INDEMNITY. Bond of Indemnity against Ground Rents. KNOW all men by these presents, that we the rev. fir W. D. rector of the parish church of —, in the county of bart. and L. D. of, in the county of efq. (two of the executors, and alfo devisees, named in the last will and teftament of K. D. late of -, in the parish of -, in the county of, efq. deceased,) are held and firmly bound unto E. W. of—, in the faid county of—, man's mercer, in the penal fum of, of good and lawful money of Great Britain, to be paid unto the faid C. W. or his certain attorney, executors, adminiftrators, or affigns, for which payment to be well and truly made, we bind ourselves jointly and feverally, and the heirs, executors, and adminiftrators of us, and of each of us, firmly by thefe prefents, fealed, &c. dated, &c. WHEREAS M.D. of, aforefaid, widow and relict of the above mentioned K. D. deceafed, together with the above bounden fir W.D. and L. D. are refpectively entitled, under and by virtue of the laft will and teftament of the faid K. D. deceased, to certain eftates and interefts, out of or in all that meffuage, tenement, or dwelling-houfe, and premises, fituated and being on the north fide of -, aforefaid, and marked or distinguished No.now in the tenure or occupation of the faid E. W. by lawful affignment to him thereof, made in and by a certain indenture mentioned, to bear date the day of laft paft, and expreffed to be made between C. G. therein named, of the one - INDEMNITY. C. G. of the other part,) for the refidue then to come of a term of years, granted of the fame meffuage or tenement, and premises, from the feaft of which was in the year, at and under the yearly rent of £-, payable unto the faid M. D. and her affigns, during the term of her natural life, and from and after her decease, unto them the above bounden fir W. D. and L. D. their executors, adminiftrators, and affigns, for the reûdue which may be then to come of the faid term. AND whereas a certain ground-rent, or annual fum of—, is due and payable, in respect of the faid meffuage or tenement, and premifes, unto the most noble D. duke of, and his heirs. AND whereas difputes have arifen, and are ftill fubfifting between the faid M. D. and the above bounden fir W. D. and L. D. as to the due proportion of the faid ground-rent, or annual fum which of right belongeth unto them feverally to pay and sustain, in virtue of their respective eftates and interests in the said premises, by reason whereof the fame has become much in arrear: AND whereas the faid D. duke of, having required speedy payment thereof, the faid fir W. D. and L. D. have requested the faid E. W. to pay and fatisfy the fame out of the rent which fhall from time to time become due and payable by or from him, under the faid indenture of affignment, or other indenture or indentures, through which he holds or derives title unto the faid meffuage and premises, which he has agreed to do upon condition that they the faid fir W. D. and L.D. abfolutely and effectually indemnifying, and saving harmless, him the faid E. W. his executors, administrators, and affigns, from all lofs, damage, and expence, whatsoever, which he or they shall or may fuftain, or be put unto, in confequence of fuch payment, or of any fubtraction of rent, fervices, or dues, from the faid M. D. or her affigns, during her life time, or them the said fir W. D. and L. D. INDEMNITY. or either of them, or their or either of their executors, adminiftrators, or affigns, after her decease, or other perfon or perfons, in order to effectuate the faid payment. Now, therefore, the condition of this obligation is fuch, that if the faid fir W. D. and L. D. or either of them, their, or any or, either of their heirs, executors, or administrators, do, and fhall from time to time, and at all times hereafter, well, abfolutely, and effectually protect, defend, fave harmless, and keep indemnified, the faid E. W. his executors, administrators, and affigns, his and their, and every of their goods and chattels, lands and tenements, of, from, and against all and all manner of loffes, cofts, charges, expences, damages, and detriment, whatsoever, which he or they, or any or either of them, fhall or may pay, sustain, or be put unto, by reason of his, their, or either of them having substracted, withdrawn, or withheld payment of the rent or rents, duties, fervices, fum or fums of money, which at any time or times hereafter shall become due, or be payable by or from the faid E. W. his executors, adminiftrators, or affigns, unto the faid M. D. or her affigns, or unto them the faid fir W. D. and L. D. any or either of them, or any other person or persons whomsoever, during the refidue now to come and unexpired of the faid term of years, or other term or time, for or in which the faid E. W. his executors, administrators, or assigns, shall lawfully hold or occupy the faid meffuage, tenement, and premises, or any part or parts, proportion or proportions, of fuch rent or rents, duties, fervices, fum or fums of money, or any other matter, cause, or thing, relative thereto, fo that fuch rent or rents, fervices, duties, fum and fums of money, and every of them, be fo fubtracted, withdrawn, or otherwife withheld, for the only and fole pur 1 INDEMNITY. pose of paying and fatisfying unto the faid D. duke of, and his heirs or affigns, the faid ground-rent, or other annual fum lawfully due, or to grow or become due or payable to him and them, in refpect of the faid meffuage or tenement, and premises, and fo that the fame, and every part thereof, or fo much thereof as may be equal in amount to the rent or rents, fum and fums of money fo to be fubtracted or withheld, be accordingly actually and bona fide paid and fatisfied: and moreover, if the faid fir W. D. and L. D. or either of them, their, or any or either of their heirs, executors, and administrators, do, and fhall from time to time, and at all times hereafter, well and truly pay, or caufe to be paid forthwith unto the faid E. W. his executors, administrators, and affigns, all fuch fum and fums of money which he the faid E. W. his executors, adminiftrators, or affigns, or any or either of them, fhall by fuit, or action, or other proceedings at law or in equity, be compelled or compellable to pay, or shall actually have paid, over and above the rents and other payments or outgoings referved, or made payable or chargeable from or upon him or them, in and by virtue of the hereinbefore mentioned indenture of affignment, or other indenture or indentures, deed or deeds, and agreement or agreements, through or under which the faid E. W holds the said meffuage, tenement, and premises, for or on account of any fuch fubtraction, withdrawing, or withholding of rent, duties, fervices, fum or fums of money aforefaid, or for or on account of his or their paying, or having paid unto the faid D. duke of, his heirs or affigns, the faid ground-rent, or annual fum of, or any part thereof, or for, or by reafon, or on account of the faid E. W. having agreed to pay the fame in manner aforefaid, or any other matter or thing relative thereto, or to all, or any, or either of the premises, then this obligation fhall be void and INDEMNITY. of none effect, but otherwise, the same shall be and remain in full force and virtue. In witnefs, &c. Bond of Indemnity to a Sheriff, (a) on taking Poffefion and proceeding to the Sale of Goods. WHEREAS a writ of teftatum fieri facias hath if fued out of the court of king's bench, at Westminster, returnable on &c. at the fuit of S. W. against M. N. having privilege of parliament di- and also of certain other goods and effects in a house fituate at ——, in the said county, let, as it is alleged, ready furnished by the faid defendant to a tenant in poffeffion thereof (a) See ftat. 23 Hen. 6. c. 19, and Shep. Touch. c. 21, p. 373 Λ |