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COVENANTS.

Apportionment (rent).

And perform

356

cited indenture of lease, the clear yearly rent or sum of £ being one (the proportion) part of the said ground rent or yearly sum, when and as the same, under and according to the true intent and meaning of the same indenture of lease, shall become due covenants and in- and payable. AND also that he the said (first party) shall and demnify against will during the continuance of the said term perform, fulfil, and original lease. keep all and singular the covenants, provisoes, and agreements contained in the said recited indenture of lease on the part of the said (lessee), his executors, administrators, and assigns, to be kept, done and performed so far as such covenants, stipulations, and agreements relate to, or concern, or ought to be kept, done and performed in respect or on account of the said messuage or tenement and premises so purchased by him the said (first party) as aforesaid, and comprised in the hereinbefore firstly in part recited indenture of assignment or assurance, and of and from the said (proportion) part of the said yearly ground rent or sum of £ ; and of and from all and every the said covenants, provisoes, and agreements in the said indenture of lease contained, so far as the same respectively relate or concern, or ought to be kept and observed in respect or on account of the said messuage or tenement and premises so purchased by him the said (first party) as aforesaid; and all costs, charges, damages, and expenses which he the said (second party), his executors, administrators, and assigns, shall sustain or be liable unto for or by reason of any breach, neglect, or default of or by him the said (first party), his executors, administrators or assigns, in or concerning the same, shall and will at all times, and from time to time, save, defend, and keep harmless and indemnified him the said (second party), his executors, administrators, and assigns, and his and their lands and tenements, goods and chattels. AND moreover, that in case the said (second party), his executors, administrators, or assigns, shall at any time or times hereafter pay, bear, or sustain any sum or sums of money, loss, costs, charges, or expenses for or by reason of the said apportioned yearly rent or sum of not being duly paid, or of the covenants and agreements in the said in part recited indenture of lease not being observed or performed by the said (first party), his executors, administrators, and assigns, as aforesaid, according to the true intent and meaning of these presents. THEN and in every such case, and so often as the same shall happen, it shall be lawful for the said (second party), his executors, administrators, and assigns, into and upon the messuage or tenement and premises so purchased by the said (first party), and comprised or intended to be comprised in the said firstly

Power of distress on default.

COVENANTS.

(rent).

FURTHER

in part recited indenture of assignment, to enter and distrain for all and every such sum and sums of money, loss, costs, charges, and ex- Apportionment penses which he the said (second party), his executors, administrators, or assigns, shall so pay, bear or sustain. AND the distress and distresses then and there found deal with according to due course of law, in like manner in all things as in the case of distress for non-payment of rent-arrears, to the intent that thereby he the said (second party), his executors, administrators, and assigns, shall and may be fully paid and satisfied all and every such sum and sums of money, loss, costs, charges, and expenses, and every of them. AND THIS INDENTURE FURTHER WITNESSETH, that in further pursuance of the said in part recited conditions of sale, and of the hereinbefore in part recited agreements on the part of the said (second party), and for and in consideration of the covenants and agreements herein before contained on the part of the said (first party), he the said (second party), for himself, his heirs, executors, and administrators, tress. doth hereby covenant, promise, grant, and agree with and to the said (first party), his executors, administrators, and assigns, in the manner following: (that is to say) that he the said (second party), his executors, administrators, and assigns, shall and will, &c. [add similar covenants, &c. by the second party as are before entered into by the first party.] IN WITNESS, &c.

WITNESS.

Like covenant

by the second party with the

first, with like

power of dis

COVENANTS.

Award (abide).

No. CCCVIII.

*A Deed of Covenant by Parties in difference to Abide the Award

of Arbitrators.

WITNESS. Parties covenant to abide award.

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year, &c. and in the year of our Lord 18
party in difference) of, &c. of the
difference) of, &c. of the

in the BETWEEN (one

part, (another party in part, &c. [naming them successively of different parts]. WHEREAS differences having arisen between the said (parties), relative to, &c. [state the subject of difference], and in order to put an end to the same, the said parties have agreed to refer the same to the award and final determination of (three arbitrators) of, &c. or of any two of them, and to enter into such covenants for the abiding and performance of the said award or determination as hereinafter are contained. NOW THIS INDENTURE WITNESSETH, that they the said (parties) do, and each and every of them doth, for themselves and himself, severally and respectively, and for his and their several and respective heirs, executors, and administrators, but not jointly nor the one for the other of them, covenant, promise, and agree with and to each other, and the heirs, executors, and administrators of each other respectively, well and truly, that they and each and every of them (each covenanting severally as aforesaid), and their respective heirs, executors, and administrators, shall and will stand to, obey, abide, observe, and perform the award, order, arbitrament and final determination of the said (three arbitrators), or of any two of them, of and concerning the matters and things so to them referred as aforesaid, or of and concerning any matter or thing relating thereto; and also of and concerning all and all manner of action and actions, cause and causes of action, suits, debts, bills, bonds, specialties, sums of money, covenants, contracts, promises, accounts, reckonings, controversies, damages, claims, and demands whatsoever, as well at law as in equity, now or at any time heretofore subsisting or being between the said parties, or any or either of them, so that the said award or final determination be made in writing un

COVENANTS.

Award (abide).

der the hands of them the said arbitrators, or of any two of them.
AND the said (parties) do hereby severally and respectively agree
that these presents and the submission hereby made shall be made a
rule of his Majesty's Court of King's Bench at Westminster, to the
end that the said parties may respectively be finally bounden and
concluded by the said award or determination, pursuant to the sta-
tute in that case made and provided: And further, that neither of
them the said parties shall or will prosecute or commence any action
or suit in any court of law or equity, or other process or proceedings
against the said arbitrators, or any or either of them, against each
other, concerning the said matters in difference, until the said award
or determination be made and delivered; and also that all costs and
charges attending the said arbitration shall be in the discretion of
the said arbitrators or any two of them, and be paid and satisfied
pursuant to their award. AND for the full performance and observ- Penalty.
ance of the award or determination so to be made as aforesaid, the
said parties do morcover hereby severally and respectively bind them-
selves and their several and respective heirs, executors, and adminis-
trators, to each other, and the heirs, executors, and administrators of
each other, in the penal sum of L
of good and lawful money
of the United Kingdom of Great Britain and Ireland, firmly by these
presents (1). IN WITNESS, &c.

(1) See ante, p. 62. n. (1), p. 65. n. (3).

Penal sum.

COVENANTS.

Defeazance (judgment).

No. CCCIX.

*A Deed of Covenant by way of Defeazance on a Post-obit Bond and Warrant of Attorney (1).

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&c. and in the year of our Lord 18 BETWEEN (obligor) of, &c.
of the one part and (obligee) of, &c. of the other part. WHEREAS
the said (obligor) having occasion for the sum of £
hath requested the said (obligee) to advance him the same upon
condition of being paid upon the decease of (father, or as the
case may be) the sum of £
in case he the said (obligee)
shall happen to survive him, and for securing the same hath pro-
posed to give his bond and warrant of attorney to confess judg-
ment thereupon, to which the said (obligee), in order to oblige and
serve the said (obligor), hath consented to do. AND WHEREAS the
said (obligee) hath accordingly this day advanced and paid unto the
said (obligor) the said sum of £ and in consideration of such pay-
ment, and also in pursuance of the said proposal and agreement on
the part of the said (obligor) he the said (obligor) hath by one bond
or obligation bearing equal date with and executed before these pre-
sents, bound himself, his heirs, executors and administrators, unto
the said (obligee), his executors, administrators and assigns, in the
penal sum of £
of lawful money of Great Britain, subject to
a condition thereunder written, that if the said (obligor) should happen
to survive and outlive his said father
and in that case if the
said (obligor), his heirs, executors or administrators, should within
one calendar month next after the decease of his said father well
and truly pay or cause to be paid unto the said (obligee), his exe-
cutors, administrators or assigns, the sum of £
of lawful
money of Great Britain without any deduction or abatement whatso-
ever; or if the said (obligor) should happen to die in the lifetime of
his said father, then and in either of the said cases the said obliga-
tion should cease, be void, and of none effect. AND WHEREAS for
the better and more effectually securing the payment of the said sum

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(1) See ante, p. 200, n. (1).

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