Against Encumbrances. For Further Assurance. any let, suit, trouble, molestation, eviction or disturbance of the said party [or, parties] of the first part, his [or, their] heirs or assigns, or of any other person or persons lawfully claiming or to claim the same. 623. The Same; a Short Form. And that the said Y. Z., his heirs and assigns, may forever hereafter have, hold, possess and enjoy the same, without any suit, molestation or interruption, by any person whatever, lawfully claiming any right therein. 624. Covenant Against Encumbrances.(b) [Add, at the end of the covenant for quiet possession, these words:] and that free, clear, and freely and clearly acquitted, exonerated and discharged of and from all, and all manner of former and other bargains, sales, gifts, grants, feoffments, devises, dowers, rights and titles of dower, uses, issues, fines, annuities, debts, duties, judgments, executions, recognizances and all other estates, rights, titles, troubles, charges and encumbrances whatsoever, had, made, committed, done or suffered, or to be had, made, committed, done, or suffered, in any wise whatsoever, by him the said A. B., or by any other person or persons whatsoever, having or lawfully claiming any estate, right, title or interest, of, in or to the same, or any part or parcel thereof [if conveyed subject to encumbrance, say: except as aforesaid]. 625. The Same; a Short Form. And that the said premises are, at the time of the execution hereof, free from all encumbrances. 626. Covenant for Further Assurance. And the said A. B., for himself and his heirs, executors and administrators, does covenant, promise and agree, to and with the said party of the second part, his heirs and assigns, that the said party [or, parties] of the first part [or, the said A. B.] and his [or, their] heirs, and all and every person or persons whomsoever, lawfully or equitably deriving any estate, right, title or interest, of, in or to the above-granted premises, by, from, under, or in trust for him or them, shall and will, at all time or times, hereafter, upon the reasonable request, and at the proper costs and charges in the law of the said party of the second part, his heirs and assigns, make, do and execute, or cause to be made, done and executed, all and every such further and other lawful and reasonable acts, conveyances and assurances in the law, for the better and more effectually vesting and confirming the premises hereby granted, or so intended to be, in and to the said party of the second part, his heirs and assigns, forever, as by the said party of the second part, his heirs or assigns, or his or their counsel, learned in the law, shall be reasonably advised or required. (b) For another form, see the clause between **, in Form 680. Covenants for Title. 627. The Same; a Short Form. And that I, the said A. B., and all persons hereafter claiming under me, will at any time hereafter, at the request and expense of the said Y. Z., his heirs or assigns, make all such further assurances for the more effectual conveying of the said premises, with the appurtenances, as may be reasonably required by him or them. 628. Covenant Against Grantor's Acts. And the said party of the first part, for himself and his heirs, executors and administrators, doth covenant; promise and agree, to and with the said party of the second part, his heirs, executors, administrators and assigns, that he has not made, done, committed, executed or suffered any act, matter or thing whatsoever, whereby or by means whereof the above-granted premises, or any part thereof, now are, or at any time hereafter shall or may be impeached, charged or encumbered, in any manner or way what soever. 629. The Same; a Short Form. And that the said grantor has not done or suffered any thing whereby the title of the said premises to the said grantee can be frustrated or annulled. 630. Several Covenant by Grantors Against Their Own Acts Respectively. And the said A. B. and C. D., for themselves, their heirs, executors and administrators, do severally, and not jointly, nor the one for the other, or for the act or deed of the other, but each for his own acts only, covenant, promise and agree, to and with the said Y. Z., his heirs and assigns, that they, the said A. B. and C. D., have not done, committed, executed or suffered any act, matter or thing whatsoever, whereby the above-granted premises, or any part thereof, is, are or shall or may be impeached, charged or encumbered, in any manner whatsoever. 631. Short Form of Covenants of Seizin and Warranty.(c) And the said grantor does hereby covenant with the said grantee that he is the lawful owner of the said premises in fee-simple; and that he will warrant and defend the title against all future claims. 632. Covenant Against Nuisances.(d) And the said party of the second part, for himself, his heirs and assigns, does hereby covenant to and with the said A. B., his heirs, executors and Respecting Easements, etc. administrators, that neither the said party of the second part, nor his heirs or assigns, shall or will at any time hereafter, erect any buildings within forty feet of the front of said lot, except of brick or stone, with roofs of slate or metal, and will not erect or permit upon any part of the said lot any slaughter-house, smith-shop, forge, furnace, steam-engine, brass-foundry, nail or other iron factory, or any manufactory of gunpowder, glue, varnish, vitriol, ink or turpentine, or for the tanning, dressing or preparing skins, hides or leather, or any brewery, distillery, or any other noxious or dangerous trade or business. 633. Covenant Not to Build So as To Obstruct Light and Air. And the said Y. Z., for himself, his heirs and assigns [or, if leasehold property, his executors, administrators and assigns being the holders or holder, owners or owner of the indenture or lease above mentioned and herein assigned, or of any renewal of the term of years herein granted], doth hereby covenant, grant, promise and agree to and with the said A. B. Company, their successors and assigns, that a strip of land feet in width, along the side of the lot of land above described [and demised by said lease], and forming part of said lot, shall not, nor shall any part of said feet in width be built upon by any building whatever, which may obstruct the light or air of the buildings of the said A. B. Company, their successors or assigns, now or hereafter to be erected on their land which adjoins said feet on the said side thereof. 634. Covenant to Maintain Fences. And the said A. B., for himself, his heirs, executors and administrators covenants to and with the said parties of the second part, their executors, administrators and assigns [or, if a corporation, say, their successors and assigns], that he will erect upon the easterly and westerly lines of said strip good, lawful and sufficient fences to inclose the same, and, at his and their own cost and charge, maintain and keep the same in good repair [for the term of years]. 635. Stipulation Against Implied Covenants. And it is hereby further agreed by and between the parties to these presents, and the true intent and meaning hereof is, that neither these presents nor any thing herein shall be construed or taken to be a covenant or covenants of warranty, or of seizin of the said parties of the first part, or their successors, or to operate further than to pass the estate, right, title and interest they may have, or may lawfully claim in the premises hereby conveyed. Covenant to Stand Seized. Debtor and Creditor. and State of merchant, of the first part, and Y. Z., of in the said county, counsellor at law, of the second part: Witnesseth that, for and in consideration of the natural love and affection which he beareth unto those to whom the estates are hereinafter limited, and for the advancement of B. B. his son, and others of his blood hereinafter mentioned, he, the said A. B., does hereby for himself and his heirs, covenant, grant and agree to and with the said Y. Z. and his heirs, that the said A. B. and his heirs shall and will, from henceforth, stand and continue seized of and in all [here insert description of the premises], together with all and singular the tenements, hereditaments and appurtenances thereunto belonging, to and for the uses, intents and purposes hereinafter limited-that is to say, for the use and behoof of the said A. B. for and during the term of his natural life, without impeachment of or for any manner of waste; and after his decease, then to and for the use and behoof of B. B. and his heirs and assigns forever. IN TESTIMONY WHEREOF, the said party of the first part has hereunto set his hand and seal, the day and year first above written. Signed, sealed and delivered in presence of [Signatures of witnesses.] · [Signature and seal.] [Add Acknowledgment or Proof, as in case of an ordinary Deed.] CHAPTER XXVII. DEBTOR AND CREDITOR. A LETTER OF LICENSE is a written promise by creditors that they will give their debtor time for payment, and will not molest him meanwhile. A composition is an agreement to accept less than the sums due them respectively. It usually includes the substance of a letter of license. Creditors who unite in such agreements are regarded as engaging not only with the debtor but with each other.(a) But any one who has signed may openly withdraw his assent, with the consent of the debtor, without the concurrence of the other creditors, before the accord has been fully executed.(b) Any secret arrangement by one of them with the debtor to secure an advantage over the others, renders the contract a fraud upon the others and avoids it. Creditors first signing such an instrument, usually do so upon the expectation that others will also sign. If this is intended to be a condition, it should be expressly declared to be such at the time of executing and delivering the paper; and the most convenient way is to insert a clause to that effect, as in Form 640, or any one may prefix such a condition to his signature, as in Form 397. General terms in a letter of license or composition deed, extending to all the demands of the signers, are not to be deemed restrained by sums set opposite their names, so as to operate only on the debts so specified. Hence, if it is intended to apply only to the debt specified, this intent should be expressed.(c) (a) Leicester v. Rose, 4 East., 872; Breck v. Cole, 4 Sandf., 79. (b) Fellows. Stevens, 24 Wend., 294. (c) Britten v. Hughes, 5 Bing., 460; Russell v. Rogers, 10 Wend., 474. Letter of License. PAGE 687. Letter of license, common form.... 803 638. The same; with a condition that the debtor pay by instalments... 639. Composition with creditors.... 804 804 640. Letter of license or composition deed, to be void unless all the specified creditors sign................ 444 641. Composition deed allowing debtor to carry on business under inspection of a committee of the creditors..... 444 642. Minute of creditors' meeting agreeing on a composition... 637. Letter of License, Common Form. 444 To all to whom these presents shall come, we, who have hereunto subscribed our names and affixed our seals, creditors of Y. Z., of send greeting: WHEREAS the said Y. Z., on this * day of , is indebted unto us, the several creditors hereunder named, in divers sums of money, which at present he is not able to pay and satisfy, without time to be given him for payment thereof: KNOW YE, THEREFORE, that we, the said several creditors, and every one of us, at the request of the said Y. Z., have given, and, by these presents, do give and grant unto the said Y. Z. full and free liberty, license and authority to attend, follow and negotiate any affairs, business, matters or things whatsoever, at any places whatsoever, without any impediment to be offered or done unto the said Y. Z. or his property, by us or any of us, or by the executors, administrators, partners or assigns of us or any of us, or by our or any of our means, or procurement to be sought, attempted, or procured to be done, for and during months next ensuing the date hereof. And further, we, the said creditors hereunder subscribed, and each of us, do covenant and agree for ourselves, our executors, administrators, partners and assigns respectively, and not jointly, or one for another, or for the executors, administrators, partners or assigns of each other, to and with the said Y. Z., that we, or any of us, our executors, administrators, partners or assigns or any of them, shall not, during the time aforesaid, sue, arrest, attach, or prosecute the said Y. Z., for, or on account of our respective debts, or any part thereof; and that if any hurt, damage, or hindrance be done unto the said Y. Z., either in body or property, within the aforesaid term of months next ensuing the date hereof, by us or any of us, the said creditors, or by any person or persons, by or through the procurement or consent of us, or any of us, contrary to the true intent and meaning of these presents, then the said Y. Z., his heirs, executors and administrators, by virtue hereof, shall be discharged and acquitted forever, against such of us, the said creditors, his and their executors, administrators, partners or assigns, by whose will, means, or procurement he shall be arrested, attached, prosecuted, grieved or damaged, of all actions, suits, damages, debts, charges, claims and demands whatsoever, from the beginning of the world to the day of the date hereof.† IN WITNESS WHEREOF, we have hereunto set our hands and seals, the day first above written. In presence of [Signature of witness.] A. B. [Seal.] |