(6.) Bond of Indemnity to a Person permitting his WHEREAS, an action of ejectment is intended to Recital. be brought, and also to be tried, at the ensuing Lent assizes, at S., in and for the said county, on the several demises of the said A. B., and the above named C. D., as plaintiffs against E. F., of, &c., as defendant, in order to establish the claim, right, and title, of the said A. B., as devisee under the will of G. B., late of, &c., deceased, to a certain messuage, land, and hereditaments, at M., in the parish of N., in the county of S.; AND WHEREAS a certain outstanding term of 500 years, formerly created of the said above-mentioned messuage, land, and hereditaments, and which by a certain indenture bearing date, &c., and made between, &c., was assigned to the said G. B., and is now vested in the said C. D., as the legal personal representative of the said G. B., and the more effectually to prosecute and try the said claim, right, and title, of the said A. B., to the said hereditaments and premises, the said A. B. hath applied to and requested the said C. D.(i) to permit and suffer his name to be made tors, administrators, and assigns, and also of, from, and against, all and every legal and equitable right, title, interest, claim, and demand, whatsoever, to be at any time or times hereafter, during the said term, made, challenged, or demanded, by any person or persons whomsoever, in, to, or out of, the messuages, farms, lands, and hereditaments, in or by the said in part recited indenture of assignment, assigned or otherwise assured, or intended so to be, or in, to, out of, or respecting, any part thereof, or their appurtenances, during the said term, and of, from, and against, all loss, costs, charges, damages, and expenses, which he, the said (obligee), his heirs, executors, administrators, or assigns, shall or may pay or sustain by means or in consequence of any such right, title, interest, claim, or demand, so and in such manner that he, the said (obligee), his executors, administrators, and assigns, shall and may at all times during the remainder of the said term, have, hold, and enjoy, the same messuages, &c., and receive and retain the rents, issues, and profits, thereof, subject to the covenants and agreements contained in the original indenture of lease, without any let, suit, hindrance, interruption, or denial, of or by the said (obligor), his heirs, executors, administrators, or assigns, or of any other person or persons whomsoever. Then," &c. (i) If a common action, after reciting the preliminary matter, the further recital may run thus: "And whereas, the said (obligor) hath agreed to pay all such costs and expenses of the said suit, and to save the said (obligee) harmless from all costs and expenses already incurred, or hereafter to be sustained, by reason of his being made a party (or say defendant, as the case may be) in the said action or suit." use of as a party in the said intended action of ejectment, and which he has consented to, on the said A. B. indemnifying and saving him harmless of, from, and against, all costs, charges, and expenses, whatsoever, to be occasioned to the said C. D., his executors and administrators, touching or concerning the same, which the said A. B. hath Condition. agreed to do. (j) Now, therefore, the condition of this obligation is such, that if the above bound A. B., his heirs, executors, administrators, and assigns, do and shall from time to time, and at all times hereafter, well and truly save harmless and keep indemnified the said C. D., his heirs, executors, and administrators, of, from, and against, all and all manner of action or actions, suit and suits, both at law and in equity, costs, charges, damages, expenses, claims, and demands, whatsoever, which can, shall, or may be, commenced, prosecuted, recovered, incurred, or occasioned to, or demanded of, upon, or against, him, the said C. D., his heirs, executors, or administrators, for or by reason or means of his permitting his name to be made use of in the said action of ejectment,(k) or otherwise on account thereof.() Then, &c. How far recitals restrain. Another form of con dition. (j) The recitals in the condition of an indemnity bond may restrain, but not confine, the responsibility of the sureties to the limits therein specified, where the condition imports a larger liability than the recitals contemplate.-Pearsall v. Summerset, 4 Taunt. 593. Sansom v. Bell, 2 Camp. 39. (k) Where there, is a dispute as to the inheritance, the court will not compel the trustee of an outstanding term attending the inheritance to lend his name to either party in an action of ejectment.-Doe d. Prosser v. King, 2 Dowl. P. C. 580. (1) Or the condition of a bond of this description may run thus: "Now, &c., that if, &c., do and shall from time to time, and at all times, well and duly pay and satisfy unto the said (obligee), his executors or administrators, or unto his attorney or solicitor, all such costs and charges as shall, can, or may, at any time or times be demanded, of or from the said (obligee), his executors or administrators, for the said prosecution (or defence) of the said action at law, (or the said suit in equity,) now depending in the said court of, &c., or anywise relating thereto, and do and shall well and sufficiently save, defend, keep harmless, and indemnified, the said (obligee), his executors and administrators, and his and their lands and tenements, goods, and chattels, from and against all costs, charges, damages, and expenses, whatsoever, which he or they shall or may at any time or times suffer, sustain, or be put unto, in the prosecution (or defence) of any other action or suit whatsoever, which may be prosecuted or commenced by the said (obligor), (or against the said obligee,) his heirs, executors, or administrators, in relation to the said matters or things, or in any way concerning the same. Then," &c. (7.) Bond of Indemnity by a Landlord to a Tenant upon his agreeing to pay the Rent as usual, where the Title to the Premises is in Litigation. tenant agreeing to WHEREAS, the above-named C. D. being tenant Recital of in possession of the dwelling-house and premises tenancy. situate, &c., taken of, and held under, the above bounden A. B., as landlord, at the yearly rent of, &c., payable, &c.; AND WHEREAS, the said C. D. has been served with a notice from E. F., of, &c., not to pay any subsequent rent coming due for the said premises to the said A. B., but to him, the said E. F., claiming as being the legal owner thereof; (m) AND WHEREAS, the said A. B. hath requested the Recital of said C. D. to continue paying the said rent, at the time when the same shall become due, to him, the pay. said A. B., notwithstanding the suit now depending between him and the said E. F., concerning the right and title in and to the said premises, which the said C. D. hath agreed to do, upon being indemnified as hereinafter mentioned. fore, the condition of the above-written obligation is such, that if the said A. B., his heirs, executors, administrators, and assigns, do and shall well and truly pay, or cause to be paid, to the said A. B., his executors, administrators, and assigns, all such rent, sum and sums of money, costs, charges, damages, and expenses, whatsoever, as shall, by any due proceedings in law or equity, be adjudged or decreed against him, the said C. D., his executors, administrators, or assigns; and do and shall well and truly save harmless and keep indemnified the said C. D., his heirs, executors, administrators, Now, there- Condition. (m) The recital may be more concise, thus: "Whereas, there is a suit Another depending between the above bounden A. B. and others, concerning the form of reright, title, and interest, in and to the dwelling-house and premises cital. situate, &c., in the occupation of the above-named C. D., as tenant to the said A. B.; and whereas, the said C. D. hath, nevertheless, agreed to pay, the rent of the said house to the said A. B., as the same shall become due, upon his agreeing to indemnify him therefrom, in manner expressed in the conditions hereunder written, and which the said A. B. hath accordingly agreed to do." Recital. and assigns, of, from, and against, all other costs and damages whatsoever, which he, the said C. D., his executors, administrators, and assigns, shall sustain or be put unto by reason of any action, suit, or forfeiture, whatsoever, which shall or may happen or be to the said C. D., his executors, administrators, or assigns, by reason of paying the said rent, or any part thereof, to the said A. B., his executors, administrators, or assigns, in manner aforesaid. Then, &c. (8.) Bond of Indemnity to a Landlord by a Receiver appointed for collecting Rents. WHEREAS, the said C. D., upon the application of the said A. B., hath consented and agreed to retain and employ the above bounden A. B. to receive, collect, and get in, the rents, issues, and profits, of all and singular the messuages, farms, lands, and premises, of him, the said C. D., situate and being in, &c., he, the said C. D., paying unto the said A. B., at and after the rate of £ per Recital as to annum; AND the said C. D. being desirous of intended se taking a good and sufficient security for the honesty curity. and integrity of the said A. B., the said E. F. hath consented to join with the said A. B. in the abovewritten obligation, as a security and protection to the said C. D., his executors, administrators, and assigns, of, from, and against, all loss or damage that may be sustained by the said C. D. at any time hereafter, for or by reason of the said A. B. not duly accounting with the said C. D. for all moneys which may come into the hands, possession, or power, of the said A. B., during the time of his employ as receiver as aforesaid, and in paying over Condition. the same to the said C. D.(n) Now the condition of the above-written obligation is such, that if the Short recital. (n) Or the recital may be shortly, thus: "Whereas, the said C. D. hath retained and employed the said A. B. to be the receiver of the rents, issues, and profits, of the said A. B., of all and singular the messuages, lands, and tenements, situate, lying, and being, in," &c. above bounden A. B. and E. F., their respective (0) The condition may be shorter, thus: "Now, &c., that if the said Short form. (obligor) shall and do from time to time, and at all times hereafter, as often as he shall be thereunto requested by the said (obligee), his heirs, executors, administrators, or assigns, well and truly pay, or cause to he paid, unto the said (obligee), his heirs, executors, administrators, and assigns, all such sum and sums of money as shall be by him had and received of the said rents, issues, and profits, and render to the said (obligee), his heirs, &c., a true and just account of all and every sum and sums of money that shall be by him received, paid, laid out, and disbursed, of, from, or on account of, the said farms and lands, or the rents, issues, and |