APPOINTMENTS. yearly rent or annual sum of £ to be paid and payable at or in Jointure (bethe common Dining Hall of the Inner Temple, London (1), between fore marriage). the hours of 10 and 12 of the clock in the day time, on the of day of the day of day and the the day of in each and every year; and also a due and proportionate part of the said yearly rent or annual sum, for or in respect of so many days as shall happen to have elapsed next after the last quarterly payment thereof, preceding the decease of the said (intended wife), up to and until the day of her death, all which said payments are to be made clear of all deductions and abatements whatsoever, the first payment thereof to be made on such of the said days, or times of payment, as shall next happen after the decease of the Power of distress said (intended husband) (2). AND the said (intended husband) in further exercise of the power and authority for this purpose to him if 14 days in ar rear. Term of years. (1) See ante, 6 MOD. PREC. p. 22. n. 26. (2) If the husband have the power of creating a term of years for the purpose of better securing the payment of the rent-charge (which will be proper in case there is any probability of the powers of entry and distress becoming ineffectual), say, "AND for better securing the payment of the said yearly rent or annual sum of £ unto the said (intended wife) as hereinbefore is mentioned, HE the said (intended husband) pursuant to and in further exercise of the power and authority for this purpose given or reserved to him by the hereinbefore in part recited indenture, HATH granted, demised, limited, and appointed, and by this present deed or writing by him sealed, delivered, and attested in the manner hereinbefore mentioned, DoTH grant, demise, limit, and appoint, that from and immediately after the decease of him the said (intended husband) leaving the said (intended wife) him surviving, ALL and singular the messuages, lands, tenements, and hereditaments hereinbefore charged with the payment of the said yearly rent or annual sum of £ shall be and enure unto (the trustees) of, &c. their executors, administrators, and assigns, for and during the full end and term of years, to be computed from the day of the death of the said (intended husband), UPON TRUST for the said (intended wife) and her assigns, for better securing the payment of the said yearly rent or annual sum of £ so limited and appointed to her , as hereinbefore is mentioned at the times and in the manner hereinbefore mentioned, in that behalf, and for that purpose to demise, lease, mortgage, sell, or otherwise dispose of the said term, or any part thereof, or the premises therein comprised, and use and exer given as aforesaid, DотH by this present deed or writing by him sealed, delivered, and attested as hereinbefore is mentioned, further grant, limit, appoint, and direct, that in case the said yearly rent or annual sum of £ or any part thereof, shall be in arrear and unpaid by the space of 14 days next over or after any or either of the days or times, at or upon which the same is hereby made payable, then and from thenceforth, and from time to time, as often as the same shall happen, it shall be lawful for the said (intended wife) and her assigns, and full and absolute power and authority is hereby given to her and them in every such case, into and upon all and every or any the messuages, lands, tenements, and hereditaments, so charged with the payment thereof, or mentioned or intended so to be as aforesaid, to enter and distrain (1), and the distress and distresses there found to lead, drive, and carry away, and sell and dispose of according to law, in like manner as in cases of distress taken for non-payment of rent reserved upon ordinary leases for years. AND FURTHER, that in case the said yearly rent or annual sum of £ or any part thereof, shall be in arrear and unpaid by the space of 28 days next over or after any of the said days or times, at or upon which the same is hereby made payable as aforesaid, then and in such case, and from time to time, as often as the same shall happen (although no formal or legal demand shall be made thereof), for her the said (intended wife) and her assigns, to enter (2) into and upon, and hold, occupy, possess, and enjoy, all and singular the messuages, lands, tenements, and hereditaments, so charged with the payment thereof, or mentioned or intended so to be as aforesaid, or into and upon any part or parcel thereof in the name of the whole, and to have, hold, occupy, possess, and enjoy the same, and receive, take, and retain the issues, rents, and growing produce thereof, to and for her, and their own use and benefit, until thereby or otherwise, she the said (intended wife) and her assigns, shall be fully paid and satisfied the said yearly rent or annual sum of £ and all arrears thereof, whether the same shall have accrued before or during the time of such possession, together with all costs, damages and expences, which she cise all and every other lawful and reasonable ways and means, incident to the said term, for raising and paying the same or any part thereof (if in arrear), or any costs, charges, or expences incurred or occasioned by any default in payment thereof." (1) See ante, MOD. PREC. Vol. VI. p. 25. n. (33). (2) See ibid. p. 26. n. (34). APPOINTMENTS. Jointure (before marriage). Power of entry if in arrear for 28 days. APPOINTMENTS. Jointure (before marriage). Covenant that husband has &c. or they shall be put unto, or sustain, or become liable to pay by reason of the non-payment thereof, which possession when taken, shall be without impeachment of waste, other than wilful and malicious waste (1). AND the said (intended husband) doth hereby for himpower to grant, self, his heirs, executors, and administrators, covenant and declare to and with the said (trustee), his executors, administrators, and assigns, that he the said (intended husband), hath at the time of the sealing and delivery of these presents, good right, full power, and lawful authority, under or by virtue of the said in part recited indenture of settlement or otherwise, to grant, limit, and appoint, unto and to, and for the benefit of the said (intended wife), for her life, and for her jointure as aforesaid, the said annual sum or yearly rent-charge of L and to make the same issuable out of and chargeable upon the aforesaid hereditaments and premises, in the manner hereinbefore Quiet enjoyment expressed. AND further, that she the said (wife) and her assigns, shall and may at all times during the term of her life (in case the said intended marriage shall take effect, and she shall happen to survive the said (intended husband) her said intended husband, peaceably and by wife. Present appoint (1) If the jointure appointed to the wife be less than the sum authorized ment not to pre- by the power, there may here be added a proviso enabling the husband to increase it to that amount, in which case say, clude further appointment. "PROVIDED ALWAYS, and it is hereby declared, that the grant, limitation, and appointment hereby made of the said yearly rent or annual sum of £ to the said (intended wife) as aforesaid, or any clause, matter, or thing, herein contained, shall not extend, or be construed to extend, to prevent or hinder the said (intended husband), at any time or times after the said intended marriage shall take effect, from granting, limiting, and appointing any further yearly rent or annual sum to the use of the said (intended wife), in case she shall survive him, to be issuing out of and chargeable upon the lands and hereditaments, to be hereby charged with the said yearly rent or annual sum of L , so that such further yearly rent, or annual sum, do not together with the said yearly rent or annual sum, so already granted, limited and appointed, exceed such yearly rent-charge or annual sum of £ as he the said (intended husband) is empowered to grant, limit, and appoint, under or by virtue of the hereinbefore in part recited indenture of release, so that such future rent-charge or rent-charges do not, together with the said rent-charge of £ hereby granted, exceed such annual sum as he the said (intended husband) is by the said in part recited indenture empowered to grant, limit, or appoint, to or for the use or benefit of any woman he might marry." , APPOINTMENTS. Jointure (before marriage). surance. quietly have, hold, receive, perceive, take, and enjoy, the said annual sum or yearly rent-charge of £ so granted, limited and appointed to her jointure as aforesaid, to and for her and their own proper use and benefit, according to the true intent and meaning of the said indenture and of these presents, without any lawful eviction, interruption, hindrance, or disturbance whatsoever, of, from, or by any person or persons whomsoever, and that free and clear, and freely and clearly acquitted, exonerated, and discharged, of, from, and against all former and other grants, limitations, appointments, jointures, charges and incumbrances whatsoever. AND further, that the. said (intended Further ashusband) and his heirs, and all and every other person and persons whomsoever, lawfully or rightfully claiming, or to claim, by, from, or under him or them, or by, from, or under the said deceased, shall and will at the request of the said ( ) at his and their own proper costs, make, do, and execute, or cause and procure to be made, done, and executed, whether by fine, common recovery or otherwise, all and every act, deed, matter or thing whatsoever, for the further, better, and more perfectly and satisfactorily granting, limiting, appointing and assuring, the said annual sum or yearly rent-charge of L , unto or for the benefit of the said (intended wife) and her assigns, during her life, in case the said intended marriage shall take effect, and she shall happen to survive the said (intended husband) her intended husband, for her jointure as aforesaid, and for the further and better enabling her, the said (intended wife) and her assigns, to receive the same, and all arrears thereof, by all or any of the ways or means aforesaid, as by him the said (trustee), his executors, administrators or assigns, or his or their counsel in the law shall reasonably require. IN WITNESS, &c. 'APPOINTMENTS. Jointure (after marriage). No. CI. * Appointment of Lands (1) by way of Jointure after marriage (2), in pursuance of a covenant contained in a marriage settlement (3). Recital of marriage settlement. parts, made the day of BE THIS INDENTURE of (1) See ante, p. 311. n. (1). (2) Although the jointure be made after the marriage, yet if it be in pursuance of covenant before the marriage to which the wife assented, it will be a bar to her dower notwithstanding. Sec. 7 of the stat. 27 Hen. VIII. c. 10. (3) See a covenant to jointure, post. COVENANT. |