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be reinstated, the sum to be received on or for such insurance shall be paid to him or them.

LI. And it is hereby declared and agreed by and between Of apportionthe parties to these presents, and it is the true intent and &c. to be paid meaning of them, and of these presents, that the reserved by the respec

tive assignees. rents, customary fines of renewal, and incidental expenses which at any time or times, and from time to time, shall become due and payable, or shall be agreed to be paid, for or in respect of the said lands and hereditaments hereby assigned or otherwise assured, or intended so to be, shall be contributed, borne, and paid in the manner, and in the proportions, and by the persons and their respective executors, administrators, and assigns, hereinafter mentioned ; (that is to say), parts (the whole in

equal parts to be divided) of the said rents, customary dues, fines of renewal, and incidental expenses, by the said A. B., his executors, administrators, or assigns, for or in respect of those parts of the said lands and hereditaments which are to be held in trust for the said A. B., his executors, administrators, and assigns as aforesaid; and the remaining — parts of the same rents, customary dues, fines of renewal, and incidental expenses by the said C. D., his executors, administrators, or assigns, for or in respect of so much and such parts of the same lands and hereditaments as are mentioned or specified in the schedule thereof hereunder written or hereunto annexed.

a year,

>

LII. And the said A. B., and at his instance, and with Of apportionhis consent and approbation, the said C. D. and E. F., as ment of rent. far as they lawfully may or can, hereby consent and agree, and also direct and appoint that the sum of £ part of the said yearly rent or sum of £ (subject to a proportional part of the deductions to be made out of the said rent of £— a year), shall henceforth, during the continuance of the now residue and remainder of the term of the said G. H. [lessee] in part of the said lands and hereditaments hereby released and covenanted to be surrendered or otherwise assured, or intended so to be, be payable and paid to the said A. B., his heirs and assigns, as his and their

proportion of the said rent or sum of £-, for or in respect of so many and such parts of the lands and hereditaments, out of which the same rent is reserved, as are hereby released and covenanted to be surrendered or otherwise assured, or intended so to be (a).

Of apportion- LIII. Provided always, and it is hereby agreed and dement of sums to be raised out clared between and by the parties to these presents, that as of two estates between the estates comprised in the first schedule to these conveyed; power to pay and presents, and the estates comprised in the second schedule compound debts &c.; pro

to these presents, and the persons entitled thereto under the viso not to sub- limitations hereinbefore contained, and their respective heirs, ject premises with any lien

executors, administrators, and assigns, and all other persons in respect of whomsoever claiming under them or any of them, the herethe particular debts.

ditaments comprised in the said first schedule shall be charged with and liable to the raising the sum of £— only of the said sum of £- , so proposed to be raised as hereinbefore is mentioned; and that the hereditaments comprised in the said second schedule shall be charged with and liable to the raising of £6, the remaining part of the said sum of £

—; but that the said A. B. and C. D., and the survivor of them, and the heirs and assigns of such survivor, may nevertheless raise the whole of the said sum of £

66

(a) On conveyance to a tenant,

except, &c. [the lands]; and also the rent or sum of £— a year, parcel of the said rent of £— during the continuance of the lease of the said G. H. in the said messuage, &c. called A. [the excepted parcels], as and for that part or apportionment of the said rent of £—, which is to be paid for or in respect of the said messuage, &c. called A.”

And in the conveyance of the excepted parcels to another purchaser, say, “ All, &c. [the parcels]; and also the rent or sum of £— a year, parcel of the rent or sum of £—, now payable by the said G. H. for the whole of the said messuage, &c. as and for the apportionment of the said rent to be paid for or in respect of the said messuage, &c. called A., during the continuance of the estate of the said G. H. therein.”

] OF PROVISOES AND DECLARATIONS. and the interest thereof, by mortgage or sale of all or any part of both or either of the said hereditaments; but if the said A. B. and C. D., or the survivor of them, or the heirs or assigns of such survivor, shall raise from either of the said estates, or any part of the other of the said estates, a greater or larger sum than that proportion of the said sum of £with or to which that estate is hereinbefore directed to be charged or made liable to, then and in that case the same shall be reprized or made good out of the other of the said estates; and the said A. B. and C. D., and the survivor of them, and the heirs and assigns of such survivor, shall convey

and assure the said other of the said estates to such uses or upon such trusts, or in such other manner as will effectually make the same a security for the money to be reprized and made good out of the same as hereinbefore is mentioned. Provided always, and it is hereby expressly agreed and declared between and by the parties to these presents, that no person purchasing or advancing money on the security of the said estates, or either of them, or any part thereof respectively, shall be in any wise impeached by the agreement or declaration hereinbefore expressed or contained for apportioning the money charged upon or to be raised ont of or from the said estates. And it is hereby agreed and declared between and by the parties to these presents, that it shall and may be lawful to and for the said A. B. and C. D., and the survivor of them, and the heirs and assigns of such survivor, to pay the debts, the payment of which is intended to be hereby provided for, in such order and course of payment as they or he shall think proper; and if any of the said debts shall appear to him or them unjustly or improperly claimed from the said E. F. and G. H., to delay or refuse, or utterly to reject the same, and to adjust, settle, compromise, and compound any of the said debts for such sum or sums of money, and in such manner as to them or him shall seem proper. Provided always, and it is hereby expressly agreed and declared between and by the parties to these presents, that nothing in these presents contained shall in anywise make, subject, charge, or incumber the same hereditaments and premises hereby respectively granted, released, and confirmed to or with any debt or debts, the payment of which is intended to be hereby provided for, or to give the persons to whom the same are or shall be due, any action or suit, or cause of action or suit, or any lien, charge, claim, or demand whatsoever, at law or in equity, on account of any such debt upon the said hereditaments and premises, or the money to arise from the sale or mortgage thereof; and that if any such action, claim, or demand shall be made, this present indenture shall and may be pleaded, and shall and may be adjudged, deemed, and taken to be an absolute bar there

to.

That a given proportion of a possible and contingent charge shall be contributed by the purchaser of part of the lands liable to the charge.

LIV. And it is hereby declared and agreed by and between the parties to these presents, that in case there shall be any daughter or daughters of the marriage of the said A. B. and C. D., and any sum or sums of money shall, under and by virtue of the power hereinbefore recited or referred to, be raised for the portion or portions of the same daughter or daughters, then and in these cases the said E. F., his heirs or assigns, shall, for or in respect of the messuages &c. hereby released or otherwise assured, or intended so to be, contribute, bear, and pay a proportion, and only a proportion, of the sum or sums of money which shall be raised for portions under and by virtue of the said recited power; and that one

-th part of the sum or sums of money to be raised as aforesaid, and no more, shall be and be considered as the proportion of the said E. F., his heirs or assigns, notwithstanding a greater or smaller proportion thereof shall, by the person or persons exercising the said power, be charged on the messuages &c. hereby released or otherwise assured, or intended so to be; and that the said A. B., his heirs or heirs male of his body, or assigns, shall bear and pay the residue of the said sum or sums of money for or in respect of the residue of the lands comprised in and settled by the said hereinbefore in part recited indentures of lease and release, any appointment, agreement, law, or usage to the contrary notwithstanding

shall be subject to the entire rent.

That residue LV. And lastly, it is hereby declared and agreed by and of lands in lease between the said parties to these presents, as far as they re

spectively are interested, and the said A. B. doth by these

presents, for himself, his heirs, executors, administrators, and assigns, grant, covenant, and declare to and with the said C. D. and E. F., their heirs and assigns, according to their respective estates and interests in the premises, that the residue of the said messuage and premises comprised in the said indenture of lease and thereby demised, exclusive of the piece or parcel of land and hereditaments hereby bargained and sold or otherwise assured, or intended so to be, shall be and be deemed chargeable with the full amount of the rent reserved by the same lease, without any apportionment or diminution of the same rent for or by reason of the assignment hereinbefore contained; and that the same messuages and hereditaments, with the exception, and exclusively, of the piece or parcel of land and hereditaments hereby bargained and sold, or intended so to be, shall be liable and charged with a distress or distresses for the same rent in the same manner as if these presents had not been executed, or as if the piece or parcel of land and hereditaments hereby bargained and sold or otherwise assured, or intended so to be, had not been comprised in the said indenture of lease, any thing hereinbefore contained, or any law or usage to the contrary in anywise notwithstanding.

LVI. And the said A. B., by way of agreement and not That rentof release, doth hereby grant and agree to and with the said henceforth be

charge shall C. D., his heirs and assigns, and the said E. F. and G. H. payable out of do hereby severally consent, direct, and appoint that the lands charged said rent of £shall henceforth be answered and

therewith. paid out of the residue of the hereditaments charged with the same, exclusively and by way of exoneration of the close of land and hereditaments hereby released or otherwise assured, or intended so to be (a).

a year

LVII. Provided always, and it is hereby agreed and de- Proviso for declared by and between the said parties to these presents, lease, at the

termining the that if the said A. B., his executors, administrators, or as- option of the

lessee, at the signs, should be desirous to quit or give up the said hereby end of seven

or fourteen

years.

(a) Vide Mr. Butler's opinion, before quoted, pp. 47–49.

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