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hereby for himself, his heirs, executors, and administrators, and as to, for, and concerning only the moiety or half part of his said wife, of the said messuages, &c., hereby released, &c., and the acts, deeds, and defaults relating thereto. And the said C. D. doth hereby for herself, her heirs, executors, and administrators, and as to, for, and concerning only the other undivided moiety or half part of the said messuages, &c., hereby released, &c., and the acts, deeds, and defaults relating thereto, covenant, &c.

21. By husbands as to shares in their own rights, and in right of their wives.-And each and every of them the said (covenantors), severally, separately, and apart from the others of them, doth hereby for himself and herself respectively, and his and her respective heirs, executors, and administrators, and as to and concerning only the acts, deeds, and defaults of himself and herself respectively, and of his said wife, and all persons rightfully claiming, or to claim, by, from, under, or in trust for him, her, or them respectively, or the said testator, but so only as to be answerable for the respective share, right, and interest of himself and herself respectively, and of his said wife, of and in the messuages hereby, &c., and of and in the money arising from the sale of the same hereditaments, covenant, &c.

22. By vendors entitled in different shares, one being entitled jure uxoris. And each and every of them the said (covenantors), severally, separately, and apart from the others of them, doth hereby for himself and herself respectively, and his and her respective heirs, executors, and administrators, and so only as to be answerable for the part or proportion of himself or herself, and as to the said (husband), so far only as to be answerable for the part or proportion of himself and his said wife, in her right, of and in the said hereby assigned or otherwise assured moiety of and in the said messuages or dwelling-houses, and the money arising from the sale thereof, and so that neither of them the said (covenantors), or his or her heirs, executors, or administrators, may be answerable or accountable for the acts, deeds, and defaults of any other or others of them, his, her, or their heirs, executors, or administrators. And so that the said (husband) only may be answerable for the acts, deeds, and defaults of the said the wife of the said (husband), or of her executors or administrators, covenant, promise, and agree, &c.

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23. By intended husband and wife in a settlement of wife's property. And each of them the said A. B. (intended husband), and C. D. (intended wife), severally, separately, and apart from the other of them, doth hereby for himself and herself respectively, and his and her respective heirs, executors, and administrators, and so that the said C. D. may be answerable only for the acts and defaults of herself and of her executors and administrators; and so that the said A. B. may be answerable only for the acts and defaults of himself, his executors, and administrators, and the acts and defaults of the said C. D. during her coverture by him, covenant and declare with, &c.

24. By persons in their own right, and others in right of testator.-And each and every of them the said (owners in their own right), severally, separately, and apart from the others of them, doth hereby for himself, and his respective heirs, executors, and administrators, and as to, for, and concerning only that part or share in which he is beneficially interested in his own right, of and in the said messuage, &c., and the acts, deeds, and defaults of himself, his heirs, executors, and administrators, and all persons claiming, or to claim, by, from, under, or in trust for him. And the said (other covenantors), severally, &c., and for his, &c., and so far only as he or she is beneficially interested in the share late of the said (testator), and the acts, deeds, and defaults relating to the share of the said (testator), covenant, &c.

25. By a person entitled to an estate for life and reversion in fee. And the said (covenantor) doth hereby for himself, his heirs, executors, and administrators, and as to, for, and concerning only, and as far as relates to the title under his estate for life, and remainder or reversion in fee, and the acts, deeds, and defaults relating thereto, covenant, &c.

26. By two persons severally in an assignment of lands demised to them by two distinct leases; each as to the premises comprised in his lease.-And the said A. B. doth hereby for himself, his heirs, executors, and administrators, and so far only as relates to or concerns the messuage, &c., comprised in and demised by the said indenture of lease, bearing date on or about the 8th day of January,

1802. And the said C. D. doth hereby for himself, his heirs, executors, and administrators, and so far only as relates to or concerns the messuage or tenement and premises comprised in and demised by the said indenture, bearing date on or about the 7th day of October, 1812, covenant, &c.

27. By each of two persons as to the deeds in his possession. And the said A. B. doth hereby for himself, his heirs, executors, and administrators, and as to, for, and concerning only the deeds, papers, and writings, mentioned in the first schedule to these presents, and the acts, deeds, and defaults relating thereto. And the said C. D. doth hereby for himself, his heirs, executors, and administrators, and as to, for, and concerning only the deeds, papers, and writings, mentioned in the second schedule to these presents, and the acts, deeds, and defaults relating thereto, covenant, &c.

FORM OF A COVENANT TO LEVY A FINE, REFERRED TO, ANTE, PAGE 155.

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And the said A. B. doth hereby for himself, his heirs, executors, and administrators, covenant, promise, and agree, to and with the said E. F., his heirs and assigns, that they the said A. B., and C. his wife, she hereby consenting thereto, testified by her execution of these presents, shall and will, at the costs and charges of the said A. B., as of term last, or before the end of now next ensuing, acknowledge and levy, before his Majesty's Justices of the Court of Common Pleas at Westminster, unto the said E. F. and his heirs, one or more fine or fines, sur conuzance de droit come ceo, &c; whereupon proclamations shall be had and made according to the statute in that case made and provided, and the usual course, order, and manner of fines for assurance of lands in like cases used and accustomed, of all the said lands and hereditaments hereby released, or expressed and intended so to be, with

their appurtenances, by such apt and convenient names, quantities, qualities, and descriptions, as shall be sufficient to ascertain and comprise the same: And it is hereby declared and agreed by and between the parties hereto, that the said fine so as aforesaid, or in any other manner, or at any other time, to be acknowledged and levied, and all and every other fine and fines, common recovery and recoveries, conveyances and assurances in the law whatsoever, already acknowledged and levied, and hereafter to be acknowledged and levied, of the said lands and hereditaments, or any part thereof, by or between the said parties to these presents, either alone or jointly with any other person or persons, or to which they or either of them are or shall or may be parties or privies, or party or privy, shall operate and enure, and be adjudged, construed, deemed, and taken to operate and enure, To the use, &c.

INDEX.

ABBEYS,

dissolution of. See Reversion.

ABSOLUTE OR QUALIFIED. See Title, Covenants for.
ACCEPTANCE,

of lease by bankrupt's assignees, what acts amount to, 507.
ACCIDENT. See Equity.

ACTION, CIRCUITY OF. See Circuity.

ACTION OF COVENANT,

will not lie on a covenant to stand seised, 3.
proper remedy in general on breach, 543.
damages only recoverable, 543.

writ of covenant fallen into disuse, 543.

no process of outlawry in, at common law, 543.

remedied by statute, 543.

lies only where contract under hand and seal, 544.

except by custom, or king's lessee by patent, &c., 9.
distinguished from assumpsit, 544.

parol agreement cannot be foundation of, 544.

nor pleaded in bar, 544.

concurrent remedy with debt, where for sum certain, 544.

where money payable by instalments, 545.

particularly resorted to on covenants in leases, 545.

preferable remedy to debt, where, 545.

what declaration should show, 546.

how breach assigned, 546.

damages in, 546.

judgment in, 546.

costs in, 546.

bail in error, 546.

statutes of limitations do not affect, 547.

whether supportable on covenant to repair without giving notice,

290.

or within the period prescribed by notice, 291.

right of, on covenant not transferable, 525. 538.

once vested in grantee of reversion, not defeated by
assignment over, 538.

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