and tenements, from and against the same respectively, and all actions, suits, process, loss, costs, charges, damages, and expenses whatsoever, for or on account of or in relation to the same, or any of them, in any manner howsoever (1). IN WITNESS, &c.

(1) It may sometimes be advisable that the purchaser should give the vendor powers of distress and entry on the premises, in case the original rent be in arrear, and the vendor be compelled to pay it; the form of these powers may be as follows:

"PROVIDED ALWAYS, and it is hereby declared and agreed by and between the said parties hereto, and the said (assignee) doth hereby for himself, his heirs, executors, and administrators, covenant, grant, and declare with and to the said (assignor), his executors and administrators, in manner following: (that is to say) that if at any time or times during the continuance of the term of

years in or by the said hereinbefore in part recited indenture of demise or lease granted, the said yearly rent of £ in or by the said indenture of lease reserved, shall be in arrear and unpaid by the space of twenty-one days next after any of the said days or times whereon the same is thereby appointed to be paid, and the said (assignor), his executors or administrators, shall pay or be obliged or liable to pay the same or any part thereof; or if the said (assignee), his executors, administrators, or assigns, shall wilfully fail in the observance or performance of any or either of the covenants or agreements in the same indenture of lease contained, which on the part of the tenant or lessee of the said premises are or ought to be performed or observed; then and in such case and as often as it shall so happen it shall be lawful for the said (assignor), his executors and administrators, to enter into and distrain (2) upon the messuage or tenement, piece or parcel of ground, and premises in the said indenture of even date herewith described, and thereby expressed to be assigned to him the said (assignee); for all such sum and sums of money, costs, charges, and expenses, as he the said (assignor), his executors or administrators, shall have paid, sustained, or been put unto by reason of such default or non-payment as aforesaid, or in anywise relating thereto; and the distress and distresses then and there taken by or by the

(2) This power of distress must be expressly given by the assignee, because having parted with his whole interest he cannot otherwise distrain for want of a reversion in him; - v. Cooke, 2 Wils. 375; although it may be stipulated that the assignee shall be tenant to the assignor; Parmente v. Webber, 2 Moore, 658.

INDEMNITY.

Rent, and covenants.

Powers of dis

tress and entry if rent in arrear.

INDEMNITY.

Rent and covenants.

order of the said (assignor), his executors or administrators, empound,
detain, and keep until, as well all such sum and sums of money, costs,
charges, damages, and expenses as aforesaid, as also all such costs,
charges, damages, and expenses as he the said (assignor), his ex-
ecutors or administrators, shall, pay, sustain, or be put unto during
the continuance of any such distress or distresses, shall be fully paid
and satisfied; and in default thereof, then in due time to sell and dis-
pose of or otherwise deal with the same according to law; and in
such or the like manner as is allowed unto landlords for rent in
arrear. AND in case upon any such entry no distress or distresses
shall be then found or appear, or in case the same shall not be suf-
ficient, then and in such case and as often as the same shall so hap-
pen it shall be lawful for the said (assignor), his executors or ad-
ministrators, to enter (1) into and upon the said premises or any part
thereof, in the name of the whole, and to have, hold, retain, and en-
joy the same, as of his and their former estate, for all the residue or
remainder which shall be then to come and unexpired of or in the
said term of
years, any thing in the said indenture of assign-
ment of even date herewith contained or implied to the contrary
thereof in anywise notwithstanding."

(1) That this condition is valid see Doe dem. Freeman v. Bateman, 2 Barn. and Ald. 168, in which it was holden that an assignor disposing of his whole interest subject to a right of re-entry on the breach of a condition, might re-enter for the condition broken, although he had no reversion nor power of distress.

No. CCCLXIX.

A Deed of Indemnity against a Rent-Charge or other Incum-
brance, by Covenant and Power to Distrain (1).

Variations where the Indemnity is against a proportion only of
the Rent-Charge.

THIS INDENTURE made the

day of

in the

INDEMNITY.

'Rent-Charge (covenant, &c.).

BE

year of the reign, &c. and in the year of our Lord 18
TWEEN (the vendor) of, &c. of the one part, and (the purchaser)
of, &c. of the other part. WHEREAS, &c. [recitals of conveyance of the Recitals.
rent-charge.] AND WHEREAS for the purpose of indemnifying the said
(purchaser) against the said rent-charge, the said (vendor) hath agreed
to enter into such covenants and agreements as hereinafter are con-
tained. Now THEREFORE THIS INDENTURE WITNESSETH, that in
pursuance of the said agreement, he the said (vendor), for himself, his
heirs, executors, and administrators, doth hereby covenant, promise,
agree and declare with and to the said (purchaser), his executors, ad-
ministrators and assigns, in the manner following, (that is to say) that
he the said (vendor) shall and will, from time to time, and at all times
hereafter (2) well and truly pay or cause to be paid unto the per-

(1) In most cases an indemnity of this kind may, without inconvenience, be contained in the conveyance of the premises for which it is intended as a protection: viz. in all cases where both deeds must necessarily remain in the custody of the same person. But as it may frequently happen that by a division of the premises into parcels, the indemnity may, by the rules of practice, belong to a different person from one who may have a part of the land, it has been thought right to give the form of such indemnity by a separate instrument.

(2) If the purchaser is to pay a proportion of the rent-charge, and the vendor is to indemnify him against the remainder only, say, "So long as the said (purchaser), his heirs, executors, administrators or assigns, shall pay and discharge and exonerate and indemnify the said (vendor), his executors, administrators and assigns, of and from the payment of such part, share or proportion of the said

WITNESS.

The vendor

covenants to pay

the rent charge.

Indemnity may

in most cases be contained in the purchase deed.

Purchaser to pay

a proportion of

the rent-charge.

INDEMNITY.

Rent-Charge (covenant, &c.).

And indemnify

the purchaser.

son or persons who for the time being shall be entitled to receive the
same (1), the said yearly rent-charge, or annual sum of £
as and when the same shall be or become payable; and (2) also
from time to time and at all times hereafter observe, perform, fulfil
and keep all and every the covenants and agreements in the same
indenture contained, which on the part and behalf of the said
(vendor), his heirs, executors, administrators or assigns, are or
ought to be observed, performed, fulfilled and kept (3); and also
that he the said (vendor), his heirs, executors or administrators,
shall and will from time to time, and at all times hereafter during

Indemnity against a proportion only of the rent-charge.

Covenants to be performed. Covenants to be performed by purchaser.

day

the said hereinbefore in part recited indenture of the
of
reserved and made payable, as according to the
truc intent and meaning of these presents is payable for or in respect
of the premises purchased by and conveyed to the said (purchaser)
as hereinbefore is mentioned."

(1) If the purchaser is to pay a proportion of the rent-charge, and the vendor is to indemnify him against the remainder only, say,

66

One full

sum of L

part of the said yearly rent-charge, or annual , or such other part, share or proportion of the same, as according to the true intent and meaning of these presents, is not payable for or in respect of the messuage or tenement and premises so purchased by and conveyed to the said (purchaser) as hereinbefore is mentioned; but for or in respect of other the messuages or tenements and premises, comprised in the said indenture of lease of the

day of

which are to remain in the tenure or occupation of the said (vendor)."

(2) If there are no covenants to be performed, against which the purchaser wishes to be indemnified, these words may be omitted.

(3) If there are any covenants in the lease or deed creating the rentcharge, which relate exclusively to the premises in the possession of the purchaser, say,

"Other than and except such of the said covenants and agreements as exclusively relate to or concern the messuage or tenement and premises purchased by and conveyed to the said (purchaser) as hereinbefore is mentioned, as part or proportion only of the messuages, lands and premises in the said indenture comprised, and which are or ought, according to the true intent and meaning of these presents, to be observed, performed, fulfilled and kept by the said (purchaser), his heirs, executors, administrators or assigns."

INDEMNITY,

Rent-Charge (covenant, &c.).

tress.

the subsistence and continuance of the said yearly rent-charge, well and effectually save, defend, keep harmless and indemnified, the said (purchaser), his executors, administrators and assigns, and his and their goods and chattels; and also the messuages, lands and hereditaments so sold and conveyed to him the said (purchaser), and chargeable with the payment thereof, as hereinbefore is mentioned, of, from and against the said yearly rent-charge or annual sum of L and of, from and against all costs, charges, damages and expenses which he or they, or any of them, shall or may pay, suffer, sustain or be subject or liable to, by reason or means of the non-payment of (1) the same or any part thereof. PROVIDED Power of disALWAYS, and the said (vendor) doth hereby in manner aforesaid further covenant, promise, grant and agree with and to the said (purchaser), his executors, administrators and assigns, that in case any distress or distresses shall at any time or times hereafter be made for (2) the said yearly rent-charge or annual sum of £ or any part thereof, by the person or persons who for the time being shall be entitled to the same, in or upon the said messuage or tenement and premises so purchased and conveyed to the said (purchaser) as hereinbefore is mentioned, and the said (purchaser), his executors, administrators or assigns, shall thereby, or otherwise pay or be compelled to pay the same, or any part thereof, then and in such case the sum and sums of money which shall from time to time or at any time be so paid by the said (purchaser), his exeeutors, administrators and assigns as aforesaid, shall thereupon and

(1) If the vendor is. to indemnify against a proportion only of the rent-charge, say,

"Of such part of the said yearly rent-charge or annual sum of L or the performance of such of the covenants and agreements, by and in the said indenture of the

,

day of

reserved and contained, as according to the true intent and meaning of these presents are and ought to be paid, observed and performed by or on the part and behalf of the said (vendor), his heirs, executors or administrators."

(2) If the purchaser is himself to pay a proportion of the rent-charge, say,

"For any greater proportion of the said yearly rent-charge or annual sum of £ than according to the true intent and meaning of these presents is payable for in respect of the messuage or tenement and premises purchased by and conveyed to the said (purchaser), as hereinbefore is mentioned."

Indemnity

against propor

tion only of

rent-charge.

Purchaser paying a proportion of the rentcharge.