INDEMNITY.

Rent-Charge

(demise).

Rider A.

Variation to the next preceding Precedent (see ante, p. 580, n. (1), when conciseness is required.

UPON TRUST and to the intent that the hereditaments comprised in the
said term of
years, shall and may save, defend, keep harmless
and indemnified the hereditaments hereby demised for sale as aforesaid,
and also the respective purchasers of the same, their respective heirs,
executors, administrators and assigns, from and against all and every the
subsisting annuities under the said will, &c. [as the case may be] and
from and against all actions, suits, causes of action and suit, claims
and demands whatsoever, for or in respect of the same annuities, or
any of them or any part thereof respectively: AND for that end, intent
and purpose, it is hereby further declared and agreed, that if at any
time hereafter any claim or demand whatsoever shall be made upon
the said hereditaments, or any part thereof, or the said purchasers or
any or either of them, or his or their heirs, executors, administrators or
assigns, or any other person or persons who shall or may have or be en-
titled to any estate or interest of or in any of the said hereditaments
which shall have been so sold, or his or their heirs, executors, ad-
ministrators or assigns, and he, they or any or either of them shall by
reason or in consequence of any such claim or demand pay or be liable
to pay any sum or sums of money, or sustain any costs, charges, damages
or expences whatsoever, then and in any such case and so often as the
same shall happen, the said (trustee), his executors, administrators or as-
assigns, shall by and out of the rents, issues and profits of the heredita-
ments comprised of the said term of
years, or by bringing actions
against the tenants or occupiers of the same hereditaments or any of them,
or by such other ways or means as he the said (trustee), his executors,
administrators or assigns, shall be advised and deem proper or expedient,
levy and raise such sum or sums of money as the case may require, or
as he or they shall think fit and proper, and pay and apply the money
so to be raised, or a competent part thereof, in satisfaction and dis-
charge of the said sum or sums of money, costs, charges, damages
and expences accordingly.

Rider B.

Variation in the preceding Precedent (see ante, p. 579, n. (2.)) where the Fee is conveyed as an Indemnity.

TO HAVE and to hold the several capital and other messuages, lands, tenements, and all other the hereditaments and premises hereby released or intended so to be, and every part thereof unto the said (purchaser or other grantee of the premises), his heirs and assigns, to the only use and behoof of him the said (purchaser, &c.) his heirs and assigns, for ever, but by way of indemnity only and as a protection and security to him and them from or against or in respect of any judgment debts entered of record against the said (vendor or other grantor of the premises), or any other charges or incumbrances now affecting the said hereditaments, and all actions, suits, extents, executions, costs, charges, damages, expenses, claims and demands whatsoever, for or on account of such judgments, charges or incumbrances or any of them. AND, &c. [add powers of sale, &c. (1)]. AND as to the same hereditaments, (subject to the trusts and purposes aforesaid,) or such of them as shall remain after answering the same, and also the residue or surplus of the monies arising from any sale, mortgage or other disposition thereof as aforesaid, after the said purposes shall be fully satisfied (and in the mean time subject thereto), IN TRUST for the said (vendor, &c.) his heirs and assigns [or to uses to bar dower, if so wished] to such other uses upon and for such trusts, interests and purposes, and with, under and subject to such powers, provisoes and declarations as the said (purchaser, &c.) by any deed or deeds, writing or writings, with or without power of revocation, to be by him sealed and delivered in the presence of and attested by two or more witnesses, shall from time to time direct, limit or appoint; and in the mean time and until and also in default of any such direction, limitation or appointment, and so far as the same, if incomplete, shall not extend, to the use of the said (purchaser, &c.) and his assigns during the term of his life, without impeachment of waste, and after the determination of that estate by any means in

INDEMNITY.

Rent-Charge (demise).

(1) See ante, p. 580.

Power of sale.

INDEMNITY.

Rent-Charge (demise).

lease or sell.

his lifetime, TO THE USE of the said (trustee) and his heirs [or executors and administrators] during the life of the said (purchaser, &c.), IN TRUST nevertheless for him the said (purchaser, &c.) and his assigns, and from and after the determination of the estate so hereby limited in use to the said (trustee) as aforesaid, to the use and behoof of him the said (purchaser, &c.) his heirs and assigns, for ever. AND, &c. [covenants for title, &c.](1). Owner's right to PROVIDED ALWAYS and it is hereby declared and agreed by and between the parties hereto, that nothing herein contained shall prevent or impede the said (vendor, &c.), his heirs or assigns, in or from granting or demising for any term or number of years or for any life or lives, and either with or without any fine, premium or foregift, or other consideration, or in or from contracting for the sale or mortgage of all or any part of the messuages, lands, and hereditaments hereinbefore limited in use to the said (purchaser, &c.) in trust and for such indemnity as aforesaid, or in or from selling timber or opening and working mines, pits or quarries, and disposing of the same or the produce thereof or any part thereof, or in or from raising any sum or sums of money by any other ways or means whatsoever, upon or by means of the same messuages, lands and hereditaments, or any part thereof, so as that the money to be raised or obtained by any of the said means be applied in or towards paying and satisfying such judgments, debts of record or other charges, or incumbrances which shall then affect the said hereditaments or any part thereof AND the said (purchaser, &c.) for himself, his heirs, executors and administrators, doth hereby covenant, declare and agree with and to him the said (vendor, &c ) his heirs and assigns, that he the said (purchaser, &c.) his heirs and assigns, shall and will from time to time when he or they shall be thereunto required, join and concur in any act, deed, matter or thing which shall or may be, or by counsel in the law be deemed necessary for enabling him the said (vendor, &c.) his heirs or assigns, to effect or perfect any of the ends or purposes last aforesaid. AND also at the costs and charges in all things of him the said (vendor, &c.) his heirs or assigns, when and as often as any such judgment, debt, charge or incumbrance as aforesaid, shall be paid and satisfied or otherwise released or vacated, shall and will convey and assure unto him or them, or as he or they shall direct or appoint, so much of the said messuages, lands and hereditaments as shall be of equal value with any such judgment debt, or other charge or incumbrance, as shall be so paid, satisfied, released or vacated. IN WITNESS, &c.

Covenant by purchaser to concur in sales,

&c.

Covenants.

(1) See ante, p. 267. 583.

No. CCCLXXI.

*A Grant of a perpetual Rent-Charge or Fee-farm Rent out of Premises to Indemnify other Premises conveyed to a Purchaser or Mortgagee against a like Rent-Charge issuing thereout.

INDEMNITY.

Rent-Charge.

THIS INDENTURE made the

day of

in the

year, &c. and in the year of our Lord 18 BETWEEN the (grantor) of, &c. of the first part, (the purchaser or mortgagee) of, &c. of the second part, (trustee of the rent-charge) of, &c. of the third part, and (trustee of a term to be created) of, &c. of the fourth part. WHEREAS, &c. [recite the conveyance to the purchaser or mortgagee of the premises to be indemnified and of their being subject to the rent-charge.] AND WHEREAS previously to the execution of the said conveyance, it was agreed that the said (grantee) should be indemnified against the payment of the said yearly rent-charge of £ , by the grant of a like yearly rentcharge of £ to be issuing out of the hereditaments hereinafter described. Now THIS INDENTURE WITNESSETH, that for the considerations in the said in part recited indenture expressed, [and also for and in consideration of the sum of 10s. of lawful English money, to the said (grantor) in hand paid by the said (grantee) at or before the execution of these presents, the receipt whereof is hereby acknowledged, &c.] he the said (grantor) at the request and by the direction of the said (grantee), testified by his being a party and executing these presents, HATH given and granted, and by these presents DOTH give and grant unto the said (rent-trustee), his heirs and assigns, one perpetual annuity, yearly rent-charge, or annual sum of £ of lawful current money of the United Kingdom of Great Britain and Ireland, to be issuing, growing, payable, had, received and taken by and out of ALL that, &c. and by and out of all houses, out-houses, gardens or orchards, ways, waters, easements, profits, commons, commodities, advowsons, emoluments and appurtenants whatsoever to the said messuages, lands and hereditaments belonging or in anywise ap

WITNESS. Grantor of the

premises grants

a rent-charge out of other

premises.

INDEMNITY.

Rent-Charge. TO HOLD to the

trustee in fee.

FURTHER WITNESS. Grantor de

mises the preraises to another trustee.

pertaining. TO HAVE AND TO HOLD, receive, perceive, take and enjoy
the said annuity, yearly rent-charge or annual sum of £ hereby
granted or otherwise assured or intended so to be from henceforth unto
and by him the said (rent-trustee), his heirs and assigns, for ever. AND
the said (grantor) doth hereby further grant and agree that the same
annuity or yearly rent-charge shall be paid and payable at or in the
common dining-hall of Lincoln's Inn, in the County of Middlesex, by
equal quarterly payments on the
the day of
in every

day of

and the

day of

the day of year, by even and equal portions, without any deduction or abatement out of the same, for or by reason of any present or future taxes, charges, assessments, payments or other matter, cause or things whatsoever. AND THIS INDENTURE FURTHER WITNESSETH, &c. [demise of premises for a term to another trustee (1),] but nevertheless upon and for the trusts, intents and purposes, and subject to the provisoes and agreements hereinafter contained concerning the same. PROVIDED ALWAYS, and it is hereby declared and agreed by and between the said parties to these presents, that the grant hereinbefore made to the said (term-trustee), his heirs and assigns, of the said yearly rent-charge, or sum of £

hereby granted, and the
demise hereinbefore made of the messuage, lands and hereditaments
hereinbefore described, for the term of
years as afore-
said, are respectively made to and for the end, intent and purpose
of saving harmless and keeping indemnified the said (grantee), his
heirs and assigns, and his and their respective lands and tenements,
goods and chattels, and particularly the lands, tenements and here-
ditaments so conveyed and assured to him the said (grantee), his heirs
and assigns, as aforesaid, of, from and against the aforesaid perpetual
annuity, yearly rent-charge, or sum of £
payable to the

said (
), his heirs and assigns, as aforesaid, and all arrears
thereof, and all actions, suits, costs, charges, damages and expenses
which may be commenced or prosecuted, paid, sustained or borne
against or by the said (grantee), his heirs or assigns, for or by reason
or means or on account of the same last mentioned annuity, yearly
rent-charge, or sum of £ AND subject to such indemnity, then
IN TRUST for the said (grantee), his heirs, executors, administrators
or assigns, AND that notwithstanding anything herein before contained
or implied to the contrary, it shall not be lawful to or for the said

(1) See ante, p. 578.