choses en action.

ment).

LVIII. Covenant, promise, and agree with and to the For title to said C. D., his executors, administrators, and assigns, that the several principal and other sums of money, interest, and (In assignproperty hereby assigned, or intended so to be, and every of them, and every part thereof, are now due and owing to the owing. said A. B., and are free from all incumbrances made, done,

That money

sign.

is

or committed by him the said A. B.; And also, that he the Power to assaid A. B. now hath in himself full power, and lawful and absolute authority, to bargain, sell, assign, transfer, and set over the same principal and other sums of money, interest, and property respectively hereby assigned, or intended so to be, and every part and parcel of the same, unto the said C. D., his executors, administrators, and assigns, upon the trusts and in manner aforesaid, according to the true intent and meaning of these presents; And that it shall or Peaceable enmay be lawful to and for the said C. D., his executors, ad- joyment. ministrators, and assigns, to have, hold, receive, take, and enjoy the said principal and other monies, interest, and property hereby assigned, or intended so to be, and every part and parcel of the same, without any let, suit, interruption, or denial of him the said A. B., his executors or administrators, or any person or persons rightfully claiming by, from, under, or in trust for him or them; And further, that he the said Not to release. A. B., his heirs, executors, or administrators, shall not nor will, at any time or times hereafter, without the consent in writing of the said C. D., his executors or administrators, or

contain in them, or imply any further or other covenants or warranty on the part of the person or persons who shall be requested to make and execute the same, than for himself, herself, and themselves respectively, and the acts, deeds, and defaults of himself, herself, and themselves respectively, and his, her, and their respective executors and administrators, and so as the person or persons who shall be requested to do such acts or make such further assurance shall not be compelled or compellable, for the purpose of making or doing the same, to go or travel from his, her, or their then dwelling or place of abode, or respective dwellings or places of abode."

For title in grant of annuity.

To pay annuity.

Hath good

right to grant and charge.

the order, judgment, or decree of some court of law or equity, for that purpose first had and obtained, receive, release, acquit, or discharge all or any part of the principal and other monies, interest, and property hereby assigned, or intended so to be, nor without such consent, order, judgment, or decree, revoke or countermand all or any of the powers and authorities hereinbefore contained and given to the said C. D., his executors, administrators, or assigns (a).

LIX. Covenant, promise, and agree with and to the said A. B., his executors, administrators, and assigns, by these presents, in manner following; (that is to say), that he the said C. D., his heirs, executors, or administrators, shall and will well and truly pay or cause to be paid unto the said A. B., his executors, administrators, or assigns, during the said term of years, determinable as aforesaid, the said annuity, yearly rent, or sum of £, and also such proportionate part thereof as aforesaid, as and when the same respectively shall become due and payable, without any deduction whatsoever, (except as hereinbefore is mentioned), and according to the true intent and meaning of these presents; And also that he the said C. D. hath in himself good right, full power, and lawful and absolute authority to grant and confirm the said annuity, yearly rent, or sum of £—, and the aforesaid powers and remedies for recovering and compelling payment thereof, and to charge the same upon all and singular the messuage, lands, and other hereditaments hereinbefore mentioned, in manner aforesaid, and according to the true intent and meaning of these presents; and that all and singular the said messuage, lands, and hereditaments shall, during the said term of years, determinable as aforesaid, remain, continue, and be charged with and subject to the said annuity, yearly rent, or sum of £—, and subject and liable to the distress and distresses, entry and entries of the said A. B., his executors, administrators, and assigns, for the recovery of the same, and for all costs, and charges, and expenses to be occasioned by the nonpay

(a) Add a covenant for further assurance, as in last Form.

cumbrances.

assurances.

ment thereof; and that free and clear, and freely and clear- Free from inly and absolutely acquitted, exonerated, and discharged, or otherwise by the said C. D., his heirs, executors, or administrators, well and sufficiently saved, defended, kept harmless and indemnified of, from, and against all charges and incumbrances whatsoever; and further, that he the said C. D., For further and all and every the persons and person whomsoever having or claiming, or who shall or may at any time or times hereafter have or claim any estate, right, title, or interest, at law or in equity, of, in, to, or out of the said messuage, lands, and other hereditaments hereinbefore charged, shall and will, at any time or times hereafter, upon every reasonable request of the said A. B., his executors, administrators, or assigns, but at the proper costs and charges of the said A. B., make, do, and execute, or cause and procure to be made, done, and executed, all and every such further and other lawful and reasonable acts, deeds, matters, things, and assurances whatsoever, for the further, better, and more effectually charging the said messuage, lands, and other hereditaments with the said annuity, yearly rent, or sum of £and of the aforesaid powers and remedies for recovering and enforcing payment thereof, as by the said A. B., his executors, administrators, and assigns, or his or their counsel in the law, shall be reasonably advised, or devised and required.

(In demises for

securing an

nuity).

LX. Covenant, promise, and agree with and to the said For title. A. B., his executors, administrators, and assigns, by these presents, in manner following; (that is to say), that he the said C. D. hath in himself good right, full power, and lawful and absolute authority to grant, bargain, sell, and demise the said messuage, lands, and other hereditaments unto the said A. B., his executor, administrators, and assigns, for and during the said term of years, determinable as aforesaid, in manner aforesaid, and according to the true intent and meaning of these presents; and that all and singular the said messuage, lands, and other hereditaments shall and may be held, possessed, occupied, and enjoyed by the said A. B., his executors, administrators, and assigns, for the said term of years, determinable as aforesaid, upon the

For title to freeholds in release in fee.

trusts and in manner hereinbefore mentioned, and according to the true intent and meaning of these presents; and that free and clear, and freely and clearly and absolutely exonerated, and for ever discharged, or otherwise by the said C. D., his heirs, executors, or administrators, well and sufficiently saved, defended, kept harmless, and indemnified of, from, and against all charges and incumbrances whatsoever; and further, that he the said C. D., and all and every the persons and person whomsoever, having or claiming, or who shall or may at any time or times hereafter have or claim, any estate, right, title, or interest, at law or in equity, of, in, to, or out of the said messuage, lands, and other hereditaments hereinbefore charged and bargained, sold, and demised as aforesaid, shall and will at any time or times hereafter, upon every reasonable request of the said A. B., his executors, administrators, or assigns, but at the proper costs and charges of the said C. D., make, do, and execute, or cause and procure to be made, done, and executed, all and every such further and other lawful and reasonable acts, deeds, things, and assurances whatsoever, for the further and better, and more effectually bargaining, selling, demising, assuring, and confirming the said messuage, lands, and other hereditaments unto the said A. B., his executors, administrators, and assigns, for the residue which shall be then to come and unexpired of the said term of

years, deter

minable as aforesaid, upon the trusts and in manner hereinbefore mentioned, and according to the true intent and meaning of these presents, as by the said A. B., his executors, administrators, or assigns, or the said E. F., his executors, administrators, or assigns, or his or their counsel in the law, shall be reasonably advised, or devised and required.

LXI. Covenant, promise, and agree with and to the said A. B., his heirs and assigns, by these presents in manner (In mortgages). following; (that is to say), that (a) he the said C. D. is at the

(a) The student will observe, that covenants for title in mortgages are not restricted to the acts of certain persons, as in purchases, but are general and unlimited.

time of the sealing and delivery of these presents lawfully, That mortgagor rightfully, and absolutely seised of and in, or well and suffi- is seised in fee. ciently entitled to the said messuage, lands, and other hereditaments hereinbefore granted and released, or expressed and intended so to be, with their appurtenances, of a good, sure, lawful, perfect, absolute, and indefeasible estate of inheritance in fee-simple, without any condition, use, trust, power of revocation, equity of redemption, remainder, or limitation of any use or uses, or other restraint, cause, matter, or thing whatsoever, to alter, change, charge, defeat, incumber, revoke, or make void the same (except, &c.). And Hath right to that he the said C. D. now hath in himself good right, full convey. power, and lawful and absolute authority to grant, bargain, sell, release, and confirm the said messuage, lands, and other hereditaments hereinbefore granted and released, or expressed and intended so to be, with their appurtenances, unto the use of the said A. B., his heirs and assigns, in manner aforesaid, and according to the true intent and meaning of these presents; and also that if default shall be made in payment of the said sum of £ or any part thereof, contrary to the aforesaid proviso or agreement, and the covenant hereinbefore contained for payment thereof, and the true intent and meaning of these presents; then and in such case it shall be lawful for the said A. B., his heirs or assigns, at any time or times thereafter, and from time to time, peaceably and quietly to enter into and upon, and to have, hold, occupy, possess, and enjoy the said messuage, lands, and other hereditaments herein before granted and released, or expressed and intended so to be, or any of them, or any part thereof, with their appurtenances, and to receive and take the rents, issues, and profits thereof, to and for his and their proper use and benefit, without the lawful let, suit, trouble, interruption, claim, or demand whatsoever of or by him the said C. D., his heirs or assigns, or any other person or persons lawfully or equitably claiming or to claim any estate, right, title, interest, or inheritance into or out of the said messuage, lands, and other hereditaments hereinbefore granted and released, or expressed and intended so to be, or any of them or any part thereof; and that free and clear, and

For quiet enjoyment by default of pay

mortgagee on

inent.