INDEMNITY.

immediately thereafter be charged, and the same are hereby charged and Rent-Charge made chargeable upon ALL, &c. and it shall be lawful for the said (pur(covenant, &c.). chaser), his executors, administrators and assigns, or his or their lawful attorney or attorneys, and he and they are hereby expressly authorized and empowered from time to time, as often as the same shall happen, to enter into and upon ALL and singular the same messuages or tenements and premises hereby charged or chargeable, or expressed or intended to be charged with the payment thereof, and there to distrain for all such sum and sums of money, costs, charges, damages and expenses as he the said (purchaser), his executors, administrators or assigns, shall have paid, sustained or been put unto by reason or in consequence of any such distress or distresses being so made in or upon the said messuage or tenement and premises so purchased by and conveyed to him the said (purchaser) as aforesaid, or the said distress or distresses so to be made by him the said (purchaser), his executors, administrators or assigns, upon the premises of the said (vendor), or otherwise by reason of the non-payment of the said yearly rent-charge or annual sum of £ and the goods, chattels or other distrainable property and effects which shall be then and there found, or which shall have been thence unlawfully removed, to empound, detain and keep; and in due time after such distress or distresses shall be so made, to cause the same goods, chattels and effects to be appraised and sold, or otherwise disposed of according to law, in like manner as in the case of distresses made for rent reserved upon leases or demises for years, to and for the intent and purpose that the said (purchaser), his executors, administrators and assigns, may thereby be fully paid and satisfied the same sum and sums of money, costs, charges, damages and expenses, and every part thereof. IN WITNESS, &c.

No. CCCLXX.

A Deed of Indemnity against a Rent-Charge or other Incum-
brance, by Demise of Freehold Lands to a Trustee (1).
Variations where it is the conveyance of the fee.
where the premises are Leasehold. Where a Rent-Charge is
created as an indemnity.

Also

INDEMNITY.

Rent-Charge (demise).

THIS INDENTURE made the

day of

year of the reign, &c. and*] in the year of our

[in the Lord 18

BETWEEN (the vendor) of, &c. of the first part, (the purchaser) Parties.

of, &c. of the second part, and (the trustee) of, &c. a trustee

chase.

named and appointed for the purposes hereinafter mentioned, of the Recital of purthird part. WHEREAS (2) the said (purchaser) hath lately contracted with the said (vendor), for the absolute purchase of certain lands and hereditaments situated at

in the county of

(1) Where an estate is sold liable to the payment of a rent-charge or Different modes other incumbrances affecting it, there are several methods adopted to of indemnity. indemnify the purchaser against them; the first and the most secure method is that given in the form in the text, namely, to demise other premises to a trustee, upon proper trusts for the purpose; another mode is to invest part of the purchase-money in the funds in the names of trustees, which is frequently adopted where the incumbrances are not likely to be of long continuance, as against the claim of a minor, a life annuity, or the like; and of which a form has been given, ante, p. 552. But if the circumstances of the case will not admit of either of these modes, then either a bond or other personal security may be given; for which see ante, p. 122: or a power of distress may be given upon premises in the occupation of the vendor; ante, pp. 571.573.

*If brevity be particularly desired, the words within brackets may be Brevity. mitted.

(2) If the premises be leasehold recite here the lease, as ante, p. Leaseholds.

569.

INDEMNITY.

Rent-Charge (demise).

Of lands being liable to payment of rent charge.

WITNESS.

The vendor demises

Parcels.

AND WHEREAS by indentures (1) of lease and release, the lease bearing date the day next before the date of the release, and the release bearing or intended to bear even date with these presents, and made or expressed to be made between, &c. the said lands and hereditaments have been conveyed and assured unto and to the use AND of the said (purchaser), his heirs and assigns, for ever. WHEREAS the said lands and hereditaments are subject and liable (2) to the payment of a yearly rent-charge or annual sum of £ under or by virtue of an indenture bearing date the

day of

, and made between, &c. AND WHEREAS for indemnifying the said (purchaser), and also the said lands and hereditaments, from and against the payment of the said yearly rent-charge, the said (vendor) hath agreed to demise the several messuages, lands, and hereditaments hereinafter described unto the said (trustee), for the term and upon the trusts hereinafter declared concerning the same. NOW THIS INDENTURE WITNESSETH, that in pursuance of the said agreement and for effectuating the purposes aforesaid, [and also for and in consideration of the sum of 10s. of lawful money of England, to the said (vendor) in hand well and truly paid by the said (trustees), at or before the execution of these presents, the receipt whereof is hereby acknowledged,] HE the said (vendor) HATH granted (3), bargained, sold, and demised (4), and by these presents DOTH grant, bargain, sell, demise, and confirm unto the said (trustee), his executors, administrators, and assigns, ALL, &c. or howsoever otherwise the said messuages, lands, tenements, hereditaments,

Leaseholds.

Estate in ven

dor and trustee. Leaseholds.

Parcels.

(1) If the premises conveyed to the purchaser be leasehold, say, "AND WHEREAS by an indenture of assignment bearing or intended to bear even date with these presents, and made or expressed to be made between, &c. the said messuages, lands, and premises, were assigned unto the said (purchaser), his executors, administrators, and assigns, for the residue of the term of years then to come therein."

(2) Recite here the incumbrances against which the indemnity is given.

(5) If the premises be leasehold they must be assigned to the trustee for the residue of the term, the form of this assignment will be similar to that given ante, p. 569.

(4) Insert here an accurate description of the lands intended to be demised, by their ancient and present name, situation, tenancy, &c.

If the fee of the premises is conveyed, say, "aliened and released," instead of demised.

INDEMNITY.

Rent-Charge (demise).

and premises, or any of them or any part thereof, now are or is or
heretofore were or was situated, tenanted, called, known, described,
or distinguished, together with all [houses, out-houses, buildings,
barns, stables, coach-houses, dove-houses, yards, cellars, vaults, areas,
benefit and advantage of ancient and other lights, ways, paths, pas-
sages, gardens, orchards, ponds, waters, land covered with water,
water-courses, timber, and other trees, woods, underwoods, and the
ground and soil thereof; mines, quarries, rights, and privileges of
common of every kind, and all] and all manner of [other] rights,
privileges, easements, advantages, appendages, and appurtenances
whatsoever to the said messuages, lands, tenements, hereditaments,
and premises, or any of them or any part thereof respectively belong-
ing, [or in anywise appertaining, or reputed or deemed so to be, or
with the same or any of them now or heretofore holden, used, occu-
pied, or enjoyed] (1), and all and every the yearly and other rents,
issues, and proceeds of the same, and of every part thereof; [And all
the estate, right, title, interest, use, trust, property, possession, pos-
sibility, claim, and demand whatsoever, both at law and in equity, of
him the said (vendor) in, to, out of, upon, or respecting the same
hereditaments and premises, and every or any of them, for and
during the said term, together with all deeds, muniments, writings,
and evidences whatsoever, which in anywise relate to the same pre-
mises or any part thereof, and which now are or hereafter during the
said term shall or may be in the possession, custody, or lawful power
of the said (vendor), his heirs or assigns, or of any person or persons
from whom he or they can or may procure the same, without action
or suit at law or in equity.] TO HAVE AND TO HOLD (2) the said
messuages, lands, tenements, hereditaments, and all and singular years.
other the premises hereinbefore described and hereby granted and
demised, or mentioned or intended so to be, with their and every of
their appurtenances unto the said (trustee), his executors, adminis-
trators, and assigns, from the day next before the day of the date of
these presents, for and during the full and complete term or period of
500 years thence next ensuing, without impeachment of or for any

TO HOLD to trustee for 500

(1) If the fee be conveyed, make the usual reference to the bargain and sale for a year, and add,

"And the reversion and reversions, remainder and remainders, of and in the said hereditaments."

(2) If the fee be conveyed, see post. Rider B. p. 587.

INDEMNITY.

Rent-Charge (demise).

Upon trust for

vendor until demand made

manner of waste, other than for wilful or malicious waste, BUT NEVERTHELESS upon the trusts and to and for the several intents and purposes, and under and subject to the several provisoes, declarations, and agreements hereinafter declared or expressed concerning the same; (that is to say), UPON TRUST (1) to permit and suffer and authorize and empower the said (vendor), his heirs and assigns, to upon purchaser. receive and take the rents, issues, and profits of all and singular the same hereditaments and premises and of every part and parcel thereof, to and for his and their own use and benefit, until demand shall be made of or against the said (purchaser), his heirs or assigns, or the premises so purchased by him as aforesaid, for or in respect of the said yearly rent-charge or annual sum of £ or some part or

Then upon trust thereout, or by sale, &c. to pay

incumbrance.

Brevity.

Judgments, &c.

proportion thereof, under or by virtue of the said hereinbefore in part
recited indenture of the
day of
. AND UPON THIS
FURTHER TRUST, that in case any such demand shall be made, then
and in such case and from time to time, as often as the same shall
happen, he the said (trustee), his executors, administrators, and as-
signs, shall and do immediately thereupon or at any time thereafter,
by and out of the rents, issues, and profits of all and singular or any
part of the said hereditaments and premises, or by bringing actions
against all and every or any of the present or future tenants thereof,
or by making entries upon the said premises, or by demising, leasing,
or mortgaging, or by absolutely selling or otherwise disposing of the
same or any part thereof, either by public or private sale or contract
for all or any part of the said term of 500 years, and by executing all
necessary and proper deeds and assurances requisite for that purpose,
or by all and every or any one or more of the said ways and means,
or by any other lawful ways and means whatsoever, at his or their
discretion, to raise and obtain such sum and sums of money as he or
they shall think proper and sufficient, or as can be obtained for or
upon the same, and thereby or thereout pay and satisfy (2) the said

(1) For the sake of conciseness these trusts may be varied, as post. Rider A. p. 586.

(2) If the incumbrances consist of judgments which have been obtained against the vendor, or the premises are charged with the payment of a money in gross, say,

sum of

,

"To pay and satisfy and discharge as well the said debt or sum of L or other sum or sums of money which shall or may be recovered upon or by virtue of the said hereinbefore in part recited judgments, or any other judgment or judgments already or at any time hereafter to be obtained or entered up against the said (vendor)