mitted or suffered by him the said A. B., the said policy of assurance is, at the time of the execution of these presents, a good, valid, and effectual policy of assurance for the sum of £ and is now in full force, unforfeited, unsurrendered, and in nowise vitiated or become void or voidable; and that notwithstanding any such act, matter, or thing as aforesaid, the said A. B. now hath in himself good right, full power, and absolute authority to assign the said policy moneys and premises hereinbefore assigned or intended so to be unto the said C. D., his executors, administrators, and assigns, in manner aforesaid, according to the true intent and meaning of these presents :(h) and also *that he the said, [*396] A. B., his executors, and administrators, and all and every other person or persons whomsoever having or claiming, or who shall or may have or claim any right, title, or interest whatsoever in, to, out of, or upon the said policy, moneys, and premises herein before assigned or intended so to be, or any part thereof, by, through, under, or in trust for him the said A. B., his executors, or administrators, shall and will, from time to time, and at all times hereafter, upon the request and at the costs of the said C. D., his executors, or administrators, or assigns, make, do and execute, or cause and procure to be made, done, or executed, all and every such further and other lawful acts, deeds, receipts, assignments, and assurances in the law whatsoever, for the further, better, and more

(h) A covenant is sometimes inserted, that the vendor will do no act whereby the purchaser may be prevented from recovering the policy moneys; but is objectionable, since, when the vendor is an assignee, it is totally inoperative, and in like manner, when he is the assured, his release to the company, or that of his representatives after notice, would have no effect, and where the policy is on the life of the assignor, it is sufficiently ambiguous to occasion future disputes. It can scarcely be intended, that without a special agreement, a covenant should be entered into, which might render the vendor liable in damages, for any act, not in itself tortuous, which might be an infringement of one of the conditions of the policy, such as going beyond the limits of Europe without the permission of the directors (see the judgment of the Master of the Rolls in Dormay v. Borrodaile, 10 Beav. 341). A special agreement might be reasonably required, that the vendor, being the party whose life is assured, should not go beyond the limits of Europe, or upon the high seas without the specified limits, or enter into active military service, without previously giving notice to the purchaser, so as to enable him to obtain the previous permission of the directors, upon paying such additional premium as they may require. In such a case, a clause similar to the following should be added to the recital of the policy:

"Including certain stipulations thereupon endorsed, and among other things, providing, that the said policy should be rendered void if the said A. B. should go upon the high seas (unless in passing direct from one part of the United Kingdom to another, or, in time of peace, passing in decked vessels or steamboats from British to foreign ports, between the Elbe and Brest, both inclusive, or in returning therefrom), or should go beyond the limits of Europe, or enter into any military or naval service without license, in every such case, from the said directors." And the following covenant added, "And also, that the said A. B. will not at any time hereafter, so long as the said policy upon his life shall continue in force, go upon the high seas, except within the limits and in the manner prescribed by the said conditions of the said policy, or pass beyond the limits of Europe, or enter into any military or naval service, without previously giving notice unto the said C. D., his executors, administrators, or assigns, or leaving notice in writing at his or their last known place of abode in Great Britain of his intention so to do, for the purpose of enabling the said C. D., his executors, administrators, or assigns, in every such case, to obtain from the said directors the previous license mentioned in the same conditions."

effectually assigning and assuring the said policy, moneys, and premises herein before assigned or intended so to be unto the said C. D., his executors, administrators, and assigns, and for enabling him or them to recover and receive payment of the same moneys as by him or them, or his or their counsel in the law, shall be reasonably advised or required. In witness, &c.

*PRECEDENT, No. III.

[*397]

Assignment upon Sale of a Policy of Assurance, to be endorsed upon the Policy.(i)

THIS INDENTURE, made the day of, 1853, between the within-mentioned A. B. (the vendor,) of the one part, and C. D. of, &c. (the purchaser,) of the other part, WITNESSETH, that in consideration of the sum of £ as and for the purchase-money of the within-written policy of assurance by the said C. D., paid unto the said A. B., as he doth hereby acknowledge, he the said A. B. doth by these presents assign unto the said C. D., his executors, administrators, and assigns, all that the said within-written policy of assurance upon the life of the said A. B. [or upon the life of E. F., gentleman, therein described,] and the sum of £and all other moneys assured thereby, and the full benefit thereof, and all the right, title, and interest whatsoever of him the said A. B. in and to the said policy and premises [together with full power and authority to ask, demand, sue for, recover, and receive, and give effectual receipts and discharges for the said sum and sums of money, and every part thereof, in the name or names of the said A. B., his executors, or administrators :](k) TO HOLD, RECEIVE, AND TAKE the said policy, and all other the premises hereby assigned or intended so to be, unto the said C. D., his executors, administrators, and assigns, for his and their own use. AND THE SAID A. B. doth hereby for himself, his heirs, executors, and administrators, covenant with the said C. D., his executors and administrators, that notwithstanding any act or thing done or suffered by the said A. B., the said policy is now in full force, and in

(i) There is very often sufficient space left blank upon the back of a policy for the endorsement of a short deed in the above form. This is very convenient not only as a saving of expense, but as preventing the separation of the policy and assignment. When, however, this is not practicable, and brevity is an object, this form may be used by adding the descriptions of the parties, and in place of the word "witnesseth" inserting the following clause, "Whereas, the said A. B. hath contracted with the said C. D. for the sale to him of a policy of assurance effected by the said A. B. upon his own life (or upon the life of E. F. of, &c., gentleman), with the Norwich Union Life Insurance Society, numbered and at the annual premium of £: Now, this indenture witnesseth." The policy will then be referred to as "the said" instead of the "within written policy," and assigned as "the said policy."

(k) When the policy is on the life of the assignor, this power may be omitted.

nowise become void or voidable; And the said A. B. hath now good right and full power to assign the same policy in manner aforesaid; And *further that the said A. B., his executors, and administrators,

[*398] and every other person claiming or to claim by, through, or in

trust for him or them, any title or interest whatsoever to or in the same policy, shall and will at all times hereafter upon the request and at the costs of the said C. D., his executors, administrators, or assigns, do and execute, or cause or procure to be done and executed, all such further acts, receipts, and assurances for more effectually assigning or otherwise assuring the said policy unto the said C. D., his executors, administrators, or assigns, and for enabling him or them to recover or receive the moneys thereby assured, as the said C. D., his executors, administrators, or assigns shall reasonably require. In witness, &c.

PRECEDENT, No. IV.

Assignment by a Creditor of a Policy of Assurance effected by him upon the Life of his Debtor, to the latter, after the Satisfaction of the Debt. (To be endorsed upon the Policy.)

THIS INDENTURE, made the day of, 1853, between the within-named A. B., of the one part, and the within-named C. D. of the other part: Whereas the within-written policy of assurance was effected at the cost of the said C. D., as a security for a debt at the date thereof owing by him unto the said A. B., but since paid and satisfied, together with the interest thereon by the said C. D., who hath also from time to time paid the annual premiums due upon the same policy from the date thereof: And whereas the said C. D. hath by virtue of such payments become entitled to such assignment of the said policy as is hereinafter contained: Now THIS INDENTURE WITNESSETH, that in consideration of the premises the said A. B. doth by these presents assign unto the said C. D., his executors, administrators, and assigns, all that the withinwritten policy of assurance, together with the sum of £ thereby assured, and all other moneys, bonuses, and benefits which are, shall, or may be payable in respect of or otherwise incidental to the said policy, together with full power and authority in the name or names of the said A. B., his executors, or administrators, to demand, sue for, and enforce payment of all such principal *and other moneys as aforesaid, [*399] and give effectual receipts and discharges for the same, and every part thereof, TO HAVE, RECEIVE, AND TAKE the said policy and premises hereinbefore expressed to be assigned, unto and by the said C. D., his executors, administrators, and assigns, for his and their own use and benefit. And the said A. B. doth hereby for himself, his heirs, executors, and administrators, covenant with the said C. D., his executors, administrators, and assigns, that the said A. B. hath not at any heretofore made, done, committed, or suffered, or been party or privy to

time

any act, deed, matter, or thing whatsoever whereby or by reason whereof the said policy and premises hereby intended to be assigned, or any part thereof, is, can, shall, or may be in anywise charged or encumbered, or whereby he is anywise hindered from assigning the same in manner aforesaid, according to the true intent and meaning of these presents.(?) In witness, &c.

PRECEDENT, No. V.

Mortgage of a Policy of Assurance on the Life of the Mortgagor for securing a gross Sum of Money and Interest thereon.(m)

THIS INDENTURE, made the

day of

1853, between A. B.,

of, &c. (the mortgagor,) of the one part, and C. D., of, &c. (the mortgagee,) of the other part: Whereas by a policy of assurance dated the day of numbered, sealed with the common seal of the

Life Assurance Company, and signed by two of the directors of the said company, the sum of £1000 is assured to be paid unto the executors, administrators, or assigns of the said A. B. within three calendar months next after proof of his death shall have been given to the satisfaction of the directors of the said company, subject nevertheless to the annual premium of £, and to the conditions and stipulations in the same policy mentioned and *referred to: And whereas the said C. D. hath consented to lend unto the said A. B. the sum of [*400] upon having the repayment thereof, with interest at the rate of £5 for £100 for a year, secured in manner hereinafter mentioned: Now THIS INDENTURE WITNESSETH that in consideration of the sum of £ at or immediately prior to the execution of these presents to the said A. B. paid by the said C. D. (the receipt whereof the said A. B. doth hereby acknowledge,) he the said A. B. doth by these presents assign unto the said C. D., his executors, administrators and assigns, all that the said recited policy of assurance on the life of the said A. B. with the moneys thereby assured, and all bonuses thereupon and benefits. thereof, and all the right, title, and interest whatsoever of him the said A. B. therein or thereto, together with, &c. [power of attorney, short form, ante, Precedent 3.] TO HAVE, RECEIVE, AND TAKE the said policy, moneys, and premises unto the said C. D., his executors, administrators, and assigns, but subject nevertheless to the provisions for redemption next hereinafter contained, that is to say: PROVIDED ALWAYS, and it is hereby agreed and declared that in case the said A. B., his executors,

(1) This is the only covenant that a trustee (and a satisfied mortgagee is such) ever enters into in assigning the trust property.

(m) In this precedent the mortgagee relies solely upon the assigned policy. It, therefore, contains no provision for effecting a fresh policy in the event of its avoidance. For a draft containing such provisions, see Precedent, No. 7. .

nowise become void or voidable; And the said A. B. hath now good right and full power to assign the same policy in manner aforesaid; And *further that the said A. B., his executors, and administrators, [*398] and every other person claiming or to claim by, through, or in

trust for him or them, any title or interest whatsoever to or in the same policy, shall and will at all times hereafter upon the request and at the costs of the said C. D., his executors, administrators, or assigns, do and execute, or cause or procure to be done and executed, all such further acts, receipts, and assurances for more effectually assigning or otherwise assuring the said policy unto the said C. D., his executors, administrators, or assigns, and for enabling him or them to recover or receive the moneys thereby assured, as the said C. D., his executors, administrators, or assigns shall reasonably require. In witness, &c.

PRECEDENT, No. IV.

Assignment by a Creditor of a Policy of Assurance effected by him upon the Life of his Debtor, to the latter, after the Satisfaction of the Debt. (To be endorsed upon the Policy.)

THIS INDENTURE, made the day of, 1853, between the within-named A. B., of the one part, and the within-named C. D. of the other part: Whereas the within-written policy of assurance was effected at the cost of the said C. D., as a security for a debt at the date thereof owing by him unto the said A. B., but since paid and satisfied, together with the interest thereon by the said C. D., who hath also from time to time paid the annual premiums due upon the same policy from the date thereof: And whereas the said C. D. hath by virtue of such payments become entitled to such assignment of the said policy as is hereinafter contained: Now THIS INDENTURE WITNESSETH, that in consideration of the premises the said A. B. doth by these presents assign unto the said C. D., his executors, administrators, and assigns, all that the withinwritten policy of assurance, together with the sum of £ thereby assured, and all other moneys, bonuses, and benefits which are, shall, or may be payable in respect of or otherwise incidental to the said policy, together with full power and authority in the name or names of the said A. B., his executors, or administrators, to demand, sue for, and enforce payment of all such principal *and other moneys as aforesaid, [*399] and give effectual receipts and discharges for the same, and every part thereof, TO HAVE, RECEIVE, AND TAKE the said policy and premises herein before expressed to be assigned, unto and by the said C. D., his executors, administrators, and assigns, for his and their own use and benefit. And the said A. B. doth hereby for himself, his heirs, executors, and administrators, covenant with the said C. D., his executors, administrators, and assigns, that the said A. B. hath not at any time heretofore made, done, committed, or suffered, or been party or .privy to