C. D., his executors, administrators, and assigns, for the remainder of the said term of, &c., which shall be then to come, and unexpired therein. In witness, &c.

(16.)

An Agreement for an Exchange of leasehold
Premises.

MEMORANDUM of an agreement made this
day of, &c., BETWEEN A. B., of, &c., (who is pos-
sessed of a piece or parcel of land, situate, &c.,
containing by admeasurement, &c., for a term of

-years, commencing from, &c., subject to the yearly rent of, &c., reserved and subject to the cotenants contained in a certain indenture of lease dated, &c., and made between, &c.,) of the one part, and C. D., of, &c., (who is also possessed of, &c.,)

Agreement.

title.

of the other part; the said A. B. and C. D. agree to Toexchange make exchange of their respective leasehold premises aforesaid, and forthwith to furnish each other Abstracts of with an abstract of their respective titles to the land to be exchanged; but such abstracts shall not be required to show the lessor's title; and upon the To execute respective titles of the lands being approved, shall assignments and will, on or before, &c., execute, at the expense of the other of them, such assignments and assurances with all necessary covenants as shall, by their respective council, be reasonably advised; (and if a sum of money be paid for equality of exchange, say, The said paying to the said

the

sum of £
for equality of exchange;) and Rents..
lastly, that each of the said parties shall be entitled
to the rents and profits of the said lands, so to be
by them respectively taken in exchange as afore-
said, from the day of, &c., to which time all
taxes, rates, and other charges whatsoever, payable
in respect of the said premises, shall be paid by the
party assigning the same. In witness, &c.

Parties.

Recital.

re-build.

(17.)

Agreement by Landlord to build up Premises destroyed by Fire.

ARTICLES of agreement made, &c., BETWEEN (landlord), of, &c., of the one part, and the (lessee), of, &c., of the other part.

WHEREAS, by indenture, &c. (recite the lease, and set forth the covenant for insuring the buildings,) and that the premises, or a part, (as the fact is,) were consumed or damaged by accidental fire, and that the insurance office, declining to re-build, has paid down the insurance money, and that the parties hereto, in pursuance of the covenant contained in the said indenture, have agreed to re-build the same, under the stipulations Covenant to hereinafter expressed. Now THESE PRESENTS WITNESS, that, in pursuance of the said agreement, and of the said covenants in the said in part recited indenture of lease contained, and for and in consideration of the sum of £ of lawful money of Great Britain, to the said (lessor), paid by the said office or company, called the, &c., insurance office, he, the said (lessor), doth hereby for himself, his heirs, executors, and administrators, covenant, promise, and agree, to and with the said (lessee), his executors, administrators, and assigns, that he, the said (lessor), (v) his executors or administrators, shall and will, within the space or time of six calendar months, from or next after the day of the date of these presents, erect and build, or cause to be erected and built, in a good, substantial, and workmanlike manner in all things, a messuage, &c., in and according to the same or like elevation, plan, form, and manner, as the premises were or stood before the same were so consumed by fire, being the elevation, plan, and form, and manner, mentioned in the schedule or specification thereof Materials hereafter written; AND also, that he, the said

(v) If the lessee is to re-build, this precedent may be altered accordingly.

case of plan

from.

(lessor), shall and will find and provide such good and proper materials of all kinds whatever, as together with the materials not consumed by the said fire, and as are sound and good, shall be sufficient for erecting and completing the said messuage, &c., according to the plan, and in the manner, aforesaid; PROVIDED ALWAYS, nevertheless, and it Provision in is hereby declared and agreed, by and between the deviated said parties, that in case either of them, or the executors, administrators, or assigns, of either of them, shall require any more or other work, addition, or improvement, to be made or done, in or about the said messuage or premises, saving the repairing thereof, than is contained in the schedule hereunder written, and the other of the said parties shall consent thereto, the same shall be made and done at the sole expense of the party requiring the same, his executors, administrators, or assigns, unless otherwise agreed by or between the said parties, to be testified in writing under their respective hands subsequently to the date of these presents. AND The lease beWHEREAS the said in part recited indenture of lease is ed a new lost or destroyed, now it is hereby further agreed and one to be declared that the said (lessee), his executors, administrators, and assigns, shall have a new lease granted, or indenture of lease executed, to him and them, by the said (lessor), his heirs, executors, and administrators, at the request and costs of him the said (lessor), containing the same or like terms, conditions, covenants, and agreements, in all respects, for the residue now to come of the term of years by the said indenture of lease granted, as the same indenture, and the counterpart thereof, does or did contain in relation to the said lease and premises; and that in the mean time, and until such Lessee to enjoy until lease shall be granted, or indenture executed, he, lease the said (lessee), his executors, administrators, and cuted. assigns, shall have, hold, and enjoy, the messuage, &c., so to be newly erected and built as aforesaid, with all and every the appurtenances thereof, upon and subject to the same or like terms, conditions,

ing destroy

granted.

exe

Parties.

Consideration.

Abstract.

If copyhold.
If leasehold.

Copyhold.
Leasehold.

covenants, and agreements, respectively, save only that an abatement, after the rate of the sum of £ per annum, shall be made and allowed to him and them until such time as the said messuage, &c., shall be re-built, and be put into a tenantable state or condition; and moreover, that he, the said (lessee), will execute a counterpart of the said indenture when tendered to him for that purpose; AND &c., (add, if required, a clause of arbitration for referring differences, see p. 97). In witness, &c.

(18.)

Form of an Agreement for Purchase, whether freehold, copyhold, or leasehold.

ARTICLES of agreement made and entered into this day of, &c., BETWEEN A. B., of, &c., for himself, his heirs, executors, and administrators, of the one part, and C. D., of, &c., for himself, his heirs, executors, and administrators, of the other part.

The said A. B., in consideration of the sum of £, paid to him by the said C. D., at or before the execution of this agreement, and of the further sum of £ -, to be paid at the time hereinafter mentioned, doth agree to sell, to the said C. D., all, (w) &c., with their rights, members, and appur

tenances.

And the said A. B. doth hereby agree that he will, on or before the day of, &c., next, make out and deliver, unto the said C. D., or his solicitor, an abstract of his title (x) to the said here

(w) If copyhold, say, "All that customary or copyhold messuage," &c. If leasehold, say, "All that leasehold messuage, &c., for the residue of a term of years yet to come and unexpired, and now vested in the said A. B. by virtue of an indenture dated, &c., and made between," &c. (x) If copyhold, say, "To the said copyhold hereditaments and pre

mises.

If leasehold, say," To the said leasehold hereditaments and premises;" and if it be intended that the abstract shall not extend to the title of the original lessor, say, " But which abstract shall not extend to, or comprise the title of, the lessor of the said premises," which will prevent the neces sity of the production of the title of the lessor, which otherwise would probably be required.-See Fildes v. Hooker, 2 Mer. 424.

ditaments and premises, and will, at his expense, deduce a clear title thereto.

to execute

And also, that he, the said A. B., or his heirs, Stipulation and all other necessary parties, shall and will, on or conveyances before the day of next, on receiving of and from the said C. D., the said sum of £————, remainder of the said purchase money, execute(y) a 'proper conveyance (or say, “proper conveyances and assurances") for conveying and assuring the fee simple and inheritance of and in the said hereditaments and premises, with the appurtenances, unto the said C. D., his heirs or assigns, or as he or they shall direct or appoint, free from all incumbrances whatsoever; (except, &c.)

to pay the

money.

And the said C. D. hereby agrees with the said Stipulation A. B., that he, the said C. D., his heirs, executors, remainder administrators, or assigns, shall and will, on (2) of purchase the execution of such conveyance ("or conveyances") as aforesaid, pay the sum of £ the said vendor, his executors or administrators.(a) And it is hereby further agreed, by and between

unto

(y) If copyhold, say, “Make and execute a proper surrender and assur- Copyhold. ance (or say, proper surrenders and assurances) in fee simple, according to the custom of the manor of E. aforesaid, of the said hereditaments and premises, unto the said C. D., his heirs and assigns, free from all charges and incumbrances, except only the rents, suits, and services, respectively, due or payable to the lord (or lady) of the said manor for the time being.

If leasehold, say, "Execute a valid assignment, or other proper and Leasehold. effectual assurances, of all and singular the said premises, for the then residue of the said term, and all assignments of the same, unto the said C. D., his executors, administrators, and assigns, free from all incumbrances, except only the rent, covenants, and agreements, in the original indenture of lease reserved and contained, on the tenant or assignee's part to be paid and performed."

(=) If copyhold, say," On the making and executing such surrender and Copyhold. assurance (or surrenders and assurances)."

If leasehold, say, "On the execution of such assignment or assurances Leasehold. as aforesaid, pay," &c.

(a) If copyhold, say, "That the surrender, and all fees and fines in re- Copyhold. spect of the same, and of the admission of the said C. D., shall be at the expense of him the said C. D.

(The steward of the manor in general prepares the surrender, and can insist upon doing so.- Rex v. Rigge, 2 B. & A. 550. The fine is not payable until admittance.-Rex v. Lord of the Manor of Hendon, 2 T. R. 484. And must be paid for by the purchaser.-Drury v. Mann, 1 Atk. 96. And it seems to be so notwithstanding the vendor has agreed to surrender the premises at his own expense.-Graham v. Sime, I East, 632. But the vendor must be admitted previous to surrendering to the purchaser, therefore if he has not been so, he must pay for such admittance.-Drury r. Mann, 1 Atk. 96 n.)