Recital.

(9.)

Bond of Indemnity to a Purchaser of leasehold Premises providing against Losses occasioned by one of the mesne Assignments being missing.(p)

WHEREAS, &c. (recite the assignment of the lease to C. D., the purchaser of the premises, created by an indenture of lease dated, &c., and made between, &c.; and that, upon the investigation of the title of the said (assignor), it was discovered that one of the mesne indentures of assignment dated on or about, &c., was missing, Agreement the same being either lost or mislaid).

to indem

nify.

Condition.

are lost.

AND

WHEREAS, the said A. B., for the satisfaction of the said C. D., hath agreed to enter into the above mentioned bond, with such condition as hereinafter mentioned, by way of indemnity to the said C. D., his executors, administrators, and assigns, and the said C. D. hath agreed to pay his said purchase money accordingly.(g) Now the condition of the

profits, thereof, or for or on account of the said (obligee), his heirs, &c.; and also, well, truly, justly, and honestly, behave himself in the said office or employment of receiver of the aforesaid rents, issues, and profits. Then," &c.

When some (P) Where the original lease, or some of the intermediate assignments of the deeds of long leaseholds, are lost, or cannot be come at, it is the practice for the termor to create a new term by demise, equal in duration to so many years of the old lease as are unexpired, which term will, in process of time, become the foundation for a new title; but it is advisable, by a deed bearing date the day after, to take an assignment of the old term to the purchaser, or a trustee for him, care being taken to keep the two instruments perfectly distinct.

As to recitals.

In the case of Earl v. Baxter, 2 Bl. R. 1228, where a plaintiff produced the original lease, and proving possession in himself, and those under whom he claimed, for seventy years, all mesne assignments were presumed.

A deed thirty years old may be given in evidence, without any proof of the execution.--Doe d. Oldham r. Woolley, 8 B. & C. 22. But recitals in old deeds are not evidence of facts, unless properly corroborated.-Fort v. Clark, Rus. 601.

(4) Or the lease may be recited in the first instance: "And that whereas, by divers mesne assignments, and particularly by an indenture assignment dated, &c., the said messuage and premises were assigned to the said C. D., his, &c., as the purchaser thereof, from the said A. B.; and whereas, previously to the execution of the said indenture of assignment it was discovered that one of the mesne indentures of assignment dated, &c., was either lost or mislaid; and the said C. D., at the request of the said A. B., hath agreed to pay the purchase money upon the said A. B. entering into the above-written bond conditioned as hereinafter mentioned.'

above-written obligation is such, that if the said A. B. do and shall from time to time, and at all times hereafter, save harmless and keep indemnified the said C. D., his executors, administrators, and assigns, and his and their lands and tenements, and particularly the said hereditaments so purchased as aforesaid, and also his and their goods, chattels, and effects, of, from, and against, all costs, charges, damages, and expenses, which the said C. D., his executors, administrators, and assigns, shall or may bear, pay, or be put unto, for or on account of the said C. D. being deprived of the custody of the same deed of assignment so lost or mislaid as aforesaid; and if, at any time hereafter, the said deed shall be found, and be delivered up to the said C. D., his executors, administrators, and assigns, whole and uncancelled. Then, &c.(r)

(10.)

Bond of Indemnity upon the Sale of Part of leasehold Premises to indemnify the Assignee from Payment of any Part of the Rent reserved by the original Lease.

WHEREAS, (recite the original lease, and the Recital. assignment of part of the premises, and that, upon the treaty for the sale, it was agreed that the said obligor should enter into the above bond for indemnifying him, the said obligee, from pay

(r) If several of the deeds are lost, after reciting the assignment to the Another obligee, recite that the title deeds and evidences of title to the said lease- form. hold premises for the said term being lost or mislaid, the said (obligor) hath agreed to save harmless and keep indemnified the said (obligee), his executors, administrators, and assigns, against all persons claiming any right or title to the said premises, or any part thereof, for and during the remainder of the said term, in manner hereinafter mentioned, and then the condition may be shortly, thus: "Now, &c., do and shall from time to time, and at all times hereafter, save harmless and keep indemnified the said (obligee), his executors, administrators, and assigns, of, from, and against, all mortgages and other charges and incumbrances anywise affecting the said messuage and premises, and against all and every person and persons whomsoever, claiming any estate, right, or title, of, in, or to, the same, or any part thereof, during the said term; and if the said deeds, evidences, and writings, shall at any time be delivered to the said (obligee), his executors, administrators, and assigns, whole and uncancelled, without fraud or delay. Then," &c.

ment of the said rent, or any part thereof, conCondition. tained in the said in part recited lease). Now

Recital.

When the condition extends as to quiet enjoy

ment.

the condition of the above-written obligation is such, that if the said (obligor), his heirs, executors, administrators, and assigns, do and shall from time to time, and at all times hereafter, well and effectually save harmless and keep indemnified such part of the said premises as are comprised in the said in part recited lease, as are assigned to the said (obligee), his executors, administrators, and assigns, or intended so to be, by the said indenture of assignment bearing even date herewith; and also the said (obligee), his heirs, executors, administrators, and assigns, and every of them, of, from, and against, the said yearly rent of, &c., reserved and made payable by and in the said in part recited indenture of, &c., and of, from, and against, all actions, loss, costs, charges, damages, and expenses, for or in respect of the said rent, or the want of due payment thereof. Then, &c. (8)

(11.)

Bond as a collateral Security for the Performance of a Contract or Conditions for the Sale of Timber.

WHEREAS, &c. (recite the contract, and if the sale be by auction recite that the timber trees growing on an estate and premises situate at, &c., the property of, &c., were, on the day of, &c., at, &c., put up to sale by auction, at which

(s) If the condition be intended also to provide for the quiet enjoyment of assignee, say, "And also, if the said (obligee), his executors, administrators, and assigns, shall and may at all times, for and during the residue of the said term of, &c., demised by the said indenture of lease dated, &c., peaceably and quietly have, hold, occupy, possess, and enjoy, such of the said hereditaments and premises comprised in the said indenture of assignment of, &c., without the let, suit, trouble, interruption, or disturbance, of, from, or by, the said (obligor), his heirs, executors, administrators, or assigns, or any person or persons lawfully claiming from, under, or in trust for, him or them; but subject only to the covenants and agreements contained in the said indenture of lease, so far as the same are applicable to the premises comprised in and assigned to the said (obligee), by virtue of the said indenture of assignment, as are expressed to be thereby assigned, but discharged of the said yearly rent. Then," &c.

sale the above bounden C. D. was the highest bidder, and became the purchaser of the same). AND WHEREAS, by a memorandum of agreement dated, &c., annexed (or subjoined) to the conditions of sale then and there exhibited, the said A. B. and C. D. respectively contracted for carrying the provisions of the said conditions of sale into effect; AND WHEREAS, it was stipulated in such conditions of sale that the purchaser should enter into a bond with a surety for the payment of the purchase money by instalments, on the several days following, (that is to say, &c.,) (state the times of payment,) and the said E. F. has agreed to become such surety accordingly. Now, therefore, the con- condition. dition of the above-written obligation is such, that if the above bounden C. D., his heirs, executors, and administrators, do and shall well and truly pay, or cause to be paid, unto the said A. B., his executors, administrators, or assigns, the sum of, &c., of lawful money of Great Britain, by such instalments, as aforesaid, on the several days and times aforesaid, according to the true intent and meaning of the said conditions of sale and contract; AND do and shall well and truly perform, fulfil, and keep, all and every the articles and conditions whatsoever, which, on the part and behalf of him, the said C. D., are, or ought to be, performed and kept, comprised and mentioned in the said contract or conditions there referred to, according to the true intent and meaning thereof. Then, &c.

(12.)

Bond (for securing Money) given with a Deposit of a Lease,(t) and the Assignments thereof, as an equitable Security.

WHEREAS, the above named C. D. being in- Recital.

(t) Although the delivery and depositing a lease as a security for money without any written assignment, passes no interest at law, yet it creates a right which may be enforced in equity.-Doe d. Maslin v. Roe, 5 Esp. 105. As it amounts to an equitable assignment of the term.-Lucas v. Comerford, 1 Ves. jun. 235.

Y

debted unto the said A. B. in the sum of £500 for money, being the total amount of divers sums lent and advanced to him, the said C. D., by the said A. B., sometime since, to enable him to carry on his trade and business of, &c., at, &c.; but having given no security as yet for the same, it has been agreed that the re-payment thereof, with interest, shall be secured unto the said A. B., his executors, administrators, and assigns, by the above-written bond or obligation conditioned as hereinafter mentioned, and also by a deposit of the lease and the several assignments (by the last of which the said A. B. became possessed of a leasehold messuage, farm, and lands, situate, &c., for the residue of a term of, &c., created by the said indenture of lease) as a collateral or equitable security for the said sum of £500, all interest having been paid up to the date of the above-written obligation; AND WHEREAS, the said A. B. hath deposited with the said C. D. the said deeds as such security, which he, the said Condition. C. D., doth hereby admit and acknowledge. Now the condition of the above-written obligation is such, that if the above bounden A. B., his heirs, executors, or administrators, do and shall well and truly pay, or cause to be paid, unto the said C. D., his executors, administrators, and assigns, the said sum of £500, with interest for the same, after the rate of £4 per centum per annum, on the day of, &c., next ensuing, without any deduction or abatement whatsoever, for or in respect of the same, or otherwise on account thereof. Then, &c.

Recital.

(13.)

Condition of an arbitration Bond between Landlord and Tenant.

WHEREAS, differences and disputes have arisen and are now depending between the above bounden A. B. and the said C. D., respecting the management and cultivation of a certain farm situate, &c., by the said C. D., as tenant to the said A. B., and