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V. Acknow. ceased, of the first part; (trustees] the trustees of the said
in consideration of the sum of £- , by the direction of
have been conveyed by way of sale to the use of the said (purchaser] in fee of agreement simple in possession, free from incumbrances: AND WHEREAS that deeds shall be re
the several deeds and writings specified in the schedule heretained.
under written relate not only to the lands and hereditaments conveyed by the hereinbefore-recited indenture, but also to other property, subject to the said will; and upon the contract for the said sale it was agreed that the said (trustees] shall retain possession of such deeds and writings, and shall
give such acknowledgment and undertaking with regard to the Acknowledg- same as are hereinafter contained: NOW THEREFORE, the
said (trustees), at the request and by the direction of the said [tenant for life], testified by his signing this memorandum, do and each of them them doth hereby acknowledge the right of the said (purchaser] to the production and delivery of copies of the several deeds and writings specified in said schedule hereunder written, and which are retained by the said (trustees] in their possession (b). AND the said (trustees] hereby do,
(6) The above precedent is applicable to the case of trustees, who, having the legal estate devised to them, retain possession of the documents. Where the legal estate is given to the tenant for life, as is generally the case in settlements by deed, and often the case in wills, he will have possession of the documents, and accordingly should enter into an acknowledgment and undertaking like an ordinary vendor see last Precedent). Where trustees sell on behalf of an infant under the powers of the Settled Land Act, 1882, s. 60, the recital of the conveyance will require modification, and the request, &c. of the tenant for life will be omitted.
It has, in modern times, been the usual practice that trustees should enter into covenants for production of deeds, limited to so long as they should remain trustees, and have or be entitled to the custody of the documents: see Lewin on Trusts, p. 387. Frequently the covenant further purported to bind the documents, so far as might be, in the hands of other holders, but so as not to create any further liability for damages or otherwise. It is conceived that the latter proviso would be void, as being wholly repugnant to the covenant creating the liability: see Williams v. Hathaway, 6 Ch. D. 544.
and each of them doth, at the request and by the direction V. Acknowaforesaid, undertake with the said (purchaser] for the safe by Trustees. custody of the same deeds and writings; Provided always, Qualified that nothing herein contained shall impose any obligation undertaking. or liability under the aforesaid undertaking upon the said [trustees], or either of them, or their or his heirs, executors, administrators or assigns, in case the said deeds and writings, or any of them, shall be destroyed, lost, cancelled, defaced or injured while the same are in the possession of the solicitors, bankers, or agents of the said (trustees] or either of them, or of other persons intrusted with the custody thereof by them or him, and not in the actual possession of the said (trustees] or either of them. As WITNESS, &c. (c).
VI. ACKNOWLEDGMENT on a Sale by Auction by
the VENDOR, as to Deeds, fc. retained by him and
of agreements &c., being seised in fee simple in possession (or tenant for for sales, and life in possession under the will, &c., or as the case may be], of as to possescertain lands and hereditaments situate in the parish of deeds (d);
in the county of -, lately contracted for the sale to [ purchaser No. 1], of part thereof, that is to say, a messuage or farm house and farm known as farm, and containing acres or thereabouts, in fee simple in possession at the price of £ and also contracted for
(c) The effect of the form of qualified undertaking, above suggested, would be that if a trustee keeps the documents in his own possession he is responsible for their safe custody, but he ceases to be so on depositing them with his banker or solicitor.
(d) All specific reference to the sale by auction should, if possible, be avoided, so that notice of the particulars and conditions of sale may not be put upon the title. See on this point sub tit. PURCHASES. Recitals of a sale by auction will be found in the next Precedent.
VI. Acknow. the sale of other part of the said lands and hereditaments to on Sales' by [purchaser No. 2], and upon the contracts for the said sales
it was agreed that such of the muniments of title as should relate to property comprised in the said sales respectively, and also to property not therein comprised, should be retained by the vendor, who should give to the purchasers the usual acknowledgment of their respective rights to the production of the muniments so retained by him as aforesaid, and to delivery of copies thereof, and undertaking for the safe custody thereof; and it was also agreed that such of the muniments of title as should relate exclusively to property comprised in the said sales, should after the completion of the said sales be handed over to the said [purchaser No. 2], who should be entitled to receive and thenceforth retain possession thereof, and should give to the said [purchaser No. 1] the usual acknowledgment of his right to production of the documents so received and retained by him as aforesaid and to delivery
of copies thereof, and undertaking for the safe custody thereof: of completion And WHEREAS the hereditaments comprised in the said conof purchase;
tracts of sale respectively have been duly conveyed to the said several purchasers thereof by two indentures dated the day of
18, and the day of that docu.
18 —, respectively: And WHEREAS the several deeds and Sched. 1 are muniments of title specified in the first schedule hereunder retained by written relate to the hereditaments comprised in the said provendor;
perty so purchased by the said [purchaser No. 1] as aforesaid, and also to property of the said (vendor] not comprised in the
said sale, and the said [vendor] accordingly retains possesthat docu- sion of the same deeds and muniments of title: And WHEREAS
the deeds and muniments of title specified in the second retained by schedule hereunder written relate exclusively to the hereditapurchaser of largest lot. ments comprised in the said sales, but are common to the said
property purchased by the said [purchaser No. 1] and also to the said property purchased by the said [purchaser No. 2], and such last-mentioned deeds and muniments of title have
been accordingly delivered to the said [purchaser No. 2], who Acknowledg- now retains possession thereof: NOW THEREFORE the dertaking by said [vendor], as to the deeds and muniments of title specified vendor,
in the first schedule hereunder written, hereby acknowledges
the right of the said [purchaser No. 1] to production and by purchaser delivery of copies of the same and undertakes for the safe of largest lot.
custody thereof; And the said [purchaser No. 2], as to the
ments in Sched. 2 are
deeds and muniments of title specified in the second schedule VI. Acknow-
THE FIRST SCHEDULE ABOVE REFERRED TO.
VII. ACKNOWLEDGMENT on a Sale by Auction
of LEASEHOLDs in Lots, by the PURCHASER of the
Custody of the Documents.
last (vendor] of, Recitals ;
of sale by auc&c. put up for sale in four lots certain hereditaments situate at tion;
in the county of and held by him under or by virtue of a lease of the same premises, dated the day of 18—, and made between (parties], and under or by virtue of an assignment of the said lease dated the day of
18—, and made between (parties] for the residue of a term of 99 years from the
day of 18–, granted by the said indenture of lease: And of condition whereas it was, among other things, provided by the con- sion of deeds ;
; ditions of such sale that if the hereditaments comprised in the first lot should be sold, the said lease and assignment should, on the completion of the sale of the same lot, be delivered to the purchaser thereof, who should give to the purchasers of the other lots, and to the vendor, in case any of the lots should remain unsold, the usual acknowledgments of their respective rights to the production and delivery of copies of the deeds aforesaid, and undertaking for safe custody thereof : AND WHEREAS [purchaser] was declared the purchaser of of sale of
largest lot; the said first lot, but the third lot remained unsold : AND WHEREAS by an indenture bearing even date with this memo- of conveyance randum, and made between the said (vendor] of the one part, of even date.
VII. Acknow and the said [purchaser] of the other part, for the consideraon sale by tion therein mentioned, the said hereditaments comprised in Auction.
the said first lot have been assigned and conveyed to the said
[purchaser'] to hold the same for the unexpired residue of Acknowledg- the said term : NOW THEREFORE, the said [purchaser] ment by pur
acknowledges the right of the said [rendor] to the production
and delivery of copies of the herein before-recited indentures Undertaking. of lease and assignment respectively, and undertakes for the
safe custody thereof. As WITNESS, &c.
VIII. ACKNOWLEDGMENT by a MORTGAGEE,
on a Sale of Part of the Mortgaged Property, of the Purchaser's Right to Production of Documents, and COVENANT by the MORTGAGOR to procure the production of the Documents, and for the safe CUSTODY
thereof, when they shall come into his possession. Parties.
THIS INDENTURE, made the 18—, BETWEEN [mortgagee], of, &c., of the first part, [mort
gagor], of, &c., of the second part, and [purchaser], of, &c., Recitals of the third part: WHEREAS by an indenture, dated the of mortgage;
day of 18—, and made by way of statutory mortgage between the said [mortgagor), of the one part, and the said [mortgagee], of the other part, certain hereditaments therein described, and situate at in the county of
-, were conveyed to the use of the said [mortgagee] in fee simple, for securing payment of the sum of £
with interest thereon at the rate of £4 per centum per annum: of sale of AND WHEREAS by an indenture bearing even date with and lands comprised in the executed before the execution of these presents, and made mortgage ; between the said [mortgagee], of the first part, the said [mort
gagor], of the second part, and the said [purchaser], of the other part, certain hereditaments situate at aforesaid, particularly described in the indenture now in recital, and being part of the hereditaments comprised in the said indenture of mortgage, have been conveyed to the use of the said