expenses attending the same, by the person or persons who, for the time being, shall be entitled to the next estate of freehold or inheritance, in the premises so to be demised or charged as aforesaid. his CHAP. I. SEC. IV. shall mortgagor to sell any part of heirs, the estates times mortgaged, a proportional part of pur shall PROVIDED ALWAYS, and it is hereby lastly agreed and Power for declared, between and by the parties hereto, that it and may be lawful for the said executors, administrators or assigns, at any time or while the said sum of £- or any part thereof, remain on the present security, absolutely to sell and dis- chase-money pose of the and other hereditaments herein- reduction of the being paid in before released, or intended so to be, and thereupon, and on mortgage. every such sale, the said his heirs or assigns, shall and will "join and concur in the release or releases "of the hereditaments to be so sold unto the purchaser or respective purchasers thereof, and the said 66 "his heirs and assigns, shall have and receive, in reduction "and towards discharge of the said principal sum of £, "or so much thereof as may then remain unpaid, such part "or proportion of the purchase-money or monies of the "hereditaments to be sold, as the same hereditaments shall "bear in worth or value to the whole of the hereditaments "hereby released, anything herein before contained to the "contrary notwithstanding." If the mortgage be for a term, instead of the words in inverted commas, use these following: "Assign, surrender or otherwise dispose of the "and premises so to be sold, and every part thereof, for all "the then residue of the said term of Variation when the mortgage is years, for a term. "hereby created, in such manner, and for such purposes as 66 and CHAP. I. SECT. IV. Power for the mortgagor to pay off any part "hereditaments so to be sold, in reduction, and towards dis- of the debt be- and may be lawful for the said fore the day appointed, by way of instalments, of not less than a certain sum. Proviso in an PROVIDED ALSO, and it is hereby further agreed and declared, between and by the parties hereto, that it shall his heirs, executors, administrators and assigns, if he or they shall be so desirous, to pay off and discharge unto the said executors, administrators or assigns, the said mortgage debt or principal sum of £―, or any part or parts thereof, either in one payment, or by instalments of not less than £- each, at any time or times before the said day of calendar months' previous notice in writing of such the desire of him, PROVIDED ALWAYS, and it is hereby lastly agreed and declared, between and by the parties hereto, that if either CHAP' I. SECT. IV. assigns, shall, at any time hereafter, be lawfully evicted or exchange-deed dispossessed of or from the and hereditaments for re-entry, in case of hereinbefore respectively conveyed to him in exchange, or eviction. intended so to be, as aforesaid, or any part thereof, then, and in such case, it shall and may be lawful to and for such of them the said , or their respective heirs. or assigns, who shall be so evicted or dispossessed, as aforesaid, to enter into and upon the and hereditaments hereinbefore conveyed in exchange, or intended so to be, by him, who or whose heirs or assigns shall suffer such eviction or dispossession, and the same to have again, repossess and enjoy, in or as of his or their first and former estate, anything herein, &c. his PROVIDED ALWAYS, and it is hereby agreed and declared Proviso that between, &c. that, as between the said executors, administrators and assigns, and the said lessees shall be all answerable to the lessor assigns, for the rent, but as between shall themselves, same in certain proportions. , , their several executors, administrators and the whole of the said yearly rent or sum of £be payable by and recoverable from all or any of them, the shall pay the said or their several executors, administrators or assigns, but, as between them, the said and their several executors, administrators and assigns, the same yearly rent or sum shall be payable by them respectively, in equal shares and proportions; and if any of them shall be compelled to pay more than his or their joint and equal shares and proportions thereof, or shall be put unto any costs or expenses on account of any non-payment thereof, he or they shall be repaid and re-imbursed the same, by the party or parties by or through whose default it shall have happened. CHAP. SEC. V. Covenants for title. Mortgagor's and vendor's covenants. Covenants by trustees. Other covenants. SECTION V. Of the Covenants. In all conveyances there should be covenants for title, and a regular chain of them: they should always be made with the person to whom the estate is conveyed, and if any uses are declared upon the conveyance, the celles que trust are entitled to the benefit of the covenants. The usual covenants by a vendor are,―That he is seised, has good right to convey,-for quiet enjoyment by the purchaser,-that the premises are free from incumbrances, and that he will make further assurance. On a mortgage, the mortgagor's covenants for title are general against all the world. On a sale, the vendor, if he purchased the estate himself, covenants only for his own acts; if the property came to him by devise, descent or settlement, he covenants for his own acts, and those of the persons under whom he claims. Where an estate is conveyed by trustees or assignees, they do not enter into covenants for title, but merely covenant that they have done no act to encumber: in such cases, however, the celles que trus', or assignor, should always be made to enter into such covenants. Besides the covenants for title, there may be, and frequently are, a variety of other covenants, such, for instance, as covenants for the production of title-deeds, where part, only, of an estate is sold, and the deeds are either retained by the vendor, or given to the purchaser of the other part of the estate;—a covenant that an infant shall convey when he comes of age,-a covenant to procure the release of a portion, when the person entitled to it comes of age,-a covenant by a jointress that she will not distrain for her jointure,―on an underlease, that the under-lessee shall be allowed, from his rent, payments made in discharge of the ground-rent,— and so on, the covenants, of course, varying with the circumstances, and being as numerous as the varieties of business. Covenants for title will vary according to the nature of the property; as, whether it be freehold, copyhold, leasehold, or personal chattels, or comprise two or more of these different kinds. CHAP. I. SEC. V. costs. In all covenants it is usual and proper to name the Reque t and person by whom the requests shall be made, and also the fund from which or the persons by whom the costs are to be paid; the request must be made by the person who is to have the benefit of the covenant, but the payment of the costs must depend on the particular circumstances of each case; for example 1. Trust estates during the continuance of the trusts defray the costs. 2. Mortgages,-the mortgagor. 3. Purchase-deeds,-the purchaser. The following forms of covenants may be found useful to the young conveyancer. And the said doth hereby, for himself, his Mortgage co venant for heirs, executors and administrators, covenant and agree, title (short with and to the said that he, the said , his heirs and assigns, form.) is lawfully seised of or in the hereditaments herein before granted and released, in fee-simple in possession, free from all incumbrances; |