LEASEHOLDS.

Bankrupt and

Assignees of

Mortgagee.

or with his or their privity, consent, or procure- PURCHASES. ment, or by any person or persons whomsoever, lawfully or equitably and rightfully claiming or possessing any estate, right, charge, or interest, in, to, out of, or upon the same, by, from, under, or in trust for him or them, save only and except the rent or rents in and by the said hereinbefore in part recited indenture of lease reserved or made payable, from and after the

day of last past, and the covenants and agreements therein contained, which on the part of the tenant, lessee, or assignee of the said premises, are from henceforth to be performed or observed, during the now residue of the said term of

years.

purchaser to

nify against

rent, &c.

AND moreover, that he the said (bankrupt), his executors and administrators, &c. [Covenant by bankrupt for further assurance] (1). And lastly, Covenant by the said (purchaser), for himself, his heirs, exe- pay and indemcutors, and administrators, doth hereby covenant, promise, and agree, with and to the said (assignees) and (bankrupt) respectively, their and each of their executors and administrators, that he the said (purchaser), &c. [Covenant by purchaser to pay and perform rent and covenants] (2). IN WITNESS, &c. (3).

(1) See ante, p. 313.

(2) See ante, p. 314; but that the purchaser cannot be required to enter into this covenant, see ibid. n. (1).

(3) If fixtures, or a policy of insurance, are intended to be assigned to the purchaser, see variations subjoined to No. LXX. p. 155.

PURCHASES.

LEASEHOLDS.

Assignees of Bankrupt and Mortgagee.

Production of lease.

If a small part only of the demised premises be sold to the present purchaser, and the lease, &c. be not delivered to him, add a covenant by the vendor for its production as in ibid. p. 160. And where the lease is delivered to him as the purchaser of the largest lot (the sale being by auction), and he is to covenant with the smallest purchaser for its production, see such covenant, INDEX VOC. DEEDS.

* See notes and riders to No. LXX. p. 155, et seq.

No. LXXXIV.

An Assignment of Leasehold Premises by the Lessee (or an Assignee) to two or more Purchasers as Joint-tenants or Tenants in common.

Variations where they are Copartners in Trade.
Where they are Trustees, &c. (1).

PURCHASES.

LEASEHOLDS.

Vendor to two or more Purchasers.

other part. WHEREAS, &c. (3) AND WHEREAS the Recitals.

(1) See also notes and variations to Vol. I. No. XXIX. p. Variation. 458, et seq.

*If brevity be particularly desired, the words within brackets Brevity. may be omitted throughout the precedent.

(2) If the purchasers be copartners in trade, add,

"Merchants, (or as the case may be), and copartners."

Copartners.

(3) Recite here the lease granted to the vendor, as in No. Recitals. LXX. p. 129, and the assignment, if any, as in ibid. p. 131, n. (1). and if the purchasers are trustees of a will or settlement, recite the settlement or will as ante, p. 275.

LEASEHOLds.

PURCHASES. said (purchasers) have contracted (1) with the said (vendor) for the purchase of the messuages or tenements and premises comprised in the said in more Purchasers. part recited indenture of lease for the now residue of the said term of

Vendor to two or

WITNESS, that

in consideration

of the purchase

money,

years, by the said indenture of lease demised, subject as aforesaid, at or for the price or sum of £

,

and

the same are now intended to be conveyed to them in the manner hereinafter expressed. Now THIS INDENTURE WITNESSETH, that in pursuance of the said contract, and in consideration of the sum of £ of lawful money (2) of that part of the United Kingdom of Great Britain and Ireland, called England, to the said (vendor) in hand well and truly paid by the said (purchasers) [or one of them, for and on behalf of himself and the other of them (3)] at or immediately before the sealing

(1) If the sale were by public auction, see ante, No. LXX. p. 132.

(2) If the consideration for the purchase be other than money paid down, see Vol. I. No. XVI. p. 167, n. (8).

If the sale were by the direction of the Court of Chancery, and the purchase money is to be paid into the Bank, or of the Court of Exchequer, and the money is to be paid to the Deputy Remembrancer, see the variation subjoined to Vol. I. No. XVI. p. 188.

(3) If the purchase money be paid in moieties, &c. by each purchaser, say, "in equal moieties" instead of the words within brackets; or in the manner following (that is to say)

"The sum of £ part of the said purchase or consideration money by the said (one purchaser) as and for the purchase and a conveyance of one undivided moiety or equal half part of the lands and hereditaments hereinafter described; and the sum of £ other and remaining

LEASEHOLDS.

Vendor to two or

grants and as

and delivery of these presents, the receipt where- PURCHASES. of, and that the same is in full for the purchase of the messuages or tenements and premises hereinafter described, the said (vendor) doth hereby ac- more Purchasers. knowledge, [and of and from the same doth acquit, release, exonerate, and for ever discharge the said (purchasers) and each of them, and the executors, administrators, and assigns of each of them, and also the said premises], He the said (vendor) The vendor HATH bargained, sold, assigned, transferred, and signs. set over, and by these presents, Doтн bargain, sell, assign, transfer, and set over, unto the said (purchasers) their executors, administrators, and assigns, (to be holden and enjoyed in the manner hereinafter declared or expressed) ALL those the Parcels. said several messuages or tenements, pieces or parcels of ground (1), (or as the case may be) and all and singular other the premises comprised in and expressed to be demised by the said hereinbefore in part recited indenture of lease, of the

part of the said purchase or consideration money, by the said (other purchaser) as or for the purchase and a conveyance of the other moiety or equal half part of the same lands and hereditaments, the receipt of which two several sums of making together the said purchase and that the same is," &c. as in

£

and £

money, or sum of

text.

If a licence to assign be requisite, see ante, p. 135.

Licence.

(1) If any material variation, by reason of new erections or Parcels. otherwise, have taken place in the description of the premises, since the demise or assignment of them to the testator, see anic, p. 136.