\iJ^ Cornell University Law Library THE GIFT OF Miss C. E. Lyon 322 S. Geneva Street, Ithaca^ N.Y. DateAp.rl.l..,.,l,....19..4.9. ounicil University Library KE 731.A62R78 1859 The Canadian conveyancer comprising a s 3 1924 016 998 399 The original of tiiis book is in tine Cornell University Library. There are no known copyright restrictions in the United States on the use of the text. http://www.archive.org/details/cu31924016998399 THE CAIADIAN CONYEYANCER; OOMPBISINa A •SELECTION OF CONVEYANCINa PRECEDENTS, OAREFUIiLY BEVISBD AND ADAPTED TO CANADIAN PllACTICE; FORMING A CORRECT AND RELIABLE COMPENDIUM OF ALL THE INSTRUiiENTS REQDIRBD TO BE USED IN THE ORDINARY TRANSACTION .-; OF LEGAL AFFAIRS. J. ROEDANS. TORONTO : J. SORDANS, LAW STATIONER, COURT STREET. 1859, B7/^ ^7 Entered according to the Act of the Frovincial Legislature, in the year of our Lord one thousand eight hundred and fifty-iiine, hy Joshua Rordans, io the Office of the Eegistrar of the Province of Canada. iO,U1'.D. The Heir and Devisee Commission, under 8 Vic. c. 8, is composed ol' the Judges of the Superior Courts of law and equity, and such other persons as may be appointed by commission under the great seal. The duties of the commissioners are to ascertain, determine, and declare in all cases brought before them, who is the party to whom the Patent ought to is.'^ue for the INTRODUOTIOK. XXXIX. lands to which such claims relate, whether made by heirs, devisees, or assignees of the original nominee of the Crown. A person having a disputed claim coming under this act should give the matter into the hands of some professional gentleman who will have his claim attended to, and it is useless for us to say any more on the subject. We may, however, remind every assignee of a Crown Land claim to give notice thereof to the proper Crown Lands' Agent as soon as possible after assignment to him. PROPERTY 01' RELIGIOUS INSTITUTIO.NS. We have some statutes in contravention as it were of the statutes of mortmain in England. By 9 Geo. IV. c. "2, and 8 Vic. c. 15, religious societies and congregations of Christians in Upper Canada can hold lands for the site of a church, chapel, meeting-house, burial ground, or residence of the minister, or for the support of public worship and the propagation of Christian knowledge. They can hold lands for the above purposes and for none other. They must appoint trustees to hold and possess the lands, and to maintain and defend actions. A deed to such trustees must be registered within 12 months after its exe- cution. The trustees may, by 13 &: 14 Vic. c. 78, mortgage lauds, so held, to secure a debt contracted for the building, repairing, extending, or im- proving a church, or for the purchase of the land, or may borrow money on mortgage for such purposes. By 18 Vic. c. 119, grantees, by patent, or trustees may lease lands for 21 years, and renew such lease at the expira- tion of any or every term of 21 years, and may bind their successors to pay for improvements on a valuation. Still the consent of the congregation to such leases niust be signified by the votes of a majority of the members present at a meeting duly called for the purpose. Trustees may sue or distrain for rent in arrear as orlinary landlords. When lands held by trustees become unnecessary to be retained for the use of a congregation or religious body, and it is deemed advantageous to sell the land, the trustees after giving public notice of an intended sale for four successive weeks in a weekly paper, may sell the land by auction or private sale, and before the deed is executed the congregation must be duly notified thereof, and the sanction of the court of Chancery be obtained for the execution of the deed. rr [HE CANADIAN CONVEYANCER. AFFIDAVIT OF EXECUTION OF DEED AND MEMOEIAL. Count ) ; of , in the Memorial named, of V maketh Oatt and saith, that he was present, and did To wit : 3 see the Indenture to which the said Memorial relates, duly executed, signed, sealed, and delivered by the therein named and that he is a subscribing Witness to the execution of the said Inden- ture, — ^that he, this deponent, also saw the said Memorial duly signed and sealed by the therein named for Registry thereof. Which said Me- morial was attested by him, this deponent, and another subscribing Wit- ness, and that both said Instruments were executed at Sworn before me at this day of 18 A Commieiioner in B.S., ^e., in and for tht Count of AGREEMENT FOR SALE OF LAND. Abtioles op Ageeement, made this day of , in the year of our Lord, one thousand eight hundred and between of the first part, and of the second part. Whereas the said part of the first part, ha agreed to sell to the part of the second part, and the part, of the second part ha agreed to purchase of and from the said part of the first part. All and Singular, th certain tract or parcel of land, being composed of together with all the privileges and appurtenances thereto belonging, at and for the price or sum of , lawfiil money of Canada, payable in manner and on the days and times hereinafter mentioned, that is to say : Now IT IS HEREBY AGREED between the parties aforesaid in manner following, that is to say : The said part of the second part for sel heirs, executors and administrators, do covenant, promise and agree, to and with the said part of the first part heirs, executors, administrators 10 THE CANADIAN and assigns, that he or they shall and will well and truly pay, or cause to be paid, to the said part of the first part, heirs, executors, adminis- trators, or assigns, the said sum of money, together with the interest thereon, on the days and times and in manner above mentioned ; and also shall and will pay and discharge all taxes, rates and assessments, wherewith the said land may be rated or charged from and after this date. In con- sideration whereof and on payment of the said sum of money with interest as aforesaid, in manner aforesaid, the said part of the first part do for sel heirs, executors, administrators, and assigns, covenant, promise, and agree, to a-nd with the said part of the second part, heirs, execu- tors, administrators, or assigns, to conygy and assure^ or cause to be con- veyed and assured, to the said part of the second part, heirs and assigns, by a good and sufficient Deed, in fee simple, with the usual cove- nants of warranty, the said piece or parcel of land, vrith the appur- tenances, freed and discharged, from all incumbrances, but subject to the ' conditions and reservations expressed in the original grant fro"m the Crown, and shall and will suffer and permit the said part of the second part, heirs and assigns, to occupy and enjoy the same, until default be made in the payment of the said sum of money, or aij,y part thereof, on the. days and times, and in manner above mentioned, subject, nevertheless, to im- peachment for voluntary or permissive waste. And it is expressly under- stood that time is to be considered the essence of the agreement, and unless the payments are punctually made, the said part of the first part, is at liberty to re-sell the said land. In Witness whereof, the said parties have hereto set their Hands and Seals, the day and year first above mentioned. Signed a-nd Sealed in presence of AGKEEMENT FOR SALE OF LAND. (^Another Form.') Articles oj' A.geeement, made and entered into, this day of in the year of our Lord, one thousand eight hundred and. Betaveen for heirs, executors, administrators, a.nd assigns, of the first part, and for heirs, executors, administrators, and assigns of the second pait. Witnessexh, that the said part of the first pa,rt, in consideration of the covenants and agreements hereinafter qon,ta,ined, on the part of the said part of the second pa,rt Do hereby agree with th,e said part of the second part to sell, to All th, with, the appurtenances, for the sum of of lawful money of Canada, to be CONVEYANCER. 11 paid at tte days and times and In manner following, that is to say : And Fukther, that he the said part of the first part will, upon re- ceiving from the said part of the second paif, executors or adminis- trators, the sum of as above provided, execute to the said part .of the second part, heirs, executors administrators, or assigns, a good and sufficient Deed of Conveyance in fee simple, for vesting the said premises, with the appurtenances, in the said part of the second part, heirs or assigns, er as he or they shall appoint, free from all incumbrances. And the said part of the second part in consideration of the premises do hereby covenant and agree with the said part of the first part to purehase the said premises, with the appurtenances, upon the terms and conditions aforesaid, and that the said part of the second part, heirs, executors, administrators, or assigns, will well and truly pay or cause to be paid to the said part of the first part heirs, executors, ad- ministrators or assigns, the said purchase money or sum aforesaid, on the days and times and in manner above provided for payment thereof, without making any deduction, defalcation or abatement thereout for or in respect of any taxes, assessments, or otherwise howsoever. And it is hereby mutually agreed, that the said part of the second part may forthwith take posssession of the said premises, and receive the rents and profits thereof to own use and benefit, as from the up to which time the said part of the first part will clear all out-goings pay- able in respect of the said premises. And that in case of default ill payment of any part of the said pur- chase money or interest as above provided, for three months after the same shall become due, the whole amount of the said purchase money shall thereupon become due and payable, and be recoverable by the said party of the first part. As Witness the hands and seals of the said parties. Signed, sealed and delivered in the presence of AGREEMENT FOR SALE OP LAND. (^Another Form.) This Agreement, made and entered into, the day of in the year of our Lord one thousand eight hundred and Between WITNESSETH, That the said party of the first part, in considera- tion of the covenants and agreements hereinafter contained, agrees to sell unto the said party of the second part, all th piece or parcel of land known and described as lot number for the sum of 12 THE CANADIAN of lawful money of Canada: and the said party of the second part, in con- sideration of the premises, agrees to pay to the said party of the first part,' the said sum of in manner following, namely : And in case default shall be made in the payment of the principal or interest, as above provided, for the period of three months after the same shall have become due as above stipulated, it is expressly understood and agreed upon between the said parties, that the whole amount of the principal sum of money hereby agreed to be paid, together with the interest thereon, shall at once become due and payable ; Further, the said party of the first jiart agrees, that on receiving payment in full of the said sum of with the interest thereon as aforesaid, he will execute and deliver to the said party of the second paa-t a good and sufficient Deed, for the conveying and assuring to him, the said party of the second part, the fee simple of the said premises, free from all incumbrances, and for the due performance of this Agreement, the said parties bind themselves, each to the other, in the penal sum of ; and it is understood, that the stipulations aforesaid, are to apply to, and to bind the heirs, executors, administrators, and assigns of the respective parties, and that the party of the second part is to have immediate possession of the premises. In Witness whereof, they, the said parties, have hereunto set their respective hands and seals on the day and yeai- first above written. In the presence of AGREEMENT FOR SALE OF LAND. {Another Form.) Articles or Agreement, made the day of in the year of our Lord one thousand eight hundred and fifty- Between of the first part, and of the of in the County of of the second part. Witness, that the part of the first part, for heirs, executors and administrators, covenants with the part of the second part, heirs and assigns, that he shall and will, on the payment of the sum of and interest thereon, on the days and times and in manner hereinafter mentioned, and also on the observance and performance of the covenants and conditions hereinafter mentioned by the part of the second part, heirs or assigns, but not otherwise, well and sufficiently convey, or cause to be conveyed, to the part of the second part, heirs and assigns, by a good and sufficient deed in fee simple, all and singular th certain parcel or tract of land and premisses situate, lying and being in .the of in the County of and Province of Canada, con- CONVETANCEK. 18 sisting of free from all incumbrances, made, suffered or created, by the part of, the first part, or any person or persons claiming by, from or under . And the part of the second part, for heirs, executors and administrators, covenant with the part of the first part, ' execu- tors and administrators, that the part of the second part, heirs, executors or administrators, shall and will well and truly pay, or cause to be paid to the part of the first part, executors or administrators, the said sum of in the manner following ; That is to say and in default of the payment of such instalments or interest in any year, within one month after any or either of the days on which the same is made pay- able, the said principal sum of or any part thereof, that at the time of such default shall be remaining unpaid, shall immediately become due and payable ; And the part of the second part, heirs, executors or administrators, shall immediately pay the same, and all interest that may be due thereon, although the day fixed for the payment of the said principal sum by these presents shall not have arrived at the time of such default ; and also shall and will pay and satisfy all rates and taxes of what nature or kind soever they may be, whether parliamentary or municipal, that are now or may hereafter be assessed upon or against the said land, or the owner or oficupier thereof, or the said principal sum of money, or any pai't thereof, during the continuance of these presents. And it is hereby further expressly agreed between the said parties hereto, that the observance and performance of the covenants and conditions herein contained, and time, as well in the payment of the interest as of the principal money as aforesaid, are strictly of the essence of this contract. In Witness Whereof the parties to these presents have hereunto set their hands and seals, the day and year first above written. Signed, sealed and delivered in presence of AaEEEMENT FOE SALE OF LAND. (^Special Form.') Articles of Agreement, made the day of in the year of our Lord, one thousand eight hundred and fifty- Between of the first part, and of the second part ; WITNESSETH as follows : That the said party of the first part, in consideration of the sum of lawful money of Canada, to be paid to the said party of the first pait, and of the covenants to be performed by the said party of the second part as hereinafter expressed, hereby agrees to sell to the said party 14 THE CANADIAN of the second part, his heirs, executors, administrators or assigns, All that certain tract of land situate with the privileges and appurtenances tiiereunto belonging. And the said party of" the second part, in consideration of the covenants herein contained oni behalf of the said party of the first part, agrees to pur- chase pf the said party of the first part, the above' described land, and to pay for the sapie to the said party of the first part, or legal representatives, the sum of lawful money of Canada, in manner following, that is to say : with interest, to be computed from the «late of these presents, on .the whole sum that shall be from time to time unpaid, and to be paid annually. And also, that will, so long as any part pf the principal or interest of the said consideration money remains unpaid, well and faithfully, in due season, in each aiud every yeaj, pay, or cause to be paid, all taxes and assessments, ordinary and 9:^traordinary, that may, for any purpose whatever, be levied or assessed on said premises, or on this contract, and that will not commit, or suffer any other person to commit, any waste or damage to the said lands, or the appmt!ena,nces, except for firewood, improvements or othei-wise, for his own use, or while clearing of the land for cultivation in the ordinary manner. The said party of the first part further covenants and agrees with the said party of the second part, that upon the faithful performance by the said: party of the second part of the covenants and agreements by to be performed:, and upon the payment of the several, sums of money above mentioned, and the interest thereon, at the times and in the manner, and at, the place above mentbned, to the said party of the first part, that there- upon the said party of the first part will well and faithfully execute and deliver, a, good and sufficient Deed or DeedS; with covenant of warranty and such other covena,nt8 and- assurances as couasel, learned in the law shall advise and require, and thereby convey to the spid party of the second pMt, heirs and assigns, a good and unincumbered title in fee simple, to the above described pre;nises, with, their, appurten^uces. It is further covenanted and agreed, by and between the said parties hereto, that the said may immediately enter on the said Land, and reinain thereon and cultivate the same as long as shall fulfil and perform all the agreements hereinbefore mentioned on par.t, to he fulfilled and performed, and no longer, and that if shall, at' any time hereafter, violate or neglect to fulfil any of said agreements, shall forfeit all right or claim under this contract, and be liable to the said for damages and shall also be liable to be removed from th.e said land in the CONVEYANCER. 15 same manner as is provided by law for the removal of r> tenant that holds over after the expiration of the time specified in his lease. And it shall be lawful for the said party of the^first part, at any time after the violation or non-fulfilment of any of the said agreemeiits on the part of the said party of the second part, to sell and convey the said land, or any part thereof, to any person whomsoever ; and the said party of the first pai-t shall not be liable in any way, nor to any person, to refund any part of the money which may have received on this contract, nor for any daniages on account of such sale. And it is hereby expressly under- stood and declared that the prompt performance of this contract is in con- tefiplation of the parties, that the time is and shall be deemed and taken as of the very essence of this contract, and that unless the saine shall in ♦ all respects be complied with by the said party of the second part at the respective times and in the manner above limited and declared, the said party of the second part shall lose and be debarred from all rights,|reme- dies or actions, either in law or equity, Tipon or under this contract. These Articles of Agreement are hereby declared to be binding on the respective parties hereto, their heirs or assigns in the sum of In Witness whereof, the parties to these presents have hereunto set their hands and seals tbe day and year first above written. Signed, sealed, and delivered in presence of AGREEMENT FOR SALE BY WAY OF LEASE, REgERVlSfG PURCHASE MONEY AS RENT. (/Special Form.) Thi^ INDENt'ure, made the day of in the year of ouf Lord one thousand eight hundred and Betaveen Whereas, the said party of the second part, hath contracted with the said party of the first part foi* the purchase of the absolute inheritance in fee simple, of, and iii all and singular the land, tenements, hereditaments and premises'hereiiiafter mentioned to be hereby demised, at and for' the principal suiii of moiiey mentioned in the first Schedule to these presents prefixed, to be paid on the days arid times, and in manner as in the said Schedule ik' particularly mentioned and specified. And whereas the said parties are willing and desirous that the said party of the second part shall go into the immediate possession and (Occupation of the said land, tenements, hereditaments and premises, and receive a conveyance of the fee simple and inheritance thereof, so soon as tie principal sum shall be fijlly and fiiith- 16 THB OANABIAN. fully paid on the days and times and in manner as in the said Schedule is particularly mentioned and specified as aforesaid, (all and singular other the covenants and agreements hereinafter contained, and which on the part and hehalf of the said party of the second part, his executors administra- tors and assigns, are to he paid, fulfilled, performed and kept, having been well and truly paid, performed, fulfilled and kept, according to the true intent and meaning of these presents,) and that in the meantime the law- ful interest on the said principal sum should be reserved and paid as rent issuing out of the said land, tenements, hereditaments and premises hereby demised : Now THERroBE this Indenture witnesseth, that in con- sideration of the premises and of the rents, covenants and agreements ^hereinafter reserved and contained, and which on the part and behalf of the said party of the second part, his executors, administrators and assigns, are to be paid done and performed, he, the said party of the first part, Hath demised, leased, set, and to farm let, and by these presents Doth demise, lease, set, and to farm let, unto the said party of the second part, his executors, administrators and assigns, All that land, tenements, here- ditaments and premises, situate, lying and being in the in the County of in the Province aforesaid, particularly described in the second Schedule to these presents prefixed, together with all out^houses, waters, and water-courses thereon erected, lying or being, and all and singu- lar other the rights, members and appurtenances thereunto belonging, or in anywise appertaining. To have and to hold the said land, tenements, hereditaments and premises hereby demised, or intended so to be, with the appurtenances thereunto belonging, unto the said party of the second part, his executors, administrators and assigns, from the day of in the year of our Lord one thousand eight hundred and for and during, and unto the full end and term of years from thence next ensuing, and fully to be completed and ended. Subject nevertheless to the reservations, limitations, provisoes and conditions expressed in the original grant thereof from the Crown, yielding and fating therefor, yearly and every year during the said term hereby demised, unto the said party of the first part, his heirs, executors, administrators and assigns, the yearly rent or sum of of lawful money of Canada, in even and equal yearly payments on the day of and day of in each and every year during the said term, without any deduction, defal- cation or abatement thereof, or out of any part thereof, for or in respect of any taxes, rates, levies, charges, rents, assessments, statute labour, or other imposition of what nature or kind soever, either already taxed, rated, levied, charged, assessed or imposed, or hereafter to be taxed, rated, levied, charged, CONVKTANCER. 17 assessed or imposed, whether the same be now due, or shall hereafter be- come due, on the said demised premises or any part thereof, or on the said rent or any pai-t thereof, or on the said principal sum of money specified in the Schedule first above mentioned or any part thereof, or on either of the said parties to these presents, their or either of their heirs, executors, administrators or assigns, or any of them in respect thereof, or any part thereof, by authority of Parliament or otherwise howsoever, the first payment of the said rent hereby reserved to be made on the day of in the year of our Lord one thousand eight hundred and Provided always nevertheless, that on payment of any instalment or instalments of the said principal sum specified in the Schedule first above mentioned, according to the covenant hereinafter contained, for payment thereof, and the true intent and meaning of these presents, the said rent hereby reserved, shall from thenceforth be pro- portionably reduciad, so as at no time to exceed the annual lawful interest on such part of the said principal sum as shall from time to time remain due and owing after the payment of such instalment or instalments respec- tively ; And provided always also, that if the said yearly rent or any part thereof, or the said principal sum of money specified in the Schedule first above mentioned or any part thereof, shall at any time or times here- after be behindhand and unpaid by the space of thirty days next after any or either of the days on which the same or any part thereof ought to be paid, as herein or hereby provided, according to the true intent and mean- ing of these presents. Or if the said party of the second part, his execu- tors, administrators, or assigns, or any of them, shall at any time assign, or set over, or demise, or underlease the said demised premises, or any psa-t thereof, or in any other manner part with the possession of the same, to any person or persons whomsoever, for all or any part of the said demised term, without the special license or consent of the said party of the first part, his heirs or assigns, first had in writing under hand and seal. Or if the party of the second part, or any one acting under or claiming from him, shall at any time during the continuance of these presents commit or sufiFer to be committed any waste or destruction to any of the timber upon the said land, for any other purpose whatsoever than bringing thejand into cultivation, Then and in any and every of the said cases it shall and may be lawful for the said pai'ty of the first part, his heirs or assigns, into the said demised premises or any part thereof, in the name of the whole to re- enter, and out of the same to eject, expel, amove, and put out the said party of the second part, his executors, administrators and assigns, and the game to have again, re-possess and enjoy, in his and their first and former 18 THE CANADIAN estate, and froth the time of any such re-entry by the said party of the first part, his heirs or assigns, the said term hereby demised, or so much thereof as shall be then unexpired, and these presents and every .clause, matter and thing therein contained. Shall cease and determine, and forever thereafter be null and void to all intents and purposes whatsoever, anything herein contained to the contrary thereof in anywise notwithstanding. And the said party of the second part Doth hereby for himself, his heirs, executors, administrators and assigns, covenant, promise and agree, to and with the said party of the first part, his heirs and assigns, in manner following, that is to say : That he, the said party of the second part, his heirs, executors, administrators and assigns, or sonie of them, shall and will, well and truly pay or cause to be paid unto the said party of the first part, his heirs, executors, administrators or assigns, the said yearly rent, on the days and times and in manner hereinbefore mentioned, for payment thereof, accord- ing to the true intent and meaning of these presents. And also that HE the said party of the second part, his heirs, executors, administrators or assigns, or some of them, shall and will, during the said term hereby de- mised, pay, do and perfonh all taxes, rates, levies, charges, rents, assess- ments, statute labour, or other imposition above mentioned, lawfully charged; or to be charged, whether the same be now due, or shall hereafter become due, on the said demised premises, on the said rent, or on the said principal sum of money specified in the Schedule first above mentioned, or on any part thereof, or on any person or persons in respect thereof, or any part thereof, as aforesaid ; And also that he the said party of the Secorid part, his executors, administrators or assigns, or any of them, shall not nor will at any time or times during j. the said term hereby demised, assign or set over, underlet or underlease, the said demised premises; or any part thereof, or in any other manner part with the posses- sion of the same or any part thereof during any part of the said demised term, without such special license and consent as is herein before specified, as aforesaid ; And also, that he the said party of the second part, or any one acting under or claiming from him, shall not at any time, during the continuahce of these presents, commit, or suffer to be committed, any Waste or destruction to any of the timber upon the same land, for any other purpose than bringing' the land into cultivation ; And also that ni the said ' party of the second part, his heirs, executors, administrators or assigns, or some of them; shall and will well and truly pay or cause tb be paid, unto the said party of the first part his heirs, executors, adihinistrators or assigns, the full and just sum of of lawful money of Canada, on the daysamd times and in manner particularly mentioned and specified in the CONVEYANCEE. 19 Schedule first above mentioned, according to the true intent and meaning of tlie provisions contained in the said Schedule. And the said party of the first part, Poth hereby for himself, his heirs, executors, administrators and assigns, covenant, promise, and agree, to and with the said party of the second part, his executors, administrators and assigns, in manner following, that is to *iy. That upon the due and faithful payment, performance and fulfilment, by the said party of the second part, his executors, administrators or assigns, of all and singular the covenants and agreements herein contained, and which on the part and behalf of the said party of the second part, his executors, ad- ministirators and assigns, are to be paid done and performed, he the said party of the first part, his heirs or assigns, shall and will, at the expiration or other sooner determination of the said term hereby demised, upon and at the request of the said party of the second part, his executors, administra- tors or assigns, made to and upon him the said party of the first part, his heirs, executors, administrators or assigns, or any of them, but at the proper costs and charges in the law of the said party of the second part, his executors, administrators or assigns, well and sufficiently convey and assure, or cause to be well, and sufiiciently conveyed and assured, unto the said party of the second part, and his heirs, in fee simple absolute, or to such person or persons as his, her or their heirs, in fee simple absolute, as tiie said party of the second part, his executors, administrators or assigns, shall nominate and appoint, and to such uses as he or they shall direct, all and singular the said land, tenements, hereditaments and premises hereby demised by such conveyances and assurances in the law, as by the said party of the second part, his executors, administrators or assigns, or his or their counsel learned in the law, shall or may be reasonably devised, advised or required, freed and discharged of and from all dower right or claim of dower, whether then already vested or as yet inchoate and on the death of any person or persons whomsoever, and of and from all other in- cumbrances whatsoever. But subject nevertheless to the reservations, limi- tations, provisoes and conditions expressed in the original grant thereof from the Crown. With the proper covenants against the grantor or grantors in such conveyances and assurances, and all persons lawfully claiming by, through or under him, her, them, or any of them, For good title free from such incumbrances. For right to convey, and For quiet enjoyment, And the ordinary covenant for further assurance therein contained. But that the party of the first part, his heirs or assigns, shall not be bound to give copies of any of the title deeds, documents, or muniments, pertaining to or connected with the said land and premises, or to covenant for the pro- duction of the said title deeds, documents, or muniments, or any of them. 20 THB CANADIAN And it is hereby further expressly agreed upon by and between the said parties, that in case at any time any of the rent or interest aforesaid or of the purchase money shall remain unpaid by the space of months after the same shall have fallen due, the party of the first part, his heirs or assigns shall have full power to resell the said land at the best price which can be reasonably got for the same, and thereby utterly extinguish and bar all claim, interest and title of the party of the second part, and all claiming under or by him in the same land — such resale to be either for ca«h or upon such customary credit as the party of the first part, his heirs or assigns, may determine to be the most advantageous for his own interest or that of ~ the party of the second part. And that the party of the first pai't, his heirs or assigns, may in the first place pay himself the expenses of such resale, and the whole of the claim due, or to become due, by the party of the second part, or any one claiming by or under him, out of the proceeds of such resale, and pay the balance (if any there be) when collected, over to the party of the second part, or the person entitled thereto ; And that the party 'of the second part, or those claiming by or under him, shall be answerable to the party of the first part, his heirs or assigns, for any deficiency which may happen to be produced by the resale between the sum then due and to become due, under these presents, to the party of the first part, his heirs or assigns, and the proceeds of such resale ; And it is further agreed that the receipt of the party of the first part, his heirs, executors, adminis- trators or assigns, shall at all times be a full acquittance to the purchaser or purchasers at such resale, who shall in no manner be accountable to the party of the second part, or any one claiming by. or under him, for or in respect of anything whatsoever connected with the said land. In WITNESS WHERBOF, the parties to these presents have hereunto set their hands and affixed their seals respectively, the day and year first above written. Signed, sealed and delivered by ~j Signed, sealed and delivered by ") the said party of the first part, v the said 'party of the second > in the presence of 3 part, in the presence of J CONVEYANCER. 21 1 The first Schedule to which the foregoing Indenture doth refer. (Wherein is particularly set forth the amonnt of purchase money, and the timei and manner of payment thereof.) The full and just sum of of lawful money of Canada, payable and to be paid, (together with the interest thereon reserved as rent, and payable as in the said Indenture particularly specified) on the days and times, and in manner following — that is to say : 2 The Second Schedtde to tohich the foregoing Indenture doth refer. (Wherein is particularly set forth the description of the premises contracted for * and demised.) All that land, tenements, hereditaments and premises, situate, lying, and being in the of in the County of in the Province aforesaid, being composed of APPRENTICESHIP INDENTURE. This Indenture, made the day of in the year of our Lord one thousand eight hundred and WITNESSETH that of in the County of in the Province of Canada, Hath put and placed out, and by these presents. Doth put and place out And the said Doth hereby put, place, and bind out himself as an Ap- prentice to of to learn the Art, Trade, or Mystery of and with his said Master, after the manner of an Apprentice, to serve from the day of one thousand eight hundred and until the full end and term of years from thence next ensuing, and fully to be complete and ended. During all which time the said Apprentice shall well and faithfully serve his said Master, his secrets keep, his lawful commands every where 22 THE CANADIAN and at all times readily obey. He shall do no damage to his said Master, nor suffer any to be done by others ; and if any to his knowledge be in- tended, he shall forthwith give his said Master seasonable notice thereof. He shall not waste the goods of his said Master, nor lend them unlawfully to any. He shall not play at cards, dice, or other unlawful games. He shall not contract matrimony during the said term. He shall not haunt or frequent Taverns, Drinking Saloons, or places of Gaming, nor absent himself from the service of his said Master. Bri in all things, and at all times, during the said term, he shall behave himself towards his said Mas- ter and all his, as a good and faithful Apprentice ought to do. FoE the DUE AND FULL observance and performance of all which said Articles by the said Apprentice, the said and with the said do hereby respectively covenant, promise and agree In consideration whereof, 'the said doth hereby covenant with the said that he will at all times, during the said term, to the best of his means and ability, teach and instruct, or causa to be taught and instructed, his said Apprentice in the Art, Mystery, or Trade of a which he useth ; And also pay unto the said ' for the use of his said Apprentice, the several sums following, that is to say: — And the said agrees to find unto the said Apprentice, during the said term. In Witness whereof, the said parties have interchangeably to these Indentures set their hands and seals. Signed, sealed and delivered in the presence of ARBITRATION DEED. This Indenture, made the day of in the year of our Lord one thousand eight hundred and Between of the first part, and of the second part. Whereas disputes and differences have arisen, and are now depending, between the said parties of the first and second parts in reference to and in order to put an elid thereto, and to obtain an amicable adjust^ ment thereof, the said parties of the first and second parts have respectively agreed to refer the same to the Award Order Arbitrament, final end and determination of and Arbitrators, indifferently chosen, by and on behalf of the said parties respectively : And in the event of the said two Arbitrators hereby appointed, not being able to agree within one month from the date of these Presents upon their said award, then it shall and. may be lawfal for: them to appoint some fit person as third- arbitrator; CONVEYANCER. 2S by a memorandum, in writing, under their hands, to be endorsed on these Presents ; and the award of any two of them shall be final and conclusive, botl^ at Law and in Equity, upon both of the sai released, conveyed and confirmed, and by these presents do grant, bargain, sell, release, convey and confirm, unto the said part of the third part, heirs and assigns, All and Singular, th certain parcel or tract of land and premises, situate, lying and being in the Together with all and singular the houses, out-houses, edifices, barns, stables, yards, gardens, orchards, trees, woods, underwoods, fences, ways, waters, water-courses, lights, liberties, privileges, easements, profits, com- modities, emqluments, hereditaments and appurtenances, whatsoever, to the said parcel or tract of land and premises belonging, or in anywise appertaining, or therewith demised, held, used, occupied and enjoyed, or taken or known as part or parcel thereof; and also the reversion and rever- sions, remainder and remainders, yearly and other rents, issues and profits thereof, and of every part and parcel thereof; and all the estate, right, title, interest, inheritance, use, trust, property, profit, possession, claim and demand whatsoever, both at law and in equity, of the said part of the CONVEYANCER. 109 first part, in, to, out of, or upon the said lands and premises, and every part and parcel thereof, with their and every of their appurtenances : To haye AND TO HOLD the same lands, tenements, hereditaments, and all and singu- lar other the premises herehy conveyed or intended so to he, with their and every of their appurtenances, unto the said part of the third part, heirs and assigns, to the sole and only use of the said part of the third part, heirs and assigns, forever. Subject, nevertheless, to the reservations, limitations, provisoes and conditions, expressed in the original grant thereof from the Crown. And This Indenture eurther Witnesseth, that the said party of the second part, with the privity and full approhation and consent of her said husband, testified by his being a party to these presents, in considera- tion of the premises, and also in consideration of the further sum of Five Shillings of lawful money of the Province of Canada aforesaid, to her by the said part of the third part in hand well and truly paid, at or before the sealing and delivery of these presents (the receipt whereof is hereby acknowledged), hath granted and released, and by these presents doth grant and release unto the said part of the third part, heirs and assigns, all Dower, and all right and title thereto, which she the said party of the second part now hath, or in the event of surviving her said husband, might or would have, in, to, or out of the lands and premises hereby conveyed, or intended so to be. And the said part of the first part do hereby for heirs, execu- tors and administratorSj covenant, promise and agree, with and to the said part of the third part, heirs and assigns, in manner following, that is to say : That the said part of the first part, now ha in good right, full power, and absolute authority to convey the said lands, and other the premises hereby conveyed, or intended so to be, with their and every of their appurtenances, unto the said part of the third part, in manner aforesaid, and according to the true intent and meaning of these presents : And that it shall be lawful for the said part of the third part, heirs and assigns, from time to time and all times hereafter, peaceably and quietly to enter upon, have, hold, occupy, possess and enjoy the said lands and premises hereby conveyed, or intended so to be, with their and every of their appurtenances, and to have, receive, and take the rents, issues and profits thereof, and of every part thereof, to and for and their use and benefit, without any let, suit, trouble, denial, eviction, interruption, claim or demand whatsoever, of, from or by the said part of the first part, or heirs, or any other person or persons whomsoever : And that free and clear, and freely and absolutely acquitted, exonerated, and for ever 110 THE CANADIAN discharged, or otherwise by the said part of the first part, or heirs, well and sufficiently saved, kept harmless, and indemnified, of, from, and against any and eveiy former and other gift, grant, bargain, sale, jointure, dower, use, trust, entail, will, statute, recognizance, jiidgment, execution, extent, rent, annuity, forfeiture, re-entry, and any and every other estate, title, charge, trouble and incumbrance whatsoever : And lastly, that the said part of the first part, heirs, executors or administrators, and all and every other person whomsoever, having or claiming, or who shall or may hereafter have or claim any estate, right, title or interest whatsoever, either at law or in equity, in, to, or out of the said lands and premises hereby conveyed, or intended so to be, or any of them, or any part thereof, by, from, under or in trust for them, or any of them, shall and- will, from time to time, and at all times hereafter, upon every reasonable request, and at the costs and charges of the said part of the third part, heirs or assigns, make, do, or execute, or cause to be made, done or executed, all such further and other lawful acts, deeds, things, devices, conveyances and assurances in the law whatsoever, for the better, more perfectly and abso- lutely conveying and assuring the said lands and premises hereby conveyed, or intended so to be, and every part thereof, with their appurtenances, unto the said part of the third part, heirs and assigns, in manner aforesaid, as by the said part of the third part, heirs and assigns, or their counsel in the law, shall be reasonably devised, advised or required; so as no person who shall be required to make or execute such assurances shall be compellable, for the making or executing thereof, to go or travel from his usual place of abode. In witness whereof the said parties to these presents have hereunto set their hands, and affixed their seals, the day and year first above written. Signed, sealed and delivered in presence of Received, on the day of the within Indenture, the sum of of lawful money of Canada, being the full consideration therein mentioned. Signed in presence of DEED OF BARGAIN AND SALE. {Qualified Covenants.') This Indenture, made the day of in the year of our Lord one thousand eight hundred and Between of the first part : wife of the said party of the first part, of the second part ; and of the third part ; "WITNESSETH, that the said party of CONVEYANCKB. Ill the first part, for and in consideration of the sum of of lawful money of Canada, to him by the said part of the third part, in hand well and truly paid, at or before the sealing and delivery of these presents (the receipt whereof is hereby acknowledged) hath granted, bargained, sold, released, conveyed and confirmed, and by these presents doth grant, bargain, sell, release, convey and confirm, unto the said part of the third part, heirs and assigns. All and singular th certain parcel or tract of land and premises, situate, lying and being in the Togethee with all and singular the houses, out-houses, edifices, barns, stables, yards, gardens, orchards, trees, woods, underwoods, fences, ways, waters, water-courses, lights, liberties, privileges, easements, profits,' commodities, emoluments, hereditaments and appurtenances whatsoever, to the said parcel or tract of land and premises belonging, or in anywise appertaining, or therewith demised, held, used, occupied and enjoyed, or taken or known as part or parcel thereof, and also the reversion and reversions, remainder and remain- ders, yearly and other rents, issues and profits thereof, and of every part and parcel thereof ; and all the estate, right, title, interest, inheritance, use, trust, property, profit, possession, claim and demand whatsoever, both at law and in equity, of him the said party of the first part, in, to, out of, or upon the said lands and premises, and every part and parcel thereof, with their and every of their appurtenances : To have and to hold the same lands, tenements and hereditaments, and all and singular other the premises hereby conveyed or intended so to be, with their and every of their appur- tenances, unto the said part of the third part heirs and assigns, to the sole and only use of the said part of the third part, heirs and assigns, forever. Subject, nevertheless, to the reservations, limita^ tions, provisoes and conditions, expressed in the original grant thereof from the Crown. And this Indentttee further witnesseth, that the said party of the second part, with the privity and full approbation and consent of her said husband, testified by his being a party to these presents, in considera- tion of the premises, and also in consideration of the further sum of Five Shillings of lawful money of the Province of Canada aforesaid to her by the said part of the third part in hand well and truly paid at or before the sealing and delivery of these presents (the receipt whereof is hereby acknowledged), hath granted and released, and by these presents doth grant and release, unto the said part of the third part, -heirs and assigns, all Dowee, and all right and title thereto, which she, the said party of the second part, now hath, or in the event of surviving her said husband might or would have, in, to, or out of, the lands and premises hereby conveyed or intended so to be. 112 THE CANADIAN And the said party of the first pArt doth hereby, for himself, his heirs, executors and administrators, covenant, promise and agree, with and to the said part of the third part, heirs and assigns, in manner fol- lowing, that is to say : That for and notwithstanding any act, deed, matter or thing by the said party of the first part, done, executed, committed, or knowingly or wilfully permitted or suffered to the contrary, he the said party of the first part, now hath in himself good right, full power, and absolute authority to convey the said lands and other the premises hereby conveyed or intended so to be, with their and every of their appurtenances, unto the said part of the third part, in manner aforesaid, and according to the true intent of these presents ; And that it shall be lawful for the said part of the third part, heirs and assigns, from time to time and at all times hereafter, peaceably and quietly to enter upon, have, hold, occupy, possess and enjoy the said lands and premises hereby conveyed, or intended so to be, with their and every of their appurtenances, and to have, receive, and take the rents, issues and profits thereof, and of every part thereof, to and for and their use and benefit, without any let, suit, trouble, denial, eviction, interruption, claim or demand whatsoever, of, from or by him the said party of the first part, or his heirs, or any person claim- ing,, or to claim by, from, under or in trust for him, them, or any of them : And that free and clear, and freely and absolutely acquitted, exonerated, and for ever discharged, or otherwise by the said party of the first part, or his heirs, well and sufficiently saved, kept harmless, and indemnified, of, from, and against any and every former and other gift, grant, bargain, sale, jointure, dower, use, trust, entail, will, statute, recognizance, judgment, execution, extent, rent, annuity, forfeiture, re-entry, and any and every other estate, title, charge, trouble, and incumbrance whatsoever, made, exe- cuted, occasioned, or suffered by the said party of the first part, or his heirs, or by any person claiming or to claim, by, from, under or in trust for him, them, or any of them : And lastly, that he the said party of the first part, his heirs, executors or administrators, and all and every other person whomsoever having or claiming, or who shall or may hereafter have or claim any estate, right, title or interest whatsoever, either at law or in equity, in, to, or out of the said lands and premises hereby conveyed, or intended so to be, or any of them, or any part thereof, by, from, under or in trust for him, them, or any of them, shall and will, from time to time and at all times hereafter, upon every reasonable request, and at the costs and charges of the said part of the third part heirs or assigns, make, do or execute, or cause to be made, done or executed, all such further and other lawful acts, deeds, things, devices, conveyances and assurances in the CONVEYANCER. 113 law whatsoever, for the better, more perfectly and absolutely conveying and assuring the said lands and premises hereby conveyed, or intended so to be, and every part thereof, with their appurtenances, unto the said part of the third part heirs and assigns, in manner aforesaid, as by the said part of the third part, heirs and assigns, or their counsel in the law, shall be reasonably devised, advised or required, so as no such further assurances contain or imply any further or other covenant or warranty than against the acts and deeds of the person who shall be required to make or execute the same, and his heirs, executors or admiuistrators only, and so as no person who shall be required to make or execute such assur- ances shall be compellable, for the making or executing thereof, to go or travel from his usual place of abode. In "Witness whereof the said parties to these presents have hereunto set their hands, and aflSxed their seals, the day and year first above written. Signed, sealed and delivered in presence of Received, on the day of the date of the within Indenture, the sum of of lawful money of Canada, being the full consideration therein mentioned. Signed in presence of DEED OF BARGAIN AND SALE. (^Froni two Joint Tenants, on sale in Lots.) This Indbntuke, made the day of in the year of our Lord one thousand eight hundred and Between A. B., of, &c., and C. D. his wife, of the first part; E. F., of, &c., of the second part; and of the third part. Whereas, the said A. B. and E. F. have contracted and agreed with the said for the sale to of the parcel or tract of land and premises hereinafter mentioned or described at or for the price or sum of And whereas, at the time of entering into such contract it was agreed that the sum of should be paid by the said to the said A. B. and E. F. in part payment of the said pur- chase money, and that the sum of the residue thereof, should be secured to them by a Mortgage of the said land and premises : And in pursuance of the said agreement, the said Hath paid to the said A. B. and E. F. the said sum of as they do hereby respectively admit and acknowledge : And in further pursuance of the said agreement, an Indenture, by way of Mortgage of the said lands and hereditaments. Hath already been prepared, and is intended to bear even date with, but to be executed immediately after the execution of these presents, for secur- 114 THE CANADIAN. ing the payment by the said to the said A. B. and E. F., of the said sum of Now THIS Indenture Witnesseth, that in pursuance of the said agreement on the part of the said A. B. and E. E,, and for the considera- tions hereinbefore expressed, and also in consideration of Five Shillings of lawful money of Canada to each of them, the said A. B. and C. D. his his wife, and B. P., paid by the said at or immediately before the execution of these presents, the receipt whereof they do hereby respectively acknowledge, they, the said A. B. and C. D. his wife, and E. F., (and as to the said CD., for the purpose, and for the purpose only, of barring and extinguishing her right and title to Dower of and in the said parcel or tract of land and premises,) Have, and each and every of them Hath, granted, bargained, sold, aliened, released, conveyed, assured, and confirmed, and by these presents Do and each and eveiy of them Doth grant, bargain, sell, alien, release, convey^ assure and confirm unto the said his heirs and assigns. All and Singular, th certain parcel or tract of land and premises situate lying and being in the Together with all and singular, houses, out-houses, buildings, yards, gardens, woods, ways, fences, waters, water-courses, easements, liberties, privileges, profits, emolu- ments, hereditaments, and appurtenances, whatsoever, to the said parcel or tract of land and premises, belonging or in any wise appertaining, or therewith used and enjoyed or known or taken as a part or parcel thereof, or of any part thereof: And the reversion and reversions, remainder and remainders, yearly and other rents, issues and profits thereof. And all the estate, right, title, interest, dower, and right and title to dower, and particularly the dower or right and title to dower of her the said CD., use, trust, inheritance, property, claim, and demand, both at law and in equity, of them the said A. B. and C D. his wife, and E. F., and each and every of them, of, in, to, or out of the same parcel or tract of land, and hereditaments, and every part and parcel thereof; To have AND to hold the said parcel or tract of land, hereditaments, and all and singular other the premises hereby conveyed, or intended so to be, with their and every of their rights, members and appurtenances, unto the said his heirs and assigns, to the sole and only use of the said his heirs and assigns, for ever. Subject, nevertheless to the reservations, limitations, provisoes and conditions expressed in the original grant thereof from the Crown. And the said A. B., so far only as con- cerns one undivided moiety or equal half part of the said parcel or tract of land and hereditaments hereby conveyed or intended so to be, and the acts, deeds, and defaults, of the said A. B., and of those claiming under CONVEYANCER. 115 him, and the said E. ¥., so fai- only as concerns the other undivided moiety or equal half part of the said pai-cel or tract of land and premises, and the acts, deeds, and defaults, of the said E. F., and of those claiming under him, do hereby for themselves respectively, and for their respective heirs, executors and administrators, covenant, promise, and agree, to and vfith the said his heirs and assigns, in manner following, that is to say : That they, the said A. B. and B. P., at the time of the sealing and delivery of these presents, are, or that one of them is, rightfully and lawfully seized of a good sure, perfect, absolute, and indefeasible estate of inheri- tance, in fee simple, of and in the said parcel or tract of 'land and here- ditaments hereinbefore described, and hereby conveyed or intended so to be, with their and every of their appurtences, and of and in every part and parcel thereof, without any manner of reservation, limitation, proviso, or condition, or any other matter or thing, to alter, charge, incumber, or defeat the same, save and except as appears by these presents : And also, that they now have in themselves, or one of them now hath in himself, good right, full power, and lawful and absolute authority, to grant, bargain, sell, convey and assure, the said parcel or tract of land and hereditaments hereby conveyed or intended so to be, and every part and parcel thereof, with the appurtenances, unto the said his heirs and assigns, in manner aforesaid, according to the true intent and meaning of these Presents : And also, that it shall and may be lawful to and for the said his heirs and assigns, peaceably and quietly to enter into, and upon, have, hold, use, occupy, possess, and enjoy, the said land and premises, with the appurtenances, and to take the rents and profits thereof to and for his and their own use, without any eviction, interruption, hindrance, or denial whatsoever, from or by the said A. B. and E. F., respectively, or any person or persons whom- soever having or rightfully claiming or to claim any estate, right, title, or interest at law or in equity, of, in, to, or out of the same land and heredi- taments or any part thereof, by, from, through, under or in trust, for them, or either of them ; And that free and clear, and freely and clearly acquitted, exonerated and discharged of and from all arrears of Taxes and Assess- ments whatsoever due or payable upon or in respect of the said land and premises or any part thereof, and of, and from all former conveyances, mortgages, rights, annuities, debts, judgments, executions and recognizances, and all manner of other charges and incumbrances whatsoever (save and except a certain Indenturetf Mortgage bearing date, &c., and made be- tween, &c., for securing the sum of money in the same Indenture of Mort- gage mentioned ;) And also that upon payment by the said his 116 THE CANADIAN heirs, executors, administrators or assigns, of the said sum of with interest for the same, at the rate, and on and at the respective days and times and in manner in and by the said hereinbefore in part recited Inden- ture of Mortgage of even date with these presents, limited and appointed for payment thereof, respectively, they the said A. B. and E. ¥., their heirs, executors, or administrators, shall and will cause and procure the said lands and hereditaments hereinbefore described, and hereby conveyed, or intended so to be, and every part thereof to be well and ejSFectually released and discharged by the said his heirs, executors, adminis- trators or assigns, of and from the said Indenture of Mortgage of the day of one thousand eight hundred and hereinbefore recited or referred to, so and in such manner as that the same shall cease to be a •charge or incumbrance upon the same land and hereditaments, or any part thereof, in any manner whatsoever, and shall and will in the meantime, well and sufficiently indemnify, save harmless and keep indemnified the said his heirs and assigns, and his and their lands and tenements, goods and chattels, and particularly the lands and hereditaments hereby conveyed, or intended so to be, and every part thereof, of, from, and against the same Indenture of Mortgage, and all payments, charges, covenants, stipulations and agreements therein contained, and on the part and behalf of the said A. B. and E. P., their heirs, executors, administrators or assigns, or any of them to be inade, executed, done or performed : And LASTLY, that they the said A. B. and E. F., their heirs and assigns, and all and every other person or persons whomsoever, having and lawfully claiming, or who shall or may have or lawfully claim any estate, right, title, trust or interest, of, in, to, or out of the said lands and premises hereby conveyed or intended so to be, or any part thereof, with their appurtenances, by, from, under or in trust for them, the said A. B. and E. F., or either of them, their, or either of their heirs or assigns, shall and will from time to time, and at all times hereafter, at the proper costs and charges in the law of the said his heirs or assigns, make, do, suffer and execute, or cause or procure to be made, done, suffered, and executed, but subject nevertheless, and without prejudice to the said Indenture of Mortgage of even date with these presents, and to the said Mortgage, to the said and the cove- nant hereinbefore contained in relation thereto. All such further and other reasonable act and acts, deed and deeds, devices, conveyances and assur- ances in the law, for the further, better and more perfectly and absolutely con- veying and assuring of the said lands and hereditaments, with the appur- tenances, unto the said his heirs and assigns, as by the said his CONVEYANCER. 117 heirs and assigns, or his or their counsel in the law, shall be reasonably devised, advised or required. In witness whereof the said parties to these presents have hereunto set their hands and seals the day and year first above written. MEMORIAL TO DEED OP BAEGAIN AND SALE. A Memorial (to be Registered pursuant to the Acts of Parliament in that behalf,) of an Indenture oe Bargain and Sale, bearing date the day of in the year of our Lord one thousand eight hundred and And made Between of the first part ; wi of the said part of the first part, of the second part , and of the third part : "Whereby it is Witnessed, that the said part of the first part, in consideration of the sum of of lawful money of Canada, the receipt whereof is thereby acknowledged. Did grant, bargain, seO, release, convey, and confirm unto the said part of the third part, heirs and assigns. All and Singular, th certain parcel or tract of land and premises, situate, lying and being in the in the county of &c. To hold the same, with all the privileges and appurtenances thereof, to the said part of the third part, heirs and assigns, to and their own use for ever ; And the said party of the second part thereby barred her Dower of and in the said lands and premises. Which said Indenture is witnessed by And this Memorial thereof is hereby required to be registered by the said therein mentioned. As Witness, hand and seal this day of 18 Signed and sealed in presence of County of to wit : of maketh oath and saith, that he was present, and did see the Deed to which the within Memorial relates duly executed by therein named : And also, (together with another subscribing witness,) that he did see duly execute the said Memorial, and that he, deponent, is a subscribing witness to said Deed and Memorial, and that both the said Instruments were executed at in the County of Sworn before me at in the Count of this day of 185 A Commissioner for taking A^daviis in the Queen^s Bench, in and for the Count of 118 THE CANADIAN DEED OF BARGAIN AND SALE. {Short Form under Statute.) This Indenture, made the day of one thousand eight hundred and in pursuance of the Act to facilitate the conveyance of real property, Between of the first part; wife of the said party of the first j)art, of the second part ; and of the third, part ; WITNESSETH, that in consideration of of lawful money of Canada, now paid by the said party of the third part, to the said party of the first part, (the receipt whereof is hereby by him acknowledged), he the said party of the first part, doth grant unto the said party of the third part, heirs and assigns for ever, All and Singular, th certain parcel or tract of land and premises, situate, lying, and being in the To have and to hold unto the said party of the third part, heirs, and assigns, to and for and their sole and only use for ever. ' Subject nevertheless, to the reservations, limitations, provisoes, and conditions expressed in the original grant thereof from the Crown , [^And subject, also, to the payment of a Mortgage made hi/ the party of the third part to the party of the first part, for securing tKe sum of hearing date the day of one thousand eight hundred and ] The said party of the first part, covenants with the said party of the third part, that he has the right to convey the said lands to the said party of the third part, notwithstanding any act of the said party of the first part. And that the said party of the third part shall have quiet possession of the said lands, free from all incumbrances. And that the said party of the first part will execute such further assurances of the said lands as may be requisite. And that he will produce the title deeds enumerated here- under, and allow copies to be made of them, at the expense of the said party of the third part. And that the said party of the first part has done no act to incumber the said lands. And the said party of the first part, releases to the said party of the third part, all his claims upon the said lands. And the said party of the second part, wife of the said party of the first part, hereby bars her Dower in the said lands. In witness whereof the said parties have hereunto set their hands and seals. Signed, sealed, and delivered in the presence of Received, on the date of this Indenture, the sum of of lawful money of Canada, being the full consideration herein mentioned. Witness CONVEYANCEB. 119 DEED OF BARGAIN AND SALE UNDER STATUTE. (^Another Form.') This Indenture made the day of in the year of our Lord one thousand eight hundred and in pursuance of the Act to facili- tate the conveyance of real property, Between WItneseth, that in consideration of of lawful money of Canada, now paid by the part of the part to the part of the first part, the receipt whereof is hereby acknowledged by the said part of the first part, the said part of the first part. Do hereby grant unto the said part of the part, heirs and assigns for ever : All and singular th certain parcel or tract of land and premises, situate, lying, and being in the of in the county of and Province of Canada, con- taining, by admeasurement, and which is composed of, comprises, and may be known as follows, that is to say :• — To have and to HOLD unto the said part of the part heirs and assigns, to and for sole and only use for ever. Subject, nevertheless, to the reserva- tions, limitations, provisoes, and conditions expressed in the original grant thereof from the Crown. And the said part of the first part do covenant with the said part of the part, that ha the right to convey the before-mentioned land to the said part of the part, heirs and assigns And that the said part of the part, shall have quiet pos- session of the said land, free from all incumbrances, And that the part of the first part, will execute such further assurances of the said land as may be requisite. And that will produce the title deeds enumerated hereupon, and allow copies to be made of them at the expense of the said part of the part. And that the part of the first part ha done no (oi'Aer) act to incumber the said land. And the said part of the first part, re- lease to the said part of the part, all claims upon the said land. In Witness whereof, the said parties to these presents have hereunto set their hands and seals, upon the day and year first above written. Signed, sealed, and delivered in the presence of The part of the first part in the within deed named, hereby acknow- ledge receipt of the full consideration therein mentioned. In presence of_ MEMORIAL TO BARGAIN AND SALE UNDER STATUTE. A Memorial, to be registered, of an Indenture made the day of one thousand eight hundred and in pursuance of the Act to facilitate the conveyance of real property. Between of the first 120 THE CANADIAN part ; wife of the said party of the first part, of the second part ; and of the third part : Whereby the said part of the first part, in consideration of of lawful money of Canada, then paid by the said part of the third part to the said part of the first part, (the receipt whereof is thereby acknowledged), did grant unto the said part of the third part, heirs and assigns, for ever, all and singular th certain parcel or tract of land, and premises, situate, lying, and being in the To HAVE AND TO HOLD the Said above granted premises unto the said part of the third part heirs and assigns, to and for and their sole and only use for ever ; Subject to the reservations, limitations, pro- visoes and conditions in the original grant from the Crown. . And the said party of the second part thereby barred her Dower in the said lands : which said Indenture is witnessed by And this Me- morial thereof is hereby required to be registered by the said grant therein named. Witness hand and seal the day of in the year of our Lord one thousand eight hundred and Signed and sealed in the presence of Count of ■ to wit : above named, maketh oath and saith, that he was present, and saw the Deed of which the within is a Memorial, duly executed by the therein named And the said Memorial duly executed by the therein named for registry thereof, and that he is one of the subscribing witnesess both' tc the said Deed and Memorial, and that the same were respectively executed at Sworn before me at this day of ' A.D. 18 A Commissv^ner for taking Affidavits in the Queen's Bench, in and for the Count of DEED OF BARGAIN AND SALE OF, LANDS. ( On Sale hy Mortgagee^ This Indenture, made the day of in the year, &c., 18 BETV(fEEN A. B., of, &c., of the one part, and C. D., of, &c., of the other part. Whereas, B. F., of, &c., did, by a^ certain Indenture of Mortgage, dated the day of in the year, &o., for the consideration of bargain and sell unto the said A. B., and to his heirs and assigns for ever, all that certain, &c. ; Together with all and singular the hereditaments and appurtenances thereunto belonging : i To have and to hold the said granted and bargained premises, with the appurtenances, unto the said A. B., his heirs and assigns, to the only proper use and behoof of the said CONVEYANCER. 121 A. B.,liis heirs and assigns for ever; Pbovidee, Nevertheless, and the said Indenture of Mortgage was thereby declared to be upon condition, that if the said E. F., his heirs, executors, or administrators, should well and truly pay unto the said A. B., his executors, administrators, or assigns, the just and full sum of with lawful interest for the same, on or before the day of , in the year, &o., according to the condition of the said Indenture of Mortgage, that then, and in such case, the said Indenture should be void and of no effect: And the said E. F. did, by the said Indenture, for himself, his heirs and assigns, agree with the said A. B., his heirs, executors, administrators and assigns, that in case it should so happen, that the said sum of and the interest for the same, should be due and unpaid, at the time limited for the payment thereof, in the whole or in part thereof, that then it should and might be lawful for the said A. B., his heirs or assigns, at any time after default in payment, to bargain, sell, and dispose of the said mortgaged premises, with the appurtenances, at public auction, and out of the moneys to arise from the sale thereof, to retain and keep the said sum of and the interest, or so much thereof as might be due, together with the costs and charges of such sale, or sales, rendering the overplus money, if any, to the said B. F., his heirs, executors, administrators, or assigns: And, whereas, the said E. F. did not pay to the said A. B. the said sum of money, with the interest, at the time limited for payment, or at any time since ; and the said A. B. hath, therefore, in pursuance of the authority so given to him as aforesaid, caused the premises to be advertised and sold at public auction, and the same have been knocked down to the said C. D., for , being the highest sum bid for the same. Now, THEREFORE, THIS INDENTURE WITNESSIlTH, that the said A. B., in pursuance of the power aforesaid, and also for and in considera- tion of the said sum of , to him in hand paid, by the said C. D., at and before the ensealing and delivery hereof, the receipt whereof is hereby acknowledged, hath granted, bargained, sold, aliened, released, and confirmed, and by these presents doth grant, bargain, sell, alien, release, and confirm unto the said C. D., and to his heirs and assigns for ever, all the farm, piece, or parcel of land above mentioned, together with the hereditaments and appurtenances, as the same is described and conveyed by said Indenture of Mortgage ; and all the estate, right, title, interest, claim, and demand at law and in equity, of him the said A. B., and also of the said B. F., as far as the said A. B. hath power to grant and convey the same, of, in, and to the premises, and every part and parcel thereof : To have and to hold the said above granted and bargained premises, with the appurtenances, I 122 THE CANADIAN unto the said C. D., his heirs and assigns, to the sole and only proper use and behoof of the said 0. D., his heirs and assigns, for ever. In witness whereof, the parties have hereunto set their hands and seals, the day and year first above written. Signed, Sealed, &o. DEED OP GIFT OP LANDS. This Indenture, made the day in the year of our Lord one thousand eight hundred and Between A. B. of the township of in the county of yeoman, of the one part, and C. D. (eldest son and heir apparent of the said A. B.) of the other part. Witnesseth, that the said A. B. as well for and in consideration of the natural love and affection which he hath and beareth unto the said C. D. as also for the better maintenance, support, livelihood, and preferment of him the said C. D. Hath given, granted, aliened, enfeoffed and confirmed, and by these presents Doth give, grant, alien, enfeoff and confirm, unto the said C. D., his heirs and assigns. All that parcel or tract of land, &c. (describing the premises,') together with all and singular, houses, out-houses, edifices, buildings, barns, stables, courts, curtilages, gardens, orchards, woods, underwoods, ways, waters, watercourses, advantages and appurtenances, whatsoever, to the said parcel or tract of land and premises belonging, or in any wise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits of the same, and all the estate, right title, interest, property, claim and demand whatsoever, of him the said A. B. of, in and to the Said parcel or tract of land and premises, and of, in and to every part and parcel thereof, with their and every of their appur- tenances, and all deeds, evidences and writings, concerning the said pre- mises. To HAVE AND TO HOLD the Said parcel and tract of land, and all and singular other the premises hereby granted and confirmed unto and to the only proper use and behoof of the said C. D. his heirs and assigns for ever. In witness whereof the said parties to these presents have here- unto set their hands and seals, the day and year above written. DEED OP GIPT OF PERSONAL ESTATE. Know all men by these presents, that I, A. B., of the of , in the Province of Canada, merchant, for and in consideration of the natural love and affection which I bear unto my daughter C. B., and for her better preferment in marriage, and the increase of her portion ; CONVEYANCER. 123 and also in consideration of the sum of one dollar to me paid by my said daughter C. B., at and before the sealing and delivery hereof, (the receipt whereof I do hereby acknowledge,) have given, granted, bargained, and sold, and by these presents do give, grant, bargain, and sell, unto my said daughter 0. B., all the goods and chattels following, to wit, &o., [OE, all those goods and chattels mentioned and expressed in the schedule or writing hereunto annexed.] To Have and to Hold all and singular the premises, hereby given and granted, unto the said C. B., my daughter, her executors and adminis- trators forever, as her and their own proper goods and chattels. In witness whereof, I have hereunto set my hand and seal, this day of 18 A. B. [l. s.] Witness, DEED OP GIFT OP PEESONAL PEOPERTY, ON CONDITIONS. This. Indenture, made the, day of A.D., 18 between A. B., of, &c., of the one part, and C. B., of, &o., of the other part. Whereas, the said A. B., being the father of the said C. B., by reason of his age, and in- firmities, is not capable of attending to his estate and affairs as formerly, and has therefore agreed for advancement of the said C. B., to alike over his pro- perty to the said C. B., so that the said C. B. should pay the debts of the said A. B., and aiford him a maintenance as is hereinafter mentioned ; Now THIS Indenture witnesseth, that the said A. B., in order to carry the said agreement into effect, and in consideration of the natural love and affection which he hath for and towards his son, the said C. B., and of the provisoes, covenants, and agreements, hereinafter mentioned, by the said C. B., to be observed and performed, hath given, granted, bargained, sold, and assigned, and by these presents, doth give, grant, bargain, sell, and assign, unto the said C. B., his executors, administrators, and assigns, all, and singular, his household goods, and implements of household stock in trade, debts, rights, credits, and personal estate, whereof he is now possessed, or any ways interested in or entitled unto, of what nature or kind soever the same are, or wheresoever or in whosoever h^nds they be, or may he found, with their and every of their rights, members, and appurtenances, To have and to hold, the said goods, household stuff, stock in trade, debts, rights, and personal estate, and other the pre- mises, unto the said C. B., his executors, administrators, and assigns, forever; without rendering any account or being therefor in any wise 124 THE CANADIAN accountable to the said A. B., Ms heirs, executors, or administrators, for the same. And the said C. B., for himself, his heirs, executors, and administrators, doth covenant, promise, grant, and agree, to and with the said A. B., his executors, administrators, and assigns, in manner and form following, that is to say : that he, the said C. B., his heirs, executors, and administrators, shall and will settle, pay, discharge, and satisfy, or cause to. .be settled, paid, discharged, and satisfied, all accounts, debts, judgments, and demands, of every nature and kind whatsoever, now outstanding, against, or now due, from, or payable by the said A. B , or for the payment of which, the said A. B. shall be liable, or be held liable, either at law or in equity, on account of any matter, cause, or thing heretofore had, suffered, done, or performed, and at all times hereafter, free, discharge, and keep harmless, and indemnified, the said A. B., his heirs, executors, and administrators, from all and every such accounts, debts, judgments, and demands, and from all actions, suits, and damages, that may to him or them arise, by reas»n of the non-payment thereof; and, moreover, that he, the said C. B., his heirs, executors, and administrators, shall and will, yearly, and every year, during the term of the natural life of the said A. B., by four equal quarterly pay- ments, the first to begin on the day of next, well and truly pay, or cause to be paid, to the said A. B., or his assigns, the sum of for, or towards his suj^ort or maintenance, and find or provide for him sufficient meat, drink, washing, lodging, apparel, and attendance, suitable to his state and situation, at the choice and election, from time to time, of the said A. B. Provided always, and upon this condition, and it is the true intent and meaning of these presents, that if the said C. B., his heirs, executors and administrators, shall neglect or refuse to pay the said accounts, debts, judg- ments, and demands, according to his covenant aforesaid, or shall sufier the said A. B. to be put to any cost, charge, trouble, or expense, on account of the same, or shall neglect or refuse to pay the said annual sum, in manner aforesaid, or to find and provide for the said A. B., as aforesaid, that then, in all, any or either of the cases aforesaid, it shall and may be lawful to and for the said A. B., all and singular the premises hereby granted to take, repossess, and enjoy, as in his former estate. In witness, &c. DEED OF EXCHANGE. This Indenture, made the day of in the year of our Lord 18 Between A. B., of yeoman, of the one part, and E. F., of yeoman, of the other part. WITNESSETH that the said CONVEYANCEE. 125 A. B., HATH given, granted and confirmed, and by these presents doth give, grant and confirm unto the said E. E. All that parcel or tract of land, &c. [ihscribing the premi&es.'] To HAVE AND to hold, the said parcel or tract of land and premises, with their appurtenances, to the said E. P. and his heirs for ever, In exchange for certain lands of the said B. F. hereinafter granted to the said A. B. And the said E. F. hath given, granted, and confirmed, and hy these presents doth give, grant and confirm vinto the said A. B. All that parcel or tract of land, &c. (de- scrlbiii'j the premises.) To HAVE AND TO HOLD the Said last mentioned premises with their appurtenances, to the said A. B. and "his heirs for ever. In exchange for the lands and premises hereinbefore granted by the said A. B. to the said E. F. and his heirs. In Witness, &c. DEED OF PAKTITION BY COHEIKESSES. This Indenture, made the day of in the year of our Lord, 18 Between A. B. of spinster, one of the two daughters and coheiresses of G. B. of deceased, of the first part, and E. B., of spinster, the other of the two daughters and coheiresses of the said Gr. B. of the second part, and C. D., of of the third part; Whereas, the said A. B. and E. B. are desirous of making an equal par- tition of the lands and hereditaments which descended to them upon the decease of their said late father G. B. deceased, as his coheiresses at law, and they have accordingly agreed to divide the same, in the manner herein- after mentioned : Now- this Indenture witnesseth, that in consider- ation of the premises, and for making a perfect partition of all the said hereditaments and premises, and in consideration of the sum of One Dollar a piece to them, the said A. B. and E. B. in hand paid, by the said C. D. at or before the sealing and delivery of these presents, the receipt whereof is hereby acknowledged, they the said A. B. and_E. B. have, and each of them hath granted, bargained, sold, released and confirmed, and by these presents Do, and each of them Doth grant, bargain, sell, release and con- firm unto the said C. D. his heirs and assigns, all that, &c. \here insert the whole of the jjremiseSj^ and all ways, waters, water-courses, trees, woods, under-woods, commodities, advantages, hereditaments and appurtenances whatsoever, to the said several parcels or tracts of land, hereditaments and premises, or any of them, belonging, or in any wise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and of every part thereof; and also all the estate, right,, title, interest, trust, property, claim and demand whatsoever, both at law 126 THE CANADIAN and in equity, of them the said A. B. and E. B. of, in, to, or out of the said several parcels or tracts of land, hereditaments and premises, or any of them, or any part, or parcel thereof. To have and to hold the said several parcels, or tracts of land, hereditaments aiid premises, with their and every of their appurtenances, unto the said C. D. his heirs and assigns for ever, to and for the uses hereinafter mentioned and declared, of and concerning the same respectively, that is to say, [as to the said parcel or tract of land, being lot No. in the concession of the said township of and hereinbefore more particularly described, with the appur- tenances,] to the use and behoof of the said A. B. her heirs and assigns for ever, and [as to the said parcel or tract of land, being lot No. in the concession of the said township of and hereinbefore more particularly described, with the appurtenances,] to the use and behoof of the said E. B. her heirs and assigns for ever; And the said A. B. for her- self, her heirs, executors and administrators, doth hereby covenant with the said E. B. her heirs and assigns, that she, the said A. B. hath not at any time heretofore done any act whereby the said parcel or tract of land, hereditaments and premises, so limited to the use of her, the said E. B. her heirs and assigns as aforesaid, is, are, shall, or may be impeached or incumbered in title, charge, estate or otherwise howsoever. [Add a similar covenant for E. B. with A. B.] In witness, &c. DECLARATION OF TRUST OF STOCK. Memorandum. I, A. B., of, &c., do hereby acknowledge' and declare, that I am possessed of ten shares in the capital stock of the Com- pany, numbered from 101 to 110, inclusive, and that the same were trans- ferred to me in trust for the otily use, benefit, and advantage of 0. P., of, &c., and his legal representatives ; and that the saine stock was purchased with money which belonged solely to said 0. P. ; and that the certificate of said shares of said stock were taken in the name of me the said A. B. from motives of temporary convenieiice ; and that the said stock and all divi- dends and advantages accruing thereon, are and shall be held by me and my legal representatives only for the convenience, use, benefit and advan- tage of him the said 0. P. and his legal representatives; and on demand from him or them I will, and my legal representatives shall, assign the same to him or them, and account to and pay over to him or them all dividends and profits that shall by me or them have been received thereon. ' In witness wheeeof, &c. CONVEYANCER. 127 DISTRESS WARRANT. To my Bailiff in this behalf. Distrain the goods and chattels liable to be distrained for Rent, in and upon the now or lately in the tenure or occupation of situate in the county of and Province of Canada, for the sum of being Rent due to me for the same, on the day of in the year of our Lord one thousand eight hundred and And for the purpose aforesaid, dis- train, within the time, in the manner, and with the forms prescribed by law, all such goods and chattels of the said wheresoever they shall be found, as have been carried off the said premises, but are nevertheless liable, by law, to be seized as a Distress for the rent aforesaid. And pro- ceed thereupon for the recovery of the said Rent as the law directs. And for your so doing, this shall be your suflScient Warrant and Authority. Witness my hand and seal this day of in the year of our Lord one thousand eight hundred and Witness Notice is hereby given, that the cattle, goods, and chattels, distrained for Rent, on the day of 18 by me as Bailiff to the landlord of the premises of the tenant, will be sold by public auction on the day of 18 at o'clock. Which cattle, goods, and chattels, are as follows, that is to say : Toronto, day of 18 An Inventory of the several goods and chattels distrained by me the day of in the year 18 in the house, out-houses, and lands, of situate by authority and on behalf of your landlord, for the sum of being rent due to the said on the day of 18 In the dwelling-house On the premises Mr. Take Notice, that as the Bailiff to your landlord, I have this day distrained, on the premises above-mentioned, the several goods and chattels specified in the above Inventory, for the sum of being Rent due to the said on the day of 18 for the said premises ; and that unless you pay the said rent, with the charges of distraining for the same, or replevy within five days from the date herepf, the said goods and chattels will be appraised, and sold according to law. Given under my hand, the day of in the year of our Lord one thousand eight hundred and Witness, Bailiff. 12S THE CANADIAN FAKMINa LEASE, AGREEMENT FOR. This Agreeement, made this day of , in the year, &c., Between A. B. of , of the one part, and C. D. of , of the other part, WITNESSETH : That the said A. B. shall, on or before the first day of next, make and execute unto the said C. D., his executors, administrators, and assigns, a valid Lease of all that messuage, piece, or parcel of land, situate, &c., with the appurtenances thereunto belonging for the term of years, from the first day of , at the yearly rent of payable half-yearly, clear of all dedtictions for taxes, or on any other account whatever : the first payment of said rent to be made on the first day of next ; and at and under the further yearly rent of for every acre, and so in proportion for a less quantity of meadow or pasture ground, which shall be ploughed or converted into tillage, contrary to a covenant to be contained in said lease, as hereinafter directed : the first payment of said last-mentioned rent to be made on the first half-yearly day after such conversion into tillage, as aforesaid. And in the said lease there shall be coiltained covenants on the part of the said C. D., his executors, administrators, and assigns, to pay the aforesaid rents, and to pay all taxes and assessments ; for doing all manner of repairs to the buildings, hedges, ditches, rail and other fences ; (the said A. B. providing upon the premises, or within two miles thereof, rough timber, bricks, tiles and lime, for the doing thereof, to be conveyed by the said 0. D., his executors, administra- tors or assigns;) for permission for the said A. B., his heirs or assigns, at all seasonable times, to view the state of the premises; that the said CD., his executors or administrators, shall not carry ofi" from the farm any hay, straw, or other fodder, and that the said 0. D., his executors, administra- tors or assigns, shall spread on some part of the said lands, in a husband- like manner, all the manure and compost which shall arise from the said farm, and shall, in all respects, cultivate the same in a husband-like manner, and according to the usual course of husbandry practised in the neigh- bourhood, and shall leave all the manure and compost of the last year, for the use of the landlord or succeeding tenants. ' That the said C. D., his executors, administrators or assigns, shall not cut or flash any of the quick- hedge under three years' growth, and shall ciit and flash those at seasonable times in the year, and at the time of doing thereof shall cleanse the ditches adjoining thereto, and guard and preserve the hedges, which shall be so cut and flashed as aforesaid, from destruction or injury by cattle, and shall also, at all times, guard and preserve all young hedges and young trees froni the like destruction and injury. That the said C. D., his executors, adminis- CONVEYANCEE. 129 trators or assigns, shall, in the summer immediately preceding the determi- nation of the said term, to be granted as aforesaid, prepare for seed, in a husband-like manner, such part of the land as shall be in a course of fallow, and fit to be sown with a crop the ensuing season, and lay down with clover- seed and rye-grass aci-es of the arable land which shall be then in tillage, sowing upon each acre thereof pounds of the best clover-seed and bushel of the best rye-grass seed. And in the said lease there shall be contained a proviso for re-entry by the said A. B., his heirs or assigns, in case of the non-payment of rent for the space of twenty days, or non,performance of the covenants. And there shall be contained covenants on the part of the said A. B., his heirs and assigns, for quiet enjoyment. That the said A. B., his~ heirs and assigns, shall permit the said C. D., his executors, administrators or assigns, to have the use of the barns, and stables adjoining the said premises, and the stack-yard and farm-yard, until one month after the expiration or determination of the said term, for the convenience of threshing out the last year's crops of corn and grain, and feeding his or their cattle with the straw and fodder, so that the same may be made into manure, to be left on the said premises, as aforesaid : and also some convenient room in the farm-house for his or their servants to lodge and diet in, until the time aforesaid, without any recom- pense being made for the same respectively. ^ In Witness, &c. GRANT OP AN ANNUITY. This Indenture, made the day of A. D., 18 Between A. B., of , of the one part, and C. D., of , of the other part, WITNESSETH, That the said A. B., for, and in consideration of the sum of , to him in hand well and truly paid, by the said 0. D., at or before the sealing and delivery of these presents, the receipt whereof the said A. B. doth hereby acknowledge, hath given, granted, and confirmed, and by these presents doth give, grant, and confirm, unto the said C. J), and his assigns, one annuity of , to be received, taken, had, and to be issuing out of, all that messuage, &c., with all and singular the appurtenances thereunto belonging, and every part and parcel thereof, unto the said C. D., and his assigns, for, and during the natural life of him, the said C. D., payable, and to be paid at and upon , yearly, by even and equal portions ; the first payment to begin and be made at or upon , And if it shall happen that the said annuity of , or any part thereof, be behind or unpaid, in part or in 130 THE CANADIAN all, by the space of twenty-one days next after either of the said days or times of payment thereof, whereupon the same should or ought to be paid, as aforesaid : that then, and so often, at any time thereafter, it shall and may be lawful to, and for the said C. D., and his assigns, into, and upon the said messuage and premises above mentioned, or any part thereof, to enter and distrain, and the distress and distresses then and there found, to take, lead, drive, carry away, and impound, and the same impound, to take, hold, and keep, until the said annuity and the arrears thereof, (if any there shall be,) together with all costs and charges thereabout, or concerning the same, shall be fully paid and satisfied. And the said A. B., for himself, his heirs, executors, and administrators, doth covenant, grant, and agree, to and with the said CD., his executors, administrators, and assigns, that he, the said A. B., his heirs, executors, or administrators, shall and will, well and truly pay, or cause to be paid, unto the said C. D., his executors, adminis- trators, or assigns, the said annuity, or yearly rentcharge, &c., at the days and times, and in the manner and form, as above expressed and limited for payment thereof, according to the true intent and meaning of these presents. And also that ib.e said messuage, &c., above-mentioned, to be charged and chargeable with the said annuity hereby granted, shall, from time to time, be, and continue, over and sufficient for the payment of the said annuity of , yearly, during the life of the said C. D. In witness, &c. JUDGMENT, CERTIFICATE OF DISCHARGE OF, {Under 20 Vic, Oh. 57.) Canada. To the Registrar of the Count of I DO HBEEBY CERTiFr, that a Judgment rendered in favor of against for the sum of and registered in the Registry office of the County of has been discharged. As Witness my hand this day of 18 Witnesses : Canada. County of to wit. I of above named and described, make oath and say, that I and the other subscribing witness to the foregoing Certificate of Discharge of Judgment, were present and saw the same duly executed by the therein named , and that I am one of the subscribing Witnesses to the same : and that the same was executed as aforesaid, at Sworn before me at this day of A.D. 18 A Commissioner, ^c, in the Queen's Bench, in aindfor the Count of CONVEYANCER. 131 LEASE OF HOUSE. This Indentuee, made the day, of in the year of our Lord one thousand eight hundred and Between of the first part, and of the second part, WITNESSETH, that in considera- tion of the rents, covenants, and agreements, hereinafter reserved and con- tained on the part of the said part of the second part, executors, administrators and assigns, to be paid, observed, and performed, the said part of the first part Ha demised and Leased, and by these pre- sents Do demise and Lease unto the said part of the second part, executors, administrators and assigns. All that Messuage or Tenement, situate, lying and being Togethee with all houses, out-houses, yards, and other appurtenances thereto belonging, or usually known as part or parcel thereof, or as belonging thereto To HAVE AND TO Hold the said premises for and during the term of to be computed from the day of One thousand eight hundred and and from thence- forth next ensuing and fully to be complete and ended. Yielding and Paying therefor yearly and every year during the said term hereby granted unto the said part of the first part, heirs, executors, administrators, or assigns, the sum of to be payable on the following days and times, that is to say, the first of such payments to become due and be made on the day of next. Provided always, and these presents are upon this express condition, that if the said yearly Rent, hereby reserved, or any part thereof, shall, at any time, remain behind or unpaid for the space of twenty-one days, next over or after any of the days on which the same shall become due and pay- able, then, and in every such, case, it shall be lawful for the said part of the first part, heirs, executors, administrators or assigns, into and upon the said premises, or any part thereof, in the name of the whole to re-enter, and the same to have again, re-possess, and enjoy, as if these presents had never been executed. And the said part of the second part, for heirs, executors, administrators, and assigns, do hereby covenant, promise, and agree to and with the said part of the first part, heirs, executors, administra- tors, and assigns. That the said part of the second part, executors, administrators and assigns, shall and will well and truly pay, or cause to be paid, to the said part of the first part, heirs, executors, administrators, or assigns, the said yearly Rent hereby reserved at the times and in the manner herein- before appointed for payment thereof. 132 THE CANADIAN. And also shall and will, from time to time, and all times during the said term, keep in good and sufficient repair the said premises hereby demised, (reasonable wear and tear and accident by fire excepted,) and the same so kept in repair shall and will, at the end, expiration or other sooner deter- mination of the said term, peaceably and quietly yield and deliver up to the said part of the first part, heirs, executors, administrators, or assigns. And also shall and will, well and truly pay, or cause to be paid, all taxes, rates, levies, duties, charges, assessments, and impositions whatsoever, whether Parliamentary, local, or otherwise, which now are, or which, during the continuance of this demise, shall, at any time, be rated, taxed, or im- posed on or in respect of the said demised premises, or any part thereof. And also, that it shall be lawful for the said part of the first part, heirs, executors, administrators, and assigns, and their agents respectively, either alone or with workmen or others, from time to time at all reasonable times in the day-time, during the said term, to enter upon the said demised premises, and every part thereof, to view and examine the state and condi- tion thereof, and in case any want of reparation or amendment be found on any such examination, the said part of the second part, executors, administrators, or assigns, shall and will from time to time, cause the same to be well and sufficiently repaired, amended, and made good, within one month next after notice in writing shall have been given to them or left at or upon the said demised premises for that purpose. And if the said part of the second part, executors, administrators, or assigns, fail in making the necessary repairs in manner hereinbefore described, that it shall be lawful for the said part of the first part, heirs, executors, administrators and assigns, and > agents, to enter into and upon the said hereby demised premises, and have the same repaired in a proper manner, and to render the account for such repairs to the said part of the second part, executors, administrators, and assigns, and demand pay- ment for the same, and if default is made to sue for the same in any Court of Law having jurisdiction over the same. And the said part of the second part, executors, administrators, or assigns, shall not, nor will, at any time or times, during the continuance of this demise, sell, assign, let, or otherwise part with this present Lease, or the said premises hereby demised, or any part thereof, to any person or persons whomsoever, for the whole or any part of the said term, nor alter, change, or remove any part of the said premises, yards, or offices, externally or internally, without the license and consent in writing of the said part CONVEYANCER. 133 of the first part, heirs, executors, administrators, or assigns, from time to time, first had and obtained. And the said part of the first part, for heirs, executors, ad- minis.trators, and assigns, covenant with the said part of the second part, executors, administrators, and assigns, that the said part of the second part, executors, administrators, and assigns, well and truly paying the rent, hereinbefore reserved, and observing, performing, and keeping the covenants hereinbefore contained, shall and may, from time to time, and all times during the said term peaceably and quietly enjoy the said premises hereby demised, without molestation or hindrance. In Witness whereof, the said parties to these presents have hereunto set their hands and seals the day and year first above written. Signed, Sealed, and Delivered in the presence of LEASE OE HOUSE. (^Another Form.') This Indenture, made the day of in the year of our Lord one thousand eight hundred and Between of the first part, and of the second part ; WITNESSETH, that for and in considera- tion of the rents, covenants, and conditions in these presents contained and reserved, and which are hereby declared to be incumbent upon the said party of the second part, his executors, administrators or assigns, to pay, do, and perform, he the said party of the first part hath demised, leased, set and to farm let, and by these presents doth demise, lease, set, and to farm let unto the said party of the second part, his executors and administrators. All that parcel or tract of land &c., &c. Together with all buildings thereon erected and being, and all privileges and appurtenances whatsoever to the same premises belonging or in any way appertaining. To have AND TO HOLD the said parcel of land, with the appurtenances as aforesaid hereby demised, unto the said party of the second part, [his executors, administrators and assigns, from the day of in the year One thousand Eight hundred and for and during and until the full end and term of from thence next ensuing, and fully to be complete and ended Subject nevertheless to determination or cesser of the said term before the expiration thereof under the provisoes or conditions herein- after mentioned, Yielding, and Paying therefor yearly, and every year during the term hereby demised, unto the said party of the first part, his heirs, executors, administrators and assigns, the yearly rent or sum of of lawful current money of Canada, to be paid in manner following, that is to 134 THE CANADIAN say, in each and every year during the said term, withput any deduction or abatement thereout, for or hy reason, or on account of any cause or pretence 'whatsoever. And the said part of the second part do hereby, for heirs, executors, administrators and assigns, covenant, promise and agree, to and with the said part df the first part, heirs, executors, administrators and assigns, in manner following, that is to say, that the said part of the second part, heirs, executors, admin- istrators and assigns, will well and truly pay, or cause to be paid, unto the said part of the first part, heirs, executors, administrators or assigns, the said yearly sum or rent of of money as aforesaid, on or at the days and times, and in the manner hereinbefore mentioned and prescribed for payment thereof. And also, that the said part of the second part, heirs, executors, administrators or assigns, shall and will at or their own costs and charges, well and sufficiently repair, and keep repaired, the now being, or hereafter during the said term to be erected or situate upon the said premises, damage happening by accidental fire, tempest, or other inevitable accident, being always excepted. And further, that at the expiration or other legally premature deter mination of this lease, the said part of the second part, heirs, executors, administrators or assigns, will and shall peaceably and quietly leave, surrender, and yield up unto the said party of the first part, his heirs, executors, administrators or assigns, the whole of the said premises hereby demised, in such good and sufficient repair as aforesaid. And also, that it shall and may be lawful to and for the said party of the first part, his heirs or assigns, after days' previous notice in writing, if required times, or fewer, in every year during the said term, at seasonable hours of the day, to eater and come into and upon the said de- mised premises, or any part thereof, to view the condiition of the same, and of all defects and wants of repair or amendment which may then and there be found, to leave notice in writing at the said demised premises to and for the said part of the second part to repair and amend the same within a reasonable time, not exceeding months. And the said part of the second part do hereby for executors, administrators and assigns, further covenant, promise and agree, with and to the said part of the first part, his heirs and assigns, that the said part of the second part, heirs, executors, administrators and assigns, will and shall within the said space of months, next after every and any such notice being left as aforesaid, well and sufficiently repair and amend the same accordingly. And moreovek, that the said part of the second part, CONVEYANCEK. 135 heirs, executors, administrators and assigns, shall not, nor will at any time during the said term, pull down, or make or permit to be inade any alterations in any part of the said without the written consent of the said part of the first part, firstly had and obtained for such purpose. And moreover shall not, nor will at any time during the continuance of this demise, bargain, sell, assign, transfer, or set over this Indenture of Lease, or let, set, demise, underlet, or underlease the whole or any part of the said demised premises, or in any other manner part with this Indenture of Lease, or the possession or occupation of the whole or of any part or portion of the premises hereby demised, without such written consent and license as aforesaid. Provided always nevertheless, and these pre- sents are upon this express condition, that if the said rent or sum of hereby reserved, or any part thereof, shall be unpaid in part or in all for the space of next after either of the days on which the same ought to be paid, as aforesaid, having been lawfully demanded, or in case the said part of the second part, heirs, executors, administrators or assigns, shall at any time during the said term of lease hereby granted, without such license as aforesaid, assign, transfer, or set over, underlease or underlet the whole, or any part of the premises hereby demised, or in any other manner part with the possession or occupation of the same, or any part thereof, or if all or any of the covenants, conditions and agreements in these presents contained and prescribed as incumbent upon the said part of the second part, heirs, executors, administrators and assigns, to do, ob- serve, keep, fulfil or perform, shall not be done, observed, kept, fulfilled or per- formed, according to the true intent and meaning of these presents, then and from thenceforth in any or in either of the said cases, it shall and may be . lawful to and for the said part of the first part, heirs, executors, administrators and assigns, into and upon the said demised premises, or any part thereof in the name of the whole, wholly to re-enter, and the same to have again, retain, re-possess and enjoy, as in his and their first and former estate, and thereout and from thence the said part of the second part, heirs, executors, administrators or assigns, and all or any occupier or occupiers of the said premises, or any part thereof, to expel, put out, and remove this Indenture, or any matter or thing herein contained, to the contrary thereof in anywise notwithstanding. And the said part of the first part ,doth hereby, for heirs, executors, administrators and assigns, covenant, promise and agree, with and to the said part of the second part, heirs, executors, administrators and assigns, that the said part of the second part, heirs, executors, administrators apd assigns, well and truly paying or causing to be pa.id the said yearly rent 136 THE CANADIAN hereby reserved, on the days and in the manner hereinbefore prescribed and appointed for payment thereof, and observing, keeping and performing all and singular the covenants and agreements in these presents contained, and which on or their parts and behalves are and ought to be paid, kept, done, fulfilled, and' performed, shall and lawfully may peaceably and quietly have, hold, use, occupy, possess, and enjoy the said demised premises, and every part and parcel thereof, with the appurtenances, during all the said term of hereby granted, without any lawful let, suit, trouble, interruption, eviction, molestation, hindrance, or denial of, or by the said heirs or assigns, or of, from, or by any other person or persons clainring, or to claim, from, by, or under him, them, or any or either of them. In Witness, &c., LEASE OP LAND. This Indenture made the day of in the year of our Lord one thousand eight hundred and Between of , of the first part, and , of , the second part, WITNESSETH, that in consideration of the rent, covenants, and agreements hereinafter re- served and contained, and to be paid, observed, and performed by the said part of the second part, executors, administrators, and assigns, the said part of the first part. Ha demised and leased, and by these presents Do demise and lease unto the said part of the second part, executors, administrators, and assigns. All th certain parcel or tract of Land and Premises, situate, lying and being To have and to HOLD the said parcel or tract of Land, with the appurtenances, unto the said part of the second part, his executors, administrators, and assigns, from the day of one thousand eight hundred and for the term of from thence next ensuing, and fully to be complete and ended, Yielding and Paying therefor, unto the said part of the first part, executors, administrators, and assigns, the yearly rent or sum of of lawful money of Canada, by equal payments, on the days of the months of in each and every year during the said term, the first payment to be made on the day of next ensuing the date hereof. And the said part of the second part doth hereby, for heirs, execu- tors, administrators, and assigns, covenant, promise, and agree, with and to the said part of the first part, heirs, executors, administrators, and assigns, that the said part of the second part, executors, adminis- CONVEYANCER. 137 trators, and assigns, shall and will well and truly pay, or cause to be paid, to the said part of the first part,' executors, administrators, or assigns, the said Yearly Rent hereby reserved, at the times and in manner herein- before mentioned for payment thereof, without any deduction or abatement whatsoever thereout, for or in respect of any rates, taxes, assessment or otherwise: And also shall and will, on or before the day of now next, at own costs and charges, fence in the premises hereby demised, in such manner as will effectually protect the Land adjoining thereto. And it is hereby agreed, on the part of the said part of the first part, heirs, executors, administrators, and assigns, that if at any time within the said term of the said part of the second part, heirs, executors, administrators, or assigns, shall desire to purchase the fee simple of the Land hereby demised, shall be allowed to do so by paying the sum of , of lawful money aforesaid, provided the said rent shall have been regularly paid up to the time when may so desire to pur- chase. And it is hereby agreed, on the part of the said part of the second part, executors, administrators, and assigns, that if at any time or times during the said term, the said rent, or any part thereof, shall be in arrear and unpaid for the space of Thirty Days after any of the days or times whereon the same ought to be paid as aforesaid, then it shall be lawful for the said part of the first part, heirs, executors, administrators, or assigns, to enter into and take possession of the premises hereby demised, whether the same be lawfully demanded or not, and the same to sell and dispose of, either by public auction or private sale, as to may seem best, without the let, hindrance, or denial of the said part of the second part, heirs, executors, administrators, and assigns : And further, that the non-fulfilment of the covenants hereinbefore mentioned, or any of them, on the part of the lessee or lessees, shall operate as a forfeiture of these Presents, and the same shall be considered null and void to all intents and purposes whatsoever ; And also, that the said party of the second part, executors, administrators, and assigns, shall not, nor will, during the said term, grant or demise, or assign, transfer or set over,' or otherwise, by any act or deed, procure or cause the said premises hereby demised, or intended so to be, or any part thereof, or any estate, term, or interest therein, to be granted, assigned, transferred, or set oyer, unto any person or persons whomsoever, nor carry on any offensive trade or business on the premises, without the consent in writing of the said part of the first part, heirs or assigns, first had and obtained. 138 THE CANADIAN In witness whereof the said parties to these presents have hereunto let their hands and seals the day and year first above written. ' Signed, sealed and delivered in the presence of LEASE OF A HOUSE AND FARM. This Indenture, made the day of in the year of our Lord, 18 Between A. B., of yeoman, of the one part, and C. D., of yeoman, of the other part. WITNESSETH, that for and in consideration of the rent, covenants, conditions and agreements hereinafter reserved and contained, and which on the part and behalf of the said C. D., his executors, administrators and assigns, are or ought to be paid, done and performed, he said A. B. Hath demised, leased, set, and to farm let, and by these presents Doth demise, lease, set and to farm let, unto the said C. D., his executors and administrators. All that parcel or tract of land, &c., (jlescribiriy the lot,') together with the frame dwelling-house, barns; stables, and other out^houses thereupon erected, standing and being, together with all ways, paths, passages, waters, water-courses, privileges, advantages and appurtenances whatsoever, to the same premises belonging, or in any wise appertaining. To have and to hold the said parcel or tract of land, dwelling-house, buildings and premises, hereby demised unto the said C. D., his executors, administrators, and assigns, from the day of the date of these presents, for and during, and until the full end and term of years from thence next ensuing, and fully to be complete and ended, Yielding and Paying therefor yearly, and every year during the said term hereby granted, unto the said A. B. his heirs and assigns, the yearly rent or sum of of lawful current money of Canada, (by two equal half- yearly payments, to be made on the day of and the day of ) in each and every year during the said term, without any deduction or abatement thereout, for or upon any account or pretence whatsoever. Pro- vided ALWAYS, nevertheless, that if it shall happen that the said yearly rent hereby reserved, or any part thereof, shall be behind and unpaid for the space of twenty-one days next over or after either of the said days hereinbefore mentioned, and appointed for payment of the same, (being lawfully demanded) [or if the said C. D. his executors, or administrators, shall assign over, underlet, or otherwise depart with this Indenture, or the premises hereby leasSd, or any part thereof,] to any person or persons whom- soever, without the consent of the said A. B., his heirs, or assigns, first had and obtained in writing, under his or their hands, for that purpose ; then, and in either of the said cases, it shall and may be lawful to and for CONVEYANCER. 139 the said A. B., his heirs, or assigns, into the said premises hereby demised, or any part thereof, in the name of the whole, to re-enter and the same to have again, retain, repossess and enjoy, as in his and their first and former estate, or estates, anything herein contained to the contrary thereof in any wise notwithstanding. And the said C. D. doth hereby for himself, his heirs,, executors, administrators, and assigns, covenant, promise, and agree to and with the said A. B. his heirs and assigns, in manner following, (that is to say,) that he, the said C. D., his executors, administrators and assigns, shall and will well and truly pay, or cause to be paid, unto the said A. B., his heirs, and assigns, the said yearly rent of by equal half- yearly payments, on or at the days or times, and in the manner hereinbefore mentioned and appointed for payment thereof. And also that he the said C. D., his executors, administrators and assigns, shall and will at his and their owp costs and charges, well and sufficiently repair and keep repaired, the dwelling-house, buildings, fences and gates now erected, or which shall at any time or times hereafter during the said term be erected upon the said demised premises, he the said A. B., his heirs and assigns, upon request and notice to them made, finding and allowing on the said premises, or within miles distance thereof, all rough timber, brick, lime, tiles, and all other materials whatsoever, (except straw) for doing thereof, to be cari'ied to the said hereby demised premises, at the charge ot the said C. D., his executors, administrators, or assigns, or otherwise permit- ting and allowing him or them, at their like costs and charges, to cut and fell such and so many timber trees upon some part of the premises hereby demised, as shall be requisite and necessary for the purpose, (damage happening by accidental fire, tempest, or other inevitable accident being always excepted,) And further, that he the said C. D., his execu- tors, administrators and assigns, shall and will at all times during- the said terna, cultivate and farm such part or parts of the said lands and premises as now are or shall hereafter be brought into cultivation during the said term, in a proper husbandlike manner. And shall and will at the expira- tion or other sooner determination of this lease, peaceably and quietly leave, surrender and yield up unto the said A. B., his heirs and assigns, the whole of the said premises hereby demised, in such good and sufficient repair as aforesaid, (reasonable use and wear thereof and damage by acci- dental fire, tempest, or other inevitable accident as aforesaid, always excepted) ; And also, that it shall and may be lawful to and for the said A. B., his heirs and assigns, after six days previous notice in writing, twice or oftener in every year during the said term, at seasonable and convenient times in the day, to enter and come into and upon the said demised pre- 140 THE CANADIAN mises, or any part thereof, to view the condition of the same, and of all defects and wants of reparation and amendment which shall then and there be found, to leave notice in writing at the said demised premises to or for the said C. D., his executors, administrators, or assigns, to repair and amend the same within the space of three calendar months. And the said C. D. doth hereby for himself, his executors, administrators, and assigns, covenant, promise and agree to and with the said A. B , his heirs and assigns, that he, the said C. D., his executors, administrators, or assigns, shall and will, within three calendar months next after every and any such notice, shall have been so given or left as aforesaid, well and sufficiently re- pair and amend the same accordingly, (except as before excepted, and upon being provided or allowed materials for the same as aforesaid,) and also 'that he, the said C. D., his executors, administrators, or assigns, shall not, nor will at any time during the said term, pull down, or cause,* or permit to be pulled down, or make, or cause, or permit to be made, any alteration by cutting new door ways or otherwise, in the said dwelling-house, or in any of the buildings upon the said demised premises, without the consent in writing of the said A. B. his heirs, or assigns, for that purpose first had and obtained ; And moreover, shall not, nor will at any time during the continuance of this demise, bargain, sell, assign, transfer, or set over this indenture of lease, or let, set, demise, underlease, or underlet the said dwelling-house and premises hereby demised, or any part thereof, or in any other manner part with this indenture of lease, or the possession or occupa- tion of the premises hereby demised, without such licence and consent as aforesaid. Pkovided always, nevertheless, and these presents are upon this express condition, that if the said yearly rent or sum of hereby reserved, or any part thereof, shall be unpaid in part or in all by the space of twenty-one days next after either of the days on which the same ought to be paid as aforesaid, being lawfully demanded; or in case the said C. D., his executors, or administrators, shall at any time during the said term hereby granted, without such licence as aforesaid, assign, transfer, or set over, underlease, or underlet, the premises hereby demised, or any part thereof, or in any other manner part with the possession or occupation of the same, or any part thereof; or if aJl, or any of the covenants, conditions or ao^reements in these presents contained, on tlie part and behalf of the said C. D., his executors, administrators and assigns, shall not be performed, fulfilled, and kept according to the true intent and meaning of these pre- sents, then and from thenceforth, in any or either of the said cases, it shall and may be lawful to and for the said A. B., his heirs and assigns, into and upon the said demised premises, or any part thereof, in the name of the OONVETANOEK 141 whole, wholly to re-enter, and the same to have again, retain, repossess and enjoy, as in his or their first and former estate, and thereout and from thence the said C. D., his executors, administrators and assigns, and all other occupiers of the said premises, to expel, put out, and amove, this indenture or any thing hereinbefore contained to the contrary thereof in anywise notwithstanding. A-iD the said A. B. doth hereby for himself, his heirs, executors, administrators and assigns, covenant, promise and agree, with and to the. said C. D., his executors, administrators and assigns, that he, the said C. D., his executors, administrators, and assigns, well and truly paying the said yearly rent hereby reserved, on the days and in the manner hereinbefore appointed for payment thereof, and observing, keeping and performing, all and singular the covenants and agreements in these presents contained, and which on his and their parts and behalves, are and ought to be paid, kept, done and performed, shall and lawfully may, peace- ably and quietly have, hold, use, occupy, possess arid enjoy, the said demised premises and every part and parcel thereof, with the appurtenances, during all the said term of years hereby granted, without any lawful let, suit, trouble, interruption, eviction, molestation, hindrance, or denial, of or by him the said A. B., his heirs, or assigns, or of, from, or by any other per- son or persons claiming, or to claim, from, by, or under him, them, or any or either of them. In witness, &c. INDENTURE OF LEASE. {Short form under Statute.) This Indenture, made the day of in the year of our Lord one thousand eight hundred and , in pursuance of the Act, to facilitate the leasing of Lands and Tenements, Between of the first part ; and of the second part ; WITNESSETH, that in consideration of the Yearly Rents, Covenants, and Conditions hereinafter respectively reserved and contained by the said Lessee, Executors, Administra,tors, and Assigns, to be respectively paid, observed, and performed, the said Lessor Ha demised and leased, and by these presents Do demise and lease unto the said Lessee All th certain parcel or tract of land and premises, situate, lying, and being in the Together with all the rights, members, and appurtenances whatsoever, to the said premises belonging or appertaining : To have and to hold the said hereby demised premises, with their appurtenances, unto the said Lessee, Executors, Adminis- trators, and Assigns, for the term of to be computed from the 142 I'HE CANADIAN day of one thousand eight hundred and Yielding and Pay- ing therefor unto the said Lessor, Heirs, or assigns, the clear yearly- rent or sum of of lawful Money of Canada, in even portions, on the days of in each and every year during the continuance of the said Term, without any deduction, defalcation, or abatement whatsoever - — the first payment to be made on the day of And the said Lessee for Heirs, Executors, Administrators, and Assigns, hereby covenants with the said Lessor, Heirs, and Assigns, to pay Kent, and to pay Taxes and to Repair ; And to keep up Fences,, ajid not to cut down Timber ; And that the said Lessor may enter and view state of repair , And that the said Lessee will repair according to notice ; And will not assign or sub-let without leave ; And will not carry on any business that shall be deemed a nuisance on the said premises ; And that will leave the premises in good repair ; And also, that if the term hereby granted shall be at any time seized or taken in execution, or in attachment by any creditor of the said Lessee, or if the said Lessee shalL make any assignment for the benefit of creditors, or becoming bankrupt or insolvent, shall take the benefit of any Act that may be in force for bankrupt or insolvent debtors, the then current quarter's Eent shall immejliately become due and payable, and the said term shall immediately become forfeit and void but the next current quarter's Rent shall nevertheless be at once due and payable. Proviso for re-entry by the said Lessor on non-pay- ment of Rent, or on non-performance of Covenants, or seizure or forfeiture of the said term for any of the causes aforesaid. The said Lessor covenants with the said Lessee for quiet enjoyment. In witness whjeeeof the said parties have hereunto set their hands and seals. Signed, sealed and delivered in presence of STATUTORY LEASE. (^Another Form.^ This Indentuee, made the day of in the year of our Lord one thousand eight hundred and in pursuance of the Act to facilitate the Leasing of Lands and Tenements, Between (Lessor) of the. first part, and (Lessee) of the second part: WITNESSETH, that in consideration of the rents^ covenants, and agree- ments, hereinafter reserved and contained on the part of the said Lessee executors; administrators, and assigns, to be paid, kept, and performed the said Lessor ha demised and leased, and by these pre- CONVEYANCER. 143 sents do demise and lease unto the said Lessee executors, administra- tors, and assigns. All th Together with the appurtenances : To HAVE AND TO HOLD the same unto the said Lessee executors, administrators and assigns, from the day of one thousand eight hundred and for and during and unto the full end and term of from thence next ensuing, and fully to he complete and ended ; Yielding and paying therefor unto the said Lessor, heirs, executors, adminis- trators, or assigns, the clear yearly rent or sum of of lawful money of Canada in each and every year during the said term, without any deduction whatsoever — the first payment to be made on the day of next ensuing the date hereof. And the said Lessee covenant with the said Lessor to pay rent, and to pay taxes, and to repair, and to keep up fences, and not to cut down timber, and that the said Lessor may enter and view state of repair ; and that the said Lessee will repair according to notice ; and will not assign or sub-let without leave ; and that will leave the premises in good re- pair ; and will not carry on any business that shall be deemed a nuisance, on said premises. Proviso, for re-entry by the said Lessor on non-pay- ment of rent, or non-performance of covenants. The said Lessor covenant with the said Lessee for quiet enjoy- ment. In witness whereof the said parties have hereto set their hands and seals. Signed, sealed and delivered in presence of INDENTURE OP LEASE. ( With powers of perpetual Renewal or Purchaae.} This Indenture made the day of in the year of our Lord one thousand eight hundred and , in pursuance of the Act to facilitate the Leasing of Lands and Tenements, Between ' , of the first part, and ., of the second part, WITNESSETH, that in consideration of the rents, covenants, and agreements hereinafter reserved and contained, on the part of the said party of the second part, execu- tors, administrators, and assigns, the said party of the first part. Hath demised and leased, and by these presents Doth demise and lease unto the said party of the second part, executors, administrators and assigns, All that certain piece, parcel, or tract of land and premises, situate, lying, and being in Together with all houses, out-houses, yards, gardens, stables, ways, water-courses, drains, paths, lights, easements, profits, com- 144 THE CANADIAN modities, and advantages to the said parcel or tract of land belonging, or in anywise appertaining, or therewith held, used, occupied, and enjoyed, or represented and taken as part and parcel thereof: To have and to hold the said piece, parcel, or tract of land and premises hereby demised, or mentioned, or intended so to be, with the appurtenances, unto the party of the second part, executors, administrators, and assigns, from the day of in the year of our Lord one thousand eight hundred and for, and during, and until the day of which will be in the year of our Lord one thousand eight hundred and renewable as hereinafter mentioned. Yielding and Paying therefor yearly, arid every year drtring the said term of years, unto the said party of the first part, heirs, executors, administrators, and assigns, the clear yearly rent or sum of of lawful money of Canada] in four equal quarterly payments of in each payment, to be made on the first days of in each and every year during the said term, without any deduction, defalcation, or abatement therefrom, for or in respect of any taxes, charges, rates, assessments, or impositions whatever, either now or hereafter to be taxed, charged^ rated, or assessed on the said demised premises, or any part thereof, or for or on account of the same, the first payment to become due on the day of one thousand eight hundred and And the said party of the second part, covenants with the said party of the first part, to pay rent and to pay taxes, and not to assign or sublet, without leave in writing, executed in presence of two subscribing witnesses : Proviso for re-entry by the said party of the first part, heirs, executors, administrators, or assigns, on non-payment of rent, or non-performance of covenants. And the said party of the first part covenants with the said party of the second part for quiet enjoyment ; and also, that immediately after the expiration of the said term of years, he, the said party of the first part, his heirs, and assigns, shall and will grant another lease of the said hereby demised premises, with the appurtenances, containing the like covenants, conditions, provisoes, and agreements, as are in this lease contained and expressed, and at and under a certain yearly rent, payable in quarterly payments, the amount whereof to be ascertained in manner following, that is to say : To be fixed on, and determined upon, and declared by two appraisers, to be named and appointed, one of them by the said party of the first part, his heirs or assigns : the other by the said party of the Beoond part, executors, administrators, or assigns, with power to them, the said appraisers, to name and call in a third if they cannot agree : and in such valuation and appraisement the amount of such rent shall be calculated ^together as ground rent of a block or parcel of land situated as the said CONVEYANCER. 145 premises are situated, and the value of any buildings, tenements, houses, or erections thereon, is not to be considered in any wise in making such appraisement - such appraisement to be made within fourteen days after the end of the term hereby granted : such rent to be payable in quarterly payments as aforesaid, and to commence from and immediately after the termination of the first term ; or, if the said party of the first part, his heirs and assigns, decline making such renewal for a second term, — which it shall be optional for him or them to do or make (but of which intention to decline, the said party of the first part, heirs, or assigns shall give to the said party of the second part, executors, administrators, or assigns, or leave at his or their last known place of abode, a notice, in writing, at least three calendar months before the expiration q£ the said term of years hereby granted, or any future term to be granted as hereby provided), — then it is hereby expressly covenanted, declared, and agreed upon, by and between the parties hereto, and their respective repre- sentatives, that all the buildings, houses, and erections, placed, erected, and being on said premises at the expiration of the first term of years, by the said party of the second part, executors, administrators, or assigns, shall be duly valued and appraised, by appraisers named and appointed on behalf of each party, as above particularly mentioned, with power to them to name, refer to, and call in a third person, should they not agree as above mentioned — such appraisement to be made.within fourteen days from and after the determination of the said first term hereby demised— who shall fix on the value under the conditions aforesaid : And the said party of the first part, hereby for himself, his heirs, and assigns, covenants, promises, and agrees, to and with the said party of the second part, executors, administrators, and assigns, that he or they, or some one of them, will pay to the said party of the second part, executors, administrators, or assigns, the full sum of money so to be fixed by the said appraisers or their referee, as the value of, or compensation for, said houses, buildings, and erections, on the said hereby demised premises, then standing and being, within one calendar month after such value is ascertained and declared as aforesaid, a renewal for a second term having been declined to be made by him or them as aforesaid ; And also, that if any such renewal of a second term be granted as aforesaid, under the terms and conditions herein pro- vided for granting the same, by the said party of the first part, his heirs, or assigns, to the said party of the second part, executors, administra- tors, and assigns, that at the end of such renewed term, so to be granted as aforesaid, the said party of the first part, his heirs and assigns, shall and will grant a further renewed lease to the said party of the second part, 146 THE CANADIAN executors, administrators, and assigns, of a further term of years, precisely on the same terms and conditions as hereinbefore provided for the first renewal thereof, the amount of rent payable quarterly to be ascertained by appraisers, in the manner and form above provided and set forth, or shall and will pay for all buildings and erections then being on said premises (should such renewal be refused or declined, and of which notice shall have been given as a&resaid), at a rate to be ascertained by appraisement as aforesaid, and within thfe time, and according to the terms, conditions, and agreements above mentioned and expressed : and so on at the end of every renewed term ; it being the true intent and meaning of these presents, and it is hereby expressly covenanted and agreed upon, by and between the said parties h^to, their heirs, executors, administrators and assigns, that at the end of the hereby granted term of years, and also at the end of every renewed term of , years, so to be granted as aforesaid, the said party of the first part, heirs and assigns, shall grant a renewed term or lease of years of the said hereby demised premises, and so on for ever, ascertaining the amount of rent to be paid during such renewed term, by appraisement, as hereinbefore provided, and always estimating the amount of said rent as ground rent, and exclusive and independent of all buildings and improvements thereon erected, put, placed, and being, until the said party of the first part, his heirs, or assigns, elect to determine these pre- sents, and all further renewal ortrenewals of the hereby demised premises, and of which notice shall be given as aforesaid, by paying within the term above limited at the expiration of each term, for all such buildings, erec- tions, and improvements as may be put, placed, erected, and then being thereon, by the said party of the second part, executors, administrators, or assigns, at the appraised value, to be ascertained and estimated by referees, in manner hereinbefore provided. And it is hereby further covenanted and agreed upon, by and between the said parties of the first and second parts, for themselves and their respective legal representatives, that all Dower, and' all charges and costs arising from the demand of the same, either at law or in equity, that may hereafter be made, and that may be chargeable on the said premises, and legally and lawfully demanded there- for, shall be deducted from the rent reserved, or to be hereafter reserved, as aforesaid, for the said premises, such Dow.er being limited to the ground, (and not to apply to the improvements thereon), and the rents, issues, and profits thereof, it being hereby clearly admitted and understood that the buildings and improvements to be made and erected on said premises, will be made and erected by the said party of the second part, executors, administrators, or assigns, and that the said party of the second part. CONVEYANOEB. 147 executors, administrators, and assigns, shall be answerable only for the balance of such rent, after deducting such Dower and the charges accruing from demanding or enforcing the same, anything herein contained to the contrary thereof in any wise notwithstanding. And also, that if the said party of the first part, his heirs, executors, administrators, or assigns, do and shall, at any time hereafter, neglect, decline, or refuse to pay to the said party of the second part, executors, administrators, or assigns, the full sum of money so to be fixed and determined by the said appraisers, or their referee, as to the value or compensation for the said houses, buildings, and erections on the said hereby demised premises then standing and being (upon being lawfully demanded), for the space of one calendar month after such value is ascertained, declared, and demanded as aforesaid (a renewal for a second, or for any subsequent term, having been declined to be made by him or them, and notice given as aforesaid), or if he or they refuse or neglect to name and appoint an appraiser, for the pur- pose of ascertaining and determining such value, within the period above fixed and prescribed, then, in either such case, the said party of the second part, executors, administrators, and assigns, shall hold and enjoy the said premises for the further term of years, reckoned from the expiration of the preceding term, subject to the same terms, conditions, rents and agreements contained and provided, for the term then last expired and ended : Nevertheless, subject, after the termination of the term so created, to all the conditions, provisoes, and agreements contained in and by these presents for the renewal of any term, or for the purchase of the buildings and improvements as aforesaid : It being clearly and fully under- stood and agreed upon, by and between the said parties to these presents, and their legal representatives, that the neglect or refusal to appoint an appraiser, on the part of the lessor, to estimate the value of the improve- ments as aforesaid, or the neglect or refusal of payment, after notice as aforesaid, for the value thereof, for the space of time above provided and mentioned (after due demand as aforesaid), shall, at all times hereafter, entitle and authorize the said lessee and representatives to hold, own, and enjoy the said premises, for another term of years, upon the terms, and for the rents provided for in the preceding and then expired or expiring term, so often as payment of the purchase money for the build- ings and improvements as aforesaid, shall be neglected or refused to be made, or the appointment of an appraiser, for the purpose of ascertaining such value, shall be neglected or refused to be made by the said lessor, or his legal representatives : and that, at the expiration of the term hereby created and provided for under the contingencies aforesaid, the original and 148 THE CANADIAN first provisions and conditions contained in these presents stall then again operate and be in full force and effect. And the said party of the ^rst part further covenants, that he, his heirs and assigns, will, at any time within five years from the date hereof, upon payment by the said lessee, his execu- tors, administrators, or assigns, unto him or them, of the sum of of lawful money of Canada, execute a Deed, in fee simple, of the premises hereby demised, unto the said partyt of the second part, his heirs and assigns, or as he or they may direct or appoint. In Witness whereof, the said parties to these presents have hereunto set their hands and affixed their' seals the day and year first above written. Signed, Sealed, and Delivered in the presence of LEASE OF PAET OE A HOUSE. Memorandum of an, agreement made and entered into the day of 18 , by and between A. B., of. , and 0. D., of &c., whereby the said A. B,. agrees to let, and the said C. D. agrees to take the rooms or apartments following, that is to say : . being part of a house and premises in which the said A. B. now resides, situate and being No. , in ^ street, in the city of , To have and to Hold the said rooms and apartments, for and during the term of half a year, to commence from the day of , instant, at and for the yearly rent of lawful money of Canada, payable monthly, by even and equal portions, the first payment to be made on the day of next ensuing the date hereof ; and it is further agreed that, at the expiration of the said term of half a year, the said C. D. may hold, occupy, and enjoy the said rooms or apartments, from month to month, for so long a time as the, said C. D. and A. B. shall agree, at the rent above specifi!ed : and that each party be at liberty to quit possession on giving the other, a month's notice ii^ writing. And it is also further agreed, that when the said C. D. shall quit the premises, he shall leave them in as good con- dition and repair as they shall be in, on his taking possession thereof, reason- able wear excepted. In vs^itness, &c. LETTER OF LICENSE. TO ALL TO WHOM these presents shall come, we, who have hereunto subscribed our names, and affixed our seals, creditors of I. B., of Send Greeting : Whereas the said I. B., on the day of the date hereof, is indebted unto OONVETANCER. 149 US, the several creditors hereunder named, in divers sums of money, which at present he is not able to pay and satisfy, without respite and time to be given him for payment thereof: Know te, therefore, that we, the said several creditors, and each and every of us, at the particular request of the said I. B., have given and granted, and, by these our present letters, do give and grant, unto the said I. B., full and free liberty, license, power, and authority, to go about, attend, follow, and negotiate any affairs, business matters, or things whatsoever, or at any place or places whatsoever, without any let, suit, trouble, arrest,, attachment, or any other impediment to be offered or done unto the said I. B., his wares, goods, moneys, or other effects whatsoever, by us or any of us, or by the heirs, executors, adminis- trators, partners, or, assigns of us, or any of us, or by our, or any of our, means or procurement, to be sought, attempted, or procured to be done, for and during months next and immediately ensuing the day of the date hereof. And further, we, the said creditors hereunder subscribed, do, and each of us doth, covenant and grant, for ourselves, our heirs, executors, adminis- trators, and assigns, respectively, and not jointly, or one for another, or for the heirs, executors, administrators, or assigns of each other, to and with the said I. B., that we, or any of us, our heirs, executors, administrators, or assigns, or any of them, shall not, nor will, during the time aforesaid, sue, arrest, attach, or prosecute the said I. B.; for or on account of our respec- tive debts, or any part thereof: and that, if any hurt, trouble, wrong, damage, or hindrance be done unto the said I, B., either in body, goods, or chattels, within the aforesaid term of next ensuing the date hereof, by us or any of us the said creditors, or by any person or persons, by or through the procurement or consent of us, or any of us, contrary to the true intent and meaning of these presents, then the said I. B., by virtue hereof, shall be discharged and acquitted forever, against such of us the said creditors, his and their heirs, executors, administrators, or assigns, by whom and by whose will, means, or procurement, he shall be arrested, attached, imprisoned, or damaged, of all manner of actions, suits, deeds, debts, charges, sum and sums of money, claims and demands what- soever, from the beginning of the world, to the day of the date hereof. In wiTNfSS WHERiiOF, v,e have hereunto set our hands and seals, this day of one thousand eight hundred and Signed, sealed, and delivered in the presence of LICENSE TO USE INVENTION. This Indenture, made the day of in the year of our Lord one thousand eight hundred and Bt and Between '^^^ THE CANADIAN of the first part, and of the second part : Wheeeas, by certain Letters Patent, bearing date the day of in the year of our Lord one thousand eight hundred and Her Majesty Queen Victoria did give and grant unto the said his executors, administrators, and assigns, the sole privilege of making, constructing, using, and vending a new.and useful Improvement in of which he claims to be the original inventor or discoverer, for the term of fourteen years within the Province of Canada, with a prohibition to all persons whatsoever other than the said his agents and assigns, to use the said Invention as in and by the said Letters Patent duly recorded in the Provincial Eegistrar's office will more fully appear. And whereas the said party of the first part hath contracted with the said part of the second part for the sale to of the full and exclu- sive right of making, constructing, using, and vending the said invention or improvement within the at or for the price or sum of Now THIS Indenture witnesseth, that for and in consideration of the said sum of to the said party of the first part in hand well and truly paid by the said part of the second part, at or before the ensealing and delivery hereof, the receipt whereof is hereby acknowledged, he the said party of the first part hath granted, bargained, sold, assigned, trans- ferred, and set over, and by these presents doth grant, bargain, sell, assign, transfer, and set over unto the said part of the second part, or legal representatives or assigns, and every of them, by his and their deputy or deputies, or agent or agents, or such as the said part of the second part, or legal representatives or assigns, shall at any time agree with, and no others,from time to time and at all times hereafter during the residue of the said term of fourteen years in the said patent mentioned, the full and exclu- sive right and liberty of making, constructing, using, and vending to others, to be used, the said invention or discovery within in such manner as to the said part of the second part lawful representatives and assigns, or any of them, shall in their discretion seem meet. To have and to hold, receive and enjoy, within the said the said licence, powers, privileges, and advantages herein-before granted, or intended so to be, unto the said part of the second part or lawful representatives and assigns, for and during the residue of the said term of fourteen years. And the said party of the first part doth hereby for himself, his execu- tors and administrators, covenant, promise and agree, to and with the said part of the second part executors, administrators and assigns, in manner following, that is to say, that for and notwithstanding any act. OONVETANCEB. 151 matter, or thing to the contrary by him done or suffered, he the said party of the first part hath good right, full power, and authority to assign and convey the right to the said invention, in manner aforesaid. And that he, the said party of the first part, hath not by any means directly or indirectly, forfeited any right which he ever had, or might have had, to the said invention or patent. And that the said part of the second part executors, administrators and assigns, shall and may, by virtue of these presents, have, receive and take all the profits and advantages whatsoever that shall or may arise from the said invention within the limits of without any let, hindrance, denial, or interruption from the said party of the first part, his executors, administrators, or assigns. And that the said party of the first part executors and administrators, shall and will make, do, and execute, or cause or procure to be made, done, and executed, all and every such act or acts, deed or deeds, devices or assurances in the law necessary for assigning to the said part of the second part, executors, administrators and assigns, the right to the said Invention, under the said Letters Patent, within the limits of In Witness whereof the said parties to these presents have hereunto set their hands and seals, the day and year first above written. Signed, Sealed, and Delivered in the presence of MOETGAGE IN FEE, OE REAL ESTATE. This Indenture, , made the day in the year of our Lord one thousand eight hundred and Between of the first part ; wife of the said party of the first part of the second part , and of the third part, WITNESSETH, that the said party of the first part, for and in consideration of the sum of of lawful money of Canada, to him by the said party of the third part, in hand well and truly paid (the receipt whereof is hereby acknowledged,) Hath granted, bargained, sold, aliened, released, enfeoffed, conveyed and confirmed, and by these presents Doth grant, bargain, sell, alien, release, enfeoff, con- vey and confirm, unto the said party of the third part, heirs and assigns. All and Singular, th certain parcel or tract of land and premises, situate, lying and being in the of in the county of of the province of Canada, being composed of Together with all and singular, the houses, out-houses, buildings, woods, ways, water- courses, easements, profits, privileges, emoluments, hereditaments and appurtenances, whatsoever, to the said parcel or tract of land, tenements, 152 THE CANADIAN hereditaments and premises belonging, or in any wise ^pertaining, or therewith used and enjoyed, or known or taken as a part or parcel thereof, or any part thereof, and the reversion and reversions, remainder and. re- mainders, rents, issues and profits thereof, and every part and parcel thereof, and all the estate, right, title, interest, use, trust, claim, property and de- mand, both at law and in equity, of him the said party of the first part, of, in, to, or out of the same, and every part and parcel thereof. To have AND TO HOLD, the Said lands, tenements, hereditaments adfl premises, and all and singular other the premises hereby conveyed or mentioned, or in-, tended so to be, with their and every of their appurtenances, unto the said party of the third part, heirs and assigns, to the sole and only use of the said party of the third part, heirs and assigns forever. Subject nevertheless to the resgrvations, limitations^- provisoes and conditions ex- pressed in the original grant thereof from the Crown ; And this Inden- TtTRB ruETHER WITNESSETH, that the Said party of the second part, with the privity and consent of her said Husband, testified by his execution hereof, in consideration of the premises, and also in consideration of the further sum of five shillings of lawful money of Canada aforesaid, to her by the said party of the third part in hand well and truly paid, (the receipt whereof is hereby acknowledged), hath remised, released, and forever relin- quished and quitted claim, and by these Present? doth remise, release, and for- ever relinquish and quit claim, unto the said party of the third part, heirs, executors, adniinistrators and assigna^ all dower, and all right and title thereto, which she the said party of the second part now hath, or in the event . of surviving her said husband, can, or may, or could, or might hereafter in any wise have or claim, whether at Common Law or otherwise howsoever, of, in, to, or out of the lands, tenements, hereditaments and premises hereby con- veyed, or hereinbefore mentioned or intended so to be conveyed, with the appurtenances, or of, in, to, or out of the same, or any part thereof: Pro- vie tD ALWAYS and these presents are upon this express condition, that if the said party of the first part, his heirs, executors, or administrators,, or any of them, do and shall well and truly pay, or cause to be paid, unto the said party of the third part, executors, administrators, or assigns, the just and full sum of of Lawful Money of Canada, with interest thereon at the rate of per cent, per annum, on the day and time and in manner following, that is to say : without any deduction, or abate- ment out of the same, for or in respect of any taxes, rates, levies, charges, rents, assessments, statute labour, or other impositions, whatsoever, already rated, charged, assessed, or imposed, or hereafteir to be rated, charged, assessed, or imposed, by authority of Parliament, or otherwise howsoever, CONVEYANCp,. 153 on the said lands, tenements, hereditaments and premises, with their appur- tenances, or on the said party of the third part, in respect of said premises or of said money, or for, or in respect of, any other matter or thing whatsoever ; and moreover, until default shall happen to be made of or in the payment of the said sum of money in this proviso mentioned, or of or in the interest thereof, do and shall well and truly pay, do, and perform, or cause or procure to be paid, done and performed, all the taxes, rates, levies, charges, rents, assessments, statute labour and other impositions aforesaid ; Then, from and immediately after such payment so made as aforesaid, and the observance, performance and fulfilment of all and every of the provisions, agreements and stipulations, in this proviso particularly set forth, these presents, and every clause, cove- nant, matter and thing herein contained shall be absolutely null and void, to all intents and purposes whatsoever, as if the same had never been made : And the said party of the first part doth hereby for himself, his heirs, ex- ecutors and administrators. Covenant, Promise and Agree, to and with the said party of the third part, heirs and assigns, in manner following, that is to say : That he the said party of the first part, his heirs,' executors, or administrators, or some or one of them, shall and will well and truly pay, or cause to be paid, unto the said party of the third part, heirs, execu- tors, administrators, or assigns, the said sum of money in the above proviso mentioned, with interest for the same as aforesaid, at the day and time and in manner above limited for payment thereof, and shall and will in every thing well, faithfully and truly do, observe, perform, fulfil and keep all and singular the provisions, agreements and stipulations, in the said above proviso particularly set forth, according to the true intent and mean- ing of these presents, and of the said above proviso ; And also, that he the said party of the first part, at the time of the ensealing and delivery hereof, is and stands solely, rightfully and lawfully seized of a good, sure, perfect, absolute and indefeasible estate of inheritance, in fee simple, of and in the lands, tenements, hereditaments, and all and singular other the premises hereinbefore described, with their and every of their appurtenances, and of and in every part and parcel thereof, without any manner of trust, reservations, limitations, provisoes, or conditions, or any other matter or thing, to alter, charge, change, encumber, or defeat the same : And Also, THAT he the said party of the first part, now hath in himself good right, full power, and lawful and absolute authority, to alien, convey and dispose of the said lands, tenements, hereditaments and premises, and every part and parcel thereof, with the appurtenances unto the said party of the third part, heirs and assigns, in manner and form aforesaid ; And also, that from and after default shall happen to be made of or in the payment of the L 154 THE CANADIAN said sum of money in the said above proviso mentioned, or the interest thereof, or any part thereof, or of or in the doing, observing, performing, fulfilling, or keeping some one or more of the provisions, agreements, or stipulations, in the said above proviso particularly set forth, contrary to the true intent and meaning of these presents and of the said proviso, then and in every such case, it shall and may be lawful to and for the said party of the third part, heirs and assigns, peaceably and quietly to enter into, have, hold, use, occupy, possess and enjoy the aforesaid lands, tenements, here- ditaments and premises hereby conveyed, or intended so to be, with the ap- purtenances, without the let, suit, hindrance, interruption, or denial of him the said party of the first part, his heirs or assigns, or any other person or persons whomsoever, and that free and clear, and freely and clearly acquit- ted, exonerated and discharged, of and from all arrears of taxes and assess- ments whatsoever, due or payable upon or in respect of the said lands, tenements, hereditaments and premises, or any part thereof, and of and from all former "conveyances, mortgages, rights, annuities, debts, judgments, exe- cutions, and recognizances, and of and from all manner of other charges or incumbrances whatsoever : And also, that from and after default shall happen to be made of or in the payment of the said sum of money in the said proviso mentioned, or the interest thereof, or any part thereof, or of or in the doing, observing, performing, fulfilling, or keeping some one or more of the provisions, agreements, or stipulations, in the said proviso particu- larly set forth, contrary to the true intent and meaning of these presents and of the said proviso, he the said party of the first part, his heirs and assigns, and all &,nd every other person or persons whomsoever, having, or lawfully claiming, or who shall or may have, or lawfully claim, any estate, right, title, interest or trust, of, in, to, or out of the lands, tenements, hereditaments, or premises, hereby conveyed, as afiaresaid, or intended so to be, with their appurtenances, or any part thereof, by, from, under, or in trust for him the said party of the first part, shall and will from time to time, and at all times thereafter, at the proper costs and charges in the law of the said party of the third part, heirs and assigns, make, do, sufi'er and execute, or cause or procure to be made, done, suffered and exe- cuted, all and every such further and other reasonable act and acts, deed and deeds, devices, conveyances and assurances in the law, for the further, better and more perfectly^ and absolutely conveying and assuring of the said lands, tenements, hereditaments, and premises, with the appurtenances, unto the said party of the third part, heirs and assigns, as by the said party of the third part, heirs and assigns, or or their counsel learned in the law, shall be lawfully and reasonably devised, advised or CONVEYANCER. 155 required : And lastly, it is hereby declared and agreed, by and between the said parties to theso presents, that until default shall happen to be made of or in the payment of the said sum of money in the above provia9 mentioned, or of or in the interest thereof, or of or in the doing, obser- ving, performing, fulfilling, or keeping some one or more of the provisions, agreements, or stipulations, in the said above proviso particularly set forth, contrary to the true intent and meaning of the said above proviso, it shall and may be lawful to and for the said party of the first part, his heirs and assigns, peaceably and quietly to have, hold, use, occupy, possess and enjoy the said lands, tenements, hereditaments and premises, and every part thereof, with the appurtenances above mentioned to be hereby convoyed as aforesaid, and receive and take the rents, issues and profits thereof, to his and their own use and benefit, without the let, suit, hindrance, interruption, or denial of or by the said party of the third part, heirs, executors, administrators, or assigns, or of or by any other person or persons whom- soever, lawfully claiming, or who shall or may lawfully claim, by, from, or under them, or any or either of them. In witness whereof the parties to these presents have hereunto set their hands and afiixed their seals the day and year first above written. Signed, sealed, and delivered, in the presence of Received, on the day of the date of this Indenture, the sum of of lawful money of Canada, being the full consideration therein mentioned. MORTGAGE IN EEE. (^Shorter Form.) This Indenture, made the day of in the year of our Lord one thousand eight hundred Between of the first part wife of the said party of the first part, of the second part, and of the third part WITNESSETH, that the said party of the first part, in consideration of the sum of of lawful money of Canada, to him by the said part of the third part in hand paid at or before the sealing and delivery of these presents, (the receipt whereof , is hereby acknowledged). Doth grant, bargain, sell, release, convey, and confirm, unto the said part of the third part, heirs and assigns ; All AND Singular, th certain parcel or tract of land and premises, situate, lying, and being Together with the appurtenances, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, use, trust, claim, property and demand, both at 156 THE CANADIAN law and in equity, of him, the said party, of the first part, of, in, to, or out of the same. To HAVE AND TO HOLD the said lands, tenements, hereditaments, and premises, and all and singular other the premises hereby conveyed, or in- tended so to be, with the appurtenances, unto the said part of the third part, heirs and assigns, To the sole and only use of the said part of the third part, heirs and assigns for ever. Subject to the reserva- tions, limitations, provisoes and conditions expressed in the original grant thereof from the Crown. And this Indenture further witnesseth that the said party of the second part, wife of the said party of the first part, with the privity and consent of her said husband, testified by his being a party to and executing these presents, in consideration of the premises, and of the sum of five shillings to her paid by the said part of the third part, the receipt whereof is hereby acknowledged, Doth hereby remise, release, and for ever relinquish and quit claim unto the said part of the third part, heirs, executors, administrators, and assigns, all dower and all right and title thereto, which she, the said party of the second part, now hath, or in the event of surviving her said husband can or may hereafter have or claim, whether at Common Law or otherwise, of, in, to, or out of the said lands, tenements, hereditaments and premises, or any part thereof. Provided always, and these presents are upon this express condition, that if the said party of the first part, his heirs, executors, administrators or assigns, or some or one of them, do and shall well and truly pay, or cause to be paid, unto the said part of the third part, executors, administrators or assigns, the said sum of with interest thereon, at per cent, per annum, at the times and in manner following, that is to say : without making any deduction, defalcation, or abatement thereout, in respect of any taxes, assessments, or other- wise, now or hereafter to be assessed- or imposed on the said lands, tene- ments, hereditaments, and premises, or any part thereof, by authority of Parliament or otherwise howsoever, then, and from thenceforth, this Inden- ture and every clause, matter and thing herein contained, shall absolutely cease, determine, and be void to all intents and purposes whatsoever, as if the same had never been made. * And the said party of the first part, doth hereby for himself, his heirs, executors, administrators, and assigns, Covenant, Promise and Agree to and with the said part of the third part, heirs and assigns ; That he, the said party of the first part, his heirs, executors, adminis- trators or assigns, or some one of them, shall and will well and truly pay CONVEYANCER. 157 or cause to be paid, unto the said part of the third part, executors, administrators, or assigns, the said principal sum and interest, in the above proviso mentioned, on the days and times and in manner above limited for payment thereof, according to the true intent and meaning of these presents. And also, that he, the said party of the first part, at the time of the seal- ing and delivery of these Presents, is lawfully seized in fee of the said lands, tenements, hereditaments and premises, without any manner of use, trust, reservation, liihitation or condition, to' alter, change, charge, incumber or defeat the same. And also, that he, the said party of the first part, now has in himself, good right, full power and lawful and absolute authority, to convey and as- sure the said premises hereby conveyed, or intended so to be, unto the said part of the third part, heirs and assigns, in manner aforesaid, and according to the true intent and meaning of these presents. And also, that from and after default shall happen to be made in pay- ment of the said principal sum, or the interest thereof, in the above proviso mentioned, it shall and may be lawful for the said part of the third part, heirs and assigns, peaceably and quietly to have, hold, use, occupy, possess and enjoy the said lands, tenements, hereditaments and premises without the let, suit, hindrance, interruption or denial of the said party of the first part, his heirs or assigns, or any other person or persons whom- soever, and that free and clear of and from all incumbrances whatsoever. And also, that from and after such default as aforesaid, he the said party of the first part, his heirs and assigns, and all other persons having or law- fully claiming any estate, right, title or interest in the said lands, tene- ments, hereditaments and premises, hereby conveyed, or intended so to be by, from, under, or in trust for the said party of the first' part, shall and will, from time to time, and at all times hereafter, at the cost and charges of the said part of the third part, heirs or assigns, make, do, and execute, or cause and procure to be made, done, and executed, all such further and other lawful and reasonable conveyances and assurances in the law of the said premises, as by the said part of the third part, heirs or assigns, or their counsel in the law, shall be reasonably devised, advised and required. Provided always, and it is hereby declared and agreed, that until default shall be made in payment of the said sum and interest on the days and times in the above proviso limited and appointed for the payment thereof, it shall be lawful for the said party of the first part, his heirs and assigns, peaceably and quietly to hold and enjoy the said premises, and to receive and take the rents and profits thereof to his and their own use and 158 THE CANADIAN benefit, without the let, suit, hindrance or interruption of the said part of the third part, or any person or persons claiming, or to claim, by, from or under In Witness whereof, the said parties to these presents, have hereunto set their hands and seals, the day and year first above written. Signed, sealed, and delivered in presence of MORTGAGE, IN FEE, WITH INSURANCE COVENANT. This Indenttjke, made the day of in the year of our Lord One thousand eight hundred and Between of the first part, wife of the said party of the first part of the second part and of the third part. WITNESSETH, that in consideration of the sum of of lawful money of Canada to the said party of the first part paid by the said part of the third part, the receipt whereof is hereby ackowledged. He, the said party of the first part, Doth grant, bargain, sell, re- lease, convey, and confirm, unto the said part of the third part heirs and assigns. All th certain parcel or tract of land and premises, situate, lying, and being in the Togethee with the appurtenances, and all reversions, remainders, rents, issues, and profits thereof, and all the estate, right, title, interest, use, trust, property, possession, claim, and de- mand of the said party of the first part therein or thereto. To have and to hold the same with the appurtenances unto the said part of the third part, heirs and assigns to the sole and only use of the said part of the third part, heirs and assigns for ever ; Subject, nevertheless, to the reservations, limitations, provisoes, and conditions expressed in the original grant thereof from the Crown. And this Indenture further witnesseth, that the said party of the second part, with the privity and consent of her said husband, testified by his being a party to these presents, in consideration of the premises and of the sum of Five Shillings to her by the said part of the third^art paid, at or before the sealing and delivery of these Presents, the receipt whereof is hereby acknowledged. Doth remise, release, and forever relin- quish and quit claim unto the said part of the third part, heirs, executors, administrators, and assigns, all Dower and all right and title thereto, which she, the said party of the second part, now hath, or in the event of surviving her said husband, can or may hereafter have or claim at Common Law or otherwise howsoever, in, to, or out of the said lands and premises hereby conveyed, or any part thereof. CONTEYANOKR. 159 Provided always, that if the said party of the first part, his heirs, executors, or administrators do and shall pay unto the said part of the third part executors, administrators, or assigns, the full sum of with interest for the same at per cent, per annum, at the times and in manner following, that is to say : Without any deduction or abate- ment whatsoever, then these Presents shall cease and be absolutely void to all intents and purposes whatsoever as if the same had never been executed. And the said party of the first part doth h^eby for himself, his heirs, executors, and administrators, covenant, promise and agree, to and with the said part ol» the third part, executors, administrators, and assigns. That he, the said party of the first part, his heirs, executors, or adminis- trators, or some, or one of them, will well and truly pay or cause to be paid, unto the said part of the third part, executors, administrators and assigns, the said principal money and interest, at the times and in .manner hereinbefore appointed for payment thereof, without any deduction or abatement whatsoever, and according to the true intent and meaning of these Presents. And that the said party of the first part now hath in himself good right to convey the said premises unto the said part of the third part in manner aforesaid and according to the true intent and meaning of these Presents. And that it shall be lawful for the said part of the third part, heirs and assigns, after default in payment of the said principal money and interest, peaceably and quietly to enter into and upon and to hold and enjoy the said premises without any interruption or disturbance by the said party of the first part or any other persons whomsoever, free from all in- cumbrances. And that the said party of the first part and his heirs, and all persons having or lawfully claiming any estate or interest in the said premises will at all times hereafter upon every reasonable request, and at the costs and charges of the said part of the third part, heirs, executors, adminis- trators, or assigns, make, do, execute, and perfect such further assurances for more efiectually conveying the said premises unto the said part of the third part heirs and assigns, in manner aforesaid, as by the said part of the third part heirs, executors, administrators or assigns shall be required. Provided always, that until default shall be made in payment of the said principal money and interest, as hereinbefore provided, it shall be law- ful for the said party of the first part, his heirs and assigns, to hold, occupy, and enjoy, and receive and take the rents and profits of the said lands and 160 THE CANADIAN premises, without any molestation, hindrance, or disturbance of the said part of the third part heirs or assigns, or any person claiming under or them. And the said party of the first part doth hereby for himself, his heirs, executors, and administrators, lastly covenant, promise and agree with and to the said part of th.3 third part, heirs, executors, administrators and assigns, that he will forthwith insure, and during the continuance of this security keep insured, the said messuages and erections on the said land and premises hereby conveyed, in the sum of at the le^t in some re- spectable Insurance office, to be approved of by the said part of the third part, in the names of the said parties of the first and third parts, respectively, and from time to time pay the premiums for keeping the said policy on foot as the same shall become due, and produce the receipts there- for when required by the said part of the third part, and in case of fire shall and will forthwith rebuild the said messuages and premises and apply the money to be received from such Insurance office therefor, or apply the same in payment of the principal money and interest hereby secured, so far as the same will extend ; and that in case the said party of the first part shall omit or neglect to effect or keep on foot such insurance, it shall be lawful for the said part of the third part so to do, and that the sums paid for such purpose shall form a lien on the premises hereby conveyed and carry interest at the rate of six per cent, per annum, from the times of such ad- vancement until repayment, and that the said premises shall not be re- deemed or redeemable until repayment thereof. In witness whereof, the parties to these presents have hereunto set their hands and seals, the day and year first above written. Signed, sealed and delivered in presence of MEMORIAL, TO MORTGAGE IN FEE. A Memoeial, (To be registered pursuant to the Act of Parliament in that behalf) of an Indenture of Bargain and Sale; by way of Mortgage, bearing date the day of in the year of our Lord one thousand eight hundred and , and made between of the first partj wife of the said party of the first part, of the second part, and of the third part. Wherebt it is Witnessed, that the said party of the fiirst part, for, and in consideration of of lawful money of Canada, the receipt whereof is thereby acknowledged, granted, bargained, sold aliened, re- leased, transferred, conveyed, assured, and confirmed unto the said parties CONVEYANCER. 161 of the third part, their heirs and assigns, all th certain parcel or tract OP land and PREMISES, situate,- lying, and being Together with all and singular the tenements, hereditaments and appurtenances there- to in anywise belonging ; to hold to the said part of the third part, heirs and assigns, to the use of the said part of the third part, heirs and assigns for ever, subject to the reservations, limitations, provisoes and conditions, expressed in the original grant thereof from the Crown And the said party of the second part, in consideration of five shillings to her paid, by the said part of the third part, hath remised, released, and for ever relinquished her dower in the said premises unto the said part of the third part, heirs, executors administrators and assigns. Subject, nevertheless, to a proviso therein contained, that the said Indenture shall be void on payment by the said party of the first part, heirs, executors or administrators, to the said part of the third part, executors, administrators or assigns, of the sum of of lawful money of Canada, with Interest thereon, at per cent., on the days and times and in manner following, that is to say : Which said Indenture, as to the execution thereof by the said is witnessed by And this Memorial thereof is hereby required to be registered by me, the said party of the part therein mentioned. As Witness my hand and Seal, this day of 18 Signed and sealed in the presence of CouNTT OF TO WIT : in the within Memorial named, maketh Oath that he was present, and saw the said grantor duly execute the Deed to which the within Memorial relates : Also (together with another subscribing Witness,) saw duly execute the said Memorial ; and that he. Deponent, is a subscribing Witness to said Deed and Memorial, and that both the said Instruments were executed at Sworn before me, at this day of 18 Commissioner for taking Affidavits, ^c. MORTGAGE IN FEB, WITH POWER OF SALE. This Indentuhe made the day of in the year of our Lord one thousand eight hundred and Between of the first part, wife of the said party of the first part, of the second part ; and of the third part : WITNESSETH, that in consideration of the sum of of lawful money of Canada, to the said party of the first part this day lent, advanced and paid by the said party of the third part, the receipt whereof the said party 162 THE CANADIAN of the first part, do hereby acknowledge, and of and from the same do hereby release the said party of the third part heirs, executors, administrators and assigns, the said party of the first part ha granted, bargained, sold, aliened, released, transferred, conveyed, assured and confirmed, and by these presents do grant, bargain, sell, alien, re- lease, transfer, convey, assure and confirm, unto the said party of the third part, and to heirs and assigns, all th certain parcel or tract of land and premises, situate in the being composed of Together with all houses, edifices, buildings, yards, gardens, orchards, ways, waters, water-courses, trees, woods, fences, liberties, privileges and appurtenances whatsoever, to the said lands, hereditaments and premises belonging, or in anywise appertaining : And all remainders, reversions, yearly and other rents, issues and profits, of and in the same lands, hereditaments and pre- mises, and all the estate, right, title, use, trust, property, possession, claim, and demand whatsoever, of the said party of the first part, of, in or to the same lands, hereditaments and premises : To have and to hold the said lands, tenements, and all and singular other the premises hereby granted, sold and released, or intended so to be, with the appurtenances, unto and to the use of the said party of the third part, heirs and assigns for ever. Subject nevertheless to the reservations, limitations, provisoes and con- ditions expressed in the original grant thereof from the Crown. And this iNDENTraE eurthee WITNESSETH, that the said party of the second part, with the privity and full approbation and consent of her said husband, tes- tified by his being a party to these presents, in consideration of the pre- mises, and also in consideration of the further sum of five shillings of law- ful money of the Province of Canada aforesaid, to her by the said party of the third part in hand well and truly paid at or before the sealing and deli- very of these presents (the receipt whereof is hereby acknowledged,) hath remised, released and forever relinquished and quitted claim, and by these presents doth remise, release and forever relinquish and quit claim, unto the said party of the third part, heirs, executors, administrators and assigns, all dower, and all right and title thereto, which she the said party of the second part, now hath, or in the event of her surviving her said husband can or may or could or might hereafter in anywise have or claim, 'whether at Common Law or otherwise howsoever, of, in, to or out of the lands, tenements, hereditaments and premises hereby conveyed or hereinbe- fore mentioned or intended to be conveyed, with the appurtenances or of, in to or out of any part thereof ; Provided always, that if the said party of the first part, heirs, executors or administrators, do and shall pay unto the said ■party of the third part, executors, administrators or assigns. UOW VJSIAJMUJSB. 163 the full sum of with interest for the same, in manner and at the times following, that is to say : without any default or abatement whatsoever, then these presents shall cease and be void, to all intents and purposes whatsoever ; And the said party of the first part doth hereby, for heirs, executors and administrators, covenant, promise and agree, to and with the said party of the third part, executors, administrators and assigns, that the said party of the first part, heirs, executors or ad- ministrators, some or one of them, shall and will well and truly pay or cause to be paid, unto the said party of the third part, executors, admi- nistrators and assigns, the said principal sum of and interest, at the times and in manner hereinbefore appointed for payment thereof, without any deduction or abatement whatsoever, according to the true intent and meaning of these presents : And also, that the said party of the first part now ha in good right to grant, bargain, sell and convey the said lands, hereditaments and premises, unto the said party of the third part, heirs and assigns, according to the true intent and meaning of these presents : And further, that it shall and may be lawful to and for the said party of the third part, heirs and assigns, after default shall be made in payment of the said sum of and interest, contrary to the pro- viso hereinbefore contained, peaceably to enter into and upon said lands, hereditaments and premises, and to hold and enjoy the same, without any interruption or denial by the said party of the first part, or any other per- son whomsoever : And that free and clear of and from all estates, titles, troubles, liens, charges and incumbrances whatsoever : And moreover, that the said party of the first part, and heirs, and all persons whomsoever claiming any estate or interest in the premises, shall and will, at all times hereafter, during the continuance of the said sum of or any part thereof, on this security, upon every reasonable request of the said party of the third part, heirs, executors, administrators or assigns, but at the costs and charges of the said party of the third part heirs, executors and administrators, make, execute and perfect, all such further coveyances and assurances in the law whatsoever, for the further, better or more perfectly granting, conveying or otherwise assuring the said lands, hereditaments and premises, unto and to the use of the said party of the third part, heirs and assigns, subject to the proviso aforesaid, or the equity thereof, and for the ends, intents, and purposes herein expressed, of and concerning the same, according to the true intent and meaning of these presents, as by the said party of the third part, heirs, executors, admi- nistrators or assigns, or any of their Counsel learned in the Law, shall be reasonably devised and required and tendered to be made : And it 164 THE CANADIAN IS FUKTHER DECLARED and agreed by and between the parties to these presents, that if the said party of the first part, heirs, executors or ad- ministrators, shall not pay to the said party of the third part, executors, administrators or assigns, the said sum of and interest or any part there- of, according to the true intent and meaning of the proviso hereinbefore in that behalf contained, and the said party of the third part, executors, administrators and assigns, shall, after the time limited for such payment of principal or interest has expired, have given to the said party of the first part, heirs, executors or administrators, or have left for or them, at or their last or most usual place of abode, in this Province, notice in writing, demanding payment of the said principal money or inter- est, and calendar months shall have elapsed from the delivery or leaving of such notice, without such payment of principal or interest having been made (of which latter default in payment, as also of the continuance of the said principal money and interest, or some part thereof, on this security the production of these presents shall be conclusive evidence,) it shall and may be lawful to and for the said party of the third part, heirs, executors, administrators and assigns, without any further consent or concurrence of the said party of the first part, heirs and assigns, to enter into posses- sion of the said lands, hereditaments and premises, and to receive and take the rents and profits thereof, and whether in or out of possession of the same to make any lease or leases thereof as shall think fit, and also to sell and absolutely dispose of the said lands, hereditaments and premises, with the appurtenances, either by public auction or private sale and in such way and manner as to shall se«n meet, and to convey and as- sure the same, when so sold, unto the purchaser, or purchasers thereof, his her and their heirs and assigns, or as he, she or they shall direct and appoint : And it is hereby declared and agreed, that the said party of the third part, heirs, executors, administrators, and assigns, shall stand seiz- ed, and be possessed of the said lands, tenements and hereditaments, and of the rents and profits thereof until sale, and after sale, of the proceeds therefrom arising, upon trust in the first place, to deduct thereout all expen- ses which may be necessarily incurred in and attending the execution of the trusts and powers hereby created, together with interest for the same, and after payment thereof do and shall retain and pay unto and for themselves or the said principal sum of or so much thereof as shall then remain unsatisfied, and all interest then due, and in arrear in respect thereof, and after such payment in trust, to pay or transfer the surplus (if any) of the said rents and profits, or proceeds of the said sale, unto the said party of the first part, executors, administrators, or assigns, and also to CONVEYANCER. 165 reconvey and assure such part of the said lands, hereditaments and premises as shall remain unsold, for any of the purposes aforesaid, unto the said party of the first part, heirs and assigns, or as or they shall direct or appoint: And it is hereby further declared and agreed, that the receipts of the said party of the third part, heirs, executors, ad- ministrators and assigns, shall be good and sufficient discharges for all monies therein expressed to have been received, and that the person or persons paying any monies or taking such receipt, shall not afterwards be required to see to the application thereof, nor be answerable or accountable for the misapplication or non-application of the same : And the said party of the third part doth hereby, for heirs, executors and administrators, covenant, promise and agree to and with the said party of the first part, heirs and assigns, that no sale, or notice of sale of the said lands heredita- ments and premises, shall be made or given, or any lease made, or any means taken for obtaining possession thereof, by the said party of the third part, until such time as calendar months' notice, in writing, as afore- said, shall have been given to the said party of the first part, heirs, executors, administrators or assigns, or have been left at last or most usual place of abode, in this Province, demanding payfnent of the principal and interest monies, which, at the end of that time, shall be due, and the said party of the first part, executors, administrators, and assigns shall have made default in payment of the same at that time : And also, that the said party of the third part, heirs and assigns, shall and will, at the expence of the said party of the first part, heirs, executors, administra- tors and assigns, at any time before such sale or sales shall take place, on payment or tender by the said party of the first part, heirs, executors or administrators, of the said principal sum of and interest, which at the time of such tender, shall be due and owing, upon, or by virtue of this security, with all costs as aforesaid, re-convey and re-assure the said lands hereditaments and premises, or such parts thereof as shall then remain un- sold, with the appurtenances, unto the said party of the first part, heirs or assigns, or as or they shall direct or appoint, free from all incum- brances, to be made or done by the said party of the third part, heirs, executors, administrators or assigns, in the meantime : Provided always, that until default shall be made in payment of the said sum of and inter- est, after notice in writing, demanding payment of the same, as hereinbe- fore provided, it shall be lawful for the said party of the first part, heirs and assigns, to hold, occupy and enjoy the said lands, hereditaments and premises, with the appurtenances, without any molestation, hindrance, interruption or denial, of, from, or by the said party of the third part, 166 THE CANADIAN heirs, executors, administrators or assigns, or any person claiming by, from, through, under, or in trust for them, or either of them : Provided LASTLY, that the said party of the third part, heirs, executors, administrators and assigns, shall not be answerable or accountable for any more monies than or they shall actually receive by virtue of these pre- sents, nor for any misfortune, loss or damage, which may happen to the said estate and premises, in the execution of the trusts aforesaid, save and ex- cept the same shall happen by or through or their own wilful neglect or default. In witness whereof, the parties to these presents have hereunto set their hands and Seals, the day and year first above written. Signed, sealed, and delivered, in the presence of Received, on the day of the date of this Indenture, the sum of of lawful money of Canada, being the full consideration therein mentioned. Witness, MORTGAGE IN PEE, WITH POWER OE SALE. (^Another Form) This Indenttoe, made the day of in the year of our Lord one thousand eight hundred and in pursuance of a Statute of the Province of Canada, entitled, " An Act to facilitate the conveyance of Real Property," Between Qiere insert recitals, operative part of deed, and commencement of proviso for redemption.') And ALSO, do and shall well and truly perform, observe and keep all and singular the provisions, covenants and agreements herein contained by said part of the first part heirs, executors, administrators, and assigns, to be performed, observed and kept without any deduction or abatement whatsoever, then these presents, so far as relates to the conveyance of the said lands hereby made shall cease and be absolutely void to all intents and purposes whatsoever as if the same had never been executed. And the said part of the first part, do hereby for heirs, executors, and administrators. Covenant, Promise and Agree, to and with the said part of the second part, executors, administra- tors and assigns, that the said part of the first part, heirs, executors, or administrators, or some or one of them, will well and truly pay or cause to be paid unto the said part of the second part, executors, admin- istrators and assigns, all the said monies named in said proviso, at the times and in manner appointed for payment thereof, without any deduction or abatement whatsoever, and according to the true intent and meaning of hese presents. And the said part of the first part, covenants with the CONVEYANCER. 167 said part of the second part, that has the right to convey the said lands to the said part of the second part, And that after any de- fault by the part of the first part, heirs, executors, administrators or assigns, in the observing or performing any one or more of the provisoes or agreements herein contained by him or them, to be observed or performed, that the said part of the second part shall have quiet pos- session of the said lands free from all incumbrances. And the said part of the first part covenant with the said part of the second part, that will execute such further assurances of the said lands as may be requisite ; And the said part of the first part, covenant with the said part of the second part, that has done no act to in- cumber the said lands ; And the said part of the first part hereby for heirs, executors, administrators and assigns, covenant with the said part of the second part, heirs, executors, administrators and as- signs, to pay all taxes, charges or assessments on said lands hereby conveyed or any part thereof, while the part of the first part, heirs or assigns shall be in possession of the said lands or any monies shall remain due on the security hereof. And it is hereby declared and agreed by and between the said parties hereto, that when and so often as the said part of the first part, heirs, executors, or administrators shall make default in payment of any monies or any interest on any of the days or times when the same ought to be paid according to the true intent and meaning of these presents, it shall be lawful for the said part of the second part heirs, executors, administrators and assigns, or any of them, without any further consent or concurrence of the said part of the first part, heirs or assigns, to enter into possession of the said lands and premises hereby conveyed or intended so to be, and to receive and take the rents and profits thereof, and whether in or out of possession, to make any lease or leases thereof as he or they shall think fit ; And also from time to time, or at any time, to sell and absolutely dispose of the said lands and premises either by public sale or by private contract, and either altogether or in parcels or lots, or partly by each of those means, and on such terms for cash, or on credit, as the said part of the second part heirs or assigns shall think fit, and for such price or prices as can reasonably be obtained for the same, and subject or not, to any special conditions as to title or otherwise, with liberty to buy in the whole or any part of the said lands and premises, and to rescind, alter, or vary any contract for the sale thereof, or any part thereof, and to re-sell the same in manner aforesaid without being answer- able or responsible for any loss or diminution in price occasioned by any such re-sale ; And to convey and assure the said lands and premises when 168 THE CANADIAN SO sold unto the purchaser or purchasers thereof, his, her or their heirs and assigns, or as he, she or they shall direct and appoint, absolutely freed and discharged of and from the proviso or agreement for redemption hereinbefore contained, and all other provisoes, agreements and declarations, save only the declaration or agreement hereinafter contained respecting the receipts of the part of the second part and the non-liability of the purchasers. Provided always, and it is hereby agreed on, that nothing above con- tained, nor any sale under above power shall discharge the part of the first part, heirs, executors, administrators or assigns, nor said lands un- sold from liability in respect of, or to pay any monies payable by virtue hereof or otherwise, to any greater extent than the amount of the monies which may be actually received, or which, but for the wilful neglect or de- fault of the part of the second part might have been received from any purchaser or purchasers on any sale or sales as hereinbefore authorized ; And that no discharge shall arise or credit be given on any monies so payable in respect of any purchase by the part of the second part, heirs, executors, administrators, or assigns, buying in said lands or any part thereof as before authorized. It is hereby further agreed between all the parties hereto, that until such sale or sales shall be made or accomplished as aforesaid, the said part of the second part, heirs and assigns, shall and will stand and be possessed of and interested in the rents and profits of the said lands in case he or they shall take possession of the same on any default, and after such sale or sales shall stand and be possessed of and interested in the monies to arise and be produced by such sale or sales : Upon trust in the first place to pay and satisfy the costs and charges of the preparing for, and making such sale or sales, and in obtaining and keeping possession of said lands or any part thereof, and all other costs and charges, damages and expenses, which the said part of the second part heirs, executors, administra- tors or assigns shall bear, sustain and be put unto, for taxes, rents, insur- ances and repairs, and all other costs and charges which may be incurred in and about the execution of any of the trusts in hereby reposed, and in the next place to satisfy himself or themselves, or other the party or parties entitled thereto, all monies payable or to become payable, by the said part of the first part, heirs, executors, administrators or assigns by virtue of these presents and the covenants herein contained, and interest, or so much thereof as shall remain due and unsatisfied, up to and inclusive of the day whereon the same shall be paid and satisfied ; And after full payment and satisfaction of all such" sums of -money and interest as afore- said upon this further trust that the said part of the second part. CONVEYANCER. lOW executors, administrators or assigns, do and shall pay the surplus (if any) to the said part of the first part, executors, administra- tors or assigns, or to such person or persons : i he or they shall direct and appoint ; and also, do and shall at the request, costs, charges and expenses of the said part of the first part heirs or assigns, convey and assure unto the said part of the first part, appointees, heirs or assigns, or such person or persons as or shall direct or appoint, all such parts of the said lands and premises as shall remain unsold and undisposed of for the purposes aforesaid, freed and absolutely difcharged o'f or iVom all estates, liens, charges and incumbrances whatsoever of or by the said part of the second part heirs or assigns in the meantime ; And it is FURTHER DECLABEE, that the receipts of the part of the second part heirs, executors, administrators or assigns, shall be guod and sufficient discharges for all moneys therein expressed to be received, and that the person or persons paying the same shall not be bound to see to the applica- tion thereof, nor be answerable or accountable for the misapplication or non-application thereof. And the said part of the second part, do hereby for , heirs and assigns, (Covenant, Promise and Agkejs, to and with the said part of the first part, heirs and assigns, that no sale of the said lands and premises shall be made until days notice in writing shall have been given to the said part of the first part executors, administrators or assigns, or left at his or their last known or most usual pl'ace of abode in this Province, demanding payment, and the said part of the first part, executors, administrators or assigns, shall have made default in payment. Provided always, and it is hereby agreed on between the parties hereto, that until some default shall be made in payment of any moneys or interest on any of the days and times when the same ought to be paid ac- cording to the true intent and meaning of these presents, or in the doing, observing, performing, fulfilling or keeping some one or more of the provi- sions or agreements herein contained by the part of the first part, to be observed, performed, fulfilled or kept, it shall be lawful for the part of the first part, heirs or assigns, to receive and take the rents and profits of the said lands and premises, and to occupy the same without any moles- tation, hindrance or disturbance of the said part of the second part, heirs or assigns, or any person claiming by virtue hereof under him or them. And that the said part of the second part, heirs, execu- tors, administrators and assigns, shall not be answerable or accountable for any more moneysthan or they shall actually receive by virtue of these preseuts, nor for any misfortune, loss or damage which may happen M 170 THE CANADIAN to the said estate and premises in the execution of the trusts aforesaid unless the same shall happen by or through his, or their, own wilful neglect And that notwithstanding the power of sale and other powers and pro- visions of these presents, the said part of the second part executors, administrators and assigns shall have and be entitled to the right of fore- closure of the equity of redemption of said part of the first part, heu-s and assigns in said lands, and every other right to enforce payment of any moneys or interest to become payable by the part of the first part heirs, executors, administrators or assigns by virtue of these presents as fully and efi'ectually as might be exercised and enjoyed in case the said power of sale and the other provisoes and trusts incident thereto and other the powers herein contained had not been herein contained ; And also, that no waiver by the part . of the second part, heirs, executors, ad- ministrators or assigns of any default by the part of the first part, heirs, executors, administrators or assigns shall operate so as to waive any right or powers of the part of the second part herein contained, but the same shall apply on any and every subsequent default or defaults : And for further securing payment of the interest on the said principal sum of the said part of the first part grants to said part of the second part, heirs and assigns, that when and so often from time to time as it shall happen that the said interest on such sum or any part thereof shall be in arrear and unpaid for the space of days after any or either of the days appointed for payment thereof, it shall be lawful for the said part of the second part, heirs and assigns, into and upon the said lands hereby conveyed or intended so to be, and into and upon any part thereof to enter and distrain for the same interest, and the distress and distresses there and then found, to deal with according to law in like manner as landlords are authorized to do, for distresses for rent in arrear, to the intent that thereby and therewith the said part of the second part, heirs and assigns may thereby be fully paid or satisfied, all arrears of said interest, and all costs or charges whatever occasioned by non-payment. And the said party of the third part, wife of the said party of the first part, hereby bars her dower in the said lands. In Witness, &c. Signed, sealed, and delivered in presence of MORTGAGE, WITH POWER of SALE & INSURANCE CLAUSE. This Indenture, made the day of in the year of our Lord one thousand eight hundred and Between of the first part, CONVEYANCER. 171 wife of the said party of the first par.t, of the second part ; and of the third part : WITNESSETH, that in consideration of the sum of of lawful money of Canada, to the said party of the first part this day lent, advanced and paid by the said party of the third part, the receipt whereof the said party of the first part do hereby acknowledge, and of and from tlie same do hereby release the said party of the third part, heirs, executors, admi- nistrators and assigns, the said party of the first part iia granted, bargained, sold, aliened, released, transferred, conveyed, assured and con- firmed, and by these presents do grant, bargain, sell, alien, release, trans- fer, convey, assure and confirm, unto the said party of the third part, and to heirs and assigns, all th certain parcel or tract of land and pre- mises, situate in the being composed of Together with all houses, edifices, buildings, yards, gardens, orchards, ways, waters, water- courses, trees, woods, fences, liberties, privileges and appurtenances what- soever, to the said lands, hereditaments and premises belonging, or in any- wise appertaining ; And all remaindei'S, reversions yearly and other rents, issues and profits, of and in the same lands, hereditaments and pi-emises, and all the estate, right, title, use, trust, property, possession, claim and demand whatsoever, of the said party of the first part, of, in, or to the same lands, hereditaments and premises ; To haa'e and to hold the said lands, tene- ments, and all and singular other the premises hereby granted, sold and re- leased, or intended so to be, with the appurtenances, unto and to the use of the said party of the third part, heirs and assigns for ever : Subject nevertheless, to the reservations, limitations, pro^dsoes and conditions expressed in the original grant thereof from the Crown : And this In- denture further "WITNESSETH, that the said party of the second part, with the privity and full approbation and consent of her said husband, tes- tified by his being a party to these presents, in consideration of the premi- ses and also in consideration of the further sum of five shillings of lawful money of the Province of Canada aforesaid, to her by the said party of the third part in hand well and truly paid at or before the sealing and delivery of these presents (the receipt whereof is hereby acknowledged,) hath re- mised, released, and forever relinquished and quitted claim, and by these ■ presents doth remise, release, and for ever relinquish and quit claim, unto the said party of the third part, heirs, executors, administrators and assigns, all dower, and all right and title thereto, which she the said party of the second part now hath, or in the event of surviving her said husband can, or may, or could, or might hereafter in anywise have or claim, whether at Common law or otherwise,howsoever, of, in, to, or out of the lands, tene- 172 THE CANADIAN ments, hereditaments and premises hereby conveyed or hereinbefore men- tioned, or intended so to be conveyed, with the appurtenances or of, in, to, or out of any part thereof: Provided always, that if the said party of the first part, heirs, executors, or administrators, do, and shall pay unto the said party of the third part, executors, administrators or assigns, the full sum of with interest for the same, in manner and at the times following, that is to say : without any default or abatement what- soever, then these presents shall cease and be void, to all intents and pur- poses whatsoever : And the said party of the first part doth hereby for heirs, executors and administrators, covenant promise and agree, to and with the said party of the third part, executors, admi- nistrators and assigns, that the said party of the first part, heirs, executors or administrators, some or one of them, shall and will, well and truly pay or cause to be paid unto the said party of the third part, executors, administrators and assigns, the said principal sum of and interest, at the time, and in manner hereinbefore appointed for payment thereof, without any deduction or abatement whatsoever, according to the true intent and meaning of these presents : And also, that he, the said party of the first part, his heirs, executors, administrators, or assigns, or some or one of them, shall and will from time to time during the continu- ance of the said sum of money and interest, or any part thereof, on this se- curity, insure and continue to be insured upon the buildings now standing, or hereafter to be erected upon the said premises, or upon such of them as are specified in, and by a certain schedule to these presents prefixed the sum of money, in and by the said schedule particularly stated and set forth, and shall and will moreover in all things well and truly perform, fulfil and keep all .and singular other the covenant^ agreements, and stipulations in the said schedule contained, according to the true intent and meaning of the said schedule and of these presents. And ALao, that the said party of the fli'st part now ha in good right to grant, bargain, sell and convey the said lands, hereditaments and premises, unto the said party of the third part, heirs and assigns, according to the true intent and meaning of these presents : And further, that it shall and may be lawful to and for the said party of the third part, heirs and assigns, after default shall be made in payment of the said sum of and interest, contrary to the proviso hereinbefore contained, peaceably to enter into and upon the said lands, hereditaments and premises, and to hold and enjoy the same, with- out any interruption or denial by the said party of the first part, or any other person whomsoever : And that free and clear of and from all estates, titles, troubles, liens, charges and incumbrances whatsoever : And more- OONVETANCEE. 178 OVEK, that the said party' of the first part, and heirs, and all per- sons whosoever, claiming any estate or interest in the premises, shall and will, at all times hereafter, during the continuance of the said sum of or any part thereof, on this security, upon every reasonable request of the said party of the third part, heirs, executors, administrators or as- signs, but at the costs and charges of the said party of the third part, heirs," executors and administrators, make, execute, and perfect, all such further conveyances and assurances in the law whatsoever, for the, further better, or more perfectly granting, conveying, or otherwise assuring the said lands, hereditaments and premises, unto and to the use of the said party of the third part, heirs and assigns, subject to the proviso afore- said, or the equity thereof, and for the ends, intents and purposes, herein expressed, of and concerning the same, according to the true intent and meaning of these presents, as by the said party of the third part, heirs, > executors, administrators or assigns, or any of their Counsel learned in the law, shall be reasonably devised and required, and tendered to be made: And it is ruRTHtR. declared and agreed by and between the parties to these presents, that if the said party of the first part, heirs, executors or administrators, shall not pay to the said party of the third part, executors,^ admistrators or assigns, the said sum of and interest, according to the true intent and meaning of the proviso hereinbefore in that behalf contained, and the said party of the third part, , executors, administra,tors, and assigns, shall after the time limited for such payment has expired, have given to the said party of the first part, heirs, execu- tors, or administrators, or have left for or them, at or their last or most usual place of abode, in this Province, notice in writing, de- manding payment of the Siiid principal money and interest, and calen- dar months shall have elapsed from the delivery or leaving of such notice, without such payment having been made (of which latter default in pay- ment, as also of the continuance of the said principal money and interest, or some part thereof, on this security, the production of these presents shall be conclusive evidence,) it shall and may be lawful to and for the said party of the third part, heirs and assigns, without any further consent or con- currence of the said party of the first part, heirs and assigns, to enter into possession of the said lands, hereditaments and premises, and to receive and take the rents and profits thereof, and whether in or out of possession of the same, to make any lease or leases thereof as shall think fit, and also to sell and absolutely dispose of the said lands, hereditaments and premises, with the appurtenances, in such way and manner as to shall seem meet, and to convey and assure the same, when so sold, unto the purchaser 174 THE CANADIAN or purchasers thereof, his, her, and their heirs and assigns, or as he, she or they shall direct and appoint : And it is hereby declared and agreed, that the said party of the third part, heirs, executore, administrators and assigns, shall stand seized, and be possessed of the said lands, tens" ments and hereditaments, and of the rents and profits thereof until sale; and after sale, of the proceeds therefrom arising, upon trust in the first place, to deduct thereout all expenses which may be necessarily incurred, and attend the execution of the trusts and powers hereby created, together with interest for the same, and after payment thereof do and shall retain and pay unto and for the said principal sum of or so much thereof as shall then remain unsatisfied, and all interest then due, and in arrear, in respect thereof, and after such payment in trust, to pay or trans- fer the surplus (if any) of the said rents and profits, or proceeds of the said sale unto the said party of the first part, executors, administrators, or as- signs, and also to re-convey and assure such part of the said lands, heredita- ments and premises, as shall remain unsold, for any of the purposes aforesaid, unto- the said party of the first part, heirs and assigns, or as shall direct or appoint: And it is hkrbby puether declared and agreed, that the receipts of the said party of the third part, heirs and assigns, shall be good and sufficient discharges for all moneys therein expressed to have been received, and that the person or persons paying any moneys and taking such receipt, shall not afterwards be required to see to the appli- cation thereof, nor be answerable or accountable for the misapplication or non-application of the same : And the said party of the third part do hereby, for heirs, executors and administrators, covenant, promise and agree, to and with the said party of the first part, heirs and assigns, that no sale or notice of sale of the said lands, hereditaments and premises, shall be made or given, or any lease made, or any means taken for obtain- ing possession thereof, by the said party of the third part, until such time as calendar months' notice, in writing, as aforesaid, shall have been given to the said party of the first paa-t, heirs, executors, administra- tors or assigns, or have been left at last or most usual place of abode, in this Province, demanding payment of the principal and interest moneys ; which, at the end of that time, shall be due, and the said party of the first part, executors, administrators and assigns, shall have made default in payment of the same, at that time : And also, that the said party of the third part, heirs and assigns, shall and will, at the expense of the said party of the first part heirs, executors, administrators, and assigns, at any time before such sale or sales shall take place, on payment or tender by the said party of the first part, heirs, executors or administrators, of CONVETANCEK. 175 the said principal sum of" and interest, which, at the time of such tender, shall be due and owing, upon or by virtue of this security, with all costs as aforesai3, re-convey and re-assure the said lands, hereditaments and premises, or such parts thereof as shall then remain unsold, with the ap- purtenances, unto the said party of the first part, heirs or assigns, or as or they shall direct or appoint, free from all inoumberances, to be made or done by the said party of the third part, heirs or assigns, in the meantime : Provided always, that until default shall be made in pay- ment of the said sum of and interest, after notice, in writing, de- manding payment of the same, as hereinbefore provided, it shall be lawful for the said party of the first part, heirs and assigns, to hold, occupy, and enjoy the said lands, hereditaments, and premises, with the appurtenan- ces, without any molestation, hinderance, interruption or denial, of, from, or by the said party of the third part, heirs or assigns, or any person claiming by, from, through, under or in trust for them, or either of them : Provided, lastly, that the said party of the third part, heirs, executors, administrators and assigns, shall not be answerable or ac- countable for any more moneys than or they shall actually receive by virtue of these presents, nor for any misfortune, loss or damage, which may happen to the said estate and premises, in the execution of the trusts afore- said, save and except the same shall happen by or through or their own wilful neglect or default. In Witness whereoi? the parties to these presents have hereunto set their hands and seals, the day and year first above written. Signed, Sealed, and delivered in the presence of Keceiv£D, on the day of the date of this ludenture, the sum of of lawful money of Canada being the full consideration. Witness, The /Schedule above referred to. MORTGAGE, WITH POWER OF SALE, AND RXSURANCE COVENANT. (^Another Form..') This Indenture, made the day of in the year of our Lord One thousand Bight hundred and Between of the first part wife of the said party of the first part of the second part and of the third part, Witnesseth, that in consideration of the sum of of lawful money of Canada to the said party of the first part paid by the said part of the third part, the receipt whereof is hereby acknowledged, he ^"^^ THE CANADIAN the said party of the first part, Doth grant, bargain, sell, release, convey, and confirm, unto the said part of the third part heirs and assigns. All th certain parcel or tract of land and premises, situate, lying, and being in the Together with the appurtenances, and all rerersions, remainders, rents, issues, and profits thereof, and all the estate, right, title, interest, use, trust property, possession, claim and demand of the said party of the first part therein or thereto. To have and to hold the same with the appurtenances unto the said part of the third part heirs and assigns, to the sole and only use of the said part of the third part heirs and assigns forever ; Subject, neveetheless, to the reservations, limi- tations, provisoes, and conditions expressed in the original grant thereof from the Crown. And this Indenture Further Witnesseth, that the said party of the second part, with the privity and consent of her said husband, testified by his being a party to these presents, in consideration of the premises and of the sum of Five Shillings to her by the said part of the third part paid, at or before the sealing and delivery of these Presents, the receipt whereof is hereby acknowledged, doth remise, release, and forever relinquish and quit claim unto the said part of the third part, heirs, executors, ad- ministrators, and assigns, all Dower and all right and title thereto, which she, the said party of the second part, now hath, or in the event of surviv- ing her said husband, can or may hereafter have or claim at Common Law or otherwise howsoever, in, to, or out of the said lands and premises hereby conveyed, or any part thereof. Phovided always, that if the said party of the first part, his heirs, executors, or administrators do and shall pay unto the said part of the third part executors, administrators, or assigns, the full sum of with interest for the same at per cent, per annum, at the times and in manner following, that is to say : without any deduction or abatement whatsoever, then these Presents shall cease and be void to all intents and purposes whatsoever. A>fD the said party of the first part doth hereby for himself, his heirs, executors, and administrators, covenant, promise and agree, to and with the said part of the third part, executors, administrators, and assigns, That he, the said party of the first part, his heirs, executors, or administra- tors, or some or one of them, will well and truly pay or cause to be paid, unto the said part of the third part, executors, administrators, and assigns, the said principal money and interest, at the times and in manner herein- before appointed for payment thereof, without any deduction or abatement whatsoever, and according to the true intent and meaning of these Presents. OONVETANOER. 177 And that the said party of the first part now hath in himself good right to convey the said premises unto the said part of the third part in manner aforesaid and according to the true intent and meaning of these Presents. And that it shall be lawful for th3 said part of the third part, heirs and assigns, after default in payment of the said principal money and in- terest, peaceably and quietly to enter into and upon and to hold and enjoy the said premises without any interruption or disturbance by the said party of the first part or any other persons whomsoever, free from all incumbrances And that the said party of the first part and his heirs, and all persons having or claiming any estate or interest in the said premises will at all times hereafter upon every reasonable request, and at the cost and charges of the said part of the third part, heirs, executors, administrators or assigns, make, do, execute, and perfect such further assurances for more efieotually conveying the said premises unto the said part of the third part heirs and assigns, in manner aforesaid, as by the said part of the third part heirs, executors, administrators or assigns shaU be re- quired. And it is further declared and agreed, by and between the said parties hereto, that if the said party of the first part, his heirs, executors, or administrators, shall not pay the said principal moneys and interest, ac- cording to the proviso hereinbefore contained, and the said part of the third part, executors, administrators or assigns shall (after the time limited for such payment has expired) have given to the said party of the first part, his heirs, executors or administrators, or have left for him or them at his or their last known or most usual place of abode in this Prov- ince, Notice in writing, demanding payment of the said principal money and interest, and a period of shall have elapsed from the delivery or leaving of such notice without such payment having been made, (of which latter default in payment the production of these Presents shall be conclu- sive evidence), it shall be lawful for the said part of the third part heirs and assigns, without any further consent or concurrence of the said party of the first part, his heirs or assigns, to enter into possession of the said land and premises, and to receive and take the rents and profits there- of, and whether in or out of possession to make any lease or leases thereof as or they shall think fit ; And also to sell and absolutely dispose of the said lands and premises, either by public sale or by private contract, and either altogether or in parcels or lots, or partly by each of those means and on such terms as the said part of the third part, heirs or assigns shall think fit, and for such price or prices as can reasonably be obtained for the same, and subject or not to any, special conditions as to title or 178 THE CANADIAN otherwise, with liberty to buy in the whole or any part, of the said lands and premises, and to rescind, alter or vary any contract for the sale thereof, or any part thereof, and to resell the same in manner aforesaid, without being answerable or responsible for any loss or diminution in price, occa- sioned by any such resale ; And to convey and assure the said lands and premises, when so sold, unto the purchaser or purchasers thereof, his, her, or their heirs and assigns, or as he, she, or they shall direct and appoint. And it is hereby declared and agreed, that the said part of the third part heirs, executors, administrators, and assigns, shall stand possessed of the said lands and premises, and of the rents and profits there- of, until sale, and after sale, of the proceeds arising therefrom, upon trust in the first place, to deduct and retain all expenses incurred in the execu- tion of the trusts hereby created, and after payment thereof, do and shall retain and pay unto or themselves, the said principal money and in- terest hereby secured, or so much thereof as shall then be due and owing ; And after such payment, in trust, to pay the surplus, if any, unto the said party of the first part, his executors, administrators, or assigns. And it is hkrebt further declared that the receipts of the said, part of the third part heirs and assigns shall be good and sufficient discharges ■ for all moneys therein expressed to be received, and that the persons paying the same shall not afterwards be required to see to the ap- plication thereof, nor be answerable oT: accountable for the misapplication or non-application of the same. And the said part of the third part, do hereby for heirs ex- ecutors, and administrators, covenant, promise, and agree, to and with the said party of the first part, his heirs and assigns, that no sale of the said lands and premises, or any lease shall be made, or any means taken for ob- taining possession thereof, until Notice in writing, as aforesaid, shall have been given to the said party of the first part, his heirs, executors, ad- ministrators, or assigns, or left at his, or their, last known, or most usual place of abode in this Province, demanding payment of the principal money and interest then due, and said party of the first part, his executors, admin- istrators or assigns, shall have made default in payment of the same, pursu- ant to such Notice. Provided always that until default shall be made in payment of the said principal money and interest, as hereinbefore provided, it shall be law- ful for the said party of the first part, his heirs and assigns, to hold, occupy, and enjoy, and receive and take the rents and profits of the said lands and premises, without any molestation, hindrance, or disturbance of the said part of the third part heirs or assigns, or any person claiming under or them. CONVEYANCBp. 179 Provided j.astly, that the said part of the third part heirs, exe- cutors, administrators and assigns, shall not he answerable or accountable for any more moneys than or they, shall actually receive, by virtue of these Presents, nor for any misfortune, loss, or damage which may happen to the said estate and premises, in the execution of the trusts aforesaid, unless the same shall happen by or through or their own wilful neglect or default. And the said party of the first part doth hereby for himself, his heirs, executors, and administrators, lastly covenant, promise and agree with and to the said part of the third part, heirs, executors, administrators and assigns, that he will forthwith insure, and during the continuance of this security keep insured, the messuages and erections on the said land and premises hereby conveyed, in the sum of at the least in some respee- table Insurance office, to be approved of by the said part of the third part, in the names of the said parties of the first and third parts, respecT tively, and from time to time pay the premiums for keeping the said policy on foot as the same shall become due, and produce the receipts therefor when required by the said part of the third part, and in case of fire shall and will forthwith rebuild the said messuages and premises and apply the money to be received from such Insurance office therefor, or in payment of the said principal money and interest hereby secured, so far as the same will extend ; and that in case the said party of the first part shall omit or neglect to efiect or keep on foot such insurance, it shall be lawful for the said part of the third part so to do, and that the sums paid for such purpose shall form a lien on the premises hereby conveyed and carry interest at the rate of six per cent, per annum from the times of such ad- vancement until repayment, and that the said premises shall not ba redeem- ed or redeemable until repayment thereof In Witness whereof the parties to these presents have hereunto set their hands and seals the day and year first above written. Signed, Sealed and Delivered in the presence of MORTGAGE— WITH POWER OF SALE AND INSURANCE CLAUSE. {^Short.er Form.} This Indenture, made the day of in the year of our Lord one thousand eight hundred and fifty Between of the of in the county of " and Province of Canada, of the first part ; the wife of the said part of the first part, of the second part : and of the third part : Witnesseth, that in 180 THE CANADIAN consideration 'of the sum of this day paid to the said part of the first part by the said party of the third part (the receipt whereof the said part of the first part do hereby acknowledge), he the said part of the first part do hereby grant ; and she the said party of the second part, for the purpose of releasing her right of dower in the hereditaments and pre- mises hereinafter described, and with the concurrence of the said part of the first part, doth hereby release, unto the said part of the third part heirs and assigns. All and singular, th certain parcel or tract of land and premises situate in the Togethkk with all houses, build- ings, ways, lights, waters, water-courses, trees, woods, fences, rights, privi- leges, easements, advantages aad appurtenances whatsoever, to the said hereditaments or any part thereof appertaining, or with the same or any part thereof held, used or enjoyed, or reputed as part thereof or appurten- ant thereto, and all the estate and interest of the said part of the first part in the said premises : To hold the said premises unto the said part of the third part, heirs and assigns, to the use of the said part of the third part, heirs and assigns, for ever. Subject, nevjeeiheless, to the reservations, limitations, provisoes and conditions expressed in the ori- ginal grant thereof from the Crown. Provided always, and it is here- by agreed and declared, that if the said part of the first part, heirs, executors, administrators, or assigns, shall pay unto the said part of the third part, executors, administrators or assigns, the sum of together with interest for the same at the rate of six per cent, per annum, in manner and at the times following ; that is to say, withoiit any deduction, then these presents shall cease and be void to all intents and purposes whatsoever. And the said part oe the first part do hereby, for heirs, executors and administrators, covenant with the said part of the third part, executors and administrators, that the said part of the first part, heirs, executors, or administrators, will pay to the said part of the third part, executors, administrators, or assigns, the said sum of and interest, at the times and in manner hereinbefore appointed for pay- ment thereof, without any deduction or abatement whatsoever, according to the true intent and meaning of these presents. And it is hereby declared, that if default shall be made in payment of the said principal money hereby secured, or any part thereof, or the in- terest thereof, or any part thereof, at the time hereinbefore appointed for the payment of the same, contrary to the true intent and meaning of the proviso and covenant hereinbefore in that behalf contained, then, and at any time thereafter, it shall and may be lawful for the said part of the third OONVETANOEE. 181 part, executors, administrators or assigns, either with or without the concurrence of the said part of the first part, heirs or assigns, to sell the said premises hereinbefore expressed to he hereby granted, or any part or parts thereof, either together or in parcels, and either by public auction or private contract, for such price as may appear reasonable ; and to buy in or rescind any contract for sale, and re-sell, without being responsible for loss occasioned thereby : And to execute and do all such assurances and things for effectuating any such sale as or they shall think fit. Pro- vided, NEVEETHiiLESS, that the said part of the third part, execu- tors, administrators or assigns, shall not execute the power of sale herein- before contained until he or they shall have given to the said part of the first part, heirs, executors, administrators or assigns, or left at or their last place of abode in Upper Canada, or upon the said premises here- by granted, a notice in writing to pay ofi' the moneys for the time being owing upon the security of these presents, and until default shall have been made in payment of the whole or any part of such moneys for four calen- dar months after giving or leaving such notice : Provided also, that upon any sale purporting to be made in pursuance of the aforesaid power, no purchaser shall be bound to enquire whether the case mentioned in the clause lastly hereinbefore contained has happened, nor whether any money remains upon the security of these presents, nor as to the propriety or re- gularity of such sale ; and notwithsta,nding any impropriety or irregularity whatsoever in any such sale, the same shall as regards the purchaser or pur- chasers, be deemed to be within the aforesaid power,, and be valid accordingly. And it is hereby declared, that the said part of the third part, executors, administrators or assigns, shall, out of the moneys arising from any sale in pursuance of the aforesaid power, in the first place, pay the ex- penses incurred on such sale, or otherwise in relation to the premises : And, in the next place, apply such moneys in or towards the satisfaction of the said principal sum of or so much thereof as shall then remain un- discharged, and all interest then due in respect thereof, and all other moneys then owing upon the security of these presents, and then pay the surplus (if any) of the moneys to arise from such sale unto the said part of the first part, heirs or assigns : Provided always, that the said part of the third part, executors, administrators or assigns, shall not be an- swerable for any involuntary losses which may happen in the exercise of the aforesaid power and trusts, or any of them. And the said part of the first part, do hereby, for heirs, executors and administrators, covenant with the said part of the third part, heirs and assigns, that the said part of the first part, now ha 182 THE CANADIAN power to grant all and singular the said premises unto and to the use of the said part of the third part, heirs and assigns in manner aforesaid, and free from incumbrances : And that the said part of the first part, and heirs, and every other person lawfully or equitably claiming any estate or interest in the premises, will, at all times, at the request of the said part of the third part, heirs, executors, administrators, or assigns but at the cost of the said part of the first part, heirs, executors, or administrators, execute and do, all such assurances and acts, for further or better assuring all or any of the said premises to the use of the said part of the third part, heirs and assigns, in manner aforesaid, as by him or them shall be reasonably required. PaoviDED lastly, and it is hereby declared and agreed, that until de- fault shall be made in payment of the said principal money secured by these presents, or the interest thereof, or any part thereof respectively, contrary to the form and efifect of the proviso and covenant for payment of the same hereinbefore contained, it shall be lawful for the said part of the first part, heirs or assigns, to hold and enjoy, and to receive the rents and profits of, the said hereditaments and premises, without any eviction, claim or demand whatsoever, from or by the said part of the third part, heirs or assigns, or from or by any person rightfully claiming under him or them. In witness whereof the said parties to these presents have hereunto set their hands and seals, the day and year first above written- Signed, Sealed, and delivered, in presence of Keceived, on the day of the date of this Mortgage, from the party thereto of the third part, the sum of being the full consideration money therein mentioned. Witness :' Covenant to he taken as part and parcel of the within Indenture of Mort- gage, and to he treated and construed in all respects as if inserted therein. The within named part of the first part, for heirs, executors, and administrators, do hereby covenant to and with the within named part of the third part, executors, administrators and assigns, in manner following, that is to say, that the said part of the first part, exe- cutors, administrators, and assigns, wiO, so long as any money shall remain on this present security, keep all the messuages and buildings upon the hereditaments and premises hereby granted insured against loss or damage by fire, in some reputable British or Canadian Insurance Office, to be ap- CONVEYANCER. 183 proved of by tlie said part of the third part, executors, administrators or assigns, in the sum of • pounds at least, and will duly and punctually pay all premiums and sums of money necessary for such purpose, and will forthwith assign and deliver to the said part of the third part, execu- tors, administrators and 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, but not incumbent on, the said part of the third part, executors, administra- tors or assigns, out of or their own moneys, to insure and keep insured the said premises in any sum not exceeding pounds, and that the said part of the first p^rt, executors, administrators or assigns, will repay to the said part of the third part, executors, administrators or assigns, all moneys expended for that purpose by or them, with interest thereon at the rate aforesaid, from the time of the same respectively having been advanced, or paid, and that, until such repayment, the same shall be a fur- ther charge upon the said premises hereinbefore expressed, to be hereby granted. And it is hereby declared that all sums of money to be received in respect of such policy or policies of insurance shall be received by the said part of the third part, executors, administrators or assigns, and be held by him or them IN tkust, for better securing the re-payment of the said principal money secured by these presents, and the interest thereof and any moneys which shall have been paid or expended by him or them in and about such insurance and insurances, and interest thereon as aforesaid ; and" subject thereto, IN tkust for the said part of the first pai't exe- cutors, administrators, and assigns. In Witness whereof the said part of the first part ha hereunto set hand and seal , this day of in the year of our Lord one thousand eight hundred and fifty Signed, Sealed, and Delivered, in presence of MORTGAGE MEMORIAL, WITH POWER OF SALE. A Memorial (to be registered pursuant to the Acts of Parliament in that behalf) "of an Indenture of Mortgage, bearing date the day of in the year of our Lord one thousand eight" hundred and and made Between of the fii;st part ; the wife of the said party of the first part, of the second part ; and of the third part ; Whereby the said party of the first part, for and in consideration of of lawful money of Canada, the receipt whereof is thereby acknowledged, did grant, bargain, sell, release, convey and confirm, and the said party of the second part for 184 THE CANADIAN the purpose of releasing her right of Dowee, did release, unto the said party of the third part heirs and assigns, all and singular th certain parcel or tract of land and premises situate in the To hold the same, -with all the privileges and appurtenances thereof, to the said party of the third part heirs and assigns, to and their own use forever ; Subject, nevertheless, to a proviso therein contained, that the said Indenture, and everything therein, should be absolutely void on payment by the said party of the first part, his heirs, executors, administrators or assigns, to the said party of the third part executors, administrators or assigns, of the sum of of lawful jnoney of the Province of Canada, with interest thereon, on the day and time and in manner following, that is to say Which Indenture contains a power to the said party of the third part to sell and dispose of the said lands and premises in case of default made in the payment of the said sum of money and interest, or any part thereof, contrary to the above proviso : And is witnessed by of And this Memorial thereof is hereby required to be registered by me, the said party of the part therein mentioned. As WITNESS my hand and seal, this day of 18 Signed and sealed in the presence of County of to wit : of in the said County in the within Memorial named, maketh oath and saith, that he was present and did see the Indenture to which the said Memorial relates, duly executed, signed, sealed and delivered by the therein named and that he is a subscribing witness to the execution of the said Indenture : — that he, this deponent, also saw the said Memorial duly signed and sealed by the therein named for registry thereof, which said Memorial was attested by him, this deponent, and another subscribing witness, and. that both said Instruments were executed at Sworn before me, at in the County of this day of 18 . A CommitaioneT in B. R., ^c. MOETGAaE, IN FEE. (^Short Form under Statute.) This Indenture, made day of one thousand eight hundred and in pursuance of the Act to facilitate the conveyance of real property. Between of the first part ; wife of the said party of the first past of the second part ; and of the third part : WIT- NESSETH, that in consideration of of lawful money of Canada now CONVEYANCER. 185 paid by the said part of the third part to the said party of the first part, (the receipt whereof is hereby acknowledged,) he, the said party of the first part, doth grant unto the said part of tiie third part heirs and assigns forever, All and Singular, th - certain parcel or tract of land and premises situate, lying- and being in the To have and to HOLD unto the said part of the third part heirs and assigns to and for and their sole and only use forever, Subject, nevertheless, to the reservations, limitations, provisoes and conditions expressed in the original grant thereof from the Crowu. Provided always, and these presents are upon this express condition, that if the said party of the first part, his heirs, executors, administrators or assigns, do and shall pay unto the said part of the third part, heirs, executors, administrators or assigns, the full sum of with interest thereon, at the rate of six per cent per annum, in manner following, that is to say : without any deduction, defalcation, or abatement out of the same, for, or in respect of, any taxes, rates, levies, charges, rents, as- sessments, statute labour, or other impositions whatsoever, now or hereafter to be rated, charged, assessed or imposed, by authority of Parliament, or otherwise- howsoever, on the said lands and premises, or any part thereof; or on the said sum of money, and interest, or any part thereof, or on the said part of the third part, heirs, executors, administrators or assigns, in respect thereof, or for or in respect of any other matter or thing whatsoever ; and moreover until default shall be made in payment of the said sum of money in this proviso mentioned, or the interest thereof, do and shall well and truly pay, do and perform, all the taxes, rates, levies, char- ges, rents, assessments, statute labour and other impositions aforesaid ; Then, from and immediately after such ,payment so made as aforesaid, and the observance, performance and fulfilment of the provisions, agreements and stipulations, in this proviso particularly set forth, these presents, and every clause, covenant, matter and thing herein contained, shall be absolutely null and void, to all intents and purposes whatsoever, as if the same had never been made ; And the said party of the first part doth hereby for himself, his heirs, executors and administrators. Covenant, promise and agree, to and with the said part of the third part heirs, execu- tors, administrators and assigns. That he, the said party of the first part, his heirs, executors or administrators shall and will pay unto the said part- of the third part, executors, administrators or assigns, the said sum of money in the above proviso mentioned, with interest for the same as aforesaid, at the days and times and in manner above limited for payment thereof; and shall and will in everything well, faithfully and truly do, ob- N 186 THE CANADIAN serve, perform, fulfil and keep all and singular, the provisions, agreements and -stipulations, in the said above proviso particularly set forth, according to the true intent and meaning of these presents, and of the said above proviso, and indemnify the said part of the third part, heirs, execu- tors, administrators, and assigns, therefronr; And the said party of the first part, covenants with the said part of the third part, that he hath the the right to convey the. said lands to the said part of .the third part. And that from and after default shall happen to be made in the payment of the said sum of money in the above proviso mentioned, or any part thereof, or in the payment of the interest thereon, or of any part thereof, or in the doing, performing, or keep- ing some one or more of the covenants, agreements and stipulations in this Indenture contained, contrary to the true intent and meaning thereof, then and thenceforth the said part of the third part shall have quiet possession of the said land, free from all incumbrances of what nature or kind soever and whensoever and by whomsoever, made, done, or suffered ; and also free from all manner of taxes, rates and assessments, and free from all judgments ; And ALSO, that the said party of the first part hath done no act to encumber the said land ; And also, that after default as aforesaid, the said party of the first part will execute such further assurances of the said land as may be requisite ; And the said party of the second part. Wife of the said party of the first part, hereby bars her Dower in the said lands. Provided lastly, that until default shall be made in payment of the said sum of money in the above proviso mentioned, or the interest thereof, or of or in the doing, observing, performing, fulfilling or keeping some one or more of the provisions, agreements or stipulations in this Indenture contained, contrary to the true intent and meaning of the said Indenture, it shall and may be lawful to and for the said party of the first part, his heirs and assigns, peaceably and quietly to have, hold, use, occupy, possess, and enjOy the said lands, tenements, hereditaments, and premises, with the ap- purtenances, and receive and take the rents, issues and profits thereof, to his and their own use and benefit, without the let, suit, hindrance, interruption or denial of or by the said part of third part, heirs, executors, ad- ministrators or assigns or of or by any other person or persons whomsoever lawfully claiming, or who shall and may lawfully claim, by, from or under them or any or either of them. I\ Witness whereof, the said parties hereto have hereunto set their hands and seals. Signed, Sealed and Delivered, in Presence of CONVEYANCER. 187 Received on the day of the date of the above Indenture, of and from the part of the third part the sum of being the full consideration therein mentioned Witness MORTGAGE IN PEE UNDER STATUTE ; (^Shorter Forni.^ This Indenture, made the day of in the year of our Lord one thousand eight hundred and fifty in pursuance of the " Act to facilitate the conveyance of Real Property," Between of the first part , wife of the said party of the first part, of the second part: and of the third part : Witnesseth, that the said party of the first part, in consideration of the sum of of lawful money of Canada, now paid to him by the said party of third part (the receipt where- of is hereby acknowledged). Doth grant unto the said party of the third part, his heirs and assigns for ever, Al-l, and singular, th certain par- cel or tract of land and premises, situate, lying and being in the of in the county of in the province of Canada, and being composed of To have and to hold unto the said party of the third part, his heirs and assigns, to and for his and their sole and only use for ever : Subject, nevertheless, to the reservations, limitaiions, provi- soes and conditions, expressed in the original grant thereof from the Crown : Provided, always, and these presents are upon this express condition, that if the said party of the first part, his heirs, executors, administrators, or assigns, shall pay or cause to be paid unto the said party of the third part, his executors, administrators, or assigns, the full and just sum of with interest for the same, at the rate of six per cent, per annum, at the times and in the manner following, that is to say : And also in case of default in the payment of the principal or interest, orof any part or instalment thereof, within one month after any of the days or times when the same is payable, shall immediately thereafter pay the whole of the principal and interest then remaining due, then these presents shall be void, but otherwise shall remain in full force and virtue : Provided also, and it is hereby declared and agreed bi/ and between the parties hereto, that in defaidt of sucli payTnent of principal and interest, or 0/ any part thereof, it shall and may be laioful for the said party of the third part his heirs, executors, administrators, or assigns, after one calendar 'month' s notice in icriting given to the said party of the first part, his heirs or assigns, or left at his or their last place of abode, absolutely to sell and dispose of the said lands and tenements, or any part thereof, either by 188 THE CANADIAN public auciton or private contract, and out of the m.oney arising from such sale to pay and reinihxirse. himself or themselves all the principal money and interest then remaining unpaid, and all costs, charges and ex- penses that maff have been incurred, ayid to pay over the surplus thereof if any, to the said party of the first part, his heirs or assigns : And any purchaser at such sale shall not he hound to see to the application of the purchase money, nor to inquire into the propriety or regularity of any sale. And the said party of the first part covenants with the said party of the third part that he will pay the said principal money and interest on the days and times aforesaid, and in default of payment of the same, or of any part or instalment thereof, within one month after any of the days or times when the same is payable, that he will immediately pay the whole of the principal money and interest then remaining due : That he has the right to convey the said lands to the said party of the third part : That he will execute such further assurances as may be requisite : That he has done no act to incumber the said lands : And that after default in payment of the said mortgage money and interest as aforesaid, the said party of the third part shall have quiet possession of the said lands, free from all incumbran- ces : PaoviDKD always, that until default be made in the payment of the said mortgage money and interest as aforesaid, it shall be lawful for the said party of the first pai-t peaceably and quietly to have, hold, occupy and enjoy the said lands, without the intenaiption of the. said party of the third part, or any person claiming under him : And the said party of the second part releases to the said party of the third part all her Dower in the said lands. In Witness whereof the said parties hereto have hereunto set their hands and seals. Signed, Sealed and Delivered, in the presence of MOKTGAGE IN FEE UNDER STATUTE. {Another Short Form.) This Indenture made the day of A. D., one thousand eight hun- dred and in pursuance of the act to facilitate the conveyance of Real Property Between A. B. of of the first part C. D. wife of the said party of the first part of the second part and J]. F. of of the third part. Wit- NESSETH that the said party of the first part in consideration of already ad- vanced to him by the said party of the third part doth for himself his heirs exe. eutors and administrators, covenant with the said party of the third part, his CONYEYANCIR. 189 executors administrators and assigns, that the said party of the first part his executors, administrators or assigns will pay unto the said party of the third part his executors administrators or assigns the said sum of on the day of A. D. 18 and interest after the rate of per cent, per annum on the said sum of from the day of now last past, on every day of and day of until the said principal money shall be p^id. And the said party of the first part doth hereby grant and convey unto the said party of the third part and his heirs and assigns all the hereditaments lands and premises described in the Schedule hereto with their actual and reputed appurtenances and all the estate and interest of the said party of the first part therein. To hold the said hereditaments, lands and premises, unto and to the use of the said party of the third part his heirs and assigns for ever. Provided that if the said principal and interest moneys should be re- spectively paid according to the foregoing covenant, the said party of the third part his heirs or assigns shall thereupon on the request and at the costs of the said pai'ty of the first part his heirs or assigns, reconvey the said hereditaments and premises to him or them, and his or their heirs, or as he or they shall direct. And that until breach of the said covenant, the said party of the first part his heirs or assigns may occupy or receive the profits of the said hereditaments lands and premises, but subject to the several Mortgages or other incumbrances now charged or existing on the same. But that after breach of the said covenant, may sell the said heredita- ments, lands, and premises, or any part thereof, together or in lots, by Public Auction, or private contract, and subject to any special or other stipulations as to title evidence of title or otherwise ; And may buy in, and resell the same or rescind or vary any contract relating thei-eto, and after payment of all moneys hereby secured, any surplus of the proceeds of such sale shall be paid to the said party of the first part, his heirs or assigns. Provided that any person who shall exercise the foregoing power of sale after the full payment of all moneys hereby secured or before the expiration of months from the date hereof, without the written consent of the said party of the first part, his heirs or assigns shall be answerable to the said party of the first part his heirs or assigns, as for a breach of trust, and also in damages, but no purchaser shall be concerned to ascertain that any money is owing on this security, or that such time has expired, or be affected by notice that such sale is irregular or unauthorized. Provided always and it is further agreed, by and between the said parties of the first and third parts, that upon any sale being made by the said party of the fii'st part his heirs or assigns during the said period of 190 THE CANADIAN months from the date hereof, or before foreclosure or sale by the said party of the third part his heirs, executors, administrators, or assigns, of any part or portion of the said lands and premises hereby conveyed or intended so to be, for the full value thereof, and upon payment thereof, by the said party of the first part his heirs or assigns to the said party of the third part, his heirs, executors, administrators or assigns, or upon security being given therefor, to the said party of the third part, his heirs, executors, adminis- trators, or assigns, to his or their entire satisfaction, not only as to security, but as to time for payment thereof, then he, the said party of the third part, his heirs, or assigns, shall thereupon, at the request and at the costs of the said party of the first part, his heirs, or assigns, release such part or portion so sold as aforesaid, to the purchaser or purchasers thereof freed and absolutely discharged from this mortgage security, but not in discharge of the other hereditaments, lands and premises, comprised in this security, or of the said party of the first part, his heirs, executors, or administrators, from the resi- due of the moneys hereby secured. And the said party of the first part, for himself, his heirs, executors, ad- ministrators and assigns, (but so as in any action which may be brought after foreclosure or sale of all or any part of the said hereditaments, lands and premises, to render him or them liable only for the acts and defaults of himself and all persons claiming or to claim through under or in trust for him,) covenants with the said party of the third part, his heirs,executors, ad- ministrators and assigns, that the said party of the first part hath power hereby to assure the said hereditaments, lands and premises, in manner aforesaid, free from incumbrances, except those particularly mentioned in the said Schedule hereto. And that the same shall be held and enjoyed accordingly and shall at any time or times at the cost of the said party of the first part his heirs, executors, administrators, or assigns, before foreclosure or sale and conveyance thereof and afterwards at the costs of the person or persons re- quiring the same, be furtHter and more effectually or satisfactorily assured to the use of the said party of the thu'd part, his heirs or assigns or otherwise by such acts, deeds or assurances as the said party of the third part, his heirs, executors, administrators, or assigns, shall reasonably require and tender to be done, executed, or made. And the said party of the second part, wife of the said party of the first part, hereby bars her dower in the said land and premises. In Witness, &c., Signed, &c. The Schedule above referred to. CONVEYANCER. 191 MORTGAGE IN FEB UNDER STATUTE. (^Special Form with Power of Sale, Ac.) This Indenture, made the day of in the year of our Lord one thousand eight hundred and in pursuance of the " Act to Facilitate the Conveyance of Real Property," Between of the first part the wife of the said party of the first part, of the second part, and A. B. and C. D. of the third part. Whereas the .said parties of the third part have lately sold, and by deed, hearing even date herewith, have conveyed to the said party of the first part the parcel or tract of land hereinafter des- cribed, at or for the price or sum of And upon the treaty for such purchase it was agreed that the said party of the first part should pay down the sum of only, in part of the said purchase, and that the residue thereof should stand secured, with interest, upon mortgage of the said premises, and upon such terms as hereinafter are expressed : And WHEREAS the said- party of the first part hath accordingly paid to the said parties of the third pait the aforesaid sum of in part of the said purchase, and there now remains due the full sum of as the residue of the said purchase money, as the several parties hereto do hereby respectively acknowledge : Now this Indenture witnesseth that in pur- suance of the aforesaid agreement and in consideration of the aforesaid sum of now remaining due as the residue of such purchase money, and in order to secure payment thereof, with interest, as hereinafter men- tioned, and in consideration also of five shillings of lawful money of Cana- da to the said party of the first part now paid by the said parties of the third part, the receipt whereof is hereby acknowledged, he, the said party of the first part, doth gTant unto the said parties of the third part, their heirs and assigns, for ever, all and singular that certain parcel or tract of land and premises, situate, lying and being To have and to hold unto and to the use of the said parties of the third part, their heirs and a,ssigns, for ever. Subject nevertheless to the reservations and condi- tions expressed in the original grant thereof from the Crown, and subject also to the proviso for redemption hereinafter contained, that is to say : Provided always, and these presents are upon this express condition that if the said party of the first part shall well and truly pay unto the said parties of the third part, their executors, administrators or assigns, the full sum of being the residue of such purchase money as aforesaid, with interest thereon at the rate of six per cent, per annum, at the times and in manner following, that is to say : the said principal suua of on the day of which will be in the year of our Lord 192 THE CANADIAN one thousand eight hundred and and the interest thereon in the mean- time quarterly, at the rate aforesaid, on the first day of the months of Janu- ary,. April, July and October in each and every year, the first quarterly pay- ment of such interest to become due and be made on the first day of next, and such principal and interest to be paid without any deduction on any account or pretence whatsoever, then these presents shall be void. And the said pabty hereto of the first part doth hereby for himself, his heirs, executors, administrators and assigns, covenant with the said parties of the third part, their executors, administrators and assigns, to pay unto them the said principal sum of money, in the said proviso mentioned, at the time therein mentioned, and the interest thereon in the meantime quarterly, at the times and rate aforesaid, and without any deduction as aforesaid. Peovided always, and it is hereby expressly declared and agreed by and between all the parties hereto, and it is the true intent and meaning of them and of these presents that in case default shall happen to be made in payment of the said principal sum of at the time mention- ed and appointed in and by the aforesaid proviso or of any part thereof, or in the payment of the interest thereon quarterly as aforesaid, or of any part thereof, uontrary to the aforesaid proviso, and if they the said parties of the third part, their heirs, executors, administrators, or assigns, shall have given to the said party of the first part, his executors, administrators or as- signs, or left for him or them, at his or their usual place of abode, notice in writing, demanding payment of the said principal money and interest, or so much thereof as shall be then due and owing, and three calendar months shall have elapsed from the delivery or leaving of such notice (of which default in payment the production of these presents by the parties of the third part, their heirs, executors, administrators or assigns, or their at- torney or agent, shall be deemed full and sufficient evidence), then it shall and may be lawful for them the said parties of the third part, their heirs or as- signs, and they are hereby authorised and empowered, without any further consent or concurrence of the said party of the first part, his heirs or as- signs, when and as they shall think fit and proper, to make sale and absolu- tely dispose of the same lands and premises, or any part thereof, either altogether or in several lots or parcels, and either by public auction or pri- vate contract, or partly by one and partly by the other, with liberty if they shall think fit to buy in the said hereditaments at any auction and re-sell, without being answerable for any loss or diminution in price by such re-sale ; and with full power and lawful and absolute authority for them the said parties of the third part, their heirs or assigns, to convey and assure the hereditaments so sold as aforesaid unto the person or persons who shall agree CONVEYANCER. ]93 to become the purchaser or purckasers thereof, as he, she, or they shall direct or appoint, absolutely freed and discharged of and from the proviso or agree- ment for redemption hereinbefore contained, and all other provisoes, agree- ments and declarations, save only the deolai-ation or agreement hereinafter contained, respecting the receipts of the said parties of the third part, and the non-liability of the said purchasers. And it IS hereby further Agreed between all the parties hereto that until such sale or sales shall be made and accomplished as aforesaid the said parties of the third part, their heirs and assigns, shall and will stand and be possessed of and interested in the rents and profits of the said premises in case they shall take possession of the same on any default, and after such sale or sales shall stand and be possessed of and interested in the moneys to arise and be produced by such sale or sales Upon, trust., in the first place to pay and satisfy the costs and charges of preparing for and making such sale or sales, and all other costs and charges, damages and expenses, which they the said parties of the third part, their heirs, executors, administrators or assigns, shall bear, sustain and be put unto for taxes, rents, insurances and repairs, and all other costs and charges which may be incurred in and about the execution of any of the trusts in them hereby reposed, and in the next place to pay and satisfy them- selves the principai*sum of and interest, or so much thereof as shall remain due and unsatisfied up to and inclusive of the day whereon the said principal sum shall be paid and satisfied : and, after full payment and satis- faction of all such sums of money and interest as aforesaid, upon this further trust that they the said parties of the third part, their executors, admistra- tors, or assigns, do and shall pay the surplus, if any, to the said party of the first part, his executors, administrators or assigns, or to such person or per- sons as he or they shall direct and appoint, and also do and shall at the re- quest, costs, charges and expenses of the said party of the first part, his heirs or assigns, convey and assure unto the party of the first part, his appointees, ' heirs or assigns, or such person or persons as he or they shall direct or ap- point, all such parts of the said hereditaments and premises as shall remain unsold and undisposed of for the purposes aforesaid, freed and absolutely discharged of or from all estates, liens, charges and incumbrances whatso- ever, of or by the said parties of the third part, their heirs or assigns, in the meantime. And it is hereby further declared and agreed by and between the parties hereto, and particularly the said party of the first part doth hereby direct and appoint, that all acts, deeds, assignments, mortgages, leases and assurances to be made, done, entered into and executed by the said parties of the third part, their heirs and assigns, in or about the execu- tion of all or any of the powers or purposes of these presents shall be valid 194 THE CANADIAN and effectual to all intents and purposes, without any further consent, privity or concurrence of, from or by the said party of the first part, his heirs, executors, administrators, or assigns, or any person or persons whom- soever : and that the receipts of the said pai-ties of the third part, their heirs, executors, administrators or assigns shall be good and valid discharges to all persons for all rents, profits purchase or other moneys which shall be paid to them by virtue or for the purpose of these presents ; and that no person paying the same shall afterwards be obliged to see to the application thereof or be answerable for the loss, mis-application or non-application thereof, or be bound to enquire into the propriety of, or reason or necessity for, any surrender, assignment, mortgage, or other disposition or thing to be made or done by virtue of the said powers, or for the purposes of these presents, nor whether any such default, in any such payments as aforesaid, shall have been mad«. Provided always, and it is hereby expressly declared and agreed, by and between the several parties hereto, that no sale shall be made under any of the provisions hereinbefore contained, unless and until three calendar months' previous notice in writing of the same as aforesaid be given to the said paity of the first part, his heirs or assigns, or left for him or them as aforesaid. But, nevertheless, no purchaser, by virtue of the powers aforesaid, shall be bound to enquire or ascertain-whether such notice shall have been given, nor be in anywise aifectedby express notice or know- ledge that the same may not have been given. And also that the said parties of the third part, their heirs or assigns, at any time before such sale or sales shall take place, upon payment or tender to them, their executors, administrators or assigns, of all principal and interest money due on the security of the said hereditaments and premises, together with all costs and charges which shall be incurred in the execution of the trusts and powers in them hereby reposed, or otherwise, by reason of such default, shall and will occupy the same, and, at the costs and charges of the said party of the first part, his heirs or assigns, convey and assure all and singular the said hereditaments and premises hereby granted, and every part and parcel of the same, which shall then remain unsold, with their appurtenances, unto the said party of the first part, his heirs, appointees or assigns, or as he or they shall direct, free from all incumbrances, by them, the said parties of the third part, their heirs or assigns. And the said party hereto of the first part doth hereby, for himself, his heirs, executors, administrators and assigns, covenant with the said parties hereto of the third part, their execu. tors, administrators and assigns, to pay all taxes, charges or assessments on the said premises, while he, the said party of the first part, his heirs or as- signs, shall be in the possession, or receipt of the rents and profits of the CONVEYANOEB. 195 premises, and any principal or interest shall remain due on the security of these presents. And that he, the said party of the first part, has the right to convey the said lands to the said parties of the third part, notwith- standing any act of the said party of the first part. And that after default made in payment of the said principal and interest, or of any part of the same respectively, the said parties of the third part, or the purchaser or purchasers under them as aforesaid, shall have quiet possession of the said lands, free from all incumbrances. And that the said party of the first part will execute such further assurance of the said lands as may be requisite. And that the said party of the first part has done no act to incumber the said lands. And the said wife of the said hereby bars her Dower in the said land. And it is hereby ageeed, that the said here- ditaments and premises until the same shall be sold or otherwise disposed of, in pursuance of the powers hereinbefore contained for that purpose, shall remain, continue and be vested in the said parties of the third part, their heirs and assigns, upon the trusts, and for the ends, and with, under and subject to the powers expressed and declared of and concerning the same, and the rents, issues and profits thereof shall be applied accordingly. Provided always, and it is hereby agreed between the said parties hereto, that until default shall happen to be made in payment of the said principal money or interest, or some part thereof at the times limited and appointed in and by the first above written proviso, or some or one of them, or of or in the doing, observing, performing, fulfilling, and keeping some one or more of the provisions, covenants, agreements, or stipulations, herein- before contained by or on the part of the said party of the first part, it shall be lawful for the said party of the first part, his heirs and assigns, to hold and enjoy the said premises, and receive and take the rents and profits thereof to his and their own use without any hindrance from the said par- ties of the third part, their heirs or assigns, or any person or persons claiming under them. Provided also, and it is hereby further declared that no1> withstanding the power of sale, and other the powers and provisions of these presents, the said parties of the third part, their heirs or assigns, shall have and be entitled to their right of foreclosure of the equity of redemption of the said party of the first part, his heirs and assigns, in the said premises, as fully and effectually as they might have exercised and enjoyed the same in case the power of sale and the other former provisoes and trusts incident thereto had not been herein contained. Provided also, that the said parties of the third part, their heirs or assigns, shall not be answerable or accountable for any more moneys than they shall actually receive by virtue of these presents, nor for any misfortune, loss, or damage which may happen 196 THE CANADIAN to the said estate, eflFects, and premises in the execution of the trusts afore- said, save and except the same shall happen through their own wilful neglect or default. In witness whereof the said parties to these presents have hereunto set their hands and seals the day and year first before written. Signed, sealed, and delivered by the said MORTGAGE MEMORIAL UNDER STATUTE. A Memorial, to be registered, of an Indenture, made the day of one thousand eight hundred and In pursuance of the Act to faoilicate the conveyance of real property. Between of the first part ; Wife of the said party the- first part of the second part ; and of the third part. Wheeebt the said party of the first part, in consideration of of lawful money of the Province of Canada, then paid by the said party of the third part, to the said party of the first' part, the receipt whereof is thereby acknowledged, did grant unto the said party of the third part, heirs and assigns for ever, All and Singular, th certain Parcel or Tract of Land, situate, lying, and being in To^have and to hold the said above granted premises, unto the said party of the third part heirs and assigns, to and for and their sole and only use forever. And by the same Indenture it is witn jssed that the said party of the second part, wife of the said party of the first part, thereby barred her Dower in the said lands : Subject to a Proviso for making void the said Indenture on payment of the sum of with interest at per cent, per annum, on the days and times and in manner following, that is to say Which said Indenture is witnessed by And this Memorial thereof, is hereby required to be registered by the said Mortgag therein named. Witness, hand and seal , the day of in the year of our Lord one thousand eight hundred and Signed and Sealed in the presence of Count op to wit of maketh Oath that he was present, and saw duly execute the Deed to which the within Memorial relates : also (together with another subscribing witness,) saw duly execute the said Memorial, and that he, Deponent, is a subscribing Witness to said Deed and Memorial, and that both the said Instruments were executed at Sworn he/ore me, at ,■ this day of 18 A Commiaaioner in B. R., &c. CONVEYANCER. 197 MORTGAGE IN FEE, TO BUILDING SOCIETY. This Indenture, made the day of in the year of our Lord one thousand eight hundred and fifty Between of the first part and " THE BUILDING SOCIETY," in the of in the County of in the Province aforesaid, of the part ; Here insert recitals. Now THIS Indenture Witnesseth that the said party of the first part, in consideration of the said sum of of lawful money of Canada, to so advanced and paid by the said Society (the receipt whereof is hereby acknowledged,) doth grant, bargain, sell, alien, assign, transfer, con- vey, and confirm, unto the said Society, and their successors and assigns, All th parcel of land and premises, situated in the of in the County of and Province aforesaid, being composed of Together with the appurtenances, and all the estate, right, title, in- terest, use, trust, claim, property, and demand, both at law and in equity of the said party of the first part, of, in, to or out of the same, and every part and parcel thereof: To have and to hold the said lands, tenements and hereditaments, and all and singular, other the premises hereby conveyed, or mentioned, or intended so to be, with their and every of their appurten- ances, unto the said Society, their successors and assigns, to the use of the said Society, their successors and assigns, forever. Provided always, and these presents are upon this express condition, that if the party of the first part, heirs, executors, administrators, or assigns, do and shall well and truly pay to the said Society, their successors and assigns, the said sum of money, interest and charges, in equal instal- ments of on the day of each month during the term of until the said sum of money, interest and charges, shall be fully paid; And also during the whole time aforesaid, pay to the said Society, their succes- sors and assigns, all other monthly payments and contributions, for, upon, or in respect of the said shares ; And also, all fines and forfeitures what- soever, imposed, or hereafter to be imposed by the said Society and their successors, upon the party of the first part, or the heirs, executors, adminis- trators or assigns of the party of the first part, as a Member or Members of the said Society, or upon the said shares, or for, upon or in respect of any default, or neglect, or breach, of any of the Rules, Regulations, or By- laws of the said Society, by the party of the first part, his heirs, executors, administrators and assigns, without any deduction or abatement; And also, all taxes, rates, assessments, premiums of insurance, interest thereon, and other charges, for, upon, or in respect of the said premises, and every 198 THE CANADIAN part thereof, then these presents and everything therein contained shall be void. And the party of the first part doth hereby, for heirs, executors and administrators, covenant with the said Society, their successors and as- ^gns, in manner following, namely : — That the party of the first part, heirs, executors and administrators, or some or one of them, shall pay unto the said Society, their successors and assigns, the said several payments and sums of money in the above proviso mentioned, at the several days and times, and in manner above limited for payment thereof. And also shall, during the continuance of these presents, insure and keep insured the same 4)remises, in some one of the public Fire Insurance Offices (to be approved of by the said Society), having an office in aforesaid, against loss or damage by fire, in the sum of at least, and shall and will, at his or their own expense, immediately upon making or renewing every policy of insurance, assign the same and the benefit thereof to the said Society, their successors and assigns : And it is hereby agreed and declared by and between the parties, that in case the party of the first part, heirs, executors, administrators or assigns, at any time during the continu- ance of these presents, shall neglect or refuse to insure the said premises in the said sum of or to make such assignment of the policy or policies so to be made and taken as aforesaid, or shall allow any insurance to expire after being so efiiected or assigned, then it shall and may be lawful to and for the said Society, their successors or assigns, either to renew the policy, or otherwise to insure the said premises, in the said sum of or any less sum, for such' time as they shall think proper; and all such policies of insurance, so to be assigned, renewed, made, or taken, shall be to the use of, or in trust for the said Society, their successors and assigns, for better securing to the said Society the payment of the said several sums of money in the said proviso mentioned, and subject thereto, in trust for the party of the first part, heirs, executors, administrators or assigns : and the party of the first part doth hereby declare and agree that the pre- miums, costs and charges, attending the making or renewing of such insurances by the said Society, their successors or assigns, or which they or any of them shall pay, expend, or be put to, in or about the receiving or recovering of the money thereby recoverable, shall stand charged upon the same premises before mentioned, and intended to be hereby conveyed, and carry interest from the respective times of such payment thereof, after the rate of six per centum per annum. And the party of the first part, for heirs, executors and adminis- trators, doth hereby covenant with the said Society, their successors and CONVEYANCER. 199 assigns, that the party of the first part, now solely and rightfully seized of an absolute estate in fee simple, of and in the lands and premises herein described with their appurtenances, and every part and parcel thereof without any reservation, limitation, proviso or condition (other than as aforesaid) or any other matter or thing, to alter, charge, change, incumber or defeat the same. AnI) also, that he the said party of the first part, now hath, good right, full power, and absolute authority to alien, convey and dispose of the said lands, tenements, hereditaments and premises, and every part thereof, with the appurtenances, unto the said Society, their successors, and assigns, in man- ner aforesaid. And moreover, that the party of the first part heirs, and all and every person and persons whomsoever, having or lawfully or equitably claiming, or who shall or may hereafter lawfully or equitably claim any estate, right title, trust or interest, in, to, or out of the said hereditaments and premises, or any part thereof, by, from, under, or in trust for him or them , or any of them, shall and will from time to time, after default shall happen to be made of or in any of the payments in the above proviso mentioned, upon every reasonable request, and at the proper costs and charges of the said So- ciety their successors and assigns, make, do, acknowledge, and execute, all and every such further and other lawful and reasonable acts, deeds, conveyances and assurances in the law whatsoever, for the further and more perfectly granting, conveying, assuring and confirming the said hereditaments and premises with their appurtenances, to the said Society, their successors or assigns, as by the said Society, their successors or assigns, or any of them their or any of their counsel, shall be reasonably devised, advised or re- quired. And it is hereby agreed between the parties to these presents, that until default shall happen to be made in some one of the payments in the above proviso mentioned, or in the doing, observing, performing, fulfilling or keep- ing, some one or more of the agreements in the above proviso set forth, contrary to the true intent and meaning of the said proviso, it shall be law- ful for the party of the first part, heirs or assigns, peaceably and quietly to have, hold, use, occupy, possess, and enjoy the said lands and premises, and e\ery part thereof, with tlie appurtenances, and receive and take the rents, issues and profits thereof, without the let, suit, or denial of or by the said Society, their successors or assigns, or of or by any other person or persons whomsoever, lawfully claiming, or who shall or may law- fully claim, by, from or under them or either of them. Provided always, and it is hereby agreed, that if default shall happen to be made for the space of six months successively, in payment of 200 THE CANADIAN the said several monthly subscriptions, fines and forfeitures, or of any part thereof, or of any other payment or sum aforesaid, or any part thereof, at the days and times at which the same are hereinbefore covenanted to be paid as aforesaid, contrary to the true intent and meaning of the said pro- viso, it shall and may be lawful for the said Society, their successors or assigns, without any previous demand of possession, peaceably and quietly to enter in and take possession of the premises hereinbefore described, or in- tended so to be, with their appurtenances, and to collect, have, receive and take the rents, issues and profits thereof, and without any notice to the party of the first part, heirs or assigns, to sell and dispose of the said hereditaments and premises, or any part thereof, either together or in par- cels, and either by public sale or private contract, on such terms as shall appear to them most advantageous, and for such price or prices as can be reasonably obtained for the same ; and upon payment of the money arising from such sale or sales, to give proper receipts therefor, which receipts shall sufficiently discharge such purchaser or purchasers from so much money as shall be therein expressed, and such purchaser or purchasers, their heirs, executors, administrators or assigns, shall not afterwards be answer- able or accountable for any loss, mis-application or non-application of the said purchase money so received or any part thereof; and by and out of the money to arise by the sale of the aforesaid premises, or any part or parts thereof, to retain to and reimburse themselves all such costs, charges, and expenses, as they shall or may sustain, expend, or be put to, in or about the taking, recovering or keeping possession, as aforesaid, and the making, effect- ing or completing such sale or sales as aforesaid, or by reason of the non- payment or the procuring payment of the said several sums of money and interest, or anywise relating thereto, and from and after payment and satis- faction thereof, to retain to and pay themselves the said principal sum of or whatever part thereof may be then remaining unpaid, and all interest, fines and other sums, due or payable to the said Society, upon such a computation that the said Society shall not be prejudiced by the said money or any part thereof falling in before the days and times ap- pointed for payment thereof, while all due allowance shall be made to the party of the first part heirs, executors, administrators or assigns, for the accelerated payment so obtained by the said Society, their successors or assigns ; And after such amount so made and taken, the surplus (if any there be) shall be paid to the party of the first part, heirs, executors, administrators or assigns. And the said party of the second part in consideration of five shillings of lawful money aforesaid, paid by the said party of the third part, doth grant. CONVETANOER. 201 remise and release unto the said party of the third part, their successors and assigns, all dower and all right and title thereto, which she, the said party of the second part, now hath, or in the event of her surviving her said husband, can or may, or could, or might hereafter in anywise have or claim whether at Common Law or otherwise howsoever, of, in, to, or out of the land, tenements, hereditaments, and premises, with the appurtenances here- by conveyed, or any part thereof. In witness whereof, the parties have hereunto set their hands and seals, the day and year first above written. Signed, S'lnled, and Delivered in presence of Received, on the day of the date of the above-written Indenture, of and from the said Society, the full sum of being the consideration money therein mentioned. Witness, MORTGAGE TO BUILDING SOCIETY. (^Another Form) This Indentxtr'E, made the day of in the year of our Lord one thousand eight hundred and Between of the first part, and of the President of the Building Society, and of the same place Treasurer of the said Society, of the second part ; Whereas the said part of the first part ha become the purchaser of share in the stock or funds of the Building Society, amounting to the sum of and numbered in the Books of the said Society, as share number which share ha been advanced and paid to accordingly. Now THIS Indenture witnesseth, that the said part of the first part, for and in consideration of the said sum of of lawful money of Canada, to so advanced and paid by the > said Society (the receipt whereof is hereby acknowledged), ha granted, bargained, sold, aliened, assigned, transferred, conveyed and confirmed, and by these presents do grant, bargain, sell, alien, assign, transfer, convey and confirm, unto the said parties of the second part, and to their successors in the offices of President and Treasurer of the said Society, and their assigns. All that certain parcel or tract of land and premises, situate, lying and being in the of in the county of and Province of Canada being com- posed of Together with all the houses, out-houses, buildings, woods, ways, waters water-courses, easements, profits, privileges, hereditaments and appurtenan- ces, thereto belonging or in anywise appertaining; and the reversion and 202 THE CANADIAN reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right, title, interest, use, trust, claim, property and demand, both at law and in equity, of the said part of the first part, of, in, to, or out of the same, and every part and parcel thereof; To have and TO HOLD the said lands, tenements, and hereditaments and all and singular other the premises hereby conveyed or mentioned, or intended so to be, with their and every of their appurtenances, unto the said parties of the second part, their successors in office as aforesaid, and their assigns, to the use of the said parties of the second part, their successors and assigns foe- EVER, UPON TRUST, to and for the benefit and behalf of the said Society, according to the force of the statute in such case made and provided, and the Rules of the said Society for the time being. Provided always, and these presents are upon this express condition, that if the said part of the first part, heirs, executors, adminis- trators or assigns, or any of them, do and shall, on or before the days and times appointed or to be appointed for that purpose by the Rules of the said Society, duly pay or cause to be paid to the said parties of the second part, their successors or assigns, the monthly subscriptions upon the said share according to such rules ; and also all fines, forfeitures and other payments, that may become due or payable in respect thereof; and also pay the in- terest, upon the said sum of so advanced as aforesaid, by equal monthly payments of each, on or before the of each month ; the first of such payments of interest to be made on or before the day of next ; such several monthly subscriptions and payments of interest to continue till the objects of the said Society shall have been at- tained in manner provided for, or to be hereafter provided for, by the Rules thereof: without any deduction, defalcation or abatement whatsoever ; and also do and shall well and truly pay or cause to be paid all taxes, rates, as- sessments, premiums of insurance, interest^thereon, and other charges, for, upon, or in respect of the said premises, and every part thereof, then these presents, and everything herein contained, shall be void. And the said part of the first part do hereby, for heirs, executors, and administrators, covenant, promise and agree, to and with the said parties of the second part, their successors in office as aforesaid, and their assigns, in manner following, namely ; — That the said part- of the first part, heirs, executors and administrators, or some or one of them, shall and will from time to time well and truly pay or cause to be paid unto the said parties of the second part, their successors in office as aforesaid, and their assigns, the said several payments and sums of moneys in the above proviso mentioned, at the several days and times, and in man- CONVEYANOEB. 203 ner above limited for payment thereof. And also shall and will, from time to time, and at all times hereafter, so long as the said Society shall be in operation, insure and keep insured the same premises, in some or one of the public Fire Insurance Offices, against loss or damage by fire, in the sum of at least : and shall and will, at his or their own expense, immediately upon making or renewing every policy of insurance, assign the same and the benefit thereof to the said parties of the second part, their suc- cessors in office as aforesaid, and their assigns ; And it is hereby agreed and declared by and between the parties, that in case the said part of the first part, heirs, executors, administrators or assigns, at any time during the continuance of this Society, shall neglect or refuse to insure the said premises, in the said sum of or to make such assignment of the policy or policies so to be made and taken as aforesaid, or shall allow any insurance to expire after being so effected or assigned, then it shall and may be lawful to and for the said parties of the second part, their successors in office as aforesaid, or assigns, either to renew the policy, or otherwise to insure the said hereditaments and premises, in the said sum of or any less sum, for such time as they shall think proper ; and that all such policies of insurance, so to be assigned, renewed, made, or taken, shall be to the use of, or in trust for, the said parties of the second part, their successors and assigns, for better securing to the said Society the payment of the said several sums of money in the said proviso mentioned, and subject thereto, in trust for the said "part of the first part, heirs, executors, adminis- trators or assigns ; and the said part of the first part do hereby declai'e and agree, that the premiums, costs and charges, attending the making or renewing of such insurances by the said parties of the second part, their successors or assigns, or which they or any of them shall pay, expend or be put to, in or about the receiving or recovering of the money thereby recoverable, shall stand charged upon the same hereditaments and premises before mentioned and intended to be hereby conveyed; and carry interest from the respective times of such payment thereof, after the rate of six per cent, per annum. And the said part of the first part, for heirs, executors and ad- ministrators, do hereby covenant and declare with and to the said parties of the second part, their successors and assigns, that the said par1> of the first part, now solely and rightfully seized of a good, sure, perfect, absolute and indefeasible estate of inheritance in fee simple, of and in the lands, tenements, hereditaments and premises hereinbefore described, with their appurtenances, and every part and parcel thereof, without any reservation, limitation, proviso or condition (other than as aforesaid"), or any 204 THE CANADIAN other matter or thing, to alter, charge, change, incumber or defeat the same. And also that the said part of the first part, now ha in good right, fall power and absolute authority to alien, convey and dispose of the said lands, tenements, hereditaments and premises, and every part thereof, with their appurtenances, unto the said parties of the second part, their successors and assigns, in manner aforesaid. And moheover, that the said part of the first part, heirs and all and every person and persons whomsoever, having, or lawfully or equitably claiming, or who shall or may hereafter lawfully or equitably claim any estate, right, title, trust or interest, in, to or out of the said hereditaments and premises hereinbefore mentioned, and intended to be hereby granted and conveyed, or any part thereof, by, from, under or in trust for him or them, or any of them, shall and will from time to time, and at all times after default shall happen to be made of or in any of the payments in the above proviso mentioned, upon every reasonable request, and at the proper costs and charges of the said parties of the second part, their successors or assigns, make, do, acknowledge and execute, or cause or procure to be made, done, acknowledged and exe- cuted, all and every such further and other lawful and reasonable acts, deeds, conveyances and assurances in the law whatsoever, for the further, better and more perfectly granting, conveying, assuring and confirming the said hereditaments and premises, with their and every of their appurtenances, to the uses and upon the trusts hereinbefore limited, as by the said parties of the second part, their successors or assigns, or any of them, their, or any of their counsel, shall be reasonably devised, advised or required. - And it is hereby agreed and declared, by and between the said parties to these presents, that until default shall happen to be made in some or. one of the payments in the above proviso mentioned, or in the doing, observing, performing, fulfilling or keeping, some one or more of the agreements or stipulations in the said above proviso particiilarly set forth, contrary to the true intent and meaning of the said proviso, it shall and may be lawful to and for the said part of the first part, heirs or assigns, peaceably and quietly to have, hold, use, occupy, possess and enjoy, the said lands, tenements, hereditaments and premises, and every part thereof, with the appurtenances, and receive and take the rents, issues and profits thereof, without the let, suit, hindrance, interruption or denial of or by the said parties of the second part, their successors or assigns, or of or by any other person or persons whomsoever, lawfully claiming, or who shall or may law- fully claim, by, from or under them or either of them. Provided always, and it is hereby agreed and declared, that if default shall happen to be made for the space of six months successively, in pay- • CONVEYANCER. 205 ment of the said several monthly subscriptions, fines and forfeitures, or of any part thereof, or of the interest aforesaid, or any part thereof, at the days and times at which the same are hereinbefore covenanted to be paid as aforesaid, contrary to the true intent and meaning of the said proviso, it shall and may be lawful for the said parties of the second part, their successors or assigns, without any previous dtmand of possession peaceably and quietly to enter into and take possession of the premises hereinbefore described, or intended so to be, with their appurtenances, and to collect, have, receive and take, the rents, issues and profits thereof, and without any notice to the said part of the first part, heirs or as- signs, to sell and dispose of the said hereditaments and premises, or any part thereof, either together or in parcels, and either by public sale or private contract, on such terms as shall appear to them or him most advantageous, and for such price or prices as can be reasonably obtained for the same : and upon payment of the money arising from such sale or sales, to give proper re- ceipts 'therefor, which receipts shall sufficiently discharge such purchaser or purchasers from so much of the purchase money as shall be therein expressed or acknowledged to be received, and such purchaser or purchasers, his or their heirs, executors, administrators or assigns, shall not afterwards be answerable or accountable for any loss, misapplication, or non-application of the said purchase money so received, or any part thereof; and by and out of the money to arise by the sale of the aforesaid premises, or any part or parts thereof, to retain to and reimburse himself or themselves, all such costs charges and expenses, as he or they shall or may sustain, expend or be put to, in or about the taking, recovering, or keeping possession as aforesaid, and the making, effecting or completing such sale or sales as aforesaid, or by reason of the non-payment or the procuring payment of the said several sums of money and interest, or anywise relating thereto ; and from and after payment and satisfaction thereof, to retain to and pay himself or themselves the remainder of the said principal sum of then remaining un- paid, and all interest, fines and other sums, due or payable to the said Society, giving credit for such of the subscriptions upon the said share , so advanced, as shall have been paid to the said Society by the said party of the first part, and interest thereon, at the rate of six per cent, per annum, from the times of such respective payments : and to pay the residue and sur- plus of the money to arise by such sale or sales to the said part of the first part heirs, executors, administrators and assigns, or as he or they shall direct or appoint. In witness whereof, the parties have hereunto set their hands and seals the day and year first above written. 206 THE CANADIAN Signed, Sealed and Delivered in presence of Received, on the day of the date of the above written Indenture, of and from the therein named parties of the second part, the full sum of being the consideration money therein mentioned. Witness, MEMOEIAL OF MOETGAGE TO BUILDING SOCIETY. A Memorial, of an Indenture of Bargain and Sale by way of Mortgage, dated the day of one thousand eight hundred and ; and made between of the first part, and of the President of the Building Society, and of the same place, • Treasurer of the said Society, of the second part : Whereby, (after reciting as is therein recited) the said party of the first part, in consideration of the sum of (the receipt whereof is thereby acknowledged), did grant, bargain, sell, alien, assign, transfer, convey and confirm, unto the said parties of the second part and to their successors in the offices of President and Treasurer of the said Society, and their assigns, all that certain parcel or tract of land and premises, situate, lying and being in the of in the County of and Province of Canada, being composed of Together with all the privileges and appurtenances thereto belonging : To have and to HOLD unto and to the use of the said parties of the second part, their suc- cessors and assigns, for ever, upon trust to and for the benefit and behalf of the said Society, according to the force of the statute in such case made and provided, and the Rules of the said Society for the time being. Which Indenture contains a proviso for making the same void, upon payment of certain sums of money, in manner and at the times therein set forth ; and also a power to the said parties of the second part to take possession, and to sell and dispose of the premises, in case any of the said payments shall be in arrear for sis months successively, and to apply the rents, profits, and proceeds, in manner therein mentioned. And is witnessed by And this Memorial thereof is hereby required to be registered by me the said Mortgag Witness my hand and seal, this day of one thousand eight hundred and Signed and Sealed in presence of County op to wit : of the in the said County of in the within Memorial named, maketh oath and saith, that he was present and did see the Indenture to which the said Memorial relates duly executed, signed, sealed and delivered by the therein named and that he is a CONVEYANCER. 207 subscribing witness to the execution of the said Indenture : that he, this deponent, also saw the said Memorial duly signed and sealed by the therein named for registry thereof. Which said Memorial was attested by him, this deponent, and another subscribing witness; and that both said Instruments were executed at Sworn before me, at in the said County of this day of 185 A Oommksioner in B. S., ^c, in ami for the County of MOKTGAGE TO BUILDING SOCIETY. ( C'ovena)i( not to aue upon.) This Indenture made the day of one thousand eight hundred and Between A B &c.. Trustees of the Building Society of the one pai-t and D of of the other part. Whereas by Indenture bearing date the day of one thousand eight hundred and and made between and the said C D of the part ; All and singular that certain parcel or tract of land and premises situate, lying and being was granted, bargained, sold and conveyed to the said heirs and assigns for ever. And whereas by Indenture of Mortgage dated the d^y of one thousand eight hundred and and made between the said C D of the one part and the said A B &c., Trustees of the Benefit BuQding and Investment Society of the other part, the ground messuages and premises comprised in and conveyed by the said hereinbefore recited Indenture were conveyed to th'e said Trustees, their successors and assigns for ever ; but upon the trusts and subject to the provisoes therein contained, being trusts and provisions for securing the due and regular payment by the said C. D. his heirs, execu- tors, administrators and assigns of all subscription moneys, fines, and other payments due and to become due and payable to the said Society on or in respect of the ^hares of the said C. D. in the said Society, (which in the now reciting Indenture of Mortgage are stated to have been advanced to him immediately before the execution thereof), or otherwise as a Member of the said Society by the said C. D. his heirs, executors, administrators and assigns. And whereas the shares of the said C. D. in the said Society have been transferred to E. E. of Gentleman, and the messuage and prenjises comprised in and conveyed by the said firstly hereinbefore recited Inden- ture have been by Indenture bearing date the day of one thousand eight hundred and conveyed unto the said E. P., his heirs and assigns for ever subject to the said hereinbefore recited Indenture of Jlortgage of the 208 THE CANADIAN day of one thousand eight hundred and and the security thereby made and the payments of the moneys and observance of the Rules of the said Society thereby secured. And whereas the said E. F. in compliance with the Rules of the said Society in that behalf upon the transfer of the said shares to him entered into a covenant with the said Trustees for the payment of all subscriptions and other payments to become due to the said Society in respect of the said shares so transferred, and to observe the Rules of the said Society and the covenants on the part of the said C. D. contained in the said hereinbefore re- cited Indenture of Mortgage of the day of one thousand eight hundred and And whereas the said CD. hath requested the said A. B . &c., Trustees of the Building Society in compliance with the Rules of the said Society to release him from all liability under the said hereinbefore re- cited Indenture of Mortgage of the day of one thousand eight hundred and and they have accordingly agreed to enter into the covenant hereinafter contained. Now this Indenture Witnesseth that in pursuance of the said agreement and in consideration of the premises, and in compliance with the Rules of the said Society, the said A. B. &c. as such Trustees as aforesaid do hereby for themselves, their successors and assigns, covenant and declare with and to the said 0. D. his heirs, executors, and administrators, That they the said A. B. &c., Trustees of the said Building Society, their successors or assigns, shall not nor will at any time or times hereafter commence or prosecute against the said C. D. or -his heirs, executors or administrators, (in respect of his estate) any action, suit, or other proceeding at law or in equity for or in respect of the breach or non-performance of the covenants on the part of the said C. D. his heirs, executors, administrators or assigns, contained in the said hereinbefore re- cited Indenture of Mortgage of the day of one thousand eight hundred and or any of them but nothing herein contained shall be con- strued as releasing the said E. F. (as such purchaser as aforesaid), his heirs, executors, administrators and assigns, from the performance of the said covenants, or as in any way prejudicing or affecting the exercise of all the trusts, powers, and authorities contained in the said Indenture of Mortgage, in like manner as if this Indenture had never been made or executed. In witness whereof the said parties to these Presents have hereunto set their hands and seals the day and year first above written. Signed, Sealed, and Delivered in presence of CONVEYANCER. 209 MOKTaAGE IN FEE, BY WAY OF FURTHER CHARGE. This Indenture made the day of in the year of our Lord one thousand eight hundred and Between A. B., of &c., of the first part, and C. D., of &c., of the second part. Whereas by an Indenture of Mortgage bearing date the day of one thousand eight hundred and and made between the said A. B., of the first part his wife of the second part and the said C. D., of the third part. In consideration of the sum of then advanced lent and paid by the said C. D., to the said A. B., He the said A. B., did grant unto the said C. D., his heirs and assigns for ever, all and singular that certain parcel or tract of land and premises situate, lying and being in the To hold unto the said C . D., his heirs and assigns, to and for his and their sole and only use for ever ; subject to the proviso thereinafter contained for redemption of the said premises on payment by the said A. B., his heirs, executors, administrators or assigns, unto the said C. D., his executors, administrators or assigns, of the said sum of with interest thereon, at six per cent per annum, at the times and in manner therein mentioned. And whereas the said wife of the said A. B., has since departed this life. And whereas the said princi- pal sum of still remains due and owing to the said C. D., upon the security of the said Indenture of Mortgage, but all interest thereon hath been duly paid and satisfied up to the day of the date of these presents. And whereas the said A. B., having occasion for the further sum of yhath applied to and requested the said C. D. to lend him the same, which he hath consented and agreed to do on having the repay- ment thereof with interest, secured in manner hereinafter mentioned. Now THIS Indenture Witnesseth that in pursuance of the said agree- ment and in consideration of the sum of of lawful money of Canada, this day lent, advanced and paid by the said C. D., to the said A. B., (the receipt whereof the said A. B., doth hereby acknowledge and therefrom discharge the said C. D., his heirs, executors, administrators and assigns for ever, by these presents), He the said A. B., doth hereby for himself, his heirs, executors and administrators, covenant promise and agree to and with the said C. D., his executors, administrators and assigns. That all and singular the said freehold messuages or tenements, land, hereditaments and premises comprised in and conveyed by the hereinbefore recited Inden- ture of Mortgage with the appurtenances, shall from henceforth stand and be charged and chargeable with, and be subject and liable to, and shall con- tinue and remain vested in, the said C. D., his heirs and assigns for secuj ring the repayment as well of the said sum of with interest from the 210 THE CANADIAN date hereof at the rate, upon times and in manner in the covenant of the said A. B., hereinafter contained specified and set forth as of the said sum of and interest by the said Indentuye of Mortgage secured and made payable, and that the said premises or any part thereof shall not be redeem- ed or redeemable at law or in equity (or otherwise) until full payment to the said C. D., his executors, administrators or assigns not only of the said principal sum of _ so lent and advanced and secured by the hereinbefore recited Indenture of Mortgage as aforesaid, and the interest to become due thereon respectively, but also of the said principal sum of this day lent advanced and paid as aforesaid, and the interest thereof, according to the covenant hereinafter contained, anything in the hereinbefore recited Inden- ture of Mortgage to the contrary thereof notwithstanding. And the said A. B., doth hereby for himself, his heirs, executors and administrators further covenant promise and agree to and with the said C. D., his execu- tors administrators and assigns that he, the said A. B., his heirs, executors, administrators or assigns, shall and will on or before the day of which will be in the year of our Lord one thousand eight hundred and well and truly pay or cause to be paid unto the said C. D., his executors, administrators or assigns, the said sum of together with interest thereon from the date hereof in the meantime, at the rate of six per cent per annum, half yearly on the days of and until the said principal sum is fully paid and satisfied such interest to commence and be computed from the day of the date hereof and the first payment of interest to become due and be made on the day of next, without any deduction, defalcaticjn or abatement thereout, for or in respect of any taxes, charges or assessments on the said land and premises, the said sum of money, or the said party of the second part or otherwise howsoever. And it is hereby agreed and DECLARED by and between the said parties hereto, that all and singular the trusts, powers, remedies and provisions by the hereinbefore recited Inden- ture of Mortgage, given to, or vested in, the said C. D., his heirs, executors, administrators or assigns, shall extend and be applicable to the securing and paying to the said CD., his executors, administrators and assigns as well of the said sum of and interest, this day lent and advanced, as also of the said sum of and interest thereon as aforesaid. And further, that if default shall be made in payment of the said sum of and interest or any part thereof, at the times hereinbefore appointed for payment thereof, he the said A. B., and his heirs, and all persons claiming any interest in the said premises in trust for him or them, shall and will at the request of the said C. D., his executors administrators or assigns, make, do, execute and perfect all such further acts and deeds for the better securing the repay- CONVETANOEK. 211 ment of the said principal sum of and interest, and for more effectually charg. ing the said premises, with the repayment thereof, as by the said C. D. his executors, administrators or assigns, or his or their counsel in the law shall be reasonably devised, advised, or required. And the said A. B., lastly hereby covenants with the said C. D., to insure the said premises in the sum of and assign the policy of insurance in the manner upon the terms and subject to the provisions, conditions and stipulations in every re- spect in the said recited Indentiwe of Mortgage, specified and set forth in lieu of the said sum of therein mentioned as to be insured upon the said premises. In Witness whereof the said parties hereto, have hereunto set their hands and seals Signed, Sealed and Delivered in the presence of Received on the day of the date hereof, from the said C. D., the sum of being the full consideration above mentioned. In presence of MOETGAGE OF LEASE. This Indenture, made the **» day of in the year of our Lord one thousand eight hundred and Between of the first part ; and of the second part. Wheeeas, by an Indenture of Lease, bearing date on or about the day of in the year of our Lord one thousand eight hundred and and made between - ; The said Lessor therein named did demise and lease unto the said Lessee therein named, executors, administra- tors, and assigns, all and singular, th certain pai-oel or tract of land and premises, situate, lying and being in the to hold the same, with their appurtenances, unto the said Lessee -executors, ad- ministrators, and assigns, from the day of in the year of our Lord one thousand eight hundred and for and during the term of t years from thence next ensuing, and fully to be complete and ended ; at the yearly rent of and under, and subject to the Lessee's covenants and agreements in the said Indenture of Lease reserved and contained Now THIS Indenture witnesseth, that in consideration of the sum of of lawful money of Canada, now paid by the said part of the second part to the said part of the first part (the receipt whereof is hereby acknowledged), the said part of the first part do hereby grant, bargain, sell, assign, transfer, and set over unto the said part of the second part, executors, administrators, and assigns, ALL AND SINGULAR the said parcel or tract of land and all other the premises comprised in, and demised by, the said hereinbefore in part recited 212 THE CANADIAN Indenture of Lease : together with, the said Indenture of Lease, and all benefit and adyantage to be had or derived therefrom : to have and to HOLD the same, together with all houses and other buildings, easememts, privileges, and appurtenances thereunto belonging, or in anywise appertain- ing unto the said part of the second part, executors, adminis- trators, and assigns, from henceforth for and during all the residue of the said term granted by the said Indenture of Lease, and for all other the es- tate, term, right of renewal (if any), and other the interest of the said part of the first part therein, subject tc the payment of the rent and the observance and performance of the Lessee's covenants and agreements in the said Indenture of Lease reserved and contained. Peovided always, that if the said part of the first par^ heirs, executors, or administrators, do, and shall well and truly pay, or cause to be paid unto the said part of the second part, executors, ad- ministrators or assigns, the full sum of with interest for the same, at per cent, per annum, on the days and times and in manner following that is to say : — without making any deduction, defalcation, or abate- ment thereout, on any account whatsoever, then these presents, and every clause, covenant, matter, and thing herein contained shall cease, determine, and be absolutely void to all intents and purposes whatsoever, as if the same had never been executed. And the said part of the first part do hereby, for heirs, executors, and administrators, covenant, promise, and agree, to and with the said part of the second part, executors, administrators, and assigns, in manner following, that is to say : — That the said part of the first part, heirs, executors, and administrators, or some or one of them, shall and will well and truly pay, or cause to be paid, unto the said part of tK"e second part, executors, administrators, or assigns, the said principal sum and interest in the above proviso mentioned, at the times and in manner hereinbefore ap- pointed for payment thereof, without any deduction or abatement whatso- ever, and according to the true intent and meaning of these Presents. And that the said hereinbefore in part recited Indenture of Lease is, at the time of the sealing and delivery of these Presents, a good, valid, and subsisting Lease in the Law, and not surrendered, forfeited, or become void or voidable ; and that the rent and covenants therein reserved and con- tained, have been duly paid and performed by the said part of the first part, up to the day of the date thereof. And that the said part of the first part now ha in good right, full power and lawful and absolute authority to assign the said lands CONVETANOEK. 213 and premises in manner aforesaid, and according to the true intent and meaning of these Presents. And that in case of default in payment of the said principal money or in- terest, or any part thereof, contrary to the proviso and covenant aforesaid, it shall be lawful (for the said part of the second part, executors, administrators, and assigns, to enter into and upon and hold and enjoy the said premises for the residue of the term granted by the said Indenture of Lease, and any. renewal thereof (if any) for their own use and benefit, with- out the let, suit, hindrance, interruption, or denial of the said part of the first part, executors, administrators or assigns, or any other persona whomsoever; and that free and clear, and fresly and clearly acquitted, exonerated and discharged, or otherwise, by, and at the expense of the said part of the first part, heirs, executors, and administrators, well and effectually saved, defended, and kept harmless of, from, and against all former and other gifts, grants, bargains, sales, leases, and other incumbrances whatsoever. ' And that the said part of the first part, heirs, executors, ad- ministrators and assigns, and all other persons claiming any interest in the said premises, shall and will, from time to time, and at all times hereafter, so long as the said principal sum or any part thereof shall remain due and owing on this security, at the request and costs of the said part of the second part, executors, administrators, or assigns, make, do, and exe- cute, or cause and procure to be made, done, and executed-, all such further assignments and assurances in the law of the said premises for more effectu- ally assigning and assuring the said premises for the residue of the said term, and any renewal thereof, (if any) subject to the proviso aforesaid, as by the said part of the second part executors, administrators, or assigns, or Counsel in the Law shall be reasonably advised or required. And that the said part of the first part, executors, adminis- trators, or assigns, shall and will, from time to time, until default in payment of the said principal sum or the interest thereof, and until the said part of the second part shall enter into possession of the said premises as afore- said, well and truly pay, or cause to be paid, the said yearly rent by the said Indenture of Lease reserved, and all taxes payable on the said premises, and perform and keep all the Lessee's covenants and agreements in the said Lease contained, and indemnify, and save harmless the said part of the second part therefrom, and from all loss, costs, charges, damages, and expenses in respect thereof. And also, shall and will, from time to time, and at all times hereafter, 214 THE CANADIAN SO long aa the said principal money and interest, or any part thereof shall remain due on this security, insure and keep insured, the buildings erected or to be erected on the land hereby assigned, or any part thereof, against loss or damage by fire ; in some one of the Public Fire Insurance Offices (English or Canadian), in the full amount hereby secured, at the least ; and at the expense of the said part of the first part, immediately assign the Policy, and all benefit thereof, to the said part of the second part, executors, administrators, and assigns, as additional security for the payment of the principal money and interest hereby secured : and that in default of such Insurance, it shall be lawful for the said part of the second part, executors, administrators, or assigns, to effect the same, and the Premium or Premiums paid therefor, shall be a charge or lien on the said premises hereby assigned, which shall not be redeemed or redeemable until payment thereof, in addition to the said principal money and interest aa aforesaid. Provided lastly, that until default in payment of the said principal money and interest hereby secured, it shall be lawful for the said part of the first part executors, administrators or assigns, to hold, occupy possess, and enjoy the said lands and premises hereby assigned, with the appurtenances^ without any molestation, interruption, or disturbance, of, from, or by the said part of the second part executors, adminis- trators, or assigns, or any person or persons claiming, or to claim, by, from, through, under, or in trust for him, them, or any of them. In witness wheeeop the said parties to these presents have hereunto set their hands and affixed their seals the day and year first above written. Signed, Sealed, and Delivered in the presence of Received on the date hereof, the sum of being the full consideration above mentioned. In presence of NOTARIAL CERTIFICATES, &c. I, a Notary Public for Upper Canada by Royal Authority, duly appointed, do hereby certify that within named came and appeared before me and duly executed and delivered the within as his act and deed for the purposes therein mentioned in my presence ; and I further certify that I well know the said and that he is the grantor therein named. Given under my hand and seal of office at my Chambers in the of this day of 18" OONVEYANOBR. 215 To WIT : On this day of A.D. 18 came and appeared before me, of within named, who being sworn maketh oath as follows : — 1. I was personally present and saw of within mentioned duly sign, seal, and deliver the within as his act and deed. 2. I am a subscribing witness to the said and 3. The name is of the proper hand- writing of me this Deponent. Sworn before me at Mayor. I, of in the County of and Province of Canada, a Notary Public by Royal authority, duly Commissioned in and for that part of the said Province, formerly Upper Canada, do hereby certify that on this day of A.D. 18 personally came and appeared of the said City of the Deponent named in the foregoing affidavit, and did then and there before the Mayor and Chief Magistrate of the said state and depose to be true the several matters and things mentioned and contained in the said affidavit, and I do hereby further certify that I am also one of the attesting Witnesses to the execution of the foregoing by the said and that the same was executed as it purports to have been. In testimony whereof I have hereunto set my hand and seal of office this day of A.D. 18 NOTICE OF PROTEST. day of 18 ToM Take notice that a dated on the day of 18 for the sum of drawn by payable after the date thereof at and endorsed by was this day presented by me for payment at the said and that payment thereof was refused ; and that the folder of the said look to you for payment thereof. And also take notice, that the same was protested by me for non-payment. Your obedient servant, Notary Public. NOTICE TO QUIT. To Ok whom else it may Concern. I hereby give you J^fotice to quit and deliver up on or before the day 216 THE CANADIAN of 18 the peaceable and quiet possession of the premises you now hold of me, with the appurtenances, situate in the of in the Pro- vince of Canada. Dated this day of A.D. 18 Yours &c., Witness : PARTNEESHIP DEED. (^ISpecial Form,.') This Indenture, made the day of A.D. 18 Between of the one part and of the other part "Whereas the said & have agreed to become Partners in their said Trade or Business of for the term and subject to the stipulations hereinafter expressed. Now thereeore these Presents Witness that each of them the said and for himself his heirs, executors, and administrators, hereby covenants with the other of them, his executors and administrators in manner following, (that is to say) That the said and shall henceforth be and become Partners to- gether in the said Trade or Business of for the full term of years, to be computed from the day of the date of these Presents, if both the said Partners shall so long live, subject to the provisions hereinafter contained for determining the said Partnership. That the said Business shall be carried on under the firm of at or in the messuage or tenement, shop and premises belonging to the said in aforesaid, or in such other place of business as the said Partners shall from time to time mutually agree upon. That the said Partners shall be entitled to the profits of the said business in the proportions following, namely the said to and the said to the remaining part thereof, and that all losses happening iii the course of the said Business shall be borne by them in the same proportions unless the same shall be occasioned by the wilful neglect or default of either of the said Partner*, in which case the same shall be made good by the Partner through whose neglect the same shall happen. That the said shall be at liberty from time to time to draw out of the said business any sum or sums not exceeding the sum of per month for his own use, and the said shall be also at liberty to draw out of the said business any sum or sums not exceeding the sum of per month, for his own use, such sums to be entered to their respective debits in the Partnership Books and duly accounted for by them respectively on every settlement of accounts and division of the profits of the said business. That the capital requisite for carrying on the said business shall be ad- CONVETANCER. 217 vanoed or brought into the said business by the said and in the following proportions namely, by the said and the remaining part thereof by the said And that they shall be coiisidered as creditors of the said partnership in respect of such capital and shall be allowed interest for the same after the rate of six per cent, per annum. That the said shall be allowed by the said Partnership the clear yearly sum of by way of rent for the shop and other parts of the said premises in aforesaid, at present used for the said business, so long as the said business shall be carried on therein ; but that the said shop and premises shall be and continue the sole property of the said That the said rent and all other outgoings which shall become payable in respect of the said business, shop and premises, the costs of insuring the stock in trade and fixtures belonging to the said Partnership from loss or damage by fire, the expense of providing firing and lights, and of paying clerks, porters and servants, to be employed in the said business and of travelling and all other disbursements and expenses which may te incurred by the said Partners respectively in the course of the said business, shall be paid 9nd borne out of the profits of the said Partnership. That no shopman, apprentice, clerk or servant shall be taken or engaged or be employed in or about the said business by either of the said parties without the consent of the other of them. That all premiums and apprentice fees to be paid with any apprentice or other person to be received into the said business shall be considered as part of the profits of the said business and divided accordingly." That on the day of in every year or as soon as conveniently may be thereafter during the said Partnership, the said Partners shall make out a full and correct general account in writing of the stock in trade, of all the credits and efiects due owing and belonging to the said Partnership , and. of all debts and demands upon or due or owing by or from the said Partnership, according to the usual mode of making out such accounts arhong traders, and cause such account to be written in two books, to be respectively sub- scribed by the said two partners and after such subscription each of the said Partners shall take one of the said books and be concluded thereby, unless some manifest error to the amount of £10 or upwards, shall appear therein, within the space of twelve calendar months next after the making up of such accounts and be notified by either of the said Partners unto the other of them within that time, and in such case only, such error shrtl be rectified. And that upon the making up of every such yearly account, all interest which shall become due to the said & for such sum or sums of money as they shall respectively advance and bring into the said Partner- P 218 THE CANADIAN ship, and the yearly allowance of to the said for rent shall, in the first place be deducted, and the residue of the clear profits of the said busi- ness which shall have accrued or been gained in the preceding year, shall be divided between the said partners in the proportions aforesaid. That the said Partners respectively shall keep or cause to be kept proper accounts in writing of all moneys received and paid, of all Contracts entered into, and all business transacted on account of the said partnership, and of all other matters of which accounts ought to be kept, according to the usual and regular course of the said business, and which accounts together with all deeds, securities for money, and bills of parcels and papers belong- ing to the said Partnership, shall be kept at the office or counting-house where the said business shall be carried on and not elsewhere, and shall at all reasonable times be open to the inspection of both the said Partners, and in case of death to the representative or representatives of the deceased Partner, who shall at all times be at liberty to peruse and take copies of the same. That all contracts and engagements entered into by the said parties or either of them, on account of the Joint Trade and Checks and Drafts upon Bankers, and Bills of Exchange, Promissory Notes and other securities, Bills of Parcels, receipts for money, and other evidences whatsoever relating there- to, shall be made, given and taken respectively in the name of the said Copartnership, or as the said Partners shall jointly appoint. That the said Partners shall be true and faithful to each other in all their contracts, sales, reckonings, receipts, payments dealings and transac- tions, and shall at all times during the continuance of the said Partnership diligently and faithfully employ themselves respectively in the conduct and management of the said business and concerns of the said Partnership. That neither of the said Partners shall transact any business or enter into any contyact or agreement with, or give credit to any person or per- sons on account of the said Partnership, after he shall be requested by the other of them not to do the same, and that neither of the said Partners with- out the consent of the other of them, shall compound release or discharge any debt or duty which shall be due, owing, or belonging to the said Partnership, without receiving the full amount or value thereof, nor sign any general Bslease Letter of License, Deed of Assignment, or other Instrument where- by any debt or security shall be in any wise discharged, vacated, diminished, or affected, and that neither of the said Partners without the consent of the other of them, shall draw or accept any Bill of Exchange or Promissory Note, or contract any debt on acconnt of the said Partnership, except in the regular and usual course of business of the said Pai'tnership, and for the CONVEYANCEIt. 219 benefit thereof, and that neither of the said Partners without the consent of the other of them, shall become bail or surety for any person or persons, and that neither of the said Partners shall assign over his share or interest in the said Partnership, or withdraw his share of the Capital therein, or car- ry on either separately or in Partnership with any other person or persons the said business of , or any other trade or business, or knowingly or willingly do commit or permit any act, matter, or thing whatsoever, by which or by means of which the said Partnership moneys, estate and effects shall be seized, attached, or taken in execution. That in case either of the said Partners shall die before the expiration of the term of the said Partnership, then the surviving Partner shall with-' in the space of six calendar months next after the decease of the Partner so dying, settle and adjust with the representative or representatives of the de- ceased Partner, all accounts, matters and things relating to the said Part- nership, and if the surviving Partner shall be desirous of purchasing the share of the deceased Partner, of and in the property, estate, credits and effects of the said Partnership, then the value thereof shall be ascertained by two indifferent persons one to be chosen by the surviving Partner, and the other by the representative or representatives of the deceased Partner, and the surviving Partner shall thereupon become the purchaser of the said share at such valuation, and shall enter into a bond in a sufficient penalty for securing to the representative or representatives of the deceased Part- ner the amount of such valuation, by three equal instalments at the respec- tive periods of six, twelve and eighteen calendar months next after the decease of the Partner who shall so die as aforesaid, with interest- at the rate of six per cent, per annum from the time of such decease, and also a bond for indemnifying the estate and effects of the deceased Partner against the debts and demands due or owing by or from the said Partnership, upon having a proper assignment or assurance executed for vesting in the surviv- ing Partner the share of the deceased Partner, and enabling such surviv- ing Partner to collect and get in all the credits and effects due, owing and belonging to the said Partnership ; but in case at the decease of either of the said Partners as aforesaid, the surviving Partner shall decline being such purchaser as aforesaid, then the credits, estates and effects composing the said Partnership property, shall be collected in and disposed of and converted into money, and out of the money arising therefrom all the debts due from the said Partnership shall be discharged, and the surplus or resi- due (if any) shall be divided between the surviving Partner and the repre- sentatives of the deceased Partner in the proportions hereinbefore men- tioned. 220 THE CANADIAN That in case the said shall die before the expiration of the said term of the said partnership, then the said shall have the option of purchasing from his representative or representatives the said messuage or tenement in aforesaid, in which the said business is now carried on by thtm, at the price or sum of provided the said shall signify his inten- tion of becoming the purchaser thereof to the representative or representa- tives of the said , within three calendar months next after the decease of the said , and the said shall accept an assignment to be pre- pared at his expense of the term of the said in the messuage or tene- ment and premises whereof years are now unexpired, subject to the , yearly rent of without requiring the production of the Lessors title. Th VT if at any time during the said Partnership or at any time after the dissolution or other sooner determination thereof, any dispute, doubt, or ques- tion shall arise between the said Partners or either of them, 'their or either of their heirs, executors or administrators, either on the construction of these presents or respeetiffg the accounts, transactions, profits or losses of the business of the said Partnership, or concerning the breach or nonper- formance of all and every or any of the clauses, ai-ticles, covenants and agreements hereinbefore contained, or touching or concerning the right, the reasonableness or the propriety of dissolving this present Partnership, and the terms of such dissolution, then every such dispute, doubt or question shall be referred to the arbitration of two indifferent persons, one to be named by each party in dispute, or in case either of the parties in dispute shall refuse to join in such nomination, then both of the said arbitrators to be named by the other of the said parties ; and in case such referees can- not agree upon the award, then the dispute doubt or question shall stand referred to the umpirage or arbitration of such one person as the said two referees shall by any writing under their hands appoint, so that every such reference shall be made within forty days next after such dispute doubt or question shall arise, and the award or determination which shall be made by the said two referees or by their umpire, concerning the premises shall be final and conclusive upon the parties respectively and their respective heirs, executors and administrators, so as such referees shall make their award in writing under their han_ds, or appoint an umpire within forty days next after the reference to them, and so as such umpire shall make his determination in writing under his hand within twenty days after the time appointed for making the award of the said referees shall have expired. And it is HEREBY FURTHER AGREED that this Submission to reference shall be made a rule of Her Majesty's Court of Queen's Bench or Common Pleas at Tor- CONVEYANCER. 221 onto on the application of either of the parties to the reference, and also that no suit at law or in equity shall be commenced or prosecuted against the re- ferees or their umpire touching or concerning any of the matters so to he referred to them or him as aforesaid or concerning their or his award or determination, and that the several and respective parties to such refer- ence, shall subinit to beexamined by the said referees or their umpire upon oath to be administered or declared in such manner as the said arbitrators or Umpire shall direct for the discovery of any of the dealings or trans- actions of the said Partnership relating to the matters to be referred as aforesaid. And it is hereby eurther agreed that no suit at law or in equity shall be commenced or instituted by either of the said Partners, his heirs, executors, or administrators, against the other of them, his heirs, executors, or administrators, touching the matters in dispute before the Partner, his heirs, executors, or administrators, to be made defendant or defendants to such suit or suits, shall have refused or neglected to refer the matter or matters in difference to arbitration pursuant to the agreement hereinbefore contained, or unless the time limited for making such award or determination shall have elapsed or expired without any such award having been made. In Witness &c. PARTNERSHIP DEED. (^Shorter Form.') Articles or Agreement, made the day of in the year of our Lord one thousand eight hundred and Between V/hereas the said parties hereto respectively are desirous of entering into a Co-partnership, in the business of at for the term, and subject to the stipulations hereinafter expressed. Now therefore, these presents witness, that each of them, the said parties hereto respectively, for himself, his heirs, executors, and administrators, hereby covenants with the other of them, his executors and administrators, in manner following, that is to say : — First, — That the said parties hereto respectively shall henceforth he and continue partners together, in the said business of for the full term of to be computed from the day of one thousand eight hundred and if the said partners shall so long live, subject to the provisions hereinafter contained, for determining the said Partnership. Second, — That the said business shall be carried on under the firm of 222 THE CANADIAN Third, — That the said partners shall he entitled to the profits of the said business, in the proportions following, that is to say : — And that all losses in the said business shall be borne by them in the same proportions, (unless the sxaii shall be occasioned by the wilful neglect or default of either of the saii partners, in which case the same shall be made good by the partner through whose neglect the same shall arise.) Four H, — That the said Partners shall each be at liberty from time to time during the said Partnership, to draw out of the said business, weekly, any sum or sums, not exceeding for each the gum of per annum, such sums to be duly charged to each of them respectively, and no greater amount to be drawn by either of the said partners except by mutual consent. Fifth — That ail rents, taxes, salaries, wages, and other outgoings, and expenses incurred in respsot of the said business, shall be paid and borne out of the profits of the said business. Sixth, — That the said partners shall keep, or cause to be kept, proper and correct books of account, of all the partnership moneys received and . paid, and all business transacted on partnership account, and of all other mitters of which accounts ought to be kept, according to the usual and regular course of the said business ; which said books shall be open to the inspection of both partners, or their legal representatives. A general balance or statement of the said accounts, stock in trade, and business, and of ac- counts between the said partners, shall be made and taken on the day of in each year of the said term, and oftener, if required. Seventh, — That the said Partners shall be tiue and just to each other in all matters of the said co-partnership, and shall at all times during the continuance thereof, diligently and faithfully employ themselves respectively in the conduct and concerns of the said business, and devote their whole time exclusively thereto, and either of them shall not transact or be engaged in any other business or trade whatsoever : And the said partners, or either of them, during the continuance of the said co-partnership, shall not, either in the name of the said partnership, or individually intheir own names, draw or accept any bill or bills, promissory note or notes, or become bail, or surety, for any person or persons, or knowingly or wilfully do, commit, or permit any act, matter, or thing by which, or by means of which, the said partner- ship moneys or effects, shall be seized, attached, or taken in execution ; and in case either partner shall fail or make default in the performance of any of the agreements or articles of the said partnership, in so far as the same is or are to be observed by him, then the other partner shall represent in writing to such partner offending, in what he may be so in default ; and in case the same shall not be rectified by a time to be specified for that pur- CONVEYANCER. 223 pose by the partner so representing, the said partnership shall thereupon at onoe, or at any other time to be so specified as aforesaid, by the partner offended against, be dissolved, and determined accordingly. Eiaara, — That in case either of the said partners shall die before the ex- piration of the term of the said co-partnership, then the surviving partner shall, within six Calendar months after such decease, settle and adjust with t'.ie representative or representatives of such deceased partner, all accounts, matters, and things relating to the said co-partnership, and that the said sur- vivor shall continue to carry on thenceforth, for his sole benefit, the said co-partnership business. In witness whereof, the said parties have hereto set their hands and seals, the day and year first above written. Sl claimed, and by these presents doth remise, release, discharge, and for ever quit-claim unto the said Surrenderee, his heirs, executors, administrators, and assigns, all covenants and agreements of the said Lessor, either express or implied in the said Indenture of Demise contained, and every of them, and also, all, and all manner of actions, suits, causes of action, debts, duties, sum and sums of money, reckonings, accounts, claims, and demands, what- soever, at law or in equity, which he, the said Surrenderor, now hath, or which he, his heirs, executors, or administrators, can, shall, or may at any time or times hereafter have claim challenge or demand, upon or against the said Surrenderee, his heirs, executors, administrators, or assigns, for or by reason or on account of the same covenants and agreements, or any of them, or any breach or default already committed or made, or which shall or may hereafter be committed or made therein, or for or by reason or means of any act, matter or thing in anywise relating thereto. And the said Surrenderor doth hereby, for himself, his heirs,- executors, and adminis- trators, covenant, promise and agree, to and with the said Surrenderee, his heirs and assigns, in manner following, that is to say, — first, that at the time of sealing and delivery of these Presents, the absolute estate, interest and property, both legal and equitable, in whatever part of the said term of years remains unexpired, in the said Indenture of Demise, and also in all and singular the Covenants and agreements in the said Indenture of Demise contained, on the part of the said Lessor thereby covenanted to be paid, done, or performed, is fully and absolutely vested in him, the said Surrenderor, so as to enable him, the said Surrenderor, fully and effectually to surrender and yield up, remise, release, discharge and assign the same with other the premi- ses as in and by these presents is mentioned or intended. Seccindly, that he, the said Surrenderor, hath not at any time or times heretofore, by assign- ment, or otherwise howsoever, made, done, committed, permitted, or suffered any act, deed, aiatter or thing whatsoever, whereby or by reason or means whereof he the said Surrenderor is, or can, or may be in anywise inca- pacitated either at law or in equity from fully and effectually surrendering and yielding up, remising, releasing, discharging, and assigning the same, and all and singular other the premises, as in and by these Presents is men- 256 THE CANADIAN tioned or intended, and thirdly and lastly, that he, the said Surren- deror, his heirs, executors, and administrators, or some of them, shall and will from time to time, and at all times hereafter, save, defend, and keep harmless and indemnified, the said Surrenderee, his heirs, executors, ad- ministrators, and assigns, and every of them, and his, her, and their lands, tenements, goods, and chattels, of, from, and against all actions, suits, and other proceedings, both at law and in equity, which can, shall, or may at any time or times hereafter be brought, had, commenced, or prosecuted against him, her, them, or any of them, upon or in respect of the said Indenture of Demise, the said term of years thereby granted, or any of the covenants, provisoes, agreements, or conditions in the said Indenture of Demise con- tained, and also, of from and against, all costs, charges, damages, and expenses, which he, she, or they, shall or may bear, pay, sustain, expend; or be put unto, for or by means or on account of the same or any of them. AND THIS Indenture further witnesseth, that in consideration of the premises, and also of the sum of one dollar by the said Surrenderor to the said Surrenderee in hand paid, the receipt whereof is hereby acknowledged, he, the said Surrenderee, for himself, his heirs, executors, administrators, and assigns, hath remised, released, and for ever quit-claimed, and discharged and by these Presents doth remise, release, and forever quit-claim, and dis- charge unto the said Surrenderor, his heirs, executors, and administrators, all and singular the covenants and agreements in the said Indenture of De- mise contained, and on the part of the said Lessee therein named, his heirs, executors, administrators or assigns, to be paid, done, or performed, and also of and from all manner of actions, suits, causes of action, debts, duties, sum and sums of money, reckonings, accounts, claims and demands whatsoever, at law or in equity, which he, the said Surrenderee, now hath or which he, his heirs, executors, 'administrators, or assigns, can, shall, or may at any time or times hereafter have, claim, challenge, or demand upon or against the said Sur renderor, his heirs, executors, or administrators, or any of them, for or by reason or on account of the same, or any or either of them, or any breach or default already committed or which shall or may hereafter be committed or made therein, or for or by reason or means of any act, matter or thing in any way relating thereto. And the said Surrenderee doth hereby, for himself, his heirs, executors, and administrators, covenant, promise, and agree to and with the said Surrenderor, his heirs, executors, and administra- tors, in manner following, that is to say, — First, that at the time of the sealing and delivery of these Presents the absolute estate, interest and property, both legal and equitable, in the immediate reversion or remainder of and in the lands, tenements, hereditaments and premises so demised as CONVETANOEK. 257 aforesaid, immediately expectant upon tte expiration or other sooner deter- mination of the said term of years therein hereby surrendered or intended so to' be, is fully and absolutely vested in him, the said Surrenderee, so as to enable him, the said Surrenderee, fully and effectually to accept and re- ceive the surrender herein and hereby made as in and by these Presents is mentioned or intended. Secondly, that he, the said Surrenderee, hath not at any time or times heretofore by assignment, or otherwise made, done, or committed, permitted, or suffered any act, deed, matter, or thing whatsoever, whereby or by reason or means whereof he is or can or may be in anywise incapacitated either at law or in equity from fully and effectually accepting and receiving such surrender, or from remising, releasing, and discharging the said covenants and agreements, or any or either of them, as in and by these Presents is mentioned or intended. And Thirdly and lastly, that he, the said Surrenderee, his heirs, executors, and administrators, or some of them, shall and will from time to time and at all times hereafter save, defend, and keep harmless and indemnified the said Surrenderor, his heirs, executors, and administrators , and every of them, and his, her, and their lands, tenements, goods, and chattels, of, from and against all actions, suits and other proceedings both at law and in equity which can, shall, or may at any time or times hereafter be brought, had, commenced, or prosecuted against him, her, them, or any of them, upon, for, or in respect of the said covenants and agreements hereby released as aforesaid, or any or either of them, or any thing in them or any or either of them contained, and also, of, from, and against all costs, charges, dama^ ges, and expenses which he, she, or they shall or may bear, pay, sustain, expend, or be put unto, for or by reason or in respect of the same, or any or either of them, or any thing in them, or any or either of them con- tained. In witness whereof, the said parties to these Presents have hereunto set their hands and affixed their seals, the day and year first above written. Signed, Sealed, and Delivered hy the Surrenderor in the presence of Signed, Sealed, and Delivered by the Surrenderee in the presence of SUKRENDER OP LEASE BY ENDORSEMENT. Know all men by these Presents that ' in the within written Inden- ture named and described in consideration of the sum of lawful money of Canada to in hand, well and truly paid by at or immediately 258 THE CANADIAN before the sealing and delivery hereof, the receipt whereof do hereby acknowledge ; Do by these Presents assign, surrender and yield up unto the said heirs, executors, administrators, or assigns, all and singular the lands, hereditaments, and premises comprised and described in the within Indenture of Lease, and thereby demised, together with all the rights, members and appurtenances to the same belonging or in anywise appertaining : and all the estate, right, Ijitle, interest, benefit of renewal, claim and demand whatsoever either at law or in equity of the said in, to, out of or upon the same premises. To the intent that by virtue of these Presents, the residue now unexpired of the term of years of and in the said hereditaments and premises created by the within Indenture of Lease, and all other estate, term and interest therein by virtue of the said Indenture, may merge in the freehold reversion and inheritance of the said premises and be thereby extinguished. And the said for heirs, executors, and administrators do hereby covenant with the said heirs, executors, administrators, and as- signs, that the said now ha in good right, full power, and lawful and absolute authority to assign, surrender and yield up the said hereditaments and premises in manner aforesaid, and according to the true intent and meaning of these Presents. In witness whereof, the said ha hereunto set hand and seal the day of in the year of our Lord one thousand eight hundred and Sii/iied, Sealed, and Delivered in presence of SURKENDER OF LEASE. (^Shorter Form.^ To all, &c., W. E., &c., sendeth, greeting. Whereas, by Indenture, &o. [recite the lease,'] Now know ye that I, the said W. E., in consideration of to me in hand paid by A. B., &o., (the receipt, &c., do hereby, for myself, my, &c., surrender and yield up, from the day of the date hereof, unto the said A. B., his, &c., the said Indenture of Lease, and all the messuage and premises aforesaid, and the term of years therein yet to come, with all my right, title, and interest thereto, and which I have or claim, or hereafter can or may have or claim, either by virtue of said Indenture, or otherwise howsoever ; and that free and clear, and freely and clearly, &c., (against encumbrances.') In witness, &c., CONVEYANCER. 259 TEUST DEED FOR EPISCOPAL CHUKCH. This Indenture made the day of in the year of our Lord one thousand eight hundred and Between of the of in the county of in the Province of Canada, and his wife of the one part, and the Right Reyerend Lord Bishop of in the said Province of Canada of the other part. Whereas the said is desirous of conveying the parcel or tract of land and premises hereinafter particularly described, to the said Lord Bishop of and to his successors, to the uses and upon the trusts herein- after declared, according to the provisions of an Act of the Parliament of the Province of Upper Canada, passed in the fifth year of the reign of Her Majesty Queen Victoria, intituled, " An Act to make provision for the management of .the Temporalities of the United Church of England and Ireland in this Province, and for other purposes therein mentioned." Now THIS Indenture witnesseth, that the said for the purpose aforesaid, hath given, granted, and conveyed, and by these Presents doth give, grant, and convey unto the said Lord Bishop of and to his successors, for ever, all and singular that certain parcel or tract of land and premises situate and being in the Town of in the County of in the said Province of Canada, containing be the same more or less, and being composed of which said parcel or tract of land is bounded and described as follows, that is to say : subject to the reservations and conditions expressed in the original grant of the said land from the Crown. Together with all and singular the appurtenances to the said parcel or tract of land belonging; To have and to hold the said parcel or tract of land and premises, with their appurtenances unto the said Lord Bishop of and his successors, for ever, to the uses and' upon the trusts following, that is to say : {Mere, insert the following or any, other Trusti that may he desired.^ Ubon trust to hold the same for ever hereafter, to and for the general uses of the United Church of England and Ireland, within that part of the Province of Canada which formerly composed the Province of Upper Canada ; to the intent and upon the trust that the rents, issues and profits thereof, may be appropriated and applied to the general uses of the said Church in such manner as the said Lord Bishop of and his succes- sors, shall from time to time _appoint. And the said doth hereby for himself, Ms heirs, executors and ad- ministrators, covenant with the said Lord Bishop of and his suc- cessors, that the said and every person rightfully claiming, or to claim, 260 THE CANADIAN any interest at law or in equity in the said premises, or any part thereof, under or in trust for him or his heirs, shall at all times hereafter, on every reasonahle request, and at the sole expense in all things of the said Lord Bishop of or his successors, mate and do, or cause to be made and done all such further acts and assurances in the law, for more fully and satisfac- torily assuring the said premises, with the appurtenances to the said Lord Bishop of and his successors, in manner aforesaid, and according to the intent of these Presents, as by him, or them, or his or their Counsel in the law, shall be lawfully and reasonably advised and required. _ And this Indenture ruRTHEa witnesseth, that the said with the approbation and consent of her said husband, in consideration of the premises, and in further consideration of the sum of of lawful money of Canada, to her by the said Lord Bishop of in hand paid, at or before the sealing and delivery of these Presents, the receipt whereof is hereby acknowledged, hath remised and released, and by these Presents doth remise and release, unto the said Lord Bishop of and his successors all DOWER and right and title to dower, which she, the said now hath or in the event of her surviving her said husband, can or may have, or claim either at Common Law or otherwise howsoever, of, in, to, or out of the lands, tenements, hereditaments, and premises hereby conveyed. In witness whereof the said parties to these Presents have hereunto set their hands and seals the day and year first above written. Signed Sealed and Delivered in the jJresence of TEUST DEED OP A CHURCH. (^Another Form.') This Indenture made the day of one thousand eight hundred and in pursuance of the Act to facilitate the conveyance of Real Prop- erty. BETWEEN of the first part, and Trustees nominated and appointed for the purposes hereinafter mentioned under and by virtue of the Act of Parliament hereinafter recited or referred to of the second part. Whereas, in and by an Act of Parliament of the Province of Upper Canada, made and passed in the ninth year of the reign of His late Majesty Bang Greorge the fourth, entituled, " An Act for the relief of the Religious Societies therein mentioned," it was amongst other things enacted that whenever any Religious Congregation or Society of Presbyterians, Luther- ans,. Calvinists, Methodists, Congregationalists, Independents, Anabaptists, Quakers, Menonists, Tunkersor Moravians, should have occasion to take a conveyanoQ of land for any of the uses therein mentioned, (being for the CONVEYANCER. 261 site of a Church, Meeting-House or Chapel,) it should be lawful for them to appoint Trustees to whom and their successors, (to he appointed in such manner as should be specified in the Deed of Conveyance of such land) the land requisite for all or any of the purposes aforesaid might be conveyed ; and such Trustees and their successors in perpetual succession by the name expressed in such Deed should be capable of taking, holding and possessing such land and of commencing and maintaining any action or actions in law or equity for the protection thereof and of the right thereto. And it was by the said Act further enacted that there should not be held in Trust for the purposes aforesaid, more than five acres of land for any one Congre- gation. And whereas a Religious Congregation or Society of having occasion for the tract or parcel of land hereinafter described, and hereby bargained and sold or intended so to be for the site of a Chapel, have, in order to avail themselves of the provisions of the said Act, appointed the said parties hereto of the second part to be Trustees, by the name of the Trustees of the Church in for the purpose of purchasing and taking a conveyance of the same lands. And whereas, the said parties of the second part as such Trustees as aforesaid have contracted and agreed with the said for the purchase of the tract or parcel of land and hereditaments hereinafter described and hereby bargained and sold or intended so to be, and the fee simple and in- heritance thereof, at or for the price or sum of Now THIS Indenture witnesseth, that for the considerations herein before expressed and in consideration of the sum of of lawful money of Canada now paid by the said parties of the second part to the said part of the first part, the receipt whereof is hereby acknowledged the said part of the first part do grant unto the said parties of the second part, their successors and assigns for ever, all and singular, that certain parcel or tract of land and premises, situate, lying, and being to have and to hold the same unto and to the use of the said parties of the second part, their successors and assigns for ever, by and under the name and designation of But nevertheless upon the special trust and confidence that the same shall be for ever hererafter held and enjoyed for the site of a Chapel for the use of the members of a Church, "maintaining a Church discipline and doctrinal principles as follows, namely And that the said parties of the second part and their successors Trustees for the time being shall at all times hereafter permit any minister or preacher (he being duly authori- sed by the said Church to perform Divine Service on their behalf,) to officiate 262 THE CANADIAN in the said Chapel according to the rules and discipline of the said Ohiareh ; and it is hereby declared to be the true intent of these Presents that the full number of the Trustees of the said Trust shall continue to be And that when any one or more of the above named Trustees, or of their succes- sors in the said Trust shall die, or cease to be a member of the said Church from any other cause whatsoever, the vacant place or places of the Trustee or Trustees so dying or ceasing to be such member, shall be filled up with a successor or successors to be nominated and appointed as follows, that is to say, to be nominated and appointed by the said Church duly called, and making such nomination according to its recorded regulations, and the person or persons so nominated and appointed Trustee or Trustees shall be the legal successor or successors of the said above named Trutees, and «hall have in perpetual succession the same capacities, powers, rights, and duties as are under or by virtue of these Presents, and by force of the said Statute given to or vested in the said parties hereto of the second part. Provided always and it is hereby declared that in case at any time or times hereafter it shall happen that by the rules and discipline of the said Church, the Congregation or Society for whose benefit the said trust is hereby created shall cease to exist as a Church, then as well the Pastor or Preacher as any Trustee or Trustees to be appointed under the pro- visions herein contained shall be appointed by a majority of the subsorit)ers to the maintenance of Divine Worship in the said Chapel. Peovij>ed puRTHEa that no perSbn or persons Shall be appointed as Pas- tor or Preacher, Pastors or Preachers, who shall not hold and preach the doctrinal and ecclesiastical principles for the benefit of which the said trust is by these Presents created. And it is hereby further declared and provided that in case at any time or times hereafter, there shall not be either a Church, or subscribers to the maintenance of Divine Worship in the said Chapel, it shall and may be law ful to and for the Trustees for the time being of the said trust, and they are hereby required to suffer Divine Worship to be performed therein by any Preacher or other person belonging to any society or Christian De- nomination whose doctrinal principles and church discipline are in unison with the Church above described. PaoviDED ALWAYS, and it is hereby further declared and agreed that if at any time or times hereafter the said Church, in and for whose benefit the said trust is hereby created, shall consider it necessary and expedient either from the ineligibility of the situation or from any other cause to sell and dispose of the said lands and premises together with the buildings and ap- purtenances thereon erected ; it shall and may be lawful to and for the said CONTETANCEB. 263 Trustees for the time being of the said trust, and they are hereby authorized empo-wered and required to make sale of the said land and premises together with the buildings and appurtenances to the same belonging for the best price that can be obtained for the same, and for that purpose by any deed or deeds, instrument or instruments in writing to be sealed with the common seal of the said Trustees, and delivered in the presence of, and to be attested by two or more credible witnesses, to revoke, determine, and make void the uses and trusts hereinbefore expressed or declared with respect to the tract or parcel of land hereby bargained and sold or intended -so to be : and by the same or any other deed or deeds, instrument or instruments in writing, so sealed and delivered, and so attested as aforesaid, to direct, limit and appoint such other uses, trusts, intents, purposes, powers, provisoes, agree- ments and declarations of and concerning the said premises as to the Trus- tees for the time being of the said hereditaments shall seem proper, and the purchaser or purchasers thereof shall reasonably require. Provided always, and it is hereby further declared that the receipt or receipts of the Trustees, for the time being, acting under or by virtue of these presents for any sum or sums of money payable to them under or by virtue of these Presents shall be a sufficient and effectual discharge or suffi- cient and effectual discharges for the same respectively, or so much thereof as in such receipt or receipts shall be expressed or ^acknowledged to be received, and that the person or persons to whom the same shall be given, his her or their heirs^ executors or administrators, shall not afterwards be answerable or accountable for the misapplication or nonapplication thereof, or obliged to see to the application thereof, or to enquire into the necessity or propriety of any sale that may be made by virtue of these Presents. Proyided also that the money to arise from any such sale shall by the said Trustees for the time being be paid into the hands of a person to be appointed to receive the same by the said Church, or by a majority of the subscribers, to the maintenance of public worship in the said premises and shall be applied in or towards the purchase of some other fit and proper site in the opinion of such Church or a majority of subscribers for a Chapel for the use of the said Church, and in the erection thereof or be otherwise appropriated as a majority of the members composing the said Church at any meeting thereof may direct and appoint. And provided also that in case the said Church shall at anytime cease to exist as a Church then the Trustees in office at the time of its so ceasing to exist shall still retain the office of Trustees as if the said Church were still in being and the said Trustees members thereof. And provided also, that it shall be competent for the said Church at 264 THE CANADIAN any meeting duly called and held according to the rules and regulations thereof, any one or more of the said Trustees for the time being to amove and remove from the said office, and another Trustee or other Trustees in his or their place and stead to appoint. And in case at any time or times hereafter there shall not be either a Church or subscribers to the maintenance of Divine Worship in the said Chapel it shall and may be lawful for the then Trustees, as often as occasion may require another or other Trustee or Trustees to appoint. And it is hereby declared that there shall be kept separate from the other records of the said Church, a book containing a record of all matters and things concerning or relating to the trusts hereby created, in which book shall be entered every act or deed of the said Church or Congregation, or of the said Trustees in or about the several matters aforesaid, which said last mentioned book shall be kept by the officer appointed to keep the other Church books, and the entries therein shall "b? prima facie evidence of the due nomination and appointment of any person or persons to be a Trustee or Trustees in the said Trust and of the removal of any Trustee or Trus- tees from office And the said party of the first part covenants with the said parties of the second part that he hath the right to convey the said land to the said parties of the second part, notwithstanding any act of the said party of the first part, (and notwithstanding any act, matter or thing whatsoever at any time heretofore done, suffered, committed or permitted by any other persoh or persons whomsoever.) And that the said parties of the second part, their successors and assigns shall have quiet possession of the said land free from all manner of incum- brances of what nature or kind soever, and whensoever, and howsoever, and in what manner soever done, suffered, permitted, or incurred ; and also freed and absolutely discharged from all and all manner of taxes, rates and assess- ments, whatsoever, either Parliamentary, Municipal, or otherwise. And that he the said party of the first part hath done no act to incumber the said land. And also that he the said party of the first part wiU exe- cute such further assurances of the said land as may be requisite. In ■witness whereof, the said parties hereto have hereunto set their hands and seals. Signed, Sealed, and Delivered in presence of CONVEYANCER. 266 TRUST DEED OF A CHURCH. (^Another Form) This Indenture, made the day of in the year of our Lord one thousand eight hundred and in pursuance of the Act to facilitate the conveyance of Real Property. Between of in the County of in the Province of Canada of the first part ; and Trustees nominated and appointed for the purposes hereinafter mentioned under and by virtue of the Acts of Provin- cial Parliament hereinafter referred to of the second part, and wife of the said party of the first part of the third part. Whereas by an Act of Provincial Parliament of the Province of Upper Canada, made and passed in the ninth year of the reign of his late Majesty King Greorge the Fourth, entitled, " An Act for the relief of the Religious Societies therein mentioned," and also by another Act of the said Parliament of the said Province of Upper Canada passed in the third year of the reign of Her present Majesty Queen Yictoria, entitled, " An Act to amend an Act passed in the ninth year of the reign of King George the Fourth, chap. 2, entitled, " An Act for the relief of the Religious Societies therein mentioned," — certain powers and privileges are conferred upon the Religious Societies therein enumerated, to enable them to appoint Trustees in perpetual succes- sion, for the purpose of holding lands for any of the uses in the said Acts mentioned. And whereas a Religious Society or Congregation of have occasion for the tracts or parcels of ground hereinafter described and hereby bargain- ed and sold or intended so to be, for the site of a Chapel and the support of public worship, and the propagation of the Christian Religion ; and have in order to avail themselves of the Provisions of the said Acts appointed the aforesaid to be Trustees by the name of " the Trustees of the Church of " for the purpose of taking this present conveyance of the said lands, and holding and possessing the same for the use of the Society before mentioned. And whereas the said as such Trustees as aforesaid have contracted with the said for the absolute purchase of the parcels of land and here- ditaments hereinafter described, and the inheritance thereof in fee simple at and for the price of dollars, and it has been agreed that this conveyance shall be executed in manner hereinafter written. Now THIS Indenture witnesseth that for and in consideration of the premises, and also of the sum of dollars of lawful money of the Province of Canada by the said parties of the second part in hand well and truly paid S 266 THE CANADIAN unto the said party of the firs^part, at or before the sealing and delivery of these Presents, the receipt whereof is hereby acknowledged, He the said party of the first part hath given, granted, bargained, sold, aliened, re- leased, enfeoifed, conveyed and confirmed, and by these presents doth give, grant, bargain, sell, alien, release, enfeoff, convey and confirm unto the said parties of the second part as Trustees as aforesaid and their successors in office, all and singular that certain parcel or tract of land and pre- mises situate, lying, and being in the containing by admeasurement and being known as But nevertheless upon the special trust that the same shall be forever hereafter held and enjoyed for the use of the mem- bers of a Church, which Church shall be exclusively composed of persons who hold and maintain the following doctrines viz. [here set out articles of belief of the Religious Society or Congregation.] And the said Trus- tees and their successors in office shall at all times hereafter permit any Minister, or Preacher (he being duly authorised by the said Church to con- duct the worship thereof,) to officiate in the Chapel or Meeting House exist- ing or which may hereafter be built on the said lot or parcel of ground before described according to the rules, regulations, and discipline of the said Church. And shall also apply the rents or profits derived from any portion of the said lot or parcel of ground, or the buildings erected thereon towards the maintenance of public worship in the said Chapel or Meeting House, according to the rules and regulations aforesaid, or towards the repair or improvement of the said property, and to no other purpose whatsoever. And it is hereby further declared that the full number of Trustees shall continue to be of whom shall be a quorum, and that when any one or more of the above named Trustees, or of their successors in office shall die or be excluded from the fellowship of said Church of which they have been Trustees, or shall be incapacitated to act in the trust, they or any of them removing out of the country, or uniting with another denomination of Christians, or shall resign, or shall be discharged from office by the said Church by a two-thirds vote of the members present at any regular Church | Meeting, then, and in that case the place or places in the said trust so vacated, shall be supplied by the said Church at any regular business meet- ing by them held, of which one week's public notice shall have been given, on an open two-thirds vote of the members present. Provided always that no person or persons shall be appointed to fill such vacancies who is not a member in good standing in said Church. And it is also declared that the Church aforesaid shall at all tiines have power to discharge from the said trust any of the said Trustees whenever it may be necessary to do so for any good and reasonable cause, of which cause CONVEYANCER. 267 or causes they shall always be competent judges ; declaring also that when it shall be deemed requisite to discharge any of the above named Trustees, or their successors in office from the said trut^ hereby created, the meeting for that purpose shall be called and the proceedings thereof conducted and the decision arrived at, by the same majority of two-thirds of the members present at said meeting as above provided for the election of a new Trustee or Trustees ; declaring further, that the discharge of an existing Trustee or existing Trustees, may be proceeded with at the same meetins; provid- ing due notice in manner before specified be given of such intention. And it is hereby further declared that a minute of such meeting shall be engrossed in the Church Book by the Church Clerk, which minute shall be sufficient evidence of such discharge or election as aforesaid. And it is hereby further provided and declared that in case at any time or times here- after, the said Church for which this trust is created shall lose its visibility and cease to exist, then the power hereby vested in such Church for the appointment of successors to the said before named Trustees, or for the removal of said Trustees from office as before provided shall become vested in the nearest Church holding the Qoctrines before particularly specified. And further declaring that during the non-existence of any such Church of as aforesaid, and during the time that the appointment of said Trustees shall be vfested in the said nearest Church, the said Trustees shall be under obligation to open the said Chapel or Meeting-house for regular or occasional service to any Minister or Missionary of the denomination holding and maintaining the sentiments in doctrine and practice before particularly specified, and who shall be in communion with a Church of the same faith and order. And also further declaring that the said powers for the removal and appointment of said Trustees shall be exercised by such nearest Church , only so long as no Church shall meet or be desirous of meeting in the Meeting House or Chapel now existing or hereafter to be erected on the ground before described. And also declaring that on the re-organization of a Church composed of parties in the position and holding and maintaining the doctrines and prac- tice before particularly specified, and desiring to occupy the Chapel or Jleeting House aforesaid, the rights, privileges and duties in connection with the trust hereby created shall ipso facto without any legal process whatever, revert and return to said re-organized Church, and be held and exercised by them in the same manner and under the same Rules as before provided for the said Church now existing. To HAVE and to hold the said tract or parcel of land, hereditaments, 200 THE CANADIAN and all and singular other the premises hereby bargained and sold or intended so to be with their and every of their rights, members and appur- tenances unto the said parties of the second part as Trustees aforesaid and their successors in office forever. And the said party of the first part covenants with the said parties of the second part, that he has the right to convey the said lands to the said parties of the second part notwithstanding any act of him the said party of the first part. And that the said parties of the second part shall have quiet possession of the said lands free from all incumbrances. And the said party of the first part covenants with the said parties of the second part that he will execute such further assurances of the said lands as may be requisite. And the said party of the first part covenants with the said parties of the second part that he has done no act to encumber the said lands. And the said party of the first part covenants with the said parties of the second part and hereby releases all his claims upon the said lands. And the said wife of the said party of the first part hereby bars her Dower in the said lands. In witness, &c. Signed, Sealed, and Delivered in presence of WILL. {In Blank.') This is the last Will and Testament of me made this » day of in the year of our Lord one thousand eight hundred and as follows ; I Give, Devise, and Bequeath all my Messuages, Lands, Tenements and Hereditaments, and all my Household Furniture, Ready Money, Securities for Money, Money secured by Life Assurance, Goods and Chat- tels, and all other my Real and Personal estate and Efieets whatsoever and wheresoever, unto heirs, executors, administrators and assigns, to and for and their own absolute use and benefit, according to the nature and quality thereof respectively; Subject only to the payment of my just debts, funeral and testamentary expenses, and the charges of proving and registering this my Will. And I appoint Exeent of this my will. And hereby revoke all other Wills. In Witness wHEREor, I have hereunto set my hand and Seal, the day and year above written. CONVEYANCER. 269 Signed, Sealed, Published, and Declared by the said as and for his last Will and Testament, in the presence of us, who both present to- gether at the same time, in his presence, at his request, and in the presence of each other, have hereunto subscribed our names as Witnesses. WILL DEVISING EEAL ESTATE TO TESTATOR'S SONS, CHAEGEABLE WITH ANNUITY TO WIFE, AND PORTIONS TO DAUGHTERS. ■- This is the last Wilt, and Testament of A. B. of yeoman. I will and desire that all my just debts, funeral and testamentary expenses be paid by my executors as soon as conveniently may be after my decease. And as to my worldly estate, wherewith it laatli pleased God to bless me, I give and dispose of the same as follows : — I give and devise to my. beloved wife E., all my household goods and furniture, plate, linen, and china, for the term of her natural life, and I give and devise to her one bed-room and one parlour of her own choice in the dwelling house wherein I now dwell, situate, and being on lot No. in the concession of also the use of the kitchen, yard, garden and outbuildings, in common witb my eldest son hereinafter named ; also I give and devise to my said wife an annuity or clear yearly sum of to be paid to her in -lieu of dower half yearly, out of my real estate, in the proportions hereinafter mentioned ; and I give and devise to my eldest son A. the homestead and farm whereupon I now reside being the lot above mentioned, to hold to him, his heirs and assigns for ever, subject nevertheless to the above mentioned devise of one bed-room and one parlour, and the use of the kttchen, yard, gai'den and outbuildings to my wife, and subject also to the payment of the yearly sum of to my wife in part of the annuity above mentioned, the same to be paid by equal half yearly payments : and I give and devise to my second son B. all that parcel of land, being lot in the concession, &c., to hold to him, his heirs and assigns for ever, subject nevertheless to the payment of the yearly sum of to my said wife in part of her said annuity, the same to be paid by equal half yearly payments; [and add similar devises in favor of other sons,'] and I give and bequeath all my stock, farming implements, farming produce and all other my personal estate not hereinbefore bequeathed unto my executors hereinafter named, in trust, to dispose thereof to the best advantage, and after paying all my just debts and executorship expenses, in trust to pay and apply the sum of annually, for the maintenance, education and support of my daughters M.,E., and F., until they shall respec- tively attain the age of twenty-one years, and upon each of them attaining 270 THE CANADIAN that age, upon trust to pay to each of them the sum of which I give and bequeath to them as a legacy, and in case my personal estate so be- queathed as last aforesaid, shall not prove sufficient to pay the charges thereon hereinbefore mentioned, then I charge whatever deficiency there may be on the real estate above mentioned and devised to my sons as afore- said, in equal shares and proportions, [or in such prtqior lions as te.Jaior may direct,'] and I give and bequeath my said household goods and furni- ture, plate, linen and china on the decease of my said wife, (or in the even t of her second mil rriaye,') as also all the rest, residue and remainder of my personal estate which may remain in the hands of my executors, after pay- ment of debts, legacies, funeral and executorship expenses, and other charges thereon as aforesaid, unto and equally between and among all my sons and daughters, share and share alike, and in case any or either of my sons shall die before me, leaving a lawful heir, my will then is, that such heir shall inherit the premises devised to such deceased son, and hold the same in fee simple, and in like manner and subject to the same liabilities and charges as such deceased son would have held the same under this my will. And my will further is, that in case the said annuity given to my wife as aforesaid, shall at any time be behind and unpaid in the parts and pro- portions aforesaid for the space of days after any such part or proportion shall become due, it shall be lawful for her to enter upon the premises chargeable with such part or proportion, and distrain for such part or pro- portion, and all costs and charges incurred by non-payment thereof. And my will further is, that my said executors shall have the like power to enter and distrain upon the aforesaid premises for the annuity bequeathed by me for the support and education of my daughters, in case the same shall be in arrear, and my personal estate prove insufficient for payment thereof as aforesaid : and my will further is, that in the event of my wife's second marriage, the annuity hereinbefore given to her, as also every other bequest and devise herein contained shall from thenceforth cease. And I nominate and appoint my trusty and worthy friends to be the executors of this my will, hereby revoking all former wills. In witness whekeof I the said A. B. have hereunto set my hand and seal the day of in the year of our Lord Signed, Setded, Published anil Di^clnred by the said testator A. B. nt and for his last will and testament ia the presence of us who at Ais request and in his presence, and in the presence of each otJu^r have subscribed our names as tuiinesses thereto. CONVEYANCER. ' 271 WILL OF A MEECHANT DISPOSING OF HIS STOCK IN ^ TRADE AND PERSONAL ESTATE, WITH PROVISION FOE HIS WIFE AND CHILDREN. And I give and bequeath all my stock in trade, moneys, debts, securities, for money, and all other my personal property and estate whatsoever and wheresoever, not hereinbefore specifically bequeathed unto [irusleet, naming them] their executors and administrators upon trust, with all con- venient speed after my decease, to make sale of such part thereof as may be convertible into money, and to collect in my said debts and to stand posses- sed of the whole in trust, after payment of all my just debts, funeral and executorship expenses, to invest the same in the names of my said trustees at interest, and to receive and pay such interest to my wife for the support of herself and our children until the youngest child shall attain the age of twenty-one, and then upon trust to pay my said wife an annuity or clear yearly sum of half yearly, and for this purpose to retain so much of the capital go invested as will be sufficient for that purpose, and upon this further trust to divide the residue of such invested capital unto and equally between all and every my children, share and share alike, to whom I give and bequeath the same accordingly, and upon the decease of my said wife mj will is, that my said trustees do divide and pay the capital remaining invested for securing my said wife's annuity unto and equally among all and every my said children ; and my will further is, that in case any of my said children shall die before his or her share or shares, under this my will shall become due and payable, leaving lawful issue, such share or shares shall belong to such issue, and in case of the death of any of my children without lawful issue before his or her share or shares shall become due and payable, then my will is, such share or shares shall go to and be equally divided among my surviving .children, including the issue of any deceased child, such issue taking the share or shares which his, her or their parent or parents would have had if living. And in case of the death of all my children without leaving lawful issue before their shares shall become due and payable, then I give and bequeath, &o. [//ere dispose of the capital as testator may think p roper ^ 272 THE CANADIAN GENERAL POEM OF A WILL DISPOSING OF REAL AND PERSONAL ESTATE, IN LEGACIES. I, T. T., of iu the county of gentleman, being in good health, [or in ill health, as the case may he\ and of sound and disposing mind and memory, do make and publish this my last Will and Test ament, hereby revoking all former wills by me at any time heretofore made. First. I hereby constitute and appoint my wife, E. T., to be sole execu- trix of this my last will, directing my said executrix to pay all my just debts and funeral expenses, and the legacies herein after given out of my estate. Second. A fter the payment of my said debts and funeral expenses, I give to each of my children the sum of dollars, to be paid to each of them as soon after my decease, but within one year as conve- niently may be done. Third. And for the payment of the legacies aforesaid, I give and devise to my said executrix all the personal estate owned by me at my decease, (except my household furniture and wearing apparel,) and so much of my real estate as will be sufficient, in addition to the said personal estate herein given, to pay the said legacies. Fourth. 1 give to my said executrix all my household furniture and wearing apparel, for her sole use. Fifth. I devise to my said executrix all the rest and. residue of my real estate, as long as she shall remain unmarried, and my widow, with remain- der thereof, on her decease or marriage, to my said children and their heirs respectively, share and share alike. In witness whereof, I hereunto set my hand and seal, and publish and declare this to be my lastwillandtestament, in the presence of the witnesses named below, this day of in the year Signed, sealed, published, and declared by the said T. T., as and for his last will and testament, in presence of us, who, in his presence and in the presence of each other, and at his request, have subscribed our names as witnesses hereto. GENERAL CLAUSES FOR WILLS. Appointment of Executor and Guardian. I appoint Executors of this my Will : And I appoint my said wife during her life, and after her decease the said and the survivors and survivor of them, guardian and guardians of the persons and estates of my children during their respective minorities. CONVETANOER. 273 Deoiae of Real Estate upon tmstsfor sale. I give, devise, limit and appoint unto the said their heirs and assigns ALL and all other the freehold messuages, lands, tenements, and here- ditaments, and real estate in possession, reversion, remainder or expectancy whereof or wherein I am or shall be, or any person or persons in trust for me is, or are, or shall be seized or interested, or over which I have or shall have a disposing power, (except such heredits as are vested in me as a trus- tee or mortgagee) with their and every of their rights, niembers and appur- tenances, TO HOLD the same unto and to the use of the said their heirs and assigns for ever upon trust, as soon as conveniently may be after my decease to make sale and absolutely dispose thereof, either altogether or in parcels, and either by public auction or private sale, or partly in one mode and partly in the other, and at such price or prices as my trustees or trus- tee for the time being shall think proper, with liberty if deemed expedient for such trustees or trustee from time to time to buy in all or any part or parts of the heredits which shall be offered for sale by public auction and upon trust to sell and absolutely dispose of the premises so bought in at any future auction or auctions, or by private sale or sales, or partly in one mode and partly in the other, and with all such powers as are hereinbefore given in regard to any original sale or sales, auction or auctions, without being liable for any loss or diminution in price in consequence thereof. And also upon trust from time to time to make, do, and execute all proper acts, contracts, deeds, and assurances for carrying such sale or sales into com- plete effect, with full power for the said trustees or trustee to consent to any variation in the terms of such contract, and to commence, prosecute, aban- don, defend or submit to arbitration any action, suit, or proceeding at Law or in Equity for compelling a specific performance of every or any such contract, or to abandon and rescind the same and release the purchaser or purchasers therefrom, and at any time or times thereafter proceed with all his or their original powers to a re-sale or re-sales of the premises as the said trustees or trustee shall think advisable, with power also to enter into special conditions and stipulations relative to title or otherwise, without being answerable for any loss or diminution in price or for any other damage which shall be produced by the exercise of all, any or either of the dis- cretionary powers given to them or him by this my Will. And I do hereby declare that the said trustees or trustee for the time being of this my Will shall stand possessed of the moneys which shall arise from the sale or sales hereinbefore directed to be made of my said freehold, hereditaments, real estate and premises, upon trust in the first place to deduct and retain all costs and expenses which they or he shall have disbursed or incurred in the perform- 274 THE CANADIAN ance of the aforesaid trusts, or in relation thereto; and subject thereto, to permit and suiFer the residue and surplus of the said moneys to fall into and be deemed to be part of the residue of my personal estate And I hereby declare that such part of my real estate as shall from time to time remain unsold and undisposed of, under ox. by virtue of the trusts hereinbefore contained, and the rents and profits arising therefrom shall be to and for all intents and purposes whatsoever considered and deemed as personal estate. Hect'i-its of Trustees to he good discharges. I declare that the purchaser or purchasers of any part of my real or personal estate, and all other persons paying to the trustees or trustee for the time being of this my Will, any trust money belonging to my estate and taking their or his receipt for the same shall be discharged fi'om all respon- sibility in respect of the application thereof. Power to postpone the Sale of Real Estate. I expressly declare that notwithstanding the trust for sale hereinbefore con- tained it shall bs lawful for the said trustees or trustee for the time being to postpone or defer the sale of any part of my said real estate, (but which real estate shall nevertheless be deemed to be of the nature or quality of personalty,) for such period as to them or him shall seem expedient, and that until such sale the income, if any, arising from the said real estate shall go and belong to the person or persons who would be entitled to the annual produce of the money arising therefrom, or of the investments of such money under the trust therein contained if such sale had actually taken place. Power to grant Leases. And I hereby empower my trustees or trustee for the time being to demise at rack rent for any term not exceeding ten years in possession any part of my freehold hereditaments, which for the time being shall remain unsold under the trusts aforesaid. Trustees may permit investinents to remain unconverted. And I declare that it shall be lawful for the trustees or trustee for the time being of this my Will at their or his discretion, and without incurring any responsibility thereby to permit so much of my residuary personal estate as shall at my decease be constituted of leasehold intsrest (whether for years absolutely or determinable on a life or lives,) or other determinable property, or be invested in or upon any stocks, funds, securities, shares in societies, companies or institutions, or other pecuniary investments whatso- ever, whether real or personal, permanent or determinable, to remain wholly CONVEYANCEK. 27& or in part so invested, and to permit so much of my residuary personal estate as shall not be so constituted or invested or any part thereof to remain unconverted. I-'uwer to change tiecurities. I empower the said trustees or trustee for the time being at any time, or from time to time, to sell and dispose of any stocks, funds or securities, whereon any of my trust moneys for the time being shall or may happen to be invested, and to invest the money to arise from such sale in any other stocks or funds, or other Government securities, or on mortgage of freehold estates, and to vary and transfer the same as occasion shall require or as shall be thought fit. Yearly produce to he deemed the income. I declare that the actual yearly prcdvice of my residuary estate whether consisting of investments to be made by the said trustees or trustee for the time being as aforesaid, or of investments of whatever nature to be continued by them or him as aforesaid shall be deemed the income of such residuary estate for the purposes of my Will. Devise of Trust and Mortgaged Estates. I give all real and personal estate vested in me as trustee or mortgagee unto my said trustees upon such trusts and subject to such equities as shall be subsisting therein respectively. Trustees' powers in tviiiding up the affairs. I direct that the said trustees or trustee for the time being shall have power at their or his discretion to settle my accounts and wind up my affairs and in so doing to make such arrangement relative to debts or demands due or claimed to be due to or from my estate, as they or he shall judge expedi- ent, with liberty to accept compositions or securities from, and grant indulgences to debtors, and wholly to release property mortgaged or pledged on part payment of the money secured, and to admit the claims of creditors on evidence not strictly legal, and to pay demands which have become barred by any statutory or other limitation, and also to submit questions and accounts to arbitration. Wife's Dowel. I declare that the provision hereby made for my said Wife shall be ac- cepted by her in full satisfaction of her claim to dower out of any real estate of which I have been or now am or shall be seized. Power to appoint New Trustees. I declare that if my said trustees or either of them, or any person or persons to be appointed under this clause shall die, or be or become unwill- ing or incompetent to act in the execution of the trusts of my Will, it shall 276 THE CANADIAN CONTETANCEE. be lawful for my said wife during her widowhood and after her death or marriage for the competent trustees or trustee for the time being, (if any) whether retiring from the office of trustee or not, or (if none) for the execu- tors or administrators of the last surviving trustee to substitute and appoint by any writing under her, his, or their hand or hands, any fit person or persons in whom aluue, or as the case may be jointly with the surviving or continuing trustee, my trust estate shall be vested. And the trustee or trustees for the time being of my Will shall be competent to exercise the trusts, powers, and discretions given to the trustees herein named, and on every such appointment the necessary assurances shall be executed for vest^ ing my trust estate in the new and old trustees, or in the new trustees solely as the case may be. Trustees' disbursements to be paid. And I direct that my trustees may deduct and mutually allow eacb to the other all his disbursements and expenses incident to the e*eoution of my Will., Indemnity Clause. And shall be responsible each for his own acts and defaults only, and irresponsible for losses occuring without his wilful neglect or default, and shall be indemnified with or out of my trust property against all liabilities consequent on the execution of my Will. Former Wills revok'ed. Lastly, I revoke all former Wills and Codicils, hereby declaring this only to be and contain my last Will and Testament. CEKTIFICATE OF ACKNOWLEDGMENT BY A MARRIED WOMAN. Do hereby certify that on this day of one thousand eight hundred and at the within Deed was duly executed in the presence of by wife of one of the grantors therein named, and that the said at the said time and place being examined by apart from her husband did appear to give her consent to depart with her estate in the lands men- tioned in the said Deed freely and voluntarily and without coercion or fear of coercion on the part of her husband, or of any other person or persons whatsoever. LIST OF LAW FORMS FOE SALE BT , Slorkns, jEto ^Mowr, ONTARIO HALL, CHUKOH STREET, TORONTO, CONVEYANCINQ. Affidavits of Execution of Deed and Me- morial, Agreements for sale of Land, Apprenticeship Indentures, Arbitration Deeds, " Bonds, Assignments, " of Judgment, " of Lease, " of Mortgage, " for benefit of Creditors, Bills of Sale, Bonds, Blank, " for payment of Money, " to convey Land, " for payment of purchase money, " of Indemnity, Chattel Mortgages, " Promissory Notes, " Future advances. Deeds with and without Dower, " absolute Covenants, " qualified Covenants, " for two or more Grantors, " short form under Statute, Distress Warrants, " Bailiff's Inventory, Notices, &c. Leases of House, " of Land and Farm, A;c, " short form under Statute, " with power of renewal, &c. Licence to use Invention, Mortgages with and without Dower, " witH power of Safe, " with Insurance Clause, ' ' with power of Sale and Insur- ance Clause, " short form under Statute, " of Lease, Notices of Protest, " to Quit, Partnership Deeds, Powers of Attorney, Blank " " General Form, Protests Marine, " Notarial, Quit Claim Deeds with and without Dower, Releases General of all Demands, " of Mortgage, " of part of Mortgaged Premises, Wills, QUEEN'S BENCH AND COMMON PLEAS. Affidavits of Disbursements, " of Justification of Bail, " of Mileage, " of Non-appearance, •' of SerTice, " of Service of Summons, Appearance Forms, Attachments Writ of (absconding debtor) Bail Bonds to limits, Bail Pieces to limits, " Special to Action, Capias Writ of, before Action, " after Action, Certificates o*' Judgment, " of Discharge of Judgment, Certiorari Writs of. Chamber Summons, Cognovits, " Affidavits on filing ditto " in Ejectment, Collection Letters, Costs, Bill of, on default, " on verdict, '' Defendants, Declarations Common Counts, " Promissory Notes, Ejectment Summons, Pi Pa Assumpsits, " Lands, Interpleader Summons, " Orders, Judgment Rolls , (on default,) New Trial, Rule Nisi for. New Trial, Order to enlarge Rule Nisi. " Rule absolute for. Nisi prius Submi!ssions, (Orders of refer- ence.) Notices to Admit, " of Bail, " of Examination, " to Plead, ■' to Produce, " to Reply, " of Trial (or Assessment,) " of Taxation, " of Writ, alien out of Jurisdiction. Order to examine Judgment Debtor, " for Weekly Allowance, Prcecipe for Pi Pa, " for Summons,, Replevin, Writs of, " Bonds, Revivor, Writs of. Satisfaction Pieces, Subpoenas Civil, " " Duces Tecum, " Criminal Grand Jury, " " before Court, Summons Writ of Special Endorsement, " " without " " " British Subject out of Jurisdiction, " " against Garnishee to shew cause, " " to examine Judgment Debtor. CHANCERY. Affidavits of Service of Bill. " " of Decree or OrSer. " on production of Documents. " of Disbursements, Appeal Bonds, " Affidavits of Execution of, Appointments, Judges, " to settle and pass. Back Sheets to Bills. ' to Answers Certificates Ids pendens, Decrees Foreclosure, " Sale, Foreclosure Suit Notices, viz ; " to incumbrancers. " lo proceed with enquiries. iDjunctions. Notices of Examination, " filing Answer, " " Replication. " Hearing. " Motion for Decree. " " to dismiss Bill. " Passing Decree. Orders to serve Bill out of Jurisdietion, " to amend Bill, " to take BiU^ro confesso, " to produce Documents, " " (4 day order) " to appoint Guardian ad litem. " for security for Costs, Subpoenas ad test, Warrants COUNTY COURT. Attachmeuts Writ of (absconding debtor) Appearance Forms, Capias, Writ of, before action, " after " Costs, Bill of, on default, " on verdict, " Defendants. Declarations, (Common Counts, i " (Promissory Notes,) Fi Fa Assumpsils, " Lands, Notices of Writ, alien out of U. C. Order to examine Judgment Debtor, Orders for Weekly Allowance, Replevin Writ of Revivor Writ of, SubpcEnas, Summons Writ of, Special Endorsement, " without " " British subject out of Upper Canada, " Against Garnishee to shew cause. To examine Judgment Debtor, Ven ex Assumpsits, MAGISTRATE'S BLANKS Informations, Notice of Recognizance, Recognizance to appear, " to keep the peace. Search Warrants, Summons to Defen>-an;, Summons to Witness, Warrant to arrest Defendant, " of Commitment, " '■ under Remand, " " where Summons disobeyed, SURROGATE BLANKS- Administrations, " with Will annexed. Administration Bonds. " with Will annexed. Administrators Oaths, " with Will annexed. Affidavits of Search for Will. " Execution of Will. " of death, place of abode, &:c. Affidavits of value of property, &c. Applications for Probate. " Administration. Election of Guardians, Executors Oaths. Notices of application for Probate. " " Administration Probates. Recognizances. Summons to Jury. CORONER'S BLANKS: I Summons to Witness. Warrants. 'SJM.di,