the death of

In case of to do; AND it is hereby mutually agreed and dethe master, clared, by and between the said parties to these the execu- presents, that in case the said D. E. shall happen to vide a new die before the end of the apprenticeship of the said

tors to pro

master.

Penalty.

Parties.

C. B., then and in such case the executors or ad-
ministrators of him, the said D. E., shall and will,
as soon as may be after his decease, find and pro-
vide a new and other proper master following the
art, science, business, or employment, of a farmer
and grazier, and at their own costs and charges
assign and turn over the said C. B. to such new
master for the residue which shall be then to come
and unexpired of the term of his apprenticeship,
upon the same terms, or upon terms equally advan-
tageous to the said C. B., as are contained in these
presents; and in default thereof, shall and will pay,
or cause to be paid, unto the said A. B., his execu-
tors, administrators, or assigns, the sum of £-
for every year of the said term of
years here-
inbefore mentioned, which shall be then to come
and unexpired; AND lastly, for the true perform-
ance and observance of the several covenants and
agreements herein contained, on the part of the
said A. B. and D. E. respectively, and their re-
spective executors and administrators, to be per-
formed and observed, each of them, the said A. B.
and D. E, doth bind himself, his heirs, executors,
and administrators, unto the other of them, his
executors, administrators, and assigns, in the penal
sum of £, of lawful money of Great Britain,
firmly by these presents, as or by way of ascertained
or liquidated damages. In witness, &c.

(22.)

Another Form to a Farmer in Husbandry (h) where the Apprentice binds himself.

THIS indenture made, &c., BETWEEN A. B., of, &c., of the one part, and C. D., of, &c., of the other

(h) See stat. 5 Eliz. c. 24, s. 25.

serve.

part; WHEREAS, the said A. B., of his own free will, Recital. hath agreed to bind himself to the said C. D., to be taught and instructed in the art, science, business, or employment, of a farmer and husbandman, for the term of years, under and subject to the terms and conditions hereinafter contained. Now Testatum. THIS INDENTURE WITNESSETH, that in pursuance of the said agreement, and in consideration of the covenants and agreements hereinafter contained, on the part of the said C. D. to be performed and observed, he, the said A. B., doth by these presents Apprentice bind and place himself unto and with the said agrees to C. D. as his apprentice, to be taught or instructed in the art, science, business, or employment, of a farmer and husbandman, for the term of years from the date hereof, during all which said time he, the said A. B., shall and will well and faithfully serve his said master as his apprentice, and diligently attend to the concerns and business of a farmer and husbandman, and shall not nor will do any wilful injury to the said C. D., or suffer or permit the same to be done without acquainting the said C. D. therewith, but shall and will acquit himself as an honest and faithful apprentice ought to do; AND in further pursuance of the said agree- Master ment, and in consideration of, &c., to the said agrees to acC. D., in hand, well and truly paid by the said take the said A. B., at or before the execution of these presents, and to teach the receipt, &c., he, the said C. D., hath agreed to and instruct accept and take, and by these presents doth agree to accept and take the said C. D. as his apprentice during the said term, and doth hereby for himself, his executors, and administrators, covenant, promise, and agree, to and with the said A. B., his executors, administrators, and assigns, in the manner following, (that is to say,) that he, the said C. D., according to the best of his power, skill, and knowledge, shall and will during the said term of

years, teach and instruct, or cause to be taught and instructed, the said A. B., in the art, science, business, or employment, of a farmer and

C C

cept and

apprentice,

husbandman, and all things whatsoever incident or belonging thereto, in such manner as he, the said C. D., now or any time hereafter during the said And to pay term shall use or practice the same; AND further, that the said C. D. shall and will well and truly pay, or cause to be paid, unto the said A. B., or his assigns, during the said term of

sums for

board of apprentice.

agrees to accept such

years, or

during so much thereof as the said A. B. shall continue his apprentice as aforesaid, the several sums of money, and payable at the several times, in lieu and full satisfaction of the board and lodgings of the said apprentice during the said term, (that is to say,) the sum of £ of lawful money of Great Britain, for the first year of the said term; the sum of £ of like lawful money, for the second of the said term; the sum of, &c., (and so on for the number of years of the apprenticeship as may be agreed upon,) together with the proportionable part of either of the said sums which may happen to be due at any sooner determination of the said apprenticeship, to be computed from the last quarterly day of payment thereof up to the day of such determination, the said several and respective sums of, &c., to be paid and payable by four equal quarterly payments, on the day of, &c., the

day of, &c., the day of, &c., and the day of, &c., in every year, the first payment thereof (or of such proportionable part of the said sum of £ as shall then be due) to begin and be made on, &c., now next ensuing, and every of them to be free and clear of all manner of deductions whatApprentice soever; which said, several, and respective, sums of, &c., the said A. B. doth hereby for himself, his executors, administrators, and assigns, covenant and agree, to and with the said C. D., his executors and administrators, to take and accept in lieu of, and in full satisfaction for, his board and lodgings during the said term; AND moreover, the said C. D. doth hereby for himself, his executors and administrators, covenant, promise, and agree, to and with the said A. B., his executors, adminis

sums.

trators, and assigns, that if the said A. B. shall happen to depart this life at any time within twelve calendar months, to be accounted from the date of these presents, he, the said C. D., his executors or administrators, shall and will return and pay unto the executors, administrators, or assigns, of his said apprentice, £ of the said sum of £- so paid by him, the said A. B., as aforesaid; AND lastly, for Penal clause the true performance of the several covenants and agreements herein before mentioned and contained, on the respective parts of each of them, the said A. B. and C. D., their executors and administrators, to be taught, served, done, and performed, in the manner hereinbefore mentioned, and according to the true intent and meaning of these presents, they, the said A. B. and C. D., do bind themselves unto each other, and unto the executors, administrators, and assigns, of each other, in the sum of £, firmly by these presents, by way of ascertained or liquidated damages. In witness, &c.

(23.)

Deed of Covenant for the Production of a
Lease.(i)

THIS indenture made the day of, &c., BE- Parties. TWEEN A. B., of, &c., of the one part, and C. D., of, &c., of the other part, (recite the lease and the assignment of part of the premises to C. D.). AND WHEREAS, upon the treaty for the said pur- Recital. chase, it was agreed that the said A. B. should enter into such covenant for production of the said in part recited lease as hereinafter is contained. NOW THIS INDENTURE WITNESSETH, that in pursu- Witnessing

(i) The following concise form of covenant may be used in an assignment of a lease for the production of the original lease and assignment: "And further, that he, the said A. B., his executors, administrators, and assigns, will during the said term, (if not prevented by fire or other inevitable accident,) at the request and costs of the said C. D., his executors, administrators, or assigus, produce and show, for the purpose of defending and proving his or their title to the said premises, an indenture of lease dated, &c., whereby the said R. S. (original landlord) demised the said premises with others to one T. U., and also a deed poll ́indorsed thereon, whereby the said T. U. assigned the said premises to the said A. B."

part.

ance of the aforesaid agreement, and in consideration of the premises, the said A. B. for himself, his heirs, executors, and administrators, doth hereby covenant, promise, and agree, with and to 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, or assigns, shall and will from time to time, and at all times hereafter, unless prevented by fire or other inevitable accident, upon every reasonable request in writing made to him or them for that purpose, and at the proper cost and expense of the said C. D., his executors, administrators, or assigns, produce and show forth, or cause and procure to be produced and shown forth, unto the said C. D., his executors, administrators, or assigns, or his, their, or any of their, counsel in the law, or agent, or attorney, or at any trial, hearing, commission, or examination, in or directed by any court or courts of law or equity, in any part of the united kingdom of Great Britain and Ireland, and to any arbitrators or umpire lawfully authorised, and upon every other fit and reasonable occasion, the said hereinbefore in part recited indenture of lease, for the maintainance, manifestation, defence, or support, of the estate, interest, right, title, property, or possession, of him, the said C. D., his executors, administrators, or assigns, in or to the said messuages or tenements and premises so assigned to him by the said in part recited indenture of even date herewith, or in any part thereof; (j) AND also, that he, the said A. B., his executors, administrators, or assigns, shall and will from time to time, and at all times hereafter, at the like request, costs, and charges, of the said C. D., his executors, administrators, or assigns, make and deliver, or cause to be made and delivered, to him, the said C. D., his executors, administrators, or assigns, such true and attested

() If the covenant be for the production of the original lease and mesne assignments say," All and every the deeds, evidences, and writings, mentioned and set forth in the schedule hereunder written."