COVENANTS. Indemnity (mortgage term). thereof, of, from and against the said recited indenture of demise [or as the case was] by way of mortgage, and all mesne assignments made or pretended to be made thereof, and also of, from and against all principal monies and interest which now is, are or may be, or which at any time hereafter shall appear or be thought to be due or owing, or shall be claimed or pretended to be due or owing unto the real or personal representative, or any creditor or creditors of the said (mortgagee), his, their or any of their heirs, executors, administrators, creditors or assigns, or any other person or persons whomsoever upon or by virtue of, or under the said mortgage or any assignment or assignments thereof, and also of, from and against all actions, suits, entries, ejectments, evictions, claims and demands whatsoever whether already had, made, commenced, brought or prosecuted, or which shall or may at any time or times hereafter be had, made, commenced, brought, or prosecuted, by the real or personal representatives of the said (mortgagee), his or their heirs, executors, adminis trators, creditors or assigns, or any other person or persons whomsoever, deriving, having, claiming, or pretending to derive, have or claim, any estate, right, title, trust, or interest at law or in equity, of, in, to, or out of the said messuages, lands and hereditaments, or any of them, or any part thereof, by virtue of or under the said mortgage or any mesne assignment or assignments thereof, and of, from and against all loss, costs, charges, damages, and expenses which he the said (grantee), his heirs [or executors, administrators] and assigns, or any of them, shall, can or may sustain, expend, or be put unto, for or by reason, or on account of any such action, suit, entry, ejection, eviction, or claim as aforesaid. IN WITNESS, &c. No. CCCXIII. * A Deed of Covenant for making a Legal Jointure (1) after an intended Marriage shall take effect. COVENANTS. Jointure (legal). in the BETWEEN (intended riage. year, &c. and in the year of our Lord 18 husband) of, &c. of the first part, (intended wife) of, &c. of the second part, and (trustees) of, &c. of the third part. WHEREAS a Intended marmarriage is intended to be shortly had and solemnized between the said (intended husband) and (intended wife). AND WHEREAS the said (intended husband), in order to the making a competent provision for the said (intended wife) in case she should survive him, [and in consideration of the fortune to which he will be entitled to in her right upon the solemnization of the said marriage,] is desirous of settling the lands and hereditaments hereinafter described, to the use of his said intended wife for or by way of jointure; but as some parts thereof are under such present incumbrances as to prevent his immediately making a good and perfect jointure therewith, he has agreed to enter into such covenant for making the same after the said marriage shall take effect, as hereinafter expressed. Now THIS INDENTURE WITNESSETH, that in pursuance of the said agreement, and for the considerations and purposes hereinafter mentioned, He the said (intended husband) DOTH covenant, promise, grant, and agree with, and to the said (trustees), and their heirs, in the manner following: (that is to say,) That he the said (intended husband), or his heirs, shall and will within the space of calendar months next ensuing the date of these presents, [in case the said intended marriage WITNESS. Intended hus band covenants to convey lands for jointure within a given time. (1) See of a jointure of this kind, ante, Vol. I. No. C. p. 311 in notes; Jointure. and ante. MOD. PREC. Vol. VII. pp. 262. n. (1) 300, n. (1) 3d Ed. also 2 Elem. Conv. (2d Edit.) pp. 283, 287: and for a deed of covenant to grant rent charge by way or instead of a proper jointure, which is generally a more convenient provision, see post. No CCCXV. SUP.-VOL. II. COVENANTS. Jointure (legal). To hold to use of husband and wife, for life of wife. Power to grant leases. Declaration of uses. between him and the said (intended wife) shall previously have taken effect, and the said (intended wife) shall be then living] by good and sufficient conveyances and assurances in the law, to be approved of by the counsel of them the said (trustees), or of the survivor of them, well and effectually convey and assure unto the said (trustees), and their heirs, or to the survivor of them, and his heirs, or to their or his assigns, ALL that, &c. with all and every the rights, members, and appurtenances thereunto belonging; To HAVE AND TO HOLD the same lands and hereditaments upon, to and for the uses, trusts, intents, and purposes hereinafter declared or expressed concerning the same, (that is to say) to the use and behoof of the said (intended husband) and ( ) his said intended wife, for and during the natural life of the said (intended wife), and in full recompense and satisfaction of her dower, or to such other uses, and in such other manner and form as shall be fit and. proper to make a good, valid, and legal jointure to or for her the said (intended wife), according to the true intent and meaning of these presents, and immediately from and after the decease of the said (intended wife), to the use of him the said (intended husband), his heirs and assigns, for ever: PROVIDED ALWAYS NEVERTHELESS, and it is the true intent and meaning of the said (intended husband) and of the parties to these presents, that it shall be lawful for the said (intended husband), at any time or times hereafter, at his will and pleasure, to demise, grant, and make any lease or leases for the term of twenty-one years or under, or for three lives or less, to commence from the time of making such lease or leases in possession, and not in reversion, of all and singular the aforesaid lands, tenements, and hereditaments, and other the premises with their appurtenants, or of any such part or parcel of the same as have or has most commonly been demised, or to farm letten by the space of twenty years last past before the date hereof, so that the said (intended wife) be made party to all and every such leases and demises, and that the old accustomed rent and rents or more be reserved upon all and every the said leases, grants, and demises so to be made of the premises or of any part thereof as is aforesaid, to continue and be payable yearly during every of the said leases and terms unto the said (intended husband) and his said (intended wife), and the heirs and assigns of the said (intended husband), and so always as the said leases or demises or any of them be not in any wise dispunishable of waste: AND that then and from thenceforth the said (trustees) and their heirs shall stand and be seised of all and singular the said lands, tenements, here upon COVENANTS. Jointure (legal). Reservation of rents on leases. ditaments, and other the premises, with their appurtenants, and of and in every part or parcel thereof, so to be demised and leased to the use and uses of all and every such person or persons to whom the same or any part or parcel thereof shall be demised and leased, their and his executors, administrators, and assigns, for and during such term and terms therein as shall be limited upon any such lease or leases so to be made as aforesaid: SO NEVERTHELESS, and condition that he or they to whom any such lease or leases as shall be made as aforesaid, their and his executors, administrators, and assigns, do well and truly pay or cause to be paid such of the same yearly rents and payments as shall be reserved and appointed to be paid upon the making of every such lease or leases as aforesaid to the said (intended husband) and (intended wife), during the life of the said (intended wife), and after her decease to all and every such person and persons to whom from time to time, and for the time being, the immediate use, estate, reversion, remainder, or interest of and in the same, or of and in any part or parcel thereof so to be demised or leased as aforesaid, shall by and according to the true intent and meaning of these presents, next belong, revert, remain, come or be after the expirations of such several demises or leases as aforesaid, and shall and do well and truly observe, perform, fulfil and keep all and singular the covenants, grants, articles, conditions and agreements contained and specified in the same lease, leases, and demises on the tenant's part to be observed, performed, fulfilled, and kept according to the true intent and meaning of every such lease, grant, or demise. AND so also, and upon condition that he or they to whom any such lease or leases shall be made, his or their executors, administrators, and assigns, do not at any time or times during his or their estate or several estates of and in the premises, or of or in any part or parcel thereof so to be demised or leased, commit, or make, or willingly procure, or assent to, or suffer to be committed or done any manner of waste, or destruction in and upon the premises, or in or upon any part or parcel thereof which shall amount to ten shillings, without the special licence and assent of the said (intended husband) and (intended wife), or of such person or persons to whom the immediate use, reversion or remainder thereof shall for the time being be and appertain. AND also so that he or And dues, &c. they to whom any such lease or leases shall be made of the premises, or of any part or parcel of the same as aforesaid, shall and do at all times during his or their estate or estates of and in the same, well and truly pay or cause to be paid to all and every such person or persons to whom from time to time and for the time being the imme COVENANTS. Jointure (legal). diate use, estate, reversion, remainder or interest of or in the same, |