deceased, of the one part, and (the doweress) of, &c. widow and deceased, of the other part.

relict of the said WHEREAS the said

at the time of his 'decease, was seised to him and his heirs of an estate of inheritance, in possession, and in severalty of and in certain messuages, lands, tenements and hereditaments, situated at in the county

of

ASSIGNMENTS.

Dower (by heir).

Recital of seisin

of husband.

WITNESS. The heir assigns

which upon his decease descended unto the said (heir), as his heir at law. AND WHEREAS the said (doweress) hath requested the said (heir) to assign to her one third part of the lands and hereditaments as aforesaid, for her dower, which he hath agreed to do. NOW THIS INDENTURE WITNESSETH that, in pursuance of the said agreement, he the said (heir) HATH assigned, and by these presents DоTH assign unto the said (doweress) one third part of and in the said messuages, lands, tenements and hereditaments, by the metes and bounds (1) following, (that is to say,) ALL, Parcels. &c. (2) being one full and equal third part, by metes and bounds, of all and singular the messuages, lands, tenements and hereditaments, of which the said died seised, and of which she the said (doweress) is entitled to dower, To HAVE AND TO HOLD the said lands, tenements and hereditaments heretofore assigned or men- life. tioned or intended so to be, with their and every of their rights, members and appurtenances, unto the said (doweress) and her

To hold to the

doweress for her

practicable.

(1) Dower must be regularly assigned by metes and bounds, and not nower must be of a third part in common, 1 Roll. Ab. 683. unless where the inheritance assigned by is so entire that no division of it can be made, as in the case of a mill, metes and where the widow shall be endowed of the third toll dish, or de integro bounds, where molendino per quemlibet tertium mensem; so also she shall be endowed of the third presentation to an advowson, of the third part of the profits of a stallage, or fair, of the third part of a piscary, of the third part of the profits of court fines, heriots, &c. this being the only manner in which dower of these things can be taken; Co. Lit. 32. a. And if the property consist of mines, dower may be assigned of them either collectively with other lands, or separately of themselves; but it must be assigned by metes and bounds, if practicable, and if not, then either by a proportion of the rents and profits, or by a separate alternate enjoyment of the whole for short proportionate periods; Stoughton v. Leigh, 1 Taunt. 402. (2) Care must be taken that the lands assigned for dower be such as the wife was dowable out of, or of a rent or some other profit issuing out of the same, as an assignment of other lands, whereof she is not dowable, will be no bar to her demand of dower; Co. Lit. 34. b. unless she be a party to the deed, and consent to take such lands in satisfaction; Perk. 410; Turney v. Sturges, Dyer 91. pl. 12.

SUP.-VOL. I.

L L

Dower must be assigned out of the lands dow

able.

ASSIGNMENTS.

assigns to and for her own absolute use and benefit (1), for and Dower (by heir). during the term of her natural life, as and for and in full of her Acceptance of dower, out of the lands and hereditaments of which the said

dower.

died seised as aforesaid. AND she the said (doweress) doth hereby accept and take the said lands, tenements and hereditaments for full satisfaction of all such dower accordingly, and doth acquit, release and for ever discharge him the said (heir) of and from the same, and of and from all claims and demands whatsoever, for or in respect thereof. IN WITNESS, &c.

Assignment of dower must be absolute,

(1) The assignment of dower must be absolute, neither subject to be defeated by any condition, nor lessened by any exception or reservation; 1 Roll. Ab. 682. X. pl. 8. Co. Lit. 34. b. Wentworth v. Wentworth, Cro. Eliz. 451.

Stamp.

Common deed stamp; see post. Vol. III. "STAMP.”

No. CXLII.

An Assignment of a Deed of Indemnity (1).

ASSIGNMENTS,

Indemnity (deed).

TO ALL TO WHOM THESE PRESENTS SHALL COME, (the assignor)

day of

in the county of

of, &c. sendeth greeting. WHEREAS by an indenture bearing date Recital of deed the and made or expressed to be made between of indemnity. (the covenantor) therein described of the one part, and the said (assignor) of the other part, the said (covenantor) covenanted, promised and agreed with and to the said (assignor), his executors, administrators and assigns, that he the said (covenantor), his heirs, executors or administrators, should and would from time to time, and at all times thereafter, well and truly pay, satisfy and discharge the whole and every part of a certain yearly rent charge, or annual sum of £ charged or chargeable upon, and issuing and payable out or in respect of certain messuages, tenements and premises, situated at then purchased by the said (assignor), of him the said (covenantor), as in the said indenture is mentioned; and that he the said (covenantor), his heirs, executors or administrators should and would save, defend, keep harmless and indemnified the said (assignor), his executors, administrators and assigns, and his and their goods and chattels, messuages, or tenements and premises, of, from and against the same; and that in case he or they neglected so to do, the said (assignor), his executors, administrators and assigns, should and might enter into and distrain upon the lands and tenements of him the said (covenantor), in the said indenture more particularly described, to satisfy the same, and all costs and charges to be incurred in respect thereof (2). AND WHEREAS the said (assignor) hath lately sold

(1) If it be a Bond of Indemnity; see, ante, No. CXXXV. p. 471, 472. margin.

(2) If the deed have been previously assigned, say, Deed previously "AND WHEREAS by divers mesne assignments and other acts in assigned. the law, and particularly by a certain indenture bearing date the

ASSIGNMENTS.

Indemnity

(deed).

unto (the assignee) of, &c. the messuages, or tenements and premises, chargeable with the payment of the said yearly rent charge, or annual sum of £ and by an indenture of even date herewith, and made or expressed to be made between the said (assignor) of the one part, and the said (assignee) of the other part, the said messuages, or tenements and premises, have been conveyed and assigned, or otherwise assured unto the said (assignee), his execu tors, administrators and assigns, for the residue and remainder of the term of years then to come therein. AND WHEREAS upon the treaty for the said sale, it was agreed that the benefit of the above in part recited indenture of the day of should be assigned to the said (assignee). Now KNOW YE, that in pursuance of the said agreement, and in consideration of 5s. of lawful money of Great Britain, in hand well and truly paid by the said (assignee) to the said (assignor), at the time of the sealing and delivery of these presents, the receipt whereof is hereby acknowledged, HE the said assigns the deed (assignor) HATH assigned, transferred and set over, and by these presents DOTH assign, transfer and set over unto the said (assignee), his executors, administrators and assigns, ALL that the hereinbefore in part recited indenture mentioned to bear date the

WITNESS.

That in consideration, &c.

The assignor

of indemnity.

To hold to the assignee.

Covenant by assignor that the

deed is in full force.

day of

and all the estate, right, title, interest, property, claim and demand whatsoever, both at law and in equity, of him the said (assignor), of, in and to the same, and all benefit and advantage whatsoever, which can or may be had or derived from the same, or from all or any of the covenants, provisoes, clauses and agreements therein contained, or otherwise howsoever by reason or means thereof. TO HAVE AND TO HOLD the said in part recited indenture, and other the premises hereby assigned, or mentioned or intended so to be as aforesaid, unto the said (assignee), his executors, administrators and assigns, to and for his and their own use, behoof and benefit, absolutely and for ever. AND the said (assignor), for himself, his heirs, executors, administrators and assigns, doth covenant, declare. promise and agree with and to the said (assignee), his executors, administrators and assigns, by these presents, that for and notwithstanding any act, deed, matter or thing whatsoever, by him the said (assignor), at any time heretofore made, done, committed or know

day of

and made or expressed to be made between

of the one part, and the said (assignor) of the other part.

the said in part recited indenture was assigned to, or otherwise became vested in the said (assignor).”

ASSIGNMENTS.

Indemnity

(deed).

That he will not

rance.

ingly suffered, the said indenture hereby assigned or mentioned, or intended so to be, now is, and stands in full force and virtue in all respects AND that he the said (assignor), his heirs, executors or administrators shall not, nor will at any time hereafter, without the release. consent in writing of him the said (assignee), his executors, administrators and assigns, do, or cause to be done, any act, matter or thing whatsoever, whereby the said indenture, or any thing therein contained may or can be released, discharged or otherwise prejudicially affected, or whereby the said (assignee), his administrators or assigns, may be prevented or impeded in receiving all benefit and advantage thereof. AND further, that he the said (assignor), his Further assuheirs, executors and administrators, shall and will from time to time, and at all times hereafter, at the request, costs and charges of the said (assignee), his executors, administrators or assigns, make, do, execute and perfect all and every such further and other acts, deeds and assurances in the law whatsoever, for the further and better, or more satisfactorily assigning the said indenture and premises unto him the said (assignee), his executors, administrators or assigns, or otherwise enabling him and them to use and avail himself and themselves of the same, and the several powers and remedies thereby given, in such manner as he or they, or his or their counsel shall reasonably advise and require. IN WITNESS, &c.

Common deed stamp; see post. Vol. III. "STAMP."

Stamp.