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Enacted, that rents

reserved on

the death of

making

such rents, annuities, and other payments, not being apportionable, and which evils required remedy; it is therefore enacted and declared, that rents reserved and made payable on any demise or leases deter- lease of lands, tenements, or hereditaments, which mining on have been or shall be made, and which leases or the person demises determined, or shall determine, on the them though death of the person making the same, (although not, strictly such person was not strictly tenant for life thereof,) nant for life) or on the death of the life or lives for which such death of the person was entitled to such hereditaments, shall, so tenant pur far as respects the rents reserved by such leases, and autre vie, to the recovery of a proportion thereof by the person granting the same, his or her executors or adminisprovisions trators, (as the case may be,) be considered as of the re- within the provisions of the said recited act.

speaking, te

or on the

be consi

dered as within the

cited act.

And further

other pay

ing due at

fixed pe

apportioned.

And by section 2, it is therby further enacted, enacted, that that from and after the passing of this act, all rents, all rents and service reserved on any lease by a tenant in fee, or ments, com- for any life interest, or by any lease granted under any power, (and which leases shall have been riods, to be granted after the passing of this act,) and all rents charge, and other rents, annuities, pensions, dividends, moduses, compositions, and all other payments of every description in the United Kingdom of Great Britain and Ireland, made payable, or becoming due at fixed periods, under any instrument that shall be executed after the passing of this act, or (being a will or testamentary instrument) that shall come into operation after the passing of this act, shall be apportioned so, and in such manner, that on the death of any person interested in any such rents, annuities, pensions, dividends, moduses, compositions, or other payments as aforesaid, or in the estate, fund, office, or benefice, from or in respect of which the same shall be issuing, or derived, or on the determination by any other means whatsoever, of the interest of any such person, he or she, and his or her executors, administrators, or assigns, shall be entitled to a proportion of such rents,

ances and

for obtain

parts.

annuities, pensions, dividends, moduses, compositions, and other payments, according to the time which should have elapsed from the commencement or last period of payment thereof respectively, (as the case may be,) including the day of the death of such person, or of the determination of his or her interest; all just allowances Subject to and deductions in respect of charges on such rents, just allow annuities, pensions, dividends, moduses, com- deductions. positions, and other payments being made; and, Remedies that every such person, his or her executors, ing the ap administrators, and assigns, shall have such and portioned the same remedies at law and in equity, for recovering such apportioned parts of the said rents, annuities, pensions, dividends, moduses, compositions, and other payments, when the entire portion of which such apportioned parts, shall form part, shall become due, and payable, and not before, as he, she, or they, would have had for recovering and obtaining such entire rents, annuities, pensions, dividends, moduses, compositions, and other payments, if entitled thereto, but so that persons liable to pay rents reserved by any lease, or demise, and the lands, tenements, and hereditaments comprised therein, shall not be resorted to for such apportioned parts, specifically as aforesaid, but the entire rents of which such portions shall form a part, shall be received and recovered by the person or persons, who, if this act had not passed, would have been entitled to such entire rents, and such portions shall be recoverable from such person or persons, by the parties entitled to the same under this act, in any action or suit at law, or in equity.

to apply.

And it is by section 3, provided and further Cases where enacted, that the provisions herein contained, shall the act is not not apply to any case in which it shall be expressly stipulated, that no apportionment shall take place, or to annual sums made payable in policies of assurance of any description.

Parties.

lease.

(1.)

Deed of Apportionment of Rents of leasehold
Property between two Purchasers.

THIS indenture made the

day of, &c., BETWEEN A. B. of, &c., of the one part, and C. D. of, Recital of &c., of the other part, WHEREAS by indenture of lease, bearing date the day of, &c., and made between (lessor), therein described, of the one part, and (lessee), also therein described of the other part, in consideration, as well as the costs and charges which the said (lessee) had been at in building the messuages or tenements, thereinafter mentioned, as of the rents and covenants thereafter reserved and contained, on the part and behalf of the said (lessee), his executors, administrators, and assigns, to be paid, done, and performed; the said (lessor), did demise unto the said (lessee), his executors, administrators, and assigns, ALL that piece or parcel of ground, with the appurtenances, situate, &c., to hold the same from &c., then last during the term of years, and three quarters of a year wanting ten days, and paying yearly the rent of £, by quarterly payments, on the day, &c., and subject to the several covenants contained on the part of the said (lessee), his executors, administrators, and assigns, Recital of to be kept, done, and performed; and whereas lessee put the said (lessee), did on or about the day of, to auction. &c., cause the said messuages or tenements comprised in the said recited indenture of lease, to be

ting up lease

day of,

put up to sale in two distinct lots, pursuant to printed particulars and conditions published prePurchases viously to such sale; at which sale the said A. B. by A. B. and and C. D. being the highest bidders were declared

C. D.

the purchasers of the messuages or tenements and premises comprised in the said in part recited indenture of lease; (that is to say,) the said A. B. was the purchaser of one of the said messuages with the appurtenances, being No. 1, &c., at or for the price or sum of £- and the said C. D. was

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his part.

and to the

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the purchaser of the other of the said messuages at or for the price or sum of £- -; AND WHEREAS by indenture bearing date the, &c., and made previously to the execution of these presents, between the said (lessee) of the one part, and the said A. B. of the second part, and the said C. D. of the third part, he the said (lessee) hath granted, &c., unto Recital of the said A. B. all that, &c., (parcels,) with the to A. 3. of appurtenance to hold the same unto the said A. B., his executors, administrators, and assigns, from the day of, &c., during the then residue of the said term of years, granted by the said in part recited indenture of lease, subject nevertheless to the payment of £, being one moiety or half at a moiety part reserved and made payable subject also to the of the rent, performance of the covenants, conditions, and performance agreements, in the same indenture of lease, con- nants. tained so far only as the same relate to or concern the messuages, tenements, and premises, thereby assigned; AND WHEREAS (recite the assignment of Recital of the other moiety to C. D.) and by the conditions of tions of sale the said sale it was stipulated that each of them, the as to the purchasers of the said messuages or tenements and of rent in premises, should pay the yearly rent or sum of moieties. fin respect of the premises by him purchased, being one moiety of the yearly rent or sum of £reserved by the said in part recited indenture of lease; AND WHEREAS for the more effectually appor- Recital of tioning of the said yearly rent or sum of £- indemnity between them, the said A. B. and C. D., and their intended to respective executors, administrators, and assigns, into. and for indemnifying each of them, and his executors, administrators, and assigns, and the premises by him purchased, from the rents, covenants, and agreements, reserved and contained in the said in part recited indenture of lease which ought to be paid, kept, done, and performed, in respect of the premises purchased by the other of them, it hath been mutually agreed between them, the said A. B. and C. D., that they should enter into the covenants and agreements hereinafter contained. Now

payment

the intended

be entered

one moiety

Witnessing THIS INDENTURE WITNESSETH, That in pursuance of part. the said agreement, and in consideration of the covenants and agreements hereinafter contained on Covenant by the part of the said C. D., he, the said A. B. for A. B. to pay himself, his heirs, executors, administrators, and of rent. assigns, doth hereby covenant, promise, and agree to and with the said C. D., his executors, administrators, and assigns, in manner following, (that is to say,) that he the said A. B., his executors, administrators, and assigns, shall and will from time to time, and at all times hereafter during the residue now to come and unexpired of the said term of years, and three quarters of a year, wanting ten days, by the said indenture of, &c., granted as aforesaid, well and truly pay, or cause, &c., unto the said (lessor), his executors, administrators, and assigns, or such other person or persons as shall from time to time be entitled to receive the said ground rent or yearly sum or rent of £being one moiety or half part of the said sum of £, when and as the same shall become due and payable, according to the true intent and meaning of these presents and the said in part recited indenAnd to per- ture of lease, and shall and will during the conform cove- tinuance of the said term perform, fulfil, and keep, all and singular the covenants, stipulations, and agreements, reserved and contained in the said in part recited indenture of lease on the part of the said (lessee), his executors, administrators, and assigns, to be kept, done, and performed, so far as such covenants, stipulations, and agreements, relate to, or concern, or ought to be kept, done, and performed, in respect or on account of the said messuage or tenement and premises so purchased by the said A. B. as aforesaid, and of, from, and against, all and every neglect, breach, or default, which shall or may at any time or times hereafter happen in the performance thereof respectively, And to in- shall and will save, defend, and keep harmless, and indemnify the said C. D., his executors, administrators, and assigns, and his and their lands,

nants on his

part.

demnify C. D.

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