^£1 UNIVERSITY OF CALIFORNIA LOS ANGELES SCHOOL OF LAW LIBRARY ~J^ ^(Vn-inv.>-io^ 3* ^7130NVS01^ v s . s — r BJiS^fn 5ra$ | fl 1 5 n i Sir 4 ! Si ll A (SErl iYfi i >^ll 1 11 i COMMON FORMS CONVEYANCING, INCLUDING RECITALS. BY CHARLES DAVIDSON, OF THE MIDDLE TEMPLE, ESQ., BARRISTER-AT-LAW. LONDON: A. MAXWELL & SON, 32, BELL YARD, LINCOLN'S INN, ICatn IBoofesdlsrs ariO ^utiUsIjm. DUBLIN: HODGES & SMITH, GRAFTON STREET. 1846. 1)3 co v. U'OOWALL, PRINTER, PKMBEETON-ROW, (.in GII>HUUARB. PREFACE. THIS Work is strictly what it purports to be, a Collection of the Common Forms used by Convey- ancers. It contains no special Forms, and is intended simply to render the preparation of certain drafts of frequent occurrence, as far as possible, mechanical, and to facilitate the mechanical part of the business. For this purpose the Forms of frequent use are repeated, in extenso, for several different kinds of property, and for several transactions which are nearly akin. The variations in each case are slight, but the saving of time and trouble will be found to be considerable, because by this means, any person, however ignorant and unskilful, if directed to the Forms needed, and furnished with the names to be substituted for the words in italics, will produce a clause requiring little or no alteration ; while, if the Forms be adapted only generally to the business in hand, it will occupy a good deal of the time of a skilled person to get it into proper shape. For instance, if it be required to adapt the Forms in a Mortgage to one Person to the case of a Mortgage to several Persons, it will be found that considerable time and labour is expended in a mere mechanical operation, which is altogether avoided by having a Form literally adapted to the case. The principle may be carried much farther than it is in the present Work, especially in the •79/070 IV PREFACE. Forms for Wills and Settlements, but the Author trusts that the following Forms will to some extent afford the draftsman the mechanical assistance re- ferred to. The Author has again the pleasure of expressing his thanks to his friend T. C. Wright, Esq., of Lincoln's Inn, for the very able and efficient assist- ance he has afforded in the preparation of the Work, and for the valuable suggestions he has made. The subject of a reform of the shape of Assur- ances now engages so much attention, that it may be proper to add, that, in the Author's opinion, Con- veyancers ought to be enabled, by legislative enact- ment, to dispense with many of the following Forms. At present however there is little prospect of this being effectuated; the steps lately taken have not been of any use, and there seems no tendency to pro- ceed in the right way. The persons who have taken charge of the reform of Conveyancing Law, though many of them of great ability and various learning, are none of them Conveyancers of experience ; and, however able a man may be, he cannot do otherwise than fail, when he attempts to improve an art which he has not practised. The following Forms have, according to modern practice, been to a great extent relieved from the verbiage and tautology of those formerly in use, and of which specimens may be seen in the schedules to the acts of the 8 & Vict. cc. 119, 124. CONTENTS. PART I. RECITALS. Puge Introduction 1 CHAPTER I. GENERAL RECITALS. 3 4 ib. ib. ib, 5 ib. ib. 6 7 8 Conveyance by lease and release to uses to bar dower Conveyance by release founded on the statute . Conveyance by appointment and lease and release . Conveyance by grant ...... Conveyance by lease and release and fine . Conveyance by a feoffment and fine .... Conveyance by bargain and sale inrolled and recovery Strict settlement on marriage ..... Settlement in trust for sale on marriage Settlement of personal estate on marriage Limitation by an indenture generally That, by several indentures and assurances, the property now stands settled to certain uses .... ib. That, by a will and appointment, the property now stands set- tled to certain uses ...... 9 That estates stand limited to certain uses . . . w. That vendor or mortgagor is entitled for a life estate under a will ib. Mortgage when not made by the mortgagor alone . . ib. Admittance to copyhold . . . . . .10 Lease . . ...... «J- Specific devise of freeholds and copyholds . . .11 General devise of real estate . . . . . ib. VI CONTENTS. Will of personalty ..... Codicil ...... Death of testator, and probate of his will and codicil Page 12 ib. ib. CHAPTER II. PARTICULAR RECITALS. Sect. I. RECITALS OF ASSURANCES. Conveyance by lease and release Conveyance by release founded on the statute Conveyance by appointment and lease and release Conveyance by grant .... Conveyance by lease and release and fine Conveyance by feoffment and fine . Conveyance by bargain and sale inrolled and recovery Mortgage ...... Deed of further charge . 13 ib. 14 ib. 15 ib. 16 ib. 17 Sect. II. KECITALS IN PURCHASE-DEEDS. Recital of trust for sale . . . Contract for sale of freeholds Contract for sale of copyholds .... Contract for sale of leaseholds Contract for purchase of freeholds Contract for purchase of copyholds Contract lor j mid mse of leaseholds H t lor sale of freebolds, copyholds, and leaseholds Apportionment of purchase-money for the stamp duty Sale by auction in pursuance of a power of sale . Sale by private contract in pursuance of a power of sale incut lor .sale l>y second inort^a^ee, subject, to a prior Tout ract for enfranchisemenl Chancery proceedings on a sate 1 ile by auction in obedience to the decree 1 r | ling on a purchase out of a fund in court 18 ib. 19 ib. ib. ib. 20 ib. 21 ib. 22 mortgage ib. 23 ib. ib. 24 CONTENTS. Vll Sect. III. RECITALS IN MORTGAGES AND DEEDS CONNECTED WITH MORTGAGES. Page Agreement for loan ...... 26 Agreement for transfer . . . . . ib. Agreement for transfer and further advances . . . ib. Agreement for mortgage, with further advances . . . ib. Agreement that loan shall be secured by a policy on the mort- gagor's life ...... 27 That policy has been effected . . . . ib. Agreement for appointment of a receiver . . . ib. Intended reconveyance . . . . . . ib. Sect. IV. RECITALS IN MARRIAGE SETTLEMENTS. Agreement for marriage settlement of real estate . . 28 Agreement for marriage settlement of personalty . . . ib. Agreement in a marriage settlement that husband should insure his own life in the trustees' names ... 29 Sect. V. ASSIGNMENTS OF TERMS TO ATTEND THE INHERITANCE. Ultimate conveyance of the freehold . . . .29 Ultimate assignment of terms .... 30 Sect. VI. RECITALS IN DISENTAILING DEEDS. Desire to bar an entail without prejudicing previous estates and powers ....... 31 Agreement of protector to consent to such settlement . . ib. Desire to bar an entail of freeholds and copyholds . . ib. Desire to bar an entail of stock, the money invested on which is liable to be laid out in land . . . . .32 Vlll CONTENTS. Sect. VII. MISCELLANEOUS RECITALS. Page That a person is seised in fee of freeholds ... 33 That a person is seised in fee of copyholds . . . ib. Agreement to release dower . . . . . ib. Surrender and admittance . . . . . ib. Covenant in a mortgage to surrender copyholds . . 34 Lease made in execution of a power in a settlement . . ib. Of a person having been found bankrupt ; and choice of assignees ib. Of a person having been found lunatic ; and appointment of committee . . . . . . .35 That a person is entitled to a policy on his own life . . ib. That a person has effected an insurance on the life of another . ib. Of a sum remaining due on a mortgage, but of interest having been paid ....... ib. Of a sum remaining due on a mortgage, with an arrear of interest thereon . . . . . . ib. Agreement for sale of an annuity .... ib. Petition for grant of letters-patent . . . .36 Death of a testator with only a will, and probate of his will . 37 Death of a testator with a will and one codicil, and probate thereof ib. Death of a testator with a will and one or more codicils, and pro- bate thereof . . . . . . . ib. Death of an intestate, and grant of letters of administration . ib. Death of administrator, and grant of administration de bonis non . ib. Death of testator, renunciation by executors, and grant of ad- ministration with the will annexed . . . .38 CONTENTS. ]X PART II. OPERATIVE FORMS. CHAPTER I. FORMS IN PURCHASE-DEEDS. Limitations Sect. I. Page 39 Sect. II. COVENANTS FOR TITLE. Freeholds .... Copyholds Leaseholds Freeholds and copyholds Freeholds and leaseholds . Copyholds and leaseholds Freeholds, copyholds, and leaseholds Personal chattels 40 42 43 45 47 50 53 56 Sect. III. Covenant to produce deeds 57 CONTENTS. CHAPTER II. FORMS IN MORTGAGES. Sect. I. COVENANTS FOR PAYMENT. Of a gross sum to one . Of a gross sum to several . Of a gross sum and further advances to one Of a gross sum and further advances to several Of an account current .... Of interest to one .... Of interest to several .... Of stock and dividends Page 60 ib. ib. 61 62 ib. 63 ib. Sect. II. PROVISOES FOR REDEMPTION. Freeholds to one ..... Freeholds to several Leaseholds or personal chattels to one . Leaseholds or personal chattels to several Freeholds and leaseholds or personal chattels to one Freeholds and leaseholds or personal chattels to several Copyholds ...... Copyholds, with either freeholds or leaseholds Tn mortgage for a gross sum and further advances to one In mortgage for a gross sum and further advances to several 1 ii mortgage to secure an account current In mortgage to secure the re-transfer of stock 64 ib. 65 ib. 66 67 ib. 68 ib. 69 70 71 Sect. III. PROVISOES FOR QUIET ENJOYMENT BY MORTGAGOR UNTIL DEFAULT. Freeholds ....... 72 Copyholds ........ 73 Lea ■ holds ....... ib. CONTENTS. XI Page Freeholds and copyholds . . . . . .73 Freeholds and leaseholds ..... 74 Leaseholds and copyholds . . . . . ib. Freeholds, copyholds, and leaseholds .... ib. In mortgage to secure a gross sum and further advances . . 7o In mortgage to secure an account current . . . ib. Sect. IV. MISCELLANEOUS PROVISOES. That the money belongs to mortgagees on a joint account . 7G For reduction of interest in mortgage to one . . . ib. For reduction of interest in mortgage to several . . 77 That money shall remain for a certain terin in mortgage to one 78 That money shall remain for a certain term in mortgage to several . . . . . . . ib. That the mortgaged estate shall be primarily charged, in exonera- tion of the mortgagor ..... 79 As to the order of liability of mortgagors and the estate . . ib. Mortgagees not to be affected by a declaration by mortgagor as to the primary liability of funds .... 80 That sureties shall, as to the mortgagees, be liable as principals . ib. In mortgage to co-partnership to secure an account current . 81 In mortgage to secure account current as to the total amount se- cured . . . . . . . ib. In mortgage to secure future advances as to total amount secured ib. Sect. V. COVENANTS FOR TITLE. Freeholds ....... 82 Copyholds ........ 83 Leaseholds ....... 84 Freeholds and copyholds . . . . . .86 Freeholds and leaseholds ..... 87 Copyholds and leaseholds . . . . . .89 Freeholds, copyholds, and leaseholds .... 91 Chattels personal . . . . . . .93 xii CONTENTS. Sect. VI. POWERS OF SALE. Page Freeholds or copyholds to one . . . . .94 Freeholds or copyholds to two or more ... 07 Leaseholds or personal chattels to one .... 100 Leaseholds or personal chattels to two or more . . 103 Freeholds or copyholds, to secure an account current . .106 Leaseholds, to secure an account current . . . 109 Sect. VII. MISCELLANEOUS CLAUSES. Trusts of policies of life assurance ..... 112 Covenants to keep up life assurances . . . .113 Covenants for fire insurance in mortgage to one . . .115 Covenants for insurance against fire in mortgage to two or more 117 Short covenants for insurance against fire . . . .118 Attornment by mortgagor in possession . . . 119 Appointment of receiver on mortgage to one . . .120 Appointment of receiver on mortgage to two or more . . 123 CHAPTER III. FORMS IN SETTLEMENTS. Sect. I. PERSONAL SETTLEMENTS. T rust for sale of real estate ..... 128 I'mvcr of leasing real estate held in trust for sale . . 129 Trust for investment, and power to vary securities . . 130 'I ru t for tin- separate use of wife .... 131 Tin i for children as the parents or the survivor appoint, and in defaull equally . . . . . ib. CONTENTS. Page Trust for children and issue as the parents or the survivor appoint, and in default equally ; with special hotchpot clause . 132 Hotchpot clause . . . . . . .133 Advancement clause ...... ib. Maintenance clause ...... 134 Accumulation clause ...... ib. Trust in default of children for the wife . . . .135 Trust in default of children ; as to part for husband, and part for wife ........ 136 Rents and profits of real estate until sale to he applied as the in- come of the purchase-money ..... 137 Covenants and clauses as to policies of life assurance . . 138 Power to lay out trust monies in the purchase of land . . 139 Agreement to settle other existing- or after-accpuired property of the wife ....... 142 Power for the trustees to apportion blended funds . . 143 Trustees' receipt clause ...... 144 Power for the trustees to arrange and compromise . . ib. Dower clause . . . . • • . 1 45 Sect. II. SETTLEMENTS OF REAL ESTATE. Limitation of a term of years .... 14G Of a life estate ....... ib, Of an estate tail ...... ib. Of estates tail to sons successively . . . . . ib. Limitations to children as the parents or the survivor of them appoint ; and, in default, as tenants in common in tail . ib. Limitation of a jointure rent-charge, with powers and term . 147 Limitations of jointure rent-charges, to take effect in different events, with powers and term . . . .149 Proviso against apportionment of rent-charges . . .150 Trusts of term to secure pin-money, with proviso for cesser . 151 Trusts of term to secure jointure rent -charge, with proviso for cesser ........ 152 Trusts of a term for raising portions for younger children . 153 Declaration as to the receipt and application of rents during mi- norities ....... 159 Power to fell timber and work mines during minorities . . 1G1 Power of jointuring ...... 162 Power to charge portions ...... 163 Power of leasing for twenty-one years .... 165 Power to grant building leases ..... 166 XIV CONTENTS. Page Power to grant mining leases ..... 167 Power of enfranchisement . . . . .168 Power of granting licenses to copyholders . . . 169 Power of partition . . . . . • 171 Power of sale and exchange . . . . .172 Trusts of copyholds to correspond with uses of freeholds . 177 Trusts of leaseholds to correspond with uses of freeholds . . ib. Trusts for renewal of leases and grants for lives or years . 178 Sect. III. 5 TRUSTEE CLAUSES. For one set of trustees . For two or more sets of trustees 179 181 CHAPTER IV. FORMS IN WILLS. Sect. I. FORMS IN WILLS OF PERSONAL ESTATE. General devise of real estate in trust for sale General bequest of personalty in trust for conversion Trusts of produce of sale and conversion of real and personal estate ...... Trust for testator's children, as wife shall appoint Hotchpot clause ..... Advancement clause ..... Maintenance clause .... Accumulation clause ..... Power of Leasing real estate held in trust for sale Knits and profits of real estate until sale to be applied as the in- come of the purchase-monies .... Devise of trust and mortgage estates Appointment of guardians .... Appointment of executors Trustees' receipt clause .... 188 184 ib. 185 ib. 186 ib. 187 ib. 188 ib. ib. 189 CONTENTS. XV Sect. II. FORMS IN WILLS OF REAL ESTATE. Page Limitation of rent-charge to testator's wife, with power of dis- tress and entry, and of a term to secure the same . . 189 Trusts of term for securing rent-charges and legacy duty thereon, with proviso for cesser . . . . . 1 90 Declaration as to receipt and application of rents during mi- norities ....... 192 Trusts of term for raising portions for younger children of testa- tor, with usual clauses and proviso for cesser . . .194 Power of jointuring ...... 198 Power of charging portions ..... 200 Power of leasing for twenty-one years .... 203 Power to grant building leases . . . ib. Power to grant mining leases ..... 204 Power of enfranchisement ...... 205 Power of granting licenses to copyholders . . . 207 Power of partition ....... 208 Power of sale and exchange ..... 209 Devise of copyholds to uses corresponding with freeholds . . 215 Devise of leaseholds on trusts corresponding with uses of freeholds ib. Provisoes as to renewal of leases and grants for lives or years . 216 Sect. III. TRUSTEE CLAUSES. For one set of trustees . . . . . .218 For two or more sets of trustees .... 219 CHAPTER V. MISCELLANEOUS FORMS. Sect. I. GENERAL WORDS. For manors and other hereditaments .... 223 For messuages and lands . . . . . ib. For houses in towns ...... ib. XVI CONTENTS. Page For lands ........ 224 Short form for any kind of property .... ib. For West India property ...... 225 Covenant against incumbrances by one mortgagee or trustee . ib. Covenants against incumbrances by two or more mortgagees or trustees ....... 226 Trust of one term of years to attend the inheritance in trust for a purchaser ....... ib. Trust of two or more terms of years to attend the inheritance in trust for a purchaser ...... 227 Trust of one term of years to attend the inheritance in trust for a mortgagee ....... ib. Trust of two or more terms to attend the inheritance in trust for a mortgagee ....... 228 Arbitration clauses ...... ib. PART I. RECITALS. INTRODUCTION. 1 HE recitals in the first of the two following Chapters (which, for the sake of distinction, have been termed " General Recitals") are the forms adapted to the commencement of a draft, and are not to be used after other recitals. The distinction is this : in the commencement of the recitals of a draft, the only thing necessary, is to shew, that, by the recited assurance, the property to be dealt with was assured or limited to the uses or for the estates specified. It is unnecessary to shew by what parties or in what particular manner this object was accomplished ; because there has been nothing before to shew that the property is vested in any particular persons, or ought to be assured in any particular way. But, when it has been shewn by the first recital that the property has been assured or limited to certain uses or for certain estates, it is necessary to recite the subsequent assurances formally and particularly, so as to shew that the property is afterwards dealt with by the persons entitled under those uses or for those estates, and that it has been dealt with by INTRODUCTION. them in such manner as they were enabled by law to deal with it, having regard to the uses or estates for which they were entitled. The practice is, in gene- ral recitals, to state the nature of the assurance, as a release grounded on a lease for a year, and the like, and that practice is, for the most part, adhered to in the present work ; but, in truth, it is sufficient to state the limitations, and to state that the property was limited, without adverting to ics having been assured or to the nature of the assurance. Examples of the latter form will be found below. The recitals in the second of the two following Chapters (which have been termed " Particular Re- citals") are the particular forms adverted to above as adapted for use after it has been shewn by a pre- ceding recital that the property to be dealt with was assured or limited to certain uses or for certain estates. CHAPTER I. GENERAL RECITALS. bar dower. I. Whereas, by an indenture of release, dated the general day of , grounded on a lease for a year, and made recitals. or expressed to be made between [parties], the and Conveyance by | m . lease and re- hereditaments hereinafter mentioned and intended to be lease to uses to hereby appointed [or granted, &c, as the case may be] were, [together with other hereditaments, and] with the appurtenances, conveyed, assured, and limited, To such uses, upon and for such trusts, intents, and purposes, and with, under, and subject to such powers, provisoes, and declar- ations, as the said [purchaser] should at any time or times, by any deed or deeds, instrument or instruments in writ- ing, to be sealed and delivered in the presence of, and to be attested by, two or more credible witnesses (a), direct, limit, or appoint ; And in default of, and until and subject to such direction, limitation, or appointment, To the use of the said [purchaser] and his assigns, for his life, without impeach- ment of waste ; With remainder To the use of the said [trustee] and his heirs, during the life of the said [pur- chaser], Upon trust for him and his assigns; With remainder To the use of the said [purchaser], his heirs and assigns. (a) If the power is not about to be exercised by the deed in which the re- cital is contained, the mode of execution, instead of being specified, should be recited thus : — " as the said [purchaser] should at any time or times, in manner therein mentioned, direct," &c. Of course the recital is to follow the language of the limitation ; the Pre- cedent is merely for the form. RECITALS. GENERAL RECITALS. II. Whereas, by "an indenture of release, dated the day of •, made in pursuance of the act for rendering a releas?founded release as effectual for the conveyance of freehold estates as on the statute. a lease and release by the same parties, and made or ex- pressed to be made between [parties], the and here- ditaments hereinafter mentioned and intended to be hereby appointed [or granted, &c, as the case may be~\ were, [toge- ther with other hereditaments, and] with the appurte- nances, conveyed, assured, and limited, To such uses, &c, ut supra, p. 3, or otherwise, as the case may be. Conveyance by appointment and lease and release. Conveyance by grant. Conveyance by lease and re- lease and fine. III. Whereas, by an indenture of appointment and release, dated &c, grounded, so far as the same operated as a release, on a lease for a year, and made or expressed to be made between [parties'], the and hereditaments here- inafter mentioned and intended to be hereby appointed and granted [or granted, &c, as the case may be] were, [toge- ther with other hereditaments, and] with the appurtenances, appointed, conveyed, assured, and limited, To such uses, &c, ut supra, p. 3, or otherwise, as the case may be. IV. Whereas, by an indenture of grant, dated &c, and made or expressed to be made between [parties], the and hereditaments hereinafter mentioned and intended to be hereby appointed [or granted, &c, as the case may be] were conveyed, assured, and limited, To such uses, &c, ut supra, p. 3, or othemuise, as the case may be. V. Whereas, by an indenture of release, dated &c, grounded on a lease for a year, and made or expressed to be made between [parties], and by a fine sur conuzance de droit come ceo, &c, duly levied in pursuance of the same Indenture, in or as of Term, in the year of the reign of his late Majesty King , before his Majesty's justices of the Court of Common Pleas at Westminster, in which was plaintiff, and were deforciants, the and hereditaments hereinafter mentioned and intended to be hereby appointed [or granted, &c, as the case may be] were, [together with other hereditaments, and] with the appurtenances, conveyed, assured, and limited, To such uses, &c., ut supra, p. 3, or otherwise, as the case may be. GENERAL RECITALS. VI. Whereas, by an indenture of feoffment, perfected general by livery of seisin, dated &c, and made or expressed to RLCITALS ' be made between [parties], and by a fine sur conuzance c ° nv ey an c e ^y de droit come ceo, &c, duly levied in pursuance of the fine. same indenture, in or as of Term, in the year of the reign of his late Majesty King , before his Majesty's justices of the Court of Common Pleas at Westminster, in which was plaintiff, and were deforciants, the and hereditaments hereinafter men- tioned and intended to be hereby appointed [or granted, &c, as the case may be~\ were, [together with other here- ditaments, and] with the appurtenances, conveyed, assured, and limited, To such uses, &c, ut supra, p. 3, or otherwise, as the case may be. VII. Whereas, by an indenture of bargain and sale in- Conveyance by rolled, dated &c, and made or expressed to be made between ] e s ^ Hed [parties] , and by a common recovery suffered in pursuance and recovery, of the same indenture in the Court of Common Pleas at Westminster, in Term, in the year of the reign of his late Majesty King , wherein the said was de- mandant, the said tenant, and the said vouchee, the and hereditaments hereinafter mentioned and in- tended to be hereby appointed [or granted, &c, as the case may be] were, [together with other hereditaments, and] with the appurtenances, conveyed, assured, and limited, To such uses, &c, ut supra, p. 3, or otherivise, as the case may be. VIII. Whereas, by an indenture of release, dated the Strict settle- day of , grounded on a lease for a year, and made ™ ent on mar " or expressed to be made between [parties], (being a settle- ment made previously to, and in consideration of, the mar- riage then intended and shortly after solemnized between the said and ), the and hereditaments here- inafter mentioned and intended to be hereby appointed [or granted, &c, as the case may be] were, [together with other hereditaments, and] with the appurtenances, conveyed, assured, and limited, To the use of the said , his heirs and assigns, until the solemnization of the said then GENERAL RECITALS. RECITALS. intended marriage ; And from and after the solemnization thereof, subject to a yearly rent-charge of £ thereby limited to and his assigns, during the joint lives of himself and the said , now deceased, and to the powers and remedies thereby limited for enforcing the payment of the said rent-charge when in arrear, and to a term of years thereby limited to the said , their executors, administrators, and assigns, upon trusts for further secur- ing the payment of the said rent-charge, (and which has now ceased by virtue of a proviso for cesser in the same indenture contained), To the use of the said [husband] and his assigns during his life, without impeachment of waste ; With remainder To the use of the said [trustees] and their heirs, during the life of the said [husband]. In trust for him and his assigns, and to preserve the contingent remainders ; With remainder To the use of the first and every other son of the said [husband] by the said [wife], severally and successively according to their respective seniorities in tail male; With remainder To the use of the first and every other son of the said [husba?id] by the said [loife] , severally and successively according to their respective seniorities in tail general ; With remainder To the use of all and every the daughters of the said [husband and wife] , as tenants in com- mon in tail general; With cross-remainders between them in tail general; With remainders over (a). Settlement in trust for sale on marriage. IX. Whereas, by an indenture of release, dated &c, made in pursuance of the act for rendering a release as ef- fectual for the conveyance of freehold estates as a lease and release by the same parties (b), and made or expressed to be made between [parties], (being a settlement made pre- viously to, and in consideration of, the marriage then intended and shortly after solemnized between the said and ), the and hereditaments hereinafter (a) Of course the recital of the limitations will he continued down to the estate Which lias been or is intended to be dealt with. (/>) This part of the recital will of course be varied according to the fact. • the various preceding Forms). GENERAL RECITALS. 7 mentioned and intended to be hereby appointed [or general granted, &c, as the case may be~] were, [together with — RECITALS " — other hereditaments, and] with the appurtenances, convey- ed, assured, and limited, To the use of the said and his heirs, until the solemnization of the said then intended marriage; And from and after the solemnization thereof, To the use of the said and ■ , their heirs and assigns, In trust &c. [See recital of trust for sale, infra, Chap. II.] X. Whereas, by an indenture, dated the day of Settlement of ii jii. it r j • ~\ personal estate , and made or expressed to be made between \ parties] , l on marr i aee on marriage (being a settlement made previously to, and in consideration of, the marriage then intended and shortly after solemnized between the said and ), it was agreed and de- clared that the said [trustees], their executors, administra- tors, and assigns, should stand and be possessed of and in- terested in a sum of £ , £ per cent. Bank Annui- ties, which had been transferred into their names as therein mentioned, In trust for the said , her [or his] exe- for wife till cutors, administrators, and assigns, until the solemniza- tion of the said then intended marriage ; And, after the solemnization thereof, Upon trust that the said trustees, or the survivor of them, or the executors or administra- tors of such survivor, should either suffer the same Bank Annuities to remain in their then state of investment, or should, with such consent or at such discretion as there- in mentioned, alter, vary, or transpose the same into or for other stocks, funds, or securities, And should, during for wife's the joint lives of the said [husband and wife], pay se P arateuse : the dividends, interest, and annual proceeds of the said trust monies, stocks, funds, or securities unto the said [ivife], for her separate use, without power of anticipation ; And after the death of such one of the said [husband and for survivor wife] as should first die, to the survivor of them, for his or or ie ' her life; And after the death of such survivor, should stand and be possessed of and interested in the said trust monies, stocks, funds, and securities, and the dividends, interest, and annual proceeds thereof, In trust for all and every, or for children such one or more exclusively, of the others or other of the y a PP omt - J ' ment ; children of the said then intended marriage, in such paits, RECITALS. GENERAL RECITALS. in default of appointment, ecpially. shares, and proportions, and at such ages, days, or times, and in such manner, as the said [husband and wife], or the survivor of them, should in manner therein mentioned (a) direct or appoint; And in default of, and until and subject to, such direction or appointment, In trust for all and every the children and child of the said then intended marriage, who, being sons or a son, should attain the age of twenty- one years, or, being daughters or a daughter, should attain that age or marry, if more than one, in equal shares ; and if there should be but one such child, the whole to be in trust for that one child (b). Limitation by an indenture generally. XI. Whereas, by an indenture, dated &c, and made or expressed to be made between [parties], the and here- ditaments hereinafter mentioned and intended to be hereby appointed [or granted, &c, as the case may be"] were limited To such uses &c, ut supra, p. 3, or otherwise, as the case may be (c). That, by se- veral indent- ures and assur- ances, the pro- perty now stands settled to certain uses. XII. Whereas, under and by virtue of an indenture, dated the day of , and made or expressed to be made between [parties] , (being a settlement made previ- ously to, and in consideration of, a marriage then intended and shortly after solemnized between the said and ), and of an indenture of partition, dated &c, and made or expressed to be made between [parties] , and of an award, under the hands of the commissioners appointed by an act of Parliament passed in the year of the reign of his late Majesty King , intituled "An Act &c. [set out the title], the and hereditaments hereinafter men- tioned and intended to be hereby appointed [or granted, (a) Of course the recital must give the expressions of the power; and if the power is to be exercised by the instrument under the recital, the mode in which it is to be exercised should be literally set out. (See supra, p. 3). (b) If there has been a default or failure of children, it will probably be necessary to recite literally the trusts to take effect on such default or failure. (c) This recital may without impropriety be substituted for any of the pre- ceding recitals relating to real estate, as the only object of all of them is to describe the limitations, and not the mode of conveyance. (See Introduction, ■.lipid, p. 2). GENERAL RECITALS. &c, as the case may be~], with the appurtenances, now general stand limited and settled To such uses &c. RECITALS. XIII. Whereas, underand by virtue of the will, dated the That.byawill — day of , of deceased, and of an appointment ment^the'pro- P re- made in exercise of a power in that behalf in the said will P ert y now ti 1111111 i n i stands settled contained, by a deed-poll dated the day ot , and to certain uses. under the hands and seals of the said and , the and hereditaments hereinafter mentioned and intended to be hereby appointed [or granted, &c, as the case may he~\ now stand limited and settled To such uses &c. XIV. Whereas the and hereditaments herein- That estates after mentioned and intended to be hereby appointed, to- certa i n uses> gether with other hereditaments in the county of , now stand limited to the use of such person or persons, for such estate and estates, interest and interests, (by way of legacy, annuity, rent-charge, or otherwise), and for such uses, intents, and purposes, and charged and chargeable with such sum and sums of money, and subject to such powers, provisoes, and limitations, as the said [appointor] shall, by any deed or deeds with or without power of revo- cation and new appointment, direct, limit, or appoint ; And in default of, and until and subject to such direction, limit- ation, or appointment, To the use of the said [appointor], his heirs and assigns (a). XV. Whereas, under and by virtue of the last will That vendor and testament of , late of , dated the day of en titied for a , the said [vendor] is seised of, or well and sufficiently life estate un- entitled to, the and hereditaments hereinafter men- tioned and intended to be hereby granted and demised, with the appurtenances, for an estate for his life in possession. XVI. Whereas, by an indenture, dated the day of Mortgage when — — , and made or expressed to be made between [parties], the mortga go r in consideration of divers sums of money, amounting in the alone (*)• (a) This recital may be used in the case of small sales of pieces of a large property, in which it is not intended to put any recitals of the title on the face of the conveyance. (b) When a mortgage made by the mortgagor alone is to be recited in 10 RECITALS. GENERAL RECITALS. Admittance to copyhold. whole to the sum of £ , paid by the said [mortgagee'] , partly to, and partly on behalf or to the account of the said [mortgagor], the and hereditaments hereinafter mentioned and intended to be hereby granted, &c. [as the case may be], were conveyed, assured, and limited, by and by the direction of the said [mortgagor], To the use of the said [mortgagee], his heirs and assigns, subject to a proviso in the indenture now in recital contained for redemption of the same premises by the said [mort- gagor], his heirs or assigns, on payment by the said [mort- gagor], his heirs, executors, administrators, or assigns, to the said [mortgagee], his executors, administrators, or assigns, of the sum of £ , with interest thereon in the meantime at the rate of £ per cent, per annum, on the day of (a). XVII. Whereas, at a court held in and for the manor of , in the county of , on the day of , the said [purchaser] was admitted, on the surrender of M. N.-, to All that [parcels from the court-rolls], To hold the same unto the said [purchaser] , his heirs and assigns, according to the custom of the said manor, and by and under the suits, services, rents, fines, and heriots therefore due and of right accustomed. Lease. XVIII. Whereas, by an indenture dated the day of , and made or expressed to be made between [par- ties], for the considerations therein mentioned, the said [lesso?-] did demise unto the said [lessee], his executors, administrators, and assigns (b), All that &c. [parcels from the commencement of a draft, it should he recited formally and particularly, so as to shew that the mortgagor was the conveying party, and therefore had the right to redeem ; but when this cannot be conveniently done, as when the mortgage is in part a transfer, though with a new proviso for redemption, or is a mortgage in a purchase-deed in which the vendors are the conveying par- ties, though the equity of redemption is vested in the purchaser, the form of recital in the text should be used. (a) Sec infra, p, 17, n. (a). (//) This is the ordinary form of reciting a lease, as well in the commence- ment of a drafl as elsewhere, but it may also be expressed, " for the considerations therein mentioned, All that &c. GENERAL RECITALS. 1 1 the lease] , with their appurtenances, To hold the same unto general the said [lessee] , his executors, administrators, and assigns, : — from the day of then last, for the term of years, at the yearly rent of £ , and under and subject to the covenants, conditions, and agreements therein con- tained, and on the part of the [lessee], his executors, ad- ministrators, and assigns, to be observed and performed. XIX. Whereas [testator], late of &c, being seised Specific de- of or entitled to the and hereditaments herein- holds and copy- after mentioned and intended to be hereby granted, &c, holds - [as the case may be], for an estate of inheritance in fee simple, and being seised of or entitled to the and hereditaments hereinafter mentioned and covenanted to be surrendered, for an absolute estate of inheritance to him and his heirs, according to the custom of the manor of which the same are holden, duly made his last will and testament, dated the day of , and thereby gave and devised the said hereditaments, (together with other hereditaments), by the description of All that his &c. [description from the will (a)], To the use of &c. And whereas the said testator died on the day of , without having re- voked or altered the hereinbefore-recited devise (b). XX. Whereas [testator], late of &c, being seised or General devise entitled for an estate of inheritance in fee simple, of or estate. to the and hereditaments hereinafter mentioned, and intended to be hereby granted, &c. [as the case may be], duly made his last will and testament, dated the [parcels from the lease], with their appurtenances, were de- mised [or appointed and demised, &c, as the case may be] unto the said [lessee], his executors, administrators, and assigns," &c. (a) If the description in the will be clear, and there are no other heredita- ments included in the devise, it will be sufficient to say, " gave and devised the same." (4) In reciting a will of real estate, it is unnecessary to recite the appoint- ment of executors or the probate of the will, as neither has any reference to the real estate. 12 RECITALS. GENERAL RECITALS. Will of person- alty. day of , and thereby gave and devised all his real estate of every description To the use of &c. (a) And whereas the said testator died on the day of without having revoked or altered his said will (b). XXI. Whereas [testator], late of &c., duly made his last will and testament, dated the ■ day of , and thereby, after giving a specific legacy and a stock legacy, and certain pecuniary legacies, gave and bequeathed all the residue of his personal estate and effects unto &c. ; And the said testator thereby gave, devised, and bequeathed all estates which, at the time of his death, should be vested in him, upon any trusts or by way of mortgage, unto his executors thereinafter named, their heirs, executors, ad- ministrators, and assigns, according to the nature and tenure of the premises respectively, Upon the trusts and subject to the equity of redemption which at his death should be subsisting in the same premises (c) ; And the said testator thereby appointed and executors of his said will. Codicil. Death of testa- tor, and probate of his will and codicil. XXII. And whereas the said testator duly made a codicil, dated the day of , to his said will, and thereby appointed to be an executor of his said will in the place of the said , who was dead, and in all other respects confirmed his said will. XXIII. And whereas the said testator died on the day of , without having revoked or altered his said will, except in so far as the same was altered by the said codicil, and without having revoked or altered his said codicil, and the said will and codicil were proved by the said [executors] in the Court of , on the day of . (a) This recital may be varied so as to apply to freeholds and copyholds, as in the last Form ; and both this and the preceding Form maybe adapted to copyholds only, by leaving out the reference to the freeholds. (//) See supra, p. 11, n. (b). ( i- 1 Of course the recital of the devise of trust and mortgage estates will be in many eases unnecessary : it is given merely as a Precedent. 13 CHAPTER II. PARTICULAR RECITALS. Sect. I. RECITALS OF ASSURANCES. I. And whereas, by an indenture of release, dated &c, of assur- grounded on a lease for a year, and made or expressed to — — — be made between [parties] , for the considerations therein i ease J^ re _ mentioned, the said did grant, release, and confirm lease - unto the said [purchaser], his heirs and assigns, the and hereditaments hereinafter mentioned and intended to be hereby appointed [or granted, &c., as the case may be], with the appurtenances, To hold the same Unto and to the use of the said [purchaser] , his heirs and assigns [or Unto the said [purchaser] and his heirs, To such uses &c, ut supra, p. 3, or otherwise, as the case may be] . II. And whereas, by an indenture of release, dated Conveyance by &c, made in pursuance of the act for rendering a release as relea ^ e ° u . n< : effectual for the conveyance of freehold estates as a lease and release by the same parties, and made or expressed to be made between [parties], for the considerations therein mentioned, the said did grant, release, and confirm unto the said [purchaser], his heirs and assigns, the and hereditaments hereinafter mentioned and intended to be hereby appointed [or granted, &c, as the case may be], with the appurtenances, To hold the same Unto and to the use of the said [purchaser] , his heirs and assigns [or Unto 14 RECITALS. OF ASSUR- ANCES. the said [purchaser] and his heirs, To such uses &c. [supra, p. 3, or otherwise, as the case may be]. Conveyance by appointment and lease and release. Conveyance by grant. III. And whereas, by an indenture of appointment and release, dated &c., grounded, so far as the same operated as a release, on a lease for a year [or made, so far &c., in pursuance of an act &c], and made or expressed to be made between [parties], for the considerations therein mentioned, and in exercise of a power therein referred to, the said did direct, limit, and appoint, that the and hereditaments thereinafter mentioned and intended to be thereby granted and released, with the rights, easements, and appurtenances, should thenceforth go, remain, and be To the use of the said [purchaser], his heirs and assigns [or To the uses thereinafter limited and declared, and herein- after mentioned] ; And by the said indenture now in recital, for the considerations therein mentioned, the said did grant, release, and confirm unto the said [purchaser] and his heirs the and hereditaments hereinafter mentioned and intended to be hereby appointed [or granted, &c, as the case may be], [together with other hereditaments, and] with the appurtenances, To hold the same Unto and to the use of the said [purchaser], his heirs and assigns [or To the uses thereinafter limited and declared and here- inafter mentioned; And it was by the indenture now in recital declared, that the direction, limitation, and appoint- ment, and the grant, release, and confirmation, thereinbefore contained should operate and enure To such uses &c. Uses to bar doiver, see the recital, supra, p. 3, or otherwise, as the case may be]. IV. And whereas, by an indenture of grant, dated &c, and made or expressed to be made between [parties], for the considerations therein mentioned, the said did grant unto the said [purchaser], his heirs and assigns, the and hereditaments hereinafter mentioned and intended to be hereby appointed [or granted, &c, as the case maybe], with the; appurtenances, To hold the same Unto and to the use of the said [ purchaser] , his heirs and assigns [or Unto PARTICULAR RECITALS. 15 the said [purchaser] and his heirs, To such uses &c, ut of assur- supra, p. 3, or otherwise, as the case may be] . ances. V. And whereas, by an indenture of release, dated Conveyance &c, grounded on a lease for a year, and made or ex- h l lease ai ,'^ ' " J ' release and hne. pressed to be made between [parties], for the considei'ations therein mentioned, the said did grant, release, and confirm unto the said [purchaser'], his heirs and assigns, the and hereditaments hereinafter mentioned and intend- ed to be hereby appointed [or granted, &c, as the case may be], with the appurtenances, To hold the same Unto and to the use of the said [purchaser], his heirs and assigns [or Unto the said [purchaser] and his heirs, To such uses &c. supra, p. 3, or otherwise, as the case may be] ; And in the said indenture now in recital was contained a covenant by the said , that he the said , or his heirs, would, in or as of Easter Term then next, duly acknowledge and levy one or more fine or fines sur conuzance de droit come ceo, &c, of the aforesaid and hereditaments, in which should be plaintiff and deforciant, and which said fine should enure To the use of the said [purchaser], his heirs and assigns [or To the uses thereinbefore limited and declared, and hereinbefore mentioned concerning the same hereditaments]. And whereas, in pursuance of the cove- nant aforesaid, the said duly levied a fine sur conuzance de droit &c., in or as of Easter Term, in the year of the reign of his late Majesty King , before his Majes- ty's justices of the Court of Common Pleas at Westminster, in which was plaintiff and was deforciant. VI. And whereas, by an indenture of feoffment, perfect- Conveyance ed by livery of seisin, dated &c, and made or expressed to a^fi^e" 16 " be made between [parties], for the considerations therein mentioned, the said did grant, enfeoff, and confirm unto the said [purchase?-] and his heirs the and here- ditaments hereinafter mentioned and intended to be hereby appointed [or granted, &c, as the case may be], with the appurtenances, To hold the same Unto and to the use of the said [purchaser] and his heirs [or Unto the said [pur- \6 OF ASSUR- ANCES. RECITALS. chaser] and his heirs, To such uses &c] ; And in the said indenture now in recital was contained a covenant, &c. [as in the last Recital]. Conveyance by VII. And whereas, by an indenture of bargain and sale bargain and sale mro Ued, dated &c, and made or expressed to be made be- lnrolled and ' m L recovery. tween [parties], for the considerations therein mentioned, the said did grant, bargain, sell, release, and confirm unto the said [tenant to the praecipe], his heirs and assigns, the said and hereditaments hereinafter mentioned and intended to be hereby appointed [or granted, Sec, as the case may be], with the appurtenances, To hold the same Unto and to the use of the said [tenant to the prae- cipe], his heirs and assigns, to the intent that he might become immediate tenant of the actual freehold of the said hereditaments, to the end that one or more good and per- fect common recovery or recoveries, with double voucher, wherein the said should be demandant, the said Mortgage. tenant, and the said vouchee, might be had and suf- fered of the same hereditaments, and which said recovery or recoveries it was thereby declared should enure To such uses &c. And whereas, in pursuance of the said herein- before-recited indenture, a common recovery, with double voucher, wherein the said was demandant, the said ■ tenant, and the said vouchee, was duly suffered in the Court of Common Pleas, at Westminster, in Term, in the year of the reign of his late Majesty King . VIII. And whereas, by an indenture of release, dated &c, grounded on a lease for a year, and made or expressed to be made between [parties] (a), for the consideration therein mentioned, the said [mortgagor] did grant and release unto the said [mortgagee], his heirs and assigns, the and hereditaments hereinafter mentioned and intended to be hereby granted, with the appurtenances, To hold the same (a) This part of the recital will of course vary according to the forms of the assurances. See the preceding Forms. PARTICULAR RECITALS. 17 Unto and to the use of the said [mortgagee], his heirs and of assur- assigns, subject to a proviso in the indenture now in recital - — contained for redemption of the same premises on payment by the said [mortgagor], his heirs, executors, administra- tors, or assigns, to the said [mortgagee] , his executors, ad- ministrators, or assigns, of the sum of £ , with interest thereon in the meantime at the rate and on the day in the said indenture now in recital mentioned («). IX. And whereas, by an indenture, dated the Deed of fur- day of , and made or expressed to be made between r char S e - [parties], in consideration of the further sum of £ paid by the said [mortgagee] to the said [mortgagor], the said [mortgagor] did covenant with the said [mortgagee], his executors, administrators, and assigns, that the said heredi- taments comprised in the said indenture of the day of [the mortgage] should thenceforth be charged and chargeable as well with the payment of the said sum of £ [original debt] and interest, as of the sum of £ [further advance], with interest for the same after the rate of £ — per cent, per annum. (a) If the old form of proviso for redemption is used in which the in- terest and principal are made payable on different days, the form should be— " of the sum of £ on the day therein mentioned, with interest thereon in the meantime, at the rate, on the days, and in manner therein mentioned." RECITALS. Sect. II. RECITALS IN PURCHASE-DEEDS. IN PURCHASE- DEEDS. Recital of trust for sale ; — power to give receipts; I. Upon trust that the said [trustees], and the survivors or survivor of them, or the heirs of such survivor, should, at any time or times, (but with the consent in writing of the said during his life), absolutely sell and dispose of the said hereditaments and premises, either together or in parcels, and either by public auction or private contract, for such price or prices as the said [trustees'], or the survivors or survivor of them, or the heirs of such survivor, should think fit. And by the indenture now in recital it was provided and declared, that the receipt or receipts in writing of the trustees or trustee for the time being acting in the execu- tion of the trusts thereof, for any sum or sums of money payable for the purchase of the said premises, should be an effectual discharge or effectual discharges for the money in such receipt or receipts respectively acknowledged to be re- ceived ; And that the purchaser or purchasers, his or their heirs, executors, administrators, or assigns, should not after- wards be answerable or accountable for any loss, misappli- cation, or non-application, or be in anywise concerned to see to the application of the money therein acknowledged to be received. Contract for sale of free- holds. II. And whereas the said [vendor] hath contracted and agreed with the said [■purchaser'] for the absolute sale to him of the and hereditaments hereinafter mentioned and intended to be hereby appointed [or granted, &c, as the case may be], with the rights, easements, appurte- nances, and the inheritance thereof, in fee simple in posses- sion, free from incumbrances (a), at or for the price or sum of £ . (a) This is the common form of this and the following recitals ; but the true contract is not free from incumbrances absolutely, but free from incumbrances PARTICULAR RECITALS. 19 III. And whereas the said [vendor] hath contracted in purchase- and agreed with the said [purchaser] for the absolute sale — JMl,D — to him of the and hereditaments hereinafter mentioned Contr * ct for sale ot copy- and covenanted to be surrendered, with the appurtenances holds. and the absolute inheritance thereof in possession, accord- ing to the custom of the manor whereof the same are held, free from all incumbrances, except the rents, fines, heriots, suits, and services therefor due and of right accustomed, at or for the price or sum of £ . IV. And whereas the said [vendor] hath contracted Contract for and agreed with the said [purchaser] for the sale to him of holds. the said hereditaments and premises comprised in the said indenture of the day of [the lease] , for the resi- due now to come of the said term of years, free from incumbrances, except the rent, covenants, conditions, and agreements in the said indenture of the day of contained, and on the part of the lessee, his executors, ad- ministrators, and assigns, to be paid, observed, and per- formed, at or for the price^or sum of £ . V. And whereas the said [purchaser] hath contracted Contract for and agreed with the said [vendor] for the absolute purchase freeholds. of the and hereditaments hereinafter mentioned and intended to be hereby appointed [or granted, &c, as the case may be], with the rights, easements, appurte- nances, and the inheritance thereof, in fee simple in posses- sion, free from incumbrances, at or for the price or sum of £ (a). VI. And whereas the said [purchaser] hath contract- Contract for ed and agreed with the said [vendor] for the absolute pur- copyhoids° created by the vendor and those through whom he claims. The covenants for title, however, prevent any misconstruction of the recital. (a) Generally speaking, it is a matter of no consequence whether the con- tract is recited as for a sale or a purchase ; but where the sale is by trustees or the donees of a power of sale, it is more correct to recite the contract as a contract for sale, while, if the purchasers are trustees, it is more correct to recite the contract as a contract for purchase. c 2 20 RECITALS. IN PURCHASE. DEEDS. chase of the and hereditaments hereinafter mentioned and covenanted to be surrendered, with the appurtenances and the inheritance thereof, in possession, according to the custom of the manor whereof the same are held, free from all incumbrances, except the rents, fines, heriots, suits, and services therefor due and of right accustomed, at or for the price or sum of £ . Contract for purchase of leaseholds. VII. And whereas the said [purchaser] hath contracted and agreed with the said [vendor] for the purchase of the said hereditaments and premises comprised in the said indenture of the day of ■ [the lease] , for the residue now to come of the said term of } r ears, free from incumbrances, except the rent, covenants, conditions, and agreements in the said indenture of the day of [the lease] reserved and contained, and on the part of the lessee, his executors, administrators, and assigns, to be paid, observed, and performed, at or for the price or sum of £. . Contract for sale of free- holds, copy- holds, and leaseholds. VIII. And whereas the said [vendor] hath contracted and agreed with the said [purchaser] for the absolute sale to him of the and hereditaments hereinafter mentioned and intended to be hereby appointed [or granted, &c, as the case may be], with the rights, easements, and ap- purtenances, and the inheritance thereof, in fee simple in possession, free from incumbrances ; And also of the said and hereditaments hereinafter mentioned and cove- nanted to be surrendered, and the absolute inheritance thereof, in possession, according to the custom of the manor of which the same are held, free from incum- brances, except the rents, fines, heriots, suits, and services therefor due and of right accustomed ; And also of the said leasehold hereditaments and premises comprised in the said indenture of the day of [the lease], for the residue: now to come of the said term of years, free from incumbrances, except the rent, covenants, condi- tions, and agreements in the said indenture of the day of reserved and contained, and on the part of the lessee, his executors, administrators, and assigns, to be PARTICULAR RECITALS. 21 paid, observed, and performed, at or for the price or sum in i-cacHASE- of£ . DEEDS. IX. And whereas, for the purposes of the act of Par- Apportionment .. . , , , of purchase- hament imposing an ad-valorem duty upon conveyances on mone y for the the sale of land or other property, it hath been agreed that stam P dut y- the sum of £ , part of the said purchase-money, shall be the price of the said freehold hereditaments, that the sum of £ , other part of the said purchase-money, shall be the price of the said copyhold hereditaments, and that the sum of £ , the residue of the said purchase-money, shall be the price of the said leasehold hereditaments and premises (a). X. And whereas, default having been made in pay- Sale by auction ment of the said sum of £ [the mortgage debt] at the ^J^gr "oTsale. time in the said indenture [the mortgage] appointed for payment thereof, the said [mortgagee] , pursuant to the said power of sale given to him as hereinbefore is mentioned, caused the said hereditaments hereinafter mentioned and intended to be hereby granted, with the appurtenances, together with other hereditaments included in the said indenture of the day of [the mortgage] , to be put up for sale by public auction on the day of , by a particular of sale, in ■ lots, the lot comprising the said hereditaments intended to be hereby granted. And whereas., at the said sale, the said was the highest bidder for, and was declared the purchaser of, the said hereditaments comprised in the said lot, for the price or sum of £ , and immediately after the said sale paid the sum of £ to or on account of the said [mortgagee], (a) As regards copyholds this recital is nearly always necessary, because they are nearly always assured by a separate assurance, viz. the surrender; but, as regards leaseholds, it is seldom necessary, as the leaseholds are generally as- signed by the principal deed. The apportionment may be made as the parties think fit, and is of course so made as to render the duty payable as small as possible. 22 RECITALS. purchase- by way of deposit and in part payment of the said sum of DEEDS. n , x £ (a). Sale by private contract in pursuance of a power of sale. XL An d whereas, default having been made in payment of the said sum of £ [the mortgage debt] on the said day of , the said [mortgagee], pursuant to the said power of sale given to him as hereinbefore is men- tioned, hath contracted and agreed with the said [pur- chaser] for the sale to him of the said hereditaments here- inafter mentioned and intended to be hereby granted, and the inheritance thereof, in fee simple in possession, free from incumbrances by the said [mortgagee] , at or for the price or sum of £ (b). Agreement for sale by second mortgagee sub- ject to a prior mortgage. XII. And whereas the said [second mortgagee] , in ex- ercise of the said power of sale given to him by the said indent- ure of the day of [the second mortgage], hath con- tracted and agreed with the said [jmrchaser] for the abso- lute sale to him of the said and hereditaments herein- after mentioned and intended to be hereby granted with the rights, easements, and appurtenances, and the inheritance thereof, in fee simple in possession, free from incumbrances, at or for the price or sum of £ . And whereas, upon the treaty for the said sale, it was agreed that the said sum of £ so owing to the said [first mortgagee] on the se- curity of the hereinbefore-recited indenture of the day of [fi rs l mortgage] as aforesaid should not be paid off, but should be retained by the said [purchaser] out of the said purchase-money or sum of £ , and that the said [first mortgagee] should join in these presents in («) The recital of a sale by auction is necessary only in the very rare case of a trust or power for sale being confined to a sale by auction only : in all other ruses an ordinary recital of a contract for sale, without adverting to the mode of sale, is be used. See the next recital. {b) Either "f tin- foregoing recitals will answer for the recital of a contract l',,r snie under m power or trust for sale in a settlement, by omitting the men- tion of the default in payment of the mortgage-money, and adding words to testify the consent of any person whose consent may be required. PARTICULAR RECITALS. 23 manner hereinafter appearing, and that the payment of the in purchase. said sum of £ so owing to him as aforesaid, with interest '■ — '- at the rate hereinafter mentioned, should be further se- cured in manner hereinafter appearing. XIII. And whereas the said hath contracted and Contract for agreed with the said for the enfranchisement to him of n " e nt" C * the and hereditaments hereinafter mentioned and in- tended to be hereby enfranchised, with their appurtenances, at or for the price or sum of £ . XIV. And whereas, by a decree or decretal order Chancery pro- made on the day of , in a cause in the High g!^ 1 "^ ° Court of Chancery, in which , on behalf of himself and all other the creditors of the said [testator'] , was plaintiff, and the said and ■ were defendants, it was de- clared that the said will of the said [testator] was well proved, and that the same ought to be established, and the trusts thereof performed and carried into execution, and the said Court did order and decree the same accordingly ; And it was thereby also declared, that the real estate of the said [testator] was liable to make good the deficiency of his per- sonal estate to pay and satisfy his debts ; And it was thereby ordered that the real estate of the said [testator] should be sold, with the approbation of Master , one of the Masters of the said court, to the best purchaser or pur- chasers that could be got for the same, to be allowed of by the said Master, wherein all parties were to join as the said Master should direct ; And it was thereby also ordered, that the money to arise by the said sale should be paid into the Bank, with the privity of the accountant-general of the said court, to be there placed to the credit of the said cause. XV. And whereas, in pursuance of the said decree or The sale by decretal order, the said and hereditaments hereinafter c ij ence t0 t ] ie mentioned and intended to be hereby granted with the ap- decree, purtenances, and also several other hereditaments part of the estate of the said were, with the approbation of the said Master, put up to sale by public auction on the day of last, in lots, by a particular of sale, (the 24 RECITALS. IN P0RCHA8E- DEEDS. — of the Mas- ter's report of the sale. — of confirma- tion of the report. — of payment of purchase-money into the Bank. lot comprising the said and hereditaments intended to be hereby granted, and at the said sale the said was declared the best bidder for, and purchaser of, the said and hereditaments comprised in the said lot, at or for the price or sum of £ ; And the said Master reported the same to the said Court by a report dated the day of last. And whereas, by an order of the said Court, made in the said cause on the ■ day of ■ last, the said report was confirmed nisi, and the said order by an order of the said Court made on the day of last was made absolute. And whereas, in obedience to the said decree or decretal order, the said did, on the day of last, with the privity of the said accountant-general of the said court, pay the said sum of £ into the Bank of England to the credit of the said cause. Chancery pro- ceedings on a purchase out of a fund in court. Reference to the Master respecting a purchase. XVI. [After recitals of a ivill directing money to he laid out in the purchase of land, and of the institution of a suit for carrying into effect the trusts of the will, and of an agree- ment by the trustees of the will for the purchase of an es- tate: — ] And whereas, by an order of the said Court, dated the day of , after stating the said agreement, and that there was then standing in the name of the said account- ant-general, in trust in the said cause, " The Account of the clear Residue of the said Testator's Estate," the stocks or funds therein mentioned, including the sum of £■ 31. per Cent. Consolidated Bank Annuities, it was ordered that it should be referred to Master , to whom the said cause stood referred, to inquire whether the said free- hold estate and hereditaments, situate in the parish of , in the county of , the property of the said [vendors] , was a proper estate, and of suflicient value, to be purchased out of the said trust funds in the said cause upon the trusts of the will of the said [testator] , at the price of I' ; And if the said Master should find the said (state and hereditaments to be a proper purchase, and of sufficient value to be purchased out of the said trust funds at the price aforesaid, then that 1k> should inquire whether food title could be made thereto, and should state the PARTICULAR RECITALS. 25 result of his said inquiries, with his opinion thereon, to the in purchase- said court. And whereas the said Master, by his report, deeds. dated the day of , and made in pursuance of the Master .' s re P°rt J l approving pur- said order, certified, that, upon making the said inquiries, chase. and upon considering the affidavit of , of &c, land surveyor, who had then lately surveyed and valued the said estate at aforesaid, he was of opinion that the said estate was a proper estate, and of sufficient value, to be pur- chased out of the said trust funds, upon the trusts of the will of the said [testator], at the price of £ , and that the abstracts of the title to the said estate having been laid before him, (the said Master), he had perused and con- sidered the same, and was of opinion that a good title could be made thereto. And whereas, by another order made Order confirm- in the said cause, dated the clay of last, it was ™S report, and ordered, that the said Master's report should be confirmed, of stock to and that the said accountant-general should sell so much of ralse P urchase - ° money, the said sum of £ 31. per Cent. Consolidated Bank Annuities standing in his name, in trust in the said cause, " The Account of the clear Residue of the said Testator's Estate," as would be sufficient to raise the sum of £ , (being the said sum of £ the amount of the purchase- money for the said estate, and £ the ad-valorem duty on the said purchase), and that the said sum of £ should be paid to Mr. , clerk to the said Master, to discharge the said ad-valorem duty ; And that it should and referring be referred to the said Master to settle proper deeds, con- j^jjjjjj ? veyances, and assurances for conveying and assuring the ances. said freehold estate and hereditaments Unto and to the use of the said [trustees of the tvill], or of the trustees for the time being of the will of the said [testator], Upon the trusts by the said will declared concerning the estates thereby directed to be purchased ; And that, upon the ex- ecution of the said deeds, conveyances, and assurances by all necessary parties, as the said Master should direct, (such execution to be certified by him), the said sum of £ [purchase-money], so to be raised as aforesaid, should be paid to the several persons and in the proportions following ; (that is to say), &c. 26 RECITALS. IN PURCHASE- DEEDS. — of Master's settling and approval of conveyance. XVII. And whereas the said Master •hath settled and approved of these presents as a proper conveyance and as- surance of the said and hereditaments hereinafter men- tioned and intended to be hereby granted [or appointed, &c, as the case may be], and hath testified such approval by signing his name in the margin of these presents. Sect. III. IN MORTGAGES AND DEEDS CONNECTED WITH MORT- GAGES. Agreement for loan. Agreement for transfer. RECITALS IN MORTGAGES AND DEEDS CONNECTED WITH MORTGAGES. I. And whereas the said [mortgagee'] hath agreed to lend to the said [mortgagor] the sum of £ , upon having the repayment of the same, with interest after the rate of £ per cent, per annum, secured in manner hereinafter appearing. II. And whereas the said [transferee] hath agreed, at the request of the said [mortgagor], to pay to the said [mortgagee] the sum of £ [the amount due], upon having such transfer as is hereinafter contained of the said mortgage debt of £ and interest, and the securities for the same. Agreement for transfer and farther ad- vance. III. And whereas the said [transferee] hath agreed, at the recpacst of the said [mortgagor], to pay to the said [mortgagee] the sum of £ [the amount due], and to lend to the said [mortgagor] the further sum of £ , making together the total sum of £ , upon having such transfer as is hereinafter contained of the said mort- gage debt of £ and interest, and the securities for the same, and upon having the said aggregate sum of £ secured in manner hereinafter appearing. Agreement IV. And WHEREAS the said [mortgagee] hath agreed to PARTICULAR RECITALS. 27 lend the said [mortgagor] the sum of £ , upon having in mortgages the repayment thereof, with interest at the rate herein- connected after mentioned, and also of any other sum or sums of with mort- money which may be advanced or paid by the said [mort- gagee], his executors, administrators, or assigns, to or on ^uh further 6 ' account of the said [mortgagor], his executors, administra- advances; tors, or assigns, with interest at the rate hereinafter men- tioned, secured in manner hereinafter appearing. V. And whereas, upon the treaty for the said intended Agreement that loan, it was agreed, as part of the security for the repay- secure( i by a ment of the same, with interest after the rate aforesaid, that policy on the . . , _ , mortgagor s a policy of assurance for the sum of £ should be effected iif e . on the life of the said [mortgagor"] , in the name of the said [mortgagee], to be held upon the trusts hereinafter de- clared of the same, and subject to the proviso for redemp- tion hereinafter contained ; And that the said [mortgagor] should enter into such covenants respecting the same as are hereinafter contained. VI. And whereas, in pursuance of the said agreement That policy has in this behalf, the said [^mortgagor] has effected an assur- ance on his life for the sum of £ , in the name of the said [mortgagee], in the Assurance Office, by a policy of assurance, dated the day of , numbered , and under the annual premium of £ . VII. And whereas, upon the treaty for the said mort- Agreement for gage, it was agreed, that, for securing the punctual and ^°^™ ent of o o ' o ' ox a receiver. regular payment of the interest for the said sum of £ , the said should be appointed receiver, with the powers hereinafter given him, of the rents and profits of the said and hereditaments mentioned in the said schedule hereunder written or hereunto annexed, and that these presents should contain such covenants, clauses, and pro- visions as are hereinafter contained in relation thereto. VIII. And whereas the said [mortgagor] is desirous of Intended paying off the said principal sum of £ , and that the and other hereditaments, with the appurtenances, 28 RECITALS. in mort- by the within-written [or the hereinbefore-recited] indent- gages and ure g ran ted [or released, &c., as the case may be], or ex- nected with pressed and intended so to be, shall be reconveyecl Unto and mortgages. tQ t j ie uge Q £ ^im t ^ e ggjfl [ mor tgagor], his heirs and as- signs, or [To the uses and] in manner hereinafter appearing. Sect. IV. IN MARRIAGE SETTLEMENTS. Agreement for marriage settle- ment of real estate. RECITALS IN MARRIAGE SETTLEMENTS. I. And whereas a marriage has been agreed upon, and is intended to be shortly solemnized, between the said and . And whereas, upon the treaty for the said intended marriage, it was agreed that the said and hereditaments hereinafter mentioned and intended to be hereby appointed [or granted, &c., as the case may be], with the rights, easements, and appurtenances, should be settled and assured To the uses, upon and for the trusts, intents, and purposes, and with, under, and subject to the powers, provisoes, agreements, and declarations, here- inafter limited, declared, and contained of and concerning the same. Agreement for marriage set- tlement of per- sonalty. II. Whereas a marriage has been agreed upon, and is intended to be shortly solemnized, between the said and . And whereas, upon the treaty for the said intended marriage, it was agreed that the sum of £ £ per Cent. Bank Annuities, belonging to the said , and then standing in her name, should be trans- ferred into the names of the said [trustees], and that the said [trustees], their executors, administrators, and assigns, should stand and be possessed of, and interested in, the same, and the dividends and annual produce thereof, Upon and for the trusts, intents, and purposes, and with, under, and subject to the powers, provisoes, and declarations, here- inafter declared and contained of and concerning the same. And whereas, in pursuance of the said agreement, the PARTICULAR RECITALS. said has, with the privity and consent of the said , (testified by his being a party to and executing these presents), transferred the said sum of £ — I. per Cent. Bank Annuities into the names of the said [trustees]. 29 IN MARRIAGE SETTLEMENTS. III. And whereas, upon the treaty for the said mar- Agreement riage, it was agreed that the said [husband] should effect a Be ttlement that policy of assurance on his own life, in the names of the said husband should r -. . , „ a , , , , . , insure his own [trustees], m the sum of k, , and should enter into such nf e i n thetrus- covenants respecting the same as are hereinafter contained ; lees names - And that the said [trustees'], their executors, administra- tors, and assigns, should stand and be possessed of, and in- terested in, the said policy of assurance, and all monies to become payable under the same, Upon and for the trusts, intents, and purposes, and with, under, and subject to the powers, provisoes, declarations, and agreements, hereinafter declared, and expressed or referred to, of and concerning the same. Sect. V. ASSIGNMENTS OF TERMS TO ATTEND THE INHERITANCE. IN ASSIGN- MENTS OF TERMS TO AT- TEND THE INHERITANCE. I. And whereas, after divers mesne assurances and acts in the law, ultimately, by an indenture of release, dated the day of , made in pursuance of the act for rendering a release as effectual for the conveyance of free- hold estates as a lease and release by the same parties (a), veyan c e (rfthe and made or expressed to be made between [parties], the freehold, reversion, freehold, and inheritance expectant on the said term of years of and in the said hereditaments and premises therein comprised and hereinbefore particu- larly described were conveyed, assured, and limited Unto (a) Of course this will be varied according to the facts. 30 RECITALS. IN ASSIGN- MENTS OF TERMS TO AT- TEND THE INHERITANCE. Ultimate as- signment of terms. and to the use of the said , his heirs and assigns [or To such uses, &c, as the case may be~\. II. And whereas, after divers mesne assignments and acts in the law, ultimately, by an indenture of assignment, dated the of , and made or expressed to be made between [parties'], All such and so many and such part and parts of the said hereditaments and premises comprised in the said indenture of the day of [that creating the term] as by the said indenture of release of the day of ■ [the last previous conveyance of the fee] were conveyed, assured, and limited To the use of the said , his heirs and assigns [or To the uses hereinbefore recited], or expressed and intended so to be, were assigned unto the said [trustee] , his executors, administrators, and assigns, for the then residue of the said term of years, In trust for the said [purchaser], his heirs and assigns [or heirs, ap- pointees, and assigns, &c, as the case may be], and to be assigned as he or they should direct or appoint, and in the meantime In trust to permit the residue of the same term to wait upon and attend the freehold and inheritance of the said hereditaments and premises therein comprised, so as to protect the same from all mesne incumbrances, if any such there were (a). (a) If the last conveyance of the fee comprised all the premises in the term, the recital will be — " All such and so many and such part and parts of the said hereditaments and premises comprised in the said indenture of the day of [that creating the term] as by the said indenture of assignment of the day of [the last previous assignment of the term] were assigned unto the said [trustee], his executors, administrators, and assigns," &c. The trust is always to be recited literally. Since the Act 8 & 9 Vict. c. 2, assignments of terms already attendant upon the inheritance will probably be rare; but as they will still occasionally occur in cases not met by the act, it has been thought proper to insert t lie above recitals. PARTICULAR RECITALS. 31 Sect. VI. RECITALS IN DISENTAILING DEEDS. I. And whereas the said [tenant in tail] is desirous of barring and defeating the said estate tail, and all other estates tail of him the said [tenant in tail] of or in the and hereditaments hereinafter mentioned or referred to and intended to be hereby granted, and all remainders, reversions, estates, rights, titles, interests, and powers to take effect after the determination or in defeazance of such estate in tail, or estates in tail, and of limiting and assur- ing the same hereditaments and premises to the uses, upon the trusts, and subject to the power of appointment hereinafter limited and contained, subject nevertheless and without prejudice to the estates by the said indenture of the day of limited, which precede the estate in tail thereby limited to the first son of the said on the body of the said to be begotten, and to the powers and privileges to the same preceding estates an- nexed or belonging, or exercisable during the continuance thereof, so far as the same estates, powers, and privileges are now subsisting or capable of taking effect. And whereas the said , as protector of the said settle- ment, hath agreed to become a party to these presents, for the purpose of giving his consent to the disposition intended to be hereby made by the said [tenant in tail]. IN DISENTAIL- ING DEEDS. Desire to bar an entail with- out prejudicing previous estates and powers. Agreement of protector to consent to such settlement, II. And whereas the said [tenant for life] and [tenant Desire to har in tail] are desirous of barring and defeating the estate in ^ e h ids and tail male and all other estates tail of the said [tenant in copyholds, tail] in the and hereditaments hereinafter men- tioned and intended to be hereby granted, and cove- nanted to be surrendered respectively, and all remain- ders, reversions, estates, rights, titles, interests, and powers to take effect after \ the determination or in defeazance of such estate in tail male or estates in tail, (but with- without preju- out prejudicing or disturbing the uses or estates limited 61 RECITALS. in disentail- by the said indenture of settlement of the day of ixg deeds. [that creating the entail] which are prior to the uses ceding estates . . in c c or powers; or estates thereby limited to the first son ol the body ot the said [tenant for life] on the body of the said to be begotten, in tail male, and without prejudicing or dis- turbing any of the powers, privileges, or exemptions to the said preceding uses or estates respectively belonging or annexed, or exercisable during the continuance thereof and to re-settle respectively), and also of conveying, surrendering, and assuring the same premises respectively, To the uses and in manner hereinafter mentioned, (subject and without pre- judice to the said preceding uses or estates, and to the said powers, privileges, or exemptions to the same respect- ively belonging, or annexed or exercisable during the continuance thereof respectively, except so far as the joint power of appointment hereinafter limited to the said [te- nant for life] and [tenant in tail] shall over-reach the use or estate limited by the said indenture of settlement of the day of ), to the said [tenant for life] and his assigns, for his life, and the powers, privileges, and exemp- tions to the same use or estate belonging or annexed, or exercisable during the continuance thereof. Desire to bar an entail of III. And whereas the said [tenant in tail] is desirous, stock, the mo- with the consent of the said [tenant for life], of barring the winch u liable estate in tail male, and every other estate in tail male, or to be laid out in [ n tail (if any) of him the said [tenant in tail] of or i n the lands in the purchase of which the said sum of £ 31. per Cent. Consolidated Bank Annuities, or the money to arise from the sale thereof, is directed or subject to be laid out as aforesaid, and all remainders, reversions, estates, titles, interests, and powers to take effect after the determin- ation or in defeazance of such estate or estates in tail male or in tail, and of acquiring an absolute estate in the said sum of £ SI. per Cent. Consolidated Bank Annuities, dis- charged from the said trusts for laying out the same, or the money to arise from the sale thereof, in the purchase of lands, but subject and without prejudice to the life estate of the said [tenant for life] in the dividends and annual proceeds of the same Bank Annuities; And the said [tenant for life] hath PARTICULAR RECITALS. 33 agreed to give his consent to such disposition in manner in disentail- hereinafter appearing ; And the said [tenant for life] and JI1 !1_ ■n -l r* 91 — of consent of [£ewaw£ iw ta*7] have agreed that the said sum ot £ ot. t i ie protector ; per Cent. Consolidated Bank Annuities, and the dividends _ ofa g reeme nt and annual proceeds thereof, shall be assigned to the said to assign the _ 7 n i • i • • . j stock to a trus- [assignee and trustee] , his executors, administrators, ana as- tee on certa i n signs, upon the trusts hereinafter declared of and concerning trusts, the same. Sect. VII. MISCKLLA- MISCELLANEOUS RECITALS. neous RECITALS. I. Whereas the said is seised of or entitled to the That a person is seised in tee - is seised in it and hereditaments hereinafter mentioned and intended f freeholds. to be hereby granted, with the appurtenances, for an estate of inheritance in fee simple in possession, free from incum- brances. II. Whereas the said is seised of or entitled to the —that a person , , , . , . n , ! is seised in fee and hereditaments hereinafter mentioned and cove- f CO pyholds. nanted to be surrendered, with the appurtenances, for an estate of inheritance in possession, to him and his heirs, ac- cording to the custom of the manor of , free from incum- brances. III. And whereas the said [wife] hath agreed to join in Agreement to these presents in manner hereinafter appearing, for the pur- pose of releasing her right of dower out of or in the said and hereditaments intended to be hereby granted. IV. And whereas, at a court held in and for the said Surrender and i. ,, , „ i • t • admittance. manor ot , on the day of , the said , in pursuance of the said covenant in that behalf in the said in- denture contained, duly surrendered the said hereditaments To the use of the said , his heirs and assigns, in man- D 34 RECITALS. MISCELLA- NEOUS RECITALS. ner and subject as in the said indenture and hereinbefore is mentioned ; And at the same court the said [surrenderee] was admitted tenant of the same hereditaments accordingly. Covenant in a mortgage to surrender copy- holds. V. Whereas, by an indenture, dated the Lease made in execution of a power in a set- tlement. — day of , and made or expressed to be made between [parties] , for the considerations therein mentioned, the said [mortgagor] did, for himself, his heirs, executors, and administrators, co- venant with the said [mortgagee] and his heirs, that he the said [mortgagor], or his heirs, would, at or before the next court in and for the manor of , in the county of , well and effectually surrender or cause to be surrendered into the hands of the lord or lady of the said manor, accord- ing to the custom thereof, the hereditaments hereinafter mentioned and covenanted to be surrendered, with their ap- purtenances, To the use of the said [mortgagee] , his heirs and assigns, to be held according to the custom of the said manor, and by and under the rents, fines, heriots, suits, and services therefor due and of right accustomed, but subject to a proviso in the indenture now in recital contained, for making void the said surrender on payment by the said [mortgagor], his heirs, executors, administrators, or assigns, to the said [mortgagee], his executors, administrators, or as- signs, of the sum of £ , with interest thereon in the meantime at the rate of £ per cent, per annum, on the day of . VI. And whereas, by an indenture dated the day of this instant month of , and made or expressed to be made between [parties], for the considerations therein mentioned, the said [wife], with the privity and consent of the said [husband], testified as therein mentioned, and in exercise and execution of the said power for that purpose given her by the said indenture of the day of [the settlement], did direct, limit, and demise, and the said [husband] did confirm, Unto the said [lessees], their execu- tors, administrators, and assigns, All that &c, [see supra, pp. 10, 11]. Of apcrson hav- VII. And wiieheas a fiat in bankruptcy, under the PARTICULAR RECITALS. 35 hand of the Lord High Chancellor of Great Britain, was, miscella- on the day of , awarded and issued against the neous . RECITALS. said , and the said was thereupon found and de- : — r : — r ' r ing been found clared bankrupt ; and the said and were chosen bankrupt ; and assignees of his estate and effects, and the said is offi- ne °^ e ass ' s " cial assignee under the said fiat. VIII. And whereas, in or about the month of , a of a person commission in the nature of a writ de lunatico inquirendo, havin s bee " *■ m ' found lunatic ; under the seal of Great Britain, was duly issued against the and appoint- said , and under such commission the said was duly mittee° C ° m " found and declared to be a lunatic. And whereas, by an order made in the month of by the Lord High Chan- cellor in the matter of the said lunacy, the said was appointed committee of the person of the said lunatic, and the said was appointed committee of the estate of the said lunatic. IX. Whereas the said is entitled to a policy of as- That a person surance on his own life, granted by the Assurance Office, is entitled to a dated the ■ day of , numbered , for the sum of own life. £ , and at or under the annual premium of £' . X. And whereas the said hath effected an assur- That a person ance on the life of the said with the Life Assur- has effected aa assurance on ance Society, by a policy of assurance dated the day the life of ano- of , numbered , in the sum of £ , and at or ier " under the annual premium of £ . XI. And whereas the said sum of £ still remains Of a sum re- due and owing upon the security of the said indenture of malnin s due on ° r J a mortgage, the day of , but all interest thereon has been paid but of interest up to the day of the date of these presents. pa™ 8 ^ XII. And whereas the said sum of £ , together ofasumre- with £ for interest thereon from the day of , mainin s due on * a mortgage, is now due and owing upon the security of the said inden- with an arrear ture of the day of . the^eon!^ XIII. Whereas the said [grantor] hath contracted and Agreement for d 2 36 RECITALS. MISCELLA- NEOUS RECITALS. sale of an an- nuity ; payment of the consider- ation ; and execution by the grantor of a warrant of attorney to con- fess judgment. agreed with the said [grantee]- for the absolute sale to him of an annuity or clear yearly sum of £ , to be paid to the said [grantee], his executors, administrators, and as- signs, for the term of years, if the said [grantee] shall so long live, to be secured as hereinafter is mentioned, at or for the price or sum of £ . And whereas, in pursu- ance of the said agreement on the part of the said [grantee] , he the said [grantee] hath this day paid the sum of £ , in notes of the Governor and Company of the Bank of Eng- land (a), to the said [grantor] ; And, in pursuance of the said agreement on the part of the said [grantor], he the said [grantor] hath this day executed a deed poll or warrant of attorney, bearing even date with these presents, authorising certain attornies of Her Majesty's Court of Queen's Bench at Westminster, or any other attorney of the same court, to confess judgment against the said [grantor] in the said court, in an action of debt at the suit of the said [grantee], for the sum of £ , besides costs of suit. Petition for giant of letters- patent. XIV. Whereas by his petition to the Queen's i of letters-patent, most excellent Majesty, represented (among other things) that he was in possession of a method of making or manu- facturing an improved machine or engine for &c, and that the same machine or engine was then in the kingdom, and had not been used therein by any other person, and there- fore prayed to have granted to him the said , his ex- ecutors, administrators, and assigns, the Queen's royal letters- patent, under the Great Seal of the United Kingdom, for the sole use, benefit, and advantage of the said invention within England, Wales, and the town of Berwick-upon-Tweed, for the term of fourteen years. And whereas, by letters- patent under the Great Seal of the United Kingdom, dated the day of , after reciting therein the said peti- tion, her Majesty did, for herself, her heirs, and successors, give and grant unto the said , his executors, admini- («) The statement of the mode of payment of the consideration (al- i bough nut essential here) is inserted, with a view to the requisitions ■>f the memorial to he inrolled. PARTICULAR RECITALS. 37 NEOUS RECITALS. strators, and assigns, especial license, full power, sole pri- miscella- vilege, and authority, for him, his executors, administrators, and assigns, deputies, servants, or agents, and no others, to make up, manufacture, exercise, and vend the said inven- tion within England, Wales, and JBerwick-upon-Tvveed. And whereas the said hath acknowledged a specifi- and inrolment cation of the said invention, and the same hath been duly inrolled in her Majesty's high Court of Chancery on the day of . XV. And whereas the said [testator] died in the month Death of a tes- of , without having revoked or altered his said will ; ^J^dpnf- And the same was proved in the Court of , on bate of his will. the day of , by the said executors. XVI. And whereas the said [testator] died in the —with a will month of , without having revoked or altered his said ^ d °"gk° te ic ' will, except so far as the same was revoked or altered by his thereof. said codicil, and without having revoked or altered his said codicil; And the said will and codicil were proved in the Court of , on the day of , by the said , the said having first renounced probate thereof. XVII. And whereas the said [testator] died in the —with a will month of , without having revoked or altered his said co di c it S) an d will, except so far as the same was revoked or altered by probate thereof, his said codicils, and without having revoked or altered his said codicils, except so far as the former of the said codicils was [or were] revoked or altered by the later of the said codicils; And the said will and codicils were proved in the Court of , on the day of , by the said . XVIII. And whereas the said died in the month Death of an in- of , intestate, and letters of administration to the goods grant letters of and chattels, rights and credits, of the said [intestate] were, administration. on the day of , granted by the Court of to . XIX. And whereas the said [first administrator] died Death of ad- 38 RECITALS. MISCELLA- NEOUS RECITALS. ministrator, and grant of administration de bonis non. Death of testa- tor, renuncia- tion by execu- tors, and grant of administra- tion, with the will annexed. in the month of and letters of administration of the goods and chattels, rights and credits, left unadministered by him of the said [intestate] were, on the day of , granted by the Court of to the said . XX. And whereas the said [testator] died in the month of , without having revoked or altered his said will, and the said [executors'] renounced probate of his said will, and letters of administration of the goods and chattels, rights and credits, of the said [testator], with his said will annexed, were, on the day of , granted by the Court of to the said . 39 PART II. OPERATIVE FORMS. CHAPTER I. FORMS IN PURCHASE-DEEDS. Sect. I. LIMITATIONS. limitations. I. To HAVE AND TO HOLD the said messuages, lands [or Habendum in messuages, or lands, &c., as the case may be], and heredita- rat - on t0 bar ments, and all and singular other the premises hereinbefore dower. expressed to be granted Unto the said [ purchaser], his heirs and assigns, To the use of the said [purchaser], his heirs and assigns, for ever. And it is hereby declared, that no widow of the said [purchaser] shall be entitled to dower out of or in the said premises. II. To such uses, for such estates, and in such manner, Limitation to as the said [purchaser] shall, by any deed or deeds, with ™***° ar or without power of revocation and new appointment, from time to time, or at any time, appoint ; And in default of and until such appointment, and so far as no such appoint- ment shall extend, To the use of the said [purchaser] and his assigns, during his life, without impeachment of waste ; And after the determination of that estate, by forfeiture or otherwise, in his lifetime, To the use of the said [trustee] and his heirs, during the life of the said ['purchaser], In trust for him and his assigns ; And, after the determination of the estate so limited to the said [trustee] and his heirs as aforesaid, To the use of the said [purchase?-], his heirs 40 FORMS IN PURCHASE-DEEDS. limitations, and assigns, for ever. And it is hereby declared, that no widow of the said [purchaser] shall be entitled to dower out of or in the said premises (a). Sect. II. / FREEHOLDS. For right to convey. COVENANTS FOR TITLE. I. And the said [vondor] doth hereby, for himself, his heirs, executors, and administrators, covenant with the said [purGhasor] , his heirs and assigns, that, not- withstanding any act or thing by him the said [won dor] , or any of his ancestors (b), made, done, or executed or knowingly suffered, -be- the said [vendor] now hath [op> if moro than one party join — m — conveying, thoy — the — said and '■ mm have] good righfc an ' cL full power to grant au4 — confirm [or to diroct } — limit j and appoint, or otherwise, as the caao may bo] the said hereditaments and premises hereinbefore expressed to be granted a nd oon- (a) The above limitation is unnecessary in the case of a man who has married since the 1st of January, 1834 ; but to preclude a question being made, in subsequent investigations of the title, whether the pur- chaser was or was not married before the 1st of January, 1834, it is usual to insert the limitation without inquiry. If it be intended to mortgage or otherwise deal with the fee immediately after the execution of the purchase-deed, it is sufficient to give the power, with the limitation in default of appointment in fee, immediately. Ray v. Pung, 5 B. & Aid. 561 ; 5 Madd. 310. (0) If the vendor claim by purchase, in the common sense of the word, his covenants should extend only to his own acts and those of persona claiming through or under him. The word "ancestors " ap- plies only to cases in which the vendor has acquired the estate by descent. If he has acquired it by devise, his covenants will extend to the acts of t he testator and his ancestors, and persons claiming through or under him. The general rule is, that the vendor must extend his covenants to the acts of all persons interested in the estate since the last purchase on which the ordinary covenants for title were entered into, it being understood that a purchaser is entitled to acom- plete chain of covenants for title. Of course, in practice, this must be frequently foregone ; as, for example, on a sale by a trustee or mortgagee, who covenants only against his own incumbrances. COVENANTS FOR TITLE. 41 firmod [oj 1 appointed, &c., as the vme mat/ be], To the U3C3 freeholds. [or, as the oaoo may be. To the use of the said [p*'*-- - W » flfli3»']j - his heirs and assigns] , in manner aforesaid (a) ; And that the same hereditaments and premises shall at —for quiet en- all times hereafter remain and be To th e mes hcrcinbc - J°y" ient ' for e limitod or deolarod [o^ ao the case may be, To the use of the said [ pitrcharar], his heirs and assigns], and be quietly entered into and upon, and held, occupied, and enjoyed, and the rents and profits thereof received and taken by the said [.purchaser], his heirs [appoin - tees] (b) and assigns, accordingly, without any lawful in- terruption or disturbance by him the said [wowrfo>*] , or his heirs, or any person lawfully or equitably claiming by, from ? or under, or in trust for him, them, or any of them, or by, from, or under his or any of his ancestors (c), And —free from in that free and discharged, or otherwise by - him the said cumbrances. [vendor] , his heirs, executors, or administrators, suffici- ently indemnified from and against all estates, incum- brances, claims, and demands whatsoever, either already or hereafter made, occasioned, or suffered by the said [ivmdor - ] , or his heirs, or any person lawfully or equitably claiming by, from; undor, or in trust for him, them, or any of them, or by, from, or under his or any of his ancestors (d) ; And, further, that -fee- the said [vendor]) and his heirs, _-f or further and every other person having or lawfully or equitably assurance, claiming any estate, right, titlc; A interest, property ; claim, of demand in/ to, or out of- the said hereditaments and premises hereinbefore expressed to be granted \_or a p - pointed, &e., ao iko oaoo ' mat/ be] , or any of them, or any part thereof, by, from; — undor, or in trust for him ■ the said [flOHffo)"] , or his heirs, or by, from, or under any of his ancestors (e), s hall and will, fium Lima to liiuu; (a) It is usual to insert a covenant that the vendor is seised in fee, or that the power to be exercised was well created and is in force ; but this is unnecessary, as the covenants in question are obviously and necessarily implied in the covenants for right to convey and appoint. (b) This word is of course to be used only when the limitation of uses has contained a power of appointment. (c) See supra, p. 40, n. [b). (d) Ibid. (/) Ibid. 42 FORMS IN PURCHASE-DEEDS. FREEHOLDS. 2 COPYHOLDS. — for right to surrender. *»4- at all times hereafter, upon the request and at the cost of the said [purohawr], his heirs [appointoco] (a) or assigns, do and execute every such lawful act, thing, and assurance for the further or more perfectly assuring the said hereditaments and premises, and every part there- of, To tho uooo horoinboforo limited and deolarod [or) ae 4ho oaoo may bo , To the use of the said [(purchaser], his heirs and assigns], and in manner aforesaid, as by the said [jpuxehasex^, his heirs [appnintpps] (5) or assigns, shall be reasonably required. II. And the said foowcfor] doth hereby, for himself, his heirs, executors, and administrators, covenant with the said ^.purchasor], his heirs and assigns, that, notwithstand- ing any act or thing by him the said [vendor] , or any of his ancestors (c), made, done, or executed or knowingly suf- fered, he the said [vendor ^] now hath [or t if move than one party join m surrendering, they the said and now — for quiet en joyment, have] good right and full power to surrender the said he- reditaments and premises hereinbefore covenanted to be surrendered To the use of the said [purrhnwr] , his heirs and assigns, according to the custom of the said manor and in manner aforesaid (d) ; And that the same hereditaments and premises shall at all times hereafter remain and be To the use of the said [purchaser'} , his heirs and assigns, ac- cording to the custom of the said manor, and be quietly entered into and upon, and held, occupied, and enjoyed, and the rents and profits thereof received and taken, by the said [^urohasor] , his heirs and assigns, accordingly, without any lawful interruption or disturbance by him the said [vendor] , or his heirs, or any person lawfully or equitably claiming by, from, under, or in trust for him, them, or any of them, or by, from, or under his or any of his ances- freefromin- tors (, n. (!>)■ (d) See supra, p. 41, n. (a). (c) See supra, p. 41, n. (ft). COVENANTS FOR TITLE. 43 sufficiently indemnified from and against all estates, incum- copyholds. brances, claims, and demands whatsoever, either already or hereafter made, occasioned, or suffered by the said [vendo^, or his heirs, or any person lawfully or equitably claiming by, from, under, or in trust for him, them, or any of them, or by, from, or under his or any of his ancestors (a) ; And, further, that he the said [vendor], and his heirs, and —for further every other person having or lawfully or equitably claiming assurance - any estate, right, title, interest, property, claim, or demand in, to, or out of the said hereditaments and premises here- inbefore covenanted to be surrendered, or any of them, or any part thereof, by, from, under, or in trust for him the sa,id- [vo} or his heirs, or by, from, or under any of his ancestors (b), ohall and will, from timo to timoj and at all times hereafter, upon the request and at the cost of the said [purchaser] , his heirs or assigns, do and execute every such - lawful act, thing, and assurance, for the further or more per- fectly assuring the said hereditaments and premises, and every part thereof, To the use of the said [pmohascr] , his heirs and assigns, according to the custom of the said manor, and under and subject to the rents, fines, heriots, suits, and ser- vices therefor due and of right accustomed, as by the said [p%troha6or\ i,his heirsor assigns, shall be reasonably required. *X III. And the said [v&ndot ' ] doth hereby, for himself, his leaseholds. heirs, executors, and administrators, covenant with the said \gatxehaseaQfi his executors, administrators, and assigns, that, notwithstanding any act or thing by him the said [wow —that the lease ■ dor] made, done, or executed or knowingly suffered, the 1S good ' said indenture of lease, of the day of [ t he lease] ) is now a good, valid, and effectual lease of the said here- ditaments and premises hereinbefore expressed to be assigned [o » « domiacd, as the case ma t / be] , and is in full force, un- forfeited, unsurrendered, and in nowise become void or voidable ; And that all and singular the rents, covenants, —that all the conditions, and agreements in and by the said indenture of ^"^for^ 6 lease reserved and contained, and on the part of the lessee, ed. V iioi^n/fit) /arietta .cliaU ac / . ) ib. 44 FORMS IN PURCHASE-DEEDS. LEASEHOLDS. — for right to assign. — for quiet en- joyment, — tree from incumbrances. — for further assurance. his executors, administrators, and assigns, to be paid, ob- served, and performed, have been paid, observed, and performed up to the date of these presents ; And that, notwithstanding any such act or thing as aforesaid, he the said ^ vendor] now hath [or t if more than one party join in ths assignment or demise, they the said and now have] good right and full power to assign [or do mis e , as tho oaw may be] the said hereditaments and pre- mises hereinbefore expressed to be assigned [or domiood, as - ■ the case may he~\ , Unto the said [purch aser^, his executors, administrators, and assigns, for the term and in manner aforesaid ; And that it shall be lawful for the said [pur ohaeor} , his executors, administrators, and assigns, at all times during the same term, quietly to enter into and upon, and to hold, occupy, and enjoy, the same heredita- ments and premises, and receive and take the rents and profits thereof, without any lawful interruption or disturb- ance by him the said [vondor] , his executors, admini- strators, or assigns, or any person lawfully or equitably claiming by, from, through, under, or in trust for him, them, or any of them, And that free and discharged, or otherwise by the said [vondor] , his heirs, executors, or administra- tors, sufficiently indemnified, from and against all estates, incumbrances, claims, and demands, either already or here- after made, occasioned, or suffered by the said [- vendor - ] , his executors or administrators, or any other person lawfully or equitably claiming by, from, through, under, or in trust for him, them, or any of them ; And, further, that he the- U< » said [aigntfW], his executors and administrators, and every other person having or lawfully or equitably claiming any estate, right, title, interest, property, claim, or demand in, to, or out of the said hereditaments and premises here- inbefore expressed to be assigned [or demiaed, as the case may h it] , or any of them, or any part thereof, by, from, through, under, or in trust for him the said . [vondor] , his executors or administrators, . oluill and will, - from t ime to til i ng and at all times during the said term for which the same hereditaments and premises are hereinbefore ex- pressed to be assigned [or domiuudj a t t the vmo may be] , upon the request and at the cost of the said [purchaser"] , COVENANTS FOR TITLE. 45 his executoi's, administrators, or assigns, do and execute leaseholds. every such lawful act, thing, and assurance, for the further or more perfectly assuring the said hereditaments and pre- mises, and every part thereof, Unto the said [ - purchaocr - ], his executors, administrators, and assigns, for the then re- sidue of the same term, and in manner aforesaid, as by the said [ purchasorji his executors, administrators, or assigns, shall be reasonably required. IV. And the said [purchaser] doth hereby, for him- g y purc haser self, his heirs, executors, and administrators, covenant on payment of with the said [iimdnr], his executors and administrators, formance of that he the said [purchaser] , his executors, administrators, covenants > or assigns, shall or will henceforth, from time to time and at all times, pay the said yearly rent of £ by the said indenture of lease reserved and henceforth to become payable, and observe and perform all and every the covenants, condi- tions, and agreements in the saidindenture of lease contained, and on the part of the lessee, his executors, administrators, or assigns, henceforth to be observed or performed; And andtoindem- also shall and will, from time to time and at all times here- nify the vendor. after, keep the said [vendor] , his heirs, executors, and ad- ministrators, and his and their estates and effects, indemni- fied against all actions, suits, proceedings, costs, charges, da- mages, claims, and demands whatsoever, (if any), which shall or may be incurred or sustained by reason or on account of the non-payment of the said rent or any part thereof, or the breach, non-observance, or non-performance of the said covenants, conditions, and agreements, or any of them. AND COPYHOLDS. V. And the said [vendor] doth hereby, for himself, freeholds his heirs, executors, and administrators, covenant with the said [ purokaBCf], his heirs and assigns, that, notwith- standing any act or thing by him the said [vendor^ - , or any of his ancestors (a), made, done, or executed, or knowingly (a) See supra, p. 40, n. (£>). 46 FORMS IN PURCHASE-DEEDS. FREEHOLDS AND COPYHOLDS. — for right to convey the free- holds, and to surren- der the copy- holds. — for quiet en- joyment, — free from in- cumbrances. — for further assurance. suffered, he the said [wndor] now hath [ ■ «> ■ , if more than o t t o parti/ jo i n i n conveying, thoy tho eaid a«4 now have] good right and full power to direct, limit, and appoint, and also to grant and oonfirm [or to 4i roctj limit , and appoint; m — lu grant and confirm, Sec, as the caoo may be], the said hereditaments and premises hereinbefore expressed to be appointed and granted [or appointed, or granted, &c, as the ease may he], To the u s e s [or,- as tha - e aeo may require, T o the use of the said [jatarohaeop], his heirs and assign sj, and in manner aforesaid; And also to surrender the said hereditaments and premises herein- before covenanted to be surrendered To the use of the said [purchasot ^, his heirs and assigns, according to the custom of the said manor, and in manner aforesaid (a) ; And that all the same hereditaments and premises shall and may at all times hereafter remain and be To the uses hereinbefore limited or declared of and concerning the same re- spectively [ a r, a s the case may bo, To the use of the said [purcha s er], his heirs and assigns], in manner afore- said, and be quietly entered into and upon, and held, occupied, and enjoyed, and the rents and profits thereof received and taken accordingly, without any lawful inter- ruption or disturbance by the said [vendor] or his heirs, or by any person lawfully or equitably claiming by, from, under, or in trust for him, them, or any of them, or by, from, or under his or any of his ancestors (b) ; And that free and discharged, or otherwise by him the said [vender^, his heirs, executors, or administrators, suf- ficiently indemnified, from and against all estates, incum- brances, claims, and demands whatsoever, either already or hereafter made, occasioned, or suffered by the said [vendor] or his heirs, or by any other person lawfully or equitably claiming by, from, under, or in trust for him, them, or any of them, or by, from, or under his or any of his ancestors (c) ; And, further, that the said [vender] ■ («) See tfwpra, p. 41, n. (a). (b) See supra, p. 40, n.(/>). (c) lb. COVENANTS FOR TITLE. 47 and his heirs, and every other person having or lawfully or equitably claiming any estate, rights titlo, interest, prop e rty, claim, or demand in, to, or out of the said hereditaments and premises hereinbefore expressed to be granted and appointed \. or appoint o d, &c, as the case may b#fc and covenanted to be surrendered respectively, or any of them, or any part thereof, by, from, ■ under, or in trust for him the said [vendor] or his heirs, or by, from, or under any of his ancestors (a), shall and will, from time to time and at all times hereafter, upon the request and at the cost of the said [parohasor]^ his heirs [appointooo] (b) or assigns, do and execute every such lawful act, thing, and assurance for the further or more perfectly assuring all the said heredita- ments and premises hereinbefore expressed to be granted and appointed [or appointed, &c., as the case may be] , and covenanted to be surrendered respectively, and every part thereof, To the several us e s hereinbefore limited or do olarod of the sa me respective l y [or, as the case may he, To the use of the said [^ purchaser] , his heirs and assigns], in manner aforesaid, as by the said [purchaser] , his heirs [appointees] (c) or assigns, shall be reasonably required. VI. And the said [vendor - ] - doth hereby, for himself, his heirs, executors, and administrators, covenant with the said \_purchaeor] , his heirs, executors, administrators, and assigns, that the said indenture of lease of the day of [th i s lease] is now a good, valid, and effectual lease FREEHOLDS AND COPYHOLDS. of the said hereditaments and premises hereinbefore ex- pressed to be assigned [or d e mised, as the ease may he], and is now in full force, unforfeited, unsurrendered, and in nowise become void or voidable ; And that all and singu- lar the rents, covenants, conditions, and agreements in and by the said indenture of lease reserved and contained, and on the part of the lessee, his executors, administrators, or assigns, to be paid, observed, and performed, have been FREEHOLDS AND LEASEHOLDS. — that the lease is good, — that the rents have been paid and the cove- nants perform- ed. (a) See supra, p. 40, n. (b). (b) See supra, p. 41, n. (b). (c) lb. 48 FORMS IN PURCHASE-DEEDS. FREEHOLDS AND LEASEHOLDS. — for right to release the free- holds and to assign the leaseholds. — for quiet enjoyment. paid, observed, and performed, up to the date of these pre- sents ; And that, notwithstanding any^aet or thing hy-^ ^l him tho said [vendor'], or any of his ancestors (rr)j made,, demo, or executed, — or jg * iowingly oufforcd -r he the said [vendor] now hath [or, if more than one party join W rnn- wy g 'w y , they tho oaid a«d now have] good right -a»d- full power to grant and confirm, and to direct, limit, and appoint [ o r to grant and - confirm, or to direct, limit, and appoint & rn , "' the f""" may ^> g }- the said heredita- ments and premises hereinbefore expressed to be granted and appointed [op granted, or appointed, 8m., us the cuae may bo], To tho uoco [or, as the e-aeo may bo, To the use of the said [purokaffor]; his heirs, and assigns] , and in manner aforesaid ; And also to assign [or domioo, as the case may 4^- the said hereditaments and premises hereinbefore ex- pressed to be assigned [or demised, ao tho ease may be] unto the said. [purchaser], his executors, administrators, and as- signs, for the term and in manner aforesaid (b) ; And that the said hereditaments and premises hereinbefore expressed to be granted and appointed [or grantod, or appm'nr^rl £rr> j np tha anno way hn] shall and may, fl'Om time to time and at all times hereafter, go, remain, and be To the uses horoinboforo limited or declared [or, as the case may bo, To the use of the said [-purchase^-, his heirs and assigns], and that the said hereditaments and premises hereinbefore expressed to be assigned [or do miood, as the ease-^nay-be] , shall and may, from time to time and at all times hereafter, during the same term, go, remain, and belong to the said, {p urchaser] ; his executors, administrators, and assigns, and thatall the same hereditaments and premises shall and may, at all times hereafter, be quietly entered into and upon, and be held, occupied, and enjoyed, and the rents and profits thereof, and of every part thereof respectively, had, re- ceived, and taken accordingly , without any lawful interruption or disturbance whatsoever of or by the said [vendor] , his heirs, executors, administrators, or assigns, or any person lawfully (). {b) See supra, p. 41, n. (a). COVENANTS FOR TITLE. 49 assurance. or equitably claiming by, from, under, or in trust for him, freeholds them, or any of them, or by, from, or under his or any of his tBASKHOI(D8( ancestors (a) ; And that free and discharged, or otherwise by free from iu- him the said [render] , his heirs, executors, or administrators, cumbrances. sufficiently indemnified from and against all estates, incum- brances, claims, and demands whatsoever, either already or hereafter created, occasioned, or suffered by the said [vendor] , his heirs, executors, or administrators, or any person or persons lawfully or equitably claiming by, from, under, or in trust for him, them, or any of them, or by, from, or under his or any of his ancestors (6) ; And, more- —for further over, that he the said [vendor], his heirs, executors, and administrators, and every other person lawfully or equita- bly having or claiming any estate, right, title, interest, property, claim, or demand in, to, or out of the said he- reditaments and premises hereinbefore expressed to be granted and appointed - [or granted, or appointed, &ct, as the case may be] , and assigned [or d e mised, an the ease way bo] respectively, or any of them, or any part thereof respectively, by, from, under, or in trust for him the said [^ow6?of] , or his heirs, executors, or administrators, or by, from, or under any of his ancestors (c), shall and will, from time to time and at all times, upon the request and at the cost of the said [-pwrebttser], his heirs, exe- cutors, administrators [ appointcc3 ( d)], or assigns, do and execute every such lawful act, thing, and assurance, for the further or more perfectly assuring the said heredita- ments and premises hereinbefore expressed to be granted and appointed [or granted, or appointed, &c, as the cam may bo] , and every part thereof, to the U3 C 3 her e inbefore limitod or declarod [or t ae the case may r o quiro, to the use of the said [pu r cha s er] , his heirs and assigns], in manner aforesaid, and assuring the said hereditaments and premises hereinbefore expressed to be assigned |jw-tle=- -ihe^-eas^ may be] unto the said [^purchaser], (a) See supra, p. 40, n. (6). (b) lb. (c) Tb. (d) See sitpra, p. 41, n. {b). E 50 FORMS IN PURCHASE-DEEDS. FREEHOLDS AND LEASEHOLDS. By purchaser for payment of rent and per- formance of covenants, and to in- demnify the vendor. his executors, administrators, and assigns, for the then residue of the term for which the same are hereinbefore expressed to be assigned [or domiood) — «*$ — the — caae may ■bejj as by the said [ purchasor], his heirs, executors, ad- ministrators, or assigns, shall be reasonably required. And the said [purchaser] doth hereby, for himself, his heirs, executors, and administrators, covenant with the said [vondor] , his executors and administrators, that he the said [purchaser] , his executors, administrators, or as- signs, shall and will henceforth, from time to time and at all times, pay the said yearly rent of £ by the said indenture of lease reserved, and henceforth to become pay- able, and observe and perform all and every the covenants, conditions, and agreements in the same indenture con- tained, and on the part of the lessee, his executors, admini- strators, or assigns, to be observed or performed ; An d shall and will, from time to time and at all times, keep the said [&- Gt liUnt*v+\fthjihi-ji / * £ - r r m COVENANTS FOR TITLE. 51 AND LEASEHOLDS. and performed up to the date of these presents; And copyholds that, notwithstanding any act or thing* b^Tum'tho caid i • i ay i l i • i r -i ' i' — f° r r 'ght op liuow i ngty- suffered, he the said [vendor] now hath surrender i [nr if omrvre firm nnp pn-rty jnir, fa QWW&yj/Ml tll"J t 1 ^"- co ry nolds ' «ai4 a*wl now havo] good right and full power to surrender the said hereditaments and premises herein- before covenanted to be surrendered, To the use of the said [purohaeor] , his heirs and assigns, according to the custom of the said manor and in manner aforesaid (b) ; And, also, to assign [or demis e , as the oaeo may be] the and to assign said hereditaments and premises hereinbefore expressed e eai5ei0 to be assigned [ #» ' domiocd, as the case — may be} , unto the said [purchaser], his executors, administrators, and assigns, for the term and in manner aforesaid; And —for quiet en- that the said hereditaments and premises hereinbefore J °y men ' covenanted to be surrendered shall and may at all times hereafter remain and be To the use of the said [ f ^r — ohasor], his heirs and assigns, according to the custom of the said manor, and that the said hereditaments and pre- mises hereinbefore expressed to be assigned [or demised^ as - the c as e ma y~be^, shall and may at all times hereafter during the same term, go, remain, and belong to the said [purchaser], his executors, administrators, and assigns, and that the said hereditaments and premises hereinbefore covenanted to be surrendered, and expressed to be assigned ^^-demise dy m the- case may b e ] respectively, shall and may be quietly entered into and upon, and be held, occupied, and enjoyed, and the rents and profits thereof, and of every part thereof respectively, received and taken accordingly, without any lawful interruption or disturbance by the said [vendor], his heirs, executors, administrators, or assigns, or any person lawfully or equitably claiming by, from, under, or in trust for him, them, or any of them, or by, from, or under his or any of his ances- (a) See supra, p. 40, n. (b). (b) See supra, p. 41, n. (a). E 2 52 FORMS IN PURCHASE-DEEDS. COPYHOLDS AND LEASEHOLDS, free from in- cumbrances. — for further assurance. By purchaser for p.'iymunt of rent tnd per- formance of covenants, tors (a) ; And that free and discharged, or otherwise by him the said [vendor] , his heirs, executors, or admi- nistrators, sufficiently indemnified from and against all estates, incumbrances, claims, and demands, either already or hereafter created, occasioned, or suffered by the said [vendor] - , his heirs, executors, administrators, or any person lawfully or equitably claiming by, from, under, or in trust for him, them, or any of them, or by, from, or under his or any of his ancestors (b) ; And, moreover, that he the said ^vendor] , his heirs, executors, and administrators, and every other person lawfully or equitably having or claiming any estate, right, title, interest, property, claim, or demand in, to, or out of the said hereditaments and premises here- inbefore covenanted to be surrendered and expressed to be assigned \m t demi s ed, as - the case may be]- respectively, or any of them, or any part thereof, by, from, or under, or in trust for him the said [vendor]) his heirs, executors, or ad- ministrators, or by, from, or under any of his ancestors (c), shall and will, from time to time and at all times, upon the request and at the cost of the said ^ pttrehaeor] -? his heirs, executors, administrators, or assigns, do and execute every such lawful act, thing, and assurance, for the further or more perfectly assuring the said hereditaments and premises hereinbefore covenanted to be surrendered, and every part thereof, to the use of the said [purohaoer] , his heirs and assigns, according to the custom of the said manor, and under and subject to the rents, fines, heriots, suits, and services therefor due and of right accustomed, and assuring the said hereditaments and premises hereinbefore expressed to be assigned [ ■» ? = demised, as - the -vase muy be] , unto the said [.purchaser], his executors, administrators, and as- signs, for the then residue of the term for which the same are hereinbefore expressed to be assigned [ or domiood, m the 4aM-i* ( t y bo] , as by the said [purchaser] 3 his heirs, executors, administrators, or assigns, shall be reasonably required. And the said fymreh) II,. (c) lb. COVENANTS FOR TITLE. 53 heirs, executors, and administrators, covenant with the copyholds said [*)t>idu> " \ , his executors and administrators, that he AND L J ' ' LEASEHOLDS. the said \ . purohaoor] , his executors, administrators, or as- signs, shall and will henceforth, from time to time and at all times, pay the said yearly rent of £ by the said indenture of lease reserved and henceforth to become payable, and observe and perform all and every the cove- nants, conditions, and agreements in the same indenture contained, and on the part of the lessee, his executors, administrators, or assigns, to be observed or performed ; And also shall and will, from time to time and at all and to indem- times, keep the said \_vendnr] : his heirs, executors, and my administrators, and his and their estates and effects, in- demnified from and against all actions, suits, proceedings, costs, damages, claims, and demands whatsoever (if any), which shall or may be incurred or sustained by reason or on account of the non-payment of the said rent, or any part thereof, or the breach or non-observance or non-per- formance of the said covenants, conditions, and agreements, or any of them. VIII. And the said fe ondor] doth hereby, for himself, freeholds, his heirs, executors, and administrators, covenant with co " "° LDS ' 7 ' 7 AND the said [piirchaier], his heirs, executors, administrators, leaseholds. and assigns, that the said indenture of lease of the — that the day of is now a good, valid, and effectual lease of e 1S g0 ° ' the said hereditaments and premises hereinbefore ex- pressed to be assigned [or domicod) a® iko oaoo may 6e j - , and is now in full force, unforfeited, and unsurrendered, and in nowise become void or voidable, and that all and —that the singular the rents, covenants, conditions, and agreements in pau^ndthe*^ 11 and by the same indenture reserved and contained, and on covenants the part of the lessee, his executors, administrators, or as- signs, to be paid, observed, and performed, have been paid, observed, and performed up to the date of these * .11.- *"*- presents ; And that, notwithstanding any^act or thing —for right to by ■him th e said — ^tmt d &v ] o r a ny of hi s an cestors- (a) f 0n I e ^i (a) See supra, p. 40, n. (6). -tr?" any / fit* ffn^c&h-id tc< 54 FREEHOLDS, COPYHOLDS, AND LEASEHOLDS. FORMS IN PURCHASE-DEEDS. ov e x e cuted, ur knowingly ■ ouffcrod^ he the said and to surren- der the copy- holds, and to assign the leaseholds, — for quiet en- joyment. e km e , [ywwefof] n ow hath [o r , if more than one parti/ join in — eonveging, - they the oaid em&- now havo] good — right and full power to direct, limit, and appoint, grant and confirm, [or to grant and confirm, or to dirooti limit, and appoint, &c, m the case mag require] , the said here- ditaments and premises hereinbefore expressed to be ap- pointed and granted [ # r granted, or appointed, fee., as the e ase mag b e ], To the us e s and [or, as the case mag re - — quire, To the use of the said [purchaser] , his heirs and assigns], in manner aforesaid; And, also, to surrender the said hereditaments and premises hereinbefore covenanted to be surrendered To the use of the said [purchase* *], his heirs and assigns, according to the custom of the said manor and in manner aforesaid (a) ; And, also, to assign [or domioo; as the Gase mag he] the said hereditaments and premises hereinbefore expressed to be assigned [or denmed , as the Gase mag bo], unto the said [purchaser] , his execu- tors, administrators, and assigns, for the term and in manner aforesaid; And that the said hereditaments and pre- mises hereinbefore expressed to be appointed and granted, [or granted^ or appointed, &c t ; ae the oase mag be^ , and covenanted to be surrendered respectively, shall and may at all times remain and be T& the uses hereinbefore li mit e d -i and declared of the same respectively [or as the oaoo riag ; require, To the use of the said [purchaser] , his heirs and assigns], in manner aforesaid, and that the said heredita- ments and premises hereinbefore expressed to be assigned [or domiood) ae tho oaeo mag bo] , shall and may, at all times during the said term for which the same are hereinbefore expressed to be assigned [or domiood, ae the eaoc mag be] , go, remain, and be to the said [purohaeor] , his executors, administrators, and assigns; And that all and singular the said hereditaments and premises shall and may be quietly entered into and upon, and be held, occupied, and en- joyed, and the rents and profits thereof and of every part (a) See supra, p. 41, n. (a). COVENANTS FOR TITLE. 55 thereof respectively received and taken accordingly, with- freeholds, out any lawful interruption or disturbance by the said AND ' [ufl>8iffo> ' ], his heirs, executors, administrators, or assigns, or leaseholds. any person lawfully or equitably claiming by, from, under, or in trust for him, them, or any of them, or by, from, or under his or any of his ancestors (a) ; And that free and —free from discharged, or otherwise by him the said [vendor] , his i ncum ° rances » heirs, executors, or administrators, sufficiently indemnified from and against all estates, incumbrances, claims, and demands, either already or hereafter created, occasioned, or suffered by the said [v i sudoi"], his heirs, executors, or administrators, or any person lawfully or equitably claiming by, from, under, or in trust for him, them, or any of them, or by, from, or under his or any of his ancestors (b) ; And, —for further moreover, that he the said [vendor] , his heirs, executors, assurance - and administrators, and every other person lawfully or equi- tably having or claiming any estate, right, title, interest, property, claim, or demand in, to, or out of the said here- ditaments and premises hereinbefore expressed to be ap- pointed and granted [ or grantod) or appointed, &c., as the &ase may he] , and covenanted to be surrendered, and ex- pressed to be assigned [or d e mised} as tho oacc may be ] respectively, or any of them, or any part thereof, by, from, under, or in trust for him the said \jievdor] , or by, from, or under any of his ancestors (c), shall and will, from time to time and at all times, upon the request and at the cost of the said [purohmcr] , his heirs [appointooo ( d)], execu- tors, administrators, or assigns, do and execute every such lawful act, thing, and assurance, for the further or more perfectly assuring all the said hereditaments and premises hereinbefore expressed to be appointed and granted £##= — gra n ted , &o ., as th e cas e may b e], and covenanted to be surrendered respectively, and every part thereof respect- ively, To th e sever al .ases^iiereinbej^ge-lim- it o d a nd dcclarod- e^the=sante- respectively [or, as tke-euse -mwtf-rtqmre, To (a) See supra, p. 40, n. (*). (b) lb. (c) lb. (d) See supra, p. 41, n. (b). 56 FORMS IN PURCHASE-DEEDS. FREEHOLDS, COPYHOLDS, AND LEASEHOLDS. By purchaser for payment of rent and per- formance of covenants, and to indem- nify the vendor. the use of the said [ purchase r] , his heirs and assigns], and assuring the said hereditaments and premises hereinbefore expressed to be assigned [ e r domisodj ae tho oase may be] , unto the said [purchaser], his executors, administrators, and assigns, for the then residue of the term for which the same are hereinbefore expressed to be assigned [or domiocd, as tho oaeo may bo] , as by the said [ purchaser] , his heirs, executors, administrators, or assigns, shall be reasonably required. And the said [ purchaser] doth hereby, for himself, his heirs, executors, and administrators, covenant with the said [vendor] , his executors and administrators, that he the said [purchaser], his executors, administrators, or assigns, shall and will henceforth, from time to time and at all times, pay the said yearly rent of £ by the said indenture of lease reserved, and from henceforth to become payable, and observe and perform all and every the cove- nants, conditions, and agreements in the same indenture contained, and on the part of the lessee, his executors, administrators, or assigns, to be observed or performed ; And shall and will, from time to time and at all times, keep the said feertdur ] , his heirs, executors, and admini- strators, and his and their estates and effects, indemnified from and against all actions, suits, proceedings, costs, damages, claims and demands whatsoever (if any), which shall or may be incurred or sustained by reason or on account of the non-payment of the said rent or any part thereof, or the breach or non-observance or non-perfor- mance of the said covenants, conditions, and agreements, or any of them. PERSONAL CHATTELS. — for right to assign, IX. And the said [vendor] doth hereby, for himself, his heirs, executors, and administrators, covenant with the said ^ p u rchase r ] , his executors, administrators, and assigns, that, notwithstanding any act or thing by him the said ^v end o r] done, or executed, or knowingly suffered, he the said [m ' jmfor] now hath - [ o r, if m o i v than one join in thcas ' mp tt mt ' ntj they tho caid ■-■ and now havej -gootr- ri"lii and lull power to assign the said premises hereinbe- fore expressed to be assigned unto the said [pur^Jias&r], COVENANT TO PRODUCE. his executors, administrators, and assigns, in manner afore- said ; And, further, that he the said [vendor^ his execu- tors and administrators, and every other person lawfully or equitably having or claiming any estate, right, title, interest, property, claim, or demand in, to, or out of the said premises hereinbefore expressed to be assigned, or any of them, or any part thereof, by, from, under, or in trust for him the said [vendo^ , his executors or administrators, shall and will, from time to time and at all times, upon the request and at the cost of the said ^nrchasor], his exe- cutors, administrators, or assigns, do and execute every such lawful act, thing, and assurance, for the further or more perfectly assuring the said premises, and every part thereof, unto the said [ purokaocr ], his executors, admini- strators, and assigns, in manner aforesaid, as by him or them shall be reasonably required. 57 PERSONAL CHATTELS. — and for fur- ther assurance. Sect. III. COVENANT TO PRODUCE DEEDS. ".^IJ &P4 f»-T- \Q 1 l/O And whereas the several doodoj ovidmc cj , and vviiting&, specified in the schedule here under written or hereunto aaa exec r y relate as well to the hereditaments comprised in the hereinbefore ^recited indenture (a), as to other here- ditaments belonging to the said [oovo tt emtor] . And upon COVENANT TO PRODUCE DEEDS. (a) This form assumes that the covenant is by a separate deed. If the covenant be by the purchase-deed, the deeds will probably have been recited, and the reference as to property will be to the " said hereditaments hereinbefore expressed to be granted [or appointed, &c, as the case may be~\." PRODUCE DEEDS. JoJ) See Bttpra, p. •">?, n. (\ y iviJvi&&&, VoOU /^^tfesnt^z^-^t^? cr iOicaa-' Ci&a& j£a^cc&&, st^*- ,ijC&t / iM£)cxx^0^il*TV/ i-rvi»M_- tyceve (7cn II. He the said [mortgagor] doth hereby, for himself, his heirs, executors, and administrators, covenant with the said [ mortgagees] , their executors and administrators, that he the said [mortgagor] , his heirs, executors, or ad- ministrators, will pay ur oauoo to be paid unto the said [mortgageoni], or the survivors or survivor of them, or the executors or administrators of such survivor, their or his assigns, the sum of £ [ the principal nwm] , together with interest for, the same in the meantime at the rate of Jul Ci lit /«• ' (ll'>i(if» £ for dBlOO for a yonr^ on the day of next [fix- calendar month* fr o m the data] , without any deduc- tion m 1 abatement whatuoovor i t.rrc/^/ yV* Jiioomc i/foxv III. He the said [mortgagor] doth hereby, for himself, COVENANTS FOR PAYMENT. 61 his heirs, executors, and administrators, covenant with the said ^ mortgagee ] , his executors and administrators, that he the said [ mwtffagm^ , his heirs, executors, or ad- ministrators, will, on the day of , pay or cauac - - to be paid unto the said [ merttpagve] , his executors, ad- ministrators, or assigns, the sum of £ [ike pi inupul «um duel, together with interest for .the same in the mean- time at the rate of £ fo r j£100 for a year, without any deduction e r abatomont whnlauiviT , and will, on demand, pay of cauae to be paid unto the said [ mortgagoo] , his executors, administrators, or assigns, every other sum of money (if any) which may hereafter be lent, advanced, or paid by the said [m ortgagoo] , his executors, administrators, or assigns, to or for the use or on the account of the said [mortgagor'] , his heirs, executors, or administrators, or which may hereafter become due or owing by the said [mort- gagor], his heirs, executors, or administrators, to the said [mortgagee^ , his executors, administrators, or assigns, with interest for the same sum or sums respectively, after the rate aforesaid, from the time or respective times of the same respectively being advanced, lent, or paid, or becom- ing due or owing, without any deduction » r abatement -whatsoever, ecccjefi I {o'l & *<•**» u? 't/ccoc IV. He the said [ mortgago r ] doth hereby, for himself, his heirs, executors, and administrators, covenant with the said [ mortgagee ? ] , their executors and administrators, that he the said [mortgagor] , his heirs, executors, or ad- ministrators, will, on the day of , pay o i 1 eatrse " ■ to b o paid - unto the said fawr-tgagoee], or the survivors or survivor of them, or the executors or administrators of such survivor, their or his assigns, the sum of £ [• the principal sum due] , together with interest for the SUM AND FURTHER AD- VANCES TO ONE. OF A GROSS SUM AND FURTHER AD- VANCES TO SEVERAL. same in the meantime at the rate of £ £teQ-fo^a- year, without any deduction e r aba t omc irt^wh atseeves, and will on demand pay eg^^e ause- te^ bo-pa id unto the said \yiw tyuyeei], or the survivors or survivor of them, or the executors or administrators of such survivor, their or his assigns, every other sum of money (if any) which may here- 62 FORMS IN MORTGAGES. op a gross after be lent, advanced, or paid by the said [ mortgagees] , or -tt^u^^ the survivors or survivor of them, or the executors or admi- URTHER AD- ' vances to nistrators of such survivor, their or his assigns, to or for the SEVERAL. /A> ACCOUNT CUR RENT use or on the account of the said [m o t lyayui] , his heirs, executors, or administrators, or which may hereafter become due or owing by the said [mortgagor] , his heirs, executors, or administrators, to the said [mortgage e s ] , or the survivors or survivor of them, or the executors or administrators of such survivor, or their or his assigns, with interest for the same sum or sums of money respectively, after the rate aforesaid, from the time or respective times of the same respectively being advanced, lent, or paid, or becoming due or owing, without any deduction of abatemont whataocver . ■Coecjtiif -for o7ri<>t>y*t£- UdCC, • of ax V. He the said [mortgagor] doth hereby, for himself, his heirs, executors, and administrators, covenant with the said [m ortgagees ] , their executors and administrators, that he the said [mortgagor] , his heirs, executors, or ad- ministrators, will on demand pay or eauoo to — be paid unto the said [ mortgag ee e ] , or the survivors or survivor of them, or the executors or administrators of such survivor, their or his assigns, the balance which on the account cur- rent of the said [mortgagor] with the said [mortgagees] , or the survivors or survivor of them, or the executors or admin- istrators of such survivor, their or his assigns, shall for the time being be due or owing from the said [- mortgagor ] , his heirs, executors, or administrators, for the said sum of £ [tho amount (if any) rocitod to be due on the account at th e da to of the mortgage] , and for bills and notes to be here- after discounted and paid, and for other loans, credits, or advances made to or for the accommodation or at the re- quest of the said [mortgagor] , his executors or administra- tors, and for interest, commission, and other lawful charges, without any deduction • op abateme n t whataoevcr . axce/iA ■d<-X ' sitrt'//\t. ,/ri y rvTEUKST VI. And the said [mortg ago r] doth hereby, for him- self, his heirs, executors, and administrators, covenant with the said [mortgagee], his executors and administrators, that if the said sum of £ [ike-prtrtcipal-snm], or any TO ONE. COVENANTS FOR PAYMENT. 63 TO ONE. part thereof, shall remain unpaid after the said day of 0F interest next, he the said fc i iortyayor], his heirs, executors, or administrators, will, so long as the same sum, or any part thereof, shall remain unpaid, pay or oaujc to be pai «l to the said [mortgagee] , his executors, administrators, or assigns, interest for the said sum of £ , or for so much thereof as shall for the time being remain unpaid, at the rate of £ per cent, per annum, by equal half- yearly payments, on the day of and the day of , without any deduction or abatomont what SOCVCr. Coccefif >(crc 'AifCriyiC t/cooc ■ TO SEVERAL. VII. And the said [^mortgagor] doth hereby, for him- of interest self, his heirs, executors, and administrators, covenant with the said [mortgagees- ], their executors and admini- strators, that, if the said sum of £ [the pvinvipal mm~\ , or any part thereof, shall remain unpaid after the said day of next, he the said [mortgagor"] , his heirs, execu- tors or administrators, will, so long as the same sum, or any part thereof, shall remain unpaid, pay or cause to be paid to the said [mortgagooo] , or the survivors or survivor of them, or the executors or administrators of such survivor, their or his assigns, interest for the said sum of £ , or for so much thereof as shall for the time being remain unpaid, at the rate of £ per cent, per annum, by equal half- yearly payments, on the day of and the day of , without any deduction or abatement - what - DO OVCr. drxiCfi ^ ^** JtictrrvySi tXuJC/ dividends. VIII. He the said [mortgagor] doth hereby, for him- of stock and self, his heirs, executors, and administrators, covenant with the said [mortgagees] , their executors and administrators, that he the said [mortgagor] , his heirs, executors, or admin- istrators, will, at his or their own cost, on or before the day of , transfer or cause to be transferred into the names or name of the said [m v rlguyvvs ^, or the sur- vivors or survivor of them, or the executors or administra- tors of such survivor, their or his assigns, the sum of £ — I. per Cent. Bank Annuities, and will in the meantime ay ©jueause-to he^paid-unto the said [ jn o ptgago o e ], or the 64 FORMS IN MORTGAGES. of stock and survivors or survivor of them, or the executors or admini- DIVIDENDS. „ . . .. ■ strators ot such survivor, their or his assigns, such sums 01 money as they or he would have been entitled to receive as and for the dividends of the said sum of £ — I. per Cent. Bank Annuities, so sold by them as aforesaid, the same had not been so sold, and at such times and in such manner as such dividends would have been payable, without any deduction or abatement whatsoever , ^xj^cxp^ it 19 Sect. II. PROVISOES FOR REDEMPTION. freeholds to I. Provided always, and it is hereby agreed and de- ONE * clared, that, if the said [mortgagor] , his heirs, executors, administrators, or assigns, shall pay or cause to be paid un- to the said [mortgagee] , his executors, administrators, or assigns, the said sum of £ [the principal] , together with interest for the same in the meantime at the rate of , r ie> CJT7 ij J\jC t aunt mi £ for XI 00 for a year, on the said day of next [ six calendar months from the dat e], without any de- duction or abatement whatsoever, then and in ouchcaeej and at any time thereafter, the said [mortgagee] , his heirs or as- signs, shall and will, upon the request and at the cost of the said [ mortgagor] , his heirs, executors, administrators, or assigns, reconvey the said hereditaments and premises here- inbefore expressed to be granted [or appointed, &o., a o the ease may be] , To the use of the said [mortgagor] , his heirs and assigns, or as he or they shall direct, free from incum- brances by the said ^ m o rtgagee] , his heirs or assigns, or any of them. khi 1 (holds to II. Provided always, and it is hereby agreed and de- hlN ''" u " clared, that, if the said [mortgagor^}, his heirs, executors, ad- ministrators, or assigns, shall pay M^aH8&4e-be"ptrttrunto the said [mortgagees], or the survivors or survivor of them, or PROVISOES FOR REDEMPTION. 65 the executors or administrators of such survivor, their or his assigns, the said sum of £ [4ho principa l], together with interest foy the same in the meantime at the rate of -TOl £ for th vl. fur ■fff n year, - on the day of next, [six calendar months from m f he date] , without any deduction or abatement whatsoever, then and in such "Case, and at any time thereafter, the said [mortgagees] , or the survivors or survivor of them, or the heirs of such survivor, their or his assigns, email and will, upon the request and at the cost of the said [mortgagor] , his heirs, executors, administrators, or assigns, reconvey the said hereditaments and premises hereinbefore expressed to be granted £ or appointed , &c. r ■ ofl the y.mo may be] To the use of the said [^ mo r tgagor] , his heirs and assigns, or as he or they shall direct, free from incumbrances by the said [mortgaged] , or any of them, their or any of their heirs, executors, administrators, or assigns, III. Provided always, and it is hereby agreed and declared, that, if the said [inorigagor] , his heirs, executors, administrators, or assigns, shall pay e r caueo to bo paid unto the said [mortgagee] ) his executors, administrators, or assigns, the said sum of £ [ the principal ], together with interest for the same in the meantime at the rate of fo 100 J. for on the said day of FREEHOLDS TO SEVERAL. LEASEHOLDS OR PERSONAL CHATTELS TO ONE. next [siw oalo n d a r months from the date ], without any de- duction oir abatement whatsoever, then and in ouoh oaee , and at any time thereafter, the said [mortgagee], his exe- cutors, administrators, or assigns, ohall and will, upon the request and at the cost of the said [mortgagor], his exe- cutors, administrators, or assigns, surrender for reassign, -m- i ho oaec nmg require] the said hereditaments and premises hereinbefore expressed to be demised [ or a oaign c d; a s the cv nAhtymzc/ case mag bo] Unto the said [m ort gag o r] , his executors, ad- ministrators, or assigns [tfleusehoM;~b y assignment, in s ert, for the residue then to come of the said term of years], or as he or they shall direct, free from incumbrances by the said ^mortgagee], his executors, administrators, or assigns. IV. Provided always, and it is hereby agreed and de- clared, that, if the said ^mortgagor], his heirs, executors, ad- F LEASEHOLDS 66 FORMS IN MORTGAGES. CHATTELS TO SEVERAL or personal ministrators, or assigns, shall pay or cauno to bo pnirl unto the said [mortgagees] , or the survivors or survivor of them, or the executors or administrators of such survivor, their or his assigns, the said sum of £ \4-ko prinoipaX] , together with interest for the same in the meantime at the rate of £ A fui 100/. Tui a .year , on the said day of next [six calendar months from the data] , without any deduction Z)l abatement whatsoever, then «md in audi caae, and at any time thereafter, the said [ mortgag e e s ] , or the survivors or survivor of them, or the executors or administrators of such survivor, their or his assigns, - shall and will, upon the request and at the cost of the said [mortgagor] , his executors, ad- ministrators, or assigns, surrender for reassign, ao tho oaec mag rcquir s ] the said hereditaments and premises hereinbe- fore expressed to be demised for assigned, as the Gase may - ht?£ Unto the said [mortgagor] , his executors, administrators, or assigns [ if leaseholds, by assignment, inser4 -,for the residue then to come of the said term of years] , or as he or they shall direct, free from incumbrances by the said [morfc gagcee] , or any of them, their or any of their executors, ad- ministrators, or assigns. freeholds V. Provided always, and it is hereby agreed and de- and lease- clared, that, if the said [mortgagor], his heirs, executors, HOLDS OR I'ER- .... • 1 11 1 -J sonal chat- administrators, or assigns, shall pay or oauoo to bo paid unto the said [ mortgagee] , his executors, administrators, or assigns, the said sum of [tJt# pri tt o ipal], together with interest for the same in the meantime at the rate of £ for 100/.- for a ye at " , on the said day of next [aim calendar months- from tho date ], without any deduction -or abatement whatsoever, then and in uuch case, and at any time thereafter, the said [m ortgage *^ , his heirs, executors, administrators, and assigns respectively, shall and - w ill, upon the request and at the cost of the said [mortgagor] , his heirs, executors, administrators, or assigns, reconvey the said hereditaments and premises hereinbefore expressed to be granted [or n\t\n>'\nte&r8te7j- a-* -t h e c as e ■mmj-brf] To the use of the said [awrt-gngor], his heirs and assigns, or as he or they shall direct, and surrender [er reassign, «.v the case- mag be] the said hereditaments and premises hereinbefore expressed to be demised [or assigned, as the case may be] TELS TO ONE. PROVISOES FOR REDEMPTION. 67 FREEHOLDS AND LEASE- HOLDS OR PER- SONAL CHAT- TELS TO ONE. unto the said [moi tyuyu)'], his executors, administrators, or assigns [ if - loasohold, by assignmnni, w T>ii>ert , for the residue then to come of the said term of years], free from all incumbrances by the said { mortgagee ^, his heirs, execu- tors, administrators, or assigns, or any of them. VI. Provided always, and it is hereby agreed and freeholds declared, that, if the said [mortgagor] , his heirs, executors, H olds or V per- administrators, or assigns, shall pay op cauao to bo paid sonal chat- , . , r __ -. , . c TELS TO unto the said [vuvrfgngaftf], or the survivors or survivor ot several. them, or the executors or administrators of such survivor, their or his assigns, the said sum of £ [ tho principal] , together with interest for the same in th rate of £ jurlOOl.' - for a year , on th next e meantime at the e said day of tej, without any deduction or abatement whatsoever, then a«d in uuch oooo, and at any time thereafter, the said [ mortgagees'] , or the survivors or survivor of them, or the heirs, executors, or administrators respectively of such survivor, their or his assigns, .shall and will, upon the request and at the cost of the said [movhjagw] , his heirs, executors, administrators, or assigns, reconvey the said hereditaments and premises hereinbefore expressed to be granted [ o r appointed, fee. as the cast mag bo] , To the use of the said fenortgago r} , his heirs and assigns, or as he or they shall direct, and sur- render [ or ycaooign, as the ease may bo] the said heredit- aments and premises hereinbefore expressed to be demised J^ o i' a s si gned , ua the m&e mag b e] Unto the said^moi Igagor], his executors, administrators, or assigns [if l e a s ch ff h lx, by -ass i gnme nt, i ns ert, for the residue then to come of the said term of years], free from all incumbrances by the said [ mer t g tt g # e &\, or any of them, their or any of their heirs, executors, administrators, or assigns. VII (a). Subject, nevertheless, to a condition for making (a) This condition follows immediately the covenant to surrender " to the use of the mortgagee, his heirs and assigns, according to the custom of the said manor, and by and under the rents, fines, heriots, suits, and services therefor due and of right accustomed." COPYHOLDS. 68 FORMS IN MORTGAGES. COPYHOLDS. void the same surrender, if the said [mortgagor] , his. heirs, executors, administrators, or assigns, shall pay or oauoc to b e paid unto the said [mortgagee] , his executors, admini- strators, or assigns [or, to the said mortgagees, or the sur- vivor or survivors of them, or the executors or administra- tors of such survivors, their or his assigns] , the said sum of £ [ the principal] , together with interest for the same in the meantime at the rate of £ for 100/. for a ytuxi ' , next [am cahndui muuths 2(, on the said day of - from the dato]^ without any deduction or abatomont what- soever. copyholds, VIII (a). Subject, nevertheless, to a condition for making with either «j ^g same surrender, corresponding with the proviso for FREEHOLDS OR » . r O X leaseholds, redemption hereinbefore contained. IN MORT- GAGE FOR A GROSS SUM AND FURTHER ADVANCES TO ONE. IX. Provided always, and it is hereby agreed and de- clared, that, if the said [mortgagor'] , his heirs, executors, administrators, or assigns, shall pay or oauco to be paid unto the said [ r nortgagoo] , his executors, administrators, or as- signs, the said sum of £ [the principal sum due ^ , toge- ther with interest for the same in the meantime at the rate of £ for lQO/i for a yoar ^ on the said day of next, without any deduction o r a b atement whatsoever, and shall, on demand, or without any demand having been made, pay or <2ause 4o be ^a*d- unto the said yaortgagee^-, his exe- cutors, administrators, or assigns, every other sum of money (if any) which may hereafter be lent, advanced, or paid by the said [mortgagee], his executors, administrators, or assigns, to or for the use or on the account of the said [mortgagor], his heirs, executors, or administrators, or which may hereafter become due or owing by the said [mortgagor], his heirs, executors, or administrators, to the said [mortgtigt'c], his executors, administrators, or assigns, with interest for the same sum or sums respectively, after the rate aforesaid, from the time or respective times of the same respectively being advanced, lent, or paid, or (a) Sec note, ante, p. (57. PROVISOES FOR REDEMPTION. 69 becoming due or owing, as the case may be, without any deduction et abatement whatsoever, then awd in su c h chsc, and at any time thereafter, the said [ mot ' tyaycc] , his heirs or assigns, skull and will, upon the request and at the cost of the said [mot iyayor) , his heirs, executors, administrators, or assigns, reconvey the said hereditaments and premises hereinbefore expressed to be granted ^- appointed; fcc v ar fh r ~r,M ™ny An] Unto the said [mortgagor^ , his heirs or assigns, or as he or they shall direct, free from incum- brances by the said [mortgagee], his heirs, executors, ad- ministrators, or assigns {a). IN MOUTGAGK FOR A GROSS SUM AND FUR- THER ADVAN- CES TO ONE. X. Provided always, and it is hereby agreed and de- clared, that, if the said [mortgagor 1 ] , his heirs, executors, administrators, or assigns, shall pay or cause to bo paid unto the said [tnortgagooo], or the survivors or survivor of them, or the executors or administrators of such survivor, their or his assigns, the said sum of £ [the principal awm due], together with interest for the same in the mean- time at the rate of £ jr- for IOOp. for a yeap^ on the said day of next, without any deduction IN MORTGAGE FOR A GROSS SUM AND FUR- THER ADVAN- CES TO SEVE- RAL. whatsoever, and shall, on demand, or without any demand having been made, pay or oa uoo to bo paid unto the said [mortgagees] , or the survivors or survivor of them, or the executors or administrators of such survivor, their or his assigns, every other sum of money (if any) which may hereafter be lent, advanced, or paid by the said [mm^g^- -gees], or the survivors or survivor of them, or the execu- tors or administrators of such survivor, their or his assigns, to or for the use or on the account of the said [m& rtgoig o r] , his heirs, executors, or administrators, or which may here- after become due or owing by the said \mo3dgagod^, his heirs, executors, or administrators, to the said \moi4- ^gag&es^, or the survivors or survivor of them, or the execu- tors or administrators of such survivor, their or his assigns, with interest for the same sum or sums respectively, after («) This form is adapted to freeholds only. The variations re- quired for leaseholds, copyholds, &c, will be seen, supra, pp. 65 — 08. 70 FORMS IN MORTGAGES. in mortgage the rate aforesaid, from the time or respective times of the FOR A GROSS SUM AND FUR- same respectively being advanced, lent, or paid, or be- ther advan- coming due or owing, as the case may be, without any deduction ov abatement whatsoever, then aad in ouch case, - RAL. 2£ RENT. and at any time thereafter, the said [mortgagees] , or the survivors or survivor of them, or the executors or admini- strators of such survivor, their or his assigns, shall an 4 will, upon the request and at the cost of the said [ mortgagor] , his heirs, executors, administrators, or assigns, reconvey the said hereditaments and premises hereinbefore expressed to be granted [■ #?' appointed Szeij - as ike case mag bc~\ Unto the said [ mortgagor] , his heirs or assigns, or as he or they shall direct, free from incumbrances by the said [mort * gagtn] , or any of them, their or any of their heirs, execu- tors, administrators, or assigns (a). in mortgage xi. Provided always, and it is hereby agreed and TO secure an . . . account cur- declared, that, if the said [mortgag o r] , his heirs, executors, administrators, or assigns, shall, on demand, or without such demand having been made, pay or cauoo to be paid unto the said [mortgagees], or the survivors or survivor of them, or the executors or administrators of such survivor, their or his assigns, the balance which, on the account current of the said [mortga>gor] with the said [mortgagees] , or the sur- vivors or survivor of them, or the executors or administrators of such survivor, their or his assigns, shall for the time being be due or owing from the said [ mortgagor] , his exe- cutors, or administrators, for the said sum of £ , and for bills and notes to be hereafter discounted and paid, and for other loans, credits, or advances made to or for the accom- modation or at the request of the said Mortgagor] , his exe- cutors or administrators, and for interest, commission, and other lawful charges, without any deduction or abatement whatsoever, then a*td-4»— s»eh-ett6% and at any time after such payment shall have been so made, they the said [moxi-~ 4jHgern], or the survivors or survivor of them, or the heirs of ('/) This form is adapted bo freeholds only ; the variation required foi Leaseholds, copyholds, &c, will be seen, supra, pp. 65 — 6ft. PROVISOES FOR REDEMPTION. 71 such survivor, their or his assigns, ohall and will, upon the in mortgage request and at the cost of the said [moi ' f i jayu - i *], his heirs, ACC wvt\ubl- executors, administrators, or assigns, reconvey the said here- _ rent. ditaments and premises hereinbefore expressed to be grant- ed [rr appelated, i Yp . j ni the c ane mrrg hr] . Unto the said [mortgago r ] , his heirs and assigns, or as he or they shall in that behalf direct, free from all incumbrances whatsoever by the said [mortgagooe] -, or any of them, their or any of their heirs, executors, administrators, or assigns (a). XII. Provided always, and it is hereby agreed and de- clared, that, if the said [mortgagor] , his heirs, executors, administrators, or assigns, shall transfer or oaueo to bo trans f e rred into the names or name of the said [mortgageori] , or the survivors or survivor of them, or the executors or administrators of such survivor, their or his assigns, the said sum of £ — /. per Cent. Bank Annuities, on the said day of next, and shall in the meantime survivors or survivor of them, or the executors or admini- strators of such survivor, their or his assigns, such sums of money as they or he would have been entitled to receive as and for the dividends of the said sum of £ — /. per Cent. Bank Annuities, so sold by them as aforesaid, if the same had not been so sold, and at such times and in such manner as such dividends would have been payable, without any deduction or ab atemen t what- soever, then and in s uch—ease) and at any time after such transfer and payment shall have been so made, they the said [mortgagees ' ] , or the survivors or survivor of them, or the heirs, executors, or administrators of such survivor, their or his assigns, s lraHr^tnd will, upon the request and at the cost of the said [mortgagor] , his heirs, executors, ad- ministrators, or assigns, reconvey the said hereditaments and premises hereinbefore expressed to be granted [or ap- pointed, &c, as the case may be], To the use of the said IN MORTGAGE TO SECURE THE RE- TRANSFER OF STOCK. (a) The above form is adapted to freeholds only ; the variations required for leaseholds, copyholds, &c, will be seen, supra, pp. 65 — 68. 72 FORMS IN MORTGAGES. in mortgage [mortgagor] , his heirs and assigns, or as he or they shall to secure direct, free from incumbrances by the said \m(\riqa or THE RE- ' J <- t7^V7 J' transfer of any of them, their or any of their heirs, executors, admini- - strators, or assigns, or any of them (a). (a) This form is adapted for a mortgage of freeholds ; the varia- tions required for other cases will be seen, supra. Sect. II. PROVISOES FOR QUIET ENJOYMENT BY MORTGAGOR UN- TIL DEFAULT (b). freeholds. I. Provided also, and it is hereby agreed and declared, that it shall be lawful for the said [mortgagor ] , his heirs and assigns, to hold and enjoy all the said hereditaments and premises hereinbefore expressed to be granted [ or - appoint - ed-, fefc ) a e the case may b e], and to receive and take the rents and profits thereof, until default shall be made in payment of the said sum of £ [tJie—principnl] , or the interest for the same or some part thereof respectively, contrary to the proviso in that behalf hereinbefore contained, without any interruption or disturbance whatsoever by the said (b) A proviso for quiet enjoyment by the mortgagor, until default in payment of the principal and interest on the day appointed, is generally inserted in mortgages, but is of very little real use, as the day of payment is generally only six months from the date : after that day default is made, and the operation of the proviso ceases. In mortgages for terms of years it may be made of more effect. (See Powseley v. Black-man, (Cro. Jac. 669 ; 6 B. & Aid. 005, n. (a) ) ; Wilkinson v. Hall, (3Bing. N. C.60H) ; Doc d. Roylance v. Liphtfoot, (8 Mce. & Wels. 653) ; Doc d. Lyslcr v. Goldwin, (I Gale & Dav. 403); Whcrkr v. Montcfwrc, (I Gale & Dav. 493). The following provisoes are somewhat abbreviated from those in ordinary use. FOR QUIET ENJOYMENT TILL DEFAULT. 73 foivityuyvvs vi mui tyuyev] Lheir for Iii sj- heirs or assigns, or freeholds. any person lawfully or equitably claiming by, from, or under [hin t ] them, or any of them. II. Provided also, and it is hereby agreed and de- copyholds. clared, that it shall be lawful for the said [mortgagor] -, his heirs and assigns, to hold and enjoy all the said heredita- ments and premises hereinbefore covenanted to be surren- dered, and to receive and take the rents and profits thereof, until default shall be made in payment of the said sum of £ [the principal] , or the interest for the same or some part thereof respectively, contrary to the condition in that behalf hereinbefore mentioned, without any interruption or disturbance by the said [ mortgagees or mortgag e e] , their -fori — ■ hi sj- heirs or assigns, or any person lawfully or equitably claiming by, from, or under [him] them, or any of them. III. Provided also, and it is hereby agreed and de- leaseholds. clared, that it shall be lawful for the said [ mortgagor^ , his executors, administrators, and assigns, to hold and enjoy all the said hereditaments and premises hereinbefore expressed to be demised for aooignod, a » -4ho ease mag bo] , and to receive and take the rents and profits thereof, until default shall be made in payment of the said sum of £ [the , pr i noipal] , or the interest for the same or some part thereof respectively, contrary to the proviso in that behalf hereinbe- fore contained, without any interruption or disturbance by the said [mortgagees or mortgagee] , their [or his] executors, administrators, or assigns, or any person lawfully or equit- ably claiming by, from, or under £hin r] them, or any of them. AND COPY- HOLDS. IV. Provided also, and it is hereby agreed and de- freeholds clared, that it shall be lawful for the said [m o rtga ge*^, his heirs and assigns, to hold and enjoy all the said heredita- ments and premises hereinbefore expressed to be granted [or appointed, &e., as tJie-tme-may 'be], and covenanted to be surrendered respectively, and to receive and take the rents and profits thereof, until default shall be made in payment of the said sum of £ [ffto principal] , or the 74 FORMS IN MORTGAGES. FREEHOLDS AND COPY- HOLDS. 3u< FREEHOLDS AND LEASE- HOLDS. interest for the same, or some part thereof respectively, contrary to the proviso in that behalf hereinbefore con- tained, without any interruption or disturbance by the said [ mm lyuyves onnvi tyayee] , their [or ki sj heirs or assigns, or any person lawfully or equitably claiming by, from, or under [him] them, or any of them. V. Provided also, and it is hereby agreed and declared, that it shall be lawful for the said [mortgagor] , his heirs, executors, administrators, and assigns respectively, to hold and enjoy all the said hereditaments and premises hereinbe- fore expressed to be granted [or appointed, &c, ae the case • mag b e] and assigned [or domieodj as the case may be] respectively, and to receive and take the rents and profits thereof, until default shall be made in payment of the said sum of £ [the principal] , or the interest for the same or some part thereof respectively, contrary to the proviso in that behalf hereinbefore contained, without any interrup- tion or disturbance by the said [mortgagees or mortgagee] , their -[©*-his] heirs, executors, administrators, or assigns, or any other person lawfully or equitably claiming by, from, or under f k w n] them, or any of them. 1f 06. tf. LEASEHOLDS AND COPY- HOLDS. VI. Provided also, and it is hereby agreed and de- clared, that it shall be lawful for the said [mortgagor] , his heirs, executors, administrators, and assigns respectively, to hold and enjoy all the said hereditaments and premises hereinbefore expressed to be demised [or a ss ign e d, as the caso mag bo], and covenanted to be surrendered respect- ively, and to receive and take the rents and profits thereof, until default shall be made in payment of the said sum of £ [tU#~p r i nc ipa l] , or the interest for the same or some part thereof respectively, contrary to the proviso in that behalf hereinbefore contained, without any interruption or disturbance by the said [mortgagees- or mo r t gag e e] , their [flf4HH] heirs, executors, administrators, or assigns, or any other person lawfully or equitably claiming by, from, or under [him-] them, or any of them. pkseholds, VII. Provided also, and it is hereby agreed and de- FOR QUIET ENJOYMENT TILL DEFAULT. 75 clared, that it shall be lawful for the said [vwrtgmprrj, his heirs, executors, administrators, and assigns respectively, to hold and enjoy all the said hereditaments and pre- mises hereinbefore expressed to be granted [ov Appointed, and assigned [ e r demised } as the respectively, and all the said hereditaments and premises hereinbefore covenanted to be surrendered, and to receive and take the rents and profits thereof, until default shall be made in payment of the said sum of £ [ iho principal"] , or the interest for the same or some part thereof respectively, contrary to the proviso in that behalf hereinbefore contained, without any interruption or disturb- ance by the said [mortgagees or mortgage r ^], their [ op hi 3] heirs, executors, administrators, or assigns, or any person lawfully or equitably claiming by, from, or under [himj them, or any of them. VIII. Provided also, and it is hereby agreed and de- clared, that it shall be lawful for the said finortgayot^ , his heirs and assigns, to hold and enjoy all the said heredita- ments and premises hereinbefore expressed to be granted fcop appointed) S sGrj-a s - the case may he] , and to receive and take the rents and profits thereof, until default shall be made in payment of the said sum of £ [ the principal - mtm already due] , or the interest for the same or some part thereof respectively, or of some other principal money or in- terest intended to be hereby secured, contrary to the proviso hereinbefore contained for payment of the same, without any interruption or disturbance by the said [ m o r tg agees^} ' mm l- gctged], their [ op his] heirs or assigns, or any person law- fully or equitably claiming by, from, or under [him}- them, or any of them (a). COPYHOLDS, AND LEASE- HOLDS. IN MORTGAGE TO SECURE A GROSS SUM AND FURTHER ADVANCES. IX. Provided also, and it is hereby agreed and de- clared, that it shall be lawful for the said [mortgagor]) his heirs and assigns, to hold and enjoy all the said heredita- IN MORTGAGE TO SECURE AN ACCOUNT CURRENT. (a) This form is adapted to freeholds only ; the variations required in the cases of copyholds, leaseholds, &c, will be seen, supra, pp. 73,74. 76 FORMS IN MORTGAGES. TO SECURE AN ACCOUNT CURREN. in mortgage ments and premises hereinbefore expressed to be granted \m appo i nted, &c., as the case mag be] , and to receive and take the rents and profits thereof, until default shall be made in payment of the balance on the said account current as aforesaid, or some part thereof, contrary to the proviso in that behalf hereinbefore contained, without any interruption or disturbance by the said [ mortgaged a or mortgagee] , their [ - or hi e ] heirs or assigns, or any person lawfully or equitably claiming by, from, or under foim j them, or any of them (a). (a) This form is adapted to freeholds only ; the variations required in the cases of copyholds, leaseholds, &c, will be seen, supra, pp. 73,74. Sect. III. MISCELLANEOUS PROVISOES. THAT THE MONEY HE- LONGS TO MORTGAGEES ON A JOINT ACCOUNT. I. Provided always, and it is hereby agreed and de- clared, that the said sum of £-* — -r,.so advanced, and paid, A by the said [mortgagees] as aforesaid, was^money belonging to them upon a joint account in equity as well as at law, An - d that -t h e sa ' t 4 ^[mn^fgagee»] s hall remain jointly cntt — tied, in equity aa well a o-a t law, to the aum of X " and ~ interest, intended t o - be hereby secur ad, and, accordingly, that the receipts of the survivors or survivor of them, -febe- sai r l [mortgagees^ , or of the executors or administrators of such survivor, shall be effectual discharges for the said sum of £ -and the interest for the same, -wh' t hereof re s pec t ively^ voa reduc- 'I- Provided always, and the said [ mort gagee] doth '""''"' '" ,N * hereby, for himself, his heiiu, executors, and administrators. TKBBST IN mortgage to covenant with the said [martgugxix\, his heirs, executors, administrators, and assigns, that, if the said [mortgagor-], ONI MISCELLANEOUS PROVISOES. . 77 ln's heirs, executors, administrators, or assigns, shalloon the for reduc- TION OK IN- day of and the day of (a) in every tbrbst in year, so long as the said principal sum of £ , or any mortgage to part thereof, shall remain unpaid, or within thirty days next after each of the said days respectively, pay m uiusl to bo paid unto the said [moptgagoe] , his executors, ad- ministrators, or assigns, interest for the said sum of £ , or for so much thereof as shall for the time being remain unpaid, at the rate of £ \4he reduced >ule~\ fo r 100/ . 'fisretiyf/ho.v -a mu ^ n for a year, then and in such case, he the said \_morlg \ xgvC\ , his executors, administrators, and assigns, will accept in- terest for the said sum of £ , or for so much thereof as shall for the time being remain unpaid, at the rate of £ //' r " ( <^»V ^u^nnu^ y/io roch t cod rate] for lOQfl. io c a year , - for every half - year Oc f c . r t w ol»o^^ vt< ^ then, in such case, they the said [mo r t g agees] , or the sur- ""*^-c6«/*~ v^xex^u^^ vivors or survivor of them, or the executors or admini- / u y interest for the said sum of £ , or for so much thereof ' uV nt,c <> „/ clI ; tft / C(1M / fti as shall for the. time being remain unpaid, at the rate of hc^i^/ (ix* uc< ic/ £ tf&e ~\ 07. for a .y e ar fui t v cry-hal f-yftar f o i ^ wkiefa^/; / v . ci . , ULC( / r .,„,/Z^v — - *•»*< fatfe&U ^^ /x / /^ (a) The half-yearly days of payment. ^ ao '^ &* /"*? >>"*>/«/■ />*, .^i^toy, fa&u /*.■><-<•<„ t y^t ^tt< IclaJurn In .ldi n 4u. r r Cm(c\cc{ tub "-i■ terest in thirty days as aforesaid. MORTGAGE TO SEVERAL. THAT MONEY SHALL RE- MAIN FOR A IS MORTGAGE TO ONE. IV. Provided always, and the said [mortgagee] doth shall re- hereby, for himself, his heirs, executors, and admini- JtfAIN FOR A J . certain term strators, covenant with the said [moriyayirr], his heirs, executors, administrators, and assigns, that, if the said [mortyugoi] , his heirs, executors, administrators, or assigns, shall, on every day of and clay of (a), until the day of , 18 — , or within thirty days next after each of the said days respectively, pay to the said [mortgagee] , his executors, administrators, or assigns, in- terest for the said sum of £ , at the rate aforesaid, up to the same half-yearly days of payment respectively, and shall perform, observe, and fulfil all and every the covenants and agreements hereafter contained, and on the part of the said [mortgagor] , his heirs, executors, administrators, or assigns, to be performed, observed, and fulfilled, then and in such case, he the said [mortgagoo] , his executors, administrators, or assigns, will not, before the said day of , 18 — , call in the said principal sum of £ , or any part thereof; Provided also, and it is hereby further agreed and de- clared, that the said [ mortgagor] , his heirs, executors, ad- ministrators, or assigns, shall not, before the said day of , 18 — , compel the said [m ortgagoo] , his execu- tors, administrators, or assigns, to receive the said sum of £ , or any part thereof. that money V. Provided always, and the said [ mortgagees] do hereby, for themselves, their heirs, executors, and admini- MAIN FOR A J ' ' ' ' certain term strators, covenant with the said [m ortgagor] , his heirs, to several, executors, administrators, and assigns, that, if the said [ mortgagor] ) his heirs, executors, administrators, or assigns, shall, on every day of and day of (a), m <{ u < <■<>- ■Jf /'(/^until the day of , 18 — ,*or within thirty days ,,,/ n.o,/,^.'/ avow next after each of the said days respectively, pay to the / /v // / J., .said [mt\Ytiiaq#oi\, or the survivors or survivor of them, or /^""" hi*s*U*x4n ■ („) The half-yearly days of payment. Jr. ^e (Wet thruv axxjs Gcoidpi /'" <«^.' ( , /r, n^yW / ^^ vvfiw / € , A/u ,U,'«/ J tfu hCAC/rris.'' MISCELLANEOUS PROVISOES. 79 MONEY SHALL RE- MAIN FOR A the executors or administrators of such survivor, their or that his assigns, interest for the said sum of £ , at the rate aforesaid, up to the same half-yearly days of payment re- certain term spectively, and shall perform, observe, and fulfil all and T o Several? every the covenants and agreements hereinafter contained, and on the part of the said ^mortgagor] , his heirs, execu- tors, administrators, or assigns, to be performed, observed, or fulfilled,^ then, and in such case, they the said [mort- gagees] , or the survivors or survivor of them, or the exe- a cutors or administrators of such survivor, their or his „ -, assigns, will not, before the said day of , 18 — , call in the said principal sum of £ , or any part thereof; A&ciu c( u, letvir A o as the caso may be] , all the said hereditaments and premises hereinbefore ex- pressed to be appointed and granted [or granted oi* ap pointed, ifeet, m tho case may ~be] , To the use of the said \niortgayoc&\, their heirs and assigns, in manner afore- said. And also, that, if default shall be made in pay- ment of the said sum of £ [the principal - ] , or any interest for the same, or any part thereof respectively, contrary to the proviso for redemption hereinbefore con- tained, it shall be lawful for the said " [m o i ' iy a yvub'] , their heirs and assigns, to enter into and upon the said here- ditaments and premises, or any part thereof, and the same from thenceforth quietly to hold, occupy, and enjoy, and receive and take the rents and profits thereof, without any lawful interruption or disturbance from or by the said [mortgagor , his heirs or assigns, or any other person ; And that free and discharged, or otherwise by the said \yHo * 4y* * gt>r \, his heirs, executors, or administrators, suffi- ciently indemnified, from and against all estates, incum- brances, claims, and demands whatsoever ; And, more- over, that he the said [woW/yffyopj f , and his heirs, and every other person having, Ot lawfully or equitably claim- ing, any estate, wghtj titloj interest, property, claim, or«i«— ■ in and of, in, or to t he said hereditaments and premises, or any part thereof, shall and will, from time to time, and at COVENANTS FOR TITLE. 83 FREEHOLDS. COPYHOLDS. — for right to surrender; all times, upon the request of the said [ i mrtgi i gei'A], or the survivors or survivor of them, or the heirs, executors, or administrators of such survivor, their or his assigns, but at the cost of the said [mortgagor'] , his heirs, executors, or administrators, do and execute every such lawful act, thing, and assurance, for the further or more perfectly assuring the said hereditaments and premises, and every part there- of, To the use of the said [ mortgagees] , their heirs and assigns, in manner aforesaid, as by the said [mortgagooo] , or the survivors or survivor of them, or the heirs, executors, or administrators of such survivor, their or his assigns, shall be reasonably required. II. And the said [mortgagor] doth hereby, for himself, his heirs, executors, and administrators, covenant with the said [vt,u> tyuyve.s] , their heirs and assigns, that he the said [ mortgagor] now hath [or, if more t han quo party is to joi n in the surrender, they the &ai4 — - a nd— ■ now have] good right and full power to surrender the said heredita- ments and premises hereinbefore covenanted to be surren- dered, To the use of the said [n tortgagcoe] , their heirs and assigns, in manner aforesaid; And also, that, if default — for quiet en- shall be made in payment of the said sum of £ \ih* Sgageel ** principal] , or any interest for the same, or any part thereof after default, respectively, contrary to the proviso for redemption here- inbefore contained, it shall be lawful for the said [ mort payees] , their heirs and assigns, to enter into and upon the said hereditaments and premises, or any part thereof, and the same from thenceforth quietly to hold, occupy, and enjoy, and receive and take the rents and profits thereof, without any lawful interruption or disturbance from or by the said [ m or tga g o r*^ his heirs or assigns, or any other per- son ; And that free and discharged, or otherwise by the free from in- said [«#f^e4) bis heirs, executors, or administrators, suf- cum ficiently indemnified, from and against all estates, incum- brances, claims, and demands whatsoever, other than the rents, fines, heriots, suits, and services therefore due, and of right accustomed ; And, moreover, that he the said \? n i &i - —for further g a gor] and his heirs, and every other person having, or law- assuiancc - fully or equitably claiming, any estate, right, title, interest, g2 84 FORMS IN MORTGAGES. COPYHOLDS. property, claim, or demand of, in, or to the said heredita- ments and premises, or any part thereof, shall and will, from time to time, and at all times, upon the request of the said [mortgagees], or the survivors or survivor of them, or the heirs, executors, or administrators of such survivor, their or his assigns, but at the cost of the said [mortgagor] , his heirs, executors, or administrators, do and execute every such lawful act, thing, and assurance for the further or more perfectly assuring the said hereditaments and pre- mises, and every part thereof, To the use of the said [mort ■ gagccs\ their heirs and assigns, in manner aforesaid, as by the said [mortgagees] , or the survivors or survivor of them, or the heirs, executors, or administrators of such survivor, their or his assigns, shall be reasonably required. #f LEASEHOLDS. — that the lease is good ; — that rents have been paid and covenants performed ; — for right to demise or assign ; — for quiet en- joyment by the mortgagees after default, III. And the said { n wrigagor] doth hereby, for him- self, his heirs, executors, and administrators, covenant with the said [mortgagees] , their executors, administrators, and assigns, that the said indenture of lease of the day of \ 4ke lease ] is now a good, valid, and effectual lease of the said hereditaments and premises hereinbefore ex- pressed to be demised [or aooignod; a» th e case mag be ], and is in full force, unforfeited and unsurrendered, and in no- wise become void or voidable; And that all and singular the rents, covenants, conditions, and agreements in and by the said indenture of lease reserved and contained, and on the part of the lessee, his executors, administrators, and assigns, to be paid, observed, and performed, have been paid, observed, and performed up to the date of these pre- sents ; And also, that he the said [nwi'tgugur] now hath [ or, if more than one party joins in t he demise; they the s««J ftwtl frow-have^ good right and full power to demise [ - o r aoa ign, as t h e -eme-mmf-bt] the said here- ditaments and premises hereinbefore expressed to be de- mised -{^-assigned, -as lite -e m s m ag be] , for the term and in manner aforesaid; And also, that, if default shall be made in payment of the said sum of £, [the priii* ci/xil], or any interest for the same, or any part thereof respectively, contrary to the proviso for redemption here- inbefore contained, it shall be lawful for the said [mort' COVENANTS FOR TITLE. 85 gwygggjj , their executors, administrators, and assigns, to leaseholds. enter into and upon the said hereditaments and premises, or any part thereof, and the same thenceforth during the same term quietly to hold, occupy, and enjoy, and receive and take the rents and profits thereof, without any lawful interruption or disturbance from or by the said [ mortgagor] , his executors, administrators-, or assigns, or any other person ; And that free and discharged, or other- free from in- wise by the said [morfgagov] , his executors or administra- tors, sufficiently indemnified, from and against all estates, incumbrances, claims, and demands whatsoever ; And, —for further moreover, that he the said \j mw lyuyw] ; his executors a6Surance; and administrators, and every other person having, or law- fully or equitably claiming, any estate, right, title, interest, property, claim, or demand of, in, or to the said heredita- ments and premises, or any part thereof, shall and will, from timeto time, and at all times during the said term for which the said hereditaments and premises are hereinbefore expressed to be demised [or a e oigncd) w tho oaeo may bo], upon the request of the said [mortgagooe]^ or the survivors or survivor of them, or the executors or administrators of such survivor, their or his assigns, but at the cost of the \ (XU / [m ortgagor] , his executors or administrators, do and exe- cute every such lawful act, thing, and assurance for the further or more perfectly assuring the said hereditaments and premises, and every part thereof, unto the said [movt ^fagtrs%, their executors, administrators, and assigns, for the then residue of the same term and in manner aforesaid, as by the said [mortg a gcoe] , or the survivors or survivor of them, or the executors or administrators of such survivor, their or his assigns, shall be reasonably required; And —for payment that he the said [ m or tgag o r] , his executors, administra- ° f r fo° m a a nce of tors, or assigns, shall and will, from time to time, and at all covenants, times, so long as any money shall remain on the security of these presents, pay, observe, and perform, or cause to be paid, observed, and performed, all and singular the rents, covenants, conditions, and agreements in and by the said indenture of lease reserved and contained, and on the part of the lessee, his executors, administrators, or assigns, to be paid, observed, and performed, and keep the said [morf- 86 FORMS IN MORTGAGES. LEASEHOLDS. iZr FREEHOLDS AND COPYHOLDS. — for right to release the free- holds, and to sur- render the cojiyholds; — for quiet enjoyment by the mortgagees after default, free from incumbrances • gagooe], and every of them, their and every of their heirs, executors, administrators, and assigns, indemnified against all actions, suits, proceedings, costs, charges, damages, claims, and demands whatsoever (if any) which shall or may be incurred or sustained by reason or on account of the non-payment, non-observance, or non-performance of the same rents, covenants, conditions, and agreements, or any of them. IV. And the said [mortgagor] doth hereby, for him- self, his heirs, executors, and administrators, covenant with the said [mortgagees] , their heirs and assigns, that he the said [mortgagor] now hath [or, if more than one parly has joined in conveying, that the oaid im4r now have !} good right and full power to direct, limit, and appoint, and also to grant and confirm [or to direct, limit, and fe ap - point) or to grant and confirm, &o., ■ ae the case may re rpti m ] , the said hereditaments and premises hereinbefore expressed to be appointed and granted [or appointodj or grantod, &c, as tho case may be ], To the use of the said [mortgagooo] , their heirs and assigns, in manner aforesaid ; And also to surrender the said hereditaments and premises hereinbefore covenanted to be surrendered, To the use of the said [mortgagees] , their heirs and assigns, in manner aforesaid; And also, that, if default shall be made in payment of the said sum of £ [4fo- -princrpaf] , or any interest for the same, or any part thereof respectively, con- trary to the proviso for redemption hereinbefore contained, it shall be lawful for the said [mortgagee*], their heirs and assigns, to enter into and upon the said freehold and copy- hold hereditaments and premises, or any of them, or any part thereof, and the same from thenceforth quietly to hold, occupy, and enjoy, and receive and take the rents and pro- fits thereof, without any lawful interruption or disturbance from or by the said [itwrtyagor], his heirs or assigns, or any other person ; And that free and discharged, or otherwise liy llie said [iMtrl-yuyur], Ids heirs, executors, or administra- tors, sufficiently indemnified, from and against all estates, incumbrances, claims, and demands whatsoever, other than the renls, fines, hefiots, suits, and services due and of right COVENANTS FOR TITLE. 87 accustomed in respect of the said copyhold premises ; And, freeholds moreover, that he the said ^ mortgagor], and his heirs, COP yholds and every other person, having, or lawfully or equitably ^Z 7~~, claiming, any estate, right, title, interest, property, claim, assurance, or demand whatsoever, of, in, or to the said freehold and copyhold hereditaments and premises, or any of them, or any part thereof respectively, shall and will, from time to time, and at all times, upon the request of the said [moityuyws], or the survivors or the survivor of them, or the heirs, executors, or administrators of such survivor, their or his assigns, but at the cost of the said [mortgagor], his heirs, executors, or administrators, do and execute every such lawful act, thing, and assurance, for the further or more perfectly assuring the said freehold and copyhold here- ditaments and premises, and every part thereof respectively, To the use of the said [m o t lyuyeix ] , their heirs and assigns, in manner aforesaid, as by the said [- mortgagees] , or the sur- vivors or survivor of them, or the heirs, executors, or ad- ministrators of such survivor, their or his assigns, shall be reasonably required. V. And the said [mortgagor] doth hereby, for himself, freeholds his heirs, executors, and administrators, covenant with the le4 ^h 0LDS said [moi'tgagooe]) their heirs, executors, administrators, and assigns, that the said indenture of lease of the day of ~ *** the , . . lease is good ; [ tko loaeo] is now a good, valid, and effectual lease of the said hereditaments and premises hereinbefore expressed to be demised [of t tooign e d, as the e&ee - maybe], and is now in full force, unforfeited, and unsurrendered, and in nowise become void or voidable ; And that all and singular the — that rents rents, covenants, conditions, and agreements in and by the an^covenants ' said indenture of lease reserved and contained, and on the performed ; part of the lessee, his executors, administrators, or assigns, to be paid, observed, and performed, have been paid, ob- served, and performed up to the date of these presents ; —for right to And that he the said [mwiyayor'} now hath [- or, if mom j^ 1 ^ 6 the free " than ono party join m conveying, that thoy the said — and = s * T -now havo] good right and full power to grant, release, and confirm [or to divoot, limit, and appoint, fee, « j »» the cttse may be] the said hereditaments and premises here- ss FORMS IN MORTGAGES. FREEHOLDS AND LEASEHOLDS. and to convey the leaseholds ; — for quiet en- joyment by the mortgagees after default, free from in- cumbrances ; — for further assurance ; mbefore expressed to be granted and released [or - appoint - ed, &c., us the mse may be] , To the use of the said [mort - gagees] , their heirs and assigns, in manner aforesaid; And that he the said [mortgagor] now hath \# r, if more than ono party join in the domisOi that they the said and now have] good right and full power to demise {or- aooign, ao tho ease m&y require] the said hereditaments and premises hereinbefore expressed to be demised [or assigned, ■ tt& (he mn map fli] , unto the said [mortgagees] , their exe- cutors, administrators, and assigns, for the term and in man- ner aforesaid ; And also, that, if default shall be made in payment of the said sum of £ , or any interest for the same, or any part thereof respectively, contrary to the pro- viso for redemption hereinbefore contained, it shall be law- ful for the said [mortgagee *] , their heirs, executors, admi- nistrators, and assigns respectively, at any time or times thereafter, to enter into and upon the said freehold and leasehold hereditaments and premises, or any part thereof respectively, and the same from thenceforth peaceably and quietly to hold, occupy, and enjoy, and receive and take the rents and profits thereof, without any lawful interruption or disturbance from or by the said [mortgagor] , his heirs, exe- cutors, administrators, or assigns, or any other person ; And that free and discharged, or otherwise by the said \ mor%» g&gor ], his heirs, executors, or administrators, sufficiently indemnified, from and against all estates, incumbrances, claims, and demands whatsoever; And, moreover, that he the said [mortgagor] , his heirs, executors, and admini- strators, and every other person having, or lawfully or equitably claiming, any estate, right; title^ interest, p*e- pe i' t y j-elainve r d o m an d r -of , - in, m~fee the said freehold and leasehold hereditaments and premises, o r any of-4he»», or any part thereof respectively, shall and will, from time to time, and at all times, upon the request of the said [mor t - gagee*] , or the survivors or survivor of them, or the heirs, executors, or administrators of such survivor, their or his assigns, but at the cost of the said [w«r^«^w], his heirs, executors, or administrators, do and execute every such lawful act, tiling, and assurance, for the further or more perfectly assuring the said freehold hereditaments and pre- COVENANTS FOR TITLE. 89 AND LEASEHOLDS. mises, and every part thereof, To the use of the said [mori freeholds gageos] , their heirs and assigns, and the said leasehold here- ditaments and premises unto the said [mrrfgngrr-t], their executors, administrators, and assigns, for the residue then to come of the said term for which the same are hereinbefore expressed to be demised ( W - a-ssigncd, ow tho oaeo may be] , as by the said ynortg&geeo ^ or the survivors or survivor of them, or the heirs, executors, or administrators of such sur- vivor, their or his assigns, shall be reasonably required ; And also, that he the said [mortgagor] , his executors or —for payment administrators, shall and will, from time to time, and at all pe/fo^mance of times, so long as any money shall remain on the security of covenants, these presents, pay, observe, and perform, or cause to be paid, observed, and performed, all and singular the rents, covenants, conditions, and agreements in and by the said indenture of lease reserved and contained, and on the part of the lessee, his executors, administrators, or assigns, to be paid, observed, and performed, and keep the said [ m ortga - g e es] , and every of them, their and every of their executors, administrators, and assigns, indemnified from and against all actions, suits, proceedings, costs, charges, damages, claims, and demands whatsoever (if any) which shall or may be in- curred or sustained by reason or on account of the non- payment, non-observance, or non-performance of the same rents, covenants, conditions, and agreements, or any of them. VI. And the said [ mortgagor] doth hereby, for him- copyholds self, his heirs, executors, and administrators, covenant LEASE holds. with the said [ mortgagees] , their heirs, executors, admi- nistrators, and assigns, that the said indenture of lease of —that the lease the day of [ the l o ase] is now a good, valid, and 1S good • effectual lease of the said hereditaments and premises hereinbefore expresed to be demised [or- assigne d, a s ^tke - ■ ■case mag bo] , and is now in full force, unforfeited, and un- surrendered, and in nowise become void or voidable; And —that rents that all and singular the rents, covenants, conditions, and a ndcovenants ' agreements in and by the said indenture of lease reserved performed ; and contained, and on the part of the lessee, his executors, administrators, or assigns, to be paid, observed, and perform- ed, have been paid, observed, and performed up to the date 90 FORMS IN MORTGAGES. COPYHOLDS AND LEASEHOLDS. — for right to convey copy- holds — for quiet en- joyment after default, of these presents; And that he the said [mortgagor] now hath [or, if mm c them ene pa) ly jui>u> ln - iho mrrendor and aooignmont, thoy the oaid ■ and 1 ' nowliano ] good right and full power to surrender the said hereditaments and pre- mises hereinbefore covenanted to be surrendered, To the use of the said [mortgagees] , their heirs and assigns, in manner and leaseholds ; aforesaid; And also to demise [or asaign> ao the emo - mag require] the said hereditaments and premises hereinbefore expressed to be demised [or nooignod, as the case may bo] for the term and in manner aforesaid ; And also, that, if de- fault shall be made in payment of the said sum of £ \4 lhc principal] , or any interest for the same, or any part thereof respectively, contrary to the proviso for redemp- tion hereinbefore contained, it shall be lawful for the said [Miortgagoti], their heirs, executors, administrators, and assigns respectively, at any time or times thereafter, to enter into and upon the said copyhold and leasehold here- ditaments and premises, or any of them, or any part thereof respectively, and the same from thenceforth quietly to hold, occupy, possess, and enjoy, and receive and take the rents and profits thereof, without any lawful interruption or dis- turbance from or by the said [mortgagor], his heirs, exe- cutors, administrators, or assigns, or any other person ; And that free and discharged, or otherwise by the said [mortgagor] , his heirs, executors, or administrators, suffi- ciently indemnified, from and against all estates, incum- brances, claims, and demands whatsoever, other than the rents, fines, heriots, suits, and services due and of right ac- customed in respect of the said copyhold premises ; And, moreover, that he the said [mortgagor], his heirs, exe- cutors, and administrators, and every other person having, or lawfully or equitably claiming, any estate, right, title, interest, property, claim, or demand of, in, or to the said copyhold and leasehold hereditaments and premises, or any of them, or any part thereof respectively, shall and will, from time to time, and at all times, upon the request of tin- said \'HH>rU/gov\ now hath [a*>, if more than one join in (ho au&ignmont , they tho said ■ a«d- . — ■ ■ now have] good right and full power to assign the said premises hereinbefore expressed to be assigned unto the said [mortgagooo] , their executors, administrators, and as- signs, in manner aforesaid : And that he the said { m teri gagor~], his executors and administrators, and every other person lawfully or equitably having or claiming any estate, right, title, interest, property, claim, or demand of, in, or to the said premises, or any part thereof, shall and will, from time to time, and at all times, upon the request of the said [ jHUJi'tyauuL ' j] , or the survivors or survivor of them, or the executors or administrators of such survivor, their or his assigns, but at the cost of the said [ mortgagor] , his execu- tors or administrators, do and execute every such lawful act, thing, and assurance, for the further or more perfectly as- suring the said premises, and every part thereof, unto the said [ m optgagcoti], their executors, administrators, and as- signs, and enabling them to recover and receive the same, as by the said \y» ortgagoo«i~\ , or the survivors or survivor of them, or the executors or administrators of such survivor, their or his assigns, shall be reasonably required. Sect. V. POWERS OF SALE. 6$. FREEHOLDS OR COP! HOLDS TO ONI). I. And it is hereby provided and declared, that, *£ de- fault ulmll bu m . ulo in paymen t -o f the Maid principal jum ofc . £— — , lq ' tho inku'uut thcr - con, or any part thoroof respectr H44y- r xaTtLc said day of next [ tfllwrnwigag t * he t o ( tv vH f'r ftirtkrr-Tttb' u v vvs a fan, mid, or of any o ther priH i- fipal n. unit s or ht-leresl intruder! t<> In- hereby nueur e d, *4 +tmnc respectively], it shall be lawful for the said \ m e i* t - fetffet], bis executors, administrators, or assigns, at any time I POWERS OF SALE. 95 or times aflu Audi default, without any further consent on freeholds the part oL&g said [wajttyayoi'] , his heirs or assigns, to COPT ° n E olM malic aale of^the said [messuages, &c , as Ike mm may b d\ to one. hereditaments and premises hereinbefore expressed to he granted [ or ap p ointed} or horoinboforo covenanted to be surroncteyed, fire , ) an the nasi; may be] -, or any part or parts thereof, either together or in parcels, and either by public auction or private contractfwith full power, upon any such sale, to make any stipulations as to title or evidence of title, or otherwise, which the said [mortgaged] , his executors, ad- ministrators, or assigns, shall deem proper ; And, also, with lull power to buy uuft rescind any contract tor sale ottncoaia pfom-iooOj or any part thorcof, and to resell tka Pflmo w ith." out being responsible for any loss whi ch-may bo occasioned - ■ thercby, And, for the purposes aforesaid, or any of them, to make and execute all such agreements and assurances as he or they shall think fit ; And it is hereby agreed and de- Heirs of the clared, that, upon any sale under the power of sale herein- conC ur in before contained by the executors or administrators of the conveyances, said [inw lyuyee], or by any other person or persons who may not be seised of the legal estate in the premises sold, the heirs of the said fywrlgago c]} or any other person or persons in whom the legal estate of the same premises shall be vested, shall make such assurances of the same, for the purpose of carrying the sale thereof into effect, as the person or persons by whom the sale shall be made shall direct : Provided also, and it is hereby agreed and de- Power to be clared, that the said [ mortrpag e c ] , his executors, administra- in certa j n tors, or assigns, shall not execute the power of sale here- events, inbefore contained unless and until he or they shall have given a notice in writing to the said [ m^vtgagor'} , his heirs, executors, administrators, or assigns, to pay off the monies for the time being owing on the security of these presents, or left a notice in writing to that effect at or upon some part of the said premises hereinbefore expressed to be granted [©reappointed, or hereinbefore covenanted to be surrendered, &e., as the case may be], and default shall have been made in payment of such monies, or some part thereof, for six calendar months from the time of giving or leaving such notice, or unless and until some half-yearly payment of hi- re net et/fiz't */itJyc€. / \ 96 FORMS IN MORTGAGES. FREEHOLDS OR COPYHOLDS TO ONE. terest which shall become due on the security of these pre- sents, or a part of some such half-yearly payment, shall have become in arrear for the space of three calendar months after the day on which the same shall become due ; Provided also, and it is hereby agreed and declared, that, upon any sale purporting to be made in pursuance of the * Purchaser not to see that such events have happened, or to aforesaid power in that behalf, the purchaser or purchasers irregukrity^n snaU not De bound to see or inquire whether either of the the sale. cases mentioned in the clause or provision lastly hereinbe- fore contained has happened, o* who titer any default hae been mado in payment of any principal money or in t eres t- intended to be horoby . Boourod; at the — time — hcrcinbofore appoint e d for payment there o f, o r whether any money re- mains on the security of these presents, or as to the neces- sity or expediency of the stipulations subject to which such sale shall have been made, or otherwise as to the propriety or regularity of such sale ; And, notwithstanding any im- propriety or irregularity whatsoever in any such sale, the same shall, as far as regards the safety and protection of the purchaser or purchasers, be deemed and taken to be within the aforesaid power in that behalf, and to be valid and effectual accordingly; And the remedy of the said \jnoM(faf}Qv~\ , his heirs or assigns, in respect of any breach of the clause or provision lastly hereinbefore contained, or of any impropriety or irregularity whatsoever in any such sale, Receipts of the shall be in damages only; And it is hereby also agreed mortgagee to an< j declared, that, upon any such sale as aforesaid, the re- be discharges ... . for the pur- ceipt w roooipte in writing of the said [ m o rtgagee ] , his exe- e-money. cu j- orSj administrators, or assigns, for the purchase-money of the premises sold, shall be an effectual discharge,)forx/^ tiAiitual diiadiuigus, Lu the purchaser or puiLhasers, for t he* money therein respectively expressed to be received,- and. that such purchaser or purchasers shall npJ^be^Concerned to sec to the application ofJnXo^-^ht?ti r pairchase-money, or be answerable lor_-atry1oss, misapplication, or non-application there o f r ^ND it is hereby further agreed and declared, that the said \irrrrrhjmfm\ , his executors, administrators, and assigns, shall hold the monies which shall arise from any sale mado in pursuance of the aforesaid power in that be- half, Upon trust, in the first place, b y^ with, o i' out of the ■/, ,./ t"' ■ ■'" I'l-I^i- /+ m tp„i.*i << if' /<» h"ii r,- fat n'on> .(kjochd 4 Wi ur/wC er not 1 to see that such tioned in the clause or pi»o¥ioion lastly hereinbefore con- events have tained has happened, or whethe r — any default has boon . ^ 'beTiable for made in paymen t uf auv principal money or inter - cot in - irregularity in - tended to be hereby secured, at tho timo hcroinbofor e- » p . - pointcd for paymont thereof, or whether any money remains on the security of these presents, or as to the necessity or expediency of the stipulations subject to which such sale shall have been made, or otherwise as to the propriety or regularity of such sale ; And, notwithstanding any impro- priety or irregularity whatsoever in any such sale, the same shall, as far as regards the safety and protection of the purchaser or purchasers, be deemed and taken to be within the aforesaid power in that behalf, and be valid and effectual accordingly ; And the remedy of the said [mort gtigor] , his heirs or assigns, in respect of any breach of the clause or proviuion lastly hereinbefore contained, or of any impropriety or irregularity whatsoever in the said sale, shall be in damages only. And it is hereby also Receipts of the agreed and declared, that, upon any such sale as aforesaid, j^difcharges the receipt op roooipto in writing of the said [mortgagees] , for the pur- . . P , ,, chase-money. or the survivors or survivor 01 them, or the executors or administrators of such survivor, their or his assigns, for .the purchase-money of the premises sold, shall be^ an effootual ■'xUda discharge,^)r eff e ctual di o charg co, to the purcha se r o r chasers, for the money therein respectively^expfessed to be received, and that such purchase^^ofpurchasers shall not be concerned tosg£~te-tne application of his or their puixhasgcmetrey^or be answerable for any loss, misapplica- reqt^pprir^tiTOT~tTieTecrf. And it is hereby fur- Trusts of the ther agreed and declared, that the said [mortgagees], and j^eyf 6 the survivors and survivor of them, and the executors or administrators of such survivor, their and his assigns, shall hold the monies which shall arise from any sale made in pursuance of the aforesaid power in that behalf, upon trust, h 2 money. 100 FORMS IN MORTGAGES. FREEHOLDS OR COPYHOLDS TO TWO OR MORE. Power of sale to be exercised by any persons entitled to give a receipt for the mortgage money. Right of fore- closure not to affected. Mortgagees not to be liable for involuntary losses. in the first place, by, with, or out of the same monies, to reimburse themselves or himself, or pay or diuchargo all the costs and expenses attending or incurred in or about such sale, or otherwise in respect of the premises; and, in the next place, to apply such monies in or towards satisfac- tion of all and oingular -the monies for the time being due o* owing on the security of these presents ; And then to pay the surplus (if any) of the said monies which shall arise from such sale unto the said [mortgagor] , his heirs or assigns; And it is hereby also agreed and declared, that the afore- said power of sale may be exercised by any person or per- sons who for the time being shall be entitled to roooivo ami give a discharge for the monies for the time being due e r owing on the security of these presents. Provided also, and it is hereby agreed and declared, that the aforesaid power of sale, or anything herein contained, shall not in anywise prejudice or affect the right of foreclosure. Pro - vided always; and it io-kcreby agrccd And doolarod , that the said [ ^ Mortgagees] , or any of them, their or any of their executors, administrators, or assigns, shall not be answerable or accountab l e for any involuntary losses which may happen in or about the exercise or execution of the aforesaid power and trusts, or any of them. LEASEHOLDS OR PERSONAL CHATTELS TO ONE. III. And it is hereby provided and declared, that, 4£- el ofault shall bo made in payment of tho s aid principal - r n i m of f i nv thr i n t n r rn t t h nv r nn i n r nn y p n rt thrrr_ day of next \if o£- respectively, on the said ■Irk* — mortgage be — 1& — secure further advances — also, add, e r of any other principal monies or interest intended — fee bo hereby uocurcd, at the tim es — he rcinbef u i e app ointed' for payment of the muuc respect i ve l y - ], it shall be lawful for the said [mortgagee] , his executors, administrators, or assigns, at anytime or times after ouch default) without any further consent on the part of the said, [mortgagor] , his executors, administrators, or assigns, to make sale of the said [nicMiHuigunj policies of assurance, -fe e - .-y n » tho ease mag hc\ hereditaments and premises hereinbefore expressed to In- demised [or assigned, Vy be], or any part or POWERS OF SALE. 101 OH. PERSONAL CHATTELS TO ONE. parts thereof, either together or in parcels (a), and either leaseholds by public auction or private contract/* with full power, upon any such sale, to make any stipulations as to title or evidence of title, or otherwise, which the said \miartgagpe\, yC <> r (- // rtl , ,- /b.Oif. his executors, administrators, or assigns, shall deem proper, ' ' and also with full power to buy m A 'or rescind any contract for the sale of the paid prem i ses,, or any part thoroof, and to resell the oam e , without being responsible for any loss which may be oeeaoionod - ther eb y -; and, for the purposes aforesaid, or any of them, to make and execute all such agreements and assurances as he or they shall think fit ; And that, after any sale or sales shall have been made under this present power of sale, the said \ jnortgagov~\ , his executors, administrators, and assigns, shall and will stand and be possessed of, and interested in, the said last days of the said term of years, upon trust, for the purchaser or purchasers of the premises comprised in the said term hereby granted, and to assign and dispose of the same as such purchaser or purchasers shall direct (b) : Provided Power to be also, and it is hereby agreed and declared, that the said j n cer tain ^nortgag eo\ , his executors, administrators, or assigns, shall events, not execute the power of sale hereinbefore contained unless and until he or they shall have given a notice in writing to the said fy no rt g age v^ , his executors, administrators, or as- signs, to pay off the monies for the time being owing on the security of these presents, or left a notice in writing to that effect at or upon some part of the premises hereinbe- fore expressed to be demised [ &r ao o igncd, as the case may brf(c), and default shall have been made in payment of such (a) If the property be a policy of insurance, or other thing not conveniently divisible, the last preceding words will be omitted. In the case of a policy of assurance, the following, or some similar words, should be inserted : — " and, as to the' said policy and policies of assur- ances, either by way of surrender to the office or offices by which the same have been or may be granted, or otherwise." (b) This declaration applies only to the case of a mortgage by demise, in which a nominal reversion is left in the mortgagor. (c) Of course this will not apply to a policy of assurance or other personal chattel. In such case, and in mortgages of reversions, and 102 FORMS IN MORTGAGES. OR PERSONAL CHATTELS TO leaseholds monies, or some part thereof, for six calendar months from the time of giving or leaving such notice, or unless and until one. some half-yearly payment of interest which shall become due on the security of these presents, or a part of some such half- i c/ jo. Qb. yearly payment shall have become in arrear for the space of three calendar months after the day on which the same Purchaser not shall become due. Provided also, and it is hereby agreed suchevents and declared, that, upon any sale purporting to be made in have happened, pursuance of the aforesaid power in that behalf, the pur- or to be liable , , . ,. . , , . for irregularity chaser or purchasers shall not be bound to see or inquire in the sale ; whether either of the cases mentioned in the clause o r - pro vioioB r lastly hereinbefore contained has happened, e r who thor any default has been made in payment of any principa l money -fH 1 interest intended to be hereby-seemed, ^ fhp t i me hereinbefore appointed for paymont thereof, or whether any money remains on the security of these presents, or as to the necessity or expediency of the stipulations subject to which such sale shall have been made, or otherwise as to the propriety or regularity of such sale ; And, notwith- standing any impropriety or irregularity whatsoever in any such sale, the same shall, as far as regards the safety and protection of the purchaser or purchasers, be deemed and taken to be within the aforesaid power in that behalf, and be valid and effectual accordingly; And the remedy of the said \ 4 ntrrtyay0) " ], his executors, administrators, or assigns, in respect of any breach of the clause or provision lastly hereinbefore contained, or of any impropriety or irregu- larity whatsoever in the said sale, shall be in damages only ; Receipts of the And it is hereby also agreed and declared, that, upon discharges for & anv sucn sa ^ e as aforesaid, the receipt or rcccip te in writing the purchase- f the said [moi' ^y] , his executors, administrators, or assigns, for the purchase-money of the premises to be sold, shall be a ft e f fectual dischargeyor^ ofTootual dioohargcg to the p u rc haser o r — purchasers, for the" uiuuev — therein r e- speetively expressed to be received; And the Like, it is lisuul to Dame the office of a solicitor, or the place of abode, or the last known place of abode in England, of the mort- gagor. POWERS OF SALE. 103 OR PERSONAL CHATTELS TO - chasei or pui ' chagcra shall not bo concerned to oco to the - leaseholds ft ppKcattOD Of bJS tit tib B [ hum mnnny , or h e answer- .tblc f i n mv Irm, minnppH r ntinn, nr acBBapplicatioa thejaof on And it is hereby further agreed and declared, that the Trusts of the said [^ mortgagee] , his executors, administrators, and as- ^ u r r ^ se " signs, shall hold the monies which shall arise from any sale made in pursuance of the aforesaid power in that behalf, upon trust, in the first place, by, with, or out of the same monies, to reimburse himself or themselves, or pay o r diy ohargo all the costs and expenses incurred in or about such sale, or otherwise in respect of the premises; And, in the next place, to apply such monies in or towards satisfaction of all and singular- the monies for the time being due -or owing on the security of these presents ; And then to pay the surplus (if any) of the said monies which shall arise from such sale unto the said [mortgagor] , his executors, administrators, or assigns. And it is Power of sale hereby also agreed and declared, that the aforesaid power *° ^ exe ™^ of sale may be exercised by any person or persons who for entitled to give the time being shall be entitled to ycooivo and g ive a dis- ^mortgage charge for the monies for the time being due 01? owing on money. the security of these presents. Provided also, and it is Right of fore- hereby agreed and declared, that the aforesaid power of £* "^.ted* t0 sale, or anything herein contained, shall not in anywise prejudice or e ffec t the right of foreclosure. Provided Mortgagee not alwayo, and it io faegefey ngreerl And dcdai - cd, that the [° vo i un *a ry ° r said [mortgagee ^, his executors, administrators, and assigns, losses, shall not be answerable «n ULLUiwUblr for any involuntary losses which may happen in or about the exercise or exe- cution of the aforesaid power and trusts, or any of them. IV. And it is hereby provided and declared, that, -ff* leaseholds dofault ohall be made in payment of the said principal jum - chattels* to » f £ j or the intcrcot ther e on , or any part thereof re - two or more spoctivehy, oii^ tne said day of next [if tho mor t- gage bo to secure fuithn udvunms uhu, add, u i— trf any othor principal monioo or interest intended to bo h e r eb y - soourod, at the timoo hereinbefore, appointed for the ..pav -,. mont or the same respective l y ■ it shall be lawlul lor the <>n iff * •> J s aid [mortgagees] , or the survivors or survivor of them, or 101 FORMS IN MORTGAGES. LEASEHOLDS OR PERSONAL CHATTELS TO TWO OR MORE. //an -, ■> 96 / Power to be exercised only in certain events. the executors or administrators of such survivor, their or his assigns, at any time or times aftci* ouoh dofault, - without any further consent on the part of the said, [ mortgago r ] , his , . . . ). (<•) See .vipra, p. 102, n. (a). POWERS OF SALE. 105 LEASEHOLDS OR PERSONAL CHATTELS TO TWO Oil MORE. Purchaser not to see that such events have have happened, or to be liable for irregularity in the sale. shall have been made in payment of such monies, or some part thereof, for six calendar months from the time of giving or leaving such notice, or unless and until some half-yearly payment of interest which shall have become due on the security of these presents, or a part of some such half-yearly payment, shall have become in arrear for the space of three calendar months after the day on < A-//r>.. c^jo.*?*- which the same shall become due ; Provided also, and it is hereby agreed and declared, that, upon any sale pur- porting to be made in pursuance of the aforesaid power in that behalf, the purchaser or purchasers shall not be bound to see or inquire whether either of the cases men- tioned in the clause or provision lastly hereinbefore con- tained has happened, or wheth e r any default hao been mad e in payment of any piincipal money or interest in - t rnrlr H t n h e hn r n h}r i p fn r nl, ,i t f- hr — Lime hercinboforc appointed for payment thereof, or whether any money re- mains on the security of these presents, or as to the neces- sity or expediency of the stipulations subject to which such sale shall have been made, or otherwise as to the propriety or regularity of such sale; And, notwithstanding any im- propriety or irregularity whatsoever in any such sale, the same shall, as far as regards the safety and protection of the purchaser or purchasers, be deemed and taken to be within the aforesaid power in that behalf, and be valid and effectual accordingly ; And the remedy of the said [mortgagor] , his executors, administrators, or assigns, in respect of any breach of the clause or prwioioft . lastly hereinbefore contained, or of any impropriety or irregularity whatsoever in the said sale, shall be in damages only. And it is hereby also agreed and declared, that, upon any such sale as aforesaid, the receipt o* rooeipto in writ- ing of the said [movtgagooei] , or the survivors or survivor of them, or the executors or administrators of such sur- vivor, their or his assigns, for the purchase-money of the Receipts of the mortgagees to be discharges for the pur- chase-money. premises sold, shall be a| . discharge^or e ffectual " re- money therein respectively expressed to be received; And that jraeh purchaser or purchasers shall not be-co nc o r n ed t o -see- to the application of his or their purchase-money, or 106 FORMS IN MORTGAGES. S ? LEASEHOLDS OR PERSONAL CHATTELS TO TWO OR MORE. Trusts of the purchase- money. Power of sale to be exercised by any persons en- titled to give a receipt for the mortgage money. Right of fore- closure not to be affected. Mortgagee not to be liable for involuntary losses. FREEHOLDS OR COPYHOLDS, TO BSCUBE IN ■ ' ' oi (nd de©ki¥#d, that the said [ m o r t gaga e^ , or any of them, their or any of their executors, administrators, or assigns, shall not be answerable for any involuntary losses which may happen in or about the exercise or execution of the afore- said power and trusts, or any of them. V. And it is hereby provided and declared, that it shall be lawful for the said [morf-gagew], or the survivors or survivor of them, or the executors or administrators of such survivor, their or bis assigns, at any time or times (a) This and the succeeding form are strictly for a mortgage to secure an account current to a banking or mercantile firm. The tonus arc not applicable to mortgages to secure future advances simply, which are provided for by the preceding forms. POWERS OF SALE. 107 while any money shall remain due or owing to them or him freeholds on the account current of the said [mortgag e r ] with the COP yholds said [ mortgagooa] , without any further consent on the part T ° secure an of the said [ mo r tgagor], his heirs or assigns, to mako ealo of ' R e NT . the said [mc3suagC3, 8 s « . , as the catio mag ho] hereditaments and premises hereinbefore expressed to be granted [W ap ■ pointed) & o > r or - hcrcinb&foi'c covenanted to be s urrondorod, a # the caae mag bo] , or any part or parts thereof, either to- gether or in parcels, and either by public auction or private contract, with full power, upon any such sale or sales, to 7^_sGji*/6r{^ V xs&/jo.£ make any stipulations, as to title or evidence of title, or otherwise, which the said [mortgagees] , or the survivors or survivor of them, or the executors or administrators of such survivor, their or his assigns, shall deem proper ; And also with lull power to buy in or rescind any contract ior sale-er the oamo -promie e s) or any part thoroofy and to resell the -&a*»%-without being responsible for any loss which may be- ocoacioncd thorob}^ ; And, for the purposes aforesaid, or any of them, to make and execute all such agreements and as- surances as they or he shall think fit; And it is hereby Heir of the also agreed and declared, that, upon any sale under the mort g a §| ee t0 ° _ . concur in con- povver of sale hereinbefore contained, by the executors or veyances. administrators of the survivor of them the said [mortgagees^, or by any other person or persons who may not be seised of the legal estate in the premises sold, the heirs of such sur- vivor, or any other person or persons in whom the legal estate of the same premises shall be vested, shall make such assurances of the same, for the purpose of carrying the sale thereof into effect, as the person or persons by whom the sale shall be made shall direct; Provided also, and it is Power to be hereby agreed and declared, that the said [mortgagees] , or e ^ rc ^ sed . the survivors or survivor of them, or the executors or admi- events. nistrators of such survivor, their or his assigns, shall not execute the power of sale hereinbefore contained, unless and until they or he shall have previously given a notice in writing to the said [-moptgager]^ his heirs, executors, admi- nistrators, or assigns, to pay off the monies for the time being owing on the account current aforesaid, or on the security of these presents, or left a notice in writing to that effect at or upon some part of the said premises hereinbefore express- 108 FORMS IN MORTGAGES. FREEHOLDS OR COPYHOLDS, TO SECURE AN ACCOUNT CUR- RENT. Purchaser not to see that such events have happened, or to be liable for irregularity in in sale. Receipts of the mortgagees to be discharges for the pur- chase-money. Trtuti of the purchase> money. ed to be granted \_or> appointed , &(> ■ , o r hereinbefore cove nam lid t e be currend e red, a# the mAti mug be ], and default shall have been made in payment of such monies, or some part thereof, for one calendar month from the time of giv- ing or leaving such notice ; Provided also, and it is here- by agreed and declared, that, upon any sale purporting to be made in pursuance of the aforesaid power in that be- half, the purchaser or purchasers shall not be bound to see or inquire whether the case mentioned in the clause or pro- vision lastly hereinbefore contained has happened, or whe- ther any money remains due or owing on the account cur- rent aforesaid or on the security of these presents, or as to the necessity or expediency of the stipulations subject to which such sale shall have been made, or otherwise as to the propriety or regularity of such sale ; And notwithstand- ing any impropriety or irregularity whatsoever in any such sale, the same shall, as far as regards the safety and protec- tion of the purchaser or purchasers, be deemed and taken to be within the aforesaid power in that behalf, and be valid and effectual accordingly ; And the remedy of the said [ mortgago r ] , his heirs or assigns, in respect of any breach of the clause or provision lastly hereinbefore contained, or of any impropriety or irregularity whatsoever in the said sale shall be in damages only ; And it is hereby also agreed and declared, that, upon any such sale as aforesaid, the receipt ov rcccipta in writing of the said ^mortgagees], or the survivors or survivor of them, or the executors or administrators of such survivor, their or his assigns, for the purchase-money of the, premises to be sold, shall be ate*™/ rr> • -P * ili ******* . effe c tual discharge#or offcotual /Uncharges, to the pur c haser or purchasers for the money tlijerein respectively expressed to be received; And that such pWchaser or purchasers shall not be concerned to see to the /application of his or their purchase-money, or be answerable for any loss, misapplica- ti o n , or - non application thereof * And it is hereby further agreed and declared, that the said [mortgagees^, and the survivors and survivor of them, and the executors or ad- ministrators of such survivor, their and his assigns, shall hold the monies which shall arise from any sale made in pursuance of the aforesaid power in that behalf, Upon trust, POWERS OF SALE. 109 FREEHOLDS OR COPYHOLDS, TO SECURE AN ACCOUNT CUR- RENT. in the first place, hy, with, ui out of the same monies, to reimburse themselves or himself, or pay or discharg e all the costs and expenses incurred in or about such sale, or otherwise in respect of the premises ; And, in the next place, to apply such monies in or towards satisfaction of all and aingului 1 the monies for the time being due •«*- owing on the said account current or on the security of these presents, and then to pay the surplus (if any) of the said monies which shall arise from such sale unto the said [mortgagor"] , his heirs or assigns ; And it is hereby also agreed and declared, that the aforesaid power of sale may be exercised by any person or persons who for the time being shall be entitled to receive and give a dis- charge for the monies for the time being due or owing on the security of these presents : Provided also, and it is hereby agreed and declared, that the aforesaid power of sale, or anything herein contained, shall not in anywise prejudice or affect the right of foreclosure : Provides - alwayCj and it io hereby ogi'cod and declare d y that the said [mortgagee*], or any of them, their or any of their execu- tors, administrators, or assigns, shall not be answerable aocountablo - f or any involuntary losses which may happen in or about the exercise or execution of the aforesaid power and trusts, or any of them. VI. And it is herery further provided and declared, leaseholds, that it shall be lawful for the said [mortgagees^, or the sur- A n° account vivors or survivor of them, or the executors or administra- current (a), tors of such survivor, their or his assigns, at any time or times, while any money shall remain owing to them or him on the account current of the said [mortgagor] with the said [invityuyutx], without any further consent on the part of the said huoftgagor] , his executors, administra- tors, or assigns, to A mafe c oal c o f the said [messu ag ca, t &c ?, ao tho case mag be ] hereditaments and premises herein- before expressed to be demised { or as s ign e d , as t ho c a o o mag be], or any part or parts thereof, either together or Power of sale to be exercised by any person entitled to give a receipt for the mortgage money. Right of fore- closure not to be affected. Mortgagees not to be answerable for involuntary losses. (a) See sicpra, p. IOC, n. (a). 10 LEASEHOLDS, TO SECURE AN ACCOUNT CURRENT. Power not to be exercised till certain events have happened. Purchaser not to tee that such events have happened, or to be liable for irregularity in the sale. FORMS IN MORTGAGES. in parcels, and either by public auction or private contract, A " with full power, upon such sale or sales, to make any stipu- /? / lations, as to title or evidence of title or otherwise, which the said [mortgagees'] , or the survivors or survivor of them, or the executors or administrators of such survivor, their or his assigns, shall deem proper : And also with full power to buy in or. rescind any contract for sale of the oaid pro - mises, or any pnrt there o f) and to resell the same , without being responsible for any loss which may bo occasi -e n e d thereby ; And, for the purposes aforesaid, or any of them, to make and execute all such agreements and assurances as they or he shall think fit; And that, after any sale or sales under the said power of sale, he the said [ mortgage e ] , his executors, administrators, and assigns, shall and will stand and be possessed of, and interested in, the said last days of the said term of years, upon trust for the pur- chaser or purchasers of the premises comprised in the said term hereby granted, and to assign and dispose of the same as such purchaser or purchasers shall direct (a). Provided also, and it is hereby agreed and declared, that the said [p t v i tg a gevs] , or the survivors or survivor of them, or the executors or administrators of such survivor, their or his as- signs, shall not execute the power of sale hereinbefore con- tained, unless and until they or he shall have previously given a notice in writing to the said [ mortgagor]) his executors, administrators, or assigns, to pay off the monies for the time being due on the account current aforesaid, or on the se- curity of these presents, or left a notice in writing to that effect at or upon some part of the said premises hereinbefore expressed to be demised [*> » • acoignetb ao iho erne mag be ] (b), and default shall have been made in payment of such monies, or some part thereof, for one calendar month from the time ^ of giving or leaving such notice.^ Provided always, and . it is hereby agreed and declared, that, upon any sale pur- ' porting to be made in pursuance of the aforesaid power in thai behalf, the purchaser or purchasers shall not be bound to see or inquire whether the case mentioned in the clause or (a) See supra, p. 101, n.(6). (b) Ibi n. (b). POWERS OF SALE. 1 1 1 provision lastly hereinbefore contained has happened, or whe- leaseholds, ther any money remains due or owing on the account current ™ . cc ™,™ aforesaid, or on the security of these presents, or as to the current. necessity or expediency of the stipulations subject to which such sale shall have been made, or otherwise as to the pro- priety or regularity of such sale ; And, notwithstanding any impropriety or irregularity whatsoever in such sale, the same shall, as far as regards the safety and protection of the purchaser or purchasers, be deemed and taken to be within the aforesaid power in that behalf, and be valid and ef- fectual accordingly; And the remedy of the said \meH- fav/or] , his executors, administrators, or assigns, in respect of any breach of the clause or provision lastly hereinbefore contained, or of any impropriety or irregularity whatso- ever in the said sale, shall be in damages only. And it is Mortgagees' hereby also agreed and declared, that, upon any such sale discharges tol- as aforesaid, the receipt &v receipt s- in writing of the said tlie purchase- [ inortg&epmii] , or the survivors or survivor of them, or the executors or administrators of such survivor, their or his assigns, for the purchase-money of the premises to be sold, shall be ai-effectuahaischarge or effectual dLihaigc s to the purchaser or purchasers, for the money therein re- spectively expressed to be received, and that such purchaser or purchasers shall not be concerned to see to the Applica- tion of his or their purchase-money, or be answerable for aiiy Iuja, misapplication, ui iiuu-appliiation thereof! And Trusts of the it is hereby further agreed and declared, that the said {^ey 86 " [ v>wrkf«gms\ , and the survivors and survivor of them, and the executors or administrators of such survivor, their and his assigns, shall hold the monies which shall arise from any sale made in pursuance of the aforesaid power in that behalf, Upon trust, in the first place, byp with, o r- out of the same monies, to reimburse themselves or himself, or pay or discharge all the costs and expenses incurred in or about such sale, or otherwise in respect of the premises; And, in the next place, to apply such monies in or towards satis- faction of all and singular the monies for the time being due er— crwmg on the said account current, or on the se- curity of these presents ; And then to pay the surplus (if any) of the said monies which shall arise from such sale 112 FORMS IN MORTGAGES. LEASEHOLDS, TO SECURE AN ACCOUNT CURRENT. Power of sale to be exercised by any person entitled to give a receipt for the mortgage money. Right of fore- closure not to be affected. Mortgagees not to be answer- able for invo- luntary losses. unto the said \ 4 uortgag0r] » his executors, administrators, or assigns. And it is hereby also agreed and declared, that the aforesaid power of sale may be exercised by any person or persons who for the time being shall be entitled to receive and give a discharge for the monies for the time being due e* — owing on the security of these presents. Provided also, and it is hereby agreed and declared, that the aforesaid power of sale, or anything herein contained, shall not in anywise prejudice or affect the right of fore- closure. - Provided always; and it io hereby agreed and /%nd declared - , that the said [ moHgagooe] , or any of them, their or any of their executors, administrators, or assigns, shall not be answerable e i accountable for any involuntary losses which may happen in or about the exercise or exe- cution of the aforesaid power and trusts, or any of them. Sect. V. TRUSTS OF POLICIES OF LIFE ASSURANCE. MISCELLANEOUS CLAUSES. I. And it is hereby agreed and declared, that if, be- fore the said policies of assurance shall have been as- signed to the said [mortgagor * ] , his executors, administra- tors, or assigns, as aforesaid, any monies shall become pay- able under « r by virtue of the same, or any of them, then and in auch c as e the said [ mortgagees] , or the survivors or survivor of them, or the executors or administrators of such survivor, their or his assigns, shall enforce pay- ment of, and receive the same monies, and by and - out of the same, in the first place, reimburse themselves or him- self, or pay or— d i t mhar g e all the costs and expenses in- curred in obtaining payment of, and receiving the same, Or in or about the execution of any of the trusts of these presents, or otherwise in relation to the premises; And, in the next place, pay mid apply such monies in or to- wards satisfaction of -all and sing uW the monies for the MISCELLANEOUS CLAUSES. 113 time being due - or owin g on the security of these presents; And then pay the surplus, if any, of the said monies re- ceived under e r by virtue of- the said policies, or any of them, unto the said [ mortgagor] , his executors, administra- tors, or assigns, fer4i*!h-©r-feTwir-pr©pe**~»aeT- < Vnc/*./'c4 X TRUSTS OP POLICIES OF LIFE ASSURANCE. II. And the said [mortgagor] doth hereby, for himself, his heirs, executors, and administrators, covenant with the said [ mortgagees] , their executors and administrators, that he the said [ mortgagor] will not, at any time hereafter, do or suffer anything whereby the said policies of assurance, or any of them, may be vitiated or become void or void- able, or the said [ mortgagor] , or any of them, their or any of their executors, administrators, or assigns, may be prevented from receiving or recovering the money intended to be thereby respectively assured, or any part thereof respectively ; And that, if the said policies, or any of them, shall become voidable, he the said [ mortgagor] will, immediately thereupon, at his own cost, do all such things as may be necessary for restoring and keeping on foot the same. And that, if the said policies, or any of them, or any new policy or policies to be effected as hereinafter is men- tioned, shall be vitiated or become void, then and in such case, and so often as the same shall happen, he the said \ j >iw tyuyui] (a), will, immediately thereupon, at his own cost, offoot (or make, furnish, and do, all such appearances, statements, certificates, and things as shall be expedient for enabling the said [ mortgagee^ or the survivors or survivor of them, or the executors or administrators of such survivor, their or his assigns, to effect) a new policy or new policies of assurance, on the life of the said [ moil-' - g agor or cestu i que vie] , in the name or names of the said [mepi gagctt} , or the survivors or survivor of them, or COVENANTS TO KEEP UP LIFE ASSURANCES. ■'(p<£- ! '-r. ,cc^ (a) If the policies be not on the mortgagor's own life, the words " executors, administrators, or assigns," should be added in many places in the covenants, after the mortgagor's name, and in the first covenant the name of the cestui que vie should be substituted for that of the mortgagor. fx* sOJCwU Ihl,cvit. c^c/ia-cU xlo^tct^n,' y6t<*^ J&L premiums, if at the time aforesaid, -thon and in ouoh caso, and oo ofton - a s - t 'ii rotodo? 1 t b c anme shall happen - , it shall be lawful for the said [*»#*4- gmjeen] , or the survivors or survivor of them, or the execu- tors or administrators of such survivor, their or his assigns, to pay the said annual premiums - of £ ?S ; and £ , and-sttel* Other annual premium - or premiums, sum 4**- sums of - money, (if an y ) ? M ulmll from ti me to time b c~- woi i iti — payable, for keeping — o n foot tho o aid — policie s of min wrancc, of any - of them -; And, fuutiier, that he the cr< << ni',/ MISCELLANEOUS CLAUSES. 115 said [mortgagor] , his heirs, executors, or administrators, will, from time to time, on demand, pay, m 1 - cauGe — fee-4»e p aid» unto the said [mortgagees], or the survivors or sur- vivor of them, or the executors or administrators of such survivor, their or his assigns, every such sum of money as shall have been paid by them or him in or towards pay- ment of the said annual premiums r>f £ • , £ , and £ , or any of them, or any s uch other annual pro- mium 01 pLemmnig, aum ov- sums of mono}r, as aforesaid, and all costs and expenses (if any) which shall have been paid by them or him in effecting any such new policy or policies of assurance as aforesaid, or otherwise, in relation to the premises, with interest for the same after the rate of £ per cent, per annum, from the time or respective times of. the same having been advanced or paid; And that, in the meantime, and until the same shall be so paid, with interest as aforesaid, - all and aingula g the said premises hereinbefore expressed to be f assigned, &r , m , tho oasc mag b e] , and the monies to become payable under e r hj virtuo of the said policies hereinbefore mentioned-te- rmvc been effected (w), or under or by virtuo of any new policy or policies to be effected in pursuance of the afore- said provisions in that behalf, shall stand - and be charged with the payment, as well of such sum or sums of money, and the interest thereon, as of the said sum of £ J4ke- original prmoip&l mm] and interest. III. And the said [ m ortgagor] doth hereby, for him- self, his heirs, executors, and administrators, covenant with the said [mortgag ee ] , his heirs, executors, admini- strators, and assigns, that he the said [mortgagor] , his heirs, executors, administrators, or assigns, will, so long as any monies shall remain on the security intended to be hereby made, keep all the messuages, buildings, and erections hereinbefore expressed to be {granted, &e.> as the-case-may- b&], insured against loss or damage by fire by a policy or COVENANTS TO KEEP UP LIFE ASSURANCES. COVENANTS FOR FIRE IN- SURANCE IN MORTC.AGE TO ONE. (a) These last words may be omitted, if the policies are included by the expressions " hereinbefore assigned." I 2 116 FORMS IN MORTGAGES. COVENANTS FOR FIRE IN- SCRANCE IN MORTGAGE TO ONE. Power for the mortgagee to insure on de- fault by the mortgagor. Monies ad- vanced by the mortgagee for that purpose to be repaid by the mortgagor, and to be a cbarge OH the pre- policies of insurance for a sum or sums not less in the whole than the sum of £ , and in the name or names of the said [mot'tgagoo] , his executors, administrators, or assigns, in some office or offices in London or Westminster ; And that he the said [mortgagor ] , his heirs, executors, ad- ministrators, or assigns, will, immediately after such policy or policies shall have been effected, or immediately after the execution of these presents, if the same shall have been previously effected, deposit the same with the said {mort- gage e ] , his executors, administrators, or assigns, and will, from time to time, duly and punctually pay the premium or premiums, duty, and other sums of money necessary for keeping on foot the said policy or policies, on the first day on which the same respectively ought to be paid, in order to keep on foot the said policy or policies, and will forthwith deliver the receipt for every such payment unto the said [ mortgagee] , his executors, administrators, or as- signs, And that it shall be lawful for the said [mortgagee] , his executors, administrators, or assigns, in case the said [m ortgago r], his heirs, executors, administrators, or assigns, shall neglect or refuse to make such payments as aforesaid, or any of them to pay such annual premium or premiums, duty, and other sum or sums of money as aforesaid, so as to keep on foot the said policy or policies of insurance, and, in case the same shall not be effected, or shall at any time become void, or shall not continue on foot, then to insure and keep insured the said messuages, erections, and buildings in any sum or sums not exceeding in the whole the sum of £ , and to pay all expenses of effecting such in- surance or insurances, and the annual premium or premiums, duty, and sum or sums of money which shall from time to time become payable for keeping on foot such insurance or insurances; And that he the said M o rtgago r] , his heirs, executors, or administrators, will, from time to time, on demand, pay, or cause to be paid, unto the said [m &r t~ fagoo\ } his executors, administrators, or assigns, every such sum of money as shall have been paid or advanced by him or them in or towards payment of any such pre- mium or premiums) duty, sum or sums of money, or ex- penses, with interest for the same after the rate aforesaid, MISCELLANEOUS CLAUSES. 117 from the time or respective times of the same having been advanced or paid; -And that, in the meantime, and until such sum or sums of money shall be so repaid, with interest as aforesaid, the said hereditaments and premises hereinbe- fore expressed to be {granted, -feo i ) ao tho case may to] , shall stand and be charged with, and shall not be redeemed or redeemable until full payment shall have been made, as well of such sum or sums of money, and the interest there on, as of the said principal sum of £ , \4ke origintt pmnoipal ettm] , and the interest thereon. COVENANTS FOR FIRE IN- SURANCE IN MORTGAGE TO ONE. j- sm> UtU IV. And the said \mertgtafm ] doth hereby, for him- covenants self, his heirs, executors, and administrators, covenant with A ™* Gainst the said [ moptgagoco] , their heirs, executors, administrators, FIRE IN MORT - 1 . ill • t r -I1-1- GAGE TO TWO and assigns, that he the said \ jmortgago*>j , his heirs, execu- 0R MO re. tors^or" 1 assigns, 'will, so long as any principal money or in- terest shall remain on the security intended to be hereby made, keep all the messuages, buildings, and erections here- inbefore expressed to be fgranted, See-., -as 4h o oa so- may bt^f insured against loss or damage by fire by a policy or policies of insurance for a sum or sums not less in the whole than the sum of £ , and in the names or name of the said [m&ztg&gees^ , or the survivors or survivor of them, or the executors or administrators of such survivor, their or his assigns, in some office or offices in London or Westminster; And that he the said -^m& tigagor ^j his heirs, executors, administrators, or assigns, will, immediately after such policy or policies shall have been effected, or imme- diately after the execution of these presents, if the same shall have been previously effected, deposit the same with the said [mortgagees^, or the survivors or survivor of them, or the executors or administrators of such survivor, their or his assigns, and will, from time to time, duly and punctually pay the premium or premiums, duty, and other sums of money necessary for keeping on foot the said policy or policies, on the first day on which the same respectively ought to be paid, in order to keep on foot the said policy or policies, and will forthwith deliver the receipt for every such payment unto the said [mortgagee^, or the survivors or survivor of them, or the executors or administrators of /// ' 118 FORMS IN MORTGAGES. covenants such survivor, their or his assigns ; And that it shall be for ixsur- l aw ful for the said [mvituuuus] , or the survivors or survi- ANCE AGAINST L " " J ' fire in mort- vat of them, or the executors or administrators of such sur- ° orVor™ vivor, their or his assigns, in case the said \mm&ffmgor^ , his Z ' ~ heirs, executors, administrators, or assigns, shall neglect or Power lor the ' ' . mortgagees to refuse to make such payments as aforesaid, or any of them, insure on de- 1 i • j . j ,i fault by the *° P a 3 T sucn annua l premium or premiums, duty, and other mortgagors. sum or sums of money as aforesaid, so as to keep on foot the said policy or policies of insurance, and, in case the same shall not be effected, or shall at any time become void, or shall not continue on foot, then to insure and keep insured the said messuages, erections, and buildings, in any sum or sums not exceeding the sum of £ , and to pay all ex- penses of effecting such insurance or insurances, and the annual premium or premiums, duty, and sum or sums of money which shall from time to time become payable for Monies ad- keeping on foot such insurance or insurances; And that mortgagees for tne sa ^ Mortgagor] , his heirs, executors, or administrators, that purpose to w jTj j f r0 m time to time, on demand, pay, or cau e o to - be be repaid by . mortgagor, and pai d , unto the said \_mortgagoo6ji or the survivors or survi- to be a charge yor Q f j] iem or i\ ie executors or administrators of such on the pre * mises. survivor, their or his assigns, all and every such sums or sum of money as shall have been paid or advanced by them or him in or towards payment of any such premium or premiums, duty, sum or sums of money, or expenses, with interest for the same after the rate aforesaid from the time or respective times of the same having been advanced or paid ; And that, in the meantime, and until such sum or sums of money shall be so repaid, with interest as aforesaid, all and singular the said hereditaments and premises here- inbefore expressed to be [granted, fee., as the case matj . kr^, shall stand and be charged with, and shall not be re- deemed or redeemable until full payment shall have been made, as well of such sum or sums of money, and the in- terest thereon, as of the said principal sum of £ , [JJte- ori g i nal pr t m.'vpul ,s nv r\, and the interest thereon. short cote- V. A n i) THE said [mnr/ ;/ t t i / \ )f * ] doth hereby, for himself, NASI g I OR .... , j . . . , . Is _, KV ., ( , l" s liens, executors, ami administrators, covenant with the against Kim:. sa j ( [ ^ t mtftffftt/ffex] , their executors, administrators, and as- MISCELLANEOUS CLAUSES. 119 signs, that lie the said [mortgagor], his heirs, executors, administrators, or assigns, will, so long as any money shall remain on this present security, keep all the said messuages and buildings insured against loss or damage by fire in the sum of £ at the least, and pay all premiums and sums of money necessary for such purpose on the first day on which the same respectively ought to be paid, and will, on demand, produce [ov deluu] to the said [ mortgagooe] , or the survivors or survivor of them, or the executors or administrators of such survivor, their or his assigns, the policy or policies of such insurance, and the receipt for every such payment; And, also, that, if default shall be made in keeping the said premises so insured, it shall be lawful for the said \ymrtgugver\ , or the survivors or survivor of them, or the executors or administrators of such survivor, their or his assigns, to insure and keep insured the said premises in any sum not exceeding the sum of £ -; And that the said [mortgago r], his executors, administrators, or assigns, will repay to the said [ me rtgagoos] , or the survivors or sur- vivor of them, or the executors or administrators of such survivor, their or his assigns, every sum of money expended for that purpose by them or him, with interest thereon at the rate aforesaid from the time of the same respectively having been so expended; And that, until such repayment, the same shall be a charge upon the said premises herein- before expressed to be granted [or demised, &o>; fU tha SHORT COVE- NANTS FOR INSURANCE AGAINST FIRE. VI. And this indenture also witnesseth, that, in attornment further pursuance of the said agreements, and for the con- BY M0RTGA - . L m . G0R IN pos- sideration aforesaid, he the said [mortgagor] ' doth, by these session. presents, attorn and become tenant from year to year to the said [ mor tg agees ] , their heirs and assigns, for and in respect of the said messuage or tenement, with its outbuildings and other appurtenances, and the several pieces of land situate in , containing in the whole acres or thereabouts^- ' and now held and occupied therewith by him the said [#m4g#g&p] } at the yearly rent of £ , clear of all de- ductions, to be paid by equal half-yearly payments, on the day of and the day of in every year, exi tit I 120 FORMS IN MORTGAGES. ATTORNMENT BY MORTGA- GOR IN POS- SESSION. Power to de- termine the tenancy. /y a separate deed : if used in the mortgage deed, it will commence, " And this Indenture also wit- NE88KTH," and be expressed to be made " in further pursuance of the s.iiil agreement/' meaning the general mortgage agreement. For the recital of the special agreement in the separate deed, see supra, p. 27. MISCELLANEOUS CLAUSES. 121 distress, or otherwise ; And to do all other things needful appointment or expedient for recovering and receiving the said rents 0F RECE1VER 1 ° ° ON MORTGAGE and profits, as fully and effectually, to all intents and to one. purposes, as the said [i mrtgago t *] could do ; And the said [ mortgago r ^ doth hereby order and direct the tenants and occupiers of the said premises respectively, and the persons liable to pay the same respectively, to pay unto the said [reoowcr] , and to any future receiver to be ap- pointed as is hereinafter mentioned, the rents and profits of the said premises, and doth hereby declare, that the receipts of the said [ receiver] , and of any future receiver to be appointed as is hereinafter mentioned, shall be good and sufficient discharges to such tenants or occupiers and persons for such rents and profits as they shall respectively pay to him; And it is hereby agreed and declared, that Trusts of the the rents and profits which shall be received by the said rents recelved - [ rec e iv e r] , or any future receiver to be appointed as is hereinafter mentioned, shall be held by him upon trust that he shall, by and out of the same, in the first place, pay all taxes, rates, assessments, and outgoings for the time being payable in respect of the said premises, and which the tenants or occupiers thereof, or any other per- son or persons, shall not be liable to pay, and the ex- pense of insuring against loss by fire any buildings or other property which he shall think fit to be so insured ; And, in the next place, deduct and retain for his own use so much (not exceeding the rate of £5 for every £100 received) as he shall reasonably deserve, for his trouble and expenses in receiving and paying the said rents and profits; And, in the next place, pay to the said \mort- -gagee], his executors, administrators, or assigns, by equal half-yearly payments, on the day of and the day of in every year, the interest for the said sum of £ , or for so much thereof as for the time being shall remain unpaid ; And pay the surplus (if any) which shall remain of the said rents and profits, after answering the several purposes aforesaid, unto the said fr t iV T tyag& r] , his executors, administrators, or assigns ; And the said Covenant by [receiver] doth hereby, for himself, his heirs, executors, and the receiver - administrators, covenant with the said [ wt ortfffiffloo], his exe- 122 FORMS IN MORTGAGES. APPOINTMENT OF RECEIVER ON MORTGAGE TO ONE. Covenants by the mortgagor. cutors, administrators, and assigns, and also as a separate covenant with the said [ffiftrfgngnr], his heirs, executors, administrators, and assigns, that he the said fyooo i wr] , will, so long as he shall be the receiver of the said rents and profits, use his utmost endeavours to collect and receive the same, and will duly pay, in manner aforesaid, all such monies as he shall receive by virtue of or under the afore- said power or authority; And the said [^mortgagor] , doth hereby, for himself, his heirs, executors, administrators, and assigns, covenant with the said [mortgagee] , his exe- cutors, administrators, and assigns, that he the said \mw4 — gagor] will not, without the consent in writing of the said [mortgagee], his executors, administrators, or assigns, re- voke the powers or authorities hereby given to the said [?e- € c iv c ' tgmjv&\ , his executors, administrators, liaUe^orkwses or assigns, shall not in anywise be charged with, or be by receiver. answerable for, any loss, misapplication, or non-application of the said rents and profits, or any part thereof, by reason of any default, neglect, or breach of trust of or in the said [f-soo'mor] , or any future receiver to be appointed as afore- said, but that such loss, misapplication, or non-application, and every receiver's salary, shall be wholly borne and paid by the said [mortgagor], his heirs, executors, administra- tors, or assigns : Provided also, and it is hereby agreed Receiver not to and declared, that the said [ wcct'ror] , or any future receiver ^ in arrear> to be appointed as aforesaid, shall not act or assist in the execution of the trusts and powers hereinbefore contained ; unless and until some half-yearly payment of interest on the said sum of £ , or some part thereof, shall be in arrear and unpaid for the space of one calendar month (a). VIII.yvNoW THIS INDENTURE WITNESSETH (b), that, ill appointment n , . -, , . . 1 . „ OF RECEIVER pursuance of the said agreement, and m consideration or ON mortgage to two or MORE. («) This last proviso is, of course, no necessary part of the trans- action ; it is however a usual qualification. (b) See supra, p. 120, n. (a). 124 FORMS IN MORTGAGES. OF RECEIVER ON MORTGAGE TO TWO OR MORE. appointment the premises, he the said \piortgagor ~\, with the privity of the said [m origagco s- \ } (testified by their being parties to and executing these presents), doth, by these presents, appoint the said \ f€veiver~\ to be receiver, agent, and attorney, from time to time, in the name of the said \ * nortgagor~\ , to receive the rents and profits of the said ([messuages, &dj «» tho caco - i mtg bo] and hereditaments mentioned in the said schedule to these presents, from the present and future tenants and occupiers thereof, and the person or persons liable to pay the same respectively ; And, in case of the non-payment thereof, to use all or any lawful remedies for recovering and obtaining payment of the same, or any part thereof, by action, suit, distress, or otherwise ; And to do all other things needful or expedient for receiving the said rents and profits, as fully and effectually, to all intents and purposes, as the said [mortgagor] could do ; And the said [movfa/a yor] doth hereby order and direct the tenants and occu- piers of the said premises respectively, and the persons liable to pay the same respectively, to pay unto the said [> ' >3i3i n H ' L"4ij , and to any future receiver to be appointed as is hereinafter mentioned, the rents and profits of the said premises ; And doth hereby declare, that the receipts of the said \feeeivrr], or of any future receiver to be ap- pointed as is hereinafter mentioned, shall be good and effectual discharges to such tenants or occupiers and per- sons, for such rents and profits as they shall respectively pay to him ; And it is hereby agreed and declared, that the rents and profits which shall be received by the said [veooitwr] , or any future receiver to be appointed as is hereinafter mentioned, shall be held by him, upon trust, that he shall, by and out of the same, in the first place, pay all taxes, rates, assessments, and outgoings for the time being payable upon or in respect of the said premises, and which the respective tenants or occupiers thereof, or any other person or persons, shall not be liable to pay, and the expense of insuring against loss by fire any buildings or other property which he shall think fit to be so insured; And, in the next place, deduct and retain for his own use BO much (not exceeding the rate of £5 for every £100 re- ceived) as lie shall reasonably deserve for his trouble and Trusts of the rents received MISCELLANEOUS CLAUSES. 125 expense in receiving and paying the said rents and profits ; appointment And, in the next place, pay to the said [ mortoaqee & l , or the 0F RKCEIVER 7 l ' x *■ L. v v _i * q^j MORTGAGE survivors or survivor of them, or the executors or adminis- to two or trators of such survivor, their or his assigns, by equal half- yearly payments, on the day of > and the day of in every year, the interest for the said sum of£ or for so much thereof as for the time being shall remain unpaid, And pay the surplus (if any) which shall remain of the said rents and profits, after answering the several pur- poses aforesaid, unto the said [ mortgagor} , his executors, administrators, or assigns: And the said [receiver} doth Covenant by hereby, for himself, his heirs, executors, and administrators, e recelver - covenant with the said [mortgagees] , their executors, ad- ministrators, and assigns, and also as a separate covenant with the said [mortgage**] ; his heirs, executors, administra- tors, and assigns, that he the said {. receiver] will, so long as he shall be the receiver of the said rents and profits, use his utmost endeavours to collect and receive the same, and will duly pay, in manner and for the purposes aforesaid, all such monies as he shall receive by virtue of or under the afore- said powers or authorities; And the said [m ortgago r} doth Covenants by hereby, for himself, his heirs, executors, administrators, and mor gag01, assigns, covenant with the said ^ movtg u g eeQ their executors, administrators, and assigns, that he the said [mortgage e] will not, without the consent in writing of the said \m&)4- gag e ef} , or the survivors or survivor of them, or the execu- tors or administrators of such survivor, their or his assigns, revoke the powers or authorities hereby given to the said [ wooiwflr] , or any of them, or do or suffer to be done any thing whereby the said powers or authorities, or any of them, may become void or of no effect, or hinder or obstruct the said [receiver}, or any future receiver to be appointed as hereinafter mentioned, in recovering or receiving all or any of the said rents and profits, so long as the said sum of £ , or any interest for the same, or any part thereof re- spectively, shall remain on the security of the said herein- before-recited indenture of even date with these presents; And, further, that, in case the said [receiv er}- shall die, or by any disability be disqualified or rendered incapable to re- ceive the said rents and profits, or shall refuse or neglect to 126 FORMS IN MORTGAGES, APPOINTMENT OF RECEIVER ON MORTGAGE TO TWO OR MORE. Mortgagor to be exclusively liable for losses l>y receiver. perform the duties or trusts hereby reposed in him, or shall otherwise misbehave himself whilst the said sum of £ , or any interest for the same, or any part thereof respect- ively, shall remain on the aforesaid security, then, and in any of the said cases, (except the death of the said [rc- oe i vcv] ), he the said [ mortgagor'] , his heirs or assigns, will join with the said [ mortgag ee o] , or the survivors or sur- vivor of them, or the executors or administrators of such survivor, their or his assigns, in removing the said [receiver] from the said employment; And will, in any of the said cases, duly appoint and authorise such other fit person or persons, in the place or stead of the said [ r ece i ver] , as the said [mortgagee^] , or the survivors or survivor of them, or the executors or administrators of such survivor, their or his assigns, shall from time to time nominate to receive and pay the said rents and profits in manner and for the purposes aforesaid, and so from time to time, when and so often as the like case shall happen, until the said sum of £ , and all interest for the same, shall A be - paid to 'fno said [mortgagees] ,-or - tho aurvivora or ourvivor - of them, or t he executory o p administrat o rs of auch o urvtvor, their or his assigns"; And that, in case the said [mortgagor], his heirs or assigns, shall refuse or neglect so to do for three calendar months next after the death, incapability, or misbehaviour of the said [re e ew e r] , or any future receiver so to be ap- pointed as aforesaid, then and in such case, and so from time to time as often as the like case shall happen, it shall be lawful for the said [mortgagee s ] , or the survivors or sur- vivor of them, or the executors or administrators of such survivor, their or his assigns, without the concurrence of the said [mortgago r]; his heirs or assigns, to appoint, and authorise some fit person to receive, and pay the said rents and profits, in the manner and for the purposes afore- said. Provided always, and it is hereby agreed and declared, that the said [ m ortgagees] , or any of them, their or any of their heirs, executors, administrators, or assigns, shall not in anywise be charged with, or be answerable for, any loss, misapplication, or non-application of the said rents and profits, or any part thereof, by reason of any %vt} lo+pf. estate. vivors or survivor of them, or the. heirs or such survivor, shall, with the consent in writing of the said and [igg^ g ] during their joint lives, and of the survivor of them during his or her life, and after the death of such survivor, at the discretion of thorn the said trustees or trustee for the time being, sell the said hereditaments and premises hereinbefore expressed to be granted J^&r- appointed; &ci, ao tho oase may bo\ , either entirely , and altogether or in parcels, and either by public auction or private contract, with power to buy m^'ana "to 'rescind any contract for sale < » f the said pre m i s e s , • or -e- ny part - thereof, and to resell tho oamo , without being answerable for any loss Trhieh may happen thereby, and also with power to insert any special or other stipulations in any contract for or conditions of sale, either as to title or evi- dence of title, or otherwise, and with power to execute, make, and do all such conveyances, surrenders, assurances, and things for effectuating any such sale as aforesaid, as maybe necessary or expedient; And suall, by and out of the purchase-monies to arise from overy or any such sale as aforesaid, pay the expenses incurred in or about the same, or otherwise in or about the execution of any of the trusts or powers of these presents, and stand and be pos- sessed of, Hml inturo i itud in, the residue of the same pur- chase-monies, and also of and in the rents and profits of PERSONAL SETTLEMENTS. 1 29 SALE OF REAL ESTATE. the said hereditaments and premises, until the same shall trust for be sold, Upon and for such trusts, i nten t s, and purposes, and with, uiidru, and subject to such powers, provisoes, declarations, and agreements, as are or shall be declared-©^ w ad - c oncerning the same respectively, by an indenture al- ready prepared and ingrossed, bearing or intended to bear even date with these presents, and made or intended to be made between ^ parties t rr the se tt lement vf even date] [op Upon and for the trusts, intents, and purposes, and with, under, and subject to the powers, provisoes, agreements, and declarations, hereinafter declared of and concerning the ynmr m-p Q "tivp|y] , II. Provided always, and it is hereby agreed and power of LEASING REAL ESTATE HELD SALE. declared, that it shall be lawful for the said \_ t t moiooo] , and the survivors and survivor or them, and the hoipo or such IN trust for survivor, at any time or times after the solemnization of the said intended marriage, before all the said heredita- ments and premises hereinbefore expressed to be granted \yi appuinlid, &c, as iht nam muy bv~\ shall be sold, with the consent in writing of the said [bmbamQ and [wt]/ # ] during their joint lives, and of the survivor of them during his or her life, and after the death of such survivor at the discretion of t b om the said trustees or trustee for the time being, to domioc or lease all or any of the said here- ditaments and premises, for any term or terms of years not exceeding twenty-one years, to take effect in posses- sion, iinrl so as there be roporvod.the best yearly rent -ep- rente to be inoidont t o the immediate) revcroion that ooh be reasonably gotten, without taking anything in the na tereo of a fine, promium, or fo«egiftj a nd s o a s there - v contained in every such demist or lease a condition oi re-entry for non payment of the rent or rents thereby rel- served, and so as the lessee or lessees do execute a counter- part thereof, ancj do thereby covenant for the due payment of the rent or rents thereby raoorvod; and be not thereby mad e d is punishafble for wast e (a ). X. (a) The above is the usual power of leasing for twenty-one year. (cf RITIES. 130 FORMS IN SETTLEMENTS. trust for III. Upon trust that they the said [trus t ees] , and the investment, surv j vors an( i survivor, of them, and the executors and ad- AND POWER TO # _ X^ Ci , ^^.-c^feeef frxC^icf Vw H&S4 T * V**'** , , vary secu- minis trators ot such survivor- shall either permit the whole or any part of the said sum of £ 1, per Cent. Bank Annuities to remain in its actual state of investment, or shall, with the consent in writing of the said [ hmb&nd ] and [wife] during their joint lives, and of the survivor of them during his or her life, and after the death of such survivor at the discretion of them the said trustees or trustee ■£©¥- t4ic time •b eing, sell and dispose of the said sum of £ — I. per Cent. Bank Annuities, or any part thereof, and invest the monies to arise thereby, in the names or name of them the said trustees or trustee f o r the; time boing , in or upon any of the parliamentary stocks or public funds of Great Britain, or at interest upon Government or real securities in England or Wales, (but not in Ireland) [or i» ■ Ireland] , and from . time to time, or at any time, 33£e*y v ary, - or tranaposo such s tocka, tunda, - or securities into - eg- for others of - the samo or a like nature. OL trust for IV. I j ton tru o t that thcy.jtho oaid [trustees], and the - • vILwr. ™ survivors and survivor of the my, and the heirs, executors, or AND POWER TO . 4 ,c V!*£«M y (*xM^. ■t£Lx>ei-ia/. Vfildlx**) rr Vn*l{t£ vary secu- administrators ol such survivor A shall, with the consent in RITIES ( Q. i I . - p ' writing of the said [ hrtabmid] fend [wife^ during their joint ' ' ;' K4xrtii0 lives, and of the survivor of thdm during his or her life, and applied to houses and lands, and is the only one usually inserted in settlements in trust for sale ; the forms, however, for mining, build- ing, and repairing leases, given infra, section 2 of this chapter, may readily be adapted, when required, to a settlement in trust for sale. This, as well as the trust for sale, immediately preceding, are usually found not in the settlement, but in a deed of even date. (Martin's Conveyancing, Vol. 4, p. 341). (a) The form No. Ill is that in ordinary use. At present, how- ever, the form No. IV, to the whole or some exteut, is often pre- ferred, from the greater latitude it allows. This form differs also from the last in being adapted to monies in the hands of the trustees, or which may come to them from the sale of real estate or otherwise. PERSONAL SETTLEMENTS. 131 ^ ftc r the doa^htjf audi suityivui - al the di uui otion of tho oaid trust for fj. j. 5 ** *•*-»**/<-' C • 1 • c xl (A INVESTMENT, HrusteesS, or ot tae - survivdp or survivor ot thom^ or ot the and power to e x e cutors or- adminiotrat o r i i of such survivor , invest the vary becu- • fir "B RITIES. said monies, in the names tor name of the said \ trustees}, —>-; -. — o r tho surviv o rs . or B urvivof of them, or tho oxocutorc o r a dministrators of such sui'viftor r in or upon any of the par- liamentary stocks or public! funds of Great Britain, or at interest upon Government, ojr real, or leasehold, or chattel personal securities in England, Wales, or Ireland, [or any other country,] or in or uraon the stocks, funds, shares, loan notes, debentures, mortgages, or securities of any com- pany incorporated by act oi Parliament, [or otherwise,] or of any foreign government! or state, or upon the personal security of any person •' ANp it^js olereby agreed ' mid iiii i -i i. T i ^ 'f»7oAu . d eclared, tl iu t the said fgrusfeesL or the .s urvivor s, or sur - v ivor of thorn > or the executoro or administrators of ouc h s u r vivor, may s from time to! time, with such consent or at such discretion as aforesaiq, alfeffivary, or tranopooc such -*M*«e^ Aww/g^ s tocka, funda, aharc3, or accuritico, intcor for others of the- s ame or a liko naturo* Jl e/ ^vt^j^^L- ,*si&nr- V. And shall pay the interest, dividends, and annual trust for , „ . . , . l f l 1 • THE SEPARATE proceeds of the said trust monies, stocks, tunas, ana secun- USE 0F W1FE . ties, during the joint lives of the said [JmsbmuQandL-^wrffi, to the said {w i fe], for her sole and separate use, independ- ently and exclusively of the said [fmsbsmd^ and of his debts, control, interference, and engagements, and so that her re- ceipts alone shall be discharges for the same, and that she shall not have power to deprive herself of the benefit there- of by sale, mortgage, charge, or otherwise in the way of an- ticipation. VI. In trust for all, or such one or more exclusively, of trust for the others or other of the children of the said intended THE PARENTS marriage, at such age or time, or respective ages or times, if or the sur- more than one, in such shares, and with such future and P0INT) AND IN executory or other trusts for the benefit of the said child- default •f . . EQUALLY. ren, or some or one of them, with such provisions for their maintenance, education, or advancement, either at k2 132 FORMS IN SETTLEMENTS. 7 TRUST FOR. CHILDREN AS THE PARENTS OR THE SUR- VIVOR AP- POINT, AND IN DEFAULT EQUALLY. •■(rtyy^-^' trust for children and issue as the parents or the survivor appoint, and in default equally; with special hotchpot CLAUSE. the discretion of the said trustees or trustee for the time being of these presents, -or of any other person or persons, and upon such conditions, with ouch rcstriction cy- and in such manner, as the said . [ husband^ and [wife] shall, by an y --deed or dccd3, or writing or writings, s caled and -deh-- vcrcdpvith or without povv e i uf levucatiun and n e w app otrrt^- moHt, from time to time, or at any time, jointly duett oi appoint ; And, in default^ of such direction or appoint- ment, and 30 far as no - ouch direction or appointment p h ft ll exten c fr then as the survivor of them shall, by a»y-deed-or- d oede, or writing or writingo, ooalod and delivered, wrth or without powor of revocation and new appointmcnt, A or by will or codicil, or writing in tho nature nf nr purport- i ng to -b t a will or codic il , from time to time, or at any tune, diroot or appoint ; And, in default ot^any such eh- gootion » r appointment, n nrl n n f n r nn nn -such directio n— og- appointment ohall ciitond, In trust for all or any the child- ren or child of the said intended marriage, who, being sons or a son, shall attain the age of twenty-one years, or being daughters or a daughter, shall attain that age or marry under that age ; and if more than one, in equal shares. VII. In trust for all, or such one or more exclusively, of the other or others of the issue of the said intended marriage, (whether a chil d or children, w a remoter doccend a**t or remoter descendants), to be burn during tin li^c u of the 3aid [husband] and [wife], or the life of the .survivor e£-_ th e m > at such age or time, or respective ages or times, if more than one, in such shares, and with such future or executory or other trusts for the benefit of the said issue, or some or one of them, and with such provisions for their respective maintenance, education, or advancement, at the discretion of the said trustees or trustee for the time being of these presents, or of any other person or persons, and upon such conditions, witU audi rcGtrictionc, and in such manner, as the said [hueba n d] and [ w * /o] shall, by a»y- deed ' oV^feetrs y ui vv'iilin g or writin g s , sealed an d. delivered ^ with o x -w i t hout power of r t vocation and new a ppnintn i unt, from time to time, or at any time, jointly PERSONAL SETTLEMENTS. 133 Oik/ siwiU£ Ot-vi/* iUtUfe^^-rtt-^^^ dh ' cit m appoint ; And, in default of such direction or- trust for . , -. /. IT .• • j. i. CHILDREN AND appointment, and ao f ar asno such direction or appointmont igsUE Ag THE shall oxt e ud, then as the survivor of them shall, hy ttny- parents or ZUfCHCLfce. rr *njevr4oc/*fiz - . . . , , , ,. j THE SURVIVOR deeeh ov decd # , or writing or writings, sen led and d el i vered, APP oint, and with or without power uf icruut t ton and n e w a ppointment, ,N default r m rL EQUALLY ; or by will or codicil, or writing in tho nature of oi' pur with special po rting to - be a will or codicil, from time to time - , or - at "°™" S e° t any time, direct or * appoint; And, in default oj^any such' direction or appointment, a nd s o - far ao no ouch d i rection . or appointment shall ex tend, In trust for all or any the children or child of the said intended marriage, who, being sons or a son, shall attain the age of twenty-one years, or, being daughters or a daughter, shall attain that age or marry under that age, and, if more than one, in equal shares : Provided always, - and it io hereby agreed 1 and doolar e d. Hotchpot that no child who or whose issue shall take any part of the said trust monies, stocks, funds, or securities, under s x by - virtue o f any diroction er appointment in pursuance of either of the powers lastly hereinbefore contained, shall have or . . be entitled to any further m othor share m or m -febac "part of the said trust monies, stocks, funds, and securities -ef — - which no cuch . diroction or appointment shall have been — made, without bringing the share or shares appointed to him or her, or to his or her issue, into hotchpot, and ac- counting for the same accordingly. VIII. Provided always, and it is hereby agreed and dprlflral that no child taking any part of the said trust monies, stocks, funds, or securities, under or by viituc uf -any direction or appointment in pursuance of either of the powers m duthuiilics lastly hereinbefore contained, shall kayo or .be entitled to any further - or other share of or in - thaLpart m the said trust monies, stocks, funds, and se- curities of " which no auch ■ dircitiuu ui appuintment shall - have been made as afmesaid, without bringing his or her appointed share into hotchpot, and accounting for the same accordingly. hotchpot CLAUSE. IX. Provided always, and it is hereby agreed and de- ADVANCE- MENT CLAUSE. 134 ADVANCE- MENT CLAUSE. FORMS IN SETTLEMENTS. clared, that it shall be lawful for the said \trustees\si\M\ the survivor s and s u rvivor of thorn, and the cxtcu t o v a and ad - miniotrafcmsuf suih aurv i v ui, a t any time or times after the death of the said \ hmbtmd\ and { jw g /b ], or in their, his, or her lifetime, with their, his, or her consent in writing, to raise any part or parts of /Xne then 'expectant, or presump- tive, or vested share of any &©■»- of the said intended mar- riage, under the trusts hereinbefore declared, n#fc-t?ju,ucilhig— i n tho whole one half part uf his said then cx -peetanfej-or presumptive, or ¥e$tod s haro^ and to pay or apply the same for his preferment, advancement, or benefit, as they the said trustees or trustee for the timo being shall think fit. '//. MAINTENANCE CLAUSE. jr. ACCUMULA- TION CLAUSE (a). X. And it is jiereby agreed and declared, that the said [trustees), and the burvivuis and su rvivor oi tnem7~ai i »a^ the executors and administrators of such auyw ^or, shall, after the death of the said \ Jmeband\ and [wq/b] , pay or apply the whole, or such part as they the said trustees or trustee for - the timo being shall think fit, of the 4 ntere s t, divid e n ds^ and annual produce - of the share to which any child of the said intended marriage shall for the time being be entitled in expectancy under the trusts hereinbefore declared, for or towards his or her maintenance or education, until his or her said then expectant share shall become vested and pay- able, and that the said trustees or trustee for the timo boing u may either themselves or himself so pay or apply the same, or may pay the same to the guardian or guardians of such child for the purpose aforesaid, without seeing to the appli- cation thereof. XI. And shall, during such suspense of absolute vest- ing as aforesaid, accumulate all the residue (if any) of the same interest, dividends, and annual produce in the way of compound interest, by investing the same, and all the result- ing income and produce thereof, from time to time, in or (a) This clause follows the last, (the maintenance clause), and must be read in connexion with it. PERSONAL SETTLEMENTS. 135 upon any such stocks, funds, or securities as are hereinbefore mentioned, for the benefit of the person or persons who, under the trusts herein contained, shall become entitled to the principal fund from which the same respectively shall have proceeded, with power for the said trustees or trustee fo r the time being to resort to the accumulation of any pre- ceding year or years, and to apply the same for or towards the maintenance or education of the child for the time being presumptively entitled to the same, in the same man- ner as such accumulations might have been applied in case from the original trust fund in trie* year in which - t ho sa me ah al ! be ao a p pliod* ACCUMULA- TION CLAUSE. XII. And it is hereby agreed and declared, that, if there shall be no child of the said intended marriage, who, being a son, shall attain the age of twenty-one years, or, being a daughter, shall attain that age or marry under that age, then and in such case, subject, nivnthi ' lcajj, ami TRUST IN DE- FAULT OF CHILDREN, FOR THE WIFE. without prejudi c e to the trusts hereinbefore declared, and from and after the death of the said [k ttsbtm tQ and such de- fault or failure of children as aforesaid, which shall last hap- pen, the said [trustees^ mcw cxccutorO) administrators, and as s igns, s hall stand and b » possessed of, -and inteicstLd i«5 the Said trnlf ^nninrij rtnnlrri^ fnriflri J mi rl r- nn1lrl 'ti Pgj an( J L ] le ^ MOi-yn^ inter - cot, dividcndo) and annual produce thereof or of so much thereof respectively as shall not have become vested or been appli ed under _any^of the trusts or powers herein contained^TJpoN the trusts following; (that is to say), If the said [ wj/b] e h all survive the said [ Imaband] , then In trust for her the said [ w&/c] j her executors, administrators, and assigns ; But if the said [wife] shall die in the lifetime ofjhesM& ^itsband] ^ then fln trust for such person or per- sons, and for . such, intents and purposes, as the said [wif a \ shall, whether covert or*solou by will or codicil, e r writing m tho nature of or purporting to be a will 01 codicil, direct . . » i • i p^*tf>r-*y *-A^f*'3tft- ib+th-ec/ -A> £t±**l •os-appoint ; And, in deiault^ot such utroction or appom-t- ment, •andr-so-iar-asHtr o such di reetrer^^r~-a|>pe4B^m«frt/T5farir fn trust for such person or persons as, under THe"" 7/ WIFE. 136 FORMS IN SETTLEMENTS. trust in de- statutes for the distribution of the effects of intestates, «„f™™°^„ would have become entitled thereto at the decease of the (_ 11 I L I * K r. N , FOR the wife. said [vitfo], if she had died possessed thereof intestate, and without having. been, married, such persons, if more than one, to take as tenants in common in the shares in which they would have taken under the same statutes. ,y trusts in XIII. And it is hereby agreed and declared, that, if children • as there shall be no child of the said intended marriage, who, to part for being a son, shall attain the age of twenty-one years, or, HUSBAND, AND . ° . part for being a daughter, shall attain that age or marry under that age, then and in such case (subject, nevertheless, and with- out prejudice, to the trusts hereinbefore declared) the said trustees],, t - h e ir oxooutors, adm r mati'atoro, and aooigno, shall stand and bo possessed of, and intcrootod - in, the said trust monies, stocks, funds, and securities, and the interest, divi- dends, and annual produce thereof, or so much thereof as shall not have become vested or been applied under any of the trusts or powers herein contained, Upon the trusts following; (that is to say), As to , and the monies pro- duced by the sale, transfer, or disposition thereof, and the stocks, funds, and securities in or upon which the same or any of them may be invested, and the interest, divi- dends, and annual produce thereof, or so much thereof re- spectively as shall not have become vested or been ap- plied under any of the trusts or powers herein contained, from and after the death of the said [wt/b], and such de- fault or failure of children as aforesaid, which shall last happen, In trust for the said [Jmsband^ his executors, ad- ministrators, and assigns ; And, as to , and the mo- nies produced by the sale, transfer, or disposition thereof, and the stocks, funds, and securities in or upon which the same monies, or any of them, may be invested, and the interest, dividends, and annual produce thereof, or so much thereof respectively as shall not have become vested or been applied under any of the trusts or powers herein contained, from and after the death of the said [ J buuband] , and such default or failure of childre n as aforesaid, wh ich shall last happen, iUroN THE trusts following; (that is PERSONAL SETTLEMENTS. 137 to say), If the said fyoifu] shall survive the said {-km*- trusts in b antl~\ , then In trust for the said \tm,fv\ } her executors, ad- C h,Ydren -°as ministrators, and assigns ; But if the said [wt/e^-shall die to part for ; HUSBAND, AND TART FOR in the lifetime of the said [■ hwhand] , then/ In trust for such 1 ^person or persons, and for ITuch intents~^and purposes, as the said [ttrrfef shall, wnothcr covert' "tor s olo, by will or codicil, or writing in the nature of or- purporting tobo a- tri ll o r—eodicil, diroot or appoint ; And, in default of A sucb: direction or appointment, and c o far ao no ouoh_jdirec_ WIFE. 7 PROFITS OF REAL ESTATE UNTIL SALE TO BE APPLIED AS OF THE PUR- CHASE-MONEY. t ion— m '- tippuinUnunl shall cx t ewdj In trust for such person or persons as, under the statutes for the distribution of the effects of intestates, would have become entitled thereto at the decease of the said [wifo~ \ , if she had died possessed. ■ i/- /r ' . , "& / ....< / Amfu i- rr thereof intestate, and without, having been ^married, such persons, if more than one, to take as tenants in common, in the shares in which they would have taken under the same statutes. Jf XIV. And it is hereby agreed and declared, that, un- rents and til all the said hereditaments and premises - borcinbcfoi'o ox prooood to bo grante d' [or appointed, &0i ; o r by the herein before-recited indenture of even date with these presents the income expressed to be granted [ur ap p o i n te d ] , .S r r , as tha casoway b&] u hall have been sold, in pursuance of the aforesaid trust in that behalf, the said \4ruetoo»\ , and the aurvWorc^ and """"TOT flf ^p™, and f ^n ^"^ "f nnnTu rMrimrnr^ gffaTT pay or apply the rents and profits of the same premises, or of so much thereof as for the time being shall not have been sold, (after payment thereout of all rates, taxes, payments for insurance against loss by fire, costs of repairs, and other outgoings, which any tenant, or other person, shall not be liable to pay), to the person or persons, for the purposes and in the manner, to whom, and for and in which, the interest, dividends, and annual produce of the monies to arise from such sale, or of the stocks, funds, and securities in or upon which the same monies are hereinbefore directed to be invested, would be payable or applicable under the trusts herein contained, if the sale and investment afore- said were then actually made. t 4n^ J&r . //u> /z^y^a^-- 138 FORMS IN SETTLEMENTS. t COVENANTS AND CLAUSES AS TO POLICIES OF LIFE ASSURANCE. Power for the trustees to apply the in- terest and ca- pital of the trust fund- in keeping up policies. XV. And the said [Jmsbamd] doth hereby, for himself, his heirs, executors, and administrators, covenant with the said [ tvuetoe&] " , their executors and administrators, that, if the said intended marriage shall take effect, he the said [hmbandi] will not do or suffer anything whereby the said policy of assurance on his life may become void or voidable, and will, during his life, duly and punctually pay the an- nual premium, and such other warn or sums of money (if any) as shall become payable for keeping on foot the said policy of assurance, or any policy or policies effected as hereinafter provided, or restoring the same respectively, if the same respectively shall have become voidable, and, in case the said policy, or any policy or policies effected as hereinafter provided, shall become void, will effect a new policy or policies of assurance with such office or offices as the said trustees or trustee f@i* the time, boiag shall direct, and in their or his names or name, on the life of him the said [kusbmmi], in such sum or sums of money as shall be or amount to the sum, which would have been . payable under the policy or policies so become void, it. the said \bmbun4'] had then died, and will deliver every such future policy, and the receipt for every such payment as aforesaid, to the said trustees or trustee fo g the time b e ing, and will not do or suffer any act or thing whereby or by means whereof the said trustees or trustee fui the Unit b e ing may be prevented o* hindeiud from recovering or receiving the monies intended to be assured by the said policy or policies respectively, or any part or parts thereof respectively : Provided always, and it is hereby agreed and declared, that it shall be lawful for the said ?trustees^ t (rr •it'^A and tho -a wvivoro or survivor of th e m, and the executo r s ' - o n . . ^vim'ntunt^.n nf ni^ t^p-viv^ i f tllCy Or lie shall, ill their or his absolute discretion, think fit, at any time or times, to apply any part or parts of the. mterc s t r-dividends, n nr l annual proceeds of the tru-if monir - i, fitnp ks j fiindii a "^ utiouritio s, the trusts whereof are hereinbefore declared, or, if the same be insufficient, then any part of the said-principal *y #" * trust m onio n , nUulu, fujul^ ' Ul SLTUrill(% in payment of the annua] premium, or other the sum or sums of money (if any) PERSONAL SETTLEMENTS. 139 which shall become payable for keeping on foot or restor- covenants ing- the said subsisting policy of assurance, or for effecting, AND CLAUSES O O -T J o' ASTO POLICIES keeping on foot, or restoring any such new policy or poli- of life cies of assurance as aforesaid; And it is hereby agreed _ — 1 and declared, that every policy of assurance effected as Trusts of poh- ' **■*••' cies substituted hereinbefore is provided, and the monies to become payable for avoided (4m£- under or by virtue of the oomc, shall be held and applied by the said UrusteesX, o r Hie aui'vivoi'3 or ourvivor of them, or - ihe executms ui administrators of ouch ourviKor, upon and for the trusts, i fttc»t3, - and purposes, and with, un d or; and subject to the powers, provis eoo) agrccmenta, and doolai'a» - »5-in and by these presents declared ®£ ami concerning policies. the said now subsisting policy, and the monies to become payable under or by ' virtue of tho oamc - Provided also, Trustees not to nevertheless, and it is hereby agreed and declared, that it account^oTthe shall not be obligatory on the said [trustees], or the sur » policies not vivoro or - dupvivul 1 of them; ui the UAAxutoro or admini - frotr,rg ,- f mnli tin i) i n 1 1 1 tr. enforce any of the covenants hereinbefore contained in relation to the said subsisting policy of assurance, or any. such new policy as aforesaid, or to apply any part of the safcT u»tor octV SSftJ&B€fey-aB a u al pi » oooodo| truot monioo; otookc, fundo; or coouritigs . in pay- ment of the annual premiums, sum or sums of money, payable for keeping on foot or restoring the said subsisting policy, or for effecting or keeping on foot or restoring any such new policy of assurance as aforesaid, unless when , . n (fi/At^ faffed &u caned on so to do m any specific case, by some person beneficially interested in the premises, and that no omis- _^ sion or neglect in that behalf by tho oaia trustees or trustee *y^^u ^ , Ae-ee-j,»*i-- • fov t ho timo being - (except when called on as aforesaid) shall be chargeable as a breach of trust, and that the said trustees, or any of them, their or any of their executors or administrators, shall not be in anywise responsible or ac «= €ountablo-ifei v e¥^on account of the said subsisting policy, or any such new policy as aforesaid, becoming void through any means whatsoever, except their or his own omission or neglect, when so called on as aforesaid. • {j XVI. Provided always, and it is hereby agreed and power to lay ^y OUT TRUST MONIES IN THE 140 FORMS IN SETTLEMENTS. */ / - , declared, that it shall be lawful for the said ttrusteesl, -eertd purchase of t h u u uivivora and ■strmror of them, and the oxcoutuis or LAND. , t I admini3tratoi'3 of auch juvvivov, during the lives of the said [ husbandi] and fowffi] , and the life of the survivor of them, with their, his, or her consent in writing, to lay out and invoot the mon e y tu aiise or be pruduced from thc -salg, transfer, or disposition of the said sum of £ Cent. Bank Annuities, or any part thereof, or — I. per Tom the sale, transfer, or disposition of any stocks, funds, o : securities in or upon which the same trust monies, or an| any part thereof, shall for the time being be laid out or in- vrntnd. m 1 my pari r f • i n h I r i nt m^nirn rft¥p"rtiyp l y J in the purchase of any freehold, copyhold, or customary Mianors, iTH-^uugca, landsy tenements, m hereditaments in England or Wales, for anf estate of inheritance, or any leasehold -mooouagca, - l a - nda, tonomonto, or hereditaments in England or Wales, for any term of years whereof not less than sixty ,- ,* , „ . • i 1 ..CtrKt 31m.C.Ol Ol£l£<-U I^a-nxfAiijO^^^i^ years shall be unexpired at the time ol such purchase^-te-be conveyed, surrendered, or assigned to them the s&idKtrusteesX,or'£«^u& ^e r the aurvivoro or aurvivoi ' of them, an d- Lhi ' ii u r liiu hciro ;. oxooutoi'dj a dministrator. ? !, and aooigray according to the na- ture of the estate pj: interest therein, Upon trust that the said [trusteesi, or the 3ui ' vivois ui suivivui of them, ui th e hcira, cxooutorc; or administiatuis uf such :^ui vivt**-, shall, with the consent in writing of the said [kmband] a nd [w»/o], or the survivor of them, during his, her, or their lifetime, and after the death of such survivor, at the discretion of the said trustees or trustee foi 1 the lime being, - sell the same manor s, . mcoauagea, lands, tcncmont o r and hereditaments, either en- tir el y and al together or in parcels, and either by public auction or private contract, for such price e t ' pric e s , and *x^*/i upon s uch conditions, -mrl ivi»li ; m r l i < » ipwLitinn«t ag to title or otherwise, and in such manner in ovory roopoot , as the said trustees or trustee fi at tl tw t, i »ui Win * ? s hall think fit, with power to buy rn^or rescind any contract ror sale of tlio omd p remis e s , ut any pail lliuil ' uf, and to resell the oamc , without being answerable for any loss which muy happen tlieieby, - and to execute, make, and do all such agreements, convoy anew, wweattew; a.sMguinuiil.% bwwbbc cs. and other things /< ItAAjGAr I'm- t cocae 4-ki>J J ACaUIRED PROPERTY OF THE WIFE. 142 * FORMS IN SETTLEMENTS. . ■ ^ ^./. agreement to A. VII. And it is hereby agreed and declared^that it existing or ^ e sa ^ [w/ g] now is, or if at any time or times during after- the said intended coverture she or the said [hmb&iid] in her right shall become entitled by descent, transmission, devise, bequest, gift, representation, purchase, or otherwise, to any real or personal property of the value of £ , , e , /or upwards,, for any estate or interest whatsoever, (ex- ■ tied, i 'PLi- W' ce pt jewels, trinkets, ornaments, plate A pictures, prints, and y , r ( for her separate use), then, and in every such case, the said [husband] * and [ wi fe] , and their respective heirs, executors, and administrators, and all other necessary par- ties, shall, at the cost of the said trust estate, as soon as circumstances will admit, and to the satisfaction of the said ^trustees}, er-the-s urvivoi'3 or ourvivor ot mem; or the e xe- cutors or administrators of ouch - siuvi w r , convey, assign, surrender, and assure the said real or personal property, -e*- ethorwi o o causo tho came - t » bcw c ll and cfFcctually ve s ted in-.the said trustees or trustee for the time being ; Upon trust that they or he shall, with all convenient speed, and in such manner as they or he shall think fit, sell, or call in or convert into money, such part or parts of the said property as shall not consist of money, or of an annuity of - annuities, or other real or personal property to which the said [ w»/ » ] now is, or she or the said [A>»jftuW] in her right shall so become entitled as aforesaid, for the life of the said ^fl e /d] only, or for a term of years determinable on her death, Ami shall stand and be possessed of, mid - in ■ teroeted in , the monies to arise from such sale, calling in, or conversion into money, and of and m such part e r par - to of the said property as shall consist of money, ^tnd of and - - in th < ? st o cks, funds^-and securities ' ill OT upuu whi c h suc h moni es r ae p o otivoly may b e— fetid out or invested, an d—of upon and for the trusts, mtmlut and purposes, and with, tow In * , nnd -subject to the powers, provisoes, agroom e nts, and tkxl.MMtiuns, hereinbefore declared t»f and concerning the monies to arise from the sale >> i » < li i i|H>mtion of the said sum of £ I. per Cent. Bank Annuities, and -t ho ot o eka, / .«/ /*,/'/ /,i.«-'r j Ul /f „ ,,„;/J(„^, ( , / , i, ,,.,/. /n \ri>y,*,,C-Vl,rt, t,<* A • > y /W .,,,/ ,*>,<>■> .•:<,-,, ,, ;>,,,.' ,,., /„, ,r'u ,...*/ /(li/'iicfi/ dice/ lv UJfXi I * w>>/,,,<./ t /:,.,,, „,■ /',,,.. ,*,../.-, / (lf * <.,,., ,.<-,,,/ .-.,.*/ '/to/uw »f M* o^yn l uot/yi^m */lC ) XVIII. Provided aj.w.vys>, and it is hereby agreed and declared, that, i£, in the execution of any of the A trusts or powers of thio prooont indenture, it ohall become noooc sary to divide or apportion between or among two or more persons the several funds thfe trusts whereof are herein- before declared, and the trust monies, stocks, funds, or securities of which the said trust funds respectively, or any part thereof respectively, shall then consist, shall be so blended together that it shall be doubtful which part or parts thereof shall have been produced by, or substituted fin, each uiigiudl fund, ui iuiy pail th ereof r £?pUi ' lively - , Id IxLcCl +X(<<'CI 11^ tftril M«~ *?£*.vrl i twutteeiO vh/ Zhi*x>la? ■ <}& <*.££, n*, Uti: n*x*o6~ >■> * ^ii<*lii'_/!<. i afU,t C\jl U. -1 1 i/LeryV-U tfil/ndiu/^iAiWI,^ MtlA^ M' <>c*Trt£ tf/lclY (\ci'n {tJZesVl Cto **eM. CLJ4A • ncol ( *<* OS^vu^f o^i*/,/* vtTceetf/ti t/v /o/eoc,i<7 C(/ M?l& ■ J^eaf- ** 144 FORMS IN SETTLEMENTS. than itiihl mjaxcvy nidi case it shall be lawful for the said ' Vm, nr thft . ^Tf- POWER FOR blended m entors ui ■ adminiotratoro of auoh ourvivor, to divide or FUNDS. a i ii, - — apportion auch trust /monies, atocka, fundo; and ooouritica ^between or amo»g the -e arn persons entitled thereto, in such manner as the said trustees or trustee for the time being shall deem just and reasonable, according to the respective rights and interests of the aevc r at ' persons entitled thogcto -f- X And such di virion A or apportionment^ shall be as binding and conclusive upon all persons then or thereafter to be interested in the premises, as if the same had been duly made by a court of competent jurisdiction. Si. 8f TRUSTEES RECEIPT CLAUSE. XIX. Provided always, and it is hereby agreed and declared, that the receipt or rec e ipts in writing of the said [trust e es], or the survivors or aurvivor of them, or th e heir s y -e- xooutoro) - or adminiotratora of o uch surviv -ofj-or— of fcke trustees or trustee fui th e time being acting in tho ox ccutiow of the truoto of thoco presents -, for the purchase- money of any property hereby directed or authorized to be sold, and for any other monies, stocks, funds, or securities paid or transferred to them or him under or by virtue of these presents, or in the execution of any of the trusts hereof, shall be an effectual discharge o r - effectual - dis - chargca for ti uch monie s , stocks, -f unds, -- or s ec ur-itr es, And that the pcraon or poraona to whom Uic -saTrre^sha&^ffiven, rrr s, - her, or their hcira, executors, adminis t rator s , er-assig-nSy shall not afterwards be an s werable or accountable for - a ny loss, misapplication, or non-application • ot s uch - monies, otocko, funde, or c oouritico, or be in anywise obliged -or- concern od to see to the application thereof. C//. S power fob XX. And it is hereby agreed and declared, that it the trustees ^ a ]j ) )e ] aw f u ] for the said firusteesX, and the aurvivor - a and - TO ARRANGE f- < AND Survivor ff them, ''"" ^' n nvnnntnrn nn nrlmini p. t , r . itni«i of COMPROMISE. , • 3 . <• •. ■guoh oiii'vivop, to compromise or compound any action, suit, proceeding, difference, dispute, claim, or demand relating to the said trust premises, or any part thereof, upon any terms which they or he shall think proper, and to refer any ''(<>/, ..,,/,/.. ' f / x,i/ //.n;/ t/ A I., A (held on c//<•<'"< -jW PERSONAL SETTLEMENTS. 145 such difference, dispute, claim, or demand to arbitration, And to do all acts and execute all instruments expedient for such purposes, or any of them, And, in all cases in which any question of law or equity shall arise in relation to all or any of the said trust premises, to settle and arrange the same in such manner as shall be advised by their or his counsel, And to abandon or relinquish any claim in relation to all or any part of the said trust premises which their or his counsel shall advise them or him to abandon or relin- quish, And to adjust, settle, and approve all accounts in relation to all or any of the said trust premises, and to de- termine whether any money shall for the purposes of these presents be considered annual income or otherwise, And generally to compromise, settle, and adjust all claims, ac- counts, demands, and questions in anywise relating to or affecting or arising as to all or any of the said trust pre- mises, And to execute and do all releases and things in relation to all or any of the said trust premises, as fully and absolutely, to all intents and purposes, as the said trustees or trustee for- the time being could do if they or he were or was the absolute owners or owner of the said trust premises. POWER FOR THE TRUSTEES TO ARRANGE AND COMPROMISE. XXI. And it is hereby agreed and declared, that the provision hereinbefore made for the said [wife] is so made, and she doth hereby accept the same, in satisfaction and bar of the dower, free-bench, or thirds to which, by the common law, or by custom or otherwise, she might be en- titled, in, upon, or out of the freehold, copyhold, or cus- tomary hereditaments of or to which the said [husband] now is, or shall during the said intended coverture be seised or entitled for any estate at law or in equity to which dower or free-bench is incident. DOWER CLAUSE. 14(5 FORMS IN SETTLEMENTS. LIMITATION OF A TERM OF YEARS. Sect. II. SETTLEMENTS OF REAL ESTATE (ft). I. To the use of the said [trustees], their executors, administrators, and assigns, for the term of years, to commence from , without impeachment of waste, Upon and for the trusts, intents, and purposes, and with, under, and subject to the powers, provisoes, agreements, and de- clarations hereinafter declared and expressed of and con- cerning the same ; And, from and after the expiration or sooner determination of the same term, and in the mean- time subject thereto and to the trusts thereof, To the use &c. OF A LIFE ESTATE. II. To the use of the said impeachment of waste. -, for his life, without OF AN ESTATE TAIL. III. To the use of the said of his body. -, and the heirs [male] 8U-* if OF ESTATES TAIL TO SONS SUCCESSIVELY. IV. To the use of the first and every other son of the said intended marriage [or of the said , by the said , or of the said ] successively in remainder, one after the other, according to their respective seniorities, and the heirs [male] of their respective bodies. limitations V. To the use of all, or such one or more exclusively, "' ' ""■" RKN of the other or others of the children of the said intended \s I II K FA- (a) The forms in this section are generally applicable only to the case of a common marriage settlement on the husband for life, with re- mainder t<» the issue in tail, and without further remainders. In tbe ease of family settlements, the forms in wills (infra, Chap. TV, Sect. 2) can be used, by simply changing the expressions referring to a will into the corresponding expressions for a deed. REAL ESTATE. 147 point; and, in default, as tenants in common in TAIL. marriage, for such estates or estate, interests or interest, rents or the and, if more than one, in such shares, and with, under, and SU thf.m°ap- K subject to such charges, powers of charging, and other powers, provisoes, conditions, restrictions, limitations, and remainders over, for the benefit of all, or any one or more of the said children, and in such manner as the said fyus* l mn\f\ ' and [«>/fe] shall, by any deed or deeds, or any writing or writings sealed and delivered, with or without power of revocation and new appointment, from time to time, or at any time, appoint ; And, in default of and until such appointment, and so far as no such appointment shall extend, then as the survivor of them shall in like manner, or by will or codicil, or any writing in the nature of, or purporting to be, a will or codicil, from time to time, or at any time, appoint; And, in default of and until cw-cC &u*feot -fa- any such appointment, and oo far aj no buch appuintnimit shall CKtond ; To the use of all the children of the said in- tended marriage, and the heirs of their respective bodies, in equal shares, as tenants in common ; And, if and so often as any of the said children shall die without issue, then, as well as to his or her original share, as to the share or shares that shall have survived or accrued to him or her, or to the heirs of his or her body, To the use of the others of the said children, and the heirs of their re- spective bodies, in equal shares, as tenants in common ; And, if all the said children except one shall die without issue, or if there shall be only one such child, then, as to the entirety of the said premises, To the use of such one or only child, and the heirs of his or her body; And, for default of such issue, To the use of \_ umally the sotilo r] , his heirs and assigns, for ever. VI. And, from and after the decease of the said LIMITATION Mm$btmif \, To the use and intent, that, if the said twM " jL J °™" shall survive the said \ jmsband }, she the said [ w ffi ? j , and WITH towers her assigns, may thenceforth receive, during her life, the yearly rent-charge of £ , to be in full for the jointure of the said [wife} , and in bar of all dower and free-bench whatsoever, and to be issuing and payable out of the said l2 1 48 FORMS IN SETTLEMENTS. limitation hereditaments and premises hereinbefore expressed to be rent- ™!™^ g rante d [■* "• appointed, &x., us the lujh may be] , by equal with powers quarterly payments, without any deduction or abatement — — I^_L_ whatsoever, the first of such quarterly payments to be made at the end of three calendar months next after the decease of the said ytmband ], if the said [wife] shall Power of dis. then be living; And to this further use and intent, that, if the said yearly rent-charge of £ , or any part thereof, shall at any time be unpaid for twenty-one days next after any of the times hereby appointed for the pay- ment thereof, then and so often it shall be lawful for the said {wifc ^-, and her assigns, to enter into and distrain upon the said premises hereinbefore charged therewith, or any part thereof, and to dispose according to law of the dis- tress or distresses then and there found, to the intent that thereby, or otherwise, the said yearly rent-charge, a»tr- cvory part thueuf, &u unpaid, and all costs and expenses occasioned by the non-payment thereof, may be fully paid Power of entry, and catiofied ; And to this further use and intent, that, if the said yearly rent-charge of £ , or any part thereof, shall at any time be unpaid for forty days next after any of the times hereby appointed for the payment thereof, then and so often (although there shall not have been any legal demand made thereof) it shall be lawful for the said [ wffi} , and her assigns, to enter into and upon, and to hold, the said premises hereinbefore charged therewith, or any part thereof, and to take the rents and profits thereof, until she and they shall t herewith - and thereby, or otherwise, be fully paid and oatioficd the same yearly rent-charge, and the arrears thereof due at the time of such entry, or afterwards to become due during her or their being in possession^of the same premises, toge- ther with all costs and expenses which s Ikj or they ohall - BiMtoin by rcaoon of the non-payment thereof; And such possession, when taken, to be without impeachment of Limitation <>f waste; And, subject and charged as hereinbefore is men- "•' ,,: '" "' tioned, To the use of the said fyrmteed , their executors, year*. ' L -" ' administrators, and assignSj for the term of years, to commence from the death of the said [hmband], without REAL ESTATE. 149 AND TERM. impeachment of waste, upon and for the trusts, wrtefrtsj limitation and purposes, and with, w i der, an d subject to the powers, OF AJ0,NTl ' R ^ ^ provis oes; agreomonto, — ecmk — declarations, hereinafter de- with powers clared and expreoood of and concerning the same; And, from fl ii d after t 1 " ■ ssq irntinn nr nnnnnr rW r rmin n tinn nf.th r aamc turn, anum the moantimo subject thorc to and to the trusts thereof, To the use &c. VII. And, from and after the decease of the said limitations [husbund] , To the use and intent, that, if &c, then and 0F J K ".'^J. UUK in ouch caac> she the said [ wi f e] , and her assigns, may charges, w thenceforth receive, during her life, the yearly rent-charge 1N different of £ , and th nt, if fee l Hi~n n nrl in f i nch rn g< \ g ^ f ^ Q events, with • i r •/■ n 11 • r to POWERS AND said [wyo]) and her aeeignc, may, from and after , term. receive during her life the yearly rent- charge of £ , the said yearly rent-charge of £ , or £ , (as the case may be), to be in full for the jointure of the said [ t fl e / # j , and in bar of all dower and free-bench whatsoever, and to be issuing and payable out of the said hereditaments and premises hereinbefore expressed to be granted [w-ap— p oi n ted , & o>, as t h e case may b o ], by equal quarterly pay- ments, without any deduction @fe-=aJbateaaant whatsoever, and the first of such quarterly payments of the said yearly rent-charge of £ , or £ , as the case may be, to be made at the end of three calendar months next after the death of the said [ ktcsbam F] , [o r " no xt aft e r-^he happ e n- i ng of the cvont in which tho s am e-i s - here i nbefor e lkn i te d an 4 m a do pa y a ble - " ] , if the said [wvfe^- shall then be living; And to this further use and intent, that, Powerofdis- if the said yearly rent-charge of £ , or £ , as the case may be, or any part thereof, shall at any time be unpaid for twenty-one days next after any of the times hereby appointed for the payment thereof, then and so often it shall be lawful for the said E«ff?/1?^ and her as- signs, to enter into and distrain upon the said premises hereinbefore charged therewith, or any part thereof, and to dispose according to law of the distress or distresses then and there found, to the intent that thereby, or other- wise, the said yearly rent-charge of £ , or £ , as tress. 150 FORMS IN SETTLEMENTS. SJ. LIMITATIONS OF JOINTURE RENT- CHARGES, TO TAKE EFFECT IN DIFFERENT EVENTS, WITH POWERS AND TERM. Power of entry. Limitation of the term. P 00 VI so AG \I\ST AI-- POH i 10NMENT in- III.VI- CHARQE8. the case may be, and every part thereof so unpaid, and all costs and expenses occasioned by the non-payment thereof, shall be fully paid and satisfied; And to this further use and intent, that, if the said annual sum or yearly rent-charge of £ , or £ , as the case may be, or any part thereof, shall at any time be unpaid for forty days next after any of the times hereby appointed for the payment thereof, then and so often (although there shall not have been any legal demand made thereof) it shall be lawful for the said [ ife]; and her assigns, to enter into and upon, and to hold, the said premises herein- before charged therewith, or any part thereof, and to take the rents and profits thereof, until she and they shall therewith and thereby, or otherwise, be fully paid amUatio fred the said yearly rent-charge of £ , or £ , as the case may be, and the arrears thereof due at the time of such entry, or afterwards to become due during her or their being in possession of the same premises, together with all costs and expenses which she ui they ahull jujtuin by reason o f the non-payment thereof, and such possession when taken to be without impeachment of waste; And, subject and charged as hereinbefore is mentioned, To the use of the said \4 rustoci\, their executors, administrators, and assigns, for the term of years, to commence from the decease of the said [kmb*md~\, without impeachment of waste, upon and for the trusts, intents, and purposes, and with, under, and subject to the powers, provi s o es, agicx - i HontBi and declarations hereinafter declared a nd oxprooootL - *» f and concerning the same ; And, mom and aflu tin* ex . piration or sooner determination of the same term, and m the meantime subject thorct o and to the trusts thereof, To the use &c. VIII. Provided always, that there shall be no appor- tionment in favour of the said — , or , [pcr.wn. i to - mho m rout t /mi 71 a un Ittt ti tetQ, of any quarterly payment of the said yearly rent-charges of £ , £ , and C , or any of them, under the provisions of an act of Parliament made and passed in the fourth year of the REAL ESTATE. 151 reign of his late Majesty King William the Fourth, inti- proviso tuled " An Act to amend an act of the eleventh year of AGAINST * J PORTIONMK the reign of King George the Second respecting the ap- of rent portionment of rents and periodical payments," or other wise. CHARGES. 0. IX. And it is hereby agreed and declared, that the said premises are hereby limited to the said [J mtoioca] , their TRUSTS OF TERM TO SE- CURE PIN executors, administrators, and assigns, for the said term of money, with TT . PROVISO for years, Upon trust, that they tlie said [bvu&tom] , and cesser. the survivor of them, and the executors or administrators of such survivor, shall, during the joint lives of the said [ fimband] and [wif ** \ , by and out of the rents and profits of the same premises, or by mortgage or demise thereof, or ofany part thereof, for all or any part of the same term, or by more than one or by all of tile ways and means afore- said, or by any other reasonable ways or means, lovy and raise the annual sum of £ , clear of all deductions *nnd ■ ■1^1-nmantr. i.rlmfnn^.nl^ a jj C j p & y ^q Same Qy eqUal quar- terly payments on the 25th day of March, the 24th day of June, the 29th day of September, and the 25th day of December in every year to the said ^_wifo^ , for her sole a-» %4- separate use^by way of pin money, exel us iv-e-fy ot the sa id [hus h n.nrT ]^ n.n il- nf hi s rlphts rnn h-nl^-Jnfprfprpnrp, ?nd engagements, and so as that tlie said [wife] shall not have power to deprive herself of |he benefit thereof by sale, mortgage, charge, or otherwisl, in the way of anticipation, and that her receipts only shall be offoctual diochargc3 for tho onmo, the first of such quarterly payments to be made on such of the said days of payment as shall happen next after the solemnization of the said intended marriage, if the said [wq/igj f- shall be then living; And also 4eyy-a«4-raise and retain, or pay accordingly, all such monies (if any) as shall be required to defray and satisfy the costs and ex- penses (if any) incurred in performing any of the trusts of the said term, or otherwise in relation thereto ; And shall permit the person or persons for the time being entitled in reversion immediately expectant upon the same term to the said premises therein comprised, to receive the 152 FORMS IN SETTLEMENTS. f trusts of surplus (if any) of the rents and profits of the same pre- mises ; P ftoviijE rT alvvai ' s, anjd it is hereby agreed and TERM TO SE CURE PIN lereinbefore declared of the ve been fully performed or money, with declared, that, when the trusts PROVISO FOR . , cesser. said term of years shall h; Proviso for satisfied, or become unnecess; ry or incapable of taking cesser. effect, the same term shall (subject and without prejudice to any disposition which shall have been made of the said premises comprised therein, or any part thereof, in pur- s uance of the tructo aforesaid) absolutely — eease=* and de - termine. trusts of X. And it is hereby agreed and declared, that the said premises are hereby limited to the said [hui>tlH)S] t their executors, administrators, and assigns, for the said CHARGE, WITH . proviso for term of years, Upon trust, that they the said ftww TERM TO SE- CURE JOINT URE RENT- CESSER. ta os] , and the survivor of them, and the executors or ad- ministrators of such survivor, shall permit the person or persons for the time being entitled in reversion immediately expectant on the same term, to receive the rents and profits of the same premises until default shall be made in pay- ment of the said yearly rent-charge of £ , or some part thereof, at the times and in manner hereinbefore appointed for the payment thereof; And if the said rent-charge, or any part thereof, shall at any time be unpaid for forty days after any of the times hereinbefore appointed for payment thereof, then and so often shall, by and out of the rents and profits of the same premises, or by mortgage or demise thereof, or of any part thereof, for all or any part of the same term, o r by man than one or by al^oi the ways and means aforesaid, or by any other reasonable ways or means, h*¥y, raise, and pay the said yearly rent-charge of £ , and all arrears thereof then due, or which shall afterwards, during their or his continuance in possession, accrue of the same, and all costs, damages, and expenses which the said [^'■fW^f t ' i Vy], llfT eXfiCUiOIgj •iflmniintrnrniTj nr aSSBgttS, r>r f ^ p s aid [trtt.st r v&\ t ui I'illnM ufllinu, lli r h , ui cilhi ' i uf lli e ii ■ <» *€— outoro or ndiiw i i ii ;U;Uoir . , or any of t hciB) nhall bo put unto vucv&ct I**/ ^> v ro . ~n . on of the non-payment thereof, or the recovering or obtaining payment thereof oi otherwise relating thereto, and REAL ESTATE. 153 TRUSTS OK TERM TO SE- CURE JOINT- URE RENT- CHARGE, WITH PROVISO FOR CESSER. shall pay the surplus (if any) of the monies to he raised as aforesaid to the person or persons for the time being enti- tled in reversion immediately expectant, on the same term to the said premises therein comprised, And, subject to the trusts hereinbefore declared, shall permit the rents and profits of the same premises, or such part or parts thereof as shall not for the time being be wanted for the purposes aforesaid, to be received by the person or persons for the time being entitled in reversion immediately expectant upon the same term to the said premises therein comprised; Pn n TT nn n u n yi ^j and i t lV her eby agr^nrl mid dnnlrirod j Proviso for that, when the trusts hereinbefore declared of the said term cesser - of years shall have been I fully performed or satisfied, or become unnecessary, or incapable of taking effect, the same term shall (subject and without prejudice to any dis- position which shall have be*n made of the said premises comprised therein, or any part thereof, in pursuance of the tr uotc aforosaid) abjululul) cJasc and determine . XI. And it is hereby agreed and delared, that the said premises are hereby limited to the said [h mlewf\, their executors, administrators, and assigns, for the said term of years, Upon trust, that if there shall be any child or children of the said intended marriage, who being a son or sons shall attain the age of twenty-one years, or being a daughter or daughters shall attain that age or marry, (other than or besides the first or only son, or any other son or sons who, before his or their respectively attaining the age of twenty-one years, shall become entitled under- or b y vi r- tue tr f these presents to the said premises for the first estate in tail male), then and in such case the said [ tmofoos], or the survivor of them, or the executors or administrators of such survivor, shall, after the decease of the said [-fittker, 4snan^f9^4^\, or in his lifetime with his consent in writ- ing, by mortgaging, selling, or otherwise disposing of the said premises or any of them for all or any part of the same term, or b^-a*%4- out of the rents and profits of the same premises, or any of them, o r-by mor e -thau on e or by al^of the ways and means aforesaid, or by any other reasonable TRUSTS OF A TERM FOR RAISING POR- TIONS FOR YOUNGER CHILDREN. 154 FORMS IN SETTLEMENTS. TRUSTS OF A TERM FOR RAISING POR- TIONS FOR YOUNGER CHILDREN. try' +v^ ways or means, k vy and raise, for the portion or portions of such child or children as aforesaid, (other than or besides a first or only or other son or sons so for the time being en- titled as aforesaid), such sum of money as is hereafter men- tioned, (that is to say), If there shall be but one such child as aforesaid, (other than or besides as aforesaid), the sum of £ , to be paid to such child being a son at his age of twenty-one years, and being a daughter at her age of twenty-one years or day of marriage, which shall first happen, if the same shall happen after the death of the said [tenant 'ft? life], and, if the same shall happen in his life, then immediately after his death ; And if there shall be two such children as aforesaid, (other than or besides as aforesaid), and no more then the sum of £ , and if there shall be three such children as aforesaid, (other than or besides as aforesaid), and no more then the sum of £ , and if there shall be four or more such children as aforesaid, (other than or besides as aforesaid), then the sum of £ , the said sum of £ , £ , or £ , Hotchpot clau . as the event may happen, to be paid or divided toj botwcoii) ■**-among the children respectively entitled thereto, or any one or more, exclusively of the others or other of them, in such ptu'to and shares, if more than one, and to be subject to such trusts, powers., provisions, conditiono, rootricti o no f and trusts over, for the benefit of all or any one or more of such children as the said foomtni for life] shall, by any deed t>i» doud a; with or without power of revocation and new ap- pointment, or by will or codicil, appoint; And, in default of such appointment, and- '- ao far aa no ouch appointmen t nliall extend , to be divided between op among the child- ren entitled thereto respectively in equal shares, to be paid to them respectively, being a son or sons at hia o & their age mi- nrpwrtivr ages of twenty-one years, and being a 11 ii i i W\ tit . . daughter or daughters at nor or t ita n.' age or rocpootiv e a gefl el twunty onu year.*, or day o r ruspeTlivu — drtys— of- ni.irriage, which shall first happen, if the same rcopootivoly shall lumpen ;if'ter the death of the said [ tenant for lif t] , but ifll Tu'iidnn i im,|ju.L i u l y ■■ lui l I happen during lii.v lif e r - then immediately after his death. PROVIDED always, REAL ESTATE. 155 and it is hereby agreed and declared, that, in default of any such appointment as aforesaid to the contrary, no child taking any part of the said sum of £ , £ , or £ , as the case may be, under oi' by virtuo ' of any ap- TRUSTS OF A TERM FOR RAISING POR- TIONS FOR YOUNGER CHILDREN. pointment in pursuance of the aforesaid power for that purpose^ shall have or be entitled to any further or other share of ev m t hat part of the same sum of which no d i i'o e tion or appointment shall be made without bringing mo or k®*-appointed share into hotchpot, and accounting for the same accordingly. And upon further trust, that they the said \4rmtooo]; and the survivor of them, and the exe- cutors or administrators of such survivor, shall, after the death of the said [tenant for life], by and out of the rents and profits of the said premises comprised in the said term of years, or any part thereof, levy and raise, for the maintenance or education of - every or any^ child af - tho caid - intended marriage for the time being entitled in ex- pectancy to a portion under the trusts ncrcinboforo doolarod in the meantime, and until hio or hei* portion shall become payable, such yearly sum or numo ef - money, not exceeding what the interest of the them expectant portion of such child would amount to - after , the rate of £4 foi 1 £ 1 00 by taa ^r and to be paid to such person or persons, and applied for such maintenance and education in all rocpect s in such manner as the said [tenant for tifo] shall by -any deed o r cleodo) with or without power of revocation and new appointment, or by will or codicil, appoint ; and, in de- f 1, jttX^A ^^LU: vtVyt* AiUfificl J+ -rt-L**l . fault ot^such appomtment/afteh- fi o far as no aucn appoint — rawnt shall extend, such yearly sum or sums of money as the said [ fomfct?.?} , or the survivor of them, or the exe- cutors or administrators of such survivor, shall for that purpose deem atrfrfcien-t ancV proper, not amount o£-»u life] during his life shall think fit, and after his decease as the said [tim* iem], or the survivor of them, or the executors or admin- istrators of such survivor, shall in their or his discretion think fit. Provided always, and it is hereby agreed and declared, that every sum of money which shall be levied or raised for t ho ■ advancement) proformont^ or benefit of any audi son as, aforesaid shall be e u ii b id u i u d and takl'U tubtrift- part of the portion provided for such son under the trusts aforesaid, either in the event of his becoming entitled to a portion under the same trusts, or in the case provided for in the proviso next hereinafter contained, but shall not be omiuidc r ed or taken into account as part of the sum raisable for ap-f* n t ,iui i o r portions under the trusts aforesaid, in the event of such son not becoming entitled to a portion under the same trusts, except in the ease provided for in the pro- viso next hereinafter contained. Provided always, that REAL ESTATE. 157 [the 'inuximuifir] shall be 3 trustsJ uoroinboforo doolarod ; TRUSTS OF A TliRM FOR RAISING POR- TIONS FOR YOUNGER CHILDREN. no more than the sum of £- raisable for portions under the trustsJ and for the advancement, prefenncnt, or benefit of sons under the power / Joi ' that purpose hereinbefor e contained , so that if, by reason of any sum or sums having been raised * J ° event not to be for the advancement, preferment, or benefit of any son or taken, sons, but for this present proviso, more than the sum of £ [ the maximum] would have been raisable for por- tions, and for the advancement, preferment, or benefit of such son or sons, so much of the sum raisable for such por- tions as shall form the excess shall absolutely sink into the estate and not be raised. Provided also, and it is hereby p 0W er for the agreed and declared, that it shall be lawful for the said tenant f or lj fe r tj? -ii iiTi • -i*° re( r uire tnat [te nant fop iifo]i b y any deed oi 1 deeds, to require the said portions shall [tr tteteee], or the survivor of them, or the executors or ad- }. e f [? lsed ln bls L -" ' lifetime. ministrators of such survivor, immediately or at any other m time or times, to levy and raise^by the ways and meahs hereinbefore m that behalf provided, the whole or any part or parto of the portion or portiono to which, by appoint- ment or otherwise, any child or ohildron of the said in- tended marriage shall for the time being be entitled for a vested interest or vcated intoroot s , and to pay such portion nr pnrtifinsj or the part or parts thereof required to be levied and raised as aforesaid, to the child or children en- titled thereto, or - to an}- person or persons -cl aiming through , s uch - request being mad e j the paid trustees ui tiuslee for the t im e b e ing of the 3aid term of ycar - 3 3hall in all r espects comply thorowith , and any such deed -e r deeds- shall, if there shall be two or more children of the said intended marriage, (other than or besides a first or only or other son or sons so entitled as aforesaid), and if it shall in other respects be necessary, operate as an execution e ^-execut i ons of the said power of appointment between o#-a«ft©»g such children here- inbefore given fo-t-he-said \t e na nt-for-lifo ] . Provided also, and it is hereby agreed and declared be4*v^#»^»duhy^tke-pa*- ttefr^fe^th ese- presen ts^ that, in case of the said [ tenant f o r Mfe] so as aforesaid requiring the whole or any part or parts of any portion -e^ port ions to be raised, the said [twtfite.r.s], or the survivor of them, or the executors or administrators Uot 158 FORMS IN SETTLEMENTS. TRUSTS OF A. TERM FOR RAISING POR- TIONS FOR YOUNGER CHILDREN. Power for the trustees to limit a term to take effect during the life of the tenant for life, to secure por- tions raised in his lifetime. Surplus rents to be taken by the reversioner. Proviso for of such survivor, or their-m-his assigns, may - and shall, in e as e they or ho sha ll think fit, instead of actually levying and raising the same, assign or demise the said premises,-or- airy uf ilium, or any part op parte t hereof, to the person or persons to whom the same shall be directed to be paid, o r as ho r ehoj or thoy shall . direct, by way of mortgage for securing the sum or sums required to be raised, with interest for the same at such rate as shall be in such assignment or demise in that behalf specified. Pro- vided always, and it is hereby agreed and declared, that, if it shall be desired, during the lifetime of the said \ towant fa? life] , to raise any wmm or siim^i o£money, under the trusts jioroinboforo deolarcd, of the - said t o rm o f yoaroy by mortgage or sale of all or any part of the said premises comprised in the -sft&reterm, then, - and in cvory - such case, the said trustees or trustee for the time being of the same term may, by any deed, li mit o* appoint the pre- mises which shall be so mortgaged or sold to the person or persons to whom the same shall be so mortgaged or sold, under the trusts of the -sfer term e£ y oa - ro , for -the- ry term of ninotynmo years, t o euniin u nn j from the execu tion o f the deed by which thio prooont power shall b o oKoroio e d, -.. if the said [lonaiit fur fifo] shall so long live, without im- peachment of waste, but so that, in case of a mortgage, the term so to be i^™^^ ^ appointed shall be made to ooaco es-JUe-redeemable, on payment of the principal money to be secured, and the interest thereof, at the time ui limn 3 antl in manner to be thereby^ appomtod for the payment of the- samo rocpootivoly . Provided always, and it is hereby agreed and declared, that, subject mid without prejudice to A 'the 'trusts hereinbefore declared, the rents and profits of the said premises comprised in the said term of years, or no much of th e &ainii Hints ' and pTOfits - aa ahall from tim e to tim e- romain aftor answering t he truato aforcaaid, - shall be received by the person or persons for the time being entitled to the same premises in reversion expectant upon the same term. Pih j vidhd — alvvais, and it is htuuby agreed and declared, that, Immediately after all the trusts hereinbefore declared of the said term of years shall base Immi fully pe r fo r med and i mlisl'u d, ui .shall hnvo be- — , REAL ESTATE. 159 come unnecessary, or incapablfe of taking effect, and the said [trustees'], and all future trustees, if any, of the same term, and each of them, their ai d each of their executors, administrators, and assigns, sh ill have been fully reim- bursed and satisfied all costs aid expenses (if any) to be occasioned by or relating to th e trusts hereby reposed in them or him as aforesaid, (ar. d which they and he are hereby authorised and empowe or any of the ways or means reasonable ways or means, and said term of years shall (subject and without preju- dice to any disposition or dispositions which shall have been made of the premises comprised therein, or any of them j in pnrnnnnrr nf thr trnst'j pfm-pgm'rn nhsnlntply ^g» and deleiuiine. ed to levy and raise by all aforesaid, or by any other to retain accordingly), the TRUSTS OF A TERM FOR RAISING POR- TIONS FOR YOUNGER CHILDREN. AS TO THE RECEIPT AND APPLICATION OF RENTS DURING MI- NORITIES. XII. Provided always, and it is hereby agreed and declaration declared, that, if any son of the said intended marriage who would (if this present proviso had not been herein inserted) for the time being be entitled to the possession or receipt of the rents and profits of the said hereditaments and pre- mises hereinbefore expressed to be granted [o r appo int e d as the cas e ma y be ], shall be under the age of twenty-one years, then and-in-suel i ca se, and so often as the same shall happen, the said [•tomatoes] , and the survivor of them, and the executors or administrators of such survivor, shall enter into the possession or receipt of the rents and profits of the same hereditaments and premises, and shall, during the minority of such son, continue such possession or receipt of rents and profits, and manage or superintend the management of the same hereditaments and premises, with full power to fell timber or cut underwood from time to time in the usual course for sale or otherwise^ and to erect, pulf down, and repair houses and other buildings and erections, and to drain or otherwise improve all or any of the said hereditaments and premises, and to insure houses, buildings, or other property against loss or damage by fire, and to make allowances to and arrangements with tenants and others, and to accept surrenders of leases or tenancies, and generally to deal with the premises as they or he might do if they or he were the 160 FORMS IN SETTLEMENTS. DECLARATION AS TO THE RECEIPT AND APPLICATION OF RENTS DURING MI- NORITIES. absolute owners thereof; And shall from time to time, during such minority, by and -out of the rents and profits of the said hereditaments and premises, (including the pro- duce of the sale of timber and underwood), pay and dis- charge the expenses incurred in e i* about such manage- ment, or in the exercise of any of the powers aforesaid, or otherwise in respect of the premises, and all outgoings not payable by any tenant or other person, and keep down any annual sum or sums of money which may for the time being be charged upon the same premises, or any part thereof, and the interest of any principal sum i**» uunu of money which — may be charged, by way of mortgage or o therwise , upon the same premises or any part thereof, and apply any annual sum or oumo of money which they or he shall think proper, according to the age of such minor, in or towards the maintenance or education of such minor, And invest the residue of such rents and profits, in their or his names or name, in or upon any of the parlia- mentary stocks or public funds of Great Britain, or at interest upon government or real securities in England, Wales, or Ireland, to be from time to time altered or va- ried as to them or him shall seem meet, And accumulate the dividondoj in tor cot, and annual produce of the said atocliE, funds?, and DoouriUoo, in the way of compound in- terest, by investing the same and all resulting income and pi ' oduco thereof from time to time ; And shall stand a**4- W possessed of, und interested in the said rents and profits, and the said original and accumulated stocks, funds, ami aoouritiosj and the dividondo, inter - cat, and annual p yotktce thereof, upon the trusts following, (that is to say), If the son during whose minority the said rents and profits shall have been accumulated as aforesaid shall attain the age of twenty-one years, or shall die under that age, leaving issue entitled or inheritable under the limitations hereinbefore contained, Then upon trust to pay, -transfer, or assign the Hmm; to such son, his executors or administrators, as his per- sonal estate, But, if such son shall die under the age of twenty- one years, without leaving issue entitled or inheritable under the limitations hereinbefore contained, Then upon and for (lie (rusts, intents, and purposes, and with, under, and sub- REAL ESTATE. 161 ject to the powers, provis&es, and" declarations hereinafter declared and . contained of and concerning the monies to arise from a sale in purauanoc « fd :he power of sale herein- after contained, and the ctookc, funded ond aecuritica, in or t VK-Kff^/tf.1.\li^iy^fA /t^/vt-g'-*-f 41 4lVKg^ „ I'll «p(5w which ^uch monies ^e~nere inflnpr--rmt hn ri''' i 'l t" hp i«¥#s#ed7 and the chvidcnds, intcreat, and annual produce - thereof. DECLARATION AS TO THE RECEIPT AND APPLICATION OF RENTS DURING MI- NORITIES. MINORITIES. XIII. Provided always, and it is hereby agreed and power to declared, that it shall be lawful for the said [ trust eo e ] , and ™ l D ™ K R the survivor of them, and the executors or administrators mines during of such survivor, from time to time during such minority, to fell and cut down any timber, or timber-like trees, or pol- lards, which are or shall be upon any part of the said lands, hereditaments, and premises hereinbefore expressed to be granted [^reap po i nted , & c, a s t he case may b e] , and which shall be at their full growth and height of improvement, or in a state of decay, or which ought to be cut down for the improvement of other timber, or for promoting the growth of the plantations in which the same may be standing, and also to thin plantations, and to sell and dispose of such timber, or timber-like trees, pollards, and thinnings, And to work or join in working any mines or quarries of any description whatsoever in, upon, or under the said lands, hereditaments, and premises, or any part thereof; And that the said [trustee*], and the survivor of them, and the executors or administrators of such survivor, shall stand and be possessed of and interested in the money to be produced by every such sale, and by such working of mines and quarries, upon and for the trusts, intents, and purposes, and with, under, and subject to the powers, provisoes, agreements, and declarations, upon, for, with, under, and subject to which the same would have been held, under and by virtue of these presents, if, as to the money pro- duced by such sale as aforesaid, the same had been rents and profits which had become due at the time of such timber, or timber-like trees, or pollards, being cut down or felled, or such thinnings being made, and, as to the money produced by such working of mines and quarries as afore- said, the same had— been rents and profits which had be- at 162 FORMS IN SETTLEMENTS. MINORITIES. power to come due at the time when the ore, metal, or mineral jll timber 0D t amec [ k, v g^^ working was severed from the freehold : IND WORE J ° mines during Provided always, and it is hereby agreed and declared, that it shall be lawful for the said trustees or trustee for the time being, at any time or times when occasion shall so require during every or any such minority as afore- said, to fell or cause to be felled such timber or timber- like trees from off any of the lands hereinbefore expressed to be granted [ b < » app o in t ed, &c, m the case mat/ be] , as shall from time to time be wanted for building or perma- nently repairing or improving all or any of the messuages, farm-houses, outhouses, edifices, or buildings, now or here- after, upon all or any of the said lands and hereditaments, in order that such timber or timber-like trees may be accordingly used for such buildings and permanent repairs or improvements, or to fell timber and sell the same, and purchase timber more appropriate for the purposes aforesaid. ft. jointuring. power of XIV. Provided always, and it is hereby agreed and declared, that, if the said [w»/o] shall die in the lifetime of the said \4tusbun\F\, it shall be lawful for the said \_hus * J t ttmll . at any time or timeo, either before or after his. mar- /V . . , ' - JLTvirV cUaCc cr i-yit* outvie nage with any other woman, by a**y- deed ui duuA, uilh or without power of rcvocatiun and new appointment) or by will or codicil, to - gran t ; limit, or appoint to any woman with whom he may so marry, for her life, or for any less period, any yearly rent-charge or yearly rent-charges, not exceeding in the whole the yearly sum of £ , to be issuing and payable out of all or any of the said heredita- ments and premises hereinbefore expressed to be granted [a r appointed, &o i ) a& > the eirst mat/ bo], to be free from all deductions, and to be paid at such times . and in such manner as te> him the said [h nsbmaf ] shall acorn meet, and to I i n) it us appoint to such woman usual powers and reme- dies for recovering and enforcing payment of the said yearly rent-charge or yearly rent-charges respectively by distress and entry upon, and detention of the possession and p> j tip lion of the rents and profits of the premises charged therewith as aforesaid, And also to limit and ap- REAL ESTATE. 163 point the premises so charged as aforesaid to any person «*- tower op pc r oono; for any term of years, wiLh-ar without impeachment JOTNTURING ' of waste, to take effect at any time after the decease of the said [husband ^, upon such usual trusts for better securing the payment of the same yearly rent-charge or yearly rent-, charges respectively, as to him the said [hm h midi] shall se em moot) but oo that auch torm of ycara bo mado ' to cease CHARGE POR- TIONS. (subject and without prejudice to any disposition or dis- positions which may be made i nder the trusts to be de- clared thereof as aforesaid) on the death of the woman for the benefit of whom the same shall be created, and the payment of the arrears (if any) If her rent-charge or rent- if a w r - tho oiipcnECD ' (if any) to be incurred by the ^ non - payment thereof; And it is hereby declared, that the said power of jointuring hereinbefore contained maybe ex- ercised as often as the said [ husband] s hall marry. XV. Provided always, and it is hereby agreed and power to declared, that, if the said [ w » /c ] shall die in the lifetime of the said [ husband] , it shall be lawful for the said [hus - band], at any time or times, - either before or after his mar- ' *. riage with any other woman, by - any- deed or deeds, with - og-withottk p o we ¥-ef=-¥eT OCaTiorr and new a p p o intm ent, or by will or codicil, (but subject and without prejudice to the said term of years, and the trusts thereof (a)), to charge all or any part of the said hereditaments and pre- mises hereinbefore expressed to be granted [W appointed, Setr^ as~ihe cas e may be], with the payment of any sw«%-e¥ - mtm s -of money not exceeding in the different events herein- after specified the different sums hereinafter mentioned-a&- -and for the portion or portions of the child or children, or any one or more exclusively of the other or others of the children of the said [husband] by any after-taken wife; (that is to say), If there shall be but one such child the sum of £ , and if there shall be two such children, (a) The term referred to is in most cases the term for raising portions for the younger children of the marriage immediately con- templated. M 2 164 FORMS IN SETTLEMENTS. power to and no more, the sum of £ , and if there shall be CHA tioxs POR ~ three such children, and no more, the sum of £ , an d if there shall be four or more such children the sum of £ , to be an interest vested, or intoroota vcatcd in, and to be payable an el- divisible nnto o* between « v among such child or children, or any one or more exclusively of the other or others of such children, at such age, e ky> or time, o r ■ rcopc e tivo agco, dayo, or timeo, in such manner, and, if more than one, in such shares, and to be subject to such powers of appointment by the said [husband] , or any other person or poroono, and to such provisions for the advance- ment or preferment of any such son or sons at the discre- tion of any trustee or trustees, or otherwise, and to such other powers and provisions for the benefit of such child or children, or some or one of them, as the said [husband] shall in manner aforesaid direct; And by the same or any other deed or deeds, or by will or codicil, (but subject and without prejudice as aforesaid), to charge the premises in- tended to be charged with such portion or portions re- spectively with the payment of any annual sum o r omnia of money, not exceeding the interest of the swm or oumo of money so to be charged for a portion or portions, af t ci^ the rate of £4.< per cent, per annum, to be applied for the maintenance and education of the child or children for whom the portion or portions to be charged as aforesaid shall be intended, in tin meantime; until such portion er portions shall become payable, the said annual sum -er- Sjubm " f money to be clear of all deductions, and to com- mence from such period or periods, and to be raised and paid in such proportions, and at such times, and to be ap- plied for the purposes aforesaid, at the discretion of such person or persons and in such manner as the said [h i ts - h t r nd] shall, by any such deed, or will, or codicil as afore- said, direct; And by the same or any other deed or deeds, or by will or codicil, (but subject and without pre- judice as aforesaid), to limit and, appoint the hereditaments .Mid premises so intended to be charged as aforesaid to any person at pwwaag, for any term or tonne of years, with or without impeachment of waste, upon usual trusts, by mort- gage or otherwise, to raise the principal monoy and annual REAL ESTATE. 165 s um ov sums so to be charged as aforesaid, and the costs and expenses (if any) to be incurred in or about the execu- tion of the trusts thereof :- Pt e ovid . ed always, and it is hereby agreed and declared, that- it shall bo lawful for tho said \_hu.$bund~] tu lauujo- the aforesaid power of charging with portions, and with annual sums for maintenance and education, fa y ohaixriMg . in favour of any child or children by a/?rr* £t tie U jflZP^Afiiear^^ J J any woman with' whom he ma}r intermarry; th e whole -or «wny p n vt r>f f ir , - pm^np r» r pnrti^un, aad nnnnnl sum or surrrs~~:foi' mahitena uiL and education, which he io horoin ' befere-cmtrr oriacd to chargc r in exclusion of his .child or. children by any subsequent marriage; but it is hereby also- dvelarcdj that snrh chnrg O j in favour of such child of children of anynmch woman cxcluoivoty, shall not preclude the 3aid ■ [k % iebatid~\ from cxoroioingl the same power at any subse- quent time or times7 ao- qo to oh a rge . the said hereditaments and premises, n " any p ovt thtttao^ adtb any S1irn nr sums nf monoy for tho portion or portions of an}r child or chil rl reli- e f him tho u aid [hut>bund] by-an after taken wife or wives, ^A^fnot excee ding, together with the portion or portiono (if any) which ohall bucuint lulid — or payable under any prior ohargo or charges whioh ohall have been made by him ao afuiL-iuid, the amount -^f tho whole sum whioh ho io herein- POWKR TO CHARGE POR- TIONS. Proviso that power may be exercised in favour of the children of one subsequent marriage ex- clusively. before,authqrised to charge, according to the number of his childrerTby any woman or women with whom he may inter- marry after the decease of the said [wa/b], and with any fi nnu a l MBM nr.S1 1TT1g f ^ v t^ n Tyinintrmnm ■ '""1 '"In 'i irrif rmnli nViil rl nv nl-iil i .1i i n n^ ■. n t; m-nnorling tlm iiitnrnrtj nftmi tin n rate aforcaaid, of &uih puil'rot* or portions . ^^fmroaot*?* fie < vest/ \i: POWER OF LEASING FOR TWENTY-ONE YEARS. XVI. Provided always, and it is hereby agreed and declared, that it shall be lawful for the said [ husband] , dur- ing his life, and, after his death, for the said \ irmtew\ , and the survivor of them, and the executors or administrators of such survivor, during the minority of any son of the said intended marriage, who, if of full age, would for the time being be entitled to the possession or the receipt of the rents and profits of the said hereditaments and premises hereinbefore expressed to be granted [o> dppuinU.d, All., m Mo cave may be], or any part thereof, from time to time, or tt*p<£~ -+istJeA£,c +■' s4siCl+mcx£e£w J tJ&CL*'y&<*-0w/' 166 FORMS IN SETTLEMENTS. POWER OF LEASING FOR TWENTY-ONE YEARS. at any time, by deed, to appoint, by way of lease, all or any of the said hereditaments and premises for any term of years not exceeding twenty-one years, to take effect in possession, so as there be reserved on every such appointment the best yearly rent or rents, to be incident to the immediate rever- sion, that can be reasonably gotten, without taking anything in the nature of a fine, premium, or foregift, and so as there be contained in every such appointment a condition of re- entry for non-payment within a reasonable time, to be therein specified, of the rent or rents thereby reserved, and so as the appointee or appointees do execute a counterpart thereof, and do thereby covenant for the due payment of the rent or rents thereby reserved, and be not made dis- punishable for waste. POWER TO GRANT BUILD- ING LEASES. XVII. Provided always, and it is hereby agreed and declared, that it shall be lawful for the said ymsbandi] , during his life, and, after his decease, for the said [true > - tees^y and the survivor of them, and the executors or ad- ministrators of such survivor, during the minority of any son of the said intended marriage, who, if of full age, would for the time being be entitled to the possession or the re- ceipt of the rents and profits of the said hereditaments and premises hereinbefore expressed to be granted [er— ap- •pei«4ed7~&cT7~"7re-"£fce— case may b e\^ or any part thereof, from time to time, or at any time, by deed, to appoint, by way of lease, any part of the said hereditaments and pre- mises to any person or persons who shall improve the same by erecting or building thereon any new house, erection, or building, or by rebuilding, repairing, enlarging, or improv- ing any house, erection, or building for the time being standing on the same hereditaments and premises, or any part thereof, or shall covenant or agree so to do within two years next after the date of such appointment, for any term of years not exceeding ninety-nine years, to take effect in possession, so as there be reserved, on every such appoint- ment, the best yearly rent or rents, to be incident to the immediate reversion, that can be reasonably gotten, without faking anything in the nature of a fine, premium, or fore- gift, and so as there be contained in every such appoint- REAL ESTATE. 167 GRANT BUILD- ING LEASES. ment a condition of re-entry for non-payment within a rea- power to sonable time, to be therein specified, of the rent or rents thereby reserved, and so as the appointee or appointees do execute a counterpart thereof, and do thereby covenant for the due payment of the rent or rents thereby reserved: Provided always, that a peppercorn rent, or any smaller rent than the rent to be ultimately made payable, may be reserved and made payable during all or any part of the first five years of any such term as last aforesaid. GRANT MINING LEASES. XVIII. Provided always, and it is hereby agreed and power to declared, that it shall be lawful for the said [Jwisbmid], dur- ing his life, and, after his decease, for the said [trust em\ , and the survivor of them, and the executors or administra- tors of such survivor, during the minority of any son of the said intended marriage, who, if of full age, would for the time being be entitled to the possession or the receipt of the rents and profits of the said hereditaments and premises hereinbefore expressed to be granted [or appoint ed^&e^a^ t he ca s e may be] , or any part thereof, from time to time, or at any time, by deed, to appoint, by way of lease, all or any of the mines, quarries, minerals, stones, and substances, in, under, or upon the said hereditaments and premises, or any of them, or any part thereof, either with or without any messuages, buildings, lands, or hereditaments convenient to be held with the same respectively, and either with or with- out the surface of the lands in or under which the same, or any part thereof respectively, shall be, and whether the same have or have not been hitherto opened or worked, for any term of years not exceeding sixty years, to take effect in possession, together with all such liberties, licenses, powers, and privileges for searching for, working, getting, washing, smelting, rendering merchantable, and disposing of the said mines, quarries, minerals, stones, and substances, as to the person or persons for the time being exercising this present power shall seem expedient, so as there be reserved on every such appointment the best rent or rents, tolls, duties, royalties, or reservations by the acre, the ton, or otherwise, and to be incident to the immediate reversion, that can be reasonably gotten, without taking anything in the nature of a fine, premium, or foregift, and so as there be 168 FORMS IN SETTLEMENTS. power to contained in every such appointment a condition of re-entry leases. ING f° r non-payment or non-delivery within a reasonable time, to be therein specified, of the rent or rents, tolls, duties, royalties, or reservations thereby reserved, and so as the appointee or appointees do execute a counterpart thereof, and do thereby covenant for the due payment or delivery of the rent or rents, tolls, duties, royalties, or reservations thereby reserved : Provided always, that the reserva- tion of rents, tolls, duties, or royalties, the amount of which shall vary with, or according to, the acreage worked, or the '7? tls^u-io/ fiwvr minerals, stones, or substances gotten, shall not be taken to ^ / J^ciAiv^a . be in the nature of a fine, premium, or foregift, though the effect of such reservation may eventually be disadvan- tageous to the remainder-man. qs POWER OF EN- FRANCHISE- MENT. XIX. Provided always, and it is hereby agreed and declared, that it shall be lawful for the said -{trt tGte o s], and the survivor of them, and the executors or administrators of such survivor, during the life of the said ^t ena n t -fo p- iifo] , with his consent in writing, and, after his death, dur- ing the minority of any son of the said intended marriage, who, if of full age, would for the time being be entitled to the possession or the receipt of the rents and profits of the said premises hereinbefore expressed to be granted for^ap — p oi n ted, &c, as the caec mzty b e], or any part thereof, at the discretion of them the said [ t rustees ] ) or of the survivor of them, or of the executors or administrators of such sur- vivor, to enfranchise any messuages, lands, or tenements, holden of any manor for the time being subject to the then subsisting uses of these presents, with or without all or any of the commons, rights, liberties, or privileges appendant or appurtenant to, or held or enjoyed with such messuages, lands, or tenements, and for such consideration or consider- ations in money, either in gross or by way of rent, and with such reservations, exceptions, and restrictions (if any) as the said \_tomtem\ y or the survivor of them, or the execu- tors or administrators of such survivor, shall think reason- able, and thereupon, by any deed or deeds, absolutely to revoke and make void all or any of the uses, trusts, powers, and provisoes, which, under or by virtue of these presents, or of any exercise of the powers hereinbefore contained, of REAL ESTATE. 169 jointuring or charging portions, shall, for the time being, be subsisting or capable of taking effect in the freehold and inheritance of such messuages, lands, tenements, or pre- mises, (but subject and without prejudice to any mortgage or other disposition which may have been made under the trusts of any of the terms of years hereinbefore limited, or under the trusts of any terms of years to be limited, under the aforesaid powers of jointuring or charging portions, and to any lease or leases which may have been granted under any of the powers of leasing hereinbefore contained), and, by the same or any other deed or deeds, to limit and ap- point unto or to the use of the copyhold or customary tenant or tenants of such messuages, lands, or tenements, and his or their heirs, or otherwise as he or they shall direct, the freehold and inheritance of the same messuages, lands, or tenements, either with or without all or any of the commons, rights, liberties, and privileges aforesaid; And it is hereby agreed and declared, that all such yearly rents or annual payments, reservations, and privileges, (if any), as shall be reserved, granted, or made payable upon any enfranchise- ment under this present power, shall be so reserved, granted, or made payable, or settled, that the same shall, from time to time, and at all times thereafter, be had, received, taken, and enjoyed by the person or persons who, under the limitations hereinbefore contained, would for the time being have been entitled to the ancient accustomed pay- ments and privileges in respect of or over the copyhold or customary messuages, lands, or tenements so enfranchised, in case no such enfranchisement had been made (a). POWER OF ENFRANCHISE- MENT. XX. Provided also, and it is hereby agreed and de- clared, that it shall be lawful for the said [imetooe^ , and the survivor of them, and the executors or administrators of such survivor, during the life of the said \4 enant fo^ -Ufe^.. with his consent in writing, and, after his death, during the minority of any son of the said intended marriage, who, if of full age, would for the time being be entitled to POWER OF GRANTING LI- CENSES TO COPYHOLDERS. (a) The provisions for the receipt and application of the money to he received on an enfranchisement, are incorporated with those of the money received on a sale or exchange. See infra, p. 172. 170 FORMS IN SETTLEMENTS. power of the possession or the receipt of the rents and profits of censes to " tne sa ^°- manors an d premises hereinbefore expressed to copyholders. De granted fey - appointed, &i., as ike case may b e] , at the discretion of them the said [ trustees] , or of the survivor of them, or of the executors or administrators of such survivor, to grant to any copyhold or customary tenant or tenants of any messuages, lands, or tenements, holden of any manors for the time being, subject to the then subsisting uses of these presents, a license or licenses, in writing, to build on or otherwise improve all or any part of his or their respective tenements, and to make roads and streets in, upon, or through the same, and to annex the same, or any part thereof, to adjacent ground for the purpose of improvement, and to pull down any of the mes- suages or erections which now are or hereafter shall be on his or their respective tenements, or any part thereof re- spectively, and to demise all or any part or parts of his or their respective tenements for any term or number of years not exceeding twenty-one years, (or for building, rebuild- ing, or repairing purposes, for any term or number of years not exceeding ninety-nine years), to commence from the respective times of granting such licenses, or for any one or more of the purposes aforesaid, And also to fix the sum which, during the term mentioned in such license, shall be considered as the annual value for assessing the fines pay- able to the lord upon admission of any new tenant to any tenement which shall have been built on or improved, or for the building on and improving of which such license shall be or shall have been granted, so that the sum to be fixed shall not be less than the best annual rent which might, at the date of such license, be reasonably obtained on a demise of the premises therein mentioned, for such term as shall be mentioned in such license : Provided always, that no line, premium, or foregift shall be taken for the making or granting any such license, except the customary annual fine (if any) for every year of the term, to be expressed in such license, and such fees as shall be usual or reasonable in that behalf, and that upon the grant of every such license there shall be saved and reserved to I lie lord of the manor all lines, hcriots, rents, customs, and services due, and to grow due, in respect of the tenement REAL ESTATE. 171 PARTITION. in respect of which such license shall be granted, and that power of every such license shall be entered on the court rolls or ^enIes 6 ™' court books of the manor. copyholders. XXI. Provided always, and it is hereby agreed and _ P0 ^ ER OF declared, that it shall be lawful for the said [ t rustees] , and the survivor of them, and the executors or administrators of such survivor, during the life of the said - ^tenant for &fe\; with his consent in writing, and, after his decease, during the minority of any son of the said intended mar- riage, who, if of full age, would for the time being be entitled to the possession or the receipt of the rents and profits of the said premises hereinbefore expressed to be granted [or^apporTT tedy &c, as the- case -may be] , at the discretion of them the said [trttstew] , or the survivor of them, or the executors or administrators of such survivor, to concur with the person or persons for the time being seised of or entitled to any undivided share or shares of and in any hereditaments of which an undivided share or shares is or are hereinbefore expressed to be granted [o^appoieted^ &CT, gy thc ^eas& jmay be] , in making a par- tition of the same hereditaments, or any part thereof, and of the appurtenances, and to give or receive any money for equality of partition, and, for the purpose of effectu- ating such partition by any deed or deeds, absolutely to revoke and make void all or any of the uses, trusts, powers, and provisoes hereinbefore limited and declared, or to be limited and declared under the powers hereinbefore con- tained, of jointuring or charging portions of or concerning the undivided share or shares hereinbefore expressed to be granted [&y-appointed 7 ^&e Tr ^-«»-- ^ e case may b & ] , of the hereditaments of which it shall be intended to make par- tition, and of the appurtenances, (but subject and without prejudice to any mortgage or other disposition which may have been made under the trusts of any of the terms of years hereinbefore limited, or under the trusts of any term of years to be limited under the aforesaid powers of joint- uring or charging portions, and to any lease or leases which may have been granted under any of the powers of leasing hereinbefore contained), and, by the same or any other deed or deeds, to limit, declare, direct, or appoint 172 FORMS IN SETTLEMENTS. POWER OF PARTITION. any use or uses, estate or estates, trust or trusts, of the same undivided share or shares which shall be thought ne- cessary or expedient to effectuate such partition (a). POWER OF SALE AND EXCHANGE. Mode of sale or exchange. Power to re- voke old and declare new uses ; to effectu- ate sales and exchanges. XXII. Provided always, and it is hereby agreed and declared, that it shall be lawful for the said [tiusluss] , and the survivor of them, and the executors or administrators of such survivor, during the life of the said \ to n ant"fov lifv\t with his consent in writing, and, after his death, during the minority of any son of the said intended mar- riage, who, if of full age, would for the time being be en- titled to the possession or the receipt of the rents and profits of the said premises hereinbefore expressed to be granted [w uppuintud, &c>, ae tho cae e may be] , or any part thereof, at the discretion of them the said [trus te es] , or of the survivor of them, or of the executors or admini- strators of such survivor, to sell or exchange for other ma- nors, lands, or hereditaments in England or Wales, all or any of the said premises horoinbo-foro eaepce&sed t o bs»grnn , tert [r~ n pp n ind i l^ f\ n } as the case mag fre j, and, upon any such exchange, to give or receive any money for equality of exchange* And ^ *c "^"v agreed p"^ d^lar^ tkat any such sale as aforesaid may be made either by public auction or private contract, and that the said [tntetcei] , and the survivor of them, and the executors or administrators of such survivor, shall have full power to insert any suoh spe- cial or other stipulations either as to title, or evidence of title, or otherwise, in any conditions of sale or contract for sale or exchange ef tho oaid promioorjj or any part thereof, -, as they or he shall think fit, and -te^buy iruor rescind any contract for sale of tho aarel — oamc promicoc, o r any park -- thuroof; and *#• re-sell tho onmc^ without b e ing rcoponoiblc f or any - looo whioh may- be occaoionod therebyr And it is iikreby agreed and declared, that, for effectuating any such sale or exchange, it shall be lawful for the said [t r ustee* ], and the survivor of them, and the executors or administra- tors of such survivor, with such consent or at such discre- N («) The provisions for the receipt and application of the money received on an equality of partitions, are incorporated with those relating to the money received in a sale or exchange. f >,,.«■'•.< .,,,,,<•,, r- /i VOUU ^' • '•'<*■•/ -y/i.>*vi»/;l -it'll i«- r/ / /f / U «t I ' fv . V REAL ESTATE. 173 tion as aforesaid, by-aay- deed or doodo) to revoke and m a lic power of - y^k l ■ all or any of the uses, trusts, powers, and provisoes exchange. hereinbefore limited and declared, or to be limited and de- clared under the powers hereinbefore contained, of jointur- ing or charging portions of or concerning the said premises, or any part or pax4o thereof, (but subject and without pre- judice to any mortgage or other disposition which may have been made under the trusts of any of the terms of years here- inbefore limited, or under the trusts of any term of years to be limited under the aforesaid powers of jointuring or charging portions, and to any lease or leases which may have been granted under any of the powers of leasing here- inbefore contained), and, by the same or any other deed-e^— .d cedEj ' to rimitj doolarof di r ect^ o r . appoint any use or uses, estate or estates, trust or trusts, of the said premises, or any part or parts thereof which shall be thought necessary or expedient to effectuate such sale or exchange. And it is Trusts of money hereby agreed and declared, that the said [tmetoas^ , and sales and ex ™ the survivor of them, and the executors or administrators changes. of such survivor, shall receive all monies which may become payable upon any such [e nfi i anehiaemont 5 partition (« ■ )] sale or exchange as aforesaid, and with all convenient speed l a }T out and invest the same in the purchase of other ma- nors, lands, or hereditaments in England or Wales, for an estate or estates of inheritance in fee simple, or of lands of a leasehold, or copyhold, or customary tenure, conve- nient to be held therewith, or with any hereditaments for the time being, subject to the subsisting uses or trusts of these presents, yet so as that, during the life of the said [ttmitii - for life]) every such purchase be made with his consent in writing. And it is hereby agreed and de- Directions to clared, that the said [fowfl/ggr], and the survivor of them, purc h ase d and and the heirs, executors, or administrators of such sur- taken in ex- vivor, shall settle and assure, or oauoo to bo oottlcd and asevirod) all such of the manors, lands, or hereditaments so to be purchased or taken [upon partition or (a)] in ex- (a) These words of course apply only where the settlement con- tains powers of enfranchisement and partition. /jvU? V-e i^,\ct ^tA4U£ Ufi], during his life, and, after his decease, at their or his own discretion, to apply any money to arise by any such sale /enfranchisement, partition J or exchange as aforesaid, in or towards paying ofT ot discharging any mort- gage, or other charge op incumbrance for the time being affecting all or any of the hereditaments then subject to the then subsisting uses or trusts of these presents, but without changing o f altering 1 the equities or obligations of the parties claiming Minder these presents', as to defraying the fines and expenses of such renewals of leases or grants as aforesaid. And it is hereby agreed and declared, that, until the money to arise by e very oi 1 any such sale [en- franchisement, partition] or exchange as aforesaid shall be disposed of as hereinbefore directed, it shall be lawful for the said [ t> nstvcsfc and the survivor of them, and the execu- tors or administrators of such survivor, with the consent of the said \ fommi fvi Ufi\, during his life, and, after his death, at fese-- discretion of- audi ti'U3tcc3 or tru c too for the time 1 b e ingr to place out such money, or any part thereof, in their or his names or name, in or upon any of the parliamentary stocks or public funds of Great Britain, or upon govern- ment or real securities in England, Wales, or Ireland, and to alter, vary, or transpose the said stocks, funds, and se- curities. And it is hereby agreed and declared, that the intrr"°tj iwwdendsj vi ■ ! mmtar] In of such stocks, funds, and securities, shall be paid and applied to such person or persons, for such i nten t a mi d- purposes, and in such manner as the rents and profits of the hereditaments to be purchased therewith as aforesaid would be payable or applicable, in case such purchase ov purchases and settlement as afore- said were then actually made: Provided always, and it is hereby agreed and declared, that the receipt or receipts in writing of the said [ti iwJtiw], or the survivor of them, or the executors or administrators of such survivor, or of the trustees or trustee for the time being, acting or entitled to act in the execution of the aforesaid powers of fenfran- REAL ESTATE. 177 chisement, pa winch may b( chisement, partitiont sale and exchange, for any may bocomc payrr b lo t ax , the [eniranchioomont i orJ purchaoo of any horoditomonta which may bo [enfranchised or] 3old undc r -thc aaid powers uf [mfranchiacmcnt oy] & alc, or for equality of [partition or] exchange 1 ) as - aforo - Uii'tn POWER OF SALE AND EXCHANGE. saxdj-ex—Zot. any money which may be advanced by any rtamed t&l raising mortgagee -upon any mortga be made under fcke- power hereinbefore coiV money by mortgage, or for any other money which m paid to the said [trustees] , or the survivor of thej executors or administrators of such survivor^under or by virtue of these presents, or in the execution of any of the trusts or powers hereof, shall effectually discharge the per- son or persons paying^jji^ifToney from the same, and from being bojindHtTsee to the application or being answerable fm^Hu mia-appliiatiuii ui ' nun a p plication thcrawfv Jf XXIII. To the use of the said [trmtccd], and their heirs, according to the custom or customs of the manor or manors of which the same respectively are holden, and at and under the rents, fines, heriots, suits, and services there- fore respectively due and of right accustomed, Upon and for such trusts, krtenfe fc and purposes, and ^wit h, under, and subject to such powers, provi aocO) and dcclaration o a s shall as nearly correspond with, and be similar to the uses, trusts, intents, purposes, powers, A provisoe») agr eemonto, and eio - c4a¥a4iefi#' hereinbefore limited and declared e f -and - con- cerning the said hereditaments and premises hereinbefore expressed to be granted [er-a^poiflt-e^^&tr;pas tKe COM tn,a. y he], as the different tenure and quality of the pre- mises, and the rules of law and equity, will permit, but not so as to increase or multiply charges. TRUSTS OF COPYHOLDS TO CORRESPOND WITH USES OF FREEHOLDS. XXIV. Upon trust that they the said [trustees], and the survivor of them, and the executors or admini- strators of such survivor, shall, by and out of the rents and profits of the same hereditaments and premises, pay the rents and annual sums reserved in and by the leases thereof respectively, and observe and perform the covenants, con- ditions, and agreements in the said leases respectively con- N TRUSTS OF LEASEHOLDS TO CORRE- SPOND WITH USES OF FREE- HOLDS. 178 FORMS IN SETTLEMENTS. ■USES OF FREE- HOLDS. trusts of tained, and on the part of the several lessees, or their re- leaseholds spective executors, administrators, or assigns, to be observed TO CORRE- , ' | , spoxd with and performed; And, subject thereto, shall hold the same premises upon and for such trustsj-mtmntfj and purposes, and with, under, and subject to such powers, provisoes, ijnrpp m0 nt^ nr.r) rinnL^nhnn^ as shall as nearly correspond with, and be similar to the uses, trusts, i ntent^ purposes, powers, provi scVcffingrccmontOi and declarations hereinbe- fore limited and declared of and concerning the said here- ditaments and premises hereinbefore expressed to be granted \ or appointed, ftc, as the caso niaff be] , as the different tenure and quality of the premises, and the rules of law and equity, will permit, but not so as to increase or multiply charges: And so, nevertheless, that such of the said lease- hold horoditamonto and premises as are held for a lease for years, shall not vest absolutely in any person hereby made tenant in tail [male] by purchase of the said hti'editamcnto -anti premises hereinbefore expressed to be granted £#*«- a ppointcd, &o l ; as tho cmc mat/ fcj , unless such person shall attain the age of twenty-one years, but, on his death under that age, shall go/devolve, twid luiuiii in the same man- ner as if they had been freeholds of inheritance, and in- cluded in the grant and limitations hereinbefore contained. O' toy-. LIVES OR YEARS. trusts for XXV. And it is hereby agreed and declared, that the ienewal of ii [imteteoe], and the survivor of them, and the heirs, exe- LEASES AND L -"'_ ' • Tl gran is for cutors, or administrators respectively of such survivor, shall, from time to time, as occasion shall require, in the ordinary course of renewal, use their and his best endeavours to obtain, on the accustomed reasonable terms, a renewed lease or leases, grant or grants, for lives or years, of such of the said leasehold or copyhold premises as are held for a lease or leases, grant or grants, for lives or years, ordinarily renewable, and shall from time to time make and do all such surrenders and other things as shall be expedient for obtaining such renewals; And that the fines and expenses of such renewals shall from time to time be defrayed by and out of the premises of which such renewals are to be obtained respectively, in sueli manner that the several per- sons beneficially entitled to the same under or by virtue of TRUSTEE CLAUSES. 179 these presents, shall contribute to such fines and expenses in the proportions in which, according to the rules of courts of equity, they would be bound to contribute. Provided always, and it is hereby agreed and declared, that it shall be lawful for the said \tvuoicc . / / J„ / to act as aforesaid? And that, upon every such appoint- ' , ment, all the^estates. moniost at e cka rf undft , an d securities (jf- a T** ' any (a)) then vcotcd in the tiustees or trustee fo r~ t he - thr re *jpjnr nrlmirngrrarnrp nf thn l-i r -.f nn i ^nvi'ng fe ruotoo of tho came reapectively, (aa tho caoo may bo) , shall be so conveyed, assigned, and transferred, that the same u& (a) The words " if any " apply to those cases in which the trustees may be merely donees of powers, and have no estates or property in them. I ittyiii 182 FOR TWO OR MORE SETS OF TRUSTEES. otf Trustees' in- demnity clause, FORMS IN SETTLEMENTS. r . / j / may be vested in the jui living ui continuing Liualci [or truDtoofi(a)] of tho oamc lLApmlivtlv, juinU y with smh'niw liujlte, [or ti'uotoc9 - («)], or in ouch ng^y UuMiee. o f-trustees oolcly, ao the case may I' tqiiiiu. * And^that every trustee so appointed as aforesaid may, either before or after the said trust premises (if any) shall have been so vested as aforesaid, act or assist in the execution of the trusts and powers in re- spect of which he shall be so appointed trustee, as fully and effectually, to all intents and purposes, as if he had been hereby constituted a trustee. Provided always, and it is hereby agreed and declared, that the several trustees for the time being of these presents shall be respectively chargeable only for such monies, stocks, funds, and secu- rities as they shall respectively actually receive, notwith- standing their signing any receipt for the sake of con- formity, and shall be answerable and accountable only for their own acts, receipts, neglects, and defaults, and not for those of each other, nor for any banker, broker, or other person with whom any trust monies or securities may be deposited, nor for the insufficiency or deficiency of any stocks, funds, or securities, nor for any other loss, unless the same shall happen through their own wilful de- fault respectively. And also, that it shall be lawful for the said several trustees for the time being to reimburse themselves respectively, or pay and discharge out of the trust premises all expenses incurred in or about the execu- tion of the trusts or powers of these presents. (a) These words will be omitted if there are only two trustees in each set. 183 CHAPTER IV. FORMS IN WILLS. 'W Sect. I. FORMS IN WILLS OF PERSONAL ESTATE (a). I. I give and devise all the man e yo, mc33uagc3, lands, general hereditaments, and real estate, of every tenure, of or to SALE. REAL ESTATE which I am) or at my death shall be, soiood or entitled at in trust for law or in equity^ or «■ which I have, or at my death shall rf av p , power -4©-disposeyby will, (except what I otherwise dispose of by this my will or any codicil hereto), Unto and to the use of \l) uifiu ^, their heirs, executors, and admi- nistrators respectively, according to the nature thereof re- spectively ; Upon trust that they the said [itwetoo s ^ ., or the survivors or survivor of them, or the ■ heii ' .s, executors, or administrators respectively of such survivor, shall, as soon as conveniently may be after my death, sell the same, either ontiroly and .al together or in parcels, and either by public auction or private contract, with power to buy m 'anato rescind any contract for sale of the oaid promiucj, ui tui^y part thereof, and to re-sell tfac oamo, without being answer- able for any loss which mny happen thoroby, and also with power to insert any special or other stipulations in any contract for or conditions of sale, either as to title or evi- dence of title, or otherwise, and with power to execute, make, and do all such conveyances, surrenders, assurances, and things, for effectuating any such sale as aforesaid, as may be necessary or expedient. ^4tf/ J goods v chattels, credits, and personal estate, of or ik trust for to which I amj or .at my death oholl be, poaoooood or c nti- CONVERSION. , -■ . , , ^ . . fl-lTl f ^4^/^)^ [truAfets '], their executors and administrators ; Upon trust r . xthat they the said \trm%ees\ , or the survivors or survivor of r them, or the executors or administrators of such survivor, r shall, as soon as conveniently may be after my death, call (cy and out ot the monies to arise Irom the sale ot the estate. ,5^ rea } estate hereinbefore devised in trust for sale, and from the calling in, sale, and conversion into money of such parts of the said personal estate hereinbefore bequeathed as shall not consist of money, and by and out of the ready money of which I shall be possessed at my death, pay my funeral and testamentary expenses and debts, and the legacies bequeathed by this my will or any codicil thereto, and shall invest the residue of the same. monies, in the names or name of them the said ttrusteesX^ or - tho our 6^/^ i\ h i ;on»* vivors or amviiui uf them, ui the ux i xutoro or admini s tr -a-- / / - fciu i of cuoh ourvivor, in or upon any of the parliamentary / stocks or public funds of Great Britain, or at interest upon government or real securities in England, Wales, or Ire- . 7 . y land us*- ), and that they orho uhall liave p o wer, from time t or - lim p or at any turn , to alt e r) vary, ov transpose, audi .stocks , ties into of [' < or ins discret fr mdn, oi .siiiiiitiLA into ov for othei'3 of the sam e or a 1 Hltu milim,. at their or Ins discretion. ju- i ron IV. In trust for all or such one or more exclusively of in) See a more ample power of investment, supra, p. 130. '\<,,<<< •r/', Cole ttt.r/ axryWJ. K>M>/Hn«< 6< /wfyunicf.Jc/** . ,. / , , ,,,,/ i ,,,,/ti «; ,,-,. » ih.-/t !,•■«" /U,i>h /iio/dtr <4.*>p( WaoU t{ t c t. -come *vwaa .•• '-•/ /^ iee**al ../"/< <<<<>•»£.<•( t fe <*/ys<™ PERSONAL ESTATE. 185 the others or other of my children li ving at my death , at testator's l j.* .l" j.- '£ *!,„,. CHILDREN AS such age or time, or respective ages or times, it more than WIFK BHAI>1 one in such shares, and with such future and executory or appoint, &c other trusts for the benefit of the said children, or some or one of them, with such provisions for their maintenance, education, or advancement, either at the discretion of the -<7.=*x^ trustees or trustee for the time being of thio a ny . w i ll, or of any other persons or person, and upon such conditions, with such restrictions, and in such manner as my said wife shall, whether covert or sole, by -etry deed e n dccda, or writing or writing s , co alochand dclivorod) with or without power of re = vocation - and new appointm e nt , or by will or codicil, -or— writing in the nature of or purporting to bo a will or codicil , from time to time or - at any time appoint. And in de- fault of and untifcsuch 'appointment, and co far as no such appuiiiUnml jhall LA it md, In trust for all or any of my children li ving at niv death, who being sons or a son shall attain the age of twenty-one years, or being daughters or a daughter shall attain that age or marry under that age, and if more than one, in equal shares. CLAUSE. V. PtiuviuiLfj Ar w A¥3, *££id I hevtiby declare, that no hotchpot child taking any part of the said trus Cmon t oo, stock s , funds, or coouritiooj under o^-4»y- virtue of - any appointment in pursuance of the power & v aulhuiit) lastly hereinbefore contained, shall h avo or be entitled to any further or othor share of or in that part of the said 1 l i u u f m un iu u , j l ut k «, funda, and ooouritioc of which no such appointment shall have been made as aforesaid, without bringing his or her appointed share into hotchpot and accounting for the same accordingly. VI. Pito ' VIDED alwayo, and I hereby ^doclar - Oy - that it advance- «WLJhP l awful £ av the said [trustees], and the survivor s and Bii rvivoE -of t h em, ami the eAeiutui ' a or adminiatratora of suc h - su rvivor, at any time or times after the death of my said wife, or in her lifetime with her consent in writing, to raise any part or parts A of the^then expectant or presumptive or vested share of any child under the trusts hereinbefore declared, not-e*eeeding in the whole one half part -orf^nVor MEXT clause. 186 FORMS IN WILLS. advance- h e r said then expectant or presumptive or vested share; and ment clause. tQ ^^ or a pp]y the same for his or her preferment, ad- vancement, or benefit, as th e y the said trustees or trustee ■ fur the time being -shall think fit. LIZ maintenance VII. And I JiEREDY declare, that the said [lrustees\,*r ^*z4: clause. aatt-tk s G urvivoro and ourvivor -of-the m, and the exe c uluxs 0r ^mi'ni'ctrarnrc r»f cn^h ciinn'vnr shall, after the death of my said wife, pay and apply the whole, or such part as - they — the said trustees or truste e -fop tho time being shall think fit, of the intorootj dividondo, and annual produce of the • share to which any child shall for the time being be entitled under the trusts hereinbefore declared, for or towards his or her maintenance or education until his or her said then expectant share shall become vested and payable ; And that the said trustees or trustee fur the Lime being may either themselves or himself so pay or apply the same, or may pay the same to the guardian or guardians of such child for the purpose aforesaid, without seeing to the application thereof. ■f// accumula- VIII. And shall, during such suspense of absolute vest- cLAusE(a). i°g as aforesaid, accumulate all the residue (if any) of the same i nterest;- dividends, and annual pi u duw in the way of compound interest, by investing the same and all the result- ing income -and piuduee thereof from time to time in or upon any such s tocks, iimaV, - oc-securi4ie& as are herein- before mentioned, for the benefit of the person or persons who, under the trusts herein contained, shall become entitled to the principal fund from which the same respectively shall have proceeded, with power for the said trustees or trustee fog - th e time-being" to resort to the accumulation of any preceding year or years, and to apply the same for or towards the maintenance or education of the child for the time being presumptively entitled to the same, in the same manner as such accumulations might have been applied in (. 187 ACCUMULA- TION CLAUSE. POWER OF LEASING REAL ESTATE HELD IN TRUST FOR SALE. flVC vivor s -and-tiur ■hft h pir f ij PTronu t nn, nrru l lmads&^teasH ^spoettvcry-of ouch survivor, shall pay or apply the rents and profits of the same premises, or of so much thereof as for the time being shall not have been sold, (after payment thereout of all rates, taxes, payments for insurance against loss by fire, costs of repairs, and other outgoings which any tenant or other person shall not be liable to pay), to the person or persons, for the purposes and in the manner, to whom and for and in which the i nterest; -dividen ds, and annual ~rn?efeee of the monies to arise from such sale, or of the sto€k%-foftds^ and s e curities in or upon which the same RENTS AND PROFITS OF REAL ESTATE UNTIL SALE TO BE APPLIED AS THE IN- COME OF THE PURCHASE- MONIES. (a) If powers to grant leases for mining or building purposes are needed, they can be easily adapted from those in the next section {infra, pp. 203, 204) by a comparison with this form. 188 FORMS IN WILLS. rents a.nd monies are hereinbefore directed to be invested, would be profits of p a y aD l e or applicable under the trusts herein contained, if REAL ESTATE ~ J rl ' until sale to the sale and investment aforesaid were then actually made. ^ BE APPLIED AS THE IN- COME of the XI. I give, devise, and bequeath all the estates which at PURCHASE- l l l 11 l l • l monies. nvy death shall be vested in me upon any trusts or by way of mortgage, and of which I shall at my death have power to DEVISE or . ° ° , , J A trust and dispose by will, Unto [ fauetees] , their heirs, executors, and MORTGAGE ESTATES. administrators respectively, according to the nature thereof respectively; Upon the trusts, and subject to the equity of redemption, which at my death shall be subsisting or ca- pable of taking effect therein respectively, but so that the money secured on such mortgages be taken as part of my personal estate. appointment XII.- g\nD I heiibby appoint my said wife and the said [trustees] guardians of my infant children during their re- spective minorities. OF GUARDIANS appointment XIII. And I iiereby appoint the said [t of executors. execu t ors of tliis my will, and authorise and empower the acting executors or executor for the time being of this my will to pay and satisfy any debts owing or claimed to be owing by or from me or my estate, and any liabilities to which I or my estate may be subject, or may be alleged to be subject, upon any evidence they or he shall think proper, and to accept any composition or any security, real or per- sonal, for any debt or debts owing to me or my estate, and to allow such time for the payment of any such debt or composition for a debt (either with or without taking se- curity for the same) as to my said executors or executor shall seem reasonable, and also to compromise and com- pound, or submit to arbitration, and settle all debts, ac- counts, transactions, matters, and things which shall be owing or claimed to be owing from or to me or my estate, or be depending or arise between me or my said executors or executor, and any other person or persons, and generally to act in relation to the premises in such manner as they or he shall think expedient, without being liable for any loss which may be occasioned thereby. „,,, Y ,„ veo/edL <>:C, t&onA fi»- taut £<>*/"<> <™ Z^icc ^u '.mi aid [trustee*] , their executors, administrators, and assigns, ''','„, ebkon, f° r * ne sa ^ tcrm °f years, Upon trust that the said wini proviso Ufttut ife s ) ; or the survivor of them, or the executors or ad- FOIl CKSSKIl. minis! rators of such survivor, shall permit the person or REAL ESTATE. 191 WITH PROVISO FOR CESSER. persons for the time being entitled in reversion imme- trusts of diately expectant on the same term to receive the rents C0MNO rent- and profits of the same premises until default shall be made charges and C 1 • 1 1 i o n t LEGACY DUTY in payment of the said yearly rent-charges of £ and thereon, £ , or one of them, or some part thereof respectively, at the times and in manner hereinbefore appointed for the payment thereof respectively, or of some sum which shall be payable for legacy duty upon the said yearly rent- charges, or one of them. And if the said rent-charges, or either of them, or any part thereof respectively, shall at any time be unpaid for forty days after any of the times herein- before appointed for payment thereof respectively, then and so often shall, by and out of the rents and profits of the same premises, or by mortgage or demise thereof, or of any part thereof, for all or any part of the same term, or by more than one, or by all of the ways— ei- means afore- said, or by any other reasonable way&-or means,4e¥yy raise, and pay the said yearly rent-charges of £ and £ , or such of them as shall be unpaid as aforesaid, and all arrears thereof respectively then due, or which shall after- wards, during their or his continuance in possession, accrue of the same, and all costs, damages, and expenses which the said [annuitant*], or either of them, or their or either of their executors, administrators, or assigns, or the said [trustees], or either of them, their or either of their exe- cutors or administrators, shall respectively be put unto by reason of the non-payment thereof respectively, or the recovering or obtaining payment thereof respectively, or otherwise relating thereto. And if the legacy duty on the same rent-charges, or either of them, shall at any time not be duly paid by the person or persons for the time being entitled in reversion as aforesaid, then and so often the said trustees or trustee shall, by all or any of the ways or means aforesaid, or by any other reasonable ways or means, levy, raise, and pay such sum or sums as shall be required for legacy duty on the said rent-charges, or either of them, when and as the same shall be wanted, and all incidental costs, damages, and expenses as aforesaid, And shall pay the surplus (if any) of the monies to be raised 192 FORMS IN WILLS. trusts of as aforesaid to the person or persons for the time being Juring°rent- ent itl e d ln reversion immediately expectant upon the same charges and term to the said premises therein comprised ; And, subject thereon, to the trusts hereinbefore declared, shall permit the rents with proviso anc ] profits of the same premises, or such part or parts thereof as shall not for the time being be wanted for the purposes aforesaid, to be received by the person or persons for the time being entitled in reversion immediately ex- pectant upon the same term to the said premises therein Proviso for comprised. - Provided alwayoj and I hoi'oby d e clare my cesser. w yi to ^ thlt, when the trusts hereinbefore declared of the said term if years shall have been fully performed or satisfied, oij become unnecessary or incapable of taking effect, the sanle term shall (subject and without prejudice to any disposition which shall have been made of the said premises comprised therein, or of any part thereof, in pur- suance of thd trujtj.-atolb ' Sctid) ubjolutoly ooaoo and d otor declaration III. Provided always, and I h&i ' cby - declare my will AND°APPLrcA- **"^ tllat > if an y P erson who, under -eg by virtue of this tion of rents my will, would (if this present proviso had not been herein minorities, inserted) for the time being be entitled to the possession or receipt of the rents and profits of the said hereditaments and premises hereinbefore devised in strict settlement as tenant for life, or as tenant in tail male, or in tail by pur- chase, shall be under the age of twenty-one years, Then, and in auih taji, and so often as the same shall happen, the said [frmtooe] , and the survivor of them, and the exe- cutors or administrators of such survivor, shall enter into the possession or receipt of the rents and profits of the same hoi'oditamonto and premises; And shall, during the mi- nority of such tenant for life, or tenant in tail male, or in tail by purchase, continue such possession or receipt of rents and profits, and manage or superintend the management of the same hereditaments and premises, with full power to fell timber or cut underwood from time to time in the usual con isc for sale or for repairs or otherwise, and to erect, pull down, and repair houses and other buildings and erections, REAL ESTATE. 193 DECLARA- TION AS TO RECEIPT AND APPLICATION OF RENTS DURING MINORITIES. and to drain or otherwise improve all or any of the said k oroditamonto and premises, and to insure houoco, buildings op other property against looo o r- damage by fire, and to make allowances to, and arrangements with, tenants and others, and to accept surrenders of leases and tenancies, and generally to deal with the premises as they or he might do if theyvwere the absolute owners thereof; And shall, from time to time during such minority, by an 4- out of the rents and profits of the said horoditamcntj and premises, (including the produce of the sale of timber and underwood), pay and diooharge. the expenses incurred in - or aboufe such management, or in the exercise of any of the powers afore- said, or otherwise in respect of the premises, and all out- goings not payable by any tenant or other person, and keep down any annual sum which may, for the time being, be charged upon the same premises, »p any part thereof, and the interest of any principal sum which may be charged by way of mortgage or otherwise upon the same pre- mises, op any - part thci ' &of, and apply any st tm or sums which they or he shall think proper, according to the age of such minor, in or towards feiw maintenance or education of auch miaoi'y And invest the residue of such rents and profits, in their or his names or name, in or upon any of the Parliamentary stocks or public funds of Great Britain, or at interest upon government or real securities in England, Wales, or Ireland, to bo from time to timo altered or vari e d jf - to them or him it sha l l i Boom nitct, And aecumwlato 4 hc dividondo)4ntoroot, and annual produco o f the said stocks^ famb, and ooouritico -in the way of compound interest, by from time to time similarly investing the same and all re- sulting income and produoo thereof; And shall stand a nd b e- possessed of and intorootod in the said rents and profits, and the said original an/1 accu mulate^ s tool&s, muds , and occuritiea, and the^ diviacnda, Interest; and annual [Jiu- 4ltt«e-thereof, upon the trusts following; (that is to say), if the tenant for life, or tenant in tail male, or in tail by purchase, during whose minority the said rents and profits shall have been accumulated as aforesaid, shall attain the age of twenty-one years, or shall die under that age leaving issue . o C >"* - trw Slluv ) I xen'hctx*. cjj-jpO ^rr ^c/tf 1 1 U^\e-Q C ■ 200 FORMS IN WILLS. POWER OF JOINTURING. ment of more than a certain sum for joint- ures. IW. POWER OF CHARGING PORTIONS. under -e i 1 by vi r tue of the power lastly hereinbefore con- tained, be at any one time subject to the payment of yearly rent-charges enoooding in the whole the annual sunvoi £ «/ 30 that, if, in con s equence of - the ex e r cis e of the— same power, the said premises, pr any of them, would, but for this present proviso, have i been for the time being charged with the payment of, yearly rent-charges ex- ceeding in the whole the annual (sum of £ , the yearly rent-charge or rent-charges by which such excess shall have been-eecasioned) or su eh^part-tliereof .respectively- tt3 ahftU - have occasioned and ahal l forirTsuch excess, shall from time to time during the continuance of such excess aboolutcly - wink into and not be rai sable out of the said premises, and the same yearly rent-charges respectively shall have pre- ference and priority of payment according tothe priority in order of limitation of the estates of theseveral persons -ex»- creising tin; said pinvei lastly hen?iubifuir cimtaiiitd. - <*4 i/t<- \i\(n\*l lf\J canine /Wefrej'/voe&f . Wt - PnoviDED ALWAYS,- a»4 I horoby doolaro my will - to b^ f that it ohall bi lawful fur every person hereby made tenant for life of the aaid hei - cditamonto and p remises here- inbefore devised in strict settlement, at any time or times, either before or after he shall, under o i » by nrtwe of this my will for the time being, be entitled to the possession or to the receipt of the rents and profits of the same premises, by «u*~ deed or dccdt^ with or without power of revocation id now appointn ' icnt r.or by wul or codicil, (but subject id without prejudice to the uoca and estates preceding the estate of the person for the time being exercising this present power, and to the powers annexed to such preced- ing uses or estates, and to the uses or estates limited in, exercise of such powers), to charge all or any of the oara hefuditnmonte a nd premises hr r dnbeforo devi s ed i n strict- sot tlumont with the payment of any oum— or oumtT not ex- ceeding, in the different events hereinafter specified, the different sums hereinafter mentioned, a s a n d. for the por- tion or portions of his child or children, or any one or more exclusively of the others or other of his children, (other than or besides a first or only son for an eldest daughter] aw and > i ( r t . / i 1 1 r 1 1 , < \ and to ^ such provisions for the advancement or prefer- meny.of any such child or children, at the discretion of any trustees or trustee, or otherwise, a nd to nuoh oth n r powers - and provi c ooc f ey — the benefit of cucrr-^hil d- or ek i ldr a i i j a* wimo or ono of thorn, as the person for the time being exercising this present power shall, in man- ner aforesaid, direct: And by the same, or any other deed m.' doodo^ or by will or codicil, (but subject and without prejudice as aforesaid), to charge the premises charged with such portion or portions respectively with the payment of any annual sum or sums (not exceed- ing fcke mterest-eiA the -tium or ft urns so charged, n ot a ,- portien ur pui ' lionu, after Ahe rate of £4 per cent, per annum) for or towards the maintenance or education of the child or children tor whom the 'p ortton ■ or po r tions charged a& afor o oaid ahall be i ntended in thc" r meantim« until sucn portion .or portiono shall become payable, the said annual sum or sums to be clear of all deductions, and to commence from such ueiiud uj. ueiiuds,- and to be raised -a*4= paid and applied in such proportions, at buth ti mes ? and in au oh - manner, as the person for the time 202 FORMS IN WILLS. POWER OF CHARGING PORTIONS. being exercising this present power shall in manner afore- said direct : And by the same, or any other deed -©*- deeds; or by will or codicil, (but subject and without pre- judice as aforesaid), to li mit and appoint the heredita - ment. ! , and premises so charged aj nfuicjuid to any per son or- poro e- n s, for any ter m or terms of years, with o without impeachment of waste, upon usual trusts by mort- gage or otherwise to raise the principal and annual oun ^rsums so charged " g a£asasaid t and the costs and ex- penses (if any) te-&^-incurred in on about the execution o. No portion to the trusts thereof. Provided always, and I hereby do - be a charge un- i m ._■ .1 /'* ^<"j l " * *nr <* • ^ y. y* { o 1 (^1 less the person slaro my will to be, that no portion which may be charged charging or his under the power lastly-ke r - cinbcforo contained, nor any i n ^- issue become . , , ,. . ;1 entitled in -kir i &t LUi ahy sTltih piutiun, nor any part thcreoi rcq pecjU possession lurolj. t-o n anrspS j shall becom ecome a lien upon the said hoi'oditamcnta - Estates not to be charged with more than a «**d» premises, or any part thereof, or be payable, unless ««^ *™h cither' ! the person so charging the same shall, under ,©*-. Hby virtue- of this my will, be or become entitled to the possession or to the receipt of the rents and profits of the same premises, or unless some issue of such person shall, or if of full age would, become so entitled. Pro- vided a lways , and -t- cre c lam niv will 1s t br? that the said certain sum for fc i j i cdifcflmonto and premises, ag -ciny uf t hem > shall not, under or by virtue of the power lastly hereinbefore con- tained, become ultimately subjcot or liable to the payment * of any gronter sum of money in the whole for portions Inari /hUscov?^ the principal sum of £ , « o - that, if, in tuna^qu u ii Lu ^ f the exercise of the same power, the said premises, or any of them, would, but for this) present proviso, have been rhnr^H '"ith a gr n nt"r 'inv i £ n r " t '' nvin m &a adaole ^har the p r incipal sum of £ j-feke* charge or charges - by which such exce-sa shall 4 iavo b y eon oooaoionGci , or amen part there of iL.spi ' Ctivoly fee nluul have occasioned or excess, shall ; rbB olutelv — sink " 1 int e r and not be raisable out of the said premises, and the same portions respectively shall have preference and priority of payment according to the priority in order of limitation of the estates of the several persons exeicising the said puwui lastly liamu - tAXr before eori t an+ed; ulijinK'wJ*^^*} , lln.O'' • REAL ESTATE. 203 VII. Pkuvtueu ALWArs, and I hereby deolare xtxy will to - power of b^that it shall be lawful for every person hereby made twenty-one tenant for life of the said hereditaments and premises here- years. inbefore devised in strict settlement, as and when he shall, under this my will, be entitled to the possession or the re- ceipt of the rents and profits of the same premises, and also for the said [ii ' m i ces], and the survivor of them, and the executors or administrators of such survivor, during the minority of any person, who, if of full age, would, under this my will, be for the time being entitled to the possession or the receipt of the rents and profits of the same premises, by deed, to appoint by way of lease all or any of the said boro feU tamonto and premises for any term of years not exceeding twenty-one years to take effect in possession, so as there be reserved on every such appointment the best yearly rent 9 V ronto to be inci- dent to the immediate reversion that can be reasonably .g et t n t , without taking anything m tho nature o i— a nne, promium; or £ oregift> and so as there be contained in every such appointment a condition of re-entry for non-payment, within a reasonable time to be therein specified, of the rent ot lentft thereby reserved, and so as the appointee -e*— ^ appointoos- do execute a counterpart thereof, and do thereby covenant for the due payment of the rent or rente thereby reserved, and be not mado diopuniohablc tor waste. VIII. P r ovided alway3, ~ <%nd I he re-by-dcelarc my wil l power to to b e ; thafc-it shall-be lawful f or - every person hereby made tenant for life of the said hereditaments and premises here- inbefore devised in strict settlement, as and when he shall, under this my will, be entitled to the possession or the receipt of the rents and profits of the same premises, and also for the said [trnzieetPfc and the survivor of them, and the executors or administrators of such survivor, during the minority of any person, who, if of full age, would, under this my will, be for the time being entitled to the possession or the receipt of the rents and profits of the same premises, by deed, to appoint by way of lease any part of the said heredkamente-and- premises to GRANT BUILD- ING LEASES. 204 FORMS IN WILLS. POWER TO GRANT BUILD- ING LEASES. 2 7 POWER TO GRANT MIN- ING LEASES. any person or persons who shall improve the same by erecting or building thereon any new house, erection, or building, or by rebuilding, enlarging, or improving any house, erection, or building then standing thereon, or shall covenant or agree so to do within two years next after the date of such appointment, for any term of years not exceeding ninety-nine years to take effect in possession, so as there be reserved on every such appointment the best yearly rent «n » »fcfl to be incident to the immediate reversion that can be reasonably gottaa^witnout taking aey — 4hing '"i n the nature of a fine, premium, or forogift, a nd so as there be contained in every such appointment a con- dition of re-entry for non-payment, within a reasonable time to be therein specified, of the ren t ui rents thereby reserved, and so as the appointee or appointees do execute a counter- part thereof, and do thereby covenant for the due payment of the rent or rents thereby reserved : Provided always, that a peppercorn rent, or any smaller rent than the rent to be ultimately made payable, may be reserved during all or any of the first five years of any such term as last afore- said. IX. rnoviDLD TL'WAVs, and I - hor o by deolaro my . will fo~hr, that it •shaft-hf-'hnv f-n l 1'ui -every person hereby made tenant for life of the said hereditaments and premises hereinbefore devised in strict settlement, as and when he shall, under this my will, be entitled to the possession or the receipt of the rents and profits of the same premises, and also for the said [ trusteed] t and the survivor of them, and the executors or administrators of such survivor, during the minority of any person, who, if of full age, would, under this my will, be for the time being entitled to the possession or the receipt of the rents and profits of the same premises, by deed, to appoint by way of lease all or any of the mines, quarries, minerals, stone, clay, sand, or earths in, under, or upon the same premises, or any of them, or any part thereof, either with or without any mes- suages, buildings, lands, or hereditaments convenient to be held therewith, and either with or without the surface of REAL ESTATE. 205 the lands in or under which the same shall be, and power to GRANT MIN- ING LEASKS. whether the same have or have not been hitherto opened or worked, for any term of years not exceeding sixty years to take effect in possession, together with all such liberties, licenses, powers, and privileges for searching for, working, getting, washing, smelting, rendering mer- chantable, and disposing of the said mines, quarries, mine- rals, stone, clay, sand, or earth, as to the person or persons for the time being exercising this present power shall seem expedient, so as there be reserved on every such appoint- ment the best rent or rents, tolls, duties, royalties, or re- servations, by the acre, the ton, or otherwise, to be incident , to the immediate reversion, that can be reasonably g o t te n, without taking anything in t he- nature - of a fine, •p remium, or-forcgift, and so as there be contained in every such ap- pointment a condition of re-entry for non-payment or non- delivery, within a reasonable time to be therein specified, of the rent- ^f rcntj, tolls, duties, royalties, or reservations thereby reserved, and so as the appointee or appointoco do execute a counterpart thereof, and do thereby covenant for the due payment or delivery of the rent or rents, tolls, duties, royalties, or reservations thereby reserved : Pro- vided always, that the reservation of rents, tolls, duties, or royalties, the amount of which shall vary with or accord- ing to the acreage worked, or the minerals, stone, clay, sand, or earths gotten, shall not be taken to be in the nature of a fine, premium, or foregift, though the effect of such reservation may eventually be disadvantageous to the remainder-man. X. P rovided alwa y s, a nd I hereby -declare my w ill power of i i • l n i i fir ,i • 1 r , i 1 Til ENFRAN- -t o be, that it s h a ll bo lawful fo r the said [tr u ste e * ] , and the CHISEMENT . survivor of them, and the executors or administrators of such survivor, during the life of any person hereby made tenant for life, who shall, under this my will, be for the time being entitled to the possession or the receipt of the rents and profits of the said manors and premises hereinbe- fore devised in strict settlement, with his consent in writing if he shall be of full age, and also during the minority of 206 FORMS IN WILLS. ENFRAN- CHISEMENT power of any person hereby made tenant for life or tenant in tail [male or in tail] by purchase, who shall, or if of full age would, for the time being be entitled to the possession or the receipt of the rents and profits of the same premises at the discretion of them the said \~tw tslee #] r , or of the sur- vivor of them, or of the executors or administrators of such survivor, to enfranchise any tenements holden of any manor for the time being, subject to the then subsisting uses of this my will, with or without all or any of the commons, rights, liberties, or privileges appendant or appurtenant to, or held or enjoyed with, such tenements, and for such con- sideration in money, either in gross or by way of rent, and with such reservations, exceptions, and restrictions, (if any), as the said [4*msteesj^ or the survivor of them, or the exe- cutors or administrators of such survivor, shall think rea- sonable, and thereupon by any deed or deeds absolutely to revoke the uses, trusts, powers, and provisoes which, under this my will, [or any exercise of the powers herein- before contained of jointuring or charging portions,] shall for the time being be subsisting or capable of taking effect in the freehold and inheritance of such tenements, (but subject and without prejudice to any mortgage or other dis- position which may have been made under the trusts of any term of years hereinbefore limited, [or under the trusts of any term of years, limited under the aforesaid powers of jointuring or charging portions,] and to any lease or leases granted under any of the powers of leasing hereinbefore contained), and by the same or any other deed or deeds to appoint, unto the copyhold or customary tenant or tenants of such tenements, and his or their heirs, or otherwise as he or they shall direct, the freehold and inheritance of the same tenements, either with or without all or any of the com- mons, rights, liberties, and privileges aforesaid. And I hereby declare, that all such yearly rents, or annual pay- ments, reservations, and privileges, (if any), as shall be re- served, granted, or made payable upon any enfranchisement under this present power, shall be so reserved, granted, or made payable, or so settled, that the same shall be re- ceived and enjoyed by the person or persons who, under REAL ESTATE. 207 this my will, would for the time being have been entitled power of to the ancient accustomed payments and privileges in re- CIU sement. spect of or over the copyhold or customary tenements so enfranchised, in case no such enfranchisement had been made (a). si *2$ XI. Pr ovided alway s , — a«4 I hereby do o laro my power of / witi-to~be-, that it shall b e-lawful fo r- the said [trustee^, licenses to and the survivor of them, and the executors or admini- copyholders strators of such survivor, during the life of any person hereby made tenant for life, who shall, under this my will, be for the time being entitled to the possession or the receipt of the rents and profits of the said manors and pre- mises hereinbefore devised in strict settlement, with his con- sent in writing if he shall be of full age, and also during the minority of any person hereby made tenant for life or tenant in tail [male or in tail] by purchase, who shall, or if of full age would, for the time being be entitled to the possession or the receipt of the rents and profits of the same premises, at the discretion of the said [trustees];, or of the survivor of them, or of the executors or administrators of such survivor, to grant to any copyhold or customary tenant or tenants of any tenement holden of any manor for the time being, subject to the then subsisting uses of this my will, a license in writing to build on or otherwise improve all or any part of his or their tenement, and to make roads and streets in, upon, or through the same, and to annex the same or any part thereof to adjacent ground for the purpose of im- provement, and to pull down any of the messuages or erec- tions which are now, or hereafter shall be, on such tene- ment, and to demise all or any part of his or their tene- ment for any term of years not exceeding twenty-one years, (or, for building, rebuilding, or repairing purposes, for any term of years not exceeding ninety-nine years), to commence from the time of granting such license, or (a) The provisions for the receipt and application of the money to be received on an enfranchisement are incorporated with those of the money received on a sale or exchange. See infra, p. 211. 208 FORMS IN WILLS. POWER OF GRANTING LICENSES TO COPYHOLDERS V(T. POWER OF PARTITION. for any one or more of the purposes aforesaid ; And also to fix the sura which during the term mentioned in such license shall be considered as the annual value for assessing the fines payable to the lord upon admission of any new tenant to any tenement which shall have been built on or improved, or for the building on and improving of which such license shall be or shall have been granted, so that the sum to be fixed shall not be less than the best an- nual rent which might at the date of such license be rea- sonably obtained on a demise of the premises therein men- tioned, for the term mentioned in such license : Provided always, that no fine, premium, or foregift shall be taken for the making or granting any such license, except the customary annual fine, (if any), for every year of the term mentioned in such license, and such fees as shall be usual or reasonable in that behalf; And that upon the grant of every such license there shall be saved and reserved to the lord of the manor all fines, heriots, rents, customs, and services due and to grow due in respect of the tenement in respect of which such license shall be granted, and that every such license shall be entered on the court-rolls or court books of the manor. XII. ■j^ u v rP E DA LW AVS ' , and - 1 her eby deelaro- mywill - -t» be^ika-t-it shall ^be-^rev ftil- fa i*- t he said [trus te e s'] ; and the survivor of them, and the executors or administrators of such survivor, during the life of any person hereby made tenant for life, who shall, under this my will, be for the time being entitled to the possession or the receipt of the rents and profits of the said hereditaments and premises hereinbefore devised in strict settlement, with his consent in writing if he shall be of full age, and also during the minority of any person hereby made tenant for life or tenant in tail [male or in tail] by purchase, who shall, or if of full age would, for the time being, be entitled to the possession or to the receipt of the rents and profits of the same pre- mises, or any part thereof, at the discretion of them the said [frtrst ccs] , or of the survivor of them, or of the executors or administrators of such survivor, to concur with the person or REAL ESTATE. 209 t persons for the time being seise d- o f -o r ■entitled to any undi- vided share o r a hare a of and in any hereditaments of which an undivided share-e i ' oh arc o is or nre hereinbefore devised in making a partition of the same hereditaments or any part thereof, and uf tin appurtenances ? a nd to give or receive any money for equality of partition, and, for the purpose of effectuating such partition, by any deed « r elecda abaolufeely to revoke and malto ^ void all or any of the uses, trusts, powers, and provisoes- hereinbefore limited and doolai'od" or to be limited ui 1 dttlaLCid under the powers hereinbefore contained of jointuring or charging portionsT of or con- cerning the undivided share or char es, hereinbefore devised of the hereditaments of which it shall be intended to make partition, and of the appnrtenftnrps, (but subject and with- out prejudice to any mortgage or other disposition which may have been made under the trusts of any term of years hereinbefore limited, [or under the trusts of any term of years limited under the aforesaid powers of jointuring or charging portions,] and to any lease «i lua^us which may havo - boon granted under any of the powers of leasing here- inbefore contained), and by the same, or any other deed or doo El o, to limit, dixlara, divnrt, nr appoint any uac or uses, es tate or estates,-to*t*efc-or trusts, of the same undivided share or shares which shall be thought necessary or expedient to effectuate such partition (a). XIII. Provi d ed always, and-I hereby declare my will - t o bo } t hat it ohall be lawful for the said [ trustees ], and the survivor of tb.em such survivor, tenant for life, who shall, under this my will, be for the time being entitled to the possession or to the receipt of the rents and profits of the said hereditaments and pre- mises hereinbefore devised in strict settlement, with his consent in writing if he shall be of full age, and also POWER OF PARTITION. POWER OF SALE AND EXCHANGE. (a) The provisions for the receipt and application of the money received for equality of partition are incorporated with those relating to the money received on a sale or exchange. 210 FORMS IN WILLS. POWER OF SALE AND EXCHANGE. Mode of sale or exchange. Power to re- voke old, and declare new uses, to effect- uate sales and exchanges. during the minority of any person hereby made tenant for life or in tail {male or in tailj by purchase, who shall, or if of full age would, for the time being be entitled to the possession or to the receipt of the rents and profits of the same premises, at the discretion of them the said ttrusteesj, cr «£* or the survivor of thorn, or of the - executors or admini - s trators of such survivor, to sell, or exchange for other manors, lands, or hereditaments in England or Wales, all or any of the said premises hereinbefore devised in strict set- tlement, and upon any such exchange to give or receive any money equality of exchange. And dad are, thfft any such sale either by public auction or private contract, and. that ttic / nni r l [^r fi i n i f i i ' ]j and I 1 " jaryrrot "f tl i n m, a 1- ";! the exe- outors or administrators of such aurvivor, ohall - havo — full . powor to - inaort any auoh - c pecial or other stipulations, as to title or evidence of title, or otherwise, i n any oonditiono e£ fr1° n r nn ^tr'fi n t f n r n nl r> nr °?rchnng" ^f th p n ni r l p iin micoo} ov any pap t -th,ci'co% ra lliuv ut 1 h e shall think fi -^and to buy in -o fn ' oooiml any contract for sale-er tho mim up\e- miocar -or any part thereof, and te- re-sell the octinc, without being responsible for any loss occacionod«»thorob3r . And I ^i . EriEDY declare, that, for effectuating any such sale or exchange, it shall be lawful for the saidfynistees\ atndLtnc uurvivoi of llit m, Hlld the exemlui ' u ur admimjti ' atorc of auoh omwivor, with such consent or at such discretion as aforesaid, by any deed ur dixd* to revoke and mako void a ll or any of the uses, trusts, powers, and provisoes herein- before limited and declared {or to be limited or declared, under the powers hereinbefore contained of jointuring or charging portions} of ur concerning the said premises, or any part thereof, (but subject and without prejudice to any mortgage or other disposition which may have been made under the trusts of any term of years hereinbefore limited, for under the trusts of any term of years limited under the aforesaid powers of jointuring or charging portions, \ and to any lease tn *- lcaaeu which nmy lrive been granted under t u i y - of-t he powers of leasing hereinbefore contained, and by the same or any other deed m 1 di i udo to limit, declare^ xLlwc. i ,-hi appoint any un w or uses, cutato oi »- estates, truis* A/sU M IHHl REAL ESTATE. 211 or trusts, of the same premises, or any part oi 1 pa f ts there- power of of, which shall be thought necessary or expedient to ef- SALE AND ° J l EXCHANGE. fectuate any such sale or exchange. And I HWeemr cle- ~ i 11 • , r -i ay Ss&tn-be . Trusts of clare, that the said jtrusteesl, and tho rnrv i ve i r of . th a nij un4 money received tlii — i i I H i m i n ii l iii ini liiii tnrF nf "nrh snrYJvnr, shall re- fr0, , n sales and exchanges. ceive all monifiy w hich maj> biLunn payable upon any such C ewfr t wiohioomont) partition, J sale or exchange as aforesaid, and with all convenient speed invest the same in the pur- chase of other manors, lands, or hereditaments in England or Wales, for an estate o »ootatcs of inheritance in fee simple, ,X or of lands of a leasehold or copyhold or customary tenure, convenient to be held therewith or with any hereditaments for the time being subject to the subsisting uses or trusts of this my wilL yet so as that, during the life of any person hereby made tenant for life who shall for the time being be entitled as aforesaid, and shall be of full age, every such purchase be made with his consent in writing.'XAND Directions to I iW MW-declare, th at the said ^^affl^ jSSLd vivui uf tllbhi, Ulld lht hcira, cigcoutorc, or- adminioti ' ators taken in ex- q£ ouoh ourvivoi T - shall s ettle and acoui'Oj or c ause to be settled and assured, all such of the manoi'O) landa, « r here- ditaments so to be purchased or taken [upon partition or] in exchange as aforesaid, as shall be freeholds of inheritance, to the uses, upon and for the trusts, -Hi— te nt s , and purposes, and Hrh, nrH-r, nnrl subject to the powers, provis oes ,- and declarations in and by this my will limited, cwpi'c ss cd ' , and declared for under the powers hereinbefore contained of jointuring or charging portions, to be limited, c?ipi'003cd, and declared^ of and concerning the said -hprrrlitinr a pntfi nnrl prrmi"P'- hereinbefore devised in strict settlement, or as near thereto as the deaths of parties and other intervening ftaeiaLeots will admit of, but not so as to increase or multiply charges ; And shall settle and aoouro, or cause to be settled and assured, all such of the said unannrsj lando) or hereditaments so to be purchased or taken fupon partition or| in exchange as aforesaid, as shall be of leasehold or copyhold or customary tenure, upon and for such trusts, iwtoiito, and purposes, and- with - - under, and subject to such powers^ provis uw^ mid dcilm ationa, as shall or - m a y correspond with and be similar to 212 POWER OF SALE AND EXCHANGE. Provision for the renewal of leases. FORMS IN WILLS. ro^C Power for the trustees to raise money by mortgage. the uses, trusts, intontfj) purposes, powers, provisoes, and " - doclarationo in and b y this my will limited, expre s s e d, and declared, or under the said powers of jointuring or charging portions to be limited, oHproa s odj a nd declared e f and con- cerning the said h oroditaments and premises hereinbefore devised in strict settlement, -«^ as noar thoroto ao the dif- ferent tenure and quality of the premises, and the rules of law and equity, and the deaths of ■pat ' tica, and other intervening accidentG will admit ol, but not so as to in- . . crease or multiply charges, and so that if any of the Jan do p urchased or taken [upon paililiun 01] in e xchange shall be held by ^ lease for years, the same shall not vest ab- solutely in any person hereby made tenant in tail (male or in tail} by purchase who shall not . attain the age of twenty-one years, but on his death under that age shall go^w^ devolve, and remain in the oamo awaaaeas as if they had been freeholds of inheritance, and had been settled accord- ingly. And I hereby declare, that, if any of the lands purchased or taken in exchange as aforesaid shall be held for a Jlease es ~ leases, j oi' grant or grant';, for lives or for years, proper provisions shall be inserted in the settlement hereinbefore directed to be made thereof for renewing such lease i oi 1 grants from time to time as occasion shall re- quire, and that the fines and expenses of such renewal^ shall, from time to time, be. defrayed by andout of the pre- mises so to be purchased or taken in exchange, and of which such renewals are to be made respectively, so and in such manner that the several persons beneficially entitled to the same shall contribute to such fines and expenses in the proportions in which, according to the rules of courts of equity, they would be bound to contribute : Provided always, an d. I hereby dorliro, that, subject and without prejudice to, and so that the equities or obligations of the persons claiming under this my will as to defraying the fines and expenses ofnmch renewal of leased 01 gian fc a as i igod o *- altered, it shall be trustees}, mm Saa wsasnat ^ * 1w nrii nnri _ a dmini s trator s of-"»uch oui'viy p w r by and if aforesaid shall not thereby be lawful for the sai< the ex e cut o r* or- out of the mondt^ to arise from any such sale [o> onfi'an — > l i nunm fr ], or to be received for equality of exchange [or REAL ESTATE. 213 partition] as aforesaid, to pay any money which upon any power of exchange [or partition] made ltt- O J Ecrcis e . of the aforesaid exchange. power in that behalf shall e¥- may be payable by the tru a- — t eea or touatce fui the 1 Ulllt' buhl" acting in the uAuitise uf the- pamc powci 1 for equality of exchange [nr . pnrtitinn] , or which may be required for the renewal of any such lease »**• , grant as aforesaid ; And also to raise any money, agreed to b e paid by . the said trustees or tru s te e for equality of exchange for partition]^ or which may be reauired for the renewal of any s«e^lease ov grant -as aforesaid^by mortgage of the here- ditaments tp be received in exchange for upon partition^ or taken by renewal as aforesaid, or of any other hereditaments fui tilt tiliiu being subject to the then subsisting uses or trusts of this my will, and to make all such appointments, assign- ments, surrenders, and other assurances, and to do all such other acts as shall be necessary or expedient for effectuating tmj such mortgage or mortgagee, and no mortgagee ad- vancing money upon any mortgage purporting to be made under this power shall be bound to see that such money is wanted, or that no more than is wanted is raised ; Pro — Power for the Vf DEP algo, and Iheibbj> duluij u j that it shall b e lawful fo r apply monies the said {trustees}, and the suivivor of them, and the ex- jn discharge of L - 1 ' incumbrances. ecutors or administrators of sue 1 1 survivor, upon the request of any person hereby made tena it for life who shall for the time being be entitled as afores id, and shall be of full age, or, if there shall be no person ft r the time being so entitled as aforesaid and of full age, th en at their or his discretion, to apply any money to arise by any such sale [enfranchise- ment, partition,] or exchange as aforesaid in or towards paying off or discharging any n ortgage, or other charge or incumbrance, for the time bein £ affecting all or any of the hereditaments then subject to the then subsisting uses or trusts of this my will, but without changing or altering the equities or obligations of the parties claiming under this m^L-uaU—as^lo -defraying--the~-: ines--«frd— expenses of-"&uch rrnownl« «">f lpa^P ^ y^ritn n^^vogoiVl AND I II.PIIEIJY P ower to invest declare, that, until the money to arise by every or any funds till laid such sale tenfranohiaomont. partition,! or exchange as ° ut in the P ur - •i t i • v i chase of lands, aforesaid shall be disposed of as hereinbefore directed, r otherwise it shall be lawful for the said [trustees^, ^id* tfto cuvnivor a PP Ued - 214 FORMS IN WILLS. POWER OF SALE AND EXCHANGE. The interest of the funds to go as the rents of the lands would go if purchased. Trustees' re- ceipts to be valid dis- charges. o r < / / , A u of than, and the exectrtora ui adminiati ' atoi'o - of ouch cur ■. vi»oi ' ,n vith the consent of the person (if any) hereby made tenant for life who shall for the time being be entitled as aforesaid, and shall be of full age, and, if there shall-ftrr— t ho time being be no such person, then at the discretion of such trustees or trustee for tho LiniL btin i j, , to place - out such money, or any part thereof, in their or his names or name, in or upon any of the Parliamentary stocks or public funds of Great Britain, or upon government or real securities in England, Wales, or Ireland,^and to alter, vary; oi 1 tmuwpuji the said^aloS^SyJiBW^^J OQ f"nifif g And I hereby declare, that tlie i nterest, dividends, and annual produoc of such stockoj iunda, ami &ecuvitic3 3hall , <^aJ'^ be paid and applied to such person or persons, for such in ten to and purposes, and in such manner as the rents and profits of the hereditaments to be purchased there- with would be payable or applicable in case such pur- chase or purchases and settlements as aforesaid were then actually made : PnoviDflD always, Syhd I horoby declare, that the receipt or receipts in writing of the said \trustees\,cr tZ«*J| a nd tho curvivor of them, and the cAicutorc or adminintm tors of such survivor, or o: the trustees or trustee for the time being acting or entitle! I to act in the execution of the aforesaid powers of [enfrai chisement, partition,] sale and exchange, for any money wl ich may become payable for the [enfranchisement or] purch ise of any hereditaments which may be [enfranchised or] so d under the said power of [en- lity uf [partition ui] c a- ( r.-i nr In snmnnt nr] sale, or cliimgftj nn»4-:ior any mone yyaa i xuiyiu u > y ^wt^uw; j*\ wortgagiLLJ upon any m o rtgagfc -purporting to befBadeiuiaer / tl w - power hereinbefore caivtaine d-^f^rerrrg- gage, and for any other n said [trustees], or the surv oney which may be paid to the vor of them, or the executors or administrators of such survivor, under or by virtue of this my will, or in the execution of any of the trusts or powers hereof, shall effectually discharge the person or persons pay- ing such money from tht same, and from being bound to see to t lie application, orlbeing answerable for the mis-ap- } >li rntu ) i i „nr n n n - iippli r n t rnn tlu ' i ' iof . / x vAC ■(:> y r cf,t4^f AoKAttil **■/ hntxptu* REAL ESTATE. 215 XIV. 1 give and devise all the copyhold and customary * m>fei3Uti^Es; lands, feenuiiuila,' and hereditaments - of "or to which I am c r at my death shal l be aciaed 01* e ntitled, -afc l aw oi' in oquit ^-or of which I havc - or afiny death -shftH'- have power to dispose by will, (except what I otherwise dispose of by this my will, or any codicil hereto), Unto and to the use of the said [tvustoa &] , and their heirs, according to the c uotom e g customs of the manor or manors of which the same respectively are hold-en, and at and under the rents, fines, heriots, suits, and services therefor respect- ively due and of right accustomed, Upon and for such trusts, iwtonto; and purposes, and with, undor r and subject to such powers, provis oea, and ■ dcclamtioiiO) as shall as nearly correspond with and be similar to the uses, trusts, intents, purposes, powers, provisoes, and declarations here- inbefore limited and declared of and concerning the free- hold hoi'cditamontB and -premises hereinbefore devised in strict settlement, as the different tenure and quality of the premises, and the rules of law and equity, will permit, but so as not to increase or multiply charges. DEVISE OF COPYHOLDS TO USES CORRE- SPONDING WITH FREE- HOLDS. XV. I give, devise, and bequeath all the leasehold me3 s magoo, lands, tenementoj and hereditaments, whether holden for - any life * cr li ves, or for any term or terms of years, absolute or determinable with any life or lives, of or to which I am cw- at my death s hall b e seised, possessed, or -oratrny entitled, or of which I hav er death oh all have power to dispose by will, (except what I otherwise dispose of by this my will, or any codicil hereto), unto the said \_ irm tom~\ , their executors, administrators, and assigns, for all such estate, term, or interest as I shall have therein re- spectively at my decease, Upon trust that they the said E jft*w##ftwj», and the survivor of them, and the executors or administrators of such survivor, shall, hy and out of the rents and profits thereof, pay the rents reserved in "and- by ttoTleases thor o o£ »respectively, and observe and perform the covenants and conditions in the said leases respectively contained, and on the part of the several lessees, - or thci r- recppective ^xe^H-toi'fiy ■adminis4i'ftte¥S r .oi:~assigns, to be ob- served or performed ; And, subject thereto, shall hold the DEVISE OF LEASEHOLDS ON TRUSTS CORRESPOND- ING WITH USES OF FREEHOLDS. 216 FORMS IN WILLS. DEVISE OF LEASEHOLDS ON TRUSTS CORRESPOND- ING WITH USES OF FREEHOLDS. w. PROVISOES AS TO RENEWAL OF LEASES AND GRANTS FOR LIVES OR YEARS. Power for the same premises, Upon and for such trusts, intento, and purposes, and with, under, e nd subject to such powers, «**•#"" provisoes, and declarations, as shall as nearly correspond with and bo oimilar to - the uses, trusts, intents, purposes, powers^provis oca, and dixlaialicms hereinbefore limited and dcclarod of and concerning the freehold heicdiUuieuls an4- premises hereinbefore devised in strict settlement, as the different tenure and quality of the premises, and the rules of law and equity, will permit, but so as not to in- crease or multiply charges, and so that such of the said.^**^*** hcpcditamcntfc . and p remises as are held by fr lease for years shall not vest absolutely in any person hereby made tenant in tail (male or in tail} by purchase of the said freehold premises hereinbefore devised in strict settlement who shall not attain the age of twenty-one years, but on his decease under that age shall go, oevolve, and iciiidiii in the same manner as if they had been freeholds of inheritance, and had been included in the devise in strict settlement herein- before contained. XVI. ^P rov id ed AfcWAfrs , and I -herefey-declare my will to— be-, that the said \4nt&bet$^) and the survivor of them, and the heirs, executors, or administrators respectively of such survivor, shall from time to time, as occasion shall re- quire, in the ordinary course of renewal, use their and his best endeavours to obtain, on the accustomed reasonable terms, a renewed lease or leases, grant or grants, for lives or years, of such of the said leasehold or copyhold premises as shall be held for a lease or leases, grant or grants, for lives or years, ordinarily renewable, And shall from time to time make and do all such surrenders and other things as shall be expedient for obtaining such renewals. And that the fines and expenses of such renewals shall from time to time be defrayed by and out of the premises of which such renewals are to be obtained respectively, in such manner that the several persons beneficially entitled to the same under this my will shall contribute to such fines and ex- penses in the proportions in which, according to the rules of courts of equity, they would be bound to contribute. PROVIDED always, awd-I-hereby further-dedal^- that it REAL ESTATE. 217 shall be lawful for the said [ trustees'], and the survivor of provisoes as them, and the executors or administrators of such survivor, ™ ^ E !"?L W ^ I T 1 ' ' OF LEASES AND to raise any money which may be required for any such re- grants for newal as aforesaid by mortgage of the hereditaments taken years. by renewal, or of any other hereditaments for the time trustees to being subject to the subsisting uses or trusts of this my raise mone y b y i-i-i -ii i mortgage. will, and to make and do all such acts and assurances as shall be expedient for effectuating any such mortgage ; And no mortgagee advancing money upon any mortgage purporting to be made under this power shall be bound to see that such money is wanted, or that no more than is wanted is raised. Provided nevertheless, that the pro- portions in which such fines and expenses are to be ul- timately borne by the persons beneficially entitled, shall not be altered by the money for that purpose being in the first instance raised by mortgage. 218 FORMS IN WILLS. Sect. III. TRUSTEE CLAUSES. H for one set I. Provided always, and I hereby aleclare of trustees j^_ t | iatj tf tne sa i& trustees hereby constituted, or an y - [// ' "~ -two tvust&es only, say cither ingtoqd of any'] ,of them, or any* t*} fi& htiiy interested'] , or the survivor of them, and after the death of such survivor, for the surviving or continuing trus- tees or trustee for the time being, (and for this purpose .iy refusing or retiring trustee^ shall, if willing to act in the execution of this power, be consideredcontinuing trustee^), or for the aetia^executors or administrators of the last surviving or continuing trustee, to appoint a new trustee or new trustees in the place of the trustee or trustees so dying o>a L ot aa4vc-h- <*+<*/ or being abroad, or desiring to be discharged, or refusing or »y / becoming incapable toftct as aforesaid ? And that, upon c*1 fv „ r tnictop f » r the *'"™ b™'"^ , QI in ^ e heirs, ex ecutors , o r . >».■. ,Jed,,~—J,.~.J qtlminHn+ori of thr ktgt "nrvirin™ nr c o ntinuing tructn^^.,,^^ shall be so conveyed, assigned, and transferred that the same may be vested in the grtrrrv iiig W tWifinHing 1 truotco [ok -. (a) This is the power in ordinary use for common wills of real or personal estate. (/>) The words " if any " apply to those wills in which it is pos- sible thut the trustees may be only donees of powers, and have no estates or property in them. frf'VVI/U' TRUSTEE CLAUSES. 219 trustees (a)] joi n t l y with c ucir new tr usteofer trusieea(M) ] , for one set op— ifr-suc h new trrrst ccs -^ solely, - a3 the case ■ may require. OF trustees. And that every trustee so appointed as aforesaid may, either before or after the said trust premises (if any) shall have been so vested as aforesaid, act or assist in the execu- tion of the trusts and powers of this my will, as fully and ef- fectually, to all intonfcj and pui puses , - t is if I had hereby con- ( *? stituted him a trustee. Provided always, and I declare Trustees' in- my will to be, that the trustees or trustee for the time being of this my will shall be respectively chargeable only for such monies as they shall respectively actually receive, notwith- standing their signing any receipt for the sake of conformity, and shall be answerable and accountable only for their own acts, receipts, neglects, and defaults respectively, and not for those of each other, nor for any banker, broker, or other person with whom any trust monies or securities maybe de- posited, nor for the insufficiency or deficiency of any stocks, funds, or securities, nor for any other loss, unless the same shall happen through their own wilful default respectively; And also, that it shall be lawful for the said trustees or trustee for the time being to reimburse themselves and him- self, or pay and discharge out of the trust premises all ex- penses incurred in or about the execution of the trusts or powers of this my will. II. Provided always, and I hereby - declare my will . l u for two or bey that, if the saidseveral trustees hereby constituted, or trustees. any of them, or any trustee, or trust,ees\ ^opoii i iccf a o \{&[$Z / Tx y flKtns^n'UY'iULu, shall die, A or be abroad, or 'desire to be discharged, or refuse or become incapable foact, then and in every such case it shall be lawful for the said and [parties beneficially into ej> led], or the survivor of them, and, after the death of such survivor, for the surviv- ing or continuing trustees or trustee of the same premises respectively, (and for this purpose refusing or retiring trus- tee^ shall, if willing to act in the execution of this power, ' be considered continuing trustee^, or for the acting' exe-" («) These words will be omitted if there are only two trustees. 220 FORMS IN WILLS. for two or cutors or administrators of the last surviving or continuing trustee of the same premises respectively, to appoint a new trustee or new trustees in the place of the trustee or trus- tees so dying, or being abroad, or desiring to be discharged, or refusing or becoming incapable to act as aforesaid ; And MORE SETS OF TRUSTEES. c(^<-:,cn o***tf ^uciiTHAT, upon every such appointment, all the trust estatt tn wUi uzt L / ■• /4 - monietyand premises (it any m) their vested in the tru sts i in**/ '» '"^/ae-a or trustees so being abroad, or desiring to be discharged, or uJjm cn.txf>uicuUd(r refusing or becoming incapable to act as aforesaid, either ie u52< ^ . solely or jointly with the other the same respectively, or in the tees] of the same respectively, o administrators of the last surviv ng trustee of the same re- ■jp citiTTriv, m ihu oaoo may boj sn ail be so conveyed, assign- trustee [or trustees (6)] of surviving trustee [or trus- in the heirs, executors, or ed, and transferred that the same may be vested in the svtr? , * viving vr continuing truat o e- fcor trustees [o)j 01 the eamo r espe c tively juiiilly Willi such new t r us t ee [or t r ustees (ft)] , or in audi nnyvUuslee ui ■ trustees solely, as the case nid7 reqture. And that every trustee so appointed as afore- said may, either before or after the said trust premises (if any) shall have been so vested as aforesaid, act or assist in the execution of the trusts and powers in respect of which he shall be so appointed trustee, as fully and effec- '/ a tually, to - a^Hrrtctit s^a nd purpose^ as if I had hereby con- Trustees' in- stituted him a trustee. Provided always, and I hereby emni y c ause. jg^j.^ t ] la ^ ^} ie severa l trustees or trustee for the time being of this my will shall be respectively chargeable only for such monies, stocks, funds, and securities as they shall respectively actually receive, notwithstanding their signing any receipt for the sake of conformity, and shall be an- swerable and accountable only for their own acts, receipts, neglects, and defaults, and not for those of each other, nor for any banker, broker, or other person with whom any trust monies or securities may be deposited, nor for the in- sufficiency or deficiency of any stocks, funds, or securities, (a) See supra, p. 218, n. (/>). (b) These words will be omitted if there are only two trustees in 1 :uli set. TRUSTEE CLAUSES. 221 MORE SETS OF TRUSTEES. nor for any other loss, unless the same shall happen through for two or their own wilful default respectively; And also, that it shall be lawful for the said several trustees for the time being to reimburse themselves respectively, or pay and discharge out of the trust premises all expenses incurred in or about the execution of the trusts or powers of this my will. 222 CHAPTER V. MISCELLANEOUS FORMS. Sect. I. GENERAL WORDS. THERE is no question, but that all buildings, easements, and other things which are in law appur- tenant to a manor, messuage, or land will pass by the conveyance of the manor, messuage, or land itself; but the practice of conveyancers is to add to the de- scription of the property " general words," enumerat- ing every species of building, easement, or other thing which can be supposed to be appurtenant to, or to be held or enjoyed with the property. The only real use of this addition is to pass things which, though appurtenant by reputation, or used or enjoyed with the property, are not strictly appurtenant in law, and therefore would not pass unless particularly referred to; {Barlow v. Rhodes, 1 Cro. & Mee. 439; James v. Plant, 4 Ad. & Ell. 749); but this object can be quite as well attained by a general description, as by a par- ticular enumeration. The first four of the following Forms are (with some abbreviations) the four usually employed by conveyancers for the different properties to which they relate ; the fifth is a shorter Form, which may be conveniently used for any property. The clause called the "all the estate clause" is appended to all the forms, as it always follows tin 'in, except in the case of an appointment or of a demise GENERAL WORDS. 223 by a person having only a term in the property. (See 3 Martin's Conveyancing, 232, n. (n), and 542, n. (e)). I. Together with all buildings, erections, fixtures, lands, pastures, feedings, wastes, warrens, commons, mines, minerals, quarries, furzes, trees, woods, underwoods, cop- pices, and the ground and soil thereof, fences, hedges, ditches, ways, waters, watercourses, fishings, fisheries, fowl- ings, courts leet, courts baron, and other courts, views of frankpledge and all that to view of frankpledge doth belong, mills, mulctures, customs, tolls, duties, reliefs, heriots, fines, sums of money, amerciaments^- dcodando, waifs, estrays, chief-rents, quit-rents, rents-charge, rents-seek, rents of as- size, fee farm rents, services, royalties, jurisdictions, fran- chises, liberties, privileges, easements, profits, advantages, emoluments, hereditaments, and appurtenances whatsoever to the said manor or lordship, or reputed manor or lordship, [messuages, lands, &c, m < 4hb iui>n unit) In, 1 ] and heredita- ments, or any of them, appertaining, or with the same, or any of them, now or heretofore demised, occupied, or enjoyed, or reputed or known as part, parcel, or member of them, or any of them, or appurtenant thereto ; And all the estate, r ight, titloy interest, property, claim, or demand whatsoever of him the said \_ gr - emtar, or, as tlieeave may be, ■ of them the oaid ■ \_granie) , s\ and each o f them] in, - to, and e ufrof the same premises, a - nd ovory part thereof . FOR MANORS AND OTHER HEREDITA- MENTS. II. Together with all buildings, erections, fixtures, commons, hedges, ditches, fences, ways, waters, water- courses, liberties, privileges, easements, advantages, and ap- purtenances whatsoever to the said [messuages, lands, &o ^ m th(t rp'- ,r mn y h fi ~] , and hereditaments, or any of them, ap- pertaining, or with the same, or any of them, now or hereto- fore demised, occupied, or enjoyed, or reputed or known as part or parcel uf llii'M; » or - interest, prop e rty;- erf tcs^tke - ^cas e -ma^rcq^iir ey of tho rn - ^ he-s aid \_yi anto r & \ FOR MESSU- AGES AND LANDS. 224 MISCELLANEOUS FORMS. 'h. FOR MESSU- AGES AND LANDS. FOR HOUSES IN TOWNS. mill eaeh of LIilhi] in, to, and out ' o f the same premises, a nd ovory part t h£ri&f. III. Together with all outhouses, buildings, erections, fixtures, cellars, areas, courts, court-yards, cisterns, sewers, gutters, drains, ways, passages, lights, watercourses, liber- ties, privileges, easements, advantages, and appurtenances to the said messuages [or mc ss uago] and hereditaments, or any of them, appertaining, or with the same, or any of them, now or heretofore demised, occupied, or enjoyed, or reputed or known as part or parcel - of them, or any of thorn , or ap- purtenant thereto ; And all the estateV A -rg h-t, title , interest, proportjrj rlm'nij mid ' demand whatcoovcr of him the said fyfantom'] and taih uf them] - in, to } and out of - the same premises, and ovory part thereof. /^Us/uej/ '/*. FOR LANDS. '-/I. SHORT FORM FOR ANY KIM) OF PROPERTY. IV. Together with all buildings, erections, fixtures, hedges, ditches, fences, ways, waters, watercourses, liberties, privileges, easements, advantages, and appurtenances what- soever to the said [piccoo o m pnrrrli or dnron] of land and hereditaments, or any of them, appertaining, or with the same, or any of them, now or heretofore demised, occupied, 4Wens*r£- of enjoyed, or reputed or known as part or parcel of thorn ; o r any of them , or appurtenant thereto ; And all the estate, r i ght, titles interest, proporty> claim, and demand whatso o¥e*- of him - the said [ grantor, or, as t he ease may bo, , of t hem tho paid [fjwintow] ancl^gacli of them] ' in, to> and out ©£-the same premises, and ever) part iht'ieuf. V. Together with all franchises, buildings, fixtures, commons, ways, lights, sewers, watercourses (a), rights, privileges, easements, advantages, and appurtenances what- soever to the said hereditaments, or any part thereof, apper- taining, or with the same, or any part thereof, now or here- tofore enjoyed, or reputed as part or member thereof, or as (a) Such of the preceding words as do not apply to tho property should be omitted. ThUB, "franchises" applies «>nly to manors; " lights" only to houses near other buildings, and the like. GENERAL WORDS. 225 appurtenant thereto ; And all the estate, right) ritlo, inter- short form est, claim, and demand whatsoever o f him -the said [ grantor , o^ropfrty" O ff, as t ho caoc ma t / bo, of thorn tho said [ffrantor t i] - and — each of thom] in, to, and out of the same premises. VI. Together with all mills, mill-houses, boiling- houses, curing-houses, still-houses, trash-houses, and all other houses, out-houses, fixtures, erections, and build- ings now standing or being on the said plantation and lands, or any part thereof, and all ways, waters, water- courses, woods, underwoods, common of pasture, and other commons, feedings, fishings, fishing-places, rights, ease- ments, privileges, profits, commodities, emoluments, here- ditaments, and appurtenances whatsoever to the said plantation, lands, and hereditaments, or any part thereof, appertaining, or with the same or any part thereof now or heretofore demised, occupied, or enjoyed, or reputed or known as part or parcel of them, or any of them, or ap- purtenant thereto ; And also all the horses, mules, cat- tle, coppers, stills, worms, worm-tubs, ladles, skimmers, drips, pots, pans, wains, waggons, carts, carriages, planta- tion tools, and utensils upon or belonging to the said plant- ation, lands, and hereditaments, or any part thereof; And all the estate!; ri ght, title., interest, proportyv claim; and ■ de mand whataoovor of him the said [grantor for, as the c ase - may he, nf.rhem tho oai d — [yrunt o n] — and each of t hom j in, to; and out of the same premises, FOR WEST IN- DIA PROPERTY. VII. And the said [covenantor] doth hereby, for him- self, his heirs, executors, and administrators, covenant with the said [c o v e nant ee]-, his heirs [«r exeetttois and admhri - - stealor-g ; ng-t m irn n vooniw . a^ ■ «-»r4^4n>iiw^y<».ffw rt J «*-*im. , ^ Pr » mayJh&^ and assigns, that he the said [e&&e?umtw>] hath not executed or done, or knowingly suffered, or been party or privy to any deed or thing whereby or by reason or means whereof the said premises hereinbefore expressed to be granted [Q^-e^poifttedy-^i-assignedx-fe^-as^igB^ d antr- gran tod r espective l y ^ &e » y m the case may bo ]- , or any of them, or any part thereof, are, is, or may be impeached, charged, Q COVENANT AGAINST IN- CUMBRANCES BY" ONE MORT- GAGEE OR TRUSTEE. 226 MISCELLANEOUS FORMS. COVENANT AGAINST IN- CUMBRANCES BY ONE MORT- GAGEE OR TRUSTEE. affected, or encumbered in title, estate, or otherwise how- soever, or whereby or by reason or means whereof he the said [mvcnantor] is in anywise hindered from granting \pr- dppuiutiiig, — v> a&Mgniug ; — on r - capcctivcr j — aaoigning and gsaatmgi g& th& gosa mm) be] the same premises, or any of them, or any part thereof, in manner aforesaid. COVENANTS AGAINST IN- CUMBRANCES BY TWO OR MORE MORT- GAGEES OR TRUSTEES. VIII. And each of them the said [oouiiitimtu)*], so far as relates to his own acts and deeds, doth hereby, for him- self, his heirs, executors, and administrators, covenant with the said [eeve mmtesfc his heirs [or oxooutoro and admini s teatO E S, or hoiro, executors, &ed— administrators]^ and as- signs, that they the said fee traramforfrf' respectively have not executed or done, or knowingly suffered, or been party or privy to any deed or thing whereby or by reason or means whereof the said premises hereinbefore expressed to be granted [^• ■ appointed, ora o oigncd, o r aaaigiiiiU and granted r c a poGtivoly, ae the case may bo] , or any of them, or any part thereof, are, is, or may be impeached, charged, affected, or encumbered in title, estate, or otherwise howsoever, or whereby or by reason or means whereof they the said [■ aovcnuntoi &] respectively are in anywise hindered from granting [^-a-p pomtmg, -o r ao o igning, or respectively as - si gning and^'grantrng7" r i!& ' th^uusir vmy ■& &] the same pre- mises, or any of them, or any part thereof, in manner afore- said. TRUST OF ONE TERM OF YEARS TO AT- TEND THE IN- HERITANCE IN TRUST FOR A PURCHASER IX. And it is hereby agreed and declared, that the said [trustee of the term], his executors, administrators, and assigns, shall stand and be possessed of and interested in the said hereditaments and premises hereinbefore express- ed to be assigned (b) for the residue now to come therein (a) Those forms are rarely needed since the late stat. 8 & 9 Vict. c. 112, hut there are cases in which terms will still have to he as- signcd. (b) If the declaration immediately follows the hahendum, (as in tin case of a single term it generally will), the. preceding words will be omitted, and the form will read thus ■ — " To HAVE and to hold the said , and all and singular TRUSTS. 227 of the said term of years, In trust for the said [pur- trust of one chaser], his heirs [appointees (a)] and assigns, and to assign and dispose of the same as he or they shall direct, and in the meantime to permit the same to attend the reversion, free- hold, and inheritance of the said premises therein comprised, and to protect the same from all mesne incumbrances, if any such there be. TERM OF YEARS TO AT- TEND THE IN- HERITANCE IN TRUST FOR A PUR( HASF.R. X. And it is hereby agreed and declared, that the said trust of two [trustee or trustees], his [or and their respective] exe- cutors, administrators, and assigns, shall stand and be pos- sessed of and interested in the said hereditaments and pre- mises hereinbefore [to them respectively] expressed to be assigned (b), for the residue now to come therein respect- ively of the said terms of and years respectively, In trust for the said [purchaser], his heirs [appointees (c)] and assigns, and to assign and dispose of the same respect- ively, as he or they shall direct, and in the meantime to permit the same respectively to attend the reversion, free- hold, and inheritance of the said premises therein respect- ively comprised, and to protect the same from all mesne in- cumbrances, if any such there be. OR MORE TERMS OF YEARS TO AT- TEND THE IN- HERITANCE IN TRUST FOR A PURCHASER. XI. And it is hereby agreed and declared, that the trust of one said [trustee], his executors, administrators, and assigns, TERM 0F L -" » O > YEARS to at- shall stand and be possessed of and interested in the said hereditaments and premises hereinbefore expressed to be assigned (b) for the residue now to come therein of the said term of years, In trust for the said [mortgagee], TEND THE IN- HERITANCE IN TRUST FOR A MOU.TGAGLE. other the premises hereinbefore expressed to be assigned unto the said [trustee], his executors, administrators, and assigns," &c. (a) This word will be omitted if there be no power of appoint- ment limited to the purchaser. (b) See supra, p. 226, n. (b). (c) See supra, n. (a). Q 2 228 MISCELLANEOUS FORMS. trust of one his heirs and assigns, and to assign and dispose of the years*™ at- same as ne or they shall direct, and in the meantime to tend the iN- permit the same to attend the reversion, freehold, and in- HERITANCE IN,. „, .. . .. -J J a trust for a heritance or the said premises therein comprised, ana to mortgagee. p ro tect the same from all intervening charges and incum- brances, if any such there be, but subject to the same equity of redemption as the reversion, freehold, and inheritance of the same premises now are or hereafter shall be subject to, by virtue of the proviso hereinbefore contained for redemp- tion thereof. trust of two XII. And it is hereby agreed and declared, that the terms to at- sa ^ [trustee], his executors, administrators, and assigns, tend the in- sna ]i stand and be possessed of and interested in the said trust for a hereditaments and premises hereinbefore expressed to be mortgagee, assigned (a) for the several residues now to come therein of the said terms of years and years respectively, In trust for the said [mortgagee], his heirs and assigns, and to assign and dispose of the same as he or they shall direct, and in the meantime to permit the same to attend the reversion, freehold, and inheritance of the said premises therein respectively comprised, and to protect the same from all intervening charges and incumbrances, if any such there be, but subject respectively to the same equity of re- demption as the reversion, freehold, and inheritance of the said premises therein respectively comprised now are or hereafter shall be subject to, by virtue of the proviso here- inbefore contained for redemption thereof. /uf\ arbitration XTII. That, if any doubt, difference, or dispute shall clauses (b). . . j i&yte. C x.\. U 4. arise between the said , or any of them, or between & /Jl jv. J L/7»/fli£ aii y °^ tncm anc ^ tne executors, administrators, or assigns of any other or others of them, or between their respect- ive executors, administrators, or assigns, touching the con- (u) Sit s/i/n-ir, ]>. 2:20, II. (/>). (h) These clauses are particularly intended for a partnership deed, lint they may readily be adapted to any other purpose. See those, fur instance, adapted to a mining lease, 4 Martin's Conveyancing, L60. ARBITRATION CLAUSES. 229 CLAUSES. struction of these presents, or anything herein contained, arbitration or any account, valuation, appraisement, or division of as- sets, debts, or liabilities, or any other thing in anywise re- lating to the said co-partnership, or the trade, business, or affairs thereof [ -# »•- t o the-p r c misesj , then and in every such case such doubt, difference, or dispute shall be referred to the arbitration of three indifferent persons, one to be cho- sen by each of the parties so doubting, differing, or dis- puting, within one calendar month after either of them shall have made to the other a requisition to that effect, and the third by the two persons first chosen within one calendar month after they shall have been themselves chosen. That, if either of the parties so doubting, differing, or disputing respecting any such matter or thing as afore- said shall, by writing under his or their hand or hands, require the other of the said parties to refer the same to arbitration, and to name some person as arbitrator, and if the party to whom such requisition is made shall, for one calendar month after such requisition, neglect or refuse to comply therewith, or shall name a person who shall neglect or refuse to act as such arbitrator as aforesaid, then and in every such case it shall be lawful for the person chosen arbitrator on behalf of the party making such requi- sition, by writing under his hand, to appoint some person to act as arbitrator on behalf of the party who, or the arbitra- tor named by whom, shall refuse or neglect as aforesaid, and such two persons shall name a third arbitrator as aforesaid. That the said arbitrators, or any two of them, shall determine and award concerning the matters and things referred to them for arbitration as aforesaid, and (if they shall see fit so to do) require the aid and take the opinion of any accountants, counsel, or other persons, and adopt such other measures as shall appear to them expedient. That the parties so doubting, differing, or disputing as aforesaid, and all persons claiming by, from, through, or under them respectively, shall in all things obey, 230 MISCELLANEOUS FORMS. CLAUSES. arbitration abide by, observe, and perform the award and determina- tion of the aforesaid arbitrators, or of any two of them, so as the award of the said arbitrators, or of such two of them as shall concur, be made in writing under their hands, and be ready to be delivered to the said p arties respect ively, or such of them as shall desire the same, within three calendar months next after the third of such arbitra- tors for the time being shall have been named. That the said parties so doubting, differing, or dis- puting as aforesaid, and all persons claiming by, from, through, or under them respectively, shall, if required by the said arbitrators, or any two of them, attend personally, and submit to be examined relative to the matters or things referred to arbitration, and produce to and deposit with the said arbitrators, or any two of them, all deeds, letters, papers, writings, and evidence relative thereto, and do all other things which the said arbitrators, or any two of them, shall require. That the said parties respectively, and all persons claiming by, from, through, or under them respectively, if examined, and all other witnesses, shall (if thought pro- per by such arbitrators) be examined upon oath, or upon affirmation in cases where affirmation is allowed by law instead of oath. That the expenses of the arbitration, including the compensation to be made to the arbitrators for their trou- ble, and the fees and compensation to be made to any accountants, counsel, or other persons who may be called on as aforesaid, shall be in the discretion of the said arbi- trators, or any two of them, who shall direct by whom, and to whom, and in what manner the same shall be paid, and who shall be at liberty, if they see fit, to direct that any of such costs and expenses shall be reckoned as between attorney and client, and not as between party and party. That any reference to arbitration under or by virtue ARBITRATION CLAUSES. 231 of these presents may be made a rule of any of her Ma- arbitration jesty's courts at Westminster, according to the statute in clauses. that case made and provided, if such court shall so please, and either party shall be at liberty to apply to any of the said courts for that purpose, and to instruct counsel to consent thereto for the other party. LONDON: \V. W'DOHALL, PRINTER, r EMBERTON-ROW , GOUOH-SQL'ARK. ^lOSANGEL^ 3? Biji %\[ (TC ^y UC SOUTHERN REGIONAL LIBRARY FACILITY AA 000 745 446 5 (7C A F*