policy of in

surance.

Recital of a AND WHEREAS, by a certain deed poll in writing dated, &c., purporting to be a policy of insurance, under the hands and seals of three of the directors of the company of the Insurance Office, the said A. B. hath insured the said premises against damage by fire in the sum of, &c.; and it hath been agreed that the said policy shall be assigned to the Assignment said C. D. in manner hereinafter mentioned. Now of policy of insurance. THIS INDENTURE FURTHER WITNESSETH, that in pursuance of the said last mentioned agreement, and in consideration of the premises, he, the said A. B., doth, by these presents, grant, bargain, sell, and assign, all that deed poll, or policy of insurance, dated, &c., and numbered, &c., and under the hands and seals of three of the directors of the said insurance office, and all the right and interest of Habendum. him, the said A. B., in and to the same; TO HAVE, hold, receive, and take, the said policy of assurance, and all and every the sum and sums of money which shall or may become due and payable thereupon, or by virtue thereof, and all other benefit and advantage whatsoever, which shall or may accrue from or in respect of the same, unto and by the said C. D., his executors, administrators, and assigns, to and for his and their own proper use and benefit, free and clear of and from all and all manner of charges, liens, and incumbrances, whatsoever; AND the said A. B. doth hereby nominate, constitute, and appoint, the said C. D., his executors, administrators, and assigns, his true and lawful attorney and attorneys, to demand, recover, and receive, all such sum and sums of money as aforesaid, in as full and ample a manner as he, the said A. B., could or might have done if these presents had not been made. (a) In witness, &c.

Power of attorney.

(a) A covenant may be added, that he, the assignor, hath done no act, matter, or thing, whereby the said policy of insurance are, is, can, shall, or may be, charged or encumbered in any manner howsoever; and that he, the said (assignor), whilst the said sum remains insured as aforesaid, will at any time hereafter do any further act for the better assigning the policy of insurance, money, and premises.

MISCELLANEOUS FORMS.

(1.)

Assignment of a Lease for twenty-one Years sold by Auction.(b)

tion.

THIS indenture made, &c., BETWEEN A. B., of, Parties. &c., of the one part, and C. D., of, &c., of the other part; WHEREAS, by an indenture of lease bearing Recital of date, &c., and made between, &c., all those, &c., the lease. (describe the parcels as in the original lease, omitting the general words,) with their appurtenances, were demised to the said A. B. for the term of twenty-one years, at and under the yearly rent of, &c., and subject to the covenants, &c., therein contained, &c.; (c) AND WHEREAS, all the estate, right, sale by aucand interest, of the said A. B., in the said messuage, hereditaments, and premises, in, by, and under, the said recited indenture of lease, were put up to sale by public auction, at, &c., on the day of, &c., now last past, when the said C. D. was declared to be the highest bidder or purchaser thereof, being the lot No.- in the printed particulars of sale thereof, at the sum of £, and thereupon paid into the hands of the auctioneer at such sale the sum of £, by way of deposit, and in part of the said purchase money, conformable to the conditions of sale contained in the said printed particulars there exhibited. (d) Now THIS INDENTURE Witness.

(b) See conditions of sale.-Post.

(c) If it be a term determinable on lives, state the words of the lease, such as, "determinable on the lives of E. F., G. H., and J. K., hereinafter named, who are now all living;" and if there are other mesne assignments, &c., say, "And whereas, by divers mesne assignments, and other operations, good and available in law, and eventually under and by virtue of an indenture dated the, &c., and expressed to be made between, &c., the said messuage and hereditaments, comprised in the said recited indenture of lease, were assigned and conveyed to the said A. B., for all the rest and residue of the said term of, &c., (determinable as aforesaid,) then to come and unexpired, subject," &c.

(d) If the sale be not by auction, the contract may be recited Р

Deposit paid

tion.

Parcels.

WITNESSETH, that in pursuance of the said contract Considera by public auction, and in consideration of the said sum of £, paid by way of deposit, and in part of the said purchase money, or sum of £, and also in consideration of the sum of £ in hand, paid to the said A. B., by the said C. D., at or before the sealing and delivery of these presents, the receipt whereof the said A. B. doth hereby acknowledge; (which said two sums, £ and £, amount in the whole to the said purchase money or sum of £;) and from which and every part thereof, he, the said A. B., doth acquit, release, and discharge, the said A. B., his executors and administrators, by these presents; he, the said A. B., doth hereby grant, bargain, sell, assign, and set over, unto the said C. D., his executors, administrators, and assigns, ALL the said messuage, lands, hereditaments, and premises, comprised in said indenture of lease, with their appurtenances, and all the estate, &c., and the said indenture of lease of the said day of, &c., and all other deeds, evidences, and writings, in the custody or possession of the said A. B., or which he can obHabendum. tain without suit at law or in equity; TO HAVE AND TO HOLD the said, &c., hereditaments and premises hereinbefore described and expressed to be hereby assigned, with all and singular their appurtenances, for and during all the rest and residue, now to come and unexpired, of the said term of twenty-one years, so created by the said indenture of lease as aforesaid, nevertheless under and subject to the rent, &c., and to the covenants, &c., contained in Covenants the said indenture of lease, &c. (e) (Add covenants, (that notwithstanding, &c.) the lease is valid, and

for title.

shortly, thus: "And whereas, the said A. B. hath contracted to sell the same premises for the residue of the said term, and all his right and interest therein, to the said C. D., in consideration of the sum of £

(e) Or thus, if determinable on lives: "To have and to hold, &c., for the remainder of the said term of years, granted by the said recited indenture of, &c., yet to come and unexpired, if the said E. F., G. H., and J. K., or the survivor of them, shall so long live, subject, nevertheless, to the payment of the rent, and observance of the covenants and agreements in the same indenture contained, and on the lessee's part to be paid, observed, and performed."

been paid.

(that notwithstanding, &c., as aforesaid) that the said A. B. has good right to assign; and for peaceable possession; free from incumbrances: and for further assurance; and further, "that Rents have the rent in and by the said recited indenture of lease reserved, and the covenants, conditions, and agreements, therein contained, and on the lessee's part to be paid, kept, observed, and performed, and all taxes, rates, and assessments, due and payable by the occupier of the said premises, are and have been well and truly paid, kept, done, performed, and fulfilled, up to the day of

pay rent,and

last:"(f) and add the usual covenant by Covenant by the assignee to pay the rents, and perform the ta covenants, and to indemnify the lessee there- to indem from.)(g) In witness, &c.

(2.)

Assignment of Leaseholds for Lives (h) from

Landlord to a Tenant in Possession.

THIS indenture made the

TWEEN A. B., of, &c., of the one

nify vendor.

day of, &c., BE- Parties. part, and C. D.,

(f) Where part of the premises are only assigned, and the assignor re- Covenant tains the original lease, the following concise form of covenant, for produc- for the protion of the same, may be added: "And also, that he, the said A. B., his duction of executors, administrators, or assigns, shall and will from time to time, on lease. the request, and at the costs and charges, of the said C. D., bis executors, administrators, and assigns, (unless hindered or prevented by fire, or other inevitable accident,) produce, or cause to be produced, to the said C. D., his executors, administrators, or assigns, or his or their solicitor, agent, or council, at or before any courts of law or equity in England, or commissioners, for the examination of witnesses; and also, give and deliver, and permit to be examined, attested, or unattested, copies of the said recited indenture of lease of the - day of, &c." (If other mesne assignments,say, "Of all, any, or either, of the deeds, papers, and writings, mentioned or specified in the schedule hereunder written, or hereunto annexed, or any or either of them.") For a more comprehensive form of covenant for production of lease, &c., see the head" Covenants."

(g) For the covenants as to title, see form No. 4, p. 163.

for lives.

(A) In conveying leaseholds for lives, the subsisting lease must be re- Mode of cited; and if it has not been made to the vendor, but to a former owner, conveying or to a trustee, or mortgagee, some notice must be taken of the inter- leaseholds mediate conveyances which derive the property to, and vest it in, the vendor. If all these intermediate conveyances are in the hands of the latter, and can be given up to the purchaser, it may be sufficient to state after this manner, instead of reciting such intermediate deeds. "And whereas, by virtue of divers conveyances and assignments in the law, the hereditaments comprised in the said lease have become vested in the said (vendor), for and during the natural lives of, &c., (the celles que vies,) and

lease.

Recital of of, &c., of the other part; WHEREAS, under and by virtue of an indenture dated, &c., and expressed to be made between, &c., for the considerations therein mentioned, ALL, &c., were demised unto the said A. B., his heirs and assigns, during the natural lives of, &c., and the life of the longest liver of them, at and under the yearly rent of, &c., payable at the days, and times, and in manner therein mentioned, and subject to the covenants and agreements in the said indenture of lease contained, on the part of the lessee, his heirs and assigns, to be paid, done, and performed; AND WHEREAS, the said A. B. hath contracted with the said C. D. for the sale to him of the leasehold messuage, &c., hereinafter described, with the appurtenances, for and during the natural lives of, &c., and the longest liver of them, for the sum of, &c. Now THIS INDENTURE WITNESSETH, that for carrying the said contract into effect, and in consideration of the sum of, &c., of lawful money of Great Britain, by the said C. D., to the said

Contract.

Testatum clause.

the longest liver of them, and for and during all other the estate, term, and interest, of the said (vendor) therein."

The premises must be conveyed by the same words as lands held in fee simple, and the parcels may be described either by a reference to the recited lease, or the description therein may be repeated, according to circumstances; but it must be closely adhered to. The habendum should

be to the purchaser, his heirs and assigns, for and during the natural lives of, &c.; (and here may be added, but the same is not necessary;)“ To the use of the said (purchaser), his heirs and assigns, for and during the natural lives of," &c.

The conveyance must be made subject to the payment of the rents, and the performance of the covenants in the lease. If a married woman has an interest, the conveyance must be acknowledged pursuant to the statute 3 and 4 W. IV., c. 74. In respect to the covenants, the vendor must covenant that notwithstanding any act, &c., by him, the lease is valid; that he hath power to convey for and during the natural lives of, &c., (the celles que vies); for peaceable enjoyment; and that, free from incumbrance, except the rent, and the covenants in the lease contained. And for further assurance, the usual covenant by the purchaser to pay the rent, &c., should also be inserted, with the indemnity to the vendor against payment of such rent, or performance of the covenants in the said lease.-(See p. 163, form 4.)

Leaseholds for lives may be conveyed by feoffment, or bargain and sale enrolled, as well as by lease and release, and they may also be demised for a term, determinable on the death of the fltimate survivor of three lives named in the lease; but if it should be surrendered by the lessor, the term would be at an end. As to the devise of estates pur autre vie, and the descent of the same, see note (c) to p. 6. Leaseholds for lives, not being an estate of inheritance, are not subject to dower, nor to a tenancy by the curtesy. If leaseholds for lives be conveyed or devised to a person, his executors, administrators, and assigns, it will be considered as personal estate in him, and go to his executors.