Agreement to indemnify purchaser against rent and covenants.

That purchased pro

and C. D. shall indemnify the said parties hereto, of the second part, from and against all losses and expenses to be incurred by them by reason of any measures to be adopted for enforcing the benefit of the said securities as aforesaid.

(311.) And whereas upon the treaty for the said purchase it was agreed that the said A. B. should indemnify the said C. D. against the said rent and covenants in the manner hereinafter expressed.

(312.) And whereas the said messuages, perty is sub- lands, and other hereditaments comprised in

ject to a rent

charge, and and conveyed by the said hereinbefore re

agreement to

demise lands

as an indemnity.

to purchaser cited indentures of &c., [conveyance to purchaser,] are subject to the payment of a yearly rent-charge or annual sum of £-, under or by virtue of an indenture, bearing date &c., and made between &c.: And whereas for the purpose of indemnifying and exonerating the said A. B., and also the said messuages, lands, and hereditaments of and from the payment of the said yearly rent-charge, the said C. D. hath agreed to demise the lands and hereditaments hereinafter described, unto the said A. B. for the

term, and upon the trusts, hereinafter men

tioned. (a)

INFANT. See Age.

law of mort

(313.) And whereas the said A. B. is the That heir at eldest son and heir at law of the said C. D.,

age

of twenty-one

gagee is an

infant, and is to execute when adult, or when or-!

from Court

and is an infant under the years, and it is intended that he should exe- der obtained cute these presents after he shall be adult, of Chancery. or an order of the High Court of Chancery shall be obtained for that purpose.

Master to in

ther infant

within the

c. 60.

(314.) And whereas by an order of the Reference to High Court of Chancery, bearing date the quire whe&c., made by &c., in the matter of the said was a trustee A. B., an infant, on the petition of the said act 1 W. IV. C. D., it was ordered to be referred to the Master in rotation, to inquire how the estate in the said petition mentioned, (being the hereditaments comprised in the hereinbefore in part recited indenture of mortgage,) was

(a) Indemnities of this kind are framed in a variety of ways. Sometimes part of the purchase-money is invested in the funds in the names of trustees, or a bond, or a warrant of attorney is given. Sometimes an estate is demised for a long term, or the fee conveyed, or it is charged with a rent.

Report of
Master find.

vested in the said A. B., and whether he was an infant and trustee within the intent and meaning of the act of Parliament passed in the first year of the reign of his present

Majesty, cap. 60.

(315.) And whereas B. B., the Master in

ing infant a rotation, to whom the said matter was re

trustee with

in the act

1 W. IV. c.

60.

Order of
Court con-

port, and di

fant trustee

ferred, by his report, bearing date the &c., found that the said principal sum of £—, secured by the said indentures of the &c., and the interest thereon, had been paid off and discharged in the lifetime of the said C. D. in manner aforesaid, and that the legal estate in fee simple in the hereditaments comprised in the said indenture, was then vested in the said A. B., as the heir at law of the said A. A. deceased, and that he was an infant and trustee within the intent and meaning of the said act of Parliament.

(316.) And whereas by an order of the firming re- said Court of Chancery, bearing date &c., Fecting it made by &c., it was ordered that the said to convey. Master's report should be confirmed, and that the said A. B. should convey the estate therein mentioned, according to the said report, pursuant to the said act of Parliament.

an That infant

trustee has

of been directed

(317.) And whereas in pursuance of act of Parliament made in the first year the reign of his present Majesty, intituled "An Act for Amending the Laws respecting Conveyances and Transfers of Estates and Funds vested in Trustees and Mortgagees, and for enabling Courts of Equity to give Effect to their Decrees and Orders in certain Cases," the said A. B. hath, by an order of the High Court of Chancery, made on or about the &c., upon the petitions of C. D., been directed to convey the messuages, lands, and other hereditaments. comprised in the said hereinbefore in part recited indenture of release, and intended to be hereby granted and released, with the appurtenances, unto and to the use of the said C. D., his heirs, and assigns for ever.

to convey by

order of

Court.
(Short form.)

INQUISITION. See Felo de se, Lunacy.

INSOLVENT Debtor.

for discharge

(318.) And whereas under or by virtue of Application the provisions of an act of Parliament, made under the and passed in the seventh year of the reign Debtors' Act,

Insolvent

Conveyance by insolvent

of his late Majesty, King George the Fourth, intituled "An Act to Amend and Consolidate the Law for the Relief of Insolvent Debtors in England," the said A. B. being then in custody for debt, applied by petition to the Court for the relief of insolvent debtors, praying to be discharged under the provisions of the said act.

(319.) Whereas by indenture, bearing date debtor to the &c., between A. B., an insolvent debtor, provisional assignee. then a prisoner in the, of the one part, and the said C. D., as such provisional assignee as aforesaid, of the other part, all the estate, right, title, interest, and trust of the said insolvent debtor in and to all the real and personal estate of the said insolvent debtor, in possession, reversion, remainder, or expectancy, except the wearing apparel and other such necessaries of the said insolvent debtor and family, not exceeding in the whole the value of £20, were, among other things, conveyed and assigned to the said C. D., as such provisional assignee as aforesaid, his successors, and assigns. (b)

(b) From the form of conveyance by the provisional assignee, as prescribed by the 1 W. IV. c. 38, s. 7.