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PRIDE AUX'S 
 
 PRECEDENTS 
 
 IN 
 
 CONVEYANCING; 
 
 WITH 
 ON ITS 
 
 LAW AND PRACTICE. 
 
 NINTH EDITION. 
 
 FREDERICK JRIDEAUX, 
 
 LATE PROFESSOR OF THE LAW OF REAL AND PErSBRAL PROPERTY TO THE INKS OF COURT. 
 
 AND 
 
 JOHN WHITCOMBE, 
 
 BOTH OF Lincoln's inn, gbqrs., barhisters-at-law, 
 
 VOL. I. 
 
 LONDON: 4 . 
 
 STEVENS & SONS, 119, CHANCERY LANE, 
 
 1879. 
 
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BnV7ff 
 
 LONDOK : 
 EKADBUEY, AQNEW, & CO., PBINTEKS, WHITEPBIAES. 
 
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.PEEFACE 
 
 TO THE NINTH EDITION. 
 
 In this Edition, as in former ones, the work has 
 been carefully revised throughout, additions have 
 been made, and the cases and statutes are brought 
 down to the date of publication. 
 
 It has been found necessary to rewi'ite the Disser- 
 tation on and to reconstruct the Precedents of Bills 
 of Sale, as the Bills of Sale Act, 1878, has made 
 important alterations in the law on this subject. 
 
 Dec, 1878. 
 
 F. P. 
 
 J. W. 
 
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»1 
 
 Cornell University 
 Library 
 
 The original of tiiis book is in 
 the Cornell University Library. 
 
 There are no known copyright restrictions in 
 the United States on the use of the text. 
 
 http://www.archiY^^g^g/,^^J^ifefeu31924021758754 
 
EEEATA AND ADDENDA. 
 
 Page 5, note {le). For " 293," read " 223." 
 
 Page 11, note (x). For " 528," read " 524." 
 
 Page 14, note (n). For "3 Ch. 6," read "3 Ch. 61." 
 
 Page 15, note («). For " Tewart v. Tewart," read " Tewart v. Lawson." 
 
 Page 23, hote (r). For " 2 Eq.," read " 2 Exch." 
 
 Page 35, after " Bos v. Helsham, L. R. 2 Exch. 72," in note (/), add " But 
 see Manson v. Thacker, 7 Ch. D. 620." It is submitted that this 
 latter case was rightly decided. See also Besley v. Besley, 9 Ch. 
 D. 103. 
 
 Pages 2, 33, 792. As to the construction of section 2 (rule 2) of the Vendor 
 and Purchaser Act, 1874, see Bolton v. London School Board, 7 
 Ch. D. 766, which decided that a recital in a conveyance only 24 
 years old to the effect that the vendor was seised in fee simple 
 precluded the purchaser from requiring the vendor to carry the 
 title further back. It is submitted that this decision is wrong. 
 
 Page 37, note (e). For " 2 Q. B. D.," read " 1 Q. B. D." 
 
 „ note (i). After " 5 C. D. 648," add " aifirmed on appeal as to this 
 point by the House of Lords. 3 App. Cas. 1124." 
 
 Page 74, line 6 from top. For " vendor," read " purchaser;" and in note {€), 
 for « C. P. D." read " 1 C. P. D." 
 
 Page 75, note (s). Add " Eishton v. Whatmore, 8 Ch. D. 467." 
 
 Page 77, note (I). For " Bonnewell v. Jenkiiis, W. N. 1878, p. 18," read 
 "Bonnewell v. Jenkins, 8 Ch. D. 70." 
 „ line 15 from bottom, after the word " stipulation," add " An offer 
 to sell which is accepted by letter, subject to the title being approved 
 by purchaser's solicitor, is not a binding contract. Hendon v. 
 Buck, 7 Ch. D. 683 ; Hnssey v. Home-Payne, 8 Ch. D. 670." 
 
 Page 78, note (3). For « 1 D & J. 33," read " 1 D. & J. 34." 
 
 Page 93, After clause 2 in No. V. take in clause 3 in No. IV., p. 91. 
 
 Page 98, note (a). For " 28 Beav. 197," read " 28 Beav. 194." 
 
 Page 139, note (e). For "108," read " 608." 
 
 Page 159, note (n). Add " Anglo-Italian Bank v. Davies, 9 Ch. D. 275." 
 
 Page 176, note (i). For "Whitbread v. Jenny, 8 East, 522," read "Whit- 
 bread V. Jenny, 5 East, 522." 
 
 Page 188, note (/). For " 2 De G. & S. 351," read "2 De G. & S. 321." 
 
 Page 198, note (x). Add " Renals v. CowUshaw, 9 Ch. D. 125." 
 
 Page 200. For paragraph beginning " If property is purchased," read " If 
 property is purchased for partnership purposes, it is usual to take 
 the conveyance directly to the partners, as joint-tenants, to be held 
 by them as part of the capital of the partnership." 
 
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VL ERRATA AND ADDENDA. 
 
 Page 201, line 8 from bottom. For " or grandchild," read " or grandchild, 
 
 where the father is dead." 
 Page 204, Line 5 from bottom, for "at the expense of the vendor to a 
 covenant for their production," read "to a deed of covenant for 
 their future production to be prepared." V. & P. Act, section 2. 
 Page 205, note {n). For " 386," read " 388." 
 Page 220, line 13 from top. For "attomies," read " solicitors." 
 Page 304, line 7 from t)ottom, for " attomies,'' read "soKoitors." 
 Page 315. After " In re Lavies," add « see 10 Ch. D. 100." 
 Page 413, No. CVIII. must be registered under Bills of Sale Act, 1878. 
 Page 445, line 2 from bottom, for " attornies," read " solicitors." 
 Page 448, Hue 24 from top, for " attomies," read "solicitors." 
 Page 470, note (r). For " 24 Beav. 180," read "24 Beav. 186." 
 Page 471. Bemedy of equitable mortgagee by deposit of deeds with or with- 
 out meiborandum is foreclosure, not sale. Pryoe v. Bury, L. R. 
 16 Eq. 153, n. ; James v. James, L. R. 16 Eq. 153; Backhouse 
 V. Charlton, 8 Ch. D. 444." 
 Page 473, note (k). For " 5 Hare, 528," read " 5 Hare, 598." 
 Page 482, note (x). For « 2 P. W. 63," read "2 P. W. 664." 
 Page 482, note (y). For " 7 De G. M. & G." read " 8 De G. M. & G." 
 Page 484, note (l). Add " Newmarch v. Storr, 9 Ch. D. 12." 
 Page 484, line 5 from bottom, omit sentence commencing "If then," ending 
 with " purpose," p. 485 ; and substitute the following, " By 41 
 Vict. c. 34, it is provided that 17 & 18 Vict. c. 113, and 30 & 31 
 Vict. c. 69, shall, as to any testator or intestate dying after 31 Dec, 
 1877,' extend to a testator or intestate dying seised or possessed 
 of land of any tenn/re." 
 Page 486, note {t). For « 26 Beav." read " 23 Beav." 
 Page 489, note (J). For " 10 Eq. 557," read " 18 Eq. 556." 
 Page 492, note Qc). For " 2 Giff. 253," read " 2 Giff. 353." 
 Page 495, note (&). For " 1 Drew. 173," read " 1 Drew. 193." 
 Page 495, note (x). Add "Spencer v. Clarke, 9 Ch. D. 137." 
 Page 502, Line 3 from top, add " a policy of assurance is a 'thing in action' 
 within section 15 of Bankruptcy Act, 1869. Ex parte Ibbetson, 
 8 Ch. D. 519." 
 Page 735, note (r). Add " Ex parte Brown, 9 Ch. D. 389." 
 Page 737, Line 13 from bottom. For " 1874 " read " 1854." 
 Page 737, line 14 from bottom, add as a further note on sec. 6 of the Bills 
 of Sale Act, 1878, " It is conceived that the proviso at the end of 
 section 6 does not apply where a mortgagor in possession attorns 
 tenant to the mortgagee by the deed itself. Such an attornment 
 cannot be considered as a demise by a mortgagee ' heing in posses- 
 sion,' and the words ' being in possession ' cannot be struck out 
 of the clause, merely because they seem to render it inapplicable to 
 any case that is likely to occur." 
 Page 742, See "Ex parte Hall, W. N. 1878, p. 182." 
 
 Page 793. As to construction of section 48 of Land Transfer Act, 1875 
 see " Morgan v. Swansea Urban Sanitary Authority, 9 Ch. D. 
 582." 
 
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TABLE OF CONTENTS OF DISSEETATIONS. 
 
 1.— Conditions of Sale, jd. 1. 
 
 Particulars and conditions, 1. Division of the subject of conditions, 1. 
 I. Conditions relating to title and evidence of title, 1. The obligations of a 
 vendor as to proving his title in the absence of stipulation, 1. Pur- 
 chaser's rights in respect of the vendor's title usually restricted by con- 
 ditions, 2. As to the commencement of the title, 2. Condition precluding 
 purchaser from calling for or investigating earlier title, 2. Such a con- 
 dition cannot be relied on if inserted to conceal a serious defect, 3. 
 Condition to be inserted where vendor has defective title, 3. Condi- 
 tion that purchaser shall accept such title as the vendor has, 4. Old 
 rule as to the production of the lessor's title, 5. New rule as to 
 lessor's title, 5. Renewable leaseholds, 5. An underlease should be 
 sold as such, 6. Purchaser of an underlease has constructive notice of 
 usual covenants in original lease, 7. Property held on lives, 7. Title 
 to tithes, 7. Enfranchised copyholds, 7. Allotments, 7. Exchanges, 8. 
 When property liable to charges which cannot be paid off, 8. Vendor 
 bound to produce deeds for examinations with abstract, 8. Expense of 
 journeys, 9. Obligation of vendor as to deeds on the completion of the 
 purchase, 9. Condition as to expenses of producing deeds, attested 
 copies, &c., 9. Condition as to covenants for production, 9. Custody of 
 deeds, 10. As to identity, 10. Effect of condition for making objections 
 within a given time, 11. When the abstract is perfect, 11. Kecovery of 
 deposit, &c., 12. Conditions enabling the vendor to rescind in ca.se of 
 objections made, 12. II. Conditions relating to the completion of the 
 purchase, 14. Day for completing the purchase, 14. When time is of 
 the essence of the contract, 14. As to interest on purchase-money, 14. 
 Usual condition as to payment of interest, 15. As to title deeds, 16. 
 III. Conditions relating to misdescriptions in the particulars and to com- 
 pensation in respect thereof, 16. What the particulars should state, 16. 
 Bules of law and equity as to misdescription, 16. Effect of usual 
 condition as to misdescription, 17. Division of the subject, 17. 1. What 
 is such a misdescription as mil entitle a pwcchaser at least to compensa- 
 tion, 17. Ordinary condition only applies to errors which would other- 
 wise vitiate the contract, 17. Error as to quantity, 18. If purchaser 
 is not deceived he cannot claim compensation, 18. Effect of expressions 
 "or thereabouts," "more or less," "by estimation," 18. Proper test 
 to apply to qualifying expressions, 20. Vendor bound to disclose latent 
 defects, 21. As to patent defects, 21. Purchaser not entitled to com- 
 pensation where description though correct misleads him, there being 
 no fraud on vendor's part, 21. Indefinite representations as to matters 
 of opinion do not entitle purchaser to compensation, seats — where th 
 
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VIU CONTENTS OF DISSERTATIONS. 
 
 representation is as to a matter of fact, 21. . Instances of cases in which 
 purchaser has been held entitled to compensation, 22. Purchaser not 
 entitled to compensation if aware of the actual state of the property, 23. 
 2. Wliat is such a misdescrvption as udll entitle a pwchaser to rescind his 
 contract, 23. Extent to which equity has carried its jurisdiction of 
 obliging a purchaser to take property with compensation, 23. Instances 
 where purchaser was held entitled to rescind, 24. Result of above 
 cases, 26. 3. WTiether in any and what eases a vendor can avail himsdf of 
 a condition giving him compensation for misdescriptions, 26. IV. Con- 
 ditions relating to other matters and conditions generally, 28-. As to 
 retracting a bidding, 28. "When vendor may employ a bidder, 28. 
 30 & 31 Vict. c. 48, 28. Deposit, 28. Investment of deposit, 29. As 
 to timber, 29. What is timber, 29. As to apportionment of rent on sale 
 in lots, 29. Written or printed conditions cannot be verbally yaried, 29. 
 Where parol evidence will be received, 29. Condition as to forfeit of 
 deposit, 30. Conditions subject to which trustees may sell, 30. Vendor 
 or purchaser can obtain opinion of Judge in Chambers, 31. What 
 conditions necessary where title is registered under Land Transfer 
 Act, 31. 
 
 2. — Ageeements, p. 73. 
 
 By Statute of Frauds, agi'eements as to land to be in writing, signed by the 
 party to be charged or his agent, 73. I. What is an interest in or con- 
 cerning lands within the statute, 73. What property is within the 
 statute, 73. As to growing crops, 73. Grass, timber, fruit, 74. Tenants' 
 fixtures, 74j Agreement for lease, 74. Shares in mining and railway 
 companies, 74. Agreement where part of property is within the 
 statute, 74. II. What is necessary to constitute a binding contract 
 within the statute,-'J4. What constitutes a contract, 74. Signature of 
 agreement, 74. Authority of agent, 75. The whole agreement must 
 be in writing, 75. What is a sufficient signing, 75. Sales by auction 
 within statute, 76. When letters constitute an agreement, 76. 'Offer 
 may be retracted before acceptance, 77. Notice by company to treat 
 with landowner constitutes relation of vendor and purchaser to what 
 extent, 77. III. The effect of part performance to talce a case out of the 
 statute, 78. Part performance takes case out of statute, 78. Deliveiy of 
 abstract, &c., not part-performance, 78. The part-performance must be 
 referred to some agreement, 79. IV. Some of the consequences of a contract 
 for sale, 79. Purchaser becomes owner from date of contract, 79. Loss 
 happening after contract falls on purchaser, 79. At what time a title 
 must be made, 80. Doubtful title not forced on a purchaser, 81. Appli- 
 cation of rule, 81. Taking possession when an acceptance of title, 82. 
 Measure of damages on breach of contract for sale, 82. Effect of bank- 
 ruptcy on unprofitable contracts, 83. Effect of death of either party after 
 contract, 83. Effect of contract on devise, 83. Stamps on agreements, 84. 
 Stamp on purchase of several lots at auction, 84. 
 
 3. —Abstracts and their Verification, p. 137. 
 
 Commencement of title, 137. As to right of purchaser to inspect ancient 
 deeds, 138. Inquiry as to existing leases, 139. What abstract should 
 state, 139. Equitable mortgages, 139. Deeds not affecting right to sell 
 
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CONTENTS OF DISSERTATIONS. IX 
 
 need not be abstracted, 139. Judgments, &c., 139. What purchaser 
 should do, 139. As to settlements made in pursuance of articles, 140. 
 Births, &c., proved by certificates, 140. On claim by descent, 140. 
 Proof of failure of issue, 140. Proof of wills, 140. Evidence of fine, 140. 
 Keoovery, 141. Execution of deeds, 141. Receipt for consideration, 141. 
 Outstanding interests, 141. As to due execution of powers, 141. En- 
 quiry as to settlements, 142. Proceedings in insolvency and bank- 
 ruptcy, 142. Identity, 142. Proof of enrolled deeds, 142. Land-tax, 142. 
 Proof of intestacy, 142. Evidence when title deeds are destroyed, 143. 
 Execution of deed by attorney, 143. Title to leaseholds, 143. As to 
 renewable leaseholds, 143. Evidence of payment of rent, &c., 143. As 
 to satisfied terms, 144. Copyholds, 144. As to Crown lands and rectories 
 impropriate, 144. As to advowsons, 145. As to life or reversionary 
 interests, 145. Evidence of Act, 145. As to allotment, 145. As to 
 encroachments, 146. As to life policies, 146. Custody of abstract, 146; 
 Succession duty, 146, Penalty for concealing deeds, 146. 
 
 4.— Searches foe Incumbrances, p. 147. 
 
 Provision in certain cases for registration, 147. Middlesex Registry Act, 
 
 147. Yorkshire Registry Act, 147. Vendor and Purchaser Act, 1874, 
 
 148. What search should be made in the local registry, 148. Effect of 
 non-registration of a will within the six months, 148. To what property 
 Registry Acts do not extend, 149. Appointment must be registered, 149. 
 Assignment of legacy charged on land need not be registered, 149. 
 Equitable mortgage, 149. Purchasers with notice, 149. Registration of 
 deed not notice, 149. Land registered under Act of 1875 exempt, 150. 
 Usual searches, 150. I. Judgments, 150. Statute of Westminster, 150. 
 Statute of Frauds, 150. Statutes of the present reign, 151. 1 & 2 Vict, 
 c. 110, 151. The whole instead of a moiety of lands may be now taken 
 under an elegit, 151. Judgments an equitable charge, 151. Nature of 
 right of judgment creditor, 152. Effect of judgment against tenant in 
 tail and donee of a power, 152. As against claimants under prior volun- 
 tary settlement, 153. Judgment not a charge on ecclesiastical livings, 153. 
 Taking the person in execution, 153. Decrees, &c., to have effect of 
 judgments, 153. Registration of judgments, 153. Provisions for re- 
 registration, 154. Purchasers without notice not affected by Act, 154. 
 Effect of omission to re-register in certain cases, 155. 3 & 4 Vict. c. 82, 
 155. 18 & 19 Vict. c. 15, 155. Provisions of former Act explained, 156. 
 Judgments against mortgagees, 156. 23 & 24 Vict. c. 38, 156. No judg- 
 ment to affect lands as to purchasers, &c., unless writ of execution is 
 issued and registered, 156. Construction of Act, 157. 27 & 28 Vict, 
 c. 112, 157. No judgment to affect land until it is delivered in execu- 
 tion, 157. Construction of last-mentioned Act, 158. Priority of judgment 
 creditors as between each other, 159. Result of above enactments, 159. 
 1. Judgment prior to 23rd July, 1860, must be registered and re-registered 
 within five years, 159. 2. Registration of judgment prior to 23rd July, 
 1860, within five years sufficient without subsequent registration, 160. 
 3. Purchasers without notice not affected by statutes of Victoria, 160. 
 But such purchaser would not have a marketable title, 160. 4. Judg- 
 ments between 1860 and 1864 must be registered and re-registered within 
 five years, and execution must also be issued and registered, 160. 
 
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S CONTENTS OF DISSERTATIONS. 
 
 5. Judgment after 29th July, 1864, will not affect land untQ delivered in 
 execution, 160. 6. Equitable interests not affected by judgments sub- 
 sequent to 29th July, 1864, until execiition is registered, 161. 7. What 
 searches should be made, 161. Judgments where land is in a register 
 county, 162. Proper search when- land is in register county, 162. When 
 land is in register county and judgment is entered up since recent enact- 
 ments, 163. Effect of Judgment Acts as to creditors, 163. Priority of 
 judgment creditors depends on order of registration, 163. Doctrine of 
 notice does not apply as between judgment creditors, 164. When execu- 
 tion need not be sued out to give priority against subsequent creditor, 164. 
 How far registration necessary to preserve priority of judgments in the 
 administration of debtor's estate, 164. 23 & 24 Vict. c. 38, sees. 3 & 4, 
 164. In administration of assets, 165. Simpson v. Morley, 165. II. 
 Crown debts, 166. Crown debts upon record or by specialty cannot be 
 defeated by execution of power, 166. Accountants, 166. Provisions for 
 registration, 166. Provisions for re-registration of crown debts as to 
 purchasers, mortgagees, and creditors, 167. Effect of notice as to crown 
 debts, 167. Original registration of crown debts not made necessary as 
 to creditors, 167. As to crown debts since 28 & 29 Vict. c. 104, 168. 
 III. Lis pendens, 169. Lis pendens, what it is, 169. Suit must be pend- 
 ing, 169. Purchaser only bound by rights affecting the estate itself, 169. 
 its ^cndejis must be registered, 170. IV. Annuities, 170. Annuities and 
 Trent-charges must be registerisd, 170. What searches should be made, 171. 
 As to searches in a palatine county, 171. Searches in Bankruptcy Court, 
 171. Solicitor should not omit to search, 171. Inquiry of tenants and 
 search in land registry office, 172. Inquiries as to notice on sale or mort- 
 gage of chose in action, 172. 
 
 5. — Purchase Deeds, p. 172, 
 
 Division of the subject, 172. 1. The mode of assurana of freehold estates, 172. 
 Feoffment ancient mode of conveying freeholds, 173. Lease and release, 
 173. Statutory release, 173. Grant, 173. II. The mode of assurance of 
 copyhold estates a/nd other matters relating to copyholds, 174. Mode of 
 alienating copyholds, 174. Form of admission, 174. Surrender may be 
 made in court or out of court, 174. Purchase of copyholds by corpora- 
 tion, 174. Owner of legal estate real tenant, 175. Admission of joint 
 tenants, &c., 175. Tenants in common, &c., 175. Admission of repre- 
 sentatives of tenants in common, &c., 175. Admission of tenant for life 
 generally admission of remainderman, 175. Executory devise, 176. Sur- 
 render by remainderman or reversioner, 177. Reversioner's estate, 177. 
 Heir must be admitted or lord may seize, 177. Admission on appoint- 
 ment of new trustees, 177. Release from trustees, 177. Statute of uses 
 178. Statute de donis, 178. Equitable interests, 178. Leases of copy- 
 holds, 178. Forfeiture by waste, &c., 178. Free bench, 178. No free 
 bench out of a trust, 179. Testamentary directions to sell and scheme 
 for saving double fine, 179. Surrenderee before admittance, 179. Enfran- 
 chisement of copyholds, 179. Enfranchisement of copyholds under Acts 
 180. Voluntary enfranchisements, 180. Compulsory enfranchisement 
 180. Expenses of enfranchisement, 181. Customary freeholds, 181. 
 III. The disabilities of certain persons in regard to the sale and purchase 
 
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CONTENTS OP DISSERTATIONS. XI 
 
 of land, 182. Married women, 182. 3 & 4 Wm. IV. c. 74, 182. Power 
 of disposition over lands, 182. Aet for enabling wives to dispose of 
 reversionary interests in personalty, 183. Acknowledgments how to be 
 made, 183. Title when complete, 184. Orders of Hilary Term, 184. 
 Affidavit verifying certificate, 185. As to copyholds of a married woman, 
 185. Powers, 186. Chattels real of a married woman, 186. Separate 
 use, 186. Effect of appointment by married woman, 187. Married 
 Women's Property Act, 187. Purchase by a married woman voidable, 
 188. Infants, 188. Lunatics, 188. Trustees, &c., 189. Solicitors, 189. 
 As to gifts to solicitors, 190. Aliens, 190. Capacity of an alien as to 
 property, 190. National status of married women and infant children, 
 191. Traitors and felons, 191. Forfeiture, &c., abolished, 192. Con- 
 vict's property to vest in administrator on his appointment, 192. Power 
 of administrator, 193. Property to be preserved for convict and to revert 
 to him or his representatives on completion of sentence, pardon, or death, 
 193. Corporations, 193. Charities, 193. IV. The form and ordinary 
 parts of a deed of conveyance, the covenants to be entered into therein, and 
 some other matters relating to the conveyance, 194. Ordinary parts of a 
 deed of conveyance, 194. Eecitals, 194. When there are incumbrances 
 to be discharged, 195. Form of covenants for title, 195. Covenants 
 entered into by trustees, 195. Operation of covenants for title, 195. 
 Covenants on sale by trustees, 195, Covenants by tenant for life, 196. 
 Covenants by husband on sale of wife's estate, 196. Covenants for 
 further assurance, 196. Covenants for title, 197. When land is sold 
 subject to restrictions, 197. Restrictive covenants by purchaser, 197. 
 When covenants do and do not run with the land, 198. When pur- 
 chaser must covenant with vendor, 199. When purchaser must covenant 
 for production of deeds, 199. Conveyance to joint tenants, 200. Effect 
 where purchasers advance the purchase money in different proportions, 
 200. Conveyance for partnership purposes, 200. Purchase by partners, 
 
 200. Purchase in the name of a third person, 200. Exception to rule, 
 
 201. Purchase in the name of purchaser and a third person, 201. Satis- 
 fied terms, 202. Act for dispensing with their assignment, 202. Pur- 
 chaser should ascertain that term is satisfied, 202. When incumbrances 
 should be kept on foot, 203. Execution of conveyance and receipt for 
 purchase money, 203. V. Tlie arrangements to be made on a purchase in 
 relation to the custody of the title deeds, attested copies, &c., 204. Title 
 deeds relating solely to the property sold to be delivered to the pur- 
 chaser, 204. Rule where deeds relate to other property also, 204. 
 Vendor's obligation as to deeds, &c., when: not deUvered to purchaser, 
 204. One joint tenant, &c., to produce deeds to others, 205. Where 
 purchaser has notice that he is not to have deeds, 205. Production of 
 deeds by mortgagee, 205. VI. By whom the expenses of and incidental to 
 the conveyances are to he borne, 205. Costs of conveyance, 205. Costs of 
 surrender of and admission to copyholds, 205. Expense of getting in 
 incumbrances, 206. VII. Stamps upon conveyances, 207. Stamps on 
 conveyances, 207. Interpretation of term, 207. How ad valorem duty 
 to be calculated in respect of stock and securities, 207. How considera- 
 tion consisting of periodical payments to be charged, 208. How convey- 
 ance in consideration of a debt or subject to future payment, &c., to be 
 charged, 208. Direction as to duty in certain cases, 208. As to the sale 
 of an annuity or right not before in existence, 209. Where several 
 
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XU CONTENTS OF DISSERTATIONS. 
 
 instruments, the principal instrument only to be charged with ad, valorem 
 duty, 210. Principal instrument how to be ascertained, 210. Separate 
 deeds of covenant, 210. Duplicates, 211. Unstamped instruments, 211. 
 Production of documents as evidence, 211. Opinion of commissioners as to 
 sufficiency of stamp, 212. What is property within meaning of Stamp Act, 
 212. CompoiTnd of purchase and mortgage, 214 15 & 16 Vict.c. 55, 214. 
 
 6. — Mortgages, p. 459. 
 
 Division of the subject, 459. I. The usual form of a mortgage of freehold, 
 copyhold and leasehold property respectively, 459. Ancient mode of mort- 
 gaging freeholds, 459. Present form of mortgage, 460. Ordinary parts 
 of a mortgage, 460, Form of mortgage of copyholds, 460. Form of 
 mortgage of leaseholds, 461. Form of proviso for redemption, 461. 
 Effect of reservation of right of redemption to different uses, 461. 
 Reservation of equity of redemption of wife's lands, 462. Mortgages 
 under powers, 462. Covenants to pay principal and interest, 462. Pro- 
 vision for reducing rate of interest on punctual payment,^ 463. Pro- 
 visions for continuing loan for a term certain, 463. Rule that a mort- 
 gagor'must give six months' notice before paying off, or pay six months' 
 interest, 463. Covenants for title are in a mortgage absolute, 464. 
 Whether on principle the covenants should not be qualified, 464. 
 Covenants to insure against fire, 464. Provision enabling mortgagee to 
 apply insurance moneys either in repayment of debt or in reinstating 
 the premises, defended, 465. Power of sale, 465. Mortgages under the 
 Land Transfer Act, 465. II. Equitable mortgage by deposit, 466. Equit- 
 able mortgage by deposit of deeds, 466. Delivery of deeds to prepare 
 a mortgage, 466. Effect of security by deposit of deeds, 466. Not 
 prudent to deposit without memorandum, 467. Eft'ect of deposit of 
 lease, 467. Deposit of land certificate under Land Transfer Act, 467. 
 III. The nature and incidents of the mortgagor's estate, and particularly 
 his right or equity of redemption, 467. Effect of non-payment of mort- 
 gage money at the appointed time, 467. Mortgagee entitled to six 
 months' notice, 467. Tacking as between mortgagor and mortgagee, 468. 
 Tacking one mortgage to another, 468. Tacking other debts, 468. 
 Persons entitled to redeem, 469. Sureties, 469. Tenant for life, 470. 
 Forfeiture of equity of redemption if mortgagor makes second mortgage 
 concealing the first, 470. Power of mortgagor in possession, 470. Mort- 
 gagor with power of leasing, 471. IV. The remedies of the mortgagee to 
 recover his debt, 471. Remedies of mortgagee, 4Vl. Foreclosure 471. 
 Sale through the Court, 472. Power of sale, 472. To whom it should 
 be given, 472. The exercise of power of sale after default, 472. Notice 
 of sale, 473. Contract to sell under power, 473. Proper form of pro- 
 vision as to notice, 473. With proper provision purchaser need make no 
 inquiry, 474. Case of oppressive exercise of power, 474. How power 
 of sale may be exercised, 475. Position of mortgagee on mortgagor's 
 bankruptcy, 475. Action on covenant, 476. Mortgagee may ^jursue all 
 his remedies simultaneously, 476. Opening the foreclosure, 476. V. The 
 powers, duties, and liabilities of a mortgagee in possession, 476. Mortgagee 
 in possession must account to mortgagor, 476. Cannot grant binding 
 
 , leases, 477. Is bound to deal with property as a prudent owner 477. 
 
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CONTENTS OF DISSERTATIONS. XIU 
 
 How rents to be applied, 477. Annual rests, 477. When mortgagee in 
 possession sells part, 478. VI. The effect of the statutes of limitation as 
 between mortgagor and mortgagee, 478. When mortgagee's right to the 
 land will be barred, 478. Actions must be brought within twenty 
 years, 479. Joint operation of enactments, 479. Arrears of interest, 479. 
 What arrears may be recovered in action on covenant and in foreclosure 
 suit respectively, 479. Arrears of interest in redemption suit by 
 heir, 480. When mortgagor barred of his equity of redemption, 480. 
 Eight of redemption revived by subsequent acknowledgment, 481. 
 
 VII. Tlie order of liability of the mortgaged property and the general 
 estate of the mortgagor or other person liable to the debt, 481. Until recent 
 Act the personalty was the primary security as a general rule, 481. Ex- 
 ceptions to rule, 481. 17 & 18 Vict. c. 113,482. Construction of the 
 above Act, 483. Applies to equitable mortgages, 484. 30 & 31 Vict. 
 0. 69, 484. Primary liability of husband on mortgage of wife's land, 485. 
 
 VIII. Mortgages under powers including mortgages by executors, 485. Pre- 
 paration of mortgages under powers, 485. Executor may sell or mortgage 
 personalty, 486. Executor may give power of sale to mortgagee, 486. 
 
 IX. The rights and priorities of several mortgagees and incumbrances 
 amongst themselves, tlie protection' afforded to purchasers and mortgagees 
 against concealed trusts and incumbrances by the possession of the legal 
 estate, the doctrioie of tacking, notice actual and constructive, and the con- 
 sequence of laches on the part of a mortgagee, particularly in reference to 
 the title deeds, 486. Cases in which questions of priority arise, 486. Kules 
 applicable to such questions, 487. Purchaser without notice may protect 
 himself against trusts, &c., by legal estate, 487. Even in case of fraud, 
 
 487. Doctrine stated by Gilbert, 487. Some cases to which rule applies, 
 
 488. Tacking, 488. Purchaser taking legal estate from express trustee 
 with notice not protected, 489. Third mortgagee taking a conveyance 
 from first mortgagee, who has been previously paid off, not protected, 489. 
 Conveyance being a breach of trust no protection, even though grantee 
 has no notice of the trust, serrible, 489. How far protection of legal estate 
 applies to transferee of a mortgage, 490. Transferee of a mortgage can 
 be in no better position than transferor, 490. Burt v. Trueman, 490. 
 Distinction where mortgagor joins in transfer, or mortgagee sells vmder 
 power of sale, 491. Where neither party has legal estate priorities of 
 incumbrances are according to their dates, 491. But if one party has by 
 negligence conduced to a fraud he wUl be postponed, 492. First mort- 
 gagee may not tack for further advances after notice of second mortgage, 
 493. Notice actual and constructive, 493. Notice to solicitor notice to 
 client, 494. Priority may be lost by mortgagee's laches, 494. Conse- 
 quence to mortgagee of not inquiring for title deeds, 494. Hewitt v. 
 Loosemore, 495. What constitutes negligence as to deeds, 495. Colyer v. 
 Finch, 496. Indorsement of receipt before payment, 497. Consequence 
 of not giving notice on assignments of choses in action, &c., 497. Legal 
 choses in action may now be assigned at law, 497. X. Some precautions 
 to be observed by a person advancing money on mortgage, 498. Investiga- 
 tion of title and searches for incumbrances, 498. Value of security, 498. 
 Risk attending a second mortgage, 498. Precautions to be taken by a 
 person lending money on a second mortgage, 499. On mortgages of 
 personalty notice should be given to trustees, 499. Notice necessary to 
 
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XfV CONTENTS OF DISSERTATIONS, 
 
 prevent debtor from paying original creditor, 499. Notice should be a 
 formal one, — trustee not bound by information casually obtained, 500. 
 Notice by trustee in bankruptcy, whether necessary, 500. Intended 
 mortgagee should inquire of trustee as to prior incumbrances, 500. 
 Notice of assignment before bankruptcy, 501. Notice to one of several 
 trustees sufficient, 502. Effect of notice to assignor, |being himself a 
 trustee, 502. Notice should be given to all the existing trustees, 502. 
 When reversionary fund is subject to settlement, 502. Notice on sub- 
 mortgage of policy, 503. 30 & 31 Vict, c, 144, 503. Effect of notice 
 before fund has come into existence, 503. New trustees not bound to 
 inquire of old trustees whether they have received notice of incum- 
 brances, 503. XI. The provisions of the 23 <fc 24 Vict. c. 145, relating to 
 mortgages, 504. Preamble of the Act, 504. Powers conferred on mort- 
 gagees by the Act, 504. Power of sale, 504. GeneRil objection to making 
 tise of the statutory power, 505. Particular objections, 505. Power 
 cannot be exercised as soon as ordinary power, 505. Statutory power to 
 insure is incomplete, 506. Power to appoint receiver, 506. Advantage 
 thereby conferred on mortgagee, 506. Course recommended as to Act, 
 507. Eeceivership clauses, 507. Act applies to mortgages of heredita- 
 ments by deed, &c., 507. XII. Transfers and reconveyances of mortgages, 
 507. Usual form of transfer of mortgage, 507. Power of attorney to sue 
 in name of transferor no longer necessary, 507. Mortgj^or should be 
 made party to transfer to admit the amount due, 508. Form of deed 
 where transferee makes a further advance, 508. Plan to be adopted on 
 a transfer of mortgage of copyholds, 508. Mortgagor entitled to a re- 
 conveyance on payment of mortgage debt, 508. Under recent Act legal 
 personal representative may on payment of all money secured by mort- 
 gage reconvey^ 509. Act does not prevent devolution of legal estate on 
 heir, 509. Applies where mortgagee has died and money is paid to his 
 personal representatives before Act, 509. Applies to a sale under 
 power of sale if the whole debt is thereby satifled, semhle, 509. Trustee 
 Act, 1850, 510. Yesting order in case of lunatic mortgagee, 510. Where^ 
 mortgage is of copyholds warrant of satisfaction should be entered up, 
 unless mortgagee has been admitted, 510. Where mortgage is for a 
 term surrender usual, but not necessary, 510. Mortgages of registered 
 land, 510. XIII. Stamps on mortgages and deeds relating to mortgages, 
 
 510. Stamps on mortgages, 510. Stamps on transfers of mortgages, 
 
 511. Stamps on reconveyance, 511. Interpretation of term, 512. Se- 
 curity for stock how to be charged, 513. Security for future advances 
 how to be charged, 513. Proviso, 513. Security for repayment by 
 periodical payments, how to be charged, 514. As to transfers and further 
 charges, 514. As to copyholds, 514. As to mortgage with conveyance 
 of equity of redemption, 514. Exemption from stamp duty in favour 
 of benefit building societies restricted, 515. 
 
 7. — Bills op Sale, p. 727. 
 
 Division of subject, 727. I. The modes of transfer of personal chattels, 727. 
 Modes of transfer of personal chattels, 727. Parol gift of chattels void 
 727. Delivery, what is sufficient, 727. Bill of sale absolute or condi- 
 tional, 728. Contracts for sale, requisites of, under statute of frauds 728 
 Fixtures, 728. Eight to fixtures as between landlord and tenant,' 729.' 
 
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CONTENTS OF DISSERTATIONS. XV 
 
 Whether tenant may remove greenhouses, 729. Right to fixtures as 
 between heir and executor, 729. What are not fixtures, 729. II. The 
 protection afforded to creditors against secret dispositions of their debtors' 
 chattels, by the statutory provisions for registering bills of sale, 730. Posses- 
 sion of chattels carries presumption of ownership, 730. Twyne's case, 
 730. Order and disposition clause of Bankruptcy Act, 1869, 730. Clause 
 applicable to mortgages as well as to absolute sales, 731. Order and 
 disposition clause does not apply to fixtures, 731. Bills of Sales Acts, 
 1854 and 1866, 731. BiUs of sale, under Act of 1878, require registra- 
 tion within seven days, 731. What are biUs of sale and personal chattels 
 within Act, 732. Interpretation of terms, 732. Bill of sale, 732. Per- 
 sonal chattels, 732. Apparent possession, 733. Application of Act to 
 trade machinery, 733. Certain instruments giving powers of distress to 
 be subject to this Act, 734, Fixtures or growing crops not to be deemed 
 separately assigned when the land passes by the same instrument, 734. 
 Result of decisions on Act of 1854 as to fixtures, 734. Growing crops, 
 
 735. Effect of enactments as to fixtures and growing crops, 735. 
 1. As to instruments made before 1879, 735. 2. Instruments made after 
 1878 must be registered if fixtures or crops are assigned separately, 736. 
 3. Seem if assigned with a freehold or leasehold interest in land except as 
 to trade machinery, 736. 4. Instruments made after 1878, assigning trade 
 machinery must be registered, 736. As to fixtures attached to copyholds 
 
 736. Agreements for bills of sale must be registered under new Act, 737 
 Practice of inserting attornment clause in mortgages where the mortgagor 
 is occupier, not affected by sect. 6, 737. What is necessary to take the 
 chattels out of the apparent possession of grantor, 737. Cases on this 
 subject, 737. Bill of sale registered within the time allowed by the Act 
 good against execution in the meantime, 739. Repeated renewals of bUl 
 of sale, 739. Modes of registering bills of sale, 740. Renewal of regis- 
 tration, 741. Act of 1854 conferred no priority as between successive 
 holders of bills of sale, 741. Effect of seizure by execution creditor or 
 trustee in bankruptcy when the second bill of sale and not the first is 
 registered, 741. Under new Act priority depends on date of registra- 
 tion, 741. Tviyne's case no longer applicable, 742. Order and dis- 
 position clause not affected by Act of 1854, but excluded by Act of 1878 
 in reference to registered bills of sale, 742. Formalities to be observed 
 under Registration Act, 742. Occupation of assignor and attesting wit- 
 nesses must be stated in affidavit, 742. Cases of insufficiency of descrip- 
 tion, 743. Affidavit must contain the description either expressly or by 
 reference, 744. III. In what cases hamng regard to the Bills of Sale Act, 
 1878, a gift or sale of personal chattels is liable to be avoided under the 
 statute, 13 Eliz., or the trustees of a bankrupt can dispose of chattels in his 
 possession as reputed owner under the order and disposition clause of the 
 Banikrv/ptcy Act, 744. Alienation of chattels by registered bills of sale 
 protected against 13 Eliz. c. 5, 744. But Act applies to other cases, 744. 
 Actual fraud invalidates bills of sale, and voluntary bills of sale void if 
 donor insolvent, 744. Order and disposition clause does not apply when 
 bill of sale registered under new Act, 745. But remains in force in other 
 cases, 745. Does not apply to goods retained by mortgagor in the usual 
 course of trade, 745. Carriages kept by coachmaker, 745. Fanning 
 produce left on farm after sale, 746. Goods in possession of bankrupt on a 
 
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XVI CONTENTS OF DISSERTATIONS. 
 
 contract of hiring, 746. Antenuptial settlement of personal chattels sup- 
 ported against husband's bankruptcy, 746. Postnuptial settlements of per- 
 sonal chattels, 747. Sale by husband of his furniture to a purchaser who 
 settles it on the wife for her separate use, 747. In order to come within 
 the order and disposition clause the goods must be in bankrupt's posses- 
 sion with consent of true owner, 747. Property held by bankrupt in 
 trust excepted from Bankruptcy Act, 748. Order and disposition clauses 
 do not apply where possession is obtained or demanded withoiit notice 
 between act of bankruptcy and adjudication, 748. IV. Under what cir- 
 cumstances a bill of sale of personal chattels is an act of hcmlcruptcy, 748. 
 67th section of Bankruptcy Act, 1849, 748. What is an act of bankruptcy 
 under Bankruptcy Act, 1869, 749. Conveyance of alia trader's effects, to 
 secure an antecedent debt an act of bankruptcy, 749. Sale to a bond fide 
 purchaser of all a trader's effects not an act of bankruptcy nor, a mort- 
 gage to secure a present advance, 749. What is a substantial exception 
 so as to prevent operation of doctrine, 750. Sxparte Bailey, 750. Yornige 
 V. WoAid, 750. Hale v. Allrmtt, 751. Where mortgage is partly for old 
 debt and partly for new advance, 751. Bankruptcy Act, 1849, s. 88, 
 752. Bankruptcy Act, 1869, s. 61, 752. Assignment of aU trader's 
 property cannot be avoided under 13 Eliz. c. 5, in absence of fraud, 752. 
 Fraudulent preference, 753. Assignment is not a fraudulent preference 
 unless voluntarily made, 753. Johnson v. Fescmeyer, 754. Preference of 
 creditor must be sole motive to impeach transaction, 754. Bills v. Smith, 
 1b5. Assignment of all debtor's property to secure existipg debt only 
 win not be protected although made imder pressure, 755. Bantouptcy Act, 
 1869, s. 91, 755. Provision as to voluntary settlement made by traders, 
 
 756. Covenants by trader in consideration of marriage for future settle- 
 ments, 756. V. The proper mode of frammg a bill of sale by way of mort- 
 gage, including provisions for extending the security to after acquired chattels, 
 
 757. Proper form of bill of sale by way of mortgage, 757. What time 
 should be appointed by the deed for the payment of the money, 757. 
 When mortgagee should be empowered to take possession, 757, If money 
 is made payable on demand mortgagee miist allow mortgagor reasonable 
 time, 757. How to frame a bill of sale to extend to after acquired 
 chattels, 757. Rule in equity as to after acquired effects comprised in a 
 bill of sale, 758. Form of deed to comprise after acquired property, 759. 
 
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TABLE OF CONTENTS OF PRECEDENTS. 
 
 CONDITIONS OF SALE. 
 
 PACE 
 
 1. Conditions of Sale of Freehold or Copyhold Property in one lot . Zi 
 
 2. Conditions of Sale of a Leasehold House and Tenant's Fixtures in 
 
 one lot, the Fixtures to be taken at a valuation ... 37 
 
 3. Conditions of Sale of Freeholds where the Vendor has a Registered 
 
 Title under the " Land Transfer Act, 1875 " . . . . 39 
 
 4. Conditions of Sale of Leaseholds, where the Vendor has a Regis- 
 
 tered Title under the " Land Transfer Act, 1875 " . . .41 
 
 5. Conditions of Sale of Propertyin lots 41 
 
 6. Conditions of Sale of a Large Estate, comprising Freeholds, Copy- 
 
 holds, and Leaseholds, in lots, the Vendors being Trustees . 46 
 
 7. Conditions of Sale as to Reversionary Interests in Personalty, 
 
 Policies, Annuities, Life Interests, &c. 48 
 
 8. Conditions as to an Estate Sold under an Order of the Chancery 
 
 Division of the High Court of Justice " 51 
 
 9. Conditions of Sale of Standing Timber 53 
 
 10. Special Conditions as to Commencement and Evidence of Title . 56 
 
 11. Conditions as to Title-deeds, Attested Copies, &c 61 
 
 12. Conditions as to Description of Property and Identity . . 64 
 
 13. Conditions as to Tithes, Land Tax, Apportionment of Rents and 
 
 Outgoings 65 
 
 14. Conditions as to Indemnity against Charges .... 68 
 
 15. Miscellaneous Conditions 70 
 
 AGREEMENTS. 
 
 1. Agreement for the Sale of Freehold Property .... 86 
 
 2. Agreement for the Sale of Copyhold Property 89 
 
 3. Agreement for the Sale of Leasehold Property . . . . 89 
 
 4. Agreement for the Sale of Leasehold Property held by an Under- 
 
 lease and the Tenant's Fixtures 91 
 
 5. Agreement for the Sale of a Leasehold House and Shop, and the 
 
 Stock and Trade and Goodwill of the Business carried on 
 
 there ... 92 
 
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XVIU CONTENTS OP PRECEDENTS. 
 
 PACiE 
 
 6. Agreement for the Sale by Trustees of an Estate comprising Free- 
 
 holds, Copyholds, and Leaseholds 95 
 
 7. Agreement for Sale of a Life Estate in Freeholds . . .96 
 
 8. Agreement for Sale of a Reversionary Estate in Freeholds . . 97 
 
 9. Agreement for Sale by Tenant for Life and Remainderman . . 99 
 
 10. Agreement for Sale of Freeholds, which are subject to a Perpetual 
 
 yearly Rent-charge 100 
 
 11. Agreement for Sale of an Advowson 101 
 
 12. Agreement for Sale of a Next Presentation 102 
 
 13. Agreement for Sale of an Advowson or Next Presentation, and of 
 
 an Annual Sura equal to Interest on the Purchase-money until 
 
 a Vacancy 103 
 
 14. Agreement for Sale of an Advowson or Next Presentation, where 
 
 it is part of the arrangement that the Purchase-money shall 
 be invested until a vacancy, and the Income received by the 
 Purchaser 104 
 
 15. Agreement for Sale where Part of the Purchase-money is to re- 
 
 main on Mortgage of the Property for a certain period . . 105 
 
 16. Agreement for Sale to a Railway Company ; Purchase-money to 
 
 include Compensation for Severance ; Company to make Speci- 
 fied Accommodation Works 107 
 
 17. Agreement for Sale to a Railway Company ; Power to Company 
 
 to take Possession before Completion upon depositing Purchase- 
 money 110 
 
 18. A greement for Building Grant in Fee in consideration of Perpetual 
 
 Rent-charge HI 
 
 19. Agreement for the Loan of a Sum of Money on Mortgage . . 114 
 
 20. Agreement for the Loan of a Sum of Money on Mortgage, with 
 
 Provisions for Continuing the Lcfan for a time certain, and for 
 
 the Appointment of a Receiver hq 
 
 21. Agreement for Lease of Mills, with a Provision enabling intended 
 
 Lessee to purchase at a definite Sum 117 
 
 22. Agreement for a Building Lease for Ninety-nine Years . . . 119 
 
 23. Agreement for a Lease for Ninety-nine years of a Piece of Land 
 
 on which Several Dwelling-houses are agreed to be Built by the 
 Lessee. Special Provisions enabling him to have Separate 
 Leases of the several Houses and to apportion the Rent . . 122 
 
 24. Agreement for the Lease of a Dwelling-house for Three Years 125 
 
 25. Agreement to let Furnished Apartments ... 105 
 
 26. Agreement to submit to Arbitration .... igfi 
 
 27. Agreement by Two Tenants in Common for Partition . . .127 
 
 28. Building Contract . 
 
 29. Agreement to Procure Letters Patent and to .lell a Moiety of the 
 
 Invention and the Benefit thereof . 
 
 129 
 1.35 
 
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CONTENTS OF PRECEDENTS. XIX 
 
 PURCHASE DEEDS. 
 
 PAGE 
 
 1. Parcels, with General Words 214 
 
 2. Conveyance of Freeholds to Purchaser in Fee .... 218 
 
 3. Grant of Freeholds to Purchaser in Fee, -with Covenants for Title 
 
 and for production of Deeds (in paragraphs) . . . . 221 
 
 4. Conveyance of Freeholds to Purchaser in Fee, with Covenant for 
 
 production of Deeds. (A very short form.) .... 222 
 
 5. Appointment and Conveyance of Freeholds to Purchaser to Uses 
 
 to Bar Dower 223 
 
 6. Appointment and Conveyance of Freeholds to Purchaser in Fee . 227 
 
 7. Conveyance of Freeholds, subject to a Lease for Ninety-nine 
 
 Years 228 
 
 8. Conveyance of a Reversion Expectant on a Lease to the Lessee, 
 
 who purchases under an Option of Purchase given to him by 
 
 the Lease 229 
 
 9. Deed of Covenant to surrender a Copyhold Estate, with Covenants 
 
 for Title 230 
 
 ] 0. Surrender out of Court of Copyholds to a Purchaser . . .231 
 
 11. Surrender out of Court of Copyholds where the Vendor is a 
 
 Married Woman 232 
 
 12. Deed containing Covenants for Title relative to Copyhold Here- 
 
 ditaments which had been previously S)irrendered . . . 233 
 
 13. Assignment of a Leasehold Messuage to a Purchaser . . . 234 
 
 14. Assignment of Property comprised in several Leases to Purchaser 
 
 for the Residue of the several Terms 236 
 
 15. Assignment of Leaseholds by Executors 239 
 
 16. Assignment of a Portion of Leasehold Premises wliich are held 
 
 under one Lease at an Entire Bent, the Rent being apportioned 
 between the Vendor and Purchaser by Mutual Arrangement. 
 Cross Powers of Distress and Entry in case either makes De- 
 fault in the Payment and Observance of his Proportion of the 
 Rent and Covenants 241 
 
 17. Conveyance of a Leasehold Estate for Lives . . . . 245 
 
 18. Assignment of Leaseholds for the residue of a Term determinable 
 
 on Lives, and of the Benefit of a Covenant for Perpetual 
 Renewal ^'^^ 
 
 19. Grant of Freeholds and Covenant for the Surrender of Copyholds 251 
 
 20 Grant of Freeholds and Assignment of Leaseholds to Purchaser . 252 
 
 4 a 
 
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XX CONTENrS OF PRECEDENTS. 
 
 PAGE 
 
 21. Conveyance of Freeholds, Covenant to Surrender Copyholds, and 
 
 Assignment of Leaseholds, the Purchaser having married 
 before 1834 255 
 
 22. Conveyance hy a Husband and Wife of Freeholds of the Wife . 257 
 
 23. Conveyance by a Married Woman under a Power. The Husband 
 
 joins to Covenant for Title . 259 
 
 24. Conveyance of Freeholds by Vendor by the Direction of the 
 
 Purchaser to a Trustee for the Separate Use of the Purchaser's 
 Wife 260 
 
 25. Conveyance by a Mortgagor and Mortgagee in Fee, part of the 
 
 Purchase-money being paid to the Mortgagee in Satisfaction of 
 his debt. The Wife of the Mortgagor joins to Release her 
 Dower 262 
 
 26. Conveyance by the Devisee of a Mortgagor and a Mortgagee in Fee 
 
 to a Purchaser 264 
 
 27. Conveyance by a Mortgagor and Mortgagees for a Term of Years 
 
 to a Purchaser in Fee, the Mortgagees being satisfied that their 
 Remaining Security is sufficient ...... 266 
 
 28. Conveyance of Freeholds and Covenant to surrender Copyholds by 
 
 a Mortgagor and Mortgagee to a Purchaser . . . . 268 
 
 29. Assignment of Leaseholds by Mortgagor and Mortgagee by Sub- 
 
 demise, the Mortgage Debt being paid out of the Purchase- 
 money 270 
 
 30. Conveyance by a Mortgagee under a Power of Sale . . . . 272 
 
 31. Conveyance by the Executor and Heir of Deceased Transferee of 
 
 a Mortgage under a Power of Sale in a Mortgage . . . 274 
 
 32. Conveyance of an Estate, subject to a Mortgage Debt, which the 
 
 Purchaser undertakes to Pay Off 275 
 
 33. Conveyance of the Equity of Redemption in Freeholds to a Mort- 
 
 gagee as Purchaser 277 
 
 34. Conveyance by a Vendor and his Mortgagee to a Trustee for the 
 
 Purchaser, the Mortgage Debt being kept on Foot as a Pro- 
 tection against Mesne Incumbrances 278 
 
 35. Conveyance of Freeholds by Two Tenants in Common , . 280 
 
 36. Conveyance of Freeholds by Three Tenants in Common (Two of 
 
 them being Married Women) 281 
 
 37. Conveyance of Freeholds by several Tenants in Common, the 
 
 Share of One having been assured upon Trust for Sale, and 
 being now conveyed pursuant to this Trust .... 283 
 
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CONTENTS OF PRECEDENTS. XXI 
 
 PAGE 
 
 38. Conveyance by Tenants in Common. Covenants by the Father 
 
 of one of the Vendors, who is an Infant, that he shall join on 
 his attaining Twenty-one, and Declaration of Trust as to his 
 Share in the Purchase-money 286 
 
 39. Grant of Undivided Moiety in Freeholds by one Tenant in Com- 
 
 mon to his Co-tenant 288 
 
 40. Conveyance of Freeholds by Joint-Tenants 289 
 
 41. Assignment by the Owners of Two Third Parts of Moneys to 
 
 arise from Sale of Freehold Hereditaments which are impressed 
 with a Trust for Sale after the Death of the Tenant for Life, 
 the Owner of the remaining Third Part being the Purchaser, 
 and electing to take the Entirety as Real Estate . . .291 
 
 42. Conveyance by Surviving Coparcener and her Mortgagee and the 
 
 Devisees in Common of a Deceased Coparcener to a Purchaser 293 
 
 43. Conveyance of Freeholds to Tenants in Common who advanced 
 
 the Purchase-money in equal Shares, both having Married 
 before 1834 . . . . r 295 
 
 44. Conveyance of Freeholds to Purchaser under a Power of Attorney 
 
 executed by the vendor, who is abroad 296 
 
 4.3. Conveyance of Freeholds to Two Partners where the Purchase is 
 
 made out of the Partnership Assets 298 
 
 46. Conveyance of Freeholds and Bargain and Sale of Copyholds by 
 
 Trustees for Sale under a Will 299 
 
 47. Conveyance of Freeholds by Trustees under a Testamentary Trust 
 
 for Sale. The Cestuis que Trust join to Covenant for Title . 301 
 
 48. Conveyance under a Testamentary Trust for Sale by new Trustees 
 
 Appointed under a Power in the Will. The Cestuis que Trust, 
 being Numerous and having Various Interests, join to Covenant 
 for Title, and Trustees Covenant for Production of deeds . 303 
 
 49. Conveyance of Freeholds by Trustees for Sale, one of the Trustees 
 
 being the Purchaser, with the consent of the persons bene- 
 ficially interested in the Sale Moneys .... 305 
 
 50. Conveyance by Trustees under a Power of Sale in a Settlement at 
 
 the Request of the Tenant for Life, and with the Consent of his 
 Mortgagee ■ ■ 307 
 
 51. Conveyance of Freeholds by the Trustee of a Bankrupt , . . 314 
 
 52. Conveyance of Freeholds by the Trustee of a Bankrupt with the 
 
 concurrence of Mortgagee in which the Bankrupt joins to Cove- 
 nant for Title, &c 316 
 
 53. Appointment of Copyholds by the Trustee of a Bankrupt . . 318 
 
 54. Assignment of Leaseholds by the Trustee of a Bankrupt . .319 
 
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XX] 1 CONTENTS OF PRECEDENTS. 
 
 I'AGB 
 
 55. Conveyance by the Trustee of a Bankrupt of a Freehold Estate to 
 
 which he was entitled for an Estate tail in possession . • 320 
 
 56. Conveyance by the Trustee of a Bankrupt of a freehold Estate to 
 
 which he was entitled for an Estate tail in remainder . . 321 
 
 57. Conveyance of Freeholds of a Debtor by a Trustee appointed 
 
 under the Liquidation Provisions in the Bankruptcy Act, 
 1869 322 
 
 58. Conveyance of Freeholds by Devisees under a Will in exercise of 
 
 the Power of Sale vested in them under a charge of the Testa- 
 tor's Real Estate with payment of his Debts . . . • 323 
 
 59. Conveyance of Freeholds by Executors in exercise of the Power of 
 
 Sale vested in them under a charge of the Testator's Real 
 Estate with payment of his Debts 324 
 
 60. Conveyance of Freeholds by the Liquidators of a Joint Stock 
 
 Company, Limited 325 
 
 61. Conveyance by the Administrator of a Convict of a Freehold 
 
 Estate, to which he was entitled at the date of his Conviction . 327 
 
 62. Conveyance of a Life Estate in Freeholds . ... 328 
 
 63. Conveyance by Tenant for Life and Remainderman . . . . 329 
 
 64. Conveyance of a Remainder in Fee Simple expectant on a Life 
 
 Estate to a Purchaser, who covenants to pay the Succession 
 Duty 331 
 
 65. Conveyance by Heir and Personal Representative of Deceased 
 
 Vendor to Purchaser 333 
 
 66. Conveyance to Trustees as Purchasers under a Power contained 
 
 in a Settlement to Lay Out Trust Money in Purchase of 
 Land 334 
 
 67. Conveyance to Purchasers as Joint Tenants 335 
 
 68. Declaratioji of Trust of Lands purchased under a Power in a 
 
 Settlement of Personal Estate (by Indorsement on the last 
 Precedent but one) 335 
 
 69. Conveyances to the Uses of a Real Property Settlement where 
 
 the Purchase is made with Moneys arising from a Sale of the 
 Settled Property under a Power of Sale 336 
 
 70. Conveyance and Declaration of Trust of Freeholds, Copyholds, 
 
 and Leaseholds, purchased with Moneys arising from a Sale of 
 Settled Property 333 
 
 71. Conveyance by an Owner in Fee Simple to a Purchaser reserving 
 
 to the Vendor an Estate during his Life. Covenants by the 
 Vendor to Repair and Insure during his Life, and provisions as 
 to Timber 34j 
 
 72. Conveyance by an Owner in Fee to a Railway Company . . . 343 
 
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CONTENTS OF PRECEDENTS. XXlll 
 
 PAGE 
 
 73. Conveyance by Tenant for Life to a Railway Company . . 346 
 
 74. Conveyance by an Owner in Fee of Copyholds to a Railway 
 
 Company 348 
 
 75. Conveyance by a Railway Company of Superfluous Lands to a 
 
 Purchaser 349 
 
 76. Grant of Land for Building in consideration of a perpetual Rent- 
 
 charge. Covenants by Grantee to build thereon, and to insure 
 and keep in repair Buildings and other Covenants in connection 
 with such Buildings 350 
 
 77. Grant by Tenants in Common of Land and Tliree Dwelling- 
 
 houses which have been erected thereon by the Grantee in 
 consideration of a Perpetual Rent-charge. Covenants by the 
 Grantee to pay Rent and Taxes, insure and repair, and not to 
 carry on offensive Trades, and Covenant by Grantors to in- 
 demnify against paramount Rent 354 
 
 78. Appointment of Land for Building by Tenant for Life under a 
 
 Power in consideration of a perpetual Rent-charge . . . 357 
 
 79. Grant and Sale in Fee of several Rent-charges, each of which is 
 
 made payable out of separate Freehold Hereditaments . . 358 
 
 80. Conveyance of Freeholds, which are subject to a perpetual yearly 
 
 Rent-charge 362 
 
 81. Conveyance of a perpetual yearly rent issuing out of Freeholds . 364 
 
 82. Grant of Land by Mortgagee and Mortgagor in consideratiqn of 
 
 perpetual Rent-charge, which is limited to tife Mortgagee . . 366 
 
 83. Conveyance of One of several Dwelling-houses, subject to a Pro- 
 
 portionate Part of a Perpetual Rent-charge reserved in respect 
 
 of all the Houses by the Original Grant 367 
 
 84. Conveyance of Freehold Land, reserving the Minerals to the 
 
 Vendor, with powers for working the same 371 
 
 85. Conveyance of Mines without the Surface, the Mines to be Worked 
 
 through the Adjoining Property 374 
 
 86. Conveyance to a Sub-purchaser, the Original Purchaser joining . 375 
 
 87. Conveyance by Trustees and Executors of Freehold Property 
 
 under a Decree or Order in an Administration Suit . , 376 
 
 88. Conveyance on a Sale made under "The Settled Estates Act, 
 
 1877," (40 & 41 Vict. c. 18) 378 
 
 89. Conveyance on a Sale under the " Partition Act, 1868," where the 
 
 property has descended to two Co-heiresses, of whom one is an 
 Infant 384 
 
 90. Conveyance upon a Sale of Charity Lands, with the approval of 
 
 the Charity Commissioners 385 
 
 Digitized by Microsoft® 
 
XXIV CONTENTS OP PRECEDENTS. 
 
 PAGE 
 
 SI. Conveyance of Freeholds to a Purchaser in consideration of a 
 Gross Sum, and also of an Annuity charged on the Land, with 
 Powers of Distress and Entry 386 
 
 92. Conveyance to a Purchaser in"consideration of an Annuity, with 
 
 fuUer Powers for securing it than in the last Precedent, and 
 with Power for Purchaser to huy a Government Annuity in 
 Substitution 388 
 
 93. Conveyance of Freeholds to a Purchaser in consideration of an 
 
 Annuity payable to the Vendor and Ms Wife successively for 
 Life, and secured by the Purchaser's Bond . . . • 392 
 
 94. Deed.of Enfranchisement of Copyholds 393 
 
 95. Deed of Enfranchisement by Ecclesiastical Commissioners of 
 
 Copyholds for Lives . . - 395 
 
 96. Deed of Enfranchisement of Copyholds for Lives by the Hector of 
 
 a Parish, with the consent of the Ecclesiastical Commissioners 
 and the Patron, under 24 & 25 Vict. c. 105, where the cestuis 
 que vis are the Tenants on the Court Rolls, as Trustees for the 
 beneficial Owner 397 
 
 97. Deed of Enfranchisement of Copyholds for Lives under similar 
 
 circumstances as last Precedent (another Form) . . . . 399 
 
 98. Release of an Executory Devise to the Owner of the First Estate 400 
 
 99. Grant of the benefit of an Executory Devise to a Purchaser . . 401 
 
 100. Grant of Freeholds and Declaration of Trust of Copyholds which 
 
 had been purchased in the name of a Trustee for a Company 
 
 (by Indorsement) 402 
 
 101. Exchange of a piece of Land for a DweUing-house effected by 
 
 separate mutual conveyances 403 
 
 102. Grant of a Right of Way 405 
 
 103. Conveyance of Freeholds and a Right of Way over the Land . 407 
 
 104. Conveyance of Freeholds to a Purchaser, who Covenants not to 
 
 build or to allow any Trees or Shrubs to exceed a certain 
 Height 408 
 
 105. Conveyance of a Plot of Land part of a Building Estate. Mutual 
 
 Covenants by Vendor and Purchaser with respect to Building, 
 &c., on such Plot, and on the Plots Sold or intended to be Sold 
 to other Purchasers 409 
 
 106. Release of Rent-charge in Fee and Building and other Covenants 
 
 to the Owner in Fee of the Freeholds out of which the Rent is 
 Payable . ^ 4j-[ 
 
 Digitized by Microsoft® 
 
CONTENTS OF PRECEDENTS. XXV 
 
 PAGE 
 
 107. Surrender of a Lease to the Lessor 412 
 
 108. Assignment of Growing Crops of Com and Grass . . . . 413 
 
 109. Assignment of a Bond Debt by Endorsement on the Bond . 414 
 
 110. Assignment of a Judgment Debt 415 
 
 111. Assignment of Letters Patent .... . . 416 
 
 112. Assignment of the Goodwill and Property of a Business . . 418 
 
 113. Assignment of a Policy of Life Assurance to a Purchaser . . 420 
 
 114. Grant of an Advowson 422 
 
 115. Grant of the Next Presentation to a Rectory .... 424 
 
 116. Grant of an Advowson and an Annuity until the Benefice be- 
 
 comes Vacant 425 
 
 117. Merger of Rent-charges in Lieu of Tithes 426 
 
 118. Assignment of a Share in Residuary Personal Estate derived 
 
 under a Will 428 
 
 119. Assignment of a Life Interest in Stock 429 
 
 120. Assignment by a Married Woman of her Reversionary Interest 
 
 in Personalty, under a Will made after the 31st of December, 
 1857 431 
 
 121. Release by a Married Woman of her Equity to a Settlement in 
 
 Personalty 432 
 
 122. Assignment of Leaseholds by the Widow and Married Daughter 
 
 of an Intestate, the Daughter having Married since the 9th of 
 August, 1870. The Husband does not join . . . . 434 
 
 123. Assignment of Leasehold Premises and Fixtures for the Separate 
 
 Benefit of a Married Woman who Advances the Purchase- 
 money out of her Separate Estate 435 
 
 124. Conveyance to a Married Woman, the Purchase being made out 
 
 of the Savings from Business carried on by her Separately 
 under a Protection Order 439 
 
 125. Assignment of the Benefit of an Agreement for the Sale of Free- 
 
 holds 441 
 
 126. Conveyance by a Tenant for Life of a Piece of Land to a School 
 
 Board 443 
 
 COVENANTS FOR PEODUOTION. 
 
 1 . Deed of Covenant by Vendor for the Production of Deeds, &c. . 445 
 
 2. Deed of Covenant from One Purchaser to Another, for the Pro- 
 
 duction of Deeds, &c., which relate to both the Purchased 
 Properties 446 
 
 Digitized by Microsoft® 
 
XXVI CONTENTS OF PEECEDENTS. 
 
 PAGE 
 
 3. Deed of Covenant by Purchaser, to -whom the Deeds, &c., are 
 
 delivered, for Production to Vendor ■*■*' 
 
 4. Deed of Covenant by a Mortgagee and Mortgagor for the Produc- 
 
 tion of Deeds, &c., to a Purchaser on the Mortgagee's Release 
 
 of a portion of the Lauds comprised in the Mortgage . ■ 449 
 
 6. Deed of Covenant by Trustees for the Production of Deeds, &c. . 450 
 
 6. Deed of Covenant for the Production of Deeds, &c., by one Pur- 
 
 chaser vcith a former Purchaser of part of the Property, by way 
 of Substitution for a similar Covenant which had been entered 
 into by the Vendor 451 
 
 7. Deed of Direction and Appointment to produce Title Deeds by 
 
 Trustees selling under a Power of Sale and Exchange in a 
 Settlement : the Tenant for Life joins to Covenant for Pro- 
 duction during his Life ......... 452 
 
 8. Deed of Covenant by Tenant for Life under a Settlement for the 
 
 Production of Title Deeds where the Trustees do not concur . 454 
 
 9. Deed of Covenant for Production of Two Sets of Deeds by the 
 
 Respective Holders of such Deeds 455 
 
 10. Deed of Covenant for Production of Deeds by different Persons as 
 to different Deeds, One of the Covenantors being Owner in Fee, 
 another a Mortgagee, others being a Tenant for Life and Re- 
 mainderman, and others being Trustees ' 456 
 
 MORTGAGES. 
 
 1. Mortgage in Fee of Freeholds to One Person 516 
 
 2. Mortgage in Fee of Freeholds (a short form) . . . .519 
 
 3. Mortgage in Fee of a Dwelling-house and Buildings, with Provi- 
 
 sions for Insurance against Fire 521 
 
 4. Mortgage in Fee, with Provisions for Reducing the Rate of 
 
 Interest in case of Punctual Payment, and for continuing the 
 Loan for a Time certain , . 523 
 
 5. Mortgage in Fee of Freeholds to Persons lending Money on a 
 
 Joint Account . . ....... 524 
 
 6. Mortgage in Fee of a Dwelling-house and Buildings, with Pro- 
 
 visions for Insurance against Fire to Persons lending Money 
 
 on a Joint Account 52$ 
 
 7. Mortgage in Fee to Persons lending Money on a Joint Account, 
 
 with Provisions for reducing the Rate of Interest in case of 
 Punctual Payment, and for continuing the Loan for a Time 
 certain 52g 
 
 Digitized by Microsoft® 
 
CONTENTS OF PRECEDENTS. XXVll 
 
 PAGE 
 
 8 Mortgage of Freeholds to several, with Covenant to Insure against 
 Fire, and Provisions for continuing Loan for a Term certain (a 
 paragraph form) 530 
 
 9. Mortgage of Copyholds 534 
 
 10. Conditional Surrender of Copyholds 537 
 
 11. Mortgage of a Leasehold Messuage by Demise 538 
 
 12. Mortgage of Property comprised in several Leases by Assignment ; 
 
 Powers of Sale, Letting, and Granting Underleases . . . 541 
 
 13. Mortgage of a Leasehold Estate for Lives to two Mortgagees who 
 
 make the Advance on a Joint Account, with Provisions for 
 Benewal 546 
 
 14. Mortgage of Freeholds and Copyholds to Persons lending on a 
 
 Joiat Account 549 
 
 15. Mortgage of Freeholds by Grant, and of Leaseholds by Demise . 551 
 
 16. Mortgage of Freeholds and Copyholds, and of Leaseholds for a 
 
 Long Term ... 554 
 
 17. Mortgage of Freeholds by Appointment and Grant in Fee, with 
 
 Power of Sale and Provision for Payment of Mortgage Money 
 
 by Instalments 558 
 
 18. Mortgage in Fee of Lands in the Possession of the Mortgagor who 
 
 attorns Tenant to the Mortgagee 559 
 
 19. Mortgage of Land in Exercise of a General Power of Appoint- 
 
 ment 560 
 
 20. Mortgage in Fee by Husband and Wife of Lands belonging to 
 
 Wife 562 
 
 21. Mortgage of an Equity of Redemption 564 
 
 22. Mortgage with the Concurrence of a Prior Mortgagee who post- 
 
 pones his Mortgage 566 
 
 23. Mortgage of Leaseholds by Executors 568 
 
 24. Mortgage of a Policy of Assurance effected in the Name of the 
 
 Mortgagor 571 
 
 25. Mortgage of a Policy of Assurance effected in the Name of the 
 
 Mortgagee. Two Sureties Join in the Security . . . . 575 
 
 26. Mortgage of a Life Interest in Personalty and a Policy of 
 
 Assurance 578 
 
 Digitized by Microsoft® 
 
XXVm CONTENTS OF PRECEDENTS. 
 
 PAGE 
 
 27. Mortgage of a Life Estate in Lands, and of Policies of Assurance 
 
 to Two Persons, subject to a Prior Mortgage . . • ■ 580 
 
 28. Mortgage of Freeholds to Secure the Re-transfer of Stock, and 
 
 the payment in the meantime of such Sums as may be equal 
 
 to the Dividends thereof ^^^ 
 
 29. Mortgage to secure the Ee-transfer of Stock Lent, and Payment 
 
 of Interest on Proceeds in the meantime 587 
 
 30. Conveyance of Freeholds where Part of the Purchase-money is 
 
 retained by the Purchaser and secured by a Mortgage for a 
 Term of Years to the Vendor 589 
 
 31. Conveyance of Freeholds, by direction of Purchaser, to a Mort- 
 
 gagee to secure Part of the Purchase-money 591 
 
 32. Mortgage of a Mortgage Debt and the Security .... 592 
 
 33. Mortgage of Freeholds to secure an existing Debt and Future 
 
 Advances . , , 595 
 
 34. Mortgage to Trustees of a Joint-stock Banldng Company to seciire 
 
 Balance of Account Current 597 
 
 35. Mortgage to an Incorporated Banking Company to secure Balance 
 
 of Account Current 600 
 
 36. Mortgage of Freeholds by a Member of a Partnership Firm to a 
 
 Firm of Bankers to secure Balance of an Account Current of 
 the Partnership Firm with the Bankers. Both Members of 
 One Partnership Firm covenant to pay Principal and Interest . 601 
 
 37. Mortgage of Freeholds to a Bxiilding Society 604 
 
 38. Mortgage of Leaseholds to a Building Society .... 607 
 
 39. Mortgage to ' Trustees for Two Persons who advance the Money 
 
 in Equal Shares 610 
 
 40. Declaration of Trust of Money secured on Mortgage and con- 
 
 tributed by Different Members in Unequal Proportions, the 
 Mortgage having been taken in the Name of Four Trustees 
 nominated by the Lenders 613 
 
 41. Declaration of Trust of Part of a Sum of Money secured on a 
 
 Contributory Mortgage 615 
 
 42. Mortgage of Lands under the Trusts of a Term for securing 
 
 Younger Children's Portions, where neither the Portionists 
 
 nor the Freeholder concur 616 
 
 43. Mortgage by Trustees of a Term for raising Portions, with the 
 
 Concurrence of the Portionists, and also of the Tenant for Life, 
 under a He-settlement of the Estates, who covenants to kceji 
 down the Interest ... 618 
 
 Digitized by Microsoft® 
 
CONTENTS OF PRECEDENTS. XXIX 
 
 PAGE 
 
 44. Mortgage by Trustees of a Term, with the Concurrence of the 
 
 Tenant for Life, for the purpose of raising a part of the Ex- 
 pectant Portion of a Younger Sou for his Advancement . . 620 
 
 45. Mortgage by Assignment of Premises comprised in a Building 
 
 Lease to Secure the Repayment of Sums Advanced and to be 
 Advanced to the Lessee for the purpose of enabling him to 
 complete several Houses which are unfinished . . . 622 
 
 46. Mortgage by a Builder of Land comprised in an Agreement en- 
 
 titling him to separate Leases from the Freeholder as the 
 Houses are completed, to secure Advances to be made for the 
 purpose of enabling him to complete the Houses . . . 626 
 
 47. Mortrfa^e by a Builder to a Firm of Solicitors to secure balance 
 
 of a current account 630 
 
 48. Appointment of Receiver of the Rents of a Mortgaged Leasehold 
 
 Estate for Lives 633 
 
 49. Mortgage of Land, with a Provision adopting, with certain Varia- 
 
 tions, the Power to appoint a Receiver, conferred by Lord 
 Cranworth's Act 638 
 
 50. Mortgage in Fee, with Power for the Mortgagor to Grant Leases 
 
 for Twenty- one Years, and also Building Leases for Ninety- 
 nine Years 639 
 
 51. Mortgage of a Large Estate situate in a Mining District, with 
 
 Power for the Mortgagor to Grant Leases for Twenty-one 
 Years, and also Building and Repairing Leases for Ninety-nine 
 Years, and Mining Leases for Sixty Years. Provisions for 
 setting apart a Proportion of the Rents and Royalties payable 
 under the Mining Leases, and Investing same in the Names of 
 Trustees, to constitute a Sinking Fund, in Aid of the Principal 
 Security 641 
 
 52. Conveyance of Freehold Lands by way of Collateral Security . 652 
 
 53. Conveyance of Freehold Lands by way of Additional Security— 
 
 by Indorsement on the Principal Mortgage Deed . . . 653 
 
 54. Assignment of a Policy of Assurance by way of Additional 
 
 Security 654 
 
 55. Mortgage of Shares in a Railway Company, with Power of Sale . 656 
 
 56. Mortgage of a Legacy 658 
 
 57. Mortgage of Letters Patent, the Goodwill of a Business, Stock in 
 
 Trade, &c., to two persons who make advances to Develop an 
 Invention, under a special arrangement 659 
 
 58. Mortgage of a Reversionary Interest in Stock belonging to the 
 
 Mortgagor, and of an Annuity belonging to his Wife, to Secure 
 
 an Existing Debt and Future Advances 664 
 
 Digitized by Microsoft® 
 
XXX CONTENTS OF PRECEDENTS. 
 
 PAGE 
 
 59. Mortgage by Husband and Wife of an Undivided Share in Re- 
 
 mainder of the Wife in Freehold Lands, and of her Reversion- 
 ary and Contingent Share in a Legacy, and also a Policy of 
 Assurance, by way of Trust for Sale of the Share in Lands to 
 secure an Existing Debt and Future Advances . . . . 668 
 
 60. Mortgage of Reversionary Interest in Share of Personal Estate 
 
 under a WilL Covenants by the Father of Mortgagor, and by 
 his Mother with a view to bind her Separate Estate, to pay the 
 Interest by way of Additional Security 673 
 
 61. Mortgage by Tenant for Life and Reversioner of their Interests in 
 
 a Residuary Property under a Will. The Reversioner joins as 
 Surety 675 
 
 62. Agreement for Mortgage of Freehold and Leasehold Property, 
 
 accompanied by Deposit of Lease 678 
 
 63. Memorandum of Deposit of Title Deeds to secure a Given Sum, 
 
 and Charge on the Property comprised in the Documents 
 deposited, and Agreement to -Execute Legal Mortgage if 
 required 681 
 
 64. Memorandum of Deposit of Title Deeds to secure a Given Sum 
 
 and Future Advances, and Charge on the Property comprised 
 in the Documents Deposited, and Agreement to execute Legal 
 Mortgage if required 682 
 
 65. Memorandum of Deposit of Title Deeds with a Joint-Stock 
 
 Banking Company, to secure Balance of Account Current . . 683 
 
 66. Deed of Further Charge (by Indorsement) 684 
 
 67. Deed of Further Charge (not by Indorsement) . ... 685 
 
 68. Further Charge on a Life Interest, and Policy of Assurance pre- 
 
 viously Mortgaged, and Collateral Security on a New Policy 
 effected -in the Name .of the Mortgagee (by Indorsement on 
 former Precedent) qqq 
 
 69. Transfer of a Mortgage of Freeholds without the Concurrence of 
 
 ^ the Mortgagor og,, 
 
 70. Transfer of a Mortgage of Freeholds without the Concurrence of 
 
 the Mortgagor (by Indorsement) ggg 
 
 71. Transferof a Mortgage of Freeholds where the Mortgagor joins . 6i9 
 
 72. Transfer of a Mortgage where the Mortgagor joins— New Proviso 
 
 for Redemption, Covenants and Power of Sale ... ggQ 
 
 73. Transfer of a Mortgage of Freeholds where a Further Sum is 
 
 Advanced to the Mortgagor . „„„ 
 
 ° " • ■ • . . byz 
 
 74. Transfer of a Mortgage of Leaseholds where a Further Sum is 
 
 Advanced to the Mortgagor „. 
 
 bigitized by Microsoft® 
 
CONTENTS OF PRECED-ENT.S. XXXI 
 
 PAGE 
 
 7o. Transfer of a Mortgage of Copyholds with the Concurrence of the 
 
 Mortgagor (by Indorsement) 696 
 
 76. Warrant to Enter up Satisfaction of Conditional Surrender . . 697 
 
 77. Conditional Surrender by Mortgagor to Transferee of Mortgage . 698 
 
 78. Transfer of Mortgage of Copyholds. The Mortgagor being Dead, 
 
 leaving an Infant Heir, his Widow and Administratrix joins in 
 
 the Transfer (by Indorsement) 699 
 
 79. Admission of Mortgagee to Copyholds and Surrender to Trans- 
 
 feree pursuant to the Covenant in the last Precedent, and 
 Admission of Transferee . 700 
 
 80. Transfer of Mortgage of Copyholds where no Surrender has been 
 
 made (by Indorsement) 702 
 
 81. Transfer of a Mortgage of a Policy of Assurance, and a sum of 
 
 Stock in which the Mortgagor joins for the purpose of Secur- 
 ing the Payment of the Debt by a Charge on Additional 
 Property 703 
 
 82. Transfer of Mortgage of Freeholds and Leaseholds on the Change 
 
 of one of two Trustees 705 
 
 83. Transfer of Two several Mortgage Debts and the Securities for 
 
 each, and Conveyance of Additional Property by Mortgagor 
 to the intent that all the Property vested in Transferee may 
 he a Security for both Mortgage Debts and a Further Ad- 
 vance 707 
 
 84. Re-conveyance of Lands by Mortgagee on Payment of Debt and 
 
 Interest (by Indorsement) 710 
 
 85. Re-conveyance of Property by Administrator of Mortgagee on 
 
 Payment of Mortgage Debt and Interest 710 
 
 86. Surrender of Mortgage Term of Years by Representative of Mort- 
 
 gagee on Payment of Mortgage Debt (by Indorsement) . .711 
 
 87. Release of Lauds by a Mortgagee of a Term for Raising Portions 
 
 where the Mortgage is paid ofif out of the Proceeds of the 
 Sale of Part of the Settled Estates Qiy Indorsement on 
 Mortgage) 712 
 
 88. Receipt for Moneys hy Trustees to be Indorsed on a Mortgage to 
 
 a Building Society 715 
 
 89 Charge by a Registered Proprietor under the Land Transfer Act, 
 
 1875 716 
 
 90. Transfer of Charge by a Registered Proprietor . . . . 716 
 
 Digitized by Microsoft® 
 
XXXll CONTENTS OP PRECEDENTS. 
 
 91. Deed of Arrangement between a Mortgagor and several Mort- 
 
 gagees of distinct parts of his Estates, where the Title Deeds 
 relating to the Property comprised in the Mortgages were 
 deposited with Bankers on the Account of the several Mort- 
 gagees 717 
 
 92. Deed of Arrangement with respect to Title Deeds deposited with 
 
 a Solicitor on behalf of several Mortgagees of different Proper- 
 ties, and on behalf also of the Owners of other Properties to 
 which the Deeds or some of them also relate . . . . 722 
 
 BILLS OF SALE. 
 
 1. Bill of Sale of Household Furniture and other Specified Effects 
 
 by way of Mortgage 760 
 
 2. BUI of Sale by way of Mortgage of Household Furniture and 
 
 other Specified Effects, and of Furniture and Effects to be sub- 
 sequently Added or Substituted, the Principal Money being 
 made Payable by Instalments 764 
 
 3. Mortgage of Chattels (as very short form) 765 
 
 4. Bill of Sale by way of Mortgage of the Machinery and Plant 
 
 belonging to a Colliery, including After-acquired Plant, to 
 Secure a Present and Future Advances . . .. . . 757 
 
 5. Mortgage of a Freehold Workshop or Factory and the Trade 
 
 Machinery and Plant about the Same 770 
 
 6. Mortgage of Leasehold Premises with Machinery and Plant . . 773 
 
 7. Bill of Sale by way of Mortgage of Present and Future Growing 
 
 Crops and Farming Stock, without any Interest in the Land . 775 
 
 8. Bill of Sale by an Innkeper of the Goodwill of his Business and 
 
 of his Stock in Trade and Effects by way of Collateral Security 
 for Principal Money and Interest secured by a Mortgage of the 
 Leasehold Premises where the Business is carried on. Powers 
 to Sell and Lease i^i^g 
 
 9. Mortgage of Chattels by a Trader to a Banking Company to 
 
 secure the Balance of his Account Current 7^/) 
 
 10. Affidavit to be filed Pursuant to Act for Registering BiUs of 
 
 Sale ..........,_ iTgi 
 
 11. Declaration by Donee of Bill of Sale that the Principal Moneys 
 
 and Interest thereby Secured have been paid . . . . 781 
 
 Digitized by Microsoft® 
 
TABLE OF CASES. 
 
 
 PAGE 
 
 
 PAGE 
 
 Aokroyd v. Smith 
 
 . 405 
 
 Avei7 V. Cheslyn 
 
 . 729 
 
 Adams v. Angell . 
 
 . . 278 
 
 Ayler v. Cox . 
 
 . 25 
 
 — V. Brooke 
 
 81, 308 
 
 Aylesford (Earl of) v. Morris 331 
 
 — V. Graham 
 
 . 743 
 
 Aylett V. Ashton . 
 
 8 
 
 — V. Lindsell . 
 
 . . 76 
 
 
 
 Adsett V. Hives . 
 
 . 490 
 
 
 
 Agra Bank, Ex parte 
 
 . . 500 
 
 
 
 Alexander v. Miles 
 
 . 82 
 
 Badger v. Shaw . 
 
 . 742 
 
 — V. Mills 
 
 . . 307 
 
 Bagot V. Bagot 
 
 . 310 
 
 Allen V. Allen . 
 
 . 484 
 
 — V. Oughton 
 
 . 482 
 
 — V. Anthony . 
 
 . . 493 
 
 Bailey, Ex parte , 
 
 . 750 
 
 — V. Bennet 
 
 . 75 
 
 Bain v. Fothergill 
 
 . 83 
 
 — V. Bounett . 
 
 . 752,753 
 
 Baiubridge v. Kinnaird 
 
 8 
 
 — Ex parte 
 
 . 741 
 
 Baker v. Rogers 
 
 . 422 
 
 — V. Knight . 
 
 . . 489 
 
 Balmanno v. Lumley 
 
 8 
 
 — V. Thomson 
 
 . 743 
 
 Bannerman v. Clark . 
 
 . 15 
 
 Alton V. Harrison . 
 
 . . 762 
 
 Barclay, Ex parte . . 71 
 
 51,735 
 
 Ancona v. Rogers 
 
 . 738 
 
 Barker v. Venables . 
 
 . 206 
 
 Anderson v. Pignott 
 
 . . 202 
 
 Barnes v. Wood . 
 
 23 
 
 Andrews v. Hailes 
 
 . 146 
 
 Barrand, lie 
 
 . 741 
 
 — V. Hulse . 
 
 . . 178^ 
 
 Barrel], Ex parte . 
 
 30 
 
 — Trusts, In r 
 
 e . 756 
 
 Barrett v. Rolph 
 
 74 
 
 Anson V. Lee 
 
 . . 461 
 
 Barrow v. Wadkin 
 
 190 
 
 Ashburnham v. St. Jo 
 
 hn . 150 
 
 Barr's Trusts, In re . 
 
 500 
 
 Ashton V. Blaokshaw . 
 
 . 747 
 
 Barry, Ex parte . 
 
 501 
 
 — V. Wood . 
 
 . . 26 
 
 Bartrum v. Payne . 
 
 745 
 
 Aspden v. Siddon 
 
 . 372 
 
 Baskcomb v. Beckwith 
 
 24 
 
 Astbury, Ex parte 
 
 . 728, 730 
 
 Bateman v. Hotchkin . . 
 
 311 
 
 Aston V. Aston . 
 
 . 308 
 
 Bates V. Brothers 
 
 153 
 
 Atkinson v. Baker 
 
 . . 245 
 
 — V. Johnson . . . 
 
 489 
 
 — ,Re . 
 
 . 500 
 
 Batston v. Salter 
 
 201 
 
 — V. Smith 
 
 . . 462 
 
 Battersea Park Acts,^e the 
 
 77,78 
 
 Attenborough v. Thon 
 
 ipson 743 
 
 Baxendale v. Seale . . 
 
 27 
 
 Atterbury v. Wallis 
 
 . . 496 
 
 Baxter v. Prichard 
 
 749 
 
 Attorney-General v. 
 
 Duke 
 
 Beale v. Symonds . . . 
 
 192 
 
 of Marlborough 
 
 . 310 
 
 — V. Tennant 
 
 743 
 
 Aubrey v. Fisher . 
 
 . . 29 
 
 Beasney's Trust, Re . . 
 
 140 
 
 Avarne v. Brown 
 
 . 11 
 
 Beavan v. Enrl of Oxford . 
 
 153, 
 
 Aveling v. Knipe . 
 
 . . 200 
 
 15 
 
 5,164 
 
 VOL. I. 
 
 
 c 
 
 
 Digitized by Microsoft® 
 
XXXIV 
 
 TABLE OF CASES. 
 
 162, 
 
 PAGE 
 
 Beoket ». Buckley . . 159 
 
 Beeoher v. Major . . 201 
 Beevor v. Lawson . . . 468 
 Beioley v. Carter . . 82 
 
 Bell her v. Brymer . . 213 
 
 Belding v. Keed . . 759 
 
 Bell V. Holtly . . . 81 
 — V. Simpson. . . 752 
 Bellamy v. Briokenden . 464, 573 
 — V. Sabine . . 169 
 Bence v. Gilpin 
 Benham w Keene 155, 
 Benson v. Lamb . 
 Bevan v. Habgood 
 Bewick v. Whitfield 
 Billage v. Southee 
 Bills V. Smith 
 Binney v. Hopkinson . 
 Birch. Wolfe v. Birch 
 Bittleston v. Cooke . 
 Blackburn, £!c parte 
 Blacklow V. Laws 
 Black well v. England 
 Blagden v. Bradbear . 
 Blake v. Phinn 
 Blatchford v. Fitzpatrick 
 Bleakley v. Smith . 
 Blore V. Sutton . 
 Boehm v. Wood 
 Bolding V. Lane 
 BoUand, £x parte 
 Bond V. England 
 Bonne well v. Jenkins 
 Bos V. Helsham . 
 Boultbee v. Stubbs 
 Bourne v. Bourne 
 Bovey v. Skipwith . 
 Bowes V. Law . 
 Boyd V. Shorrock . 
 Boys V. Ayerst . 
 Brace v. Duchess of 
 
 borough 
 Bracebridge v. Cook , 
 Bramley v. Alt 
 Braudley-i;. Plummer 
 Biautoni v. Gnffits , 
 Brenuan v. Bolton 
 Brewer's Trusts, JEx parte 
 Brewin v. Short 
 Bridge v. Beedon 
 Bridges v. Longman 
 Briggs V. Chamberlain 
 — V. Jones 
 
 175 
 164 
 . 14 
 . 471 
 . 310 
 . 189 
 . 755 
 . 197 
 . 311 
 . 749 
 . 753 
 . 11 
 . 743 
 . 76 
 6 
 . 82 
 . 75 
 . 78 
 . 80 
 . 480 
 753,7^0 
 . 482 
 . 77 
 23, 35 
 . 675 
 . 518 
 . 489 
 . 408 
 . 729 
 . 77 
 Marl- 
 469,492 
 186 
 28 
 23 
 735 
 79 
 500 
 748 
 502 
 485 
 183 
 495 
 
 
 PAGE 
 
 Briggs V. Moss . 
 Bright's Trusts, Re 
 
 743 
 
 494 
 
 Brighty v. Norton 
 
 757 
 
 Bristow V. Booth . 
 
 175 
 
 Broad wood, JEx parte . 
 Brodriok v. Scale 
 
 728 
 743 
 
 Brooke (Lord) v. Round 
 
 
 thwaite 
 
 , 25 
 
 — V. Stone 
 
 464 
 
 Broome v. Monck 
 
 83 
 
 Broughton v. Jewel 
 Brown ti. Kempton . 
 
 205 
 
 754 
 
 — t: Metropolitan Co.'s 
 
 Life Assurance Society 560 
 
 — V. Savage . . 502 
 Brownson v. Lawrence . . 484 
 
 Bryant v. Busk . 
 Brydges v. Stephens 
 Buccleuch (Duke of) v 
 Wakefield . 
 
 143 
 
 308 
 
 372 
 
 Buchanan v. Poppleton 
 Buckland v. Butterfield 
 
 142 
 729 
 
 Bull V. Hutchons . 
 
 170 
 
 Buller V. Burt . 
 
 142 
 
 — V. Plunkett 
 
 503 
 
 Bulmer v. Hunter 
 
 745 
 
 Burdon v. Kennedy 
 Burgess v. Wheate 
 Buniell V. Brown . 
 
 151 
 
 192 
 
 82 
 
 Burroughs In re 
 
 31 
 
 Burrouuhes v. Brown 
 
 29 
 
 Burt V. Trueman 
 
 490 
 
 Butler's Will, Be . 
 
 343 
 
 Byerly v. Prevost . 732, 744 
 
 Caldwell v. Dawson . .213 
 
 Calverley v. Williams . . 27 
 
 Campbell v. Allgood . . 309 
 
 Carpenter, Re . . . 84 
 
 Carr v. Acraman . .758 
 
 Carrington (Lord) ■». Wy- 
 combe Railway Compy. 344 
 
 Carter v. Carter . 487, 496 
 
 — V. Sebright . .177 
 Casberd v. Attorney- General 166 
 
 Catling V. King . . . 37 
 
 Catt V. Double . . .197 
 
 Cattley v. Simpson . , 470 
 
 Cavander v. Bulteel . . 493 
 
 Cavendish v. Munday . 310 
 
 Digitized by Microsoft® 
 
TABLE OF CASES. 
 
 XXXV 
 
 PAGE 
 
 Chad wick v. Turner . . 148 
 Chamberlain v. Lee . 80, 81 
 
 Chamberlayne v. Dummer . 308 
 
 Chandos (Duke of) v. T&,lbot 29 
 
 Chapman v. Chapman . . 466 
 
 Chawner's Will, In re . 485 
 
 Cheddell v. Gal worthy . . 759 
 Cherry, Hx parte . .755 
 
 Child V. Douglas . . . 198 
 Chinnock v. Marchioness of 
 
 Ely . . . 75, 77 
 
 Cholmondeley v. Paxton . 311 
 Christie v. Commissioners 
 
 of Inland Revenue . 213 
 
 Churchill v. Grove . . 489 
 Clanricarde (Marquis of) v. 
 
 Hemming . . . 189 
 
 Clark's trust, /n re . . 618 
 
 Clarke v. Franklin . . 224 
 
 — V. The Royal Panop- 
 ticon . . . . 485 
 
 Clay V. Sharpe . . . 472 
 
 Clayton v. Ashdown . . 188 
 
 — V. Burtenshaw . 213 
 Clerk V. Wright . . . 76 
 Clinie v. Wood . . . 728 
 Clinan v. Cooke . . . 75 
 Clinton v. Hooper . . 485 
 Clowes V. Higginson . . 29 
 Coates V. Perry . . .212 
 Cochrane v. Robinson . . 241 
 Cocks V. Gray . . . 477 
 Coffin V. Coffin . . . 309 
 Cole V. Sewell . . .376 
 Coleby v. Coleby . . . 484 
 Colegrave v. Dios Santos . 728 
 Colemere, In re . . . 750 
 Coles V. Sims . . 197, 198 
 
 — V. Trecothick . . 18-9 
 
 CoUard v. Roe . . . 224 
 
 Collin V. Scudamore . . 10 
 
 Collison V. Lettson . . 199 
 
 Columbine v. Penhall . . 744 
 
 Colyerw., Finch. . . 496 
 
 Commell v. Keith . . . 756 
 
 Congreve v. Evetts . . 758 
 
 ConoUy v. Parsons . . 28 
 
 Cook V, Dawson . . . 485 
 
 — V. Priohard . . . 754 
 
 — V. Rogers . . . 754 
 Cooke V. Chilcott . . . 197 
 
 — V. Soltau . . .141 
 
 — % Walker . . . 730 
 
 PAGE 
 
 Cooper V. Emery . . 205 
 
 — V. Trewby . . . 98 
 Coote V. Lowndes . . 483 
 Coppin »._ Fernyhough . . 493 
 Corder V. 'Morgan . . 472 
 Cordingley v.Cheeseborough 13, 19 
 Corser v. Cartwright . . 323 
 Cory V. Eyre . . .492 
 Cotton, Bx parte . . . 728 
 
 — f. Scudamore. . 205 
 Cottrellj;. Cottrell . . 196 
 Counter v. McPherson . 80 
 Coventry v. London, Brigh- 
 ton, and South Coast 
 Railway Co. . . . 344 
 
 Cowbridge Railway, He . 159 
 
 Cowley (Earl) v. Wellesley . 311 
 
 Cox, A'x parte . . .747 
 
 V. Bishop . . . 467 
 
 — V. Coventon . . . 26 
 
 — V. Dolman . . . 480 
 Crabtree v. Poole . . . 441 
 Craven, In re . . . 753 
 Credland v. Potter . . 149 
 Crewe v. Corp ... 24 
 Cripps V. Jee . . . 201 
 Crofts V. Middleton . .183 
 Crosby v. Wadsworth . . 74 
 Crossley v. Maycock . . 77 
 Cruikshank v. Duffin . . 486 
 Cruise v. Nowell . .472 
 Culhng V. Tuffnall . . 730 
 Curling v. Austin . . 11 
 Currant v. Jago . . . 201 
 
 Daglish, &; ^arte , . 735 
 Dalby v. Wonham . . 189 
 Dance v. Goldiugham . 30 
 Darlington v. Hamilton . 6 
 Davey v. Durrane . . 475 
 Davies v. Thomas . . . 493 
 Davis V. Jones . . . 729 
 — V. Strathmore . . 162 
 Daw V. Terrell . . .466 
 Dawson v. Bank of White- 
 haven . . . . 262 
 Day V. Day . . . 463 
 Dean v. Allalley . . . 729 
 Decker v. Angus . . 474 
 Denn v. Diamond . . . 212 
 c 2 
 
 Digitized by Microsoft® 
 
XXXVl 
 
 TABLE OF CASES. 
 
 
 PAGE 
 
 
 PAGE 
 
 Depree v. Bedborough 
 
 30 
 
 Edwards f. Meyrick . 
 
 . 189 
 
 De Visme v. De Visme . 
 
 15 
 
 — V. Wickwar 
 
 4 
 
 — ,i?e . 
 
 201 
 
 Eland v. Eland . 
 
 323, 493 
 
 Dimmock v. Hallett . 
 
 24 
 
 Ellis V. Hunt . 
 
 . 727 
 
 Dickson v. Muckleston . 466, 497 
 
 Else V. Else . 
 
 . 1,3 
 
 Dobell V. Hutchinson 26, 
 
 75, 76 
 
 Elvey V. Norwood 
 
 . 480 
 
 Dobson V. Laud 
 
 464 
 
 Emerson v. Healis 
 
 . 76 
 
 Doe V. Burdett 
 
 142 
 
 Engell V. Fitch 
 
 . 83 
 
 — d. Clay V. Jones . 
 
 202 
 
 Eno V. Tatam . 
 
 . 484 
 
 — d. Croft V. Tidbury 
 
 146 
 
 Esliok, In re . 
 
 735, 747 
 
 — d. Jarrod v. Alley 
 
 569 
 
 Espin V. Pemberton 
 
 494,,496 
 
 — V. Lewis. 
 
 186 
 
 Essex V. Daniell 
 
 . 203 
 
 — d. Mostyn v. Jones 
 
 146 
 
 Evans v. Bremridge 
 
 . 575 
 
 — V. Nepean 
 
 140 
 
 — V. Roberts 
 
 . 73 
 
 — d. Snell V. Tom . 
 
 559 
 
 — V. Robins . 
 
 . 26 
 
 — d. Whitbread v. Jen 
 
 
 Evelyn v. Evelyn 
 
 . 482 
 
 ning 
 
 176 
 
 — V. Worsfold 
 
 . 177 
 
 — d. Wigan i>. Jones 
 
 151 
 
 Everingham v. Ivatt . 
 
 . 176 
 
 Donne v. Hart . 
 
 186 
 
 Eyston v. Simonds 
 
 . 80 
 
 Dormer v. Pitcher . 
 
 201 
 
 
 
 Dowle V. Saunders 
 
 496 
 
 
 
 bownshire (Marquis of) v 
 
 
 
 
 Lady Sandys . 
 
 309 
 
 ,Fain v. Eyres 
 
 . 204 
 
 Drew V. Hanson 
 
 23 
 
 Fairbrother v. Wodehouse . 470 
 
 — V. Martin 
 
 201 
 
 Fairley v. Tuck 
 
 . 219 
 
 Drummond v. Tracy . 
 
 139 
 
 Falkner v. Eq. Rev. ] 
 
 [nt. 
 
 Dryden v. Hope . 
 
 742 
 
 Society 
 
 . 31 
 
 Drysdale v. Mace 
 
 3 
 
 Fane v. Spencer . 
 
 5 
 
 Duberley v. Day . 
 
 186 
 
 Farebrother v. Gibson 
 
 . 23 
 
 Duddell V. Simpson . 
 
 13 
 
 Farley v. Bonham . 
 
 . 224 
 
 Duke V. Barnett , 
 
 4 
 
 Farrar v. Earl Winterton . 84 
 
 Duncan v. Louch 
 
 406 
 
 Fearon v. Webb . 
 
 . 423 
 
 Duncuft V. Albrecht 
 
 74 
 
 Ferrers v. Cherry . 
 
 . 487 
 
 Dunnay v, Borrodaile 
 
 672 
 
 Fidgeon v. Sharp 
 
 . 763 
 
 Dunne v. Ferguson 
 
 73 
 
 Finch V. Finch 
 
 . 201 
 
 Durham, D. and C, Ex parti 
 
 '. 15 
 
 Fisher v. Dixon . 
 
 . 729 
 
 Du Vigier v. Lee . 
 
 479 
 
 — Ex parte . 
 
 . 752 
 
 Dyer v. Dyer 
 
 201 
 
 Flack V. Master . 
 
 . 231 
 
 — V. Hargrave 
 
 22 
 
 Fleetwood v. Green 
 
 . 82 
 
 Dykes v. Blake 
 
 25 
 
 Flight V. Barton 
 
 7 
 
 Dyson v. Hornby 
 
 15 
 
 — V. BoUand . 
 
 . 188 
 
 
 
 — V. Booth . 
 
 24, 25 
 
 
 
 Flower v. Hartropp 
 
 . 10 
 
 
 
 Flureau v. Thornhill . 
 
 82 
 
 TilaRtwood V. Lever 
 
 198 
 
 Foley V. Addenbroke 
 
 . 729 
 
 Eaton V. Sanxter 
 
 151 
 
 Forbes v. Peacock 
 
 . 323 
 
 Ebrand v. Dancer . 
 
 201 
 
 Foster v. Cockerell . 
 
 . 499 
 
 Edge V. Worthington . 
 
 466 
 
 — V. Hoggart . 
 
 . 473 
 
 Edmunds v. Povey 
 
 489 
 
 Fo-wkes V. Pascoe 
 
 . 201 
 
 Edwards v. English' . 
 
 741 
 
 Fowle, Ex parte . 
 
 . 754 
 
 —^ V. Glyn . 
 
 766 
 
 Fowle V. Freeman 
 
 77 
 
 — *. Harben . 
 
 730 
 
 Fox V. Bishop of Cheste 
 
 r . 422 
 
 — V. 'Martin 
 
 600 
 
 Foxley, Ex parte . 
 
 . . 749 
 
 Digitized by Microsoft® 
 
TABLE OF CASES. 
 
 XXX Vll 
 
 
 PAGE 
 
 Frayne v. Taylor 
 
 . 83 
 
 Freeman v. Edwards 
 
 . 559 
 
 Freme v. Wright 
 
 4 
 
 Frend v. Buckley . 
 
 . 143 
 
 Freshney v. Kerriok . 
 
 731, 742 
 
 Fry V. Noble 
 
 . 224 
 
 Gabriel ti. Smith 
 
 . 10 
 
 Gardner v. Charing Cr 
 
 3SS 
 
 Eailway Co. . 
 
 . 77 
 
 Garland v, Alston 
 
 . 177 
 
 Gamett v. Acton . 
 
 80, 83 
 
 Gibbins v. Eyden 
 
 . 484 
 
 Gibbs V. Daniel . 
 
 . 189 
 
 Gibson v. Jeyea 
 
 . 189 
 
 Gilliatt V. Gilliatt . 
 
 . 28 
 
 Glaister v. Hewer 
 
 . 201 
 
 Glass V. Eichardson 
 
 . 179 
 
 Goodchild v. Dougal . 
 
 . 257 
 
 Goodricke v. Taylor . . 
 
 . 751 
 
 Gore V. Lloyd . 
 
 . 754 
 
 Gosbell V. Archer . 
 
 . 76 
 
 Gough V. Everard 
 
 . 738 
 
 Graham v. Furber . 
 
 . 748 
 
 — V. Sime . 
 
 . 206 
 
 Grant w. Munt . 
 
 . 22 
 
 — V. Shaw 
 
 . 743 
 
 Greated v. Created . 
 
 . 484 
 
 Greaves v. Wilson 
 
 . 13 
 
 Green v. Winn , 
 
 . 575 
 
 Greenwood, Ux parte Thi 
 
 ck- 
 
 broom . 
 
 . 745 
 
 — V. Bishop 
 
 3f 
 
 London 
 
 . 422 
 
 Gresley v. Mousley 
 
 . 189 
 
 Grey ». Hesketh 
 
 . 422 
 
 Griffiths V. Hatchard , 
 
 . 10 
 
 Grymes v. Boweren . 
 
 . 729 
 
 Guest V. Cowbridge Ks 
 
 lil- 
 
 way Co. 
 
 . 159 
 
 — V. Poole and Bouri 
 
 le- 
 
 mouth Eailway Co. 
 
 . 77 
 
 Gunnis v. Erhart 
 
 . 29 
 
 Haigh, JSa; parte , . 466 
 
 Hale V. Allnutt 751, 754 
 
 Hall V. Smith . . . 493 
 
 Hallen v. Eunder . . 74 
 
 Hallett V. Middleton . . 196 
 
 PAGE 
 
 Halsey v. Grant . 23, 24 
 
 Hamer v. Sharp , . . 75 
 Hamilton v. Denny . . 200 
 
 — (Duke of), V. Gra- 
 ham. . . .371 
 
 Hanson v. Keating . . 186 
 Harding v. Harding . 83, 485 
 
 — V. Metropolitan 
 Eailway Co. . . 78 
 
 Hardy v. Felton . . . 518 
 
 Harford v. Furrier . . 80 
 
 Harmer v. Priestley . . 468 
 
 Harnett v. Baker . . 3 
 
 Harris v, Booker . . . 151 
 
 — Ex parte . . 747 
 
 — V. Eickett . . 749, 750 
 
 — V. Eyding . . 372 
 Harrison v. Guest . . 189 
 Haselinton v. Gill . . 746 
 Hastings (Lord) v. Astley . 462 
 Hatch V. Hatch . .190 
 Hatton V. English . . 744 
 
 — V. Hey wood . . 159 
 Ha ward v. Eaw . . . 174 
 Hawkins v. Gathercole . 153 
 
 — V. Holmes . . 75 
 Hawtry v. Butlin . .735 
 Hayford v. Criddle . . 7 
 Haynes v. Haynes . . 77 
 Heale v. Greenbank . . 423 
 Heather v. O'Neil . . 462 
 Hepworth v. Hill . . 484 
 Hewer v. Cox . . . 743 
 Hewitt V. Loosemore . 494, 495 
 Hext V. Gill . . .372 
 Hiern v. Mill . . . 494 
 Higginbotham t'. Hawkins 311 
 Higginson v. Clowes . . 29 
 m\\,Inre . . . . 746 
 
 — V, Buckley . 18, 36 
 
 — V. Pritchard . . . 308 
 Hind V. Poole . . .472 
 Hindon v. Weatherhill . 190 
 Hiorn v. Mills . . . 466 
 Hobson V. Bell . II, 30, 472 
 Hockby v. Ban took . .466 
 Hodgkinson v. Cooper . . 143 
 
 — V. Crowe . 121 
 
 Hodgson V. Dean . .149 
 
 Hoggart V. Scott . . . 80 
 
 Holderness v. Eankin . 745 
 
 Holdsworth v. Goose . . 293 
 
 Holland v. Eyre . 77 
 
 Digitized by Microsoft® 
 
xxxvm 
 
 TABLE OF CASES. 
 
 
 
 PAGB 
 
 
 PAGE 
 
 Holland v. Hodgson 
 
 . . 
 
 730 
 
 James v. Shore . 
 
 . 84 
 
 Holman v. Loynes 
 
 . 
 
 189 
 
 Jarmain v. Eglestone 
 
 . 12 
 
 Holroyd v. Marshall 
 
 , , 
 
 768 
 
 Jay V. Richardson 
 
 . 198 
 
 Homan, Sx parte, 737, 
 
 738 
 
 , 765 
 
 Jenkins v. Getting 
 
 . 729 
 
 Honeycomb v. Waldron 
 
 , 
 
 149 
 
 — V. Jones 
 
 . 474 
 
 Honeyman v. Marriott 
 
 , 
 
 77 
 
 Jennings v. Eigby 
 
 . 165 
 
 Honey wood v. Honey wood 
 
 
 Jesus College v. Bloome 
 
 . 311 
 
 
 310 
 
 ,311 
 
 Johnson v. Fesemeyer 751, 754 
 
 Hood V. Easton 
 
 
 477 
 
 — V. Helleby . 
 
 . 92 
 
 — V. Hood 
 
 . 
 
 484 
 
 — V. Holdsworth 
 
 . 162 
 
 Hooman, Ex parte . 
 
 '738 
 
 ,743 
 
 — V. Smiley . 
 
 5 
 
 Hooper and others, Ex parte, 
 
 469 
 
 Johnstone v. Baker . 
 
 423 
 
 Hopkins v. Amery 
 
 . 
 
 496 
 
 Jones V. Clifibrd . 
 
 3 
 
 — V. Grazebrook 
 
 , 
 
 83 
 
 — V. Edney 
 
 . '25 
 
 Horn V. Baker . 
 
 . 
 
 746 
 
 — V. Flint 
 
 . 73 
 
 Hornsby v. Miller . 
 
 
 742 
 
 — V. Harber 
 
 . 755 
 
 Horsfall v. Key 
 
 728 
 
 729 
 
 — V. Powles . 
 
 487 
 
 Houlditch V. Collins 
 
 , 
 
 153 
 
 — V. Smith . . 493, 495 
 
 Howard v. Bank of England 
 
 188 
 
 — V. Thomas . 
 
 189 
 
 Howell V, Price ' 
 
 , 
 
 481 
 
 
 
 Hoy V. Smythies . 
 
 13,22 
 
 
 
 Hubert v. Treherne . 
 
 , 
 
 76 
 
 
 
 Hudson V. Carmichael 
 
 
 485 
 
 Keates v Lyon . 
 
 198 
 
 — V. Cook 
 
 , 
 
 83 
 
 Keatinge v. Keatinge . 
 
 376 
 
 — V. Temple 
 
 , 
 
 14 
 
 Kemp V. Bird . 
 
 198 
 
 Hughes V. Lumley 
 
 162 
 
 164 
 
 Kennard v. Futvoye 
 
 470 
 
 — V. Williams 
 
 , , 
 
 -477 
 
 Kennedy v. Green 
 
 494 
 
 — V. Wynne 
 
 , 
 
 9 
 
 — V. Lee . 
 
 76, 77 
 
 Hughes' Trust, He . 
 
 .499,501 
 
 Kenney v. Wexham . 
 
 79 
 
 Hulme V. Coles . 
 
 , 
 
 575 
 
 Kensington, Ex parte 
 
 467 
 
 Hume V. Bentley . 
 
 , 
 
 5 
 
 Ken worthy v. Schofield 
 
 76 
 
 — V. Pocock 
 
 . 
 
 4 
 
 Keppell V. Bailey 
 
 197 
 
 Humphries v. Brogden 
 
 , 
 
 372 
 
 Kerr v. Pawson . 
 
 7 
 
 Hunt V. Elmes 
 
 , 
 
 496 
 
 Kershaw v. Kalow . 
 
 473 
 
 Hunter v. Nookolds . 
 
 , 
 
 480 
 
 — V. Kershaw . . 
 
 15 
 
 — V. Rawlins 
 
 
 495 
 
 Keys V. Williams 
 
 466 
 
 — V. Walters 
 
 
 492 
 
 Keyse v. Hayden . 
 
 3 
 
 Hurst V. Hurst 
 
 
 472 
 
 Kidd V. Rawlinson 
 
 744 
 
 Hutton V. Criitwell . 
 
 , 
 
 749 
 
 Kilpin V. Kilpin . 
 
 201 
 
 Hyde v. Wrench *. 
 
 
 77 
 
 King, In re 
 
 — V. Lord of the Manor 
 
 of Hendon 
 
 — w. Inhabitants of Fer- 
 
 188 
 178 
 
 Innes v. Jackson 
 
 . 
 
 461 
 
 rybridge . . 
 
 29 
 
 Irons V. Smallpiece 
 
 
 727 
 
 — V. Savery 
 
 — V. Smith . . . 
 
 — V. Wilson 
 Kinnoul (Earl of) v. Money 
 
 189 
 
 471 
 
 18 
 
 485 
 
 Jackson, ^x parte 
 
 
 739 
 
 Kinsman v. Kinsman . 
 
 169 
 
 — V. Innes . 
 
 
 462 
 
 Kirkwood v. Thompson 
 
 475 
 
 — V. Lever 
 
 
 80 
 
 Knight V. Majoribanks . 
 
 189 
 
 James v. James 
 
 
 471 
 
 KnoUys v. Shepherd . 
 
 84 
 
 — V. Litchfield 
 
 
 493 
 
 Knott, Ex parte . 
 
 489 
 
 Digitized by Microsoft® 
 
TABLE OP CASES. 
 
 XXXIX 
 
 PAGE 
 
 Lacey, Ev parte . . . 189 
 Lacon v. Allen . . 466 
 Laird v. Birkenhead Rail- 
 way Co. . . . 78 
 Lake v. Craddock . . . 200 
 
 — V. Gibson . . 200 
 Lambert v. Rogers . . 205 
 Lane v. Jackson . .154 
 Langdale (Lady) v. Briggs 482 
 Langstaffw. Nicholson , 75 
 Lansdowne (Marquis of) v. 
 
 Marchioness Dowager 
 of ditto . . . 
 
 Larchin v. N. W. Deposit 
 Bank . . . 
 
 Lavies, litre . 
 
 Lawton v. Lawton . . 
 
 Layard v. Maud 
 
 Laythoarp v. Bryant . . 
 
 Lee V. Angus . 
 
 — V. Gaskell . . . 
 
 — V. Howlett . 
 Le Neve v. Le Neve . 149, 
 Leslie v. Tomson . .17 
 Letts V. Hutchins 
 Lewes' Trusts, Re 
 Lewin v. Guest 
 Lewis V. Duncombe 
 
 — V. Henderson . 
 
 — V. Lewis 
 Leyland v. Illingworth 
 Limmer Asphalte Paving 
 
 Co. V. Commissioners 
 
 of Inland Revenue 
 Lindon v. Sharpe 
 Liugard v. Mesaiter . . 
 Lingham v. Biggs 
 Litchfield v. Brown . . 
 Livesey v. Harding . 
 Lloyd V. Attwood . . 
 
 — V. Banks . 
 Llynvi Coal and Iron Co., 
 
 Ex parte 
 Load V. Green . 
 Lockhart v. Hardy . . 
 Lomax v. Buxton 
 London Bridge Approaches 
 
 Act, Re . . 84, 
 Longbottom v. Berry . 
 Longstaffi". Meagoe . 
 Loveridge v. Cooper 
 Levering, Ex parte . 
 Low V. Carter 
 
 310 
 
 743 
 315 
 729 
 495 
 
 75 
 492 
 
 74 
 499 
 162 
 
 27 
 463 
 140 
 
 11 
 480 
 738 
 482 
 
 22 
 
 208 
 749 
 746 
 746 
 15 
 205 
 496 
 500 
 
 315 
 747 
 476 
 752 
 
 196 
 729 
 728 
 499 
 746 
 201 
 
 Lowndes v. Norton . 
 Lowry's Will, Re . 
 Lowther v. Carlton . 
 Lucas V. Comerford 
 
 — V. James 
 Luker v. Dennis . 
 Lushington v. Boldero 
 Lyddall v. Weston 
 
 PAGE 
 
 310 
 
 84 
 
 494 
 
 467 
 
 21 
 
 197 
 
 309 
 
 23 
 
 Macdona v. Swiney . . 730 
 Mackay, Ex parte . 560, 737 
 Macqueen v. Farquhar . . 487 
 M'Creight v. Foster . . 441 
 Madeley v. Booth . . . 6 
 Mahon (Lord) v. Lord Stan- 
 hope . . . . 309 
 Mainpiece v. Reason . .192 
 Major V. Ward . . . 473 
 Malcolm v. Charlesworth . 149 
 Mann v. Stephens . . 197 
 Manners (Lord) v. Johnson 198 
 Manser v. Back . . . 29 
 March v. Lee . . . 489 
 Marlborough (Duke of) v. 
 
 St. John . . .311 
 Marples v. Hartley . . 739 
 Marshall v. Green . . 74 
 Martin v. Cotter . . 21, 23 
 
 — V. Mitchell . .462 
 
 — V. Roe . . . 729 
 Martindale v. Booth . . 730 
 Martinez v. Cooper . . 495 
 Mason v. Broadbent . . 480 
 
 — V. The Stokes Bay 
 Pier and Railway Co. 78 
 
 Massey v. Nanney . .212 
 
 — V. Sladen . . . 767 
 Master v. Hansard . .198 
 Mather v. Fraser 729, 731, 735, 
 
 751 
 Matthews, In re . .746 
 Maundrell v. Maundrell, 223, 489 
 Mawson V. Fletcher . . 14 
 May V. Great Western Rail- 
 way Co. ... 344 
 Mayfield v. Burton . . 490 
 
 — V. Wadsley . . 73 
 Meadows v. Tanner . . 28 
 Meek v. Bayliss . . . 513 
 Mellish V. Motteux . . 21 
 
 — «. Vallens. . . 483 
 Mercer v. Peterson . .750 
 
 Digitized by Microsoft® 
 
xl 
 
 TABLE OF CASES. 
 
 
 PAGE 
 
 
 PAGE 
 
 Mertins v. JoUiffe 
 
 487 
 
 Nicholson v. Cooper . 
 
 741 
 
 Metropolitan Eailway Co. 
 
 
 — V. Reyill 
 
 575 
 
 V. Woodhouse . . 
 
 78 
 
 North British Company v 
 
 
 Meux V. Bell . 
 
 502 
 
 Hallett . 
 
 500 
 
 — V. Jacobs 728, 735 
 
 741 
 
 Nott V. Rioard 
 
 14 
 
 — V. Maltby 
 
 493 
 
 
 
 Mioklethwaite v. Mickle- 
 
 
 
 
 thwaite . . . 
 
 308 
 
 O'Connor, Arthur, Re . 
 
 743 
 
 Millett V. Davey 
 
 477 
 
 Ogilvie V. Foljambe . 
 
 29 
 
 Milnes v. Branch . . . 
 
 199 
 
 — V. JeafiFreson 
 
 492 
 
 Mirehoiise v. Eennell 
 
 422 
 
 Oldfield V. Round . 
 
 21 
 
 Mogg V. Baker . 
 
 755 
 
 Olding V. Smith . 
 
 75 
 
 Molton V. Camroux . . 
 
 189 
 
 Oriental Banking Co. v 
 
 
 Moody V. Corbett 
 
 344 
 
 Coleman . 
 
 751 
 
 — V. King . . . 
 
 223 
 
 Oriental Financial Corpora- 
 
 •^ 
 
 Moore v. Culverhouse 
 
 149 
 
 tion V. Overend & Co 
 
 575 
 
 — V. Gregg 
 
 467 
 
 Osborne v. Harvey . 
 
 3,4 
 
 — V. Moore . . . 
 
 484 
 
 Otter V. Lord Vaux 
 
 475 
 
 Moores v. Choat 
 
 467 
 
 Overton v. Banister . 
 
 188 
 
 Morewood v. South York- 
 
 
 
 
 shire Railway Co. 
 
 743 
 
 
 
 Morgan v. Minett . . . 
 
 190 
 
 Pain V. Coombs 
 
 78 
 
 Morris v. Barrett 
 
 200 
 
 Paine v. Meller . 
 
 79 
 
 — V. Morris . . . 
 
 308 
 
 Paine's Case 
 
 223 
 
 — V. Wilson 
 
 75 
 
 Painter v. Newby . 
 
 22 
 
 Mortimer v. Bell . . . 
 
 28 
 
 Palmer v. Hendrie . 
 
 476 
 
 — V. Capper . 
 
 80 
 
 Palmerston (Lord) zj.Turner 
 
 15 
 
 Mortlock V. Buller . . 
 
 80 
 
 Paramore v. Greenslade 
 
 206 
 
 Moule V. Garrett 
 
 236 
 
 Parker v. Clarke 
 
 490 
 
 Moulton V. Edmonds .139 
 
 ,143 
 
 — V. Staniland 
 
 73 
 
 Mountford, Ex parte . 
 
 466 
 
 Parkes v. White 
 
 189 
 
 Moxhay v. Inderwick . . 
 
 199 
 
 Parkin v. Thorold 
 
 14 
 
 MuUett V. Green 
 
 746 
 
 Parkinson v. Hanbury 
 
 475 
 
 Mullings V. Trinder . . 
 
 81 
 
 Parr v. Lovegrove 
 
 204 
 
 Mumford v. Stohwasser 489 
 
 ,490 
 
 Parry v. Wright 
 
 , 203 
 
 Mumma v. Mumma . 
 
 201 
 
 Partridge v. Foster 
 
 152 
 
 Mundy v. Jolliffe . . . 
 
 78 
 
 — lie Mary 
 
 184 
 
 Murray v. Mackenzie 
 
 743 
 
 Patch V. Wild 
 
 478 
 
 
 
 Paton V. Brebner 
 
 8 
 
 
 
 Pattison v. Long . 
 
 6 
 
 Napper v. Lord AUington . 
 
 196 
 
 Paynter v. Carew 
 
 476 
 
 Nelson v. Booth 
 
 478 
 
 — V. Newby 
 
 13 
 
 — V. Page . . . 
 
 483 
 
 Peacock v. Burt 
 
 489 
 
 ■ — V. Stocker 
 
 188 
 
 Pearl v. Deacon . 
 
 470 
 
 Nelthorpe v. Holgate . . 
 
 13 
 
 Pears v. Wrightman . 
 
 482 
 
 Neve V. Flood . 
 
 164 
 
 Pearse, Re, Ex parte Little 
 
 
 — V. Pennell . . . 
 
 149 
 
 dale 
 
 . 501 
 
 Neville v. Rivers 
 
 223 
 
 Pearson v. Benson . 
 
 189 
 
 Newton v. Chandler . . 
 
 755 
 
 Pembroke v. Friend 
 
 . 484 
 
 — V. Chorlton . 470 
 
 675 
 
 Pendleton v. Booth . 
 
 . 481 
 
 — V. Newton . 487 
 
 ,497 
 
 Penhall v. Elwin 
 
 . 744 
 
 — , V. Ricketts . 
 
 142 
 
 Pennell v. Reynolds 
 
 . 751 
 
 Nioholls V. Maynard . . 
 
 463 
 
 Penton v. Robart 
 
 . 730 
 
 Digitized by Microsoft® 
 
TABLE OF OASES. 
 
 xli 
 
 Perkins v. Bradley . 
 Perry Herrick v. Attwood 
 Phene's Trusts, He . 
 Phillips V. Caldcleugh . 
 
 — V. Commissioners of 
 Inland Revenue 
 
 — V. Miller 
 
 — V. Phillips 
 
 — V. Smith 
 Phipps V. Lovegrove 
 Pickard v. Bretts 
 Pidgley v. Bawling 
 Pigott V. Bullock 
 
 — V. Pigott 
 Piloher v. Rawlins 
 Pinhorn v. Sonster 
 Pocock V. Lee . 
 Poole's Case . 
 Poole V. Shergold 
 Portman v. Mill . 
 Potter V, Commissioners of 
 
 Inland Revenue . 
 
 — V. Duffield . 
 
 — V. Sanders 
 Pounsett V. Fuller . . 
 Powdrell v. Jones 
 
 — Use parte . 
 Powell V. Dillon 
 
 — V. Double . 
 
 — V. Edmunds . 
 
 — V. Jessop . 
 
 — V. Lovegrove . 
 
 — V. Smithson 
 Powlett (Earl of) v. Hood 
 Powys V. Blagrave * . 
 Pratt V. Bull 
 Presoott V. Prescott . 
 Price V. Barker 
 
 — Ux parte 
 Proctor V. Cooper 
 Prosser v. Watts 
 Pryce, In re 
 Purser v. Darby 
 Pyrke v. Waddingham . 
 
 PAGE 
 
 192 
 
 496 
 
 140 
 
 26 
 
 ai3 
 
 493 
 
 223 
 
 310 
 
 603 
 
 744 
 
 311 
 
 310, 311 
 
 462 
 
 487 
 
 559 
 
 485 
 
 729 
 
 79 
 
 19 
 
 213 
 
 37 
 
 76 
 
 12, 83 
 
 224 
 
 746 
 
 75 
 
 25 
 
 29 
 
 74 
 
 78 
 
 23 
 
 196 
 
 310 
 
 153 
 
 310 
 
 575 
 
 728 
 
 160 
 
 139 
 
 502 
 
 206 
 
 81 
 
 Queen v. The Lady of the 
 
 Manor of Dullingham . 177 
 — V. Lee . ■ • 729 
 
 Ramsay v. Blair . 
 Ramsden v. Lupton . 
 Randall v. Rigby . 
 Randfield v. Randfield 
 Ratcliffe v. Burnard 
 Ravald v. Russell 
 Ray V. Pung 
 Rayne v. Baker 
 Reeve v. Hiclis 
 
 — V. Whitmore . 
 Reeves v. Gill 
 Reg. V. Ellis 
 — V. Wilson 
 
 E. ». Otley . 
 Raffety v. King 
 
 730 
 470 
 
 PAGE 
 371 
 
 739 
 199 
 176 
 497 
 470 
 223 
 496 
 462 
 759 
 206 
 166 
 179 
 
 Regent's Canal Co. v. Ware, 15, 78 
 Rice V. Rice . . 487, 497 
 Richards v. James . . 741 
 
 Richardson v. Kensit . 176 
 
 Rider v. Kidder . . . 201 
 Ridgway v. Wharton . . 75 
 Riley v. Croydon . . . 470 
 Rittson V. Sturdy . .190 
 Roach V. Wadbam . . 199 
 
 Roberts v. Ball . . .163 
 
 — V. Berry . . . 14 
 
 — V. Croft . 466, 496 
 
 — V. Haines . . 372 
 
 — V. Wyatt . .146 
 Robinson v. Briggs . . 739 
 
 — V. Collingwood . 740 
 
 — V. Harman . . 83 
 
 — V. Skelton . . 15 
 Rodwell V. Phillips . . 74 
 Rogers, Ux parte . . . 601 
 
 — V. Waterhouse . 81 
 Rolfe V. Chester . . . 469 
 Rolt V. Hopkinson . 493, 499 
 
 — V. Lord Somerville . 308 
 
 — V. White . . .490 
 Round V. Bell . . . 480 
 Rossiter v. Miller . 37, 77 
 Rowbotham v. Wilson . . 372 
 Rowe V. Wood . . .477 
 Rowland v. Cuthbertson . 224 
 Rowley v. Adams . . 15 
 Rowson V. Harrison . . 484 
 Rufford V. Bishop . . 746 
 Russell V. Plaice . . . 486 
 
 — V. Russell . . 466 
 Ryall V. Rowles . . 501, 727 
 
 Saokville v. Smith 
 
 . 484 
 
 Digitized by Microsoft® 
 
xlii 
 
 TABLE OF CASES. 
 
 
 
 PAGE 
 
 
 PAGE 
 
 Saiut Paul v. Birming 
 
 [lam 
 
 Smith V. Surman . 
 
 . 74 
 
 &c. Railway Co. 
 
 
 . 29 
 
 • — V. Timms 
 
 . 751 
 
 Salisbury v. Hatcher 
 
 
 . 81 
 
 — V. Topping . 
 
 . 747 
 
 Sal way v. Sawbridge 
 
 
 . 472 
 
 — V. Wall . 
 
 . 738 
 
 Samuell v. Howartb 
 
 
 . 575 
 
 — V. Watts . 
 
 . 3,7 
 
 Saunders v. Dehew . 
 
 
 . 489 
 
 — V. Webster 
 
 . 73 
 
 — Estate, Ee 
 
 
 . 192 
 
 Smithson v. Thompson . 
 
 469 
 
 Saunderson v. Jackson 
 
 
 . 75 
 
 Solomon v. Solomon . 
 
 484 
 
 Saveiy v. King 
 
 
 . 189 
 
 Somerset v. Cox . 
 
 503 
 
 — V. Underwood 
 
 
 . 12 
 
 South, He 
 
 159 
 
 Sayer o. Hughes . 
 
 
 . 201 
 
 Southby V. Hutt . 
 
 4 
 
 Seawin v. Seawin 
 
 
 201 
 
 Southcomb v. Bishop 
 
 
 Scholefield v. Lockwooc 
 
 
 . 485 
 
 Exeter 
 
 14 
 
 — He . . 
 
 
 185 
 
 Sowerby v. Fryer . 
 
 311 
 
 Scorell V. Boxall . 
 
 
 74 
 
 Spaokman v. Miller . 73 
 
 1,742 
 
 Scott V. Beecher 
 
 
 482 
 
 Sparke v. Montriou 
 
 205 
 
 — V. Hanson . 
 
 
 22 
 
 Spencer v. Pearson . 
 
 489 
 
 — V. Jackman 
 
 
 10 
 
 Spratt V. JefFery . 
 
 4 
 
 — V. Scott 
 
 
 206 
 
 Stanhope v. Earl Verney 
 
 488 
 
 Scrafton f. Quincey . 
 
 
 149 
 
 Stanger v. Wilkins . . 
 
 754 
 
 Seagram v. Knight. 
 
 31 
 
 0,311 
 
 Stansfield v. Cubitt . 
 
 742 
 
 Seaman v. Vawdrey . 
 
 
 23 
 
 — ii. Hallam 
 
 462 
 
 — V. Woods . 
 
 
 176 
 
 Stanton 11. Tattersall . 
 
 25 
 
 Selby V. Cooling 
 
 
 486 
 
 Stead V. Liddard . . . 
 
 85 
 
 — V. Pomfret . 
 
 
 468 
 
 Stocks V. Dobson 
 
 500 
 
 Selliok V. Trevor 
 
 
 3 
 
 Storry v. Walsh . . . 
 
 15 
 
 Shackleton v. Sutcliflfe 
 
 
 26 
 
 Stoveld V. Hughes 
 
 727 
 
 Shanks v. St. John . 
 
 
 5 
 
 Strachan v. Barton . . 
 
 754 
 
 Shaw V. Bunney . 
 
 
 475 
 
 Sutherland v. Briggs . . 
 
 78 
 
 — V. Johnson 
 
 "20 
 
 2,480 
 
 Swainston v. Clay 
 
 745 
 
 — V. Neale . 
 
 
 493 
 
 Sweet t). Meredith . . 
 
 103 
 
 Shears v. Jacob . 
 
 
 -743 
 
 — V. Southcote 
 
 487 
 
 Sheen, & parte 
 
 
 762 
 
 Sykes v. Giles . . . 
 
 203 
 
 Shepherd v. Doolun 
 
 
 82 
 
 
 
 Sheppard v. Keatley . 
 
 
 3,5 
 
 
 
 Sherwin v. Shakespeare 
 
 
 15 
 
 
 
 Shields v. Eice . 
 
 
 141 
 
 Tanner v. Smith 
 
 13 
 
 Shower v. Pilch . 
 
 
 727 
 
 Tate V. Austen . . . 
 
 485 
 
 Sidebotham v. Barrington . 
 
 11 
 
 Taylor, Hx parte 
 
 188 
 
 Siebert v. Spooner 
 
 
 749 
 
 — V. Eckersley . 73 
 
 7,747 
 
 Sikes V. Weld . 
 
 
 12,83 
 
 — V. Haygarth . . 
 
 192 
 
 Simmons v. Edwards 
 
 
 746 
 
 — V. Manners . 
 
 575 
 
 Simpson v. Morley . 
 
 
 165 
 
 — V. Meads . . . 
 
 187 
 
 — V. Sadd . 
 
 
 82 
 
 Tempest, £sc parte . 
 
 753 
 
 Smale v. Burr . 
 
 
 739 
 
 Tenison v. Eamsbottom 
 
 502 
 
 Smart v. Morton . 
 
 
 372 
 
 Terry, In re . 
 
 746 
 
 Smith V. Adams 
 
 17 
 
 9, 224 
 
 Tewart v. Tewart . . . 
 
 15 
 
 — V. Canuan . 
 
 74 
 
 9,751 
 
 Thomas v. Blackman 
 
 76 
 
 — V. Cheese 
 
 
 743 
 
 — V. Brown 
 
 37 
 
 — V. Clarke . 
 
 
 28 
 
 — V. Bering . . 
 
 77 
 
 — V. Glascock 
 
 , 
 
 176 
 
 — V, Thomas , 
 
 469 
 
 — V. Green 
 
 46 
 
 8,469 
 
 Thompson v. Cohen . . 
 
 768 
 
 — V. Smith 
 
 48 
 
 4,502 
 
 — V, Freeman 75 
 
 3,755 
 
 Digitized by Microsoft® 
 
TABLE OF CASES. 
 
 xliii 
 
 
 PAGE 
 
 
 PAGE 
 
 Thompson v. Hudson 
 
 478 
 
 Walker v. Moore 
 
 . 83 
 
 — ■;;, Pettit 
 
 . 729 
 
 — V. Smith . 
 
 . 190 
 
 — V. Tomkins 
 
 . 503 
 
 Wallis V. Morris 
 
 . 157 
 
 Thomson v. Judge 
 
 . 190 
 
 — V. Sarrel 
 
 15 
 
 Thornett v. Haines 
 
 . 28 
 
 Walmisley v. Butterworth 
 
 . 307 
 
 Thorneycroft v. Crockett 
 
 . 477 
 
 — V. Milne . 75 
 
 9,731 
 
 Thornton v. Finch 
 
 159 
 
 Walsh V. Bishop of Lincoli 
 
 1 422 
 
 Thorpe v. Brumfitt . 
 
 405 
 
 Walter v. Maunde 
 
 5 
 
 Thresher v. East Londor 
 
 
 Walters v. Webb 
 
 . 177 
 
 Waterworks Co. 
 
 729 
 
 Wansbrough v. Maton . 
 
 . 730 
 
 Thurlow V. Maokeson 
 
 475 
 
 Want V. Stallibrass . 
 
 . 11 
 
 Tilley v. Thomas . 
 
 . 14 
 
 Warburton v. Farn 
 
 . 307 
 
 Toms V. Wilson 
 
 757 
 
 Warde v. Dickson 
 
 . 11 
 
 Tooker v. Annesley 
 
 310 
 
 Wardell v. Usher . 
 
 312 
 
 Torrance v. Bolton . 
 
 30 
 
 Warner v. Willington 
 
 75 
 
 Townsend v. Champernowr 
 
 I 11 
 
 Warren v. Howe . 
 
 . 213 
 
 Tracy v. Lawrence 
 
 473 
 
 Warwick v. Bruce 
 
 . 73 
 
 Traherne v. Gardener 
 
 . 175 
 
 Wason V. Wareing 
 
 493 
 
 Trotman v. Flesher 
 
 78 
 
 Waterfall v, Penistone 
 
 735 
 
 Tucker v. Barrow 
 
 201 
 
 Watkins, Has parte 
 
 746 
 
 Tuer V. Turner 
 
 183 
 
 Watluig V. Horwood . 
 
 84 
 
 Tulk V. Moxhay 
 
 197 
 
 Watson V. Spratley 
 
 74 
 
 Tunstall v. Trappes 
 
 162 
 
 Watts V. Symes 
 
 468 
 
 Turner, Be 
 
 165 
 
 — V. Watts . 
 
 78 
 
 — V. Wright . 
 
 310 
 
 Weaver v. Joule 
 
 730 
 
 Turpin v. Chambers . 
 
 13 
 
 Webb V. Hewitt . 
 
 575 
 
 Tuton V. Sanoner . . . 
 
 742 
 
 — V. Hughes 
 
 14 
 
 Twining v. Morrioe . 
 
 28 
 
 — V. Kirby 
 
 3 
 
 Twyne's Case . . . 
 
 742 
 
 Weddall »., Nixon 
 
 15 
 
 Tyler v. Thomas 
 
 170 
 
 Wellesley v. Wellesley . 
 
 308 
 
 • — V. Yates . . . 
 
 331 
 
 — V. Withers 
 
 175 
 
 
 
 Wells V. Kilpin 
 
 159 
 
 
 
 — V. Maxwell 
 
 14 
 
 Underwood, In re . . 
 
 518 
 
 Wensley, Bic parte . 75 
 
 1,755 
 
 Union Bank of Manchester, 
 
 
 West V. Fritch 
 
 559 
 
 Hx parte . 
 
 501 
 
 Westbrooke v. Blythe 
 
 162 
 
 Ungley v. Ungley . . . 
 
 79 
 
 Western v. Macdermott 
 
 19^ 
 
 Upperton v. Nicholson 
 
 11 
 
 Westminster Loan and Dis- 
 
 
 
 
 count Co. V. Chaoe 
 
 743 
 
 
 
 Whatman v. Gibson . . 
 
 198 
 
 Vance v. Vance . i . 
 
 201 
 
 Whitbread, Hx parte . 
 
 466 
 
 Van Casteel v. Booker 
 
 754 
 
 — V. Jenning . . 
 
 176 
 
 Vane v. Lord Barnard . . 
 
 308 
 
 — V. Smith . 
 
 462 
 
 — (Earl) V. Rigden 
 
 486 
 
 White V. Bradshaw . . 
 
 21 
 
 Vickers v. Hand , . . 
 
 15 
 
 — V. Cuddon 
 
 36 
 
 Viney v. Chaplin 
 
 203 
 
 — V. Proctor . . . 
 
 76 
 
 Vint V. Padgett . . . 
 
 468 
 
 Whitehead v. Bennett 
 
 729 
 
 Vorley v. Cooke 
 
 492 
 
 Whitfield v. Brand . . 
 
 745 
 
 J 
 
 
 Whitmore v. Claridge 
 
 749 
 
 
 
 — V. Empson . 73 
 
 1, 735 
 
 Waldo V. Waldo . . . 
 
 309 
 
 Whittemore v. Whittemore 
 
 20,35 
 
 Waldron v. Sloper 
 
 495 
 
 Whitworth v. Gaugain 
 
 152 
 
 Walker v. Jefferies . . 
 
 14 
 
 Wicks V. Scrivens . . 
 
 470 
 
 Digitized by Microsoft® 
 
xliv 
 
 TABLE OF CASES. 
 
 Wilcoxen v. Searby . 
 Wilkias v. Fry 
 Wilkinson v. Hartley 
 Willes V. Greenhill 
 Williams v. Bosanquet 
 
 — V. Cooke 
 
 — Ex parte 
 
 — Estate, Be 
 
 — V. Glenton . 
 
 — V. Jordan 
 
 — V. Owen 
 
 — V. Thorp 
 
 — V. Williams . 
 Willoughby v. Willoughby 
 
 PAGE! 
 
 . 744 
 
 . 320 
 
 . 31 
 
 . 503 
 
 . 467 
 
 . 183 
 
 . 737 
 165, 376 
 
 . 15 
 
 37 
 
 469 
 
 501 
 
 310 
 
 488, 
 
 489 
 
 4 
 
 . 197 
 
 181, 315 
 
 . 729 
 
 Wilmot V. Wilkinson 
 Wilson V. Hunt . 
 
 — In re 
 Wiltshear v. Cotterill 
 
 Winch V. Winchester . 1 9 
 "Winchester (Bishop of) v. 
 
 Knight. . . . 311 
 
 — V. Payne 169 
 Winder, Hx parte . .752 
 
 Winn V. Bull . . . 77 
 
 Winstanley, In re . . 752 
 
 Wood V. Dixie . . . 711 
 
 PAGE 
 
 Wood V. Gaynon . .310 
 
 — V. Hewitt . . . 730 
 
 — V. Midgley . . 77 
 
 — Inre . . . 749 
 
 — V. Wood . . .462 
 Wooderman v. Baldock . 730 
 Woodhouse v, Murray . . 750 
 Woods V. Huntingford . 482 
 Woodward v. Miller . . 28 
 Woolstenoroft v. Woolsten- 
 
 croft . . .483 
 
 Worsley v. Earl of Soar- 
 borough . . 169, 494 
 Wright, In re 
 
 — V. Bose 
 
 — V. Snowe 
 
 — V. Wakeford 
 Wright's Mortgage Trust 
 Wynne v. Morgan 
 Wythes v. Lee . 
 
 748 
 518 
 188 
 142 
 149 
 80 
 12 
 
 Yates V. Plumb . . . 205 
 
 Yescombe v. Landor . . 152 
 
 Young V. Young . . . 487 
 
 — V. Waud . . 750 
 
 Digitized by Microsoft® 
 
APPENDIX. 
 
 Obsbhvations on the Land Transfer Act, 1875. 
 
 Introduction, 783. Preamble of Acts, 783. Persons who may register, 
 783. Effect of first registration, 783. Registration with a qualified 
 title, 784. Leasehold land, 784. What are not incumbrances under 
 the Act, 784. Registered charges, transfers, &c., 784. Transmission 
 of registered title, 784. Lessee may have notice of lease entered on 
 register, 784. Unregistered estates may be created by registered 
 owners, 784. Question to be considered whether it is to the interest 
 of landowners to register, 784. Proceedings necessary in order to ob- 
 tain registration with an absolute title, 784. Items of expense to be 
 incurred in order to obtain registration, 785. Effect of registration as 
 regards the first proprietor himself, 785. The expense saved by regis- 
 tration in case of a sale will probably be less than that incurred in 
 obtaining registration, 785. Whether the diminution of the purchaser's 
 expense by registration will increase purchase-money, 786. In large 
 transactions, 786. In small transactions, 786. Expense of completion 
 is increased by registration, 786. As to saving of expense on mortgages 
 by registration, 786. Expense of obtaining registration with possessory 
 title comparatively small, 787. Such registration useless in case of an 
 immediate sale or mortgage, and of doubtful advantage in case of a 
 sale or mortgage at a more remote period, 787. Other incidents of a 
 registered estate, 787. Power of disposition restricted by registration, 
 
 787. Limitation of power of disposition inconvenient where a strict 
 settlement is desired, 788. Argument that it is desirable to restrict 
 powers of disposition inapplicable to a voluntary system of registration, 
 
 788. Transmissions and devolutions of registered land will involve 
 trouble and expense, 788. Fraud and forgery how far registered owner 
 is protected against, 788. Position of registered proprietor not so secure 
 against forgery as that of an unregistered owner, 789. Whether the pro- 
 tection against fraud provided by the Act is suificient, 789. Conclusions 
 drawn from above observations, 790. Registration not likely to be re- 
 sorted to, 790. Land cannot be withdrawn from register, 790. Possibility 
 of proposal to make registration compulsory, 790. Compulsory provision 
 originally in Lord Cairns' Bill was withdrawn because of the additional 
 expense that it would cause in small transactions, 790. Whether any- 
 
 VOL. I. d 
 
 Digitized by Microsoft® 
 
xlvi 
 
 APPENDIX. 
 
 thing can be done to lessen tlie expense attending the transfer of land, 
 791. Suggestions as to reforms in the law and practice which might be 
 introduced, 791. Extension of Lord Cranworth's Act, 791. Limitation 
 of the doctrine of constructive notice, 791. Registration of assurances, 
 791. Abstract of title, 791. 
 
 B. 
 
 An Act to amend the law of vendor and purchaser, and further to simplify 
 title to land, 792 
 
 Digitized by Microsoft® 
 
CONDITIONS OF SALE. 
 
 Upon a sale by auction, the property which is the particulars 
 subject of the_ sale is usually described in printed par- dmouT" 
 ticulars, to which are annexed conditions specifying the 
 terms and stipulations subject to which the sale is to be 
 made. 
 
 Conditions of sale may be conveniently considered Division or 
 under the following heads :— I. Conditions relating to Soon-"-""" 
 title and evidence of title. II. Conditions relating to*^""""" 
 the completion of the purchase. III. Conditions re- 
 lating to misdescriptions in the particulars, and com- 
 pensation in respect thereof IV. Conditions relating 
 to other matters, and Conditions generally. 
 
 I. Conditions relating to title a7id evidence of title. 
 
 "When a person offers an estate for sale without The obuga- 
 qualification, he impliedly asserts that it is his to sell, vencS iS to 
 and IJiat he has a good title. He is therefore bound, mlTnu'e 
 in the absence of stipulation, to deduce and verify his stipXtion. 
 title for a period of at least forty years preceding the 
 day of sale (a). This obligation involves the delivery 
 to the purchaser of an abstract of title extending over 
 the above period ; the production at his own expense 
 of all deeds and documents stated in the abstract, 
 
 (a) By the statute 37 & 38 Vict. c. in fee simple might not, in fact, be 
 
 78, sect. 1, forty years is substituted held for a life or lives still existing. 
 
 for sixty years, which was the old See Else v. Else, L. R. 13 Eq. 196, 
 
 rule, and which was calculated with where the production of a will, 
 
 reference to the probable duration dated nearly fifty years prior to the 
 
 of human life, it being considered day of sale, revealed the fact that 
 
 that sixty years was the shortest the vendor's estate was determin- 
 
 period at the end of which it could able on the death, without issue, of 
 
 be fairly presumed that property a person still living and childless. 
 represented or supposed to be held 
 
 VOL. I. B 
 
 Digitized by Microsoft® 
 
■^ CONDITIONS or SALE. 
 
 whether in his possession or not ; the identification of 
 the property as described in the Particulars with the 
 property described in the several documents of title, 
 and the strict proof by certificates, declarations, or 
 otherwise, of all births, marriages, deaths, heirships, 
 and other matters and facts forming a link in the chain 
 of title, unless such facts are stated in documents 
 twenty years old, in which case the recital, or statement 
 is under the new rules enacted by the " Vendor and 
 Purchaser Act, 1874" (&), made sufficient evidence. 
 Purchaser's It is scldom that the state of a vendor's title makes 
 
 rights m , 
 
 respect of it ^afc for him to proceed to a sale under the full obli- 
 
 tne vendors , ^ -^ , , . . ^ 
 
 rertrTotedb g^^ion above mentioned, and it is therefore usual to 
 conditions, insert conditions restricting the legal rights of the pur- 
 chaser. The extent to which this ought to be done 
 depends on the particular circumstances of each title, 
 and in preparing conditions, the vendor's solicitor 
 should bear in mind — ^first, that it is his duty to protect 
 his client from being put to any expense which may 
 be guarded against by reasonable conditions; and, 
 secondly, that to insert very stringent conditions may 
 have the effect of damping a sale and deterring pur- 
 chasers; and it is therefore sometimes desirable to 
 incur a small expense on the vendor's part, when by 
 so doing the necessity of imposing a very stringent 
 condition is avoided. 
 4l™mce- When the vendor has in his possession or power a 
 deed of about forty years old, which wiU form a good 
 root of title, and the title is by the subsequent deeds 
 duly and regularly deduced therefrom, and there are 
 no special circumstances making it desirable to com- 
 mence at a more recent date, the abstract should be 
 made to commence with such de'ed. But where this 
 cannot conveniently be done, a condition must be 
 inserted making the abstract to commence with a deed 
 of more recent date. In the case of small properties, 
 the production of a thirty or twenty years, or even a 
 shorter title, will often be deemed sufficient, and a con- 
 dition to that effect will not deter a purchaser. 
 
 ^ „ Having determined on the document with which the 
 
 lorn'oSg ■title is to commence, there should be a condition that the 
 
 (6) Sec. 2, rule 2. 
 
 Digitized by Microsoft® 
 
 ment of the 
 title, 
 
 Condition 
 preclnding 
 
CONDITIONS OF SALE. 3 
 
 abstract shall begin with such document, and it is usual '"estfgaMng 
 to provide that the purchaser shall not inquire into, or '='""''°''*'"'- 
 make any objection in respect of the earlier title, 
 whether referred to in any abstracted document or not. 
 A condition merely providing that no title shall be 
 called for antprior to a certain date, does not preclude 
 the purchaser from objecting that the title is defective 
 on the face of it, or from proving aliunde that it is 
 so (c). And even a condition expressly precludiner the suciiacon- 
 purcJaaser trom objectmg to the earher title cannot be S°*i^f''i;?"'"i 
 relied on, if inserted in order to conceal a serious ^°^ed^'"^ 
 defect which the production of a prior document would »«™j{' 
 have disclosed. Thus, where upon a sale by the Court 
 of Chancery there was this condition, and the pur- 
 chaser discovered and produced a Avill known to the 
 vendor dated prior to the stipulated commencement of 
 the title, from which will it appeared that the vendor's 
 estate was determinable on the death without issue of 
 a person still living and childless, the Court refused to 
 enforce the contract (d) ; and it is apprehended that 
 the decision would have been the same had the sale 
 been an ordinary one. 
 
 Where a vendor is aware that his title is defective, betoCTtoa" 
 the only proper and safe course is to state clearly on "^^^^'^^'"'' 
 the face of the conditions the nature of the defect, and ^|{^""™ 
 to provide that no objection shall be made on account 
 thereof (e), or to refer the purchaser to, and give him 
 an opportunity of inspecting before the sale, the docu- 
 ments showing the real- state of the title, and provide 
 that he shall accept such a title as the documents dis- 
 close. A general condition which does not state that 
 there is any defect, though its language would be suffi- 
 ciently comprehensive to cover it if known to exist, 
 will not protect the vendor. Thus, where the con- 
 ditions provided that no objection should be taken in 
 
 (c) Sellick V. Trevor, 11 M. & (e) See Smith o. Watts, 4 Drew. 
 W. 722 ; 12 L. J. (N. S.) Ex. 401 ; 338, as a case in which the condi- 
 Shepherd v. Keatley, 1 C. M. & R. tion was held sufficiently precise, 
 117 ; 3 L. J. (N. S.) Ex. 288 ; and Drysdale v. Mace, 5 De G. M. 
 Keyso v. Hayden, 20 L. T. E. 244 ; & G. 103 ; "Webb v. Kirby, 7 ib. 
 Jones V. Clifford, L. R. 3 C. D. 376 ; and Osborne v. Harvey, 7 
 779. Jnr. 229, as cases where the con- 
 
 (d) Else V. Else, L. R. 13 Eq. dition was held not binding, be- 
 
 196. See also Harnett v. Baker, ib. cause not expressed with sufficient ' 
 
 20 Eq. 50. clearness. 
 
 B 2 
 
 Digitized by Microsoft® 
 
^ CONDITIONS OF SALE. 
 
 respect of a specified under-lease, or in respect of" any- 
 other under-lease " prior to a certain date, and it ap- 
 peared that there was another existing under-lease 
 known to the vendor, it was held that he ought to have 
 disclosed it, and had not relieved himself of this obli- 
 gation by the general condition (/). 
 Condition A vendor may stipulate for the sale of an estate 
 ciiasw"hau with such title only as he happens to have, and a pur- 
 'tttieM^"° chaser buying under such a contract cannot complain if 
 he gets a defective title {g). Thus, where on a sale by 
 the assignees of a bankrupb it was provided that the 
 purchaser should have an assignment of the bankrupt's 
 interest " under such title as he lately held the same, 
 an abstract of which may be seen at the office of the 
 solicitor," and the auctioneer stated that it was a re- 
 sale on account of a defect in the title, and that the 
 purchaser was not to expect a good title, the purchaser 
 was compelled to complete, although the title was de- 
 fective {h). So where the purchaser agreed to take the 
 vendor's title without dispute, he was not allowed to 
 object on account of the legal estate being outstand- 
 ing {i). But a condition, that the purchaser shall only 
 be entitled to the production of such of the deeds as 
 are in the vendor's possession, does not affect the right 
 of the purchaser to require the deduction of a good 
 title, and to have the title verified by the production of 
 other satisfactory evidence, if the deeds themselves are 
 not produced [j). Conditions will not be construed to 
 relieve the vendor from- the liability of verifying the 
 abstract by proper evidence, unless they are expressed 
 in plain and unambiguous language to that effect. 
 
 If the facts of a title are stated, and it is then stipu- 
 lated that the purchaser shall take such title as those 
 circumstances can confer upon the vendor, the pur- 
 chaser will be bound to take the title, such as it is ; 
 but if the conditions state as a positive fact, and not 
 as a conclusion of law from the circumstances detailed, 
 
 (/) Edwards v. Wickwar, L. E. 1 379. 
 Eq. 68. ft) Freme v. Wright, uhi suprd. 
 
 (g) Freme v. Wright, 4 Madd. (i) Duke v. Barnett, 2 Coll. 0. C. 
 
 364. See also Wilmot v. Wilkin- 337. 
 
 son, 6 B. & C. 506 ; Spratt ii. Jef- (J) Soiithhy v. Hiitt, 2 M. & C. 
 
 fery, 10 B. & C. 249 ; 8 L. J. K. B. 207 ; Osborne v. Harvey, 7 Jur. 
 
 114 ; Hume v. Pocock, L. R. 1 Ch. 229. 
 
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COKDITIONS OF SALE. 5 
 
 that the vendor has a power to sell the fee, the pur- 
 chaser is entitled to require the vendor to show his 
 power to sell, as it naay have arisen from separate and 
 independent sources (k). 
 
 Under an open agreement to grant or assign a lease, om mie as 
 the intended lessor or vendor was, until the recent ductiou oT 
 statute, hound to produce and verify the lessor's title (Z), titie.^^^""^^ 
 unless the lease was by an ecclesiastical corporation (m), 
 and a condition that the vendor should not be required 
 to produce the lessor's title did not prevent the pur- 
 chaser from himself investigating the title and objecting 
 on the ground of defects thus discovered (n). But in 
 a case where the condition was that the lessor's title 
 would not be shown and should not be inquired into, 
 and the purchaser on inquiry discovered that the lessors 
 had no power of leasing the property, it was held that 
 he was precluded by the condition from raising any 
 objection to the title on this account (o). 
 
 By the "Vendor and Purchaser Act, 1874 " (p), New nue^as 
 it is provided that under a contract to grant or aue. 
 assign a term of years, whether derived or to be de- 
 rived out- of a freehold or leasehold estate, the intended 
 lessee or assign shall not be entitled to call for the title 
 to the freehold. It is apprehended that this enact- 
 ment will not prevent a purchaser from raising objec- 
 tions to the freehold title, on grounds discovered 
 aliunde. It is, therefore, still advisable on a sale of 
 leaseholds to stipulate that the lessor's title shall not 
 be inquired into, or any objection made in respect 
 thereof. 
 
 When renewable leaseholds are the subject of sale, it f^^^^^ 
 may be necessary to negative the right of the pur- 
 chaser to call for any of the leases which are prior in 
 point of date to the then subsisting lease. 
 
 On the sale in lots of a leasehold property, stated to 
 be held under one lease, no objection can be made on 
 account of a clause of re-entry being contained in the 
 lease applicable to the whole property (q). 
 
 (h) Johnson v. Smiley, 17 Beav. & R. 117 ; 3 L. J. (N. S.) Ex. 
 
 293 288. 
 
 (i) Sug. V. & P. 307 ; Shanks v. (o) Hume v. Bentley, 5 De G. & 
 
 St. John, L. R 2 C. P. 376. Sm. 520. 
 
 I 
 
 (m) Fane I.. Spencer, 2 Mer. 430. (p) Sec. 2, rule 1. , , „ ,„ 
 
 [n) Shepherd v. Keatley, 1 C. M. (g) Walter v. Maunde, 1 J. & SS . 
 
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6 CONDITIONS OF SALE. 
 
 tosrslTouid If the property oflFered for sale is an under-lease, the 
 be^soid as fa^Q^. gij^ouid appear in the particulars or in the condi- 
 tions ; for if it is described as a lease and it turns out 
 that the superior lease comprises other property, or 
 contains covenants different from those in the under- 
 . lease, so that the under-lessee is liable to eviction for a 
 breach of covenants in respect of the other property, or 
 for a breach of any covenants other than those con- 
 tained in the under-lease, the contract cannot be en- 
 forced against the purchaser (r). But if the superior 
 lease does not comprise other property, and the cove- 
 nants in it are identical with those in the under-lease, 
 and the rent reserved is a peppercorn or nominal rent 
 merely, so that the purchaser paying the rent and ob- 
 serving the covenants in the under-lease, will be safe 
 from eviction by the superior lessor, it is apprehended 
 that specific performance could not be resisted. In 
 Madeley v. Booth (s), property sold as a lease for ninety- 
 nine years was discovered to be an under-lease for 
 ninety-nine years wanting three days, and the Court 
 refused to enforce specific performance. But in Dar- 
 lington V. Hamilton (t), Wood, V.-C, treated Madeley 
 V. Booth as decided merely on the ground of the want 
 of the three days, and observed, " It has never been 
 decided that if a person having a clear title as lessee 
 for a term makes another lease for a shorter term, and 
 then the under-lessee sell by auction the under-lease, 
 describing it as a lease, and subject to a condition of 
 sale that the lessor's title is not to be inquired into, 
 and the lessor's title is perfectly good, and is not a 
 freehold, but only a term of years, this alone would 
 be a reason for resisting specific performance." It is 
 conceived that His Honour's observations do not 
 apply where thesuperior lease reserves a substantial or 
 more than nominal rent ; because the liability of the 
 under-lessee to pay such rent in case of default by the 
 mesne lessee in order to prevent eviction, would be an 
 inconvenience to which he might reasonably object, and 
 it would not be a sufficient answer to such objection that 
 
 181 ; Pattison v. Long, 6 Beav. 16 L. J. C. P. 159 
 
 590. (s) 2 De G. & Sm. 718. 
 
 (r) Darlington v. Hamilton, Kay, (t) 1 Kay, 550, 
 550 ; Blake v. Phinn, 3 C. B. 976 ; 
 
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CONDITIONS OF SALE. 7 
 
 if called on to do so, he could deduct the rent so paid 
 by him from the rent due to his own lessor. 
 
 If property is sold as an under-lease, the purchaser Purchaser of 
 "will be considered to have constructive notice of all lease has 
 usual covenants in the original lease (u), and it is not notice of 
 an objection to the title that the under-lease may be- nants in 
 come forfeited by the breach of the covenants of the lease 
 original lease (v). As a general rule it is desirable on 
 the sale of an under-lease, to offer to the purchaser the 
 inspection of the original lease, if the vendor can pro- 
 cure its production for that purpose (w), but if he is not 
 in a position to do this, he should preclude the pur- 
 chaser from requiring the production by a special con- 
 dition, as the " Vendor and Purchaser Act, 1874 " (,'), 
 applies to the freehold title only. 
 
 On the sale of an estate held on lives, the vendi >r Prori-rty 
 must supply the purchaser with the requisite evidence iives. 
 in proof of the existence and correct ages of the ccntuis 
 que vie. 
 
 In the absence of stipulation, the title to tithes which ™e to 
 are held as a lay property must commence with the 
 original grant from the Crown, and then the title should 
 be taken up and regularly deduced for a period of forty 
 years previous to the time of sale (v/). 
 
 In the case of copyholds which have been enfran- Jij'.f^™- 
 chised, the purchaser, in the absence of express stipu- m>yi^oiis- 
 lation, is entitled to call for the production, not only of 
 the copyhold title, but also of the title of the lord of 
 the manor down to the period of the enfranchisement. 
 But this rule does not apply where the enfranchisement 
 is under the Copyhold Acts (z). 
 
 And, in the absence of express stipulation, on the Allotments. 
 purchase of allotments under an Inclosure Act, the 
 title to the property in respect of which the allotment 
 is made must be deduced down to the period of the 
 award, and if the allotment is made in respect of all 
 the tenant's lands, it is necessary to deduce the title to 
 all of them ; and it may be useful to notice that such 
 
 lu) Fli"-ht V. Barton, 3 M. & K. {y) It seems doubtful wliether 
 
 282 sections 1 and 2 of the "Vendor and 
 
 (v) Hayford v. Griddle, 22 Bcav. Purchaser Act, 1874," are applicable 
 
 4177 ' •' to a contract for sale of lithe-rent 
 
 (w) Smith ». Watts, 4 Drew. 338. charge. 
 
 (x) Sec. 2, rule 1. (?) Kerr v. Pawson, 25 Bcuv. 394. 
 
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8 CONDITIONS OF SALE. 
 
 allotments are freehold, copyhold, or leasehold, accord- 
 ing to the tenure of the land in respect of which the 
 allotment is made (a). 
 Bxchiiuges. Where the property sold has been the subject of a 
 common law exchange made previously to the 31st of 
 December, 1844, the vendor, in the absence of express 
 stipulation, must show a title not only to such lands, but 
 also to the lands given in exchange (6). But where an 
 exchange is made under the powers of the " General 
 Inclosure Act, 1845 " (c), the title to the land given in 
 exchange is transferred to the land taken in exchange, 
 and consequently the title to be deduced to a purchaser 
 in such a case is the title to the land given in exchange, 
 up to the date of such exchange, and afterwards the 
 title to the land taken in exchange. 
 ^ty itobie If the property is subject to any incumbrances which 
 whiorSn- cannot be discharged, the conditions should provide for 
 not be paid ^-^^ defect lu the title. All the facts connected with 
 such incumbrances should be accurately stated ; and, if 
 they are not likely to be enforced, it may be sufficient 
 to bind the purchaser to make no objection on their 
 account, and in other cases, it may be expedient to offer 
 an indemnity to the purchaser, and to provide that he 
 sh^U be satisfied therewith : but it is very important 
 that the terms and nature of the indemnity should be 
 clearly stated. In the absence of special contract, a 
 purchaser cannot be compelled to take a defective title 
 with an indemnity, nor can a vendor be compelled to 
 give an indemnity (d). 
 lllnTto ^^ t^® absence of express stipulation, the vendor is 
 deeds for bouud to producB to the purchaser for examination with 
 lionw^i. t^® abstract all deeds and documents of title (other than 
 abstract. wiUs and instruments on record), whether they are in his 
 (the vendor's) possession or not, and although he may 
 only have a covenant for their production (e). He is 
 also bound to produce to the purchaser, for the like 
 purpose, official copies of all wills and instruments on 
 record (/). 
 
 (a) 8 & 9 Vict. c. 118, sec. 94. 66 ; Aylett v. Ashton, 1 My. & Or. 
 
 (i) But see now 8 & 9 Vict. c. 105 ; Bainbridge v. Kinnaird, 9 Jur 
 
 106, sect. 4. 862. 
 
 (c) 8 & 9 Vict. c. 118, sect. 147. (a) Sug. Con. V. & P. 319. 
 
 (d) Balmaimo v. Lumley, 1 V. & (/) Sug. V. & P. 358. 
 B. 224 ; Paton v. Brebner, 1 Bligh, 
 
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CONDITIONS OF SALE. 9 
 
 If the vendor produces the deeds at his own resi- j?^^™^!"' 
 dence or in London for verification of the abstract, the 
 expenses of all journeys of the purchaser's solicitor 
 must be borne by the purchaser ; but the additional 
 expenses to which the purchaser may be put for jour- 
 neys, &c., in the verification of the abstract, by reason 
 of the deeds not being produced at one of the usual 
 places for production, or by reason of their being in the 
 hands of persons residing in different parts of the 
 country, must, in the absence of special conditions, be 
 borne by the vendor (g). 
 
 Upon the completion of the purchase, the vendor is °™8f]^7 
 bound to deliver to the purchaser all deeds and docu- astodeeds 
 
 _,^,_, ^ . - ^ . ^on the com- 
 
 ments 01 title m his possession, unless they also relate f^f '™ °' 
 
 to other property of the vendor, in which case, how- chase, 
 ever small may be the value of the property so retained, 
 the vendor is entitled under the new statutory rules to 
 keep the deeds (h). He is also bound to deliver to the 
 purchaser attested copies of all deeds and documents 
 (except wills or instruments on record) of which he 
 does not deliver the originals, and to enter into a cove- 
 nant himself, or procure a covenant from the person 
 holding the deeds for their production : but if he is 
 unable to furnish to the purchaser a legal covenant, 
 such inability is not, under the new rules, an objection 
 to the title in case the purchaser will, on completion, 
 have an equitable right to the production of such 
 documents (i). 
 
 It is evident that in all the cases above referred to, g'J^^™^^ 
 it is desirable to provide by the conditions that the »f p[°''»^"'8 
 expense of the production of deeds not in the vendor's ^^^^ ^.^ 
 possession, and of all attested official and other copies 
 of documents and all other evidence which the purchaser 
 may require, shall be borne by the purchaser. And if 
 the vendor is unable to procure the production of original 
 deeds, a condition should be inserted to protect the 
 vendor from any objection on this account. 
 
 The new rules provide that such covenants for pro- g°^^ZZ 
 duction as the purchaser can and shall require shall be ^^^^'^''•'- 
 furnished at his expense, but the vendor is to bear the 
 
 I 
 
 'rj) Hughes v. Wynne, 8 Sim. 85. 1874," sect. 2, rule 5. 
 \h) " Vendor and Purchaser Act, (i) Rule 3. 
 
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10 
 
 CONDITIONS OF SALE. 
 
 expense of perusal and execution on behalf of himself 
 and other necessary parties other than the purchaser (j). 
 
 «^"8tody of On the sale of an estate in lots, where the conditions 
 are silent as to the custody of the deeds, the purchaser 
 of the lot which is the largest in value is entitled to 
 their custody; but under a condition that the purchaser 
 of the Jargest lot shall have them, the purchaser of the 
 largest lot in superficial area will be entitled to the 
 deeds (k). Under a condition that the title deeds are 
 to be delivered to the purchaser of the largest lot, the 
 purchaser of the largest lot in value and extent is 
 entitled to the custody of the deeds as against a pur- 
 chaser of several lots whose aggregate value and extent 
 exceed those of the largest lot (l). If by the conditions 
 it is stipulated that the. vendor shall not be required 
 to produce any deeds not in his possession, and that all 
 deeds of covenant for production of deeds shall be 
 obtained by and at the expense of the purchaser, the 
 vendor is not bound to procure covenants for produc- 
 tion from third parties holding the deeds and not in the 
 hands of the vendor {^m). In a case where it was stipu- 
 lated that the vendor should retain the custody of the 
 deeds, and a covenant would be entered into for giving 
 attested copies thereof at the expense of the purchaser, it 
 was held that the purchaser had no right, on completion, 
 to attested copies at the expense of the vendor (n). 
 
 wentit ■'■* ^^ ^ necessary part, of the deduction of a good title 
 
 to provide satisfactory evidence of the identity of the 
 parcels. To do this completely is often difficult, so 
 that some provision qualifying the purchaser's right in 
 this respect is generally introduced. In a case where it 
 was provided " that no further evidence of identity shall 
 be required than what is afforded by the abstract or the 
 documents therein abstracted," and the descriptions in 
 the documents differed among themselves and from the 
 descriptions in the particulars of sale, the purchaser was 
 held entitled to further proof of identity (o). And in 
 another case, where it was provided "that the purchaser 
 
 (j) Rule 4. 847 ; 20 L. J. Q. B. 386. 
 
 (k) Griffiths V. Hatchard, 1 K. & (n) Collin v. Soudamore 1 K & 
 
 J. 17. Joh. 321. 
 
 (l) Scott V. Jackman, 21 Beav. (o) Flower v. Hartropp, 6 Beav 
 
 110. 476. ^ 
 
 (m) Gabriel v. Smith, 16 Q. B. 
 
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CONDITIONS OF SALE. 11 
 
 shall not require any further proof of identity than is fur- 
 nished by the title deeds themselves," Kindersley, V.-C, 
 observed, " I am of opinion that under this condition, 
 if the deeds do not show identity the purchaser cannot 
 call for any other evidence ; but that, on the other hand, 
 the contract is in, effect that the deeds shall show identity, 
 so that if they do not, a good title is not made " (p). 
 
 It is a common and proper condition that a purchaser Effect of 
 shall make all his requisitions and objections within a <'°''.^'j?^^^'"s 
 given time, and that all objections not made within that witinna 
 time shall be considered to be waived. Such a condition 
 apphes only from the delivery of a perfect abstract ; 
 and an objection may be raised arising out of the in- 
 spection of a document which has been called for within 
 the prescribed time under such a condition (q). And 
 this condition will not preclude a purchaser from raising 
 an objection after the time has expired in respect of 
 matters discovered aliunde (r), or from refusing to com- 
 plete and recovering his deposit as for a breach of con- 
 tract, where the title is manifestly bad on the face of 
 the abstract, although he has not objected within the 
 time allowed (.s). If a vendor does not dehver the 
 abstract within the time specified by the conditions, the 
 purchaser will not be bound to send in his objections 
 within the time limited for that purpose (t). 
 
 An objection to the title could not be taken because 
 there are incumbrances affecting the estate, or outstand- p^^*"* 
 ing interests, if the vendor can require them to be paid 
 off and got in (u). But the abstract is imperfect if the 
 concurrence of the incumbrancers, or of any third party, 
 whose consent is necessary, cannot be required (v). In 
 Sidebottom v. JBarrington (x), the Master of the Eolls 
 said, " I apprehend a question of conveyance arises in 
 this way : — Where an interest is vested in a party to 
 secure a right, the satisfaction of which right entitles 
 the party who has sold the estate to call for a convey- 
 
 (v) Curling v. Austin, 2 D. & Sm. (<) Uppertou v. Nickolson, L. K. 
 
 129, 135. 6 Ch. 436. 
 
 (q) Bkoklow v. Laws, 2 Hare, (?<) Townsend v. Champemown, 
 
 40 ; Hobson v. Bell, 2 Beav. 17. 1 Y. & J. 449 ; Avame v. Brown, 
 
 (r) Warde v. Dickson, 5 Jur. N. 14 Sim. 303. 
 S. 345. (i) Sug. V. & P. 352; 2 Moll. 
 
 (s) Want V. Stallibrass, L. R. 8 583 ; Lewin v. Guest, 1 Rus. 325. 
 ExVh. 175. W 3 Beav. 528. 
 
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 When the 
 abstract is 
 
12 CONDITIONS OF SALE. 
 
 ance, then the Court considers it a question of con- 
 veyance only ; but I think it has never gone further 
 than that. If the estate be vested in a person, not for 
 the purpose of securing a right, but for the purpose of 
 enabhng that person to perform a duty to others, then 
 until that duty has been performed there can be no right 
 to call for a conveyance. So, also, the abstract is com- 
 plete if it shows that the vendor can acquire the fee ; 
 as, for instance, by executing a disentailing assurance, 
 although he may not actually be entitled to the fee at 
 the date of the contract, or at the delivery of the ab- 
 stract." In Savory v. Underwood (y), the conditions 
 provided that the abstract should be delivered by a 
 certain day, and the vendor agreed to deduce a good 
 title. The estate at the time of sale was subject to two 
 mortgages, but the mortgagees had not received the 
 usual six months' notice of redemption, and some of 
 them were dead, so that the letters of administration 
 had to be taken out to one of them. These and other 
 matters rendered it impossible for the vendor to convey 
 on the day mentioned for the completion of the pur- 
 chase, and it was decided at law that this did not 
 amount to a defect of title. 
 de^osu^te If a purchase goes off on account of a defect of title 
 ■ the purchaser may recover the deposit, with interest 
 frona the time of payment, as well as all his costs in in- 
 vestigating the title and in searching for judgments, 
 &c. (z) ; but it would require a strong case to give him a 
 right to charge for the preparation of the conveyance (a). 
 The purchaser, moreover, would seem in such case to 
 have a lien on the estate for the deposit (6). 
 en^taglhe ^^ ^^ '^°^' l^owever, a common condition that the 
 Snd to vendor may annul the sale on the purchaser raising any 
 Sbje,^Ls objection or requisition which the vendor shall be 
 made. unable or unwilling to remove, and that in such case 
 the vendor shall return the deposit, but without interest, 
 and that the purchaser shall have no claim on the 
 vendor for the expenses of investigating the title, or 
 other expenses. Such a condition is construed strictly, 
 
 (y) 23 Law T. K 141. (a) Sug. V. & P. 303 ; Jarmain v. 
 
 (z) Pounsett v. Fuller, 17 C. B. Eglestone, 5 Car & Pa 172 
 660; Sikes v. "Weld, 7 Jur. N. S. (6) Wythes ■!;. Lee, 3 Drew 396 
 
 1280. 
 
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CONDITIONS OF SALE. 13 
 
 and it has been decided that the right of rescinding is 
 waived, if the vendor expresses his willingness, or enters 
 into correspondence with a view to answer objections (c). 
 If, however, in the face of such a condition, a purchaser 
 insists upon a requisition after being informed that the 
 vendor is unable to comply with it, the vendor may- 
 rescind the sale by notice, and such notice need not 
 give the purchaser a time within which to waive his 
 requisition (d). These decisions have led to the practice 
 of introducing into the condition the words " notwith- 
 stand.ing any attempt to remove the same," or words to 
 the like eflPect. On the other hand, a vendor cannot 
 make use of a condition of this nature for the purpose 
 of getting rid of the duty which attaches to him upon 
 the rest of the contract of making out the title. He is 
 therefore bound to give the best answer he can to the 
 purchaser's requisitions, and it is then for the purchaser 
 to say whether he will accept such title as the vendor 
 can give him (e). In Greaves v. Wilson {/), the pur- 
 chaser required the concurrence in the conveyance of a 
 mortgagee by underlease, and it was held that notwith- 
 standing the condition, the vendor was bound to pro- 
 cure such concurrence. In Nelthorp v. Holgate (g), the 
 vendor put up an estate for sale, knowing that his 
 mother had a life interest therein, and it was held that 
 he could not avail himself of the condition to rescind, 
 and that the purchaser was entitled to a specific per- 
 formance of the contract, with compensation in respect 
 of the life interest. In Hoy v. Smythies (h), there was 
 this condition, and also a condition that misdescription 
 should not annul the sale but be the subject of compen- 
 sation, and it was held that the condition as to rescind- 
 ing did not apply to a misdescription (i). But in a 
 case where these conditions occurred, and the purchaser 
 objected that certain minerals under the land sold be- 
 longed to the lord of the manor, but claimed the right 
 to specific performance with compensation, the Court 
 
 (c) Tanner v. Smith, 10 Sim. 410 ; (/) 25 Beav. 290. 
 
 Morley v. Cook, 2 Hare, 106. (a) 1 Coll. 203. 
 
 (cl) Duddell-B. Simpson, L. R. 2 Oi) 22 Beav. 510. 
 
 Ch. 102. W See too Paynter v. Newby, 11 
 
 (e) Turpin v. Chambers, 29 Beav. Hare, 26 ; Cordingley v. Cheese- 
 
 104. borough, 3 Giflf. 496. 
 
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14 
 
 CONDITIONS OF SALE. 
 
 held that the vendors had a right to rescind, and that 
 performance with compensation could not be com- 
 pelled (k). 
 
 Day for 
 completing 
 the pur- 
 chase. 
 
 When time 
 is of the 
 essence of 
 tlie con- 
 tract. 
 
 As to in- 
 terest on 
 purchase 
 money. 
 
 II. Conditions relating to the completion of the 
 purchase. 
 
 The conditions should name the day on which the 
 purchase is to be completed. 
 
 In equity time is held to be of the essence of the 
 contract only in cases of strict stipulation or of neces- 
 sary implication (l). The cases of strict stipulation are 
 where the parties introjduce a clause expressly stating 
 that time is to be of the essence of the contract (m). 
 The cases of necessary implication are where the cir- 
 cumstances of the case require it, as where the property 
 sold is required for some immediate purpose, or where 
 the property is of a determinable or precarious nature, 
 or where the purchase is made for the residence of the 
 purchaser, and the vendor contracts to dehver possession 
 by a certain day (n). But although time was not' 
 originally an essential part of the contract, either party 
 may, by a proper notice, bind the other to complete 
 within a reasonable time to be specified in such notice, 
 and if the party receiving such notice do not complete 
 within the time specified, equity will not assist him to 
 enforce specific performance of the contract. But if the 
 Court sees that the means exist of completing within 
 a reasonable time, and considers the time given by 
 the notice insufficient, it will not give effect to such 
 notice (o). 
 
 In the absence of express stipulation the purchaser is 
 liable to pay interest on the purchase-money from the 
 day fixed for completion, and is entitled from the same 
 time to receive the rents ; but by providing himself 
 
 (Zc) Mawson v. Hetclier, L. R. 6 
 Ch. 91. 
 
 (I) Parkins v. Thorold, 16 Beav. 
 59 ; Hudson v. Tfemple, 29 Beav. 
 5.36 ; Eoberts v. Berry, 3 De G. M. 
 & G. 291. 
 
 (m) Webb v. Hnghes, L. E. 10 Ei^. 
 281. 
 
 (to) Tilley v. Thomas, L. R. 3 
 
 Ch. 6. 
 
 (o) Walker v. Jefferys, 1 Hare, 
 341 ; Benson v. Lamb, 9 Beav. 602 ; 
 Nott V. Ricard, 22 Beav. 307 ; 
 Southcomb v. Bishop of Exeter, 6" 
 Hare, 213 ; Parkin v. Thorold, 16 
 Beav. 59 ; Wells v. ■ Maxwell, 32 
 Beav. 550 ; 33 L. J. Ch. 44. 
 
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CONDITIONS OF SALE. 15 
 
 witli the money and giving notice that it is lying idle, 
 he may free himself from the payment of interest, 
 where the delay is not occasioned by his own default (p). 
 The rate of interest is generally 4 per cent. (q). 
 
 It is usual to insert a condition making the purchaser usuai con- 
 liable to the payment of interest, if from any crmse p"}™*"* of 
 whatever the purchase is not completed on the appointed 
 day (r). In De Visme v. De Visme (s), there was this 
 condition, and also a condition that the abstract should 
 be delivered at a certain time. The vendor did not 
 deliver an abstract ab the time fixed, and it was held 
 that the purchaser was liable to interest only from the 
 time a good title was shown. But this decision, if not 
 overruled, has at all events been much qualified by 
 more recent cases, and it is now settled that where the 
 delay is occasioned by the state of the title, and is not 
 wilful on the vendor's part, the condition applies and 
 interest is payable (t). Thus in Bannerman v. Clarlc (w), 
 the purchaser was held liable to pay interest under this 
 condition, where two days before the time appointed 
 for completion the vendor died, having devised the 
 estate to an infant, which rendered the suit necessary ; 
 and in another case where the title proved defective 
 and a suit was necessary to rectify the defect, it was 
 held that the condition applied (x). In a more recent 
 case {y), a vendor entered into a contract for the sale 
 of a moiety of an estate, and three years afterwards 
 (viz. in 1857) filed a bill for partition, and died in the 
 following year, leaving a will by which he devised his 
 estates to his infant children. In 1861, the executors 
 of the vendor revived the partition suit, and in the fol- 
 lowing year a decree for partition was obtained. Under 
 this condition the purchaser was ordered to pay interest 
 
 (p) Dyson v. Hornby, 4 De G. & 26 Beav. 630 ; Rowley v. Adams, 
 
 Sm. 481 ; Regent's Canal Company 12 Beav. 476 ; Wallis ■». Sarrell, 5 
 
 V. Ware, 23 Beav. 575. De G. & Sm. 429 ; Stony v. Walsh, 
 
 (a) Wallis V. Sarrell, 5 De G. & 18 Beav. 559 ; Litchfield v. Brown, 
 
 Sm. 429. 23 L. J. Oh. 176 ; Tewart v. Tewart, 
 
 (r) See Kershaw v. Kershaw, L. 3 S. & G. 307 ; Durham, D. & C, 
 
 R 9 Eq. 56. Ex pmrte, 2 Jur. N. S. 346. 
 
 "(s) 1 Mac. & G. 336 ; Weddall v. (u) 3 Drew. 632. 
 
 Nixon, 17 Beav. 160 ; Robinson v. (x) Lord Palmerston v. Turner, 
 
 Skelton, 12 Beav. 363. 33 L. J. Ch. 457. 
 
 (t) Shervvin v. Shakspeare, 5 De (y) Williams v. Glenton, L. R. 1 
 
 G. M. & G. 517 ; Vickers v. Hand, Ch. 200. 
 
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16 CONDITIONS OF SALE, 
 
 from the day on which the purchase was to be com- 
 pleted. " The state of the vendor's title," K. Bruce, 
 L. J., observed, " was such that several years elapsed 
 before the title could be completed. Several years 
 passed after the time which had been fixed by the con- 
 tract for completion ; but the contract contained a 
 clause which of late years has not been by any means 
 uncommon. It has been for several years' settled, that 
 as a general rule the state of the title and difficulties 
 respecting the title do not exempt the purchaser from 
 liability to that clause. The vendor may be in a sense 
 wrong in not having his title ready at the time spe- 
 cified ; but I repeat it has notoriously been already 
 settled that the mere existence of difficulties as to the 
 title justifying the purchaser in refusing to complete 
 until they are removed, does not exempt him from that 
 clause as to interest. There must be, I might almost 
 say, some serious misconduct on the part of the vendor 
 to exempt the purchaser from liability to interest." 
 As to title- With respect to the arranefements to be made as to the 
 
 UB6Q.S ^ ^^ 
 
 title-deeds on the completion of a purchase, sufficient 
 has been said in the former part of this Dissertation. 
 
 III. Conditions relating to misdescriptions in the Par- 
 ticulars, and to compensation in respect thereof. 
 
 ^artteSL '^^^ particulars of sale should minutely and accu- 
 S!'^ rately describe the property which is the subject-matter 
 of the sale. The tenure should be stated, and, if let to 
 a tenant, the nature and terms of the tenancy, and the 
 rent paid by him. If it is subject to any charge or 
 obligation of any description, this also should be stated ; 
 in short, the particulars should contain all such infor- 
 mation as is necessary to apprise the purchaser of the 
 real nature of the property put up for sale. There 
 must be no wilful concealment of anything which it is 
 material for the purchaser to know, no ambiguity in 
 the description which is likely to mislead him. 
 Rules ofiaw Beforo the Judicature Act came into operation a 
 as to'SSs-^ slight error in a material part of the description ren- 
 description. ^^^^^ g^ coutract vold at law ; but courts of equity 
 
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' the subject. 
 
 CONDITIONS OF SALE. 17 
 
 standing a misdescription, with an abatement of the 
 purchase-money by way of compensation, at the suit 
 either of the vendor or of the purchaser. The rules of 
 equity are now the rules of every branch of the Supreme 
 Court of Judicature. 
 
 It is usual, however, to make express provision for Eo-ect of 
 misdescriptions by a condition of sale. One in common mtionTto 
 use provides that misdescription in the particulars shall u^^.'""''' 
 not annul the sale, but compensation shall be made in 
 respect thereof by either party, as the case may require, 
 the amount of such compensation to be settled by two 
 referees or their umpire. 
 
 It will be convenient to consider — 1st. What is such Division of 
 a misdescription as will entitle a purchaser at least to *" " ' 
 compensation. 2ndly. What is such a misdescription 
 as will entitle a purchaser to rescind the contract alto- 
 gether. And 3rdly. Whether in any and what cases 
 a vendor can avail himself of a condition entitling him 
 to compensation for misdescription. 
 
 1. What is such a misdescription as will entitle a pur- 
 chaser at least to compensation. 
 
 It has been decided that the ordinary condition as ordinary 
 to misdescriptions applies only to such errors as in the o™y applies 
 absence of the condition would vitiate the contract (2). whiSTwouid 
 In other words, if the error is such that in the absence vitia™ the 
 of the condition the party complaining of it would 
 nevertheless have been compelled to complete the pur- 
 chase without compensation, the condition does not 
 apply. It follows that in considering this part of the 
 subject it is immaterial whether there is, or is not, the 
 usual condition as to misdescriptions. If according to 
 the true construction of the particulars the property is 
 misdescribed, the purchaser is entitled to compensa- 
 tion ; in the one case, by the general principles of 
 equity, in the other case, by virtue of the condition. 
 If, however, according to the true construction of the 
 particulars there is no misdescription, he cannot in 
 either case claim compensation. 
 
 {z) Leslie u. Tomson, 9 Hare, 268. 
 
 VOL. I. o 
 
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18 CONDITIOJTS OP SALE. 
 
 ^Znmy^° Where the error is as to the quantity, the purchaser 
 is, as a general rule, entitled to an abatement out of 
 his purchase-money for so much as the quantity falls 
 short of the representation. For though the land is 
 not sold professedly by the acre, the presumption^ is 
 that in fixing the price regard is had to the quantity 
 which both suppose the estate to consist of, and therefore 
 a rateable abatement of the price will probably leave 
 both parties in nearly the same relative situation in 
 which they would have stood if the quantity had been 
 originally known. In other words, the quantity is, as 
 a general rule, to be considered as a material and sub- 
 stantial part of the description, and an error as to it is 
 a misdescription. But this rule does not apply to a 
 case where it appears that the purchaser has made his 
 calculation on some other basis — as where on a sale of 
 woods described as containing two hundred and seven- 
 teen acres the real quantity proved to be twenty-six 
 acres less, but it appeared that the purchaser had been 
 furnished with a gross valuation of the wood on the 
 basis of which he had purchased, it was held that 
 he was entitled to compensation for the twenty-six 
 acres, but only on so much as the soil would be worth 
 after deducting the value of the wood standing 
 on it (a). 
 Snotfe'-^^' If it can be shown that the purchaser knew the real 
 caiindickim quantity, and therefore was not deceived by the error, 
 oompensa- ]^q yf^ j^ot be entitled to compensation, but the onus 
 lies on the vendor to show the purchaser's knowledge. 
 Thus, where the particulars described the property as 
 forty-six feet deep, whereas in fact it was only thirty- 
 three feet deep, the purchaser was in the occupation of 
 the premises, and it was therefore contended that he 
 must have known the actual measurement. But the 
 Master of the Bolls observed that he did not know that 
 persons in the occupation of property were in the habit 
 of measuring it, and decreed for the purchaser (6). 
 Effect of The effect of such words as " or thereabouts," " more 
 
 ^^JrSe-' or less," added to the statement of quantity, seems not 
 ?we or to have been absolutely fixed by decision. It is con- 
 Isttoation." ceived, however, that they would only cover a small 
 
 (a) Hill V. Buckley, 17 V^s. 394. (6) King v. Wilson, 6 Beav. 124. 
 
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CONDITIONS OF SALE. 19 
 
 difference. But if the quantity is stated to be " by esti- 
 mation " only, the description is rendered still more 
 loose and uncertain. Thus, where the property was 
 described as containing by estimation forty-one acres, 
 more or less, and the real quantity was thirty-six acres, 
 and there was no ground for imputing to the vendor 
 knowledge of the real quantity, the purchaser was held 
 not entitled to an abatement, but Sir W. Grant, M.K., 
 intimated that if the vendor had known the true 
 quantity, the use of such qualifying expressions would 
 not protect him from the obligation of making it 
 good (c). But there is a limit to the effect of even 
 such expressions as "by estimation," as where a farm 
 was described as containing " by estimation 349 acres, 
 or thereabouts, be the same more or less," and there 
 was a stipulation that the parties should not be an- 
 swerable for any excess or deficiency in the quantity 
 of the premises, and that such excess or deficiency, as 
 the case might be, should not vacate or affect the con- 
 tract, but the premises should be taken by the pur- 
 chaser at the quantity above stated, whether more or 
 less. The actual quantity was 100 acres less than 
 that stated, and Sir W. Grant., M..R., observed, " I 
 never can agree that such a clause, if there was nothing 
 else in the case, can cover so large a deficiency as is 
 alleged here" (d). 
 
 In a recent case (e) the property was described as 
 containing an area of 7683 square feet or thereabouts, 
 but in fact contained only 4350 square feet. There 
 was a condition that " the measurements are presumed 
 to be correct, but if any error be discovered therein, 
 no allowance shall be made or required either way." 
 The purchaser filed a bill for specific performance, with 
 compensation, after the vendor had offered to rescind 
 the contract. It was held that the purchaser could 
 not claim compensation in the face of the condition ex- 
 pressly negativing his right to it, and that as he did 
 not ask to have the contract rescinded, he must take 
 the property without compensation. There can be 
 little doubt that if in this case the bill had been by 
 
 (c) Winch V. Winchester, 1 V. (e) Cordingley v. Cheeselrorough, 
 & B. 375. 3 Giff. 496 ; 31 L. J. CIi. 617. 
 
 (d) Portman v. Mill, 2 Kuss. 570. 
 
 2 
 
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20 CONDITIONS OF SALE. 
 
 the vendor for specific performance, the Court would 
 not have enforced the contract against the purchaser. 
 In another case (/), the property was described as 
 containing 753 square yards or thereabouts. The 1 4th 
 condition of sale provided that " every lot is believed 
 and shall be taken to be correctly described as to 
 quantity and otherwise, and if any error, mis-state- 
 ment, or omission in the particulars be discovered, the 
 same shall not annul the sale, nor shall any compensa- 
 tion be allowed by the vendor or purchaser in respect 
 thereof," and the 20th condition provided that every 
 error or misdescription not covered by the 14th should 
 be the subject of compensation. It turned out that 
 the property contained only 573 square yards, and it 
 was held that the 14th condition applied to small 
 errors and inaccuracies, and not to so large a deficiency 
 as 180 square yards, and consequently that the case 
 came within the 20th condition, so as to entitle the 
 purchaser to compensation. 
 to a^piy to* It is conceived that the proper test to apply to cases 
 exp'SL. where the quantity is stated to be by estimation, or 
 where other expressions are used with a view to pro- 
 tect the vendor from the obligation of making good a 
 deficiency in quantity, is this. If a vendor states the 
 quantity "by estimation," he virtually says, "I have 
 not actually measured the property, but this is the 
 quantity which it contains by reputation, or which 
 according to the best of my judgment without having 
 had recourse to measurement I believe it to contain ;" 
 and if in such a case a vendor acts hond Jide, and the 
 purchaser who has the opportunity of measuring it 
 himself chooses not to do so, the principle of caveat 
 emptor applies. If there is also a condition that no 
 allowance shall be made in case of an error in quantity, 
 the principle oLcaveat emptor applies still more strongly. 
 But if the discrepancy is very great, it would be im- 
 possible to relieve the vendor from the imputation, 
 either of wilful fraud in inserting a false description, 
 or of such negligence of the ordinary duty of a vendor 
 to acquire a knowledge of his property, as amounts to 
 constructive fraud, and fraud in every case vitiates a 
 contract. 
 
 (/) Whittemore v. Whittemore, L. E. 8 Ec^. 603. 
 
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CONDITIONS OF SALE. 21 
 
 An omission to state in the particulars as a part of J'™;J7j„ 
 the description of the property what in fairness the Sf£ 
 vendor ought to state is a misdescription entithng a ^^'^'"• 
 purchaser to compensation. Thus a vendor is bound 
 to disclose latent defects, i.e., such defects as a pur- 
 chaser using ordinary diligence cannot discover for 
 himself, provided of course that the vendor is himself 
 aware of them (g). 
 
 It is said that where the defect in a property is as to patent 
 patent, viz., an object of sense such as a purchaser'"'^"'''' 
 with ordinary diligence could discover for himself, the 
 vendor is not bound to disclose it. Thus, where after 
 the sale the purchaser discovered that there was a 
 footpath over the land which materially affected the 
 value, he was held to his contract without compensa- 
 tion (h). But this doctrine must be accepted with 
 caution and subject to this qualification, that there 
 must be no actual misrepresentation and no studied 
 concealment on the vendor's part. Thus, if in the 
 above-mentioned case the land had been described by 
 reference to a plan, and the plan had omitted to notice 
 the footpath, it may be doubted whether the decision 
 would have been the same, for in such case it might 
 reasonably be contended that the omission on the 
 plan was a misdescription calculated to deceive the 
 purchaser. 
 
 Again, if property is described by its usual known Purchaser 
 description, and there is no fraud on the vendor's part, tocompen- 
 the purchaser is not entitled to compensation, though it deseripuon^ 
 may turn out that the property is not what from its rectlmia-"' 
 description it might naturally be supposed to be. Thus, there be^'g 
 where a house at Brighton was sold as No. 39, Regency vendor ™ 
 Square, and it was afterwards discovered that the house, 
 though always named 39, Regency Square, was not 
 actually in the Square, but in a side street communi- 
 cating with the Square, this was held to be no mis- 
 description (i). 
 
 Vague and indefinite representations with respect to indefinite 
 what is a mere matter of opinion do not entitle a pur- tions as'to 
 
 •*■ -*■ matters of 
 
 M Mellish v. Motteux, 1 Pea. N. (h) Oldfield n. Eound, 5 Ves. 508. 
 
 P. C. 156 ; Martin v. Cotter, 3 Jo. (i) White v. Bradshaw, 16 Jur. 
 
 & Lat. 496 ; Lucas v. James, 7 Hare, 738. 
 410. 
 
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22 CONDITIONS OF SALE. 
 
 Entiue chaser to compensation. Thus, where land was described 
 ??mpensT*° as uncommonly rich water-meadow, and it turned out 
 wherettT that though water-meadow it was imperfectly watered, 
 tffifas*1bo the purchaser was not entitled to compensation (k). 
 a^matter of g^^ jf ^j^g vendor takes upon himself to make a specific 
 and definite representation as to a matter of fact, he is 
 bound to make it good. He must not make an inac- 
 curate statement, and then say, " it was the duty of 
 the purchaser before he bid to institute inquiries and 
 correct mistakes and misdescriptions in the particulars," 
 nor may he make an ambiguous statement by which a 
 purchaser is Ukely to be deceived. 
 ofSisin In accordance with the principles above laid down, 
 dSE the purchaser has been held entitled to compensation, 
 entitled to either under the general rule of equity or under a 
 compensa- gpecial conditiou, making misdescriptions the subject 
 of compensation, in the following cases, viz. : — 
 
 Where a house described as in good repair 
 turned out to be very much out of repair, and 
 the defect was not apparent except on minute 
 investigation (l). 
 
 Where property was described as " yell supplied 
 with water," and it turned out that the supply was 
 from waterworks on payment of water rates, the 
 Court being of opinion that the purchaser was led 
 by the description to believe that there was a 
 supply of water on the property itself (m). 
 
 Where property was described as customary 
 leasehold, and renewable every twenty-one years 
 on payment of a customary fine, and it turned out 
 that there was no right of renewal (n). 
 
 Where on the sale of a manor it was stated that 
 the fine was two years' improved value, and it 
 turned out that this was not the case (o). 
 
 Where property was described as in the occu- 
 pation of the owners of a certain coUiery, their 
 under-tenants, or workmen, but it was not stated 
 
 (/c) Scott V. Hanson, 1 K & M. G. F. & J. 248. 
 
 ^^fk -n TT ,„ -t^ W Painter v. Newby, 11 Hare, 
 
 (t) Dyer v. Hargrave, 10 Ves. 26. ./> > 
 
 505. See also , Grant v. Munt, (o) Hoy v. Smytliies, 22 Beav 
 
 Cooper, 17.3. 510. 
 
 (m) Leyland v. Illing worth, 2 De 
 
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CONDITIONS OF SALE. 23 
 
 (as the fact was) that such owners were entitled to 
 use the cottages for their workmen rent free (p). 
 
 Where the land is subject to a reservation of 
 mining or other rights, unless the Court is satisfied 
 that there is no subject-matter for the reservation 
 to act on, or that all legal right to exercise it has 
 ceased (q). 
 
 Where the particulars of sale mentioned the 
 premises as being then let at a rental of £30 per 
 annum, and it was afterwards discovered that all 
 the rates and taxes were by agreement payable by 
 the landlord (r). 
 But if in cases of misdescription it can be shown that Purchaser 
 the purchaser was aware of the actual state of the tocompen- 
 property at the time of his purchase, he will not be awweoV the 
 allowed either to rescind the contract or to claim com- oftTepro-* 
 pensation (s). ^'''''• 
 
 2. What is such a misdescription as will entitle a 
 Purchaser to rescind the Contract. 
 
 The jurisdiction of equity to compel a purchaser (in Extent 
 the absence of stipulation) to take the property with equity has 
 an abatement of the purchase-money in respect of a juriudiotion 
 
 . J . . . ^ i- j.T_ 1 -1 of obliging 
 
 misdescription, was, in some oi the early cases, carried a purchaser 
 to a great length. Thus, on a contract to sell a house perty with 
 and wharf, the purchaser was compelled to take the tion. 
 house without the wharf though he alleged his object 
 in purchasing was to carry on business at the wharf ; 
 and in another case, where the property was a house 
 on the bank of the Thames, stated to be in the county 
 of Essex, and it turned out to be in Kent, the contract 
 was enforced against the purchaser, though he stated 
 that his object in purchasing was to be a freeholder of 
 Essex and not a churchwarden of Greenwich. But 
 these cases have been disapproved of [t), and the prin- 
 
 (p) Brandley v. Plummer, 2 Drew, son, 20 L. T. 105. 
 427. (r) Bos v. Helsliam, L. E. 2 Eq. 
 
 (q) Seaman v. Vawdrey, 16 Ves. Y2. See also Barnes v. Wood, L. K. 
 
 390 ; Martin v. Cotter, 3 Jo. & Lat. 8 Eq. 424. 
 
 496 ; Lyddall v. Weston, 2 Atk. 19. (s) Farelirother v. Gibson, 1 De 
 
 Whether, however, an outstanding G. & J. 602. 
 
 right to minerals is a proper subject (i) See Drewe v. Hanson, 6 Vps. 
 
 of compensation, see Powell c. Smith- 678; Halsey v. Grant, 13 Ves. 7s. 
 
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24 CONDITIONS OT SALE. 
 
 ciple was thus stated by Lord Erskine, in Halsey v. 
 Grant : " Where one party would be foiled at law but 
 the other party can have the reasonable substantial 
 benefit of his contract, compensation shall be admitted, 
 but not where the effect will be to put on the purchaser 
 something constitutionally different to that for which 
 he contracted " (u). 
 
 A similar rule applies where there is the usual condi- 
 tion making misdescriptions a matter of compensation. 
 Thus, in Flight v. Booth (jc), . Tindal, C.-J., observed: 
 " It is extremely difficult to lay down from the decided 
 cases any definite rule which shall determine what mis- 
 statement or misdescription in the particulars shall 
 justify a recision of the contract, and what shall be a . 
 ground of compensation only. All the cases concur in 
 this, that where the mis-statement is wilful or designed, 
 it amounts to a fraud, and fraud vitiates the contract 
 altogether. Where there is no fraud, we think it a 
 safe rule to adopt that where the misdescription is on 
 a material and substantial point so far affecting the 
 subject of the contract that it may be reasonably sup- 
 posed that but for such misdescription the purchaser 
 would not have entered into the contract at all, the 
 contract is avoided altogether, and the purchaser is not 
 bound to resoi-t to the claim of compensation. Under 
 • such a state of facts the purchaser may be considered 
 as not having purchased the thing which is really the 
 subject of the sale " {y). 
 Instances The foUowing are cases in which it has been held 
 ThSerwas that the purchaser was entitled to rescind the contract. 
 
 held entitled i ■ i i ■ i , • 
 
 to rescind, and was uot Douud to accept compensation. 
 
 Where an estate was described as freehold and 
 it turned out to be leasehold for 4,000 years (z). 
 
 Where, on a sale of a leasehold house the par- 
 ticulars stated that the lessee was restricted from 
 carrying on " offensive trades or the trade of a 
 coffee-house keeper or working hatter," and it 
 turned out that the lease prohibited not only 
 
 (u) See Baskcomb v. Beckwith, (y) Dimmock d. Hallett, L R 2 
 
 L. R. 8 Eq. 100. C. A. 21. ' ' 
 
 (x) 1 Bing. N. S. 370 ; 4 L. J. (z) Crewe v. Corp, 9 Ves. 368 
 (N. S.) 0. P. 66. 
 
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CONDITIONS OF SALE. 25 
 
 oflPensive but also a great number of inoffensive 
 trades (a). 
 
 Where the subject-matter of the contract was 
 described as a " free pubhc-house," and it turned 
 out that the lease contained a proviso that the 
 lessee should take all his beer from a particular 
 brewery (b). 
 
 Where the property was described as seven 
 houses on a ground rent lease at forty guineas per 
 annum, and it turned out that they were let on 
 lease at a rack rent of forty guineas. 
 
 Where a property was sold as freehold and it 
 proved to be copyhold (c). 
 
 Where a lot was described as a first-rate build- 
 ing plot of land, and it turned out that it was 
 subject to a right of way of which no notice was 
 taken in the particulars and plan (d). 
 
 Where a house was described as brick-built, and 
 it was proved to be built partly of brick and partly 
 of timber, and some parts were composed only of 
 lath-and-plaster (e). 
 
 Where the particulars described the property as 
 containing sixty-five acres of fine oak timber trees, 
 the avefage size of which approached sixty-five 
 feet, and the size was in fact considerably below 
 that average (/). 
 
 Where property was described as No. 58, on 
 the north side of Pall Mall, and opposite 
 Marlborough House, and it turned out that the 
 house was in fact not in Pall Mall, but was 
 situate behind No. 57, Pall Mall, having its 
 entrance by a separate passage through the ground 
 floor of No. 57 (g). 
 
 Where the property was described as freehold 
 ground rents, and it turned out that some of the 
 rents were rents covenanted to be paid by the 
 lessees of houses for the right of using a public 
 
 (a) Flight V. Booth, 1 Bing. N. («) Powell v. Double, MS. cited 
 
 C. 370 ; I L. J. (N. S.) C. P. 66. Sug. V. & P. 23. 
 
 (6) Jones v. Edney, 3 Gamp. 285. (/) Lord Brooke v. Eoundthwaite, 
 
 (c) Ayler v. Cox, 16 Beav. 23. 5 Hare, 298. 
 
 (d) Dykes v. Blake, 4 Bing. N. C. (9) Stanton v. Tattersall, 1 Sm. 
 463 ; 7 L. J. (N. S.) C. P. 282. & GifF. 529. 
 
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26 CONDITIONS OP SALE. 
 
 pleasure ground, and not freehold ground rents 
 within the meaning of the particulars {h). 
 
 Where, on a sale of redeemed land-tax, it was 
 stated to be charged on three houses, and it turned 
 out that the whole amount was not charged on the 
 three houses, but consisted of three smaller sums 
 each charged on one house {i). 
 
 Where no title can be made to a portion of the 
 property described which is an essential part {h). 
 
 Where the contract was for the sale of a free- 
 hold residence, and it turned out that it was en- 
 cumbered with certain covenants on the part of 
 the grantee his heirs and assigns (Z). 
 
 fbovi toLs -'-* ™*7 ^® stated as the result of the above cases 
 that a purchaser is entitled to rescind the contract, 
 whether there is or is not a condition as to misdescrip- 
 tion, (1.) if the mis-statement on the part of the ven- 
 dor is wilful, (2.) if the effect of making the purchaser 
 complete would be to put upon him something con- 
 stitutionally different from that for which he contracted, 
 (3.) if the misdescription is such that it may be reason- 
 ably supposed that but for such misdescription he 
 would not have entered into the contract at all, (4.) if 
 the misdescription is of a nature not susceptible of 
 compensation. 
 
 3. Whether in any and what cases a vendor can avail 
 himself of a condition giving him compensation for 
 misdescriptions. 
 
 The common condition as to misdescriptions provides 
 for the payment of compensation to the vendor as well 
 as to the purchaser. In determining whether in any 
 given case the vendor can avail himself of this con- 
 dition it must be considered whether the misdescription 
 is one which in the absence of the condition would 
 have entitled him to be relieved from the contract. 
 
 (/i) Evans v. Kobins, 33 L. J. & Ell. 355. See also Ashtoii v 
 
 (N. S.) Ex. 68. Wood, 3 Sm. & G. 436 ; Sliaokleton 
 
 (i) Cox V. Coventon, 31 Beav. v. Sutoliffe, 1 De G. & S. 609 
 378. {I) Phillips v. Caldcleueh ' L. R. 
 
 {h) Dobell V. Hutcliinson, 3 Ad. 4 Q. B. 159. 
 
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CONDITIOXS OF SALE. 27 
 
 It is the duty of the vendor to describe accurately 
 the property which he offers for sale, and he will as a 
 general rule be bound by the description. But if it 
 can be shown that the mistake on the vendor's part 
 was hondjide, and made under such circumstances as 
 to be excusable, equity will relieve him. Thus, if by 
 mistake he inserts a description which includes the 
 whole of a property when it was his hondjide intention 
 to describe a portion only, it would be inequitable to 
 make him sell the whole for what he intended to be 
 the price of part only, particularly if the purchaser 
 himself considered that he was only buying the 
 part (m). And in a case where upon a sale in lots 
 there was a condition that in case of any mistake in 
 the description of the property compensation should 
 be given or taken, as the case might require, and one 
 of the lots contained about twenty acres more than the 
 quantity mentioned in the particulars, and it appeared 
 that the particulars had been prepared from some pre- 
 vious particulars, and from the report of a surveyor 
 prepared on a former occasion, it was held that the 
 purchaser could not enforce the contract in the face of 
 the mistake unless he was willing to adopt the con- 
 dition by which compensation was prescribed to be 
 made for any excess in the quantity of the land 
 taken (ft). It will be observed that in the above case 
 it was merely decided that the purchaser could not 
 insist on a conveyance of twenty acres more than he 
 bargained for without paying for the excess, but 
 if the purchaser had elected to give up the property 
 rather than pay more than his original purchase- 
 money^ it is conceived that he might have done 
 so. In other words, it is conceived that a vendor 
 would not be entitled under this condition as to 
 compensation to compel a purchaser to complete the 
 purchase and pay for the excess of quantity unless 
 it could be shown that the purchaser was aware, and 
 the vendor was unaware, of the excess at the time of 
 the sale. 
 
 (to) Calverley v. Williams, 1 (n) Leslie v. Tompson, 9 Hare, 
 
 Ves. 210. See also Baxendale v. 263. 
 Seale, 19 Beav. 601, 
 
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28 CONDITIONS OF -SALE. 
 
 TV. Conditions relating to other matters, and Conditions 
 
 generally. 
 
 ta^^Lilting a I* is usual to provide in the conditions that no per- 
 ijiddiug. son shall retract his bidding ; but Lord St. Leonards, 
 though he originally suggested the condition, doubts 
 whether it could be enforced (o). 
 raidor may ^^ ^^ ^® amiouncod either by the particulars or pub- 
 tidde7* ^^^J ^^ ^^ imie of sale that the sale is to be without 
 reserve, the sale is of course vitiated by a person being 
 employed by the vendor to bid [p) ; but formerly, if a 
 sale had been advertised generally without any state- 
 ment as to its being without reserve, it was generally 
 supposed that a vendor might, in equity though not at 
 law, employ one person to bid, in order to prevent the 
 estate being sold at an under value {(/). But by the 
 30 & 31 Vict 30 & 31 Vict. c. 48, it is enacted that after the 15th 
 July, 1867, whenever a sale by auction of land would 
 be invalid at law by the employment of a puffer, the 
 same shall be so in equity also [r) ; and it is further 
 provided that the particulars or , conditions of sale by 
 auction of land shall state whether it will be sold 
 without reserve or subject to a reserved price, or 
 whether a right to bid is reserved, and that if the land 
 is stated to be sold without reserve or to that effect, it 
 shall not be lawful for the seller to employ any person 
 to bid, or for the auctioneer to take knowingly any 
 bidding from such person; and that when any such 
 sale is declared to be subject to a right for the seller 
 to bid, the seller, or any one person in his behalf, may 
 bid at such auction in such manner as he may think 
 proper (s). 
 Deposit. It is also usual on sales by auction to provide that 
 
 the purchaser shall pay a deposit, and if the deposit is 
 large in amount it may in some cases be desirable to 
 
 (o) Sug. V. & P. 11. 326 ; Woodward v. Miller, 2 Coll. 
 
 (p) Thomett v. Hames, 15 M. & C. C. 279. But see the observations 
 
 W. 372 ; 15 L. J. Ex. 230 ; Meadows of Lord Gran worth in Mortimer v 
 
 V. Tanner, 5 Mad. 34. Bell, L. R. 1 C. A. 10. 
 
 (?) Bramley v. Alt, 3 Ves. 620 ; M Sect. 4. 
 
 Conolly V. Parsons, id. 625 n. ; (s) Sects. 5, 6. See GiUiatt v 
 
 Smith V. Clarke, 12 Ves. 477 ; Gilliatt, L. E. 9 Eq. CO. 
 Twining v. Morrice, 2 Bro. C. C. 
 
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CO:!^DITIONS OF SALE. 29 
 
 provide for its investment during the interval between 'J^«'^"'™?J'' 
 the sale and the completion of the purchase, and in 
 that event the vendor will be entitled to any increase, 
 and must bear any loss, in the value of the invest- 
 ment (f,). 
 
 If. on a sale the timber is to be paid for separately, Astotimijer. 
 the conditions of sale should provide for the terms on 
 which it is to be taken by the purchaser, and should 
 specify what trees shall be paid for as timber. It may J^Jj^y* 
 be useful to observe that wood is not timber unless it is 
 of twenty years' growth ; the term timber includes oak, 
 elm, and ash, and by local custom, birch, beech, and 
 other trees, and sometimes pollards (u). 
 
 When a property which is subject to a lease at an y'n^j'nT*"?" 
 entire rent is sold in lots, or a part only of such pro- r»",'^™ «»'» 
 perty is sold, provision must be made by the conditions 
 for the apportionment of the rent, and if the tenants' 
 concurrence in the apportionment cannot be obtained, 
 the purchaser should be precluded from taking any 
 objection on that account. 
 
 It may be observed that written or printed con- ^j_t^n <"■ 
 ditions of sale cannot be verbally varied at the time of ™J^j,*^°b"/ 
 sale by the auctioneer, and parol evidence will not be if^^y 
 admitted in equity on the part of the plaintiff to vary 
 the written contract, although the purchaser agrees to 
 abide by the conditions and declarations made at the 
 sale (x). But any personal information which the 
 purchaser may have received would be a ground for 
 receiving parol evidence, and using the same as a 
 defence against a specific performance (y). Fraud, mis- ^rt™™™' 
 take, .or surprise, are respectively grounds for receiving ^^^J^'j"^ 
 parol evidence in defence to a specific performance, but 
 if none of these circumstances exist, evidence cannot 
 be offered to contradict, explain, or vary the written 
 contract (z). The particulars of sale should give an 
 
 (<) Burronglies v. Brown, 9 Hare, bridge, 1 B. & C. 375. 
 
 609. See also St. Paul v. Binning- (x) Gunnis v. Erliart, 1 H. Bl. 
 
 ham, &c., Railway Company, 11 289; Powell ». Edmunds, 12 East, 
 
 Hare, 305. 6 ; Higginson v. Clowes, 15 Ves. 
 
 00 Dart, 122, 4th Ed. ; Duke of 516. 
 
 Clmndos V. Talbot, 2 P. Wms. 606 ; {y) Ogilvie v. Foljambe, 3 Mer. 
 
 Aubrey v. Eisher, 10 East, 446. As 65 ; Clowes v. Higgmson, 1 V. & B. 
 
 to what are saleable underwoods, 524. 
 
 see King v. Inhabitants of Ferry- (z) Manser i: Back, 6 Hare, 443. 
 
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30 CONDITIONS OF SALE. 
 
 accurate description of the property, and no reliance 
 should be placed by the vendor on statements made at 
 the sale (a), 
 to forMtV The last condition of sale usually provides that if the 
 deposit. purchaser fails to comply with the conditions, he shall 
 forfeit his deposit, and the vendor may resell. It may 
 be observed that even in the absence of this condition, 
 a purchaser failing to complete, forfeits his deposit (b), 
 and this is so where the purchaser becomes bankrupt 
 and the trustee disclaims under the 23rd section of the 
 " Bankruptcy Act, 1869 " (c). 
 Souo' When a sale is made by trustees or other persons 
 teesmar"" boldiug a fiduciary character, they must be careful to 
 ^^"- enter into no condition which the state of the title does 
 
 not require, and the authority which is often given to 
 them by the deed or instrument creating the trust, and 
 which is now conferred on trustees having a power of 
 sale by statute (d), to insert in the contract or con- 
 ditions of sale any special stipulations as to title or 
 otherwise would not enable a trustee to enter into any 
 unnecessary or improperly depreciatory conditions, and 
 the cestui que trust, however small his interest may be, 
 might set aside the sale, so long as any part of the pur- 
 chase-money remains unpaid (e). On the other hand it 
 is apprehended that the title of a purchaser completing 
 without notice that the conditions were unjustifiable 
 could not be called in question, and that in that case the 
 remedy would be in damages against the trustee. The 
 expense of obtaining copies of documents not in the 
 vendor's possession, and the other evidence requisite to 
 verify the abstract, may reasonably be thrown by a 
 trustee for sale on the purchaser ; and it seems that a 
 trustee is authoi'ized, without any special authority for 
 the purpose, to stipulate by the conditions that the 
 vendor shall be at liberty to rescind the contract in case 
 objections are taken to the title which he is unable to 
 remove (/). A decree was made for specific perform- 
 ance in a case where, on a sale by a trustee who had 
 
 (a) Torrance v. Bolton, L. R. 8 512. 
 
 Ch. 310. (d) 23 & 24 Vict. c. 145, sect. 2. 
 
 (b) Depree v. Bedborough, 4 Giff. (e) Dance v. Goldingham, L E 
 479. 8 Ch. A. 012. 
 
 (c) Ex parte Barrell, L. E. 10 Ch. (/) Holjson v. Bell, 2 Beav. 17 ; 
 
 Digitized by Microsoft® 
 
CONDITIONS OF SALE. 31 
 
 no express power to give receipts, he stipulated that 
 his receipts should be deemed conclusive discharges, 
 and that the purchaser should not require the concur- 
 rence of the heir or cestui que trust (g). 
 
 A vendor or purchaser of real or leasehold estate, or ^™*j'^°j 
 their representatives respectively, may at any time can obtain 
 
 , . -t^ \ T 1 • r^l {- • opinion of 
 
 apply m a summary way to a Judge m Chambers, iiii^^^"„ 
 respect of any requisitions or objections, or claim for 
 compensation, or any other question arising out of or 
 connected with the contract (not being a question 
 affecting the validity of the contract) and obtain the 
 decision of the Judge thereon, and also as to the costs 
 of the application (h). 
 
 When the title to land has been registered under the J?*iJ* J""- 
 "Land Transfer Act, 1875," no special condition will necessary, 
 
 .. •'■ ., iii. where title 
 
 be necessary if the registration is with an absolute |fJ5g."ff/^ 
 title. But if the registration is with a possessory or Traii»fer 
 qualified title only, i.e. without prejudice to estates 
 arising before the date of registration, or before a cer- 
 tain specified date, the purchaser will be entitled to 
 carry the investigation back for forty years according 
 to the ordinary rule, and to preclude him from so doing, 
 a special condition will be necessary. 
 
 Falkner v. Eq. Eev. Int. Soc, 4 (h) " Vendor and Purchaser Act, 
 
 Drew. 362. 1874," sect. 9. See In re Burroughs, 
 
 (<;) WUkinsoni). Hartley, 15 Beav. L. R. 5 C. D. 601. 
 183. 
 
 Digitized by Microsoft® 
 
32 
 
 CONDITIONS OF SALE. 
 
 OF FREE- 
 HOLDS OB 
 COPYHOLDS 
 IN ONE LOT. 
 
 Highest 
 bidder to be 
 purchaser, 
 and as to 
 advance on 
 biddings. 
 
 Deposit. 
 
 Timber to 
 be paid for 
 at a valua- 
 tion. 
 
 As to the 
 completion 
 of the pur- 
 chase. 
 
 No. I. 
 
 CONDITIONS o/Sale 0/ Freehold or Copyhold Property 
 
 in One Lot. 
 
 I. The highest bidder shall be the purchaser, and if any 
 dispute shall arise between two or more bidders the property- 
 shall be put up again at the last undisputed bidding. No 
 
 person shall advance at each bidding less than £ [or the 
 
 sum which shall be fixed by the auctioneer at the time of the 
 sale], and no bidding shall be retracted. The vendor reserves 
 the right to bid. 
 
 II. The purchaser shall immediately after the sale pay to 
 
 the auctioneer \_or to Mr. , the vendor's solicitor,] a deposit 
 
 of £ per cent, upon the amount of his purchase-money, 
 
 and sign an agreement to complete the purchase according to 
 these conditions 
 
 [IIa. In addition to the amount of his bidding at the sale, the 
 purchaser shall pay. for all timber and timber-like trees, tellers, 
 pollards, and saplings on the property, down to the value of one 
 shilling per stick inclusive, at a valuation to be made in manner 
 following (that is to say) : — Each party shall appoint a valuer, 
 and give notice thereof by writing to the other party within 
 fourteen days from the day of the sale. The valuers thus appointed 
 shall, before they proceed to act, appoint by writing an umpire, 
 and the two valuers or (if they disagree) their umpire shall 
 make the valuation. If either party shall neglect to appoint a 
 valuer or to give notice thereof to the other party for the space 
 aforesaid, the valuer appointed by the other party shall make 
 a final valuation aloue. In the following conditions the expres- 
 sion "the remainder of the purchase - money " includes the 
 amount of the aforesaid valuation.] 
 
 III. The remainder of the purchase-money shall be paid and 
 
 the purchase shall be completed on the day of next 
 
 at the office of Mr. (the vendor's solicitor), and if from any 
 
 cause whatever the purchase shall not be completed on that 
 day, the purchaser shall pay to the vendor interest after the rate 
 of £5 per cent, per annum on the remainder of the purchase- 
 
 Digitized by Microsoft® 
 
CONDITIOJiTS OF SALE. 33 
 
 money from that day until the completion of the purchase, o^ ™ee- 
 The purchaser shall be entitled to the possession lor the receipt copyholds 
 
 P,l tnn-ini ^IN ONE LOT. 
 
 ot the rents and profits] of the property from the said day 
 
 of next' all outgoings up to that day being cleared by the 
 
 vendor, and all current rents and outgoings shall be apportioned 
 for the purposes of this condition. 
 
 IV. The vendor will, within days from the day of sale, Delivery of 
 
 deliver to the purchaser or his solicitor, an abstract of title to comi'^nce-' 
 the property, such abstract to commence with indentures of title. " 
 
 lease and release dated , and the purchaser shall not require 
 
 the production of, or investigate or make any objection or 
 requisition in respect of the prior title, whether referred to in 
 any abstracted document or not (b). 
 
 [V. Recitals and statements contained in deeds or other Recitals to 
 documents dated twenty years or upwards prior to the day of 
 sale shall be deemed conclusive evidence of the facts and 
 matters i-ecited or stated therein, or to be implied there- 
 from, and also of the contents and due execution of all 
 documents recited or stated therein, and which are not in 
 the vendor's possession, and no objection shall be made on 
 account of the non-production of any such recited or stated 
 documents (c).] 
 
 VI. The production and inspection of all deeds and other Expense of 
 
 1 , . , , . production 
 
 documents not m the vendor s possession, and the procuring of deeds, 
 and making of all certificates, attested, official, or other copies ""P'"". «"=■ 
 of, or extracts from, any records, registers, deeds, wills, or other 
 documents, whether in the vendor's possession or not, and of 
 all declarations, and other evidence whatsoever, which may be 
 required by the purchaser for the purpose of veiifying the ab- 
 stract or for any other purpose, [and the getting in of all out- 
 standing estates, terms, and interests, if any,] and all searches, 
 inquiries, and journeys for any of the above purposes, shall be 
 at the expense of the purchaser. 
 
 VII. The purchaser shall not require any evidence of the identity. 
 identity of the property as described in the particulars with 
 
 the property described in the abstracted documents, other than 
 
 (6) Insert after the 4tli condition any special stipulations whicli the state 
 of the title may require. For forms of such conditions, see infrd. 
 
 (c) The "Vendor and Purchaser Act, 1874," s. 2, rule 2, makes recitals in 
 documents twenty years old sufficient evidence of facts, and may for this 
 purpose he relied on ; and if the state of the title is such that the last part 
 of the above condition beginning wth the words, " and also of the contents, 
 &c.," is not required, the whole condition may be omitted. 
 
 VOL. I. ° 
 
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34 CONDITIONS OF SALE. 
 
 OF FREE- 
 HOLDS OR 
 COPYHOLDS 
 IN ONE LOT. 
 
 a statutory declaration which will be furnished to him if he 
 requires it, at his own expense, that the property has been held 
 consistently with the title shown by the abstract during the 
 last twenty years. 
 Time for VIII. All obiections and requisitions in respect of the title, 
 
 making re- ^ ^ . , . 
 
 quisitions, or the abstract, or particulars, or anything appearing therein 
 respectively, shall be stated in writing and sent to the vendor's 
 
 solicitor within days from the delivery of the abstract, and 
 
 all objections and requisitions not sent within that time shall 
 
 and power be Considered to be waived. If any objection or requisition 
 
 certain shall be made and insisted on which the vendor shall be unable 
 or shall not think fit to remove or comply with, the vendor 
 shall be at liberty (notwithstanding any intermediate negotia- 
 tion on the subject of such objection or requisition or attempts 
 to remove or comply with the same), by notice in writing to 
 the purchaser, to rescind the sale ; in which case the purchaser 
 shall receive back the deposit without interest or costs. But 
 the purchaser may, within seven days after receiving the notice 
 to rescind, withdraw the objection or requisition, in which 
 case the notice to rescind shall be deemed to be withdrawn 
 also. 
 
 Vendor to IX. IJPON payment of the residue of the purchase-money at 
 
 make as- /. . i i 
 
 surances the time and place aforesaid, the vendor shall make and exe- 
 cute to the purchaser a proper assurance of the property, such 
 assurance to be prepared by and at the expense of the purchaser, 
 and to be left by him for execution at the office aforesaid, not 
 
 less than seven days before the said day of . [The 
 
 vendor being a trustee [or a mortgagee selling under a power of 
 sale] will not enter into any covenants for title other than the 
 usual covenant that he has done no act to encumber, and any 
 covenant for production of deeds which the purchaser can and 
 shall require shall be limited so as to bind the vendor personally 
 so long only as he shall have the custody of the deeds the sub- 
 ject of such covenant (d)]. 
 
 Tenancies ^- ^HE property is sold Subject to existing tenancies, and to 
 
 mente!*^' ^11 easomonts (e) (if any) affecting the same. 
 
 descri tf n ^^' '^^^ quantities stated in the particulars shall be presumed 
 to be correct, and an error as to quantity, if any such shall 
 
 (d) The words within brackets will be inserted if the vendor is a trustee 
 or mortgagee, but not otherwise. 
 
 (e) Add here if necessary, " quit rents and other incidents of tenure." 
 
 Digitized by Microsoft® 
 
CONDITIONS OF SALE. 35 
 
 be found, shall neither annul the sale nor entitle either party 2ol™oi 
 to compensation on account thereof. If any other mistake f^oN^"" 
 
 shall be found in the particulars before the completion of the 
 
 purchase (/), the same shall not annul the sale ; but a fair 
 compensation shall be made in respect thereof to or by the 
 purchaser, as the case may require, the amount to be settled, 
 in case of difference, by two referees, one to be appointed by 
 each party or their umpire ; and if either party shall fail to 
 appoint a referee for the space of ten days after notice shall 
 hare been given to him by the other party so to do, the referee 
 appointed by the other party may make a final decision 
 alone (g). 
 
 (Or the following.) 
 
 XIa. The description of the property in the particulars is Another 
 believed to be correct ; but if any error shall be found therein, '"""■ 
 the same shall not annul the sale, nor shall any compensation 
 be allowed in respect thereof (h). 
 
 XII. If the purchaser shall fail to comply with these con- vendor's 
 
 (/) See Boa v. Helsham, L. R. 2 Exch. 72. 
 
 (g) It is suggested that the following proviso might be properly added to 
 the end of the above condition, with a view to prevent either party from 
 being called on to pay compensation, when it would be more to his interest 
 to rescind the sale. 
 
 Pbovided always that the party from whom compensation 
 is claimed may, instead of submitting thereto at any time within 
 the period above allowed him for the appointment of a referee, 
 rescind the sale by a notice in writing given to the other party; 
 and in such case the purchaser shall receive back his deposit 
 without interest or costs. But the party making the claim 
 may, at any time within seven days from the receipt of the 
 notice to rescind, withdraw such claim, in which case the notice 
 to rescind shall be deemed to be withdrawn also. 
 
 If the above proviso is added, the words " except as hereinafter men- 
 tioned " should be introduced in the condition in the text, after the words 
 " shall not annul the sale." 
 
 (/i) It has been held that a condition in the form given above (XIa), Observ.1- 
 notwithstanding the generality of its language, will only cover slight tion? on 
 immaterial errors (Whittemore v. Whittemore, L. R. 8 Eq. 603), and it is excluding' 
 apprehended, moreover, that such errors must be in the nature of patent comijensa- 
 
 D 2 
 
 Digitized by Microsoft® 
 
36 
 
 COJSTDITTONS OF SALE. 
 
 or FREE- 
 HOLDS OR 
 
 IN ONE LOT. 
 
 rower to 
 resell on 
 purchaser's 
 default. 
 
 ditions, his deposit money shall be forfeited to the vendor, who 
 iN°ol™LOT ^^^^^ ^^ ^* liberty to proceed to another sale either by public 
 auction or private contract, with or without notice to the pur- 
 chaser at the present sale, and the deficiency, if any, occasioned 
 by such second sale, together with all charges attending the 
 same, shall immediately after such sale be made good by the 
 defaulter at this present sale, and in case of non-payment of the 
 same, the whole shall be recoverable by the vendor as and for 
 liquidated damages, and it shall not be necessary for the vendor 
 to tender a conveyance. 
 
 Whether 
 trustees for 
 sale can 
 allow com- 
 pensation 
 for misde- 
 scriptions. 
 
 tion for mis- defects ; and 'bearing in mind that patent defects (where there is no actual 
 ,aescnptions. mijj.gtatement) do not as a general rule confer a right of relief, even in the 
 absence of stipulation, the practical operation of the condition would seem 
 to be confined to slight errors in quantity. If so, it seems a fair objection to 
 its use, that its language so inaccurately describes its legal operation. More- 
 over, it is open to the observation that it may be used against the vendor, 
 and may probably be held to preclude him from claiming relief in some 
 cases of bond fide mistake on his part, where otherwise he would have been 
 able to do so. 
 
 It has been said that trustees are not justified in allowing compensation 
 for their o'wn errors, and that a Court of Equity will not act upon a clause 
 to that effect in the conditions (Dart, V. & P. 129). This must be taken to 
 mean, not that it is a breach of trust to sell subject to a condition allowing 
 compensation for errors, but that such a condition will not be permitted to 
 operate so as to prejudice the cestui que trust — in other words, to enable the 
 purchaser to get the property for a less sum than he would have paid if the 
 error had not occurred {White v. Ouddon, 8 01. & F. 760). But if the 
 mistake is one fairly admitting of compensation, e. g., a deficiency in 
 quantity, where the purchaser may be supposed to have bought by the 
 quantity, or an understatement of the amount of an annual outgoing, so 
 that a proportionate abatement of the purchase-money will reduce it to 
 the same amount as it may fairly be supposed would have been paid if the 
 particulars had been correct, such an abatement will be made as well where 
 the vendor is a trustee as when he is beneficial owner. (Hill v. Buckley, 
 17 Ves. 394.) 
 
 It is the duty of a trustee selling to describe the property correctly, and 
 any negligence on his part in this respect by which his cestuis que I/rust are 
 prejudiced, is a breach of trust. But inasmuch as a mistake may find its 
 way into the particulars from inadvertence, a trustee is justified, indeed it 
 is his duty, to make the same provision to meet such a case as a prudent 
 owner selling on his own account would do ; and as a condition making 
 misdescriptions a subject for compensation is a usual one, being considered 
 on the whole to be for the vendor's benefit, it follows that such a condition 
 may be ;properly used by a trustee, particularly as Courts of Equity will not 
 allow a purchaser to obtain by means of it aji unfair advantage over the 
 cestui que trust. {White v. Ouddon, uhi suprd.) 
 
 Digitized by Microsoft® 
 
CONDITIONS OF SALE. 37 
 
 Memorandum to be annexed to the Particulars and 
 Conditions. 
 
 MEMORANDUM. At the Sale by auction made this 
 day, of the property described in the above particulars, A. B. 
 of was the highest bidder for, and was declared the pur- 
 chaser of the said property, at the price of £ ; and the said 
 
 A. B. has paid to 0. D., as agent for and on behalf of (i) 
 
 the vendor, the sum of £ by way of deposit, and in part- 
 payment of the purchase-money ; and he hereby agi-ees to com- 
 plete the purchase, according to the above conditions, and the 
 said C. D., as the vendor's agent, hereby confirms the sale, and 
 acknowledges the receipt of the said deposit. 
 
 C. D. {auctioneer, or vendor's solicitor) for the vendor. 
 A. B. (purchaser). 
 
 OF FREE- 
 HOLDS OK 
 COPYHOLDS 
 IN ONE LOT 
 
 No. II. 
 CONDITIONS of Sale of a Leasehold House [and Ten- "" ^^''^^■' 
 
 " " L ' HOLDS IN 
 
 ant's fixtures] in One Lot [the fixtures to, be taken at a ""^ ''°'^- 
 valuation], 
 
 I., II. (As in Precedent No. I., supra, p. 31.) 
 
 [IIa. In addition to the ■ amount of his bidding at the sale 1??™''° 
 the purchaser shall pay for the tenant's fixtures in and about 
 the premises at a valuation to be made in manner following 
 (that is to say) : the vendor shall appoint one valuer and the 
 purchaser shall appoint another valuer, and each party shall 
 make such appointment by writing and give notice thereof to 
 the other party within fourteen days from the day of sale. The 
 
 (i) The name of the vendor should he inserted hefore the contract is 
 signed. Potter v. Duffield, L. R. 18 Eq. 6. See also Thomas v. Brown, 
 L. R. 2 Q. B. D. 714. The contract mitst contain the name of the vendor, 
 or he must be otherwise sufficiently described. In a case where the condi- 
 tions stated that the vendor was " a trustee selling under a trust for sale " 
 (Catling V. King, L. R. 5 C. D. 660), and in another case where the agent 
 for the vendors wrote to the purchaser saying that "the proprietors" 
 accepted his oflfer (Rossiter v. Miller, L. R. 5 C. D. 648), it was held that 
 the vendors were sufficiently described and identified. See also Williams 
 V. Jordan, L. R. 6 C. D. 517. 
 
 Digitized by Microsoft® 
 
38 CONDITIONS OF SALE. 
 
 OF LEASE- 
 HOLDS IK 
 ONE LOT. 
 
 valuers thus appoiuted shall, before they proceed to act, appoint 
 by writiug an umpire, and the two valuers, or if they disagree, 
 their umpire, shall make the valuation. If either party shall 
 neglect to appoint a valuer, or to give notice thereof to the 
 other party for the space aforesaid, the valuer appointed by the 
 other party shall make a final valuation alone. In the follow- 
 ing conditions the expression " the remainder of the purchase- 
 money " includes the amount of the aforesaid valuation.] 
 
 III. (As to the completion of the purchase, see Precedent 
 No, I., supra, p. 32.) 
 Delivery of IV. The Vendor will within days from the day of 
 
 abstract and .t.. ' -, . ... T_j.iir 
 
 commence- sale, deliver to the purchaser or his solicitor an abstract oi 
 
 raent of -^ .iii 
 
 title. title to the property, such abstract to commence with the lease 
 
 under which the vendor holds, and the purchaser shall not 
 inquire into or make any objection or requisition in respect of 
 the lessor's title. The vendor will produce to the purchaser 
 the receipt for the last payment of the rent which shall have 
 become due under the lease, and the same shall be deemed 
 sufficient and conclusive evidence that all covenants and con- 
 ditions contained therein and to be performed by the lessee have 
 been duly performed up to the completion of the purchase (J). 
 The nature of such covenants and conditions may be ascertained 
 by an inspection of the lease, or a copy or abstract thereof, 
 which will be produced at the time of sale. 
 
 If the property is held by an underlease, and the vendor 
 cannot procure the production of the superior lease. 
 
 Commence- IVa. The Vendor will, &c., (deliver abstract) such abstract to 
 when pro- commence with the underlease under which the property is held 
 
 underlease, by the Vendor, dated the day of , and the purchaser 
 
 shall not require the production of the superior lease, or make 
 any objection or requisition in respect of the same, or anything 
 therein contained, nor shall he inquire into the title either of 
 the superior lessor or of the sub-lessor, or make any objection 
 or requisition in respect of such title. The receipt for the last 
 
 (j) The following words may be added here if desirable, "and the 
 purchaser shall assume that the person by whom such receipt is given is 
 the lightful owner of the reversion expectant on the lease, without any proof 
 of the devolution of the title to him from the original lessor." 
 
 Digitized by Microsoft® 
 
CONDITIONS OF SALE. 39 
 
 payment of rent which shall have become due under the said o^j-i^ase- 
 underlease shall be produced to the purchaser, and he shall ""^ *■"■ 
 assume without further evidence that all covenants and con- 
 ditions contained in the underlease and superior lease respec- 
 tively, have been duly performed up to the completion of the 
 purchase. The underlease, or a copy thereof, will be produced 
 and may be inspected the day before the sale, at the office of 
 the vendor's solicitor. 
 
 {Or if the vendor can produce the superior lease.) 
 IVb. The vendor will, &c. {deliver abstract) such abstract to Another 
 commence with the underlease under which the vendor holds, 
 which underlease, or a copy thereof, and also a copy of the 
 superior lease will be produced at the sale, and may be in- 
 spected the day before the sale at the office of the vendor's 
 solicitors. The purchaser shall be deemed to buy with full 
 notice of all the covenants and conditions contained in the 
 underlease and superior lease respectively, and on the production 
 to him of the receipt for the last payment of rent which shall 
 have become due under the said underlease shall assume that 
 all the said covenants and conditions have been duly performed 
 up to the completion of the purchase. The title of the superior 
 lessor shall not be inquired into, and no objection shall be made 
 in respect thereof. 
 
 {Remaining conditions as in Precedent No. I., so far as they 
 are applicable.) 
 
 No. III. 
 CONDITIONS of Sale of Freeholds where the Vendor has or fkee- 
 
 ■^ " HOLDS WITH 
 
 a Registered Title under the " Land Transfer Act, registered 
 
 title. 
 
 1875." 
 
 I., II., III. {The same as in Precedent No. I.) 
 
 {If the vendor is the first registered proprietor with a 
 possessory title only.) 
 
 IV. The vendor is the first registered proprietor with a where ven- 
 tjossessorv title only of the premises offered for sale, the date of registered 
 
 1 in -«rt-NT*i f proprietor 
 
 ref'istration being the day oi 18 — . JNo evidence oi withapos- 
 
 Digitized by Microsoft® 
 
40 CONDITIONS OF SALE. 
 
 OF FREE- 
 HOLDS WITH 
 REGISTERED 
 TITLE. 
 
 title prior to the registration shall be required, and the pur- 
 chaser shall assume that, at the date of registration, no estate, 
 
 sessory title ^^gH 01' interest adverse to or in derogation of the vendor's 
 
 °°'''- title was subsisting or capable of arising. 
 
 {Or if the vendor is a transferee of the first registered 
 proprietor.) 
 Where IVa. The Vendor is the registered proprietor with a possessory 
 
 transferee title Only of the premises offered for sale . by transfer from the 
 proprietor ^^'^^ registered proprietor, the date of such first registration 
 
 being the day of 18 — . No evidence of title prior to 
 
 the first registration shall be required, and the purchaser shall 
 assume that at the date of Such registration, no estate, right, or 
 interest adverse to or derogatory of the title of the first 
 registered proprietor was subsisting -or capable of arising. 
 
 {Or if the vendor is registered proprietor with a qualified 
 
 title.) 
 vendOT has ^^S- The Vendor is the registered proprietor with a qualified 
 
 tit^c''''^^'^ title (estates, rights, and interests arising before the day of 
 
 18 — , being excepted from the effect of registration). No 
 
 evidence of title prior to the said day of 18 — , shall 
 
 be required, and the purchaser shall assume that no estate, right, 
 or interest adverse to or in derogation of the registered title was 
 
 subsisting or capable of arising on the said day of 
 
 18—. 
 
 {If the vendor has an absolute registered title no special 
 condition is necessary.) 
 
 v. The property is sold subject to the existing tenancies and 
 to all easements, quit rents, and other incidents of tenure, if any, 
 affecting the same. 
 
 VI., VII. {Conditions as to errors of description and vendor's 
 power to resell in case of purchaser's default, as in Precedent 
 No. I., suprd, pp. 34, 36.) 
 
 Digitized by Microsoft® 
 
CONDITIONS OF SALE. 41 
 
 No. IV. 
 CONDITIONS of Sale of Leaseholds where the vendor has "f i-ease- 
 
 *' •^ HOLDS WITH 
 
 a Registered Title under the "Land Transfer Act, reoistered 
 
 I., 11., III. (The same as in Precedent No. II.) 
 
 IV. The vendor is the registered proprietor of the leasehold of^j^^^jo'te 
 premis,es offered for sale, but •without any declaration of the ^^JSof 
 title of the lessor to grant the lease. The receipt for the last Pf^Jo°™|X 
 payment of rent which shall have become due under the lease 
 shall be accepted by the purchaser as conclusive evidence that 
 all the covenants and conditions contained in the lease, and to 
 be performed by the lessee, have been performed up to the com- 
 pletion of the purchase. The nature of such covenants and con- 
 ditions may be ascertained by an inspection of an office copy of 
 the lease, which will be produced at the time of the sale. 
 
 v., VI. Errors in particulars, and power to vendor to resell, 
 see Precedent No. I., supra, pp. 34, 36.) 
 
 No. V. 
 CONDITIONS of Sale of Property in Lots. of pboperty 
 
 IN LOTS. 
 
 I. The highest bidder shall be the purchaser ; and if any dis- Highest 
 pute shall arise between two or more bidders, the lot in dispute purchaser, 
 shall be put up again at the last undisputed bidding. JNo advaaiceon 
 person shall advance at each bidding less than £ [or, the 
 
 sura to be fixed by the auctioneer at the time of the sale], and 
 no bidding shall be retracted. The vendor reserves the right 
 to bid. 
 
 II. Every purchaser shall, immediately after the sale, pay to Deposit, 
 the auctioneer [or, to Mr. , the vendor's solicitor] a deposit 
 
 of £ per cent, on the account of his purchase-money, and 
 
 sio-n an agreement to complete his purchase according to these 
 
 conditions (k). 
 
 (k) Add, if intended, " And he shall also immediately after _the sale pay 
 to the vendor's solicitor the sum of one guinea for the contract." 
 
 Digitized by Microsoft® 
 
42 CONDITIONS OF SALE. 
 
 "TLOTr"" [11^- I^ addition to the amount of his bidding at the sale, 
 
 Timber to be *^® purchaser of each lot shall pay for all timber and timber- 
 
 vSuation* * ^i^® trees, pollards and saplings on such lot, down to the value 
 
 of Is. per stick inclusive, at a valuation to be made in manner 
 
 following (that is to say): each party shall appoint a valuer, 
 
 and give notice thereof by writing to the other party within 
 
 fourteen days from the day of sale. The valuers thus appointed 
 
 shall, before they proceed to act, appoint by writing an umpire, 
 
 and the two valuers, or (if they disagree) their umpire, shall 
 
 make the valuation. If either party shall neglect to appoint a 
 
 valuer, or to give notice thereof to the other party for the space 
 
 aforesaid, the valuer appointed by the other party shall make a 
 
 final valuation alone. In the following conditions the expression 
 
 " the remainder of the purchase-money " includes the amount of 
 
 the aforesaid valuation.] 
 
 As to the III. The remainder of the purchase-money of each lot shall 
 
 of the pur- be paid, and the purchase thereof shall be completed on the 
 
 day of next, at the office of the said , and if 
 
 from any cause whatever the purchase of any lot shall not be 
 completed on that day, the purchaser thereof shall pay to the 
 vendor interest after the rate of £5 per cent, per annum on the 
 remainder of the purchase-money from that day until the com- 
 pletion of the purchase. The purchaser of each lot shall be 
 entitled to the possession [or the receipt of the rents and 
 
 profits] of the lot purchased by him from the said day of 
 
 next, all outgoings up to that day being cleared by the 
 
 vendor, and all current rents and outgoings shall be apportioned 
 for the purpose of this condition. 
 
 Delivery of IV. Thb vcndor will, within days from the day of sale, 
 
 Mramene™'' deliver to the purchaser of each lot, or his soHcitor, an abstract 
 mentoftitie. ^^ ^j^^^ ^^ ^j^^ ^q^ purchased by him, but the purchaser of more 
 than one lot shall be entitled to one abstract only in respect of 
 the lots purchased by him. The title shall commence, as to 
 lot 1, with, &c., as to lot 2, with, &c., (cmd so on as to all the 
 lots), and no purchaser shall be entitled to call for the produc- 
 tion of or investigate or make any objection in respect of the 
 title to the lot purchased by him prior to the date of the docu- 
 ment with which the title to such lot is stipulated to commence, 
 whether such prior title is or is not referred to in any abstracted 
 document (l). 
 
 (Q Insert after the 4th condition any other special stipulations which the 
 state of the title may require. For forms of special conditions, see infrd. 
 
 Digitized by Microsoft® 
 
CONDITIONS OF SALE. 43 
 
 V. Recitals and statements contained in deeds or other ofpkopekty 
 
 IN LOTS. 
 
 documents dated twenty years or upwards prior to the day of ^[^^^^^ 
 sale, shall be deemed conclusive evidence of the facts and ^ evidence 
 matters recited or stated therein or to be assumed or implied 
 therefrom, and of the contents and due execution of any docu- 
 ments recited or stated therein, and which are not in the vendor's 
 possession, and no objection shall be made on account of the 
 nonproduction of any such recited or stated document (m). 
 
 VI. The production and inspection of all deeds and other Expense of 
 documents not in the vendor's possession, and the procuring and of deeds'™ 
 making of all certificates, attested, official, or other copies of, or copies, &o. 
 extracts from any records, registers, deeds, wills, or other docu- 
 ments, whether in the vendor's possession or not, and of all 
 declarations and other evidence whatsoever, which may be re- 
 quired by any purchaser for the purpose of verifying the abstract, 
 
 or for any other purpose, [and the getting in of all outstanding 
 estates, terms or interests (n)], and all searches, enquiries, and 
 journeys for any of the above purposes shall be at the expense 
 of the purchaser requiring the same. 
 
 VII. No purchaser shall require any other evidence of the identity. 
 identity of the lot purchased by him with any of the pro- 
 perty described in the abstracted documents than a statutory 
 declaration, which will be furnished to him if he requires it at 
 
 his own expense, that the property has been held consistently 
 with the title shown by the abstract for the last twenty years. 
 
 VIII. All objections and requisitions in respect of the title Time for 
 or the abstract, or particulars, or anything appearing therein quisitions, 
 respectively, shall be stated in writing, and sent to the vendor's 
 solicitor within days from the delivery of the abstract ; 
 
 and all objections and requisitions not sent within that time 
 shall be considered to be waived. If any objection or requisi- ^^^P^^f^,, 
 tion shall be made and insisted on which the vendor shall be^^^^'" 
 unable or unwilling to remove or comply with, the vendor shall ''^^■ 
 be at liberty (notwithstanding any intermediate negotiation in 
 respect thereof, or attempts to remove or comply with the same), 
 by notice in writing to the purchaser by whom such objection or 
 requisition shall be made, to rescind the sale : in which case the 
 purchaser shall receive back the deposit without interest or 
 costs, but the purchaser may within seven days after receiving 
 
 t 
 
 m) See suprA, p. 33, note (c). 
 
 m) The words in brackets will be used only wben necessary. 
 
 Digitized by Microsoft® 
 
44 CONDITIONS OF SALE, 
 
 OF PROPERTY 
 IN LOTS. 
 
 the notice to rescind, withdraw the objection or requisition, in 
 which case the notice to rescind shall be deemed to be with- 
 _ drawn also. 
 Vendor to IX. IJPON payment of the residue of the purchase-money at 
 ances. the time and place above mentioned, the vendor shall make and 
 execute to the purchasers proper assurances of their respective 
 lots, such assurances to be prepared by and at the expense of 
 the purchasers, and to be left by them respectively for execution 
 at the ofl&ce aforesaid, not less than seven days before the said 
 day of next. [The vendor being a trustee [or mort- 
 gagee selling under a power of sale] shall not be required to 
 enter into any covenants for title other than the usual covenant 
 that he has done no act to encumber (o).J 
 Custody and X. SucH of the documents of title in the vendor's possession 
 
 covenants ■*■ 
 
 tion^ot*""" ^^ relate to more than one lot shall be delivered to the pur- 
 deeds. chasor of the largest part in value of the lots to which the same 
 relate, if all such lots shall be sold, and he shall enter into the 
 usual covenants with the purchasers of the other lots to which 
 the same relate for the production and furnishing copies thereof. 
 If all the lots to which any documents relate are not sold, such 
 documents shall be retained by the vendor, and he shall enter 
 into the usual {p) covenants with the purchasers of such of the 
 same lots as are sold, for the production and furnishing copies 
 thereof. Every deed of covenant under this condition shall be 
 prepared by and at the expense of the covenantee, and shall 
 be perused by or on behalf of the covenantor at his own 
 expense (g). 
 Easements, XI. The sovoral lots are sold subject to the existing tenancies, 
 
 and appor- . i i • • i i* 
 
 tionment of all easemonts, quit rents, and other incidents of tenure (if any) 
 affecting the same. And where two or more lots are included 
 in one tenancy the rent shall be apportioned between such lots 
 as specified in the particulars, and the tenant shall not be re- 
 quired to concur in or consent to such apportionment. 
 
 Error in XII. The quantities of the lands forming the several lots are 
 
 believed and shall be taken to be correctly stated in the par- 
 ticulars, and no compensation or other relief shall be allowed for 
 an error in quantity. If any other mistake in the particulars 
 
 (o) Tke words within 'brackets will be inserted if the vendor is a trustee 
 
 or mortgagee, hut not otherwise. 
 
 (p) If the vendor is a trustee, add here " qualified." 
 
 (?) For other conditions as to custody ot deeds, see Condition No. X. 
 
 infrdi. 
 
 Digitized by Microsoft® 
 
 particulars. 
 
CONDITIONS OF SALE, 45 
 
 OF PROPERTY 
 IN LOTS. 
 
 shall be discovered before the completion of the purchase, a fair 
 compensation shall be made in respect thereof to or by the pur- 
 chaser as the case may require ; the amount to be settled, in 
 case of difference, by two referees, one to be appointed by each 
 party, or their umpire, and in case either party shall fail to 
 appoint a referee for the space of ten days after notice shall 
 have been given to him by the other party so to do, the referee 
 appointed by the other party shall make a final decision alone. 
 
 (Or the following, if preferred.) 
 XIIa. The description of the several lots in the particulars 
 is believed and shall be deemed to be correct, and if any error 
 shall be found therein the same shall not annul the sale, nor 
 shall compensation be allowed in respect thereof (r). 
 
 XIII. If any purchaser shall fail to comply with these con- Power to 
 
 I'l- ini/»/>'ii 1 1. vendor to 
 
 ditions, his deposit money shall be forfeited to the vendor, who resell in 
 shall be at liberty to proceed to another sale, either by public default by 
 
 *J ^ ^ ^ ^ '' ^ purchaser. 
 
 auction or private contract, with or without notice to the pur- 
 chaser at the present sale, and the deficiency (if any) occasioned 
 by such second sale, together with all charges attending the 
 same, shall, immediately after such sale, be made good by the 
 defaulter at this present sale ; and, in case of nonpayment of the 
 same, the whole shall be recoverable by the vendor, as and for 
 liquidated damages ; and it shall not be necessary for the vendor 
 to tender a conveyance. 
 
 Memorandum to be annexed to the Particulars and Conditions. 
 MEMORANDUM.. At the Sale by auction, made this 
 day, of the property comprised in the above particulars, A. B., 
 of , was the highest bidder for, and was declared the pur- 
 chaser of lot , at the price of £ , and the said A. B. has 
 
 paid to C. D., as agent for and on behalf of (s), the vendor, 
 
 the sum of by way of deposit, and in part payment of the 
 
 purchase-money; and he hereby agrees to complete the pur- 
 chase according to the above conditions : and the said C. D., as 
 the vendor's agent, hereby confirms the said sale and acknow- 
 ledges the receipt of the said deposit. 
 
 CD. (auctioneer, or vendor's solicitor) 
 
 for the vendor. 
 A. B. (purchaser). 
 
 (r) See suprd, p. 35, note (h). 
 
 (s) The name of the vendor should he inserted in the contract before it is 
 signed. 
 
 Digitized by Microsoft® 
 
46 
 
 CONDITIONS OF SALE. 
 
 No. VI, 
 
 ^_ CONDITIONS of Sale of a Large Estate, comprising 
 
 OF FREE- 
 HOLDS, COPY- 
 
 Lr?ATEHOLDs rREEHOLDS, COPYHOLDS, and LEASEHOLDS, in LoTS, the 
 
 IN LOTS. 
 
 Biddings. 
 
 Payment of 
 purchase- 
 money, and 
 comjjletion 
 of purchase. 
 
 Delivery of 
 abstract. 
 
 Commence- 
 ment of 
 title. 
 
 Condition 
 as to lease- 
 holds 
 
 Vendors being Trustees. 
 
 I. The highest bidder shall be the purchaser, and if any 
 dispute shall arise as to the last or best bidder, the lot in dispute 
 shall be put up again. No person shall at any bidding advance 
 
 less than £ \or, the sum to be fixed by the auctioneer at 
 
 the time of the sale], or retract his bidding. The vendors 
 reserve the right to bid. 
 
 II. Every purchaser shall, immediately after the sale, pay a 
 
 deposit of £ per cent, in part of his purchase-money, and sign 
 
 an agreement to pay the remainder and complete his purchase 
 according to these conditions. 
 
 IIa., III. {As in Precedent No. V., swpra, p. 42.) 
 
 IV. The vendors shall, within days from the day of sale, 
 
 deliver to every purchaser, whose purchase-money (exclusive of 
 the value of the timber) shall amount to iG500 or upwards, or 
 his solicitor, an abstract of title to the lot or lots purchased by 
 him ; but the purchaser of more than one lot shall be entitled 
 to one abstract only in respect of the lots purchased by him. 
 No purchaser whose purchase-money (exclusive as aforesaid) 
 shall be less than £500, shall be entitled to an abstract at the 
 vendor's expense, but he may have an abstract at his own 
 
 expense, and may inspect at the office of a general abstract 
 
 of title, comprising the lot or lots purchased by him. 
 
 V. The title to the several lots shall commence as follows : 
 [Here insert such special conditions as the state of the title may 
 require. See infra.] 
 
 VI As to such of the lots as are of leasehold tenure, no pur- 
 chaser shall require the production of any lease or leases prior to 
 the now subsisting lease thereof, or any copy of such prior lease 
 or leases, the same having been from time to time surrendered 
 to the lessors for the purposes of renewal, and no purchaser shall 
 inquire into the lessor's title, nor make any objection or requisi- 
 tion in respect thereof, nor require any other evidence of the 
 performance of the covenants and conditions contained in the 
 lease thereof up to the completion of the purchase, than the 
 
 Digitized by Microsoft® 
 
CONDITIONS OP SALE, 47 
 
 production of the receipt for the last payment of rent which „ "^"co^py. 
 shall have become due. _ Sorz.s 
 
 VII. to X. {Conditions as to recitals, expense of production "* '•'^^ 
 of deeds, identity, time for making requisitions, and power to 
 rescind in certain cases. See Precedent No. I., supra, 
 pp. 33, 34). 
 
 XI. Upon payment of the remainder of the purchase-money Execution 
 
 I'll 1 '111 111 ofconvey- 
 
 at the time and place above mentioned, the vendors and all anoes to 
 
 . , ,, , , purchasers. 
 
 other necessary parties shall make and execute proper assurances 
 to the purchasers ; such assurances to be prepared by and at the 
 expense of the respective purchasers, and to be tendered or left 
 by them respectively at the office of the vendors' solicitors, seven 
 
 days at least before the day of , for examination and 
 
 execution by the vendors. The vendors being trustees, will onJlfo^g. 
 enter into no other covenant than a covenant that thev have !lf°* !*"'"'' 
 not incumbered the property, and the concurrence of the parties *"«"=™- 
 beneficially interested in the property or purchase-money shall 
 not be required. 
 
 XII. (Conditions as to deeds, supra, p. 4<4!, adding at the 
 end, and every deed of covenant to be entered into by the 
 vendors shall be limited so as to bind them personally so long 
 only as they shall respectively have the custody of the said 
 documents.) 
 
 XIII. All the lots are sold subject to the existing tenancies, Lots soia 
 and to all quit and other rents and incidents of tenure, and all tenancies 
 riglits of way or water and other easements (if any) affecting the menta. 
 same respectively ; and where two or more lots are let to the 
 same tenant at an entire rent, such rent shall be apportioned 
 between such lots in the proportions stated in the particulars, 
 
 and the concurrence of the tenant in such apportionment shall 
 not be required (t). 
 
 XIV., XV. (Conditions as to errors in particulars, and 
 power to vendor to resell in certain cases, as in Precedent 
 No. I., supra, pp. 34, 36.) 
 
 (<) When a property which is subject to a lease at an entire rent is 
 sold in lots, a purchaser, before he agrees to buy one of the lots separately, 
 should bear in mind that the condition of re-entry was destroyed by the 
 severance of the reversion prior to the 22 & 23 Vict. . c. 35, and that that 
 Act, in altering the law in this respect, makes legal a{)portionment of the 
 rent necessary in order to enable him to enter under the condition, sec. 3. 
 
 Digitized by Microsoft® 
 
48 
 
 CONDITIONS OF SALE. 
 
 or REVER- 
 SIONARY 
 INTERESTS, 
 POLICIES, 
 ANNUITIES, 
 &C. 
 
 Highest 
 bidder. 
 
 Advance. 
 
 " Deposit. 
 
 Delivery of 
 abstract. 
 
 No. VII. 
 
 CONDITIONS of Sale as to Reveesionaey Interests in 
 Personalty, Policies, Annuities, Life Interests, &c. 
 
 I. The highest bidder shall be the purchaser, and if any 
 dispute shall arise between two or more bidders, the lot in dis- 
 pute shall immediately be put up again. No person shall 
 
 advance less than £ at each bidding, or retract his bidding. 
 
 The vendor reserves the right to bid. 
 
 II. Every purchaser shall, immediately after the sale, pay 
 
 into the hands of the auctioneer a deposit of £ per cent. 
 
 in part of his purchase-money, and sign an agi-eement to pay 
 the remainder, and complete the purchase according to these 
 conditions, on the day of next. 
 
 III. The purchase of each lot shall be completed on the 
 ■ day of next, and if from any cause whatever, any pur- 
 chase shall not be completed on the said day of next, 
 
 the purchaser shall pay interest on the remainder of the pur- 
 chase-money after the rate of £5 per cent, per annum from that 
 day until the purchase shall be actually completed, without 
 prejudice nevertheless to these conditions. 
 
 IV. The vendor shall deliver to every purchaser, or to his 
 solicitor, an abstract of the title to the lot or lots purchased 
 
 by him within days from the day of sale ; and every 
 
 purchaser shall make his objections and requisitions (if any) 
 in respect of the title to the lot or lots purchased by him, 
 
 and send the same to the office of Mr. within 
 
 days from the delivery of the abstract ; and all objections or 
 requisitions which shall not be made within the time above 
 specified shall be taken to be waived ; and in case any purchaser 
 shall make any objection or requisition which the vendor shall 
 be unable or unwilling to remove or comply with, the ven- 
 dor shall be at liberty, notwithstanding any intermediate 
 negotiation on the subject of such objection or requisition or 
 attempts to remove or comply with the same, by notice in 
 writing to the purchaser, by whom such objection or requisition 
 shall be made, to rescind the sale : in which case the deposit, 
 without interest, shall be returned to the purchaser, who shall 
 
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CONDITIONS OF SALE. 49 
 
 have no claim on the vendor for the expenses of investigating °^^g^^^^' 
 the title or other expenses, or for compensation. interes™. 
 
 V. Upon payment of the remainder of the purchase-money "<^^™- 
 
 Preparation 
 
 at the time and place above mentioned, the vendor shall execute 
 proper assignments and assurances to the several purchasers of ™f^ o?™ 
 the lots purchased by them respectively ; such assignments and "^surance. 
 assurances to be prepared by and at the expense of the pur- 
 chasers, and to be left by them at least days previous to 
 
 the said day of next, at the office aforesaid, for 
 
 execution by the vendor. 
 
 VI. The purchasers, on payment of the remainder of the ^iJ^i™™"' 
 purchase-money, agreeably to the third condition, shall be annnioeb, 
 entitled to all advantages on the reversions and policies from 
 
 the hour of sale, and to the current half-year's dividends, or the 
 interest on anpuities, life interests, &c. ; and all premiums on 
 policies falling due or becoming payable between the day of 
 sale and the completion of the purchase are to be paid by the 
 several purchasers thereof. 
 
 VII. The title to lot shall commence with the will of Titietobe 
 
 deduced to 
 
 A. B., late of , widow, under which the legacy mentioned reversiouaiy 
 
 in the particulars is derived, and by the trustees of whose will 
 the same was paid into the Court of Chancery under the 
 Trustees' Relief Act ; but the vendor shall not be required to 
 produce the probate of such will or any residuary or other 
 accounts, or to prove that the reversionary interest forming the 
 
 subject matter of lot has not been otherwise encumbered 
 
 than as in the particulars appears. 
 
 VIII. Every purchaser shall be entitled, at his own expense, J^'^*"/^™' 
 to examine his abstract with such deeds and other documents iJjS'yg*'' 
 as are in the vendor's possession ; but the vendor shall not be f^^^^^ "^^ 
 bound to produce or procure the production of any deeds, wills, session. 
 or other documents whatsoever, not in his possession, either for 
 
 the examination or verification of the abstract or otherwise, nor 
 to procure attested or other copies of, or extracts from, or a 
 covenant for the production of such deeds, wills, or other docu- 
 ments ; and the non-production of any such deeds, wills, or 
 other documents, as are not in the vendor's possession, shall not 
 be deemed an objection to the title. 
 
 IX. The production and inspection of all deeds, chancery ^^^p™«/^°'' 
 proceedings, and documents not in the actual possession of the 
 vendor, and all attested and other copies of the deeds, chancery 
 proceedings or other documents required by any purchaser, and 
 
 VOL. I. ^- 
 
 Digitized by Microsoft® 
 
50 
 
 CONDITIONS OF SALE, 
 
 OP REVER- 
 SIONARY 
 
 INTERESTS, 
 POLICIES, 
 
 ANNUITIES, 
 &C. 
 
 Errors in 
 particulars 
 and com- 
 pensation. 
 
 Vendor may 
 re-sell, 
 in ca^e of 
 purchaser's 
 default. 
 
 all ofHcial and other copies of, or extracts from, any registers, 
 deeds, wills, chancery proceedings, or other documents, and all 
 parish and other certificates, and all declarations, evidence, and 
 " information whatsoever, whether required for verifying the 
 abstract or otherwise, not in the possession of the vendor, shall 
 be respectively obtained at the expense of the purchaser re- 
 quiring the same ; and the vendor shall not be required to give 
 any evidence or information relative to any deeds, evidences, 
 writings, or documents, not in his own possession, nor to identify 
 or otherwise prove by evidence not in his possession that the 
 sum of stock, — the reversion to one third part of which forms 
 
 lot of the particulars, — is the same as that given by the 
 
 will of the said A, B., deceased ; and the vendor is not to be 
 required to produce evidence in support of any statements on 
 which the respective policies may be respectively granted. 
 
 X. If any mistake or omission shall be discovered in the 
 description of the property, or any error whatever shall appear 
 in the particulars, such mistake, omission or error shall not 
 vitiate or annul the sale, but a compensation or equivalent shall 
 be given or taken, as the case may require, to be settled by two 
 referees or their umpire, each party within ten days after the 
 discovery of the error and notice thereof being given to the 
 other party to appoint one referee by writing ; and in case 
 either party shall neglect or refuse to nominate a referee within 
 the time appointed, the referee of the other party alone may 
 make a final decision : and if two referees are appointed, they 
 shall nominate an umpire before they enter upon business, and 
 the decision of such referees or umpire, as the case may be, 
 shall be final. 
 
 XI. If any purchaser shall fail to comply with these con- 
 ditions, his deposit money shall be actually forfeited to the 
 vendor, who shall be at full liberty to proceed to another sale, 
 either by public auction, or private contract, with or without 
 notice to the purchaser at this sale, and the deficiency (if any) 
 occasioned by such second sale, together with all charges 
 attending the same, shall, immediately after such sale, be made 
 good by the defaulter at this present sale ; and in case of non- 
 payment of the same, the whole thereof shall be recoverable by 
 the vendor as and for liquidated damages ; and it shall not be 
 necessary for the vendor previously to tender an assignment to 
 the purchaser or purchasers respectively. 
 
 Digitized by Microsoft® 
 
CONDITIONS OF SALE. 51 
 
 No. VIII. 
 
 CONDITIONS as to an Estate Sold undee an Order of an 
 of the Chancery Division of the High Court of sold™™ 
 Justice. "" '"'°'""^- 
 
 I. No person is to advance less than £ at any bidding, Advance. 
 
 or retract a bidding. 
 
 II. The sale is subject to a reserved bidding, which has been Reserved 
 fixed by the Judge to whose Court this cause is attached. '"'^'''"^' 
 
 III. The purchaser is at the time of sale to subscribe his Purchaser 
 name and address to his bidding, and the abstracts of title and ws^name""'* 
 all written notices and communications and summonses are to 
 
 be deemed duly delivered to and served upon the purchaser by 
 being left for him at such address, unless or until he is repre- 
 sented by a solicitor. 
 
 IV. The purchaser is at the time of sale to pay a deposit of Deposit. 
 £ per cent, on the amount of his purchase-money to , 
 
 the person appointed by the said Judge to receive the same. 
 
 V. The chief clerk of the said Judge will after the sale The chiei 
 
 proceed to certify the result, and the day of , at verify the 
 
 o'clock in the noon, is appointed as the time at which the 
 
 purchaser may, if he think fit, attend by his solicitor at the 
 chambers of the said Judge to settle such certificate. The 
 certificate will then be settled and will in due course be signed 
 
 and filed, and become binding without further notice or expense 
 to the purchaser. 
 
 VI. The vendor is, within days after such certificate Delivery of 
 
 I'T 1 1 •!• abstract. 
 
 has become bmding, to deliver to the purchaser or his solicitor 
 an abstract of the title to the lot purchased by him, subject to 
 the stipulations contained in these conditions, and the purchaser J'^y^^gf 
 
 is within days after the actual delivery of the abstract to oi^jections. 
 
 deliver at the office of , solicitor at , in the county 
 
 of , a statement in writing of his objections and requisitions 
 
 (if any) to or on the title as deduced by such abstract ; and upon 
 the expiration of such last-mentioned time (and in this respect 
 time is to be deemed of the essence of the contract), the title is 
 to be considered as approved of and accepted by the purchaser, 
 subject only to such objections and requisitions (if any). 
 
 VII. The purchaser is, in addition to the amount of his T™ber to 
 bidding at the sale, to pay the value of all timber and timber- ^^^ »"'>! 
 
 E 2 
 
 Digitized by Microsoft® 
 
52 , CONDITIONS OF SALE. 
 
 OP AST 
 ESTATE 
 
 like trees, tellers, and pollards on the property, down to Is. per 
 ^"'■j^^J'™™ stick inclusive, the amount thereof to be ascertained by a 
 : valuation to be made in manner following (that is to say) : each 
 
 party, or his solicitor, is within days after the chief clerk's 
 
 certificate has become binding, to appoint by writing one valuer, 
 and give notice in writing to the other party of such appoint- 
 ment, and the valuers so appointed are to make such valuation, 
 but before they commence their duty they are to appoint an 
 umpire by writing, and the decision of such valuers if they 
 agree, or of such umpire if they disagree, is to be final, and in 
 case the purchaser shall neglect or refuse to appoint a valuer, 
 and give notice thereof in the manner and within the time 
 above specified, the valuation is to be made by the valuer 
 appointed by the vendor alone, and his valuation is to be final. 
 Payment of VIII. The purchaser is under an order for that purpose to be 
 
 purchase- ^ -^ •*■ 
 
 N°£7 "" obtained by him, or in case of his neglect by the vendor at the 
 costs of the purchase!-, upon application at the chambers of the 
 said Judge, to pay the amount of his purchase-money (after 
 deducting the amount paid as a deposit) together with the 
 amount of the valuation under the 7th condition into the Bank 
 .of England, to the account of the Paymaster-General, to the 
 
 credit of the cause v. , " the account of the produce of 
 
 the real estates," on or before the day of 187 — , and 
 
 if the same is not so paid, then the purchaser is to pay interest 
 on his purchase-money, includiiig the amount of such valuation, 
 
 at the rate of £5 per cent, per annum from the said day 
 
 of -^ — to the day on which the same is actually paid. Upon 
 payment of the purchase-money in manner aforesaid, the pur- 
 chaser is to be entitled to possession of such parts of the estate 
 as are in hand, and to the rents and profits of such parts as are 
 let, as from the day of , down to which time all out- 
 goings are to be paid by the vendor (u). 
 
 IX. If any error or misstatement shall appear to have been 
 made in the above particulars, such error or misstatement is 
 not to annul the sale nor to entitle the purchaser to be dis- 
 charged from his purchase, but a compensation is to be made 
 to or by the purchaser as the case may be, and the amount of 
 such 'compensation is to be settled by the said Judge at 
 Chambers. 
 
 (u) Add, after the 8th condition, any special condition as to title or title 
 deeds which the state of the title may require. 
 
 Error in 
 particulars. 
 
 Digitized by Microsoft® 
 
CONDITIONS OF SALE. 53 
 
 OF AN 
 
 ESTATE 
 
 X. If the purchaser shall not pay his purchase-money at the 
 time above specified, or at any other time which may be named ^^''^j.oker" 
 in any order for that purpose, and in all other respects perform Default of 
 these conditions, an order may be made by the said Jud^e upon |SS'e-°' 
 application at chambers for the re-sale of the property, and for ™°"^y- 
 payment by the purchaser of the deficiency (if any) in the price 
 which may be obtained upon such re-sale, and all costs and 
 expenses occasioned by such default. 
 
 No. IX. 
 CONDITIONS of Sale of Standing Timber. of 
 
 STANDING 
 TIMBER. 
 
 I. The highest bidder shall be the purchaser, and if any ^^^^ 
 dispute shall arise between two or more bidders, the lot in bidder to 
 dispute shall be put up again or not at the discretion of the purchaser. 
 auctioneer, who is to be the sole arbitrator in such dispute. 
 
 The auctioneer is to have the right of refusing any bidding, and 
 of withdrawing, consolidating, or dividing any lots contained in 
 the particulars of sale. 
 
 II. The vendor shall not be answerable for the description of £^tf " 
 the lot after the fall of the hammer. The purchaser must take cS?dtag*to " 
 it with all faults, errors of description or number, and be at all S'wFthTu 
 risks. No person to advance a less sum at each bidding than " ■ 
 shall be named by the auctioneer, or retract his bidding, and 
 
 the auctioneer shall be at liberty to bid once or oftener on each 
 lot for the benefit of the vendor. 
 
 TTI The purchaser of each lot shall at the close of the sale, or Payment of 
 
 ■■■■^ r purchase- 
 
 of his bidding if required, pay into the hands of the auctioneer money. 
 a deposit of twenty per cent, in part of his purchase money, and 
 give his name and place of abode, and shall also sign an agree- 
 ment to complete the purchase according to these conditions, 
 and each purchaser shall give the vendor his bill of seven 
 months for the unpaid purchase-money for the oak, and his bill 
 of four months for the unpaid purchase-money for the remainder 
 of the timber, and each such purchaser shall, if required by the 
 vendor or his agent, be provided with a responsible person or 
 persons to join him in such bills respectively as aforesaid, such 
 bills to be given to the auctioneer at the close of the .sale, or 
 
 Digitized by Microsoft® 
 
54 CONDITIONS OF SALK 
 
 STANDING 
 TTMBEB, 
 
 ■within one week from the day of sale, the purchaser paying for 
 the stamps, and not until the same shall be so given and exe- 
 cuted, and, such further security shall be given if required as 
 hereinafter mentioned, shall the purchaser be allowed to enter 
 on his lot or lots, or commence cutting the timber, and if he 
 previously attempt to do so he shall be deemed a trespasser, 
 and liable to pay to the vendor treble the amount of his pur- 
 chase-money for such lot or lots, to be recovered as liquidated 
 damages. Each purchaser shall at any time or times give 
 further security if requested. The purchasers shall respectively 
 pay to the auctioneer sixpence in the pound over and above the 
 purchase-money for fees. 
 How the IV. The trees are to be felled with as much care as possible, 
 
 timber is to ^ 
 
 be felled and and the bark and wood thereof to be properly stacked, and 
 
 removed, sr r j j 
 
 removed only by the usual roads, and the purchasers are to be 
 accountable for all damage done to any of the remaining timber, 
 or otherwise to the estate of the vendor, or to cattle browsing 
 on the grounds and premises, no tree is to be rooted up without 
 the sanction of the vendor or his agent being first obtained, and 
 the purchaser before the trees are thrown shall sever and cut 
 off such boughs as are necessary to prevent such damage, and 
 if any workman shall be objected to by the vendor, the pur- 
 chaser shall on application or notice being given him for this 
 purpose discharge such workman from off the estate, and the 
 purchaser shall forfeit £5 for every tree or sapling cut which 
 has not been marked for sale. No dogs are to be taken on any 
 part of the estate, either by the purchasers or their workmen. 
 All the oak timber is to be removed from off the lands in dry 
 or frosty weather, having regard to the season, on or before 
 
 the day of , 187 — , and the remainder of the said 
 
 timber is to be removed and cleared away before the day 
 
 of , 187 — , except lots , which shall be removed before 
 
 the day of , 187 — . All lots remaining after the time 
 
 before mentioned shall be forfeited to the vendor. Purchasers 
 whose amounts shall not exceed £10 shall pay for the same on 
 
 or before the day of , 187—. The whole of the tops 
 
 shall be properly bundled immediately after the trees are 
 felled, and shall be removed from off the lands within one 
 month after such felling, and if not removed as aforesaid shall 
 be forfeited. 
 Shs to ^- '^^^ purchasers shall not enter on any arable lands after 
 away'and ^^^ ^amo shalL be sown with corn, or upon any grass land after 
 
 Digitized by Microsoft® 
 
CONDITIONS OF SALE. 55 
 
 aXANDINO 
 
 the same is laid up until mown, nor upon any young grass, 
 turnips, or other crops, to carry away the timber, without the '""'""'■ 
 consent of the respective occupiers until the crops are respec- J"^ damage 
 tively cleared, and the whole of the timber is to be removed f™- 
 only by the roads and gaps appointed by the vendor or his 
 agent. No purchaser will be allowed to sink pits for the con- 
 version of his timber on the estate without the consent of the 
 proprietor or his agent. Any injury or damage done to the 
 property of the vendor or his tenants shall be ascertained by 
 the auctioneer or any person he may appoint, whose award or 
 determination of dama.ges shall be final. The specified number 
 of trees on the catalogue annexed shall be taken as correct. 
 The whole of the timber shall be felled by the respective pur- 
 chasers at their own expense, except lots , which shall be 
 
 felled by and at the expense of the vendor. 
 
 VI. The purchasers of the pollards, saplings, poles, hurdle- condition as 
 wood, and underwood, shall pay for the same at the close of the fo^ o-'f^ 
 
 clearing 
 
 sale. The pollards, saplings, and poles shall be cleared off the "^{jj^^ 
 
 premises by the day of , and the hurdlewood and sapungs! &c. 
 
 underwood by the day of . The purchasers of the 
 
 hurdlewood shall not cut any saplings that are marked, nor any 
 saplings that are likely to become trees. 
 
 VII. No part of the timber, trees, wood, or bark shall be in Pi-ovisions 
 
 Jr J J t in case of 
 
 anywise liable to be seized or taken by any person other than o? p'S^ch^er 
 the vendor for the debts, or other engagements, if any, of the nfent'or''" 
 purchasers, until the whole of the purchase money is paid, and Ee^&c. 
 satisfaction is made for damages as aforesaid, notwithstanding 
 any bankruptcy of or any other thing whatsoever affecting the 
 purchasers or any of them. The carriages used shall have broad 
 wheels, and the usual roads shall not be deviated from but with 
 the consent of the vendor or his agent. 
 
 VIII. If any purchaser shall refuse or neglect to comply with ^™™'°"^ 
 the foregoing conditions, or attempt to remove any of the said f^g^~ 
 timber from off the lands and premises before the purchase p?^oL'""' 
 money is paid or security given as aforesaid, then the deposit <=™'ii''™''- 
 money shall be forfeited to the vendor, who shall be at liberty 
 
 by himself or his agent to follow and stop the timber wherever 
 it may be found, and to resell the same by public auction or 
 private contract, and the deficiency, if any, together with all 
 expenses attending the same, shall be made good by the de- 
 faulter or defaulters at this present sale, and be recoverable as 
 and for liquidated damages, but any increase of price shall 
 belong to the, vendor. 
 
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56 
 
 CONDITIONS OF SALE. 
 
 AS TO 
 
 COMMENCE- 
 MENT OF 
 TITLE. 
 
 No. X. 
 
 SPECIAL CONDITIONS as to Commencement and 
 Evidence of Title. 
 
 I. The title to lot 
 
 ■ shall commence with a general devise 
 — , who died in the year , and 
 
 "With inden- 
 tures of 
 lease and 
 release, 
 
 With 
 
 iuclosure 
 
 award. 
 
 Title to 
 
 commence . .ii c 
 
 with general contained in the Will 01 
 
 the purchaser shall assume that the testator was, at the date of 
 his will, and from thence to the time of his death, seised in fee 
 simple of the said lot, and shall not require the production of, or 
 investigate or make any objection in respect of the prior title to 
 the said lot, whether such prior title is or is not referred to in 
 any abstracted docunient. 
 
 II. The title to lot shall commence with indentures of 
 
 lease and release, dated , and the purchaser shall not 
 
 require the production of, or investigate or make any objection 
 in respect of the prior title thereto, whether such prior title is 
 or is not referred to in any abstracted document. 
 
 III. The title to lot shall commence with the 
 
 inclosure award, dated, &c., under which the same was allotted 
 
 to , and the purchaser shall not be entitled to call for the 
 
 production of, or to investigate or make any objection in respect 
 of the title to the property, in respect of which such allotment 
 was made, and such award shall be deemed conclusive evidence 
 of the title to and tenure of the said allotment, and the validity 
 and regularity of the award in all respects shall be presumed. 
 
 IV. The title to lot shall commence with the in- 
 closure award dated under which the same was allotted 
 
 to in exchange for other land, and the purchaser shall not 
 
 be entitled to call for, or investigate, or make any objection in 
 respect of the prior title to the said lot, or the title to the land 
 given in exchange for the same, and the validity and regularity . 
 of the said award in all respects shall be presumed. 
 
 V. Lots and appear in a terrier and map annexed 
 
 to the inclosure award dated , and are therein men- 
 tioned to be old enclosures belonging to . Such terrier 
 
 and map shall be deemed sufficient evidence of the seisin in fee 
 
 simple of the said ; and no earlier title to the said lots 
 
 shall be required. 
 
 With ex- 
 change 
 under in- 
 closure 
 award. 
 
 With state- 
 ment in 
 inclosure 
 award. 
 
 Digitized by Microsoft® 
 
CONDITIONS OF SALE. 57 
 
 AS TO 
 COMMENCE- 
 MENT OF 
 TITLE. 
 
 VI. Where any part of the property appears on the abstract 
 to Lave been purchased from the Commissioners under an 
 Inclosure Act, the purchaser shall presume that the provisions pj.eg„„p. 
 and directions of the Act in relation to the sale by the Com- *e™C% of 
 missioners, and payment of the purchase-money, and also in *™'*- 
 relation to the making of the said property tithe free, have been 
 
 duly complied with. 
 
 VII. The vendors shall not be required to produce or show commence- 
 
 _ '■ ^ raent of 
 
 the title to any lands taken in exchange by deed, or under any title as to 
 
 •^ o J ' J exchanges 
 
 Act of Parliament or award anterior to the deed, Act of Parlia- ™'' ?"°*- 
 
 ' meiits. 
 
 ment, or award, by or under which such exchanges or awards 
 were made, or to call for the production or to make any objection 
 in respect of the title to the property given in exchange, and 
 no evidence of the requisite consents to any such exchanges 
 shall be called for or required ; and as to allotments under any 
 inclosure award, the title shall commence with the award, and 
 the purchaser shall not be entitled to call for the production or 
 to make any objection on account of the title to the property in 
 respect of which such allotments or award may have been made, 
 and such award shall be considered as conclusive evidence of the 
 title to and tenure of such allotments, and the validity and 
 regularity of such award shall in all respects be presumed. 
 
 VIII. The title shall commence with the existing lease of the '"'*'^ '" 
 
 o commence 
 
 property, and the purchaser shall not inquire into the lessor's '"'■'' '^**°- 
 title, or make any objection in respect of the same, or require 
 the production of, or make any objection in respect of any lease 
 or leases, which may appear to have been surrendered for the 
 purpose of renewal ; nor shall he be entitled to any other 
 evidence of the rent reserved by the lease having been paid, or 
 the covenants and conditions therein contained having been 
 performed up to the completion of the purchase, than the 
 receipt for the last payment of rent which shall have become 
 due. The nature of such covenants and conditions may be 
 ascertained by a perusal of the lease, or an abstract, or a copy 
 thereof, which will be produced at the sale. 
 
 IX. The property is held under a lease dated , and ^^^^'J^^- 
 
 (after divers mesne assignments) was assigned to the vendor in *^^*^^^- 
 the year 18—. The title shall consist of the original lease, and 
 
 of the assignment to the vendor, and the purchaser shall not re- 
 quire the production of the mesne assignments, or any of them. 
 
 X As to lot , which was formerly copyhold, and has Titietocn- 
 
 1 in !_ j.*xl J i. franchiseil 
 
 lately been enfranchised, the purchaser shall not be entitled to copyholds. 
 Digitized by Microsoft® 
 
58 CONDITIONS OF SALE. 
 
 AS TO 
 
 COMMENCE- 
 MENT OF 
 TITLE. 
 
 .call for the prdduction of the title of the lord by whom the same 
 was fxpressed to be enfranchised, nor to make any objection on 
 account of the same, and it shall be assumed that he had abso- 
 lute authority to make such enfranchisement. 
 
 Astotitieto XI. The title shall commence with an indenture of the 
 
 adTOile ^^y °-^ ' ■'^l^^i's^y *^® property was demised for 500 years 
 
 poBseasion. \,y y^ay of mortgage. The vendors have been in uninterrupted 
 possession of the property since the date of a certain indenture 
 
 of the day of — — (whereby the property and the moneys 
 
 thereupon secured were transferred to them), without having 
 made any intermediate acknowledgment of the title of the 
 mortgagor or his right of redemption, and under these circum- 
 stances it shall be assumed by the purchaser that the vendors 
 are absolutely entitled to the premises for the residue of the 
 said term of 500 years, absolutely discharged from all equity of 
 redemption ; and the purchaser shall not be entitled to require 
 any other evidence of the above facts than a statutory declaration 
 by the vendors to the effect above mentioned. 
 Title to com- XII. The title shall commence with an indenture of lease 
 
 lease and dated the day of , whereby A. B. demised the property 
 
 fee. to C. D. for 80 years, on the terms therein mentioned ; and the 
 
 title to the reversion in fee expectant on the said lease shall 
 
 commence with an indenture dated the day of , whereby 
 
 E. F. conveyed such reversion ia fee to G. H. ; and the pur- 
 chaser shall not be entitled to require the production of the 
 contract in pursuance of which it is stated in the said lease that 
 the same was granted ; and it shall be assumed that the said 
 A. B. had at the date of the first mentioned indenture ample 
 power to grant such lease, and that the said E. E. had at the 
 date of the last mentioned indenture ample power to dispose of 
 such reversion in fee as aforesaid. 
 Declaration XIII. The Vendor sliall not be required to show any title to 
 
 lot , or any evidence or explanation thereof, other than a 
 
 statutory declaration from an old inhabitant in the parish in 
 which the property is situate to the effect that the father of the 
 vendor, who died intestate more than thirty years since, was in 
 possession of the last mentioned lot at the time of his decease, 
 and also a counterpart of the lease under which the present 
 tenant has held the said lot for more than twenty years of the 
 present vendor. 
 Kiants XIV. The vendor shall not be required to produce copies of 
 
 as to pos- 
 
 from 
 
 Crown. any grants from the Crown. 
 
 Digitized by Microsoft® 
 
CONDITIONS OF SALE. 59 
 
 COMMENCE- 
 MENT OP 
 TITLE. 
 
 XV. The vendor shall not be required to produce or give any ^^^, 
 abstract or evidence of the nature or contents of any deed, -will, 
 or instrument not in his possession, which may be recited or vendor not 
 noticed in any of the abstracted deeds dated twenty years ago JecSed''"^ 
 or upwards, other than shall appear therein. ''"^''^• 
 
 XVI. The title to the advowson shall commence with an ™^ *" 
 
 advowson. 
 
 indenture dated , and as there have been three presen- 
 tations since the date of the said indenture, the purchaser shall 
 be satisfied with the title commencing as above, notwithstanding 
 it does not cover three entire incumbencies. 
 
 XVII. The title to the several gi-ound-rents shall commence Title to 
 
 " ^ ground 
 
 with counterparts of the several documents by which the same '""nts. 
 were respectively granted or reserved, and no purchaser shall 
 be entitled to call for the originals of those documents, or for 
 the production of, or to investigate or make any objection on 
 account of the prior title to the several properties out of which 
 such rents were respectively made payable by those documents ; 
 and no evidence shall be required of the identity of such 
 properties respectively with the properties out of which the 
 said rents respectively are represented in the particulars to be 
 payable. 
 
 XVIII. The counterparts of the deeds and leases by which pfl^^^f.^^^ 
 the freehold and other ground-i'ents comprised in the particulars J.^"^*)^'"' 
 were created are the only evidence which will be supplied of 
 
 the creation of such rents or of the remedies for securing the 
 payment thereof, and no objection shall be taken on account of 
 the manner or form in which the freehold ground-rents were 
 originally granted or reserved. 
 
 XIX. The property is sold subject to a fee-farm rent of £5 where pro- 
 
 r r J ** perty is aold 
 
 created by an indenture dated , and to covenants and subject to 
 
 ^ i66~ijirni 
 
 conditions contained in the same indenture as to buildmgs and rent, 
 otherwise, the nature of which covenants and conditions may be 
 ascertained by an inspection of the said indenture, or a copy or 
 abstract thereof, which will be produced at the sale. The 
 receipt for the last payment of rent which shall have become 
 due prior to the completion of the purchase shall be accepted 
 by the purchaser as conclusive evidence of the performance of the 
 covenants and conditions up to the completion of the purchase. 
 
 XX. About an acre of ground, part of lot , was acquired ^,^^1 
 
 by the vendor under an agreement for exchange made in the exchange. 
 
 year with A. B., and has been in the possession of the 
 
 vendor since that time, but no conveyance has been made to 
 
 Digitized by Microsoft® 
 
60 CONDITIONS OF SALE. 
 
 AS TO 
 COMMENCE- 
 
 him for completing such exchange, and A. B. is now dead, 
 
 "™°'' leaving an infant heir, . The vendor shall not be required 
 
 to procure a conveyance of the said land, or to furnish any title 
 thereto, or to the land given by him in exchange for the same, 
 other than the aforesaid agreement. 
 Declaration XXI. The declaration with which the vendor on the occasion 
 
 as to pedi- net j • r 
 
 gree, kc. of Hs purchase was supphed m proof of the pedigree oi 
 
 identity, and of various other circumstances connected with the 
 title, shall be accepted by the purchaser as conclusive evidence 
 of the matters therein stated and declared. 
 
 Evidence as XXII. As to lot , the purchaser shall assume the due 
 
 tion Ota payment and satisfaction of a legacy of £ , charged thereon 
 
 particular f •' , .•,,„„ , ,. i , 
 
 legacy. by the Will of a former owner, who died more than years 
 
 ago, and which became payable on his death, but for which no 
 receipt or release can be produced. 
 Evidence as XXIII. The vondor shall not be required to produce the 
 tion of receipt for, or any other evidence of, the satisfaction of any 
 
 generauy. pecuniary legacy bequeathed by the will of , who died more 
 
 than twenty years since, and the payment of which respectively 
 is not thereby postponed, and at this distance of time it shall 
 be assumed that every such legacy has been satisfied. 
 Evidence as XXIV. The purchaser shall not require evidence of the pay- 
 or charges, ment of any legacy or sum of money charged on the estate by 
 any will or other document, and which became payable more 
 than twenty years ago. 
 As to deed XXV. As to a Certain indenture dated the day of , 
 
 executed by J > 
 
 attorney, and which was executed by the attorney of the vendor on that 
 occasion, it shall be assumed by the purchaser that the principal 
 was then alive. 
 
 As to satis- XXVI. The purchaser shall not be entitled to any other 
 
 faction of . , »•..«. '^ 
 
 mortgage, evidoncc ot the satisfaction of a mortgage dated the day 
 
 of than the fact that the mortgage deed is now in the 
 
 possession of the vendor, and a statutory declaration by him to 
 the effect that the mortgage deed has been in his possession 
 
 during the last years, and that no claim has ever been 
 
 made upon him for principal or interest under the same. 
 absence ot XXVII. The purchaser shall make no objection on the 
 SceTpt.'* ground that no receipt for the consideration money is indorsed 
 
 on a certain indenture dated , the receipt thereof being 
 
 duly acknowledged in the body of the deed. 
 
 XXVIII. It shall be assumed that every former owner of any 
 part of the property whose widow (if any) would have been 
 
 Digitized by Microsoft® 
 
 As to dower. 
 
CONDITIONS OF SALE. 61 
 
 entitled to dower or free bench, and is not mentioned in the *« ™ 
 title, did not leave a widow. ment of^ 
 
 XXIX. The title to the property being well known in the r '^ — 
 
 neighbourhood, no purchaser shall require any other evidence "onsistV 
 of such title than the conveyance of the lot or lots purchased *° ^eud™!:'' 
 by him to the present vendor. 
 
 XXX. Thb re-conveyance or re-assignment of any legal estate presump- 
 by any trustee or mortgagee shall be presumed, where the period fZ%lnce 
 of thirty years shall have elapsed from the last conveyance or tlw^^ 
 assignment thereof, and where no mention shall be made in any 
 
 of the subsequent deeds of such legal estate being outstanding. 
 
 XXXI. There being in a covenant against incumbrances Determina- 
 
 contained in a deed dated an exception of two leases te™ef to be 
 
 determinable on the lives of A. B. and C. D., no evidence shall """^"^ 
 be required of the determination of these leases, nothing being 
 
 now known by the vendor concerning the same or either of 
 them. 
 
 No. XI. 
 CONDITIONS as to Title Deeds, Attested Copies, dc as to title 
 
 DEEDS, 
 ATTESTED 
 
 I. Such of the muniments of title as relate to more than copies, &c. 
 one lot shall be delivered to the purchaser of the largest part custody 
 
 A or and cove- 
 
 in value of the lots to which the same relate, if all such lots "^"t^ f" 
 
 ' production 
 
 shall be sold, and he shall enter into the usual covenants with »' d?.e<is 
 
 ' _ relating to 
 
 the purchasers of the other lots to which the same relate for ^t'^tono*' 
 the production and furnishing copies thereof If all the lots to p*^y ^™" 
 which any muniments relate are not sold, such muniments shall 
 be retained by the vendor, and he shall enter into the usual 
 covenants with the purchasers of such of the same lots as are 
 sold for the production and furnishing copies thereof Every 
 deed of covenant under this condition shall be prepared by and 
 at the expense of the covenantee, and shall be perused by or on 
 behalf of the covenantor at his own expense. 
 
 II. Such of the muniments of title in the vendors' posses- ^4*°f^t,J"'^ 
 sion as relate to any lot or lots, and also to property not included ^on^'ofaeeds 
 in this sale, shall be retained by the vendors. Such of the sl^^^i*^ 
 muniments of title in the vendors' possession as relate solely to ^"jfic^h^eiate 
 
 Digitized by Microsoft® 
 
62 CONDITIONS OF SALE. 
 
 ""' ME^"'''' °^® ^°* ^^^ *° ^° °t^6^ property of the vendors, shall be 
 co™ic. delivered to the purchaser of that lot ; and such of the muni- 
 aiso to other ^lents of title in the vendors' possession as relate to more than 
 property, ^^g ^^^^ ^^^ ^^ ^^ ^^^^j. property of the vendors, shall be 
 
 delivered to the purchaser of the larger part in value of the 
 lots to which the same relate, if all such lots shall be sold, but 
 otherwise shall be retained by the vendors. The vendors as to 
 muniments retained by them, and the several purchasers to 
 whom muniments shall be delivered as to such muniments, 
 shall enter into the usual covenants with the purchaser or 
 purchasers of other property to which the same respectively 
 relate, for the production and furnishing copies thereof re- 
 spectively ; but the covenants by the vendors shall be limited 
 so as to bind them personally so long only as they shall respec- 
 tively have the custody of the muniments to which such 
 covenants relate. All deeds of covenant under this condition 
 shall be prepared by and at the expense of the respective 
 covenantees, and shall be perused by or on behalf of the re- 
 spective covenantors, at their own expense. 
 Custody III. All muniments of title which relate to other property 
 
 and cove- ' /v i p i i • i 
 
 nimtafor as Well as to the property now ofiered for sale, and which are 
 
 production • \. i i 
 
 where deeds in the possession of the vendor, or of any other person or per- 
 po^ession sons interested in the last-mentioned property, shall be retained 
 tSees or ^y *^® pcrson or persons in whose custody the same now are, 
 others who ^nd he or they shall enter into the usual covenant with the 
 
 concur m ** 
 
 the sale. several purchasers for production and furnishing copies thereof, 
 such covenants, when entered into by any person or persons not 
 being the absolute beneficial owner or owners in fee simple of 
 the' property, to be so framed as to bind the covenantor or 
 covenantors personally so long only as he or they respectively 
 shall have the custody of the said muniments, and the deeds 
 containing such covenants to be prepared by and at the expense 
 of the purchasers requiring the same. 
 Purchaser IV. SoME of the muniments of title relate not only to the 
 for pro- property now offered for sale, but also to other property of the 
 deeds. vcndors of less value. Such muniments shall be delivered to 
 the purchaser, and he shall enter into the usual covenant with 
 the vendor for the production and furnishing copies of the 
 same, the deed containing such covenant to be prepared bv and 
 at the expense of the vendor, but to be perused by the pur- 
 chaser at his own expense. 
 c™ti"iy of V. As those parts of lots 3, 4, and 5, which are held under 
 
 Digitized by Microsoft® 
 
CONDITIONS OF SALE. 63 
 
 AS TO TITLE 
 
 DEEDS, 
 
 ATTESTED 
 
 COPIES, &C. 
 
 , are held under tlie same lease, and are together subject to 
 
 a ground rent of £1 per annum, the purchaser of lot 5 shall be 
 liable to pay the whole of such ground rent as between the 
 purchasers of the same three lots, and shall enter into covenants 
 with the purchasers of lots 3 and 4 respectively to pay the same, 
 and to indemnify them against all claims and demands in 
 respect thereof ; and the said purchaser of lot 5 shall be entitled 
 to the possession of the original lease of the said three lots from 
 
 the said as soon as all of the said lots have been sold, and 
 
 the sale thereof respectively is completed, and shall covenant 
 with the purchasers of the said other two lots for the production 
 of the same to them in the usual way. But until the whole of 
 the said three lota shall be sold, and the sale thereof finally 
 completed, whether at the present or any future sale, the ven- 
 dors shall be entitled to retain the said lease, and they will in 
 that case, upon the request of the purchaser of any of the same 
 lots, enter into the usual qualified covenant with such purchaser 
 to produce the same lease so long as it shall remain in their 
 possession. All deeds of covenant hereinbefore referred to shall 
 be prepared by and at the expense of the parties requiring the 
 same, and shall be perused by and on behalf of the respective 
 covenantors, at their expense. 
 
 VI. As to a farm called , the same forming at the time Purchaser 
 
 ' "-^ to be satis- 
 
 of its purchase by the former owner part of a larger property l^^^l^ 
 held under the same common title, such owner had handed <">viea. 
 over to him attested copies only of the former deeds in substi- 
 tution of the deeds themselves, accompanied, however, with a 
 covenant for the production of the originals. The deeds have 
 since passed into a custody from which the vendors are advised 
 their production cannot be enforced. The vendors will apprise 
 the purchaser of the depositary, but they shall not be bound to 
 take any steps to enforce production, and if the purchaser be 
 unable to procure the production of the deeds, he shall accept 
 the title on the evidence of the attested copies. 
 
 VII. Inasmuch as certain indentures of lease and release, Lostinden- 
 
 dated respectively the and days of , whereby lot 
 
 -was conveyed to the vendor, are lost, and can nowhere be 
 
 found after a diligent search for the same, the purchaser shall 
 be satisfied with the plain copies of those indentures which the 
 vendor has in his possession, and it shall be assumed that such 
 indentures respectively were duly executed and attested. 
 
 Digitized by Microsoft® 
 
 tares. 
 
64 CONDITTONS OF SALE. 
 
 No. XII. 
 
 AJ5 TO CONDITIONS as to Description of Property and 
 
 DESCRIPTION ^ 
 
 AND Identity, 
 
 IDENTITY. 
 
 The descrip- I. All the lots are believed, and shall be taken to be cor- 
 
 tion of pro- , , , , , , . 
 
 petty to be rectly described in the particulars, as to quantity and otherwise, 
 
 correct. and are sold subject to all chief or quit rents, rights of way 
 and other easements (if any) affecting the same ; and if any 
 error, misstatement, or omission in the particulars be dis- 
 covered, the same shall not annul the sale ; nor shall any com- 
 pensation be allowed by the vendor or the purchaser in respect 
 thereof. 
 
 As to il- No purchaser shall be entitled to require any further or 
 
 fcSntity! °' other evidence of the identity of the lot or lots purchased by 
 him with the property described in the abstracted documents 
 than is afforded by a comparison of the descriptions in the 
 particulars, and in the abstracted documents respectively, and a 
 statutory declaration (to be made and obtained at the expense 
 of the purchaser requiring the same) that the purchased pro- 
 perty has been held consistently with the title shown during the 
 last twenty years. 
 
 Another HI. The vondors shall not be required to identify or connect 
 
 any of the lands comprised in the particulars, with the general 
 or other descriptions contained in any of the deeds or other 
 documents of title, nor to account for the quantity or abuttals 
 of any lot, or part of a lot varying from the quantity or abuttals 
 stated in any such deeds or documents. 
 
 Another IV. In conscquence of various alterations which have been 
 
 made by the removal of fences, by laying various fields together, 
 by inclosures, and other circumstances, the property is now, in 
 many instances, described by names and quantities differing 
 from those by which the same is described in the ancient 
 documents of title, and the vendors shall not be required to 
 identify the property with the ancient descriptions as contained 
 in such documents. 
 
 Another Y. The descriptions contained in the title deeds and other 
 
 documents abstracted shall be taken to comprise the respective 
 lots, and no evidence of identity shall be required beyond such 
 
 Digitized by Microsoft® 
 
 form. 
 
 form. 
 
CONBITIONS OF SALE. 65 
 
 Afl TO 
 
 DESCRIPTION 
 
 AND 
 
 IDENTITr. 
 
 as is afforded by the descriptions in tbe deeds, and the vendors 
 shall not be required to explain or reconcile any apparent 
 differences or discrepancies in the descriptions contained in the 
 abstracts. The several lots are sold subject to the estates and 
 intei'ests of tenaats, whether by lease or otherwise. 
 
 VI. Every purchaser shall admit the identity of the pro- Another 
 perty purchased by him, with that comprised in the abstracted 
 muniments upon the evidence afforded by a comparison of the 
 descriptions in the particulars and muniments, and by a decla- 
 ration to be made and obtained (if required) at the purchaser's 
 expense, that the purchased property has been enjoyed accord- 
 ing to the title for twenty years, unless where the title is limited 
 
 to commence from a later date, when such declaration shall be 
 limited to the date at which the title commences, and by the 
 maps and terriers in cases in which evidence is afforded by 
 parochial inclosure or other maps. 
 
 VII. The vendors shall not be required to identify or dis- vcudor 
 
 ^ "^ nut to tto 
 
 tinguish the copyhold parts of any lot from the freehold parts requiiwi t.. 
 thereof, nor the copyhold parts held under one manor from tenures. 
 those holden under any other manor ; and in case any lot is 
 held under more than one title, the vendors shall not be 
 required to distinguish or point out the parts held under 
 each title. 
 
 No. XIII. 
 CONDITIONS as to Tithes (x), Land Tax, Appobtionment as to 
 
 ^ ' TITHES, 
 
 of Eents and Outgoings. land-tax, 
 
 "' APPORTION- 
 
 MENT, &e 
 
 I All the lots having been declared to be tithe free by the 
 
 1 n i_ • ii. Evidence oi 
 
 inclosure award, the purchasers shall not require any other land being 
 
 tithe fr66 
 
 title to, or proof of the exemption of the lots from tithe, than 
 the production of the said award. 
 
 II. The purchasers shall require no other evidence that the An^'>™ 
 several lots are tithe free, than a declaratiou by the vendor that 
 no tithes, or rent-charge in lieu of tithes, have been paid for the 
 same for twenty years prior to the day of sale. 
 
 (x) Where a vendor is owner of lands, and of the tithes issuing out of 
 them, but the tithes have not been merged, the paiticulars ought not to 
 state the lands as tithe free. 
 
 VOL. I. 
 
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^J6 CONDITIONS OF SALE. 
 
 mIhes, III- The purchasers shall require no other evidence that 
 A^^n^^v. the land tax on the several lots has been redeemed, than a 
 
 APPORTION- 
 
 ""'"• ^"^ declaration that no land tax is charged thereon in the parochial 
 
 SSion assessments, 
 
 redemption "-""""""^^^ «"• 
 
 of land-tax. jY_ ijjjj, j^^^g ^^.g g^^^j^ subject to the existing tenancies; and 
 ment of as to such lot or lots as are in tenancy with other property at 
 
 an entire rent or rents, the same shall be apportioned among 
 such lots and other property as specified in the particulars, and 
 every such apportionment shall be conclusive, and the tenant 
 shall not be required in any case to consent to or concur in such 
 apportionment. 
 .'s toappor- V. Lots 1 and 2 being subject to a lease at the entire rent 
 
 rent on sale of £ , the sum of £ shall be the apportioned rent for 
 
 ' lot 1, and the sum of £ shall be the apportioned rent for 
 
 lot 2, and the purchasers shall enter into mutual covenants at 
 their own expense to secure to each his proportion of the said 
 rent, but the tenant shall not be required to' concur in or assent 
 to such apportionment. 
 Apportion- VI. Lots 1 and 2 being held under one lease, at the entire 
 
 on sale of rent of £ , the sum of £ shall be the apportioned rent 
 
 for lot 1, and the sum of £ shall be the apportioned rent 
 
 for lot 2 ; and the purchasers of the said lots shall, at their own 
 expense, enter into mutual covenants for the payment of their 
 respective proportions of the said rent. 
 
 leaseholds. 
 
 Apportion- VII. The purchaser of the largest lot in value shall take an 
 
 ment of . n i i it n 
 
 rents and assignment of the lease, and shall execute to the other pur- 
 covenants ^ 'riTl IT 
 
 by way of chasers under-leases of the lots purchased by them respectivelv. 
 
 underlease."? ^ , ^ »' r j 
 
 for the remainder of the said term (wanting ten days), subject 
 
 to the rent of £ in respect of each of such lots ; and by 
 
 such under-leases each purchaser shall be indemnified against 
 the payment or observance of any portion of the rent or 
 covenants mentioned in the lease, except the rent and cove- 
 nants to be paid and performed in respect of his particular 
 lot, and shall covenant for the payment of his proportion of 
 the said rent and covenants. If any lot shall remain unsold, 
 the vendor shall stand in the place of the purchaser of the 
 largest lot in value for the purposes of this condition. Every 
 instrument to be executed under this condition shall be pre- 
 pared by and at the expense of the respective purchasers, who 
 shall also execute at their own expense counterparts of their 
 leases. 
 Apportion- VIII. In all cases where an entire sum for land-tax, rent- 
 
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CONDITIONS OF SALE. 67 
 
 charge in lieu of tithes, or other outgoings, is payable in respect ^J^_ 
 of the lands comprised in two or more lots, the same shall be "poetwn- 
 apportioned amongst such several lots at the sums mentioned ™'''^' ^' 
 in the particulars at the foot of each lot respectively ; and such ™nS-tox 
 apportionment shall be accepted by and binding upon the re- Utig^^ 
 spective purchasers ; and anything that may be requisite to be 
 done or executed, for giving effect to such apportionment, shall 
 be at the cost of the purchaser requiring the same ; but the 
 completion of any purchase shall not be delayed on account of 
 any such requisition. 
 
 IX. The whole of the property comprised in the particulars, Apportion- 
 together with other property of the vendor not included in this ^"JJP^*^^^ ^ 
 
 sale, is subject to a perpetual yearly rent-charge of £ . jf,°^^p°"* 
 
 Each of the lots shall be held subject to such proportion of the J^^"]* 
 said rent-charge as is specified in the particulars, and each pur- ^^^^^°^_ 
 chaser shall enter into a covenant with the other purchasers and 
 with the vendor for the payment of the covenantor's proportion 
 of the rent-charge, and to indemnify them respectively against 
 the same, and shall also grant to them respectively powers of 
 distress and entry upon the lot or lots so purchased by the 
 covenantor for better securing such indemnity. If any of the 
 lots shall not be sold, the vendor shall for the purpose of 
 this condition stand in the place of the purchaser of such lot 
 or lots respectively. The residue of the rent-charge shall re- 
 main exclusively charged on the property retained by the 
 vendor, and he shall in respect thereof enter into similar 
 covenants with the several purchasers, and grant to them similar 
 powers of distress and entry. Every deed of covenant and 
 grant under this condition shall be prepared by and at the 
 expense of the covenantee. The receipt for the last payment 
 of the said rent-charge due prior to the day of sale, shall be 
 accepted as conclusive evidence that all the covenants and 
 conditions contained in the indenture creating the said rent- 
 charge, and on the part of the grantee to be observed and 
 performed, have been duly observed and performed up to the 
 
 day of sale. 
 
 X. The dwelling-house now offered for sale, is one of four 2^^^_' 
 dwelling-houses granted by a deed dated, &c., in consideration j-^^-j^^ ^5;^ 
 of a pei-petual rent of £4 thereby reserved, and subject to cer- ^^J 
 tain covenants and conditions therein contained with respect to r™t^i'^«- 
 buildings and otherwise, the nature of which covenants and 
 conditions may be ascertained by an inspection of the deed 
 
 T 2 
 
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68 CONDITIONS OF SALE. 
 
 AS TO 
 TITHEU, 
 
 MENT, &C. 
 
 at any time prior to the completion of the purchase. This 
 Ap'^oKnoN- dwelling-house was afterwards conveyed to the vendor sub- 
 . ject to a yearly sum of £1, part of the said rent-charge, and 
 to the aforesaid covenants and conditions, so far as the same 
 related to the said dwelling-house : and mutual covenants 
 were entered into for indemnifying each party from the pay- 
 ment of the rent, and from the observance of the covenants 
 ■which ought to be paid and observed respectively by the other 
 party. The present sale is made on the footing of the above 
 arrangement. 
 
 No. XIV. 
 
 ndImnity . CONDITIONS as to Indemnity against Charges. 
 CHARGES. I. Lot is subject to an annual payment of £ to the 
 
 Vendor's poot of L , which is also charged on other estates of con- 
 bond to be in 
 indemnity siderable value. ihe purchaser shall accept the vendor s bond 
 
 ^annual pay- as a Sufficient indemnity against the aforesaid annual payment, 
 such bond to be prepared by and at the expense of the 
 purchaser. 
 
 Mstobond ■'•■'■• ^^"^ ^^ subject to an annual payment of £ to 
 
 nity't™" *^® V°°^ of ^ ' which is also charged on other estates in the 
 
 purchaser, game parish. Upon the occasion of the purchase of the said 
 lot by the late A. B., in the year 18 — , the then vendor gave to 
 him a bond of indemnity against the aforesaid annual pay- 
 ment. The present vendors being the executors and trustees 
 of the will of the said A. B., will assign the said bond to the 
 purchaser, who shall accept the same as a sufficient indemnity. 
 The assignment to be prepared by and at the expense of the 
 purchaser. 
 Part of the III. The property offered for sale is charged with a sum of 
 money to be £2000, which will become payable to a son of the vendor, now 
 
 sot apart to i.i, i • , , • • ■, „ 
 
 answer aged eighteen years, upon his attaining the_age of twenty-one 
 years, or upon the death of the vendor (which shall last happen). 
 The vendor will ' enter into a covenant with the purchaser to 
 satisfy the charge when it shall become payable, and to indem- 
 nify the purchaser therefrom, and will also set apart a sum of 
 
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CONDITIONS OF SALE. 69 
 
 £2000 out of the purchase-money and invest it in Consols in ^ ™ 
 
 ■*■ •' INDEMNir 
 
 the names of two trustees, one to be nominated by the vendor, ^ga'^^t 
 and the other by the purchaser, upon proper trusts for the same ' 
 purpose. The purchaser shall accept such covenant and decla- 
 ration of trust as a sufficient indemnity against the said charge, 
 and the deed or deeds containing the same shall be prepared by - 
 and at his expense. 
 
 IV. The property hereby offered for sale is, with other pro- indemnity 
 
 perty, charged with a jointure of £ , payable to the vendor's jointme and 
 
 wife, if she survives him, and with £ , for the portions of 
 
 his children, who are at present infants. The vendor will con- 
 vey to two trustees, one of whom shall be nominated by himself, 
 and the other by the purchaser, tbe remaining property, subject 
 to these charges, upon proper trusts for raising the same out of 
 such remaining property, in exoneration of the property hereby 
 offered for sale, and will also furnish to the purchaser a statutory 
 declaration by a competent land valuer, to the effect that such 
 
 remaining property is worth at least £ . The purchaser 
 
 shall accept such conveyance in trust and declaration as a suffi- 
 cient indemnity against the charges. 
 
 V. The property comprised in the particulars is subject, Purchaser 
 tosfether with other estates, to an annuity of £ , for the life Hed with 
 
 . , 1 , , 1 /■ indemnity 
 
 -of A. B. By an mdenture, dated the day of the "f other 
 
 •' . , . lands 
 
 vendor demised certain property not comprised in the par- against 
 ticulars (which is also subject to such annuity) to two trustees, 
 for 600 years, upon the trusts and under the powers therein 
 mentioned, to the intent that the same might be an indemnity 
 to the several purchasers and proprietors of all the remainder 
 of the property of the vendor which might be liable to such 
 annuity from the payment thereof The lands so appropriated 
 are of ample value for the purpose of such exoneration, and the 
 purchaser shall not be entitled to make any objection on 
 account of the existence of the annuity, or to inquire into the 
 title thereto, or to require any further or additional indemnity 
 to be given against the same, except (if required) the personal 
 covenant of the vendor for this purpose, to be prepared by and 
 at the expense of the purchaser, or to require the concurrence 
 of the annuitant ; but the purchaser shall be entitled at his 
 own expense, to a covenant from the trustees of the said in- 
 denture, in a form appropriate to persons acting in this capacity, 
 for the production of such indenture. 
 
 VI. Lots and are, with other propertj^, charged Astu 
 
 Digitized by Microsoft® 
 
70 
 
 CONDITIONS OF SALE. 
 
 AS TO 
 
 INDEMNITY 
 
 AGAINST 
 
 CHABOES. 
 
 indemnity 
 
 annuity and 
 gross sum. 
 
 As to 
 indemnity 
 against an- 
 nual sums. 
 
 with an annuity of £ -, payable to A. B., during the widow- 
 hood of C. B., hei- mother, and a sum of £ , .payable to 
 
 A. B., on the death or marriage of the said C. B., and the con- 
 currence of the said A. B. in the conveyance to the purchasers 
 
 cannot be obtained. A sum of £ has been invested upon 
 
 mortgage of certain hereditaments in the names of the vendors 
 for the purpose of indemnifying the several purchasers or pro- 
 prietors of the several hereditaments subject to the aforesaid 
 charges, and proper trusts in that behalf have been declared of 
 the same. The purchasers shall be satisfied with this indemnity 
 and the production of the deed declaring the trusts of the 
 indemnity fund, of which they may have a copy at their own 
 expense. The vendors have taken the usual powers of altering 
 or varying the securities for others of a like nature, and the 
 purchasers shall not be entitled to inquire into the value of or 
 title to the original or any substituted securities. 
 
 VII. Thk several annual sums of £ and £ , subject 
 
 to which lots and respectively are in the particulars 
 
 mentioned to be sold, are charged upon lands comprised in such 
 lots respectively, together with lands of less value comprised in 
 other lots, which are intended to be sold free therefrom. The 
 several purchasers of lots and shall enter into cove- 
 nants with the purchasers of the said other lots, for the payment 
 of the said annual sums ; which covenants shall be prepared by 
 and at the expense of the covenantees, and shall be accepted 
 by them as a sufficient indemnity against the said annual sums 
 respectively. 
 
 MIBCEL- 
 LAME0U8. 
 
 Special 
 metliod of 
 selling by 
 auction. 
 
 No. XV. 
 
 MISCELLANEOUS CONDITIONS. 
 
 I. Thk vendors reserve to themselves the liberty of offering 
 the premises for sale either in one lot or in the several lots 
 specified in the particulars, or of offering for sale any two or 
 more of such lots together, and after having tried any of the 
 aforesaid methods of sale, of offering the premises for sale 
 
 Digitized by Microsoft® 
 
CONDITIONS OF SALE. 71 
 
 according to any other of the said methods, as they shall think ^Jf™^ 
 
 proper ; and in every case each bidder must abide by hir, 
 
 bidding, and the highest bidder, according to the method of 
 sale ultimately adopted in any case, shall be the purchaser. 
 
 II. All the lots are sold subject to existing tenancies, and That lots 
 to all rights of way and other easements (if any) affecting the subject to 
 
 tenancies, 
 
 same. rights of 
 
 way, &c 
 
 III. The tenant's fixtures shall be paid for by the purchaser Fixtures to 
 
 . J 1 be valued. 
 
 at a valuation, to be made by two indifferent persons, or their 
 umpire, to be appointed in the same manner as the referees, or 
 their umpire mentioned in the condition. 
 
 IV. One of the vendors, the owner of one undivided sixth as to one of 
 
 the vendors 
 
 part of the property offered for sale, being an infant aged Mug an 
 eighteen years, the other vendors will covenant with the pur- 
 chasers for the confirmation of the sale by the infant when he 
 shall attain the age of twenty-one years ; and in the mean- 
 time one-sixth of the purchase-money shall be set apart and 
 invested in Consols in the names of two trustees, one to be 
 nominated by the vendors and the other to be nominated by 
 the purchaser, upon trust for the infant if he shall confirm the 
 sale upon attaining twenty-one, and if not, then upon trust for 
 the purchaser ; and the dividends of the stock shall in the mean- 
 time be accumulated, and follow the ultimate destination of the 
 principal stock. 
 
 V. The vendors, being a tenant for life (aged years), SMccssion 
 
 and remainder -man, the purchaser shall take the property 
 subject to the succession duty, which will become payable upon 
 
 the death of the tenant for life (y). 
 
 VI. The purchaser shall make no objection on the ground ^^*"°'®"' 
 that a certain indenture of mortgage, dated , is insuffi- 
 ciently stamped, and shall not require any further stamp duty 
 
 to be paid thereon. 
 
 VTT Wheeever in any document there is an exception of as to ex- 
 
 T j.i. fiiijji. J ^ 1 1 . 1 11 1 cepticns in 
 
 any hereditaments which have been previously sold, it shall be documents. 
 
 (ii) Where land is sold by a tenant for life and remainder-man, it is con- succession 
 sidered that in the absence of special stipulation the purchaser is entitled ^"^^n^*'" 
 to require that the succession duty, which will become payable on the death for life ami 
 of the tenant for Ufe, shall be compounded for by the vendors in advance remainder 
 under sect. 41 of the Succession Duties Act (16 & 17 Vict. c. 51). See '"*°- 
 1 Dart v. & P. 543, fourth edition, p. 2. It seems desirable to throw the 
 burden on the purchaser. See observations on the subject in a note to 
 " Agreements," Precedent No. 99, infra. 
 
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72 
 
 CONDITIONS OF SALE. 
 
 MISCEL- 
 LANEOUS. 
 
 assumed that such excepted hereditaments did not include any 
 part of the property compirised in the particulars. 
 stamps. VIII. If any deeds or documents shall be found to be un- 
 
 stamped or insufficiently stamped, which, however, is not known 
 to be the case, no objection or requisition shall be made on that 
 account. 
 
 Digitized by Microsoft® 
 
AGKEEMENTS. 
 
 By the Statute of Frauds (a), it is enacted, that no "/Statute 
 action shall be brought whereby to charge any person ^''^^',™ j** 
 upon any contract or sale of lands, tenements, or here- *« .^? '■» 
 ditaments, or interest m or concerning them, unless ?iP'«"5'. 
 
 1*1 1 • 11111 1 the party to 
 
 the agreement upon which such action shall be brought, Jj^^^^^'j^'t 
 or some memorandum thereof, shall be in writing, 
 and signed by the party to be charged therewith, 
 or some other person thereunto by him lawfully 
 authorised (&). 
 
 It is proposed in this Dissertation to consider, 
 I. What is an interest in or concerning lands within 
 the statute. II. What is necessary to constitute a 
 binding contract. III. The effect of part performance 
 to take a contract out of the statute ; and, IV. Some 
 of the consequences arising from a contract. 
 
 I. What is an interest in or concerning lands within 
 the statute. 
 
 Whatever property would upon the death of an what pro- 
 owner of land go to his executors as emblements is not w1twn"the 
 within the statute. Upon this principle it has been ^ 
 decided that the statute does not apply to an agree- 
 ment for the sale of growing crops of potatoes (c), as to grow- 
 turnips {d), wheat or barley (e), and it is immaterial 
 whether the crops are to be gathered by the vendor or 
 the purchaser. But a growing crop of grass to be 
 
 (a) 29 Car. 2, o. 3, sec. 4. Selw. 205. 
 
 (6) See Smitli v. Webster, L. R. (d) Dunne v. Ferguson, Hayes, 
 
 CD. 49. 540. 
 
 (c) Parker v. Staniland, 11 East, (e) Jones v. Flint, 10 Ad. & Ell. 
 
 362; Evans v. Roberts, 5 B. & C. 753 ; Mayfield «. Wadsley, 3 B. & 
 
 829 ; Warwick v. Bruce, 2 Mau. & C. 357. 
 
 Digitized by Microsoft® 
 
 ing crops. 
 
74 AGREEMENTS. 
 
 S'friSt mown and made into hay by the purchaser (/), stand- 
 ing timber or underwood to be cut by the purchaser {g), 
 or growing fruit (h), being property which would pass 
 to the heir, has been held to be within the statute. 
 But it appears that a contract for sale of growing 
 timber to be removed by the vendor is not a contract 
 within the 4th section of the Statute of Frauds (i). 
 
 Tenant's A teuaut's fixtures may be sold by parol agree- 
 
 fixtures. J / 7 \ •/ i. o 
 
 ment [k). 
 Agre^ent Although by soc. 2 of the Statute of Frauds a lease 
 for any term not exceeding three years where the re- 
 served rent amounts to two-thirds at least of the 
 improved value may be made by parol, an agreement 
 for the sale of such a lease must be in writing (l). 
 Shares in Shares in a mining company worked on the cost- 
 railway booK pnuciple (m), and shares m a railway company 
 
 oompames. .,■'• i;i i n -r>.i ai/\ 
 
 made personal estate by the Kail way Act {n), are not 
 within the statute. 
 Apement Au entire agreement for the sale of property, of 
 
 where part ^ ' t i - -t* i ir r J ' 
 
 of property which Only part is within the statute, cannot be 
 
 IS within the iii n i i-i- • -, • 
 
 statute. supported as to that part which is not withm the 
 statute (o). 
 
 What con- II. What is necessary to constitute a binding contract 
 contiaet. witMn the statute. 
 
 Signature of The party to be charged must sign the agreement, 
 agreement, gj^j^ej. persouaUy or by some other person by bim law- 
 fully authorised. 
 
 For the purposes of the 4th section it is sufficient 
 that the agent should be appointed by parol, although 
 for the purposes of the 1st section the appointment 
 must be by writing. The 1st section relates to 
 
 (/) Crosby v. Wadsworth, 6 East, & R. 266 ; Lee v. Gaskell, L. R 1 
 
 602. Q. B. D. 700. 
 
 (g) Scorell v. Boxall, 1 Y. & J. (Q Barrett v. Rolpli, 14 M. & W 
 
 396. 348. 
 
 (h) Rodwell v. Phillips, 9 M. & (m) Watson v. Spratley, 10 Exch 
 
 W. 501. 22 ; Powell i). Jessop, 18 C. B. 336. 
 
 (i) Marshall v. Green, L. R. C. (») Duncufl v. Albrecht, 12 Sim 
 
 P. D. 35. But see Smith i).Surman, 189. 
 
 9 B. & C. 829. (o) Sug.V. & P. 102, and 
 
 " Qc) Hallen v. Runder, 1 Cro. M. there cited. 
 
 Digitized by Microsoft® 
 
 cases 
 
AGREEMENTS. 75 
 
 instruments less executory in their character than 
 agreements. 
 
 An agent for the sale or purchase of property can- Authority of 
 not bind his principal beyond the authority given ^™*' 
 him {p), and in particular an agent for sale cannot bind 
 the vendor by .entering into an open contract for 
 sale (q) ; and the agency may be revoked by the prin- 
 cipal at any time before the agreement is signed (r). 
 
 The whole agreement is required to be in writing, Tiie whole 
 so that the document, whether it be a letter or more must be in 
 formal memorandum, must in itself embody the whole 
 terms of the contract, or refer to some writing, condi- 
 tions, particulars of sale, or other papers which do (s). 
 Where the memorandum signed by the party to be 
 charged refers to another document, it may be proved 
 by parol evidence that a certain document is the one 
 referred to (t). 
 
 A signature at the beginning of the agreement is a '^"M'^ * 
 sufficient signing to take it out of the statute ; as when signing. 
 a person drew up an agreement in his own handwriting 
 beginning " I, A. B., agree," &c., and left a place for a 
 signature at the bottom but never signed it, it was con- 
 sidered to be a memorandum in writing within the 
 statute (u). But in the case of articles of agreement 
 containing the terms of a contract, and purporting to 
 be made between certain persons whose names were 
 stated at the commencement, and ending with "As 
 witness our hands," without being followed by any 
 name or signature, it was decided that there was not a 
 sufficient signing within the statute (x). So the altera- 
 tion of a draft conveyance will not take the case out 
 of the statute (y). 
 
 (p) Olding V. Smith, 16 Jur. 497 ; staff v. Nicholson, 25 Beav. 160 ; 
 
 Chinnock v. Marchioness of Ely, 11 Ridgway v. Wharton, 6 Ho. of L. C. 
 
 Jut. 329. 38. 
 
 (y) Hamer v. Sharp, L. R. 19 Eq. (*) Moms v. WUson, 5 Jut. N. S. 
 
 108. 168. 
 
 Dart, 173. (u) Esp. N. P. Cas. 190 ; Saim- 
 
 Wl 
 
 Mai 
 
 Allen V. Bennet, 3 Taunt. derson v. Jackson, 2 Bos. & Pul. 
 
 169'; Dobell v. Hutchinson, 3 Ad. 238 ; Bleakley v. Smith, 11 Sim. 
 
 & Ell. 355 ; Laythoarp v. Bryant, 150. 
 
 2 Bing. N. C. 735 ; CUnan v. Cooke, (x) Hubert v. Treheme, 3 Man. 
 
 1 Scho. & Lef. 22 ; Powell v. Dil- & G. 743. 
 
 Ion, 2 Ball & B. 416 ; Warner v. (y) Hawkins v. Holmes, 1 P. Wms. 
 
 Willington, 3 Drew. 523; Lang- 770. 
 
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76 AGREEMENTS. 
 
 Sales V Sales by auction are within the statute. The auc- 
 
 witwn tioneer in such cases is held to be agent both for the 
 vendor and purchaser (z) ; and his signature of the 
 name of the highest bidder is sufficient to satisfy the 
 requisitions of the statute. If the highest bidder is 
 only an agent, the signature by the auctioneer of the 
 agent's name will be binding on the principal (a). 
 
 The receipt of the vendor, or, in the case of an auc- 
 tion, of the auctioneer, for the purchase-money or 
 deposit, or the entry by the auctioneer of the account 
 of the sale in his books, is sufficient ; but a receipt for 
 a deposit, in order that it should amount to an agree- 
 ment, must expressly or by reference state the price, 
 or what proportion the deposit bears to the price (6). 
 
 Where a contract in writing exists which binds one 
 party to a contract, any subsequent note in writing 
 signed by the other is sufficient to bind him, provided 
 it either contains in itself the terms of the contract or 
 refers to any writing which contains them (c). 
 whenietters Letters, as might be suppos^, may constitute a suffi- 
 moSt'^^" cient agreement within the statute, provided they con- 
 tain the names of the parties, the amount and nature 
 of the consideration to be paid on one side and received 
 on the other, and a reasonable description of the sub- 
 ject matter of the contract. 
 
 A letter is binding on the writer from the time at 
 which it is posted (d), although it may not be received 
 until the following day (e) ; and if the writer requires 
 that his offer should be accepted by a particular day, 
 the acceptance of the offer will be binding on him, 
 although he may not receive it until some time after 
 the day specified, in case the delay has been occa- 
 sioned by the Post Office, or by the misdirection of the 
 letter (/). 
 
 The answer to the written offer must be a simple 
 acceptance of the' terms proposed, without the intro- 
 
 (z) SiTg. V. & P. 119. (c) DobeU v. Hutchinson, 3 Ad. 
 
 (a) White v. Proctor, 4 Taunt. & Ell. 355. 
 
 209 ; Kenworthy v. Schofield, 2 B. (d) Kennedy v. Lee, 3 Mer. 441 ; 
 
 & C. 945. Thomas v. Blackman, 1 Col. 301. 
 
 (b) Blagden v. Bradhear, 12 Ves. (e) Potter v. Sanders, 6 Hare, 1. 
 466 ; Emerson v. Heelis, 2 Taunt. (/) Adams v. Lindsell, 1 B. & 
 38 ; Goahell v. Archer, 2 Ad. & Ell. Aid. 681. 
 
 600 ; Clerk v. Wright, 1 Atk. 12. 
 
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AGREEMENTS. ^ T7 
 
 duction of any new or different term (g) ; and if the 
 proposal is once refused, it cannot afterwards be revived 
 by tendering a simple acceptance of it (h). 
 
 If the letter requires the other party to supply a 
 term in the agreement, there must be a special accept- 
 ance in writing containing that term (^). 
 
 An owner having made a written offer to sell, may offer may 
 at any time before acceptance retract the offer, or add ^'t """ 
 new terms to it (A;). 
 
 If an agreement for sale is entered into by letters or 
 otherwise, containing all the necessary terms, so as to' 
 satisfy the Statute of Frauds, such an agreement is 
 binding, although it may contain a provision that a 
 more formal agreement is to be prepared and signed by 
 both parties (?). But if an offer to purchase is made, 
 and such offer is accepted subject to a provision as to 
 a contract, then the stipulation as to the contract is a 
 term and condition of the acceptance, and there is no 
 agreement independent of that stipulation (m). 
 
 A notice given by a railway company to treat with f°^pl^/ia 
 a landlord for the purchase of land for the purposes of treat^with 
 their Act constitutes, as between the landowner and ™iatii'n^/ 
 the company, the relation of vendor and purchaser to a ™";!^L™'' 
 certain extent and for certain purposes ; and some of ^^^»' 
 the consequences which flow from an actual contract 
 also follow upon the notice to treat, such as, that the 
 particular lands which the company are to take and the 
 landowner to give up after certain steps prescribed by 
 the Act shall have been taken, are fixed, and neither 
 party can get rid of the obligation, the one to take, and 
 the other to give up, such lands, but in no other sense 
 and to no further extent does the notice constitute a 
 contract, at least on the part of the landowner (?z). 
 
 (a) Holland v. Eyre, 2 Sim. & of Ely, 4 D. J. & S. 638 ; Eossiter 
 
 Stu. 194. V. Miller, L. R. 5, C. D. 648 ; Cross- 
 
 (h) Hyde v. Wrench, 3 Beav. 334. ley v. Maycock, L. E. 18 Eq. 180 ; 
 
 (i) Boys V. Ayerst, 6 Madd. 316. Winn v. BuU, L. R. 7 C. D. 29 ; 
 
 (k) Honeymanv. Marriott, 6 Ho. W. Notes, 1877, 263. 
 
 of L. Cas. 112. (n) Haynes v. Haynes, 1 Drew. 
 
 (Z) Fowle V. Freeman, 9 Ves. 351 ; & Sm. 426, and the cases there 
 
 Kennedy v. Lee, 3 Mer. 441 ; cited ; Gardner v. Charing Cross 
 
 Thomas v. Bering, 1 Keen, 729 ; Railway Company, 2 Johns. & Hem. 
 
 Bonnewell v. Jenkins, W. Notes, 248 ; Be the Battersea Park Acts, 
 
 1878, p. 18. 32 Beav. 591 ; Guest v. Poole & 
 
 (m) Wood V. Midgley, 5 D. M. Bournemouth Railway Company, 
 
 t. 
 
 41 J Chinnock v. Marchioness L. R. 5 C. P. 553. 
 
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78 
 
 AGREEMENTS. 
 
 re- 
 
 Tlius it has been held, that if an owner dies after 
 ceiving the usual notice to treat, but before the price is 
 fixed, the purchase-money goes to his heir, and not to 
 his personal representative (o). But as soon as the 
 price is fixed, the relation of the parties as vendor and 
 purchaser is as fully constituted as in the case of a 
 formal and regular agreement (p). 
 
 Part per- 
 formance 
 takes case 
 out of 
 statute. 
 
 Delivery of 
 abstract, 
 iK.f not 
 part per- 
 formance. 
 
 III. The effect of part performance to take a case out 
 of the statute. 
 
 It is a settled principle of Courts of equity to decree 
 specific performance of a verbal agreement which would 
 otherwise be void under the statute, where there has 
 been part performance, in - order to prevent the in- 
 justice which would arise from permitting a party to 
 escape from the engagements he has entered into upon 
 the ground of the statute, after the other party has upon 
 the faith of such engagement, expended his money, or 
 otherwise acted in execution of the agreement (q). 
 
 The ground of the jurisdiction being the fraud of one 
 of the parties to the contract in permitting the other 
 party to incur expense on the faith pf it, a verbal agree- 
 ment by a tenant for Hfe to grant a lease in execution 
 of a power, followed by expenditure by the intended 
 lessee, cannot be enforced against the remainder-man, 
 unless it can be shown that such expenditure was per- 
 mitted by him with a knowledge that the agreement 
 was only a verbal one (r). 
 
 The delivery of an abstract, the giving instructions 
 or directions for the preparation of the conveyance, the 
 admeasurement of the estate, payment of the auction 
 duty, or payment of the purchase -money, do not 
 amount to a part performance so as to take the case 
 out of the statute (s). 
 
 (o) Be the Battersea Park Acts, 
 32 Beav. 591. 
 
 (p) The Regent's Canal Compaijy 
 V. Ware, 23 Beav. 575 ; Mason v. 
 The Stokes Bay Pier and Bailway 
 Company, 32 L. J. Ch. 110 ; Metro- 
 politan Siiilway Company v. Wood- 
 house, 11 Jur. 296 ; Harding v. 
 Metropolitan Railway Company, 
 L. R. 7 Ch. 154 ; Watts v. Watts, 
 ib. 17 Ec[. 217. 
 
 (?) Mundy v. Jolliffe, 5 My. & Cr. 
 167, 177 ; Powell v. Lovegrove, 8 
 De G. M. & G. 357 ; Sutherland v. 
 Briggs, 1 Hare, 26 ; Laird v. Bir- 
 kenhead Railway Company, John 
 500 ; Pain v. Coomhs, 1 D. & J. 33." 
 
 (r) Blore v. Sutton, 3 Mer. 237 ; 
 Trotman v. Flesher, 3 Giff. 1. 
 
 (s) Sug^ V. & P. 123 ; Fry on 
 Specific Performance, pp. 182 — 186. 
 
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AGREEMENTS. 79 
 
 To take the case out of the statute, the act of part Th^parf 
 
 n J 1 r» 1 *■ performance 
 
 periormance must be reierred to some asrreement, and"™"'!', 
 
 ,i-i ,, , - .^^, ' referred to 
 
 must be snown to have been done with a view to per- ^^\ ^e^oe- 
 form such agreement. Accordingly, where a father""™ 
 verbally promised in consideration of his daughter's 
 marriage, to give her a house as a wedding present, 
 and immediately after the marriage he put his daughter 
 and her husband into possession ; it was held that the 
 possession being referable to the verbal promise, the case 
 was taken out of the statute {t). But on the other 
 hand, the mere possession of a tenant cannot be set up 
 as an act of part performance of an agreement for a 
 lease or purchase, because the possession is referable to 
 his character as tenant {u). 
 
 TV. Some of the consequences of a contract for sale, conse- 
 
 •^ u. ./ */ queaces of 
 
 From the date of a valid contract for sale the pur- purchaser 
 chaser becomes in equity the owner of the land, and the XTfrom 
 vendor becomes entitled to the money or other con- ^t"'"""' 
 sideration to be paid for the purchase, subject, how- 
 ever, to the obligation of the vendor to show that he 
 has a title. 
 
 It follows, that any loss or deterioration arising to penf„g*S»r 
 the property after the contract and before the convey- Jans raVur. 
 ance, falls upon the purchaser. Thus, where houses °'^"- 
 contracted to be sold were afterwards burnt down, the 
 contract was enforced against the purchaser, although 
 the vendor had since the contract allowed the insur- 
 ance to expire without giving him notice (v) ; and for 
 the same reason, on the purchase of a life annuity, the 
 purchaser must bear any loss arising from the death of 
 the cestui que vie before the conveyance (jy). On the 
 other hand the purchaser is entitled to any benefit 
 which may accrue to the estate from circumstances 
 happening between the contract and conveyance, as by 
 the dropping of lives on the purchase of a reversionary 
 
 (t) Ungleyi). Ungley, L. K. 5 Ch. (b) Paine v. Meller, 6 Ves. 349. 
 
 p. 887. See also Poole v. Shergold, 2 Bro. 
 
 {u) Fry on. Specific Performance, C. C. 118. 
 
 175,176. Brennan v. Bolton, 2 Dr. {w) Kenaey v. Wexham, 6 Mad. 
 
 & W. 349 ; 3 Ves. 378 ; 19 Ves. 479, 355, 
 1 Sw. 181. 
 
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made. 
 
 80 AGKEEMENTS. 
 
 interest^ or by an increase or improvement in the value 
 of the land (a;), and where he purchases in considera- 
 tion of a life annuity to be paid to the vendor, the 
 contract will be enforced against the latter, although 
 the annuity drops by the death of the cestui qui vie 
 before the conveyance {y). In these cases, however, it 
 is material that the vendor and purchaser have re- 
 spectively performed their portion of the contract up to 
 the time of the event happening (z). 
 At what As a general rule, a vendor not having a good title 
 
 must be'"° at the time of the contract, may cure the defect at any 
 time before the day appointed for completion ; and if 
 he files a bill for specific performance, at any time 
 before the chief clerk's certificate of title, unless time 
 is made of the essence of the contract, or there has been 
 unreasonable delay (a). But this indulgence will not 
 be given to a vendor who enters, into a contract for the 
 sale of an estate with a knowledge that he has no right 
 to sell, and cannot in the ordinary course of law or 
 equity acquire such right (6). Moreover it is con- 
 ceived that even when a vendor acts bond fide, a pur- 
 chaser may on discovering the want of title repudiate 
 the contract, but in this case he must do so at once, 
 and not act as if he considered the contract to be sub- 
 sisting. Thus in Hoggart v. Scott (c), the executors 
 of a last surviving trustee sold under the misapprehen- 
 sion that a power of sale given to the trustees had 
 devolved on them. They afterwards procured them- 
 selves to be appointed trustees, and thus acquired the 
 power, and the steps taken for that purpose were taken 
 with the purchaser's knowledge and acquiescence. It 
 was held that the purchaser might have retired from 
 the contract as soon as the want of title was discovered, 
 but as he had not taken that course, specific perform- 
 ance was decreed against him. In Eyston v. Simonds (d), 
 
 (x) Harford v. Punier, 1 Mad. Boelmx v. Wood, 1 J. & W. 419 ■ 
 
 539. Eyston v. Simonds, 1 Y. & 0.' N c' 
 
 (y) Mortimer v. Capper, 1 Bro. 608 ; Garnett v. Acton, 28 Beav 
 
 C. C. 156 ; Jackson v. Lever, 3 Bro. 337. 
 
 C. C. 60. (6) Sug. V. & P. 181 ; Chamber- 
 
 (t) Counter4).McPherson,5 Moore, lain v. Lee, 10 Sim. 450 
 
 83. (c) 1 Russ. & M. 293. 
 
 (a) Wynn v. Morgan, 7 Ves. 202 ; (d) 1 Yo. & C. N. Q. 608 
 Mortlock V. Buller, 10 Ves. 315; 
 
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AGREEMENTS. £ 
 
 the title was bad by reason of the ahenage of a person 
 through whom the vendor claimed. The purchaser by 
 his own inquiries ascertained the defect of title, but 
 did not, until after some months of negotiation, repu- 
 diate the contract. Pending the investigation in the 
 Master's office the vendor acquired a good title, and 
 under the circumstances he was held to be entitled to a 
 decree. And in a case where it was found that a small 
 portion of an estate contracted to be sold was the pro- 
 perty of another person, the Court would not discharge 
 the purchaser from the contract without giving the 
 vendor an opportunity of acquiring a title to that 
 portion (e). So also when a tenant for life entered into 
 a contract for the sale of an estate in fee and the pur- 
 chaser proceeded with the investigation of the title 
 with full notice of the defect, specific performance was 
 decreed, although the consent of the parties entitled in 
 remainder was not obtained until the hearing (/). In 
 Adams v. Brooke (g), the vendors were trustees with 
 power to sell with the consent of the tenant for hfe. 
 Upon a bill filed by the trustees for specific perform- 
 ance, it was held that the plaintifis must prove that the 
 requisite consent was given before the filing of the bill, 
 there being no contract without such consent. 
 
 It has been frequently stated as a rule of the. Court HSe^^of 
 of Chancery that a doubtful title will not be forced on ^°™h» 
 a purchaser (h). But it is not easy to say what titles 
 will be considered doubtful within the meaning of this omJe."''"" 
 rule. In one case it was laid down that the opinion of 
 the judge in its favour must be so clear, that it does 
 not apprehend that another judge would form a different 
 opinion (i). But in another case it was stated to be the 
 duty of the Court, in every case where a doubt arises, 
 to remove that doubt by deciding it, and to assume 
 that what a competent tribunal thus decides is right, 
 and will be followed by other judges (j); and in 
 
 (e) Chamberlain v. Lee, 10 Sim. Drew. 329 ; Mullings v. Trinder, 
 
 444. L. R. 10 Eq. 449. 
 
 (/) Salisbury «. Hatcher, 2 Yo. (i) Per Kindersley, V.-C. in 
 
 & Col. N C 54. Rogers v. Waterhouse, ubi suprA. 
 
 (g) 1 Yo. & C. N. C. 627. (j) Per Malins, V.-C. in Bell i'. 
 
 {h) Pyrke v. Waddingham, 10 Holtly, L. R. 15 Eq. 178, 193. 
 Hare, 1 ; Rogers v. Waterhouse, 4 
 
 on a 
 
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82 AGREEMENTS. 
 
 Alexander v. Miles (k), James, L. J., observed : " We 
 do not say that there may not be cases in which a 
 question of law may be considered as doubtful, that a 
 Court would not, on its own view, cpmpel a purchaser 
 to take a title : still, as a general and almost universal 
 rule, the Court is bound as much between vendor and 
 purchaser as in every other case to ascertain and deter- 
 mine what the law is, and to take that to be the law 
 which it has so ascertained and determined. The ex- 
 ceptions to this wiU probably be found to consist, not in 
 pure questions of legal principle, but in cases where 
 the difficulty and the doubt arise in ascertaining the 
 true construction and legal operation of some ill- 
 expressed and inartificial instrument." At all events it 
 is settled that a Court of Appeal, whose opinion is in 
 favour of a title, wiU not treat it as doubtful, merely 
 because the inferior Court has taken a different view 
 and decided against it (I). 
 poSmbioh The taking of possession by the purchaser is an equi- 
 vocal act, but does not of itself amount to an acceptance 
 of the title. In every case it is a question depending 
 upon the circumstances whether the conduct of the pur- 
 chaser is inconsistent with an intention to call for the 
 title, or to insist on objections to it (m). In Fleetwood 
 V. Green {n), specific performance was decreed against 
 a purchaser who had remained in possession for a con- 
 siderable time after the delivery of an abstract without 
 making any objection ; and in Burnett v. Brown (o), a 
 purchaser was held to have waived any objection on 
 the ground of the property being subject to a right of 
 sporting, by taking possession with knowledge of the 
 existence of such right. 
 
 The general rule of law that where a person makes a 
 contract and breaks it, he must pay the whole damage 
 sustained in consequence, does not apply to contracts for 
 the sale of real estate, in respect of which a special rule 
 has been established by the case of Flureau v. Thorn- 
 
 possesBioii 
 when an 
 acceptance 
 of title. 
 
 Measure of 
 damages on 
 ■breach of 
 contract for 
 
 (h) L. R. 6 Cli. 131. & G. 672. 
 
 (/,) Shepherd v. Doolun, 3 D. & (n) 15 Ves. 594. 
 
 War. 1 ; Beioley v. Carter, L. R. (o) 1 Jac. & W. 168. See also 
 
 4 Ch. 230 ; Alexander v. Miles, uU Blatchford v. Fitzpatriok, 6 Beav. 
 
 swprd. 233. 
 
 (to) Simpson v. Sadd, 4 De M. G. 
 
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AGEEEMEKTS. 83 
 
 hill (p), viz., that on a breach of a contract of this 
 nature arising from want of title, the purchaser can 
 only recover by way of damages the expenses of inves- 
 tigating the title, and is not entitled to compensation 
 for the loss of the bargain [q). 
 
 The 23rd section of the Bankruptcy Act, 1869 (/•), ^^!^^\^ 
 provides that when any part of the property of a n'^^i™" 
 bankrupt consists of unprofitable contracts, the trustee '™'='»- 
 of a bankrupt may by writing under his hand dis- 
 claim such property ; in which case it shall revert to 
 the person entitled on the determination of the estate of 
 the bankrupt. 
 
 A binding contract for sale is not avoided by the Effert of 
 death of either party before completion, and on the either party 
 death of the vendor his executors are entitled to the tract. ™" 
 purchase-money. On the death of the purchaser intes- 
 tate, his heir is entitled to have the estate conveyed to 
 him, and to have the purchase-money paid out of the 
 deceased purchaser's personal estate ; but in such a case 
 it is incumbent on the heir to show that there was a 
 binding contract at the time of the death of his ancestor, 
 and one which could be enforced against an unwilling 
 purchaser (s). If, however, the estate contracted for 
 passes by the purchaser's will under a general or specific 
 devise, the estate itself will be the primary fund for the 
 payment of the unpaid purchase-money {t). In a case 
 where a verbal contract for sale was entered into and 
 the vendor died intestate, and his heir who was also 
 administrator, executed a conveyance of the estate in 
 pursuance of the parol contract, it was held that the 
 purchase-money belonged to the next of kin of the 
 deceased {u). 
 
 A general devise contained in a will made since the Effect of 
 Wills Act, passes land contracted to be purchased after tewsT "^ 
 
 {p) 2 Bl. Rep. 1078 ; Walker v. attempted to be engrafted on it by- 
 Moore, 10 B. &C. 416. See Engell Hopkins v. Grazebrook, 6 B. & C. 
 V. Fitch, L. R. 4 Q. B. 659 ; Pounsett 31, disapproved. 
 V. Fuller, 17 C. B. 660 ; Sikes v. (r) 32 & 33 Vict. c. 71. 
 Wild, 30 L. J. Q. B. 325 ; Robinson (s) Broome v. Monck, 10 Ves. 
 V. Harman, 1 Exch. 850. 597 ; Gamett i: Acton, 28 Beav. 
 
 (g) The rule laid down in Flureau 333 ; Hudson v. Cook, L. R. 13 Eq, 
 
 V. Thomhill has been recently fully 417 ; Harding v. Harding, ib. 493. 
 
 considered and confirmed by the (t) 30 & 31 Vict. c. 69, s. 2. 
 
 House of Lords in Bain v. Fothergill, {%) Frayne ;■. Taylor,33 L. J. Ch. 
 
 L. R. 7 H. L. 158, and an exception 228. 
 
 G 2 
 
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84 AGREEMENTS, 
 
 the date of the will ; and a contract for sale of land in 
 equity revokes a previous devise made by the vendor (a:;) ; 
 and it seems clear that the purchase-money will pass 
 under his will as part of his personal estate (y). 
 
 If a vendor dies before completion, leaving an infant 
 heir or devisee, the Court will not consider him a trustee 
 for the purchaser within the meaning of the Trustee 
 Act, 1850, until he has been declared to be so in a suit 
 for specific performance (2). But on a sale to a railway 
 company, where the company had paid the purchase- 
 money and taken possession, Wood, V.-C, treated the 
 case as an exception, the sale being compulsory, and 
 made a vesting order on petition (a); and Romilly,M.R., 
 made a similar order, on a sale to a railway company, 
 where the purchase-money had not been paid and the 
 title had not been accepted before the vendor's death (6). 
 It is difficult to see that the fact that a sale to a rail- 
 way company is compulsory furnishes a sufficient dis- 
 tinction for this purpose. 
 
 STAMPS ON AGREEMENTS. 
 stamps on A^T agreement cannot be offered in evidence unless it is duly 
 
 a^'eements. . , 
 
 stamped. If the subject-matter is not of the value of £5, or 
 ■where the agreement is for the hire of any labourer, artificer, 
 manufacturer, or menial servant, or for the sale of any goods, 
 wares, or merchandize, or is between the master and mariner of 
 a ship for wages on any voyage coastwise from port to port in 
 the United Kingdom, no stamp is required, but in other cases 
 the agreement must be stamped with 6d. (c). 
 stamp on A purchaser of several lots at an auction is considered to 
 
 purchase of _ . 
 
 several lota havc entered into an equal number of agreements for the T)ur- 
 
 at auction. i /. i i 
 
 chase of the same lots, so that the agreement must bear as 
 many stamps as there are lots, assuming that the purchase- 
 money for each lot amounts to £5 (d). But the value of the 
 
 (x) Farrar v. Earl Winterton, 5 (6) Be Lowry's Will, L. R. 15 Eq. 
 
 Beav. I ; In re London Bridge Ap- 78. 
 
 proaches Act, 13 Sim. 569. (c) See 33 & 34 Vict. c. 97, under 
 
 (j/) 1 Jar. on Wills, 148 ; Knollys the head " Agreement or memoran- 
 
 i>. Shepherd, 1 J. & W. 499 ; Dart, dum of agreement." 
 
 256. (d) Jamea v. Shore, 1 Stark. N. 
 
 (a) Re Carpenter, Kay, 418. P. C. 426 j Watling v. Horwood, VZ 
 
 (a) Russell's estute, 12 Jur. N. S. Jur. 48. 
 225. 
 
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AGREEMENTS. 85 
 
 lots must be taken separately, so that if the purchase-money for 
 no single lot amounts to £5, the agreement would not be 
 chai'geable with any stamp. 
 
 If the agreement consists of several letters, it is sufficient to . 
 stamp one (e). 
 
 (e) Stead v. Liddard, 1 Bing. 196. 
 
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86 AGREEMENTS. 
 
 No. I. 
 FOR SALE OF AGREEMENT for the Sale of Freehold Property. 
 
 ■I?T(.1i:i!!HnT.TVCI * 
 
 FREEHOLDS. 
 
 ARTICLES OF AGREEMENT made the day of , 
 
 Between A. B. of &c. (hereinafter called " the vendor "), of the 
 one part, and C. D. of &c. (hereinafter called "the purchaser"), 
 of the other part, WHEREBY IT IS AGREED as follows : — 
 Agreement I. ThE vendor shall sell and the purchaser shall purchase the 
 
 to sell and ... inii -ii- 
 
 purchase, hereditaments described m the schedule hereto, with their ap- 
 purtenances and the inheritance thereof in fee simple in pos- 
 session free from incumbrances, at the price of £ , [to be 
 
 paid as follows, that is to say, the sum of £ as a deposit 
 
 immediately after the signing of this agreement, and the residue 
 thereof on the completion of the purchase] (a). 
 
 Completion II. THE purchase shall be completed on the day of 
 
 pure as6, ^^ ^^^ office of Mr. (the vendor's solicitor) and the pur- 
 chaser shall then have possession of the said premises, all out- 
 goings up to that time being cleared by the vendor. If the 
 
 purchase shall not be completed on the day of next, 
 
 the purchaser shall pay to the vendor interest on [the residue 
 of] the purchase-money after the rate of £4 per cent, per 
 annum from that day until the completion of the purchase (6). 
 
 (a) The words witUn brackets will be omitted, where no deposit is 
 paid, 
 qtiserva- (6) On sales by auction the rate of interest is usually fixed at 5 per cent., 
 
 condition's ^^^ °^ ^ ^^ ^^ private contract a purchaser may fairly object to pay more 
 to interest, than 4 per cent. ; and, even at this reduced rate, the condition will in many 
 cases operate unfairly on the purchaser. The delay in completion may arise 
 from the state of the title or the slowness of the vendor's solicitor in reply- 
 ing to the requisitions, or from many causes over which the purchaser can 
 exercise no control, and he may find himself in the position of having to pay 
 interest while his money is lying idle. Under these circumstances a prudent 
 purchaser will often be advised, either to object to the condition altogether, 
 or to insist on a proviso being added to the following effect : " Provided 
 always, that if the delay in completion shall arise from the state of the title 
 or from any other cause not being the purchaser's fault, the purchaser shall 
 be at liberty to place [the remainder of] his purchase-money on a deposit 
 
 account at the Bank, or on any securities which he may think fit, in 
 
 his own name and at his own risk, and give notice thereof to the vendor, 
 and thereupon the vendor shall be entitled to receive from the purchaser such 
 interest only as shall be actually produced by such deposit or investment." 
 If nothing is said about interest, the purchaser's obligation in this respect 
 will be left to depend on the rule of equity — viz. : That from the day fixed 
 for completion the purchaser is entitled to receive the rents, and must pav 
 interest at 4 •per cent, on his purchase-money, but unless the delay is his 
 
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AGREEMENTS. 87 
 
 III. The vendor shall, on or before the day of 
 
 FOR SiLE OP 
 » FaEBHOLDS. 
 
 deliver to the purchaser or his solicitor an abstract of title to ne,ivery of 
 the said premises, such abstract to commence with indentures of *^^*i'*<='- 
 
 lease and release dated , and the pui-chaser shall not require 
 
 the production of or investigate or make any objection or 
 requisition in respect of the prior title, whether referred to in 
 any abstracted document or not (c). 
 
 IV. Recitals and statements in deeds or other documents ^g^e^YJence 
 dated twenty years and upwards prior to the date of this agree- 
 ment, shall be deemed conclusive evidence of the facts and 
 matters recited or stated therein, or to be assumed or implied 
 therefrom, and of the contents and due execution of any docu- 
 ments recited or stated therein, and which are not in the 
 vendor's possession ; and no objection shall be made on account 
 
 of the non-production of any such recited or stated docu- 
 ments (d). 
 
 V. The production and inspection of all documents not in Expanse of 
 
 ^ ^ ^ production 
 
 the possession of the vendor, and the procuring and making of ^f/°°*'- 
 all certificates, attested, official, or other copies of, or extracts 
 from, any records, registers, deeds, wills, or other documents, 
 and of all declarations and other evidence whatsoever which 
 may be required by the purchaser for the purpose of verifying 
 the abstract or for any other purpose, shall be at the expense of 
 the purchaser, who shall also bear the expense of all searches, 
 inquiries, and journeys which may be required for the above 
 purposes, or any of them. 
 
 VI. {Condition as to identity. — See Conditions of Sale, 
 supra, p. 64). 
 
 VII. All objections and requisitions in respect of the title °„''j°jg^™si. 
 or the abstract, or anything appearing therein^ or in this agree- 1'""^- 
 ment, shall be stated in writing, and sent to the office of the 
 
 said Mr. within days from the delivery of the abstract, 
 
 and all objections and requisitions not sent within that time 
 shall be considered to be waived ; and if the purchaser shall 
 insist on any objection or requisition in respect of the title, 
 
 own fault he may relieve himself of the liability to interest by giving the 
 vendor notice that his money is lying iille. See suprd. 
 
 (c) Insert after the 3rd article any special conditions which the state of 
 the title may require. For forms of such conditions, see suprd, p. 56. If 
 tlie vendor has a registered title, the 3rd clause will be similar to the 4th 
 clause in Precedent No. III. of conditions of sale, suprd, p. 39, and clauses 
 4 to 8 of the above Precedent will be omitted. 
 
 {d) Sec suprd, p. 33, note. 
 
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88 
 
 AGEEEMENTS. 
 
 Vendor to 
 
 execute 
 
 assurance. 
 
 "i-BEE^oLDs^ which the vendor shall be unable or unwilling to remove or 
 comply with, the vendor shall be at liberty (notwithstanding 
 any intermediate negotiation in respect thereof, or any attempt 
 to remove or comply -with the same) by notice in writing, to 
 rescind this agreement, in which case the purchaser shall 
 receive back his deposit, without interest or costs. 
 
 VIII. Upon payment of the purchase-money at the times 
 and in manner aforesaid the vendor shall make and execute to 
 the purchaser a proper assurance of the premises, such assurance 
 to be prepared by and at the expense of the purchaser, and to 
 
 be left by him not' less than seven days before the said 
 
 day of at the ofiSce aforesaid for execution by the vendor. 
 
 {If the vendor is a trustee or mortgagee, add ;) The vendor being 
 a trustee [or a mortgagee selling under a power of sale] shall 
 not be required to enter into any covenants for title other than 
 the usual covenant that he has done no act to encumber ; and 
 any covenant for production of deeds which the purchaser can 
 and shall require from him shall be limited, s6 as to bind him 
 personally, so long only as he shall have the custody of the 
 deeds the subject of such covenant. 
 
 IX. The quantities stated in the schedule shall be presumed 
 to be correct, and an error as to quantity, if any such shall be 
 found, shall neither annul the sale nor entitle either party to 
 compensation. Should any other mistake be found in the 
 schedule before the completion of the contract, the same shall 
 not annul the sale, but a fair compensation shall be made in 
 respect thereof to or by the purchaser, as the case may require, 
 the amount to be settled (in case of difference) by two referees, 
 one to be appointed by each party or their umpire, and if either 
 party shall fail to appoint a referee for the space of ten days 
 after notice shall have been given him by the other party so to 
 do, the referee appointed by the other party may make a final 
 decision alone (e). 
 
 Errors of 
 description. 
 
 The Schedule above referred to. 
 
 (e) See suprA, p. 35, note. 
 
 Digitized by Microsoft® 
 
AGREEMENTS. 89 
 
 No. II. 
 
 AGREEMENT for the Sale of Copyhold Property. for sale of 
 
 ■' *^ COPYHOLDS. 
 
 ARTICLES OF AGREEMENT made the day of , 
 
 Between A B. of &c. (hereinafter called " the vendor "), of the 
 one part, and C. D. of &c. (hereinafter called " the purchaser "), 
 of the other part, whereby it is agreed as follows : — 
 
 I. The vendor shall sell and the purchaser shall purchase f^^fi™°Jjf 
 the hereditaments described in the schedule hereto, being copy- purchase 
 
 hold of the manor of , in the county of , with the 
 
 appurtenances, and the inheritance thereof, according to the 
 custom of the said manor, in possession, free from incumbrances, 
 except the rents, fines, heriots, suits, and services therefor due 
 
 and of right accustomed, at the price of £ [to be paid, &c. 
 
 {as in Article I. of Precedent No. I., 8wprd,p. 86)]. 
 
 {Remaining conditions as in Precedent No. 7.) 
 
 In witness, &c. 
 
 The Schedule above referred to. 
 
 No. III. 
 AGREEMENT for the Sale of Leasehold Property, foe sale of 
 
 ARTICLES OF AGREEMENT made the day of , 
 
 Between A. B. of &c. (hereinafter called "the vendor "), of the 
 one part, and C. D. of &c. (hereinafter called " the purchaser "), 
 of the other part, whereby it is agreed as follows : — 
 
 I. The vendor shall sell and the purchaser shall purchase the 4^^iTnd 
 hereditaments described in the schedule hereto, with their ap- p^ohase. 
 
 purtenances, for the unexpired residue of a term of years 
 
 therein granted by a certain indenture of lease, dated, &c., and 
 made, &c., free from all incumbrances except the rent reserved 
 by the said lease, and the covenants and conditions therein 
 contained and on the lessee's part to be observed and performed, 
 at the price of £ . 
 
 Digitized by Microsoft® 
 
90 AGREEMENTS. 
 
 FOR SALE or 
 LEASEHOLDS. 
 
 II. (Condition as to completion of the purchase and interest. 
 — See Precedent No. I., suprd, p. 86.) 
 
 fbitoS'"' III- The vendor shall, on or before the day of 
 
 next, deliver to the purchaser or his solicitor an abstract of title 
 commencing with the said indenture of lease ; and the pur- 
 chaser shall not inquire into the lessor's title or make any 
 objection or requisition in respect of the same, or require any 
 other evidence of the covenants and conditions contained in 
 the lease having been duly performed up to the completion of 
 the purchase, than the production of the receipt for the last 
 payment of the rent which shall have become due under the 
 said lease (a). (Insert here any other special conditions which 
 the state of the title may require) (b). 
 
 ly., v., VI. (Conditions as to recitals being evidence — expense 
 of production of deeds — objections and requisitions. — See Prece- 
 dent No. I., suprd, pp. 87, 88.) 
 
 Vendor to VII. On payment of the purchase-money at the time and 
 
 execute as- . c ■ i i i 
 
 signmentto m manner aforesaid the vendor shall make and execute a 
 
 purchaser. 
 
 proper assignment of the said premises to the purchaser, such 
 assignment to be prepared by and at the expense of the pur- 
 chaser, and to be left by him seven days before the said 
 
 day of , at the office aforesaid, for execution by the 
 
 vendor. 
 
 VIII., IX. (Conditions as to custody of deeds — errors in de- 
 scription. — See Precedent No. I., suprd, p. 88.) 
 
 In witness, &c. 
 
 The schedule above eefekred to. 
 
 (a) Add, if necessary, " and tlie purchaser shall assume that the person 
 giving such receipt is the rightful owner of the reversion expectant on 
 such lease -without any proof of the devolution of title to him from the 
 original lessor." 
 
 (6) If the vendor has a registered title, clause 3 will be similar to clause 
 4 of Precedent No. 4, Conditions of sale, suprd, p. 41, and the remaining 
 clauses of the above Precedent will be omitted, e.\.cept the last " errors of 
 
 Digitized by Microsoft® 
 
AGREEMENTS. 91 
 
 No. IV. 
 
 AGREEMENT for the Sale of Leasehold Property ^"J'J,";^,^ 
 
 */ i/ LEASEHOLDS 
 
 held by an Underlease, and the Tenant's Fixtures, j,,^^",,^^, 
 
 ARTICLES OF AGREEMENT, made the day of , 
 
 Between A. B. of &c. (hereinafter called " the vendor ") of the 
 one part, and C. D. of &c. (hereinafter called " the purchaser ") 
 of the other part, whereby it is agreed as follows : — 
 
 I. The vendor shall sell and the purchaser shall purchase Agreement 
 
 ^ A to sell and 
 
 the leasehold messuage and premises described in the schedule purchase. 
 hereto, for the unexpired residue of the term of ninety-nine 
 years granted therein by the indenture of underlease mentioned 
 in the said schedule, subject to the rent reserved by the said 
 indenture of underlease, and the covenants and conditions 
 therein contained and on the lessee's part to be observed and 
 performed, and also the tenant's fixtures in and about the said 
 
 premises, at the price of £ [to be paid, &c. {as in Precedent 
 
 No. I., suprd, p. 86)]. 
 
 II. {Agreement as to completion of the purchase and interest, 
 suprd, p. 86.) 
 
 III. The vendor shall, on or before the day of wti?™°* °^ 
 
 next, deliver to the purchaser or his solicitor an abstract of title 
 
 to the said premises, commencing with the said indenture of 
 underlease, and the purchaser shall not requii-e the production 
 
 of the superior lease of the day of , mentioned in the 
 
 said schedule, or make any objection or requisition in respect 
 thereof, nor shall he inquire into the title either of the superior 
 lessor or of the sublessor, or inake any objection or requisition 
 in respect of such title. The receipt for the last payment of 
 rent which shall have become due under the said indenture of 
 underlease shall be produced to the purchaser, and he shall 
 assume that all covenants and conditions contained in the 
 underlease and superior lease respectively, and to be performed 
 by the lessee, have been duly performed up to the completion 
 of the purchase, and he shall also assume that the person giving 
 such receipt is the rightful owner of the reversion expectant on 
 such underlease, without any proof of the devolution of the title 
 to him from the original sublessor (a). 
 
 (a) For another form of tliLS clause, see eonditions of sale, No. II., 
 sujjra, p. 39. 
 
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92 AGEEEMEXTS. 
 
 LEASEHolra (Remaining conditions as in Precedent, No. I.) 
 3ir In witness, &c. 
 
 The Schedule above referred to. 
 
 The messuage or dwelling-house being No. — , street, 
 
 in the parish of , with the stables and appurtenances 
 
 thereto belonging, now in the occupation of , which pre- 
 mises were, by an indenture of underlease, dated the 
 
 day of , and made, &c,, demised unto the said {ori- 
 ginal sublessee), his executors, administrators, and assigns, for 
 the term of ninety-nine years, wanting the last ten days thereof, 
 
 computed from the day of , at the yearly rent of 
 
 £ , and subject to the covenants and conditions contained 
 
 in the said indenture of underlease, and on the underlessee's 
 part to be observed and performed. 
 
 No. V. 
 LEASEHOLD AGREEMENT for Sale of a Leasehold House and 
 
 SHOP AND *> '^ 
 
 ^v™^^- Shop, and the Stock in Trade and Goodwill of the 
 
 Business carried an there. 
 
 ARTICLES OF AGREEMENT made the day of 
 
 I'ai'ties. Between A. B. of &c. (hereinafter called " the vendor "), of 
 the one part, and C. D. of &c. (hereinafter called " the pur- 
 chaser"), of the other part, whereby it is agreed as 
 follows : — 
 AgtoBinent I. The Vendor shall sell and the purchaser shall purchase 
 purchase of the leasehold messuage or tenement and shop, being No. — , 
 
 preniiseB Street, in the town of , held for the residue of a term 
 
 will for a of years granted therein by an indenture of lease, 
 
 dated, &c., at the yearly rent of £ — — , and subject to the 
 covenants and conditions contained in the said indenture of 
 lease, and also the goodwill (a) of the business of , now 
 
 (a) If it is intended that the vendor shall be at liberty, after the sale, to 
 carry on a similar business in the neighbourhood, the expression " goodwill " 
 should be qualified by some explanation in the contract or particulars of 
 sale. Thus, in Johnson v. Helleby, 34 L. J, Ch. 17% the question arose how 
 
 Digitized by Microsoft® 
 
AGREEMENTS. 93 
 
 LEASEHOLD 
 SHOP AND 
 
 BUSINESS. 
 
 carried on by the said A. B. on the said premises, at the price 
 
 of £ . The vendor shall also sell, and the purchaser shall 
 
 purchase the tenant's fixtures in and about the said premises, ™i tenant's 
 
 * ^ r ^ fixtures and 
 
 and the stock in trade and book and other debts belonsring and ^^^ '" 
 
 c) o trade at a 
 
 due and owing respectively to the said A. B., and the benefit of valuation. 
 all contracts and engagements entered into with him in respect 
 of the said business, at a sum to be determined by valuation as 
 hereinafter is mentioned. 
 
 II. The purchaser shall, immediately after the signing of ^jfPp^^^j?";* 
 
 this agreement, pay to the vendor the sum of £ by way of "*' p'"''''''"^- 
 
 deposit. The purchase shall be completed on the day of 
 
 next, at the office of, &c., and the purchaser shall, as 
 
 from that day, have possession of the said premises, and be 
 the proprietor of the said business subject to the following 
 conditions. 
 
 III. The tenant's fixtures, stock in trade, and eflfects, book J^^f°\°' 
 and other debts shall be valued according to the value of the 
 
 same on the day of next, and the valuation shall be 
 
 made by L. M., of, &c., who is appointed for this purpose by the 
 vendor, and N. O., of, &c., who is appointed for this purpose by 
 the purchaser, or in case the said valuers shall disagree, then by 
 P. Q., of, &c., who has been appointed umpire by the valuers. 
 If either of the valuers shall die before the valuation is com- 
 pleted, or shall refuse to act, another valuer shall be appointed 
 in his place by the party by whom the deceased or refusing 
 valuer was appointed ; and if the umpire shall die before the 
 valuation is completed, or shall refuse to act, the valuers shall 
 appoint another umpire. 
 
 IV. The purchaser shall pay the remainder of his purchase- ^"■'"'"'^-^^ 
 money (including the amount of the aforesaid valuation) at the P^fJ^^y^^' 
 times following ; (that is to say,) one third part thereof on 
 
 the day of next, one third part thereof on the 
 
 day of , 18 — , and the remaining one third part thereof on 
 
 the goodwill of a business, which upon the death of one of the partners had 
 been directed to be sold as a going concern, should be described, and more 
 particularly whether the existence of the right of the surviving partner to 
 carry on a like trade in the same town should be mentioned in the particu- 
 lars ; and the Court directed that the following words should be inserted at 
 the foot of the advertisement for sale : — " This sale will give to the pur- 
 chasers both the premises on which the business has been carried on and 
 the benefit to be derived from the habit of customers resorting to the said 
 premises ; but will not prevent persons formerly interested in the said 
 business, or those who may represent them, from carrying on the same 
 business." 
 
 Digitized by Microsoft® 
 
94 AGREEMENTS. 
 
 BUSINESS. 
 
 fnopTND *'i® -^ — ^^J of . 18—, and the instalments of purchase- 
 money for the time being remaining unpaid shall bea,r interest 
 after the rate of £5 per cent, per annum, computed from the 
 
 said day of - — — next. 
 
 Ssn'on V. Upon the payment on the day of next of the 
 
 completion, instalment of purchase-money hereby made payable on that day, 
 the vendors shall make and execute to the purchaser a proper 
 assignment of the said premises, such assignment to be prepared 
 by and at the expense of the purchaser, and the vendor shall, in 
 and by such assignment, covenant with the purchaser not to 
 
 carry on a similar business in the said town of , or within 
 
 a distance of miles therefrom. 
 
 taTsecurr ^^- ^"^ *^^ Same time with the execution of the said assign- 
 
 sfaamente' ^^^nt, the purchaser, and two sureties to be approved of by the 
 
 moneyfy^'^ vcndor, shall execute to the vendor their joint and several bond, 
 
 mortgage! ^^ * Sufficient penalty, conditioned for the payment of the 
 
 remaining instalments of the said purchase-money, and the 
 
 interest thereof, at the times and in the manner above provided ; 
 
 and the purchaser shall also make and execute to the vendor a 
 
 proper and effectual mortgage of the said leasehold premises, 
 
 and the stock in trade and effects of the said business, for 
 
 further securing the payment of the said instalments and 
 
 interest, such mortgage to contain a power of sale and such 
 
 other powers and provisions as the vendor may reasonably 
 
 require. 
 
 Howbusi- VII. In the meantime, and until the completion of the said 
 
 iiess IS to be ^ ' _ ^ 
 
 carried GO purchase, the business shall be carried on by the vendors as at 
 
 la mean- ^ ' *^ 
 
 time. present, for their own benefit, but the purchaser shall act as 
 
 their manager, and shall receive the weekly sum of £ by 
 
 way of salary as such manager. 
 
 Purchaser VIII. The purchaser has examined the title of the vendors 
 
 to accept 
 
 ussor'aatie. to the sajd leasehold premises, and he is satisfied therewith, and 
 hereby undertakes to accept the same as it stands. 
 In witness, &c. 
 
 Digitized by Microsoft® 
 
AGREEMENTS. 95 
 
 No. VI. 
 
 AGREEMENT for the Salk hy Trustees of an Estate sale of 
 comprising Freeholds, Copyholds, and Leaseholds, jopyholdb, 
 
 AND 
 LEASEHOLDS, 
 
 ARTICLES OF AGREEMENT made the day of - 
 
 Between A. B. of &c. and C. D. of &c. (hereinafter called " the 
 vendors"), of the one part, and E. F. of, &c. (hereinafter called 
 " the purchaser "), of the other part, WHEREBY IT IS AGREED as 
 follows : — 
 
 I. The vendors shall sell and the purchaser shall purchase Agreement 
 All and singular the messuages or tenements, lands, and here- purchase. 
 
 ditaments, situate in the parish of , in the county of , 
 
 described in the first part of the schedule hereto, and the 
 inheritance thereof in fee simple in possession, free from incum- 
 brances. And also the messuages or tenements, lands and 
 
 hereditaments, being copj'hold of the manor of , in the said 
 
 county, described in the second part of the said schedule, and 
 
 the customary inheritance thereof in fee simple in possession, 
 free from incumbrances, except the rents, fines, heriots, suits, 
 and services therefor due and of right accustomed. And also 
 the messuages or tenements, lands and hereditaments, situate in 
 
 the said parish of , described in the third part of the said 
 
 schedule for all the residue now unexpired of the term of 
 
 years, granted therein by an indenture of lease, dated, &c., and 
 made, &c., free from all incumbrances, except the rent reserved 
 by the same indenture, and the covenants and conditions therein 
 contained, and on the lessee's part to be observed and performed, 
 at the price of £ . 
 
 II. In addition to the said sum of £ , the purchaser valuation of 
 
 shall pay for all timber, and timber-like trees, tellers, pollards, "" '' 
 and saplings down to the value of Is. per stick inclusive, 
 standing or growing upon the said premises, according to a 
 valuation to be made in manner following (that is to say) : 
 
 Each party shall by writing appoint a valuer and give notice 
 thereof by writing to the other party within fourteen days after 
 the signing of this agreement, and the valuers thus appointed 
 shall, before they proceed to act, appoint by writing an umpire, 
 and the two valuers, or if they disagree, their umpire, shall 
 make the valuation. If either party shall neglect to appoint 
 
 Digitized by Microsoft® 
 
96 
 
 AGREEMENTS. 
 
 Vendors to 
 execute as- 
 surance to 
 purchaser. 
 
 FREEHOLDS, ^ ^aluei" Or to give notice thereof to the other party for the space 
 
 copyholds; aforesaid, the valuer appointed by the other party shall make a 
 
 LEASEHOLDS, fi^^] valuation alon6. The expression "the purchase-money" 
 
 used in this agreement shall include the amount of the valuation 
 
 to be made under this article. 
 
 III., IV., V. (.Conditions as to completion of the purchase 
 and payment of interest — delivery of abstract and time for 
 making requisitions — commencement of title — expense of pro- 
 • ducing deeds. — See Precedent No. I., pp. 86, 87.) 
 
 VI. Upon payment of the purchase-money at the time and 
 in manner aforesaid, the vendors shall make and execute a 
 proper assurance, or proper assurances, of the said premises to 
 the purchaser, such assurance or assurances to be prepared by 
 and at the expense of the purchasei", and to be left at the office 
 
 aforesaid at least seven days before the said day of 
 
 next. The vendors being trustees for sale, no covenants for 
 title shall be given, other than the usual covenant that the 
 vendors have not incumbered, and the concurrence of the 
 persons beneficially interested in the purchase-money shall not 
 be required. And any covenant for production which the 
 purchaser can and shall require from the vendors or any other 
 persons shall be so limited as to bind the covenantors personally 
 so long only as they shall have the custody of the deeds, the 
 subject of such covenant. 
 
 (Other conditions as in Precedent No. I. — See supra, p. 88.) 
 
 In witness, &c. 
 
 The Schedule above referred to. 
 
 FOR SALE 
 OF LIFE 
 
 No. VII. 
 
 AGREEMENT for Sale of a Life Estate in Freeholds. 
 ARTICLES OF AGREEMENT made the - 
 
 - day of , 
 
 Between A. B. of &c. (hereinafter called " the vendor") of the 
 one part, and C D., of &c. (hereinafter called "the purchaser"), 
 of the other part, whereby it is agreed as follows : — • 
 
 Digitized by Microsoft® 
 
AGREEMENTS. 97 
 
 I. The vendor agrees to sell and the purchaser aorees to ^r^ale 
 
 1 * It* O OF LIFE 
 
 purchase All that the estate for life, without impeachment of ^^"^- 
 waste, of the vendor in All (parcek), with their appurtenances, to^eiTS' 
 
 free from incumbrances, at the price of £ [to be paid as p'^'=''^«- 
 
 follows, &c. — (See Precedent, No. I., supra, p. 86.) ] 
 
 ■ Other conditions as in Precedent No. L, so far as applicable, 
 
 adding the following : — 
 
 This agreement shall not be rendered void, or be in any- Agreement 
 
 wise affected by the death of the vendor before the said ^oli^ed 
 
 day of next. Si.'l 
 
 In witness, &c. 
 
 vendor. 
 
 No. VIII. 
 
 AGREEMENT for Sale of a Reversionary Estate in 
 Freeholds. 
 
 ARTICLES OF AGREEMENT made the day of , 
 
 FOR SALE 
 OF REVER- 
 SIONARY 
 ESTATE. 
 
 Between A. B. of &c. (hereinafter called " the vendor"), of the 
 one part, and C. D. of &c. (hereinafter called '' the purchaser"), 
 of the other part, whereby it is agreed as follows : — 
 
 I. The vendor agrees to sell and the purchaser agrees to Agreement 
 purchase All those (parcels), and the inheritance thereof in purchase. 
 fee simple, free from incumbrances (subject nevertheless to the 
 estate therein of G. H. of &c., during his life, which estate is 
 without impeachment of waste), at the price of £ . 
 
 II. The purchase shall be completed on the day of of'^SSe 
 
 next, at the office of Mr. , the vendor's solicitor, and if from 
 
 any cause whatever the purchase is not completed on that day, 
 the purchaser shall pay interest on the said purchase-money 
 after the rate of £5 per cent, per annum, computed from that 
 day until the completion of the purchase. 
 
 III., IV. (Conditions as to delivery of abstract and time for 
 making requisitions, and commencement of Title, as in Precedent 
 No. I., supra, p. 87.) 
 
 V. On payment of the purchase-money at the time and in ^^^'J^^'" 
 manner aforesaid the vendor shall execute to the purchaser a i^^surance. 
 proper assurance of the said premises, subject to the said life 
 estate, such assurance to contain a covenant by the purchaser 
 for the payment of the succession duty, which shall become 
 
 VOL. I. H 
 
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98 
 
 AGREEMENTS. 
 
 FOR SALE 
 
 OF KEVEB- 
 
 SIONARY 
 
 ESTATE. 
 
 As to deeds 
 in posses- 
 sion of 
 tenant for 
 life. 
 
 Expense of 
 production 
 of deeds. 
 
 payable upon the death of the said G. H., and for indemnifying 
 the vendor therefrom (a). And the said assurance shall be 
 prepared by and at the expense of the purchaser, and shall be 
 
 left by him before the said day of next, at the office 
 
 aforesaid, for execution by the vendor. 
 
 VI. The deeds and documents of title relating to the said 
 premises are in the possession of the said G. H. as tenant for 
 life, and on his death such of the said deeds and documents as 
 relate exclusively to the said premises shall be delivered to the 
 purchaser, and such of them as relate also to other property of 
 the vendor, shall be retained by him. The vendor will on the 
 completion of the purchase, enter into the usual covenant with 
 the purchaser for the production and furnishing copies to him, 
 after the death of the said G. H., of such of the said deeds and 
 documents as shall be retained by the vendor, the deed con- 
 taining such covenant to be prepared by and at the expense of 
 the purchaser. 
 
 VII. The production and inspection of all deeds and docu- 
 ments, and the procuring and making of all certificates, attested, 
 official, or other copies of or from any deeds, wills, or other 
 documents, and of all other evidence whatever, which the pur-_ 
 chaser shall require, whether for the pui-pose of. verifying the 
 abstract or otherwise, shall be at his own expense, and he shall 
 also bear the expense of all searches, inquiries, and journeys, for 
 the purposes aforesaid, or any of them, 
 
 VIII. This agreement shall not be rendered void by the 
 death of the said G. H. before the said day of . 
 
 IX. {Condition as to errors of description. — See suprh, 
 p. 88.) 
 
 In witness, &c. 
 
 (a) As between vendor and purchaser of a reversion, the purchaser must 
 pay the succession duty : Cooper v. Trewby, 28 Beav. 197. 
 
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AGEEEilENTS. 99 
 
 No. IX. 
 
 AGREEMENT for Sale hi Tenant for Life areci "^r sale by 
 
 '^ "^ TENANT FOB 
 
 Remainderman. i-'^ asd 
 
 REMAINDER- 
 MAN. 
 
 ARTICLES OF AGREEMENT made the day of , 
 
 Between A. B. of &c. (who is tenant for life of the heredita- 
 ments hereby agreed to be sold) of the first part, C. D. of &c. 
 (who is tenant in fee simple in remainder of the said heredita- 
 ments) of the second part, and E. F. of &c. {purchaser) of the 
 third part, whereby it is agi-eed as follows : — 
 
 I. The said A. B. and C. D. (hereinafter called "the vendors") Agreement 
 
 , 'to sell and 
 
 hereby agree to sell, and the said E. F. (hereinafter called " the pnrcLase. 
 purchaser"), hereby agrees to purchase the hereditaments de- 
 scribed in the schedule hereto, and the inheritance thereof in 
 fee simple in possession, free from incumbrances (except the 
 succession duty (if any) to become payable on the death of the 
 said A. B., and which duty if it shall become payable will be at 
 the rate of £ — per cent.), at the price of £ . 
 
 Remainder of precedent same as Precedent No. I. (a). 
 
 In witness, &c. 
 
 The Schedule above referred to. 
 
 (a) If A. tenant for life and B. tenant in remainder, join in conveying 
 the fee simple in possession to C. a purchaser, succession duty will become 
 payable under the 15th section of the Act on the death of A., at the same 
 rate as if no alienation had been made, provided that no new succession is 
 created in the mean time. Thus, if C. is living without having again aliened, 
 at the death of A., C. will have to pay duty at the same rate asB. would' 
 have had to pay, but the actual sum to be paid will be different, as it will 
 be calculated on the value of C.'s (not B.'s) life. But if C. dies before A., 
 his heir or devisee will have to pay duty at once as on a succession derived 
 from C, and on A.'s subsequent death, no further duty wiU be payable : {In 
 re Cooper and Allen's contract, L. E. 4 C. D. 802.) Although the liability to 
 duty is contingent only, it is conceived that in the absence of stipulation, 
 a purchaser from tenant for life and remainderman is entitled to insist 
 on its being commuted before its completion, under sect. 41 of the Act. 
 (Dart. V. & P. p. 511.) It seems desirable, where the duty would be heavy, 
 to guard against such a reijuisition by a clause in the contract, because, 
 although the purchaser wUl probably give less on account of the liability, 
 the deduction having regard to the contingency that the duty may not become 
 payable at all, ought not to be so much as would have to be paid for the 
 commutation. 
 
 Digitized by Microsoft® 
 
100 
 
 AGREEMENTS. 
 
 AGREEMENT 
 FOR SALE 
 
 SUBJECT XO 
 FEE FARM. 
 
 Agreement 
 to sell and 
 purchase. 
 
 Interest, 
 
 Delivery of 
 abstract. 
 
 Receipt of 
 last pay- 
 ment of 
 rent to bo 
 evidence. 
 
 No. X. 
 
 AGREEMENT /or Sale of Feeeholds which are subject 
 to a Perpetual yearly Rentcharge. 
 
 ARTICLES OF AGREEMENT made the ■ day of , 
 
 Between A. B. of &c. (hereinafter called " the vendor"), of the 
 one part, and C. D. of &c. (hereinafter called "the purchaser"), 
 of the other part, whereby it is agreed as follows : — 
 
 I. The vendor shall sell and the purchaser shall purchase the 
 hereditaments described in the schedule hereto, with their 
 appurtenances, and the inheritance thereof in fee simple, free 
 from incumbrances except a fee farm rent of £10 created by an 
 
 indenture dated the day of , and certain covenants 
 
 and conditions contained in the same indenture as to buildings 
 
 and otherwise, at the price of £ , to be paid on the 
 
 day of , at the office of Mr. , the vendor's solicitor, at 
 
 which time and place the purchase is to be completed, and the 
 purchaser shall then have possession of the said premises, all 
 outgoings up to that time being cleared by the vendor. If the 
 
 purchase shall not be completed on the day of next, 
 
 the purchaser shall pay to the vendor interest on the purchase- 
 money after the rate of £4 per cent, per annum from that day 
 until the completion of the purchase. 
 
 II. The vendor shall, on or before the day of , 
 
 deliver to the pjirchaser or his solicitor an abstract of title to 
 the said premises, and within, &c. (Clause for making requi- 
 sitions, supra, p. 87.) 
 
 III. The title shall commence, &c. (special conditions as to 
 title). The receipt for the last payment of the said rent of £10 
 which shall have become due prior to the completion of the 
 purchase shall be accepted by the purchaser as conclusive 
 evidence of the performance of the covenants and conditions 
 
 contained in the said indenture of the day of up to 
 
 the completion of the purchase, and the vendor shall on no 
 account be required to deduce the title to the said rent, or to 
 show that the person giving such receipt is the present owner 
 thereof. 
 
 (Other conditions as in Precedent No. I.) 
 In witness, &c. 
 
 The Schedule above referred to. 
 
 Digitized by Microsoft® 
 
AGREEMENTS. i AQl 
 
 \¥ 
 
 No. XI. 
 AGREEMENT for Sale of an Advowson. ™b sale ot 
 
 ADVOWSON. 
 
 ARTICLES OF AGREEMENT made the day of , 
 
 Between A. B. of &c. (hereinafter called " the vendor"), of the 
 one part, and C. D. of &c. (hereinafter called " the purchaser "), 
 of the other part, whereby it is agreed as follows : — 
 
 I. The vendor shall sell and the purchaser shall purchase Agnoment 
 
 . *■ ^ t*t aell and 
 
 All that the advowson and perpetual right of presentation of purchase. 
 
 and to the rectory and parish church of , in the county 
 
 of , and the inheritance thereof in fee simple, free from in- 
 cumbrances, at the price of £ , to be paid as follows (that is 
 
 to say), the sum of £ , part thereof, immediately after the 
 
 signing of this agreement, and the sum of £ — — , residue 
 
 thereof, on the day of next, at the oflSce of Messrs. 
 
 (the vendor's solicitors), at which time and place the purchase 
 is to be completed. 
 
 II. {Condition as to delivery of abstract and time for making 
 requisitions, supra, p. 87.) 
 
 III. The title shall commence, &c. (as in precedent No. I., commenoe- 
 suprd, p. 87, adding at the end), and all recitals and statements w*'^- 
 
 in any document dated twenty years and upwards prior to the 
 date of this agreement shall be conclusive evidence of the facts 
 or matters recited or stated therein or to be assumed or implied 
 therefrom (a). 
 
 IV. (Expense of production of deeds, suprd, p. 87.) 
 
 V. Upon payment of the purchase-money at the times and vendor to 
 
 ^ ** i -^ _ execute 
 
 in manner aforesaid the vendor and all other necessary parties assurance 
 (if any) shall execute a proper assurance of the said advowson 
 to the purchaser, such assurance to be prepared by and at the 
 expense of the purchaser, and to be left by him at least seven 
 
 days before the said day of , at the office aforesaid, 
 
 for execution by the vendor. 
 
 VI. If through the default or neglect of either party the Power to 
 
 purchase shall not be completed on the said day of , *°^^^'|!jf„ 
 
 then the other party may, by notice in writing, rescind this a certain 
 agreement, and in such case the defaulting or neglecting party 
 
 (a) The rules in section 2 of the Vendor and Purchaser Act, 1874, appear 
 not to apply to advowsons. 
 
 Digitized by Microsoft® 
 
102 
 
 AGREEMENTS. 
 
 FOR SALE OF 
 ADVOWSON. 
 
 shall pay and reimburse to the other party the costs and ex- 
 penses which shall have been previously incurred by him in or 
 about this agreement, or the carrying of the same into efifect, or 
 otherwise in relation thereto. 
 
 Interest. VII. If the purchase shall not be completed on the day 
 
 of next, and if this agreement shall not be rescinded under 
 
 Article VI., the purchaser shall pay interest on the residue of 
 
 the purchase-money, after the rate of £ per cent, per 
 
 annum, from the said day of next, until the com- 
 pletion of the purchase. 
 
 VIII. If the said benefice shall become vacant before the said 
 day of next, the vendor shall, upon payment of the 
 
 On vacancy 
 of benefice 
 before com- 
 pletion, 
 vendor to 
 present 
 nominee of 
 purchaser. 
 
 purchase-money, present thereto the nominee of the purchaser. 
 In witness, &c. 
 
 No. XII. 
 
 FOR SALE OF 
 KEXT PRE- 
 SENTATION. 
 
 Agreement 
 to sell and 
 purchase. 
 
 Vendoi- to 
 
 execute 
 assurance. 
 
 AGREEMENT for Sale of a Next Presentation. 
 
 ARTICLES OF AGREEMENT made the day of , 
 
 Between A. B. of &c. (hereinafter called " the vendor "), of the 
 one part, and C. D. of &c. (hereinafter called " the purchaser "), 
 of the other part, whereby it is agreed as follows : — 
 
 I. The vendor shall sell and the purchaser shall purchase 
 All that the next presentation to the rectory or parish church 
 
 of , in the county of , of which the Rev. is the 
 
 present incumbent, at the price of £ , to be paid as follows, 
 
 the sum of £ , part thereof, immediately after the signin* 
 
 -, residue thereof, on 
 of Messrs. (the 
 
 of this agreement, and the sum of £ 
 
 the day of next, at the office 
 
 vendor's solicitors), at which time and place the purchase is to 
 be completed. 
 
 II., III., IV. {As in last Precedent.) 
 
 V. Upon payment of the purchase-money at the times and 
 in manner aforesaid the vendor and all other necessary parties 
 (if any) shall make and execute a proper assurance of the said 
 next presentation to the purchaser, such assurance to be pre- 
 pared by and at the expense of the purchaser, and to be left by 
 
 him at least seven days before the said day of , at the 
 
 office aforesaid, for execution by the vendor. 
 
 Digitized by Microsoft® 
 
AGREEMENTS. 103 
 
 VI., VII. (Conditions as to rescinding the agreement on non- '■'"' ^'^^^- °^ 
 completion at the time specified, and as to interest as in last b'^ation. 
 Precedent.) 
 
 VIII. If the said benefice shall become vacant before the said ^^ lo 
 
 day of next, the vendor shall, on payment of the pur- before eom- 
 
 chase-money, present thereto the nominee of the purchaser (a). ^ "*'""' 
 
 In witness, &c. 
 
 No. XIII. 
 AGREEMENT for Sale of an Advowson, or Next Pre- ""•< sale op 
 
 ADV0W80N 
 
 SENTATioN, and of an Annual Sum equal to Interest ^nd annual 
 on the Purchase-Money until a Vacancy (h). 
 
 ARTICLES OF AGREEMENT made the day of ■ 
 
 Between A. B. of &c. (hereinafter called " the vendor "), of the 
 one part, and C. D. of &c. (hereinafter called " the purchaser "), 
 of the other part, whereby it is agreed as follows : — 
 
 I. The vendor shall sell and the purchaser shall purchase, Agreement 
 
 A 0/7-7 7 tfl sell and 
 
 ALL THAT, &c. {describe advowson, or next presentation, as the pmchaae. 
 
 (a) If after the sale of a next presentation the incumbent is promoted to a 
 bishopric, so that the next turn devolves on the Crown, the purdiaser will, in 
 the absence of a stipulation to the contrary, be entitled to the next pre- 
 sentation after that by the Crown. It is obvious, however, that such a 
 postponement of the purchaser's right to present would seriously diminish 
 the value of his purchase, and would in many cases entirely defeat the object 
 with which he has purchased. Whenever, therefore, there is a probability 
 of the present incumbent being made a bishop, a prudent purchaser will 
 stipulate that such an event shall put an end to the contract, and obtain 
 security for the repayment of his purchise-money. The best mode of effect- 
 ing this object would be to make the arrangement provided fur by Precedent 
 XIIL, infrd. 
 
 (6) It is sometimes made part of the arrangement on the purchase of 
 an advowson or next presentation, that the purchaser shall receive interest 
 on his purchase-money until a vacancy. Such an arrangement may be 
 effected in two modes, (1) by the vendor giving to the piiruhaser his bond 
 for an annual sum equal to interest at the rate stipulated on the purchase- 
 money ; or (2) by investing the purchase-money in the names of trustees, 
 upon trust to pay the income thereof to the purchaser until a vacancy. 
 Such an arrangement has been held valid when the vendor is not the in- 
 cumbent (Sweet V. Meredith, 3 Giff. 610) ; and it is conceived, though it 
 has never been expressly decided, that the circumstance of the vendor 
 being the incumbent would make no difference, provided that the interest 
 made payable by the vendor during his incumbency does not exceed the 
 ordinary rate of interest. If, however, the vendor, the incumbent, should 
 afterwards resign, and thus become relieved from further payment of 
 interest, a serious question might arise as to whether such resignation were 
 not simoniacal within the meaning of the Act 31 Eliz., c. 6, sec. 7. 
 
 Digitized by Microsoft® 
 
104 
 
 AGREEMENTS. 
 
 FOR SALE OF 
 
 ADVOWSON 
 AND ANNUAL £ 
 SUM. **'' 
 
 case may be) for the sum of £ , and also an annual sum of 
 
 -, being equal to interest on the said sum of £ , after 
 
 secure 
 annual sum. 
 
 the rate of £4 per cent, per annum, to be paid for such period 
 and in such manner, and to be so secured as hereinafter men- 
 tioned, the said purchase-money to be paid on the day 
 
 of next, at the office of Mr. (the vendor's solicitor), 
 
 at which time and place the purchase is to be completed. 
 Vendor to H. XJpON payment of the purchase-money as aforesaid the 
 
 execute ^ r J a -^ 
 
 assurance of vendor and all other necessary parties (if any) shall make and 
 
 advowson, •' ^ ^ ^ ■ ^ ' 
 
 bondiM execute a proper assurance of the said (advowson, or next pre- 
 sentation, as the case may be), and shall also give and execute to 
 the purchaser his (the vendor's) bond in a sufficient penalty con- 
 ditioned for the payment to the purchaser, his executors and 
 
 administrators, of the said annual sum of £ , commencing 
 
 from the day of next, and to be payable until the 
 
 day on which the said benefice shall next become vacant, and 
 
 to be payable by equal half-yearly payments on the day 
 
 of , and the day of in every year, the first of 
 
 such payments to be made on the day of next (a). 
 
 The assurance and bond to be executed as aforesaid shall be 
 prepared by and at the expense of the purchaser, and shall be 
 
 left by him before the said day of next, at the office 
 
 aforesaid, for execution by the vendor. 
 
 {Bemaining clauses as in Precedent No. XI,) 
 
 In witness, &c. 
 
 POK SALE OF 
 ADVOWSON 
 
 AND 
 INVESTMENT 
 
 OF 
 
 PUROHASE- 
 
 MONEY 
 
 UNTIL 
 
 VACANCY. 
 
 No. XIV. 
 
 AGREEMENT for Sale of an Advowson, or Next 
 Presentation, where it is part of the arrangement 
 that the Purchase-money shall be invested until a 
 Vacancy, and the Income received by the Pur- 
 chaser (b). 
 
 ARTICLES OF AGREEMENT made the day of , 
 
 Between A, B. of &c. (hereinafter called "the vendor"), of the 
 one part, and C. D. of &c. (hereinafter called "the purchaser") 
 of the other part, whereby it is agreed as follows : — 
 
 (a) Six calendar months after the day appointed for completion. 
 
 (b) See p. 103, supra, note (6). 
 
 Digitized by Microsoft® 
 
AGREEMENTS. 105 
 
 FOR SALE OF 
 ADVOWSON 
 
 AND 
 INVESTMENT 
 
 OF 
 
 PUHCHASE- 
 
 MONEY 
 
 UNTIL 
 
 VACANCY. 
 
 I. The vendor shall sell and the purchaser shall purchase 
 All that, &c. {describe advowson, or next presentation, as the 
 case may he), at the price of £ : the purchase to be com- 
 pleted in the manner hereinafter mentioned on the day 
 
 of next, at the office of Mr. , the vendor's solicitor. 
 
 II., III., IV. {Conditions as to delivery of abstract and time to^lKa 
 for making requisitions — commencement of title — expense of^^^"^^^' 
 production of deeds, dc, as in Precedent No. XL) 
 
 V. Upon the day of next, the purchaser shall ^'^^'=^"^,^; ^ 
 
 pay the said purchase-money of £ to two trustees, one to invested, 
 
 be nominated by the vendor and the other by the purchaser, 
 upon, trust to invest the same in Bank £3 per cent, annuities, 
 and pay the dividends thereof to the purchaser, his executors 
 or administrators, until the said benefice shall next become 
 vacant, and subject to the trust aforesaid, and also to 
 Article IX., in trust for the vendor, his executors, administra- 
 tors, and assigns. And upon payment of the said purchase- 
 money as aforesaid, the vendor shall execute a proper assur- 
 ance, &c. (supra, p. 102). 
 
 VI., VII., VIII. (Power to rescind contract — as to interest — 
 and on vacancy of benefice before completion vendor to present 
 nominee of purchaser, as in Precedent No. XI.) 
 
 IX. If the next presentation shall devolve on the Crown by Provision 
 
 . . ., ... .J . in case next 
 
 reason of the promotion of the present incumbent to a bishopnc, iics.ntation 
 
 • 1 1 1 T> 1 fn devolves on 
 
 this agreement shall be void, and the Bank £3 per cent, an- cmwn. 
 nuities, representing the purchase-money, shall thereupon be 
 transferred to the purchaser as his absolute property (a). 
 
 No. XV. 
 
 AGKEEMENT for Sale where part of the Purchase- foe sale 
 
 •' "^ WHERE PARI 
 
 MONEY is to REMAIN OH MORTGAGE of the PROPERTY 
 
 PDRCHASE- 
 
 for A CERTAIN Period. >«»'ev 
 
 ARTICLES OF AGREEMENT made the day of , 
 
 Between A. B. of &c. (hereinafter called "the vendor"), of 
 the one part, and C. D. of &c. (hereinafter called " the pur- 
 chaser "), of the other part, whereby it is agreed as follows : — 
 (a) See p. 103, suprd, note. 
 
 Digitized by Microsoft® 
 
 REMAINS ON 
 UOKTGAGE. 
 
106 AGREEMENTS. 
 
 FOR SALE 
 WHERE PART 
 
 PURCHASE- 
 MONEY 
 REMAINS ON 
 MORTGAGE. 
 
 I. The vendor shall sell and the purchaser shall purchase 
 All those, &c. {'parcels), and the inheritance thereof in fee 
 simple in possession, free from incumbrances, at the price 
 of £3000. 
 
 to^iiZd II- to VI- {Conditions as to delicery of abstract and time 
 purchase, y^^ making requisitions — expense of production of deeds, dc. 
 — commencement of title and errors of quantity, d-c, supra, 
 pp. 87, 88). 
 
 Time Tor VII. The purchase shall be completed on the day of 
 
 ofpurcimsej uext, and from that day the pn rchaser shall be entitled to 
 
 the rents and profits of the said premises, all outgoings up to 
 that day being discharged by the vendor. If the purchase shall 
 
 not be completed on the said day of , the purchaser 
 
 shall pay to the vendor interest on the said purchase-money 
 
 from the said day of , until the completion of the 
 
 said purchase, on the sum of £1000, part thereof, after the rate 
 of £5 per cent, per annum, and on the sum of £2000 residue 
 thereof after the rate of £4 per cent, per annum. 
 Vendor to VIII. IJPON the Completion of the purchase, the vendor shall 
 execute execute to the purchaser a proper assurance of the said pre- 
 mises ; and as some of the muniments of title relate to other 
 property of the vendor, as well as to the said premises hereby 
 agi-eed to be sold, the same shall be retained by him upon his 
 entering into the usual covenant with the purchaser for the pro- 
 duction of the same. The said assurance and deed of covenant 
 shall be prepared by and at the expense of the purchaser. 
 p^^^f IX. Upon the completion of the purchase, the purchaser 
 
 money to ^^^^^ V^J ^0 ^^^^ Vendor the sum of £1000, part of the said 
 purchase-money, and the sum of £2000 (residue thereof) shall 
 remain on mortgage of the said premises, at interest, after the 
 rate of £4 per cent, per annum, payable half-yearly. And by 
 the mortgage-deed the said principal money shall be made 
 
 payable on the day of next, but subject to provisoes 
 
 precluding the vendor from calling in the same during a term 
 
 of ten years, computed from the — ^ — day of next, in case 
 
 interest shall be regularly paid in the meantime within thirty 
 days after the several half-yearly days of payment thereof 
 respectively, and in case the purchaser shall duly observe the 
 covenants (other than the covenants for payment of principal 
 and interest) to be contained in the mortgage- deed ; and also 
 precluding the purchaser from compelling the vendor to receive 
 the said principal money before the expiration of the said term. 
 
 Digitized by Microsoft® 
 
 money to 
 remain on 
 mortgage. 
 
AGREEMENTS. lO'; 
 
 FOR SALE 
 HERE PART 
 OF 
 PURCHASE- 
 MONEY 
 REMAINS ON 
 MORTGAGE. 
 
 And the said mortgage shall also contain covenants by the pur- ' 
 chaser for the payment of the principal money and interest, and 
 such power of sale, and other powers and provisions for better 
 securing the payment of the principal money and interest, as 
 the vendor shall reasonably require. 
 
 X. The said mortgage shall be prepared by the vendor at Mortgage to 
 
 ° ° r r J te executed 
 
 the expense of the purchaser, and shall be executed by the immediately 
 purchaser immediately after the execution by the vendor of p'""""- 
 tlie assurance of the said premises to the purchaser. All the 
 deeds and muniments of title which but for such mortgage the 
 purchaser would be entitled to have delivered to him upon the 
 completion of the purchase, shall be retained by the vendor as 
 inortgagee, and the transaction shall be treated in all respects 
 as if the purchaser had duly paid the whole of the purchase- 
 money to the vendor upon the completion of the purchase, and 
 the vendor had immediately thereupon repaid the same to tlie 
 purchaser, by way of loan upon such security as aforesaid. 
 In witness, &c. 
 
 No. XVI. 
 
 AGREEMENT for Sale to a Railway Company ; Vun- 
 
 ci-iASE-MONEY to include Compensation for Sever- 
 ance; Company to make specified Accommodation 
 Works. 
 
 ARTICLES OF AGREEMENT made the day of 
 
 FOR SALE TO 
 RAILWAY 
 COMPANY. 
 
 Between A. B. of &c. (hereinafter called "the vendor"), of the 
 one part, and C. D. of &c., and E. F. of &c., two of the 
 
 Directors of the Railway Company, incorporated by the 
 
 Railway Act, 18 — (hereinafter called "the company"), 
 
 for and on behalf of the compan}', of the other part, whereby 
 it is agreed as follows : — 
 
 I. The vendor agrees to sell, and the company agrees to ^^greenieiu 
 purchase, the pieces or parcels of land specified in the 1st purchase, 
 schedule hereto, and the (a) mines and minerals (if any) there- 
 fa) If it is intended that the purchase shall include the mines, they 
 must be expressly mentioned.— See " Railways Clauses Consolidation Act," 
 1845, sect. 17. 
 
 Digitized by Microsoft® 
 
108 
 
 AGREEMENTS. 
 
 RAILWAY 
 COMPANY. 
 
 Accommo- 
 dation 
 works. 
 
 Completion 
 of purchase. 
 
 *^r«1wIy™ under, and the appurtenances thereto, and the inheritance 
 thereof in fee simple, free from incumbrances, for the sum of 
 
 £ , such sum to be in full satisfaction and compensation for 
 
 all damage to be sustained by the vendor by reason of the 
 severing of the said lands from the other lands of the vendor, 
 and for all other damage or injury to be sustained by such other 
 lands by reason of the formation of the intended railway, and 
 the execution of the works connected therewith, and to be in 
 full satisfaction also for all accommodation works, except as 
 provided in Article II. of this agreement. 
 
 II. The company shall, as soon as conveniently can be, make 
 and for ever maintain the several works specified in the 2nd 
 schedule hereto for the accommodation of the adjoining lands 
 of the vendor and the owners and occupiers for the time being 
 of the same. 
 
 III. The purchase shall be completed on the day of 
 
 , at the office of Messrs. , the vendor's solicitors, and 
 
 the company shall from that day be entitled to the possession of 
 the said premises, all outgoings up to that time being cleared 
 by the vendor. If from any cause whatever the purchase shall 
 not be completed on that day, the company shall thenceforth 
 pay to the vendor interest on the said purchase-money after the 
 rate of £5 per cent, per annum. 
 
 IV. If the vendor shall let the company into possession before 
 
 the said day of , the company shall pay interest on 
 
 the said purchase-money after the rate aforesaid, from the day 
 when they shall be so let into possession. 
 
 V. The vendor shall, on or before the day of , 
 
 deliver to the company, or their solicitor, an abstract of title to 
 the said premises, commencing at such period as the company 
 shall require. 
 
 VI. Upon the payment of the purchase-money at the time 
 and place aforesaid, the vendor shall execute to the company a 
 proper assurance of the said premises, such assurance to contain 
 proper covenants and provisions for the making and maintain- 
 ing by the company of the accommodation works specified in the 
 2nd schedule hereto, and a counterpart of such conveyance, duly 
 executed by the company, shall be retained by the vendor. The 
 vendor shall also enter into the usual covenant for the produc- 
 tion of all such deeds not delivered up to the company as the 
 company shall require. 
 
 Company, 
 if let into 
 possession, 
 to pay • 
 interest. 
 
 Delivery of 
 abstract. 
 
 Vendor to 
 execute 
 assurance 
 to the com- 
 pany. 
 
 Digitized by Microsoft® 
 
AGREEMENTS. 109 
 
 6AI.E TO 
 RAILWAY 
 
 VII. (a) The costs and expenses, as well of the vendor as of ™^^ 
 the company, incurred and to be incurred in or about the "'"'*'"■ 
 preparation and execution of this agreement, and the negotia- costs and 
 
 ^ _ ^ ^ _ o ' o expenses 
 
 tion preparatory hereto (including the charges of the vendor's*"^?*"™" 
 
 r r ^ J ^ \ o ^ o by the com- 
 
 surveyor for his valuation of the premises), and in or about the P'^^y- 
 preparation and execution of the conveyance, and the counter- 
 part thereof, and of all other documents relating to the assurance 
 of the said premises, and in or about the preparation of the ab- 
 stract, and the deducing and verifying of the title of the vendor, 
 and all other costs and expenses (if any) which, in the absence 
 of any special agreement, would be payable by the company 
 under the Lands Clauses Consolidation Act, 1845, shall be borne 
 and paid by the Company. 
 In witness, &c. 
 
 The 1st Schedule above eeferked to. 
 
 All those pieces or parcels of land situate in the parish of 
 • in the county of , containing by admeasurement - 
 
 being parts of several pieces or parcels of land, called re- 
 spectively , and numbered , as regards the said parish 
 
 of , in the plans and books of reference of the intended 
 
 railway, deposited with the Clerk of the Peace for the said 
 county, and which pieces or parcels of land, agreed to be sold 
 by the above-written agreement, are delineated and coloured 
 pink in the plan drawn in the margin of the schedule. 
 
 The 2nd Schedule above referred to. 
 {To describe the accommodation works.) 
 
 (a) By the " Lands Clauses Consolidation Act," 1845 (sect. 82), all the 
 costs of the conveyance, and of deducing the title, are thrown upon the 
 company, but it is desirable to insert in agreements an express clause as to 
 costs, as it might otherwise be questioned whether the statutory provision 
 was not excluded by implication. 
 
 Digitized by Microsoft® 
 
110 
 
 AGREEMENTS. 
 
 FOR BALK TO 
 RAILWAY 
 COMPANY. 
 
 [Another 
 
 Form.] 
 
 No. XVII. 
 
 AGREEMENT /or Sale to a Railway Company ; Power 
 to Company to take Possession before Completion 
 upon Depositing Purchase-money. 
 
 ARTICLES OF AGREEMENT made the 
 
 Agreement 
 to sell and 
 purchase. 
 
 Company 
 to pay 
 additional 
 Bum for 
 severance. 
 
 Ari-nmmo- 
 
 cL-ition 
 
 works. 
 
 Company 
 may take 
 poHsession 
 on depo- 
 siting 
 purchase- 
 money. 
 
 day of 
 
 Between A. B. of &c. (hereinafter called " the vendor "), of 
 the one part, and C. D. of &c., and E. F. of &c., two of the 
 
 Directors of the Railway Company, incorporated by the 
 
 Railway Act, 18 — , (hereinafter called " the company "), 
 
 for and on behalf of the company, of the other part, whereby it 
 is agreed as follows : — 
 
 I. The vendor agrees to sell and the company agrees to pur- 
 chase the pieces or parcels of land specified and described in 
 the schedvile hereto, with their appurtenances, at the price of 
 £ (a). 
 
 II. In addition to the said purchase-money of £ , the 
 
 company shall pay to the vendor the sum of £ , as and by 
 
 way of compensation for all damage to be sustained by him by 
 reason of the severing of the said lands from the other lands of 
 the vendor, and for all other damage or injury to be sustained 
 b^' such other lands by reason of the formation of the intended 
 railway and the execution of the works connected therewith. 
 And the, company shall be bound to make and maintain such 
 works for the accommodation of the adjoining lands of the 
 vendor and the owners and occupiers for the time being of the 
 same, as in the absence of any agreement to the contrary they 
 would be bound to make and maintain under the provisions of 
 the Railway Clauses Consolidation Act, 1854 (b). 
 
 III. (For completion of purchase and payment of interest, 
 same as Clause III, of Precedent No. XVI.). 
 
 IV. If the company shall be desirous of taking possession of 
 the lands before the actual completion of the purchase, the 
 company shall be entitled so to do, upon depositing the pur- 
 chase-money in the bank of Messrs. at in the joint 
 
 (ff) As mines are not expressly mentioned, they will remain the property 
 of the vendor under this agreement.— See " Railways Clauses Consolidation 
 Act," sect. 77. 
 
 (t) See as to accommodation worlis, the " Railways Clauses Consolidation 
 Act," sects. £8 to 75. 
 
 Digitized by Microsoft® 
 
AGREEMENTS. Ill 
 
 names of the vendor and , and in sucli case the company ^ba'lwIy™ 
 
 shall pay interest upon the purchase-money from the time of [^'""y^^^' 
 taking possession until the completion of the purchase after the ^°""'' 
 
 rate of per cent, per annum, and the money so deposited 
 
 shall remain in the bank at the risk of the company, who shall 
 be entitled to any interest allowed by the bank thereon. 
 
 v., VI., VII. {As in Precedent No. XVI., supra, pp. 108, 109.) 
 
 In witness, &c. 
 
 TuE Schedule above referked to. 
 
 No. XVIII. 
 
 BtTlLDlNG 
 
 AGREEMENT for Building Grant in fee, in Conside- 
 
 RATION of perpetual Rentcharge. g rant. 
 
 ARTICLES OF AGREEMENT made the day of , Parties. 
 
 Between A. B. of &c. (hereinafter called " the vendor "), of the 
 one part, and C. D. of &c. (hereinafter called " the purchaser"), 
 of the other part, whereby it i§ agreed as follows : — 
 
 I. When and so soon as the architect or surveyor for the JJp^J'JJ," 
 time being of the vendor (hereinafter called " the architect ") Jhat'buiw- 
 shall have given his written certificate that the dwelling-houses Spiete, 
 hereinafter agreed to be built are completed and made fit for exwuto*" 
 habitation to his satisfaction, the vendor shall effectually grant ^'"'*" 
 and convey all that plot, &c. (describing it), with the appur- 
 tenances, to the uses following (that is to say), to the use that ^°Xr may 
 the vendor, his heirs and assigns, or a trustee nominated by him '^tui^eut 
 
 for that purpose, bis heirs and assigns, may from the day 
 
 of receive out of the' said premises a perpetual yearly 
 
 rentcharge of £ per annum to be issuing out of and charged 
 
 upon the same and payable half-yearly on the day of , 
 
 and the day of , without any deduction (except for 
 
 the property or income tax in respect of the said rent), the 
 
 first half-yearly payment to be made on the day of , 
 
 with power of distress in case of default in payment for^jt^powm 
 twenty-one days, and power of entry and perception of rents °f |"s'r<=«S' 
 and profits in case of default in payment for forty days ; and 
 subject to the said rentcharge and to the powers and remedies 
 
 Digitized by Microsoft® 
 
112 AGREEMENTS. 
 
 FOR 
 BUfLDING 
 
 aforesaid for recovery thereof to the use of the purchaser, his 
 
 """"• heirs and assigns for ever. 
 
 tbereto^o""' 11- The purchaser may immediately after the execution of 
 
 £^■66."°°' this agreement enter upon the said plot of ground, and erect 
 
 Purchaser the buildings, and otherwise proceed with the works coni em- 
 may enter t i i i • 
 
 and proceed plated by this agreement. 
 
 with works. '■ •' ° iti-i- t i> t • • 
 
 Purchaaer HI- The purchaser shall, within one month after obtaining 
 plot, °°™ possession of the said plot of ground, fence in the same with 
 p"e'teviSa3 go"*! and substantial stone walls on all the sides thereof ; and 
 
 shall before the day of , 18 — , at his expense, under the 
 
 inspection and to the satisfaction of the architect, build, cover 
 in, and completely finish fit for habitation upon such part of 
 the said plot of ground as is marked out for that purpose in the 
 ply,n hereto annexed, with good freestone and all proper ma- 
 terials of all sorts, and in a good, substantial, and workmanlike 
 manner, two semi-detached villas or dwelling-houses, with 
 proper offices and outbuildings, according to a plan and elevation 
 to be prepared by the architect and under his inspection. 
 feMMto'be 1^- Every division or boundary fence separating the said 
 party-walls. p^Q^. ^f gi-gumj from the adjoining plot or plots, shall (when 
 made) be a party wall, and a proper proportion of the expense 
 thereof shall be paid by the grantees of the adjoining plot or 
 plots, such proportion to be settled by the architect. 
 Purchaser V. The purchaser shall make all proper drains and sewers in 
 drains.' such manner as shall be approved of by the architect. 
 As to flues, VI. No flue or substitute for a flue shall be made in the said 
 dwelling-houses, or in any office or building belonging thereto, 
 but such as shall be carried into the chimney-stacks of the said 
 dwelling-houses. 
 chS'make ^H- ^^ *^® purchaser shall at any time leave the works on 
 buUdtag," ^*'® ^^^^ P^°* °^ ground for one calendar month, or shall not 
 
 mayrrettei- Complete the said dwelling-houses before the said day of 
 
 and seu. ^ i^_^ pursuant to Article 3, then it shall be lawful for the 
 
 vendor or his agent, if he shall think fit so to do, to re-enter 
 upon the said plot of ground and to take possession thereof, and 
 of all buildings and materials whatsoever which maybe thereon, 
 and in whatever state the same may then be either to retain 
 the said plot of ground, buildings, and materials for his own 
 use, or to sell the same or any part thereof by public auction 
 or private contract, and to retain the produce of such sales for 
 his absolute u.se, and to execute all such assurances as may be 
 necessary for carrying into effect any such sale. And upon any 
 
 Digitized by Microsoft® 
 
AGREEMENTS. 113 
 
 FOB 
 BriLDING 
 
 GRANT. 
 
 sale purporting to be made under this clause, the purchaser 
 shall not be bound or concerned to see or inquire whether 
 either of the cases mentioned herein as authorising a sale has 
 happened. 
 
 VIII. When and so soon as the architect shall have given Purchasor 
 
 " to accept 
 
 his written certificate that the dwelling-houses agreed to be s'*"''- 
 built are completed and made fit for habitation to his satisfac- 
 tion, the purchaser will accept a grant or conveyance of the plot 
 of ground and buildings erected thereon upon the terms herein 
 mentioned, and shall duly execute a duplicate or counterpart 
 thereof. 
 
 IX. The grant or conveyance shall contain the following Grant to 
 
 ^ , contain 
 
 covenants by the- purchaser (that is to say) ; to pay the said ^°™™"^5 
 yearly rent and all taxes, rates, and assessments whatsoever ^|°^x™' 
 (except the property or income tax payable in respect of the 
 rent) ; to repair and keep in repair the said dwelling-houses and To repair. 
 buildings, and the drains and sewers of and belonging to the 
 said dwelling-houses respectively, except so far as the same 
 may be repaired under any statutory provisions applicable 
 thereto ; to insure and keep insured the said dwelling-houses f" ™"«- 
 and buildings in a sum equal to two-thirds of the value thereof 
 in a well-established fire insurance office, and to produce the 
 policy or policies and the receipts for such insurance when 
 required, and in case of damage by fire or otherwise, to re- 
 build and reinstate the said dwelling-houses and buildings 
 within one year after any such damage shall have occurred ; 
 to permit the vendor, his heirs and assigns, and his or their 
 agent or surveyor, to enter upon the same plot of ground, 
 dwelling-houses and buildings, at all reasonable hours in the 
 day-time, when considered necessary for the purpose of inspect- 
 ing the state of repair, and to repair within three months after 
 notice all defects in repair then found: not to erect any mes- Not to erect 
 
 *■ other build- 
 
 suage or building upon the said plot of ground other than the ings without 
 villas or dwelling-houses hereby agreed to be built thereon, consent, 
 without the previous consent in writing of the vendor, his heirs 
 or assigns ; that the boundary walls shall be used as party- That bound 
 
 1 -1 T ii 1- • • ary walls 
 
 walls by any person or persons builamg upon the adjoming shaiibe 
 
 plots of ground, he and they paying a proportionate part of 
 
 the expenses of keeping such boundary walls in proper repair, 
 
 and that no wall bounding in the said plots of ground shall ^"i^^j^'it'^ 
 
 be carried higher than six feet from the ground floor of the ^^^j^'i'iJigh. 
 
 said dwelling-houses ; to construct and maintain all necessary 
 
 VOL. I. I 
 
 Digitized by Microsoft® 
 
114 
 
 AdREEMENTS. 
 
 FOR 
 
 BUILDING 
 GRANT. 
 
 To construct 
 and main- 
 tain drains, 
 &c. 
 
 Not to cany 
 on any trade 
 or USB 
 premises 
 except as 
 private 
 dwelling- 
 houses, 
 ■without 
 vendor's 
 consent. 
 
 Grant to 
 contain 
 power of 
 re-entry. 
 
 Also cove- 
 nants for 
 title, and 
 other usual 
 covenants, 
 &c. 
 
 Grant, by 
 whom, and 
 at whose 
 cost to bo 
 prepared. 
 
 Vendor's 
 title ac- 
 cepted. 
 
 and proper drains, sinks, gutters, gratings, and openings ; and 
 not to carry on or permit to be carried on upon the premises 
 any trade or business whatsoever, or to use the same for any 
 other purpose than as private dwelling-houses, without the con- 
 sent in writing of the vendor, his heirs or assigns. 
 
 X. The grant or conveyance shall also contain a power of 
 re-entry by the vendor in case the rentcharge or any part 
 thereof shall be in arrear for one year, or in case of breach by 
 the purchaser, his heii's or assigns, of any of the covenants and 
 provisions contained in the grant, such power to be so framed 
 as not to transgress the rule against perpetuities. 
 
 XI. The grant or conveyance shall also contain the usual 
 covenants for title by the vendor, and all such other covenants, 
 clauses, and provisions as are usual in grants of the like nature 
 or shall be otherwise requisite or proper for carrying into effect 
 this agreement. 
 
 XII. The said grant and conveyance, and the counterpart 
 
 thereof, shall be prepared by Mr. , and shall be at the 
 
 cost of the purchaser, 
 
 XIIL The purchaser has examined the vendor's title, and is 
 satisfied therewith, and he hereby accepts the same. 
 In witness, &c. 
 
 FOR LOAN 
 
 OF MONEY 
 
 ON MOBT- 
 
 OAP.E. 
 
 Agreement 
 to lend. 
 
 No. XIX. 
 AGREEMENT for the Loan of a Sum of Money on 
 
 MOETGAGE {a). 
 
 AETICLES OF AGEEEMENT made the day of 
 
 Between A. B. of {intended mortgagor), of the one part, 
 
 and C. D. of {intended mortgagee), of the other part, 
 
 whereby it is agreed as follows : — 
 
 I. The said C. D. shall lend to the said A. B. the sum of 
 £2000 upon mortgage of the freehold and copyhold messuages, 
 
 {a) When a negotiation has been entered into for the loan of money on 
 mortgage, and it 13 contemplated that the investigation of the title will be 
 attended with expense, it is prudent on the part of the intended mortgagee 
 to have an agreement in writing, as, if the title should turn out defective, or 
 for any other reason the mortgage should not eventually be completed, there 
 may in the absence of an agreement be a difficulty in recovering the expense 
 incurred. 
 
 Digitized by Microsoft® 
 
AGREEMENTS. 115 
 
 lands, and hereditaments situate in the parish of in thp ^°^ "-o*" 
 
 county ot , the short particulars whereof are stated in the ""■ '""'■'■ 
 
 schedule hereto, provided that the said A. B. shall before the " """"^ ■ 
 
 daj of next deduce a good marketable title to the 
 
 said premises, [and provided also that the said premises shall 
 be valued by R. H., of &c., or such other competent land sur- 
 veyor as shall be appointed for that pui-pose by the said C. T)., 
 at the sum of £3000 at least, clear of all outgoings] (a). And 
 the said loan shall be made and the said mortgage shall be com- 
 pleted on the day of next, and time shall be deemed 
 
 of the essence of the contract. 
 
 II. The principal money to be secured by the said mortgage As to pro- 
 shall be made payable at the expiration of six calendar months mortgage 
 from the date thereof, and shall bear interest from the date 
 
 thereof, after the rate of £ per cent, per annum, payable 
 
 half-yearly, and the said mortgage shall contain covenants by 
 
 the mortgagor for payment of the said principal money and 
 interest, and shall also contain such power of sale and other 
 powers and provisions as the mortgagees shall reasonably re- 
 quire for better securing the payment of the principal money 
 and interest. 
 
 III. All costs and expenses of and incidental to this agree- costs to bo 
 
 IT . . T , borne by 
 
 ment, and the negotiation preparatory hereto, and the mortgage mortgagor. 
 to be made in pursuance hereof (including the investigation of 
 the title, and the valuation of the premises) shall be paid by 
 the said A. B., whether the mortgage shall eventually be com- 
 pleted or not, and whether such non-completion shall arise 
 from [the premises not being of sufiScient value, or from] the 
 title proving defective, or from any other cause (not being the 
 wilful default of the said 0. D.). 
 In witness, &c. 
 
 The Schedule above referred to. 
 
 (a) The words within brackets will be omitted where the intended mort- 
 gagee is satisfied as to the value. 
 
 I 2 
 
 Digitized by Microsoft® 
 
116 
 
 AGKEBMENTS. 
 
 No. XX. 
 
 FOB LOAN 
 
 OF MONEY 
 
 ON MORT- 
 
 OAOE. 
 
 Agreement 
 to lend. 
 
 As to pro- 
 visions of 
 mortgage 
 deed. 
 
 AGREEMENT for the Loan of a Sum of Money on 
 Mortgage, with Provisions for continuing the 
 Loan for a Time certain, and for the Appoint- 
 ment of a Receiver. 
 
 ARTICLES OF AGREEMENT made the day of , 
 
 Between A. B. of {intended mortgagor), of the one part, 
 
 and C. D. and E. F. of (intended mortgagees), of the other 
 
 part, whereby it is agreed as follows : — 
 
 I. The said C. D. and E. F. agree to lend to the said A. B. 
 the sum of £7500 upon mortgage of the freehold and copyhold 
 messuages, lands, and hereditaments situate in the parish of 
 
 , in the county of , the short particulars whereof are 
 
 stated in the schedule hereto, provided that the said A. B. shall 
 
 before the day of next deduce a good marketable 
 
 title to the said premises, and provided also that the said pre- 
 mises shall be valued by R. H. of &c. or such other competent 
 land surveyor, as shall be appointed for that purpose by the said 
 C. D. and E. F., at the sum of £10,000 at least, clear of all 
 outgoings. And the said loan shall be made and the said mort- 
 gage shall be completed on the day of next, and time 
 
 shall be deemed of the essence of the contract. 
 
 IL The principal money to be secured by the said mortgage 
 shall be made payable at the expiration of six calendar months 
 from the date thereof, and shall bear interest from the date 
 
 thereof, after the rate of £ per cent, per annum, payable 
 
 half-yearly and to be reduced to £ per cent, per annum, in 
 
 case the same shall be regularly paid within thirty days after 
 the respective half-yearly days of payment thereof, and the 
 said mortgage shall contain covenants by the mortgagor for pay- 
 ment of the said principal money and interest, and shall also 
 contain provisions precluding the mortgagees from calling in the 
 principal money before the expiration of seven years from the 
 date of the mortgage, in case of such regular payment of interest 
 as aforesaid, and also precluding the mortgagor from compellino' 
 the mortgagees to receive the same within the like period of 
 seven years. The said mortgage shall also contain such power 
 of sale and other powers and provisions as the mortgagees shall 
 
 Digitized by Microsoft® 
 
AGREEMENTS. 117 
 
 FOR LOAN 
 OF MONEY 
 ON MORT- 
 GAGE. 
 
 reasonably require for better securing the payment of the 
 principal money and interest. 
 
 III. The mortgagees may, by a deed to be executed simulta- jj^^^ 
 neously with the mortgage, appoint a receiver of the rents and ^rJcdve?"' 
 profits of the said premises, with such powers and duties as the 
 mortgagees may think fit, for the purpose of better securing 
 
 the regular payment of interest, and with such clauses and 
 provisions for removing the receiver, and appointing new 
 receivers from time to time, and otherwise, as are usually in- 
 serted in deeds of the like nature, including a proviso that the 
 receiver shall not act until interest shall have become in arrear 
 for one calendar month ; and the said A. B. shall (if required) 
 join in such receivership deed. 
 
 IV. All costs and expenses of and incidental to this agree- costs to be 
 
 ■*■ '-' borne by 
 
 ment, and the negotiation preparatory hereto, and the mortgage mortgagor, 
 to be made in pursuance hereof (including the investigation of 
 the title, and the valuation of the premises), shall be paid by 
 the said A. B., whether the mortgage shall eventually be com- 
 pleted or not, and whether such non-completion shall arise from 
 the premises not being of sufficient value, or from the title 
 proving defective, or from any other cause (not being the wilful 
 default of the said C. D. and E. F., or either of them). 
 In witness, &c. 
 
 The Schedule above eefeeeed to. 
 
 No. XXI. 
 
 AGREEMENT for Lease of Mills, with a provision goRALEASE. 
 enabling intended Lessee to purchase at a definite 
 sum. 
 
 ARTICLES OF AGREEMENT made the day of • •, 
 
 Between A. B. of &c. (hereinafter called the " lessor"), of the 
 one part, and C. D. of &c. (hereinafter called the "lessee"), of 
 the other part, whereby it is agreed as follows : — 
 
 I. The lessor agrees to gi-ant, and the lessee agrees to accept, ^e^^^l"^^ 
 a lease of all those mills or buildings called or known by the accept lease, 
 name of mills ; and also all that and those the messuage 
 
 Digitized by Microsoft® 
 
118 AGREEMENTS. 
 
 FOB A LEASE, ^j. tenement, orchard, and two closes of land, to the said mills 
 adjoining or belonging, or held or occupied therewith, and the 
 watercourses and appurtenances belonging to, or held, or oc- 
 cupied with the said premises, for the term of years, to be 
 
 computed from the day of at the yearly rent of £ , 
 
 payable half-yearly, on the 25th day of March, and on the 29th 
 day of September, in every year, the first of such payments to 
 be made on the 25th day of March next. 
 Provisions II. The lease shall contain the following covenants on the 
 iained?n' part of the lessco (that is to say), to pay the said yearly rent, 
 and all present and future taxes, rates, assessments, and other 
 outgoings whatsoever in respect of the said premises, to build 
 and finish,, at his own expense, in a firm, substantial, and work- 
 manlike manner, a good and sufficient stone weir, in lieu of the 
 weir which is at present on the said premises, on or before 
 
 the day of , 18 — , and to build and finish, in like 
 
 manner, one half at least of the said stone weir on or before 
 
 the day of next ; to repair, and keep in repair, during 
 
 the whole of the said term, as well the said mills, buildings, 
 and premises to be comprised in the said lease, as also the said 
 stone weir so to be built as aforesaid, and the same respectively, 
 "together with all fixtures in or about the said premises, in 
 good and sufficient repair, peaceably and quietly to surrender 
 and yield up at the end of the said term ; to insure the said 
 mills and buildings against loss or damage by fire, in the joint 
 names of the lessor and lessee, in some public ofiice of insurance 
 
 in London or Westminister, in the sum of £ at least, and to 
 
 keep the same so insured during the continuance of the said 
 term, and at all times when required to produce the policy or 
 policies of insurance, and the receipts for the premiums in 
 respect of the same to the lessor ; and also not to assign, under- 
 . let, or part with the possession of the said premises, or any of 
 them, during the said term, without the consent in writing of 
 the lessor. And the lease shall contain all other covenants (if 
 any) usually inserted in leases of the like nature, and also a 
 proviso or condition authorising the re-entry of the lessor, his 
 heirs or assigns, upon the said premises, on nonpayment of the 
 said. yearly-rent, or any part thereof, for the space of twenty-one 
 days, or in case the lessee shall become bankrupt, or on breach 
 of all or any of the covenants to be contained in the lease 
 on the part of the lessee. 
 
 III. The lease shall also contain a covenant by the lessor, 
 
 Digitized by Microsoft® 
 
 Lease to 
 
AGREEMENTS. 119 
 
 that in case the lessee shall, at any time before the determina- "Q" please. 
 tion of the said term of years, siomify to the lessor or his- aerent "^onta'i 
 
 . ^ > <^ J a power for 
 
 the desire of the lessee to purchase the reversion in fee simple ^^^^f ^ 
 of the said premises, the lessor will accept for the purchase the l^'-^ 
 
 sum of £ , and will, upon payment of that sum, execute to 
 
 the person or persons so desiring to purchase as aforesaid a 
 proper assurance of the said premises, and the inheritance 
 thereof in fee simple, such assurance to be prepared by and at 
 the expense of the purchaser : Provided always that in case 
 of such purchase as aforesaid the vendor's title shall commence 
 with an indenture dated, &c., and the purchaser shall not 
 require the production of any earlier title to the said premises, 
 and the production and inspection of all deeds and documents 
 not in the vendor's possession, and all attested or other copies or 
 extracts of or from any deeds or documents, and all certificates, 
 declarations, and other evidence whatsoever which may be 
 required by the purchaser, whether for the verification of the 
 abstract or for any other purpose, shall be at the expense of the 
 purchaser. 
 
 IV. The lessee shall pay the costs and expenses of and inci- p^y^eoats 
 dental to the preparation and execution of this agreement, 
 
 and the lease to be granted in pursuance hereof, and the 
 counterpart of such lease. 
 
 V. Until such lease and counterpart shall be executed, the 
 rent, covenants, and conditions hereby agi-eed to be reserved and 
 contained by and in the said lease, shall be paid and observed 
 as if such lease had actually been executed. 
 
 VI. The lessee shall not inquire into the lessor's title, nor 
 make any objection or requisition in respect thereof. 
 
 In witness, &c. 
 
 BUILDING 
 LEASE. 
 
 No. XXII. 
 
 AGREEMENT for a Building Lease for Ninety-nine ^^^^ 
 Years. 
 
 ARTICLES OF AGREEMENT made the day of , 
 
 Between A. B., of &c. (hereinafter called the "lessor"), of 
 the one part, and C. D. of &c. (hereinafter called " the lessee "), 
 of the other part, whereby it is agreed as follows : — 
 
 Digitized by Microsoft® 
 
120 
 
 AGREEMENTS. 
 
 FOK 
 
 BUILDING 
 
 LEASE. 
 
 Agreement 
 to grant 
 lease. 
 
 Provisions 
 to be in- 
 serted in 
 lease. 
 
 I. When and so soon as the messuage or dwelling-house 
 _ mentioned in the third article of this agreement shall have 
 
 been erected and completed by the lessee, the lessor will, by a 
 good and sufficient lease, demise unto the lessee all that piece 
 or parcel of land (describe it), and the messuage or dwelling- 
 house and buildings to be erected thereon, with their appur- 
 tenances, for the term of ninety-nine years, computed from 
 
 the day of last, at the yearly rent of a peppercorn, if 
 
 demanded, for the first year of the said term, and at the yearly 
 
 rent of £ during the residue thereof, payable quarterly on 
 
 the day of , the day of , the day 
 
 of — : — , and the day of , free from all taxes, rates, 
 
 charges, and assessments whatsoever (except the landlord's pro- 
 perty tax, if any) ; the first of such quarterly payments to be 
 made on the day of . 
 
 II. The lease shall contain covenants by the lessee to pay the 
 
 said rent of £ at the times and in manner hereinbefore 
 
 appointed : And also all present and future taxes, rates, charges, 
 and assessments, and all other outgoings whatsoever in respect 
 of the premises (except the landlord's property-tax, if any) : 
 And also to insure and keep insured the said messuage or 
 dwelling-house and buildings to the full value thereof in the 
 joint names of the lessee and lessor in one of the public fire 
 insurance offices in London or Westminster, and at all times 
 when required to produce the policy or policies of insurance, 
 and the receipts for the premiums in respect of the same, to the 
 lessor, or his surveyor or agent, and so often as such messuage 
 and buildings, or any part thereof, shall be destroyed or damaged 
 by fire, forthwith to rebuild or reinstate the same under the 
 direction of the lessor or his surveyor : And also, at the cost of 
 the lessee, sufficiently and effectually to repair, and keep in 
 repair, the said premises, and the windows, sewers, pavements, 
 fixtures, and other conveniences of whatever kind which shall 
 belong or appertain thereto : And also to deliver and yield up 
 the said premises at the end or other sooner determination of 
 the said term in good and substantial repair, state, and con- 
 dition, in all respects : And also to pay and allow a reasonable 
 share and proportion for and towards the costs and expenses of 
 making, supporting, and repairing all pavements, fences, and 
 party- walls, sewers, and drains belonging to the same premises, 
 or any part thereof, in common with other messuages or tene- 
 ments, lands or properties, and so that such proportion shall be 
 
 Digitized by Microsoft® 
 
AGREEMENTS. 12 1 
 
 EUILDINO 
 LEASE. 
 
 ascertained by the surveyor of the lessor : And the said lease •'<"' 
 shall contain a provision enabling the lessor, and any person or 
 persons to be deputed by him, with or without workmen, or 
 others, twice or oftener in every year during the said term, to 
 enter upon the said premises to view the condition thereof, and 
 once in every seven years to take a schedule, or schedules, of 
 the fixtures and things to be yielded up at the determination 
 of the said term as aforesaid : And the said lease shall also 
 contain a condition authorising the re-entry of the lessor upon 
 the said premises on non-payment of the said yearly rent, or 
 any part thereof, for the space of twenty-one days, or on breach 
 of all or any of the covenants to be contained in the said lease 
 on the part of the lessee : [but subject to a proviso precluding 
 the lessor from exercising the power of re-entry in respect of 
 any breach of the covenant to repair, unless and until he shall 
 have given to the lessee, or left for him at or upon the demised 
 premises, a notice in writing specifying the repairs which ought 
 to be done, and the lessee shall neglect to do such repairs for 
 the space of six calendar months after the giving or leaving 
 of such notice (a)]. And the said lease shall also contain all 
 other covenants and conditions (if any) usually inserted in leases 
 of the like nature. 
 
 III. The lessee will, before the day of , 18 — , at his Lessee to 
 
 own expense, and at an outlay oi £ at the least, in a good, suages, &c. 
 
 substantial, and workmanlike manner, with the best materials, 
 
 and to the satisfaction of the surveyor of the lessor, erect, build, 
 and completely finish, fit for habitation and use, upon the front 
 
 of the said piece of land towards the road, at the distance 
 
 of feet from the boundary line of such road, coloured red in 
 
 the said plan, a good and substantial brick messuage or dwelling- 
 house of the rate of building, character, and description in eveiy 
 respect specified in the specification hereto annexed by way of 
 schedule, and all such outbuildings, conveniences, and sewers as 
 shall be necessary or proper to be used with such messuage or 
 dwelling-house for rendering the same commodious. 
 
 IV. If the lessee shall not complete the said messuage or Power to 
 
 less 01* tpO 
 
 dwelling-house before the said day of , 18 — , pursuant enter if 
 
 to article 3, or shall not proceed with the works with proper to complete 
 diligence, then it shall be lawful for the lessor or his agent, if 
 
 (a) A proviso limiting the condition of re-entry as above, though it 
 cannot be said to be a common form, seems fair and reasonable. See 
 Hodgkinson v. Crowe, L. E. 10 Ch. 622. 
 
 Digitized by Microsoft® 
 
122 
 
 AGREEMENTS. 
 
 FOR 
 
 BUILDING 
 
 LEASE. 
 
 Lessee will 
 accept lease, 
 execute 
 couiiterpart, 
 and pay 
 costs of 
 same. 
 
 he thinks fit, to re-enter on the said piece of ground and take 
 possession thereof and of all the buildings and materials which 
 may be thereon, and to retain the same as his own absolute 
 property. 
 
 V. The lessee will accept a lease of the said premises for the 
 terra, at the rent, and subject to the covenants and conditions 
 hereinbefore expressed, and will execute a counterpart thereof, 
 and pay the costs and expenses of and incidental to the pre- 
 paration and execution of this agreement and the said lease and 
 the counterpart thereof, and the lessee shall not inquire into the 
 lessor's title. 
 
 In witness, &c. 
 
 No. XXIII. 
 
 FOR 
 
 EITILDING 
 
 LEASE. 
 
 [Another 
 
 Form.] 
 
 AGREEMENT for a Lease for Ninett-nine years of a 
 piece of Land on which several Dwelling Houses 
 are agreed to be built by the Lessee. Special pro- 
 visions, enabling him to have separate Leases 0/ the 
 SEVERAL Houses and to apportion the Eent. 
 
 MEMORANDUM OF AGREEMENT, made the - 
 
 Agreement 
 to grant 
 lease or 
 
 - day of 
 
 , Between A. B. of &c. (hereinafter called " the lessor "), 
 
 of the one part, and C. D. of &c. (hereinafter called " the 
 lessee ") of the other part, whereby it is agreed as follows : — 
 
 1. When and so soon as the six several messuages or dwelling- 
 houses, erections, and buildings hereinafter agreed to be erected 
 and built, shall be completely finished and made fit for habita- 
 tion, occupation, and use, to the satisfaction of the architect or 
 surveyor for the time being of the lessor, and such architect or 
 surveyor shall have granted his certificate in writing to that 
 effect, the lessor shall and will by one or more good and suffi- 
 cient lease or leases demise to the lessee All that piece or 
 parcel of land {describing it), and the messuages and build- 
 ings to be erected thereon, with their appurtenances, for the 
 
 term of ninety-nine years, computed from the day of 
 
 at the yearly rent of one peppercorn for the first year of the 
 
 said term, the rent of £ for the second year thereof, and the 
 
 rent of £ for the third year and remainder of the said term, 
 
 such rents to be payable quarterly on the 2oth day of March, 
 
 Digitized by Microsoft® 
 
AGRKEMENTS. 123 
 
 the 24th day of June, the 29th day of September, and the 25th ^ui^dIso 
 day of December in every year, free from all taxes, rates, i^^;^- 
 charges and assessments whatsoever (the landlord's property- ^'^■^ 
 tax excepted), the first of such quarterly payments to be made 
 
 on the day of . 
 
 II. Every such lease shall contain covenants on the part of Provisions 
 the lessee to pay the rent to be thereby reserved, and the land- sertcd in 
 tax, sewers rate, tithe rent-charge, and all other taxes and 
 assessments, parliamentary and parochial, or otherwise payable 
 for, or in respect of, the premises, and to repair, maintain, and 
 keep the same and all party and other walls in good and 
 sufficient repair, and to paint the external wood, cement, and 
 iron-work with two coats of good oil colour once in every four 
 years, and the inside wood, iron, and other work before painted 
 or usually painted with two coats thereof, once in every seven 
 years ; and also to insure and keep insured against fire, in the 
 
 joint names of the lessor and lessee, in the office, or some 
 
 other office in London or Westminster, the buildings to be 
 included in any such lease, and all future erections on the 
 ground which may be thereby demised in such a sum at the 
 least as shall be equal to the full value of such buildings, and to 
 produce to the lessor the policy of such insurance and the 
 receipts for the premiums whenever the same shall be demanded ; 
 and that any money receivable from such insurance office as 
 aforesaid, in the event of fire, shall be forthwith expended by 
 the lessee in making good the damage, and if the amount so 
 receivable as aforesaid shall be insufficient to reinstate the 
 premises, then to make up the deficiency out of his own monies ; 
 and also to leave the premises in good and sufficient repair with 
 all such fixtures as are usually called landlord's fixtures in good 
 order and condition at the end of the said term, and to permit 
 the lessor and his agents and assistants at all seasonable times 
 in the daytime to enter and view the state of the premises, and 
 to repair according to notice within three months from any such 
 notice, yet so that such notice in writing shall be given upon 
 the premises ; and to restrain and prevent the lessee from 
 carrying on any trade or business on the said premises, or any 
 part thereof, without the written licence or consent of the lessor 
 first had and obtained, and from permitting any encroachment 
 upon the premises, or any right of light or other easement to be 
 acquired over or upon the said premises by or in respect of any 
 premises adjoining or near thereto ; and also that the lessee 
 
 Digitized by Microsoft® 
 
124 AGREEMENTS. 
 
 FOR 
 BUILDING 
 
 will, within twenty-one days after every assignment or under- 
 
 lAiwiiSr' lease of the said premises, or any part thereof, shall have been 
 
 ^"^■^ made, give notice in writing thereof to the lessor or his agent, 
 
 stating the short effect and particulars of such assignment or 
 
 underlease. And every such lease shall contain a condition or 
 
 proviso for re-entry by the lessor upon non-payment of rent for 
 
 twenty-one days, or breach of any of the said covenants [but 
 
 subject to a proviso precluding the lessor from availing himself 
 
 of such condition of re-entry in respect of any breach of the 
 
 covenant to repair and paint, unless and until, &c. (lessor shall 
 
 have given notice, dc., as in last Precedent, supra, p. 121)] (b) ; 
 
 and shall also contain all other covenants and provisions (if any) 
 
 usually inserted in leases of the like nature. 
 
 Lessee may HI. The lessee shall at his option have either one lease of 
 
 have either . . . ^ 
 
 one lease or all the Said six dwelling-houses to be erected as aforesaid, or 
 
 separate ° ' 
 
 leases. separate leases of any one or more thereof, and in case of 
 separate leases the said rent shall be rateably apportioned 
 between the premises to be comprised in each lease, the amount 
 of such apportioned rents respectively to be fixed and ascer- 
 tained by the architect or surveyor for the time being of 
 the lessor. 
 
 Lessee to IV. The lessce will on or before the day of , 18 — , 
 
 erect _ . 
 
 houses. erect, cover in, and complete, fit for habitation and use, upon 
 the piece of ground hereby agreed to be demised, in a good, 
 substantial, and workmanlike manner, with fit and proper 
 materials, to be approved of by the architect or surveyor for the 
 time being of the lessor, and under his direction and inspection, 
 and according to a plan, elevation, and detail drawings thereof, 
 which have been signed by the parties hereto, and a copy 
 whereof has been deposited with the said architect or surveyor, 
 six brick-built and slated dwelling-houses, with the areas, fore- 
 courts, iron railings, gates, and garden walls, and _ other appur- 
 tenances thereto belonging. 
 
 V. {Power to lessor to re-enter, supra, p. 121.) 
 
 Lessee to VI. The lessee will accept a lease or leases of the said 
 
 accept lease ■ j- ii i ■, . ""■»-.» 
 
 or leases, premises tor the term, at the rent, and subject to the covenants 
 and conditions hereinbefore expressed, and will execute a 
 counterpart thereof, and will pay the costs and expenses of and 
 incidental to the preparation and execution of this agreement, 
 and of the said lease or leases and the counterparts thereof 
 
 (6) See p. 121, note. 
 
 Digitized by Microsoft® 
 
AGREEMENTS. 125 
 
 respectively, and the lessee shall not inquire into the lessor's 
 title. 
 
 FOR 
 
 BUILDING 
 
 LEASE. 
 
 T - [Another 
 
 In witness, &c. fo^.] 
 
 No. XXIV. 
 AGREEMENT for the Lease of a Dwelling House for "^ ■''■*™ 
 
 _, _^ " •' FOB THREE 
 
 Three Years. tears. 
 
 MEMORANDUM OF AGREEMENT, made the day of 
 
 , Between A. B. of &c. (lessor), of the one part, and 
 
 C. D. of &c. (lessee), of the other part, whereby the said ^ff™™*^ 
 A. B. agrees to let to the said 0. D., and the said C. D. agrees ^^^"^ s'^^''^- 
 to take, the messuage or dwelling-house, with the garden and 
 other appurtenances thereunto belonging, situate and being 
 
 No. , in street, in the parish of , in the county 
 
 of , from this day of , 18 — , for the term of three 
 
 years, at the yearly rent of £ , payable quarterly on the 
 
 day of , the day of , the day of , 
 
 and the day of , the first of such payments to be made 
 
 on the • day of next. And the said C. D. agrees Agreement 
 
 that during the said term he will duly and punctually paypayrenT,'" 
 the said rent, and also all rates, taxes, and other assessments Una taSs. 
 in respect of the said premises (except the land-tax and land- 
 lord's property tax, if any). 
 In witness, &c. 
 
 No. XXV. 
 AGREEMENT to Let Furnished Apartments. to let 
 
 FURNISHED 
 
 MEMORANDUM OF AGREEMENT, made the day of ^e^s! 
 
 , Between A. B. of &c. (lessor), of the one part, and 0. D. of Agreement 
 
 &c. (lessee), of the other part, whereby the said A. B. agrees IS™*shed 
 to let to the said 0. D., and the said C. D. agrees to take, ^S"™'^ 
 all those three rooms on the first floor of the messuage or ™™ ^ 
 dwelling-house situate, &c., and also all and singular the 
 furniture, articles, and effects now being in or upon the said 
 rooms respectively, and also the other articles and things com- 
 prised in the schedule hereunder written, for the term of six 
 
 Digitized by Microsoft® 
 
126 
 
 AGREEMENTS. 
 
 TO LET 
 rURNISHED 
 
 APART- TO 
 
 MENTS. 
 
 calendar months, to be computed from the day of , 
 
 at the rent of £ . And in consideration of the 
 
 , said premises, the said C. D. agrees at the expiration of the said 
 
 Agreement ir ' o i. ^ 
 
 by lessee to term to deliver up the said premises, and furniture, articles, 
 
 deliver up r Jr ' 
 
 of term "and ^^"^ effects, hereby agreed to be let, in as good a condition as 
 whaTmaybe *^® ^^"^® ^°^ ^^^ i°' reasonable wear and tear and damage by 
 injured. accidental fire excepted. 
 In witness, &c. 
 
 The Schedule above referred to. 
 
 No. XXVI 
 
 TO SUBMIT 
 TO ARBITRA- 
 TION. 
 
 AGREEMENT to Submit to Arbitration. 
 
 Recite 
 agreement 
 to refer. 
 
 Each party 
 covenants 
 to refer 
 certain 
 questions. 
 
 Eeference. 
 
 THIS INDENTURE, made the day of , Between 
 
 A. B. of &c., of the one part, and C. D. of &c., of the other part. 
 {Recite lease by A. B. to C. D. for twenty-one years— also com- 
 mencement of action by A. B. for recovery of possession of the 
 premises, on the ground of a breach of covenant.) And 
 whereas the parties hereto are desirous to put an end to the 
 said action, and for that purpose have respectively agreed to 
 refer the subject thereof to arbitration in manner hereinafter 
 mentioned. NOW THIS INDENTURE WITNESSETH 
 that in pursuance of the said agreement, each of the parties 
 hereto, so far as the covenants herein contained are to be per- 
 formed by him, doth hereby for himself, his heirs, executors, 
 and administrators, agree with the other of them, his executors 
 and administrators, in manner following (that is to say) : 
 
 I. It shall be, and is hereby, referred to E. F. of &c., and L. M. 
 of &c., or in case of their disagreement to their umpire, to 
 award and determine : 
 
 1. Whether any of the covenants contained in the said 
 
 lease have been broken, arid if so, in what respect. 
 
 2. If there has been a breach of covenant, whether the 
 
 terra granted by the lease has become forfeited, and 
 the said C. D. ought to quit and deliver up possession 
 of the said premises to the said A. B., and within 
 
 Digitized by Microsoft® 
 
AGREEMENTS. 127 
 
 TO BUBMIT 
 TO ARBITRA- 
 TION. 
 
 what time, and whether the said C. D. ought to pay 
 any, and what sura or sums of money to the said A. B. 
 by way of damages for or in respect of such breach or 
 breaches of covenant. 
 
 3. If there has been a breach of covenant, and the said 
 
 C. D. shall nevertheless be permitted to remain in 
 possession of the premises, then what acts, matters, 
 and things (if any) ought to be done and performed 
 by him in order to remedy the breach or breaches of 
 covenant and make good all damage or injury occa- 
 sioned thereby. 
 
 4. By and to whom the costs of the said action and of this 
 
 reference ought to be paid, and whether the same 
 respectively ought to be paid as between attorney and 
 client, or as between party and party. 
 
 5. All other matters in controversy which may arise out 
 
 of the said action, or this reference, or in any wise 
 incidental thereto. 
 
 II. The said E. F. and L. M. shall, within fourteen days from netemH 
 
 to apiioint 
 
 the date of these presents, appoint an umpire. umpire. 
 
 III. The said arbitration shall be conducted in all respects Arbitration, 
 
 . ... liow to be 
 
 according to the provisions as to arbitration contained in the conducted. 
 Common Law Procedure Act, 1854, and shall have all the 
 incidents and consequences of an arbitration under that Act. 
 
 IV. The parties hereto will abide by and observe the said Pirti"? i" 
 
 r *t abide by 
 
 award in all respects. """^'i- 
 
 In witness, &c. 
 
 No. XXVII. 
 
 AGREEMENT by two Tenants in Common /or Partition. ^^^^^^^ 
 ARTICLES OF AGREEMENT made the day of - 
 
 PAilTITION. 
 
 Between A. B. of &c. {one tenant in common), of the one part, 
 and C. D. of &c. {other tenant in common), of the other part. 
 Whereas the said parties hereto being seised of the heredita- Becitaiof 
 ments comprised in the two several schedules hereto as tenants ''^ 
 in common in fee simple, have agreed to make partition thereof 
 
 Digitized by Microsoft® 
 
128 
 
 AGREEMENTS. 
 
 FOR 
 PARTITION. 
 
 Agreement 
 for paiti- 
 tioii. 
 
 upon the terms herelaafter expressed. Now it is hereby 
 AGREED between the said parties hereto as follows : 
 
 I. The hereditaments comprised in the 1st schedule hereto 
 
 shall, as from the day of next, be the property in 
 
 severalty of the said A. B., and the hereditaments comprised in 
 the 2nd schedule hereto shall, as from the same day, be the 
 property in severalty of the said C. D. 
 Money to be H. INASMUCH as the hereditaments comprised in the 1st 
 
 paid by one ^ 
 
 forMMiaut"^ schedule hereto are of greater value than the hereditaments 
 ofpai-tition. comprised in the 2nd schedule hereto, the said A. B. shall pay 
 to the said C D. such a sum of money, by way of equality of 
 partition, as shall be determined and awarded by E. F. of &c., 
 and G. H. of &c., or in case of their disagreement by their 
 umpire, to whom the same is referred accordingly, with interest 
 for the said sum, after the rate of £4 per cent, per annum, com- 
 puted from the ■ day of next, and the said reference 
 
 shall be in conformity in all respects to the provisions as to ar- 
 bitration contained in the Common Law Procedure Act, 1854. 
 
 III. When and so soon as the sum to be paid for equality of 
 partition shall be ascertained and paid, with interest thereon as 
 aforesaid, the parties hereto shall respectively execute and do 
 such assurance or assurances and things as shall be necessary for 
 effecting the partition hereby agreed upon. 
 
 IV. The deeds and muniments of title which relate as well 
 to the hereditaments comprised in the 1st schedule hereto, as 
 also to the hereditaments comprised in the 2nd schedule hereto 
 shall be retained by the said A. B., and he shall enter into the 
 usual covenant with the said C. D. for the production of the 
 same. 
 
 Costs. V. All the costs and expenses of, and incidental to this 
 
 agreement, and the partition to be made in pursuance hereof, 
 shall be paid by the said A. B. and C. D. in equal shares. 
 In witness, &c. 
 
 Parties to 
 execute 
 mutual 
 assurances. 
 
 As to title 
 deeds. 
 
 The First Schedule above referred to. 
 The Second Schedule above referred to. 
 
 Digitized by Microsoft® 
 
AGREEMENTS. 129 
 
 No. XXVIII. 
 
 BUILDING CONTRACT. 
 ARTICLES OF AGREEMENT made the day of , ^^■'■■>"«' 
 
 '^ ' CONTRACT. 
 
 Between A. B. of &c., and C. D. of &c., builders and copartners 
 
 (hereinafter called " the builders "), of the first part, and E. F. 
 of &c., G. H. of &c., and I. K. of &c., carrying on the business of 
 bankers, in copartnership under the name or style of E. F. and 
 Company, of the second part. Whereas the said parties hereto Recite that 
 of the second part beinsr desirous that a banking-house, with second part 
 
 iifvini 1 ••/• 1 are desirous 
 
 suitable oinces, shall be erected on a certain piece oi ground of having a 
 
 11. 1 • • <~, ■ T • !• banking- 
 belonging to them, situate in btreet, in the city ot > """^ 
 
 have appointed L. M. of &c., to be the architect for that purpose. Appoint- 
 
 And whereas plans, drawings, and elevations, of the said Schitect. 
 
 intended banking-house and offices, and a specification of the '^^^^^> 
 
 works to be done, and of the materials to be provided in and for p^™/"'"' 
 
 the erection of the same, have been prepared by the said L. M., 
 
 and approved of by the parties hereto of the second part. And That 
 
 L L <J L *■ builders are 
 
 WHEREAS the builders are willing to contract for the execution willing to 
 
 ° contract. 
 
 of the said works for the sum of £ . And whereas the That plans, 
 
 said plans, drawings, elevations, and specification have been been st^cd 
 signed by the builders and by the said L. M., and are annexed aJd arew" 
 by way of schedule to this agreement, and duplicates of the 
 same respectively are intended to be deposited with the clerk of 
 the works to be employed as hereinafter mentioned, for the use 
 and inspection of the builders, who are to have access thereto at 
 all times for the purpose of carrying on the said works. And Agreement 
 WHEREAS it is intended that the due performance of this con- tract shaii 
 tract shall be secured by the joint and several bond of the by bond, 
 builders, and of N. 0. of &c., and P. Q. of &c., as sureties for the 
 builders : 
 
 Now IT IS HEREBY AGREED between the parties hereto as 
 follows : 
 
 I The builders will well and substantially erect and complete Builders to 
 
 " erect banK- 
 
 the said banking-house and offices in a good, lasting, and work- tag-hov^e ^^ 
 manlike manner, according to the instructions and directions speeifl«i- 
 and in the manner expressed or contained in the said specifi- 
 cation, plans, drawings, and elevations ; and will provide, 
 execute, perform, and fully complete all and singular the 
 
 VOL. 
 
 Digitized by Microsoft® 
 
130 AGREEMENTS. 
 
 c^o^i^KiCT materials and works respectively specified, required, and set forth 
 
 in the said specification, plans, drawings, and elevations, or to be 
 
 implied therefrom, or to be incidental thereto, or to be hereafter 
 specified or required in such explanatory instructions and 
 drawings (being in conformity with the said original specifi- 
 cation, plans, drawings, and elevations), and also in such addi- 
 tional instructions and drawings (not being so in conformity as 
 aforesaid) as shall, from time to time, during the progress of the 
 said works hereby contracted for, be provided by the said L. M., 
 or other the architect for the time being of the parties hereto 
 of the second part ; and will complete all the said works with 
 the materials of the best quality, and in the most substantial 
 and workmanlike manner, and to the satisfaction of the said 
 L. M., or such other architect as aforesaid, without reference to 
 any other person ; and will, in all respects, comply with and 
 abide by the true intent and meaning of the said specification, 
 plans, drawings, and elevations, and of this agreement. 
 To cover in jj The builders wiU cover in the roof of the said banking- 
 
 and com- ^ ^ " 
 
 tein^dater'' ^^^^^ ^^ '^^ before the day of , and will finish and 
 
 to payT''^° complete the said banking-house and offices on or before the 
 
 penalty. day of ; and if the said banking-house and ofiices 
 
 shall not be completed on or before the said day of 
 
 the builders shall forfeit, out of the monies which shall be due 
 to them by virtue of this agreement, the sum of £10 for every 
 
 day which shall elapse after the day of , until the said 
 
 banking-house and ofiices shall be completed. Provided 
 
 ALWAYS, that in case the builders shall be prevented by any 
 
 strike among the workmen from complying with this article, 
 
 the architect may extend the time for the completion of the 
 
 works for such reasonable period as he may think fit. 
 
 ifbuUders III. If the buUdcrs shall become bankrupts, or shall from 
 
 taSupt, any cause whatever be prevented from or delayed in proceeding 
 
 tect may, with and completing the said works according to the terms and 
 
 &ft6r notiC6 j. <j o 
 
 employ ' conditions of this present contract, or shall not proceed in the 
 complete said works to the satisfaction of the said L.~M., or such other 
 architect as aforesaid, it shall be lawful for the said L. M., or 
 such other architect as aforesaid, to leave or cause to be left at 
 the usual place of abode or business of the said builders, or any 
 of them, or of their sureties or either of them, a notice or notices 
 in writing for the said builders to proceed regularly and 
 effectually with the said works ; and in case the said builders 
 shall, for seven days after such notice is so left as aforesaid, 
 
 Digitized by Microsoft® 
 
AGREEMENTS. 131 
 
 make default in regularly and effectually proceeding with the b^ildino 
 said works, it shall be lawful for the said L. M., or such other °°^^^"'' 
 architect as aforesaid, to employ any other workman, either by 
 contract or measure and value, or otherwise to proceed with the 
 said works and complete the same, and pay to the said workman 
 out of the monies which shall be then due to the said builders 
 on account of this contract, the amount of their charges for the 
 same, and for all necessary materials to be found and provided 
 for such completion ; and the monies which previously to such 
 default shall have been paid to the said builders on account or 
 in respect of any work or materials then already done, executed, 
 or provided by them, shall be considered as the full payment 
 and satisfaction, not only for the said work and materials in 
 respect of which such payments shall have been made, but also 
 for any other work and materials which the said builders shall 
 then have done, executed, or provided, although no such pay- 
 ment shall have been previously made in respect thereof ; and 
 all the balance and monies whatsoever which then or afterwards 
 would have become payable or due to the said builders under 
 this present contract, if this present clause had not been in- 
 serted, together with all the materials then delivered for the 
 purpose of the works hereby contracted for and then being uponor 
 about the site of the said banking-house and offices, shall, upon 
 such default as aforesaid, become the absolute property of the 
 said parties hereto of the second part ; and if the said balance, 
 monies, and materials so forfeited and to become the property 
 of the parties hereto of the second part as aforesaid be insuffi- 
 cient to cover such charges for workmen and materials as are 
 last hereinbefore directed to be paid thereout, then and in such 
 case the said builders shall and will make good and pay such 
 deficiency upon demand. 
 
 IV. If the said L. M., or such other architect as aforesaid, Architect 
 
 ' _ ' may remove 
 
 - shall at any time or times consider any of the workmen em- workmen 
 
 J J for mcom- 
 
 ployed by the said builders on the works as in anywise incom- Jthl?"^ "' 
 petent, or as acting improperly, it shall in every such case be '^'"^'■ 
 lawful for the said L. M., or such other architect as aforesaid, to 
 discharge such workman or workmen, and the said builders shall 
 without delay put another workman or other workmen in his 
 or their place. 
 
 V. The said L. M., or such other architect as aforesaid, may ^poS"' *° 
 appoint a suitable person to be clerk of the works, to superin- ^otL"^*""* 
 tend the works hereby contracted for, and to be constantly on 
 
 E 2 
 
 Digitized by Microsoft® 
 
132 
 
 AGREEMENTS. 
 
 BT7ILDING 
 CONTRACT, 
 
 Architect or 
 clerk of the 
 ■works may 
 remove 
 ■unsound 
 materials. 
 
 Builders to 
 take down 
 unsound 
 work and 
 rebuild. 
 
 Power to 
 architect, or 
 parties of 
 the second 
 part, to 
 direct addi- 
 tions, or 
 alterations. 
 
 the premises during their progress ; and the clerk shall be paid 
 by the parties hereto of the second part. 
 
 VI. In case any of the materials to be brought on the said 
 premises by the said builders shall be considered by the said 
 L. M., or such other architect as aforesaid, or the said clerk of 
 the works, unsound or in any respect improper, the said builders 
 will, upon notice in writing to them or their foreman on the 
 premises, given by the said L. M., or such other architect as 
 aforesaid, or by the said clerk of the works, cause the same to 
 be removed from off the ground, and proceed with the said 
 works with materials corresponding with the said specification 
 and instructions, and approved of by the said L. M., or such 
 other architect as aforesaid ; and in default of such removal 
 within three days after such last-mentioned notice, it shall be 
 lawful for the said L. M., or such other architect as aforesaid, to 
 cause the same to be removed to such place or places as he may 
 think proper, without being in anywise answerable or account- 
 able for any loss or damage that shall happen to any materials 
 so removed as aforesaid, and to cause proper materials to be 
 substituted for the same, and to pay all expenses attending such 
 removal and sub.stitution out of the monies which shall become 
 due to the said builders by virtue of this contract. 
 
 VII. In case the said L. M., or such other architect as afore- 
 said, shall consider any part of the said works to be executed in 
 an unsound and improper manner, the said builders will cause 
 the same immediately to be taken down and executed in a 
 proper manner, and to the satisfaction of the said L. M., or such 
 other architect as aforesaid, without any extra charge or expense 
 whatever. 
 
 VIII. If the said L. M., or such other architect as aforesaid, 
 or the parties hereto of the second part, shall think proper at 
 any time or times to make any alterations or additions to or 
 omissions in the works hereby contracted for, he or they shall 
 give to the said builders written instructions for such alterations, 
 additions, or omissions, signed by the said .L. M., or such other 
 architect as aforesaid ; but the said builders shall not be con- 
 sidered to have authority for any alteration, addition, or omission, 
 or to make any claim for the value or otherwise in respect 
 thereof, without such written instructions so signed as aforesaid ; 
 and should any alteration or addition be charged for or brought 
 into any day account, the said day account shall be delivered at 
 the office of the said L. M., or such other architect as aforesaid, 
 
 Digitized by Microsoft® 
 
AGREEMENTS. 133 
 
 on the Tuesday morning next ensuing after such day work may b"ildino 
 
 •^ O O J J CONTRACT. 
 
 have been done, signed by the clerk of the works, and no account • 
 
 unless so signed and delivered shall be admitted by the said 
 L. M., or such other architect as aforesaid. 
 
 IX. Any such alteration, addition, or omission shall not vaiuo of 
 
 . . alterations, 
 
 vacate this present contract, but shall be ascertamed by an &«•. to be 
 
 ■^ '^ ascertained 
 
 admeasurement or valuation, to be made by the said L. M. or jod ^dsd 
 
 ^ to original 
 
 such other architect as aforesaid, and the value thereof so as- contract 
 
 ' money. 
 
 certained shall be added to or deducted from the said sum of 
 
 £ , as the case may be, and the addition in value (if any) 
 
 shall be paid for in the same manner and at the same time as 
 hereinafter is expressed for the payment of the ultimate balance 
 of the said sum of £ . 
 
 X. Any deviation made in the said works from the said Any un- 
 
 ... , , 1 .„ . authorised 
 
 original plans, drawings, elevations, and specification (except deviations 
 such deviations as shall be so ordered as last aforesaid) shall be reotedat 
 
 expense of 
 
 altered and corrected at the costs and expenses of the said bmidera. 
 builders. 
 
 XI. Any damage arising from accidents or carelessness of Builders 
 
 . , 1111 ^ f ^^ repair 
 
 workmen or otherwise to the said works hereby contracted for, damage. 
 or to the materials or implements therein used, shall be borne 
 and effectually made good by the said builders at their own costs 
 and charges. 
 
 XII. The said builders shall at their own costs and charges Builders 
 
 ~, . . J, . to insure. 
 
 insure, in some or one of the offices for insurance against fire in 
 London or Westminster, to be approved of by the said parties 
 hereto of the second part, and in the joint names of the said 
 builders and of some person appointed in that behalf by the 
 parties hereto of the second part, the said buildings from loss or 
 
 damage by fire in the sum of £ , and shall continue such 
 
 insurance until the said L. M. or such other architect as afore- 
 said shall certify the said banking-house and ofiices to be 
 completed. 
 
 XIII. The said builders shall pay all the fees of the district B^mUere b> 
 surveyor, or other fees or oflScial demands arising from the district 
 execution of the said works, and will generally do, execute, andgene- 
 and provide not only all the works and materials described SeJute aii 
 and specified in the said plans, drawings, elevations, and speci- rcribldfn 
 fication resnectively, but likewise all such works and materials tion, &o., 
 
 ^ •> ' 1 1 • r J • or to be 
 
 as are necessarily implied or may be reasonably interred in or ^pijed^ 
 from the said plans, drawings, elevations, and specification 
 respectively, for the erection and completion of the said 
 
 Digitized by Microsoft® 
 
134 AaHEEMENTS. 
 
 BUILDING 
 CONTEAOT. 
 
 buildings, with the offices and appurtenances, although the same 
 may not happen to be therein expressly mentioned as to be 
 done by the said builders, the true intent and meaning of these 
 presents being that the works and materials hereby contracted 
 to be done, executed, and provided, shall include all that is 
 requisite for the building and completing the said building and 
 offices according to the said plans, drawings, elevations, and. 
 specification. 
 Buuders not XIV. The Said buildors will not, unless with the consent of 
 
 to make 
 
 sub-oontraob the Said L. M., or such other architect as aforesaid, make any 
 
 without ' *^ 
 
 consent. sub-coutract for the execution of the works hereby contracted 
 for, or any part thereof, nor, unless with such consent as afore- 
 said, assign or underlet this present contract. 
 
 The con- XV. The said sum of £ shall be paid to the said builders 
 
 to be paid in manner following (that is to say), £ part thereof shall be 
 
 ments. paid by twelve instalments of £ each, upon the certificate 
 
 from time to time of the said L. M., or such other architect as 
 aforesaid, that work and materials to a sufficient amount shall 
 have been done, executed, or provided by the said builders to 
 the satisfaction of the said L. M., or such other architect as 
 h^nSd^nn aforesaid, and £ , the balance of the said sum of £- 
 
 be paid on i '^ i _ '^ . > 
 
 architeotV' shall bo paid within three calendar months after the whole of 
 of works'"'^ t^^ said works shall be completed and finished, and the accounts 
 made up. 
 
 XVI. The said builders shall not be entitled to demand or 
 
 receive the said balance of £ until the said L. M., or such 
 
 other architect as aforesaid, shall certify under his hand that the 
 whole of the said works have been completed a.nd finished to 
 his satisfaction. 
 Sue°St to XVII. The decision of the said L. M., or such other architect 
 as aforesaid, with respect to the amount, state and condition of 
 the works actually executed, and also in respect to any and 
 every question that may arise concerning the construction of the 
 present contract, or the said plans, drawings, elevations, and 
 specification, or the execution of the works hereby contracted 
 for, or in anywise relating thereto, shall be final and without 
 appeal. 
 In witness, &c. 
 
 be final 
 
 Digitized by Microsoft® 
 
AGREEMENTS. 135 
 
 No. XXIX. 
 
 AS TO 
 LETTEIW 
 PATENT. 
 
 AGREEMENT to procure Letters Patent, and to Sell 
 a Moiety of the Invention and the Benefit thereof. . 
 
 ARTICLES OF AGREEMENT made the day of , 
 
 Between A. B. of, &c. (hereinafter called " the vendor ") of the 
 one part, and C. D. of, &c. (hereinafter called "the purchaser") of 
 the other part. Whereas the vendor hath recently discovered Recite dis- 
 
 . 1.1/. covery or 
 
 certain improvements in , and intends forthwith to apply invention. 
 
 for Her Majesty's Letters Patent for special licence and privi- 
 lege to make, use, exercise, and vend the invention for his use, 
 for the term of years : 
 
 It is hereby agreed between the parties hereto as 
 follows : — 
 
 I. The vendor shall sell and the purchaser shall purchase one Agreement 
 moietv or equal half part or share of and in the said invention, purchase 
 
 I'll 111 ^^^ moiety 
 
 and all improvements whatsoever which the vendor shall here- pfthe 
 
 ^ _ , invention. 
 
 after make or discover therein, and of and in all letters patent 
 which the vendor shall obtain in respect of such invention and 
 improvements, and all advantages incident to or to be derived 
 from the same, for all the term for which such letters patent 
 shall be granted, and for such renewed and additional term or 
 terms as shall hereafter be granted therein, at the price of 
 
 £ . 
 
 II The vendor shall, within days next after the date of vendor to 
 
 •^ , obtain let- 
 
 this agreement, apply and petition for the said letters patent ters patent 
 and shall follow up such petition by all proceedings and means 
 necessary and usual in such cases, so that the letters patent may 
 be obtained and the specification duly enrolled as soon as pos- 
 sible, and the vendor shall pay all fees and expenses attendant 
 on obtaining the said letters patent. 
 
 III. Within days after such letters patent shall be ■^j^^j^""'^- 
 
 granted, the purchaser shall pay to the vendor the said pur- purchaae. 
 chase-money, and the vendor shall execute to the purchaser an 
 assignment of the said moiety, such assignment to be prepared 
 by and at the expense of the purchaser, and to be left by him 
 
 at the office of Mr. , for execution by the vendor ; and the 
 
 said assignment shall contain (amongst other things) a covenant 
 on the part of the vendor not to do, or assent to, or cause to be 
 
 Digitized by Microsoft® 
 
136 
 
 AGEEEMENTS, 
 
 AS TO 
 LETTERS 
 PATENT. 
 
 Agreement 
 to be void- 
 able in a 
 certain case. 
 
 done, any act, deed, matter, or thing, whereby the said letters 
 patent shall be forfeited or invalidated, or the right of the pur- 
 chaser to his share thereof be affected, and a provision that the 
 business of the said letters patent shall be managed and con- 
 ducted by the vendor, and that he shall keep regular accounts 
 of the same, and that such accounts shall be at all times open 
 to the inspection and examination of the purchaser, who shall 
 have full power to take copies of or extracts from the same. 
 
 IV. If the said letters patent shall not be obtained before 
 
 the day of next, this agreement shall be voidable by 
 
 the purchaser. 
 
 In witness, &c. 
 
 Digitized by Microsoft® 
 
ABSTRACTS, SEARCHES FOR INCUMBRANCES 
 AND PURCHASE DEEDS. 
 
 When a binding contract for sale of lands has been rreface. 
 entered into, whether upon a public auction, or a private 
 sale, the next step in the transaction is for the vendor 
 to furnish to the purchaser an abstract of title, and to 
 verify such abstract. If the purchaser is satisfied with 
 the title as disclosed by the abstract, he makes the 
 usual searches for incumbrances in the proper office or 
 offices, and if the result of this search is also satisfac- 
 tory, the sale is carried into effect by a deed of con- 
 veyance, and by payment of the purchase-money. 
 It is deemed convenient to introduce in this place 
 three Dissertations : — I. On Abstracts and their verifi- 
 cation. II. On Searches for Incumbrances; and HI. 
 On Purchase Deeds. 
 
 I.— ABSTRACTS AND THEIR VERIFICATION. 
 
 Unless the conditions or agreement for sale stipu- ,^™"'o"°°" 
 late to the contrary, on the sale of freeholds or copy- *'*'^- 
 holds the title « must be deduced for a period of forty 
 years, that period having been substituted for sixty 
 years by the " Vendor and Purchaser Act, 1874." And 
 in cases where an earlier title than sixty years might 
 have been i-equired under the former practice, an 
 earlier title than forty years may now be required (a). 
 
 A purchase-deed, or marriage settlement, is a good 
 instrument with which to commence the abstract. If 
 the title commences with the will of a person who died 
 forty years since, then proof by old leases, declarations, 
 receipts of rent, parish books, &c., &c., should be 
 
 (ft) " VenJov iintl Purchaser Act,'' sec. 1, 
 
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138 ABSTRACTS. 
 
 supplied that lie was in possession of the estate, or in 
 the receipt of the rents and profits, at the time of his 
 decease. If the abstract commences with a recovery 
 deed or other disentailing" assurance, the purchaser may 
 require the title to be carried back to the creation of 
 the entail ; and so it may be said of any other kind of 
 instrument, which depends upon any previous docu- 
 ment or act for its validity. And if it appears that the 
 estate tail was barred by fine, a clear title must be 
 deduced to the reversion, or the remainder in fee. If 
 the abstract commences with an appointment, the pur- 
 chaser is entitled to have the instrument creating the 
 power abstracted. Again, an admission to copyholds 
 is not a proper commencement of title without the 
 surrender on which the admission was grounded. In 
 a word, it is necessary that the title should be properly 
 commenced, as it must be satisfactorily deduced as to 
 the legal as well as the equitable estate, the abstract 
 showing that the vendor is entitled to the lands and 
 the inheritance thereof in fee simple in possession, free 
 from all incumbrances. 
 of pSrofaser There is no direct authority on the general question 
 ^S°°* whether a purchaser is entitled to the production and 
 deeds. inspection of deeds in the vendor's possession or power 
 of earher date than the earliest deed abstracted, where 
 the abstract shows a good forty years' title. The 
 opinions of Mr. Jarman and Mr. Hayes appear to be 
 in favour of the purchaser's right, and this view is 
 supported by Mr. Drewry in a note to the case of Parr 
 V. Lovegrove, reported by him (h). In that case the 
 Court considered, that having regard to the title shown 
 by the vendor the purchaser was entitled to the pro- 
 duction of the earlier deeds, but not to have them 
 abstracted. The general question, however, was not 
 decided. 
 
 Where an abstracted deed recites or refers to a deed 
 more than forty years old, it is conceived that if the 
 recited deed is not in the possession or power of the 
 vendor, and does not as recited throw any reasonable 
 suspicion on the title, no objection can be made on the 
 ground of its non-production ; but that if the recited 
 
 (i) 4 Drew. 170, 180, 182. 
 
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ABSTflACTS. 139 
 
 deed is in fhe vendor's possession or power, lie must 
 produce it for inspection, but need not abstract it (c). 
 
 If the property is subject to any existing leases, the mqw.as 
 vendor should allow the purchaser to inspect the i«^^s!"°^ 
 counterparts, so that it may be seen that they contain 
 no unusual provision in favour of the lessee, — as for 
 instance, a right of pre-emption — and that the lessor 
 has entered into no covenant which could prove a 
 burthen on the estate in the hands of the purchaser. 
 
 From the document which commences the title every Y^st^t 
 deed, instrument, incumbrance, and fact, relating to, or *°^* 
 aflPecting the title, should be stated in the abstract, 
 except leases which have expired by effluxion of time. 
 Thus, a mortgage deed must be abstracted although 
 the money may have been repaid, and the property 
 has been reconveyed. 
 
 Where there has been a mere equitable morteraare, Equitawe 
 
 i"ii 1 Ti T • I • 1 Op' mortgages. 
 
 which has been discharged, it is usual not to mention 
 it in the abstract, and Mr. Dart approves of and de- 
 fends the practice (d), notwithstanding the opinion to 
 the contrary of Vice- Chancellor Wood (e). 
 
 Deeds which do not affect and never have affected ^^^i^. ""' 
 
 -I . t 1 -, 1 . « affecting 
 
 the right to sell or dispose of the property, although nf^^t'^" 
 they may confer some beneficial interest in it, need not, abstracted, 
 it is conceived, be abstracted. For example, if lands 
 have been conveyed to a trustee for sale by one deed, 
 and by another deed the trusts of the purchase-money 
 are declared, the latter deed, though it confers a bene- 
 ficial interest in the property, does not affect the right 
 to deal with it by way of sale or otherwise, and need 
 not be abstracted. Again, where a mortgage is made to 
 persons by one deed, and by another it is declared that 
 the mortgagees are trustees for others, the latter need 
 not be abstracted. 
 
 Any judgments, crown debts, executions, extents, or Judgments, 
 lis pendens affecting the property, should be mentioned 
 in the abstract. 
 
 The purchaser, or his solicitor, is entitled and should "^ll^^ 
 never neglect to examine the abstract with the deeds, should do. 
 
 (c) Prosser v. Watts, 6 Mad. 59 ; edition. 
 
 Moulton V. Edmonds, 1 De G. F. & (e) Drummond v. Tracey, Johns. 
 J. 246. 108. 
 
 (d) 1 Dart, V. & P. p. 277, 4tli 
 
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140 ABSTRACTS. 
 
 wills, and other instruments relating to the title, or 
 with attested or official copies of them, and he should 
 on no account omit to make the proper searches for 
 incumbrances. 
 As to settle- Articlos bcfore marriage, in pursuance of which 
 in pursuance Settlements have been made, should be abstracted, as 
 well as the settlements themselves, to show that the 
 articles were duly carried into effect. 
 pi-OT^dby' When it is necessary to show the birth, death (e), or 
 ceitiftcates. marriage of any person, the fact must be proved either 
 by a recital or statement contained in some deed, in- 
 strument, act of parliament, or statutory declaration, 
 dated twenty years before the date of the contract (/), 
 or by a certificate obtained from the proper registers [g). 
 Certified extracts from non-parochial registers, which, 
 under the provisions of the 3 & 4 Vict. c. 92, are 
 deposited in the custody of the Registrar-General, are 
 now made evidence by that Act {h). 
 On claim by When the title, or any portion of it, depends on a 
 claim by descent, the facts supporting the pedigree 
 must be proved, either by recitals or statements in 
 deeds, &c., twenty years old {i), or by the strict legal 
 evidence of such facts, if it can be procured. If not, 
 extracts from parish books, family Bibles, old books or 
 papers, inscriptions, tombstones, or the declarations of 
 old persons, will often be admissible as proof. 
 Proof of When prior estates are alleged not to have vested for 
 
 fail lire of ir»iir»"i r** i n 
 
 issue. deiault or lailure oi issue, the same proof of want 
 of issue must be shown as is required to verify a 
 pedigree. 
 
 In the case of wills, the abstract is verified by 
 production of the probate, or an office copy, which is 
 now sufficient evidence as to real as well as personal 
 estate (_;"). 
 
 A fine is proved by the chirograph, or an exemplifi- 
 
 Proof of 
 wills. 
 
 KviclDiice 
 of fine. 
 
 («) As to what amounts to pre- 1874," sec. 2, rule 2. 
 
 sumption of death, see Doe v. Ne- {g) See 6 & 7 Wm. 4 c. 86 • 
 
 pean, 5 B. & Ad. 86 ; In re Beas- 1 Vict. c. 22 ; 16 & 17 Vict c" 134 ' 
 
 ney's trust, L. B. 7 Eq., 498 ; In (h) Sec. 9. 
 
 re Pheiios' trust, L. R. 5 C. A. 139 ; (i) " Vendor & Purchaser Act 
 
 In re Lewes' trusts, L. R. 6 C. A. 1874," sec. 2, rule 2. ' 
 
 356. ,^ , „ „ , (i) See the " Probate Act," 20 & 
 
 (/) « Vendor & Purchaser Act, 21 Vict, c, 77, sec. 4. 
 
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ABSTKACTS, 141 
 
 cation under the seal of the Court, or by a copy- 
 examined with the roll, and passed by the examiner (k). 
 
 The best evidence of a recovery is an exemphfication. Recovery. 
 or a copy examined with the roll. 
 
 It must be seen that every document has been pro- ^^l^f°°- 
 perly executed and attested, and that the proper stamps *"=■ 
 have been affixed. In cases where enrolment, registra- 
 tion, or acknowledgment is necessary, care must be 
 taken to ascertain that the documents have been pro- 
 perly enrolled, registered, or acknowledged {as the case 
 may be), according to the provisions of the statutes 
 making these formalities necessary. 
 
 When the consideration is in money, it must be seen ^Sera-"" 
 that a receipt is endorsed on the deed. *'""• 
 
 The recital of a lease for a year executed before the 
 4 & 5 Vict. c. 21, is by that Act made conclusive 
 evidence of its due execution. 
 
 It should be seen, that there is no outstanding in- SS'"^ 
 terest which ought to be got in or released, such as 
 dower, freebench, curtesy, or any other unsatisfied 
 charge. Although more than twenty years may have 
 elapsed since legacies, &c., and other sums charged on 
 the land became payable, the receipts for such legacies 
 and sums must be produced, or a release must be ob- 
 tained from the person entitled to these charges, as 
 the claims on their account may still be subsisting by 
 reason of infancy, or other incompetency, or by reason 
 of some intermediate acknowledgment (l). 
 
 When powers have been executed, it must be ascer- ^xorattonot 
 tained that they have been exercised with the needful p""""-'- 
 formalities. The 12th section of the 22 & 23 Vict. c. 35, 
 provides that a deed thereafter e'xecuted in the presence 
 of and attested by two or more witnesses in the manner 
 in which deeds are ordinarily executed and attested, 
 shall, so far as respects the execution and attestation 
 thereof, be a valid execution of a power by deed or in- 
 strument not testamentary, notwithstanding that such 
 deed or instrument may require some additional or 
 other form of execution or attestation, but not so as to 
 defeat any direction in the instrument creating the 
 
 (k) Biirt. Comp. 487 ; Dart, V. & Cooke v. Soltau, 2 Sim. & Stu. 154 ; 
 p 210. 3 & 4 Wm. 4, c. 27, sec. 40. 
 
 \l) Shields v. Eice, 3 Jur. 950; 
 
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142 ABSTRACTS. 
 
 power that the consent of any person shall be neces- 
 sary to a valid execution (m). The mere fact of the 
 mention of powers in former deeds may often be a 
 sufficient reason for inquiring, whether they have been 
 to any extent exercised. 
 to Ste-"^ It may sometimes also be desirable to inquire, whether 
 ments. any settlement aflPecting the estate has been executed 
 which has not been noticed in the abstract ; but in all 
 these cases the expediency of making such inquiries 
 must depend upon the particular condition of the title, 
 and the circumstances or suspicions which it suggests. 
 Proceedings If any Dortiou of the title depends on proceedings in in- 
 
 m insol- - 11 11 1 . /^ 
 
 ibmfau^c solvency or bankruptcy, the abstract must be verified by 
 the production of certified copies of such proceedings (n). 
 
 Identity. When the description of the parcels has been altered, 
 
 or they are not sufficiently described in the deeds, proof 
 of identity by leases, parish assessments, receipts for rent, 
 declarations, or other evidence, should be supplied. 
 
 Proof of As to deeds which require to be enrolled, thev are 
 
 enrolled -,-. -. ■*■_ , ,»' 
 
 deeds. proved by production oi examined copies of the 
 originals ; but if the originals are in the custody of 
 the vendor, the purchaser would be entitled to their 
 production. 
 
 Land-tax. If the property is sold discharged from land-tax, the 
 redemption of the land-tax is shown by the certificate of 
 the Commissioners, with the receipt of the cashier of the 
 Bank of England, and memorandum of registration (o). 
 
 Proof of When a person seised or entitled is stated to have 
 
 died intestate, letters of administration are the best evi- 
 dence of intestacy, and should be produced. If the 
 deceased owner had made a will, but died intestate as 
 to the particular property, the will should be mentioned 
 in the abstract, with a statement that it contains no 
 devise or bequest of the land in question. 
 
 (m) As to attestation, see Wrigiit 134, abolishes the Insolvent Court, 
 
 V. Wakeford, 17 Ves. 454 ; Buller see sees. 19 — ,30. 
 V. Burt, 4 Ad. & El. 15 ; Doe v. (o) 42 Geo. 3, c. 116, sec. 38 ; 
 
 Burdett, 9 Add. & El. 936 ; New- Buchanan v. Poppleton, 4 Jur. N.S. 
 
 ton V. Eicketts, 9 H. L. C. 262. 414. Land-tax redeemed under 38 
 
 (n) As to insolvency, see 1 & 2 Geo. 3, c. 60, is personal estate. 
 Vict. c. 110, s. 105 ; 5 & 6 Vict. c. The 16 & 17 Vict. c. 115, sec. 2, 
 116, s. 11 ; 7 & 8 Vict, c. 96, s. 37. provides for the merger of all land- 
 As to hankruptoy, see 1 & 2 Wm. 4, tax redeemed under any contract 
 c. 56, s. 29 ; 12 & 13 Vict. c. 106, s. entered into after the 20th Aueust 
 236 ; 24 & 25 Vict. c. 134 ; 32 & 33 1853. ' 
 Vict. c. 71. The 24 & 25 Vict. c. 
 
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 intestacy. 
 
ABSTRACTS. 143 
 
 When the title-deeds are lost or destroyed, the vendor Ite^tu- 
 must prove the fact of the loss or destruction, and must ^0"^ 
 also furnish the purchaser with the means of showing 
 what were the contents of the destroyed deeds, and of 
 proving that such deeds were duly executed (p). A 
 recital in a deed forty-four years old has been held to 
 be sufficient secondary evidence of the contents and 
 due execution of the recited deed (q). 
 
 If the deed was executed by attorney, the power or Execution 
 letter should be produced, and proof should be given attorney^ 
 that the principal was living at the time when the 
 attorney executed ; and if the power was not supported 
 by a valuable consideration, the purchaser must be 
 supplied with proof that the principal had not revoked 
 the power prior to the deed, which was executed in 
 pursuance of it. Lord St. Leonards suggests, that 
 where purchase-money is paid to such an attorney, he 
 should execute a declaration of trust of the purchase- 
 money for the purchaser, until he is furnished with 
 conclusive evidence that the vendor was alive at the 
 execution of the conveyance. 
 
 When the property is leasehold, the original lease ^^^'^^h^^ia, 
 and all the subsequent assignments should generally 
 be abstracted ; but if the property is held under a very 
 ancient lease, it is sufficient to commence the abstract 
 with the original lease (?'), and then to take up the title 
 at a period of forty years from the time of the pur- 
 chase. It has been seen, that in the absence of stipu- 
 lation, the purchaser is precluded by the new statutory 
 rules ^om calling for the lessor's title. 
 
 When the estate has been specifically bequeathed, 
 and the sale is made by the specific legatee, proof must 
 be given of the assent of the executor to the bequest. 
 
 On the sale of renewable leaseholds, where the lease ^newawe 
 is expressed to have been granted in consideration of ''"''«''°''^'- 
 the surrender of a prior lease, the vendor must show 
 the title to the surrendered lease (s). 
 
 A purchaser of leaseholds should require the pro- ^^^^^ 
 duction of the last receipt for the rent, and should be ™°*' '«'• 
 
 (p) Bryant v. Busk, 4 Eus. 1. B. Ex. CIi. 213. 
 
 (q) Moiilton v. Edmonds, 1 De G. (s) Hodgkinson v. Cooper, 9 Beav. 
 
 F. & J. 246. 304. 
 (?) Frend v. Buckley, L. E. 5 Q. 
 
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144 ABSTRACTS. 
 
 careful to ascertain that all the covenants in the lease 
 have been performed up to the date of the purchase. 
 He should also examine the lease for the purpose of 
 ascertaining that it is not an underlease, and that there 
 is no other property comprised in the lease to which 
 the covenants and provisoes extend. 
 fled*tenni!" As to Satisfied terms, the document creating the term 
 should be abstracted, together with the mesne assign- 
 ments. If they have become merged under the pro- 
 visions of the 8 & 9 Vict. c. 112, for rendering the 
 assignment of satisfied terms unnecessary, the title to 
 the term must be traced down to the period of such 
 merger. If the term is of ancient date, it is sufficient 
 to abstract the deed creating the term, and then to 
 take up and trace the title to the term at the point at 
 which the title to the inheritance is commenced. A 
 valid objection to the title could not be raised, on ac- 
 count of the deed' creating the term being lost, if it 
 were of ancient date. 
 Copyholds. As to copyholds, the abstract should contain a copy 
 of the entries on the Court Rolls relating to the estate, 
 accompanied by the necessary instruments, facts, and 
 proofs, to show the equitable title; and the title is 
 proved and verified by the production of copies of the 
 Court Rolls. Where an owner dies seised, proof must 
 be given that he did not leave a wife entitled to free- 
 bench. 
 
 When a conditional surrender has been made to a 
 mortgagee, and he has not been admitted, it should be 
 shown that satisfaction has been entered up. 
 
 On the purchase of copyholds, inquiry should be 
 made as to the customs of the manor, especially as to 
 descent, free-bench, fines, heriots, rents, &c. ; and the 
 purchaser should search the Court Rolls of the manor, 
 in addition to the general searches which should be 
 made for judgments, &c. 
 fanlsfnS™ ^"^ ^'^ abstract of title to lands granted by the 
 Crown, or a rectory impropriate, the original grant 
 must precede the deduction of the modem title, so as 
 to show that it was a grant in fee, that no rent was re- 
 served, and that there is no remainder or reversion in the 
 Crown. The title from the original grantee to the com- 
 mencement of the modern title need not be produced. 
 
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 rectories 
 impropriate, 
 
ABSTRACTS. 145 
 
 The title to advowsons must be traced for three as to 
 entire incumbencies if the time of such incumbencies ^''°^"""'- 
 shall together amount to the full period of sixty years ; 
 but if the times of such incumbencies do not together 
 amount to sixty years, then for such fiirther time as 
 with the times of such incumbencies will make up the 
 full period of sixty years ; and the purchaser must be 
 furnished with a list of the presentations which have 
 taken place within the required period. But no ad- 
 vowson can be recovered after the expiration of one 
 hundred years, from the time at which a clerk has 
 obtained possession of the benefice adversely, so that 
 the title need never be carried back beyond one hun- 
 dred years, although there may not have been three 
 entire incumbencies within that time {t). 
 
 The new rules laid down in the second section of the 
 " Vendor and Purchaser Act, 1874," apply only to con- 
 tracts for the sale of land. It would appear, therefore, 
 that contracts for the sale of advowsons, which can 
 hardly be brought within the term "land," are not 
 governed by these rules. 
 
 On the sale of life or reversionary interests in trust as to life or 
 moneys, the document containing the trust must be intereste." 
 abstracted, and all the clauses which relate to, or can 
 in any respect afiect, the property must be fully set 
 out. If there are any other deeds which relate to the 
 fund, they . also must be abstracted, including any 
 deeds by which new trustees have been appointed, 
 &c., &c. ; and the purchaser will be entitled to attested 
 copies and a covenant for the production of such deeds 
 and documents at the vendor's expense, in the absence 
 of express stipulation to the contrary. The purchaser 
 must ascertain the actual condition and position of the 
 fund at the time of sale, and carefully examine the 
 provisions of the document containing the trust, in 
 order to be satisfied that there is no provision or power 
 under which the corpus of the fund may be diminished 
 or otherwise affected. 
 
 When the title is derived under an Act of Parlia- ^^J'^™"* "'' 
 ment, a printed copy of the Act must be produced. 
 
 In purchasing an allotment, it should be ascertained A|^ """*- 
 that the allotment was authorised by the Act, 
 
 («) 3 & 4 Wm. 4, c. 27, sees. 30, 32. 
 
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146 ABSTRACTS. 
 
 As to As to enclosures or encroachments made by a tenant, 
 
 ments. thej Will generally, as between him and his landlord, 
 be the property of the latter, unless it can be proved 
 that the tenant at the time intended the encroachment 
 for his own benefit, and not to hold it as he held the 
 estate of which he was tenant (u). 
 As to life On the purchase of life policies, the purchaser, in the 
 
 policies. - if . ^ . J^. ' 111 1 
 
 absence oi a stipulation to the contrary, should be sup- 
 plied with proof of the correctness of the statements 
 on which the policy was granted, and that the last 
 premium has been paid ; and if the policy was effected 
 on the life of any other person than that of the assurer, 
 it will be necessary to ascertain that the assurer had 
 at the time a pecuniary interest in the life of the 
 assured. 
 
 attract. °' ""^^^ purchaser is entitled to the custody of the ab- 
 stract until either the purchase is finally rescinded by 
 consent, or declared impracticable by a Court of 
 Equity (x) ; and if the sale proceeds, the abstract is the 
 property of the vendee. 
 
 Where land has devolved upon any person by the 
 death of another since the 19th May, 1853, the pur- 
 chaser should call for a receipt and certificate of the 
 payment of the succession duty (y). 
 
 fonl^au^' ^y ^ i"ecent Act (s) it is enacted that any seller or 
 mortgagor of land, or of any chattels real or personal, 
 or choses in action conveyed or assigned to a pur- 
 chaser, or the solicitor or agent of any such seller or 
 mortgagor, who shall after the passing of this Act con- 
 ceal a,ny settlement, deed, will, or other instrument 
 material to the title, or any incumbrance, from the 
 purchaser, or falsify any pedigree upon which the title 
 does or may depend, in order to induce him to accept 
 the title offered or produced to him, with intent in any 
 of such cases to defraud, shall be guilty of a misde- 
 meanour, and being found guilty shall be Uable to the 
 penalties mentioned in the Act. This Act is extended 
 by the 23rd and 24th Vict. c. 38, s. 8, to mortgagees 
 as well as purchasers. 
 
 . ^Z) £ofAMostyn« Jones, 15 M. (x) Roberts v. Wyatt, 2 Taunt. 
 
 & W. 680 ; Andrews v. Hailes, 2 El. 268 
 
 & Bl. 349 ; Doe d. Croft v. Tidbury, {y) 16 ■& 17 Vict. c. 51. 
 
 14 C. R 304, 325. (a) 22 & 23 Vict. c. 35. sec 24. 
 
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 Succession 
 duty. 
 
 deeds. 
 
SEARCHES FOE INCUMBRANCES. 147 
 
 II.— SEAECHES FOE INCUMBEANCES. 
 
 It has been already stated that the abstract to be ProvisioD 
 furnished by the vendor should mention all the docu- ^ '»'" 
 ments and incumbrances affecting the property sold. 
 But in some instances the legislature has provided for 
 the enrolment and registration of documents and in- 
 cumbrances, by means of which the purchaser can, 
 independently of any abstract, discover what documents 
 and charges actually affect the estate. 
 
 By the 7 Anne, c, 20, it is enacted that a memorial ^f^'^*'""' 
 of all deeds and conveyances and of all wills and de- ^''*- 
 vises in writing, of or concerning or whereby any 
 houses, manors, lands, tenements, or hereditaments in 
 the county of Middlesex may be in any way affected 
 in law or equity, may be registered as therein directed, 
 and that every such deed and conveyance shall be ad- 
 judged fraudulent and void against any subsequent 
 purchaser or mortgagee for valuable consideration 
 unless such memorial thereof shall be registered as by 
 the Act is directed before the registering of the me- 
 morial of the deed or conveyance under which such 
 subsequent purchaser or mortgagee shall claim, and 
 that every such devise by will shall be adjudged fraudu- 
 lent and void against any subsequent piirchaser or 
 mortgagee unless a memorial of such will be registered 
 in such manner as is therein directed. The 8th sec- 
 tion then provides that all memorials of wills that shall 
 be registered within six months after the death of 
 devisors dying in Great Britain, or within three years 
 after the death of devisors dying on the sea or beyond 
 the seas, shall be valid against subsequent purchasers. 
 The 6 Anne, c. 35, ss. 1, 14, contains similar provisions Tortsw™ 
 as to deeds, conveyances, and wills relating to houses, acs. 
 manors, lands, tenements, and hereditaments situate in 
 the East Eiding and the town and county of the town 
 of Kingston-upon-Hull. The 8 Geo. II., c. 6, ss. 1, 
 15, contains similar provisions as to deeds, convey- 
 ances, and wills relating to houses, manors, lands, tene- 
 ments, and hereditaments situate in the North Eiding; 
 nd the 2 & 3 Anne, c. 4, contains a similar provision 
 
 L 2 
 
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148 SEARCHES FOR INCUMBRANCES. 
 
 as to deeds, conveyances, and wills, relating to_ houses, 
 manors, lands, tenements, and hereditaments situate in 
 the West Riding ; and by the 20th sect, of this Act it 
 is declared that all memorials of wills that shall be 
 registered within six months after the death of every 
 devisor dying in England, Wales, and town of Berwick- 
 upon-Tweed, or within three years after the death of 
 every devisor djdng upon or beyond the seas, shall be 
 valid against subsequent purchasers. 
 "Vendor By the " Vendor and Purchaser Act, 1874" (a), it is 
 Sase"^ enacted that where the will of a testator devising land 
 Bee.' 8. ' in Middlesex or Yorkshire has not been registered 
 within the period allowed by law in that behalf, an 
 assurahce of such land to a purchaser or mortgagee by 
 the devisee or by some person deriving title under him 
 shall, if registered before, take precedence of and 
 prevail over any assurance from the testator's heir- 
 at-law. 
 whatsearoh Whou the subject of purchase is land situate in a 
 
 should be , ■ ■ o r , 
 
 ttt'k)oai register county, a search for registered documents 
 Registry, should bo made in the local registry, over the whole 
 period covered by the abstract (6) ; and it must be 
 seen that all the documents requiring registration 
 have been duly registered. If not, the vendor must, 
 at his own expense, register them, but the purchaser 
 must bear the expense of the registration of his own 
 conveyance. 
 DOT-rep's- If ^o '^ill is registered within the six months allowed 
 wuf ^thta ^y ^^6 Acts, and the heir makes a conveyance for valu- 
 months. ^^1® consideration which is registered, and afterwards 
 a will is discovered and registered, the conveyance by 
 the heir prevails over the will. On the other hand, a 
 registered conveyance by the devisee under an unregis- 
 tered will prevails over a conveyance by the heir-at-law 
 which is not registered until afterwards (c). It follows 
 that on a purchase from the devisee under a will where 
 the six months have expired without registration, the 
 purchaser need not require registration, provided, that 
 he satisfies himself that there is no registered convey- 
 ance or mortgage by the heir id). 
 
 i; 
 
 a) 37 & 38 Vict. c. 78, sec. 8. (d) Chadwick v. Tumei-, L. R. 
 
 h) Dart, V. & P. 457. Ch. 310. 
 
 (c) 37 & 38 Vict. c. 78, sec. 8. 
 
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SEAECHES FOR INCUMBEANCES. 149 
 
 The Registry Acts do not extend to copyliolds, leases to what 
 at a rack rent, or to any lease, not exceeding twenty- Registry 
 
 , . ■', ' . -O .•' Acts do not 
 
 one years, where the actual possession and occupation ^tend- 
 go along with the lease, or to the city of London, or to 
 any of the chambers in Serjeants' Inn, or to the Inns 
 of Court or Chancery. 
 
 A deed of appointment under a power must be regis- ^P't'^ugt 
 tered (e). The memorial of an assignment of lease- ^"j^^^is- 
 holds will not, by containing a recital of the lease, cure 
 the omission to register the lease (_/). 
 
 An assignment of a legacy charged on land is an^^^|j™"' 
 assignment of money only, so that such an assignment 'i^^l^^eeT 
 need not be registered (g): Jste-td!' 
 
 An equitable mortgage by agreement, either with or Equitawe 
 without a deposit of deeds, requires registration (h), """■^'*^- 
 and so does a further charge in favour of a mortgagee 
 who has registered his first mortgage {i). 
 
 It is always usual in practice — Lord St. Leonards 
 remarks — to require a beneficial lease, not exceeding 
 twenty-one yea»s, to be registered where it is assigned 
 by way of mortgage (k). But if a lease for twenty-one 
 years, where the actual possession and occupation go 
 along therewith, is assigned for a valuable considera- 
 tion, such assignment continues strictly within the 
 exception. 
 
 The obiect of the enactments being to secure subse- Purchasers 
 
 J - o . , with notice. 
 
 quent purchasers and mortgagees against secret in- 
 cumbrances, a purchaser who buys mth notice of an 
 unregistered deed, is bound in equity by such deed 
 or will as completely as if it had been registered (Z). 
 
 On the other hand, the registration of a deed is not ^/^i'^*™* 
 of itself notice. If a man searches the register he will notice. 
 be deemed to have notice, unless he only searched for 
 a particular period, in which case he will not be 
 deemed to have notice of a deed registered before the 
 commencement of such period (m). 
 
 («) Sorafton v. Quincey, 2 Ves. Ch. 8 ; Neve v. Pennell, 2 H. & 
 
 sen. 413. M. 170 ; Wight's mortgage trust, 
 
 ( / ) Honeycomb v. Waldron, 2 Str. L. B. 16 Eq. 41. 
 
 1064. (i) Sug. Y & P. 581. 
 
 (g) Malcolm v. Charlesworth, 1 (Z) Le Neve «. Le Neve, 3 Atk. 
 
 Keen, 63. 646, 655. 
 
 (h) Moore v. Culverhouse, 27 Beav, (m) Sug. V. & P. 625 ; Hodgson 
 
 639. V. Dean, 2 Sim. & Stu. 221. 
 
 (i) Credland v. Potter, L. K. 10 
 
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150 SEARCHES FOR INCUMBRANCES. 
 
 toedunte'r Land registered under the "Land Transfer Act, 
 tx^mlt''^' 1875," is exempt from registration in the local regis- 
 ters (n). 
 
 The subject of judgments affecting land in a register 
 county is discussed below. 
 Usual The usual searches upon completing a sale or mort- 
 
 gage, whether the property is situate in a register 
 county or elsewhere, are searches in the Common Pleas 
 for judgments, crown, debts, executions, extents, Us 
 pendens, and annuities, and in the Land Registry 
 Office for rent-charges, &c., under " The ImproTement 
 of Land Act," 1864 (o). These will be considered in 
 order. 
 
 Judgments. j_ Judgments. 
 
 of mrt^ Under the " Statute of Westminster" a moiety only 
 minster." Qf ^j^^e dobtor's lauds could be extended by means of an 
 elegit, and the term lands in this statute included all 
 freehold estates held in severalty, cojparcenary or in 
 common (p), rent charges (q), lands held in ancient 
 demesne (r), impropriate rectories and tithes (s), pro- 
 perty in reversion expectant on a lease where the re- 
 versioner was entitled to a rent in respect of the 
 lease (t), the lands of a bishop (u), &c. ; but, under this 
 statute, copyholds could not be extended (v), nor an 
 advowson in gross {w), nor estates in joint tenancy 
 after the death of the joint tenant, nor estates tail so 
 as to affect the issue in tail (x). As to chattels real, 
 under an elegit either a moiety might be extended as a 
 part of the debtor's lands, or the entirety might be 
 sold as part of his goods. A judgment was a general 
 lien on all the freeholds of the debtor capable of being 
 taken in execution from the date of its being entered 
 up, but his chattels real were only bound from the 
 time when the writ of execution was lodged with the 
 ;S»*f°* sheriff. Under the 10th sect, of the "Statute of 
 
 i: 
 
 30 
 
 M 2 Cru. Dig. 54. (w) 3 Bac! Abr. 382. 
 
 (?) Moore, 32. (x) Ashburnham v. St. John, Cro. 
 
 r) 2 Inst. 397. Jac. 85. 
 
 (n) 38 & 39 Vict. c. 87, sec. 127. (t) I RoU. Abr. 894. 
 
 (o) 27 & 28 Vict. c. 114. See (u) 3 Bac. Abr. 383. 
 also 33 & 34 Vict. c. 56. (v) 3 Co 9 
 
 
 s) Co. Lit. 159. 
 
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SEARCHES FOR INCUMBRANCES. 151 
 
 Frauds," execution could be sued out on judgments 
 entered up against a cestui que trust of freeholds, pro- 
 vided they were vested in the trustee on a simple trust 
 for the debtor, and provided the trustee was seised at 
 the time of execution sued. But if a person pur- 
 chased an equitable estate which was capable of being 
 taken in execution, with notice of existing judgments 
 against the debtor, no acquisition of the legal estate 
 would protect him. This 10th section of the " Statute 
 of Frauds " has been held not to extend to equities of 
 redemption {y), or any other equitable estate in which 
 the debtor had not the sole beneficial interest (z). 
 Moreover, under the old law, the lien of all judgments 
 entered up against the donee of a power subsequently 
 to the creation thereof upon the estate, which might 
 be limited to the donee in default of appointment, 
 was defeated by an exercise of the power {a), and it 
 was immaterial that the appointee had notice of the in- 
 termediate judgments (&). 
 
 During the present reign, several important statutes fh^j'^JJI^nt 
 have been passed on the subject of Judgments, The '^'s". 
 first in order is the 1 & 2 Vict. c. 110. 
 
 By sec. 11 of that statute, the sheriff is empowered J *ifo^'"*- 
 to take in execution all the lands, tenements, rectories, The^oie 
 tithes, rents, and hereditaments (including lands and™!^"/" 
 hereditaments of copyhold or customary tenure) of^o"'"' 
 which the debtor, or any person in trust for him, may ^"eTe^."'' 
 be seised or possessed at the date of the judgment, or 
 at any time afterwards, or over which he may have 
 any disposing power which he might without the 
 assent of any other person exercise for his own benefit, 
 in like manner as the sheriff might then deliver exe- 
 cution of one moiety of the lands of any person 
 against whom a writ of elegit was sued out. _ And by anlSwe 
 sec. 13, a judgment is made a charge in equity on all"'^^^^- 
 lands, tenements, rectories, advowsons, rents, and here- 
 ditaments (including lands and hereditaments of copy- 
 hold or customary tenure) of or to which the debtor 
 shall at the time of entering up such judgment, or at 
 
 (y) Burdon v. Kennedy, 3 Atk. (a) Doe d. Wigan v. Jones, 10 B. 
 73 & 0. 459. 
 
 [z) Harris v. Booker, 4 Bing. 96. (6) Eaton v. Sanxter, 6 Sim. 517. , 
 
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152 SEARCHES FOR INCUMBRANCES. 
 
 any time afterwards, be seised, possessed, or entitled 
 for any estate or interest whatever, at law or in equity, 
 or over which such debtor shall at the time of entering 
 up such judgment, or at any time afterwards, have any 
 disposing power, which he might, without the assent of 
 any other person, exercise for his own benefit, and 
 shall be binding as against the debtor and all persons 
 claiming under him, and shall- also be binding against 
 the issue of his body, and all other persons whom he 
 might, without the assent of any other person, debar 
 from any remainder, reversion, or other interest ; and 
 there is a proviso that no judgment creditor shall be 
 entitled to proceed in equity to obtain the benefit of 
 his charge until the expiration of one year from the 
 entering up of the judgment, and that the charge shall 
 not give him any preference in bankruptcy unless the 
 judgment was entered up one year at least before the 
 bankruptcy of the debtor, and also that nothing con- 
 tained in the Act shall affect any doctrine of courts of 
 equity, whereby protection is given to purchasers for 
 valuable consideration without notice. 
 
 Although under the 13th section the creditor cannot 
 proceed in equity to obtain the benefit of the charge 
 until the expiration of one year, the Court will, if ne- 
 cessary, interfere within that time for the purpose of 
 impounding the rents (c). 
 Nature of The uature of the right or interest conferred upon 
 j"d^°ent judgment creditors by sees. 11 and 13 of the above Act 
 is discussed in Whitworth v. Gaugain (d), where it was 
 decided that a judgment creditor who had acquired 
 the legal seisin and possession of land under an elegit, 
 would not prevail against a prior equitable mortgage 
 of which he had no notice. The Lord Chancellor ob- 
 served, that where it was enacted that the judgment 
 should operate as a charge upon the estate,' this must 
 mean a charge upon the beneficial interest of the 
 debtor. 
 Effector From the above sections it follows that a judgment 
 
 i^Sr against a tenant in tail is binding on his issue in tail, 
 
 terand"" and also on the remainderman where there is no pro- 
 donee of a ■"■ 
 
 creditor. 
 
 tenant in 
 tail an' 
 donee 
 power. 
 
 (c) Yesoombe v. Landor, 28 Beav. 1127. 
 80 ; Partrilge v. Poster, 12 W. E. {d) 1 Phil. 728. 
 
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SEARCHES FOR INCUMBRANCES. l.^S 
 
 tector, and gives the creditor the benefit of a base-fee 
 where there is a protector, and that a judgment against 
 a donee of a power which he might alone exercise for 
 his own benefit, operates as the execution of the power 
 in favour of the creditor. 
 
 The 13th section does not confer on the judgment As.a€ainst 
 creditor any right against a person claiming under a ™,'Jf^£'."'' 
 voluntary settlement previously made by the debtor (e) ; settlement 
 but a different law prevails in Ireland (/). 
 
 Charges on ecclesiastical livings being prohibited by Judgment 
 
 o , oor J not a charge 
 
 previous statutes, a judgment has been held not to be "J^fu^^"*' 
 a charge on this description of property {g). 
 
 The 16th section provides that if a judgment credi- Taking the 
 tor takes the person of the debtor in execution, he execution. 
 loses the benefit of his charge under the Act. 
 
 On the construction of this section it has been de- 
 cided that the seizure of the person of the debtor for 
 a contempt of the Court of Chancery in not complying 
 with a decree to pay a sum of money thereby ordered 
 to be paid, is not a satisfaction of the debt within the 
 meaning of the section (h). 
 
 By the 1 8th section all decrees and orders of Courts Decrees, 
 of equity, all rules of Courts of law, all orders of the effect of 
 Lord Chancellor or of the Court of Review in mat-''" 
 ters of bankruptcy, and all orders of the Lord Chan- 
 cellor in matters of lunacy, whereby any sum of 
 money, or any costs, charges, or expenses, shall be 
 payable to any person, are respectively put on the 
 footing of judgments in the superior courts of common 
 law (^). 
 
 The 19th section provides " that no judgment, de- ^/?;^'™"'"' 
 cree, order, or rule shall, hy virtue of that Act, affect ■o™*^- 
 any lands, tenements, or hereditaments, as to pur- 
 chasers, mortgagees, or creditors, unless and until a 
 memorandum or minute, containing the name, and the 
 usual or last known place of abode, and the title, 
 trade, or profession of the person whose estate is in- 
 
 (e) Beavan v. Earl of Oxford, 6 168. See Houlditch v. Collins, 5 
 
 De G. M. & G. 507. Beav. 497. 
 
 (/) 12 & 13 Vict. c. 95, sec. 6. (i) The orders of the Court of 
 
 (a) Hawkins v. Gathercole, 6 De Probate are not within the above 
 
 G. M. & G. 1 ; Bates v. Brothers, 2 section, notwithstanding 20 & 21 
 
 Sm. & Gif. 509. Vict. c. 77, sec. 25. Pratt v. Bull, 
 
 (h) Roberts v. Ball, 3 Sm. & Gif. 1 New Rep. 47. 
 
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tration. 
 
 154 SEARCHES FOR INCUMBRANCES. 
 
 tended to be affected thereby, and the court and the 
 title of the cause or matter in which such judgment, 
 decree, order, or rule shall have been obtained or made, 
 and the date of such judgment, decree, order, or rule, 
 and the account of the debt, damages, costs, or moneys 
 thereby recovered or ordered to be paid, shall be left 
 with the Senior Master of the Court of Common 
 Pleas at "Westminster." 
 
 The next Act relating to judgments is the 2 & 3 
 Yict. ell. 
 PP^ The 4th section of that Act enacts, " that all judg- 
 ments of the superior courts, decrees or orders in any 
 court of equity, rules of a court of common law, and 
 orders in bankruptcy or lunacy, which, since the 
 passing of the Act of the 1 & 2 Vict. c. 110, have 
 been registered under the provisions therein contained, 
 or which shall hereafter be so registered, shall, after 
 the expiration of five years from the date of the entry 
 thereof, be null and void against lands, tenements, and 
 other hereditaments, as to purchasers, mortgagees, or 
 creditors, unless a like memorandum or minute as was 
 required in the first instance is again left with the 
 Senior Master of the said Court of Common Pleas 
 within five years before the execution of the convey- 
 ance, settlement, mortgage, lease, or other deed or 
 instrument vesting or transferring the legal or equitable 
 right, title, estate, or interest in or to any such pur- 
 chaser or mortgagee for valuable consideration, or as 
 to creditors within five years before the right of such 
 creditors accrued, and so, toties quoties, at the expira- 
 tion of every succeeding five years ; and the Senior 
 Master shall forthwith re-enter the same in like man- 
 ner as the same was originally entered; and such 
 officer shall be entitled for any such re-entry to the 
 sum of one shilling." 
 Soul™ Sec. 5 provides that no judgment shall affect lands, 
 aSd^fy &c.,_ as against purchasers and mortgagees witJiout 
 oiotice further or otherwise, although duly registered, 
 than a judgment would have bound such purchaser or 
 mortgagee before the 1 & 2 Vict. c. 110 [j). 
 
 (i) This section clearly shows that purchaser is not bound to search, 
 registration is not of itself notice ; Lane v. JacksoUj 20 Beav. 535. 
 and it has been decided that the 
 
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SEARCHES FOR INCUMBRANCES, 155 
 
 Upon the construction of the 4th section of 2 & 3 Effector 
 Vict. c. 11, it has been held that any purchaser, &c., reregister 
 who becomes such within five years from the regis- Sa^' 
 tering of the judgment remains affected by it, though 
 it is not subsequently re-registered (k) ; but if such 
 purchaser sells again after the expiration of the five 
 years the second purchaser is not affected, the object of 
 the Act being to make a search for five years sufficient 
 in all cases (Z). 
 
 A question having arisen whether registry was es- s & 4 viet. 
 sential to bind a purchaser with notice, it was provided 
 by the 3 & 4 Vict. c. 82, sec. 2, " that no judgment, 
 &c., should, hy virtue of the Act of the 1 & 2 Vict. c. 
 110, affect any lands, &c., at law or in equity, as to 
 purchasers, mortgagees, or creditors, unless the same 
 was registered, any notice of any such judgment, &c., 
 to any such purchaser, mortgagee, or creditor, in any- 
 wise notwithstanding." 
 
 It still, however, remained doubtful whether a pur- 
 chaser, with notice of a judgment not registered, would 
 be bound to the extent of the remedies under the 
 " Statute of Westminster," but this defect in the pre- 
 vious statutes was remedied in the next-mentioned Act. 
 
 By the 18 & 19 Vict. c. 15. sec. 4, it is provided J8&i9Vict. 
 that no judgment, &c., which might be registered under 
 the said Act of the 1 & 2 Vict., shall affect any lands, 
 &c., as to purchasers, mortgagees, or creditors, unless 
 and until such a memorandum or minute, as in the said 
 Act in that behalf mentioned, shall have been left with 
 the proper officer of the proper Court, any notice of any 
 such judgment, &c., to any such purchaser, mortgagee, 
 or creditor, in anywise notwithstanding. And by sec- 
 tion 5 the provision contained in section 2 of the 3 & 4 
 Vict. c. 82, is extended not only to the 1 & 2 Vict. c. 
 110, but also to the 4th section of the 2 & 3 Vict. c. 11, 
 as explained by this Act (i.e., the 18 & 19 Vict. c. 15), 
 so that notice of any judgment, &c., not duly re-regis- 
 tered, shall not avail against purchasers, mortgagees, 
 or creditors, as to lands, tenements, or hereditaments. 
 
 The 6th section, by way of explanation of the 4th ^°™ 
 
 Provisions 
 former 
 
 (k) Beavaii v. Earl of Oxford, 6 (I) Benham v. Keene, 1 John. & 
 
 De G. M. & G. 402. Hem. 685—708. 
 
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156 SEARCHES FOR INCUMBRANCES. 
 
 piaLai. section of the 2 & 3 Vict. c. 11, enacts that it shall be 
 sufficient to bind purchasers, mortgagees, and creditors, 
 if such a memorandum or minute as was required in 
 the first instance is again left with the Senior Master 
 of the Common Pleas within five years before the 
 execution of the conveyance, settlement, mortgage, 
 lease, or other deed or instrument vesting or trans- 
 ferring the legal or equitable right, title, estate, or in- 
 terest, in or to any such purchaser or mortgagee for 
 valuable consideration, or as to creditors within five 
 years before the right of such creditors accrued, as 
 directed by the said last-mentioned Act, although more 
 than five years shall have expired by effluxion of time 
 since the last previous registration before such last- 
 mentioned memorandum or minute was left, and so, 
 toties quoties, upon every re-registry. 
 filT™*^ Section 11 provides, that where any legal or equit- 
 mortgagees. able estate or interest, or any disposing power in or 
 over any lands, &c., shall, under any conveyance or 
 other instrument executed after the passing of the Act, 
 become vested in any person as a purchaser or mort- 
 gagee, such lands, &c., shall not be taken in execution 
 under any writ of elegit, or other writ of execution, to 
 be sued upon any judgment, &c., against any mortgagee 
 thereof who shall have been paid off" prior to or at the 
 time of the execution of such conveyance ; nor shall 
 any such judgment, &c., or the money thereby secured, 
 be a charge upon such lands, &c., so vested in pur- 
 chasers or mortgagees ; and the remaining part of the 
 section contains a similar provision as to crown debts. 
 '' Vtl""- ^y *^6 23 & 24 Vict. c. 38, sec. 1, it is provided that 
 jj^ — no judgment, statute, or recognisance to be entered up 
 St tods ^^*^^ *^® passing of the Act, shall aff'ect any land (of 
 ehi"e?r&e., ^^latever tenure) as to a bond fide purchaser for 
 oV^xeitfon' valuable consideration or a mortgagee (whether such 
 lelXed"* purchaser or mortgagee has notice or not of any such 
 judgment, &c.), unless a writ or other due process of 
 execution of such judgment, &c., shall have been issued 
 and registered as thereinafter mentioned before the 
 execution of the conveyance or mortgage to, him, and 
 the payment of the purchase or mortgage money by 
 him, yet so that no such judgment, &c., nor any writ 
 of execution, or other process thereon, shall affect any 
 
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SEARCHES FOB, INCUMBRANCES. ' 157 
 
 land as to a hand fide purchaser or mortgagee, although 
 execution or other process shall have issued thereon, 
 and have been duly registered, unless such execution 
 or other process shall be executed and put in force 
 within three calendar months from the time when it 
 was registered. The 2nd section provides that the 
 registry thereinbefore required of any writ of execution, 
 or other due process on any judgment, &c., in order to 
 bind a purchaser or mortgagee, shall be made by a 
 memorandum or minute referring to the judgment, &c., 
 already registered, so as to connect the registry of the 
 writ of execution or other process therewith, such 
 memorandum or minute to be left with the Senior 
 Master of the Court of Common Pleas at Westminster, 
 who shall forthwith enter the particulars in a book, in 
 alphabetical order, by the name of the person in whose 
 behalf the judgment, &c. , upon which the writ of exe- 
 cution, or other process issued, was registered, and also 
 the year and the day of the month when every such 
 memorandum or minute shall be left with him. 
 
 It has been decided that an equity of redemption is g™'*5"^;t 
 within the above Act, although it is incapable of being 
 taken in execution at law. A purchaser therefore of 
 an equity of redemption is not affected by a judgment 
 entered up between the 23rd of July, 1860, and the 
 29th of July, 1864 (the date of the passing of the next 
 mentioned Act), whether he has notice of it or not, 
 unless execution is issued and registered before the 
 completion of the purchase (m). ' 
 
 By the 27 & 28 Vict. c. 112, after reciting that it is sr&ssvict. 
 desirable to assimilate the law affecting freehold, copy- "-J^- 
 hold, and leasehold estates to that affecting purely Senft?' 
 personal estates in respect of future judgments, statutes, S it™^ 
 and recognisances, it is provided that no judgment to oxeSL.'" 
 be entered up after the passing of the Act {viz. the 
 29th of July, 1864) shall affect any land (of whatever 
 tenure) until the same shall have been actually de- 
 livered in execution by virtue of a writ of elegit or 
 other lawful authority in pursuance of such judgment. 
 By the 2nd section the term " land " is interpreted as 
 including all hereditaments corporeal or incorporeal, or 
 
 (m) WalHs v. Morris, 12 W. R. 997. 
 
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158 SEARCHES FOR INCUMBRANCES. 
 
 any interest therein. The 3rd section declares that 
 every writ or other process of execution of any such 
 judgment, &c., by virtue whereof any hereditaments 
 shall have been actually dehvered in execution shall be 
 registered in the manner provided by the 23rd and 
 24th Vict. c. 38, but in the name of the debtor instead 
 of the creditor, and that no other or prior registration 
 of such judgment, &c., shall be necessary for any pur- 
 pose. The 4th section provides that every creditor to 
 whom any hereditaments of his debtor shall have been 
 actually delivered in execution by virtue of any such 
 judgment, &c., and whose- writ or other process of exe- 
 cution shall be duly registered, shall be entitled, while 
 the registry of such writ, &c., shall continue in force, 
 to obtain from the Court of Chancery upon petition in 
 a summary way an order for the sale of his debtor's in- 
 terest in such land. The 5th section provides that if 
 it shall appear on making inquiries that any other debt 
 due on any judgment, &c., is a charge on such land, 
 the creditor entitled to the benefit of such charge 
 (whether prior or siibsequent to the charge of the peti- 
 tioner) shall be served with notice of the order for sale, 
 and shall after such order be bound thereby, and he is 
 to be at liberty to attend the proceedings, and the pro- 
 ceeds of the sale are to be distributed among the persons 
 who may be found entitled thereto according to their 
 priorities. And the 6th section provides, that every 
 person claiming any interest in such land through or 
 under the debtor by &,ny means subsequently to the de- 
 livery of such land in execution shall be bound by every 
 such order of sale. 
 tton'ofiMt- I* ^*s heevL decided that the last-mentioned Act 
 nientioned applios to aU iuterosts in land, whether extendible at 
 law or not. If therefore the debtor's property consists 
 of an equity of redemption or other equitable interest 
 which cannot be delivered in execution by the sheriff, 
 the judgment-creditor must, after issuing and register- 
 ing the writ of elegit, file a bill in equity, or (under 
 the new procedure) take proceedings in the Supreme 
 Court to remove the legal impediment, and the order of 
 the Court appointing a receiver, or giving other appro- 
 priate relief, will be a delivery in execution within the 
 Act ; and until such order is made, the creditor has 
 
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SEARCHES FOR INCUMBRANCES. 159 
 
 no lien on the land (n). In a case where a sheriff 
 seized an estate in remainder, calling it a reversion, it 
 was held that such seizure was void, estates in re- 
 mainder not being extendible at law ; and a petition 
 under sect. 4 for a sale grounded on such seizure was 
 disnaissed (o) ; but it is apprehended that a judgment 
 creditor may by an action (now substituted for a bill in 
 Chancery) obtain a decree for sale of a remainder, 
 and that such decree, if registered, would bind a 
 subsequent purchaser. 
 
 As a judgment creditor has under the new Act no Priority ot 
 lien on his debtor's land until the return by the sheriflF creKre as 
 to the writ placed in his hands, which return is the each other. 
 delivery of execution, it follows that the priority of 
 judgment creditors as between each other must be 
 determined by the date at which the writs upon the 
 respective judgments are placed in the hands of the 
 sheriflF,sothat a subsequent judgment creditor placing his 
 writ in the hands of the sheriff obtains a preference over 
 the prior creditor whose writ is subsequently issued (p). 
 
 If a writ of elegit is issued and registered and the 
 land delivered in execution thereunder after the debtor 
 has contracted to sell, but before the purchase is com- 
 pleted, the creditor will of course take subject to the 
 contract, but it is apprehended that he would be 
 entitled to be paid out of the purchase-money, and 
 that the purchaser could not safely pay the money to 
 the vendor (q). 
 
 The following propositions may be stated as the f^™^»^"„f,^j. 
 result of the above enactments : — """'''• 
 
 1. A purchaser will not be affected by any judgment j„agJient 
 entered up prior to the 23rd July, 1860, unless it hasj^y'^slo'* 
 been registered or re-registered within five years prior ^'^tered. 
 to the date of the purchase, whether he has notice of j^°'J/^T^«i^- 
 
 SUCh judgment or not. Ave years. 
 
 2. A purchaser will continue to be bound by a judg- RegisLtion 
 ment entered up prior to the 23rd July, 1860, and "^^.^riTrd 
 
 (n) Hatton v. Heywood, L. R. Eq, 298. 
 9 Ch. 229. See also Thornton v. (o) Re South, L. R. 9 Ch. 369. 
 Finch, 4 Giff. 575 ; re Cowbridge (p) Guest v. Cowbridge Railway- 
 Railway, L. R. 5 Eq. 413 ; Guest Co., L. R. 6 Eq. 619. 
 V. Cowbridge Railway Co., ib 6 (q) See Thornton v. Finch, 4 Giff, 
 Eq. 619 ; Becket v. Buckley, ib. 17 505. 
 Eq. 435; Wells ». Kilpin, ib. 18 
 
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160 SEARCHES FOR INCUMBRANCES. 
 
 friainflve duly registered or re-registered within five years prior 
 Stw°a" *o the date of his purchase,' although it may not be 
 qSent"?lis. subsoqucntly re-registered ; but, if he sells the land, 
 tratior. ^]jg sub-purchaser will not be bound by the judgment, 
 unless it is re-registered within five years prior to the 
 date of the sub-purchase. 
 Purchasers 3. Although & judgment entered up prior to the 
 noKot 23rd July, 1860, has been duly registered and re- 
 sSes w registered, a purchaser without notice of it is protected 
 Victoria. fj.Qj^ all the extended remedies conferred by the 
 Statutes of Victoria, and is only afiected by such judg- 
 ment to the same extent as he would have been affected 
 under the old law. Thus, if the subject of the pur- 
 chase be freeholds, only a moiety could be extended as 
 against a purchaser without notice ; if copyholds or an 
 equity of redemption, no part could be taken ; if lease- 
 holds for years, the purchaser would be safe, if the sale 
 was made before the writ was delivered to the sherifi"; 
 if the conveyance to the purchaser is made under the 
 execution of a power, he would not be affected by any 
 judgment entered up against the vendor subsequently 
 But such to the creation of the power. But however erood a 
 
 purchaser tit * ^ -i ^ • ^ -, . -*^ 
 
 hawa""' holding title a purchaser might thus acquire, it would 
 m^ketabie not be ono which he could force on a purchaser from 
 
 him, as it would be impossible to prove the fact that 
 
 he had purchased without notice (r). 
 hetwStoo ^- -^ judgment entered up between the 23rd July, 
 ^di8M I860 (the date of the passing of the 23 & 24 Vict. 
 iSigis-*^- ^^)> ^^d the 29th July, 1864, will not affect any 
 «™tJi?'^ purchaser, whether he has notice of it or not, unless it 
 
 UV6 y6ajTS| « ^ ^ « ^ « 
 
 tSn must' ^^ .''J registered or re-registered within five years 
 SSed'and ^^^9^ *° ^^^ completiou of the purchase, and unless a 
 registered, writ or othor process of execution shall have been 
 issued and registered prior to the completion of the 
 purchase, and unless such execution or other process 
 shall be put in force within three calendar months from 
 its registry. 
 
 judgi^ent J- ^.>^g^«^* entered up after the 29th July, 
 ISM wm'''' 1°^^^ ^^^^ ^°* altect any purchaser of land where the 
 
 (r) If a purchaser or his solicitor he would have discovered, if the 
 
 searches, it will be presumed that search had been properly made, 
 
 •he searched effectually, and he will Proctor v. Cooper, 18 Jur. 444 ; 
 
 be affected by any judgment wliich 2 Drew. 1. 
 
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SEAECHES FOR INCOMBRANCES. 16] 
 
 vendor's interest is extendible at law, whether he has not affect 
 notice of it or not, unless the land is actually delivered in S?vered\a 
 execution, i.e., unless the sheriff has made his return to *"°"'"'°' 
 the writ placed in his hands, and the writ is duly- 
 registered under the 27 & 28 Vict. c. 112, sec. 3, pre- 
 viously to the completion of the purchase. 
 
 '6. A judgment entered up after the 29th July, 1864, g 
 will not affect any purchaser of an equity of redemption, SSte° 
 an equitable interest in leaseholds, or other equitable bfjSd^-*^'^ 
 interest in land not extendible at law, whether he has "™^!'!^- 
 notice of it or not, unless a writ of execution has been i^'^^itn 
 issued and registered, and an order of the Court je|;^l.°5 '° 
 removing the legal impediment has been obtained. 
 
 7. A purchaser should search in the Common Pleas ^ 
 in the name of the vendor for judgments entered up ^^ches 
 against him before the 29th July, 1864, and such *°^^'i *"> 
 search should be made immediately before the com- 
 pletion of the purchase, and be carried back for a period 
 of five years, which will in all cases be sufficient. The 
 search for judgments should be brought up to the com- 
 pletion of the purchase, because although judgments 
 entered up after the 29th July, 1864, need not be 
 registered (s), judgments entered up before that time 
 require to be re-registered, and, if so re-registered, will 
 continue to bind the property. If upon such search a 
 judgment is found, which was originally entered up 
 before the 23rd July, 1860, its satisfaction or release 
 should be required, although no execution may have 
 been issued thereon ; but if a judgment is found which 
 w;as originally entered up between the -23rd July, 
 1860, and the 29th July, 1864, then a further search 
 should be made in the name of the creditor, to ascertain 
 whether any writ of execution thereon has been issued 
 and registered. If no such registered writ of execution 
 is found, or if one is found, but no action has been 
 taken thereon for three months from the registration, it 
 may be disregarded. The purchaser should also search 
 in the vendor's name for executions issued and regis- 
 tered against him since the 29th July, 1864, and should 
 require the release or satisfaction of any judgment 
 
 (s) 27 & 28 Vict. c. 112, sec. 3. 
 VOL. I. *' 
 
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162 SEAECHES FOR INCUMBRANCES. 
 
 upon which he shall find a writ of execution to have 
 been so issued and registered. Theoretically, a similar 
 search should be made, not only against the vendor, 
 but also against former owners ; but Mr. Dart states 
 that it is not usual in practice to do so, unless there 
 are special grounds for suspicion, not even on sales by 
 the Court of Chancery (t). 
 whraftod Under the Local Registry Acts, a judgment does 
 tM°onnt|?" iiot affect lands as to purchasers, &c., unless it is regis- 
 tered. These Acts and the Act of 1 & 2 Vict. c. 110, 
 are to be read together, and their joint effect is that a 
 judgment must be registered both in the Common 
 Pleas and in the Local Registry (u) ; but as the Local 
 Registry Acts contain no provision similar to that in 
 the Judgment Acts negativing the operation of the 
 rule of equity as to notice, a purchaser who has notice 
 of a judgment registered in the Conamon Pleas, but 
 not in the Local Registry, is bound by it (x). On the 
 other hand, judgments registered in thq Local Registry, 
 and not in the Common Pleas, do not affect purchasers 
 and mortgagees whether with or without notice. 
 
 It is to be observed, moreover, that as to lands 
 situate in Yorkshire, certain periods are allowed by the 
 local Acts to elapse between the entering up of the 
 judgments and the registration — i.e., as to lands in the 
 North Riding twenty days, and in the East and West 
 Ridings and in the town and county of the town of 
 Kingston-upon Hull thirty days {y) ; so that if a pur- 
 chase is made after a judgment is entered up and 
 registered in the Common Pleas, and subsequently to 
 the purchase and within the time allowed by the 
 Registry Acts, such judgment is duly entered in the 
 Local Registry, the purchaser, though without notice 
 of the judgment, will not be safe against it, at least so 
 far as regards the remedies of the judgment creditor 
 under the old law. 
 Proper It is evldont from what has been above stated, that 
 
 searcn wtien ^ 
 
 (0 V. & p. 451. 3 Sim. 307 ; Johnson v. Holdswortli, 
 
 (u) Westbrooke v. Blythe, 3 El. 1 Sim. N. S. 106 ; Benham v. Keene, 
 & Bl. 737 ; Hughes v. Lumley, ib. 1 John. & Hem. 685. 
 
 ^^K T XT T -NT o *., (y) 8Geo.2,c. 6, sec. 1; SAnne, 
 
 (x) Le Neve v. Le Neve, 3 Atk. c. 18, sees. 4, 11 ; 6 Anne, c. 35, 
 
 646—655 ; Davis v. Strathmore, sees. 19, 28 
 16 Ves. 419 ; Tunstall v. Trappes, 
 
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SEARCHES FOR INCUMBRANCES. 163 
 
 where the subject of the purchase is land in a register land is m 
 county, a search in the Common Pleas for judgments S" 
 is sufficient, but that, on the other hand, a purchaser 
 cannot be advised to search in the local Registry 
 alone, and to dispense with the usual five years' 
 search in the Common Pleas. It is true that, if upon 
 a sale by A. to B., B. searches the local Registry, 
 he will not himself" be affected by judgments not 
 entered there, of which he has no notice, although as 
 to lands in Middlesex he may make no search at all 
 in the Common Pleas, and as to land in Yorkshire, 
 though he may confine his search in the Common 
 Pleas to the period allowed by the local Acts to 
 elapse between the entering up of the judgment and 
 the registration ; yet, if he should afterwards sell the 
 same land to C, and C. should search in the Common 
 Pleas and find that within five years prior to the sale 
 by A. to B. judgments were registered there against 
 A., and have been since duly re-registered, it would 
 be difficult for B. to prove his own want of notice to 
 the satisfaction of C, and it might be questionable 
 whether C. would be compelled to complete the 
 purchase. 
 
 The local Acts do not provide for re-registration; 
 consequently if a purchaser should search in the local 
 Registry alone, he must carry back his search for 
 twenty years. 
 
 If the property is in a Register County, and the ^^"^^^p^'^, 
 judgment has been entered up between the 23rd of ?o^y._^ani 
 July, 1860, and the 29th of July, 1864, or subse- «p|^^^«^i^up^ 
 quently to the 29th of July, 1864, the above obser- e-^^t'"™!^' 
 vations as to judgments so far as relates to property 
 situate in a Register County must be taken in con- 
 nection with the Acts of the 23 & 24 Vict. c. 38 
 and the 27 & 28 Vict. c. 112, the operation of which 
 has already been discussed. 
 
 Although not strictly within the scope of this Dis- Effect of 
 
 n 1 • n nc 2. H J.1, T J Judgment 
 
 sertation, a few observations on the eiiect ot txie J uag- ^^^^ 
 ment Acts in regard to creditors, as between them- "" 
 selves, will probably be found useful. 
 
 The A.cts make registration and re-registration MOTi^^^of 
 necessary in order to make a judgment entered up c.jdito^^^ 
 before the 29th July, 1864, binding upon lands as to order of re- 
 in 2 
 
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164 SEARCHES FOB INCUMBRANCES. 
 
 creditors, as well as purchasers and mortgagees. There- 
 fore as between two creditors obtaining their judg- 
 ments before that date, their priorities depend on the 
 order of their registration, and such a judgment credi- 
 tor, having duly registered, must, in order to maintain 
 his priority, take care to re-register every five years. 
 But such a judgment creditor having duly registered, 
 retains his priority as against subsequent judgment 
 creditors becoming such within five years from the date 
 of such registration, although he may not subsequently 
 re-register (z). 
 Ecctrineof The doctriue of notice does not apply to iudsfment 
 betwMn^ "" creditors as between themselves ; consequently as to 
 ireS"' l^nds in a Register County, a creditor whose judg- 
 ment is registered in the Common Pleas, and also in 
 the local Registry, has priority over a judgment prior 
 in date, registered in the Common Pleas, but not in the 
 local Registry, although he may have notice of such 
 prior judgment (a). 
 wnen The Act 23 & 24 Vict. c. 38, sec. 1, makes execution 
 
 execution ' ' 
 
 suedoS"' necessary as to purchasers and mortgagees, but not as 
 to give to creditors, so that as between two iudament creditors 
 
 pnonty _ , ^ ' ,«JO 
 
 ISb3°° uent "^bose judgments were respectively entered up between 
 '?JftSr the 23rd of July, 1860, and the 29th of July, 1864, 
 the former is not obliged to sue out execution on his 
 judgment in order to preserve his priority against the 
 latter. But as regards judgments entered up subse- 
 quently to the 29th of July, 1864, the creditor who 
 first places the writ in the sheriff's hands has the 
 priority. 
 SgStration Previously to the 23 & 24 Vict. c. 38, it was not ne- 
 neeessaryto cessary to rcgistcr a judgment, in order to preserve its 
 Hg'^nte P^ioJ'ity o"^er the other debts of the deceased debtor, on 
 JiVtrattarof ^°- ^-dministration of his estate. Under sec. 3 of that 
 debtor's Act, uo judgment which has not been duly registered 
 23&24Vict. under the Judgment Acts, is to have any preference 
 imiT'' against heirs, executors, or administrators, in their ad- 
 ministration of their ancestor's, testator's, or intestate's 
 estates ; and under sec. 4, no judgment which has been 
 
 (z) Beavan v. Earl of Oxford, Bl. 274 ; Benham v. Keene, 1 John 
 6 De G. M. & G. 492. & Hem. 685. See also Neve v 
 
 (a) Hughes v. Lumley, 4 El. & Flood, 10 Jur. N. S. 667. 
 
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SEARCHES FOR INCUMBRANCES. 165 
 
 registered shall have any preference against heirs, exe- 
 cutors, or administrators in their administration, &c., 
 unless at the death of the testator or intestate five years 
 shall not have elapsed from the date of the registry or 
 last re-registry (6). 
 
 If, then, at the death of the debtor the judgment is ["a^"'"'"- 
 not duly registered, in the administration of assets it "^sets. 
 must be paid out of his personal and real estate pari 
 passu with his simple contract and specialty debts (c). 
 If, however, the judgment is registered within five years 
 before the death of the debtor, the debt will rank as 
 follows ; — as to the personal estate of the debtor the 
 judgment as a debt of record must be paid before his 
 simple contract and specialty debts ; as to the debtor's 
 real estate the priority of the judgment creditor, if his 
 judgment was entered up after the 29th July, 1864, will 
 depend upon whether he has actually taken the pro- 
 perty in execution, for if not, it is apprehended that 
 the judgment debt, and the simple contract and spe- 
 cialty debts, must be paid pari passu out of the real 
 estate, such real estate in that case being only equit- 
 able assets for the payment of all the debts. 
 
 The 3rd section of the 23 & 24 Vict. c. 38, does not 
 apply to a judgment entered up after the testator's or 
 intestate's death against his executor or administrator. 
 So that if a creditor after the debtor's death sues the 
 executor and obtains judgment, he acquires, notwith- 
 standing the Act, a priority over other creditors of equal 
 degree who have not shown the same diligence, and as 
 specialty and simple contract debts are now placed on 
 the same footing {d), a judgment against an executor 
 for a simple contract debt gives to such debt indirectly 
 priority over specialty debts (e). 
 
 In Simpson v. Morley {/), it seems to have been con- ^^f^'™''- 
 sidered that a decree for sale in an administration suit 
 gives to the creditors of the deceased an interest in his 
 land or an accruer of right within the meaning of sec. 4 
 of 2 & 3 Vict. c. 11, so that a judgment not registered 
 
 (6) See Simpson v. Morley, 2 K. («) Jennings u Rigby, 33 Beav. 
 
 & ,j 71, 198. lie Wflliams's estate, L. R. 
 
 •c) Re Turner, 33 L. J. Ch. 232. 15 Eq. 270. 
 
 !) Stat. 32 & 33 Vict. c. 46. (/) 2 K & J. 71. 
 
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166 SEARCHES FOR INCUMBRANCES. 
 
 or registered within five years before the dat^ of such 
 decree, loses its priority over the other debts. In order, 
 therefore, to preserve the priority of a judgment to any 
 extent in the administration of the assets of the de- 
 ceased debtor, it must be registered, or re-registered 
 within five years before his death, and should again 
 be re-registered after his death at the expiration of 
 five years from such registry or last re-registry in his 
 lifetime (g). 
 
 II. Crown Debts. 
 
 Crown dews A debt by simple contract to the Crown, as such, is 
 or by no charge on the land of the debtor ; but when it 
 becomes in effect a debt of record, then, like all Crown 
 debts upon record or by specialty, it becomes an im- 
 mediate lien on all the debtor's freehold property, 
 including equities of redemption and other equitable 
 interests, rents, impropriate tithes, estates tail in the 
 seisin of the issue in tail, but not after a bond fide 
 alienation by the issue, &c. But copyholds are not 
 extendible by Crown process, and chattels real are 
 only bound from the teste of the extent. 
 
 Crown debts cannot be defeated by the execution of 
 a power iji) ; but the Crown is bound by all interests 
 actually created before the Hen of the Crown has 
 attached, and this would include an equitable mortgage 
 by deposit of title deeds {i). 
 t-^^™^ An accountant to the Crown is a debtor by specialty 
 to the Crown, so that any person who accepted office 
 before the 5th July, 1865, could not dispose of any of 
 the freehold lands which he may possess during the 
 period of his accountantship without a certificate of 
 discharge from the Commissioners of Her Majesty's 
 Treasury (^). 
 totgSa. By the 8th section of the 2 & 3 Vict. c. 11, it is 
 t'™- enacted that no judgment, &c., thereafter to be ob- 
 tained or entered into in the name or upon account 
 
 {g) As to judgments in Ireland, Ex. 77. 
 
 see 3 & 4 Vict. c. 105 ; 7 & 8 Vict. (i) Casberd v. Attomev-General 
 
 c. 90 ; 12 & 13 Vict. c. 95 ; 13 & 14 6 Price, 411. 
 
 Vict. c. 29. (k) 13 Eliz. c. 4 : 2 & 3 Vict c 
 
 ih) Reg. V. Ellis, 19 ii. J. (N. S.) 11, sec. 10. 
 
 cannot be 
 defeated "by 
 execution of 
 power. 
 
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SEARCHES FOR INCUMBRANCES. 167 
 
 of her Majesty, or inquisition by which any debt 
 should be found due to her Majesty, or obligation or 
 specialty thereafter to be made, or any acceptance of 
 office thereafter to be accepted by officers whose lands 
 shall thereby become liable for the payment of ar- 
 rearages under the Act of the 1 3 Eliz. c. 4, shall affect 
 any lands, &c., as to purchasers or mortgagees, until 
 a memorandum containing the particulars thereby pro- 
 vided is left with the Senior Master of the Court of 
 Common Pleas, who shall forthwith enter the same 
 particulars in a book to be intituled "The Index to 
 Debtors and Accountants to the Crown." 
 
 Prior to the 22 & 23 Vict. c. 35, it was not neces- Provision 
 
 tor rG^rGds^ 
 
 sary to re-register Crown Debts ; but by s. 22 of that ^^^J^jJ"^ "'■ 
 Act, it was provided that from and after the 31st of dewsM^to 
 December, 1859, the provision for the re-registry of mortgaeecs, 
 judgments, &c., contained in the 2 & 3 Vict. c. 11, creditors, 
 as explained and amended by the 18 & 19 Vict. c. 15, 
 should extend to every such judgment, &c., as by sec- 
 tion 8 of the 2 & 3 Vict. c. 11, was required to be 
 registered, so that it should be obligatory on the 
 Crown, in order to bind the lands, &c., of its debtors 
 or accountants as against purchasers, mortgagees, or cre- 
 ditors becoming such after the 31st of December, 1859, 
 to re-register, in like manner, as it was obligatory on 
 a private person, and so that notice of any such judg- 
 ment, &c., not duly registered should not avail against 
 purchasers, mortgagees, or creditors becoming such 
 after the 31st day of December, 1859, as to lands, &c., 
 and that this provision should apply to every such 
 judgment, &c., as since the passing of the 2 & 3 Vict, 
 c. 11, had been registered under the provisions therein 
 contained, or should thereafter be so registered. 
 
 As to the question of notice, the 22 & 23 Vict, c _^ 
 35, provided that purchasers, &c., should not be bound orown 
 by a Crown debt not duly re-registered, although he 
 might have notice of the debt ; but there is no pro- 
 vision in any former statute dispensing with the conse- 
 quence of notice in the case of a purchaser or mort- 
 gagee from a Crown debtor becoming such within 
 five years after the original registration of the Crown 
 
 debt. 
 
 It will be observed that the 2 & 3 Vict. c. 11, sec. o/^grt^'^^^ 
 
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 Eftfect of 
 notice as to 
 
168 SEARCHES FOR mCUMBRANCES, 
 
 of Crown 4^ made the registry of Crown debts necessary only as 
 madeneces- to purchasers and mortsfagees, whilst the 22 & 23 Vict. 
 
 saryasto r i> O ' n r^ Jlj. 
 
 creditors, c. 35, SGc. 22, made the re-registry oi Orown debts 
 necessary as to creditors as well as purchasers and 
 mortgagees ; so that, according to the literal construc- 
 tion of the two Acts taken together, it was not neces- 
 sary that Crown debts should be originally registered 
 so as to preserve the lien of the Crown as against 
 creditors ; but if the Crown debt had been once regis- 
 tered, when the time had arrived for its re-registration, 
 it must then be re-registered so as to be binding upon 
 subsequent creditors. All that can be stated with 
 certainty on this subject is, that if a Crown debt dated 
 prior to the 5th July, 1865, has been once registered, 
 but not duly re-registered, it will lose its priority with 
 reference to all judgments of the Crown debtor which 
 have been entered up subsequently to the period when 
 the Crown debt ought to have been re-registered, and 
 which are registered before the registry of the Crown 
 debt, and that in every such case the fact of the judg- 
 ment creditor having notice would be immaterial (l). 
 
 As to Crown As to Crowii dcbts dated Bubsequently to the 5th 
 
 debts since , -it, 
 
 28&|9Vict. July, 1865, however, it is enacted by the 28 & 29 
 Vict. c. 104, s. 48, that any judgment, &c., obtained 
 after that date by or on behalf of the Crown, or any 
 obligation or specialty made after that date to the 
 Crown, or any acceptance of office accepted after that 
 date from or under the Crown, shall not affect any 
 lands as to a bondjide purchaser or mortgagee, whether 
 he have notice or not, unless a writ of extent or other 
 process of execution thereon is issued and registered 
 before the execution of the conveyance, &c., and the 
 payment of the purchase or mortgage-money ; and the 
 49th section prescribes the mode of registration of the 
 writ or other process in the Common Pleas. 
 
 It follows that the purchaser should search in the 
 Common Pleas for Crown debts against the vendor 
 for the five years immediately preceding the com- 
 pletion of the purchase, and if on such search any. 
 Crown debts are discovered dated before the 5th July, 
 
 (I) For further information on deaux's Treatise on Judgments and 
 the subject of judgments and Crown Crown Debts, as tliey affect real pro- 
 debts, the reader is referred to Pru perty, 4th ed. 
 
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SEARCHES FOE, INCUMBRANCES. 169 
 
 1865, their release should be required. He should 
 also search in the same office for registered extents 
 and executions upon Crown debts obtained subse- 
 quently to that date. 
 
 III. Ids pendens. 
 
 A person who purchases during the pendency of a ^^^ pendens, 
 suit relating to the subject of his purchase, is bound 
 by the decree that may be made against the person 
 through whom he derives title, whether he has notice 
 of the pending proceedings or not (m) ; in other 
 words, .neither party to a litigation can alienate the 
 property in dispute so as to affect his opponent. The 
 doctrine of lis pendens is founded, not upon any 
 peculiar principles of a Court of Equity as to implied 
 or constructive notice, but is common to Courts both 
 of Law and Equity, and rests upon this foundation, 
 that it would be impossible that any action or suit 
 could be brought to a successful termination if aliena- 
 tions pendente lite were permitted to prevail. 
 
 With regard to the application of the doctrine, it ^e pending- 
 should be borne in mind, first, that the suit must be 
 pending, for there is no such doctrine as that a de- 
 cree of a Court is to be deemed implied notice to a 
 purchaser after the cause is ended in) ; and, secondly, Pnrchaser 
 
 ■1 1 • 11 1 1 ' 1 1 1 • 1 °"'y bound 
 
 that the purchaser is only bound by rights ascertained ll^f^l^ 
 in the suit affecting the estate itself which he pur- *J^^«^*«'« 
 chases. Thus in Worsley v. Earl of Scarborough (o), 
 it was held that where money is secured on an estate, 
 and there is a question depending in the Court upon 
 the right of or about that money, but no question 
 relating to the estate whereon it is secured, a pur- 
 chaser of the estate pending the suit without actual 
 notice is not affected by the decree. Again, in Bel- 
 lamy V. Sabine (p), a person took a rhortgage from one 
 of the defendants in a pending suit, and it was held 
 that he was not affected by an equitable title of 
 another defendant which appeared on the face of the 
 
 (m) Bishop of AVinchcster «. man, 1 R. & JI. 617. 
 Payne, 11 Ves. 194, 197. (o) 3 Atk. 391. 
 
 (n) 3 Atk. 391 ; Kinsman v. Kins- (p) 1 De Q. & Jones, .584. 
 
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170 SEARCHES FOE INCUMBRANCES. 
 
 proceedings, but of wliicli such mortgagee had not 
 notice, and to which it was not necessary for any of 
 the purposes of the suit to give effect. Turner, L. J., 
 in the course of his judgment distinguished the case 
 from one where the rights of the plaintiff might re- 
 quire that there should be an adjudication between the 
 defendants. In Tyler v. Thomas (q), which was a 
 creditor's suit for the administration of a testator's 
 estate, a decree was made for payment of the debts 
 out of an estate devised to A., without prejudice to his 
 right to contribution out of an estate devised to B., and 
 after such decree B. mortgaged to C, who had no 
 notice of A.'s rights ; it was held that the doctrine of 
 lis pendens applied, and C. was postponed to A. 
 
 Notice of a lis pendens is not an incumbrance. If 
 therefore the claim in respect of which the suit is insti- 
 tuted is unsustainable, a purchaser cannot refuse to 
 complete on account of the pending of the suit (r). 
 Lis pendens The 2 & 3 Vict. c. 11, scc. 7, provldss that no lis 
 
 must be - ini"i i ' i 
 
 registered, pendens shall bind a purchaser or mortgagee, without 
 express notice thereof, unless and until a memorandum 
 or minute containing the name and the usual or last- 
 known place of abode, and the title, trade, or profes- 
 sion of the person whose estate is intended to be 
 affected thereby, and certain other particulars shajU be 
 left with the Senior Master of the Court of Common 
 Pleas, who shall enter the same in a book, in alpha- 
 betical order, by the name of the person whose estate 
 is intended to be affected ; and the provisions for re- 
 entering judgments every five years are extended to 
 lis pendens. 
 
 IV. Annuities. 
 
 and rent ^J ^^^ 18 & 19 Vlct. c. 15, soc. 12, it is provldod 
 miwtbe ^^^^^ ^^y annuity or rent-charge granted after the 
 registered, passiug of the Act, othorwise than by marriage settle- 
 ment, for one or more life or lives, or for any term of 
 years, or greater estate determinable on a life or lives, 
 shall not affect any lands, &c., as to purchasers, mort- 
 gagees, or creditors, unless and until a memorandum 
 
 (j) 25 Beav. 47. (r) Bull v. Hutchons, 9 Jur. 954. 
 
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SEARCHES FOE INCUMBRANCES, 171 
 
 or minute containing the name and the usual or last- 
 known place of abode, and the title, trade, or pro- 
 fession of the person whose estate is intended to be 
 affected thereby, and the date of the deed, bond, in- 
 strument, or assurance whereby the annuity or rent- 
 charge is granted ; and the annual sum or sums to be 
 paid shall be left with the Senior Master of the Court 
 of Common Pleas at Westminster, who shall forth- 
 with enter the particulars in a book in alphabetical 
 order, by the name of the person whose estate is to be 
 affected ; but by the 14th sect, the provisions of the 
 Act are not to extend to annuities or rent-charges 
 given by will. 
 
 It follows from what has been stated above, that the what 
 usual searches to be made by a purchaser in the Common should bo 
 Pleas Registration Office, are 1st, for judgments and lis 
 pendens ; 2nd, for Crown debts ; 3rd, for executions and 
 extents, &c. ; and 4th, for annuities. The first three 
 searches should be confined to the five years preceding 
 the search, but the search for annuities should be for the 
 whole period since the registry was established, viz., 
 1855; and in the absence of special grounds for sus- 
 picion, it is usual to make such searches against the 
 vendor only, and not against former owners. 
 
 All judgments, &c., of the Palatine Courts, and*^;^^^^.^ 
 every lis pendens in such Courts, in order to afiect any J^p^f '"« 
 lands, &c., as to purchasers, mortgagees, and creditors, 
 must be registered and re-registered in the Common 
 Pleas of those counties, in the same manner as is pro- 
 vided by the Acts of Victoria as to judgments, &c., of 
 the Courts at Westminster, obtained before the 23rd 
 July, 1860, so that when the subject of purchase is 
 property situate in a palatine county, the Palatine 
 Court of Common Pleas, as well as the Common Pleas 
 at Westminster, should be searched for five years (s). 
 
 If the circumstances of the vendor are such as to give gj^J-^^^" 
 ground for suspicion that he may have been made a court 
 bankrupt, a search for his name should be made in 
 the Rolls of the Bankruptcy Court. 
 
 A solicitor, for his own security, should not omit to soiMtor^^ 
 make the usual searches, unless he is specially autho- °™t ^ 
 
 (s) 1 & 2 Vict. c. 110, sec. 21 ; 15 & 19 Vict. c. \b, sees. 1, 2, 3, 7, 9. 
 
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172 PURCHASE DEEDS. 
 
 rised or directed in writing by his client not to do so ; 
 
 and if the title is laid before counsel, who advises that 
 
 a particular search should be made — as, for instance, 
 
 a search for the purpose of ascertaining whether the 
 
 vendor has been made a bankrupt — the solicitor should 
 
 make the search so directed. 
 
 Inquiry of In addition to the searches above directed, an inquiry 
 
 andseaioh should alwajs bc made of the tenant (if any) of the 
 
 r^iB^try property, as to the nature and terms of his tenancy ; 
 
 and it may be frequently desirable to make a search in 
 
 the Land Registry Office for rent-charges, &c., which 
 
 may have been created under the powers of " The 
 
 Improvement of Land Act, 1864 " [t). 
 
 iiKiiiiries Where the subject of sale or mortaraffe is a chose in 
 
 as to notice . „ -•'.. „.°c3 
 
 on sale or actiou ot any description, as tor instance, personalty 
 
 mortgage ^. *' ii • " 
 
 acuoT^" "^fis^sd. m trustees, a debt, or policy of insurance, &c., 
 inquiry should be made of the legal holder or holders 
 as to what notice they have received of prior incum- 
 brances, and also notice should be given to them of the 
 purchase or mortgage as soon as the transaction is 
 completed. The rule in such cases is, that of two 
 purchasers or incumbrancers, the one who gives 
 priority of notice is entitled to preference. 
 
 III.— PURCHASE DEEDS. 
 
 Division of In this Dissertation it is proposed to consider : — 1. 
 
 the subject, ^^w -\ n ^^-itt 
 
 ihe mode ot assurance of freehold estates. 2. The 
 mode of assurance of copyhold estates, and other 
 matters relating to copyholds. 3. The disabilities of 
 certain persons in regard to the sale and purchase of 
 land. 4. The form and ordinary parts of a deed of 
 conveyance, the covenants to be entered into therein, 
 and some other matters relating to the conveyance. 
 5. The arrangements to be made on a purchase in 
 relation to the custody of the title deeds, attested 
 
 (0 27 & 28 Vict. 0. 114 ; see also 33 & 34 Vict. c. 56 ; 38 & 39 Vict. 
 c. 8, sec. 123. 
 
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PURCHASE DEEDS. 173 
 
 copies, &c. 6. By whom the expenses of and inci- 
 dental to the conveyance are to be borne. 7. The 
 stamps on the conveyance. 
 
 I. The mode of assurance of freehold estates. 
 
 A feofiinent with Hvery of seisin was the ancient Peoffment 
 mode of conveying a freehold estate in possession in mode"of ^ 
 corporeal hereditaments, while incorporeal heredita- freehold"? 
 ments, such as rents, advowsons, reversionary interests 
 in freeholds, &c., being incapable of livery, were trans- 
 ferred by grant : hence the distinction between corpo- 
 real and incorporeal hereditaments, that the former 
 were said to lie in livery, the latter in grant. Subse- 
 quently to the Statute of Uses, the same object as to 
 corporeal hereditaments was effected by a bargain 
 and sale by deed enrolled within six months, the 
 bargain and sale in equity raising the use and the 
 sfatute transferring the legal estate to the bargainee. 
 But as the Act {u) which made enrolment of the deed 
 necessary related only to estates of inheritance or 
 freehold, chattel interests in land were not included in 
 its operation. Accordingly, the mode of conveyance ^^^^se and 
 by lease and release was adopted, which at once got 
 rid of both the inconvenient ceremonies of livery of 
 seisin and enrolment. After the passing of the Statute 
 of Uses, this mode of conveyance operated as follows : 
 the lease was a bargain and sale for a year made to 
 the purchaser in consideration of a nominal sum, by 
 which he became without entry legal tenant in pos- 
 session for one year under the Statute. The purchaser 
 being by this means put in possession of the property, 
 a reversion only was left in the vendor. This reversion 
 being a proper subject of release at common law, was 
 by a deed dated the next day released to the purchaser. 
 
 By the Act of the 4 & 5 Vict. c. 21, a release alone statatory 
 was made effectual for the conveyance of lands, pro- 
 vided the deed was expressed to be made in pursuance 
 of that Act : and now, by the 8 & 9 Vict. c. 106, sec. 2, 
 all corporeal hereditaments are made to lie in grant as G^ant. 
 
 (tt) 27 Hen. 8, c. 16. 
 
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174 PURCHASE DEEDS. 
 
 well as livery, so that there is no further occasion to 
 make the conveyance by a release grounded on a lease 
 for a year, or to refer to the Act passed for dispensing 
 with a lease for a year. Whilst, then, reversionary 
 interests in freeholds pass by grant at common law, 
 freehold hereditaments in possession will now pass by 
 statutory grant. 
 
 II. llie mode of assurance of copyhold estates, and 
 other matters relating to copyholds. 
 
 Mode of The usual mode of alienating copyholds is bv a 
 
 copyholds, surrender into the hands of the lord of the manor of 
 which the lands are held, and the consequent admit- 
 tance of the purchaser, by whom a fine is paid. The 
 fine is either certain or arbitrary ; but, if arbitrary, 
 must be reasonable, which has been defined to mean, 
 must not (except, perhaps, on the admittance of joint 
 tenants) exceed two years' improved value of the 
 land [x). These proceedings are formally entered on 
 the Court Rolls, and a copy of the Court Rolls is 
 SSsion delivered to the purchaser. The admission should -be 
 made in strict accordance with the terms of the sur- 
 render (y) ; and if there is any variation, the admittance 
 will operate according to the surrender (z). Until 
 the admission of the surrenderee, the surrenderor 
 remains tenant to the lord. 
 Surrender The Surrender may be made either in Court or out 
 made'^Si of Court. If made in Court it is entered on the Court 
 SfoSirt™* Roll's, and a copy of the roll, so far as relates to the 
 surrender, is made by the steward, stamped with the 
 proper ad valorem duty, and delivered to the pur- 
 chaser. If made out of Court, a written memorandum 
 is made of the proceedings, signed by the parties and 
 the steward ; and the surrender, all presentments 
 being now dispensed with, is forthwith entered on the 
 Court Rolls (a). 
 Purchase of Copyholds, when purchased by a corporation which 
 by^'rai^'ora- is empowored to hold land, should be surrendered to 
 
 (x) 1 Watk. Cop. 308 ; Scri. Cop. (z) Sen. Cop. 312. 
 317. (a) Win. Real Prop. 358, 9tli ed ; 
 
 {y) Hawai'd v. Eaw, 6 H. & N. 4 & 5 Vict. c. 35, ss. 89, 90 
 308. 
 
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 tion, 
 
PURCHASE DEEDS. 175 
 
 trustees for their benefit, and not to the corporation 
 directly, as the lord would be justified in refusing ad- 
 mittance to a body who could not discharge the services, 
 and the effect of which admittance would also be the 
 loss of the fines consequent upon death (b). 
 
 If the legal estate in copyholds is vested in a trustee °™"j.^te 
 by admission, he is the tenant, and is consequently re- ^^ **"""*• 
 sponsible to the lord for the performance of the feudal 
 services, and the customary fines will be payable on 
 his death and alienation, and not on the death or 
 alienation of the equitable owner. 
 
 Joint-tenants are but one tenant to the lord, and co- of'j^^j!"" 
 parceners are but as one heir ; so that the admission of Quants, &c. 
 one of many joint-tenants or coparceners is the ad- 
 mission of all. They are consequently admitted on the 
 payment of one fine (c) ; and on such an admittance it 
 would seem that in the absence of special custom the 
 steward is only entitled to one fee (d). Joint-tenants 
 or coparceners, when once admitted, can, without the 
 payment of any additional fine, release their share to 
 each other by deed of release. Where two out of 
 three devisees in trust of copyholds released by deed 
 their shares to the remaining trustee, the lord was 
 held to be entitled only to a single fine on the ad- 
 mission of the remaining trustee, and the deed of 
 release was held to operate as a disclaimer by the 
 releasors of their right to be admitted (e). 
 
 Tenants in common, on the other hand, must be ad- ^^°™J^'" 
 mitted severally, and a fine must be paid in respect of '"'■ 
 the share of each. On the death of tenants in common ^/"'f^'"" 
 and coparceners, as there is no survivorship, their heirs If^^^l 
 and representatives must be admitted, and pay several 
 fines for the shares to which they respectively may be 
 admitted (/). 
 
 If copyholds are limited to A. for hfe, or for a less ^f^^^^ 
 interest, and to one person or several persons by way ^^f^^^^ 
 of remainder, the admission of the tenant for the par- J^^^ji™."' 
 
 in common. 
 
 ision 
 f tenant 
 
 n 
 
 1 Watk. Cop. 299. on the admittance of a substituted 
 
 Scri. Cop. 347. trustee under the Trustee Acts, 
 
 (d) Traherne v. Gardener, 5 El. & where the devisee of the original 
 ■Ql 9J3 trustee disclaimed, see Bristow v. 
 
 (e) Wellesley v. Withers, 4 EI. & Booth, L. R. 5 C. P. 80. 
 
 Bl. 750. See Bence v. Gilpin, L. E. (/) Scri. Cop. 297 ; 1 Watk. Cop. 
 
 3 Exeh. 76. As to the fines payable 82. 
 
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devise. 
 
 176 PUEOHASE DEEDS. 
 
 ticular estate is generally the admission of all in re- 
 mainder, and one fine is payable in respect of such 
 admittance, although it may be apportioned between 
 the tenant of the particular estate and remainder- 
 man, so that the remainder-man may pay his propor- 
 tion of the fine on coming into possession (g). But 
 where a testator directed his executors to sell his 
 copyholds after the death of the tenant for life, it was 
 considered by the Master of the Rolls that the pur- 
 chaser from them was not a remainder-man in such a 
 sense as that the admission of the tenant for life enured 
 for his benefit (h). 
 
 Where by special custom a fine is payable by the 
 remainder-man on his coming into possession, it appears 
 that the remainder-man should be admitted (i). If, 
 however, the whole fine is payable by the tenant for 
 life, no fine can be paid on the accession of the re- 
 mainder. 
 Executory lu a casc {h) whcrc copyholds were devised to the 
 ' testator's son, subject to an executory devise over in 
 
 case of his death without leaving issue, and the son 
 was admitted and paid a fine, and then died without 
 leaving issue, it was held by V.-C. Kindersley that the 
 admittance of the primary devisee wa's the admittance 
 of the executory devisee, and that the lord had no 
 right to any further fine. On appeal, a custom was 
 proved to exist for devisees in remainder to come in 
 and be admitted and pay a full fine ; and thereupon it 
 was held by the Lords Justices that the lord was en- 
 titled to a full fine from the executory devisee ; and the 
 decision of V.-C. Kindersley was reversed. 
 
 In a case where copyhold land was devised to trus- 
 tees for a term of years, and subject thereto to A. in 
 fee, and the lord admitted A. " according to the pur- 
 port and eff'ect of the will," who paid a full fine, it was 
 held that the lord could not afterwards insist on the 
 admittance of the trustees {I). 
 
 (g) Scri. Cop. 294 ; Smith v. Glas- R. 419. 
 
 cock, 27 Law J. C. P; 192. {h) Eandfield v. Randfield, 1 
 
 (A) Seaman v. Woods, 24 Beav. Drew. & Sm. 310 ; on appeal, 31 
 
 372, 379. Law J. (N. S.) Ch. 113. 
 
 (i) 1 Watk. Cop. 360 ; Doe d. {I) Everingham v. Ivatt, L. R. 
 Whitbread v. Jenning, 8 East, 522 ; ■ 7 Q. B. 683 ; 8 ii. 388. 
 Richardson v. Kensit, 6 Scott, N. 
 
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POKCHASE DEEDS, 177 
 
 A remainder-man or a reversioner being in the sumnderby 
 seisin, is able to surrender his interest, and if a re- man. or re- 
 
 i . T 1 • 1 T I • versioner. 
 
 mamder-man or reversioner die during the continuance 
 of the particular estate his heir must be admitted and 
 pay a fine, but the heir may surrender before his ad- 
 mittance. A surrender, however, by a surrenderee 
 before his admittance is void (m). If the surrenderee 
 of a remainder dies during the continuance of the par- 
 ticular estate, his heir can claim to be admitted on 
 payment of a single fine (?i). 
 
 No fine is payable by a reversioner on the estate '^°';";^ 
 falling into his possession, but he can re-enter in virtue '"''■''^''■ 
 of the old seisin. In a case where a devisee for life 
 of copyholds had paid on his admittance a full fine as 
 on an admittance in fee, and the heir of the devisor 
 had surrendered his reversion : it was held, that the 
 lord could not be compelled to accept and enrol the 
 surrender without payment of the fine payable in 
 respect of the descent on the heir (o). 
 
 On the death of a tenant in possession intestate, S,"i'J"t't^a_ 
 the heir must come in and be admitted, or the lord^JJ""''"''^' 
 may seize the lands into his hands quousque after 
 proclamation has been made at three consecutive 
 courts ( p) ; and if the lord holds under such a seizure 
 for forty years, the heir's right to compel admittance is 
 gone (q). 
 
 Where property is in settlement, and an admission ^_;^;«^^\™j. 
 takes place on the appointment of new _ trustees, the meE'new 
 fine payable in respect of such admission must be 
 borne by the particular estate and the estates in 
 remainder, in proportion to the value of such estates 
 respectively (r). 
 
 Where copyholds were devised to trustees for certain f/^^^^^J""" 
 persons who sold the copyholds, and the purchaser was 
 
 (m) 1 Watk. Cop. 81. sees. 108—111, contain provisions 
 
 (n) Garland v. Alston, 4 Jur. N.S. to meet the case ot the heir, &c., 
 
 gog being an infant, married woman, 
 
 (()) Oueen v. The Lady of the lunatic, or idiot. 
 
 Manor of Dnllingham, 8 Ad. & El. (?) Walters ., Webb L. E 5 C. 
 
 885 ; Evelyn r. Wor.sfold, 15 L. A. 531 ; 3 & 4 W. 4, c. 27, sees. 
 
 '^'(v) Scri Cop. 226, 5th Ed. ' (r) Carter v. Sebright, 26 Beav. 
 The 11 Geo. 4 & 1 Will. 4, c. 65, 374. 
 sees. 5—9, and 16 & 17 Vict. o. 70, 
 
 VOL. I. 
 
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178 PURCHASE DEEDS. 
 
 admitted on the surrender of tlie customary heir, the 
 purchaser was held entitled to call for a release from 
 the trustees of their bare right to be admitted (s). 
 
 statute of ijij^e Statute of Uses does not extend to copyholds, 
 so that if a surrender is made to the use of A. in trust 
 for B., A. is the person to be admitted, and B. has only 
 an equitable estate. 
 
 statute ie rp]^g Statuto Dc Douis doos not apply to copyholds,, 
 so that unless the custom of the manor authorises the 
 creation of entails, all legal limitations of copyholds in 
 the form of an estate tail -would only be conditional 
 fees. And a trust of copyholds can only be entailed 
 where there is a custom to entail the legal estate [i). 
 
 SterS An equitable interest in copyholds may be assigned 
 by deed {u), but it cannot be surrendered except for 
 the purpose of barring an estate tail {x). 
 
 Leases of Copvholds cau oulv be leased by the copyholder for 
 
 COT)VllOld,S JLt/ t/ ^«/ J.«/^ 
 
 one year, or for any less period, without the licence of 
 the lord, unless there is a custom in the manor enabling 
 the tenant to lease for a longer period ; and an actual 
 lease without licence for any period not warranted by 
 the custom of the manor would operate as a forfeiture. 
 Forfeiture Copyholds may also be forfeited by the tenant's volun- 
 &c. ' tary or permissive waste, such as pulling down houses, 
 cutting down trees, digging for mines, failing to keep 
 the property in good repair, or any other act or 
 omission whereby the property should become deterio- 
 rated. A forfeiture may also be incurred by neglect 
 to attend the customary court after being summoned, 
 or by a refusal to pay the fine when certain or reason- 
 able, or the customary rent when demanded, or by the 
 tenant wilfully withholding his services, &c. (z). 
 Equity, however, will in certain cases relieve against 
 a forfeiture (a), though not against a voluntary act, 
 nor unless a compensation can be made to the lord (b). 
 Free benoi. The widow of a copyholder is not dowable except by 
 custom. Customary dower is usually called free bench, 
 
 (s) Steele v. Waller, 28 Beav. (x) 3 & 4 W. 4, c. 74, sec. 50. 
 
 466. (») Son. Cop. 434, et seq.' ; 1 
 
 («) Lewin's Trusts, p. 46. Watk. Cop. 396, et seq. 
 
 (ii) 1 Scri, Cop. 262; King v. (a) See Andrews u.Hulse, 4 K.& 
 
 Lord of Manor of Hendon, 2 Term J. 392. 
 
 Kep. 484. (6) 1 Watk. Cop. 422. 
 
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PURCHASE DEEDS. 179 
 
 and depends upon the custom of the particular manor. 
 It is generally limited to the lands' of which the hus- 
 band dies seised, but sometimes it extends to all the 
 lands of which he is seised at any time during the 
 coverture. In most manors the widow's right to free 
 bench is confined to one-third of the land, sometimes it 
 extends to some other part, and sometimes to the 
 whole. It is generally for the life of the widow, but 
 sometimes during widowhood only (c). 
 
 A widow is not entitled to free bench out of a trust '^^^i^'^;^^^ 
 of copyholds (c?), nor out of copyholds of which herofatmst. 
 husband is surrenderee, but dies before admittance (e). 
 And free bench may generally be defeated by the 
 alienation of the husband by an act inter vivos, or even 
 by his contract for sale (/), or by the surrender of the 
 husband, although the admittance of the surrenderee 
 may not take place until after the husband's death [g). 
 
 When a testator has in view an immediate con- 1^^^^ 
 version of his copyhold lands, it is usual, instead of "<>?« *« seii. 
 
 , , ^^ ' PI T and scheme 
 
 devismg them to trustees upon trust lor sale, to direct J'J^^^^'gg^ 
 or authorise the trustees to sell them, in order to save 
 the necessity of a double admittance and a double fine, 
 for, in the event of the property being sold under such 
 a direction, the purchaser is entitled to be admitted on 
 the payment of a single fine {li). 
 
 A surrenderee cannot surrender before his admit- 1^™^'=™^ 
 
 tance {i). admittance. 
 
 The lord, however limited his interest may be, can 
 accept surrenders and make grants of copyholds held 
 of the manor as fully as if he were seised of the 
 manor in fee, and if, after having accepted a sur- 
 render his interest should determine before admit- 
 tance, his successor would be compelled to admit the 
 surrenderee {j). 
 
 The tenure of copyholds may be changed, so as to i^^'J^^J''*"'- 
 alter their character entirely, by the lord's enfranchise- copyiioids. 
 ment ; but in order to make an absolute enfranchise- 
 
 'c) Scri. Cop. 72, 73. Qi) Glass v. Bichardaon, 2 De G. 
 
 ^d) Scri. Cop. 75. M. & G. 658 ; Reg. v. Wilson, 9 
 
 *e) Smith v. Adams, 5 De G. M. Jui. N. S. 439. 
 
 a. 712. W Scri. Cop. 
 
 (f) Scri. Cop. 74. {]) Sen. Cop. 79. 5tli edit. 
 
 {g "" 
 
 (g) Ibid. 90, 
 
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180 PUECHASE DEEDS. 
 
 ment, except under the special powers conferred by the 
 Copyhold Acts, the lord must have the whole freehold 
 interest. The enfranchisement must be to the tenant ; 
 but it does not follow that the tenant must have the 
 whole fee in himself, in order to accept an absolute en- 
 franchisement. Although the copyholder may have 
 only a partial interest in the premises, a conveyance to 
 him by the lord of the whole fee simple would operate 
 as an absolute enfranchisement, and would enure for 
 the benefit of those in remainder as well as for that of 
 himself {k). 
 Enfranchise- Sevoral Acts have been passed from time to time to 
 SrActs facilitate the enfranchisement of copyhold property, 
 which Acts are known by the short title of the Copy- 
 voiuntary hold Acts. The Copyhold Act, 1841 {I), provides for 
 meS" ^ voluntary enfranchisements. It constitutes Commis- 
 sioners to be called "The Copyhold Commissioners" (m), 
 and enables the lord of a manor, whatever may be his 
 estate or interest therein, with the consent of the Com- 
 missioners, to enfranchise any lands, and any tenant, 
 whatever may be his estate or interest, to accept such 
 enfranchisement, subject to a provision requiring in the 
 case of any party to an enfranchisement having less 
 than an absolute interest the giving of certain notices 
 to the other parties interested in). The Act also con- 
 tains provisions for charging the expenses of enfran- 
 chisements on the lands or manor (o), and as to the 
 application of enfranchisement monies where the lord 
 has a limited interest only [p). 
 eScS '^^^ Copyhold Acts 1852 and 1858 (g) provide for 
 ment compulsovy enfranchisements. 
 
 The Act of 1852 makes it lawful for the tenant or 
 lord after the next admittance on or after the 1st of 
 July, 1853, to compel enfranchisement in manner there- 
 inafter mentioned of the lands to which there shall 
 have been such admittance : Provided that no such 
 tenant shall be entitled to require such enfranchisement 
 until after payment or tender of the fine or fines, and 
 of the fees consequent on such admittance : Provided 
 
 (k) 1 Watk. Cop. 437, 438. (o) Sees. 68 to 72. 
 
 (0 4 & 5 Vict. c. 35. (p) Sees. 73 to 76. 
 
 • (m) Sees. 1 to 10. (q) 15 & 16 Vict. c. 51 ; 21 & 22 
 
 (n) Sec. 52. • Viet, c. 94. 
 
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PURCHASE DEEDS. 181 
 
 also, that if from any cause such enfranchisement shall 
 not take place until some event shall have happened 
 which may require a second or any subsequent admit- 
 tance, such second or subsequent admittance shall be 
 made with all the rights incident thereto as if this Act 
 had not passed, and it shall be competent for the lord 
 or tenant to require and compel enfranchisement upon 
 or after such second or subsequent admittance in the 
 manner thereby provided for enfranchisement upon the 
 next admittance (r) ; and the Act of 1858 extends the 
 power to the case of copyhold lands where the last ad- 
 mittance shall have taken place before the 1st July, 
 1853 : Provided that no tenant shall be entitled to re- 
 quire such enfranchisement until after payment or 
 tender of such a fine, and of the value of such a heriot 
 as would become due or payable in the event of admit- 
 tance or death subsequent to the 1st July, 1853, and 
 also of two-thirds of such a sum as the steward would 
 have been entitled to for fees in respect of such admit- 
 tance or heriot (s). 
 
 The second sec. of the Act of 1852 is repealed, and 
 the Act of 1858 provides for the carrying out of en- 
 franchisements, and ascertaining the sum to be paid as 
 the consideration for enfranchisement, under tba direc- 
 tion of the Copyhold Commissioners (t). The latter 
 Act repeals the provisions in the former Act as to 
 charging of enfranchisement monies and expenses on 
 the land or manor, and contains new provisions for that 
 purpose (u). 
 
 The expenses of enfranchisement are to be borne by Expenses of 
 the party requiring it (v). ment. 
 
 In enfranchisements under the Copyhold Acts, the 
 commonable rights of the tenant are preserved {x). 
 
 Customary freeholds are held according to the custom g^|*°™^^ 
 of the manor, but not at the will of the lord, and pass 
 by surrender and admittance or by deed and admit- 
 
 (r) Sec. 1. («) 21 & 22 Vict. c. 94, sees. 8 to 
 
 (s) Sec. C. The provisions of the 13 ; see also 15 & 16 Vict. c. 51, 
 
 Enfranchisement Acts requiring the sec. 7. 
 
 payment of fines do not apply to (w) Sees. 21 to 37. 
 
 railway companies purchasing under iv) Sec. 30 of Act of 1852. 
 
 the Lands Clauses Consolidation (x) 4 & 5 Vict. c. 35, sec. 81 ; 15 
 
 Act (Wilson, In re, 2 John, & H. (Sf 16 Vict. c. 51, sec. 45, 
 
 619). 
 
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182 PURCHASE DEEDS. 
 
 tance according to the custom, and in some manors they 
 will pass by deed or surrender (y). 
 
 III. The disabilities of certain persons in regard to 
 the sale and purchase of land. 
 
 woSen* -^ husband and wife are one person in law (a),whence 
 
 it follows that, with some exceptions which it is un- 
 necessary to mention here, a married woman is under 
 an absolute incapacity to do any act without her hus- 
 band's concurrence ; and as the Joint acts of husband 
 and wife are primd facie deemed to be the sole acts of 
 the husband, and to be done by the wife under his 
 control or compulsion, the common law did not permit 
 a married woman to dispose of her lands, even with her 
 husband's concurrence, otherwise than by fine, or matter 
 of record, after being solely and secretly examined, in 
 
 s&ivf.i, order to ascertain if her act was voluntary (a). The 
 stat. 3 & 4 Will. 4, c. 74, abolishes fines, and substi- 
 tutes for them a more simple mode of assurance. 
 
 Power of Under that Act a married woman is enabled in every 
 
 over lands, casc, oxcept that of being tenant in tail for which pro- 
 vision is otherwise made, by deed to dispose of lands of 
 any tenure, and money subject to be invested in the 
 purchase of lands, and to dispose of, release, surrender, 
 or extinguish any estate therein, which she alone, or 
 she and her husband in her right, might have in any 
 such lands or money, and to release and extinguish 
 powers as if she were a feme sole, provided her husband 
 concurs in the deed, and the deed is duly acknowledged. 
 It is, however, expressly provided, that the Act shall 
 not apply to an estate at law in copyholds in those 
 cases in which any of the objects to be effected by the 
 above clause could, previously to the Act, have been 
 effected by her, with the concurrence of the husband, 
 by surrender (6). . 
 
 On the construction of the above section it has been 
 held that a married woman may with her husband's 
 concurrence dispose of a contingent remainder in 
 
 M Scri. on Cop. 413, 5th edit. ; (a) 1 Bl. Com. 444. 
 1 Watk. on Cop. p. 58 note. (6) 3 & 4 W. 4, c. 74, sec. 77 
 
 {a) Co. Lit. 112 ; 1 Bl. Com. 442. 
 
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PURCHASE DEEDS. 183 
 
 lands (c), and also of her interest in the proceeds of the 
 sale of real estate directed to be sold^ whether thg same 
 be an interest, in possession or reversionary [d). 
 
 The Fines and Recoveries Act did not extend to in- ^«^^^r 
 terests in pure personalty ; but by a recent Act (com- J'^^^f^, 
 monly called Malins' Act) (e) it is provided that after reversionary 
 
 _ / * / ■*■ luterBsts in, 
 
 the 31st of December, 1857, it shall be lawful for every personalty. 
 married woman by deed to dispose of every futttre or 
 reversionary interest, whether vested or contingent, of 
 such married woman, or her husband in her right, in 
 any personal estate, to which she shall be entitled 
 under any instrument made after the Slst of December, 
 1857 (except such interests in personal estate as may 
 have been settled on her by any settlement, or agree- 
 ment for a settlement, made on the occasion of her 
 marriage), and also to release or extinguish any power 
 which may be vested in her in regard to any such per- 
 sonal estate, as fully as if she were a. feme sole, but the 
 husband must concur in the deed, and the deed must 
 be acknowledged in the manner prescribed by the Fines 
 and Recoveries Act. The Act does not extend to re- 
 versionary interests of the wife to which she may be 
 entitled by virtue of any deed, will, or instrument by 
 which she is restrained from alienating or affecting the 
 saijae. 
 
 The acknowledgment of a married woman must be ^''""^^^ 
 made before a judge of one of the superior courts of tow to be' 
 Westminster, or a Master in Chancery, or before two 
 perpetual Commissioners, to be appointed by the Lord 
 Chief Justice of the Court of Common Pleas (/), or 
 by special Commissioners to be appointed in the manner 
 therein provided in those cases where, by reason of 
 residence beyond seas> or ill health, or any other suffi- 
 cient cause, she is prevented from making her acknow- 
 ledgment before a Judge, Master in Chancery, or any 
 perpetual Commissioners (g). The Judge, Master in 
 Chancery, or Commissioners, taking the acknowledg- 
 ment, must sign a memorandum, to be indorsed on or 
 
 (c) Crofts V. Middleton, 8 De G. 4 Gifif. 343. 
 
 M & G 192 W 20 & 21 Vict. c. 57. 
 
 '(d) Briggs V. Chamberlain, 11 (/) 3 & 4 W. 4, c. 74, seci?. 79, 
 
 Hare, 69 ; Tuer v. Turner, 20 Beav. 81. 
 
 560. See also Waiiams v. Cooke, (ff) 3 & 4 W. 4, c. 74, sees. 79, 83. 
 
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184 PURCHASE DEEDS. 
 
 written at the foot or in the margin of the deed, and 
 must also sign a certificate of the taking of such ac- 
 knowledgment, to be written or engrossed, on a separate 
 piece of parchment, and such memorandum and certi- 
 ficate respectively must be in the forms specified in the 
 Act, subject to any alteration which may from time to 
 time be directed by the Court of Common Pleas {h). 
 Every such certificate, together with an affidavit by 
 some person verifying the same, and the signature 
 thereof by the party by whom the same purports to be 
 signed, is then to be lodged by the proper officer of the 
 Court of Common Pleas for this purpose, who is 
 directed, after satisfying himself that the requisitions of 
 the Act have been complied with, in manner therein 
 mentioned, to cause the certificate and the affidavit to 
 be filed of record in the Court of Common Pleas {i). 
 When this is done the deed will take effect from the 
 time of the acknowledgment {k). 
 cim Se" '^^^ ^^^^ °^ ^ purchaser from a married woman is 
 not complete until the certificate of the acknowledg- 
 ment is filed of record in the Court of Common Pleas. 
 Orders o( The Court of Common Pleas is empowered to make 
 Term. rulcs from time to time touching the acknowledgments 
 of married women (I), and accordingly, by the rules of 
 Hilary Term, 1834, it is, amongst other things, orderad, 
 that one at least of the Commissioners appointed under 
 the Act for taking acknowledgments shall be a person 
 who is not in any manner interested in the transaction 
 or concerned therein as attorney, solicitor, or agent, or 
 as clerk to any attorney, solicitor, or agent so interested 
 or concerned. And before the Commissioners receive 
 any such acknowledgment thereof, they, or in case one 
 of them is interested or concerned as aforesaid, then 
 such one of them as is not so interested or concerned 
 must inquire of the married woman, separately from 
 her husband, and from the attorney or solicitor con- 
 cerned in the transaction, whether she intends to give 
 up her interest in the estate to be passed by such deed 
 without having any provision made for her in lieu or in 
 
 Qi) Sec. 84. ridge, 17 C. B. 18, 
 
 , (i) Sec. 85. il) See. 89, 
 
 (/c) Sec, 86 ; see Be Mary Par|:. 
 
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PURCHASE DEEDS. I85 
 
 consequence of her giving up such interest, and, if so, 
 they are to proceed with the acknowledgment ; but if 
 it appears that it is intended that provision is to be 
 made for her, the acknowledgment is not to be taken 
 before such provision has been actually made by some 
 deed in writing produced to the Commissioners ; or if 
 such provision has not actually been made, the Com- 
 missioners are to require the terms of such intended 
 provision to be reduced into writing, and to verify 
 it by their signatures. The 17 & 18 Vict. c. 75, pro- 
 vides that no deed acknowledged or to be acknowledged 
 by a married woman shall be impeached at any time 
 after the certificate of acknowledgment has been filed 
 of record in the Court of Common Pleas by reason only 
 that the Judge, Master in Chancery, or Commissioners, 
 or either of them, was or were interested or concerned 
 either as a party or parties, or as attorney or solicitor, 
 or clerk to the attorney or solicitor of one of the parties, 
 or otherwise in the transaction giving occasion for such 
 acknowledgment. 
 
 By the rules of Hilary Term, 1834, it is also ordered Affidavit 
 that the aflfidavit verifying the certificate to be made ceriiiicaTe. 
 pursuant to the Act (except where the acknowledg- 
 ment is taken elsewhere than in England or Wales, or 
 Berwick-upon-Tweed) shall be made by some practising 
 attorney or solicitor of one of the Courts of West- 
 minster, or one of the counties palatine of Lancaster or 
 Durham, and the deponent, besides verifying the 
 certificate, must depose to his knowledge of the person 
 making the acknowledgment, and that she is of full age 
 and understanding, and to certain other matters. It 
 has been held that under this rule an interested Com- 
 missioner may make the affidavit provided that he is 
 qualified in other respects (m). In addition to the 
 verification of the certificate, the affidavit must con- 
 tain a statement of certain particulars set forth in 
 the fourth order ; and by the fifth order the affidavit 
 must state the parish or place and the county wherein 
 the premises shall be described to be situate. 
 
 Where a married woman is seised at law of an estate as to copy- 
 in copyholds, she and her husband must pass the estate married * 
 
 X*J' ^ woman, 
 
 (m) lie ScholQelil, 3 Bing. N, C. 393, 
 
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woman. 
 
 use. 
 
 186 PURCHASE DEEDS. 
 
 by a surrender, on her being separately examined ; but 
 if the estate is equitable, the assurance can be either 
 by surrender, or by a deed acknowledged by her as in 
 the case of freeholds (n). 
 
 Powers. -^ power giveu to an unmarried woman can be exer- 
 
 cised by her as well after her marriage as before, with- 
 out the concurrence of her husband (o). 
 
 Chattels With regard to the chattels real of a married woman, 
 
 married the husbaud may by act inter vivos (but not by will) (p), 
 dispose of them during the coverture, but if he does not 
 exercise such power they pass upon the death of either 
 husband or wife to the survivor, and it is not necessary 
 to take out administration (q). This power of the 
 husband over his wife's chattels real extends to rever- 
 sionary and contingent interests (r), unless the interest 
 is of such a nature that it cannot by possibility vest in 
 the wife in possession during the coverture (s). If the 
 wife's interest in her chattels real is only equitable, she 
 must concur in and acknowledge the deed of disposition 
 in order to bar her equity to a settlement [t). 
 
 Separate The Courts of Equity recognise the separate exist- 
 
 ence of a married woman, and permit her to deal with 
 property limited to her separate use, as if she were a 
 feme sole. Whenever, therefore, real or personal pro- 
 perty is limited by deed or will to a woman, who is 
 married at the date of the gift or who is then unmarried 
 but afterwards marries, for her separate use, she is in 
 the position oi a, feme sole during her coverture as to all 
 such property so far as relates to the equitable and 
 beneficial interest ; but separate use being entirely a 
 creature of equity, the legal estate, if vested in her, in 
 freehold property settled to her separate use must be 
 subject to the ordinary legal incidents, and cannot 
 
 (n) 3 & 4 W. 4, c. 74, sec. 77, 90. and reserving rent to himself, the 
 
 to) 1 Sug. Pow. 182, 7th ed. underlease would belong benefioi- 
 
 (p) Bracebridge i;. Cook, Plowd. ally to himself ; but the residue of 
 
 417. the term would belong to her in the 
 
 {q) A voluntary assignment or event of her surviving her husband, 
 
 settlement by the husband of the as part of her leaseholds, which he 
 
 wife's chattels real wUl prevail had not disposed of (Syme's case, 
 
 against the wife surviving (Doe v. Cro. Eliz. 33). 
 
 Lewis, 11 Com. B. 1035). If the (r) Donne v. Hart, 2 R. & M. 
 
 husband disposes of only part of his 360. 
 
 wife's interest in the leasehold pre- {s) Duberley v. Day, 16 Beav. 33. 
 
 dises, as by granting arf underlease {t) Hanson ■». Keating, 4 Hare, 1. 
 
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PURCHASE DEEDS. 187 
 
 therefore be disposed of by her otherwise than by a 
 deed duly acknowledged. If, then, a freehold estate is 
 limited unto and to the use of a married woman, her 
 heirs and assigns for her separate use, she alone can 
 dispose of the whole equitable and beneficial interest 
 therein, by a deed unacknowledged ; but the husband 
 and wife must be conveying parties, and the deed must be 
 acknowledged by her, in order to pass the legal estate ; 
 for although the husband alone can pass an interest 
 therein for the joint lives of himself and his wife 
 under any circumstances, and an interest for his own 
 life if there should be issue of the marriage, he has no 
 power over the legal estate as to the remainder in fee, 
 which is vested in his wife, and which, therefore, can 
 only be disposed of by her by a deed duly acknowledged. 
 In Taylor v. Meads (u), the legal estate was outstand- 
 ing in a trustee, and the remarks of Lord Westbury in 
 that case were only intended to apply to the wife's 
 power over the equitable estate. If, however, real Eirect of 
 estate is limited to a woman, who is married at the date by^'mrn-M" 
 of the gift or who is then sole, but afterwards marries, ™'"''°' 
 to such uses as she shall appoint, she alone can of 
 course, during her coverture, by a conveyance operating 
 as the appointment of a use, vest the whole legal and 
 equitable interest in the purchaser or appointee by an 
 unacknowledged deed. 
 
 It must be borne in mind that the "Married Women's Married 
 Property Act, 1870 " (x), provides that where any Property 
 woman marrying after the 9th August, 1870, becomes 
 entitled during her marriage to any personal property 
 as next of kin, or one of the next of kin of an intestate, 
 or to any sum of money not exceeding £200 under 
 any deed or will, such property, subject to the trusts of 
 any settlement affecting the same, shall belong to her 
 for her separate use (y) ; and that where any freehold, 
 copyhold, or customary property shall descend upon 
 any woman marrying after the same date, as heiress or 
 coheiress of an estate, the rents and profits of such 
 property shall, subject to the trusts of any settlement 
 affecting the same, belong to her for her separate use (z). 
 
 (m) 11 Jur. N. S. 166. (.y) Sec. 7. 
 
 (x) 33 & 34 Vict. c. 93. (z) Sec. 8. 
 
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188 PURCHASE DEEDS. 
 
 It is apprehended that under this enactment the wife 
 acquires an interest for her separate use in the 
 rents and profits during the coverture, enforceable in 
 equity (a), but that she is not thereby enabled to 
 dispose of the fee-simple, otherwise than by deed 
 acknowledged; and with the concurrence of her 
 husband. 
 
 Purchase ijy A married woman is not under an absolute incapa- 
 
 voMaWe ^^^3^ ^'-' P^^'chase land ; but if she purchases, her hus- 
 band during his life, or her representatives after her 
 death, may annul the purchase, unless it was made out 
 of her separate estate (b). 
 
 Infants. An infant under the age of twenty-one years cannot 
 
 enter into a binding contract for the sale or purchase of 
 an estate, and he cannot sustain a suit for the specific 
 performance of such a contract during his infancy (c). 
 Such a. contract is voidable by the infant, and on his 
 attaining his majority, he may either avoid or affirm it 
 as he thinks proper ; and if he dies under age, his 
 representatives have the like privilege (o?). If,, how- 
 ever, an infant contracts for the purchase of an estate, 
 and pays a deposit, and afterwards, on his attaining 
 twenty-one, refuses to complete the purchase, he can- 
 not recover back the deposit, unless the vendor prac- 
 tised fraud in procuring its payment (e). 
 
 It may be stated, in general terms, that an infant 
 would not be entitled to take advantage of his own 
 fraud (/). 
 
 Lunatics. Luuatics are incapacitated from disposing of their 
 property, and their acts are absolutely void ; but an 
 executed contract, entered into ho7id fide and in the 
 ordinary course of business, is not void by reason of one 
 of the parties having been at the time of such contract 
 of unsound mind, where such unsoundness ig not 
 known to the other party. Therefore where a lunatic 
 purchased certain annuities for his life of a society 
 
 (a) See Howard v. Bank of Eng- (c) Sug. V. & P. 175 ; see also Ex 
 
 land, L. R. 19 Eq. 295. parte Taylor, 8 De G. M. & G. 257. 
 
 <b) 1 Dart, V. & P. p. 22. (/) 4 Bro. 0. C. 507, n. ; Overton 
 
 (c) Flight V. BoUand, 4 Russ. v. Banister, 3 Hare, 503 ; Wright v. 
 
 298. Snowe, 2 De Gex & Sm. 351 ; In re 
 
 (rf) 4 Bac. Abr. 360 ; Clayton v. King, 3 De G. & J. 63 ; and see 
 
 Ashdown, 9 Vin. Abr. 393, pi, 1 ; Nelson v. Stocker, 4 De G. (Sf J, 
 
 Part, V. ^ P. 19. 458, 
 
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PURCHASE DEEDS. 189 
 
 which had at the time no knowledge of his unsound- 
 ness of mind, the transaction being fair and bond fide 
 on the part of the society, it was held that after the 
 death of the lunatic his personal representatives could 
 not recover back the premiums paid for the an- 
 nuities {g). 
 
 All persons acting in a fiduciary character, such as l™^**"^' 
 trustees, agents, committees of lunatics, executors, the 
 assignees or trustee of a bankrupt, &c., &c., are unable 
 to purchase the property which they are entrusted or 
 empowered to sell, and the same rule would apply to a 
 mortgagee with a power of sale, or to persons selling, 
 not in virtue of their own beneficial estate, but under a 
 discretionary power for the benefit of others ; but this 
 rule does not apply to a purchase by a mortgagee from 
 a mortgagor, or by a mere dry trustee from his cestui 
 que trust (h). Although a trustee cannot buy from 
 himself, he may purchase from the cestui que trust if 
 the relation of trustee and cestui que trust is previously 
 dissolved, or, if not dissolved, by the parties agreeing 
 to stand with reference to each other in the characters 
 of purchaser and vendor (i). 
 
 A solicitor is not under an actual incapacity to pur- solicitors. 
 chase from his client, but in all such cases the Court 
 would very jealously examine into the fairness of the 
 transaction, and it rests with the solicitor to prove this, 
 and that the consideration is adequate (k). But all pro- 
 ceedings on the part of the client for the purpose of 
 setting aside a sale by him to his attorney must be 
 instituted within a reasonable time {I). If the sale is 
 set aside and an application is made by the solicitor 
 for the repayment of the purchase-money, he must 
 prove its payment by further evidence than the 
 
 {g) Moltou V. Camroux, 4 Exch. 63 ; Jones v. Thomas, 2 Y. & C. 
 
 j7_ Exch. 498 ; Hohnan v. Loynes, 23 
 
 Qi) Parkes v. White, 11 Ves. 226 ; L. J. Ch. 529 ; Billage v. Southee, 
 
 Knicht V. Majoribanks, 2 Mac. & 9 Hare, 534 ; King v. Savery, 1 Siii. 
 
 Gor 10. & Giff- 271 ; Saveiy v. King, 5 H. 
 
 (/) Gibson v. Jeyes, G Ves. 277 ; L. Ca. 627 ; Gresley v. Mousley, 1 
 
 .Ek parte Lace V, 6 Ves. 626 ; Montes- Giff. 450; Pearson v. Benson, 28 
 
 Quieu V. Sandys, 18 Ves. 302 ; Coles Beav. 598 ; Gibbs i\ Daniel, 4 Giff. 
 
 r. Trecothick, 9 Ves. 247 ; see also 1 ; Dalby v. Wonham, 33 Beav. 154. 
 
 Harrison v. Guest, 6 De G. M. & G. (l) Marquis of Clanricarde v. 
 
 424 ; on appeal, 8 H. L. Cas. 481. Heming, 30 Beav. 175. 
 
 (k) Edwards v. Meyrick, 2 Hare, 
 
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190 PURCHASE DEEDS. 
 
 acknowledgment in the deed and a memorandum 
 endorsed upon it (m). 
 As to gifts It seems to be now established as an absolute rule 
 
 to solicitors. _ , .„, . n Ti."j.x," 
 
 01 equity that a gift inter vivos irom a client to nis 
 ■ solicitor, made pending that relation, cannot be sus- 
 
 tained (n) ; but this rule of equity does not apply to a 
 gift hy will, because it is the province of the Court of 
 Probate to determine the question of fraud, or undue 
 influence as affecting any particular bequest, and if a 
 will is once admitted to probate, a court of equity could 
 only interfere by fixing a trust on the legacy in ques- 
 tion, which it would not do merely because of the 
 existence of the relation of solicitor and client (o). 
 Aliens. Prior to the "Naturalization Act, 1870 "(jo), an 
 
 alien might purchase, but on office found the land went 
 to the Crown {q). And where lands were devised to a 
 trustee for an alien, the trust was executed for the 
 Capacity of benefit of the Crown (r). But by the second section 
 to property, of thc last-mentionod Act, it is provided that real and 
 personal property of every description may be taken, 
 acquired, held, and disposed of by an alien in the same 
 manner in all respects as by a natural-born subject ; 
 and a title to real and personal property of every de- 
 scription may be derived through, from, or in succes- 
 sion to an alien in the same manner in all respects as 
 through, from, or in succession to a natural-born 
 British subject ; but it is provided that this section 
 shall not confer any right on an alien to hold real pro- 
 perty situate out of the United Kingdom, and shall 
 not qualify an alien for any office, or for any municipal, 
 parliamentary, or other franchise, nor entitle him to 
 any right or privilege as a British subject, except such 
 rights and privileges in respect of property as are by 
 the Act expressly given to him, nor affect any estate 
 or interest in real or personal property to which any 
 person has or may become entitled mediately or imme- 
 
 (m) Gresley v. Mousley, 3 De G. F. 29 Beav. 394. 
 
 & J. 433. {p) 33 Vict. c. 14. 
 
 (w) H^tch V. Hatch, 9 Ves. 292 ; {a) Co. Litt. 2 b. 
 
 Tomson v. Judge, 3 Drew. 306; (r) Barrow d. Wadkin, 24 Beav. 1, 
 
 Morgan v. Minett, L. R. 6 C. D. dissenting from V.-C. Stuart, who 
 
 638. held otherwise in Rittson v. Sturdy, 
 
 (o) Hindon v. Weatherill, 5 D. M. 3 Sm. & Giff. 230. 
 & G. 301. See also Walker v. Smith, 
 
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PURCHASE DEEDS. 191 
 
 diately, in possession or expectancy, in pursuance of 
 any disposition made before the passing of the Act, or 
 in pursuance of any devolution by law on the death of 
 any person dying before the passing of the Act. 
 
 The 7th and 8th sections of this Act deal with the 
 subject of applications for certificates of naturalization 
 and re-admission to British nationality. The 1 0th f^'ti,™^'^ 
 section contains the following enactments with respect ^^^^^ 
 to the national status of women and children : — 1. A^jjf,^^^™' 
 married woman shall be deemed to be a subject of the 
 State of which her husband is for the time being a 
 subject. 2. A widow being a natural-born British 
 subject, who has become an aUen by or in consequence 
 of her marriage, shall be deemed to be a statutory 
 alien, and may, as such, at any time during widow- 
 hood, obtain a certificate of re-admission to British 
 nationality in manner provided by the Act. 3. Where 
 the father being a British subject, or the mother being 
 a British subject and a widow, becomes an alien in 
 pursuance of the Act, every child of such father or 
 mother, who, during infancy, has become resident in 
 the country where the father or mother is naturalized, 
 and has, according to the laws of such country, become 
 naturaUzed therein, shall be deemed to be a subject of 
 the State of which his father or mother has become a 
 subject, and not a British subject. 4. Where the 
 father, or the mother being a widow, has obtained a 
 certificate of re-admission to British nationality, every 
 child of such father or mother, who, during infancy, 
 has become resident in the British dominions with 
 such father or mother, shall be deemed to have re- 
 sumed the position of a British subject to aU intents. 
 5. Where the father, or the mother being a widow, 
 has obtained a certificate of naturalization in the 
 United Kingdom, every child of such father or 
 mother, who during infancy has become resident with 
 such father or mother in any part of the United King- 
 dom, shall be deemed to be a naturalized British 
 subject. 
 
 Prior to the 33 & 34 Vict. c. 23, traitors and felons Trdtora and 
 could hondfide sell chattels real and personal for the 
 maintenance of themselves or famihes, or alien the 
 same boiidjide for value any time before their convic- 
 
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192 PURCHASE DEEDS. 
 
 tion (s) ; but a colourable alienation of goods by a 
 person under charge of felony for the purpose of avoid- 
 ing a forfeiture, was fraudulent and void against the 
 Crown (t). So also a voluntary settlement of personal 
 estate after the commission of a felony in favour of a 
 Avife and children was void against the Crown in the 
 event of a conviction (u). As to lands of inheritance, 
 however, the attainder both in respect of escheat and 
 forfeiture had relation to the time of the oflFence com- 
 mitted, so as to avoid any conveyance or alienation of 
 lands, although to a purchaser for value without notice 
 between the commission and the conviction (v). Where 
 real estate was vested in trustees, and the cestui que 
 trust committed felony, the trustees held the lands 
 discharged from the trust {x) ; whilst the conviction of 
 a person for treason or felony occasioned a forfeiture 
 of his personal estate to the Crown, although it might 
 be vested in trustees. 
 
 The law, however, as to the property of traitors and 
 felons has been materially altered by the 33 & 34 Vict. 
 Icfabr c. 23, which enacts that from and after the 4th 
 lished. July, 1870, no confession, verdict, inquest, conviction 
 or judgment, of, or for any treason or felony, shall 
 cause any attainder or .corruption of blood, or any for- 
 feiture or escheat (y). The 9th section provides for 
 the appointment of an administrator of the convict's 
 property to property; and by the 10th section it is provided that 
 mfnistrator upon thc appointment of the administrator under the 
 pomtoent. last section, all the real and personal property, in- 
 cluding choses in action, to which the convict was at 
 the time of his conviction, or shall afterwards, while 
 he shall continue subject to the operation of the Act, 
 
 (s) 8 Co. 171 ; See Mainpiece ■». the trustees will hold the lands 
 
 Reason, W. N. 1877, p. 161. discharged from the trust. (Bur- 
 
 (0 8 Co. 171 ; 3 Bac. Abr. 732 ; gess v. Wheate, ubi supra.) So 
 
 Pej-kins v. Bradley, _1 Hare, 219. _ where real estate is subject to a 
 
 (m) Be Saunders' Estate, 4 Giff. legal mortgage in fee and the mort- 
 
 179. gagor dies without heirs, the equity 
 
 {v) Co. Litt. 13 b. ; 4 Jar. Con. of redemption does not escheat to 
 
 by Sweet, 75 ; Tudor's R. Pro. 641. the Crown, but, subject to its being 
 
 (x) Burgess v. Wheate, 1 Eden, assets in an administration suit for 
 
 117 ; Taylorv. Haygarth, 14Sim. 8. the payment of the mortgagor's 
 
 Where real estate is vested in trus- debts, will belong to the mortgagee, 
 
 tees, and the cestui que trust dies (Beale v. Symonds, 16 Beav. 406.) 
 
 without heirs, the equitable estate (y) Sec. 1. 
 does not escheat to the Crown, but 
 
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PURCHASE DEEDS. 193 
 
 become or be entitled, shall vest in such administrator 
 for all the estate and interest of such convict therein. 
 
 The 12th section gives the administrator power to Power or ad- 
 
 1 , 1 n 1 i r» if* miniHtrator, 
 
 let, mortgage, sell, convey, and transfer any part of 
 the convict's property ; and the 1 3th and four following 
 sections contain provisions enabling the administrator 
 to make payments, compensations, and allowances out 
 of such property. The 18th section then declares that. Property to 
 subject to the powers and provisions thereinbefore con- for convCt",' 
 tained, all such property, and the income thereof, shall verttowm 
 be preserved and held in trust by the administrator, sentativcir 
 and the income thereof may, if, and when the adminis- pietionor 
 trator shall think proper, be invested and accumulated imicion'', ir 
 in such securities as he shall from time to time think 
 fit, for the use and benefit of the convict and his heirs 
 or legal personal representatives, or of such other per- 
 sons as may be lawfully entitled thereto accordini^ 
 to the nature thereof, and the same, and the pos- 
 session, administration, and management thereof, shall 
 vest in and be restored to such convict upon his 
 ceasing to 'be subject to the operation of the Act or in 
 or to his heirs or legal personal representatives, or 
 such other person as may be lawfully entitled thereto. 
 
 The same Act provides for the appointment of in- 
 terim curators by justices of the peace in cases where 
 an administrator is not appointed (z). 
 
 Corporations are not allowed to hold land except by co^™- 
 licence from the Crown, or under special statutory 
 powers. By the "Joint Stock Companies Act"(a), every 
 joint stock company registered under the Act, may 
 hold lands {b) ; but no company formed for the purpose 
 of promoting art, science, religion, charity, or any 
 other like object, not involving the acquisition of gain 
 by the Company or the individual members thereof, 
 can, without the sanction of the Board of Trade, hold 
 more than two acres (c). 
 
 Conveyances of land for charitable purposes must chanties. 
 generally be made by deed sealed and delivered in the 
 presence of two witnesses, and enrolled in Chancery 
 within six calendar months after its execution ; and if 
 
 (z) See Sees. 21-26. W Sec. 18. 
 
 (a) 25 & 26 Vict. o. 89. W bee. 21. 
 
 VOL. I. 
 
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194 
 
 PURCHASE DEEDS. 
 
 the grantor dies within twelve calendar months after 
 the execution of the deed, the grant will be void unless 
 it was made for valuable consideration (d). When the 
 charitable uses are disclosed by a separate deed from 
 the conveyance, such separate deed must be enrolled 
 within six months after the execution of the deed of 
 conveyance, and in that case the conveyance will be 
 valid without inrolment (e). 
 
 Ordinary 
 parts of a 
 
 IV. — The form and ordinary parts of a deed of con- 
 veyance, the covenants to be entered into therein, and 
 some other matters relating to the conveyance. 
 
 The ordinary parts of a purchase deed are the names 
 vrLc'/""' ^^^ descriptions of the parties, the recitals, the opera- 
 tive part (including the consideration and the haben- 
 dum), and the covenants. 
 Recitals. Tho rccitals in a purchase deed should be as few and 
 
 simple as possible. If the vendor is seised in fee it is 
 unnecessary to recite the conveyance to himself, but if 
 the property was conveyed to him to uses to bar 
 dower, it is usual to recite it. So also if the vendor 
 is a trustee for sale, the instrument by which that 
 trust is created should be recited, and it should also be 
 shown by the recitals that the vendor has made the 
 sale in accordance with the trust ; but where the trust 
 authorises a sale either by private contract or public 
 auction, and the property has been sold by auction, the 
 deed of conveyance need not refer to such auction, but 
 
 (d) 9 Geo. 2, c. 36. See also 24 
 Vict. c. 9 ; 27 Vict. c. 13, sees. 3, 4 ; 
 29 & 30 Vict. c. 57 ; see also the 
 Dissertation on Wills in Vol. ii., 
 infra, as to testamentary disposi- 
 tions to a cliarity. 
 
 (e) 24 Vict. c. 9, s. 2. Facilities 
 have been provided by several 
 statutes for the conveyance of 
 sites for schools and literary and 
 scientific institutions, and for pur- 
 poses of recreation : see 4 & 5 
 Vict. c. 38 ; 7 & 8 Vict. c. 37 ; 12 
 & 13 Vict. c. 49 ; 13 & 14 Vict. c. 
 28 ; 14 & 15 Vict. c. 24 ; 15 & 16 
 Vict. 0. 49 ; 17 & 18 Vict. c. 112 ; 
 22 Vict. c. 27. And the 31 & 32 
 Vict. c. 44, authorises dispositions. 
 
 except by will, to a trustee or 
 trustees on behalf of any society or 
 body of persons associated together 
 for religious purposes, or for the 
 promotion of education, arts, litera- 
 ture, science, or other like purposes, 
 of land for the erection thereon of a 
 building for such purposes, freed 
 from the provisions of the " Mort- 
 main Act," provided the disposition 
 is made for a valuable consideration 
 as therein mentioned, and provided 
 that the land does not exceed two 
 acres in extent. See also 13 & 14 
 Vict. c. 28, which provides for the 
 vesting of property devoted to reli- 
 gious or educational purposes in new 
 trustees without any conveyance. 
 
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PURCHASE DEEDS. 195 
 
 may recite generally that the vendor has agreed for 
 the sale. The recitals which a purchase deed should 
 contain must depend on the particular circumstances of 
 each case, and it is sufficient to have given a few- 
 leading illustrations in exemplification of the general 
 principle to be followed. 
 
 Should the property be subject to incumbrances when there 
 which are to be discharged, the purchase deed should branoesTo 
 explicitly recite the nature and extent of these charges, charged. 
 and the documents should be recited so far as to show 
 the actual condition of the title at the date of the 
 purchase ; and it may be stated in general terms that 
 no person should be made a party without its appearing 
 for what purpose he joins in the deed. 
 
 Covenants for title are generally limited to the Form of 
 acts, &c., of the last purchaser (/). If, for instance, forTt™. " 
 the vendor was a purchaser for a valuable considera- 
 tion, the covenants would only extend to the acts of 
 himself; but if he derived the property by descent 
 from a purchaser for value, then the covenants would 
 extend to the acts of the deceased purchaser as well as 
 to his own acts. 
 
 Trustees or other persons not beneficially interested eSd'into 
 in the land enter into no other covenant than that they ^^ t^te-^" 
 have done no act to encumber the property (g). 
 
 Covenants for title, in order to run with the land, °J'4™^;X °' 
 ought to be entered into with the seisinee to uses (h) ; '" "*'°- 
 and it is said, " restrictive words which are inserted in 
 the first of several covenants having the same object 
 will be construed as extending to all the covenants, 
 although they are distinct " (*"). 
 
 When, under a will, trustees are directed to sell for covenants 
 the payment of debts or for other purposes, and the t^^tees 
 purchase-money or the residue of the purchase-money 
 (after discharging debts, or satisfying any other pur- 
 poses for which the sale is to be made) is to be divided 
 among persons who are sui juris, it used to be the 
 practice of the profession to make the cestuis que trust 
 parties, in order to covenant for title with reference to 
 
 (/) Dart, p. 499. CO Sug. V. & P. 467, 13th ed. 
 
 (f/) Dart, p. 504. (0 Sug. V. & P. 40o. 
 
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196 PURCHASE DEEDS. 
 
 their respective interests (k) ; but this practice has not 
 been adopted by the Court of Chancery in sales under 
 its decree {J), and it is doubtful whether in any case 
 where trustees are empowered to give receipts (and 
 they have this power now by statute), a purchaser can 
 insist on such covenants (m). If it were once held 
 that the cestuis que trust who are sui juris must cove- 
 nant for title, their refusal to do so might render it 
 impossible for the trustees to perform the duty im- 
 posed upon them ; and yet it seems to be clear that 
 the purchaser has bought, with the estate, only the 
 right to such covenants as can be obtained from the 
 real vendors, who are the trustees and not the persons 
 beneficially interested in the purchase-money (to). It 
 is usual to preclude any question on this point by a 
 special condition that the concurrence of the cestuis 
 que trust shall not be required. 
 Sy tonan? Whcro a power of sale is exercised with the consent 
 for life. of ^Q tenant for life, the purchaser is entitled to cove- 
 nants for title from him (o) ; but Mr. Dart submits 
 that although a tenant for life or other owner of a 
 particular estate may be required to covenant in re- 
 spect of his own beneficial interest, he cannot be 
 required to covenant for title as respects the reversion 
 beyond his own acts and the acts of persons claiming 
 under him {p). 
 byh™™nd On a sale of the wife's estate by the husband and 
 m^saieof yf\^Q^ the husbaud must covenant for title as if the 
 estate. estato werc his own. 
 
 STrthlr Under the covenant for further assurance, the pur- 
 assurajiee. chaser cauuot require a covenant for the production of 
 title deeds {q). It has been said, however, that under 
 this covenant, a purchaser who has delivered up all 
 the deeds to a purchaser of part of the lands, may 
 require the covenantors to execute a duplicate con- 
 veyance (r). 
 
 (k) Dart, p. 507 ; Cottrell v. Cot- of Powlett v. Hood, L. R 5 En 
 
 trell, L. E. 2 Eq. 330. 115. ' ^' 
 
 11) Sug. V. & P. 464. (v) Dart, 502. 
 
 (m) Dart, pp. 501, 507. (q) Hallett v. MidcUeton, 1 Russ. 
 
 (n) 1 Dart, p. 501, 4th ed. 243. 
 
 (o) Sug. V. & P. 464. In re Lon- (r) Napper v. Lord AUington, 1 
 
 don Bridge Acts, 13 Sim. 176 ; Earl Eq. Ca. Ab. 166, pi. 4. 
 
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PURCHASE DEEDS. 197 
 
 On the sale of a freehold estate, the vendor ffenerallv covenants 
 
 ... , n • 1 , , n ■ for title. 
 
 enters into covenants lor right to convey, for quiet 
 enjoyment, for freedom from incumbrances, and for 
 further assurance. Sometimes for brevity's sake the 
 covenant for quiet enjoyment is omitted ; but this 
 omission cannot be advised, for if the title should be 
 defective, the first-mentioned covenant would be broken 
 from the date of the conveyance, whilst the Statute of 
 Limitations would not run in respect of the covenant 
 for quiet enjoyment until the purchaser is actually 
 interrupted or evicted. 
 
 Under the usual covenants for title the purchaser, in 
 case of eviction, may recover the value of the land and 
 also of houses which he had built thereon subsequently 
 to his purchase (s). 
 
 Land is sometimes sold on condition that it shall J^^^j'^'j;;;^. 
 not be built on, or used in a particular manner, or itricuons 
 subject to other restrictions. A covenant to this effect, 
 if entered into by a purchaser in fee-simple, would only 
 be a covenant in gross, and would not, therefore in a 
 proper sense run with the land as to an assignee (t) ; 
 but under such a covenant, equity would restrain the 
 purchaser, and every purchaser from him buying with 
 notice, from using the land for any purpose which would 
 be a breach of the covenant (?(.) ; and he cannot pro- 
 tect himself on the ground of want of notice by not 
 investigating the title when the proper investigation of 
 it would have disclosed the restrictive covenant {v). 
 The most effectual way of securing to the vendor the 
 benefit of such restrictions, so that the covenants of the 
 purchaser shall run with the land, is by the vendor 
 granting the estate to the purchaser for a long term of 
 years, instead of in fee-simple, — an expedient not un- 
 frequently resorted to where the vendor is anxious to 
 reserve to himself perpetual rights of way, or of hunting 
 or shooting, &c., over the property sold. 
 
 Restrictive covenants by a purchaser are intended ^„'^'*™^'™ 
 
 (s) Binney v. Hopkinson, 27 Beav. Gex, M. & G. 1 ; Catt v. Double, 
 
 565 L. R. 4 C. A. 654 ; Cooke v. Chil- 
 
 (t) Keppell V. Bailey, 2 My. & K. cott, L. R. 3 C. D. 694 ; Luker v. 
 
 517; ^^ Dennis, L. R. 7 C. D. 227. 
 
 (u) Mann v. Stephens, 15 Sim. {v) Wilson v. Hunt, L. R. 1 Ch. 
 
 377 ; Tulk r. Moxhay, 2 Phil. 774 ; 463. 
 11 Beav. 571; Coles v. Sims, 5 De 
 
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198 PUECHASE DEEDS. 
 
 cLs"' for the benefit of the neighbouring land retained by the 
 vendor, so as to prevent its depreciation by any of the 
 acts forbidden by the covenants. But the benefit of 
 such covenants is not so annexed to the whole of the 
 land retained as to pass as a matter of course by a con- 
 veyance of a part of such land to a subsequent pur- 
 chaser, in the absence of any agreement or expression 
 of intention to that eflfect (x). If, therefore, on a sale 
 in lots for building purposes it is intended that cove- 
 nants of this nature shall be enforceable, not only by 
 the vendor, but by all the purchasers, inter se, it is 
 proper either to have a general deed containing such 
 covenants executed by the vendor and by such pur- 
 chaser as he completes (y), or to insert in the con- 
 veyance to such purchaser, not only covenants by 
 him with the vendor, but also a grant of the benefit 
 of the similar covenants entered into by the other 
 purchasers, and an agreement that as regards any 
 lots not already sold and conveyed, the same 
 shall be subject to the like restrictions (z). In a 
 case where an owner of an estate granted a lease 
 of a plot of land to a person, who entered into a 
 restrictive covenant as to building, and afterwards 
 granted a lease of an adjoining plot to a lessee who 
 entered into a similar restrictive covenant, but was 
 ignorant of the terms of the first lease, and the first 
 lessee subsequently committed a breach of his own 
 restrictive covenant with the consent of the landlord, it 
 was held that the lessee of the adjoining plot was not 
 entitled to relief by injunction, or otherwise, either on 
 the principle that the lessor could not derogate from 
 his own grant, or on the ground that the restrictive 
 covenant in the first lease enured for the benefit of the 
 second lessee (a). 
 Tvenante "^^ ^^'^> covcuants entered into by a grantor of land, 
 nSt ran with f°^ hiffiself, hls heirs, and assigns only, bound those 
 
 the land. 
 
 (x) Keates v. Lyon, L. E. 4 Ch. tem v. Macdermott, L. R. 5 Eq. 
 
 218, and the olDservations in that 499, 2 Ch. 72 ; Eastwood v. Lever, 
 
 caae on Child v. Douglas, Kay, 560 ; 33 L. J. Ch. 355 ; Jay ■!). Richardson, 
 
 Lord Manners v. Johnson, L. R. 1 30 Beav. 563. 
 
 C. D. 673. (a) Master v. Hansard, L. R. 4 C. 
 
 (y) Whatman v. Gibson, 9 Sim. D. 718. See also Kemp v. Bird, 
 
 196. L. R. 5 C. D. 974. 
 
 (z) Coles V. Sims, Kay. 56 ; Wes- 
 
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PURCHASE DEEDS. 199 
 
 who were in privity of estate with the covenantor. 
 Thus, in Roach v. Wedham (h), lands were conveyed to 
 A. to such uses as B. should appoint, and subject 
 thereto, to B. in fee, in consideration of a fee-farm 
 rent, which B. covenanted for himself, his heirs and 
 assigns, to pay to the vendor. B. afterwards appointed 
 the property to C. under the power ; and it was held, 
 that as C claimed under the power, and not under the 
 estate of B., he could not be sued on B.'s covenants. 
 But if in the above case the conveyance to C. was 
 made subject to the payment by him of the rentcharge, 
 there can be no doubt that in equity he would be liable 
 to pay it and to indemnify B. therefrom. So also, cove- 
 nants will not run with the land if they are only 
 collateral to the thing granted. Therefore a covenant 
 to pay mortgage money, and on the purchase of land 
 limited to the use that the vendor shall receive a 
 yearly rent thereout, and subject thereto to the use of 
 the purchaser in fee, a covenant by the purchaser to 
 pay the rent, are only personal covenants (c). Cove- 
 nants also must relate to the land itself in order to run, 
 and if entered into with reference to other land they 
 are only covenants in gross. Thus where a lessor 
 covenanted with the lessee, his executors, administrators, 
 and assigns, that he would give a right of pre-emption 
 to the lessee, his executors, administrators, and assigns, 
 in respect of a certain piece of adjoining land, this 
 covenant was held not to accrue to the assignee of the 
 lease though named (d). 
 
 Whenever the vendor sells property subject to when 
 certain liabilities, or covenants, for the observance of must'cove- 
 which he is personally liable, and it is a part of the vendor. 
 arrangement that the purchaser shall take the land 
 subject to the same restrictions, the purchaser must 
 enter into a covenant with the vendor to abide by the 
 same (e). 
 
 If on a sale of land, the vendor retains the deeds in when pur- 
 respect of the unsold portion, and at the same time covenant for 
 
 A i- ' production 
 
 of deeds. 
 
 S6 East, 289. ((Q CoUison v. Lettson, 6 Tau. 
 
 Milnes v. Branch, 5 Man. & 224. 
 
 Sel. 411 ; Randall v. Kigby, 4 Mee. (e) Moxhay v. Inderwick, 1 DeG. 
 
 & Wei. 130. & S. 708. 
 
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200 PURCHASE DEEDS. 
 
 enters into a covenant for their production to the pur- 
 chaser, and afterwards sells the remainder of the pro- 
 perty, the second purchaser would be 'entitled to the 
 deeds, but he may be required by the vendor to enter 
 into a covenant with him to perform the covenant for 
 production (/). 
 Convey™"^ Where land is conveyed to more than one person, in 
 tenants. tcrms Sufficient to make them joint tenants, the pur- 
 chasers both at law and in equity take an estate in joint 
 tenancy, if the purchase-money appears to have been 
 purchalCT/^ advanced by them in equal proportions (g) ; but if this 
 advance the be not the case, and the purchase-money is paid in 
 
 purchase- ^ iii 'i-i 
 
 Sfferint" uuequal shares, there would be a survivorship at law, 
 
 proportions, but the purchasors in equity would be entitled to the 
 
 land in the proportions in wliich the purchase-money 
 
 was advanced by them respectively (h). And if one 
 
 joint tenant lays out money in repairs or improvements, 
 
 this would amount to a lien on the land (^) ; and he 
 
 would also have a lien on the land for expenses which 
 
 he might disburse for the renewal of leaseholds (k). 
 
 Fo™part™r° ' ^^ where a conveyance is made to two partners as 
 
 ^os"™" joint tenants for partnership purposes, the survivor 
 
 would hold the estate, as to the share of the deceased 
 
 partner, as a trustee for his representatives (Z). And 
 
 the same principle would apply to the case of a purchase 
 
 by two or more persons for the purpose of a joint 
 
 adventure or speculation (m). 
 
 Purchase by If property is purchased for partnership purposes, it 
 
 partners. -^ ^g^^j^j ^^ ^g^^^ ^j^g conveyauce to a trustee to the 
 
 intent that he may hold the property in trust far the 
 partners as part of the capital of the partnership. For 
 the convenience of the title it may sometimes be 
 desirable to take the conveyance, and to declare the 
 trust by two separate deeds. 
 tte^nameof If a purchaso of real or personal estate is taken in 
 pemn. ^^^ name of a person or persons other than and 
 different from the person who actually paid the pur- 
 
 (f) Dart, 362. Bea. 199. 
 
 ig) Avelingi). JKmpe,19Ves. 441. Q) Morris v. Barrett, 3 Y. & J 
 
 (i^) 2 Ves. Sen. 258. 384. 
 
 (i) Lake v. Gibson, 1 Eq. Ca. Abr. (m) Lake v. Craddock, 3 P. Wms 
 
 290, pi 3. 158 ; Morris v. Barrett, 3 Y. & J. 
 
 (7c) Hamilton v. Denny, 1 Ball & 384. 
 
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PURCHASE DEEDS. 201 
 
 chase-money, there is generally an implied trust in 
 favour of the person who actually paid the money, and 
 parol evidence of such being the case wiU be received 
 in a Court of Equity, although it may appear by the 
 purchase deed that the money was advanced by the 
 nominal purchaser {71). At the same time the pre- 
 sumption in favour of an implied trust may be re- 
 butted by other circumstances brought before the 
 Court in evidence (0). 
 
 There are, however, exceptions to the rule above 1,^™?"""' 
 stated, as where the purchase is taken in the name of 
 a wife ip), child (q), or several children (r), grandchild, 
 where the father is dead (s), an illegitimate child, if 
 there has been a recognition or filial treatment of the 
 purchaser towards him (t), and persons towards whom 
 the purchaser has placed himself in loco parentis (u). 
 In such cases the purchase is regarded as an advance- 
 ment, unless satisfactory evidence is produced to nega- 
 tive the presumption that the purchase was intended 
 to operate as such (v). 
 
 So, also, if a person purchases land or stock in the ^^j*^^ '" 
 joint names of himself and his wife, or in the joint °^]'^u',\"^" 
 names of himself and his child, or grandchild, or any p^raon. 
 other person towards whom the purchaser has placed 
 hxTEaseli in loco parentis, the -pnrchsise will be regarded 
 as an advancement in the absence of evidence suffi- 
 cient to rebut the presumption that the purchase was 
 intended as such, and in the event of the purchaser 
 dying first, the survivor will be entitled to take the 
 whole (x). 
 
 (n) Cripps V. Jee, 4 B. C. C. 472. (0) Rider v. Kidder, 10 Ves. 36 ; 
 
 (0) Rider v. Kidder, 10 Ves. 360 ; Dart. 489 ; Soawin v. Scawin, 1 Y. 
 
 Beecher v. Major, 2 Drew. & Sm. & C. C. C. 65. 
 
 431. (x) Dormer v. Pitcher, 2 My. & 
 
 (p) Glaisterv. Hewer, 8 Ves. 199; K. 262; Low v. Carter, 1 Beav. 
 
 see also Drew v. Martin, 10 Jur. 426 ; Vance v. Vance, 1 Beav. 605 • 
 
 356. Fowkes v. Pascoe, L. R. 10 Ch. 343 
 
 (a) Mumma v. Mumma, 2 Vem. Sayer v. Hughes, L. R. 5 Ec[. 376 
 
 19 ; Dyer v. Dyer, 2 Cox, 92 ; W. Batston v. Salter, L. R. 10 Ch.431 
 
 N. 1877, 184. W.N. 1877, p. 184. As to purchases 
 
 (r) Finch v. Finch, 15 Ves. 43. made by a married woman out of 
 
 (s)Ebrandi;. Dancer, 2 Cha. Ca. 26. her separate estate, in the name of 
 
 h) Kilpin V. Kilpin, 1 M. & K. her child, or a person to whom slie 
 
 542. But see Tucker v. Barrow, 2 had placed herself in loco parentis, 
 
 Hem & Mil 515. see Re De Visme, 2 De Q. J. & Sm. 
 
 (u) Ebrand v. Dancer, 2 Cha. Ca. 17 ; Beecher v. Major, 2 Drew. & Sm. 
 
 26; Currant v. Jago, 1 CoU. 261. 431. 
 
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202 PURCHASE DEEDS. 
 
 terais."* It "was formerly the practice on a purchase, when it 
 
 appeared that the property was subject to a term of 
 years created for purposes which had become satisfied, 
 to keep the term ahve by assigning it to a trustee for 
 the purchaser to attend the inheritance and protect it 
 
 ^spensing from mesue incumbrances. This practice was put an 
 
 23*£nmtt. end to by the Act 8 & 9 Vict. c. 112, which in efiect 
 enacts that (with an exception intended to protect 
 existing interests) all terms of years which by express 
 declaration or construction of law should on the 31st 
 day of December, 1845, be attendant on the inherit- 
 ance, or which Isecoming satisfied after that date 
 should either by express declaration, or by construction 
 of law, become attendant on the inheritance, should 
 absolutely cease and determine. The Act extends 
 to freeholds and such customary lands as will pass by 
 deed, or deed and admittance, and not by surrender (z). 
 
 Purchaser It will be bomo in mind, however, that the term 
 
 should . T 1 A 11 
 
 ascertain will uot ceaso uuder the Act, unless the term is 
 
 that term is ./.r i-i •^^ i iii i • n i 
 
 satisfied, satisfied, and it will not be held to be satisfied so 
 long as there remains any useful purpose beneficial to 
 the owner of the term, and consistent with the trusts 
 on which the term is directed to be held. Thus, 
 where (a) a mortgage for a term was paid off by a per- 
 son who believed himself to be owner of the fee, but who 
 afterwards proved not to be such by reason of the 
 existence of a deed executed after the creation of the 
 term, and unknown to him, it was held that the pay- 
 ment having been made by him under a mistake, the 
 term was not satisfied ; and in another case (6) where 
 a term created by way of mortgage had become vested 
 by transfer in a trustee for the mortgagee, and the 
 mortgagor conveyed the fee to the mortgagee in con- 
 sideration of a release of the debt, but the wife of the 
 mortgagor, although made a party, did not execute 
 the deed, it was held that the term remained on foot 
 as a protection against the wife's dower. So, if by a 
 settlement the term is created for the purpose of 
 raising portions, and the tenant for life of the settled 
 
 (z) See sect. 3. 412. 
 
 (a) Doe d. Clayu. Jones, 13 Q. B. (6) Anderson v. Pienott, L. E. 
 
 VV4 ; 18 L. J. Q. B. 260. See, also, 8 Ch. 180. 
 Shaw 11. Jolinson, 1 Drew. & Sm. 
 
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PCJRCHARK DEEDS. 203 
 
 estate pays off the charge, the term does not by such 
 payment become satisfied for the benefit of the inherit- 
 ance (c). And it is to be borne in mind that where a 
 term would not merge in the inheritance if united in 
 the same person, it will not be attendant when vested 
 in a trustee. 
 
 If at the date of the purchase there are mortgages durances 
 on the estate which are to be discharged, aud there is ^ept'on''^ 
 ground for suspecting the existence of mesne incum- '<""• 
 brances, it may be desirable to keep alive those charges 
 and to assign them, with the securities, to a trustee 
 for the purchaser's protection — a protection oftentimes 
 of great value where there is reason to fear that there 
 may be existing incumbrances, to which the estate may 
 become liable since the creation of the charges (d). 
 
 The deed of conveyance should contain nothing 
 calculated to throw a doubt on the title, and in many 
 cases it may be advisable to execute a separate deed 
 for the purpose of noticing the incumbrances, and 
 clearing up the difficulties connected with the title. 
 
 Whether a purchaser can insist on the vendor exe- of'omvey- 
 cuting the deed in the presence of his (the purchaser's) Sprfor 
 solicitor, depends on the circumstances of the case. SJ.ne'T'' 
 Under some circumstances it would be reasonable and 
 proper to require this, and unreasonable for the vendor 
 to refuse to do so. On the other hand, where there is 
 no doubt of the identity or capacity of the vendor, 
 and his attendance would be inconvenient, such a requi- 
 sition cannot be insisted on. The question whether the 
 requisition is reasonable or not is for a jury to decide (e). 
 Where a vendor does not attend personally to receive 
 the purchase-money, the purchaser may insist on a 
 written authority to pay to the vendor's solicitor, 
 although a receipt signed by the vendor may be in- 
 dorsed on -the deed (/). If the property is sold by 
 auction the auctioneer is entitled to receive the deposit, 
 but without special authority he cannot give a dis- 
 charge for the remainder of the purchase-money (g). 
 
 (c) Hill's Trustees, 318. J. 468 ; Essex v. Daniell, L. R. 10 
 
 (d) Parry v. Wright, 1 Sim. & C. P 538, 
 
 citii ^fi"? (/) Vineyi;. Chaplin, «OT SMpm. 
 
 (J) Viney v. ChapUn, 2 De G. & (g) Sykes v. Giles, 5 M. & W. 645. 
 
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204 PDRCHASE DEEDS. 
 
 V. The arrangements to he made on a purchase 
 in relation to the custody of the title deeds, attested 
 copies, &c. 
 
 Titiedeeds AH the deeds in the possession of the vendor re- 
 soieij"!) the lating to the property sold, and to no other property, 
 ffi^to'be must be delivered to the purchaser on the completion 
 toSfpur- of the purchase, however ancient such deeds may 
 
 chaser. 
 
 be(;i) 
 
 Rule where If property held under one title is sold in lots and 
 
 deeds relate 
 
 toVer pro- there is no stipulation as to the custody of the deeds, 
 pertya o. ^^ practico is for the purchaser of the larger portion 
 in value to have their custody, and to covenant with 
 the other purchasers for their production. If, how- 
 ever, a vendor contracts for the sale of an estate, and 
 the deeds relate not only to such estate but to other 
 land retained by him, it is provided by the " Vendor 
 and Purchaser Act, 1874 " (i), that he shall retain the 
 deeds [j). 
 
 If on the sale of part of an estate the deeds are 
 retained by the vendor, and the purchase is completed 
 without any covenant being entered into by the vendor 
 for their production, on a re-sale of the purchased 
 estate it seems that the vendor could be compelled in 
 equity to produce the deeds (Ic). 
 Vendor's In the abseucc of an express stipulation to the con- 
 
 as to deeds, trary, the vendor is bound at his own expense to 
 ""^rf'to ^^PP-^y ^^® purchaser with attested copies of the deeds 
 purchaser, which are not dehvered up to him (]), with the exception 
 of instruments on record, and the purchaser is entitled 
 at the expense of the vendor to a covenant for their 
 future production at the expense of the purchaser (m). 
 If on the sale of copyholds the copies of Court roll 
 are in the possession or power of the vendor, he is 
 bound to produce them, but if not, the purchaser is 
 
 Qi) Parr v. Lovegrove, 4 Drew. (Q This right is not taken away 
 
 182, note. or qualified by the " Vendor and 
 
 (i) Sec. 2, rule 5. Purchaser Act, 1874 :" Dart, 676. 
 
 (j) Sug. V. & P. 361, 13th Ed. (m) Sug. V. & P. 372 ; Dart, 
 
 (7s) Fain v. Eyres, 2 Sim. & Stu. 442. 
 533. 
 
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that 
 not to 
 deeds. 
 
 PURCHASE DEEDS. 205 
 
 not entitled to a covenant for their production, as he 
 may at any time resort to the rolls themselves (n). 
 
 A tenant in common, or joint tenant, who obtains one joint 
 possession of the title deeds, is entitled to retain them, t^^produM ' 
 but he will be bound to produce them for the inspec- otte™'" 
 tion of his co-tenants (o). 
 
 If by the conditions a purchaser has notice that he ^e?h"r 
 is not to have the title deeds, he cannot require the Ifi^l 
 vendor to supply him with attested copies at his (the '^™ 
 vendor's) expense (p). 
 
 All J. il ni Production 
 
 As a general rule a mortgagee cannot be compelled of deeds by 
 to produce the deeds until he is paid off (q) ; but if he "'°^^^- 
 consents to a sale by the Court the deeds will be 
 ordered into Court, but they will not be delivered out 
 without notice to the mortgagee (r). In a case where 
 a mortgagee was ordered to reconvey part of a mort- 
 gaged estate to the mortgagor, he was compelled to 
 produce the deeds relating to the whole estate which 
 he retained (s). 
 
 VI. By whom the expenses of and incidental to the 
 conveyance are to he borne. 
 
 Where there is no stipulation on the subject of ex- costs of 
 penses, the costs of the conveyance and of all matters 
 relating thereto must be borne by the purchaser, but 
 the expense attendant on the execution and examina- 
 tion of the deed by or on account of the conve3dng 
 parties must be paid by the vendor {t). And in the '^^Jl^^ 
 absence of stipulation, on the purchase of a copyhold ^^IfL 
 estate, the purchaser must pay the expense of the sur- copyholds. 
 render and his admittance {u). In a case where it was 
 stipulated that the purchaser should have proper sur- 
 renders at his expense, it was held that the fine on 
 admittance of the heir of the vendor who had died 
 after the contract, was an extraordinary expense which 
 
 (n) Cooper v. Emory, 1 Ph. 386. C. 103. 
 
 (o) Lambert v. Rogers, 2 Mer. (r) Livesey v. Hardmg, 1 Beaw 
 
 489 2'*^- 
 
 {f) BrotigMon v. Jewel, 15 Ves. («) Yates v. Plumb, 2 Sm. & Gif. 
 
 176 : Cotton V. Scudamore, 1 Kay 174. 
 
 & J 321 (0 ^^^^' ^'^2- 
 
 {q) Sparke v. Montriou, 1 Y. & (») Sug. V. & P. 452. 
 
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206 PURCHASE DEEDS. 
 
 must be borne by the vendor (v). Where the vendor 
 agreed to surrender and assure the copyholds at his 
 own costs, it was held that the vendor was not liable 
 to pay the fine which became payable on the pur- 
 chaser's admittance (x). 
 Expense of If the property is subject to incumbrances at the 
 lumScia; date of the contract, they must either be got in by a 
 distinct deed at the vendor's expense before the con- 
 veyance, or if they are released by the deed of con- 
 veyance, the expenses of the purchase deed, so far as 
 they are increased by the concurrence of the incum- 
 brancer in the same deed, may be thrown on the ven- 
 dor (y). But the purchaser would not be entitled to 
 throw such expense on the vendor when the mortgage 
 debts to be paid off are assigned to a trustee for the 
 purchaser's protection (z). Where after a contract the 
 vendor dies, having devised the legal estate to an 
 infant, his estate must bear the expense of the suit 
 thus rendered necessary, but otherwise if he dies in- 
 testate leaving an infant heir (a). 
 
 {v) Paramore v. Greenslade, 1 Sm. (z) Dart, 471. 
 
 & Gif. 541. (a) Purser v. Darby, 4 Kay & .T. 
 
 (x) Graham v. Sime, 1 East, 632. 41 ; Scott v. Scott, 11 W. Rep. 766 ; 
 
 (V) Sng. V. & P. 448; Reeves v. Barker v. Venahles, 11 Jurl 480. 
 Gill, 1 Beav. 375. 
 
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PURCHASE DEEDS. 
 
 207 
 
 VII. Stamps upon Conveyances. 
 
 By the "Stamp Act, 1870" (33 & 34 Vict. c. 97), con- 
 veyances upon the sale of any property must be stamped with 
 the following duties : — 
 Where the amount or value of the consideration 
 
 for the sale does not exceed £5 . . . 
 And where the same exceeds £5 and does not 
 
 stamps on 
 convey- 
 ances 
 
 exceed . 
 
 10 
 15 
 
 20 
 
 25 
 
 50 
 
 75 
 
 100 
 
 125 
 
 150 
 
 175 
 
 200 
 
 225 
 
 250 
 
 275 
 
 £10 
 
 15 
 
 20 
 
 25 
 
 50 
 
 75 
 
 100 
 
 125 
 
 150 
 
 175 
 
 200 
 
 225 
 
 250 
 
 275 
 
 300 
 
 £ 
 
 
 
 
 
 
 
 
 
 10 
 12 
 15 
 17 
 
 s. 
 
 
 1 
 1 
 
 2 
 2 
 5 
 
 7 
 
 
 2 
 5 
 
 7 
 10 
 
 
 
 () 
 
 
 6 
 
 
 
 6 
 
 6 
 
 6 
 
 6 
 
 
 And where the consideration exceeds £300, then 
 for every £50, and also for any fractional part 
 of £50 of such amount or value . . . 5 
 
 The term " Conveyance on Sale " includes every instrument, 
 and every decree or order of any court or of any commissioners, 
 whereby any property upon the sale thereof is legally or equit- 
 ably transferred to or vested in the purchaser or any other per- 
 son on his behalf or by his direction (a). 
 
 (1.) Where the consideration, or any part of the considera- 
 tion, for a conveyance on sale consists of any stock or market- 
 able security, such conveyance is to be charged with ad valorem 
 duty in respect of the value of such stock or security. 
 
 (2.) Where the consideration, or any part of the considera- 
 tion, for a conveyance on sale consists of any security not being 
 a marketable security, such conveyance is to be charged with 
 ad valorem duty in respect of the amount due on the day of 
 the date thereof for principal and interest upon such security {h). 
 (1.) Where the 6onsideration, or any part of the considera- 
 
 (a) Sec. 70. {h) Sec. 71. 
 
 Interpreta- 
 tion of term. 
 
 How ad 
 valorem 
 duty to he 
 calculated 
 in respect of 
 stock and 
 securities 
 
 Hnw con- 
 sideratiun 
 
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208 PURCHASE DKEDS. 
 
 consisting of tion for a conveyance on sale consists of money payable 
 payments to periodically for a definite period, so that the total amount to 
 
 be cliaxged. f .,"', .-,,■, , ■ ± x. 
 
 be paid can be previously ascertained, such conveyance is to be 
 charged in respect of such consideration with ad valorem duty 
 on such total amount. 
 
 (2.) Where the consideration, or any part of the coasidera- 
 tion, for a conveyance on sale consists of paoney payable 
 periodically in perpetuity, or for any indefinite period not 
 terminable with life, such conveyance is to be charged in respect 
 of such consideration with ad valorem duty on the total amount 
 which will or may, according to the terms of sale, be payable 
 during the period of twenty years next after the day of the 
 date of such instrument. 
 
 (3.) Where the consideration, or any part of the considera- 
 tion, for a conveyance on sale consists of money payable 
 periodically during any life or lives, such conveyance is to be - 
 charged in respect of such consideration with ad valorem duty 
 on the amount which will or may according to the terms of 
 sale, be payable during the period of twelve years next after 
 the day of the date of such instrument. 
 
 (4.) Provided that no conveyance on sale chargeable with ad 
 valorem duty in respect of any periodical payments, and con- 
 taining also provision for securing such periodical payments, is 
 to be charged with any duty whatsoever in respect of such 
 provision, and no separate instrument made in any such case 
 for securing such periodical payments is to be charged with any 
 higher duty than 10s. (c). 
 How con- Where any property is conveyed to any person in considera- 
 conswera" tion wholly or in part, of any debt due to him, or subject either 
 debtor certainly or contingently to the payment or transfer of any 
 future pay- moncy or stock, whether being or constituting a charge or in- 
 to be "' cumbrance upon the property or not, such debt, money, or stock 
 is to be deemed the whole or part, as the case may be, of the 
 consideration, in respect whereof the conveyance is chargeable 
 with ad valorem duty {d), 
 S'to°auSr (■'••) ^^^^^ ^"^y property has been contracted to be sold for 
 one consideration for the whole, and is conveyed to the pur- 
 chaser in separate parts or parcels by different instruments, the 
 consideration is to be apportioned in such manner as the parties 
 
 (c) Sec. 72. See Limmer Asphalte Paving Company v. Commissioners 
 of Inland Revenue, L. R. 7 Ex. 5ill. 
 
 (d) Sec. 73. 
 
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 in certain 
 cises. 
 
PURCHASE DEEDS. 209 
 
 think fit, so that a distinct consideration for each separate part 
 or parcel is set forth in the conveyance relating thereto, and 
 such conveyance is to be charged with ad valorem duty in 
 respect of such distinct consideration. 
 
 (2.) Where property contracted to be purchased for one con- 
 sideration for the whole by two or more persons jointly, or by 
 any person for himself or others, is conveyed in parts or parcels 
 by separate instruments to the persons by or for whom the same 
 ■was purchased for distinct parts of the, consideration, the con- 
 veyance of each separate part or parcel is to be charged with 
 ad valorem duty in respect of the distinct part of the con- 
 sideration therein specified. 
 
 (3.) "Where a person, having contracted for the purchase of 
 any property, but not having obtained a conveyance thereof, 
 contracts to sell the same to any other person, and the property 
 is in consequence conveyed immediately to the sub-purchaser, 
 the conveyance is to be charged with ad valorem duty in 
 respect of the consideration for the sale by the original pur- 
 chaser to the sub-purchaser. 
 
 (4.) Where a person, having contracted for the purchase of 
 any property, but not having obtained a conveyance, contracts 
 to sell the whole, or any part or parts thereof, to any other 
 person or persons, and the property is in consequence conveyed 
 by the original seller to different persons in parts or parcels, the 
 conveyance of each part or parcel is to be charged with ad 
 valorem duty, in respect only of the consideration moving from 
 the sub-purchaser thereof, without regard to the amount or 
 value of the original consideration. 
 
 (5.) Where a sub-purchaser takes an actual conveyance of 
 the interest of the person immediately selling to him, which is 
 chargeable with ad valorem duty in respect of the consideration 
 moving from him, and is duly stamped accordingly, any convey- 
 ance to be afterwards made to him of the same property by the 
 original seller shall be exempt from the said ad valorem duty^ 
 and chargeable only with the duty to which it may be liable 
 under any general description, but such last mentioned duty 
 shall not exceed the ad valorem duty (e). 
 
 Where upon the sale of any annuity or other right not before As to the 
 in existence, such annuity or other right is not created by actual annuity or 
 
 , . , Till -right not 
 
 grant or conveyance, but is only secured by bond, warrant oiheforem 
 
 (fi) Sec. 74. 
 
 VOL. I. P 
 
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210 PURCHASE DEEDS. 
 
 attorney, covenant, contract, or otherwise, the bond or other 
 instrument, or some one of such instruments, if there be more 
 than one, is to be charged with the same duty as an actual 
 grant or conveyance, and is for all the purposes of the Act to 
 be deemed an instrument of conveyance on sale (/). 
 Where Where there are several instruments of conveyance for com- 
 
 several in- *: _ . , i 
 
 tb^'rtS*^' pleting the purchaser's title to the property sold, the principal 
 ment onf "to instrument of conveyance only is to be charged with ad valorem 
 wittS^"^ duty, and the other instruments are to be respectively charged 
 du^"!" with such other duty as they may be liable tp, but such last 
 
 mentioned duty shall not exceed the ad valorem duty payable 
 
 in respect of the principal instrument (g). 
 Principal H) In the cascs below specified the principal instrument is 
 
 instrument \- / ^ ^ i. ^ -»■ * 
 
 how to be to be ascertained in the following maimer. 
 
 ascertained. ° 
 
 (a.) Where any copyhold or customary estate is conveyed 
 by a deed, no surrender being necessary, the deed is to 
 be deemed the principal instrument. 
 (6.) In other cases of copyhold or customary estates the 
 surrender or grant, if made out of Court, or the 
 memorandum thereof, and the copy of court-roll of 
 the surrender or grant, if made in Court, shall be 
 deemed the principal instrument, 
 (c.) Where in Scotland there is a disposition or assignation 
 executed by the seller, and any other instrument is 
 executed for completing the title, the disposition or 
 assignation is to be deemed the principal instrument. 
 (2.) In any other case the parties may determine for them- 
 selves which of several instruments is to be deemed the prin- 
 cipal instrument, and may pay the ad valorem duty thereon 
 accordingly (h). 
 deedfof ^^^ SEPAEATE DEED OF COVENANT (not being an instru- 
 
 covenant. juent chargeable with ad valorem duty as a conveyance on sale 
 or mortgage), made on the sale or mortgage of any property, and 
 relating solely to the conveyance or enjoyment of, or the title to, 
 the property sold or mortgaged, or to the production of the 
 muniments of title relating thereto, or to all or any of the 
 matters aforesaid, is chargeable with a duty equal to the ad 
 valorem duty on the consideration or mortgage money, where 
 the ad valorem duty shall not exceed 10s., and in any other case 
 with a duty of 10s. (i). 
 
 (/) Sec. 75. (g) Sec. 76. (h) Sec. 77. 
 
 (i) 33 & 34 Vict. c. 97, under tie liead " Covenant." 
 
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PUHCHASE DEEDS. 211 
 
 The duplicate or counterpart of an instrument charged Duplicates, 
 ■with duty must be stamped with the same duty as the original 
 instrument where the duty does not amount to 5s., and in any 
 other case with a duty of 5s. The 93rd section of the " Stamp 
 Act, 1870," provides that the duplicate or counterpart of an 
 instrument chargeable with duty (except the counterpart of an 
 instrument chargeable as a lease, such counterpart not being 
 executed by or on behalf of any lessor or grantor), is not to be 
 deemed duly stamped unless it is stamped as an original 
 instrument, or unless it appears by some stamp impressed 
 thereon that the full and proper duty has been paid upon the 
 original instrument of which it is the duplicate or counterpart. 
 
 Any unstamped or insufficiently stamped instrument may be unstampoa 
 
 \ . . instrument, 
 
 stamped after its execution on payment of the unpaid duty, 
 and also of a penalty of iGlO, and, where such duty shall exceed 
 ^10, interest after the rate of £5 per cent, per annum on the 
 duty or deficiency of duty to be paid from the execution of the 
 instrument, yet so that the amount of interest is not to exceed 
 the sum to be paid on account of duty or deficiency of duty up 
 to the time when such interest is equal in amount to the unpaid 
 duty. Provided : — 
 
 (1.) That any unstamped or insufficiently stamped instru- 
 ment which has been first executed at any place out 
 of the United Kingdom may be stamped at any time 
 within two months after it has been first received in 
 the United Kingdom on payment of the unpaid duty 
 only. 
 (2.) That the Commissioners may, if they think fit, at 
 any time within twelve months after the first execu- 
 tion of any instrument, remit the penalty or any part 
 thereof (k). 
 Until the deed or instrument is properly stamped, it cannot 
 be offered in evidence (except in criminal cases) (I). The ab- 
 sence of the proper stamp, however, does not affect the validity 
 of the deed. 
 
 If a document, upon its production as evidence in any Court produetiou 
 of Judicature in any part of the United Kingdom, is found not ments as 
 to be sufficiently stamped, the officer of the Court is empowered ° 
 to receive and give a receipt for the unpaid duty and the 
 penalty required by the statutes, and an additional penalty 
 
 (ifc) Sec. 15. (0 Sec. 17. 
 
 p 2 
 
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212 PURCHASE DEEDS. 
 
 of £1. On this being done the document will be admissible in 
 evidence, and the Commissioners are required to denote the 
 payment of such duty and penalty on the instrument on the 
 production of the receipt of the said officer (m). 
 Opinion ot SUBJECT to such regulations as the Commissioners may think 
 
 comuiis- ° ^ , 
 
 suSnc *" ^* *° make, they may be required by any person to expi-ess their 
 of siamp. opinion with reference to any executed instrument : (1) Whether 
 it is chargeable with duty ; (2) With what amount of duty it is 
 chargeable. If the Commissioners determine that the instru- 
 ment is not chargeable with duty, it may be stamped with a 
 stamp denoting that it is not so chargeable. If they determine 
 that it is chargeable with duty, they are to assess the duty with 
 which in their opinion it is chargeable, and when the instrument 
 is duly stamped in accordance with the assessment it may be 
 also stamped with a particular stamp denoting that it is duly 
 stamped (n). Any person dissatisfied with the assessment of 
 the Commissioners may within twenty-one days after the assess- 
 ment appeal against the assessment to Her Majesty's Court of 
 Exchequer (o). 
 
 What is The transaction, in order to require an ad valorem stamp as 
 
 property * ■■ 
 
 within upon a Conveyance, must be a sale of property. 
 
 stamp Act. An assignment of personalty was made to trustees in trust to 
 sell, and out of the proceeds to pay themselves the debts owing 
 to them, and then the debts due to the other creditors, and to 
 pay over the surplus to the assignees ; this assignment was held 
 to require only a common deed stamp (p). A conveyance by a 
 father to his son in consideration of natural love, &c., and also 
 of the provision which the son had that day made by bond of 
 a£1500 for his sister's portion, is not a sale (q). By a marriage 
 settlement the uncle of the husband agreed, in consideration of 
 the portion advanced by the lady, to pay to the trustees for the 
 use of the husband and wife, during their joint lives, an annuity 
 of £800 : the Court held that this was not a sale, and did nofc 
 require the deed to be stamped as a conveyance on the sale of 
 property (r). Where an instrument which purported to be a 
 release of land, but which not being by deed could not operate 
 
 (m) Sec. 16. (g) Denn v. Diamond, 4 B. & C. 
 
 (n) Sec. 18. 243. 
 
 (o) Sec. 19. M Massy v. Nanney, 3 Bing. N. 
 
 (p) Coates V. Perry, 3 Brod. & B. C. 478. 
 
 48. 
 
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PURCHASE DEEDS. 213 
 
 as such, contained a stipulation not to disturb the party who 
 intended to take the premises, it was held to operate as an 
 agreement, and to require a stamp appropriate to such instru- 
 ment (s). In Warren v. Howe (t), it was decided that a judg- 
 ment debt was not property within the meaning of the Stamp 
 Act, title " Conveyance ; " but this decision has been virtually 
 overruled (ii). It is also clear that an assignment of a policy 
 of assurance is a conveyance on sale of property within the 
 Stamp Act (v). In Belcher v. Brymer (w), two persons who 
 had entered into certain contracts with the Victualling Office, 
 agreed to dissolve partnership, and executed a deed whereby 
 one agreed to resign to the other all his interest in those 
 contracts, all debts due to the concern, and all share of the 
 partnership property, and the other agreed to pay him £50,000, 
 at which sum his share was valued ; it was held on the authority 
 of Warren v. Howe, that this was not a sale of property, 
 and did not require an ad valorem stamp. But in a case 
 where on a dissolution of a partnership, a deed was executed 
 by which the retiring partner, in consideration of the sum of 
 £17,313, part of the moneys and assets of the dissolved co- 
 partnership, to him allowed in account as an equivalent for the 
 value of his share, conveyed his share in the real assets to the 
 continuing partners, the deed was held to be a conveyance upon 
 a sale so as to require an ad valorem stamp (x) ; and in Potter 
 V. The Commissioners of Inland Revenue {y), it was held that 
 the assignment of the goodwill of a trade required such stamp. 
 So also where on the dissolution of a partnership between 
 two persons, the share of the retiring partner was by deed 
 conveyed to the other partner in consideration of £10,000, being 
 the sum at which the share of the retiring partner was valued, 
 this deed was held to be a conveyance of property within the 
 meaning of the Stamp Act (z). 
 
 When an ad valorem stamp is imposed, a deed stamp is not 
 necessary, though the former should be less in amount (a). 
 
 No additional stamp is necessary when the deed contains 
 
 (s) 6 B. & C. 665. of Inland Revenue, L. R. 2 Ex. 
 
 (t) 2B. &C. 281. 399. 
 
 («) See observations of Eolfe, B., (y) 10 Ex. Rep. 147. 
 
 on this point in Caldwell v. Dawson, (z) Christie u The Commissioners 
 
 5 Ex. Rep. 1. of Inland Revenue, L; R. 2 Ex. 
 
 (w) Caldwell v. Dawson, 5 Ex. 46. 
 
 Rep. 1. (?) Clayton v. Burtenshaw, 5 B. 
 
 (w) 6 B. & C. 234. & C. 41, 
 
 fx) Phillips V. The Commissioners 
 
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214 PURCHASE DEEDS. 
 
 only what is incidental to the sale, as a covenant for the pro- 
 duction of deeds or an assignment of terms to attend the 
 inheritance (fc).j 
 
 of pmcZie If tl^e instrument is a compound of a purchase and a mort- 
 gage, the deed must be stamped with the proper ad valorem 
 duties, as on a purchase and mortgage for the specified sums. 
 
 16 & 16 Vict The 15 & 16 Vict. c. 55, s. 13, provides that all vesting orders 
 under the "Trustee Act, 1850," or, under that Act, having the 
 effect of conveyances, &e., must be stamped as if they had been 
 deeds. 
 
 and mort- 
 
 c. 65, 
 
 No. I. 
 PAKCELS with general words. 
 woBDs^ 1. All that piece or parcel of meadow or pasture land com- 
 
 PABCELS 
 
 WITH 
 GENERAL 
 
 1. monly called or known by the name of , situate in the 
 
 land. parish of , in the county of , containing by admeasure- 
 ment , or thereabouts, and bounded on the north by land 
 
 of , and on all other sides by land of , which piece or 
 
 parcel of land is in the occupation of , as yearly tenant 
 
 thereof, and is delineated and coloured pink in the map or plan 
 drawn in the margin of these presents : Together with all 
 buildings, commons, fences, hedges, ditches, ways, waters, water- 
 courses, liberties, privileges, easements, and appurtenances 
 whatsoever to the said piece or parcel of land belonging or in 
 anywise appertaining or usually held or occupied therewith or 
 reputed to belong or be appurtenant thereto, And all the 
 ESTATE, right, title, interest, claim and demand whatsoever of 
 
 the said , in to and upon the said premises and every part 
 
 thereof. 
 
 2. 2. All that messuage or dwelling-house with the outbuild- 
 snburb.^5"' '' ings, yard, and garden thereto belonging, commonly called 
 
 cottage, situate in lane, in the parish of , in the 
 
 county of , and now in the occupation of , as yearly 
 
 tenant thereof, which premises contain together by admeasure- 
 ment or thereabouts, and are delineated and coloured pink 
 
 (6) 2 Ad. & El., N. S. 321. 
 
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rUECHASE DEEDS. 215 
 
 PARCELS 
 
 WITH 
 
 GENERAL 
 
 WORDS. 
 
 in the map or plan drawn in the margin of these presents : 
 Together with all buildings, yards, gardens, trees, fences, 
 hedges, ditches, ways, sewers, drains, watercourses, liberties, 
 privileges, easements, and appurtenances whatsoever to the said 
 messuage and premises belonging or in anywise appertaining or 
 usually held or occupied therewith, or reputed to belong or be 
 appurtenant thereto. And all the estate, &c. 
 
 3. All that messuage or dwelling-house, with the outbuildings j^ ^^^^ j^ ^ 
 
 and yard belonging thereto, being No. 4, street, ''^^**- 
 
 square, in the parish of , in the county of Middlesex, and 
 
 now in the occupation of , under a lease dated the day 
 
 of , for a term of years, commencing from the date of 
 
 the said lease, at the yearly rent of , which messuage and 
 
 premises are bounded, &c. : Togetheu with all buildings^ 
 yards, courts, areas, sewei's, drains, watercourses, lights, liberties, 
 privileges, easements, and appurtenances whatsoever to the said 
 messuage and premises belonging or in anywise appertaining or 
 usually held or occupied therewith or reputed to belong or be 
 appurtenant thereto. And all the estate, &c. 
 
 4. All that plot, piece, or parcel of ground situate in the ^ .f-^^ 
 
 parish of , in the county of , on the north side of a new }'^'j;^'^'°?tii a 
 
 road or street now in course of formation, and called or intended erected"**^^ 
 
 to be called ro.ad, which plot, piece, or parcel of ground is w^"™"- 
 
 bounded, &c., and contains in width from east to west feet 
 
 or thereabouts, and in depth from north to south feet or 
 
 thereabouts, and the same is delineated and coloured pink in 
 the map or plan drawn in the margin of these presents. And 
 also the messuage or tenement lately erected on the said plot, 
 piece, or parcel of ground, and numbered or intended to be 
 
 numbered in road aforesaid : And ALSO full and free 
 
 rio'ht and liberty in common with the owners and occupiers of 
 the other messuages and premises in the said road or street, to 
 pass and repass over and along the same road or street either 
 with or without horses, carts, and carriages, at all times and for 
 all purposes, the said , his heirs and assigns, paying a rate- 
 able proportion with the said other owners and occupiers, of the 
 expense of keeping the said road or street in repair : Together 
 with ALL buildings, &c. (General words, No. 3.) And all 
 the estate, &c. 
 
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216 
 
 PURCHASE DEEDS. 
 
 PARCELS 
 
 WITH 
 
 OXNEBAIi 
 
 WORDS. 
 
 5. 
 
 A farm and 
 lands. 
 
 5. All that farm, with the messuage, tenemeat, or farm- 
 house, barns, stables, outhouses, closes, pieces, or parcels of 
 
 land belonging thereto, called farm, situate in the parish of 
 
 ■ , in the county of , containing together by admeasure- 
 ment or thereabouts, and in the occupation of as 
 
 yearly tenant thereof, all which premises are more particularly 
 described in the schedule hereunder written, and are delineated 
 and coloured pink in the map or plan hereunto annexed, and 
 referred to by the said schedule : Together with all buildings, 
 barns, stables, yards, gardens, commons, trees, fences, hedges, 
 ditches, ways, waters, watercourses, liberties, privileges, ease- 
 ments, and appurtenances whatsoever to the said premises be- 
 longing or in anywise appertaining or usually held or occupied 
 therewith, or reputed to belong or be appurtenant thereto. 
 And all the estate, &c. 
 
 A large 
 
 estate, 
 
 comprising 
 
 manor, 
 
 advowson, 
 
 mansion 
 
 house, and 
 
 farms. 
 
 6. All that the manor or lordship of , or reputed manor 
 
 or lordship of , in the county of , and all that the 
 
 advowson or perpetual right of presentation of and to the 
 
 rectory and parish church of , in the county of : AxD 
 
 ALSO all that capital messuage or mansion house called 
 
 Hall, situate in the parish of , with the stables, out- 
 buildings, lawns, pleasure grounds, plantations, cottages, and 
 pieces or parcels of land thereunto belonging, and held there- 
 with, containing together by admeasurement or there- 
 abouts, and now or late in the possession of the said (vendor) 
 or his undertenants : And also all that farm, with the messuage, 
 tenement, or farm-house, buildings, closes, and parcels of land 
 
 belonging thereto, called farm, situate in the said parish 
 
 of , containing together by admeasurement , and now 
 
 in the occupation of , at the yearly rent of £ . And 
 
 also all that farm, &c. (describe it in the same way), all which 
 capital and other messuages, farms, lands, tenements, and here- 
 ditaments (except the said manor and advowson), are more par- 
 ticularly described in the schedule hereunder written, and are 
 also delineated in the map or plan hereunto annexed and 
 referred to by the said schedule : Together with all houses, 
 outhouses, barns, stables, coach-houses, buildings, yards, gardens, 
 orchards, pleasure-grounds, tofts, lands, meadows, pastures, 
 heaths, moors, wastes, waste grounds, folds, foldcourse, and 
 liberty of foldage, feedings, parks, warrens, commons, common 
 pf pasture, conimon of turbary, njiufs, minerals, c^uarries, mills. 
 
 Digitized by Microsoft® 
 
PUECHASE DEEDS. 217 
 
 wrni 
 
 GENERAL 
 WORDS. 
 
 niulctures, customs, tolls, duties, furzes, trees, woods, under- ^''^^^ 
 woods, coppices, and the ground and soil thereof, mounds, 
 fences, hedges, ditches, ways, waters, watercourses, fishings, 
 fisheries, fowlings, courts leet, courts baron, and other courts, 
 perquisites and profits of court, view of frank pledge and all 
 that to view of frank pledge doth belong, reliefs, heriots, fines, 
 amerciaments, goods and chattels of felons and fugitives, felons 
 of themselves, and outlawed persons, waifs, estrays, chief rents, 
 quit rents, rents of assize, fee farm and other rents, services, 
 royalties, jurisdictions, franchises, liberties, privileges, easements 
 and appurtenances whatsoever, to the said manor or reputed 
 manor, and other hereditaments hereby granted, or expressed 
 so to be, belonging or in anywise appertaining, or usually held 
 or occupied therewith, or reputed to belong or be appurtenant 
 thereto. And all the estate, &c. 
 
 7. All that, &c. (parcels as described in the Court Rolls), To r. 
 
 • , /. -Ill • 1 » Ti Copyholds. 
 
 ALL which hereditaments hereinbefore described, the said A. B. 
 (vendor) was admitted tenant at a court holden in and for the 
 
 said manor, on the day of , (or " was admitted tenant 
 
 out of court on the day of .") (General words, see 
 
 suprd, according to the nature of the property.) 
 
 8. (F.) All such and so many and such part or parts as is or a 
 
 iTo/TT 777 Freeholtls 
 
 are of freehold tenure of all, &c. (Parcels, general tcords, and and mn- 
 
 holds inter- 
 
 all the estate, dc.) ?JiTJaT,S 
 
 be distin- 
 guished. 
 
 (C.) All such and so many and such part or parts as is or are 
 of copyhold or customary tenure of all and singular the here- 
 ditaments and premises hereinbefore described, and the free- 
 hold parts whereof are hereinbefore granted or expressed so 
 to be. 
 
 9. (F.) All those messuages or tenements, lands, and here- ^^.^^^^^^j^ 
 
 ditaments, situate in the parish of , in the county of , ^'^f^^ry-^^ 
 
 particularly mentioned and described in the schedule hereunder ['^y 3^™°* 
 written, and delineated in the map or plan hereunto annexed, ^^^ 
 and referred to by the said schedule : Save and except out of ■*''^™) 
 the grant intended to be hereby made, such and so many and 
 
 such part or parts of the hereditaments comprised in the said 
 pchediUe as being of copj^hold temire is and are hereinafter 
 
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218 PUECHASB DEEDS. 
 
 ""wth'^ (covenanted to be surrendered. And also (by way of grant and 
 wo™" "^"^ *^^ exception) all buildings, &c. (General words, and all 
 the estate, dc.) 
 
 (C.) All that customary messuage, &c. [parcels according to 
 the ancient description in the Court Rolls), To which premises 
 the said A. B. was admitted tenant at a court holden in and for 
 
 the said manor on the day of , And which premises 
 
 hereby covenanted to be surrendered, are now better known as 
 constituting the copyhold portion of the hereditaments described 
 in the schedule hereunder written : Together with all buildings, 
 &c. {General words, and all the estate, dc.) 
 
 A ver "short ^^- '^^^ hereditaments described in the schedule hereto, together 
 reteenoo to ^^^*^ ^^^ rights and things appurtenant or reputed to be appur- 
 scheduie. tenant thereto. 
 
 No. II. 
 
 coNVEYABCK. CONVEYANCE of Freeholds to a Purchaser in Fee. 
 
 OF FREE- "^ 
 
 p^cSJeb this indenture, made the day of , Between 
 
 — ■ — '— A. B., of, &c. {vendor), of the one part, and C. D. of, &c. (pwr- 
 Becite chaser), of the other part : Whereas the said A. B. hath agreed 
 to s^tSe!"' "with the said C. D., for the absolute sale to him of the heredita- 
 ments intended to be hereby granted, and the inheritance 
 thereof in fee simple in possession, free from incumbrances, at 
 
 Witnessing the price of f : NOW THIS INDENTURE WITNES- 
 
 considera- SETH, that in pursuance of the said agreement, and in con- 
 
 *'°"' sideration of the sum of £ to the said A B., paid by the 
 
 said C. D. on or before the execution of these presents (the re- 
 Eeoeipt ceipt wjicreof the said A. B. doth hereby acknowledge, and 
 from the same doth hereby release the said C. D.), the said 
 Vendor A. B. doth hereby grant unto the said C. D. and his heirs, 
 grants ^-^^ ^^ (parccls, general words, and all the estate, dc, see 
 tH^ sttpra, p. 214) : To have and to hold the hereditaments and 
 chaser in premises hereby granted, or expressed so to be, unto and to the 
 use of the said C, D., his heirs and assigns for ever : [And it is 
 
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 fee. 
 
PURCHASE DEEDS, 219 
 
 HEREBY declared by the said C. D. that if he shall leave a toNVEVAnce 
 
 •/ OF FREE- 
 
 widow, such widow shall not be entitled to dower out of the J?°™ ™ 
 
 FURCHASEK 
 
 said premises :] (a) And the said A. B. doth hereby for himself, '" "''• 
 
 his heirs, executors, and administrators (b), covenant with the f IfiJ^gj**'"'' 
 said C. D , his heirs and assigns, That notwithstanding any act, ''°*^''- . 
 deed, or thing by the said A. B. [or by any of his ancestors] (c) by vendor, 
 done, or executed, or knowingly suffered to the contrary, he the 
 said A. B. now hath good right to grant the hereditaments and ^or ngut to 
 
 i=> o ^ convey. 
 
 premises hereby granted, or expressed so to be, unto and to the 
 use of the said 0. D., his heirs and assigns, in manner aforesaid : 
 And that the said C. D., his heirs and assigns, shall and may For qmet 
 at all times hereafter peaceably and quietly possess and enjoy "^ ^""^ 
 the said hereditaments and premises, and receive the rents and 
 profits thereof, without any lawful eviction, interruption, claim, 
 or demand whatsoever, from or by the said A. B., or any person 
 or persons lawfully or equitably claiming from, under, or in 
 trust for him [or from or under any of his ancestors] : And Free from 
 THAT free from all incumbrances whatsoever made or suffered trances, 
 by the said A. B. [or any of his ancestors], or any person or 
 persons lawfully or equitably claiming as aforesaid : And 
 FURTHEK, THAT HE the said A. B., and all persons having or and for 
 lawfully or equitably claiming any estate or interest in the assurance. 
 said hereditaments and premises, or any of them, or any part 
 thereof, from, under or in trust for him the said A. B., [or 
 from or under any of his ancestors,] shall and wiU from time to 
 time, and at all times hereafter, at the request and cost of the 
 
 (a) It is tlie better opinion that as a purchaser has, imcTer the present As to the 
 law, the power of depriving his wife of her dower out of the purchased IJI'serthig ° 
 property by a subsequent disposition by deed or will, there is no suflftcient the declara- 
 reason for negativing her right to dower by a declaration in the deed of ^"Jg^'"^' 
 conveyance, and that such declaration ought therefore to be omitted in the 
 absence of special instructions or special circumstances. If such a declara- 
 tion is embodied in the deed it is a bar, although the purchaser does not 
 execute the conveyance. (Fairley v. Tuck, 6 W. Eep. 9!) 
 
 (b) The words " for himself, his heirs, executors, and administrators " are words "for 
 now unnecessary, and might safely be omitted. They were formerly inserted, ]jj,™f.^^^"? 
 because specialty debts where the heir was expressed to be bound had a aravenant" 
 priority over other debts in the administration of assets, but this is no now unne- 
 longer the case. , cessary. 
 
 (c) According to the practice of conveyancers, a vendor, being the bene- Covenants 
 ficial owner, enters into covenants for title as against his own acts and the f"' t'ti"- 
 acts of those claiming under him, and if he has acquired the property 
 
 by descent or devise, or otherwise than by purchase, against the acts of his 
 ancestors or testators or donors, as the case may be. In the above Prece- 
 dent it is assumed that the vendor acquired the property by descent, but if 
 he was himself the purchaser, the words within brackets will be omitted 
 throughout. 
 
 Digitized by Microsoft® 
 
220 PUECHASB DEEDS. 
 
 "ot™!™-""' ^^^^ ^- ^■> ^^ heirs, or assigns, do and execute, or cause to be 
 
 ruRc^OTK ^°"° ^^^ executed, all such acts, deeds, and things whatsoever, 
 
 "* ^^- for further and more perfectly assuring the said hereditaments 
 
 and premises, and every part thereof, unto and to the use of the 
 
 said C. D., his heirs and assigns, in manner aforesaid, as shall 
 
 Covenant or may be reasonably required. [And the said A. B. doth 
 
 to produce j j i. l. 
 
 deeds. hereby for himself, his heirs, executors, administrators, and 
 assigns, covenant -with the said C. D., his heirs and assigns, that 
 he the said A. B., his heirs and assigns, will, unless prevented 
 by fire or some other inevitable accident, from time to time and 
 at all times hereafter upon every reasonable request, and at the 
 cost of the said C. D., his heirs or assigns, produce or cause to 
 be produced to him or them, or his or their attornies or agents, 
 or at any trial, hearing, commission, examination, or otherwise 
 as occasion shall require, all or any of the deeds and writings 
 comprised in the schedule hereto, for the purpose of showing 
 his or their title to the hereditaments and premises hereby 
 granted, or expressed so to be, or any part thereof; And also 
 at the like request and cost deliver or cause to be delivered unto 
 the said C D., his heirs or assigns, such attested or other copies 
 or extracts of or from the said deeds and writings, or any of 
 them, as he or they may require ; And, will in the meantime,- 
 unless prevented as aforesaid, keep the same deeds and writings 
 safe, unobliterated and uncancelled] (c). 
 In witness, &c. 
 
 The Schedule referred to in the above written 
 Indenture. 
 
 (c) This covenant within brackets will be added when the deeds or some 
 of them are retained by the vendor, and they are not covenanted to be pro- 
 duced by a separate instrument. 
 
 Digitized by Microsoft® 
 
PURCHASE DEEDS. 221 
 
 No. III. 
 GRANT of Freeholds to a Pukchasee in Fee, iv'ith grant of 
 
 /-i /• m T* FREEHOLDS 
 
 (JOVENANTS for 1 ITLE ana for PfiODUCTION of DeED.S. to pub- 
 
 •^ "^ *^ CHASER IN 
 
 (In paraqraphs) (a). "ee (m pa- 
 
 \ X- J jr I \ / RAOBAPHS). 
 
 THIS INDENTURE, &c. (parties and recitals as in last Pre- „ i- 
 
 Ceclent) : tSon and 
 
 receipt. 
 
 NOW THIS INDENTURE WITNESSETH as follows :— 
 
 1. In consideration of the sum of £ , as the purchase-money 
 
 of the hereditaments intended to be hereby granted, paid to the 
 said A. B. by the said C. D. on or before the execution of these 
 presents, (the receipt whereof the said A. B. doth hereby ac- 
 knowledge, and from the same doth release the said C. D.,) the 
 said A. B. doth hereby grant, &c. (Grant to C. D. in fee simple Grant. 
 as in last Precedent.) 
 
 2. The said A. B. doth hereby, &c. (Covenants for title as in % 
 
 Covenants 
 
 last Precedent.) for utic. 
 
 S. The said A. B. doth hereby, &c. Covenants to produce s. 
 
 ■' -^ Covenant 
 
 deeds as in last Precedent.) to produce 
 
 ' deeds. 
 
 In witness, &c. 
 
 (a) See observations on the paragraph system in vol. ii. A purchase or Parauraph 
 mortgage deed drawn in paragraphs is rarely met with, and as these instru- ^y^'^'"- 
 ments are usually of a simple character, the advantages of the plan are not 
 so obvious in their case as in the case of articles of partnership, settlements, 
 and wills, and other instruments usually containing numerous clauses. But 
 even a simple deed drawn in paragraphs is neat^nd perspicuous, and a few 
 forms prepared upon this system are given for the benefit of those practi- 
 tioners who may like to adopt it. 
 
 Digitized by Microsoft® 
 
222 
 
 PUECHASB DEEDS. 
 
 No. IV. 
 
 OP FREE- 
 HOLDS TO 
 PUHCHASER 
 IN FEE. 
 
 [Sluyrt 
 
 Form,'] 
 
 CONVEYANCE of Freeholds to a Puechasee in Fee, 
 with Covenant for Pbodttction 0/ Deeds. {A very 
 short form) (a). 
 
 Parties. THIS INDENTUEE. made the 
 
 day of ■ 
 
 Between 
 
 Considera- 
 tion. 
 
 Grant by 
 vendor to 
 purchaser. 
 
 Covenants 
 for title l)y 
 vendor. 
 
 Covenant 
 for produce 
 tion of 
 deeds. 
 
 A. B., of, &c. (vendor), of the one jDart, and C. D., of, &c. (pur- 
 chaser), of the other part, WITNESSETH that in consideration 
 
 of £ now paid by the said C. D. to the said A. B.by way 
 
 of purchase-money (the receipt whereof is hereby acknowledged), 
 the said A. B. doth hereby grant unto the said C. D., his heirs 
 and assigns. The hereditaments described in the first schedule 
 hereto, together with all rights and things appurtenant or 
 reputed to be appurtenant thereto, And all the estate and 
 interest of the said A. B. therein : To hold the same unto and 
 to the use of the said C. D., his heirs and assigns, for ever : 
 And the said A. B. doth hereby covenant with the said C. D., 
 his heirs and assigns, That notwithstanding anything by the 
 said A. B. [or any of his ancestors] done or knowingly suffered 
 to the contrary, the said A. B. now hath good right to grant 
 the said hereditaments in manner aforesaid ; And that the said 
 C. D., his heirs and assigns, shall quietly possess and enjoy the 
 said hereditaments without any interruption or claim from or 
 by the said A. B. or any person rightfully claiming under him 
 [or any of his ancestors] : And THAT the said A. B. and all 
 persons rightfully claiming imder him [or any of his ancestors] 
 will at all times hei-eafter, at the request and cost of the said 
 C. D., his heirs and assigns, do all such things for further 
 assuring the said hereditaments to him or them in manner 
 aforesaid as may be reasonably required ; And also that the 
 said A. B.. his heirs and assigns, will at all times, at the request 
 and cost of the said C. D., his heirs or assigns, produce to him 
 or them, or as he or they shall direct, the deeds and writings 
 specified in the second schedule hereto for evidencing the title 
 to the said hereditaments, and also furnish to him or them 
 copies or extracts of or from the said deeds and writings, and 
 
 (a) This form may safely he used where extreme brevity is desired. 
 
 Digitized by Microsoft® 
 
PURCHASE DEEDS, 223 
 
 will ia the meantime keep the same safe (damage by fire or o" ™^^ 
 other accident excepted). pobch'asee 
 
 IN FEE. 
 
 [.Short 
 
 Form.'] 
 
 The 1st Schedule above referred to. 
 The 2nd Schedule above referred to. 
 
 No. V. 
 
 APPOINTMENT and Conveyance of Freeholds to a appoint- 
 Purchaser to Uses to bar Dower (a). c"ntoy1nct 
 
 TO USES TO 
 
 THIS INDENTURE, made the day of , Between ^J^l^^:!!^ 
 
 A. B., of, &c. (vendor), of the first part; C. D., of, &c. (pur-'^"^^'- 
 
 (a) A widow, whose marriage took place before the 1st of January, 1834, Where 
 is entitled to dower out of all corporeal hereditaments, and also out of all y,'"iovr en- 
 incorporeal hereditaments which savour of the realty, as for instance, ad- dower under 
 vowsons aj)pendant or in gross, tithes, rents, franchises, commons appendant, old law. 
 &c., of which her husband was solely seised for any legal estate of inheri- 
 tance in possession at any time during the coverture and which the issue, 
 if any, of the wife might by possibility inherit, but not out of equitable 
 estates, nor out of an estate of which her husband was joint-tenant if he 
 dies before his co-tenant. (Co. Litt. 31 b.) A widow is not dowable out 
 of property which may go to the heir, if it is personal in its nature (1 Bro. 
 C. C. 377) ; or out of real estate of the husband which in equity would go 
 to his executors as personal estate. (Phillips v. Phillips, 1 My. & K. 649.) 
 But she is dowable in respect of a base fee during its subsistence (Doe d. 
 Neville ■;;. Rivers, 7 Tr. 276) ; and in respect of an estate tail, although the 
 husband may die without issue (Paine's Case, 8 Co. Rep. a) : and in respect 
 of an estate limited to the husband in fee simple, subject to a limitation 
 over in case he has no issue, although there may be default of issue. (Moody 
 V. King, 2 Bing. 447.) The widow's right to dower will not be defeated by 
 the escheat of the estate for want of heirs (Jenk. 6). If lands were limited 
 to such uses as her husband should appoint, and subject thereto to the 
 use of himself in fee, the wife's right to dower might be displaced by an 
 exercise of the power. (Maundrell v. Maundrell, 10 Ves. 265 ; Ray -e. 
 Pung. 5 Madd. 310.) 
 
 The Dower Act, 3 & 4 Wm. 4, c. 105, relates only to the dower of any Dower Act. 
 widow married after the 1st of January, 1834 ; and it is provided by the 
 2nd section of that Act, that when a husband shall die beneficially en- 
 titled to any land for an interest which shall not entitle his widow to dower 
 out of the same at law, and such interest, whether wholly equitable, or 
 partly legal and partly equitable, shall be an estate of inheritance in posses- 
 sion, or equal to an estate of inheritance in possession (other than an estate 
 in joint tenancy), then his widow shall be entitled in equity to dower out 
 of the same land. The 3rd section of the Act provides, that when a husband 
 shall have been entitled to a right of entry or action in any land, and his 
 Avidow would be entitled to dower out of the same if he had recovered 
 possession thereof, she shall be entitled to dower out of the same, although 
 
 Digitized by Microsoft® 
 
224 PURCHASE DEEDS. 
 
 APPOINT- 
 MENT AND 
 
 chaser), of the second part ; and E. R, of, &c. (dower-trustee), 
 
 ™?7sls T™ 0^ the third part : Wheeeas by an indenture dated the • 
 
 BAB POWER, jg^y. q£ ^ g^jjj made between G. H. of the first part, the said 
 
 ^yaJTceto" ^ ^- °^ the second part, and M. N. of the third part, the 
 
 vendor to 
 
 dower. her husTjand shall uot have recovered possession thereof, provided such 
 
 dower is sued or obtained within the period during which such right of 
 entry or action might be enforced. 
 What con- A seisin in law was necessary before the Act, but now a mere right to 
 to dower!"^^ the land will give a title to dower. The widow, however, must make her 
 claim within the period allowed by the combined operation of 3 & 4 Wm. 4, 
 c. 27, ss. 2, 3, 24, and the Real Property Limitation Act, 1874. The 
 Dower Act also provides, that the widow may be deprived by her husband 
 of her right to dower, not only by a declaration in a deed that she shall 
 not be entitled to dower, but by an absolute disposition of the property 
 in his lifetime, or by his will, or by a declaration in a conveyance to the 
 husband, or by any deed executed by him, or by a declaration in his wOl, 
 that she shall not be entitled to dower (ss. 4, 6, 7). The 5th section pro- 
 vides that all partial estates and all charges created by any disposition or 
 will of a husband, and all debts, incumbrances, contracts, and engagements 
 to which his land shall be subject, shall be valid as against the wife's 
 right to dower. If the husband devises any land to his widow, out of which 
 she could be dowable if the same had not been so devised, her right to 
 dower is thereby destroyed in respect of any land of her husband, xmless the 
 will provided to the contrary (s. 9). But the Act does not prevent a court 
 of equity from enforcing any covenant or agreement entered into by the 
 husband not to bar the right of his widow to dower out of his lands or any 
 of them (s. 11). 
 
 The consequences of the 9th section may be remarkable. A woman may 
 have acquired a right to dower out of a large freehold estate, — a right 
 which in the absence of any devise to her by her husband would be para- 
 mount to the claims of all his creditors, — and yet that right may be defeated 
 by the husband devising only a small part of such estate to his wife for no 
 longer a period than her life, even although in the event she may be de- 
 prived of all benefit under this devise from the whole of the testator's real 
 estate being required for the payment of his debts. (See Rowland v. Cuth- 
 bertson, L. R. 8Eq. 406.) 
 Where pro- It follows from the Dower Act that where a purchaser has a wife living, 
 perty should whom he married before the 1st of January, 1834, it is necessary to limit the 
 to uses to property to him in such a manner as that he may not have a legal estate of 
 tar dower, inheritance. This is effected by means of the ordinary uses to bar dower. 
 Under such iises and subject to the power of appointment, the purchaser 
 takes at law only an estate for his life, with an ultimate remainder in fee, 
 which is prevented from merging the life estate by the intervention of the 
 estate given to the dower-trustee. If the power of appointment is omitted, 
 a technically complete conveyance cannot be made without the concurrence 
 of the dower-trustee ; but in a case where the power was omitted, and the 
 dower-trustee was in Australia, the Court treated an objection founded on 
 his non-concurrence as frivolous and vexatious. (CoUard v. Roe, 4 De G. & 
 J. 525.) 
 What Act The Dower Act extends to lands of gavelkind tenure (Farley v. Bonham, 
 extends to. 2 J. & H. 177) ; but not to copyholds (PowdreU v. Jones, 2 S. & G. 407), or 
 
 to freebench (Smith v. Adams, 5 De G. M. & G. 7). 
 J, Where property, before 1834, was conveyed to the husband, who was then 
 
 2ioble'. married to a former wife, to the usual uses to bar dower, with a declaration 
 
 that his present or any future wife should not be entitled to dower, it was 
 held that his widow, whom he married after the 1st January, 1834, was 
 entitled to dower. (Fry v. Noble, 20 Beav. 598 ; 7 De G. M. & G. 687 ; 
 Clarke v, Franklin, 4 K. & J. 266.) 
 
 Digitized by Microsoft® 
 
PURCHASE DEEDS. 225 
 
 AND 
 
 CONVEYANCE 
 
 TO USES TO 
 
 BAB DOWER, 
 
 hereditaments intended to be hereby appointed and granted jf™ an 
 
 were granted to such uses as the said A. B., by any deed or 
 
 deeds should appoint, and in default of any such appointment, 
 
 and so far as any such appointment (if incomplete) should not 
 
 extend, to the use of the said A. B. and his assigns during his 
 
 life without impeachment of waste, with a limitation to the 
 
 use of the said M. N., his executors and administrators, during 
 
 the life of the said A. B., in trust for the said A. B., and his 
 
 assigns, with remainder to the use of the said A. B., his heirs 
 
 and assigns, for ever : And whereas the said A. B., hath agreed Agreement 
 
 ° ' . for sale. 
 
 with the said C D. for the absolute sale to him of the heredita- 
 ments intended to be hereby appointed and granted, and the 
 inheritance thereof in fee simple in possession, free from incum- 
 brances, at the price of £ : And whereas the said C. D. 
 
 is desirous that the said hereditaments should be limited to the 
 uses and in manner hereinafter mentioned : NOW THIS IN- First 
 
 witnessiujT 
 
 DENTUEE WITNESSETH, that in pursuance of the said p^h. 
 agreement, and in consideration, &c. (the receipt, d-c., supra, 
 p. 218), the said A. B., in exercise of the power for this purpose vendor 
 given to him by the hereinbefore recited indenture, and of all 
 other powers (if any) in anywise enabling him in this behalf, J° uses^after 
 doth hereby appoint that the hereditaments hereinafter de- 
 scribed, shall henceforth go, remain, and be to the uses herein- 
 after declared concerning the same : AND THIS INDENTURE second 
 
 '-' Witnessing 
 
 ALSO WITNESSETH, that in further pursuance of the said I'^rf- 
 agreement, and for the consideration hereinbefore expressed, ^™'}"'j„ 
 the said A. B. doth hereby grant unto the said C. D. and his pireimsat. 
 heirs. All, &c. (parcels, general words, and all the estate, dc, Parceia. 
 see supra, p. 214) : To have and to hold the hereditaments ll^^'^'^ 
 and premises hereby granted, or expressed so to be, unto the 
 said C. D. and his heirs, to the uses hereinafter declared con- 
 cerning the same : .And it is hereby declared, that the J^^^^j'f "™ 
 appointment and grant hereinbefore respectively contained, p"!,"*™"!* 
 shall operate and enure. To SUCH uses as the said C. D. by any ^J^'J^^"^™ 
 deed or deeds shall from time to time appoint. And in default J'nfavom'of 
 of and until such appointment, and so far as any such appoint- r'^o'^as^r- 
 ment shall not extend. To THE USE of the said C. D. and his 
 assigns during his life without impeachment of waste. And 
 AFTER the determination of that estate by any means in his 
 lifetime, To the use of the said E. F., his executors and 
 administrators, during the life of the said C. D., In trust for 
 the said 0. D. and his assigns : And after the determination 
 
 VOL. I. 'i 
 
 Digitized by Microsoft® 
 
226 
 
 PURCHASE DEEDS. 
 
 APPOINT- 
 MRNT AND 
 
 CONVEYANCE 
 TO USES TO 
 
 EAR DOWER. 
 
 Covenants 
 by vendor. 
 
 For right to 
 convey. 
 
 Quiet enjoy- 
 ment. 
 
 Free from 
 incum- 
 brances, 
 
 and for 
 furtlier 
 assurance. 
 
 of the estate so limited to the said E. F., his executors and 
 administrators as aforesaid. To the use of the said C. D., his 
 heirs and assigns, for ever : And the said A. B. doth hereby 
 for himself, his heirs, executors, and administrators (b), covenant 
 with the said C. D., his appointees, heirs and assigns. That 
 notwithstanding any act, deed, or thing, by the said A. B. done 
 or executed, or knowingly suffered to the contrary, he the said 
 A. B. now hath good right to appoint and grant the heredita- 
 ments and premises hereby appointed and granted, or expressed 
 so to be, to the use of the said C. D., his appointees, heirs, and" 
 assigns, in manner aforesaid : And that the said C. D., his 
 appointees, heirs, and assigns, shall and may at all times here- 
 after peaceably and quietly possess and enjoy the said heredita- 
 ments and premises and receive the rents and profits thereof 
 without any lawful eviction, interruption, claim, or demand 
 whatsoever from or by the said A. B., or any person or persons 
 lawfully or equitably claiming from, under, or in trust for him : 
 And that free from all incumbrances whatsoever made or 
 suffered by the said A. B., or any person or persons lawfully or 
 equitably claiming as aforesaid : And moreover, that the said 
 A. B., and all persons having, or lawfully or equitably claiming 
 any estate or interest in the said hereditaments and premises, 
 or any part thereof, from, under, or in trust for him, shall and 
 will from time to time, and at all times hereafter, at the request 
 and cost of the said C. D., his appointees, heirs or assigns, 
 do and execute, or cause to be done and executed, all such acts, 
 deeds and things for further and more perfectly assuring the 
 said hereditaments and premises to the use of the said CD., his 
 appointees, heirs, and assigns, in manner aforesaid, as shall or 
 may be reasonably required. 
 In witness, &c. 
 
 (6) See note (6) at page 219, svprct. 
 
 Digitized by Microsoft® 
 
PURCHASE DEEDS. 227 
 
 No. VI. 
 APPOINTMENT and Conveyance of Freeholds to a appoint- 
 
 T» . -n MENT AND 
 
 PUKCHASEK vn S EE. couvByAKCE 
 
 IN FEK. 
 
 THIS INDENTURE, made the day of , Between Parties. 
 
 A. B., of, &c. (;pendor), of the one part, and C. D., of, &c. (pw- 
 chaser), of the other part {Recite conveyance to uses to bar dower, 
 and agreement for sale as in last precedent) : NOW THIS ^™negji„ 
 INDENTURE WITNESSETH, that in pursuance of the said p^°°'""^ 
 agi-eement and in consideration, &c. (the receipt, dec, supra, 
 p. 218), The said A. B. in exercise of the power for this purpose 
 given to him by the hereinbefore recited indenture and of all 
 other powers (if any) in anywise enabling him in this behalf, 
 doth hereby appoint that the hereditaments hereinafter de- 
 scribed shall henceforth go, remain, and be. To the use of the 
 said C. D., his heirs, and assigns, for ever : AND THIS IN- |S*i„g 
 DENTURE ALSO WITNESSETH, that in further pursuance '^'^■ 
 of the said agreement, and for the consideration hereinbefore 
 expressed. The said A. B. doth hereby grant unto the said C. D. ^*°'t°'tn 
 and his heirs, All, &c. {jpa/rcels, general words, and all the j^'Joo"^'"' 
 estate, dc, see supra, p. 214) : To have and to hold the 
 hereditaments and premises hei'eby granted, or expressed so to 
 be, unto and to the use of the said C. D., his heirs and assigns, 
 for ever : And the said A. B. doth hereby for himself, his covenants 
 
 •^ ' by vendor 
 
 heirs, executors, and administrators, covenant with the sdid '"' *"'«■ 
 C. D., his heirs and assigns, That notwithstanding any act, 
 deed, or thing by the said A. B. done or executed, or knowingly 
 suffered to the contrary, he the said A. B. now hath good right 
 to appoint and grant the hereditaments and premises hereby 
 appointed and granted, or expressed so to be, unto and to the 
 use of the said C. D., his heirs and assigns, in manner aforesaid : 
 And that, &c. {for quiet enjoyment, free from incumbrances, and 
 for further assurance, see supra, p. 226). 
 In witness, &c. 
 
 Q 2 
 
 Digitized by Microsoft® 
 
228 PURCHASE DEEDS. 
 
 No. VII. 
 
 CONVEYANCE 
 OF FREE- 
 HOLDS SUB- 
 JECT TO 
 LEASE FOB 
 99 YEARS. 
 
 CONVEYANCE of Freeholds subject to Lease jfor 
 Ninety-nine Years. 
 
 THIS INDENTURE, made, &c., Between A. B., of, &c. 
 {vendor), of the one part, and C. D., of, &c. (pwrchaser), of the 
 Eecite lease other part : Whereas by an indenture dated, &c., and made 
 for ninety- between (parties), in consideration of the buildings which had 
 been erected by the said E. F. upon the hereditaments intended 
 to be hereby granted, and the sums which had been expended 
 by him in erecting the same, and in consideration of the rent, 
 covenants, and conditions thereinafter reserved and contained, 
 and on the part of the said E. F., his executors, administrators, 
 and assigns, to be paid, observed, and performed, the said A. B. 
 did demise the said hereditaments and buildings unto the said 
 E. F., his executors, administrators, and assigns, for the term of 
 
 ninety-nine years, from the day of then last past, at 
 
 the yearly rent of £ , and under and subject to the covenants, 
 
 and conditions therein contained, and on the part of the said 
 
 E. F., his executors, administrators, or assigns, to be observed 
 
 Agreement and performed : And whereas the said A. B. hath, agreed with 
 
 for sale of ■'• ° 
 
 heredita- the Said C. D. for the absolute sale to him of the here'ditaments 
 
 meuts, suD- 
 
 jeot to lease, intended to be hereby granted, and the inheritance thereof in 
 fee simple, subject to the said indenture of the day of , 
 
 ments. 
 
 at the price of £ : NOW THIS INDENTURE WIT- 
 NESSETH, that in pursuance of the said agi'eement, and in 
 consideration, &c. (the receipt, dc), he the said A. B. doth hereby 
 heredita- g^^^* ^^t° *^® ^^^^ ^- ^- ^^^ ^^ l^eirs, All and singular 
 the pieces or parcels of land situate, &c., and bounded, &c., and 
 the ground plot whereof is delineated in the plan drawn in the 
 margin of the first skin of these presents : And also all and 
 singular the messuages or dwelling-houses and other erections 
 which have been erected and are now standing on the said 
 together picccs or parcels of land or some portions thereof : Together 
 of rents, &0., WITH the full benefit of the rent, covenants, services, and 
 lease. other the benefits and advantages reserved by and contained in 
 the said indenture of lease (general words, and all the estate, 
 d-c.) : To have and to hold the hereditaments and premises 
 hereby granted, or expressed so to be (subject to the said inden- 
 
 Digitized by Microsoft® 
 
PUECHASE DEEDS. 229 
 
 ture of lease and the term thereby granted), unto and to the use convevance 
 
 of the said C. D., his heirs and assigns, for ever. {Covenants ™^"^ ™^- 
 
 for title, supra, pp. 219, 220.) m*'vL»°/ 
 
 In witness, &c. 
 
 To purchaser 
 in fee, sub- 
 ject to lease. 
 
 No. VIII. 
 
 CONVEYANCE of a Reversion Expectant on a Lease ookveyanoe 
 
 OF KEVER- 
 
 to the Lessee who Purchases under an option of^^°« "xpec 
 
 , *^ TAMT OH 
 
 Purchase given to him by the Lease. '■^'■"^ ■'° 
 
 '^ LESSEE. 
 
 THIS INDENTURE, made the day of , Between Parties. 
 
 A. B. of, &c. (vendor), of the one part, and C. D., of, &c. (pur- 
 chaser), of the other part (Recite lease from A. B. to C. D. with Kecite lease. 
 
 power to lessee to pu/rchase for the sum of £ ) : And J^*J''^^fl^(j 
 
 WHEREAS the said C. D. has signified to tlie said A. B. his desbe ^^^ ^s^"'« ^ 
 
 , , , , purchase. 
 
 to purchase the reversion and inheritance in fee simple of the 
 hereditaments comprised in the said indenture of lease expect- 
 ant ou the term thereby granted as aforesaid at the price of 
 
 £ : NOW THIS INDENTURE WITNESSETH, that in witnessing 
 
 pursuance of the provision in this behalf contained in the here- 
 inbefore recited indenture of lease as aforesaid, and in con- 
 sideration, &c. (the receipt, dc), the said A. B. doth hereby Lessor 
 grant and release unto the said C. D., his heirs and assigns. All reversion 
 dc. (parcels, general words, and all the estate, dc.) : To have 
 AND TO HOLD the hereditaments and premises hereby granted 
 and released, or expressed so to be, unto and to the use of the 
 said C. D., his heirs, and assigns, for ever, To THE END and to lessee in 
 intent that the said term of years, granted by the herein- 
 before recited indenture of lease, may be merged and ex- 
 tinguished in the reversion and inheritance of the said premises. 
 (Covenants for title, supra, ]pi>. 219, 220). 
 In WITNESS, &c. 
 
 Digitized by Microsoft® 
 
230 PURCHASE DEEDS. 
 
 No. IX. 
 
 COPYHOLDS. DEED of Covenant to surrender a Copyhold Estate, 
 
 itdth Covenants /or Title. 
 
 Parties. THIS INDENTURE, made the day of , Between 
 
 A. B. of, &c. (vendor), of the one part, and C. D., of, &c. (pur- 
 Agreement chaser), of the other part: Whereas the said A. B. hath 
 
 for sale. , , 
 
 agreed with the said C. D. for the absolute sale to him of the 
 copyhold hereditaments hereinafter covenanted to be sur- 
 rendered, and the customary inheritance thereof in possession, 
 free from incumbrances, except the suits, services, rents, fines, 
 and heriots therefor due and of right accustomed, at the price 
 
 witnesstag of £ : NOW THIS INDENTURE WITNESSETH, that 
 
 considera- ^^ pursuance of the said agreement, and in consideration, &c. 
 
 ''''°' (the receipt, dc), he the said A. B. doth hereby covenant with 
 
 covenants the Said 0. D., his heirs and assigns, that he the said A. B. or 
 his heirs shall and will forthwith, at the cost of the said C. D., 
 his heirs or assigns, surrender or cause to be surrendered into 
 the hands of the lord of the manor of , in the county of 
 
 copyholds to > according to the custom of the said manor. All (parcels, 
 
 p^ehaser in ^g^g^^j words), To THE USE of the Said C, D., his heirs and 
 assigns, at the will of the lord of the said manor, according to 
 the custom of the said manor, by and under the suits, services, 
 rents, fines, and heriots therefor due and of right accustomed ; 
 
 Covenant by AND THE SAID A. B. doth hereby for himself, his heirs, execu- 
 tors, and administrators (a), covenant with the said C. D., his 
 heirs and assigns, That notwithstanding any act, deed, or thing 
 by the said A. B. [or by any of his ancestors (6) ] done, or exe- 
 
 for right to cuted, or knowingly suffered to the contrary, he the said A. B. 
 
 surren er, ^^^ -^^^^ ^^^^ ^..^j^^ ^^ Surrender the hereditaments and pre- 
 mises hereby covenanted to be surrendered, to the use of the 
 
 for quiet said C. D., his heirs and assigns, in manner aforesaid- And 
 
 enjoyment; , • ^ n\ t\ \ ■ , • ,. 
 
 THAT the said U. D., his heirs, and assigns, shall and may at all 
 times hereafter peaceably and quietly possess and enjoy the 
 said hereditaments and premises and receive the rents and 
 profits thereof without any lawful eviction, interruption, claim 
 or demand whatsoever, from or by the said A. B., or any per- 
 son or persons lawfully or equitably claiming from, under, or in 
 (a) (6) See notes (6) and (c), svprob, p. 219. 
 
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assurance. 
 
 PUKCHASE DEEDS. 231 
 
 trust for him, [or from or under any of his ancestors] : And copyholds. 
 THAT free from all incumbrances whatsoever made or suffered free from 
 by the said A. B. [or any of his ancestors], or by any person bra™^s : 
 or persons lawfully or equitably claiming as aforesaid : And ?^her 
 FUKTHEB THAT he the Said A, B., and all persons having or' 
 lawfully or equitably claiming any estate or interest in the said 
 hereditaments and premises, or any of them, or any part 
 thereof, from, under, or in trust for him [or from or under any 
 of his ancestors], shall and will, from time to time, and at all 
 times hereafter, at the request and cost of the said C. D., his 
 heirs or assigns, do and execute, or cause to be done and exe- 
 cuted, all such acts, deeds, and things whatsoever, for further 
 and more perfectly assuring the said hereditaments and pre- 
 mises, and every part thereof, to the use of the said C. D., his 
 heirs and assigns, in manner aforesaid, as shall or may be 
 reasonably required. 
 In witness, &c. 
 
 No. X. 
 
 SURRENDER out of Court of Copyholds to a 
 Purchaser. 
 
 SURRENDER 
 
 The Manor of , \ BE IT REMEMBERED, that on the 
 
 in the county of- , J day of , A. B., of, &c. (vendor) 
 
 came before L. M., of, &c., steward of the said manor, and in considera- 
 
 consideration of the sum of £ to the said A. B. paid by ^"^ 
 
 C. D., of, &c. (purchaser), the said A. B. did out of court sur- smrenripr 
 render into the hands of the lord of the said manor, b)' the ""^^ 
 hands and acceptance of his said steward, according to the 
 custom of the same manor. All, &c. (parcels, general words, 
 and all the estate, dc. ; see supra, No. I., sec. 7) : To the use to pur:hase 
 of the said C. D., his heirs and assigns, for ever, at the will of '" ^^' 
 the lord, according to the custom of the said manor, at and 
 under the suits, services, rents, fines, and heriots therefor due 
 and of right accustomed (a). 
 
 (a) The lord of the manor cannot be compelled to accept a surrender to 
 such uses as the purchaser shall appoint, and in default of and until appoint- 
 ment to the use of the purchaser in fee. (Flack ;;. Master, &c., of Downing 
 College, 13 C. B. 915.) 
 
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232 PDECHASE DEEDS. 
 
 SDBBENDEE rjij^jg surreiider was taken and accepted 
 COPYHOLDS. ^j^g ^^y g^^^ yga^r abovo written by 
 
 me. 
 
 Signed L. M. (steward), 
 
 Steward of the said Manor. 
 
 No. XI. 
 suEEENDER SURRENDER out of Court of Copyholds where the 
 
 OF t/ */ 
 
 COPYHOLDS Vendor is a Married Woman. 
 
 WHERE 
 
 r^EEiED y/jg Manor of ) BE IT REMEMBERED, that on the 
 
 "WOMAN. t 1 1 • . r» 
 
 in the county of , ) day of , A. B. and C. his wife 
 
 came before L. M., of, &c,, steward of the said manor, and in 
 
 consideration of the sum of £ to the said A. B. and C. his 
 
 wife, paid by E. F., of, &c. (purchaser),, the said A. B. and C. 
 
 his wife (the said 0. B. having been first examined by the said 
 
 steward separately and apart from her said husband, and freely 
 
 and voluntarily consenting thereto) did out of court surrender 
 
 into the hands of the lord of the said manor, by the hands and 
 
 acceptance of his said steward, according to the custom of the 
 
 siirrcndei' said manor, All, &c. (parcels, general words, and all the estate, 
 
 ty husband ^c. ; See supra. No. I., sec. 7), [to which said hereditaments and 
 
 Topurohaser premises the said C. B. was admitted tenant at a court holden 
 
 for the said manor on the day of ] : To the use of 
 
 the said E. F., his heirs and assigns, for ever, at the will of the 
 lord, according to the custom of the said manor, at and under 
 the suits, services, rents, fines, and heriots therefor due and of 
 right accustomed. 
 
 This surrender was taken and accepted 
 the day and year above written by 
 me. 
 
 Signed L. M. (steiDard), 
 
 Steward of the said Manor. 
 
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PDECHASE DEEDS. 233 
 
 No. XII. 
 
 DEED coniaininq Covenants for Title relative to Copy- »™° "^ 
 
 "^ *> COVENANTS 
 
 HOLD Hereditaments which had been previously titIe^t 
 
 surrendered. cofyuoldb. 
 
 THIS INDENTURE, made the day of , Between parties. 
 
 A. B., of, &c. {vendor), of the one part, and C. D., of, &c. (pur- 
 chaser), of the other part : Whereas the said A. B. lately Agreement 
 agreed with the said C. D. for the absolute sale to him of the agreemint 
 
 1111 T • /. -11 11 that vendor 
 
 copyhold hereditaments hereinafter described, and the custo- ?''piiti enter 
 
 , , into cove- 
 
 mary inheritance thereof in possession, free from incumbrances, ^^^5"^^°"^ 
 except the rents, fines, heriots, suits, and services therefor due 
 
 and of right accustomed, at the price of £ ; and upon the 
 
 treaty for the said sale it was agreed that the said A. B. should 
 enter into such covenants for title as are hereinafter contained : 
 And whereas, in pursuance of the aforesaid agreement, the cJ'^hoidsto 
 said A. B. hath this day out of court surrendered into the hands p™»''»b«'- 
 
 of the lord of the manor of , in the county of , by his 
 
 steward, according to the custom of the said manor, All, &c. 
 (parcels), To the use of the said 0. D., his heirs and assigns, 
 for ever, at the will of the lord, according to the custom of the 
 said manor, and by and under the rents, fines, heriots, suits, and 
 services therefor due and of right accustomed : NOW THIS 
 INDENTURE WITNESSETH, that in pursuance of the said 
 agreement, and in consideration, &c. (the receipt, dc), the said 
 A B. doth hereby for himself, his heirs, executors, and 
 administrators, covenant with the said C. D., his heirs and 
 assigns. That notwithstanding any act, deed, or thing by the ^''™''™*' 
 said A. B. done or executed, or knowingly suffered to the '<"■ "tie- 
 contrary, he the said A. B. now hath good right to surrender the 
 copyhold hereditaments and premises hereinbefore mentioned 
 to be surrendered, to the use of the said C. D., his heirs and 
 assigns, in manner aforesaid. (Covenants for quiet enjoyment, 
 freedom from incumbrances, and for further assurance ; see 
 supra, pp. 230, 231.) 
 In witness, &c. 
 
 Digitized by Microsoft® 
 
234 
 
 PURCHASE DEEDS. 
 
 No. XIII. 
 
 ASSIGNMENT 
 
 OF 
 LEASEHOLDS. 
 
 Pai-taes, 
 
 Recite lease. 
 
 ASSIGNMENT of a Leasehold Messuage to a Purchaser. 
 
 - day of , Between 
 
 of, &c. {vendor), of the one part, and C. D., of, &c. 
 
 THIS INDENTURE, made the 
 A. B 
 
 Agreement 
 for sale. 
 
 Witnessing 
 part. 
 
 Considera- 
 tion. 
 
 Vendor 
 assigns. 
 
 Parcels. 
 
 To pur- 
 chaser for 
 residue of 
 term. 
 
 Description 
 of parcels. 
 
 (pwchaser), of the other part : Whereas by aD indenture of 
 
 lease dated the day of , and made between G. H. of 
 
 the one part, and the said A. B. of the other part, All that 
 messuage or tenement, &c. (parcels as described in the lease), 
 were demised by the said G. H. unto the said A. B., his 
 
 executors, administrators, and assigns, from the day of 
 
 then last past, for the term of years, at the yearly 
 
 rent of £ and subject to the covenants and conditions in 
 
 the said indenture of lease contained, and on the part of the 
 lessee, his executors, administrators, and assigns, to be observed 
 and performed : And whereas the said A. B. hath agreed with 
 the said C. D. for the sale to him of the messuage and premises 
 comprised in the said indenture of lease for the residue now 
 
 unexpired of the said term of years, at the price of £ : 
 
 NOW THIS INDENTURE WITNESSETH, that in pursuance 
 of the said agreement, and in consideration, &c. (the receipt, <&c.) 
 the said A. B. doth hereby assign unto the said 0. D., his 
 executors, administrators, and assigns, The messuage and 
 premises comprised in and demised by the hereinbefore recited 
 indenture of lease, or expressed so to be (a) : And all the 
 estate, right, title, interest, claim, and demand whatsoever of 
 the said A. B. in to and upon the said premises and every part 
 thereof: To HAVE and to hold the messuage and premises 
 hereby assigned or expressed so to be, unto the said C D., his 
 executors, administrators, and assigns, for all the residue now 
 
 unexpired of the said term of years, subject to the rent 
 
 reserved by the said indenture of lease, and the covenants and 
 conditions in the same indenture contained, and which hence- 
 forth, on the part of the lessee, his. executors, administrators, 
 
 (a) The parcels should be described with reference to the indenture of 
 lease, the recital of ■which should set forth the parcels as they are described 
 in the lease. If the property is, at the date of the assignment, known by a 
 different description, or any buildings have been erected on the premises 
 since the lease, so as to require notice in the operative part, this should be 
 done by way of addition to the old description. 
 
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PURCHASE DEEDS. 235 
 
 ASeiONMEKT 
 
 OF 
 LEASEHOLDS 
 
 or assigns, ought to be observed and performed : And the 
 SAID A. B. doth hereby for himself, his heirs, executors, and 
 administrators, covenant with the said C. D., his executors, ty^^^iJ'o^ 
 administrators, and assigns, That notwithstanding any act, 
 deed, or thing by the said A. B. done or executed, or knowingly 
 suffered to the contrary, the hereinbefore recited indenture of 
 lease is now a good and effectual lease in the law of the messuage that icase 
 
 ~ o la valid, 
 
 and premises hereby assigned, or expressed so to be, and has 
 
 not been forfeited or surrendered, or become void or voidable : 
 
 And that the rent, covenants, and conditions, by and in the ™ve^"nt8 
 
 said indenture of lease reserved and contained have, on the plJaanT 
 
 lessee's part, been duly paid, observed, and performed, up to the p™'""'""^ '• 
 
 date of these presents : And that notwithstanding any such "ssigu ; 
 
 act, deed, or thing as aforesaid, he the said A. B. now hath good 
 
 right to assign the said messuage and premises unto the said 
 
 C. D., his executors, administrators, and assigns, for the residue 
 
 of the said term, and in manner aforesaid : And that the said e^Soyilfcu 
 
 C. D., his executors, administrators, and assigns, shall and may tSm'f 
 
 at all times hereafter during the said term of years, 
 
 peaceably and quietly possess and enjoy the said messuage and 
 premises, and receive the rents and profits thereof, without any 
 lawful eviction, claim or demand whatsoever from or by the 
 said A. B., or any person or persons lawfully or equitably 
 claiming from, under, or in trust for him : And that free from f^Jjf" 
 all incumbrances whatsoever, made, occasioned, or suffered by ^'"*"'^«= ■ 
 the said A. B., or by any person or persons lawfully or equitably 
 claiming as aforesaid : And further, that the said A. B., and further 
 all persons having or lawfully or equitably claiming any estate 
 or interest in the said messuage and premises, or any 
 part thereof, from, under, or in trust for him, shall and will 
 from time to time and at all times hereafter during the said 
 
 term of years, at the request and cost of the said C. D., 
 
 his executors, administrators, and assigns, do and execute, or 
 cause to be done and executed, all such acts, deeds, and things 
 whatsoever, for further and more perfectly assuring the said 
 messuage and premises unto the said C. D., his executors, 
 administrators, or assigns, for the unexpired residue of the said 
 
 term of years, as shall or may be reasonably required : 
 
 And the said 0. D. doth hereby for himself, his heirs, execu- p^g^Mer'''' 
 tors, administrators, and assigns, covenant with the said A, B., 
 his executors and administrators, that he the said C. D., his 
 executors, administrators, and assigns, will at all times hereafter 
 
 Digitized by Microsoft® 
 
 assurance. 
 
236 PURCHASE DEEDS. 
 
 ASSIGNMENT during the said term of years pay the yearly rent reserved 
 
 L EASEHOLDS, jjy ^\^q g^jd imJenture of lease, and observe and perform all the 
 
 of'rentand* ^ovenants and conditions contained in the same indenture, and 
 
 of cove-™° henceforth on the part of the lessee, his executors, administrators, 
 
 nants, qj- assigus, to be observed and performed, and will at all times 
 
 demnifytag hereafter keep indemnified the said A. B., his heirs, executors, 
 
 the same™" and administrators, and his and their estates and effects, from 
 
 and agairist the payment of the said rent, and the observance 
 
 and performance of the said covenants and conditions, and all 
 
 actions, claims, and demands whatsoever, for or on account of 
 
 the same, or in anywise relating thereto (a). 
 
 In witness, &c. 
 
 No. XIV. 
 
 ABsioNMEN* ASSIGNMENT of Property comprised in several 
 
 PBOPEETY Leases to a Puechasee for the residue of the 
 
 COMPRISED "^ •' 
 
 iNSEVEKAL sEVEEAL Teems. 
 
 LEASES. 
 
 THIS INDENTURE, made, &c., Between A. B., of, &c. 
 
 (vendor), of the one part, and C. D., of, &c. {purchaser), of the 
 
 Rp^ite one other part : Whbeeas by an indenture of lease dated the 
 
 indentui-e of ■*■ •' 
 
 lease.- day of , and made between G. H. of the one part, and the 
 
 said A. B. of the other part. All, &c. {parcels as in the lease) 
 were demised by the said G. H. unto the said A. B., his executors, 
 
 administrators, and assigns for the term of years, computed 
 
 from the date of the said indenture, at the yearly rent of £, 
 
 and under and subject to the covenants and conditions therein 
 contained, and on the part of the lessee, his executors, adminis- 
 trators, and assigns, to be observed and performed : And 
 whereas by an indenture of lease dated the day of , 
 
 Covenants (a) An assignee of a leasehold interest is not liable for the rent and 
 by pnr- covenants contained in the lease, after he has executed an assignment of the 
 c aser. lease to another person ; so that if the vendor of a leasehold interest is not 
 the original lessee, but an assignee, or the representative of an assignee, 
 he is not entitled to a covenant from the purchaser for the payment of the 
 rent and the observance of the covenants, unless he, the . vendor, is under 
 the obligation of a covenant for the payment and observance of such rent 
 and covenants. 
 
 In the absence of any express covenant, the original lessee has a legal 
 right to be indemnified by the holder of the lease for the time being against 
 breaches of covenant committed during his tenancy, whether such holder 
 takes by assignment directly from the lessee, or after mesne assignments. 
 Moule V. Garrett, L. E. 7 Exch. 101. 
 
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PURCHASE DEEDS. 237 
 
 and made between L. M. of the one part, and the said A. B. of assion-siext 
 the other part, All, &c. {parcels as in the lease), were demised ^''0''^™,^ 
 by the said L. M. unto the said A. B., his executors, adminis- '"seveual 
 
 trators and assigns for the term of years, at the yearly rent j^^,,^^^^ 
 
 of £ , and under and subject to the covenants and conditions j"*e"'"" "' 
 
 therein contained, and on the part of the lessee, his executors, 
 administrators, and assigns, to be observed and performed : And That lessee 
 
 *^ ^ has erected 
 
 WHEREAS pursuant to a covenant in this behalf contained " "i^ssuage 
 
 ^ and other 
 
 in the last recited indenture, the said A. B. has at his own buildings 
 
 ' on land 
 
 expense erected a messuage or dwelling-house and certain i™]]^t5eage 
 offices and outbuildings on the land comprised in such indenture 
 or on some part thereof : And whereas (Here recite a lease of 
 
 other parcels to the said A. B. at the yearly rent of £ , (fee): 
 
 And whereas the said A. B. hath agreed with the said C. D. Agreement 
 
 ° _ for sale of 
 
 for the absolute sale to him of the hereditaments and premises heredita- 
 
 J- ments eoin- 
 
 comprised in and demised by the hereinbefore recited indentures g^ore-'" 
 of lease respectively, and the buildings thereon respectively, for ™™eg™°"' 
 all the unexpired residue of the said several terms of years 
 
 respectively at the price of £ : NOW THIS INDENTURE wHnessing 
 
 WITNESSETH, that in pursuance of the aforesaid agreement 
 
 and in consideration of the sum of £ to the said A. B. now considera- 
 
 paid by the said C. D. {the receipt, dc), The said A. B. doth vendor 
 hereby assign unto the said C. D., his executors, administrators, "^^'^^ 
 and assigns. All and singular the hereditaments and premises heremta- 
 
 o ' ^ ^ ^ *■ ments eoni- 
 
 comprised in and demised by the hereinbefore recited indentures r"?^.'" 
 of lease respectively, or expressed so to be, and all buildings le^^^^ 
 which since the date of the said respective indentures of lease 
 have been erected on the land comprised therein, or on any part 
 thereof respectively : [and all the estate, &c.) To have and to to^pnrohMer 
 hold the hereditaments and premises hereby assigned, or of several 
 expi-essed so to be, unto the said C. D., his executors, adminis- 
 trators, and assigns, for all the residues now unexpired of the 
 said several terms of years for which the said hereditaments 
 and premises were granted by the said indentures of lease 
 respectively as aforesaid, at the said several rents reserved by 
 the said indentures of lease respectively, and under and subject 
 to the covenants and conditions in the same indentures 
 respectively contained, and which henceforth on the part 
 of the lessee, his executors, administrators, and assigns, ought 
 to be observed and performed : And the SAID A. B. doth covenant 
 hereby, for himself, his heirs, executors, and administrators, 
 covenant with the said C. D., his executors, administrators and 
 
 Digitized by Microsoft® 
 
238 
 
 PURCHASE DEEDS. 
 
 ASSIGNMENT 
 OF 
 PROPERTY 
 COMPRISED 
 IN SEVERAL 
 LEASES. 
 
 that leases 
 are valid ; 
 
 that Tents 
 and cove- 
 nants have 
 been paid 
 and per- 
 formed. 
 
 or right to 
 sign. 
 
 For qniet 
 enjoyment. 
 
 Free from 
 incum- 
 brances; 
 
 and for 
 further 
 assurance. 
 
 Covenant by 
 purchaser 
 
 assigns, That notwithstanding any act, deed, or thing by the 
 said A. B. done or executed or knowingly suffered to the 
 contrary, the hereinbefore recited indentures of lease respec- 
 tively are now good and effectual leases in the law of the here- 
 ditaments and premises expressed to be demised by such leases 
 respectively, and hereby respectively assigned, or expressed so 
 to be, and have not been respectively forfeited or surrendered 
 or become void or voidable : And that the several rents, 
 covenants and conditions by and in the said indentures of lease 
 respectively reserved and contained have on the lessee's part 
 been duly paid, observed and performed up to the date of these 
 presents : And that .notwithstanding any such act, deed or 
 thing as aforesaid he the said A. B. now hath good right to 
 assign the said hereditaments and premises unto the said C. D., 
 his executors, administrators, and assigns for the residue of the 
 said several terms of years, and in manner aforesaid : And that 
 the said C. D., his executors, administrators and assigns shall 
 and may at all times hereafter during the said several terms of 
 years respectively, peaceably and quietly possess and enjoy the 
 said hereditaments and premises and receive the rents and 
 profits thereof without any lawful eviction, claim, or demand 
 whatsoever from or by the said A. B., or any person or persons 
 lawfully or equitably claiming from, under, or in trust for him : 
 And that free from all incumbrances whatsoever made, 
 occasioned or suffered by the said A. B., or by any person or 
 persons lawfully or equitably claiming as aforesaid: And 
 fubther that the said A. B., and all persons having or lawfully 
 or equitably claiming any estate or interest in the said heredita- 
 ments and premises, or any of them, or any part thereof, from, 
 under, or in trust for him, shall and will from time to time and 
 at all times hereafter during the said several terms of years 
 respectively, at the request and cost of the said C. D., his 
 executors, administrators and assigns, do and execute, or cause 
 to be done and executed all such acts, deeds, and things what- 
 soever for further and more perfectly assuring the said heredita- 
 ments and premises unto the said C. D., his executors, adminis- 
 trators, or assigns for the iinexpired residues of the said several 
 terms of years respectively, and in manner aforesaid, as shall or 
 may be reasonably required : And the SAID C. D. doth hereby 
 for himself, his heirs, executors, administrators and assigns, 
 covenant with the said A. B., his executors and administrators, 
 that he the said C. D., his executors, administrators and assigns, 
 
 Digitized by Microsoft® 
 
PURCHASE DEEDS. 239 
 
 ASgiONMENT 
 
 PROPERTY 
 
 COMPUISED 
 
 IN SEVERAL 
 
 LEASES. 
 
 will at all times hereafter during the said several terms of years 
 granted by the said several indentures of lease respectively, pay 
 the several yearly rents reserved by the said indentures of lease 
 respectively, and observe and perform all the covenants and ^^ ,^,. re„i 
 conditions contained in the same indentures respectively, and ^veuau'iJ'"' 
 henceforth on the part of the lessee, his executors, administrators, 
 and assigns to be observed and performed, and will at all times anti to iu- 
 hereafter keep indemnified the said A. B., his heirs, executors vendor from 
 and administrators, and his and their estates and effects, from 
 and against the said rents respectively, and the observance and 
 performance of the said covenants and conditions respectively, 
 and all actions, claims, and demands whatsoever for or on 
 account of the same, or in anywise relating thereto. 
 In witness, &c. 
 
 LEASEHOLDS 
 
 BV 
 EXECUTORS. 
 
 XV. 
 
 ASSIGNMENT of Leaseholds hy Executors. assignment 
 
 THIS INDENTURE, made the day of , Between 
 
 A. B., bf, &c., and C. D., of, &c. {executors), of the one part, and 
 
 E. F,, of, &c. ( -purchaser), of the other part : Whereas by an ijVt°"j„. 
 
 indenture of lease dated the day of , and made f™*"'^ °' 
 
 between G. H. of the one part, and L. M. of the other part, for 
 the considerations therein mentioned. All, &c. {parcels as 
 described in the lease), with their appurtenances were demised 
 by the said G. H. unto the said L. M., his executors, adminis- 
 trators and assigns, from the day of then last past for 
 
 the term of years at the yearly rent of £ , and under 
 
 and subject to the covenants and conditions in the said inden- 
 ture of lease contained, and on the part of the lessee, his 
 executors, administrators and assigns, to be observed and per- 
 formed : And whereas the said L. M. died on the day wiu of 
 
 of , having duly made his will, dated the day oi , poin'^s 
 
 and thereby appointed the said A. B. and 0. D. executors executors. 
 
 thereof, who duly proved the same, on the day of , teltato?anri 
 
 in the General Registry attached to the Probate division Sfa^u." 
 of the High Court of Justice : And whereas the said A. B. Agreement 
 and C. D., as such executors as aforesaid, have agreed with 
 
 Digitized by Microsoft® 
 
 for sale. 
 
240 
 
 PURCHASE DEEDS. 
 
 ASSIGNMENT 
 
 OF 
 LEASEHOLDS 
 
 BY 
 EX150UTOKS. 
 
 Witnessing 
 part. 
 
 Vendors as 
 executors 
 assign pre- 
 mises com- 
 prised in 
 lease. 
 
 to pur- 
 cliaser for 
 remainder 
 of term.' 
 
 Covenants 
 by vendors 
 against 
 incum- 
 13 ranees. 
 
 Covenant by 
 purchaser 
 to pay rent 
 and observe 
 covenants 
 in lease. 
 
 the said E. F. for the sale to him of the hereditaineiits 
 and premises comprised in the hereinbefore recited inden- 
 ture of lease for the residue now unexpired of the said 
 
 term of years, at the price of £ : NOW THIS 
 
 INDENTURE WITNESSETH, that in pursuance of the said 
 
 agreement, and in consideration of the sum of £ to the said 
 
 A. B. and 0. D. as such executors as aforesaid, paid by the said 
 E. F. on or before the execution of these presents (the receipt, 
 &c.), the said A. B. and C. D. as such executors as aforesaid do 
 hereby assign unto the said E. F., his executors, administrators, 
 and assigns. All and singular the hereditaments and premises 
 comprised in and demised by the hereinbefore recited indenture 
 of lease : And ALL the estate, right, title, interest, claim, and 
 demand whatsoever of the said A. B. and C. D. in to and upon 
 the same : To have and to hold the hereditaments and 
 premises hereby assigned, or expressed so to be, unto the said 
 E. F., his executors, administrators and assigns, for all the residue 
 
 now unexpired of the said term of years, at the rent reserved 
 
 by the said indenture of lease, and under and subject to the 
 covenants and conditions in the same indenture contained, and 
 which henceforth on the part of the lessee, his executors, 
 administrators, or assigns, ought to be observed and performed : 
 And each of them the said A. B. and C. D., as to his own acts 
 and deeds only, doth hereby covenant with the said E. F., his 
 executors, administrators and assigns, That they the said 
 covenanting persons respectively have not done or knowingly 
 suffered or been party or privy to any thing whereby they are 
 prevented from assigning the hereditaments and premises 
 hereby assigned or expressed so to be, in manner aforesaid, or 
 whereby the same, or any part thereof, are, is, can, or may be 
 incumbered : And the said E. F. doth hereby for himself, his 
 heirs, executors, administrators, and assigns, covenant with the 
 said A. B. and C. D., their executors and administrators, that he 
 the said E. F., his executors, administrators and assigns, will at 
 
 all times hereafter during the said term of years, pay the 
 
 yearly rent reserved by the said indenture of lease, and observe 
 and perform all the covenants and conditions contained in the 
 same indenture, and henceforth on the part of the lessee, his exe- 
 cutors, administrators and assigns, to be observed and performed 
 and will at all times hereafter keep indemnified the said A.B. and 
 C. D. and each of them, and the estate and effects of the said 
 L. M., deceased, from and against the payment of the said rent, 
 
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PURCHASE DEEDS. 241 
 
 and the observance of the said covenants and conditions and all ^^ssimraEST 
 
 actions, claims and demands whatsoever for or on account of the ^=*sehold3 
 
 same, or in anywise relating thereto (a). executors. 
 
 In witness, &c. ~ 
 
 No. XVI. 
 
 ASSIGNMENT of a Portion of Leasehold Premises assionment 
 which are held under one Lease at an entire Rent, L^aEuoioa 
 the Rent being apportioned between the Vendor and « ap™™^ 
 
 Purchaser by mutual a/rramgement ,- Cross Powers — 
 
 OF Distress and Entry in case either makes Default 
 in the Payment and Observance of his proportion of 
 the Rent and Covenants. 
 
 THIS INDENTURE, made the day of , Between Parties. 
 
 A. B., of, &c. (vendor), of the one part, and C. D., of, &c. (pur- 
 chaser), of the other part (Recite lease to E. F. for seventu-eiaht Recite lease 
 years at yearly rent of £12, setting out the parcels as in the i"™*- 
 lease, — also assignment of lease by E. F. to A. B. for residue 
 of term) : And whereas the said A. B. hath agreed with the Agreement 
 said C. D. for the sale to him of the hereditaments intended to partofpre- 
 
 1 n ' r t 1 miaes coiu- 
 
 be hereby assigned (being part of the hereditaments demised f™^'^ '" 
 by the hereinbefore recited indenture of lease), for the residue 
 of the said term of seventy-eight years, at the price of £ 
 
 And whereas upon the treaty for the said sale it was agreed Agreement 
 
 . , „. — - . ... _ ° between 
 
 vendor ar 
 purchasei 
 as to the 
 n'l'ii'i • ^ ^ ■' • /■! apportion- 
 
 intended to be hereby assigned as his proportion of the said ^nfftiis 
 
 that the said C. D., his executors, administrators, and assigns, vendor and 
 
 Purchfl-SGr 
 
 should pay the yearly rent of £6 in respect of the hereditaments as to tiie 
 
 -,-,, . , ,. . _. apportion 
 
 yearly rent of £12, and that the residue of the said yearly rent 
 of £12 should be paid by the said A. B., his executors, adminis- 
 
 (a) Under 22 & 23 Vic. c. 35, s. 27, an executor having assigned a lease Executor 
 held by his testator to a purchaser is at liberty to distribute the residuary fease^Ld'''' 
 personal estate without setting apart any portion of it to meet future distributed 
 liabilities under the lease, and having done so, is exonerated from personal ^^^f^'jjf 
 liability in respect thereof, but the lessor may foUow the assets into the fo" future 
 hands of the persons among whom they may have been distributed. It is breaches of 
 apprehended that this enactment does not prevent the executors from ''''™°"'*- 
 requiring a covenant for indemnity as in tne text. (See Cochrane v. 
 Eobinson, 11 Sim. 378.) 
 
 Digitized by Microsoft® 
 
242 PURCHASE DEEDS. 
 
 ASSIONMENT 
 OP PART OF 
 LEASEHOLDS 
 WHERE RENT 
 IS APPOR- 
 TIONED. 
 
 trators, and assigns, in respect of the said demised premises not 
 intended to be hereby assigned, and that the said parties respec- 
 tively should enter into the several covenants hereinafter 
 ^^j^— ^ contained : NOW THIS INDENTURE WITNESSETH, that 
 part. ijj pursuance of the aforesaid agreement in this behalf, and in 
 
 coasidera- consideration, &c. (the receipt, dc), The said A. B. doth hereby 
 assign unto the said C. D., his executors, administrators, and 
 assigns, All [here set out the particular parcels vMch are agreed 
 by vS™' *o ^« soZtZ ; general words, and all the estate, dc.) : To have and 
 premSes' ^^ HOLD the hereditaments and premises hereby assigned, or 
 iSm to expressed so to be, unto the said C. D., his executors, adminis- 
 fofresidue trators and assigns, for all the residue now unexpired of the 
 appo™ou*ed Said term of seventy-eight years, subject nevertheless to the 
 ™'*' payment of the yearly rent of £6 (being one moiety of the said 
 
 rent of £12 by the said recited indenture of lease reserved) on 
 or at the days and times, and in the manner on, at, and in which 
 the whole rent reserved by the said indenture of lease is made 
 payable, and subject to the covenants and conditions in the said 
 indenture of lease contained, and on the part of the lessee, his 
 executors, administrators, and assigns, to be observed and per- 
 formed respectively so far only as the same relate to the premises 
 Covenants hereby assigned, or expressed so to be : And the SAID A. B. 
 
 by vendor j g ? r ^ 
 
 doth hereby covenant with the said C. D., his executors, admin- 
 for title, istrators, and assigns. That notwithstanding, &c. {Covenants 
 mentmd"'' f°''' ***'^' ^^i""*^; P- ^35) : And ALSO that he the said A. B., his 
 obsei-vance executors, administrators, and assigns, shall and will at all times 
 
 or his pro- ' ' o ' 
 
 rent'md"' hereafter during the said term of seventy-eight years granted 
 covenants ]yj jj^q ga_j(j recitod indenture of lease, pay the yearly rent of 
 £6 (the residue of the said yearly rent of £12 reserved by the 
 said indenture of lease), and observe and perform all the cove- 
 nants and conditions in the said indenture of lease contained, 
 and which henceforth, on the part of the lessee, his executors, 
 administrators, or assigns, are or ought to be observed and per- 
 formed, so far as the same relate to the premises comprised in 
 the said indenture of lease which are not hereby assigned, and 
 shall and will at all times hereafter keep indemnified the said 
 C. D., his heirs, executors and administrators, and his and their 
 estates and effects from and against the payment of the said 
 rent of £6, and the performance of the said covenants and con- 
 ditions relating to the last-mentioned premises, and from and 
 againsj; all actions, costs, charges, damages, claims, and demands 
 whatsoever, for or on account of the same or in anywise relating 
 
 Digitized by Microsoft® 
 
PURCHASE DEEDS. 243 
 
 thereto : And also that in case the said C. D., his executors, ^ssionment 
 
 ' ' OF PARr OP 
 
 LEASEHOLDS 
 WHERE REST 
 IS APPOR- 
 TIONED. 
 
 admiuistrators, or assigns, shall at any time or times hereafter , 
 pay, bear, sustain, or be put unto any sum or sums of money, 
 costs, chai'ges, damages, or expenses for or on account of the po^g^g q, 
 said yearly rent of £6, covenants and conditions hereinbefore en^^J^^-n™* 
 covenanted to be paid, kept, and performed by the said A. B., p/emfB'esnot 
 his executors, administrators, and assigns, as aforesaid, or any of lefSts'' 
 them, then and in every such case, and so often as the same "e^^orLi 
 shall happen, it shall be lawful for the said C. D., his executors, ^nHb^erv- 
 administrators, and assigns, inta and upon such part of the p?S^ortion 
 premises comprised in the said recited indenture of lease as is covenanu. 
 not assigned by these presents, to enter and distrain for all and 
 every such sums and sum of money, costs, charges, damages, 
 and expenses as he the said C. C, his executors, administrators, 
 or assigns, shall so pay, bear, sustain, or be put unto, and to 
 dispose of the distress and distresses then and there found 
 according to law, as landlords may for rents reserved upon 
 leases for years, to the intent that thereby and therewith 
 the said C. D., his executors, administrators, and assigns, shall 
 and may be fully paid and satisfied all and every such sums 
 and sum of money, costs, charges, damages, and expenses as 
 aforesaid : And also that in case and so often as aforesaid it 
 shall be lawful for the said C. D., his executors, administrators 
 and assigns, to enter into and upon, and to hold all or any part 
 of the last-mentioned premises, and to receive and take the 
 rents, issues, and profits thereof for his and their own use, until 
 he or they shall thereby or otherwise be fully paid and satisfied 
 all and every such sums and sum of money, costs, charges, 
 damages, and expenses as aforesaid : And the said C. D. ^^JchMe"^ 
 doth hereby, for himself, his heirs, executors, administrators, and ^°y°g^^' 
 assigns, covenant with the said A. B., his executors, adminis- ^?J^°4oif 
 trators and assigns, that he the said C. D., his executors, °^^Sante^ 
 administrators and assigns, shall and will at all times hereafter 
 during the said term of seventy-eight years, granted by the said 
 recited indenture of lease, pay the said yearly rent of £6 so 
 agreed to be paid by him and them in respect of the premises 
 hereby assigned, and also shall and will observe and perform all 
 the covenants and conditions in the said indenture of lease con- 
 tained, and which henceforth on the part of the lessee, his 
 executors, administrators or assigns, are or ought to be observed 
 and performed, so far only as the same relate to the said pre- 
 mises hereby assigned, and shall and will at all times hereafter 
 
 S. 2 
 
 Digitized by Microsoft® 
 
covenants. 
 
 24.4 PURCHASE DEEDS. 
 
 AsajGNMENT keop Indemnified the said A. B., hiis heirs, executors, and admin- 
 
 OF PART OF ^ i i } 
 
 wb^be'bent istrators, and his and their estate and effects, from and against 
 
 'tioned*' *^® payment of such rent of £6, and the performance of the 
 
 said covenants and conditions relating to the said hereby 
 
 assigned premises, and from and against all actions, costs, 
 
 charges, damages, claims, and demands whatsoever, for or on 
 
 Powers of account of the same, or in anywise relating thereto : And also 
 
 entiyin THAT IN CASE the Said A. B., his heirs, executors, adminis- 
 
 respeet of 
 
 premises trators, or assigns, shall at any time or times hereafter pay, 
 default is bear, sustain, or be put unto any sum or sums of money, costs, 
 purchaser, charges, damages, or expenses, for or on account or in respect of 
 and observ- ^^ ^^^^ yearly rent of £6, covenants and conditions herein- 
 
 ance of his j j ' 
 
 of rent'and before Covenanted to be paid, kept, and performed by the said 
 C. D., his executors, administrators, and assigns as aforesaid, or 
 any of them, then and in every such case, and so often as the 
 same shall happen, it shall be lawful for the said A. B., his exe- 
 cutors, administrators, and assigns, into and upon the premises 
 hereby assigned, to enter and distrain for all and every such 
 sums and sum of money, costs, charges, damages, and expenses 
 as he the said A. B., his executors, administrators or assigns 
 shall so pay, bear, sustain, or be put unto, and to dispose of the 
 distress and distresses then and there found according to law, as 
 landlords may for rents reserved upon leases for years, to the 
 intent that thereby and therewith the said A. B., his executors, 
 administrators, or assigns, shall and may be fully paid and satis- 
 fied all and every such sums and sum of money, costs, charges, 
 damages, and expenses as he the said A. B., his executors, ad- 
 ministrators, or assigns shall so pay, bear, sustain, or be put 
 unto : And also that in case and so often as aforesaid it shall 
 be lawful for the said A. B., his executors, administrators, and 
 assigns, to enter into and upon, and to hold all or any part of 
 the premises hereby assigned, and to receive and take the rents, 
 issues, and profits thereof for his and their own use until he or 
 they shall thereby or otherwise be fully paid and satisfied all 
 and every such sums and sum of money, costs, charges, damages, 
 and expenses as he the said A. B., his executors, administrators, 
 or assigns shall so pay, bear, sustain, or be put unto. 
 In witness, &c. 
 
 Digitized by Microsoft® 
 
rUECHASE DEEDS. 245 
 
 No. XVII. 
 
 CONVEYANCE of a Leasehold Estate /or Lives (a). oonvetanob 
 
 ' Olf A LEA£S- 
 
 THIS INDENTURE, made, &c., Between A.B., of, &c. (vendor), ^°°^ "^^° 
 of the one part, and C. D., of, &c. ipmchaser), of the other part • P"«»«- 
 
 Whereas by an indenture dated the — day of , and Sfuvi!"" 
 
 made between G. H., of the one part, and the said C. D., of the 
 other part, All, &c. (here set out the pa/rcels as described in the 
 lease), and the appurtenances, were granted by the said G. H. 
 unto the said A. B., his executors, administrators, and assigns, 
 
 for the lives of and , and the life of the survivor of 
 
 them, at the yearly rent of £5, and subject to the covenants 
 and conditions therein contained, and on the part of the grantee, 
 his executors, administrators, and assigns, to be observed and 
 performed : And whereas the said A. B. hath agreed with the Agreement 
 said C. D. for the sale to him of the hereditaments and premises feLa'° "^ 
 comprised in the said recited indenture, for the lives and 
 subject as aforesaid, at the price of £ : NOW THIS IN- 
 DENTURE WITNESSETH, that in pursuance of the said 
 
 agreement, and in consideration of the sum of £ to the 
 
 said A. B. now paid by the said C. D., the receipt whereof the 
 said A. B. doth hereby acknowledge, and from the same doth 
 hereby release the said C. D., He the said A. B. doth hereby 
 grant unto the said C. D., his executors, administrators, and 
 assigns, All the hereditaments and premises comprised in and Grant of 
 granted by the said recited indenture. And all the estate and '^'^'^'^^^ 
 interest of the said A. B. therein : To have and to hold the to purchaser 
 hereditaments and premises hereby granted, or expressed so to cestiS^m 
 be, unto the said C. D., his executors, administrators, and ° 
 
 vie. 
 
 (a) An estate pour autre vie may be limited by the original grant, or by Estates pom- 
 any subsequent assurance tJiereof, either to tbe grantee and his heirs, in ""'" "'*■ 
 whioh case on his death intestate the heir will take as special occupant and 
 the property will be chargeable in his hands as assets by descent, as in the 
 case of freehold land in fee-simple ; or to the grantee, his executors and 
 administrators, in which case the executor or administrator will take by 
 special occupancy. Whether the executor or administrator takes by special 
 occupancy or otherwise, the estate is made assets in his hands, to be applied 
 in the same manner as the personal estate of the testator or intestate. See 
 1 Vic. 0. 26, s. 6. If an estate pour autre vie, either by the original grant or 
 by any subsequent assurance thereof, is limited to the grantee, his heirs, 
 executors, and administrators, the heir, and not the executor, will take as 
 special occupant. (Atkinson v. Baker, 4 T. R. 229.) 
 
 Digitized by Microsoft® 
 
246 PURCHASE DEEDS. 
 
 ^orYIiSt- assigns, for the lives of the said and , and the life of 
 
 Tor uv^" the survivor of them, at the rent and subject to the covenants 
 ■ and conditions reserved by and contained in the said recited 
 
 indenture, and on the part of the grantee, his executors, admi- 
 covenant by nistrators, and assigns, to be paid, observed, and performed : And 
 THE SAID A. B. doth hereby for himself, his heirs, executors, 
 and administrators, covenant with the said C. D., his execu- 
 tors, administrators, and assigns. That the rent, covenants, 
 and conditions by and in the said recited indenture reserved 
 and contained, have on the said A. B.'s part been duly paid, 
 observed, and performed, up to the date of these presents : 
 And that, notwithstanding any act, deed, or thing by the said 
 A. B. done, or knowingly suffered to the contrary, he the said 
 For right to A. B. now hath good right to grant the said hereditaments and 
 premises unto the said C. D., his executors, administrators, and 
 assigns in manner aforesaid. And that the said C. D., his 
 executors, administrators, and assigns, shall henceforth during 
 
 For quiet the livos of the said and — : — , and the life of the survivor 
 
 eiyoymen . ^£ i\xem, quietly possess and enjoy the said hereditaments and 
 
 premises, and receive the rents and profits thereof, without any 
 
 lawful eviction, interruption, claim, or demand from or by the 
 
 said A. B., or any person or persons lawfully or equitably 
 
 Free from claiming from, under, or in trust for him : And that free from 
 
 incum- n • 1 
 
 brances, all incumbrances whatsoever made, occasioned, or suffered by 
 
 the said A. B., or by any person or persons lawfully or equitably 
 
 tother claiming as aforesaid : And further, that the said A. B., and 
 
 assurance ^n persous having or lawfully claiming any estate or interest in 
 
 the said hereditaments and premises, or any part thereof, from, 
 
 under, or in trust for him, shall and will at all times hereafter 
 
 during the lives of the said and , and the life of the 
 
 survivor of them, do and execute, or cause to be done and 
 executed, all such acts, deeds, and things, for further and more 
 effectually assuring the said hereditaments and premises unto 
 the said C. D., his executors, administrators, and assigns, in 
 Covenant by manner aforesaid, as shall be reasonably required : And the 
 to pay rent SAID C. D. doth hereby, for himself, his heirs, executors 
 
 and observe i ■ • , . i • . , , ' 
 
 covenants, administrators, and assigns, covenant with the said A. B. his 
 indemnify executors and administrators, that he the said G D his 
 
 vendor i ■ ■ v^. j-'., ''•" 
 
 therefrom, executors, administrators, and assigns, will at all times hereafter 
 
 during the lives of the said and , and the life of the 
 
 survivor of them, pay the said yearly rent of £5, and observe 
 and perform all the covenants and conditions contained in the 
 
 Digitized by Microsoft® 
 
PUKCHASE DEEDS. 247 
 
 said recited indenture, and henceforth on the part of the grantee, oy"^"^™ 
 his executors, administrators, or assigns, to be observed and ™ob ™v^g'' 
 
 performed, and will at all times keep indemnified the said 
 
 A. B., his heirs, executors, and administrators, and his and 
 their estate and effects, fi'om and against the payment of the 
 said rent, and the observance and performance of the said 
 covenants and conditions, and all actions, claims, and demands 
 whatsoever, for or on account of the same, or in anywise 
 relating thereto. 
 In witness, &c. 
 
 No. XVIII. 
 
 ASSIGNMENT of Leaseholds for the residue of a Term asbigsmint 
 Determinable on Lives, and the benefit of a Cove- B.ai.m and 
 
 ' •^ J COVENANT 
 
 nant for Perpetual Eenewal. „ ^f 
 
 THIS INDENTURE, made the day of , Between Paitiea. 
 
 A. B., of, &c. (vendor), of the one part and C. D. of, &c. 
 (purchaser), of the other part : Whereas, by an indenture, 
 dated, &c., and made between X. Y., of the one part, and the 
 said A. B., of the other part (here recite lease of premises herein- 
 after demised for 99 years, from the day of , if E., F 
 
 and G., or any of them should so long live, and the covenant for 
 renewal contained in the lease. — Death of E.) — And whereas, Recite lefwo 
 
 '^ to vendor 
 
 by an indenture, dated the day of , and made between ^°'5^*j^[°' 
 
 the said X. Y., of the one part, and the said A. B., of the other a^^"" 
 part, in pursuance of the aforesaid covenant and in consideration 
 of the surrender of the said recited lease, and in consideration of 
 
 the sum of £ , to the said X. Y., paid by the said A. B., 
 
 the said X. Y. demised unto the said A. B., All [here describe . 
 the parcels as set forth in this lease) to hold the same unto the 
 said A. B., his executors, administrators, and assigns, for the 
 
 term of 99 years, from the day of , if F. and the said 
 
 G. and H., or any of them, should so long live, at the yearly 
 
 rent of £, , and under the covenants and conditions in the 
 
 said indenture of lease now in recital contained, and on the 
 lessee's part to be observed and performed, And by the inden- nintte™" 
 
 Digitized by Microsoft® 
 
248 
 
 PURCHASE DEEDS. 
 
 ASSIGNMENT 
 OF LEASE- 
 HOLDS AND 
 COVENANT 
 
 FOB 
 EENEWAL. 
 
 perpetual 
 renewal. 
 
 Agreement 
 for sale. 
 
 Considera- 
 tion. 
 
 Vendor 
 assigns. 
 
 First. 
 
 Leasehold 
 premises. 
 
 Secondly. 
 
 Benefit Of 
 covenant 
 for renewal. 
 
 ture now in recital, the said X. Y. covenanted for himself, his 
 heirs, executors, administrators, and assigns, with the said A. B., 
 his executors, administrators, and assigns, that in case on the 
 decease of such one of them, the said F., G., and H., as should 
 first die, the said A. B., his executors, administrators, or assigns, 
 should within six calendar months from the dropping of such 
 life give to the said X. Y., his heirs or assigns, or leave at 
 his or their usual or last known place of abode, a notice in 
 writing, requesting a new lease of the premises for 99 years if 
 such two of them the said F., G., and H., as should be then 
 living, and one other person to be nominated in that behalf by 
 the person or persons giving or leaving such notice, or any of 
 them should so long live, and should within the said period 
 
 pay the sum of £ to the said X. Y, his heirs or assigns, 
 
 by way of fine, for the renewal of such lease, then and in such 
 case the said X. Y, his heirs or assigns, would within such 
 period as aforesaid, at the request and cost of the said A. B., his 
 executors, administrators, or assigns, grant unto him or them on 
 the surrender of the lease now in recital, a new lease of the said 
 premises for and determinable on the lives aforesaid according 
 to such notice upon the same terms and under and subject to 
 the same covenants, provisoes, and declarations as were contained 
 in the lease now in recital, including the covenant for renewal : 
 And whereas the said A. B. hath agreed with the said C. D., 
 for the sale to him of the premises comprised in the said recited 
 
 indenture of lease of the day of , for the residue of 
 
 the said term of 99 years created therein by the same inden- 
 ture as aforesaid, and also of the full benefit of the covenant in 
 the same indenture contained for securing the perpetual renewal 
 of the said lease on the dropping of lives as aforesaid at the 
 
 price of £ : NOW THIS INDENTURE WITNESSETH, 
 
 that in pursuance of the aforesaid agreement, and in considera- 
 tion of the sum of £ , to the said A. B., paid by the said 
 
 G. D. on or before the execution of these presents {the receipt, 
 dc.) : He, the said A. B., doth hereby assign unto the said 
 C. D., his executors, administrators, and assigns, First, All 
 AND SiNGCiLAE the messuages and premises comprised in and 
 
 demised by the said recited indenture of the day of ■ ; 
 
 And Secondly, The full benefit and advantage of the cove- 
 nant contained in the said last-mentioned indenture for securino- 
 the perpetual renewal of the said lease on the dropping of lives 
 as therein recited : And all the estate, right, title, interest, claim. 
 
 Digitized by Microsoft® 
 
PUrtCHASE DEEDS. 249 
 
 and demand whatsoever, of the said A. B., in, to, and upon the assignment 
 
 . J . ' ' ^ r ^ OF lka.se- 
 
 said premises respectively : To have and to hold the messuages ^J^enIS? 
 and premises, firstly hereinbefore assigned or expressed so to be, bemwal 
 unto the said C. D., his executors, administrators, and assigns, ^^~j~^ — 
 for all the residue now unexpired of the said term of 99 years g^JJ"^^ 
 created therein by the said last-mentioned indenture, deter min- ^''^haser 
 
 able as aforesaid, at the said yearly rent of £ , and under 5" oTte™ 
 
 and subject to the covenants and conditions in the same inden- aweZ'the' 
 ture contained, and on the lessee's part to be observed and ^"'"^ 
 pei-formed, And to hold the benefit, advantage, and premises and benefit 
 
 ji,.-„ , ^ ■*■ of covenant 
 
 secondly nereinbeiore assigned, or expressed so to be, unto the for renewal 
 
 * J A Ti 1 • 1 • • ^° purchaacr 
 
 said A. a., his executors, administrators, and assigns absolutely, absolutely. 
 And the said A. B. doth hereby for himself, his heirs, exe- covenants 
 
 . . •' ' ' by vendor 
 
 cutors, and administrators covenant with the said C. D., his 
 executors, administrators, and assigns. That, notwithstanding that lease 
 any act, deed, or thing by the said A. B., done or executed, or ^ ^* ' 
 knowingly suflFered to the contrary the said recited indenture of 
 
 lease of the day of , is now a good and effectual lease 
 
 in the law of the messuage and premises hereby assigned or 
 expressed so to be, and has not been forfeited or surrendered, 
 or become void or voidable: And that the rent, covenants, that rent 
 and conditions by and in the same indenture of lease reserved nantshave 
 and contained, have on the lessee's part been duly paid, ob- paid and 
 served, and performed up to the date of these presents. And fo^ ^^^4 to 
 THAT notwithstanding any such act, deed, or thing, as aforesaid, *°''^' 
 he the said A. B. now hath good right to assign the said 
 messuage and premises firstly hereinbefore assigned unto the 
 said C. D., his executors, administrators, and assigns, for the 
 residue of the said term of 99 years created by the said inden- 
 ture of lease of the day of , determinable, and in 
 
 manner aforesaid, and the said premises secondly hereinbefore 
 assigned unto the said C. D., his executors, administrators, and 
 assigns absolutely, And that the said C. D., his executors, for quiet 
 administrators, and assigns, shall and may at all times hereafter ™^°^™"' ■ 
 during the said last-mentioned term of 99 years determinable 
 as aforesaid peaceably and quietly possess and enjoy the said 
 messuage and premises and receive the rents and profits thereof 
 without any lawful eviction, claim or demand whatsoever, from 
 or by the said A, B., his executors, or administrators, or any 
 person or persons lawfully or equitably claiming from under or 
 in trust for him, them, or any of them : And that free from free from 
 all incumbrances whatsoever made, occasioned, or suffered by brances, 
 
 Digitized by Microsoft® 
 
250 PURCHASE DEEDS. 
 
 *oJ'°™™7 the said A. B., his executors, or administrators, and all persons 
 "wjtonI™ having or lawfully or equitably claiming as aforesaid: And 
 RENEWAL. FURTHEE, that the said A. B., his executors and administrators, 
 and for and all persons having, or lawfully or equitably claiming any 
 ^smanoe. Bstato Or interest in the said messuage and premises, or any of 
 them, or any part thereof, from, under, or in trust for the said 
 A. B., his executors, or administrators shall and will from time 
 to time, and at all times hereafter during the said last-mentioned 
 term of 99 years, determinable as aforesaid, at the request and cost 
 of the said C. D., his executors, administrators, and assigns, do and 
 execute, or cause to be done and executed all such acts, deeds, 
 and things whatsoever, for further and more perfectly assuring 
 the said messuage and premises unto the said C. D., his executors, 
 administrators, or assigns, for the unexpired residue of the 
 said last-mentioned term of 99 years, determinable as aforesaid, 
 and also the said benefit, advantage, and premises secondly here- 
 inbefore assigned unto the said A.B.,his executors, administrators, 
 or assigns absolutely, as shall or may be reasonably required : 
 Covenant by And THE SAID C. D. doth hereby for himself, his heirs, exe- 
 
 parchaser ... , . . , ^ . 
 
 to pay rent cutors, admmistrators, and assigns, covenant with the said- A. B., 
 
 and observe , . . i • i 
 
 lessee's his executors, admmistrators, and assigns, that the said C D., his 
 
 covenants* ... , . 
 
 executors, administrators, and assigns, will at all times hereafter 
 during the said last-mentioned term of 99 years determinable as 
 aforesaid pay the yearly rent reserved by the said last recited in- 
 denture of lease and observe and perform all the covenants and 
 conditions contained in the same indenture and henceforth on 
 the part of the lessee, his executors, administrators, or assigns, to 
 be observed and performed, and will at all times hereafter keep 
 indemnified the said A. B., his heirs, executors, and adminis- 
 trators, and his and their estates and effects from and against 
 the payment of the said rent, and the observance and perform- 
 ance of the said covenant and conditions, and all actions, claims 
 and demands whatsoever, for or on account of the same or in 
 anywise relating thereto. 
 In witness, &c. 
 
 Digitized by Microsoft® 
 
PUKCHASE DEEDS. 251 
 
 No. XIX. 
 
 GRANT of Feeeholds am,d Covenant for the Sur- ^l^^^^Z. 
 RENDER of Copyholds, 
 
 THIS INDENTURE, made,&c.. Between A.B., of, &c. {vendor). 
 
 FREEHOLriS 
 AND COVE- 
 NANT TO 
 BUaRENDRU 
 COPYHOLDS. 
 
 of the one part, and C. D., of, &c. (purchaser), of the other part : ^*'*'°^- 
 Whereas the said A. B, hath aarreed with the said C. D. for the Agreement 
 
 , , o for sale of 
 
 absolute sale to him of the freehold hereditaments intended to freeholds 
 
 and copy- 
 be hereby granted, and the inheritance thereof in fee simple in •'"I'ls. 
 
 possession, free from incumbrances, and also of the copyhold 
 hereditaments hereinafter covenanted to be surrendered, and 
 the customary inheritance thereof in possession, free from in- 
 cumbrances, except the rents, fines, heriots, suits, and services 
 
 therefor due, and of right accustomed, at the price of £ : 
 
 And whereas it hath been agreed that for the purpose of the Arrange- 
 
 o r r ment as to 
 
 Stamp Act the sum of £ , part of the said purchase-money, ^^^gf"' 
 
 shall be considered the price of the said freehold hereditaments, ^""'iif °" 
 
 Jr > money. 
 
 and the sum of £ , being the remainder of the said pur- 
 chase-money, shall be considered the price of the said copyhold 
 hereditaments : NOW THIS INDENTURE WITNESSETH, ^^^^'"^ 
 that in pursuance of the aforesaid agreement, and in considera- 
 tion, &c. {the receipt, dc), {.Conveyance of freeholds to C. D., ^^^^^-^^^ 
 his heirs and assigns, supra, p. 218) : AND THIS INDEN- 
 TURE ALSO WITNESSETH, that in further pursuance of 
 the said agreement, and for the consideration aforesaid {Cove- 
 nant for the surrender of the copyhold hereditaments to the covenant tn 
 use of C. D., his heirs and assigns, supra, p. 230) : And copyholds. 
 THE SAID A. B. doth hereby, for himself, his heirs, executors, 
 and administrators, covenant with the said C. D., his heirs 
 and assigns. That notwithstanding any act, deed or thing by ^"^^^^'^ 
 the said A. B. [or by any of his ancestors (ct)], done or executed, for right to 
 or knowingly suffered to the contrary, he the said A. B. now freeholds, 
 hath good right to grant and surrender the freehold and copy- and for 
 hold hereditaments and premises hereby granted and covenanted render copy- 
 to be surrendered respectively to the use of the said C. D., his 
 heirs and assigns, in manner aforesaid : And that the said 
 C. D., his heirs and assigns, shall and may at all times here- 
 (a) See note, supra, p. 219. 
 
 Digitized by Microsoft® 
 
252 
 
 PUKCHASE DEEDS. 
 
 GRANT OF 
 FREEHOLDS 
 AND COVE- 
 NANT TO 
 SURRENDER 
 COPYHOLDS. 
 
 for quiet 
 enjoyment, 
 
 free from 
 incum- 
 brances. 
 
 and for 
 furtlier 
 assurance. 
 
 after, peaceably and quietly possess and enjoy the said freehold 
 and copyhold hereditaments and premises, and receive the rents 
 and profits thereof respectively, without any lawful eviction, 
 claim, or demand from or by the said A. B,, or any person or 
 persons lawfully or equitably claiming from, or under or in 
 trust for him, [or from or under any of his ancestors (a)] : And 
 THAT free from all incumbrances whatsoever made, occasioned, 
 or suffered by the said A. B., [or any of his ancestors (a)], or by 
 any person or persons lawfully or equitably claiming as afore- 
 said : And further, that he the said A. B., and all persons 
 having or lawfully or equitably claiming any estate or interest 
 in the said freehold and copyhold hereditaments and premises 
 or any of them, or any part thereof, from, under, or in trust 
 for him [or from or under any of his ancestors (a)], shall and 
 will, at the request and cost of the said C. D., his heirs or 
 assigns, do and execute, or cause to be done and executed, 
 all such acts, deeds, and things, for further and more perfectly 
 assuring the said freehold and copyhold hereditaments and 
 premises to the use of the said C. D., his heirs and assigns, in 
 manner aforesaid, as shall or may reasonably be required. 
 In witness, &c. 
 
 No. XX. 
 
 GRANT OF 
 FREEHOLDS 
 AND ASSIGN- 
 MENT OF 
 LEASEHOLDS. 
 
 GRANT of Freeholds and Assignment of Leaseholds 
 to Purchaser. 
 
 Parties. THIS INDENTURE, made the 
 
 day of 
 
 Between 
 
 Becite lease. 
 
 Agreement 
 for sale. 
 
 A. B., of, &c. (vendor), of the one part, and C D., of, &c. (pur- 
 chaser), of the other part : Whereas (Recite lease to A. B. — 
 see suprd, p. 234) : And whereas the said A. B. hath agreed 
 with the said C. D. for the absolute sale to him of the freehold 
 hereditaments intended to be hereby granted, and the in- 
 heritance thereof in fee simple in possession free from incum- 
 brances, and of the leasehold hereditaments comprised in the 
 hereinbefore recited indenture for the residue of the said term 
 
 of years, free from all incumbrances except the rent, 
 
 covenants, and conditions reserved by and contained in the 
 
 Digitized by Microsoft® 
 
PURCHASE DEEDS. 253 
 
 said indenture of lease, at the price of £ : NOW THIS J"'*"^ "" 
 
 ^ FH ECU OLDS 
 
 INDENTURE WITNESSETH, that in pursuance of the said ^"^f^f" 
 agreement and in consideration, &c. (the receipt, dc.) The said '-^fff^°^°s. 
 A. B. doth hereby grant unto the said C. D., his heirs and ^Hnessi,,^ 
 assigns All (parcels, general words, and all the estate, dtc. — ''*'*■ 
 see suprd, p. 214) : To have and to hold the hereditaments ScehoidL 
 and premises hereby granted, or expressed so to be, unto and to 
 the use of the said C. D., his heirs and assigns for ever : AND second 
 
 ' o witnessing 
 
 THIS INDENTURE ALSO WITNESSETH, that in further v<^'^- 
 pursuance of the said agreement and for the consideration afore- onm™^" 
 said. The said A. B. doth hereby assign unto the said C. D., his 
 executors, administrators, and assigns, All and singular the 
 hereditaments and premises comprised in and demised by the 
 
 hereinbefore recited indenture of lease of the day of , 
 
 or expressed so to be (and all the estate, dc. : To hAve and to 
 hold the hereditaments and premises hereby assigned, or 
 expressed so to be, unto the said C D., his executors, adminis- 
 trators, and assigns, for all the residue now unexpired of the 
 
 said term of years, at the rent and under and subject to 
 
 the covenants and conditions by and in the said indenture of 
 lease reserved and contained, and which henceforth on the part 
 of the lessee, his executors, administrators, and assigns, are or 
 ought to be paid, observed, and performed : And the said covenant by 
 A. B. doth hereby, for himself, his heirs, executors, and 
 administrators, covenant with the said C. D., his heirs, exe- 
 cutors, administrators, and assigns, respectively. That not- i^**bS 
 withstanding any act, deed, or thing by the said A. B. done or '°8' 
 executed, or knowingly suffered to the contrary, the said inden- 
 ture of lease is a good and effectual lease of the hereditaments 
 and premises hereby assigned or expressed to be, for the said 
 
 term of years, and has not been forfeited or surrendered, 
 
 or become void or voidable, and that the rent, covenants, and 
 conditions by and in the same indenture reserved and contained, 
 have on the lessee's part been duly paid, observed, and performed 
 up to the date of these presents : And that notwithstanding for right to 
 any act, deed, or thing by the said A. B. [or any of his an- assign, 
 cestors(a)], done or executed, or knowingly suffered to the 
 contrary, the said A. B. now hath good right to gi-ant and assign 
 the freehold and leasehold hereditaments and premises hereby 
 granted and assigned respectively, or expressed so to be, unto 
 
 (a) See note, suprd, p. 219. 
 
 Digitized by Microsoft® 
 
254 
 
 PURCHASE DEEDS. 
 
 GRANT OP 
 FREEHOLDS 
 AND ASSION- 
 
 MENT OP 
 LEASEHOLDS. 
 
 for quiet 
 enjoyment. 
 
 free from 
 incum- 
 brances. 
 
 and for 
 further 
 assurance. 
 
 and to the use of the said C. D., his heirs, executors, adminis- 
 trators, and assigns respectively, in manner aforesaid : And 
 THAT the said C. D., his heirs, executors, administrators, and 
 assigns respectively, shall and may, as to the said freehold 
 hereditaments and premises at all times hereafter and as to the 
 said leasehold hereditaments and premises at all times during 
 
 the said term of years, peaceably and quietly possess and 
 
 enjoy the same freehold and leasehold hereditaments and pre- 
 mises respectively, and receive the rents and profits thereof 
 without any lawful eviction, claim, or demand whatsoever, from 
 or by the said A. B., or any person or persons lawfully or 
 equitably claiming from, under, or in trust for him [or from or 
 under any of his ancestors] : And THAT free from all incum- 
 brances whatsoever made, occasioned, or suffered by the said 
 A. B. [or any of his ancestors], or any person or persons law- 
 fully or equitably claiming as aforesaid : AND THAT the said 
 A. B., and all persons having or lawfully or equitably claiming 
 any estate or interest in the said freehold and leasehold here- 
 ditaments and premises respectively, or any of them, from, 
 under, or in trust for him [or from or under any of his an- 
 cestors], shall and will from time to time and at all times 
 hereafter at the request and cost of the said C. D., bis heirs, 
 executors, administrators, or assigns, do and execute, or cause 
 to be done and executed, all such acts, deeds, and things, 
 for further and more perfectly assuring the said freehold and 
 leasehold hereditaments and premises unto and to the use of 
 the said C. D., his heirs, executors, administrators, and assigns 
 respectively, in manner aforesaid, as shall or may be reasonably 
 required. (Covenant by purchaser .to pay rent and observe cove- 
 nants in lease, and to indemnify the vendor therefrom; see 
 suprd, pp. 235, 236.) 
 In witness, &c. 
 
 Digitized by Microsoft® 
 
PURCHASE DEEDS. 255 
 
 No. XXI. 
 
 CONVEYANCE of Freeholds, Covenant to Surrender conveyance 
 
 */ ' OF FREE- 
 
 CoPYHOLDS, and Assignment of Leaseholds, the =°"'=' 
 
 ' J i COVENANT 
 
 Purchaser having married before 1834. 
 
 COVENANT TO 
 SURRENDER 
 COPYHOLDS, 
 
 AXD ASSIGN- 
 
 THIS INDENTURE, made the day of , Between ^^1°^^ 
 
 A. B., of, &c. {vendor), of the first part, C. D., of, &c. {purchaser), parties. 
 of the second part, and E. F., of, &c. {dower trustee), of the third 
 part {Recite lease supra, p. 234) : And whereas the said A. B. R«oite iea:^e. 
 has agi-eed with the said C. D. for the absohite sale to him of t^t^f"*' 
 the freehold hereditaments intended to be hereby granted, and 
 the inheritance thereof in fee simple in possession free from 
 incumbrances, and of the copyhold hereditaments hereinafter 
 covenanted to be surrendered, and the customary inheritance 
 thereof in possession free from incumbrances, except the rents, 
 fines, heriots, suits, and services therefor due and of right 
 accustomed, and of the hereditaments comprised in the herein- 
 before recited indenture of lease for the residue of the said term 
 
 of years, free from incumbrances except the rent, covenants, 
 
 and conditions by and in the said indenture of lease reserved 
 and contained, and on the lessee's part to be paid, observed, 
 and performed, at the price of £3000 : And whereas it has Apportiou- 
 been agreed that, for the purpose of the Stamp Act, the sum of purohaae- 
 £2000, part of the said purchase-money, shall be considered the 
 price of the said freehold and leasehold hereditaments, and the 
 sum of £1000, being the residue of the said purchase-money, 
 shall be considered the price of the said copyhold heredita- 
 ments : NOW THIS INDENTURE WITNESSETH that in First 
 part pursuance of the said agreement, and in consideration of part*^"^'"^ 
 the sum of £3000, paid by the said 0. D. to the said A. B. on or 
 before the execution of these presents {the receipt, dc.). The 
 said A. B. doth hereby grant unto the said C. D. and his heirs, vendor 
 All {parcels, general words, and all the estate, dc.) : To ioMs, 
 have and to hold the hereditaments and premises hereby tardown- 
 granted, or expressed so to be, unto the said C. D. and his heirs : pmch^r? 
 To such uses, &c., {Uses to ba/r dower, see suprd, p. 225) : ^ecoM^^^ 
 AND THIS INDENTURE ALSO WITNESSETH, that in p''^. 
 further pursuance of the said agreement, and for the con- covenauts 
 
 - -T/y^ r 1 1 j> 1 ^ surrender 
 
 sideration aforesaid {Covenant for the surrender of the copy- copyhows to 
 
 ^ ./ * «^ purchaser. 
 
 Digitized by Microsoft® 
 
256 PURCHASE DEEDS. 
 
 OF FREE- 
 HOLDS, 
 COVENANT Tb 
 yUBRENDEB 
 COPYHOLDS, 
 AND ASSIGN- 
 MENT OF 
 LEASEHOLDS. 
 
 '=™/™™ /toZiis to the use of C. D., his heirs and assigns; see suprd, 
 p. 230): AND THIS INDENTURE ALSO WITNESSETH, 
 that in further pursuance of the said agreement, and for the 
 consideration aforesaid (Assignment of leaseholds to C. D., his 
 executors, administrators, and assigns ; see suprd, p. 234) : 
 wttnessing -^^D THE SAID A. B. doth hereby, for himself, his heirs, 
 P*'*' executors, and administrators, covenant with the said C. D., 
 
 Vendor , . , . ... , . ,. , 
 
 assigns his heirs, executors, administrators, and assigns respectively, 
 
 leaseholds to ' / i • i i - i ■ i 
 
 purchaser. THAT notwithstanding any act, deed, or thing by him, the said 
 by vSot, a. B., done or executed, or knowingly suffered to the contrary, 
 that lease is ^j^e hereinbefore recited indenture of lease is now a good and 
 
 subsisting, ^ _ ° 
 
 effectual lease of the hereditaments and premises hereby 
 assigned, or expressed so to be, and has not been forfeited or 
 surrendered, or become void or voidable, and that the rent, 
 covenants, and conditions by and in the same indenture of lease 
 reserved and contained, have been duly paid, observed, and 
 for right to performed respectively, up to the date of these presents : And 
 
 convey, sur- ^ . . , . 
 
 render, and THAT notwithstanding any act, deed, or thing by the said A. B. 
 [or any of his ancestors (a) ], done or executed, or knowingly 
 suffered to the contrary, he the said A. B. now hath good right 
 to grant, surrender, and assign the freehold, copyhold, and lease- 
 hold hereditaments and premises hereby granted, covenanted 
 to be surrendered, and assigned respectively, or expressed so to 
 be, unto and to the use of the said C. D., his appointees, heirs, 
 executors, administrators, and assigns respectively in manner 
 
 for quiet aforcsaid : And that the said C. D., his appointees, heirs, 
 
 enjoyment, i • • i ■ 
 
 executors, administrators, and assigns respectively shall and 
 may as to the said freehold and copyhold hereditaments and 
 premises at all times hereafter, and as to the said leasehold 
 hereditaments and premises at all times during the residue of 
 
 the said term of years, peaceably and quietly possess and 
 
 enjoy the same freehold, copyhold, and leasehold hereditaments 
 and premises respectively, and receive the rents and profits 
 thereof, without any lawful eviction, claim, or demand what- 
 soever, from or by the said A. B., or any person or persons law- 
 fully or equitably claiming from, under, or in trust for him, [or 
 freedom from or Under any of his ancestors] : And THAT free from all 
 brances, incumbrances whatsoever, made, occasioned, or suffered by the 
 said A. B., [or any of his ancestors], or by any person or persons 
 lawfully or equitably claiming as aforesaid: And further, 
 
 (a) See note, suprd,, p. 219. 
 
 Digitized by Microsoft® 
 
PUBCHASE DEEDS. 257 
 
 OF FREE- 
 HOLDS, 
 COVENANT TO 
 SURBENDEa 
 COPYHOLDS, 
 AND ASSIGN- 
 MENT OF 
 LEASEHOLDS. 
 
 fiu'ther 
 assurance. 
 
 that the said A. B., and all persons having, or lawfully or '^°'7^g^-^ 
 equitably claiming, any estate or interest in the said freehold, 
 copyhold, and leasehold hereditaments and premises respectively, 
 or any of them, or any part or parts thereof respectively, from, 
 under, or in trust for him [or from or under any of his ancestors], 
 shall and will from time to time, and at all times hereafter at ""'' ''"' 
 the request and cost of the said C. D., his appointees, heirs, 
 executors, administrators, or assigns, do and execute, or cause to 
 be done and executed, all such acts, deeds, and things, for 
 further and more perfectly assuring the same freehold, copy- 
 hold, and leasehold hereditaments and premises, and every part 
 thereof respectively, unto and to the use of the said C. D., his 
 appointees, heirs, executors, administrators, and assigns respec- 
 tively in manner aforesaid, as shall or may be reasonably 
 required. (Covenant by purchaser to pay rent and observe 
 covenants in lease, and to indemnify the vendor therefrom — 
 supra, pp. 235, 23G.) 
 In witness, &c. 
 
 CONVEYANCE 
 
 ov wife's 
 
 FRF.KHOLDS. 
 
 No. XXII. 
 
 CONVEYANCE by a Husband and Wife of Free- 
 holds of the Wife (a). 
 
 THIS INDENTURE, made, &c., Between A. B., of &c., and 
 C. his wife (vendors), of the first part, E. F., of, &c. (purchaser), 
 of the second part, and G. H., of, &c. (dower trustee), of the 
 
 third part : Whereas X. Y., late of, &c., died on the day Eecite win 
 
 of , having made his will, dated the day of , and hS'^f- 
 
 thereby devised the hereditaments intended to be hereby S. 
 granted, unto the said C. B., her heirs and assigns, for ever : 
 
 (a) This deed must be acknowledged by the wife pursuant to the 3 & 4 
 Will. 4, c. 74. The 9l8t sec. of the Fines and Eecoveries Act, enables the 
 Court of Common Pleas, by an order to be made in a summary way 
 upon the wife in the case of a husband being lunatic or of unsoimd mind, 
 or being from any other cause incapable of executing a deed or making a 
 surrender, or in cases where his residence is not known, or in case of his 
 1 leing in prison, transported, or living apart from his wife, to dispense with 
 hia concurrence ; and as soon as such order is obtained, she is in a position 
 to dispose of her real estate by an unacknowledged deed. (Goodchild v. 
 Dougal, L. E. 3 C. D. 246.) 
 
 VOL I. 
 
 Digitized by Microsoft® 
 
258 
 
 PUECHASE DEEDS. 
 
 CONVEYANCE 
 
 OF WIFE'S 
 FREEHOLDS. 
 
 Agreement 
 for sale by 
 husband and 
 wife. 
 
 Grant by 
 husband and 
 wife. 
 
 to pUTchaser 
 to uses to 
 bar dower. 
 
 Covenants 
 by the 
 husband : 
 
 that he and 
 his wife 
 have right 
 to convey. 
 
 for quiet 
 eiyoyment, 
 
 free from 
 incum- 
 brances, 
 
 and for 
 furtlier 
 assurance. 
 
 And whereas the said A. B. and C. his wife, have agreed with 
 the said E. F. for the absolute sale to him of the hereditaments 
 intended to be hereby granted, and the inheritance thereof in 
 fee simple in possession, free from incumbrances, at the price 
 
 of £ : NOW THIS INDENTURE WITNESSETH, that in 
 
 pursuance of the aforesaid agreement, and in consideration of the 
 
 sum of £ to the said A. B. and C. his wife paid by the said 
 
 E. F. on or before the execution of these presents {the receipt, dc.) : 
 The said A. B. and C. his wife, do and each of them doth by 
 this deed duly acknowledged by the said C. B. pursuant to the 
 statute in that behalf, grant unto the said E. F., and his 
 heirs. All, &c. (parcels, general words, and all the estate, dc.) : 
 To HAVE AND TO HOLD the hei-editamcfats and premises hereby 
 granted, or expressed so to be, unto the said E. F. and his heirs 
 ( Uses to bar dower for the said E. F., supiu, p. 225) : And 
 THE SAID A. B. doth hereby, for himself, his heirs, executors, 
 and administrators, covenant with the said E. F;, and his 
 heirs, That notwithstanding any act, deed, or thing by the 
 said A. B. and C. his wife, or either of them, or by the said X. Y., 
 the testator, done, or executed, or knowingly suffered to the 
 contrary, they the said A. B. and C. his wife now have good 
 right to grant the hereditaments and premises hereby granted, 
 or expressed so to be, to the use of the said E. F., his ap- 
 pointees, heirs, and assigns, in manner aforesaid : And that the 
 said E. F, his appointees, heirs, and assigns, shall and may at 
 all times hereafter, peaceably and quietly possess and enjoy the 
 said hereditaments and premises, and receive the rents and 
 profits thereof, without any lawful eviction, interruption, claim, 
 or demand whatsoever, from or by the said A. B and C. his wife, 
 or either of them, or any person or persons lawfully or equitably 
 claiming from, under, or in trust for them, or either of them, or 
 from or under the said X. Y. : And that free from all incum- 
 brances whatsoever made, occasioned, or suffered by the said 
 A. B. and C. his wife, or either of them, or by the said X. Y., or 
 any person or persons lawfully or equitably claiming as afore- 
 said : And furthee, that the said A. B. and C. his wife, and 
 all persons having or lawfully or equitably claiming any estate 
 ,or interest in the said hereditaments and premises, or any part 
 thereof, from, under, or in trust for them, respectively, or from 
 or under the said X. Y., shall and will, from time to time, and 
 at all times hereafter, upon the request and at the cost of the 
 said E. F., his appointees, heirs, or assigns, do and execute, or 
 
 Digitized by Microsoft® 
 
PURCHASE DEEDS. 259 
 
 cause to be done and executed, all such acts, deeds, and things conveyance 
 
 ' ' O OP WIFE a 
 
 for further and more perfectly assuring the said hereditaments '•■"^™°'-d3. 
 and premises to the use of the said E. F., his appointees, heirs, 
 and assigns, in manner aforesaid, as shall or may be reasonably 
 required. 
 In witness, &c. 
 
 No. XXIII. 
 
 BY MARRIED 
 WOMAN 
 UNUER 
 POWER, 
 
 CONVEYANCE by a Married Woman under a Power, conveyance 
 The Husband joires to Covenant for Title. 
 
 THIS INDENTURE, made the day of , Between p,^^,^, 
 
 C. B., the wife of A. B., of, &c. (appointor), of the first part, the 
 said A. B. (husband of appointor), of the second part, and E. F., 
 of, &c. (appointee), of the third part (Recite will of X. Y., Recite wiu. 
 whereby the lands were devised to such uses as C. B. should, 
 notwithstanding coverture, appoint, and in default of appoint- 
 ment, to the uses therein mentioned, — death of testator, and 
 probate of his will, — agreement by C. B. with E. F. for sale) : ^f^°["*"' 
 And whereas the said A. B. has agreed to join in these That bus- 
 presents for the purpose of entering into such covenants fora^eedto 
 title as are hereinafter on his part contained : NOW THIS covenant 
 INDENTURE WITNESSETH, that in pursuance of the ^;*^"°:„g 
 
 said agreement, and in consideration of the sum of £ to p'"''- 
 
 the said C. B. paid by the said E. F. on or before the execution tion. 
 of these presents (the receipt, dec.) she the said C. B., in wire 
 exercise of the power for this purpose given to her by the said 
 will of the said X. Y. as aforesaid, and of all other powers (if 
 any) her hereunto enabling DoTH by this deed, sealed and 
 delivered by her in the presence of and attested by the two 
 persons whose names are intended to be hereupon endorsed as 
 witnesses to such sealing and delivery, direct and appoint, that 
 All, &c. (parcels, general words, supra, p. 214, omitting "all 
 the estate"), shall henceforth, go, remain, and be To the use 
 of the said E. F., his heirs and assigns, for ever : And the to purchaser 
 SAID A. B. doth hereby, for himself, his heirs, executors, and covenant by 
 administrators, covenant with the said E. F., his heirs and that wk 
 
 s 2 
 
 Digitized by Microsoft® 
 
260 
 
 PURCHASE DEEDS. 
 
 CONVETANOK 
 
 BY MARRIED 
 
 WOMAN 
 
 tJNDEB 
 
 POWER. 
 
 for quiet 
 oiyoyment. 
 
 assigns. That notwithstanding any act, deed, or thing, by the 
 said C. B. or by the said X. Y. done or executed, or knowingly 
 suffered to the contrary, the said C. B. now has good right to 
 a'^oint**" appoint the hereditaments and premises hereby appointed, or 
 expressed so to be, to the use of the said E. F., his heirs and 
 assigns, in manner aforesaid : And that the said E. F., his 
 heirs and assigns, shall and may at all times hereafter peaceably 
 and quietly possess and enjoy the said hereditaments and 
 premises, and receive the rents and profits thereof, without any 
 lawful eviction, claim, or demand whatsoever, from or by the 
 said C. B. or any person or persons lawfully or equitably 
 claiming from or under the said C B. by appointment or other- 
 wise, or from or under the said testator X. Y. : And that free 
 from all incumbrances whatsoever made, occasioned, or suffered 
 by the said C. B. or any person or persons lawfully or equitably 
 claiming as aforesaid : And that the said C. B. and all persons 
 having or lawfully or equitably claiming any estate or interest 
 in the said hereditaments and premises, or any part thereof, 
 from or under the said C. B., by appointment or otherwise, or 
 from or under the said X. Y., shall and will, &c. {Covenant for 
 further assurance, supra, p. 219) (a). 
 In witness, &c. 
 
 free from 
 incum- 
 brances,- 
 
 and for 
 
 further 
 asaurance, 
 
 No. XXIV, 
 
 CONVEYANCE 
 
 TO TRUSTEE 
 
 FOB 
 
 separate 
 usb of the 
 pubchaseb's 
 
 WIFE. 
 
 Parties. 
 Recite con- 
 tract for 
 sale. 
 
 Bequest 
 of the pur- 
 chaser that 
 property 
 shall be^con- 
 veyed to a 
 trustee. 
 
 CONVEYANCE 0/ Freeholds hy Vendor hy the Direc- 
 tion o/t/ie Purchaser to a Trustee /or the separate 
 Use of the Purchaser's Wife. 
 
 THIS INDENTURE, made the 
 
 day of , Between 
 
 A. B., of, &c. {vendor), of the first part, C. D., of, &c., {pur- 
 chaser), of the second part, and E. F., of, &c. {trustee), of the 
 third part {Recite agreement for sale hy A. B. to C. D,, supra 
 p. 218) : And whereas the said C. D. has requested that the 
 said hereditaments shall be conveyed to the uses and upon the 
 
 {a) Covenants for title from the husband cannot he insisted on and if 
 the hushand declines to concur, the purchaser will have to dispense with 
 any covenants for title. 
 
 Digitized by Microsoft® 
 
PURCHASE DEEDS. 261 
 
 separate 
 use op thk 
 pukchaser's 
 
 WIFE. 
 
 trusts hereinafter declared concernino^ the same : NOW THIS conveyance 
 
 *-* TO TRUSTI^P- 
 
 INDENTURE WITNESSETH, that in pursuance of the said ^^ ™^« 
 
 agreement, and in consideration, &c. {the receipt, dc). The 
 
 SAID A. B., at the request and by the direction of the said 
 
 C. D., testified by his being a party to and executing these wtoeasmg 
 
 presents, doth hereby grant unto the said E. F. and his heirs, vendor 
 
 All, &c. {parcels, general words, and all the estate, dc.) : To '''"'^°^°' 
 
 HAVE AND TO HOLD the hereditaments and premises hereby 
 
 granted, or expressed so to be, unto the said E. F. and his heirs, 
 
 To SUCH USES as G. D., the wife of the said C. D., shall by any To such 
 
 uses 08 
 
 deed or deeds with or without power of revocation and new purchaser's 
 
 ^ ^ , wife shall 
 
 appointment, or by her will appoint, and in default of such appoint, 
 appointment and so far as any such appointment shall not fruitofap- 
 extend. To the use of the said E, F. and his heirs during the ?o'"ruste'e,' 
 joint lives of the said C. D. and G. D., In trust to pay the ?„';™i^™* 
 rents and profits of the said hereditaments and premises unto 2^3"^^°'°' 
 or permit the same to be received by the said G. D. and her {jg^'IJ"'*** 
 assigns, for her separate use, free from the control of her said ™^S* for 
 husband, and so that her receipt alone shall at all times be a'""'"''°° 
 sufSScient discharge for such rents and profits ; And from and 
 after the decease of such one of them the said C. D. and G. D. 
 as shall first die. To the use of the said G. D. her heirs and 
 assigns, for ever. {Usual covenants for title with the following 
 variation,— f of right to convey " to the uses and in manner 
 aforesaid," — " that the said hereditaments and premises, and 
 the rents and profits thereof, shall at all times hereafter be 
 peaceably and quietly possessed and enjoyed accordingly, with- 
 out," dc, — and for fwther assurance, " on the request of 
 the said E. F., his heirs or assigns, or of the said G. D., her 
 heirs or assigns, and at the cost of the said G. D., her heirs or 
 assigns, " to the uses and in manner aforesaid, as shall be 
 reasonably required") 
 In witness, &c. 
 
 Digitized by Microsoft® 
 
262 
 
 PUBCHASB DEEDS, 
 
 No. XXV. 
 
 BY 
 MOaTGAQOR 
 
 AND 
 MORTGAOEK. 
 
 Recite 
 mortgage. 
 
 Contract 
 for sale. 
 
 CONVEYANCE by a Moetgaqob and Mortgagee in 
 Fee, Part of the Purchase Monet heing paid to 
 the MoBTGAGEE in satisfaction of his Debt ; the Wife 
 of the Mortgagor joms to release her Dower (»). 
 
 Parties. THIS INDENTURE, made the 
 
 day of , Between 
 
 Sum due 
 upon mort- 
 gage, , 
 
 and agree- 
 ment for 
 payment of 
 same out of 
 purchase 
 money. 
 
 Witnessing 
 part. 
 
 Considera- 
 tion to 
 mortgagee 
 
 A. B., of, &c. (mortgagee), of the first part, C. D., of, &c. (vendor), 
 and E. D. his wife, of the second part, and G. H., of, &c., (pur- 
 chaser), of the third part : Whereas by an indenture dated 
 
 the day of , and made between the said C. D. of the 
 
 one part, and the said A. B. of the other part, the said C. D. in 
 consideration of the sum of ^2000 paid to him by the said A. B. 
 did grant the hereditaments intended to be hereby granted, with 
 their appurtenances, unto and to the use of the said A. B., his 
 heirs, and assigns, subject to a proviso therein contained for the 
 redemption of the said hereditaments on payment by the said 
 C D., his heirs, executors, or administrators, unto the said A. B.,^ 
 his executors, administrators or assigns, of the sum of £1000, 
 
 with interest thereon, on the day of then next : And 
 
 whereas the said C. D. hath agreed with the 'said G. H. for 
 the absolute sale to him of the hereditaments intended to be 
 hereby granted, and the inheritance thereof in fee simple in 
 possession, free from incumbrances, at the price of £3000 : And 
 whereas the said sum of £2000 is still due. on the security of 
 the hereinbefore recited indenture, but all interest for the same 
 has been paid up to the date of these presents : And whereas 
 upon the treaty for the said purchase, it was agreed that the 
 said sum of £2000 should be paid to the said A. B. out of the 
 said purchase-money: NOW THIS INDENTURE WIT- 
 NESSETH, that in pursuance of the said agreement, and in con- 
 sideration of the sum of £2000, on or before the execution of 
 
 (a) The deed rnugt be acknowledged by the wife, pursuant to the Fines 
 and Recoveriea Act, in order to bar her right to dower. (See 3 & 4 Wni 4 
 c. 74, ss. 77, 79.) ' ' 
 
 Where a wife, married before the Dower Act, joined with her husband by 
 an acknowledged deed in mortgaging his freehold estate to secure his debt, 
 it was held that the wife's right to dower was extinguished in equity as well 
 as at law, and therefore that she had no interest that would entitle her to 
 redeem. (Dawson v. Bank of Whitehaven, L. R. 6 C. D. 218.) 
 
 Digitized by Microsoft® 
 
MOaTGAGOR 
 
 AND 
 MOBTOAGEE. 
 
 PURCHASE DEEDS. 263 
 
 these presents to the said A. B. paid by the said G. H., by the cowveyamce 
 direction of the said C. D. (the receipt whereof the said A. B. 
 doth hereby acknowledge, and from the same doth hereby re- 
 lease, as well the said C. D., as also the said G. H.), and also in 
 consideration of the sum of £1000 to the said C. D. at the same and con- 
 time paid by the said G. H. (the payment and receipt in manner to vendor. 
 aforesaid of which said several sums of £2000 and £1000 (making 
 together the sum of £3000) he the said C, D. doth hereby ac- 
 knowledge, and from the same doth hereby release the said 
 G. H.), The said A. B., by the direction of the said C. D., doth conn-vancs 
 hereby grant, and the said C. D. doth hereby grant and confirm, gagor'anti 
 and the said E. D., for the purpose of releasing her dower, doth mortgagee, 
 hereby release unto the said G. H., and his heirs. All, &c. " ^"^ ^"' 
 {parcels, general words, and all the estate, dec): To have and Habendum 
 
 111- 1 • , T n to purchaser 
 
 TO HOLD the hereditaments and premises hereby granted and i" fee. 
 
 released, or expressed so to be, unto and to the use of the said 
 
 G. H., his heirs and assigns, for ever, absolutely discharged from 
 
 the said mortgage debt of £2000, and all interest for the same, 
 
 and all claims and demands on account thereof: And the said covenant \>y 
 
 mortgagee 
 
 A. B. doth hereby, for himself, his heirs, executors, and adminis- against in- 
 
 '^ ^ , , , . cunibrances, 
 
 trators, covenant with the said G. H., his heirs and assigns, 
 that he the said A. B. hath not at any time done, or knowingly 
 suffered, or been party or privy to any act, deed or thing whereby 
 he is prevented from granting the said hereditaments and 
 premises in manner aforesaid, or whereby the same or any part 
 thereof, are, is, or may be in any wise incumbered : And the covenant 
 SAID C. D. doth hereby, for himself, his heirs, executors, fo^™7it°to 
 and atlrainistrators covenant with the said G. H., his heirs "on™/, 
 and assigns, That notwithstanding any act, deed, or thing by 
 the said C. D., [or any of his ancestors,] (a) done or executed 
 or knowingly suffered to the contrary, the said A. B., and the 
 said C. D. and E. D. his wife respectively, now have good right 
 to grant and release the hereditaments and premises hereby 
 granted and released, or expressed so to be, unto and to the use 
 of the said G. H., his heirs and assigns, in manner aforesaid : 
 And that the said G. H., his heirs and assigns, shall and may for quiet 
 at all times hereafter peaceably and quietly possess and enjoy 
 the said hereditaments and premises, and receive the rents and 
 profits thereof without any lawful eviction, interruption, claim, 
 
 (ct) See note, sujyra, p. 219, 
 
 Digitized by Microsoft® 
 
2G4 
 
 PURCHASE DEEDS. 
 
 free from 
 incum- 
 brances, 
 
 and for 
 
 further 
 assiuance. 
 
 CONVEYANCE qj. (JemRnd whatsoever, from or by the said C. D., or the said E. D. 
 
 BY ' J i ' 
 
 ^°^l°^°°^ his wife, or any person or persons lawfully or equitably claiming 
 mobtoac.ee. {yoth, under, or in trust for them, or either of them, [or from or 
 under any of the ancestors of the said C. D.J : And that free 
 from all incumbrances whatsoever made or suffered by the said 
 C. D. [or any of his ancestors], or any person or persons lawfully 
 or equitably claiming as aforesaid : And fdrthee, that he the 
 said C. D. and E., his wife, and all other persons having, or lawfully 
 or equitably claiming any estate or interest in the said heredita- 
 ments and premises, or any of them, or any part thereof, from, 
 under, or in trust for them or either of them [or from or under 
 any of the ancestors of the said C D.] shall and will from 
 time to time, and at all times hereafter, at the request and cost 
 of the said G. H., his heirs or assigns, do and execute, or cause 
 to be done and executed, all such acts, deeds, things, and assur- 
 ances in the law whatsoever, for further and more perfectly 
 assuring the said hereditaments and premises, and every part 
 thereof, unto and to the use of the said G. H., his heirs and 
 assigns, in manner aforesaid, as shall or may be reasonably 
 required. 
 In witness, &c. 
 
 No. XXVI. 
 
 CONVEYANCE 
 BY DEVISEE 
 
 OF MORT- 
 OAQOB AND 
 MOHTOAGEE. 
 
 CONVEYANCE hy the Devisee of a Mortgagor and a 
 Mortgagee in Fee to a Purchaser (a). 
 
 Parties, 
 
 Recite wiU 
 of mortgagor 
 devising his 
 real estate. 
 
 THIS INDENTURE, made the 
 
 day of 
 
 Between 
 
 A. B., of, &c. (mortgagee), of the first part, C. D., of, &c. {devisee 
 of mortgagor), of the second part, and E. F., of, &c. (purchaser), 
 of the third part (Recite mortgage by G. E. to A. B.) : And 
 
 WHEREAS the said G. H. duly made his will, dated the day 
 
 of , 1860, and thereby devised all his real estate to the said 
 
 C. D., and bequeathed all his personal estate in the manner in 
 the said will mentioned, and appointed the said C. D. sole exe- 
 
 (a) In the present case as between the mortgaged estate and the other 
 property of the mortgagor, the mortgaged estate is the primary fund for 
 the payment of the debt. (See 17 & 18 Vict. c. 113 ; 30 & 31 Vict. c. 69 ) 
 
 Digitized by Microsoft® 
 
PURCHASE DEEDS. 265 
 
 BY DEVISEE 
 
 OF MORT- 
 OAGOB AND 
 MORTGAGEE, 
 
 cutor of his said will (Death of testator and probate of his will. '^^01™™'' 
 Contract for sale, sum due on mortgage, and agreement for 
 payment of same out of pwchase-money , supra, p. 262) : NOW 
 THIS INDENTURE WITNESSETH, that in pursuance of conswera- 
 the said agreements, and in consideration of the sum of £2000 "oiie^igee, 
 to the said A. B. paid hy the said E. F. on or before the execu- 
 tion of these presents, by the direction of the said C. D., the 
 receipt whereof the said A. B. doth hereby acknowledge, and 
 from the same doth hereby release as well the said C. D. as also 
 the said E.F., and in consideration of the sum of £1000 to the apf c"- . 
 
 ' Bldoration to 
 
 said C. D. at the same time paid by the said E. F., the payment vendor. 
 and receipt in manner aforesaid of which said several sums of 
 £2000 and £1000 (making together the sum of £3000) the said 
 C. D. doth hereby acknowledge, and from the same doth hereby 
 release the said E. F., the said A. B., by the direction of the conveyance' 
 said C. D., doth hereby grant, and the said C. D. doth hereby devisee of 
 
 ■^ ° •' mortgagor 
 
 grant unto the said E. F. and his heirs. All, &c. {parcels, ^^^^°^'^- 
 general words, and all the estate, dc.) : To have and to hold 
 the hereditaments and premises hereby granted, or expressed so to rurchasor 
 to be, unto and to the use of the said E. F., his heirs and 
 assigns, for ever, absolutely discharged from the said mortgage 
 debt of £2000, and all interest for the same, and all claims and 
 demands on account thereof [Covenant hy mortgagee against 
 incumbrances, suprh, p. 263 ). And the said C. D. doth covenant by 
 hereby, for himself, his heirs, executors, and administrators, 
 covenant with the said E. F., his heirs and assigns. That 
 notwithstanding any act, deed, or thing by the said C. D., 
 or the said G. H. deceased, done or executed, or knowingly suf- 
 fered to the contrary, the said A. B. and C. D. now have good for right to 
 right to grant the hereditaments and premises hereby granted, 
 or expressed so to be, unto and to the use of the said E. F., his 
 heirs and assiens, in manner aforesaid : And that the said For quiet 
 
 eiyoyment, 
 
 E. F., his heirs and assigns, shall at all times hereafter peaceably 
 and quietly possess and enjoy the said hereditaments and pre- 
 mises, and receive the rents and profits thereof, without any lawful 
 eviction, interruption, claim, or demand whatsoever from or by 
 the said 0. D., or any person or persons lawfully or equitably 
 claiming from, under, or in trust for him, or from or under the 
 said G. H., deceased : And that free from all incumbrances free from 
 whatsoever made or suffered by the said C. D. or the said G. H., brances, 
 deceased, or any person or persons lawfully or equitably claim- 
 ing as aforesaid : And further, that the said C. D., and all 
 
 Digitized by Microsoft® 
 
266 
 
 PURCHASE DEEDS. 
 
 and for 
 further 
 assurance. 
 
 CONVEYANCE persoHS haviug or lawfully or equitably claiming any estate or 
 qaoob°Sd interest in the said hereditaments and premises, or any part 
 MOETOAOEE. thereof, from under, or in trust for the said C. D., or from or 
 under the said G. H., deceased, shall and will from time to time, 
 and at all times hereafter, at the request and cost of the said 
 E. F., his heirs or assigns, do and execute, or cause to be done 
 and executed, all such acts, deeds, and things, for further and 
 more perfectly assuring the said hereditaments and premises 
 and every part thereof, unto and to the use of the said E. F., 
 his heirs and assigns, in manner aforesaid, as shall or may be 
 reasonably required. 
 In witness, &c. 
 
 No. XX^II. 
 
 CONVEYANCE 
 
 BY MORT- 
 GAGOR AND 
 
 BY MORT- 
 GAGKEB FOR 
 TERM WHO 
 ARE SATIS- 
 FIED WITH 
 REMAINING 
 SECURITY. 
 
 Parties. 
 
 Eecite 
 mortgage 
 for a teim. 
 
 Agreement 
 tor sale. 
 
 CONVEYANCE by a Mortgagor and Mortgagees for 
 a Term of Years to a Purchaser in Fee — the Mort- 
 gagees being Satisfied that their Remaining Secu- 
 rity is Sufficient. 
 
 THIS INDENTURE, made the 
 
 day of 
 
 Between 
 
 A. B. of, &c. (vendor and mortgagor), of the first part, C. D. of, 
 &c., and E. F. of, &c. (mortgagees), of the second part, and 
 G. H. of, &c. (purchaser), of the third part : Whereas by an 
 
 indenture dated the day of ^ , and made between the 
 
 said A. B. of the one part, and the said C. D. and E. F. of the 
 other part, the said A. B., in consideration, &c., did demise the 
 hereditaments intended to be hereby granted (with other here- 
 ditaments) unto the said C. D. and E. F., their executors, admi- 
 nistrators, and assigns for the term of one thousand years, 
 subject to a proviso therein contained for the cesser of the said 
 term upon payment by the said A. B., his heirs, executors 
 administrators, or assigns, unto the said C. D. and E. F., their 
 
 executors, administrators, or assigns, of the sum of £ , with 
 
 interest for the same, upon the day of , then next : 
 
 And whereas the said A. B. has agreed with the said G. H. 
 for the absolute sale to him of the hereditaments intended to 
 be hereby granted, and the inheritance thereof in fee simple iu 
 
 Digitized by Microsoft® 
 
PURCHASE DEEDS. 2G7 
 
 BY MORT- 
 OAOOR AND 
 
 BY MORT- 
 GAGEES FOB 
 TERM WHO 
 ARE SATIS- 
 FIED WITH 
 BEMAINIMO 
 SECURITY. 
 
 possession, free from incumbrances, at the price of : And '"'bTmom™ 
 
 WHEREAS the said 0. D. and E. F. being satisfied that their said 
 mortgage debt is otherwise sufficiently secured, have agreed to 
 join in these presents in the manner hereinafter expressed : 
 NOW THIS INDENTURE WITNESSETH, that in pursu- 
 ance of the said agreements, and in consideration of the sum of That mort- 
 
 £ to the said A. B. paid by the said G. H. on or before the fSed'of 
 
 execution of these presents {the receipt, dc), the said A. B. oframSg 
 doth hereby grant, and the said C. D. and E. F., at the request ^"J^^Jj^ 
 of the said A. B., and to the intent that the said term of one p'^- 
 thousand years created by the hereinbefore recited indenture, tionf' °™" 
 may, so far as regards the hereditaments intended to be hereby ^^"^"^ 
 granted, be merged and extinguished in the freeliold and in- "^ffi" 
 heritance of the same, do hereby surrender unto the said G. H. 1'*''°°'^ 
 his heirs and assigns, All (parcels, general words, and all the 
 estate, dc.) : To have and to hold the hereditaments and pre- ' 
 mises hereby granted and surrendered, or expressed so to be, 
 unto and to the use of the said G. H., his heirs and assigns, to purchaser 
 
 absolutely discharged from the said mortgage debt of £ > free from 
 
 and all claims and demands in respect thereof : And each of "eb?"^^ 
 them, the said C. D. and E. F., as to his own acts and deeds 
 only, doth hereby for himself, his heirs, executors, and covenants 
 administrators, covenant with the said G. H., his heirs and swea 
 
 ' ' against in- 
 
 assigns, That they the said covenanting persons respectively ou'nbrances. 
 have not at any time done, or knowingly suffered, or been party 
 or privy to any act, deed or thing whereby they are prevented 
 from surrendering the said hereditaments and premises in 
 manner aforesaid, or whereby the same hereditaments and pi'e- 
 mises, or any part thereof, are, is, can or may be incumbered : 
 And the said A. B. doth hereby for himself, his heirs, exe- covenants 
 cutors, and administrators, covenant with the said G. H., his vrndor! '^ 
 heirs and assigns, That notwithstanding any act, deed, or thing 
 by the said A. B. [or any of his ancestors] done, or executed, or 
 knowingly suffered to the contrary, the said A. B., C. D., and 
 E. F. respectively now have good right to grant and surrender 
 the hereditaments and premises hereby granted and surrendered, 
 or expressed so to be, unto and to the use of the said G. H., his 
 heirs and assigns, in manner aforesaid. And, &c. (Covenants 
 for quiet enjoyment, freedom from incumbrances, and for further 
 assurance ; see supra, pp. 265, 266.) 
 In witness, &c. 
 
 Digitized by Microsoft® 
 
268 PDECHASE DEEDS. 
 
 No. XXVIII. 
 
 CONVEYANCE 
 
 OF FREE- 
 holds and 
 
 covenant to 
 surrendeh 
 copyholds 
 
 BY MOLT- 
 
 CONVEYANCE of Freeholds and Covenant to Suk- 
 EENDER Copyholds hy a Mortgagok and Mort- 
 gagee to a Purchaser (a). 
 
 moe?gaceS. this indenture, made the day of , Between 
 
 Pai-tiea. C. D. of, &c. (mortgagee), of the first part, A. B. of, &c. 
 (vendor), of the second part, and E. F. of, &c. (pwchaser), of 
 
 denture'of ^^^ third part : Whereas by an indenture dated the day 
 
 freohokis"^ of , and made between the said A. B. of the one part, and 
 
 the said C. D. of the other part, the said A. B., in consideration, 
 &c., did grant the freehold hereditaments intended to be hereby 
 granted, with their appurtenances unto and to the use of the 
 said C. D., his heirs and assigns, subject to a proviso therein 
 contained for the redemption of the said hereditaments upon 
 payment by the said A. B., his heirs, executors, administrators, 
 or assigns, unto the said C. D., his executors, administrators, or 
 .assigns, of the sum of £1000, with interest for the same, on the 
 
 day of , then next ; and by the same indenture the 
 
 said A. B. did covenant to surrender the copyhold hereditaments 
 hereinafter described, to the use of the said C. D., his heirs and 
 assigns, subject to a condition corresponding to the proviso for 
 redemption therein contained as to the said freehold heredita- 
 mm-Sr of '^^'its as aforesaid : And whereas in pursuance of the covenant 
 copyholds. [^ ^i^at behalf contained in the hereinbefore recited indenture, 
 
 the said copyhold hereditaments were on or about the day 
 
 of surrendered out of court by the said A. B. to the use of 
 
 the said C. D., his heirs and assigns, according to the custom of 
 
 the manor of , of which the same are h olden, subject to a 
 
 condition for making void the said surrender upon 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 £1000, with interest for the same, on the said 
 day of then next ; And WHEREAS, &c. (Recite con- 
 tract for sale hy A.B. to E. F.,for £2000, — that said principal 
 
 (a) Simultaneously with the execution of this deed, the mortgagee should 
 sign a warrant to the steward of the manor to enter up satisfaction of tlie 
 conditional surrender on the rolls of the manor. For a precedent of such 
 Warrant, see injrd. 
 
 Digitized by Microsoft® 
 
PURCHASE DEEDS. 269 
 
 CONVEYANCK 
 
 OF FREE- 
 HOLDS AND 
 COVENANT TO 
 SURRENDER 
 COPYHOLD-i 
 BY MORT- 
 QAOOR AND 
 MOKTGAOEE. 
 
 sum of £1000 is still due, suprd, p. 262) : And whereas it 
 has been agreed that the said sum of £1000 shall be paid to the 
 said C. D. out of the said purchase-money, and that the said 
 C. D. shall join in these presents in the manner hereinafter 
 expressed, and that immediately after the execution of these 
 presents, satisfaction of the hereinbefore recited conditional tofs™"'" 
 surrender shall be entered up on the rolls of the said manor ihatmort- 
 (Apportionment of purchase-money, supra, p. 255): NOW " "wing, 
 THIS INDENTURE WITNESSETH, that in pursuance, &c. iTZ^' 
 {Grcmt of freeholds as in testatum of Precedent No. XXV. ffiibepaid 
 suprcb, p. 263) : AND THIS INDENTURE ALSO WIT- P^ehase- 
 NESSETH, that in further pursuance of the said agreement, "i^*^' 
 and for the consideration aforesaid, the said A. B. with the *°****""'- 
 privity of the said C. D. (testified by his being a party to and freeiioias. 
 executing these presents), doth hereby, &c. {Covenant to su/r- testatum. 
 render copyholds, see suprd, p. 230, adding as follows), abso- ^°™"^"**° 
 lutely discharged from the hereinbefore recited conditional '^opyhoua. 
 surrender, and the said principal money and interest thereby 
 secured, and all claims and demands in respect thereof : And covenant by 
 
 . , mortgagee 
 
 THE SAID C. D. doth hereby for himself, his heirs, executors, against in- 
 administrators, and assigns, covenant with the said E. F,, his 
 heirs and assigns, that he, the said C. D., hath not at any time 
 done, or knowingly suffered or been party or privy to any act, 
 deed, or thing whereby he is prevented from granting and sur- 
 rendering the said freehold and copyhold hereditaments and 
 premises in manner aforesaid, or whereby the same or any part 
 thereof are, is, can, or may be incumbered : And the said covenants 
 A. B. doth hereby for himself, his heirs, executors, and adminis- vendor, 
 trators, covenant with the said E. F., his heirs and assigns. That 
 notwithstanding any act, deed, or thing by the said A. B. [or 
 any of his ancestors] done or executed, or knowingly suffered to 
 the contrary, the said C. D. and A. B. respectively now have 
 good right to grant the freehold hereditaments and premises 
 hereby granted, or expressed so to be, and the said A. B. now 
 has good right to surrender the copyhold hereditaments and 
 premises hereby covenanted to be surrendered, or expressed so 
 to be, unto and to the use of the said E. F., his heirs and 
 assigns, in manner respectively aforesaid : And that, &c. (Cove- 
 nants for quiet enjoyment, free from incumbrances, and for 
 further assurance, suprd, pp. 251, 252, substituting "E. F., for 
 C. D." throughout). 
 In witness, &c. 
 
 Digitized by Microsoft® 
 
270 
 
 rUBCHASE DEEDS. 
 
 No. XXIX. 
 
 ASSIGNMENT 
 PF LEASE- 
 HOLDS BY 
 
 MORTGlOOB 
 AND 
 
 MORTGAGEE. 
 
 Parties. 
 
 Becite 
 indentures 
 of lease and 
 mortgage. 
 
 Agreement 
 for sale. 
 
 Sum still 
 due on 
 mortgage. 
 
 Arrange- 
 ment that 
 debt shall 
 be paid out 
 of purchase- 
 money. 
 
 Vendor 
 assigns and 
 mortgagee 
 surrenders 
 premises. 
 
 ASSIGNMENT of Leaseholds hy Mortgagor and 
 Mortgagee hy Subdemise, the, Mortgage Debt 
 leing paid out of the Purchase Money. 
 
 THIS INDENTUKE, made, &c., Between A. B..of, &c. (vendor 
 and mortgagor), of the first part, C. D. of, &c. (mortgagee), of 
 the second part, and G. H. of, &c. (purchaser), of the thii;d part: 
 Whereas by an indenture of lease (here recite lease to A. B. 
 
 for ninety-nine years, at the yearly rent of £ , and si/Jjject 
 
 to building covenants ; also mortgage by A. B. of the leasehold 
 premises to C. D. for residue of term wanting ten days, to secure 
 £500 and interest) : And whereas, the said A. B. hath agreed 
 with the said G. H. for the sale to him of the premises com- 
 prised in, and now subject to, the said recited indenture of 
 lease, for the unexpired residue of the said term of 99 years 
 therein, at the price of £1000; And whereas the sum of 
 £500 is still due on the security of the said recited indenture 
 of mortgage, but all interest for the same has been paid up to 
 the date of these presents : And whereas, upon the treaty for 
 the said purchase it was agreed that the said mortgage debt 
 of £500 should be paid out of the said purchase -money, or 
 sum of £1000 : NOW THIS INDENTURE WITNESSETH, 
 that in pursuance of the aforesaid agreement, and in con- 
 sideration, &c. (considerations to mortgagee and vendor, suprd, 
 p. 262). The said A. B. doth hereby assign, and the said C. D. 
 at the request of the said A. B., and to the intent that the said 
 derivative term created by the said recited indenture of mort- 
 gage be merged and extinguished in the said term of 99 years 
 created by the said recited indenture of lease as aforesaid, doth 
 hereby surrender unto the said G. H., his executors, adminis- 
 trators, and assigns, All and singular the piece and parcel 
 of land and premises comprised in and demised by the said 
 recited indenture of lease, and the messuage and other build- 
 ings which have been erected on the said piece and parcel of 
 land since the date of the same indenture of lease: And 
 all the estate, right, title, interest, claim and demand what- 
 soever, of the said A. B. and C. D. respectively, in to and 
 
 Digitized by Microsoft® 
 
PURCHASE DEEDS. 271 
 
 OF LEASE- 
 HOLDS EV 
 
 MORTGAGOR 
 AND 
 
 MORTGAGEE. 
 
 upon the said premises, and every part thereof: To have *^|'leasf^ 
 AND TO HOLD, the premises hereby assigned and surrendered, 
 or expressed so to be, unto the said G. H., his executors, 
 administrators, and assigns, for all the residue now unexpired to hci<i to 
 of the said term of 99 years, subject to the rent reserved fo"r'^re'siduc 
 by the said recited indenture of lease, and the covenants and°o^™"'"^ 
 conditions in the same indenture contained, and which hence- term shau 
 forth on the part of the lessee, his executors, administrators, and ™'^T' 
 
 ^ ' ' ' . Subject to 
 
 assigns ought to be observed and performed, but absolutely dis- ?«"' an'i 
 charged from the said mortgage debt of £500, and all interest covenants. 
 for the same, and all claims and demands on account thereof : 
 And the said C D. doth hereby for himself, his heirs, executors, covenant by 
 and administrators covenant with the said G. H., his executors, against in- 
 
 1 • . I'm /-^ Tx 1 1 cumbrauces. 
 
 administrators, and assigns, IHAT THE SAID (J. D. hath not at 
 any time done, or knowingly suffered, or been party or privy to 
 any act, deed, or thing whereby he is prevented from assigning 
 and surrendering the said premises in manner aforesaid, or 
 whereby the same or any part thereof, are, is, or may be in any 
 wise incumbered : And the said A. B. doth hereby for him- covenant by 
 self, his heirs, executors, and administrators covenant with the 
 said G. H., his executors, administrators, and assigns, That that lease 
 notwithstanding any act, deed, or thing by the said A. B. done 
 or executed, or knowingly suffered to the contrary, the said re- 
 cited indenture of lease is now a good and effectual lease in the 
 law of the premises hereby assigned and sun-endered, or ex- 
 pressed so to be, and that the rent, covenants, and conditions thatrentand 
 by and in the same indenture reserved and contained, have on hlv6°toen 
 the lessee's part been duly paid, observed, and performed up peJfomed. 
 to the date of these presents : And that notwithstanding any 
 such act, deed, or thing as aforesaid, the said A. B. and C. D. ^"^^f*'" 
 respectively now have good right to assign and surrender the 
 premises hereby assigned and surrendered, or expressed so to be, 
 unto the said G. H., his executors, administrators, and assigns, 
 for the residue of the said term of 99 years, in manner afore- 
 said : And that the said G. H., his executors, administrators, ^'"■.^"'^*j^j 
 and assigns, shall and may at all times hereafter during the 
 said term of 99 years peaceably and quietly possess and enjoy 
 the said premises, and receive the rents and profits thereof 
 without any lawful eviction, interruption, claim or demand 
 whatsoever from or by the said A. B., or any person or persons 
 lawfully or equitably claiming from, under, or in trust for him : 
 And that free from all incumbrances whatsoever made or 
 
 Digitized by Microsoft® 
 
272 
 
 PURCHASE DEEDS. 
 
 OF LEASE- 
 HOLDS BY 
 
 MORTQAGOR 
 AND 
 
 MOBTQAGEE. 
 
 free from 
 
 incum- 
 
 lirances, 
 
 and for 
 further 
 assurance. 
 
 ASSIGNMENT suffei'ed by the said A. B., or any person or persons lawfully or 
 
 OF LEASE- '^ ' J r L •/ ^ 
 
 equitably claiming as aforesaid : And further, that the said 
 A. B., and all other persons having or lawfully or equitably 
 claiming any estate or interest in the said premises, or any 
 of them, or any part thereof, from, under, or in trust for him, 
 shall and will from time to time and at all times hereafter 
 during the said term of 99 years, at the -request and cost 
 of the said G. H., his executors, administrators, and assigns 
 do and execute, or cause to be done and executed, all such 
 acts, deeds, things, and assurances in the law whatsoever, for 
 further and more perfectly assuring the said premises, and 
 every part thereof, unto the said G. H., his executors, adminis- 
 trators, and assigns, for the unexpired residue of the said term 
 of 99 years in manner aforesaid, as shall or may be reasonably 
 required {Covenants by G. H. with A. B. for payment of rent 
 and observance of lessee's covenants, and for indemnifying vendor 
 from same, supra, pp. 235, 236). 
 In witness, &c. 
 
 No. XXX. 
 
 coNVEYANOE CONVEYANCE by a Mortgagee under a Power of Sale. 
 
 BY '^ ■' 
 
 THIS INDENTURE, made the day of ■ , Between 
 
 MORTGAGEE 
 UNDER 
 POWER. 
 
 Parties. 
 
 Recite 
 mortgage 
 to vendor. 
 
 Power of 
 sale in 
 mortgagee. 
 
 - A. B. of, &c. (vendor), of the one part, and C. D. of, &c. (pur- 
 chaser), of the other part : Whereas by an indenture dated the 
 
 day of , and made between G. H. of the one part, 
 
 and the said A. B. of the other part, the said G. H. in considera- 
 tion, &c., did grant the hereditaments intended to be hereby 
 granted, with their appurtenances, unto and to the use of the said 
 A. B., his heirs and assigns, subject to a proviso therein contained 
 for the redemption of the said hereditaments on payment by the 
 said G. H., his heirs, executors, or administrators, unto the said 
 A. B., his executors, administrators, or assigns, of the sum of 
 £2000, with interest thereon, after the rate of £4 10s. per 
 cent, per annum, on the day of ; And by the in- 
 denture now in recital it was declared that it should be lawful 
 for the said A, B., his executors, administrators, or assigns, at 
 
 Digitized by Microsoft® 
 
MORTGAGEE 
 UNDER 
 POWER. 
 
 PURCHASE DEEDS. 273 
 
 any time or times without any further consent on the part of ™»^|^*^ce 
 the said G. H., his heirs or assigns, to sell the said heredita- 
 ments, or any part or parts thereof, either together or in lots, 
 and either by public auction or by private contract, subject to 
 any conditions as to title or otherwise, as the said A. B., his 
 executors, administrators, or assigns, should think fit, with 
 power for the said A. B., his executors, administrators, or 
 assigns, to execute assurances and give effectual receipts for the 
 purchase-money, and do all other acts and things necessary or 
 expedient for completing such sale : And whereas pursuant to contract 
 the said power for this purpose contained in the said indenture, 
 the said A. B. hath agreed with the said C. D. for the absolute 
 sale to him of the hereditaments intended to be hereby granted, 
 and the inheritance thereof in fee simple in possession, free from 
 incumbrances, at the price of £ : NOW THIS INDEN- Grant by 
 
 Taortsaeee 
 
 TURE WITNESSETH, that for effectuating the said sale, and to pur- 
 
 , . . chaser. 
 
 m consideration, &c. (the receipt, dc), the said A. B. doth 
 hereby grant, &c. {Grant of freeholds by A. B. to C. D. in fee, 
 suprd, p. 218) : And the said A. B. doth hereby for himself, gj™ft£'*'' 
 his heirs, executors, and administrators, covenant with the 
 said C. D., his heirs and assigns, that he, the said A. B., hath 
 not at any time done, or knowingly suflfered, or been party or 
 privy to any act, deed, or thing, whereby he is prevented from 
 granting the said hereditaments and premises in manner afore- 
 said, or whereby the same or any part thereof are, is, or may be 
 in anywise incumbered. 
 In witness, &c. 
 
 Digitized by Microsoft® 
 
274 
 
 PURCHASE DEEDS. 
 
 No. XXXI. 
 
 BV 
 EXECUTOR 
 AND HEIR 
 OF TRANS- 
 FEREE OF 
 MORTGAGE 
 UNDER 
 POWER. 
 
 Parties. 
 
 Recite 
 mortgage 
 with power 
 of sale. 
 
 CONVEYANCE hy the Executor and Heir {a) of de- 
 ceased Transferee of a Mortgage under a Power 
 of Sale in a Mortgage. 
 
 THIS INDENTURE, made the day of , Between 
 
 C. D. of, &c. {heir of transferee of mortgage), of the first 
 part, A. B. of, &c. {executor of transferee), of the second 
 part, and E. F. of, &c. {purchaser), of the third part {Recite 
 mortgage to G. H. for £1000, with power to G. H., his 
 executors, administrators, or assigns, to sell in case of de- 
 
 Transfer of 
 mortgage. 
 
 faidt, and declaration that the power might be exercised by 
 any person entitled to give a discharge for mortgage money :) 
 
 And whereas by an indenture dated the day of , 
 
 indorsed on the hereinbefore recited indenture, and made 
 between the said G. H. of the one part, and J. K. of, &c., of 
 the other part, the said G. H. in consideration of the sum of 
 £1000 paid to him by the said J. K., did assign the principal 
 sum of £1000 secured by the hereinbefore recited indenture, 
 and the interest thenceforth to become due for the same, unto 
 the said J. K., his executors, administrators, and assigns abso- 
 hitely, and did grant the hereditaments comprised in the 
 hereinbefore recited indenture unto and to the use of the said 
 J. K., his heirs and assigns, subject to such right or equity of 
 redemption as was then subsisting in the said premises : And 
 
 whereas the said J. K. died on the day of , having 
 
 duly made his will, dated the day of , whereby he 
 
 appointed the said A. B. the sole executor thereof, who shortly 
 
 afterwards duly proved the same in the district registry at , 
 
 attached to the Probate Division of the High Court of Justice : 
 contatoed ^^^ WHEREAS the Said wiU Contained no devise of estates 
 moJSe °^ vested in the said J. K. as mortgagee, and he died intestate as 
 estates. ^q gyg]^ estates, leaving the said C. D. his heir at law : And 
 
 Death ot 
 transferee 
 and his will 
 appointing 
 vendor to be 
 executor. 
 
 (a) It is apprehended tliat sec. 4 of the Vendor and Purchaser Act, 1874, 
 does not apply when a sale is made under the power of sale, so as to enable 
 the personal representative to convey the legal estate, unless it clearly 
 appears on the face ot the conveyance that the purchase money wiU be stilJi- 
 cient to pay oflf the whole mortgage debt, and the personal representative 
 admits that by the sale and conveyance all sums secured by the mortgage 
 are paid. 
 
 Digitized by Microsoft® 
 
PUUCHASB DEEDS. 275 
 
 or TRANS- 
 FEREE OP 
 MORTGAGE 
 UNDER 
 POWER. 
 
 WHEREAS part of the said principal sum of £1000 still remains ^^ 
 
 EXECU1 ui. 
 
 due to the said A. B., as the executor of the said J. K., upon . ■"" ^'="' 
 
 ' Jr or TRANS- 
 
 the security of the said indenture of mortgage : And whekeas, 
 in exercise of the power for this purpose contained in the said 
 indenture of mortgage as aforesaid, the said A. B. has agreed, That mort- 
 &c. {agreement by A. B. for sale to E. F.) : And whereas the fs^uaSf 
 said C. D., at the request of the said A. B., has asfi-eed to ioin Agreement 
 
 l_ <> 1 p • ° , , '' for Bale by 
 
 in these presents tor the purpose of conveying the legal estate executor. 
 in the said hereditaments which has devolved upon him as the h^'j^rced 
 heir at law of the said J. K. : NOW THIS INDENTURE '".f ^- . 
 
 Witnessing 
 
 WITNESSETH, that for effectuating the said sale, and in con- part. 
 
 sideration of the sum of £ to the said A. B. paid by the 
 
 said E. F., &c. (the receipt, dtc.), the said C. D., at the request Heir grants, 
 
 •lAT-.Tii 1 11-1 and executor 
 
 of the said A. B., doth hereby grant, and the said A. B. doth oominns 
 
 pBrccis to 
 
 hereby grant and confirm unto the said E. F., &c. {Grant of free- fnri-haser 
 holds to E. F. in fee, sii/pr&,j). 218): And each of them the said covenants 
 A. B. and C. D., as to his own acts and deeds only, doth hereby gage^ 
 covenant with the said E. F., his heirs and assigns, that they Sbrance!!. 
 the said A. B. and C. D. respectively have not at any time done 
 or executed, or knowingly suffered or been party or privy to 
 any act, deed, or thing whereby they respectively are prevented 
 from granting the said hereditaments and premises in manner 
 aforesaid, or whereby the same or any part thereof, are, is, can, 
 or may be in anywise incumbered. 
 In witness, &c. 
 
 No. XXXII. 
 
 CONVEYANCE of an Estate subject to a Mortgage ^,''^l^=;';f 
 Debt, which the Pubchaser undertakes to Pat off. 
 
 MORTGAGE 
 DEBT. 
 
 THIS INDENTURE, made the day of , Between ^^^<^- 
 
 A. B., of, &c, {vendor), of the one part, and C. D. of, &c. {pur- denture of 
 chaser), of the other part {Recite indenture of mortgage /o^'pXcip'ai 
 securing £700 and interest) : And whebeas the said principal ^°^^y ^™ 
 sum of £700 remains due and owing on the security of the 
 hereinbefore recited indenture, but all interest for the same 
 has been paid up to the date of these presents : And 
 
 1 'A 
 
 Digitized by Microsoft® 
 
276 
 
 PUECHASE DEEDS. 
 
 CONVEYANCE 
 
 aL'RIECT TO 
 
 MORTGAGE 
 
 DEBT. 
 
 Contract for 
 sale subject 
 to mortgage 
 debt. 
 
 Witneasing 
 part. 
 
 Considera- 
 tion. 
 
 Vendor 
 grants 
 parcels 
 
 to purchaser 
 subject to 
 mortgage 
 debt and 
 interest. 
 
 Covenants 
 by vendor 
 
 for n'ght to 
 convey. 
 
 for quiet 
 enjoyment, 
 
 free frr m 
 incum- 
 brances. 
 
 and for 
 further 
 assurance, 
 
 WHEREAS the said A. B. hath agreed with the said C. D. for 
 the absolute sale to him of the hereditaments intended to he 
 hereby granted, and the inheritance thereof in fee simple in 
 possession (subject to the said principal sum of £700 and the 
 interest henceforth to become due for the same), at the price 
 
 of £ : NOW THIS INDENTURE WITNESSETH, that 
 
 in pursuance of the said agreement, and in consideration of 
 
 the sum of-£ to the said A. B. paid by the said C. D. 
 
 on or before the execution of these presents (the receipt 
 whereof, dc), The said A. B. doth hereby grant unto the said 
 C. D., his heirs and assigns. All, &c. (Jiere describe parcels, 
 general words, and all the estate, dc) : To have and to 
 HOLD the hereditaments and premises hereby granted, or 
 expressed so to be (subject nevertheless to the said indenture 
 of mortgage, and the said sum of £700 thereby secured, and all 
 interest henceforth to become due in respect of the same), unto 
 and to the use of the said C. D., his heirs and assigns for ever : 
 -And the said A. B. doth hereby for himself, his heirs, exe- 
 cutors, and administrators, covenant with the said ' C D., 
 his heirs and assigns, Tha.T notwithstanding any act, deed, or 
 thing by the said A. B. [or any of his ancestors] done or exe- 
 cuted or knowingly suffered to the contrary, he the said A. B. 
 now hath good right to grant the hereditaments and premises 
 hereby granted, or expressed so to be, unto and to the use of 
 the said C. D., his heirs and assigns, subject to the said mort- 
 gage and in manner aforesaid : And that the said C. D., his 
 heirs and assigns, shall and may at all times hereafter peace- 
 ably and quietly possess and enjoy the said hereditaments and 
 premises and receive the rents and profits thereof without any 
 lawful eviction, interruption, claim, or demand whatsoever, from 
 or by the said A. B., or any person lawfully or equitably claiming 
 from, under, or in trust for him [or from or under any of his 
 ancestors], (except in respect of the said mortgage) : And THAT 
 free from all incumbrances made, occasioned or suffered by the 
 said A. B. [or any of his ancestors], or any person or persons 
 lawfully or equitably claiming as aforesaid (except the said 
 mortgage) : And further, that he the said A. B., and all 
 persons having, or lawfully or equitably claiming any estate or 
 interest in the said hereditaments and premises, or an}' part 
 thereof, from, under, or in trust for the said A. B. [or from or 
 under any of his ancestors], shall and will, at the request and 
 cost of the said C. D., his heira or assigns, do and execute or 
 
 Digitized by Microsoft® 
 
PUECHASE DEEDS." 277 
 
 CONVEYANCE 
 
 SUBJECT TO 
 
 MORTGAGE 
 
 DEBT. 
 
 cause to be done and executed, all such acts, deeds, and things 
 for further and more perfectly assuring the said hereditaments 
 and premises, and every part thereof, unto and to the use of the 
 said C D., his heirs and assigns, subject as aforesaid, as shall or 
 may be reasonably required : And the said C. D. doth hereby covenant by 
 for himself, his heirs, executors, administrators, and assigns, topay*^*"^ 
 covenant with the said A. B., his executors and administrators, debt, and 
 that he the said C D., his heirs, executors, administrators, or the vendor 
 assigns, will pay the said principal sum of £ , and all in- 
 terest henceforth to become due thereon, and will at all times 
 hereafter keep indemnified the said A. B., his heirs, executors, 
 and administrators, from and against the payment of the said 
 sum of £700 and the interest thereof, and every part thereof 
 respectively, and from and against all actions, claims, and 
 demands for or on account of the. same, or in anywise relating 
 thereto. 
 
 In witness, &c. 
 
 XXXIII. 
 CONVEYANCE of the Equity of Redemption in Feee- conveyance 
 
 •^ OF EQI.iITY 
 
 HOLDS to a Mortgagee as Purchaser. of redemp- 
 
 tion TU 
 
 MORTOAOEE. 
 
 Parties. 
 
 THIS INDENT trRE, made the day of , Between 
 
 A. B. of, &c. {mortgagor and vendor), of the one part, and C. D, 
 of, &c. {purchaser), of the other part {Recite mortgage of free- Reci^ ^ 
 holds to C. D. to sectors the sum of £500, and interest, and 
 that principal is still due) : And whereas the said A. B. hath ^|^™™' 
 agreed with the said C. D. for the absolute sale to him of the 
 hereditaments intended to be hereby granted, and the inherit- 
 ance thereof in fee simple in possession, free from incumbrances, 
 at the price of £1000, and it has been agreed that the said ^^ that^ 
 mortgage debt of £500 shall be retained by the said C. D. out debt ta^ ^^^ 
 of the said purchase-money: NOW THIS INDENTURE ^Wase- 
 WITNESSETH, that in pursuance of the said agreement, and witnessing 
 in consideration of the sum of £500 retained by him the said 
 C. D. in full satisfaction of the principal sum of £500 so as 
 aforesaid remaining due and owing to him upon the said mort- 
 gage security (and which last-mentioned sum the said C. D. 
 
 Digitized by Microsoft® 
 
278 
 
 PUUCHASE DEEDS. 
 
 CONVEYANCE 
 OF EQUITY 
 OP REDEMP- 
 TION TO 
 
 doth hereby declare to be fully satisfied accordingly, and from 
 the same doth hereby release the said A. B., and also in con- 
 MOBTOAOEF. gideration of the sum of £500 to the said A. B. paid by the said 
 C. D. immediately before the execution of these presents (the 
 receipt of which last-mentioned sum of £500, making with the 
 said sum of £500, retained as aforesaid, the said purchase- 
 money of £1000, the said A. B. doth hereby acknowledge, and 
 from the same doth hereby release the said C. D.), he the said 
 A. B. doth hereby grant, &c. {Conveyance by A. B. to C. D. in 
 fee, with usual covenants for title, supra, p. 218). 
 In witness, &c. 
 
 Considera 
 tion. 
 
 Grant to 
 purchaser 
 in fee. 
 
 No. XXXIV. 
 
 CONVEYANCE 
 ET MORT- 
 GAGOR AND 
 MORTGAGEE, 
 THE MORT- 
 GAGE DEBT 
 BEING KEPT 
 ON FOOT. 
 
 Agreement 
 that mort- 
 gage debt 
 and securi- 
 ties should 
 be vested 
 in a trustee 
 for pur- 
 chaser. 
 
 CONVEYANCE hy a Vendor and his Mortgagee to a 
 Trustee for the Purchaser, the Mortgage Debt 
 ieing kept on foot as a protection against Mesne In- 
 cumbrances (a). 
 
 THIS INDENTURE, made, &c., Between A. B. of, &c. {mort- 
 gagee), of the first part, C. D., of, &c. {mortgagor and vendor), 
 of the second part, E. F. of, &c. {purchaser), of the third part, 
 and G. H. of, &c. {trustee), of the fourth part {recite mortgage 
 in fee by C. D. to A. B. to secure £500 and interest, — agree- 
 ment by G. D. for sale of the hereditaments to E. F., free from 
 incumbrances, for £1000 — and that principal sum remains 
 due) : And whereas upon the treaty for the said purchase it 
 was agreed that the said mortgage debt of £500 should be paid 
 by the said E. F. to the said A. B. out of the said purchase- 
 money, and that the said mortgage debt, and the securities for 
 the same, should be assigned and conveyed to a trustee for the 
 benefit of the said E. F. as hereinafter mentioned : NOW THIS 
 INDENTURE WITNESSETH, that in pursuance of the 
 aforesaid agreement in this behalf, and in consideration, &c. 
 {£600 paid to A. B. and £500 to C. D., the receipt, dc), The 
 said A. B. at the request of the said C. D., and on the nomi- 
 nation of the said E. F., doth hereby assign unto the gaid G. H., 
 
 (a) See Adams v. Angell, L. K. 5 C. D. 634. 
 
 Digitized by Microsoft® 
 
PURCHASE DEEDS. 279 
 
 securities 
 trustfe 
 trust for 
 laser. 
 
 liis executors, administrators, and assigns {Assignment of mart- ™'7i,oht-'' 
 gage debt and the securities, infra, " Transfer of Mortgage of "ootgaoee 
 Freeholds"): To have, hold, receive, and take the said 110^""°^^' 
 mortgage debt and premises hereby assigned, or expressed ^Islo^ 
 so to be, unto the said G. H., his executors, administrators. Assignment 
 and assigns, Upon trust to assign and dispose of the same as Sew"^'' 
 the said E. F., his heirs and assigns, shall from time to time to 
 direct, and in the meantime to permit and suffer the same to p"urcll; 
 wait upon and attend the freehold and inheritance of the here- 
 ditaments hereinafter granted, or expressed so to be, and to 
 protect the same from all mesne incumbrances, if such there 
 be : AND THIS INDENTURE ALSO WITNESSETH, that 
 in pursuance of the aforesaid agreement in this behalf, and for »t parcels 
 the considerations aforesaid, he the said A. B., at such request 
 and on such nomination as aforesaid, doth hereby grant, and 
 the said C. D. doth hereby grant and confirm unto the said 
 G. H., his heirs and assigns. All, &c. (parcels, general words, 
 and all the estate, dc.) : To have and to hold the heredita- *° '™^''=^ 
 ments and premises hereby granted, or expressed so to be, unto 
 and to the use of the said G. H., his heirs and assigns. Upon in trust for 
 TRUST in the first place for better securing the said principal niorS"|e 
 money, interest, and premises hereinbefore assigned to the said interest, 
 G. H., his executors, administrators, and assigns, and subject 
 thereto, In trust for the said E. F., his heirs and assigns, and ai><J, subject 
 
 " . thereto, in 
 
 to be conveyed and disposed of as the said E. F., his heirs and trust for 
 
 ^ A purchaser 
 
 assigns, shall from time to time direct : And the said A B. 
 doth hereby for himself, his heirs, executors, and adminis- 
 trators, covenant with the said G. H., his heirs, executors, 
 administrators, and assigns, that he the said A. B. hath not at 
 any time done or executed, or knowingly suffered or been party 
 or privy to any act, deed, or thing, whereby he is prevented 
 from assigning and granting the said premises hereinbefore 
 respectively assigned and granted by him in manner afore- 
 said, or whereby the same or any part thereof, are, is, can, or 
 may be in anywise incumbered. (Covena/nts by C. D. with 
 G. H. that the said A. B. and C. D. now have right to convey, 
 for quiet enjoyment, freedom from incumbrances, and for further 
 assurance, supra, pp. 263, 264, mutatis mutandis.) 
 In witness, &c. 
 
 Digitized by Microsoft® 
 
230 
 
 PURCHASE DEEDS. 
 
 No. XXXV. 
 
 01'' FREE- 
 HOLDS BY 
 TWO 
 TENANTS IN 
 COMUON. 
 
 CONVEYANCE of Freeholds hy Two Tenants tn 
 Common. 
 
 Parties. 
 
 Considera- 
 tion. 
 
 One of 
 vendors 
 as to one 
 moiety, 
 
 and other 
 vendor as 
 to other 
 moiety, 
 
 grant 
 parcels 
 
 to purchaser 
 in fee. 
 
 Covenants 
 "by each 
 vendor as 
 to one 
 moiety of 
 heredita^ 
 ments. 
 
 For right 
 to grant. 
 
 THIS INDENTURE, made the day of , Between 
 
 A. B. of, &c. {the owner of one moiety), of the first part, C. D. 
 of, &c. {the owner of the other moiety), of the second part, and 
 E. F. of, &c. (purchaser), of the third part : {Recite will of 
 X. Y., devising the property to his two sons, A. B. and C. D., 
 their heirs and assigns, in equal shares as tenants in common, — 
 the death of X. Y., and probate of his will:) And whereas 
 the said A. B. and C. D. have agreed, &c, {agreement for sale, 
 see supra, p. 218 : NOW THIS INDENTURE WIT- 
 NESSETH, that in pursuance of the said agreement, and in 
 
 consideration of the sum of £ to the said A. B. and C D. 
 
 paid by the said E. F. on or before the execution of these 
 presents (the receipt whereof they the said A. B. and C. D. do 
 hereby acknowledge, and from the same do hereby release the 
 said E. F.), The said A. B. (as to one moiety of and in the 
 hereditaments intended to be hereby granted). And the said 
 C. D. (as to the other moiety of and in the said hereditaments) 
 do respectively hereby grant unto the said E. F., and his heirs, 
 ALL, &c. {parcels, general words, and all the estate, d;c., see 
 supra, p. 214) : To have and to hold the hereditaments and 
 premises hereby granted, or expressed so to be, unto and to the 
 use of the said E. IT., his heirs and assigns for ever : And the 
 SAID A. B. (as to one undivided moiety of and in the heredita- 
 ments and premises hereby granted, or expressed so to be, but 
 not further or otherwise), And the said C. D. (as to the other 
 undivided moiety of and in the said hereditaments and pre- 
 mises, but not further or otherwise), do hereby respectively 
 covenant with the said E. F., his heirs and assigns, That not- 
 withstanding any act, deed, or thing by the said A. B. and C. D. 
 respectively, or by the said testator X. Y., done or executed, or 
 knowingly suffered to the contrary, they the said A. B. and 
 0. D. respectively now have good right to grant the same here- 
 ditaments and premises unto and to the use of the said E. F., 
 his heirs and assigns, in manner aforesaid : And that the 
 said E. F., his heirs and assigns, shall and may at all times 
 
 Digitized by Microsoft® 
 
PURCHASE DEEDS. 281 
 
 OF FREE- 
 HOLDS BY 
 
 TWO 
 
 TENANTS IN 
 
 COMMON. 
 
 hereafter peaceably and quietly possess and enjoy the same 
 hereditaments and premises, and receive the rents and profits 
 thereof, without any lawful eviction, interruption, claim or 
 demand whatsoever from or by them the said A. B. and C. D. f°iuj!°'|„t 
 respectively, or any person or persons lawfully or equitably 
 claiming from, under, or in trust for them, or from or under the 
 said testator, X. Y. : And that free from all incumbrances Free from 
 
 incum- 
 
 whatsoever made or suffered by the said A. B. and C. D. trances, 
 respectively, or by the said testator X. Y., or any person or 
 persons lawfully or equitably claiming as aforesaid : And ^^^°l 
 FUETHER that they the said A. B. and C. D. respectively, and aasuiauce. 
 all persons having or lawfully or equitably claiming any estate 
 or interest in the said hereditaments and premises, or any part 
 thereof, from, under, or in trust for the said A. B. and C. D. 
 respectively, or from or under the said testator X. Y., shall and 
 will from time to time, and at all times hereafter, at the request 
 and cost of the said E. F., his heirs or assigns, do and execute, 
 or cause to be done and executed, all such acts, deeds, and 
 things whatsoever for further and more perfectly assuring the 
 said hereditaments and premises, and every part thereof, unto 
 and to the use of the said E. F., his heirs and assigns, in manner 
 aforesaid, as shall or may be reasonably required. 
 In witness, &c. 
 
 OF FKEE- 
 HOLDS BY 
 TENANTS IN 
 
 COMMON, 
 TWO BEING 
 
 No. XXXVI. 
 
 CONVEYANCE of Freeholds by Three Tenants in 
 Common (Two of them being Married Women). 
 
 THIS INDENTURE, made, &c., Between A. B. of, &c., ^°Z^ 
 (owner of one third), of the first part, C. D. of, &c., and E. his ^°"'^" 
 wife {E. being owner of one other third), of the second part, G. H. 
 of, &c. and I. his wife (7. being owner of the remaining third), 
 of the third part, and L. M. of, &c. {purchaser), of the fourth 
 part : {Recite will of X. Y, devising the property to his three 
 sisters A. B., E., and I., their heirs and assigns, in equal 
 shares as tenants in common, death of X. Y., and probate 
 of his will) : And whereas the said E. intermarried with J*»™f "' 
 the said C, D. on the day of , and the said I. j£te£of 
 
 Digitized by Microsoft® 
 
282 
 
 PURCHASE DEEDS. 
 
 OF FREE- 
 HOLDS BY 
 
 TENANTS tK 
 COMMON, 
 
 TWO BEING 
 MARRIED 
 WOMEN. 
 
 Agreement 
 for sale. 
 
 Witnessing 
 part. 
 
 Considera- 
 tion. 
 
 Conveyance 
 l)y the three 
 tenants in 
 common 
 and the 
 husbands 
 of the two 
 sisters. 
 
 To pur- 
 chaser in 
 
 Covenant 
 by one 
 tenant in 
 common as 
 to his one- 
 third, and 
 by the hus- 
 bands of the 
 two sisters 
 as to the 
 respective 
 shares of 
 tlieir wives. 
 
 intermarried with the said G. H. on the 
 
 _day of 
 
 For right 
 to grant. 
 
 For quiet 
 eiyoyment. 
 
 And whereas the said A. B., C. D. and E. his wife, and G. H. 
 and I. his wife, have agreed, &c. {agreement for sale, see supra, 
 p. 218) : NOW THIS INDENTURE WITNESSETH that, 
 in pursuance of the aforesaid agreement, and in consideration of 
 
 the sum of £ to the said A. B., 0. D. and E. his wife, and 
 
 G. H. and I. his wife, paid by the said L. M. on or before the 
 execution of these presents (the receipt, dc). The said A. B. (as 
 to one undivided third part or share of and in the heredita- 
 ments intended to be hereby granted). And the said C. D. and 
 E. his wife (as to one other undivided third part or share of 
 and in the same hereditaments), And the said G. H. and I. his 
 wife (as to the remaining one undivided third part or share of 
 and in the same hereditaments), do and every of them doth 
 hereby grant unto the said L. M. and his heirs. All, &c. 
 (pa/reels, general words, and all the estate, dc.) : To have and 
 TO HOLD the hereditaments and premises hereby granted, or 
 expressed so to be, unto and to the use of the said L. M., his 
 heirs and assigns, for ever : And the said A. B. (as to one un- 
 divided third part or share of and in the hereditaments and 
 premises hereby granted, or expressed so to be, but not further 
 or otherwise), and the said C. P. (as to one other undivided 
 third part or share of and in the same hereditaments, but not 
 further or otherwise), and the said G. H. (as to the remaining 
 one undivided third part or share of and in the same heredita- 
 ments, but not further or otherwise), do hereby respectively for 
 themselves and for their respective heirs, executors, and adminis- 
 trators covenant with the said L. M., his heirs and assigns. 
 That notwithstanding any act, deed, or thing by the said A. B. 
 and C. D. and E. his wife, and G. H. and I. his wife respectively 
 or by the said testator X. Y. done or executed or knowingly 
 suffered to the contrary, they the said A. B., and C. D. and E. 
 his wife, and G. H. and I. his wife respectively now have good 
 right to grant the hereditaments and premises hereby granted 
 or expressed so to be, unto and to the use of the said L. M., 
 his heirs and assigns, in manner aforesaid : And THAT the said 
 L. M., his heirs and assigns, shall and may at all times here- 
 after peaceably and quietly possess and enjoy the said heredita- 
 ments and premises, and receive the rents and profits thereof, 
 without any lawful eviction, interruption, claim, or demand 
 whatsoever, from or by them the said A. B. and C. D. and E. 
 his wife, and G. H. and I. his wife respectively, or any person or 
 
 Digitized by Microsoft® 
 
PUBCHASE DEEDS. 283 
 
 OF FREF- 
 
 HOLD3 UV 
 
 TENANTS IN 
 
 COMMON, 
 
 assurance. 
 
 peri3ons lawfully or equitably claiming from, under, or in trust 
 for them respectively, or from or under the said* testator X. Y. : 
 And that free from all incumbrances whatsoever made, oc- ™^lf^l° 
 casioned, or suffered by the said A. B. and C. D. and E. his wife, _!!f"f'' • 
 and G. H. and I. his wife respectively, or by the said testator ^^^^°^'^ 
 X. Y. or any person or persons lawfully or equitably claiming *'"""^«s- 
 as aforesaid : And further that they the said A. B. and C. D. For further 
 and E. his wife, and G. H. and I. his wife respectively, and all 
 persons whosoever having or lawfully or equitably claiming any 
 estate or interest in the said hereditaments and premises, or 
 any part thereof, from, under, or in trust for the said A. B. and 
 C. D. and E. his wife, and G. H. and I. his wife respectively, 
 or from or under the said testator X. Y., shall and will from 
 time to time and at all times hereafter, at the request and cost 
 of the said L. M., his heirs or assigns, do and execute, or cause 
 to be done and executed, all such acts, deeds, and things what- 
 soever for further and more perfectly assuring the said heredita- 
 ments and premises, and every part thereof, unto and to the use 
 of the said L. M., his heirs and assigns, in manner aforesaid as 
 shall or may be reasonably required. 
 In witness, &c. 
 
 No. XXXVII. 
 
 CONVEYANCE of Freeholds by several Tenants in ^H^^^^'- 
 Common, the Share of one having been assured upon "'^™™'"' 
 Trust /or Sale and being now Conveyed pursuant °^^^^J^ 
 to this Trust. 
 
 CONVEYED 
 IN TRUST 
 FOR SALE. 
 
 THIS INDENTURE, made the day of , Between 
 
 A. B. of, &c. {owner of two undivided fourth parts of the here- 
 ditaments), of the first part, C. D. of, &c. (owner of one other 
 undivided fourth part), of the second part, E. F. of, &c. and 
 G. H. of, &c. {trustee for sale of the remaining one undivided 
 fourth part), of the third part, and I. K, of, &c. {purchaser), of 
 the fourth part: Wrereas X. Y, late of, &c. deceased, dulyRf^"^^^ 
 made his will, dated, &c., and thereby, after making certain r^^^-n 
 
 Digitized by Microsoft® 
 
284 
 
 PUKCHASE DEEDS. 
 
 BY 
 
 TENANTS 
 IN COMMON 
 
 WHERE 
 ONE SHARE 
 HAS BEEN 
 CONVEYED 
 IN TRDST 
 FOR SALE. 
 
 As to two- 
 fourths for 
 son. 
 
 As to one- 
 fourth for 
 another son, 
 
 and as to 
 remaining 
 fourth for 
 another son 
 who has 
 died. 
 
 Heredita- 
 ments to he 
 
 conveyed 
 
 form part ■ i j. j. j. 
 
 of residuary Said teStatOr 
 
 his real and personal estate to E. F. and G 
 
 Agreement 
 for sale. 
 
 Witnessing 
 part. 
 
 Parties 
 of the 1st, 
 2nd and 
 Srd parts 
 convey 
 parcels 
 
 wlvi^^ specific devises and bequests, he devised and beqiieatlied all the 
 residue of his rSal and personal estate and effects as follows ; as 
 to two undivided fourth parts or shares thereof unto his son the 
 said A. B., his heirs, executors, administrators, and assigns, and 
 as to one other undivided fourth part or share thereof unto his 
 son the said C. D., his heirs, executors, administrators, and 
 assigns, and as to the remaining one undivided fourth part or 
 share thereof unto his son L. M. (since deceased), his heirs, 
 executors, administrators and assigns, and the said testator 
 appointed his sons the said A. B. and C. D. executors of his said 
 will : And whereas, &c. {Recite death of testator and probate 
 of his will) : And whereas the hereditaments intended to be 
 hereby granted form part of the residuary real estate of the 
 And whereas {Recite will oj L. M., giving all 
 
 H. upon trust for 
 and with power of giving receipts — death of L. M. and 
 probate of his will) : And whereas the said A. B. and C. D. as 
 to three undivided fourth parts or shares of and in the heredita- 
 ments intended to be hereby granted, and the said E. F. and 
 G. H. as to the remaining one undivided fourth part or share of 
 and in the same hereditaments, and in exercise of the trust for 
 this purpose contained in the said will of the said L. M., de- 
 ceased, have respectively agreed with the said I. K. for the sale 
 to him of the said hereditaments, and the inheritance thereof in 
 fee simple in possession, free from incumbrances, at the price of 
 £ : NOW THIS INDENTURE WITNESSETH that, in pur- 
 suance of the aforesaid agreement in this behalf, and in considera- 
 tion of the sum of £ (being two fourth parts of the said 
 
 purchase-money of £ ) to the said A. B., the sum of £ 
 
 (being one fourth part of the said purchase-money) to the said 
 
 C. D., and the sum of £ (being the remaining one fourth 
 
 part of the said purchase-money) to the said E. F. and G. H. 
 respectively paid by the said I. K. on or before the execution of 
 these presents (the receipt of which several sums respectively 
 the said A. B. and C. D., and the said E. F. and G. H., do hereby 
 respectively acknowledge, and from the same do hereby respec- 
 tively release the said I. K.) The said A. B. (as to two undivided 
 fourth parts or shares of and in the hereditaments hereinafter 
 described) and the said C. D. (as to one other undivided fourth 
 part or share of and in the same hereditaments), and the said 
 E. F. and G. H. as to the remaining one undivided fourth part 
 or share of and in the same hereditaments, do hereby respec- 
 
 Digitized by Microsoft® 
 
PURCHASE DEEDS. 285 
 
 BY SEVERAL, 
 
 TENANTS 
 IN COMMON, 
 
 WHERE 
 ONE SHARE 
 HAS BEEN 
 CONVEYED 
 IN TRUST 
 FOR SALE. 
 
 tively grant unto the said I. K. and his heirs, All, &c. {parcels, 
 general words, and all the estate, die.). To have and to hold 
 the hereditaments and premises hereby granted, or expressed so 
 to be, unto and to the use of the said I. K., his heirs and 
 assigns, for ever : And the said A. B., as to the two undivided 
 fourth parts or shares hereby expressed to be granted by him of ^ ^e"*"*""' 
 and in the same hereditaments, but not further or otherwise, covenants 
 And the said C. D., as to the one undivided fourth part or share as to two- 
 
 111* f 1 • -i ■! fourths, 
 
 hereby expressed to be granted by him of and in the said and by 
 
 !• 1 ? 1 1-111 another son 
 
 hereditaments, but not further or otherwise, do hereby re- ^ to one- 
 
 . . , . fourth. 
 
 spectively for themselves, and for their respective heirs, exe- 
 cutors, and administrators, covenant with the said I. K., his 
 heirs and assigns, That notwithstanding any act, deed, or J^^J^fJ'/^ 
 thing by them the said A. B. and C. D. respectively, or by fourths. 
 the said X, Y., deceased, done or executed, or knowingly 
 suffered to the contrary, they the said A. B. and C. D. re- 
 spectively now have good right to grant the said undivided 
 parts or shares of and in the said hereditaments unto and 
 to the use of the said I. K., his heirs and assigns, in manner 
 aforesaid, And that the said I. K., his heirs and assigns. For quiet 
 
 111-1 enjoyment, 
 
 shall and may at all times hereafter peaceably and quietly pos- 
 sess and enjoy the same parts or shares and receive the rents 
 and profits thereof without any lawful eviction, interruption, 
 claim or demand whatsoever, from or by the said A. B. and 
 C. D. respectively, or any person or persons lawfully or equitably 
 claiming from, under, or in trust for them respectively, or from 
 or under the said X. Y., deceased : And that free from all in- free from 
 cumbrances made or suffered by them the said A. B. and C. D. I'nmccs, 
 respectively, or by the said X. Y., deceased, or by any person 
 or persons lawfully or equitably claiming as aforesaid : And ana for 
 FUBTHER that they the said A. B. and C. D. respectively, and assurance. 
 all persons having or lawfully or equitably claiming any estate 
 or interest in the said undivided parts or shares from, under, or 
 in trust for them respectively, or from or under the said X. Y., 
 deceased, shall and will from time to time, and at all times 
 hereafter, at the request and cost of the said I. K., his heirs or 
 assigns, do and execute, or cause to be done and executed, all 
 such acts, deeds, and things whatsoever for further and more 
 perfectly assuring the same undivided parts or shares unto and 
 to the use of the said I. K., his heirs and assigns, in manner 
 aforesaid, as shall or may be reasonably required : And each of tyYmltes 
 them the said E. F. and G. H., so far as relates only to his own SbrlicM. 
 
 Digitized by Microsoft® 
 
286 
 
 PURCHASE DEEDS. 
 
 BY SEVERAL 
 
 TENANTS 
 
 IN COMMON 
 
 WHERE 
 ONE SHARE 
 HAS BEEN 
 CONVEYED 
 IN TRUST 
 FOR SALE. 
 
 acts and deeds, doth hereby covenant with the said I. K., his 
 heirs and assigns, that, they the said covenanting parties respec- 
 tively have not at any time done, or knowingly suffered or been 
 party or privy to any act, deed, or thing whereby they are 
 prevented from granting the undivided part or share hereby 
 expressed to be granted by them of and in the said heredita- 
 ments, or whereby the same or any part thereof, are, is, can, or 
 may be incumbered. 
 In witness, &c. 
 
 No. XXXVIII. 
 
 CONVEYANCE 
 BY TENANTS 
 IN COMMON, 
 
 ONE OF 
 THEM BEING 
 AN INFANT. 
 
 Agreement 
 for sale by 
 tenants in 
 common. 
 
 Infancy of 
 one of the 
 tenants in 
 common, 
 and arrange- 
 ment as to 
 his share. 
 
 ■Witnessing 
 part. 
 
 CONVEYANCE by Tenants in Common. Covenants 
 by the Father of one of the Vendors, who is an 
 Infant, that he shall join on his attaining Twenty- 
 one, and Declaration of Trust as to his Share in 
 the jpwrchase-money. 
 
 THIS INDENTURE, made, &c.. Between A. B. of, &c. (owner 
 of one moiety), of the first part, C. D. of, &c. [the infant owner 
 of other moiety), of the second part, E. E. of, &c. {father of the 
 infant), of the third part, G. H. of, &c. (trustee), of the fourth 
 part, and L. M. of, &c. {purchaser), of the fifth part {Recite will 
 pfX. Y. devising the property to A. B. and C. D. as tenants in 
 common, — agreement for sale by A. B. and C. D. to L. M.) : 
 And whereas, inasmuch as the said C. D. is under the age of 
 twenty-one years, the said E. F. hath consented to enter into 
 ■ such covenants as are hereinafter contained, for securing the 
 conveyance by the said C. D. on his attaining the said age, or in 
 the event of his decease under that age for securing the convey- 
 ance by his heir of the undivided share of the said C. D. in the 
 said hereditaments to such uses as are hereinafter expressed, and 
 
 it hath also been arranged that the sum of £ , being the 
 
 share of the said C. D. in the said purchase-money, shall be 
 held by the said G. H. upon the trusts hereinafter expressed : 
 NOW THIS INDENTURE WITNESSETH, that in pursuance 
 of the aforesaid agreement in this behalf, and in considera- 
 tion of the sum of £ by the said L. M.. paid to the said 
 
 A. B. on or before the execution of these presents, the receipt of 
 which sum of £ he the said A. B. doth hereby acknowledge, 
 
 Digitized by Microsoft® 
 
PURCHASE DEEDS. 287 
 
 &c., and also in consideration of the sum of £ by the said ^^ tekasts 
 
 •'IN COMMON, 
 
 L. M. at the same time placed in the hands of the said G. H. to ""^ °^ 
 
 ^ THEM BEING 
 
 be held by him on the trusts hereinafter mentioned, the receipt ^^ infast. 
 
 of which last-mentioned sum of £ the said G. H. doth 
 
 hereby acknowledge, &c., they the said A. B. and C. D. (accord- 
 ing to their several estates and interests in the hereditaments 
 intended to be hereby granted), do, and each of them doth 
 hereby grant unto the said L. M., his heirs and assigns, All, &c. °™W 
 (parcels, general words, and all the estate, dc.) : To have and oommon 
 TO HOLD the hereditaments and premises hereby granted, or chMer] 
 expressed so to be, unto and to the use of the said L. M., his 
 heirs and assigns, for ever : And the said A. B., as to one ^"^^Jof^ 
 undivided moiety of the hereditaments hereby granted, but not 
 further or otherwise, and the said C. D., as to the other undi- 
 vided moiety of the said hereditaments, but not further or 
 otherwise, do hereby for themselves respectively, and for their 
 respective heirs, executors, and administrators, covenant with the 
 said L. M., his heirs and assigns, That notwithstanding any act, 
 deed, or thing by the said A. B. and C. D. respectively, or by the 
 said testator X. Y., done or executed, or knowingly suffered to the 
 contrary, they the said A. B. and C. D. respectively now have a 
 good right to grant the hereditaments and premises hereby for light to 
 granted, or expressed so to be, unto and to the use of the said 
 L. M., his heirs and assigns, in manner aforesaid : And that Quiet 
 
 , . . enjoyment, 
 
 the said L. M., his heirs and assigns, shall and may at all times 
 hereafter, peaceably and quietly possess and enjoy the said 
 hereditanients and premises, and receive the rents and profits 
 thereof, without any lawful eviction, interruption, claim or 
 demand from or by them the said A. B. and C. D. respectively, 
 or any person or persons lawfully or equitably claiming from, 
 under, or in trust for them respectively, or from or under the 
 said testator X. Y. : And that free from all incumbrances freedom 
 
 from mcum. 
 
 whatsoever made, occasioned, or suffered by the said A. B. and trances, 
 C. D. respectively, or by the said testator X. Y., or any person 
 or persons lawfully or equitably claiming as aforesaid: And and for 
 FURTHEE, that they the said A. B. and C. D. respectively, and assurance. 
 all persons having or lawfully or equitably claiming any estate 
 or interest in the said hereditaments and premises, or any part 
 thereof, from, under, or in trust for them respectively, or from or 
 under the said testator X. Y., shall and will, &c. (Covenant for 
 further assurance, supra, p. 219); And the said E. F. doth gj^^^^'' "' 
 hereby for himself, his heirs, executors, and administrators, ™™u™'s 
 
 Digitized by Microsoft® 
 
288 PURCHASE DKEDS. 
 
 BY TENANTS 
 
 IN COMMON, 
 
 ONE OF 
 
 THEM BEING 
 AN INFANT. 
 
 covenant with the said L. M., his heirs and assigns, that the 
 said 0. D. shall execute these presents within one calendar 
 month next after he shall have attained the age of twenty-one 
 that infant years, or in the event of the death of the said 0. D. before he 
 
 snail jom on •/ ' 
 
 hi^mSty ^^^^^ hsLVB attained that age, then that his heir shall, within one 
 
 calendar month next after the decease of the said C. D., or the 
 
 attainment by such heir of the age of twenty-one years (which 
 
 shall last happen), convey the said undivided moiety of the said 
 
 C. D. of and in the said hereditaments and premises, and the 
 
 inheritance thereof in fee simple, unto and to the use of the said 
 
 L. M., his heirs and assigns, in manner aforesaid, and Shall enter 
 
 into proper covenants for title and for quiet enjoyment, freedom 
 
 and that from incumbrances, and further assurance as to the same : And 
 
 shall have that in the meantime the said L. M., his heirs and assigns, shall, 
 
 session in from the date of these presents, have quiet and uninterrupted 
 
 the mean- , .,. „, •li^-r-v 
 
 time. possession of the said moiety of the said C. D., and shall receive 
 
 the rents and profits thereof, for his and their absolute use and 
 
 benefit, without any interruption, claim or demand from or by 
 
 the said C. D., or any person lawfully claiming under him or on 
 
 Declaration his behalf : And it is hereby declared that the said G. H., 
 
 to infant's his executors and administrators, shall at once invest the said 
 
 share in a/» ii'i*ti»i 
 
 purchase- sum of £ SO placed in his hands in the £3 per Cent. Con- 
 
 solidated Bank Annuities, and shall accumulate the dividends 
 thereof during the infancy of the said C. D., and subject thereto 
 the said trust monies, and the dividends thereof shall go as 
 follows, that is to say : If the said C. D., or his heir, shall 
 comply with the covenants of the said E. F. hereinbefore con- 
 tained. Then in trust for the said C. D. or his heir absolutely : 
 But if the said C. D. or his heir shall neglect or refuse to 
 comply with the said covenant. Then in trust for the said 
 L. M. absolutely. 
 In witness, .&c. 
 
 money 
 
 No. XXXIX. 
 
 MOIETY GRANT of Undivided Moiety in Freeholds by one 
 
 TO TENANT Tenant in Common to his Co-Tenant. 
 
 OF OTHER 
 MOIETY. 
 
 Pai'ties. 
 
 THIS INDENTURE, made, &c., Between A. B., of, &c. 
 (vendor), of the one part, and C. D., of &c. (purchaser), of the 
 other part (Recite conveyance to A. B. and C. D., their heirs 
 
 Digitized by Microsoft® 
 
PURCHASE DEBDS. 289 
 
 and assigns, as tenants in common) : And whereas the said °' °^ 
 A. B. hath agreed with the said C. D. for the absolute sale to ^/^^^ 
 him of the moiety of the said A. B. of and in the hereditaments ""o"™^-" 
 hereinafter described, and their appurtenances, and the inheri- bfoT'°' 
 tance thereof in fee simple in possession, free from incum- £"40 
 
 brances, at the price of £ : NOW THIS INDENTURE ouLi" ""^ 
 
 WITNESSETH, that in pursuance of the aforesaid agreement consider^. 
 
 and in consideration of the sum of £ to the said A. B. paid """^ 
 
 by the said C. D. on or before the execution of these presents 
 {the receipt, do.), The said A. B. doth hereby grant unto the said ^'^^^ 
 C. D. and his heirs, All that the one undivided moiety of the T"*' 
 said A. B. of and in (pwrcels, general words, and all the estate, '"""""■ 
 dc.) : To HAVE AND TO HOLD the moiety and premises hereby 
 gi-anted, or expressed so to be, unto and to the use of the said 
 C. D., his heirs and assigns for ever (Covenants for title hy A.B., 
 suprd,^^ pp. 219, 220, substituting the words "moiety and pre- 
 mises," for "hereditaments and premises," throughout). 
 In witness, &c. 
 
 No. XL. 
 CONVEYANCE of Freeholds by Joint-Tenants. conveyance 
 
 BY JOINT- 
 
 THIS INDENTURE, made the day of , Between """^' 
 
 A. B. of, &c., and C. D. of &c. (vendors), of the one part, and r^^j^^ '^^^ 
 E. F. of, &c. (purchaser), of the other part : Whereas by an vSrea^ 
 indenture dated, &c., and made between, &c., the hereditaments in'Jie!*"^"' 
 hereinafter described and intended to be hereby assured, and 
 
 the appurtenances were granted by unto and to the use 
 
 of the said A. B. and C. D., their heirs and assigns, as joint-tenants 
 and not as tenants in common (Recite conveyance for sale) : 
 NOW THIS INDENTURE WITNESSETH, that in pursu- 
 ance of the said agreement, and in consideration of the sum of ^™'''«™- 
 
 £ to the said A. B. and C. D. now paid by the said E. F., 
 
 the receipt whereof the said A. B. and C. D. do hereby ac- 
 knowledge, and from the same do hereby release the said E. F., ^""J"" 
 They the said A. B. and C. D. do hereby grant unto the said parcels, 
 E. F. his heirs and assigns All, &c. (Parcels, general tvords,) ^ g^"'™" 
 
 VOL. I. u 
 
 Digitized by Microsoft® 
 
290 
 
 PURCHASE DEEDS. 
 
 CONVEYAKCE 
 . BY JOINT- 
 TENANTS. 
 
 Covenants 
 by vendors 
 
 for right to 
 convey. 
 
 for quiet 
 enjoyment. 
 
 free from 
 incum- 
 brances. 
 
 and for 
 further 
 assurance. 
 
 And all the estate, right, title, interest, claim, and demand 
 whatsoever, of the said A. B. and C. D. and each of them, in, 
 to, out of, and upon the premises : To HAVE and to hold the 
 hereditaments and premises hereby granted or expressed so 
 to be, unto and to the use of the said E. F., his heirs and 
 assigns for ever : And each of them the said A. B. and CD., 
 so far as relates to the acts, deeds, and defaults of himself, and 
 of his heirs, executors, and administrators, doth hereby for him- 
 self, his heirs, executors, and administrators, covenant with the 
 said E. F. his heirs and assigns : That notwithstanding any- 
 thing by them the said A. B. and C. D., done or executed, or 
 knowingly suffered to the contrary, they the said A. B. and 
 C. D. now have good right to grant the hereditaments and pre- 
 mises hereby granted or expressed so to be to the use of the 
 said E. F., his heirs and assigns in manner afoi'esaid : And 
 THAT the said E. F. his heirs and assigns shall and may at all 
 times hereafter peaceably and quietly possess and enjoy the said 
 hereditaments and premises, and receive the rents and profits 
 thereof, without any lawful eviction, interruption, claim, or 
 demand by the said A. B. and C. D., or either of them, or any 
 person or persons lawfully or equitably claiming from under 
 or in trust for them or either of them. And that free from all 
 incumbrances whatsoever made or suffered by the said A. B. 
 and C. D. or either of them, or any person or persons lawfully 
 or equitably claiming as aforesaid : And further that they the 
 said A. B. and C. D'. respectively, and their respective heirs, and 
 all persons having or lawfully or equitably claiming any estate 
 or interest in the said hereditaments and premises, or any part 
 thereof from under or in trust for them the said A. B. and C. D., 
 or either of them, shall and will from time to time, and at all 
 times hereafter at the request and cost of the said E. F., his 
 heirs or assigns, do and execute, or cause to be done and exe- 
 cuted, all such acts, deeds, and things for further and more 
 perfectly assuring the said hereditaments and premises to the 
 use of the said E. F., his heirs and assigns in manner aforesaid, 
 as shall or may be reasonably required. 
 In witness, &c. 
 
 Digitized by Microsoft® 
 
PDKCHASE DEEDS. 291 
 
 No. XLI. 
 ASSIGNMENT by the Owners of Two Third Parts of assignment 
 
 ^ •^ •'OF REVER- 
 
 momes to arise from sale of Freehold Heredit- ^'""-"^^ 
 
 ■' •' SHARE IN 
 
 AMENTS which are impressed with a Trust for Sale '"'^gf ™'' °' 
 
 after the death of the tenant for life — the Owner of 
 
 the remaining third part being the Purchaser, 
 and ELECTING to take the entirety as Real Estate. 
 
 THIS INDENTURE, made the day of , Between Parties. 
 
 A. B. of, &c. (owner of one third pa/rt of reversionary proceeds), 
 of the first part, C. D. of, &c. (owner of one other third part 
 of said reversionary proceeds), of the second part, and E. F., 
 of, &c. (purchaser) of the third part (Recite will of X. Y. 
 ivhereby he devised (here set out parcels as in will) unto G. H. 
 for his life, amd after his decease to trustees, their heirs and 
 assigns, upon trust to sell the same, and to stand 'possessed of 
 proceeds of sale in trust for all the children of X. Y. who 
 should be living at his decease, and should attain the age of 
 twenty-one years, in equal shares, — Death of X, Y., and pro- 
 bate of his will) : And whereas there were issue of the said That there 
 X. Y. living at his decease five children and no more, viz., the chudrenof 
 said A. B., C. D., and E. F., all of whom have attained the age attained 
 
 *• 1 11 '11 11.* twenty-one. 
 
 of twenty-one years, and two other children, who died under 
 
 that age : And whereas the said A. B. and C. D. have agreed Agreement 
 
 ° • . o fur sale of 
 
 with the said E. F. for the sale to him of the two third parts or two-thirds 
 
 shares of them the said A. B. and C. D. respectively of and in 
 
 the monies to arise from the sale of the hereditaments so 
 
 devised by the said will as aforesaid, free from incumbrances, 
 
 at the price of £ : NOW THIS INDENTURE WIT- witnessing 
 
 part 
 
 NESSETH, that in pursuance of the aforesaid agreement, and 
 
 in consideration of the sum of £ to the said A B. and considera- 
 tion. 
 
 C. D. in equal shares paid by the said E. F. on or before the 
 execution of these presents (the receipt, <f c). The said A. B. (as The owners 
 to his one third part or share of and in the monies hereinafter thirds 
 mentioned) and the said C. D. (as to his one third part or share 
 of and in the same monies) do respectively hereby assign unto 
 the said E. F., his executors, administrators, and assigns, All '^s's" 
 those the two several third parts or shares of them the said (^'^^'^"^8 
 A, B. and C. D. respectively, of and in the monies to arise from of monies to 
 
 V 2 
 
 Digitized by Microsoft® 
 
292 
 
 PURCHASE DEEDS. 
 
 ASSIGNMENT 
 
 OF REVEE- 
 
 SIONARY 
 
 SHARE IN 
 
 PK0CEED3 OF 
 
 SALE. 
 
 arise from 
 sale, 
 
 to owner of 
 remaining 
 o)ie-tbird 
 absolutely. 
 
 Declaration 
 by pur- 
 obaser that 
 her^dita- 
 ments shall 
 be held 
 discharged 
 from tiust 
 for sale. 
 
 Covenants 
 by vendors 
 respectively, 
 
 for right to 
 assign 
 
 free from 
 incum- 
 brances. 
 
 and for 
 further 
 assurance. 
 
 the sale of the hereditaments so devised by the said recited will, 
 upou trust for the sale thereof after the decease of the said 
 G. H. as aforesaid : And all the estate and interest of the said 
 A. B. and C. D. respectively, in the parts or shares hereby 
 assigned, or expressed so to be : To HAVE AND TO HOLD the 
 parts and shares and premises hereby assigned, or expressed 
 so to be, unto the said E. F., his executors, administrators, and 
 assigns: Ajstd IT is HEREBY expressly declared by the said 
 E. F. that the said hereditaments so devised by the said recited 
 ■will of the said X. Y. as aforesaid shall henceforth (subject 
 nevertheless to the said life interest of the said G. H. therein) 
 be held and enjoyed by the said E. F., his heirs and assigns, 
 as real estate absolutely discharged from the trust contained in 
 the said will for the sale thereof after the decease of the said 
 G. H. as aforesaid (a) : And the said A.. B. (as to one third 
 part or share of and in the monies to arise from such sale as 
 aforesaid, but not further or otherwise), and the said C. D. (as 
 to one other third part or share of and in the said monies, but 
 not further or otherwise), do hereby for themselves respectively, 
 and for their respective heirs, executors, and administrators, 
 covenant with the said E. F., his executors, administrators, and 
 assigns, That notwithstanding anything done or knowingly suf- 
 fered by them respectively to the contrary, they the said A. B. 
 and C. D. respectively now have good right to assign the parts 
 or shares and premises hereby assigned, or expressed so to be, 
 unto the said E. F., his executors, administrators, and assigns, 
 in manner aforesaid : And THAT free from incumbrances ; And 
 ALSO that they the said A. B. and C. D. respectively, and all 
 persons having or lawfully claiming any interest in the said parts 
 or shares and premises under or in trust for them respectively, 
 shall and will at all times hereafter, at the request and cost of 
 the said E. F., his heirs and assigns, do and execute, or cause 
 to be done and executed, all such acts, deeds, and things, for 
 further and more effectually assuring the said parts or shares 
 and premises unto the said E. F., his executors, administrators, 
 and assigns, as shall or may be required. 
 In witness, &c. 
 
 (a) After the execution of this assurance E. F. will enjoy the property, 
 discharged from the trust for sale, as real estate, so that the legacy duty 
 which would otherwise have been payable upon the sale monies will 
 become an immediate charge upon the land itself, and must therefore be 
 paid off before the estate can be sold to a future purchaser free from in- 
 cumbrances. The duty in such a case must be paid upon a sum represent- 
 ing the actual value of the property. 
 
 Digitized by Microsoft® 
 
PURCHASE DEEDS. 293 
 
 No. XLII. 
 
 CONVEYANCE by Surviving Coparcener and her conveyanm 
 Mortgagee and the Devisees in common of a ^m^mrll' 
 Deceased Coparcener to a Purchaser. hTr moot" 
 
 OAaEE AND 
 
 THIS INDENTURE, made the day of , Between "omSo™ 
 
 A. B. of, &c. {mortgagee of one moiety), of the first part, C. D. oopar- 
 
 of, &c. (mortgagor of the same moiety), of the second part, E. F. — 
 
 &c. (owner of one fourth share), of the third part, G. H. of, &c. 
 (owner of remaining fourth share), of the fourth part, and I. K. 
 of, &c. (purchaser), of the fifth part: Whereas X. Y. latePfa'hof 
 
 . ' ^ late owner 
 
 01, &c. died on the day of intestate, beine; at the jntcstate 
 
 •^ ' ° leaving his 
 
 time of his death seised of the hereditaments intended to be ^^uehtere 
 
 nis co- 
 
 hereby granted for an estate in fee simple in possession, free '"'"esses. 
 
 from incumbrances, and leaving the said C. D. and N. O. his 
 
 only daughters and , co-heiresses at law: And whereas the wm of one 
 
 said N. 0. duly made her will, dated the day of , and herSif' 
 
 thereby devised all her real estate unto and to the use of the o? wm." 
 said E. F. and G. H., their heirs and assigns, as tenants in 
 common, in equal shares : And whereas the said N. 0. died 
 
 on the day of , without having revoked or altered her Mortgage 
 
 said will, which was shortly afterwards duly proved in the co-heiress. 
 
 District Registry at , attached to the Probate Division 
 
 of the High Court of Justice : And whereas (Recite mart- Agreement 
 
 for SHrLti 
 
 gage by C. D. of her share to A. B. to secure £200, and 
 that principal sum is due, — Agreement hy C D., E. F., and 
 G. H. for the sale of the property to I. K. for £1000, — agree- 
 ment that A. B.'s mortgage debt shall be paid out of the 
 share of G. D. in the purchase-money) : NOW THIS IN- wunessm- 
 DENTURE WITNESSETH, that in pursuance of the said ^ 
 agreements in this behalf, and in consideration of the sum of considcra- 
 
 ° ' tion. 
 
 £200 to the said A. B., the sum of £300 to the said C. D,, the 
 sum of £250 to the said E. F., and the sum of £250 to the said 
 G. H., respectively, paid by the said I. K. on or before the 
 execution of these presents, the receipt of which several sums 
 (making together the said purchase-money of £1000) they the 
 said A. B., C. D., E. F., and G. H. respectively do hereby 
 acknowledge, and from the same respectively do hereby release 
 
 Digitized by Microsoft® 
 
294 
 
 PURCHASE DEEDS. 
 
 CONVEYANCE 
 BY SURVIV- 
 ING COPAR- 
 CENER AND 
 HER MORT- 
 GAGEE AND 
 DEVISEES IN 
 COMMON OF 
 DECEASED 
 COPAR- 
 CENER. 
 
 AH parties 
 convey 
 
 to purchaser 
 in fee. 
 
 Covenants 
 by vendors 
 as to their 
 respective 
 shares, 
 
 for right to 
 convey. 
 
 for quiet 
 enjoyment, 
 
 free from 
 
 ineuni- 
 
 hrances, 
 
 and for 
 further 
 assurance. 
 
 the said I. K., The said A. B., as to one undivided moiety of 
 the hereditaments intended to be hereby granted at the request 
 of the said C. D., doth hereby grant, and the said C. D. as to 
 the same moiety doth hereby grant and confinn, and the said 
 E. F., as to one undivided fourth part or share of and in the 
 said hereditaments, and the said G. H., as to the remaining 
 one undivided fourth part or share of and in the said heredita- 
 ments, do hereby respectively grant unto the said I. K. and his 
 heirs (parcels, general words, and all the estate, dc, habendum 
 to I. K. in fee — Covenant against incumbrances by A. B., svprd, 
 p. 273) : And the said C. D., as to one undivided moiety of 
 and in the said hereditaments, and so as to be answerable only 
 for the acts, deeds, and defaults of herself, and of the said X. Y., 
 and of all persons lawfully or equitably claiming from, under, or 
 in trust for her the said C. D., or from or under the said X. Y., 
 in relation to the same moiety. And the said E. F. as to one 
 undivided fourth part or share of and in the said hereditaments, 
 and so as to be answerable only for the acts, deeds, and defaults 
 of himself and of the said N. 0. and X. Y. respectively, and of 
 all persons lawfully or equitably claimiug from, under, or in trust 
 for him the said E. F., or from or under the said N. 0. and 
 X. Y., or either of them, in relation to the same part or share. 
 And the said G. H. as to the one remaining undivided fourth 
 part or share of and in the said hereditaments, and so as to be 
 answerable only for the acts, deeds, and defaults of himself and 
 of the said N. 0. and X. Y. respectively, and of all persons law- 
 fully or equitably claiming from, under, or in trust for him the 
 said G. H., or from or under the said N. 0. and X. Y., or either 
 of them, in relation to the same part or share, do hereby re- 
 spectively covenant with the said I. K., his heirs and assigns, 
 That the said A. B., C. D., E. F., and G. H. respectively now 
 have good right to grant the hereditaments and premises hereby 
 granted, or expressed so to be, unto and to the use of the said 
 I. K., his heirs and assigns, in manner aforesaid : And that the 
 said I. K., his heirs and assigns, shall and may at all times 
 hereafter peaceably and quietly possess and enjoy the said 
 hereditaments and premises, and receive the rents and profits 
 thereof, without any lawful eviction, interruption, claim, or 
 demand whatsoever : And that free from all incumbrances : 
 And fubthbr, that they the said covenanting persons respec- 
 tively, and all persons for whose acts, deeds, and defaults the 
 said covenanting persons respectively hereby bind themselves 
 
 Digitized by Microsoft® 
 
PURCHASE DEEDS, 295 
 
 to be answerable as aforesaid, shall and will from time to time, conveyance 
 
 J ^ , . 'BY 6URVIV- 
 
 and at all times hereafter, &c. {for further assurance, seesuprd, "'° ?°''^^- 
 
 p. 219j. IJEJ^ MORT- 
 
 ■*■ ' gagee and 
 
 In witness, &C. devisees in 
 
 ' common of 
 
 deceased 
 
 COPAR- 
 
 CKNER. 
 
 No. XLIII. 
 CONVEYANCE of Freeholds to Tenants in Common, conveyakce 
 
 ./ 'of 
 
 who ADVANCE the Purchase-Money in equal Shares, ■'reehold? 
 
 ^ 'TO TENANTS 
 
 both having married before 1834. '" common. 
 
 THIS INDENTURE, made the day of , Between Parties. 
 
 A. B. of, &c. (vendor), of the first part, C. D. of, &c., and E. F. 
 of, &c. (purchasers), of the second part, and G. H. of, &c. 
 (grantee to uses), of the -third part (Recite agreement to sell to 
 
 purchasers at the sum of £ :) NOW THIS INDENTURE witnesBing 
 
 WITNESSETH, that in pursuance of the aforesaid agreement, 
 
 and in consideration of the sum of £ to the said A. B. paid 
 
 by the said C. D, and E. F. in equal shares on or before the 
 execution of these presents (the receipt, dc), The said A. B. 
 doth hereby errant unto the said G. H. and his heirs, All, &c. o^nt of 
 
 ■' ° ' ' IreehoMs to 
 
 (parcels, general words, and all the estate, dc.) : To have 8r™te«. 
 
 AND TO hold the hereditaments and premises hereby granted, 
 
 or expressed so to be, unto the said G. H. and his heirs, to 
 
 the uses following, that is to say : As TO one undivided moiety as to one 
 
 thereof (to uses to bar dower in favour of C. D. supra, p. 225) : me o/th'e 
 
 And as to the other undivided moiety thereof (to uses to bar ^""^ "^"' 
 
 •> ^ and as to 
 
 dower in favour of the said E. F., supra, p. 225) : And the ^'^j"^^^^ 
 said a. B. doth hereby covenant with the said G. H. and Sj^g^^^'j. 
 his heirs. That notwithstanding, &c., he the said A. B. now has 
 good right to grant the hereditaments hereby granted, or ex- covenants 
 pressed so to be, to the use of the said C. D. and E. F. respec- vendor. 
 tively, and their respective appointees, heirs, and assigns, in 
 manner aforesaid : And that the said C. D. and E. F. respec- 
 tively, and their respective appointees, heirs, and assigns, shall 
 and may at all times hereafter peaceably and quietly possess 
 and enjoy the said hereditaments and premises, and receive 
 the rents and profits thereof without any lawful evictiou, &c. : 
 
 Digitized by Microsoft® 
 
FREEHOLDS 
 TO TENANTS 
 IN COMMON. 
 
 296 PURCHASE DEEDS. 
 
 <'°'^^^**'™ And THAT free from all mcumbrances,made,&c.: And further, 
 that he the said A. B. and his heirs, and all persons having, or 
 lawfully or equitably claiming, &c., shall and will from time to 
 time, and at all times hereafter, at the request and cost of the 
 said C. D. and E. F. respectively, or their respective appointees, 
 heirs, or assigns, do and execute, or cause to be done and exe- 
 cuted, all such acts, deeds, and things for further and more per- 
 fectly assuring the said hereditaments and premises, and every 
 part thereof, to the use of the said C. D. and E. F. respectively, 
 and their respective appointees, heirs, and assigns, in manner 
 aforesaid, as shall or may be reasonably required. 
 In witness, &c. 
 
 No. XLIV. 
 coNVETAjioE CONVEYANCE of Freeholds to Purchaser under a 
 
 UNDER "^ 
 
 l^i^Y Power of Attorney executed by the Vendor, who is 
 
 abroad. 
 
 THIS INDENTURE, made, &c., Between A. B. of, &c. 
 (vendor), of the one part, and C. D. of, &c. (purchaser), of the 
 Reoits other part : Whereas G. H., late of, &c., deceased, being at the 
 seisin. time of the execution of his will hereinafter recited, and thence- 
 forth to the time of his decease, seised of or entitled to the 
 hereditaments intended to be hereby granted, and the inherit- 
 ance thereof in fee simple in possession, free from incum- 
 viiiof brances, duly made his last will in writing, dated, &c., and 
 devising thereby devised all his lands and hereditaments in the 
 
 lands in a 
 
 particular countv of , unto and to the use of the said A. B., his 
 
 county to , *^ . ' 
 
 vendor. heirs and assigns (Death of G. H., and probate of his mil) : 
 Power of And whereas by a deed poll or instrument in writing under 
 
 the hand and seal of the said A. B., dated the day of , 
 
 the said A. B. duly appointed E. F. of, &c., to be his true and 
 lawful attorney, for him and in his name absolutely to sell and 
 dispose of all and singular the lands and hereditaments in the 
 
 said county of , so devised to him, the said A. B., by the 
 
 said recited will of the said G. H. as aforesaid, or any part or 
 parts thereof, at such times, upon such terms and conditions, and 
 
 Digitized by Microsoft® 
 
PURCHASE DEEDS. 297 
 
 CONVEYANCE 
 
 UNDER 
 
 POWER OF 
 
 ATTORNEY. 
 
 in such manner as he the said E. F. should think proper, and to 
 receive the purchase-money for the lands and hereditaments so 
 to be sold and disposed of, and upon payment thereof, or of any 
 part or parts thereof, to give and execute receipts and other dis- 
 charges for the same respectively, and also to enter into, make, 
 execute, and perform any contract, deed, writing, or thing, which 
 the said E. E. should think necessary or desirable for effectuating 
 the purposes aforesaid, or any of them, and for all or any of the 
 purposes of the said deed poll to use the name of the said A. B. : 
 And whereas the said A. B., by the said E. F. his attorney, f°^^^^ 
 hath agreed with the said C. D. for the absolute sale to him of 
 the hereditaments intended to be hereby granted, (such here- 
 ditaments being a part of the hereditaments so devised by 
 the said recited will as aforesaid) and the inheritance thereof 
 in fee simple in possession, free from incumbrances, at the price 
 
 of£ : NOW THIS INDENTURE WITNESSETH, that 
 
 in pursuance of the aforesaid agreement, and in consideration ^i°„*'*^"' 
 
 of the sum of £ , to the said A. B. by the said E. F., as 
 
 such attorney as aforesaid, paid by the said C. D., on or before 
 the execution of these presents, the receipt whei-eof the said 
 A. B., by the said E. F., doth hereby acknowledge, and from 
 the same doth hereby release the said C. D., he, the said A. B. 
 by the said E. F. as such attorney as aforesaid, doth hereby, 
 &c. {Grant of freeholds to C. D. in Fee, — and covenants for Grant by 
 title by A. B. with C. D., suprd, pp. 218, 219). In Witness p^cok 
 whereof, the said E. F., under and in exercise of the power for 
 this purpose contained in the said recited deed poll or instru- 
 ment in writing of the day of , hath hereunto set the 
 
 name and seal of the said A. B., the day and year first above 
 written (a). 
 
 Signed, sealed, and delivered by the said 
 E. F., as the attorney, and in the name and on 
 the behalf of the said A. B., in the presence, &c. 
 
 (a) The receipt for the purchase-money to be indorsed must be ackn >w- 
 ledged to be paid to the said E. F. " as attorney of and on behalf of the 
 said A. B., under and pursuant to the within-recited deed poll." 
 
 Digitized by Microsoft® 
 
298 
 
 PUKCHASB DEEDS. 
 
 No. XLV. 
 
 OONVKYANCE 
 
 OP 
 FBKEHOLDS 
 
 TO TWO 
 PARTNERS. 
 
 Parties. 
 
 Agreement 
 for sale. 
 
 Considera- 
 tion. 
 
 Grant of 
 
 to partners 
 as part of 
 the part- 
 nership 
 property. 
 
 CONVEYANCE of Fkebholds to two Partners, where 
 the Purchase is made out of the Partnership 
 Assets (a). 
 
 THIS INDENTURE, made, &c., Between A.B. of, &c. (vendor), 
 of the one part, and C. D. of, &c., and E. F. of, &c. (pv/r- 
 
 chasers), being co-partners in the trade or business of at 
 
 , and carrying on the same under the style or firm of - 
 
 of the othec part : Whereas the said A. B. hath agreed with 
 the said C. D. and E. F., as such partners as aforesaid, for the 
 sale to them of the hereditaments intended to be hereby granted, 
 and the inheritance thereof in fee simple in possession, free fi-om 
 incumbrances, at the price of £ : NOW THIS INDEN- 
 TURE WITNESSETH, that, in pursuance of the aforesaid 
 
 agreement, and in consideration of the sum of £ to the said 
 
 A. B. paid by the said C. D. and E. F. on or before the execution 
 of these preseiits (the receipt, dc.), The said A. B. doth hereby 
 grant unto the said C. D. and E. F. and their heirs. All, &c. 
 ( pa/rcels, general words, and all the estate, dc.) : To have and 
 to hold the hereditaments and premises hereby granted, or 
 expressed so to be, unto and to the use of the said C. D. and 
 E. F., their heirs and assigns, as part of their pai-tnership 
 property (Covenants for title by A. B.) 
 In witness, &c. 
 
 (a) It -would generally be more convenient not to disclose the fact that 
 the property is bought for partnership purposes and to let the conveyance 
 be to the partners as joint tenants or tenants in common without reference 
 to the partnership. For precedents of deeds transferring partnership pro- 
 perty or a share of partnership property in a change of partners, see vol. ii. 
 jPartnership Deeds. 
 
 Digitized by Microsoft® 
 
PURCHASE DEBDS. 299 
 
 No. XLTI. 
 
 CONVEYANCE of Fbeeholds and Bargain and Sale conveyance 
 
 . _^ OF FBEE- 
 
 of UoPTHOLDS, bu Tkustees for Sale under a Will, holds and 
 
 " " •' BARGAIN 
 
 THIS INDENTURE, made the day of , Between ''™"^oLT 
 
 "^ TRUSTEES 
 
 A. B. of, &c., and C. D. of, &c. {vendors), of the one part, and ^°^ ""'-''■ 
 E. F. of, &c. {purchaser), of the other part : Whereas X. Y., Parties, 
 late of, &c., deceased, being seised of the freehold hereditaments of x. V!" 
 intended to be hereby granted for an estate of inheritance in 
 fee simple in possession, free from incumbrances, and being 
 
 seised according to the custom of the manor of , in the 
 
 county of , of the copyhold hereditaments intended to be 
 
 hereby bai-gained and sold for a customary estate of inheritance 
 
 in possession, free from incumbrances, except the rents, fines, 
 
 heriots, suits, and services therefor due and of right accustomed, 
 
 duly made his will, dated, &c. ; and thereby after certain specific 
 
 bequests of personal estate, devised and bequeathed all his real 
 
 estate not being of copyhold tenure, and all his personal estate 
 
 not thereinbefore specifically bequeathed (except estates vested 
 
 in him as a trustee, or by way of mortgage) unto and to the use 
 
 of the said A. B. and C. D., their heirs, executors, administrators, 
 
 and assigns respectively : and the said testator by his said will 
 
 devised all his messuages, lands, and hereditaments, being of 
 
 copyhold tenure (except estates vested in him as a trustee, or 
 
 by way of mortgage) to such uses as the said A. B. and C. D., or 
 
 the survivor of them, or the executors or administrators of such 
 
 survivor, or other the trustees or trustee for the time being of 
 
 his said will, should by any deed or deeds to be executed within 
 
 twenty-one years after his (the said testator's) decease, bargain, 
 
 sell, or appoint the same, and in default of, and until such 
 
 bargain, sale, and appointment, to the use of the said A. B. and 
 
 C D., their heirs and assigns : and the said testator by his said 
 
 will declared that all the real and personal estate (including 
 
 copyholds) thereinbefore devised and bequeathed unto and to 
 
 the use of the said A. B. and C. D., their heirs, appointees, 
 
 executors, administrators, and assigns respectively as aforesaid, 
 
 were so devised and bequeathed as aforesaid. Upon trust that 
 
 they the said A. B. and C. D., and the survivor of them, and 
 
 the heirs, executors, or administrators of such survivor, or other 
 
 Digitized by Microsoft® 
 
300 
 
 PURCHASE DEEDS. 
 
 CONVEYANCE tho trustecs or trustee for the time being of the said will 
 
 OF FBEE- ^ ^ ° > 
 
 HOLDS AND ahouM Sell and convert into money the said real and personal 
 
 BARGAIN '^ _ ^ 
 
 AND SALE OF estate, or any part thereof : and the said testator also declared 
 
 COPYHOLDS •' * 
 
 *poi?sAiif^ that any real or personal estate thereby authorised or directed 
 to be sold might be sold either together or in parcels, and either 
 by public auction, &c. {Declaration as to mode of selling, and 
 power to trustees to give receipts for pwchase-money) : And 
 WHEREAS the said testator died on the day of , with- 
 
 Dcath of 
 testator. 
 
 Agreement 
 for sale. 
 
 out having revoked or altered his said will so far as the same 
 is hereinbefore recited, and the said will was shortly afterwards 
 duly proved in the principal Registry of the Court of Probate : 
 And whereas in exercise of the trust for that purpose con- 
 tained in the said will, the said A. B. and C. D. have agreed 
 with the said E. F. for the absolute sale to him of the freehold 
 hereditaments intended to be hereby granted, and the inherit- 
 ance thereof in fee simple in possession, free from incumbrances, 
 and also of the copyhold hereditaments intended to be hereby 
 bargained and sold, and the customary inheritance thereof in 
 possession, free from incumbrances, except the rents, fines, 
 heriots, suits, and services therefor due and of right accustomed, 
 at the price of £ : NOW THIS INDENTURE WIT- 
 NESSETH, that in pursuance of the said agreement, and in 
 consideration, &c. {the receipt, d;c.) the said A. B. and C. D. do 
 in ?™°'™^'' hereby grant unto the said E. F., and his heirs. All, &c. {free- 
 hold parcels, general words, and all the estate, &c., habendum 
 unto and to the use of E. F. in fee, suprh, pp. 218, 219) : AND 
 THIS INDENTURE ALSO WITNESSETH, that in further 
 pursuance of the said agreement, and for the consideration afore- 
 said, the said A. B. and C. D., in exercise of the power for this 
 purpose given to them by the said will of the said X. Y. as 
 aforesaid, and of all other powers, if any, in anywise enabling 
 ^^e™™'i_them in this behalf, do hereby bargain, sell, and appoint unto 
 holds the said E. F., his heirs and assigns. All, &c. {copyhold 'parcels, 
 general words, and all the estate, dc.) : To HAVE and to 
 HOLD the copyhold hereditaments and premises hereby bar- 
 gained, sold, and appointed, or otherwise assured, or expressed 
 so to be, unto and to the use of the said E. F., his heirs and 
 assigns, according to the custom of the said manor, by and under 
 the rents, fines, heriots, suits, and services therefor due and of 
 right accustomed. And each of them the said A. B. and C. D. 
 as to his own acts and deeds only, doth hereby for himself, his 
 heirs, executors, and administrators, covenant with the said 
 
 First 
 
 witnessing 
 
 part. 
 
 Grant of 
 freeholds 
 
 Second 
 
 witnessing 
 
 part. 
 
 to 
 purchaser. 
 
 Covenant 
 by vendors 
 against in- 
 cumbrances. 
 
 Digitized by Microsoft® 
 
PURCHASE DEEDS. 301 
 
 E. F., his heii's and assigns, That the said covenantinsr conveyance 
 
 . - , . O OF FBEE- 
 
 parties respectively have not at any time done or knowingly »<"-™ ""> 
 
 Pft 11 • O »/ BARGAIN 
 
 simered or been party or pnvy to any act, deed, or thing, "^^ ^'^^^ o" 
 whereby they are prevented from granting and appointing the =^ trustees 
 
 said freehold and copyhold hereditaments respectively in manner 
 
 aforesaid, or whereby the same, or any part thereof, are, is, can, 
 or may be incumbered. 
 In witness, &c. 
 
 No. XLVII. 
 CONVEYANCE of Freeholds hy Trustees under a conveyance 
 
 iESTAMENTARY TrUST for SALE. The CeSTUIS que and CES1U18 
 
 m . . r~t ,. m ,1 <J"^ TRUST. 
 
 XB.VST: join to Covenant /or Title (a). ■ 
 
 THIS INDENTURE, made, &c.. Between A. B. of, &c., and 
 C. D, of, &c. {trustees for sale), of the first part, E. F. of, &c., 
 and G. EL of, &c. {parties beneficially interested in the monies 
 to he produced hy the sale), of the second part, and M. N. of, &c. 
 {purchaser), of the third part {Recite will of 0. P., whereby he 
 devised {inter alia) the hereditaments hereinafter mentioned 
 unto and to the use of the said A. B. and G. D., their heirs and 
 assigns, upon trust to sell and to apply the monies to arise 
 therefrom upon trust to pay the testator's debts, and the lega- 
 cies bequeathed hy his will, and to stand possessed of the residue 
 of the said monies in trust for his the said testator's children 
 equally, who being a son or sons should attain the age of 
 twenty-one years, and being a daughter or daughters should 
 attain that age or marry, and if more than one in equal 
 shares, — death of testator and probate of his will) : And 
 whereas, pursuant to the trust for this purpose contained in Agreement 
 
 ■*■ . ■*■■'■ by trustees 
 
 the said recited will as aforesaid, the said A. B. and C. D. have '"^ ^^■ 
 agi'eed with the said M. N. for the absolute sale to him of the 
 hereditaments intended to be hereby granted, and the inherit- 
 ance thereof in fee simple in possession, free from incumbrances, 
 at the price of £ : And whereas there were issue of the That there 
 
 ^ , . . , were issue 
 
 said testator living at his death two children and no more, two chudren 
 
 ^ who have 
 
 namely, the said E. F. and G. H., and the said E. F. and G. H. attained 
 
 J ' ' twenty-one 
 
 {a) It is usual, however, when trustees have an effectual power of sale, to 
 stipulate that the concurrence of the cestuis que trust shall not be requured. 
 
 Digitized by Microsoft® 
 
302 PURCHASE DEEDS. 
 
 B™ rausTE™ ^^ve respectively attained the age of twenty-one years : And 
 OT°E ™uT WHEREAS for the satisfaction of the said M. N. the said E. F. 
 Agreement ^^^ ^r. H. have Consented to join in these presents in manner 
 by.^idren hereinafter mentioned: NOW THIS INDENTURE WIT- 
 NESSETH, that for efifectuating the said sale, and in considera- 
 tion of the sum of £ to the said A. B. and C. D. paid by 
 
 the said M. N., with the privity of the said E. F. and G. H. 
 
 on or before the execution of these presents {the receipt, dc), 
 
 Sesf The said A. B. and C. D. do hereby grant, and the said E. F. 
 
 and coniir- and G. H. do, and each of them doth hereby confirm unto the 
 
 oestuisquo Said M. N., his heirs and assigns, All, &c. (parcels, general 
 
 words, and all the estate, dc.) habendum to M. N. in fee, — 
 
 Covenant by A. B. and C. D. against incumbrances, supra, 
 
 Covenant p_ 300) : And THE SAID E. F. and G. H. (but so as not to be 
 
 que trust answerable the one for the acts, deeds, and defaults of the other 
 
 for title. 
 
 of them, and so as to be answerable for or in respect of the 
 acts, deeds, and defaults of the said testator 0. P., in equal 
 shares), do hereby respectively covenant with the said M. N., 
 his heirs and assigns. That notwithstanding any act, deed, or 
 thing by the said E. F. and G. H. respectively, or by the said 
 testator O. P., done or executed, or knowingly suffered to the 
 contrary, the said A. B. and C. D. now have good right to 
 grant the hereditaments and premises hereby granted or ex- 
 pressed so to be, unto and to the use of the said M. N,, his 
 heirs and assigns, in manner aforesaid: And that the said 
 M. N., his heirs and assigns, shall and may at all times here- 
 after possess and enjoy the said hereditaments and premises, 
 and receive the rents and profits thereof, without any lawful 
 eviction, interruption, claim, or demand whatsoever, from or 
 by the said E. F. and G. H. respectively, or any person or per- 
 sons lawfully or equitably claiming from, under, or in trust for 
 them respectively, or from or under the said testator 0. P. : 
 And that free from all incumbrances made or suffered by the 
 said E. F. and G. H, respectively, or the said testator 0. P., or 
 any person or persons lawfully or equitably claiming as afore- 
 said : And that the said E. F. and G. H. respectively, and all 
 persons having. or lawfully or equitably claiming any estate or 
 interest in the said hereditaments and premises, or any part 
 thereof, from, under, or in trust for the said E. F. and G. H. 
 respectively, or either of them, or from or under the said tes- 
 tator 0. P., shall and will, &c, {for further assurance). 
 In witness, &c. 
 
 Digitized by Microsoft® 
 
PURCHASE DEEDS. 303 
 
 No. XLVIII. 
 
 CONVEYANCE under a Testamentary Trust fcyr Sale ™i'™™''' 
 by New Trustees appointed under a Power in the TrTst-'' 
 Wili^Cestuis que Trust heing Numerous, and''^^^^'"' 
 having Various Interests, join to Covenant for 
 Title — and Trustees Covenant for Production of 
 Deeds. 
 
 HAVING 
 
 VARIOUS 
 
 INTEnKSl-H, 
 
 JOIN. 
 
 THIS INDENTURE, made, &c., Between A. B. of, &c., and ParticB. 
 
 C. D. of, &c. (trustees), of the first part {persons beneficially 
 
 interested in the proceeds of the sale being very numerous, and 
 
 having various interests, some being married women and their 
 
 husbands), of the second part, and M. N. of, &c. (purchaser), of 
 
 the third pai't (Recite will of 0. P. devising the property to f„°^'J|^^" 
 
 A. B. and X. Y., in trust for sale, and directing the trustees "f testator. 
 
 to stand possessed of the net proceeds upon trusts creating 
 
 various interests, and power to appoint new trustees, — death 
 
 of testator and probate of will : And whereas by a deed Disclaimer 
 
 by truatee 
 
 poll dated the day of , under the hand and seal of the 
 
 said X, Y., the said X. Y. disclaimed all real and personal 
 estate devised and bequeathed by the said will, and all trusts, 
 powers, and authorities whatsoever by the said will reposed in 
 and given to him jointly with the said A, B., and all rights and 
 privileges relating thereto : And whereas by an indenture Appoint- 
 dated, &c., and made, &c., the said C. D. was in exercise of the trustee. 
 power in that behalf so as aforesaid contained in the said will, 
 duly appointed to be a trustee of the said will in the place of 
 the said X. Y. : and by the said indenture, all the real and 
 personal estate by the said will devised and bequeathed unto 
 and to the use of the said A. B. and X. Y, their heirs, execu- 
 tors, administrators, and assigns as aforesaid, was conveyed and 
 assigned so as to become vested in the said A. B. and C. D, 
 their heirs, executors, administrators, and assigns respectively 
 upon the trusts declared thereof by the said will (Recite mar- 
 riages of several of the female beneficiaries, agreement for sale 
 by A. B. and C D,, and agreement by " the several persons 
 parties hereto of the second part," to join, suprd, p. 302): NOW 
 THIS INDENTURE WITNESSETH, that in pursuance witnessing 
 of the said agreement in this behalf, and in consideration, &c., 
 
 Digitized by Microsoft® 
 
304 PURCHASE DEEDS. 
 
 ™'L™RTEs-'' (^'*« receipt, dc.) the said A. B. and C. D. do hereby grant, and 
 ^^TOHST— ^ the several persons parties hereto of the second part, according 
 '^"tbtot,"™ to their respective rights and interests, do, and every of them 
 ■fARiouli doth hereby confirm unto the said M. N., his heirs and assigns, 
 NTERMTs, j^LL, &c. (parcels, general words, and all the estate, dc, ha- 
 Grant by beudum to M. N. in fee, — covenant by A. B. and C. D. against 
 purohaser" incumbrances as in last Precedent, mutatis mutandis) : And 
 Covenants "^^^ several persons parties hereto of the second part, except 
 ces^ais'qu'e *^® ^^^^ {married women), but so as not to be answerable the 
 *^"^*- one for the acts, deeds, or defaults of any other or others of 
 them, or for the acts, deeds, or defaults of the wife or respec- 
 tive wives of any other or others of them, and so as to be 
 answerable for or in respect of the acts, deeds, and defaults of 
 the said testator 0. P., rateably, and in proportion to the value 
 of their respective shares and interests, or the shares and 
 interests of their respective wives (as the case may be) in the 
 said purchase money, do hereby for themselves respectively, and 
 for their respective heirs, executors, and administrators, covenant 
 with the said M. N., his heirs and assigns, That notwithstand- 
 ing, &c. (Covenants for title as in the last Precedent, substituting 
 " the said several persons pa/rties hereto of the second part," for 
 TCndorafor^ " *^^ ®**^ ^- ^- "''"'^ ^' ^•" throughout) : And the said A. B. 
 rf rcoue™ ^°*^ ^' ■'^•' ®° ^ *° ^® personally liable under their covenant so 
 ieeds. \or\g Only as they shall retain the deeds hereby covenanted to 
 be produced in their respective custody, and for the purpose of 
 binding also so far as they can all other persons into whose 
 custody the said deeds may hereafter come, but not further or 
 otherwise, do hereby for themselves, their heirs, executors, ad- 
 ministrators, and assigns, covenant with the said E. F., his heirs 
 and assigns, That they the said A. B. and C. D., their heirs, 
 executors, administrators, and assigns, will, unless prevented by 
 fire or some other inevitable accident, from time to time, and 
 at all times hereafter, upon every reasonable request, and at 
 the cost of the said E. F., his heirs or assigns, produce or cause 
 to be produced to the said E. F., his heirs or assigns, or his or 
 their attorneys or agents, or at any trial or hearing in any court 
 of law or equity, or other judicature, or at any commission, or 
 examination, or otherwise, as occasion shall require, the herein- 
 before recited deed poll and indenture dated respectively the 
 
 day of , and the day of , or either of them, 
 
 for showing his or their title to the hereditaments and premises 
 hereby gi-anted, or expressed so to be, or any part thereof, and 
 
 Digitized by Microsoft® 
 
PURCHASE DEEDS. 305 
 
 also will, from, time to time, at the like request and cost conveyance 
 
 ■11. ,111.1 ' UNDER TES- 
 
 deliver, or cause to be delivered to the said E. F , his heirs or tamentary 
 
 , , V. ^^1 TRUST— 
 
 assigns, such attested or other copies of, or extracts from the ^'^™"' ""^ 
 same deed poll and indenture, or either of them, as he or thev "'"''"'^ 
 
 J Various 
 
 may require : And also will in the meantime, unless prevented "*7o"f '^' 
 
 as aforesaid, keep the same deed poll and indenture safe, unob- 
 
 literated and uncancelled. 
 In witness, &c. 
 
 No. XLIX. 
 CONVEYANCE of Freeholds by Trustees for Sale — ™ °'^- °' 
 
 •^ J J SEVERAL 
 
 one of the Trustees being the Purchaser, with the ^^"11^1 
 consent of the persons beneficially interested in the ^omlm of 
 Sale Monies. ,,^r^^^ 
 
 THIS INDENTUEE, made the day of , Between Parties. 
 
 A. B. of, &c., and C. D. of, &c. (trustees for sale), of the first 
 part, E. F. of, &c., G. H. of, &c., and L. M. of, &c {the persons 
 beneficially interested in the sale monies), of the second part, 
 the said C. D. (purchaser), of the third part, and X. Y. of, &c. 
 (grantee to uses) of the fourth part : Whereas 0. P., late of, J^^'j'g'fn*'" 
 &c., deceased, duly made his will dated, &c., and thereby de- to't^steM 
 vised all his real estate to the said A. B. and C. D., their heirs in tmstto 
 and assigns, upon trust to sell the same by public sale or pri- houi pra- 
 vate contract, and to stand possessed of the monies arising 
 from such sale in trust thereout in the first place to pay the 
 costs and expenses attending such sale, and to invest the 
 residue of the said monies as in the said will is mentioned, and 
 to pay the income of the said residuary monies, stocks, funds, intmstfor 
 and securities to the said E. F., the wife of the said testator, ^^i,°'„ ''' 
 during her life, and the said testator by his said will declared Ij.^fl"?'; °' 
 that after the decease of the said E. F. the said residuary children 
 monies, and the stocks, funds, and securities in which the same *i"^'y- 
 might be invested, should go and be in trust for all the chil- 
 dren of the said 0. P., who being sons should attain the age 
 of twenty-one years, and being daughters should attain that 
 age or marrj', in equal shares, as tenants in common, and the 
 said testator appointed the said A. B. and C. D. executors of 
 
 VOL. I. ^ 
 
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306 
 
 PUKCHASE DEEDS. 
 
 TO ONE OP 
 SEVERAL 
 TRUSTEES 
 FOR SALE 
 WITH 
 C0N3EST OF 
 BENE- 
 FICIARIES. 
 
 That tes- 
 tator left 
 only two 
 children. 
 
 That here- 
 ditaments 
 foiTn part of 
 real estate 
 comprised 
 in will. 
 
 Proposal 
 that one of 
 the trustees 
 shall pur- 
 chase. 
 
 Persons 
 interested 
 in proceeds 
 assent to 
 proposal. 
 
 Considera- 
 tion. 
 
 Trustees at 
 request of 
 cestnis que 
 trust of 
 monies 
 grant, 
 
 and cestuis 
 que trust 
 conlirm 
 
 parcels. 
 
 To grantee 
 to use pf 
 the pur- 
 chaser in 
 lee. 
 
 Covenants 
 by cestuis 
 que trust, 
 
 that-con- 
 veying and 
 releasing 
 parties have 
 right to 
 convey. 
 
 his said will (Death of O. P., and probate of his will) : Akd 
 WHEREAS there were issue of the said 0. P. living at his decease, 
 two children, and no more, namely, the said G. H. and L. M.- 
 both of whom have attained the age of twenty-one years : And 
 WHEREAS the hereditaments intended to be hereby granted 
 form a portion of the real estate devised by the said recited 
 will as aforesaid : And whereas the said A. B. and 0. D. have 
 proposed to exercise the trust for sale contained in the said 
 recited will as to the hereditaments intended to be hereby 
 granted, so that the said C. D. shall be the purchaser thereof 
 
 at the price of £ : And whereas the said E. F., G. H., 
 
 and L. M. have satisfied themselves that the sum of £ is 
 
 the full value of the said hereditaments, and are desirous that 
 the said C. D. shall be the purchaser thereof at that sum ac- 
 cording to the aforesaid proposal, and have therefore agreed to 
 join in these presents in manner hereinafter mentioned : 
 NOW THIS INDENTUKE WITNESSETH, that in con- 
 sideration of the sum of £ to the said A. B. and C. D. as 
 
 such trustees of the said recited will as aforesaid, paid by the 
 said C. D. on or before the execution of these presents, at 
 the request of the said E. F., G. H., and L. M. (the receipt, dc.), 
 the said A. B. and C. D., at the request of the said E. F., G. H., 
 and L. M., testified by their respectively executing these pre- 
 sents, do hereby grant, and the said E. F., G. H., and L. M. do 
 hereby respectively confirm unto the said X. Y. and his heirs. 
 All (parcels, general words, dc, and all the estate, dc.) : To 
 HOLD the same unto the said X. Y. and his heirs : To the 
 USE of the said C. D., his heirs and assigns for ever (Cove- 
 nants against incumbrances by A. B. with C. D.) : And the 
 several persons parties hereto of the second part, but so as 
 not to be answerable the one for the acts, deeds, or defaults 
 of any other or others of them, and so as to be answerable 
 for or in respect of the acts, deeds, and defaults of the said 
 testator 0. P., rateably and in proportion to the value' of their 
 respective shares and interests (as the case may be), in the said 
 purchase-money, do hereby for themselves respectively, and their 
 respective heirs, executors, and administrators, covenant with 
 the said C. D., his heirs and assigns : That notwithstanding any 
 act, deed or thing by the said several persons- parties hereto of 
 the second part respectively, or by the said testator 0. P., done or 
 executed, or knowingly suffered to the contrary, the said A. B. 
 and the several persons parties hereto of the second part, 
 
 Digitized by Microsoft® 
 
PURCHASE DEEDS. 307 
 
 TO ONE OF 
 SEVERAL 
 
 now have good right to grant the said hereditaments and pre „„.„._ 
 mises in manner aforesaid, free from incumbrances : And that ™™sfS 
 the said several persons parties hereto of the second part, and conInt of 
 all persons rightfully claiming any estate or interest in the said ncf^^. 
 hereditaments and premises, or any part thereof, from, under, preefrom 
 or in trust for them respectively, or from or under the said braTes, 
 testator, 0. P., shall and will from time to time and at all times ^i^"" 
 
 T - further 
 
 hereafter at the request and cost of the said C. D., his heirs ''ssurance. 
 or assigns, do and execute, or cause to be done and executed, 
 all such acts, deeds, and things whatsoever for further and more 
 perfectly assuring the said hereditaments and premises and 
 every part thereof to the use of the said C. D., his heirs and 
 assigns, in manner aforesaid as shall or may be reasonably 
 required. 
 In witness, &c. 
 
 No. L. 
 
 CONVEYANCE by Tkustees iinder a Powee of Sale cosve^aucf. 
 ill a Settlement at the request of the Tenant for uNoir^" 
 Life, and ivith the Consent of his Mortgagee (a). settlement 
 
 AT REQUEST 
 
 THIS INDENTURE, made the day of , Between FOBurr 
 
 AND WITH 
 
 A. B. of, &c., and C. D. of, &c. (trustees), of the first part, E. F. consent op 
 
 ^ ' r ' MORTOAGEE. 
 
 Parties. 
 [a] When a power of sale and exchange is to be exercised by trustees with powers of 
 the consent of the tenant for life, it is important to ascertain that the tenant sale and 
 for life has done no act to suspend or extinguish the power, or rather no act ^'^gn"^" 
 to prevent him from giving the consent which it is necessary for the trustees affected by 
 to obtain, in order to exercise the power. A mortgage by a tenant for life '^i^P?!i"'"l 
 does not prevent his consenting to an exercise of the power, provided he tenant for 
 obtains the concurrence of the mortgagee. (Walmisley v. Butterworth, life. 
 Sug. Pow. 64, 7th ed.) And it has recently been decided that an absolute 
 alienation by the tenant for life of his life estate does not prevent his giving 
 the required consent, provided he obtains also the concurrence of the 
 alienee. (Alexander v. Mills, L. R. 6 0. A. 124.) So also if the tenant for 
 life becomes bankrupt, the power may be exercised with the united consent 
 of the bankrupt and the trustee in bankruptcy of the estate. (Holdsworth 
 V. Goose, 29 Beav. 111.) In a case where trustees of a marriage settlement 
 were empowered to invest the trust monies in land, and to resell the land 
 with the consent of the tenant for life, it was held that the tenant for life's 
 power to consent to a resale of the lands which the trustees purchased, 
 was not destroyed by the absolute alienation by the tenant for life of 
 all his life estate in the monies and securities, and the hereditaments into 
 which the monies, stocks, funds, and securities were or at any time there- 
 after might be converted and changed. (Warburton v. Fam, 16 Sim. 625.) 
 
 X 2 
 
 Digitized by Microsoft® 
 
308 PURCHASE DEEDS. 
 
 CONV EYANCE 
 
 BY TRUSTEES 
 
 UNDER 
 
 POWER IN 
 
 SETTLEMENT 
 
 AT REQUEST 
 
 OF TENANT 
 
 FOR LIFE, 
 
 AND WITH 
 
 CONSENT OF 
 
 MORTaAGEB. 
 
 of, &c. ( tenant for life), of the second part, G. H. of, &c. {mort- 
 gagee), of the third part, and I. K. of, &c. {purchaser), of the 
 
 fourth part : Whereas by an indenture dated the day of 
 
 , and made, &c. (being a settlement made in contempla- 
 tion of the marriage then intended and shortly afterwards 
 solemnized between the said E. F. and L. M., spinster, now L. 
 his wife), the hereditaments intended to be hereby assured were 
 (with other hereditaments) limited and assured to the use of 
 the said E. F. and his assigns during his life without impeach- 
 ment of waste (&), with divers remainders over : And in the 
 
 The concurrence of the protector of a settlement in a disentailing assurance, 
 in which his own life estate is reserved, will not destroy his right of con- 
 senting to the exercise of a power of sale under the settlement. (Hill v. 
 Pritchard, Kay, 394.) 
 Consent, "When a power of sale is to he exercised with consent, the better opinion 
 
 given. ,is that the consent must he given to the particular sale, and that a general 
 'prospective consent to a sale would he insufficient. Where, however, the 
 donee of a power is authorised to sell by auction with consent, it is appre- 
 hended that a direction by the consenting party that the property be sold 
 by auction would be sufficient ; for such, a direction would amount to a 
 consent to a sale to the purchaser at the particiJar price at which the pro- 
 perty should be knocked down to him at the auction, and this is all which 
 could possibly be done in such a case. If the donee of a power should 
 enter into a contract for sale before obtaining the requisite consent, such 
 contract will be binding on the purchaser if the consent is ffbtained before 
 a biU is filed by the vendor for specific performance. (Adams v. Brooke, 
 1 Yo. & C. N. C. 627.) Under the 16 & 17 Vict. c. 70, ss; 136, 137, if a 
 consenting party become a lunatic, the committee can consent by direction 
 of the Lord Chancellor. 
 Tenant for (5) A tenant for life without impeachment of waste is entitled to cut 
 impeach-"'^* down all the timber upon the estate except such as was planted or was 
 mentof left Standing for the ornament or shelter of the mansion-house or resi- 
 waste. dence. Previously to the Judicature Act, 1873, it was within his legal 
 
 power to fell the ornamental timber, but a Court of Equity would not 
 permit him to make, as it is termed, an unconscionable use of this power, 
 and would therefore restrain him not only from felling such timber (Eolt 
 V. Lord Somerville, 2 Eq. Ca. Abr. 759) ; but also from puUing down the 
 mansion-house, farm-houses, and other buildings on the estate (Vane v. 
 Lord Barnard, 2 Vem. 738 ; Aston v. Aston, 1 Ves. 265), or from cutting 
 saplings or young trees not fit to be cut for the purposes of timber (Cham- 
 berlayne v. Dumnier, 1 Br. 0. C. 166), or underwood of insufficient growth 
 (Brydges v. Stephens, 6 Madd. 279), or from destroying the underwood, or 
 from grubbing up a wood that is settled (Aston r.'Aston, ubi suprd). Any 
 such unconscionable use of the legal power is termed equitable waste 
 (Micklethwait v. Micklethwait, 1 De G. & J. 104). And under the Judi- 
 cature Act, 1873, a tenant for life without impeachment of waste has no 
 legal right to commit equitable waste. 
 cSting'of ■'■^ °^^^^ ^° ™^^® *'^® cutting of ornamental trees equitable waste they 
 ornamental must be connected with a mansion-house or residence. It follows that if the 
 trees is settlor or testator prior to the settlement puUs down the mansion-house with 
 wa"S ^° intention of rebuilding it, and without showing by the settlement or will 
 
 that he contemplated future building upon the estate, as by the insertion of 
 powers to grant building leases, the timber will not be protected. (Mickleth- 
 wait V. Micklethwait, ubi suprA ; Wellesley v. Welleeley, 6 Sim. 497 ; Morris 
 V. Morris, 15 Sim. 505.) 
 
 Digitized by Microsoft® 
 
PURCHASE DEEDS, 309 
 
 said indenture is contained a power enabling the said A. B. and b™t™J^S 
 C. D., and the survivor of them, and the executors or adminis- po™e™k 
 
 SETTLEMEHT 
 AT REQUEST 
 
 If the ornamental trees are so near to the house as to be prejudicial to "oe^^'^ 
 its healthiness, or are so placed as to injure or impede the growth of any and with 
 other trees adjoining thereto, which are of so much importance to the consent of 
 purposes of ornament or shelter, that the removal of the timber is essential "°''^°^°™" 
 to such purposes of ornament or shelter, their removal will be justified. When oma- 
 (Lushington v. Boldero, 6 Madd. 149; Campbell v. Allgood, 17 Beav. ™"^ '"•"=« 
 623.) There are other cases in which the felling of ornamental timber by ™"^ '"' ' 
 a tenant for life will be regarded with approval, " for," to use the words of 
 Sir W. Grant, " if a tempest had produced gaps in a piece of ornamental 
 planting, by which unequal and discordant breaks and divisions were occa- 
 sioned, it would be going too far to hold that cutting a few trees to produce 
 an uniform and consistent instead of an unpleasant and disjointed ap- 
 pearance, should be construed waste." (Lord Mahon v. Lord Stanhope, 
 3 Madd. 523.) 
 
 Whenever ornamental timber is cut by the order of the Court during the Proceeds of 
 life of a tenant for life without impeachment of waste or is rightfully cut *™t^^''H' 
 by him, it seems clear that the proceeds will be his absolute property by order of 
 (Yool on Waste, p. 50) ; and although in strictness the Court is the only Court, 
 proper judge of what ought to be cut when the consent of the persons 
 entitled in remainder cannot be obtained, yet every tree which the tenant 
 severs upon his own responsibility, and the severance of which would have 
 been approved if application had been made to the Court for the autho- 
 rity, is regarded for this purpose as rightfully cut. (Waldo v. Waldo, 
 12 Sim. 107.) A tenant for lil'e without impeachment of waste will also 
 be absolutely entitled to the produce of all timber blown down by the 
 wind. 
 
 If ornamental timber is wrongfully cut, the tenant will not be allowed As to 
 to derive any advantage from his wrongful act, but the proceeds must °™™<'n'al 
 be invested and accumulated for the benefat of those entitled in remainder, wrongfully 
 (Luohington v. Boldero, 15 Beav. 1 ; Yool, 48.) cut- 
 
 in judging whether timber is ornamental in the equitable sense, it must To be 
 be borne in mind that it is not protected because it is ornamental, but I't'^St"*^'' 
 because it was planted or left standing for ornament. (Coffin t). Coffin, have been 
 6 Madd. 17.) The taste of the settlor or author of the interest created, P'™*f<i °'' 
 and not that of the tenant for life or of the Court, must determine the ques- ing tor 
 tion. In Marquis of Downshire v. Lady Sandys (6 Ves. 107, 110), where ornament, 
 the Court granted its protection to clumps of firs on a common two miles 
 from the hovise, although the lands of other persons separated the residence 
 from the common. Lord Eldon made the following remarks : — " The prin- 
 ciple," ho says, "upon which the Court has gone seems to be, that if the 
 testator or author of the interest by deed had gratified his own taste by 
 planting for ornament, though he had adopted the species the most dis- 
 gusting to the tenant for life and the most agreeable to the tenant in tail, 
 and upon a competition between the parties the Court should see that the 
 tenant for life was right and the other wrong in point of taste, yet the 
 taste of the testator, like his wUl, binds them." " The principle has been 
 extended from the ornament of the house to outhouses and grounds, then 
 to plantations, vistas, avenues, and to all the rides about the estate for ten 
 miles round." The prohibition above mentioned extends to all trees 
 planted for ornament or shelter by the tenant for life himself. (Coffin v. 
 Coffin, Jao. 71.) 
 
 A tenant in tail in possession is entitled, without executing a disentail- Powers of 
 ing assurance, to exercise absolute ownership over the buildings and timber tail as to 
 on the e.state. He may, therefore, pvill down the mansion-house or other the cutting 
 boiidings and fell all the timber, whether it was or was not planted or left "' timiier. 
 Standing for ornament or shelter. He is, in a word, neither responsible for 
 
 Digitized by Microsoft® 
 
310 
 
 PUECHASE DEEDS. 
 
 CONVEY ANCB 
 
 BY TR08TEES 
 
 UNDER 
 
 POWER JN 
 
 8ETOLEMENT 
 
 AT BEQUEST 
 
 OF TENANT 
 
 FOR LIFE, 
 
 AND WITH 
 
 CONSENT OF 
 
 MORTGAGEE, 
 
 Tenant iu 
 tail after 
 possibility 
 of issue 
 extinct. 
 
 Position of 
 tenant for 
 life who is 
 not made 
 unimpeacli- 
 able for 
 waste as to 
 right to 
 timber and 
 other wood. 
 
 Permissive 
 waste. 
 
 As to what 
 wood an 
 oi-dinaiy 
 tenant may 
 cut. 
 
 trators of such survivor, at the request of the said E. F. during 
 his life, to sell the hereditaments thereby settled, either to- 
 legal nor for equitable waste. Even if the estate tail had been created by- 
 statute, under which the tenant is prohibited from barring the entail and the 
 remainders over, he will not be responsible for any kind of waste, unless the 
 statute also provides for the maintenance of the residence. (Attorney- 
 General V. Duke of Marlborough, 3 Madd. 532.) 
 
 A tenant in tail after possibility of issue extinct, and a tenant in fee with 
 an executory devise over in the event of his dying without leaving 
 issue, have respectively the same privileges as a tenant for life without 
 impeachment of waste, i. e., they are liable for equitable but not for legal 
 waste. (Williams v. Williams, 15 Ves. 428 ; Turner v. Wright, 2 De G. 
 F. & J, 234.) 
 
 It remains to be considered what is the position of a tenant for life who 
 is impeachable for waste as to the timber and other wood on the estate. 
 Eirst, then, if the trees are severed, or a house is destroyed, by tempest or 
 other accident, or by a trespasser, the things so severed and destroyed will 
 become the property of the owner of the first vested estate of inheritance 
 (Bewick v. Whitfield, 3 P. Wms. 268) ; and that notwithstanding that there 
 may be an intermediate estate limited to a person for life without impeach- 
 ment of waste. (Pigott v. Bullock, 1 Ves. jun. 484.) Secondly, if there 
 are any trees which are decayed (unless they are required for the defence 
 and shelter of the house or for ornament, see Bewick v. Whitfield, uhi 
 suprd), or if there are trees the standing of which is injurious to others, the 
 Court will order them to be felled and the proceeds to be invested to follow 
 the uses of the settlement, and will direct the income of such proceeds to 
 be paid to the tenant for life (Tooker v. Annesley, 5 Sim. 237 ; Seagram v. 
 Knight, L. R. 2 C. A. 628) ; and if the property is limited after the estate 
 of the first tenant for life to a second tenant for life vrithout impeachment 
 of waste, such second tenant will be entitled to the corpus of the proceeds, 
 if he survives the tenant in possession. (Waldo v. Waldo, 12 Sim. 107 ; 
 Lowndes v. Norton, L. E. 6 C. D. 139.) A tenant for life who is impeach- 
 able for waste should not fell any trees upon his own responsibility. (Pres- 
 cott V. Prescott, 3 Atk. 95.) If, however, he does so, he will be allowed the 
 income of the proceeds of all the felled timber which the Court would have 
 ordered to be cut, if application to the Court had been made for the purpose. 
 Waldo V. Waldo, ubi suprd.) Thirdly, as to timber wrongfully cut by a tenant 
 for life who is impeachable for waste, the owner of the first vested estate of 
 inheritance in remainder is entitled to the proceeds. (See 1 White & Tudor's 
 Leading Cases in Equity, 765, 4th edit. ; Cavendish v. Mnnday, W. Notes, 
 1877, p. 198, in which case the Master of the Rolls expressed his disapproval 
 of the doctrine laid down by the late Lord Romilly, in Bagot v. Bagot, 
 32 Beav. 523; Honeywood v. Honeywood, L. R. 18 Eq. 306.) 
 
 A Court of Equity (and consequently the High Court of Justice since the 
 Judicature Act) will not interfere to prevent or to remedy permissive waste 
 on the part of a tenant for life or for years (Marquis of Lansdowne v. the 
 Marchioness Dowager of Lansdowne, 1 J. & W. 522 ; Wood v. Gaynon, Amb. 
 395 ; Powys v. Blagrave, 4 De G. M. & G. 448). 
 
 Although a tenant for life or years who is impeachable for waste is not 
 allowed, as a rule, to fell any of the timber on the property, he has some 
 positive powers »f cutting wood that are incident to his estate, which must 
 be mentioned here. Eor instance, he may cut or lop hedges, bushes, trees, 
 &c., which are not timber, for his own benefit in a reasonable manner, but 
 not so as to prevent the future growth ; and he may take sufiicient wood to 
 repair the walls, pales, fences, hedges, and ditches as he found them, and he 
 may take for agricultural and household purposes, what is known as plow- 
 bote, firebote, and housebote. (Yool, pp. 23, 26 ; PhUlips v. Smith, 14 M. 
 & W. 589.) He may also cut timber for the necessary repairs of the house. 
 (Eden on Injunctions, 146.) 
 
 Digitized by Microsoft® 
 
PUECHASE DEEDS. 311 
 
 gether, &c. {recite power of sale and to revoke uses, or any ^*^p^™ 
 part thereof, as in settlement) : And whereas by an indenture 
 
 BY TRUSTEES 
 
 UNDER 
 
 POWER IN 
 
 SETTLEMENT 
 
 AT REQUEST 
 
 OF TENANT 
 
 In Pidgley v. Eawling (2 Coll. 275), it was held that, as between the for life, 
 tenant for life and remainder-man, the thinnings of fir trees under twenty -^^P ^^^ 
 years old belong to the former ; and it is now settled that aU ,timber cut ^rtomjee. 
 
 m the regular course of thinning, and all coppices cut periodically in the 
 
 nature of crops, and all trees felled by the wind which the tenant might 
 have cut, are to be regarded as income, and consequently belong to a tenant 
 for life, who is iinpeachable for waste, as his absolute property. (Bateman 
 V. Hotchkin, 31 Beav. 486 ; Eail Cowley v. Wellesley, L. E. 1 Eq. 657 ; 
 Honeywood v. Honeywood, uH suprA.) 
 
 A tenant for life without impeachment of waste acquires a property in Cholmonde- 
 the timber only in the event of its being actiially felled by him during the pJxton 
 continuance of his estate. Consequently, when, as in the precedent in the 
 text, the sale is made by the trustees with the consent of the tenant 
 for Ufe, no portion of the purchase-money can be paid to the tenant for 
 life on account of any un felled timber, and after he has given his consent 
 to the sale it would clearly be waste for him to fell a single tree on the 
 estate. (Cholmondeley v. Paxton, 3 Bing. 207 ; 22 & 23 Vict. c. 35, 
 s. 13.) 
 
 In the case of waste by a tenant in possession the legal remedy before the Legal and 
 passing of the Judicature Act was generally incomplete, as the action could equitable 
 only be brought by the person entitled to the immediate reversion or re- wSte."" "' 
 mamder in fee or in tail, so that if there was an existing intermediate estate 
 for life, the action would not lie until after the death of the second tenant 
 for life. Besides this, at law the only redress was for injury already sus- 
 tained, and the action could not be used for the purpose of restraining future 
 waste. The equitable remedy by bill for an injunction against future waste, 
 as well as for an account for past damage, was therefore necessary to give 
 complete satisfaction. A Court of Equity allowed the plaintiff by bill, 
 whilst applying for an injunction, to ask also for an account for past waste, 
 to prevent a multiplicity of suits. 
 
 The jurisdiction of Courts of Equity now belongs to every branch of 
 the High Court of Justice, and all the remedies which could be obtained 
 in equity as regards waste can now be obtained in an action under the new 
 procedure. 
 
 When there is waste in mines, the Court will grant an account, 
 although the bill does not pray for an iujunction, because the digging 
 of mines is a sort of trade. (Bishop of Winchester v. Knight, 4 P. Wms. 
 406 ; Jesus College v. Bloome, Amb. 55.) A second tenant for life may 
 proceed against the tenant in possession who has committed waste, for 
 an injunction to restrain him against future waste. (Pigott v. Bullock, uJi 
 
 When timber is wrongfully cut by a tenant for life, the Statute of wien 
 Limitations begins to run from the time of cutting, and not from the |i^*jfatj°'^jj 
 death of the tenant (Seagram v. Knight, L. R. 2 C. A. 628 ; Higgin- te^ns to 
 botham v. Hawkins, ubi supra), unless he is the owner of the first estate mn. 
 of inheritance, in which case the claim against his estate may be made at 
 any time within six years from his death. (Birch-Wolfe v. Birch, L. R. 
 9 Eq. 683.) 
 
 At common law, the parson, with the consent of the patron and ordinary, Common 
 might direct the timber on the glebe to be cut (Duke of Marlborough v. St. law rule as 
 John, 5 De G. & Sm. 174 ; Yool, 71) ; but not, it seems, with the consent ^eb™ ™ 
 of the patron only. A rector in the ordinary way is entitled to cut timber 
 for the repair of the parsonage house and the bams and outhouses belonging ^"^g '„ 
 thereto, and of the chancel, and also for the repair of old pews belonging to cut for 
 the rectory, but for no other purpose. (Sowerby v. Fryer, L. R. 8 Eq. 417 ; repairs. 
 Yool on Waste, pp. 75, 76.) 
 
 Digitized by Microsoft® 
 
312 PUKCHASE DEEDS. 
 
 AT BEQUEST 
 OF TENANT 
 FOR LIFE, 
 AND WITH 
 CONSENT OF 
 MOBTOAOEE. 
 
 Sv'^^rTr/i dated, &c., and made between the said E. F. of the one part, 
 
 BY TRUSTEES ' 
 
 pow^eT^in ^^^ *^^ said G. H. of the other part, in consideration of the 
 
 ™qdest sum of £ paid by the said G. H. to the said E. F., the said 
 
 E. F. did demise (amongst other hereditaments) the heredita- 
 ments intended to be hereby assured unto the said G. H., his 
 executors, administrators, and assigns, for the term of ninety- 
 nine years, if he the said E. F. should so long live, subject to a 
 proviso for cesser of the said term upon payment by the said 
 E. F., his heirs, executors, administrators, or assigns, unto the 
 said G. H., his executors, administrators, and assigns, of the 
 
 sum of £ , with interest for the same, on the day of 
 
 then next : And whereas the said principal sum of £ 
 
 still remains owing to the said G. H. upon the security of the 
 Agreement last hereinbefore recited indenture : And whereas, in exercise 
 of the power so as aforesaid contained in the hereinbefore 
 recited indenture of settlement, the said A. B. and C. D., at the 
 request of the said E. F., and with the privity and consent of 
 the said G. H., have agreed, &c. Agreement for sale to I. K.) : 
 wtoessing NOW THIS INDENTURE WITNESSETH, that in pur- 
 suance of the said agreement, and in consideration, &c. {the 
 Trustees receipt, do.), The said A. B. and C. D., in exercise of the power 
 of settle- for this purpose given to them by the hereinbefore recited in- 
 denture of the day of as aforesaid, and of all other 
 
 powers (if any) them hereunto enabling, and at the request of 
 the said E. F., and with the privity and consent of the said 
 G. H. (testified by their respectively executing these presents). 
 Dp HEREBY REVOKE and make void the uses, trusts, powers, 
 provisoes, and declarations by and in the last-mentioned inden- 
 ture declared and contained of and concerning the heredita- 
 parceS^"™* ments intended to be hereby appointed. And do hereby 
 APPOINT that ALL, &c. (parcels, general words, omitting "all 
 the estate," &c.), shall henceforth go, remain, and be to the 
 to purchaser use of the Said I. K., his heirs and assigns, for ever: And 
 Covenant EACH OF THEM the Said A. B., and C. D., as to his own acts 
 alainstin-^ and doeds only, doth hereby for himself, his heirs, executors, 
 cum ranots. ^^^ administrators, covenant with the said I. K., his heirs 
 and assigns. That they the said A. B. and C. D. respec- 
 
 What a Where a nurseryman or gardener plants trees and shrubs in the regular 
 
 nurseryman course of his trade, he may remove them at any time during his tenancy, 
 may remove, provided they are not of larger growth than can be dealt with by him in 
 
 his trade as a nurseryman or gardener. (Wardell v. Usher, 3 Scott's New 
 
 Bep. 508.) 
 
 Digitized by Microsoft® 
 
PUfiCHASE DEEDS. 313 
 
 CONVEYANCE 
 BY TRUSTEES 
 UNDER 
 POWER IN 
 SETTLEMENT 
 AT REQUEST 
 
 FOR LIFE, 
 AND WITH 
 CONSENT OF 
 MORTGAGEE. 
 
 tively, have oot done or knowingly suffered, or Leon party 
 or privy to any act, deed, or thing whereby they are pre- 
 vented from making such revocation and appointment as are 
 hereinbefore contained, or whereby the hereditaments and ""^^'"^■^ 
 premises hereby appointed, or expressed so to be, or any of 
 them, or any part thereof, are, is, can, or may be incumbered : 
 And the said E. F. doth hereby for himself, his heirs, covenants 
 executors, and admmistrators, covenant with the said 1. K. tenant for 
 
 ,.,.,.„ , ,' life, and for 
 
 his heirs ami assigns. That notwithstanding any act, deed iToJuotion 
 
 ".' . .; ' of deeds. 
 
 or thing by the said E. F. done or knowingly suffered to the 
 contrary, the said A. B. and C. D. now have good right to ap- 
 point the hereditaments and premises hereby appointed, or 
 expressed so to be, to the use of the said I. K,, his heirs and 
 assigns, And, &c. (Covenants for title, supra, p. 219) (a). And 
 THE said E. F., so as to be liable during his life, and so as to 
 bind also, so far as he can, his successors in title, but so that 
 his own estate after his death shall not be answerable under 
 this covenant, doth hereby for himself, his heirs, executors, 
 administrators, and assigns, covenant with the said I. K., his 
 heirs and assigns, that he the said E. F., his successors in title 
 and assigns will, &c. (Covenants to produce deeds, supra, p. 304.) 
 In witness, &c. 
 
 (a) In this case E. ¥. is supposed to have been the settlor, as well as the 
 tenant for life, and therefore the covenants for title are in the ordinary fomi. 
 If the covenantor had not been the settlor, the following proviso should 
 have been introduced after the covenants for title : 
 
 " Provided always that as respects the reversion or remainder, Proviso 
 
 ■ PI • 1 Ti -n /> 1 • 1 when the 
 
 expectant on the life estate of the said E. F. of and in the covenantor 
 
 * 18 not the 
 
 hereditaments and premises hereby appointed and the title to settlor. 
 and further assurance of the said hereditaments after his 
 decease, his covenants hereinbefore contained shall not extend 
 to the acts, deeds, or defaults of any person or persons other 
 than and besides himself and his own heirs, and persons claim- 
 ing or to claim under or in trust for him, them, or any of them." 
 (SeelDart, V.&P. 502.) 
 
 Digitized by Microsoft® 
 
314 
 
 PURCHASE DEEDS. 
 
 No. LI. 
 
 CONVEYANCE • 
 
 CONVEYANCE of Freeholds hy the Tkustee of a 
 TMSTEE Bankrupt («.). 
 
 OF ' 
 
 °^'""'""- THIS INDENTURE, made, &c., Between A. B. of, &c. {cre- 
 ditors' trustee of the estate and effects of G. H. of, &c., under an 
 
 Proviaions 
 of Bank- 
 ruptcy Act, 
 1869. 
 
 Property 
 vests in 
 trustee on 
 appoint- 
 ment. 
 
 Estates tail 
 of bankrupt. 
 
 Powers. 
 
 Copyholds. 
 
 Power to 
 trustee, to 
 disclaim 
 land bur- 
 dened with 
 onerous 
 covenants, 
 
 (a) The Bankruptcy Act, 1861 (24 & 25 Vict. c. 134), was repealed by the 
 32 & 33 Vict. c. 83 as from the first of January, 1870, and the law of bank- 
 ruptcy from that date is regulated by the Bankruptcy Act, 1869 (32 & 33 
 Vict. c. 71), the 14th section of which provides that the creditors at a general 
 meeting shall by resolution appoint a person to fill the office of trustee of 
 the property of the bankrupt, or they may resolve to leave his appointment 
 to the committee of inspection, and shall by resolution appoint some other 
 persons, not exceeding five in number, and being creditors, to form a 
 committee of inspection, to superintend the administration by the trustee 
 of the bankrupt's property. The 15th section declares that the property 
 of the bankrupt divisible amongst the creditors shall comprise all such 
 property as may belong to or be vested in the bankrupt at the commencement 
 of the bankruptcy, or may be acquired by or devolve on him during its con- 
 tinuance, and also the capacity to exercise powers which the bankrupt might 
 have exercised for his own benefit at the commencement of or during the 
 bankruptcy, except the right of nomination to a vacant ecclesiastical benefice. 
 
 Until a trustee is appointed by the creditors, the registrar is to be the 
 trustee for the purposes of the Act. Upon the order of adjudication being 
 made, the property of the bankrupt is to vest in the registrar, and on the ap- 
 pointment of a trustee the property is to pass to and vest in the trustee, (s. 17.) 
 
 By the 83rd section it is provided that the creditors may if they think fit 
 appoint more persons than one to the office of trustee, and that every 
 vacancy in the office of trustee by death, resignation, or otherwise, shall be 
 filled up by the creditors in general meeting. 
 
 The 25th. section empowers the trustee to deal with any property to which 
 the bankrupt is beneficially entitled as tenant in tail in the same manner as 
 the bankrupt might have dealt with the same ; and declares that sections 
 D6 to 73 of the Fmes and Recoveries Act (3 & 4 Wm. IV. c. 74) shall 
 extend to proceedings in bankruptcy under the Act. The same section also 
 empowers the trustee to exercise any powers the capacity to exercise which 
 is vested in him under the Act, and to sell all the bankrupt's property 
 by public auction or private contract. 
 
 As to copyhold or customary property, or any like property passing by 
 surrender and admittance, the trustee is empowered to deal with the same 
 as if it had been capable of being and had been duly surrendered or other- 
 wise conveyed to such uses as the trustee may appoint, and any appointee 
 of the trustee is to be admitted accordingly, (s. 22.) 
 
 By the 23rd section it ia provided that when any property of the bank- 
 rupt acquired, by the trustee consists of land of any tenure burdened with 
 onerous covenants, of unmarketable shares in companies, of unprofitable 
 contracts, or of any other property that is unsaleable or not readily sale- 
 able, by reason of its binding the possessor to the performance of any 
 onerous act, or to the payment of any sum, the trustee may by writing 
 under his hand disclaim such property, and upon the execution of such 
 disclaimer the property disclaimed shall, if the same is a contract, be 
 deemed to be determined from the date of the order of adjudication, and 
 if the same is a lease, be deemed to be surrendered on the same date, and if 
 the same be shares in any company, be deemed to be forfeited from that 
 date, and if any other species of property, it shall revert to the persons en- 
 
 Digitized by Microsoft® 
 
PURCH^E DEEDS. 315 
 
 adjudication in the Court of Bankruptcy), of the one part, and cosveyance 
 C. D. of, &c, (purchaser), of the other part : Whereas by ti>™™e 
 an order of the London Court of Bankruptcy (or, as the case °""^'"'"'- 
 
 may be, the County Court of ), dated the day of , 
 
 the said G. H, was adjudged a bankrupt, and the said A. B. 
 
 ■was, on or about the day of , duly chosen trustee of 
 
 the estate and effects of the said bankrupt : And whereas the 
 hereditaments intended to be hereby granted were put up for 
 
 sale by public auction by the said A. B. on the day of 
 
 , accoi'ding to certain printed particulars : And whereas saie.by 
 
 the said C. D. bid at the said auction the sum of £ for the 
 
 said hereditaments, and was declared the purchaser thereof at 
 
 that price, and thereupon the said C. D. paid to the said A. B. JepSby' 
 
 the sum of £ by way of deposit in part payment of the i""''''"'^"- 
 
 said purchase money: NOW THIS INDENTURE WIT- 
 NESSETH, that, in pursuance of the said agreement, and in 
 consideration of the sum of £ so paid by way of deposit as ^0^'*^"'"' 
 
 titled on the determination of tlie interest of the bankrupt, yet so that any 
 person injnred under this section shall be deemed a creditor of the bankrupt 
 to the extent of such injury, and may accordingly prove the same as a debt 
 under the bankruptcy. (See ex parte, Llynvi Coal and Iron Company, 
 L. R. 7 C. A. 28 ; In re Wilson, L. R. 13 Eq. 168.) And if any person 
 interested applies to the trustee to decide whether he will disclaim or not, 
 he must do so within twenty-eight days, or such further time as may be 
 allowed hira by the Court, (s. 24.) If the trustee disclaims a lease, he 
 by so doing surrenders his right to remove the tenant's fixtures. (Jw re 
 Lavies, L. R. 7 Ch. D. 127.) 
 
 Under the 94th and 95th sections all payments, contracts, conveyances, Dealings 
 or dealings to or with a bankrupt made in good faith and for valuable con- with bank- 
 sideration before the date of the order of adjudication, with any person not ^J'^^i^" 
 having at the time of making such payment, &c., notice of any act of bank- of Act of 
 ruptcy committed by the bankrupt, and available against him for adjudi- bankruptcy. 
 cation, are to be valid notwithstanding any prior act of bankruptcy ; 
 and by the 78th section it is provided that until rules have been made 
 in pursuance of the Act, and so far as such rules do not extend, the prin- 
 ciples, practice, and rules on which Courts having jurisdiction in bank- 
 ruptcy have heretofore acted in dealing with bankruptcy proceedings shall 
 be observed by any Court having jurisdiction in bankruptcy cases under 
 the Act. 
 
 Before the Bankruptcy Act, 1869, the law of bankruptcy was principally Prorisions 
 regulated by the Bankruptcy Acts, 1849 and 1861 (12 & 13 Vict. c. 106 ; ^eforethe 
 24 & 25 Vict. c. 134), By section 117 of the Act of 1861, the real and per- aS, la'ii.'''' 
 sonal property of the bankrupt vested in the creditor's assignees by their 
 appointment ; and by section 127 they were directed to manage and (except 
 as therein named) to realise and recover the estate of the bankrupt, and 
 convert the same into money. As to the copyholds of the bankrupt, by 
 the Act of 1849, section 209, the Court was empowered to sell and by deed 
 enrolled in the Com-ts of the Manor to convey them and to authorise any 
 person on behalf of the Court of Bankruptcy to surrender the same for the 
 purpose of any purchaser being admitted thereto ; and by the Act of 1861 
 the Court was empowered to make vesting orders of the bankrupt's copy- 
 hold land. 
 
 Digitized by Microsoft® 
 
316 
 
 PURCHASE DEEDS. 
 
 CONVEYANCE 
 
 aforesaid, and also in consideration of the sum of £,- 
 
 Trustee 
 
 grants 
 
 parcels. 
 
 To 
 
 purchaser 
 iu fee. 
 
 Covenant 
 by trustee 
 against in- 
 cumbrances. 
 
 , on or 
 before the execution of these presents paid by the said C. D. to 
 
 . the said A. B., the receipt of which several sums of £, and 
 
 £ (making together the said purchase money of £ ), 
 
 the said A. B. doth hereby acknowledge, and from the same 
 doth hereby release the said C. D., the said A. B. doth hereby 
 grant unto the said C. D., and his heirs. All, &c. {parcels, 
 general ivords, and all the estate, dc.) : To hold the same 
 unto and to the use of the said C. D., his heirs and assigns fqr 
 ever : And the said A. B. doth hereby covenant with the 
 said C. D., his heirs and assigns, that the said A. B. hath not 
 at any time done, or knowingly suffered, or been party or privy 
 to any act, deed, or thing whereby he is prevented from grant- 
 ing the said hereditaments and premises in. manner aforesaid, 
 or whereby the same or any part thereof are, is, can, or may be 
 in anywise incumbered. 
 In witness, &c. 
 
 No. LII. 
 
 CONVEYANCE 
 BY TRUSTEE 
 OF 
 BANKRUPT 
 WITH CON- 
 CURRENCE 
 OF MORT- 
 QAOEE. 
 
 Paities. 
 
 CONVEYANCE of Freeholds by the Trustee of a 
 Bankrupt luith the Concurrence of Mortgagee, in 
 which the Bankrupt joins, to covenant for Title, dc. 
 
 THIS INDENTURE, made the - 
 
 day of 
 
 Between 
 
 0. P. of, &c. {mortgagee), of the first part, A. B. of, &c.' {creditors' 
 trustee of the estate and effects of E. F. of, dc. under an adju- 
 dication in the Court of Bankruptcy), of the second part, E. F. 
 of, &c. {bankrupt) of the third part, and G. H. of, &c. {purchaser), 
 of the fourth part {Recite mortgage from E. F. to 0. P. for 
 
 £ , and tliat principal sum is still due with interest from 
 
 a certain date amounting to £ , supra, p. 262, — adjudi- 
 cation of bankruptcy, and appointment of A. B. to he trustee. 
 Agreement suprd, p. 815) : And WHEREAS the said A. B. hath agreed with 
 the said G. H. for the absolute sale, &c. {Agreement for sale, 
 svprd, p 218.), — {Agreement that mortgagee shall be paid his 
 debt out of purchase money, suprd, p. 262) : And whereas 
 the said E. F. hath consented to join in these presents in 
 
 for sale. 
 
 Digitized by Microsoft® 
 
PURCHASE DEEDS. 317 
 
 manner hereinafter mentioned : NOW THIS INDENTURE conveyasce 
 
 BY TRUSTEE 
 
 WITNESSETH, that in pursuance of the said agreement, and t^^^°^^„^ 
 
 in consideration of the sum of £ , on or before the execu- cdr'^e^ce 
 
 tion of these presents to the said 0. P. paid by the said G. H., °cAOEr" 
 at the request and by the direction of the said A. B. (testified witnessing 
 by his being party to and executing these presents), the receipt p""*'. 
 whereof the said 0. P. doth hereby acknowledge, and from the tion. 
 same doth hereby release as well the said A. B. and E. F. 
 respectively, as also the said G. H., and also in consideration of 
 
 the sum of £ , at the same time paid by the said G. H. 
 
 to the said A. B. (the payment and receipt of which sums 
 
 of £ and £ respectively, in manner aforesaid, making 
 
 together the said purchase money of £ , the said A. B. 
 
 doth hereby acknowledge, and from the same doth hereby re- 
 lease the said G. H.), he the said 0. P., at the request and by Mortgagee, 
 
 . trustee, and 
 
 the direction of the said A. B. and E. F. (testified as aforesaid), tankmiit 
 
 * . ^ convey. 
 
 doth hereby grant and release, and the said A. B. doth hereby 
 grant, and the said E. F. doth hereby confirm unto the said 
 G. H., and his heirs, All, &c. (parcefe, general icords, all the Parcels. 
 estate, dc): To hold the same unto and to the use of theToiw- 
 said G. H., his heirs and assigns for ever, absolutely freed and fee?*"^ " 
 
 discharged from the said mortgage debt of £ ,' and all 
 
 interest for the same, and all claims and demands in respect 
 thereof {Covenants by 0. P- and A. B. with G. H. against 
 incumbrances, see suprd, p. 300) : And the said E. F. doth covenants 
 hereby covenant with the said G. H., his heirs and assigns, for titie. 
 That notwithstanding any act, deed, or thing by the said E. F., 
 or any of his ancestors, done or executed, or knowingly suffered 
 to the contrary, the said 0. P., A. B., and E. F. respectively, 
 now have good right to grant or otherwise assure the heredita- 
 ments and premises hereby granted or otherwise assured, or 
 expressed so to be, unto and to the use of the said G. H., his 
 heirs and assigns, in manner aforesaid : And that, &c. (Cove- 
 nants for quiet enjoyment, freedom from incumbrances, and for 
 further assurance, suprd, pp. 219, 263). 
 
 Digitized by Microsoft® 
 
318 PURCHASE DEEDS. 
 
 No. LIII. 
 APPOINT- APPOINTMENT of Copyholds hy the Teustee of a 
 
 OF COPY- Bankrupt. 
 
 HOLDS BY 
 
 TRUSTEE OF 
 BANKRUPT. 
 
 THIS INDENTURE, made the day of , Between 
 
 Parties. ^ g ^f^ ^^_ {creditors' trustee of G. H. of, do. a bankrupt), of 
 
 the one part, and C. D. of, &c. (purchaser), of the other part : 
 
 Ssto rf' Whereas the said G. H. was at the date of his bankruptcy 
 
 oopyi™Ms°' hereinafter mentioned seised of or entitled to the copyhold 
 
 hereditaments intended to be hereby appointed for a customary 
 
 estate of inheritance, according to the custom of the manor of 
 
 , at and under the rents, heriots, suits, and services therefor 
 
 and a™'"'"'' ^uo and of right accustomed : And whereas, &c. {Recite 
 of touS. order of adjudication and appointment of A. B. to he trustee, 
 Agreement guprd, p. 315) : And WHEREAS the Said A. B. as such trustee 
 as aforesaid has agreed with the said C. D. for the abso- 
 lute sale to him of the copyhold hereditaments, and the cus- 
 tomary inheritance thereof, free from incumbrances, except 
 the accustomed rents, heriots, suits, and services, at the price 
 wtoessing ^jf £ . ^Q^ rpjjjg INDENTURE WITNESSETH, that 
 
 in pursuance of the said agreement, and in consideration, &c., 
 the receipt whereof the said A. B. doth hereby acknowledge, 
 and from the same doth hereby release the said C. D., the said 
 apirainta ^- ^- ^^ exercise of the power for this piirpose vested in him 
 to^prchaser Under the Bankruptcy Act, 1869, and of all other powers (if 
 ™ ^^' any) him hereunto enabling. Doth hereby appoint that All 
 THAT {parcels as described in the Court Rolls), to all which here- 
 ditaments hereinbefore described, the said G. H. was admitted 
 
 tenant at a court holden in and for the said manor on the 
 
 day of . Together with, &c. {general words), shall hence- 
 forth go, remaki and be To the use of the said C. D., his heirs 
 and assigns, at the will of the lord, according to the custom of 
 the said manor, at and under the rents, heriots, suits, and 
 Covenant by gervicos thorefor due and of right accustomed : And the said 
 against in- A. B. doth hereby covenant with the said C. D., his heirs and 
 
 cumDrauces. *' . ' 
 
 assigns, that he the said A. B. hath not at any time hereto- 
 fore done or knowingly suffered, or been party or privy to any 
 act, deed, or thing whereby he is prevented from appointing the 
 
 Digitized by Microsoft® 
 
PUKCHASE DEEDS. 319 
 
 said copyhold hereditaments and premises in manner aforesaid ap™"-!- 
 
 , , - 1 ' MENT 
 
 or Whereby the same, or any part thereof, are, is, or may be in °^ ''°''^- 
 anywise incumbered. trustee or 
 
 ■' BANKRUPT. 
 
 In witness, &c. 
 
 No. LIV. 
 
 ASSIGNMENT of Leaseholds hy the Trustee of a^sionment 
 a Bankrupt. "o^™ b^ 
 
 THE TRUBTEE 
 OF A 
 
 THIS INDENTURE, made the day of , Between °*"'^""'^- 
 
 A. B. of, &c. {creditors' trustee of a bankrupt), of the one part, 
 
 and 0. D. of, &c. {purchaser), of the other part : Whereas by Recite lease 
 
 an indenture of lease dated the day of , and made 
 
 between G. H., of the one part, and the said 0. P., of the other 
 part, all that messuage or tenement, &c. {parcels as described 
 in the lease), were demised by the said G. H. unto the said 
 
 0. P., his executors, administrators, and assigns, from the 
 
 day of then last past, for the term of years, at the 
 
 yearly rent of £ , and subject to the covenants and con- 
 ditions in the said indenture of lease contained, and on the part 
 of the lessee, his executors, administrators, and assigns, to be 
 observed and performed : {Recite adjudication in bankruptcy 
 against 0. P., and appointment of trustee, supra, p. 315) : And ^^^^"' 
 WHEREAS the said A. B. as such trustee as aforesaid hath y^^Se'"^' 
 agreed with the said C. D. for the absolute sale to him of the 
 hereditaments and premises comprised in the said indenture of 
 
 lease for the residue of the said term of years at the 
 
 said yearly rent and subject to the covenants and conditions 
 aforesaid, but free from all other incumbrances, at the price 
 
 of £ : NOW THIS INDENTURE WITNESSETH, that 
 
 in pursuance of the said agreement, and in consideration, &c., 
 the receipt whereof the said A. B. doth hereby acknowledge, 
 and from the same doth hereby release the said C. D., the said 
 A B. doth hereby assign unto the said C. D., his executors, Trustee 
 
 ' m 1 ■ assigns 
 
 administrators, and assigns, The messuage and premises com- ^^^^^^"^'J;'^' 
 nri'spd in and demised by the hereinbefore recited indenture of of term to 
 
 f "'"^" '" •' . , . - purchaser. 
 
 lease, or expressed so to be, And all the estate, right, title, 
 interest, claim, and demand whatsoever of the said A. B. in, to, 
 
 Digitized by Microsoft® 
 
320 
 
 PURCHASE DEEDS. 
 
 ASSIONJtENT 
 OF LEASE- 
 HOLDS BY 
 THE TRUSTEE 
 OF A 
 BANKRUPT. 
 
 and upon the said premises and every part thereof, To HOLD 
 the same unto the said C. D., his executors, administrators, and 
 assigns, for all the residue now unexpired of the said term of 
 
 years, at the rent reserved by the said indenture of lease, 
 
 and under and subject to the covenants and conditions in the 
 same indenture contained, and which henceforth on the part of 
 the lessee, his executors administrators, or assigns, ought to be 
 ^•J^™°™*i'y observed and performed: And the said A. B. doth hereby 
 mmbrlnoes ^°^' himself, his heirs, executors, and administrators, covenant 
 with the said C. D., his executors, administrators, and assignsj 
 that he the said A. B. hath not at any time heretofore done 
 or knowingly suffered or been party or privy to any act, deed 
 or thing, whereby he is prevented from assigning the said lease- 
 hold premises in manner aforesaid, or whereby the same, or any 
 part hereof, are, is, can, or may be, in anywise incumbered (a). 
 In witness, &c. 
 
 No. LV. 
 
 CONVEYANCE 
 OF ESTATE 
 
 TAIL IN 
 POSSESSION 
 BY TRUSTEE 
 
 OF 
 BANKRUPT. 
 
 Parties. 
 
 Recite 
 creation of 
 estate tail. 
 
 Death of 
 tenant for 
 Jifo. 
 
 CONVEYANCE hy the Trustee of a Bankrupt of a 
 Freehold Estate to which he ivas entitled for an 
 Estate tail in possession. 
 
 day of 
 
 Between 
 
 ' THIS INDENTURE, made the - 
 A. B. of, &c. {trustee), of the one part, and C. D. of, &c. (pur- 
 chaser), of the, other part: Whereas by an indenture dated 
 the day of , and made between (parties), the here- 
 ditaments hereinafter described and intended to be hereby 
 granted were limited to the use of L. M. for his life, and after 
 his decease to the u,se of N. O. and the heirs male of his body : 
 
 And whereas the said L. M. died on the day of : 
 
 And whereas (recite adjudication of bankruptcy against 
 N. 0., and appointment of trustee. — Sale hy auction and 
 payment of deposit, supra, p. 315) : NOW THIS INDEN- 
 
 (a) On the sale of leaseholds by the trustee of a bankrupt, the purchaser 
 cannot be required to enter into a covenant to indemnify him or the bank- 
 rupt againnt the payment of the rent, and the observance of the covenants 
 contained in the lease, such a covenant being unnecessary, as the liability 
 ceases on the assignment. (Wilkins v, Fry, 1 Mer. 265.) 
 
 Digitized by Microsoft® 
 
POECHASE DEEDS. 321 
 
 TURE WITNESSETH that in pursuance of the said agreement ''°'"^^>'^°^- 
 
 - , . , * O J OF ESTATE 
 
 and m consideration, &c., the said A. B., as such trustee as pogsSsIoN 
 aforesaid, doth by this deed, which is intended to be enrolled ^' ™™™^- 
 in the Court of Chancery, pursuant to.the statute in that behalf, °^'""'""- 
 grant unto the said C. D. and his heirs. All, &c. (parcels, '^^the 
 general words, and all the estate, d-c.) To hold the same unto p',^cta^er m 
 and to the use of the said C. D., his heirs and assigns for ever, ^"^' 
 absolutely freed and discharged from the said estate tail of the 'f"" ^^^ 
 
 • J TVT /-\ 111 -1 *"" """^ 
 
 said JN . (J. and all remainders, estates, and powers to take effect "•eminders 
 
 fx T_ 1 • • over. 
 
 after the determination or in defeasance of such estate tail 
 (Covenant by A. B. with C. D. against incumbrances, supra, 
 p. 316). 
 In witness, &c. 
 
 No. LVI. 
 
 CONVEYANCE by the Trustee of a Bankrupt of a convetakce 
 Freehold Estate to which he ti-as entitled for an ^]J%"j^k-'' 
 
 -ri • RUPTC\' OK 
 
 Estate tail in remainder. base fee. 
 
 THIS INDENTURE, made the day of , Between Parties. 
 
 A. B. of, &c. (trustee), of the one part, and C. D. of, &c. (pur- 
 chaser), of the other part : Whereas by an indenture dated, Recite 
 &c., and made between (parties), the hereditaments hereinafter estate taii. 
 described and intended to be hereby granted, were limited to 
 the use of L. M. for his life, and after his decease to the use 
 of N. 0. and the heirs male of his body : And whereas (Recite 
 adjvdication of bankruptcy against N. 0., and appointment 
 of A. B. as trustee, supra, p. 315) : And whereas the said ^gr^ment 
 A. B., as such trustee as aforesaid, hath agreed with the said ai'^sefeein 
 
 ' ' o tjie estate. 
 
 C. D. for the sale to him of the benefit of a base fee in the said 
 hereditaments, at the price of £ : NOW THIS INDEN- 
 TURE WITNESSETH that in consideration of the sum of 
 
 £ , to the said A. B. now paid by the said C. D. (the receipt, 
 
 dec). He the said A. B. as such trustee as aforesaid, doth, by 
 this deed, which is intended to be enrolled in the Court of 
 Chancery pursuant to the statute in that behalf, grant unto the 
 said C. D., and his heirs. All, &c. (parcels, general words, Tru5tee 
 
 grants the 
 VOL. I. Y 
 
 Digitized by Microsoft® 
 

 PURCHASE DEEDS. 
 
 CONVEYANCE 
 
 BY TRUSTEE 
 
 IN BANK- 
 
 :ruptcy of 
 
 BASE FEB. 
 
 estate to the 
 purchaser. 
 
 Discharged 
 from the 
 estate tail, 
 and to the 
 intent that 
 the same 
 may be con- 
 vorted into 
 a base fee. 
 
 and all the estate, dc.) : To HOLD the same, unto and to the 
 use of the said C. D., his heirs and assigns, freed and discharged 
 from the said estate tail of the said N. 0., and to the intent 
 that the same may be hereby converted into a base fee, and 
 also that the said 0. D., his heirs and assigns, may have the full 
 benefit and enjoyment of such base fee in the same heredita- 
 ments and premises (Covenant by A. B. tvith C, D. against 
 incumbrances, suprd, p. 316). 
 In witness, &c. 
 
 No. LVII. 
 
 CONVEYANCE 
 
 OF 
 FREEHOLDS 
 BY TRUSTEE- 
 UNDER 
 LKJDIDA- 
 TION. 
 
 Parties. 
 
 Recite that 
 at meeting 
 of creditors 
 it was 
 resolved to 
 wind up 
 affairs by 
 arrange- 
 ment. 
 
 CONVEYANCE of Freeholds of a Debtor by a Trustee 
 APPOINTED under the Liquidation Provisions in the 
 Bankruptcy Act, 1869 (a). 
 
 THIS INDENTUEE, made the 
 
 day of 
 
 Between 
 
 Registration 
 of special 
 resolution. 
 
 A. B., of, &c. (trustee), of the one part, and C. D., of, &c. (pur- 
 chaser), of the other part : Whereas G. H., of, &c., being 
 unable to pay his debts, in pursuance of the provisions in that 
 behalf contained in the Bankruptcy Act, 1869 summoned a 
 general meeting of his creditors with a view to having his 
 affairs liquidated by arrangement, and at such general meeting, 
 
 which was duly held on the day of in accordance 
 
 with such provisions, the sta.tutoiy majority of the creditors of 
 the said G. H. resolved that his affairs should be liquidated by 
 arrangement and not in bankruptcy, and that the said C. D. 
 should be, and he was thereby appointed trustee, under and for 
 the purposes of such liquidation, without a committee of in- 
 spection : And whereas the said special resolution was duly 
 
 registered on the day of , in accordance with the 
 
 provisions of the said Act in this respect (Recite sale by auction 
 and payment of deposit by purchaser. Conveyance by trustee 
 to purchaser, and covenant by trustee against incumbrances 
 suprd, pp. 315, 316). 
 In witness, &c. 
 
 (») See 32 & 33 Vict. c. 71, sec. 125. 
 
 Digitized by Microsoft® 
 
PURCHASE DEEDS. 323 
 
 No. LVIIT. 
 
 CONVEYANCE of Freeholds hy Devisees in Trust contetance 
 under a Will in exercise of the Power of Sale onder w. 
 
 . . _ /.,m TAMENTARY 
 
 vested m them under a Charge of the Testator s charge of 
 
 _-. debts. 
 
 Real Estate with payment of his Debts (a). 
 
 THIS INDENTURE, made the day of , Between parties. 
 
 A. B. of, &c., and C. D. of, &c. {vendors), of the one part, and 
 E. F. of, &c. {purchaser), of the other part: Whereas, X. Y. neeitcwiu 
 late of, &c., deceased, duly made his will, dated, &c., and reaf Mtlto 
 thereby, after charging his real estate with the payment of his with testa- 
 debts, he devised and bequeathed all his real and personal estate 
 and effects unto and to the use of the said A. B. and C. D., their 
 heirs, executors, administrators and assigns, upon the trusts 
 therein declared concerning the same, and appointed G. H. sole 
 executor of his said will : And whereas the said testator died Death of 
 
 on the day of without having altered or revoked his probate o" 
 
 said will, and such will was duly proved by the said G. H., on the 
 
 day of in the principal Registry of the Probate division 
 
 of the High Court of Justice : And whereas the hereditaments 
 hereinafter described and intended to be hereby assured form 
 part of the real estate devised by the said recited will : And 
 WHEREAS, in exercise of the power of sale vested in them the Agreement 
 said A. B. and C. D. in viiiue of the said X. Y, having by his t/exercTse" 
 said will charged his real estate with the payment of his debts saie."^" 
 as aforesaid, they the said A. B. and C. D. have agreed with the 
 said E. F. for the absolute sale to him of the hereditaments 
 
 (a) If a testator charges his real estate, or any part thereof, with the pay- Persons 
 ment of his debts, and then devises the same for his whole interest therein entitled to 
 to trustees, the trustees can alone sell such property under the trust or charge of 
 power created by the charge of debts. But if a testator does not devise such debts, 
 real estate so as to vest his whole interest therein in trustees, the executors 
 will be the persons to sell under the charge of debts, and their conveyance 
 will pass the legal as well as the equitable estate. (See 22 & 23 Vict. c. 35, 
 ss. 14—17.) 
 
 If, however, a testator charges his real estate, or any part thereof, with the 
 payment of his debts, and then devises the same for his whole interest 
 therein to a devisee for his own benefit, then, although the property may 
 be also charged by the will with annuities and legacies, the devisee can 
 confer a good title upon a purchaser without the concurrence of the 
 annuitants or legatees, for the trust or power created by the charge of 
 debts must override and be paramount to every beneficial gift or charge. 
 (Eland v. Eland, 4 My. & Cr. 420 ; Forbes v. Peacock, 1 Ph. 717 ; Waiters 
 on the Trustee Acts, p. 211 ; 22 & 23 Vict. c. 35, s. 18.) When the bene- 
 ficial devisee and executor are different persons it is still undecided whether 
 the beneficial devisee can make a good title without the executor, but the 
 better opinion seems to be that he can. (Corser v. Cartwright, L. R, 
 7 H. L. 731.) 
 
 T 2 
 
 Digitized by Microsoft® 
 
324 PURCHASE DEEDS. 
 
 bHetoe'S hereinafter described and intended to be hereby assured, and 
 ?!mentS the inheritance thereof in fee simple in possession, free from 
 
 '"."™.°' incumbrances, at the price of £ : NOW THIS INDEN- 
 
 TURE WITNESSETH, that in pursuance of the said agree- 
 ment, and in consideration of the sum of £ to the said A. B . 
 
 and C. D., now paid by the said E. F., the receipt whereof the 
 
 said A. B. and C. D. do hereby acknowledge, and from the same 
 
 Devisees sell do hei^by release the said E. F-., They the said A. B. and C. D. 
 
 parcels to do hereby grant and sell unto the said E. F. and his heirs. All, 
 
 ill fee. &c. {parcels, general words — all the estate, <f c). To hold the 
 
 same unto and to the use of the said E. F., his heirs and 
 
 assigns for ever {Covenants by A. B. and C. D., against incum- 
 
 hrances, supra, p. 300). 
 
 In witness, &c. 
 
 No. LIX, 
 
 CONVEYANCE CONVEYANCE of Freeholds hy Executors in Exer- 
 EXEcoTOEs ciSE of the Power of Sale vested in them under a 
 
 UNDER TES- ^ ^ , «■« » t^ t-i • i 
 
 TAMENTARY Charge of tliB Testatoe s Real Estate with pay- 
 
 CHABOE OF /. T-v 
 
 pEBTs. ment of his Debts. 
 
 Parties. THIS INDENTURE, made the day of , Between 
 
 A. B., of, &c. and C. D. of, &c. {vendors), of the one part 
 
 Eecitewiii and E. F. of, &c. {purchaser), of the other part: Whereas 
 
 real estate X. Y., late of, &c., duly made his will, dated, &c., and thereby, 
 
 debts"' after charging his real estate with the payment of his debts, he 
 
 devised such real estate unto G. H. for his life, with remainder 
 
 to all the children of G. H. who being a son or sons should attain 
 
 the age of twenty-one years, and being a daughter or daughters 
 
 should attain that age or marry and their heirs and assigns in 
 
 eqiial shares, and appointed the said A. B. and C. D. executors 
 
 Agreement of his said will {Death of testator and probate of his will) : And 
 
 by executors . . „ , „ , ■, 
 
 to exercise WHEREAS in exercise of the power of sale now vested in the said 
 
 power of '■ 
 
 sale. ^ B. and C. D., as such executors as aforesaid in virtue of the 
 
 said X. Y. having by his said will charged his real estate with 
 the payment of his debts, they the said A. B. and C. D., as such 
 executors as aforesaid, have agreed with the said E. F. for the 
 absolute sale to him of the hereditaments hereinafter described 
 and intended to be hereby assured (which hereditaments form 
 part of the real estate devised by the said recited will), and the 
 inheritance thereof in fee simple in possession, free from incum- 
 
 Digitized by Microsoft® 
 
PURCHASE DEEDS. 325 
 
 brances, at the price of £, : NOW THIS INDENTURE ^o^vevance 
 
 WITNESSETH, that in pursuance of the said agreement, and ^^^™^. 
 
 in consideration of the sum of £ to the said A. B. and p^fj™!*":: 
 
 C. D., as such executors as aforesaid now paid by the said ''^°'"- 
 E. F., the receipt whereof the said A. B. and C. D. do hereby Jj"™''''"'- 
 acknowledge, and from the same do hereby release the said Exccutora 
 E. R, the said A. B. and C. D. as such executors as aforesaid, parcels to 
 do hereby grant and sell unto the said E. F. and his heirs. All, ^"^ '*""^' 
 &c. : ( parcels, general wordu) : To hold the same unto and to •- 
 the use of the said E. F., his heirs and assigns for ever {Covenant 
 by A. B. and C. D. against incumbrances, supra, p. 300). 
 In witness, &c. 
 
 No. LX. 
 
 THIS INDENTURE, made, &c.. Between the Company, 
 
 Limited, hereinafter called " the said Company" (vendors), of the 
 
 CONVEYANCE of Fbeeholds by the Liquidators 0/ a conyetahce 
 Joint-Stock Company, Limited. bU^^by 
 
 THE 
 
 LIQUIDATORS 
 
 OF A JOINT 
 
 STOCK 
 
 COMPANY, 
 
 first part, A. B. of, &c., C. D. of, &c., and E. F. of, &c. {liqui- """"'■ 
 dators), of the second part, and G. H. of, «&;c. {purchaser), of ^'"*"'- 
 the third part : Whereas by an indenture, dated, &c., and Recite con- 
 made between of the one part and the said Company of company!" 
 
 the other part, the hereditaments intended to be hereby assured, 
 with their appurtenances, were conveyed and assured unto and 
 to the use of the said Company their successors and assigns for 
 ever : And whereas at an extraordinary meeting of the share- Extmordi- 
 holders of the said Company, duly convened and held at the hTg^c'r^* 
 
 Hotel, in the City of London, on the day of , '"""^*''^- 
 
 and at a subsequent extraordinary meeting of shareholders also 
 
 duly convened and held at the said Hotel on the day of 
 
 the following special resolution was duly passed and con- Resolution 
 
 firmed, namely, that the said Company be wound up voluntaiily pany should 
 under section 129 of "the Companies' Act, 1862," and that the "p- 
 said A. B., C. D., and E. F. be appointed liquidators of the said men? of 
 Company ; And whereas notice of the said special resolution '^'" " "' 
 
 was duly inserted in the London Gazette of the day of 
 
 : And whereas the said A. B., C. D., and E. F. (herein- Agreement 
 
 ... . for sale. 
 
 after called " the said liquidators ") for and on behalf of the said 
 Company have agi-eed with the said G. H. for the absolute sale 
 to him of the hereditaments intended to be hereby assured, and 
 the inheritance thereof in fee simple in possession free from 
 
 Digitized by Microsoft® 
 
326 
 
 PURCHASE DEEDS. 
 
 CONVEYANCE 
 OF FREE- 
 HOLDS BY 
 THE 
 LIQUIDATORS 
 OF A JOINT 
 STOCK 
 COMPANY, 
 LIMITED. 
 
 Considera- 
 tion. 
 
 incumbrances, at the price of £- 
 
 The 
 
 company 
 appoints 
 and grants 
 parcels. 
 
 To 
 
 purchaser 
 in fee. 
 Covenant 
 by com- 
 pany. 
 
 For right to 
 convey. 
 
 For quiet 
 enjoyment. 
 
 Free from 
 incum- 
 brances, 
 
 and for 
 further 
 assurance. 
 
 . NOW THIS INDEN- 
 TUKE WITNESSETH, that in pursuance- of the said agree- 
 ment, and in consideration of the sum of £ to the said 
 
 Company by the hands of the said liquidators paid by the said 
 G. H. on or before the execution of these presents (the receipt 
 
 of which said sum of £ the said Company and also the 
 
 said liquidators do hereby acknowledge, and from the same do 
 hereby release the said G. H.) the said Company do hereby 
 appoint and grant and the said liquidators do hereby confirm 
 unto the said G. H. and his heirs All, &c. {parcels, general 
 tvords, and all the estate, &c.) To hold the same unto and to 
 the use of the said G. H., his heirs and assigns for ever. And 
 THE SAID Company do hereby for themselves and their suc- 
 cessors covenant with the said G. H., his heirs and assigns, That 
 notwithstanding anything by the said Company done or know- 
 ingly suffered to the contrary, the said Company now have 
 good right to assure the said hereditaments and premises unto 
 and to the use of the said G. H., his heirs and assigns, in manner 
 aforesaid : And that the said G. H., his heirs and assigns, 
 shall at all times hereafter quietly possess and enjoy the said 
 hereditaments and premises, and receive the rents and profits 
 thereof, without any lawful eviction, interruption, claim, or 
 demand whatsoever, from or by the said Company, or any 
 person rightfully claiming from under or in trust for the said 
 Company : And that free from all incumbrances whatsoever 
 made, occasioned, or suffered by the said Company, or any 
 person rightfully claiming as aforesaid ; And further that the 
 said Company, and all persons rightfully claiming as aforesaid, 
 shall and will from time to time and at all times hereafter, at 
 the request and cost of the said G. H., his heirs and assigns, do 
 and execute or cause to be done and executed all such acts, 
 deeds, and things for further and more perfectly assuring the 
 said hereditaments and premises, and every part thereof, unto 
 and to the use of the said G. H., his heirs and assigns, as shall 
 or may be reasonably required. In WITNESS whereof the said 
 liquidators have caused the common seal of the said Company 
 to be attached to these presents, and the parties hereto other 
 than the Company have hereunto set their hands and seals, the 
 day and year first above written (a). 
 
 {a) The receipt for the purchase-money "to be indorsed on the conveyance 
 should be in the following form, and should be signed by the liquidators or 
 
 two of them : — " Eeceived for and on behalf of the Company, Limited 
 
 the sum of ^ — -.being the consideration money within expressed to be 
 paid to the said Company," 
 
 Digitized by Microsoft® 
 
PURCHASE DEEDS. 327 
 
 No. LXI. 
 
 CONVEYANCE by the Administrator of a Convict o/ a convetascb 
 Freehold Estate, to which he was Entitled at the teator'of' 
 DATE of his Conviction (a). property. 
 
 THIS INDENTURE, made the day of , Between Parties. 
 
 A. B. of, &c. (administrator), of the one part, and C. D. of, &c. 
 (purchaser), of the other part : Whereas G. H. was convicted Recite con- 
 
 of felony at the assizes held at in the month of last, judgment 
 
 and judgment of penal servitude was duly recorded against him servitude. 
 by the Court of ; And whereas Her Majesty, by writing Appoint- 
 
 •' J J> J o mentofad- 
 
 under her royal sign manual, dated the day of , miniatrator. 
 
 pursuant to the provisions for this purpose contained in an Act 
 of Parliament passed in the 33rd and 34th years of Her present 
 Majesty, intituled "An Act to abolish forfeitures for treason 
 and felony, and otherwise amend the law relating thereto/' 
 committed the custody and management of the property of the 
 said convict to the said A. B. as the administrator thereof: 
 And whereas the said A. B. as such administrator as afore- Agreement 
 said, pursuant to the power for this purpose vested in him by 
 the said Act, hath agreed with the said C. D. for the sale to 
 him of the freehold hereditaments hereinafter described, and 
 intended to be hereby granted (which hereditaments form 
 part of the property to which the said G. H. was entitled at 
 the date of his conviction as aforesaid), and the inheritance 
 thereof in fee simple in possession, free from incumbrances, at 
 the price of £ : NOW THIS INDENTURE WIT- 
 NESSETH, that in pursuance of the said agi-eement and in 
 
 consideration of the sum of £ to the said A. B. as such 
 
 administrator as aforesaid now paid by the said C. D. (</ie Admiuistra- 
 receipt, dc), he the said A. fi. as such administrator as afore- fteeMd*^ " 
 said doth hereby grant, sell, and convey unto the said C. D. and ot'Thl ^^^ 
 his heirs. All, &c. (parcels, general words, and all the estate, p??^rty, 
 dc.) To hold the same unto and to the use of the said C. D., ^p-mhas 
 his heirs and assigns for ever {Covenant by A. B. with C. D. 
 against incumbrances, suprd, p. 316). 
 In witness, &c. 
 
 (a) See suprd, p. 193. 
 
 Digitized by Microsoft® 
 
328 
 
 PURCHASE DEEDS. 
 
 No. LXII. 
 
 OF UPE 
 ESTATE IN 
 FREEHOLDS. 
 
 Recite will 
 under which 
 vendor is 
 seised for 
 his life. 
 
 Agreement 
 for sale of 
 life estate. 
 
 Witnessing 
 part. 
 
 Considera- 
 tion. 
 
 Vendor 
 grants life 
 estate 
 
 to purchaser 
 in fee. 
 
 Covenant 
 hy vendor 
 
 for right to 
 grant, 
 
 for quiet 
 enjoymentj 
 
 free from 
 
 incum- 
 
 hrances, 
 
 and for 
 further 
 assui'ance. 
 
 CONVEYANCE of a Life Estate in Freeholds, . 
 
 THIS INDENTURE, made, &c.. Between A. B. of, &c, 
 {vendor), of the one part, and C. D. of, &c. (purchaser), of the 
 other part : Whereas under or by virtue of the will of X. Y., 
 
 late of , deceased, dated, &c., the said A. B. is seised of the 
 
 hereditaments hereinafter described, and their appurtenances, 
 for an estate during his life without impeachment of waste : 
 And whereas the said A. B. hath agreed with the said C. D. 
 for the absolute sale to him of the said estate for life of him the 
 said A. B., in the hereditaments hereinafter described, and their 
 appurtenances, at the price of £ : NOW THIS INDEN- 
 TURE WITNESSETH, that in pursuance of the said agi-ee- 
 
 ment, and in consideration of the sum of £ now paid to the 
 
 said A. B. by the said C. D. (the receipt, dtc), he the said A. B. doth 
 hereby grant unto the said C. D. and his heirs, All, &c. (parcels, 
 general words, and all the estate, dc.) : To hold the same unto 
 and to the use of the said C. D., his executors, administrators, 
 and assigns, for all the remainder of the life of the said A. B. : 
 And the said A. B. doth hereby for himself, his heirs, exe- 
 cutors, and administrators, covenant with the said C. D., his 
 executors, administrators, and assigns. That notwithstanding 
 any act, deed, or thing by the said A. B., or by the said X. Y. 
 the testator, done or executed, or knowingly suffered to the 
 contrary, the said A. B. now hath good right to grant the said 
 hereditaments and premises in manner aforesaid : And that 
 the said C. D., his executors, administrators, and assigns, shall 
 and may at all times hereafter during the life of the said A. B. 
 peaceably and quietly possess and enjoy the said hereditaments 
 and premises, and receive the rerrts and profits thereof, without 
 any lawful eviction, interruption, claim, or demand whatsoever, 
 from or by the said A. B. or any person rightfully claiming 
 from, under, or in tnist for him, or from or under the said 
 X. Y. : And that free from all incumbrances made or suffered 
 by the said A. B. or by the said X. Y., or any person rightfully 
 claiming as aforesaid : And further that the said A. B., and 
 all persons rightfully claiming as aforesaid, shall and will from 
 time to time, and at all times hereafter during the life of the 
 said A. B., at the request and cost of the said C. D., his exe- 
 
 Digitized by Microsoft® 
 
PURCHASE DEEDS. 329 
 
 cutors, administrators, or assigns, do and execute, or cause to °^ "™ 
 
 _ J " ' ESTATE IK 
 
 be done and executed, all such acts, deeds, and things what- "■™g°'-°°- 
 soever, for further and more perfectly assuring the said here- 
 ditaments and premises and every part thereof unto the said 
 C. D., his executors, administrators, and assigns, in manner 
 aforesaid, as shall or may be reasonably required. 
 In witness, &c. 
 
 No. LXIII. 
 
 CONVEYANCE 
 
 CONVEYANCE hy Tenant for Life ani Remainderman. "Z^Yft^J 
 THIS INDENTURE, made, &c.. Between A. B. of, &c. {tenant remmndeb- 
 
 for life), of the first part, C. D. of, &c. (remainderman), of the '■ — 
 
 second part, and E. F. of, &c. (purchaser), of the third part : 
 Whereas under or by virtue of the will of X. Y., late of, &c., o/vendors! 
 deceased, dated, &o., and an indenture dated, &c., and made, 
 &c., and duly enrolled in the Court of Chancery as a disen- 
 tailing assurance, the said A. B. is seised of the hereditaments 
 intended to be hereby granted for an estate during his life 
 without impeachment of waste, and the said C. D. is seised of 
 or entitled to the same hereditaments for an estate of inherit- 
 ance in fee simple in remainder expectant on the said life j^g,.oe,„ent 
 estate of the said A. B. : And whereas the said A. B. and ''"'''"''''• 
 C. D. have agreed with the said E. F. for the absolute sale to 
 him of the hereditaments intended to be hereby granted, and 
 the inheritance thereof in fee simple in possession, free from 
 incumbrances, except tlie succession duty (if any), to become 
 payable on the death of the said A. B. (a), at the price witnessing 
 
 of £ : NOW THIS INDENTURE WITNESSETH, p^"^- 
 
 that in pursuance of the said agreement, and in consideration T^n^ntfof 
 of the sum of £ to the said A. B. and C. D. now paid by "'^ ""i 
 
 (a) See supra, p. 99, note. If however it is arranged, that the duty shall Recital 
 be paid in advance, the words " except the succession duty," &c., will be ^g^|[onQ^ty 
 omitted in the above recital, and the following recital will be inserted : paid in 
 
 advance, 
 
 "And whereas the succession duty which will become payable 
 for or in respect of the said hereditaments upon the decease of 
 the said A. B., has before the execution of these presents been 
 compounded for and satisfied in advance, under the provisions 
 in that behalf contained in the "Succession Duty Act, 1853." 
 
 Digitized by Microsoft® 
 
330 PURCHASE DEEDS. 
 
 CONVEYANCE 
 BY TENANT 
 FOB LIFE 
 AND 
 REMAINDER- 
 MAN. 
 
 remamder- 
 man. 
 
 the said E. F. {the receipt, dc), he the said A. B,, as to his 
 estate for life in the hereditaments intended to be hereby 
 granted, and the said 0. D., as to his estate in fee simple in 
 remainder expectant on the said life estate of the said A. B. in 
 the said hereditaments, do hereby respectively grant nnto, &c. 
 convey to (Grant of freeholds to E. F. in fee, suprd, p. 218) : To HAVE 
 m^ee.*'^"^ AND TO HOLD the hereditaments and premises hereby granted' 
 or expressed so to be, unto and to the use of the said E. F., his 
 heirs and assigns for ever, subject to the succession duty (if 
 any), to become payable on the decease of the said A. B. : 
 Covenants And THE SAID A. B., as to his estate for life in the heredita- 
 venAors. ^ ments and premises hereby granted, or expressed so to be, 
 and the said C. D., as to his estate in fee simple in remainder 
 expectant on the said life estate of the said A. B., in the same 
 hereditaments and premises, do hereby for themselves respec- 
 tively, and for their respective heirs, executors, and administra- 
 tors, covenant with the said E. F., his heirs and assigns, That 
 NOTWITHSTANDING any act, deed, or thing by the said A. B. and 
 C. D. respectively, or by the said X. Y, the testator, done, or 
 executed, or knowingly suffered to the contrary, they the said 
 A. B. and C. D. respectively have now good right to grant the 
 said hereditaments and premises unto and to the use of the 
 said E. F., his heirs and assigns, in manner aforesaid : And 
 that the said E. F., his heirs and assigns, shall and "may at all 
 times hereafter peaceably and quietly possess and enjoy the 
 said hereditaments and premises, and receive the rents and 
 profits thereof, without any lawful eviction, interruption, claim, 
 or demand whatsoever, from or by the said A. B. and C. D., 
 respectively, or any person rightfully claiming from, under, or 
 in trust for them respectively, or from or under the said X. Y. : 
 And that free from all incumbrances made or suffered by the 
 said A. B. and C. D. respectively, or by the said X. Y., or any 
 person rightfully claiming as aforesaid : And FURTHER, that 
 they the said A. B. and C. D. respectively, and all persons 
 rightfully claiming as aforesaid shall, &c. {Covenant for further 
 assurance, suprd, p. 219) (6), 
 In WITNESS, &c. 
 
 (6) It is sometimes proposed that the vendor shall covenant to indemnify 
 the purchaser against the succession duty, instead of compounding for it 
 but the objection to this plan is that the vendor, by such a covenant, may 
 render himself liable for a larger sum than would have been payable if no 
 alienation had taken place, the duty being calculated on the life of the 
 
 Digitized by Microsoft® 
 
PUKCHASB DEEDS. 331 
 
 No. LXIV (a). 
 CONVEYANCE of a Remainder in Fee Simple Expec- conveyance 
 
 ■' OF BEMAIN- 
 
 TANT on a Life Estate to a Pukchaser 2vho Cove- per 'n fee. 
 NANTS to PAY *Ae Succession Duty {h). 
 
 THIS INDENTURE, made the day of , Between Parties. 
 
 A. B. of, &c. {vendor), of the one part, and C. D. of, &c. (pur- 
 chaser), of the other part (Recite will of X. Y. devising the Reoite liuo 
 property to use of G. B. for life, with remainder to A. B. in 
 fee) : And whereas the said A. B. hath agreed with the said Agreement 
 
 „ . . . for sale. 
 
 C. D. for the sale to him of the hereditaments intended to be 
 hereby granted, and the inheritance thereof in fee simple, sub- 
 ject to the life estate therein of the said G. B., and free from all 
 incumbrances, at the price of £ : NOW THIS INDEN- witnessing 
 
 '^ part. 
 
 TURE "WITNESSETH, that in pursuance of the said agree- 
 ment, and in consideration, &c, (the receipt, d:G.), the said A. B. vendor 
 
 C0DV6VS 
 
 doth hereby grant unto the said C. D., his heirs and assigns. 
 All, &c. (parcels, general words, and all the estate, dec.) : To 
 HOLD the same (subject to the life estate therein of the said (subject to 
 
 11 /• 1 • 1 ^ T^ 1 • 1 • 1 "f« estate) 
 
 G. B.), unto and to the use of the said C. D., his heirs and ^ purchaser 
 assigns for ever: And the said A. B. doth hereby for him- '"'"*■ 
 
 actual successor, who may be a much youngeT man than the original suc- 
 cessor. If, however, it is so wished, the following may be inserted : — 
 
 And the said C. D. doth hereby for himself, his heirs, exe- 
 cutors, and administrators, covenant with the said E. F., his 
 heirs and assigns, that he the said C. D., his heirs, executors, 
 or administrators, shall and will duly pay the succession duty 
 to become payable upon the decease of the said A. B., for or in 
 respect of the hereditaments hereby granted, or expressed so to 
 be, under the " Succession Duty Act, 1853," when and so soon as 
 the same shall become payable, and shall and will at all times 
 keep indemnified the said E. F., his heirs and assigns, and his 
 and their estates and effects, from and against the said succes- 
 sion duty, an'd all actions, claims, and demands whatsoever for or 
 in respect of the same. 
 
 (a) The 31 Vict. c. 4, provides that "no purchase made hond fide and 
 without fraud or unfair dealing of any reversionary interest in real or per- 
 sond estate, shall, after the 1st of January, 1868, be opened or set aside 
 merely on the ground of under value." The jurisdiction of the Court over 
 unconscionable bargains is not affected by this Act. (Tyler v. Yates, L. R. 
 11 Eq. 265 ; The Earl of Aylesford v. Monis, L. B. 8 Oh. 484.) 
 
 (6) See su'prci, pp. 99, 330, notes (6). 
 
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332 PUECHASE DEEDS. 
 
 '"ofIemI™^ self, his .heirs, executors, and administrators, covenant with 
 "^^ ■" ^™- the said C. D., his heirs and assigns. That notwithstand- 
 byyento ' ING any act, deed, or thing hy the said A. B., or by the said 
 tor title. X. Y., the testator, done, executed, or knowingly suffered to 
 the contrary, he the said A. B. now hath good right to grant 
 the hereditaments and premises hereby granted, or expressed 
 so to be, unto and to the use of the said C. D., his heirs and 
 assigns, subject to the said life estate of the said G. B. and in 
 manner aforesaid : And that the said C. D., his heirs and 
 assigns, shall and may at all times after the decease of the said 
 G. B., possess and enjoy the said hereditaments and premises, 
 and receive the rents and profits thereof, without any lawful 
 eviction, interruption, claim, or demand from or by the said 
 A. B., or his heirs, or any person rightfully claiming from, 
 under, or in trust for him, or from or under the said X. Y. : 
 And that free from all incumbrances, made or suffered by the 
 said A. B., or by the said X. Y., or any person rightfully 
 claiming as aforesaid : And furthee, that he the said A. B., 
 and all persons rightfully claiming as aforesaid, shall and will 
 from time to time and at all times hereafter at the request and 
 cost of the said C. D., his heirs or assigns, do and execute, or 
 cause to be done and executed, all such acts, deeds, and things, 
 whatsoever, for further and more perfectly assuring the said here- 
 ditaments and premises unto and to the use of the said 0. D., 
 his heirs and assigns, subject to the said life estate of the said 
 G. B., and in manner aforesaid, as shall or may be reasonably 
 Covenant by required : And the said C. D. doth hereby for himself, his 
 to pay heirs, executors, and administrators, covenant with the said 
 
 succession '.t-ii-i" ii-> iii -i 
 
 duty and A. B., his heirs, executors, and administrators, that he the said 
 
 indemnify /^t\i-t. 
 
 vendor C. D. his heirs and assigns, will pay the succession duty to 
 become payable upon the decease of the said G. B. for or in 
 respect of the hereditaments hereby granted, or expressed so to 
 be, under the "Succession Duty Act, 1853," when and so soon as 
 the same shall become payable, and will at all times keep in- 
 demnified the said A. B., his heirs, executors, and administra- 
 tors, and his and their estates and effects, from and against the 
 said succession duty, and all actions, claims, and demands for or 
 in respect of the same (a). 
 In witness, &c. 
 
 (c) This covenant must be considered as inserted ex ahundanti caiUeld, for 
 it could hardly be contended that A. B. the remainderman, after alienin" 
 his remainder, is still liable to the duty. He is not the successor, althougS 
 
 Digitized by Microsoft® 
 
PURCHASE DEEDS. 333 
 
 No. LXV. 
 
 CONVEYANCE by Heir and Personal Represknta- conveyasck 
 
 ^ BY UEIB AND 
 
 TivE of Deceased Vendor to a Purchaser. personal 
 
 •f REPRESEN- 
 
 REPRESEN- 
 TATIVE OF 
 
 THIS INDENTURE, made the day of , Between "^^^^1° 
 
 A. B. of, &c. (heir of deceased vendor), of the first part, C. D. 
 of, &c. (luidoiu and administratiix of deceased vendor), of the 
 second part, and E. F. of, &c. (purchaser), of the thu'd part : 
 Whereas X. Y., late of, &c., deceased, did, by a memo- J^'^^meiit 
 
 randum in writing dated the day of ■ , agree with ^'y*' de^ 
 
 the said E. F. for the absolute sale of, &c. (Agreement "^''^*''- 
 for sale, supra, p. ), but the said sale was not completed, 
 nor was any part of the purchase money paid in the life- 
 time of the said X. Y. : And whereas the said X. Y. died g"^'' "' 
 
 intestate on the day of , leaving the said C. D. his i"^5jt**' 
 
 widow, and leaving the said A. B. his eldest son and heir at '^lf°"i f"^, 
 law, and nine younger children him surviving : And whereas 
 the said A. B. has attained the age of twenty- one years, but 
 the said nine younger children are all under that age : And 
 whereas letters of administration of the estate and effects of ^oJJ''^i™d 
 
 the said X. Y. were, on the day of , granted to the*"''- '^■ 
 
 said C. D. by or out of the District Registry at of the 
 
 Probate division of the High Court of Justice : And whereas ciw^mIim 
 the said E. F. has required the said A. B. and C. D. to com- m?„"utratrix 
 plete the said sale, which they have agreed to do in the compitte*" 
 manner hereinafter expressed : NOW THIS INDENTURE *^'J^33i„g 
 WITNESSETH, that in pursuance of the said agreement, and ?"*• 
 
 in consideration of the sum of £ , on or before the execution considera- 
 
 of these presents paid by the said K F. to the said C. D. as 
 such administratrix as aforesaid (the receipt, d;c.),he the said Heir con- 
 A. B., at the recjuest of the said C. D. doth hereby grant purchaser 
 unto, &c. (Grant to E. F. in fee, supra, p. 218), — covenant 
 by A. B. and C. D. against incumbrances, supra, p. 300) (n). 
 In witness, &c. 
 
 he would have been so, but for the alienation. The successor is C. D. if 
 living, when the tenant for life dies, and the duty payable by him, although 
 at the same rate, is a different sum to that which A. B. would have had 
 to pa}'. 
 
 (a) If the next of kin had been all of age, they should have been made 
 parties to covenant for title. 
 
 Digitized by Microsoft® 
 
334 
 
 PURCHASE DEEDS. 
 
 CONVEY ANCE 
 TO TRUSTEES 
 
 AS 
 
 PURCHASERS 
 
 UNDER 
 
 POWER TO 
 
 LAY OUT 
 
 TRUST 
 
 MONEY IN 
 
 LAITD. 
 
 Parties. 
 
 Recite 
 settlement 
 ■with power 
 to purchase 
 laud. 
 
 Agi-eement 
 for sale. 
 
 That 
 
 purchasers 
 entered into 
 agreement 
 as tinidtees. 
 
 Witnessing 
 part. 
 
 Considera- 
 tion. 
 
 Vendor 
 conveys 
 
 No. LXVI, 
 
 CONVEYANCE to TeusteSs as Purchasers under a 
 Power contained in a Settlement to lay out Trust 
 Money in Purchase of Land (a). 
 
 THIS INDENTURE, made the day of . Between 
 
 A. B. of, &c. (vendor), of the first part, C. D. of, &c. and E. F. 
 of, &c. (trustees), of the second part, and G. H. of, &c. and L. 
 his wife (consenting parties to purchase) of the third part 
 (Recite settlement on marriage of G. H. and L. his wife, then 
 L. M., whereby certain trust funds loere settled with a power 
 for the trustees at the request of husband and wife to lay out 
 any part thereof in the purchase of land, — agreement by A. B. 
 to sell to C. D. and E. F.) : And whereas the said agree- 
 ment for purchase was entered into by the said C. D. and E. F. 
 at the request of the said G. H. and L. his wife, in exercise of 
 the power of purchasing land contained in the said indenture 
 of settlement as aforesaid, and the said purchase-money of 
 
 £ has been raised by the said C. D. and E. F. at the like 
 
 request out of the trust funds comprised in the said indenture : 
 NOW THIS INDENTURE WITNESSETH that in pur- 
 suance of the said agreement, and in consideration of the sum 
 
 of , on or before the execution of these presents, paid to 
 
 the said A. B. by the said C, D. and E. F. out of the trust 
 funds comprised in the said indenture of settlement at the 
 request of the said G. H. and L. his wife (testified by their re- 
 spectively executing these presents), (the receipt, dc), he the 
 said A. B. doth hereby grant unto the said 0. D. and E. F., 
 their heirs and assigns. All, &c. (parcels, general words, 
 and all the estate, dc.) : To have aijd to hold the heredita- 
 ments and premises hereby granted, or expressed so to be 
 unto and to the use of the said C. D. and E. F., their heirs 
 
 (a) When land is purchased hy trustees under a power of laying out trust 
 money in the purchase of land, the conveyance is sometimes made to the 
 trustees as ordinary purchasers, without disclosing on the face of the instru- 
 ment the fact of their being trustees. But in most cases (if not in aU), it 
 becomes necessary, sooner or later, to disclose the trust on the face of the 
 title, and it seems therefore the better course to let the trust .appear in the 
 original purchase deed, as in the above Precedent, or in a deed indorsed 
 thereon, as in Precedent No. LXVIII., infrd. 
 
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PURCHASE DEEDS. 335 
 
 and assigns, Upon the trusts, and with, under, and subject 5°''^^™™ 
 to the powers, provisoes, agreements and declarations by and pdechasehs 
 in the hereinbefore recited indenture of settlement declared po™ek™o 
 and contained, concerning the hereditaments thereby authorised 
 to be purchased with or out of the said trust funds, or such of 
 them as are now subsisting and capable of taking effect, (Cove- to trustees 
 nants hy A.B.for title.) Sf "*" 
 
 In witness, &c. 
 
 LAY OCT 
 
 TRUST 
 
 MONEY IN 
 
 LAN1>. 
 
 ment. 
 
 No. LXVIL 
 CONVEYANCE to Purchasers as Joint Tenants. conveyance 
 
 TO 
 PURCHASERS 
 
 THIS INDENTURE, made the day of , Between as joint 
 
 ' •' tenants. 
 
 A. B. of, &c. (vendor), of the one part, and C. D. of, &c., and ^^^^^^^ — 
 E. F., of, &c. (purchasers), of the other part (Recite agree- 
 ment of sale hy A.B. to G. D. and E. F.) : NOW THIS IN- 
 DENTURE WITNESSETH, that in pursuance of the said 
 
 agreement, and in consideration of the sum of £ , on or considera- 
 
 before, &c., to the said A. B. paid by the said C. D. and E. F. 
 out of monies belonging to them on a joint account (the 
 receipt, dec), he the said A. B. doth hereby grant unto the said vendor 
 C. D. and E. F., their heirs and assigns, All, &c. (parcels, 
 qeneral words, and all the estate, dc.) : To have and to hold to pur- 
 
 ^ ' ' ' chasers as 
 
 the same unto and to the use of the said C. D. and E. F., their jo'"* . 
 
 tenants. 
 
 heirs and assigns for ever. (Covenants for title.) 
 In witness, &c. 
 
 No. LXVIII. 
 DECLARATION of Trust of Lands Purchased under declaea- 
 
 •^ - TION 
 
 a Power in a Settlement of Personal Estate (by o^ trust of 
 
 •' ^ -^ LANDS 
 
 indorsement on the last Precedent hut one), purchased 
 
 ' UNDER 
 
 POWER IN 
 
 TO ALL TO WHOM THESE PRESENTS shall come, the settlement. 
 within named C. D. and E. F. and G. H. of, &c. and L. his Paries, 
 wife, send greeting (Recite settlement as in Precedent No, 
 
 Digitized by Microsoft® 
 
336 
 
 PtJECHASE DEEDS. 
 
 DECLARA- 
 TION 
 OP TRUST OP, 
 LANDS 
 PURCHASED 
 
 UNDER 
 
 POWER IN 
 
 SETTLEMENT. 
 
 Recite 
 
 that pur- 
 chase was 
 made by 
 trustees 
 under 
 power ia 
 settlement 
 to purchase 
 lands. 
 
 Witnessing 
 part. 
 
 Declaration 
 of trust 
 
 LXVL) : And whereas the purchase of the hereditaments 
 comprised in the within written indenture was made by the 
 said C. D. and E. F. as the trustees of the hereinbefore recited 
 indentui'e of settlement at the request in writing of the said 
 G. H. and L. his wife, and in exercise of the power in that 
 behalf contained in the last mentioned indenture as aforesaid, 
 
 and the within mentioned purchase money of £, was 
 
 raised by the said C. D. and E. F. at the like request out of 
 the trust funds comprised in the same indenture, as the said 
 C. D., E. F., G. H. and L. his wife, do hereby respectively 
 declare: NOW THESE PRESENTS WITNESS, that in 
 consideration of the premises it is hereby declared and agreed 
 that the said G D. and E. F., their heirs and assigns, shall 
 stand and be seised of and interested in all and singular the 
 hereditaments and premises comprised in and granted or other- 
 wise assured by the within written indenture. Upon the, 
 TRUSTS, &c. (as in Precedent No. LXVL). 
 In witness, &c. 
 
 CONVEYANCE 
 TO USES OF 
 
 REAL 
 
 PROPERTY 
 
 SETTLEMENr. 
 
 No. LXIX. 
 
 CONVEYANCE to the Uses of a Real JPhoperty Set- 
 tlement where the Purchase is made with Monies 
 arising from a Sale of the settled Property under 
 a Power of Sale (a). 
 
 Parties. THIS INDENTURE, made, &c.. Between A. B. of, &c. 
 (vendor), of the first part, C. D. of, &c., and E. F. of, &c. (pur- 
 chasers and trustees), of the second part, and G. H, of, &c. 
 (tenant for life under the settlement), of the third part : 
 Whereas by an indenture of release, dated, &c., grounded on a 
 lease for a year, and made between the said G. H., of the first 
 part, J. K., of, &c. (now the wife of the said G. H.), of the second 
 part, and the said C. D. and E. F., of the third part (being a 
 settlement made in contemplation of the marriage then in- 
 
 (a) It is sometimes more convement to have the conveyance made in the 
 first instance to the trustees as if they were purchasers on their own account 
 and to have a conveyance by a separate instrument from the trustees 
 to the uses of the settlement, according to the method adopted in the next 
 Precedent. 
 
 Eecite 
 settlement 
 of real 
 estate, 
 
 Digitized by Microsoft® 
 
PURCHASE DEEDS. 337 
 
 tended and shortly afterwards solemnized between the said o^'vetance 
 
 ^->i TX 11- '^*^ USES OF 
 
 Or, H. and the said J. K.), the messuages, lands and heredita- ""'- 
 
 ' o ' PROPEKTY 
 
 ments situate in the parish of , in the county of , in "'^"-meht. 
 
 the said indenture particularly described, were limited and 
 settled from and after the solemnization of the said then in- 
 tended marriage, To the use of the said G. H. and his assigns 
 during his life without impeachment of waste, with remainders 
 over : And in the indenture now in recital is contained a power power to 
 enabling the said C. D. and E. F., at the request of the said s™ '"* 
 G. H., during his life to sell all or any part of the hereditaments 
 thereby settled, and a direction that the monies to arise from anddirec- 
 such sale should be laid out in the purchase of other freehold pui-ohaee- 
 hereditaments to be situated in England or Wales, or of copy- law out in 
 hold or leasehold hereditaments convenient to be held there- "haso of 
 
 ■ 1 '111 T I* ^ • A • other land 
 
 With, or With the hereditaments for the time being subject to tote settled 
 the uses of the said indenture, yet so that during the life of the 
 said G. H, such purchase should be made with his consent in 
 writing, and that the hereditaments so to be purchased should 
 be settled and assured to the uses, upon the trusts, and with, 
 under, and subject to the powers, provisoes, agreements, and 
 declarations thereinbefore declared and contained concerning 
 the said hereditaments thereby settled : And whereas in exer- siieofreai 
 cise of the power of sale so as aforesaid contained in the here- power"" " 
 inbefore recited indenture, the said C. D. and E. F., at the 
 request of the said G. H., have from time to time sold parts of 
 the hereditaments comprised in the same indenture, and have 
 received the monies arising from the said several sales : And Agreement 
 
 by trustees 
 
 WHEREAS the said C. D. and E. F., with the consent of the said of settle- 
 ment to 
 
 G. H., and in pursuance of the direction for purchasing here- purchase, 
 ditaments contained in the said indenture of settlement, have 
 agreed with the said A. B. for the absolute purchase of the here- 
 ditaments intended to be hereby granted, and the inheritance 
 thereof in fee simple, free from incumbrances, at the price of 
 
 £ : NOW THIS INDENTURE WITNESSETH, that in ™^'»e 
 
 pursuance of the said agreement, and in consideration of the considem- 
 
 sum of £ on or before the execution of these presents paid 
 
 to the said A. B. by the said 0. D. and E. F., with the consent 
 of the said G. H., out of the monies produced by the herein- 
 before mentioned sales (ihe receipt whereof, &c.), he the said vendor^ 
 A. B., by the direction as well of the said C. D. and E. F., as parcels 
 also of the said G. H. (testified by their respectively executing 
 these presents), doth hereby grant unto the said C. D. and E. F. 
 
 VOL. I. '^ 
 
 Digitized by Microsoft® 
 
338 
 
 PURCHASE DEBDS. 
 
 REAL 
 
 PROPERTY 
 
 SETTLEMENT. 
 
 to uses of 
 settlement. 
 
 Vendor 
 covenants 
 for title. 
 
 TO^ra^o™ ^^^ their heirs (parcels, general words, and all the estate, &c.) : 
 To HAVE AND TO HOLD the hereditaments and premises hereby 
 granted, or expressed so to be, unto the said C. D. and E. F. and 
 their heirs, To the uses, upon the trusts, and with, under, and 
 subject to the powers, provisoes, agreements, and declarations by 
 and in the hereinbefore recited indenture of settlement declared 
 and contained concerning the hereditaments thereby settled, or 
 such of them as are now subsisting and capable of taking efifect, 
 but not so as to increase or multiply charges or powers of charg- 
 ing : And the said A. B. doth hereby for himself, his heirs, 
 executors, and administrators, covenant with the said C. D. and 
 E. F., and their heirs, That notwithstanding, &c., he the said 
 A. B. now hath good right to grant the said hereditaments and 
 premises hereby granted, or expressed so to be, to the uses here- 
 inbefore declared concerning the same and in manner aforesaid : 
 And that the said hereditaments and premises shall at all 
 times hereafter go, remain, and be to the uses aforesaid, and be 
 peaceably and quietly possessed and enjoyed, and the rents and 
 profits thereof received and taken accordingly, without, &c. : 
 And that free, &c.: And further, that he the said A. B., &c., 
 shall and will from time to time, and at all times hereafter, at 
 the request and cost of any person or persons for the time being 
 interested in the said hereditaments and premises, or any part 
 thereof, under the uses hereinbefore declared concerning the 
 same, do and execute, or cause, &c. (Covenant for further 
 assurance to the uses hereinbefore declared concerning the 
 same). 
 In witness, &c. 
 
 No. LXX. 
 
 COSVEVANOE 
 AMD DECLA- 
 RATION OF 
 TRUST OF 
 FREEHOLDS, 
 COPYHOLDS, 
 AND LEASE' 
 HOLDS. 
 
 Parties. 
 
 CONVEYANCE and Declaration 0/ Trust 0/ Free- 
 holds, Copyholds, and Leaseholds, purchased 
 with Monies a/rising from a Sale of Settled 
 Property. 
 
 THIS INDENTURE, made' the day of , Between 
 
 A, B. of, &c., and C. D. of, &c. (trustees), of the first part, E. F. 
 of, &c., and G. his wife, of the second part, and L. M. of &c. 
 (grantee to uses) of the third part (ReciU the settlement whereby 
 
 Digitized by Microsoft® 
 
PURCHASE DEEDS. 339 
 
 certain freehold hereditaments were limited to the said A. B. conveyance 
 
 ■' AND DECLA- 
 
 and C. D. and their heirs, to the use of E. F. and his assigns ^^"0°/ 
 for his life, remainder to G. his wife, and her assigns for her ot?v?oLm' 
 life, with divers remainders over in strict settlement, and also """^l^^ 
 the power of sale and exchange contained therein, whereby the 
 said A. B. and C. D. were empowered to sell the hereditaments 
 with the consent of the said E. F. amd G. his wife, and were ' 
 directed, with the like consent, to invest the monies in the pur- 
 chase of other freehold, copyhold, or leasehold hereditaments, 
 to he settled to the same uses, or upon corresponding trusts) : 
 And whereas the said A. B. and C. D. have from time to time saie of 
 at the request and by the direction of the said E. F. and G. p^we/of " 
 his wife, sold the greater part of the hereditaments comprised in exchange. 
 the said indenture of settlement, for sums amounting together 
 to £46,000, after deducting the expenses of the sales thereof: 
 And whereas in pursuance of the direction in that behalf con- Purchases 
 
 . . made by 
 
 tained in the said indenture of settlement, the said A. B. and trustees 
 
 with sale 
 
 C. D., with the consent of the said E. F. and G. his wife have monies. 
 laid out the said sum of £46,000, in the purchase of the several 
 freehold, copyhold, and leasehold hereditaments mentioned and 
 described in the schedule hereunder written, and have caused 
 the same to be respectively conveyed, surrendered, and assigned 
 unto them and their heirs, executors, administrators and assigns 
 respectively, as appears in the said schedule : And whereas Agreement 
 
 A •/ ' t^A by trustees 
 
 the said A. B. and C. D., at the request of the said E. F. and t^^nvey 
 
 G. his wife, have agreed to make such conveyance and declara- |«wiement, 
 
 tion of trust of the said purchased hereditaments respectively 
 
 as are hereinafter respectively contained : NOW THIS IN- ^'egai„g 
 
 DENTURE WITNESSETH, that in pursuance of the said p"^- 
 
 agreement, and in consideration of the premises, the said A. B. 
 
 and C. D., at the request of the said E. F. and G. his wife, do Tm.'stees 
 
 ' A ^ convey. 
 
 hereby grant unto the said L. M. and his heirs. All and singular parcels in 
 the messuages, lands, tenements, and hereditaments mentioned sdie& ° 
 and described in the first part of the schedule hereunder written 
 (general words, and all the estate, dc.) : To have and to hold 
 the same unto the said L. M. and his heirs. To the uses, &c., ^°tuem°ni. 
 (as in last Precedent, p. 338, — Covenant against incumbrances 
 by A.B. and G. D. with L. M., suprd, p. 300). AND THIS ^^^^.^^ 
 INDENTURE ALSO WITNESSETH, that in further pur- ^rf '""^ 
 suance of the said agreement, and in consideration of the pre- 
 mises, it is hereby agreed and declared that the said A. B. and 
 C. D., their heirs, executors, administrators, and assigns respec- 
 
 z 2 
 
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340 
 
 PORCHASE DEEDS. 
 
 CONVEYANCE 
 AND DECLA- 
 RATION OP 
 TRDST OP 
 FREEHOLDS, 
 COPYHOLDS, 
 AND LEASE- 
 HOLDS. 
 
 Declaration 
 of trust Of 
 copyholds 
 and lease- 
 holds In 
 second and 
 third parts 
 of schedule. 
 
 tively, shall henceforth stand and be seised and possessed of, and 
 interested in, All and singular the copyhold and leasehold 
 messuages, lands, tenements and hereditaments mentioned and 
 described in the second and third parts of the schedule here- 
 under written, with their and every of their rights, members 
 and appurtenances : Upon such trusts, and with, under, and 
 subject to such powers, provisoes, agreements and declarations 
 as shall correspond as nearly as the different nature and tenure 
 of the premises will permit, with the uses, trusts, powers, pro- 
 visoes, agreements, and declarations hereinbefore by reference 
 declared and contained concerning the freehold hereditaments 
 hereby granted, or expressed so to be : BuT SO NEVERTHELESS, 
 that the said leasehold hereditaments shall not vest absolutely 
 in any person being tenant in tail by purchase of the said free- 
 hold hereditaments, unless he or she shall attain the age of 
 twenty-one years, but upon his or her death under that age, shall 
 go and devolve in the same manner as if the said leasehold 
 hereditaments had been of freehold tenure, and had been herein- 
 before granted as freehold accordingly. 
 In witness, &c. 
 
 The Schedule referred to in the above-written 
 Indenture. 
 
 Freehold 
 
 The 1st Part, 
 
 All that, &c. (describe parcels), which hereditaments and pre- 
 mises were conveyed unto and to the use of the said A B. and 
 C. D., their heirs and assigns, by an indenture dated, &c., and 
 made between (parties) : Also all that, &c. (describe other 
 parcels), which last mentioned hereditaments and premises were 
 conveyed, &c. (as above). 
 
 Copyhold 
 parcels. 
 
 The 2nd Part. 
 
 All that, &c. (parcels), to which hereditaments and premises 
 the said A. B. and C. D. were admitted tenants, upon the sur- 
 render of M. N., at a court holden in and for the manor of 
 
 , on the day of : ALSO ai,l that, &c. (parcels), 
 
 to which last mentioned hereditaments and premises, being 
 held of the manor of , the said A. B. and C. D. were out 
 
 Digitized by Microsoft® 
 
PURCHASE DEEDS. 341 
 
 of court admitted tenants, on the day of . unon the conveyance 
 
 ' J > "i-"" ""V^ AND DECLA- 
 
 surrender of 0. P. ration or 
 
 TRUST OF 
 FREEHOLDS, 
 COPYHOLDS, 
 
 The 3rd Part. ^^olS^ " 
 
 All that, &c. {parcels) which premises were by an indenture Leasehold 
 dated, &c., and made, &c., assigned unto the said A. B. and 
 C. D., their executors, administrators and assigns, for the residue 
 
 of a term of years, created by an indenture of lease 
 
 dated, &c., and made, &c. 
 
 No. LXXI. 
 
 CONVEYANCE hy an Ownek in Fee Simple to a PuE- conveyaxus 
 
 T -XT -n -, RESERVING 
 
 CHASER, reserving to the v endor an Estate during life estate 
 
 , . -w r~, -.TT -., "'to vendor. 
 
 his Life — Covenants ly the Vendor to Repair and 
 
 Insure during his Life, and provisions as to Timber. 
 
 THIS INDENTURE, made the day of , Between Parties. 
 
 A. B. of, &c. (vendor), of the one part, and C. D. of, &c. {pur- 
 chaser), of the other part : Whereas the said A. B. has agreed Agreement 
 
 . , , • 1 .^ -rs / n 1 1 • p • for sale of 
 
 With the said C. D. tor the sale to him oi a reversionai-y estate reversionary 
 
 „., 111P1 .ii-r^. estate in fee 
 
 m fee simple, to commence on the death of the said A. B., in simple. 
 
 the hereditaments hereinafter described, for the sum of £ , 
 
 and it has been agreed that such sale shall be carried into effect 
 by a conveyance to the uses and in the manner hereinafter 
 expressed : NOW THIS INDENTURE WITNESSETH, that ^^oessing 
 in pursuance of the said agreement, and in consideration, &c., 
 the receipt, &c., the said A. B. doth hereby grant unto the said vendor 
 C. D. and his heirs, All, &c. {parcels, general words, and all the 
 estate, dc), To have and to hold the hereditaments and 
 premises hereby granted, or expressed so to be, unto the said 
 C. D. and his heirs. To the use of the said A, B. and his assigns 
 during his life, and after his decease To the use of the said to purch.ascr 
 C. D., his heirs and assigns for ever. {Covenants for title, p. 219.) *» use of 
 And the said A. B. doth hereby for himself, his heirs, ufe with 
 
 , . „ , . , remainder 
 
 executors, administrators, and assigns, further covenant with the tense of 
 
 ' 11 purchaser 
 
 said C. D., his heirs and assigns, that he the said A. B. will at i° '««• 
 his own expense during his life keep in good and complete byTrador 
 
 Digitized by Microsoft® 
 
342 PURCHASE DEEDS. 
 
 CONVETAKCB 
 
 RESERVING 
 
 LIFE ESTATE 
 
 TO VENDOR. 
 
 repair and condition the capital messuage called , and all 
 
 other the buildings and erections for the time being upon the 
 to keep in ^^^^ premises hereby granted, and also all the gates, stiles and 
 in|s dSg" fences upon the premises hereby granted ; And also will at the 
 his life lijjg expense during his life adequately insure and keep insured 
 insure^A^ the Said Capital messuage, and all other the buildings and 
 ' erections for the time being standing upon the said premises, 
 against loss or damage by fire, in some office or offices in London 
 or Westminster ; and also will, when required, produce to the 
 said C. D., his heirs or assigns, or his or their agent, the policies 
 of such insurance, and the receipts for the current year's 
 pi-emiums paid thereon. And also will forthwith, on every 
 occasion on which monies shall be received by virtue of any such 
 insurance, lay out and expend the same (after deducting neces- 
 sary expenses) in properly repairing, rebuilding, or reinstating 
 the buildings which shall have been destroyed or damaged: 
 not to cut And Also that he the said A. B., or his assigns, will not during 
 except such his life fell or cut down any timber or timberlike trees standing 
 
 as ought ... 
 
 to he cut. or growing on the said premises hereby granted, unless the same 
 may be required for renewing or repairing the park palings, and 
 then only such as may be properly and fairly felled or cut down 
 without detracting from the enjoyment of the said mansion- 
 house as a place of residence, or the beauty of the said premises 
 hereby granted, or unless such timber or trees shall be of such 
 age and in such state as that considered as ornamental timber 
 only the same may properly require to be felled or cut down 
 with a view to the enjoyment of the said mansion-house as a 
 place of residence or the beauty of the said premises hereby 
 granted, but so nevertheless that all timber and timberlike trees 
 properly felled or cut down as aforesaid, and the proceeds 
 ]\nZtiL t^^ereof, shall belong to the said A. B. Provided always, that 
 Cutting *^® ^^^^ ^- ^■' °^ ^i^ assigns, shall give to the said C. D., his 
 heirs or assigns, at least one calendar month's previous notice 
 in writing of the intention of the said A. B., or his assigns, to 
 cut any timber or timberlike trees under the provisions herein- 
 before contained, and that the trees intended to be cut or felled 
 shall be marked, and shall be shown when required to some 
 person appointed for the purpose by the said C. D., his heirs or 
 assigns ; and in case such person shall, on behalf of the said 
 C. D., his heirs or assigns, object to the felling or cutting of any 
 trees, as being improper and coming within the restrictions 
 aforesaid, the same shall not be felled or cut unless and until it 
 
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 timher. 
 
PURCHASE DEEDS. 343 
 
 shall have been decided by arbitration, as hereinafter provided, ^J^jk™™ 
 that the same may be felled or cut. Provided also, and it is 10™?^™ 
 hereby agreed and declared, that if any question or difference Arbitraiio 
 shall arise between the said A. B. and his assigns and the said ''^^"'■ 
 C. D., his heirs or assigns, as to whether any timber or timber- 
 like trees are such as may be properly felled or cut down having 
 regard to the covenant and restrictions aforesaid, such question 
 or difference shall be referred to two arbitrators, or their umpire, 
 pursuant to and so as, with regard to the mode and consequences 
 of the reference and in all other respects, to conform to the pro- 
 visions in that behalf contained in the " Common Law Procedure 
 Act, 1854," or any then subsisting modification thereof. 
 
 No. LXXII. 
 
 CONVEYANCE by an Owner in Fee to a Railway i-osveyakck 
 
 " TO 
 
 Company (a). railway 
 
 COMPANY. 
 
 THIS INDENTURE, made the day of , Between, Parties. 
 
 A. B. of, &c. (vendor), of the one part, and the Railway 
 
 (a) By the " Lands Clauses Consolidation Act, 1845 " (8 Vict. c. 18), power Power to 
 is given to the promoters of undertakings to purchase lands of the owners ^"ement.''^ 
 by agreement (s. 6). 
 
 Parties having only partial interests, or being under disability, are em- Parties 
 powered to sell to the Company (ss. 7, 22, 25, 38), and the purchase-money ^j;}?^''^^-,, 
 or compensation in such cases is to be ascertained either by the verdict of a to sell. 
 jury, or arbitration, or by valuation (s. 9), and must be paid into the Bank 
 of England if it amounts to £200 (s. 69) ; and if it exceeds J20, but does 
 not amount to J200, then into the Bank, or to trustees to be nominated as 
 therein mentioned, according to the directions of the Act (s. 71), and to be 
 applied as therein directed (ss. 69, 73, 74). Upon the deposit of the pur- 
 chase-money or compensation in the Bank, all such persons are required to 
 convey the purchased lands to the Company, and in default thereof the 
 Company is empowered to execute a deed poll, which is to have the effect 
 of a conveyance of all the estate in such lands capable of being sold to the 
 Company (a. 75). ,,..,, 
 
 When a sum paid into the Bank under this Act belongs to a tenant in Payment 
 tail in possession, he must execute a disentailing deed before the Court will gjfon^ 
 ay it out to him. {Re Butler's Will, L. R. 16 Eq. 479 ; Be Reynolds, to tenant 
 ,. R. 3 C. D. 61.) „ „ , '°*^ 
 
 The Company bears the costs of all conveyances, as well on the part of Coats, 
 the vendor as of the purchaser, and of the deducing and evidencing the title 
 to the lands, and also of all abstracts and attested copies which they may 
 
 The powers of the promoters for the compulsory purchase of lands for the Limit of 
 
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 I 
 
344 
 
 PDEOHASB DEEDS. 
 
 CONVEYANCE 
 
 TO 
 
 RAILWAY 
 
 COMPANY. 
 
 Becite 
 " Bail way 
 Act." 
 
 Agreement 
 by company 
 to pur- 
 chase. 
 
 Company of the other part : Whereas by " The Eailway Act; 
 18 — ," in which Act the " Lands Clauses Consolidation Act, 
 18 — ," is incorporated, the said Company is empowered to take 
 and purchase for the purposes of the railway and works thereby 
 authorised, the pieces of land and hereditaments intended to be 
 hereby conveyed : And whereas the said Company has agreed 
 with the said A. B. for the absolute purchase of the said pieces 
 of land and hereditaments, and the inheritance thereof in fee 
 simple in possession, free from incumbrances, at the price of 
 £ — '■ — , which sum is to inchide and be in full compensation for 
 all damage to be sustained by the said A. B. by -reason of the 
 severing of such lands from the remainder of the estate to which 
 the same belong, or otherwise injuriously affecting such lands 
 by the execution of the works of the said Company, and also 
 for all right to require the said Company, under or by force of 
 the " Railway Clauses Consolidation Act, 1845," to make and 
 
 time for 
 
 compulsory 
 
 purciiase. 
 
 Conveyance 
 of copy- 
 holds. 
 
 Clauses 
 as to copy- 
 holds, lands 
 in mort- 
 gage, and 
 underlease. 
 
 Sale of 
 superfluous 
 lands after 
 the expira- 
 tion of the 
 time. 
 
 purposes of the special Act cannot be exercised after the expiration of the 
 prescribed period ; and if no period is prescribed, not after the expiration of 
 three years from the passing of the special Act (s. 123). 
 
 All conveyances of copyhold lands under the " Lands Clauses Consolida- 
 tion Act " must be entered on the rolls of the manor, and on the payment 
 of the steward's fees he is required to make such enrolment ; and it is 
 declared, that within three months after the enrolment of such convey- 
 ance, or within one month after the lands shall be entered on by the 
 Company, the promoters shall procure the copyhold lands to be enfran- 
 chised, and shall apply to the lord of the manor for this purpose, and 
 shaU pay a compensation in respect thereof, as provided by the Act 
 (s8. 95, 96). 
 
 The 98th section provides for the apportionment of copyhold rents when 
 part only of the land subject to the rent is required. The 108th and six 
 following sections relate to lands in mortgage; and the 119th and three 
 following sections provide for the apportionment of the rents where part 
 only of lands under lease are taken, and for the compensation to be made 
 to tenants. 
 
 As to superfluous lands, or, in other words, lands not required for the 
 purposes of the undertaking, the Company is required within the prescribed 
 period, or if no period be prescribed, within ten years after the expiration 
 of the time limited by the special Act for the completion of the works 
 to sell such superfluous lands, giving, not*-ithstanding, a right of pre-emp- 
 tion (unless the lands be situate within a town, or be lands built upon or 
 used for building purposes) first to the person then entitled to the lands (if 
 any) from which the same were originally severed, if such person can be 
 found, or if he refuse to purchase or cannot be found, then to the person or 
 persons whose lands may immediately join the lands proposed to be sold. 
 The persons to whom the offer of sale is made, if desirous of availing 
 themselves of this right of pre-emption, are required to signify such their 
 desire within six weeks after the oner of sale is made to them respectively 
 88. 127, 128, 129). (Moody v. Corbett, L. R. 1 Q. B. 510; Coventry u 
 London, Brighton, & South Coast Railway Co., L. R. 5 Eq. 104 ; May v. 
 The Great Western Railway Co., L. R. 7 Q. B. 364.) As to what are lands 
 situate within a town within the 128th sec, see Lord Carrington v. Wycombe 
 Eailway Co., L. R. 3 Ch. 377. 
 
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PURCHASE DEEDS. 345 
 
 maintain such works as are in the same Act referred to, and conveyance 
 
 TO 
 
 otherwise might be required to be made and maintained for "a'^^way 
 
 ° ' ^ ^ COMPANY. 
 
 the accommodation of the owners and occupiers of the lands ~ 
 
 adjoining to the pieces of land intended to be hereby con- 
 veyed (6) : NOW THIS INDENTURE WITNESSETH, that witnessing 
 in pursuance of the said agreement, and in consideration of the ^ 
 
 sum of £ to the said A.. B. paid by the said Company on or 
 
 before the execution of these presents {the receipt, (fee). The said vendor 
 A. B. doth hereby grant and convey to the said Company, their parcels, 
 successors and assigns, Ali, those two pieces or parcels of land 
 
 situate in the parish of , in the county of , containing 
 
 respectively and , and being respectively parts of two 
 
 closes of meadow ground called respectively and , 
 
 and distinguished in the plan and books of reference of the 
 said railway, deposited in the office of the clerk of the peace 
 
 for the said county of , so far as relates to the said parish of 
 
 , bj' the Nos. and , And which pieces of land in- 
 
 ^,tended to be hereby granted and conveyed are delineated in 
 the plan drawn in the margin of these presents, and are therein 
 coloured red ; Together with all ways, rights, and appurten- 
 ances thereto belonging (c) : And all such estate, right, title, "'£^' **"* 
 and interest in and to the same and every part thereof, as the 
 said A. B. is or shall become seised pr possessed of, or is by the 
 said " Hallway Act, 18 — ," and by the Act therein incorporated, 
 or one of them, empowered to convey : To hold the said to railway 
 premises to the said Company, their successors and assigns, for 
 ever, according to the true intent and meaning of the said "Rail- 
 way Act, 18 — " (Covenants for title by A. B. with the Rail- ^g"^?™? 
 way Company, their successors and assigns, supra, p. 219) : And vendor, 
 also that he the said A. B., his heirs or assigns, shall and will ^^^^^.^ 
 (covenant to produce deeds, see " Covenants for production, *«8'i»- 
 No. 1," infra, mutatis mutandis, substituting "the said Com- 
 pany, their successors and assigns," for "the said C. D., his 
 heirs and assigns.") 
 
 (6) If a further sum is to be paid for severance, and is assessed separately, 
 there should be a separate receipt for it ; and it will be unnecessary to refer 
 to it in the conveyance. 
 
 (c) If the mines are included in the purchase, it is necessary to mention 
 them, otherwise they will not pass. See 8 Vict. c. 20, s. 77. 
 
 Digitized by Microsoft® 
 
346 
 
 PURCHASE DEEDS. 
 
 CONVEYANCE 
 BY TENANT 
 
 FOE LIFE TO 
 RAILWAY 
 COMPANY. 
 
 No. LXXIII. 
 
 CONVEYANCE hy Tenant for Life to a Railway 
 Company. 
 
 Parties. 
 
 That land is 
 required for 
 purpose of 
 railway. 
 
 Agreement 
 by tenant 
 for life to 
 sell, 
 
 at separate 
 sums for 
 purchase- 
 money and 
 compensa- 
 tion for 
 
 THIS INDENTURE, made the 
 
 day of 
 
 18— 
 
 such sumi 
 }iaving been 
 determined 
 by valua- 
 tion of 
 surveyors. 
 
 Witnessing 
 part. 
 
 Considera- 
 tion, 
 
 Between A. B. of, &c. {vendor), of the one part, and the 
 
 Railway Company incorporated by the Railway Act, 18 — , 
 
 of the other part {Recite instrument under which A. B. is 
 tenant for life) : And whereas the piece of land and heredita- 
 ments hereinafter described and intended to be hereby con- 
 veyed, are required for the purpose of the undertaking autho- 
 rised by the said Railway Act : And whereas the said 
 
 A. B., pursuant to the power in this behalf conferred upon 
 him by the " Lands Clauses Consolidation Act, 1845," which 
 
 is incorporated in the said Railway Act, 18 — , has 
 
 agreed with the said Company for the sale to them of the 
 said piece of land and hereditaments, and the inheritance 
 thereof in fee sirhple, free from incumbrances, and hath 
 
 agreed to accept the sum of £ as the purchase-money of 
 
 the said lands, and the further sum of £ as and by way of 
 
 compensation for the damage to be sustained by him and his 
 successors in title, owners of the said lands, by reason of the 
 severing of the said lands from the remainder of the estate to, 
 which the same belong, or otherwise injuriously affecting such 
 lands by the exercise of the powers of such Railway Act, or 
 
 any Act incorporated therewith, the said sums of £ and 
 
 £ respectively being the sums determined as such pur- 
 chase and compensation money respectively, by the valuation 
 
 in writing, dated the day of , of C. D. of, &c., and 
 
 E. F. of, &c., two able practical surveyors, the said C. D. being 
 nominated by the said A. B., and the said E. F. being nomi- 
 nated by the said Company, pursuant to the provisions in that 
 behalf contained in the said "Lands Clauses Consolidation 
 Act, 1845 :'■ NOW THIS INDENTURE WITNESSETH 
 that in order to carry into effect the said agreement for sale, and 
 
 in consideration of the sum of £,- (the aggregate of the said 
 
 two sums of £ and £ respectively) paid into the Bank 
 
 of England to the account and with the privity of the Pay- 
 
 Digitized by Microsoft® 
 
PUECHASE DEEDS. 347 
 
 master-General for the time being (a) on behalf of the High conveyance 
 
 _^^ o\/ OBY TENANT 
 
 Court of Justice (Chancery division) ex parte the Railway ™b\"way™ 
 
 Company, pursuant to the said Railway Act, 18 — , by the °°'"'^^- 
 
 said Railway Company, he the said A. B. doth hereby vendor 
 
 convey to the said Company, their successors and assigns, pSs' 
 All, &c. (parcels) : Together with all ways, rights, and appur- 
 tenances thereto belonging : And all such estate, right, title, 
 and interest in and to the same as the said A. B. now is or shall 
 become seised or possessed of, or is by the said Acts empowered 
 to convey : To hold the said premises to the said Company, t" '•""^sy 
 
 ,1^ • c J ' company. 
 
 their successors and assigns, for ever, according to the true 
 intent and meaning of the said Act : And the said A. B. covenants 
 doth hereby for himself, his heirs, executors, and administra- by vendor, 
 tors, covenant with the said Company, their successors and 
 assigns. That notwithstanding any act, deed, or thing by 
 the said A. B. done or executed, or knowingly sufifered to the 
 contrary, he the said A. B. now hath good right to convey the 
 said premises hereby conveyed, or expressed so to be, unto and 
 to the use of the said Company, their successors and assigns, in 
 manner aforesaid : And that the said Company their successors 
 and assigns may at all times hereafter quietly hold and enjoy 
 the said premises without any interruption by the said A. B.^ 
 and free from all incumbrances created by him : And also that 
 he the said A. B. and all persons lawfully or equitably claiming 
 under him, shall and will at all times hereaftei", at the cost of 
 the said Company, their successors or assigns, execute such as- 
 surances for more effectually assuring the said premises unto and 
 to the use of the said Company, their successors and assigns, as 
 they may reasonably require : And the said A B. (with the and for 
 intent to bind so far as is practicable all persons into whose "f'l'e'is- 
 custody the deeds and writings hereby covenanted to be pro- 
 duced shall come, but so as to be personally answerable for the 
 acts of himself the said A. B. only) doth hereby covenant with 
 the said Company, their successors and assigns, that he the said 
 A. B. and all other persons into whose custody the said deeds 
 and writings shall come, shall and will, &c. (Covenant to produce 
 deeds, suprd, p. 345). 
 In witness, &c. 
 
 (a) By the 35 & 3C Vict. c. 44, it is enacted that the office of the Accoun- 
 tant-General of the Court of Chancery shall be abolished from the 6th 
 August, 1872, and that his duties and powers shall thereafter be performed 
 by Har Majesty's Paymaster-GeneraL See sees. 4, 6. 
 
 Digitized by Microsoft® 
 
PURCHASE DEEDS. 349 
 
 No. LXXV. 
 
 CONVEYANCE by a Railway CoMPAirr of Super- conveyance 
 
 ^ —^ ^ BY RAILWAY 
 
 FLUOUS Lands to a PUECHASER(a), company 
 
 ^ * OF SUPER- 
 
 THIS INDENTURE, made, &c., Between the Railway lS° 
 
 Company, incorporated by the Railway Act, 18 — , of the Parties. 
 
 one part, and A. B. of, &c. (purchaser), of the other part : 
 Whereas, tinder the powers of the said Railway Recite 
 
 , , purchase 
 
 Act, 18 — (in which Act the "Lands Clauses Consolidation ty and 
 
 ^ , ^ ^ ^ conveyance 
 
 Act, 1845," is incorporated), the said Company some time Jo.|he 
 since purchased from X. Y. of, &c., certain pieces of land and company, 
 hereditaments, of which the land and hereditaments intended 
 to be hereby granted form part, and the same land and 
 hereditaments were accordingly conveyed to the said Com- 
 pany by an indenture dated the day of , and made 
 
 between the said X. Y. of the one part, and the said Com- 
 pany of the other part : And whereas the day of , P*y *'™''., 
 
 1870, is the time limited by the said Railway Act, 1860, ^^-^j"!/"^ 
 
 for the completion of the works thereby authorised : And of worka. 
 WHEREAS the land and hereditaments intended to be hereby not^ required 
 granted are not required for the purposes of the said Railway coi^any.^ 
 
 Act : And whereas the said X. Y. died on the day of ^*j5 °l^^ 
 
 intestate, leaving C. D. of, &c., and E. F. of, &c., his co- ^^-n^g 
 
 heiresses at law, and the said C. D. and E. F. are the persons now ^''^'• 
 entitled to the lands from which the said lands and heredita- 
 ments intended to be hereby granted were severed, and are also 
 owners of the lands immediately adjoining to the last-men- 
 tioned lands and hereditaments : And whereas N. 0. of, &c., ^/^}^™*^°" 
 a person not interested in the matter in question, has made a |^" ^ f °- 
 
 declaration in w:-iting, dated the day of , before P. Q. 
 
 of, &c., a justice of the ffeace for the county of , not inte- 
 rested in the said matter, and has thereby declared that an 
 offer to sell the land and hereditaments intended to be hereby 
 gi-anted was duly made by the said Company to the said C. D. 
 
 and E. F. on the day of , and that such offer was 
 
 not accepted by the said C. D. and E. F., or either of them, 
 within six weeks of making the same : And whereas since 
 
348 PURCHASE DEEDS. 
 
 No. LXXIV. 
 
 CONVEYANCE CONVEYANCE hy an Owner in Fee of Copyholds to 
 COPYHOLDS a Railway Company. 
 
 TO RAILWAY 
 
 -^f^!^^ KNOW ALL MEN BY THESE PRESENTS, that I. A. B., 
 
 considera- ^£^ ^^ (vendor), in consideration of the sura of £ to me 
 
 now paid by the Railway Company, do hereby, in execution 
 
 of the powers for this purpose given me by the Railway 
 
 Conveyance Act, and the public Acts incorporated therewith, convey to the 
 copyholds, said Company, their successors and assigns. All, &c. (here 
 describe the parcels), Togethee with all ways, rights, and appur- 
 tenances thereto belonging, And all such estate, right, title, 
 and interest in and to the same, and the timber thereupon and 
 the minera,ls thereunder, as by the said Acts or otherwise I am 
 To hold to empowered to convey, To hold the premises to the said Com- 
 company. pany, their successors and assigns, according to the true intent 
 Covenants and meaning of the said Act ; And I do hereby for myself, my 
 fOTri^*°to heirs, executors, and administrators, covenant with the said 
 fromTncum- Company, their successors and assigns. That notwithstanding 
 
 brances and ,i'i i !•■ i • i_ ±_ 
 
 for further anything by me or by any persons claimmg under or m trust 
 for me done or suffered to the contrary, I now have power to 
 convey the premises to the said Company, their successors and 
 assigns, and free from incumbrances : AND THAT I and all 
 persons claiming under or in trust for me will at all times 
 hereafter at the request and cost of the said Company, their 
 successors or assigns, do and execute all such acts and assurances 
 for further assuring the premises and every part thereof unto 
 the said Company, their successors and assigns, as by them shall 
 be reasonably required (a). 
 In witness, &c. 
 
 (a) For a form of a deed of enfranchisement of copyholds under the 
 powers of the " Lands Clauses Consolidation Act," 1845, see Trend & Ware's 
 Railway Precedents, p. 261, 2nd ed. 
 
 assurance. 
 
 Digitized by Microsoft® 
 
350 
 
 PURCHASE DEEDS. 
 
 COSVEYANCE 
 BY RAILWAY 
 COMPANY 
 OF SUPER- 
 FLUOUS 
 LANDS. 
 
 Agreement 
 for sale to 
 A. B. 
 
 "Witnessing 
 part. 
 
 Considera- 
 tion. 
 
 Railway 
 company 
 convey 
 
 to pur- 
 cliaser. 
 
 the date of the said declaration the said Company have agreed 
 with the said A. B. for the absolute sale to him of the land 
 and hereditaments intended to be hereby granted, and the 
 inheritance thereof in fee simple in possession, free from in- 
 cumbrances, at the price of £ : NOW THIS INDENTUEE 
 
 WITNESSETH, that in pursuance of the said agreement, and 
 
 in consideration of the sum of £ paid to the said Company 
 
 by the said A. B. on or before, &c. (the receipt, dc), the said 
 
 Company doth hereby grant (h) unto the said A. B., his 
 
 heirs and assigns, All, &c. (parcels, general words, and all the 
 estate, dc) : To hold the premises unto and to the use of the 
 said A. B., his heirs and assigns, for ever. 
 In witness, &a 
 
 No. LXXVL 
 
 BUILDIHO 
 OUANT. 
 
 Grantor 
 conveys 
 par(?els 
 
 to use that 
 grantor 
 may receive 
 pei^etual 
 lent-charge, 
 
 GRANT of Laud for Building in Consideration of a 
 Perpetual Rent-charge. Covenants by Grantee 
 to Build thereon, and to Insure and Keep in repair 
 Buildings and other Covenants in connection 
 with such Buildings. 
 
 THIS INDENTURE, made, &c., Between A. B. of, &c. 
 (vendor), of the one part, and C. D. of, &c. (purchaser), of the 
 other part : WITNESSETH, that in consideration of the rent 
 hereinafter limited, and of the covenants hereinafter contained, 
 and on the part of the said C. D., his heirs and assigns, to be 
 paid, observed, and performed, the said A. B. doth hereby grant 
 unto the said C. D. and his heirs (parcels, general words, and 
 all the estate, &c.) : To have and to hold the hereditaments 
 and premises hereby granted or expressed so to be, unto the 
 said C. D. and his heirs, To the usg that the said A. B., his 
 heirs and assigns, shall for ever receive out of the said here- 
 ditaments and premises the yearly rent of £ , to be paid 
 
 by two equal half-yearly payments on the day of 
 
 and the day of in every year, without deduction 
 
 (the property or income tax in respect of such rent only 
 
 (6) By the " Lands Clauses Consolidation Act," s. 132, it is provided, 
 that itt conveyances of land hy the promoters of the undertaking, the 
 word " grant " shall operate as express covenants for title and for further 
 assurance. 
 
 Digitized by Microsoft® 
 
PURCHASE DEEDS. 351 
 
 excepted), the first half-yearly payment of the said rent to 
 
 BUILDING 
 GBAJJT. 
 
 be made on the day of next : And to this : — 
 
 •^ power of 
 
 FURTHER USE and intent, that as often as the said rent of <"«*^««^' 
 
 £ , or any part thereof, shall be unpaid for twenty-one 
 
 days next after any of the said days whereon the same is 
 hereby made payable, it shall be lawful for the said A. B., his 
 heirs and assigns, to enter into and distrain upon the said here- 
 ditaments and premises, or any part thereof, for the said rent so 
 in arrear, and to deal with and dispose of the distresses as if such 
 rent was reserved on a lease for years, to the intent that the said 
 A. B., his heirs or assigns, may be fully paid the rent so in 
 arrear as aforesaid, and all costs occasioned by the nonpayment 
 thereof : And also to this further use and intent, that power of 
 
 as often as the said rent of £ , or any part thereof, shall be reception of 
 
 unpaid for forty days next after any of the days whereon proau, 
 the same is hereby made payable, it shall be lawful for 
 the said A. B., his heirs and assigns, to enter into and upon, 
 and to hold all or any part of the hereditaments and premises, 
 and to receive the rents and profits thereof, until he or 
 they shall thereby or otherwise be paid the said rent and 
 all arrears thereof then due, or thereafter to become due, 
 during the continuance of such possession, together with all 
 costs which he or they shall sustain by reason of the non- 
 payment thereof, such possession when taken to be without 
 impeachment of waste, And subject and charged as aforesaid, and subject 
 To the use of the said C. D., his heirs and assigns for ever : use of 
 And the said A. B. doth hereby for himself, his heirs, exe- fee. 
 cutors, and administrators, covenant with the said C. D. and ^y^^^r 
 his heirs. That notwithstanding, &c., he the said A. B. now '^ ""'' *"• 
 hath good right to grant the said hereditaments and premises 
 to the uses and in manner aforesaid : And that the said here- 
 ditaments and premises shall at all times hereafter be peaceably 
 and quietly possessed and enjoyed accordingly, without any 
 lawful interruption, claim, or demand from or by the said A. B., 
 &c. : And that, &c. (free from incumbrances, and for further 
 assurance, " to the uses and in manner aforesaid ") : And the covenants 
 
 . , by grantee 
 
 SAID C. D. doth hereby for himself, his heirs, executors, adminis- 
 trators, and assigns, covenant with the said A. B., his heirs 
 and assigns, owners for the time being of the rent-charge herein- 
 before limited in manner following (that is to say). That the 
 said C. D., his heirs and assigns, will at all times hereafter 
 pay the said yeaily rent-charge at the times and in manner to pay rent. 
 
 Digitized by Microsoft® 
 
352 PURCHASE DEEDS. 
 
 ^os^"" hereinbefore appointed for payment thereof, free from all deduc- 
 
 and taxes tio^s (except the property tax in respect of the said rent), and 
 
 also the land tax and all other rates, taxes, and assessments 
 
 now affecting, or hereafter to affect, the hereditaments and 
 
 To oompiete premises hereby granted, (except as aforesaid) : And will 
 
 house within twelve calendar months next after the date of these 
 
 within . , , . . J 
 
 twelve presents, at his or their expense, under the inspection and 
 
 calendar i ' x ' *■ 
 
 months, to the Satisfaction of the architect for the time being of 
 the said A. B., his heirs and assigns, in a good and, workman- 
 like manner, erect and complete on such part of the land 
 hereby granted as is marked out on the plan hereto annexed, 
 with good stone and timber and all other proper materials, a 
 messuage or dwelling-house, with proper offices, according to a 
 plan and elevation to be approved of by such architect, and 
 that such messuage or dwelling-house, and offices so to be 
 
 erected, shall be of the value of £ at least, and that the 
 
 said C. D., his heirs and assigns, shall at the request of the 
 to produce Said A. B., his heirs and assigns, produce full and satisfac- 
 expenditure, tory vouchers of expenditure to the value aforesaid, and also 
 Tiate°ftoin ^^** '^^ P^''* °^ *'^® external elevation or plan of the said 
 erect other niessuage or dwelling-house and offices so to be built as afore- 
 w^thour s*i<i' shall at any time be altered or varied from the original 
 g?autor "' elevation or plan thereof without the written consent of the 
 said A. B., his heirs or assigns, and that no other building 
 shall be erected on the said plot of ground without the like 
 to insure consout : And ALSO, that the said C. D., his heirs and 
 
 against fli'p, ^ . . 
 
 assigns, will at all times insure and keep insured against 
 loss or damage by fire the said messuage or dwelling-house and 
 
 offices so to be built as aforesaid in the office, or some 
 
 other public insurance office, to the extent of two-thirds at 
 to pay least of the value thereof, and duly pay the premiums which 
 
 premiums ^ ' J r J c 
 
 of insur- jj^ay bccome payable in respect of every such insurance, and 
 
 Sofic^'and"* "^^ ^^ demand produce to the said A. B., his heirs and assigns, 
 
 receipts. ^jjg policy Or policics of insurance, and the last receipt for the 
 
 premiums payable in respect thereof, and will at all times 
 
 To repair, repair, support, and keep in good and substantial condition and 
 
 repair the said messuage or dwelling house and offices so to be 
 
 built as aforesaid, both externally and internally, and also the 
 
 boundary and other walls, sewers, drains, rails, gates, fences, 
 
 Power for and fixtures of or connected with the same : And that it shall 
 
 enter once be lawful for the Said A. B., his heirs and assigns, or his or their 
 
 inspect agent or surveyor, alone or with others, once in every year, in 
 
 Digitized by Microsoft® 
 
PURCHASE DEEDS. 353 
 
 the day-time, after twenty-four hours' previous notice of his or "^^^^^ 
 their intention so to do, to enter upon and view the condition of — '■ — :~ 
 
 ^ - , , ■*■ repair and 
 
 the buildings hereafter to be erected on the said plot of land f^l^°^ 
 as aforesaid, and of any defects and wants of reparation then and 
 there found, to give notice in writing to the said C. D., his 
 heirs and assigns, or leave the same upon the premises, which 
 defects and wants of reparation he the said C. D., his heirs or 
 assigns, shall and will, within three calendar months after such 
 notice, repair and amend accordingly : And also that the said 
 C. D., his heirs or assigns, shall not nor will at any time carry 
 on^ or permit to be carried on upon the said premises, any 
 trade or business whatsoever, or use the same for any other 
 purpose than as a private dwelling-house, without the consent 
 in writing of the said A. B., his heirs or assigns, first had and 
 obtained : Provided always, and it is hereby declared, that po^m for 
 
 grantor to 
 
 if the said yearly rent of £ , or any part thereof, at any re-™ter 
 
 time or times during the lifetime of the said several persons ^f^™', 
 
 parties hereto, and of and , or any or either of them, g^^^^^tj 
 
 or within twenty-one years from the death of the last survivor 
 of them, and such further time as may not be contrary to any 
 rule or law for preventing perpetuities, shall be in an-ear and 
 unpaid for the space of twelve calendar months next after either 
 of the said half-yearly days of payment hereinbefore appointed 
 for payment thereof, or if any of the covenants herein contained 
 on the part of the said C D. shall at any time or times during 
 such period or further time as aforesaid be broken, then 
 and in every such case, and notwithstanding the waiver of 
 any previous default, it shall be lawful for the said A. B., his 
 heirs and assigns, owners for the time being of the said rent- 
 charge, into and upon the said premises hereby granted, or 
 expressed so to be, or any part thereof, in the name of the 
 whole, to re-enter, and the said C. D., his heirs and assigns, and 
 all occupiers of the same premises, to expel therefrom, and 
 thereupon the same premises shall remain to the use of and be 
 vested in the said A. B., his heirs and assigns, in all respects as 
 if these presents had not been made. 
 In witness, &c. 
 
 VOL. I. 
 
 A A 
 
 Digitized by Microsoft® 
 
354 PURCHASE DEEDS. 
 
 CONSIDERA- 
 TION OF 
 PERPETUAL 
 RENT. 
 
 No. LXXVII. 
 
 tenI^Yn grant hy Tenants in Common of Land and three 
 ooSmr*^ Dwelling-houses which have been Ebected thereon 
 
 by the Grantee in Consideration of a perpetual 
 Rent-charge — Covenants by the Grantee to pay 
 Rent and Taxes, Insure and Repair:, and not 
 to Carry on Offensive Trades, and Covenants 
 hy Grantors to Indemnify against Paramount 
 Rent. 
 
 Parties. THIS INDENTURE, made, &c., Between A. B. of, &c., and 
 C. D, of, &c. (grantors), of the one part, and E. F. of, &c. 
 (grantee), of the other part, WITNESSETH, that in considera- 
 tion of the expense which has been incurred by the said E. F. 
 in the building of the messuages intended to be hereby granted, 
 and in consideration also of the yearly rent hereinafter limited, 
 and of the covenants hereinafter contained, and on the part of 
 the said E. F., his heirs and assigns, to be observed and per- 
 formed, the said A. B. and C. D. do, and each of them doth 
 hereby grant unto the said E. F., his heirs and assigns. All 
 
 Grantors THAT plot of land situato in the parish of , in the county 
 
 of laji" ° of , which plot of land is delineated in the plan drawn on 
 
 messuages the skin of thosc presents, and is therein coloured : 
 
 grantee.' And ALL THOSE three messuages, lately erected by the said 
 E. F., and now standing on the same plot known by the name 
 
 of cottages, and in the several occupations of , and 
 
 , and (general words, and all the estate, dc.) : To have 
 
 To use that j^^^j) TO HOLD the same unto the said E. F. and his heirs : To the 
 
 grantors 
 
 may receive usE that the Said A. B. and 0. D. respectively, their respective 
 siiaresper- beirs and assigns, shall for ever receive in equal shares as 
 charge. tenants in common, and not as joint tenants, out of the said 
 
 premises, the yearly rent of £ , to be paid by two equal 
 
 half-yearly payments, on the day of , and the 
 
 day of in every year, without deduction (the property or 
 
 income tax in respect of such rent only excepted), the first 
 
 half-yearly payment of the said rent to be made on the 
 
 Power of day of next: And to this further use and intent, 
 
 io.'"*^^' that as often as the said rent of £ , or any part thereof, 
 
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PURCHASE DEEDS. 355 
 
 GRANT BT 
 
 TENANTS IN 
 COMMON IN 
 CONSIDERA- 
 TION OF 
 PERPETUAL 
 RENT. 
 
 shall be unpaid for twenty-one days next after any of the said 
 days whereon the same is hereby made payable, it shall be 
 lawful for the said A, B. and C. D. respectively, and their re- 
 spective heirs and assigns, upon the said premises to distrain, 
 &c. (Powers of distress and entry, see supra, p. 351) : And and subject 
 SUBJECT and charged as aforesaid, to the use of the said E. F., his to use ot 
 heirs and assigns : And each of them the said A. B. and C. D. fee. 
 (as to one equal undivided moiety of the hereditaments hereby 
 granted, or expressed so to be), doth hereby covenant with the f°^^^^^ 
 said E. F., his heirs and assigns, That, &c. {Covenants' for «"-'^^^^- 
 title) : And the said E. F. doth hereby, for himself, his heirs, ^y g™^^ 
 executors, administrators, and assigns, covenant with the said '" i^*y '*'''• 
 A. B. and C. D., their heirs and assigns, in manner following 
 (that is to say) : That he the said E. F., his heirs and assigns, 
 shall and will pay the said yearly rent-charge at the times and 
 in the manner hereinbefore appointed for payment thereof, 
 free from all deductions (except the property or income tax in 
 respect of such rent), and also the land tax, and all other rates, and taxes, 
 taxes, and assessments whatsoever, affecting the premises hereby 
 granted (except as aforesaid) : And also shall and will at all to insure 
 
 . . . . against Are, 
 
 times keep the messuages and buildings hereby granted, insured 
 against loss or damage by fire, in some well-established in- 
 surance ofSce, in a sum equal to two-third parts of the value 
 thereof, and will, whenever required, produce to the said A. B. 
 and 0. D., their heirs and assigns, the policy of such insur- 
 ance, and the receipt for the premiums and sums payable 
 thereon, and in case of damage by fire will rebuild and rein- 
 state the said premises within one year after the damage shall 
 have occurred : And ALSO, shall and will at all times repair to keep in 
 and keep in repair the said messuages and buildings, and all 
 the drains, fixtures and conveniences connected therewith : 
 And that it shall be lawful for the said A. B. and C. D., their Power for 
 
 grantors to 
 
 heirs and assigns, or their agent or surveyor, once in every enter once 
 
 year, in the day time, after twenty-four hours' previous notice fj™ """^ 
 
 year and 
 re notice 
 wants of 
 
 of their intention so to do, to enter upon and view the condi- "Po- 
 tion of the said messuages and buildings, and of any defects or 
 wants of reparation, to give notice in writing to the said E. F., 
 his heirs or assigns, or leave the same upon the premises, 
 which defects and wants of reparation he the said E. F., his 
 heirs or assigns, shall and will within three calendar months Not to erect 
 after such notice, repair and amend accordingly : And also buudinp 
 that the said E. F., his heirs or assigns, will not without the consent of 
 
 A A 2 ^'°*°'- 
 
 Digitized by Microsoft® 
 
356 ~ PUECHASE DEEDS. 
 
 GRANT BY 
 TENANTS IN 
 COMMON IN 
 CONSIDERA- 
 TION OF 
 PERPETDAL 
 RENT. 
 
 rent. 
 
 consent in writing of the said A. B. and C. D., their heirs or 
 
 assigns, erect upon the said plot of ground hereby granted, 
 
 any buildings other than the said messuages and buildings now 
 
 standing thereon : > And that no wall bounding the said plot 
 
 be" ranted °f ground shall be carried to a greater height than six feet 
 
 sSfeet^™ from the ground floor of the said messuages, and that the 
 
 Boundary bouudary walls of the said plot may be used as party walls 
 
 be used as by any person or persons building on the adjoining plots of 
 
 ground, he and they paying a proportionate part of the expense 
 
 Not to carry of keeping the same in repair : And also, that the said E. F., 
 
 trade.™^'™ his heirs or assigns, shall not nor will at any time carry on or 
 
 permit to be carried on upon the said premises any noisy, 
 
 noisome or offensive trade or business (power to A. B. and 
 
 C. D., their heirs and assigns, to re-enter on non-payment of 
 
 rent or breach of covenants, see last Precedent, supra, p. 353) : 
 
 Covenant And THE SAID A. B. and C. D. do hereby, for themselves, and as 
 
 by grantors 
 
 to indem- a separate covenant each of them doth hereby, for himself, his 
 
 uify against -^ i • ■ i . • i i 
 
 pa^™°unt heirs, executors, admmistrators, and assigns, covenant with the 
 said E. F., his heirs and assigns. That the said A. B. and 
 C. D., their heirs, executors, administrators or assigns, will at 
 all times hereafter pay the entirety of a certain yearly rent of 
 
 £ , reserved by an indenture dated, &c., and made, &c., to 
 
 which the hereditaments hereby granted, together with other 
 property of great value, are liable under the same indenture, and 
 also observe and perform the covenants and conditions in the 
 last- mentioned indenture contained, and will at all times keep 
 indemnified the said E. F., his heirs, executors, administrators 
 and assigns, and his, their and every of their, real and personal 
 estate and effects, and especially the premises hereby granted, 
 or expressed so to be, and all messuages and buildings now 
 
 standing thereon, from and against the same rent of £ , 
 
 covenants and conditions, and from and against all actions, 
 costs, claims and demands, , by reason thereof respectively : 
 
 And that whenever the said yearly rent of £ , or any 
 
 portion thereof, shall be in arrear, or shall be paid by the 
 said E. F., his heirs or assigns, or be raised out of the heredita- 
 ments hereby granted, or out of the rents and profits thereof, 
 by reason of the default of the said A. B. and C. D., their 
 heirs, executors, administrators or assigns, to pay the same at 
 the several times at which the same ought to be paid, accord- 
 ing to the terms of the said indenture of the day of 
 
 it shall be lawful for the said E. F., his heirs or assigns, to stop 
 
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PURCHASE DEEDS. 357 
 
 and suspend the payment of the said yearly rent of £ , or 
 
 of any sums on account thereof, until the said yearly rent of 
 
 £ , or any payment in respect thereof, shall cease to be so 
 
 in arrear as aforesaid, or until all such sums as shall be so paid 
 by the said E. F., his heirs or assigns, or shall be so raised as 
 aforesaid, in consequence of such default as aforesaid, and all 
 costs occasioned by any such default, shall be fully satisfied 
 by the said A. B. and C. D., their heirs, executors, adminis- 
 trators, or assigns. 
 
 IX WITNESS, &C. 
 
 GRAKT BY 
 TENANTS IN 
 COMMON IN* 
 C0N8IDEBA- 
 
 II ON OF 
 
 PERPETUAL 
 
 RENT. 
 
 No. LXXVIII. 
 
 APPOINTMENT of Land for Building by Tenant bu.ld,no 
 FOE Life under a Power in Consideration of a ment'by 
 
 , -^ TENANT FOR 
 
 perpetual Kent-charge. life dnder 
 
 THIS INDENTURE, made the day of , Between Parties. 
 
 A. B. of, &c. (grantor), of the first part, and C. D., of, &c. 
 (grantee), of the other part: WITNESSETH that the said Tenant for 
 A. B., by virtue of the power to him for this purpose limited by exercise of 
 
 an indenture of settlement dated the day of , and 
 
 made between, &c., and of every other power enabling him 
 in this behalf, and in consideration of the perpetual yearly rent 
 hereinafter limited, and the covenants hereinaftar contained, 
 and by the said C. T>., his heirs, executors, administrators, and 
 assigns, to be observed and performed, doth hereby appoint that 
 All, &c. (here describe the property to be appointed) : Together Appoints 
 WITH all the rights, easements, privileges, and appurtenances ^^"^ 
 belonging thereto (Except and reserved out of this present Except 
 appointment all springs of water, issuing, arising, or flowing water. 
 out of, in, through, or upon the said plot of ground hereby 
 appointed, or any part thereof, with liberty for the said A. B. 
 and other the person or persons far the time being entitled to 
 the said excepted premises under the limitations of the said 
 indenture of settlement, to enter upon the said hereditaments 
 and to make and maintain thereupon or therein any reservoirs 
 
 Digitized by Microsoft® 
 
358 PURCHASE DEEDS. 
 
 BUILDING 
 APPOINT- 
 
 and channels for conveying the said water from or through the 
 
 TENANT ^roE Same or any part thereof, and from time to time to alter and 
 
 "to^b™ repair the same reservoirs and channels, paying to the owner or 
 
 owners of the said premises for the time being, for all damage 
 
 which may be done to him or them in the exercise of the 
 
 powers hereby reserved), shall henceforth go, remain, and be 
 
 ^aStOT ''*' To THE USES following (that is to say) :■ To the use that the 
 
 persons*' ^'''id A. B. and his assigns, and other the person or persons who 
 
 mdOTsettie- Under the limitations of the said indenture of settlement would 
 
 recdv^rent- ^OT the time being be entitled to the hereditaments and premises 
 
 " ^^^' hereby appointed, or expressed so to be, if these presents had 
 
 not been made, may from and after the date of these presents 
 
 for ever receive out of the hereditaments and premises hereby 
 
 appointed, or expressed so to be, the yearly rent-charge of 
 
 £ , to be paid by equal half-yearly payments, &c. : And 
 
 TO THIS FURTHER USE and intent, that as often as the said 
 rent, or any part thereof, shall be in arrear for twenty-one days 
 after any of the days whereon the same is hereby made payable, 
 it shall be lawful for the said A. B. or other the person or 
 persons for the time being entitled to the said rent-charge, to 
 enter into and distrain, &c. {Powers of distress and entry and 
 covenants by grantor for title as in Precedent No. LXXVI. 
 mutatis mutandis :) And the SAID C. D. doth hereby for him- 
 self, his heirs, executors, administrators, and assigns, covenant 
 with the said A. B. and his assigns, and other the person or 
 persons for the time being entitled to the said rent under the 
 limitation aforesaid, that, &c. {Covenants by grantee and power 
 of re-entry, as in Precedent No. LXXVI. mutatis mutandis.) 
 In witness, &c. 
 
 No. LXXIX. 
 
 GRA!«T AND GRANT and Sale tn Fee of several Rent-charges 
 
 SALE OF jr" 7 • T • 7 ' 
 
 SEVERAL EACH Of which IS made payable out of separate Free- 
 
 CHAEQE8 HOLD Hereditaments. 
 
 THIS INDENTURE, made the day of , Between 
 
 A. B. of, &c. (vendor), of the one part, and C. D. of, &c. {pur- 
 Agreement chascr), of the Other part : Whereas the said A. B. hath asrepd 
 
 for creation •,! ,i ■ i /-( t\ j< ji ,• r. ■• ' ^ ^cu. 
 
 and sale of With the Said. O. V. lor the creation of the several vearlv rpn+ 
 
 several rent- . ,,"''■ ^^"''" 
 
 charges. charges ot ± , ± , and £ , intended to be hereby 
 
 Digitized by Microsoft® 
 
PURCHASE DEEDS. 359 
 
 granted, and for securing the payment thereof respectively as '"'*'''' *™ 
 hereinafter mentioned, and also for the absolute sale to him the ^^ra^^ 
 said C. D. of such yearly rent-charges and the inheritance "g^"^- 
 thereof in fee simple free from incumbrances, and the securities 
 
 for the same respectively, at the price of £ : NOW THIS 
 
 INDENTURE WITNESSETH, that in pursuance of the said 
 agreement, and in consideration, &c. (the receipt, &c.), he the 
 said A. B. doth hereby grant unto the said C. D., his heirs vendor 
 and assigns henceforth for ever, the several annual sums or 
 yearly rent-charges hereinafter mentioned to be respectively 
 issuing and payable out of the several pieces of land, messuages 
 and hereditaments hereinafter mentioned in manner hereinafter 
 
 provided (that is to say) : ONE'ANNUAL sum or yearly rent- one yearly 
 r n 1 1* • • 11 /• n rent-charge 
 
 CHARGE 01 Jb • to be yearly issumg and payable out of all payable out 
 
 that piece of land containing square yards or thereabouts lands. 
 
 delineated in the plan drawn in the margin of these presents, 
 and therein coloured red, and numbered 1, and out of all that 
 partly built messuage or tenement now standing on part of the 
 
 said piece of ground, and known as number 1, Buildings, 
 
 and out of all other buildings and erections now standing or to 
 be hereafter built upon the same piece of ground or any part 
 thereof, And out of all rights, easements, advantages and appur- 
 tenances to the same hereditaments belonging or therewith held 
 or enjoyed : Also one annual sum or yearly rent-charge Another 
 
 of £ to be yearly issuing and payable out of all that piece JhligV™ 
 
 of land containing square yards or thereabouts, delineated o/other°" 
 
 in the plan drawn in the margin of these presents, and therein °^ 
 coloured yellow, and numbered 2, and out of all that partly 
 built messuage or tenement now standing on part of the same 
 
 piece of ground and known as number 2, Buildings, and out 
 
 of all other buildings and erections now standing or to be here- 
 after built upon the same piece of ground or any part thereof. 
 And out of all rights, easements, advantages, and appurtenances 
 to the same premises belonging or therewith held or enjoyed : 
 
 Also one annual sum or yearly rent-charge of £ Another 
 
 vbsiTIv rent- 
 
 to be yearly issuing and payable out of all that piece of land cha^e ^^^ 
 
 containing square yards or thereabouts, delineated in the rf^^er 
 
 plan drawn in the margin of these presents, and therein coloured 
 green, and numbered 3, and out of all that partly built messuage 
 or tenement now standing on part of the same piece of ground 
 
 and known as number 3, Buildings, and out of all other 
 
 buildings and erections now standing or to be hereafter built 
 
 Digitized by Microsoft® 
 
360 PURCHASE DEEDS. 
 
 SAIiE OF 
 SEVERAIi 
 
 RENT- 
 CHABOES. 
 
 °sl^E o^ upon the same piece of ground or any part thereof, And out of 
 all rights, easements, advantages, and appurtenances to the 
 same premises helonging or therewith held or enjoyed : All 
 WHICH several pieces of land hereinbefore described lie con- 
 tiguous to each other in the parish of , in the city of , 
 
 and are bounded as an entire piece of land on, &c. (here describe 
 hounda/rits), And all which several annual sums or yearly rent- 
 charges are to be paid and payable by equal half-yearly pay- 
 ments on the day of , and the day of in 
 
 every year, without any deduction or abatement whatsoever, and 
 the first of each of such half-yearly payments is to be made on 
 
 To pm- the day of : To HAVE and to hold the said rent- 
 chaser in '^ . 
 fte. charges and premises unto and to the use of the said G. D., his 
 
 "^™"rs''of l^si^^ ^'^^ assigns : AND THE SAID A. B. doth hereby grant and 
 ente^^for™* Covenant to and with the said C. D., his heirs and assigns. That 
 plyminl; ^^ ^^7 °°® °^ *^^ ^^^^ annual sums or yearly rent-charges, or any 
 chSgM. P^'^* thereof, shall at any time be in arrear and unpaid for twenty- 
 one days next after either of the days hereinbefore appointed 
 for the payment thereof. Then and in every such case it shall 
 be lawful for the said C. D., his heirs and assigns, to enter into 
 and distrain upon the said premises out of which the said annual 
 sum or yearly rent-charge so in arrear and unpaid as aforesaid 
 is hereby made issuing and payable, or any part thereof, and to 
 dispose according to law of the distress or distresses then and 
 there found to the intent that thereby or otherwise the same 
 annual sum or yearly rent-charge, and every part thereof so in 
 arrear and unpaid as aforesaid, and all costs and expenses oc- 
 casioned by the non-payment thereof, may be fully paid and 
 satisfied : And further, that if any one of the said annual sums 
 or yearly rent-charges, or any part thereof, shall at any time be 
 unpaid for forty days next after either of the days hereinbefore 
 appointed for the payment thereof. Then and in every such case 
 it shall be lawful for the said C. D., his heirs and assigns, to enter 
 into and upon, and to hold the said premises out of which the 
 said annual sum or yearly rent-charge so in arrear and unpaid 
 as aforesaid is hereby made issuing and payable, or any part 
 thereof, and to take the rents and profits thereof, until he or 
 they shall therewith and thereby or otherwise be fully paid and 
 satisfied the same annual sum or yearly rent-charge, and the 
 arrears thereof due at the time of such entry, or afterwards to 
 become due during his or their being in possession of the same 
 premises, together with all costs and expenses occasioned by the 
 
 Digitized by Microsoft® 
 
PURCHASE DEEDS. 361 
 
 OOAITT AND 
 
 SALE OF 
 SEVERAL 
 
 RENT- 
 CHARGES. 
 
 non-payment thereof respectively, And such possession when 
 taken to be without impeachment of waste : And the said 
 A. B. doth hereby for himself, his heirs, executors, and adminis- 
 trators, covenant with the said C. D., his heirs and assigns, S^j^^ 
 That notwithstanding any act or thing by him the said A. B., 
 or any of his ancestors, done or executed, or knowingly suffered, 
 he the said A. B. now hath good right to grant the said several ^a"t^reni^ 
 annual sums or yearly rent-charges hereb}' granted, or expressed ''''^'**'' 
 so to be, in manner aforesaid, and to charge the same respectively 
 upon the several premises out of which the same are herein- 
 before made issuing and payable respectively, and to grant the 
 several powers hereinbefore granted for securing or enforcing the 
 payment of the same several annual sums or yearly rent-charges 
 in manner aforesaid according to the true intent and meaning 
 of these presents : And that the said several annual sums or for quiet 
 yearly rent-charges shall and may at all times hereafter be 
 received, taken and enjoyed by the said C. D., his heirs and 
 assigns, without any lawful interruption or disturbance by him 
 the said A. B., his heirs or assigns, or any person lawfully or 
 equitably claiming by, from, under, or in trust, for him, them, 
 or any of them, or by, from, or under any of his ancestors : And free from 
 THAT freed and discharged, or otherwise, by him the said A. B., trances, 
 his heirs, executors, or administrators, sufficiently indemnified 
 from and against all estates, incumbrances, claims, and demands 
 whatsoever either already or hereafter to be made, occasioned, 
 or suffered by the said A. B., or his heirs, or any person lawfully 
 or equitably claiming by, from, under, or in trust for him, them, 
 or any of them, or by, from, or under any of his ancestors : And ^^lH 
 FURTHER, that he the said A. B., his heirs and assigns, and assurance. 
 every other person having or lawfully or equitably claiming any 
 estate, right, title, interest, property, claim, or demand, in, to, 
 or upon the said several premises out of which respectively the 
 said annual sums or yearly rent-charges hereby granted, or 
 expressed so to be, are hereinbefore respectively made issuing 
 and payable, or any part thereof respectively, by, from, under, 
 or in trust for him the said A. B., or his heirs, or by, from, or 
 under any of his ancestors, shall and will from time to time, 
 and at all times hereafter, upon the request and at the cost of 
 the said C. D., his heirs or assigns, do and execute every such 
 lawful act, thing, and assurance for the further and more per- 
 fectly granting the said several annual sums or yearly rent- 
 charges hereby granted, or any of them, and charging the 
 
 Digitized by Microsoft® 
 
RENT- 
 GHAAOBS. 
 
 362 PURCHASE DEEDS. 
 
 "tAM 0F° same respectively upon tbe said premises out of which re- 
 spectively the same are hereinbefore respectively made issuing 
 _ and payable, and granting the said powers and remedies hereby 
 granted for securing and enforcing payment of the said several 
 annual sums or yearly rent-charges in manner aforesaid, 
 according to the true intent and meaning of these presents, as 
 by the said C. D., his heirs or assigns, shall be reasonably 
 required (Covenant by A. B. for procl/iiction of the deeds, dc., 
 relating to " the several hereditaments and premises, out 
 of which the said several rent-charges respectively are made 
 payable "). 
 
 In witness, &c. 
 
 No. LXXX. 
 
 coNVEVABOE CONVEYANCE of Freeholds which are Subject to a 
 FREEHOLDS perpetuol Yearly Rent-Charge. 
 
 SUBJECT TO 
 
 PERPETUAL rpjjjg INDENTURE, made, &c., Between A. B. of, &c. 
 Parties. {vendor), of the one part, and C. D. of, &c. {purchaser), of the 
 Eecite grant other part : Whereas by an indenture, dated, &c., and made 
 
 or land to * "^ / » 7 
 
 in ft7sub- "between G. H. of, &c., of the one part, and the said A. B. of the 
 ■^ CT* etnti °*^^r T^axi, for the considerations therein mentioned, the plot 
 rent-eiiarge. of ground hereinafter described and intended to be hereby 
 assured, and the appurtenances, were granted by the said G. H. 
 unto the said A. B. and his heirs ; To the use that the said 
 G. H., his heir.s and assigns, should for ever thereafter receive 
 out of the said hereditaments and premises hereby assured, 
 or expressed so to be, the yearly rent of £5 to be paid as 
 therein mentioned, and subject and charged as aforesaid, and 
 subject also to the powers and remedies by and in the said 
 indenture limited and contained, for securing the due payment 
 of the said yearly rent, to the use of the said A B., his heirs 
 and assigns, for ever ; and the indenture now in recital con- 
 tains a covenant by the said A. B. for the payment of the said 
 yearly rent-charge and certain other covenants by him as to 
 Krlote^d" buildings and otherwise: And whereas since the date and 
 h^^e'on*' execution of the said recited indenture, the said A. B., in per- 
 lonvtye^dto formauce of a covenant in this behalf contained in the said 
 indenture, hath erected a messuage or dwelling-house upon the 
 
 Digitized by Microsoft® 
 
 him. 
 
PUBCHASE DEEDS. 363 
 
 CONVEY ANnP, 
 
 OF 
 
 FREEHOLDS 
 
 SUBJECT TO 
 
 PERPETUAL 
 
 RENT. 
 
 said plot of ground intended to be hereby assured : And 
 WHEREAS the said A. B. hath agreed with the said C. D. for 
 the sale to him of the plot of ground, messuage or dwelling- 
 house, and hereditaments hereinafter described and intended to ^,reement 
 be hereby assured, and the inheritance thereof in fee simple hMcdiL-' 
 in possession (subject to the aforesaid yearly rent-charge and Sj^^^^ 
 the powers and remedies in the said recited indenture con- ^JJ^^"""" 
 tained for securing the payment thereof, and the covenants 
 and conditions in such indenture contained, and on the part 
 of the said A. B., his heirs and assigns, to be observed and 
 performed), at the price of £ : NOW THIS INDEN- 
 TURE WITNESSETH, that in pursuance of the aforesaid 
 
 agreement, and in consideration of the sum of £ to the 
 
 said A. B. now paid by the said C. D., the receipt whereof the 
 said A. B. doth hereby acknowledge, and from the same doth 
 hereby release the said C. D., he the said A. B. doth hereby 
 grant unto the said C. D. and his heirs. All that plot of J™^^"'' 
 ground, (parcels,) and all that messuage or dwelling-house Jf°^]j?J^_ 
 which has been erected on the said plot of ground as afore- ^"""^ 
 said (general words, and all the estate, <f c.) : To have and to chaser in' 
 
 fee subject 
 
 HOLD the same (subject as aforesaid), unto and to the use of the to perpetual 
 
 . ^ rent-charge, 
 
 said 0. D., his heirs and assigns for ever : And the said A. B. 
 doth hereby for himself, his heirs, executors, and administrators, 
 covenant with the said C. D., his heirs and assigns. That not- covenant 
 
 o ' by vendor 
 
 withstanding any act, deed, or thing by the said A. B. done or 
 executed, or knowingly suffered to the contrary, he the said A. B. 
 now hath good right to grant the said hereditaments and pre- 
 mises hereby granted, or expressed so to be, unto and to the use for right to 
 of the said C. D., his heirs and assigns, subject and in manner 
 as aforesaid : And that the said C. D., his heirs and assigns, for quiet 
 
 , ° eryoymeut, 
 
 shall and may at all times hereafter quietly and peaceably 
 possess and enjoy the said hereditaments and premises, and 
 receive the rents and profits thereof, without any lawful evic- 
 tion, interruption, claim, or demand whatsoever, from or by the 
 said A. B. or any person rightfully claiming from, under, or in 
 trust for him : And that free from all incumbrances made, f^f„S'"" 
 occasioned, or suffered by the said A. B. or any person rightfully ^'^°'=«5' 
 claiming as aforesaid : And further, tha<t the said A. B., and and for 
 all persons rightfully claiming as aforesaid, shall and will from assurance. 
 time to time, and at all times hereafter, at the request and cost 
 of the said C. D., his heirs or assigns, do and execute, or cause 
 to be done and executed, all such acts, deeds, and things for 
 
 Digitized by Microsoft® 
 
364 
 
 PURCHASE DEEDS. 
 
 CONVEYANCE 
 
 OF 
 
 FREEHOLDS 
 
 SUBJECT TO 
 
 PERPETUAL 
 
 RENT. 
 
 Covenant 
 by pur- 
 chaser to 
 pay rent- 
 charge and 
 observe 
 grantee's 
 covenants. 
 
 further aad more perfectly assuring the said hereditaments and 
 premises, and every part thereof, unto and TO the use of the 
 said C. D., his heirs and assigns, subject and in manner as afore- 
 said, as shall or may be reasonably required : And the said 
 C. D. doth hereby, for himself, his heirs, executors, administra- 
 tors, and assigns, covenant with the said A. B., his executors and 
 administrators, that the said C. D., his heirs and assigns, shall 
 and will at all times hereafter duly pay the said yearly rent- 
 charge of £5, and observe and perform all and singular the 
 covenants and conditions in the said recited indenture con- 
 tained, and on the part of the said A. B., his heirs and assigns, 
 to be observed and performed, and shall and will at all times 
 save harmless and keep indemnified the said A. B., his heirs, 
 executors, administrators, and assigns, and his and their estates 
 and effects whatsoever, from the said yearly rent-charge, and 
 from the observance and performance of the said covenants and 
 conditions, and from all actions, damages, claims, and demands 
 on account thereof respectively. 
 In witness, &c. 
 
 No. LXXXI. 
 
 CONVEYANCE 
 OF A FEE- 
 KARM RENT. 
 
 Parties. 
 
 Agreement 
 for sale. 
 
 CONVEYANCE of a Perpetual yearly Eent issuing out 
 of Freeholds. 
 
 THIS INDENTURE, made the day of , Between 
 
 A. B. of, &c. {vendor), of the one part, and C. D. of, &c. (pur- 
 chaser), of the other part {recite indentwre by which certain 
 hereditaments are assured unto G. H. and his heirs, to the 
 use that A. B., his heirs and assigns, shall receive thereout a 
 yearly rent of £5, and subject thereto, and to the powers and 
 remedies thereby limited for securing the payment thereof, to 
 the use of G. H., his heirs and assigns, and that the said in- 
 dentwre contains a covenant by G. H. for payment of the 
 rent-chwrge and other covenants by him as to buildings and 
 otherwise, suprd, pp. 3.50 — 353 : And whereas the said A. B. 
 hath agreed with the said C. D. for the absolute sale to him of 
 the said yearly rent-charge of £5, and the benefit of all the 
 powers and remedies limited by the said recited indenture for 
 
 Digitized by Microsoft® 
 
PURCHASE DEEDS. 365 
 
 CONVEYANCE 
 
 OF A FEE- 
 FABU BENT. 
 
 securing the payment thereof, and of the covenants and con- 
 ditions in such indenture contained, and on the part of the 
 said O. H., his heirs and assigns, to be observed and performed, 
 at the price of £ : NOW THIS INDENTURE WIT- 
 NESSETH, that in pursuance of the aforesaid agreement, and 
 
 in consideration of the sum of £ to the said A. B. now 
 
 paid by the said C. D. (the receipt, (fee), he the said A. B. doth 
 hereby grant unto the said C. D. and his heirs, All that the conveyance 
 aforesaid yearly rent-charge of £5, and the full benefit and o/peietuai 
 advantage of all the powers and remedies by and in the said 
 recited indenture limited and contained for securing the pay- 
 ment thereof, and of the covenants and conditions in such 
 indenture contained, and on the part of the said G. H., his 
 heirs and assigns, to be observed and performed : And all the and aii the 
 ESTATE, right, title, interest, claim, and demand of the said A. B. 
 in, to, and upon the same : To have and to hold the same to purchaser 
 unto and to the use of the said C. D., his heirs and assigns for 
 ever : And the said A. B. doth hereby for himself, his heirs, covenant 
 
 . . . ^y vendor 
 
 executors, and administrators, covenant with the said C. D., his 
 heirs and assigns. That notwithstanding any act, deed, or thing 
 by the said A. B. done or executed, or knowingly suffered to 
 the contrary, he the said A. B. now hath good right to assure for right to 
 the said yearly rent-charge and premises hereby granted or 
 expressed so to be, unto and to the use of the said C. D. his 
 heirs and assigns, in manner aforesaid : And that the said ^''^o^'^^^t 
 C. D., his heirs and assigns, shall and may at all times here- 
 after peaceably hold and enjoy the said yearly rent-charge and 
 premises without any lawful eviction, interruption, claim, or 
 demand whatsoever, from or by the said A. B., or any person 
 rightfully claiming from, under, or in trust for him : And fJ^^J^"" 
 that free from all incumbrances made, occasioned, or suffered dances, 
 by the said A. B., or any person rightfully claiming as afore- 
 said : And further, that the said A. B., and all persons right- ^^nhtl 
 fully claiming as aforesaid, shall and will from time to time 
 and at all times hereafter, at the request and cost of the said 
 C. D., his heirs or assigns, do and execute, or cause to be done 
 and executed, all such acts, deeds, and things for further and 
 more perfectly assuring the said yearly rent-charge and pre- 
 mises, and every part thereof, unto and to the use of the said 
 C. D., his heirs and assigns, in manner aforesaid, as shall be 
 reasonably required. 
 In witness, &c. 
 
 Digitized by Microsoft® 
 
 assurance. 
 
366 
 
 PURCHASE DEEDS. 
 
 GRANT IN 
 
 FEE-FARM 
 
 BY 
 
 MORTGAGEE 
 
 AND 
 MOE-TGAOOB. 
 
 Parties. 
 
 Grant by 
 mortgagee 
 and mort- 
 gagor of 
 parcels, 
 
 to pur- 
 chaser to 
 use that 
 mortgagee 
 may receive 
 rent-charge, 
 &;c., and 
 subject 
 thereto to 
 purchaser 
 in fee. 
 
 Declaration 
 that pro- 
 visions in 
 mortgage 
 shall apply 
 to rent. 
 
 No. LXXXII. 
 
 GRANT of Land by Moetgagee and Mortgagor in con- 
 sideration of perpetual Rent-charge, wWcA is Limited 
 to the Mortgagee. 
 
 THIS INDENTURE, made, &c., Between A. B. of, &c., {mort- 
 gagee), mortgagee in fee of the hereditaments hereinafter 
 described and intended to be hereby assured under an inden- 
 ture dated the day of , of the first part, C. D. of, &c. 
 
 (grantor), owner in fee of the said hereditaments subject to the 
 said mortgage, of the second part, and E. F. of, &c. {purchaser), 
 of the third part : WITNESSETH, that in consideration of 
 the rent hereinafter limited, and of the covenants, hereinafter 
 contained, and on the part of the said E. F., his heirs and 
 assigns, to be observed and performed, the, said A. B., at the 
 request of the said C. D., doth hereby grant, and the said C D. 
 doth hereby grant and confirm unto the said E. F. and his heirs: 
 All, &c. {parcels, general words, and all the estate, &c.) : To 
 have and to hold the same unto the said E. F. and his heirs 
 {To the use that A. B., his heirs and assigns, shall receive rent- 
 charge with powers of distress and entry, supra, p. 351, and 
 subject as aforesaid to the use of the said E. F., his heirs and 
 assigns for ever {Covenant by A. B. against incumbrances — 
 covenants for title by C. D.). {Grantee's Covenants as in Prece- 
 dent No. LXXVI., supra, pp. 351, 352, except that they will be 
 entered into with A. B. Power to A. B., his heirs or assigns, 
 to re-enter, in case rent or grantee's covenants shall not be 
 paid and observed, supra, p. 353). And it is hereby de- 
 clared, that the rent, powers, and benefits hereby limited and 
 granted to the said A. B., his heirs and assigns as aforesaid, 
 shall be subject to such and the like provisoes, powers, and 
 declarations as the hereditaments hereby assured to the said 
 E. F. as aforesaid were subject to, under, or by virtue of the 
 said indenture of mortgage immediately before the execution of 
 these presents. 
 In witness, &c. 
 
 Digitized by Microsoft® 
 
PURCHASE DEEDS. 367 
 
 No. LXXXIII. 
 
 CONVEYANCE of one of several Dwelling-houses conveyance 
 subject to a Proportionate Part of a perpetual Rent- pkopobtion 
 CHARGE reserved m respect of all the Houses by the chabqe. 
 Original Grant. 
 
 THIS INDENTURE, made the day of , Between Parties. 
 
 A. B. of, &c. (vendor), of the one part, and C. D. of, &c. (pur- 
 chaser), of the other part : Whereas by an indenture, dated. Recite 
 &c., and made between Q. H. of the one part, and the said grant 
 
 reserving 
 
 A. B. of the other part, in consideration of the rent apd covenants perpetmi 
 
 ^ rent. 
 
 thereinafter limited and contained, All that, &c. (parcels), 
 were granted by the said G. H. unto the said A. B. and his 
 heirs, to the use that a yearly rent-charge of £4 might for ever 
 thereafter be charged upon the same land, and be received by 
 the said G. H., his heirs and assigns, as therein mentioned, and 
 subject to the said rent-charge, and to certain powers of distress 
 and entry thereby limited for securing the payment of the said 
 rent to the use of the said A. B., bis heirs and assigns for ever : 
 And whereas pursuant to a covenant for that purpose con- That grantee 
 tained in the hereinbefore recited indenture, the said A. B. fourUouses. 
 hath erected and completed four dwelling-houses on the piece 
 of land thereby granted, or on some pai't thereof : And Agreement 
 WHEREAS the said A. B. hath agreed with the said 0. D. for the one of such 
 absolute sale to him of the dwelling-house and hereditaments subject to 
 hereinafter described, and intended to be hereby assured (being of rent- 
 one of the four dwelling-houses so built and completed as afore- 
 said), and the inheritance thereof in fee simple in possession, 
 free from all incumbrances, except the payment of the yearly 
 sum of £1, part of the said yearly rent-charge of £4 reserved 
 by the hereinbefore recited indenture, at the price of £100 : 
 And whereas the said A. B. and C. D. have agreed to enter 
 into the mutual covenants hereinafter contained relative to the 
 payment of their respective proportions of the said rent-charge 
 of £4 : NOW THIS INDENTURE WITNESSETH, that in witnessing 
 pursuance of the said agreement, and in consideration of the 
 sum of £100 to the said A. B. now paid by the said C. D. 
 (the receipt, dc), he the said A. B. doth hereby grant unto 
 
 Digitized by Microsoft® 
 
368 PURCHASE DEEDS. 
 
 SUBJECT TO 
 
 PBOPOBTION 
 
 OF BENT- 
 
 CHAHQE. 
 
 "ubmht'^? tlie said C. D. and his heirs, Ail THjiT messuage or 
 dwelling-house situate and being, &c., and the buildings 
 and garden adjoining or belonging to the said messuage 
 ^ite'' °^ dwelling-house, TOGETHER WITH all ways, liberties, ease- 
 parceis ments, and other the appurtenances to the said heredita- 
 ments and premises hereby granted, or expressed so to be, 
 belonging, or in anywise appertaining, including the joint 
 use, together with the other persons or person who may be 
 entitled to the same, of the pump, situate, &c., and of the drains 
 appertaining to or connected with the said messuage or dwelling- 
 house, and also including all other liberties granted by the said 
 
 recited indenture of the day of , so far as the same 
 
 do or can in any respect relate to the hereditaments hereby 
 
 granted, or expressed so to be : And all the estate, right, 
 
 title, interest, claim, and demand of the said A. B. in, to, and 
 
 upon the said hereditaments and premises, and every part 
 
 to purchaser thereof : To HAVE AND TO HOLD the premises unto and to the 
 
 '" '°*' use of the said C. D., his heirs and assigns, subject to the pay- 
 
 Bubject to ment of the yearly sum of £1 (part of the said yearly rent-charge 
 
 ate part of' of £4), and to the observance and performance of the covenants 
 
 and to *'^^' and conditions contained in the said recited indenture so far as 
 
 in original the Same relate to the said yearly sum of £1, and to the said 
 
 piioabie to premises hereby granted, or expressed so to be (Covenants by 
 
 chased. said A. B.for title, and for production of indenture of grant) : 
 
 Covenants And FURTHER, that the Said yearly rent-charge of £4 has been 
 
 by vendor _ j j o 
 
 that rent duly paid and satisfied up to the day of , now last 
 
 and cove- •/ r r j j 
 
 been*^™ past, and that the covenants and conditions contained in the 
 
 tonwi' ^^^^ recited indenture, and on the part of the grantee, his heirs 
 
 or assigns, to be observed and performed, have been duly per- 
 
 to pay his formed up to the date of these presents: And THAT he the 
 
 of rent, said A. B., his heirs and assigns, shall and will at all times 
 
 hereafter pay the said yearly rent-charge of £4, reserved by the 
 
 said recited indenture (except the said yearly sum of £1, being 
 
 the part of the said yearly rent-charge which is made payable 
 
 by these presents in respect of the hereditaments herebygranted), 
 
 and observe and also shall and will at all times observe and perform all 
 
 appucabie aud singukr the covenants and conditions in the said recited 
 
 not'soidT indenture contained and on the part of the said A. B., his heirs 
 
 or assigns, to be observed and performed, so far as the same 
 
 relate to such part of the premises comprised in the said recited 
 
 indenture as are not hereby granted, and shall and will at all 
 
 times keep indemnified the said C. D., his heirs, executors. 
 
 Digitized by Microsoft® 
 
PURCHASE DEEDS, 369 
 
 CONVEYANCE 
 SUBJECT TO 
 PROPORTION 
 OF RENT- 
 CHARGE. 
 
 administrators, and assigns, and his and their real and personal 
 estate and effects, from and against the payment of the said 
 yearly rent-charge of £4 (except such part thereof as aforesaid), 
 and the said covenants and conditions, so far as the same relate i^aemuuy 
 to such part of the said premises comprised in the said recited tiwreirom. 
 indenture as aforesaid as are not hereby granted, and also from 
 and against all actions, costs, damages, claims, and demands 
 ■whatsoever, by reason of the non-payment of the said yearly 
 rent-charge (except as aforesaid), or the non-observance or non- 
 performance of such covenants and conditions, or any of them : 
 And further, that in case the hereditaments and premises Power to 
 
 ' ^ purcnaHer 
 
 hereby granted, or any part thereof, shall at any time or times ^/^'l*™'" 
 hereafter be distrained upon, or in case any other proceedings JJfJ'^'it^of' 
 shall at any time or times hereafter be taken against or with ^"j'J'"^'' ""' 
 reference to the same hereditaments and premises, or any part 
 thereof, or against the said C. D., his heirs or assigns, for the 
 payment of the said yearly rent-charge of £4 (except such pro- 
 portion thereof as is made payable by these presents in respect 
 of the hereditaments hereby granted as aforesaid), or any part 
 thereof, or any sum or sums of money on account thereof, or on 
 account of the covenants and conditions hereinbefore covenanted 
 to be observed and performed by the said A. B., his heirs or 
 assigns, or any of them, or the non-observance thereof, or if the 
 said C. D., his heirs or assigns, shall at any time or times, 
 hereafter pay the said yearly rent-charge of £4 (except such 
 part thereof as aforesaid), or any part thereof, or any sum or 
 sums of money on account thereof, or on account of the last- 
 mentioned covenants and conditions, or any of them, or if he or 
 they shall at any time or times hereafter be put to, bear, or sus- 
 tain, any costs, loss, or damage, on account of the non-observance 
 of such covenants and conditions, or any of them, then and in 
 every such case it shall be lawful for the said C. D., his heirs 
 or assigns, into and upon all or any part of such portion of the 
 premises comprised in the said recited indenture as is not hereby 
 granted, to enter and distrain for all such monies, costs, loss or 
 damage, as he the said C. D., his heirs or assigns, or the here- 
 ditaments and premises hereby granted, shall so pay, bear, or 
 sustain, by reason of any such distresses, proceedings, costs, loss, 
 or damage, and to dispose of the distresses then and there found 
 according to law, as landlords may for rent reserved upon leases 
 for years, to the intent that thereby the said C. D., his heirs or 
 assigns, may be fully paid and satisfied all such monies, costs, 
 
 VOL. I. B B 
 
 Digitized by Microsoft® 
 
370 
 
 PURCHASE DEEDS. 
 
 CONVEYANCE 
 
 SUBJECT TO 
 
 PROPOETION 
 
 OF RENT- 
 
 CHAilGE. 
 
 Covenants 
 by pur- 
 chaser 
 
 to pay his 
 proportion 
 of rent and 
 ohserve 
 covenants 
 applicable 
 to pur- 
 chased 
 property. 
 
 and to 
 indemnify 
 vendor 
 therefjom. 
 
 Power to 
 vendor to 
 distrain 
 for rent 
 payable in 
 respect of 
 purchased 
 property. 
 
 damages, and expenses, as aforesaid : And that in case and 
 so often as aforesaid, it shall be lawful for the said CD., his 
 heirs or assigns, to enter into and upon and to hold all or any 
 part of such portion of the premises comprised in the said recited 
 indenture as is not hereby granted, and to receive the rents and 
 profits thereof until he or they shall be fully paid all such 
 monies, costs, damages, and expenses as aforesaid : And the 
 SAID C. D.^ doth hereby for himself, his heirs, executors, ad- 
 ministrators, and assigns, covenant with the said A. B., his 
 heirs, and assigns, That he the said C. D., his heirs and 
 assigns, will at all times hereafter pay the said yearly sum of 
 £1 (being the proportion of the aforesaid rent-charge hereby 
 made payable in respect of the hereditaments hereby granted), 
 and will at all times observe and perform all and singular the 
 covenants and conditions in the said recited indenture con- 
 tained, which henceforth, on the part of the said C. D., his 
 heirs or assigns, ought to be observed and performed in respect 
 of the premises hereby granted, and will at all times here- 
 after keep indemnified the said A. B., his heirs, executors, 
 administrators, and assigns, and his and their real and per- 
 sonal estate and effects from and against the payment of the 
 said yearly sum of £1, and the said covenants and conditions 
 relating to such portion of the said premises as is hereby 
 granted, and from and against all actions, costs, damages, 
 claims, and demands whatsoever, by reason of the nonpayment, 
 of the said yearly sum of £1, or the non-observance or non- 
 performance of the last-mentioned covenants and conditions, 
 or any of them : And FURTHER, that in case any part of the 
 hereditaments and premises comprised in the said recited in- 
 denture, and not hereby granted, shall at any time or times 
 hereafter be distrained upon, or in case any other proceedings 
 shall at any time or times hereafter be taken against or with 
 reference to the same hereditaments and premises, or any part 
 thereof, or against the said A. B., his heirs or assigns, for the 
 payment of the said yearly sum of £1, or any part thereof, or 
 any sum or sums of money on account thereof, or on account 
 of the covenants and conditions hereinbefore covenanted to be 
 observed and performed by the said C. D., bis heirs or assigns, 
 or the non-observance thereof, or if the said A. B., his heirs 
 or, assigns, shall at any time or times hereafter pay the said 
 yearly sum of £1, or any part thereof, or any sum or sums of 
 money on account thereof, or on account of the last-mentioned 
 
 Digitized by Microsoft® 
 
PURCHASE DEEDS. 371 
 
 covenants and conditions, or any of them, or if he or they 
 shall, at any time or times hereafter be put to, bear, or sus- 
 tain any costs, loss, or damage on account of the non-observance 
 of such last-mentioned covenants and conditions, or any of 
 them, then and in every such case it shall be lawful for the 
 said A. B., his heirs or assigns, into and upon all or any part 
 of the premises hereby granted, to enter and distrain for all 
 such monies, costs, loss, or damage, and to dispose of the dis- 
 tresses then and there found according to law, as landlords 
 may for rent reserved upon leases for years, to the intent that 
 thereby the said A. B., bis heirs or assigns, may be fully paid 
 and satisfied all such monies, costs, damages, and expenses as 
 aforesaid : And THAT IN case and so often as aforesaid it shall 
 be lawful for the said A. B., his heirs or assigns, to enter into 
 and upon, and to hold all or any part of the premises hereby 
 granted, and to receive the rents and profits thereof until he or 
 they shall be fully paid all such monies, costs, damages, and 
 expenses as aforesaid. 
 In witness, &c. 
 
 CONVEYANCE 
 SUBJECT TO 
 PROPORTION 
 OF RENT- 
 CHARGE. 
 
 No. LXXXIV. 
 
 CONVEYANCE of Freehold Land, reserving the conveyance 
 Minerals to the Vendor, with Powers for working ""'■''^> 
 
 ' >f »^ RESERVING 
 
 the same (a). minerals. 
 
 THIS INDENTURE, made the day of , Between Parties. 
 
 A. B. of, &c. {vendor), of the one part, and C. D. of, &c. {;pur- 
 
 (a) An exception of the mines under land is prvmd facie an exception of Exception 
 the strata which the minerals are, and leaves the grantor in the ownership of mines, 
 of such strata as a separate tenement and not as a mere servitude or ease- 
 ment. He may therefore use them for any purpose he thinks fit, e. g., he 
 may make a road through them for the conveyance of the produce of ad- 
 joining mines. (Duke of Hamilton v. Graham, L. E. 2 H. L. 166.) But it 
 is a question of construction whether the strata or the minerals only are 
 reserved, and in the latter case the grantor has the right of getting the 
 minerals only. (Ramsay v. Blair, L. R. 1 App. Ca. 701.) 
 
 Where the ownership of the mines is separate from that of the surface. Right of 
 prvmd facie the mine owner is bound to leave sufficient support for the owner of 
 surface, and a grant or reservation of express power to work and get the |™^°^*° 
 minerals and for that purpose to sink shafts, &c., making compensation for from the 
 damage to the surface, does not of itself reUeve the mine owner from the ^j^^"™' 
 obligation to support the surface ; because sufficient effect may be given to 
 tlie ?ompensation-clause by holding it to apply to damage caused by the 
 
 B B 2 
 
 Digitized by Microsoft® 
 
372 
 
 PURCHASE DEEBS. 
 
 CONVEYANCE 
 
 OF FREE- 
 
 H0LD8, 
 
 RESERVING 
 
 MINERALS. 
 
 Agreement 
 for sale of 
 land, 
 
 reserving 
 minerals. 
 
 Witnessing 
 part. 
 
 Vendor 
 conveys 
 
 parcels. 
 
 Exception 
 and reser- 
 vation of 
 mines and 
 minerals, 
 
 and liberty 
 of ingress, 
 &c.. 
 
 and liberty 
 to sink 
 pits. 
 
 and to 
 appropriate 
 surface for 
 heap room. 
 
 chaser), of the other part : Whereas the said A. B. hath 
 agreed with the said C. D. for the sale to him of the lands and 
 hereditaments hereinafter described, and the inheritance 
 thereof in fee simple in possession, free from incumbrances, 
 with such exceptions and reservations as are hereinafter ex- 
 pressed, at the price of £ : NOW THIS INDENTURE 
 
 WITNESSETH, that in pursuance of the said agreement, and 
 in consideration, &c. (the receipt, dc), he the said A. B. doth 
 hereby grant unto the said C. D., his heirs and assigns. All, 
 &c. {parcels, general words, and all the estate, dc.) : Except 
 and reserved unto the said A. B., his heirs and assigns, all 
 mines, veins, seams, and beds of coal, ironstone, and other 
 minerals whatsoever already found or which may hereafter be 
 found under the lands hereby granted, or expressed so to be, 
 with full liberty of ingi-ess, egress, and regress at all times for 
 him the said A. B., his heirs and assigns, and his and their 
 servants, agents, and workmen, in and upon the said lands, 
 and either with or without horses and other cattle, carts and 
 waggons and other carriages, for the purpose of searching for, 
 working, getting, and carrying away the said mines and 
 minerals, and with full liberty also for him the said A. B., his 
 heirs and assigns, to sink, drive, make, and use pits, shafts, 
 drifts, adits, aircourses, and watercourses, and to erect and set 
 up fire and other engines, machinery, and works, and to lay 
 down railroads and other roads in, upon, under, and over the 
 said lands, or any of them, for the purpose of more conveniently 
 working and carrying away the said mines and minerals, and 
 also to appropriate and use any part of the surface of the said 
 
 sinking of the shafts, and other surface works authorised by the deed. 
 (Humphries v. Brogden, 12 Q. B. 739, 20 L. J. Q. B. 10 ; Harris v. Ryding, 
 5 M. & W. 60, 8 L. J. (N. S.) Exch. 181 ; Smart v. Morton, 24 L. J. Q. B. 
 260 ; Roberts v. Haines, 25 L. J. Q. B. 353 ; Hext v. Gill, L. R. 7 Ch. 699.) 
 But if it appears clearly on the face of the instrument that the grant of 
 the mines is intended to carry with it the right so to work them as to 
 cause a subsidence, there is nothing illegal in such a grant, and it is in 
 every case a question of construction whether this is or is not the intention 
 of the deed. (Rowbotham v. Wilson, 27 L. J. Q. B. 61 ; 8 H. L. 0. 348 ; 
 Duke of Buccleuch v. Wakefield, L. R. 4 H. L. 377.) Thus, in a case 
 w^here, on a grant of land for the erection of a cotton mill, there was an 
 exception and reservation of all the mines and minerals, with power to 
 take the same at pleasure, but without entering upon the surface, so that 
 compensation be made for all damage to the buildings by the exercise of any 
 of the excepted powers, it was held that the mine owner might work so as 
 to injure the buildings, because, as he was restrained from entering on the 
 surface, the damage contemplated by the compensation-clause must be 
 damage by subsidence. (Aspden «. Siddon, L. U. 10 Ch. 394.) 
 
 Digitized by Microsoft® 
 
PUECHASE DEEDS. 373 
 
 CONVEYANCE 
 OF FREE- 
 
 lands for depositing, placing, and heaping thereon the minerals, 
 waste, nabbish, and other substances which may be gotten h^erviko 
 from the said mines, and generally to do all other acts and '"™''^'^- 
 things necessary or proper for working and getting the said 
 mines and minerals according to the most approved practice of 
 mining in the district : Provided always, that the said A. B., vendor to 
 
 ° ' ' pay rent 
 
 his heirs or assigns, do and shall pay to the said 0. D., his '""^ ^'"'■=;"« 
 
 o ' sr J ' appropri- 
 
 heirs or assigns, the annual sum of £ for every acre, and "**'*• 
 
 so in proportion for any less quantity than an acre of land, the 
 surface whereof shall be appropriated or used for any of the 
 purposes aforesaid, so long as such appropriation or use shall 
 continue, and until the surface shall be restored, as nearly as 
 may be practicable, to its original state and condition before 
 such appropriation or use commenced : And provided also f„^^*' 
 that the workings of the said mines shall be conducted in such °o"g"n^'^o 
 a manner as not to endanger any buildings now being on the b"iidiS|s 
 said lands, or which may be hereafter erected on the site of or **'• 
 within yards of the site of any present buildings, and gene- 
 rally to do as little damage or injury to the surface of the said 
 lands as shall be consistent with the proper working of the said 
 mines : And provided also, that the said A. B., his heirs or '^l'"^"J^° 
 assigns, shall pay to the said C. D., his heirs or assigns, ade- f™^aina"e 
 quate compensation for all damage or injury which he or they, 
 or his or their tenants, may sustain by reason of the working 
 of the said mines, or the exercise of any of the liberties or privi- 
 leges hereby excepted and reserved, the amount of such com- 
 pensation, and all other matters in difference which may arise 
 between the parties in connection with the said excepted 
 mines, minerals, liberties, and privileges, to be settled by two 
 arbitrators, one to be appointed by each party in difference, or 
 their umpire, subject to the provisions as to arbitration con- 
 tained in the "Common Law Procedure Act, 1854 " : To have Habendum 
 
 "" , to pur- 
 
 AND TO HOLD the hereditaments and premises hereby granted, chaser in 
 or expressed so to be, unto and to the use of the said C. D., his 
 heirs and assigns, for ever. {Covenants for title by A. B., suprd, 
 p. 219.) 
 In witness, &c. 
 
 Digitized by Microsoft® 
 
374 
 
 PUECHASE DEEDS. 
 
 No. LXXXV. 
 
 CONVEYANCE 
 OF MINES 
 WITHOUT 
 SURFACE. 
 
 CONVEYANCE of Mines without the Surface, the 
 Mines to he Worked through the Adjoining 
 Property. 
 
 Parties. THIS INDENTURE, made the 
 
 day of 
 
 Between 
 
 Agreement 
 for sale. 
 
 Witnessing 
 part. 
 
 Vendor 
 conveys 
 mines and 
 minerals. 
 
 A. B. of, &c. (vendor), of the one part, and C. D., of, &c. [pur- 
 ohaser), of the other part : WHEREAS the said A. B. hath 
 agreed with the said C. D., for the absolute sale to him of the 
 mines and minerals intended to be hereby granted, free from 
 incumbrances, at the price of £ : NOW THIS INDEN- 
 TURE WITNESSETH, that in pursuance of the said agree- 
 ment, and in consideration, &c, (the receipt, de.), he the said 
 A. B. doth hereby grant unto the said C. D. and his heirs, All 
 the mines and minerals whatsoever in or under the pieces 
 
 of land situated in the parish of , in the county of 
 
 , -which are specified in the schedule hereunder written, 
 
 to be 
 
 worked by 
 under- 
 ground 
 workings 
 only, 
 
 surface 
 not to be 
 entered on 
 or inter- 
 fered with. 
 
 and pur- 
 chaser to 
 pay com- 
 pensation 
 for damage. 
 
 Habendum 
 to purchaser 
 in fee. 
 
 and are delineated and coloured pink in the map hereunto 
 annexed, but so that the said mines and minerals shall and 
 may be worked, gotten, and carried away by means of out- 
 stroke or underground workings, through any adjoining mines 
 or lands belonging to or held by the said C. D., his heirs or 
 assigns, or which he or they may for the time being be autho- 
 rised to use for that pui-pose, .and that the surface of the said 
 land specified in the schedule hereunder written, or any of 
 them, shall not be entered upon or in any manner interfered 
 with for any of the purposes aforesaid, or for any purpose con- 
 nected with the said mines and minerals, and so also that the 
 said C. D., his heirs ahd assigns, shall do no damage or injury 
 to the surface of the said lands in or about the working and 
 getting of the said mines and minerals, or in anywise relating 
 thereto : To have and to hold the mines and premises 
 hereby granted, or expressed so to be, unto and to the use of 
 the said C. D, his heirs and assigns, for ever. (Covenants for 
 title, supra, p. 219.) 
 In witness, &c. 
 
 The Schedule referred to in the above written 
 Indenture. 
 
 Digitized by Microsoft® 
 
PURCHASE DEEDS, 375 
 
 No. LXXXVI. 
 CONVEYANCE to a Sub-Purchaser, the Original conveyance 
 
 TO SUB- 
 PURCHASER Joining. puechasee. 
 
 THIS INDENTURE, made the day of , Between Parties. 
 
 A. B. of, &c. (vendor), of the first part, C. D. of, &c. (original 
 purchaser), of the second part, and E. F. of, &c. (sub -pur chaser), 
 of the third part : Whereas the said A. B. lately agreed, «&c. original 
 (agreement for sale by A. B. to C. D.for £1000, suprd, p. 218) : for sale. 
 And whereas the said C. D. has since agreed with the said Agreemeni; 
 
 ■n T-1 1 • • 1 • 11 n between 
 
 E. F., that m consideration of the sum of JtoO to be paid to puroiiaser 
 
 ^ and Bub- 
 
 the said C. D. by the said E, F., the said E. F. should be sub- purchaser. 
 stituted for the said C. D. as the purchaser under the aforesaid 
 agreement : NOW THIS INDENTURE WITNESSETH, that witnessing 
 in pursuance of the said agreements, and in consideration of the considera- 
 sum of £1000, on or before the execution of these presents paid *'™^' 
 by the said E. F. to the said A. B. in satisfaction of the pur- 
 chase-money so as aforesaid agreed to be paid by the said C. D. 
 to the said A. B., and of the sum of £50 on or before the 
 execution of these presents, paid by the said E. F. to the said 
 C. D. (the receipt of which several sums of £1000 and £50, 
 making together the sum of £1050, the said A. B. and C. D. 
 respectively do hereby acknowledge, and from the same do and 
 each of them doth hereby release the said E. F.), The said conveyance 
 
 by vendor 
 
 A. B., at the request of the said C. D. (testified by his being a and original 
 
 ' ^ . 11 • pnrchaser. 
 
 party to and executing these presents), doth hereby grant, and 
 the said C. D. doth hereby confirm unto the said E. F., &c. 
 (Grant of freeholds to E. F. in fee, and covenants for title by 
 A. B. with E. F., suprd, pp. 218, 219.) 
 In witness, &c. 
 
 Digitized by Microsoft® 
 
376 
 
 PURCHASE DEEDS, 
 
 CONVEYANCE 
 
 g UNDER 
 
 DECREE OR 
 
 ORDER IN 
 
 ADMINISTRA- 
 TION SUIT. 
 
 Parties. 
 
 "Will of 
 X. Y., 
 
 devising 
 all his real 
 estate to 
 trustees. 
 
 Order of 
 Court for 
 sale. 
 
 That pro- 
 perty was 
 put up for 
 
 No. LXXXVII. 
 
 CONVEYANCE by Trustees and Executors of Free- 
 hold Property under a Decree or Order in an 
 Administration Suit (a). 
 
 THIS INDENTURE, made the • 
 
 day of 
 
 Between 
 
 A. B., of, &c., and C. D., of, &c. (vendors), of the one part, and 
 E. F., of, &c. (purchaser), of the other part : Whereas X. Y., 
 late of, &c., being seised in fee simple of the hereditaments 
 intended to be hereby granted, duly made his will, dated, &c., 
 and thereby devised all his lands, tenements, and heredita- 
 ments, and other real estate, unto and to the use of the said 
 A. B. and C. D., their heirs and assigns, upon the trusts therein 
 declared concerning the same, and the said testator appointed 
 the said A. B. and C. D. the executors of his said wiU : And 
 whereas the said testator died on the day of with- 
 out having altered or revoked his said will, and the same was 
 shortly afterwards duly proved by the said executors thereof 
 in the principal registry of the Probate Division of the High 
 Court of Justice : And whereas by a decree of the High 
 
 Court of Justice (Chancery Division), dated the 4ay 
 
 of , and made in an action wherein M. N. claiming' to 
 
 be a creditor of the said X. Y., deceased, was plaintiff, and 
 the said A. B. and C. D. were defendants, it was (amongst 
 other things) ordered that the real estate of the said testator be 
 sold : And whereas in pursuance of the said decree the real 
 
 estate of the said testator was, on the day of last, 
 
 with the approbation of the judge to whose court the said 
 cause was attached, put up for sale by public, auction in several 
 lots, and the hereditaments intended to be hereby assured con- 
 stituted Lot 2 at the said sale : And whereas by the conditions 
 of the said sale it was provided that each purchaser should at 
 the time of the sale pay a deposit of £5 per cent, on the amount 
 of his purchase-money to 0. P., the person appointed by the 
 
 (a) On a sale under a decree of the Court, all persons having a legal 
 interest in the property, whether parties to the suit or not, should concur 
 in the conveyance, but the purchaser is not entitled to the concmrence of 
 any persons being parties to the suit, or otherwise bound by the proceedings 
 therein, whose interests are merely equitable. (Dart, V. & P. 770 ; Keat- 
 inge V. Keatinge, 6 Ir. Eq. 43 ; Cole v. Sewell, 17 Sim. 40 ; Ee William's 
 Estate, 5 De G. & Sm. 515.) 
 
 Digitized by Microsoft® 
 
PURCHASE DEEDS. 377 
 
 CONVEYANCE 
 
 UNDER 
 
 DECREE OR 
 
 ORDER IN 
 
 ADMINISTRA- 
 TION SUIT. 
 
 said j udge to receive the same : And it was also provided tliat 
 each purchaser was, in addition to the amount of his bidding at 
 the sale, to pay the value of all timber and timber-like trees, 
 tellers, and pollards (if any), on the lot purchased by him, 
 down to Is. per stick inclusive, the amount thereof to be ascer- 
 tained by valuation as therein mentioned : and also that each 
 purchaser was, under an order for that purpose to be obtained 
 by him, to pay the amount of his purchase-money after de- 
 ducting the amount paid as a deposit, together with the amount 
 of the aforesaid valuation, into the Bank of England, with the 
 privity of the paymaster-general for the time being (a) on 
 behalf of the said court to the credit of the said cause, on or 
 
 before the day of then next, and if the same should 
 
 not be so paid, then the purchaser was to pay interest on his 
 purchase-money, including the amount of such valuation, at the 
 
 rate of £5 per cent, per annum, from the said day of 
 
 next to the day on which the same should be actually paid : 
 
 And wheeeas at the said sale the said E. F. was the highest That pm- 
 
 ^ chaser wa« 
 
 bidder for and was declared the purchaser of the said Lot 2 at Jeciarad 
 
 ^ the highest 
 
 the sum of JE2000, and he thereupon paid to the said 0. P. the Jj,'^**^^ 
 sum of £100 as a deposit, pursuant to the said condition in that iieposit. 
 behalf, which deposit has been since paid by the said 0. P. into 
 the Bank of England with the privity of the said paymaster- 
 general to the credit of the said cause : And whereas the chief clerk's 
 chief clerk of the said judge certified the result of the said sale of result 
 by his certificate, dated the day of , and the said cer- 
 tificate was approved and signed by the said judge on the 
 
 day of , and has been since duly filed in the said court : 
 
 And whereas the timber, timber-like trees, tellers, and pollards vaination of 
 
 •IT timber. 
 
 on the said lot have been valued pursuant to the said condition 
 in that behalf at the sura of £150 : And whereas, by an order order for 
 of the said court, dated the day of , and made in the purchase- 
 said cause, it was ordered that the said E. F. should, on or court. 
 
 before the day of , pay the sum of £1900 (being the 
 
 balance of the said purchase-money of £2000 after deducting the 
 said deposit), and the said sum of £150, being the amount of the 
 said valuation, together with interest after the rate of £5 per 
 
 cent, per annum on the said sums from the said day of , 
 
 the day appointed in the said conditions for the completion of 
 the purchase, to the day on which the same should be actually 
 paid (the amount of such interest to be certified by the chief 
 (a) See suivd, p. 347. 
 
 Digitized by Microsoft® 
 
378 
 
 PURCHASE DEEDS, 
 
 CONVEYANCE 
 
 UNDER 
 
 DECEEE OB 
 
 ORDER IN 
 
 ADMINISTRA- 
 TION SUIT. 
 
 Payment of 
 purchase- 
 money into 
 Court. 
 
 Witnessing 
 part» 
 
 Considera- 
 tion. 
 
 Trustees 
 convey 
 parcels to 
 purchaser 
 in fee. 
 
 clerk) into the Bank of England, with the privity of the pay- 
 master-general for the time being (a) on behalf of the said 
 court, to the credit of the said cause, to an account to be 
 entitled " The proceeds of the sale of the real estates of X. Y., 
 deceased," and that all proper parties should join in the sale 
 and conveyance of the said hereditaments to the said E. F. : 
 And whereas, in pursuance of the said last recited order, the 
 
 said E. F. did, on the day of , pay the said sums of 
 
 £1900 and £150, and also the sum of £10, the amount certified 
 
 to be due for interest thereon from the said day of 
 
 last up to the said day of payment (making together the sum 
 of £2060), into the Bank of England, with the privity of the 
 said paymaster-general, to the credit of the said cause, to an 
 account entitled " The account of the proceeds of the sale of the 
 real estates of X. Y., deceased," as appears by the receipt of one 
 of the cashiers of the said bank and the certificate of the said 
 
 paymaster-general, dated respectively the and days 
 
 of : NOW THIS INDENTURE WITNESSETH, that in 
 
 pursuance of the said order, and for the purpose of carrying into 
 effect the said sale, and in consideration of the said sums of £100 
 and £2060, paid by the said E. F. as hereinbefore is mentioned, 
 the said A. B. and C. D. do hereby grant, &c. {Grcmt to E. F. in 
 fee, supra, p. 218 — Covenants by A. B. and C. D. with E. F. 
 against incumbrances, supra, p. 300.) 
 In witness, &c. 
 
 No. LXXXVIII. 
 
 Provisions 
 of Settled 
 Estates 
 Act as to 
 sales. 
 
 CONVEYANCE on a Sale made under " The Settled 
 Estates Act, 1877" (40 dt 41 Vict c. 18) (6), 
 
 - day of , Between 
 
 A. B. of, &c. {tenant for life under will), of the one part, and 
 
 CONVEYANCE 
 
 ON SALE 
 
 UNDER 
 
 SETTLED 
 
 "a™ this INDENTURE, made the 
 
 (a) See swyj-d, p. 347. 
 
 (6) This Act declares tliat tlie word " settlement " as used therein shall 
 signify any Act of Parliament, deed, agreement, copy of court roll, will, or 
 other instrument, or any number of such instruments, under or by virtue 
 of which any hereditaments of any tenure or any estates or interests in any 
 such hereditaments stand limited to or in trust for any persons by way of 
 succession, including any such instruments, affecting the estates of any one 
 
 Digitized by Microsoft® 
 
PUKCHASE DEEBS. 379 
 
 C. D. of, &c. (purchaser), of the other part : Whereas X. Y., ™JJ'^^^'"= 
 late of, &c., being seised in fee simple of the farms and lands 
 
 ON SALE 
 UNUEB 
 SETTLED 
 ESTATES 
 ACT. 
 
 or more of sucb persons exclusively. The Act then declares that the term 
 " settled estates " as used therein shall signify any hereditaments of any 
 tenure, and all estates or interests in any such hereditaments, which are the 
 subject of a settlement, and that for the purposes of the Act a tenant in tail 
 after possibility of issue extinct shall be deemed a tenant for life ; and that 
 all estates or interests in remainder or reversion not disposed of by the settle- 
 ment, and reverting to a settlor or descending to the heir of a testator, shall 
 be deemed to be estates coming to such settlor or heir under or by virtue of 
 the settlement ; and that in determining what are settled estates within the 
 meaning of the Act, the Court shall be governed by the state of facts, and 
 by the trusts or limitations of the settlements at the time of the said settle- 
 ment taking effect (s. 2). 
 
 The 16th section enables the Court to authorise a sale of the whole or any 
 parts of any settled estates or of any timber (not being ornamental timber) 
 growing on any settled estates, such sale to be conducted and confirmed in 
 the same manner aa by the rules and practice of the Court for the time 
 being, is or shall be required in the sale of lands sold under a decree of the 
 Court. The 18th section empowers the Court, when any land is sold for 
 building purposes, to allow the whole or any part of the consideration to be 
 a rent issuing out of such land, which may be secured and settled in such 
 manner as the Court approves. On any sale of land any earth, coal, stonp, 
 or mineral may be excepted, and any rights or privileges may be reserved, 
 and the purchaser may be required to enter into any covenant or submit to 
 any restrictions which the Court may deem advisable (s. 19). The 20th 
 section makes it lawful for the Court to direct that any part of the settled 
 estates be laid out for streets, roads, paths, squares, gardens, and other open 
 spaces,, sewers, drains or water courses. And the 22nd section provides 
 that, on every sale or dedication under the Act, the Court may direct what 
 person or persons shall execute the deed of conveyance, and that such con- 
 veyance shall take effect as a revocation or appointment of use or otherwise 
 as the Court may direct. 
 
 Applications to the Court must be made with the concurrence or con- 
 sent of the following parties, namely, — Where there is a tenant in tail under 
 the settlement in existence and of full age, then the parties to concur or 
 consent shall be such tenant in tail, or if there is more than one such 
 tenant in tail, then the first of such tenants in tail and all persons in exist- 
 ence having any beneficial estate or interest under or by virtue of the 
 settlement prior to the estate of such tenant in tail, and all trustees having 
 any estate or interest on behalf of any unborn child prior to the estate of 
 such tenant in tail ; and in every other case the parties to concur or consent 
 shall be all the persons in existence, havin" any beneficial estate or interest 
 under or by virtue of the settlement, and also all trustees having any estate 
 or interest on behalf of any unborn child ; subject, however, to the proviso, 
 that where an infant is tenant in tail under the settlement, it shall be 
 lawful for the Court, if it shall think fit, to dispense with the concurrence 
 or consent of the person if only one, or aU or any of the persons, if more 
 than one, entitled, whether beneficially or otherwise, to any estate or in- 
 terest subsequent to the estate tail of such infant (ss. 24, 25). 
 
 The 26th section provides that where on an application under the Act, the 
 concurrence or consent of any person as aforesaid shall not be obtained, a 
 notice may be given to such person in such manner as the Couit shall direct, 
 requiring him to say whether he assents or dissents, and if he does not 
 reply he will be deemed to have submitted his rights and interests to be 
 dealt with by the Court ; and the Court is authorised by ss. 27 & 28 to dis- 
 pense with notice and consents in certain cases. The 29th section empowers 
 the Court to give effect to any petition subject to and so as not to affect the 
 
 Digitized by Microsoft® 
 
380 
 
 PURCHASE DEEDS. 
 
 CONVEYANCE 
 
 ON SALK 
 
 UNDER 
 
 SETTLED 
 
 ESTATES 
 
 ACT. 
 
 Will Of 
 
 testator 
 
 devising 
 
 property 
 
 to A. B. for 
 
 life, with 
 
 remainders 
 
 over. 
 
 That A. B. 
 has three 
 children, 
 all infants. 
 
 Order of 
 Court for 
 sale under 
 
 intended to be hereby granted, duly made his will, dated, &c., 
 and thereby devised all his messuages, lands, tenements and 
 hereditaments, being freehold of inheritance, to the uses fol- 
 lowing (that is to say), to the use of the said A. B. and his 
 assigns during his life, without impeachment of waste, with 
 remainder to the use that E. B., the wife of the said A. B., should, 
 after the decease of the said A. B., receive the yearly rent- 
 charge of £500, to be charged upon and issuing out of the said 
 premises, with usual powers of distress and entry for recovering 
 payment of the said rent-charge when in arrear, and subject 
 thereto to the use of L. M. and N. 0., their executors, adminis- 
 trators, and assigns, for the term of 1000 years computed from 
 the day of the death of the said A. B., without impeachment of 
 waste upon the usual trusts for securing the said yearly rent- 
 charge, and for raising the sum of £10,000 for the portions of the 
 younger children of the said A. B., with remainder to the use 
 of the first and other sons of the said A. B. successively, accord- 
 ing to seniority in tail male, with remainder to the use of the 
 said A. B., his heirs and assigns, for ever (Recite death of testator, 
 and probate of his will) : And wheeeas the said A. B. has now 
 living three children by the said E. B. his wife (that is to say), 
 F. B. his eldest son, G. B. and H. B., all of whom are under the 
 age of twenty-one years : And whereas by an order of the 
 High Court of Justice (Chancery Division) dated the day 
 
 rights, estate, or interest of any person whose concurrence or consent has been 
 refused, or who has not suhmitted or is not deemed to have submitted 
 his rights or interests to be dealt with by the Court, or whose rights, estate, 
 or interest ought, in the opinion of the Court, to be excepted. 
 
 All monej to be received on any sale effected under the authority of the 
 Act, may, it the Court shall thinfc fit, be paid to any trustees of whom it 
 shall approve, or otlaerwise the same must be paid into Court, and in every 
 case it must be applied as the Court shall from time to time direct to some 
 one or more of the following purposes, namely, — The purchase or redemp- 
 tion of the land tax, the discharge or redemption of any incumbrance 
 aflecting the hereditaments in respect of which such money was paid, 
 or affecting any other hereditaments subject to the same uses or trusts' 
 the purchase of other hereditaments to be settled in the same manner as 
 the hereditaments in respect of which the money was paid, or the payment 
 to any person becoming absolutely entitled (see. 34) ; and until the money 
 can be applied as aforesaid, it must be invested as the Court may direct 
 in some or one of the investments^ in which cash under the control of the 
 Court is for the time being authorised to be invested (s. 36). 
 
 The powers conferred by the Act cannot be exercised, if an express 
 declaration that they shall not be exercised is contained in the settlement 
 (s. 38). 
 
 Where applications are made or consented to under the Act by a married 
 woman, she must be first separately examined by the Court, or by some 
 solicitor appointed by the Court for the purpose (ss. 60, 51, 52). 
 
 Digitized by Microsoft® 
 
PURCHASE DEEDS. 381 
 
 CONVEYANCE 
 
 ON SALE 
 
 UNDER 
 
 SETTLED 
 
 ESTATES 
 
 ACT. 
 
 of , and made in the matter of an Act made and passed 
 
 in the 40th and 41st years of the reign of Her present 
 Majesty, intituled " An Act to Consolidate and Amend the 
 Law relating to Leases and Sales of Settled Estates," and g^^j^ 
 
 in the matter of a farm and lands known as farm, ^^^^ 
 
 situate in the parish of , in the county of , and 
 
 containing or thereabouts (meaning the farm and lands 
 
 intended to be hereby assured), and which order was made 
 upon the petition of the said A. B. with the consent of the said 
 E. B. (she having been first examined apart from her said hus- 
 band touching her knowledge of the nature and effect of the 
 said application, by J. a solicitor of the said court appointed for 
 that purpose, and it appearing from the certificate of the said 
 J. that he was satisfied that the said E. B. was aware of the 
 nature and effect of the said application, and that she freely 
 desired to consent to the same), and with the consent also of 
 the said F. B., G. B,, and H. B., given by K. their guardian on 
 their behalf, pursuant to the direction of the said coUrt, and 
 with the consent also of the said L. M. and N. 0., on behalf of 
 the unborn children of the said A. B., the said court being of 
 opinion that it was proper and consistent, with a due regard for 
 the interests of all parties entitled under the said will of the 
 said X. Y., that a sale should be authorised to be made of the 
 farm and lands therein described (being the farm and lands 
 intended to be hereby assured), did order that the said farm 
 and lands be sold accordingly, with the approbation of the 
 judge, subject to the provisions and restrictions in the said Act 
 contained ; and the said court did further order that the money 
 to arise by such sale be paid into the Bank of England, with 
 the privity of the paymaster-general for the time being (a) on 
 behalf of the said court, to the credit of ex parte A. B., in 
 the matter of "An Act to Consolidate and Amend the Law 
 relating to Leases and Sales of Settled Estates," " the pro- 
 ceeds of the sale of settled estates under the will of X. Y. 
 deceased ; " and the said court did further order that the 
 said A. B. should execute the deed or deeds of conveyance 
 of the said farm and lands to the purchaser or purchasers 
 thereof on such sale being effected ; And whereas in pur- pursnant 
 suance of the said order the said farm and lands intended to laiXpnt 
 be hereby assured were on the day of put up for "^ " 
 
 (a) See sitprd, p. 347. 
 
 Digitized by Microsoft® 
 
382 
 
 PURCHASE DEEDS. 
 
 CONVEYANCE 
 ON SALE 
 UNDER 
 SETTLED 
 ESTATES 
 ACT. 
 
 certificate. 
 
 Payment of 
 purcliase- 
 money into 
 Court. 
 
 '■ sale by public auction in one lot, with the approbation of the 
 judge to whose court the said application was made, and the 
 said C. D. was the highest bidder for, and was declared the pur- 
 
 chief clerk's chaser of, the said farm and lands at the price of £ : And 
 
 WHEREAS the result of the said sale has been certified by the 
 chief clerk of the said judge, by his certificate dated the — ■ — 
 
 day of , which certificate was approved by the said judge 
 
 on the day of , and has been since filed in the said 
 
 court : And wheeeas the said C. D. did, on the day of 
 
 , last, pay the said purchase money of £ into the 
 
 Bank of England, with the privity of the paymaster-general 
 for the time being (a) on behalf of the said court, to the 
 credit of ex parte A. B., in the matter of "An Act to Con- 
 solidate and Amend the Law relating to Leases and Sales of 
 Settled Estates," " The proceeds of the sale of settled estates 
 under the will of X. Y.," as appears by the receipt of one of 
 the cashiers of the Bank of England, and the certificate of 
 the said paymaster-general, dated respectively the — ; — day 
 of , and the day of : NOW THIS INDEN- 
 TURE WITNESSETH, that, in pursuance of the said order 
 in this behalf, and for the purpose of carrying into effect the 
 
 said sale, and in consideration of the said sum of £ , paid 
 
 by the said C. D., as hereinbefore is mentioned, he the said 
 A. B. in exercise of the power for this purpose conferred 
 upon him by the said Act, and of all other powers (if any) him 
 revokes hereunto enabling. Doth hereby revoke all the uses, trusts 
 andappoiSs ^^'^ provisious, by and in the said will of the said X. Y. declared 
 purchaser ^^^ Contained concerning the farm, lands and hereditaments, 
 in fee. hereinafter described and intended to be hereby assured, and 
 Doth hereby appoint that all, &c. (parcels, general words, 
 omitting "and all the estate," dc), shall, from and immediately 
 after the execution of these presents, go, remain, and be to the 
 use of the said C. D., his heirs and assigns for ever : And the 
 said A. B. doth hereby for himself, his heirs, executors, and 
 administrators, covenant with the said C. D., his heirs and 
 assigns. That notwithstanding any act, deed, or thing, by the 
 said A. B., or by the said X. Y. the testator, done or executed, 
 or knowingly suffered to the contrary, he the said A. B. now 
 hath good right to appoint the said hereditaments and pre- 
 mises unto and to the use of the said C. D., his heirs and 
 
 Witnessing 
 part. 
 
 Considera- 
 tion. 
 
 Covenants 
 for title by 
 vendor. 
 
 (a.) See note, suprA, p. 347. 
 
 Digitized by Microsoft® 
 
PURCHASE DEEDS. 383 
 
 CONVEYANCE 
 
 ON SALE 
 
 UNDER 
 
 SETTLED 
 
 ESTATES 
 
 ACT. 
 
 assigns, in manner aforesaid : And that the said C. D., his heirs 
 and assigns, shall, and may, at all times hereafter, peaceably 
 and quietly possess and enjoy the said hereditaments and pre- 
 mises, and i-eceive the rents and profits thereof, without any 
 lawful eviction, interruption, claim, or demand whatsoever from 
 or by the said A. B., or any person or persons lawfully or equit- 
 ably claiming from, under, or in trust for him, or from or under 
 the said X. Y. : And that free from all incumbrances what- 
 soever made or suffered by the said A. B., or his heirs, or by 
 the said X. Y., or any pei'son or persons lawfully or equitably 
 claiming as aforesaid: And further, that he the said A. B. 
 and his heirs, and all persons having or lawfully or equitably 
 claiming any estate or interest in the hereditaments and pro- 
 mises hereby granted, or expressed so to be, or any of them, 
 or any part thereof, from, under, or in trust for the said A. B., 
 or from or under the said X. Y, shall and will from time to 
 time, and at all times hereafter, at the request and cost of the 
 said C. D., his heirs or assigns, do and execute, or cause to be 
 done and executed, all such acts, deeds, and things, for further 
 and more perfectly assuring the said hereditaments and pre- 
 mises, and every part thereof, unto and to the use of the said 
 C. D., his heirs and assigns, in manner aforesaid, as shall or 
 may be reasonably required : Provided always, &c. (proviso 
 dc, qualifying the above covenants, suprd, p. 313, note : And ^"/"JIJ"' 
 the said A. B. as to his own acts during his life, and with the ^™^°° °' 
 intent also to bind, so far as he can, all other persons into whose 
 hands the deeds and writings hereby covenanted to be produced 
 shall come, but so as not to be personally liable for the acts of 
 such persons, doth hereby for himself, his successors in title 
 and assigns, covenant with the said C. D., his heirs and assigns. 
 That he the said A. B., his successors in title, and assigns, 
 shall, and will, &c. (Covenant for production of deeds). 
 In witness, &c. 
 
 The Schedule referred to in the above written 
 Indenture. 
 
 Digitized by Microsoft® 
 
384 PDRCHASE DEEDS. 
 
 No. LXXXIX. 
 
 UNDER 
 
 father of 
 
 co-heiresses 
 
 intestate. 
 
 PAivm-.oN CONVEYANCE on a Sale imder the " Partition Act, 
 
 ' — 1868," where the Property has descended on Two 
 
 Co-heiresses, of whom One is an Infant (a). 
 
 Parties. rpjjjg INDENTURE, made the day of , Between 
 
 A. B. of, &c, (one co-heiress), of the first part, C. D. (the per- 
 son appointed, as hereinafter appeal's, to convey in the place 
 of E. F., an infant [other co-heiress), of the second part, and 
 
 deatifof G. H. of, &c. (purchaser), of the third part : Whereas X. Y., 
 
 late of, &c., died on the day of , 18 — , intestate, 
 
 leaving the said A. B. and E. F., his only children and co- 
 heiresses at law, and he was at his death seised in fee simple of 
 the hereditaments intended to be hereby granted: And whereas 
 the said A. B. attained the age of twenty-one years on the 
 
 Decree of day of , but the said E. F. is an infant : And whereas by a 
 
 ing sale. decree of the High Court of Justice (Chancery Division), dated, 
 &c., and made in a cause wherein the said A. B. is plaintiff, and 
 the said E. F., defendant, it was ordered on the request of the 
 plaintiff that the hereditaments intended to be hereby granted be 
 sold : And it was determined that upon such sale the defendant 
 E. F. would be a trustee of her undivided moiety of the said 
 hereditaments for the purchaser thereof within the meaning of 
 th_e "Trustee Act, 1850," and the court appointed the said C. D. to 
 
 Provisions (a) By tte Partition Act, 1868 (31 & 32 Vict. c. 40), it is provided that 
 of Partition in suits for partition, where a decree for partition might have been made, 
 ^"^^ if from the nature of the property or the number of the parties interested 
 
 therein, or the absence or disability of some of those parties, or any other 
 circumstance, a sale of the property is considered by the Court to be more 
 beneficial than a division, the Court of Chancery may, on the request of 
 any of the parties, direct a sale (sec. 3) ; or if the party or parties interested, 
 individually or collectively, to the extent of one moiety or upwards in the 
 property in question, request the Court to direct a sale of the property and 
 a distribution of the proceeds, instead of a division of the property among 
 the parties interested, the Court shall, unless it sees good reason to the 
 contrary, direct a sale (sec. 4) ; or if any party interested in the property 
 requests the Court to direct a sale and a distribution of the proceeds, the 
 Court may, unless the other parties interested in the property, or some of 
 them, undertake to purchase the share of the party requesting the sale, 
 direct a sale (sec. 5). The 7th section provides that section 30 of the 
 " Trustee Act, 1850," shall apply to cases where in suits for partition, the 
 Court directs a sale instead of a division of the property ; and the 8th 
 section declares that sections 23 to 25 (both inclusive) of the ' " Leases and 
 Sales of Settled Estates Act " shall extend to money to be received on any 
 sale effected under the authority of the Act. See also the "Partition 
 Amendment Act," 39 & 40 Vict. c. 71. 
 
 Digitized by Microsoft® 
 
PURCHASE DEEDS. 385 
 
 UNDER 
 PABTITION 
 
 convey the moiety of the said E. F. accordingly : And whereas 
 
 O i/ PABTITI 
 
 {Recite sale by auction, and G. H. declared highest Udder — act. 
 chief clerk's certificate — order to pay purchase money into court, 
 and payment by purchaser accordingly, supra, pp. 376, 377, 378, 
 mutatis mutandis): NOW THIS INDENTURE WITNES- j^'^'^^'s 
 SETH, that, in pursuance of the said decree and orders, and in one co- 
 consideration, &c., the said A. B., as to one moiety of the here- theVersm 
 ditaments hereinafter described, and the said C. D., as to the o" beSatf 
 other moiety thereof, for and on hehalf of the said E. F., do oo-heiress 
 
 11,., , convey to 
 
 hereby respectively grant and convey unto the said G. H., his j^f^'g""*" 
 heirs and assigns, &c. {Conveyance of parcels to G. II. in fee- 
 Covenants for title by A. B. as to her moiety.) 
 In witness, &c. 
 
 No. XC. 
 
 CONVEYANCE upon a Sale of Charity Lands with convevavce 
 the APPROVAL of the Charity Commissioners (a). or cha\?ty 
 
 LAKDS. 
 
 THIS INDENTURE, made the day of , Between ^^^,, — 
 
 A. B. of, &c., and C. D. of, &c., the trustees of a charity called, 
 &c. {state the title of the charity), of the one part, and E. F. of, 
 &c. ( purchaser), of the other part : Whereas the said A. B. and Agreement 
 
 ^■'- ^ , for sale by 
 
 C. D. lately asrreed with the said E. F. for the absolute sale tnistees of 
 
 . . chanty. 
 
 to him of the hereditaments intended to be hereby assured 
 (being part of the lands belonging to the said charity), and 
 the inheritance thereof in fee simple in possession, free from 
 
 incumbrances, at the price of £ , but subject to the appro- subject to 
 
 bation of the said sale by the Charity Commissioners for England charity 
 
 J •> a Comniis- 
 
 and Wales : And whereas by an order under the common sioners. 
 
 seal of the said Charity Commissioners, dated the day of chaStl 
 
 , they the said Commissioners having inquired into the sione"^' 
 
 circumstances, and being satisfied that the proposed sale would SS™"* 
 be advantageous to the charity, did authorise the said sale, and 
 give directions to the said A. B. and C. D. to carry the same 
 into efTect: NOW THIS INDENTURE WITNESSETH, -^^'taessmg 
 
 ' part. 
 
 that in pursuance of the said agreement, and by virtue of the 
 (a) See 16 & 17 Vict. c. 137, s. 24 ; 23 & 24 Vict. c. 136, s. 16. 
 
 VOL. I. C C 
 
 Digitized by Microsoft® 
 
386 
 
 PURCHASE DEEDS. 
 
 OOKVEYAHCE 
 
 OK SALE 
 
 OF OHAKITY 
 
 LANDS, 
 
 Considera- 
 tion. 
 
 TrusiieeH 
 convey to 
 purcliasor 
 m fee. 
 
 said order of the said Charity Commissioners, and in considera- 
 tion of the sum of £ paid by the said E. F. to the said A. B 
 
 and C. D., on or before, &c. (the receipt, dc), they the said A. B. 
 and C. D. do, &c. (Grant by A. B. and C. D. to E. F. in fee, — 
 and covenant by A. B. and C. D. against incumbrances.) 
 In witness, &c. 
 
 No. XCI. 
 
 CONVEYANCE 
 
 IN CON- 
 SIDERATION 
 
 CONVEYANCE of Freeholds to a Purchaseb in con- 
 sideration of a Gross Sum, and also of an Annuity 
 charged on the Land, with powers of Distress and 
 Entry. 
 
 Parties. THIS INDENTURE, made the 
 
 day of 
 
 Between 
 
 Agreement 
 for sale. 
 
 Witnessing 
 part. 
 
 Considera- 
 tion of gross 
 sum, and of 
 annuity. 
 
 Vendor 
 grants 
 
 parcels 
 
 to pur- 
 cliaser, 
 
 to use that 
 annuity be 
 recieived by 
 vendor, 
 
 A. B. of, &c. (vendor), of the one part, and C. D. of, &c. (pv/r- 
 chaser), of the other part : Whereas the said A. B. hath 
 agreed with the said C. D. for the absohite sale to him of the 
 hereditaments intended to be hereby granted, and the inherit- 
 ance thereof in fee simple in possession, free from incumbrances, 
 
 in consideration of the sum of £ , and also in consideration 
 
 of the annual sum or yearly rent-charge of £ , to be limited 
 
 to the said A. B. for his life, and to be secured to him as 
 hereinafter mentioned: NOW THIS INDENTURE WIT- 
 NESSETH, that in pursuance of the said agreement, and in 
 
 consideration of the sum of £ to the said A. B. paid by the 
 
 said C, D. on or before the execution of these presents (the 
 receipt, <&c.), and also in consideration of the annual sum or 
 
 yearly rent-charge of £ hereinafter limited and secured to 
 
 the said A. B,, he the said A. B. doth hereby grant unto the 
 said C. D., his heirs and assigns. All, &c. (parcels, general ivords, 
 and all the estate, dc.) : To have and to hold the heredita- 
 ments and premises hereby granted, or expressed so to be, 
 unto the said C. D. and his heirs : To THE USE AND INTENT 
 that the said A. B. and his assigns may henceforth during his 
 
 life receive an annual sum or yearly rent-charge of £ , to be 
 
 charged upon, and issuing and payable out of the said heredita- 
 ments and premises, and to be paid by two equal half-yearly 
 payments, on the day of and the day of in 
 
 Digitized by Microsoft® 
 
PURCHASE DEEDS. 387 
 
 every year (without any deduction except for property or in- conveyaxce 
 come tax), the first of such half-yearly payments to be made sideratios 
 
 CD the day of next: And TO thk use and intent ■^'^'"- 
 
 (powers of distress and entry, supra, p. 351) : And subject to and '^'Jj*'™™" 
 charged with the said annual sum or yearly rent-charge, To '■^^ ^n*"?. 
 THE USE of the said C. D., his heirs and assigns, for ever : And ^8^'^' 
 THE said C. D. doth hereby, for himself, his heirs, executors, to°usrof' 
 administrators, and assigns, covenant with the said A. B., his covenimtby 
 executors and administrators, that he the said C. D., his heirs, ^^" 
 executors, administrators, or assigns, shall and will pay or cause """""^y- 
 to be paid to the said A. B., his executors, administrators, or 
 
 assigns, the said annual sura of £ , at the times and in the 
 
 manner hereinbefore appointed for the payment thereof : And covenants 
 THE SAID A B. doth hereby for himself, his heirs, executors, and vendor, 
 administrators, covenant with the said C. D. and his heirs. 
 That notwithstanding any act, deed, or thing by the said A. B. 
 done, executed, or knowingly suffered to the contrary, he the 
 said A. B. now hath good right to grant the hereditaments and 
 premises hereby granted, or expressed so to be, to the uses and 
 in manner aforesaid : AND THAT the said hereditaments and 
 premises shall at all times hereafter be peaceably and quietly 
 possessed and enjoyed, and the rents and profits thereof received 
 and taken, according to the uses hereinbefore limited concerning 
 the same, without any lawful eviction, inten-uption, claim, or 
 demand from or by the said A. B., or any person or persons 
 lawfully or equitably claiming from, under, or in trust for him : 
 And that free from all incumbrances made, occasioned, or 
 suffered by the said A. B., or any person or persons lawfully or 
 equitably claiming as aforesaid : And further, that he the said 
 A. B., and all other persons having or lawfully or equitably 
 claiming any estate or interest in the said hereditaments and 
 ' premises, or any part thereof, from, imdei", or in trust for 
 him, shall and will at all times hereafter, at the request and 
 cost of the said C. D., his heirs or assigns, do and execute, or 
 cause to be done and executed, all such acts, deeds, and things 
 for further and more effectually assuring the said hereditaments 
 and premises, and every part thereof, to the uses and in manner 
 aforesaid as shall or may be reasonably required. 
 In witness, &c. 
 
 c c 2 
 
 Digitized by Microsoft® 
 
388 
 
 PURCHASE DEEDS. 
 
 No. XCII. 
 
 CONVEYANCE 
 
 IN CON- 
 SIDERATION 
 OF ANNUITY 
 WITH 
 FULLER. 
 POWERS, AND 
 POWER TO 
 SUBSTITUTE 
 GOVERN- 
 MENT 
 ANNUITY. 
 
 Parties. 
 
 Recite 
 agreement 
 for sale 
 in consider- 
 ation of 
 annuity. 
 
 Witnessing 
 part. 
 
 Vendor 
 conveys 
 parcels. 
 
 To the 
 intent th?it 
 vendor may 
 receive 
 rent-cliarge, 
 &c,, 
 
 and subject 
 thereto to 
 use of 
 trustee for 
 term, 
 
 with re- 
 mainder to 
 purchaser 
 
 Declaration 
 of trusts of 
 term. 
 
 CONVEYANCE to a Puechaser in Consideration of 
 an Annuity, with fuller Powers for securing it 
 than in the last Precedent, and with Power for 
 Purchaser to buy a Government Annuity in 
 Substitution. 
 
 THIS INDENTURE, made, &c., Between A. B. of &c. 
 (vendor), of the first part, C. D. of, &c. {purchaser), of the 
 second part, and E. F. of, &c. (trustee), of the third part : 
 Whereas the said A. B. has agi-eed with the said C. D. for the 
 absolute sale to him of the hereditaments intended to be hereby 
 assured, and the inheritance thereof in fee simple in possession, 
 free from incumbrances, in consideration of the annual sum or 
 
 yearly rent-charge of £ , to be limited to the said A. B. for 
 
 his life, and to be secured as hereinafter mentioned: NOW 
 THIS INDENTURE WITNESSETH, that in pursuance of 
 the said agreement, and in consideration of the annual sum or 
 
 yearly rent-charge of £ , hereinafter limited and secured, 
 
 the said A. B. doth hereby grant unto the said E. F. and his 
 heirs, ALL, &c. ( parcels, general words, and all the estate, &c.) : 
 To have and to hold the hereditaments and premises hereby 
 granted or expressed so to be unto the said E. F. and his heirs, 
 To the use, intent, and purpose, &c. [Limitation of rent- 
 charge to A. B. for his life, with powers of distress and entry as 
 in last Precedent) : And subject to and charged with the said 
 
 annual sum or yearly rent-charge of £ , To the use of the 
 
 said E. F., his executors, administrators, and assigns, for the 
 term of 1000 years, computed from the day of the date of these 
 presents, without impeachment of waste, upon the trusts 
 hereinafter declared concerning the same : And from and 
 AFTER the expiration or sooner determination of the said term 
 of 1000 years, and in the meantime subject thereto and to the 
 trusts thereof. To THE USE of the said C. D., his heirs and 
 assigns, for ever : And it is hereby agreed and declared 
 that the said hereditaments and premises are hereby limited to 
 the said E. F., his executors, administrators, and assigns, for the 
 said term of 1000 years. Upon trust that if the said yearly 
 rent-charge of £ , or any part thereof, shall at any time be 
 
 Digitized by Microsoft® 
 
PUKCHASE DEEDS. 389 
 
 CONVEYANCE 
 
 IN CON- 
 SIDERATION 
 OF ANNUITY, 
 WITH 
 FULLER 
 POWERS, AND 
 
 POWER TO 
 SUBSTITUTE 
 GOVERN- 
 MENT 
 
 unpaid for forty days after any of the times hereby appointed 
 for payment thereof (although there shall not have been any 
 legal demand made thereof), then and so often as the same 
 shall happen, the said E. F., his executors, administrators, or 
 assigns, shall, on the request in writing of the said A. B., or his 
 assigns, enter into the possession or receipt of the rents and annuity. 
 profits of the said hereditaments and premises, and let the 
 same, or do and shall, on the like request, either mortgage or 
 sell the said hereditaments and premises, or any of them, or 
 any part thereof, for all or any part of the said term of 1000 
 years, and any such sale may be made either by public auction 
 or private contract, with or without any special conditions as to 
 title or otherwise, and the said E. F., his executors, adminis- 
 trators, or assigns, may buy in the said premises, or any part 
 thereof, at any sale by auction, or may rescind any contract 
 for the sale thereof, and resell the same without being answer- 
 able for any loss or diminution in price, and may execute as- 
 surances, give effectual receipts for the purchase-money, and do 
 all other acts and things for completing any such sale as afore- 
 said, which he or they may think proper : And it is hereby power to 
 
 ,, , .« . 1 • 1 J.1 sell the fee 
 
 AGREED AND DECLARED, that II On any occasion on which the simple, 
 said trust for sale of the premises comprised in the said term 
 of 1000 years shall be exercisable, the said A. B., or his assigns, 
 shall request the said E. F., his executors, administrators, or 
 assigns, to offer and contract for the sale of the said premises in 
 fee simple, instead of offering the same for sale for the residue 
 of the said term of 1000 years only, the said E. F., his execu- 
 tors, administrators, or assigns, shall offer and contract for the 
 sale of the said premises in fee simple accordingly : And it is 
 HEREBY AGREED AND DECLARED that upon any Sale made of 
 the said premises in fee simple, it shall be lawful for the said 
 A. B., or his assigns, to appoint the hereditaments which shall 
 be sold to the purchaser, his heirs and assigns, or as he or they 
 shall direct, freed and discharged from all or any of the uses, 
 trusts, and provisions limited, declared, and contained by and 
 in these presents : And it is hereby further declared, 
 that upon any sale of the said premises in fee simple, all the 
 provisions hereinbefore contained as to sales to be made of the 
 said term of 1000 years shall in like manner be applicable to 
 any sale made of the fee simple, and no purchaser at any sale 
 of the premises, either for the term of 1000 years or in fee 
 simple, shall be concerned to see or inquire whether the case 
 
 Digitized by Microsoft® 
 
390 
 
 PURCHASE DEEDS. 
 
 CONVEYANCE 
 
 IN CON- 
 SIDERATION 
 OF ANNUITY, 
 WITH 
 FULLER 
 POWERS, AND 
 POWER TO 
 SUBSTITUTE 
 GOVERN- 
 MENT 
 ANNUITY. 
 
 Trusts of 
 sale or 
 mortgage 
 monies. 
 
 has happened in which such sale ought to be made, or to regard 
 any notice to the contrary : And it is hereby agreed and 
 DECLARED, that the said E. F., his executors, administrators 
 and assigns, shall stand possessed of all monies to arise by any 
 sale or mortgage made in pursuance of these presents, and of 
 the rents and profits of the said premises, from the time of his 
 or their entering into receipt thereof until the said premises 
 shall be sold, Upon tHust that he or they do and shall apply 
 the same in payment to the said A. B., or his assigns, of all 
 
 arrears of the said yearly rent-charge of £ , and all costs, 
 
 charges, and expenses to be incurred by the said A. B. or his 
 assigns by reason or on account of the non-payment of the said 
 yearly rent-charge, or any part thereof, or otherwise relating 
 thereto, and also all costs, charges, and expenses to be incuiTed 
 by the said E. F., his executors, administrators, or assigns, in or 
 about the execution of the trusts and powers of these presents, 
 and do and shall invest the residue of the monies to be received 
 by the said E. F., his executors, administrators, or assigns, from 
 any such sale or mortgage as aforesaid, or in respect of the 
 rents and profits of the .said premises, in or upon any of the 
 parliamentary stocks or public funds of Great Britain, or at 
 interest upon government or real securities in the name or 
 names'of the said E. F., his executors, administrators, or assigns, 
 with power to vary such investments for others of the same or 
 a like nature, and do and shall stand possessed of the monies 
 so to be invested, and the stocks, funds, and securities in or 
 upon which the same shall be invested, upon trust, by and out 
 of the dividends, interest, and annual produce thereof, and if 
 such dividends, interest, and annual produce shall be insufficient, 
 then, in addition thereto, by calling in and disposing from time 
 to time of a sufficient part of the principal money so to be in- 
 vested, or the stocks, funds, or securities representing the same, 
 to pay unto the said A. B., or his assigns, the yearly rent-charge 
 
 of £ , as and when the same shall grow due and be payable, 
 
 or so much thereof as shall from time to time be in arrear and 
 unpaid, and all costs, charges, and expenses to be incurred by 
 the said A. B., or his assigns, by reason or on account of the 
 non-payment thereof, or otherwise relating thereto, and also all 
 costs, charges, and expenses to be incurred by the said E. F. 
 his executors, administrators, or assigns, in or about the execu- 
 tion of the trusts and powers of these presents, and subject to 
 the trusts hereinbefore declared in trust for the said C. D. 
 
 Digitized by Microsoft® 
 
PURCHASE DEEDS, 391 
 
 IK CON- 
 SIDERATION 
 OF ANNUITY, 
 WITH 
 FDLLER 
 POWERS, AND 
 POWER TO 
 
 his executors, administrators, and assigns, for his and their own '^™^^c™'!'"^ 
 absolute use and benefit {Covenants for title by A. B., see last 
 Precedent) : And the said C. D. doth hereby, for himself, his 
 heirs, executors, administrators, and assigns, covenant with the 
 said A. B., his executors, administrators, and assigns, that he ^^^Z'' 
 the said C. D,, his heirs, executors, administrators, or assigns, anTuity. 
 will pay unto the said A. B., his executors, administrators, or covemmt by 
 
 assigns, the said yearly rent-charge of £ , at the times and fo^aV^"' 
 
 in the manner hereinbefore appointed for payment of the same, ''°"""^*'' 
 and also that the said C. D., his heirs, executors, administrators, insure 
 
 . . against Are. 
 
 or assigns, will at his or their own expense forthwitli insure the 
 said messuage or tenement hereby granted, or expressed so to 
 be, in some public office of insurance, in a sum not less than 
 two-thirds of the value thereof, and will during the life of the 
 said A. B., or until the said messuage or tenement shall be sold 
 in pursuance of the provisions in that behalf hereinbefore con- 
 tained, keep the same so insured, and will on demand produce 
 the policy or policies of insurance for the time being, and the 
 receipts for the premiums in respect thereof, to the said A. B. 
 
 or his assigns: AND IT IS HEREBY AGREED AND DECLARED, Power to 
 
 that if the said E. F., or any trustee appointed as hereinafter trustee. 
 provided, shall die or be abroad for more than six calendar 
 months at any one time, or desire to be discharged from, or re- 
 fuse or become incapable to act in the trusts aforesaid, then and 
 in every such case it shall be lawful for the said A. B. to 
 appoint a new trustee in the place of the trustee so dying, or 
 being abroad, or desiring to be discharged, or refusing or 
 becoming incapable to act as aforesaid, and that upon every, 
 such appointment the said term of 1000 years shall be assigned 
 to the new trustee, and such new trustee may either before or 
 after such assignment act in the trusts and powers of these 
 presents as fully and effectually to all intents and purposes as if 
 he had been hereby constituted a trustee : Provided always, power to 
 and it is hereby agreed and declared, that in case the said tobuy^*"^ 
 C. D., his heirs or assigns, shall at any time during the life of fSnuit^to 
 the said A. B., purchase in the name of the said A. B., from the 
 Commissioners for the Reduction of the National Debt, a 
 
 government annuity of £ for the life of the said A. B., 
 
 so that the first half-yearly payment of such government 
 annuity shall be made within six calendar months after the 
 quarterly day of payment of the yearly rent-charge hereby 
 secured last preceding the day of the purchase of such govern - 
 
 Digitized by Microsoft® 
 
392 
 
 PURCHASE DEEDS, 
 
 CONVEWNOE 
 
 IN CUN- 
 SIDERATION 
 OF ANNUITY, 
 WITH 
 FULLER 
 POWERS, AND 
 POWER TO 
 SUBSTITUTE 
 GOVERN- 
 MENT 
 ANNUITY. 
 
 ment annuity, and in case the said 0. D., his heirs or assigns, 
 shall on the purchase of such government annuity have paid up 
 all arrears of the yeai'ly rent-charge hereby created up to and 
 including the last-mentioned quarterly day, and all costs, 
 charges, and expenses due in respect of the same yearly rent- 
 charge, then and in such case the said A. B. ■will accept the 
 government annuity so to be purchased in lieu of and sub- 
 stitution for the said yearly rent-charge, and thereupon the said 
 rent-charge, and the said term of 1000 years, and all and 
 singular the trusts, powers, and provisions herein declared and 
 contained for securing and enforcing payment of the same shall 
 cease, and the said C. D., his heirs and assigns, shall thenceforth 
 be seised in possession of the said hereditaments and premises 
 freed and discharged from the said yearly rent-charge, and the 
 said term of 1000 years and the trusts thereof, and from aU and 
 singular other the trusts, powers, and provisions herein contained 
 for securing and enforcing payment of the same yearly rent- 
 charge and every of them. 
 In witness, &c. 
 
 No. XCIII. 
 
 CONVEYANCE 
 
 IN CON- 
 aiDEBATION 
 OF ANNUITY 
 FOR LIVES * 
 OF VENDOR 
 AND WIFE, 
 
 SUC- 
 CESSIVELY, 
 SECURED BY 
 BOND. 
 
 Parties. 
 
 Recite 
 agreement 
 for sale in 
 considera- 
 tion of 
 annuity. 
 
 Bond to 
 
 secure 
 
 annuity. 
 
 CONVEYANCE of Freeholds to a Purchaser in 
 Consideration of an Annuity payable to the 
 • Vendor and his Wife successively for life and 
 
 secured by the Purchaser's Bond. 
 
 THIS INDENTURE, made the day of , Between 
 
 A. B. of, &c. (vendor), of the one part, and C. D. of, &c. (pur- 
 chaser), of the other part : Whereas the said A. B. has agreed 
 with the said C. D. for the absolute sale to him of the here- 
 ditaments intended to be hereby granted, and the inheritance 
 thereof in fee simple in possession, free from incumbrances, in 
 consideration of an annuity of £100 to be paid by the said 
 C. D. to the said A. B. during his life, and after his death to 
 E. B. his wife, if she shall survive him, during her life, and to 
 be secured by the bond of the said C. D. : And whereas 
 immediately before the execution of these presents, the said 
 G. D. has executed to the said A. B. his bond in a sufificient 
 
 Digitized by Microsoft® 
 
PUKCHASE DEEDS. 393 
 
 penalty, bearing even date with these presents, subject to a ^fj^^^*""^ 
 condition thereunder written for making void the same upon oyiSiroiTT 
 payment by the said C. D., his heirs, executors, or administra- of'VendoI 
 tors, of an annuity of £100 to the said A. B. and his assigns 
 during his life, and after his decease to the said E. B., if she 
 shall survive the said A. B., during her life, and to be paid half- 
 yearly at the times therein mentioned : NOW THIS INDEN- witnessing 
 TURE WITNESSETH, that in pursuance of the said agree- considera- 
 ment, and in consideration of the annuity of £100, secured bv *'™' 
 
 I'll! c-ii Vendor 
 
 the said bond as aforesaid, the said A. B. doth hereby grant, conveys to 
 
 JO' purchaser 
 
 &c. {Grant of freeholds to C. D., with covenants for title, supra '° '^«- 
 
 OF VENDOR 
 AND WIFE, 
 
 SUC- 
 CESSIVELY, 
 SECDRED BY 
 BOND. 
 
 pp. 218, 219, to the end.) 
 In witness, &c. 
 
 
 Copyholds. 
 
 y of , Between 
 
 
 No. XCIV. 
 DEED of Enfranchisement 
 THIS INDENTURE, made the 
 
 of 
 -da 
 
 ENFKAN- 
 CHISEMKNT 
 
 OP 
 COPYHOLDS. 
 
 A. B. of, &c. (lord of the manor), of the one part, and C. D. 
 
 of, &c. {copyholder), of the other part: Whereas G. H, latejedt*^^ 
 
 of, &c., being seised of, or otherwise well entitled to (amongst j^'^ts^fo 
 
 other hereditaments) the manor of E., with the appurten- ^""^'*- 
 
 ances, for an estate of inheritance in fee simple, duly made 
 
 his last wiU and testament in writing, dated the day 
 
 of , and thereby devised all his manors, &c., in the 
 
 county of , with their appurtenances, unto and to the 
 
 use of the said A. B., his heirs and assigns (Recite testator's 
 
 death) : And whereas, at a general court baron holden for the 
 
 said manor of E, on or about the day of , the said 
 
 C. D. was duly admitted to the hereditaments hereinafter de- Admittance 
 
 . . of copy- 
 
 scribed, and intended to be hereby enfranchised, to hold the holder. 
 
 same to him, his heirs and assigns, at the will of the lord, accord- 
 ing to the custom of the said manor : And whereas the said ^fentaS* 
 C. D. hath agreed with the said A. B. for the enfranchisement of <=i"=™™'- 
 
 the hereditaments hereinafter described, at the price of £ : 
 
 NOW THIS INDENTURE WITNESSETH, that in pursu- considera- 
 ance of the said agreement, and in consideration of the sum of *'""' 
 £ to the said A. B., paid by the said C. D., on or imme- 
 
 Digitized by Microsoft® 
 
394 PURCHASE DEEDS. 
 
 ENFRAN- 
 CHISEMENT 
 
 parcels. 
 
 enjoyment. 
 
 diately before the execution of these presents {the receipt whereof, 
 dc.), the said A. B. doth hereby enfranchise and grant unto the 
 
 Lord enfran- ^^^^ ^' -^' ^^^ ^^^ helrs, All, &c. ( parcels, general words, and 
 
 «i"s«s (j^ii fiig estate, dc.) : To have and to hold the hereditaments 
 and premises hereby enfranchised and granted, or expressed so 
 to be, unto and to the use of the said 0. D., his heirs and 
 assigns, for ever, as freehold, freed and discharged from all rents, 
 fines, heriots, suits, and services, and other incidents of copy- 
 
 covenant hold tenure : And the said A. B. doth hereby, for himself, his 
 heirs, executors, and administrators, covenant with the said 
 
 for right to C. D., his heirs and assigns, That notwithstanding any act, 
 deed, or thing by the said A. B. or the said G. H., deceased, 
 done or executed, or knowingly suffered to the contrary, he the 
 said A. B. now hath good right to enfranchise and grant the 
 hereditaments and premises hereby enfranchised and granted, 
 or expressed so to be, unto and to the use of the said C. D., his 
 heirs and assigns, in manner aforesaid : And that the said C. D., 
 his heirs and assigns, shall and may at all times hereafter 
 
 for quiet peaceably and quietly possess and enjoy the said hereditaments 
 and premises, and receive the rents and profits thereof, without 
 any lawful eviction, interruption, claim, or demand whatsoever, 
 from or by the said A. B., or any person or persons lawfully or 
 equitably claiming from, under, or in trust for him, or from or 
 
 freedom under -the said G. H., deceased : And that free from all incum- 
 
 from incum- 
 brances, brances whatsoever made or suffered by the said A. B., or by 
 
 the said G. H., deceased, or any person or persons lawfully or 
 and for equitably claiming as aforesaid : And also that he the said 
 assurance. A. B., and all Other persons having or lawfully or equitably 
 claiming any estate or interest in the said hereditaments and 
 premises from, under, or in trust for the said A. B., or from or 
 under the said G. H., deceased, shall and will from time to 
 time, and at all times hereafter, at the request and cost of the 
 said 0. D., his heirs or assigns, do and execute, or cause to be 
 done and executed, all such acts, deeds, and things for more 
 effectually enfranchising the said hereditaments and premises 
 and every part thereof, unto and to the use of the said C. D., his 
 Grant by hoirs .or assigns, as shall or may be reasonably required : AND 
 SSie ^^^^ INDENTURE ALSO WITNESSETH, that for the 
 rigiits. considerations aforesaid, the said A. B. doth hereby grant unto 
 the said C. D. and his heirs. All such commonage and right of 
 common in, upon, and over the respective waste and common- 
 able lands of the said manor of , as the said C. D., or any 
 
 Digitized by Microsoft® 
 
PURCHASE DEEDS, 395 
 
 ENFRAN- 
 CHISEMENT 
 
 COPTHOLDS. 
 
 person or persons through whom he claims, held, enjoyed, or was 
 entitled to in respect of and as appurtenant to the said heredita- 
 ments and premises hereby enfranchised, or any of them, and 
 the freehold and inheritance of such commonable rights as afore- 
 said in like manner as the said C. D., or his customary heirs, 
 could have used or exercised the same if the said premises had 
 not been enfranchised. To HOLD the same unto and to the use To grantee. 
 of the said C. D., his heirs and assigns. 
 In witness, &c. 
 
 No. XCV. 
 
 DEED of Enfranchisement hy Ecclesiastical Commis- 
 sioners of Copyholds for lives. 
 
 ENFRAN- 
 CHISEMENT 
 
 OF . 
 COPYHOLDa 
 FOR LIVES. 
 
 THIS INDENTURE, made the day of , Between j,^^^^^ 
 
 the Ecclesiastical Commissioners for England, of the one part, 
 
 and A. B. of, &c. {copyholder), of the other part : Whereas at Re«|te grant 
 
 a court holden in and for the manor of , in the county ^""^ ™^' *° 
 
 of , the Dean and Chapter of the Cathedral Church of"^^^. 
 
 , at , lords of the said manor, granted unto the said 
 
 A. B. {■parcels as described in Court Rolls), To hold the same 
 unto the said A. B. and his heirs for and during the lives of 
 
 , and the lives and life of the longest livers and liver of 
 
 them, at and under the yearly rent of £ , and the heriots, 
 
 suits, and services therefor due and of right accustomed, and 
 the said A. B. was thereupon admitted tenant to the said pre- 
 mises : And whereas under or by virtue of the several Acts of 
 Parliament relating to the Ecclesiastical Commissioners for gJ^'J" 
 England and an Order of Her present Majesty in Council, dated *™"|tJ5^''^ 
 
 the day of , and published in the London Gazette on ^^^^. 
 
 the day of , ratifying a scheme of the Ecclesiastical m^sionera'. 
 
 Commissioners recited in the said order. All the manors, lands, 
 tithes, tenements, and hereditaments which then belonged either 
 in possession or reversion to the said Dean and Chapter (with 
 
 certain exceptions not affecting the said manor of ) became 
 
 vested in the said Ecclesiastical Commissioners : And whereas ^oSncii" 
 by an Order of Her Majesty in Council, dated, &c., and pub- Se^M-"^ 
 lished, &c. {Recite Order in Council authorising Ecclesiastical ^l^^l 
 
 Digitized by Microsoft® 
 
396 PURCHASE DEEDS. 
 
 ENFRAN- 
 CHISEMENT 
 
 COFYHOLDS 
 FOB LIVES. 
 
 Commissioners to dispose of the property vested in them under 
 previous order) : And whereas the said Ecclesiastical Com- 
 missioners have agreed with the said A. B. for the enfranchise- 
 propMtT" "' "^ent and sale to him of the hereditaments hereinafter described 
 Agreement (being the hereditaments comprised in the said grant by copy 
 chisTmS" of Court Roll), at the price of £ : -NOW THIS INDEN- 
 
 and sale. ___ 
 
 Witnessing TURE WITNESSETH, that in pursuance of the said agree- 
 ''*'*■ ment, and in consideration of the sum of £ , on or before 
 
 Considera- 
 tion, the execution of these presents paid by the said A. B. into the 
 
 Bank of England, to the credit of the said Ecclesiastical Com- 
 missioners, as appointed by them in that behalf (the receipt 
 whereof is testified by the memorandum indorsed hereon, and 
 the payment whereof the Ecclesiastical Commissioners do hereby 
 ica'''com- S'Cknowledge), they the said Ecclesiastical Commissioners do 
 Srfranchlae hereby enfranchise and grant unto the said A. B. and his heirs, 
 parcels, ^^L, &c. (parcels by reference to a schedule, general words, 
 copyhower "''"^ *'^ '^'^^ estate, dc.) : To have and to hold the heredita- 
 in tee. ments and premises hereby enfranchised and granted, or ex- 
 pressed so to be, unto and to thg use of the said A. B., his heirs 
 and assigns, as freehold, henceforth and for ever freed and dis- 
 charged from all rents, heriots, fines, suits, services, and other 
 Covenant incidents of copyhold tenure : AND THE SAID Ecclesiastical 
 aJticafcom- Commissionors do hereby, for themselves and their successors, 
 that they Covenant with the said A. B,, his heirs and assigns, that they 
 no act the said Ecclesiastical Commissioners have nat at any time done 
 they are Or executed, or knowingly suffered, any act, deed, or thinff. 
 
 prevented i i i i p - , . . 
 
 from en- whereby they are prevented from enfranchismg and granting 
 the hereditaments and premises hereby enfranchised and 
 granted, or expressed so to be, unto and to the use of the said 
 A. B., his heirs and assigns, in manner aforesaid. 
 
 In witness whereof the said Ecclesiastical Commissioners 
 have hereunto set their common seal the day and year first 
 above- written. 
 
 The Schedule referred to in the above-written 
 Indenture. 
 
 Digitized by Microsoft® 
 
PDKCHASE DEEDS. 397 
 
 No. XCVI. 
 
 DEED of Enfranchisement of Copyholds for lives enfkah- 
 
 CHISEMENT 
 
 hu the Rector of a Parish with the consent of the ^'hebe 
 
 •^ ■' CESTDia QUE 
 
 Ecclesiastical Commissioners and the Patron '"^ *»^ 
 
 TENANTS. 
 
 under 24 d 25 Fict c. 105, w/iere i/ie cestuis que 
 
 vie are the tenants on the Court Rolls, as Trus- 
 tees /or the BENEFICIAL owner (a). 
 
 THIS INDENTURE, made the day of , Between Parties. 
 
 the Reverend A. B., rector of , and as such rector lord of 
 
 the manor of the rectory of , of the first part, the Eccle- 
 
 siaf.tical Commissioners for England of the second part, C. D. of, 
 &c., the patron of the said rectory, of the third part, and E. F. 
 of, &c. (copyholder), of the fourth part : Whereas at a court Recite grant 
 
 holden in and for the said manor on the day of , 18 — , in reveraion^ 
 
 the lord of the said manor granted in reversion to L. M. of, &c., tor'imoyin 
 then aged, &c., the lands and hereditaments hereinafter de- for equitawe 
 
 owner 
 
 scribed and intended to be hereby enfranchised and granted 
 with their appurtenances, To hold the same unto the said L. M. 
 for his life from and after the deaths, surrenders, or forfeitures 
 of X. and Y. respectively, In trust nevertheless for the said E. F., 
 
 his heirs and assigns, at and under the yearly rent of £ , and 
 
 the heriots, suits, and services therefor due and of right accus- 
 tomed : And whereas at a court holden in and for the said Further 
 
 manor on the day of , 18 — , the homage presented uvea in 
 
 the deaths of the said X. and Y., and thereupon the lord of the death or 
 said manor granted to N. 0. of, &c., then aged, &c., and P. Q. ii™s. 
 of, &c., then aged, &c., the said lands and hereditaments, To hold 
 the same unto the said N. 0. and P. Q. from and after the 
 death, surrender, or forfeiture of the said L. M. during their 
 lives and the life of the longest liver of them, upon trust never- 
 theless for the said E. F., his heirs and assigns, at and under the 
 
 said yearly rent of £ , and the heriots, suits, and services 
 
 therefor due and of right accustomed : And whereas the said 
 A. B., as the rector of , is now the lord of the manor of 
 
 (a) See stat. 21 & 22 Vict. c. 57, conferring powers on Ecclesiastical Cor- 
 porations, with certain exceptions, and with approval of Ecclesiastical Com- 
 missioners, and also with certain consents to sell, &c. 
 
 Digitized by Microsoft® 
 
398 Purchase deeds. 
 
 cHrasMmfT the rectory of , and the said C. D. is the patron of the 
 
 ci:sTu™«uE said rectory ; And WHEREAS it has been made to appear to 
 TENAHm the satisfaction of the Ecclesiastical Commissioners for England 
 That the that the lands and hereditaments hereinafter described may, to 
 rector is e ^-^^ permanent advantage of the estate or endowment belonging 
 SifaT'"' *° ^^^^ rectory, be enfranchised and sold for the sum and in 
 commis- manner hereinafter mentioned : And whereas three months' 
 
 sioners are 
 
 thatft ?s for ^^otice in writing of such proposed enfranchisement and sale has 
 
 t^c°rfthe ^^^^ given to the Right Reverend the Lord Bishop of , in 
 
 enfrSifae. whose diocose the said rectory is situate : And whereas under 
 That notice the powers enabling him in this behalf contained in the 
 
 flag TlAATI 
 
 given to the Act of Parliament passed, &c., and intituled, &c. (a), and of 
 Agreement the scvcral Acts therein referred to, the said A. B., with the 
 wJthocm- approval of the said Ecclesiastical Commissioners testified as 
 cjesiMticai hereinafter is mentioned, and also with the consent and approval 
 sioners and of the Said C. D. as the patron of the said rectory, hath agreed 
 enftmoMse. with the Said E. F. for the enfranchisement and sale of the lands 
 
 and hereditaments hereinafter described for the sum of £ : 
 
 NOW THIS INDENTURE WITNESSETH, that in pursu- 
 considera- anco of the Said agreement in this behalf and in consideration of 
 
 the sum of £ , on or before the execution of these presents, 
 
 paid by the said A. B. into the Bank of England, to the account 
 of the Ecclesiastical Commissioners for England, by their direc- 
 tion (the payment of which sum is testified by the memorandum 
 indorsed hereon and signed by the treasurers of the said Eccle- 
 The rector, siastical Commissioners), he the said A. B. doth by these pre- 
 sents in pursuance and execution of the power enabling him 
 contained in the above-mentioned Act, and of all other 
 withsnoh powers (if any) enabling him in this behalf, and with the 
 approvafas consout and approval of the said Ecclesiastical Commissioners 
 a oresai , ^^ggt-jggjj ]jy their being parties to and executing these pre- 
 sents), and also with the consent and approval of the said 
 C. D. as the patron of the said rectory, testified by his 
 enfranchises being a party to and executing these presents, enfranchise, 
 parcels gj-ant, and convey unto the said E. F. and his heirs, All, &c. 
 {parcels, general words, and the reversion, dec) : To have and 
 to grantee TO HOLD the hereditaments and premises hereby enfranchised, 
 cestuisV? granted, and conveyed, or expressed so to be, unto the said E. F. 
 ™e^iu °"^ and his heirs, To the use of the said L. M., N. 0., and P. Q., for 
 
 trustforthe -, i • ,i • i_* t • . «. 
 
 equitable and durmg tneir respective lives in succession according to the 
 order and course of their names in the several copyhold grants 
 (a) 24 & 25 Vict. c. 105. 
 
 Digitized by Microsoft® 
 
PURCHASE DEEDS. 399 
 
 hereinbefore recited. Nevertheless in trust for the said E. F., his enfran- 
 
 ' ' CH18EMENT 
 
 heirs and assigns, and to be surrendered or conveyed as he or oESTma'^uE 
 they shall direct (h), And from and after the death of the last ^^^^^ 
 survivor of them the said L. M., N. 0., and P. Q., To the use of ~TT 
 
 ' ' ^^ ' aud after 
 
 the said E. F., his heirs and assigns, for ever, To the intent that 3^^°"'^° 
 immediately upon the execution of these presents, the copyhold ^'"Jjf ^"/ 
 tenure of the said premises, and all rents, fines, heriots, suits, "^"'jj^'^ 
 services, and rights incident thereto, may be extinguished. '^ 
 {Covenant by A. B. with E. F. that he has done no act whereby intent that 
 he is prevented from enfranchising and granting, supra, tenancy 
 
 p. 396.) gSlshe™" 
 
 In witness, &c. 
 
 No. XCVII. 
 
 CHI8EMENT 
 
 DEED of Enfranchisement of Copyholds for Lives ^nfran- 
 under similar circumstances as last Precedent. 
 (Afiother form.) 
 
 COPY HOLDS 
 FOR LIVES. 
 
 [Another 
 
 THIS INDENTURE (same parties and recitals as in last ^!^ 
 
 Precedent) : And whereas it has been arranged that the said Recite 
 enfranchisement and sale shall be carried into effect in manner howmimn- 
 following (that is to say), that the said L. M., N. O., and P. Q. ahouidbe 
 shall in the first place surrender the said hereditaments to the effect. 
 said A. B. as lord of the said manor, so as to extinguish the 
 copyhold tenure thereof, and that thereupon the said A. B. shall 
 grant the same hereditaments as freehold to the use of the said 
 E. F., his heirs and assigns, in the manner hereinafter expressed : 
 And whereas in part pursuance of the said arrangement the surrender 
 said L. M., N. 0., and P. Q. have by the direction of the said copyhow" 
 E. F., and before the execution of these presents, surrendered be extin- 
 into the hands of the said A. B., as lord of the said manor out 
 of court, the hereditaments hereinafter described with their 
 appurtenances, To the intent that the copyhold tenure thereof 
 may be extinguished: NOW THIS INDENTURE WIT- 
 NESSETH, that in pursuance of the said agreement in this 
 behalf, and in consideration, &c. (as in last Precedent), He the 
 
 (b) It will lie observed that under an enfranchisement taken in this form 
 the legal estate will be vested in the old cestui que vie during their lives, 
 which legal estate will have to be got in by a separate deed. 
 
 Digitized by Microsoft® 
 
400 
 
 PURCHASE DEEDS. 
 
 ENFRAN- 
 CHISEMENT 
 
 OF 
 COPYHOLDS 
 FOR LIVES. 
 
 {Anotker 
 
 Form.] 
 
 Lord, -with 
 the consent 
 of the Ec- 
 clesiastical 
 Commis- 
 sioners and 
 patron, 
 grants 
 parcels to 
 purchaser. 
 
 said A. B. doth by these presents, in pursuance, &c., and with 
 the consent, &c. (as in last Precedent), grant and convey unto 
 the said E. F. and his heirs (parcels— general words): To 
 HAVE AND TO HOLD the hereditaments and premises hereby 
 granted and conveyed, or expressed so to be, unto and to the 
 use of the said E. F,, his heirs and assigns, for ever. (Covenant 
 hy A. B. that he has done no act whereby he is prevented from 
 granting t supra, p. 396.) 
 In witness, &c. 
 
 RELEASE OF 
 
 EXECUTORY 
 
 DEVISE. 
 
 Becite will 
 devising 
 lands to 
 purchaser 
 in fee, 
 but in case 
 he should 
 die without 
 leaving 
 issue, to the 
 vendor. 
 
 Agreement 
 for pur- 
 chase. 
 
 Release of 
 parcels. 
 
 No. XCVIII. 
 
 EELEASE of an Executory Devise to the Owner of the 
 First Estate. 
 
 THIS INDENTURE, made, &c.. Between A. B. of, &c. (re- 
 leasor), of the one part, and C. D. of, &c. (releasee), of the other 
 part: Whereas G. H., late of, &c., duly made his -will, dated, &c., 
 and thereby devised all his estates, lands, and hereditaments, 
 situate, &c., unto and to the use of the said C. D., his heirs and 
 assigns, for ever ; but in case the said C. D. should die with- 
 out leaving lawful issue living at his decease, then, by way of 
 substitution of the said use, the said testator devised his estates, 
 lands, and hereditaments unto and to the use of the said A. B., 
 his heirs and assigns, for ever (Death of G. H., without having 
 revoked or altered his said will, and probate thereof) : Ajtd 
 WHEREAS the said C. D. hath agreed with the said A. B. for 
 the absolute purchase of all the interest of the said A. B. in 
 
 the said estates, lands, and hereditaments at aforesaid, 
 
 devised by the said recited will of the said G. H. to the uses 
 
 and in manner aforesaid, at the price of £ : NOW THIS 
 
 INDENTURE WITNESSETH, that in pursuance of the said 
 agreement, and in consideration, &c. (the receipt, dc.), he the 
 said A. B. doth hereby release and confirm unto the said C. D. 
 and his heirs, All and singular the estates, lands, heredita- 
 ments and premises at aforesaid, so devised by the said 
 
 will of the said G. H. to the uses and in manner aforesaid, 
 with their and every of their rights, members, and appurte-" 
 nances (and all the estate, djc.) : To HAVE AND TO hold the 
 premises hereby released, or expressed so to be, unto and to the 
 
 Digitized by Microsoft® 
 
PURCHASE DEEDS. 401 
 
 RELEASE OF 
 
 EXEOUTORY 
 
 DEVISE. 
 
 use of the said C. D., his heirs and assigns, for ever, To the 
 intent that he and they may hold, retain, and enjoy the same, 
 free from the aforesaid executory devise or limitation over to char""in fee 
 the said A. B., and from all other claims and demands what- exe'cutoi^ 
 soever of him the said A. B., his heirs or assigns, in respect ''''™*' 
 thereof. (Covenants by A. B. that he has good right to release 
 the said -premises to the said C. D., his heirs and assigns, in 
 manner aforesaid, free from incumbrances, and for further 
 assurance.) 
 In witness, &c. 
 
 No. XCIX. 
 
 GRANT of the BENEriT of an Executory Devise to a 
 Purchaser (a). 
 
 GRANT OF AN 
 
 EXEOOTORY 
 
 DEVISE 
 
 TO A 
 
 PURCHASER. 
 
 THIS INDENTURE, made, &c., Between A.B. of, &c. (vendor), 
 
 of the one part, and C. D. of, &c. (purchaser), of the other ^'"'"°'- 
 
 part : Whereas (Recite will creating executory devise and Recite wui 
 
 ./ c creating 
 
 death of testator and probate of his will, see supra, p. 400) : executory 
 And whereas the said A. B. hath agreed with the said C. D. Agreement 
 for the absolute sale to him of all the estate, right, and interest '°'^^"- 
 of the said A. B., under or by virtue of the said recited will, 
 in and to the hereditaments hereinafter described and intended 
 to be hereby granted (which hereditaments form part of the 
 real estate so devised by the said recited will as aforesaid), and 
 
 in and to the appurtenances, at the price of £ : NOW 
 
 THIS INDENTURE WITNESSETH, that in pursuance of 
 the said agreement, and in consideration, &c. (the receipt, dtc), 
 He the said A. B. doth hereby grant unto the said C. D. and his 
 
 So) By the 6tli section of the 8 & 9 Vict. c. 106, all contingent, exeoutoiy contingent 
 I- future iaterests in tenements or hereditaments of any tenure are dis- estates. 
 posable by deed. 
 
 The 8th section of the same Act provides that a contingent remainder Contingent 
 shall not be defeated by the forfeiture, surrender, or merger of the preced- remaindeis. 
 ing estate of freehold ; so that as to contingent remainders created tiefore 
 the passing of the 40 & 41 Vict. c. 33, its failure depends on the particular 
 estate of freehold naturallj' determining during the contingency, or on the 
 non-happening of the contingent event. But it is provided by the last- 
 mentioned Act, that every contingent remainder created after the passing of 
 that Act, shall, in the event of the particular estate determining before 
 the contingent remainder vests, be capable of taking effect as u it had 
 originally been created as a springing or shifting use or executory devise or 
 other executory limitation. 
 
 Digitized by Microsoft® 
 
402 
 
 PURCHASE DEEDS. 
 
 GRANT OF AN 
 
 EXECUTOJRY 
 
 DEVISE 
 
 TO A 
 
 PURCHASER. 
 
 Vendor 
 grants all 
 his estate 
 and interest 
 in the here- 
 ditaments 
 imder will. 
 
 Covenant 
 by vendor 
 for right to 
 grant free 
 from incum- 
 brances. 
 
 And for 
 further 
 assurance 
 
 heirs, All the estate, right, and interest of him the said A. B., 
 under or by virtue of the said recited will in and to the here- 
 ditaments hereinafter described, namely : All, &c. {here describe 
 parcels), and in and to all and singular their rights, members, 
 and appurtenances : To have AND TO HOLD the same unto and 
 to the use of the said C. D., his heirs and assigns, for ever : And 
 THE SAID A. B. doth hereby, for himself, his heirs, executors, and 
 administrators, covenant with the said C. D., his heirs and 
 assigns. That he the said A. B. now hath good right to grant 
 the premises unto and to the use of the said C. D., his heirs and 
 assigns, in manner aforesaid : And that free from incum- 
 brances : And fuether {Covenant by A. B. for further 
 assurance) . 
 In witness, &c. 
 
 No. 0. 
 
 GRANT OF 
 FREEHOLDS 
 
 AND DE- 
 CLARATION 
 
 OF TRUST OF 
 COPYHOLDS 
 
 BY TRUSTEE. 
 
 Recite 
 purchase of 
 freeholds 
 and copy- ■ 
 holds ill the 
 name of a 
 trustee 
 
 Agreement 
 to execute 
 assurance 
 and decla- 
 ration of 
 trust. 
 
 Grant of 
 freeholds to 
 company 
 
 GRANT of Feeeholds and Declaration of Trust of 
 Copyholds, which had been Pueghased in the Name 
 of a Teustee /or a Company {by Indoesement). 
 
 THIS INDENTURE, made, &c.. Between the within-named 
 
 A. B. of the one part, and the Company of the other 
 
 part : Whereas the freehold and copyhold hereditaments com- 
 prised in the within-written indenture, were purchased by the 
 
 said A. B. as agent for and on account of the said 
 
 Company, and the within-mentioned purchase-money of £ 
 
 was paid by the said A. B. out of the proper monies of the 
 
 said Company : And whereas, at the request of the 
 
 said Company, the said A. B. hath agreed to execute to 
 
 the said Company such assurance of the said freehold 
 
 hereditaments, and to execute such declaration of trust as to 
 the said copyhold hereditaments, as are hereinafter contained : 
 NOW THIS INDENTURE WITNESSETH, that in pur- 
 suance of the aforesaid agreement, and in consideration of the 
 premises, he the said A. B. doth hereby grant unto the said 
 Company, their successors and assigns, All and sin- 
 gular the freehold messuages, lands, hereditaments, and pre- 
 mises comprised in and assured by the within-written indentui-e. 
 
 Digitized by Microsoft® 
 
PURCHASE DEEDS. 403 
 
 or expressed so to be : And all the estate, &c. : To have °^"^ °^ 
 AND TO HOLD the hereditaments and premises hereby eranted and™^^ 
 
 „_ J , 1 1 J & "J CLABATIOS 
 
 or expressed so to be, unto and to the use of the said "^ '"'trsT o*' 
 
 Company, their successors and assigns, for ever (Covenant by ""' ™"^™'^- 
 A. B. against incumbrances) : AND THIS INDENTURE declaration 
 ALSO WITNESSETH, that in further pursuance of the afore- S^'' 
 said agreement, and in consideration of the premises, it is 
 hereby declared that the said A. B., his heirs and assigns, do 
 and shall henceforth stand seised of and interested in all and 
 singular the copyhold hereditaments and premises in the within- 
 written indenture recited to have been surrendered to the use 
 of the said A B., as within is mentioned, In trust for the said 
 
 Company, their successors and assigns, for ever. 
 
 In witness, &c. 
 
 No. CI. 
 
 EXCHANGE of a Piece of Land for a Dwelling- kxchakqe 
 HOUSE effected by Separate Mutual Convey- ""otn-"'"' 
 
 / V VEYANCES. 
 
 ANCES {a). ■ 
 
 THIS INDENTURE, made the day of , Between 
 
 A. B. of, &c. (vendor), of the first part, and C. D. of, &c. (pur- 
 
 (o) It will be observed that the arrangement is cai-ried out by two instru- Proper fonn 
 ments. If only one deed were prepared for the purpose, such deed must °''P"™'e 
 be executed in duplicate, or one of the parties must have its custody, "'"''"'"e^- 
 and the other party must be satisfied with a covenant for its production 
 at his own expense. There is no advantage in the arrangement taking the 
 form of a common-law exchange, and before the 8 & 9 Vict. c. 106, such 
 form was objectionable from its making the title to the property given in 
 exchange essential to the title to the property taken in exchange. By the 
 4th section of the Act above referred to, it is provided that an exchange or 
 partition of any tenements or hereditaments made by deed shall not imply 
 any condition in law. 
 
 In cases where it may be difficult to carry into effect an exchange of cor- Exchanges 
 poreal or incorporeal hereditaments by private agreement, the same may be P"|«i' the 
 effected by the application in writing of the persons interested according to Acts"^™^" 
 the definition contained in the 8 & 9 Vict. c. 118, ss. 16 — 21, to the Inclosure 
 Commissioners of England and Wales, who are invested with several statu- 
 tory powers for this purpose. (See 8 & 9 Vict. c. 118, s. 147 ; 9 & 10 Vict. 
 0. 70, ss. 9, 10, 11 ; 10 & 11 Viet. c. Ill, ss. 4, 6 ; 12 & 13 Vict. c. 83. 
 ss. 7, 11 ; 15 & 16 Vict. 0. 79, ss. 17, 31, 32 ; 17 & 18 Vict. c. 97, s. 5 ; 20 
 & 21 Vict. c. 31, ss. 4—11; 22 & 23 Vict. c. 43, ss. 10, 11 ; 31 & 32 Vict. 
 c. 89.) The exchange is perfected by an order of and imder the hands and 
 seal of the commissioners, so that no conveyance is necessary ; and it is pro- 
 
 D D 2 
 
 Digitized by Microsoft® 
 
404 PURCHASE DEEDS. 
 
 EXCHANGE 
 BY MDTUAL 
 
 ' CON- 
 VEYANCES. 
 
 chaser), of the other part : Whereas the said A. B. is now 
 seised of the hereditaments comprised in the first schedule 
 Seisin of hereto for an estate of inheritance in fee simple in possession, 
 K^-"^ free from incumbrances : AND WHEREAS the said C. D. {Recite 
 comS'risS seisin in fee of C. D. to the hereditaments comprised in the 
 'sch^duil^* second schedule) : And whereas it hath lately been arranged 
 Seisin of and agreed between the several parties hereto that the said 
 
 grantee as «= ^ 
 
 dit^mts -^-B. should convcj the hereditaments comprised in the said 
 
 fn^e"^^* first schedule, and the inheritance thereof in fee simple in pos- 
 
 sohedie session, unto and to the use of the said C. D., his heirs and 
 
 Agreement assigus, in Consideration of the said C. D. conveying the here* 
 
 heiedita- ditaments comprised in the said second schedule, and the in- 
 
 the first heritance thereof in fee simple in possession, unto and to the 
 
 considera- usc of the Said A. B., liis heirs and assigns : And whereas, 
 
 tlonofhere- ' ,. i p • T 
 
 ditaments pursuant to and m part performance of the aforesaid agree- 
 second ments, by an indenture bearing even date with these presents, 
 Indenture and made between the said C. D. of the one part, and the said 
 conveying A. B. of the Other part, the hereditaments comprised in the 
 ments in secoud Schedule hereto have been conveyed by the said C. D. 
 schedule to unto and to the use of the said A. B., his heirs and assigns, as 
 ™"'^'"' he. the said A. B. doth hereby acknowledge : NOW THIS IN- 
 DENTURE WITNESSETH, that in pursuance of the afore- 
 Grantof said agreement, and in consideration of the premises {Grant by 
 ments in ^, jj^ qf fjig hereditaments comprised in the first schedule 
 schedule to kgreto {general words, and all the estate, dc), unto and to 
 the use of G. D., his heirs and assigns, — Govenant by A. B.for 
 right to grant— for quiet enjoyment — free from incumbrances, and 
 for further assurance. Supra, pp. 218, 219). 
 In witness, &c. 
 
 The First Schedule referred to in the above-written 
 
 Indenture. 
 The Second Schedule' referred to in the above-written 
 
 Indenture. 
 
 vided that the land taken upon every such exchange shall enute to, tlpon 
 and for the same uses, trusts, and purposes, and subject to the same 'condi- 
 tions, charges, and incumbrances, as the lands given in such exchange would 
 have stood limited, or been subject to, in case such order had not been 
 made. (See 8 & 9 Vict. c. 118, s. 147.) The 4th section of the 10 & 11 
 Vict. c. Ill, provides that exchanges of lands may be made excepting or 
 reserving the mines or minerals, together with the rights and easements 
 connected with such mines, and (whether such mines and minerals shall or 
 shall not be reserved,) such rights of way and other easements as the parties 
 to the application may have agreed on ; and the 6th section of the same 
 
 Digitized by Microsoft® 
 
PURCHASE DEEDS. 405 
 
 No. CII. 
 
 OF niGHT OP 
 WAY. 
 
 GRANT of a Right of Way (a). grast 
 
 THIS INDENTURE, made, &c.. Between A. B. of, &c. 
 [grantor) of the one part, and C. D. of, &c. (grantee), of the 
 other part : WITNESSETH, that in consideration, &c. {the 
 receipt, <&c.), The said A. B. doth hereby grant unto the said 
 0. D., his heirs and assigns, Full and free right and liberty O"'""' "' 
 
 r J r-i'i/ii-i right of way 
 
 ot way and passage, tor himself and themselves, and his and 
 their tenants and servants, and others authorised by him 
 or them, with or without horses, carts, and carriages of all de- 
 scriptions, over and along a road leading from the turn- 
 pike road to a piece of land of the said C. D., situate in the 
 
 parish of , in the county of , delineated and coloured 
 
 pink in the map drawn in the margin of these presents, being 
 
 part of the farm known as farm, through certain pieces 
 
 of land of the said A. B., situate in the said parish, delineated 
 and coloured green on the said map, and the course of which 
 road is shown on the said map by a dotted line between the 
 points marked A and B thereon : To hold the said right of *» purchaser 
 
 in fee 
 
 way unto and to the use of tlie said C. D., his heirs and 
 assigns, owners for the time being- of the piece of land coloured 
 pink on the said map, for all purposes connected with the use, 
 occupation and enjoyment of the said piece of land, and of the 
 farm and lands of the said C. D. adjoining thereto and accessible 
 through the same by means of the said road : And the said covenant 
 
 by vendor 
 
 Act empowers the Commissioners, with the consent of the lord of the manor 
 and the parties taking copyhold lands in exchange, to declare that the same 
 shall be held as freehold on such terms as may be agreed upon between the * 
 parties. 
 
 By the 11 & 12 Vict. c. 99, ss. 13, 14, the provisions of the 8 & 9 Vict. Partitions 
 c. 118 ; 9 & 10 Vict. c. 70 ; and 10 & 11 Vict. c. Ill, as to exchanges of H'}^clo*s1rre 
 lands not subject to be enclosed, are extended to pariilions ; and the 10th Acts." 
 and 11th sees, of the 22 & 23 Vict, c. 43, provide that lessees need not 
 join in the application for partition, and that the provisions as to notice 
 of dissent shall not apply where the application is made by two-thirds 
 in value of the persons interested in the land or other subject-matter of 
 partition. 
 
 (a) Rights of way are either in gross or appurtenant. A right of way in 
 gross ca,nnot be assigned ; a right of way appurtenant to any particular land 
 must be connected with the use and enjoyment of that land, and cannot be 
 granted for purposes wholly uncoiinetled with it : Ackroyd r. Smith, 
 19 L. J. C. P. 315 ; see also Thorpe v. Brumfitt, L. E. 8 Ch. 850. 
 
 Digitized by Microsoft® 
 
406 
 
 PDRCHASE DEEDS. 
 
 oj, °™ oj. A. B. doth hereby for himself, his heirs, executors and admi- 
 
 WAY. 
 
 for riglit to 
 grant, 
 
 for quiet 
 enjoyment. 
 
 and for 
 further 
 assurance. 
 
 . nistrators, covenant with the said 0. D., his heirs and assigns. 
 That notwithstanding any thing by him the said A. B., or any 
 of his ancestors, done or knowingly suffered to the contrary, he 
 the said A. B. now hath good right to grant the said' right of 
 way in manner aforesaid : And that the said C. D., his heirs 
 and assigns, owners for the time being as aforesaid, shall and 
 may at all times hereafter peaceably and quietly use and enjoy 
 the said right without any lawful eviction, interruption, or dis- 
 turbance whatsoever, of, from, or by the said A. B., or any 
 person or persons lawfully or equitably claiming from or under 
 him, or any of his ancestors : And FURTHER, that the said 
 A. B., and all other persons lawfully or equitably clainding 
 as aforesaid, shall and will at all times hereafter, upon 
 the request and at the cost of the said C. D., his heirs or 
 assigns, owners for the time being as aforesaid, do and 
 execute, or cause to be done and executed, such acts, things, 
 and assurances for the further and more effectually assuring 
 the said right of way, unto and to the use of the said 
 C. D., his heirs and assigns, in manner aforesaid as shall or 
 may be reasonably required : And also that it shall be lawful 
 for the said C. D., his heirs and assigns, owners for the time 
 being as aforesaid, from time to time, and at all times here- 
 after, to repair and amend the said road, the right of way over 
 which is hereinbefore granted, in order that the said road naay 
 be kept in good repair and condition, and that the same be at 
 all times fit and proper for answering the purposes intended 
 by these presents (6) : Provided always, that if the said 
 A. B., his heirs or assigns, owners of the land traversed by the 
 said road, shall use the same, then and in such case he or they 
 shall contribute a fair and reasonable proportion of the cost of 
 keeping the same in repair, and if any difference shall arise as 
 to the amount which ought to be so contributed, the same shall 
 be referred to two arbitrators, one to be appointed by each 
 party, and such reference shall be deemed an arbitration within 
 the " Common Law Procedure Act, 1854." 
 In WITNESS, &c. 
 
 (6) The grantee of a right of way is under no oUigation to repair the 
 road ; but if he wishes to use it, he must do so. Per Coleridge .T in 
 Duncan v. Louch, 14 L. J. Q. B. 187. ^oieriage, j., m 
 
 Digitized by Microsoft® 
 
PURCHASE DEEDS. 407 
 
 No. cm. 
 
 CONVEYANCE of Freeholds and a Eight of Way "■' 
 over OTHER Land. *»■> right 
 
 OF Way 
 
 THIS INDENTURE, made the day of , Between "'"^X""" 
 
 A. B. of, &c. {vendor), of the one part, and C. D. of, &c. ( pur- I'^rt'es- 
 chaser), of the other part : Whereas the said A. B. has agreed Agreement 
 with the said C. D. for the absolute sale to him of the heredita- 
 ments intended to be hereby granted, and the inheritance 
 thereof in fee simple in possession, free from incumbrances, at 
 the price of £ ■ : NOW THIS INDENTURE WITNESS- 
 ETH, that in pursuance of the said agreement, and in con- Conaidera- 
 
 sideration of the sum of £ to the said A. B., paid by the 
 
 said C. D., on or before the execution of these presents {the 
 receipt, dc), The said A. B. doth hereby grant unto the said JanteVnds 
 C. D. and his heirs : First, all, &c. {parcels, general words, ^yofer "' 
 and all the estate, &c.) : And secondly, full and free """^ ™* 
 eight, and liberty, and licence for the said C. D., his heirs and 
 assigns, owners for the time being of the hereditaments firstly 
 hereby granted, or expressed so to be, and his or their tenants 
 and servants, and all other persons authorised in that behalf by 
 him or them, from time to time, and at all times hereafter at 
 his and their will and pleasure, for all purposes connected with 
 the use and enjoyment of the said hereditaments, to go, return, 
 pass and repass, with or without horses, cattle, and other 
 animals, carts, waggons, and carriages, in, along, and over the 
 roadway now making in and through the piece of land situate, 
 
 &c., formerly known as , and now known as , and the 
 
 site and course of which roadway is shown in the plan endorsed 
 
 on these presents, and therein coloured : To have and \° puroiiasoi- 
 
 '^ . . m fee. 
 
 TO HOLD the hereditaments and premises hereby granted, or 
 expressed so to be, unto and to the use of the said C. D., his 
 heirs and assigns for ever : And it is hereby declared that 
 the right of way secondly hereinbefore granted, shall be used 
 and enjoyed by the said C. D., his heirs and assigns, in common 
 with the said A. B., his heirs and assigns, and the expense 
 of keeping the said road in repair shall be borne by the said 
 
 Digitized by Microsoft® 
 
408 
 
 PURCHASE DEEDS. 
 
 -OF 
 FREEHOLDS 
 AND BIGHT 
 
 OF WAY 
 
 OVER OTHER 
 
 LAND. 
 
 C. D., his heirs and assigns, and the said A. B., his heirs and 
 assigns, in equal moieties (a)., {Covenants for title by A, B,) 
 In witness, &c. 
 
 OP FREE- 
 HOLDS TO 
 PURCHASER, 
 WHO COVE- 
 NANTS NOT 
 TO BTTILD, 
 ETC. 
 
 Agreement 
 for sale. 
 
 No. CIV. 
 
 CONVEYANCE of Freeholds to a Puechasee, who 
 Covenants not to Build or to allow any Trees or 
 Shrubs to exceed a certain height. 
 
 THIS INDENTURE, made the 
 
 day of 
 
 Between 
 
 Considera- 
 tion, 
 
 Vendor 
 grants here- 
 ditaments 
 
 to purchaser 
 in fee. 
 
 Covenant l>y 
 purchaser 
 not to huild 
 on the land 
 or to allow 
 trees, &c. 
 to grow 
 beyond a 
 certain 
 height 
 
 A. B. of, &c. {vendor), of the one part, and C. D. of, &c. {fur- 
 chaser), of the other part : Whereas the said A. B. hath 
 agreed with the said C. D. for the absolute sale to him of the here- 
 ditaments intended to be hereby granted, and the inheritance 
 thereof in fee simple in possession, in consideration of the sum of 
 
 £ , and in consideration of the said C. D. entering into the 
 
 covenants hereinafter on his part contained : NOW THIS IN- 
 DENTURE WITNESSETH, that in pursuance of the aforesaid 
 agreement, and in consideration, &c. (fhe receipt, dtc), and in 
 consideration of the covenants on the part of the said C. D. 
 hereinafter contained. The said A. B. doth hereby grant unto 
 the said C. D. and his heirs, All, &c. {parcels, general words, 
 and all the estate, dc), To have and to hold the heredita- 
 ments and premises hereby granted, or expressed so to be, unto 
 and to the use of the said C. D., his heirs and assigns for ever 
 {Covenants for title, see supra, p. 219) : And in pursuance of 
 the aforesaid agreement in this behalf, the said C. D. to the 
 intent that the burden of this covenant may run with the 
 land hereby granted, doth hereby for himself, his heirs, exe- 
 cutors, administrators, and assigns, covenant with the said A. B., 
 his heirs, executors, administrators, and assigns, that he the 
 said C. D., his heirs or assigns, will not at any time hereafter 
 erect or permit to be erected any building or wall (6) on the 
 
 (a) It seems desiralDle to state in the deed who is to keep the road in 
 repair. This will of course depend on the parties who are to use it, and 
 on what may happen under the circumstances to be the most convenient 
 arrangement. 
 
 (6) See Bowes v. Law, L. R. 9 Ec^. 636. 
 
 Digitized by Microsoft® 
 
PURCHASE DEEDS. 409 
 
 said piece or parcel of land hei'eby granted or expressed so to 
 be, or any part thereof, and will not at any time hereafter 
 permit any trees or shrubs for the time being growing in or 
 upon the said piece or parcel of land to exceed ten feet in 
 height from the ground, having regard always to the present 
 level of the said piece or parcel of land, and will at all times, by 
 cutting the same or otherwise, prevent such trees and shrubs 
 from exceeding the aforesaid height. 
 In witness, &c. 
 
 OF FREE- 
 HOLDS TO 
 PURCHASER, 
 WHO COVE- 
 NANTS NOT 
 TO BUILD, 
 ETC. 
 
 No. CV. 
 
 CONVEYANCE of a Plot of Land, part of a Building "" ^^^ or 
 Estate — Mutual Covenants hy Vendor and Pur- subject to 
 
 ^ REBTRICTIVB 
 
 CHASER, with respect to Building, &c., on such Plot, covemants. 
 and on the Plots sold or intended to he sold to other 
 purchasers. 
 
 THIS INDENTURE, made the day of Between P^tiM 
 
 A. B. of, &c. {vendor), of the one part, and C. D. of, &c. [pur- 
 chaser), of the other part, "WITNESSETH that, in considera- 
 tion, &c., the said A. B. doth hereby grant unto the said C. D., S'pi'ot'or'^ 
 his heirs and assigns. All that plot or parcel of land situate in pur'Jh^or 
 
 the parish of , in the county of , containing or '" '*"• 
 
 thereabouts, which, with the dimensions and abuttals thereof, 
 is delineated and shown on the map, drawn in the margin of 
 these presents, and is thereon coloured pink, Together with 
 all rights and things appurtenant or reputed to be appurtenant 
 thereto. And all the estate and interest of the said A. B. 
 therein, To have and to hold the same unto and to the use 
 of the said C. D., his heirs and assigns for ever {Covenants for 
 title and for production of deeds, see supra, pp. 219, 2^0) : And Re<=itai 
 WHEREAS the plot of land hereby granted is part of an estate of js p^ or 
 the said A. B., divided into plots for building purposes, some of estate, 
 which plots have been sold and the others are intended to be 
 sold as and when purchasers can be found, and the said build- 
 ing estate is delineated on the said map, the plot of land hereby 
 granted being coloured pink thereon, and the remainder of the 
 estate being coloured yellow thereon : And whereas all the ^J^J']^^'^' 
 
 Digitized by Microsoft® 
 
410 
 
 PURCHASE DEEDS. 
 
 OF PLOT OF 
 
 LAND 
 SUBJECT TO 
 REaTBIOTIVE 
 COVENANTS. 
 
 sold subject 
 to and with 
 couditions 
 and privi- 
 
 MutuaL 
 covenants 
 that con- 
 ditions and 
 privileges 
 shall be 
 annexed 
 to all the 
 plots. 
 
 But owner 
 not to be 
 personally 
 liable after 
 
 J)arting with 
 and. 
 
 said plots have been sold and are intended to be sold respec- 
 tively, subject to the conditions and with the privileges specified 
 in the schedule to these presents, and all the conveyances which 
 have been hitherto executed by the said A. B. to purchasers 
 have contained covenants similar to those hereinafter contained : 
 And whereas the parties hereto have agreed to enter into 
 the following covenants : Now it is hereby mutually 
 COVENANTED AND AGREED, between and by the said parties, 
 that all the conditions arid privileges specified and set forth in 
 the schedule hereto shall be for ever annexed as well to the 
 plot of ground hereby conveyed as also to all other the plots of 
 ground part of the said building estate shown on the said map, 
 so far as the same are applicable thereto respectively, and shall 
 be for ever hereafter respectively observed and enjoyed by the 
 owners for the time being of the said plots respectively, and be 
 mutually enforceable by and against the said owners respec- 
 tively, and that all future conveyances to be executed by the 
 said A. B. of the plots of ground not already sold and conveyed 
 as aforesaid shall contain covenants for giving effect to the said 
 conditions and privileges similar to those contained in these 
 presents : And it is hereby declared that the foregoing 
 covenants shall, both as regards the liability thereunder and the 
 benefit thereof, run with the land, with reference to which they 
 are entered into so far as legally can be, but that neither the 
 said A. B., nor the said C. D., nor any present or future owner 
 of any plot of land affected by such covenants shall be 
 personally liable thereunder, after he has parted with the same 
 plot of land. 
 In witness, &c. 
 
 The Schedule above referred to. 
 
 Digitized by Microsoft® 
 
PURCHASE DEEDS. 411 
 
 No. CVI. 
 
 RELEASE of Rent-Charge in fee, and building and release oy 
 other COVENANTS, to the Owner in fee of the Free- ohabge to 
 
 OWNER OF 
 
 HOLDS out oj which the rent is payable. lasp. 
 
 THIS INDENTURE, made, &c., Between A. B. of, &c. Parties. 
 {vendor), of the oae part, and C. D. of, &c. {purchaser), of the 
 other part {Recite grant of land by A, B. to C. D. in fee sub- Recite 
 ject to the limitation to A. B. of a yearly rent-charge of £5, &ndinfoe 
 and to covenants by C. D. as to bmlding and otherwise, and y^^y re"'- 
 that C. D. has erected a dwelling-house on the land, see 
 suprd, p. 362) : And whereas the said C. D. has agreed to ^fX^e' 
 purchase from the said A. B. a release from the said rent, and ^/^^['^ ^ 
 from the covenants and conditions in the indenture contained, 
 and on the part of the said C. D., his heirs and assigns, to be 
 
 observed and performed for the sum of £ : NOW THIS 
 
 INDENTURE WITNESSETH, that in pursuance of the 
 aforesaid agreement, and in consideration, &c., the said A. B. 
 doth hereby release unto the said C. D., his heirs and assigns, Release of 
 
 The said yearly rent of £ , limited to the said A. B., his to'tiie ^" 
 
 heirs and assigns, by the hereinbefore recited indenture, and fee of land, 
 all powers and remedies for recovering the same when in 
 arrear, and all covenants and conditions contained in the said 
 indenture, and on the part of the said C. D., his heirs and 
 assisrns, to be observed and performed : To the end and intent to the 
 
 , ° ' . , , , 11 1 nil 1 1 intent that 
 
 that the said yearly rent shall hencetorth be merged and same may 
 
 » *' ^ ^ ° ^ merge in the 
 
 extinguished in the freehold and inheritance of the heredita- inheritance, 
 ments comprised in the said indenture, and that the said 
 covenants and conditions shall cease and determine : And the covenants 
 SAID A. B. doth hereby, for himself, his heirs, executors, and 
 administrators, covenant with the said C. D., his heirs and 
 assigns, THAT notwithstanding, &c., he the said A. B. now hath 
 good right to release the said rent, covenants and conditions, in 
 manner aforesaid : And that he the said A. B., and aU per- 
 sons lawfully or equitably claiming from or under him, will, at 
 all times, at the request and cost of the said C. D., his heirs 
 and assigns, do and execute such £(cts, deeds, and things for 
 further releasing the said rent, covenants and conditions, in 
 manner aforesaid, as shall or may be reasonably required. 
 In witness, &c. 
 
 Digitized by Microsoft® 
 
412 PURCHASE DEEDS. 
 
 CVII. 
 SURRENDER of a Lease to the Lessor (a). 
 
 SURRENDER 
 
 OF LEASE 
 TO LESSOR. 
 
 THIS INDENTURE, made the day of , Between 
 
 A. B. of, &c. (lessee), of the one part, and C. D. of, &c. (lessor), 
 Recite lease, of the other part (Recite lease for thirty years to A. B.) : And 
 rent haa WHEREAS the rent and covenants reserved by and contained 
 
 Deen paid *^ 
 
 to present Jq the hereinbefore recited indenture of lease, and on the part 
 
 time. *■ 
 
 of the said lessee, to be paid, observed, and performed, have 
 been duly paid, observed, and performed by the said A. B. up 
 
 faTsimeTder ^° ^^^ ^^^^ °^ ^^^^^ preseuts : And whereas the said C. D. 
 
 lessor'" ii^t^ agreed to purchase from the said A. B. a surrender of 
 the hereditaments and premises comprised in the said inden- 
 ture of lease for the residue of the said term of thirty years, 
 at the price of £ : NOW THIS INDENTURE WIT- 
 NESSETH, that in pursuance of the said agreement, and in 
 consideration, &c. (the receipt, d.c.), he the said A. B. doth 
 
 suwender hefebv surrender unto the said C. D. and his heirs. All and 
 
 ol premises '^ 
 
 to lessor, SINGULAR the hereditaments and premises comprised in and 
 demised by the said indenture of lease, and all and singular 
 the appurtenances thereunto belonging : And all the estate, 
 right, title, interest, claim, and demand whatsoever of him the 
 
 to the said A. B., in, to, out of, or upon the premises : To THE INTENT 
 
 intent that ^ -ici -i i- i • 
 
 residue ot that the TBSidue 01 the said terra oi thirty years created by 
 
 Isase shall •/ ** j 
 
 merge in the the Said indenture of lease, and all other the estate and in- 
 
 inhentance. ' , 
 
 terest of the said A. B. in the said premises under or by virtue 
 
 of the said indenture, may be merged and extinguished in the 
 
 Covenants reversion and inheritance of the same premises : And the said 
 
 A. B. doth hereby for himself, his heirs, executors, and adminis- 
 
 Assignments (a) By the 3rd section of the 8 & 9 Vict. c. 106, it is provided that an 
 
 of chattel assignment of a chattel interest, not heing copyhold, in any tenements or 
 
 land, and" hereditaments, and a surrender in writing of an interest in any tenements 
 
 surrenders or hereditaments, not heing a copyhold interest, and not being an interest 
 
 tXe^i? which might by law have heen created without writing, shall he void ai law 
 
 writing unless made hy deed. If such an assignment or surrender is made hy 
 
 must be by writing under hand only for a valuable consideration, and the purchase- 
 
 an^intere^r^ money is paid, though it would be void at law it will be eflfectual m passing 
 
 at law. the equitable and beneficial interest absolutely to the purchaser ; and if the 
 
 consideration money or any part of it is not paid, it would operate as an 
 
 ordinary contract for sale, The spotion refers only to surrenders required 
 
 to be in writing. Therefore surrenders which take effect by operation of 
 
 law are not within the Act. 
 
 Digitized by Microsoft® 
 
PURCHASE DEEDS. 413 
 
 OF LEASE 
 TO LESSOR. 
 
 trators, covenant with the said C. D. and his heirs, That for and ^"""i™"™ 
 notwithstanding, &c., he the said A. B. now has good right to 
 surrender the said premises in manner aforesaid, free from in- 
 cumbrances : And that he the said A. B., and all persons lawfully 
 or equitably claiming from or under him, will at all times, at 
 the request and cost of the said C. D., his heirs and assigns, do 
 and execute all such acts, deeds, and things for further and more 
 effectually surrendering the said premises in manner aforesaid, 
 as shall or may be reasonably required. 
 In witness, &c. 
 
 A8SI0NUENT 
 
 CBOWINO 
 CROPS. 
 
 CVIII. 
 
 ASSIGNMENT of Growing Crops o/Corn and Grass. 
 
 THIS INDENTURE, made, &c,. Between A. B. of, &c, {ven 
 dor), of the one part, and C D. of, &c, (purchaser), of the other 
 part: WHEREAS the said A. B. hath agreed with the said C. D. contract 
 for the absolute sale to him of the crops of corn and grass now 
 growing on the pieces of land hereinafter particularly described 
 and specified, and all the benefit and advantage thereof, at the 
 
 price of £ : NOW THIS INDENTURE WITNESSETH, 
 
 that in pursuance of the aforesaid agreement, and in considera- 
 tion, &c. (the receipt, dc), he the said A. B. doth hereby grant 
 and assign unto the said C. D., his executors, administrators, Assignment 
 
 o ' ' of crops, 
 
 and assigns : All and singular the crops of corn and grass 
 
 which are now growing, arising, and being on the several pieces 
 
 or parcels of land hereinafter described, namely (here describe 
 
 the lands specifically) ; And all the estate, interest, benefit, 
 
 and advantage of the said A. B. in the same premises : To- T^**'?"^"^ 
 
 gether with full liberty for the said C. D., his executors, }» ^?-^^ <>" 
 
 ISrllQ to 
 
 administrators, and assigns, and the servants, labourers, and remove 
 other persons employed by him or them for that purpose, either 
 with or without horses, carts, and carriages, from time to time, 
 
 and at any time or times during the ensuing months of 
 
 and , between the hours of in the morning and 
 
 in the evening of each day, &c., of the said months respectively, 
 excepting the Sundays which shall occur therein, to enter upon 
 the said pieces or parcels of land respectively, or any part or 
 
 Digitized by Microsoft® 
 
414 
 
 PUKOHASE DEEDS. 
 
 ASSIQNMEST 
 
 GROWING 
 CROPS. 
 
 To pur- 
 
 cliaser 
 
 atsolulely. 
 
 Covenant 
 by vendor, 
 
 for right 
 to assign, 
 
 and for 
 fm-tlier 
 assurance. 
 
 parts thereof respectively, for the purpose of seeing the con- 
 dition of the said crops, and for the purpose of reaping, mow- 
 ing, and cutting the said crops of grass respectively, and re- 
 moving the same respectively, and also to do all such other acts 
 and things as may he necessary or required for the purpose of 
 ohtaining the full benefit of these presents: To have and 
 TO HOLD the premises hereby granted and assigned, or ex- 
 pressed so to be, unto and to the use of the said C. D., his 
 executors, administrators, and assigns absolutely : And he the 
 SAID A. B. doth hereby for himself, his heirs, executors, and 
 administrators, covenant with the said C. D., his executors, ad- 
 ministrators, and assigns, That he the said A. B, now hath good 
 right to grant and assign the said premises in manner aforesaid : 
 And also that the said A. B., and all persons claiming under 
 him will at all times hereafter, at the request and cost of the 
 said C. D., his executors, administrators, and assigns, execute and 
 do or cause to be done and executed all such further assurances 
 and things for the more effectually assuring the said premises 
 unto the said C. D., his executors, administrators, and assigns, 
 in manner aforesaid, and for more effectually enabling him and 
 them, to obtain the benefit of these presents, as shall -or may 
 be reasonably required. 
 In witness, &c. 
 
 No. CIX. 
 
 ASSIGNMENT 
 
 OV BOND 
 
 DEBT. 
 
 ASSIGNMENT of a Bond Debt (a) by endorsement on 
 the bond. 
 
 THIS INDENTURE, made, &c.. Between the within-named 
 A. B. (vendor), of the one part, and C. D. of, &c. (purchaser), of 
 the other part, WITNESSETH, that in consideration of the 
 sum of £800 now paid to the said A, B. by the said C. D. for the 
 absolute purchase of the bond debt intended to be hereby assigned 
 (the receipt whereof the said A. B. doth hereby acknowledge), he 
 
 (a) Notice must be given of the assignment to the debtor, and from the 
 date of such notice the assignment is effectual to pass the legal right to the 
 bond and aU legal remedies thereunder." A power of attorney is therefore 
 uimecessary. See 36 & 37 Vict. c. 66, s. 25, sub-sect. 6. 
 
 Digitized by Microsoft® 
 
PURCHASE DEEDS. 415 
 
 the said A. B. doth hereby assign unto the said C. D., his exe- *op™rajf^ 
 cutors, administrators, and assigns. The principal sum of £1000 ''™^- 
 
 secured by the with in- written bond, and the sum of £ , „; t^"™* 
 
 now due for arrears of interest thereon, and all interest hence- ■***'■ 
 forth to become due for the same, and also the said bond and 
 the full benefit and advantage thereof: To hold the same 
 unto the said 0. D., his executors, administrators, and assigns, 
 absolutely : And the said A. B. doth ' hereby for himself, his covenant 
 
 ^ ^ •'by vendor 
 
 heirs, executors, and administrators, covenant with the said 
 
 C. D., bis executors, administrators, and assigns, That the said forrfgiit to 
 
 ' , , ° , assign, 
 
 principal sum of £1000 now remains owing on the said bond 
 
 together with the sum of £ , for arrears of interest thereon, 
 
 and that the said A. B. now hath good right to assign the said 
 bond debt and premises in manner aforesaid : And that he """^ '"'' 
 and all persons claiming under him will, upon the request and 
 at the cost of the said C. D., his executors, administrators, or 
 assigns, do and execute, or cause to be done and executed, all 
 such acts, deeds, and things, for better and more effectually 
 assuring the said bond debt and premises unto the said C. D., 
 his executors, administrators, and assigns, in manner aforesaid, 
 as shall or may be reasonably required. 
 In witness, &c. 
 
 further 
 assurance. 
 
 OF JUDG- 
 MENT DEBT. 
 
 Parties. 
 
 No. ex. 
 
 ASSIGNMENT of a Judgment Debt. Asam™EHT 
 
 THIS INDENTURE, made, &c., Between A. B. of, &c, 
 (vendor), of the one part, and C. D. of, &c. (purchaser), of the 
 
 other part : Wheeeas the said A. B. on the day of Herfte^j^^ 
 
 , obtained a judgment in the High Court of Justice 
 
 (Queen's Bench Division), against E. F. of, &c., for the sum of 
 
 £ , and costs of suit : And whereas the said sum of £ ^S*o1^!^ 
 
 and costs of suit still remain due on the security of the said 
 iude-ment : And whereas the said A. B. bath agreed with the Agreement 
 
 Jo ° for sale of 
 
 said C. D. for the sale to him of the said judgment debt at debt. 
 
 the price of £ : NOW THIS INDENTURE WIT- ~^">s 
 
 NESSETH, that in pursuance of the said agi-eement, and in consiciera- 
 ccnsileration, &c. (the receipt, dc), he the said A. B. doth 
 
 Digitized by Microsoft® 
 
416 
 
 PURCHASE DEEDS. 
 
 ASBiaNMENT 
 
 OP JUDG- 
 MENT DEBT. 
 
 Assignment 
 of debt, &c., 
 
 and full 
 benefit of 
 judgment 
 to pur- 
 chaser. 
 
 hereby assign unto the said C. D., his executors, administra- 
 tors, and assigns, ALL THAT the said sum of f , and also 
 
 the said costs of suit secured by the said recited judgment, and 
 all interest now due and hereafter to become due for the 
 same : And also the said judgment, and the full benefit and 
 advantage thereof, and of all other securities for the same sum, 
 costs, and interest : To HOLD the same unto the said C. D., 
 his executors, administrators, and assigns, absolutely. {Cove- 
 nants for title by A. B. with C. B., as in the Precedent 
 No. CIX.) 
 
 In witness, &c. 
 
 No. CXI. 
 
 asbiqmment 
 
 OF. LETTERS 
 PATENT. 
 
 Eecite grant 
 of letters 
 patent. 
 
 Enrolment 
 of descrip- 
 tion of 
 inventioii. 
 
 Agreement 
 for sale of 
 invention 
 aiid letters 
 patent. 
 
 ASSIGNMENT of Letters Patent. 
 
 THIS INDENTURE, made, &c.. Between A. B. of, &c. 
 (vendor), of the one part, and C. D. of, &c. (purchaser), of 
 the other part ; Where AS, by letters patent under the great 
 seal of the United Kingdom of Great Britain and Ireland, dated 
 
 the — — day of , in the year of the reign of Her 
 
 Majesty Queen Victoria, and duly filed in her Majesty's Court of 
 Chancery, Her said Majesty granted unto the said A. B. the 
 exclusive privilege of using, exei'cising, and vending a certain 
 invention for the manufacture of (here describe the invention), 
 
 for the term of years : And whereas in pursuance of a 
 
 condition in the said letters patent contained, the said A. B. 
 did, within the space of six calendar months after the date of 
 the said letters patent, cause to be enrolled in Her Majesty's 
 Court of Chancery in England, a particular description of the 
 ■ nature of the said invention by ap instrument in writing 
 under his hand and seal : And whereas the said A, B. hath 
 agreed with the said C. D. for the sale to him of the said in- 
 vention and letters patent, and also the full benefit and ad- 
 vantage thereof, and also of all letters patent to be hereafter 
 obtained on account of the said invention, at the price of 
 
 £ : NOW THIS INDENTURE WITNESSETH, that in 
 
 pursuance of the said agreement, and in consideration, &c, (the 
 receipt, dc), he the said A. B. doth hereby grant, assign, and 
 
 Digitized by Microsoft® 
 
PURCHASE DEEDS. 41 7 
 
 confirm unto the said C. D., his executors, administrators, and assi"™ent 
 
 ' ' * OF LETTERS 
 
 assigns, All that and those the said recited invention and ^"^''- 
 letters patent, and also all and singular the benefits, privi- ?™°\i°'„ 
 leges, and advantages of, arising out of, or to be derived from ""^jf ""'^ 
 the said invention and letters patent, and also all and sin- 
 gular other the letters patent to be hereafter obtained on 
 account -thereof : And all the right, title, interest, claim, 
 and demand of the said A. B., to, in, or upon the said pre- 
 mises : To HAVE, hold, receive, and take the premises 
 hereby granted and assigned, or expressed so to be, unto the 
 said C. D., his executors, administrators, and assigns abso- to purchaser 
 lutely, for all the remainder now to come and unexpired of the " ^° "" ^' 
 said term granted by the said letters patent, and _ of every 
 other term and interest to be hereafter granted therein : And covenant 
 the said a. B. doth hereby for himself, his heirs, executors, 
 and administrators, covenant with the said C. D., his executors, 
 administrators, and assigns. That notwithstanding anjrthing by that the 
 him the said A. B. done or knowingly suffered to the con- patent are 
 trary, the said letters patent are valid and effectual in the law ^°° ' 
 for the -purposes therein expressed: And that the said A. B. and for 
 now hath good right to grant and assign the said invention, assign, 
 letters patent, and premises unto the said C. D., his executors, 
 administi'ators, and assigns, and that the same shall henceforth 
 be used, exercised, and enjoyed by him and them, without any 
 interruption, claim or demand by or from the said A. B., or 
 any person or persons lawfully or equitably claiming under 
 him : And also that he the said A. B., his executors and ad- and for 
 
 . . 1 n 1 1 ■ ■ ■ 1 , • further 
 
 ministrators, and all other persons claiming any right or m- assurance, 
 terest to or in the said invention, letters patent, or premises 
 from or under the said A. B., shall and will at all times here- 
 after, at the request and cost of the said C. D., his executors, 
 administrators, or assigns, do, execute, and perfect, or cause to 
 be done, executed, and perfected, all such acts, assurances, 
 matters, and things for further and more effectually assuring 
 the said invention, letters patent, and premises hereby granted 
 and assigned, or expressed so to be, to and for the benefit of the 
 said C. D., his executors, administrators, and assigns, and for 
 enabling him and them, in the event of any infringement of the 
 said invention, to commence, carry on, and pi-osecute all neces- 
 sary and proper actions and proceedings on account thereof, as 
 shall or may be reasonably required. 
 In witness, &c. 
 
 Digitized by Microsoft® 
 
418 PURCHASE DEEDS. 
 
 ASSEGNMENT 
 
 OP 
 GOODWILL. 
 
 No. CXII. 
 
 ASSIGNMENT of the Goodwill and Pbopertt of a 
 Business. 
 
 THIS INDENTURE, made, &c., ' Between A. B., of, &c. 
 
 (vendor), of the one part, and C. D. of, &c. (purchaser), of thei 
 vendOT*ha*s '^^^^^ part: Whereas the said A. B. hath for some years past 
 
 burfness up carried on the trade or business of , at No. , and the 
 
 tiiM^'™* same trade or business is at the present time being carried 
 Agreement on by him at' the same place ; And whereas the said A. B. 
 
 for shXq of 
 
 goodwiu, hath agreed with the said C. D. for the sale to him of all his 
 interest and goodwill in the said trade or business, and of the 
 debts, stock in trade, and effects intended to be hereby as- 
 signed, at the price of £ , and upon the terms hereinafter 
 
 contained : And whereas the said A. B. has delivered to the 
 said C. D. the books of account and other books relating to the 
 said business, and in the said books are set forth the amounts 
 and particulars of the debts respectively due and owing to and 
 from the said A. B., and also the particulars of the contracts and 
 engagements to which he is liable in respect of the said trade 
 or business: NOW THIS INDENTURE WITNESSETH, 
 that in pursuance of the said agreement, and in consideration 
 
 of the sum of £ , to the said A. B. paid by the said G. D. 
 
 on or before the execution of these presents (the receipt, 
 dc), and also in consideration of the covenants hereinafter 
 contained on the part of the said C. D., he the said A. B. 
 
 Assignment doth hereby assign unto the said C. D., his executors, ad- 
 
 of goodwill, . . . , ■> ^ . 
 
 mmistrators, and assigns, All the beneficial interest and 
 
 goodwill of the said A. B. in the said trade or business of 
 
 book and , SO Carried on by him as aforesaid, and also all the book 
 
 otlier debts i,iii. i i 
 
 due to the and Other debts now due and owing to him on account of 
 the said trade or business, and all securities for the same, 
 
 and and also all contracts and engagements, benefits, and advan- 
 
 tages which have been entered into with the said A. B., or 
 to which he is or can be entitled on account or in respect 
 
 and stock of the Said trade or business, and also all the stock in trade 
 
 &o.™ "' goods, fixtures, articles, and things which at the date of these 
 presents belong to the said A. B. on account of the said 
 
 Digitized by Microsoft® 
 
PURCHASE DEEDS. 419 
 
 trade or business, or are in anywise used in the same ; And ^ssiosment 
 ALL THE RIGHT, title and interest of the said A. B., to and in ° °°o^"-'- 
 the said premises : To have, hold, receive, and take the to purchaser 
 premises hereby assigned, or expressed so to be, unto the said ^ ^°^ ^' 
 C. D., his executors, administrators, and assigns absolutely : 
 And the said A. B. doth hereby for himself, his heirs, exe- covenants 
 
 by ^x■udu^, 
 
 cutors, and administrators, covenant with the said C. D., his 
 executors, administrators, and assigns. That the said A. B. thathswiu 
 
 , not carry 
 
 will not at anv time hereafter, either bv himself, or in con- on business 
 
 •^ ' *» ' witlim a 
 
 nection with any other person or persons, carry on the said spef'fle<i 
 
 J ir tr ' J distance ; 
 
 trade or business of within miles of , and that 
 
 the amount and particulars of the debts respectively due and 
 owing to and from the said A. B. on account of the said trade 
 or business, and the particulars of the contracts and engage- 
 ments to which he is liable in respect of the said trade or busi- *•»»* tool's 
 ness, are correctly stated and set forth m the books of account 
 and other books so as aforesaid delivered by the said A. B. to ana that 
 
 "^ vendor will 
 
 the said C. D., and that he the said A. B., his heirs, executors, f^JeeJ;™"^ 
 
 or administrators, will pay all the sums (if any) which may *pp™°™* 
 
 now be due and owing from the said trade or business in excess l^^^. ""* 
 
 of the amount which, by the said books appear to be so due 
 
 and owing : And that he the said A. B. now hath good right for right to 
 
 to assign the premises hereby assigned, or expressed so to be 
 
 unto the said C D., his executors, administrators, and assigns, 
 
 and will not at any time or times hereafter, do, or execute, or and that he 
 
 ^1 1-11 will not 
 
 knowingly or willingly sufter any act, deed or thing, whereby revoke 
 the said C. D., his executors, administrators, or assigns, may be 
 prevented from having and receiving the said premises, or any 
 of them, or any part thereof, to and for his and their own use 
 and benefit, or by means whereof the said C. D. shall be in- 
 lured in the said trade or business : And further, that the and for 
 
 I -, . . -n n fnrther 
 
 said A. B., and his executors and administrators, will at all assurance ; 
 times hereafter, upon the request, &c. (Covenant for fwrther 
 assurance) : And ALSO that the said A. B. will, from time to *>?* ti""* he 
 
 / Will use nis 
 
 time, and at all times hereafter, use his best endeavours to pro- fXen^e 
 mote the said trade or business, and to give to the said C. D. covenant by 
 the full advantage of the connection and custom of him the iSmni?^ 
 said A. B. in the said trade or business : AND THIS INDEN- SL" 
 TURE ALSO "WITNESSETH, that in pursuance of the said from the 
 agreement in this behalf, and in consideration of the premises, and from 
 he the said C. D. doth hereby for himself, his heirs, executors, and engage- 
 
 , , , ments. 
 
 administrators and assigns, covenant with the said A. B., his 
 
 £ E 2 
 
 Digitized by Microsoft® 
 
420 PUECHASE DEEDS. 
 
 ASSIQNMENT 
 
 heirs, executors,, and administrators, That he the said C. D., 
 his heirs, executors, and administrators will, from time to time, 
 and at all times hereafter, save harmless and keep indemnified 
 the said A. B., his heirs, executors, and administrators, and his 
 and their estates and effects, from and against the several sums 
 of money which by the said books appear to be due and owing 
 from the said A. B. in respect of the said trade or business, and 
 also from and against the contracts and engagements to which 
 by the said books, the said A. B. appears to be now liable, and 
 also all interest, costs, expenses, losses, claims, and demands 
 on account of the same debts, contracts, and engagements, 
 respectively. 
 In witness, &c. 
 
 No. CXIII. 
 
 POLICY OF 
 AaSU RANGE. 
 
 ASSIGNMENT of a Policy of Life Assurance to a 
 Purchaser (a). 
 
 Parties. THIS INDENTURE, made the day of , Between 
 
 A. B. of, &c. {vendor), of the one part, and C. D. of, &c. {pur- 
 
 ^Tic^of '^^*^«^)> "f the other part : Whereas by a policy of assurance, 
 
 assurance, dated the — — day of , and under the hands and seals of 
 
 three of the directors of the — - Assurance Society, the sum 
 of £1000 was assured to be paid to. the executors, administra- 
 tors, or assigns of the said A. B., within three calendar months 
 after his decease, subject to the annu5,l premium of £ : 
 
 Agreement And WHEREAS the Said A. B. hath a.groed with the, said C. D. 
 for the absolute sale to him of the said policy of assurance, and 
 the moneys and advantages thereby assured, free from incum- 
 
 Assigneeof (fls) By the 30 & 31 Viot. c. 144, persons or corporations entitled or 
 
 may^M L 'becoming entitled by assignment or other derivative title, to a poUey of life 
 
 his own assurance, are empowered to sue at law in the name of such persons or cor- 
 
 name. porations to recover the policy moneys. The 3rd section provides that no 
 
 assignment made after the passing of the Act shall confer on the assignee 
 
 any right to sue for the policy moneys until a written notice of the date and 
 
 purport of the assignment is given to the Assurance Company, at their 
 
 prmcipal place of busmess ; and that the date on which such notice shall 
 
 be received shall regulate the priority of aU claims under any assignment 
 
 The 6th section prescribes the manner in which -notices of assicmnient are 
 
 to be acknowledged by the Assurance Company. See 31 Vict." c. 4 as to 
 
 Marine Assurances. ' " ' 
 
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PURCHASE DEEDS. 421 
 
 brances, at the price of £ : NOW THIS INDENTURE XJ^scL 
 
 WITNESSETH, that, in pursuance of the said agreement, ^j^~ " 
 
 and in consideration of the sum of £ , &c. (the receipt, (fee), p""*- 
 
 he the said A. B. doth hereby assign unto the said C. D., his tion. 
 executors, administrators, and assigns : All that the herein- ^y yST' 
 
 before recited policy of assurance, and the said sum of £ and pi-^ 
 
 thereby assured, and all other moneys, benefits, and advantages "''°^' 
 to be had, recovered, or obtained under or by virtue of the said 
 policy ; To hold the same unto the said C. D., his executors, t" ^ou to 
 
 , ^ . purchaser 
 
 administrators, and assigns absolutely : And the said A. B. absolutely. 
 
 doth hereby for himself, his heirs, executors, and administra- by renuor, 
 
 tors, covenant with the said C. D., his executors, administrators, 
 
 and assigns, That notwithstanding any thing by the said A. B. ^^^ff^ („ 
 
 done, or knowingly suffered to the contrary, the said policy of '"" '°™ ' 
 
 assurance is in full force and virtue : And that, notwith- that he has 
 
 standing any such thing as aforesaid, he the said A. B. now assign; 
 
 hath good right to assign the said policy of assurance, moneys, 
 
 and premises unto the said C. D., his executors, administrators, 
 
 and assigns, in manner aforesaid : And also that he the said jnd that 
 
 o > _ he will not 
 
 A. B. will not at any time or times hereafter, do or suffer any ^'■'j^'*. 
 act or thing (except as respects the future premiums to become 
 due in respect of the said policy of assurance which are to be 
 paid by the said C. D.) whereby the said policy of assurance 
 shall become void or voidable, or whereby the said C. D., his 
 executors, administrators, or assigns may be in any wise pre- 
 vented from receiving the moneys thereby assured, or any part 
 thereof, to and for his and their own use and benefit : And j"* '""■ 
 
 ' ^ ^ tiirtner 
 
 FURTHER THAT he the said A B., his executors or administra- assurance. 
 tors, will at all times hereafter, upon the request, and at the 
 cost of the said 0. D:, his executors, administrators, or assigns, 
 do and execute or cause to be done and executed, all such acts, 
 deeds, and things, for better and more effectually assuring the 
 said policy of assurance, moneys, and premises unto the said 
 C. D., his executors, administrators, and assigns, and also for 
 enabling him and them to receive, recover, and enforce the 
 payment of the same respectively as shall or may be reasonably 
 required. 
 In witness, &c. 
 
 Digitized by Microsoft® 
 
422 
 
 PUECHASB DEEDS. 
 
 No. CXIV. 
 
 ADVOWSON. 
 
 GRANT of an Advowson (a). 
 Parties. THIS INDENTURE, made the day of 
 
 Between 
 
 A. B. of, &c. {vendor), of the one part, and 0. D. of, &c. {pwr- 
 
 Grant of 
 next pre- 
 sentation. 
 
 Purchaser 
 
 Sale of 
 advowson 
 where in- 
 cumbent is 
 in extremis. 
 
 (a) A vendor has no power to grant the next presentation during a 
 vacancy (Baker v. Rogers, Ore. Bliz. 788), so that if a conveyance is executed 
 of an advowson in fee during a vacancy, the immediately pending right of 
 presentation would not pass to the purchaser. (Grey v. Hesketh, Ambler, 
 268 ; Greenwood v. Bishop of London, 5 Taunt. 727.) 
 
 The owner of an advowson (including the purchaser of an estate for life in 
 
 of advowson ^^ advowson), being a clerk, may, on a vacancy, offer himself to the bishop, 
 
 '" ^'' and the bishop cannot refuse him on that ground ; but the grantee of the 
 
 next presentation is precluded from so doing by 12 Anne, St. 2, c. 12 ; 
 
 Walsh V. Bp. of Lincoln, L. E. 10 C. P. 518. 
 
 The sale of an advowson or of a next presentation, the incumbent being 
 m extremis at the time, is not invalid on that account. (Fox v. Bishop oi 
 Chester, 6 Bing! 1.) In Fox ■». Bishop of Chester it was expressly found 
 by the jury that the purchase was made without the privity of the clerk, 
 who was afterwards presented, and without any intention to present 
 him. It must not, however, be assumed from this, that the privity of the 
 clerk or the intention to present him vitiates a purchase where the in- 
 cumbent is in extremis, and not in other cases. When the clerk is privy 
 to the contract in this sense, that it is part of the arrangement that he shall 
 be presented, the transaction is simoniacal and void, whether the incum- 
 bent is in extremis or not. On the other hand, the mere intention on the 
 part of a purchaser to present a particular person, provided that he is under 
 no obligation to do so, does not, it is conceived, vitiate the purchase in either 
 case. 
 
 If an advowson is vested in a trustee or mortgagee, the cestui que trust or 
 mortgagor is entitled to nominate, and may compel the trustee or mortgagee 
 to present his nominee. (Hill, p. 446 ; Coote, 202.) 
 
 If the owner in fee of an advowson dies during a vacancy, the next pre- 
 sentation goes to his personal representatives. (Mirehouse v. Rennell, 8 
 dying toing -^^"S- 490.) If the owner in fee is also incumbent, the advowson, on liis 
 vacancy. death, descends to his heir. (Tud. R. P. 214.) 
 
 BankruiDt. Where the owner or cestui que trust of an advowson is a bankrupt, the 
 right of nomination may be exercised by him in respect of any vacancy 
 occurring before the sale of the advowson or next presentation (Hill, 449) ; 
 and in the absence of a settlement, a husband during the coverture has the 
 right of nomination in respect of an advowson vested iiL his wife, and 
 after her death, in cage there were issue of the marriage and the husband 
 survives, he will be entitled to present as tenant by the curtesy. . (HUl, 
 450 ; 3 Cru. Dig. 14 ; Tud. E. P. 214.) If a widow is entitled to dower in 
 respect of an advowson, the heir, has the first two presentations and the 
 widow the third. 
 
 If a right of presentation is vested in joint-tenants or tenants in common 
 
 tenants and they mu.st concur in the presentation, in order to make it binding on the 
 tenants m Qr^inai.y_ jf tj^y present severally, the ordinary may admit either of the 
 presentees or refuse all, and if no joint presentation is made within the six 
 months he can present by lapse. (Co. Lit. 186 a.) 
 
 In the case ot coparceners, the eldest may present on the first turn, and 
 this right passes to her issue or to her assign. (Co. Lit. 186 a.) 
 
 Power of 
 norainatiou 
 when ad- 
 vowson is 
 vested in 
 trustee, &c. 
 
 Owner in fee 
 
 Right of 
 husband as 
 tenant by 
 curtesy. 
 
 Eight of 
 widow. 
 
 Joint 
 
 tenants in 
 common. 
 
 Copar- 
 ceners, 
 
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PUECHASE DEEDS. 423 
 
 chaser), of the other part : Wherkas the said A. B. hath ■""^°''-^°''- 
 agreed with the said C. D. for the absolute sale to him of the Agreement , 
 
 J -111 for sale. 
 
 advowson intended to be hereby granted, and the inheritance 
 
 thereof in fee simple, at the price of £ : NOW THIS IN- witnessing 
 
 DENTURE WITNESSETH, that in pursuance of the said''*'^ 
 
 agreement, and in consideration, &c. (the receipt whereof, dc.), 
 
 he the said A. B. doth hereby gi-ant unto the said C. D., his vendor 
 
 , . , . , 1 , grants 
 
 heirs and assigns, All that the advowson and perpetual advowson to 
 
 ... ■/>! x-r purchaser. 
 
 right 01 presentation ot and to the rectory or parish church 
 of , in the county of : Together with the appur- 
 tenances thereto {and all the estate, &c.) : To have and to 
 HOLD the advowson and premises hereby granted, or ex- 
 pressed so to be, unto and to the use of the said C. D., his 
 heirs and assigns, for ever : And the said A. B. doth hereby covenanu 
 for himself, his heirs, executors, and administrators, covenant ''™" °'' 
 with the said C. D., his heirs and assigns : That notwith- 
 standing any act, deed, or thing by the said A. B. done, or 
 executed, or knowingly suffered to the contrary, he the said 
 A. B. now hath good right to grant the advowson and pre- for right 
 mises hereby granted, or expressed so to be, unto the said ^™'' ' 
 C. D., his heirs and assigns, in manner aforesaid: And that for quiet 
 the said C. D., his heirs and assigns, shall and may, at all times 
 hereafter, peaceably and quietly have, hold, and enjoy the said 
 advowson and premises without any lawful interruption, claim, 
 or demand whatsoever from or by the said A. B., or any person 
 or persons lawfully or equitably claiming from, under, or in 
 trust for him : And that free from all incumbrances whatso- free from 
 ever, made, occasioned, or suffered by the said A. B., or by fauces ; 
 any person or persons lawfully or equitably claiming as afore- 
 
 Where an advowson is vested in trustees in trust for tenants in common Tenants in 
 and the beneficiaries cannot agree us to the nomination, the Court will ™iJ'eJJ'*h,.v 
 direct them to draw lots. (Johnstone v. Baker, 6 De G. M. & G. 439.) And cannot 
 it is conceived that the same course would be adopted in the case of joint- agree, 
 tenants. In the case of coparceners, equity would follow the law and allow 
 the eldest to nominate. 
 
 An infant, and not his guardian, is entitled to present to a church. (Heale infant. 
 V. Greenbardc, 3 Atk. 710.) 
 
 If the right of nomination is vested in trustees, they cannot vote by Trustees. 
 proxy ; and unless they have been incorporated by charter, they must all 
 join in the presentation, if there is no clause authorising a majority to bind 
 the rest. (Hill, 451.) 
 
 Where an advowson is vested in the parishioners or inhabitants of a place, Parishion- 
 or in trustees for them, the majority of the parishioners or inhabitants may ^^' '"^^ 
 appoint. (Fearon v. Webb, 14 Ves. 13.) 
 
 As to engagements to resign benefices in favour of other persons, see Resignation 
 9 Geo. 4, c. 94, ss. 1, 2, 3, 4, 5, 6. »f benefices. 
 
 Digitized by Microsoft® 
 
424 
 
 PURCHASE DEEDS. 
 
 and for 
 further 
 assurance. 
 
 . said : And further that he the said A. B., and all persons 
 having, or lawfully or equitably claiming any estate or interest 
 in the said advowson and premises, from, under, or in trust for 
 him, shall and will, from time to time, and at all times here- 
 after, upon the request and at the cost of the said C. D.^ his 
 heirs or assigns, do and execute, or cause to be done and exe- 
 cuted, all such acts, deeds, and things for further and more 
 perfectly assuring the said advowson and premises unto and to 
 the use of the said" C D., his heirs and assigns, in manner 
 aforesaid, as shall or may be reasonably required. 
 In witness, &c. 
 
 No. CXV. 
 
 NEXT PRE- 
 SENTATION. 
 
 Parties. 
 
 Agreement 
 for sale of 
 next pre- 
 sentation. 
 
 Considera- 
 tion. 
 
 Vendor 
 grants 
 
 next pre- 
 sentation 
 
 to pur- 
 chaser. 
 
 Covennnt 
 by vendor, 
 
 GRANT of the next Presentation to a Rectory. 
 
 THIS INDENTURE, made the day of , Between 
 
 A. B., of, &c. (vendor), of the one part, and C. D., of, &c. (pu/r- 
 chaser), of the other part : Whereas the said A. B. hath 
 agreed with the said C. D. for the sale to him of the next 
 presentation, intended to be hereby granted at the price of 
 
 £ : And whereas, in order to save expense, it was agreed 
 
 upon the treaty for the said purchase that the said C. D. 
 should accept the title of the said A. B. without investigation, 
 and that in consideration thereof the said A. B. should enter 
 into absolute covenants for title : NOW THIS INDENTURE 
 WITNESSETH, that in pursuance of the said agreement, and 
 in consideration, &c. (the receipt whereof, do.) : The said A. B. 
 doth hereby grant unto the said C. D., his executors, adminis- 
 trators and assigns, The next presentation of and to the 
 
 rectory or parish church of — ^ — , in the county of , when 
 
 the same shall become void by the death, resignation, or depri- 
 vation of , the present incumbent thereof, or otherwise 
 
 howsoever : To hold the same unto the said C. D., his execu- 
 tors, administrators, and assigns, to and for his and their use 
 and benefit : And the SAID A. B. doth hereby for himself, his 
 heirs, executors, and administratorsi, covenant with the said 
 C. D., his executors, administrators, and assigns, that he the 
 said A. B. now hath good right to grant the said next presen- 
 
 Digitized by Microsoft® 
 
PURCHASE DEEDS. 425 
 
 NEXT PRE- 
 SENTATION. 
 
 tation unto the said C. D., his executors, administrators, and 
 assigns, in manner aforesaid, and that the said C. D., his execu- 
 tors, administrators, or assigns, shall and may, immediately after 
 the said rectory or church shall next become vacant by the 
 
 death, resignation, or deprivation of the said , or other- chas^'may 
 
 wise, lawfully present thereto any person duly qualified ac- ^S'cy"'' 
 cording to law, and that the person so to be presented by the 
 said C. D., his executors, administrators, or assigns, shall and 
 may peaceably and quietly hold and enjoy the said rectory and 
 church, and all the benefits and profits thereof, without any for quiot 
 
 ■*■ •* enjoyment ; 
 
 lawful interruption, claim, or demand whatsoever from or by the 
 said A. B., his heirs or assigns, or any other person or persons 
 lawfully or equitably claiming any estate or interest in the ad- 
 vowson of or to the said rectory or church : And ALSO that he 
 the said A. B., and all other persons lawfully or equitably 
 claiming as aforesaid, shall and will, from time to time, at the 
 request and cost of the said C. D., his executors, administrators, 
 or assigns, do and execute, or cause to be done and executed, 
 all such acts, deeds, and things for further and more perfectly 
 assuring the said next presentation unto the said C. D., his 
 executors, administrators, and assigns, in manner aforesaid, as 
 shall or may be reasonably required. 
 In witness, &c. 
 
 and for 
 further 
 assurance. 
 
 ADV0W80N 
 AND AN- 
 NUITY UNTIL 
 VACANCY. 
 
 Forties. 
 
 No. CXVI. 
 
 GRANT of an Advowson and an Annuity until the oract ov 
 Benefice becomes Vacant (a). 
 
 THIS INDENTURE, made the day of . , Between 
 
 A. B. of, &c. (vendor), of the one part, and C. D. of, &c. (pur- 
 chaser), of the other part : Whereas the said A. B. has Recite 
 agreed with the said C. D. for the sale to him of the advowson teS!° 
 
 of the rectory or parish church of , intended to be hereby 
 
 granted, and of an annuity of £80 to be paid to the said C D., 
 his executors, administrators, or assigns, until the benefice shall 
 become vacant, and to be secured by the bond of the said A. B., 
 
 (a) See suprd, p. 103, note. 
 
 Digitized by Microsoft® 
 
426 
 
 PURCHASE DEEDS. 
 
 GRANT OF 
 ADVOWSON 
 AND AN- 
 NUITY UNTIL 
 VACANCY. 
 
 Bond of 
 
 vendor to 
 
 purchaser 
 
 to secure 
 
 annuity 
 
 until 
 
 benefice 
 
 becomes 
 
 vacant. 
 
 at the price of £2000 : And whereas in part pursuance of the 
 said agreement, the said A. B. has given and executed to the 
 . said C D. his bond bearing even date with these presents, in 
 the penal sum of £2000, -subject to a condition thereunder 
 written for making void the same, if the said A. B., his heirs, 
 executors, or administrators shall pay to the said C. D., his exe- 
 cutors, administrators, and assigns, the annual sum of £80 until 
 the said benefice shall become vacant, by equal half-yearly pay- 
 ments, on the day of and the day of in 
 
 every year, the first of such payments to be made on the 
 
 day of next : NOW THIS INDENTURE WITNESSETH, 
 
 that in further pursuance of the said agreement, and in con- 
 sideration, &c. (Grant of advowson to C. D., and covenants for 
 title as in Precedent No. GXIV., suprd, p. 422.) 
 In witness, &c. 
 
 No. CXVII. 
 
 MEHOKR OF 
 
 RENT- 
 
 CHAKGE. 
 
 Parties. 
 
 Recite 
 award. 
 
 Merger of 
 tithe rent- 
 charges. 
 
 MERGER of Rent-Charges in lieu of Tithes {a). 
 
 . TO ALL TO WHOM THESE PRESENTS SHALL COME 
 We, a. B. of, &c., and C D. of, &c. {proprietors of lands), send 
 greeting : Whereas, by an award made in pursuance of the 
 Act for the Commutation of Tithes in England and Wales, and 
 
 (a) Under the 6 & 7 Wm. 4, o. 71, and the 1 & 2 Vict. c. 64, ss. 1 and 3, 
 a tenant in fee or in tail in possession of tithes, or commutation rent-charge 
 in lieu of tithes, or any person having power to acquire a fee simple therein, 
 or the tenant for life in possession of both lands and tithes, can, by deed to 
 bo approved by the commissioners and confirmed under their seal, merge 
 the tithes, or commutation rent-charge, in the land out of or in respect of 
 which they issue. 
 
 By the 1st section of 2 & 3 Vict. c. 62, all charges on tithes which are 
 merged imder the Acts, are to have priority over any charges on the lands 
 at the time of the merger. 
 
 The 6th section of 2 & 3 Vict. c. 62 authorises the merger of the tithes of 
 glebe land, where the glebe and the tithes belong to the same person in 
 virtue of his benefice ; and under the 19th section of 9 & 10 Vict. c. 73 all 
 powers relating to the merger of tithes or rent-charge instead thereof may 
 be executed by any person entitled in equity to the same, but so that all the 
 charges on the tithes shaU be prior and primary charges on the lands and 
 the owners thereof for the time being. 
 
 To remove all doubts on the subject, it is enacted by the 1 & 2 Vict. c. 64 
 8. 4, that the provisions of the Acts in relation to merger, shall extend to 
 copyholds. 
 
 Digitized by Microsoft® 
 
PURCHASE DEEDS. 427 
 
 MERGER OF 
 
 REST- 
 
 CHABOE. 
 
 duly confirmed on the day of , the tithes of the parish 
 
 of L., in the county of , were commuted, and a rent-charge 
 
 of the annual sum of £5 was awarded to be paid to , of the 
 
 parish of , in the said county of , yeoman, his heirs or 
 
 assigns, or to the persons entitled in remainder or reversion 
 after him, instead of the impropriate tithes arising from certain 
 lands of the said parish of L., of the estimated quantity, in 
 statute measure, of loA. 1e. 16p. : And whereas, by the instru- 
 ment of apportionment of the rent-charge awarded to be paid 
 in lieu of the tithes of the said parish of L., and also duly con- 
 firmed on the day of , the said rent-charge of £5 has 
 
 been charged upon the lands particularly described in the said 
 apportionment, and on the plan thereto annexed numbered re- 
 spectively 1481, 1487, 1486, 1555, 1558, 1559, and 1570 : And seisin of 
 WHEKEAS the said A. B. is seised for an estate in possession in tiie different 
 
 r • 1 n 1 /• 1 -1 1 p proprietors. 
 
 tee Simple of so mach of the said rent-charge of £5 as was 
 awarded in lieu of the tithes arising from the said lands numbered 
 1481, 1487, and 1486 respectively, and is seised in fee according 
 
 to the custom of the manor of L., in the county of , of the 
 
 same lands : And whereas the said C. D is seised for an estate 
 in possession in fee simple of the said lands numbered 1555, 
 1558, 1559, and 1570 respectively, and is also seised for an 
 estate in fee simple in possession of so much of the said rent- 
 charge of £5 as was awarded in lieu of the tithes arising from 
 the last-mentioned lands: NOW THEREFORE we the saidMei^rby 
 
 *-r»i/-«-r-v !■ ••! 1 ' proprietors 
 
 A. B. and C. D,, according to our respective rights and interests of rent- 
 therein, do hereby respectively declare it to be our will and ' 
 intent that the said rent-charge of £5 shall henceforth be 
 absolutely merged and extinguished in the freehold and inherit- 
 ance of the lands in respect of which the said rent-charge was 
 heretofore payable, and upon which it has been charged as afore- 
 said in and by the said instrument of apportionment. In 
 testimony whereof we have-hereunto subscribed our names and 
 affixed our seals, this day of , . 
 
 Digitized by Microsoft® 
 
428 PURCHASE DEEDS. 
 
 SHAEF. IN 
 RESIDUARY 
 
 No. CXVIII. 
 
 ASSIGNMENT of a Share in Residuary Personal 
 
 soMLTO. Estate derived under a Will. 
 
 to vendor 
 and another 
 
 Parties. THIS INDENTURE, made the day of , Between 
 
 A. B., of, &c. (vendor), of the one part, and C. D., of, &c., and 
 
 ^*^^°f E. F. of, &c. (pwchasers), of the other part : Whereas G. H., 
 
 SLt™'^ late of, &c., by his last will in writing, dated the day 
 
 of , after making divers devises and bequests therein con- 
 tained, devised and bequeathed all the residue of his real and 
 personal estate, subject to and charged with the payment of his 
 just debts, funeral and testamentary expenses, and the several 
 legacies thereinbefore bequeathed, or to be bequeathed by any 
 
 equally. codicil or codicils to his said will, unto his nephew and the 
 said A. B., their heirs, executors, and administrators, according 
 to the nature and quality of such property respectively, to 
 
 Testator's be equally divided between them as tenants in common 
 
 death, and ^ ** 
 
 probate of (Recite death ■ of testator and probate of his will) : And 
 Agreement WHEREAS the Said C. D. and E. F. have agreed with the said 
 of vendor?^ A. B. for the absolutc purchase of the one moiety or share, to 
 " ' ' which by virtue of the said recited will the said A. B. is entitled, 
 of and in the residuary personal estate and effects of the said 
 testator deceased at the price of £ : NOW THIS IN- 
 DENTURE WITNESSETH, that in pursuance of the said 
 
 oonsiderar agreement, and in consideration of the sum of £ to the said 
 
 A. B. paid by the said C. D. and E. F. in equal shares on or 
 Ld'^ns. before the execution of these presents (the receipt whereof, dc), 
 he the said A. B. doth hereby assign unto the said 0. D. and 
 Sf^rSidu/ry ^- ^v ^^^^^ cxccutors, administrators, and assigns. All THAT the 
 one moiety or equal half part or share, and all other the part, 
 share, and interest (if any) to which he the said A. B. is or can. 
 be entitled under or by virtue of the said recited will of the 
 said G. H., deceased, of and in the residuary personal estate 
 and effects of the said testator, and of and in the stocks, funds, 
 and securities of which the same may consist, or by which the 
 
 Digitized by Microsoft® 
 
 estate 
 
PUKCHASE DEEDS. 429 
 
 SHARE TN 
 RESIDUARY 
 PER- 
 SONALTY. 
 
 same respectively may be represented, and of and in all the 
 interest, dividends, and annual produce thereof : And all the 
 right, title, interest, benefit, claim, and demand whatsoever of 
 him the said A. B., to, in, or out of the said premises and every 
 part thereof: To have, hold, receive, and take the moiety 
 and premises hereby assigned, or expressed so to be, unto the 
 said C. D. and E. F., their executors, administrators, and assigns to pur- ' 
 to and for their own proper use and benefit absolutely, as 
 tenants in common and not as ioint tenants : And the said covenant 
 
 ^ ty vendor, 
 
 A. B. doth hereby, for himself, his heirs, executors, and adminis- 
 trators, covenant with the said 0. D. and E. F., their executors, 
 administrators, and assigns, That notwithstanding any thing by for titio ; 
 him the said A. B. at any time done, or knowingly suffered, he 
 the said A. B. now hath in himself good right to assign the for right to 
 moiety and premises hereby assigned, or expressed so to be, 
 unto the said 0. D. and E. F., their executors, administrators, 
 and assigns, in manner aforesaid, free from incumbrances : And ™"<"' 
 that he the said A. B., his executors or administrators, will assurance. 
 from time to time and at all times hereafter, at the request and 
 cost of the said C. D. and E. F., their executors, administrators, 
 and assigns, do and execute, or cause to be done and executed, 
 all such acts, deeds, and things, for better and more absolutely 
 assuring the said moiety and premises unto the said C. D. and 
 E. F., their executors, administrators, and assigns, in manner 
 aforesaid, and for enabling them to receive the same, as shall be 
 reasonably required. 
 In witness, &c. 
 
 No. CXIX. 
 
 LIFE 
 
 INTEREST IN 
 STOCK. 
 
 ASSIGNMENT of a Life Interest in Stock. 
 
 THIS INDENTURE, made the day of , Between :^^^ 
 
 A. B. of, &c. {vendor), of the one part, and C. D., of, &c. {pur- 
 chaser), of the other part : Whereas by an indenture dated ^^j^^^^ 
 
 the day of , and made between {parties), it was de- of stock, 
 
 clared and agreed that E. F. and G. H., their executors and 
 administrators, should stand possessed of the sum of £250, £3 
 per cent. Consolidated Annuities, transferred into their names 
 
 Digitized by Microsoft® 
 
430 
 
 PDRCHASE DEEDS. 
 
 LIFE 
 
 INTEREST IN 
 
 STOCK. 
 
 for vendor 
 for life. 
 
 Agreement 
 for sale of 
 life interest. 
 
 Witnessing 
 part. 
 
 Assignment 
 ty vendor 
 
 of .life - 
 interest, 
 in stock. 
 
 to pur- 
 chaser. 
 
 Covenant 
 by vendor. 
 
 for right to 
 assign ; 
 
 and for 
 further 
 assui'ance. 
 
 as therein mentioned, upon trust to pay to the said A. B. and 
 his assigns the dividends and annual produce thereof for his 
 life, and after his decease, upon trust as therein mentioned : 
 And whereas the said A. B. hath agreed with the said C. D. 
 for the absolute sale to him of his life interest in the said sum 
 of £250, £3 per cent. Consolidated Annuities, at the price of 
 
 f : NOW THIS INDENTURE WITNESSETH, that 
 
 in pursuance of the said agreement, and in consideration, &c. 
 {the receipt, dc), he the said A. B. doth hereby assign unto the 
 said C. D., his executors, administrators, and assigns. All the 
 dividends and annual produce to accrue and become payable 
 during the life of the said A. B., from or in respect of the said 
 sum of £250 £3 per cent. Consolidated Annuities, now standing 
 in the names of the said E. F. and G. H., as hereinbefore men- 
 tioned : And all the right and interest of the said A. B. to 
 and in the same : To hold the same unto the said C. D., his 
 executors, administrators, and assigns absolutely: And the 
 SAID A. B. doth hereby, for himself, his heirs, executors and 
 administrators, covenant with the said C. D., his executors, 
 administrators, and assigns. That notwithstanding anything by 
 him the said A. B. done or knowingly suffered to the contrary, 
 he the said A. B. now hath good right to assign the said 
 dividends and annual produce in manner aforesaid free from in- 
 cumbrances : And that he the said A. B., and all other persons 
 rightfully claiming any interest in the said dividends and 
 annual produce from or under the said A. B., shall and will, 
 from time to time, and at all times hereafter, upon the request 
 and at the cost of the said C. D., his executors, administrators, 
 or assigns, do and execute, or cause to be done and executed, all 
 such acts, deeds, and things for further and more perfectly 
 assuring the said dividends and annual produce unto the said 
 C. D., his executors, administrators, and assigns, in manner 
 aforesaid, as shall or may be reasonably required. 
 In witness, &c. 
 
 Digitized by Microsoft® 
 
PURCHASE DEEDS. 431 
 
 SIONAKV 
 
 PEB- 
 SONALTY. 
 
 No. CXX. 
 ASSIGNMENT by a Married Woman of her Rever- release by 
 
 ^ .'A MARRIED 
 
 siONARY Interest in Personalty under a Will """^^^^ 
 made after the 31st of December, 1857 (a). 
 
 THIS INDENTURE, made, &c., Between A. B. of, &c., aud 
 C. his wife (vendors), of the one part, and E. F. of, &c. (pur- 
 chaser), of the other part : Whereas G. H., late of , &c., wnibe- 
 
 deceased, duly made his will, dated the day of , 1860, ?e"4''cy"to^ 
 
 and thereby, among other things, he bequeathed the sum of ufe" 
 
 £10,000 to his trustees therein named, upon trust to invest 
 
 the same and vary the investments as therein mentioned, and 
 
 to pay the annual income of the said trust moneys, stocks, 
 
 funds and securities unto L. M., and his assigns, for his life, 
 
 and from and after his decease, the said testator declared that Remainder 
 
 the said trust moneys, stocks, funds, and securities, and the cuidren 
 
 •' . . attaining 
 
 annual income thereof, should be divided between all the twenty-one. 
 children of the said L. M. who should attain the age of twenty- 
 one years, in equal shares (Death of G. H., and probate of his 
 will) : And whereas the said C. B. is one of the children of vendor 
 the said L. M., and she hath attained the age of twenty-one children has 
 years : And ^whereas the said A. B. and C. his wife have twenty-one. 
 agreed with the said E. F. for the sale to him of the rever- bf^e™™' 
 sionary share and interest of the said C. B. in the said sum of herexpeot- 
 £10,000 so bequeathed as aforesaid, and the investments re- S'teg^yf' 
 presenting the same, at the price of £ : NOW THIS IN- 
 DENTURE WITNESSETH, that in pursuance of the afore- 
 said agreement, and in consideration, &c. (the receipt, dc), the Aasignment 
 said A. B. and C. his wife, do and each of them doth hereby w'tii »<>»- 
 
 ■^ currence 
 
 assign unto the said E, F., his executors, administrators, and ^ ^^ 
 assigns. All and singular the share and interest, or shares ."f^^'*'*'''' 
 
 o ' ^ ' legacy ex- 
 
 and interests, as well vested as contingent, and as well original §g°^*™ 
 as accruing, expectant on the decease of the said L. M., to which iier father. 
 the said C. B. or the said A. B. in her right is now or shall or 
 may hereafter be entitled under the said recited will of the 
 
 (a) This deed must be acknowledged by the married woman. See 20 & 21 
 Vict. c. 57, suprd, p. 183. 
 
 Digitized by Microsoft® 
 
432 
 
 PURCHASE DEEDS. 
 
 T^mahried'' ^^i^ ^- H., deceased, of and in the said sum of £10,000 so be- 
 queathed as aforesaid, and the investments representing the 
 same, and the annual income thereof : AND ALL the right and 
 _ interest of her the said A. B. to and in the same :, To hold 
 the said premises unto the said E. F., his executors, adminis- 
 trators, and assigns, absolutely : And the said A. B. doth 
 hereby for himself, his heirs, executors, and administrators, 
 covenant with the said E. F., his executors, a;dministrators, 
 and assigns : That notwithstanding any thing by the said 
 A. B., or by the said C. his wife, done or knowingly suf- 
 fered to the contrary, the said A. B. and C. his wife now 
 have good right to assign the premises hereby assigned, or 
 expressed so to be, unto the said E. F., his executors, ad- 
 ministrators, or assigns, in manner aforesaid, free from all in- 
 cumbrances : And that the said A. B. and C. his wife, and 
 all persons lawfully or equitably claiming from, under, or in 
 trust for them, or either of them, shall and will at any time 
 or times hereafter, upon the request and at the cost of the 
 said E. F., his executors, administrators, or assigns, do and 
 execute, or cause to be done and executed, all such acts, 
 deeds and things for better and more effectually assuring the 
 premises hereby assigned, or expressed so to be, unto the 
 said E. F., his executors, administrators, and assigns, and 
 also for enabling him and them . to receive, recover, and en- 
 force the payment of the same respectively, to and for his 
 and their own use and benefit, as shall or may be reasonably 
 required. 
 In witness, &c. 
 
 A MARRIED 
 WOMAN Of 
 REVER- 
 SIONARY 
 
 PER- 
 SONALTY. 
 
 To pur- 
 Chaser 
 absolutely. 
 
 Covenant 
 by husband 
 of vendor. 
 
 for right to 
 assign. 
 
 and for 
 further 
 assurance, 
 
 CXXI. 
 
 RELEASE BY RELEASE by a Married Woman of her Equity to a 
 w^M^N OF Settlement in Personalty (a). 
 
 EQUITY TO A 
 
 TJnT this INDENTURE, made, &c.. Between A. B., wife of 
 
 C. B. of, &c. (releasor), of the first part, the said C. B. of the 
 
 second part, and E. F. of, &c., and G. H. of, &c. (trustees) of 
 
 ™ttig *^^ *^"'^ P^"^* = Whereas X. Y., late, of, &c., deceased, duly 
 
 (a) This deed must be acknowledged by the married 
 Vict. c. 57, suprd, p. 183. 
 
 woman. See 20- & 21 
 
 Digitized by Microsoft® 
 
PURCHASE DEEDS. 433 
 
 , of till 
 
 : logacj 
 the funds. 
 
 made his will, dated the day of , and thereby he ^^-^^/^^ ^y 
 
 ^ ^ J ** A MARRIED 
 
 bequeathed the sum of £5000 to the said E. F. and G. H., ^'^^ °'' 
 
 . ^ • •> EQUITY TO A 
 
 their executors, administrators, and assigns, upon trust to in- ^,^™" 
 vest the same and vary the investments in respect thereof as ,^ ^ ^^ — 
 therein mentioned, and to pay the annual income of the said ^,^™*f™ 
 trust monies, stocks, funds, and securities, unto L. M. and his J™^^'"*'"" 
 assigns for his life, and from and after his decease the said tes- "^"^l^ 
 tator declared that the said trust monies, stocks, funds, and twrntj-'one. 
 securities should be divided between all the children of the 
 said L. M. who should sui-vive him the said L. M., and attain 
 the age of twenty-one years (Death and probate of the will of 
 
 X. Y.) : And whereas the said L. M. died on the day of Death of 
 
 , leaving two children only him surviving, namely the said lifeje/v-' 
 
 A. B. and : And whereas both of them the said A. B. cwkiren, 
 
 and have attained the age of twenty-one years : And beLgo'ne. "^ 
 
 WHEREAS pursuant to the trust for this purpose contained in '^^^ y^^^^ 
 the said recited will, the said E. F. and G. H. shortly after the J^'^^tjine. 
 death of the said X. Y., invested the sum of £5000 (part of the iiivestmeut 
 personal estate of the said X. Y., deceased), in the sum of legacy 
 
 £ , £3 per cent. Consolidated Annuities in the names of the 
 
 said E. F. and G. H., and the same sum of £ , £3 per cent. 
 
 Consolidated Annuities is still standing in their names : And Desire of 
 WHEREAS the said A. B. is desirous of releasing her right and extSsu 
 
 equity to a settlement in her share in the said sum of £ , settieme'iit. 
 
 £3 per cent. Consolidated Annuities, and in the future divi- 
 dends thereof, in manner hereinafter mentioned : NOW THIS 
 INDENTURE WITNESSETH, that for effectuating the 
 aforesaid desire, it is hereby expressly declared by the said Declaration 
 A. B., with the concurrence of her said husband testified by his wuh 'S'"^ 
 executing these presents, that they the said E. F. and G. H., cracumnce 
 their executors, administrators, and assigns, shall henceforth that trustees 
 
 . ' ' ° ' . shall hold 
 
 hold the moiety or equal half part or share of her the said i>" share. 
 A. B. under or by virtue of the said recited will in the said her husband 
 
 sum of £ , £3 per cent. Consolidated Annuities, and in the from h^'^ 
 
 future dividends thereof, In trust for the said C. B., his exe- Sttieme'nr 
 cutors, administrators, and assigns, absolutely released and 
 discharged from all right and equity to a settlement, and 
 every other right, title, and interest whatsoever of her the 
 said A. B. in the said moiety or equal half part or share. 
 Annuities, dividends, and premises, and every part thereof 
 respectively. 
 In witness, &c. 
 
 VOL. I. F F 
 
 Digitized by Microsoft® 
 
434 
 
 PURCHASE DEEDS. , 
 
 No. CXXII. 
 
 -ASSIGTTMENT 
 
 BY A WOMAN 
 
 MARRIED 
 
 since the 
 9th op 
 
 AVQUST, 
 
 isro. 
 
 ASSIGNMENT of Leaseholds by the Widow and 
 Married Daughter of an Intestate, the Daughter 
 having Married since the 9th of August, 1870. 
 The Husband does not join. 
 
 THIS INDENTURE, made the 
 
 -, Between 
 
 Recite 
 
 Marriage 
 of one of 
 vendors. 
 
 Death of 
 lessee intes- 
 tate, leaving 
 widow and 
 daughter 
 sole next of 
 kin. 
 
 Letters of 
 administra- 
 tion to 
 efTects of 
 
 That all 
 the funeral 
 and admin- 
 istration 
 expenses 
 and debts 
 have been 
 paid. 
 
 Agreement 
 for sale. 
 
 Considera- 
 tion paid to 
 separate use 
 of vendor. 
 
 - day of 
 
 A. B. of, &c. {administratrix), of the first part, C. D. of, &c. 
 {vendor), of the second part, and E. F. of, &c. {purchaser), of 
 the third part : Whereas by an indenture of lease dated the 
 
 day of , and made, &c. {Here recite lease under 
 
 which the property was demised to G. H. for eighty years at a 
 rent of £10 and under certain covenants, and set out the 
 parcels as in the lease,) And whereas the said C. D. inter- 
 married with and became the wife of on the 10th day of 
 
 January, 1871 : And whereas the said G. H. died on the 5th 
 day of August, 1871, intestate, leaving the said A. B. his 
 widow, and the said C. D. his only child him surviving, and 
 letters of administration of his personal estate and effects 
 
 were granted to the said A. B. on the day of 
 
 by the principal Registry of the Probate Division of the- 
 High Court of Justice : And. whereas all the funeral and 
 administration expenses and also all the debts of the said 
 G. H. have been duly paid and satisfied as she the said 
 A. B. doth hereby declare : And whereas it is apprehended 
 that the said leasehold premises now belong beneficially as to 
 one third part thereof to the said A. B., and as to the other 
 two third parts thereof to the said C. D. for her sole and sepa- 
 rate use : And whereas the said A. B. and C. D. have agreed 
 with the said E. F. for the absolute sale to him of the said 
 leasehold premises for the residue now unexpired of the said 
 term of eighty years at the price of £ : NOW THIS IN- 
 DENTURE WITNESSETH, that in pursuance of the said 
 
 agreement, and in consideration of the sum of £ , being one 
 
 third part of the said purchase money to the said A. B. and 
 
 the sum of £ being the remaining two third parts of 
 
 the said purchase money to the said C. D., for her separate 
 
 Digitized by Microsoft® 
 
PURCHASE DEEDS. 435 
 
 use, now paid by the said E. F., the receipt whereof respec- by Twomax 
 tively the said A. B. and C. D. do hereby acknowledge, and s"nue'the 
 from the same do hereby release the said E. F., The said A. B., ^cgust, 
 
 as such administratrix as aforesaid, doth hereby assign, and the ^!!2: 
 
 said A. B. and C. D. as beneficially entitled between them to J^^^" 
 the said premises, do hereby also assign and confirm unto the p'"'"'^'* 
 said E. F., his executors, administrators, and assigns. All and 
 SINGULAR the hereditaments and premises comprised in and 
 demised by the said recited indenture of lease (and all the 
 estate, dc.) : To have and to hold the hereditaments and 
 premises hereby assigned or expressed so to be unto the said ^^'rerfdur'^ 
 E. F., his executors, administrators, and assigns, for all the <•"*''"'• 
 residue now unexpired of the said term of eighty years at the 
 said yearly rent of £10, and under and subject to the covenants 
 and conditions therein contained, and on the pai-t of the lessee, 
 his executors, administrators, and assigns, to be observed and 
 performed : And the said A. B., as to one third part of the covenanta 
 said premises, and the said C. D. as to the two other third 
 parts thereof, and with intent to bind her separate estate, do 
 hereby, for themselves respectively and their respective heirs, 
 executors, and administrators, covenant with the said E. F., his 
 executors, administrators, and assigns, That notwithstanding 
 anything done or knowingly suffered to the contrary by the 
 said A. B. and C. D. respectively, or the said G. H. deceased, 
 the said A. B. and C. D. now have, &c. (Covenant for right to 
 assign, for quiet enjoyment for residue of term, free from in- 
 cumh-ances, and for further assurance). {Covenant by E. F. 
 with A. B. and C. D. to pay future rent and to observe lessee's 
 covenants). 
 In witness, &c. 
 
 No. CXXIII. 
 ASSIGNMENT of Leasehold Premises and Fixtures assignment 
 
 ■' OF LEASE- 
 
 for the Separate Benefit of a Married Woman, HOLna a.nd 
 
 ./ ^ FIXTURES 
 
 who advances the Purchase Monet out of her Sepa- „j°k 
 RATE Estate. '^°"*''- 
 
 THIS INDENTURE, made the day of , Between Parties. 
 
 A. B. of, &c. [vendor), of the first part, C. D. of, &c. and E. his 
 
 V V 2 
 
 Digitized by Microsoft® 
 
436 PURCHASE DEEDS. 
 
 AssioNMEifT Tff[fQ ( puTchaser), of the second part, and G. H. of, Sec. (trustee), 
 
 OF LEASE- \ ^ /' i- ' ^ 
 
 HOLDS AHD of ^^g third part (Recite lease to A. B): And whekeas the 
 ^°=' said E. D., with the privity and concurrence of her said hus- 
 
 MARRIED ' C J 
 
 ^Q"^"- band, hath contracted with the said A. B. for the absolute 
 Recite lease, purchase of the mcssuage and premises comprised in and de- 
 b| wife™ mised by the hereinbefore recited Indenture of lease, for the 
 lease and residue of the term thereby granted, with the fixtures in and 
 
 about the same, at the price of £, , to be paid out of the 
 
 estate and fortune of the said E. D., and the said premises are 
 to be assigned for the separate use of the said E. D. as herein- 
 witnessing after expressed : NOW THIS INDENTURE WITNESSETH, 
 
 part. ^ , , , . 
 
 considera- that In pursuance of the said agreement, and m consideration 
 
 *'™' of the sum of £ to the said A. B. now paid by the said 
 
 E. D. out of her separate estate, with the privity and con- 
 currence of the said C. D. her husband,, testified by his exe- 
 vendor cutlug these prescuts (the receipt, do.), The said A. B., by 
 and ass'igns. the direction of the said C. D. and E. his wife, doth hereby 
 demise and assign unto the said G. H. and 0. D. respectively, 
 and their respective executors, administrators, and assigns. All 
 Leaseiioids j^^nd SINGULAR the messuage or teneiiieDt, land and premises 
 comprised in and demised by the hereinbefore recited inden- 
 and fixtures, ture of lease, or expressed so to be : And also the fixtures, 
 articles, and things in or about the said premises, which are 
 specified in the schedule hereunder written: And all the 
 Habendum ESTATE, &c. : To HOLD the Said premises hereby demised and 
 trasteeV assigned, or expressed so to be (except such of them as are 
 tem^ex"^ of the nature of fixtures, articles, or things remo^eable by the 
 da|)/and tenant), unto the said G. H., his executors, administrators, and 
 
 thereto to assigns, for the residue of the said term of years granted 
 
 residue"""^ by the said indenture of lease (except the last day thereof) : 
 and subject thereto, To HOLD the same premises unto the said 
 C. D., his executors, administrators, and assign.^!, for all the 
 residue of the said term of years, granted by the said in- 
 denture of lease, subject to the rent, covenants, and conditions 
 by and in the same Indenture contained, and on the part of the 
 lessee, his executors, administrators, and assigns, to be ob- 
 served and performed, But so that the said G. H., his exe- 
 cutors or administrators, shall not be personally liable for or 
 Habendum in rcspect of the said rent, covenants and conditions : And 
 
 AS TO nX^ _ rt ^ 
 
 tores to TO HOLD such of the Said premises hereby demised and as- 
 signed, or expressed so to be, as are of the nature of fixtures, 
 articles, or things removeable by the tenant, unto the said 
 
 Digitized by Microsoft® 
 
 term. 
 
PURCHASE DEEDS. 437 
 
 ASSIONMEN P 
 OF LEASE- 
 HOLDS AMD 
 PIXTUBES 
 
 FOR 
 MARRIED 
 WOMAN. 
 
 G. H., his executors, administrators, and assigns absolutely, 
 But nevertheless as to all the said premises hereby demised 
 and assigned, upon the trusts hereinafter declared : And it is 
 HEBEBY AGBEED AND DECLARED, that the said G. H. and C. D. 
 respectively, and their respective executors, administrators, and o/tlS'ot 
 assigns, shall stand possessed of all the said premises hereby i^^Sres. 
 demised and assigned respectively upon trust in the first place, 
 that out of the rents and profits thereof, the rent reserved by 
 the said indenture of lease, and the covenants and conditions 
 therein contained, and on the part of the lessee, his executors, 
 administrators, and assigns, to be observed and performed, shall 
 
 as from the day of now next, be respectively paid, 
 
 observed, and performed. And subject thereto. Upon such 
 TRUSTS as the said E. D. shall at any time or times, by any 
 deed or deeds, or by her will or any codicil thereto, and 
 whether under coverture or not, appoint, and in default of and 
 until such appointment, and so far as any such appointment 
 shall not extend. In trust for the said E. D., during the joint 
 lives of the said C D. and E. D. for her separate use, free 
 from the control, debts, and engagements of the said C. D. : 
 And from and after the decease of one of them the said C. D. 
 and E. D., upon the trusts following, that is to say, If the said 
 E. D. shall survive the said C D., In trust for the said E. D., 
 her executors, administrators, and assigns ; But if the said 
 E. D. shall die in the lifetime of the said G. D., then In trust 
 for the said C. D. during his life ; And after his decease, In 
 trust for the person or persons who under the statutes for the 
 distribution of the estates of intestates would have been en- 
 titled thereto at the decease of the said E. D. if she had died 
 possessed thereof intestate and a widow, and, if more than one, 
 as tenants in common in the shares in which they would have 
 taken the same under the same statutes : And the said A. B. covenant 
 doth hereby, for himself, his heirs, executors, and adminis- 
 trators, covenant with the said G. H., his executors, adminis- 
 trators, and assigns, and (as a separate and distinct covenant) 
 with the said C. D., his executors, administrators, and assigns. 
 That notwithstanding any things by the said A. B. done, or that lease is 
 knowingly suffered to the contrary, the said recited lease is a 
 valid and subsisting lease in the law of the premises thereby 
 demised, and is still in full force for all the unexpired residue 
 of the said term of years thereby granted : And that the ^^^^''^^'tg 
 y«arly rent thereby reserved, and all the lessee's covenants and p^Jj^^^^- 
 
 Digitized by Microsoft® 
 
438 PUKCHASE DEEDS. 
 
 OF LEASE- 
 
 H0LD6 AND 
 
 FIXTtlKES 
 
 FOR 
 MARBIED 
 ■H'OMAM. 
 
 ''oFLSr conditions contained in the said lease, have been or shall be 
 
 duly paid, observed, and performed up to the day of 
 
 now next : And that notwithstanding any such act, 
 
 deed, or thing as aforesaid, the said A. B. now hath good right 
 todemiS^'"' to demise and assign the said premises hereby demised and 
 and assign ; assigned, or expressed so to be, in manner aforesaid : And 
 enjoyment; THAT the Said premises shall be peaceably and quietly held and 
 enjoyed, and the rents and profits received and taken under 
 and according to these presents, without any eviction, inter- 
 ruption, or denial from or by the said A. B., or any person 
 or persons lawfully or equitably claiming from, under, or in 
 ^^ . trust from him : And that free from all incumbrances made, 
 
 from incum- 
 
 created, or occasioned by the said A. B., or any person or 
 snd for persons lawfully or equitably claiming as aforesaid : And 
 
 further • t l t\ in i* icn 
 
 assurance. THAT the Said A. B., and all persons having or lawiuUy or 
 equitably claiming as aforesaid, will from time to time, and at 
 all times hereafter, upon the request and at the cost of the said 
 E. D., her executors, administrators, or assigns, do and exe- 
 cute, or cause to be done and executed, all sucb acts, deeds, 
 and things, for more effectually assuring the said premises in 
 purchaser"' manner aforesaid as shall or may be reasonably required : And 
 ior^yment THE SAID C. D. doth hereby, for himself, his heirs, executors, 
 of rent, administrators, and assigns, covenant with the said A. B., 
 
 and ohaerv- , , , , . 
 
 auceof his cxocutors and administrators, that from the day of 
 
 covenants, , ^ •^ 
 
 now next, and during the then residue of the said term 
 
 by the said recited lease granted, the said yearly rent reserved 
 by the said lease, and all the lessee's covenants, conditions, and 
 agreements, contained in the said recited lease, shall as from 
 the day of now next, be paid, observed, and per- 
 formed by the person or persons for the time being bene- 
 ficially entitled to the said premises under the trusts herein- 
 before declared, and also that the said C. D., his executors, 
 administrators, or assigns, will at all times hereafter keep 
 taderanify indemnified the said A. B., his heirs, executors, and adminis- 
 Iga?n°tthe trators, and his and their estates and effects, from all actions, 
 same. g^itg^ and Other proceedings, and from all costs, losses, damages, 
 and expenses, which he or they shall respectively incur or 
 sufifer by reason of the non-payment or non-observance thereof 
 Rcwso that respectively : Pkovided always, that as between the said 
 shall bf ^- •^- ^^^ ^^^ representatives- on the one hand, and the said 
 fiawe'fo'the pi'emises hereby demised and assigned on the other hand, the 
 rent, te. gj^j^ premises, and the person or persons beneficially entitled 
 
 Digitized by Microsoft® 
 
PURCHASE DEEDS. 43d 
 
 thereto, shall be charged with the payment of the aforesaid 
 rent; and with the obligation to observe and perform the said 
 covenants and conditions, in exoneration of the said C. D., 
 his heirs, executors, and administrators, and his and their 
 estate and effects : But this present proviso shall not in any 
 manner affect the said A. B., his executors, administrators, or 
 assigns. 
 In witness, &c. 
 
 ASSIGNMENT 
 OF LEASE- 
 HOLDS AND 
 FIXTURES 
 
 FOB 
 MARRIED 
 WOMAN. 
 
 No. CKXIV. 
 
 CONVEYANCE to a Married Woman, the Purchase ^^hen 
 being made out of the Savings from Business, 
 carried on by her Separately under a Protection 
 
 MABRIED 
 
 WOMAN 
 
 P0R0HASE8 
 
 WITH 
 
 SAVINGS 
 
 OwniTP °^ BU6INE88 
 
 ' V^-KIJ^-K. CARRIED ON 
 
 UNDER 
 
 THIS USTDENTURE, made the day of , Between ^'l^^"'' 
 
 A. B., of, &c. (vendor), of the first part, C. D., of, &c., the wife ^^;^ 
 of X. D., but living separate from him under the Protection 
 Order hereinafter recited, of the second part, and E. F. of, &c. 
 (trustee), of the third part : Whereas, by an order dated the Eecite order 
 
 day of , 18 — , made at a Petty Sessions of the Peace Cuce^^'at 
 
 holden for the Petty Sessional Division of D , in the county sionJ, ^™' 
 
 of G , at the town-hall, D , in the said county, before 
 
 . ^ four of Her Majesty's Justices of the Peace in and for the 
 
 said county, and acting for the said division, and under the 
 hands and seals of the said justices. After reciting that the said 
 C. D. the wife of X. D., complained to them the said justices 
 in petty sessions assembled, that the said X. D. had deserted 
 her, and she prayed that they might make an order to protect 
 any money or property she might acquire by her own lawful 
 industry, and property she might become possessed of after such 
 desertion, against her said husband or his creditors, or any 
 person claiming under him. And that it being then proved 
 before them the said justices upon oath and otherwise, that on 
 
 tiie - day of , 18 — , at the parish church of W , in 
 
 the said county of G , the said C. D. had been duly married 
 
 to the said X. D., and that afterwards on or about the day 
 
 Digitized by Microsoft® 
 
440 
 
 PURCHASE DEEDS. 
 
 WHEN 
 
 MARRIED 
 
 WOMAN 
 
 PURCHASES 
 
 WITH 
 
 SAVINGS 
 
 OF BUSINESS 
 
 CARRIED ON 
 
 UNDER 
 
 PROTECTION 
 
 ORDER. 
 
 that earn- 
 ings and 
 property 
 asquirea 
 by married 
 woman after 
 desei"tion 
 should be- 
 long to her 
 as feme sole. 
 
 Order en- 
 tered with 
 Registrar. 
 
 Agreement 
 toy mamed 
 woman ior 
 purchase. 
 
 Considera- 
 tion. 
 
 Vendor 
 conveys 
 
 to uses as 
 purchaser 
 shall ap- 
 point, 
 and subject 
 to appoint- 
 ment to 
 trustee for 
 her as /eme 
 soU. 
 
 of ^ 18 — J the said X. D. without reasonable cause had de- 
 serted her, and that she was then maintaining herself by her 
 own industry, They the said justices being satisfied of the truth 
 of the facts so proved before them as aforesaid, did thereby 
 in pursuance of the statute in such case made and provided 
 order that the earnings and property of the said C. D., acquired 
 or to be acquired by her since the commencement of such de- 
 sertion as aforesaid, should thereafter be protected from the said 
 X. D, her husband, and from all creditors and persons claiming, 
 or who might thereafter claim under him, and that all such 
 earnings and property should belong, and should be deenaed to 
 belong, to the said C. D.^as if she were a feme sole: And 
 WHEREAS, the said order was entered with the registrar of the 
 
 county court of G , holden at D , on the day of 
 
 , 18 — : And whereas the said C. D, has agreed with the 
 
 said A. B. for the absolute purchase of the hereditaments in- 
 tended, to be hereby granted, and the inheritance thereof in fee 
 simple, and she has requested the said A. B. to convey the same 
 
 to the uses hereinafter declared, for the sum of £ . : NOW 
 
 THIS INDENTURE WITNESSETH, that in pursuance of 
 
 the said agreement, and in consideration of the sum of £ 
 
 paid to the said A. B. by the said C. D. on or before the exe- 
 cution of these presents, out of earnings and property acquired 
 by her since the commencement of her desertion by her said 
 husband, as she doth hereby declare {the receipt, dc.), the said 
 A. B. doth hereby grant unto the said E. F. and his heirs, All, 
 &c. {parcels, general words, and all the estate, dc), To hold 
 the same unto the said E, F. and his heirs. To such uses as the 
 said C. D. shall by any deed or deeds or by her will appoint, 
 and in default of such appointment, and so far as any such ap- 
 pointment shall not extend, To the use of the said E. F., his 
 heirs and assigns. In trust for the said C. D., her heirs and 
 assigns, for her sole and separate use as if she were a feme sole. 
 {Covenants for title.) 
 In wttness, &c. 
 
 Digitized by Microsoft© 
 
PURCHASE DEEDS. 441 
 
 No. CXXV. 
 
 ASSIGNMENT of the Benefit of an Agreement for the assionkent 
 
 •' *' »' OF BENEFIT 
 
 Sale of Freeholds (a). <>' """^^ 
 
 ** \ ' MF.MT FOR 
 
 MENT FOB 
 SALE. 
 
 THIS INDENTURE, made.&c, Between A.B., of, &c. (vendor), 
 
 of the one part, and C. D., of, &c. (pv/rchaser), of the other part : Recite 
 
 Whereas by a memorandum of agreement made and entered tesXto 
 
 into the day of between G. H. of the one part, ^™'*"" 
 
 and the said A. B. of the other part, the said G. H. agreed 
 with the said A. B. for the sale to him of All that, &c. 
 (parcels), and the inheritance thereof in fee simple in posses- 
 sion, free from all incumbrances, at the price of £1000, and it 
 was by the said agreement provided that on payment of the 
 
 said purchase-money or sum of £1000 on the day of 
 
 as therein mentioned, the said G. H. should execute a convey- 
 ance of the said hereditaments and premises unto and to the 
 use of the said A. B., his heirs and assigns, or as he or they 
 should direct : And whereas no part of the said purchase- That no 
 money, or sum of £1000, hath been paid by the said A. B. pur- porchase- 
 
 ,-., . 1.1 money had 
 
 suant to the aforesaid agreement : And whereas the said teen paid. 
 A. B. hath lately contracted with the said C. D. for the sale and bf™S* 
 transfer to him of the benefit of the said agreement, subject to intoreet"' 
 the liability thereunder, at the price of £50 : NOW" THIS IN- ^eem*^nt. 
 DENTURE WITNESSETH, that in pursuance of the aforesaid 
 agreement, and in consideration of the sum of £50 to the said 
 A. B. paid by the said C. D. on or before the execution of these 
 presents (the receipt, dc), he the said A. B. doth hereby grant ^^^Jj^?/ 
 and assign unto the said C. D., his heirs, executors, and admi- {."^J^y" 
 nistrators. All the estate and interest of him the said A. B. in ^^^^^t 
 the said hereditaments and premises so agreed to be purchased ^'^; 
 by him the said A. B., and comprised in the said recited agree- 
 ment as aforesaid, and the full benefit and advantage of the said 
 agi-eement : To hold the said premises unto the said C. D., his 
 heirs, executors, administrators, and assigns for ever, subject 
 
 (a) See M'Creight v. Foster, L. R. 5 C. A. 604 ; affirmed on appeal 
 27 L. T. B. N. S. 281 ; Crabtree v. Foole, L. R. 12 Eq. 13. 
 
 Digitized by Microsoft® 
 
442 PUKCHASE DEEDS. 
 
 OTEF™™ nevertheless as hereinafter mentioned : And the said A. B. 
 M^ENTFOK <^oth hereby, for himself, his heirs, executors, and adminis- 
 ^''^^' trators, covenant with the said C. D., his heirs and assigns, 
 by vendor that the Said A. B. hath not at any time heretofore done or 
 Sm- knowingly suifered, or been party or privy to any act, deed, or 
 ranees, t]jiijg -whereby he is or can be prevented from granting and 
 assigning the said premises unto the said C. D., his heirs, exe- 
 andfor cutors, administrators, and assigns, in manner aforesaid : And 
 assurance. FURTHER, that the Said A. B., his heirs, executors, and adminis- 
 trators, shall, from time to time, and at all times hei'eafter, upon 
 every reasonable request and at the cost of the said C. D., his 
 heirs, executors, administrators, or assigns, execute and do every 
 lawful deed, act, and thing for effectually enabling the said 
 C. D., his heirs, executors, administrators, and assigns to 
 obtain and enjoy the full benefit of the said recited agreement : 
 pSS'er^'' And the said C. D. doth hereby for himself, his heirs, exe- 
 ^?c*hase- cutors, and administrators, covenant with the said A. B., his 
 perfoJui™'^ executors, administrators, and assigns, that he the said C. D. 
 inthe '™^ shall and will duly pay the said purchase-money or sum of 
 £1000, and duly perform all other the stipulations contained in 
 the said recited agreement, so far as the same relate to the said 
 A. B., and shall and will at all times hereafter effectually keep 
 harmless and indemnified the said A. B., his heirs, executors, 
 and administrators, from and against all actions, proceedings, 
 costs, charges, claims, and demands, for or on account of such 
 stipulations respectively. 
 In witness, &c. 
 
 Digitized by Microsoft® 
 
PURCHASE DEEDS. 443 
 
 No. CXXVI. 
 
 CONVEYANCE hy a Tenant for Life of a Piece of conveyance 
 Land to a School Board {a). ™bo™d°'' 
 
 THIS INDENTURE, made the day of , Between Parties. 
 
 A. B., of, &c. {vendor), of the first part, C. D., of, &c., and E. F. 
 
 of, &c. {trustees), oi\h.e second part, and the School Board for 
 
 of the third part : Whereas under the will of X. Y. of, &c., the Eocite that 
 
 . . A. B. is 
 
 said A. B. is tenant for life of the piece of land intended to J?"*!*' f<"" 
 be hereby granted with remainders over : And whereas the Agreement 
 said School Board being desirous of acquiring the said piece of Board to 
 land as a site for a school, has, under the powers in that behalf^"" *^°' 
 vested in the said Board by the Elementary Education Act, 
 1870, agreed with the said A. B. for the purchase of the 
 fee simple thereof for the sum of £100, which sum has been 
 determined to be not less than the value thereof by the 
 valuation in writing of G. H. of, &c., and I. K. of, &c., two 
 able practical surveyors, the said G. H. being nominated by the 
 said A. B., and the said I. K. being nominated by the said 
 School Board, and which said G. H. and I. K. have annexed 
 to their valuation a declaration in writing subscribed by them 
 of the correctness thereof : And whereas by a writing dated Appoint- 
 
 ■' ° ment of 
 
 the day of , under the hand of the said A. B., the trustees to 
 
 •^ ' receive tlie 
 
 said C. D. and E. F. have been nominated trustees to receive p^^""^"^*" 
 the purchase-money, and such nomination is approved of by 
 the said School Board, as the said School Board doth hereby 
 declare: NOW THIS INDENTURE WITNESSETH, that witnessing 
 in pursuance of the said agreement, and in consideration of the Vendor 
 said sum of £100 now paid to the said 0. D. and E. F. as such ™°™'" 
 trustees as aforesaid by the said School Board (the receipt 
 whereof the said C. D. and E. F. do hereby acknowledge) (b) ; 
 The said A. B., pursuant to the power for this purpose conferred 
 
 (a) School Boards are empowered by the 19tli section of the " Elementary Powers of 
 Education Act, 1870," to provide school houses, and improve enlarge and fit |^^'^ ^ 
 up any school house provided by them, and to purchase and take on lease purchase, 
 any land and any right over land. «"=• 
 
 (6) If the purchase money amounts to .£200, this sum must be paid into 
 the Bank of England, to the account and with the privity of the Pay- 
 master General for the time being, on behalf of the High Court of Justice, 
 Chancery Division. 
 
 Digitized by Microsoft® 
 
444 PUKCHASE DEEDS. 
 
 •^J^^f OD him by the said Act, or any Act incorporated therewith, 
 °°^''°- doth hereby convey unto the said School Board, their successors 
 and assigns, All that, &c. {parcels), Together with all ways, 
 rights, and appurtenances thereto belonging : And all SUCH 
 ESTATE, right, title, and interest in and to the same as the said 
 A. B. now is or shall become seised or possessed of, or is by the 
 B ^""^ ^^^^ ^^^ empowered to convey. To HOLD the premises to the 
 *««• said School Board, their successors and assigns, for ever, ac- 
 
 cording to the true intent and meaning of the said Act : And 
 THE SAID A. B., &c. {Covenants for title.) 
 In witness, &c. 
 
 Digitized by Microsoft® 
 
COVENANTS FOE PEODUCTION. 
 
 No. I. 
 DEED of Covenant hy Vendor for the Production of covenant 
 
 JJEEDS, &C. (a). PBODUCTION 
 
 OF DEEDS, 
 
 THIS INDENTURE, made the day of , Between ^°- 
 
 A. B. of, &c. {covenantor), of the one part, and C. D. of, &c. ^*^'°'' 
 {covenantee), of the other part {Recite conveyance hy A. B. of 
 hereditaments to C. D. to uses to bar dower) : And whereas Recite that 
 the deeds and writings, comprised in the schedule hereto, relate as wliuo" 
 not only to the hereditaments granted by the hereinbefore re- vendor. 
 cited indenture, but also to other hereditaments of the said 
 A. B., and it hath therefore been agreed that the said A. B. Agreement 
 shall retain the same deeds and writings, and shall enter into shau enter 
 such covenants in respect thereof as are hereinafter contained : nant for 
 NOW THIS INDENTURE WITNESSETH, that in pursuance wiping 
 of the said agreement, and in consideration of the premises, he *""*" 
 the said A. B. doth hereby for himself, his heirs, executors, ad- covenant 
 mihistrators, and assigns, covenant with the said C. D., his [ap- f/rproduo- 
 pointees] {b), heirs, and assigns, that he the said A. B., his heirs docnments 
 and assigns, shall and will, unless prevented by fire, or some other °"'*'''' 
 inevitable accident, from time to time, and at all times hereafter 
 upon every reasonable request, and at the cost of the said C. D., 
 his [appointees] heirs, or assigns, produce or cause to be pro- 
 duced unto him or them, or his or their attomies or agents, 
 or at any trial, hearing, commission or examination, or other- 
 
 (o) It is generally desirable that the covenant for production of title deeds, 
 should be by a separate deed, in order to avoid notice upon the face of the 
 purchase deed of the prior title. But if all the deeds covenanted to be pro- 
 duced are recited in, or otherwise appear on the face of the conveyance, the 
 covenant may properly be inserted therein, after the covenant for further 
 assurance. 
 
 (b) If the conveyance is to C. D. in fee, instead of to uses to bar dower, the 
 word " appointees " will be omitted throughout. 
 
 Digitized by Microsoft® 
 
446 COVENANTS fOR PRODUCTION. 
 
 COVENANT 
 
 FOR 
 
 PRODUCTION 
 
 OP DEEDS, 
 
 ETO. 
 
 wise as occasion shall require, all or any of the deeds and 
 writings comprised in the schedule hereto, for the purpose of 
 showing his or their title to the hereditaments comprised in the 
 and to said indenture bearing even date herewith, or any part thereof: 
 attested and ^ffj) ALgQ at the like request and cost, deliver or cause to be 
 
 other copies ' ^ ' . 
 
 thereof, &o. delivered unto the said C. D., his [appointees], heirs, or assigns, 
 such attested or other copies, or extracts of or from, the said 
 deeds and writings, or any of them, as he or they may require : 
 And shall and will, in the meantime, unless prevented as afore- 
 said, keep the same deeds and writings safe, unobliterated, and 
 uncancelled (c). 
 In witness, &c. 
 
 The Schedule referred to in the above-written 
 Indenture. 
 
 No. II. 
 
 rovENANT DEED of Covenant from One Purchaser to Another 
 
 BY ONj' 
 
 '""wfTH™ ■^°'^ *^^ Production of Deeds, dc, which relate to 
 
 ANOTHER Both the purchased Properties. 
 
 TF°DEED'a°.'' THIS INDENTURE, made the day of , Between 
 
 Parties. A. B. of, &c. {cov cnautor) , of the one pai-t, and C. D. of, &c. 
 
 (c) Vendors, who have a heneficial estate in the land, cannot insist on the 
 following proviso being appended, unless it is previously stipulated for 
 The form is here given for use in those cases where the contract for sale pro- 
 vides lor the insertion of such a proviso : — 
 
 Provided always, and it is hereby agreed and declared that 
 m case the said A. B., his heirs or assigns, shall deliver the said 
 deeds and writmgs to any future purchaser or purchasers of 
 any of the hereditaments to which the same relate or to any 
 other person or persons for the time being entitled to the 
 custody of the said deeds and writings, and shall thereupon at 
 his or their own costs and charges procure such purchaser- or 
 purchasers, person or persons, to enter into a covenant with the 
 said 0. D. his heirs and assigns, similar in all respects to the 
 covenant hereinbefore contained, then and in such case and 
 immediately thereupon the covenant hereinbefore contained 
 shall cease and become void. 
 
 Digitized by Microsoft® 
 
COVENANTS FOR PRODUCTION. 447 
 
 COVENANT 
 BY ONE 
 
 (covenantee), of the other part: Whereas by an indenture 
 
 dated the day of , and made between E. F., of the ^"^^^T" 
 
 one part, and the said A. B., of the other part, for the considera- "po™" 
 tions therein mentioned, certain lands and hereditaments ^'oF'oSa.^ 
 situate, &c., and therein particularly described, were conveyed Recite con- 
 by the said E, F. unto and to the use of the said A. B., his ffir^ one 
 heirs and assigns : And whereas, by an indenture bearing p'™''**'"'- 
 even date with but executed prior to the execution of these 
 presents, and made between G. H., of the first part, the said 
 C. D., of the second part, and M. N., of the third part, for the 
 considerations therein mentioned. All, &c., and therein par- on^nXYo" 
 ticularly described, have been conveyed by the said G. H. to p"f'ha9er. 
 such uses as the said C. D. shall by any deed or deeds appoint, 
 and subject thereto, to the use of the said C. D., and his assigns 
 for his life, with a limitation to the said M. N. and his heirs, 
 during the life of the said C. D., in trust for him and his 
 assigns, with remainder to the use of the said C. D., his heirs 
 and assigns : And whereas the deeds and writings comprised ™*\^^4'' 
 in the schedule hereto, relate as well to the hereditaments com- prop"^;^, 
 
 prised in the said indenture of the day of , as also to 
 
 the hereditaments comprised in the said indenture bearing even 
 date herewith, and the same have been delivered to the said 
 A. B., who has agreed to enter into such covenants in respect ment^y^" 
 thereof as are hereinafter contained : NOW THIS INDEN- SSr Z't 
 TUBE WITNESSETH, &c. (Covenant by A. B. for production 'CSr" 
 of deeds, c&c. supra, p. 445.) nantfor 
 
 T o production 
 
 In witness, &C. witli other 
 
 purchaser. 
 
 The Schedule referred to in the above-written 
 Indenture. 
 
 COVENANT 
 
 No. III. 
 
 DEED of Covenant by Purchaser, to whom the 
 
 Deeds, dc, are delivered, for Production to dbotios by 
 
 PURCHASER 
 
 Vendor. wi™ 
 
 TENDOR, 
 
 THIS INDENTURE, made the day of , Between Forties, 
 
 A. B. of, &c. (covenantor), of the one part, and C. D. of, &c. ^/°^^/^fj, 
 (covenantee), of the other part : Whereas by an indenture ^"i,«°e 
 
 Digitized by Microsoft® 
 
448 
 
 COVENANTS FOR PRODUCTION. 
 
 COVENANT 
 FOR PRO- 
 DUCTION BY 
 PURCHASER 
 WITH 
 VENDOR. 
 
 of greater 
 value to 
 covenanttir. 
 
 That deeds, 
 &c., relate 
 to heredita- 
 ments con- 
 veyed as 
 well as to 
 other here- 
 ditaments 
 of less value 
 retained by 
 vendor. 
 
 Delivery of - 
 deeds to 
 purchaser 
 on the un- 
 derstanding 
 that he 
 would enter 
 into cove- 
 nants here- 
 inafter con- 
 tained. 
 
 Covenant 
 by pur- 
 chaser with 
 vendor for 
 production 
 of deeds, 
 &c.. 
 
 and for 
 delivery of 
 copies, &c.. 
 
 and to pre- 
 serve deeds, 
 &c. 
 
 bearing even date with these presents, and made between the 
 said C. D., of the one part,^ and the said A. B., of the other 
 
 part, certain hereditaments in the parish of , in the county 
 
 of , therein particularly described, have been granted by 
 
 the said C. D. unto and to the use of the said A. B., his heirs 
 and assigns for ever : And whereas the deeds and writings 
 comprised in the schedule hereto relate as well to the heredita- 
 ments so conveyed to the said A. B. as aforesaid, as also to 
 other hereditaments of less value retained by the said C. D. : 
 And whereas on the completion of the said purchase the said 
 deeds and writings were delivered to the said A. B. upon the 
 understanding that he should enter into such covenants with 
 the said C. D. as are hereinafter' contained : NOW THIS IN- 
 DENTURE WITNESSETH, that in pursuance of the said 
 agreement, and in consideration of the premises, The said 
 A. B. doth hereby for Mmself, his heirs, executors, administra- 
 tors, and assigns, covenant with the said C. D., his heirs and 
 assigns, that he the said A. B., his heirs and assigns, shall and 
 will from time to time and at all times hereafter at the request 
 and cost of the said G. D., his heirs or assigns, unless prevented 
 by fire or some other inevitable accident, from time to time and 
 at all times hereafter, upon every reasonable request and at the 
 cost of the said 0. D., his heirs and assigns, produce or cause to 
 be produced unto him or them, or his or their attoruies or 
 agents, or at any trial, hearing, commission, or examination, or 
 otherwise as occasion shall require, all or any of the deeds and 
 writings comprised in the schedule hereto, for the purpose of 
 shewing the title of the said C. D., his heirs or assigns, to the 
 hereditaments so retained by him as aforesaid, or any part 
 thereof : And also at the like request and cost deliver or cause 
 to be delivered unto the said C. D., his heirs or assigns, such 
 attested or other copies or extracts of or from the said deeds 
 and writings, or any of them, as he or they may require : And 
 shall and will in the meantime, unless prevented as aforesaid, 
 keep the same deeds and writings safe, unobliterated, and un- 
 cancelled. 
 In witness, &c. 
 
 The Schedule referred to in the above-written 
 Indenture. 
 
 Digitized by Microsoft® 
 
COVENANTS FOR PEODUCTION. 449 
 
 No. IV. 
 
 DEED of Covenant hy a Mortgagke and Mortgagor i-ob pro- 
 
 •^ "^ DUCTION OF 
 
 tor the production 0/ Deeds, &c., to a Purchaser on d^km bv 
 the Mortgagee's Eelease of a portion of the Lands ^^d 
 covijrrised in the Mortgage. 
 
 THIS INDENTURE, made the day of , Between rmtics. 
 
 A. B. of, &c. (mortgagee), of the first part, E. F. of, &c. (mort- 
 gagor), of the second part, and C. D. of, &c. (covenantee), of 
 the third part : Whereas (Recite the indenture of mortgage Recite 
 
 . , , , J 17 J mortgage to 
 
 for securing the sum of £1000, and that the principal money covenantor. 
 is still dnie and owing) : And whereas by an indenture indenture 
 
 ^^ «' of even date 
 
 bearing even date with these presents, and made between the 1°'^^^^^ 
 same parties, certain hereditaments situate in the parish of ''^■■edita- 
 
 f- -^ . ments coni- 
 
 , in the county of , in the indenture now in recital ^jj^^j^^ ^^ 
 
 particularly described (being a portion of the hei*editaments purchaser. 
 comprised in the hereinbefore recited indenture of mortgage), 
 have been conveyed by the said A. B., at the request of the 
 said E. F., unto and to the use of the said C. D., his heirs and 
 assigns for ever, absolutely discharged from the said principal 
 sum of £1000, and the interest thereof, and all claims and 
 demands in respect thereof respectively : And whereas the 
 deeds and writings comprised in the schedule hereto relate to 
 the hereditaments which still remain subject to the said recited 
 indenture of mortgage, as well as to the hereditaments com- 
 prised in the said recited indenture bearing even date here- 
 with : And whereas the said A. B. and E. F. have agreed to Agreement 
 
 . ^y niort- 
 
 enter into such covenants m respect of the said deeds and g^gee and 
 
 ■*■ mortgagor 
 
 writings, as are hereinafter contained : NOW THIS INDEN- to enter 
 
 " ' into cove- 
 
 TURE WITNESSETH, that in pursuance of the aforesaid °«°t«- 
 agreement, and in consideration of the premises. The said covenants 
 A. B. and E. F., with intent to bind so far as they can all per- gageeand 
 sons having for the time being the custody of the deeds and to produce 
 writings hereby covenanted to be produced, but so that the purchaser. 
 said A. B. shall be personally liable under this covenant so 
 long only as he shall have the custody of the said deeds and 
 writings, do hereby for themselves respectively and their re- 
 spective heirs, executors, administrators, and assigns, covenant 
 
 Digitized by Microsoft® 
 
450 
 
 COVENANTS FOK PRODUCTION. 
 
 rOR PRO- 
 DUCTION OF 
 
 DEEDS BY 
 MORTGAGOR 
 
 AND 
 MORTGAGEE, 
 
 with the said C. D., his heirs and assigns, that they the said 
 covenanting persons, and their respective heirs and assigns, 
 shall and will, &c. {Covenant for proiktction of the title deeds, 
 supra, p. 445.) 
 In WITNESS, &c. 
 
 The Schedule referred to in the above-written 
 Indenture. 
 
 FOR PRO- 
 DUCTION OF 
 DEEDS BY 
 TRUSTEES. 
 
 Parties. 
 
 Agreement 
 that trustees 
 shall retain 
 deeds. 
 
 Covenant 
 by trustees 
 for produc- 
 tion of 
 deeds, &c. 
 
 No. V. 
 
 DEED of Covenant by Tectstees for the Production of 
 Deeds, &c. 
 THIS INDENTURE, made, &c., Between A. B. of, &c. and 
 G. D. of, &c. {covenantors), of the one part, and E. F. of, &c. 
 {covenantee), of the other part {Recite the deed of trust under 
 which the sale to E. F, has been made, and conveyance to E. F. 
 by deed of even date) : And whereas the deeds and writings 
 comprised in the schedule hereto, relate not only to the 
 hereditaments conveyed by the said indenture of even date 
 with these presents, but also to other hereditaments re- 
 maining vested in the said A. B. and 0. D. as such trustees as 
 aforesaid, and it hath been agreed that the said A. B. and C. D. 
 shall retain the same deeds and writings, and enter into such 
 covenants in respect thereof as are hereinafter contained: NOW 
 THIS INDENTURE WITNESSETH, that in pursuance of 
 the said agreement and in consideration of the premises, The 
 said A. B. and C. D., with intent to bind so far as they can all 
 persons into whose hands the said deeds and writings shall come, 
 but so as to be respectively personally liable under this cove- 
 nant so long only as they shall respectively have the custody of 
 the said deeds and writings, do hereby for themselves, their 
 heirs, executors, administrators, and assigns, covenant with the 
 said E. F., his heirs and assigns, that they the said covenanting 
 persons, their heirs and assigns, shall and will {Covenant for the 
 ^production of deeds, dc, see supra, p. 445). 
 In witness, &c. 
 
 The Schedule referred to in the above-written 
 Indenture. 
 
 Digitized by Microsoft® 
 
COVENANTS FOR PEODUCTION, 451 
 
 No, VI. 
 
 FOB 
 
 PRODUCTION 
 
 OF SEEDS 
 
 BY ONE 
 
 PURCHASER 
 
 WITH A 
 
 DEED of Covenant for the Production of Deeds, dc, 
 hy One Purchaser with a Former Purchaser of 
 part of the Property, hy way of substitution for a 
 similar Covenant which had been entered into hy the po^bc^'Sb. 
 Vendor. 
 
 THIS INDENTURE, made, &c., Between A. B. of, &c. Parties. 
 {covenantor), of the first part, C. D. of, &c. (covenantee), of the 
 second part, and E. F. of, &c. {covenantor under former deed), 
 of the third part : Whereas, by an indenture dated, &c., and ^".K^'y 
 made between E. F. of the one part, and the said C. D. of the o?™^"*,'"' 
 other part, for the consideration thei-ein mentioned, certain me"^^' to 
 hereditaments, situate, &c., were granted by the said E. F. unto '^^'^^'' 
 and to the use of the said C. D., his heirs and assigns for ever, '''''*'^' 
 and by an indenture bearing even date with the said indenture. ""<' contem- 
 
 " ° ' poraneous 
 
 the said E. F. entered mto a covenant with the said C. D. for ^^^ "' 
 
 covenant 
 
 the production of the deeds and writings comprised in the *J^jj^^°'' 
 schedule hereto, subject nevertheless to a proviso that in case °l^^^ 
 the said E. F., his heirs or assigns, should dispose of such of §g22^°J?^ 
 the hereditaments to which the said deeds and writings should purehMer°Sf 
 relate, as had not so been sold to the said C. D. as aforesaid, and JS'fti"'' 
 should deliver the same deeds and writings to such purchaser, Sgfnto 
 and should tliereupon> procure such purchaser to enter into a o™enant. 
 covenant with the said C. D. similar to the covenant therein- 
 before contained, then the said covenant should cease and 
 become void : And whereas, by an indenture dated, &c., and ^^^^1 
 made, &c., for the consideration therein mentioned, such of the o? roSSider 
 said hereditaments as were not so sold to the said C. D. as menfa!^'**" 
 aforesaid, have been granted by the said E. F. unto and to the 
 use of the said A. B., his heirs and assigns, for ever : And Arrange- 
 
 •II- mentthat 
 
 WHEREAS, upon the treaty for the last-mentioned sale it was purchaser of 
 
 ^ '' reuiamder 
 
 agreed that the said deeds and writings should be handed over ^^^^\^^^ 
 to and held by the said A. B. as such purchaser as aforesaid, fn^^o^J. 
 and that for the purpose of discharging the said E. F. from the °S|inTi"' 
 obligation of the said covenant for that purpose contained in cTenantor. 
 
 the said recited indenture of the day of , the said 
 
 A. B. should enter into such covenants in respect of the same 
 
 O G 2 
 
 Digitized by Microsoft® 
 
452 
 
 COVENAKTS FOR PRODUCTION. 
 
 FOR 
 PRODUCTION 
 OF DEEDS 
 
 BY ONE 
 
 PURCHASER 
 
 WITH A 
 
 FORMER 
 
 PURCHASER, 
 
 Delivery up 
 of original 
 deed of 
 covenant. 
 
 deeds and writings as are hereinafter contained : And whereas, 
 in consequence of such arrangement the said C. D. hath imme- 
 diately before the execution of these presents, delivered up to 
 the said E. F. the said recited indenture of covenant, dated the 
 day of , as he the said E. F. doth hereby acknow- 
 ledge : NOW THIS INDENTURE WITNESSETH, that in 
 pursuance of the aforesaid agreement, and in consideration of 
 the premises, &c. {Covenant by A. B.for the production of deeds, 
 dc,y to C, Z>. dc,, suprdj p. 445.) 
 In witness, &c. 
 
 The Schedule referred to in the above-written 
 Indenture. 
 
 FOR 
 PRODUCTION 
 
 WHERE 
 BALE MADE 
 UNDER 
 POWER OF 
 SALE AND 
 EXCHANGE. 
 
 Parties. 
 
 Recite 
 settlement. 
 
 Conveyance 
 bearing 
 even date to 
 purchaser. 
 
 No. VII. 
 
 DEED of Direction and Appointment to Peoduce 
 Title Deeds hy Trustees selling under a Power 
 of Sale and Exchange in a Settlement ; the 
 Tenant for Life joins to Covenant for Production 
 during his Life. 
 
 THIS INDENTURE, made the day of , Between 
 
 E. F. of, &c. aud G. H. of, &c. (trustees), of the first part, A. B. 
 of, &c. (tenant for life), of the second part, and C. D. of, &c. 
 (purchaser), of the third part : Whereas, under or by virtue 
 of an indenture of settlement dated, &,c., and made, &c., the 
 said A. B. is tenant for life in possession of divers heredita- 
 ments thereby settled, and the said E. F. and G. H., as the 
 trustees of the said indenture, have a power of sale and ex- 
 change over the said hereditaments exercisable at the request 
 of the said E. F. : And whereas, by an indenture bearing even 
 date with these presents, and made between, &c. (state parties) 
 the said E. F. and G. H., in exercise of the said power, and for 
 carrying into effect a contract for sale, have, at the request of 
 
 the said A. B., appointed a farm and lands called Farm, 
 
 situate in the parish of , in the county of , therein 
 
 more particularly described (being part of the settled heredita- 
 ments) to the use of the said C. D., his heirs and assigns, for 
 
 Digitized by Microsoft® 
 
COVENANTS FOK PEODUCTION. 453 
 
 FOB 
 PRODUCTION 
 
 WHERE 
 SALE MADE 
 
 UNDER 
 POWER OF 
 &AI.E AND 
 EXCHANGE. 
 
 ever : And WHEEEAS the deeds and writings comprised in the 
 schedule hereto relate not only to the hereditaments assured 
 by the said indenture of even date with these presents, but 
 also to other hereditaments remaining subject to the uses of 
 the said indenture of settlement : And whereas upon the That deeds 
 treaty for the said sale it was agreed that the said E. F. to'ouie^'' 
 and G. H. should make such direction and appointment, and nfents**^ 
 that the said A. B. should enter into such covenant in respect ubm of 
 of the said deeds and writings as are hereinafter respectively ^^^^ 
 contained: NOW THIS INDENTURE WITNESSETH, J'^tf^ t» 
 that, in pursuance of the said agreement in this behalf, The Appoint- 
 said E. F. and G. H. by force and virtue of all powers (if trustees 
 
 ,., 'i-i that personi 
 
 any) for this purpose vested in them under the said inden- entitled to 
 
 •> ' >: ^ _ custody of 
 
 ture of settlement or otherwise, do hereby direct and appoint deeds shau 
 
 •^ _ ^ *■ produce 
 
 that the person or persons who shall for the time being be the™- 
 entitled to the custody of the deeds and writings comprised 
 in the schedule hereto, shall, unless prevented by fire or 
 some other inevitable accident, from time to time and at all 
 times hereafter upon every reasonable request, and at the 
 cost of the said C. D., his heirs or assigns, produce or cause, 
 &c. (as in Precedent No. I., p. 445, to the end) : And the said g°'Slt 
 A. B. (so as to be liable during his life, and so as to bind also p/o^ucUMi. 
 so far as he can his successors in title, but so that his own estate 
 after his death shall not be answerable under this covenant) 
 doth hereby for himself, his successors in title, and assigns, cove- 
 nant with the said C. D., his heirs and assigns, that he the said 
 A. B., his successors in title, and assigns, shall and will at all 
 times and in all respects comply with and observe the direction 
 and appointment hereinbefore contained. 
 In witness, &c. 
 
 The Schedule befeered to in the above-written 
 Indentuee. 
 
 Digitized by Microsoft® 
 
454 
 
 COVENANTS FOE PEODUCTION. 
 
 No. VIII. 
 
 BY TENANT 
 FOK LIFE 
 POR PEODUC- 
 TION OP 
 DEEDS. 
 
 DEED of Covenant hy Tenant for Life mnder a settle- 
 ment for the Production of Title Deeds, where the 
 Trustees do not concur (a). 
 
 Parties, 
 
 Eecite con- 
 veyance of 
 even date. 
 
 That deeds 
 relate to 
 other pro- 
 perty of 
 tenant for 
 life. 
 
 Agreement 
 that he shall 
 retain deeds. 
 
 Witnessing 
 part. 
 
 Covenant 
 hy tenant 
 for life for 
 production, 
 
 &c, ' 
 
 THIS INDENTURE, made the day of , Between 
 
 A. B. of, &c. (tenant for life), of the one part, and 0. D. of, &c. 
 (pii/rchaser), of the other part: Whereas by an indenture 
 dated, &c., and made, &c. : All that, &c. (describe parcels 
 shortly), have been assured to the use of the said G. H., his 
 heirs and assigns for ever : And whereas the deeds and 
 writings comprised in the schedule hereto relate not only to 
 the hereditaments assured by the said indenture, but also to 
 other hereditaments of which the said A. B. is tenant for life 
 
 under an indenture of settlement, dated the day of , 
 
 and made between, &c. (state parties) : And whereas upon the 
 treaty for th§ said sale, it was agreed that the said A. B. should 
 retain the said deeds and writings, and enter into such cove- 
 nants in respect thereof as are hereinafter contained : NOW 
 THIS INDENTURE WITNESSETH, that in consideration 
 of the premises, the said A. B. (so as to be liable during his 
 life, and so as to bind also so far as he can his successors in 
 title, but so that his own estate after his death shall not be 
 answerable under this covenant) doth hereby for himself, his 
 successors in title, and assigns, covenant with the said C. D., his 
 heirs and assigns, that he the said A. B., his successors in title, 
 and assigns, shall and will, &c. (for production of deeds, dc, 
 supra, p. 445.) 
 In witness, &c. 
 
 The Schedule referred to in the above-written 
 Indenture. 
 
 (a) A direction and appointment by the trustees, as in the last Precedent, 
 seems to make the deed more complete ; but a covenant by the tenant for 
 life alone wiU for all practical purposes be equallv effective. 
 
 Digitized by Microsoft® 
 
COVEKANTS FOR PEODUCTION. 455 
 
 No. IX. 
 
 DEED of Covenant for Peodxtction of Two Sets of fob 
 Deeds hy the respective Holders of such Deeds. of two bets 
 
 or DEEDS. 
 
 THIS INDENTURE, made the day of , Between parties. 
 
 A. B. of, &c. {vendor, and one of the covenantors), of the first 
 part, C. D. of, &c. {other covenantor), of the second part, 
 and E. F. of, &c. {^purchaser), of the third part {Recite con- 
 veyance to purchaser hy deed of even date) : And whereas the Eeoite con- 
 deeds and writings comprised in the first part of the schedule purchaser, 
 hereto relate not only to the hereditaments conveyed by the 
 hereinbefore recited indenture, but also to other hereditaments 
 of the said A. B. of greater value : And whereas the deeds and That deeds 
 writings comprised in the second part of the said schedule relate relate aiao 
 not only to the hereditaments conveyed by the hereinbefore re- covenantors 
 cited indenture, but also to hereditaments of greater value tiveiy. 
 lately sold and conveyed by the said A B. to the said C. D. : 
 And whereas it has been agreed that the said deeds and Agreement 
 writings comprised in the first part of the said schedule shall custody of 
 be retained by the said A. B., and that the said deeds and 
 writings comprised in the second part of the said schedule shall 
 be delivered to the said 0. D., and that the said A. B. and C. D. 
 respectively shall enter into the covenants hereinafter contained : 
 And whereas the said deeds and writings comprised in the 
 second part of the said schedule have accordingly been delivered 
 to the said CD. : NOW THIS INDENTURE WITNESSETH, witnessing 
 that in pursuance of the said agreement, and in consideration of ^^ 
 the premises, the said A. B., as to the deeds and writings com- one cove- 
 
 • i»7/» PI Till 11 •! iiantor as to 
 
 prised in the first part oi the schedule hereto, and the said one set of 
 
 7-t -r>. Ill 1-- -l-l 1 ^^^^< ^Ud 
 
 C. D., as to the deeds and writings comprised in the- second another 
 
 ' . covenantor 
 
 part of the said schedule, do hereby for themselves respectively ^^^'^^l 
 and their respective heirs, executors, administrators, and assigns, 
 covenant with the said E. F., his heirs and assigns, that they 
 the said A. B. and C. D. respectively, and their respective heirs 
 
 Digitized by Microsoft® 
 
456 
 
 COVENANTS FOR PRODUCTION. 
 
 PROMOTION ^^^ assigns, shall and will, &c. (Covenant for the production of 
 °oF™EEra" *^' *'*« '^^^^s, dc, supra, p. 443.) 
 
 covenant ^^ WITNESS, &C, 
 
 for produc- 
 tion, &c. rpjjg Schedule referred to in the above- written 
 
 Indenture. 
 
 The First Part. 
 
 The Second Part. 
 
 FOB. 
 
 PRODUCTION 
 
 OF DEEDS BY 
 
 DIFFERENT 
 
 PERSONS. 
 
 No.X. 
 
 DEED of Covenant for Production of Deeds by Dif- 
 ferent Persons as to Different Deeds, One 
 _ of the Covenantors being Owner in Fee, 
 
 Another a Mortgagee, Others being a Tenant 
 FOR Life and Eemainderman, and Others being 
 Trustees. 
 
 Parties. THIS INDENTUKE, made the day of , Between, 
 
 A. B., of, &c. (owner of one third part of property), of the first^ 
 part, C D. of, &c. (mortgagee of one other third part), of the 
 second part, E. F. of, &c. (tenant for life of same third part), 
 of the third part, G. H. of, &c. (tenant in remainder of same), 
 of the fourth part, I. K. of, &c., and L. M. of, &c. (devisees in 
 trust for sale of remaining third part), of the fifth part, 
 and N. 0. of, &c. (purchaser), of the sixth part (Recite con- 
 veyance to purchaser by deed of even date) : And whereas 
 the hereditaments comprised in the hereinbefore recited in- 
 denture were immediately before the said sale thereof, vested 
 in the persons parties hereto of the first five parts respec- 
 tively, according to the shares and interests following (that 
 is to say), one undivided third part or share thereof was vested 
 in the said A. B. in fee simple ; one other undivided third part 
 or share thereof was vested in the said C. D. as mortgagee in fee 
 simple, and the equity of redemption of the same part or share 
 was vested in the said E. F., during his life, with remainder to 
 the said G, H. in fee simple ; and the remaining one undivided 
 
 Eeoite 
 that imme- 
 diately "be- 
 fore Bale the 
 purcliased 
 property 
 nelonged 
 to parties 
 thereto of 
 the first 
 five parts 
 according 
 to the 
 shares and 
 ' interests 
 therein 
 mentioned. 
 
 Digitized by Microsoft® 
 
COVENANTS FOR PRODUCTION. 457 
 
 third part or share of the said hereditaments was vested in the ^"^ 
 
 •J T T^ , _ -_ , . . PnODnCTIOM 
 
 said 1. K. and L. m. as devisees in trust for sale : And whereas o" deeds by 
 
 . - ^ . . DIFFERENT 
 
 the deeds and Avritmgs comprised in the schedule hereto, relate '•^'^°''"- 
 as well to the hereditaments comprised in the said indenture as That deeds, 
 . to other hereditaments of greater value held by the same title, reiate"i^o 
 and the deeds and writings comprised in the first part of the pro^perty 
 said schedule, are in the custody of the said A. B. ; the deeds same^t^fe." 
 and writings comprised in' the second part of the said schedule 
 are in the custody of the said C. D. as mortgagee ; and the 
 deeds and writings comprised in the third part of the said 
 schedule, are in the custody of the said I. K. and L. M. : And Arrange- 
 WHEREAS it has been agreed that the said deeds and writings Ss shlu 
 shall remain in the custody in which the same respectively are present'" 
 now as aforesaid, and that the persons parties hereto of the first and that 
 five parts respectively, shall enter into such covenants with should be 
 respect thereto as are hereinafter contained : NOW THIS i"*". 
 INDENTUEE WITNESSETH, that in pursuance of the'^T"'"" 
 said agreement, and in consideration of the premises, The said covenant 
 A. B., as to the deeds and writings comprised in the first part of'the'fl'ret 
 of the schedule hereto : And the said C. D., E. F., and as^o^'dlt-"' 
 G. H., as to the deeds and writings comprised in the second forproduc- 
 parfc of the said schedule : And the said I. K. and L. M., as 
 to the deeds and writings comprised in the third part of the 
 said schedule (but so that as regards the said C. D., I. K., and 
 L. M. respectively, they shall be personally liable under this 
 covenant so long only as the said deeds and writings shall 
 remain in their respective custody, and so that as regards the 
 said E. F., he shall be liable during his life only, and as regards 
 the said G. H., his liability shall not commence until the death 
 of the said E. F., and so also that all the covenants shall bind 
 so far as is possible all persons into whose hands the said deeds 
 and writings shall come,) do hereby for themselves respectively, 
 and their respective heirs, executors, administrators, and assigns 
 respectively, covenant with the said N. 0., his heirs and assigns> 
 That the said covenanting persons respectively, and their 
 respective heirs and assigns, shall and will, unless prevented by 
 fire or some other inevitable accident, from time to time, and 
 at all times hereafter, upon every reasonable request, and at the 
 cost of the said N. 0., his heirs or assigns, produce or cause to 
 be produced unto him or them, or his or their solicitors or 
 agents, or at any trial, hearing, commission, or examination, or 
 otherwise as occasion shall require, all or any of the deeds and 
 
 Digitized by Microsoft® 
 
458 COVENANTS POK PEODUOTION. 
 
 PKODDOTioN writings comprised in the schedule hereto, &c. {as in Precedent 
 Z^^ No. I, p. 446 to the end.) 
 ''™°''^- In witness, &c. 
 
 The Schedule eefehred to in the above-weitten 
 Indenture. 
 
 First Part. 
 
 Second Part. 
 
 Third Part. 
 
 Digitized by Microsoft® 
 
MOETaAaES. 
 
 It is proposed in this Dissertation to consider — J'j'gXecJ 
 I. The usual form of a mortgage of freehold, copyhold, 
 and leasehold property respectively. II. Equitable 
 mortgages by deposit of title deeds. III. The nature 
 and incidents of the mortgagor's estate, and particularly 
 his right or equity of redemption. TV. The remedies 
 of the mortgagee to recover his debt. V. The powers, 
 duties, and liabilities of a mortgagee in possession. 
 VI. The effect of the Statutes of Limitation as 
 between mortgagor and mortgagee. VII. The order 
 of liability of the mortgaged property and the general 
 estate of the mortgagor or other person liable to the 
 debt. VIII. Mortgages under powers including mort- 
 gages by executors. IX. The rights and priorities of 
 mortgagees and incumbrancers amongst themselves, 
 the protection afforded to purchasers and mortgagees 
 against concealed trusts and incumbrances by the pos- 
 session of the legal estate, the doctrine of tacking, 
 notice actual and constructive, and the consequence of 
 laches on the part of a mortgagee particularly in refer- 
 ence to the title deeds. X. Some precautions to be 
 observed by a person advancing money on mortgage. 
 XI. The provisions of the 23 & 24 Vict. c. 145 (com- 
 monly called Lord Cranworth's Act), relating to 
 mortgages. XII. Transfers of mortgages and recon- 
 veyances. XIII. Stamps on mortgages and deeds 
 relating to mortgages. 
 
 I. The usual form of a mortgage of a freehold, copy- 
 hold, and leasehold property respectively. 
 
 A mortgage of freeholds was formerly usually made Ancient 
 so as to vest only a term of years in the mortgagee, Sor4^g 
 
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460 MORTGAGES. 
 
 and without a power of sale. This was often found 
 inconvenient, as, in the first place, it conferred on the 
 mortgagee an estate of less value in many respects 
 than freehold, and which, in case he eventually became 
 by foreclosure the absolute owner, devolved on a class 
 of representatives different from those who. would in 
 the general way inherit his real estate ; and, in the 
 next place, it obliged him to resort to a Court of Law 
 under the covenant, or to a Court of Equity for a fore- 
 closure or sale, in order to obtain satisfaction of his 
 debt in case of default. 
 FJ™ of The above and other reasons led to the general dis- 
 
 mortgage, ^gg of mortgages for terms of years, and to the practice 
 of taking mortgages for all the estate and interest of 
 the mortgagor ; • and it is seldom that a mortgage is 
 now prepared without the introduction of a power of 
 sale, for the purpose of enabling the mortgagee, with- 
 out legal proceedings, to render his security immediately 
 available in case of default. 
 parts^SFa Accordingly, the form of mortgage of freehold estates 
 mortgage. ^^^ -^^ Ordinary use is a grant by the mortgagor to the 
 mortgagee in fee simple, subject to a proviso that if the 
 money is paid on a day named, which is usually six 
 months from the date of the deed, the mortgagee shall 
 reconvey the property to the mortgagor. Then follow 
 covenants by the mortgagor with the mortgagee for 
 payment of principal and interest on the appointed 
 day, and if the principal is not paid on that day, for 
 the future payment of interest half-yearly : then, if 
 the property consists of houses or buildings, a covenant 
 for insurance, with provisions enabling the mortgagee 
 to insure, in case of the mortgagor's default : then 
 covenants for title, which are always absolute ; and, 
 lastly, the power of sale. 
 mortg^e of A mortgage of copyholds is usually effected by a 
 copyholds, surrender to the mortgagee, subject to a condition for 
 making the surrender void on payment of principal and 
 interest on a given day. The surrender is accompanied 
 or preceded by a deed containing covenants for pay- 
 ment of principal and interest, and for insurance (if 
 necessary), covenants for title, and a power of sale, 
 similar to the covenants and power contained in a 
 mortgage of freeholds. The mortgagee is seldom ad- 
 
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MORTGAGES. 461 
 
 mitted, as tliat would involve the payment of a fine, 
 and would render the mortgagee liable to the customary- 
 services ; and it would also involve the necessity of a 
 re-admission of the mortgagor on the mortgage being 
 paid off. On the repayment of the mortgage money, 
 the rnortgagee, if he has not been previously admitted, 
 usually gives a warrant to the steward to vacate the 
 surrender, and a receipt for the mortgage money should 
 be indorsed on the deed accompanying or preceding 
 the surrender. 
 
 Mortgages of leaseholds are made either by assign- ,^°™°'gof 
 ment for all the term and interest of the mortgagor, or i"^efio!ds. 
 by underlease for all the term except the last day or the 
 last few days. The latter course should generally be 
 adopted where the rent reserved by the lease is more 
 than nominal, or the covenants are onerous ; for if the 
 mortgagee takes an assignment, a privity is established 
 between him and the lessor, and he may be sued for 
 the rent or for a breach of any of the covenants. 
 
 The proviso for redemption should provide for the Fomi of 
 reconveyance of the property to the mortgagor, accord- miJmption. 
 ing to his former estate, or if the property is in settle- 
 ment, to the uses subsisting under such settlement. 
 
 If, however, it is intended that the deed shall 
 operate not only as a mortgage but also as a resettle- 
 ment of the property to different uses, or to alter in 
 some mode the rights and interests existing in it, 
 subject to the mortgage, such an intention should be 
 clearly expressed. A mere reservation of the right of Effector 
 
 1 , * , TO} ' p L^ ' Ml reservation 
 
 redemption to uses aittermg irom the prior uses, will of right of 
 not be sufficient if the difference is such as may be t^ aiffCTent 
 supposed to arise from inaccuracy or mistake (a), ''^^^^ 
 though if the difference is such as to show clearly an 
 intention to alter the existing uses, such an intention 
 will prevail. Thus, if on a mortgage by a tenant in 
 fee the equity of redemption should be reserved to him 
 in tail, yet the land would, subject to the mortgage, 
 revert to him in fee simple in the absence of a more 
 evident intention to resettle the estate (6). But in 
 a case (c) where a tenant in tail under a will suffered 
 
 (a) 1 Sug. Pow. 349, 350. Jackson, 16 Ves. 367. 
 
 (6) Per Lord Elclon in Innes v. (c) Anson v. Lee, 4 Sim. 364, 
 
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462 MOETGAGES. 
 
 a recovery to such, uses as he should appoint by deed 
 or will and subject thereto to the uses of the wiU, and 
 afterwards made a mortgage of part of the estate in fee 
 and limited the equity of redemption to the prior uses, 
 and then joined in a transfer of the mortgage and 
 reserved the equity of redemption to himself in fee, 
 it was held that the equity of redemption did not revert 
 to the old uses. 
 Eeservation Again, on a mortgage of a wife's lands to secure her 
 ?eaemption husbaud's debts, if the equity of redemption is reserved 
 fand*^ to the husband and his heirs, without any further 
 expression of intention to alter the previous rights, the 
 equity of redemption will result to the wife, but if the 
 mortgage should be for a term of years, and the proviso 
 for redemption should direct that upon payment of the 
 money the property should be reconveyed to the hus- 
 band or to uses other than to the wife, the equity of 
 redemption would belong to the husband, or go accord- 
 ing to the uses limited (e). In Martin y. Mitchell (/), 
 the right of redemption was reserved to such uses as 
 the husband and wife should appoint, and in default of 
 appointment to the use of the wife in fee, and the 
 Court doubted whether the wife's estate was altered. 
 But it seems clear that a proviso for redemption in the 
 form last mentioned, would now be deemed sufficient 
 evidence of the wife's intention to enable herself, with 
 the concurrence of her husband, to deal with the 
 property without a fine or acknowledged deed {g). 
 Mortgages The Same principles apply to mortgages executed 
 powers. under powers where the right of redemption is reserved 
 
 to uses different from those previously existing (h). 
 
 Covenants The coveuant for payment of the principal money 
 
 priScfpai, follows the proviso for redemption, unless (as is a not 
 
 unusual practice) it is made to precede the grant of the 
 
 land. The day fixed for payment is generally six months 
 
 kiferest ^^'^'^ ^^ ^^^^ °^ ^^ mortgage. Then follows another 
 
 (e) Jackson v. Innes, 1 Bligh, (/) 2 Jac. & Walk. 413. 
 
 104, 136 ; Reeve v. Hicks, 2 Sim. & (n) Atkinson v. Smith, 3 De G. 
 
 Stu. 403 ; Wood v. Wood, 7 Beav. & J. 186. 
 
 183 ; Stansfield v. Hallam, 29 Law J. \h) Whitbread v. Smith, 3 De G 
 
 (N. S.) Ch. 173 ; Lord Hastings v. M. & G. 727 ; Heather v. O'Neil, 2 
 
 Astley, 30 Beav. 260 ; Pigott v. De G. & J. 399. 
 
 Pigott, L, E. 4 Eq. 549. 
 
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MORTGAGES. 463 
 
 covenant, in case the principal is not paid on the ap- 
 pointed day, to pay interest thereon half-yearly. Under 
 the latter covenant arrears of interest can be sued for 
 without requiring payment of the principal. 
 
 It is not unusual, with a view to secure the punctual Provision 
 payment of iiiterest, to provide for its payment in the rate of "' "'° 
 first instance at a higher rate than is intended to be pun^Li'" 
 taken, with a proviso reducing it to the stipulated rate, ^"'^'""' ' 
 in case of punctual payment on the proper half-yearly 
 day, or within a short time (generally one month) 
 thereafter. It would seem the more direct plan to 
 make the interest payable, in the first instance, at the 
 stipulated rate, and to provide for an increased rate in 
 default of punctual payment. But such a provision 
 would not answer the purpose, as it would be regarded 
 in the light of a penalty and relieved against (i). 
 
 Sometimes it is stipulated, particularly where the Provisions 
 loan is one of a large amount, that the loan shall re- HnuTng'ioan 
 main on the security for a term certain. This is usually certain™ 
 effected by making the principal money payable, in the 
 first instance, at the usual time, with provisions ; first, 
 that the mortgagee shall not call in the money before 
 the end of the term agreed on, if the interest is 
 punctually paid, and the mortgagor's covenants (if 
 any) are duly performed in the meantime ; and, 
 secondly, that the mortgagor shall not be at liberty 
 to pay off the money before the end of the term 
 agreed on, unless the mortgagee shall be willing to 
 receive it. 
 
 It is a well established rule that a mortgagee, whose Rui<! that a 
 money is not paid at the appointed day, is entitled to mustgive'^^ 
 six months' notice previously to his being paid off", or to n^£™ '^ 
 six months' interest, (/c) unless it be paid in pursuance of paying off, 
 
 ' \ / _ . . ■*■ . i _ ^ . . _. or nav sir 
 
 or pay six 
 
 a demand made, or proceedings instituted by him (I), months 
 
 interest 
 
 Where there is a provision to continue the loan for a 
 term certain, it seems doubtful whether the mortgagor 
 would not be entitled to pay it at the end of the period 
 without giving the six months' notice, and it is there- 
 fore prudent to provide for this by the deed. 
 
 The covenants for title in a mortgage are, according covenants 
 
 (i) Nicholls V. Maynard, 3 Atk. Q) Letts v. Hutching, L. E. 13 Er^. 
 519. 176. 
 
 {h) See Day v. Day, 31 Beav. 270. 
 
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464 MORTGAGES. 
 
 i?e™l ■to ^^^ establislied practice, absolute, and not. (as in a 
 ^blS conveyance on a sale) limited to the acts of the grantor. 
 The reason for the difference seems to be that the mort- 
 gagee is entitled to the best security that the mortgagor 
 can give him, and as the only damages which could be 
 recovered by the mortgagee for a breach of the cove- 
 nants for the title, would be the amount due on -the 
 mortgage, which the mortgagor is bound in any case to 
 pay, he cannot complain Of the unqualified liability. 
 No doubt this is so, while the mortgage continues, and, 
 in fact, during that period the covenants, whether abso- 
 lute or qualified, are of no value, if the deed also con- 
 tains a covenant by the mortgagor to pay the money, it 
 being the obvious course to proceed on the latter, and 
 not on the former covenants. But if the mortgagee sells 
 under the power of sale, the covenants for title enure to 
 the benefit of the purchaser, and there seems no reason 
 why, as regards him, the mortgagor should remain sub- 
 QuKre- ject to absoluto covenants. It would, therefore,' appear 
 principle more in accordance with principle, if the covenants for 
 nants should title iu a mortgage were qualified as in a conveyance on 
 qualified, a salc ; but the present practice is firmly established, and 
 the answer to any objection which might be raised by 
 the mortgagor to absolute covenants, on the ground 
 above referred to, would probably be that it is his own 
 fault if he allows the property to be sold under the 
 power. 
 
 At all events, in cases where a mortgage is made by 
 trustees for specified purposes, and a limited owner, e.g., 
 a tenant for life, who does not receive the money, enters 
 into covenants for title, it is conceived that he might 
 successfully insist on their being qualified. 
 Covenants If a material part of the property consist of buildings, 
 agaSisTflre. there would be a covenant by the mortgagor to insure, 
 and a provision enabling the mortgagee to insure in case 
 of the mortgagor's default, and to add the money paid 
 for premium to the mortgage debt. In the absence of 
 such a covenant and provision, the mortgagee would not 
 (except under 23 & 24 Yict. c. 145, sec. 11), be entitled 
 to insure and to charge the mortgagor with the 
 premiums (n). 
 
 (m) Dobson v. Laud, 8 Hare, 216 ; 137 ; Brooke v. Stone, 34 L. J. Ch. 
 Bellamy v. Breckenden, 2 J. & H. 251. 
 
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MORTGAGES. 465 
 
 In the Precedents in tliis collection, a provision is f^Jjf^™ 
 inserted (in accordance with what is believed to have {^"jl^^* 
 been a weU estabhshed practice) that any money re- jJJ™™°''° 
 ceived for insurance shall be appHed at the option of «'*erin 
 
 -t-T , X^ repayment 
 
 the mortff agree either towards repaymer the mortaraffe "'?'!'>'. 
 
 _ - ,00^ ^ ^ Jr t/ o p , o or in rein- 
 
 debt or m reinstating the premises. Such a provision stating the 
 
 & ■^Trt-i-i premises, 
 
 is, however, stated m a work of authority to be not defenaea. 
 very usual, and not very fair towards the mortgagor, as 
 if the money is applied towards repaying the debt, the 
 mortgagor may be left without the means of rebuild- 
 ing (0). But on the other hand, it is hard on the 
 mortgagee, who may want to be paid oflP, to be neces- 
 sarily kept out of the money while the property is 
 rebuilding. On the whole, it is difficult to see any 
 unfairness in the provision in question. If the mort- 
 gagor's credit is good, and the site valuable, it is 
 unlikely that the mortgagee would wish to have the 
 money, and if he does, the mortgagor will have no 
 difficulty in procuring what is required for rebuilding 
 elsewhere, while in the reverse case the mortgagee 
 ought to be allowed to realise at once. 
 
 The power of sale is considered in a subsequent part ^"^^""^ 
 of this Dissertation. 
 
 If a proprietor of land has registered his title under ^^^^ 
 the "Land Transfer Act, 1875," he can only create a-f^l.l""''- 
 legal mortgage, or, to speak more correctly, a mortgage 
 which will be good against subsequent registered deal- 
 ings with the land, by following the directions of the 
 Act. The mortgage must be in the form prescribed by 
 the Eules and Orders dated the 24th of December, 
 1875, with such alterations and additions only as are 
 necessary to meet 'the circumstances of the case (p) ; 
 and the instrument of charge must be attested by a so- 
 licitor, and duly verified, and left with the registrar (q), 
 who will thereupon proceed to register it. The legal 
 effect and operation of a registered charge is described 
 in sections 22 to 28 inclusive of the Act. 
 
 (o) Dav. Conv., vol. 2, p. 784, (p) Rule 58. 
 2nked. h) E^ileSO. 
 
 VOL. t. ^^ 
 
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466 
 
 MORTGAGES. 
 
 Equitable 
 mortgage 
 T)y deposit 
 of deeds. 
 
 Delivery 
 of deeds to 
 prepare a 
 mortgage. 
 
 Effect of 
 security by 
 deposit of 
 
 II. Equitable-mortgages by deposit. 
 
 An equitable mortgage of lands or other property 
 may be created by a deposit of the title deeds relating 
 to them (r), or of a material portion of such deeds (s), 
 or of one old deed falsely stated to be the only deed, 
 there being in fact many subsequent ones (t), or, in the 
 case of copyholds, by a deposit of copies of the court 
 rolls, although there may be no accompanying memo- 
 randum or agreement expressive of the intention of the 
 parties. And in a recent case it was held that a written 
 order given by A. to B., directing C, a prior equitable 
 mortgagee, to deliver to B. the title deeds so soon as 
 his (C.'s) lien was satisfied, gave B. a valid equitable 
 mortgage on the property to which the deeds re- 
 lated (u). It is, of course, assumed that there is no 
 circumstance in the case to rebut the inference that the 
 deposit was made to secure the debt. In Chapman v. 
 Chapman (x), it was held that the mere .fact of a bond 
 creditor producing the title deeds a great many years 
 after the alleged transaction, without explanation or 
 evidence to show any connection between the bond 
 debt and the possession of the title deeds, would not 
 operate as an equitable security. 
 
 If upon an actual advance the deeds are deHvered to 
 the lender, or to his attorney, for the purpose of pre- 
 paring a mortgage, such delivery will operate as an 
 equitable security for the same [y). 
 
 A deposit of title deeds, without any memorandum, 
 operates primd facie as an equitable security only for 
 the sum due from the mortgagor at the time of the 
 deposit, but parol evidence may be adduced to show 
 that the deposit was made to secure future advances as 
 well as the existing debt, and in that case the deposit 
 will be a good equitable security for the future ad- 
 vances as well(z); and even where a memorandum 
 
 (r) Eussel v. Russel, 1 B. 0. 0. 
 269 ; Edge v. WortHngtoii, 1 Cox, 
 211 ; Ex parte Haigh, 11 Ves. 403 ; 
 Hiorn v. Mills, 13 ves. 114 ;Exparte 
 Mountford, 14 Ves. 606. 
 
 (s) Lacon v, Allen, 3 Drew. 579 ; 
 Roberts v. Croft, 24 Beav. 223. 
 
 (t) Dixon V. Muokleston, L. R. 
 8 Ch. 155. 
 
 (X) 
 
 Iv) 
 
 211; 
 141; 
 55. 
 
 209. 
 
 Daw V. Terrell, 33 Beav. 218. 
 13 Beav. 308. 
 
 Edge V. Worthington, 1 Cox, 
 Hockby v. Bantock, 1 Russ. 
 Keys V. Williamg, 3 Y. & C. 
 
 Ex parte Wliitbread, 19 Ves. 
 
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MORTGAGES. 467 
 
 accompanies the deposit, and such memorandum does 
 not state that the deeds have been lodged with the 
 mortgagee to secure future advances, yet the security- 
 will extend to them if it can be proved by parol 
 evidence that it was intended that the security should 
 operate to that extent (a). 
 
 It is not, however, prudent to deposit title deeds J^^J/^ft""' 
 under any circumstances without a memorandum or without 
 
 •^ I -, • /» 1 1 meraoran- 
 
 agreement, clearly statmg for what sum the property aim- 
 comprised in the deeds is to be an equitable security. 
 
 An equitable mortgagee, by deposit of a lease, cannot Jep'^osit ot 
 be compelled by the lessor to take a legal assignment, i^""- 
 and does not become liable to him in respect of the rent 
 and covenants in the lease, although he may take pos- 
 session (6). 
 
 Where land is registered under the " Land Transfer °«p°«^* 
 Act, 1875," the deposit of the land certificate in the^^rtmcj^^^ 
 case of freehold land, and of the office copy of the re- ^^''" 
 gistered lease in the case of leasehold land, for the pur- 
 pose of creating a lien on such land, is equivalent to a 
 deposit of the title deeds (c). 
 
 III. The nature and incidents of the mortgagor's 
 estate, and particularly his right or equity of re- 
 demption. 
 
 If, as is usually the case, the money is not paid at Eff^^t rf_ 
 the time appointed in the proviso for redemption, the ^^j^^^ 
 estate of the mortgagee becomes absolute at law ; but money at 
 the Court, in exercise of its equitable jurisdiction, pointed 
 enables the mortgagor at any time to redeem on pay- 
 ment to the mortgagee of the principal and interest 
 due, together with the costs properly incurred by him 
 in relation to the security ; hence the estate of the 
 mortgagor, after the day has passed without payment, 
 is called an equity of redemption. 
 
 A mortgagee is entitled to six months' notice before f^^^^^ 
 he can be redeemed, but if at the end of that time the ^^t™™*""' 
 full amount due to him is tendered, he must accept 
 
 (a) Ex mrte Kensington, 2 Ves. (N. S.) Ch. 389 ; see also Moores v. 
 & Bea. 79. Choat, 8 Sim. 508 j WiUiams v. 
 
 (ft) Moore v. Gregg, 2 Phil. 7l7 Bosanquet, 1 Br. & B. 238. 
 (overruling Lucas v. Comerford, 8 (c) Sec. 81. 
 Sim. 499) ; Cox v. Bishop, 26 L. J, 
 
 R B 2 
 
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468 MORTGAGES. 
 
 it ; and if he refuses, he wUl be made liable to the 
 costs of the redemption suit thereby made neces- 
 sary {d). 
 Tacking as It ofton happous that when a mortgagor comes to 
 mortg^or redeem, the mortgagee claims to be paid not only the 
 money secured by the particular mortgage, but also 
 some other debt ; in other words, to tack the two debts 
 together. 
 Tacking one Thus, if a persou makes two separate mortgages of 
 
 mortgageto . ' J^ . , ,, ^ . j. 
 
 another, distiuct proportics to the same mortgagee, to secure 
 separate debts, the rule of equity is that the mortgagor 
 shall not redeem one of the mortgages without re- 
 deeming the other, assuming that the time has arrived 
 for redeeming both (e). And where a mortgage of one 
 estate is made to one person, and of another estate to 
 another person, and both the mortgages are afterwards 
 transferred to the same person, the transferee is en- 
 titled to tack (/). So where A. mortgaged an estate 
 to B., and another estate to C, and then became bank- 
 rupt, and afterwards B. took a transfer of C.'s mort- 
 gage, it was held that B. was entitled to tack the one 
 mortgage to the other {g). The rules as to tacking 
 apply as well to mortgages of equitable personalty as 
 to mortgages of real estate (h). 
 
 othCT^bts. Debts which form a hen on the estate may be tacked 
 against the niortgagor and his representatives^ Thus, 
 if a mortgagee afterwards lend a further sum either on 
 a further charge of the property, or on a judgment, he 
 may tack such further sum to the original debt as 
 against the mortgagor and his representatives, and also 
 against all subsequent encumbrancers of whom he had 
 no notice. This right, so far as regards a judgment 
 debt, is founded on this, that a person who after a 
 mortgage made to him advances money on a judgment 
 is presumed to have looked to the land as the security; 
 but the doctrine does not apply to a judgment creditor 
 who after the judgment lends money on a mort- 
 
 {d) Smitli V. Gfeen, 1 Col. 555 ; (g) gelby v. Pomfret, 7^Iur. N. S. 
 
 Harmer v. Priestley, 16 Beav. 569. 835. See also on this subject Beevor 
 
 (e) Jar. Con. by Sweet, 436, 437, v. Lawson, L. E. 4 Eq. 537. 
 
 438. (h) Watts V. Symes, 1 De G. M. 
 
 (/) Vint V, Padgett, 2 De G. & & G. 240. 
 J. 611. 
 
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MORTaAGES. 469 
 
 gage (i). In such a case the judgment creditor was not 
 (at least under the old law) considered to lend his 
 money on the faith of the land, and therefore could not 
 tack his judgment to the mortgage ; and the better 
 opinion is that the right of tacking as applied to judg- 
 ment creditors is not affected by the Acts of the pre- 
 sent reign (k). But a judgment creditor who advances 
 money to his debtor on mortgage without notice of an 
 intervening judgment, may tack both his debts as 
 against the second judgment (Z), 
 
 AH simple contract and specialty debts may be tacked 
 to a mortgage debt as against the heir, devisee, or exe- 
 cutor of a mortgagor, where the equity of redemption is 
 assets (m). 
 
 A further advance cannot be tacked to a prior legal 
 mortgage upon the strength of a parol agreement to 
 that effect (n). 
 
 All persons having any estate or interest in the equity f^^j^^l ^^ 
 of redemption are entitled to redeem. Consequently, "deem. 
 the trustee of a bankrupt may redeem, as well as subse- 
 quent mortgagees and judgment creditors (o). A first 
 mortgagee must accept payment of the mortgage debt 
 from the second mortgagee, and convey to him the 
 mortgaged estate, although it may be doubtful whether 
 the second mortgagee could oblige him to assign the 
 debt (p). 
 
 Sureties for the payment of the mortgage debt may smetieB. 
 also redeem. It has been decided that if a mortgagee 
 advances a further sum to the mortgagor on a further 
 charge of the property, the surety cannot redeem the 
 mortgage without paying the further advance as well as 
 the original sum (q), but the soundness of this decision 
 
 (i) Brace v. Duchess of Marl- aa actual estate or interest in equity 
 
 borough, 2 P. Wms. 491. in the debtor's land, and although 
 
 (k) See 1 & 2 Vict. c. 110 ; 27 & the recent Act, 27 & 28 Vict. c. 112, 
 
 28 Vict. c. 112. provides that no judgment shall 
 
 (l) Smithson v. Thompson, 1 Atk. affect land until execution, the 
 
 520. court •mH, as heretofore, allow 
 
 (m) Eolfe V. Chester, 20 Beav. a judgment creditor after he has 
 
 610 ; Thomas v. Thomas, 22 Beav. sued out the writ of ehgit to re- 
 
 341. deem, and thus remove the legal 
 
 (n) Ex parte Hooper and Others, impediment to his execution. See 
 
 1 Mer. 7. suprA, p. 157. 
 
 (o) A judgment creditor had, by (p) Smith v. Ureen, 1 Uoi. 555. 
 
 virtue of 1 & 2 Vict. c. 110, sec. 13, (q) Williams v. Owen, 13 Sim. 597. 
 
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470 MORTGAGES. 
 
 is very questionable (r). Where distinct sums are ad- 
 vanced at tlie same time on distinct securities, and a 
 third person becomes security for one of the sums with 
 knowledge of the whole transaction, the mortgagee wUl 
 be entitled to tack both the debts, and to retain the 
 securities for them against the surety until both sums 
 are paid (s). 
 Tenant for Where au equity of redemption is settled, the tenant 
 for Hfe has a right to redeem in preference to persons 
 entitled in remainder {t), but having redeemed, he can- 
 hot compel those in remainder to redeem him. He may 
 make the remaindermen parties to a redemption suit 
 instituted by him against the mortgagor, so that they 
 may be present at the taking of the accounts; he must, 
 however, pay the costs of such remaindermen, and add 
 them to his mortgage, and on his death his represen- 
 tative may file a bUl of foreclosure against the re- 
 maindermen (u).. 
 
 The personal representative of a deceased mortgagor 
 of real estate is not entitled to redeem (x). 
 Krof By 4 & 5 W. & M. c. 16, it is provided that if any 
 w mSt^^OT person having once mortgaged, shaU again mortgage, 
 second ^^'^ s^^^l ^^^ discover, to the second mortgagee the 
 "oMSS'g former mortgage, he shall have no relief or equity of 
 til.! fust. ° redemption against such second mortgagee, and the 
 second mortgagee shall hold the land freed from the 
 equity of redemption, and as fuUy as if his mortgage 
 had been an absolute purchase. It has been decided 
 that the statute being penal in its character, must be 
 construed strictly, and that neither an equitable mort- 
 gagee by deposit of title deeds, nor a mortgagee under 
 a deed in the form of a further charge without a pro- 
 viso for redemption, is a second mortgagee within the 
 meaning of the Act ; and moreover that the Act 
 confers no active remedy which can be enforced in 
 equity {y). 
 Slor ^ mortgagor in possession is treated in equity as 
 
 (r) See Newton v. Chorlton, 10 215. 
 
 Hare, 662; Pearl v. Deacon, 24 (tt) EUey w Croydon, 2 Dr. & Sm 
 
 Beav. 180. 293. 
 
 (s) rairbrother v. Wodehouse, 23 (x) Cattley v. Simpson, 34 L J 
 
 Beav. 18. Ch. 96. 
 
 (0 Ravald «. Russell, 1 Younge, (y) Kennard v. Futvoye, 2 Gif. 
 
 19 ; Raffety v. King, 1 Keen, 618 ; 81. 
 Wicks V. Scrivens, 1 John, & Hem, 
 
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MORTGAGES. 471 
 
 owner of the mortgaged property for most purposes, s?oii°^^°'' 
 and he may exercise all ordinary acts of ownership. 
 Thus, he may cut timber, unless the estate without the 
 timber is a scanty security (z), and he may bring ac- 
 tions at law in his own name for the recovery of rents 
 and profits, or to prevent or recover damages, in respect 
 of any trespass or other wrong relative to the mort- 
 gaged property, unless the cause of action arises on a 
 lease or other contract made by him jointly with any 
 other person (a). But if a mortgagee takes posses- 
 sion, he is not bound by any lease or tenancy created 
 by the mortgagor, unless under a power expressly 
 reserved to the latter for that purpose. 
 
 A mortgagor with a power of leasing may grant a ^^{Js<«oj^ 
 lease to a trustee for himself (6). i7 leasing. 
 
 IV. — The remedies of the mortgagee to recover his 
 debt. 
 
 A mortgagee has several remedies for the recovery of ^emediM^ot 
 the mortgage money. He may foreclose the equity of 
 redemption, or obtain a decree for sale through the 
 medium of the Court ; he may sell under the power of 
 sale (if any) contained in his mortgage deed ; he may 
 sue at law on the covenant for payment of principal 
 and interest ; or he may enter into possession of the 
 property and pay himself out of the rents. The reme- 
 dies by foreclosure, sale, and action on the covenant, 
 will be considered in this section. 
 
 A mortgagee, whether legal or equitable (c), may at Foreclosure. 
 any time after the day named for payment in the mort- 
 gage deed commence an action claiming foreclosure. 
 The Court will thereupon decree an account to be taken 
 of the amount due, and will name a time at the end of 
 which, if the money is not paid, the mortgagor will be 
 foreclosed. This time will, however, be enlarged in 
 certain cases {d). After an absolute decree for fore- 
 closure has been made, the mortgagee becomes absolute 
 
 («) King V. Smith, 2 Hai-e, 239. (6) Bevan v. Habgood, 1 J. & H. 
 
 (a) 36 & 37 Vict. c. 66, sec. 25, 222. 
 
 SUDS. 5. But the right of foreclosure (c) James v. James, L. R. 16 Etj. 
 
 does not extend to a pledgee of 153. 
 
 Eersonal chattels. Carter v. Wake, (d) Fisher, 602, 606. 
 . E. 4 C. D. 605. 
 
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472 MORTGAGES. 
 
 owner in equity as well as at law, of the mortgaged 
 
 property. 
 thrangh By the Chancery Amendment Act (e), it is provided 
 
 the Court, ^j^g^^ -jj ^^y gjjj^^ £qj. foreclosure the Court may, on the 
 
 request of the mortgagee or any subsequent incum- 
 brancer, or of the mortgagor, direct a sale instead of a 
 foreclosure, on such terms as the Court may think fit, 
 provided that if such request be made by a subsequent 
 incumbrancer or mortgagor, the Court shall not direct 
 a sale without the mortgagee's consent, unless the re- 
 questing party deposit in Court a reasonable sum to be 
 fixed by the Court, for the purpose of securing the per- 
 formance of such terms as the Court may think fit to 
 impose. 
 Power of j^ j^g^g been before observed that a power of sale is 
 now an ordinary part of a properly drawn mortgage. 
 T^^whom it The power should be given to the mortgagee, his execu- 
 giveu. tors, administrators (not heirs), and assigns, and, in the 
 case of a mortgage to several, to the mortgagees and 
 the survivors and survivor of them and the executors or 
 administrators of such survivor their or his assigns, or 
 to the mortgagees, their executors, administrators, and 
 assigns, which, when accompanied by a declaration that 
 the money belongs to the mortgagees on a joint 
 account, means the same thing (/). 
 of'powCT of" If the power of sale is so drawn that it may be exer- 
 deMt'f'' cised after default, a purchaser from the mortgagee is 
 not entitled to require the concurrence of the mortgagor, 
 although the mortgage deed contains a covenant on the 
 part of the mortgagor to concur in the sale (g). In 
 Corder v. Morgan (^), Sir Wm. Grant expressed his 
 opinion that the clause in the mortgage deed whereby 
 the mortgagor undertook to join in the conveyance, was 
 a mere contract between the mortgagor and mortgagee 
 to the benefit of which the purchaser was not entitled. 
 It is, however, to be observed that in Hohson v. Bell{i), 
 the unsupported solemn declaration of the executrix of 
 
 (e) 15 & 16 Vict. c. 86, sec. 48. 371 ; 7 De G. M. & G. 594. See also 
 
 As to the principles on which the Cruise v. Nowell, 20 Jur. 536. 
 
 Court acts in directing a sale under {g) Clay v. Sharpe, Sug. v! & P. 
 
 thi.s statute, see Hurst v. Hurst, 16 11th ed. No. 12, App 
 
 Eeav. 372. h) 18 Ves. 344. ' 
 
 (/) Hind V. Poole, 1 K. & J. 383 ; (i) 2 Beav. 17. 
 Saioway v. Sawbridge, 1 K. & J. 
 
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MORTGAGES. 473 
 
 a mortgagee of leaseholds was held not to be evidence 
 that the event had happened on which the right of 
 exercising the power of sale was to arise, the power 
 being to sell in case of default. 
 
 It is generally stipulated that the mortgagee shall NoUce ot 
 give to the mortgagor six months' notice before pro- "^ 
 ceeding to a sale, and even in the absence of stipula- 
 tion, it is prudent for the mortgagee to give such notice. 
 If the validity of a sale is made to depend upon notice, 
 care must be taken that the notice is complete. In a 
 case where notice was to be given to the mortgagor, 
 his heirs or assigns, a notice to the infant heir of the 
 mortgagor and his guardian was held to be suffi- 
 cient {j). And where the notice is to be left at the 
 last known abode of the mortgagor,. the mortgagee will 
 sufficiently perform this stipulation by affixing the 
 notice to his door (k). 
 
 A contract entered into by a mortgagee to sell under contract to 
 a power of sale, is binding on the purchaser, although it power. 
 may be signed before the expiration of the notice on 
 which the validity of the sale is made to depend (l), 
 but of course the contract will not be binding as 
 against the mortgagor if he subsequently complies with 
 the notice. 
 
 According to the form adopted in this collection of Proper form 
 Precedents, the notice may be given to the mortgagor, »» ^ "otice. 
 or one of his executors or administrators, or left at his 
 usual or last known place of abode in England or 
 Wales, or upon some part of the premises. It is sub- 
 mitted that this is preferable to the mode sometimes 
 adopted of requiring the notice to be given to the mort- 
 gagor, his heirs or assigns ; where this is the case, it is 
 conceived that all persons having an interest in the 
 equity of redemption under the mortgagor (including 
 subsequent incumbrancers) are to be deemed " assigns," 
 and it would be necessary to serve them (m). This 
 would in many cases be very inconvenient, and some- 
 times impossible. Again, the heir of a mortgagor may 
 
 (j) Tracy v. Lawrence, 2 Drew. 974. 
 
 403. (m) Forster v. Hoggart, 15 Q. B. 
 
 (ie) Major v. Ward, 5 Hare, 528. 155. 
 {I) Kershaw v. Kalow, 19 Jur. 
 
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474 MORTGAGES. 
 
 not be known, or may be out of the country, whereas 
 the personal representative, if there is any, is likely to 
 be easily accessible, 
 ^owon^™ It is important to provide that a purchaser under 
 needmS ^^^ power shall not be bound or concerned to inquire 
 noinqniiy. -^^hether default has been made, or the required notice 
 given, and that he shall not be affected by any irregu- 
 larity in the sale. For want of such a provision a 
 mortgagee is often unable to force the property on a 
 purchaser, while on the other hand the pxirchaser, 
 however willing, may be prevented from acquiring a 
 satisfactory title by reason of the difficulty of obtaining 
 affirmative proof that the circumstances on which the 
 valid exercise of the power depends have arisen. 
 Where a proper stipulation to the effect above sug- 
 gested is inserted, it is clear that a purchaser need 
 make no inquiry ; and if he completes the purchase 
 without notice he will be safe, although the debt may 
 have been previously satisfied (n). If, however, facts 
 are actually brought to the purchaser's knowledge 
 which show that the sale is oppressive, or otherwise 
 improper, it is doubtful whether the sale would be 
 effectual, however strongly the deed might be ex- 
 oppxe°ssive P^essed in this respect. Thus, in a case where a 
 power!^ °' mortgagee sold, after tender of the principal and inte- 
 rest, to a person who bought with knowledge of the 
 tender, the Court set aside the sale, although the 
 mortgage deed provided that "upon a sale purporting 
 to be made under the aforesaid power no purchaser 
 shall be bound to see or inquire as to the propriety or 
 regularity of the sale, and that notwithstanding any 
 impropriety or irregularity the same shall, as regards 
 the purchaser, be deemed to be within the power, and 
 vahd accordingly " (o). It is true that in the last-men- 
 tioned case the deed did not expressly state that the 
 purchaser should not be affected by notice of any irre- 
 gularity, &c. ; but it is conceived that even if those 
 words had iDeen contained in the deed the decision 
 would have 'been the same. Upon payment (and of 
 course tender is equivalent to payment) of the mortgage 
 
 (m) Decker v. Angus, L. E. 3 (o) Jenkius v. Jones, 2 Giff. 99. 
 
 c. D. eoo. 
 
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MORTGAGES. 475 
 
 money, the mortgagee becomes a bare trustee for the 
 mortgagor, and all the provisions of the mortgage deed 
 (including the power of sale) are necessarily at an end, 
 and a purchaser who should buy with knowledge of 
 such a state of circumstances would not be allowed to 
 retain the property. The insertion of a clause to the 
 effect that a purchaser shall not be affected by notice is, 
 however, desirable, as it would probably relieve him 
 from the consequences of constructive notice. 
 
 A second mortgagee may purchase from a first mort- how power 
 gagee selling under his power of sale (jp) ; but a mort- te exercised. 
 gagor purchasing under a power of sale in a first 
 mortgage has no title to priority as against his own 
 second mortgagee [cj). Under the usual power of sale, 
 the mortgagee may sell, subject to a stipulation that a 
 part of the purchase-money may remain on mortgage (r). 
 
 On the bankruptcy of the mortgagor, the mortgagee, ^™^°^' 
 whether his mortgage be legal or equitable, may apply "o ^°^ 
 to the Court of Bankruptcy, and obtain an order for a Bankruptcy. 
 sale under the Bankruptcy Orders, 1870 (s). The Court 
 will, upon such application, proceed to inquire whether 
 the applicant is a mortgagee, and if so, take an account 
 of what is due to him for principal, interest, and costs. 
 A sale will then be directed, under the conduct of the 
 trustee, not the mortgagee, and the monies to come from 
 such sale will be applied, first, in paying the costs, 
 charges, and expenses of the trustee of and occasioned 
 by the application to the Court, and attending the sale ; 
 secondly, in payment of the principal, interest, and costs 
 due on the mortgage, and the surplus (if any) will be 
 retained by the trustee. If the sale money is insufficient 
 to pay the debt, the mortgagee may prove for the de- 
 ficiency. But it is not imperative on the mortgagee to 
 apply to the Bankruptcy Court under the above order ; 
 he may, if he prefers it, proceed in the Chancery Di- 
 vision of the High Court of Justice for foreclosure, or 
 exercise the power of sale (if any) reserved by the deed, 
 or pursue any other of his ordinary remedies (t). 
 
 (p) Parkinson v. Hanbnry, 1 Dr. J. 535. See also Tliurlow ■;;. Mac- 
 
 & S. 143 ; Shaw v. Bunney, 2 D. keson, L. K. 4 Q. B. 97, as to what 
 
 J. & S. 468 ; Kirkwood v. Thompson, arrangement amounts to a good 
 
 ib. 613. exercise of a power of sale. 
 
 (g) Otter v. Lord Vaux, 2 K. & J. (s) Rules 78 to 81. 
 
 650. (<) Rule 78. 
 
 (r) Davey v. Durrane, 1 De G. & 
 
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476 MOETGAGES. 
 
 covmant Where the property comprised in the mortgage is of 
 ample value to cover the debt, a mortgagee seldom 
 resorts to the covenant 'for pa3nQient of principal and 
 interest, as the remedy by foreclosure or sale is more 
 complete and efficacious. But if interest has been 
 allowed to remain in arrear for more than six years, 
 there is an advantage'in proceeding on the covenant, 
 because twenty years' arrears may be recovered by an 
 action on the covenant, whereas only six years' arrears 
 can be recovered in a foreclosure suit (u). 
 
 Mortgagee Jt is Settled that a mortgagee cannot be interfered 
 
 maypursue -.i • n • p p t • , .i 
 
 ?Snedies ^ith lu the exercise oi any ot his powers except on the 
 «muita-; pajmient of principal, interest, and costs (v) ; and he 
 may pursue all his remedies at one and the same time, or 
 separately as he may think fit. If pending a foreclosure 
 suit, he sues on the covenant and obtains full payment, 
 the mortgagor is, by the fact of payment, entitled to 
 redeem, and foreclosure is of course prevented ; if a part 
 only of the debt is recovered in the action the mortgagee 
 may foreclose for non-payment of the remainder. If, 
 on the other hand, he obtains foreclosure first, and 
 finds that the value of the estate is not sufficient to cover 
 his debt, he is not precluded from suing on the covenant, 
 so long as the mortgaged estate remains in his power, 
 but by so doing he gives to the mortgagor a renewed 
 ?o?ecSe.'' nght to redeem, or in other words, opens the foreclosure. 
 If, however, the mortgagee has sold the mortgaged 
 estate, and thus prevented himself from restoring it, the 
 court will by injunction restrain him from afterwards 
 suing on the covenant (x). 
 
 V. The poioers, duties, and liabilities of a mortgagee 
 in possession. 
 
 A mortgagee may, at any time after the day appointed 
 
 _^ for payment, enter into possession of the mortgaged 
 
 mor^agor, property, and receive the rents towards payment of his 
 debt. He will have to account to the mortgagor for the 
 rents so received, and he will be responsible for gross 
 and wilful negligence or injury, such as pulling down 
 buildings, &c., but he will be allowed for necessary 
 
 (tt) See infrd,. (x) Lockhart v. Hardy, 9 Beav. 
 
 (v) Paynter v. Carew, Kay, App. 349 ; Palmer v. Hendrie, 27 Beav. 
 xxxviii. 349 ; 28 ib. 341, 
 
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 Mortgagee' 
 in posses- 
 sion must 
 account to 
 
MORTGAGES. 477 
 
 repairs {y). He may take possession of part of tlie 
 mortgaged property, leaving the rest in the possession 
 of the mortgagor (z). 
 
 A mortgagee in possession cannot, without an express camot 
 power, grant leases which will be binding in equity on fn^ieas^es," 
 the mortgagor, 
 
 A mortgagee in possession is bound to deal with the is ^^^^^^ i 
 property in the same way as a prudent man would deal p^Pj^^y^"" 
 with his own ; he is not bound to engage in, and will o*™''- 
 not be allowed for, adventures and i^speculations (a). 
 Thus, he must not open mines (6), unless the security is 
 insufficient (c), and if he comes into possession of mines 
 already open, he will not be liable for not advancing 
 more in the management of them than a cautious owner 
 would spend, as it is not to be expected that he would 
 risk his own fortune in a speculation and incur hazard 
 in an adventure which, if successful, is ultimately to 
 redound to the benefit of the mortgagor (d). 
 
 If the net rents received by the mortgagee are more ^''^'■™*' 
 than sufficient to keep down the interest on his debt, the app'se'^- 
 surplus must be applied towards payment of the prin- 
 cipal ; and a question often arises in what manner the 
 account is to be taken as to such surplus rent, i.e., 
 whether annual rests are to be made, and the principal ^^""^ 
 to be sunk each year to the amount of the surplus rents, 
 or whether the interest shall be allowed to run on until 
 the whole debt is 'discharged. It seems to be now 
 settled that an account with annual rests wiU not be 
 directed, unless at the time when the mortgagee entered 
 into possession no interest was in arrear, as a mortgagee 
 is not bound to receive his money in driblets. If he 
 enters into possession when no interest is due, he shows 
 his intention to receive payment of the debt in driblets, 
 and therefore the account goes with rests; but if the in- 
 terest is in arrear, the fact of his taking possession affords 
 no evidence of such an intention, as he is driven to take 
 
 (y) Sancton v. Hooper, 6 Beav. 246. C. D. 173. 
 
 In order to entitle a mortgagee in (o) Hughes v. Williams, 12 Ves. 
 
 possession to permanent improve- 493 ; Cocks v. Gray, 1 Giff. 77. 
 
 ments or substantial repairs he must (6) Thorneycroft v. Crockett, 16 
 
 make out a case for them at the Sim. 445 ; Hood v. Easton, 2 Giff. 
 
 trial. Tipton Green Colliery Co. 692. 
 
 V Tipton Moat Colliery Co., L. R. 7 (c) Millettv. Davey, 31 Beav. 470. 
 
 C. D: 192. (d) Kowe v. Wood, 2 J, & W. 555. 
 
 (e) Simmins v. Shirley, L. E. 6 
 
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478 MORTGAGES. 
 
 possession by the non-payment of the interest, and 
 therefore the account goes on tUl the whole debt is 
 satisfied (e). But a mortgagee of leaseholds may take 
 possession, when there is no arrear of interest, under 
 circumstances which may not render him liable to 
 account with annual rests, as if he enters in order to 
 prevent a forfeiture for non-payment of ground-rent or 
 non-insurance (/"). 
 mtei^°'^ But if a mortgagee in possession sells a part of the 
 aeufpa™ mortgaged property under a power of sale, he must 
 apply the proceeds first in payment of interest and 
 costs, and then either pay the balance to the mort- 
 gagor, or apply it in reduction of principal, and in 
 taking an account against a mortgagee who has re- 
 tained sale monies beyond the interest and costs due, 
 a rest must be made at the time of the receipt of the 
 proceeds of sale, even though he may have entered into 
 possession when interest was in arrear (g). 
 
 VI. The effect of the statutes of limitation as between 
 mortgagor and mortgagee. 
 
 mortgagee's By 3 & 4 Wm. 4, c. 27, sec. 2, it is provided that no 
 iind*wiu'"' person shall make an entry, or distress, or bring an 
 action to recover land or rent, but within twenty years 
 next after the right to make such entry or distress, or 
 bring such action accrued; and the 14th section provides 
 that in the case of an acknowledgment by the person in 
 possession, the right to make the entry, &c., shall be 
 deemed to have first accrued at the date of the acknow- 
 ledgment. Doubts being entertained as to the eifect of 
 the above sections, so far as relates to mortgages, it 
 was provided by the 7 Wm. 4 & 1 Vict. c. 28, that any 
 person entitled to, or claiming under any mortgage of 
 land, may recover such land at any time within twenty 
 years next after the last payment of any part of the 
 principal money or interest secured by the mortgage, 
 although more than twenty years may have elapsed 
 since the time at which the right to make an entry or 
 bring an action or suit shall have first accrued. By 
 the " Beal Property Limitation Act, 1874 " {h), it is 
 
 (e) Nelson v. Booth, 3 De G. & J. (a) Thompsou v. Hudson, L. E. 
 
 119. 10 Eq. 497. 
 
 (/) Patch V. Wild, 30 Beav. 99. {h) 37 & 38 Vict. c. 57, sec. 1. 
 
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 be barred. 
 
MOETGAGES. 479 
 
 in eflfect provided that from and after tlie 1st January, 
 1879, when the Act comes into operation, twelve years 
 shall be substituted for twenty years as the time within 
 which the action must be brought. 
 
 Under the 3 & 4 Wm. 4, c. 42, all actions on cove- ^ui^be 
 nant must be brought within twenty years of the cause *X^n * 
 of action, unless an acknowledgment either by writing *^™'y 
 or by part payment of principal or interest is made in 
 the meantime (i). 
 
 The joint operation of the above enactments seems J"'"* . 
 to be as follows : — (1.) If the mortffatjor remains ino'enact- 
 
 .., . ^ ' . . o ." - . menta. 
 
 possession without paying any principal or interest, 
 or making an acknowledgment for twenty years, and 
 such twenty years expired before the 1st January, 
 1879, the mortgagee is barred of all his remedies both 
 as against the land and also under the covenant at the 
 end of the twenty years. (2.) If the mortgagor re- 
 mains in possession without payment or acknowledg- 
 ment up to the 1st January, 1879, the mortgagee is 
 barred of all remedies against the land on that day, if 
 twelve years have expired, but if not, then at the end 
 of twelve years ; but his remedy under the covenant 
 for payment of principal and interest wiU continue for 
 twenty years. 
 
 Questions often arise as to how many years' arrears j^^^^^j*^' 
 of interest may be recovered by a mortgagee. 
 
 It is provided by 3 & 4 Wm. 4, c. 27 (k), that no 
 arrears of interest in respect of any sum of money 
 charged on land shall be recovered by any distress, 
 action, or suit, but within six years next after the same 
 shall become due, or next after such acknowledgment 
 as therein mentioned ; but under 3 & 4 Wm. 4, 
 c. 4:2 (l), twenty years' arrears of interest may be re- 
 covered in an action of covenant upon any bond or 
 other specialty. 
 
 Where, therefore, a mortgage contains a covenant for what 
 payment of principal and interest, there is no doubt b^recovered 
 
 II . -L X J. ' pin action on 
 
 that a mortgagee may recover twenty years arrears ol covenant 
 interest by an action on the covenant, but it was for foreclosure 
 some time unsettled whether he could do so in a fore- tiveiy. 
 closure suit. In Du Vigier v. Lee (m), it was held 
 
 I 
 
 i) Sees. 3, 5. (0 Sec. 3. 
 
 ;*;) Sec. 42. (m) 2 Hare, 326. 
 
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480 MORTGAGES. 
 
 that he miglit, to avoid circuity of action. This de- 
 cision was virtually overruled by Hunter v. Nockoldsin), 
 and it may now be considered settled that the right in 
 a foreclosure suit is limited to six years' arrears (p). 
 If, however, the deed contains an express trust for se- 
 curing the principal and interest, the existence of such 
 trust will, until the 1st January, 1879, bring the case 
 within the exception as to express trusts contained in 
 the Act, 3 & 4 Wm. 4, c. 27, sec. 25, and entitle the 
 mortgagee to a general account of arrears of in- 
 terest (_p). It is now provided by the Act of 1874 (g'), 
 " that after the 1st January, 1879, no action, &c., shall 
 be brought to recover {inter alia) any sum of money 
 charged on land and secured by an express trust, or to 
 recover any arrears of interest in respect thereof, except 
 within the time within which the same would be 
 recoverable if there were not any sugh trust. 
 Arrears 9f j^ j^as bccn hcld that the heir of a mortgraeror being 
 
 interest ™t-,ti . n ^ ^ h; 
 
 "demptmn bound by the mortgagors covenant tor payment of 
 principal and interest cannot redeem without paying 
 arrears of interest for twenty years, the mortgagee 
 being entitled to tack the covenant as against the 
 heir (r). 
 
 An acknowledgment by a mortgagor, or his per- 
 sonal representative, given to a prior incumbrancer, 
 wiU not entitle that prior incumbrancer to recover, as 
 against a subsequent incumbrancer, more than six 
 years' arrears of interest (s). 
 
 When A mortgagor may, by lapse of time, lose his riffht of 
 
 mortgagor , i ° ° .,''''' ,^ . ' . tVi 
 
 tarred of redemption against a mortgagee m possession. For by 
 redemption! 3 & 4 Wm. 4, c. 27, scc. 28, it is provided that when a 
 mortgagee shall have obtained the possession or receipt 
 of the profits of any land, or the receipt of any rent 
 comprised in his mortgage, the mortgagor, or any per- 
 son claiming through him, shall not bring any suit to 
 redeem the mortgage but within twenty years next 
 after the time at which the mortgagee obtained such 
 
 (») 1 Mao. & G. 641. v. Broadbent, 33 Beav. 296. 
 
 (o) Bound V. Bell, 30 Beav. 121. (q) 37 & 38 Vict. c. 57, sec. 10. 
 
 (p) Cox i;. Dolman, 2 De Q. M. & M Elvey v. Norwood, 5 De G. 
 
 G. 592 ; Lewis v. Duncombe, 29 & Sm. 241. 
 
 Beav. 175 ; Shaw v. Johnson, 1 (s) Bolding v. Lane, 1 De G J, 
 
 Drew. & Sm. 412. See also Mason & S. 122. 
 
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MORTGAGES. 481 
 
 possession or receipt, unless in the meantime an ac- 
 knowledgment of the title of the mortgagor, or of his 
 right of redemption, shall have been given to the mort- 
 gagor, or some person claiming his estate, or to the 
 agent of such mortgagor or person, in writing, signed 
 by the mortgagee or the person claiming through him, 
 and in such case no such action or suit shall be brought 
 but within twenty years next after the tinie at which 
 such acknowledgment, or the last of such acknow- 
 ledgments, if more than one, was given. And in the 
 latter part of the section provision is made for the case 
 of there being more than one mortgagor or mortgagee, 
 and an acknowledgment being given to or by one only. 
 This enactment is repealed as from the 1st January, 
 1879, by the "Real Property Limitation Act, 
 1874 " {t), and is in effect re-enacted with the substitu- 
 tion of twelve years for twenty^ 
 
 Where a mortgagee has been in possession for more !"?'>* "l 
 
 , •111 11 1 • ■> redemption 
 
 than twenty years without acknowledement, the riffht revived by 
 
 n -I J-M11 • -I ^ 1 1 subsequent 
 
 01 redemption will be revived by a subsequent acknow- llf'^;^^^ 
 ledgment. Thus, in a recent case, a mortgagee who 
 had been in possession for more than twenty years 
 without acknowledgment, devised the mortgaged pro- 
 perty as if it was his own to a tenant in tail, who was 
 also his heir, executor, and residuary legatee, with re- 
 mainders over, and such tenant in tail afterwards 
 acknowledged the right of the mortgagor to redeem, 
 and came to an arrangement with him upon that foot- 
 ing ; and it was held that the remainderman had no 
 claim to the estate upon the failure of issue of the 
 tenant in tail {u). 
 
 VII. The order of liability of the mortgaged property 
 and the general estate of the mortgagor or other person 
 liable to the debt. 
 
 Until .a recent Act, if a mortgagor died intestate, or J"t*"tte™* 
 by his will showed no contrary intention, his personal P'^Ttte ''^ 
 estate was liable to the payment of his mortgage debts p™'^^^ 
 in exoneration of the land comprised in the mort- j^^"<^'^ 
 gage {v). This rule, however, only applied where the Exceptions 
 
 (0 Sec. 7. F. & J. 81. 
 
 \u) Pendleton v. Booth, 1 De G. (i') Howell v. Price, 1 P. ■\Vms.2f)l. 
 
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482 MORTGAGES. 
 
 mortgage debt was originally the debt of tbe deceased 
 mortgagor ; thus, if A. became entitled by descent or 
 purchase to mortgaged land, and afterwards died intes- 
 tate, bis heir took the land cum onere, and was not 
 entitled to have it exonerated out of the personal 
 estate, even though upon a transfer of the mortgage in 
 A.'s lifetime he may have covenanted to pay the 
 money (x). A fortiori, if a person having only a 
 limited interest in land subject to a mortgage enters 
 into a bond or covenant for payment of the debt, the 
 bond or covenant is considered as auxiliary only. 
 Again, the rule would not apply where an intention 
 appeared on the face of the mortgage deed, or could be 
 implied from the dealings with the property, that the 
 land should be the primary security. Thus, where a 
 mortgage was made containing the usual covenant by 
 the mortgagor for payment of the mortgage money, 
 and subsequently the mortgagor settled the property 
 subject to the mortgage upon trusts for himself for life, 
 with remainders over, leaving in himself the ultimate 
 reversion in fee which he devised by his will, it was 
 held that his general personal estate was exonerated 
 from the mortgage debt, the Court considering that the 
 subsequent deahng with the property showed the in- 
 tention of the mortgagor to make the land the primary 
 security {y). And where property was mortgaged, 
 and was then settled by the mortgagor subject to the 
 mortgage, and with a proviso that the land should be 
 the primary security, and the mortgagor afterwards 
 paid off the debt out of his own money, it was held 
 that the mortgage debt was to be considered as kept on 
 foot for the benefit of his personal estate (z). 
 ir&i8Vict By statute 17 & 18 Vict. c. 113, it is enacted that, 
 " When any person shall, after the 31st of December, 
 1854, die (a) seised of or entitled to any estate or in- 
 terest in any land or other hereditaments which shall 
 at the time of his death be charged with the payment 
 
 {x) Evelyn i;. Evelyn, 2 P. Wms. De G. M. & G. 391. 
 
 63 ; Bagot v. Oaghton, 1 P. Wms. (z) Pears v. Wrightman, 2 Jur. 
 
 347 ; Woods v. Huntingford, 3 Ves. (N. S.) 586. 
 
 128, 131 ; Scott v. Beecher, 5 Mad. (a) As to what is not an interest 
 
 96 ; see also Bond v. England, 2 in land within the meaning of this 
 
 K. & J. 44, where the subject is Act, see Lewis v. Lewis, L. R. 13 
 
 fully discussed. Eq. 218. 
 
 (y) Lady Langdale v. Briggs, 7 
 
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MORTGAGES. 483 
 
 of any sum or sums of money by way of mortgage, and 
 such person shall not by his will or deed, or other 
 document, have signified any contrary or other inten- 
 tion, the heir or devisee to whom such land or heredi- 
 taments shall descend or be devised shall not be entitled 
 to have the mortgage debt discharged or satisfied out 
 of the personal estate or any real estate of such person, 
 but the land or hereditaments so charged shall as be- 
 tween the different persons claiming through or under 
 the deceased person be primarily liable to the payment 
 of all mortgage debts with which the same shall be 
 charged, every part thereof according to its value 
 bearing a proportionate part of the mortgage debts 
 charged on the whole thereof" And the Act contains 
 a proviso that nothing therein contained shall affect 
 the rights of any person claiming under or by virtue of 
 any will, deed, or document made before the 1st of 
 January, 1855 (b). 
 
 On the construction of this Act, it was held by Lord {j^'J^ih^ 
 Campbell, in Woolstencroft v. Woolstencroft (c), that n'^^oveAet. 
 direction in a will that all the testator's debts should 
 be paid by his executors out of his estate, followed by a 
 gift of all the testator's real and leasehold estates 
 (which were subject to a mortgage) to trustees who 
 with the testator's wife were also named executors, was 
 not such an expression of contrary intention as to bring 
 the case within the saving of the Act, and consequently 
 that the cestuis que trust under the will of the real 
 estate and leaseholds took them cum onere. In Mel- 
 lish V. Vallens (d), it was held by Vice- Chancellor 
 Wood that a bequest of personalty subject to the pay- 
 ment thereout of all the testator's debts, following a 
 devise of land in mortgage, was sufficient indication of 
 a contrary intention to bring the case within the 
 saving of the Act. In the course of his judgment, the 
 Vice-Chancellor commented on Woolstencroft v. Wool- 
 stencroft, and distinguished that case from the one 
 before him on the ground that in the former case the 
 debts were directed to be paid out of the testator's 
 
 (6) As to the construction of this ako Coote v. Lowndes, L. R. 10 Eq. 
 
 proviso, see Nelson v. Page, L. R. 376. 
 
 6Eq. 25. (d) 2 John. & Hem. 194. 
 
 (c) 2 be G. F. & J. 347 ; see 
 
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484 MORTGAGES. 
 
 estate generally, without confining it to the personal 
 estate (e). 
 Apgi^es^to The Act has been held to apply to an equitable 
 mortgages, mortgage by deposit and memorandum (_/), although 
 the same may have been additionally secured by the 
 debtor's promissory note {g) ; but not to the lien of a 
 vendor for unpaid purchase-money {h), nor to lease- 
 holds {i). Where, then, real estate and also property to 
 which the Act does not apply are the subjects of the 
 same mortgage, in the administration of the mort- 
 gagor's estate the mortgage debt must be borne by 
 the real estate and the other property rateably(/). 
 So also wh-ere two estates are subject to the same 
 mortgage, and one of them is specifically devised and 
 the other passes under a residuary devise, the two 
 estates must rateably bear the mortgage debt Qc). 
 30 & 31 Vict. • As to the wills of persons dying after the 31st of 
 '• ''■ December, 1867, it is enacted by the 30 & 31 Vict. c. 69, 
 that a general direction that the debts of the testator 
 shall be paid out of his personal estate shall not be 
 deemed to be a declaration of an intention contrary to 
 or other than the rule established by the 17 & 18 Vict. 
 c. 113, unless such contrary or other intention shall be 
 further declared by words expressly or by necessary im- 
 plication referring to all or some of the testator's debts 
 or debt charged by way of mortgage on any part of his 
 real estate {!). And by section 2 it is provided that in 
 the construction of the Act the word mortgage shall 
 extend to any lien on unpaid purchase-money in lands 
 and hereditaments purchased by a testator. If, then, a 
 freehold or copyhold estate is contracted to be sold, and 
 the purchaser dies before the whole of the purchase- 
 money is paid, and by his will he makes a general or 
 specific devise of such estate, the purchased estate will 
 
 (e) See also Smith v. Smith, 3 803. 
 
 Giff. 274 ; Greated v. Greated, 26 Qi) Hood v. Hood, 26 L. J. (N. S.) 
 
 Beav. 621 ; Allen v. AUen, 30Beav. Ch. 616. 
 
 395 ; Hepworth v. Hill, ih. 476 ; U) Solomon v. Solomon, 33 L. J. 
 
 Bno V. Tatam, 4 GifF. 181 ; 9 Jur. Ch. 473. 
 
 N. S. 481 ; Moore v. Moore, 1 De {j) Trestrail v. Mason, W. Notes, 
 
 G. & S. 602 ; Brownsonv. Lawrence, 1878, p. 13. 
 
 L. R. 6 Eq. 1 ; Eowson v. Harrison, (7c) Gibbins v. Eyden, L. R. 6 Eq. 
 
 31 Beav. 207, seems to be overruled. 371 ; but see contra Brownson ' r. 
 
 (/) Pembroke v. Friend, John. & Lawrence, uU suprd. 
 
 ■'^^"J- i'\^-, „ , Sec. i. SeeSackvillei>. Smith, 
 
 (g) Coleby v. Coleby, L. R. 2 Eq. L. R. 17 Eq. 153 
 
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MORTGAGES. 485 
 
 be the primary fund for the discharge of the unpaid 
 purchase-money. If, however, the purchaser dies in- 
 testate, his personal estate will be the primary fund for 
 this purpose (hi) 
 
 Upon a mortgage by a husband and wife of the wife's ^^^^^f 
 land, where the money is received by the husband, the husband on 
 husband and his estate are primarily liable (n). If the f j'fe's 
 
 deed expresses that the money is paid to the husband 
 and wife, that is primd facie a payment to the hus- 
 band, but it may be sliown by extrinsic evidence that 
 the payment was in fact for the benefit of the wife, and 
 in that case the land will be primarily liable (o). 
 
 VIII. Mortgages under powers, including mortgages 
 hy executors. 
 
 When mortgages are prepared in pursuance of J'/«p^^'°° 
 powers, it is important to consider what provisions may ^^^J'^'ra'"'" 
 be introduced into the deed, consistently with the terms 
 of the power. In Clarke v. The Royal Panopticon (p), 
 Kindersley, V.-C, held that under a power to mortgage 
 without more, the donee of the power could not give the 
 mortgagee a power of sale in case of default. But 
 this case may be considered to be overruled by more 
 recent authorities which decide that a power of sale 
 is an ordinary incident to a mortgage, and that a power 
 to mortgage includes a power to give a mortgagee 
 all such remedies as are proper to be given to him, 
 and that one of these remedies is a power of sale [q). 
 It will, however, be more prudent that the document 
 creating the power should expressly provide that any 
 mortgage made in pursuance thereof may contain a 
 power of sale, and such other powers and provisions as / 
 
 may be deemed expedient. It is also desirable to pro- 
 vide that the costs and expenses of and attending the 
 mortgage may be added to and included in the amount 
 to be raised, and that the mortgagee shall not be con- 
 
 (m) Harding v. Hartling, L. E. 173 ; Earl of Kinnoul v. Money, 3 
 
 13 Eq. 493. Swanst. 202, 211, note. 
 
 (ra) Tate v. Austen, 1 P. Wins. (jj) 4 Drew. 26. 
 
 264 ; Pocock v. Lee, 1 Vern. 604 ; (j) Bridges v. Longman, 24 Beav. 
 
 see Scholefleld v. Lockwood, 33 L. 27 ; Cook v. Dawson, 29 Beav. 123, 
 
 J. Ch. 106. 128 ; In re Chawner's will, L. R. 8 
 
 (o) Hudson V. Carmichael, Kay, Eq. 569. 
 613 ; Clinton v. Hooper, 1 Vos. .Jun. 
 
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486 MOETGAGESi 
 
 cerned to see that the money advanced is required for 
 the purpose for which it is expressed to be borrowed. 
 Executor ^n executor or administrator has an absolute power 
 
 niay sell or i^ 
 
 "ersmSt ^^ disposal over the personal property of the testator or 
 
 intestate, including his chattel interests in land. He 
 
 may, therefore, either sell or mortgage the same (r), 
 
 and the mortgagee need not inquire of the executor or 
 
 administrator as to debts or legacies, but he should, if 
 
 possible, obtain the concurrence of the legatee where 
 
 the property is specifically bequeathed, lest the executor 
 
 or administrator should have made a previous assent to 
 
 the legacy. 
 
 marSve "^^ executor or administrator may not only mortgage 
 
 Eto"' ^^^ assets, but may give to the mortgagee a power of 
 
 mortgagee, gale (s), and where a mortgage is made of an infant's 
 
 real estate under an order of the Court, a power of sale 
 
 may be inserted, because better . terms can be thus 
 
 obtained in raising the money {t). 
 
 IX. The rights and priorities of several mortgagees 
 and incumbrancers amongst themselves, the protection 
 afforded to purchasers and mortgagees against concealed 
 trusts and incumbrances by the possession of the legal 
 estate, the doctrine of tacking, notice actual and con- 
 structive, and the consequence of laches on the part of a 
 mortgagee, particularly in reference to the title deeds. 
 
 Cases in It somctimos happens that the same property is made 
 
 questions the subjcct of several mortgages, the fact of the prior 
 arise™"'' incumbrauces being concealed from each subsequent 
 mortgagee, or that a sale or mortgage is made by a 
 person who is a trustee without power to sell or mort- 
 gage, or who is affected by notice of prior trusts or 
 incumbrances, or whose title is otherwise defective in 
 equity, to a person who has no knowledge of such cir- 
 cumstances. In these cases questions of priority arise, 
 in the former, as between the successive mortgagees' 
 and in the latter, as between the purchaser or mort- 
 gagee on the one hand, and the persons whose rights 
 
 (r) See 2 Wms. on Executor e21 ; Cruikshank v. Duffin, L fi. 
 p. 873 ; see Earl Vane v. Eigden, 13 Eq. 555 " 
 
 I^-K-6C.A663. ^(OSelby v. Cooling, 26 Beav. 
 
 (s) Eussell V. Place, 18 Beav. 418. 
 
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MORTGAGES. 487 
 
 are prejudiced by the sale or mortgage on the other 
 hand. 
 
 In determining such questions, two rules must be ^"'f.^ „ 
 
 1 • ■ 1 mi ■ n / 1 • • applicablo 
 
 borne m mmd. Ihe one is, that where the equities are *^™«^ 
 equal, the person who has the legal estate will pre- 
 vail (u) ; and the second is, that as between persons 
 having only equitable interests, if these equities are in 
 other respects equal, priority of time gives the better 
 equity, for qui prior est tempore potior est jure (v). 
 
 It has long been settled that if a person being a trustee ^thmt" 
 on an express trust, or being affected by notice of a trust p°Ji^et"him. 
 or incumbrance, conveys the legal estate to a purchaser j^ff^tf"^'* 
 or mortgagee for valuable consideration who has no ^Jj^^ 
 notice, the latter is protected from such trust or in- 
 cumbrance by the possession of the legal estate, and 
 acquires an indefeasible title both at law and in equity, 
 so that he may himself afterwards effectually sell or 
 mortgage even to persons who have notice (x). And 
 the protection of the legal estate extends to cases where orXud.""'" 
 the vendor or those from whom he claims is or are 
 guilty of gross fraud. Thus in Jones v. Powles {y), 
 Jones mortgaged to Holbrook, and afterwards paid off 
 the mortgage, but took no reconveyance, so that Hol- 
 brook became a trustee for Jones ; — : Jones afterwards 
 died, and Meredith produced a document purporting to 
 be the will of Jones, devising all his property to Mere- 
 dith, but which document was in fact forged by him. 
 Meredith borrowed money from Hall, and Holbrook, 
 by the direction of Meredith, conveyed the legal estate 
 by way of mortgage to Hall to secure the advance, and 
 this mortgage, by virtue of several mesne conveyances, 
 became ultimately vested in Powles, who took pos- 
 session. Upon a bill afterwards filed by the heiress at 
 law of Jones, it was held that Powles had a good 
 security by virtue of the possession of the legal estate 
 for the money due to her. 
 
 In Gilbert's " Lex Preetoria " {Frauds, p. 287), the ^^^^^^ 
 
 Gilbert. 
 
 (w) Francis' Maxims, Max. 1 ; 2 478. 
 Fonblanque on Equity, 302. {y) 3 M. & K. 581. See also 
 
 (v) Rice V. Rice, 2 Drew. 73. Newton v. Newton, L. R. 4 C. A. 
 
 Xx) Ferrers v. Cherry, 2 Vem. 143 ; Young v. Young, L. R. 3 Bq. 
 
 383 ; Mertins v. Jolliffe, Ambl. 1 ; Pilcher v. Rawlins, L. R. 7 0. 
 
 313 ; Sweet v. Southcote, 2 B. C. 0. A. 250. This last case overrules 
 
 66 ; Macqueen v. Farquhar, 11 Ves. Carter v. Carter, 3 K. & J. 617. 
 
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488 MOKTGAGES. 
 
 equi|;able rigM of a purchaser for valuable consideration 
 is stated thus : " If B. obtains a conveyance of land 
 from A. by fraud, and A. quits the possession to B., and 
 B. sells the land to C. for valuable consideration bond 
 fide and without notice, A. can never obtain the land 
 against C, because the fraudulent conveyance with the 
 quitting the possession transfers an interest, and that 
 when C. has obtained an interest at law for his money 
 bond fide, a court of equity ought not to take it from 
 him." 
 Some cases Jt follows from what has been stated that if B. takes a 
 
 to whicn „ 
 
 role applies, conveyance or mortgage of the legal estate from A. 
 under circumstances which would make the transaction 
 impeachable in equity as against B., either by A. him- 
 self, or by some person for whom A. is a trustee, and 
 B. subsequently conveys the legal estate to C. as a 
 purchaser for valuable consideration, and without 
 notice, either actual or constructive, of such circum- 
 stances, C.'s title cannot be impeached. Thus if A. 
 being a mortgagee with a power of sale, sells to B. 
 under circumstances which would enable A.'s mortgagor 
 to set aside the sale as against B., and B. subsequently 
 sells or mortgages to C, who has no notice of such 
 circumstances, C is protected by the possession of the 
 legal estate. Again, if a purchase by B. from A. is 
 liable to be set aside as between those parties on the 
 ground that B. was A.'s solicitor, and B. previously to 
 any suit instituted for that purpose, sells and conveys 
 the legal estate to C. who has no notice, either actual 
 or constructive, of the relation of solicitor and client 
 existing between A. and B., it is conceived that C. in 
 this case also has an indefeasible title. 
 
 Tacking. The protection of the legal estate is not confined to 
 
 cases where a purchaser or mortgagee acquires such legal 
 estate at the time of his purchase or mortgage, or be- 
 fore he has notice of the prior trust or incumbrance (z). 
 Thus a third mortgagee advancing his money without 
 notice of a second mortgage, may, by paying off a first 
 mortgagee who has the legal estate, and taking a transfer 
 from .him of such first mortgage, hold the property as 
 
 (a) Stanhope v. Earl Verney, 2 Willoughby, 1 T. R. 763 ; Butler's 
 Men, 85 ; see also Willoughby v. note to Co. Lit. 390 b. 
 
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MORTGAGES. - 489 
 
 against the second mortgagee until not only the first 
 mortgage but also the third is paid off; in other words, 
 may tack the two debts together, and thus, as it were, 
 squeeze out the second (a). 
 
 But a purchaser or mortgagee, who, after completing Purchaser 
 his purchase or mortgage, becomes aware that the legal estlut^ 
 estate is vested in a trustee upon express trusts, cannot t?i!Cwith 
 protect himself against such trusts by taking a convey- rrot«ctod. 
 ance of the legal estate from the trustee ; for by taking 
 a conveyance with notice of the trusts, he himself 
 becomes the trustee, and must not, to get a plank to 
 save himself, be guilty of a breach of trust (6). 
 
 It follows that if a first mortgagee, after his mortgaefe tiupi 
 has been satisfied, conveys the legal estate to a third taking I 
 mortgagee, and at the time of such conveyance, the from Hrst 
 third mortgagee has notice of a second mortffasre, the wiio has 
 
 ^" -1 ■ oo' been pre- 
 
 third mortgagee, though he had no notice of the second viousiy raid 
 mortgage when he advanced his money, does not by pritected. 
 such transaction obtain priority, the distinction between 
 such a case and the ordinary case of tacking being this : 
 It is no breach of duty in a first mortgagee who is un- 
 satisfied to transfer his mortgage to any person who pays 
 him off, and he may therefore transfer it to the third 
 mortgagee, but if the first mortgagee has been satisfied, 
 he thereby becomes a trustee for the second, and it is a 
 breach of duty in him to convey the legal estate to the 
 third, who being aware of such breach of duty, will not 
 be allowed to profit thereby (c). 
 
 And in some recent cases, the opinion of the Court ^°^™y''"'=° 
 seems to have been, that a purchaser or mortgagee who breach of 
 
 n !• ■ 1 n t ' 1 • 1 trust, no 
 
 at the time of completion acquires a detective title, can- p^^JJ^J'^-^ 
 not avail himself of a subsequent conveyance of the legal Bran^c^^!^^ 
 estate from a person who being a trustee for another the ^ist, 
 commits a breach of trust in so conveying, even if the "™ 
 
 (a) March v. Lee, 1 Ch. Ca. 162 ; 2V1 ; Allen r. Knight, 5 Hare, 272 ; 
 
 2 Vent. 337 ; Churchill v. Grove, 1 see also Willoiighby v. Willoughby, 
 
 Ch. Ca. 36 ; Edmunds v. Povey, 1 T. R. 763 ; Maundrell v. Maun- 
 
 1 Vern. 187 ; Bovey v. Skipwith, 1 drell, 10 Ves. 246 ; £!x parte Knott, 
 
 Ch Ca. 201 ; Peacock v. Burt, 4 11 Ves. 609 ; Mumford v. Stohwaa- 
 
 Law J. (N. S.) Ch. 33 ; Spencer v. ser, L. R. 10 Eq. 557. 
 
 Pearson, 24 Beav. 266 ; Bates v. (c) See Bates v. Johnson, 1 John. 
 
 Johnson, 1 John. 304. 301. 
 
 (6) Saunders v. Dchew, 2 Vcm. 
 
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490 MOBTGAGES. 
 
 person taking the conveyance has no notice of the 
 
 trust {d). 
 How far In the application of the doctrine as to the protec- 
 
 onegli'™ tion afforded by the legal estate to the transferee of a 
 applies to mortgage, it must be borne in mind that a mortgage 
 
 transferee . i i * * i 'in i i ± 1 
 
 of amort- IS regarded m equity as a mere security tor a debt, and 
 *'^^' consequently that the interests of persons claiming 
 under a mortgage in the land comprised therein are 
 regulated by their interests in the debt for which 
 Transferee the land is a sccurity. If, then, B., by fraud, in- 
 gaj'e^mbe duccs A. to exBcute to Mm a mortgage, no money 
 p1)s"ition °' passing from B. to A., and no debt being in fact 
 feror.™^' Contracted, and if B., without the concurrence of A., 
 subsequently transfers such mortgage to C, for valu- 
 able consideration, it is conceived, that C. is in no 
 better position than B., for as no debt was due to 
 B., no debt passes to C ; and as the land was not 
 the subject of the transaction, but the debt for which 
 the land was only a security, G. cannot retain the 
 land as against A. where there is no debt (e). Again, 
 if A. mortgages land to B., who knows that A. is a 
 trustee without a power to mortgage, or having such 
 power is improperly exercising it, no debt is created as 
 against the land and the beneficial owners of it. If, 
 then, B. afterwards transfers such mortgage to C. 
 without the concurrence of A., C, though without 
 notice of the trust, can only stand in the shoes of B., 
 and will not be allowed to retain the land against the 
 Burt 11. cestuis que trust of A.. Thus, in Burt y. True'man{f), 
 rneman. Penibertou, thc trustee of a will with a power to raise 
 money by mortgage for payment of debts, deposited 
 the title deeds relating to lands of the testator with 
 HoUoway, under circumstances which, in the opinion 
 of the Court, constituted notice to him that the money 
 was raised for Pemberton's private purposes. After- 
 wards HoUoway transferred his equitable security to 
 Trueman, who subsequently applied to Pemberton for, 
 and obtained, a legal mortgage in pursuance of the 
 original agreement. Trueman had no notice either 
 
 (d) Mayfield v. Burton, L. E. 17 54 ; Rolt v. White, 31 Beav. 520. 
 Eq. 15 ; Mumford v. Stoliwasser, ib. (/) 6 Jur. (N. S.) 72. See also 
 18 Eq. 557. Parker v. Clarke, 30 Beav. 54 • 
 
 (e) See Parker v. Clarke, 30 Beav. Adsett v. Hives, 33 Beav. 52. ' 
 
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 Trueman. 
 
MORTGAGES. 491 
 
 when lie advanced his money, or took the legal mort- 
 gage, of the improper application of the original ad- 
 vance, and nevertheless the mortgage in his hands was 
 held to be invalid as against the cestuis que trust under 
 the will. The Vice- Chancellor observed that the equit- 
 able security was certainly bad in the hands of Hollo- 
 way against the cestuis que trust. " Suppose, then," he 
 said, " that a bill had been filed by the present plaintiff 
 against Trueman, could he have maintained that mort- 
 gage, he standing simply in the shoes of HoUoway 1 
 Trueman could not have maintained it more than Hol- 
 loway, and if the security was one that he could not 
 maintain at first, the taking the legal estate merely in 
 consequence of a prior contract did not enable him to 
 do so. It is not necessary to consider what would be 
 the position of Trueman if he had been asked to ad- 
 vance money for the first time to Pemberton, on the 
 representation that Pemberton wanted the money to 
 pay debts." It will be observed that in this case no 
 debt was created by the transaction with HoUoway as 
 against the land and its beneficial owners ; no debt, 
 therefore, passed by the transfer to Trueman, and the 
 subsequent getting in of the legal estate was merely 
 an acquisition of a further security in pursuance of 
 the original contract for a debt which did not in 
 fact exist. 
 
 But where the mortgagor joins in the transfer of a Distinction 
 mortgage, it is to be conceived that the transaction is gagorjoins 
 to be treated as a new one, and that the transferee is or mort- 
 not affected by any equitable right binding the original radc°r power 
 mortgagee, of which he (the transferee) has not him- 
 self notice. Again, if B., a mortgagee with notice of 
 a prior trust or incumbrance, sells under a power of 
 sale in the mortgage deed to C, who has no notice, it 
 is conceived that as the land which is the subject of 
 the transaction passes to C. by the deed, C. can hold 
 the land free from any right of redemption on the part 
 of the prior cestui que trust or incumbrancer. 
 
 It will be borne in mind that the possession of the ^^^^ 
 learal estate is essential to give to a purchaser or mort- party has 
 
 O .. O. .-"^ c ^ • T 1 ^"8^1 estate, 
 
 gagee priority over trusts or incumbrances oi wnicn ne p™|jjj^ 
 has no notice ; so that where the interests of all of dances are 
 
 i • 1 1 1 "ii 1 according to 
 
 several incumbrancers are equitable only, either by their dates. 
 
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492 ~ MOKTGAGES. 
 
 reason of the legal estate being outstanding, or from 
 the property being of an equitable nature, then if the 
 equities of all parties are in other respects equal, i.e., 
 if there are no special circumstances entitling one of 
 the parties in preference to another to the assistance 
 of the Court, the incumbrances wUl rank according to 
 their order of date {g). In such a case the rule qui 
 prior est tempore potior est jure apphes. Thus, if a 
 mortgagee of an equitable estate, who is in fact a 
 trustee, though not so expressed in the mortgage deed, 
 fraudulently transfers the mortgage to another for 
 valuable consideration, the transferee will take, subject 
 to the claims of the cestuis que trust, assuming that the 
 latter have not been guilty of negligence (h). And 
 there can be no tacking where all the incumbrances 
 are equitable, so that a third mortgagee gains no ad- 
 vantage by taking a transfer of the first mortgage, 
 where the legal estate is outstanding. 
 parlfhaTby ^ut if the party whose right is prior in time, has, by 
 cScea^ ^^^ °"^^ negligence, conduced to the fraud committed 
 i°e^ifta' on the other, he will be postponed, as in such case his 
 postponed, equlty is inferior. Thus, when A. was induced by his 
 solicitor to execute a deed, which was, in fact, a con- 
 veyance to the solicitor as on a sale, and to sign the 
 receipt for the purchase-money endorsed on the deed, 
 trusting to his statement that the deed was a mere 
 form, and afterwards the solicitor deposited the title 
 deeds with B. by way of equitable mortgage to secure 
 a debt, B. was held to have priority over A. (i). It 
 was argued that the deed having been executed by A. 
 under a misapprehension as to its contents, was a 
 nullity, and some decisions of V.-C Stuart were cited 
 in support of this view {k) ; but the Court considered 
 that a man who signs a deed negligently cannot treat 
 it as void against a third person, who innocently, and 
 without any negligence on his part, acts on the deed so 
 signed, and that a man who chooses to trust implicitly 
 to his agent ought to suffer, rather than the stranger 
 who deals with the agent. 
 
 (g) Brace v. Duoliess of Marl- (i) Hiinter v. Walters, L R 7 
 
 borough, 2 P. W. 493, 7th Eesolu- Ch. 75. 
 
 tion. {k) Vorley v. Cooke, 1 Giff. 230 ; 
 
 (71) Cory v. Eyre, 1 De J. & G. Ogilvie v. Jeaffreson, 2 Giff. 253 ; 
 
 149. Lee v. Angus, Nov. 20, 1866. 
 
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MORTGAGES. 493 
 
 Before leaving the subject of tacking it may be stated |5*eTay' 
 that if a mortgage is made to secure a specific sum and ?o°r'fSSer 
 future advances, and such mortgage is followed by a i;?^ '„°otice 
 second incumbrance, the first mortgagee would not be J|[ortgTge°'' 
 entitled to priority in respect of further advances made 
 by him after notice of the second mortgage, although 
 the second mortgage was made with notice of the prior 
 mortgage (Z). 
 
 Notice may be either actual or constructive. As to Notice 
 actual notice nothing need be said ; but a purchaser or constmu- 
 mortgagee is often chargeable with the consequences 
 of notice from the existence of circumstances which 
 render it his duty to make inquiries, in which case he 
 is deemed to have knowledge of the facts to which 
 those inquiries ought to lead him. Thus notice that 
 the title deeds are in the hands of a third party is 
 notice of his charge on the property. When a pur- 
 chaser is referred for information to another, it is his 
 duty to make the proper inquiries of such person, 
 and he would be held responsible for the information 
 he might have gained by making the inquiries (m). 
 Notice of a particular instrument is notice of all in- 
 struments and facts which may be disclosed by that 
 deed {n). So also notice of a lease is notice of the 
 covenants and provisions contained in the lease (o). 
 Notice of the property being in the occupation of a 
 particular person is notice of the interest of that per- 
 son, and inquiry must be made as to the tenancy and 
 the agreement under which he holds {p). In fact, 
 whatever should put the purchaser or mortgagee on 
 inquiry is notice, and he would also be held to have 
 constructive notice in any case in which he has de- 
 signedly abstained from making inquiries for the pur-, 
 pose of avoiding notice {q). 
 
 Notice of a charge is notice of everything auxiliary 
 
 (V) Shaw V. Neale, 19 Jur. 666 ; (o) Hall v. Smith, 14 Ves. 433. 
 
 Rolt V. Hopkinson, 3 De G. & J. (p) Allen v. Anthony, 1 Mer. 
 
 177 ; 34 L. J. Ch. 468. 282 ; Meux v. Maltby, 2 Swanst. 
 
 (to) Wasnn v. Wareing, 15 Beav. 281 ; James v. Lichfield, L. R. 9 
 
 J51 Eq. 51 ; Cavender v. Bulteel, ib. 9 
 
 (n) Coppin v. Fernyhoiigh, 2 Br. Ch. 79 ; Phillips v. Miller, ih. 9 C. 
 
 C. C. 291 ; Eland v. Eland, 1 Beav. P. 196. 
 
 235 ; Davies v. Thomas, 2 Y. & C. (j) Jones v. Smith, 1 Hare, 55. 
 234 ; 16 Beav. 388. 
 
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Notice to 
 solicitor 
 notice to 
 client. 
 
 494 MOJRTGAGES. 
 
 to it, but if tlie same deed contains two charges of two 
 distinct properties, a notice given of one charge is not 
 notice of the other, (r). 
 
 As a general rule, a person is deemed to have notice 
 of all facts which come to the knowledge of his solicitor 
 in the course of the same transaction (s) ; but as the 
 doctrine is founded on the presumption that a solicitor 
 communicates such facts to his clients, it does not 
 apply where the fact with notice of which the client 
 is sought to be charged is one which the solicitor 
 would certainly conceal, as, e.g., a fraudulent act of 
 his own (t). When the mortgagor is himself a solicitor 
 and prepares the mortgage deed, the mortgagee em- 
 ploying no other solicitor, the mortgagor will be 
 considered the agent of the mortgagee in the trans- 
 action (u). 
 Priority It will be observed that neither the possession of the 
 
 by mort °^ legal estate nor priority in point of time will secure to a 
 fadils! mortgagee a preference over a subsequent mortgagee if 
 the former by his wilful negligence puts it in the power 
 of the mortgagor to commit a fraud on the latter. In 
 such a case the prior mortgagee has an inferior equity, 
 and although he may have the legal estate, wiU be 
 postponed to the subsequent mortgagee. 
 conse- It is the duty of a mortgagee to take care that the 
 
 moTt^ag^e title deeds are delivered to him, or at all events that 
 9uS?ngfor somc good and a,pparently sufficient reason is given for 
 their non-delivery, and if he omits all inquiry as to the 
 deeds, he incurs a double risk. First, he is liable to be 
 postponed to a prior equitable mortgagee holding the 
 deeds, on the ground of constructive notice, for had he 
 inquired for the deeds, such inquiry would probably have 
 led to the discovery of the prior mortgage; and secondly, 
 he will be postponed to a subsequent mortgagee, who may 
 advance his money in ignorance of the prior mortgage, 
 and to whom the deeds may be delivered on the ground 
 
 (r) Re Blight's Trusts, 21 Beav. Chelmsford, L. 0., in EspiiTw. Pem- 
 
 430. berton, 3 De G. & J. 554, as to the 
 
 (s) Lowther v. Carlton, 2 Atk. notice supposed to be received by a 
 
 242 ; Worsleyu. Earl of Scarborough, client through his solicitor. 
 
 3 Atk. 392 ; Hiem v. Mill, 13 Ves. (u) Hewitt v. Loosemore, 9 Hare, 
 
 120. 449 ; Espia v. Peraberton, 4 Drew. 
 
 («) Kennedy v. Green, 3 M. & K. 333. 
 699. But see the observations of 
 
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MORTGAGES. 495 
 
 that the negligence of such prior mortgagee in leaving 
 the deeds in the mortgagor's possession, has enabled or 
 assisted the latter to commit a fraud on the subsequent 
 mortofafifee (x). In Hewitt v. Loosemore (y), it was laid Hewuti-. 
 down that a legal mortgagee will not be postponed to a 
 prior equitable one on the ground of his not having got 
 the title deeds, unless there be on his part fraud, or gross 
 or wilful negligence, and the Court will not impute fraud 
 or gross or wilful negligence, if he has bond fide inquired 
 for the deeds, and a reasonable excuse has been given 
 for the non-delivery of them, but if he omits all inquiry 
 as to the deeds, then fraud, or gross or wilful negligence 
 will be imputed. 
 
 A mortgagee will not be postponed if he inquires for ^^ft^^"'" 
 certain deeds, and the mortofagor assures him that they negligence 
 
 ' ''.O • I \ T "^aato deeds. 
 
 do not relate to the estate in question (z). In a case 
 where the mortgagor borrowed the lease of the mort- 
 gagee, in order that he might see its contents, a pur- 
 chaser from the mortgagor did not gain priority over 
 the mortgagee, although he obtained possession of the 
 lease without notice of the incumbrance (a). But in a 
 case where a mortgagor asked the mortgagee for a loan 
 of the deeds for a particular purpose, and promised to 
 return them forthwith, but the mortgagee did not apply 
 for the deeds for four years, and the mortgagor in the 
 meantime raised a sum on the deposit of those deeds, it 
 was held that the first mortgagee had no equity against 
 the second mortgagee, as he had by his laches enabled 
 the mortgagor to commit a fraud (6). So where a 
 mortgagee of leaseholds lent the lease to the mortgagor 
 to enable him to raise money upon it, but at the same 
 time told the mortgagor to inform the person from whom 
 he proposed to borrow the money that the mortgagee 
 had a prior charge, the bankers who advanced money 
 on the security of a deposit of the lease without notice 
 of the first mortgage, were held to have priority over 
 that mortgage (c). 
 
 (s) Layard v. Maud, L. E. 4 Eq. (6) Waldion v. Sloper, 1 Drew. 
 
 397, and the cases there cited. 173. 
 
 {y) 9 Hare, 449. (c) Briggs v. Jones, L. E. 10 Eq. 
 
 z) Jones V. Smith, 1 Ph. 244. 92. See also Hunter v. Eawlius, 
 
 (a) Martinez v. Cooper, 2 Euss. L. E. 11 Eq. 292. 
 198, 
 
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496 MORTGAGES. 
 
 Hnch *■ -"-^ Golyer v. Finch id), a legal mortgage was executed 
 of an estate, and the solicitor who was acting for the 
 mortgagor and mortgagee, handed over to the latter 
 certain documents representing them to be the title 
 deeds, but which turned out to be false ; afterwards the 
 mortgagor sold the estate to a purchaser without notice 
 of the previous incumbrances ; and it was held that the 
 mortgagee's priority was not affected by the subse- 
 quent sale. In another case a solicitor mortgaged two 
 properties to his client and sent him a parcel of deeds,, 
 together with a memorandum to the effect that the 
 deeds related to both the properties comprised in the 
 mortgage. Subsequently the mortgagor sold one of 
 the properties to a purchaser for value without notice 
 of the mortgage, and handed over to him the title deeds 
 which related to this property, and which in fact the 
 mortgagor had never handed to the mortgagee. The 
 mortgagee relying 01:1 the truth of the memorandum 
 did not examine the parcel, and it was held that he 
 could not be postponed on the ground of non-possession 
 of the deeds, as there had not been fraud or wilful 
 negligence on his part in not obtaining them (e). So 
 , where a solicitor deposited certain title deeds with a 
 client by way of equitable mortgage, omitting the latter 
 deeds which showed the depositor's title, and he after- 
 wards deposited such later deeds with his bankers as 
 an equitable security, it was held that the client had 
 priority (/). In Espin v. Pemherton {g), the mort- 
 gagee, who was an articled clerk of the mortgagor, 
 asked for the deeds, and was put off by the latter saying 
 that he could not at the moment lay his hands upon 
 them, but that the mortgagee should have them ; and 
 he was not under the circumstances postponed to a prior 
 equitable mortgagee {h). And in a recent case an 
 equitable mortgagee, with whom some of the title deeds, 
 including the conveyance to the mortgagor, were de- 
 posited, filed a bill to establish his priority over a 
 
 (6) 5 Ho. of L. Cases, 905. Baker, 1 Giff. 241 ; Carter ii. Carter, 
 
 (e) Hunt V. Elmes, 28 Beav. 631. 3 K. & J. 615 ; Perry Herrick v. 
 
 (/) Koberts v. Croft, 2 De G. & . Attwood; 2 De G. & J. 21 ; Lloyd v. 
 
 J. 1. Attwood, 3 K. & J. 614 ; Hopkins 
 
 M 4 Drew. 33. v. Amery, 2 Giflf. 293 ; Dowle v. 
 
 (h) See also Atterbiiry v. Wallis, Saunders, 2 H. & M. 242 
 7 De G. M. & G. 454 ; Bayne v. 
 
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MORTGAGES. 497 
 
 subsequent legal mortgagee whose solicitor had omitted 
 to examine a parcel which was given him previously to 
 the execution of the mortgage deed, and purported to 
 contain all the title deeds, but contained only the 
 earlier deeds, and it was held that there was not such 
 negligence as to fix the legal mortgagee with notice of 
 the prior charge, and therefore that such legal mort- 
 gagee must have priority over the previous equitable 
 mortgagee (i). 
 
 Where a vendor conveyed without receiving his pur- indorsement 
 
 «/ ^ ^ _ o IT of receipt 
 
 chase-money, but the receipt of it was indorsed on the^^'owp"!-- 
 deed, and the title deeds were delivered to the purchaser, 
 who afterwards deposited the deeds by way of equitable 
 mortgage, and the mortgagee had no notice of the pur- 
 chase-money being unpaid ; it was held, as between the 
 vendor's Hen and the equitable mortgage, that the 
 possession of the title deeds and the fact of the in- 
 dorsement of the receipt on the deed, gave the mortgagee 
 the better equity (k). 
 
 Where the subject of an assignment is a chose in comb^ ^^ 
 action or personalty vested in a trustee, it is the duty of not giving 
 
 • •I'iiiiiiiiij.j. notice on 
 
 the assignee to gfive notice to the debtor or to tne trustee, assignments 
 
 1 1 t ' n t ijjl 1 -n of closes in 
 
 as the case may be, and it he neglects to do so, he will action, &c. 
 be postponed to a subsequent assignee for value who 
 takes this precaution. 
 
 As regards a legal chose in action, it is provided by f^^ij^^"'" 
 the "Judicature Act, 1873" (l), that any absolute as- ""yj™;^^' 
 signment by writing, under the hand of the assignor i*"- 
 (not purporting to be by way of charge only), of any 
 debt or other legal chose in action, of which express 
 notice in writing shall have been given to the debtor, 
 trustee, or other person from whom the assignor would 
 have been entitled to receive or claim such debt or 
 chose in action shall be, and be deemed to have been, 
 effectual in law (subject to all equities which would have 
 been entitled to priority over the right of the assignee 
 if this Act had not passed), to pass and transfer the 
 legal right to such debt or chose in action, from the 
 date of such notice, and all legal and other remedies for 
 
 (i) Ratcliffe v. Bumard, L. K. Newton v. Newton, L. E. 4 C. A. 
 
 6 Ch. 652. See also Dixon v. 143. 
 
 Muckleston, L. R. 8 Ch. 155. © 36 & 37 Vict. c. 66, sec. 25, 
 
 (k) Rice V. Rice, 2 Drew. 73 ; sub-sect. 6. 
 
 VOL I. ^ ^ 
 
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498 MORTGAGES. 
 
 the same, and the power to give a good discharge for the 
 same, without the concurrence of the assignor. There 
 is a proviso that if the debtor, trustee, or other person 
 liable in respect of such debt or chose in action, shall 
 have had notice that such assignment is disputed by the 
 assizor or any one claiming under him, or of any other 
 opposing or conflicting claims to such debt or chose in 
 action, he shall be entitled, if he think fit, to call upon 
 the several persons making claim thereto to interplead, 
 or he may pay the same into Court, under the " Trustee 
 Belief Acts." 
 
 As the interest of a cestui que trust is not a legal 
 chose in action, it is difficult to see how the above 
 enactment can apply to a trustee, and why the word 
 " trustee " is used. 
 
 The subject of notice on assignments of choses in 
 action and equitable interests is further discussed in the 
 . next section. 
 
 X. Some precautions to be observed by a person 
 advancing money on mortgage. 
 
 tfon'of®^ -^ mortgagee should make the same investigation of 
 6e^c™s ^^^ ^i^l® ^^'^ searches for incumbrances as a purchaser. 
 S-ances™" "^6 should also take care to satisfy himself that the 
 Value of property is of sufficient value. The ordinary rule is, 
 seoun y. ;^j^^^ ^j^^ mouey advauccd should not exceed two-thirds 
 of the value of the property if freehold lands of in- 
 heritance, but if the principal part of the property con- 
 sists of buildings, not more than Tialf its value should 
 be advanced on it. 
 SndiEga It is evident, from what has been stated in the 
 mortgage, former part of this Dissertation, that a person lending 
 money on the security of an- equity of redemption 
 incurs some risk. For example, the mortgagor may 
 have previously made equitable mortgages in addi- 
 tion to the first mortgage, all which equitable mort- 
 gages will have priority, on the principle of qui 
 prior est tempore potior est jure. Again, if the mort- 
 gagor should, after executing such second mortgage, 
 make a third mortgage, concealing from the third 
 mortgagee the existence of the second mortgage, the 
 third mortgage^ may, by paying off the first mort- 
 
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M0RT(JAGB8. 499 
 
 g^g^) gain a priority over the second, upon the prin- 
 ciple of tacking above explained. Again, the first 
 mortgagee may have a separate mortgage of other 
 property from the same mortgagor, for & separate 
 debt, or, not having such separate mortgage at the 
 time, he may subsequently obtain one by transfer or 
 otherwise, in either of which cases he is entitled to hold 
 both properties until both the debts are paid. 
 
 If, notwithstanding the above objections, the weight Precautions 
 of which depends in each case upon the circumstances, iiy a person 
 a person agrees to lend money on a second mortgage, mmey'on 
 he should inquire of the first mortgagee how much is Sgage. 
 due upon his security, and when the second mortgage 
 is completed, notice of it should be given to the first 
 mortgagee. Such notice wiU prevent him from tack- 
 ing any subsequent advance which he may make on 
 the security of the property, although the original 
 mortgage may be expressly made to cover future 
 advances (to). 
 
 Where the subject of the mortgage is a debt, or per- ^^°^ 
 sonalty vested in trustees, or a policy of assurance, ^o™°^"y 
 notice of the mortgage should be given to the debtor ^"3^"° 
 or trustees, or assurance office, as the case may be ; t™stees. 
 and if the subject of the mortgage is money to arise 
 from the sale or mortgage of land, notice should be 
 given to the trustees in whom the duty or power of 
 selling or mortgaging is vested, although the time of 
 sale or mortgaging may not have arrived {n). If 
 such notice is not given; the mortgagee will be post- 
 poned to a subsequent mortgagee who advances his 
 money without notice of the prior mortgage, and him- 
 self gives due notice of his own security (0). 
 
 Notice is also necessary as against the debtor or^o^^°|^ 
 trustee himself, for payment to the original creditor t^^i^^™*^ 
 will be a satisfaction of the debt, notwithstanding p»y>.°|, 
 that the creditor may have assigned it to another "'■editor. 
 for a valuable consideration, if the debtor has no 
 notice of such assignment ; and if the debtor has been 
 released in a general settlement of accounts,'instead of 
 
 (m) Kolt V. Hopkinson, 3 De G. & Fin. 456 ; Be Hughes' Trusts, 2 H. 
 
 J. 177. & M. 89. 
 
 (n) Lee v. Howlett, 2 Kay & Joh. (0) Loveridge v. Cooper, 3 Russ. 1. 
 501 ; Poster v. Cockerell, 3 CI. & 
 
 K K 2 
 
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500 MORTGAGES. 
 
 actually paying' the money, the , release is equally 
 eflfectual (p). 
 Notice The notice should be a formal notice, given by the 
 
 should Toe , i-iiu-ii- 
 
 a formal mortgagee or some one on his behali, or otherwise 
 trustee not acquired by the debtor or trustee in a^ formal and 
 iiSSmatton distinct manner. Thus, where a trustee became 
 obtained, aware of the insolvency of his cestui que trust by 
 reading in a newspaper an advertisement of a peti- 
 tion in the Insolvency Court, but he received no 
 formal notice of the insolvency from the assignee, and 
 ' afterwards the insolvent made a mortgage, notice of 
 which was duly given to the trustee by the mort- 
 gagee, it was held that the mortgagee had priority, 
 although, in fact, he made no inquiry of the trustee 
 before he advanced the money {q). And information 
 given casually in the course of conversation, even by 
 the assignee himself, would not amount to a notice (r). 
 : But a notice given by the assignor formally and dis- 
 tinctly, or in such a manner as to fix the person to 
 whom the notice is given with the consequences of 
 acting contrary to the knowledge he has thus acquired, 
 will be effective as against a trustee under a subse- 
 quent bankruptcy, although the assignee himself has 
 given no notice (s). 
 wetta '^^® ^^^^ ^^ 'to ^^^ necessity of notice, in order to 
 whlthef''' ^^^ priority, has been extended to assignees under the 
 necessary. Insolveut Acts, formerly in force (t), and it is appre- 
 hended that it also applies to trustees in bankruptcy, 
 so that a trustee in bankruptcy not giving notice to 
 the debtor or trustee of the fund, will be postponed 
 to a subsequent assignee for value, who has no notice 
 of the bankruptcy, but gives proper notice of his 
 assignment (u). 
 mX^ee Before advancing his money on the security of a 
 inqS^of chose in action or equitable interest in a fund vested 
 t^prio?' in trustees, a prudent mortgagee will, of course, in- 
 biares. quire of the debtor or trustee, and in case of a policy 
 
 (p) stocks V. Dobson, 4 De G. M. wards v. Martin, L. E. 1 Eq. 121. 
 
 ^r;^,' ■, t, , ^ W -Ea! parte Agra Bank, L. R. 3 
 
 (q) Lloyd V. Banks, L. R. 4 Eq. Ch. 555. 
 
 222 ; Brewer's Trusts, *. 5 Eq. («) In re AtHnson, 2 De G. M. & 
 
 88. G. 140. 
 
 (r) North British Company v. (m) /« re Barr's Trusts, 4 K. & J. 
 
 Hallett, 7 Jut. (N. S.) 1263 ; Ed- 219. 
 
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MORTGAGES. 501 
 
 of assurance, of the assurance office, whetlier notice has 
 been received of any prior incumbrance. If, how- 
 ever, he neglects to make such inquiry, but gives 
 notice of his own security, he will not, on account of 
 his neglect to inquire, be postponed to a prior incum- 
 brancer who has given no notice, because the inquiry, 
 if made, would not have given him the necessary 
 knowledge. 
 
 Previously to the Bankruptcy Act, 1869, a chose in Notice of 
 action, which was the subject of a mortgage, but of te^ 
 which no notice had been given to the debtor or 
 trustee, was, in the event of the bankruptcy of the as- 
 signor, deemed to be within his order and disposition, 
 with the consent of the true owner, and saleable ac- 
 cordingly in the bankruptcy (v). Notice at any time 
 before the bankruptcy was sufficient, although a long 
 time might have been permitted to elapse between the 
 execution of the equitable assignment and the giving 
 such notice (w). But it is now provided by the "Bank- 
 ruptcy Act, 1869 " (x), that things in action other than 
 debts due to the bankrupt in the course of his busi- 
 ness, shall not be deemed goods and chattels within 
 his order and disposition. It has been held that shares 
 in a Gas Company, standing in the bankrupt's name, 
 are not things in action within this section (y). But 
 in a case, where railway shares were standing in the 
 name of a first mortgagee, it was held that the mort- 
 gagor's interest in them was a chose in action, and con- 
 sequently that they were not saleable by the trustee in 
 bankruptcy as against a second mortgagee, who had 
 given no notice either to the company or to the first 
 mortgagee (z). So a debenture of a Joint-stock Com- 
 pany, by which the company undertakes to pay a sum, 
 
 (v) Ryall V. Kowles, 1 Ves. sen. 348. it was held that the notice which 
 
 Williams v. Thorp, 2 Sim. 257 ; Ee he had of the charge was siifficient. 
 
 Hughes' Trusts, ubi siiprd. Notice Ex parte Eogers, 8 De G. M. & G. 
 
 to the ofiBcial liquidator of the as- 271. 
 
 signment of a debt due from the (w) Re Pearse, ex parte Littledale, 
 
 company has been held to be suffi- 24 L. T. R. 318. 
 cient to protect the security as (x) 32 & 33 Vict. c. 71, s. 15. 
 against the subseqiient bankruptcy (y) Ex parte Union Bank of Maa- 
 
 of the assignees, L. R. 5 Eq. 284. chester, L. R. 12 Eq., 354. 
 
 In a case where the mortgagees («) Ex parte Baxij, h. E, 17 Eq. 
 were solicitors, and one of them 113. 
 was one of the trustees of the fund-, 
 
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502 MORTGAGES. 
 
 and to charge their undertaking and property with the 
 payment thereof, is a chose in action within the mean- 
 ing of the Act {a). 
 Notice It is not necessary to give notice to more than one 
 
 Bev™^° of the trustees, so long as the circumstances of the case 
 sSfflcient. remain unaltered by the death of that trustee, or his 
 
 ceasing to be a trustee or otherwise (6). 
 Effect of Where the assignor is himself one of the trustees, as 
 
 MBi'^or" well as one of the cestuis que trust, it has been held by 
 sd?a "*' Vice-Chancellor Kindersley, that a notice to such as- 
 signor is not sufficient, on the ground that he has a 
 motive for concealing the prior assignment from any 
 person to whom he may make a second assignment (c); 
 but in a more recent case {d), where on a mortgage by 
 a husband and wife of the wife's reversionary interest, 
 notice was given to the husband, he being one of the 
 trustees of the fund, it was held by Lord Westbury 
 that the notice was suflficient, as in deahng with a 
 trustee it was to be assumed that he would deal 
 honestly. It may, therefore, be considered settled, 
 that the fact of the assignor being himself the trustee, 
 does not affect the validity of the notice given to him. 
 Notice It is, however, in all cases, prudent to give notice to 
 
 given to all all the cxistlug trustees, for in case notice of an incum- 
 tmstees.'"^ brauce is given to one only of several trustees, and the 
 trustee 'to whom such notice is given dies, and after 
 his death a second incumbrancer, not having actual 
 knowledge of the first incumbrance, gives notice of his 
 security to the surviving trustees, the second incum- 
 brancer would by his notice gain a preference ; for in the 
 altered circumstances which the death of the trustee who 
 alone had notice of the first incumbrance introduces, 
 inquiry of all the existing trustees would not have led 
 the inquirer to a knowledge of the previous incum- 
 brance. 
 J^eTsiona ^^ ^ reversiouary fund is made the subject of settle- 
 fSie ^ ment, and a cestui que trust under such settlement should 
 
 subject of 
 settlement. 
 
 (a) In re Pryce, L. E. 6 0. D. Eq. 664. 
 
 685. (c) Brown v. Savage, 4 Drew. 
 
 (5) Smith V. Smith, 2 Cro. & M. 635. 
 
 231 ; Tenison v. Ramsbottom, 2 (d) Willes v. Greenhill, 29 Beav. 
 
 Keen, 35 ; Meux v. Bell, 1 Hare, 387, 393 j 31 L. J. (N. S.) Ch. 1 : 
 
 73, 97 ; Bridge v. Beedon, L. R. 3 In re Lewer, L. R. 1 C. D. 101, 
 
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MORTGAGES. 503 
 
 charge or otherwise dispose of his share, it will be pru- 
 dent for the assignee to give notice of the assignment, 
 not only to the trustees of the settlenaent, but also to the 
 trustees of the document under which the settlor became 
 entitled. 
 
 Where in the case of a sub-mortgage of a policy of Notioo^on 
 assurance the sub-mortgagee gave notice to the executor e<^^o{ 
 of a prior mortgagee, and not to the assurance office, and 
 the sub-mortgagor became bankrupt, such policy was 
 held to be in the order and disposition of the bankrupt, 
 and, as between the sub-mortgagee and the assignees, 
 to belong to the assignees (/). 
 
 The 30 & 31 Vict. c. 144, provides that no assign- so* 31 vie. 
 ment shall confer on the assignee a right to sue for the 
 policy moneys until a written notice in the form pre- 
 scribed by the Act is given to the Company at their 
 principal place of business, and that the date on which 
 such notice is received shall regulate the priority of all 
 claims under any assignment (g). 
 
 Notice before a fund has come into existence to a Effect ot 
 person who is merely a potential future trustee is in- ^^^°„^°^""'* 
 effectual. Thus notice of a covenant to pay to cove- '^l°^^- 
 nantees the proceeds of a commission in the army, given 
 to the army agent before any sale is actually made, is 
 ineffectual (h). 
 
 New trustees of trust funds in settlement are not J^^w^^us- 
 bound to inquire of the old trustees whether they have ,^^4*°, 
 received any notices of dealings by the cestuis que trust. ^^J^^^' 
 If, therefore, an assignee or incumbrancer of a cestui que J^^^yj^Y" 
 trust gives notice to the then trustees, and the latter retire ^^f 
 and do not pass on the notice to the new trustees, the "ran^s- 
 assignee or incumbrancer runs the risk of haying the 
 trust property distributed without reference to his claim. 
 In order to be safe, he must either put a distringas on 
 the funds, or have notice indorsed on the original trust 
 deed (i). 
 
 (/) Thompson v. Tomkins, 2 441 ; Somerset v. Cox, 33 L. J. Ch. 
 
 Drew. & Sm. 8. 490. 
 
 (q) Sees. 2, 3. W Ptipps v. Lovegrove, L. E. 
 
 (h) BuUer v. Plunkett, 1 J. & H. 16 Eq. 80. 
 
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504 MORTGAGES. 
 
 XI. The provisions of the 23 (h 24 Vict.c. 145, {com- 
 TYionly called "Lord CranwortKs Act") relating to 
 mortgages {k). 
 
 Preamble of The preamble of the above-mentioned Act recites that 
 it is expedient that certain powers and provisions which 
 it is now usual to insert in settlements, mortgages, wills, 
 and other instruments, should be made incident to the 
 estates of the persons interested, so as to dispense with 
 , the necessity of inserting the same in terms in every 
 
 foTOd l™"' ^^^^ instrument. The second part of the Act relates to 
 
 mortgagees mortgages, and makes incident to the office and estate of 
 a mortgagee powers m certain cases to sell, to msure 
 against fire, and to appoint or obtain the appointment of 
 a receiver. 
 
 Power of ijijj^Q power to sell is by the Act made exercisable at any 
 time after the expiration of one year from the time when 
 the principal money shall have become payable according 
 to the terms of the deed, or after any interest on such 
 principal money shall have been in arrear for six months, 
 or after any omission to pay any premium on any in- 
 surance which by the terms of the deed ought to be paid 
 by the person entitled to the property subject to the 
 charge (Z). The person to exercise the power is the 
 person to whom the mortgage money shall for the time 
 being be payable, his executors, administrators, or as- 
 signs (m). The Act provides that no sale shall be made 
 until after six months' notice in writing given to the 
 person or one of the persons entitled to the property 
 subject to the charge, or affixed upon some conspicuous 
 part of such property (w) ; and it also provides that the 
 person exercising the power of sale thereby conferred, 
 shall have power by deed to convey or assign to and vest 
 in the purchaser the property sold for aU the estate and 
 interest which the person who created the charge had 
 power to dispose of, with an exception applicable to 
 copyholds (o). 
 
 (J;) This Act is set out at length admmietrators, or assigns," ought to 
 
 in an Appendix. Tje omitted. 
 
 (0 Sec. 11. (n) Sec. 13. 
 
 (m) This expression is evidently (o) Sec. 15. 
 incorrect; the words "hii executors, 
 
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MORTGAGES. 505 
 
 A general objection may be made to the adoption oi^^f^l^ 
 the statutory power on the ground that it is desirable ^e"rtrttf 
 that a mortgagee should be able to ascertain without ^^"^"^ 
 looking beyond his own deed what are his powers and 
 remedies, particularly in relation to so important a part 
 of his security as a power of sale. But apart from this objSnJ. 
 general" objection, a few observations will be sufficient to 
 show that the statutory power differs from, and is in- 
 ferior to the power ordinarily inserted in mortgage deeds 
 in several particulars. 
 
 1. The statutory power cannot be exercised until the cmnotbe 
 expiration of one year from the time appointed by the lf^°^^ 
 deed for payment, and as that time is usually six months ordinary 
 
 X. w/ ' ^ _ f/ power. 
 
 from the date of the deed, a period of eighteen months 
 must elapse before a sale can be made ; whereas accord- 
 ing to the ordinary form a sale may be made at the 
 expiration of twelve months from the date of the deed, 
 provided the proper notice is given. 
 
 2. The statutory power cannot be exercised even if the 
 interest is in arrear, without giving six months' previous 
 notice, while, according to the usual power, notice is 
 not required if the interest is in arrear for a certain 
 time, usually three months. 
 
 3. The six months' notice required by the Act must 
 be given to the person, or one of the persons, entitled to 
 the property subject to the charge, or left upon some 
 conspicuous part of the property. In order to ascertain 
 who is the person to whom the notice is to be given, it 
 would be necessary for a mortgagee exercising the sta- 
 tutory power to inquire what dealings there have been 
 with the equity of redemption. It may happen that 
 after the mortgage, the mortgagor has settled the pro- 
 perty or created several incmnbrances thereon, or other- 
 wise dealt with it in such a manner as to vest it in various 
 persons for various interests. The expression in the Act, 
 " one of the persons entitled to the property subject 
 to the charge," is ambiguous, and in such a case, as 
 is above supposed, it might be a difficult question to de- 
 termine which of the several persons interested covld be 
 considered one of the persons entitled to the property 
 within the meaning of the Act, so as to make effectual a 
 notice served on such person only. Again, if the mort- 
 gagor should leave the country, it would nevertheless 
 
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506 MORTCIAGES, 
 
 seem necessary, according to the form in the Act, to 
 ascertain his residence, and serve him personally. 
 
 It is true that the difficulty above referred to might in 
 the case of a mortgage of land in possession be avoided 
 by leaving the notice upon some conspicuous part of the 
 property, but if the subject of the mortgage should be a 
 reversion expectant on a lease, ground rents, tithes, or 
 other incorporeal hereditaments, this mode of giving the 
 notice would be precluded. 
 
 According to the form adopted in this collection of 
 precedents, the notice may be given to the mortgagor, 
 or any one of his executors or administrators, or left at 
 his usual or last known place of abode in England or 
 Wales, or upon some part of the property, thus rendering 
 it unnecessary to ascertain the dealings with the equity 
 of redemption. 
 stetutoi^ The next power conferred by the Act is a power to 
 InS kte iiisure against fire, and which, like the power of sale, is 
 only to be exercised after certain events — one of such 
 events being the omission of the mortgagor to pay any 
 premium on insurance, which by the terms of the deed 
 he ought to pay. It is evident that, even if the Act is 
 relied on, the deed must contain the ordinary covenants 
 by the mortgagor to keep up the insurance, to pay the 
 premiums, and produce the receipts to the mortgagee, 
 so that the only saving effected by the adoption of the 
 Act would be the power, which only occupies a few 
 lines, enabling the mortgagee to insure in case of the 
 mortgagor's default. 
 Powerto The third statutory power conferred on the mort- 
 receiver. gagco, Is the power to appoint, or obtain the appoint- 
 ment of a receiver ; and in this respect the mortgagee 
 obtains an advantage by the mere operation of the Act, 
 which is not given to him by the terms of an ordinary 
 mortgage deed, unless the appointment of a receiver is 
 made a special condition on the agreement for the loan. 
 Advantage There is no reason why a mortgagee should deprive 
 mmOTt-* himself of this advantage by entirely negativing the 
 gagee. Operation of the Act ; and, indeed, where, but for the 
 statutory provision he would have expressly stipulated 
 for the appointment of a receiver, there is an advan- 
 tage in availing himself of the Act, which is worth 
 consideration. It is contended by many that the ordi- 
 
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MORTGAGES. 507 
 
 nary appointment of a receiver is in the nature of a 
 power of attorney, which would be revoked by the 
 death of the mortgagor as the donor of the power. If 
 the Act is reUed on, no question can be raised on this 
 point, as the mortgagee then possesses these receiver- 
 ship powers by virtue of the statutory provision that 
 the mortgagee shall possess them, and not in virtue 
 of any power conferred, or supposed to be conferred, on 
 the mortgagee by the mortgagor. 
 
 The practical conclusion to be derived from the above course re- 
 
 1 i- 'j_ij_'j' I'lij" J* commended 
 
 observations IS, that it is desirable to insert m every aa to Act. 
 mortgage deed a power of sale, and where the subject 
 of the mortgage consists of buildings, provisions for 
 insurance, as heretofore, but that it is not desirable to 
 negative the operation of the Act altogether. 
 
 Where the receivership clauses are considered to be Bf.«eiver- 
 important, it may be desirable to introduce such vana- 
 tions as are indicated in one of the Mortgage Prece- 
 dents, infrdj. 
 
 By reference to the 11th section it will be seen that Actappues 
 
 I** 'lA 1 I'l 1 mort- 
 
 the provisions in the Act apply only m the case where ^^^ 
 the money is secured by " deed," and where " here- "««*» ^y 
 ditaments " are the subject of security. 
 
 XII. Transfers and Reconveyances of Mortgages. 
 
 The usual form of a simple transfer of mortgage is — 5"^/°,™ 
 1st, an assignment of the mortgage debt ; and, 2ndly, of mort- 
 a conveyance of the property, which is the subject of 
 the mortgage, to the transferee, subject to the equity 
 of redemption subsisting under the mortgage deed, and 
 the transferor covenants that he has done no act to 
 prevent him from making the transfer. 
 
 As, untU lately, the mortgage debt, as secured by the f™^"' 
 mortgagor's covenant, was not assignable at law, it has ^^f^ 
 been usual and proper to insert in the transfer deed a ^°f <'™/ 
 power of attorney enabling the transferee to sue ioy the necessary. 
 debt in the name of the transferor ; but since it is now 
 provided by the Judicature Act, that an assignment of 
 a debt shall be effectual in law, if notice is given to 
 the debtor (p), a power of attorney seems no longer 
 
 ( p) 36 & 37 Vict. c. 66, sec. 25, sub-sect. 6. 
 
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508 MORTGAGES. 
 
 necessary, if the mortgagor is a party to the deed or 
 otherwise has notice of it. 
 Mortgagor A porson advancuig money on the security of a 
 made party transfer of a mortgage, should make the mortgagor a 
 to'admit tte party to the deed, if his concurrence can be obtained, 
 amoun ue. j^^ ^-^^ purpose of admitting that the mortgage money 
 remains due. In the absence of such admission the 
 transferee will take subject to the state of the account 
 between the mortgagor and the original mortgagee and 
 to all equities subsisting between them. 
 Form of If a further sum is at the time of the transfer ad- 
 
 transferee vanced by the transferee to the mortgagor, it is usual 
 further to convcy the property free from the old proviso for. 
 redemption, and subject to a new one with new cove- 
 nants for payment and a new power of sale, the old 
 mortgage debt being at the same time transferred as a 
 protection against mesne encumbrances (if any). Some- 
 times, however, the deed is made to take the form of 
 an ordinary transfer, followed by a covenant creating a 
 further charge for the new advance. 
 Plan to be Where copyholds are the subject of a mortgage, and 
 a transfer of there has been a conditional surrender of them to the 
 of copy- mortgagee, but (as is usual) no admittance on such sur- 
 render, the ordinary and proper mode of effecting a 
 transfer is for the mortgagor to make a new condi- 
 tional surrender to the transferee, satisfaction being at 
 the same time entered upon the old surrender. If, 
 however, the concurrence of the mortgagor cannot be 
 obtained, it is necessary, in order to vest the legal es- 
 tate in the transferee, that the transferor should be 
 admitted tenant on the original surrender, and should 
 then surrender again to the transferee, subject to the 
 mortgagor's right of redemption ; but this proceeding 
 would, in many cases, involve a heavy expense in the 
 way of fines and fees to the lord and steward, and to 
 avoid it a transferee may sometimes be advised to 
 accept a declaration of trust by the transferor of the 
 benefit of the original surrender. 
 ^tt&to Upon payment of principal, interest, and costs, the 
 -™ya™eo'a mortgagor is entitled to a reconveyance at his own 
 S^agl°' expense of the mortgaged property. If the mortgage is 
 dew. of freeholds, and the mortgagee has died intestate, the 
 
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MORTGAGES. 509 
 
 legal estate will have descended on his heir, who, until 
 a recent statute, would have been the proper person to 
 reconvey, and if he was an infant, it would have been 
 necessary to get a vesting order through the Court of 
 Chancery under the Trustee Act. But it is now enacted under 
 by the "Vendor and Purchaser Act, I874:"{q), that the Actiegai 
 legal personal representative of a mortgagee of a free- re]p?esenta- 
 hold estate, or of a copyhold estate to which the on pSSent 
 mortgagee shaU have been admitted, may, on payment secureTby'' 
 of all sums secured by the mortgage, convey or sur- "con^TCy.' 
 render the mortgaged estate, whether the mortgage be 
 in form an assurance subject to redemption, or an 
 assurance upon trust. 
 
 The above enactment does not prevent the devolu- ^"t prevent 
 tion of the legal estate on the heir or devisee, but only o?™^!*"" 
 confers on the personal representative a power to ^^^ °" 
 convey. It would appear, therefore, that a reconvey- 
 ance can now be made either by the heir or devisee, or 
 by the personal representative. 
 
 It is apprehended that the above enactment applies Act appues 
 not onlv to a reconveyance strictly so-called, i.e., a re- fere™"? 
 conveyance to the mortgagor himself, but to any case is paid otr. 
 where the mortgagee for the time being receives the 
 whole of the money, as, for example, a transfer of the 
 whole debt in consideration of the full amount paid by 
 the transferee to the transferor {r). It is moreover Applies, 
 considered to be retrospective, i.e., it applies to a case gageehas 
 where a mortgagee has died, and the money has been Act. 
 paid to his personal representative before the Act came 
 into operation, but the legal estate was left outstand- 
 ing by reason of the heir being unable to convey, so 
 that the legal personal representative may now perfect 
 the title. 
 
 Where the legal personal representative of a mort- ^f^^^ 
 gagee sells under the power of sale, it is apprehended ^°^|[^i'°"''' 
 
 (g) Sect. 4. judicial decision, and it is confi- 
 
 (r) It is right, however, to say dently submitted that the broader 
 
 that the Master of the Rolls ex- construction is the one which wiU 
 
 pressed a different opinion on an ultimately prevail, should the ques- 
 
 application to him for a vesting tion be brought before the Court and 
 
 order. See in re Brook's Mortgage, fuUy discussed. In the meantime, 
 
 25 W. R. 841. But an expression however, the point must be con- 
 
 of opinion on an ex parte application sidered as open to doubt, 
 of this kind cannot be treated as a 
 
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510 MOKTaAGES. 
 
 drtus°'° that he may under the Act convey the legal estate, if 
 satS- he admits on the face of the deed that his mortgage 
 sanbu. (jgi-,^ jg £^J2y. satisfied by the purchase-money, but not 
 
 otherwise. 
 Trustee Act, In cases where the legal estate has descended on an 
 infant, and the above enactment does not apply, it 
 wiU be necessary to obtain a vesting order under the 
 "Trustee Act, 1850 "(s). 
 Vesting Where a mortgagee becomes lunatic, a vesting 
 
 case of order must be obtained from the judges of the High 
 mortgagee. Court of Justice, or of the Court of Appeal, en- 
 trusted with the care of lunatics by the Queen's sign 
 manual (i). 
 mX° e Where the mortgage is of copyholds, and the mort- 
 Ifoids""^^' S^E^^ h^^ ^*^t been admitted, it is sufficient to enter up 
 Sfaction satisfaction on the Court rolls, and a warrant for this 
 entor"u pu^p*^^^ should bo giveu to the steward. If he has 
 unless ' been admitted, a surrender to the mortgagor will be 
 
 mortgagee o o 
 
 has teen necessarv. 
 
 admitted. x-vti ■ f> i f i • ■ 
 
 Where Where a mortgage is tor a term oi years only, it is 
 
 fo?^CTmr usual to have a surrender on the mortgage being paid 
 surrender ^g- . ^^^ ^ receipt iu fuU eudorsed on the deed will have 
 Sece^aaiy. the Same legal effect, as the term being satisfied by 
 
 payment will cease. 
 Mortgages of Where land has been registered under the " Land 
 re^^tered i^j-^nsfer Act, 1875," it can only be mortgaged so as to 
 confer on the mortgagee a good title against subsequent 
 purchasers or mortgagees, in the manner prescribed by 
 the Act and the Rules and Orders made in pursuance 
 thereof (38 & 39 Vict. c. 87, sees. 22 to 28). And a 
 deposit of the land certificate is by the Act made 
 equivalent to a deposit of title deeds so as to create an 
 equitable mortgage (sec. 81). 
 
 XIII. Stamps on mortgages, and deeds relating to 
 mortgages. 
 
 stamps on Bv the " Stamp Act, 1870 " (33 & 34 Vict. c. 97), MORTGAGE 
 bond, debenture, covenant, v^rarrant of attorney to confess and 
 enter up judgment, and foreign security of any kind ; 
 
 (s).13 & 14 Vict. 0. 60, sees. 7 6 ; 15 & 16 Vict. c. 87, sec. 16 • 38 
 & 8. & 39 Vict. c. 77, sec. 7. 
 
 (t) 13 & 14 Vict. c. eo, sees. 3 to 
 
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MORTGAGES, 
 
 511 
 
 (1.) Being the only or principal or primary- 
 security for — 
 
 Tlie payment or repayment of money not 
 
 exceeding £25 
 Exceeding £25 and not exceeding £50 
 50 „ 100 
 
 100 „ 150 
 
 150 „ 200 
 
 200 „ 250 
 
 250 „ 300 
 
 300 
 For every £100, and also for any fractional 
 part of £100, of such amount . 
 
 (2.) Being a collateral, or auxiliary, or ad- 
 ditional or substituted security, or by way of 
 further assurance for the above-mentioned 
 purpose, where the principal or primary se- 
 curity is duly stamped ; 
 
 For every £100, and also for any fractional 
 part of £100 of the amount secured . 
 
 (3.) Transfer, assignment, disposition, 
 or assignation of any mortgage, bond, deben- 
 ture, covenant, or foreign security, or of any 
 money or stock secured by any such instru- 
 ment, or by any waiTant of attorney to enter 
 up judgment, or by any judgment ; 
 
 For every £100 and also for any fractional 
 part of £100 of the amount trans- 
 ferred, assigned, or disponed 
 
 £ s. d. 
 
 
 
 
 1 
 
 (J 
 
 3 
 
 
 
 
 2 
 
 6 
 
 
 
 
 3 
 
 9 
 
 
 
 
 5 
 
 
 
 
 
 
 6 
 
 3 
 
 
 
 
 7 
 
 6 
 
 2 6 
 
 6 
 
 stamps on 
 transfers of 
 mortgages. 
 
 6 
 
 And also where any further sum of") 
 
 ,,,.., I The same dnty as a 
 
 added to the money y principal security for 
 
 money is 
 already secured 
 
 
 such fiirtlier money. 
 
 (4.) Reconveyance, release, discharge, sur- 
 render, resurrender, warrant to vacate or 
 renunciation of any such security as afore- 
 said, or of the benefit thereof, or of the 
 money thereby secured ; 
 
 stamps on 
 reconvey- 
 ance. 
 
 Digitized by Microsoft® 
 
512 MORTGAGES. 
 
 For every £100, and also for any frac- £ s, d. 
 
 tional part of £100, of the total ' 
 amount or value of the money at any 
 
 time secured 6 
 
 tion'of'terin '^'^® term " mortgage " means a security by way of mort- 
 gage for the payment of any definite and certain sum of money 
 advanced or lent at the time, or previously due and owing, or 
 forborne to be paid, being payable, or for the repayment of 
 money to be thereafter lent, advanced, or paid, or which may 
 become due upon an account current, together with any sum 
 already advanced or due, or without, as the case may be. 
 And includes : — 
 
 Conditional surrender by way of mortgage, further charge, 
 wadset, and heritable bond, disposition, assignation, or 
 tack in security, and eik to a reversion of or aifecting 
 any lands, estate, or property, real or personal, heritable, 
 or moveable, whatsoever. 
 
 Also any deed containing an obligation to infeft any 
 person in an annual rent, or in lands or other herit- 
 able subjects in Scotland under a clause of reversion, 
 but without any personal bond or obligation therein 
 contained for payment of the money or stock intended 
 to be secured. 
 
 Also any conveyance of any lands, estate, or property what- 
 soever in trust to be sold or otherwise converted into 
 money, intended only as a security, and redeemable 
 before the sale or other disposal thereof, either by express 
 stipulation or otherwise, except where such conveyance is 
 made for the benefit "of creditors generally, or for the 
 benefit of creditors specified, who accept the provision 
 made for payment of their debts in full satisfaction 
 thereof, or who exceed five in number. 
 
 Also any defeazance, letter of reversion, back bond, decla- 
 ration, or other deed or writing, for defeating or making 
 redeemable or explaining or qualifying any conveyance, 
 disposition, assignation, or tack of any lands, estate, or 
 
 Digitized by Microsoft® 
 
MORTGAGES. 513 
 
 property whatsoever, apparently absolute, but intended 
 only as a security. 
 
 Also any agreement, contract, or bond, accompanied with 
 a deposit of title deeds (t), for making a mortgage, 
 wadset, or any such other security or conveyance as 
 aforesaid, of any lands, estate, or property comprised 
 in such title deeds, or for pledging or charging the same 
 as a security. 
 
 And also any deed whereby a real burden is declared or 
 created on lands or heritable subjects in Scotland (u). 
 
 A security for the transfer or retransfer of any stock is to be Security for 
 
 •' , . •' stock, how 
 
 charged with the same duty as a similar security for a sum of '^"^^j 
 money equal in amount to the value of such stock ; and a 
 transfer, assignment, disposition, or assignation of any such 
 security, and a reconveyance, release, discharge, surrender, re- 
 surrender, warrant to vacate, or renunciation of any such secu- 
 rity, shall be charged with the same duty as an instrument of 
 the same description relating to a sum of money equal in 
 amount to the value of such stock (x). 
 
 (1.) A security for the payment or repayment of money to be security 
 lent, advanced, or paid, or which may become due upon an f;^™!J^''^j 
 account current, either with or without money previously due, is charged. 
 to be charged, where the total amount secured or to be ultimately 
 recoverable is in any way limited, with the same duty as a 
 security for the amount so limited. 
 
 (2.) Where such total amount is unlimited, the security is to 
 be available for such an amount only as the ad valorem duty 
 impressed thereon extends to cover. 
 
 (3.) Provided that no money to be advanced for the insur- pioviso. 
 ance of any property comprised in any such security against 
 damage by fire, or for keeping up any policy of life insurance 
 comprised in such security, or for effecting in lieu thereof any 
 new policy, or for the renewal of any grant or lease of any 
 property comprised in such security upon the dropping of any 
 
 (t) In a case where title deeds were deposited by way of security, 
 accompanied by a memorandum simply stating the purpose for which they 
 were deposited, it was held that the mortgage did not require a mortgage 
 stamp. Meek ■». Bayliss, 31 L. J. Ch. 448. 
 
 («)Sec.l05. (k) Sec. 106. 
 
 VOL. I. ^ ^ 
 
 Digitized by Microsoft® 
 
514 MORTGAGES. 
 
 life -whereupon such property is held, shall be reckoned as 
 forming part of the amount in respect whereof the security is 
 chargeable with ad valorem duty (y). 
 
 Security for A Security for the payment of any rent-charge, annuity, or 
 
 by'peiriodioai periodicjal payments by way of repayment or in satisfaction or 
 
 howto"bo discharge of any loan, advance, or payment, intended to be so 
 
 ^^^ ' repaid, satisfied, or discharged, is to be charged with the same 
 
 duty as a similar security for the payment of the sum of money 
 
 so lent, advanced, or paid (z). 
 As to No transfer of a duly stamped security, and no security by 
 
 and further -nrav of further charge for money or stock, added to money or 
 
 charges, ■' ^ ° '' ^ ^ *' 
 
 stock previously secured by a duly stamped instrument, is to be 
 charged with any duty by reason of containing any further or 
 additional security for the money or stock transfen-ed or pre- 
 viously secured, or the interest or dividends thereof, or any new 
 covenant, proviso, power, stipulation, or agreement in relation 
 thereto, or any further assurance of the property comprised in 
 the transferred or previous security (a). 
 
 As to copy- (1.) Where any copyhold or customary lands or heredita- 
 ments are mortgaged alone by means of a conditional surrender 
 or grant, the ad valorem duty is to be charged on the sur- 
 render or grant, if made out of Court, or the memorandum 
 thereof, and on the copy of Court Roll .of the surrender or 
 grant, if made in Court. 
 
 (2.) Where any copyhold or customary lands or hereditaments 
 are mortgaged, together with other property, for securing the 
 same money or the same stock, the ad valorem duty is to be 
 charged on the instrument relating to the other property, and 
 the surrender or grant, or the memorandum thereof, or the copy 
 of Court Roll of the surrender or grant, as the case may be, is to 
 be charged with duty as if the surrender or grant were not 
 made upon a mortgage, but such last-mentioned duty shall not 
 exceed the said ad valorem duty (6). 
 
 holds. 
 
 As to mort- An instrument chargeable with ad valorem duty as a mort- 
 c^eTanoe gage is not to be charged with any other duty by reason of the 
 
 of equity of ., j. j .• ,^ , , 
 
 redemption, equity 01 redemption on the mortgage property being thereby 
 
 (y) Sec. 107. (a) gee. 109. 
 
 (z) Sec. 108. (6) Sec. 110. 
 
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MORTGAGES. 515 
 
 conveyed or limited in a ny other manner than to, or in trust 
 foi", or according to the direction of, a purchaser (c). 
 
 Section 112 provides that the exemption (d) from stamp duty fj^fj^^" 
 conferred by the Act of the sixth and seventh years of King f^^^™^^ 
 William the Fourth, chapter thirty-two, for the regulation of ^^^"^"i' 
 Benefit Building Societies, shall not extend to any mortgage to restricted. 
 be made after the passing of this Act, except a mortgage by a 
 member of a Benefit Building Society, for securing the repay- 
 ment to the society of money not exceeding five hundred 
 pounds. The Act of William the Fourth is repealed by the 
 " Building Societies' Act, 1874 "(e), as regards any society ob- 
 taining a certificate of incorporation under the latter Act ; and 
 the same act (/) provides for the exemption from stamp duty 
 of all documents except mortgages. It would therefore appear 
 that mortgages to Building Societies incorporated under the 
 new Act require an ad valorem stamp, whatever may be the 
 amount secured thereby. 
 
 (c) Sec. 111. 
 
 (d) The exemption referred to is conferred by the 8th section of the 6 & 
 7 Wm. IV. c. 32, which enacts that no rules of any such society, or any copy 
 thereof, nor any transfer of any share or shares in any such society, shall be 
 subject to any stamp duty or duties whatsoever. 
 
 (e) 37 & 38 Vict. c. 42, sec. 7. (/) Sec. 41. 
 
 L L 2 
 
 Digitized by Microsoft® 
 
516 MORTGAGES. 
 
 No. I. 
 FMEH0LD3 MORTGAGE in Fee of Freeholds to one Person. 
 
 TO ONE. *^ 
 
 ^^^ — THIS INDENTURE, made the day of ■ , Between 
 
 A. B. of, &c. (mortgagor), of the one part, and C. D. of, &c. 
 
 ^Sent (inortgagee) of the other part : Whereas the said C. D. hath 
 
 gag™""^ agreed to lend to the said A. B. the sum of £ , on having 
 
 the repayment thereof with interest secured to him in the 
 
 Witnessing manner hereinafter expressed : NOW THIS INDENTURE 
 
 part. ^ 
 
 WITNESSETH, that in pursuance of the said agreement, and 
 
 tion*'**'^*' ^'^ consideration of the sum of £ , now paid to the said A. B. 
 
 by the said C. D., the receipt whereof the said A. B. doth hereby 
 
 acknowledge, and from the same doth hereby release the said 
 
 C. D., The said A. B. doth hereby grant unto the said C. D. 
 
 Conveyance his heirs and assigns. All, &c. ( parcels, general words, and all 
 
 gl^Toi the estate, supra, p. ), To have and to hold the heredita- 
 
 to mort- ments and premises hereby granted, or expressed so to be, unto 
 
 ^^^' and to the use of the said C. D., his heirs and assigns, for ever, 
 
 subject to the proviso for redemption next hereinafter contained 
 
 Proviso for (that is to Say) : Provided always, that if the said A. B., his 
 
 heirs, executors, administrators, or assigns, shall, on the day 
 
 of next, pay to the said C. D., his executors, administrators, 
 
 or assigns, the sum of £ , with interest for the same after the 
 
 rate of £ per cent, per annum, computed from the date of 
 
 these presents, then and in such case the hereditaments and 
 premises hereby granted, or expressed so to be, shall at any time 
 thereafter, at the request and cost of the said A. B., his heirs or 
 assigns, be reconveyed to him or them, or as he or they shall 
 Covenant by direct : And THE SAID A. B. doth hereby for himself, his heirs, 
 to°pafprin- executors, and administrators, covenant with the said C. D., his 
 
 Sterest. exocutors, administrators, and assigns, that he the said A. B., his 
 
 heirs, executors, administrators, or assigns, will, on the day 
 
 of next, pay unto the said C. D., his executors, administra- 
 tors, or assigns, the sum of £ , with interest for the same 
 
 after the rate of £ per cent, per annum, computed from the 
 
 date of these presents : And if the said sum of £ shall not 
 
 be paid on the said day of next, then will pay to him 
 
 or them interest thereon after the rate aforesaid, by equal half- 
 yearly payments, on the day of and the day of 
 
 — ; — in every year, until the same sura shall be fully paid (a) : 
 
 (a) If not thus extended, there is a difficulty in proceeding upon this 
 covenant for interest which may accrue subgec[uent to the time ap- 
 
 Digitized by Microsoft® 
 
MORTGAGES. 517 
 
 FREEHOLDS 
 TO ONE 
 
 And the said A. B. doth hereby for himself, his heirs, exe- 
 cutors, and administrators, covenant with the said C. D., his . 
 heirs and assigns, that he the said A. B. now hath good right to Sirt^or 
 grant the hereditaments and premises hereby granted, or ex-e"uve^**" 
 pressed so to be, unto and to the use of the said C. D., his heirs 
 and assigns, in manner aforesaid : [And that if default shall be for quiet 
 
 - , '- enjoyment 
 
 made m payment of the said sum of £ , or the interest »'*?■■ „ 
 
 ^ n default 
 
 thereof, or any part thereof, on the day of next, the 
 
 said C. D., his heirs and assigns, may at any time thereafter 
 enter into and upon the said hereditaments and premises, and 
 shall thenceforth quietly possess and enjoy the same, and receive 
 the rents and profits thereof, without any lawful eviction, in- 
 terruption, claim, or demand from or by any person or per- 
 sons whomsoever : And thatI (6) free from incumbrances : freedom 
 
 -• ** ' from mcuui- 
 
 And fukthee, that he the said A. B., and all other persons trances, 
 having, or lawfully or equitably claiming, any estate or further 
 interest in the said hereditaments and premises, or any part "^^ 
 thereof, shall and will, from time to time, and at all times here- 
 after, at his or their own cost during the continuance of this 
 security, and afterwards at the cost of the person or persons 
 requiring the same, do and execute, or cause to be done and 
 executed, all such acts, deeds, and things, for further and more 
 perfectly assuring the said hereditaments and premises unto and 
 to the use of the said C. D., his heirs and assigns, in manner 
 aforesaid, as shall or may be reasonably required (c) : And it Power of 
 IS HEREBY AGBEED AND DECLARED, that it shall be lawful for 
 the said 0. D., his executors, administrators, or assigns, at any 
 time or times, without any further consent on the part of the 
 said A. B,, his heirs or assigns, to sell the hereditaments and 
 premises hereby granted, or expressed so to be, or any part or 
 parts thereof, either together or in lots, and either by public 
 auction or private contract, and either with or without special 
 conditions or stipulations relative to title or otherwise, with 
 power to buy in at sales by auction, and to rescind contracts for 
 sale, and to resell without being answerable for any loss or dimi- 
 nution in price, and with power also to execute assurances, give 
 effectual receipts for the purchase-money, and do all other acts 
 
 pointed ty the proviso for repayment of the debt, without calling in the 
 principal. 
 
 (6) The words within brackets may be safely omitted in a mortgage for the 
 sake of brevity. 
 
 (c) If the mortgaged property, or a substantial part thereof, consists of 
 buildings, a covenant for insurance against fire should be added. See Pre- 
 cedent No. III. infra. 
 
 Digitized by Microsoft® 
 
518 MORTGAGES. 
 
 FREEHOLDS 
 TO OHE. 
 
 and things for completing the sale, which the said C. D., his 
 
 executors, administrators, or assigns, shall think proper : And 
 
 ?nraste'ot ^'^ IS HEREBY AGREED AND DECLARED, that the said C. D., his 
 
 nwney!^°' executors, administrators, or assigns, shall with and out of the 
 
 moneys to arise from any such sale as aforesaid, in the first 
 
 place pay and retain the costs and expenses attending such sale, 
 
 or otherwise incurred in relation to this security, and in the next 
 
 place pay and satisfy the moneys which shall then be owing upon 
 
 the security of these presents, and shall pay the surplus (if any) 
 
 Power to tie ^o the Said A. B., his heirs or assigns (d) : Provided always, 
 
 oDiy^ircase ^^^ i* is hereby agreed and declared, that the power of sale 
 
 paymSt* '° hereinbefore cpntained shall not be exercised unless default shall 
 
 or'of interest he made in payment of the said principal sum of £ , or the 
 
 anear™ interest thereof, or some part thereof respectively, on the said 
 day of , and also for the space of six calendar months 
 
 next after a notice in writing requiring such payment shall by 
 
 or on behalf of the said C. D., his executors, administrators, or 
 
 assigns, have been given to, or left at the usual or last known 
 
 place of abode, in England or Wales, of the said A. B., or one of 
 
 his executors or administrators, or left upon or affixed to some 
 
 part of the land hereby granted, or some building thereon, or 
 
 unless default shall be made in some half-yearly payment of 
 
 interest, or some part thereof, for the space of three calendar 
 
 months after the time hereby appointed for such payment : 
 
 Purchaser PROVIDED ALSO, and it is hereby declared that no purchaser 
 
 to inqui?6 upon any sale under the power hereinbefore contained, shall be 
 
 fluit, &C. bound or concerned to see or inquire whether any such default 
 
 has been made, or whether any such notice has been given, or 
 
 left or aflSxed as aforesaid, or otherwise as to the necessity or 
 
 propriety of such sale, or be affected by notice that no such 
 
 default has been made, or notice given or left or affixed as afore- 
 
 Powermay ^^^^' °^ ^^^^ *^® ®^^® ^® otherwise unnecessary or improper : And 
 
 byanype?-* ^'^ ^^ HEREBY DECLARED, that the power of Sale hereinbefore 
 
 to giv'e™^* contained, may be exercised by any person or persons for the 
 
 for°Sgaget™e being entitled to receive and give a discharge for the 
 
 money. 
 
 Surplus {d) The surplus moneys should be limited to the mortgagor, his heirs, or 
 
 moneys. assigns, because it is no part of a mortgage unnecessarily to deprive the 
 lands of their character as real estate. I± a sale under the power takes place 
 after the death of the mortgagor, his heir, or his devisee of the land, would 
 be entitled to the surplus proceeds, and the effect would be the same, 
 although thejr may be directed by the mortgage deed to be paid to the 
 mortgagor, his executors, administrators, and assigns. In re Clark's Trust, 
 22 L. J. (Ch.) 230 ; Wright v. Rose, 2 Sim. & Stu. 323 ; Hardy v. Felton, 
 l4 L. T. 346 ; Bourne v. Bourne, 2 Hare, 35 ; see and consider In re Under- 
 wood, 3 K. & J. 745. 
 
 Digitized by Microsoft® 
 
MORTGAGES. 519 
 
 FREEHOLDS 
 
 moneys for the time being owing on the security of these pre- 
 sents, and that if the legal estate in the said hereditaments and "mome? 
 premises shall devolve upon or otherwise become vested in any 
 person or persons other than the person or persons hereby 
 authorised to exercise the said power of sale, the person or 
 persons, in whom such legal estate shall for the time being be 
 vested, shall execute such assurances for the purpose of com- 
 pleting any sale made under the said power, as the person or 
 persons by whom such sale shall be made shall direct: Pro- Power to be 
 VIDED ALWAYS, and it is hereby declared, that the power of beZtett" 
 sale hereinbefore contained, shall be deemed to be substituted stetuto?^ 
 for the power of sale conferred on mortgagees, by an Act of ^^°^' 
 Parliament passed in the 24th year of the reign of Her present 
 Majesty, intituled " An Act to give to trustees, mortgagees, and 
 others, certain powers now commonly inserted in settlements, 
 mortgages, and wills," and shall take effect in all respects as if 
 the said Act had not been passed (e).] 
 
 No. II. 
 
 MORTGAGE in Fee of Freeholds. (A short form.) MonTOAnE 
 THIS INDENTURE, made the day of , Between ^**^i.„™. 
 
 A. B. of, &c. (mortgagor), of the one part, and C. D. of, &c. Parties. 
 (mortgagee), of the other part, WITNESSETH, that in con- 
 sideration of the sum of £ to the said A. B. now paid by 
 
 the said 0. D., the receipt whereof the said A. B. hereby 
 acknowledges, the said A. B. (hereinafter called " the mort- conveyance 
 gagor,") hereby grants unto the said C. D. (hereinafter called wjr^Jj^, 
 " the mortgagee ") and his heirs. All, &c. (parcels), with 
 all easements, rights, and things appurtenant, or reputed 
 as appurtenant, thereto : And ALL the estate and interest 
 
 (e) This proviso may be safely omitted. If it is wished to negative the 
 operation of the Act altogether (which is not recommended as a general rule, 
 see suprd, p. 507), the following clause may be used : — 
 
 " Provided always, and it is hereby declared, that none of the 
 powers or incidents conferred on or annexed to the office or 
 estate of a mortgagee by an Act passed in the 24th year of the 
 reign of Her present Majesty, intituled ' An Act to give to 
 trustees, mortgagees, and others, certain powers now commonly 
 inserted in settlements, mortgages, and wills,' shall take effect 
 by virtue of such Act, with respect to the office or estate of a 
 mortgagee hereby created." 
 
 Digitized by Microsoft® 
 
520 
 
 MORTGAGES. 
 
 MORTGAGE 
 IN FEE. 
 
 (Short 
 
 Proviso for 
 redemptioD. 
 
 Covenant 
 to pay- 
 principal 
 and interest. 
 
 Covenants 
 for title. 
 
 Power of 
 
 Declaration 
 of trusts of 
 purchase- 
 money. 
 
 Power not 
 to be exer- 
 cised until 
 after six 
 months' 
 notice, or 
 default in 
 payment of 
 interest. 
 
 of the mortgagor therein : To HOLD the same unto and to 
 the use of the mortgagee, his heirs and assigns : Provided 
 
 ALWAYS, that if the sum of £ , with interest thereon, 
 
 shall he paid on the day of next, pursuant to the 
 
 mortgagor's covenant next hereinafter contained, the said here- 
 ditaments shall, at the request and cost of the mortgagor, 
 his heirs or assigns, be reconveyed to him or them : And the 
 mortgagor hereby covenants with the mortgagee to pay to him 
 
 the sum of £ on the day of next, with interest 
 
 thereon after the rate of £ per cent, per annum, computed 
 
 from the date hereof, and also (if the said principal sum shall 
 not be paid on that day) to pay interest thereon half-yearly, on 
 
 the day of and the day of , until the said 
 
 principal sum shall be fully paid : And the mortgagor further 
 covenants with the mortgagee, his heirs and assigns, that the 
 mortgagor now hath good right to grant the said hereditaments 
 in manner aforesaid, free from incumbrances : And that he 
 and all other persons (if any) having an interest in the said 
 hereditaments, will at his or their own cost during the continu- 
 ance of this security, and afterwards at the cost of the person or 
 persons requiring the same, do and execute, or cause to be done 
 and executed, all such acts, deeds, and things for further assur- 
 ing the said hereditaments unto and to the use of the mortgagee 
 his heirs and assigns, as by him or them shall be reasonably 
 required : And it is hereby declared, that the mortgagee, 
 his executors, administrators, or assigns, may at any time with- 
 out any further consent sell the hereditaments hereby granted^ 
 or any part thereof, either together or in lots, and either by 
 public auction or private contract, and either with or without 
 special stipulations as to title or otherwise, and may buy in at 
 sales by auction, and rescind contracts for sale, and resell, and 
 may also execute assurances, give receipts for the purchase- 
 money, and do all other things for completing the sale which 
 may be thought fit, and shall, out of the sale moneys first pay 
 the costs and expenses of such sale, or otherwise incuired in 
 relation to this security, and secondly, pay the moneys which 
 shall then be owing upon this security, and shall pay the surplus (if 
 any) to the mortgagor, his heirs or assigns: Provided always, 
 that the foregoing power of sale shall not be exercised unless 
 
 default shall be made in payment of the said sum of £ , or 
 
 the interest thereof, or some part thereof, on the said day 
 
 of , and also for six calendar months after a written notice 
 
 requiring payment thereof shall have been given to or left at 
 
 Digitized by Microsoft® 
 
MORTGAGES. 521 
 
 MORTGAGE 
 IN FEE. 
 
 the usual or last known place of abode in England or Wales of 
 the said A. B., or one of his executors or administrators, or left '•^''^pann.) 
 upon or affixed to some part of the said hereditaments, or unless 
 default shall be made in some half-yearly payment of interest 
 for three calendar months after the time hereby appointed for 
 such payment : Provided also, that no purchaser upon any ^"■''=''''^'='' 
 sale under the aforesaid power shall be concerned to see or^^^'^^^'by 
 inquire whether any such default has been made, or whether proviso, 
 any such notice has been given or left or aflfixed as aforesaid, or 
 otherwise as to the necessity or propriety of such sale, or be 
 affected by notice that no such default has been made, or notice 
 given, or left or afiSxed as aforesaid, or that the sale is otherwise 
 unnecessary or improper. 
 In witness, &c. 
 
 No. III. 
 MORTGAGE in Fee of a Dwelling-House and of dwell 
 
 •' INO-HOUSE, 
 
 Buildings with Provisions for Insurai^ce against with tbo 
 
 •^ •' VISIONS FO 
 
 VISIONS FOa 
 ^ ^"^- TO ONE. 
 
 THIS INDENTURE, made the day of , Between Parties. 
 
 A. B. of, &c. (mortgagor), of the one part, and C. D. of, &c. 
 (mortgagee), of the other part (the same as Precedent No. I- 
 down to the end of the covenants for payment of principal and 
 interest) : And also that he the said A. B., his heirs, executors, coveuant 
 
 ' . 1 • 1. * insure 
 
 administrators, or assigns, will at all times durmg the contmu- against arc, 
 ance of this security keep the messuage and buildings hereby 
 granted, or expressed so to be, insured from loss or damage by 
 fire, in the name or names of the said C. D., his executors, admi- 
 nistrators, or assigns, in the sum of £ at the least, in the , 
 
 Insurance Office, or in some other office for insurance to 
 
 be approved of by him or them: And will duly pay all^^^^P^^. 
 premiums and sums of money payable for that purpose, and 
 will deliver to the said C. D., his executors, administrators, or 
 assigns, the receipt for every such payment within seven days 
 after it shall become due : And that in case the said A. B., his t^*^"^^ 
 heirs, executors, administrators, or assigns, shall neglect or refuse ^?^l%^ 
 to keep the said messuage and buildings, or any of them, insured ^^^"[g^., 
 to the amount aforesaid, or to deliver such receipt as aforesaid, ^t"-"^^' 
 then'and in every such case it shall be lawful for the said 0. D., 
 his executors, administrators, or assigns, to insure the said 
 
 Digitized by Microsoft® 
 
522 MOJRTGAGES. 
 
 or DWELL- 
 ING-HOnSE, 
 WITH PRO- 
 VISIONS FOR 
 
 messuage and buildings, or any of them, to the amount afore- 
 said, or to any less amount, and all sums of money expended by 
 ""to"^™' him or them in or about such insurance as aforesaid, with inte- 
 rest for the same, at the rate of £o per cent, per annum, com- 
 puted from the time or respective times of advancing the same, 
 shall be repaid to him or them by the said A. B., his heirs, 
 audthathe- exccutors, or administrators on demand, and in the meantime 
 are to be a shall be a charge on the hereditaments and premises hereby 
 moneys so granted, or expressed so to be, in addition to the said principal 
 
 Tiy moi-t- sum of £ , and the interest thereof : And it is hereby 
 
 Deoiara- AGREED and declared, that all sums of money received under or 
 monies to ^J virtue of any such insurance as aforesaid, shall, at the option 
 fo/suc™'^ of the said G. D., his executors, administrators, or assigns, either 
 insurance. ^^ forthwith applied in or towards substantially rebuilding, rein- 
 stating, and repairing the said premises, or in or towards the 
 payment of the principal money and interest for the time being 
 remaining due on the security of these presents, (a) (Covenants 
 for title, power of sale, and provisions in reference thereto, as in 
 Precedent No. I., to the end). 
 In witness, &c. 
 
 (a) AUernatwe form of covenant for insurance against fire. 
 
 Alternative And" ALSO, that the Said A. B., his heirs, executors, adminis- 
 i°Jj™™*g'™ trators, or assigns will during the continuance of this security 
 against Are. keep the mossuage and buildings hereby granted, or expressed 
 so to be, insured against loss or damage by fire to the full value 
 thereof in some respectable insurance office approved by the said 
 C. D., his executors, administrators, or assigns, and will duly 
 pay all premiums and sums of money payable for that purpose, 
 and will on demand produce to the said C. D., his executors, 
 administrators, or assigns, the policy or policies of such insur- 
 ance, and the receipt for every premium payable in respect 
 thereof ; And THAT if the foregoing covenant shall not be duly 
 observed, then the said C D., his executors, administrators, or 
 assigns, shall be at liberty to insure the said messuage and 
 buildings to such an amount not exceeding the value thereof as 
 he or they shall think fit, and all moneys expended by him or 
 them in or about such insurance as aforesaid, with interest 
 thereon after the rate of £5 per cent, per annum, computed 
 from the time of expending the same, shall be repaid to him or 
 them by the said A. B., his heirs, executors, or administrators 
 on demand, and in the meantime shall be a charge on all the 
 hereditaments hereby granted, or expressed so to be, in addition 
 to the money hereby originally secured : And it is declared, 
 that all' sums of money received under any such insurance shall 
 be laid out in reinstating the premises in respect of which the 
 same shall have been received. 
 
 Digitized by Microsoft® 
 
MORTGAGES. 523 
 
 No. IV. 
 
 MORTGAGE in Fee with Provisions for Reducing fob time 
 
 CERTAIN, 
 
 the rate of Interest in case of Punctual Pat- ■"'T" k^- 
 
 •^ *^ DUCTION OF 
 
 ment, and for continuing the Loan for a Time istekest on 
 Certain (a). •myment. 
 
 THIS INDENTURE, made the day of , Between 
 
 A. B. of, &c. (mortgagor), of the one part, and C. D. of, &c. 
 (mortgagee), of the other part (the same as Precedent No. I. 
 or No. III., adding at the end of the covenant for payment of 
 interest the following) : Provided always, and it is hereby .Proviso^for 
 agreed and declared, that if, and whenever a half year's interest ?f interest 
 
 ° ' ' •'in case of 
 
 for the said principal sum of £ , after the rate of £4 per p^^'^^^' 
 
 cent, per annum, shall be paid upon the half yearly day here- 
 inbefore appointed for payment of interest, or within one 
 calendar month thereafter, the said 0. D., his executors, ad- 
 ministrators, or assigns, shall accept the same in lieu of and in 
 satisfaction for the interest after the rate of £5 per cent, per 
 annum, payable for that half year under the covenant in that 
 behalf hereinbefore contained, but without prejudice to his or 
 their right to require payment of interest after the higher rate 
 for any half year in which interest shall not be paid within the 
 time aforesaid (b) (Covenants for title, and power of sale and 
 provisions in reference thereto as in Precedent No. I.) : Pro- 
 vided ALWAYS, and it is hereby further agreed and de- Proviso 
 
 ' y _ ° _ that mort- 
 
 clared, that if the said A. B., his heirs, executors, adminis- b'««« ?!»?ii 
 
 ' ' ' ' not call in 
 
 trators, or assigns, shall for the term of years, computed ™™^y '""^ 
 
 from the date of these presents, duly pay to the said C. D., his 
 executors, administrators, or assigns, interest for the said prin- 
 cipal sum of £ , after the rate aforesaid, upon the several 
 
 half-yearly days hereinbefore appointed for payment of interest, 
 or within one calendar month after the same days respectively 
 [and shall also duly observe and perform the covenants herein- 
 before contained for keeping the said premises insured against 
 
 (a) It must not be supposed that where there is a provision for reducing 
 the rate of interest on punctual payment, it is always accompanied by a 
 provision for continuing the loan for a time certain, or vice versd. On the 
 contrary, one is often inserted without the other. 
 
 (6) See p. 463, swprd. 
 
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524 MORTGAGES. 
 
 certain' ^°^® °^ damage by fire], then and in such case the said C. D., 
 his executors, administrators, or assigns, shall not, nor will call 
 in or take steps to enforce payment of the said principal sum, 
 or any part thereof, before the expiration of the said term of 
 
 CERTAIN, 
 WITH RE- 
 DUCTION OF 
 INTEREST ON 
 PUNCTUAL 
 PAYMENT. 
 
 puichase*''*' years; But so that upon any sale made under the aforesaid 
 
 aSed by° power in that behalf before the expiration of the said term of 
 
 proviso. years, the purchaser shall not be bound or concerned to 
 
 see or inquire whether such sale is consistent with this proviso, 
 
 nor be affected by notice that the same is made in breach 
 
 Proviso that thereof : Provided also, and it is hereby further agi-eed and 
 
 mortgagor ^ ' ^ '* ^ ^ ° 
 
 shall not declared, that the said A. B., his executors, administrators, or 
 
 pay off ' ' ' ' 
 
 fore end 6f ^'Ssigns, shall not be at liberty to pay off the said principal sum 
 
 term. ^f ^ qj. gj^y -ggxi thereof, before the expiration of the said 
 
 term of years, computed from the date of these presents, 
 
 unless the said 0. D., his executors, administrators, or assigns, 
 shall be willing to receive the same earlier, nor to pay the same 
 on the expiration of the said term without giving the usual six 
 months' notice of intention so to do. 
 In witness, &c. 
 
 No. V. 
 
 FREEHOLDS MOKTGAGE in fee of Freeholds to persons Lending 
 SEVERAL. Money on a Joint Account. 
 
 Parties. THIS INDENTUKE, made, &C., Between A. B. of, &c. {mort- 
 gagor), of the one part, and C. D. of, &c., E. F. of, &c., and G. H. 
 Agreement of, &c. (mortgagees), of the other part : Whereas the said C. D., 
 g^™" E. F., and G. H. have agreed to lend to the said A. B. the sum 
 
 of £ , upon having the repayment thereof, with interest, 
 
 secured in the manner hereinafter expressed : NOW THIS 
 INDENTURE WITNESSETH, that in pursuance of the said 
 
 considera- agreement, and in consideration of the sum of £ now paid 
 
 *'°°- to the said A. B. by the said C. D., E. F., and G. H. out of moneys 
 
 belonging to them on a joint account in equity as well as*at 
 
 law, the receipt whereof the said A. B. doth hereby acknowledge, 
 
 and from the same doth hereby release the said C. D., E. F., 
 
 Mortgagor and G. H., The said A. B. doth hereby grant unto the said 
 
 PMoeia 0. D., E. F., and G. H., their heirs and assigns. All, &c. {parcels. 
 
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MORTGAGES. 525 
 
 general words, and all the estate, d-c.) : To have and to hold ™™ho"'« 
 the hereditaments and premises hereby granted, or expressed ''^^'^'- 
 so to be, unto and to the use of the said C. D., E. F., and G. H., |° "°* 
 their heirs and assigns, subject to the proviso for redemption 
 next hereinafter contained (that is to say) : Provided always, Pro\nso for 
 
 ■ci •i»-r>i'T- !•• redemption. 
 
 that if the said A. B., his heirs, executors, administrators, or 
 
 assigns, shall, on the day of next, pay to the said 
 
 0. D., E. F., and G. H., or the survivors or survivor of them, 
 or the executors or administrators of such survivor, their or his 
 
 assigns, the sura of £ with interest for the same after the 
 
 rate of £ per cent, per annum, computed from the date of 
 
 these presents, then and in such case the hereditaments and 
 premises hereby granted, or expressed so to be, shall at any 
 time thereafter, at the request and cost of the said A. B., his 
 heirs and assigns, be reconveyed to him or them, or as he or 
 thev shall direct : And the said A. B. doth hereby for him- covenant 
 
 , 1 . . . , , l>y mort- 
 
 self, his heirs, executors, and administrators, covenant with the gagor t" 
 
 ' pay pnn- 
 
 said C. D., E. F., and G. H., their executors, administrators, and cipatand 
 
 ' ' ^ ' ^ _ ' \ ^ interest. 
 
 assigns, that he the said A. B., his heirs, executors, adminis- 
 trators, or assigns, will, on the day of next, pay to 
 
 the said C. D., E. F., and G. H., or the survivors or survivor of 
 them, or the executors or administrators of such survivor, their or 
 
 his assigns, the sum of £ , with interest for the same after the 
 
 rate aforesaid, and if the said sum of £ shall not be paid on 
 
 the said day of next, then will pay to them or him 
 
 interest thereon after the rate aforesaid, by equal half-yearly pay- 
 ments on the day of and the day of in every 
 
 year, until the said principal sum shall be fully paid : [And it is J5f„'=/»™„*^™ 
 HEREBY declared by the said C. D., E. F., and G. H., that the jl^^^""' 
 said sum of £,—. — hereby secured, and the interest thereof, ™t"ied. 
 belong to them jointly, both at law and in equity ; and that if 
 any of them shall die during the continuance of this security, 
 the receipt of the survivors or survivor of them for the said 
 principal sum and the interest thereof shall be an effectual dis- 
 charge for the same (a) ] : And the said A. B. doth hereby g;™^*' 
 for himself, his heirs, executors, and administrators, covenant e^°'' '""■ 
 with the said C. D., E. F., and G. H., their heirs and assigns, 
 
 (a) This declaration may be safely omitted, as the statement in the former 
 part of the document that the money is advanced by the mortgagees out of 
 moneys belonging to them on a joint account in equity as well as at law 
 would be clearly sufficient to authorise the survivors or survivor of them to 
 give a discharge for the principal moneys and interest. 
 
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.'126 
 
 MORTGAGES. 
 
 FREEHOLDS ^hat hs ths Said A. B. now hath good right to grant the here- 
 
 ^^''™'"- ditaments and premises hereby granted, or expressed so to be, 
 
 unto and to the use of the said C. D., E. F., and G. H., their 
 
 heirs and assigns, in manner aforesaid : [And that if default 
 
 shall be made in payment of the said sum of £- , or the 
 
 interest thereof, or any part thereof, on the said day of 
 
 next, the said C. D., E. F., and G. H., their heirs or assigns, 
 
 Power of 
 sale. 
 
 Trusts of 
 purchase- 
 money. 
 
 may at any time thereafter enter into and upon the said here- 
 ditaments and premises, and shall thenceforth quietly possess 
 and enjoy the same, and receive the rents and profits thereof, 
 without any lawful eviction, interruption, claim, or demand 
 from or by any person or persons whomsoever : And that] (6) 
 free from incumbrances : And further, that he the said A. B. 
 and all other persons having or lawfully or equitably claiming 
 any estate or interest in the said hereditaments and premises, 
 or any part thereof, will from time to time and at all times 
 hereafter, at his or their own cost during the continuance of 
 this security, and afterwards at the cost of the person or persons 
 requiring the same, do and execute, or cause to be done and 
 executed, all such acts, deeds, and things for further and more 
 perfectly assuring the said hereditaments and premises unto 
 and to the use of the said C. D., E. F., and G. H., their 
 heirs and assigns, in manner aforesaid, as shall or may be 
 reasonably required (c) : And it is hereby agreed and de- 
 clared that it shall be lawful for the said C. D., E. F., and 
 G. H., or the survivors or survivor of them, or the executors or 
 administrators of such survivor, their or his assigns, at any time 
 or times, without any further consent on the part of the said 
 A. B.jhis heirs or assigns, to sell the hereditaments and premises 
 hereby granted, or expressed so to be, or any part or pai-ts 
 thereof, either together or in lots, and either by public auction 
 or private contract, and either with or without special conditions 
 or stipulations relative to title or otherwise, with power to buy in 
 at sales by auction, and to rescind contracts for sale, and to resell 
 without being answerable for any loss or diminution in price, 
 and with power also to execute assurances, give effectual receipts 
 for the purchase-money, and do all other acts and things for 
 completing the sale which the persons or person selling as afore- 
 said shall think proper : And it is hereby agreed and de- 
 
 (h) The words in brackets may be omitted where brevity is desired, 
 (c) For a covenant to insure against fire, see next Precedent. 
 
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MORTGAGES. 527 
 
 GLARED that the persons or person selling as aforesaid shall, ™i:e^holds 
 with and out of the moneys to arise from such sale, in the first J^^^'-- 
 place, pay and retain the costs and expenses attending such 
 sale, or otherwise incurred in relation to this security, and, in 
 the next place, pay and satisfy the moneys which shall then be 
 owing upon the security of these presents, and shall pay the 
 surplus (if any) to the said A. B., his heirs or assigns : Provided Power to be 
 ALWAYS, and it is hereby agreed and declared that the power of °?'J'> ''.f^ 
 sale hereinbefore contained shall not be exercised unless default in payment 
 
 after notice, 
 
 shall be made in payment of the said principal sum of £ bein '?n'™'' 
 
 or the interest thereof, or some part thereof respectively, on the "'^^■ 
 
 said day of , and also for the space of six calendar 
 
 months next after a notice in writing requiring such payment 
 shall, by or on the part of the persons or person intending to sell 
 as aforesaid, have been given to or left at the usual or last 
 known place of abode in England or Wales of the said A. B., or 
 one of his executors or administrators, or left xipon or affixed to 
 some part of the land hereby granted, or some building thereon, 
 or unless default shall be made in some half-yearly payment 
 of interest, or some part thereof, for the space of three calendar 
 months after the time hereby appointed for such payment : 
 Provided also, and it is hereby declared, that no purchaser Purchaser 
 
 •' ^ ^ not bound 
 
 upon any sale under the power hereinbefore contained shall be *" 'j"!"'";! "^ 
 bound or concerned to see or inquire whether any such default *<■• 
 has been made, or whether any such notice has been given or 
 left or affixed as aforesaid, or otherwise as to the necessity or 
 propriety of such sale, or be afifected by notice that no such 
 default has been made, or notice given or left or affixed as 
 aforesaid, or that the sale is otherwise unnecessary or improper: 
 And it is hereby declared that the power of sale herein- Power may 
 
 be exercised 
 
 before contained may be exercised by any persons or person ty any per- 
 for the time being entitled to receive and give a discharge for *?si™dis- 
 the moneys for the time being owing on the security of these mortgage 
 presents, and that if the legal estate in the said hereditaments 
 and premises shall devolve upon or otherwise become vested in 
 any persons or person other than the persons or person hereby 
 authorised to exercise the said power of sale, the persons or 
 person in whom the legal estate shall for the time being be 
 vested, shall execute such assurances for the purpose of com- 
 pleting any sale made under the same power as the persons or 
 person by whom such sale shall be made shall direct. 
 In witness, &c. 
 
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528 
 
 MORTGAGES. 
 
 No. VI. 
 
 OP DWELL- 
 ING-HOUSE, 
 WITH PRO- 
 VISIONS FOB 
 INSURANCE, 
 TO SEVERAL. 
 
 MORTGAGE in Fee of a Dwelling -House and 
 Buildings with Provisions /or Insurance ajraimsi 
 Fire to persons Lending money on a Joint 
 Account. 
 
 Parties. THIS INDENTURE, made the 
 
 day of 
 
 Between 
 
 Covenant 
 to insure 
 
 lire, 
 
 to pay 
 premiums. 
 
 tliat mort- 
 gagee may 
 insure in 
 case of 
 mortgagor's 
 defaiUt, 
 
 to repay 
 moneys 
 advanced 
 for that 
 purpose, 
 
 and tliat 
 moneys 
 sliall in the 
 meantime 
 be charged 
 on mort- 
 gaged here- 
 ditaments. 
 
 Declaration 
 as to 
 
 A. B. of, &c. (mortgagor), of the one part, and C. D. of, &c., 
 E. F. of, &c., and G. H. of, &c. (mortgagees), of the other part 
 (the same as in Precedent No. V. to the end of the covenants 
 for payment of principal money and interest) : And also 
 that he the said A. B., his heirs, executors, administrators, or 
 assigns, will at all times during the continuance of this security 
 keep the messuage and buildings hereby granted, or expressed 
 so to be, insured from loss or damage by fire, in the names or 
 name of the mortgagees or mortgagee for the time being under 
 
 these presents, in the sum of £ at the least, in the 
 
 Insurance Office, or in some other office for insurance to be 
 approved of by them or him. And will duly pay all premiums 
 and sums of money payable for that purpose, a.nd deliver to the 
 said mortgagees or mortgagee, the receipt for every such pay- 
 ment within seven days after it shall become due, And that 
 in case the said A. B., his heirs, executors, administrators, or 
 assigns, shall neglect to keep the said messuage and buildings 
 insured to the amount aforesaid, or to deliver such receipt as 
 aforesaid, then and in every such case it shall be lawful for the 
 said mortgagees or mortgagee for the time being, to insure the 
 said messuage and buildings, or any of them, to the amount 
 aforesaid, or to any less amount, and all sums of money ex- 
 pended by them or him in or about such insurance as afore- 
 said, with interest for the same respectively, at the rate of £5 
 per cent, per annum, computed from the time or respective 
 times of advancing the same, shall be repaid to them or him on 
 demand by the said A, B., his heirs, executors, or administrators, 
 and in the meantime shall be a charge on the hereditaments 
 and premises hereby granted, or expressed so to be, in addition 
 
 to the said principal sum of £ , and the interest thereof: 
 
 And it is declared, that all sums of money received under 
 
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MORTGAGES. 529 
 
 or by virtue of any such insurance as aforesaid, shall, at the "^ dwell- 
 
 J *f ' ' ING HOUSE, 
 
 option of the said mortgagees or mortgagee, be either applied vreioss^'FOR 
 in or towards substantially rebuilding and reinstating the said tTsev^I 
 premises, or in or towards the payment of the principal money j^^T^^ 
 and interest for the time being remaining due on the security fo/suej^*"^ 
 of these presents (a) {Covenants for title, power of sale, and pro- '°«'™'"'«- 
 visions in reference thereto, as in Precedent "No. Y., to the end). 
 In witness, &c. 
 
 RK- 
 
 DUCnON OF 
 
 INTEREST ON 
 
 PUNCTUAL 
 
 PAYMENT. 
 
 No. VII. 
 MORTGAGE in Fee to persons Lending money on a Joint ^ bbveeal 
 
 ^ "^ FOR TIME 
 
 Account with Provisions /or Reducing the Rate of ™J^*™^ 
 Interest in case of Punctual Payment and for 
 Continuing the Loan /or a Time Certain. 
 
 THIS INDENTURE, made the day of , Between Parties. 
 
 A. B. of, &c. {mortgagor), of the one part, and C. D. of, &c., 
 E. F. of, &c., and G. H. of, &c. {mortgagees), of the other part 
 {the same as in Precedent No. V. or No. VI. throughout, adding 
 at the end of the covenant for 'payment of interest the following) : 
 Provided always, and it is hereby agreed and declared. Provision 
 that if, and whenever a half year's interest for the said prin- tion of 
 
 , f ni interest in 
 
 cipal sum of £ , after the rate oi £4 per centum per case of 
 
 1 1 1 /» 1 1 1 • 1 p punctual 
 
 annum shall be paid upon the half-yearly day herembefore payment. 
 appointed for payment of interest, or within one calendar month 
 thereafter, the said C. D., E. F., and G. H., or the survivors or 
 survivor of them, or the executors or administrators of such 
 survivor, their or his assigns, shall accept the same in lieu of, 
 and in satisfaction for, the interest after the rate of £5 per 
 cent, per annum, payable for that half-year, under the covenant 
 in that behalf hereinbefore contained, but without prejudice to 
 their or his right to require payment of interest after the higher 
 rate for any half-year in which interest shall not be paid within 
 the time aforesaid {Covenants for title, and power of sale and 
 provisions in reference thereto, as in Precedent No. V.) : Pro- Provisions 
 vided also, and it is hereby further agreed and declared, tinuing loan 
 that if the said A. B., his heirs, executors, administrators, or certain. 
 
 (a) For another form of covenant for insurance against fiie, see suprd, 
 p. 522. 
 
 VOL. I, MM 
 
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530 
 
 MORTGAGES. 
 
 TO SEVERAL 
 FOB TIME 
 CERTAIN, 
 ■WITH RE- 
 DUCTION OF 
 INTEREST ON 
 PUNCTUAL 
 PAYMENT. 
 
 assigns, shall for the term of 
 
 years, computed from the 
 
 Purchaser 
 not to be 
 affected by 
 above 
 proviso. 
 
 Proviso 
 
 that mort- 
 gagor shall 
 not pay off 
 money 
 before end 
 of tenn. 
 
 date of these presents, duly pay the interest for the said prin- 
 cipal sum of & , after the rate aforesaid, upon the several 
 
 half-yearly days hereinbefore appointed for payment of interest, 
 or within one calendar month after the same days respectively, 
 [and shall also duly observe and perform the covenants herein- 
 before contained for keeping the said premises insured against 
 loss or damage by fire] then and in such case the mortgagees 
 or mortgagee for the time being under these presents, shall not 
 call in or take any steps to enforce payment of the said prin- 
 cipal sum, or any part thereof, before the expiration of the said 
 
 term of years : But so that upon any sale made under the 
 
 aforesaid power in that behalf, before the expiration of the said 
 term of years, the purchaser shall not be bound or con- 
 cerned to see or inquire whether such sale is consistent with 
 this proviso, or be affected by notice that the same is made in 
 breach thereof: Provided also, and it is hereby further agreed 
 and declared, that the said A. B., his executors, administrators, 
 or assigns, shall not be at liberty to pay off the said principal 
 
 sum of £ , or any part thereof, before the expiration of the 
 
 term of years, computed from the date of these presents, 
 
 unless the said mortgagees or mortgagee shall be willing to 
 receive the same earlier, nor to pay the same on or after the 
 expiration of the tei'm without giving the usual six calendar 
 months' notice of intention so to do. 
 In witness, &c. 
 
 No. VIII. 
 
 OF 
 FREEHOLDS 
 TO SEVERAL 
 
 (ft paragraph 
 fonri). 
 
 Parties. 
 
 MORTGAGE of Freeholds to several, with Covenant 
 to INSURE against Fire and Provisions for con- 
 tinuing Loan for a term certain (a paragraph 
 form). 
 
 THIS INDENTURE, made the day of „ Between 
 
 A. B. of, &c. {mortgagor), of the one part, and 0. D. of, &c., 
 E. F. of, &c., and G. H. of, &c. {mortgagees), of the other part : 
 Witnessing WITNESSETH and declares as follows :— 
 
 ^"^i 1. In consideration of the sum of £, , on or before the 
 
 freehoMsto exccution of these presents paid to the said A. B. by the said 
 rabjecuT 0. D., E. F., and G. H., out of moneys belonging to them 
 
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MORTGAGES. 531 
 
 on a joint account both at law and in equity (the receipt °^ 
 whereof the said A. B. doth hereby acknowledge), the said 7° ^"^'^ 
 A. B. (hereinafter called "the mortgagor") doth hereby grant •^!!*___ 
 unto the said 0. D., E. F., and G. H. (hereinafter called " the P^fi'tioa 
 mortgagees "), their heirs and assigns, All, &c. (pwrcels, general 
 loords, and all the estate, &c.) : To have and to hold the here- 
 ditaments and premises hereby granted, or expressed so to be, 
 unto and to the use of the mortgagees, their heirs and assigns : 
 Peovided always that the mortgagor, his heirs or assigns, 
 shall be entitled to a reconveyance of the said hereditaments 
 
 and premises, at his or their own expense, if the sum of £ , 
 
 with interest thereon, shall be duly paid at the times and in the 
 manner mentioned in the next Article. 
 
 2. The mortgagor hereby covenants with the mortgagees, covenint 
 their executors, administrators, and assigns, that the mort- 2^"°^ pay 
 
 gagor will, on the day of , 188—, or earlier, if the ffeldif* 
 
 same can and shall be earlier demanded under the proviso in **™' 
 
 that behalf hereinafter contained, pay the sum of £ to the 
 
 mortgagees or the survivors or survivor of them, or the exe- 
 cutors, or administrators of such survivor, their or his assigns 
 (hereinafter refeiTed to as " the mortgagees or mortgagee for 
 the time being : ") And also will in the meantime pay to the f" th°Sn- 
 mortgagees or mortgagee for the time being interest on the y^riy"'^' 
 said principal sum, after the rate of £5 per cent, per annum 
 computed from the date of these presents, by equal half- 
 yearly payments on the day of , and the 
 
 day of , in every year : Provided always, that if the ^J" be*' 
 
 mortgagor, his heii-s, executors, or administrators, shall make ^ete" end 
 default in any half-yearly payment of interest, or any part?J^™tf^ 
 thereof, for the space of one calendar month after the same tKVany 
 shall become due, or shall commit any breach of any of the afmort- 
 mortgagor's covenants hereinafter contained, then and in either fOTenants. 
 of such cases the mortgagees or mortgagee for the time being 
 may demand payment of the said principal sum at any time 
 after such default or breach, and the same shall be deemed 
 to have become payable on such default or breach accordingly : 
 Provided also that the mortgagees or mortgagee for the time Mortgagees 
 
 . . , . . , not to 'be 
 
 being shall not be bound to receive the said principal sum, or i^oind to 
 
 any part thereof, before the said day of , 188 — , nor g^""*^'^^ 
 
 shall they or he be bound to receive the same on that day or °JJ®^j^ 
 afterwards without the usual six months' notice from the mort- ^f^^^^^^ 
 gagor, his heirs, executors, administrators, or assigns, of his or ""J?*^^^' 
 
 M M 2 
 
 Digitized by Microsoft® 
 
532 
 
 MORTGAGES. 
 
 Of 
 FREEHOLDS 
 TO SEVERAL 
 
 (a 'paragra'pli 
 form). 
 
 Proviso for 
 reducing 
 rate of 
 interest on 
 punctual 
 payment, 
 
 3. 
 
 Covenants 
 by mort- 
 gagor for 
 insurance 
 against 
 ilre, 
 
 that mort- 
 gagee may 
 insure in 
 ease of 
 mortgagor's 
 default, 
 
 and tliat 
 monies 
 advanced 
 for tliat 
 purpose 
 shall be 
 charged on 
 mortgaged 
 heredita- 
 ments. 
 
 Declara- 
 tion as to 
 monies to 
 be received 
 for such 
 insiu'ance. 
 
 4. 
 Power of 
 sale, 
 
 their intention to pay tlie same: Provided also that whenever 
 a half-year's interest on the said principal sum, after the rate 
 of £4t per cent, per annum, shall be paid on the half-yearly day 
 hereby appointed for payment of interest, or within one calendar 
 month thereafter, the mortgagees or mortgagee for the time 
 being shall accept the same in lieu of, and in satisfaction for, 
 the interest, after the rate of £5 per cent, per annum, pay- 
 able for that half-year under the foregoing covenant in that 
 behalf. 
 
 3. The mortgagor doth hereby further covenant with the 
 mortgagees, their executors, administrators, and assigns, that 
 he the mortgagor, his heirs, executors, administrators, or assigns, 
 will at all times during the continuance of this security, keep 
 the messuage and buildings comprised herein insured against 
 loss or damage by fire in the names or name of the mortgagees 
 
 or mortgagee for the time being, in the sum of £ at the 
 
 least, in the Insurance Office, or in some other office for in- 
 surance to be approved of by them or him. And will duly pay 
 all premiums and sums of money payable for that purpose, and 
 will deliver to the mortgagees or mortgagee for the time being 
 
 the receipt for every such payment within days after the 
 
 same shall have become due. And that in case the mortgagor, 
 his heirs, executors, administrators, or assigns, shall neglect to 
 keep the said messuage and buildings insured to the amount 
 aforesaid, or to deliver such receipt as aforesaid, then it shall be 
 lawful for the mortgagees or mortgagee for the time being to 
 insure the said messuage and buildings to the amount aforesaid, 
 or to any less amount, and all sums of money expended by them 
 or him in or about such insurance with interest for the same at 
 the rate of £5 per cent, per annum computed from the time 
 of advancing the same, shall be repaid by the mortgagor, his 
 heirs, executors, or administrators, on demand, and in the 
 meantime shall be charged on the hereditaments and premises 
 hereby granted, or expressed so to be, in addition to the said 
 
 principal sum of £ , and the interest thereof: And it is 
 
 DECLARED, that all sums of money received under or by virtue 
 of any such insurance as aforesaid, shall, at the option of the 
 mortgagees or mortgagee for the time being, either be applied 
 in or towards substantially rebuilding and reinstating the said 
 premises, or in or towards repayment of the money for the time 
 being owing on this security. 
 
 4. It shall be lawful for the mortgagees or mortgagee for the 
 
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MORTGAGES. 533 
 
 time being at any time or times without any further consent „°^ „ 
 
 ^^ •' ■/ FREEHOLDS 
 
 on the part of the mortgagor his heirs or assigns to sell the J°j,arl^lph 
 hereditaments and premises hereby granted, or expressed so to ■ ^''™>- 
 be, or any part or parts thereof, either together or in lots, and 
 either by public auction or private contract, and either with or 
 without special conditions or stipulations relative to title or 
 otherwise, with power to buy in at sales by auction, to rescind 
 contracts for sale, and to resell without being answerable for 
 any loss or diminution in price, and with power also to execute 
 assurances, give effectual receipts for the purchase-money, and 
 do all other acts and things for completing the sale which 
 the persons or person selling as aforesaid shall think proper : 
 And the persons or person selling as aforesaid shall, with and Trusts of 
 out of the moneys to arise from such sale, in the first place, money. 
 pay and retain the costs and expenses attending such sale, or 
 otherwise incurred in relation to this security, and in the next 
 place, pay and satisfy the moneys which shall then be owing 
 upon the security of these presents, and shall pay the sui-plus 
 (if any) to the said A. B., his heirs or assigns. 
 
 5. The foregoing power of sale shall not be exercised unless 5. 
 default shall be made in payment of the principal money and exercised 
 interest hereby secured, or some part thereof, for the space of six of default 
 calendar months next after payment thereof shall have been de- after notice, 
 
 .. .. ,.„. ., or of interest 
 
 manded by a notice m writing as hereinafter is mentioned, or being in 
 
 , arrear. 
 
 unless default shall be made in some half-yearly payment of 
 interest, or some part thereof, for the space of three calendar 
 months after the time hereby appointed for such payment, in 
 which case a sale may be made without any demand : Provided Purchaser 
 ALWAYS that no purchaser upon any sale under the foregoing to inquire 
 power shall be bound or concerned to see or inquire whether fault, &c. 
 any such default has been made as aforesaid, or otherwise as to 
 the necessity or propriety of such sale, or be affected by notice 
 that no such default has been made, or that the sale is other- 
 wise unnecessary or improper. 
 
 6. The foregoing power of sale may be exercised by any e. 
 persons or person for the time being entitled to receive and telxerdsed 
 give a discharge for the moneys for the time being owing on sonentiSi 
 the security of- these presents, and if the legal estate in the charge for 
 
 • 111- 1 • 1 n 1 1 1 mortgage- 
 
 said hereditaments and premises shall devolve upon or other- money. 
 
 wise become vested in any persons or person other than the 
 
 persons or person hereby authorised to exercise the said power 
 
 of sale, the persons or person in whom the legal estate shall 
 
 Digitized by Microsoft® 
 
534 
 
 MORTGAGES. 
 
 FEEEHOLDS 
 
 form). 
 
 7. 
 How 
 demand 
 may be 
 made. 
 
 for the time being be vested shall execute such assurances for 
 (o p^^ft the purpose of completing any sale made under the same power 
 as the persons or person by whom such sale shall be made shall 
 direct. 
 
 7. A demand for payment of the money hereby secured may 
 be made by a notice in writing given to or left at the usual or 
 last known place of abode in England or Wales of the mortgagor, 
 or any one of his executors or administrators, or left upon or 
 aflfixed to any part of the land hereby granted or any building 
 thereon, and such notice shall be sufficient if addressed generally, 
 " To all persons whom this notice may concern." 
 
 8. The mortgagor doth hereby covenant with the mortgagees, 
 their heirs and assigns, that he the mortgagor now hath good 
 right to grant the said hereditaments and premises in manner 
 aforesaid, free from incumbrances, and that he and all other 
 persons (if any) interested therein will from time to time, at 
 his or their own cost during the continuance of this security, 
 and afterwards at the cost of the person or persons requiring the 
 same, do and execute, or cause to be done and executed, all such 
 acts, deeds, and things for further assuring. the said hereditaments 
 and premises unto and to the use of the mortgagees, their heirs 
 and assigns, as by them shall or may be reasonably required. 
 
 In witness, &c. 
 
 s. 
 
 Covenants 
 for title. 
 
 No. IX. 
 
 MORTGAGE of Copyholds. 
 THIS INDENTURE, made the day of ■ 
 
 -, Between 
 
 A. B. of, &c. {mortgagor), of the one part, and 0. D. of, &c. 
 
 (mortgagee), of the other part (Recite agreement for loan, 
 
 witneBsing suprd, p. 516) : NOW THIS INDENTURE WITNESSETH, 
 
 that in pursuance of the said agreement, and in consideration 
 
 of the sum of £ now paid to the said A. B. by the said 
 
 C. D. (the receipt whereof the said A. B. doth hereby acknow- 
 ledge and from the same doth hereby release the said 0. D.), 
 The said A. B. doth hereby for himself, his heirs, executors, 
 administrators, and assigns, covenant with the said C. D., his 
 heirs, executors, administrators, and assigns, that he the said 
 A. B., or his heirs, shall and will forthwith at his or their own 
 to surrender cost. Surrender, or cause to be surrendered, into the hands of 
 PMoeia ' the lord of the manor of , according to the custom of the 
 
 part. 
 
 Considera- 
 tion. 
 
 Covenant 
 ty mort- 
 gagor 
 
 Digitized by Microsoft® 
 
MORTGAGES. 535 
 
 said manor, All, &c. (copyhold parcels and general words) : cof^qi-ds. 
 To the use of the said C. D,, his heirs and assigns, according to *° """rt- 
 the custom of the said manor, by and under the rents, heriots, 
 suits, and services therefor due and of right accustomed, subject 
 nevertheless to a proviso for making void the said surrender in Proviso 
 case the said A. B., his heirs, executors, administrators, or vo'id"flie°^ 
 assigns, shall on the day of next, pay to the said C. D., o"plyi^ent 
 
 ■1 • . 1 • • . ' r J ' on a day 
 
 nis executors, admimstrators, or assigns, the sum of £ , with named. 
 
 interest for the same after the rate of £ per cent, per 
 
 annum computed from the date of these presents : (Covenants 
 for payment of th^ mortgage money and interest, supra, 
 p. 516) : And the said A. B. doth hereby for himself, his heirs, covenants 
 executors, and administrators, covenant with the said C. D., his ll^°^t 
 heirs and assigns, that he the said A. B. now hath good right to *' °' ' 
 sun-ender the hereditaments and premises hereby covenanted 
 to be surrendered to the use of the said C. D., his heirs and 
 assigns, in manner aforesaid : And that, if default shall be 
 
 made in payment of the said sum of £ , or the interest 
 
 thereof, or any part thereof, on the said day of next, 
 
 the said C. D., his heirs and assigns, may at any time there- 
 after enter into and upon the said hereditaments and premises, 
 and may thenceforth quietly possess and enjoy the same, and 
 receive the rents and profits thereof, without any lawful eviction, 
 inteiTuption, claim, or demand from or by any person or per- 
 sons whomsoever : And that free from incumbrances : And 
 FURTHEE, that he the said A. B., and all other persons having, 
 or lawfully or equitably claiming any estate or interest in the 
 said hereditaments and premises, or any part thereof, will, from 
 time to time, at his or their own cost during the continuance of 
 this security, and afterwards at the cost of the person or persons 
 requiring the same, do and execute, or cause to be done and exe- 
 cuted, all such acts, deeds, and things for further and more per- 
 fectly assuring the said hereditaments and premises to the use of 
 the said C. D., his heirs and assigns, in manner aforesaid, as_shall 
 or may be reasonably required : And it is hereby agreed and power ot 
 DECLARED, that it shall be lawful for the said C. D., his executors, " 
 administrators, or assigns, at any time or times, without any 
 further consent on the part of the said A. B., his heirs or 
 assigns, to sell the hereditaments and premises hereby coven- 
 anted to be surrendered, or expressed so to be, or any part or 
 parts thereof, either together or in lots, and either by public 
 auction or private contract, and either with or without special 
 
 Digitized by Microsoft® 
 
536 MORTGAGES. 
 
 COPYHOLDS, conditions or stipulations relative to title or otherwise, with 
 power to buy in at sales by auction, to rescind contracts for sale, 
 and to resell, without being answerable for any loss or diminu- 
 tion in price, and with power also to execute assurances, give 
 effectual receipts for the purchase-money, and do all other acts 
 and things for completing the sale which the said C. D., his exe- 
 
 Deoiaration cutors, administrators, or assigns, shall think proper : And it is 
 
 purchase- HEREBY AGREED AND DECLARED, that the Said C. D., his exeCU- 
 
 mouey. 
 
 tors, administrators, or assigns, shall, with and out of the moneys 
 to arise from any such sale as aforesaid,_in the first place pay 
 and retain the costs and expenses attending such sale, or other- 
 wise incurred in rela,tion to this security, and in the next place 
 pay and satisfy the moneys which shall then be owing upon this 
 security, and shall pay the surplus (if any) to the said A. B., 
 Power to be his heirs or assigns : Provided always, and it is hereby 
 
 exercised ° . ' -^ 
 
 of defaults ^S^^^^ ^^^ declared, that the power of sale hereinbefore con- 
 FS™^^« „ tained shall not be .exercised unless default shall be made in 
 
 alter notice, 
 
 payment of the said principal sum of £ or the interest 
 
 thereof, or some part thereof respectively, on the said day 
 
 of , and also for the space of six calendar months next 
 
 after a notice in writing requiring such payment shall by or on 
 
 behalf of the said C. D., his executors, administrators, or 
 
 assigns, have been given to or left at the usual or last known 
 
 place of abode in England or Wales of the said A. B. or one of 
 
 his executors, or administrators, or left upon or affixed to some 
 
 part of the land hereby covenanted to be surrendered, or some 
 
 interest building thcreoD, or unless default shall be made in some half- 
 
 ara^.™ yearly payment of interest, or some part thereof, for the space 
 
 of three calendar months after the time hereby appointed for 
 
 not brand ^^^^ payment : Provided also, and it is hereby declared, that 
 
 as toT-"^" ^° purchaser at any sale under the power hereinbefore contained 
 
 fault, &o. shall be bound or concerned to see, or inquire whether any such 
 
 default has been made, or whether any such notice has been 
 
 given, or left, or affixed as aforesaid, or otherwise as to the 
 
 necessity or propriety of such sale, or be affected by notice that 
 
 no such default has been made, or notice given or left or afi&xed 
 
 as aforesaid, or that the sale is otherwise unnecessary or im- 
 
 Powermay proper: And IT IS HEREBY DECLARED, that the power of sale 
 
 be exercised ... . , '^ 
 
 sOTirafaffi "^^einbefore contamed may be exercised by any person or per- 
 dSarge ^°°® ^°^ *^® *™^ being entitled to receive and give a discharge 
 for the moneys for the time being owing on the security of these 
 presents, and that if the legal estate in the hereditaments and 
 
 for mort- 
 gage-money, 
 
 Digitized by Microsoft® 
 
MORTGAGES. 537 
 
 premises hereby covenanted to be surrendered, shall devolve corvuoLDs. 
 upon or otherwise become vested in any person or persons other 
 than the person or persons hereby authorised to exercise the 
 said power of sale, the person or persons in whom the legal 
 estate shall for the time being be vested, shall execute such 
 assurances for the purpose of completing any sale made under 
 the same power as the person or persons by whom such sale 
 shall be made shall direct. 
 In witness, &c. 
 
 TIONAL 
 SURRENDER 
 
 No. X. 
 
 CONDITIONAL Surrender of Copyholds. comi 
 
 The Manor of ) BE IT REMEMBERED, that on 
 
 in the County of J the day of , A. B. of, &c. 
 
 (mortgagor), came before L. M. of, &c. {steward of the said 
 
 manor), and in consideration of the sum of £ to him the 
 
 said A. B. paid by C. D. of, &c. {mortgagee), did out of Court Sun-endfr 
 surrender into the hands of the lord of the said manor, by the 
 hands and acceptance of his said steward, according to the 
 custom of the said manor. All, &c. (Jiere describe the copyhold 
 parcels), (To which premises the said A. B. was admitted tenant 
 
 at a general Court held for the said manor on the day of 
 
 ) : To THE USE of the said C. D., his heirs and assigns for to mort- 
 
 ever, at the will of the lord, according to the custom of the said fee; 
 manor, at and under the rent, heriots, suits, and services there- 
 for due and of right accustomed : Subject nevertheless to subject to 
 
 ,,.„, • 1 L -r% T • 1 • condition 
 
 THIS condition, that it the said A. B., his heirs, executors, for maicing 
 
 1 • • 'in 1 IP surrender 
 
 admimstrators, or assigns, shall on the day of next void on 
 
 . ' ^ f .' 1 . . . payment of 
 
 pay to the said C. D., his executors, administrators, or assigns, mortgage 
 
 the sum of £ , with interest for the same after the rate of interest. 
 
 £j per centum per annum, to be computed from the date of 
 
 this surrender, then and in such case this surrender shall be 
 void and of no effect, otherwise the same shall remain in full 
 force and virtue. 
 
 This surrender was taken and accepted the 
 day and year above written by me. 
 
 Signed L. M. {Steward), 
 Steward of the said Manor. 
 
 Digitized by Microsoft® 
 
538 MORTGAGES. 
 
 No. XL 
 
 LEASEHotDs. MORTGAGE of a Leasehold Messuage hy Demise. 
 
 Parlies. THIS INDENTURE, made the day of , Between 
 
 A. B. of, &c. {mortgagor), of the one part, and C. D. of, &c. 
 
 SSure (mortgagee), of the other part : Whereas by an indenture of 
 
 of lease. lease dated the day of , and made between G. H. of 
 
 the one part, and the said A. B. of the other part : All that 
 messuage or tenement, &c. {parcels as contained in the lease), 
 were demised unto the said A. B., his executors, administrators, 
 
 and assigns, from the day of then last past for the 
 
 term of years, at the yearly rent of £ , and under 
 
 and subject to the covenants and conditions in the said inden- 
 ture of lease contained, and on the part of the lessee, his exe- 
 cutors, administrators, and assigns, to be observed and per- 
 formed, including a covenant to insure the said premises against 
 loss or damage by fire, in the joint names of the lessor and 
 ' lessee, in the sum of £ at least {Agreement for loan, suprd, 
 
 wHnessmg p. .516) : NOW THIS INDENTURE WITNESSETH, that in 
 pursuance of the said agreement, and in consideration of the 
 
 sum of £ now paid to the said A. B. by the said C. D. (the 
 
 receipt whereof the said A. B. doth hereby acknowledge, and 
 
 pmS "' ■^'^°"'^ *^^ same doth hereby release the said C. D.) : The said 
 A. B. doth hereby demise unto the said C. D., his executors, 
 administrators, and assigns. The messuage and premises com- 
 prised- in and demised by the hereinbefore recited indenture of 
 lease, or expressed so to be, with their and every of their rights, 
 
 to mort- members and appurtenances : To HAVE AND to hold the mes- 
 
 gagee. . ^ 
 
 suage and premises hereby demised, or expressed so to he, unto 
 the said C. D., his executors, administrators, and assigns, for all 
 
 the residue now to come of the said term of years (except 
 
 the last day of the said term), subject to the proviso for re- 
 redmptira. demption hereinafter contained : Pkoyided always, that if the 
 said A. B., his executors, administrators, or assigns, shall on the 
 day of next pay to the said G. D., his executors, ad- 
 ministrators, or assigns, the sum of £ , with interest for 
 
 the same after the rate of £ per cent, per annum, com- 
 puted from the date of these presents, then and in such case 
 the said 0. D., his executors, administrators, or assigns, shall 
 upon the request and cost of the said A. B., his executors, ad- 
 
 Digitized by Microsoft® 
 
MORTGAGES. 539 
 
 ministrators, or assigns, surrender to him or them the said mes- "*^™°''''^- 
 
 suage and premises hereby demised, oi: expressed so to be : 
 
 {Covenants for payment of the mortgage money and interest, 
 
 supra, p. 516) : And the said A. B. doth hereby for him- covenant 
 
 self, his heirs, executors, and administrators, covenant with the gagor 
 
 said C. D., his executors, administrators, and assigns, that he 
 
 the said A. B. now hath good right to demise the said messuage denSf" *° 
 
 and premises unto the said C. D., his executors, administrators, 
 
 and assigns, in manner aforesaid: [And THAT if default shall for auiet 
 
 ^ , enjojTnent 
 
 be made in payment of the said sum of £ , or the interest ^^^^ 
 
 thereof, or any part thereof, on the said day of next, 
 
 the said C. D., his executors, administrators, and assigns, may at 
 any time thereafter enter into and upon the said messuage and 
 premises, and may thenceforth during the term hereby granted 
 quietly possess and enjoy the same, and receive the rents and 
 profits thereof, without any lawful eviction, interruption, claim, 
 or demand from or by any person or persons whomsoever : And f^o &<"" 
 
 •^ •' A J^ inciim- 
 
 that] (a) FEEE from incumbrances : And that he the said A. B., brances ; 
 and all other persons having any interest in the said messuage ^s^ge"" 
 and premises, will, from time to time, at his or their own cost 
 during the continuance of this security, and afterwards at the 
 cost of the person or persons requiring the same, do and exe- 
 ciite, or cause to be done and executed, all such acts, deeds, 
 and things for further and more perfectly assuring the said 
 messuage and premises unto the said C. D., his executors, ad- 
 ministrators, and assigns, in manner aforesaid, as by him or 
 them shall or may be reasonably required : And ALSO that he J° jJI^YLe 
 the said A. B., his executors, administrators, or assigns, will at 
 all times during the continuance of this security, keep the said 
 messuage and premises insured against loss or damage by fire, 
 
 in the sum of £ at least, in conformity with the covenant in 
 
 that behalf contained in the said indenture of lease, and will 
 duly pay the premiums and sums of money payable for that 
 purpose, and immediately upon every such payment deliver to 
 the said 0. D., his executors, administrators, or assigns, the 
 receipt for the same : And that if the said A. B., his executors. Power to 
 
 ^ moi-tgagee 
 
 administrators, or assigns, shall neglect to keep the said mes- to insure^ 
 suage and premises so insured or to deliver any such receipt as ^l^l^J^ 
 aforesaid, then and in every such case it shall be lawful for the 
 said C. D., his executors, administrators, or assigns, to insure 
 
 (a) The words within brackets may be safely omitted for the sake of 
 brevity. 
 
 Digitized by Microsoft® 
 
540 MORTGAGES. 
 
 LEASEHOLDS, the Said messuage and premises to the amount aforesaid, and 
 Mmies ex- all sums of mouey expended by him or them in or about such 
 mortgagee insurance with interest thereon after the rate of £5 per cent. 
 
 m insunng ^ ^ 
 
 p°aid°b°" 1?^^ annum, computed from the time or respective times of 
 
 mdiKe advancing the same, shall be repaid to them or him on demand 
 
 meantime \yy ^he Said A. B., his heirs, executors, or administrators, and in 
 
 mo?^4ed *^® meantime shall be a charge on the said messuage and 
 
 premises, premises in addition to the said principal sum of £ , and 
 
 covenaiit the interest thereof: And ALSO that he the said A. B., his 
 
 by mort- ' 
 
 p^°rent executors, administrators, or assigns, will during the continuance 
 
 covenant?'^ of this sccurity pay the rent reserved by the said indenture of 
 
 in lease. lease, and observe and perform the covenants therein on the 
 
 lessee's part contained, and keep indemnified the said C. D., 
 
 his executors, administrators, and assigns, from and against the 
 
 said rent and covenants, and all claims and demands in respect 
 
 Power of thereof: And it is hereby agreed and declared, that it 
 
 sale. 
 
 shall be lawful for the said C. D., his executors, administrators, 
 or assigns, at any time or times, without any further consent on 
 the part of the said A. B., his executors, administrators, or 
 assigns, to sell the messuage and premises hereby demised, or 
 expressed so to be, or any part tliereof, either by public auction 
 or private contract, and either with or without special con- 
 ditions or stipulations relative to title or otherwise, with power 
 to buy in at sales by auction, to rescind contracts for sale, 
 and to resell without being answerable for any loss or diminu- 
 tion in price, and with power also to execute assurances, give 
 effectual receipts for the purchase-money, and do all other acts 
 and things for completing the sale which the said C. D., his exe- 
 Trusts of cutors, administrators, or assigns shall think proper : And it 
 
 money. IS HEREBY AGREED AND DECLARED, that the Said C. D,, his exe- 
 
 cutors, administrators, or assigns shall, with and out of the 
 
 moneys to arise from any such sale as aforesaid, in the first 
 
 place pay and retain the costs and expenses attending such sale 
 
 or otherwise incurred in relation to this security, and in the 
 
 next place pay and satisfy the moneys which shall then be owing 
 
 upon, this security, and shall pay the surplus (if any) to the said 
 
 to™ exmJ -^- ^-j ^is executors, administrators, or assigns : Provided 
 
 of^dtfi'Jdir* '*^i''^AYS, and it is hereby agreed and declared, that the power of 
 
 *"• sale hereinbefore contained shall not be exercised unless default 
 
 shall be made in payment of the said principal sum of £ 
 
 and interest, or some part thereof respectively, on the said 
 
 day of next, and also for the space of six calendar montLa 
 
 Digitized by Microsoft® 
 
MORTGAGES, 541 
 
 LEASEHOLDS 
 
 next after a notice in writing requiring payment thereof shall 
 by or on behalf of the said C. D., his executors, administrators, 
 or assigns, have been given to or left at the usual or last known 
 place of abode in England or Wales of the said A. B., or one 
 of his executors or administrators, or left upon or affixed to 
 some part of the premises hereby demised, or unless default 
 shall be made in some half-yearly payment of interest, or some 
 part thereof, for the space of three calendar months after the 
 time hereby appointed for such payment : Provided always, Purchaser 
 
 , . . , , 1 , 1 , 1 1 'not bound 
 
 and it IS hereby declared, that no purchaser at any sale made to inquire as 
 under the power hereinbefore contained shall be bound or con- &«. 
 cerned to see or inquire whether any such default has been 
 made, or whether any such notice has been given or left or 
 affixed as aforesaid, or otherwise as to the necessity or propriety 
 of such sale, or be affected by notice that no such default has 
 been made, or notice given or left or affixed as aforesaid, or that 
 the sale is otherwise unnecessary or improper : And it is Power may 
 
 ■^ *■ * be exercised 
 
 HEREBY AGREED AND DECLARED, that the Said power of sale ^y ""1 Pf-, 
 
 ' ^ ^ ^ son entitled 
 
 may be exercised by any person or persons entitled for the time ^ bJ™ * 
 being to receive and give a discharge for the moneys for the'"''™^^ 
 time being owing on the security of these presents : And it is After a sale 
 
 xi. J. rx 1 J '<«» day of 
 
 HEREBY ALSO AGREED AND DECLARED, that alter any sale made the term to 
 
 . , . -r, 1 . ...be held in 
 
 under the aforesaid power, the said A. B., his executors, ad minis- trust for 
 
 111 1 ii>i • 11 purchaser. 
 
 trators, and assigns, shall stand possessed oi the premises sold 
 for and during the last day of the term granted by the herein- 
 before recited indenture of lease, In trust for the purchaser, his 
 executors, administrators, and assigns, and to be assigned and 
 disposed of as he or they may direct. 
 In witness, &c. 
 
 No. XII. 
 
 MOETGAGE of Property comprised in several Leases ot 
 bv Assignment. Powers of Sale, Letting and comprised 
 Granting Underleases. ^^eases^^ 
 
 THIS INDENTURE, made Between A. B. of, &c. (mortgagor), 
 of the one part, and C. D. of, &c. (mortgagee), of the other part: 
 (Recite several leases to A. B. — agreement for loan, swprd, parties. 
 p. 516) : NOW THIS INDENTURE WITNESSETH, that in ^^^«'™e 
 pursuance of the said agreement, and in consideration of the 
 
 Digitized by Microsoft® 
 
542 
 
 MORTGAGES. 
 
 or 
 
 PROPERTY 
 
 COMPRISED 
 
 IN SEVERAL 
 
 LEASES. 
 
 Mortgagor 
 
 assigns 
 
 parcels 
 
 to mort- 
 gagee for 
 residue of 
 term. 
 
 Proviso for 
 redemption. 
 
 Covenants 
 by mort- 
 gagor 
 
 for right to 
 assign ; 
 
 for quiet en- 
 joyment by 
 mortgagee 
 after de- 
 fault; 
 
 sum of £ now paid to the said A. B. by the said C. J)., the 
 
 receipt whereof the said A. B. doth hereby acknowledge, and 
 from the same doth hereby release the said 0. T)., the said A. B. 
 doth hereby assign unto the said C. D., his executors, adminis- 
 trators, and assigns, All AND SINGULAR the lands, heredita- 
 ments, and premises comprised in and demised by the several 
 hereinbefore recited indentures of lease, or expressed so to be, 
 And all buildings which have been erected on the lands com- 
 prised in the same indentures respectively, or on any part of 
 such lands. Together with their and every of their rights, 
 members, and appurtenances, And all the estate, right, title, 
 interest, claim, and demand whatsoever of the said A. B. in, to, 
 and upon the said premises, and every part thereof : To have 
 AND TO HOLD the hereditaments and premises hereby assigned, 
 or expressed so to be, unto the said C. D., his executors, admi- 
 nistrators, and assigns, for all the residue now to come of the 
 said several terms of years granted by the said recited inden- 
 tures of lease respectively, subject to the proviso for redemption 
 hereinafter contained : Provided always, that if the said 
 A. B., his executors, administrators, or assigns, shall, on the 
 
 day of next, pay to the said C. D., his executors, 
 
 administrators, or assigns, the sum of £ , with interest for 
 
 the same after the rate of £ per cent, per annum, computed 
 
 from the date of these presents, then and in such case the said 
 C. D., his executors, administrators, or assigns, shall, upon the 
 request and at the cost of the said A. B., his executors, adminis- 
 trators, or assigns, reassign the hereditaments and premises 
 hereby assigned, or expressed so to be, unto the said A B., his 
 executors, administrators, or assigns, or as he or they shall 
 direct (Covenants for payment of the mortgage-money and 
 interest, supra, p. 516) : And the said A. B. doth hereby 
 for himself, his heirs, executors, and administrators, covenant 
 with the said C. D., his executors, administrators, and assigns, 
 in manner following (that is to say), that he the said A. B. now 
 hath good right to assign the said hereditaments and premises 
 unto the said C. D., his executors, administrators, and assigns, 
 for the residue of the said several terms of years, and in manner 
 ■ aforesaid : [And that if default shall be made in payment of 
 
 the said sum of £ , or the interest thereof, or any part 
 
 thereof, on the said day of next, the said C. D., his 
 
 executors, administrators, and assigns, may at any time there- 
 after enter into and upon the said hereditaments and premises. 
 
 Digitized by Microsoft® 
 
MORTGAGES. 543 
 
 or 
 
 PROPEBTr 
 
 COMPRISED 
 
 IN SEVERAL 
 
 LEASES. 
 
 and may thenceforth during the residue of the said several 
 terms quietly possess and enjoy the same, and receive the rents 
 and profits thereof, without any lawful eviction, interruption, 
 claim, or demand from or by any person or persons whomsoever : 
 And that! (a) fkee from incumbrances : And furthek, that he free from 
 
 -* ^ ' ^ ^ ' ^ incum- 
 
 the said A. B., and all other persons (if any) having any inte- brances ; 
 rest in the said hereditaments and premises, or any part thereof, '°'' '"rther 
 will from time to time, at his or their own cost during the con- 
 tinuance of this security, and afterwards at the cost of the 
 person or persons requiring the same, do and execute, or cause 
 to be done and executed, all such acts, deeds, and things, for 
 further and more perfectly assuring the said hereditaments and 
 premises unto the said C. D., his executors, administrators, and 
 assigns, for the unexpired residue of the said several terms 
 and in manner aforesaid as shall or may be reasonably required : 
 And also that the said A. B., his executors, administrators, or To insure 
 assigns, will at all times during the continuance of this security *^''"" 
 keep the messuages and buildings comprised in this security 
 insured against loss or damage by fire, in conformity with the 
 covenants for insurance contained in the several indentures of 
 lease under which the same are respectively holden as aforesaid, 
 and so that the total amount of such insurance shall not be less 
 
 than £ , and will duly pay the premiums and other sums of 
 
 money payable for that purpose, and immediately after every 
 such payment deliver to the said 0. D., his executors, adminis- 
 trators, or assigns, the receipt for the same : And that if the power to 
 
 . 1 ■ • , J ■ 1 n _L mortgagee 
 
 said A. B., his executors, admimstrators, or assigns, snail at any to insure in 
 time neglect to keep the said premises insured as aforesaid, default by 
 or to deliver any such receipt as aforesaid, then and in every 
 such case it shall be lawful for the said 0. D., his executors, 
 administrators, or assigns, to insure and keep insured the 
 said premises to the amount aforesaid, and all sums of money 
 expended by him or them in or about such insurance, with 
 interest thereon after the rate of £5 per cent, per annum, com- 
 puted from the time or respective times of advancing the same, 
 shall be repaid to him or them by the said A. B., his heirs, 
 executors, or administrators, on demand, and in the meantime 
 shall be a charge on the hereditaments and premises hereby 
 assigned, or expressed so to be, in addition to the said principal 
 sum of £ , and the interest thereof : And also that he the to pay 
 
 (a) The words within brackets may he safely omitted for the sake of 
 brevity. 
 
 Digitized by Microsoft® 
 
OF 
 
 PBOPERTY 
 
 COMPRISED 
 
 IN SEVERAL 
 
 544 MORTGAGES. 
 
 said A. B., his executors, administrators, or assigns, will at all 
 times during the continuance of this security pay the several 
 . '-'°*^'^^- rents reserved by the said several indentures of lease, and 
 obser™'' obscrvB and perform the covenants therein, on the lessee's part 
 iiilmes!^ respectively contained, and keep indemnified the said C. D., his 
 executors, administrators, and assigns, from and against the said 
 rents and covenants, and all claims and demands in respect 
 SSSe tliereof : And it is hereby agreed and declared, that it 
 ^dmkke*' ^hall be lawful for the said C. D., his executors, adminis- 
 underiMses. ^rators, or assigns, at any time or times, without any further 
 consent on the part of the said A. B., his executors, administra- 
 tors, or assigns, to sell the hereditaments and premises hereby 
 assigned, or expressed so to be, or any of them, either together 
 or in lots, and either by public auction or private contract : AND 
 ALSO, at any time or times, and either preparatory to any such 
 sale or otherwise, to let the said premises, or any part or parts 
 thereof, either from year to year or otherwise, or to grant any 
 underlease or underleases thereof for any derivative term or terms 
 of years, and either in possession or reversion, and either with or 
 without taking a premium for the making thereof, and at such 
 yearly or other rents, and under and subject to such covenants 
 and conditions, and generally upon such terms as he or they shall 
 think proper, and with full power, upon any such sale, letting, or 
 underlease, to make any conditions or stipulations relative to 
 title or otherwise which the said C. D., his executors, adminis- 
 trators, or assigns, may think proper, and also with power to buy 
 in the said premises, or any part thereof, at any sale by auction, 
 or to rescind or vary any contract for the sale, letting, or under- 
 lease thereof, and to re-sell, re-let, and re-demise the same from 
 time to time without being answerable for any loss or diminu- 
 tion in price or rent occasioned thereby, or consequent thereon, 
 and with power also to give time for the payment of, the pur- 
 chase-money or premiums, or any part or parts thereof respec- 
 tively, and upon such security, personal or otherwise, or without 
 security, as he or they may think fit, and with power also to 
 execute assurances, give efifectual receipts for any purchase- 
 money or premiums, and do all other acts and things for com- 
 pleting any such sale, letting, or underlease,, which the said 
 C. D., his executors, administrators, or assigns, shall think 
 Declaration proper : And it is hereby agreed and declared, that the 
 moSto' said C. D., his executors, administrators, or assigns, shall, with 
 S, leMes, and out of the moneys to arise from any such sale, letting, or 
 
 or under- 
 leases. 
 
 Digitized by Microsoft® 
 
MORTGAGES. 545 
 
 PROPERTY 
 
 COMPRISED 
 
 IN SEVERAL 
 
 LEASES. 
 
 underlease as aforesaid, in the first place pay and retain the 
 costs and expenses attending such sale, letting, or underlease, or 
 otherwise incurred in relation to this security, and in the next 
 place pay and satisfy the moneys which shall then be owing 
 upon the security of these presents, and shall pay the sm-plus 
 (if any) to the said A. B., his executors, administrators, or 
 assigns : Peovided always, and it is hereby agreed, that the ^^"^ ^ 
 powers of sale, letting, and granting underleases hereinbefore f^c^"^ o'f 
 contained shall not be exercised unless default shall be made in 'i*'*'^'- 
 
 payment of the said sum of £ , or the interest thereof, or 
 
 some part thereof respectively, on the said day of 
 
 next, and also for the space of six calendar months after a 
 notice in writing requiring payment thereof shall by or on 
 behalf of the said C. D., his executors, administrators, or 
 assigns, have been given to or left at the usual or last known 
 place or respective places of abode in England or Wales of 
 the said A. B., or one of his executors or administrators, or 
 left upon or affixed to some part of the premises hereby as- 
 signed, or expressed so to be, or unless default shaU be made 
 in some half-yearly payment of interest, or some part thereof, 
 for the space of three calendar months after the time hereby 
 appointed for such payment : Peovided always, and it is ^"^ ^o^ 
 hereby declared, that no purchaser, tenant, or lessee, upon any \°^^^^ 
 sale, letting, or underlease made under the powers hereinbefore *° '^^^^*- 
 contained shall be bound or concerned to see or inquire whether 
 any such default has been made, or whether any such notice 
 has been given or left or affixed as aforesaid, or otherwise as to 
 the necessity or propriety of such sale, letting, or underlease, or 
 be affected by notice that no such default has been made or 
 notice given or left or affixed as aforesaid, or that the sale, 
 letting, or underlease is otherwise unnecessary or improper : 
 And it is hereby agreed and declared, that the said power may 
 
 1)6 6Z6r- 
 
 powers of sale, letting, and underleasing may be exercised by cised ty 
 any person or persons entitled for the time being to receive entitled to 
 and give a discharge for the moneys for the time being owing charge. 
 on the security of these presents. 
 In witness, &c. 
 
 VOL. I. 
 
 Digitized by Microsoft® 
 
546 
 
 MORTGAGES, 
 
 LBASEHOLDS 
 FOR LIVES, 
 
 No. XIII. 
 
 MORTGAGE of a Leasehold Estate for Lives to two 
 MoKTGAGEES, who make the advance on a Joint 
 Account, with provisions for renewal {a). 
 
 Parties. THIS INDENTURE, made the 
 
 day of 
 
 Between 
 
 Witnessing 
 part. 
 
 Considera- 
 tion. 
 
 Mortgagor 
 
 grants 
 
 parcels. 
 
 To mort- 
 gagees for 
 lives of ces- 
 tVAB que vi^ 
 
 (subject to 
 annuity). 
 
 Subject to 
 right of re- 
 demption. 
 
 Proviso for 
 redemption. 
 
 A. B. of, &c. {mortgagor), of the one part, and C. D. and E. F. 
 of, &c. (mortgagees), of the other part : Whereas, &c. {Recite 
 the lease for lives and agreement for loan) : NOW THIS 
 INDENTURE WITNESSETH, that in pursuance of the said 
 
 agreement, and in consideration of the sum of £ now paid 
 
 to the said A. B. by the said C. D. and E. F. out of moneys 
 belonging to them on a joint account in^ equity as well as at 
 law {the receipt, d-c), he the said A. B. doth hereby grant 
 and demise unto the said C. D. and E. F., their executors, ad- 
 ministrators, and assigns. All those the said several pieces 
 or parcels of ground, messuages, or -tenements, buildings, here- 
 ditaments; and premises comprised in the hereinbefore recited 
 indenture of lease, which premises, together with the names of 
 the tenants or lessees thereof, and the rents and terms of years 
 under which the same are respectively holden, are set forth in 
 the schedule hereunder written {General words, and all the 
 estate, dc.) : To have and to hold the hereditaments and 
 premises hereby granted, or expressed so to be, unto the said 
 C. p. and E. F., their executors, administrators, and assigns for 
 the term of ninety-nine years, computed from the date of these 
 
 presents, if the said and and , or the survivors 
 
 and survivor of them shall, so Jong live, subject nevertheless to 
 the annuity or yearly sum of £ by the last will of de- 
 ceased, given to his daughter during her life : And also 
 
 subject as to such of the hereditaments as are therein respec- 
 tively comprised as aforesaid to the several underleases mentioned 
 or referred to in the schedule hereunder written, and also subject 
 to the proviso for redemption hereinafter contained : Provided 
 
 (a) When renewable leaseholds are made the subject of mortgage, the 
 mortgage should contain a covenant by the mortgagor to renew, as he could 
 not otherwise be compelled to do so. But the mortgagee may himself renew 
 even in the absence of an express power to do so, and may hold the renewed 
 lease as a security for the moneys he has expended in effecting the renewal, 
 with interest on such moneys (3 Atk. 4). 
 
 Digitized by Microsoft® 
 
MORTGAGES, 547 
 
 ALWAYS, that if the said A. B., his heirs, executors, administra- ieaseholes 
 
 tors, or assigns, shall on the day of next pay unto the — li:!!^ 
 
 said 0. D. and E. F., or the survivor of them, or the executors 
 or administrators of such survivor, their or his assigns, the sum 
 
 of £ , with interest for the same after the rate of £ 
 
 per cent, per annum, computed from the date of these pre- 
 sents, then and in such case the demise hereby made shall be 
 void (Covenant by mortgagor for payment of principal and 
 interest, see suprd, p. 516): And the said A. B. doth covenant by 
 hereby for himself, his heirs, executors, and administrators, """^''e"''' 
 covenant with the said C. D. and E. F., their executors, admi- 
 nistrators and assigns, That he the said A. B. now hath good for right to 
 right to grant and demise the said hereditaments and premises °°"™''' 
 unto the said C. D. and E. F., their executors, administrators, 
 and assigns, in manner aforesaid : [And that if default shall be ,0^ „ijt 
 
 made in payment of the said sum of £ , or the interest b^^JJt"* 
 
 thereof, or any part thereof, on the said day of next, §Sif' °' 
 
 the said C. D. and E. F., their executors, administrators, or 
 assigns, may at any time thereafter enter into and upon the said 
 hereditaments and premises, and shall thenceforth during the 
 said term hereby granted quietly possess and enjoy the same, and 
 receive the rents and profits thereof without any lawful eviction, 
 interruption, claim or demand, from or by any person or persons 
 
 whomsoever (save and except from the said in respect of 
 
 her said annuity, and the several underleases whose leases are 
 mentioned or referred to in the schedule hereunder written) : 
 And that] (b) free from incumbrances (except the said annuity freefrom 
 and underleases) : And further, that he the said A. B. and i"™™;, 
 all persons having or lawfully or equitably claiming any estate anii for 
 or interest in the said hereditaments and premises, or any part assurance, 
 thereof, shall and will from time to time, at his or their own 
 cost during the continuance of this security, and afterwards at 
 the cost of the person or persons requiring the same, do and 
 execute, or cause to be done and executed, all such acts, deeds, 
 and things, for further and more perfectly assuring the said 
 hereditaments and premises unto the said C. D. and E. F., their 
 executors, administrators, and assigns, in manner aforesaid, as 
 by them shall or may be reasonably required : And also, that to pay 
 he the said A. B., his heirs, executors, or administrators, will '^''"'^'' 
 henceforth from time to time during the continuance of this 
 
 (ft) The words in brackets may be safely omitted for the sake of brevity. 
 
 N N 2 
 
 Digitized by Microsoft® 
 
548 
 
 , MORTGAGES. 
 
 and to oon- 
 ciiT in all 
 acta for 
 lenewaL 
 
 FOR^™™^ security, pay, observe, and perform the several rents and cove- 
 
 nants reserved and contained by and in the said indenture of 
 
 lease of the day of , and which may be reserved and 
 
 contained by and in any new lease or leases of the said mortgaged 
 premises which may hereafter be obtained, and which on the 
 part of the lessees therein named and to be named, or their 
 executors, administrators, and assigns, are or ought to be paid 
 and performed : And further, that he the said A. B., his 
 heirs or assigns, will from time to time, during the continuance 
 of this security, on the death of any person or persons for whose 
 life or lives the said leasehold premises shall for the time being 
 be held, join and concur with the said C. D. and E. F., their 
 executors, administrator^, or assigns, in obtaining a renewal of 
 the subsisting lease for the time being of the said leasehold 
 premises for a new life or new lives, as the case may be, to be 
 added to the lives or life which shall be then in being, and will, 
 whenever any such renewed lease shall be obtained, forthwith 
 cause the said premises to be vested in the said C. D. and E. F., 
 their executors, administrators, and assigns, for a term of ninety- 
 nine years, determinable on the life or lives of the person or 
 persons named therein, but subject to the subsisting right or 
 equity of redemption of the said A. B., his heirs or assigns, 
 under or by virtue of these presents : And also will pay the 
 fines, fees, and other expenses of procuring or otherwise attend- 
 ing every such renewal of the said lease, and every such convey- 
 ance or assurance (if any) as aforesaid : And that if for the 
 space of three calendar months next after the dropping of any 
 life upon which the said now subsisting lease or any renewed 
 lease of the said leasehold premises is or shall be held, the said 
 A. B., his heirs, executors, administrators, or assigns, shall not 
 make or concur in such renewal as aforesaid, it shall be lawful 
 for the said C. D. and E. F., their executors, administrators, or 
 assigns, if they shall think proper, by surrender of the then 
 subsisting lease of the said premises or otherwise, to obtain such 
 renewal of such lease for the time being as aforesaid, subject to 
 such right or equity of redemption as aforesaid, and in such 
 case the said A. B., his heirs, executors, or administrators, will 
 immediately thereupon pay and reimburse unto the said C. D. 
 and E. F., their executors, administrators, or assigns, such sum 
 or sums of money as they shall have paid for the fines, fees, or 
 other expenses in or about the procuring or otherwise attending 
 every such renewal, together with interest for the same, at the 
 
 That If 
 mortgagor 
 make de- 
 fault mort- 
 gagee may 
 renew. 
 
 Digitized by Microsoft® 
 
MORTGAGES. 549 
 
 rate of £5 per cent, per annum, to be computed from the time j^™"^" 
 or respective times of the payment thereof : And such sum or Expenses of 
 sums of money shall in the meantime be charged on the said ™e°borae*by 
 hereditaments and premises in addition to the said principal ^^'^l^''' 
 
 sum of £ and the interest thereof {Power of sale, and pro- ^e^^r^ ™ 
 
 visions in reference thereto, mutatis mutandis). 
 In witness, &c. 
 
 The Schedule referred to in the above written 
 Indenture. 
 
 No. XIV. 
 
 MOETGAGE of Freeholds and Copyholds to persons ^foopv- 
 Lending on a Joint Account. asv^Lr 
 
 THIS INDENTURE, made the day of , Between Parties. 
 
 A. B. of, &c. (mortgagor), of the one part, and C. D. of, &c., 
 E. F. of, &c., and G. H. of, &c. (mortgagees), of the other part : 
 Whereas (recite agreement for mortgage, supra, p. 516) : Agreement 
 NOW THIS INDENTURE WITNESSETH, that in pur- ZT^it- 
 suance of the said agreement, and in consideration of the pl^J"^ 
 
 sum of £ now paid to the said A. B. by the said G. D., 
 
 E. F., and G. H., out of moneys belonging to them on a joint 
 account in equity as well as at law (the receipt, dc), he the 
 said A. B. doth hereby grant (Grant of freeholds to C. D., Grant oi 
 
 , ^ __ . - . /. 7 , . . ft^eholds 
 
 E F., and G. H., m fee ; proviso for redemption, supra, mbject to 
 p. 516): AND THIS INDENTURE ALSO WITNESSETH, ;'';„* 
 that in further pursuance of the said agreement, and for the Jl^rt"'*"" 
 consideration hereinbefore expressed, the said A. B. doth hereby 
 for himself, his heirs, executors, administrators, and assigns, 
 covenant with the said 0. D., E. F., and G. H., their heirs and 
 assigns THAT HE the said A. B., or his heirs, shall and will Covenant to 
 
 o ' . surrender 
 
 forthwith at his or their own cost, surrender or cause to be oopyiioids, 
 surrendered into the hands of the lord of the manor, &c., ac- 
 cording to the custom thereof, All, &c. (parcels and general 
 words) : To the use of the said 0. D., E. F., and G. H., their 
 heirs and assigns, at the will of the lord of the said manor, 
 according to the custom of the said manor, by and under the 
 rents, heriots, suits, and services therefor due and of right 
 
 Digitized by Microsoft® 
 
550 MORTGAGES. 
 
 AN™oop?- accustomed: SUBJECT NEVERTHELESS TO A CONDITION for 
 
 mraEAl? making void the same corresponding to the proviso for redemp- 
 sui)jeot to a *'°^ hereinbefore contained as to the freehold hereditaments 
 comspoSd- hereinbefore granted (Covencmt to pay principal and interest, 
 rtfo^fofre- suprd, p. 516) : And the said A. B. doth hereby for him- 
 deniption. ggjf^ j^jg heirs, executors, and administrators, covenant with the 
 tymortgagor said C. D., E. F., and G. H., their heirs and assigns, That he 
 the said A. B. now hath good right to grant and surrender the 
 hereditaments hereby granted and covenanted to be surren- 
 dered respectively, or expressed so to be, unto and to the use of 
 the said C. D., E. F., and G. H., their heirs and assigns, in 
 manner aforesaid : And that if default, &c. (Covenants for 
 quiet enjoyment, free from incumbrances, and, for fv/rther assur- 
 Powetof ance, suprd, pp. 525, 526) : And it is hebeby agreed and 
 DECLARED, that it shall be lawful for the said C. D., E. F., and 
 G. H., or the survivors or survivor of them, or the executors or 
 administrators of such survivor, their or his assigns, at any 
 time or times, without any further consent on the part of the 
 said A. B., his heirs or assigns, to sell the hereditaments and 
 premises hereby respectively granted and covenanted to be sur- 
 rendered, or expressed so to be, or any part or parts thereof, 
 either together or in lots, and either by public auction or 
 private contract, and either with or without special conditions 
 or stipulations relative to title or otherwise, with power to buy 
 in at sales by auction, to rescind contracts for sale, and to resell 
 without being answerable for any loss or diminution in price, 
 and with power also to execute assurances, give effectual receipts 
 for the purchase-money, and do all other acts and things for 
 completing the sale which the persons or person selling as 
 Trastepf^ aforesaid shall think proper: And it is DECLARED, that the 
 money. persons or person selling as aforesaid shall, with and out of the 
 moneys to arise from such sale, in the first place pay and retain 
 the costs and expenses attending such sale, or otherwise incurred 
 in relation to this security, and in the next place pay and satisfy 
 the moneys which shall then be owing upon this security, and 
 shall pay the surplus (if any) to the said A. B., his heirs or 
 Power to be assigns: Provided always, and it is hereby agreed and de- 
 only in case clarcd, that the power of sale hereinbefore contained shall not 
 payment be oxercised unless default shall be made in pavment of the 
 
 after notice, • j • * i i* n -i r J 
 
 ter^Vbein ^ pnucipal sum of £ , or the interest thereof, or some 
 
 inarrcar. part thereof respectively, on the said day of next 
 
 and also for the space of six calendar months next after a notice 
 
 Digitized by Microsoft® 
 
MORTGAGES. 551 
 
 FREEHOLDS 
 AND COPT- 
 
 in writing requiring such payment shall by or on the part of 
 the persons or person intending to sell as aforesaid have been g°vEKAl,° 
 given to or left at the usual or last known place of abode in 
 England or Wales of the said A. B., or one of his executors or 
 administrators, or left upon or affixed to some part of the land 
 comprised in these presents, or some building thereon, or unless 
 default shall be made in some half-yearly payment of interest 
 for the space of three calendar months after the time hereby 
 appointed for such payment {Purchaser not bound to inquire 
 as to default, dc, — power may he exercised by any person 
 entitled to give a discha/rge for mortgage money, supra, 
 p. 527). 
 In witness, &c. 
 
 No. XV. 
 MORTGAGE of Freeholds by Grant and of Leaseholds fmeholds 
 
 , -r^ AND LEASE- 
 
 oy Demise. holm. 
 
 THIS INDENTURE, made the day of , Between parties. 
 
 A. B., of, &c. (mortgagor), of the one part, and 0. D. of, &c. 
 {mortgagee), of the other part {Recite lease to A. B., suprd, Recit« 
 p. 538 ; — agreement for loan, suprd, p. 616) : NOW THIS toioSi™' 
 INDENTURE WITNESSETH, that in pursuance of the First wit- 
 said agreement, and in consideration, &c. (the receipt, dc), part!°^ 
 the said A. B. doth hereby grant, &c. (Grant of freeholds to Grant of 
 C D, in fee, p. 516), subject to the proviso for redemption ^^^°'"'''''' 
 hereinafter contained: AND THIS INDENTURE ALSO second. 
 WITNESSETH, that in further pursuance of the said agree- pirr^^'"^ 
 ment, and for the consideration hereinbefore expressed, the 
 said A. B. doth hereby demise (Demise of leaseholds to C. D. Demise of 
 for residue of term, wanting the last day, suprd, p. .538) : Sub- 
 ject to the proviso for redemption hereinafter contained : 
 Provided always, that if the said A. B., his heirs, execu- Proviso for 
 
 tors, administrators, or assigns shall on the day of '° emption. 
 
 next pay to the said C. D., his executors, administrators, or 
 
 assigns, the sum of £ , with interest for the same after 
 
 the rate of £ per centum per annum, computed from 
 
 the date of these presents, then and in such case the freehold 
 and leasehold hereditaments and premises hereby granted and 
 
 Digitized by Microsoft® 
 
552 
 
 MORTGAGES. 
 
 FREEHOLDS 
 AND LEASE- 
 HOLDS, 
 
 Covenants 
 by mort- 
 gagor for 
 title. 
 
 Power of 
 
 demised respectively shall at any time thereafter, at the re- 
 - quest and cost of the said A. B., his heirs, executors, adminis- 
 trators, or assigns, be reconveyed and surrendered to him or 
 them, or as he or they shall direct {Covenant to pay principal 
 and interest, supra, p. 516) : And the said A. B. doth hereby 
 for himself, his heirs, executors, and administrators, covenant 
 with the said C. D., his heirs, executors, administrators, and 
 assigns respectively, That he the said A. B. now hath good 
 right to grant and demise the freehold and leasehold heredita- 
 ments and premises hereby granted and demised respectively, 
 or expressed so to be, in manner aforesaid : [And that if default 
 
 shall be made in payment of the said sum of £ , or the interest 
 
 thereof, or any part thereof, on the said day of 
 
 next, the said C. D., his heirs, executors, administrators, and 
 assigns respectively, may at any time thereafter enter into and 
 upon the said freehold and leasehold hereditaments and premises, 
 and may thenceforth, as to the said freehold premises for ever, 
 and as to the said leasehold premises during the then residue of 
 the term hereby granted, quietly possess and enjoy the same, and 
 receive the rents and profits thereof, without any lawful eviction, 
 interruption, claim, or demand, from or by any person or persons 
 whomsoever : And that] (a) free from incumbrances : And 
 FURTHER, that he the said A. B., and all other persons having 
 or lawfully or equitably claiming any interest in the said freehold 
 and leasehold premises respectively, will at all times hereafter, 
 at his or their own cost, during the continuance of this security, 
 and afterwards at the cost of the person or persons requiring the 
 same, do and execute, or cause to be done and executed, all such 
 acts, deeds, and things for further and more perfectly assuring 
 the said freehold and leasehold hereditaments and premises re- 
 spectively unto the said C. D., his heirs, executors, administra- 
 tors, and assigns respectively in manner aforesaid as by him or 
 them shall or may be reasonably required : And also (Covenant 
 to pay rent and observe covenants in lease, suprd, p. 540) : And 
 
 IT IS HEREBY AGREED AND DECLARED, that it shall be lawful for 
 
 the said C. D., his executors, administrators, or assigns, at any 
 time or times, without any further consent on the part of the 
 said A. B., his heirs or assigns, to sell the freehold and leasehold 
 hereditaments and premises hereby granted and demised respec- 
 tively, or expressed so to be, or any part or parts thereof, either 
 
 (a) The words in brackets may be safely omitted for the sake of brevity. 
 
 Digitized by Microsoft® 
 
MOETGAUES. 553 
 
 FREEHOLDS 
 AKD LEASE- 
 HOLDS. 
 
 together oi" in lots, and either by public auction or private con- 
 tract, and either with or without special conditions or stipula- 
 tions relative to title or otherwise, with power to buy in at sales 
 by auction, to rescind contracts for sale, and to resell without 
 being answerable for any loss or diminution in price, and with 
 power also to execute assurances, give effectual receipts for the 
 purchase-money, and do all other acts and things for completing 
 the sale which the said C. D., his executors, administrators, or 
 assigns shall think proper : And it is hereby declared, that the Declaration 
 said C. D., his executors, administrators, or assigns, shall, with purchase-" 
 and out of the moneys to arise from any such sale as aforesaid, in '"'"'*''• 
 the first place pay and retain the costs and expenses attending 
 such sale, or otherwise incurred in relation to this security, and 
 in the next place, pay and satisfy the moneys which shall then 
 be owing upon the security of these presents, and shall pay the 
 surplus (if any) so far as the same shall have arisen from the 
 sale of freehold hereditaments, unto the said A. B., his heirs or 
 assigns, and so far as the same shall have arisen from the sale 
 of leasehold hereditaments unto the said A. B., his executors, 
 administrators, or assigns : Provided always, and it is hereby Power to bo 
 aereed and declared, that the power of sale hereinbefore con- only m case 
 
 ° , , ,, , -11 1 <• li 1 11 1 1 • ofdefaultin 
 
 tamed shall not be exercised unless deiault shall be made in payment 
 
 . 1 . . 1 p „ 1 . after notice, 
 
 navment of the said principal sum of £ , or the interest or of in- 
 
 r J i i •! 1-1 1 terest bemg 
 
 thereof, or some part thereof respectively, on the said day in airear. 
 
 of , and also for the space of six calendar months next after 
 
 a notice in writing requiring such payment shall, by or on behalf 
 of the said 0. D., his executors, administrators, or assigns, have 
 been given to or left at the usual or last known place of abode 
 in England or Wales of the said A. B., or one of his executors 
 or administrators, or left upon or affixed to some part of the 
 land comprised in this security, or some building thereon, or 
 unless default shall be made in some half-yearly payment of 
 interest, or some part thereof, for the space of three calendar 
 months after the time hereby appointed for such payment : 
 Provided also, and it is hereby declared, that no purchaser at purchaser 
 any sale under the power hereinbefore contained, shall be bound to inqXe 
 or concerned to see or inquire whether any such default has Suit, &c. 
 been made, or whether any such notice has been given or left or 
 affixed as aforesaid, or otherwise as to the necessity or propriety 
 of such sale, or be affected by notice that no such default has 
 been made, or notice given or left or affixed as aforesaid, or that 
 the sale is otherwise unnecessary or improper: .And it is 
 
 Digitized by Microsoft® 
 
554 
 
 MORTGA(ilES. 
 
 FREEHOLDS 
 AND LEASE- 
 HOLDS. 
 
 After a sale 
 of lease- 
 holds, last 
 day of 
 term to lie 
 held in 
 trust for 
 purchaser. 
 
 HEREBY DECLARED, that the power of sale hereinbefore contained 
 may be exercised by any person or persons for the time being 
 entitled to receive and give a discharge for the moneys for the 
 time being owing on the security of these presents, and that if 
 the legal estate in the said freehold hereditaments and premises 
 hereby granted, or expressed so to be, shall devolve upon or 
 otherwise become vested in any person or persons other than the 
 person or persons hereby authorised to exercise the said power 
 of sale, the person or persons in whom the legal estate shall for 
 the time being be vested shall execute such assurances for the 
 purpose of completing any sale made under the same power as 
 the person or persons by whom such sale shall be made shall 
 direct : And it is hereby also declared, that after any sale 
 of the said leasehold hereditaments and premises, or any part 
 thereof, under the aforesaid power, the said A. B., bis executors, 
 administrators, and assigns, shall stand possessed of the premises 
 sold for and during the last day of the term granted by the 
 hereinbefore-recited indenture of lease in trust for the pur- 
 chaser, his executors, administrators, and assigns, and to be 
 assigned and disposed of as he or they may direct. 
 In witness, &c. 
 
 No. XVI. 
 
 FREEHOLDe, 
 COPYHOLDS, 
 AND LEASE- 
 HOLDS. 
 
 MORTGAGE of Freeholds and Copyholds, and of 
 Leaseholds /or a long Term. 
 
 Parties. THIS INDENTURE, made the 
 
 day of , Between 
 
 First wit- 
 nessing 
 part. 
 
 Grant of 
 freeholds. 
 
 Second 
 
 witnessing 
 
 part. 
 
 Covenant to 
 
 surrender 
 
 copyholds. 
 
 A. B. of, &c. (mortgagor), of the one part, and C. D. of, &c. 
 (mortgagee), of the other part (Recite agreement for loan, 
 supra, p. 516) : NOW THIS INDENTURE WITNESSETH, 
 that in pursuance of the said agreement, and in consideration, 
 &c. (the receipt, dc), the said A. B. doth hereby grant, &c. 
 (Grant of freeholds to C. D., in fee, supra, p. 516), subject to 
 tbe proviso for redemption hereinafter contained : AND THIS 
 INDENTURE ALSO WITNESSETH, that in further pursu- 
 ance of the said agreement, and for the consideration aforesaid, 
 the said A. B. (Covenant to surrender copyholds to the use of 
 C. D. in fee, suprd,, p. 634), subject to a condition for making 
 void the same, corresponding to the proviso for redemption 
 
 Digitized by Microsoft® 
 
MORTGAGES. 555 
 
 hereinafter contained as to the freehold and leasehold heredita- ™eehoi.rs, 
 
 COPYHOLDS, 
 
 ments hereby granted and assigned respectively : AND THIS *™ ''^'''"''" 
 
 INDENTURE ALSO WITNESSETH, that in further pursu- r— — — 
 
 _ . Third wit- 
 
 ance of the said agreement, and for the consideration herein- "S"^ 
 before expressed, the said A. B. doth hereby assign unto the 
 said C. D., his executors, administrators, and assigns, All, &c. Assignmeut 
 (parcels), (which hereditaments and premises last hereinbefore holds. ' 
 described were, by an indenture, dated, &c., and made, &c., 
 demised unto X. Y., his executors, administrators, and assigns, 
 for the term of 1000 years, and have by virtue of divers assign- 
 ments and acts in the law become vested in the said A. B. for 
 the residue of the said term) (general words, and all the estate, 
 dec.) : To HAVE AND TO HOLD the hereditaments and premises to mort- 
 hereinbefore assigned, or expressed so to be, unto the said 0. D., 
 his executors, administrators, or assigns, for all the residue now 
 unexpired of the said term of 1000 years, subject nevertheless 
 to the proviso for redemption hereinafter contained : Provided Proviso for 
 
 ■'• _ , ^ ^ redemption. 
 
 ALWAYS, and it is hereby agreed and declared, that if the said 
 A. B., his heirs, executors, administrators, or assigns, shall, on 
 
 the day of next, pay to the said C. D., his executors, 
 
 administrators, or assigns, the sum of S, , with interest for 
 
 the same after the rate of £ per cent, per annum, computed 
 
 from the date of these presents, then and in such case the said 
 freehold and leasehold premises hereby granted and assigned 
 respectively shall, at the request and cost of the said A. B., his 
 heirs, executors, administrators, or assigns, be reconveyed and 
 reassigned to him or them as he or they shall direct (Covenant 
 by mortgagor to pay principal and interest, suprd, p. 516) : 
 And the said A. B. doth hereby for himself, his heirs, exe- covenanta 
 cutors, and administrators, covenant with the said C. D., his g»Kor for 
 heirs, executors, administrators, and assigns, that he the said 
 A. B. now hath good right to grant, surrender, and assign 
 the said freehold, copyhold, and leasehold hereditaments 
 and premises respectively, unto and to the use of the said 
 C. D., his heirs, executors, administrators, and assigns respec- 
 tively, in manner aforesaid : [And that if default shall be made 
 
 in payment of the said principal sum of £ , or the interest 
 
 thereof, or any part thereof, on the said day of next, 
 
 the said 0. D., his heirs, executors, administrators, and assigns 
 respectively, may at any time thereafter enter into and upon the 
 said freehold, copyhold, and leasehold hereditaments and pre- 
 mises, and may thenceforth as to the said freehold and copyhold 
 
 Digitized by Microsoft® 
 
556 ' MORTGAGES. 
 
 AND LEASE- 
 HOLDS. 
 
 copyIoldI' hereditaments and premises for ever, and as to the said lease- 
 hold hereditaments and premises during the residue of the said 
 term of 1000 years quietly possess and enjoy the same, without 
 any lawful eviction, interruption, claim, or demand from or by 
 any person or persons whomsoever : And that] (a), free from 
 incumbrances : And THAT he the said A. B., and all other persons 
 having or lawfully or equitably claiming any estate or interest 
 in the said freehold, copyhold, and leasehold hereditaments and 
 premises respectively, will from time to time, at his or their own 
 cost, during the continuance of this security, and afterwards at 
 the cost of the person. or persons requiring the same, do and 
 execute, or cause to be done and executed, all such acts, deeds, 
 and things, for further and more perfectly assuring the said 
 freehold, copyhold, and leasehold hereditaments and premises 
 respectively unto and to the use of the said C. D., his heirs, 
 executors, administrators, and assigns respectively, in manner 
 aforesaid, as by him or them shall or may be reasonably re- 
 
 Powerof quired: And it is hereby agreed and declared, that it 
 shall be lawful for the said C. D., his executors, administrators, 
 or assigns, at any time or times, without any further consent on 
 the part of the said A. B., his heirs, executors, administrators, or 
 assigns, to sell the said freehold, copyhold, and leasehold here- 
 ditaments and premises hereby respectively granted, covenanted 
 to be surrendered, and assigned, or expressed so to be, or any 
 part or parts thereof, either together or in lots, and either by 
 public auction or private contract, and either with or without 
 special conditions or stipulations relative to title or otherwise, 
 with power to buy in at sales by auction, to rescind contracts for 
 sale, and to resell without being answerable for any loss or 
 diminution in price, and with power also to execute assurances, 
 give effectual receipts for the purchase-money, and do all other 
 acts and things for completing the sale which the said C. D., his 
 executors, administrators, or assigns, shall think proper : And 
 
 Declaration IT IS HEREBY AGREED AND DECLARED, that the Said C. D., his 
 
 pmohase-"' executors, administrators, or assigns, shall with and out of the 
 moneys to arise from any such sale as aforesaid, in the first 
 place pay and retain the costs and expenses attending such sale, 
 or otherwise incurred in relation to this security, and, in the 
 next place, pay and satisfy the moneys which shall then be 
 owing upon the security of these presents, and shall pay the 
 
 (a) The words in brackets may be safely omitted for the sake of brevity. 
 
 Digitized by Microsoft® 
 
 money. 
 
MORTGAGES. 557 
 
 FREEHOLDS, 
 COPYHOLDS, 
 AND LEASE- 
 HOLDS. 
 
 surplus (if any), so far as the same shall have arisen from the 
 sale of freehold or copyhold hereditaments, unto the said A. B., 
 his heirs or assigns, and so far as the same shall have arisen from 
 the sale of leasehold hereditaments and premises, to the said 
 A. B., his executors, administrators, or assigns : Pkovided Power to be 
 
 ALWAYS, AND IT IS HEREBY AGREED AND DECLARED, that the only in case 
 ' _ _ ' of default in 
 
 power of sale hereinbefore contained shall not be exercised JfterTioticc 
 unless default shall be made in payment of the said principal sum "f°'t bimg 
 
 of £ , or the interest thereof, or some part thereof respec- '" ''™'"- 
 
 tively, on the said day of , and also for the space of six 
 
 calendar months next after a notice in writing requiring such 
 payment shall, by or on behalf of the said C. D., his executors, 
 administrators, or assigns, have been given to or left at the 
 usual or last known place of abode in England or Wales of the 
 said A. B., or one of his executors or administrators, or left upon 
 or affixed to some part of the land comprised in this security, or 
 some building thereon, or unless default shall be made in some 
 half-yearly payment of interest, or some part thereof, for the 
 space of three calendar months after the time hereby appointed 
 for such payment : Provided also, and it is hereby declared, that ^"t''b''ou"i 
 no purchaser at any sale under the power hereinbefore contained, J° jJJ'Ji"'.''" 
 shall be bound or concerned to see or inquire whether any such '""^*' *'^' 
 default has been made, or whether any such notice has been 
 given or left or affixed as aforesaid, or otherwise as to the neces- 
 sity or propriety of such sale, or be affected by notice that no 
 such default has been made, or notice given or left or affixed as 
 aforesaid, or that the sale is otherwise unnecessary or improper : 
 And rr is hereby declared, that the power of sale hereinbefore Jowcr may 
 contained may be exercised by any person or persons for the '"^/"^tfy^j 
 time being entitled to receive and give a discharge for the ^°g|jj™ge 
 moneys for the time being owing on the security of these pre- g^°""^ 
 sents, and that if the legal estate in the said freehold and copy- ^"""y- 
 hold hereditaments and premises or any part thereof shall 
 devolve upon or otherwise become vested in any person or per- 
 sons other than the person or persons hereby authorised to 
 exercise the said power of sale, the person or persons in whom 
 such legal estate shall for the time being be vested shall execute 
 such assurances for the purpose of completing any sale made 
 under the said power as the person or persons by whom such 
 sale shall be made shall direct. 
 In witness, &c. 
 
 Digitized by Microsoft® 
 
558 
 
 MORTGAGES. 
 
 TO SECURE 
 A SUM 
 PAYABLE 
 BY INSTAL- 
 MENTS. 
 
 Parties. 
 
 Witnessing 
 part. 
 
 Mori^agor 
 appoints 
 and grants 
 to mort- 
 gagee. 
 
 Proviso for 
 payment of 
 
 mortgage- 
 money by 
 instalments. 
 
 No. XVII. 
 
 MOKTGAGE 0/ Freeholds hy Appointment and Grant 
 in fee with Power of Sale, and Provision for Pay- 
 ment 0/ Mortgage Money hy Instalments. 
 
 THIS INDENTURE, made the day of , Between 
 
 A. B. of, &c. {mortgagor), of the one part, and C D. of, &c. 
 (mortgagee), of the other part {Recite conveyance to uses to bar 
 dower in favour of A. B., — agreement for loan, suprd, p. 516) : 
 NOW THIS INDENTURE WITNESSETH, that in pur- 
 suance of the said agreement, and in consideration, &c. {the 
 receipt, dc), the said A. B. in exercise of the power for this 
 purpose given to him by the hereinbefore recited indenture as 
 aforesaid, and of all other powers (if any) him hereunto 
 enabling. Doth hereby appoint and by way of further assur- 
 ance, doth hereby also grant unto the said C. D., his heirs and 
 assigns. All, &c. (parcels, general words, and all the estate, 
 dc, — Habendum to mortgagee, — proviso for redemption, — 
 covenant for payment of principal and interest at the end of 
 six months after date of mortgage, — covenants for title, — 
 power of sale, declaration of trusts of purchase-money, — power 
 may be exercised by any person entitled to give a discharge 
 for mortgage money, supra, pp. 516, 517, 618, omitting the 
 clauses that power may be exercised only in case of default, 
 dc, and that purchaser shall not be bound to inquire as to 
 default, dc) : Provided always, and it is hereby agreed and 
 declared, that if the said A. B., his heirs, executors, adminis- 
 trators, or assigns, shall pay to the said C. D., his executors, 
 
 administrators, or assigns, the said principal sum of £ , by 
 
 the instalments following (that is to say), the sum of £ on 
 
 the 31st day of December next, and the sum of £ on the 
 
 31st day of December in every succeeding year, until the whole 
 of the said principal sum shall be paid, or shall pay each of the 
 said instalments within thirty days after the day hereinbefore 
 appointed for the payment thereof, and shall also pay to the 
 said C. D., his executors, administrators, or assigns, interest 
 
 for the said principal sum of £ , or for so much thereof as 
 
 shall for the time being remain unpaid, after the rate aforesaid, 
 
 Digitized by Microsoft® 
 
MORTGAGES. 
 
 559 
 
 TO SECURE 
 A SUM 
 PAYABLE 
 BY INSTAL- 
 MENTS. 
 
 upon the several half-yearly days hereinbefore appointed for 
 the payment of such interest, or within thirty days after the 
 same half-yearly days respectively, [and if the said A. B., his 
 heirs, executors, administrators, and assigns, shall duly observe 
 and perform the covenant hereinbefore contained for keeping 
 the said premises insured against loss or damage by fire], then 
 and in such case he the said C. D., his executors, administrators, 
 or assigns, shall not nor will call in or take any steps to enforce 
 payment of the said principal sum, or any part thereof, other- 
 wise than by such instalments as aforesaid : Provided always, ^^""ou^J 
 and it is hereby agreed and declared, that upon any sale under ^heSer™ 
 the aforesaid power in that behalf, the purchaser shall not be been"ma'dc. 
 bound or concerned to see or inquire whether any default has *"• 
 been made in payment of the said principal sum or any instal- 
 ment thereof, or any interest thereon, contrary to the proviso 
 last hereinbefore contained, or otherwise as to the necessity or 
 propriety of the sale, or be affected by notice that no such de- 
 fault has been made as aforesaid, or that the sale is otherwise 
 unnecessary or improper. 
 In witness, &c. 
 
 No. XVIII. 
 
 MORTGAGE in Fee of Lands in the Possession of the "^^ "o"''; 
 Mortgagor, who Attorns Tenant to the Mort- ^°^^^^°'' 
 gagee (a). 
 
 WHO 
 ATTORNS 
 
 TENANT. 
 
 THIS INDENTURE, made the day of , Between 
 
 A. B. of, &c. (mortgagor), of the one part, and 0. D. of, &c. 
 
 (a) When the mortgagor is in possession of the mortgaged property, it is Best mode 
 often desiraHe to confer upon the mortgagee a power of distress, as a further of confer- 
 secuiity for the punctual payment of the interest. The most effectual mode moftS«°e 
 of conferring such power is by the mortgagor attornin" tenant to the mort- a power to 
 gagee at a rent at least equal to the interest, and payable on the same days, ilistraiii. 
 A mere power of distress without attornment is not effectual, as the mort- 
 sacor having no estate at law, cannot create a legal rent-charge with a 
 power of distress, and the power would only operate as a licence. (See 
 Freeman v. Edwards, 2 Ex. R. 732.) Care must be taken that the mort- 
 gagee does not preclude himself from entering without notice and deter- 
 nuning the tenancy. (See Doe d. Jarrod v. Alley, 12 Ad. & El. 481 ; Doe 
 d Snell V. Tom, 4 Q. B. Rep. 615 ; West v. Fritch, 3 Ex. Rep. 216; Pinhom 
 
 Digitized by Microsoft® 
 
560 
 
 MORTGAGES. 
 
 BY MORT- 
 GAGOR IN 
 POSSESSION 
 WHO 
 ATTORNS 
 TENANT. 
 
 Mortgagor 
 attorns 
 tenant to 
 the mort- 
 
 Moi-tgageo 
 may deter- 
 mine 
 tenancy 
 without 
 notice. 
 
 {mortgagee), of the other part {the same as Precedent No. I., 
 supra, p. 516, adding at the end the following clause), And for 
 THE PURPOSE of better securing the punctual payment of the 
 interest of the said principal sum, he the said A. B. doth hereby 
 attorn tenant to the said C. D. of the hereditaments and pre- 
 mises hereby granted, or expressed so to be, at the yearly 
 
 rent of £ {a sum equal to a year's interest on the. 'principal 
 
 sum), to be paid half-yearly on the day of , and the 
 
 day of ■ , (the days appointed for payment of interest) : 
 
 Provided always, that the said C. D., his heirs or assigns, 
 
 may at any time after the said day of next, enter 
 
 into and upon the said hereditaments and premises, or any part 
 thereof, and determine the tenancy hereby created, without 
 giving to the said A. B. any notice to quit. 
 In witness, &c. 
 
 No. XIX. 
 
 MORTGAGE 
 ' IN EXER- 
 CISE OP 
 POWER. 
 
 MOETGAGE of Land in Exercise of a general Power 
 of Appointment. 
 
 THIS INDENTURE, made, &c.. Between A. B. of, &c. 
 Recite {mortgagor), of the one part, and C. D. of, &c. {mortgagee), of 
 suchu^s*" *^® other part {Recite conveyance to mortgagor to such uses as 
 1^"°'*" ^^ might by deed appoint, and subject thereto to uses in strict 
 app'Jlnt. settlement,— agreement for loan) : NOW THIS INDENTUEE 
 Appoint- WITNESSETH, that in pursuance of the said agreement, and 
 
 ment of . . • „ / , . „ v rn • i ■ i^ . 
 
 parcels to m consideration, &c. {the receipt, ac), Ihe said A. B. in exer- 
 cise and execution of the power for this purpose given or 
 limited to him by the hereinbefore recited indenture as afore- 
 said, and of all other powers (if any) enabling him in this 
 behalf, doth hereby appoint that All, &c. {parcels), shall go, 
 
 V. Sonster, 8 Ex. Eep. 763 ; Brown v. Metropolitan Counties Life Assurance 
 Society, 28 Law J. (N. S.) Q. B. 236.) 
 A sham rent In some cases an attornment clause has been framed so as to make the 
 in attorn- mortgagor stand as yearly tenant to the mortgagee at a rent enormously 
 noTsup-"'^' exceeding the annual value, say J10,000 a year ; but such an arrangement 
 ported. being a mere device to give to the mortgagee an additional security, in the 
 event of the bankruptcy of the mortgagor, in respect of a sham rent, has been 
 very properly decided to be void as a fraud on the bankrupt law. (Ex parte 
 Williams, L. R. 7 C. D. 138. See also Ex parte Mackay, L. R. 8 Oh. 643.) 
 stamp. It is considered that the introduction of an attornment clause in a mort- 
 
 gage would not subject the deed to a lease stamp. 
 
 Digitized by Microsoft® 
 
MORTGAGES. 561 
 
 MORTGAGE 
 IN EXER- 
 CISE OF 
 POWER, 
 
 remain, and be to the use of the said C. D., his heirs and 
 assigns, subject to the proviso hereinafter contained : Provided 
 ALWAYS, and it is hereby agreed and declared, that if the said proviso for 
 A. B., or other the person or persons for the time being entitled re<iemrtion. 
 to the said hereditaments and premises under the limitations of 
 
 the hereinbefore recited indenture, shall, on the day of 
 
 next, pay to the said C. D,, his executors, administrators, 
 
 or assigns, the sum of £ , with interest thereon after the 
 
 rate of £ per cent, per annum, computed from the date of 
 
 these presents, then and in such case the said hereditaments and 
 premises shall, at the request and at the cost of the person or 
 persons making such payment, be reconveyed to such uses, upon 
 such trusts, and with, under, and subject to such powers, pro- 
 visoes, agreements, and declarations, as the same hereditaments 
 and premises were subject or liable to immediately before the 
 execution of these presents, or as near thereto as the deaths of 
 parties and other circumstances will admit of (Covenant by 
 A. B. for payment of mortgage money and interest, — absolute 
 covenants by him for title, — power of sale, trusts of purchase- 
 money, the surplus to be paid to " the person or persons for 
 the time being entitled to the equity of redemption of the 
 premises sold," — pmver to be exercised only in case of default, 
 dc, purchaser not bound to inquire as to default, dc, power 
 may be exercised by any person entitled to receive and give 
 a discharge for mortgage-money, supra, pp. 516, 517, 518) : DeciaraUon 
 Provided always, and it is hereby agreed and declared by of liability 
 the said A. B., that as between the said A. B., his heirs, gagor and 
 
 ^^i.yj «« J mortgaged 
 
 executors, or administrators, and the hereditam^ents and pre- property, 
 mises hereby appointed, or expressed so to be, the said here- 
 ditaments and premises shall be the primary security for the 
 principal sum hereby secured, and the interest thereof, But this 
 proviso shall not affect the said C. D., his executors, adminis- 
 trators, or assigns, or his or their right to resort to his or their 
 several securities in such order and manner as he or they may 
 think fit. 
 In witness, &c. 
 
 VOL. I. 
 
 Digitized by Microsoft® 
 
562 MORTGAGES, 
 
 No. XX. 
 BY A MOETGAGE in Fee hy Husband and Wife of Lands 
 
 MARRIED ■, 1 • tIT 
 
 •woMAu. belonging to WIFE. 
 
 Parties. THIS INDENTURE, made, &c., Between A. B, of, &c. and C. 
 
 his wife (mortgagor), of the one part, and E. F. of, &c. (mortr 
 
 Eecite title gaffee), of the other part {Recite death of X. Y., father of C. B., 
 
 mortgagor, intestate, leaving C. B. his heiress-at-law, and that X. Y. was at 
 
 his death seised in fee simple of the hereditaments hereinafter 
 
 Agreement described, and intended to be hereby granted) : And whereas 
 
 the said E. F. has agreed to lend to the said A. B. and C. his 
 
 wife, the sum of £ , upon having the repayment thereof, 
 
 with interest, secured to him in the manoer hereinafter ex- 
 witnessing presscd : NOW THIS INDENTURE WITNESSETH, that 
 considera- ^^ pursuauce of the said agreement, and in consideration of the 
 
 ^°'^- sum of £ to the said A. B. and C. his wife, now paid by the 
 
 Husband said E. F. (the receipt, dc.). The said A. B. and C. his wife, 
 grant do by this deed, which is intended to be acknowledged by the 
 
 to mort- said C. B. pursuant to the statute in that behalf, grant unto the 
 f^°*" said E. F., his heirs and assigns: All, &c. (parcels, general 
 words, and aU the estate, dc, — Habendum to E. F. in fee, supra, 
 p. 516), subject to the proviso for redemption hereinafter con- 
 Proviso tor taiued : Provided always, that if the said A. B. and C. his 
 
 redemption. ., _, ^ i • • /.i -i^ 
 
 Wife, or either ot them, or the heirs or assigns of the said C. B. 
 
 shall, on the day of next, pay to the said E. F, 
 
 his executors, administrators, or assigns, the sum of £ , 
 
 with interest for the same, after the rate of £ per 
 
 cent, per annum, computed from the date of these presents, 
 
 then and in such case the said hereditaments and premises 
 
 shall be reconveyed unto and to the use of the said C. B., her 
 
 Covenants heirs or assigns, at her or their cost : And the said A B. doth 
 
 by husband *:: 
 
 ofST™* 'i^^'^'^y ^^^ himself, his heirs, executors, and administrators, 
 and interest, covenant with the said E. F., his heirs, executors, adminis- 
 trators, and assigns, that he the said A. B., his heirs, execu- 
 tors, or administrators, or the said C. B., her heirs or assigns, 
 will, &c. (Covenant to pay principal and interest, supra, 
 Covenant P- 516) : And THE Said A. B. doth hereby for himself, his 
 fratme^"* lieirs, executors, and administrators, further covenant with 
 
 Digitized by Microsoft® 
 
MORTGAGES. 563 
 
 BY A 
 MARRIED 
 WOMAN. 
 
 the said E. F., his heii's and assigns, that the said A. B. 
 and C. his wife, now have good right to grant the said here- . 
 ditaments and premises in manner aforesaid [And that if 
 default shall be made in payment of the said principal sum 
 
 of £ , or the interest thereof, or any part thereof, on the 
 
 said day of next, the said E. F., his heirs or assigns, 
 
 may at any time thereafter enter into and upon the said here- 
 ditaments and premises, and may thenceforth possess and 
 enjoy the same and receive the rents and profits thereof, with- 
 out any lawful eviction, interruption, claim, or demand from or 
 by any person or persons whomsoever : And that] free from 
 all incumbrances : And that the said A. B. and 0. his wife, 
 and all other persons having or lawfully or equitably claiming 
 any estate or interest in the said hereditaments and premises, 
 or any part thereof, will from time to time, at their own cost 
 dui'ing the continuance of this security, and afterwards at the 
 cost of the person or persons requiring the same, do and execute, 
 or cause to be done and executed, all such acts, deeds, and 
 things for further and more perfectly assuring the said here- 
 ditaments and premises unto and to the use of the said E. F., 
 his heirs and assigns, in manner aforesaid, as by them shall or 
 may be reasonably required (Power of sale and provisions in 
 reference thereto, as in Precedent No. I., supra, pp. 517, 518, 
 except that surplus proceeds of sale are to he paid " to the 
 said C. B., her heirs or assigns ") : Provided always, and it is Proviso timt 
 hereby declared by the said A B. and C. his wife, that as gaged pro- 
 
 ■ , . -I-. 1 • 1 • 1 ■ • pcrty shall 
 
 between the said A. B., his heirs, executors, or administrators, bo ti,e 
 
 . primary 
 
 and the hereditaments and premises hereby gi'anted, or ex- security. 
 pressed so to be, the said hereditaments and premises shall be 
 the primary security for the principal sum and interest hereby 
 secured : but this proviso shall not affect the said E. F., his 
 executors, administrators, or assigns, or his or their right to 
 resort to his or their several securities in such order and manner 
 as he or they may think fit (a). 
 In witness, &c. 
 
 (a) If, however, the intention is that the husband shall be primarily 
 liable, the proviso will be as follows : — " Provided always, and it is hereby 
 declared by the said A. B. and C. his wife, that as between, &c., the said 
 A. B. his heirs, executors, or administrators shall be primarily liable to the 
 payment of the said principal sum and interest hereby secured : but this 
 proviso, &c.' 
 
 o o 2 
 
 Digitized by Microsoft® 
 
564 
 
 MORTGAGES, 
 
 No. XXI. 
 
 OF EQUITY 
 
 OF EE- 
 DEMPTION. 
 
 Parties. 
 
 Eecite first 
 mortgage. 
 
 That prin- 
 cipal sum 
 remains due 
 on first 
 moiigage. 
 
 Agreement 
 for loan. 
 
 Witnessing 
 part. 
 
 Mortgagor 
 grants 
 parcels 
 to mort- 
 
 subject to 
 first mort- 
 gage. 
 
 Covenants 
 "by mort- 
 gagor for 
 title. 
 
 MORTGAGE of an Equity of Redemption. 
 
 THIS INDENTURE, made the day of , Between 
 
 A. B. of, &c. (jnortgagor), of the one part, and 0. D. of, &c. 
 {mortgagee), of the other part : Whereas by an indenture 
 
 dated the day of , and made between the said A. B. 
 
 of the one part, and G. H., of, &c., of the other part, the said 
 A. B., in consideration of the sum of £500 paid to him by the 
 said G. H., did grant the hereditaments hereinafter described 
 and intended to be hereby granted, with their appurtenances, 
 unto and to the use of the said G. H., his heirs and assigns, 
 subject to a proviso therein contained for the redemption of 
 the premises upon payment by the said A. B., his heirs, 
 executors, administrators, or assigns, unto the said G. H., his 
 executors, administrators, or assigns, of the ,sum of £500, with 
 
 interest for the same, after the rate of £ per cent, per 
 
 annum, on the day of then next : And whereas 
 
 the said principal sum of £500 still remains owing to the said 
 G. H. upon the said recited security, with interest for the same, 
 
 from the day of last {Recite agreement for loan, 
 
 supra, p. 516) : NOW THIS INDENTURE WITNESSETH, 
 that in pursuance of the said agreement, and in consideration, 
 &c. {the receipt, dc), (the said A. B. doth hereby grant unto 
 the said 0. D., his heirs and assigns : All, &c. ( Parcels, 
 general words, and all the estate, dec, — Habendum to C. D., 
 in fee), subject to the hereinbefore recited indenture and the 
 principal sum and interest thereby secured as aforesaid, and 
 subject also to the proviso for redemption hereinafter contained : 
 {Proviso for redemption and covenant by A. B. to pay prin- 
 cipal and interest, supra, p. 516) : And the said A. B., doth 
 hereby for himself, his heirs, executors, and administrators, 
 covenant with the said C. D., his heirs and assigns, that he the 
 said A. B. now hath good right to grant the said hereditaments 
 and premises, in manner aforesaid : [And that if default shall 
 
 be made in payment of the said sum of £ , or the interest 
 
 thereof, or any part thereof, on the said day of next, 
 
 the said C. D., his heirs or assigns, may at any time thereafter 
 
 Digitized by Microsoft® 
 
MORTGAGES. 565 
 
 enter into and upon the said hereditaments and premises, and "^ ^^"^ 
 may thenceforth possess and enjoy the same, and receive the '"^""'°''- 
 rents and profits thereof, without any lawful eviction, interrup- 
 tion, claim, or demand, from or by any person or persons 
 whomsoever, except in respect of the said recited mortgage : 
 And that] («) free from incumbrances, except the said mort- 
 gage : And that the said A. B., and all other persons lawfully 
 or equitably claiming any estate or interest in the said here- 
 ditaments and premises, or any part thereof, will from time to 
 time, at his or their own cost during the continuance of this 
 security, and afterwards at the cost of the person or persons 
 requiring the same, do and execute, or cause to be done and 
 executed, all such acts, deeds, and things for further and more 
 perfectly assuring the said hereditaments and premises unto 
 and to the use of the said C. D., his heirs and assigns, subject 
 to the said recited mortgage (if then subsisting), and in manner 
 aforesaid, as by him or them shall or may be reasonably 
 required : And it is hereby agreed and declared, that it Power of 
 shall be lawful for the said C. D., his executors, administrators, 
 or assigns, at any time or times, without any further consent on 
 the part of the said A. B., his heirs or assigns, to sell the here- 
 ditaments and premises hereby granted, or expressed so to be, 
 or any part or parts thereof, either subject to the said recited 
 mortgage or freed and discharged therefrom, and either together 
 or in lots, and either by public auction or private contract, and 
 either with or without special conditions or stipulations relative 
 to title or otherwise, with power to buy in the said premises, or 
 any part thereof, at any sale by auction, or to rescind any 
 contract for the sale thereof, and to resell the same without 
 being answerable for any loss or diminution in price, and with 
 power also to execute assurances, give effectual receipts for the 
 purchase-money, and do all other acts and things for complet- 
 ing the sale which the said 0. D., his executors, administrators, 
 or assigns, shall think proper : And it is hereby agreed and Treats of 
 DECLARED, that the said C. D., his executors, administrators, Sey!^° 
 or assigns, shall, with and out of the moneys to arise from any 
 such sale, in the first place pay and retain the costs and 
 expenses attending such sale, or otherwise incurred in relation 
 to this security, and shall in the next place apply such moneys, 
 in case the sale shall have been made freed and discharged 
 
 (tt) The words in brackets may be safely omitted for the sake of brevity. 
 
 Digitized by Microsoft® 
 
566 MOETGAGES. 
 
 "^of'^be^ ^'^'°™ *^® ^^i<^ recited mortgage, in satisfaction of the moneys 
 DEMPTioK ^jf g^^y^ which shall then be owing thereon, and shall in the 
 next place apply the said sale moneys in satisfaction of the 
 moneys which shall then be owing on the security of these 
 presents, and shall pay the surplus (if any) of the said sale 
 moneys to the said A. B., his heirs or assigns {Power only to he 
 exercised in case of default, dc. — purchaser not hound to 
 inquire as to default, &c., — power may he exercised by any 
 person entitled to give a discha/rge for mortgage moneys, suprd, 
 p. 518). 
 In witness, &c. 
 
 No. XXII. 
 MOMGAGE MORTGAGE with the Concueeence ot a Peioe Mokt- 
 
 WITH CON- "^ 
 
 cuBREKCE GAGEE who Postpones his Moetgage. 
 
 OF PRIOR 
 
 ''°''"°^°"^- THIS INDENTURE, made the day of , Between 
 
 Parties. ^ g ^£^ ^^ (prior mortgagee), of the one part, C. D. of, &c., 
 
 (mortgagor), of the second part, and E, F. of, &c. (mortgagee), 
 
 Keoite prior of the third part (Recite mortgage in fee from G. D. to A, B., 
 
 Agreement ^^ sccurc £1000, — that principal still remains due) : And 
 
 g^"""*" wheeeas the said C. D. hath applied to and requested the 
 
 said E. F. to lend to him the sum of £2000, which the 
 
 said te. F. hath agreed to do, upon having the repayment 
 
 thereof with interest secured to him in the manner hereinafter 
 
 Agreement expressed : And wheeeas the said A. B. hath agreed to post- 
 
 mo^g^ee pone his aforesaid security to the security intended to be hereby 
 
 his security, made in the manner hereinafter expressed : NOW THIS IN- 
 
 wunessing DENTURE WITNESSETH, that in pursuance of the said 
 
 agreements in this behalf, and in consideration of the sum of 
 
 £2000, now paid by the said E. F. to the said C. D. (the 
 
 receipt, dc), the said A. B., at the request of the said C. D., 
 
 gS-eeand*" ^°^^ hereby grant, and the said 0. D. doth hereby grant and 
 
 ITonTCr" confirm unto the said E. F., his heirs and assigns. All, &c. 
 
 tomort- (pa/rcels, general words, and all the estate, dc.) : To HAVE AND 
 
 TO HOLD the hereditaments and premises hereby granted, or 
 
 expressed so to be, unto and to the use of the said E. F., his 
 
 heirs and assigns for ever, subject to the proviso for redemption 
 
 Digitized by Microsoft® 
 
MORTGAGES. 567 
 
 WITH CON- 
 CTJBRENCE 
 OF PRIOR 
 
 HOBTGAOEE. 
 
 hereinafter contained : Provided always, that if the said mortgage 
 
 ' WTTFf now- 
 
 C. D., his heirs, executors, administrators, or assigns, or the said 
 A. B., his heirs, executors, administrators, or assigns, shall, on 
 
 the day of next, pay to the said E. F., his executors, fe"e^pt[on. 
 
 administrators, or assigns, the sum of £2000, with interest for 
 
 the same after the rate of £ per cent, per annum, computed 
 
 from the date of these presents, then and in such case the said 
 hereditaments and premises shall, at the cost of the said C. D., 
 his heirs or assigns, be reconveyed unto and to the use of the 
 said A. B., his heirs and assigns, subject to such right or equity 
 of redemption as shall be subsisting therein under or by virtue 
 of the hereinbefore recited indenture {Covenant by C. D. to 
 pay principal and interest, suprd, p. 516) : And the said A. B. Covenant 
 doth hereby for himself, his heirs, executors, and administrators, mortgagee 
 
 ■^ 7 ; 7 against in- 
 
 covenant with the said E. F., his heirs and assigns, that he the cumbranoes. 
 said A. B. hath not at any time heretofore done or executed, 
 or knowingly or willingly suffered, or been party or privy to any 
 act, deed, or thing whereby he is prevented from granting the 
 hereditaments and premises hereby granted, or expressed so to 
 be in manner aforesaid, or whereby the same or any part thereof, 
 are, is, can, or may be in anywise incumbered : And the said covenants 
 C. D. doth hereby for himself, his heirs, executors, and ad- mortgagor 
 ministrators, covenant with the said E. F., his heirs and 
 assigns, that the said A. B. and C. D. respectively now have 
 good right, &c. (absolute covenants for title, see suprd, p. 517) : 
 And it is hekeby agreed and declared, that it shall be po^er or 
 lawful for the said E. F., his executors, administrators, or ^^''■ 
 assigns, at any time or times, without any further consent on the 
 part of the said C. D., his heirs or assigns, or of the said A. B., his 
 heirs, executors, administrators, or assigns, to sell, &c. (power of 
 sale mid provisions in reference thereto, suprd, p. 517) : And 
 
 IT IS HEREBY AGREED AND DECLARED, that the said E. F., Trusts of 
 
 his executors, administrators, or assigns, shall, with and out of money. 
 the moneys to arise from any such sale as aforesaid, in the first 
 place pay and retain the costs and expenses attending such sale, 
 or otherwise incurred in relation to this security, and shall, in 
 the next place, apply such moneys in satisfaction of the moneys 
 which shall then be owing on the security of these presents, and 
 shall apply the residue (if any) of the said sale moneys in satis- 
 faction of the moneys (if any) which shall then be owing to 
 the said A. B., his executors, administrators, or assigns, upon 
 the security of the said recited indenture of mortgage, and 
 
 Digitized by Microsoft® 
 
568 
 
 MORTGAGES. 
 
 MORTGAGE 
 WITH CON- 
 CURRENCE 
 OF PBTOR 
 MORTGAGEE. 
 
 Declaration 
 that, sub- 
 ject to this 
 security, 
 former 
 mortgage 
 sliall re- 
 main in full 
 force. 
 
 shall pay the ultimate surplus (if any) of the said sale moneys 
 to the said C. D., his heirs or assigns {Power to be exercised 
 only in case of default, dc— purchaser not hound to inquire as 
 to default, dc— power may he exercised hy any person entitled 
 to give a discharge for mortgage money, supra, .t^. 618): And 
 IT IS HEREBY AGREED AND DECLARED between and by the 
 said A. B. and C. D. that, subject to the security hereby 
 made, the hereinbefore recited indenture of mortgage, and the 
 power of sale and other powers and provisions therein contained, 
 shall remain in full force and virtue. 
 In witness, &c. 
 
 No. XXIII. 
 
 MORTGAGE 
 BY EXECU- 
 TORS OP 
 LEASEHOLDS. 
 
 Fai-ties. 
 
 Agreement 
 for loan. 
 
 Witnessing 
 part. 
 
 Considerar 
 tion. 
 
 Execntors 
 
 demise 
 
 leaseholdsi 
 
 Haljenduin 
 to mort- 
 gagee for 
 residue of 
 
 MORTGAGE 0/ Leaseholds hy Executors. 
 
 THIS INDENTURE, made, &c., Between A. B. of, &c,, and 
 C. D. of, &c. (moHgagors), of the one part, and E. F. of, &c. {mort-i 
 gagee), of the other part {Recite lease from G. H. to X. Y. — will of 
 X. Y. appointing A. B. and C. D. executors ; — death of X. Y. and 
 probate of his will) : And whereas the said A. B. and C. D., 
 as such executors as aforesaid, having occasion for the sum of 
 £200, have requested the said E. F. to lend to them such sum, 
 which he the said E. F. has agreed to do, on having the re- 
 payment thereof, with interest, secured to him in the manner 
 hereinafter expressed: NOW THIS INDENTURE WIT- 
 NESSETH, that in pursuance of the said agi-eement, and in 
 consideration of the sum of £200 now paid to the said A. B. 
 and C D., as such executors as aforesaid, by the said E. F. (the 
 receipt whereof the said A. B. and C. D. do hereby acknow- 
 ledge, and from the same do hereby release the said E. F.) : 
 They the said A. B. and C. D., as such executors as aforesaid, 
 do hereby demise unto the said . E. F., his executors, adminis- 
 trators, and assigns. All and singular the hereditaments and 
 premises comprised in and demised by the hereinbefore recited 
 indenture of lease, and the rights, easements, and appurtenances 
 to the said hereditaments and premises respectively belong- 
 ing : To have and to hold the hereditaments and premises 
 hereby demised, or expressed so to be, unto the said E. F., 
 his executors, administrators, and assigns, for all the residue 
 
 Digitized by Microsoft® 
 
MORTGAGES. 569 
 
 MORTGAGE 
 BY EXECU- 
 TORS OF 
 LEASEHOLDS. 
 
 now to come of the said term of years, gi'anted therein by 
 
 the said indenture of lease as aforesaid (except the last day of 
 the said term), subject to the proviso for redemption herein- ~ ~ 
 after contained : Provided always, that if the said A. B. and ceptW 
 C. D,, or either of them, or other the personal representative Proviso for 
 or representatives for the time being of the said X. Y., de- " ™^ """' 
 ceased, or any person or persons interested in the said pre- 
 mises under the said -will of the said X. Y., shall, ou the 
 
 day of next, pay to the said E. R, his executors, 
 
 administrators, or assigns, the sum of ^200, with interest for 
 the same at the rate of £ per cent, per annum, com- 
 puted from the date of these presents, then and in such case 
 the demise hereby made shall be void : And it is hereby de- Declaration 
 
 "^ tliat intercHt 
 
 GLARED (but not so as to create any personal liability on the ^ ^i"''^ 
 part of the said A. B. and C. D., or either of them), that if the 
 
 said sum of £ shall not be paid on the said day of 
 
 next, interest thereon after the rate aforesaid shall con- 
 tinue to be paid to the said E. F., his executors, administrators, 
 
 or assigns, by equal half-yearly payments, on the day of 
 
 and the day of in every year, until the said 
 
 sum of £ shall be fully paid : And further, that all And tiiat 
 
 suras of money which during the continuance of this security, paid by 
 may be expended by the said E. F., his executors, adminis- for insurance 
 trators, or assigns, in or about the insurance of any buildings charge. 
 for the time being subject to this security, together with in- 
 terest for the same at the rate of £5 per cent, per annum, 
 computed from the time or respective times of advancing the 
 same, shall be a charge on the premises hereby demised, or ex- 
 pressed so to be, in addition to the said sum of £ and 
 
 interest, and that all sums received under any such insurance 
 as aforesaid, shall at the option of the said E. F., his executors, 
 administrators, or assigns, be applied in or towards rebuilding, re- 
 instating and repairing the premises in respect whereof the same 
 shall be received, or in or towards the payment of the principal 
 money and interest for the time being remaining due on the 
 security of these presents : And each of them the said A. B. covenant by 
 and C. D., so far only as relates to his own acts and deeds doth against 
 
 ^ ., . , incum- 
 
 hereby, for himself, his heirs, executors, and administrators, brances. 
 covenant with the said E. F., his executors, administrators, and 
 assigns, that they the said covenanting persons respectively have 
 not done or knowingly suffered or been party or privy to any 
 act, deed, or thing whereby they are prevented from demising 
 
 Digitized by Microsoft® 
 
570 MORTGAGES. 
 
 MORTGAGE 
 BY EXECU- 
 TORS OF 
 LEASEHOLDS 
 
 the said hereditaments and premises in manner aforesaid, or 
 whereby the same or any part thereof are, is, or may be in any- 
 Po^3j gi wise incumbered : And it is hereby agreed and declared, 
 ^°^^- that it shall be lawful for the said E. F., his executors, adminis- 
 
 trators, or assigns, at any time or times, without any farther 
 consent on the part of the said A. B. and C. D., or either of 
 them, or any person or persons for the time being interested in 
 the equity of redemption of the hereditaments and premises 
 hereby demised, to sell the same hereditaments and premises, 
 or any of them, either together or in lots, and either by public 
 auction or private contract, and either with or without special 
 conditions or stipulations relative to title or otherwise, with 
 power to buy in at sales by auction, to rescind contracts for sale, 
 and to resell without being answerable for any loss or diminu- 
 tion in price, and with power also to execute assurances, give 
 effectual receipts for the purchase-money, and do all other acts 
 and things for completing the sale which the said E. F., his exe- 
 ^™oMs°e ciitors, administrators, or assigns shall think proper : And it is 
 
 money. HEREBY AGREED AND DECLARED, that the said E. F., his exe- 
 
 cutors, administrators, or assigns, shall, with and out of the 
 moneys to arise from any such sale as aforesaid, in the first 
 place pay and retain the costs and expenses attending such sale 
 or otherwise incurred in relation to this security, and in the 
 next place apply such moneys in satisfaction of the moneys 
 which shall then be due and owing upon the security of these 
 presents, and shall pay the surplus (if any) to the said A. B. 
 and C. D., or the survivor of them, or other the personal repre- 
 sentative or representatives for the time being of the said 
 Power to X. Y., deceased : Provided always, and it is hereby agreed 
 pisedoniy and declared, that the power of sale hereinbefore contained 
 default, &c. shall not be exercised unless default shall be made in payment 
 
 of the said sum of £ , or the interest thereof, or some part 
 
 thereof respectively, on the day of next, and also 
 
 for the space of six calendar months next after a notice in 
 writing requiring payment thereof shall by or on behalf of the 
 said E. F., his executors, administrators, or assigns, have been 
 given to the said A. B. and C. D., or one of them, or other the 
 personal representative or representatives for the time being of 
 the said X. Y., deceased, or some or one of them, or left at the 
 usual or last known place or respective places of abode in 
 England or Wales, of the said A. B. and C. D., or one of them, 
 or other the personal representative or representatives of the 
 
 Digitized by Microsoft® 
 
MORTGAGES. 5/1 
 
 MORTGAGE 
 BY EXECU- 
 TORS OF 
 LEASEHOLDS. 
 
 said X. Y., deceased, or some or one of them, or left upon or 
 affixed to some part of the premises hereby demised, or ex- 
 pressed so to be, or unless default shall be made in some half- 
 yearly payment of interest, or some part thereof, for the space 
 of three calendar months after the time hereby appointed for 
 such payment {Purchaser not bound to inquire as to default, 
 <&c. — power may he exercised by any person entitled to give a 
 discharge for mortgage money, see suprd, p. 518) : And it ^^^*'°^ 
 IS HEREBY ALSO AGREED AND DECLARED, that after any sale J«™.'°^° 
 
 ' •' held in 
 
 made under the aforesaid power the said A. B. and C. D., or ^'j^^j^gr 
 the survivor of them, or other the person or persons in whom 
 
 the said term of years granted by the said indenture of 
 
 lease shall for the time being be vested shall stand possessed of 
 the premises sold for and during the last day of the said term : 
 In trust for the purchaser, his executors, administrators, and 
 assigns, and to be assigned and disposed of as he or they may 
 direct. 
 In witness, &c. 
 
 No. XXIV. 
 
 MORTGAGE of a Policy of Assurance Effected in policy of 
 the Name of the Mortgagor. assoeance. 
 
 THIS INDENTURE, made the day of , Between Parties. 
 
 A. B. of, &c. {mortgagor), of the one part, and C. D. of, &c. 
 {mortgagee), of the other part : Whereas, by a policy of assur- Recite 
 
 ance under the hands of three of the directors of the 
 
 Assurance Society, dated the day of , and numbered 
 
 , the sum of £ is assured to be paid to the executors, 
 
 administrators, or assigns of the said A. B. within three calendar 
 months after proof of his death, subject to the annual premium 
 
 of £ {Agreement for loan, suprd, p. 516) : NOW THIS ^^"^^^ 
 
 INDENTURE WITNESSETH, that in pursuance of the said 
 agreement, and in consideration, &c. {the receipt, dc), the said 
 A. B. doth hereby assign unto the said C. D., his executors, Mortgagor 
 
 , assigns 
 
 administrators, and assigns, ALL that the hereinbefore recited poucy 
 
 policy of assurance, and the said sum of £ thereby assured, 
 
 and all other moneys to become payable thereunder by way of 
 
 Digitized by Microsoft® 
 
572 
 
 MORTGAGES. 
 
 POLICY OF 
 ASSURANCE. 
 
 to mort- 
 
 Proviso for 
 redemption. 
 
 Receipt of 
 mortgagee 
 for policy 
 moneys to 
 be good dis- 
 charge. 
 
 Covenant 
 by mort- 
 gagor not 
 to vitiate 
 policy. 
 
 and to pay 
 premiums. 
 
 and to 
 deliver 
 receipts. 
 
 If mort- 
 gagor 
 makes 
 
 bonus or otherwise, And all the right, title, interest, claim, and 
 demand whatsoever of the said A. B. to in and upon the same : 
 To HAVE AND TO HOLD the said policy and premises unto the 
 said C D., his executors, administrators, and assigns, subject to 
 the proviso for redemption hereinafter contained : Peovided 
 
 ALWAYS, that if the said A. B. shall, on the day of 
 
 next, pay to the said C. D., his executors, administrators, or 
 
 assigns, the sum of £ , with interest for the same in the 
 
 meantime, after the rate of £ per cent, per annum, computed 
 
 from the date of these presents, then and in such case the said 
 policy shall be reassigned unto the said A. B. at his cost : And it 
 IS HEREBY DECLARED that the receipt of the said C. D., his execu- 
 tors, administrators, or assigns, for the moneys assured by or to 
 become payable under the said policy of assurance shall be an 
 effectual discharge for the same to the said assurance society, . 
 and the said assurance society shall not be bound or concerned 
 to see or inquire whether at the time of such payment any 
 money remains owing on the security of these presents 
 {Covenants hy A. B. with G. D., for the payment of the mort- 
 gage money and interest, see suprd, p. 516) : And also, that 
 he the said A. B. will not at any time hereafter do any act, or 
 commit any default, whereby the said policy of assurance may be 
 rendered void or voidable (&), or an increased premium thereon 
 become payable, and will, in case at any time during the con- 
 tinuance of this security the said policy, or any new policy to be 
 effected as hereinafter mentioned, shall by any means become 
 void, forthwith at his own cost effect a new policy on his life in 
 lieu of such void policy, in the name or names of the said C. D., his 
 executors, administrators, or assigns, in some oflSce to be approved 
 
 of by him or them, in the sum of £ at least, and will duly 
 
 and regularly pay the premiums and other sums of money (if 
 any) which shall from time to time become payable for keeping 
 on foot the said policy hereby assigned, and every or any such 
 new policy as aforesaid, and will deliver to the said C. D., his 
 executors, administrators, or assigns, the receipt for every such 
 premium within seven days after the same shall become due : 
 And in case default shall be made by the said A. B. in keep- 
 ing on foot the said policy hereby assigned, or in effecting or 
 
 (6) On the mortgage of a policy of assurance, the mortgagor should cove- 
 nant that he will do no act whereby the policy may be rendered void aa 
 well as that he wiU do all acts necessary for keeping it on foot Dunnav v 
 BorrodaHe, 5 C. B. 380. "' * 
 
 Digitized by Microsoft® 
 
MORTGAGES. 573 
 
 POLICY OF 
 ASSURANCE. 
 
 further 
 assurance. 
 
 keeping on foot any such new policy, then and in every such 
 case it shall be lawful for the said 0. D., his executors, adminis- , , „ 
 
 ' _ , ' default 
 
 trators, or assigns, to keep on foot the said policy hereby mortgagee 
 
 ' o ' r r J J may keep 
 
 assigned, or to effect or keep on foot any such new policy as "p vo'i'v. 
 aforesaid (as the case may require) if he or they shall think fit so 
 to do, and all moneys paid by him or them for that purpose, with 
 interest for the same after the rate of £o per cent, per annum, 
 computed from the time or respective times of paying or ad- 
 vancing the same, shall be repaid to him or them by the said security to 
 A. B. on demand, and shall in the meantime be charged on the mon'eys ad- 
 policy of assurance and premises for the time being subject to morfeagee 
 
 this security, in addition to the said principal sum of £ ance. 
 
 hereby originally secured, and the interest thereof (d) : And covenant by 
 also that he the said A. B. now hath good right to assign the 
 said policy and premises in manner aforesaid, free from incum- for right 
 brances : And tha.t he and all other persons interested in the poiky.^ 
 said policy will, from time to time, at his or their own cost during and for 
 the continuance of this security, and afterwards at the cost of 
 the person or persons requiring the same, do and execute, or 
 cause to be done and executed, all such acts, deeds, and things 
 for further and more perfectly assuring the said policy and 
 premises unto the said C. D., his executors, administrators, 
 and assigns in manner aforesaid, as by him or them shall or 
 may be reasonably required : And it is hereby agreed and power of 
 DECLARED, that every new policy which may be effected as 
 aforesaid shall be subject to the same right of redemp- 
 tion as the policy for which the same may be substi- 
 tuted : And it is hereby agreed and declared, that it 
 shall be lawful for the said C. D., his executors, adminis- 
 trators, or assigns, at any time or times, without any 
 further consent on the part of the said A. B., to sell the 
 said policy of assurance hereby assigned, or any policy which 
 may be substituted for the same as aforesaid, either by public 
 auction or private contract, and either with or without special 
 conditions or stipulations relative to title or otherwise, to any 
 
 (d) On the mortgage of a life policy, the deed should always contaia a 
 provision enabling the mortgagee to keep up the policy in case of the mort- 
 gagor's default, and making the sums which he should advance for the 
 purpose, with interest thereoh, an additional charge on the property. It is, 
 however, settled, that even in the absence of any such provision, a mort- 
 gagee is entitled to charge the property with any sums he may advance for 
 keeping up the policy, and with interest thereon at four per cent. Bellamy 
 V. Briclenden, 2 J. & H. 137. 
 
 Digitized by Microsoft® 
 
574 MORTGAGES. 
 
 ass"e'2nce P^^son or persons, company or companies, who shall be willing 
 
 — to buy the same, including the society or company with which 
 
 the same policy is or shall be effected, with power to buy in the 
 same policy at any sale by auction, or to rescind any contract 
 for the sale thereof, and to resell the same without being 
 answerable for any loss or diminution in price, and with power 
 also to execute assurances, give effectual receipts for the pur- 
 chase-money, and do all other acts and things for completing 
 Power to ije the Sale which he or they shall think proper : Pkovided always, 
 
 exercised . j ^ r r 
 
 otdefauT* that the power of sale hereinbefore contained shall not be 
 *"=■ exercised unless default shall be made in payment of the said 
 
 principal sum of £ , or the interest thereof, or some part 
 
 thereof respectively, on the said day of next, and 
 
 also for the space of six calendar months next after a notice in 
 writing requiring such payment, shall by or on behalf of the 
 said C. D., his executors, administrators, or assigns, have been 
 given to the said A. B., or left for him at his usual or last 
 known place of abode in England or Wales, or unless default 
 shall be made in some half-yearly payment of interest, or some 
 part thereof, for the space of three calendar months after the 
 time hereby appointed for such payment, or unless default shall 
 be made in the observance or performance of any of the cove- 
 nants hereinbefore contained in relation to the said policy of 
 assurance hereby assigned (e) (Purchaser not hound to inquire as 
 Declaration to default, d:c., supro,, p. 518) : And it is also declared that the 
 policy said C. D., his executors, administrators, or assigns, shall apply 
 and sale' any moncys received by him or them by virtue of the said policy 
 of assurance hereby assigned, or any policy to be substituted for 
 the same as aforesaid, or from any sale under the foregoing 
 power ; first, in payment of the costs and expenses incurred 
 in or about such receipt or sale, or otherwise in relation to this 
 security, and, secondly, in payment of the moneys then owing 
 on this security, and shall pay the surplus (if any) to the said 
 A. B., his executors, administrators, or assigns. 
 In witness, &c. 
 
 («) In some cases tlie necessity of giving notice Ijefore selling a mortgaged 
 policy of assurance may reasonably be objected to, and in such cases the 
 whole of the above clause, "power onhj to be exercised in case of default," and 
 also the following clause, " purchaser not bound to inquire as to default^ Sc, 
 may be omitted. 
 
 Digitized by Microsoft® 
 
MOKTfiAGES. 575 
 
 No. XXV. 
 
 MORTGAGE of a Policy of Assurance effected, in the ™"" "F. 
 Name of the MoRxaAGEE. Two Sureties join in 
 the Security (a). 
 
 ASSURANCE 
 
 WHERE 
 
 SURETIES 
 
 JOIN. 
 
 THIS INDENTURE, made, &c., Between A. B. of, &c. Parties. 
 (mortgagor), of the first part, 0. D. of, &c., and E. F. of, &c. 
 
 (a) Where a person joins as surety it is necessary that he should be made Liability of 
 acquainted with all the circumstances and facts which bear upon or can °"^ ' ' 
 affect his position, for if he is kept in ignorance of anything which might 
 have influenced him in undertaking the obligation, the creditor will have no 
 remedy against him ; and in order to preserve his obligation care must be 
 taken in all subsequent transactions between the principal debtor and the 
 creditor that no arrangement is made between them either as to the pay- 
 ment of the debt or the securities which can prejudicially affect the surety's 
 position. Thus, if further time is given by the creditor to the principal 
 debtor for the payment of the debt without the surety's consent, and without 
 reserving a right to proceed against the surety (Samuell r. Howarth, 3 Mer. 
 272 jOriental Financial Corporation v. Overend & Co., L. R. 7 C. A. 142), 
 "or if the creditor without the consent of the surety compounds with the 
 principal debtor or releases him from payment of the debt (Webb v. Hewitt, 
 3 K. & J. 438 ; Nicholson v. EeviLl, 4 Ad. & El. 675 ; Taylor v. Manners, 
 L. R. 1 0. A. 48), the surety will be discharged (see Tudor's L. C. in Equity, 
 p. S80, 4th ed.) ; but it seems that a covenant not to sue the principal 
 debtor subject to a proviso that the creditor should not be prevented from 
 suing any other person than the principal debtor who might be liable to 
 pay the money, does not discharge tne surety (Price v. Barker, 24 L. J. 
 N. S. (Q. B.) p. 130 ; Green v. Winn, L. R. 4 C. A. 204). The surety will 
 not, however, be released from his obligations if his remedies are not 
 affected by the arrangement between the creditor and the principal debtor 
 (Hulme V. Coles, 2 Sim. 12), or if further time is given with the consent of 
 the surety, or if the right of the principal debtor to proceed against 
 the surety is clearly reserved (Boultbee v. Stubbs, 18 Ves. 32 ; Webb v. 
 Hewitt, ubi suprd), or by the creditor not taking proceedings against the 
 principal debtor for the payment of the debt, or by his taking an ad- 
 ditional security or afterwards releasing such further security (Newton v. 
 Chorlton, 10 Hare, 646) : but the surety would be released if the creditor 
 were to take from the debtor a security in substitution for aU or any of 
 the original securities (Tud. L. C. in Equity, 1091, 4th ed.). It is also to 
 be observed that if there are two sureties and the creditor releases one, such 
 release operates as a release of the other (Nicholson v. ReviU, 4 A. & E. 
 675 ; Evans v.- Bremridge, 2 K. & J. 183). So if the mortgage deed is 
 drawn in such a manner that several sureties shall enter into joint and 
 several covenants, the signature of all is necessary in order to affect aU. or 
 any of them (Evans v. Bremridge, 2 K. & J. 174). If a surety pays the 
 debt of the principal debtor he is entitled to stand in the place of the credi- 
 tor as to all his remedies and the benefit of all his securities (whether they 
 be land, specialty, or otherwise) for the payment of his debt (Newton v. 
 Chorlton, vM mprd, — Mercantile Law Amendment Act, 1856, 19 & 20 Vict, 
 c. 97, s. 5.) 
 
 Digitized by Microsoft® 
 
576 
 
 MOETGAGES. 
 
 ImukIno^e (sureties), of the second part, and G. H. of, &c. (mortgagee), of 
 the third part.: Whereas the said A. B., and also the said 
 C. D. and E. F., have requested the said G. H. to lend to the 
 
 said A. B. the sum of £ , which the said G. H. has agreed 
 
 to do upon having the repayment thereof with interest secured 
 to him in manner hereinafter expressed : And whereas it was 
 part of the security agreed upon as aforesaid, that the said 
 A. B. should effect an assurance on his life in the name of the 
 said G. H. in the sum of £ , and accordingly by a policy of 
 
 ASSURANCE 
 
 WHERE 
 
 SURETIES 
 
 JOIK. 
 
 Benite 
 agreement 
 for loan. 
 
 Policy of 
 assurance 
 on life of 
 mortgagor 
 e£fected in 
 the name of 
 the mort- 
 
 assurance under the hands of three of the directors of the 
 
 Assurance Company, numbered and dated , the sum 
 
 of £ is assured to be paid to the said G. H., his executors, 
 
 administrators, or assigns, within three calendar months after 
 proof of the decease of the said A. B., subject to the payment 
 
 of an annual premium of £ : NOW THIS INDENTUEE 
 
 Witnessing WITNESSETH, that in pursuance of the said agreement, and 
 in consideration, &c. (the receipt, dc), It is hereby agreed 
 
 Agreement 
 for redemp- 
 tion. 
 
 AND DECLARED, that if the said A. B. shall, on the 
 
 day of 
 
 Joint and 
 several 
 covenants 
 by mort- 
 gagor and 
 liis sureties 
 to pay 
 principal 
 sum and 
 interest. 
 
 Tliat mort- 
 gagor will 
 
 next, pay to the said G. H., his executors, administrators, 
 
 the sum of £ , with interest for the same after 
 
 the rate of £ per cent, per annum, computed from the 
 
 date of these presents, then and in sach case the said policy 
 shall be assigned to the said G. H., at his cost : .Ajstd the said 
 A. B., C. D., and E. R, and every two of them apart from 
 the other of them, do hereby jointly for themselves, and 
 every one of them apart from the others of them, doth hereby 
 for himself, his heirs, executors, and administrators, covenant 
 with the said G. H., his executors, administrators, and assigns, 
 in manner following (that is to say) : That they the said A. B., 
 C. D., and E. F., or some or one of them, or the heirs, executors, 
 or administrators of them, or some or one of them, shall and 
 
 will, on the day of next, pay unto the said G. H., 
 
 his executors, administrators, or assigns, the sum of £ , with 
 
 interest for the same after the rate of £ per cent, per 
 
 annum, computed from the date of these presents : And if the 
 
 said sum of £ shall not be paid on the said day of 
 
 . next, then will pay to him or them interest after the rate 
 
 aforesaid, on the said principal sum, or on so much thereof as 
 shall for the time being remain owing, by equal half-yearly 
 
 payments on the day of , and the day of 
 
 in every year, until the said principal sum shall be fully paid : 
 And also that the said A. B. shall not nor will at any time 
 
 Digitized by Microsoft® 
 
MOETaAGES. 577 
 
 ASSUBANCB 
 
 WHEBE 
 
 80BET1E3 
 
 JOIN. 
 
 during the continuance of this security, do any act or commit jSs"^nct 
 any default whereby the said policy of assurance may be 
 rendered void or voidable, or an increased premium thereon 
 become payable : And that the said A. B., or the said C. D. ^ ^ti^' 
 and E. F., or one of them, or the heirs, executors, or adminis- ^°^^''^' 
 trators of them, or one of them, shall and will, in case at any time 
 during the continuance of this security the said policy, or any 
 new policy to be effected as hereinafter mentioned, shall by any 
 means become void, forthwith at his or their own cost effect a To effect 
 new policy on the life of the said A. B., in lieu of such void 'i%Fsu^i 
 policy, in the name or names of the said G. H., his executors, become " 
 administrators, or assigns, and in some office to be approved 
 
 of by him or them, in the sum of £ at least, and also 
 
 shall and will duly and regularly pay the premium and other to pay pre- 
 sums of money which shall from time to time become pay- '"'™°' 
 able for keeping on foot the hereinbefore recited policy of 
 assurance, and every or any such new policy as aforesaid, and 
 deliver to the said G. H., his executors, administrators, or and deliver 
 assigns, the receipt for every such premium within seven days mortgagee, 
 after the same premium shall become due : And that if 
 default shall be made by the said covenanting persons or 
 some or one of them, or the heirs, executors, or adminis- 
 trators of them, or some or one of them, in keeping on foot 
 the hereinbefore recited policy, or in effecting and keeping 
 on foot any such new policy, then and in every such case it 
 shall be lawful for the said G. H., his executors, administrators. Power to 
 
 mortgagee 
 
 or assigns, to keep on foot the hereinbefore recited policy, or J" keep on 
 to effect and keep on foot any such new policy as aforesaid (as ""* "^^'i^ 
 
 J- _ •/ tr J \ new policy 
 
 the case may require), if he or they shall think fit so to do, and ji°f°^t ^y 
 in that case all moneys expended by him or them for that pur- '^<"*e^'>j- 
 
 . To repav 
 
 pose, with interest for the same after the rate of £5 per cent, sums ex- 
 
 , T ft , . , . p pended by 
 
 per annum, computed irom the time or respective times or pay- mortgagee 
 
 • 1 • 1 1 11 1 •! 1 • 11 in keeping, 
 
 mg or advancing the same, shall be repaid to him or them by on foot or 
 
 . , . „ effecting 
 
 the said covenanting persons, or some or one of them, or the poijoiea, 
 heirs, executors, or administrators of them, or some or one of them, *«™si. 
 on demand, and shall in the meantime be charged on the policy meantime* 
 for the time being subject to this security, in addition to the to be a ™^ 
 
 said principal sum of £ hereby originally secured, and the poSl^ ™ 
 
 interest thereof : And it is hereby declared, that every or p"i[ey*to be 
 any new policy which may be effected as aforesaid, shall be SMrigh^of 
 subject to the same right or equity of redemption as the policy as^oriln™ 
 for which the same shall be substituted {Poiver of sale and ™*' 
 
 Digitized by Microsoft® 
 
578 
 
 MORTGAGES. 
 
 ™s"eL° E provisions 
 
 STORES policy moneys and sale moneys 
 
 suprd, 
 
 by mort- 
 gagee shall 
 not put an 
 end to the 
 liahility of 
 sureties. 
 
 in reference thereto, and declaration of trust o_f 
 as in Precedent No. XXIV., 
 policy being referred to as " the 
 Sarance* hereinbefore recited policy/' instead of "the policy hereby 
 assigned, or expressed so to be ") : Pbovtoed ALWAYS, and it is 
 hereby agreed and declared, that any neglect or forbearance of 
 the said G. H., his executors, administrators, or assigns, in 
 endeavouring to obtain payment of the principal moneys and 
 interest intended to be hereby secured, or in putting in force 
 any of his or their remedies for the same, and any time -which 
 may be given by him or them to the said A. B., his heirs, exe- 
 cutors, or administrators, or to either of them the said C D. 
 and E. F., or their respective heirs, executors, or administrators, 
 shall not in any way prejudice or aSect the joint and several 
 covenants hereinbefore contained, or the continuing liability of 
 the covenanting parties or any of them by virtue thereof, any 
 rule of law or equity to the contrary notwithstanding. 
 In witness, &c. 
 
 LIFE IN- 
 
 TEKEST IN 
 
 PERSONALTY 
 
 AND POLICY. 
 
 Parties. 
 
 Eecite set- 
 tlement 
 under which 
 mortgagor 
 is entitled 
 tu a life 
 interest in 
 trust funds. 
 
 Policy of 
 assurance 
 on life of 
 mortgagor. 
 
 Witnessing 
 part. 
 
 No. XXVI. 
 
 MORTGAGE of a Life Interest in Personalty and a 
 .Policy of Assurance. 
 
 THIS INDENTURE, made the day of , Between 
 
 A. B. of, &c. (mortgagor), of the one part, and C. D. of, &c. 
 {mortgagee), of the other part : Whereas under or by virtue 
 of an indenture dated, &c., and made, &c. (being the settlement 
 made in contemplation of the maniage then intended, and 
 shortly afterwards solemnized between the said A. B. and E. 
 now his wife (then E. F.), the said A. B. is entitled to receive 
 during his life the dividends, interest, and annual produce to 
 arise from the trust funds settled by the said indenture, which 
 trust funds now consist of the sum of £ £3 per cent. Con- 
 solidated Annuities, standing in the names of M. N. and 0. P. 
 (the trustees of the said indenture) in the books of the Governor 
 
 and Company of the Bank of England, and the sum of £ 
 
 invested in the names of the same trustees on mortgage of real 
 
 estates situate in the county of : And whereas (Recite 
 
 policy of assurance, supra, p. 671 — agreement for mortgage, 
 supra, p. 516) : NOW THIS INDENTURE WITNESSETH, 
 
 Digitized by Microsoft® 
 
MORTGAGES. 579 
 
 TEREST IN 
 PERSONALTY 
 AND POLICY. 
 
 that in pursuance of the said agreement, and in consideration ^^^j 
 &c., the said A. B. doth hereby assign unto the said C. D., his 
 executors, administrators, and assigns, All AND SINGULAR the Mortgagor 
 dividends, interest, and annual produce to arise and become ?^gf^t'?J" 
 payable during the life of the said A. B., from the said sum of SpSucy' 
 £ £3 per cent. Consolidated Annuities, and the said sum 
 
 of £ invested on mortgage as aforesaid, or other the trust 
 
 funds for the time being subject to the said indenture of settle- 
 inent : And also the hereinbefore recited policy of assurance, 
 and the moneys assured by and to become payable under the 
 same (and all the right, dc.) : To hold the premises hereby 
 assigned, or expressed so to be, unto the said C. D., his executors, to mort- 
 administrators, and assigns, subject to the proviso for redemption 
 hereinafter contained : Provided always, that if the said A. B., Proviso for 
 
 , ., in redemption, 
 
 shall, on the day of next, pay to the said C. D., his 
 
 executors, administrators, or assigns, the sum of £ , with 
 
 interest for the same after the rate of £ per cent, per 
 
 annum computed from the date of these presents, then and in 
 such case the said premises shall be reassigned unto the said 
 A. B., at his expense, or as he shall direct {Receipt of mortgagee 
 for pslicy vioneys to he good discharge ; covenants to pay prin- 
 cipal and interest, suprd, p. 572, and covenants for keep- 
 ing on foot policy, and otherwise in relation to policy, supra, 
 pp. 572, 573) : And also that he the said A. B. now hath good g°™^** 
 right to assign all the said premises hereby assigned, or ex-^^"'''" 
 pressed so to be, unto the said C. D., his executors, adminis- 
 trators, and assigns, in manner aforesaid, free from incum- 
 brances : And that he the said A. B. and all other persons 
 interested in the said premises, or any part thereof, shall and 
 will, from time to time, at his or their own cost during the 
 continuance of this security, and afterwards at the cost of 
 the person or persons requiring the same, do and execute, 
 or cause to be done and executed, all such acts, deeds, and 
 things, for fui-ther and more perfectly assuring the said pre- 
 mises, unto the said C. D., his executors, administrators, and 
 assigns, as shall or may be reasonably required : And it is Power of 
 HEREBY AGREED AND DECLARED, that it shall be lawful for the ° 
 said C. D., his executors, administrators, or assigns, at any 
 time or times, without any further consent on the part of the 
 said A. B., to sell the said dividends, interest, and annual pro- 
 duce, policy and premises hereby assigned, or expressed so to 
 be, and also any new policy which may be effected as herein- 
 
 p p 2 
 
 Digitized by Microsoft® 
 
580 MORTGAGES. 
 
 LIFE IN- 
 TEREST IN 
 PERSONALTY 
 AND POLICY. 
 
 before is mentioned, or any of them, or any part or parts thereof 
 respectively, either by public auction or private contract, and 
 either with or without special conditions or stipulations relative 
 to title or otherwise, to any person or persons, company or com- 
 panies (including the company or society with which the policy 
 hei'eby assigned, or expressed so to be, or any such new policy 
 as aforesaid, is or shall be effected), with power for the said 
 C. D., his executors, administrators, or assigns, to buy in at any 
 ,sale by auction, to rescind contracts for sale, and to resell with- 
 out being answerable for any loss or diminution in price, and 
 with power also to execute assurances, give effectual receipts 
 for the purchase-money, and do all other acts and things for 
 completing the sale which he or they may think proper (power 
 only to be exercised in case of default, dc, — purchaser not 
 bound to inquire as to default, dc, — power may be exercised by 
 any person entitled to give a discha/rge for mortgage money. 
 Declaration of trust of policy moneys and sale moneys, suprd, 
 pp. 573, 574). 
 In witness, &c. 
 
 No. XXVII. 
 
 <Ife Estate 
 
 IK LANDS MORTGAGE of a Life Estate in Lands and of Policies 
 
 AND "' •' 
 
 ''°"°'^- of Assurance to Two persons Subject to a Pbior 
 
 Mortgage. 
 
 Parties. 
 
 THIS INDENTUEE, made the day of , Between 
 
 A. B. of, &c. (^mortgagor), of the one part, and C. D. of, &c., and 
 S°en«tied ' (mortgagees), of the other part : Whereas under 
 
 i'ntands^'"** the will of , dated, &c., the said A. B. is seised for an estate 
 
 and to during his life without impeachment of waste of the heredita- 
 Si'Sef ments intended to be hereby demised, and the said A. B. is also 
 subjiot to P°^®^^^^'^ "f *^^ several policies of assurance on his life intended 
 14"°""'*" *° ^® hereby assigned, subject as to the said hereditaments and 
 
 policies to an indenture dated the day of , and made 
 
 between the said A. B. of the one part, and G. H. of, &c., of 
 the other part, whereby the said hereditaments were 'demised 
 by the said A. B. unto the said G. H., his executors, adminis- 
 trators, and assigns, for the term of ninety-nine years, without 
 impeachment of waste, if he the said A. B. should so long live, 
 and the said policies were assigned by the said A. B. unto the 
 
 Digitized by Microsoft® 
 
MORTGAGES. 581 
 
 £8TATE 
 IN LAinJS 
 
 said G, H., his executoi's, administrators, and assigns, by way of ^^^= 
 mortgage for securing the payment of the principal sum of p^*™ 
 
 ^ > with interest for the same, and which principal sum still 
 
 remains due and owing, but all interest for the same has been duly- 
 paid up to the day of last {Agreement for loan, suprd, Agreement 
 
 p. 516) : NOW THIS INDENTURE WITNESSETH, that in wrtTsmg 
 pursuance of the said agreement, and in consideration, &c. (the '""'''■ 
 receipt, &c), the said A. B. (hereinafter called " the mortgagor") Mortgagor 
 doth hereby demise unto the said C. D. and E. F. (hereinafter i«"d8™ 
 called "the mortgagees parties hereto"), their executors, adminis- 
 trators, and assigns. All and singular the messuages, lands, 
 
 tenements, and hereditaments, situate in the parish of , in 
 
 the county of , described ii> the first schedule here- 
 under written : And all other (if any) the messuages, lands, 
 tenements, atid hereditaments devised by the said will of the 
 
 said {general words, omitting "and all the estate," dec.) : 
 
 To HAVE AND TO HOLD the hereditaments and premises hereby to mort- 
 demised, or expressed so to be, unto the mortgagees parties ffio/ioo 
 hereto, their executors, administrators, and assigns, from the moriteagor 
 date of these presents, for the term of one hundred years thence uve, °° ""^ 
 next ensuing, if the mortgagor ghall so long live, subject to the subject to 
 
 said indenture of the day of and the said principal gage and 
 
 sum of £ due and owing by virtue thereof as aforesaid and roaempUon. 
 
 "the interest for the same, and subject also to the proviso for 
 redemption hereinafter contained: AND THIS IND EN- second 
 
 _ witnessiiu? 
 
 TURE ALSO WITNESSETH, that in further pursuance of part- 
 the said agreement, and for the consideration aforesaid, the 
 mortgagor doth hereby assign unto the mortgagees parties Mortgagor 
 hereto, their executoi's, administrators, and assigns. The several pouciea. 
 policies of assurance on the life of the mortgagor described 
 in the second schedule hereunder written, and the several 
 moneys assured by and to become payable under or by virtue 
 of the said policies respectively : And all the right, title, in- 
 terest, claim, and demand whatsoever of the mortgagor to, in, 
 and upon the same: To HAVE, HOLD, receive, and take the to hold to 
 said policies, moneys, and premises hereby assigned, or expressed absolutely, 
 so to be, unto the mortgagees parties hereto, their executors, 
 administrators, and assigns, subject to the said indenture of the 
 
 day of and the said principal sum of £ due and 
 
 owing by virtue thereof and the interest for the same, and sub- 
 ject also to the proviso for redemption hereinafter contained : 
 Provided always, that if the mortgagor, his executors, ad- Proviso for 
 
 redemption. 
 
 Digitized by Microsoft® 
 
582 
 
 MORTGAGES. 
 
 Lira ESTATE 
 IN LANDS 
 
 ANB 
 POLICIES, 
 
 Receipts of 
 mortgagees 
 for policy 
 money to 
 be good 
 discharges. 
 
 Covenant 
 by mort- 
 gagor not 
 to vitiate 
 policy. 
 
 and to re- 
 new assur- 
 ance which 
 maybe 
 void. 
 
 and to pay 
 premiums. 
 
 and to 
 deliver 
 receipts ; 
 
 and in case 
 of mort- 
 gagor's 
 default, 
 mortgagee 
 niav keep 
 up assur- 
 ance, 
 
 ministrators, or assigns, shall on the day of next, pay 
 
 to the mortgagees parties hereto, or the survivor of them, or the 
 
 ■ executors or administrators of such survivor, their or his assigns 
 
 (hereinafter referred to as " the mortgagees or mortgagee for 
 
 the time being ") the sum of £ , with interest for the same, 
 
 at the rate of £ per cent, per annum, computed from the 
 
 date hereof, then and in such case the said hereditaments, 
 policies, moneys, and premises, hereby demised and assigned 
 respectively, shall be respectively surrendered and reassigned 
 unto the mortgagor at his expense : And It is hereby also 
 AGREED AND DECLARED, that the receipt of the mortgagees or 
 mortgagee for the time being, for the moneys assured by or to 
 become payable under the said policies of assurance respectively, 
 shall be an effectual discharge for the same to the assurance 
 companies paying the same respectively, and they shall not be 
 bound or concerned to see or inquire whether at the time of such 
 payment any money remains owing on the security of these 
 presents (Covenants by mortgagor for payment of principal 
 and interest, suprcb, p. 516) : And also that he the mortgagor 
 will not do any act, or commit any default, whereby the said 
 policies of assurance hereby assigned, or expressed so to be, or 
 any of them, may be rendered void or voidable, or an increased 
 premium thereon become payable: And in case the said 
 policies, or any policy or policies to be effected as hereinafter 
 mentioned, shall by any means become void, the mortgagor 
 will forthwith, at his own cost, effect a new policy or new policies 
 on his life, in lieu of such void policy or policies, in the names 
 or name of the mortgagees or mortgagee for the time being 
 in some office to be approved by them or him, in a sum or sums 
 not I'ess in amount than the sum or sums assured by the policy 
 or policies which shall have become void as aforesaid (including 
 any bonus or bonuses which may have been declared thereon) 
 and shall and will duly and regularly pay the premiums and 
 other sums of money (if any) which shall from time to time 
 become payable for keeping on foot the said policies hereby 
 assigned, or any new policy or policies to be effected as afore- 
 said, and deliver to the mortgagees or mortgagee for the time 
 being the receipt for every such premium within seven days 
 after the same shall become due : -A^fD if default shall be made 
 by the mortgagor in keeping on foot the said policies hereby 
 assigned, or in effecting or keeping on foot any such new policy 
 or policies, then and in such case the mortgagees or mortgagee 
 
 Digitized by Microsoft® 
 
MORTGAGES. 583 
 
 for the time being, may keep on foot the said policies, or ^'^^^tate 
 eifect and keep on foot such new policy or policies as afore- pol™es 
 said, as the case may require, if they or he shall think fit ^^ ^^^^^ 
 so to do : And in that case all moneys expended by them ""J^^" 
 or him for that purpose, with interest thereon after theX°aM«i 
 rate of £5 per cent, per annum computed from the time g^^s^^r 
 or respective times of paying or advancing the same, shall '^^"™"<"=- 
 be repaid by the mortgagor on demand and shall in the include 
 
 . , , 111 T - monies ad- 
 
 meantirae be charged on the hereditaments and policies of as- vanced by 
 
 " ■* mortgagee 
 
 surance for the time being subject to this security, in addition <■<"■ assur- 
 
 to the said principal sum of £ and the interest thereof : covenants 
 
 And also that he the mortgagor now hath good right to demise gLor'for 
 and assign the said hereditaments, policies of assurance, and 
 premises, in manner aforesaid, free from incumbrances except 
 as herein appears : And that he the mortgagor and all other 
 persons interested in the said hereditaments, policies, and pre- 
 mises, or any of them, or any part thereof, will, from time to 
 time, at his or their own cost during the continuance of this 
 security, and afterwards at the cost of the person or persons 
 requiring the same, do and execute, or cause to be done and exe- 
 cuted, all such acts, deeds, and things, for further assuring the 
 said hereditaments, policies, and premises unto the mortgagees, 
 their executors, administrators, and assigns, in manner afore- 
 said, as by them shall or may be reasonably required : And it 
 IS HEREBY AGREED AND DECLARED that every new policy to be 
 effected as aforesaid shall be subject to the same right of redemp- ^^^er of 
 tion as the policy for which the same shall be substituted : And 
 
 IT IS HEREBY AGREED AND DECLARED, that it shall be lawful 
 
 for the mortgagees or mortgagee for the time being at any time 
 or times, without any further consent on the part of the mort- 
 gagor, to sell the said hereditaments, policies, and premises 
 hereby demised and assigned respectively, or expressed so to be, 
 and also any new policy or policies to be effected as aforesaid, or 
 any part or parts thereof respectively, either subject to the said 
 prior mortgage dated the day of , or freed and dis- 
 charged therefrom, and either together or in lots, and either by 
 public auction or private contract, and either with or without 
 special conditions or stipulations relative to title or otherwise, 
 to any person or persons, company or companies (including the 
 company or society with which any such policy is or shall be 
 effected), with power for the persons or person selling as afore- 
 said to buy in at sales by auction, to rescind contracts for sale, 
 
 Digitized by Microsoft® 
 
584 
 
 MORTGAGES. 
 
 LIFE ESTATE 
 IN LANDS 
 
 AITD 
 POLICIES. 
 
 and to re-sell, without being answerable for any loss or diminu- 
 tion in price : And with power also to execute assurances, give 
 effectual receipts for the purchase-money, and do all other acts 
 ^oweroniy and things for completing the sale which they or he may think 
 of def °uir° P™P^^ = Provided always, that the power of sale hereinbefore 
 contained shall not be exercised unless default shall be made in 
 
 payment of the said principal sum of £ , or the interest 
 
 thereof, or some part thereof respectively, on the said day 
 
 of next, and also for the space of six calendar months next 
 
 after a notice in writing requiring such payment, shall by or on 
 the part of the mortgagees or mortgagee for the time being, have 
 been given to the mortgagor, or left at his usual or last known 
 place of abode in England or Wales, or unless default shall be 
 made in some half-yearly payment of interest, or some part 
 thereof, for the space of three calendar months after the time 
 hereby appointed for such payment, or unless default shall be 
 made in the observance and performance of any of the covenants 
 hereinbefore contained in relation to the said policies of assur- 
 ance hereby assigned, or expressed so to be, or any of them (Pur- 
 chaser not bound to inquire as to default, &c. — -power may be 
 Declaration exercised by any person entitled to give a discharge for mortgage 
 topoiioy maney, supra, p. 518) : And it is also declared that the 
 monies. mortgagees or mortgagee for the time being shall apply all 
 moneys (if any) received by them or him under the said policies 
 of assurance, and also all moneys (if any) received by them or 
 him from any sale under the foregoing power in that behalf, 
 first in payment of the costs and expenses incurred in or about 
 such receipt or sale or otherwise in relation to this security ; 
 secondly, in payment of the money (if any) owing on the said 
 
 prior mortgage, dated the day of , except in the case 
 
 of a sale made subject to such prior mortgage ; and thirdly, in 
 payment of the moneys then owing on this security, and shall 
 pay the surplus (if any) to the mortgagor, his executors, adminis- 
 trators, or assigns. 
 In witness, &c. 
 
 The first Schedule referred to in the above- 
 written Indenture. 
 
 The second Schedule referred to in the above- 
 written Indenture. 
 
 Digitized by Microsoft® 
 
MORTGAGES. 585 
 
 No. XXVIII. 
 
 TO SECURE 
 EE- 
 
 MORTGAGE of Freeholds to secure the re-transfer of 
 
 Stock, and the Payment m the meantime of such of'stS 
 Sums as may he equal to the Dividends thereof. 
 
 THIS INDENTURE, made the day of , Between ''"'*''^- 
 
 A. B. of, &c. {mortgagor), of the one part, and C. D. of, &c. 
 {mortgagee), of the other part : Whereas the said C. D. hath ^ofarXo. 
 
 agreed to lend to the said A. B. the sum of £ , £3 per cent. 
 
 Consolidated Annuities, recently standing in the name of the 
 said 0. D. in the books of the Governor and Company of the 
 Bank of England, upon having the transfer of a like sum of 
 
 £ £3 per cent. Consolidated Annuities into the name of 
 
 the said C. D., and the payment in the meantime of an 
 annual sum in lieu of the dividends of the said stock se- 
 cured to the said C. D. in manner hereinafter mentioned : 
 NOW THIS INDENTURE WITNESSETH, that in ^art"°"™^ 
 pursuance of the said agreement, and in consideration of ^°™''''"'''- 
 
 the sum of £ (being the proceeds of the sale of the Proceeds of 
 
 said sum of £ £3 per cent. Consolidated Annuities) 
 
 now paid to the said A. B. by the said C. D. {the receipt, „ 
 
 ^ •' . Conveyance 
 
 dec. — Conveyance of freeholds by A. B. to C. D., subject to ^^«ehoids 
 proviso for redemption hereinafter contained, see supra, ssgee. 
 p. 516) : Provided always, that if the said A. B., his heirs, redemption 
 executors, administrators, or assigns, shall duly perform the of annuities 
 covenant next hereinafter contained, the hereditaments and of mort- 
 premises shall at any time thereafter, at the request and cost of 
 the said A. B., his heirs or assigns, be reconveyed to him or 
 them, or as he or they shall direct : And the said A. B. doth ty mort 
 
 , , . . gagorto 
 
 hereby for himself, his heirs, executors, and administrators, transfer an- 
 
 ■' ' . . nuities, and 
 
 covenant with the said C. D. his executors, administrators, Jo pay in 
 
 ' the mean- 
 
 and 'assigns. That he the said A. B., his heirs, executors, ^jj™^!™"' 
 
 administrators, or assigns, will, on the day of , 18 — , dividends. 
 
 at his or their own cost, transfer, or cause to be transferred, 
 into the name or names of the said C. D., his executors, ad- 
 ministrators, or assigns, in the books of the Governor and 
 Company of the Bank of England, the sum of £ £3 per 
 
 Digitized by Microsoft® 
 
586 MORTGAGES. 
 
 ™ ^r"*^ ^^^*- Consolidated Annuities, and will, in the meantime, until 
 TRANSFER ^]jg gajj Aunulties shall be so transferred, pay unto the said 
 
 OF STOCK. 3 r J 
 
 C. D., his executors, administrators, or assigns, such sums of 
 money as shall be equal in amount to the dividends which -the 
 said C. D., his executors, administrators, and assigns, would 
 have been entitled to receive on account of the said annuities, 
 if the same had continued standing in the name of the said 
 C. D., such payments to be made at such times as the said 
 dividends would have become payable {Covenants by mort- 
 gagor for right to convey, for quiet enjoyment, " if default 
 
 shall be made in the transfer of the said sum of £ £3 
 
 per cent. Consolidated Annuities, on the day of 
 
 next," <&c,, free from incumbrances, and for further as- 
 
 Powerof surance, supra, p. 517): And it is hereby agreed and 
 DECLARED, that it shall be lawful for the said C. D., his 
 executors, administrators, or assigns, at any time or times, 
 without any further consent on the part of the said. A. B., his 
 heirs or assigns, to sell the hereditaments and premises hereby 
 granted, or expressed so to be, or any part or parts thereof, 
 either together or in lots, and either by public auction or 
 private contract, and either with or without special conditions 
 or stipulations relative to title or otherwise, with power to buy 
 in the said premises or any part thereof at any sale by auction, 
 or to rescind any contract for the sale thereof, and to resell the 
 same from time to time, without being answerable for any loss 
 or diminution in price, and with power also to execute assur- 
 ances, give effectual receipts for the purchase-money, and do 
 all other acts and things for completing the sale which the 
 said C. D., his executors, administrators, or assigns, shall think 
 
 Trusts of proper : And it is hereby agreed and declared, that 
 
 purchase- ^ ^ ' 
 
 money. the gaid C. T>., his executors, administrators, or assigns, shall, 
 with and out of the moneys to arise from any such sale as - 
 aforesaid, in the first place pay and retain the costs and ex- 
 penses attending such sale, or otherwise incurred in relation to 
 this security, and in the next place, apply such moneys in 
 satisfaction of the stock and moneys for the time being owing 
 upon the security of these presents, and shall pay the surplus 
 Power to be (if any) unto the said A. B., his heirs or assigns : Provided 
 oniyincase ALWAYS, and it is hereby agreed and declared, that the power 
 
 of default, . « . , ^ 
 
 &<!■ of sale hereinbefore contained shall not be exercised, unless 
 
 default shall be made in the transfer into the name or names 
 of the said C. D., his executors, administrators, or assigns, of 
 
 Digitized by Microsoft® 
 
MORTGAGES. 
 
 587 
 
 TO SECURE 
 BE- 
 
 the said sum of £ £3 per cent. Consolidated Annuities on 
 
 the said day of next, and also for the space of six oFtTo™ 
 
 calendar months next after a notice in writing requiring such 
 transfer shall by or on the part of the said C. D., his executors, 
 administrators, or assigns, have been given to or left at the 
 usual or last known place of abode in England or Wales of the 
 said A. B., or one of his executors or administrators, or left 
 upon or affixed to some part of the land hereby granted, or 
 some building thereon, or unless default shall be made in some 
 half-yearly payment in lieu of dividends, or some part thereof, 
 for the space of three calendar months after the time hereby 
 appointed for such payment {Proviso that purchaser shall not 
 be bound to inqmre as to default, dc, supra, 'p. 518): And it Power may 
 
 IS HEREBY AGREED AND DECLARED, that the power of sale by any per- 
 . . • 1 1 ^°^ entitled 
 
 hereinbefore con tamed may be exercised by any person ortogivedis- 
 
 .,,, , .,. . 1. ,. charges for 
 
 persons entitled for the time being to receive and give a dis- money, 
 charge for the stock and moneys owing on the security of these 
 presents, and that if the legal estate in the said heredita- 
 ments and premises shall devolve upon or otherwise become 
 vested in any person or persons other than the person or 
 persons hereby authorised to exercise the said power of sale, 
 the person or persons in whom such legal estate shall for the 
 time being be vested, shall execute such assurances for the 
 purpose of completing any sale made under the said power, as 
 the person or persons by whom such sale shall be made shall 
 direct. 
 In witness, &c. 
 
 OF i 
 
 AND IN- 
 TEREST ON 
 PROCEEDS. 
 
 Parties. 
 
 No. XXIX. 
 
 MORTGAGE to secure the Re-Transfer of Stock lent, ^o ^^•'^^ 
 and Payment of Interest on Proceeds in the '^^'^^'^^ 
 Meantime. 
 
 THIS INDENTURE, made the day of , Between 
 
 A. B. of, &c. (mortgagor), of the one part, and 0. D. of, &c. 
 (mortaaaee), of the other part : Whereas the said 0. D. hath Agreement 
 
 Vi/t//' ■*■ i^Tii for advance. 
 
 atfreed to sell the sum of £ £3 per cent. Consolidated 
 
 Annuities, belonging to him, and to pay the proceeds of such 
 
 Digitized by Microsoft® 
 
588 
 
 MORTGAGES. 
 
 TO SECURE 
 
 RE- 
 TRANSFER 
 OF STOCK 
 AND IN- 
 TEREST ON 
 PROCEEDS, 
 
 Covenants 
 to retransfer 
 stock, 
 
 and to pay 
 interest on 
 proceeds. 
 
 Covenants 
 for title by 
 mortgagor. 
 
 Power of 
 
 sale. 
 
 Trusts of 
 purchase- 
 money. 
 
 sale to the said A. B. upon having a transfer of a like sum of 
 
 £ £3 per cent. Consolidated Annuities, and the payment 
 
 in the meantime of interest on the proceeds of the said sale 
 
 after the rate of £ per cent, per annum, secured to the 
 
 said C. D. in manner hereinafter mentioned : NOW, &c. {The 
 same as the last Precedent down to end of the proviso for 
 redemption) : And the said A. B. doth hereby for himself, 
 his heirs, executors, and administrators, covenant with the said 
 C. D., his executors, and administrators, and assigns, that he 
 the said A. B., his heirs, executors, or administrators, will, at 
 
 his or their own cost, on the day of , transfer or 
 
 cause to be transferred into the name or names of the said 
 C. D., his executors, administrators, or assigns, in the books 
 of the Governor and Company of the Bank of England, the 
 
 sum of £ £3 per cent. Consolidated Annuities, and will at 
 
 the same time pay to the said C. D., his executors, administra- 
 tors, or assigns, interest for the said sum of £ (proceeds of 
 
 sale of stock), after the rate aforesaid, computed from the date 
 
 of these presents : And if the said sum of £ £3 per 
 
 cent. Consolidated Annuities shall not be transferred as afore- 
 said on the said day of next, then will pay to the 
 
 said C. D., his executors, administrators, ov assigns, interest 
 
 after the rate aforesaid, for the said sum of £ (proceeds 
 
 of sale), or for such sum as shall bear the same proportion 
 
 to the said sum of £ (proceeds of sale) as the £3 per 
 
 cent. Consolidated Annuities for the time being owing on the 
 security of these presents, shall bear to the said sum of 
 £ like annuities, by equal half-yearly payments on the 
 
 day of , and the day of in every year 
 
 until the whole of the last mentioned sum of £3 per cent. 
 Consolidated Annuities shall have been transferred as afore- 
 said (Covenants by mortgagor for right to convey,— for quiet 
 enjoyment, " if default shall be made in the transfer of the 
 
 said sum of £ £3 per cent. Consolidated Annuities, or in 
 
 payment of such interest as aforesaid on the said day of 
 
 next," — free from incumbrances — and for further assur- 
 ance, p. 517 — power of sale, supra, p. 586) : Ajsd it is hereby 
 AGREED AND DECLARED that the said C. D., his executors, 
 administrators, and assigns shall, ^ith and out of the moneys 
 to arise from any such sale as aforesaid, in the first place pay 
 and retain the costs and expenses attending such sale, or other- 
 wise incurred in relation to this security, and in the next 
 
 Digitized by Microsoft® 
 
MORTaAGES. 589 
 
 OF STOCK 
 AND IN- 
 TEREST ON 
 PROCEEDS, 
 
 place apply such moneys in satisfaction of the stock and ™skure 
 interest for the time being owing upon the security of these qf^tock 
 presents, and shall pay the surplus (if any) of the said moneys 
 to the said A. B., his heirs or assigns (Power not to be exercised 
 unless default made in transfer after notice, see suprd, 
 p. 586, or " unless default shall be made in some half-yearly 
 payment of interest, or some part thereof, for the space of three 
 calendar months after the time hereby appointed for such pay- 
 ment " — proviso that purchaser shall not be bound to inquire 
 as to default, dc, supra, p. 518, — that power may be exercised 
 by any person entitled to give discharges for stock and money, 
 supra, p. 518). 
 In witness, &c. 
 
 No. XXX. 
 
 CONVEYANCE 
 WHERE 
 PART OF 
 
 CONVEYANCE of Feeeholds where part of the Pur- 
 chase-Money is retained by the Purchaser, and purchase- 
 secured by a Mortgage for a Term of Years to secured by 
 
 , ^rr / \ MORTOAOE. 
 
 the VENDOR (a). 
 
 THIS INDENTUKE, made the day of , Between ^^^ies. 
 
 A. B. of, &c. (vendor), of the one part, and C. D. of, &c. (pur- 
 chaser), of the other part : Whereas the said A. B. hath toMtfo™"' 
 agi'eed with the said C. D. for the absolute sale to him of the ™'°' 
 hereditaments intended to be hereby granted, and the in- 
 heritance thereof in fee simple in possession, free from all 
 incumbrances, at the price of ,£500 : And whereas upon the 
 treaty for the said purchase it was agreed that the sum of £200, 
 part of the said purchase-money, should remain in the hands 
 of the said C. D. upon the security of the said hereditaments, 
 
 (o) It is generally more convenient to have two deeds to carry out an 
 arrangement for retaining a part of the purchase-money on mortgage of the 
 purchased property, viz., (1) the conveyance to the purchaser in the usual 
 form ; and (2) a mortgage in the usual form from the purchaser to the 
 vendor, executed immediately after the deed of conveyance. Sometimes, 
 however, it is wished to effect the whole arrangement in one deed, and in 
 that case the above Precedent may he adopted. It will be observed that 
 the mortgage is for a term of years, and contains no power of sale, it being 
 assumed that the mortgage is only for a temporary purpose, and is likely to 
 be shortly paid off. j 
 
 Digitized by Microsoft® 
 
590 MORTGAGES. 
 
 PART OF 
 PURCHASE- 
 MONEY IS 
 SECURED BY 
 MORTGAGE. 
 
 ^whThe""'' ii the manner hereinafter expressed : NOW THIS INDEN- 
 TURE WITNESSETH, that in pursuance of the said agree- 
 ment, and in consideration of the sum of £300, part of the 
 said purchase-money of £500, to the said A. B. paid by the 
 pi^hfse- s^id C. D. on or before the execution of these presents (the 
 reSL^due receipt, dc.), and also in consideration of the sum of £200, 
 of freeholds, being the remainder of the said purchase-money, so secured to 
 be paid to the said A. B. as hereinafter mentioned, he the said 
 A. B. doth hereby grant unto the said C. D., and his heirs, 
 b° venaOT°' All, &c. ( parcels, general words, and all the estate, &c.) : 
 of parcels. To HAVE AND TO HOLD the hereditaments and premises 
 purchaser, hereby granted, or expressed so to be, unto the said C. D. and 
 vendor, to his heirs : To the use of the said A. B.., his executors, ad- 
 paidpur- ministrators, and assigns, for the term of 500 years, computed 
 
 money, and from the day of the date of these presents, subject never- 
 then to use _ 'PI PI -1 
 
 ofpurchaser thcless to the proviso lor the cesser oi the said terra 
 hereinafter contained, and from and after the determination 
 of the said term, and in. the meantime subject thereto. To 
 such uses, &c. {usual uses to bar dower in favour of C. D., 
 supra, pp. 225, 226) : Provided always, that if the said 
 G. D., his heirs, appointees, executors, administrators, or 
 
 assigns, shall on the day of next, pay to the said 
 
 A. B., his executors, administrators, or assigns, the sum of 
 
 £200, with interest for the same after the rate of £ per 
 
 cent, per annum, computed from the date of these presents, 
 then and in such case and immediately after such payment 
 the said term of 500 years shall cease and determine. {Cove- 
 nants- by C. D. for payment of principal and interest, 
 supra, p. 516, — Covenants by A. B. for right to convey to the 
 uses and in manner aforesaid, and that the said heredita- 
 ments and premises shall go and be to the uses and in 
 manner aforesaid, and shall and may at all times hereafter 
 be peaceably and quietly enjoyed accordingly free from incum- 
 brances, and for further assurance to the uses and in mxinner 
 aforesaid.) 
 ■ In witness, &c. 
 
 Digitized by Microsoft® 
 
MORTGAGES. 591 
 
 No. XXXI. 
 
 CONVEYANCE of Freeholds, hy direction of Pur- „0RTai0E 
 CHASER to a Mortgagee, to secure part of the PuR- ™abTof^ 
 
 PUBCHA8E- 
 
 CHASE-MONEY. money. 
 
 THIS INDENTURE, made the day of , Between p^jes. 
 
 A. B. of, &c. {vendor), of the first part, C. D. of, &c. {•pur- 
 chaser), of the second part, and E. F. of, &c. [mortgagee), of the 
 third part : Whereas the said A. B. hath agreed with the said Agreement 
 C. D. for the sale to him of the hereditaments intended to be 
 hereby granted, and the inheritance thereof in fee simple, free 
 from incumbrances, at the price of £1000 : And whereas the Agreement 
 said C. D. having occasion for the sum of £600 in order to ^h of 
 enable him to complete the said purchase, hath requested the moneys*" 
 said E. F. to advance the said sum for that purpose, which he 
 hath agreed to do on having the repayment thereof, with in- 
 terest, secured in manner hereinafter mentioned : NOW THIS witnessing 
 INDENTURE WITNESSETH, that in pursuance of the said '""'• 
 agreement, and in consideration of the sum of £400 to the considera- 
 said A. B. now paid by the said C. D., the receipt whereof the 
 said A. B. doth hereby acknowledge, and from the same doth 
 hereby release the said C. D., and in consideration of the sum of 
 £600 to the said A. B. at the same time paid by the said E. F., 
 by the direction of the said C. D. (the receipt of which sum of 
 £600 the said A. B. doth hereby acknowledge, and from the same 
 doth hereby release, as well the said C. D., as also the said 
 E. F.), he the said A. B. doth hereby, at the request and by vendor, by 
 the direction of the said C. D., grant unto the said E. F. and pMchMw" 
 his heirs. All, &c. ( parcels, general words, and all the estate, mortgagee. 
 dc) : To have and to hold the hereditaments and pre- to^mort-™" 
 mises hereby granted, or expressed so to be, unto and to the ®^^*- 
 use of the said E. F., his heirs and assigns, subject to the 
 proviso for redemption hereinafter contained : Provided proviso for 
 ALWAYS, that if the said C. D., his heirs, executors, a^. '«^™p*'™- 
 
 ministrators, or assigns, shall on the day of next 
 
 pay to the said E. F., his executors, administrators, or 
 assigns, the sum of £600, with interest for the same after 
 the rate of £ per cent, per annum, computed from the 
 
 Digitized by Microsoft® 
 
592 
 
 MORTGAGES. 
 
 MORTGAGE 
 TO SECURE 
 
 PART OF 
 PURCHASE- 
 MONEY. 
 
 Covenants 
 for title 
 by vendor 
 with mort- 
 gagee. 
 
 date of these presents, then and in such case the said heredita- 
 ments and premises shall at any time thereafter at the re- 
 quest and cost of the said C. D., his heirs or assigns, he con- 
 veyed to him or them, or as he or they shall direct (Covenant 
 by C. D. with 'E. F. to pay principal and interest, see supra, 
 p. 516) : And the said A. B. doth hereby for himself, his heirs, 
 execiitors, and administrators, covenant with the said E. F., 
 his heirs and assigns, that notwithstanding any act, deed, or 
 thing by the said A. B. done or executed, or knowingly suf- 
 fered to the contrary, the said A. B. now hath good right to 
 grant {Covenants for right to grant, and for quiet enjoy- 
 ment, free from incumbrances, see suprd, p. 517, substituting 
 "E. F." for " C. D." throughout): And further, that the 
 said A. B., and all other persons having or lawfully or equit- 
 ably claiming any estate or interest in the hereditaments 
 and premises hereby gi-anted, or expressed so to be, or any part 
 thereof, will from time to time, at the request of the said E. F., 
 his heirs or assigns, and at the cost, during the continuance of 
 the security intended to be hereby made, of the said C. D., his 
 heirs and assigns, and afterwards, of the person or persons re- 
 quiring the same, do and execute, or cause to be done and exe- 
 cuted, all such acts, deeds, and things whatsoever for further 
 and more perfectly assuring the said hereditaments and pre- 
 mises, and every part thereof, unto and to the use of the said 
 E. F., his heirs and assigns, in manner aforesaid, as shall or may 
 be reasonably required (Power of sale and other subsidiary 
 clauses, substituting throughout " E. F." for " C. D.," and 
 " C. D." for " A. B.," see suprd, pp. 517, 518). 
 In witness, «&c. 
 
 No. XXXII. 
 
 MORTGAOE 
 DEBT AND 
 SECURITIES. 
 
 FartieB. 
 
 Recite 
 mortgage. 
 
 MORTGAGE of a Mortgage Debt and the Security. 
 
 THIS INDENTURE, made the day of , Between 
 
 A. B. of, &c. (mortgagor), of the one part, and C. D. of, &c. 
 (mortgagee), of the other part: Whereas by an indenture 
 dated, &c., and made between X. Y. of, &c., of the one part, and 
 
 Digitized by Microsoft® 
 
MORTGAQKS. 593 
 
 the said A. B. of the other part, the said X. Y. in considera- '•o™*"^ 
 
 ^ * DEBT AND 
 
 tion of the sum of £ paid to him by the said A. B., did ^"■'^'^""i- 
 
 grant unto the said A. B., his heirs and assigns, All, &c. 
 {parcels), with their appurtenances. To hold the same unto 
 and to the use of the said A. B., his heirs and assigns, subject to 
 a proviso for redemption of the said premises upon payment by 
 the said X. Y., his heirs, executors, administrators, or assigns, 
 unto the said A. B., his executors, administrators, or assigns, of 
 the sum of £1000, with interest for the same after the rate of 
 
 £ per cent, per annum, on the day of then 
 
 next : And in the said indenture is contained a covenant by 
 the said A. B. for payment of the said principal sum and 
 
 interest, on the said day of then next, and also a 
 
 power of sale in case of default in such payment : And That pnn- 
 
 ■ 1 . . , » . <='Pil sum 
 
 WHEREAS the said principal sum of £1000 still remains owing remuius 
 to the said A. B. upon the security of the hereinbefore recited Agreement 
 indenture, with interest thereon, from the day of '"loan- 
 last (Recite agreement for loan) : NOW THIS INDENTURE J^^^'^'ng 
 WITNESSETH, that in pursuance of the said agreement, and 
 in consideration, &c. {the receipt, dc), The said A. B. doth ^"f^tg 
 hereby assign unto the said C. D., his executors, administrators, g^^J"^ 
 and assigns, All that the said principal sum of £1000 now Mortgage 
 due and owing to the said A. B. upon the security of the 
 hereinbefore recited indenture as aforesaid, and all interest 
 now due and henceforth to become due for the same, and the 
 benefit of the covenants, power of sale, and other powers and 
 provisions contained in the indenture for securing the same 
 {and all the right, dc). Together with full power to demand, 
 sue for, recover, and receive, and give effectual receipts and 
 discharges for the said principal sum and interest, in the name 
 of the said A. B. or otherwise. To have, receive, and take, Habendum 
 the said principal sum and interest, and other the premises gagee." "^ 
 hereby assigned, or expressed so to be, unto the said C. D., 
 his executors, administrators, and assigns, subject to the proviso 
 for redemption hereinafter contained : AND THIS INDEN- second 
 
 ^ witnessing 
 
 TURE ALSO WITNESSETH, that in further pursuance of pat. 
 the said agreement, and for the consideration aforesaid, The ^m^^"" 
 said A. B. doth hereby grant unto the said C. D., his heirs and ""^f^g"' 
 assigns, All and singular the hereditaments and premises 
 comprised in and granted by the hereinbefore recited inden- 
 ture, with their and every of their rights, members, and appur- 
 tenances (and all the estate, &c.) : To have and to hold the to submort- 
 gagee. 
 
 VOL. I. Q Q 
 
 Digitized by Microsoft® 
 
594 MORTGAGES. 
 
 MORTGAGE hereditaments and premises hereby granted, or expressed so 
 BECpImEl to he^ unto and to the use of the said C. D., his heirs and 
 assigns, subject to such right or equity of redemption as the 
 same are now subject to by virtue of the hereinbefore recited 
 indenture, and also subject to the proviso for redemption here- 
 proviBofor inafter contained : PROVIDED ALWAYS, and it is hereby agreed 
 redemption. ^^^ declared, that if the said A. B., his heirs, executors, ad- 
 ministrators, or assigns, shall on the day of next, 
 
 pay to the said C. D., his executors, administrators, or assigns, 
 
 the sum of £ . with interest for the same after the rate of 
 
 £ per cent, per annum, computed from the date of these 
 
 presents, then and in such case the said C. D., his heirs, exe- 
 cutors, administrators, or assigns, shall upon the request and at 
 the cost of the said A. B., his- heirs, executors, administrators, 
 or assigns, reassign and reconvey unto him or them the said 
 principal sum and interest, hereditaments and premises herein- 
 before assigned and granted respectively, or expressed so to 
 be, subject as to the said hereditaments and premises hereby 
 granted to such right or equity of redemption (if any) as 
 shall for the time being be subsisting therein under or by 
 virtue of the hereinbefore recited indenture (Covenant hy A. B. 
 Covenant for payment of principal and interest, suprd, p. 516) : And 
 gagor, THE SAID A. B. doth hereby for himself, his heirs, executors, 
 and administrators, covenant with the said C. D., his execu- 
 that mort- tors, administrators, and assigns, That the said sum of £1000 is 
 fSidue; still due and owing from the said X. Y. to the said A. B., and 
 for right to that he the said A. B. now hath good right to assign and 
 
 assure pre- . , . ° ° 
 
 raises; convey the said principal sum, interest, hereditaments, and pre- 
 mises, hereby assigned and granted respectively, or expressed 
 so to be, unto the said C. D., his heirs, executors, administra- 
 tors, and assigns respectively, in manner aforesaid, free from 
 
 and for incumbrances: And further that the said A. B., and all 
 
 furtlier . i /■ n 
 
 assurance, other porsons havmg or lawiully or equitably claiming any 
 interest in the said principal sum, interest, hereditaments and 
 premises hereinbefore assigned and granted respectively, or 
 expressed so to be, or any part thereof respectively, will, from 
 time to time and at all times hereafter, at his or their own 
 cost, do and execute, or cause to be done and executed, all 
 such act.s, deeds, and things, for further and more perfectly 
 assuring the said several premises unto the said C. D., his heirs, 
 execut-ors, administrators, and assigns respectively, in manner 
 aforesaid as shall be reasonably requiied : Provided always, 
 
 Digitized by Microsoft® 
 
MORTGAGES. 595 
 
 and it is hereby agreed and declared, that it shall not be in- "okto^ge 
 cumbent on the said C. D., his executors, administrators, or °^°°'"'^™- 
 assigns, to sue for or require paj'ment of the said principal sum 
 and interest hereby assigned, or any part thereof, unless he or 
 they shall think fit so to do, nor shall he or they be responsible 
 for any loss which may arise by reason of his or their omission 
 or delay to enforce any of the said securities for the said prin- 
 cipal sum and interest, or any part thereof 
 In witness, &c. 
 
 No. XXXIII. 
 
 MORTGAGE of Freeholds to secure an Existing Debt to secure 
 and, Future Advances. 
 
 EXISTING 
 DEBT AND 
 
 ADVANCES, 
 
 Parties. 
 
 THIS INDENTURE, made the day of , Between : 
 
 A. B. of, &c. (mortgagor), of the one part, and C. D. of, &c. 
 (mortgagee), of the other part : Whereas the said A. B. is in- Recite that 
 
 debted to the said C. D. in the sum of £ ; And whereas Is in<ffid, 
 
 the said A. B. hath agreed to secure the repayment of the said ment^™' 
 
 sum of £ , and also of any further sum or sums of money 
 
 which may hereafter be advanced to him by the said C. D. (not 
 
 exceeding altogether the sum of £ ), with interest for the 
 
 same respectively, in the manner hereinafter expressed: NOW 
 THIS INDENTURE WITNESSETH, that in pursuance of witnessing 
 the said agreement, and in consideration of the premises, the 
 said A. B. doth hereby, &c. (Grant of freeholds to C. D. in fee, 
 subject to redemption, suprd, p. 516) : Provided always, and it f'^^*"^ . 
 is hereby agreed and declared, that if the said A. B., his heirs, mortgagee. 
 
 executors, administrators, or assigns, shall, on the day of redemption. 
 
 next, pay to the said C. D., his executors, administrators, 
 
 or assigns, the sum of £ , with interest for the same after 
 
 the rate of £ per cent, per annum, computed from the 
 
 date of these presents, and also such further moneys (if any) as 
 shall then be owing to him or them upon the security of these 
 presents, then and in such case the said C. D., his heirs or 
 assigns, shall, upon the request and at the cost of the said 
 
 Q <j 2 
 
 Digitized by Microsoft® 
 
596 
 
 MORTGAGES. 
 
 TO SECURE 
 
 EXISTINQ 
 
 DEBT AND 
 
 FUTDBB 
 
 ADVANCES. 
 
 Covenant 
 by mort- 
 gagor to 
 pay prin- 
 cipal and 
 interest, 
 
 and to 
 repay 
 further 
 advances. 
 
 A. B., his heirs or assigns, reconvey the hereditaments and 
 premises hereby granted, or expressed so to be, unto and to the 
 use of the said A. B., his heirs or assigns, or as he or they 
 shall direct : And the said A. B. doth hereby for himself, his 
 heirs, executors, and administrators, covenant with the said 
 G. D., his executors, administrators, and assigns, that h^ the 
 said A. B., his heirs, executors, or administrators, will, on the 
 
 day of next, pay to the said C. D., his executors, . 
 
 administrators, or assigns, the sum of £ , with interest for 
 
 the same after the rate aforesaid, And if the said sum of 
 
 £ shall not be paid on the said day of next, 
 
 then will pay to the said C. D., his executors, administrators, 
 or assigns, interest after the rate aforesaid on the said principal 
 sum, or on so much thereof as shall for the time being remain 
 
 due, by equal half-yearly payments, on the day of , 
 
 and the day of in every year, until the said prin- 
 cipal sum shall be fully paid : And also will, on demand 
 repay to the said C. D., his executors, administrators, or 
 assigns, such sum or sums of money as shall or may hereafter 
 be advanced by the said C. D. to'the said A. B., with interest 
 thereon after the rate aforesaid, computed from the time or 
 respective times of advancing the same, such interest to be 
 paid half-yearly, the first payment thereof to be made on such 
 of the hereinbefore mentioned half-yearly days as shall first 
 happen after the principal moneys shall have been so advanced 
 as aforesaid, and all subsequent interest to be paid by equal 
 half-yearly payments on the said half-yearly days respectively ■; 
 And it is hereby agreed and declared, that until repay- 
 ment of the principal moneys to be hereafter advanced by the 
 said C. D. as aforesaid, with interest thereon as aforesaid, the 
 same principal moneys and interest shall be charged on the 
 hereditaments and premises hereby granted, or expressed so to 
 
 be, in addition to the said sum of £ , and the interest 
 
 thereof (Covenants by mortgagor for title, the covenant for 
 quiet enjoyment being to take effect, " if default shall be made 
 in payment of any of the moneys hereby secured, or any part 
 thereof, at the time hereby appointed for payment thereof 
 &c." Power of sale — declaration of trusts of purchase-money 
 — foiver not to be exercised " unless default shall be made in 
 payment of the moneys for the time being owing upon the secu- 
 rity of these presents, for the space of six calendar months, 
 after a notice," <fc., or unless default shall be made in some 
 
 Digitized by Microsoft® 
 
MORTGAGES. 597 
 
 half-yearly payment of interest, do. — purchaser not bound to 
 inqwire as to default, dc. — power may he exercised by any 
 person entitled to give a discharge for mortgage moneys, supra, " 
 pp. 517, 518.) 
 In witness, &c. 
 
 TO SECTrKE 
 EXISTING 
 DEBT AND 
 
 fUTCRE 
 ADVANCES. 
 
 No. XXXIV. 
 
 OF 
 BANKINO 
 UMPANY 
 
 MORTGAGE to Trustees of a Joint Stock Banking 
 Company to secure Balance 0/ Account Current. 
 
 THIS INDENTUBE, made the day of , Between to secure 
 
 , A. B. of, &c., (mortgagor), of the one part, and C. D. of, &c., ^"■""'-''•'•- 
 
 and E. F. of, &c., trustees of the Banking Company Parties. 
 
 (mortgagees), of the other part : Whereas the said A. B. has an ^reement 
 
 account current with the said company at their bank at , gL'^r""^ 
 
 and he has agreed, at the request of the said company, to give security. 
 such security in respect of his account current as is hereinafter 
 expressed : NOW THIS INDENTURE WITNESSETH, that J^'''^ 
 in pursuance of the said agreement, and in consideration of 
 the premises, the said A. B. doth hereby for himself, his heirs, 
 executors, and administrators, covenant with the said C D. and lio^Sor''^ 
 E. F., their executors and administrators, that he the said A. B., moneys 
 his heirs, executors, or administrators, will pay to the said aMount" 
 company all sums of money which now are, or shall from time ''"^'^^• 
 to time hereafter become, owing from the said A. B. on his ac- 
 count current with the said company (including interest, com- 
 mission, and other customary charges) : And if at the time when 
 the said account current shall be closed a balance shall be owing 
 thereon to the said company then will, so long as such balance, or 
 any part thereof, shall remain owing, pay interest thereon to the 
 said company after the rate of £5 per cent, per annum, computed 
 from the time when such balance shall be ascertained : And it Jfotice to 
 
 De given 
 
 IS DECLARED that the said company may at any time give to the "{'^'5,'°™= 
 said A. B., or leave at his usual or last known residence in Eng- ^°™'^'' 
 land or Wales, or at or upon some part of the hereditaments ^^^^^^ 
 hereinafter gi-anted, a notice in writing stating that the ac- 
 count current of the said A. B. with the said company is closed. 
 
 Digitized by Microsoft® 
 
598 
 
 MOETGAGES, 
 
 TRUSTEES 
 
 OF 
 BANKING 
 COMPANY 
 TO SECURE 
 ACCOUNT 
 CURRENT. 
 
 Mortgagor 
 grants. 
 
 parcels to 
 trustees of 
 baulc. 
 
 Proviso for 
 redemption. 
 
 Covenants 
 by mort- 
 gagor for 
 Me. 
 
 Power of 
 sale. 
 
 and the said account current shall be deemed to be closed 
 accordingly from the time of the giving or leaving of 
 such notice : And if the said account current shall not be 
 closed in the lifetime of the said A. B., the same shall be 
 deemed to be closed on the day of his death, and no notice to 
 his representatives shall be necessary : AND THIS INDEN- 
 TURE ALSO WITNESSETH, that in further pursuance of 
 the said agreement, and in consideration of the premises, The 
 said A. B. doth hereby grant unto the said C. D. and E. F., 
 their heirs and assigns {parcels — general words, and all the 
 estate, dc.) : To have and to hold the hereditaments and 
 premises hereby granted, or expressed so to be, unto and to the 
 use of the said C. D. and E. F., their heirs and assigns, subject 
 to the proviso for redemption hereinafter contained (that is to 
 say) : Provided always, and it is hereby agreed and declared, 
 that if the balance owing on the said account current of the 
 said A. B. with the said company, with interest thereon as afore- 
 said, shall be duly paid within one calendar month after the 
 closing of the said account, then the said hereditaments and 
 premises shall, at the request and cost of the said A. B., his 
 heirs or assigns, be reconveyed to him or them, or as he or they 
 shall direct : And the said A. B. doth hereby for himself, his 
 heirs, executors, and administrators, covenant with the said C. D. 
 and E. F., their heirs and assigns, that he the said A. B. now 
 hath good right to grant the hereditaments and premises hereby 
 granted, or expressed so to be, unto and to the use of the said 
 C. D. and E. F., their heirs and assigns, in manner aforesaid, 
 free from incumbrances : And that he the said A. B., and 
 his heirs, and all other persons having, or lawfully or equitably 
 claiming, any estate or interest in the said hereditaments and 
 premises, or any part thereof, will from time to time, at his or 
 their cost during the continuance of this security, and afterwards 
 at the cost of the person or persons requiring the same, do and 
 execute, or cause to be done and executed, all such acts, deeds, 
 and things for further and more perfectly assuring the said 
 hereditaments and premises unto and to the use of the said 
 C. D. and E. F., their heirs and assigns, in manner aforesaid, as 
 shall or may be reasonably required : AND it IS HEEEBT 
 AGREED AND DECLARED that the Said C. D. and E. F., or the 
 survivor of them, or the heirs of such survivor, their or his 
 assigns, may at any time or times, without any further consent 
 on the part of the said A. B., his heirs, or assigns, sell the here- 
 
 Digitized by Microsoft® 
 
MORTGAGES. 599 
 
 THUaXEES 
 OF 
 
 BANKING 
 
 COMPANY 
 TO SECURE 
 
 ACCOUNT 
 CURRENT. 
 
 ditaments and premises hereby gi-anted, or expressed so to be, 
 or any part or parts thereof, either together or in lots, and either 
 by public auction or private contract, and either with or without company 
 
 , TO 8ECURF 
 
 special conditions or stipulations relative to title or otherwise, *'='^"™t 
 
 , ■* ' CURRENT* 
 
 with power to buy in the said premises or any part thereof at 
 any sale by auction, or to rescind any contract for the sale 
 thereof, and to resell the same from time to time without being 
 answerable for any loss or diminution in price, and with power 
 also to execute assurances, give effectual receipts for the pur- 
 chase-money, and do all other acts and things necessary or 
 proper for completing the sale : And shall, with and out of the Declaration 
 
 J. . /. 11,. "' trusts of 
 
 moneys to arise from any such sale as aforesaid, in the first pirchaae- 
 
 1 • 1-1 money. 
 
 place pay and retain the costs and expenses attending such sale, 
 or otherwise incurred in relation to this security, and in the next 
 place pay and satisfy the moneys which shall then be owing 
 upon the security of these presents, and shall pay the surplus (if 
 any) unto the said A. B., his heirs or assigns: Pkovided Powertobe 
 ALWAYS, and it is hereby agreed and declared, that the power only in case 
 of sale hereinbefore contained shall not be exercised unless de- 
 fault shall be made in payment of the balance owing on the said 
 account current and the interest thereon, or some part thereof, for 
 the space of one calendar month after the said account shall 
 have been closed : Provided always, and it is hereby agreed Purchaser 
 and declared, that no purchaser at any sale under the power here- to inquire, 
 inbefore contained shall be bound or concerned to see or inquire 
 whether any such default shall have been made as aforesaid, or 
 otherwise as to the necessity or propriety of such sale, or be 
 affected by notice that no such default has been made, or that 
 the sale is otherwise unnecessary or improper: And it is Power of 
 
 HEREBY AGREED AND DECLARED, that if at any time or times other" 
 
 during the continuance of this security the hereditaments and be^xScS 
 premises hereby granted, or expressed so to be, shall be con- persons in 
 
 ■*■ , whom pro- 
 
 veyed to any other persons or person as trustees or a trustee of verty may 
 the said company, for the purposes of this security, so as to vest vested as 
 in them or him, either solely or jointly with the trustees or the com- 
 trustee by whom such conveyance shall be made, then and in 
 every such case the persons or person in whom the said here- 
 ditaments and premises shall for the time being be vested as 
 aforesaid, shall and may have and exercise the power of sale and 
 other the powers hereby conferred upon the said C. D. and 
 E. v., as fully and effectually as if they or he had been named 
 herein, instead of the said C. D. and E. F., and the statement 
 
 Digitized by Microsoft® 
 
600 
 
 MORTGAGES. 
 
 TRUSTEES 
 
 OF 
 BANKING 
 COMPANY 
 TO SECURE 
 ACCOUNT 
 CURRENT. 
 
 Acknow- 
 ledgment 
 by trustees, 
 or by two 
 directors, 
 to be con- 
 clusive evi- 
 dence that 
 moneys are 
 satisfied. 
 
 Security to 
 extend to 
 future 
 
 holders of 
 company. 
 
 in any deed by which the said hereditaments and premises shall 
 or may be conveyed as aforesaid that the persons or person to 
 whom the same shall be thereby conveyed, are or is trustees or 
 a trustee of the said company, shall be conclusive evidence of 
 the fact so stated, and no purchaser or other person deriving 
 title to the said hereditaments and premises, or any part 
 thereof, through any act of the persons or person to whom such 
 statement shall relate, shall be bound or concerned to see or 
 inquire whether the same persons or person shall have been 
 duly and properly constituted such trustees or trustee : And it 
 IS HEREBY ALSO AGREED AND DECLARED, that the acknowledg- 
 ment by the persons or person in whom the hereditaments and 
 premises hereby granted, or expressed so to be, shall for the 
 time being be vested for the purposes of this security, or by 
 any two directors of the said company, that the moneys hereby 
 secured have been fully satisfied, shall be conclusive evidence 
 that the same have been satisfied accordingly : AND IT IS 
 HEREBY LASTLY AGREED and declared, that these presents shall 
 be a security to the said banking company, for the moneys 
 hereby secured, of whatever shareholders or partners the said 
 company may from time to time consist, and under whatever 
 style or firm the banking business now carried on by the said 
 company, may for the time being be carried on. 
 In WITNESS, &c. 
 
 No. XXXV. 
 
 TO Banking 
 
 COMPANY 
 TO .SECURE 
 ACCOUNT 
 CURRENT. 
 
 Parties. 
 
 MOETGAGE to an Incorporated Banking Company 
 to secure Balance of Account Current. 
 
 THIS INDENTURE, made the day of , Between 
 
 A B. of, &c., (mortgagor), of the one part, and the Banking 
 
 Company, Limited (hereinafter called the " said Company "), of 
 the other part (Recital and first witnessing part, as in last 
 Precedent, substituting in the covenant, as covenantees, " the 
 said Company," for " the said C. D. and E. F., their executors 
 and administrators"): AND THIS INDENTURE ALSO 
 WITNESSETH, that in pursuance, &c., and in consideration. 
 
 Digitized by Microsoft® 
 
MORTGAGES. 601 
 
 &c., The said A. B. doth hereby grant unto the said company, ''?. 
 their successors and assigns {Parcels — general words, and all the 
 estate, de.), To hold the same unto and to the use of the said 
 
 BANKING 
 
 COMPANY 
 
 TO SECURE 
 
 ACCOUNT 
 
 CURRENT, 
 
 company, their successors and assigns {Proviso for redemption, ^a^fo"^ 
 as in last Precedent, supra, p. 598) : And the said A. B. doth "^ITnt 
 hereby for himself, his heirs, executors, and administrators, for t'tie- 
 covenant with the said company, their successors and assigns, 
 that he the said A. B., &c. {Covenant for title) : And it is hereby 
 AGREED AND DECLARED, that the said company, their successors 
 or assigns, may, &c. {Power of sale, — declaration of trust of 
 purchase-money, — powers not to be exercised until default, — 
 purchaser not hound to inquire, as in last Precedent, supra, 
 pp. 698, 599). 
 In WITNESS, &c. 
 
 No. XXXVI. 
 
 MORTGAGE of Freeholds by a Member of a Part- prom 
 
 "1 -n /. -r* PARTNERS 
 
 NERSHIP Firm to a Firm of Bankers to secure to bankers 
 
 Balance of an Account current of the Partner- account 
 
 *' "^ CURRENT. 
 
 SHIP Firm ivith the Bankers. Both members of- 
 one Partnership Firm covenant to pay Principal 
 and Interest. 
 
 THIS INDENTURE, made the day of , Between Parties. 
 
 W. X. of, &c. {one of the mortgagors), of the first part,Y. Z. of, 
 
 &c., partner with the said W. X., under the firm of " W. X. and 
 
 Y. Z." {other of the mortgagors), of the second part, P. Q. and 
 
 R. S. of, &c., baakers and partners, under the firm of P. Q. and 
 
 R. S." {mortgagees), of the third part, and A. B. of, &c., and 
 
 C. D. of, &c., being trustees nominated for the purpose of these 
 
 presents by the said P. Q. and R. S. {ti-ustees), of the fourth 
 
 part : WHEREAS the firm of W. X. and Y. Z. have for some time Recite sum 
 
 past kept an account with the said firm of P. Q. and R. S. at mortgagees. 
 
 their bank at , and a balance is now owing from them on 
 
 such account to the said firm : And whereas the said W. X. security 
 
 already 
 
 and Y. Z. have lately executed a conveyance and assignment by execuud. 
 way of mortgage of certain estates, debts, and effects of the said 
 
 Digitized by Microsoft® 
 
602 
 
 MORTGAGES. 
 
 FKOM 
 PARTNERS 
 TO BANKERS 
 TO SECURE 
 ACCOUNT 
 CURRENT. 
 
 Agreement 
 for present 
 mortgage. 
 
 ■Witnessing 
 part. 
 
 Covenant 
 by mort- 
 gagors. 
 
 for payment 
 of moneys 
 owing on 
 account 
 current. 
 
 Witnessing 
 part. 
 
 Grant by 
 mortgagor. 
 
 Parcels, 
 
 to mort- 
 gagees in 
 fee. 
 
 W. X. and Y. Z. in the West Indies, to trustees for the said firm 
 of P. Q. and R. S., for securing the payment of all such sum or 
 sums of money as now are or may from time to time hereafter 
 be due and owing from the said firm of W. X. and Y. Z. to the 
 said firm of P. Q. and R. S. in account current with the last- 
 mentioned firm : And whereas it has been agreed that the 
 payment of such sum or sums of money as aforesaid shall be 
 further secured in the manner hereinafter expressed : NOW 
 THIS INDENTURE WITNESSETH, that in pursuance 
 of the said agreement, and in consideration of the premises, 
 the said W. X. and Y. Z. do hereby for themselves, and each of 
 them doth hereby for himself, his heirs, executors, and adminis- 
 trators, covenant with the said P. Q. and R. S., their executors 
 and administrators, that they the said W. X. and Y. Z., or one 
 of them, or the heirs, executors, or administrators of them, or 
 one of them, will pay to_ the said firm of P. Q. and R. S. all 
 moneys which now are or at any time or times hereafter may 
 become due and owing from the said firm of W. X. and Y. Z. 
 in account current with the said firm of P. Q. and R. S., and in 
 particular will, upon the closing of the said account curi-ent, 
 forthwith pay the balance then owing thereon to the said firm 
 of P. Q. and R. S., and will pay interest on such balance (while 
 unpaid) after the rate of £5 per cent, per annum, computed from 
 the time when the same shall be ascertained : And it is de- 
 clared that the said firm of P. Q. and R. S. may close the said 
 account current whenever they shall think, fit, and they shall 
 thereupon notify the same to the said firm of W. X. and Y. Z. 
 by a letter left for the said firm at their place of business, as 
 stated in the books of the firm of P. Q. and R. S., or in any 
 other reasonable manner which the last mentioned firm shall 
 think fit : AND THIS INDENTURE ALSO WITNESSETH, 
 that in further pursuance of the said agreement, and in con- 
 sideration of the premises, he the said W. X., with the privity 
 of the said Y. Z., and on the nomination of the said P. Q. and 
 R. S. (testified by their respectively being parties to and exe- 
 cuting these presents) doth hereby grant unto the said A. B. 
 and C. D., and their heirs, First, All that, &c. ; Secondly, 
 All that, &c. {parcels, general words, and all the estate, dc.) : 
 To HAVE AND TO HOLD the hereditaments and premises hereby 
 granted, or expressed so to be, unto and to the use of the said 
 A. B. and C. D., their heirs and assigns for ever, subject never- 
 theless to the proviso for redemption hereinafter contained : 
 
 Digitized by Microsoft® 
 
MORTGAGES. 603 
 
 Provided always, and it is hereby agreed and declared, that p^"^ 
 if the said W. X. and Y. Z., or either of them, or the heirs. ™ "'t^??' 
 executors, or administrators of them, or either of them, shall pf ™™J 
 pay to the said firm of P. Q. and R. S. the balance owing on the Proviso for 
 said account current with interest thereon as aforesaid within '«<'«"?«<'■'• 
 one calendar month after the said account shall be closed, then 
 and in such case the said hereditaments and premises shall at 
 the request and cost of the said W. X., his heirs or assigns, be 
 reconveyed to him or them, or as he or they shall direct : And power of 
 
 IT IS HEllEBY AGilEED AND DECLARED, that it shall be lawful ""'"■ 
 
 for the said A. B. and C. D., or the survivor of them, or the 
 heirs of such survivor, their or his assigns, and they or he are or 
 is hereby required, at any time or times hereafter, upon the re- 
 quest of the said firm of P. Q. and R. S., to sell, &c. {Power of 
 sale, — declaration of trusts of 'purchase-money, — -power to he 
 exercised only in case of default, — purchaser not bound to in- 
 quire as to default, dc, supra, pp. 598, 599) : And it is Property 
 HEREBY AGREED AND DECLARED, that the hereditaments and v^«i to°"' 
 premises hereby granted, or expressed so to be, may from time tees during 
 
 I . , I . . /• 1 • .1 1 continuance 
 
 to time dunng the continuance oi this security be conveyed of security. 
 unto and to the use of any person or persons whom the said firm 
 of P. Q. and R. S. shall or may nominate as their trustee or 
 trustees for the purposes of this security, and such trustee or 
 trustees shall and may have and exercise the power of sale, and 
 other the powers herein contained, in like manner as if he or 
 they had been named herein instead of the said A. B. and 
 
 C. D. : And it is hereby also agreed and declared, that Interprela- 
 
 tlie expression, " the firm of W. X. and Y. Z." used in these tain expres- 
 presents shall signify and extend to as well the said W. X. and ^"""' 
 Y. Z. as also any other person or persons who may for the time 
 being constitute the firm now described as the firm of W. X. 
 and Y. Z., and the expression " the firm of P. Q. and R. S." 
 used in these presents shall signify and extend to as well the 
 said P. Q. and R. S. as also any other person or persons who 
 may for the time being constitute the firm now described as the 
 firm of P. Q. and R. S. (Covenants for title). 
 In witness, &c. 
 
 Digitized by Microsoft® 
 
604 MORTGAGES. 
 
 No. XXXVII. 
 OF FKEE- MORTGAGE of Freeholds to a Building Society {a). 
 
 HOLDS TO A 
 
 ^^S^° THIS INDENTUEE, made the day of , Between 
 
 Parties. -^- B. of, &c. (hereinafter called " the mortgagor "), [mortgagor), 
 of the one part, and the Benefit Building Society, incor- 
 porated pursuant to the "Building Societies Act, 1874 " (here- 
 inafter called "the said society"), {mortgagees^ of the other 
 
 Advance part : Wheeeas the mortgagor is the owner of shares in 
 
 isratmed the said society, numbered respectively , and he is by the 
 
 speot'^ofhis rules of the said society entitled to an advance of £- in re- 
 spect of each of the said shares, making an aggregate advance of 
 
 £ , on his executing the mortgage hereinafter contained : 
 
 coBsidera- NOW THIS INDENTURE WITNESSETH, that in con- 
 
 tion paid by . „ , « „ t ^ 
 
 society to sideration of the sum oi £ sterling to the mortgagor now 
 
 mortgagor. , . o o 
 
 paid by the said society (the receipt whereof the mortgagor 
 doth hereby acknowledge), he the mortgagor doth hereby grant 
 Mortgagor unto the Said society, their successors and assigns. All those, 
 parcels to &c. (parccls, general words, and all the estate, dc): To have 
 socie y, ^^^ ^^ hold the hereditaments and premises hereby granted, 
 or expressed so to be, unto and to the use of the said society, 
 upon trust their successors and assigns, IJPON TRUST to permit the mort- 
 mortgagor gagor, his hoirs and assigns, to hold and enjoy the said here- 
 
 The Build- (») The Act 6 & 7 "Wm. 4, c. 32, for the regulation of Benefit Bnildmg 
 ing Societies Societies, is repealed by the Building Societies Act, 1874 (37 & 38 
 Act, 1874. Yjgj; g 42^ g 7) . ijut the repeal does not affect any subsisting society 
 certified under the repealed Act, until such society shall have obtained a 
 certificate of incorporation under the new Act. Any society whose rules 
 have been certified under the Act of Wm. 4, may obtain a certificate 
 of incorporation under the new Act (38 Vict. c. 9, s. 2) ; and every 
 subsisting or future society, upon receiving a certificate of incorpora- 
 tion, becomes a body corporate by its registered name (37 & 3Q Vict. c. 42, 
 8. 9). 
 
 Any society may, from time to time, as the rules permit, invest any. 
 portion of its funds upon re^l or leasehold securities, or other specified 
 securities (sect. 25). 
 
 Whenever a member of a society having executed a mortgage to the society 
 dies intestate, leaving an infant heir, the society, after selling the mortgaged 
 property, may pay to his administrator the surplus proceeds of the sale to 
 the amount of J150, without paying it into the Post Office Savings' Bank, 
 under 30 & 31 Vict. c. 142, s. 24 (sect. 30). 
 
 Sect. 41 exempts from stamp duty the rules of the society and other docu- ^ 
 ments therein mentioned, but provides that the exemption shall not extend 
 to any mortgage. 
 See the "Building Societies Amendment Act " (40 & 41 Vict. c. 42). 
 
 Digitized by Microsoft® 
 
MORTGAGES. 605 
 
 OF VBEE- 
 
 H0LD8 TO A 
 
 BUILDING 
 
 SOCIETY. 
 
 ditaments and premises, and receive the rents and profits 
 thereof, so long as the mortgagor, his heirs, executors, adminis- 
 trators, or assigns, shall duly pay the subscriptions and other tJ^T^^e^ 
 sums of money which ought from time to time to be paid in s^'fo"™^ 
 respect of the said shares, according to the rules for the time P^^X^y** 
 being in force of the said society, and shall in all respects duly "y'^nante 
 observe the said rules and the covenants and provisions here- performed. 
 inafter contained which ought on his and their part to be 
 observed and performed : But in case the mortgagor, his But in ease 
 
 , . ^ , . . . , ,, ° , ., ofdefault, 
 
 heirs, executors, admmistrators, or assigns shall at any time fail aiitimsub- 
 for three calendar months to pay the said subscriptions and "id """'r 
 
 ^ "^ ^ ^ ]>a,vmcnts 
 
 other sums of money, or any of them, or shall at any time fail """c u> ho- 
 
 J ' J ' 'J come due, 
 
 in other respects to observe and perform the said rules, cove- 
 nants, and provisions, or any of them, then and in any or either 
 of such cases the whole of the subscriptions or other payments 
 in respect of the said advanced shares intended to be hereby 
 secured, shall immediately thereupon become due and payable, and society 
 and it shall be lawful for (but not obligatory on) the said society possession 
 
 ^ s_j 1/ ^ "^ of or let 
 
 to take possession of the said hereditaments and premises, and heredita- 
 to let the same for any term, and upon such conditions as they 
 shall think fit, and to appoint any person or persons, at such and appoint 
 remuneration as they shall think proper, to collect the rents '"^°™'™'^' 
 and profits of the said hereditaments and premises on behalf of 
 the said society until sale thereof, and also at the discretion of 
 the said society, at any time or times after such failure, and 
 whether in possession or not, without the concurrence of the 
 mortgagor or any other person, to sell and absolutely dispose 
 of the said hereditaments and premises, either together or in and seir 
 lots, and either by public auction or private contract, and sub- mc'nte."' 
 ject or not to any special conditions or stipulations relative to 
 the title or otherwise, and in such manner in all respects as the 
 said society shall think fit, with liberty to buy in the same 
 hereditaments and premises, or any part thereof, or to rescind 
 any contract made for the sale thereof, and to resell the same 
 without responsibility for any loss by such resale, and to exe- 
 cute assurances, give effectual receipts for the purchase-money, 
 and do all other acts and things for completing such sale which 
 the said society shall think fit : And it is hereby declared fj"^^^^^ ^ 
 that the said society shall with and out of any rents or sale 1^^,°^^^^',;^ 
 moneys received by them as aforesaid in the first place retain °f;„°?Jf'p,,y. 
 and pay all costs, charges, and expenses attending the execu- "■^"^t of^ 
 tion of the trusts hereby declared, or in relation thereto ; and in t^;"'. «'">''. 
 
 Digitized by Microsoft® 
 
606 
 
 MORTGAaES. 
 
 OF FREE- 
 HOLDS TO A 
 BUILDING 
 SOCIETY. 
 
 Surplus to 
 be paid to 
 mortgagor. 
 
 Lessees aud 
 purchasers 
 not bound 
 to inquire 
 as to de- 
 fault. 
 
 Covenants 
 by mort- 
 gagor, 
 
 the next place retain all subscriptions, fines and other payments 
 then due, and which may thereafter become due in respect of 
 the said advanced shares : And shall pay the surplus (if any) 
 to the mortgagor, his heirs and assigns : And it is hereby 
 DECLARED, that upon any lease or sale, made by the said 
 society under any of the aforesaid powers in that behalf, the 
 lessee or purchaser shall not be bound or concerned to see or 
 inquire whether any of the cases have happened in which such 
 lease or sale is hereinbefore authorised to be made, or other- 
 wise as to the propriety of such lease or sale, or be affected by 
 notice that no such case as aforesaid has happened, or that the 
 lease or sale is otherwise improper : And the mortgagor doth 
 hereby for himself, his heirs, executors, and administrators, 
 covenant with the said society, their successors and assigns, 
 that he will That he the mortgagor, his heirs, executors, administrators, or 
 payments assigns, will from time to time make the several payments and 
 
 and observe ,, » ipi- ,.. - 
 
 the rules; observe and perform the rules for the time beirig m force of 
 the said society in respect of the said advanced shares of the 
 mortgagor which on his or their part ought to be paid, ob- 
 thathewiu seiTed, and performed: And that the mortgagor, his heirs, 
 premises executors, administrators, or assigns, will at all times during 
 repair; the Continuance of this security keep the said hereditaments 
 aud premises in good, substantial, and complete repair and 
 condition : And also that he the mortgagor now hath good 
 right to grant the said hereditaments and premises in manner 
 aforesaid, free from incumbrances : And further, that the 
 mortgagor, his heirs and assigns, and all persons whomsoever 
 claiming any estate or interest in the said hereditaments and 
 premises, will from time to time, at his or their own cost during 
 the continuance of this security, and afterwards at the cost of 
 the person or persons requiring the same, do and execute, or 
 cause to be done and executed, all such other acts and assur- 
 ances, for more effectually assuring the said hereditaments and 
 premises unto the said society, their successors and assigns, in 
 manner aforesaid, as by them shall or may be reasonably re- 
 quired : Provided lastly, that nothing herein contained shall 
 be deemed or construed to prejudice or defeat any of the 
 powers of powers, remedies, or authorities vested in the said society, 
 under rules y^der the rules and regulations thereof, or the aforesaid Act of 
 
 or Aot or r . 
 
 fOTTcrover- Parliament for recovering or enforcing payment of the moneys 
 
 ing moneys, intended to be hereby secured, or to prejudice or defeat any of 
 
 the powers, remedies, or authorities which the said society 
 
 that he has 
 good right 
 to grant ; 
 
 and for 
 further 
 assurance. 
 
 Proviso that 
 this security 
 shall not 
 defeat 
 
 Digitized by Microsoft® 
 
MORTGAGES. 607 
 
 OF FREE- 
 HOLDR 10 A 
 
 would have had if they had heen ordinary mortgagees for re 
 covering or enforcing payment of the moneys intended to be goc^^T?" 
 hereby secured by proceedings at law, or by foreclosing the 
 equity of redemption of the same premises : And it is hereby Power to 
 EXPRESSLY DECLARED that it shall be lawful for the said so- sue'for 
 ciety, to sue for and recover any balance which may remain remaining 
 
 _ - 111 r 1 • 1 • after sale of 
 
 due to them atter any sale by them or the said premises, or any premues. 
 part thereof. 
 In witness, &c. 
 
 No. XXXVIII. 
 
 MORTGAGE of Leaseholds to a Building Society. of lease- 
 holds TO A 
 THIS INDENTURE, made the day of , Between »°'™™ 
 
 A. B. of, &c. (hereinafter called " the mortgagor ") {mortgagor), p^j^.^^ 
 
 of the one part, and the Building Society, incorporated 
 
 pursuant to the " Building Societies Act, 1874 " (hereinafter 
 
 called "the said society"), {mortgagees), of the other part: 
 
 Whereas by an indenture of lease, dated the day of Recite one 
 
 •' •' indenture 
 
 , and made between and , of the one part, and ofieaee, 
 
 the said A. B. of the other part : All that piece or parcel of 
 ground {parcels as in the lease) were demised unto the mort- 
 gagor, his executors, administrators, and assigns, for the term 
 of ninety-nine years, wanting twenty-one days, from Mid- 
 summer day, , at the yearly rent of £ , payable 
 
 quarterly as therein is mentioned, and subject to the covenants 
 therein contained, and on the part of the lessee, his executors, 
 administrators, and assigns, to be observed and performed : And angj^^ 
 whereas by another indenture of lease, bearing even date oneSle™ 
 with the last recited indentui-e, and made between the same 
 persons as are parties tp the last recited indenture, All that 
 other piece or parcel of ground {parcels as in this lease) were 
 demised unto the mortgagor, his executors, administrators, and 
 assigns, for the like term of ninety-nine years, wanting twenty- 
 one days, from Midsummer-day, , at the like yearly rent 
 
 of J payable quarterly as therein is mentioned, and sub- 
 
 iect to the covenants and conditions therein contained, and 
 on the part of the lessee, his executors, administrators, and 
 
 Digitized by Microsoft® 
 
608 MOETGAGES. 
 
 OF LEASE- 
 HOLDS TO A 
 
 assigns, to be observed and performed — advance mortgagor is 
 sociET™ entitled to in respect of his shares, supra, p. 604<) : NOW 
 
 THIS INDENTURE WITNESSETH, that in consideration 
 
 of th^ sum of £ to the mortgagor now paid by the said 
 
 society (the receipt whereof the mortgagor doth hereby acknow- 
 ledge), he the mortgagor doth hereby demise unto the said 
 
 Mortgagor society, their successors and assigns : All AND SINGULAR the 
 
 demises , . 
 
 leasehold pieces or parcels of ground, hereditaments, and premises, com- 
 paioeis prised in and demised by the two hereinbefore recited inden- 
 tures of lease respectively, or expressed so to be : Together 
 WITH the three several messuages or dwelling-houses and the 
 buildings in connection therewith, lately erected and built on 
 the said demised premises : And also the several fixtures and 
 things now or at any time hereafter affixed to or upon the 
 to society Said Several hereditaments and premises : To HAVE AND TO 
 o7terms HOLD the hereditaments and premises hereby demised, or ex- 
 days), pressed so to be, unto the said society, their successors and 
 assigns, henceforth during all the residue of the said two 
 several terms of ninety-nine years, wanting twenty-one days, 
 granted therein by the said indentures of lease respectively 
 (save and except the last three days of the said several terms) : 
 In trast Upon trust to permit the mortgagor, his executors, adminis- 
 ga«or until trators, and assigns, to hold and enioy the said hereditaments 
 
 drfanltin , . ° ' . , i ,. i 
 
 making the and premises, and receive the rents and profits thereof so long 
 as he or they shall duly pay the subscriptions and other sums 
 of money which ought to be paid in respect of the said shares, 
 according to the rules for the time being in force of the said 
 society, and shall in all respects duly observe the said rules, 
 and also the covenants and provisions hereinafter contained 
 which ought on his or their part to be observed and performed : 
 In case of BuT IN CASE he or they shall at any time fail for three calendar 
 society to months to pay the said subscriptions and other sums of money, 
 
 apply rents „!: in ' r -i • t 
 
 inpayment, or any of them, or shall at any time fail in other respects to \ 
 observe and perform the said rules, covenants, and provisions 
 or any of them, then and in any or either of the said cases, 
 the whole of the subscriptions or other payments in respect of 
 the said advanced shares intended to be hereby secured shall 
 immediately thereupon become due and payable (and society 
 may take possession of or let hereditaments — appoint a re- 
 
 and.if neces- ccivcr and scll hereditaments, see supra, p. 605), And it is 
 
 83.ry to 8611 I I • 1 • 
 
 leaseholds HEREBY DECLARED that the said society shall out' of anv rents 
 
 for tliis . ^ ^ ^ -^ 
 
 purpose, or sale moneys received by them as aforesaid, in the first place 
 
 Digitized by Microsoft® 
 
MORTGAGES. 609 
 
 OF LEASE- 
 HOLDS TO A 
 BUILDING 
 SOCIETY. 
 
 pay and retain all costs, charges, and expenses, attending the 
 execution of the trusts hereby declared, or in relation thereto, 
 including a,ny costs, charges, or expenses which may be in- 
 curred in preserving the said hereditaments and premises from 
 forfeiture, by paying the several rents, or performing the 
 several covenants on the lessee's part respectively reserved and 
 contained by and in the said two recited indentures of lease, 
 And in the next place shall retain all subscriptions, fines, and »»,d "PP'y 
 
 ^ . ^^^^ moneys 
 
 other payments which shall then be due, or which may after- ^'^j^^' 
 Avards become due in respect of the said advanced shares, and ^^g'[!',™go'" 
 shall pay the surplus (if any) to the mortgagor, his executors, tfo™'jJnd'" 
 administrators, or assigns (Lessees and purclmsers not bound ^enu'ano. 
 to inquire as to default, suprd, p. 606) : And the mortgagor covenants 
 doth hereby for himself, his heirs, executors, and administra- gagor t" 
 
 .,,.,. , . make imy- 
 
 tors, covenant with the said society, their successors, and ™nts, 
 assigns, that he the mortgagor, his executors, administrators, 
 or assigns, will from time to time make the several payments, 
 and observe and perform the rules for the time being in force 
 of the said society in respect of the said advanced shares of the 
 mortgagor which on his or their part ought to be observed 
 and performed : And also will, during the continuance of this to pay 
 security, pay the several rents, and perform the several cove- 
 nants reserved and contained by and in the said two several 
 recited indentures of lease, and on the lessee's part to be 
 respectively paid and performed : And also that the mort- for right to 
 
 -1 1- 1 •!! !• demise 
 
 gagor now hath good right to demise the said hereditaments 
 and premises unto the said society, their successors and assigns, 
 in manner aforesaid, free from incumbrances : And that the ^°^^°^ 
 mortgagor, and all other persons lawfully or equitably claiming ' 
 any estate or interest in the said hereditaments and premises, 
 or any part thereof, will from time to time, at his or their own 
 cost, during the continuance of this security, and afterwards at 
 the cost of the person or persons requiring the same, do and 
 execute, or cause to be done and executed, all such acts, deeds 
 and things, for further and more perfectly assuring the said 
 hereditaments and premises unto the said society, their suc- 
 cessors and assigns, for all the residue then unexpired of the 
 said several terms hereby granted, and in manner aforesaid, as 
 shall or may be reasonably required. {Proviso that this security 
 shall not defeat power of society under rules or Act or otherwise 
 for recovery of moneys, suprd, p. 606. Power to society to sue 
 for balance after sale of premises, suprd, p. 607.) 
 In witness, &c. 
 VOL. I. Digitized by Microsoft® * ^ 
 
 • assurance. 
 
610 
 
 MORTGAGES. 
 
 TO TB,USTEE3 
 FOB, 
 / TWO MORT- 
 GAGEES. 
 
 No. XXXIX. 
 
 MORTGAGE to TsusTEEs/or Two Persons who advance 
 the Money in Equal Shares. 
 
 Pai'tins. 
 
 Agreement 
 for loan. 
 
 ■Witnessing 
 part. 
 
 Considera- 
 tion, 
 
 day of 
 
 -, Between 
 
 Mortgagor 
 conveys 
 
 parcels 
 
 to trustees 
 for mort- 
 gagees. 
 
 Proviso for 
 redemption, 
 
 THIS INDENTURE, made the - 
 A. B. of, &c. {mortgagor), of the first part, C. D. of, &c. {one 
 mortgagee), of the second part, E. F. of, &c, {other mortgagee), 
 of the third part, and G, H. of, &c., and I. K. of, &c. {trustees), 
 of the fourth part: Whereas the said C. D, and E. F. have 
 agreed to lend to the said A. B. the sum of £1000, id equal 
 shares upon having the repayment of the same, with in- 
 terest, secured to them in the manner hereinafter expressed : 
 NOW- THIS INDENTURE WITNESSETH, that in pur- 
 suance of the said agreement, and in consideration of the sum 
 of £1000 paid to the said A. B. by the said C. D. and E. F. 
 in equal shares, the receipt whereof he the said A. B, doth 
 hereby acknowledge, and from the same and every part thereof 
 doth hereby i-elease the said 0. D. and E. F. respectively, he 
 the said A. B, upon the nomination of the said C. D. and 
 E. F. (testified by their respectively executing these presents), 
 doth hereby grant unto the said G. H. and I. K., their heirs 
 and assigns,' All, &c. {parcels, general luords, and all the 
 estate, dec.) : To have and to hold the hereditaments and 
 premises hereby granted, or expressed so to be, unto and to the 
 use of the said G, H. and I. K., their heirs and assigns : In 
 TRUST for the said C. D. and E, F,, their heirs and assigns, as 
 tenants in common, subject to the proviso for redemption here- 
 inafter contained : Provided always, and it is hereby agreed 
 and declared, that if the said A. B., his heirs, executors, ad- 
 ministrators, or assigns, shall on the day of next, 
 
 pay unto the said 0. D. and E. F., their executors, adminis- 
 trators, or assigns, in equal shares, the sum of £1000, with in- 
 terest thereon at -the rate of £ per cent, per annum, to 
 
 be computed from the date of these presents, then and in such 
 case the said hereditaments and premises shall, at the request 
 and cost of the said A. B., his heirs or assigns, be reconveyed 
 to him or them, or as he or they shall direct : And the SAID 
 A. B, doth hereby for'himself, his heirs, executors, and adminis- 
 trators, covenant with the said 0, D. and E. F., and their 
 
 Digitized by Microsoft® 
 
MORTGAGES. 6 1 1 
 
 executors, administrators, and assigns. That he the said " ^o^'"''" 
 
 A. B., his heirs, executors, or administrators, will, on the '^Zloi'S!' 
 
 day of next, pay to the said C. D. and E. F., their exe- Covenant 
 
 cutors, administrators, or assigns, in equal shares, the sum ot^l^"^ 
 £1000, with interest thereon after the rate and computed as PfL^^a 
 aforesaid, And if the said principal sum, or any part thereof, '"^"''*- 
 
 shall not be paid on the said day of next, then will 
 
 pay to them interest, &c. (supra, p. 516, — absolute covenants 
 for title hy A.B. with G. H. and I. K.) : And it is hereby p„we 
 AGREED AND DECLARED, that it shall be lawful for the said """' 
 G. H. and I. K., or the survivor of them, or the heirs of such 
 survivor, their or his assigns, and they or be are or is hereby 
 required, at any time or times, at the request of the said 
 C. D. and E. F., or either of them, or the executors, adminis- 
 trators, or assigns of them, or either of them, but without any 
 further consent on the part of the said A. B., his heirs or 
 assigns, to sell the hereditaments and premises hereby granted, 
 or expressed so to be, or any part or parts thereof, either 
 together or in lots, and either by public auction or private con- 
 tract, and either with or without special conditions or stipu- 
 lations relative to title or otherwise, with power to buy in at 
 sales by auction, to rescind contracts for sale, and to resell 
 without being answerable for any loss or diminution in price, 
 and with power also to execute assurances, give effectual re- 
 ceipts for the purchase-money, and do all other acts and things 
 for completing the sale which the persons or person selling as 
 aforesaid shall think proper ; And it is hereby agreed and Trusts o( 
 
 1 1 IT i> -iin pw'oliase- 
 
 DECLARED, that the persons or person selhng as aforesaid shall, money. 
 with and out of the moneys to arise from any such sale, in the 
 first place pay and retain the costs and expenses attending the 
 sale, or otherwise incurred in relation to this security, and, in 
 the next place, pay and satisfy the moneys which shall then be 
 due and owing on the security of these presents to the persons 
 entitled thereto, and shall pay the surplus (if any) to the said 
 A. B., his heirs or assigns: Provided always, and it is Power to be 
 hereby agreed and declared, that the power of sale herein- only in case 
 before contained shall not be exercised unless default shall be &c. 
 made in payment of the said principal sum of £1000, or the 
 interest thereof, or some part thereof respectively, on the said 
 
 day of next, and also for the space of six calendar 
 
 months next after a notice requiring such payment shall by or 
 on behalf of the said C. D. and E. F., or one of them, or the 
 
 B R 2 
 
 Digitized by Microsoft® 
 
612 
 
 MORTGAGES. 
 
 TO TRUSTEES 
 FOB 
 TWO MORT- 
 GAGEES. 
 
 Future 
 trustees to 
 liave same 
 powers as 
 trustees 
 hereby ap- 
 pointed. 
 
 Mortgagees 
 to be 
 
 entitled to 
 principal 
 sum, in- 
 terest, and 
 securities, 
 in equal 
 shares, jjari 
 
 executors, administrators, or assigns of them, or one of them, 
 have been given to, or left at the usual or last known place of 
 abode in England or Wales of the said A. B., or one of his 
 executors, or administrators, or left upon or affixed to some 
 part of the premises hereby granted, or expressed so to be, or 
 unless default shall be made in some half-yearly payment of 
 interest, or some part thereof, for the space of three calendar 
 months after the time hereby appointed for such payment 
 {Purchaser not bound to inquire as to default, dc, supra, 
 p. 612) : Provided always, and it is hereby agreed and de- 
 clared, that the hereditaments and premises hereby granted, or 
 expressed so to be, may at any time or times whilst any money 
 remains due upon the security of these presents, be conveyed 
 and assured unto and to the use of any person or persons whom 
 the said C. D. and E. F., or their respective executors, adminis- 
 trators, or assigns may nominate as their trustee or trustees 
 for the purposes of this security, and such trustee or trustees 
 shall and may have and exercise the power of sale, and other 
 the powers herein contained, in like manner as if he or they 
 had been named herein instead of the said G. H. and I. K. : 
 Provided also, and it is hereby lastly agreed and declared, that 
 the said C. D. and E. F., and their respective executors, adminis- 
 trators, and assigns, shall be entitled to the said principal sum 
 of £1000 and the interest thereof, and to all the securities for 
 the same, in equal shares, pari passu, and without preference 
 or priority. 
 In witness, &c. 
 
 Digitized by Microsoft® 
 
MORTGAGES. 613 
 
 No. XL. 
 
 DECLAEATION of Trust of Money secuked on Mort- i>eclaea. 
 
 •^ ■' TION OF 
 
 GAGE, and Contributed hy Different Lenders in ™''™ °^ 
 Unequal Proportions, the Mortgage havinq been ^'T""" 
 
 •7 la OfixG AG El 
 
 taken in the Names of Four Trustees Nominated 
 
 hy the Lenders (a). 
 
 TO ALL TO WHOM THESE PRESENTS shall come, A. B. 
 of, &c., C. D. of, &c., E. F. of, &c„ and G. H. of, &c., send 
 greeting : Whereas by an indenture bearing even date with, "efi*" 
 
 1 , , 1 , p , ° inortgage of 
 
 but executed before these presents, and made between X. Y., T"" ''"*" 
 
 J, P „ ■■• 'for i:5uou. 
 
 ot, &c., of the one part, and the said A. B., 0. D., E. F., and 
 G. H., of the other part, in consideration of the sum of £5000 
 therein expressed to be paid to the said X. Y. by the said A. B., 
 C. D., E. F., and G. H., out of moneys belonging to them on a 
 joint account in equity as well as at law, divers messuages, 
 
 lands, and hereditaments situate in the parish of , in the 
 
 county of , therein more particularly described, with their 
 
 appurtenances, have been conveyed and assured unto and to 
 the use of the said A. B., C. D., E. F., and G. H., their heirs 
 and assigns, by way of mortgage for eecuring the payment by 
 the said X. Y, his heirs, executors, administrators, or assigns, 
 unto the said A. B., C. D., E. F, and G. H., or the survivors 
 or survivor of them, or the executors or administrators of such 
 survivor, their or his assigns, of the sum of ^oOOO, with in- 
 terest for the same after the rate of £, per cent, per 
 
 annum, on the day of next, and in the said inden- 
 ture is contained a covenant by the said X. Y. for the payment 
 of the said principal sum of £5000, and the interest thereof: 
 And whereas the sum of £5000 in the hereinbefore recited THat £5ooo 
 
 was coii- 
 
 iadenture expressed to be paid to the said X. Y. by the said j'-iijuted 
 A. B., C. D., E. F., and G. H. as aforesaid, was in fact money i,';^^™;;^'" 
 contributed by the several persons and in the shares and '''""■'^''■ 
 amounts next hereinafter mentioned (that is to say), the sum of 
 £1000 (part thereof) by I. K. of, &c., the sum of £1500 (other 
 part thereof) by L. M. and N. 0., as the. trustees of an inden- 
 
 (a) The mortgage in this case is supposed to have been in the form of 
 Precedent No. 5. 
 
 Digitized by Microsoft® 
 
G14 MORTGAGES. 
 
 DECLARA- 
 TION OF 
 TRUST ON 
 
 CON- 
 TraiBUTORT 
 MORTGAGE. 
 
 ture of settlement, dated the day of , and made upon 
 
 the marriage of with the sum of £2000 (other part 
 
 thereof) by P. Q. and R. S., the executors and trustees named 
 
 in the will of , dated the day of , and the sum 
 
 of £500 (residue thereof), by T. V., the wife of U. V. of, &c., 
 A^ieoment being monev belonging to her for her separate use: And 
 to execute WHEREAS the Said A. B., 0. D., E. F. and G. H. have agreed at 
 
 cleclaration ' ^ ° 
 
 of trust. the request of the' several persons by whom the said sum of 
 
 £5000 was contributed as aforesaid, to execute such declaration 
 
 Witnessing of trust as is hereinafter contained : NOW THESE PRE- 
 
 1™"^- SENTS WITNESS, that in consideration of the premises, it is 
 
 by tSe™ hereby declared that the said A. B., C. D., E. F., and G. H., 
 
 wiiisfamd their executors, administrators, and assigns, shall stand and be 
 
 Sllooo"^ possessed of and interested in the said sum of £5000 secured 
 
 by the hereinbefore recited indenture, and the interest thereof. 
 
 As to part upon the trusts following (that is to say), -As TO the sum of 
 
 £1000 (part of the said principal sum) and the interest of the 
 
 said sum of £1000, in trust for the said I. K., his executors, 
 
 Astootiier administrators, and assigns. As TO the sum of £1500 (other 
 
 l! M.'ana part of the said principal sum) and the interest of the said sum 
 
 of £1500, in trust for the said L. M. and N. 0., their executors, 
 
 administrators, and assigns, or other the trustees or trustee for 
 
 the time being of the said indenture of settlement of the 
 
 As to otiier day of , As TO the sum of £2000 (other part of the said 
 
 p. Q. ana principal sum) and the interest of the said sum of £2000, in 
 trust for the said P. Q. and R. S., their executors, administra- 
 tors, and assigns, or other the trustees or trustee for the time 
 
 4sMultor ^siiig of tli6 said will of the said , And as to the sum 
 
 he7sqmrate °^ ^^^^ (residuo of the saifl principal sum) and the interest 
 
 ™''- of the said sum of £500, in trust for the said T. V., her 
 
 executors, administrators, and assigns, for her separate 
 
 No priority usc, and SO that the said I. K., L, M. and N. 0.. P. 
 
 between ' tu 
 
 ««stuis(ine and R. S., and T. V. respectively, shall be entitled to their 
 several and respective shares in the said principal sum and 
 interest pari passu, and without preference or priority : 
 
 t"hat trus.°° -^^° ^^ ^^ HEREBY FURTHER DECLARED that the Said A. B., 
 
 ho?d'se''cu. G- ^■' ^- ^- ^^^ ^- S^-' *^eir heirs, executors, administrators, 
 tmstte ^^^ assigns, shall stand and be seised and possessed of and in- 
 iraoXg terested in the hereditaments and premises granted, or ex- 
 sto^es and pressed to be granted, by the hereinbefore recited indenture 
 (subject to the right of redemption subsisting therein), and all 
 other the securities for the said principal sum of £5000, and 
 
 Digitized by Microsoft® 
 
 trust. 
 
 interests. 
 
MORTGAGES. 615 
 
 the interest thereof, in trust for the said I. K. and L. M. and 
 N. 0., P. Q. and R. S., and T. V., and their respective execu- 
 tors, administrators, and assigns, according to their several 
 shares and interests in the said principal sum of £5000 and the 
 interest thereof. 
 In witness, &c. 
 
 DF.CLABA- 
 
 TIOS OF 
 TBU8T ON 
 
 CON- 
 TEIBUTORY 
 MORTOAGB. 
 
 No. XLI. 
 DECLARATION of Trust of Part of a sum of Monet of part 
 
 ** *^ " "^ OF A BVM 
 
 secured on a Contributory Mortgage. ''coN^mBr-'' 
 
 TORY 
 
 THIS INDENTURE, made the day of , Between MOHT,.Ana 
 
 A. B. of, &c., C. D. of, &c., E. F. of, &c., and G. H. of, &c., of the Parties, 
 one part, and I. K. of, &c., of the other part {Recite mortgage to 
 A. B. dc.for ^10,000): And whereas the sum of £2000 (part Kedte^ ^ 
 of the sum of ^10,000 expressed to be paid by the said A. B., »nd that 
 C. D., E. F., and G. H., in and by the said indent\u-e) was the |J°^y J'"- 
 proper money of the said I. K.: NOW THIS INDENTURE «^»^7' 'i™ 
 WITNESSETH, that in consideration of the premises, It is witncs3in- 
 
 HEREBY DECLARED AND AGREED, that the said A. B., O. D., Declarati.m 
 
 E. F., and G. H., their executors, administrators, and assigns, °' '"'"■'*■ 
 shall stand possessed of and interested in the sum of £2000 
 (part of the said principal sum of £10,000 secured by the herein- 
 before recited indenture), and the interest of the sum of £2000, 
 In trust for the said I. K., his executors, administrators, and 
 assigns absolutely, and so that as between the said sum of 
 £2000 and the interest thereof, and the residue of the said sum 
 of £10,000 and the interest thereof, there shall be no preference 
 or priority. 
 In witness, &c. 
 
 Digitized by Microsoft® 
 
616 
 
 MORTGAGES. 
 
 No. XLII. 
 
 UOKTSAGE 
 FOR TERM 
 TO BECURB 
 YOUNGER 
 CHUDREN'a 
 POKTIOSS, 
 
 Death of 
 
 husband 
 
 without 
 
 having 
 
 executed 
 
 power. 
 
 That there 
 
 are four 
 
 younger 
 
 children, 
 
 who have 
 
 attained 
 
 vested 
 
 interests 
 
 in their 
 
 portions. 
 
 Agreement 
 to mortgage 
 to raise 
 same. 
 
 MORTGAGE of Lands undLer the Trusts of a Teem 
 for SECUHiNG younger ' Children's Portions, 
 where neither the PoRTiONiSTS nor the Freeholder 
 CONCUR (a). 
 
 THIS INDENTURE, made, &c., Between A. B., of, &c. 
 and C. D. of, &c. (trustees of term for securing portions), of the 
 one part, and E. E. of, &c. (mortgagee), of the other part : 
 Whereas (Recite settlement whereby certain hereditaments 
 were conveyed to use of husband for life, remainder to uses to 
 secure jointure for wife, remainder to the said A . B. and C. D. 
 for 1000 years, and subject thereto to use of the sons successively 
 in tail, — trusts of term of 1000 years for A. B. and G. D. to 
 raise by mortgage thereof £4000 for younger children's por- 
 tions) : And whereas the said (husband) died on the day 
 
 of without having exercised the power of appointment 
 
 given to him by the said indenture of settlement as aforesaid 
 in respect of the said sum of £4000 : And whereas there are 
 four younger children of the said marriage, and each of them 
 has attained the age of twenty-one years, so that the said sum 
 of £4000 is now payable to and divisible between such younger 
 children equally : And whereas no part of the said sum of 
 £4000 has yet been raised : And whereas the said A. B. and 
 C. D., pursuant to the trust for this piirpose contained in the 
 said recited indenture, have applied to the said E. F. to advance 
 to them the sum of £4000 for the purpose of satisfying the said 
 portions which he the said E. F. has agreed to do upon having the 
 repayment thereof, with interest, secured to him in the manner 
 
 (a) On a mortgage of land under the trusts of a term to raise portions for 
 younger children, it is desirable, as a general rule, to make the portionists 
 parties ; but if the trusts are in the usual form their concurrence is not ab- 
 solutely essential, and therefore where it cannot conveniently be obtained, 
 it may be, and often is, dispensed with. 
 
 Where the tenant of the freehold is sui juris, he generally consents to join 
 in the mortgage, and to covenant either for payment of the principal and 
 interest, or of the interest only, by way of collateral security ; but if he is a 
 minor, or refuses to join, the mortgagee must remain satisfied with the 
 security of the land. 
 
 Digitized by Microsoft® 
 
MORTGAGES. 617 
 
 hereinafter expressed : NOW THIS INDENTURE WIT- ■^"ortgage 
 
 ■-■^■--- -^ FOR TEBM 
 
 NESSETH, that in pursuance of the said agreement, and in ™ seotoe 
 consideration of the sum of £4000 on or before the execution of children's 
 
 PORTIONS. 
 
 these presents, paid by the said E. F. to the said A. B. and C. D. zr—~. — 
 for the purpose aforesaid (the receipt, do.), they the said A. B. p^^. 
 and C. D., in exercise and execution of the trust for this purpose J^ga^ 
 reposed in them by the said indenture, do hereby assign unto ^"''^ 
 the said E. F., his executors, administrators, and assigns, All, 
 &c. (parcels, general words, and all the estate, dc.) : To have tomort- 
 
 , gftgee for 
 
 AND TO HOLD the hereditaments and premises hereby assigned, residue of 
 or expressed so to be, unto the said E. F., his executors, adminis- 
 trators, and assigns, for all the residue now unexpired of the said 
 term of 1000 years, created by the said recited indenture of the 
 day of , subject to the proviso for redemption herein- 
 after contained : Provided always, and it is hereby agreed and Proviso for 
 
 ^ , ° redemption. 
 
 declared, that if the person or persons for the time being entitled 
 to the hereditaments and premises hereby assigned, or expressed 
 so to be, in remainder immediately expectant on the said term 
 
 of 1000 years, shall on the day of next pay unto the 
 
 said E. F., his executors, administrators, or assigns, the sum of 
 
 £4000, with interest for the same after the rate of £ per 
 
 cent, per annum, computed from the date of these presents, then 
 and in such case these presents and the assignment hereby made 
 shall cease, determine, and be void : And each of them the said covenants 
 
 ' ' uy trustees 
 
 A. B. and C. D. so far only as relates to his own acts and deeds, ^|„^'J,j^™,J3 
 doth hereby for himself, his heirs, executors, and administrators, 
 covenant with the said E. F., his executors, administrators, and 
 assigns, that they the said A. B, and C. D. respectively have not 
 at any time heretofore done or executed, or knowingly suffered, 
 or been party or privy to any act, deed, or thing whereby they 
 are prevented from assigning the said hereditaments and pre- 
 mises unto the said E. F., his executors, administrators, and 
 assigns, for the residue of the said term and in manner afore- 
 said, or whereby the said hereditaments and premises, or any 
 part thereof, are, is, or can be in anywise incumbered. 
 In witness, &c. 
 
 Digitized by Microsoft® 
 
618 
 
 MORTGAGES. 
 
 XLIII. 
 
 TO RAISE 
 POETIONS 
 WITH CON- 
 CUERENCE 
 OF TENANT 
 FOR LIFE. 
 
 Parties. 
 
 MORTGAGE by Trustees of a Term for raising Por- 
 tions with the Concurrence of the Portionists, 
 and also of the Tenant for Life, under a re-settle- 
 ment of the estates, who Covenants to keep down 
 the interest. 
 
 day of 
 
 Between 
 
 Beoitals. 
 
 THIS INDENTURE, made the - 
 
 A. B. of, &c., and 0. D. of, &c. (trustees of term), of the first 
 part, E. F. of, &c. (tenant for life), of the second part, G. H. 
 of, &c., I. K. of, &c., and L. M. of, &c. (portionists), of the third 
 part, and N. 0. of, &c. (mortgagee), of the fourth part (Recite 
 settlement on marriage of X. Y. with Z,, whereby estates were 
 limited to use of X. Y. for life, with remainder that Z. should 
 receive a jointure, with usual powers, with remainder to A. B. 
 and CD. for 1000 years, upon trust to raise £10,000 as por- 
 tions for younger children, and also the costs attending the 
 raising of the same, tvith remainder to iise of first and 
 other sons ofX. Y. and Z. in tail male — that there were issue 
 of said marriage, E. F., the eldest son, and G. H., I, K., and 
 L. M., younger children — that E. F. attained twenty-one, and 
 re-settlement of estates, whereby E, F.'s estate tail is cut down 
 to an estate for life, with remainders over : — death of X. Y, — 
 that G. H., I. K., and L. M. attained twenty-one in lifetime of 
 X. Y.) : And whereas the said G. H., I. K., and L. M., having 
 required the said A. B. and C. D. to raise and pay to them the 
 
 sum of £10,000 hy the said indenture of the day of , 
 
 directed to be raised for the portions of younger children as 
 aforesaid, the said A. B. and C. D. have applied to the said N, 0. 
 to advance the said sum of £10,000. for the purpose aforesaid, 
 
 and also the further sum of £ for the purpose of paying the 
 
 costs and expenses of, and incidental to, the raising of the said 
 portions, which the said N. 0. has agreed to do, upon having 
 
 the repayment of the said several sums of £10,000 and £ , 
 
 making together the sum of £ , with interest for the same, 
 
 secured by an assignment, by way of mortgage, of the here- 
 ditaments comprised in the said term of 1000 years, and upon 
 having the interest thereon further secured by the covenant of 
 Witnessing the Said E. F. in the manner hereina,fter expressed : NOW THIS 
 
 Agreement 
 for loan. 
 
 Digitized by Microsoft® 
 
MORTGAGES. 619 
 
 INDENTUEE WITNESSETH, that in pursuance of the said ™^^»^ 
 agi-eement in this behalf, and in consideration of the sum of '^"1^°^: 
 
 £ , on or before the execution of these presents, paid by yoR^uyj'' 
 
 the said N. 0. to the said A. B. and C. D. for the purposes afore- considera- 
 said, with the consent and approbation of the said G. H., I. K., *'''°' 
 and L. M., testified by their respectively being parties to and 
 executing these presents (the receipt, dc), they the said A. B. 
 and C. D., in exercise and execution of the trust for this pui-pose Trustees of 
 reposed in them by the said recited indenture of the day and tenant 
 
 ■"■ "^ "^ for life coa- 
 
 of as aforesaid, do hereby assign, and the said E. F. doth firms to 
 
 mortgagee 
 
 hereby confirm unto the said N. 0., his executors, administrators, for residue 
 and assigns, AiiL, &c. ( parcels, general words, and all the estate, 
 dtc) : To HAVE AND TO HOLD the hereditaments and premises 
 hereby assigned, or expressed so to be, unto the said N. 0., his 
 executors, administrators, and assigns, for all the residue now 
 unexpired of the said term of 1000 years, granted by the said 
 
 indenture of the day of , as hereinbefore is mentioned, 
 
 without impeachment of waste, subject to the annual sum or 
 
 yearly rent-charge of £ , by the same indenture limited to 
 
 the said Z. during her life as aforesaid, and the powers and 
 remedies for enforcing payment thereof, and subject also to the 
 proviso for redemption next hereinafter contained : Provided Prot-iso for 
 ALSO, and it is hereby agreed and declared, that if the said 
 E. F., or his assigns, or other the person or persons for the time 
 being entitled to the hereditaments and premises hereby assigned, 
 or expressed so to be, in remainder immediately expectant on 
 
 the said term, shall on the day of next, pay to the 
 
 said N. O., his executors, administrators, or assigns, the sum of 
 
 £ , with interest for the same after the rate of £ per 
 
 cent, per annum, computed from the date of these presents, 
 then and in such case these presents and the assignment hereby 
 made shall cease, determine, and be void : And the said E. F. covenant 
 
 ' .by tenant 
 
 doth hereby for himself, his heirs, executors, and administrators, ^°y^g'^ 
 covenant with the said N. O., his executors, administrators, and the interest, 
 assigns, that he the said E. F. shall and will during his life pay 
 
 the interest to accrue due on the said principal sum of £ , 
 
 or on so much thereof as shall for the time being remain owing 
 on the security of these presents, by equal half-yearly payments 
 
 on the day of , and the day of in every 
 
 year. {Covenant by A. B. and C. D., that they have done no 
 act to incumber, suprd, p. 617.) 
 In witness, &c. 
 
 Digitized by Microsoft® 
 
620 
 
 MORTGAUES. 
 
 No. XLIV. 
 
 TO EAISE 
 PART OF 
 PORTION 
 UNDER 
 POWER OF 
 ADVANCE- 
 MENT. 
 
 Parties. 
 
 Eeeite set- 
 tlement. 
 
 reath Of 
 
 settlor's 
 
 wife. 
 
 Issue Of 
 marriage. 
 
 That tenant 
 for life is 
 desirous to 
 purchase 
 commission 
 for younger 
 son. 
 
 Agreement 
 to advance 
 money. 
 
 MORTGAGE hy Teustees of a Teum, with the concurrence 
 of the Tenant foe Life, for the purpose of eaising a 
 PART of the Expectant Poetion of a Younger Son, 
 for his Advancement. 
 
 THIS INDENTURE, made the day of Between 
 
 A. B. of, Sec, and 0. D. of, &c. (trustees of the term), of the first 
 part, E. F. of, &c. {tenant for life), of the second part, and G. H. 
 of, &c. (mortgagee), of the third part : Whereas by an inden- 
 ture, &c., the manor and other hereditaments therein particularly 
 described (of which the hereditaments intended to be hereby 
 demised form part) were limited and assured from and after the 
 solemnization of the said then intended marriage. To the use of 
 the said E. F. and his assigns during his life, without impeach- 
 .ment of waste, with remainder (subject to a yearly rent-charge 
 
 limited to the said which has determined by her death) to 
 
 the use of the said A. B. and C. D., their executors, administra- 
 tors, and assigns, for the term of 1000 years, computed from the 
 day of the decease of the said E. F., without impeachment of 
 waste, upon trust that if, &c. (trusts for raising portions for 
 younger children after the decease of E. F., or during his life, 
 with his consent in writing, andpotver to trustees with consent 
 of E. F. to raise a moiety of the expectant portion of any child 
 
 for his advancement) : And whereas the said , the wife of 
 
 the said E. F., died on the • day of , And whereas 
 
 there are issue of the said E. F. by the said , his late wife, 
 
 L. F., their eldest son and three younger sons, and two daughters, 
 all of whom are under the age of twenty-one years : And 
 WHEREAS M. F. is one of such younger sons, and he is now of 
 the age of eighteen years, or thereabouts : And whereas the 
 said E. F. is desirous of purchasing a commission in the army 
 for the said M. F., and hath requested the said A. B. and C. D. 
 to raise, under the trusts of the said term of 1000 years, the sum 
 
 of £ , to be applied to the purchase of such commission, and 
 
 for the outfit of the said M. F., or otherwise for his advance- 
 ment and benefit : And whereas the said G. H. has agreed to 
 advance to the said A. B. and 0. D, the sum of £ for the 
 
 Digitized by Microsoft® 
 
MORTGAGES. 621 
 
 purpose aforesaid, upon having the repayment thereof, with ™ "'"^':' 
 interest, secured to him. in the manner hereafter expressed : ''""'f'™ 
 NOW THIS INDENTURE WITNESSETH, that in pur- ^°}^}^: 
 
 suance of the said agreement, and in consideration of the sum of ^^!j 
 
 £ , on or before the execution of these presents, paid by the J^^"^^'"^ 
 
 said G. H. to the said A. B. and C. D., at the request and by the considem- 
 direction of the said E. F., testified by his being a party to and 
 
 executing these presents, and which sum of £ is intended 
 
 to be applied by the said A, B. and C. D. for the advancement 
 of the said M. F. in manner aforesaid {the receipt, cCc), they the Tmstccs 
 said A. B. and 0. D. do hereby demise unto the said G. H., his 
 executors, administrators, and assigns. All, &c. (parcels, general 
 words) : To have and to hold the hereditaments and premises to mort- 
 hereby demised, or expressed so to be, unto the said G. H., his loooycurs, 
 
 .. '■ , „ ^ .1 n wanting 
 
 executors, admmistrators, and assigns, for the said term of 1000 ten days. 
 years, computed from the day of the decease of the said E. F., 
 and so as aforesaid created by the said recited indenture of the 
 
 day of , except the last ten days of the said term, 
 
 without impeachment of waste, subject to the proviso for re- 
 demption hereinafter contained : AND THIS INDENTURE second 
 
 witnesaine 
 
 ALSO WITNESSETH, that in pursuance of the said agi-ee- part. 
 ment, and for the consideration aforesaid, the said E. F. doth 
 hereby demise unto the said G. H., his executors, administra- 
 tors, and assigns, THE SAID PIECES or parcels of land, and other Tenant for 
 the hereditaments hereinbefore described and expressed to be 
 - demised for the said term of 1000 years, except the last ten 
 days of the said term as aforesaid, with their and every of their 
 rights, members, and appurtenances : To have and to hold *» ';,'^"^^ 
 the hereditaments and premises hereby demised, or expressed *'■' y"""^- 
 so to be, unto the said G. H., his executors, administrators, and 
 assigns, for the term of ninety-nine years, computed from the 
 day of the date of these presents, if the said E. F. shall so long 
 live, without impeachment of waste, subject to the proviso for 
 redemption hereinafter contained : Provided always, and it is Proviso for 
 
 ••■ .... redemption 
 
 hereby agreed and declared, that if the said E. F., or his assigns, 
 or the person or persons for the time being entitled to the here- 
 ditaments and premises hereby demised, or expressed so to be, 
 in remainder expectant on the said term of 1000 years, or the 
 Said A. B. and C. D,, their executors, administrators, or assigns, 
 
 shall, on the day of next, pay to the said G. H, his 
 
 executors, administrators, or assigns, the sum of £ , with 
 
 interest for the same after the rate of £ per cent, per 
 
 Digitized by Microsoft® 
 
622 MORTGAOES. 
 
 TO BAISE 
 
 PART or 
 
 PORTIOK 
 UHI>ER 
 POWER OF 
 ADVANCE- 
 MENT. 
 
 annum, computed from the date of these presents, then and in 
 such case these presents and the several demises hereby made 
 shall cease, determine, and be void (Covenant by E. F. to pay 
 principal and interest, suprd, p. 516) : Provided always, and 
 bytoSaSt it is hereby declared, that as between the said E. F., on the 
 paVprin- one hand, and the hereditaments and premises hereby demised, 
 Sterest* Or expressed so to be, on the other hand, the said E. F., and his 
 Declaration estate and effects, shall be liable during his life to keep down 
 
 aa to order ^ ... , . 
 
 of liability. i]^Q interest on the said principal sum of £ , in exoneration 
 
 of the said hereditaments and premises, and the said heredita- 
 ments shall be charged with, and liable to, the payment of the 
 
 said principal sum of £ , in exoneration of the said E. F. 
 
 and his estate and effects : but this present proviso shall not in 
 anywise affect the said G. H., his executors, administrators, or 
 assigns, or his or their right to resort to his or their several 
 securities in such order and manner as he or they shall think 
 fit. (Covenant by A. B, a/ndC. D. against incumbrances, suprd, 
 p. 617.) 
 In witness, &c. 
 
 No. XLV. 
 
 MOETOAGE MORTGAGE by Assignment of Premises compHsed in a 
 
 B">i'"™ Building Lease to secure the re-payment of Sums 
 
 oNFiNisHED ttdvanccd and to be advanced to the Lessee for the 
 
 HOUSES, •' 
 
 purpose of enabling him to complete Several Houses 
 which a/re unfinished, 
 
 THIS INDENTURE, made the day of , Between 
 
 A. B. of, &c. (mortgagor), of the one part, and C. D. of, &c. 
 
 (mortgagee), of the other part (Recite building lease to A. B) : 
 
 Keoite sum And WHEREAS pursuant to the covenant for this purpose con- 
 
 f ^mra?? tained in the said recited indenture of lease, the said A. B. hath 
 
 bSg. already laid out and expended the sum of £ in erecting 
 
 buildings on the said piece or parcel of ground in the said in- 
 denture comprised : And whereas the said A. B., having occa- 
 sion for the sum of £ for the purpose of enabling him to 
 
 complete the erections and buildings intended to be erected on 
 
 Digitized by Microsoft® 
 
MORTGAGES. 623 
 
 the said piece or parcel of ground pursuant to the aforesaid mortgage 
 covenant as aforesaid, hath applied to and requested the said ^'''^^^^ 
 C. D. to lend him the same, which he the said 0. D. hath ^Tsl'^ 
 agreed to do in two separate sums, that is to say, the sum of occasion 
 
 & immediately before the execution of these presents, and sums.^''''^ 
 
 the sum of £ , being the remainder of the said sum of 
 
 & , when and so soon as all the erections and buildings 
 
 already built, and to be erected and built, pursuant to the 
 aforesaid covenant of the said A. B. as aforesaid shall have 
 
 been covered in, on having the said several sums of £, and 
 
 £ , with interest thereon respectively, secured in manner 
 
 hereinafter expressed: NOW THIS INDENTURE WIT- 
 NESSETH, that in pursuance of the said agreement, and in 
 
 consideration of the sum of £, to the said A. B. paid by the 
 
 said C. D., on or immediately before the execution of these 
 presents {the receipt, dc), and in consideration of the covenant slStlon 
 hereinafter contained on the part of the said C. D., to advance ?h*„™™;i 
 the further sum of £ to the said A. B. on all the said and in con- 
 erections and buildings being covered in as aforesaid, he the of covenant 
 said A, B. doth hereby assign unto the said C. D., his executors, further sum 
 
 . . JO 'on buildings 
 
 administrators, and assigns. All and singulak the piece or Mng 
 
 . . .. oovered in. 
 
 parcel of ground, hereditaments, and premises comprised in and AsBignment 
 demised by the said recited indenture of lease, and also all ° p'™'^"" 
 erections and buildings which have been erected and are now 
 standing on the said premises {and all the estate, dc) : To 
 HAVE AND TO HOLD the hereditaments and premises hereby 
 assigned, or expressed so to be, unto the said 0. D., his to mort- 
 
 !•• 1 ■ (• 111 -1 gagee for 
 
 executors, administrators, and assigns, for all the residue now residue of 
 
 < 1 ■ ■• . . term. 
 
 unexpired of the said term of ninety-nine years created by the 
 said recited indenture of lease, subject nevertheless to the pro- 
 viso for redemption hereinafter contained : Provided always, Pro^so for 
 
 A ' redemxjtion. 
 
 AND IT IS HEREBY AGREED AND DECLARED, that if the said 
 
 A. B., his heirs, executors, administrators, or assigns, shall pay 
 to the said C D., his executors, administrators, or assigns, the 
 principal and interest monies hereinafter covenanted to be paid 
 by him or them at the times when the same respectively shall 
 become payable, then and in such case the said C. D., his 
 executors, administrators, or assigns, shall, upon the request 
 and at the cost of the said A. B., his executors, administra- 
 tors, or assigns, re-assign the said premises hereby assigned, 
 or expressed so to be, unto the said A. B., his executors, ad- 
 ministrators, and assigns, or as he or they shall direct : And 
 
 Digitized by Microsoft® 
 
624 
 
 MORTGAGES. 
 
 MOETGAGE 
 
 BY A 
 
 BtriLDEE 
 
 OP 
 
 UNFINISHED 
 
 HOUSES. 
 
 Covenant 
 by mort- 
 gagor for 
 payment of 
 principal 
 money and 
 interest. 
 
 Covenant 
 by mort-: 
 gagor to 
 complete 
 buildings, 
 
 and that if 
 default is 
 made by 
 him, mort- 
 gagee may 
 Umsh them. 
 
 THE SAID A. B. doth hereby for himself, his heirs, executors, 
 and administrators, covenant with the said C. D., his executors, 
 administrators, and assigns, that the said A. B., his heirs, exe- 
 cutors, administrators, or assigns, will on the said day of 
 
 , 18 — , pay unto the said C. D., his executors, adminis- 
 trators, or assigns, the sum of £ , with interest for the same 
 
 computed from the date of these presents after the rate of 
 
 £ per cent, per annum, and if the said sum of £ shall 
 
 not be paid on the said day of , 18 — , then will pay 
 
 to him or them interest on the said principal sum, or on so 
 much thereof as shall for the time being remain unpaid, after 
 
 the rate aforesaid, by equal half-yearly payments, on the 
 
 day of and the day of in every year, until the 
 
 whole of the said principal sum shall be paid. And also will pay 
 unto the said C. D., his executors, administrators, or assigns, 
 such sum as shall be hereafter advanced by the said C. D,, his 
 executors, administrators, or assigns, unto or on account of the 
 said A. B., together with interest for the same after the rate of 
 
 £ per cent, per annum, to commence and be computed from 
 
 the time of advancing the same, at the expiration of six calendar 
 months next after such sum as aforesaid shall be advanced, and 
 if the last-mentioned sum shall not be paid at the expiration of 
 the said six calendar months, then shall and will pay to the said 
 0. D., his executors, administrators, or assigns, interest for the 
 same, or so much thereof as shall for the time being remain un- 
 paid, after the rate aforesaid, by equal half-yearly payments on 
 the same days as are hereinbefore appointed for payment of the 
 
 interest on the said principal sum of £ {Absolute covenants 
 
 for title by A. B,, and to insure against fire, suprd, p. 539, — 
 covenant by A. B. for payment of the rents, and for the obser- 
 vance of the covenants in the lease, suprd, p. 540) : And the 
 SAID A. B. doth hereby for himself, his heirs, executors, and 
 administrators, covenant with the said 0. D., his executors, 
 administrators, and assigns, that he the said A. B. will, before 
 the — ~ day of - — , fully and completely finish the erections 
 and buildings hereby assigned, or expressed so to be, and all 
 other the erections and buildings which are to be erected and 
 built on the said piece of ground pursuant to the covenant for 
 this purpose entered into by the said A. B. by the said recited 
 indenture of lease as therein mentioned, and that in case default 
 in this respect shall be made by the said A. B., then it shall be 
 lawful for the said C. D., his executors, administrators, or assigns, 
 
 Digitized by Microsoft® 
 
MORTGAGES, 62.3 
 
 MOnTGAGE 
 
 BY A 
 
 BUILDER 
 
 OP 
 
 UNFINISHED 
 
 HOUSES. 
 
 moit- 
 gagec, as 
 well as 
 other 
 
 to enter upon and into the said premises hereby assigned, or 
 expressed so to be, and to complete the same erections and 
 buildings, and any other erections and buildings which ought 
 to be built on the said piece or parcel of ground pursuant to the 
 aforesaid covenant, in such manner as he or they may think 
 proper, and that in -that case the said A. B., his executors, ad- 
 ministrators, or assigns, shall or will on demand pay unto the said 
 C D., his executors, administrators, or assigns, all sums of money 
 which he or they shall expend thereon, with interest thereon 
 after the rate aforesaid from the time or respective times of 
 paying or advancing or expending the same, and that the same Pi«™i8ea in 
 
 r J o o 1 o ' such case 
 
 premises hereby assigned, or expressed so to be, shall then ^^^"^^ j^_, 
 stand charged with, and not be redeemed or redeemable until g°°5ndwi 
 full payment shall be made of, as well the moneys which shall ^y 
 be so expended as aforesaid, together with interest thereon as 
 aforesaid, as also of the several other moneys hereby secured : """^y^- 
 And the said C. D. doth hereby for himself, his heirs, exe- covenant 
 
 . . . ^y mort- 
 
 cutors, and administrators, covenant with the said A. B., his eis^e to 
 
 ' advance 
 
 executors, administrators, and assigns, that he the said C. D., ^■^■jf/i'^f"'" 
 when and so soon as all the erections and buildings already ^^^j'^^j'jf, 
 erected and to be erected pursuant to the covenant for that 
 purpose contained in the said recited indenture of lease shall be 
 covered in, and in case up to that time all and singular the 
 covenants hereinbefore contained on the part of the said A. B. 
 (other than the covenant for payment of the said principal sum 
 
 of £ on the day of next) shall have been duly 
 
 kept and performed, shall and will lend and advance to the said 
 A. B., his executors, administrators, and assigns, the further sum 
 
 of £ , at interest after the rate aforesaid, on the security of 
 
 these presents {Poioer of sale and declaration of trusts of 
 purchase-money, supra, p. 540): Provided always, and it power of 
 
 IS HEREBY AGREED AND DECLARED, that the power of Sal6 pro^vislon 
 hereinbefore contained shall not be exercised unless default there'tl? 
 shall be made in the payment of the moneys for the time being 
 owing on the security of these presents for the space of six 
 calendar months next after a notice in writing requiring such 
 payment shall, by or on behalf of the said C. D., his executors, 
 administrators, or assigns, have been given to or left at the 
 usual or last known place of abode in England or Wales of 
 the said A. B., or one of his executors or administrators, or left 
 upon or affixed to some part of the premises hereby assigned, or 
 expressed so to be, or unless default shall be made in some half- 
 
 VOE. I. ^ ® 
 
 Digitized by Microsoft® 
 
626 
 
 MORTGAGES, 
 
 MORTGAGE 
 
 BY A 
 
 BtJlLDER 
 
 OF 
 
 UNFINISHED 
 
 HOUSES. 
 
 yearly payment of interest, or some part thereof, for the space 
 of three calendar months after the time hereby appointed for 
 such payment, or unless default shall be made in the observance 
 or performance of any of the covenants or conditions contained 
 in the said indenture of lease, and on the part of the lessee, his 
 executors, administrators, or assigns, to be observed and per- 
 formed. {Purchaser not bound to inquire as to default, dc. — 
 power may be exercised by any person entitled to give a discharge 
 for mortgage-money, suprd, p. 541.) 
 In witness, &c. 
 
 No. XLVI. 
 
 BY A 
 
 BUILDER 
 
 OF LAND 
 
 COMPRISED 
 
 IN 
 AGREEMENT. 
 
 Parties, 
 
 Agreement 
 for loan. 
 
 Mortgagee 
 covenants 
 to make 
 advances 
 as each 
 house is 
 covered in 
 and com- 
 pleted. 
 
 MORTGAGE by a Builder of land comprised in an 
 Agreement entitling Jiim to Separate Leases from 
 the Freeholder as the houses are completed, to secure 
 Advances to be made for the purpose of enabling him 
 to complete the houses. 
 
 THIS INDENTURE, made the day of , 18—, Be- 
 tween A, B. of, &c. {mortgagor), of the one part, and C. D, of, 
 &c. {mortgagee), of the other part : Whereas {Recite agreement 
 between freeholder and builder, whereby builder agrees to build 
 houses on a plot of land and freeholder agrees to grant a sepa- 
 rate lease of each house when completed) : And whereas the 
 said C D. has agreed to make advances of money to the said 
 A. B. from time to time in order to enable him to complete 
 the houses and buildings on the said plot of land pursuant to 
 the said recited agreement, upon having the repayment thereof 
 with interest secured in the manner hereinafter expressed : 
 NOW THIS INDENTURE WITNESSETH, as follows:— 
 
 1. The saidC. D., (hereinafter called "the mortgagee,") cove- 
 nants with the said A. B. (hereinafter called "the mortgagor "), 
 that he the mortgagee will advance and lead to the mortgagor 
 such sums of money as are next hereinafter mentioned (that 
 
 is to say) the sum of £ immediately on the execution of 
 
 these presents, and for and in respect of each house built by 
 the mortgagor on the plot of land comprised in the said recited 
 agreement, pursuant to the same agreement the further sum of 
 
 Digitized by Microsoft® 
 
MORTGAGES. 627 
 
 BUILDER 
 
 OF LAND 
 
 COilPRISED 
 
 AGREEMENT. 
 
 £ , one moiety thereof to be advanced and lent as and ^^f^± 
 
 when each such house shall be covered in, and the other moiety 
 thereof as and when the same house shall be completed so as '" 
 
 _ X f AGREE3 
 
 to be fit for habitation : Provided always that the mortgagee ^~^ 
 shall not be bound to make any such advance as aforesaid, ^^oeTewi 
 unless and until his surveyor shall have certified in writing "a*anM" 
 that the bouse in respect of which the advance is to be made TCyor'rfS 
 has been covered in or completed (as the case may be) to the thlSse 
 satisfaction of such surveyor and in conformity with the said p^peH? 
 recited agreement, and the fee of the surveyor for inspecting ' *"" 
 the house and certifying as aforesaid (not exceeding in amount 
 
 £ ) shall be paid by the mortgagor: Provided also thatnorunkss 
 
 the mortgagee shall not be bound to make any such advance as "as'^paid'"^ 
 aforesaid, unless up to the time when such advance ouo-ht to be punctually 
 made under the loregomg covenant the mortgagor shall have '"''■™'' ^is 
 
 COVtllltlllts 
 
 duly paid the interest ou the principal money for the time beino' 
 owing on this security on the half-yearly day hereinafter ap- 
 pelated for payment of such interest, or within fourteen days 
 thereafter, and shall have duly observed all the covenants 
 hereinafter, on the mortgagor's part, contained (other than the 
 covenant contained in Article 2). 
 
 2. In consideration of the advances to be made as aforesaid, Mortgagor 
 the mortgagor hereby covenants with the mortgagee that he the toier.iy" 
 mortgagor will repay to the mortgagee every sum of money "' '!"^ ""<' 
 advanced by him pursuant to Article 1 at the expiration of six """"tiis, 
 calendar months from the time of such advance, with interest 
 thereon computed from the time of such advance, after the 
 
 rate of £ per cent, per annum; and if the same shall ?n'ii«'pay 
 
 not be repaid at the expiration of the said six calendar months '"^'■ 
 
 . yearly, 
 
 will thenceforth pay to the mortgagee interest thereon after the " 
 
 rate aforesaid by equal half-yearly payments on the day 
 
 of , and the day of in every year, until the said 
 
 principal sum shall be fully repaid. 
 
 3. The mortgagor doth hereby assign unto the mortgagee Mortgagor 
 The plot of ground comprised in the said recited agreement, "f S to" 
 and the benefit of the said agreement in relation thereto. To subject to 
 
 _ proviso for 
 
 HOLD the same unto the mortgagee : Provided always that redemption 
 
 _ . on payment 
 
 the mortgagor shall, at his own expense, have a reassignment of "'p™"'!?^! 
 
 o ° ' -"^ ° money and 
 
 the said premises, if he shall pay all moneys advanced to him interest. 
 by the mortgagee with interest thereon at the expiration of 
 six calendar months from the times when the same shall be 
 advanced pursuant to Article 2. 
 
 s s 2 
 
 Digitized by Microsoft® 
 
628 
 
 MORTGAGES. 
 
 BY A 
 BUILDER 
 OP LAiTD 
 COMPRISED 
 
 IN 
 AGREEMENT. 
 
 Covenant by 
 mortgagor 
 to Insure 
 against 
 fli-e, 
 
 and deliver 
 receipts for 
 premiums 
 to mort- 
 gagee. 
 
 Power to 
 mortgagee 
 to insure 
 in case of 
 mortgagor's 
 default, 
 
 and to add 
 expense of 
 so doing 
 to the mort- 
 gage debt. 
 
 Mortgngor 
 covenants 
 to build 
 ai'i'ording to 
 agreement, 
 and to 
 observe 
 agreement. 
 
 Power to 
 moi-tgagee 
 in certain 
 cases to 
 enter and 
 complete 
 buildings, 
 
 4. The mortgagor covenants with the mortgagee that he the 
 mortgagor -will keep insured the buildings for the time being on 
 the said plot of land in a sum equal to two-thirds of the value 
 thereof: And will deliver to the mortgagee the receipt for 
 every premium payable in respect of such insurance within 
 seven days after it shall become due : And if the mortgagor 
 shall fail to keep the said buildings insured as aforesaid, then 
 the mortgagee may insure the same in such sum as he may 
 think fit, and all moneys expended by him in or about such 
 insurance, with interest thereon after the rale aforesaid, com- 
 puted from the time of expending the same, shall be repaid to 
 the mortgagee by the mortgagor on demand, and shall in the 
 meantime be a charge on the said premises in addition to the 
 other moneys hereby secured : And all moneys received in 
 respect of any such insurance shall be applied in rebuilding or 
 reinstating the premises in respect whereof the same shall be 
 received. 
 
 5. The mortgagor further covenants with the mortgagee that 
 
 he the mortgagor will erect and complete the houses by 
 
 the said recited agreement agreed to be built by him on the 
 said plot of ground at the times and in the manner mentioned 
 in that behalf in the said agreement, and will pay the rent made 
 payable by the said agreement, and observe and perform the 
 said agreement in all respects. 
 
 6. If the mortgagor shall make default in the repajrment of 
 any principal money hereby secured for the space of one calendar 
 month after payment thereof shall have been demanded, or 
 shall make default in any half-yearly payment of interest pay- 
 able under these presents, or any part thereof, for the space of one 
 calendar month after the day hereby appointed for such payment, 
 or shall commit any breach of any of the covenants herein on his 
 part contained (other than the covenant contained in Article 2), 
 or shall become bankrupt or die during the continuance of this 
 security, then and in any of such cases the mortgagee may at 
 any time thereafter enter into and upon and take possession 
 of the plot of land hereby assigned, and complete any houses 
 or buildings thereon which may be unfinished in such manner 
 as he may think fit, and add the money expended in so doinCT 
 with interest thereon after the rate aforesaid, computed from 
 the time of expending the same, to the other principal moneys 
 and interest hereby secured, so as to be an additional charge 
 on the said premises and the mortgagee may also seize and 
 
 Digitized by Microsoft® 
 
MORTGAGES. 629 
 
 BT A 
 BUILD -Jtt 
 
 take possession of any tools, materials, and other chattels and 
 things belonging to the mortgagor which shall then be in and .°'' "^ 
 upon the said plot of land, and either use the same in or about .„„ 'X,^ 
 the completion of the said buildings or sell the same : And . — r ■ 
 
 . ^ to SG1Z6 
 
 the mortgagee may also sell the said plot of ground and the materials, 
 houses and buildings thereon, or any part thereof, either together ana to 
 or in lots, and so that every such sale may be either by public 
 auction or private contract, and the mortgagee may buy in at 
 sales by auction and rescind contracts for sale and resell with- 
 out being answerable for any loss arising thereby, and may 
 execute assurances, give valid receipts for the purchase-money, 
 and do all other acts and things which he may think fit for carry- 
 ing into effect and completing any such sale : And the mortgagee 
 shall, with and out of the moneys to arise from any such sale, 
 in the first place pay the costs and expenses incurred in or about 
 such sale or otherwise in relation to this security, and in the 
 next place pay the moneys then owing on this security, and 
 pay the surplus (if any) to the mortgagor. 
 
 7. No purchaser upon any such sale as aforesaid shall be Purchaser 
 bound or concerned to see whether any of the cases have to enquire 
 happened in which such sale is hereby authorised to be made anycaso 
 
 . . , ■ /. 1 antliorisiing 
 
 or otherwise as to the propriety of such sale, or be affected by "^^'o'las 
 notice that no such case has happened or that the sale is other- 
 wise improper. 
 
 8. Any demand for payment of the money hereby secured ii"w 
 may be made by a notice in writing given to the mortgagor "'"v i'" 
 personally or left at his usual or last known place of abode 
 
 or business, or left upon or affixed to any part of the land 
 comprised in the said agreement, or any building thereon, 
 
 9. The mortgagor further covenants with the mortgagee a mortgager 
 that he the mortgagor will, at his own expense, procure from to procure 
 
 the said (the freeholder), a separate lease of each of the freeholder, 
 
 said houses when and so soon as such lease can be required in execute 
 
 1 • T 1 • 1 • 1 T -n mortgages 
 
 accordance with the said recited agreement, and will procure to mort- 
 such lease to be granted either to the mortgasror or to the premises 
 
 ° o o comprised 
 
 mortgagee as the mortgagee may determine, and in case ™ i^^^es 
 such lease shall be granted to the mortgagor then will forth- 
 with make and execute to the mortgagee a valid and effectual 
 mortgage of the premises comprised in such lease, either by 
 way of assignment or underlease, for the purpose of securing 
 the money which shall then be owing to the mortgagee upon 
 this security, or such part of the said money as the mortgagee 
 
 Digitized by Microsoft® 
 
630 MORTGAGES. 
 
 EY A 
 
 BUILDER 
 
 Oil" LAND 
 
 COMPRISED 
 
 IN 
 AGREEMENT. 
 
 may think fit to allocate to the premises comprised in that 
 particular lease, with interest thereon after the rate aforesaid : 
 And every such mortgage shall contain a power of sale and 
 such Other powers and provisions as the mortgagee shall 
 require. 
 of'wS" ^^- '^^^ heirs, executors, and administrators of the mort- 
 "a"or""ana S^S'^^'' ^^^ ^^^ executors, administrators, and assigns of the 
 mortgagee, shall be respectively bound by and entitled to the 
 benefit of these presents, and the covenant and powers herein 
 contained, in like manner as if they had been expressly men- 
 tioned herein throughout after the words " the mortgagor " and 
 " the mortgagee " respectively, except where the context may 
 require a different construction. 
 In witness, &c. 
 
 ' moi-t- 
 
 No. XLVII. 
 BY BoiLDEtt MORTGAGE by a Builder to a Fiem of Solicitors to 
 
 TO "^ ■' 
 
 S OLICITO RS. secure Balance of a Current Account. 
 
 Parties. THIS INDENTURE, made the day of , 18—, Be- 
 tween A. B. of, &c. (hereinafter called "the mortgagor") 
 {mortgagor), of the one part, and C. D. of, &c., and E. F. of, &c. 
 (hereinafter called " the mortgagees ") (mortgagees), of the other 
 
 Recital tiiat part : WHEREAS the mortgagees have from time to time made 
 
 have made advanccs to the mortgagor for the purpose of enabling him to 
 
 advances to ° ° , rr o 
 
 inortgasor, carry on his building operations at , and for other purposes, 
 
 there is a and there has ' been for some time past a current account 
 
 current ^ , 
 
 account between the mortgagor and the mortgagees, in which account 
 them. the mortgagor is debited with moneys from time to time 
 advanced to him as aforesaid, and with interest thereon, and is 
 credited with moneys from time to time received by the mort- 
 gagees for rent or otherwise on his account : And there is now 
 owing from the mortgagor to the mortgagees on the balance of 
 
 Agreement such account Current the sum of £ : AND whereas the 
 
 for seounty. ^jjortgagor has agreed to give to the mortgagees such security 
 for the payment of the moneys now due and hereafter to become 
 Witnessing due, and owing from him as hereinafter is expressed : NOW 
 THIS INDENTURE WITNESSETH, that in pursuance of 
 the said agreement, and in consideration of the premises, the 
 
 Digitized by Microsoft® 
 
 X'art 
 
MOETGAGES. 631 
 
 mortgagor doth hereby for himself, his heirs, executors, and "^ b^'H'Mk 
 administrators, covenant with the mortgagees, their executors ^'"■■"™°«- 
 and administrators, that he the mortgagor will on demand, or ^°^^^'' 
 his heirs, executors, or administrators will within one month *,° r^y ?" 
 
 _ - cleinana 
 
 atter his death, without any such demand, pay to the mortgagees J^^JXt"^ 
 or the survivor of them, or the executors or administrators of™™"'- 
 such survivor, the balance which on the account current of the 
 mortgagor, with them or him, shall for the time being be 
 owing : And it is hereby declaeed, that any demand for now de- 
 payinent of the aforesaid balance may be made to the mortgagor ^^ mide. 
 personally or may be left at his usual or last known residence in 
 England or Wales, or at or upon some or one of the messuages 
 intended to be hereby demised, or some part thereof: And 
 IT IS hereby agreed and declared, that for the purposes How 
 of these presents the account current between the parties hereto to'h'"kept. 
 shall be kept on the footing and in the manner following 
 
 namely ; on the day of , and the day of , in 
 
 every year during the continuance of this security, a half-yearly 
 account shall be stated and settled, and in each half-yearly 
 account the mortgagor shall be debited in the first place as to 
 
 the account to be stated and settled on the day of 
 
 next, with the said balance of £ now owing from him, and 
 
 as to every future half-yearly account with the balance carried 
 over from the preceding account and with interest on such 
 present or future balance after the rate of £5 per cent, per 
 annum : And in the next place the mortgagor shall be debited 
 with all moneys (if any) advanced to him or on his account 
 during the current half-year by the mortgagees or the survivor 
 of them, or the executors or administrators of such survivor, 
 and with interest thereon from the date of each such advance 
 after the like rate of £o per cent, per annum : And the mort- 
 gagor shall be credited in every such a'ccount with all sums of 
 money which, during the current half-year*, shall be received 
 by the mortgagees or the survivor of them, or the executors or 
 administrators of such survivor, from the mortgagor or on his 
 account for rents or otherwise, and with interest thereon after 
 the rate aforesaid, computed from the receipt thereof respec- 
 tively : And the balance which on the account so stated and 
 settled as aforesaid shall appear owing from the mortgagor on 
 the day on which the same shall be so stated and settled, shall 
 be carried over as the first item on the debit side in the account 
 for the next half-year : Provided ALWAYS, that if payment of 
 
 Digitized by Microsoft® 
 
632 MORTGAGES. 
 
 Bv BuiLDEK ^1x6 balauce intended to be hereby secured shall be demanded on 
 
 S0L1CIT0B3. any day not being one of the aforesaid half-yearly days of 
 
 account, then and in such case the account shall be stated and 
 
 settled on the footing and in manner aforesaid up to the day 
 
 on which payment shall be demanded, so as to ascertain the 
 
 ifmort- balance due on that day: Provided also, that if the mort- 
 
 acoount to gagor shall die during the continuance of this security, then and 
 
 be stated . , , ° , „ -, ■, , i t i /■ j_ 
 
 uptQone in such casc the account shall be-stated and settled on the loot- 
 
 month after . p . i . . » , i 
 
 his death, mg and in manner aforesaid up to the expiration of one calendar 
 
 month from the death of the mortgagor, so as to ascertain the 
 
 Balance balance due on that day: Provided also, that if default 
 
 to ueftr '' ' 
 
 iuteiest. shall be made by the mortgagor, his heirs, executors, or ad- 
 ministrators in payment of the balance intended to be hereby 
 secured at the time by these -presents, or by such demand as 
 aforesaid appointed for the payment thereof, then and in such 
 case the balance ascertained as aforesaid shall bear interest 
 after the rate of £5 per cent, per annum until the actual pay- 
 Mortgagees ment thereof: And it is hereby agreed and declared, 
 allowed to that the mortgagees or the survivor of them shall be entitled 
 professional to charge the mortgagor for all professional business done by 
 them or him in relation to this security or to any property 
 forming the subject of this security, or in relation to any other 
 property, matters, or things whatsoever in like manner as if they 
 or he had not been the mortgagees or mortgagee under these 
 presents, but had been employed by the mortgagor to do 
 Charges to such businoss as his solicitors or solicitor: And all moneys 
 to deST which shall from time to time become owing from the mortgagor 
 to hea?in- to the mortgagees,, or the survivor of them, for professional 
 delivery"™ charges as aforesaid, shall be carried to the debit side of the 
 costs. ° account current to be kept as aforesaid, and shall bear interest 
 after the rate aforesaid from the time when the bill of costs 
 Second shall be delivered to the mortgagor: AND THIS INDEN- 
 ^dtaesBing ^^jjg ^j^gQ -WITNESSETH, that in further pursuance of 
 Demise of the Said agreement, and in consideration of the premises, the 
 houses, &o., mortgagor doth hereby demise unto the moi-tsraeees their 
 
 tomortgagee , i ■ • , i i ■ i .-, o o _> 
 
 subject to executors, administrators, and assigns, All the messuao-es, lands, 
 
 and hereditaments situate in the parish of , in the county 
 
 of , comprised in the recited indentures of lease men- 
 tioned in the schedule hereunder written, with their and 
 every of their rights, easements, and appurtenances : To HAVE 
 AND TO HOLD the hereditaments and premises hereby demised 
 or expressed so to be unto the mortgagees, their executors 
 
 Digitized by Microsoft® 
 
MORTGAGES. - 633 
 
 administrators, and assigns, for and during the residue now ""^ builder 
 unexpired of the terms of years granted by the said indentures s°"c"ohs. 
 respectively, except the last day of each of the said terms: 
 Provided always, that if all moneys hereinbefore covenanted 
 and agi-eed to be paid by the mortgagor, shall be duly paid by 
 him, his heirs, executors, or administrators, according to the 
 covenants and provisions hereinbefore contained, then and in 
 such case the said hereditaments and premises shall, at the 
 request and cost of the mortgagor, his executors, administrators, 
 and assigns, be surrendered to him or them {Covenants for 
 title and power of sale). 
 In witness, &c. 
 
 The Schedule referred to in the above-written 
 Indenture. 
 
 XL VIII. 
 APPOINTMENT of Receiver of the Rents of a Mort- appo.nt- 
 
 '^ <- *^ MENT OF 
 
 GAGED Leasehold Estate for lives (a). »eceiveb. 
 
 THIS -INDENTURE, made the day of , Between rarues. 
 
 A. B., of, &c. {mortgagor), of the first part, C. D., of, &c. {mort- 
 gagee), of the second part, and G. H. of, &c. {receiver), of the 
 third part : Whereas {Recite mortgage of even date of renexv- 
 able leaseholds, the rental and particulars of ivhich are con- 
 tained in the schedule hereto) ; And whereas it hath been Agreement 
 agreed between the said parties hereto that for securing themeutof 
 regular payment half-yearly of the interest of the principal 
 moneys secured by the said recited indenture, or so much 
 thereof as shall for the time being remain owing upon the se- 
 curity of the said indenture, a receiver shall be appointed for 
 collecting the rents and profits of the same mortgaged pre- 
 mises, and that the said G. H. shall be the receiver appointed 
 for that purpose: NOW THIS INDENTURE WIT- 
 NESSETH, that in pursuance of the said recited agreement, 
 and in consideration of the premises, the said A. B., with the 
 consent of the said C. D., testified by his executing these pre- ^if^}" 
 sents, doth hereby nominate and appoint the said G. H. to be ™|^"f °' 
 receiver of the rents and profits of all the hereditaments and Jjfents.*'" 
 
 (a) This form may be easily adapted to the case of a mortgage in fee, or 
 any other ordinary species of mortgage. 
 
 Digitized by Microsoft® 
 
634 - MOETGAGES. 
 
 APPOINT- 
 MENT OF 
 RECEIVER, 
 
 premises comprised in the said recited indenture bearing even 
 date herewith as aforesaid, whilst and so long as any money 
 shall remain upon the security of the same indenture, and as 
 well after as before any renewal of the lease of the said here- 
 ditaments and premises : And in case of non-payment thereof, 
 or of any part thereof, to make any distress or distresses, or 
 bring and prosecute any action or actions, suit or suits, at law 
 or in equity, or otherwise howsoever, for the recoveiy thereof : 
 And generally to do and execute any other act, matter or 
 thing, which shall be requisite or necessary for recovering or 
 obtaining payment of such rents and profits as the same shall 
 d"STo respectively grow due : And the said A. B, doth hereby 
 ?eMiv"r*^*° direct and require all and every persons and person who are, 
 or is, or shall or may be, liable to pay any rents or profits for 
 or in respect of the premises comprised in the said recited 
 indenture of even date herewith, to pay such rents and profits 
 unto the said G. H., or the receiver for the time being acting 
 under these presents, upon and for the trusts, intents, and pur- 
 Receipts of poses hereinafter declared concerning the same, and doth 
 
 receiver to---. ^ . , t> t • t ^ 
 
 lie sufficient hereby declare that the receipts of the said G. H., or of such 
 
 discliarges. , * „ , . 
 
 receiver for the time being, shall be sufiicient discharges for 
 such rents and profits, ^Yithont any obligation on the part of 
 the persons paying the same to ascertain or inquire into the 
 necessity or propriety of such receiver acting under these 
 
 ?f"trasfor presents : And it is hebebt agreed and declared, that 
 
 profits""^ the said G. H. shall stand possessed of the rents and profits 
 which shall be received by him as aforesaid upon and for the 
 trusts, intents, and purposes hereinafter declared concerning the 
 
 to pay rent, same, that is to say : Upon trust to pay thereout the rent re- 
 served and made payable by the said indenture of lease, or to 
 be reserved by any new lease of the said leasehold premises, 
 and all costs, charges, and expenses whatsoever attending the 
 performance of the covenants in such respective leases con- 
 
 and taxes, tained : And also to pay or allow out of such rents and profits 
 all taxes and other outgoings which shall be payable by the 
 said A. B. as lessee as aforesaid, his executors, administrators, 
 
 and costs of and assigns, and all costs, charges, and expenses attending the 
 
 collecting n , • • i • • , , . •, S "" 
 
 rents, Collecting, recovering, and receiving the said rents and profits ; 
 
 and also to pay or retain unto or for the use of the said G. H. 
 as a compensation for his care and trouble in collecting and 
 receiving the said rents and profits, so much as -will be equal 
 to sixpence in the pound on the gross amount of the rents and 
 
 Digitized by Microsoft® 
 
MOKTGAGES. 635 
 
 profits which he shall so receive as aforesaid : And after the ^^°""- 
 
 MENT OF 
 
 payments and allowances aforesaid, upon trust to pay to the .«^g''"'''«- 
 said C. D., his executors, administrators, or assigns, the interest pSy*^te°e^t 
 of such principal moneys as shall for the time being remain momy^''^''' 
 due or owing to him or them on the security of the said in- 
 denture, at the times therein appointed for payment of such 
 interest: And after the several payments and allowances "'"i «'™ *» 
 
 -, . . ' *' pay surplus 
 
 atoresaid, upon trust to pay the clear surplus of such rents and ™"Jj„^o^ 
 profits after answering the several trusts or purposes aforesaid 
 unto the said A. B., his heirs, executors, administrators, or 
 assigns : And the said A. B. doth hereby for himself, his covenant 
 heirs, executors, and administrators, covenant with the said gagor, 
 C. p., his executors, administrators, and assigns, that the said 
 A. B., his heirs or assigns, shall not, nor will, whilst any ""' ^ ■''=■ 
 
 , ,, . ° ■' voke power, 
 
 money shall remam on the security of the said indenture of 
 even date herewith, without the previous consent in writing of 
 the said C. D., his executors, administrators, or assigns, revoke 
 the power or authority hereby given to the said G. H., or or obstruct 
 hinder or obstruct him or any future receiver or receivers to °'^°'^' 
 be appointed as hereinafter mentioned, in collecting and re- 
 covering the rents and profits of the said mortgaged premises, 
 or any part thereof : And that in case the said G. H., or the "nd that 
 
 . . anotlier 
 
 receiver for the time being, shall by reason of any disability be J^f'^,"'' 
 rendered incapable to collect and receive the rents and profits ?f'^™'j^' 
 of the premises, or shall refuse or neglect to collect and receive "ec'^ssity. 
 the same upon the trust aforesaid, or the said C. D., his execu- 
 tors, administrators, or assigns, shall for any cause whatsoever 
 be desirous of removing the said G. H. or other the receiver 
 from the said office, whilst any money shall remain due or 
 owing upon the security of the said indenture of even date 
 herewith, then and in any of such cases the said A, B., 
 his heirs, executors, administrators, or assigns, at his or their 
 own costs and charges, shall and will, at the request of the 
 said 0. D., his executors, administrators, or assigns, remove 
 the said G. H. or such receiver for the time being as afore- 
 said from the said employment of receiver, and shall and 
 will forthwith, either upon his death or upon such his re- 
 moval, appoint some other proper person or persons, to be 
 nominated by the said C. D., his executors, administrators, or 
 assigns, to collect, receive, and apply the rents and profits of 
 the premises upon the trusts aforesaid, and so from time to 
 time as often as the case shall happen, whilst any money shall 
 
 Digitized by Microsoft® 
 
636 
 
 MORTGAaES. 
 
 ■APPOINT- 
 MENT OF 
 RECEIVER, 
 
 Power in 
 such case to 
 
 .to appoint 
 receiver if 
 moHgagor 
 refuses. 
 
 Receivers 
 to be sub- 
 stituted to 
 liave powers 
 of original 
 receiver. 
 
 Covenant 
 by reciiver 
 
 to use best 
 endeavours 
 to receive 
 rents and to 
 apply same 
 properly. 
 
 Receiver 
 not to be 
 responsible 
 for insol- 
 vency of 
 tenant, &c. 
 
 remain owing upon the security of the said indenture of even 
 date herewith : And that if the said A. B., his heirs, exe- 
 cutors, administrators, or assigns, owner or owners for the 
 time being of the said mortgaged premises subject to the secu- 
 rity so made thereon as aforesaid, shall refuse or neglect to 
 make such appointment for the space of three calendar months 
 next after the decease, incapacity, neglect, or refusal of the 
 said G. H. or any other receiver to be constituted as aforesaid, 
 or after such desire of removing him as aforesaid, then and in 
 such case, and as often as the same shall happen, it shall be 
 lawful for the said C. D., his executors, administrators, or 
 assigns, if he or they shall think proper, without any further 
 consent on the part of the said A. B., his heirs, executors, 
 administrators, or assigns, or any other person, to appoint 
 some other proper person or persons to collect and receive the 
 said rents and profits, and to stand possessed of the same upon 
 such or the like trusts as are hereinbefore declared of and con- 
 cerning the same : And it is hereby agreed and declared, 
 that all and every such receivers or receiver so to be appointed 
 as aforesaid shall have, or be invested with all such and the 
 like powers and authorities whatsoever, as are hereby given, 
 or intended to be given, to the said G. H. : And the said 
 G. H. doth hereby for himself, his heirs, executors, and ad- 
 ministrators, covenant with the said A. B., his heirs, executors, 
 administrators, and assigns, and also with the said 0. C, his 
 executors, administrators, and assigns : That he the said G. H. 
 shall and will, from time to time, and at all times, whilst he 
 shall continue to act as receiver and collector of the said rents 
 and profits, use his best endeavours to collect and receive such 
 rents and profits pursuant to the trusts and directions aforesaid, 
 and shall and will duly pay and apply the same in manner 
 hereinbefore directed : And it is hereby agreed AND de- 
 clared, that the said G. H., or any future receiver to be 
 appointed as aforesaid, shall not be answerable for any more 
 moneys than what he shall actually receive by virtue of or 
 under these presents, nor for any loss which may happen by 
 the insolvency of any tenant or occupier of the said mortgaged 
 hereditaments, or any part thereof, or for the insufiiciency. of 
 any distress which may be made or taken for any arrears of 
 rent of the said moi-tgaged hereditaments, or any part thereof, 
 nor for any other loss or damage which may happen in rela- 
 tion to such rents and profits, or any of them, or any distress. 
 
 Digitized by Microsoft® 
 
MORTGAGES. 637 
 
 APPOINT- 
 MENT OF 
 RECEIVER. 
 
 action, suit, oi- proceeding, which maj' he made, brought, or 
 carried on for the recovery thereof, so as the same do not 
 happen through the wilful neglect or default of the said re- 
 ceiver : And it is HEBEBY also agreed and declared, Mortgagee 
 that the said C. J)., his executors, administrators, or assigns, resimnsibie 
 shall not bear or sustain, or be chargeable with, or accountable receiver. 
 for, any loss which may happen to the rents and profits of the 
 said mortgaged premises, or any of them, in consequence of the 
 insolvency or misconduct of any tenant or occupier of the same 
 premises, or any part thereof, or of the want or insufficiency of 
 any distress for rent, or otherwise howsoever, nor for any 
 loss which, in consequence of any breach of trust in the said 
 G. H., or any such future receiver as aforesaid, may happen to 
 any moneys that shall have been actually received by him from 
 or in respect of the same rents and profits, which lastly men- 
 tioned loss (if any) shall be wholly borne by the said A. B., 
 his executors, administrators, or assigns : Provided also, These 
 and it is hereby further agreed and declared, that these pre- to incvent 
 sents shall not prevent or be construed to restrain the said f'""' ra"i"a 
 
 •*■ ^ ^ ^ ^ ill iirinciiial 
 
 CD., his executors, administrators, or assigns, from suing for "'"»«>■ »' 
 
 ' ^ o ' ^ o {.j^se of 
 
 and compelling payment of the said sum of £ and interest, aetuuit. 
 
 or any part thereof respectively, or from obtaining possession 
 of the said mortgaged premises, or from selling the same, or 
 foreclosing the equity of redemption thereof, in case the said 
 
 principal sum of £ and the interest thereof, or any part 
 
 thereof respectively, shall not be paid according to the pro- 
 visions for that purpose contained in the said recited inden- 
 ture of mortgage of even date herewith : Provided never- 
 theless, and it is hereby expressly agreed and declared, that 
 the said G. H, or other the receiver or receivers to be ap-Pf^"™'"' 
 pointed as aforesaid, shall not act under or in exercise of 
 the powers or authorities herein contained, or any of them, 
 until a half-year's interest, or some part of a half-yeai-'s interest 
 
 of the said principal sum of £' , or of the part thereof for the 
 
 time being remaining due on the aforesaid security, shall be in 
 
 arrear and unpaid for the space of months after the same 
 
 shall become payable according to the said recited indenture 
 bearing even date herewith as aforesaid. 
 In witness, &c. 
 
 The Schedule referred to in the above-written 
 Indenture. 
 
 Digitized by Microsoft® 
 
 Receiver 
 not to act 
 until de- 
 fault in 
 
638 
 
 MORTGAGES. 
 
 OF LAND, 
 WITH 
 
 >KOVieiON 
 
 AS TO 
 RECEIVER, 
 
 Clause 
 to vaiy 
 statutory 
 power of 
 a jpointing 
 receiver 
 
 XLIX. - 
 
 Mortgage of Land, with a Provision adopting 
 
 with certain Variations the Power to Appoint 
 
 a Receiver, Conferred hy Lord Cranworth's 
 Act (a). 
 
 THIS INDENTURE, made the day of , Between 
 
 A. B. of, &c. (mortgagor), of the one part, and C. D. of, &c. 
 (mortgagee), of the other part (the same as Precedent No. I., 
 or any oj the preceding Precedents of an ordinary nature, 
 adding at the end the following clause) : Provided always, 
 and it is hereby further agreed and declared, that the power to 
 appoint, or obtain tlie appointment of a receiver conferred upon 
 mortgagees by an Act of Parliament made and passed in the 
 twenty-fourth year of the reign of Her present Majesty, in- 
 tituled " An Act to give to Trustees, Mortgagees, and others, 
 certain powers, now commonly inserted in Settlements, Mort- 
 gages, and Wills " (b), shall, for the purposes of these presents, 
 be, and the same is hereby varied in such manner as to be 
 exercisable, not only at the times and 'in the manner specified 
 in the said Act, but also at any time after any interest on the 
 said principal sum hereby secured shall have been in aiTear for 
 one calendar month after the same shall have become due : 
 Provided also, that any one of the following persons (c), viz., 
 X., of, &c., Y., of, &c., and Z., of, &c., may be appointed a re- 
 ceiver under the powers of the said Act as hereby varied for the 
 purposes of these presents. 
 
 (a) See Dissertation on Mortgages, suprA, pp. 506, 507. 
 
 (6) If this Act has been previoTisly referred to, it will be here described 
 as " the said Act made and passed in the 24th year of the reign of Her pre- 
 sent Majesty." 
 
 (c) It will be desirable to insert at least-three names in order to provide 
 against death and incapacity, as, if all die or become incapable, the right to 
 a receiver may fail, or the nomination may vest in the mortgagor, which is 
 undesirable. 
 
 Digitized by Microsoft® 
 
MORTGAGES. 639 
 
 MORTOAOE, 
 WITH 
 
 No. L. 
 
 MORTGAGE in Fee, with Power for the Mortgagor to 
 
 grant Leases for Twenty-one Years, and also powe'iTto 
 Building Leases for Ninety-nine Years. "to^kZI'! 
 
 THIS INDENTURE, made the clay of , Between parties 
 
 A. B. of, &c. (mortgagor), of the one part, and C. D. of, &c. 
 (mortgagee), of the other part (Recite agreement for loan, 
 supra, p. 516) : NOW THIS INDENTURE WITNESSETH, 
 that, &c. (Grant of freeholds by A. B. to C. D. in foe — proviso 
 for redemption — covenants to pay principal and interest — 
 covenants for title — power to sell the said hereditaments and 
 premises, or any part thereof, "subject nevertheless to such 
 lease or leases (if any) as may have been granted of the same, 
 under the power in that behalf hereinafter contained " — decla- 
 ration of trusts of purchase-money — power to be exercised only 
 in case of default, <ic, — purchaser not bound to inquire as to 
 default, dc. — power may be exercised by any person entitled 
 to give discharge for mortgage money, supra, pp. 516, 517, 518) : 
 Provided always, and it is hereby agreed and declared, that pow" *" 
 
 niurtgAifi'r 
 
 it shall be lawful for the said A. B., his heirs or assigns, at any ^iiiie in 
 time or times during the life of the said A. B., or within 
 twenty-one years after his decease, if he or they shall for the 
 time being remain in the possession or in the receipt of the 
 rents and pi'ofits of the hereditaments and promises hereby 
 granted, or expressed so to be, to appoint by deed by way of 
 lease, the said hereditaments and premises, or any part thereof, 
 to any person or persons, for any term of years not exceeding 
 twenty-one years, to take effect in possession, at the best rent tSre^'-one 
 that can reasonably be obtained for the same, without taking ^'"'™' 
 anything in the nature of a fine or premium for the making 
 thereof, and so that there be thereby reserved to the said C. D., 
 his heirs and assigns, a power of re-entry for non-payment of 
 rent, and so also that the lessee execute a counterpart of such 
 lease, and thereby covenant with the said 0. D., his heirs and 
 assio'ns, for the due payment of the said rent, and be not made 
 unimpeachable for waste : [And also to appoint by deed by and to grant 
 way of lease, any parts of the said hereditaments and premises, repairilrg""^ 
 
 Digitized by Microsoft® 
 
640 MOBTGAGES, 
 
 WITH 
 POWER TO 
 MORTGAGOR 
 TO LEASE. 
 
 ""wi^h"^' °^ ^^y P^'^ thereof, to any person or persons who shall be 
 
 willing to erect thereon any house or building, houses or 
 
 buildings, or to rebuild or repair any house or building, houses 
 
 ntoetyStae °^ buildiugs, then standing thereon, or otherwise to improve 
 
 years. ^-j^q property comprised in such lease, for any term of years not 
 
 exceeding ninety-nine years, to take eflfect in possession, but so 
 
 that there be reserved upon every such lease the best rent that 
 
 can reasonably be obtained for the same, without taking any 
 
 thing in the nature of a fine or premium for the making 
 
 thereof, with liberty, however, to reserve a small or nominal 
 
 rent during the first three years of the said term, or during any 
 
 less period, if thought desirable so to do, and so that there be 
 
 thereby reserved to the said C D., his heirs and assigns, a 
 
 power of re-entry for non-payment of rent, and so that the 
 
 lessee do execute a counterpart of such lease, and do thereby 
 
 covenant with the said C D., his heirs and assigns, for the due . 
 
 Lease may payment of the rent (a) 1 : PfiOVlDED ALSO, and it is hereby 
 
 proviso further declared, that in any lease to be granted as aforeSaid, 
 
 directing i . i i 
 
 the payment there may be inserted a proviso that the rent shall be paid to 
 to tiie iiioii> |.j,g ga^i(j ^ B iiis heirs or assigns, until the said C D., his 
 
 gagor until . ' 
 
 notice. heirs or assigns, shall give to the lessee or lessees, or leave at 
 or upon the demised premises a notice in writing requiring him 
 or them to pay the said rent to the said C. D., his heirs or 
 assigns, and also a power.for the said C. D., his heirs and assigns, 
 to enter upon the said premises and distrain for arrears of the 
 said rent so long as the same shall be payable to him or them 
 as aforesaid. 
 In witness, &c. 
 
 (a) If it is not intended to authorise building leases, the words within 
 brackets will be omitted. 
 
 Digitized by Microsoft® 
 
MORTGAGES. 041 
 
 No. LI. 
 
 MORTGAGE of a Large Estate situate in a Mining mor,o,oe 
 DiSTXiicT, with Power far the Mortgagor to grant ''"L^.ng" 
 Leases for Twenty-one Years and also Building ■ *'""'""'• 
 and Repairing Leases for Ninety-nine Years, 
 and Mining Leases for Sixty Years,— Provisions 
 for setting apart a Proportion of the Rents and 
 Royalties payable under the Mining Leases, and In- 
 vesting same in the Names of Trustees to constitute 
 a Sinking Fund in aid of the Principal Security. 
 
 THIS INDENTURE, made the clay of , Between Parties. 
 
 A. B. of, &c. {mortgagor), of the first part, C. D. of, &c. {mort- 
 gagee), of the second part, and E. F. of, &c., and G. H. of, &c. 
 {trustees), of the third part {Recite agreement for loan, supra, 
 p. 516) : NOW THIS INDENTURE WITNESSETH, that 
 &c. {Grant by A. B. to C. D. in fee— proviso for redemption 
 — covenants for payment of principal and interest, and for 
 title, as in Precedent No. I., pp. 516, 517): And it is Power of 
 HEREBY AGREED AND DECLARED, that it shall be lawful for '"'"■ 
 the said C. D., his executors, administrators, or assigns, at any 
 time or times, without any further consent on the part of the 
 said A. B., his heirs or assigns, to sell the hereditaments and 
 premises hereby granted, or expressed so to be, or any part or 
 parts thereof (subject nevertheless to such lease or leases (if 
 any) as may for the time being have been granted of the same, 
 or of the mines thereunder, by virtue of any of the powers in 
 that behalf hereinafter contained), either together or in lots, 
 and either by public auction or private contract, and either with 
 or without special or other conditions or stipulations relative to 
 title or otherwise, with power to buy in the said premises, or 
 any part thereof, at any sale by auction, and to rescind or vary 
 any contract for the sale thereof, and to resell the same without 
 being answerable for any loss or diminution in price, and with 
 power also to execute assurances, give receipts for the purchase- 
 money, and do all other acts and things for completing the 
 sale which he or they may deem proper : And it is hereby- on sales 
 DECLARED, that upon any such sale as aforesaid, the surface of Ln^ ma' 
 
 VOL. I. T T 
 
 Digitized by Microsoft® 
 
642 MORTGAGES. 
 
 MORTGAGE 
 
 WITH AMPLE 
 
 LEA^^IHG 
 
 POWERS. 
 
 any of the lands hereby granted may be sold without the mines 
 
 thereunder, or the mines under any of the said lands may be 
 
 mines there- ®°^*^ without the surface of the same lands, and in either of the • 
 
 be'sow""'^ said cases there may be reserved to the vendor, or granted to 
 
 Bcparatoiy. ^jjg purchaser (as the case may require), such powers, privileges, 
 
 and easements for the purpose of working the mines so reserved 
 
 or granted, as the case may be, for getting and carrying away 
 
 the produce thereof, or otherwise in connection with the mines 
 
 as may be thought desirable or convenient {Tnosts of purchase- 
 
 vioney — power to be exercised only in case of default, <S:c. — 
 
 purchaser 'not bound to inquire as to default, do. — power may 
 
 be exercised by any person entitled to give a discharge for 
 
 mortgage-money — as in Precedent No. I., supra, p. 518, — 
 
 provisions for reducing rate of interest in case of punctual 
 
 payment, and for continuing loan for a term of years — as in 
 
 Declaration Precedent No. IV., supra, p. 523) : Provided always, and 
 
 that mort- i i i i i i • i 
 
 gagor shfUi it is hereby agreed and declared, that it shall be lawful for the 
 
 have follow- . . . . 
 
 ing powers ; said A. B., his heirs or assigns, at any time or times during the 
 life of the said A. B., or within twenty-one years after his 
 decease, if he or they shall for the time being remain in the 
 possession or in the receipt of the rents and profits of the said 
 hereditaments and premises hereby granted, or expressed so to 
 be, to exercise all or any of the several powers, fifstly, secondly, 
 1 and thirdly hereinafter expressed (that is to say) : First, to 
 tea™or° demise or lease any part of the said hereditaments and premises 
 ylaref"™ to ^'^7 porsou or persons for any term of years not exceeding 
 twenty-one years, to take effect in possession at the best yearly 
 rent to be incident to the immediate reversion of the premises, 
 t-hat can be reasonably obtained for the same, without taking 
 anything in. the nature of a fine or premium for the making 
 thereof, and so that there be therein contained a power of re- 
 entry in case of non-payment of the said rent for a period to 
 be therein in that behalf mentioned, not exceeding forty days 
 from the time when the same shall have become due, and so 
 that the lessee do execute a counterpart of such lease, and do 
 thereby covenant for the due payment of the said rent, and be 
 2. not made dispunishable for waste : And secondly, to demise 
 
 Power to -, , , It -, , ■, 
 
 grant build- or Icase any part or parts of the said hereditaments and 
 
 ing and 
 
 repairing premises to any person or persons who shall be willing to take 
 
 ninety-nine the Same for the purpose of effectually repairing any building 
 
 or buildings standing on the land thereby demised, or for the 
 
 purpose of erecting on such land, or any part thereof, any new 
 
 Digitized by Microsoft® 
 
MORTGAGES. 643 
 
 building or buildings, whether for habitation, or for a church, "ortoagf, 
 
 ^ a ' I J WITH AMPLE 
 
 chapel, school, court-house, market, museum, or any other p"^^""'" 
 
 public purpose, or for coal, iron, or other works, or for manu- 
 
 facturing purposes, or for shops, with or without liberty to the 
 lessee to pull down any erections or buildings standing upon 
 such land, or any part thereof, and to sell or make use of the 
 materials for the purpose of such new building or buildings, 
 and also with or without liberty for the lessee to lay out, use, 
 and appropriate, any part or parts of the land demised or leased 
 as aforesaid, as or for yards, gardens, drains, water-courses, 
 ponds, or other conveniences to be held, occupied, or enjoyed 
 with any such building or buildings, and either with or without 
 any rights of way or water-course, or other easements or rights, 
 convenient for the enjoyment of the demised premises, over any 
 other part of the hereditaments and premises hereby assured, 
 or expressed so to be, But so nevertheless that every lease 
 gi'anted under this present power shall be for a term of years 
 not exceeding ninety-nine years, and shall take effect in posses- 
 sion, and so that in every such lease there be reserved the best 
 yearly rent, to be incident to the immediate reversion of the 
 premises, which can be reasonably gotten under the circum- 
 stances of the case, without taking anything in the nature of a 
 fine or premium for the making thereof, reserving, however, 
 in such lease, if it shall be thought desirable so to do, a small 
 or nominal rent during all or any of the first three years of the 
 term thereby created, and so that in every such lease there be 
 contained a power of re-entry in case of the non-payment of the 
 said rent for a period to be therein in that behalf mentioned 
 (not exceeding forty days from the time when the same shall 
 have become due), and so that the lessee do execute a counter- 
 part thereof, and do thereby covenant to pay the said rent, and 
 also to keep all the buildings which shall be covenanted to be 
 so repaired or erected, in substantial repair and condition, and 
 also to insure and keep insured the same buildings against loss 
 or damage by fire, in a sum equal to two-thirds at least of their 
 actual value for the time being, and do enter into any other 
 covenants not repugnant to the provisions hereinbefore ex- 
 pressed which the said A. B., his heirs or assigns, shall think 
 proper and reasonable: And thirdly, to demise or lease to^^^s^^ 
 any person or persons all or any of the mines, quarries, layers, {^'"g^.^^ 
 veins, seams, beds, and strata of coal, ironstone, tin, copper, Powe«^ 
 lead, clay, sand, and limestone, or other stones, minerals, metals, ^^^°^ 
 
 T T 2 
 
 Digitized by Microsoft® 
 
644 MORTGAGES. 
 
 MORTaAOE 
 WITH AMPLE 
 
 and substances found and discovered, or which shall or may at 
 POWEH& ^'^y ^™® ^^ times hereafter, be found or discovered in, under, or 
 upon all or any part or parts of the said hereditaments and 
 premises hereby assured, or expressed so to be, and either with 
 or without any messuages, buildings, lands, or hereditaments 
 convenient to be held or occupied with the same, and also either 
 with or without the surface of any lands in or under which the 
 same or any part thereof respectively shall lie, and also with 
 liberty and power for the lessee to sink, dig, bore, drive, search 
 for, win, work, get, and raise the said mines, quarries, layers, 
 veins, seams, beds, and strata, and for the said purposes from 
 time to time to use and enjoy all such pits, shafts, drifts, 
 grooves, tunnels, sloughs, levels, trenches, sluices, way-gates, 
 water-gates, and other works as are now or shall be existing in, 
 upon, or under any of the hereditaments and premises hereby 
 assured, or expressed so to be, and which shall have been used 
 or employed in working or carrying on any of the said mines, 
 quarries, layers, veins, seams, beds, and strata, and to sink, drive, 
 carry, and make pits, shafts, drifts, grooves, tunnels, sloughs, 
 levels, trenches, sluices, way-gates, water-gates, gutters, and 
 other works in, upon, or under the said hereditaments, and to 
 , erect, build, and construct steam and other engines, furnaces, 
 mills, gins, or machinery, and to use, occupy, maintain, and 
 amend the same respectively, in such manner as shall be neces- 
 sary or expedient, and to use all or any other lawful and 
 reasonable ways and means as well for finding, discovering, 
 winning, working, getting, and raising the said ironstone, coal, 
 tin ore, copper ore, lead ore, clay, sand, limestone, and other 
 stones, minerals, metals, and substances, from and out of the 
 said mines and quarries, as for draining or carrying away water, 
 foul air, stythe or stench from and out of the same, Together 
 with sufficient ground room and heap room for bringing to 
 bank, depositing, laying, placing, converting into coke, calcining, 
 dressing, working, and manufacturing the said iron stone, coal, 
 tin ore, copper ore, lead ore, clay, limestone, and other stones, 
 minerals,, metals, earth, rubbish, and substances. And also with 
 full and sufficient way and passage for the lessee and his 
 agents, servants, and workmen, from time to time during the 
 continuance of the term of years to be granted by such lease, 
 to take, lead, and carry away, with or without horses, carts, 
 waggons, wains and carriages, all the ironstone, coal, tin ore, 
 copper ore, lead ore, clay, sand, limestone, and other stones, 
 
 Digitized by Microsoft® 
 
MORTGAGES. 645 
 
 minerals, metals, earth, rubbish, and substances to be wrought, 
 won, or gotten from or out of the said mines and quarries to be 
 so leased as aforesaid : And also full liberty and power to erect, 
 build, cut, form, construct, set up, lay down, use and occupy, all 
 such houses, hovels, sheds, huts, lodges, wharves, buildings, or 
 erections, engines, furnaces, forges, foundries, coke ovens, canals, 
 roads, railways, tramways, machines, and other machinery con- 
 triva,nces, devices, inventions, or works whatsoever, that shall 
 from time to time be necessary, expedient, or convenient for 
 the standing, laying, and placing of workmen, workhouses, work, 
 and utensils, and for the working and can-ying out of the works 
 of the said mines and quarries respectively, and for taking, 
 leading, carrying away, and disposing of the said ironstone, coal, 
 tin ore, copper ore, lead ore, clay, sand, limestone, and other 
 stones, minerals, metals, earth, rubbish, and substances to be 
 wrought, won, or gotten from, forth, or out of the said mines and 
 quarries. And also to take down, abandon, or remove any of the 
 said houses, hovels, sheds, huts, lodges, wharves, buildings, or 
 erections, engines, furnaces, forges, foundries, coke ovens, roads, 
 railways, tramways, machines, and other machinery contri- 
 vances, devices, and inventions, and to fill up any canals which 
 at the time of making any such lease shall be erected, built, 
 cut, formed, constructed, set up, used, or occupied, or which shall 
 during the term to be thereby granted, be erected, built, cut, 
 formed, constructed, set up, laid down, used or occupied, and 
 which may become necessary for the working of the said mines 
 or quarries, or the application and disposal as aforesaid of the 
 said ores, metals, minerals, stones, and substances, to be raised 
 thereout, and again to erect, build, cut, form, construct, or set 
 up on the same or any other part or parts of the said land, new 
 or other houses, hovels, sheds, huts, lodges, wharves, buildings, 
 erections, engines, furnaces, forges, foundries, coke ovens, canals, 
 roads, tramways, machines, or other machinery contrivances, 
 devices, or inventions whatsoever. And also to dig and get sand, 
 and to dig and get clay, and burn the same into bricks and tiles, 
 and to get stone and other materials for any such buildings, and 
 for making and repairing any such roads or ways as aforesaid, 
 And with or without any other powers or privileges whatsoever, 
 for the more effectually working and gettii;ig tlie said mines 
 and premises, which the said A. B., his heirs or assigns, shall 
 think fit, But so nevertheless that every lease granted under 
 this present power shall be for a term not exceeding sixty years, 
 
 Digitized by Microsoft® 
 
 UORTGAGEE 
 
 WITH AMPLE 
 
 LJjASlNO 
 
 POWERS. 
 
646 
 
 MORTGAGES. 
 
 MOETUAGE 
 
 WITH AMPLE 
 
 LEASING 
 
 POWERS, 
 
 Power to 
 mortgagor 
 to accept 
 surrenders 
 of leases. 
 
 Proviso that 
 rents, &c,, 
 shall be 
 reserved to 
 mortgagee. 
 
 and shall take effect in possession, and so that by every such 
 lease there be reserved such rents, royalties, tolls, or other pay- 
 ments to be incident to the immediate reversion of the premises 
 as can under the circumstances of the case be reasonably had or 
 gotten for the same, without taking any fine or premium, re- 
 serving, however, in any such lease, if it shall be thought 
 desirable so to do, any small or nominal rent during all or any 
 of the first three years of the term thereby created. And so 
 that in every such lease there be contained a power of re- 
 entry in case any rent, royalty, toll, or other payment thereby 
 I'eserved as aforesaid, shall be unpaid for a period to be 
 therein in that behalf mentioned, not exceeding three 
 calendar months after the same shall have become due. And 
 so that the lessee do execute a counterpart of such lease, 
 and do thereby covenant to pay or render the rents, royal- 
 ties, tolls, or other payments to be thereby reserved, and also 
 to work the mines or quarries comprised therein regularly 
 and efficiently, according to the custom of the district, and 
 without unnecessary waste, and do enter into any other cove- 
 nants not repugnant to the provisions hereinbefore expressed, 
 which the said A. B., his heirs or assigns, shall think proper 
 and reasonable : Provided also, and it is hereby declared, that 
 with a view to enable the said A. B., his heirs or assigns, to 
 grant leases under the several powers hereinbefore contained, it 
 shall be lawful for him and them, from time to time, to obtain 
 the surrender or assignment of any lease now existing, or which 
 may be created by virtue of these presents, either as to the 
 whole or any part of the land comprised in the same lease: 
 Provided always, and it is hereby further agreed and declared, 
 that in every lease which may be granted under any of the 
 powers hereinbefore contained, the rents, royalties, tolls, or sums 
 of money to be thereby reserved, and also the power of re-entry, 
 to be therein contained for non-payment of the same respec- 
 tively, and also the covenants to be therein contained on the 
 part of the lessee shall be respectively reserved to and entered 
 into with the said C. D., his heirs and assigns : And for the 
 PURPOSE of enabling the said A. B., his heirs or assigns, to insert 
 in any lease to be granted as aforesaid, the name or names of 
 the person or persons to whom such reservations ought to be 
 made, and with whom the covenants in the lease ought to be 
 entered into as aforesaid, the said 0. D., bis heirs and assigns 
 shall and will furnish and give to the said A, B., his heirs or 
 
 Digitized by Microsoft® 
 
MORTGAGES. 647 
 
 WITH AMPLE 
 LEA,SING 
 POWEHS. 
 
 assigns, at his or their expense, such notice and particulars of ^"th'ampli 
 any conveyance or devolution of or dealing with the legal estate 
 of and in the hereditaments and premises for the time being 
 intended to be leased as aforesaid, as shall be requisite for the 
 aforesaid purpose : Provided always, and it is hereby further But there 
 
 J , , . . may be a 
 
 declared, that in every lease to be granted by virtue of any of gF"^'?." 
 
 ■' a J J directing 
 
 the powers hereinbefore contained, there may be inserted a J'c*^'"}™t,,e' 
 proviso that the rent or rents, royalties, tolls, or other payments ™ntu^n?tice 
 thereby reserved, shall be paid or rendered to the said A. B., his 
 heirs and assigns, until the said C. D., his heirs and assigns, 
 shall give to the lessee, his executors, administrators, or assigns, 
 or leave at or upon the demised premises, a notice in writing 
 requiring the said lessee, his executors, administrators, or 
 assigns, to pay or render the said rent or rents, royalties, tolls, 
 or other payments, to the said 0. D., his heirs or assigns : And J;"teJ^'"' 
 FURTHER, that in every lease to be granted by virtue of any of the moil- 
 the powers hereinbefore contained, there may be inserted a pro- §'iltl-ain'for 
 viso that if at any time previously to the giving or leaving of '^t*""' 
 such notice as last aforesaid, the said rent or rents, royalties, 
 tolls, or other payments, or any part of the same respectively, 
 shall be in arrear and unpaid for a certain time in such lease to 
 be riientioned, after any one or more of the respective days 
 whereon the same ought to be paid as in such lease is provided, 
 then and in such case and so often as the same shall happen, it 
 shall be lawful for the said A. B., his heirs and assigns, into and 
 upon the premises comprised in such lease, to enter and there 
 to distrain for the said rent or rents, royalties, tolls, or other 
 payments so in arrear and unpaid as aforesaid, or any part 
 thereof respectively, and the distress or distresses there and then 
 made, to take, lead, carry away, and impound, and in pound to 
 detain and keep, and in due time to sell and dispose of the 
 same, or otherwise to act in the premises according to the law, 
 to the intent that the said A. B., his heirs and assigns, may be 
 fully paid and satisfied the arrears of the said rent or rents, 
 royalties, tolls, or other payments, and also all costs, charges, and 
 expenses which he or they shall sustain or incur by reason or in 
 consequence of any such non-payment, arrear, distress, or dis- 
 tresses as aforesaid : Provided always, and it is hereby agreed Covenanta 
 and declared, and in particular the said A. B. doth hereby for gaKor to 
 himself, his heirs, executors, and administrators, covenant with counter- 
 
 , . . 1 . parts of 
 
 the said C. D., his heirs, executors, administrators, and assigns, leases to 
 
 that within one calendar month after the execution by the soucitor. 
 Digitized by Microsoft® 
 
648 MORTGAGES. 
 
 MORTGAGE 
 
 ■WITH AMPLE 
 
 LEASING 
 
 POWERS. 
 
 lessee of the counterpart of every or any lease which may be 
 granted under any of the powers in that behalf hereinbefoi-e 
 contained, every such counterpart shall be delivered to the 
 solicitor or solicitors, or other person or persons who shall from 
 time to time be appointed to take charge of the same by the 
 f"eV''on* said C. D., his heirs or assigns, Ajtd that upon the delivery of 
 livei ''°" svery such counterpart of a lease granted under either of the 
 powers firstly and secondly hereinbefore contained, the sum of 
 one guinea shall be paid by the said A. B., his heirs, executors, 
 administrators, or assigns, to the solicitor or solicitors, or other 
 person or persons appointed as aforesaid, as a fee for his or their 
 trouble, in or about the accepting of the said counterparts, and 
 giving such receipt or acknowledgment for the same as next 
 hereinafter is mentioned, and the said solicitor or solicitors, or 
 other person or persons to whom such counterpart shall be 
 delivered as aforesaid, shall upon the request of the person or 
 persons delivering the same, and paying the said fee of one 
 guinea as aforesaid, give to him or them a receipt or acknow- 
 ledgment in writing of such delivery, which' receipt or acknow- 
 ledgment shall be sufficient evidence of the due delivery of 
 every or any counterpart therein expressed to have been so 
 delivered, but the absence of such receipt or acknowledgment 
 shall not prevent the proof of suchi delivery in any other 
 Ss to manner, And also that no lease under the power of leasing 
 onbeSof thirdly hereinbefore contained, shall be granted unless the same 
 mortgagee, gi^all have been first perused and approved of by the said C. D., 
 his heirs or assigns, or his or their solicitor or solicitors, and 
 that the costs and expenses of, and incident to such perusal and 
 approval, shall be paid by the said A. B., his heirs, executors, 
 and administrators, as between solicitor and client : PfiOVlDED 
 always, and it is hereby agreed and declared, that any lessee 
 taking a lease purporting to be made in exercise of the power 
 thirdly hereinbefore contained, shall not be bound or concerned 
 to see or inquire whether the said lease has been perused and 
 approved of as last aforesaid, but every such lease shall, so far 
 as regards the lessee, be good and effectual, notwithstanding 
 that the same may not have been so perused or approved as 
 covenmt aforesaid : And the said A. B. doth hereby for himself, his 
 ^°lnl heirs, executors, administrators, and assigns, covenant with the 
 S, "Ic, ^^^^ ^- ^■' ^^^ ^^^^^' executors, administrators, and assigns, and 
 un mi^ilig ^^^° ^y ^^y °^ separate covenant with the said E. F. and G. H., 
 That whilst and so long as the rent or rents, royalties, tolls' 
 
 on mining 
 leases to 
 trustees, 
 
 Digitized by Microsoft© 
 
MORTGAGES. 649 
 
 MORTOAOE 
 
 WITH AMPLE 
 
 LEASING 
 
 POWERS. 
 
 and other payments reserved and made payable by any lease 
 which shall have been granted under the said power of leasing 
 thirdly hereinbefore contained shall be received by the said 
 A. B., his heirs or assigns, he the said A. B., his heirs or assigns, 
 shall and will, immediately upon every receipt of the same rent 
 or rents, royalties, tolls, or other payments respectively, pay one 
 full third part thereof to the said E. F. and G. H., or the survivor 
 of them, or the executors or administrators of such sui-vivor, or 
 other the trustees] or trustee who may for the time being have 
 been appointed for this purpose, under the power in that behalf 
 hereinafter contained, upon the trusts hereinafter declared con- 
 cerning the same : And in order to enable the said trustees and to make 
 or trustee for the time being to ascertain from time to time the stotemenr 
 amount payable to them or him under the covenant last herein- counts of 
 before contained, he the said A. B., his heirs or assigns, will at 
 all times make and deliver, or cause to be made and delivered 
 to them or him, true and correct statements and accounts of the 
 rents, royalties, tolls, and other payments which shall from time 
 to time become payable under the reservation of every or any 
 such lease as aforesaid : And it is hereby agreed and de- Trustees to 
 GLARED, that the said E. F. and G. H., their executors, adminis- Lssea o?'' 
 trators, and assigns, or other the said trustees or trustee for the paiS't^' 
 time being as aforesaid, shall stand possessed of all the sums of respect of 
 money which shall become payable to them or him under the 
 covenant in that behalf hereinbefore contained, upon the trusts 
 following (that is to say), Upon trust that they the said trustees upon trust 
 and the survivor of them, and the executors or administrators MpenS"^ 
 of such survivor, shall in the first place out of the said moneys Miirana 
 pay all the costs and expenses incuiTed by them or him, or by at'c™'**' 
 the said C. D., his heirs, executors, administrators, and assigns, tereB^'"' 
 in or about the obtaining payment and receiving of the said 
 moneys, or otherwise in relation to the premises, and shall from 
 time to time, so long as any money shall remain due upon the 
 security intended to be hereby made, invest the residue of the 
 said trust moneys in the names or name of the said trustees or 
 trustee in or upon any of the public stocks or funds, or govern- 
 ment securities of the United Kingdom, or any stock or security 
 of the government of India, or in the stock of the Bank of 
 England, commonly called Bank Stock, or upon mortgage of 
 hereditaments in England or Wales (but not elsewhere), being 
 freehold or copyhold of inheritance, or leasehold for a term 
 whereof at least sixty years shall be unexpired at the time of 
 
 Digitized by Microsoft® 
 
650 MORTGAGES. 
 
 MOKTOAGE 
 
 WITH AMPLE 
 
 LEASING 
 
 P0WKR3. 
 
 the investment (with liberty in the case of leasehold investments 
 to waive the production of the lessor's title), or in or upon the 
 stocks, shares, or securities of any railway or other company in 
 Great Britain or India incorporated by Act of Parliament or 
 Royal Charter, with power from time to time to vary the said 
 investmepts into or for others of the same or a like nature, but 
 so that every such variation of investment be made with the 
 consent of the said A. B., his executors, administrators, or 
 assigns, and shall from time to time receive the annual income 
 of th'e said trust fund, and invest the same in or upon such 
 stocks, funds, shares, or securities as aforesaid, with a like power 
 of varying the same, and shall from time to time repeat such 
 investment, so that all the resulting income thereof might 
 accumulate at compound interest so long as any money should 
 and if remain due as aforesaid : And upon trust that in case default 
 nfadein' shall be made in payment of any principal money or interest 
 of principal hereby secured, at the respective times when the same respec- 
 then a"' ' tivoly ought to be paid according to the true intent and meaning 
 moi-tgagee of those presents, then and in such case the said trustees or 
 trust fund trustoe shall upon the request of the said C. D., his executors, 
 satisfaction administrators, or assigns (but not otherwise), call in or sell and 
 dispose of all or any part of the said trust moneys, or the stocks, 
 funds, shares, or securities, in or upon which the same shall for 
 the time being be invested, and shall pay and apply the moneys 
 arising therefrom, and also the dividends or income (if any) 
 which may then be due in respect thereof, or may have been 
 received but not yet invested, in the first place in payment of 
 the costs and expenses attending such calling in, sale, or dis- 
 position, or otherwise incuiTed in relation to the premises, and 
 in the next place in or towards satisfaction and discharge of the 
 principal sum and interest then due and owing upon the 
 and subject security of these presents : And it is hereby agreed and 
 trust for DECLARED, that Subject to the trusts aforesaid, the said trustees 
 mo gngor. ^^ tl.^^gtee for the time being shall stand possessed of the trust 
 fund to be so formed as aforesaid, and the stocks, funds, shares, 
 and securities for the time being representing the same, in trust 
 for the said A. B., his executors, administrators, and assigns : 
 Power to Provided always, and it is hereby agreed and declared, that 
 Sees."'''^ if the said E. F., or any trustee appointed in his place as herein- 
 after provided, shall die, or go to reside abroad, or desire to be 
 discharged, or refuse or become incapable to act in the trusts 
 aforesaid, before the same shall be fully satisfied, then and in 
 
 Digitized by Microsoft® 
 
MOKTGAGES. 651 
 
 every such case it shall be lawful for the said A. B., his heirs or ^"^™*p^E 
 assigns, to appoint a new trustee in the place of the trustee so po^™° 
 dying, or going to reside abroad, or desiring to be discharged, ' 
 
 or refusing or becoming incapable to act as aforesaid, and that 
 if the said G. H., or any trustee appointed in his place as herein- 
 after provided, shall die, or go to reside abroad, or desire to be 
 discharged, or refuse or become incapable to act in the trusts 
 aforesaid, before the same shall be fully satisfied, then and in 
 every such case it shall be lawful for the said C. D., his exe- 
 cutors, administrators, or assigns, to appoint a new trustee in the 
 place of the trustee so dying, or going to reside abroad, or de- 
 siring to be discharged, or refusing or becoming incapable to act 
 as last aforesaid : And that upon every such appointment of a 
 new trustee or new trustees as aforesaid, the trust fund herein- 
 before directed to be formed shall be so transferred that the 
 same may be vested in the surviving or continuing trustee or 
 trustees jointly with such new trustee or trustees, or in such new 
 trustee or trustees solely, as the case may require : And that 
 every trustee so appointed as afoi'esaid may, either before or 
 after the said trust fund shall have been so vested as aforesaid, 
 act or assist in the execution of the trusts and powers hereinbe- 
 fore declared concerning the same, as fully and effectually to all 
 intents and purposes as if he had been liereby constituted a 
 trustee : And it is hereby declared, that the said E. F. and TrustccB to 
 
 _ , , T •, 1 n ^entitled 
 
 G. H., and every future trustee who maybe a solicitor, shall to charge 
 be entitled to be paid for all professional business done by them sionai bnsi- 
 respectively in relation to the said trust funds and premises, in 
 the same manner as if they respectively had not been trustees 
 hereof. 
 In witness, &c. 
 
 Digitized by Microsoft® 
 
652 
 
 MORTGAGES. 
 
 OF FREE- 
 HOLDS, AS 
 COLLATERAL 
 SECURITV. 
 
 No. LII. 
 
 CONVEYANCE of Freehold Lands by way of Col- 
 lateral Security (a). 
 
 Parties. 
 
 Hecite 
 principal 
 mortgage 
 deed, &c. 
 
 Agreement 
 for further 
 security. 
 
 ■Witnessing 
 part. 
 
 THIS INDENTURE, made the 
 
 day of 
 
 -, Between 
 
 A. B. of, &c. (mortgagor), of the one part, and C. D. of, &c. 
 (mortgagee), of the other part : Whereas by an indenture 
 bearing even date with^ and made between the same persons as 
 are made parties to these presents, in consideration of the sum 
 of £5000 paid by the said C. D. to the said A. B., the said A. B. 
 
 has gcanted certain hereditaments situate in the parish of 
 
 in the county of , therein particularly described, with their 
 
 appurtenances, unto and to the use of the said C. D., his heirs and 
 assigns, subject to a proviso therein contained for redemption of 
 the said premises, upon payment by the said A. B., his heirs, 
 executors, administrators, or assigns, unto the said 0. D., his 
 executors, administrators, or assigns, of the sum of £5000, with 
 interest for the same after the rate of £5 per cent, per annum, on 
 
 the day of next ; and in the said indenture is contained 
 
 a covenant by the said A. B. for payment of the said principal 
 
 sum and interest on the said day of next, and in case the 
 
 said principal sum shall not be paid on that day, then for payment 
 of interest on the same sum after the rate aforesaid by equal half- 
 yearly payments on the day of and the day 
 
 of in every year until the said principal sum shall be 
 
 fully paid : And whereas upon the treaty for the said loan of 
 £5000, it was agreed that the repayment thereof, with interest, 
 should be secured as well by the said recited indenture of mort- 
 gage as by a mortgage of the hereditaments hereinafter 
 described in the manner hereinafter expressed : NOW THIS 
 INDENTURE WITNESSETH, that in pursuance of the said 
 agreement in this behalf, and in consideration of the sum of 
 £5000 so paid by the said C. D. to the said A. B. as aforesaid 
 
 (a) It is sometimes desirable to keep the titles to two estates to be in- 
 cluded in the saine security distinct by having two separate deeds. The 
 above Precedent is adajited to such a case. The ad valorem stamp will be 
 imposed on the principal mortgage deed ; and this deed of collateral 
 security will xecimre only a stamp of 6d. for every £\QQ pf the ^£5000 
 secured, 
 
 Digitized by Microsoft® 
 
MORTGAGES. 653 
 
 (the receipt whereof the said A. B. doth hereby acknowledge), °^ ™'=^- 
 the said A. B. doth hereby grant, &c. (Grant of parcels to ™ec™-JV*'' 
 mortgagee in fee, suprd, p. 516). Provided always, and it ^7"~ 
 is hereby agreed and declared, that if the said A. B., his heirs, ™"^*'^J° 
 
 executors, administrators, or assigns, shall, on the day of '" '®°- 
 
 next, pay to the said C. D., his executors, administrators, re'a™ptio'n 
 
 or assigns, the said sum of £5000 with interest for the same 
 after the rate aforesaid, computed from the date of these presents, 
 then and in such case the said 0. D., his heirs or assigns, shall, 
 upon the request and at the cost of the said A. B., his heirs or 
 assigns, re-convey the hereditaments and premises hereby 
 granted, or expressed so to be, unto and to the use of the said 
 A. B., his heirs or assigns : (Covenants for title and power of 
 sale and subsidiary clauses, supra, pp. 517, 518). 
 Ijf WITNESS, &c. 
 
 No. LIII. 
 
 CONVEYANCE of Fkeehold Lands by way of Addi- or free- 
 TiONAL Security — by Indorsement on the Prin- addi™n^l 
 ciPAL Mortgage Deed (a). BrmSJ^E. 
 
 MENT. 
 
 THIS INDENTURE, made the day of , Between Parties. 
 
 the within-named A. B. (mortgagor), of the one part, and the 
 within-named C. D. (mortgagee), of the other part : Whereas Recite tiiat 
 the within-mentioned sum of £5000 remains due and owing Sone^e- 
 
 -...,.• •■• . mains duo. 
 
 on the security of the withm-written indenture : And whereas Agreement 
 the said A. B. has agreed to convey the hereditaments herein- sec^t'y." 
 after described unto the said C. D., his heirs and assigns, by 
 way of further security for the said principal sum and the 
 interest for the same in the manner hereinafter expressed : 
 NOW THIS INDENTURE WITNESSETH, that in pur- witnessing 
 suance of the said agreement, and in consideration of the sum of ^* 
 £5000 so remaining owing as aforesaid, the said A. B. doth Mortgagor 
 
 • 1 •i/^TNi-i- 1 • 1 conveys 
 
 hereby grant unto the said U. D., his neirs and assigns. All, further 
 &c. (parcels, general tvords, and all the estate, &c.) : To have 
 
 (a) In this case the principal mortgage is supposed to have been made 
 by a deed dated some time previously to the date of the additional 
 security. 
 
 Digitized by Microsoft® 
 
654 
 
 MOETGAGES. 
 
 holdTS ^^^ "^^ HOLD the hereditaments and premises hereby granted, 
 ■^sEcuKWY^ or expressed so to be, unto and to the use of the said C. D,, 
 ^^ STt"^"^" ^is ^^""s ^^^ assigns, subject to such right or equity of redemp- 
 tion as the hereditaments comprised in the within-written 
 
 to mort- 
 gasee, 
 
 subject to indenture are now subject or liable to under the same inden- 
 redanption. ^^^^, and SO that the power of sale, and all other the powers 
 and provisions contained in the within-wrifcten indenture shall 
 extend and be applicable to the hereditaments and premises 
 hereby granted, or expressed so to be, in the same manner as if 
 corresponding powers and provisions were expressly inserted in 
 these presents. (Covenants hy A. B.for title, supra, p. 517.) 
 In witness, &c. 
 
 No. LIV. 
 
 POLICY, AS 
 
 ADDITIONAL 
 
 SECURITY. 
 
 ASSIGNMENT of a Policy of Assueance by ivay of 
 Additional Security. 
 
 Parties. THIS INDENTURE, made the 
 
 day of 
 
 Between 
 
 Recite 
 mortgage 
 of policies, 
 
 Tliat money 
 
 remains 
 
 due. 
 
 That mort- 
 gagor has 
 effected a 
 further 
 policy. 
 
 Agreement 
 by mort- 
 gagor to 
 assign 
 further 
 policy. 
 
 Witnessing 
 part. 
 
 A. B. of, &c. (mortgagoi-), of the one part, and C. D. of, &c, 
 (mortgagee), of the other part : Whereas by an indenture 
 dated, &c., and made, &c., certain policies of assurance effected 
 on the life of the said A. B. were assigned by the said A. B. 
 unto the said 0. D., his executors, administrators, and assigns, 
 by way of mortgage, for securing the payment by the said A. B.,\ 
 his heirs, executors, administrators, or assigns, unto the said 
 C. D., his executors, administrators, or assigns, of the sum of 
 ;£3000, with interest thereon after the rate of £5 per cent, per 
 annum : And whereas the said sum of £3000 is still owing 
 on the security of the said recited indenture: And whereas by a 
 
 policy of assurance, dated, &c., and numbered , the said A. B. 
 
 has effected an assurance in his own name, on his own life, with 
 
 the Society, in the sum of £ , and under the annual 
 
 premium of £ : And whereas the said A. B. has agreed 
 
 to assign the said recited policy of assurance unto the said C. D., 
 his executors, administrators, and assigns, by way of further 
 security as hereinafter expressed : NOW THIS INDENTURE 
 WITNESSETH, that in pursuance of the aforesaid agreement, 
 and in consideration of the sum of aGSOOO so remaining owing 
 
 Digitized by Microsoft® 
 
MORTGAGES. 655 
 
 on the security of the said recited indenture of mortgage as l^^misfi. 
 aforesaid, he the said A. B. doth hereby assign unto the said °'^""'"- 
 C. D., his executors, administrators, and assigns, All that the ^"5^""°'' 
 hereinbefore recited policy of assurance, and all moneys assured poucy' 
 by or to become payable under the same, and the full benefit 
 thereof (And all the right, &c., supra, p. 572) : To have and '"j^""*- 
 TO HOLD the policy, moneys, and premises hereby assigned, 
 or expressed so to be, unto the said 0. D., his executors, ad- 
 ministrators, and assigns, subject to the proviso for redemption 
 hereinafter contained : Provided always, that if the said f(,touj"tfOT. 
 A. B., his heirs, executors, administrators, or assigns, shall on 
 
 the day of next, pay to tlie said C. D., his executors, 
 
 administrators, or assigns, the said sum of £3000, so owing on 
 the security of the said recited indenture of mortgage as afore- 
 said, and all interest which shall be then due on account of the 
 same sum, then the said 0. D., his executors, administrators, or 
 assigns, shall, upon the request and at the cost of the said A. B., 
 his executors, administrators, or assigns, re-assign the said policy, 
 moneys, and premises hereby assigned, or expressed so to be, 
 unto the said A. B., his executors, administrators, or assigns 
 {Receipt of mortgagee for policy moneys to he good discharge, 
 suprd, p. 572) : And the said A. B. doth hereby, for himself, ^^^""^^^ 
 his heirs, executors, and administrators, covenant with the said ***^JJ,t^'° 
 C. D., his executors, administrators, and assigns. That all ^^^'-glU*^ 
 and singular the covenants, trusts, power of sale, and other ^^^^ 
 powers and provisions contained in the said recited indenture to'Sis"'*""'^ 
 
 of mortgage of the day of , shall relate, extend, and p""'''^- 
 
 be made applicable to the policy, moneys, and premises hereby 
 assigned, or expressed so to be, as if corresponding covenants, 
 trusts, powers, and provisions had been expressly inserted in 
 these presents : And that in the event of any moneys being 
 paid by the said 0. D., his executors, administrators, or assigns, 
 in discharge of any premiums or otherwise, on account of the 
 said policy hereby assigned, or expressed so to be, or on account 
 of any further or renewed policy in the place of the policy 
 hereby assigned, or expressed so to be, by reason of the default 
 of the said A. B. to pay such moneys, then the said policies and 
 premises comprised in the said recited indenture of mortgage, 
 and any further or renewed policy or policies in the place of the 
 same policies, or any of them, shall, as well as the policy hereby 
 assigned, or expressed so to be, and any such further or renewed 
 policy in the place thereof as aforesaid, be charged with all such 
 
 Digitized by Microsoft® 
 
656 
 
 MORTGAGES. 
 
 POLICY, A3 
 
 ADDITIONAL 
 
 SECDHITY. 
 
 moneys as shall be so paid by the said C. D., his executors, ad- 
 ministrators, or assigns^ and witb the interest thereof. {Cove- 
 nants hy A, B,for title, supra, p. 573). 
 In witness, &c. 
 
 RAILWAY 
 SHARES. 
 
 Recite 
 transfer of 
 railway 
 shares by 
 mortgagor 
 to moi-t- 
 gagee. 
 
 Witnessing 
 part. 
 
 Declaration 
 
 that mort- 
 gagee shall 
 hold shares 
 as a secu- 
 rii^for 
 principal 
 and in- 
 terest. 
 
 No. LV. 
 
 MOETGAGE of Shares in a Railway Company icith 
 Power of Sale. 
 
 THIS INDENTURE, made the day of , Betv.'EEN 
 
 A. B. of, &c. {mortgagor), of the one part, and C. D. of, &c. 
 {mortgagee), of the other part {Recite agreement for loan, 
 supra, p. 516) : And whereas, with a view to the said in- 
 tended security, the said A. B. has by a deed {a) bearing even 
 date with these presents, transferred unto the said C. D., his 
 executors, administrators, and assigns, twenty shares of £50 
 
 each, in the capital of the Railway Compapy, which shares 
 
 are numbered respectively {state the Nos. of the shares) : 
 NOW THIS INDENTURE WITNESSETH, that in pur- 
 suance of the said agreement, and in consideration, &c. {the 
 receipt, dc.) : It is hereby agreed and declaeed, that if 
 the said A. B., his heirs, executors, administrators, or assigns, 
 
 shall on the day of next pay imto the said C. D., his 
 
 executors, administrators, or assigns, the sum of £ , with 
 
 interest for the same after the rate of £ - 
 
 • per cent, per 
 
 annum computed from the date of these presents, then and in 
 such case the said C. D., his executors, administrators, or 
 assigns, shall, upon the request and at the cost of the said A. B., 
 his executors, administrators, and assigns, retransfer the said 
 
 (a) Under the Companies Clauses Consolidation Act ( 8 & 9 Vict, 
 c. 16), a transfer of railway shares is to be kept hj the secretary of the 
 company, and the company is not hound to notice trusts express or implied 
 (sects. 14, 15, 20). It is therefore the most convenient plan upon a mort- 
 gage of railway snares for the mortgagor to make an absolute transfer of tiiem 
 to the mortgagee for a nominal consideration, according to the form in the 
 schedule to the Act, accompanied by a deed explaining the object of the 
 transfer as above. It •will be borne in mind that this species of mortgage 
 gives to the mortgagee an absolute control over and power of dealing with 
 the shares as they stand in his name only, and he will be the person to 
 receive the dividends, but he may, by power of attorney, authorise the mort- 
 gagor to receive them. 
 
 Digitized by Microsoft® 
 
MORTGAGES. 657 
 
 RAILWAY 
 SHAUES. 
 
 railway shares so as aforesaid transferred to the said C. D., by 
 the said deed bearing even date with these presents, unto the 
 said A. B., his executors, administrators, and assigns, or as he or 
 they shall direct (Covenant by mortgagor to pay principal covenant 
 and interest, suprd, p. 516) : And the said A, B. doth here- gigo"i"to 
 by for himself, his heirs, executors, and administrators, further cipai an* 
 
 , , , interest. 
 
 covenant with the said 0. D., his executors, administrators, and 
 assigns, That he the said A. B. now hath good right to assign ^"^'JJ^'^ 
 the said shares unto the said C. D., his executors, administrators, Bwor for 
 and assigns, absolutely, free from all incumbrances : And J'^'^/^,™^ 
 FURTHER, that he the said A. B., and all other persons interested "ssurance. 
 in the said shares, shall and will at all times hereafter during 
 the continuance of this security, at his or their own cost, do 
 and execute, or cause to be done and executed, all such acts 
 and things for more effectually assuring the said shares unto 
 the said C. D., his executors, administrators, and assigns, as by 
 him or them shall be reasonably required : And it is hereby P"^" "' 
 AGREED AND DECLARED, that it shall be lawful for the said 
 C. D., his executors, administrators, or assigns, at any time or 
 times, without any further consent on the part of the said A. B., 
 his executors, administrators, or assigns, to sell the said shares, 
 or any of them, either together or in lots, and either by public 
 auction or by private contract, with power to buy in any shares 
 at any sale by auction, or to rescind any contract for the sale 
 thereof, and to resell the same without being answerable for 
 any loss or diminution in price, and with power also to execute 
 assurances, give effectual receipts for the purchase-money, and 
 do all other acts for carrying into effect any sale which the 
 said 0. D., his executors, administrators, or assigns shall think 
 proper : And it is hereby further declared, that the said Declaration 
 
 r tr 'of trust as 
 
 C. D., his executors, administrators, and assigns, shall, with and ^^"^'"^[^.^ 
 out of the moneys to arise from any such sale or sales as afore- s^*'*- 
 said, in the first place pay the costs and expenses incurred in 
 any such sale or sales,, or otherwise in relation to this security^ 
 and in the next place pay and satisfy the moneys then due and 
 owing on the security of these presents, and shall pay the 
 surplus (if any) to the said A. B., his executors, administrators, 
 or assigns, absolutely. (Power to be exercised only in case of 
 default— pmchaser not bound to inquire as to default, d~c. — 
 power viay be exercised by any person entitled to give a 
 discharge for mortgage money, suprd, p. 518). 
 In WITNESS, &c. 
 
 VOL. I. U TJ 
 
 Digitized by Microsoft® 
 
658 
 
 MORTGAGES. 
 
 No. LVI. 
 
 OF A 
 LEQACT. 
 
 Parties. 
 
 Recite will 
 leaving a 
 legacy to 
 mortgagor. 
 
 Witnessing 
 part. 
 
 ^Mortgagor 
 
 legacy to 
 mortgagee, 
 
 upon trust 
 to apply 
 same in 
 payinent of 
 principal, 
 interest, 
 and costs, 
 and to pay 
 surplus to 
 mortgagor. 
 
 Covenants 
 by mort- 
 gagor to pay 
 principal 
 and in- 
 terest, and 
 for title. 
 
 MORTGAGE of Legacy. 
 
 ' THIS INDENTURE, made the day of , Between 
 
 A. B. of, &c. {mortgagor), of the one part, and C. D. of, &c.r 
 (mortgagee), of the other part {Recite the will of X. Y. leaving 
 
 a legacy of £ to A. B.) : And whereas the said testator 
 
 died on the , day of last, and his said will was shortly 
 
 afterwards proved in the principal registry of the Probate 
 division of the High Court of Justice : And whereas the said 
 legacy has not yet been paid {Agreement for loan, sivprd, 
 p. .516) : NOW THIS INDENTURE WITNESSETH, that 
 in pursuance of the said agreement, and in consideration, &c. 
 {the 'receipt, cC-c), the said A. B. doth hereby assign unto the 
 said C. D., his executors, administrators, and assigns. The said 
 legacy of f — '■ — bequeathed to the said A. B. by the said recited 
 will as aforesaid : And all the right and interest of the said 
 A. B. to and in the same : Together with full power to sue 
 for, recover, receive, and give effectual receipts for the same 
 legacy in the name of the said A. B. or otherwise : To HAVE 
 AND RECEIVE the said legacy unto the said C. D., his executors, 
 administrators, and assigns : Upon trust that the said C. D., 
 his executors, administrators, or assigns, shall receive the said 
 legacy, and out of the same pay in the first place the expenses 
 attending the obtaining payment thereof, and in the next place, 
 
 pay and retain to himself or themselves the sum of £ , with 
 
 interest for the same, after the rate of £ per cent, per 
 
 annum, from the date of these presents, or so much thereof (if 
 any) as shall then remain due, and shall pay the surplus (if any) 
 of the said legacy to the said A. B., his executors, adminis- 
 trators, or assigns {Covenant by A. B. to pay principal and 
 interest, suprd, p. 516): And also that he the said A. B. 
 now hath good right to assign the said legacy unto the said 
 0. D., his executors, administrators, and assigns, in manner 
 aforesaid, free from incumbrances : And that he the said A. B., 
 and all other persons claiming any interest in the said legacy, 
 shall and will, at his or their own costs, do and execute, or cause 
 to be done and executed, all such further acts and assurances 
 
 Digitized by Microsoft® 
 
MORTGAGES. 659 
 
 for more effectually vesting the said legacy in the said C. D., 
 his executors, administrators, or assigns, in manner aforesaid, as ' 
 he or they may from time to time reasonably require. 
 In witness, &c. 
 
 OF A 
 LEGACY. 
 
 No. LVII. 
 
 MORTGAGE of Letters-Patent, the Good-will of a °^ i^etters- 
 business, Stock-in-Trade, d-c, to Two Persons, who several 
 
 ' ' ' ' WHO MAKE 
 
 make advances to Develop an Invention, subject to '■^'•'""'^ 
 
 ' */ , ON A JOIKT 
 
 a special Arrangement. ■^°°°'""- 
 
 THIS INDENTURE, made, &c., Between A. B., of, &c., and Parties. 
 C. D. of, &c. {mortgagors), of the one part, and E. F. of, &c., and 
 G. H. of, &c. {mortgagees), of the other part : Whereas, by Recite 
 letters patent under the Great Seal of the United Kingdom StSrs- 
 
 ■■• . . ° patent. 
 
 of Great Britain and Ireland, dated the day of , and 
 
 duly filed in Her Majesty's Court of Chancery, the sole and 
 exclusive licence, power, privilege, and authority of making, 
 exercising, and vending within the United Kingdom of Great 
 Britain and Ireland, a certain invention for improvements in 
 the construction and manufacture of {here describe the inven- 
 tion), and also in the machinery employed therein, for the term 
 of fourteen years from the date thereof, were granted to the 
 said A. B., his executors, administrators, and assigns: And joint pro- 
 WHEREAS the said letters-patent are the joint property of the bothmort 
 said A. B. and C. D., and they have made certain improvements ^^°™' 
 therein which have been duly registered, and they may here- 
 after make other improvements upon the said invention : And Mortgagors 
 WHEREAS the said A. B. and C. D. are also entitled to the good- to goodwill 
 
 will of the business of , manufacturers, carried on by them andstiJfk? 
 
 at their manufactory, No. , and to divers plant, stock-in- '° 
 
 trade, articles and effects at the said manufactory, and to divers 
 book-debts owing to them in respect thereof: And whereas. Agreement 
 by an agreement bearing even date with but executed before appofnting" 
 the execution of these presents, and made between the same soi^nte ; 
 persons as are made parties to these presents, it was (amongst ing^t^™" 
 other things) agreed and declared that the said E. F. and G. H, certain sum 
 
 u tr 2 
 
 Digitized by Microsoft® 
 
6 GO MORTGAGES. 
 
 PATENT TO 
 SEVERAL 
 
 WHO MAKE 
 ADVANCES 
 
 ON A JOINT 
 ACCOUNT. 
 
 "patS"?^" (hereinafter called the mortgagees) should advance to the said 
 A. B. and C. D. (hereinafter called the mortgagors) such sum or 
 sums of money as the mortgagors might require for the purpose 
 of introducing and developing the said invention, not exceeding 
 mentef*^" £1500, by such instalments as are therein mentioned, and 
 that the mortgagors should, and they did thereby appoint the 
 mortgagees their sole agents for the sale of articles maniifac- 
 tured under the said patent for the duration of the said letters- 
 patent, or any extension thereof, with certain privileges and 
 advantages as such agents, yet so that no interest should be 
 paid on the said advances during such agency as therein men- 
 securepay- tioned, and further, that the mortgagors should secure the 
 IdranSes by repayment of the said advances by an assignment to the mort- 
 ofiSI"' gagees of the said letters-patent, or any new letters-patent 
 to mor't?"' which they or any of them might obtain, and the fiiU benefit 
 gagees. thereof, and also the good-will of the said business, and the said 
 plant, stock-in-trade, articles, effects, and book debts : NOW 
 THIS INDENTURE WITNESSETH, that in pursuance of 
 the said agreement, and in consideration of the sum of £500 
 (part of the said sum of £1500) to the mortgagors now paid by 
 the mortgagees (the receipt of which said sum of £500 the 
 mortgagors do hereby respectively acknowledge), the mortgagors 
 Mortgagors do, and each of them doth hereby assign imto the mortgagees, 
 1. their executors, administrators, and assigns : First, all that 
 patent." and those the said recited invention and letters patent, and all 
 and singular the benefits, privileges, and advantages of, arising 
 out of, or to be derived from the said invention and letters- 
 patent, and the full benefit of all future and other letters-patent, 
 whether at home or abroad, or extension of the said letters- 
 patent, or other privileges for or in respect of the said in- 
 2- , vention : AND SECONDLY, ALL the beneficial interest and good- 
 
 Good-wiU, .,, p 1 p 1 
 
 stook-in- will of the afovcsaid business, and the plant, stock-m-trade, 
 
 trade, &c. , ~, . Jr ' 
 
 articles, and effects hereinbefore mentioned or referred to, and 
 all other articles and effects which now are or may at any time 
 
 or times hereafter be in or about the said manufactory in 
 
 aforesaid, and all book and other debts and sums of money 
 which now are or may at any time or times hereafter be due or 
 owing to the mortgagors in respect of the said business, and all 
 bills, bonds, notes, and other securities for the said debts and 
 sums of money respectively, and all books of entry and account, 
 papers, and writings in anywise relating to the said debts and 
 4tatef '^""'S respectively: And all the right, title, interest, and 
 
 Digitized by Microsoft® 
 
MORTGAGES. 661 
 
 LETTERS- 
 PATENT TO 
 
 SEVERAL 
 WHO HAKE 
 
 ADVANCES 
 ON A JOINT 
 
 ACCOUNT. 
 
 demand of them the mortgagors to, in, upon, or out of the °l^ 
 same premises, and every part thereof: Together with full 
 power to sue for, recover, and receive, and give effectual 
 receipts and discharges for the said several debts and sums of 
 money respectively, and every part thereof, in the names or 
 name of the mortgagors, or either of them, their or either of 
 their executors or administrators or otherwise : To HAVE, hold, to hoi<i to 
 
 ' ' mortgagees 
 
 RECEIVE, AND TAKE the Said invention, letters-patent, good- ^^^^'J^^^^,, 
 will, plant, stock-in-trade, articles, effects, debts, sums, and 
 other the premises hereby assigned, or expressed so to be, unto 
 the mortgagees, their executors, administrators, and assigns, 
 subject nevertheless to the proviso for redemption hereinafter 
 contained (that is to say) : Provided always, and it is hereby Pnnisofor 
 
 ^ .ft . . redemptioii. 
 
 agreed and declared, that if the mortgagors, or either of them, 
 or their or either of their heirs, executoi's, administrators, or 
 assigns, shall, on the day of (a), pay to the mort- 
 gagees, or the survivor of them, or the executors or adminis- 
 trators of such survivor, their or his assigns, the said sum of 
 £500, and also on demand pay to them or him every other sum 
 of money which may hereafter be advanced, or paid by them or 
 him to or on account of the mortgagors, or either of them, or 
 their or either of their executors, administrators, or assigns, 
 then the said premises hereby assigned, or expressed so to be, 
 shall at the request and cost of the mortgagors, their executors, 
 administrators, or assigns, be reassigned to them, or as they 
 shall direct : And it is hereby agreed and declared, that powm to 
 
 Inn viiSiviiGCS 
 
 if default shall be made in payment of the moneys intended to t" take 
 
 IP , possessinn 
 
 be hereby secured, or any part thereoi, contrary to the true i» case of 
 
 • iiiiicic 1 default of 
 
 intent of these presents, it shall be lawful for the mortgagees, payment of 
 or the survivor of them, or the executors or administrators of 
 such survivor, their or his assigns, at any time thereafter to take 
 possession of the said premises hereby assigned, or expressed so 
 to be, and for that purpose to have full and free access to the 
 said manufactory at all seasonable times, but that until posses- 
 sion shall be so taken the said premises shall remain in the 
 control or possession of the mortgagors, their executors, adminis- 
 trators, and assigns : And the mortgagors do hereby for them- ^^J^^f^ 
 selves jointly, and each of them doth hereby for himself, f^^^"" 
 his heirs, executors, and administrators, separately covenant |5|''j^"^it„''. 
 
 cipal. 
 
 (a) This date will 'be six calendar montlis from the day of the date of the 
 mortgage. 
 
 Digitized by Microsoft® 
 
662 
 
 MOETGAGES. 
 
 OF LETTEKS- 
 PATENT TO 
 
 SEVERAL 
 
 WHO MAKE 
 
 ADVANCES 
 
 ON A JOINT 
 
 ACCOUNT. 
 
 Aud that 
 if any 
 money is 
 cUie after 
 determina- 
 tion of 
 agency, 
 interest 
 sliall be paid 
 thereon. 
 
 Not to do 
 any act to 
 invalidate 
 patent. 
 
 That letters- 
 patent are 
 valid. 
 
 That mort- 
 gagors have 
 right to 
 assign; 
 
 and for 
 further 
 assurance. 
 
 with the mortgagees, their executors, administrators, and 
 assigns, that the mortgagors, or one of them, or their or one of 
 
 their heirs, executors, or administrators, will on the day 
 
 of next, pay to the mortgagees, or the survivor of them, 
 
 or the executors or administrators of such survivor, their or his 
 assigns, the said sum of £500, and also will on demand pay to 
 them or him every other sum of money which may hereafter be 
 advanced or paid by them or him to or on account of the mort- 
 gagors or either of them, or their or either of their executors, 
 administrators, or assigns : And that if the said sum of £500, or 
 any other sum which may hereafter be advanced as aforesaid, shall 
 remain unpaid after the determination of the aforesaid agency, 
 then and in such case the mortgagors, or one of them, or their or 
 one of their heirs, executors, administrators, or assigns, will, so 
 long as the same moneys or any part thereof shall remain unpaid, 
 pay to the mortgagees, or the survivor of them, or the executors, 
 or administrators of such survivor, their or his assigns, interest 
 
 for such unpaid moneys, at the rate of £ per cent, per 
 
 annum by equal half-yearly payments, without any deduction : 
 And further, that the mortgagors, their executors, adminis- 
 trators, or assigns, will not dijiing the continuance of this se- 
 curity do any act whereby the said letters-patent, or any other 
 letters-patent which may be subject to these presents, may 
 become invalidated, avoided or avoidable, and will not, without 
 the consent of the mortgagees, their executors, administrators, 
 or assigns, remove the said plant, stock-in-trade, articles, and 
 effects hereby assigned, or expressed so to be, or any part 
 thereof: And further, that the. said letters-patent are 
 valid and effectual, and are in no wise invalidated, avoided 
 or avoidable : And THAT the mortgagors now have power to 
 assign all the said premises hereby assigned, or expressed so 
 to be, unto the mortgagees, their executors, administrators, 
 and assigns in manner aforesaid free from incumbrances : 
 And FURTHER, that the mortgagors, and all persons having 
 or lawfully or equitably claiming any estate or interest in 
 the said premises, or any of them, will, at all times at their 
 own cost during the continuance of this security, and after- 
 wards at the cost of the person or persons requiring the same, 
 execute and do every such assurance and thing for the better and 
 more perfectly assigning and assuring the said premises hereby 
 assigned, or expressed so to be, unto the mortgagees, their exe- 
 cutors, administrators, and assigns, and enabling them to have. 
 
 Digitized by Microsoft® 
 
MORTGAGES. 663 
 
 OF LKTTEKS- 
 PATEST TO 
 
 SEVERAL 
 
 WHO MAKE 
 
 ADVANCES 
 
 ON A JOINT 
 
 ACCOUNT. 
 
 obtain possession of, and enjoy the same respectively according 
 to the true intent and meaning of these presents as may be 
 reasonably required : And it is hereby declared by the mort- 
 gagees that the said sum of £500, and the interest thereof belong, 
 and every other sum to be hereafter advanced as aforesaid, and ^^^^^y^ 
 the interest thereof, will belong to them jointly both at law and o""^,"^" 
 in equity, and if either of them shall die during the continuance ^'"'°^*- 
 of this security, the receipt of the survivor of them, for the same 
 several sums and interest, shall be an effectual discharge for the 
 same : And it is hereby declared that it shall be lawful for the power to 
 mortgagees, or the survivor of them, or the executors or adminis- u>°eS"'^ 
 trators of such survivor, their or his assigns, at any time or to sou jirtM- 
 
 times after the said day of , without any consent on day. 
 
 the part of the mortgagors, their executors, administrators, or 
 assigns, to grant such general or special and other licence or 
 licences to exercise and use the said premises firstly herein- 
 before assigned, or expressed so to be, for such term, on such 
 conditions, and in such manner as they or he shall think fit ; and 
 also to sell the said premises firstly and secondly hereinbefore 
 assigned, or expressed so to be, or any part or parts thereof, 
 either together or in lots, and either by public auction or 
 private contract, and either with or without special or other 
 conditions or stipulations, with power to buy in the said pre- 
 mises, or any part thereof, or to rescind any contract for the 
 sale thereof, and to resell the same from time to time without 
 being answerable for any loss or diminution in price, and with 
 power also to execute assurances, give effectual receipts for the 
 purchase money, and do all other acts and things for com- 
 pleting the sale which the persons or person selling as aforesaid 
 shall think proper : And it is hereby declared, that the neciai-ation 
 persons or person selling as aforesaid shall, with and out of tlie moneys, &c. 
 moneys to arise from such sale, and from the granting such 
 licences as aforesaid, in the first place pay and retain the costs 
 and expenses attending such sale or otherwise incurred in 
 relation to this security, and in the next place pay and satisfy 
 the moneys which shall then be owing on the security of these 
 presents, and shall pay the surplus (if any) to the mortgagors, 
 theii- executors, administrators, or assigns : Provided always ^o™o that 
 and it is hereby declared, that unless the said agency of the ^ency 
 mortgagees created by the said recited agreement of even date — '^^.^ 
 herewith shaU be sooner determined, the mortgagees, or the *f.»o' 
 survivor of them, or the executors or adminLstrators of such l^^^^l^ 
 
 Digitized by Microsoft® 
 
664 
 
 MOKTGAGES. 
 
 OF LETTERS- 
 PATENT TO 
 
 SEVERAL 
 WHO MAKE 
 j'.DVANCES 
 ON A JOINT 
 -ACCOUNT. 
 
 jiower of 
 sale, or 
 liceusing 
 before a 
 given day. 
 
 Purchaser 
 and licensees 
 not to be 
 affected by 
 last proviso. 
 
 Powers may 
 be exercised 
 by any per- 
 son entitled 
 to give a 
 dischatge 
 for mortgage 
 moneys. 
 
 survivor, their or his assigns, shall act nor will call in or compel 
 payment of the moneys for the time being owing on the 
 security of these presents, and shall not nor will grant any 
 licence of the said premises firstly hereinbefore assigned, or 
 expressed so to be, nor exercise the aforesaid power of granting 
 licences or of sale until the expiration of the letters-patent, and 
 in the event of the same being extended, until the expiration 
 of such extension : Provided also, that upon any licence or 
 sale m^ide in pursuance of either of the aforesaid powers in this 
 behalf the licensee or purchaser shall not be bound or con- 
 cerned to see or inquire whether the said agency has deter- 
 mined, or whether any money remains owing on the security, of 
 these presents, or otherwise as to the propriety, necessity, or 
 regularity of such licence or sale, or be bound by notice that 
 the said agency had not determined, or that no moneys were 
 then owing as aforesaid, or that the licence or sale is otherwise 
 unnecessary, irregular, or improper : And it is hereby also 
 DECLARED, that the aforesaid powers of granting licences and 
 of sale respectively may be exercised by any persons or person 
 for the time being entitled to receive and give a discharge for 
 the moneys then being due and owing on the security of these 
 presents. 
 In witness, &c. 
 
 No. LVIII. 
 
 or RE- 
 VERSIONARY 
 IKTERE8T 
 IN STOCK 
 
 AND 
 ANNUITY, 
 
 Parties, 
 
 Eecitc 
 settlement 
 by which 
 mortgagor 
 is entitled 
 to rever- 
 sionary 
 interest in 
 
 MORTGAGE of a Reversionaey Interest in Stock 
 belonging to the Mortgagor, and of an Annuity 
 belonging to his Wife, to secure an Existing Debt 
 and future Advances. 
 
 THIS INDENTURE, made the day of , Between 
 
 A. B. of, &c. (mortgagor), of the first part, 0. B. (the wife 
 of the said A. B.), of the second part, and E. F. of, &c. (mort- 
 gagee), of the third part : Whereas, &c. (Recite the settle- 
 ment and events under and by means of ivhich A. B. is 
 
 entitled to the sum of £ £3 per cent. Reduced Annuities 
 
 expectant upon the death of T. P. Recite also the will of 
 
 Digitized by Microsoft® 
 
MOKTGAGES. 665 
 
 OF RE- 
 VERSIONARY 
 INTEREST 
 IN STOCK 
 
 AND 
 ANNUITY. 
 
 X. Y., giving an annuity of £500 to C. B., then C. D., for her 
 life — death of testator and probate of will) : And whereas, 
 
 by an iDdenture dated the day of , and made between 
 
 the said A. B. of the first part, the said C. B. (then C. D.), of gjock and 
 the second part, and G. H. and I. K. of the third part (being ^^^™^^^ 
 the settlement made in contemplation of the marriage then ^^^fjl 
 intended and shortly afterwards solemnized between the said settlement 
 A. B. and the said C. D. ), the said C. D. with the privity of the of mort- 
 said A. B., did assign the said annuity of £500 unto the said iHswife, 
 G. H. and I. K., their executors, administrators, and assigns, annuity is 
 
 PI/. 11 •• 1 settled to 
 
 upon trust from and after the solemnization of the said then sepaiatc 
 
 ^ ^ ^ ^ . use of wife. 
 
 intended marriage for the said C. D. for her separate use 
 
 free from the control of the said A. B. : And whereas the That moit- 
 
 said A. B. is now indebted to the said E. F. in the sum of&btedto 
 
 £ , and the said A. B. and C. his wife have respectively and a*gre'e-' 
 
 agreed that the repayment thereof and of such further sums security for 
 
 1 p 11 11 1 'iT-i-ri nvxih debt 
 
 as may hereafter be advanced by the said K i<. to or on account and future 
 
 fl.(l.Vfl11CGS 
 
 of the said A. B., with interest for the same respectively, shall . 
 
 be secured in manner hereinafter expressed : NOW THIS IN- First wit- 
 
 DENTUKE WITNESSETH, that in pursuance of the afore- IS!"^ 
 
 said agreement, and in consideration of the sum of £ , so 
 
 due and owing from the said A. B. to the said E. F. as aforesaid, 
 the said A. B. doth hereby for himself, his heirs, executors, and 
 administrators, covenant with the said E. F., his executors, 
 administrators, and assigns, That the said A. B., his heirs, Covcnaut 
 
 , . . . -11 1 1 by moi-t^ 
 
 executors, administrators, or assigns, will on the day of gagor to pay 
 
 pay unto the said E. F., his executors, administrators, or interest, 
 
 assigns, the sum of £ , with interest for the same in the to repay 
 
 o ' further 
 
 meantime after the rate of £5 per cent, per annum : And if ^^JJ""^' 
 
 the said sum of £ shall not be paid on the said day invest. 
 
 of next, then will pay to him or them interest after the 
 
 rate aforesaid for the said sum of £ , or so much thereof 
 
 as shall for the time being remain unpaid, by equal half-yearly 
 
 payments, on the day of and the day of 
 
 in every year, until the said principal sum shall be fuUy paid : 
 And also will on demand repay to the said E. F., his exe- 
 cutors, administrators, or assigns, such sum or sums of money 
 as may hereafter be advanced by the said E. F., his executors, 
 administrators, or assigns, to or on account of the said A. B., 
 
 not exceeding together the sum of £ : And will until 
 
 such repayment pay interest on the sum or sums which shall 
 have been so advanced as last aforesaid, after the rate aforesaid, 
 
 Digitized by Microsoft® 
 
666 
 
 MORTGAGES. 
 
 OF RE- 
 VERSIONARY 
 INTEREST 
 IN STOCK 
 
 AND 
 ANNUITY. 
 
 Second 
 
 witnessing 
 
 part. 
 
 Mortgagor 
 assigns his 
 reversionary 
 took 
 
 to mort- 
 gagee. 
 
 Third wit- 
 nessing 
 part. 
 
 Mortgagor's 
 wife assigns 
 her annuity 
 to mort- 
 
 Proviso for 
 redemption. 
 
 computed from the time or respective times of advancing the 
 same, the first of such payments of interest to be made on such 
 of the hereinbefore mentioned half-yearly days as shall first 
 happen after the principal money shall have been advanced, 
 and all subsequent interest to be paid by equal half-yearly pay- 
 ments on the said half-yearly days respectively : AND THIS 
 INDENTUKE FURTHER WITNESSETH, that in further 
 pursuance of the said agreement, and for the consideration 
 aforesaid, the said A. B. doth hereby assign unto the said E. ¥., 
 his execufors, administrators, and assigns, All that the said 
 
 sum of £ £3 per cent. Reduced Annuities comprised in and 
 
 settled by the said indenture of the day of as afore- 
 said, and the stocks, funds, and securities for^ the time being 
 representing the same, and the dividends, interest, and annual 
 produce thereof : And all the right, title, interest, claim, and 
 demand whatsoever of the said A. B. to in and upon the same : 
 Together with full power to sue for and give effectual receipts 
 and discharges for the same, in the name of the said A. B. or 
 otherwise : To HAVE, receive, and take the said stock and 
 premises hereinbefore assigned, or expressed so to be (subject to 
 the estate and interest therein of the said T. P. for his life as 
 aforesaid), unto the said E. F., his executors, 'administrators, and 
 assigns, subject to the proviso for redemption hereinafter con- 
 tained : AND THIS INDENTURE ALSO WITNESSETH, 
 that in further pursuance of the said agreement, and for the 
 consideration aforesaid, the said C. B. doth hereby assign unto 
 the said E. F., his executors, administrators,- and assigns. All 
 that the said annuity of £500, bequeathed to the said 0. B. by 
 the said will of the said X. Y. as aforesaid : And ALL the 
 RIGHT, title, interest, property, claim, and demand whatsoever 
 of the said C. B. to in and upon the said annuity, Together 
 with full power to sue for and give effectual receipts and dis- 
 charges for the said annuity, in the name of the said C. B. 
 or otherwise : To HOLD, receive, and TAKE the said annuity 
 and premises lastly hereinbefore assigned, or expressed so to 
 be, unto the said E. F., his executors, administrators, and 
 assigns, subject to the proviso for redemption hereinafter 
 contained : Provided always, that if the moneys hereinbefore 
 covenanted to be paid by the said A. B., his heirs, executors, 
 or administrators, shall be duly paid at the times and in 
 the manner mentioned in that behalf in the foregoing cove- 
 nant, then and in silch case the assignments hereinbefore- made 
 
 Digitized by Microsoft® 
 
MORTGAGES. 667 
 
 shall be void : And the said A. B. doth hereby for himself, °' ''^■' 
 his heirs, executors, and administrators, covenant with the said interest 
 
 IN STOCK 
 
 E. F., his executors, administrators, and assigns, that the said ^^^^ 
 A. B. and C. his wife respectively, now have good right to poygnants 
 assign the said premises hereby assigned by them respectively, ^J ^°^^ 
 or expressed so to be, unto the said E. F., his executors; ad- *'*'°- 
 niinistrators, and assigns, in manner aforesaid, free fro\n incum- 
 brances : And further that the said A. B. and C. B. respec- 
 tively, and all other pei'sons claiming any estate or interest in 
 the premises respectively, will at all times hereafter, at his, her, 
 or their own cost during the continuance of this security, and 
 afterwards at the cost of the person or persons requiring the 
 same, execute and do, or cause to be executed and done, all 
 such assurances and acts for the further and more effectually 
 assuring the said premises hereby respectively assigned, or 
 expressed so to be, unto the said E. F., his executors, adminis- 
 trators, and assigns, in manner aforesaid, as shall or may be 
 reasonably required ; And it is hereby agreed and de- power of 
 GLARED, that it shall be lawful for the said E. F., his executors, 
 administrators, or assigns, at any time or times, without any 
 further consent on the part of the said A. B. and C. his wife, or 
 either of them, or the executors, administrators, or assigns of 
 
 them, or either of them, to sell the said sum of £ £3 per 
 
 cent. Reduced Annuities, annuity' of £500, and other the premises 
 hereinbefore respectively assigned, or expressed so to be, or any 
 of them, or any part or parts thereof respectively (and as to the 
 
 said sum of £ £3 per cent. Reduced Annuities, either 
 
 during the lifetime of the said T. P., or after his decease), 
 and as to all the said premises either by public auction, &c. 
 (power of sale, supra, p. 517): And it is hereby agreed Trusts of 
 AND DECLARED, that the Said E. F., his executors, adminis- money, 
 trators, and assigns, shall, with and out of the mone3's to arise 
 from any such sale as aforesaid, in the first place pay and retain 
 the costs and expenses attending such sale or otherwise in- 
 curred in relation to this security, and shall in the next place 
 apply the said moneys in satisfaction of the moneys which 
 shall then be owing on the security of these presents, and shall 
 then pay the surplus (if any) of the said sale moneys, so far 
 as such surplus shall have arisen from the sale of the said 
 
 sum of £ £3 per cent. Reduced Annuities, unto the said 
 
 A. B., his executors, administrators, or assigns, and so far as the 
 same shall have arisen from the sale of the said annuity of 
 
 Digitized by Microsoft® 
 
668 MORTGAGES. 
 
 VERSTONARY 
 INTEREST 
 IN STOCK 
 AND 
 
 JNART ^500 unto the said C. B._ for her separate use (Power to he 
 exercised only in case of default, <bc. — purchaser not bound 
 ANOTTTY. to inquire as to default, dc. — power may he exercised hy any 
 person entitled to give a discharge for mortgage money, 
 Proviso supra, p. 518) : Provided always, and it is hereby agreed 
 ^nuit^'ls and ' declared, that as between the said A. B. and C. his 
 to security wifc the annuity of £500 hereinbefore assigned shall be con- 
 ot covenant sidered in equity as liable to this security in aid only of the 
 
 gagor'and covenant of the said A. B., and the said sum of £ £3 
 
 ' per cent. Reduced Annuities hereinbefore assigned by him: 
 but proviso but this proviso shall not affect the said E. F., his executors, 
 
 not to affect i • • , , ■ j i • .i r 
 
 mortgagee, adminjstrators, or assigns, or prevent him or them irom en- 
 forcing his or their several securities in such order and manner 
 as he or they may think fit. 
 In witness, &c. 
 
 No. LIX. 
 OF A SHARE MORTGAGE hy Husband and "Wife of an undivided 
 
 OF LANDS IN ,^ . -r-. /. i t-vt -r-i 
 
 REMAINDER, ShARE IM REMAINDER of the WIFE in FREEHOLD 
 
 LEOACY, AND 
 
 A POLICY OF lands, and of her Reversionary and Contingent 
 
 ASSURANCE, ' "^ 
 
 Share in a Legacy, and also a Policy of As- 
 surance hy way of Trusts /or Sale of the Share in 
 Lands to Secure an Existing Debt and Future 
 Advances (a). 
 
 Parties. THIS INDENTURE, made the day of , Between 
 
 A. B. of, &c., and C. his wife (mortgagors), of the one part, and 
 rtf°w*te t?^ E. F. of, &c. (mortgagee), of the other part : Whereas under or 
 sfonaly ^y virtue of, &c. (State dates and parties of instruments), one equal 
 lands,"' undivided fourth part or share of and in the messuages, lands, and 
 hereditaments hereinafter described, now stands limited in re- 
 mainder expectant on the determination of an estate for the life 
 of I. K., to the use of the said C. B., her heirs and assigns for ever : 
 
 one|ac?''™ -^ND WHEREAS, Under or by virtue of the will of dated the 
 
 SnlS^sui day of 1860 the said G. B, or the said A. B.,in her right, 
 
 viving X. T. 
 
 (a) This deed muBt he acknowledged by the mortgagor's wife. See 3 & 4 
 Wm. IV., c. 74, s. 77 ; 20 & 21 Vict. c. 57. 
 
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MORTGAGES. 669 
 
 will become entitled, in the event of the said 0. B. surviving X. Y. °^ * ^'^'"^ 
 
 ' o OP LANDS IN 
 
 of, &c., to one equal fourth part or share, or some other part or remainder, 
 share of and in a sum of ^61000 in the said -will mentioned : \!'°"':l°/ 
 And whereas the said E. F. has from time to time advanced IT" ~~ 
 
 That mort- 
 
 to the said A. B. and C. his wife, or one of them, various sums f^^l ^ 
 of money, amounting together to the sum of £200, as they ^l^lgor 
 the said A. B. and C. his wife do hereby acknowledge : And """^ ''''''■ 
 
 , .,_,_,, , , , .^ Agreement 
 
 WHEREAS the said Hj. b . has agreed to advance to the said for furtiiei- 
 A. B. and C. his wife the further sum of £100 upon having for security, 
 such security as is hereinafter expressed, for the repayment with ^'surmce 
 interest, as well of the said sum of £200 so due and owing to effectcd"on 
 him as aforesaid, as also of the further sum of £100 now to be g'agor's wiW 
 advanced as aforesaid, making together the sum of £300 ; And ijfe°of'x y. 
 WHEREAS, for the purpose of the said intended security, an 
 
 assurance has been effected with the Company, in the 
 
 name of the said E. F., for the sum of £250, to be paid to the 
 said E. F., his executors, administrators, or assigns, in the event 
 of the said C. B. dying in the lifetime of the said X. Y., by a 
 policy dated , and numbered , under an annual pre- 
 mium of £ : And whereas it has been also agreed that 
 
 these presents shall be a security to the said E. F. for any 
 further advances which may be made by him to the said A. B. 
 and C. his wife, or either of them, not exceeding £100 in 
 addition to the said aggregate sum of £300, and in addition 
 also to any advances which may be made for keeping on foot 
 the said policy of assurance as hereinafter is mentioned : NOW ^j^^^„^'*" 
 THIS INDENTURE WITNESSETH, that in pursuance of ""S."^ 
 the said agreement in this behalf, and in consideration of the ^i"™'''""" 
 sum of £200 so due and owing to the said E. F. as aforesaid, 
 and of the further sum of £100 to the said A. B. and C. his 
 wife, now paid by the said E. F. &c. {the receipt, dc), they the Mortgagor 
 said A. B. and C. his wife (a) do, and each of them doth, hereby convey 
 
 wife's slifirc 
 
 grant unto the said E. F., his heirs and assigns. All that the of laud 
 SAID one undivided fourth part or share, and every other part 
 or share (if any) of the said 0. B. of and in All, &c. {parcels, 
 general words, and all the estate, dec.) : To have and to hold ^t^*" 
 the said part or share, parts or shares, and premises hereinbefore "^^^^^^ 
 granted, or expressed so to be (subject to the said prior estate J'p™,,*"''' 
 for the life of the said I. K. therein), unto and to the use of the 
 said E. F., his heirs and assigns, for ever : Upon trust, and to 
 the intent that the said E. F., his heirs or assigns, shall or may 
 at any time or times hereafter, either in the lifetime, or after the 
 
 Digitized by Microsoft® 
 
670 MORTGAGIES. 
 
 °l *-,^^t^l decease of the said I. K. and without any further consent on the 
 
 OF LANDS iJS i* 
 
 LEGAc™S P^^* °f ^^^ ^^^^ -^- •^- ^^^ G- ^^s ■"^if®j °^ either of them, their or 
 ^jIsvr^ck ^it^sr of their heirs, executors, administrators, or assigns, sell the 
 said undivided part or share, parts or shares of the said heredita- 
 ments and premises, or any of them (but subject to the said 
 estate for life of the said I. K., if then living), either together or 
 in parcels, and either by public auction or private contract, and 
 either with or without special conditions or stipulations relative 
 to title or otherwise, with full power to buy in the said pre- 
 mises, or any part thereof, at any such public auction, or to 
 rescind any contract for the sale thereof, and to resell the same 
 without being answerable for any loss or diminution in price, 
 and with power also to execute assurances, give effectual re- 
 ceipts for the purchase-money, and do all other acts for 
 completing any such sale which the said E. F., his executors, 
 administrators, or assigns, shall think proper, and shall stand 
 and out of possBsscd of the moneys to arise by such sale, upon trust in the 
 
 proceeds to "^ ^ ** ■*■ 
 
 pay debt first place, to pay thereout the costs and expenses attendiner 
 
 and interest, . . . 
 
 and costs, the sale or otherwise incurred in or about the trusts of these 
 presents, and in the next place to pay, or retain to himself or 
 themselves the said aggregate sum of ^300, and interest thereon 
 
 after the rate of £ per cent, per > annum, computed from 
 
 the date of these presents, or so much "thereof respectively as 
 
 shall then remain unpaid, together with any further sum or 
 
 sums of money which may hereafter be advanced by the said 
 
 E. F. to the said A. B. and C. his wife, or which the said 
 
 E. F., his executors, administrators, or assigns may pay in or 
 
 about the keeping on foot the aforesaid policy of assurance, 
 
 with interest thereon after the rate aforesaid, computed from the 
 
 day or respective days of advancing the same, and in case any 
 
 money shall remain after making all such payments as afore- 
 
 andpay said, then to stand possessed thereof upon trust for the said 
 
 Sgago?'s C. B., her heirs and assigns: AND THIS INDENTURE 
 
 ae^nd ALSO WITNESSETH, that in further pursuance of the said 
 
 wrtnessmg agreement, and for the consideration aforesaid, the said A. B. 
 
 and C. his wife do hereby assign unto the said E. F., his exe- 
 
 Mortgagor cutors, administrators, and assigns. All that the share and 
 
 assl^'^ interest of the said 0. B., or of the said A. B. in her- right, of 
 
 tingent™" and in the said sum of £1000 bequeathed by the said will of 
 
 legacy '" the Said , contingent as aforesaid {And all the right, dc.) : 
 
 g"ige"" To HAVE, EEOEIVE, AND TAKE the Said share and interest 
 hereinbefore assigned, or expressed so to be, of and in the said 
 
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MORTGAGES. 671 
 
 contingent legacy and premises, unto the said E. F., his exe- o^t^t^s 
 
 cutors, administrators, and assigns, upon the trusts hereinafter lTgac?!"™d 
 declared concerning the same : And it is hereby agreedi and tJsra^c^ 
 DECLARED, that the said E. P., his executors, administrators, or Declaration 
 assigns shall receive all moneys (if any) to become payable in g^^"^i 
 respect of the share hereby assigned of and in the said sum of |°'genr' 
 £1000, and also all moneys (if any) to become payable under or Seya^to 
 by virtue of the said policy of assurance, and shall stand possessed payaue 
 of the moneys so received upon the same trusts as are herein- policy. 
 before declared concerning the moneys to arise from a sale of the uponiike 
 
 , " "^ trusts as 
 
 undivided share hereinbefore assured of and in the said here- ™?neys '« 
 
 aviso from 
 
 ditaments under the aforesaid trust in that behalf, except that of'uimis''"™ 
 the surplus (if any) of the moneys, the trusts whereof are now 
 being declared, shall go to the said C. B., her executors, ad- 
 ministrators, or assigns : And the said A. B. doth hereby for covenants 
 
 . . . , *' by niort- 
 
 himself, his heirs, executors, and administrators, covenant with sasor !■" 
 
 . . . . liaypnn- 
 
 the said E. F., his executors, administrators, and assigns. That he ^XJcs"^ 
 the said A. B., his heirs, executors, or administrators, will at any 
 time hereafter, upon demand, pay to the said E. F., his executors, 
 administrators, or assigns, the said aggregate sum of £300, with 
 
 interest thereon, after the rate of £ per cent, per annum, 
 
 computed from the date of these presents, and also any further 
 sum or sums of money which may be hereafter advanced by the 
 said E. F., his executors, administrators, or assigns, to the said 
 A. B., or the said C. his wife, or which the said E. F., his exe- 
 cutors, administrators, or assigns, may pay in or about the 
 keeping on foot the said policy, with interest for the same 
 after the rate aforesaid, from the time or respective times of 
 advancing or paying the same, all such interest, as well upon 
 the said sum of £300 as upon any such further advances or 
 
 payments as aforesaid, to be paid half-yearly on the day of 
 
 , and the day of in every year : And further, and for 
 
 that they the said A. B. and C. his wife, now have good right to 
 grant and assign the several shares and premises hereby granted 
 and assigned respectively, or expressed so to be, unto the said 
 E. F., his heirs, executors, administrators, and assigns, in manner 
 aforesaid free from incumbrances : And further that the said 
 A. B. and C. his wife respectively, and their respective heirs, 
 executors, and administrators, and all other persons claiming 
 any estate or interest in the premises respectively, will at all 
 times hereafter upon the request of the said E. F., his executors, 
 administrators, or assigns, but at the cost of the said A. B., his 
 
 Digitized by Microsoft® 
 
672 
 
 MOETaAGES. 
 
 Proviso as 
 to order of 
 liability of 
 several 
 securities 
 inter se. 
 
 OF A SHABE executors, administriitovs, or assigns, until the same shall be 
 
 OF LANDS IN ' J & J 
 
 LE™oY"jun3 ^'^^^ under the power of sale hereinbefore contained, and after 
 "abctrahoe^ the same shall be so sold of the person or persons requiring the 
 same, do and execute, or cause to be done and executed, all such 
 acts and assurances for further and more effectually granting and 
 assigning the said premises hereby respectively granted and 
 assigned, or expressed so to be, or any of them, unto the said 
 E. F., his executors, administrators, and assigns, in manner 
 aforesaid, as shall or may be reasonably required : Provided 
 ALWAYS, and it is hereby agreed between the said A. B. and C. his 
 wife (but without prejudice to the rights and remedies of the said 
 E. F., his executors, administrators, and assigns), that the moneys 
 to become payable under the said policy of assurance, and the 
 share and interest of the said A. B. in the said legacy or sum of 
 £1000, and the moneys to arise from the sale of the said 
 undivided share or shares of and in the said hereditaments 
 aforesaid, shall in equity be considered respectively the first, 
 second, and third funds, and shall be applicable successively in 
 such order, so far as the same will extend, for or towards pay- 
 ment of the said principal sum of £300, and the interest thereof, 
 and all other moneys to become due and owing on the security 
 of these presents, and the interest thereof, to the intent that 
 the said A. B., his heirs, executors, and administrators, and his 
 and their estate and effects may be, as far as possible, exonerated 
 therefrom. 
 In witness, &c. 
 
 Indorsement to be made on the above Deed 
 on the occasion of a Further Advance. 
 
 We hereby acknowledge to have this day received 
 
 from the within-named E. F., the sum of £ , 
 
 being a further sum advanced on the within-men- 
 tioned security. 
 
 Dated this 
 
 day of 
 
 A. B. 
 C. B. 
 
 Digitized by Microsoft® 
 
MORTGAGES. 673 
 
 No. LX. 
 
 MORTGAGE of Reversionary Interest in a Share of <" »«^- 
 Personal Estate under a Will, — Covenants hy the 'fj'^^j^-^ 
 Father of Mortgagor, and hy his Mother with a "°''*''^^- 
 View to hind her Separate Estate, to pay the In- 
 terest, hy way of additional Security. 
 
 THIS INDENTURE, made the day of , Between Parties. 
 
 A. B. of, &c. (mortgagor), of the first part, C. D. of, &c., and 
 E., his wife (the father and mother of the said A. B.) of the 
 second part, and G. H. of, &c. (mortgagee), of the third part : 
 
 Whereas under the will of L. M., late of , deceased, dated ^fif ^„der 
 
 the day of , and duly proved in the principal registry g^oM™"'*" 
 
 of the Probate division of the High Court of Justice, the said oSe-ttM?>f 
 A. B. is beneficially entitled to one equal third part or share of estate!"^ 
 the residuary personal estate and effects late of the said L. M., 
 deceased, in reversion or remainder expectant on the decease or 
 marriage again, whichever shall first happen, of N. 0. : And ^™'',^ "f^ 
 WHEREAS part of the residuary personal estate and effects late of es£te^con-' 
 the said L. M., or of the investments of the produce thereof, ^'''*"- 
 
 consists of the sum of f £3 per cent. Consolidated Bank 
 
 Annuities, now standing in the names of X. Y. and Y. Z., as the 
 present trustees of the said will : AND WHEREAS neither the nemainaer 
 
 .of personal 
 
 amount nor the particulars of the remainder (if any) of the estate not 
 
 ^ \ ./ / ascertained. 
 
 residuary personal estate and effects late of the said L. M., 
 deceased, can at present be ascertained (Agreement for loan, ^f^™^"* 
 suprd, p. .516) : NOW THIS INDENTURE WITNESSETH, s^"" 
 that in pursuance of the said agreement, and in consideration, ^rt"'*^'"* 
 &c. (the receipt, de.), he the said A. B. doth hereby assign unto considera- 
 the said G. H., his executors, administrators, and assigns. All ^gignment 
 THAT the one equal third part or share of him the said A. B. "'Sy 
 under or by virtue of the said will of the said L. M., deceased, on'd^h*or 
 
 expectant as aforesaid, of and in the said sum of £ £3 per Sf*™^f 
 
 cent. Consolidated Bank Annuities, and of and in all other (if 
 any) the residuary personal estate and effects of the said L. M., 
 deceased, and the proceeds thereof, and of and in the stocks, 
 funds, and securities in or upon or of which the same or any 
 part thereof may be invested or consist, or by which the same 
 
 VOL. I. XX 
 
 Digitized by Microsoft® 
 
674 
 
 MORTGAGES. 
 
 OF RE- 
 
 VERSIONAJRY 
 
 INTEREST 
 
 IN PER- 
 
 SONALTT. 
 
 Habendum 
 to mort- 
 
 Provlso for 
 redemption. 
 
 Covenant 
 by mort- 
 gagor to 
 pay prin- 
 cipal and 
 intetost, 
 
 and for 
 title. 
 
 Covenants 
 by father 
 and mother 
 of mort- 
 gagor to pay 
 the interest 
 in case of 
 default. 
 
 may be represented, howsoever the same respectively may be 
 invested, circumstanced, secured or described, and the income 
 and accumulations thereof respectively : And all the right, 
 &c. : To HAVE, RECEIVE, AND TAKE the share and premises 
 hereinbefore assigned, or expressed so to be, unto the said 
 G. H., his executors, administrators, and assigns, subject to 
 the proviso for redemption hereinafter contained (that is to 
 Say), Provided always, that if the said A. B,, his heirs, 
 
 executors, administrators, or assigns shall, on the day of 
 
 next, pay to the said G. H,, his executors, administrators, 
 
 or assigns, the sum of £ , with interest thereon after the 
 
 rate of £5 per cent, per annum, to be computed from the day of 
 the date hereof, then and in such case the said G, H,, his 
 executors, administrators, or assigns shall and will, upon the 
 request and at the cost of the said A. B,, his executors, adminis- 
 trators, or assigns, re-assign the said share and premises hereby 
 assigned, or expressed so to be, unto the said A. B., his execu- 
 tors, administrators, and assigns, or as he or they shall direct 
 {Covenant hy A. B. for payment of principal money and in- 
 terest, suprd, p. 516) : And also that he the said A. B. 
 now hath good right to assign the said share and premises 
 hereby assigned, or expressed so to be, unto the said G. H,, 
 his executors, administrators, and assigns, in manner afore- 
 said, free from incumbrances : And that he the said A. B,, 
 and all other persons lawfully or equitably claiming any 
 interest in the said share and premises hereby assigned, or 
 expressed so to be, or any part thereof, will at all times here- 
 after, at his or their own cost, until the same shall be sold under 
 the power of sale hereinafter mentioned, and at the cost, after 
 the same shall be so sold, of the person or persons requiring the 
 same, do and execute, or cause to be done and executed, all such 
 acts, deeds, and things, for further and more effectually assuring 
 and confirming the said share and premises hereby assigned, or 
 expressed so to be, unto the said G. H,, his executors, adminis- 
 trators, and assigns, and also for enabling him and them to 
 receive, recover, and enforce the payment of the same respec- 
 tively as shall or may be reasonably required (Power of Sale 
 in case of defoAilt, and subsidiary clauses) : And in PURSUANCE 
 OF THE SAID AGREEMENT in this behalf, he the said C. D. DOTH 
 hereby for himself, his heirs, executors, and administrators, and 
 as a separate covenant, and with the view and intention of 
 binding her separate estate, the said E. D. doth hereby for her- 
 
 Digitized by Microsoft® 
 
MORTGAGES. 675 
 
 self, her heirs, executors, and administrators, covenant with the °^ ^^^ 
 
 •J /~( TT 1 • -1 . . VEBSI0NAR1 
 
 said (jr. H., his executors, administrators, and assigns, that in ™"p^J 
 case and as often as the said A. B., his heirs, executors, adminis- °°''*''"- 
 trators, or assigns, shall neglect or fail to pay the interest on the 
 
 said sum of £ , or any part thereof, for the space of fourteen 
 
 days next after the respective days hereinbefore appointed for 
 payment of such interest, they the said C. D. and E. his wife, or 
 one of them, shall and will pay the interest on the said sum of 
 
 ■£ , or so much of such interest as the said A. B., his heirs, 
 
 executors, administrators, or assigns, shall so for the time being 
 have neglected or failed to pay. 
 In witness, &c. 
 
 No. LXI. 
 
 MORTGAGE by Tenant for Life and Reversioner of 
 their interests in a Residuary estate wnder a Will. 
 
 MOttTOAOE 
 
 BY TENANT 
 
 FOR LIFE 
 
 AND REVEil- 
 
 The Reversioner joins as Surety. ^^°^^'^ °^ 
 
 RfiJIDUARY 
 
 ESTATli 
 
 UNDER A 
 
 THIS INDENTURE, made, &c., Between A. B. of, &c. will. 
 {mortgagor), of the first part, 0. D. of, &c. [surety), of the parties. 
 second part, and E. F. of, &c. (mortgagee), of the third part 
 (Recite ivill of G. H., whereby, after making certain devises and win of 
 bequests, he gave all the residue of his real and personal estate ws death, 
 to trustees wpon trust for sale and conversion, to invest proceeds, ofthewiu, 
 and pay income to A. B. his wife for her life, and on her death 
 to divide the principal between sons attaining twenty-one, and 
 daughters attaining twenty -one or marrying, in equal shares — 
 Death of testator and probate of his will) : And whereas there tS? hid**' 
 were issue of the said G. H. two children and no more, and the dSlrtn" 
 said 0. D. is one of such children, and he has attained the age revei^oner 
 of twenty-one years : And whereas the said E. F. hath agreed '^ ''°*' 
 to lend to the said A. B. the sum of £ , on having the re- 
 payment thereof with interest secured to him in the manner 
 hereinafter expressed : A!nd whereas the said C. J), hath TeraiSner 
 agreed to join in these presents as surety for the said A. B. in tojom^s 
 manner hereinafter mentioned : NOW THIS INDENTURE ''"'*^- 
 WITNESSETH, that in pursuance of the aforesaid agreement, 
 
 Digitized by Microsoft® 
 
676 
 
 MORTGAGES. 
 
 MORTGAGE 
 BY TENANT 
 FOB LIFE 
 AND REVEE- 
 SIONER or 
 RESIDUARY 
 
 ESTATE 
 
 UNDER A 
 
 WILL. 
 
 Considera- 
 tion. 
 
 Tenant for 
 lifn 
 
 and re- 
 versioner 
 
 assign life 
 interest 
 and rever- 
 sion 
 
 to mort- 
 
 subject to 
 proviso for 
 redemption. 
 
 Proviso for 
 redemption. 
 
 Joint and 
 several 
 covenants 
 by tenant 
 for life and 
 reversioner 
 to pay prin- 
 cipal and 
 interest. ' 
 
 and in consideration of the sum of £ to the said A. B. now 
 
 paid by the said E. F. (the receipt, dc), the said A. B. as to 
 the life estate, interest, and property firstly hereinafter de- 
 scribed or referred to, and the said 0. D. as to the moiety and 
 _ property secondly hereinafter described or referred to, do hereby 
 respectively assign unto the said E. F., his executors, adminis- 
 trators, and assigns, Fibst all the estate and interest of the 
 said A. B. for her own life under or by virtue of the said 
 recited will in the residuary real and personal estate thereby 
 devised and bequeathed, and in the monies produced and to 
 be produced by the sale and conversion thereof, and in the 
 stocks, funds, securities, and properties of which the same re- 
 spectively may for the time being consist, or by which the 
 same respectively may for the time being be represented : And 
 SECONDLY ALL that the One undivided moiety or equal half part 
 of the said C. D., under or by virtue of the said recited will ex- 
 pectant on the decease of the said A. B., in the same residuary 
 real and personal estate, monies, stocks, funds, securities, and 
 properties {and all the estate, dc.) : To have and to hold the 
 life estate and interest, moiety or equal half part and other the 
 premises hereby assigned, or expressed so to be (hereinafter 
 called " the premises hereby assigned "), unto the said E. F., 
 his executors, administrators, and assigns, subject nevertheless to 
 the proviso for redemption hereinafter contained : Provided 
 ALWAYS, that if the said A. B. and C. D., or either of them, or 
 the heirs, executors, administrators, or assigns of them, or 
 
 either of them, shall on the day of , pay to the said 
 
 E. F., his executors, administrators, or assigns, the sum of 
 
 £ , with interest for the same after the rate of £ per 
 
 cent, per annum, computed from the date of these presents, 
 then and in such case the premises hereby assigned, or ex- 
 pressed so to be, shall at any time thereafter, at the request of 
 the said A. B. or her assigns, or of the said C. D., his execu- 
 tors, administrators, or assigns, but at the cost of the said A. B., 
 her heirs, executors, or administrators, be reassigned to the said 
 A. B. or her assigns, and the said C. D., his executors, adminis- 
 trators, and assigns, according to their respective estates 
 and interests respectively, or as they respectively shall 
 direct : -AlND the said A. B. and C. D. do hereby for them- 
 selves, and each of them doth hereby for herself and himself, 
 and her and his heirs, executors, and administrators, covenant 
 with the said E. F,, his executors, administrators, and assigns, 
 
 Digitized by Microsoft® 
 
MORTGAGES. 677 
 
 that they the said A, B. and C. D., or one of them or the mo«toage 
 
 , . ... ' BY TKNANr 
 
 neirs, executors, administrators, or assigns of them, or one of ™'' """^ 
 them, will (Covenant to pay principal money and interest, H^f^^y 
 suprd, p. 516) : And the said A. B. as to the life estate, „^}r^ 
 
 , ' UNDER A 
 
 interest, and premises firstly hereinbefore assigned, and the ^"■'- 
 said C. D. as to the moiety and premises secondly hereinbefore t^^nan? 
 assigned, do hereby for themselves respectively, and for their '■"■"'''? *°"i 
 
 , L ■/ ' 6 vers 101161' 
 
 respective heirs, executors, and administrators, covenant with 
 the said E. F., his executors, administrators, and assigns, that 
 the said A. B. and C. D. now have good right to assign the tor right to 
 premises hereby assigned, or expressed so to be, unto the said*"''*^' 
 E. F., his executors, administrators, and assigns, in manner 
 aforesaid: And that free from all incumbrances: And free from 
 FURTHER that the said A. B. and C. D. respectively, and all £";, 
 other persons having or lawfully or equitably claiming any in- Jjif'"' 
 terest in the premises hereby assigned, or expressed so to be, "ssuranoo. 
 or any part thereof, shall and will at all times hereafter, upon 
 the request of the said E. F., his executors, administrators, or 
 assigns, and at the cost during the continuance of this security 
 of the said A. B. and C. D., or one of them, or the heirs, execu- 
 tors, administrators, or assigns of them, or one of them, and 
 afterwards of the person or persons requiring the same, do and 
 execute [Covenant for further assurance, see suprd, p. 672) : 
 And it is hereby declared, that it shall be lawful for the Power of 
 said E. F., his executors, administrators, or assigns, at any time ^^°' 
 or times, without any further consent on the part of the said 
 A. B. and C. D., or either of them, or of any other persons or 
 person, to sell the premises hereby assigned, or expressed so 
 to be ( Power of Sale, see suprd, p. 517) : And it is hereby Deoiara- 
 DECLARED, that the said E. F., his executors, administrators, ^^^o monies. 
 or assigns, shall with and out of the monies to arise from any 
 such sale as aforesaid, in the first place pay and retain the 
 costs and expenses attending such sale, or otherwise incurred 
 in relation to this security, and in the next place pay and 
 satisfy the monies which shall then be owing upon the security 
 of these presents, and shall pay the surplus (if any) to the said 
 A. B. and C. D. respectively, or their respective executors, ad- 
 ministrators, or assigns, according to their respective estates 
 and interests therein: Provided always, and it is hereby Power 
 declared that the aforesaid power of sale shall not be exercised exercised 
 
 until after 
 
 unless default is made in payment of the said sum of £ , or <»'^in 
 
 , . If in -1 events. 
 
 the interest thereof, or some part thereof respectively, on the 
 
 Digitized by Microsoft® 
 
678 
 
 MORTGAGES. 
 
 MORTOAGE 
 BY TENANT 
 FOB LIFE 
 
 said day of , and also for the space of six calendar 
 
 AN™KEVEE- months next after a notice in writing requiring such payment, 
 
 KEsiDUARy shall by or on behalf of the said E. F,, his executors, adminis- 
 
 UNDEB A trators, or assigns, have been given to the said A. B. and C. D., 
 
 '■ — or one of them, or the heirs, executors, or administrators of 
 
 them, or one of them, or left at the usual or last known place 
 or respective places of abode in England or Wales, of the said 
 A. B. and C. D., or one of them, or the heirs, executors, or 
 administrators of them, or one of them, or unless default shall 
 be made in some half yearly "payment of interest, or some part 
 thereof, for the space of three calendar months after the time 
 hereby appointed for such payment {Purchaser not hound to 
 inquire as to default, dc, see suprd, p. 518 — Proviso that for- 
 bearance by mortgagee shall not affect liability of surety, suprd, 
 p. 578.) 
 In witness, &c. 
 
 No. LXII. 
 
 AGKEEMENT AGREEMENT for Mortgage of Freehold and Lease- 
 tor '' "^ 
 
 MORTGAGE. HOLD PROPERTY accompanied by deposit of Lease. 
 
 Parties. THIS INDENTURE, made the day of , Between 
 
 A. B. of, &c. (mortgagor), of the one part, and C. D. of, &c. 
 f°eement' ("mortgagee), of the other part : Whereas the said A. B. hath 
 for advance, requested the said C. D. to lend him the sum of £3000, which 
 the said C. D. hath agreed to do upon having the repayment 
 thereof with interest secured to him by a mortgage of the free- 
 hold hereditaments at , in the county of , described in 
 
 the schedule hereto, and by an equitable mortgage of certain 
 
 leasehold premises at , in the county of , held under 
 
 an indenture of lease; dated the day of ' , and made 
 
 between of the one part, and of the other part, and 
 
 by such further stipulations in relation thereto as are herein- 
 
 That title after contained : And whereas the title to the said freehold 
 
 has not been hereditaments cannot be forthwith made out and investigated, 
 
 gated. but the said A. B. having immediate occasion for the sum of 
 
 £1000, part of the said sum of £3000, hath requested the said 
 
 C. D. to advance him the same at once, and as an inducement 
 
 Deposit of to him so to do hath deposited with him the said indenture of 
 
 lease (as he the said C. D, doth hereby acknowledge), and hath 
 
 Digitized by Microsoft® 
 
 lease. 
 
MORTGAGES. 679 
 
 also agreed to execute these presents : NOW THIS INDEN- aqeeemest 
 TURE WITNESSETH, that in consideration of the sum of '">«^°^««- 
 £1000 (part of the said intended loan of £3000) to the said J^°'™« 
 A, B. paid by the said 0. D. on or immediately before the Mortgagor, 
 execution oi these presents [the receipt, c&c), and also in con- sideration 
 sideration of the further sum of £2000 (residue of the said in- advance, 
 
 covenants 
 
 tended loan of £3000) which is intended to be advanced by the that lease 
 said C. D. to the said A. B. on the execution of the mortgage ofseeanty, 
 the freehold hereditaments hereinafter mentioned, he the said 
 A. B. doth hereby for himself, his heirs, executors, administrators, 
 and assigns, covenant with the said C. D., his executors, adminis- 
 trators, and assigns, that the said indenture of lease, and the 
 said leasehold hereditaments and premises comprised therein 
 shall be a security for the payment to the said C. D., his 
 executors, administrators, and assigns, by the said A. B., his 
 heirs, executors, or administrators, as well of the said sum of 
 
 £1000, with interest for the same after the rate of £ per 
 
 cent, per annum, to be computed from the date of these presents, 
 as also of the said further sum of £2000, residue of the said 
 intended loan of £3000, with interest for the same, after the 
 rate aforesaid, to be computed from the time or respective times 
 of lending the same ; and also that the said A. B. shall and will, ^'\^l\^ 
 within one calendar month from the date hereof, at the expense {^°|*}^°.*° 
 of him the said A. B., his heirs, executors, or administrators, 
 deduce and show a good and marketable title to the said free- 
 hold hereditaments for an estate of inheritance in fee simple in 
 possession, free from incumbrances, and will, upon receipt of the 
 said sum of £2000, the residue of the said intended loan, by all 
 such assurances and other acts in the law as the said C. D., his 
 executors, administrators, or assigns shall require, convey, and 
 assure the said freehold hereditaments unto the said C. D., his ^°^f1™" 
 heirs and assigns, or to such person or persons as he or they mortgagee, 
 shall appoint, by way of mortgage, for further and better securing 
 to the said C. D., his executors, administrators, and assigns,- the 
 repayment of the said sum of £3000, with interest for the same 
 after the rate aforesaid ; and such assurance or assurances by Mortgage 
 
 to contain a 
 
 way of mortgage, or some or one of them, shall contain proper clause not 
 covenants for payment of the principal money and interest there- or ™u in. 
 by secured at the expiration of six calendar months from the date 
 thereof, but nevertheless with provisions restraining the mort- 
 gagor and his representatives from paying off the same within 
 
 Digitized by Microsoft® 
 
680 
 
 MOETGAGES. 
 
 AQREEMENT 
 
 FOR 
 MORTGAGE. 
 
 Coveuant 
 by mort- 
 gagor to pay 
 rent and 
 observe 
 covenants 
 in lease ; 
 
 and to 
 execute an 
 underlease 
 or assign- 
 ment in 
 case of 
 default. 
 
 These 
 presents to 
 be a good 
 equitable 
 security. 
 
 three years, and the mortgagee or his representatives from calKng 
 in the same withinfive years from the date thereof, unless default 
 shall be made in regular paymentof the interest on the half-yearly 
 days of payment to be therein specified, or within twenty-one days 
 after the same respectively : And ALSO that he the said A. B., his 
 heirs, executors, administrators, or assigns, shall and will during 
 the continuance of the security hereby agreed to be made, well 
 and truly pay, observe, and perform the rent and covenants by 
 
 and in the said indenture of lease of the day of 
 
 reserved and contained, And further, that if default shall at 
 any time be made in payment of the interest on the said 
 principal sum of £3000, or any part thereof, for twenty-one 
 days after either of the said half-yearly days of payment, then 
 and in such case he the said A. B., his executors, administrators, 
 or assigns, shall and will, within one calendar month next after 
 he shall have been requested so tp do, execute an assignment 
 or underlease of the said leasehold hereditaments to the said 
 C. D., his executors, administrators, and assigns, or as he or 
 they shall appoint, by way of mortgage, for further and better 
 securing to him or them the repayment of the said sum of 
 £3000, with interest for the same after the rate and in the 
 manner aforesaid, and with such provision, if any, for not paying 
 off and not calling in the said principal sum as shall for the time 
 being be subsisting under or by virtue of the said mortgage, 
 assurance, or assurances so to be made of the said freehold 
 hereditaments as hereinbefore is mentioned: And the said 
 A. B. doth hereby for himself, his heirs, executors, and adminis- 
 trators, further covenant with the said C. D., his heirs, executors, 
 administrators, and assigns, that in the meantime and until the 
 several assurances shall be made and executed as aforesaid, 
 these presents shall enure as a good equitable mortgage of all 
 the said freehold and leasehold hereditaments and premises for 
 securing to the said C. D., his executors, administrators, and 
 assigns, the said sum of £3000, or so much thereof as shall for 
 the time being have been actually advanced by him or them to 
 the said A. B., and the interest thereof after the rate aforesaid, 
 and also as a covenant by the said A. B., for himself, his 
 heirs, executors, and administrators, for the repayment thereof 
 respectively. 
 In witness, &c. 
 The Schedule referred to in the above-written 
 Document. 
 
 Digitized by Microsoft® 
 
MORTGAGES. 681 
 
 No. LXIII. 
 
 MEMORAN- 
 DUM OF 
 
 MEMORANDUM of Deposit of Title Deeds to secure 
 
 a given SuM, and Charge on the Property comprised dbI-osit 
 in the Documents deposited, cmd Agreement to deem. . 
 execute Legal Mortgage if required. 
 
 MEMORANDUM OF AGREEMENT, made and entered 
 
 into this day of , Between A. B. of &c. (mortgagor), 
 
 of the one part, and C. D. of, &c. (mortgagee), of the other 
 
 part : It is hereby agreed between the parties hereto, that Agreement 
 
 in consideration of the sum of £ to the said A. B. paid by deeds com- 
 
 , •i/--iT\ !/• !• !• 1 ■ 1 prised in 
 
 the said U. D. on or before the signature of this agreement, the schedule 
 
 1 , . , 1 • • . , . shall lie 
 
 deeds, evidences, and writings comprised in the schedule hereto security 
 
 ^ for given 
 
 (and which the said A. B. has this day deposited with the '"™- 
 said G D.), shall henceforth be held by the said C. D. as an 
 equitable security for the payment by the said A. B. to the 
 
 said C. D., on the day of next, of the sum of £ , 
 
 together with interest thereon, after the rate of £ per cent. 
 
 per annum, to be computed from the date hereof: And the ^^'^^^^ 
 SAID A. B. doth hereby charge all the hereditaments and pre- ^o^'^^^ 
 raises comprised in the said deeds, evidences, and writings fj^^ 
 respectively, with the payment to the said C. D. of the said 
 sum of £ , and of the interest thereon after the rate afore- 
 said : And doth also agree at any time or times during the ^^o"™* 
 continuance of this security, upon the request of the said C. D., fjfeat^a 
 but at the cost of the said A. B., to execute to the said C. D. ^^fe"n^ 
 a legal mortgage of the said hereditaments and premises Iqi^i"** 
 such form and with such power of sale, and other provisions as 
 the said C. D. may require for further securing the payment as 
 aforesaid of the money which shall then be owing upon the 
 security of this agreement, with interest for the same after the 
 rate aforesaid. 
 In witness, &c. 
 
 The Schedule referred to in the above-written 
 Indenturk 
 
 Digitized by Microsoft® 
 
682 
 
 MORTGAGES. 
 
 No. LXIV. 
 
 MEMORAN- 
 DUM OF 
 
 DEPOSIT OF 
 TITLE DEEDS 
 
 TO SECURE 
 FUTURE 
 
 ADVANCES. 
 
 Agreement 
 that title 
 deeds com- 
 prised in 
 schedule 
 shall be 
 security 
 for given 
 sum and 
 future 
 advances. 
 
 Charge on 
 the property 
 comprised 
 in the 
 deeds. 
 
 Agreement 
 by moi-t- 
 gagor to 
 execute 
 legal mort- 
 gage on 
 request. 
 
 MEMORANDUM of Deposit of Title Deeds, to secure 
 a given Sum and future Advances, and Charge on 
 the Peoperty comprised in the Documents deposited, 
 and Agreement to execute Legal Mortgage ij 
 required. 
 
 MEMORANDUM OF AGREEMENT, made and entered into 
 
 this day of , Between A. B. of, &c. (mortgagor), of 
 
 the one part, and C. D. of, &c. (mortgagee), of the other part : 
 It ts hereby agreed between the parties hereto, that in con- 
 sideration of the sum of £ to the said A. B. paid hy the 
 
 said C. D. on or before the signature of this agreement, and in 
 consideration of such further advances as are hereinafter men- 
 tioned, the deeds, evidences, and writings comprised in the 
 schedule hereto (and which the said A. B. has this day de- 
 posited with the said C D.), shall henceforth be held by the 
 said C. D. as an equitable security for the payment by the said 
 
 A. B. to the said C. D. on the day of next, of the 
 
 sum of £ , together with interest thereon, after the rate of 
 
 £ per cent, per annum, to be computed from the date hereof, 
 
 and also for the payment of such further sum and sums as shall 
 at any time or times hereafter, whilst the said deeds, evidences, 
 and writings shall continue in the possession of the said C. D., 
 be advanced by him to the said A. B., together with interest 
 after the rate aforesaid on all such sum and sums, to be com- 
 puted from the time or respective times of advancing the same 
 respectively, at the expiration of six calendar months from the 
 time or respective times of such respective advances being 
 made : And the said A. B. doth hereby charge all the here- 
 ditaments and premises comprised in the said deeds, evidences, 
 and writings respectively, with the payment to the said C. D. 
 
 of the said sum of £ , and all such further advances as 
 
 aforesaid, and of the interest thereon respectively after the rate 
 aforesaid : And doth also agree at any time or times durin" 
 the continuance of this security, upon the request of the said 
 C. D., but at the cost of the said A. B., to make and execute to 
 the said 0. D. a legal mortgage of the said hereditaments and 
 premises in such form and with such power of sale and other 
 
 Digitized by Microsoft® 
 
MORTGAGES. 683 
 
 powers and provisions as the said C. D. may require for further ^y°^^' 
 securing the payment to the said 0. D. of the moneys which ^^Is^^eeds 
 
 shall then be owing on the security of this agi-eement, with ^'^^^e'^ 
 
 interest thereon after the rate aforesaid. apvasceb. 
 
 , The Schedule keferred to in the above-written 
 Agreement. 
 
 No. LXV. 
 
 MEMORANDUM of Deposit of Title Deeds with a memoran. 
 Joint-Stock Banking Companx- to secure Balance de°p™it of 
 of Account Current. deed" with 
 
 BANKING 
 
 I, THE UNDERSIGNED, A B. of, &c. (mortgagor), do hereby °°"''"^" 
 acknowledge that I have this day deposited with the dmn of de- 
 Joint-Stock Banking Company, at their bank in , the deeds with ° 
 
 deeds, evidences, and writings specified in the schedule here- company 
 
 , . 1 • - 1 1 *" secure 
 
 under written, with intent to create an equitable mortgage balance, 
 upon the property to which such deeds, evidences, aud writings 
 relate, and all the trade and other fixtures which now are or 
 which at any time hereafter may be in, upon, or about the same 
 property, for the purpose of securing the payment to the said 
 company of all moneys which now are or which at any time 
 
 or times hereafter may become due from me, , whether 
 
 alone or in copartnership with any other person or persons in 
 account current with the said company, whoever may be the 
 persons for the time being constituting or composing such 
 company, and under whatever style or firm the banking busi- 
 ness carried on by the said company may be carried on [but 
 so that the money to be ultimately recoverable upon this 
 
 security shall not exceed the sum of £ , this security being 
 
 intended as a guarantee of a final balance on account current 
 with the said company, not exceeding that amount (a)]. 
 Dated the day of , 18 — . 
 
 The Schedule above referred to. 
 
 (a.) The words within brackets are not necessary under the present stamp 
 law. 
 
 Digitized by Microsoft® 
 
684 MORTGAGES. 
 
 No. LXVI. 
 FUBTHER DEED of Further Charge {by indorsement). 
 
 CHARGE BY 
 
 '^^''- THIS INDENTURE, made the day of , Between 
 
 parties. *'he within-named A, B. {mortgagor), of the one part, and the 
 Recite that within-named C. D. (mortiiaqee), of the other part: Whereas 
 money is the within-mentioned sum of £1000 is still owing to the said 
 A. B. on the security of the within-written indenture, but all 
 interest for the same has been paid up to the date of these 
 Agreement presonts : And WHEREAS the Said C. D. hath agreed to lend 
 iXanoe."' to the Said A. B. the further sum of £500, on having the re- 
 payment thereof, with interest, secured to him in the manner 
 Witnessing hereinafter expressed: NOW THIS INDENTURE WIT- 
 NESSETH, that in pursuance of the said agreement, and in 
 consideration of the sum of £500 paid to the said A. B. by 
 the said C. D. on or before the execution of these presents 
 Covenant (the receipt, tvhereof, d-c.), he the said A. B. doth hereby for 
 g^oifto himself, his heirs, executors, and administrators, covenant with 
 advance and the Said C. D., his executors, administrators, and assigns, that 
 he the said A. B., his heirs, executors, administrators, or assigns 
 
 ■will, on the day of next (a), pay unto the said C. D., 
 
 his executors, administrators, or assigns, the sum of £500, 
 with interest for the same after the rate of £ — per cent, per 
 annum, computed from the date of these presents : And if the 
 said principal sum shall not be paid on that day, then will pay 
 to him or them interest thereon after the rate aforesaid by 
 
 equal half-yearly payments, on the day of , and the 
 
 day of in every year, until the same principal sura 
 
 Declaration shall be fuUy paid : And it is hereby AGREED AND DECLARED, 
 
 pertycom- that all and singular the lands and hereditaments comprised 
 
 prised in i i • iii-.. 
 
 mortgage m and granted or otherwise assured by the within-written inden- 
 
 shall be a . . ' 
 
 security for turc shall Stand charged with and remain a security for the 
 
 further as • i ^ -i-v • 
 
 otUmi payment to the said C. D., his executors, administrators, and 
 
 advance. assigus, as Well of the said sura of £500 and the interest for 
 
 the same, pursuant to the aforesaid covenant in that behalf, as 
 
 (a) This should be the next half-yearly day for payment of interest men- 
 tioned in the mortgage deed. 
 
 Digitized by Microsoft® 
 
.MORTGAGKS. 685 
 
 of the within-mentioned sum of £1000 and the interest for the oSkIe'^bv 
 same, pursuant to the provisions of the -within-written inden- "'^^^' 
 ture, and shall not be redeemed or redeemable until both the 
 said principal sums, and the interest thereof respectively, shall 
 
 be fully paid and satisfied : And it is hereby ALSO AGREEB Declaration 
 
 1-1 /» T 1-111 *^^* P™" 
 
 AND DECLARED, that the power of sale and all other the powers visions in 
 
 J . . . 1 , , . , mortgage 
 
 and provisions contained in the within-written indenture for shau extend 
 
 . , to further 
 
 raising and secunng the payment to the said C. D., his exe- ?<i™n<=e and 
 cutors, administrators, and assigns, of the within-mentioned 
 sum of £1000 and the interest thereof, shall extend to the said 
 sum of £500 and the interest thereof, and be available for 
 raising and securing the payment of the same. 
 In witness, &c. 
 
 J^o. LXVII. 
 DEED of Further Charge {not by indorsement). fceiheb 
 
 CHAROE, 
 
 THIS INDENTURE, made the day of , Between Parties. 
 
 A. B. of, &c. (mortgagor), of the one part, and C. D. of, &c. 
 (mortgagee), of the other part : Whereas by an indenture Recite 
 dated, &c., and made between the said A. B. of the one part, ' "^^^ 
 and the said C. D. of the other pai't. All that, &c. (parcels), 
 were gi'anted or otherwise assured by the said A. B. unto and 
 to the use of the said C. D., his heirs and assigns, subject to a 
 proviso therein contained for redemption of the said premises 
 upon payment by the said A. B., his heirs, executors, adminis- 
 trators, or assigns, unto the said C. D., his executors, adminis- 
 trators, or assigns, of the sum of £1000, with interest for the 
 
 same after the rate of £ — per cent, per annum, on the 
 
 day of then next : And whereas the said sum of £1000 
 
 is still owing, &c. (the same as last Precedent to the end, sub- 
 stituting the words " the hereinbefore recited indenture," for 
 " the within-written indenture," throughout). 
 In witness, &c. 
 
 Digitized by Microsoft® 
 
686 
 
 MORTGAGES. 
 
 No. LXVIII. 
 
 FURTHER 
 
 CHARGE 
 
 AND 
 
 COLLATERAL 
 
 SECURITY. 
 
 Parties. 
 
 Agreement 
 for further 
 advance. 
 
 Witnessing 
 part. 
 
 Covenant to 
 pay prin- 
 cipal and 
 interest, 
 and further 
 charge. 
 
 Agreement 
 that mort- 
 gagee shall 
 hold new 
 policy. 
 
 subject to 
 same right 
 of redemp- 
 tion, &c. 
 as former 
 policy. 
 
 FURTHER Charge on a Life Interest and Policy 
 of Assurance Previously Mortgaged, and Col- 
 lateral Security on a New Policy effected in the 
 Name of the Mortgagee (by endorsement on Pre- 
 cedent No. XXVI). 
 
 THIS INDENTURE, made the day of , Between 
 
 the within-named A. B. {mortgagor), of the one part, and the 
 within-named C. D. {mortgagee), of the other part {Recite that 
 'principal money remains owing, supra, p. 684) : And whereas 
 the said C. D. hath agreed to lend to the said A. B. the further 
 sum of £500, upon having the repayment thereof, with interest 
 for the same, secured to him in the manner hereinafter ex- 
 pressed : And whereas by a policy {Recite policy on the life 
 ofA.B. in the name of C. D., suprd, p. 576) : NOW THIS IN- 
 DENTURE WITNESSETH, that in pursuance of the afore- 
 said agreement, and in consideration, &c. {Covenant by mort- 
 gagor to pay principal and interest, supra, p. 516) : And IT IS 
 hereby agreed and declared that the dividends, interest, 
 and annual produce, and policy of assurance comprised in the 
 within-written indenture shall stand charged, &c. {as in Pre- 
 cedent No. LXVI., to the end, p. 684) : And it is hereby 
 AGREED AND DECLARED, that the said C. D., his executors, ad- 
 ministrators, and assigns, shall stand possessed of the herein- 
 before recited policy of assurance and the moneys thereby 
 assured, subject to the same right of redemption, and upon, 
 with, and subject to the same trusts, power of sale, and other 
 powers and provisions as are now subsisting in or affect the 
 within-mentioned policy of assurance, and the moneys thereby 
 assured, under or by virtue of the within -written indenture, 
 and the further charge hereinbefore made, or expressed so to 
 be {Covenants by A. B. to keep on foot " the hereinbefore re- 
 cited policy," and " otherwise in relation thereto " — see suprd, 
 Precedent No. XXV., p. 577). 
 In witness, &c. 
 
 Digitized by Microsoft® 
 
MORTGAGES. 687 
 
 MORTOAOE 
 OF 
 
 FREEHOLDS. 
 
 No. LXIX. 
 TRANSFER of a Mortgage of Freeholds, without the ■^'^f^ 
 
 CONCURRENCE of the MORTGAGOR (a). 
 
 THIS INDENTURE, made the day of , Between 
 
 A. B. of, &c. (mortgagee), of the one part, and C. D. of, &c. 
 {transferee), of the other part : Whereas by an indenture ^"^^ 
 dated, &c., and made between G. H. (mortgagor), of the one 
 part, and the said A. B. of the other part, the said G. H. in 
 
 consideration of the sum of £ , paid to him by the said A. B., 
 
 did grant unto the said A. B., his heirs and assigns, All 
 that, &c. (set out parcels as in indenture of mortgage), To 
 HOLD the same unto and to the use of the said A. B., his heirs 
 and assigns, subject to a proviso therein contained for redemp- 
 tion of the said premises upon payment by the said G. H., his 
 heirs, executors, administrators, or assigns, to the said A. B., 
 
 his executors, administrators, or assigns, of the sum of £ , 
 
 with interest thereon, after the rate of £ per centum per 
 
 annum on the day of then next ensuing : And That mort- 
 
 -1 .1..-, n n ••n* i gagft debt is 
 
 whereas the said prmcipai sum or £ is still owing to the stiudue. 
 
 said A. B. on the security of the hereinbefore recited indenture, 
 but all interest for the same has been paid up to the date of 
 these presents : And whereas the said C. D. hath agreed to ^ki^™'"' 
 
 pay to the said A. B. the sum of £ , on having a transfer {^^^^"J^ 
 
 of the said mortgage debt and the interest thereof, and the se- ""^^^f^"^ 
 curities for the same, in manner hereinafter mentioned : NOW 
 THIS INDENTURE WITNESSETH, that in pursuance of 
 
 the said agreement, and in consideration of the sum of £ ■ 
 
 to the said A. B. paid by the said C. D. on or before the execu- 
 
 (a) As a general rule, the mortgagor should be made a party to the trans- 
 fer of the mortgage, in order to obtain his admission that the money remains 
 owing. 
 
 Where a mortgagee ■without the concurrence of the mortgagor, and 
 without first calling on him to redeem, assigns his mortgage, he cannot 
 add the costs of the transfer to his mortgage. (Radclitfe, In re, 2 Jur. 
 N. S. 379.) 
 
 It is not necessary that the mortgage debt should be assigned on a transfer 
 in order to retain its priority (Phillips v. Gutteridge, 4 De G. & J. 531) ; 
 but it is always prudent to do so when the mortgagor is a party, in order to 
 show that the transferee is depending on the old security. (Watts v. Symes, 
 1 De G. Mac. & Gor. 240.) 
 
 Digitized by Microsoft® 
 
'688 MORTGAGES. 
 
 TRANSFER ^Jqq q£ thesc pteseiits (the receipt lohereof, dc), The SAID A. B. 
 doth hereby assign unto the said C. D., his executors, adminis- 
 trators, and assigns, All that the said principal sum of £- 
 
 MOIWQAGE 
 
 OF 
 
 FREEHOLDS 
 
 Assignment secured bv the hereinbefore recited indenture as aforesaid, and 
 
 of mortgage "^ ' 
 
 intoe™* ^^ interest henceforth to become due in respect of the same, 
 and the And THE FULL BENEFIT of the Covenants, power of sale, and 
 covenants, Other powors and provisions contained in the same indenture 
 for securing the payment of the same principal sum and in- 
 terest (a) : And all the right, title, and interest of him the 
 absofutdy.'* Said A. B., to and in the said moneys and premises, To have, 
 EECEIVE, AND TAKE the Said principal sum and interest, and all 
 other the premises hereby assigned, or expressed so to be, unto 
 the said C. D., his executors, administrators, and assigns, abso- 
 SSoids lutely : AND THIS INDENTURE ALSO WITNESSETH, 
 that in pursuance of the said agreement, and for the con- 
 sideration aforesaid, The said A. B. doth hereby grant unto 
 the said C. D., his heirs and assigns. All and singular the 
 messuages, lands, hereditaments, and premises comprised in and 
 granted or otherwise assured by the hereinbefore recited inden- 
 to trans- ture {and all the estate, dc.) : To have and to hold the 
 hereditaments and premises hereby granted, cJr expressed so to 
 be, unto and to the use of the said C. D,, his heirs and assigns, 
 subject to subject to such right or equity of redemption as is now sub- 
 ledemption. sisting in the said premises under or by virtue of the herein- 
 covenant^by before recitcd indenture : And the said A. B. doth hereby 
 cumbrances ^^"^ himself, his heirs, executors, and administrators, covenant 
 with the said C. D., his heirs, executors, administrators, and 
 assigns, that he the said A. B. hath not at anytime done or know- 
 ingly suffered or been party or privy to any act, deed, or thing 
 whereby he is prevented from assigning and granting the said 
 principal sum and interest, hereditaments and premises respec- 
 tively in manner aforesaid, or whereby the same respectively, 
 or any part thereof respectively, are, is, or may be in any wise 
 incumbered. 
 In witness, &c. 
 
 (a) A power of attorney is no longer necessary, as the debt passes at 
 law, if notice is given to the mortgagor. See 36 & 37 Vict. c. 66, sec. 25, 
 subsect. 6. 
 
 Digitized by Microsoft® 
 
MORTGAGES. 689 
 
 No. LXX. 
 TRANSFER of a Mortgage of Freeholds without the transfer 
 
 OP 
 
 CONCURRENCE of the MORTGAGOR Q)'u indorsement). mortoaqe 
 
 •^ ^ "^ ' BV INDORSE- 
 
 THIS INDENTURE, made, &c.. Between the within-named '"""■ . 
 A. B. of, &c. (transferor), of the one part, and C. D. of, &c. 
 (transferee), of the other part : Whereas the within-mentioned 
 
 principal sum of £ is still owing to the said A. B. on tlie 
 
 security of the within-written indenture, but all interest, &c. 
 (same as last Precedent to the end, substituting the words, 
 " the within- written indenture," for " the hereinbefore recited 
 indenture," throughout). 
 In witness, &c. 
 
 No. LXXI. 
 
 MOUTOAOOR 
 JylNB. 
 
 TRANSFER of a Mortgage of Freeholds where the transfer 
 Mortgagor joins. , 
 
 THIS INDENTURE, made the day of , Between 
 
 •^ Parties. 
 
 A. B. of, &c (mortgagee), of the first part, C. D. of, &c. (mort- 
 gagor), of the second part, and E. F. of, &c. (transferee), of the 
 third part (Recite mortgage of freeholds by C. D. to A. B. — that 
 mortgage debt is still due, suprd, p. 687) : And whereas the Recite 
 said E. F., at the request of the said C. D., has agreed to pay tS'trStr. 
 
 to the said A. B. the sum of £ on having a transfer of the 
 
 said mortgage debt, and the interest thereof, and the securities 
 for the same, in manner hereinafter mentioned : NOW THIS First wit- 
 INDENTURE, &c. (assignment of mortgage debt and interest, pSt™^ 
 as in Precedent, No. LXIX., suprd, p. 688) : AND THIS Transfer of 
 INDENTURE ALSO WITNESSETH, that in further pur- "eb"?"^" 
 suance of the said agreement, and for the consideration afore- ^taMsing 
 said, the said A. B. doth hereby grant, and the said C. D. doth ^'''^' 
 hereby grant and confirm unto the said E. F., his heirs and 
 assigns. All, dc. (parcels, general words, and all the estate, dc.) : 
 
 VOL. I. V Y 
 
 Digitized by Microsoft® 
 
690 
 
 MORTGAGES. 
 
 TRANSFER 
 
 WHERE 
 
 MORTOABOB 
 
 JOINS. 
 
 Mortgagee 
 and mort- 
 gagor 
 convey 
 freeholds 
 to trans- 
 feree, 
 subject to 
 equity of 
 redemption. 
 
 To HAVE AND TO HOLD the hereditaments and premises hereby- 
 granted, or expressed so to be, unto and to the use of the said 
 E. F., his heirs and assigns for ever, subject to such right or 
 equity of redemption as is now subsisting therein by virtue of 
 the hereinbefore recited indenture (Covenant by A. B. against 
 incumbrances, suprd, p, 688), 
 In witness, &o. 
 
 TRANSFER 
 
 WITH NEW 
 
 PROVISO FOR 
 
 REDEMPTION 
 
 AND POWER 
 
 OF SALE. 
 
 Parties. 
 
 Agreement 
 for loan. 
 
 First wit- 
 nessing 
 part. 
 
 Transfer of 
 
 mortgage 
 
 debt 
 
 No. LXXII. 
 
 TRANSFER 0/ Mortgage, where the Mortgagor joiras — 
 New Proviso for. Redemption, Covenants, and 
 Power of Sale (a). 
 
 THIS INDENTURE, made the day of , Between 
 
 A. B. of, &c. (mortgagee), of the first part, C. D., of, &c. (mort- 
 gagor), of the second part, and E. F. of, &c., G. H. of, &c., 
 and I. K. of, &c. (transferees), of the third part (Recite mort- 
 gage of freeholds by C. D. to A. B. — that mortgage debt is 
 still due, suprd, p. 687) : And whereas the said E. F., G. H., 
 and I. K., at the request of the said C. D., have agreed to pay 
 
 to the said A. B. the sum of £ upon having a transfer 
 
 of the said mortgage debt, and the interest thereof, and the 
 securities for the same, and upon having the repayment of 
 
 the said sum of £ , with interest thereon after the rate 
 
 of £ per cent, per annum, further secured in the manner 
 
 hereinafter expressed: NOW THIS INDENTURE WIT- 
 NESSETH, that in pursuance of the said agreement in this 
 
 behalf, and in consideration of the sum of £ , on or 
 
 before the execution of these presents, paid to the said A. B. 
 by the said E. F., G. H., and I. K., out of moneys belong- 
 ing to them on a joint account in equity as well as at law 
 (the receipt, dc). The said A. B. doth hereby assign unto the 
 said E. F., G. H., and I. K., their executors, administrators, 
 
 (a) The above Precedent will be used in preference to No. LXXI. in 
 cases where the covenants and powers in the original mortgage are inferior 
 in point of eificaoy to those usually inserted in modern mortgages, or 
 where, for any reason, they will not be readily or conveniently available to 
 the transferee. 
 
 Digitized by Microsoft® 
 
MORTGAGES. 691 
 
 and assigns. The said principal sum of £ secured bv the transfer 
 
 , , ./ WITH NEW 
 
 hereinbefore recited indenture, and the interest henceforth '"ko"'*" ^"^ 
 
 ' REDEMPTION 
 
 to become due for the same, and the benefit of all securities *™ power 
 
 OF SALE. 
 
 for the same : And all the right, title, and interest of the tJT"^^; 
 
 A. B. to and in the same : To have, receive, anei ^"^™»- 
 TAKE the said principal sum and interest and other the pre- 
 mises hereby assigned, or expressed so to be, unto the said 
 E. F., G. H., and I. K., their executors, administrators, and 
 assigns absolutely : AND THIS INDENTURE ALSO WIT- second 
 
 ° *^ ^ ' witnessing 
 
 NESSETH, that in further pursuance of the aforesaid agree- p^^. 
 ment, and for the consideration aforesaid, he the said A. B. doth 
 hereby grant, and the said C. D. doth hereby grant and confirm 
 unto the said E. F., G. H., and I. K., their heirs and assigns, 
 All, &c. ( parcels, general words, all the estate, dec.) : To have Grant of 
 
 ' % ,. ' , . , , , freeholds 
 
 AND TO HOLD the hereditameats and premises hereby granted, t" trans- 
 or expressed so to be, unto and to the use of the said E. F., subject to 
 
 ^ ^ _ ^ ^ new proviso 
 
 G. H., and I. K., their heirs and assigns, freed and discharged forrodemp- 
 from all right or equity of redemption now subsisting therein 
 under the hereinbefore recited indenture, but subject to the 
 proviso for redemption next hereinafter contained {Proviso 
 for redemption — covenant to pay principal sum and interest, 
 p. 525 — declaration that money belongs to transferees on a 
 joint account, suprd, p. 525, substituting C. D. for A. B., and 
 E. F., G. H., and I. K., for C. D., E. F., and G. H. through- 
 out — covenant by A. B. against incumbrances, suprd, p. 688) : 
 And the said C. D. doth hereby for himself, his heirs, execu- 
 tors, and administrators, covenant with the said E. F., G. H., 
 and I. K., their heirs and assigns, that the said C. D. and A. B. 
 now have good right to grant, &c. {Covenants for title — power 
 of sale and subsidiary clauses, see suprd, pp. 525, 526, 527, sub- 
 stituting as above). 
 In witness, &c. 
 
 Y Y 2 
 
 Digitized by Microsoft® 
 
692 MORTGAGKS. 
 
 FREEHOI.BS 
 WHERE FUR- 
 
 No. LXXIII. 
 
 TRANSFER 0/ Mortgage o/ Freeholds where a further 
 sum is advanced to the Mortgagor (a). 
 
 THER BUM ,a THIS INDENTURE, made the day of ^.Between 
 
 A. B. of, &c. (transferor), of the first part, C. D. of, &c. (mort- 
 gagor), of the second part, and E. F. of, &c. (transferee), of 
 the third part (Recite mortgage of freeholds to secure £500 
 Eecitethat and interest) : And whereas the said principstl sum of £500 
 debtisstiu is Still owing on the security of the hereinbefore recited inden- 
 ture, but all interest on the same has been paid up to the date 
 Agreement of these presents : And whereas the said E. F. hath agreed, at 
 
 for transfer, ^ ^ o -t • , /s t^ * •t*-i-»i 
 
 andfor the request of the said C. D., to pay to the said A. B. the sum 
 ftirther of £500, on having a transfer of the said mortgage debt and the 
 
 advance. . ' ° ° ° 
 
 interest thereof, and the securities for the same, and to lend to 
 the said C. D. the further sum of £200, on having the repay- 
 ment thereof, as well as of the said sum of £500, with interest 
 for the same respectively, secured in the manner hereinafter 
 consider*, expressed : NOW THIS INDENTURE WITNESSETH, that 
 
 tion to . 
 
 mortgagee, m pursuance of the said agreement in this behalf, and in con- 
 sideration of the sum of £500 to the said A. B. paid by the 
 said E. F. on or before the execution of these presents, at the 
 request and by the direction of the said C. D. (testified by his 
 
 o/mOTSe executing these presents), (the receipt, &c.), he the said A. B. 
 
 'i^*'*- doth hereby assign unto the said E. F., his executors, adminis- 
 
 trators, and assigns. The said principal sum of £500 secured 
 by the hereinbefore recited indenture and the interest hence- 
 forth to become due for the same, and the benefit of all secu- 
 
 Modes of («) There are two modes of preparing a transfer of a mortgage, where a 
 
 prepmng further sum is at the same time advanced by the transferee : — (1) The 
 where'fur- pMperty may he conveyed free from all right of redemption under the 
 thersumis mortgage deed, with a new proviso for redemption on payment of the 
 advanced, aggregate of the former debt and the new advance, and with a new 
 power of sale, — which is the plan adopted in the above Pre'cedent ; or 
 (2) The mortgage may be transferred in the usual way, the transfer being 
 followed by a further charge for the new advance, and the power of sale 
 and other powers of the original mortgage being kept on foot, and ex- 
 tended to the new advance. This plan is adopted in the next Precedent. 
 See Bo^d v. Petrie, L. E,. 7 C. A. 385, as showing that it requires a strong 
 case to induce the Court to decide against the continuance of the old power 
 of sale. 
 
 Digitized by Microsoft® 
 
WHERE FUR- 
 THER SUM 18 
 ADVANCED. 
 
 MOETGAGES. 693 
 
 rities for the same : And all the right, title, and interest of the „ob™aoe 
 said A. B. to and in the same : To SAVE, receive, and take pbeeholds 
 the said principal sum and interest and other the premises 
 hereby assigned, or expressed so to be, unto the said E. F., his 
 executors, administrators, and assigns absolutely : AND THIS 
 INDENTURE ALSO WITNESSETH, that in further pur- 
 suance of the said agreement in this behalf, and in considera- 
 tion of the said sum of £500 paid by the said E. F. to the said 
 A. B. as aforesaid, and also in consideration of the sum of £200 ti°°'j^^™' 
 to the said 0. D. paid by the said E. F. on or before the execu- marts'*'"-- 
 tion of these presents (the receipt of which sum of ^£200 the 
 said C. D. doth hereby acknowledge, and from the same doth 
 hereby release the said E. F.), he the said A. B. doth hereby 
 grant, and the said C. D. doth hereby grant and confirm unto 
 the said E. F., his heirs and assigns, All, &c. (parcels, gfenera? Grant of 
 words, all the estate, dc), To have and to hold the heredita- transferse. 
 ments and premises hereby granted, or expressed so to be, 
 unto and to the use of the said E. F., his heirs and assigns, 
 freed from all right or equity of redemption by virtue of the 
 said recited indenture, but subject to the proviso for redemption 
 hereinafter contained: Provided always, that if the said P™^9ojnr 
 C. D., his heirs, executors, administrators, or assigns, shall on "^^pX'""' 
 
 the day of next pay to the said E. F., his executors, ^»™^' 
 
 administrators, or assigns, the said several sums of £500 and 
 £200 (making together the sum of £700), with interest for the 
 same after the rate of f — per cent, per annum, to be computed 
 from the date of these presents, then and in such case the 
 hereditaments and premises hereby granted, or expressed so to 
 be, shall at the request and cost of the said C. D., his heirs or 
 assigns, be reconveyed to him or them, or as he or they shall 
 direct : {Covenants by C. D. for payment of the principal sum 
 of £700 and interest, supra, p. 516~covenantby A. B. against 
 incumbrances, suprd, p. 688 — absolute covenants by C. D. for 
 title — power of sale and subsidiary clauses, suprd, pp. 517, 518, 
 519, substituting E. F. for C. D., and C. D.for A. B.). 
 
 Digitized by Microsoft® 
 
694 
 
 MORTGAGES. 
 
 No. LXXIV. 
 
 MORTGAGE 
 Of 
 
 LEASEHOLDS 
 WHERE FUB- 
 THBR SUM. IS 
 
 ADVANCED. 
 
 TEANSFER of a Mortgage of Leaseholds, where a 
 FuRTHEE Sum is Advanced to the Mortgagor. 
 
 THIS INDENTURE, made the 
 
 day of 
 
 Between 
 
 Parties. 
 
 First 
 
 witnessing 
 
 part. 
 
 Second 
 
 witnessing 
 
 part 
 
 Assignment 
 of lease- 
 holds. 
 
 To hold to 
 transferee 
 for residue 
 of temi, 
 subject to 
 Buhsi,sting 
 equity of 
 redemption. 
 
 A. B. of, &c. (transferor), of the first part, C. D. of, &c. 
 (mortgagor), of the second part, and E. F. of, &c. (transferee), 
 of the third part (Recite lease, and mortgage of leaseholds to 
 secure £500 and interest — that mortgage debt is still owing 
 — agreement by E. F. to pay same and to advance further 
 sum to C. D., supra, p. 692) : NOW THIS INDENTURE 
 WITNESSETH, that, &c. (Assignment by A. B. to E. F. of 
 mortgage debt, dc, supra, p. 688) : AND THIS INDENTURE 
 ALSO WITNESSETH, that in further pursuance of the said 
 agreement, and in consideration of the sum of £500 paid- by 
 the said E. F. to the said A. B. as aforesaid, and in considera- 
 tion also of the sum of £200 paid by the said E. F. to the said 
 C D. on or before the execution of these presents (the receipt, 
 dc), The said A. B. doth hereby assign, and the said C. D. 
 doth hereby assign and confirm unto the said E. F., his executors, 
 administrators, and assigns. All AND SINGULAR the messuage 
 or tenement, hereditaments and premises comprised in and 
 
 assigned by the said recited indenture of the day of 
 
 : (and all the estate, dc.) : To have and to hold the 
 
 messuage and premises hereby assigned, or expressed so to be, 
 unto the said E. F., his executors, administrators, and assigns, 
 
 for all the residue now unexpired of the saidterm of years 
 
 granted by the said indenture of the day of , sub- 
 ject to such right or equity of redemption as is, or imme- 
 diately after the execution of these presents will be, sub- 
 sisting in the said premises under or by virtue of the said 
 indenture of mortgage and these presents : AND THIS 
 INDENTURE ALSO WITNESSETH, that in pursuance of 
 the said agreement in this behalf, and in consideration of 
 the further sum of £200 paid by the said E. F., to the said 
 C. D., on or before the execution of these presents (the 
 receipt, dc), he the said C. D., doth hereby for himself, his 
 heirs, executors, and administrators, covenant with the said 
 
 Digitized by Microsoft® 
 
MORTGAGES. 695 
 
 MORTGAGK 
 
 E. P., his executors, administrators, and assigns, That he 
 
 the said C. D., his heirs, executors, or administrators, will, j^^J"'^ 
 
 on the day of next, pay unto the said E. F., his 
 
 executors, administrators, or assigns, the said sum of £500 
 
 LEASEHOLDS 
 WHERE FUR- 
 THER SUM IS 
 ADVANCED, 
 
 so as aforesaid owing upon the security of the hereinbefore S"™™* 
 recited indenture of mortgage, and also the further sum of^^l^^J^ 
 £200 (making together the sum of £700), with interest for ^^i^tL 
 the same after the rate of £ — per cent, per annum, com-^^^rest! 
 puted from the date of these presents : And if the said sum 
 
 of £700 shall not be paid on the said day of 
 
 next, then will pay to him or them interest thereon after 
 
 the rate aforesaid by equal half-yearly payments, on the 
 
 day of and the day of in every year, until 
 
 the said principal sum shall be fully paid : And it is Mortgaged 
 
 .1.11 1 • 1 1 premises to 
 
 HEREBY AGREED AND DECLARED, that all and Singular the be security 
 
 hereditaments and premises hereby assigned, or expressed so sums and 
 to be, shall stand charged with and remain a security for the 
 payment to the said E. F., his executors, administrators, and 
 assigns, not only of the said sum of £500 secured by the 
 hereinbefore recited indenture of mortgage, and the interest 
 thereof, but also of the said further sum of £200 and the 
 interest thereof, pursuant to the covenant in that behalf 
 hereinbefore contained, and shall not be redeemed or re- 
 deemable until the said aggregate sum of £700 and the interest 
 thei-eof shall be fully paid and satisfied : And it is hereby Declaration 
 AGREED AND DECLARED, that the power of Sale, and all other of sale.' 
 the powers and provisions contained in the said indenture of 
 mortgage for raising and securing the payment of the said 
 sum of £500 and the interest thereof, shall remain in full 
 force, and shall be exercisable by the said E. F., his exe- 
 cutors, administrators, and assigns for raising and securing 
 the payment of the said aggregate sum of £700 and the 
 interest thereof (Covenant by A. B. against incumbrances, 
 supra, p. 688). 
 In witness, &c. 
 
 Digitized by Microsoft® 
 
696 
 
 MORTGAGES. 
 
 No. LXXV. 
 
 COPYHOLDS 
 WITH CON- 
 CUKHENCE 
 
 or 
 
 MORTGAGOR. 
 
 Recite 
 conditional 
 sun-ender to 
 
 That mort- 
 gagee lias 
 not been 
 admitted. 
 
 First 
 
 witnessing 
 
 part. 
 
 Transfer of 
 
 mortgage 
 
 debt. 
 
 Second 
 
 witnessing 
 
 part. 
 
 Mortgagor 
 covenants 
 to surrender 
 copylinlds 
 to use of 
 transferee. 
 
 TRANSFER of a Mortgage of Copyholds, with the 
 Concurrence of the Mortgagor (py indorse- 
 ment) (a). 
 
 THIS INDENTURE, made, &c., Between the within-named 
 A. B. (mortgagee), of the first part, the within-named C. D. 
 {mortgagor}, of , the second part, and E. F. of, &c. {transferee), 
 of the third part : WHEREAS in pursuance of the covenant in 
 that behalf contained in the within-written indenture, the said 
 
 C. D. did on the day of , out of court surrender into 
 
 the hands of the lord of the said manor, the within-described 
 copyhold hereditaments, to the use of the said A. B., his 
 heirs and assigns, subject to a condition for making void the 
 said surrender upon payment by the said C. D., his heirs, 
 executors, administrators, or assigns, unto the said A. B., 
 
 his executors, administrators, or assigns, of the sum of £ 
 
 with interest for the same, after the rate of £, — per cent. 
 
 per annum, on the day of ^ then next : And 
 
 WHEREAS the said A. B. has not been admitted tenant to 
 the said copyhold hereditaments pursuant to the said sur- 
 render : And Whereas {Recite that mortgage debt is due, 
 and agreement for transfer, supra, p. 687) : NOW THIS 
 INDENTURE WITNESSETH, that in pursuance, &c. {As- 
 signment of mortgage debt, dc, by A.B. toE.F., supra, p. 688) : 
 AND THIS INDENTURE ALSO WITNESSETH, that 
 in further pursuance of the said agreement, and for the con- 
 sideration aforesaid, the said C. D. doth hereby for himself, 
 his heirs, executors, and administrators, covenant with the said 
 
 (a) Where the concurrence of the mortgagor can he obtained, and the 
 mortgagee has not been admitted on the conditional surrender, the proper 
 mode of efi'ecting a transfer of a mortgage of copyholds is by entering up 
 satisfaction on the foimer conditional surrender, and having a new condi- 
 tional surrender to the transferee. If, by reason of the disability of the 
 mortgagor, or any other reason, his concurrence cannot be obtained, the 
 only mode of effecting a transfer seems to be that adopted in Precedent No. 
 LXXVIII., m/r(J,'un]ess the transferee is willing to allow the right to ad- 
 mittance on the old conditional svirrender to remain vested in the trans- 
 feror as a trustee for him imtil a new conclitional surrender can be obtained 
 from the mortgagor. 
 
 Digitized by Microsoft® 
 
C0PTH0LD3 
 WITH CON- 
 CURRENCE 
 OF 
 MORTGAGOR. 
 
 M0ETGAGE8. 697 
 
 E. F., his heirs, executors, and administrators, that he the said ™A^y™ 
 C. D. will, immediately after the execution of these presents, 
 surrender, or cause to be surrendered into the hands of the 
 lord of the said manor, according to the custom of the said 
 manor. All and singular the copyhold hereditaments com 
 prised in and covenanted to be surrendered by the within- 
 written indenture : To THE USE of the said E. F., his heirs and 
 assigns, according to the custom of the said manor, by and 
 under the rents, heriots, suits, and services therefor due and 
 of right accustomed, subject to a condition for making void the subject to 
 said surrender upon payment by the said C. D., his heirs, exe- forredemp- 
 cutors, or administrators, unto the said E. F., his executors, 
 
 administrators, or assigns, on the day of next, of the 
 
 said sum of £ , with interest for the same after the rate 
 
 of £ — per cent, per annum, computed from the date of these 
 
 presents : And it is hereby agreed and declared, that Agreement 
 .-. 1111 1 1 -1 1--1 for entering 
 
 satisfaction shall be entered up on the said conditional sur- up satis- 
 
 -1/^ faction on 
 
 render of the day of at the cost of the said C. D. iomei 
 
 •^ conditional 
 
 (Covenant by A. B. against incumbrances, supra, p. 688 — smrender. 
 covenant by C. D. for payment of principal and interest, 
 suprd, p. 516 — covenants by C. D.for title, power of sale, and 
 subsidiary clauses, suprd, pp. 535, 536.) 
 In witness, &c. 
 
 No. LXXVI. 
 
 WAERANT to enter up Satisfaction of Conditional 
 Surrender. 
 
 Manor of , in ) I, A. B., of, &c., DO HEREBY AC- ' 
 
 the County of . J KNOWLEDGE that I have this day 
 
 received of and from E. F. of, &c., by the direction of C. D. of, 
 
 &c., the sum of £ , in satisfaction of all principal moneys 
 
 and interest secured by a conditional surrender made to me by 
 the said C. D. of certain copyhold hereditaments held of the 
 
 said manor, and bearing date the day of ; and I do 
 
 hereby direct and require the steward of the said manor to enter 
 satisfaction thereof on the court rolls of the said manor, and for 
 so doing this shall be his sufiBcient warrant and authority. 
 
 Dated this day of . 
 
 (Signed) A. B. 
 
 Digitized by Microsoft® 
 
 WAHBAXT 
 
 TO ENTER OP 
 
 BATISFAC- 
 
 TION. 
 
698 MORTGAGES. 
 
 ON 
 TE.A2I8FER. 
 
 No. LXXVII. 
 
 coTOmoHAL CONDITIONAL Subrender by Mortgagor to Trans- 
 FEREE of Mortgage. 
 
 ' Manor of , in i BE IT REMEMBERED, that on this 
 
 the county of . J day of , 18 — , C. D. of, &c., 
 
 came before X. Y. of, &c., steward of the said manor, and in 
 
 consideration of the sum of £ paid by E. F. of, &c., to A. B. 
 
 of, &c., by the direction of him the said 0. D., in satisfaction of 
 all principal moneys and interest secured to the said A. B. by 
 a conditional surrender of the copyhold hereditaments herein- 
 after described, which conditional surrender is dated the — — 
 
 day of , 18 — , did surrender into the hands of the lord of 
 
 the said manor, by the hands and acceptance of the said 
 steward, according to the custom of the said manor. All, &c. 
 (parcels, general words) : To THE USE of the said E. F. and 
 his heirs, at the will of the lord, according to the custoin of the 
 said manor, by and under the rents, heriots, suits, and services 
 therefor, due and of right accustomed : Subject nevertheless 
 to this condition, that if the said C. D., his heirs, executors, or 
 
 administrators, shall, on the day of next, pay to the 
 
 said E. F., his executors, administrators, or assigns, the sum of 
 
 £ , with interest for the same after the rate of £ — per cent, 
 
 per annum, computed from the date of this surrender, then and 
 in such case this surrender will be void and of no effect, but 
 otherwise shall remain in full force and virtue. 
 
 This surrender was taken and accepted the 
 day and year above- written, by me 
 
 (Signed) X. Y. (steward). 
 
 Steward of the said manor. 
 
 Digitized by Microsoft® 
 
MOKTGAGES. 699 
 
 No. LXXVIII. 
 
 TKANSFER of Moetgage of Copyholds.— T^ie Mort- 
 gagor being dead, Leaving an Infant Heir, his 
 
 HORTOAOE 
 
 Widow and Administratrix joins in the Transfer wira™o™ 
 
 CtJBRENCE 
 OF ABMINie- 
 TBATRIX OF 
 HOBTQAGOB. 
 
 {by Indorsement). 
 
 THIS INDENTURE, made, &c., Between the within-named 
 
 A. B. {mortgagee), of the first part, C. D. of, &c. {administratrix ^'"^'*^- 
 
 of mortgagor), of the second part, and E. F. of, &c. {transferee), 
 
 of the third part : Whereas {Recite conditional surrender by Recite 
 
 the within-named X. Y. to A. B., and that A. B. has not been surrender 
 
 admitted, supra, p. 696) : And whereas the said X. Y. died on mortogee, 
 
 the day of intestate, leaving the said C. D. his widow, he has not 
 
 and N. O. his only son and heir at law, and the said N. 0. is mitted. 
 under the age of twenty-one years : And whereas letters of Death of 
 administration of the estate and effects of the said X. Y. were, SteSe"' 
 
 on the day of , granted to the said C. D. by the District «o"granted 
 
 Registry at , of the Probate Division of the High Court gort°^dow. 
 
 of Justice : And whereas the principal sum of £ , secured Thatmort- 
 
 by the within-written indenture, still remains due, but all in- fSS™"'^ 
 terest for the same has been duly paid up to the date of these ''™' 
 presents : And whereas the said A. B. lately applied to the Agreement 
 
 said C. D. to pay to him the said sum of £ , and the said " ™°* ^'^' 
 
 C. D., not having moneys in her hand available for such pur- 
 pose, hath requested the said E. F. to pay the same upon 
 having a transfer of the said mortgage debt, and the securities 
 for the same, in the manner hereinafter mentioned, which the 
 said E. F. has agreed to do : NOW, &c. {Assignment of mort- 
 gage debt by A. B. to E. F., supra, p. 688) : AND THIS IN- first 
 DENTURE ALSO WITNESSETH, that in further pursuance f^^"""^ 
 of the said agreement, and for the consideration aforesaid, the Transfer of 
 said A B. doth hereby for himself, his heirs, executors, and ^^^^^ 
 administrators, covenant with the said E. F., his executors, ad- ^^^^'"^ 
 ministrators, and assigns. That he the said A. B., or his heirs, covenant 
 will forthwith, at the cost of the said C. D., or of the estate of gagee to 
 the said X. Y., deceased, procure himself or themselves to be Mmseif 
 admitted tenant or tenants to the within-described copyhold admitted, 
 hereditaments, pursuant to the said surrender of the day ^^ll^l^f, 
 
 Digitized by Microsoft® 
 
700 
 
 MORTGAGES. 
 
 MORTGAGE 
 
 OF 
 COPYHOLDS 
 WITH CON- 
 CURRENCE 
 OF ADMINIS- 
 TBATBIX OF 
 MORTOAOOR. 
 
 to surrender 
 to use of 
 transferee, 
 
 sulDJect to 
 right of 
 redemption, 
 
 and in the 
 meantime 
 to stand 
 seised of 
 said copy- 
 hold pre- 
 mises in 
 trust for 
 transferee. 
 
 of , and shall and will as soon as conveniently can be after 
 
 sucli admittance, at the like cost, surrender the same copyhold 
 hereditaments into the hands of the lord of the said manor, To 
 THE USE of the said E. F., his heirs and assigns, according to 
 the custom of the said manor, by and under the rents, heriots, 
 suits, and services therefor due and of right accustomed, subject 
 to such right or equity of redemption as is now subsisting in 
 the said hereditaments by virtue of the said conditional sur- 
 render, dated the day of , and the within- written 
 
 indenture : And shall and will in the meantime, and until 
 such surrender, stand and be seised and possessed of the said 
 copyhold hereditaments, In trust for the said E. F., his heirs 
 and assigns, subject as aforesaid (Covenant by A. B. with E. F, 
 against incumbrances^ supra, p. 688). 
 In WITNESS, &c. 
 
 No. LXXIX. 
 
 acmissioh 
 
 And suk- 
 
 rendeb on 
 
 TRAN^FEEb. 
 
 Recite 
 conditional 
 BuiTender 
 to use of 
 mortgagee ; 
 
 ADMISSION of Mortgagee to Copyholds, and Sub- 
 EENDER to Transferee, pursuant to the Cove- 
 nant in the last- Precedent, and Admission of 
 Transferee. 
 
 The Manor of 
 in the county of - 
 
 Whereas on the 
 
 day of 
 
 Tliat default 
 was made. 
 
 . j 18 — , X. Y. of, &c., one of the copyhold 
 tenants of this manor, came before P. Q., steward of the said 
 
 manor, and in consideration of the sum of £ to the said 
 
 X. Y. paid by A. B. of, &c., the said X. Y. did out of court sur- 
 render into the hands of the lord of the said manor, ALL, &c. 
 (parcels), with their appurtenances, to the use of the said A. B., 
 his heirs and assigns, according to the custom of the said manor, 
 by and under the rents, heriots, suits, and services therefor due 
 and of right accustomed, subject nevertheless to a condition 
 for making void the said sun-ender upon payment by the 
 said X. Y., his heirs, executors, or administrators, unto the 
 said A. B., his executors, administrators, or assigns, of the sum of 
 
 £ , with interest for the same after the rate of £ per 
 
 cent, per annum, on the day of then next : And 
 
 whereas default was made in payment of the said principal 
 sum of £ , on the day mentioned in the said condition, and 
 
 Digitized by Microsoft® 
 
MORTGAGES, 701 
 
 ADMISSION 
 AND SUR- 
 RENDER ON 
 TRANSFER, 
 
 the same principal sum still remains clue and owing to the said 
 A. B., but all interest for the same has been paid up to this 
 
 day : NOW BE IT REMEMBERED, that on this day 
 
 of , 18 — , the said A. B. came before the said P. Q. out of ^^^<^^ 
 
 court and prayed to be admitted tenant to the said copyhold ""imitteci. 
 hereditaments surrendered to his use as aforesaid, To which 
 said copyhold hereditaments the lord of the said manor by the 
 said steward granted seisin thereof by the rod, To HAVE and Grant to, 
 TO HOLD the said copyhold hereditaments, with their appur- 
 tenances, unto the said A. B. and his heirs, at the will of the 
 lord, according to the custom of the said manor, by and under 
 the rents, heriots, suits, and services therefor due and of right 
 accustomed. And so (saving the right of the lord and the right tanc^o?"' 
 of any person or persons having an equity of redemption in the "^°^^^- 
 said hereditaments) the said A. B. is admitted tenant thereof 
 and pays to the lord on such his admittance a fine certain of 
 
 £ , and his fealty is respited : AND BE IT FURTHER 
 
 REMEMBERED, that on the said day of , 18—, the 
 
 said A. B. came before the said steward, and in consideration of 
 
 the sum of £ paid to him by E. F. of, &c., in satisfaction 
 
 of the said principal sum of £ due and owing on the said 
 
 conditional surrender as aforesaid, did surrender into the hands Mortgagee 
 
 surrenders 
 
 of the lord of the said manor, by the hands and acceptance of 
 his said steward, according to the custom of the said manor. 
 All and singular the copyhold hereditaments to which he Jjg^^^f^°^g 
 the said A. B. was admitted as aforesaid, with their appurte- 
 nances, to the use of the said E. F., and his heirs, at the will of 
 the lord, according to the custom of the said manor, and by and 
 under the rents, heriots, suits, and services therefor due and of^^tfi^" 
 right accustomed, subject nevertheless to such equity of redemp- "d™?*""! 
 tion as is now subsisting in the said premises under the afore- 
 said conditional surrender of the day of , 18— : AND ^j"^™^™ 
 
 BE IT FURTHER REMEMBERED, that on the said f«^««- 
 
 ^a,y of , 18 — , the said E. F. prayed to be admitted, &c. 
 
 (Admission of E. F. in the same form as the admission of A.B., 
 suprd.) 
 
 Digitized by Microsoft® 
 
702 
 
 MORTGAGES. 
 
 No. LXXX. 
 
 COPYHOLDS 
 
 TRANSFER of Mortgage of Copyholds where no 
 Surrender has been Made (by Indorsement). 
 
 s™e™er this indenture, made the 
 
 HAS BEEN 
 MADE. 
 
 day of 
 
 Krst 
 
 witneasing 
 
 part. 
 
 Transfer of 
 
 mortgage 
 
 debt. 
 
 Second 
 
 witnessing 
 
 part. 
 
 grants and 
 
 .copyholds 
 to trans- 
 feree. 
 
 Covenant 
 by mort- 
 gagor to 
 surrender 
 copyholds 
 subject to 
 condition. 
 
 -, Between 
 
 the within-named A. B. (mortgagee), of the first part, the within- 
 named C. D. (mortgagor), of the second part, g.nd E. F. of, &c. 
 (transferee), of the third part : Whereas no surrender has been 
 made of the within-described copyhold hereditaments in pursu- 
 ance of the covenant in that behalf contained in the within- 
 written indenture (Recite that principal sum remains owing, 
 and agreement for transfer, suprci, p. 687) : NOW THIS 
 INDENTURE WITNESSETH, that, &c. (Assignment of 
 mortgage debt, &c., by A. B. to E. F., suprd, p. 688) : AND 
 THIS INDENTURE ALSO WITNESSETH, that, in further 
 pursuance of the said agreement, and for the consideration afore- 
 said, the said A. B. at the request of the said C D. doth hereby 
 grant and assign unto the said E. F., his heirs and assigns, All 
 AND SINGULAR the copyhold hereditaments and premises com- 
 prised in and covenanted to be surrendered by the within- written 
 indenture (and all the estate, dc.) : To HAVE AND TO HOLD 
 the copyhold hereditaments and premises hereby granted and 
 assigned, or expressed so to be, unto and to the use of the said 
 E. F., his heirs and assigns, subject to such condition for the 
 redemption of the same hereditaments and premises as is here- 
 inafter expressed (Covenant by A. B. against incumbrances, 
 suprd, p. 688) : And the said C. D. doth hereby, &c. (Cove- 
 nant by. C. D. to surrender the copyholds to the use of E. F., 
 his heirs and assigns, subject to a condition for redemption on 
 payment of principal sum and interest at the expiration of six 
 calendar months, suprd, pp. 534, 535 — covenants by C. D. to pay 
 principal and interest, suprd, p. 516 — covenants for title — power 
 of sale and sjibsidiary clauses, pp. 535, 536). 
 In witness, &c. 
 
 Digitized by Microsoft® 
 
MORTGAGES. 703 
 
 No. LXXXI. 
 
 TRANSFER of a Mortgage 0/ a Policy of Assurance teansfee 
 
 anA a sum of Stock, in which the Mortgagor ioins gage of 
 
 JOT the purpose oj secu/nng the payment of the Debt the debt 
 
 by a charge on Additional Property. ally 
 
 SECURED BT 
 THE 
 
 THIS INDENTURE, made the day of , Between "°"™^°°''- 
 
 A. B. of, &c. (mortgagee), of the first part, C. D. of, &c. (mort- 
 gagor), of the second part, and E. F. of, &c. (transferee) of the 
 third part : Whereas (Recite policy of assurance on the life 
 of C. D. to secwre the payment of £100 to his representatives on 
 his death) : And whereas under an indenture dated, &c., and Remte 
 
 ' _ ' mdBnture 
 
 made between (parties), the said C. D. became entitled to a ^^i 
 
 ^^ " _ _ which 
 
 certain sum of £, £3 per cent. Consolidated Bank Annuities, mortgagor 
 
 ^ _ ' became 
 
 standing in the names of and in the books of the •U'^^l'^j. 
 
 Governor and Company of the Bank of England as trustees gj™.|Ytt 
 thereof, expectant on the death of X. Y., of, &c. : And whereas ^*°°''- 
 by an indenture of mortgage dated, &c., and made between the ^"^fH^ 
 said C. D. of the one part, and the said A. B. of the other part, .*''"'''• 
 the said C. D., in consideration of the sum of £500 paid to him 
 by the said A. B., did assign thesaid policy of assurance and the 
 
 moneys thereby assui'ed, and the said sum of £ £3 per 
 
 cent. Consolidated Bank Annuities so expectant as aforesaid, 
 and the interest and dividends thereof respectively, unto the 
 said A. B., his executors, administrators, and assigns, by way 
 of security for the payment .by the said C. D., his heirs, 
 executors, or administrators, unto the said A. B., his executors, 
 administrators, or assigns, of the sum of £500, and interest 
 thereon after the rate of £4 per cent, per annum, as therein 
 mentioned : And whereas the said sum of £500 is still due '^\ v™- 
 
 cipal sum IS 
 
 and owing on the security of the said recited indenture of mort- ^^'^^ due. 
 gage, but all interest thereon hath been paid up to the date of ^j^ ^^^^^ 
 these presents : And whereas under or by virtue of the last ^ortLgor 
 
 will of G. H., late of, &c., deceased, dated the day of , Z^^^X 
 
 the said A. B. is entitled to a certain annuity of £40 during his "'^*^°- 
 life, which is charged upon an estate situate, &c., which by the 
 
 Digitized by Microsoft® 
 
704 
 
 MORTGAGES. 
 
 TRANSFER 
 lOP MORT- 
 GAGE OF 
 POLIOY, ETC., 
 THE DEBT 
 ADDITION- 
 ALLY 
 SECURED BV 
 
 THK 
 MORTGAGOR. 
 
 Agreement 
 for transfer. 
 
 Proposal 
 for further 
 security. 
 
 First wit- 
 nessing 
 part. 
 
 Assignment 
 of mortgage 
 debt. 
 
 Second 
 
 witnessing 
 
 part. 
 
 Assignment 
 by mort- 
 gagee of 
 policy and 
 stoclc. 
 
 to transferee 
 sub,je('t to 
 equity of 
 redemption. 
 
 Tliird 
 
 witnessing 
 
 part. 
 
 Mortgagor 
 
 assigns 
 
 annuity 
 
 to trans- 
 feree, 
 
 said will was devised to in fee simple : And whereas the 
 
 said A. B. having occasion for the said sum of £500, the said 
 E. F. hath at the request of the said C D. agreed to pay the 
 same to the said A. B., on having a transfer of the said mortgage 
 debt and the securities for the same in manner hereinafter 
 mentioned, and also on having the payment of the said mort- 
 gage debt and the interest thereof further secured as hereinafter 
 mentioned: NOW THIS INDENTURE WITNESSETH, 
 that in consideration of the sum of £.500 to the said A. B. 
 paid by the said E. F. on or immediately before the execu- 
 tion of these presents at the request of the said C. D., testified 
 by his executing these presents. The said A. B. doth hereby 
 assign {Assignment of mortgage debt, dc, to E.' F., swprd, 
 p. 688). AND THIS INDENTURE ALSO WITNESSETH, 
 that for the consideration aforesaid. The said A. B., at such 
 request as aforesaid, doth hereby assign, and the said C. D. 
 doth hereby assign and confirm unto the said E. F., his 
 executors, administrators, and assigns. All that the herein- 
 before recited policy of assurance, and the moneys, bonuses, 
 and advantages thereby assured or to become payable there- 
 under, and also all that the said sum of £ £3 per cent. 
 
 Consolidated Bank Annuities, and the dividends and annual 
 income thereof respectively : And all the right, title, 
 interest, property, claim, and demand of the said A. B. 
 and C. D. respectively, to in and upon the said premises, 
 To HAVE, hold, receive, AND TAKE the said premises 
 respectively (subject, nevertheless, as to the said sum of 
 
 £ £3 per cent. Consolidated Bank Annuities to the interest- 
 
 of the said Y. Z. therein for his life as aforesaid), unto the said 
 E. F., his executors, administrators, and assigns, subject to such 
 right or equity of redemption as is now subsisting therein by 
 virtue of the hereinbefore recited indenture of mortgage : AND 
 THIS INDENTURE ALSO WITNESSETH, that in further 
 pursuance of 'the said agi-eement, and for the considerations 
 aforesaid, the said C. D. doth hereby grant and assign unto the 
 said E. F., his executors, administrators, and assigns. All that 
 the said annuity of £40 to which he the said C. D. is entitled 
 during his life under the said will of the said G. H. as aforesaid, 
 and all sums now due and henceforth to become due for or on 
 account thereof, and all powers and remedies for securincr, 
 recovering, and enforcing payment thereof {and all the right, 
 dec) : To have AND TO HOLD the said annual sum of £40 and 
 
 Digitized by Microsoft® 
 
MORTGAGES. 705 
 
 RA1T6FEB 
 OF MOBT- 
 
 premises last hereinbefore granted and assigned, or expressed ^ 
 so to be, unto and to the use of the said E. F., his executors, pouoy,^., 
 administrators, and assigns, subject to the same or .the like right ™di™^ 
 of redemption as is now subsisting in the said policy of assurance secured by 
 
 and sum of £ £3 per cent. Consolidated Bank Annuities, mobiSTgob. 
 
 and with and under the same or the like power of sale and other subject to 
 powers and privileges as are in and by the hereinbefore recited ^'^'^^""p*""*- 
 indenture of mortgage confen-ed upon the said A, B., his 
 executors, administrators, and assigns, in relation to the said 
 
 policy of assurance and sum of £ £3 per cent. Consolidated 
 
 Bank Annuities respectively. {Covenant by A. B. against in- ^^^ 
 cumbrances, swprd, p. 688 — covenants for title by C. D.) Irances. 
 
 In witness, &c. 
 
 No. LXXXIT. 
 
 TRANSFER of Mortgage of Freeholds and Lease- tbanspeb 
 HOLDS on the Change of one of two Trustees. 
 
 ON CHANGE 
 
 THIS INDENTURE, made, &c.. Between A. B. of, &c., and 
 
 C. D. of, &c. (transferors), of the first part, the said C. D. and 
 
 E. F. of, &c. {transferees), of the second part, and the said 
 
 E. F. {grantee to uses) of the third part {Recite mortgage o/ Recite 
 
 freeholds and leaseholds to A. B. and C. D. to secure £1000 : totn^ 
 
 And whereas the said sum of £1000 is still owing on the thlTprm- 
 
 security of the said recited indenture, but all interest thereon fg^^^™™ 
 
 has been paid up to the date of these presents : And whereas 
 
 the said C. D. and E. F. have now become entitled to the said That trans- 
 
 , . . . ferors have 
 
 principal sum of £1000 upon a jomt account m equity as well hecome en- 
 as at law, and in consequence thereof the said A B. and 0. D. ^^^ 
 have agreed to make such transfer to them of the said principal 
 sum, and the interest thereof, and the securities for the same, 
 as is hereinafter expressed: NOW THIS INDENTURE 
 WITNESSETH, that in pursuance of the said agreement, 
 and in consideration of the premises, the said A. B. and 
 C. D. do hereby assign unto the said C. Di and E. F. their 
 
 VOL. 1. Z Z 
 
 Digitized by Microsoft® 
 
706 MORTGAGES. 
 
 TRANSFER 
 ON CHANGE 
 
 executors, administrators, and assigns {Assignment of mort- 
 TRusTOEs. 9"-9^ ^fi^*> <^c-> suprd, p. 688) : To have, rbceive and 
 Transfer of TAKE the Said principal sum and interest, and other the pre- 
 debtf^^ mises hereinbefore assigned, or expressed so to be, unto the 
 said 0. D. and E. F., their executors, administrators, and 
 assigns, and to the intent that they the said C. D. and E. F. 
 shall be entitled to the said principal sum and interest as joint 
 tenants both at law and in equity, and that the receipt of 
 the survivor of them, - and the executors, administrators, or 
 assigns of such survivor, shall be a sufficient discharge for the 
 same: AND THIS INDENTUEE ALSO WITNESSETH, 
 that in further pursuance of the said agreement, and in con- 
 sideration of the premises. The said A. B. and C. D. do hereby 
 Conveyance grant unto the said E. F. and his heirs, All AND singular the 
 
 of parcels r i i i ■ i • j 
 
 to use of freehold messuages, lands, aad hereditaments comprised in and 
 
 transferees, o ' i ± ^ ^ 
 
 subjectto granted or otherwise assured by the hereinbefore recited m- 
 
 Bubaistmg " •' 
 
 light of re- denture (and all the estate, de.) : To HAVE AND TO HOLD the 
 
 demption. _ ^ ' ' 
 
 hereditaments and premises hereby granted, or expressed so to 
 be, unto the said E. F. and his heirs, To THE USE of the said 
 C. D. and E. F., their heirs and assigns, subject, nevertheless, to 
 such right or equity of redemption as is now subsisting in the 
 said premises under or by virtue of the said recited indenture : 
 AND THIS INDENTURE ALSO WITNESSETH, that in 
 further pursuance of the said agreement, and in consideration 
 Assignment of the premises, they the said A. B. and C. D. do hereby assign 
 howT*" unto the said C. D. and E. F. (»), their executors, administrators, 
 and assigns, All and singular the leasehold hereditaments 
 and premises comprised in and demised by the hereinbefore 
 recited indenture, or expressed so to be, with their and every of 
 to trans- their appurtenances {and, all the estate, dc.) : To HAVE and 
 residue°of TO HOLD the hereditaments and premises hereby assigned, 
 *^™' or expressed so to be, unto the said C. D. and E. F., their 
 
 executors, administrators, and assigns, for all the residue now 
 to come and unexpired of the said term granted therein by 
 the hereinbefore recited indenture as aforesaid, subject, never- 
 theless, to such right or equity of redemption as is now sub- 
 sisting therein by virtue of the same indenture : And each 
 
 {a) By [the 22 & 23 Vict. c. 35, a. 21, it is provided that any person 
 shall have power to assign personal property hy law assign aUe, includ- 
 ing chattels real, directly to himself and another person or persons, or 
 corporation, by the like means as he might assign the same to another 
 person. 
 
 Digitized by Microsoft® 
 
MORTGAGES. 707 
 
 ON CHANGE 
 
 OF THEM the said A. B. and C. D., as to his own acts and deeds ™^^^.™ 
 only, doth hereby for himself, his heirs, executors, and adminis- 
 trators, covenant with the said E. F., his heirs, executors, ad- 
 ministrators, and assigns, that they the said A. B. and C. D. 
 respectively have not, &c. (Covenant against incumbrances, 
 suprd, p. 688.) 
 In witness, &c. 
 
 No. LXXXIII. 
 
 TRANSFER of Two several Mortgage Debts and the transfer 
 
 _, »-r-. -i^ /.."^ SEVERAl 
 
 SECURITIES for Each, and Conveyance of Ad- mortoage 
 
 *^ "^ DEBTS AND 
 
 DiTioNAL Property by Mortgagor to the intent their 
 
 •^ SECURITIES, 
 
 that all the Property vested in Transferee may and 
 
 ^ ADDITIONAL 
 
 be a Security for both Mortgage Debts and a pbopertv 
 
 »' CHARGED 
 
 Further Advance. ■»"™ ^^^ 
 
 AND 
 
 FURTHER 
 
 THIS INDENTURE, made the day of , Between advance. 
 
 A. B. of, &c. (transferor of the first mortgage), of the first 
 part, C. D. of, &c. (transferor of the second mortgage), of 
 the second part, E. F. of, &c. (mortgagor), of the third part, 
 and G. H. of, &c. (transferee), of the fourth part : Whereas 
 (Recite mortgage to A. B. o/"the hereditaments firstly herein- 
 after described," to secure £500 and interest) : And whereas Recito two 
 
 mortgages 
 
 (Recite mortqaqe to C. D. of "the hereditaments secondly of separate 
 
 . , . properties. 
 
 hereinafter described," to secure £200 and interest) : And seiaia 
 WHEREAS the said E. F. is seised of the hereditaments firstly, mortgagor, 
 secondly, and thirdly hereinafter described for an estate of in- 
 heritance in fee simple in possession, subject as to the said 
 hereditaments firstly and secondly hereinafter described to the 
 hereinbefore recited mortgages respectively, but free from all 
 other incumbrances : And whereas the said sum of £500 That mort- 
 
 . ^ ^ gage money 
 
 remains owing on the security of the said indenture of the remains 
 
 o *' owmg on 
 
 day of , but all interest on the same has been paid up to S^^g'"'"'" 
 
 the date of these presents : And whereas the said sum of 
 £200 remains owing on the security of the said indenture of 
 
 the day of , but all interest on the same has been 
 
 paid up to the date of these presents : AND WHEREAS the said Agreement 
 
 ^ i^ r for transfer 
 
 G. H. hath agreed at the request of the said E. F. to pay to ^J^^''*"' 
 
 z z 2 
 
 Digitized by Microsoft® 
 
'08 MOETGAGES. 
 
 OF SEVERAL 
 MORTGAGE 
 DEBTS AND 
 
 THEIR 
 SECURITIES, 
 
 AND 
 
 ADDITIONAL 
 
 PROPERTY 
 
 CHARGED 
 
 "WITH OLD 
 
 AND 
 FURTHER 
 
 TsEVERAL tlie said A, B. the sum of £500, and to the said C. D. the sum 
 of £200, aud to lend to the said E. F. the further sum of £400 
 on having transfers of the said several mortgage debts of £500 
 and £200 respectively, and the interest thereof,. and the secu- 
 rities for the same respectively, and upon having the repay- 
 ment of the said sums of £500, £200, and £400 respectively 
 
 IotInoe. (making together the sum of £1100), with interest for the same 
 respectively, secured in the manner hereinafter expressed : 
 Witnessing NOW THIS INDENTURE WITNESSETH, that in pur- 
 
 part. _ _ _ . . J 
 
 One mort- suancc of the said agreement in this behalf, and in considera- 
 
 *S^s Ilia tion of the sum of £500 now paid by the said G. H. to th^ said 
 
 S to^new A. B., at the request of the said E. F. {the receipt, dc.), The 
 
 moi gagee. ^^^^ ^ -g ^^^-^ hereby assign, &c. (assignment of mortgage 
 
 debt of £500, and interest, and the securities for the same, 
 Second suprh, p. 688) : AND THIS INDENTURE ALSO WIT- 
 part. NESSETH, that in pursuance of the said agreement in this 
 
 ga^ee""'^' behalf, and in consideration of the sum of £200 now paid by 
 mSi'e' the said G. H. to the said C. D., at the request of the said 
 mOTtg'ier E, F. {the receipt, &c.), The said C. D. doth hereby assign, &c. 
 
 {assignment of mortgage debt of £200 and interest, and the 
 Tiiird wit- Securities for the same, supra, p. 688) : AND THIS INDEN- 
 part?"^ TURE ALSO WITNESSETH, that in pursuance of the afore- 
 Mortgagees Said agreement in this behalf, and in consideration of the 
 gagor con- Several sums of £500 and £200 respectively paid by the said 
 heredita- G. H. to the Said A. B. and C D. respectively as hereinbefore 
 
 ments com- . . , n ■, o ntn\ 
 
 prised in IS mentioned, and m consideration of the sum oi £400 now paid 
 mortgages, by the Said G. H. to the said E. F. {the receipt, dc), The said 
 tionai here- A. B., as to the hereditaments firstly hereinafter described and 
 the said C. D., as to the hereditaments secondly hereinafter 
 described, Do, at the request of the said E. F., hereby respec- 
 tively grant, and the said E. F., as to all the hereditaments 
 hereinafter described, Doth hereby grant and confirm unto the 
 said G. H., his heirs and assigns, First, All, &c. {parcels, as 
 described in the mortgage to A. B.), And all other (if any) the 
 hereditaments, comprised in and granted or otherwise assured 
 
 by the said indenture of the day of : Secondly, 
 
 All, &c. {parcels as described in parcels to C. D.), And all 
 other (if any) the hereditaments comprised in and granted, or 
 
 otherwise assured by the said indenture of the day of 
 
 : And, thirdly, all, &c. {additional parcels, general 
 
 words): And all the estate, right, title, interest, claim, and de- 
 mand whatsoever of them the said A. B., C. D., and E. F. respec- 
 
 Digitized by Microsoft® 
 
 dit^nients 
 
MORTGAGES. 709 
 
 OP SEVERAL 
 MORTCAOE 
 DEBTS AND 
 
 THEIR 
 SECURITIES, 
 
 AMD 
 
 ADDITIONAI, 
 
 PRftPEBTT 
 
 CHARGED 
 
 WITH OLD 
 
 AND 
 FtTRTHER 
 ADVANCE. 
 
 tively, in to and upon the said premises, and every part thereof: o™^IeIai 
 To HAVE AND TO HOLD the hereditaments and premises hereby 
 granted, or expressed so to be, unto and to the use of the said 
 G. H., his heirs and assigns, freed and discharged, as to the 
 hereditaments comprised in the hereinbefore recited indentures 
 of mortgage respectively, from all right or equity of redemp- 
 tion now subsisting therein under or by virtue of the same 
 indentures respectively, but subject as to all the said heredita- ^^ ^^^ 
 ments to the proviso for redemption hereinafter contained : "bS'S' 
 (Proviso for redemption of all the hereditaments on payment ^"empj°„ 
 by E. F., his heirs, executors, administrators, and assigns of 
 £1100 and interest, — covenant by E. F. for payment of prin- 
 cipal sum of £1100 and interest, suprd, p. 516) : And the covenant 
 SAID A. B. as to the said principal sura and interest, here- g^s^es 
 
 J. - , against 
 
 ditaments and premises herembefore respectively assigned and mmm- 
 
 T , , . JO trances. 
 
 granted by him, or expressed so to be, and the said C. D. as to 
 the said principal sum and interest, hereditaments and premises 
 hereinbefore respectively assigned and granted by him, or ex- 
 pressed so to be, do hereby respectively for themselves, and for 
 their respective heirs, executors, and administrators, covenant 
 with the said G. H., his heirs, executors, administrators, and 
 assigns, that the said A. B. and C. D. respectively have not at 
 any time heretofore done or executed, or knowingly suffered, or 
 been party or privy to anything whereby the same principal 
 sums and interest, hereditaments and premises, or any part 
 thereof respectively, are, is, can, or may be released, affected, or 
 incumbered in anywise howsoever : And the said E. F. doth covcnanfa 
 hereby for himself, his heirs, executors, and administrators, mortgagor. 
 covenant with the said G. H., his heirs and assigns, that the 
 said A. B., G D., and E. F. respectively now have good right 
 to grant the hereditaments and premises hereby granted, or 
 expressed so to be, unto and to the use of the said G. H., his 
 heirs and assigns, in manner aforesaid, free from incumbrances : 
 And that the said A. B., 0. D., and E. F. respectively, and all 
 other persons having or lawfully or equitably claiming any 
 estate or interest in the hereditaments and premises hereby 
 granted, or expressed so to be, or any of them, or any part 
 thereof respectively, shall and will, &c. (Covenant for further 
 assurance, — power of sale ivith subsidiary clauses extending to 
 all the hereditaments, suprd, pp. 517, 518, 319.) 
 In witness, &c. 
 
 Digitized by Microsoft® 
 
710 MORTGAGES. 
 
 No. LXXXIV. 
 
 BEcoNVBY- RECONVEYANCE of Lands hy Mobtgagee on Pay- 
 
 AHCE BT JO 
 
 (B??™oME- MENT of Debt awci Interest (62/ indorsement). 
 
 '"""^' THIS INDENTURE, made, &e., Between the within-named 
 
 A. B. {mortgagee), of the one part, and the withiri-named 
 
 Reoite C. D. (mortgagor), of the other part : Whereas the said C. D. 
 
 prScipai has, before the execution of these presents, paid to the said A. B. 
 
 ' the sura of £ , secured by the within- written indenture, 
 
 together with all interest thereon up to the date of these pre- 
 
 oonsidera. seuts : NOW THIS INDENTURE WITNESSETH, that in 
 
 consideration of the said sum of £ , and all interest thereon 
 
 to the said A. B. paid by the said C. D. as aforesaid (the receipt 
 whereof the said A. B. doth hereby acknowledge). The said 
 A. B. doth hereby grant unto the said C. D. and his heirs. 
 
 Mortgagee ^ll AND SINGULAR the lands, hereditaments, and premises 
 comprised in and granted or otherwise assured by the within- 
 written indenture, or expressed so to be (and all the estate, die.) : 
 
 to mort- To HAVE AND TO HOLD the hereditaments and premises hereby 
 granted, or expressed so to be, unto and to the use of the said 
 C. D,, his heirs and assigns, freed and absolutely discharged 
 from all principal moneys and interest secured, or intended to 
 be secured, by the within-written indenture, and all claims and 
 demands on account thereof respectively, or any part thereof 
 respectively, or in anywise relating thereto. {Covenant by 
 A. B. against incvmhrances, supra, p. 263.) 
 In witness, &g. 
 
 gagor. 
 
 No. LXXXV. 
 
 RECONVEYANCE of Property hy Administrator 
 of Mortgagee, on payment of Mortgage Debt and 
 
 KECONVEY- 
 ANCE BY 
 ADMINIS- 
 TRATOR OF 
 MORTGAQEE. INTEREST 
 
 Parties, THIS INDENTURE, made the day of , Between 
 
 A, B. of, &c. {administrator of mortgagee), of the one part 
 
 Digitized by Microsoft® 
 
PURCHASE DEEDS. 7ll 
 
 ANCE EY 
 
 ADMIN IS- 
 
 TBATOB or 
 
 MORTOAOEE. 
 
 and C, D., of, &c. (mortgagor), of the other part (Recite mort- ^^l^^' 
 gage from C. D. to E. F. — Death of E. P. intestate, and 
 administration granted to A. B.): And whereas it appears 
 from an account this day stated between the said A. B. and ^^j P™;y 
 C. D., that there is now owing to the said A. B., as such ad- ^ totoTs? 
 ministrator as aforesaid, upon or by virtue of the said indenture "" °*"°^' 
 
 of mortgage, the sum of £ , for principal money and arrears 
 
 of interest thereon up to the date of these presents : And 
 WHEREAS the said C. D. is desirous of paying off the said sum Desire on 
 
 of £ , and of having a reconveyance of the mortgaged mortgagor 
 
 hereditaments in the manner hereinafter expressed : NOW and *» ha™ 
 
 beredita- 
 
 THIS INDENTURE WITNESSETH, that in consideration ments re- 
 
 conveyed. 
 
 of the sum of £ , on or before the execution of these witnessing 
 
 presents to the said A. B. paid by the said C. D., in full co^gi^i^a. 
 satisfaction of all principal moneys and interest secured by the *'"■'• 
 hereinbefore recited indenture (the receipt, dc), he the said tor'?onvey''8' 
 A. B., as the legal personal representative of the said E. F., parceib, 
 deceased, by virtue of the power for this purpose given to 
 him by the "Vendor and Purchaser Act, 1874," and of all other 
 powers (if any) him hereunto enabling, doth hereby grant 
 and convey unto the said C. D., his heirs and assigns. All and to hold to 
 SINGULAR the messuage or tenement, lands, hereditaments and "" ^^"' 
 premises comprised in and granted or otherwise assured by the 
 said recited indenture, or expressed so to be : To HAVE, &c. 
 (Habendum to G, D. in fee discharged from mortgage debt — covenant 
 Covenant by A. B. with C, D. against incumbrances, as in last incum- 
 
 '' " ' trances. 
 
 Precedent.) 
 
 In WITNESS, &c. 
 
 REAS- 
 SIGNMENT 
 
 LEASEHOLDS. 
 
 No. LXXXVI. 
 
 SURRENDER of Mortgaged Term of Years by Re- 
 presentative of Mortgagee on payment of Mort- 
 gage Debt (by Indorsement). 
 
 THIS -INDENTURE, made the day of , Between Parties. 
 
 A. B., of, &c. (executor of mortgagee), of the one part, and the 
 within-named C. D. (mortgagor), of the other part (Recite 
 death of mortgagee and his will, appointing A. B. executor, 
 
 Digitized by Microsoft® 
 
712 
 
 MORTGAGES. 
 
 BEAS- 
 
 SIGHMENT 
 
 OF 
 
 LEASEHOLDS. 
 
 Money due 
 on mort- 
 
 That mort- 
 gagor 
 desires to 
 payoff 
 money due, 
 and to have 
 premises 
 surrendered. 
 
 Witnessing 
 part 
 
 Considera- 
 tion. 
 
 SuiTender 
 by executor 
 to intent 
 that term 
 may merge. 
 
 and probate by him) : And whereas there is now due and 
 owing to the said A. B., as such executor as aforesaid, upon or 
 by virtue of the within-written indenture of mortgage, the 
 principal sum of £500 only, all interest in respect thereof 
 having been duly paid and satisfied up to the date of these 
 presents : And whereas the said C. D. is desirous of paying 
 off the said principal sum of £500, and of having a surrender 
 of the mortgaged hereditaments in' the manner hereinafter 
 expressed : NOW THIS INDENTURE WITNESSETH, that 
 in consideration of the premises, and of the sum of £500, on or 
 before the execution of these presents, to the said A. B. paid 
 by the said C. D. in full satisfaction of all moneys secured by 
 the within-written indenture (the receipt, dc.), The said A. B., 
 as such executor as aforesaid, doth hereby surrender unto the 
 said C. D., All and singular the messuage or tenement, 
 farm, lands, hereditaments, and premises comprised in and 
 demised by the within-written indenture, or expressed so to be, 
 (and all the estate, dc.) : To the intent that all the residue 
 now unexpired of the term of 500 years granted therein by the 
 within-written indenture, may forthwith be merged and 
 extinguished in the freehold and inheritance of the same 
 premises. (Covenant by A. B. against incumbrances, see supra, 
 p. 263.) 
 In witness, &c. 
 
 No. LXXXVII. 
 
 RELEASE BY 
 
 MORTGAGEE 
 
 OP TERM. 
 
 Parties. 
 
 RELEASE of Lands by a Mortgagee of a Term for 
 Raising Portions where the Mortgage is Paid 
 OFF out of the Proceeds of the sale of Part of the 
 Settled Estates (by Indorsement on Mortgage). 
 
 THIS INDENTURE, made the day of , Between 
 
 A. B. of, &c. (mortgagee), of the first part, C. D. of, &c. (trustee 
 of term for raising portions), ot the second ]pa.vt,E. F. of, &c., and 
 G. H. of, &c. (trustees to exercise power of sale and exchange), 
 of the third part, and I. K. of, &c. (tenant for life), of the 
 
 mo"^a^e'* ^°^^^^ V^^^ ■ Whereas the sum of £ , secured by the 
 
 STdu;, within-written indenture, still remains owing thereon, but all 
 
 Digitized by Microsoft® 
 
MORTGAGES. 713 
 
 interest for the same up to the date of these presents hath ??„'i^f„ ^^ 
 
 ■■■ ■•■ MORTGAGEE 
 
 been fully paid, as the said A. B. doth hereby acknowledge : °^'^™''- 
 And whebeas, among other powers created by the within- ^tuement 
 
 recited indenture of settlement of the day of , it was 
 
 thereby provided that it should be lawful for the said E. F. and 
 G. H,, and the survivor of them, and the executors or adminis- 
 trators of such survivor (by such direction as therein men- to seii 
 tioned), to make sale and dispose of all or any of the manors 
 and hereditaments thereby settled in manner therein expressed : 
 and that they, or the survivor of them, or the executors or and apply 
 administrators of such survivor, should, at the request and by in payment 
 the direction of the person who for the time being would be irances. 
 entitled to the rents of the hereditaments thereinafter directed 
 to be purchased, invest the moneys to arise by such sale or 
 sales, in the purchase of other hereditaments to be settled to 
 the uses thereby limited concerning the hereditaments which 
 should have been so sold, but with power for the said E. F. and 
 G. H., and the survivor of them, and the executors or adminis- 
 trators of such survivor, to apply any of such sale moneys in 
 or towards payment and discharge of all or any of the gross 
 suras then already charged, or which should thereafter by virtue 
 of the powers thereinbefore contained be charged upon all or 
 any of the hereditaments thereinbefore settled : And whereas That tms- 
 there is now in the hands, or standing to the account of the said tbeir hands 
 E. F. and G. H., as the trustees of the power of sale contained arising from 
 
 in the said indenture of the day of , a considerable of estates. 
 
 amount of money which has arisen by the sale" of certain parts 
 
 of the said estates thereby settled, and which moneys are liable, 
 
 by virtue of the same settlement, either to be laid out in the 
 
 purchase of other hereditaments, or to be applied in discharge 
 
 of any gross sums charged upon the same settled estates, or 
 
 any part thereof : And whereas the said A. B. is willing to Agreement 
 
 receive the said principal sum of £ remaining due to him gageshaii 
 
 . , . , . . . , 1 • 1 , be paid off 
 
 by virtue of the witliin-written indenture, and it has been out of 
 
 . , proceeds 
 
 agreed by and amongst the said other parties hereto, that the »' sales. 
 same shall be paid off by the said E. F. and G. H. out of the 
 trust moneys in their hands produced by such sale of settled 
 estates as aforesaid, to the intent that such debt or charge of 
 
 £ and interest may be wholly extinguished for the benefit 
 
 of those entitled or to become entitled to the estates subject 
 thereto, in manner hereinafter expressed : NOW THIS IN- witnessing 
 
 ■^ part, 
 
 DENTURE WITNESSETH, that in pursuance of the said ■? considera- 
 
 ' ^ tion of 
 
 Digitized by Microsoft® 
 
714 MORTGAGES. 
 
 BELBASE BV 
 
 UOBTOAOEE 
 
 Of TEEM. 
 
 agreement in this behalf, and in consideration of the sum of £ 
 
 (being part of the moneys produced by such sale of settled estates 
 moMy^" ^ aforesaid) by the said E. F. and G. H. as such trustees as afore- 
 out?f s^d ^^^^> V^^^ *° ^^^ said A. B., on or before the execution of these 
 proceeds, presents, at the request and by the direction of the said parties 
 hereto of the second and fourth parts, testified by their respec- 
 tively executing these presents, and the receipt of which said 
 
 sum of £ , in full discharge of all moneys remaining due 
 
 for principal or interest, or otherwise upon or by virtue of the 
 Sflf^" ■within-written indenture, the said A. B. doth hereby acknow- 
 estates from l^dgc, he the Said A. B., at such request and by such direction 
 mortgage ^^^ testified as aforesaid, doth hereby release and discharge. 
 All and singular the manor, messuages, lands, tenements, 
 and hereditaments comprised in and assigned by the within- 
 written indenture, or expressed so to be, or which may have 
 since by any means become and are now subject to the same 
 indenture, with all rights, royalties, and appurtenances thereto 
 
 belonging, of and from the said sum. of £ , secured by the 
 
 within-written indenture, and all interest for the same, and all 
 claims and demands on account thereof, or in anywise relating 
 thereto : To the intent that the within-mentioned term of 
 500 years, and all other (if any) such term, estate, and interest 
 as are vested in the said A. B., by virtue of the within-written 
 indenture, for securing the repayment of the said sum of 
 
 £ and the interest thereof, may from henceforth cease and 
 
 determine. 
 In witness, &c. 
 
 Digitized by Microsoft® 
 
MORTGAGES. 715 
 
 SOCIETY 
 MORTOAOE. 
 
 No. LXXXVIII. 
 
 KECEIPT/or Moneys to be indorsed on a MoRTaAGE to a kkceipi 
 Building Society (ft). on building 
 
 The Building Society hereby acknowledges to have 
 
 received all moneys intended to be secured by the within (or 
 above) written deed. In witness whereof the seal of the 
 
 society is hereto affixed this day of , by order of 
 
 the Board of Directors {or Committee of Management), in 
 presence of, 
 
 A. B., Secretary [or Manager]. 
 
 [Other witnesses if any required by the 
 rules of the Society']. 
 
 (a) By the "Building Societies Act, 1874 " (.37 & 38 Vict. c. 42, s. 42), it is 
 provided, that when all moneys intended to be seouted by any mortgage or 
 turther charge given to any society under the Act have been fully paid or 
 discharged, the society may indorse upon or annex to such mortgage or fur- 
 ther charge a reconveyance of the mortgaged property to the then owner of 
 the equity of redemption, or to such uses as he may direct, or a receipt 
 under the seal of the society countersigned by the secretary or manager in 
 the form specified in the schedule to the Act, and such receipt shaU vacate 
 the mortgage, or further charge, or debt, and vest the estate of and in the 
 property therein comprised in the person for the time being entitled to the 
 eqmty of redemption, without any reconveyance. 
 
 Digitized by Microsoft® 
 
716 MORTGAGES. 
 
 No. LXXXIX. 
 
 CHABOE Bv CHARGE by a Registered Peopeietok under the "Land 
 
 FRopRiETOH. TRANSFER Act, 1875." 
 
 The " Land Transfer Act, 1875." 
 
 Office of Land Registry. 
 Charge. 
 
 I, A. B., the registered proprietor of the land entered in the 
 
 register under the ahove number, in consideration of [four 
 
 thousand pounds] paid to me, charge such 
 
 NoTE.-lf no inte- ^^^^ ^-^^-^ ^-^^ payment to C. D. of, &c., on 
 
 rest IS to be payable or '^ •' ' _ [ 
 
 no power of sale given, the day of , 18 — , of the principal 
 
 "tiSil-t '^^ °f [^*000], with interest at the rate of 
 "without a power of £ — per cent, per annum, and with a power 
 
 sale," as the case may c t ± i • j pj. j.i j r 
 
 l,g ' ' 01 sale to be exercised after the day of 
 
 , 18-. 
 
 [Signature of registered proprietor.] 
 Witness, 
 
 X. Y., a Solicitor. 
 
 TRANSrER OP 
 CBABOE BY 
 REGISTERED 
 
 PROPRIETOR. 
 
 No. XC. 
 
 TRANSFER of Charge by a Registered Proprietor. 
 
 The "Land Transfer Act, 1875." 
 
 Office of Land Registry. 
 Transfer of Charge. 
 
 I, C. D., the registered proprietor of the charge dated the 
 
 day of , 18 — , on the land registered in the name of A. B., 
 
 under the above number, in consideration of [four thousand 
 pounds] paid to me, transfer such charge to E. F. of &c. as 
 proprietor. 
 
 [Signature of registered proprietor.] 
 Witness, 
 
 X. Y., a Solicitor. 
 Digitized by Microsoft® 
 
MORTGAGES. 717 
 
 No. XCI. 
 
 DEED 0/ ARRANGEMENT between a Mortgagor and abranoe. 
 several Mortgagees of distinct parts of his estate, between 
 
 . ,-r. MORTOAQOR 
 
 where the Iitle Deeds relatinq to the Property and 
 
 •^ SEVERAL 
 
 comprised in the Mortgages icere deposited with mortoaoees 
 
 * -^ AS TO DEEDS 
 
 Bankers on the Account of the several Mort- deposited 
 
 *' with 
 
 GAGEES. BANKERS. 
 
 THIS INDENTURE, made the day of , Between Parties. 
 
 A. (mortgagor), of the first part, B., C, and D, (mortgagees), 
 of the second part, E. and F. (other mortgagees), of the third 
 part, G., H., and I. (other mortgagees), of the fourth part, and 
 K., L., and M. (other mortgagees), of the fifth part (Recite mort- Recital of 
 gage from A. to B., C, and D., of hereditaments in first part of 
 first schedule ; also mortgage from A. to E. and F. of heredita- 
 ments in second part of first schedule; also mortgage from A. to 
 G., H., and I., of hereditaments in third part of first schedule ; 
 al^o mortgage from A. to K., L., and M. of hereditaments in 
 fourth part of first schedule): And whereas the deeds and That deeds 
 writings specified in the second schedule hereunder written schedule 
 relate to all the hereditaments comprised in the first schedule mortgaged 
 hereunder written, except some of the hereditaments comprised 
 in the fourth part of the first schedule, and the same deeds and 
 writings also relate to hereditaments of the said A. not in- 
 cluded in any of the said mortgages : And whereas upon the Agreement 
 treaty for the mortgages made by the said four several herein- of delds^' 
 before recited indentures it was agreed that the said deeds and banicera. 
 
 writings should be deposited in the bank of Messrs. , and 
 
 that the said parties to these presents should enter into such 
 agreement respecting the same as is hereinafter contained : And Deposit of 
 WHEREAS the said deeds and writings have been deposited in 
 
 the said bank of Messrs. pursuant to the said agreement : 
 
 NOW THIS INDENTURE WITNESSETH, and in con- witnessing 
 sideration of the said premises IT is hereby agreed and ^^j^^ 
 DECLARED between and by the parties hereto as follows : — • agreement. 
 
 1. The deeds and writings specified in the second schedule 1. 
 hereunder written ai-e and shall remain deposited at the said remaiii 
 
 Digitized by Microsoft® 
 
718 
 
 MOKTGAGBS. 
 
 ABBASOE- 
 
 MENT 
 
 BETWEEN 
 
 MOBTQAGOB 
 
 AND 
 
 SEVEBAL 
 
 MORTGAGEES 
 
 AS TO DEEDS 
 
 DEPOSITED 
 
 WITH 
 BANKERS. 
 
 deposited 
 on behalf 
 of several 
 sets of 
 mortgagees. 
 
 on the account of the following persons, 
 
 2. 
 Deeds to 
 remain 
 deposited 
 unless all 
 mortgagees 
 concur in 
 changing 
 custody of 
 same. 
 
 Deeds to be 
 produced to 
 mortgagees 
 whenever 
 required. 
 
 bank of Messrs. - 
 namely : 
 
 The said B., C, and D., as the mortgagees under the first 
 hereinbefore recited mortgage, and the survivors and sur- 
 vivor of them, and the heirs, executors, or administrators 
 of such survivor, and their or his assigns ; 
 
 The said E. and F., as the mortgagees under the secondly 
 hereinbefore recited mortgage, and the survivor of them, 
 and the heirs, executors, or administrators of such survivor, 
 and their or his assigns ; 
 
 The said G., H., and I., as the mortgagees under the 
 thirdly hereinbefore recited mortgage,^ and the survivors 
 and survivor of them, and the heirs, executors, or adminis- 
 trators of such survivor, and their or his assigns; and 
 
 The said K., L., and M., as the mortgagees under the 
 fourthly hereinbefore recited mortgage, and the survivors 
 and survivor of them, and the heirs, executors, or adminis- 
 trators of such survivor, and their or his assigns ; 
 All ■which persons, or those, or that one of them (as the case may 
 be), whose mortgages or mortgage shall for the time being 
 remain subsisting, are, or is hereinafter, called or included in the 
 expression " the mortgagees." 
 
 2. The said deeds and writings shall remain deposited as 
 aforesaid so long as the hereinbefore recited mortgages, or any 
 two or three of them, shall remain subsisting, unless all the 
 mortgagees shall agree to remove the said deeds and writings, 
 or any of them, into the custody of some other person or persons, 
 in which case they shall be at liberty so to do, without the con- 
 sent of the said A., his heirs or assigns ; but the mortgagees 
 shall immediately after such change of custody give notice of 
 the same to the said A., his heirs or assigns. 
 
 3. While the said deeds and writings shall remain deposited 
 
 in the said bank of Messrs. , or with any person or persons 
 
 into whose custody the same may be removed as aforesaid, the 
 said deeds and writings shall, at the request of any of the mort- 
 gagees, be produced to them or him, or to their or his solicitors 
 or agents, or at any trial, hearing, or examination in any court 
 of law or equity or other judicature, and on all other occasions 
 on which such productions can reasonably be required for the 
 manifestation and defence of the title of such mortgagees or 
 mortgagee to all or any part of the hereditaments comprised in 
 their or his mortgage, and such mortgagees or mortgagee, or their 
 
 Digitized by Microsoft® 
 
MORTGAGES. 719 
 
 ARRANGE* 
 
 MENT 
 
 BETWEEN 
 
 MOBTOAGOR 
 
 AND 
 
 SEVERAL 
 
 MOBTOAOEES 
 
 AS TO DEEDS 
 
 DEPOSITED 
 
 WITH 
 BANKERS. 
 
 or his solicitors and agents, shall he at liberty to examine the said 
 deeds and writings when so produced as aforesaid, and to make 
 copies, abstracts, and extracts of and from the same : Provided 
 ALWAYS, that any mortgagees or mortgagee requiring the pro- 
 duction of the said deeds and writings, or any of them, for any 
 of the purposes aforesaid, shall give three clear days' notice of 
 their or his intention in that behalf to the other mortgagees, 
 and in such notice shall specify the time and purpose at o^^^' ™ort- 
 
 r J ■ r r gagees to be 
 
 and for which such production shall be required, and such "* o,^^^*" 
 other mortgagees shall be at liberty to appoint a person orP^™™*° 
 persons on their behalf to attend and be present at such pro- prodnotion. 
 duction, but so that not more than one person shall be so 
 appointed on behalf of each set of mortgagees, and the costs 
 and expenses of and incidental to the production of the said 
 deeds and writings, and the examining and making copies, 
 abstracts, and extracts of and from the same (including the costs 
 and expenses incuri'ed by the other mortgagees in employing 
 a person or persons to attend on their behalf as aforesaid), 
 shall be borne and paid by the persons or person requiring 
 such production, and shall be added by them or him to their or 
 his costs as mortgagees or mortgagee, and be recoverable against 
 the said A., his heirs, executors, administrators, and assigns, as 
 such costs accordingly. 
 
 4. While the said deeds and writings shall remain deposited i. 
 at the said bank, or with any person or persons into whose produced to 
 custody the same may be removed as aforesaid, the same shall, for evi- 
 
 1/11 -iii'i- • 1 dencing his 
 
 at the request and cost of the said A., his heirs or assigns, be title to pro- 
 
 1 . 1 . 1 . . perty not 
 
 produced to him or them, or to his or their solicitors or asfents, included in 
 
 ■^ , ... o ' mortgages, 
 
 or at any trial, hearing, or examination in any court of law or 
 equity or other judicature, and on all other occasions on which 
 such production can reasonably be required, for the manifesta- 
 tion and defence of the title of the said A., his heirs or assigns, to 
 all or any of the hereditaments to which such deeds and writings 
 relate, and which are not included in the said mortgages, or in 
 such of them as shall for the time being be subsisting, and the 
 said A., his heirs and assigns, and his or their solicitors and 
 agents, shall be at liberty to examine the said deeds and 
 writings when so produced as aforesaid, and to make copies, 
 abstracts, and extracts of and from the same: Pbovided 
 ALWAYS, that before requiring the production of the said deeds 
 and writings, or any of them as aforesaid, the said A., his heirs 
 or assigns, shall give three clear days' notice of his or their 
 
 Digitized by Microsoft® 
 
720 MORTGAGES. 
 
 ARRANGE- 
 MENT 
 BETWEEN 
 MORTQAGOE 
 AND 
 SEVERAL 
 MORTGAGEES 
 
 intention in that behalf to all the mortgagees or to their solicitors, 
 
 and such mortgagees shall be at liberty to appoint a person or 
 
 persons on their behalf to attend and be present at such pro- 
 
 As TO DEEDS ductiou, but not more than one person shall be employed to 
 
 "^™h™ attend as aforesaid on behalf of each set of mortgagees, And 
 
 1. the said A., his heirs or assigns, shall pay to the mortgagees 
 
 the costs and expenses incurred by them in employing a person 
 or persons to attend on their behalf as aforesaid, 
 ifaii'inort. ^" ^^ ^^^ *^® hereinbefore recited mortgagees except one shall 
 §Kre^'^' be satisfied, the said deeds and writings shall be delivered to 
 *^s to be *^® mortgagees or mortgagee whose mortgage shall remain sub- 
 remSng*" sisting, And such mortgagees or mortgagee shall from time to 
 mortgagee, ^j^^g^ ^^^ ^-j^e request and cost of the said A., his heirs or assigns, 
 produce the said d«eds and writings, or any of them, to him or 
 them, or to his or their solicitors and agents, or at any trial, 
 hearing, or examination in any court of law or equity or other 
 judicature, and on all other occasions on which such production 
 can be reasonably required for the manifestation and defence of 
 the title of the said A., his heirs or assigns, to all or any part of 
 the hereditaments to which the said deeds and writings relate, 
 and which axe not included in the mortgage so remaining sub- 
 sisting as aforesaid. And shall also permit him or them, or his 
 or their solicitors or agents, at the like cost, to examine the said 
 deeds and writings and make copies, abstracts,^ and extracts of 
 and from the same or any of them : But the mortgagees or 
 mortgagee to whom the said deeds and writings shall be de- 
 livered as aforesaid shall not be personally liable for the pro- 
 duction of the said deeds and writings or otherwise in relation 
 thereto, after they or he shall have ceased to have the actual 
 custody of the same deeds and writings, 
 j^ ^- 6. If the hereditaments comprised in any of the said mort- 
 
 Boi°d b*a S^S^^' °^' ^'ly °f ^^'^^ hereditaments shall at any time or times 
 deedfrnf' ^^ ^°^^ undor the power of sale contained in the mortgage 
 to pureSw thereof, the mortgagees or mortgagee by whom such sale shall 
 ramnce" ^® made may cause the deeds and writings relating to the said 
 mo°r^agce. hereditaments to be delivered to the purchaser or any of the 
 purchasers upon his or their entering into the usual covenant 
 with the persons entitled to or interested in the hereditaments 
 to which such deeds and writings relate and not included in 
 such sale for the production and furnishing copies of the said 
 deeds and writings at the expense of the covenantees : Ob the 
 mortgagees or mortgagee by whom such sale shall be made may. 
 
 Digitized by Microsoft® 
 
MORTGAGES. 721 
 
 HENT 
 
 BETWEEN 
 
 MORTGAGOR 
 
 AND 
 
 SEVERAL 
 
 MORTGAGEES 
 
 AS TO DEEDS 
 
 DEPOSITED 
 
 WITH 
 BANKERS. 
 
 if they or he think fit, arrange with the purchaser or any of the '^^^°'^ 
 purchasers for the delivery to him or them of the said deeds and 
 writings at some future time on his or their entering into such 
 covenant as aforessaid : PROVIDED ALWAYS, that no mortgagee 
 shall, under this provision, deliver or cause to be delivered the 
 said deeds and writings, or any of them, to any purchaser or 
 purchasers without the consent of the other mortgagees or mort- 
 gagee (if any) on whose account the said deeds and writings 
 shall for the time being be deposited as aforesaid. 
 
 7. If any hereditaments shall be sold by any mortgagees or jj^J-^^ 
 mortgagee while the said deeds and writings shall remain delivered, 
 
 o o o purchaser 
 
 deposited as aforesaid, and the same deeds and writings, or any *°^e^^*iJ|| 
 of them, shall not be delivered to the purchaser or any of the pjoSufn 
 purchasers of such hereditaments, the said purchaser or pur- ^"s* 
 chasers shall, while the said deeds and writings shall remain 
 deposited as aforesaid, have the same right to the production of 
 the said deeds and writings, and to examine and make copies, 
 abstracts, and extracts of and from the same as is hereinbefore 
 given to the mortgagees. 
 
 8. If any of the mortgagees shall foreclose the equity of . i 
 
 J a a ^ ^ ^ T. J A mortgagee 
 
 redemption of the hereditaments, comprised in their mortgage "[Jl^'^ 
 the mortgagees or mortgagee so foreclosing shall, from and after rtghts'^th 
 such foreclosure, have the same right in respect to the said pr^dueHon 
 deeds and writings as if such foreclosure had not taken place ^ ^'°''- 
 and their or his mortgage had remained subsisting. 
 In witness, &c. 
 
 The first Schedule referred to in the above-written 
 
 Indenture {containing in four parts the several mortgaged 
 
 properties). 
 
 The second Schedule referred to in the above- 
 written Indenture (comprising the deeds). 
 
 VOL. I. ^ ^ 
 
 Digitized by Microsoft® 
 
722 
 
 MORTGAGES. 
 
 No. XCII. 
 
 ARUANGE- 
 MENT-^AS 
 TO DEEDS 
 DEPOSITED 
 
 WITH 
 SOLICITOR 
 FOR MORT- 
 
 gaoees and 
 owners op 
 diff:^bent 
 properties. 
 
 Parties. 
 
 Itecital of 
 mortgages. 
 
 That deeds 
 specified 
 in 2nd 
 B«hedule 
 relate to 
 mortgaged 
 properties, 
 and some 
 of them 
 to other 
 ]iroperty 
 
 Agreement 
 for deposit 
 with soli- 
 citor. 
 
 ■Witnessing 
 part. 
 
 1. 
 Deeds to 
 remain in 
 custody of 
 solicitor on 
 
 DEED of ARRANGEMENT with respect to Title Deeds 
 deposited with a Solicitor on behalf of several 
 MoETGAGEES of DIFFERENT PiiOPEETiES, and on behalf 
 also of the Owners of other Properties to which the 
 Deeds, or some of them, also relate. 
 
 THIS INDENTURE, &c., Between A. B., C. D., and E. F. {the 
 mortgagors as trustees of part of the property, and the owners 
 of other property held partly under the same title), of the first 
 part, G. H. of, &c. (the tenant for life of part of the property 
 and also of other property), of the second part (the several 
 mortgagees of the third to the tenth parts), and X. Y. of, &c. 
 (the depositee), of the eleventh part : (Recite the various mort- 
 gages and also other documents relating to the title) : And 
 WHEREAS the deeds and muniments of title specified in the 
 second schedule hereunder written relate respectively to the 
 hereditaments comprised in the hereinbefore recited mortgages 
 or some of them, as by the statement at the foot of the said 
 second schedule more particularly appears : and some of the 
 said deeds and muniments relate also to other hereditaments 
 not included in any of the said mortgages, but vested either in 
 the said A. B., C. D., and E. F., as the executors and trustees 
 
 of the said will of the said , or in the said G. H., as tenant 
 
 for life under the said indenture of settlement, of, &c., as by the 
 said statement at the foot of the said second schedule also 
 appears : And WHEREAS it has been agreed that the said deeds 
 and muniments shall be deposited with the said X. Y., and 
 that the said parties to these presents shall enter into such 
 agreements respecting the same as are hereinafter contained : 
 And WHEREAS the said deeds and muniments have been 
 deposited with the said X. Y. pursuant to the said agreement : 
 NOW THIS INDENTURE WITNESSETH, and in con- 
 sideration of the premises, it is hereby agreed and declared, 
 between and by the parties hereto as follows : 
 
 1. The deeds and muniments specified in the second schedule 
 hereunder written shall remain in the custody of the said X. Y. 
 so long as the hereinbefore recited mortgages respectively shall 
 
 Digitized by Microsoft® 
 
MORTGAGES. 723 
 
 ARRANGE- 
 MENT AS 
 TO DEEDS 
 DEPOSITED 
 
 WITH 
 SOLICITOR 
 
 remain subsisting, or until the custody of the same shall have 
 been changed under any of the provisions of these presents on 
 the account and for the benefit of the several persons for the 
 time being entitled as mortgagees under the hereinbefore aAaEEs°AND 
 recited mortgages respectively to the hereditaments to which oTFraRENT 
 the said deeds and muniments respectively relate : And such ™°'^''"^^- 
 of the said deeds and muniments as relate not only to the here- of aiuhe 
 ditaments comprised in some of the said mortgages, but also to ISdalarM' 
 other hereditaments vested in the said A. B., C D., and E. F., them"on the 
 
 as the trustees of the said will of the said , or in the said tS mor^ 
 
 G. H. as tenant for life under the said indenture of, &c., and not ^^°™ 
 included in any of the said mortgages, shall remain in the 
 custody of the said X. Y. during the like period on the account 
 and for the benefit not only of the said mortgagees respectively, 
 but also of the said A. B., C. D., and E. F., their heu-s and 
 assigns, or of the said G. H. and his successors in title, as the 
 case may require. 
 
 2. The said X. Y. shall, whenever requested so to do by any p^^^f ^^ ^ 
 of the persons on whose account the said deeds and muniments p™*^°^* 
 have been deposited as aforesaid, produce the said deeds and iiirea. 
 muniments, or any of them, to the person or persons requiring 
 such production, or to any person or persons authorised in that 
 behalf, by him, her, or them, or at any trial, hearing, or exami- 
 nation in any court of law or equity, or other judicature, and 
 on all occasions on which such production can reasonably be 
 required for the purpose of evidencing and defending the title 
 of the person or persons requiring such production as aforesaid, 
 to the hereditaments to which the said deeds and muniments 
 relate or any part thereof, and such person or persons shall be 
 at liberty to examine the said deeds and muniments when so 
 produced as aforesaid, and to make copies, abstracts, and ex- 
 tracts of and from the same ; And the said X. Y, or his clerk, 
 shall always attend at the production of the said deeds and 
 muniments, and shall be entitled to be paid the usual and 
 proper professional charges of a solicitor for such attendance, 
 and also for any other business which he may do in relation to 
 the said deeds and muniments : And the costs and expenses of 
 every such production (including suqh charges as aforesaid) 
 shall be borne by the person or persons requiring such produc- 
 tion, but so that if such person or persons shall be a mortgagee 
 or mortgagees, he, she, or they shall add such costs and expenses 
 to his, her, or their costs as mortgagee, and be entitled to 
 
 3 A 2 
 
 Digitized by Microsoft® 
 
724 
 
 MORTGAGEkS. 
 
 AKRASGE- 
 MENT AS 
 TO DEEDS 
 DEPOSITED 
 
 WITH 
 SOLICITOR 
 FOR MORT- 
 GAGEES AND 
 OWNERS OP 
 DIFFERENT 
 PROPERTIES. 
 
 3. 
 
 Custody 
 maybe 
 changed 
 with con- 
 currence 
 of aU the 
 mortgagees. 
 
 4. 
 On deaths 
 &c., of de- 
 positee, new 
 depositee 
 to be ap- 
 pointed. 
 
 5. 
 Ifmort- 
 
 tagees re- 
 uced to 
 one, deeds 
 maybe 
 delivered to 
 remaining 
 mortgagee. 
 
 recover the same accordingly against the said X. Y., or other 
 the person or persons entitled to the equity of redemption of 
 the mortgaged hereditaments. 
 
 3. If all the mortgagees on whose account the said deeds and 
 muniments, or any of them, shall for the time being be deposited 
 under these presents shall at any time or times concur in de- 
 siring that the said deeds and muniments, or any of them, shall 
 be removed from the custody of the said X. Y., or from the 
 custody of the person with whom the same may for the time 
 being be deposited under this provision into the custody of any 
 other person, then and in such case and so often as the same 
 shall happen, the said mortgagees shall be at liberty, without 
 the consent of the said persons parties hereto of the first and 
 second parts, or their respective heirs or assigns, or successors in 
 title, or any or either of them, to remove the said deeds and 
 muniments accordingly : And the person into whose custody 
 the said deeds and muniments shall for the time being be 
 removed shall hold the same for the purposes, and subject to 
 the provisions for and subject to which the said X. Y. is hereby 
 directed to hold the same, in like manner in all respects as if 
 he had been hereby appointed to have the custody of the said 
 deeds and muniments in the place of the said X. Y. 
 
 4. If the said X. Y., or other the person in whose custody 
 the said deeds and muniments shall for the time being be 
 deposited, shall die or be desirous of giving up the custody of 
 the same, then and so often as the same shall happen the 
 mortgagees, on whose account the said deeds and muniments 
 shall for the time being be deposited, may appoint a person to 
 take the custody of the said deeds and muniments in the place 
 of the person so dying or desiring to give up the custody o 
 the said deeds and muniments as aforesaid, and the person so 
 appointed shall hold the said deeds and muniments for the 
 purposes and subject to the provisions for and subject to which 
 the said X. Y. is hereby directed to hold the same, in like 
 manner in all respects as if he had been hereby appointed to 
 have the custody of the said deeds and muniments in the place 
 of the said X. Y. 
 
 5. If and whenever it shall happen that by reason of the 
 satisfaction of any one or more of the mortgagees or otherwise 
 there shall be only one mortgagee or set of mortgagees on whose 
 account the said deeds and muniments or any of them shall for 
 the time being be deposited, then and in such case such mort- 
 
 Digitized by Microsoft® 
 
MORTGAGES. 725 
 
 gagee or mortgagees may require the said deeds and muniments areanoe- 
 to be delivered to him, her, or them, and the same shall be so to deeds 
 
 MBNT A3 
 TO DEEDS 
 DEPOSITED 
 
 delivered accordingly. And the mortgagee or mortgagees to w™ 
 
 'C> SOLICITOIl 
 
 whom the said deeds and muniments shall be so delivered, shall, ""^ """'f- 
 
 ' ' OAGEES AND 
 
 from time to time, at the request and cost of the said A. B., °'™^™°'' 
 
 '1 ' DIFFERENT 
 
 C. D., and E. F., their heirs or assigns, as such trustees as afore- f«°f'^''^'g^- 
 said, or of the said G. H., as such tenant for life as aforesaid, or 
 of his successors in title, produce the said deeds and muniments, 
 or any of them, to them or him, or to their or his solicitors or 
 agents, or at any trial, hearing, or examination in any court of 
 law or equity, or other judicature, and on all other occasions on 
 which such production can reasonably be required for the pur- 
 pose of evidencing and defending the title of the persons or 
 person requiring such production to any hereditaments belonging 
 to or vested in them or him as aforesaid, and not included in 
 the then subsisting mortgage. And shall also permit them or 
 him, or their or his solicitors or agents, at the like cost, to 
 examine the said deeds and muniments, and make copies, 
 abstracts, and extracts of and from the same, or any of them : 
 But the mortgagee or mortgagees to whom the said deeds and 
 muniments shall be delivered as aforesaid shall not be per- 
 sonally liable for the production of the said deeds and muni- 
 ments, or otherwise in relation thereto, after he, she, or they 
 shall have ceased to have the actual custody of the said deeds 
 and muniments. 
 
 6. If the hereditaments comprised in any of the said mort- if^nypart 
 gages, or any of such hereditaments, shall at any time or times p'^/ia™" 
 be sold under any power of sale vested in any of the mortgagees, ^ortgl^te, 
 the mortgagee or mortgagees by whom such sale shall be made tTaeil^eled 
 may cause the deeds and muniments relating to the said here- wuh'TOnf ^"^ 
 ditaments, or any of them, to be delivered to the purchaser or ofS™ 
 any of the purchasers thereof upon his or their entering into ™°rtgasees. 
 the usual covenants with the persons entitled to or interested 
 in the hereditaments to which such deeds and muniments relate, 
 and which are not included in such sale, for the production and 
 furnishing copies of the said deeds and muniments at the 
 expense of the covenantees : Oe the mortgagee or mortgagees 
 by whom such sale shall be made, may, if he, she, or they 
 think fit, arrange with the purchaser, or any of the purchasers, 
 for the delivery to him or them of the said deeds and muni- 
 ments at some future time on his or their entering into such 
 covenant as aforesaid : Provided always that no mortgagee 
 
 Digitized by Microsoft® 
 
726 
 
 MORTGAGES. 
 
 ABRANGE- 
 MENT AS 
 TO DEEDS 
 DEPOSITED 
 
 WITH 
 SOLICITOR 
 FOR MORT- 
 GAGEES AND 
 OWNERS OF 
 DIFFERENT 
 PROPERTIES' 
 
 7. 
 
 If not so 
 delivered, 
 puTRhaaer 
 to have 
 same rights 
 with regard 
 to produc- 
 tion as 
 mortgagees. 
 
 After 
 
 foreclosure, 
 mortgagee 
 to have 
 same rights 
 with regard 
 to produc- 
 tion as 
 hefore. 
 
 shall under this provision deliver or cause to be delivered the 
 said deeds and muniments or any of them to any purchaser or 
 purchasers without the consent of the other mortgagees or 
 mortgagee (if any) on whose account the said deeds and muni- 
 ments shall for the time being be deposited as aforesaid. 
 
 7. If any hereditaments shall be sold by any mortgagees or 
 mortgagee while the said deeds and muniments shall remain 
 deposited as aforesaid, and the same deeds and muniments shall 
 not be delivered to the purchaser or any of the purchasers of 
 such hereditaments, the said purchaser or purchasers shall, while 
 the said deeds and muniments shall remain deposited as afore- 
 said, have the same right to the production of the said deeds and 
 muniments, and to examine, and make copies, abstracts, and 
 extracts of and from the same, as is hereinbefore given to the 
 said mortgagees. 
 
 8. If any of the said mortgagees shall foreclose the equity of 
 redemption of the hereditaments compiised in his, her, or their 
 mortgage, the mortgagee or mortgagees so foreclosing shall have 
 the same rights in respect of the said deeds and muniments as 
 if such foreclosure had not taken place, and his, her, or their 
 mortgage had remained subsisting. 
 
 In witness, &c. 
 
 The 1st Schedule referred to in the above-written 
 Indenture (comprising the mortgaged properties). 
 
 The 2nd Schedule referred to in the above-written 
 Indenture (comprising the deeds). 
 
 Digitized by Microsoft® 
 
BILLS OF SALE. 
 
 It is proposed in this Dissertation to consider : — ^l^fX '" 
 (I.) The modes of transfer of personal chattels. 
 (2.) The protection afforded to creditors against secret 
 dispositions of their debtors' chattels by the statutory- 
 provisions for the registration of bills of sale. (3.) In 
 what cases, having regard to the " Bills of Sale Act, 
 1878," a gift or sale of chattels is liable to be avoided 
 by creditors under the statute 13 Eliz. c. 5, or the 
 trustee of a bankrupt can dispose of chattels in his 
 possession as reputed owner under the order and 
 disposition clause in the " Bankruptcy Act, 1869." 
 (4.^ In what cases a bill of sale is an act of bankruptcy. 
 (5.) The proper mode of framing a bill of sale by way 
 of mortgage, including provisions for extending the 
 security to after-acquired chattels. 
 
 I. — The modes of transfer of personal chattels. 
 
 The property in personal chattels may be trans- ^°^^j''g°'j,f 
 ferred, by actual delivery, by deed, or by a contract for p™j°°i 
 sale. 
 
 A gift of chattels must be by delivery or deed. A ^^^XS""' 
 parol gift is void (a). ™'^- 
 
 Where actual deHvery of the articles which are the Delivery-: 
 
 . /» . . "11 • • 1 what 18 
 
 subject of the gift is impossible or mconvement, a de- sufficient. 
 livery of some symbol of possession wUl be sufficient, 
 as where the goods are in a warehouse, a delivery of 
 the key (&). The marking of the goods by the pur- 
 chaser has been also held to be a delivery and taking 
 possession (c). 
 
 (a) Irons v. Smallpiece, 2 B. & 366. 
 
 Aid. 551 ; Shower v. Pilch, 4 Exch. (c) EUis v. Hunt, 3 T. K. 464 ; 
 
 478, 19 L. J. (Ex.) 113. Stoveld v. Hughes, 14 East, 308. 
 
 (6) Ryall v. Rowler,l Ves. Senr. 
 
 Digitized by Microsoft® 
 
728 BILLS OK SALE. 
 
 BUI of sale. A deed or other instrument transferring the property 
 Absolute or in chattels, is usually called a bill of sale. Bills of 
 sale are either absolute, entitling the grantee to im- 
 mediate possession ; or conditional, entitling him to 
 take possession on the performance or non-performance 
 of some condition, e.g., a mortgage, where the mort- 
 gagor is entitled to retain possession until default. 
 Contract A contract for the sale of goods, if of the value of 
 
 reqm^ftes lOZ. or upwards, must, under the Statute of Frauds, be 
 mkSe"r accompanied by acceptance of part of the goods or pay- 
 Frauds. nient of part of the money as earnest money, by the 
 purchaser, or, there must be a memorandum in writing 
 signed by the parties to be charged, or their agents, 
 and if the contract is not to be performed within a 
 year, a memorandum in writing is necessary, however 
 small may be the value of the goods. Subject to this 
 condition, the contract passes the property in the goods 
 at law, and the vendor is bound .on payment of the full 
 price to deliver them over to the vendee. 
 
 An agreement letter or memorandum for or relating 
 to the sale of goods, wares, or merchandise, is ex- 
 empted from stamp duty {d), and it is apprehended 
 that this exemption extends to an instrument pur- 
 porting to be a present assignment of this description 
 of property (e). 
 rixtures. Fixtures, i.e., chattels affixed to the land or to a 
 
 building, are, when so affixed, part of the land, and 
 pass by an assurance of the land itself without being ex- 
 pressly mentioned, and this is so whether the assurance 
 be absolute, or by way of mortgage, legal or equitable 
 (including a deposit of deeds), and whether the person 
 making the assurance, or the depositor, be absolute 
 owner of the land and fixtures, or a lessee of the land 
 who has put up the fixtures and has a right to re- 
 move them as against his landlord (/). But a lessee or 
 tenant having put up fixtures which he has a right to 
 
 (d) 33 & 34 Vict. c. 97, sch. & G. V25; Clinie «. Wood, L. E. 3 
 "Agreement." Ex. 328 ; ex parte Astbury, L. K 4 
 
 (e) See Horsfall v. Key, VI L. J. Ch. 630; expwrte Broadwood, 1 M. 
 Ex. 266. D. & De G. 621 ; ex parte Price and 
 
 (J) Colgrave v. Dios Santos, 2 B. another, 2 M. D. & G. 58 ; Meux v. 
 
 & C. 76 ; Longstaff v. Meagoe, 2 Ad. Jacobs, L. R. 7 H. L. 481. 
 
 & El. 167 ; ex parte Cotton, 2 M. D. 
 
 Digitized by Microsoft® 
 
BILLS OF SALE. 
 
 729 
 
 remove, may assign them by deed or writing separately 
 from 'his interest in the land. Such an assignment 
 operates as a transfer of the right of severance, and a 
 licence to the assignee to enter upon the land for the 
 purpose of exercising such right (g). 
 
 Rights to 
 lixtureB aft 
 between 
 landlord 
 and tenant. 
 
 Whether 
 tenant may 
 remove 
 green- 
 nouses. 
 
 (g) Thompson v. Pettit, 16 L. J. 
 Q. B. 162 ; Horsfall v. Key, 17 L. J. 
 Ex. 266. 
 
 The rule with reference to 
 fixtures as between landlord and 
 tenant is that everything which the 
 latter affixes for the better enjoy- 
 ment of the property during the 
 term, whether the annexation is 
 made for the purpose of trade, or for 
 domestic convenience or ornament, 
 may be removed by him during the 
 term, provided the removal can be 
 made without material injury to the 
 freehold, and provided the fixture is 
 not a substantial addition to the 
 house, similar to the conservatory 
 erected by the tenant in Buckland 
 V. Butterfield, 2 Brod & Bing. 54, 
 or a building with foundations let 
 into the soil, as in the case of White- 
 head V. Bennett, 27 L. J. Ch. 474 ; 
 see also Thresher v. East London 
 Waterworks Company, 2 B. & C. 
 608. Accordingly, it has been held 
 that vats, colliery engines, looms 
 fastened to the floor, and other fixed 
 machinery, wooden cornices, chim- 
 ney-pieces, fixed wainscot, hangings, 
 pier-glasses, grates, stoves, cooling 
 coppers, blinds, a fixed pump, &o., 
 are removable by the tenant. (Poole's 
 Case, ] Salk. 363 ; Lawton v. Law- 
 ton, 3 Atk. 13 ; Dean v. Allalley, 
 3 Esp. N. P. C. 11 ; Foley v. Adden- 
 broke, 13 M. & W. 174; Avery v. 
 Cheslyn, 3 Ad. & El. 75; Boyd v. 
 Shorrock, L. R. 5 Eq. 72 ; Grymes 
 V. Boweren, 6 Bing. 437 ; Queen v. 
 Lee, L. R. 1 Q. B. 251 ; Amos & 
 Ferrard's Fixtures, pp. 42, 48, 74, 
 82, 86.) 
 
 It appears that an ordinary tenant 
 would not be entitled to remove a 
 greenhouse erected by him which is 
 fixed with mortar to foundation 
 walls of brickwork, or such a thing 
 as a boiler built into the masonry of 
 the bliilding ; but that greenhouses, 
 forcing pits, and hotbed frames 
 erected by nursery gardeners for the 
 purposes of their trade, may be re- 
 
 moved so far as they do not consist 
 of brickwork. (Jenkins v. Getting, 
 2 J. & H. 520.) Buildings erected 
 by a rector during his incumbency 
 may be removed by him or his 
 representatives, when if he had been 
 only an ordinary tenant they would 
 have been irremovable. Thus, when 
 a rector built in his garden two hot- 
 houses, consisting of a frame and 
 glass-work resting on brick walls, it 
 was held that his executors were en- 
 titled to remove them without in- 
 curring any liability for dilapidation 
 or waste. (Martin v. Roe, 7 El. & 
 Bl. 237.) 
 
 Questions often arise as to what Eight to 
 are to be deemed fixtures as between fl^ires as 
 the heir and executor of a deceased heir and 
 owner. The principle is this ; — If executor, 
 machinery or any more or less im- 
 portant article is aftixed by the 
 owner, though it be only shghtly 
 affixed, as by bolts, nuts, or screws, 
 it is to be considered as part of the 
 land, if the object is to increase the 
 value or beneficial enjoyment of 
 the premises, whether the purpose 
 he has in view is profit or domestic 
 convenience or ornament. By way 
 of illustration, the engines which 
 the owner affixed as in the case 
 of Fisher v. Di.von, 12 CI. & Fin. 
 312, the steam-engine and boilers, 
 miU-gear, &c., erected, as in the 
 case of Mather v. Fraser, 2 K. & J. 
 536, the threshing-machine attached 
 to the barn to improve its usefubiess 
 as a barn, as in the case of Wiltshear 
 V. CotteriU, 1 E. & B. 674, the hay- 
 cutter attached to the stable as an 
 adjunct and to improve its useful- 
 ness as a stable, as in Walmisley v. 
 Milne, 29 L. J. C. P. 97, and the 
 looms attached to the floors of the 
 mill, as in Holland v. Hodgson, L. R. 
 7 C. P. Ex. Ch. 328, were held tu be 
 annexations to improve the inherit- 
 ance. (See also Queen v. Lee, L. R. 
 1 Q. B. 251 ; Longbottom v. Berry, 
 L. R. 5 Q. B. 123.) 
 
 As to what are not fixtures, see notflirtures. 
 
 Digitized by Microsoft® 
 
730 
 
 BILLS OF SALE. 
 
 of chattels 
 carries pre- 
 sumption of 
 ownership. 
 
 Twyne's 
 case. 
 
 Order and 
 disposition 
 clause of 
 Banlcriiptcy 
 Act, 1869. 
 
 II. — The 'protection afforded to creditors against secret 
 dispositions of their debtors' chattels, hy the statu- 
 tory provisions for registering hills of sale. 
 
 The possession of chattels carries with it a presump- 
 tion of ownership which does not arise in relation to a 
 house or land, the occupier of which is as often a tenant 
 as absolute proprietor, and the claim of creditors to 
 some protection against secret aliena,tions of their 
 debtors' goods has from time to time been reboghiseid 
 by the legislature and courts of law. , 
 
 Thus in Twyne's case, an assignment by a debtor of 
 his goods to one of his creditors was adjudged fraudu- 
 lent and void against another creditor under the Act 
 13 Eliz. c. 5, on the ground (among others) that the 
 grantor was permitted to retain possession. But in 
 this and subsequent cases, the continuance in posses- 
 sion was treated as a mark only, and not as conclusive 
 evidence of fraud ; and where such possession was con- 
 sistent with the terms of the deed, and the nature of 
 the transaction, as in the case of a mortgage, the sus- 
 picion of fraud was rebutted, and the transaction could 
 not be impeached under the Act of Elizabeth {h). 
 
 If the grantor of a bill of sale was a trader, and 
 became bankrupt, his creditors had a more effectual 
 remedy under the Bankruptcy law. Thus the "Bank- 
 ruptcy Act, 1869" (i), (following former Acts,) in- 
 cludes as part of the property divisible amongst the 
 creditors of the bankrupt "all goods and chattels being 
 at the commencement of the bankruptcy ijc), in the 
 possession, order, and disposition of the bankrupt, 
 being a trader, by the consent and permission of the 
 true owner of the goods and chattels, of which the 
 bankrupt is reputed owner, or of which he has taken 
 
 Davis 0. Jones, 2 Bar. & Aid. 165 ; 
 Wansbrougt v. Maton, 4 A. & E. 
 884 ; Wood v. Hewitt, 14 L. J. Q. 
 B. 247; Penton v. Eobart, 2 East, 
 90 ; Culling v. Tuffnal, Bui. N. P. 
 34 ; Holland v. Hodgson, ubi supra, 
 331 ; a. V. Otley, 1 B. & Ad. 161 ; 
 Ex paHe Astbury, L. R. 4 Ch. 630. 
 
 (h) 3 Rep. 80. Edwards v. Harben, 
 2 T. R. 587 J Mai-tindal6 v. Booth, 3 
 
 B. & Ad. 498 ; Cooke t. Walker, 3 
 W. R. 357 ; Weaver v. Joule, 3 C. B. 
 (N. S.) 309 ; Macdonai). Swiney, 8 Ir. 
 
 C. L. R. 73. See also Wooderman v. 
 Baldock, 6 Taunt. 676. 
 
 (i) 32 & 33 Vict. c. 71, sec. 15. 
 
 (/c) i.e., the date of the act of 
 bankruptcy on which the adjudica- 
 tion is granted. See sec. 11 of 
 Bankruptcy Act, 1869. 
 
 Digitized by Microsoft® 
 
Bills of Sale 
 Act, 1878, 
 
 BILLS OF SALE. 731 
 
 upon himself the sale or disposition as owner;" and it <^??«„ 
 
 1 i"/Y» PI n appUcable 
 
 mates no dinerence tor the purpose of this enactment ^'^°^^^' 
 that the biU of sale is a mortgage, and that the mort- ^^"^"-^ 
 gagor's possession is in accordance with its terms (Z). 
 
 But the order and disposition clause would not apply ^'3'^''og|'t°o„ 
 to chattels which have acquired the character of fix- ^^"^"^l, 
 tures, whether the premises to which they are attached fl^'^'es- 
 be freehold or leasehold, and whether as between land- 
 lord and tenant the fixtures are the absolute property 
 of the landlord, or are removable by the tenant, and 
 whether they are disposed of by the same instrument 
 with the land, or separately (m). 
 
 In 1854 the first Act (n) was passed for the registra- ^''/^'"^gff^ 
 tion of biUs of sale. This and a supplemental Act andisoo, 
 passed in 1866^ whereby registration was required to 
 be renewed every five years, have been repealed except 
 as regards instruments made before the 1st January, 
 1879, by the " Bills of Sale Act, 1878," which as from 
 that date regulates the law on the subject. 
 
 Under the " Bills of Sale Act, 1878 " (41 Vict. c. 31, 
 sects. 3, 8), every bill of sale executed on or after the Jlg^Si 
 1st January, 1879 (whether the same be absolute or J^^^.'°"=™° 
 subject or not subject to any trust), whereby the holder 
 or grantee has power, either with or without notice, and 
 either immediately or at any future time, to seize or 
 take possession of any personal chattels comprised in or 
 made subject to such bill of sale, must be duly attested 
 and registered as required by the Act, within seven 
 days (o) after the making or giving thereof, and must 
 set forth the consideration for which such bill of sale 
 was given, otherwise such bill of sale is fraudulent and 
 void as against aU trustees of the estate of the grantor 
 in bankruptcy, or liquidation, or under any assignment 
 for the benefit of his creditors, and against execution 
 
 (l) Freshney v. Kerrick, 1 H. & between two bills of sale of the ^between 
 
 N. 653, 26 L. J. Ex. 129 ; Spackman same chattels, the seven days here ^e,*<5a?e "/ 
 
 V. Miller, 9 Jwc. N. S. 50. mentioned are not allowed for regis- registration, 
 
 (m) Ex parte Barclay, 5 De G. M. tration. It follows that as between "^^K™"™ 
 
 & G. 403 ; Whitmore v. Empsqn, 23 several bills of sale, the date of re- ^™" ^" 
 
 Beav. 313 ; Mather v. Eraser, 2 K. & gistration will determine the prio- 
 
 J. 536 ; Walmisley v. Milne, 29 rity, so that it will be prudent for a 
 
 L. J. (N. S.) C. P. 97. person lending money on a bill of 
 
 (n) 17 & IS Vict. c. 36. sale to retain the control over his 
 
 (o) On reference to section 10, money, until the deed has been pre- 
 
 injra, p. 740, it will be seen that as sented to the registrar. 
 
 Digitized by Microsoft® 
 
732 
 
 BILLS OF SALE. 
 
 What are 
 bills of sale 
 aDd personal 
 chattels, 
 and what is 
 apparent 
 possession 
 within Apt. 
 
 Interpreta 
 tion of 
 terms. 
 
 Bill of sale. 
 
 creditors, so far as regards the property in or right to 
 the possession of any chattels comprised in such bill of 
 sale, which at or after the filing of the bankruptcy or 
 liquidation petition, or the execution of the assignment, 
 or th6 execution of process, and after the expiration of 
 such seven days, are in the possession or apparent pos- 
 session of the parties {p). 
 
 The following sections of the Act define and explain 
 what are to be deemed " bills of sale" and " personal 
 chattels " for the purposes of the Act, and under what 
 circumstances personal chattels will be deemed to be in 
 the "apparent possession" of the grantor. 
 
 Sec. 4. In this Act the following words and expressions stall 
 have the meanings in this section assigned to them respectively, 
 unless there te something in the subject or context repugnant 
 to such construction ; (that is to say) : 
 
 The expression " bill of sale " shall include bills of sale, assign- 
 ments, transfers, declarations of trust without transfer, inventories 
 of goods with receipt thereto attached, or receipts for purchase 
 moneys of goods (q), and other assurances of personal chattels, 
 and also powers of attorney, authorities, or licenses to take pos- 
 session of personal chattels as security for any debt, and also any' 
 agreement,whether intended or not to be followed by the execu- 
 tion of any other instrument, by which a right in equity to any 
 personal chattels, or to any charge or security thereon, shall be 
 conferred, but shall not include the following documents ; that 
 is to say, assignments for the benefit of the creditors of the 
 person making or giving the same, marriage settlements, trans- 
 fers or assignments of any ship or vessel or any share thereof, 
 transfers of goods in the ordinary course of business of any 
 trade or calling, bills of sale of goods in foreign parts or at 
 sea, bills of lading, India warrants, warehouse keepers' certifi- 
 cates, warrants or orders for the delivery of goods, or any other 
 documents used in the ordinary course of business as proof of 
 the possession or control of goods, or authorising or purport- 
 ing to authorise, either by indorsement or by delivery, the 
 possessor of such document to transfer or receive goods thereby 
 represented : 
 
 (p) Sects. 3, 8. Under the Act of 
 1854 twenty-one days were allowed 
 for registration. 
 
 (g) Under the Act of 1854 a 
 
 receipt for the purchase money of 
 goods was held not to be a hill of 
 sale. Byerley v. Prevost, L. R. 6 C. 
 P. 144. 
 
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BILLS OF SALE. 733 
 
 The expression " personal chattels " shall mean goods, furni- ^^JJ^^ 
 ture, and other articles capable of complete transfer by delivery, 
 and (when separately assigned or charged) fixtures and growing 
 crops, but shall not include chattel interests in real estate, nor 
 fixtures (except trade machinery as hereinafter defined), when 
 assigned together with a freehold or leasehold interest in any 
 land or building to which they are afiixed, nor growing 
 crops when assigned together with any interest in the land on 
 which they grow, nor shares or interests in the stock, funds, or 
 securities of any government, or in the capital or property of 
 incorporated or joint-stock companies, nor choses in action, 
 nor any stock or produce upon any farm or lands which by 
 virtue of any covenant or agreement or of the custom of 
 the country ought not to be removed from any farm where 
 the same are at the time of making or giving of such bill 
 of sale : 
 
 Personal chattels shall be deemed to be in the " apparent Apparent 
 possession " of the person making or giving a bill of sale, so 
 long as they remain or are in or upon any house, mill, ware- 
 house, building, works, yard, land, or other premises occupied 
 by him, or are used and enjoyed by him in any place whatso- 
 ever, notwithstanding that formal possession thereof may have 
 been taken by or given to any other person. 
 
 Sec. 5. From and after the commencement of this Act, trade Application 
 machinery shall, for the purposes of this Act, be deemed to be trade ma- 
 personal chattels, and any mode of disposition of trade ma- 
 chinery by the owner thereof which would be a bill of sale as 
 to any other personal chattels shall be deemed to be a bill of 
 sale within the meaning of this Act. For the purposes of this 
 Act — " Trade machinery " means the machinery used in or 
 attached to any factory or workshop ; 1st. Exclusive of the 
 fixed motive powers, such as the water-wheels and steam en- 
 gines, and the steam-boilers, donkey engines, and other fixed 
 appurtenances of the said motive powers ; and 2ud. Exclusive 
 of the fixed power machinery, such as the shafts, wheels, 
 drums, and their fixed appurtenances, which transmit the 
 action of the motive powers to the other machinery fixed and 
 loose ; and 3rd. Exclusive of the pipes for steam, gas, and 
 water in the factory or workshop. The machinery or efiects 
 excluded by this section from the definition of trade ma- 
 chinery shall not be deemed to be personal chattels within 
 the meaning of this Act. " Factory or workshop " means any 
 
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734 
 
 BILLS OF SALE. 
 
 Certain 
 instruments 
 giving 
 powers of 
 distress to 
 lie subject 
 to this Act. 
 
 Fixtures or 
 growing 
 crops not to 
 be deemed 
 separately 
 assigned 
 ■when tlie 
 land passes 
 by the same 
 instrument. 
 
 premises on which any manual labour is exercised by way of 
 trade, or for purpo.ses of gain, in or incidental to the following 
 purposes or any of them ; that is to say, (a.) In or incidental 
 to the making any article or part of an article ; or (b.) In or 
 incidental to the altering, repairing, ornamenting, finishing, 
 of any article; or (c.) In or incidental to the adapting for 
 sale any article. 
 
 Sec. 6. Every attornment, instrument, or agreement, not 
 being a mining lease, whereby a power of distress is given or 
 agreed to be given by any person to any other person by way of 
 security for any present, future, or contingent debt or advance, 
 and whereby any rent is reserved or made payable as a mode of 
 providing for the payment of interest on such debt or advance, 
 or otherwise for the purpose of such security only, shall be 
 deemed to be a bill of sale, within the meaning of this Act, of 
 any personal chattels which may be seized or taken under such 
 power of distress. 
 
 Provided, that nothing in this section shall extend to any 
 mortgage of any estate or interest in any land, tenement, or 
 hereditament which the mortgagee, being in possession, shall 
 have demised to the mortgagor as his tenant at a fair and 
 reasonable rent (a). 
 
 Sec. 7. No fixtures or growing crops shall be deemed, under 
 this Act, to be separately assigned or charged by reason only 
 that they are assigned by separate words, or that power is given 
 to sever them from the land or building to which they are 
 affixed, or from the land on which they grow, without other- 
 wise taking possession of or dealing with such land or building, 
 or land, if by the same instrument any freehold or leasehold 
 interest in the land or building to which such fixtures are 
 affixed, or in the land on which such crops grow, is also con- 
 veyed or assigned to the same persons or person. 
 
 The same rule of construction shall be applied to all deeds or 
 instruments, including fixtures or growing crops, executed before 
 the commencement of this Act, and then subsisting and in 
 force, in all questions arising under any bankruptcy, liquida- 
 tion, assignment for the benefit of creditors, or execution of any 
 process of any court, which shall take place or be issued after 
 the commencement of this Act. 
 
 (a) As to the construction of this proviso, see the " Addenda," at the 
 beginning of this Volume. See also infrA, p. 737, as to the effect of section 
 6 generally. 
 
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BILLS OJF SALE. 735 
 
 Under the Act of 1854, fixtures were included in Result of 
 the definition of personal chattels without any quahfi- onX^S 
 cation, and the question arose in several cases whether fixtures." 
 a mortgage of land including fixtures was hable to 
 registration on that account. The result of the de- 
 cisions was that a mortgage of freeholds or leaseholds, 
 and the fixtures attached, or of freeholds or leaseholds 
 without additional words, (the efiect of which would be, 
 a^ has been already stated, to carry the fixtures also), 
 which contained no power to sell or sever the fixtures, 
 or otherwise deal with them as a separate property, 
 did not require to be registered ; whereas a mortgage 
 of fixtures as a separate property, either by being 
 assigned without the freehold or leasehold interest, or 
 by being assigned in connection with the leasehold in- 
 terest, as to the leaseholds for the residue of the term, 
 and as to the fixtures absolutely, or by being assigned 
 in connection with the leasehold interest, but with 
 power to sell or sever them, required registration (o-). 
 
 "Growing crops" were not mentioned in the Act of Growing 
 1854, and it was held that they were not personal 
 chattels within its meaning (s). 
 
 The effect of the enactments as regards fixtures and direct of 
 growing crops may be thus stated : — as to 
 
 (1.) Whenever by any subsisting instrument exe- growing 
 
 \ ' «/ t/ ^ crops 
 
 cuted before the 1st January, 1879, an owner (t) of i. Asto 
 fixtures of any description has assigned or charged made'™efSre 
 them separately, and the instrument contains no con- 
 veyance, assignment, or charge of any interest in the 
 land or building to which the fixtures are attached, 
 such an instrument is a bill of sale, and ought to have 
 been registered under the Act of 1854 ; but if the in- 
 strument contains a conveyance, assignment, or charge 
 of some freehold or leasehold interest in the land or 
 building in favour of the same person or persons, such 
 instrument need not be registered, although the fix- 
 
 (r) Mather v. Eraser, 2 K. & J. C. D. 503. 
 
 536 ; Waterfall i>. Penistone, 6 El. & (s) Branton v. Griffits, L. E. 2 C. 
 
 Bl. 886 ; Whitmore v. Empson, 23 P. D. 212. 
 
 Beav. 313; Hawtry v. Butlin, L. E. (t) The term " owner " in this and 
 
 8 Q. B. 290 ; Ex parte Daglish, L. E. the following paragraphs includes a 
 
 8 Ch. 1072 ; Ex parte Barclay, L. E. lessee or tenant who has a right to 
 
 9 Ch. 576 ; Meux v. .Tacohs, L. E. 7 remove fixtures as against his land- 
 H. L. 481 ; In re Eslick, L. E. 4 lord. 
 
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 1879. 
 
736 
 
 BILLS OF SALE. 
 
 ,2. Instru- 
 ments made 
 alter 1878 
 must be 
 registered, 
 if fixtures or 
 crops are 
 
 separately. 
 
 3. Secmil 
 assigned 
 with a free- 
 hold or 
 leasehold 
 interest in 
 land, except 
 as to trade 
 machinery 
 
 4. Instru- 
 ment made 
 after 1878, 
 assigning 
 'trade 
 machinery 
 must be 
 
 As to 
 fixtures 
 attached to 
 copyholds. 
 
 tures may have been assigned by separate words, or 
 a power may have been given to the grantee to sever 
 them. 
 
 (2). Whenever by an instrument executed subse- 
 quently to 1878, an owner of fixtures of any descrip- 
 tion, or of growing crops, assigns or charges them 
 separately without including therein any interest in 
 the land or building to which they are attached, or 
 the land on which they grow, such instrument is a 
 bill of sale, and must be registered under the Act of 
 1878. 
 
 (3). Whenever by an instrument executed subse- 
 quently to 1878, an owner of fixtures (except trade 
 machinery as defined by the Act of 1878), or of grow- 
 ing crops, assigns or charges them, and by the same 
 instrument assigns or charges to the same person or 
 persons any freehold or leasehold interest in the land 
 or building to which such fixtures are attached, or in 
 the land on which the crops are growing, then, although 
 such fixtures or crops may be assigned by separate 
 words, or a power may be given to sever them from 
 the land or building, such instrument will not require 
 to be registered. 
 
 (4). Whenever by an instrument executed subse- 
 quently to 1878, " trade machinery" as defined by the 
 Act of 1878 is assigned or charged, either separately 
 or in connection with any interest in the building to 
 which it is aflSxed, or the building itself is conveyed, 
 assigned, or charged, without any express mention of 
 the trade machinery, but so as to pass such machinery 
 as appurtenant thereto, such instrument is a bill of 
 sale so far as regards the trade machinery, and will 
 require registration. 
 
 It will be noticed that the above sections of the Act 
 of 1878, omit all mention of fixtures when assigned or 
 charged in connection with copyhold land or buildings. 
 It is apprehended, however, that the same rules will 
 apply to copyholds, so that if fixtures attached to a 
 copyhold building are mortgaged separately, the in- 
 strument will require registration, but a conditional 
 surrender, or equitable mortgage by deed or writing, of 
 the land or building, either with or without express 
 mention of the fixtures, will be good against creditors. 
 
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BILLS OF SALE. 737 
 
 &c., without registration, except as regards trade ma- 
 chinery within the meaning of section 5. 
 
 In several cases the question arose with reference Agreements 
 to the Act of 1854, whether' agreements for bills of safe must 
 sale required registration, and was not satisfactorily mdef^w * 
 settled (t). _ The Act of 1878 puts an end to all doubt '"''' 
 on this point by including such agreements in the 
 definition of bills of sale. 
 
 It is usual and proper when a mortgagor is himself in Practice of 
 the occupation of the mortgaged property, to make him attornment 
 attorn tenant to the mortgagee at a rent equal to the mortgages 
 interest, the object being to give to the latter a speedy mortgagor 
 remedy for his interest if in arrear, instead of being notTSd 
 obHged to take possession. The eflPect of section 6 will ^ ^ ' "' 
 be to prevent the mortgagee from distraining under the 
 attornment clause any goods belonging to the mort- 
 gagor after he has become bankrupt, or after the goods 
 have been taken by an execution creditor, but the 
 power of distress will remain in full force as against 
 the mortgagor himself The practice of inserting the 
 clause will not be affected by the new enactment (u). 
 
 The Act of 1878 (like the Act of 1874) makes the^aus^^ 
 unregistered bill of sale void, if the goods remain in ^Jj^^^^j 
 the possession or apparent possession of the erantor. ofth" , 
 
 TXT1 j_ ' -^ '-. T ■*■ 1^ 1 apparent 
 
 What IS necessary m order to put an end to the p,"^"^"^™ 
 grantor's apparent possession has been the subject of 
 several decisions, from which it will be seen that the 
 grantee by himself or his agent must obtain actual 
 possession, and exclude the grantor from the use and 
 enjoyment of them. In a case where an assignee of c^j^sot^^^ 
 furniture sent a person into the house to take and 
 keep, and who took and kept possession, but the 
 assignor down to the date of his bankruptcy con- 
 tinued to live in the house and use the furniture as 
 
 (t) Ex parte Homan, L. K. 12 value of the property, so that in 
 
 Eq. 598 ; Taylor v. Eokersley, L. E. case of a bankruptcy the mortgagee 
 
 5 Ch. D. 740 ; contrd, Ex parte might seize the mortgagor's goods 
 
 Mackay, L. R. 8 Ch. 643. by a distraint, aud thus obtain pre- 
 
 Attomment (u) Before the Act of 1878 it was ference over the other creditors. 
 
 f't?°d d sometimes attempted to defeat the Such a device was adjudged to 
 
 defeat" ° policy of the bankrupt kw by the be void in a recent case. Ex 
 
 policy of contrivance of an attornment clause parte Williams, L. R. 7 Ch. V. 
 
 Uw.'^void reserving a rent exceeding the inte- 138. 
 
 under Act rest of the money or the annual 
 
 ""«**■ VOL. 1. 3 B 
 
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738 BILLS OF SALE. 
 
 before, it was held that the furniture was in the ap- 
 parent possession of the bankrupt within the meaning 
 of the " Bills of Sale Act " (v). In Lems v. Hender- 
 son {x), the holder of a bill of sale took possession of 
 the furniture by sending in a broker's man, who re- 
 mained in the house and slept in an upper room, but 
 did not remove the furniture nor interfere with the 
 use of it by the grantor. At a subsequent time pla- 
 cards were posted in the neighbourhood of the house, 
 announcing a sale of the furniture on a specified day, 
 but there was nothing in them from which it could be 
 inferred that the sale was not made by the grantor. 
 It was held that the possession taken by the grantee 
 was only formal. And in another case, the grantees 
 endeavoured unsuccessfully to get possession of the 
 goods, and it was held, though such endeavour would 
 have been sufficient under the Bankruptcy Act, it did 
 not satisfy the requirements of the Bills of Sale- 
 Act (y). But the mere fact of the goods remaining in 
 the house where the grantor resides is not fatal, if they 
 have ceased to be in his actual or apparent possession. 
 Thus, in Smith v. Wall (z), the mortgagee put a man 
 into possession in the house of the mortgagor ; the 
 doors were kept locked, and the business of the" mort- 
 gagor was stopped, and the key was kept by the man 
 in possession. On a subsequent day, printed notices 
 announcing a sale by auction of the goods were posted 
 outside the house and in places about the neighbour- 
 hood, and the catalogue stated that the sale would take 
 place under the bill of sale. The debtor remained on 
 the premises contrary to the officer's wishes, as he said 
 he could not get lodgings elsewhere. Between the 
 issuing of the notices and the sale an execution against 
 the debtor was put in, the bailiff procuring admission 
 by knocking at the door, and when it was opened 
 forcing his way in. It was held that the goods were 
 not in the actual possession of the grantor, and there- 
 fore not within the provisions of the Bills of Sale 
 
 (v) Ex parte Hooman, L. R. 10 D. 285. 
 
 Eq. 63. («) 18 L. T. N. S. 182. See also 
 
 (x) L. E. 6 Ch. 626. Gougli v. Everard, 2 H. & C. 1, 12. 
 (y) Ancona v. Rogers, L. R. 1 Ex. 
 
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BILLS OF SALE, 739 
 
 Act. In another case (a), the grantor was tenant of 
 the rooms where the goods were kept, but did not 
 reside there. Having made default, he dehvered the 
 keys of the room to the grantee, who put his name on 
 some of them ; none, however, were removed. The 
 goods were decided not to be in the apparent pos- 
 session of the grantor. 
 
 As regards the seven days allowed for registration, BuiofsaiG 
 it was held in Marples v. Hartley {b), that if the w^'iS'the 
 sheriff took goods in execution before the expiration of b7theAct° 
 twenty-one days allowed by the Act of 1854, the fx°cuS'to 
 grantee was not prevented from setting up the bill of ume"™"" 
 sale, although unregistered ; and it is apprehended 
 that the rule will be the same under the Act of 1878, 
 substituting seven for twenty-one days. 
 
 Under the Act of 1854, the device was sometimes Repeated 
 adopted, when it was wished to avoid registration as mK saie. 
 long as possible, of repeatedly renewing the bill of 
 sale, each renewal being within the twenty-one days 
 allowed by that Act, and the instrument for the time 
 being in force being registered when an execution 
 or a bankruptcy became imminent (c). This device is 
 effectually prevented in future by the following enact- 
 ment : — 
 
 Sect. 9. Where a subsequent bill of sale is executed within or 
 on the expiration of seven days after the execution of a prior 
 unregistered bill of sale, and comprises all or any part of the 
 personal chattels comprised in such prior bill of sale, then, if 
 such subsequent bill of sale is given as a security for the same 
 debt as is secured by the prior bill of sale, or for any part of 
 such debt, it shall, to the extent to which it is a security 
 for the same debt or part thereof, and so far as respects the 
 persona] chattels or part thereof comprised in the prior bill, be 
 absolutely void, unless it is proved to the satisfaction of the 
 Court having cognisance of the case that the subsequent bill of 
 sale was bond fide given for the purpose of correcting some 
 material error in the prior bill of sale, and not for the purpose 
 of evading this Act. 
 
 (a) Robinson v. Briggs, L. R. 6 (c) Smale v. Burr, L. R. 8 C. P. 
 
 jjxch 1 64 ; Ramsden v. Lupton, L. R. 9 
 
 (hM Jur. N. S. 446 : 30 L. J. Q. B. 17 ; Ex parte Jackson, L. R. 
 
 Q.t. 92. 4 C. D. 682. 
 
 3 B 2 
 
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740 BILLS OF SALE. 
 
 The following sections state the mode of registering 
 bills of sale : 
 
 Modes of Sect. 10. A bill of sale shall be attested and registered 
 
 wusofsaie. Under this Act in the following manner : (1.) The execution of 
 every bill of sale shall be attested by a solicitor of the Supreme 
 Court, and theH attestation shall state that before the execution 
 of the bill of sale the effect thereof has been explained to the 
 grantor by the attesting solicitor : (2.) Such bill, with every 
 schedule or inventory thereto annexed or therein referred to, 
 and also a true copy of such bill and of every such schedule or 
 inventory, and of every attestation of the execution of such 
 bill of sale, together with an affidavit of the time of such bill of 
 sale being made or given, and of its due execution and attesta- 
 tion, and a description of the residence and occupation of the 
 person making or giving the same (or in case the same is made 
 or given by any person under or in the execution of any 
 process, then a description of the residence and occupation 
 of the person against whom such process issued), and of 
 every attesting witness to such bill of sale, shall be pre- 
 sented to, and the said copy and affidavit shall be filed with 
 the registrar within seven clear days after the making or giving 
 of such bill of sale, in like manner as a warrant of attorney in 
 any personal action given by a trader is now by law required 
 to be filed : (3.) If the bill of sale is made or given subject to 
 any defeasance or condition, or declaration of trust (d) not con- 
 tained in the body thereof, such defeasance, condition, or decla- 
 ration shall be deemed to be part of the bill, and shall be 
 written on the same paper or parchment therewith before the 
 registration, and shall be truly set forth in the copy filed under 
 this Act therewith and as part thereof, otherwise the registra- 
 tion shall be void : 
 
 In case two or more bills of sale are given, comprising in 
 whole or in part any of the same chattels, they shall have 
 priority in the order of the date of their registration respec- 
 tively as i-egards such chattels. 
 
 A transfer or assignment of a registered bill of sale need not 
 be registered. 
 
 (d) Tlie declaration of trust re- being really advanced by B., it was 
 
 ferred to in this section means a decided that it was not necessary to 
 
 declaration of trust in favour of the state this fact on the bill of sale, 
 
 grantor. Consequently where a bill Robinson v. Collingwood, 34 L. J. 
 
 of sale was made to A., the money 0. P. 18. 
 
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BILLS OF SALE. 
 
 741 
 
 Sect. 11. The registration of a bill of sale, whether executed f^^ation. 
 before or after the commencement of this Act, must be renewed 
 once at least every five yewrs, and if a period of five years , 
 elapses from the registration or renewed registration of a bill 
 of sale without a renewal or further renewal (as the case may 
 be), the registration shall become void. 
 
 The renewal of a registration shall be effected by filing with 
 the registrar an affidavit stating the date of the bill of sale and 
 of the last registration thereof, and the names, residences, and 
 occupations of the parties thereto as stated therein, and that 
 the bill of sale is still a subsisting security. 
 
 Every such affidavit may be in the form set forth in the 
 Schedule (A.) to this Act annexed. 
 
 A renewal of registration shall not become necessary by 
 reason only of a transfer or assignment of a bill of sale. 
 
 It was decided with reference to the Act of 1854, fji'°f 
 
 ^ ^ ^ ^ ' iy54 con- 
 
 that registration conferred no priority as between the p^rft^'"^ 
 holders of two successive bills of sale, so that if a gu*^o*g™ye 
 person made two successive bills of the same goods in ^S]^™ "/i^ 
 favour of A. and B., and B. registered his, but A. 
 neglected to do so, as between A. and B., A.'s title 
 would prevail. But it was also held that if the goods, Effect of 
 while in the grantor's possession, were taken in execu- execution 
 
 t^ crGtlitor 
 
 tion by a creditor or (the grantor not being a trader) or trustee in 
 sold by the trustee in bankruptcy, the execution or when the ' 
 sale displaced A.'s title, and the proceeds would beofsaie, and 
 payable to B. (e). And if both bills of sale were is regis- ' 
 registered, and B., the holder of the second one, took 
 possession, and then the grantor, being a trader, be- 
 came bankrupt, B.'s possession excluded the claim of 
 the trustee in bankruptcy, but did not give him priority 
 over A. (/). 
 
 It will be seen that sect. 10 of the Act of 1878 ^^^^''^^j?^ 
 makes the priority in rank depend in future on the depends ou 
 priority m order oi date oi registration. registration. 
 
 The remaining sections of the Act are of a formal 
 nature, except sect. 20, which is of special importance. 
 
 (e) See Edwards v. English, 7 EI. Cooper, 3 H. & N. 384 ; Meux v. 
 
 & Bl. 564 ; 26 L. J. Q. B. 193 ; Jacobs, L. R. 7 H. L. 481. 
 
 Richards v. James, L. K. 2 Q. B. (/) Ex parte Allen, L. R. 11 Eq. , 
 
 285 ; Ee Barrand, L. R. 3 C. D. 209. 
 324 ; 4 C. D. 23 ; Nicholson v. 
 
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742 BILLS OF SALE, 
 
 iI'=T.^' The Act 13 Eliz. c. 5, and the doctrine established 
 
 ipplioawe. ^^ Twynes case as regards the effect of the grantor's 
 
 continuance in possession, has been practically obsolete 
 
 since the passing of the first Registration Act of 1854, 
 
 dUposMion S^^ *^e ^ct of 1854 left in full forcie the order and 
 
 Sedby disposition clause in the Bankruptcy. Act, so that 
 
 Acto(i854; ciiattels comprised in a bill of sale duly registered 
 
 under that Act were still liable to be sold by the 
 
 trustee in bankruptcy, if the grantor was a trader and 
 
 hut ex- remained in possession [g). But this is now altered 
 
 Act of 1878 by sect. 20 of the Act of 1878, which provides as 
 
 in reference n •t-i ^ 
 
 to registered lOllOWS : ■ 
 
 bills of sale. 
 
 Sect. 20. Chattels comprised in a bill of sale -which has been 
 and continues to be duly registered under this Act shall not be 
 deemed to be in the possession, order, or disposition of the 
 grantor of the bill of sale within the meaning of the Bankruptcy 
 Act, 1869. 
 
 The joint effect of this section and of sect. 23 is, 
 that a bill of sale of personal chattels made by a trader 
 before the 1st January, 1879, and still subsisting, is, 
 notwithstanding registration, void against the trustee, 
 in bankruptcy if the grantor remains in possession as 
 reputed owner until his bankruptcy ; but that a bill of 
 sale made on or after the 1st January, 1879, if duly 
 registered, is valid as against such trustee, notwith- 
 standing the grantor's continuance in possession. 
 Formalities It uow Only remaius to mention some cases which 
 ser^ed^" havo boou docided in reference to the formalities con- 
 ^statSn nected with registration. These decisions were all 
 '*°*' under the Act of 1854, but are equally applicable to 
 
 registration under the new Act. 
 Occupation The affidavit to be filed with the bill of sale must 
 aiidttS state the residence and occupation of the ass%nor and 
 Ss must every attesting witness. " Gentleman " is not a sufH- 
 ]Sid"it " cient description of a solicitor or of a solicitor's clerk (A), 
 
 (g) Hornsby v. Miller, 5 Jiir. (N. 222 ; Badger v. Shaw, 29 L. J. Q. B. 
 
 S.) 938, 28 L. J. Q. B. 99 ; Freshney 73. 
 
 V. Keriiclc, 1 H. & N. 653 ; Spack- Qi) Tuton v. Sanoner, 4 Jur. N. 
 
 man v. Miller, 9 Jur. N. S. 50 ; S. 365 ; 27 L. J. Ex. 293 : Dryden 
 
 Stansfield v. Cubitt, 2 De G. & .T. v. Hope, 9 W. E. 18. 
 
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BILLS OF SALE. 743 
 
 or of a clerk in the audit office (i), or of any person JiSc?ency 
 
 having a fixed profession, business, or avocation (j) ; ^0^'^"''" 
 
 but it is not necessary to mention an avocation which 
 
 has only been temporarily or casually followed, or one 
 
 in which he is not at present actively engaged; being 
 
 out of employment (k). A lessee and manager of a 
 
 theatre, or a merchant, is not properly described as 
 
 " esquire " (l), nor a clerk in an accountant's department 
 
 as an " accountant " (m). On the other hand, a clerk 
 
 in the Admiralty has been held to be sufficiently 
 
 described as a government clerk (n). 
 
 The residence meant by the Act is the place where 
 the person carries on business and can be found during 
 the day, not the place where he merely sleeps at 
 night (o). Where a house is in a street, the No. 
 must be accurately stated {p) ; but if the description 
 given is such as cannot mislead creditors, an unimpor- 
 tant mistake wiU not be fatal, as where New Street, 
 Blackfriars, was stated as in the county of Middlesex 
 instead of in the City of London (q). 
 
 It is not necessary to state in an affidavit verifying a 
 bill of sale the occupation of the maker at the time 
 when the affidavit is filed. It is enough to state his 
 occupation at the date w;hen the bill was executed (r). 
 
 An affidavit filed with a biU of sale, describing a 
 company by its name, and stating the address of its 
 principal office, is a sufficient compliance with the 
 Act(s). 
 
 It is not sufficient that the bill of sale contains a Affidavit 
 description of the residence and occupation of the as- teSth™' 
 signor and the attesting witnesses : the affidavit filed eitS^ex-" 
 
 (i) Allen v. Thomson, 2 Jur. (o) Attenborough v. Thompson, 
 
 N. S. 45. 3 Jur. N. S. 1307 ;' Blackwell v. 
 
 (j) Adams v. Graham, 33 L. J. England, 8 El. & Bl. 541 ; Briggs v. 
 
 Q. B. 71 ; Beale v. Tennant, 6 Jur. Moss, L. E. 3 Q. B. 268 ; Hewer 
 
 N. S. 628. V. Cox, 30 L. J. Q. B. 73. 
 
 (k) Brodrick v. Scale, L. R. 6 (») Murray v. Mackenzie, L. R. 
 
 C. P. 98 ; Smith v. Cheese, L. E. 1 10 0. P. 625. 
 
 C. P. D. 60 ; Morewood v. South (q) Hewer v. Cox, 30 L. J. Q. B. 
 
 Yorkshire Company, 28 L. .7. Ex. 114. 73. 
 
 {Pi JEx parte Hooman, L. R. 10 (r) Westminster Loan and Dis- 
 
 Eq. 63 ; Be O'Connor, 27 L. T. 27. count Company v. Chace, 31 L. J. 
 
 (m) Larchin v. North - Western C. P. 311. 
 
 Deposit Bank, L. R. 8 Exch. 80. (s) Shears v. Jacob, L. E. 1 C. P. 
 
 (n) Grant v. Sha*, L. R. 7 Q. B. 513. 
 700. 
 
 Digitized by Microsoft® 
 
744 BILLS OF SALE. 
 
 pressiy or ^ith the bill of Sale must contain such description also, 
 
 oy refur- , , , ■*■ ' 
 
 ence. either expressly or by reference. Thus it is not suffi- 
 cient to state in the affidavit that the grantor is the 
 person named in the bill of sale unless it be averred 
 that he is truly described therein (t). 
 
 III. In what cases, having regard to the Bills of Sale 
 Act, 1878, a gift or sale of personal chattels is liable to 
 he avoided under the statute 13 Eliz., or the trustees of 
 a bankrupt can dispose of chattels in his possession as 
 reputed owner under the order and disposition clause 
 of the Bankruptcy Act. 
 
 tte^^tttis -'-* ^^^ heen already stated that the Act 13 EHz. 
 
 toeSs of ^- ^> ^° ^^^ ^^ ^'^ renders bills of sale voidable against 
 
 teited'"" creditors by reason of the continuance in possession of 
 
 if mL' 0. 6 ^^^ grantor has been practically superseded by the 
 
 But Act enactments requiring registration. If, however, a gift 
 
 othCT ca*s°s. or sale is carried into effect by mere delivery of the 
 
 goods so as not to be within the operation of the Bills 
 
 of Sale Act, 1878, the Act of Eliz. would still apply, 
 
 and if the donor or vendor after such delivery was 
 
 allowed to retake and to remain in possession, the primd 
 
 facie presumption of fraud would require to be rebutted 
 
 by evidence of hona fides. A bond fide agreement that 
 
 the vendor should retain the goods on hire would be 
 
 sufficient {u). 
 
 Actual fraud Actual fraud will always invalidate an alienation, 
 
 bills of sale whether by registered bill of sale or otherwise, and a 
 
 tary buis voluntarv bill of sale of chattels whether resfistered or 
 
 of ^ftlp void ^^ 
 
 if donor not, like any other voluntary conveyance of real or per- 
 sonal property, is under the Act of Elizabeth fraudulent 
 and void against creditors, if the donor is at the time 
 of making it in insolvent circumstances {x). 
 
 Although marriage is a valuable consideration, a 
 settlement will be void under the Act of Elizabeth if. 
 the celebration of marriage is made part of a scheme for 
 defeating the rights of creditors {y). 
 
 (t) Hatton V. English, 7 El. & B. C. P. 144. See also Kidd v. Raw- 
 
 94 ; 26 L. J. Q. B. 161 ; Pickard linson, 2 Bos. & Pul. 59. 
 
 V. Bretts, 29 L. J. Ex. 18; see also (x) See Vol. 2, Settlements, p. 193, 
 
 Wilooxon V. Searby, 29 L. J. Ex. et seq. 
 
 154. (i/) Colombine v. Penhall, 1 Sm. 
 
 (m) Byerley v. Prevost, L. R. 6 & Giff. 228 ; see also Penhall v. El- 
 
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BILLS OF SALE. 745 
 
 It has also been already stated that the order and?.'^^'"?/ 
 
 T •■• 1 • n -r> 1 1 A -n ■ disposition 
 
 disposition clause m the Uankruptcy Act, 1869, will m ^^^^^^ 
 future have no application to chattels comprised in a ^i"™ "'.i "' 
 registered bUl of sale, nor does it apply if the bill of t«'^«^™'i«'^ 
 
 1 ■ 1 -1 11 • 1 1 • new Act, 
 
 sale IS not registered, because m such case the instru- 
 ment is void as against the trustee in bankruptcy, and 
 the goods vest in him as if no bill of sale had been 
 made, without the aid of the clause. 
 
 The order and disposition clause, however, remains ?>»' remains 
 
 /».-, 11 r* ^^ force in 
 
 m lorce in other cases, where the true owner of goods "'•""' '='"^'- 
 allows another to remain in possession as reputed 
 owner until the bankruptcy. 
 
 If a tradesman in the ordinary course of his busi- °<"=« "j."' 
 ness has in his possession the goods of customers, such ^^^^■'^■ 
 possession does not constitute him reputed owner, and S^J^th^TiLr 
 the goods will not pass to his assignees on his bank- ^°^^ "' 
 ruptcy. Thus, books deposited by the owner with a 
 bookseller, and kept by him as a part of his general 
 stock, and sold on commission, are not in the order and 
 disposition of the bookseller (z). So books left with a 
 publisher for sale in the usual course of trade do not, 
 upon his bankruptcy, pass to his assignees (a). 
 
 So also carriages kept on the premises of a coach- ^e^^"^ 
 maker for the true owner, although they may be placed 2^^; 
 in his front window and actually sold, are not in his 
 order and disposition, as it is the custom of coach- 
 makers to keep carriages after they are made and to 
 exhibit them for display (b). So if a ship in course of 
 construction is in the yard of the shipbuilder, or goods 
 are being manufactured, such ship or goods if purchased 
 are not in the order and disposition of the shipbuilder 
 or manufacturer (c). And in a case where a 'person 
 advanced money on a ship in course of construction and 
 took an assignment of such ship by way of mortgage to 
 secure the repayment of the advance, it was held that 
 the mortgage was good as against the assignees in 
 bankruptcy of the shipbuilder {d). 
 
 win 1 Sm. & Giff. 258 ; Bulmer v. (b) Bartnim v. Payne, 3 Car. & P. 
 
 Hunter, L. E. 8 Eq. 46. 175. 
 
 (z) Whitfield v. Brand, 16 M. & (c) Holdemess w. Rankin, 28 Beav. 
 
 yff 232. 150 ; Swainston v. Clay, 4 GifF. 
 
 (a) Greenwood, ex parte Thick- 187. 
 
 broom, 6 L. T. N. S. 558. (rf) Swainston i\ Clay, ubi supra. 
 
 Digitized by Microsoft® 
 
746 
 
 BILLS OF SALE. 
 
 Farming 
 produce 
 left on faim 
 after sale. 
 
 Goods in 
 possession 
 of bankrupt 
 on a con- 
 tract of 
 hiring. 
 
 Settlement 
 
 of personal 
 
 chattels 
 
 supported 
 
 against 
 
 husband's 
 
 bankruptcy. 
 
 There are also other instances in which custom will 
 take the case out of the rule of reputed ownership. 
 Thus where farming produce was purchased, and the 
 price was paid before the bankruptcy, but it appeared 
 to be the custom of farmers to leave such produce upon 
 the farm of the seller until it suited the convenience of 
 the buyer to take it away, it was held that this custom 
 exempted such produce from passing to the assignees 
 under the law of reputed ownership (e) ; and a similar 
 decision was given in a case where butts of whisky 
 were, in accordance with the custom of the trade, 
 allowed to remain in the vendor's bonded warehouse 
 after a sale (/). 
 
 Where a trader sells chattels and continues in pos- 
 session on a contract of hiring and then becomes 
 bankrupt, the goods will pass to his assignees, unless 
 the change of ownership has been made notorious (g), 
 or unless the sale has been carried into eflPect by a bill 
 of sale registered under the Bills of Sale Act, 1878 {h), 
 or unless it is a well-known custom in the trade for 
 goods of that description to be held on hire. And 
 where there is no relation of vendor and purchaser, but 
 the owner of chattels lets them to a trader who be- 
 comes bankrupt, the right of the owner as against the 
 trustee in bankruptcy will still depend on whether 
 such taking on hire is in accordance with notorious 
 usage (i). 
 
 An antenuptial settlement whereby furniture or 
 other chattels belonging either to the wife or the 
 husband are assigned to a trustee in trust for the wife 
 for her separate use is good against the trustee in 
 bankruptcy of the husband, although at the date of the 
 bankruptcy the goods are* in the house in which they 
 both reside (k), and the deed need not be registered, 
 being excluded from the operation of the Bills of 
 Sale Act. 
 
 (e) Terry, In n, 11 W. E. 113. 
 
 (/) Ex 'parte Watkins, 8 Ch. 520 ; 
 In re Matthews, L. R. 1 0. D. 501. 
 
 {g) Lingard v. Messiter, 1 B. & C. 
 308 ; Liiigham u. Biggs, 1 Bos. & 
 Pul. 384 ; Ex parte Lovering, L. R. 
 9 Ch. 621. 
 
 (h) Sect. 20. 
 
 (i) Horn v. Baker, 9 East, 215 ; 
 Rufford V. Bishop, 5 Russ. 346 ; Ex 
 pwrte Powell, L. R. 1 0. D. 501 ; 
 Mullet V. Green, 8 Car. & P. 382. 
 See In re Hill, L. R. 1 C. D. 503, n. 
 
 (K) Simmons v. Edwards, 16 M. 
 & W. 838 ; see also Haselinton v. 
 Gill, 3 T. R. 620 ; 1 E. & C. 666. 
 
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BILLS OF SALE. 747 
 
 A bond fide post-nuptial settlement made by a fg°J^™Pte' 
 husband for the benefit of his wife, of furniture and of personal 
 other household effects which are in his possession at 
 the date of the deed, is good, without any alteration of 
 possession, and could not be defeated by his creditors, 
 either under the 13th Eliz. c. 5, or in the event of his 
 future bankruptcy, provided the settlement is duly 
 registered in compliance with the provisions of the 
 Bills of Sale Act {I). 
 
 If durinsf the coverture furtiiture and other household ^^^}^.^- 
 
 n* Pill 11*1 * t ' ' • band of hia 
 
 effects of the husband, which are m the lomt possession ft'rn't">-e to 
 
 n 1 * in 11' ' n 1111" 1 ^ purchaser 
 
 of himself and his wife, are sold by him to a purchaser r^ 'V;t"«» 
 who then settles them on the wife for her separate use, wife for he 
 such a settlement would, it is apprehended, be good as "s"- 
 against the husband's creditors without any change of 
 possession, if the sale is carried into effect by a bill of 
 sale duly registered under the Act, and such bill of sale 
 is followed by the settlement. The settlement would 
 not require to be registered, as the settlor was never in 
 possession of the goods. 
 
 In order to confer on the trustee in bankruptcy a in order to 
 
 • f it t T iji 1 IT'" come withiu 
 
 riffht to sell the eroods under the order and disposition the order 
 
 t -I I'lill iJ • ^n*^ dispo- 
 
 clause, they must be in the bankrupt s possession as 8i«on ^^ 
 
 1 jn I- f n ^ 1 1 •n.i clause the 
 
 reputed owner at the time of the bankruptcy, with the ff^^^^ 
 consent of the true owner. If therefore the real owner ""p^^^p"^;^ 
 has withdrawn his consent and taken steps to take consent of 
 possession, even though he may not have succeeded 
 owing to the refusal of the debtor to give them up or 
 otherwise, the title of the trustee will be excluded (m). 
 So also if the debtor has obtained possession of goods 
 fraudulently, the right of the defrauded person to get 
 them back is not defeated by the former's bankruptcy, 
 unless the latter has known of the fraud for some time 
 before the bankruptcy and delayed unreasonably to 
 assert his right («). In this respect there is an import- 
 ant difference between the " apparent possession " 
 named in the Bills of Sale Act, and " order and dis- 
 position " under the Bankruptcy Act. 
 
 O) Ashton V. Blaekshaw, L. R. 9 48 ; & Eslick, L. R. 4 C. D. 496 ; 
 
 Eq. 510 ; Ex parte Coi, L. R. 1 C. Taylor v. Eckersley, L. R. 5 C. D. 
 
 D. 302. 740. 
 
 (m) Smith v. Topping, 5 B. & Ad. (n) Load v. Green, 15 M. & W. 
 
 674 ; Ex parte Harris, L. R. 8 Ci. 216 ; 15 L. J. Ex. ll.'H. 
 
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748 BILLS OF SALE. 
 
 held b*^ Property held by the bankrupt in trust for any other 
 *™^p^'^e^- person is expressly excepted from the Bankruptcy 
 
 Bankruptcy ^ct (o). 
 
 Order and WhenevBr possession is obtained, or possession is de- 
 ciSlfdo" manded, between the act of bankruptcy of the debtor 
 wherellfs- and the date of the adjudication without notice on the 
 SbSa'or part of the grantee of such act of bankruptcy, the 
 wSu/ order and disposition clause of the Bankruptcy Act 
 tweenaotot wiU uot apply, as such possession or demand would be 
 and^^f*"^ a dealing with the bankrupt within the meaning and 
 judication. pj.Q^e(.^j[Qjj of ^j^g QHh sectiou, sub-section 3, of the 
 Bankruptcy Act, 1869, which provides that nothing 
 shall render invalid any contract or dealing with any 
 bankrupt made in good faith, and for valuable con- 
 sideration, before the date of the order of adjudication, 
 by a person not having at the time of making such 
 contract or dealing notice of any act of bankruptcy 
 committed by the bankrupt, and available against him 
 for adjudication (p). And the owner may avail him- 
 self of this clause, although he may have been informed 
 before taking possession that an act of bankruptcy is 
 in contemplation (q). 
 
 IV. Under what circumstances a hill of sale of per- 
 sonal chattels is an act of bankruptcy. 
 
 67th section The 67th section of the Bankruptcy Act, 1849, pro- 
 mptoy Act, vldod that if any trader should procure himself or his 
 goods to be taken in execution, or make any fraudulent 
 grant or conveyance of any of his lands, tenements, 
 goods, or chattels, or make any fraudulent gift, de- 
 livery, or transfer of any of his goods or chattels, such 
 trader procuring or making the same with the intent 
 to delay or defeat his ci-editors, should be deemed to 
 have thereby committed an act of bankruptcy ; and by 
 the 70th section of the Bankrupt Act, 1861, all such 
 acts and fraudulent gifts, &c., by persons- nx)t being 
 traders, were also made acts of bankruptcy. 
 What is act The Bankruptcy Acts, 1849 and 1861, are now re- 
 
 ofbank- a. ./ / j 
 
 (o) 32 & 33 Vict. c. 71, s. 15. 227 ; Graham v. Furber, 14 0. B. 
 
 If) See 12 & 13 Vict. c. 106, s. 134. 
 133 ; Brewin v. Short, 5 E. & B. {q) Re Wright, L. E. 3 C. D. 70. 
 
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BILLS OF SALE. 749 
 
 pealed by the 32 & 33 Vict. c. 83, and from the. 1st of ^vtoy 
 
 T Hfii n t 1 ' iinaer Bank- 
 
 January, 1870, the law of bankruptcy is regulated by J^J^^-*^"*" 
 the Bankruptcy Act, 1869 (r), by the 6th section of 
 which it is enacted that the debtor shall be regarded as 
 having committed an, act of bankruptcy if he has in 
 England or elsewhere made a fraudulent conveyance, 
 gift, delivery, or transfer of his property, or of any 
 part thereof There can be no doubt that the cases 
 decided under the 67th section of the Bankruptcy Act, 
 1849, will be taken as authorities for the interpretation 
 of this part of the 6th section of the Bankruptcy Act, 
 1869 ; and it has been held that this section equally 
 applies to traders and non-traders (s). 
 
 It has been long settled that a conveyance by a trader ^j^JY*""* 
 of all his effects, or of all his effects with a colourable or ^f"', 
 
 fiuGCtS to 
 
 trifling exception, to one of his creditors to secure an J^^^^^^^j 
 antecedent debt, is an act of bankruptcy, although there ^J'y,^^„^. 
 may be no actual fraud, on the ground that the very raptay. 
 nature of the transaction is such as to prevent him from 
 carrying on his trade {t). In Lindon v. Sharpe (u), a 
 trader assigned certain effects to the public officer of a 
 banking company to secure the amount due on an over- 
 drawn account. The bill of sale did not on the face 
 of it purport to assign all the debtor's effects, but it 
 appeared in fact that he had no other property, and that 
 the bank knew that such was the case. The deed was 
 held to be an act of bankruptcy, and void against the 
 assignees. 
 
 But an absolute sale to a bondjide purchaser of the f^^ 
 whole of a trader's stock in trade is not an act of p^™^'^'" 
 bankruptcy (v). So also a mortgage of the whole of a ^^^\„^ 
 trader's stock in trade to secure a present advance is ^^^"^'''t^ 
 a valid transaction, and it makes no difference that the ^/™'"^' 
 deed enables the mortgagee to seize after-acquired pro- ^^^l^ 
 perty, or that the advance bears a small proportion advance. 
 to the value of the goods assigned (x). It has been 
 
 (r) 32 & 33 Vict. c. 71. («) UK suprd. 
 
 («) In re Wood, L. K. 7 Ch. 302. (v) Baxter v. Priohard, 1 Ad. & 
 
 h) Siebert v. Spooner, 1 M. & W. El. 456. 
 
 714 ; Lindon v. Sharpe, 6 Man. & (x) Hutton v. Crutwell, 1 El. & B. 
 
 Gr 894 ; Smith v. Cannan, 2 El. & 15 ; Bittleston v. Cooke, 6 El. & B. 
 
 B. 35 ; Ex pa/rte Foxley, L. R. 3 296 ; Harris v. Riokett, 4 H. & N. 
 
 C. A. 515. 1 ; Whitmore v. Claridge, 31 L. J. 
 
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750 BILLS OF SALE. 
 
 held, nioreover, that a mortgage which on the face of 
 it appears to be made to secure an existing debt may- 
 be supported by evidence that it was made in pursu- 
 ance of an agreement entered into at the time of the 
 loan (y). 
 ratetentiai When a portion of the trader's effects is excluded 
 so°^^to " from the bill of sale, the question has to be decided 
 opeSon of whether the part so excluded is or is not a substantial 
 dootnne. p^pt^ go as to prevont the operation of the above 
 doctrine, and this must depend on the particular cir- 
 Baifoy'!'' cumstances of each case. In Ex parte Bailey{z), where 
 a trader executed a bill of sale of certain policies of 
 assurance, and all his credits, together with his books 
 of account (being all his property except his furniture 
 and stock in trade), and it appeared that executions 
 had issued prior to the bill of sale, under which the 
 furniture and stock in trade were seized, it was held 
 that the assignment was void, although the bankrupt 
 might not have been awarewhen he executed the assign- 
 ment that the executions had issued. Turner, L. J., 
 observed, " I apprehend that the true question is 
 whether there is such an assignment as prevents the 
 trade being carried on ; and I agree with the learned 
 Commissioner that carrying on trade means carrying it 
 on in the usual and ordinary course. One reason why 
 an assignment of the entire estate'constitutes an act of 
 bankruptcy is because the bankrupt is thereby pre- 
 vented from carrying on trade, and this reason must 
 equally apply if the assignment be such as to prevent 
 the trade being carried on. Now this bankrupt has 
 assigned all debts and all bills of exchange and pro- 
 missory notes, and all books of account in which such 
 debts or sums of money are entered ; and it is, I think, 
 impossible to say that trade can be carried on in the 
 usual and ordinary course without the books of account 
 evidencing the debts which have been contracted in 
 wauT"' carrying on the trade." In Younge v. Waud (a), it 
 was held that an assignment by way of mortgage by a. 
 
 Q. B. 141 ; 33 L. J. Q. B. 87 ; In re R. 4 Exch. 104. 
 
 Colemere, Law Eep. 1 Ch. 128 ; (y) Harris v. Eickett, ubi suprA. 
 
 Woodhouse v. Murray, L. E. 4 Q. B. (z) 3 De G. M. & G. 534. 
 
 Ex. Ch. 27 ; Meroer v. Peterson, L. (a) 18 Exoh. 232. 
 
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BILLS OF SALE. 751 
 
 trader of his stock and implements of trade, where such 
 assignment did not include a moiety of the whole of his 
 effects, was not per se an act of bankruptcy, although 
 the effect of putting the instrument in force would be 
 to stop the business. Pollock, G. B., said, " The law is 
 not that a man commits an act of bankruptcy by dis- 
 abling himself from carrying on his business, but that 
 he commits an act of bankruptcy when the necessary 
 result of that act is to defeat or delay creditors who 
 are not the objects of that particular conveyance." In 
 Hale V. Allnutt (&), A., a trader, executed a mortgage Haic* 
 of the public-house in which he carried on his business, 
 and his trade and other fixtures and movable property 
 in the house, other than his stock in trade, to B., to 
 secure £570 then due. The value of the property 
 mortgaged was between £300 and £400, and the value 
 of the bankrupt's assets at the time was between £1 100 
 and £1200 ; his debts amounted to nearly £4000. It 
 was held that the deed was valid. Jervis, C. J., ob- 
 served, " This does not fall within that class of cases in 
 which an assignment has been made of the whole, or the 
 whole "with a colourable exception, of the trader's pro- 
 perty ; the necessary result of which is to defeat and 
 delay creditors byproducing absolute present insolvency 
 and incapacity to carry on trade and withdrawing the 
 whole of the property from the reach of the creditors 
 by the ordinary legal remedies " (c). 
 
 Where a trader assigns all his effects to a creditor in ^«" 
 consideration partly of an existing debt, and partly of j^paitiy^^^ 
 a new advance, the validity of the transaction depends JJ^^^,^'^ 
 on whether the object of the transaction is, by means "idvance. 
 of the new advance, to enable or assist the trader to 
 continue his trade, or whether the new advance is 
 colourable only, the real intention being to give a 
 security for the past debt. Thus, in Pennell v. Rey- 
 nolds (d), A., a trader, being indebted to B., executed 
 to him a bill of sale of all his effects to secure the 
 
 (6) 10 C. B. 505. Smith v. Timms, 11 "W. R. 381 ; 
 
 (c) See also Smith v. Cannan, 2 Ex pa/rte Wensley, 1 De G. J. & S. 
 
 El. & B. 35 ; Johnson v. Fesemeyer, 275 ; Goodricke v. Taylor, 2 De G. 
 
 3 De G. & J. 13 ; Mather v. Eraser, J. & S. 135. 
 2 K. & J. 536 ; Oriental Banking (d) 11 C. B. (N. S.) 709. 
 Company v. Coleman, 3 Gift'. 11 ; 
 
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752 BILLS or SALE. 
 
 existing debt, and a present advance of £250, and it 
 was held that such a bill of sale was not necessarily an 
 act of bankruptcy. Willes, J., observed, " If there is 
 an assignment of property with a real and substantial 
 exception, in the absence of fraud that will not be an 
 act of bankruptcy. In our judgment a present sub- 
 stantial advance of money puts the transaction upon 
 the same footing as an assignment, with a substantial 
 exception of part of the property. It is not neces- 
 sarily an act of bankruptcy. The advance may be the 
 means of enabling the assignor to go on with his trade, 
 and if so, the transaction may be beneficial to the 
 creditor " (e). A bill of sale of all the debtor's property 
 to secure a past debt and future advances is not an act 
 of bankruptcy, if the intention that such advances shaU 
 be made appear on the deed, and such advances are 
 in fact afterwards made, even though the deed contains 
 no covenant or obligation on the part of the mortgagor 
 to make them (/). 
 Bankraptey The Bankruptcy Act, 1849 (g), provided that no 
 8. 88. ' person should be Hable to become bankrupt by reason 
 of any act of bankruptcy committed more than twelve 
 months prior to the issuing of any fiat in bankruptcy, 
 or the filing of any petition for adjudication of bank- 
 ruptcy against him ; but by the^ Bankruptcy Act, 
 Banicmptcy 1869X^), it is provided that no person shall be adjudged 
 s. si. ' a bankrupt on any of the grounds mentioned in the 
 6th section of the last-mentioned Act, unless the act of 
 bankruptcy on which the adjudication is grounded has 
 occurred within six months before the presentation of 
 the petition for adjudication. 
 ^/aif"™' -^^ assignment of the whole of a debtor's property to 
 property SBCuro Only a pre-existing debt, cannot in the absence of 
 aTO?ded'° fraud be impeached under the 13 Eliz. c. 5, even when 
 BiS%,^5 ^^ ^^ provided by the deed that the donor shall remain in 
 i>"ftS.°° possession for a specified period (i) ; and although such 
 
 (e) Hutton v. Cruttwell, 22 L. J. (/) Ex parte Winder, L. R. 1 
 
 Q. B. 78 ; Bell v. Simpson, 2 H. & C. D. 290 ; Expa/rte Sheen, ib. 560. 
 
 N. 410 ; Allen v. Bonnett, L. R. 5 (g) Sect. 88. 
 
 Ch. 577 ; Lomax v. Buxton, L. R. 6 (h) 32 & 33 Vict. c. 71, s. 61. 
 
 C. P. 107 ; In re Winstanley, L. R. (i) Alton v, Harrison, E. R. 4 
 
 1 C. D. 290. Ex parte Fisher, L. R. Ch. 622. 
 7 Ch. 636. 
 
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BILLS OF SALE. 753 
 
 an assignment is an act of bankruptcy^ yet, according to 
 the 61st section of the "Bankruptcy Act, 1869," it 
 could not be avoided by the creditors in the event of the 
 assignor's bankruptcy unless the petition for adjudica- 
 tion is presented within six calendar months from the 
 execution of the deed [k). 
 
 It has been long settled that a bill of sale executed Fraudulent 
 
 n « y. - , . . - preference. 
 
 in lavour oi a creditor, though it may not comprise the 
 whole or the greater part of the trader's efiPects, may be 
 void against other creditors and also an act of bank- 
 ruptcy, on the ground that it confers on the favoured 
 creditor a fraudulent preference ; and now, by the 92nd 
 section of the " Bankruptcy Act, 1869," it is expressly 
 enacted that every conveyance or transfer of property, 
 or charge thereon made, every payment made, every 
 obligation incurred, and every judicial proceeding taken 
 or suffered by any person unable to pay his debts as 
 they become due from his own monies, in favour of 
 any creditor or any person in trust for any creditor, 
 with a view of giving such creditor a preference over 
 the other creditors, shall, if the person making, taking, 
 paying, or suffering the same become bankrupt within 
 three months after the date of making, taking, paying, 
 or suffering the same, be deemed fraudulent and void 
 as against the trustee of the bankrupt appointed under 
 this Act ; but this section shall not affect the rights of 
 a purchaser, payee, or incumbrancer in good faith and 
 for valuable consideration. 
 
 According to the cases on the subject of fraudulent Assi^^ment 
 preference decided prior to the " Bankruptcy Act, ^™'j.^^^™* 
 1869" (and such cases are authorities for the interpreta- ^'^^^^^^ 
 tion of the 92nd section {!) of this Act (m), provided made, 
 the bankruptcy takes place within three months), iu 
 order to make an assignment void on the ground of 
 fraudulent preference it must be voluntarily made (n), 
 and the question whether a preference is voluntary is 
 a question of fact to be determined by the jury accord- 
 ed) Allen V. Boimett, L. E. 5 Ch. Craven, L. R. 6 Ch. 70. 
 577 (n) See Fidgeon v. Sharp, 5 
 
 d) This section applies equaUy Taunt. 5.39 ; Thompson v. Freeman, 
 to traders and non-traders. Ex parte 1 T. R. 155; Ex parte Holland, 
 Blackburn, L. R. 12 Eq. 358. L. R. 8 C. D. 230. 
 
 (m) See Ex parte Tempest ; In re 
 
 VOL. I. 
 
 3 c 
 
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754 BILLS OF SALE. 
 
 ing to the circumstances of each case (o). In Van 
 Casteel v. Booker (p) it was laid down that to make a 
 preference given on the eve of bankruptcy vaUd, it was 
 not necessary that there should be any actual threat or 
 pressure with an immediate power of taking legal steps 
 to enforce it; but the assignees, seeking to impeach 
 the deed, must prove it to be voluntarily made on the 
 part of the bankrupt and in contemplation of his bank- 
 ruptcy, and if it is made in consequence of the act of 
 the creditor, it is not voluntary. 
 
 F?sem™er Ii JoTinsou V. Fescmeyev (q) it was held that if a 
 trader on the eve of bankruptcy, yielding to the bond 
 Jide pressure of a creditor, give him a security on part 
 of his property, this is not a fraudulent preference, 
 though both parties may be aware of the impending 
 bankruptcy. To render it invalid there must be a dis- 
 position on the part of the debtor to favour that par- 
 ticular creditor, and this is generally shown by the fact 
 that the first step or proposal proceeds from the insol- 
 vent debtor. And on appeal, Chelmsford, C, said, 
 " The recent cases have placed the law on this subject 
 on a right footing. Formerly it was supposed that in 
 order to prevent a transaction being void as a fraudu- 
 lent preference it was necessary to show something 
 like coercion or pressure on the part of the debtor, and 
 a reluctant yielding by the creditor. The term ' pres- 
 sure ' has been retained, although it is now only calcu- 
 lated to mislead, as it has been decided that the only 
 question in these cases is whether the act is voluntary 
 on the part of the bankrupt, and as Alder son, B., 
 explains the term in Strachan v. Barton, ' a voluntary 
 payment ' (and this of course applies equally to the case 
 of any voluntary act of preference) is a payment 
 simply by the act and will of the party making it ; and 
 if there is anything to interfere with or control this 
 will, then it is not a voluntary payment " (r). 
 
 Preference Au assignment, then, made by the debtor on a mere 
 
 of creditor O ' ' J 
 
 (o) Cook 11. Rogers, 7 Bing. 438. Barton, 11 Exch. 647 ; Brown v. 
 
 U) 2 Exch. Rep. 691. Kempton, 19 L. J. 0. P. 169 ; Cook 
 
 (?) 25 Beav. 88 ; S. C. 3 De G. & v. Prichard, 5 M. & G. 329 ; Stanger 
 
 J. 13. V. Wilkins, 19 Beav. 626 ; Gore v. 
 
 (r) See also on the snhjeot of Lloyd, 12 M. & W. 463 ; Ex parte 
 
 fraudulent preference, Hale v. All- Fowls, W. Notes, 1872, p. 230. 
 nutt, 18 C. B. 505 ; Strachan v. 
 
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BILLS OF SALE. 755 
 
 demand or request on the part of the creditor (s), or in must be 
 accordance with a previous agreement («), or at thetofmpMoh 
 request not of the creditor, but of the surety for the ™'"''° '"''' 
 debtor (u), or under a mere apprehension that proceed- 
 ings might be taken against the debtor for payment, 
 although such apprehension might be entirely ground- 
 less (a;), would be supported as an S,ssignment not 
 voluntarily given. Unless, in fact, it can be proved 
 that the debtor's sole motive in making the assignment 
 was to give the creditor a preference, the transaction 
 cannot be impeached (y). 
 
 In the case of Bills v. Smith (z) it was laid down Bins ... 
 that " the question whether an intention to defeat the 
 law and to prevent the due distribution of his assets 
 existed in the mind of the trader, is one of fact for 
 the jury. If the act is spontaneous on the part of the 
 debtor, and there are no circumstances to rebut the 
 presumption which arises from the act having been done 
 purely voluntarily on his part, the jury should be told 
 that the preference was fraudulent and wrongful. But 
 if there are circumstances to rebut the presumption, 
 the circumstances should be brought before the jury, 
 and a direction to the jury that, although the trans- 
 action was apparently voluntary on the part of the 
 debtor, if the effect of the evidence in their hands is to 
 satisfy them that the desire to give a fraudulent pre- 
 ference was not the motive operating on the trader's 
 mind, they ought to uphold the transaction, is perfectly 
 correct." 
 
 It must be borne in mind that an assignment to a ^/Jjf™™* 
 particular creditor of the whole of a debtor's property, or debws 
 of the whole with only a colourable exception, to se- ^|«?^™ 
 cure only a pre-existing debt, wiU not be protected, ^*„°^y'^ 
 although it may have been made under pressure (a). ^^^^^ 
 
 One of the most important sections of the " Bank- ™^«™*i« 
 ruptcy Act, 1869," is the 91st, which, amongst other Bankruptcy 
 
 •■^ *' Act, 1869, 
 
 S. 91. 
 
 (s) Mosg V. Baker, 4 M. & W. (y) Ex parte Blackburn, L. R. 12 
 
 349. Eq. 358 ; Ex parte Bolland ; Ex 
 
 (t) Ex parte Homan, L. E. 12 parte Cherry, L. R. 7 Ch. 24. 
 
 Eq. 598. (^) 34 L. J. Q. B. 68. 
 
 (u) Edwards v. Glyn, 2 E. & E. (a) NewtoD v. Chandler, 7 East, 
 
 29. 1.38 ; Exparte Wensley, 1 De G. & S. 
 
 (x) Thompson v. Freeman, 1 T. 273 ; Jones v. Harber, L. R. 6 Q. B. 
 
 E. 155. 77. 
 
 3 2 
 
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756 BILLS OF SALE. 
 
 things avoids all voluiatary settlements of property as 
 against the trustee in bankruptcy of the settlor in case 
 he is a trader and becomes bankrupt within two years 
 after the date of the deed, however solvent and free 
 from debt he might have been at the date of the settle- 
 St™oiun- ment. The enactment is as follows : " That any settle- 
 mStemade mont 'of propoHy made by a trader, not being a 
 by traders, settlement made before and in consideration of mar- 
 riage, or made in favour of a purchaser or incumbrancer 
 in good faith and for valuable consideration, or a set- 
 tlement made on or for the wife or the children of the 
 settlor of property which has accrued to the settlor 
 after marriage in right of his wife, shall, if the settlor 
 becomes bankrupt within two years after the date of 
 such settlement, be void as against the trustee of the 
 bankrupt appointed under this Act, and shall, if the 
 settlor becomes bankrupt at any subsequent time within 
 ten years after the date of such settlement, unless the 
 parties claiming under such settlement can prove that 
 the settlor was at the time of making the settlement 
 able to pay all his debts -without the aid of the property 
 comprised in such settlement, be void against such 
 bytederta trustee. Any covenant or contract made by a trader 
 ttaio/mM- in consideration of marriage for the future settlement 
 ^™ Bet- upon or for his wife or children of any money or pro- 
 tiement. perty wherolu he had not at the date of his marriage 
 any estate or interest, whether vested or contingent (fe), 
 in possession or remainder, and not being money or pro- 
 perty of or in right of his wife, shall, upon his be- 
 coming bankrupt before such property or money has 
 been actually transferred or paid, pursuant to such con- 
 tract or covenant, be void against his trustee appointed 
 under this Act." And it is declared that the term 
 " settlement " for the purposes of this section shall 
 include any conveyance or transfer of property. 
 
 (6) As to what is a vested or con- 76Y ; In re Andrews' Trusts, L. E. V 
 tingent interest within these words, C. D. 635. 
 see Commell v. Keith, L. R. 3 C. D. 
 
 Digitized by Microsoft® 
 
BILLS OF SALE. 757 
 
 V. — The proper mode of framing a hill of sale hy way 
 of mortgage, including provisions for extending the 
 security to after-acquired chattels. 
 
 A bill of sale by way of mortgage of personal chattels 0,™^"^^™ 
 follows much, the same form as a mortgage of land. ^j'^*Lr''y 
 The chattels are assigned to the mortgagee subject to 
 a condition for making the assignment void, if the 
 money is paid at the appointed day with interest 
 thereon. Then follow covenants by the mortgagor for 
 payment of principal money and interest, provisions 
 enabling the mortgagee to take possession and sell after 
 default, and the mortgagor to retain the possession in 
 the meantime, and covenants by the mortgagor for right 
 to assign and for further assurance, and for insurance 
 against fire. 
 
 In a mortgage of land, the time for payment of the ™„Jj"^^ 
 money is generally fixed at the expiration of six months ^pp^'J^^^^ 
 from the date of the deed, but in a mortgage of chattels ^^^^IfHi 
 it is desirable to appoint an earlier day, because it is """""y- 
 possible that circumstances may happen rendering it 
 necessary for the mortgagee to realise within the six 
 months. The mortgagee should be empowered to take ^^agce 
 possession at any time after default, but if the deed is |J;,''"J^]'^j 
 registered, so that the bankruptcy of the mortgagor ^og^^^°i„n 
 while in possession will not invalidate it, it seems feir 
 to provide that some notice should be given before 
 taMng possession. If, however, it is part of the 
 arrangement that the biU of sale shall not be regis- 
 tered, such a provision should be omitted, as it is ob- 
 viously essential that the mortgagee shall be able to 
 seize the goods without any delay, should he have 
 reason to suspect impending bankruptcy. 
 
 If the money is made payable on demand, and the ^^ Se 
 mortgagee empowered to take possession in case oi'fj^l"'' 
 default in payment upon demand, he must allow the SS^Xw 
 mortgagor a reasonable time to procure the money (c). "°SbTe 
 
 It is often made a stipulation that the security shall ^^-^^ 
 be made to extend to after-acquired chattels, so that fr^^/^J"! 
 it becomes necessary to consider how the bill of sale extend to 
 
 acquired 
 • chattels, 
 
 (c) Toms V. Wilson, S2 L. J. Q. B. 33, 3B2 ; Blighty v. Norto.n, ib. 38 ; 
 Massey v. Sladen, L. R. 4 Exch. 13. 
 
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758 BILLS OF SALE. 
 
 should be framed so as to make it the best possible 
 charge upon such property. 
 a^Sred '^^^ ^'"^^J benefit which at law can be conferred on 
 cannot be ^^^ douco uudor a bill of sale as to after-acquired effects 
 Msigued at ig a power or licence to seize them whenever they come 
 into possession, and the title of the donee is acquired 
 by his actually obtaining possession under the licence ; 
 but such a power is revocable by the donor, and has 
 no effect at law as against persons claiming under any 
 subsequent assignment from him, which may be exe- 
 cuted before the donee has obtained actual possession 
 of such after-acquired effects (d). 
 ^utty'ls ^vit a bill of sale whereby certain machinery, im- 
 aoqS plements, and things described in a schedule, and 
 pSfn™' which were fixed or placed in or about a certain 
 sai^ °^ mUl, were assigned by way of mortgage, followed by 
 a declaration that all machinery, implements, and 
 things which during the continuance of the security 
 should be fixed or placed in or about the said mill 
 in addition to or in substitution for the existing ma- 
 chinery, &c., should be subject to the security, was 
 held to be a valid equitable mortgage of substituted 
 and added machinery, as against an execution creditor 
 of the mortgagor (e). In the above case,' the goods 
 were specific, and Westbury, L. C, in giving judg- 
 ment distinguished between a contract for the sale or 
 mortgage of specific goods, and one relating to goods 
 not specific, and laid it down that as the Court would 
 not decree specific performance of a contract relating 
 to goods not specific, so a mortgage of such goods 
 would not be effectual in equity. The distinction 
 thus made is illustrated by a more recent case, where 
 a debtor executed to his creditors a bill of sale by 
 way of mortgage of all his " household furniture, 
 plate, linen, china, glass, stock, cattle, horses, farming 
 implements, crops, books, debts, and all other his per- 
 sonal estate and effects then being or thereafter to be 
 upon or about his dwelling-house, farm, and premises 
 situate at Reedham, or elsewhere, in the Kingdom of 
 Great Britain." After the bill of sale, the mortgagor 
 
 (d) Carr v. Acranian, 11 Excli. Q. B. 527. 
 566 ; Congreve .;. Evetts, 10 Exch. (e) Holroyd v. Marshall, 33 L. J. 
 298; Thompson v. Cohen, L. E. 7 Ch. 193. 
 
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BILLS OP SALE. 759 
 
 commenced business as a grocer, and purchased goods 
 in the way of trade and brought them into his house, 
 and the Court of Exchequer held that the effects sub- 
 sequently brought into the house did not pass by the 
 bill of sale either at law or in equity, on the ground 
 that they were not specific so as to be the subject of 
 a decree for specific performance (/). 
 
 It foUows that where the security is intended to |o™^ 
 include specific effects to be afterwards acquired, the ™^p™« 
 biU of sale should not only contain a power to take acquired 
 
 *f J- property. 
 
 possession of such effects, but also an assignment of 
 them, or some provision operating as a charge in 
 equity thereon. 
 
 (/) Belding v. Eeed, 34 L. J. more, 33 L. J. Ch. 63 ; Cheddell v. 
 Ex. 212. See also Eeeve v. Whit- Galworthy, 6 C. B. (N. S.) 471. 
 
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760 
 
 BILLS OF SALE. 
 
 No. I. 
 
 OF HOUSE- 
 HOLD 
 FURNITURE, 
 BTC. 
 
 BILL of Sale of Household Furnitueb and 
 specified Effects by way of Mortgage (a). 
 
 other 
 
 parties. THIS INDENT UEE, made the 
 
 day of 
 
 Between 
 
 AsBignment 
 of household 
 fumiture 
 and other 
 
 specified in 
 schedule, 
 
 to mort- 
 
 Proviso for 
 redemption. 
 
 Covenants 
 by mort- 
 gagor to pay 
 pnncipal 
 money, 
 
 and interest 
 in the mean- 
 time half- 
 yearly, 
 
 Power to 
 mortgagee, 
 in case of 
 default, to 
 seize and 
 take posses- 
 sion ; 
 
 A. B. of, &c., (hereinafter called "the mortgagor ") (mortgagor), 
 of the one part, and C. D. of, &c., (hereinafter called " the mort- 
 gagee ") (mortgagee), of the other part : WITNESSETH, that 
 in consideration of the sum of £ now paid to the mort- 
 gagor by the mortgagee (the receipt whereof the mortgagor doth 
 hereby acknowledge) : The mortgagor doth hereby assign unto 
 the mortgagee : All and singular the furniture, plate, linen, 
 china, goods, chattels, effects, and things in, or about, or 
 
 belonging to the messuage or dwelling-house, being No. , 
 
 &c., the particulars whereof are set forth in the schedule here- 
 under written : And ALL the interest of the mortgagor therein : 
 To HOLD the same unto the mortgagee : Nevertheless upon 
 CONDITION that this assignment shall be void if the mortgagor 
 
 shall on the day of (p) next pay to the mortgagee the 
 
 sum of £ , with interest thereon, pursuant to the covenant 
 
 next hereinafter contained : And the mortgagor doth hereby 
 covenant with the mortgagee, that he the mortgagor, his heirs, 
 
 executors, or administrators, will on the day of next 
 
 pay to the mortgagee the sum of £ , with interest thereon 
 
 after the rate of £ per cent, per annum, computed from 
 
 the date of these presents, and if the said principal sum shall not 
 be paid on that day, then will pay to him interest thereon after 
 
 the rate aforesaid, by equal half-yearly payments, on the 
 
 day of and the day of in every year, until the 
 
 said principal sum shall be fully paid : And it is hereby 
 AGREED. AND DECLARED, that if default shall be made in pay- 
 ment of the said sum of £ , or the interest thereof, or any 
 
 part thereof, on the said day of next, then and in 
 
 such case it shall be lawful for the mortgagee at any time there- 
 
 (a) This deed requires registration. 
 
 (6) This should be (say) a month from the date of the deed. See p. 757. 
 
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BILLS OF SALE. 761 
 
 OF HOCaE- 
 
 HOLD 
 
 FURNITUKE, 
 
 ETC. 
 
 after, by himself or his agents or servants, to enter into and 
 upon the said dwelling-house, or other the place in which the 
 chattels and premises hereby assigned shall happen to be, and 
 to seize and take possession of the said chattels and premises, 
 and either to remove and carry away the same, or to remain in 
 the said dwelling-house or place for the purpose of selling the 
 said chattels and premises : And also to sell the said chattels aifp to 
 
 1 s S6ll tiitor 
 
 and premises, or any of them, either together or in lots, and default. 
 either by public auction or private contract, with liberty to 
 buy in at any sale by auction, or to rescind or vary any con- 
 tract for sale, and to resell without being answerable for any 
 loss or diminution in price, and with liberty also to give effec- 
 tual receipts for the purchase-money, and to do all other acts 
 and things for completing any sale which the mortgagee may 
 
 think fit : AND IT IS HEREBY AGREED AND DECLARED that the TruBts of 
 
 purchase- 
 mortgagee shall, with and out of the moneys to arise from """ey. 
 
 any such sale as aforesaid, in the first place pay the expenses 
 attending such sale or otherwise incurred in relation to this 
 security, and in the next place pay the moneys which shall 
 be owing on this security, and shall pay the surplus (if 
 any) to the mortgagor, his executors, administrators, or as- 
 signs : [Provided always (b) that the mortgagee shall not take Proviso that 
 possession or sell under the foregoing power in that behalf shau not 
 in the lifetime of the mortgagor, without first giving to him sionorseii 
 or leaving at the said dwelling-house fourteen days' (c) notice in g'vmg ^ 
 writing of his intention so to do, save and except that no such days' notice, 
 
 o , -^ except in 
 
 notice shall be necessary if the mortgagor shall have become °^^^ 
 bankrupt, or have committed a breach of any of his covenants 
 hereinafter contained, or have ceased to reside in the said 
 dwelling-house (d), or if any half-yearly payment of interest 
 shall have become fourteen days in arrear :] Provided always, p™^a''se*^''' 
 that, upon any sale purporting to be made under the aforesaid "nquire L 
 power, the purchaser, shall not be bound or concerned to see or *° *^'* *' 
 inquire whether any such default has been made [or notice 
 given or left] as aforesaid, or otherwise as to the necessity or 
 
 (b) If the bill of sale is not registered, the proviso in brackets should be 
 altogether omitted. 
 
 (c) As to what notice should be given will depend on the nature of the 
 property and the circumstances. In some cases a much longer notice (say- 
 three mouths) might be reasonably stipulated for. 
 
 (d) If the bill of sale is of machinery or articles attached to a place of 
 business, substitute here " or shall have ceased to carry on business at the 
 said premises." 
 
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762 BILLS OF SALE. 
 
 OF HOUSE- 
 HOLD 
 FDENITDBE, 
 ETC. 
 
 assurance. 
 
 propriety of such sale, or be affected by notice tbat no such 
 default has been made, or [notice given or left] as aforesaid, or 
 Proviso for *^^* ^^^ ^^^^ is Otherwise unnecessary or improper : Pbovided 
 ^y'l^jj?" ALSO, and it is hereby agreed and declared (e) that until pos- 
 Sfmtime. session of the said chattels and premises shall be taken by the 
 mortgagee under the power in that behalf hereinbefore con- 
 tained, the mortgagor may retain possession thereof: But the 
 mortgagor covenants with the mortgagee that he will not, while 
 in possession as aforesaid, remove the said chattels and pre- 
 mises, or any of them, from the said messuage or dwelling- 
 house without the consent of the mortgagee, and the mortgagee 
 shall be at liberty at all reasonable times to enter into the said 
 messuage or dwelling-house, or into any other dwelling-house 
 or place in which the said chattels and premises, or any of 
 them, shall happen to be, for the purpose of inspecting the 
 same, and the state and condition thereof, and of taking 
 schedules and inventories of the same, and for all other reason- 
 covenants able purposes connected with this security: And the mort- 
 
 by mort- ■*■ -^ ^ *' 
 
 gagor gagor doth hereby further covenant with the mortgagee, that 
 
 assi^? he the mortgagor now hath good right to assign the said 
 For further chattels and premises in manner aforesaid : And that he and 
 all persons having or claiming any interest in the said chattels 
 and premises, will a^ all times, at his or their own cost, do and 
 execute all such acts, deeds, and things for more perfectly assur- 
 ing the said chattels and premises unto the mortgagee, and for 
 enabling him to obtain possession of the same, as by him shall 
 To insure be reasonably required : And also that he the mortgagor, will 
 
 against flre. . . . . _ o o i 
 
 at all times during the continuance of this security keep the said 
 chattels and premises insured against loss or damage by fire, in 
 
 the sum of £ at least, in the name of the mortgagee in the 
 
 Insurance Office, or in some other insurance office to be 
 
 approved of by him, and will duly pay all premiums and sums 
 of money from time to time payable for that purpose, and will 
 deliver to the mortgagee the receipt for every such payment as 
 aforesaid within seven days after the same shall have become 
 Power to due : And that if the mortgagor shall nesrlect or refuse to 
 
 mortgagee -in i ■ ■ 
 
 to insure in koop the Said chattels and premises insured to the amount 
 default by aforesaid, or to deliver such receipt as aforesaid, then and in 
 
 mortgagor. ' ^ ' 
 
 (e) The proviso that the mortgagor may retain possession until the 
 mortgagee takes it, is usually inserted, but this proviso, and also the cove- 
 nants for right to assign and further assurance, might safely be omitted 
 where brevity is desired. See Precedent No. III. 
 
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BILLS OF SALE. 763 
 
 OF HOUSE- 
 HOLD 
 
 every such case it shall be lawful for the mortgagee to insure 
 the said chattels and premises, or any of them, to the amount ^ok^tcre, 
 aforesaid, or to any less amount : And that all sums of money ^^ ~ 
 expended by him, in or about such insurance as aforesaid, with p^SSy' 
 interest thereon, after the rate of £5 per cent, per annum, com- S'lSjf^."" 
 puted from the time or respective times of advancing the same bradeSto 
 respectively, shall be charged on the chattels and premises debt^*° 
 hereby assigned, and be recoverable by the same means as are 
 hereinbefore provided with respect to the said principal sum 
 of £ and the interest thereof : And that all moneys re- 
 ceived under any such insurance shall, at the option of the 
 mortgagee be applied in or towards replacing and reinstating 
 the said premises, or in or towards the payment of the moneys 
 for the time being owing on this security : And it is lastly Powers of 
 
 o o ^ J mortgagee 
 
 DECLARED that all powers and rights hereby conferred on the *° devolve 
 
 ^ o J on his execu- 
 
 mortgagee shall devolve on and be exercisable by his exe- i°^^f™" 
 cutoi's, administrators, or assigns. or assigns. 
 
 In witness whereof the said parties hereto have hereunto 
 set their hands and seals the day and year first above written. 
 
 The Schedule above refeered to. 
 
 Signed, sealed, and delivered by the ^ 
 within named A. B., in the presence of 
 L. M. of, &c., a solicitor of the Supreme [ 
 Court of Judicature, the effect of the within 
 written indenture having been first ex- 
 plained to the said A. B. by the said L. M. 
 
 Digitized by Microsoft® 
 
5^64 BILLS OF SALE. 
 
 No. II. 
 
 OF BILL of Sale, hy way of Moetgage, of Household 
 
 PUKNITUEB, 
 
 ETC., Furniture, and other specified effects, and of 
 
 '^^^K- Furniture and effects to be subsequently added 
 
 ACQUIRED 
 
 J^^^^™^- or substituted, the Principal Money being made 
 
 payable by Monthly Instalments. 
 
 Parties. THIS INDENTURE, made, &c. {date and parties as in last 
 Precedent) : WITNESSETH, that in consideration, &c. {the 
 Mortgagor receipt, del), The mortgagor doth hereby assign unto the 
 assigns mortgagee, his executors, administrators, and assigns: All 
 &o™'speci- -^^^ SINGULAR the household, furniture, goods, chattels, and 
 schetoie, effects, in or upon or belonging to the messuage or dwelling- 
 toefi™' house, being, &c. {describe it), the particulars whereof are set 
 sequenuy' ^01"*^ i^ t^® Schedule hereunder written: And also, all the 
 substttuted, household furniture, goods, chattels, and effects, which shall or 
 may at any time or times during the continuance of this 
 security, be brought into the aforesaid messuage or dwelling- 
 house, and appropriated to the use thereof, either in addition 
 to, or in substitution for the furniture, goods, chattels, and 
 effects, now being therein or belonging thereto or any of them : 
 to mort- A.NU all the interest of the mortgagor therein : To hold the same 
 Condition unto the mortgagee. Nevertheless upon condition that this as- 
 
 ance on " signment shall be void if the sum of £ with interest thereon 
 
 money. shall be duly paid according to the covenant of the mortgagor 
 mortg^o*r^^ hereinafter contained : And the mortgagor hereby covenants 
 
 priSofpai ■with the mortgagee to pay to him the sum of £ , with interest 
 
 month with thereon after the rate of £ per cent, per annum, computed 
 
 interest. from the date of these presents, on the 1st day of January 
 mort^4o?°'' iiext {a) : Provided always that if the mortgagor shall pay to 
 
 monthly in- the mortgagee the said principal sum of £ by equal 
 
 men . jjjQjj^jjjy instalments of £ each, the first instalment to be 
 
 paid on the 1st day of January next, and the remaining instal- 
 ments to be paid on the 1st day of every subsequent calendar 
 month until the whole principal money shall be paid, and shall 
 on the same monthly days respectively pay interest on the 
 principal sum for the time being remaining unpaid after the 
 rate of £ per cent, per annum, then and in such case the 
 
 (a) This shoiild be one month from the date. 
 
 Digitized by Microsoft® 
 
BILLS OF SALE. 765 
 
 OF 
 FURNITURE, 
 
 INCLUDING 
 
 AFTER- 
 ACQUIRED 
 EFFECTS. 
 
 mortgagee shall accept payment of the said principal sum by 
 such instalments as aforesaid, and shall not enforce the fore- ,^^^ 
 going covenant for payment of the same earlier, unless the 
 mortgagor shall die or become bankrupt before all the said in- 
 stalments shall have become payable, in which case the whole 
 of the principal money then remaining unpaid shall be re- 
 coverable immediately, as if this proviso had not been inserted 
 herein : And it is declared that if and whenever the 1st day 
 of a month shall fall on a Sunday, the instalment and interest 
 payable on that day shall be paid on the following day : And Power to 
 IT IS HEREBY DECLARED, that if default shall be made m siou, &e., 
 
 , rt . . ^Rd other 
 
 payment of any instalment of principal money, or any interest provisions. 
 thereon, on the day hereby appointed for payment thereof, then, 
 &c. {power to mortgagee to take possession and sell, and other 
 provisions as in last Precedent, omitting the clause providing that 
 mortgagee shall give notice before taking possession or selling) : 
 
 And it is HEREB?" agreed and declared that all future pro- Declaration 
 
 perty hereinbefore expressed to be assigned shall be subject to shaii extend 
 the security hereby made, and the powers, covenants, and property 
 provisions hereinbefore contained, although the same may be 
 incapable of passing at law by these presents : And the mort- Power of 
 
 L . . . attorney to 
 
 gagor hereby appoints the mortgagee to be his attorney for him ^'f^^? 
 and in his name to execute and perfect by registration and ^'^1°"^°' 
 otherwise any deed or deeds, or to do any other act or thing 1"^*'"'"" 
 which may be necessary or proper for legally and effectually 
 vesting in the mortgagee any such future propsrty as afore- 
 said, after the same has been acquired by the mortgagor. (De- 
 claration that powers of mortgagee shall devolve on his 
 executors, dec, supra, p. 763.) 
 In witness, &c. 
 
 The Schedule above referred to. 
 
 OF 
 
 CHATTELS, 
 
 No. III. 
 
 MORTGAGE of Chattels. {A very Short Form.) 
 
 THIS INDENTURE, made the day of , 18—, 
 
 Between A. B. of, &c. (hereinafter called " the mortgagor "), of (^'^'•'^'"-"■> 
 the one part^ and C. D. of, &c. (hereinafter called " the mort- ^"^'^^ 
 gagee "), of the other part, WITNESSETH that in considera- 
 
 Digitized by Microsoft® 
 
766 BILLS OF SALE. 
 
 oHAOTEM. ^^^^ °f ^^ ^"°^ °f ^ ^0^ ^^^^ ^J *'^® mortgagee to the 
 
 (Short Farm.) mortgagor (the receipt whereof the mortgagor hereby acknow- 
 rfStekto l6<^ges), the mortgagor hereby assigns unto the mortgagee The 
 ^°^^iHon chattels and things specified in the schedule hereto, Nevertheless 
 sam*™^"* upon condition that this assignment shall be void if the sum 
 
 pSSfpi"^ of £ , with interest thereon, shall be paid to the mortgagee 
 
 Interest"'' On the day of next, pursuant to the covenant next 
 
 Covenant to hereinafter contained : And the mortgagor covenants with the 
 
 pay same. i . -i 
 
 mortgagee to pay to him the sum of £ on the day 
 
 of next, with interest thereon after the rate of £ per 
 
 cent, per annum computed from the date of these presents, and so 
 that if the said principal sum shall not be paid on that day interest 
 shall continue to be paid thereon after the rate aforesaid by half- 
 yearly payments on the day of and the day of 
 
 Power to until the said principal sum shall be fully paid : And it 
 
 mortgagee , . . , , *f x 
 
 totakepos- IS DECLARED that if the said principal sum of £ , with 
 
 session and , 
 
 sen. interest thereon, shall not be paid on the said — — day of 
 
 next, the mortgagee may at any time thereafter take possession 
 of the said chattels and things, or any of them, and for that 
 purpose enter into and upon the premises where they are or 
 - shall then be, and may sell the same, or any of them, either by 
 public auction or private contract, and shall with and out of the 
 
 sale moneys retain the said principal sum of £ and interest 
 
 thereon after the rate aforesaid, together with all costs and ex- 
 penses incurred in relation to this security and shall pay the 
 surplus (if any) to the mortgagor ; And upon any sale the pur- 
 chaser shall not be bound to see or inquire whether any such 
 Covenant by default has been made as aforesaid : And the mortgagor hereby 
 to'infuf™ covenants with the mortgagee that he the mortgagor wiU during 
 agama e. ^j^^ continuance of this security keep the said chattels and 
 
 things insured against loss or damage by fire in the Office 
 
 in the sum of £ at least, and that if (owing to the mort- 
 gagor's default) the mortgagee shall insure the said chattels 
 and things, the money expended by him in or about such insur- 
 ance, with interest thereon after the rate aforesaid, shall be 
 added to the debt intended to be hereby secured, and be 
 Power of recoverable by the same means: And it is lastly declared 
 te'iemwe that all powers and rights hereby conferred on the mort- 
 executors, gageo shall devolve on and be exercisable by his executors 
 administrators, and assigns. * 
 
 In witness, &c. 
 
 The Schedule above referred to. 
 Digitized by Microsoft® 
 
 &c. 
 
BILLS OF SALE. 767 
 
 No. IV. 
 
 Bill of Sale, hy way of Mortgage 0/ the Machinery or 
 and Plant belonging to a Colliery, includinq ''^■'i 
 
 "^ TO SEnTT 
 
 MACHINEKY, 
 
 TO SEOtniE 
 
 AFTER-ACQUIRED PLANT tO secure a PRESENT and PRESENT 
 
 / , AND 
 
 FUTURE ADVANCES (a). future 
 
 ' ADVANCES, 
 
 THIS INDENTURE, made the day of , Between Parties. 
 
 A. B. of, &c., C. D. of, &c., and E. F. of, &c. (hereinafter called 
 
 " the mortgagors ") (mortgagors), of the one part, and G. H. 
 
 of, &c., I. K. of, &c., and L. M. of, &c. (hereinafter called 
 
 " the mortgagees ") (mortgagees), of the other part : Whereas »««*« *•»»* 
 
 the mortgagors are the lessees of a colliery, mines, and works a™ lessees 
 
 situate at, &c., under a lease dated, &c., and made, &c., for a term ^"^^ '^^ 
 
 of forty years, computed from the day of , and there arethereon 
 
 are now standing in or upon, or used in or belonging to the said ™w"&7' 
 colliery, mines, and works, certain machinery, engines, plant, 
 stock, horses, carts, waggons, rails, tubs, fixtures, chattels, and 
 effects, some whereof are in the nature of trade fixtures re- 
 movable by the mortgagors, and the residue whereof are the 
 absolute property of the mortgagors : And whereas the Agreement 
 mortgagees have agreed to lend to the mortgagors the sum of ^""^ '°"'' 
 
 £ , upon having the repayment thereof and also of any 
 
 further advances which may be made by them as hereinafter 
 mentioned, with interest for the same respectively, secured to 
 them in the manner hereinafter expressed : NOW THIS witnessing 
 INDENTURE WITNESSETH, that in pursuance of the said ^'^' 
 
 agreement, and in consideration of the sum of £ now paid considera- 
 
 to the mortgagors by the mortgagees out of moneys belonging 
 to them on a joint account in equity as well as at law (the 
 receipt whereof the mortgagors do hereby acknowledge), and 
 also in consideration of such further advances (if any) as are 
 hereinafter mentioned, they the mortgagors do hereby assign 
 unto the mortgagees. All and singular the machinery, Mortgagors 
 
 nil •11. assign 
 
 engmes, plant, stock, horses, carts, waggons, rails, tubs, imple- maohinery, 
 ments, utensils, trade fixtures, personal chattels and effects, now "'"' '^«'"g 
 
 11' on colliery, 
 
 standing and being in or upon or belonging to or used in con- ««■■ : 
 
 (a) As this deed does not include the leasehold interest in the colliery, it 
 will require registration as a hill of sale as regards the fixtures as well as 
 the movahle plant. 
 
 Digitized by Microsoft® 
 
768 
 
 BILLS OF SALE. 
 
 OF 
 
 MACHINERY^ 
 
 ETC., 
 
 TO SECURE 
 
 PRESENT 
 
 AND 
 
 FUTURE 
 
 ADVANCES. 
 
 Joint and 
 several 
 covenants 
 by mort- 
 gagors for 
 payment of 
 principal 
 snm and 
 future ad- 
 vances on 
 demand. 
 
 Power to 
 take posses- 
 sion, &c., 
 in case 
 of default, 
 &c. 
 
 and to sell. 
 
 nection with the said colliery, mines, and works hereinbefore 
 mentioned or referred to, And also all such machinery, engines, 
 plant, stock, horses, carts, , waggons, rails, tubs, implements, 
 utensils, trade fixtures, personal chattels, and effects, which 
 shall at any time or times during the continuance of this 
 security, be erected on or added to, or brought upon or used in 
 or for the purposes of, or otherwise appertain or belong to the 
 said colliery, mines, and works, and which shall be the property 
 of the mortgagors, or any or either of them, or shall be remov- 
 able by them, or any or either of them, as trade fixtures or 
 otherwise (and all the estate, dc!) : To have and to hold the 
 premises hereby assigned, or expressed so to be, unto the mort- 
 gagees : Nevertheless upon condition that this assignment 
 shall be void if all principal and interest moneys shall be duly 
 paid to the mortgagees pursuant to the covenants next herein- 
 after contained : And the mortgagors, and every two and one 
 of them do and doth hereby jointly and severally covenant with 
 the mortgagees, that they the mortgagors, or their heirs, exe- 
 cutors, or administrators, or some or one of them, will on the 
 
 day of next pay unto the mortgagees the sum of 
 
 £ , with interest thereon after the rate of £ — ■_ — per cent. 
 
 per annum, computed from the date of these presents : And, - 
 &c. (covenant to pay interest half-yearly), And also will repay to 
 the mortgagees such further sum or sums of money (if any) as 
 they may hereafter advance to the mortgagors, with interest 
 thereon after the rate aforesaid, computed from the time of 
 such advance, every such principal sum to be repayable at the 
 expiration of one calendar month from the advance thereof, 
 and the interest thereon to be payable half-yearly on the days 
 aforesaid, so long as any principal money shall remain unpaid: 
 Provided always, and it is hereby agreed and declared, that 
 if default shall be made in payment of the principal moneys 
 and interest hereby secured, or any part thereof, at the time 
 hereby appointed for payment thereof, then and in such case it 
 shall be lawful for the naortgagees to enter into and upon the 
 said colliery, mines, and works, or any land used in connection 
 therewith, and to seize and take possession of the premises 
 hereby assigned, or expressed so to be, or any of them, and 
 either to remove and carry away the same, or to remain in or 
 upon the said colliery, mines, and' works, for the purpose of 
 selling and disposing of the premises, or any of them : And 
 
 Digitized by Microsoft® 
 
BILLS OF SALE. 769 
 
 MACHINERY, 
 
 TO SECURE 
 PRESENT 
 
 AND 
 FUTURE 
 
 ADVANCES. 
 
 ALSO to sell, &c. {power of sale, and declaration of trust of pur 
 chase-money, supra,p. 7 61, substituting " mortgagees " for " mort- ^o Iecu: 
 gagee.") : Provided always that the mortgagees shall not 
 take possession or sell under the foregoing power in that behalf 
 without giving to the mortgagors, or one of them, or leaving at Mortgagees 
 the colliery office, one calendar month's notice in writing of ^"If ™iiefore 
 their intention so to do, unless the mortgagors shall be all dead, Ixceirt in 
 or they or some or one of them shall have become bankrupt, or oases!" 
 unless one of the mortgagors' covenants hereinafter contained 
 shall have been broken, or some half-yearly payment of interest 
 shall be in arrear for one calendar month after the day hereby 
 appointed for payment thereof, in either of which cases no 
 notice shall be necessary, {Proviso that purchaser shall not he 
 hound to inquire as to default, it'c, suprd, p. 762) : Provided Mortgagor.! 
 ALSO, and it is hereby agreed and declared, that until possession poasession- 
 
 , '^ ^ ^ until posse^- 
 
 of the said premises shall be taken by the mortgagees under ^™ *^«" 
 
 ^ _ -^ o o by raort- 
 
 the foregoing power in that behalf, it shall be lawful for the s'^"^"- 
 mortgagors to retain possession of the said premises ; but so, 
 nevertheless, that the mortgagees may at all reasonable times 
 enter into and upon the said colliery, mines, and works, or any 
 land used in connection therewith, for the purpose of inspecting 
 and examining the premises hereby assigned, or expressed so to 
 be, and the state and condition of the same, and of taking 
 schedules and inventories thereof, and for any other reasonable 
 purposes connected with this present security : And the mort- Mortga,'ors 
 gagors do hereby jointly and severally covenant with the *" 
 mortgagees that they the mortgagors, &c. {Covenants for title 
 and to insure, supra, pp. 762, 763, substituting " mortgagors " 
 and " mortgagees " for " mortgagor" and "mortgagee " respec- 
 tively) : And it is hereby further agreed and declared, 
 that, &c. {Declaration that security shall extend to future pro- 
 perty, supra, p. 765.) And the mortgagors do and each of 
 them doth hereby appoint the mortgagees and each of them to 
 be their and his attoi-neys and attorney, &c. {Power of attorney 
 to execute deeds to perfect security, suprd, p. 765) : And it Powers of 
 is hereby LASTLY DECLARED that all powers and remedies to devolve 
 hereby conferred on the mortgagees shall devolve on and be 
 exercisable by the sui-vivors and survivor of them, and the 
 executors or administrators of such survivor, their or his assigns. 
 In witness, &c. 
 
 VOL. I. 3 t) 
 
 Digitized by Microsoft® 
 
 on siirvivoi's. 
 
770 
 
 BILLS OF SALE. 
 
 FEEEHOLD 
 
 FACTORY 
 
 AND TBAKE 
 
 MACHINERY. 
 
 Mortgagors 
 grant and 
 assign 
 factory and 
 buildings 
 and trade 
 machinery, 
 &c., 
 
 unto mort- 
 
 -Proviso for 
 rgdemption. 
 
 Covenant by 
 mortgagors 
 t o pay mort- 
 gage moii.ey 
 and interest. 
 
 No. V. 
 
 MORTGAGE of a Freehold Workshop or Factory, 
 and the Trade Machinery and Plant about the 
 same (a). 
 
 THIS INDENTURE, made the day of , 18— Be- 
 tween A. B. of, &c., and C. D. of, &c. (hereinafter called " the 
 mortgagors ") of the one part, and E. F. of &c. (hereinafter 
 called "the mortgagee") of the other part: WITNESSETH, 
 that in consideration, &c. (the receipt, dc.), the mortgagors do 
 hereby grant and assign "unto the mortgagee, his heirs, execu- 
 tors, administrators, and assigns, All that messuage or tene- 
 ment, and the factory and buildings connected therewith 
 
 situate at, &c., known as "the Factory," at which the- 
 
 mortgagors carry on the trade or business of , which pre- 
 mises were conveyed unto and to the use of the mortgagors, 
 their heirs and assigns, by an indenture dated, &c., and made, 
 &c. : And all and singular the engines, trade machinery, plant, 
 stock, utensils, articles and things, now being or which shall at 
 any time hereafter during the continuance of this security be 
 in or upon or, belonging to the said premises : And all the 
 estate, &c. : To hold the said premises as to such part thereof 
 as is of the nature of real estate, unto and to the use of the 
 mortgagee, his heirs and assigns, and as to such part thereof as 
 is of the nature of personal estate, unto the mortgagee, his 
 executors, administrators, and assigns, subject to the proviso 
 for redemption next hereinafter contained (that is to say) : Pro- 
 vided ALWAYS, that if the mortgagors, their heirs, executors, 
 
 administrators, or assigns, shall on the day of next 
 
 pay to the mortgagee, his executors, administrators, or assigns, 
 
 the sum of £ , with interest thereon after the rate of £ 
 
 per cent, per annum, the said premises shall at the request and 
 cost of the mortgagors, their heirs, executors, administrators, or 
 assigns, be reconveyed and reassigned to them, or as they shall 
 direct : And the mortgagors do hereby jointly and severally 
 covenant with the mortgagee, his executors, administrators, and 
 assigns that they the mortgagors, their heirs, executors, or 
 
 {a) The above mortgage will require registration as a bill of sale as 
 regards such of the fixtures as are trade machinery -within section 5 of the 
 Bills ot Sale Act, 1878, and as regards all plant not being fixtures. 
 
 Digitized by Microsoft® 
 
BILLS OF SALE. 771 
 
 FREEHOLD 
 
 FACTORY 
 
 AND TRADE 
 
 MACHINERY. 
 
 administrators, or some or one of them will, &c. {Covenant 
 hy mortgagors to pay principal and interest, suprd, p. 760) : 
 And it is agreed and declared that if default shall p^^^^^^ 
 
 be made in payment of the said sum of £ , or the in- ^"tekfpos- 
 
 terest thereof, or any part thereof, on the said day^^Jf™*"^ 
 
 of next, it shall be lawful for the mortgagee, his exe- 
 cutors, administrators, or assigns, at any time or times there- 
 after to enter into and upon and take possession of the 
 premises hereby assured, and to sell the said premises, or any 
 part thereof, either together or in lots, and either by public 
 auction or private contract, and as to any fixed or moveable 
 machinery, either together with the buildings and land to 
 ■which they are attached or separately therefrom, with liberty 
 to make any arrangements as to the removal of any fixtures or 
 articles sold separately from the land or buildings, and with 
 liberty also to make such stipulations as to title or otherwise, 
 and to buy in at sales by auction, and to rescind contracts, and 
 to resell without being answerable for any loss arising thereby, 
 and to execute assurances, give effectual receipts for the pur- 
 chase-money, and do all other acts and things for carrying 
 into eifect any such sale as .the mortgagee, his executors, ad- 
 ministrators, or assigns shall think fit : And it is declared Declaration 
 
 that the mortgagee, his executors, administrators, and assigns, purchase- 
 shall, out of the moneys to arise from such sale, in the first " °°^' 
 place pay the costs and expenses attending such sale or other- 
 wise incurred in relation to this security, and in the next 
 place retain and pay the moneys then owing on this security, 
 and shall pay the surplus (if any) to the mortgagors, their heirs, 
 executors, administrators, or assigns : [Provided always (b) Proviso that 
 that the mortgagee, his executors, administrators, or assigns, shall intended 
 not take possession or sell under the foregoing power in that be given 
 
 Pxc6t)t in 
 
 behalf, during the lives of the mortgagors or the life of the certain 
 survivor of them, without first giving to them or him, or 
 leaving at the said messuage and premises three calendar 
 months' notice in writing of his or their intention so to do: 
 Save and except that no such notice shall be necessary if 
 the mortgagors, or either of them, shall have become bank- 
 rupt, or have committed a breach of any of the mortgagors' 
 covenants hereinafter contained, or have ceased to carry on 
 
 (6) If the bill of sale is not registered, the proviso in brackets should be 
 altogether omitted. 
 
 3 D 2 
 
 Digitized by Microsoft® 
 
^72 BILLS OF SALE. 
 
 ^factory" business at the said factory, or if any half-yearly pay- 
 
 M™mNEBY. ment of interest shall have become one calendar month in 
 arrear] : (Proviso that purchaser need not enquire as to default, 
 c&c, suprd, p. 761. — Power may he exercised by any person en- 
 titled to give a discharge for mortgage money, suprd, p. 518) : 
 Proviso for PROVIDED ALSO, and it is hereby further declared, that it shall 
 
 possession ' •'^ ^ ' 
 
 bymort- be lawful for the mortgagors, their heirs, executors, and admin- 
 
 gagors until ^ , . . 
 
 default. istrators, to retain possession of all the premises hereby 
 assured, until the mortgagee, his executors, administrators,_ or 
 assigns shall be entitled to take possession thereof under the 
 foregoing proviso in that behalf, and shall take possession 
 
 Joint and thei"eof accordinsrlv : And THE mortgagors do hereby iointly 
 
 several co- ^ "^ ^ o o ^ j j j 
 
 venantby and Severally covenant with the mortgagee, his heirs, exe- 
 
 nioixgagors *' ^ ^ nor f 
 
 for right to cutors, administrators, and assigns, that they the mortgagors 
 ivwtlom °°^ have good right to assure the said hereditaments and 
 toanoes premises in manner aforesaid, free from incumbrances : And 
 and further that they and all other persons having or lawfully or equit- 
 ' ably claiming any estate or interest in the said hereditaments 
 and premises, or any part thereof, will at all times hereafter, 
 at their own cost during the continuance of this security, and 
 afterwards at the cost of the person or persons requiring the 
 same, do and execute, or cause to be done and executed, all 
 such acts, deeds, and things for further and more perfectly 
 assuring the said hereditaments and premises unto the mort- 
 gagee, his beirs, executors, administrators, and assigns, in 
 manner afoi-esaid, as by him or them shall or may be reason- 
 a°ltasTflre ^bly required: And euether, that they the mortgagors, or 
 one of them, their or one of their heirs, executors, adminis- 
 trators, or assigns, will at all times during the continuance 
 of this security, insure and keep insured in the name or 
 names of the mortgagee, his executors, administrators, or 
 assigns, against loss or damage by fire, in some insurance 
 office or offices approved of by him or them, the buildings 
 hereby assured, or expressed so to be, and the plant and ma- 
 chinery in or about the same, in the sum of £ at the 
 
 least; the same sum to be apportioned between the said 
 buildings and the said plant and machinery in such manner 
 as the mortgagee, his executors, administrators, or assigns shall 
 approve : And will duly pay all premiums and sums of money 
 payable for the purpose aforesaid (and deliver receipts, and 
 power to mortgagee to insure in case of mortgagor's default, and 
 that moneys expended shall be added to mortgage debt, suprd, 
 
 Digitized by Microsoft® 
 
BILLS OF SALE. 773 
 
 p. 762, mutatis mutandis) : And also will, at all times during freehold 
 the continuance of this security, keep all the buildines hereby "-^ ™^= 
 
 assured, and the plant and machineiy in and about the same, :^^ 
 
 in good and substantial repair and working order, and from *""'4'°ss, 
 time to time replace and reinstate the same so that the value ''^f'''- 
 thereof shall not be diminished : And it is hereby lastly Declaration 
 AGREED AND DECLARED, that all future property expressed to shau'eS'/ 
 be hereinbefore granted and assigned, and which may be in- property. 
 capable of passing at law by thess presents, shall be subject in 
 equity to the security hereby made, and the powers, covenants, 
 and provisions herein contained {Power of attorney to mortgagee 
 to perfect assurance as regards future property, supra, p. 765). 
 In witness, &c. 
 
 No. VI. 
 MOETGAGE of Leasehold Premises, with Machinery leasehold 
 
 , -r. , » PREMISES 
 
 and rLANT (a). and plamt. 
 
 THIS INDENTURE, made the day of , Between Part™. 
 
 j|^. B. of, &c., and C. D. of, &c. (mortgagors), of the one part, and 
 
 E. F. of, &c. (mortgagee), of the other part) Recite lease setting 
 
 out the parcels as in the lease, — agreement for loan) : NOW THIS Witnessing 
 
 INDENTURE WITNESSETH, that in pursuance of the afore-'"' ' 
 
 said agreement, and in consideration, &c. (the receipt, cOc), The Mortgagor 
 
 o J \ x- J /J demises and 
 
 said A. B. and C. D. (hereinafter called " the mortgagors ") do SJIoid 
 hereby demise and assign unto the said E. F. (hereinafter called ^^suages, 
 "the mortgagee"), his executors, administrators, and assigns. All 
 the messuages or tenements, buildings, and premises comprised 
 in and demised by the hereinbefore recited indenture of lease : 
 And also all buildings, engines, machinery, utensils, articles, and ^^^. 
 things now being, or which hereafter during the continuance of machinery, 
 this security shall be in or upon, or belonging to, the said lease- 
 hold premises, or used and employed in or upon, or in connec- 
 tion with the said premises (and all the estate, dc.) : To hold Habendum 
 
 "■ ^ ' S3 to lease- 
 
 (d) This deed will require registration as regards such fixtures as are 
 trale machinery within section 5 of the Bills of Sale Act, 1878, and as 
 regards aU plant not being fixtures. 
 
 Digitized by Microsoft® 
 
774 
 
 BILLS OF SALE. 
 
 LEASEHOLD 
 
 PREMISES 
 AND PLANT. 
 
 hold pre- 
 mises to 
 mortgagee , 
 for residue 
 of term, 
 except last 
 day, 
 
 and as to 
 residue to 
 mortgagee 
 absolutely. 
 
 Proviso for 
 redemption. 
 
 Covenants 
 by mort- 
 gagors. 
 
 Declaration 
 of trust of 
 last day of 
 term. 
 
 Covenants 
 by mort- 
 gagors for 
 title, &c. 
 
 the premises comprised in the said indenture of lease (including 
 the landlord's fixtures belonging thereto) unto the mortgagee 
 his executors, administrators, and assigns, for all the residue 
 
 now unexpired of the said term of years created by the 
 
 said indenture of lease, except the last day thereof : And to 
 HOLD the residue of the said premises unto the mortgagee, his 
 executors, administrators, and assigns absolutely: Peovided 
 ALWAYS that the foregoing demise and assignment shall be void 
 
 if the sum of £ with interest thereon shall be paid to the 
 
 mortgagee, his executors, administrators, or assigns, pursuant 
 to the covenant next hereinafter contained : {Covenants by mort- 
 gagors for payment of mortgage money and interest, — power to 
 take possession and sell, — trusts of purchase-money, omitting 
 the word "heirs," — power of sale not to he exercised without 
 notice, — purchaser not hound to inquire as to default, suprd, 
 pp. 770 to 772) : And it is declared that after a sale made 
 under the aforesaid power the mortgagors, their executors, ad- 
 ministrators, and assigns shall stand possessed of the last day of 
 the term granted by the hereinbefore recited indenture of lease 
 in trust for the purchaser, his executors, administrators, and 
 assigns, and to be assigned and disposed" of as he or they may 
 direct : {Proviso for possession hy mortgagors until default, suprd, 
 p. 772) : And the mortgagors do hereby jointly and severally 
 covenant with the mortgagee, his executors, administrators, and 
 assigns. That they the mortgagors now have good right to de- 
 mise and assign the said premises in manner aforesaid, free from 
 incumbrances : AND THAT they, and all other persons lawfully 
 or equitably claiming any interest in the said premises, will at 
 all times hereafter, at their own cost during the continuance 
 of this security, and afterwards at the cost of the person or 
 persons requiring the same, do and execute, or cause to be done 
 and executed, all such acts, deeds, and things, for further and 
 more perfectly assuring the said premises unto the mortgagee, 
 his executors, administrators, and assigns, in manner aforesaid 
 as shall or may be reasonably required : {Covenant to pay rent 
 and observe covenants in lease, supra, p. 540, — to insure against 
 fire,—with power to mortgagee to insure in case of mortgagors' • 
 default, suprd, p. 772, — declaration that future property shall be 
 subject to secwity and power of attorney, suprd, p. 765). 
 In witness, &c. 
 
 Digitized by Microsoft® 
 
BILLS OP SALE. 775 
 
 No. VII. 
 
 Bill of Sale hy way of Mortgage of present and future <>«■ naowreo 
 Growing Crops and Farming Stock, icithovt any ""EMi'^f 
 Interest in the Land {a). °^°™' 
 
 THIS INDENTURE, made the day of , Between Parties. 
 
 A. B. of, &c. (hereinafter called " the mortgagor "), of the one 
 part, and 0. D. of, &c. (hereinafter called " the mortgagee "), of 
 the other part, "WITNESSETH, that in consideration, &c. (the witnessing 
 receift, dc), The mortgagor doth hereby assign unto the mort- Mortgagor 
 gagee, his executors, administrators, and assigns. All the crops imS 
 
 n 1 J 1 1 1 111 • and future 
 
 or grass, wheat, and barley, and other crops now grownig, or crops, 
 which shall at any time hereafter during the continuance of 
 this security be growing in or upon the farm and lands called 
 
 , situate, &c., now in the occupation of the mortgagor under 
 
 an indenture of lease dated the day of , and made 
 
 between — — of the one part, and the mortgagor of the other 
 
 part: And also all horses, cattle, carts, carriages, farming and present 
 
 ^ _ > > ) o ' & and future 
 
 utensils, hay, straw, consumable stores, live and dead stock, fur- farming 
 niture, household goods, and all other effects whatsoever which 
 now are or shall at any time hereafter during the continuance 
 of this security be upon, in, or belonging to the said farm and 
 lands, or the messuage or farm house, or any other buildings on 
 the said farm : To hold the same unto the mortgagee, his to mort 
 executors, administrators, and assigns {Proviso for redemption , — 
 and covenants hy mortgagor for payment of principal and inte- 
 rest, supra, p. 760) : And it is hereby agreed and de- 
 clared, that if default shall be made in payment of the said 
 
 sum of £ , or the interest thereof, or any part thereof, on 
 
 the day of next, it shall be lawful for the mortgagee, 
 
 at any time thereafter, by himself, his agents and servants, and 
 either with or without horses, carts, and carriages, to enter into 
 and upon the said farm, and take possession of the said chattels 
 hereby assigned, and to mow, reap, and gather the said crops 
 and carry away the same : And also to sell, &c. {Power to sell 
 and ancillary clauses, — proviso for "possession hy mortgagor until 
 default, — covenants hy mortgagor,— for right to assign,— and for 
 further assurance, — to insure against fire and usual provisions as 
 to insurance, — declaration that future property shall he suhject to 
 security and power of attorney, supra, pp. 760 to 763, 765). 
 In witness, &c. 
 
 (a) This deed wiU reqvdre registration. 
 
 Digitized by Microsoft® 
 
776 
 
 BILLS OF SALE. 
 
 No. VIII. 
 
 BY INN- 
 KEEPER, OF 
 
 GOODWILL 
 AND BTOCK ■ 
 
 IN THADE. 
 
 Parties. 
 
 That mort- 
 gagor has 
 carried on 
 l)usiness at 
 leasehold 
 premises. 
 
 Agreement 
 for loan. 
 
 Advance, 
 and mort- 
 gage of 
 heredita- 
 ments by 
 deed of even 
 date. 
 
 Witnessing 
 part. 
 
 Mortgagor 
 assigns 
 
 goodwill of 
 business. 
 
 BILL of Sale &?/ an Inn-keeper of the Goodwill of 
 his Business, and of his Stock in Trade and 
 Effects by toay of Collateral Security for 
 .principal money and interest secured by a Mortgage 
 of the Leasehold Premises where the business is 
 carried on — Powers to Sell and Lease, 
 
 THIS INDENTURE, made the day of ,. Between 
 
 A. B. of, &c. {mortgagor) (hereinafter called " the mortgagor "), 
 of the one part, and C. D. of, &c. (mortgagee) -(hereinafter 
 called " the mortgagee "), of the other part : Whereas the 
 mortgagor has for some time carried on the business of an inn 
 or tavern keeper at or in certain leasehold premises situate in 
 
 street in the town of , called " The Ship Inn : " And 
 
 whereas the mortgagor has requested the mortgagee to lend to 
 
 him the sum of £ , which the mortgagee has agreed to do 
 
 upon having the repayment thereof with interest secured by a 
 mortgage of the said leasehold premises, and also by a mortgage 
 of the goodwill of the said premises, and of the stock in trade 
 and effects thereof, in the manner hereinafter expressed : And 
 WHEREAS the mortgagee has accordingly paid to the mortgagor 
 the sum of £ , and in consideration thereof and in part pur- 
 suance of the said agreement, the mortgagor has by an indenture 
 bearing even date with these presents (and duly impressed with 
 
 an ad valorem stamp duty upon a mortgage for £ ), assigned 
 
 the said leasehold premises unto the mortgagee, his executors, 
 administrators, and assigns, by way of mortgage to secure the 
 
 payment of the said sum of £ , with interest for the same 
 
 after the rate of £ per cent, per annum : NOW THIS 
 
 INDENTURE WITNESSETH, that in pursuance of the said 
 
 agreement in this behalf, and in consideration of the sum of £ 
 
 paid by the mortgagee to the mortgagor as afoiresaid, The mort- 
 gagor doth hereby assign unto the mortgagee. All that the 
 goodwill and interest of him the mortgagor in the business of an 
 inn or tavern keeper as the same is carried on at or in the said 
 
 premises in street in the town of , called " The Ship 
 
 Inn," and in any subsidiary trade or trades, business or busi- 
 nesses carried on at or in the said premises in connection with 
 
 Digitized by Microsoft® 
 
BILLS OF SALE. 777 
 
 the said business of an inn or tavern keeper, and the wine and f^^J^ls^r 
 spirit licences belonging to the said premises, and the full benefit ™™aTOCK 
 and advantage thereof, And also all and singular the stock in '" '''^^^- 
 trade, trade fixtures, household furniture, plate, lineu, glass, ^[00™^ 
 china, and other effects belonging to or used in or about the *™gg'f,f;. 
 said premises called "The Ship Inn," or in anywise belonging "''™''' *^'^' 
 to or used in the said business as carried on at or in the said 
 premises : And also all the stock in trade, trade fixtures, 
 household furniture, plate, linen, glass, china, and other effects aUo future 
 which shall or may at any time or times during the continuance trade, ax- 
 
 tures &c, 
 
 of this security be brought into the said premises called " The 
 Ship Inn," or be appropriated to the use of the said business 
 either in addition to or in substitution for the stock in trade, 
 trade fixtures, household furniture, plate, linen, glass, china, and 
 other effects now being therein or belonging thereto, or any of 
 them : And all the interest of the mortgagor therein : To to mort- 
 HOLD all the premises hereby assigned, or expressed so to be, tg 
 unto the mortgagee : Provided always, that this assign- 
 ment shall be void if the mortgagor shall on the day of 
 
 next pay to the mortgagee the sum of £ , with interest 
 
 thereon after the rate of £ per cent, per annum, computed 
 
 from the date of these presents (a) : And that until the mort- qufet°Jnjoy- 
 gagee shall take possession of the said premises under the power So?4aeor 
 in that behalf hereinafter contained, it shall be lawful for the default. 
 mortgagor to retain the enjoyment and possession of the same, 
 and to consume in and for the purposes of the said business such 
 of the stock in trade hereby assigned as is or shall be of a con- 
 sumable nature, and also to remove from the said premises, and 
 dispose of as he or they shall think fit any of the said trade 
 fixtures, household furniture, and other effects in lieu of and in 
 exchange for other trade fixtures, household furniture, or effects 
 of equal or greater value which shall have been brought into 
 the said premises known as "The Ship Inn," or otherwise ap- 
 propriated to the use of the said business. But the mortgagor Proviso that 
 
 uiortEflcor 
 
 covenants with the mortgagee that he will not while in pos-shaunot 
 
 f> ' 1 111 1 • 1 remove 
 
 session as aforesaid remove the chattels and premises hereby chattels 
 
 except to 
 
 assigned, or expressed so to be, or any of them, frorn or out of suhstitute 
 the said premises called " The Ship Inn," except for the purpose ^l^°^l 
 of substituting other chattels in their place of equal or greater 
 
 (o) It is assumed that the recited mortgage deed contains the usual 
 covenants to pay principal and interest. 
 
 Digitized by Microsoft® 
 
778 BILLS OF SALE. 
 
 BT INN- 
 KEEPER, OF 
 
 GOODWILL 
 AND STOCK 
 
 IN TRADE. 
 
 value, and except as to consumable provisions in the ordinaiy 
 course of business, without the consent of the mortgagee : And 
 THAT the mortgagee shall be at liberty at all reasonable times 
 mo*r4''ag'ee *° enter into and upon the said premises called "The Ship 
 toTiispoot, Inn," for the purpose of inspecting the chattels and premises 
 *°" hereby assigned, or expressed so to be, and the state and con- 
 
 dition thereof, and of taking schedules and inventories of the 
 same, and for all other reasonable purposes connected with this 
 Power to security : Pkovided always, and it is hereby agreed and 
 
 mortgagee *^ ./a 
 
 d"f°^'it't declared, that it shall be lawful for the mortgagee, at any time 
 enter and or timcs after the said day of next, while anv money 
 
 take posses- •* ' j j 
 
 sion, remains owing on this security, either by himself or his agents 
 
 or servants, to enter into and upon the said premises called 
 "The Ship Inn," or any part thereof, or any other place or 
 places in which the chattels and premises hereby assigned, or 
 expressed so to be, or any of them, shall be or shall be supposed 
 to be, and to seize and take possession of the said chattels and 
 premises, and either to remove and carry away the same or to 
 remain in the said premises called " The Ship Inn," or such 
 other place or places as aforesaid, for the purpose of selling 
 and to sell, the Said chattels and premises as he shall think fit, And 
 also to sell the said goodwill, chattels and premises, or any of 
 them, or any part or parts thereof respectively, either together 
 or in lots, and either by public auction or private contract, at 
 such price or prices, and upon and subject to such terms and 
 to'iet or conditions as he may think fit. And also at any time or times, 
 lease, g^^^ either preparatory to any such sale or otherwise, to let 
 
 ^the same premises, or any of them, or any part thereof re- 
 spectively, either from year to year or otherwise, or to grant 
 any lease or leases thereof for any term or terms of years, and 
 either in possession or reversion, and either with or without 
 taking a premium for the making thereof respectively, and at 
 such yearly or other rent or rents, and under and subject to 
 such covenants and conditions, and generally upon such terms 
 with power as he shall think fit : And also to buy in any premises which 
 and rescind may be put up for Sale by auction, and to rescind or vary any 
 
 contracts, ■' p , , , . , . ^ , . -, . 
 
 contract tor the sale, letting, or leasing oi the said premises, or 
 any part thereof, and to re-sell, re-let, and re-demise the pre- 
 mises which shall be so bought in, or the contract for the sale, 
 letting, or leasing whereof may be so rescinded as aforesaid, 
 without being answerable for any loss occasioned thereby or 
 consequent thereon, and also upon any such sale, letting, or 
 
 Digitized by Microsoft® 
 
BILLS OF SALE. 779 
 
 K£EPEB, OF 
 GOODWILL 
 
 AND STOCK 
 IN TRADE. 
 
 leasing as aforesaid, to give time for tte payment of the pur- 
 chase money or premiums, or any part or parts thereof respec- 
 tively, and upon such security, personal or otherwise, or without 
 security as he may think fit, and also to execute any deed ^^^of ™ 
 or deeds, to give effectual receipts for any purchase-money or Su^tose-"' 
 premiums, and to do all other acts and things for completing """^y- *"• 
 any sale, letting, or lease which the mortgagee shall think 
 
 proper : And it is hereby agreed and declared, that the Trusts of 
 
 mortgagee shall, with and out of the purchase-moneys, rent, money, 
 premiums, or other consideration moneys to arise from any such 
 sale, letting, or lease as aforesaid, in the first place pay and 
 retain the costs and expenses attending such sale, letting, or 
 lease, or otherwise incurred in relation to this security, and in 
 the next place pay and satisfy the moneys which shall then be 
 owing on the security of these presents, and shall pay the 
 surplus (if any) to the mortgagor, his executors, administrators, 
 or assigns : Provided also, that while and so long as the Mortgagee 
 mortgagor shall carry on the said business at " The Ship Inn " &c., with-' 
 aforesaid, and shall not become bankrupt, or make any arrange- except in ' 
 ments with his creditors, and shall duly and punctually pay inte- oases. 
 rest on the principal sum hereby secured on the day of 
 
 and the day of in every year, or within fourteen days 
 
 thereafter, and shall also duly observe the covenants hereinafter 
 contained, the mortgagee shall not exercise the powers of sale 
 and leasing hereinbefore contained without first giving to the 
 mortgagor, or leaving at " The Ship Inn " aforesaid, fourteen 
 days' previous notice of his intention so to do : Provided also, Purchaser 
 that no purchaser or lessee shall be bound to see or inquire to inquire as 
 whether any money shall at the time of the sale or lease remain 
 owing on this security, or that the sale or lease is consistent 
 with the proviso last hereinbefore contained, nor otherwise as 
 to the necessity or propriety of the sale or lease, nor be affected 
 by notice that the sale or lease is unnecessary or improper. 
 (Covenant by mortgagor that he has right to assign, and for 
 further asswrance, to insure against fire, and usual provisions as 
 to insurance, suprd, pp. 762, 763, — declaration that security 
 shall extend to future property, and power of attorney, p. 765, — 
 declaration that powers of mortgagee shall devolve on his executors, 
 dtc, suprd, p. 763.) 
 In witness, &c. 
 
 Digitized by Microsoft® 
 
780 
 
 BILLS OF SALE 
 
 No. IX. 
 
 TO 
 
 BANKING 
 COMPANY 
 TO SECUBB 
 BAliANCE 0* 
 ACOODNT 
 CURRENT. 
 
 MORTGAGE of Chattels hy a Tbadek to a Banking 
 Company to secure the Balance of his Account 
 Current. 
 
 THIS INDENTURE, made the 
 
 day of 
 
 Recite that 
 mortgagor 
 has opened 
 account. 
 
 Agreement 
 for security. 
 
 Witnessing 
 part. 
 
 Mortgagor 
 covenants 
 to pay to 
 company 
 all moneys 
 owing on 
 account 
 current. 
 
 and to pay 
 interest on 
 final 
 balance. 
 
 Second 
 
 witnessing 
 
 part. 
 
 Mortgagor 
 assigns 
 chattels 
 to banking 
 company. 
 
 Subject to 
 proviso for 
 redemption. 
 
 Power to 
 talce posses- 
 sion, &c. 
 
 -, Between 
 A. B. of, &c. (hereinafter called "the mortgagor") {mortgagor), 
 
 of the one part, and The r- Banking Company Limited 
 
 (hereinafter called " the company "), of the other part : 
 Whereas the mortgagor has opened an account with the 
 
 company at their branch bank in aforesaid, and has agreed 
 
 to give such security in respect thereof as is hereinafter ex- 
 pressed : NOW THIS INDENTURE WITNESSETH, that 
 in pursuance of the said agreement, and in consideration of 
 the premises. The mortgagor doth hereby covenant with the 
 company that he the mortgagor will pay to the company all 
 sums of money which now are or shall from time to time here- 
 after become due and owing from him on his account current 
 with the company (including interest, commission, and other 
 lawful charges) : And if at the time when this account current 
 is closed a balance shall be owing from him thereon, then will 
 pay to the company interest thereon ■w'hile the same shall 
 remain unpaid after the rate of £5 per cent, per annum, com- 
 puted from the time when such balance shall be ascertained : 
 AND THIS INDENTURE ALSO WITNESSETH, that in 
 further pursuance of the said agreement, and in consideration 
 of the premises, The mortgagor doth hereby assign unto the 
 company, All, &c. (describe chattels) : To HOLD the same 
 unto the company : PROVIDED ALWAYS, that upon payment to 
 the company of all moneys hereinbefore covenanted to be paid 
 to them, the said chattels and things hereby assigned, or such 
 of them as shall not have been sold under the power in that 
 behalf hereinafter contained, shall revert to and again become 
 the absolute property of the mortgagor : And it is declared, 
 that it shall be lawful for the company, at any time or times 
 hereafter while any money is owing to them on the said 
 account, to, &c. (take possession and sell, — declaration of trusts 
 of purchase money, — covenant for right to assign and further 
 assurance, and for insurance against fire, as in Precedent No. I., 
 to the end, supra, pp. 761 to 763, omitting clause as to notice). 
 In witness, &c. 
 
 Digitized by Microsoft® 
 
BILLS OF SALE, 781 
 
 No. X. 
 
 AFFIDAVIT to be Filed Pursuant to Act for Regis- i™";" 
 TEEING Bills of Sale. ^"-^"^ 
 
 I, L. M. of , in the county of , a solicitor of the 
 
 Supreme Court of Judicature, make oath and say, as follows : — 
 
 1. That the paper writing hereunto annexed is a true copy 
 
 of a bill of sale, made or given by A. B. to C. D., of ■ ; in 
 
 the county of , Esq. [and of the schedule or inventory 
 
 thereto annexed or therein referred to (a)], and of the {or 
 every, if there are two attesting witnesses) attestation of the 
 execution thereof. 
 
 2. That the said bill of sale was made or given on the 
 
 day of , 18 — , being the day of the date thereof, and was 
 
 duly executed and attested. 
 
 3. That I was present, and did see the said A. B. sign and 
 
 execute the said bill of sale, on the said day of , in the 
 
 year aforesaid, and that the said A. B. then resided and still 
 resides at , and then was and still is a linendraper, 
 
 4. That the name L. M. subscribed as a witness attesting the 
 execution of the said bill of sale is in my proper handwriting, 
 
 and that on the said day of , in the year aforesaid, I 
 
 resided and that I still reside at , and am a solicitor of 
 
 the Supreme Court of Judicature (6). 
 
 (a) Where there is a sohedale or inventory. 
 
 (6) If there are two attesting witnesses, substitute for paragraph 4 : — 
 
 4. That the names L. M. and G. H. subscribed as witnesses 
 attesting the execution of the said bill of sale are respectively 
 in the handwriting of me and of the said G. H., and that on 
 
 the said day of , in the year aforesaid, I resided and 
 
 that I still reside at , and am a solicitor of the Supreme 
 
 Court of Judicature, and that the said G. H. then resided and 
 still resides at , and then was and still is a grocer. 
 
 Digitized by Microsoft® 
 
782 
 
 BILLS OP SALE. 
 
 TION THAT 
 
 MONEYS 
 
 HAVE BEEN 
 
 PAID. 
 
 No. XT. 
 
 DECLAEATION hy Donee of Bill of Sale that the 
 Peincipal Moneys and Intekest theeeby secured 
 have been Paid. 
 
 I, C, D, of, &c., Do heeeby certify and declare, that all the 
 moneys secured by the within-written bill of sale [or the bill of 
 sale of which the within- written paper is a copy], and all interest 
 in respect thereof, have been duly satisfied and discharged. 
 Signed by the said C. D.,. 
 in the presence of E. F., 
 of, &c., and G. H. of, &c. 
 
 (Signed) C. D. 
 
 Digitized by Microsoft® 
 
APPENDIX (A). 
 
 N.B. — The following Observations appeared in the last Edition. 
 
 OBSERVATIONS ON THE LAND TRANSFER ACT, 1875. 
 (38 & 39 Vict. c. 87.) 
 
 1. Thk fourth edition of this work, which was published shortly introduo- 
 after the passing of the Land Transfer Act, 1862 (Lord Westbury's *"'°' 
 Act), contained (in an appendix) a paper kindly contributed by 
 
 Mr. Watters, of the Middle Temple, in which the writer discussed the 
 provisions of that Act, and arrived at the conclusion, for reasons 
 clearly and forcibly stated, that it would be likely to prove a failure ; 
 a conclusion which has been fully justified by the event. The Land 
 Transfer Act, 1875, is an attempt on the part of the Legislature to 
 cure the supposed defects of the former measure, and it is proposed 
 in the following pages to give a summary of its leading provisions, 
 and then to consider whether it is likely to meet with more success 
 than its predecessor («). 
 
 2. The preamble of the Act states its object to be to make further Preamble of 
 provision for the simplification of the title to land, and for facilitating ^^^ ^°'' 
 the transfer of land in England. This object is to be attained by the 
 establishment of a land registry (to be substituted for the registry 
 established by the former Act), in which any person who has con- Persons 
 tracted to buy an estate in fee simple in land, or any person entitled register.^ 
 to or having the power to dispose of an estate in fee simple in land, 
 
 may get himself or his nominee or nominees, not exceeding the pre- 
 scribed number (which is limited by the rules to four (6), to be regis- 
 tered as proprietor or proprietors, either with an absolute title or 
 with a possessory title only ; but in the case of land contracted to 
 be bought, the vendor must consent to the application (c). 
 
 3. A first registration as proprietor, with an absolute title, vests in Effect of 
 him an estate in fee simple, subject to registered incumbrances trationf ^ 
 (if any), to such liabilities, rights, and interests as are by the Act 
 declared not to be incumbrances, and algo (as between himself and 
 persons claiming under him) to any unregistered rights and interests 
 
 to which such persons are entitled (d). Registration, with a pos- 
 sessory title only, will not affect or prejudice the enforcement of 
 any adverse right subsisting or capable of arising at the time of 
 registration (e). 
 
 (a) Many of the reasons which were urged by Mr. Waiters in the paper above 
 referred to, as. likely to prevent landowners from registering under Lord Westbury's 
 Act, are equally applicable to the present measure, and are, In substance, repeated 
 (with the writer's permission) among the observations in the text. 
 
 (b) Kule 37. W Sect. 5. 
 
 id) Sect. 7. W Sect. 8. 
 
 Digitized by Microsoft® 
 
784 
 
 APPENDIX. 
 
 Registration 
 with a quali- 
 ■ fled title. 
 
 4. The registrar may certify a title as established for a limited 
 period only, or subject to reservations, and this is called a qualified 
 title (a). 
 
 5. The Act directs that a separate register be kept of leasehold 
 land, and enables registration as proprietor of leasehold land subject 
 to provisions similar to those relating to freehold laud (b). 
 
 6. Registered land will remain subject to certain liabilities, rights, 
 and interests, which are declared by the Act not to be incumbrances, 
 and which may be shortly stated as all incidents of tenure, succession, 
 duty, land-tax, tithe rent-charge, rights of common and easements, 
 mineral rights, franchises, and leases or tenancies, for any term not 
 exceeding twenty-one years, where there is an occupation thereunder. 
 
 7. Sections 22 to 28 enable registered proprietors to create regis- 
 tered charges, and describe the efifect and operation of such charges. 
 Sections 29 to 33 relate to the transfer of freehold land, and in 
 effect provide that a registered proprietor may transfer the entire fee 
 simple, but do not allow of the creation of less estates ; and in like 
 manner the registered proprietor of leasehold land may transfer the 
 whole of his estate therein, or iu any part thereof (c). 
 
 8. On the death of a sole registered proprietor, or the survivor of 
 several joint registered proprietors of freehold land, the registrar is 
 to register as proprietor such person as he may deem entitled to be so 
 registered (d) ; and if the land be leasehold, the executor or administra- 
 tor is to be registered («). And if a female registered proprietor marries, 
 the husband may in certain cases be registered as co-proprietor (/). 
 
 9. A lessee of registered land may apply to the registrar to have 
 notice of the lease entered on the register (</). 
 
 10. Eegistered proprietors may create unregistered estates to the 
 same extent as they might do if the land were not registered (fi), 
 
 t'ered^estates but such unregistered estates will be void against subsequent 
 
 maylDe ^ ---_ _- 
 
 created by 
 
 registered 
 
 owners. 
 
 Leasehold 
 land. 
 
 What are 
 not incum- 
 brances 
 Tinder the 
 Act. 
 
 Registered 
 charges, 
 transfers, 
 &c. 
 
 Transmis-") 
 sign of 
 registered 
 title. 
 
 liGssee may 
 have notice 
 of lease 
 entered on 
 register. 
 
 TJnregis- 
 
 registered dispositions for valuable consideration ; and the Act con' 
 tains various provisions for the protection by cautions and otherwise 
 of the owners of unregistered interests. 
 
 11. The above is an outline of the principal enactments of the Land 
 Transfer Act, 1875, and the question to be considered is whether it is 
 to the interest of landed proprietors generally to avail themselves of 
 its provisions. The answer to this question depends on : 1st, what is 
 the trouble and cost that will have to be incurred in order to obtain 
 registration ; and 2ndly, whether the position of the owner after 
 registration, as compared with that of an unregistered owner, will be 
 so advantageous as to compensate for the trouble and expense thus 
 incurred. 
 
 12. The rules and orders, which have been issued under the Act, 
 Nos. 7 to 13 inclusive, state in detail the proceedings to be taken by 
 
 tra«onT^ an applicant in order to obtain registration with an absolute title. 
 
 an absolute They are too long to set out here, but it will be sufficient to say that 
 the applicant will be obliged to establish his title to the satisfaction of 
 the registrar ; for this purpose he will have to deliver an abstract in 
 the usual form, and any opinions of counsel, or other papers relating 
 to his title which he may have, to produce his deeds to be examined 
 with the abstract, and to submit to the usual searches. The title may 
 
 Question to 
 be con- 
 sidered, 
 whether it 
 is 'to the 
 interest of 
 landowners 
 to register. 
 
 Proceedings 
 necessary in 
 order to 
 
 ^itle, 
 
 {a) Sect. 9. 
 (d) Sect. 41: 
 ((/} Sect. 6Q. 
 
 (5) Sects. 11 to 16. 
 (e) Sect. 42. 
 (A) Sect. 49. 
 
 (c) Sects. 84 to 39. 
 (/) Sect. 44. 
 
 Digitized by Microsoft® 
 
APPENDIX, 7St 
 
 (and it is to be presumed as a general rule will) be laid before one of 
 the conveyancing counsel of the Court, or an examiner of title, and the 
 costs of examination, of proving the title, of all searches and inquiries, 
 and the fees of the conveyancing counsel will have to be borne by the 
 applicant. Advertisements (also at his expense) will be inserted in 
 the newspapers, and the registration is not to be completed until at 
 least three months have expired from the date of the first advertise- 
 ment. Notices, moreover, have to be served on tenants, incum- 
 brancers, and others. And any objections made to the proposed 
 registration are to be heard and determined by the registrar, subject 
 to an appeal to the Court. In addition to the expenses above referred 
 to, there will have to be paid as a fee for the entry of first proprietor- 
 ship ; 5s. for every £100 of the value of the property up to £1000 ; 
 3a. for every additional £100 up to £5000 ; 2s. for every additional 
 £100 up to £20,000 ; and Is. for every additional £100. 
 
 13. The expenses of obtaining registration with an absolute title i*^™^ of 
 may be approximately stated thus : Ist, the applicant will have to beinourred 
 pay his own solicitor for preparing an abstract and complying with the obSiif re^s- 
 requisitions made by the registrar, a sum at least equal to what he tration. 
 would have to pay if his land were unregistered on a sale under an 
 
 open contract ; 2udly, he will have to pay to the registrar and the 
 persons employed by him a further sum, at least equal to what the 
 purchaser under the same open contract would have to pay for in- 
 vestigating the title, ikc. ; 3rdly, he will have to pay for the adver- 
 tisements required by the Act, and, if any objections are made, may 
 have to pay costs in meeting such objections ; ithly, he will have to 
 pay the ad valorem fees for registration above referred to. 
 
 Let us now see what compensating advantages will accrue to him 
 from the registration. 
 
 14. The Act provides (a) that the first registration of any ^'''?<* °[. 
 person as proprietor with an absolute title shall vest in him an as regards 
 estate in fee simple, subject: 1st, to registered incumbrances (ifpJopriltor 
 any) ; 2ndly, to such liabilities as are by the Act declared not to Wmseif. 
 be incumbrances ; and 3rdly, to unregistered estates to which any 
 persons claiming under him may be entitled, but free from all other 
 estates. It would appear from this that the first registered proprietor 
 himself obtains an absolute title against all incumbrances created by 
 
 his predecessors in title, whether he claims under them by purchase 
 or descent, provided, of course, that he has not been guilty of fraud 
 in concealing such incumbrance from the registrar. But it is difiicnlt 
 to attach to this privilege any appreciable value, as the cases must be 
 rare in which an incumbrance created by a predecessor would remain 
 concealed without any fraud on the applicant's part, during the pro- 
 ceedings for registration. 
 
 15. If a registered proprietor with an absolute title sells, he will S^fgd'^y'^* 
 no doubt save some expense in the making out of his title. The land registra- 
 certificate will be his only title deed, and there need be no abstract of of a sale, 
 title as in the case of unregistered land. If the sale is made in one ^^if^ 
 lot, the expense thus saved will at the utmost be equivalent to No. 1 less than 
 of the items of expense mentioned above in the 13th paragraph as *^^'ia 
 having been incurred by him in obtaining registration ; and in most obtaining 
 cases it will be less than this, because a prudent vendor, particularly "^'^-'^ ''°- 
 
 (a) Sect. 7. 
 
 VOL. I. 
 
 3 u 
 
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786 APPENDIX. 
 
 in small transactions, generally stipulates for some limitation of the 
 purchaser's right with respect to the evidence of title he may require. 
 Whether the 16. It may, however, be said that the purchaser's expenses will also 
 of the pur- he lessened, and that the knowledge that this will be so, and also that 
 expense by ^^ ^'■^^ acquire an absolute title, will induce a purchaser to pay a 
 registration higher price than he otherwise would. 
 
 purohase^"^^ 17. In large transactions it may be doubted whether the cost of 
 money. investigating the title forms an appreciable item in the computation 
 In large of thg purchase-monev, and it may be confidently stated that the 
 tions. probability of eviction by reason of a bad title does not influence the 
 
 purchaser aA all. 
 In smau 18. But in small transactions, and particularly when an estate is 
 
 tfdns.''"" sold in a great number of small lots, it is possible that both the 
 considerations above referred to may have some influence. The saving 
 of expense to the vendor on a great number of transactions may 
 compensate the original outlay on obtaining registration, and more- 
 over each purchaser buying a small lot may be inclined to pay more 
 when he knows that the expense of investigation will be small. But 
 even this is doubtful, for in most sales of this description, particularly 
 where the lots are small, the conditions stipulate for the production 
 of a very short title, and the purchasers are generally able to make 
 arrangements with their solicitors for limiting the expenses to a 
 Expense of certain sum. Moreover it will be borne in mind that even if the 
 
 completion „, , . .,..,,,, , 
 
 is increased expense 01 investigation is diminished by the registration, the expense 
 tion.^*"*'™" °f ^^^ conveyance is increased thereby. In addition to the cost of 
 his deed, the purchaser has to complete the transaction on the register, 
 and this proceeding will not always be very simple or easy. Rule 23 
 directs that where the land transferred is a part only of the registered 
 land, an extract or copy on tracing linen from the public map referred 
 to in the registered description, with a reference when necessary to a 
 revision and enlargement of such extract to be made on tracing linen, 
 delineating the land transferred, and defining its locality with refer- 
 ence to the land retained, shall be referred to in the instrument of 
 transfer ; and by Eule 3 this extract from the map with the refer- 
 ence to the enlargement, must be left with the registrar. Now in the 
 case of a sale of land in a number of small lots, one lot often looks 
 precisely like another on the map annexed to the conveyance, but this 
 will not satisfy the registrar. Each plot must be so described as to 
 distinguish it from the adjoining plots, otherwise there will be a risk 
 of the same plot being registered to two difiierent purchasers. The 
 evidence of identity to satisfy the registrar will in such a case often 
 prove a formidable addition to the cost of the conveyance. 
 of%xpenlL°^ 19- As regards mortgages, a person borrowing money on mortgage 
 onmort- has to pay the expenses of both parties, and consequently would 
 feffstmtion. '^^^'^^ ^ saving by registration in No. 2 as well as No. 1 of the items 
 of expense mentioned in the 13th paragraph, in cases where the 
 mortgagee insists on a strict investigation of title. But in a great 
 number of cases a mortgagor borrows from a client of his own 
 solicitor, who knowing the title does not put him to the expense of a 
 strict investigation. And as regards the completion of the mortgage 
 the necessity for registration would, as in the case of a sale, be an 
 additional expense. Moreover, a mortgagor could not be advised to 
 execute the instrument of charge prescribed by the rules and orders 
 
 Digitized by Microsoft® 
 
APPENDIX. 787 
 
 without some qualification. Under it and the 27th section of the Act, 
 the mortgagee will be able to sell at any time after the day appointed 
 for payment without giving the mortgagor any notice of his intention 
 so to do, whereas the established practice is to require a six months' 
 notice, unless interest is in arrear, and a mortgagee selling without 
 notice would be liable in damages to the mortgagor for so doing. It 
 will, therefore, be necessary for the mortgagor's protection to have a 
 second deed, containing the usual clauses as to notice, unless the 
 registrar will allow them to be added to the statutory form. 
 
 20. But the Act gives the option of registering with a possessory ^^™?'' "' 
 title only, i. e., a title which is subject to all adverse estates and registratfon 
 interests subsisting at the date of the first registration, and the ^^g^f^*_^'- 
 proceedings for obtaining registration of this kind are conipara- compara-' 
 tively simple and inexpensive. Still it will cost something, the smau. 
 fees for entry of first proprietorship being fixed at half those payable 
 
 on the entry of first proprietorship with an absolute title. 
 
 21. It is clear that if a proprietor contemplates an immediate sale Suchregis- 
 or mortgage, registration with a possessory title will be useless, as the useless in 
 title to be shown by him will be precisely what it would have been "mmaiiate 
 if he had not registered. The only advantage, therefore, as regards sale or 
 subsequent dealings would be that it might shorten and simplify his ^■^att^"' 
 title in the event of his selling or mortgaging forty years afterwards, aoibtfui 
 
 1 /, . . , ° T , . \ " / "^ . . 1 . , advantage 
 
 or perhaps (by usmg special conditions) on a sale within a shorter in case of a 
 period. But in the first place it is not likely that a person will incur milage 
 a certain expense at present, even though it be not very large, in at a inoie 
 order to save expense at so remote a period, in an event which may or period! 
 may not happen. In the next place, it is not clear, that even future 
 expense will to any appreciable extent be saved, for if there are no 
 intermediate dispositions the title to the land, had it remained unregis- 
 tered, would have been very simple, and if there are any intermediate 
 dispositions, the expense connected with the registration of such 
 dispositions must be taken into consideration. 
 
 22. But apart from the question of saving of expense, let us con- ^t""" '""*■ 
 sider some of the incidents of a registered estate as compared with registered 
 an unregistered one. *^'"'*- 
 
 23. One of the objections made to Lord Westbury's measure was, Ppwerof 
 that when a title had once been cleared by registration, it might soon re-stricte'dby 
 become as complicated as before. The Act of 1875 meets this objec- registration, 
 tion by very considerably curtailing the registered owner's power of 
 disposition. He may transfer the fee simple, may mortgage in the 
 prescribed manner, and lease, but this is all. He cannot (like an un- 
 registered owner) create successive estates for life or in tail, or subject 
 
 the land to uses and powers, which will be valid and efiectual against 
 subsequent purchasers. If he wishes to make a settlement he can 
 do it by way of trust only, i. e., by vesting the land in trustees, and 
 declaring the trusts by a separate deed, and the persons claiming under 
 the trusts (a) can only protect their interests by cautions lodged with 
 the registrar. 
 
 {a) The Act does nol prevent a registered proprietor from creating legal estates for 
 life, and in tail, &c. ; but as such estates must be unregistered, and consequently 
 liable to be defeated by a subsequent registered disposition, they are, for all practical 
 purposes, equiyalent to mere equitable interests, and in fact are not so well protected 
 as equitable interests in unregistered land, because a subsequent purchaser will not 
 be affected by notice of them. 
 
 3 je; 2 
 
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788 
 
 APPENDIX. 
 
 Limitation 
 of power of , 
 disposition ', 
 incon- 
 venient, 
 wliere a 
 strict set- 
 tlement is 
 desired. 
 
 Argument 
 tliat it is 
 desirable to 
 restrict 
 power of 
 disposition, 
 inapplicable 
 to a volun- 
 tary system 
 of registra- 
 tion. 
 
 Transmis- 
 sions and 
 devolutions 
 of registered 
 land wiU 
 involve 
 trouble and 
 exx^ense. 
 
 T?raud and 
 
 forgery, 
 
 bow far 
 
 registered 
 
 owner is 
 
 protected 
 
 against. 
 
 24. This limitation of the power of disposition will certainly be 
 noonvenient to any person wishing to make a strict settlement. Ac- 
 cording to the general practice, a settlor, as legal tenant for life 
 without impeachment of waste, has the entire management of the 
 property, can grant leases, cut timber, &o., and the only practical differ- 
 ence between his position and that of an owner of the fee simple is 
 that the intervention of trustees has to be called in if a sale or other 
 disposition of the fee simple is intended. The owner of a settled estate 
 will, it may be assumed, reasonably object to deprive himself of this 
 apparent ownership, by transferring the legal estate to trustees ; on 
 the other hand, it is difficult to see how a safe and effectual settle- 
 ment of registered land can be effected without making the trustees 
 registered owners. 
 
 25. It may be said that the unlimited power of disposition above 
 referred to has been one of the principal causes of complicated titles, 
 and that it is for the public benefit, with a view to the simplification 
 of title, that it should be curtailed in the manner proposed. This 
 argument would have much force if the question were whether it is 
 desirable to have an universal and compulsory system of registration, 
 but it has none when applied to a voluntary system. It is not to be 
 expected that a proprietor of land will voluntarily place himself by 
 registration in a less advantageous position as compared with his 
 neighbour who does not register, for any reason founded on the public 
 benefit supposed to arise from such a restriction on his rights. 
 
 26. Again, when land has been registered, all transmissions and 
 devolutions will involve expense and trouble. Thus, on the death of 
 a proprietor, such person ,is to be registered as proprietor in his 
 place as may on the application of any person interested be 
 appointed by the registrar, regard being had to the rights of the 
 persons interested, subject to an appeal to the Court. Under the 
 41st section, a pei'son claiming as heir at law would have to prove 
 his heirship, a process which might in some cases be difficult, and in- 
 volve considerable expense, an expense which, if the land had not been 
 registered, he would not have incurred, until challenged by some 
 hostile claimant ; and then, if successful, might have thrown on the 
 opposite party. So, if a female proprietor marries, the husband will 
 have to apply for registration as co-proprietor. In all these cases fees 
 will have to be paid, and forms more or less troublesome will have to 
 be complied with, while xmregistered land will devolve and be trans- 
 mitted free from any sucii burden. 
 
 27. Another and a very important consideration is as to the pro- 
 tection afforded to the registered proprietor in case of fraud, e. g., 
 forgery. 
 
 The Act provides that the first registration of any person as pro- 
 prietor, with an absolute title, shall vest in him an estate in fee 
 simple, subject to the interests, &c., therein mentioned, but free from 
 all other estates and interests whatsoever (a). It then provides 
 that every registered proprietor may, in the prescribed manner, 
 transfer such land, and the transfer is t.) be completed by the registrar 
 entering on the register the transferee as proprietor of the land regis- 
 tered. It further provides that a transfer for valuable consideration 
 
 (a) Sect. 7. 
 
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APPENDIX. 789 
 
 of land, registered with an absolute title shall, when registered, confer 
 on the transferee an estate in fee simple, subject as therein men- 
 tioned, but free from all other estates. In like manner a registered 
 proprietor may, in the prescribed manner, charge the land {a). 
 Suppose the following case : A. is registered proprietor. His solicitor 
 forges his name to an instrument of transfer, in favour of B., made 
 in the prescribed manner, and attests the forged execution (6). 
 B. procures himself to be entered as registered proprietor, and 
 then transfers or mortgages in the prescribed manner to C. for valu- 
 able consideration. It is conceived, 1st, that whether B. was a party 
 to the fraud or not, the transfer was ineffectual as against A., and the 
 registration founded on the so-called transfer gave B. no title enabling 
 him to hold as against A. ; 2ndly, that the second transfer by B. as 
 the registered proprietor de facto, to C, followed by registration, will 
 confer on the latter a good title even against A. It will be observed 
 that section 100, after providing for the punishment of persons pro- 
 curing fraudulent entries, declares that any entry, &c., so made by 
 fraud, shall be void as between parties or privies to such fraud, from 
 which it may be collected that other parties, e. g., a subsequent 
 innocent transferee for valuable consideration, will have a good title 
 notwithstanding the fraud. 
 
 28. If the above view is correct, the position of a registered pro- position at 
 prietor is not so secure as that of an unregistered one. An unregis- registered 
 tered owner knows that he can never be deprived of his land except no?''™ "^ 
 by his own act or default. He must either execute some assurance ™Sst 
 affecting his interest, or permit adverse possession to be had against forgery as 
 him for a sufficient time to create a bar to his claim under the statute regi^stoed 
 of limitations ; but a registered proprietor may, without his know- o«ner. 
 ledge, be dispossessed of his land by forgery. It will be said that 
 this is unlikely, because the registrars will take good care to prevent 
 a fraud of this kind by proper precautions. The only precaution dis- 
 closed by the rules and orders is that every instrument of transfer or 
 charge shall be attested by a solicitor, and duly verified ; but if the 
 solicitor should himself be a party to the fraud, his attestation, even 
 though it were duly verified, would not seem to be a complete safe- 
 guard. And if (as has happened before now in public offices as well 
 as elsewhere) a clerk in the registrar's office should be found cor- 
 ruptible, a fraud might more easily be contrived. It is not, however, 
 necessary to show that such a fraud is likely ; the possibility of it 
 (which cannot be denied) is an element of insecurity as compared 
 with the freedom from any similar risk enjoyed by the rightful pro- 
 prietor of unregistered land (c). 
 
 (a) Sect. 22. (J) See Enle 20. 
 
 (c) The framers of the Act seem to have contemplated the danger above ad- Whether th 
 verted to, for by section 58 it is provided, that where a proprietor of Jand is Protection 
 desirous, for his own sake, to place restrictions on his transferring or charging the ^^ pro- 
 land, he may apply to the registrar to have an entry made, that no transfer or vided by 
 charge shall be made or created, unless notice of the application to transfer or fie Act is 
 charge is transmitted by the post to such address as he may specify to the ^'™'^'^'''^ 
 registrar, or unless the consent of some person be given to the transfer or charge, 
 or unless some matter or thing is done as may be required by the applicant and 
 approved of by the registrar ; but supposing a registered proprietor to avail him- 
 self of this section, it may be doubtful if any of the expedients there suggested 
 will constitute an effective check against a fraudulent transfer. Many circum- 
 stances might occur, such as absence abroad or change of residence, which would 
 
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790 APPENDIX. 
 
 dmfn"from ^^' "^^^ Conclusions to be drawn from the above observations are as 
 above ob- follows : — 1st. That considerable expense must be incurred in order 
 servations. ^^ obtain registration with an absolute title. 2ndly. That the 
 expense so incurred will not be compensated by an equivalent saving 
 of expense in case of a subsequent sale or mortgage by the registered 
 proprietor, except perhaps (for even this is doubtful), in the case of a 
 sale of land, held by the same title, in a great number of lots, 
 3rdly. That registration, with a possessor^/ title, can be effected at a 
 comparatively small cost ; but, on the other hand, no saving of 
 expense will arise therefrom on a subsequent mortgage or sale, except 
 after the lapse of a considerable time. 4thly. That registration will 
 involve expense and trouble on every subsequent devolution or trans- 
 mission of title, and also on all subsequent dispositions required to 
 be registered, and which, in the case of unregistered land, would 
 involve no corresponding expense ; e. g., settlements, whether volun- 
 tary or for valuable consideration. Bthly. That a registered pro- 
 prietor is subject to restrictions on his power of dealing with the land 
 from which an unregistered proprietor is free ; and, 6thly. That 
 his position is not so secure against fraud as that of an unregistered 
 owner. 
 noTuiteiTto '^^' ^^ *^® above conclusions are well founded, it would seem to 
 be resorted follow that registration under the new Act is not likely to prove more 
 *"• attractive to the landed interest generally than was Lord Westbury's 
 
 measure. And if any landowner should find it difficult to determine 
 whether registration in his particular case is likely to be an advantage 
 to him or not, he will probably be influenced to decide against taking 
 the step, by the knowledge that, when taken, it is irrevocable, for the 
 Act does not, like Lord Westbury's Act, give him any lo<y>is pcenitentwe, 
 Land cannot by allowing him, if dissatisfied, to withdraw his land from the 
 drawn from register, and thus restore himself to his former position. 
 register. 31 _ jf ti^g Act of 1876 should prove in the sequel to be as abortive 
 
 ^proposal ^ measure as its predecessor, it may be assumed that Parliament will 
 to make not make a third attempt to establish a voluntary registration. If 
 oompSsory. the question should be again brought forward, it will probably be in 
 the shape of a proposal to make registration compulsory. But com- 
 pulsory registration must be universal, and it must be convenient. 
 Kegistries would have to be established not only in London, but in 
 all the principal provincial towns, and the cost of their establishment 
 would have to be borne by the public. It would seem right also that 
 the public should pay the expense of the first registration of pro- 
 prietors, for it would be hardly fair to compel the proprietor himself 
 to pay for a process which he would rather dispense with altogether. 
 But in any case a very considerable expense would be thrown on 
 the public by establishing a general registry of title. 
 CompiUsory 32. It must be remembered that the Bill on which the Act of 1875 
 oriSuyin ^^® founded contained a clause making registration compulsory on 
 Lord Cairns' any sale of the fee simple, after the expiration of a certain period ; 
 withSwn, bi^t tli8,t this clause was deliberately withdrawn by Lord Cairns, 
 because of' because his lordship was satisfied by representations made to him 
 
 Liie addi- 
 tional 
 
 prevent a letter transmitted through the post from being conclusively relied upon 
 as a protection ; and it is not probable that persons would often hamper them- 
 selves with the necessity of obtaining the consent of third pajties to dispositions 
 of their jir^erty. 
 
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APPENDIX. 79 1 
 
 that registration would increase, rather than dirniuish, the expense of li^t"!" 
 transfer in small transactions. A clause was first inserted exempting wonid cause 
 sales below a certain value from its operation, and this was followed tJ^sa" 
 by the entire withdrawal of the compulsory provision. Now, if it be tions. 
 true, that registration would impede rather than facilitate the sale 
 of land in small lots, it would be an arbitraiy and unwarrantable 
 assumption that it would have a contrary effect as a general rule in 
 transactions of greater magnitude, and this being so, it is difficult to 
 believe that Parliament will throw on the country the burden of 
 establishing a system, the advantage of which to the public is so 
 doubtful. 
 
 33. But it will be asked, can nothing be done to diminish the whether 
 heavy expense attending the sale and purchase of laud 1 It may be S*be"done 
 answered, that certain expenses, e. g., auctioneer's fees and surveyor's t^" lessen tiio 
 charges, which form a large proportion of the total cost, would attending 
 have to be incurred under any system ; the stamp duties must also ^ot")!^^"^^^ 
 be paid to Government ; and the only saving proposed by registration 
 is in the item of legal expenses, in relation to the investigation of 
 title and conveyance. It is believed that judicious amendments of Suggestions 
 the law might do something to simplify titles, and thus diminish the SSril"™' 
 expense of investigation, and an attempt in this direction has been ^"jjj E™"*'^? 
 made by the Vendor and Purchaser Act, 1874. Lord Cranworth's be lutro^^ 
 Act also (23 & 24 Vict. c. 145) has had some effect in shortening "^""^""^ . 
 Settlements and Wills ; and that Act might be usefully amended in of'S"" 
 those respects in which it is considered defective, e. g., as regards the cranworth's 
 powers annexed to the office of mortgagees, and its principle might be 
 extended by enacting other statutory common forms. The wide Limitation 
 application given by the Courts to the doctrine of constructive doctrine of 
 notice is a frequent source of trouble and expense, and some limi- constructive 
 tation and more accurate definition of this doctrine is much needed. 
 And lastly, the plan of a general registration of assurances, as dis- 
 tinguished from a registration of title, although described during the 
 debates on the Land Transfer Bill as an obsolete notion, appears to us 
 to be well worthy of consideration. A registration of this kind could JJon of™' 
 be established at a comparatively small cost ; and if it were provided aasurances. 
 that no unregistered deed should affect purchasers or mortgagees, 
 whether they have notice of it or not, one of the principal reasons 
 which have impeded the usefulness of the local registries in Middlesex 
 and Yorkshire would be removed. 
 
 Other reforms might be introduced without the aid of Parliament. yJH*'*"*^ "' 
 The present system of abstracts of title might be reconsidered. If 
 there were a registration of assurances, printed oflSce copies of the 
 deeds delivered to the purchaser would avoid the necessity for pre- 
 paring an abstract, or for attendances and journeys to examine 
 deeds ; and now that solicitors are not restricted to a particular mode 
 of making their charges, their interests need be in no way prejudiced 
 by any reforms of this natm-e. 
 
 But it would be travelling beyond the object of this paper to pursue 
 this consideration any further. The only reason for referring to it is 
 to prevent its being supposed that the objections above expressed to 
 registration of title are accompanied by a feeling of entire satisfaction 
 with the present system. 
 
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792 
 
 (B.) 
 
 37 & 38 Vict. c. 78. 
 
 3T & 38 Vict. -An Act to Amend the Lam> of Vendor and Purcliaaer, and further to 
 c-'^8. simplify Tvtle to Land. [7th August, 1874.] 
 
 WhbeeAS it is expedient to facilitate the transfer of land by means of 
 certain amendments ia the law of vendor and purchaser : 
 
 Be it enacted hy the Queen's most Excellent Majesty, by and with the 
 
 advice and consent of the Lords Spiritual and Temporal, and Commons, in 
 
 this present Parliament assembled, and by the authority of the same, as 
 
 follows : 
 
 Forty years 1. In the completion of any contract of sale of land made after the thirty- 
 
 sutistitated fj-gt ^ay of December, one thousand eight hundred and seventy-four, and 
 
 years'aJthe subject to any stipulation to the contrary in the contract, forty years shall be 
 
 root of title, substituted as the period of commencement of title which a purchaser may 
 
 req[uire iu place of sixty years, the present period of such commencement ; 
 
 nevertheless earlier title than forty years may be required in oases simUax to 
 
 those in which earlier title than sixty years may now be required. 
 
 Bules for 2- I^ ^'^ completion of any such contract as aforesaid, and subject to any 
 
 regulating stipulation to the contrary in the contract, the obligations aad rights of 
 
 othgations yg^^or and purchaser shall be regulated by the following roles ; that is 
 
 vendor and to say, 
 
 purchaser. First. tTnder a contract to grant or assign a term of years, whether 
 derived or to be derived out of a freehold or leasehold estate, the 
 intended lessee or assign shall not be entitled to call for the title to 
 the freehold. 
 Second. Eecitals, statements, and descriptions of facts, matters, and 
 parties contained in deeds, instruments. Acts of Parliament, or statu- 
 tory declarations, twenty years old at the date of the contract, shall, 
 unless and except so far as they shall be proved to be inaocTirate, be 
 taken to be sufficient evidence of the truth of such facts, matters, and 
 descriptions. 
 Third. The inability of the vendor to furnish the purchaser with a legal 
 covenant to produce and furnish copies of documents of title shall 
 not be an objection to title in case the purchaser will, on the com- 
 pletion of the contract, have an equitable right to the production of 
 such documents. 
 Fourth. Such covenants for production as the purchaser can and 
 shall require shall be furnished at his expense, and the vendor shall 
 bear the expemse of perusal and execution on behalf of and by 
 himself, and on behalf of and by necessary parties other than the 
 purchaser. 
 Fifth. "Where the vendor retains any part of an estate to which any docu- 
 ments of title relate he shall be entitled to retara such documents. 
 Trustees ^' Trustees who are either vendors or purchasers may seU or buy without 
 
 may sell, &o., excluding the application of the second section of this Act. 
 ^^^' *■ '^^^ '^^Z^ personal representative of a mortgagee of a freehold estate, or 
 
 rules.™^ of ^ copyhold estate to which the mortgagee shall have been admitted, may. 
 Legal per- °^ payment of aU sums secured by the mortgage, convey or sun-ender the 
 sonal repre- mortgaged estate, whether the mortgage be in form an assurance subject to 
 sentative redemption, or an assurance upon trust, 
 may convey c /i. 7 j\ 
 legal estate "• (Repealed). 
 
 ofmort- 6. When any freehold or copyhold hereditament shall be vested in a 
 
 gaged pro- 
 perty. 
 
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APPENDIX. 793 
 
 married woman as a bare trustee, she may convey or snrrender the same as if 37 & 38 Vict. 
 she were a feme sole. - ! 
 
 7. (JRepeaUd). Married 
 
 8. Where the will of a testator devising land in Middlesex or Torkshire w??*>, 
 has not been registered within the period allowed by law in that behalf, an trosfee may 
 assurance of saoh land to a purchaser or mortgagee by the devisee or by some convey, 
 one deriving title under him shall, if registered before, taie precedence of and Non-regi3- 
 prevail over any assurance from the testator's heir-at-law. wlu'ln "' 
 
 9. A vendor or purchaser of real or leasehold estate in England, or their Middlesex, 
 representatives respectively, may at any time or times and from time to time *"'■> "}"!?'' 
 apply in a summary way to a judge of the Court of Chancery in England in cases. 
 chambers, in respect of any requisitions or objections, or any claim for com- „ , 
 pensation, or any other question arising out of or connected with the contract, purchaser 
 (not being a question affecting the existence or validity of the contract,) and ™»y obtain 
 the judge shall make such order upon the application as to him shall appear judge™ " 
 just, and shall order how and by whom all or any of the costs of and incident chambers 
 to the application shall be borne and paid. smons^o"' 
 
 A vendor or purchaser of real or leasehold estate in Ireland, or their repre- objections, 
 sentatives respectively, may in like manner and for the same purpose apply or compeu- 
 to a judge of the Com-t of Chancery in Ireland, and the judge shall make ^* ""'' "' 
 such order upon the application as to him shaU appear just, and shall order 
 how and by whom all or any of the costs of and incident to the application ^^°' "' 
 shall be borne and paid. 
 
 10. This Act shall not apply to Scotland, and may be cited as the Vendor 
 and Purchaser Act, 1874. 
 
 Sections 6 and 7 of the above Act are repealed by the Act 38 & 39 Vict. 
 o. 87, sects. 48 and 129. Sect. 48 is as follows : — 
 
 48. Section five of the Vendor and Purchaser Act, 1874, shall be repealed on Bare legal 
 and after the commencement of this Act, except as to anything duly done c?tate in fee 
 thereunder before the commencement of this Act ; and, instead thereof, be it vest in exe- 
 enacted, that upon the death of a bare trustee intestate as to any corporeal or cutor. 
 incorporeal hereditament of which such trustee was seised in fee simple, such 
 hereditament shall vest like a chattel real in the legal personal representative 
 from time to time of such trustee. 
 
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Digitized by Microsoft® 
 
INDEX TO THE DISSERTATIONS AND 
 NOTES. 
 
 ABSTRACT, 
 
 condition as to time for delivery of objections applies from the delivery 
 
 of a perfect, 11 
 delivery of, or payment of piirchase-money, not part performance of 
 
 agreement so as to take case out of Statute of Frauds, 78 
 proper commencement of title, 137 
 what, should state, 139 
 
 should equitable mortgages be abstracted, 139 
 purchaser should examine, with deeds, 139 
 evidence in verification of, 140, et seq. 
 to be furnished as to leaseholds, 143 
 
 renewable leaseholds, 143 
 
 satisfied terms, 144 
 
 copyholds, 144 
 
 crown lands and impropriate rectories, 144 
 
 advowsons, 145 
 
 life and reversionary interests intrust moneys, 145 
 custody of, 146 
 
 ACKNOWLEDGMENTS, 
 
 by married women, 183, 257 
 form of memorandum of, 183 
 
 certificate of the taking of, 184 
 when, dispensed with, 257 
 
 ADMISSION, 
 
 form of, to copyholds, 174 
 
 of joint tenants, 175 
 
 of tenants in common, 175 
 
 of tenant for life generally admission of remainderman, 175 
 
 on appointment of new trustees, 177 
 
 costs of surrender and, to copyholds, 205 
 
 where mortgagee must be admitted to transfer security, 696 
 
 ADVOWSONS, 
 
 as to arrangements on purchase of, that purchaser shall receive interest 
 
 on purchase-money until vacancy, 103 
 title to be famished as to, 145 
 observations on, 422, 423 
 
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796 INDEX TO THE DISSEKTATIONS AND NOTES. 
 
 AGENT, 
 
 for sale or purchase of property, cannot bind principal beyond autho- 
 rity given, 75 
 
 AGREEMENT, 
 
 for sale of land must be in writing, signed by party to be charged, or 
 his agent, 73 
 
 what property is land within meaning of Statute of Frauds, and what 
 not, 73, 74 
 
 what is a sufficient signing of, 75 
 
 when letters constitute, 76 
 
 notice by Company to treat, to what extent a contract, 77 
 
 part performance of, takes case out of Statute, 78 
 
 what is part performance, 78, 79 
 
 measure of damages on breach of, for sale, 82 
 
 stamps on, 84 
 
 as to the importance in certain cases of, in writing for loan on mort- 
 gage, 114 
 
 ALIEN, 
 
 purchases by, and devises to trustees for, prior to Naturalisation Act 
 
 1870, 190 
 capacity of, as to property under that Act, 190 
 enactments as to national status of married women and infant children, 
 
 191 
 
 ALLOTMENTS, 
 
 title which must be deduced to, under an award, 7 
 
 ANNUITIES, 
 
 otherwise than by marriage settlement must now be entered in Common 
 Pleas, 170 
 
 stamp on conveyance where consideration is, money payable periodi- 
 cally during any life or lives, 208 
 
 APPARENT POSSESSION, 
 what is, 733 
 
 what is necessary to take chattels out ol, of grantor, 737 
 cases on this subject, 737, 738 
 
 diflference between, in Bills of Sale Act, and order and disposition 
 clause under Bankruptcy Act, 747 
 
 APPORTIONMENT, 
 
 conditions as to, of rent on sale of part of estate subject to lease at 
 entire rent, 29 
 
 ASSIGNEE OR TRUSTEE OF BANKRUPT, 
 
 the real and personal estate of bankrupt vests in, by appointment 314 
 may execute powers vested in bankrupt, 314 
 may disclaim lease, and unprofitable contracts, 314 
 cannot remove tenant's fixtures after disclaimer, 315 
 
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INDEX TO THE DISSERTATIOKS AND NOTES. 797 
 
 ASSIGNEE OR TRUSTEE OP BANKRUPT.— coniinwei. 
 unregistered bill of sale void against, in bankruptcy, 745 
 proper mode of framing bill of sale so as to give best security against, 
 in bankjniptcy, 757 
 
 ATTESTED COPIES, 
 
 when purchaser entitled to, of deeds, 204 
 
 ATTORNMENT, 
 
 by mortgagee in possession, to secure interest, 659 
 
 AUCTION, 
 
 sales by, within Statute of Frauds, 76 
 
 AUCTIONEER, 
 
 entitled to receive deposit, but not remainder of purchase-money, 203 
 
 BANKRUPTCY ACTS, 
 provisions of the, 314 
 
 BANKRUPTCY, 
 
 trustee in, empowered to make appointment of bankrupt's copyholds, 
 314 
 
 sales to purchaser after act of, and before order of adjudication, 315 
 
 position of mortgagee on mortgagor's, 475 
 
 notice of assignment before, 501 
 
 personal chattels comprised in bill of sale duly registered under Bills 
 of Sale Act, 1878, not within order and disposition clause, 742 
 743 
 
 antenuptial settlement of personal chattels supported against hus- 
 band's, 746 
 
 order and disposition clause does not apply where possession is obtained 
 or demanded without notice between act of bankruptcy and adjudi- 
 cation, 748 
 
 order and disposition clause does not apply to goods retained in the 
 usual course of trade, 745 
 
 under what circumstances a biU of sale is an act of, 748, et seq, 
 
 BANKRUPT, 
 
 property of, vests in trustee on appointment, 314 
 
 powers vested in, may be exercised by trustee, 314 
 
 trustee may disclaim lease, and unprofitable contracts, 314 
 
 power of trustee to appoint copyholds of, 314 
 
 must hold goods \nth consent of true owner for goods to go to trustee, 
 747 
 
 when voluntary settlements made by, trader are void as against credi- 
 tors, 755, 756 
 
 BILL OF SALE, 
 
 Act of 1878 requires registration within seven days, 731 
 registration of, must be renewed every five years, 741 
 
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798 INDEX TO THE DISSERTATIONS AND NOTES. 
 
 BILL OP SALE— continued. 
 the modes of registering, 740 
 what is a, within the Act of 1878, 732 
 agreement for, is within this Act, 737 
 as to repeated renewals of, and the provision of this Act as to same, 
 
 739 
 as between two hills of sale of same chattels the one which is first 
 
 registered will have priority, 740 
 formalities to he observed in registering, under Act of 1S78, 742, 743 
 order and disposition clause does not apply when, is registered under 
 
 Act of 1878, 742, 745 
 under what circumstances a, is an act of bankruptcy, 748, et seq. 
 proper mode of framing a, 757 
 how' to frame a, so as to include after-acquired effects, 758, 759 
 
 BUILDING SOCIETY, 
 
 may now obtain a certificate of incorporation, 604 
 
 may invest its funds in real or leasehold or other specified securities, 
 
 601 
 provisions of, Act, 604, 715 
 
 CHARGES OF DEBTS, 
 
 power of devisees in trust, executors, and beneficial devisee respectively, 
 under, 323 
 
 CHARITY, 
 
 requisitions of conveyance of land to, 193 
 
 CHOSE IN ACTION, 
 
 assignment of debt or other legal, effectual to pass legal right if notice 
 
 is given to debtor, &c., 414, 497, 499 
 consequence of not giving notice on assignment of, 497, 499 
 things in action not goods and chattels within order and disposition, 
 
 501 
 
 CONDITIONS OF SALE, 
 
 proper stipulations in, 2 
 
 construction of, as to title, 3, 4 
 
 written or printed, cannot be verbally varied, 29 
 
 as to time for delivery of objections, 11 
 
 as to timber, 29 
 
 effect of, for payment of interest on purchase-money if purchase is de- 
 layed, 15 
 
 when necessary, for negativing right of purchaser to call for lessor's 
 title, 5 
 
 on sale of renewable leaseholds, 5 
 an estate held on lives, 7 
 an underlease, 6 
 
 as to rescinding the contract, 12 
 
 as to apportionment of rent on sale of part of an estate subject to a 
 lease at an entire rent, 29 
 
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INDEX TO THE DISSERTATIONS AND NOTES. 799 
 
 CONDITIONS OF SALE-continued. 
 
 construction of, that misdescription shall not annul sale, but shall be 
 
 subject for compensation, 17, et seq.' 
 who entitled to custody of title deeds on sale of estate in lots in 
 
 absence of, 10 
 proper, on sale of property subject to incumbrances, 8 
 proper, on sale by trustees, 30 
 no reliance should be placed by vendor on statements made at the 
 
 sale, 30 
 what conditions necessary when title registered under Land Transfer 
 
 Act, 31 
 observations on, excluding compensation for misdescription, 35 
 the condition as to interest, 86 
 
 CONTINGENT ESTATES, 
 
 disposition and failure of, 401 
 
 the present law as to, when particular estate determines before contin - 
 gent remainder vests, 401 
 
 CONTRACT, 
 
 conditions of sale as to rescinding, 12 
 
 time may be made essence of, 14 
 
 what is a misdescription which will entitle purchaser to rescind the, 23 
 
 should contain name of vendor, 37 
 
 consequence of, 79, 83, 84 
 
 purchaser liable to loss and entitled to benefit happening after, 79 
 
 position of vendor and purchaser after, 79 
 
 damages on breach of, for sale, 82 
 
 effect of bankruptcy of purchaser after, 83 
 
 effect of death of either party after, 83 
 
 effect of, on devise, 83 
 
 effect of judgments after, for sale, 139 
 
 by infants, 188 
 
 CONVEYANCE, 
 
 ordinary parts of a deed of, 194 
 
 execution o^ and receipt for purchase-money, 203 
 
 costs of, 205 
 
 stamps on, 207 
 
 who are proper parties to, on a sale under a decree, 376 
 
 COPYHOLDS, 
 
 what title must be deduced to enfranchised, 7 
 
 abstract of title to, 144 
 
 usual mode of alienating, 174 
 
 form of admission to, 174 
 
 fines payable on admission to, 175, e< seq. 
 
 surrender may be made in Court or out of Court,, 174 
 
 purchase of, by corporation, 174 
 
 owner of legal estate in, real tenant, 175 J 
 
 Digitized by Microsoft® 
 
800 INDEX TO THE DISSERTATIONS AND NOTES. 
 
 COVYHOLBS—cmtinued. 
 
 admission of joint tenants to, 175 
 
 tenants in common, 175 
 
 admission of tenant for life generally admission of remainderman, 175 
 
 admission on appointment of new trustees of, 177 
 
 equitable interest in, may be assigned by deed, 178 
 
 leases of, 178 
 
 what amounts to forfeiture of, 178 
 
 when widow is entitled to freebench, 178 
 
 how the widow's right to freebench may be defeated, 179 
 
 when testator intends immediate sale of, trustees should be directed 
 to sell, and copyholds should not be devised to them for this pur- 
 pose, 179 
 
 enfranchisement of, 179, 180, 181 
 
 lord, though his interest ia limited, can accept surrenders and make 
 grants, 179 
 
 Dower Act does not extend to, or to freebench, 224 
 
 cost of surrender of, and admission to, 205 
 
 lord cannot be compelled to accept surrender to such uses as purchaser 
 shall appoint, 231 
 
 trustee in bankruptcy empowered to appoint bankrupts' copyholds, 314 
 
 proper form of mortgage of, 460 
 
 transfer of mortgage of, when concurrence of mortgagor can and cannot 
 be obtained, 696 
 
 construction of bill of sale of fixtures when attached to, 736 
 
 CORPORATION, 
 
 cannot hold land except by licence or under statutory powers, 193 
 
 COVENANT, 
 
 form of, for title, 195 
 
 operation of, for title, 195 
 
 usual, on sale by trustees, 195 
 
 what covenants are entered into by tenant for life when power of sale 
 
 is exercised with his assent, 196 
 better opinion that cestuis que trust of proceeds of sale cannot be 
 
 required to covenant for title, 196 
 by husband on sale of wife's estate, 196 
 for further assurance, 196 
 what are the usual, for title, 197 
 
 restrictive covenants by purchaser, and their operation, 197 igg 
 when, does and does not run with the land, 198 
 when purchaser must, with vendor, 199 
 
 for production of deeds, 199 
 when purchaser entitled to, for production of deeds, 204 
 expense of, for production now to be borne by purchaser 9 
 stamp on separate deed of, 210 
 
 when, for production of deeds should be by separate deed 445 
 actions on, by mortgagee, 479 
 in mortgage to insure against fire, 464 
 
 Digitized by Microsoft® 
 
INDEX TO THE DISSERTATIONS AND NOTES, 801 
 
 COVENANTS FOR TITLE, 
 form of, 195 
 what are the usual, for title, 197 
 
 CRANWORTH'S, LORD, ACT, 
 
 provisions of, as to mortgages, 504 
 
 general objections to making use of statutory power, 505 
 
 inconvenience of provisions as to notice, 505, 506 
 
 incompleteness of statutory power to insure, 506 
 
 advantage conferred by, on mortgagee, as to appointment of receiver, 
 
 606 
 course recommended as to, 507 
 
 CROWN DEBTS, 
 
 when they become a charge on the land, 166 
 provision for registration of, 166 
 provision for re-registration of, 167 
 effect of notice as to, 167 
 provisions of 28 & 29 Vict. c. 104, 168 
 
 CUSTOMARY FREEHOLDS, 
 
 how they are held and how they pass, 181 
 
 DEEDS, 
 
 who entitled to custody of, on sale of estate in lots, 10 
 
 expense of journeys, &c., for examination of, and verification of 
 
 abstract, 9 
 right of purchaser to inspect ancient, 138 
 proof of enrolled, 142 
 proof of execution of, by attorney, 143 
 penalty for concealing, 146 
 
 when purchaser must covenant for production of, 200 
 relating solely to property sold must be delivered to purchaser, 204 
 rule when, relate to other property also, 204 
 purchaser entitled to attested copies of, not delivered to him, 204 
 expense of covenants for production of, now to be borne by purchaser, 9 
 production of, by mortgagee, 205 
 
 joint tenant, &c., holding, bound to produce them to co-tenants, 205 
 when covenant for production ot^ should be by separate instrument, 
 
 445 
 consequence to mortgagee of not inquiring for, 494 
 what constitutes negligence as to, 495 
 
 DEPOSIT, 
 
 payment of, by purchaser, 28 
 
 when provision should be made for investment of, 29 
 
 equitable mortgage by, of deeds, 466 
 
 effect of security by, 466 
 
 effect of, of lease, 467 
 
 mortgage of leaseholds by, carries fixtures, 728 
 
 VOL. I. 3 F 
 
 Digitized by Microsoft® 
 
802 INDEX TO THE DISSEIITATIONS AND NOTES. 
 
 DEVISE, 
 
 effect of contract on, 83 
 
 DOWEE, 
 
 as to propriety of inserting declaration against, 219 
 
 where widow entitled to, under old law, 223 
 
 proyisions of, Act, 223, 224 
 
 what constitutes title to, 224 
 
 when property should be limited to uses to bar, 224 
 
 Fry V. Noble, 224 
 
 Act applies to gavelkind lands, but not to copyholds or freebench, 224 
 
 DUPLICATES, 
 stamps on, 211 
 
 ENFKANCHISEMENT, 
 of copyholds, 179 
 Acts for, of copyholds, 180, 181 
 
 ESTATES POUR AUTEE VIE, 
 
 can be limited to grantee and his heirs or to him and his executors, 
 
 245 
 in either case would be assets for payment of debts, 245 
 
 EVIDENCE, 
 
 fraud, mistake, or surprise, grounds for receiving parol, in defence to 
 
 specific performance, 29 
 in verification of abstract as to births, &c., 140 
 
 descent, 140 
 failure of issue, 140 
 wills, 140 
 fine and recovery, 140, 141 
 insolvency and bankruptcy, 142 
 identity, 142 
 land tax, 142 
 intestacy, 142 
 destroyed deeds, 143 
 what amounts to presumption of death, 140 
 
 EXCHANGE, 
 
 what title must be deduced to lands taken in, 8 
 proper form of private, 403 
 under Inclosure Acts, 403 
 
 EXECUTOE, 
 
 may mortgage assets, and give mortgagee power of sale 486 
 having assigned lease to purchaser may distribute assets, 241 
 
 EXPENSE, 
 
 of journeys, &c., for examination of deeds in verification of abstrdct 9 
 of getting in incumbrances, 206 
 
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INDEX TO THE DISSERTATIONS AND NOTES. 803 
 
 FEOFFMENT, 
 
 ancient mode of conveyance by, 173 
 
 FIXTURES, 
 
 conveyance or mortgage of land carries, 728 
 
 equitable mortgage of leaseholds by deposit, carries, 728 
 
 right to, as between landlord and tenant, 729 
 
 heirs and executor, 729 
 what are not, 729 
 
 not deemed to be separately assigned where land passes by same instru- 
 ment, 734 
 result of decisions on Bills of Sale Act of 1854 as to, 734 
 effect of Bills of Sale Act of 1878 as to, 735, 736 
 
 FORFEITURE, 
 
 what amounts to, of copyholds, 178 
 
 FRAUDULENT PREFERENCE, 
 what constitutes, 753 et seq. 
 
 FREEBENCH, 
 
 when widow is entitled to, 178 
 
 GRANT, 
 
 corporeal as well as incorporeal hereditaments now lie in, 173 
 
 GROWING CROPS, 
 
 when assigned separately are within the Bills of Sal e Act, 1878, 733 
 not deemed to be separately assigned when the land passes by same- 
 instrument, 734 
 effect of Bills of Sale Acts as to, 735, 736 
 
 HUSBAND, 
 
 ante-nuptial settlement of personal chattels supported agairst bank 
 ruptcy of, 746 
 
 IDENTITY, 
 
 evidence of, 10 
 
 INFANT, 
 
 cannot enter into any contract or sustain a suit for specific perform- 
 ance, 188 
 contracts of, however, only voidable if other party of full age, 188 
 
 INQUIRIES, 
 
 consequence to mortgagee of not inquiring as to deeds, 494 
 
 3 If 2 
 
 Digitized by Microsoft® 
 
804 INDEX TO THE DISSERTATIONS AND NOTES. 
 
 INSURE, 
 
 covenants to, 464 
 
 power in Lord Cranworth's Act to, incomplete, 506 
 
 INTEREST, 
 
 effect of condition as to payment of, on purchase-money, 15 
 what arrears of, can be recovered by mortgagee, 479 
 observations on the condition as to, 86 
 
 ■JOINT TENANTS, 
 
 fine payable by, on admittance to copyholds, 175 
 when purchasers take as, 200 
 
 JUDGMENTS, 
 
 effect of, on land prior to Act 1 & 2 Vict. c. 110, 150 
 
 operation of, at law and in equity under the Statutes of Vict., 151 et sec[. 
 
 effect of, against tenant in tail and donee of power, 152 
 
 after contract for sale, 159 
 do not affect a prior voluntary settlement, 153 
 not a charge on "ecclesiastical Uvings, 153 
 decrees, &c., have effect of, 159 
 
 provisions for registration and re-registration of, 153 et seq. 
 against mortgagee, 156 
 
 construction of the Act providing for the suing out execution on, and 
 putting same in force within three months, 156 
 of the 27 & 28 Vict. c. 112, as to, 157, 158 
 result of enactments as to, stated in seven propositions, 159 et seq. 
 what searches should be made for, 161 
 where land is in a register county, 162, 163 
 
 how far registration necessary to preserve priority of, in administra- 
 tion of debtor's assets, and how it ranks when registered and when 
 not registered, 164, 165 
 JUDGMENT CREDITORS, 
 nature of right of, 152 
 priority of, as between themselves, 159, 163 
 doctrine of notice does not apply as between, 164 
 JUDICATURE ACT, 1873, 
 
 tenant for life, sans waste, has no legal right to commit equitable waste, 
 
 308 
 assignment of bond debt, or other legal chose in action, passes legal 
 
 right if notice is given to debtor, &c., 414, 497, 499, 501 
 suits for possession of lands by mortgagees, 478 
 
 LANDS CLAUSES CONSOLIDATION ACT, 
 
 sales under, 343 
 
 by the, costs of conveyance and of deducing title are thrown on 
 company, 343 
 
 provisions of, in reference to purchase of lands and sale of super- 
 fluous lands, 344 
 
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INDEX TO THE DISSERTATIONS AND NOTES, 805 
 
 LAND TAX, 
 
 evidence of discharge of, 142 
 
 LAND TRANSFER ACT, 1875, 
 
 what conditions necessary where title is registered under, 31 
 mortgages of registered land under, 465, 510 
 effect of deposit of land certificate, &c., under, 467 
 ohservations on, 783 
 
 LEASE, 
 
 effect on the conditions of re-entry of a sale in lots of property subject 
 
 to lease at entire rent, 47 
 of copyholds, 178 
 
 executor having assigned, to purchaser may distribute assets, 241 
 effect of deposit of, 467 
 mortgagor with power of leasing, 471 
 of personal chattels to trader becoming bankrupt, 746 
 
 LEASE AND RELEASE, 
 
 origin and reason of this mode of conve5-ance, 173 
 
 LEASEHOLDS, 
 
 old rule as to production of lessor's title, 5 
 
 new rule as to, 5 
 
 proper conditions on sale of, renewable leaseholds, and underlease, 
 
 5,6 
 underlease should be sold as such, 6 
 abstract of title to, 143 
 husband's interest in, of his wife, 186 
 when purchaser of, bound to covenant to indemnify vendor against 
 
 rent and covenants, 236 
 power of trustee to disclaim, of bankrupt, 314 
 on purchase of, from trustee of bankrupt, purchaser not bound to 
 
 covenant for payment of rent and observance of covenants in lease, 
 
 320 
 assignments of, and surrenders required to be in writing, must be by 
 
 deed, 412 
 effect of such assignments when under hand only, 412 
 usual form of mortgage of, 461 
 when renewable, made subject of mortgage, mortgage should contain 
 
 covenant to renew, 546 
 
 LEASES AND SALES OF SETTLED ESTATES ACT, 
 provisions of, as to sales under, 378 
 
 LETTERS, 
 
 when, constitute agreement, 76 
 
 LIEN ON UNPAID PURCHASE-MONEY, 
 
 Locke King's Act applies to, where estate is devised, 83, 484 
 
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806 INDEX TO THE DISSERTATIONS AND NOTES. 
 
 LIS PENDENS, 
 what it is, 169 
 suit must be pending, 169 
 
 purchaser only bounfl. by rights aflfeoting the estate, 169 
 must be registered, 170 
 
 LUNATICS, 
 
 cannot dispose of property, 188 
 
 MARRIED "WOMAN, 
 
 disposition by, of her interests in land and the proceeds of land, 182 
 
 as to her power of disposing of reversionary interests in personalty, 183 
 
 acknowledgments by, how to be made, 183 
 
 as to disposition of copyholds of, 185 
 
 husband's interest in his wife's chattels real, 18G 
 
 effect of appointment by, 187 
 
 property settled to separate use of, may be disposed of by her as to 
 
 equitable estate, 186 
 provisions of Married Women's Property Act, 1870, as to property of, 187 
 purchases by, 188 
 
 covenants by husband on sale of wife's estate, 196 
 reservation of equity of redemption of lands of, 462 
 can convey legal estate, vested in her as hare trustee, as feme sole, 792 
 
 MINES, 
 
 exception of, leaves grantor in ownership of them as separate tene- 
 ment, 371 
 right of owner to support from adjacent, 371 
 
 MISDESCRIPTION, 
 
 construction of condition that, shaU not annul the sale, 17 
 what is a, which will entitle a purchaser to compensation, 17 
 instances of cases where purchaser has been held entitled to compensa- 
 tion on, 22 
 what is a, which entitles a purchaser to rescind the contract, 23 
 in what cases of, vendor can obtain compensation from purchaser 
 
 24, 25 
 observations on conditions excluding compensation for, 35 
 
 MORTGAGE, 
 
 as to the importance in certain cases af agreements in writing for loan 
 
 on, 114 
 should equitable, be abstracted, 139 
 present usual form of, 460 
 form of, of copyholds, 460 
 leaseholds, 461 
 effect of reservation in, of right of redemption to different uses 461 
 reservation of equity of redemption of wife's lands, 462 
 provisions for reducing rate of interest on punctual payment, 463 
 continuing loan, 463 
 
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INDEX TO THE DISSERTATIONS AND NOTES. 807 
 
 MOETGAQE— continued. 
 covenants for title in, 463 
 
 to insure against fire in, 464 
 under Land Transfer Act, 465 
 equitable, by deposit of deeds, 466 
 effect of delivering deeds to prepare, 466 
 consequence of non-payment of, debt at appointed time, 467 
 tacking one, to another, 468 
 
 other debts to, 468 
 persons entitled to redeem, 469 
 
 forfeiture of equity of redemption if mortgagor makes second, con- 
 cealing first, 470 
 to whom power of sale in, should be given, 472 
 construction of powers of sale in, 473, 474 
 exercise of these powers, 475 
 who entitled to surplus moneys arising from sales under these 
 
 powers, 518 
 proper form of provision in, as to notice, 473 
 until recent Act personal estate primary security for payment of, 
 
 debt, 481 
 with certain exceptions to rule, 481 
 recent Act makes land primary security for, unless document declares 
 
 contrary intention, 482 
 construction of this Act, 483, 484 
 30 & 31 Vict. c. 69, 484 
 
 primary liability of husband on, of wife's land, 485 
 preparation of, under power, 485 
 
 does power to, authorise a power of sale in case of default, 485 
 how far protection of legal estate applies to transferee of, 490 
 on, to secure sum and future advances, mortgagee could not safely 
 
 make advance after notice of second mortgage, 493 
 risk attending a second, 498 
 
 precautions to be taken by persons lending on second, 499 
 on, of personalty, notice should be given to all existing trustees, 502 
 effect of notice to assignor being himself a trustee, 502 
 provisions of Lord Cranworth's Act as to, 504 
 objections as to use of statutory power, 504, 505 
 of registered land, 510 
 stamps on, 510 
 
 transfer of mortgages, 511 
 reconveyances of, 511 
 when renewable leaseholds made subject of, mortgage should contain 
 
 covenant by mortgagor to renew, 546 
 what provisions, of policy should contain, 573 
 what generally is best aiTangement where part of purchase-money is 
 
 retained on, of purchased property, 589 
 who should be parties to, of land under trusts to raise portions, 616 
 convenient plan on, of railway shares, 656 
 observations on transfer of, 507 et sc/. 
 
 Digitized by Microsoft® 
 
808 INDEX TO THE DISSERTATIONS AND NOTES. 
 
 UOWTQAGE— continued. 
 
 moitgagor should be made party to tranBfer of, 687 
 mode of preparing transfer of, 692 
 
 transfer of, of copyliolds when concurrence of mortgagor cannot be 
 
 obtained, 696 
 can be ob- 
 tained, 696 
 
 MORTGAGEE, 
 
 judgments against, 156 
 
 cases in which personal representatives of, can convey legal estate, 
 
 274, 509 
 production of deeds by, 205 
 entitled to six months' notice, 463 
 tacking as between mortgagor and, 468 
 remedies of, 471 
 
 position of, on bankruptcy of mortgagor, 475 
 action on covenant by, 476 
 may pursue his remedies simultaneously, 476 
 in possession, must accoimt to mortgagor, 476 
 
 ' will be allowed for necessary repairs, 477 
 cannot alone grant binding leases, 477 
 how rents to be applied by, in possession, 477 
 
 effect of Statutes of Limitation 'as between mortgagor and, 478 et seq. 
 what arrears of interest can be recovered by, 479 
 .executor may give power of sale to, 486 
 priority of, may be lost by laches, 494 
 conseq^uence to, of not inquiring for deeds, 494 
 advantage conferred on, by Lord Oranworth's Act as to power to 
 
 appoint receiver, 506 
 cases in which personal representative of, can convey legal estate, 
 
 274, 509 
 best mode of conferring on, power to distrain, 559 
 sham rent in attornment clause not supported, 560 
 
 MORTGAGOR, 
 
 tacking as between, and mortgagee, 468 
 
 forfeiture of equity of redemption if, makes second mortgage concealing 
 
 first, 470 
 position of mortgagee on bankruptcy of, 475 
 
 effect of Statutes of Limitation as between, and mortgagee, 478 et seq. 
 when, is in possession mortgagee should have power of distress, 559 
 should be made party to transfer of mortgage, 687 
 
 NOTICE, 
 
 purchaser not affected by judgment not registered within five years 
 though he may have, 155 
 
 purchasers without, not aifected by Statutes of Vict, as to judg- 
 ments, 154 
 
 Digitized by Microsoft® 
 
INDEX TO THE DlSSEPwTATIONS AND NOTES. 809 
 
 NOTlCE—continued. 
 
 doctrme of, does not apply as between judgment creditors, 164 
 
 eflfect of, as to crown debts, 167 
 
 on, being given of assignment to debtor, legal right to bond will pass 
 
 to purchaser, 414 
 of assignment before bankruptcy, 501 
 inquiries as to, received by legal holder, on sale or mortgage of chose 
 
 in action, 500 
 usual, to exercise power of sale in mortgage, 473 
 proper form of provision as to, to exercise this power, 473 
 purchaser without, may protect himself against trusts, &c., by legal 
 
 estate, 487 
 some cases to which this rule applies, 488 
 purchaser taking legal estate from express trustee with, not protected, 
 
 489 
 actual and constructive, 493 
 to solicitor notice to client, in certain cases, 494 
 consequence of not giving, in assignments of choaes in action, 497 
 of mortgages of personalty, should be given to aU existing trustees, 
 
 499, 502 
 effect of notice to assignor being himself a trustee, 502 
 on sub-mortgage of policy, 503 
 
 inconvenience of provisions in Lord Cranworth's Act, as to, 504 
 on transfer of mortgage debt by debtor, power of attorney not necessary 
 
 if, is given to mortgagor, 688 
 
 PALATINE COURT, 
 
 as to judgments obtained in, and searches when property is in palatine 
 county, 171 
 
 PARTITION, 
 
 may be eflfected by Court of Chancery or by application to Inclosurc 
 
 Commissioners, 384, 405 
 Act providing machinery for securing sale of estates held in joint 
 tenancy or tenancy in common, 384 
 
 PARTNERS, 
 
 purchase by, 200 
 
 PERSONAL CHATTELS, 
 modes of transfer of, 127 
 Act of 1878 requires biUs of sale of, to be registered within seven days, 
 
 731 
 what expression " personal chattels " in the Act of 1878 will include, 
 
 732 
 possession of, carries presumption of ownership, 730 
 when order and disposition clause of Bankruptcy Act applied to bills 
 
 of sale before Act of 1878, 730, 731 
 what is necessary to take, oitt of apparent possession of owner, 
 
 737, 738 
 
 Digitized by Microsoft® 
 
810 INDEX TO THE DISSERTATIONS AND NOTES. 
 
 PERSONAL CHATTELS— coniwwed. 
 cases on this subject, 737, 738 
 mode of registering bills of sale of, 740 
 
 ante-nuptial settlement of, supported against husband's bankruptcy, 746 
 as to post-nuptial settlements of, 747 
 proper mode of framing bill of sale of, 757 
 how to frame a bill of sale so as to extend to after-acquired, 758, 759' 
 
 POLICY OP ASSUKANCE, 
 
 evidence on purchase of, 146 
 
 when assignee of Ufe, can sue in his own name, 420 
 
 what notice should be given on sub-mortgage of, 503 
 
 what provisions mortgage of, should contain, 573 
 
 sometimes the giving notice before selling a mortgaged, may be ob- 
 jected to, 574 
 POWEB, 
 
 as to due execution and attestation of, 141 
 
 effect of judgment against donee of, 151, 152 
 
 trustee may execute, vested in bankrupt, 314 
 
 of sale and exchange, when affected by disposition of estate of tenant 
 for life, -307 
 
 how consent should be given to exercise of power of sale and exchange, 
 308 
 
 of sale in mortgage, and to whom it should be given, 472 
 
 construction of powers of sale in mortgage, 473, 474 
 
 proper Jorm of provision as to notice to exercise, of sale in a mort- 
 gage, 474 
 
 what is an oppressive exercise of a, of sale, 474 
 
 mortgages under, 485 
 
 does, to mortgage authorise a power of sale in case of default, 485 
 
 of sale under Lord Cranworth's Act, not equal to ordinary power, 504 
 PURCHASE DEEDS, 
 
 proper recitals in, 194 
 
 stamps on, 207 
 
 cannot be given in evidence until duly stamped, 211 
 PURCHASE MONEY, 
 
 effect of condition for payment of interest on, 15 
 
 who can give receipt for, 203 
 PURCHASER, 
 
 entitled to official copies of wills and records to examine abstract with 
 originals, 8 
 
 expense of production and covenant for production of deeds generally 
 thrown on, 9 
 
 what is a misdescription which will entitle, to rescind contract, 23 
 
 in what cases of misdescription vendor can claim compensation from, 26 
 
 vendor or, can obtain opinion of judge in chambers, 31 
 
 is owner from date of contract, 79 
 
 is entitled to benefit and subject to loss happening after date of con- 
 tract, 79 
 
 Digitized by Microsoft® 
 
INDEX TO THE DISSERTATIONS AND NOTES. 811 
 
 PUECHASER— contmueti. 
 
 doubtful title will not be forced on, 81 
 
 of reversion must pay succession duty, 98 
 
 as to arrangements on purchase of advowson that, shall receive interest 
 on purchase-money until vacancy, 103 
 
 right of, to inspect ancient deeds, 138 
 
 should examine abstract with deeds, 139 
 
 with notice, of land in register county when bound by unregistered 
 deed, 149 
 
 with notice, not affected by judgment not duly registered, 155 
 
 without notice not affected by statutes of Vict., 154 
 
 provisions' of 23 & 24 Vict. c. 38, as to judgments entered up subse- 
 c[uently to 23 July, 1860, 156 
 
 provisions of 27 & 28 Vict. c. 112, 157 
 
 proper searches by, for judgments, 161, 163 
 Crown debts, 168 
 lis pendens, 171 
 annuities, 171 
 
 restrictive covenants by, 197 
 
 when, must covenant with vendor, 199 
 
 when, must covenant for production of deeds, 199 
 
 effect when purchasers advance purchase-money in different propor- 
 tions, 200 
 
 purchase in name of third person, 200 
 
 purchaser and third person, 201 
 
 when, entitled to attested copies of deeds, 204 
 covenant for production, 204 
 
 must pay expense of preparation of conveyance, 205 
 
 must bear expense of surrender and admittance, on sale of copyholds, 
 S05 
 
 when land should be limited to, to uses to bar dower, 224 
 
 when, of leaseholds bound to covenant to indemnify vendor against 
 rent and covenants, 236 
 
 sales to, after act of bankruptcy, 315 
 
 on purchase of leaseholds from trustee of bankrupt, not bound to cove- 
 nant for payment of rent and observance of covenants in lease, 320 
 
 on notice being given of assignment to debtor, legal right to bond will 
 pass to, 414 
 
 need make no inq[uiry on purchase under a power of sale in mortgage 
 if provision as to notice properly drawn, 474 
 
 without notice may protect himself against trusts, &c., by legal estate, 
 487 
 
 taking legal estate from express trustee with notice not protected, 489 
 
 PURCHASES, 
 
 by married women, 188 
 
 by solicitors from their clients, 189 
 
 who must bear expense of getting in incumbrances on a purchase, 206 
 
 Digitized by Microsoft® 
 
812 INDEX TO THE DISSERTATIONS AND NOTES. 
 
 RECITALS, 
 
 in a purchase deed, 194, 
 
 Vendor and Purchaser Act, 1874, makes recitals in documents twenty- 
 years old evidence, 2, 33, 792 
 
 RECONVEYANCES, 
 
 observations on, 508, 509 
 stamps on, 511 
 
 REGISTER COUNTY, 
 
 registry of documents in, 147, 148 
 to what property Registry Acts do not extend, 149 
 purchasers with notice, of property in, bound by unregistered deed, 149 
 what searches should be made, where land is in, 148, 150 
 effect of judgments where land is in, 163 
 REGISTRATION, 
 
 provisions for the, of judgments, 153 et seq. 
 
 provisions for the re-registration of judgments, 154 et seq. 
 
 priority of judgment creditors depends on order of, 159 
 
 how far, necessary to preserve priority of judgments in administration 
 
 of debtor's assets, 164, 165 
 provisions for, of crown debts, 166 
 provisions for re-registration of crown debts, 167 
 provisions for, of lis pendens, 170 
 
 annuities, 170 
 provisions of Act of 1878 for, of bills of sale, 740 et seq. 
 bills of sale must be re-registered every five years, 741 
 when mortgage of fixtures or growing crops requires registration and 
 
 when not, 734, 735, 736 
 mode of registering bills of sale, 740 
 
 formalities to be observed under the BUls of SaleRegistration Act, 742, 
 743 
 RESCINDING CONTRACT, 
 
 conditions of sale as to, 12 
 REVERSIONARY INTERESTS, 
 
 sale of, in real or personal estate, not now set aside on ground of under- 
 value, 331 
 
 SALE AND EXCHANGE, 
 
 powers of, how affected by disposition of estate of tenant for life, 307 
 SATISFIED TERMS, 
 
 Act for dispensing with assignment of, 202 
 
 purchaser must see that term is satisfied, 202 
 SCHOOL BOARDS, 
 
 powers of, to purchase, &c., 443 
 SEARCHES, 
 
 for judgments, 161 
 
 what, should be made when land is in register county, 162 
 
 for Crown debts, 168 
 
 Digitized by Microsoft® 
 
INDEX TO THE DISSERTATIOKS AND NOTES. 813 
 
 HEARCRES— continued. 
 
 for lis pendens and annuities, 171 
 
 in palatine county, 171 
 
 in Bankruptcy Court, 171 
 
 solicitor should not omit, 171 
 
 for rent charges under Improvement of Land Act, 1864, 172 
 
 SETTLED ESTATES ACT, 1877 
 provisioils of, as to sales, &c., 378 
 
 SETTLEMENT, 
 
 voluntary, not affected by subsequent judgment, 153 
 of personal chattels, 746, 747 
 
 SOLICITOR, 
 
 should not omit to make usual searches, 171 
 
 purchases by, from his client, 189 
 
 testamentary gifts to, 190 
 
 the law as to gifts inter vivos to, 190 
 
 notice to, notice to client in certain cases, 494 
 
 STAMP, 
 
 on agreements, 84 
 
 on purchase deeds, 207 
 
 on duplicates, 21 
 
 on separate deed of covenant, 210 
 
 what is a sale of property within meaning of Stamp Act, 212 
 
 on vesting orders,. 214 
 
 commissioners are empowered to determine duty, 212 
 
 on mortgages, 510 
 
 on transfers of mortgages, 511 
 
 on reconveyances of mortgages, 511 
 
 STATUTES, 
 27 Hen. 8, c. 16 (Bargains and Sales — Enrolment), 173 
 13 Eliz. c. 4 (Accountants — Crown), 167 
 13 Eliz. c. 5 (Fraudulent Conveyances), 730, 744 
 31 Eliz. c. 6 (Simony), 103 
 29 Car. 2, c. 3 (Statute of Frauds), 713, et seq. 
 
 4 & 5 W. & M. c. 16 (Fraudulent Mortgage), 470 
 2 & 3 Anne, c. 4 (West Riding Registry), 147 
 
 5 Anne, c. 18 (West Riding Registry), 162 
 
 6 Anne, c. 35 (East Riding and HuU Registry), 147, 162 
 
 7 Anne, c. 20 (Middlesex Eegistry), 147 
 
 12 Anne, st. 2, c. 12 (Next Presentations), 422 
 
 8 Geo. 2, c. 6 (North Riding Registry), 147, 162 
 
 9 Geo. 2, c. 36 (Charities), 194 
 
 38 Geo. 3, c. 60 (Land Tax Redemption), 142 
 42 Geo. 3, c. 116 (Land Tax Redemption), 142 
 9 Geo. 4, c. 94 (Benefices — Resignation), 423 
 1 Wm. 4, c. 65 (Copyholds), 177 
 1 & 2 Wm. 4, c. 56 (Bankrupts), 142 
 
 Digitized by Microsoft® 
 
814 INDEX TO THE DISSERTATIONS AND IjTOTES. 
 
 STATUTES— cowtiMted. 
 
 3 & 4 Wm. 4, c. 27 (Limitations of Actions), 145,224,' 478, 479,480,481 
 
 3 & 4 Wm. 4, c. 42 (Limitations of Actions — Acknowledgments), 479 
 
 3 & 4 Wm. 4, c. 74 (fines and Recoveries), 182, 183, 257, 262, 6p8 
 
 3 & 4 Wm. 4, c. 105 (Dower), 223 
 
 6 & 7 Wm. 4, c. 32 (Building Societies), 604 
 
 6 & 7 Wm. 4, c. 71 (Tithe Commiitation), 426 
 
 6 & 7 Wm. 4, c. 86 (Register— Births), 140 
 
 1 Vict. c. 22 (Register), 140 
 
 1 Vict. c. 26 CWiUs) 245 
 
 1 Vict. c. 28 (Limitations — Mortgages), 478 
 
 1 & 2 Vict. c. 64 (Tithes— Merger), 151, 426 
 
 1 & 2 Vict. c. 110 (Abolition of Arrest— Judgment), 142, 154 
 
 2 & 3 Vict. c. 11 (Judgments — Crown Debts — Us pendens — Re-registra- 
 tion), 154, 155, 165, 166, 170 - 
 
 2 & 3 Vict. c. 62 (Tithes— Glebe— Merger), 426 
 
 3 & 4 Vict. c. 82 (Judgments — Registration — Notice), 155 
 3 & 4 Vict. c. 92 (Non-Parochial Registers), 140 
 
 3 & 4 Vict. c. 105 (Judgments— Ireland), 166 
 
 4 & 5 Vict. c. 21 (Lease and Release), 141, 173 
 
 4 & 5 Vict. c. 35 (Voluntary Enfranchisement — Copyholds), 174, 180, 
 181 
 
 4 & 5 Vict. c. 38 (Sites for Schools), 194 
 
 5 & 6 Vict. c. 116 (Insolvency), 142 , 
 
 7 & 8 Vict. c. 37 (Sites for Schools), 194 
 7 & 8 Vict. c. 90 (Judgments— Ireland), 166 
 
 7 & 8 Vict. c. 96 (Insolvency), 142 
 
 8 & 9 Vict. c. 16 (Companies Clauses Consolidation Act), 656 
 8 & 9 Vict. c. 18 (Lands Clauses Consolidation Act), 109, 343 
 
 8 & 9 Vict. c. 20 (Railway Clauses Consolidation Act), 107, 110, 345 
 8 & 9 Vict. c. 106 (Real Property), 8, 173, 401, 412 
 8 & 9 Vict. c. 112 (Satisfied Terms), 202 
 
 8 & 9 Vict. c. 118 (Commons Inolosure), 8, 403 
 
 9 & 10 Vict. c. 73 (Merger of Tithes— Equitable Owners), 426 
 
 9 & 10 Vict. c. 70 (Inclosure), 403 
 
 10 & 11 Vict. c. Ill (Inclosure), 403, 404 
 
 11 & 12 Vict. c. 99 (Inclosure), 405 
 
 12 & 13 Vict. c. 49 (Sites for Schools), 194 
 12 & 13 Vict. c. 83 (Inclosure), 403 
 
 12 & 13 Vict. c. 95 (Judgments— Ireland), 166 
 
 12 & 13 Vict, c. 106 (Bankrupt Law Consolidation), 142, 742, 745, 
 
 747, 749, 753, 
 
 13 & 14 Vict. c. 28 (Religious and Educational), 194 
 13 & 14 Vict. c. 29 (Judgments— Ireland), 166 
 
 13 & 14 Vict. c. 60 (Trustee Act, 1850), 214, 5iq 
 
 14 & 15 Vict. c. 24 (Sites for Schools), 194 
 
 15 & 16 Vict. c. 49 (Sites for Schools), 194 
 
 15 & 16 Vict. c. 51 (Compulsory Enfranchisement— Copyhold), IgO, 181 
 15 & 16 Vict. c. 55 (Trustee Act Extension), 214 
 
 Digitized by Microsoft® 
 
INDEX TO THE DISSEKTATIONS AND NOTES. 8J5 
 
 STATTJTES-continued. 
 
 15 & 16 "Vict. c. 79 (Inclosures), 403 
 
 15 & 16 Vict. c. 86 (Chancery Amendment Act), 472 
 
 15 & 16 Vict. c. 87 (Lords Justices), 510 
 
 16 & 17 Vict. c. 51 (Succession Duties), 71, 146 
 16 & 17 Vict. c. 70 (Copyholds), 177 
 
 16 & 17 Vict. c. 70 (Lunatics), 308 
 
 16 & 17 Vict. c. 117 (Land Tax— Merger), 142 
 
 16 & 17 Vict. c. 134 (Burials), 140 
 
 16 & 17 Vict. c. 137 (Charitable Trusts), 385 
 
 17 & 18 Vict. c. 36 (Bills of Sale— Registration), 731, et seq. 
 17 & 18 Vict. c. 97 (Inclosures), 403 
 
 17 & 18 Vict. c. 112 (Literary and Scientific Institutions), 194 
 
 17 & 18 Vict. c. 113 (Mortgage Debt primarily chargeable on Land), 
 
 264, 482 
 
 18 & 19 Vict. c. 15 (Judgments — Annuities — Registration — Pur- 
 
 chasers), 155 
 
 19 & 20 Vict. c. 97 (Mercantile Law Amendment), 575 
 
 20 & 21 Vict. c. 31 (Inclosures), 403 
 
 20 & 21 Vict. c. 57 (Reversionary Interests, &c. in Personalty — Married 
 Women), 183, 431, 432, 668 
 
 20 & 21 Vict. c. 77 (Probate Act), 140 
 
 21 & 22 Vict. c. 57 (Ecclesiastical Corporations), 397 
 
 21 & 22 Vict. c. 94 (Copyhold Enfranchisements), 180, 181 
 
 22 Vict. c. 27 (Recreation Grounds), 194 
 
 22 & 23 Vict. c. 35 (Relief of Trustees), 47, 141, 167, 241, 323 
 
 22 & 23 Vict. c. 43 (Inclosures), 403 
 24 Vict. c. 9 (Charities), 194 
 
 23 & 24 Vict. c. 38 (Relief of Trustees), 163, 164, 165, 638 
 23 & 24 Vict. c. 136 (Charities), 385 
 
 23 & 24 Vict. c. 145 (Lord Cranworth's Act), 504, 638 
 
 24 & 25 Vict. c. 105 (Ecclesiastical Benefices), 398 
 
 24 & 25 Vict. c. 134 (Bankruptcy), 142 
 
 25 & 26 Vict. c. 89 (Joint Stock Companies), 193 
 27 Vict. c. 13 (Charities), 194 
 
 27 & 28 Vict. c. 112 (Judgments), 157, 161, 163 
 
 27 & 28 Vict. c. 114 (Improvement of Land Act, 1864), 172 
 
 28 & 29 Vict. c. 104 (Crown Debts), 168 
 
 29 & 30 Vict. c. 57 (Charities), 194 
 
 29 & 30 Vict. 0. 96 (Re-registration of Bills of Sale), 731 
 
 30 & 31 Vict. c. 48 (Auction), 28 
 
 30 & 31 Vict. c. 69 (Mortgage primarj- charge), 83, 264, 484 
 
 30 & 31 Vict. c. 144 (Life Policie3),-420, 503 
 
 31 Vict. c. 4 (Sales of Reversions), 331 
 31 Vict. c. 40 (Partition Act, 1868), 384 
 31 Vict. c. 86 (Marine Assurances), 420 
 
 31 & 32 Vict. c. 44 (Sites for Buildings for Educational and other 
 
 Purposes), 194 
 
 32 & 33 Vict. 0. 71 (Bankruptcy), 83, 314, 322 
 
 Digitized by Microsoft® 
 
8l6 INDEX TO THE DISSERTATIONS AND NOTES. 
 
 STATUT-ES— continued. 
 
 32 & 33 Vict. c. 83 (Bankruptcy Acts Repeal), 314 
 
 33 Vict. c. 14 (Aliens— Naturalization), 190 
 
 33 & 34 Vict. c. 23 (Traitors and Felons), 191, 192, 193 
 
 33 & 34 Vict. c. 56 (Mansions), 172 
 
 33 & 34 Vict. c. 75, ss. 19, 20 (Elementary Education Act, 1870), 443 
 
 33 & 34 Vict. c. 93 (Married Women's Property Act, 1870), 187 
 
 33 & 34 Vict. c. 97 (Stamps), 84, 207, 210, 211, 510 
 
 35 & 36 Vict. c. 44 (Abolition of Office of Accountant-General), 347 
 
 36 & 37 Vict. c. 66 (Judicature Act, 1873), 308, 311,414, 471, 475, 497, 
 
 507, 688 
 
 37 & 38 Vict. c. 42 (Building Societies Act, 1874), 515, 604, 715 
 
 37 & 38 Vict. c. 57 (Eeal Property Limitation Act, 1874), 478, 480, 481 
 
 37 & 38 Vict. 0. 78 (Vendor and Purchaser Act, 1874), 1, 2, 5, 7, 9, 31, 
 
 33, 101, 137, 145, 274, 509 
 
 38 & 39 Vict. c. 87 (Land Transfer Act, 1875), 31, 467, 510 
 
 39 & 40 Vict. c. 71 (Partition Amendment Act), 384 
 
 40 & 41 Vict. c. 18 (Settled Estates), 378 
 
 40 & 41 Vict. c. 33 (Contingent Remainders), 401 
 
 40 & 41 Vict. c. 42 (Bmlding Societies Amendment), 604 
 
 41 Vict. 0. 31 (BiUs of Sale Act, 1878) 731, e« seq. 
 
 STATUTE OP FRAUDS, 
 
 what property -within the 4th section of the, so as to oblige agreement 
 
 to be in writing, 73, 74 
 sales by auction are within, 76 
 part performance takes case out of, 78 
 
 STOCK, 
 
 stamps on conveyance where consideration is, 207 
 
 SUCCESSION DUTY, 
 
 on sale by tenant for life and remainderman, 71, 99 
 purchaser of reversion must pay, 98 
 
 when purchaser should call for receipt and certificate of, 146 
 by whom to be borne on sale by tenant for life and remainderman, 99, 
 329 
 
 SURETIES, 
 
 may redeem mortgage, 469 
 observations on law of, 575 
 
 TACKING, 
 
 one mortgage to another, 468 
 as between mortgagor and mortgagee, 468 
 other debts, 468 
 
 third mortgagee making advance without notice of second mortgage on 
 paying off first mortgage, may tack, 488 
 
 Digitized by Microsoft® 
 
INDEX TO THE DISSERTATIONS AND NOTES. 817 
 
 TENANT IN TAIL, 
 
 effect of judgments against, 1j2 
 
 TIMBER, 
 
 IJi-oper conditions as to, 29 
 
 power of tenant for life without impeachment of waste, iu to, 3!J8 
 
 power of tenant in tail as to, 309 
 
 position of ordinary tenant for life as to right to, and other wood, 310 
 
 rule as to, on glebe, 311 
 
 TITHES, 
 
 commencement of title as to, 7 
 merger of rent-charge in lieu of, 426 
 
 TITLE, 
 
 vendor may stipulate for sale of estate with such, as he has, 4 
 
 construction of conditions as to deduction of, 4 
 
 when objection to, can be taken on account of estate being subject to 
 
 incumbrances, 11 
 commencement of, as to tithes, 7 
 
 what, may be required on sale of enfranchised copyholds, 7 
 
 allotments under award, 7 
 lands taken in exchange, 8 
 at what time a, must be made by vendor, 80 
 doubtful, not forced on purchaser, 81 
 when taking possession is acceptance of, 82 
 proper commencement of, 137 
 form and operation of covenants for, 195, 196 
 usual covenants for, 197 
 
 TRAITOKS AND FELONS, 
 
 the law with regard to the property belonging to, 191, et seq. 
 
 TRANSFERS OP MORTGAGES, 
 observations on, 507 
 stamps on, 511 
 
 mortgagor should be made party to, 687 
 costs of, 687 
 
 as to assignment of mortgage debt on, 687 
 modes of preparing, 692 
 
 TRUSTEES, 
 
 proper conditions on sale by, 30 
 admission on appointment of new, of copyholds, 177 
 for sale cannot purchase, 189 
 
 where cestui que tntst dies without heirs, trustees hold the land dis- 
 charged from trust, 192 
 what covenants are entered into on sale b}', 195 
 on mortgage of personalty notice should be given to all existing, 499, 
 
 502 
 effect of notice to assignor, being himself a tnistee, 502 
 
 VOL. I. 3 14 
 
 Digitized by Microsoft® 
 
818 INDEX TO THE DISSERTATIONS AND NOTES, 
 
 TRUSTEES— con«mM«(i. 
 
 purchaser taking legal estate from express, with notice, not protected, 
 
 489 
 legal fee in bare trustee vests on his death intestate in legal personal 
 
 representative, 793 
 
 VENDOR, 
 
 Ijound to disclose latent defects, 21 
 
 contract should contain name of, 37 
 
 at what time a title must be made by, 80 
 
 VENDOR AND PURCHASER ACT, 1874, 
 
 forty years' title substituted for sixty years, 1, 137 
 
 new rule as to lessor's title, 5, 
 
 applies to freehold title only, 7 
 
 covenants for production to be at exijense of purchaser, 9 
 
 vendor or purchaser can obtain opinion of Judge in Chambers, 31, 793 
 
 recitals in deeds 20 years old made evidence, 2, 33 
 
 second section of, does not apply to advowsons, 101 
 
 non-registration of will in Middlesex or Yorkshire cured in certain 
 
 cases, 148, 
 vendor entitled to retain deeds relating to other property, 204, 
 cases in which personal representative of mortgagee can convey legal 
 
 estate, 274, 509, 510, 792 
 legal fee in bare trustee vests on his death intestate in legal personal 
 
 representative, 793 
 married woman can convey legal estate, vested in her as bare trustee, 
 
 as a feme sole, 792 
 
 VOLUNTARY SETTLEMENTS, 
 
 effect of, made by a bankrupt being a trader, 755, 756 
 
 WASTE, 
 
 powers of tenant fur life without impeachment of, 308 
 
 position of tenant for life not made dispunishable of, as to timber, 310 
 
 permissive, 310 
 
 legal and equitable remedies for, 311 
 
 what trees, &c., a nurseryman may remove, 312 
 
 WAY, 
 
 rights of, eitl:er gross or appurtenant, 405 
 
 in g!Oss, cannot be assigned, 405 
 
 grantee of right of, not obliged to repair rGa,d, 406 
 
 Digitized by Microsoft® 
 
INDEX TO THE PEECEDENTS. 
 
 ♦ 
 
 ABSTRACT, 
 
 conditions of sale as to delivery of, 33, 38, 42, 46, 48, 51 
 
 ADMISSION, 
 
 of mortgagee to copyholds, and surrender to transferee, pursuant to 
 covenant, and, of transferee, 700 
 
 ADVOWSON, 
 
 conditions of sale as to, 59 
 agreement for sale of, 101 
 
 of, and annual sum equal to interest on purchase- 
 money until vacancy, 103 
 of, where, purchase-money is to be invested until 
 vacancy, and income received by purchaser, 104 
 grant of, 422 
 
 of, and annuity until vacancy, 425 
 
 AFMDAVIT, 
 
 to be filed pursuant to Act for registering bills of sale, 781 
 
 AGREEMENT, 
 
 for sale of freeholds, 86 
 copyholds, 89 
 leaseholds, 89 
 
 leaseholds held by underlease, and tenant's fixtures, 91 
 leasehold house and shop, and stock and goodwill of 
 
 business, 92 
 freeholds, copyholds, and leaseholds by trustees, 95 
 life estate in freeholds, 96 
 reversionary estate in freeholds, 97 
 by tenant for life and remainderman, 99 
 freeholds which are subject to perpetual rent-charge, 100 
 advowson, 101 
 next presentation, 102 
 advowson or next presentation, and annual sum equal to 
 
 interest on purchase-money until vacancy, 103 
 advowson or next presentation where purchase-money is 
 
 to be invested until vacancy, and income received by 
 
 purchaser, 104 
 
 3 li ^ 
 
 Digitized by Microsoft® 
 
820 INDEX TO THE PRECEDENTS. 
 
 AGREEMENT, continued. 
 
 for sale where part of purchase-money is to remain on mortgage of 
 
 property, 105 
 for sale to railway company, purchase-money to include compensation 
 for severance, 107 
 to railway company, power to company to take possession 
 before completion on depositing purchase-money, 110 
 for building grant in consideration of perpetual rent- charge, 111 
 for loan of a sum on mortgage, 114 
 
 with provisions for continuing loan fur 
 a certain time, 116 
 for lease of mills with provisions enabling lessee to purchase, 117 
 for building lease for ninety-nine years, 119 
 for lease for ninety-nine years of land on which several houses are 
 
 agreed to be built by the lessee, 122 
 for lease of dwelling-house for three years, 123 
 to let furnished apartments, 125 
 to submit to arbitration, 126 
 by two tenants in common for jDartition, 127 
 building, 129 
 
 to procure letters patent and to sell moiety of invention, 135 
 recital of, for sale of freeholds, 218, 225 
 
 for sale of freeholds, subject to lease, 228 
 
 for sale of copyholds, 230 
 
 for sale of leaseholds, 234, 237, 239, 245, 248 
 
 between vendor and purchaser as to apportionment of 
 
 rent, 241 
 for sale of freeholds and copyholds, 251 
 for sale of freeholds and leaseholds, 252 
 for sale of freeholds, copyholds, and leaseholds, 255 
 for sale by hu.sband and wife of wife's freeholds, 258 
 assignment of benefit of, for sale of freeholds, 441 
 for mortgage of freeholds and leaseholds accompanied bj- deposit of 
 
 lease, 678 
 memorandum of deposit of deeds, to secure given sum, and, to 
 execute mortgage, 681 
 
 ANNUITY, 
 
 conveyance of freeholds in consideration of sum, and of annuity 
 
 charged on the land, 386 
 conveyance in consideration of, with power to purchaser to purchase 
 
 government annuity in substitution, 388 
 conveyance in consideration of annuity payable to vendor and wife 
 
 successively for life secured by purchaser's bond, 392 
 covenant by purchaser to pay, 387, 391 
 grant of advowson and, until vacancy, 423 
 mortgage of reversionary interest in stock belonging to mortgagor, 
 
 and of annuity belonging to wife, to secure present and future 
 
 advances, 664 
 
 Digitized by Microsoft® 
 
INDEX TO THE PRECEDENTS. 821 
 
 APPOINTMENT, 
 
 and conveyance of freeholds to uses to bar dower, 223 
 
 by married woman to purchaser in fee, 259 
 
 of land for building by tenant for life under power in consideration of 
 
 rent-charge, 357 
 mortgage of freeholds by, and grant, 558 
 mortgage of land in exercise of general power of, 560 
 
 APPORTIONMENT, 
 
 conditions of sale as to, of rents, 66, 67 
 
 ARBITRATION, 
 
 agreement to submit to, 126 
 
 ASSIGNEE OR TRUSTEE OF BANKRUPT, 
 conveyance of freeholds by, 314 
 
 by, with concurrence of mortgagee, 316 
 appointment of copyholds by, 318 
 assignment of leaseholds by, 319 
 covenant for production of deeds by, 450 
 
 ASSIGNMENT, 
 
 of a leasehold messuage, 234 
 
 of property comprised in several leases, 236 
 
 of leaseholds by executors, 239 
 
 of a portion of leaseholds held under one lease at entire rent, the rent 
 apportioned between vendor and purchaser, and cross powers of 
 distress and entiy, 241 
 
 of leaseholds by mortgagor and mortgagee by sub-demise, 270 
 
 of leaseholds for lives, 245 
 
 of leaseholds for residue of term determinable on lives, and of benefit of 
 by covenant for renewal, 247 
 
 of leaseholds by trustee of bankrupt, 319 
 
 by owners of two third parts of moneys to arise from sale of free- 
 holds, 291 
 
 of growing crops of corn and grass, 413 
 
 of bond debt, 414 
 
 of judgment debt, 415 
 
 of letters patent, 416 
 
 of goodwill and property of a business, 418 
 
 of policy of life assurance, 420 
 
 of share in residuary personalty under a will, 428 
 
 of life interest in stock, 429 
 
 by married woman of her reversionary interest in personalty under 
 will, 431 
 
 of leasehold premises and fixtures for separate use cf married woman, 
 435 
 
 of benefit of agreement for sale of freeholds, 4] 
 
 of mortgage debt and securities, 688 
 
 Digitized by Microsoft® 
 
632 INDEX TO THE PRECEDENTS. 
 
 BANKERS, 
 
 mortgage by member of partnership firm to firm of, 601 
 
 BANKING COMPANY, 
 
 mortgage to trustees of joint stock, to secure balance of account 
 
 curi'ent, 597 
 mortgage to incorporated banking company to secure balance, 600 
 memorandum of deposit of deeds with a joint stock, to secure balance 
 
 of account current, 683 
 
 BANKRUPT, 
 
 conveyance of freeholds by trustee of, 314 
 
 ■with concurrence of mortgagee, 316 
 covenants for title by, 317 
 appointment of copyholds by trustee of, 318 
 assignment of leaseholds by trustee of, 319 
 conveyance by trustee of, of estate tail in possession, 320 
 estate tail in remainder, 321 
 
 BILL OF SALE, 
 
 of household furniture and other eflects, by way of mortgage, 760 
 
 of household furniture and other efi^ects, and of furniture and effects to 
 
 be subsequently added or substituted by way of mortgage, tlie 
 
 principal being made payable by monthly instalments, 764 
 of chattels, by way of mortgage (very short form), 765 
 of machinery and plant belonging to colliery, including after-acquired 
 
 plant, to secure present and future advances, 767 
 of freehold workshop or factory and the trade machinery and plant 
 
 about the same, 770 
 of leasehold premises with machinery and plant, 773 
 by innkeeper of goodwill of business and stock-in-t;^de and effects as 
 
 collateral security, 776 
 of chattels by a trader to a banking company, to secure balance of 
 
 account, 780 
 of present and future growing crops, and farming stock, without any 
 
 interest in the land, 775 
 afiidavit to be filed pursuant to Act for registering, 781 
 
 BOND, 
 
 assignment of, debt, 414 
 
 BUILDING, 
 
 agreement for, grant in consideration of perpetual rent-charge. 111 
 grant of land for, in consideration of perpetual rent-charge, 350 
 covenants by grantee in, grant, 351, 352 
 
 appointment of land for, by tenant for life under power in considera- 
 tion of rent-charge, 357 
 
 BUILDING LEASE, 
 
 agreement for, for ninety-nine years, 119 
 
 Digitized by Microsoft® 
 
INDEX TO THE PEECEDENTS. 823 
 
 BUILDING hEASK—cmUimted. 
 
 mortgage by assignment of premises comprised in, to secure sums 
 
 advmiced and to be advanced to lessee to complete unfinished houses, 
 
 622 
 mortgage by builder of land comprised in agreement entitling him to 
 
 separate leases to secure advances for completing houses, 626 
 power to mortgagor to grant leases for twenty-one years and, 639, 642 
 
 BUILDING SOCIETY, 
 
 mortgage of freeholds to, 604 
 leaseholds to, 607 
 receipt for moneys to be indorsed on mortgage to, 715 
 
 CHARGE OF DEBTS, 
 
 conveyance by devisees in trust in exercise of power vested in them 
 under, 323 
 
 by executors in exercise of power under, 324 
 
 CHARITY, 
 
 conveyance on sale of, lands, 385 
 
 COLLATERAL SECURITY, 
 
 conveyance of freeholds by way of, 652 
 
 by indorsement on principal mort- 
 gage, 653 
 assignment of policy of assurance by way of, 654 
 
 CONDITIONS OF SALE, 
 
 as to freeholds or copyholds in one lot, 32 
 
 a leasehold house and tenant's fixtures in one lot, 37 
 
 as to freeholds when vendor lias registered title vmder the Land Transfer 
 
 Act, 1875, 39 
 as to leaseholds when vendor has registered title under Land Transfer 
 
 Act, 1875, 41 
 of property iu lots, 41 
 
 of freeholds, copyholds, and leaseholds in lots, 46 
 as to reversionary interests in personalty, policies, annuities, &c., 48 
 an estate sold under order of Chancery division of High Court of 
 
 Justice, 51 
 standing timber, 53 
 
 commencement and evidence of title, 56 
 title deeds, attested copies, &c., 61 
 description of property and identity, 64 
 tithes, land tax, apportionment of rents, &c., 65 
 indemnity against charges, 68 
 nuscellaneous, 70 
 
 as to commencement of title to freeholds, 33 
 
 leaseholds, 38 
 as to payment of purchase-money, 34, 4?, 46, 49, 52 
 interest on purchase-money, 32, 42, 48, 52 
 delivery of abstract 33, 3^, 42, 46, 48 
 
 Digitized by Microsoft® 
 
824 INDEX TO THE PRECEDENTS. 
 
 CONDITIONS OF SALE— contimwd. 
 
 for making recitals iii deeds twenty years old conclusive, 33 
 as to expense of production of documents and evidence, 33, 43, 49 
 time for delivering objections, 34, 43, 47, 48, 51 
 rescinding the contract, 34, 43 
 preparation and expense of conveyance, 34, 44, 47, 49 
 error or misdescription and compensation, 34, 35, 44, 50, 52 
 for thro\?ing expense of abstract on purchaser whose purchase-money 
 
 does not amount to certain sum, 46 
 as to timber, 32, 42, 51 
 
 enabling a re-sale in case of purchaser's default, 35, 45, 50, 53 
 as to commencement of title as to exchanges and allotments, 57 
 enfranchised copyholds, 57 
 title to mortgaged term, 58 
 title to ground rents, 59 
 advowson, 59 
 evidence of pedigree, 60 
 
 payment of charges, 60 
 payment of legacies, 60 
 satisfaction of mortgage, 60 
 presumption of reconveyance of legal estate, 61 
 that lots are sold subject to tenancies, &e., 71 
 as to one of vendors being infant, 71 
 succession duty, 71 
 insufficient stamp, 71 
 memorandum to be annexed to particulars and, on sale in one lot, 37 
 
 on sale in lots, 45 
 
 CONVEYANCE, 
 
 conditions of sale as to preparation of, 34, 44, 47, 49 
 
 of freeholds to purchaser in fee, 218 
 
 of freeholds with covenant for production {short form), 222 
 
 of freeholds to purchaser in fee with covenants for title and for produc- 
 tion of deeds (in paragraphs), 221 
 
 appointment and, of freeholds to uses to bar dower, 223 
 of freeholds to purchaser in fee, 227 
 
 of freeholds subject to lease for ninety-nine years, 228 
 
 of reversion expectant on lease to lessee, 229 
 
 of a leasehold estate for lives, 245 
 
 pf freeholds and covenant for surrender of copyholds, 251 
 
 of freeholds and assignment of leaseholds, 252 
 
 of freeholds, covenant to surrender copyholds, and assignment of lease- 
 holds, 255 
 
 of wife's freeholds by husband and wife, 257 
 
 by married woman under power, 259 
 
 of freeholds by vendor to trustee for separate use of purchasei-'s wife 
 260 ' 
 
 by mortgagor and mortgagee, where part of purchase-money is paid to 
 mortgagee, 262 
 
 Digitized by Microsoft® 
 
IKDEX TO THE PRECEDENTS. 825 
 
 CONVEYANCE— cowWnMec?. 
 
 by devisee of mortgagor and a mortgagee in fee, 264 
 
 by mortgi^or, and by mortgagees for term, who are satisfied with suffi- 
 ciency of remaining security, 266 
 
 of freeholds and covenant to surrender copyholds by mortgagor and 
 mortgagee, 268 
 
 by mortgagee under power of sale, 272 
 
 by executor and heir of deceased transferee of mortgage under power, 274 
 
 of freeholds subject to mortgage debt, 275 
 
 of equity of redemption to mortgagee as purchaser, 277 
 
 by vendor and his mortgagee to a trustee for purchaser, the mortgage 
 kept on foot as protection, 278 
 
 by two tenants in common, 280 
 
 by three tenants in common, two being married women, 281 
 
 by several tenants in common, the share of one having been assured 
 on trust for sale, 283 
 
 by two tenants in common where one is an infant, 286 
 
 of undivided moiety in freeholds by one tenant in common to his com- 
 panion, 288 
 
 by joint tenants, 289 
 
 by surviving coparcener and her mortgagee and devisees in common of 
 deceased coparcener, 293 
 
 of freeholds to tenants in common, 295 
 
 of freeholds under power of attorney, 296 
 
 of freeholds to two partners, 298 
 
 of freeholds and bargain and sale of copyholds, by trustees for sale 
 under will, 299 
 
 of freeholds by trustees under testamentary trust for sale, 301, 303 
 
 of life estate in freeholds, 328 
 
 by trustees for sale where one of the trustees is purchaser, 305 
 
 by trustees under power in settlement, 307 
 
 of freeholds of debtor by trustee under liquidation provisions in Eank- 
 ruptcy Act, 1869, 322 
 
 of freeholds by liquidators of Joint Stock Company, 325 
 
 by administrator of convict, 327 
 
 of life estate in freeholds, 328 
 
 by tenant for life and remainderman, 329 
 
 of remainder in fee, 331 
 
 by heir and personal representative of deceased vendor, 333 
 
 to trustees iinder a power in settlement to lay out trust-money in pur- 
 chase of land, 334 
 
 to purchasers as joint tenants, 335 
 
 to uses of real property settlement where purchase made with moneys 
 arising from sale of settled property under a power of sale, 336 
 
 and declaration of trust of freeholds, copyholds, and leaseholds, pur- 
 chased with moneys arising from sale of settled property, 338 
 
 by owner in fee reserving to himself life interest and covenants by 
 him to repair, insure, &c., 341 
 
 Digitized by Microsoft® 
 
826 IXDEX TO THE PRECEDENIS. 
 
 CONVEYANCE— con<ra«e(Z. 
 
 by owner in fee of freeholds to Railway Company, 343 
 of copyholds to Railway Company, 348 
 
 by tenant for life to Railway Company, 346 
 
 by Railway Company of superfluous lands, 349 
 
 of land for building in consideration of perpetual rent-charge, 350 
 
 by tenants in common of land and three dwelling-houses, in considera- 
 tion of perpetual rent-charge, 354 
 
 of freeholds which are subject to a jperpetual rent, 362 
 
 of a perpetual rent issuing out of freeholds, 364 
 
 of land by mortgagee and mortgagor, in consideration of perpetual 
 rent-charge which is limited to mortgagee, 366 
 
 of one of several houses, subject to proportionate part of rent-charge, 
 367 
 
 of freeholds reserving minerals, 371 
 
 of mines without the surface, 374 
 
 to sub-purchaser, the original purchaser joining, 375 
 
 under a decree or OKler in administration suit, 376 
 
 on sale under the Settled Estates Act, 1877, 378 
 
 on a sale under Partition Act, 1868, 384 
 
 on a sale of charity lands, 385 
 
 in consideration of sum, and of annuity chai'ged on land, 386 
 
 in consideration of annuity, with power for purchaser to buy govern- 
 ment annuity in substitution, 388 
 
 in consideration of annuity payable to vendor and wife successively fur 
 life, and secured by purchaser's bond, 392 
 
 to (i purchaser who covenants not to build, 408 
 
 to married woman, purchase being made out of savings from businers 
 carried on rmder protection order, 439 
 
 by tenant for life of a piece of land to School Board, 443 
 
 of freeholds when part of purchase-money is retained by purchaser and 
 secured by mortgage, 589 
 
 of freeholds to mortgagee to secure part of purchase-money, 591 
 
 ^COPYHOLDS, 
 
 conditions of sale as to, in one lot, 32 
 
 freeholds, and leaseholds in lots, 46 
 enfranchised, 57 
 agreement for sale of, 89 
 
 of freeholds, and leaseholds by trustees, 95 
 deed of covenant to surrender, 230 
 surrender out of court of, 231 
 
 when vendor is a married woman, 232 
 grant of freeholds and covenant for surrender_of, 251 
 grant of freeholds, covenant to surrender, and assignment of leaseholds, 
 
 255 
 covenants for title as to, 230, 233 
 
 freeholds and, 251 
 freeholds and leaseholds, 256 
 
 Digitized by Microsoft® 
 
INDKX TO THK PKECEDENTS. 827 
 
 CO?YHOhJiS-rOHtinued. 
 
 conveyance of freeholds and covenant to surrender, by mortgagor and 
 
 mortgagee, 268 
 conveyance of freeholds anl bargain and sale of, by trnstecs for sale 
 
 under a will, 299 
 appointment of, by trustee of bankrupt, 318. 
 
 conveyance and declaration of trust of freeholds, copyholds, and lease- 
 holds purchased with money arising from sale of settled property, 
 338 
 conveyance of, to railway company, 348 
 deed of enfranchisement of, 393 
 
 for livefl, by the ecclesiastical commis- 
 
 sionerM, 395 
 by rector of parish with consent of the 
 ecclesiastical commissioners and patron, 
 397, 399 
 mortgage of, 534 
 
 covenant by mortgagor to surrender, 534 
 power of sale in mortgage of, 535 
 conditional surrender of, 537 
 
 mortgage of freeholds and, to persons lending on joint account, 549 
 mortgage of freeholds and, and of leaseholds for long terra, 554 
 transfer of mortgage of, with mortgagor's concurrence (by indorsement), 
 
 of, where mortgagor is dead leaving infant heir, 
 
 and administratrix joins, 699 
 where no surrender has been made (by indorne- 
 ment), 702 
 warrant to enter up satisfaction of conditional surrender of, 697 
 conditional surrender of, by mortgagor to transferee of mortgage, 698 
 admission of mortgagee to, and surrender to transferee pursuant to 
 covenant, and admission of transferee, 700 
 
 COVENANT, 
 
 deed of, to surrender copyholds, 230 
 
 grant of freeholds and, for surrender of copyholds, 251 
 
 by purchaser to pay mortgage debt and indenmify vendor therefrom, 
 
 277 
 by father of one of vendors that infivnt shall join on attaining twenty- 
 one, 287 
 by purchaser to pay succession duty on conveyance of remainder in 
 
 fee, 331 
 by vendor wlio reserves a life interest, to repair, insure, &c., 341 
 by grantee in building grant, to build, insure, &c., 352 
 by grantee in conveyance by tenants in common in consideration of 
 
 perpetual rent-charge, 355 
 by grantors to indemnify against paramount rent, 356 
 by purchaser to pay annuity, 387 
 to insure against fire, 391 
 
 Digitized by Microsoft® 
 
828 INDEX TO THE PRECEDENTS. 
 
 COVENANT— coBW»me(i. 
 
 by vendor in assignment of goodwill and property of a business, 419 
 by vendor and purchaser respectively in assignment of leasehold pre- 
 mises and fixtures, for separate use of married woman, 437, 438 
 by mortgagor in mortgage to one to pay principal and interest, 516 
 
 ' for insurance of buildings against fire, 521, 
 
 522 
 
 by mortgagor in mortgage to several to pay principal .and interest, 525 
 
 for insurance of buildings against fire, 528 
 
 by mortgagor in a mortgage of leasehold estate for lives, 547, 548 
 
 by mortgagor in mortgage of policy effected in name of mortgagor, 
 
 572, 573 
 by mortgagor and his sureties in mortgage of policy effected in name 
 
 of mortgagee, 576, 577 
 by mortgagor to transfer annuities and to pay in meantime sums equal 
 to dividends, 585 
 
 and to pay in meantime interest on 
 proceeds, 588 
 by mortgagor to pay principal and interest, and future advances in 
 
 mortgage to secure existing debt and future advances, 596 
 by mortgagor in mortgage to trustees of joint-stock bank, 397 
 by mortgagors in mortgage by member of partnership firm to firm of 
 
 bankers, 602 
 by a tenant for life to keep down interest on mortgage by trustees of 
 ^ term to raise portions, 619 
 by father of mortgagor, and by his mother so as to bind her separate 
 
 estate, to pay interest as additional security, 674 
 by mortgagor to surrender copyholds to transferee, 696 
 by mortgagee to procure admission and to surrender copyholds to 
 
 transferee, 699 
 by mortgagor in bill of sale of furniture and other effects by way of 
 
 mortgage, 760, 762 
 by mortgagors in bill of sale of present and future machinery to pay 
 present and future advances, 768 
 
 COVENANTS AGAINST INCUMBRANCES, 
 by one mortgagee, 263 
 by two mortgagees, 267 
 by trustees, 300, 312 
 by prior mortgagee, 567 
 
 by trustees of a term to secure younger children's portions, 617 
 by transferor of mortgage of fi'eeholds, 688 
 
 COVENANTS FOR PRODUCTION OF DEEDS, 
 in conveyance of freeholds, 220, 222 
 by trustees, 304 
 
 by tenant for life in conveyance by him to railway company 347 
 in conveyance imder the Settled Estates Act, 1877, 383 
 by vendor with pxuchaser, 445 
 
 Digitized by Microsoft® 
 
INDKX TO THE PRECEDENTS. 829 
 
 COVENANTS FOR PRODUCTION OF DlSEBS-contimied. 
 by purchaser witli vendor, 447 
 from one purchaser to another, 456 
 by mortgagee and mortgagor, 449 
 by trustees, 450 
 by one purchaser with a former purcha.ser of part of property by way 
 
 of substitution, 451 
 by tenant for life where the trustees for sale do not concur iu the 
 
 covenant, 4.j4 
 direction and appointment to produce deeds by trustees selling under 
 
 power of sale and exchange ; the tenant for life joins to covenant 
 
 for production during his life, 452 
 of two sets of deeds by respective holders, 455 
 by different persons as to different deeds, 45(5 
 
 COVENANTS FOR TITLE, 
 In Purchase Deeds, 
 
 in conveyance of freeholds to purchaser iu fee, 219 
 
 iu appointment and grant of freeholds tn uses to bar dower, 226 
 
 as to copyholds, 230, 233 
 
 as to leaseholds for years, 235 
 
 in conveyance of leaseliold estate for lives, 246 
 
 in assignment of leaseholds for residue of term determinable on lives 
 and of benefit of covenant for renewal, 249 
 
 as to freeholds and copyholds, 251 
 
 as to freeholds and leaseholds, 253 
 
 as to freeholds, copyholds, and leaseholds, 256 
 
 by husband as to wife's freeholds, 258 
 
 by husband on appointment by wife under power, 259 
 
 by mortgagor, in conveyance by mortgagor and wife and mortgagee, 263 
 
 in conveyance by devisee of mortgagor, 265 
 
 in conveyance to purchaser subject to mortgage debt, 267 
 
 by two tenants in common, 280 
 
 in conveyance by three tenants in common, where two arc married 
 women, 282 
 
 in conveyance of freeholds by joint-tenants, 290 
 
 in assignment of two third parts of moneys to arise from sale of free- 
 holds, 292 
 
 in conveyance by surviving coparcener and her mortgagee and devisees 
 in common of deceased coparcener, 294 
 
 in conveyance of freeholds to tenants in common, 295 
 
 by cestui) que trust in a conveyance of freeholds by trustees under 
 testamentary trust for sale, 302, 304 
 
 by tenant for life in conveyance by trustees under a power of sale in a 
 settlement, 313 
 
 in conveyance by tenant for life, 328 
 
 by tenant for life and remainderman, 330 
 
 by remainderman, 332 
 
 by tenant for life in conveyance to railway company, 347 
 
 Digitized by Microsoft® 
 
830 INDEX TO THE PRECEDENTS. 
 
 COVENANTS FOR TITLE— continued. 
 
 by tenants in common in conveyance in consideration of perpetual 
 
 rent-charge, 355 
 Ijy grantor of freeholds, subject to a perpetual rent, 363 
 by grantor of perpetual rent, 365 
 in grant of right of way, 406 
 in conveyance in consideration of annuity, 389 
 by lord on enfranchisement of copyholds, 394 
 in assignment of growing crops, 414 
 bond debt, 415 
 letters patent, 417 
 goodwill of business, 419 
 policy of assurance, 421 
 in grant of advowson, 423 
 in grant of next presentation, 424 
 in assignment of share in residuary personalty, 429 
 ■ in assignment of life interest in stock, 430 
 by husband in assignment by married woman of her reversionary 
 
 interest in personalty, 432 
 by bankrupt, 317 
 In Moktgages, 
 in a mortgage of freeholds to one, 517 
 
 (short form), 520 
 to persons lending on joint account, 525 
 copyholds, 535 
 
 a leasehold messuage by demise, 539 
 property comprised in several leases by assigiuuent, 
 
 542, 543 
 leaseholds for lives, 547 
 freeholds and copyholds, and of leaseholds for long 
 
 term, 555 
 freeholds by grant and of leaseholds by demise, 552 
 equity of redemption, 564 
 mortgage debt and the security, 594 
 shares in railway company, 657 
 
 DECLAEATIONS, 
 
 as to order of liability of mortgagor and mortgaged property in mort- 
 gage in exercise of general power, 561 
 
 in mortgage by husband and wife of the wife's land that property shall 
 be primary security, 563 
 
 of trust of money secured on mortgage and contributed by different 
 
 ■ lenders in vmequal proportions, 613 
 
 of trust of part of a sum secured on contributory mortgage, 615 
 
 as to order of liability in mortgage by trustees of term, with concur- 
 rence of tenant for life, for raising part; of expectant portion of 
 younger son, 622 
 
 in bill of sale that future property shall be subject to security, 765 
 
 Digitized by Microsoft® 
 
IXDEX TO THE PEEOEDENTS. 831 
 
 DECLARATIONS OF TRUST, 
 
 an to infant's share in purchase-money, 288 
 
 of lands purchased under power in settlement of perdonal estate, 335 
 of term of 1000 years as a security for annuity, 388 
 grant of freeholds and of copyholds purchased in name of trustee for 
 company, 402 
 
 DECREE, 
 
 conditions of sale as to property sold under, 57 
 conveyance under, or order in administration suit, 376 
 
 DEEDS, 
 
 conditions of sale as to title, and attested copies, 61 
 
 expense of producing, 33, 43, 49 
 memorandum of deposit of, to secure given siun, and agreement to 
 execute legal mortgage, 681 
 
 to secure given sum and future advances, 
 682 
 
 DEPOSIT, 
 
 agreement for mortgage of freeholds and leaseholds accompanied by, of 
 
 lease, 678 
 memorandum of, of deeds to secure given sum and charge on property 
 
 comprised in deeds and agreement to execute legal mortgage, 681 
 memorandum of, of deeds with a joint-stuck banking company to 
 
 secure balance of account current, 683 
 
 DISTRESS, 
 
 powers of, for interest in case of default, 559 
 
 DISTRESS AND ENTRY, 
 
 cross powers of, on assignment of portion of leaseholds held under one 
 lexse at entire rent which is apportioned between vendor and pur- 
 chaser, 243, 244 
 
 powers of, in building grant to grantor to secure rent-charge, 351, 354, 
 360 
 
 powers of, in conveyance in consideration of annuity, 387 
 
 DOWER, 
 
 appointment and conveyance to uses to bar, 223 
 
 declaration that appointment and grant shall enure to uses to bar, 225 
 
 ENFRANCHISEMENT, 
 of copyholds, 393 
 
 for lives by the Ecclesiastical Commissioners, 395 
 
 by rector of parish with consent of the Ecclesias- 
 tical Commissioners and patron, 397, 399 
 
 EQUITY OF REDEMPTION, 
 mortgage of an, 564 
 
 Digitized by Microsoft® 
 
832 INDEX TO THE PREOEDEKTS. 
 
 EVIDENCE, 
 
 conditions as to commencement and, of title, 56 
 
 expense of production of deeds and, 33, 43, 49 
 evidence of pedigree, 60 
 
 EXCHANGE, , 
 
 conditions of sale as to, and allotments, 56 
 
 of piece of land for dwelling-house eifected by mutual conveyances, 
 403 
 
 EXECUTORS, 
 
 conveyance by, in exercise of power of S-ile under charge of debts, 324 
 mortgage of leaseholds by, 568 
 
 EXECUTORY DEVISE, 
 
 release of, to owner of first estate, 400 
 grant of, to purchaser, 401 
 
 EXPENSE, 
 
 conditions of sale as to, of producing deeds, 33, 43, 49 
 
 as to, of preparing conveyance, 34, 44, 47, 49 
 for throwing expense of abstract on purchaser whose 
 purchase-money is small, 46 
 
 FREEHOLDS, 
 
 conditions of sale as to, or copyholds, in one lot, 32 
 
 as to, copyholds and leaseholds in lots, 46 
 agreement for sale of, 86 
 
 of, copyholds and leaseholds by trustees, 95 
 . of reversionary estate in, 95 
 of life estate in, 96 
 
 by tenant for life, and remaindermen, 99 
 conveyance of, to purchaser in fee, 218 
 appointment and conveyance of, to purchaser to uses to bar dower, 223 
 
 in fee, 227 
 conveyance of, subject to lease for ninetj'-nine years, 228 
 conveyance of, and covenant to surrender copyholds, 251 
 covenants for title as to, -219, 226, 227 
 
 and copyholds, 251 
 and leaseholds, 253 
 copyholds and leaseholds, 256 
 conveyance by husband and wife of wife's, 257 
 conveyance of, to trustee for separate use of purchaser's wife, 260 
 conveyance of, and covenant to suiTender copyholds by mortgagor and 
 
 mortgagee, 268 
 conveyance of, by trustee of bankrupt, 314, 316 
 by two tenants in common, 280 
 
 by three tenants in common, two being married women 
 281 
 
 Digitized by Microsoft® 
 
INDEX TO THE PRECEDENTS. 833 
 
 FREEHOLDS— conh'TiMetf. 
 
 conveyance of, by several tenants in common, share of one having been 
 
 assured in trust for sale, 283 
 grant of undivided moiety in, by one tenant in common to his co- 
 tenant, 288 
 assignment by owners of two-third parts of moneys to arise from sale 
 
 of, 291 
 conveyance of, to two partners, 298 
 
 conveyance by trustees where one of them is purchaser, 305 
 conveyance and declaration of trust of, copyholds and leaseholds pur- 
 chased with moneys arising from sale of settled property, 338 
 conveyance of, reserving minerals, 371 
 conveyance of, under Partition Act, 1868, 384 
 grant of, and declaration of trust of copyholds purchased in name of 
 
 trustee for company, 402 
 mortgage of, to one, 516 
 
 to persons lending on joint account, 524 
 
 and copyholds to persons lending on joint account, 549 
 
 by grant, and of leaseholds by demise, 551 
 
 and copyholds, and of leaseholds for a long term, 554 
 
 by appointment and grant, 558 
 
 where part of purchase-money is retained by purchaser 
 
 and secured by mortgage, 589 
 to secure an existing debt and future advances, 595 
 by member of partnership firm to firm of bankers, 601 
 to a building society, 604 
 conveyance of, by way of collateral security, 652 
 transfer of mortgage of, without mortgagor's concurrence, 687 
 
 by indorsement, 689 
 when mortgagor joins, 689 
 when further sum is advanced to mortgagor, 
 692 
 and leaseholds on change of one of two trustees, 
 705 
 
 FURTHER CHARGE, 
 
 deed of, by indorsement, 684 
 deed of, not by indorsement, 685 
 
 on life interest, and policy previously mortgaged and collateral security 
 on new policy, 686 
 
 FUTURE ADVANCES, 
 
 mortgage of freeholds to secure existing debt and, 595 
 
 mortgage of reversionary interest in stock belonging to mortgagor, and 
 
 of annuity belonging to wife, to secure present and, 664 
 mortgage by husband and wife of wife's share in freeholds, reversionary 
 
 share in legacy and policy to secure present and, 668 
 memorandum of deposit of deeds to secure given sum and, 682 
 bill of sale of present and future machinery and plant belonging 
 
 to colliery to secure present and, 767 
 
 VOL. I. 3 1 
 
 Digitized by Microsoft® 
 
834 INDEX TO THE PRECEDENTS. 
 
 FUTURE PROPERTy, 
 
 bill of sale by way of mortgage of household furniture, &c., and of 
 
 after-acquired furniture and effects, 764 
 bill of sale of machinery and plant belonging to a colliery, including 
 
 after-acquired plant, to secure present and future advances, 767 
 bill of sale by way of mortgage of present and fature growing crops 
 
 and farming stock, without any interest in the land, 774 
 declaration in bill of sale that, shall be subject to security, 765 
 
 GENERAL WORDS, 
 
 in dififerent cases, 214, 215, 216, 217, 218 
 
 GOODWILL, 
 
 assignment of, of business, 418 
 
 bill of sale H)f, and of stock in trade as collateral security, 776 
 
 GRANT, 
 
 and sale of several rent-charges, each of which is made payable out of 
 
 separate freeholds, 358 
 of right of way, 405 
 
 of freeholds and right of way over other land, 407 
 of advowson, 422 
 of next presentation, 424 
 of advowson and annuity until vacancy, 425 
 
 GROWING CROPS, 
 
 assignment of, of com and grass, 413 
 
 bill of sale by way of mortgage of present and future, and farming 
 stock, without any interest in the land, 775 
 
 HOUSEHOLD FURNITURE, 
 
 bill of sale of, and other specified effects, by way of mortgage, 760 
 bill of sale by way of mortgage of, and other specified eft'ects, and oi 
 furniture, &c., to be subsequently added or substituted, 764 
 
 HUSBAND, 
 
 covenants for title by, on appointment by wife of freeholds under 
 
 power, 259 
 mortgage by, and wife of wife's lands, 562 
 covenants by, for title in mortgage of wife's lands, 562 
 
 IDENTITY, 
 
 conditions of sale as to, 64 
 
 INDEMNITY, 
 
 conditions of sale as to, against charges, 68 
 
 covenant by grantors in building grtmt to indemnify against para- 
 mount rent, 356 
 covenants by purchaser in assignment of goodwill of business to in- 
 demnify vendor against liabilities of business, 419 
 
 Digitized by Microsoft® 
 
INDEX TO THE PRECEDENTS. 835 
 
 INDORSEMENT, 
 
 conveyance of freeholds by way of collateral security, by, on mortgage 
 
 deed, 653 
 deed of further charge by, 684 
 
 transfer of mortgage of freeholds, without mortgagor's concurrence, 
 by, 689 
 
 of copyholds, with mortgagor's concurrence, by, 
 696 
 when mortgagor is dead, leaving infant heir, 
 and administratrix joins, by, 699 
 transfer of mortgage of copyholds where no surrender has been made, 
 
 by, 702 
 reconveyance of lands by mortgagee on payment of debt and interest, 
 
 by, 710 
 surrender of mortgaged term by representatives of mortgagee on pay- 
 ment of mortgaged debt, by, 711 
 release of lands by mortgagee of term for raising portions, &c., by, 
 712 
 
 INFANT, 
 
 covenants by father of one of the vendors that, shall join on attaining 
 twenty-one, 287 
 
 INSURANCE, 
 
 covenants in a mortgage to one for, against fire, 521, 522 
 covenants in a mortgage to persons lending on joint account for, against 
 fire, 528, 532 
 * by mortgagor in biU of sale for, of chattels against fire, 762, 766, 772 
 
 INTEREST, 
 
 conditions of sale as to, on purchase-money, 32, 42, 48, 52 
 proviso in mortgage to one for reduction of, 523 
 
 in mortgage to persons lending on joint account for reduction 
 of, 529 
 covenants in mortgage by father of mortgagor, and by his mother, so 
 as to bind her separate estate, to pay interest, 674 
 
 JOINT TENANTS, 
 conveyance by, 289 
 
 to purchasers as, 335 
 
 JUDGMENT, 
 
 assignment of, debt, 415 
 
 LAND TRANSFER ACT, 1875, 
 
 conditions of sale of freeholds where vendor has registered title under, 
 
 39 
 
 of leaseholds when vendor has registered title under, 
 
 41 
 
 3 u 2 
 
 Digitized by Microsoft® 
 
836 INDEX TO THE PRECEDENTS. 
 
 LAND TRANSFER ACT, 1815— amtinued. 
 charge by a registered proprietor under, 716 
 transfer of charge by a registered proprietor under, 716 
 
 LE iSB, 
 
 agreement for, of mills, with provision enabling lessee to purchase, 
 117 
 
 for building, for ninety-nine years, 119 
 
 for, of land on which several houses are agreed to be built 
 
 by the lessee, 122 
 for, of dwelling-house for three years, 125 
 conveyanee of freeholds, subject to, 228 
 
 reversion expectant on, to lessee under option of pur- 
 chase, 229 
 assignment of property comprised in several leases, 236 
 surrender of, to lessor, 412 
 power to mortgagor to, for twenty-one years, and to grant building 
 
 leases, 639, 642 
 agreement for moi'tgage of freeholds and leaseholds, accompanied by 
 deposit of, 678 
 
 LEASEHOLDS, 
 
 conditions of sale as to, house [and tenant's fixtures], in one lot, 37 
 
 freeholds and copyholds in lots, 41 
 agreement for sale of, 89 
 
 of, freeholds and copyholds by trustees, 95 
 
 of leasehold property held by underlease, and ' 
 
 tenant's fixtures, 91 
 of leasehold house and shop, and stock and good- 
 will of business, 92 
 assignment of, for years, 234 
 
 of a portion of, held under one lease at entire rent, the 
 rent being apportioned ; cross powers of distress and 
 entry, 241 
 of leaseholds for lives, 245 
 of, for residue of term determinable on lives, and of benefit 
 
 of covenant for renewal, 247 
 of, by executors, 239 
 assignment of, by trustee of bankrupt, 319 
 
 conveyance and declaration of trust of freeholds, copyholds, and, pur- 
 chased with monies arising from sale of settled property, 338 
 assignment of, and fixtures for separate use of married woman, 435 
 mortgage of, for years by demise, 538 
 
 by assignment, 541 
 for lives, to persons lendiog on joint account, 546 
 by executors, 568 
 mortgage of freeholds by grant, and of, by demise, 551 
 mortgage of freeholds and copyholds, and of, for a long term, 554 
 mortgage of, to building society, 604 
 
 Digitized by Microsoft® 
 
INDEX TO THE PRECEDENTS. 837 
 
 LEASEHOLDS— (m«TOKfd. 
 
 transfer of mortgage of, where further sum is advanced to mortgacor 
 694 ^^ 
 
 transfer of mortgage of freeholds and, on change of one of two trustees 
 
 705 
 mortgage of, with machinery tod plant, 767 
 
 LEGACY, 
 
 conditions of sale as to satisfaction of, 60 
 mortgage of, 658 
 
 mortgage by husband and wife of share of wife in freeholds, and of 
 reversionary share in legacy, and of policy to secure present and 
 future advances, 668 
 
 LESSEE, 
 
 conveyance of reversion expectant on lease to, 229 
 mortgage by assignment of premises comprised in building lease, to 
 secure sums advanced and to be advanced to lessee, 622 
 
 LETTERS PATENT, 
 assignment of, 416 
 mortgage of, goodwill, stock, &c., to two persons, 659 
 
 LIFE INTEREST, 
 
 assignment of, in stock, 429 
 
 mortgage of, in personalty and a policy of assurance, 578 
 ^ further charge on, and policy previously mortgaged, and collateral 
 security on new policy, 686 
 
 LIQUIDATORS, 
 
 conveyance of freeholds by, of Joint-Stock Company, 322 
 
 LIVES, 
 
 conveyance of leasehold estate for, 245 
 
 mortgage of leaseholds for, to persons lending on joint account, 546 
 appointment of receiver of rents of mortgaged leasehold estate for, 
 633 
 
 MACHINERY, 
 
 bill of sale by way of mortgage of, and plant belonging to colliery, in- 
 cluding after-acquired plant, to secure present and future advances, 
 767 
 
 of freehold workshop or factory and the trade machinery and plant 
 about the same, 770 
 
 of leasehold premises, &c., and plant, 773 
 
 MARRIED WOMAN, 
 
 assignment by a, of her reversionary interest in personalty under a will, 
 431 
 
 of leaseholds by widow and married daughter of an in- 
 testate, she having married since August, 187(i, 434 
 
 Digitized by Microsoft® 
 
838 INDEX TO THE PRECEDENTS. 
 
 MARRIED WOMATiJ- continued. 
 
 release by, of her equity to a settlement in personalty, 432 
 assignment of leaseliold premises and fixtures for sepaiate use of, 435 
 conveyance to, purchase made out of savings of business, carried on 
 under protection order, 439 
 
 MERGER, 
 
 of rent-charges in lieu of tithes, 426 
 
 MINES, 
 
 conveyance of freeholds reserving the, 371 
 conveyance of, without the surface, 374 
 
 MISDESCRIPTION, 
 
 conditions of sale as to error or, and compensation, 34, 35, 44, 52 
 
 MORTGAGE, 
 
 agreement for loan of a sum on, 114, 116 
 
 sale, where part of purchase-money is to remain on mort- 
 gage of property, 105 
 recital of, 262, 266 
 
 of sum due on, 262 
 conveyance by executor and heir of deceased transferee of, under power 
 
 of sale, 274 
 conveyance of freeholds subject to, debt, 275 
 of freeholds to one person, 516 
 of freeholds to persons lending on joint account, 524 
 of copyholds, 534 
 
 of leasehold messuage by demise, 538 
 of several leaseholds by assignment, 541 
 
 covenants by mortgagor in, of leasehold estate for lives, 547, 548 
 of freeholds and copyholds to persons lending on joint account, 549 
 of freeholds by grant, and of leaseholds by demise, 551 
 of freeholds by appointment and grant, and provision for payment by 
 
 instalments, 558 
 in fee of lands in possession of mortgagor, who attorns to mortgagee, 
 
 559 
 of leaseholds by executors, 568 
 of laud in exercise of a power of appointment, 560 
 by husband and wife of wife's lands, 562 
 of an equity of redemption, 564 
 
 with concurrence of prior mortgagee who postpones his mortgage, 566 
 of policy effected in name of mortgagor, 571 
 of policy effected in name of mortgagee, two sureties join in security, 
 
 575 
 of life interest in personalty and a policy of assurance, 578 
 of life estate in lands and of policies to two persons subject to prior, 
 
 580 
 of freeholds to secure re-transfer of stock and payment in meantime of 
 
 sums equal to dividends, 585 
 
 Digitized by Microsoft® 
 
INDEX TO THE PRECEDENTS. 839 
 
 MORTGAGE— cow^mwed 
 
 to secure re-transfer of stock and payment in meantime of interest on 
 
 proceeds, 587 
 conveyance of freeholds when part of purchase-money is retained by 
 
 purchaser and secured by, 589 
 of a mortgage debt and the security, 592 
 of freeholds, to secure existing debt and future advances, 595 
 to trustees of joint-stock bank to secure balance of account current, 597 
 to incorporated banking company to secure balance, 600 
 by member of partnership firm to firm of bankers to secure balance of 
 
 account current of partnership firm, 601 
 of freeholds to building society, 604 
 of leaseholds to buUding society, 607 
 to trustees for two persons advancing in equal shares, 610 
 declaration of trust of money secured on, and contributed by different 
 
 lenders in unequal proportions, 613 
 declaration of trust of part of a sum secured on contributory mortgage, 
 
 615 
 under trusts of a term to secure younger children's portions, 616 
 by trustees of term for raising portions with concurrence of portionists 
 
 and tenant for life, 618 
 by assignment of premises comprised in building lease to secure sums 
 
 advanced and to be advanced to lessee to complete unfinished houses, 
 
 622 
 by builder, of land comprised in agreement entitling him to separate 
 
 leases, to secure advances for completing houses, 626 
 by builder, to firm of solicitors to secure balance of account current, 
 
 630 
 of land with provision adopting with certain variations power to appoint 
 
 receiver conferred by Lord Cranworth's Act, 638 
 in fee, with fower to mortgagor to lease for twenty^one years, and to 
 
 grant building leases for ninety-nine years, 639 
 of large estate in mining district, with power to mortgagor to lease 
 
 for twenty-one years, and to grant building, repairing, and mining 
 
 leases, 641 
 of shares in railway company, 656 
 of legacy, 658 
 of letters-patent, &c., 659 
 of reversionary interest in stock belonging to mortgagor, and of annuity 
 
 belonging to his wife, to secure present and future advances, 664 
 by husband and wife of share of wife in freeholds and of reversionary 
 
 share in legacy and of policy to secure present and future advances, 
 668 
 of reversionary interest in share of personal estate under will, 673 
 by tenant for Ufe and reversioner of interests in residuary estate, rever- 
 sioner joins as surety, 675 
 agreement for, of freeholds and leaseholds accompanied by deposit of 
 lease, 678 
 
 Digitized by Microsoft® 
 
8-iO INDEX TO THE PRECEDENTS. 
 
 M.ORTGAG'E— continued. 
 
 transfer of, of freeholds without mortgagor's concurrence, 687 
 
 hy indorse- 
 ment, 689 
 where mortgagor joins, 689 
 where mortgagor joins, and new powers and 
 
 covenants are inserted, 690 
 where further sum is advanced to mortgagor, 692 
 and leaseholds on change of one of two trustees, 
 705 
 of leaseholds where further sum is advanced to mortgagor, 
 
 694 
 of copyholds with mortgagor's concurrence, by indorsement) 
 696 
 
 where mortgagor is dead leaving infant 
 heir and administratrix joins, by indorse- 
 ment, 699 
 of copyholds where no surrender has been made, by in- 
 dorsement, 702 
 of policy and stock in which mortgagor joins to charge ad- 
 ditional property, 703 
 of freehold workshop or factory, and the trade machinery and plant 
 
 about the same, 770 
 of leaseholds with machinery and plant, 773 
 
 MORTGAGE DEBT, 
 
 mortgage of a, and the security, 592 
 assignment of, and securities, 688 
 
 assignment of two, and securities for each, and conveyance of additional 
 property as security for old debts and new advance, 707 
 
 MORTGAGEE, 
 
 conveyance by mortgagor and, where part of purchase-money is paid to, 
 
 262 
 conveyance by mortgagor and, by mortgagees for term who are satisfied 
 
 as to sufficiency of remaining security, 266 
 conveyance by, under power of sale, 272 
 conveyance of equity of redemption to, 277 
 conveyance by vendor and his, to a trustee for purchaser, mortgage 
 
 being kept on foot as protection, 278 
 conveyance of freeholds by trustee of bankrupt with concurrence of, 316 
 proviso that, shall not call in money for a term, 523, 529 
 declaration that mortgagees are jointly entitled, 525 
 mortgage of lands in possession of mortgagor, who attorns to mort- 
 gagee, 559 
 with concurrence of prior, who postpones his mortgage, 566 
 covenant by prior, against incumbrances, 567 
 conveyance to, to secure part of purchase-money, 589 
 mortgage of policy effected in name of, two sureties join in security, 
 575 
 
 Digitized by Microsoft® 
 
INDEX TO THE PRECEDENTS. 841 
 
 MORTGAGEE— cowJmaed. 
 
 mortgage to trustees for two mortgagees, advancing in equal shares, 
 610 
 
 covenant by, to procure admission and to surrender to transferee, 699 
 re-conveyance of knds by, on payment of debt and interest, by indorse- 
 ment, 710 
 re-conveyance by administrator of, on payment of debt and interest, 
 
 710 
 release of lands by, of a term for raising portions, &c,, 712 
 surrender of mortgaged term by representative of, on payment of mort- 
 gage debt, by indorsement, 711 
 
 MORTGAGOR, 
 
 conveyance by devisee of, 264 
 
 covenant by, to pay principal and interest, 516 
 
 proviso that, shall not pay off before end of term, 524 
 
 mortgage of lands in possession of, who attorns tenant to mortgagee, 
 
 559 
 mortgage of policy effected in name of, 571 
 covenants by, in last mortgage, 572 
 covenants by, and his sureties, in mortgage of policy effected in name 
 
 of mortgagee, 576, 577 
 covenants by, in mortgage of life estate in lands and policies to two 
 
 persons subject to prior mortgage, 579 
 covenants by, to pay principal and interest and future advances, in 
 
 mortgage to secure existing debt and future advances, 596 
 covenants by, in mortgage to trustees of joint-stock bank, 597 
 covenants by, in mortgage of premises comprised in building lease to 
 
 pay sums advanced and to be advanced to lessee, 624 
 covenants by, in deed appointing receiver, 635 
 power for, to lease for twenty-one years and to grant building leases, 
 
 639, 642 
 covenants by, to surrender copyholds to transferee, 696 
 covenants by, in bill of sale of furniture and other effects by way of 
 mortgage, 760, 762 
 
 in bill of sale of present and future machinery, &c., 
 belonging to colliery, to secure present and future 
 advances, 768 
 in mortgage of freehold workshop or factory, and the trade 
 machinery and plant about the same, 770 
 
 NEXT PRESENTATION, 
 agreement for sale of, 102 
 
 of, and annual sum equal to interest on purchase- 
 money, until a vacancy, 103 
 of, where purchase-money is to be invested until 
 vacancy, and income received by purchaser, 104 
 grant of, to a rectory, 424 
 
 Digitized by Microsoft® 
 
842 INDEX TO THE PRECEDENTS. 
 
 PARCELS, 
 
 with general words, 214 
 
 close of land, 214 
 
 house in suburb, 214 
 
 house in a street, 215 
 
 plot of building land with house erected thereon, 215 
 
 farm and lands, 216 
 
 large estate, comprising manor, advowson, mansion house, and farms, 
 
 216 
 copyholds, 217 
 freeholds and copyholds intermixed where they cannot be distinguished 
 
 217 
 freeholds and copyholds where they cannot be distinguished (another 
 
 form), 217 
 by reference to schedule, 218 
 
 PARTITION ACT, 1868, 
 
 conveyance on a sale under, when property has descended on two 
 co-heiresses, of whom one is an infant, 384 
 
 PARTNERS, 
 
 conveyance of freeholds to two, 298 
 
 mortgage of freeholds by member of a partnership firm to firm of 
 bankers to secure balance of account of the partnership firm, 601 
 
 PATENT, 
 
 agreement to procure letters, and to sell moiety of invention, 135 
 
 POLICY, 
 
 assignment of a life assurance, 420 
 mortgage of, effected in name of mortgagor, 571 
 in name of mortgagee, 575 
 mortgage of life interest in personalty and a, 578 
 mortgage of life estate in lands and of policies to two persons subject 
 
 to prior mortgage, 580 
 assignment of, by way of additional security, 654 
 mortgage by husband and wife of wife's share in freeholds and of her 
 
 reversionary share in legacy, and a, to secure present aiid future 
 
 advances, 668 
 further charge on life interest and previously mortgaged, and collateral 
 
 security on new, 686 
 transfer of mortgage of, and sum of stock in which mortgagor ioins to 
 
 charge additional property, 703 
 
 PORTIONS, 
 
 mortgage of lands under the trusts of a term to secure younger 
 
 children's, 616 
 mortgage by trustees of tenn for raising, with concurrence of portionists 
 and tenant for life, 618 
 
 with concurrence of tenant for life for 
 raising part of expectant, of younger 
 son for advancement, 620 
 release of lands by mortgagee of a term for raising, 712 
 
 Digitized by Microsoft® 
 
INDEX TO THE PRECEDENTS. 84S 
 
 POWER, 
 
 conveyance to trustees under a, in settlement to lay out trust money in 
 
 purchase of land, 334 
 declaration of trust of lands purchased under, in settlement of personal 
 
 estate, 335 
 conveyance to uses of real property settlement, where purchase made 
 
 with moneys arising from sale of settled property under a, of sale, 
 
 336 
 of distress and entry in building grant, 351, 354 
 in building grant to grantor to re-enter in case of default, 353 
 of distress and entry in conveyance in consideration of annuity, 387 
 to purchaser, in conveyance in consideration of annuity, to buy govern- 
 ment annuity by way of substitution, 391 
 to appoint new trustee, 391 
 mortgage of land in exercise of general, 560 
 to mortgagor to lease for twenty-one years, and to grant building 
 
 leases, 639 
 to mortgagor to lease for twenty-one years, and to grant building and 
 
 repairing and mining leases, in mortgage of large estate in mining 
 
 district, 642 
 
 POWER OF ATTORNEY, 
 
 grant of freeholds to purchaser under, 296 
 
 in bill of sale to mortgagee to perfect assignment as to future property, 
 765 
 
 POWER OF SALE, 
 
 conveyance by mortgagee under, 272 
 
 executor and heir of deceased transferee of mortgage 
 under, 274 
 conveyance by trustees under, in a settlement, 307 
 in a mortgage of freeholds to one, 517 
 
 to persons lending on joint account, 526 
 in mortgage of copyholds, 535 
 in mortgage of a leasehold messuage by demise, 540 
 in mortgage of several leaseholds by assignment, 544 
 in mortgage of freeholds and copyholds to persons lending on joint 
 
 account, 550 
 in mortgage of freeholds and of leaseholds by demise, 552 
 in mortgage of freeholds and copyholds, and of leaseholds for long 
 
 term, 556 
 in mortgage of equity of redemption, 565 
 
 in mortgage where prior mortgagee postpones his mortgage, 567 
 in mortgage by executors, 570 
 
 in mortgage of policy effected in name of mortgagor, 573 
 in mortgage of life interest in personalty and policy, 579 
 in mortgage of life estate in lands and of policies subject to prior 
 
 mortgage, 583 
 in mortgage to secure re-transfer of stock, 586 
 in mortgage to trustees of joint-stock banking company, 598 
 
 Digitized by Microsoft® 
 
844 INDEX TO THE PEECEDENTS. 
 
 POWER OF SAL'S:— continued. 
 
 in mortgage to trustees for two persons advancing in equal shares, 611 
 in mortgage of shares in railway company, 657 
 in bill of sale of furniture and other effects by way of mortgage, 761 
 in mortgage of present and future machinery to secure present and 
 
 future advances, 769 
 in bill of sale of goodwill and stock in trade, 778 
 in mortgage of freehold workshop or factory and trade machinery and 
 
 plant, 770 
 
 POWER OF SALE AND EXCHANGE, 
 
 direction and appointment to produce deeds by trustees selling under) 
 — tenant for life joins to covenant for production- during his life, 
 452 
 
 PROVISOES, 
 
 In Mortgages, 
 
 for redemption in mortgage to one, 516, 520 
 
 for reduction of interest in case of punctual payment in a mort- 
 gage to one, 523 
 
 that mortgagee shall not call in for a term, 523, 529 
 
 that mortgagor shall not pay off before end of term, 524, 530 
 
 for redemption in mortgage to persons lending on joint account, 
 525, 531 
 
 for reduction of interest in case of punctual payment in a mort- 
 gage to persons lending on joint account, 529 
 
 for redemption in mortgage of copyholds, 535 
 
 for redemption in mortgage of a leasehold messuage by demise, 
 538 
 
 for payment of mortgage money by instalments, 558 
 
 for redemption in mortgage of land in exercise of general power, 
 561 
 
 for redemption in mortgage with concurrence of prior mortgagee, 
 who postpones his mortgage, 567 
 
 for redemption in mortgage of policy effected in name of mort- 
 gagor, 572 
 
 for redemption in mortgage of life estate in lands and policies 
 subject to prior mortgage, 579 
 
 for redemption in mortgage to secure re-transfer of stock, 585 
 
 in mortgage of mortgage debt and the security, 594 
 
 in mortgage to secure existing debt and future advances, 595 
 
 in mortgage to trustees of joint-stock bank, 598 
 
 in mortgage by member of partnership firm to firm of bankers, 603 
 
 PURCHASE MONEY, 
 
 conditions of sale as to payment of, 34, 42, 47, 49, 52 
 conveyance of freeholds where part of, is retained by purchaser and 
 secured by mortgage, 689 
 
 by direction of purchaser to mortgagee to 
 secure part of, 591 
 
 Digitized by Microsoft® 
 
INDEX TO THE PRECEDENTS. 845 
 
 PURCHASEE, 
 
 conveyance to a sub-purchaser, the original purchaser joining, 375 
 covenants for production of deeds from one, to another, 446 
 
 by one, with a former purchaser of 
 
 part by way of substitution, 451 
 by, with vendor, 447 
 
 EAILWAY COMPANY, 
 
 agreement for sale to, purchase-money to include compensation for 
 severance, 107 
 
 to, power to company to take possession before 
 completion on depositing purchase- money, lid 
 conveyance by owner in fee to, 343 
 conveyance by tenant for life to, 346 
 conveyance by owner in fee of copyholds to, 348 
 conveyance by, of superfluous lands, 349 
 mortgage of shares in, 656 
 
 RECEIPTS, 
 
 for moneys to be indorsed on mortgage to a building society, 715 
 
 RECEIVER, 
 
 appointment of, of rents of mortgaged leasehold estate for lives, 633 
 mortgage of land, with provision adopting with certain variations 
 power to appoint, conferred by Lord Cranworth's Act, 638 
 
 RECITALS, 
 
 condition of sale for making, in deeds twenty years old conclusive, 33 
 In Purchase Deeds, 
 
 of conveyance to vendor to uses to bar dower, 224 
 
 of agreement for sale by vendor of freeholds, 218, 225 
 
 of lease by vendor for ninety-nine years, 228 
 
 of surrender of copyholds to purchaser, 233 
 
 of agreement for sale of leaseholds for years, 234 
 
 freeholds and copyholds, 251 
 freeholds and leaseholds, 252 
 freeholds, copyholds, and leaseholds, 255 
 of arrangement as to apportionment of purchase-money, 251 
 of mortgage of freeholds, 262, 268 
 of sum due on mortgage, 262 
 
 of agreement for payment of mortgage out of purchase-money, 262 
 that mortgagees are satisfied as to sufficiency of remaining security, 
 
 267 
 of agreement for sale in conveyance by mortgagee under a power, 
 
 273 
 of transfer of mortgage, 274 
 
 of agreement for sale subject to mortgage debt, 276 
 of adjudication in bankruptcy and appointment of trustee, 315 
 of power of attorney, 296 
 of settlement of real estate, 308 
 
 Digitized by Microsoft® 
 
846 INDEX TO THE PRECEDEKTS. 
 
 EEGITALB— continued. 
 In Purchase Deeds, 
 
 of grant of administration, 333 
 
 of Railway Act, 344 
 
 of grant reserving perpetual rent, 362 
 
 of agreement for sale of one of several houses, subject to proportion 
 
 of rent-charge, 367 
 of chancery proceedings, 376, 377, 380, 381, 382, 384 
 of agreement for sale by trustees of charity, 385 
 
 for sale in consideration of annuity, 386 
 
 for enfranchisement, 393 
 
 to surrender lease to lessor, 412 
 of agreement for sale of judgment debt, 415 
 of grant of letters patent, 416 
 of agreement for sale of goodwill, 418 
 of policy of assurance, 420 
 of agreement for sale of next presentation, 424 
 of settlement of stock in trust for vendor for life, 429 
 of agreement by wife to purchase lease and fixtures, 436 
 In Mortgages, 
 
 of agreement for mortgage, 516 
 of indenture of lease, 538 
 
 of agreement by prior mortgagee to postpone his security, 566 
 of policy on life of mortgagor effected in name of mortgagee, 576 
 of agreement that part of purchase-money should remain on secu- 
 rity, 590 
 of mortgage, 592 
 
 that mortgagor is indebted to bank on his account current, 597 
 of sum already expended by mortgagor in building, 622 
 of agreement for appointment of receiver, 633 
 of principal mortgage deed, 652 
 
 of transfer of railway shares by mortgagor to mortgagee, 656 
 of agreement for further advance, 684, 686 
 
 of agreement for transfer of mortgage, 687, 689, 690, 692, 699, 704 
 of conditional surrender to mortgagee, 696, 699 
 that no surrender has been made of copyholds to mortgagee, 702 
 that mortgagors are lessees of colliery, &c., 767 
 
 EECONVEYANCE, 
 
 conditions of sale as to presumption of, of legal estate, 61 
 of lands by mortgagee on payment of debt and interest by indorse- 
 ment, 710 
 of property by administrator of mortgagee on payment of mortgage 
 debt and interest, 710 
 
 RELEASE, 
 
 of executory devise, 400 
 
 of lands by mortgagee of terms for raising portions, &c., 712 
 
 of rent-charge, &o., to owner of land, charged therewith, 411 
 
 Digitized by Microsoft® 
 
INDEX TO THE PRECEDENTS. 847 
 
 REMAINDER, 
 
 . agreement for sale of estate for life and, 99 
 convej'ance of estate for life anrl, 329 
 conveyance of, in fee simple, 331 
 
 RENTS, 
 
 conditions of sale as to ground, 59 
 
 agreement for sale of freeholds subject to perpetual, 100 
 
 agreement for building grant in consideration of perpetual, 111 
 
 grant of land for building in consideration of perpetual, 350 
 
 grant by tenants in common in consideration of perpetual, 354 
 
 appointment of land for building by tenant fur life under power in 
 
 consideration of perpetual, 357 
 conveyance of one of several bouses subject to proportion of, 367 
 grant and sale of several, each being made payable out of separate 
 
 freeholds, 358 
 conveyance of freeholds whii;h are subject to perpetual, 362 
 conveyance of perpetual, issuing out of freeholds, 364 
 grant of land by mortgagor and mortgagee in consideration of rent 
 
 reserved to mortgagee, 366 
 release of rent to owner of land charged therewith, 411 
 
 RESIDUARY PROPERTY, 
 
 assignment of share in, under will, 428 
 
 mortgage by tenant for life and reversioner, of their interests in, the 
 reversioner joins as surety, 675 
 
 REVERSIONARY INTEREST, 
 
 conditions of sale as to, in personalty, policies, &c., 48 
 
 agreement for sale of, in freeholds, 97 
 
 mortgage of, in stock belonging to mortgagor, and of annuity belonging 
 
 to his wife to secure present and future advances, 664 
 mortgage of, in share of personal estate under will, 673 
 
 SCHOOL BOARD, 
 
 conveyance by tenant for life of land to a, 443 
 
 SETTLED ESTATES ACT, 1877, 
 conveyance on sale under, 378 
 
 SOLICITORS, 
 
 trustees being, to be entitled to charge for professional business, 651 
 mortgage by firm of, to secure balance of account current, 630 
 
 STOCK, 
 
 mortgage of freeholds to secure re-transfer of, and payment in mean- 
 time of sums equal to dividends, 585 
 
 SUCCESSION DUTY, 
 
 conditions of sale as to, 71 
 
 Digitized by Microsoft® 
 
848 INDEX TO THE PRECEDENTS. 
 
 SUCCESSION jyUTY— continued. 
 
 provisions as to, on conveyance by tenant for life and remainderman, 
 
 329 
 covenant by purchaser to pay, on conveyance of remainder in fee, 331 
 
 SUEETIES, 
 
 mortgage of policy effected in name of mortgagee ; two, join in secu- 
 rity, 575 
 
 SURRENDER, 
 
 out of court of copyholds, 231 
 
 where vendor is married woman, 232 
 recital of, of copyholds, 233 
 
 conditional, of copyholds, 268 
 of lease to lessor, 412 
 conditional, of copyholds, 537 
 warrant to enter up satisfaction of conditional, 697 
 conditional, by mortgagor to transferee of mortgage, 698 
 admission of mortgagee to copyholds and, to transferee pursuant to 
 
 covenant, and admission of transferee, 700 
 of mortgaged term of years by representative of mortgagee on pay- 
 ment of mortgage debt, by indorsement, 711 
 
 TENANTS IN COMMON, 
 
 agreement by, for partition, 127 
 conveyance by two, 280 
 
 by three tenants in common, two being mairied women, 
 
 281 
 by several tenants in common, the share of one having 
 been assured on trust for sale, 283 
 grant of undivided moiety in freeholds by one, to his co-tenant, 288 
 grant of freeholds to, 295 
 
 TERM, 
 
 mortgage of lands under trusts of, to secure younger children's portions, 
 where portionists do not join, 616 
 
 where portionists and tenant for life concur, 618 
 mortgage by trustees of, with concurrence of tenant for life, for raising 
 
 part of expectant portion of younger son, 620 
 surrender of mortgaged, by representative of mortgagee, on payment 
 
 of mortgaged debt by indorsement, 711 
 release of lands by mortgagee of, for raising portions, &c., 712 
 
 TIMBER, 
 
 conditions of sale as to, 32, 42, 51 
 of standing, 53 
 
 TITHES, 
 
 conditions of sale as to, 65 
 
 merger of rent-charges in lieu of, 426 
 
 Digitized by Microsoft® 
 
INDEX TO THE PRECEDENTS. 849 
 
 TITLE, 
 
 conditions of sale as to commencement and evidence of, 56 
 TITLE DEEDS, 
 
 deed of arrangement between mortgagor and mortgagees of distinct 
 parts of his estates where the, relating to property comprised in the 
 mortgages were deposited with bankers on account of the several 
 mortgagees, 717 
 deed of arrangement as to, deposited with solicitor on behalf of several 
 mortgagees of different properties, and of the owners of other pro- 
 perties to which the deeds relate, 722 
 
 TRANSFER, 
 
 recital of, of mortgage, 274 
 
 of mortgage of freeholds without mortgagor's concurrence, 687 
 
 by indorse- 
 ment, 689 
 of mortgage of freeholds where mortgagor joins, 689 
 of mortgage of freeholds where mortgagor joins, and new powers and 
 
 covenants are inserted, 690 
 of mortgage of freeholds where further sum is advance<l to mort- 
 gagor, 692 
 
 of mortgage of leaseholds, where further sum is advanced to mort- 
 gagor, 694 
 of mortgage of copyholds with mortgagor's concurrence, by indorse- 
 ment, 696 
 
 when no surrender has been made, by in- 
 dorsement, 702 
 where mortgagor is dead leaving an infant 
 heir, and administratrix joins in, by in- 
 dorsement, 699 
 of mortgage of policy and sum of stock in which mortgagor charges 
 
 additional property with debt, 703 
 of mortgagee of freeholds and leaseholds on change of one of two trus- 
 tees, 705 
 of two several mortgage debts, and securities for each, and conveyance 
 of additional property by mortgagor as security for old debts and 
 further advance, 707 
 
 TRUSTEES, 
 
 conveyance by, under a testamentary trust for sale, 301, 303 
 
 under a power in settlement, 307 
 covenant for production of deeds by, 304, 450 
 covenant by, against incumbrances, 3O0, 312 
 conveyance to, as purchasers under a power in settlement to lay out 
 
 trust money in purchase of land, 334 
 direction and appointment to produce deeds by, selling under power 
 
 of sale and exchange, 452 
 mortgage to, of joint-stock bank to secure balance of account current 
 
 597 
 mortgage to, for two persons advancing in eq\ml shares, 610 
 
 VOL. I. St 
 
 Digitized by Microsoft® 
 
850 INDEX TO THE PRECEDENTS. 
 
 TRUSTEES— coniijfued. 
 
 mortgage by, of a term for raising portions with concurrence of por- 
 
 tionists and tenant for life, 618 
 mortgage by, of term with concurrence of tenant for life for raising 
 
 part of expectant portion of younger son, 620 
 transfer of mortgage of freeholds and leaseholds on change of one of 
 
 two, 705 
 
 VENDOR, 
 
 conveyance by heir and personal representative of deceased, 333 
 covenant for production of deeds by, 220, 222, 445 
 conveyance by, reserving to himself life interest and covenanting to 
 repair, insure, &c., 341 
 
 ■WARRANT, 
 
 to enter up satisfaction of conditional surrender, 697 
 
 WAY, 
 
 grant of right of, 405 
 
 WIPE, 
 
 conveyance by husband and, of wife's freeholds, 257 
 
 appointment by, under power in which husband joins to covenant for 
 
 title, 259 
 conveyance of freeholds to trustee for separate use of purchaser's, 260 
 conveyance in 'which, joins to release her dower, 262 
 assignment by, married since the 9th of August, 1870, of leaseholds 
 
 acquired since that date under intestacy, 434 
 mortgage by husband and, of wife's lands, 562 
 
 END OF VOL. I. 
 
 BKADBDBV, AOKEW, & CO., paiSTEBa, WUITEFRUM. 
 
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 and S. WARD, Solicitors. 12mo. 1878. 3s. 
 
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 cluding the Crossed Checks Act, 1876, with dissertations thereon, also 
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 mary of Banking Law."— Sofiofors' Journal, March 23, 1878. 
 
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 Law. 8vo. 1876. 11. 8s. 
 
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 BILLS OF EXCHANGE.— Chalmers' Digest of the La^^r 
 of Bills of Bxchan,ge, Promissory Notes, and 
 Cheques. By M. D. CHALMERS, of the Inner Temple, Esq., 
 Barrister-at-Law. Demy 8vo. 1878. 12s. Sd. 
 
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 perfectly plain that no pains have been spared to render it complete in every respect.. 
 The index is copious and well arranged,"— jSafMTtZay Review, May 3, 1879, 
 
 " The book is not onljr well planned, but well executed for the rising genera- 
 tions and for men of business this digest will be a gift of no small value." — PaU Mall 
 Gazette, January SO, 1879. 
 
 Chitty on Bills of Exchange and Promissory 
 Notes, >with references to the law of Scotland, 
 France and America. — ^Eleventh Edition. By JOHN A. 
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 of County Courts. Demy 8vo. 1878. li!. 8s. 
 
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 BILLS OF SALE— Millar's Bills of Sale.— A Treatise on BiUs 
 of Sale, with an Appendix containing the Acts for the Registration 
 of BiUs of Sale, Precedents, &c. (being the Poiurth Edition of 
 Millar and Collier's Treatise on Bills of Sale). By F. C. J. MILLAR, 
 of the Inner Temple, Esq., Barrister-at-Law. ]2mo. 1877. 123. 
 " The original work is brought down to date, and the latest cases are referred to and 
 
 considered. The value o'f the work is enhanced throughout by care^l annotation." 
 
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 BOOK-KEEPING.— Bedford's Intermediate Examina- 
 tion Guide to Boole- keeping.— Second Edition. 12mo. 
 1875. Mt, 2s. 6d. 
 
 CANAL TRAFFIC ACT.— Lely's Railw^ay and Canal Traf- 
 fic Act, 187S. — ^And other Railway and Canal Statutes ; with 
 theGeueralOrders, Forms, and Table of Fees. PostSvo. 1873. 8s. 
 
 CARRIERS — Browne on Carriers.— A Treatise on the Law of 
 Carriers of Goods and Passengers by Land and Water. With 
 References to the ;mo3t recent American Decisions. By J, H 
 BALFOUR BROWNE, of the Middle Temple, Esq., Barrister-at- 
 Law, Registrar to the Railway Commission. 8vo. 1873. 18s. 
 
 CHANCERY and Vide " EQUITY." 
 
 Daniell's Chancery Practice. — Sixth Edition, by 
 LEONARD FIELD and EDWARD CLENNELL DUNN, 
 Barristers-at-Law; assisted by W. H. UPJOHN, Student and 
 Holt Scholar of Gray's Inn, &c., &c.. Editor of " Daniell's Forms, 
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 with Dissertations and Notes, forming a complete guide to the prac- 
 tice of the Chancery Division of the High Court and of the Courts 
 of Appeal. Being the Third Edition of "Daniell's Chancery Forms." 
 By WILLIAM HENE.Y UPJOHN, Esq., Student and Holt 
 Scholar of Gray's Inn, Exhibitioner in Jurisprudence and Roman 
 Law in the University of London, Holder of the First Senior Stu- 
 dentship in Jurisprudence, Roman Law and International Law 
 awarded by the Council of Legal Education in Hilary Term, 1879. 
 In one thick vol. Demy 8vo. 1879. 2i. 2s. 
 
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 Practice of the Chancery Division Of the High 
 Court of Justice and on Appeal therefrom, for 
 the use of Practitioners and Students. — By 
 JOHN F. HAYNES, LL.D. Author of the " Students Leading 
 Cases," &o. [In the press.) 
 
 Morgan'sActs and Orders, Fifth Edition. 1876.— 
 The Statutes, General Orders, and Rules of Court relating to the 
 Practice, Pleading, and Jurisdiction of the Supreme Court of Judi- 
 cature, particularly^ with reference to the Chancery Division, and 
 the Actions assigned thereto. With copious Notes. Fifth Edition 
 Carefully revised and adapted to the new Practice by GEORGE 
 OSBORNE MORGAN, M.P., one of Her Majesty's Counsel, and 
 CHALONEE W. CHUTE, of Lincoln's Inn, Barrister-at-Law, and 
 late Fellow of Magdalen College, Oxford. In 1 vol. Demy 8vo. 
 1876. U lOs. 
 
 *' This edition of Mr. Morgan's treatise must, we believe, be the most popular with the 
 
 profession."— Zaw Timet, December 9, 1876. 
 
 '* This new edition will maintain and enhance the high repntatioa deservedly gained 
 
 by the original work."— iow Magatine and Bemeip, February, 1877. 
 
 Morgan and Davey's ChanceryCosts.—FMe "Costs." 
 
 Peel's Chancery Actions.— A Concise Treatise 
 
 on the Practice and Procedure in Chancery 
 
 Actions.— By SYDNEY PEEL, of the Middle Temple, Esq., 
 
 Barrister-at-Law. Demy 8vo. 1878. 7i. Gd. 
 
 " To Chancery practitioners of both branches the volume will doubtless prove very 
 
 Hsefnl."— iow Times, July 20, 1878. 
 
 CHURCH AND CLERGY.— Phillimore.—F«ie"EcclesiasticalLaw." 
 Stephen's Laws relating to the Clergy.— 2 vols. 
 Royal 8vo. 1848. 21. 18s. 
 
 CIVIL LAW — Bowyer's Commentaries on the Modern 
 Civil Law.— By Sir GEORGE BOWYER, D.C.L., Royal 
 8vo. 1848. 18s. 
 
 Bowver's Introduction to the Study and Use 
 of the Civil Law.— By Sir GEORGE BOWYER, D.C.L. 
 Royal 8to. 1874. 5s. 
 
 Cumin's Manual of Civil Law, contaming a Translation 
 of, and Commentary on, the Fragments of the XII. Tables, and 
 the Insiitutes of Justinian ; the Text of the Institutes of Gaius and 
 Justinian arranged in parallel columns ; and the Text of the Frag- 
 ments of Ulpian, &c. By P. CUMIN, M.A,, Barrister-at-Law. 
 Second Edition. Medium 8vo. 1865. 18«. 
 
 Greene. — Vide "Roman Law." 
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8 STEVENS AND SONS' LAW PTTBLICATIONS, 
 
 CIVIL LA.VI.— Continued. " 
 
 Meaps. — Vide "Roman Law." 
 Voet Commentarius ad Pandeetas, Translated 
 
 into English.— Part I. The Contnaot of S*le. (Book xviii.) 
 
 By SIE ROLAND KNYVBT WILSON, Bart., of Lincoln's Inn, 
 
 Barrister-at-Law. Royal 8vo. 1876. Net 11. Is. 
 
 COLLISIONS.— Lo^^rndes' Admiralty Law of Collisions 
 
 at Sea.— 8vo. 1867. 7s. 6d. 
 
 COLONIAL LAW.— Clark's Colonial La-w.- A Summary of 
 
 Colonial Law and Practice of Appeals from the Plantations. 8vo. 
 
 1834. 11. is. 
 
 COMMENTARIES ON THE LAWS OF ENGLAND.- Bedford.— 
 
 Vide "Examination Guides." 
 
 Bo"wyep. — Vide "Constitutional Law." 
 
 Broom and Hadley's Conimentaries on the 
 
 Laws of England.— By HERBERT BROOM, LL.D., of 
 
 the Inner Temple, Barrister-at-Law ; and EDWARD A. HAD- 
 
 LEY, M.A., of Lincoln's Inn, Barrister-at-Law ; late FeEow of 
 
 Trinity CoU., Cambridge, i vols. 8vo. 1869. SI. 3s. 
 
 " MesBrp, Broom and Hadley baVe been unsparing in tlieir editorial labours. There 
 
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 copious index to eaph volume. Nothing that could be doije to mal^e the work useful 
 
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 COMMERCIAL LAW.— Levi's International Commercial 
 La"W. — Being the Principles of Mercantile Law of the following 
 and other Countries — viz. : England, Scotland, Ireland, British 
 India, British Colonies, Austria,, Belgium, Denmark, France, Ger- 
 many, Greece, Italy, Netherlands, Norway, Prussia, Russia, Spain, 
 Sweden, Switzerland, United States, and'Wiirtemburg. By LEONE 
 LEVI, Esq., F.S.A., P.S.S., of Lincoln's Inn, Barrister-at-Law, &c. 
 Second Edition. 2 vols. Royftl 8vo. 1863. 11. 15s. 
 
 Smith. — Vide "Mercantile Law." 
 COMMON LAW. — Arehbold's Praotiee in the Queen's- 
 Bench, Cornmon Pleas, and Excliequer Divi- 
 sions of the High Court of Justice. — Thirteenth 
 Edition. By SAMUEL PRENTICE, one of Her Majesty's 
 Gonnsel. (Ready in Septeniber.) 
 
 Archibald. — Vide "Judges' Chambers Practice." 
 
 Brgiitiivvpite, — Vide "Oaths." 
 
 Fisher. — Vide " Digests!" 
 
 Foulll0S. — Vid? "Action." 
 
 Oij-cters g.nd Rules of the High Court of Justice, 
 Common Law Divisions.— Published by Authority, as 
 issued. 
 
 prentice. — Vide "Aotion." 
 
 Smith's Manual of Common Law.— For Practitioners 
 ?i,n4 Students. A Manual of Common Law, comprising the funda- 
 mental principles £|.n4 the points moat usiylly ocpurring in daily 
 life and practice. By JOSIAH W. SMITH, B.C.L., Q.C. 
 Eighth Editio^, 12mo. 1878. 14«. 
 
 CQIVIiyi.ONS AND INCLOSURES,- Chambers' Digest of the 
 Law- relating to Commons and Open Spaces. 
 By GEORGE F, CHAMBERS, of the Inner Temple, Esq., 
 Barrister-at-Ljiw. In»pprial 8vo. 1877. 6!. 6rf. 
 
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 COMPANY LAW.— Finlason's Report of the Case of 
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 Palmer. — Vide "Conveyancing." 
 
 Palmer's Shareholders' and. Directors' Legal 
 Companion. — ^A Manual of every-day Law and Practice for 
 Promoters, Shareholders, Directors, Secretaries, Creditors and Solici- 
 tors of Companies, under the Companies' Acts, 1862, 1867, and 1877. 
 By FEANCIS B. PALMER, Esq., Barrister-at-Law. 12mo. 
 1878. Net, 2s. 6d. 
 
 Thring.— Fide " Joint Stocks." 
 
 CONTINGENT REMAINDERS.— An Epitome of Fearne on 
 Contingent Remainders and Executory De- 
 vises. Intended for the Use of Students. By W. M. C. Post 
 8vo. 1878. 6s. Qd. 
 
 "An acquaintance with Fearne is indispensable to a student wlio deaires to bg 
 thoroughly gronnded in the common law relating to real property. Bucli student will 
 find a perasal of this epitome of great value to him." — Law Journal, October 19, 1878. 
 
 CONSTITUTIONAL LAW.-Bowyer's Commentaries on 
 the Constitutional Law of England. — By Sir 
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 CONTRACTS. — Addison on Contracts. — Being a Treatise on 
 the Law of Contracts. By C. G. ADDISON, Esq., Author of 
 the "Law of Torts." Seventh Edition. By L. W. CAVE, Esq., one 
 of Her Majesty's Counsel, Recorder of Lincoln. Royal 8vo. 
 1875. 11. 18s. 
 
 "At preaeut this is by far the best book upon the Law of Contract possessed by the 
 
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 Leake on Contracts. — ^An Elementary Digest of the Law 
 of Contracts (being a new edition of " The Elements of the Law of 
 Contracts"). By STEPHEN MARTIN LEAKE, Barrister-at- 
 Law. 1 vol. Demy 8vo. 1878. IZ. 18s. 
 Pollock's Principles of Contract at Law and in 
 Equity ; being a Treatise on the General Principles relating to the 
 Validity of Agreements, with a special view to the comparison of 
 Law and Equity, and with references to the Indian Contract Act, 
 and occasionally to American and Foreign Law. Second Ddition. 
 By FREDERICK POLLOCK, of Lmcoln's Inn, Esq.. Barrister-at- 
 Law. Demy 8vo. 1878. U- 6«. 
 The Lord Chief Justice in his Judgment in MitropoUian Railuray Company v. Brog- 
 den and others, said, "The Law is weU put by Mr. Erederick Pollock in bis 
 very able and learned wort on Oontraots."-27ie Times. 
 "Kor the purposes of the student there is no book equal to IVIr. Pollocks. '—Tlu 
 
 ^'^S^'hrnml^liiliin writing a book on Contracts which the working lawyer will find 
 »B useful for reference as any of its predecessors, and which at the same time will give 
 the Biudent what ho will seek for in vain elsewhere, a complete ralumale of the law. - 
 
 '^""l^'^^lrtUnKto^quldify in thepraiscwe bestowed on the first edition. The chapter, 
 on nnlawlul and impossible agreements are models of full and clear treatment.' -Soliatort 
 Journal, Aug. 10, 1878. 
 
 Smith's Law of Contraets.—By the late J. W. SMITH, 
 
 Esq Author of "Leading Cases," &c. Seventh Edition. By 
 
 VINCENT T. THOMPSON, Esq., Barrister-at-Law. Demy 8vo . 
 
 1878 (Selected for the Intermediate Examimtions, W9.) 11. Is. 
 
 " Wb know'oflW books equally likely to benefit the student, or marked by such dis - 
 
 ting^diedqualitterorincidity, order, and accuracy as the work before ue."-&K«(«-.' 
 
 Journal, December 28, 1878. 
 
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STEVENS AND SONS' LAW PUBLICATIONS. 
 
 CONVICTIONS.— Paley on Summary Convictions.— 
 
 Fifth Edition. By H. T. J. MACNAMAliA, Esq., Barrister-at- 
 Law. 8vo. 1866. 
 
 Stone. — Vide "Petty Sessions.'* 
 
 CONVEY ANCING.-Dart.— Vide " Vendors and Purchasers." 
 
 Greenwood's Manual of Conveyancing.— A Manual 
 of the Practice of Conveyancing, showing the present Practice 
 relating to the daily routii^e of Conveyancing in Solicitors' OfiBces, 
 To which are added Concise Common Forms and Precedents in 
 Conveyancing ; Conditions of Sale, Conveyances, and all othor 
 Assurances in constant use. Fifth I'idition. By H. N. CAPEL, 
 l^.A., LL.E., f-iolicitor. Demy 8vo. 1877- 15^-. 
 
 '*TIie infcti-mation imdei these hoiid:^ is j list of that ordiuary practical kind wlncli !« 
 learned from experience aud is not to he gathtsred from treatises. ... A carelul nmly 
 of these pf^es would probably arm a diligent clerk \7itl1 a^ imich useful knowljidge as lio 
 might otherwise take yeara of desultory questioning and observing to acquire." — Soticilm s* 
 Journal. 
 
 The youn^f solicitor will find this work almost invaluable, while tlie members of the 
 li ieher branch of the profiission maV refer lo it with advantage. "We liave not met witb 
 any book that furnishes rd simple a 'guide to the management of busineds eutru^ted to 
 articled clerks. "SheS'ield Post. 
 
 Martin's Student's Conveyancer. — ^A Manual on the 
 Principles of Modem Conveyancing, illustrated and enforced by a 
 Collection of Precedents, accompanied by detailed Remarks, Part I. 
 Purchase Deeds. By THOMAS PREDEEIC MARTIN", SoUcitor. 
 D«my 8vo. 1877. 6s. 6d. 
 
 '* We have no doubt that tlie student will find in Mr. Martin's treatise a good guide to 
 tlic practical part of conveyancing."— Law; Times, June 23, J877. 
 '• It phould bo placed in the tiauds of every ssudent." 
 
 Palmer's Company Precedents.— Conveyancing and 
 
 other Forms and Precedents relating to Companies' incorporated 
 
 under the Companies' Acts, 1862 and 1867. Arranged as follows : — 
 
 Agreements, Memoranda of Association, Articles of Association, 
 
 Resolutions, Notices, Certificates, Provisional Orders of Board of 
 
 Trade, Debentures, Keconstruction, Amalgamation, Petitions, Orders. 
 
 With Copious Notes. By FKANCIS BEAUFOKT PALMEK, of 
 
 the Inner Temple, Esq., Barrister-at-Law. Demy 8vo. 1877. XI. 5s. 
 
 " Thei'e had never, to our knowledge, been any attempt to colluct and edit a body of 
 
 Forms and Precedents ^exclusively relating to the formation, working and wuiding-up of 
 
 companies. This task Mr. Palmer has taken in hand, aud we are glad to say with, much 
 
 Nuccess .... The information contained in the 65(1 pages of the volume is rendered 
 
 easily accessible by a ,q;ood and full index. The author has evidently not been Hparuig of 
 
 Jabour,andthe fruits ol' his exertions are now before the legal profession in a wovii. of i^ioiit 
 
 practical utility," — Law Magazine, February, 1878. 
 
 *' To those concerned in getting up companies, the assistance given by Mr, Palmer 
 must fie very valuable, because he does not confine hinaself to bare precedents, Ijut by 
 iutelligent and learned commentary lights up, iis it were, each. step that he t-ucos. Tbt* 
 volumebeforeus is iiot, therefore a book of precedents merely, but, in a greater or less * 
 degree, a treatise on certain portions of the Companieu' Acts of 1862 and 1867, There is an 
 elaborate index, ami the work is one which, must commend itself to the prolesaion." — 
 Law IHmss, June 9, 1877. 
 
 "The precedents are as a rale exceedingly well drafted, and adapted to companies for 
 almost every conceivable object tio especially are the forms of memoranda aud anicles 
 01 association ; and these will be found extremely serviceable to the conveyancer. . . 
 All the notes have been elaborated with a thoroughly scientific knowledge of the 
 l)rinciple8 of company law, as well as with copiouB references to the cases substantiating 
 the principles, , . . We venture to predict that his notes will be found of great utility 
 in guiding opinions ou many complicated questions of law and practice, ''—Law Journal. 
 
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119, CHANCERY LANE, LONDON, W.C. 
 
 CONVEY ^tiC\UCi.-CorUin,tted. 
 
 Ppldeaux's Precedents in Conveyancing.— Witli 
 IJissertations on its Law and Practice. Ninth Edition, By 
 FREDERICK PRIDEAUX, late Prof eseor of the Law of Real and 
 Personal Property to the Inns of Conrt, and JOHN WHITCOMB i:, 
 E9qr«.,BarriBters-at-Law. 2 vols. Royal 8vo. 1879. ZLlOs. 
 
 " Prideanx has become aa indispensable part of the OonTeyancer's library." — SoUcUori' 
 Jowrnat. 
 
 '* We may aUo be allowed to add our tribute of praise to these Precedents for their 
 conciseness, itoi'spicuity, precision, and perfection of drafting," — Law Journal. 
 
 "TbeTolumea are now something more than a mere collection of precedents; they 
 contain most valuable dissertations on the law and practice with reference to conveyancing. 
 'I'liese diasertntiuus are followed by the jjrecedents on each subject dealt with, and are in 
 themselves condensed treatises, embodying all the latest case and statute law, We may 
 iiisiance, as excellent specimens of legal essay writing, the dissertations on trusteps and 
 liusband and wife in tbe second volume, ai,d on couditions of sale la the first. Having 
 regard to the wide general IcuowleUge required of all lawyers in the present day, ouCb a 
 work as this must prove highly acceptable to the whole Profession." — Law Timeg, 
 January 4, 1879. 
 
 " We have been always accustomed to view 'Prideaux' as the most useful w^rk 
 out on conveyancing:. It combines conciseness and clearness in its precedent. s 
 with aptness and comprehensiveness in its dissertations and notes, to a degree superior 
 to that of any other work of its kind." — Law Joui'nal, February 8, 1879. 
 
 COPYRIGHT.— Phillips' Law of Copyright.— The Law of 
 Copyright in Works of Literature and Art, and in the Appli- 
 cation of Designs. With the Statutes relating thereto. By 
 CHARLES PALMER PHILLIPS, of Linoohi's Inn, Esq., 
 Barrister-at-Law. 8vo. 1863. 12«, 
 
 *' Mr, Pbillipa' work is at once an able law-book and a lucid treatise, in a popular form 
 
 on the lights of authors and artists,"— /urtsi. 
 
 CORONERS. — Jervis on the Office and Duties of 
 Coroners. — With Eorms and Precedents, Third Edition. By 
 C. W. LOVESY, Esq., Puisne Judge, British Guiana, 12mo. 
 1866. 12«- 
 
 COSTS. — Morgan and Davey's Treatise on Costs in 
 Chancery,— By GEORGE OSBORNE MORGAN, M.P,, 
 one of Her Majesty's Counsel, late Stowell Fellow of University 
 College, Oxford, and Eldon Scholar ; and HORACE DAVEY, 
 M.A., one of Her Majesty's Counsel, late Fellow of University 
 College, Oxford, and Eldon Scholar. With an Appendix, containing 
 Forms anH Precedents of Bills of Costs. 8vo. 1865. II. It. 
 
 Morris' Solicitors' Fees and Court Fees, under 
 the Judicature Acts.— With Copious Index. By WILLIAM 
 MORRIS, Solicitor. 12mo. 1876. is. 
 
 Scott's Costs in the Superior Courts. Fourth 
 Edition. (Jntheprm.) 
 
 Scott's Costs under the Judicature Acts, 1873 
 and 187S ; containing the " Additional Rules " and Scale of 
 Costs ; together with Pbeoedents of Taxed Bilis. By JOHN 
 SCOTT, Esq., Barrister-at-Law. Royal 12mo. 1876. 5». 6d. 
 
 Summerhays and Toogood's Precedents of 
 Bills of Costs in the Chancery, Queen's 
 Bench, Common Pleas, Exchequer, Probate 
 and Divorce Divisions of the High Court of 
 Justice, in Conveyancing, Bankruptcy, &o,, with Scales of 
 Allowances and Court Fees, &c., &c. Third Edition. Royal 8vo. 
 ,QyQ {In the press.) 
 
 " In the volume beforfc us we have a very complete manual of taxation The work is 
 beautMiofy printed and arranged, and each item catches the eye inBtantly,"-i<„r 
 
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10 STEVENS ANB SONS' LAW PUBLICATIONS. 
 
 COSTS.— CooJi'MWiJ. 
 
 "Webster's Parliamentary Costs. — Private Bills, 
 Election Petitions, Appeals, House of Lords. By EDWAKD 
 WEBSTEE, Esq., of tho Taxing Office, House of Commons, and of 
 the Examiners' Office, House of liords and House of Commons. 
 Third Edition. Post 8vo. 18ff7. 20s. 
 
 COUNTV COURTS.— The Consolidated County Court 
 Orders and Rules, 187B, -with. Forms and 
 Scales of Copts and Fees, as issued by the Lord 
 Chancellor and Committee of County Court Judges. Authorised 
 Edition. Super-royal 8vo. 1875. Net, 3a. 
 
 Pitt-Lewis' County Court Practice. — A Complete 
 Practice of the County Courts, including Admiralty and 
 Bankruptcy, embodying the Act, Kules, Forms and Costs, 
 with Table of Cases and Full Index, By G-. A:TT-LEWIS, 
 of the Middle Temple and Western Circuit, Esq., Barrister-at-Law, 
 sometime Holder of the Studentships of the Four Inns of Court. 
 
 {In the press.) 
 CRIMINAL LAW.— Archbold's Pleading and Evidence 
 In Criminal Cases. — With the Statutes, Precedents of 
 Indictments, &c., and the Evidence necessary to support them. By 
 JOHN JERVIS, Esq. (late Lord Chief Justice of Her Majesty's 
 Court of Common Pleas). Nineteenth Edition, including the 
 Practice in Criminal Proceedings by Indictment. By WILLIAM 
 BRUCE, of the Middle Temple, Esq., Barrister-at-Law, and 
 Stipendiary Magistrate for the Borough of Leeds. Royal l2mo. 
 1878. 11. lis. U. 
 
 Cole on Criminal Informations and Quo War- 
 ranto.— By W.B.COLE,Esq.,Barrister-at-Law. 12mo. 1843. 12s. 
 Greaves' Criminal Law Consolidation and 
 Amendment Acts of the 24 & 2B Viot.— With 
 Notes, Observations, and Forms for Summary Proceedings. By 
 CHARLES SPKENGEL GREAVES, Esq., one of Her Majesty's 
 Counsel, who prepared the Bills and attended the Select Committees 
 of both Houses of Parliament to which the Bills were referred. 
 Second Edition. Post 8vo. 1862. 16«. 
 
 Roseoe's Digest of the Law of Evidence in 
 Criminal Cases.— Ninth Edition. By HORACE SMITH, 
 Esq., Barrister-at-Law. Royal 12mo. 1878. ll.lls.6d. 
 
 Russell's Treatise on Crinnes and Misdemea- 
 nors.— Fifth Edition. By SAMUEL PRENTICE, Esq., one f>l 
 Her Majesty's Counsel. 3 vols. Royal 8vo. 1877. 61. 15s. 6d. 
 This treatise is so much more copious than any other upon all the subjects contained 
 tn it, that It affords by far the best means of acquiring a knowledga of the Criminal Law 
 in general, or of any offence in particular ; so uiat it will be found peculiarly useful as 
 wen to those who wish to obtain a complete knowledge of that law, as to those who 
 desire to be informed on any portion of It as occasion may require. 
 
 This work also contains a very complete treatise on the iiaw of Evidence in Criminal 
 Cases, and in it the manner of taking the depositions of witnesses, and the examinations 
 of prisoners before magistrates, is fully explained. 
 
 "What better Digest of Criminal Law could we possibly hope for than 'Kussell on 
 Crimea 1 ' "—Sir Jama Fit^ames StefHien't Speech on Codiiication. 
 
 " We may Safely assert that the fifth edition of ' Kussell on Crimea' has, under the 
 cureful hand of Mr. Prentice, fully reached the standard attained to by the preceding 
 ediiions." — ^ifflw ./bwrao?. January 27, 1877. 
 
 " No more trustworthy authority, or more exhaustive expositor than 'Hnssell' can be 
 consulted."— ia«J Magazine and Reviffw, Febniary, 1877. 
 
 " Alterations have been made in the arrangement of the work which without interfering 
 with the genera! plan are suflicient to show that great care and thought have been 
 
 bestowed We are amazed at tlie patience, industry and skill which are exhibited 
 
 in the collection and arrangemen* of all this msiss of learning."— I'Ae Times. 
 
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119, CHANC ERY LANE, LONDON, W.C. 11 
 
 DECREES — Seton.— FMfe" Equity." 
 
 DIARY^Lawyer's Companion (The), Diary, and Law 
 Directory.— For the use of the Legal Profession, Public Com- 
 panies, Justices, Merchants, Estate Agents, Auctioneers, &c., &c. 
 PuBLiSHEP AiTNTJAiLT. Thirty-third Issue for 1879. 
 The work -contains the most complete List published of Town and 
 Country Solicitors, with date of admission and appointments, and is issued 
 in the following forms, ootaTo size, strongly bound in cloth : — s. d. 
 
 1. Two days on a page, plain 5 
 
 2. The above, interleaved for Attendances . . .70 
 
 3. Two days on a page, ruled, with or without money columns 6 6 
 
 4. The above, interleaved for Attbsdanoes . . . .80 
 
 5. Whole page for each day, plain 7 6 
 
 6. The above, intbbliated for Attendances . . .96 
 
 7. Whole page for each day, ruled, with or without money 
 
 columns g g 
 
 8. The above, interleaved for Attendances . . . 10 6 
 
 9. Three days on a page, ruled blue lines, without money 
 
 columns . . 5 
 
 TJie XHa/ry, printed on JOYNSOIVS paper of aupmor quaHty, 
 contains memoranda of Legal Busincst throvglumt the Yem: 
 The La-wyer's Companion for- 1879, edited by 
 JOHN THOMPSON, of the Inner Temple, Esq., Barrister-at-Law; 
 and contains a Digest of Kecent Cases on Costs ; Monthly Diary of 
 County, Looa>;Grovemment, and Parish Business ; Oaths in Supreme 
 Court ; Summary of Legislation of 1878 ; Alphabetical Index to the 
 Practical Statutes; a Copious Table of Stamp Duties; Legal Time, 
 Interest, Discount, Income, Wages and other Tables; Probate, 
 Legacy and Succession 'Duties; and a variety of matters of 
 practical utility. 
 "An oteellent work "— J7k Times, November, 29, 1878. 
 
 " A publication which has long ago secured to itself the favour of the profeSBion, and 
 which, as heretofore, justifies by its contents the title assumed by it."— iow Journal. 
 
 " Contains all the information which conld be looked for in such a work, and gives it 
 in a most convenient form and ver}- completely. We may unhesitatingly recommend the 
 work to our readers/' — Solicitors' Jou^-nal. 
 
 "The 'Lawyer's Companion and Diary' is a book that ought to be In the possession of 
 evQiy lawyer, and of every man of business." 
 
 "'rhe' Lawyer's Companion' Is, indeed, what It is called, for it combines everything 
 required for reference in the lawyer's office." — Law Times. 
 
 " It is a book without which no lawyer's library or office can bo complete." — Irifh 
 Law limes, November 9th, 1878. 
 
 DICTIONARY.— Wharton's La-w Lexicon.— A Dictionary of 
 Jurisprudence, explaining the Teehnical Words and Phrases employed 
 in the several Departments of English Law ; including the various 
 Legal Terms used in Commercial Transactions. Together with an 
 Explanatory as well as Literal Translation of the Latin Maxims 
 contained in the Writings of the Ancient and Modem CpmrnentatofB. 
 Sixth Edition. Enlarged and revised in accordance with the 
 Judicature Acts, by J. SHIKESS WILL, of the Middle Temple, 
 ICeq. , Barrister-at-Law. Super royal 8vo. 1876. 21. 2s. 
 
 " As a work of reference for the library, the handsome and elaborate edition of 
 ' Wharton's Law Lexicon' which Mi'.Shiress Will has produced, must supersede all former 
 issues of that well-known work." — Law Magaxine and Review, August, 1876. 
 
 " Ko law library is complete without a law dictionary or law lexicon. To the practi- 
 tioner it is always useful to have at hand a book where, in a small compass, he can find 
 an explanation of terms of Infrequent occurrence, or obtain a reference to statutes on 
 most subjects, or to books wherein particular subjects are treated of at full length. To the 
 student it is almost Indispensable." — Law Times. 
 
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12 STEVENS AND SONS' LAW PI/ULICAflONS. 
 
 DIGESTS.— Bedford..— 7idc " Examination Guides." 
 Chamber's— Vide " Public Health." 
 
 Cliitty'S Eq^uity Index. — Chitty's Index to all the Reported 
 Cases, and Statutes, in or relating to the Principles, Pleading, and 
 Practice of Equity and Bankruptcy, in the several Courts ot Equity 
 in England and Ireland, the Privy Council, and the House of Lords, 
 from the earliest period. Third Edition. By J. MACAULAY, 
 Esq., Barrister-at-L»w. 4 vols. Koyal 8vo. 1863. 11. 7s. 
 
 Fisher's Digest of the Reported Cases deter- 
 mined in the House of Lords and Privy Council, and in the 
 Courts of Common Law, Divorce, Probate, Admiralty and Bank- 
 ruptcy, from Michaelmas Term, 1756, to HUary Term, 1870 ; 
 with References to the Statutes and Rules of Court. Founded on 
 the Analytical Digest by Harrison, and adapted to the present 
 practice of the Law. By R. A. FISHER, Esq., Judge of the 
 County Courts of Bristol and of Wells. Five large volumes, royal 
 8vo. 1870. 12i. 12s. 
 
 [Continued AnnuaUy.) 
 " Mr. Fislior's Digest is a, woodertul work. It is a miracle of human industpy." — Mr. 
 Justice Willes. 
 
 " I think it wowld be very difficult to improve upon Mr. Fisher s 'Common Law 
 Digest.' " — Sir James PUzjwines Stephen, on CocUfication. 
 
 Leake. — Vide "Real Property" and "Contracts." 
 
 Notanda Digest in Law, Equity, Bankruptcy, 
 
 Admiralty, Divorce, and Probate Cases. — By 
 
 H. TUDOR BODDAM, of the Inner Temple, and HARRY 
 
 GREENWOOD, of Lincoln's Inn, Esqrs., Barristers-at-Law. The 
 
 Notanda Digest, from the commencement, October, 1862, to 
 
 December, 1876. In 1 volume, half -bound. Net, 31. 3s. 
 
 Ditto, in 2 volumes, half-bound. Net, Zl. 10s. 
 
 Ditto, Third Series, 1873 to 1876 inclusive, half-bound. Net, 11. lis. M. 
 
 Ditto, Fourth Series, for 1877 and 1878, with Indexes, in 1 volume. 
 
 HacJi, net, 11, Is. 
 
 Ditto, ditto, for 1879, Plain Copy and Two Indexes, or Adhesive Copy 
 
 for insertion in "Text-Books. Annual Subscription, payable in 
 
 advance. Net, 21s. 
 
 *»* The numbers are issued regularly every alternate month. 
 
 Each number will contain a concise analysis of every case reported 
 
 in the Lww Seports, Lmu JoumaX, Weekly Reporter, Lam Times, and 
 
 the Irish Lww Re/ports, up to and including the cases contained in the 
 
 parts for the current month, with references to Text-books, Statutes, 
 
 and the Law Reports Consolidated Digest. An alfhabetioal 
 
 INDEX of the subjects contained in baoh NnMBEE will form a new 
 
 feature in this series. 
 
 Pollock. — Vide "Partnership." 
 
 Roscoe'S. — P^idc " Criminal Law " and "NisiPrius." 
 
 DISCOVERY.— Hare's Treatise on the Discovery of 
 
 Evidence.— Second Edition. Adapted to the Procedure in the 
 
 High Court of Justice, with Addenda, containing all the Reported 
 
 Cases to the end of 1876. By SHERLOCK HARE, Barrister-at- 
 
 Law. Post 8vo. 1877. 12s. 
 
 " The book is a useful contributiou to pur text-books on practice." — SolicUor^ JomtuU. 
 
 " We have read his work with considerable attention and interest, and we can speak in 
 
 terms of cordial praise of tlie manner in which the uew procedure has been worked into 
 
 the old material. ... All the sections and orders of the new legislation are referred 
 
 to in the text, a synopsis of recent cases is given, and a good index completes the 
 
 volume." — Law Q^jnes. 
 
 Seton.— F»d6 "Equity." 
 
 *,■* AU Btanda/rd Lmu Works are kept in Stock, in law calf and other bindings. 
 
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119, CHANCEllY LANK, LONDON, W.O. 13 
 
 DISTRICT REaiSTRIES.-Archibald.-F«z7^^dge7"cham"b«^ 
 Practice." 
 
 DIVORCE^Browne's Treatise on the Principles 
 
 and Practice of the Court for Divorce and 
 
 Matrimonial Causes :— With the Statutes, Kulee. Fees 
 
 and Forms relating thereto. Fourth Edition. By GEORGE 
 
 BROWNE, Esq., B.A., of the Inner Temple, Barrister-at-Law, 
 
 Recorder of Ludlow. (/„ the Press.). 
 
 " We tttinl: this Edition of Mr. Browne'a Treatise has been edited witli commendable 
 
 care. 1 lie book, as it now stands, is a clear, practical, and, so far as wo have been able to 
 
 test It, accurate exposition of divorce law and procedure. "—SoiiciVorsVoiirnai. 
 
 OOMICIL.— Dicey on the Law of Domicil as a branch 
 of the Law of Kngland, stated in the form of 
 Rules.— By A. V. DIUEY, B.C.L., Barristerat-Law. Author 
 of "Rules for the Selection of Parties to an Action." Demv 8vo. 
 1879. 18,. 
 
 PhlUimore's (Sir R.) Law of Domicil.— Svo. 1847. 9s. 
 
 DUTCH LAW.— Vanderlinden's Institutes of the Law^s 
 of Holland.— Svo. 1828. v. Us. 
 
 EASEMENTS.— Goddard's Treatise on the Law of 
 
 Easements.— By JOHN LEYBOURN GODDARD, of the 
 
 Middle Temple, Esq., Barrister-at-Law. Second Edition. Demy 
 
 Svo. 1877. 16«. 
 
 "The book is invaluable: where the cases are silent the author has taken palus to 
 
 ascertain what the law would be if brought iuto question."— Xaw Journal. 
 
 " Nowhere has the subject been treated so exhaustively, and, we may add, so soientjfl- 
 
 cally, as by Mr. Goddard. We recommend it to the moat careful studyof the law student, 
 
 as well as to the library of the practitioner."— £010 Tima. 
 
 ECCLESIASTICAI Finlason's Folkestone Ritual 
 
 Case. — The Judgment of the J'ldicial Committee in the Follcestone 
 Ritual Case, with an . Historical Introduction and brief Notes. By 
 W. F. FINLASON, of the Middle Temple, Esq., Barrister-at-Law. 
 Svo. 1877. Net, 2s. ed. 
 
 PhlUimore's (Sir R.) Ecclesiastical Law.— The 
 Ecclesiastical Law of the Church of England. With Supplement, 
 containing the Statutes and Decisions to end of 1875. By Sir 
 ROBERT PHILLIMORE, D.C.L., Official Principal of the Arches 
 Court of Canterbury ; Member of Her Majesty's Most Honourable 
 Privy Council. 2 vols. Svo. 1873-76. 31. Is. M. 
 
 *»* The Supplement may be had separately, price is. dd., sewed. 
 Stephens. — Vide "Church and Clergy." 
 ELECTIONS — Browne (G. Lathom.)—r«fc "Registration." 
 FitzGerald.— ride "BaUot." 
 
 Rogers on Elections, Registration, and Election 
 
 Agency. — With an Appendix of Statutes and Forms. Twelfth 
 
 Edition. By F. S. P. WOLFERSTAN, of the Inner Temple, Esq., 
 
 Barrister-at-Law. 12mo. 1S76. \l. 10s. 
 
 "The book maintains its reputation asawellarraDgedmagazineof all the authorities on 
 
 the subject." — Imw Journal, August 19, 1876. 
 
 "Mr. Wolferstan has added a new chapter on -election agency, which contains a care- 
 ful and valuable digest of the decisions and dicta on this thorny subject."— SoUdlora' 
 Journal, October 28 1876. 
 
 ENGLAND, LAWS OF, — Bo~wyer. — Vide " Constitutional Law." 
 
 Broom and Hadley.— Fwfo" Commentaries." 
 
 Syms' Code of English Law (Principles and Practice) 
 
 for handy "reference in a Solicitor's office. ByF. R. SYMS, Solicitor. 
 
 12mo. 1870. 16». 
 
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14 STEVENS AND SONS' LAW PUBLICATIONS. 
 
 EQUITY, and Vide CHANCERY. 
 
 Seton's Forms of Decrees, Judgments, and 
 Orders in the High Court of Justice and Courts 
 of Appeal, having especial referenee to the Chancery Division, 
 With Practical Notes. Fourth Edition. By E. H. LEACH, Esq., 
 Senior Eegisttar of the^Court of Chancery ; F. G. A. WILLIAMS, 
 of the Inner Temple, Esq. ; and the late H. W. MAY, Esq. ; con- 
 tinued by JAMES EASTWICK, of Lincohi's Inn, Esq., Barristers- 
 at-Law. In 2 vols. Eoyal 8vo. Vol. I. and VoL II. Part I. 
 . 187?— 79. Sack 11. 10s. 
 
 Vdlume II. Part I. contains : — Married Women ; lufants ; Administratiou of Real 
 and PeisDnal Estate ; Partition and Sale under tbe Partition Acts, 1868, 1876; Mortgages, 
 Principal and Surety; Partnership; Settlements; Specific Relief; and Sales by tlie 
 Court. Part II., completing tite worii, is in tJie Press, and will be published shortll/. 
 
 "The editors of this new edition of Setoa deserve much praise for what is almost, if 
 not absolntely, an innovation in law books. In treating of any division of their subject, 
 they have putpromineutly forward the result of the latest decisions settling the law, so 
 
 far as it is ascertained, thus avoiding much useless reference to older cases There 
 
 can be no doubt that in a book of practice lilse Seton, it is much more important to be 
 able to see at once what the law is, than to know how it has become what it is ; and the 
 editors have evidently taken great pains' to carry oat this principle in presenting the 
 law on each division of their labours to their readers." —The Times, 
 
 " We can hardly speak too highly of the industry and intelligence which have been 
 bestowed on the preparation of the notes." — Solicitor's Journal, February 22, 1879. 
 
 Smith's Manual of Equity Jurisprudence. — 
 
 A Manual of Equity Jurisprudence for Practitioners and Students, 
 
 founded on the Works of Story, Spenoe, and other writers, and on 
 
 more than a thousand subsequent eases, comprisrog the Fundamental 
 
 Principles and the points of Equity usually occurring in General 
 
 Practice. By JOSIAH W. SMITH, B.C.L., Q.C. Twelfth Edition. 
 
 12mo. 1878. 12s. 6rf. 
 
 "To sum up all in a word, forthestudent and the jurisconsult, the Manual is the nearest 
 
 approach to an equity code that the present literature of the law is able to furnish." — Late 
 
 Timet. 
 
 " It will be found as useful to the practitioner as to the student." — Solicitors' JouttmI. 
 
 " It retains and that deservedly, the reverence of both examiners and students."— 
 
 Dr. ftoLLiT's Lecture on a Course of Beading, 
 
 "There is no disguising the truth; the proper mode to use this book is to learn its pages 
 by heart." — Law Magazine and Seview. 
 
 EXAMINATION GUIDES — Bedford's Guide to the Preli- 
 minary Examination for Solicitors.— Fourth 
 Edition, 12mo. 1874. . Jifet, Zs. 
 
 Bedford's Digest of the Preliminary Examiria-' 
 tion Questions on English and Latin, Grammar, Geography, 
 History, French Grammar, and Arithmetic, with the Answers 
 Svo. 187S. 18s'. 
 
 Bedford's Preliminary Guide to Latin.Gram- 
 nnar. — 12mo. 1872. ^e( 3s. 
 
 Bedford's Intermediate Examination Guide' to 
 Bookkeeping.— Second Edition. 12mo. 1875. Net,2s.6d. 
 Bedford's Final Examination Guide to Bank- 
 ruptcy.— Third Edition. 12mo. 1877. 6! 
 Bedford's Guide to Stephen's New Commen-^ 
 taries on the Laws of England.— By QUESTION 
 AND ANSWER. Demy Svo. 1879. I2s 
 ' ' Here is a book which will be of the greatest service to students. It reduces the 
 ' Commentaries ' to the form of question aaid answer ... We must also elve 
 the author credit, not only for his selection of questions, but for his answers tliereto 
 These are models of fulness and conciseness, and luoky will be the candidate who caii 
 hand In a paper of answers bearing a close resemblance to those In the work hofm-o 
 us."— itfi* Jowrnal, March 1, 1879. "^ 
 
 Bedford's Outline of an Action in the Chan- 
 cery Division. 12mo. 1878. Net, 2«. 6d. 
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_____^ 119, CHANCEKY LANB, LONBON, W,0. 15 
 
 EXAMINATION Q\}\OE$. —OonUnued. '' 
 
 Bedford's Student's Guide to Smith on Con- 
 tracts. Demy 8vo. 1879. 3,. q^. 
 The following are pubUshed the day after each Examination :— ' 
 Bedford's Preliminary.— Containing the Questions and 
 Answers of the Preliminary EzaminationB. Edited by E H 
 BEDFORD, SoUcitor. Sewed. Net. U. 
 Bedford's Intermediate.— Containing the Questions and 
 Answers at the Intermediate Examinations. Edited by B. H 
 BEDFORD, SoUoitor. Trinity Term. 1879. No. 43. Sewed. Net,ls. 
 *,* Nos. 1 to 34. Bd. each. Nos. 35 to 42. 1». each. 
 Bedford's Final. —Containing the Questions and Answers at 
 the Final Examinations, Edited by E. H. BEDFORD, Solicitor. 
 Trinity Term. 1879. No. 42. Sewed. Net, Is. 
 *,* Nos. 1 to 33. 6d each. Nos. 34 to 41. 1». each. 
 Butlin.— Vide " Articled Clerks." 
 Rubinstein and "Ward. — J^c "Articled Clerks.'' 
 Shear-wood's Student's Guide to the Bar, the 
 Solicitor's Intermediate and Final and the 
 Universities Law Examinations.— With Suggestions 
 as to the books usually read, and the passages therein to which 
 attention should be paid. By JOSEPH A. SHEARWOOD, B.A., 
 of Lincoln's Inn, Esq., Barrister-at-law, Author of "A Concise 
 Abridgment of the Law of Real Property and an Introduction to 
 Conveyancing." Demy 8vo. 1879. 5». 6d. 
 " A work irhujh will bo very acceptable to candidates for tlio various examinations, 
 any student of average inlolligeuce who conscientiously foUows the path and obeys the 
 instructions giren taiin by the author, need not foar to present himself as a candidate 
 for any of the examinations to which tiiia book Is inieuded aa a. guide.'' — Law Journal. 
 
 EXECUTORS.— Williams' Law of Executors and Ad- 
 ministrators. — A Treatise on the Law of Executors and 
 Administrators. By the Rt. Hon. Sir EDWARD VAUGHAN 
 WILLIAMS, late one of the Judges of Her Majesty's Court of 
 Common Pleas. Eighth Edition. By WALTER VAUGHAN 
 WILLIAMS and ROLAND VAUGHAN WILLIAMS, Esqrs., 
 Barristersat-Law. 2 vols. Royal 8vo. 1879. SI. 16s. 
 
 " A treatise which occupies a unique poaition and which is recognised by the 
 Bench and the profession as having puramount authority in the domain of law with 
 which it deals, —iaw Jownal, June "21, 1879. 
 
 '• .Vs it stands it is as perfect an expoaitiun iw it ia possible to supply."— it(;a Tiiiicg, 
 July M, 1879. 
 
 EXECUTORY DEVISES.— Fearne.— rirfe "Contingent Remainders." 
 FACTORY ACTS.— Noteutt's Law relating to Factories 
 and ^A'■orkshops, >A?-ith Introduction and Ex- 
 planatory Notes. Second Edition. Comprising the Factory 
 and Workshop Act, 1878, and the Orders of the Secretary of State 
 made thereunder. By GEORGE JARVIS NOTCUTT, SoUcitor 
 formerly of the Middle Temple, Esq., Barrister-at-Law. 12mo. 
 1879. , 9«. 
 
 "The task of elucidating the provisions of the statute la done in a manner that 
 leaves nothing to be desired." — Birmingham Daily Gaseiie, April I'5, 1879. 
 f ARM, LAW OF.— Addison ; Cook.e.— Vide "Agricultural Law." 
 Dixon's La-w of the Farm — A Digest of Cases connected 
 with the Law of the Farm, and inoludingthe Agricultural Customs of 
 England andWales. Fourth Edition. By HENRY PERKINS, Esq., 
 Barrister-at-Law and Midland Circuit. Demy 8vo. 1879. 11. 6s. 
 " It is impossible not to be struck with the extraordinary research that must have been 
 used in the compilation of such a book as this."— iaw Journal, June 14, 1879. 
 
 FIXTURES. -Amos and Ferard on Fixtures.— Second 
 Edition. Royal 8vo. 1847. 16«. 
 
 "Woodfall.— -See " Landlord and Tenant." 
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18 STEVENS AND SONS' LAW PUBLICATIONS. 
 
 FOREIGN JUDGMENTS Piggott's Foreign Judgments 
 
 their effect in the English Courts.— By F. T. 
 PIGGOTT, M.A., LL.M., of the Middle Temple, Barrister-at-Law. 
 Eoyal 8vo. 1879. 15s. 
 
 FORMS— Archibald.— Fide "Judges' Chambers Practice." 
 
 Chitty's Forms.— Eleventh Edition. By THOS. CHITTY 
 and THOS. WILLES CHITTY, Esqrs. (RmAy in SeptemJ)er.) 
 Moore's Solicitor's Book of Practical Forms.— 
 12mo. 18.52. 7s. 6d. 
 
 Daniell's Fornns and Precedents of Proceed- 
 ings in the Chancery Division of the High 
 Court of Justice and on Appeal therefrom ; 
 with Dissertations and Notes, forming a complete guide to the 
 Practice of the Chancery Dividon of the High Court and of the 
 Courts of Appeal. Being the Third Edition of " Daniell's Chancery 
 Forms." By WILLIAM HENRY UPJOHN, Esq., Student and 
 Holt Scholar of Gray's Inn, Exhibitioner in Jurisprudence and 
 Koman Law in the University of London, Holder of the First 
 Senior Studentship in Jurisprudence, Koman Law and International 
 Law, awarded by the Council of Legal Education in Hilary Term 
 1879. In one thick vol. Demy 8vo. 1879. il. 2s. 
 
 " Mr, Upjobu has restored the volume of Chancery Forms to the place it held before 
 the recent changes, as a trustworthy and complete collection of inecedents. It has all 
 the old meTits ; nothing is omitted as too trivial or commonplace ; the solicitor's clerk 
 finds bow to indorse a brief, and how, when neceBsary, to give notice of action ; and the 
 index to the forms is full and perspicuous. He has embodied in the foot-notes the whole 
 of the new practice, so far as it con affect the Chancery Division ; and he has put clearly 
 and concisely the effect of the decisions thereon. We must not omit to commend the 
 excellent index and tbe tables of statutes and general rules which are prefixed to the 
 voliune, and which add greatly to its value for practical purposes. We consider that tbe 
 judicious elaboration of the work in this and all other respects Justifies the learned editor 
 in entitling bis book a Complete Manual of the Practice in tbe Chancery Division." — 
 Solicitors' Journal, Februaiy 8, 1819. 
 
 " We have had this work in practical nee for some weeks, and so careful is the noting 
 up of tbe authorities, so clearly and coucisely are tbe notes expressed, that we have found 
 it of as much value as tbe ordinary text books ou tbe Judicature Acts . . . It-^illbeas 
 usefbl a work to practitioners at Westminster as it will be to those In Lincoln sInn. Tbe 
 labour entailed in tbe compilation must have been severe, and we venture to predict a 
 complete success for this new edition of an old friend." — Law Times, February 1, 1879. 
 
 GAS WORKS.— Palmer.— Fide " Conveyancing." 
 
 HIGHWAYS.— Bateman's General Highway Acts.— 
 Second Edition. With a Supplement containing the Highway Act 
 of 1864, &c. With Notes by C. MANLEY SMITH, Esq., one 
 of the Masters of the Queen's i^ench. 12mo. 186.5. 10s. 6ef. 
 Chambers' Law relating to High-ways and 
 Bridges, being the Statutes in full and brief Notes of 700 
 Leading Cases ;, to which is added the Law relating to the Lighting 
 of Kural Parishes under the Lighting Act, 1833. By GEO. F. 
 CHAMBERS, Esq., Barrister-at-Law. Imperial Svo. 1878. 18s. 
 Shelford's La-w of Highways.— The Law of 
 Highways ; including the General Highway Acts for England and 
 Wales, and other Statutes, with copious Notes of the Decisions 
 thereon ; with Forms. Third Edition. With Supplement by 
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 INCLOSURES.— Fide "Commons." 
 
 INDIAN LAW— Montriou ; the Hindu Will of Bengal. 
 
 With an Introductory Essay, &o. Royal Svo. 1870. Net, 11. 10«. 
 
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 INJUNCTIONS.— Seton.— Fide "Equity." 
 
 INSURANCE.— Arnould on the Law of Marine Insu- 
 rance.— Fifth Edition. By DAVID MAOLACHLAN, Esq., 
 Barrister-at-Law. 2 vols. Koyal 8vo. 1877. » SI. 
 
 " As a text book, ' Arnonld ' is now all the practitioner can want, and we congratulate 
 tile editor upon the skill with which he has incorporated the nev decisions." — Law Times, 
 Oct. 6th, 1877. 
 
 Hopkins' Manual of Marine Insurance.— 8vo. 
 1867. 18a. 
 
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 INTERNATIONAL LAW-- Amos' Lectures on Inter- 
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 Students of the Inns of Court, by SHELDON AMOS, M.A., Pro- 
 fessor of Jurisprudence (including International Law) to the Inns 
 of Court, &o. Koyal 8vo. 1874. 10s. 6d. 
 
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 " Altogether Dr. AbUy has performed his task in a manner worthy of his reputation, 
 
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 lutended, l>ut also tor laymen. It is woU worth the study of evety member of an enlightened 
 
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 Levi's International Commercial Law.— Being the 
 Principles of Mercantile Law of the following and other Countries 
 
 viz. : England, Ireland, Scotland, British India, British Colonies, 
 
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 Greece, Hans Towns, Italy, Netherlands, Norway, Portugal, Prussia, 
 
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 "Mr Boyi), the latest editor, has added many useful notes; he has inserted in tlio 
 
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 luore important that their works {Kent and Wlieaton) should be edited by intelligent and 
 
 impartial Englishmen, such as Dr. Abdy, the editor of Kent, and Mr. Boyd,"'— Ke Ti,„'.', 
 
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 without alteration, and Mr. U.ina's numbering of the sections is preserved. Mr. Boyd's 
 notes which are numerous, original, and copious, are conveniently interspersed through- 
 out the text • but they are in a distinct type, and therefore the reader always knows 
 whether he is reading Wheaton or Boyd. The Index, which could not have been com- 
 niled without miich thought and labour makes the book handy for reference, and, 
 coMequently, valuable to public writers, who in these days have frequently to refer to 
 International Law." — Lom Journal, April 18, 1878. 
 
 "Students who require a knowledge of Wheaton's text wUl find Mr. Boyd's volume 
 very convenient. "—IoioJlfayozin«, May, 1878. 
 
 Wildman'S International Law.— Institutes of Inter- 
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 Thring's (SirH.) Joint Stock Companies' Law.— 
 
 The Law and Practice of Joint Stock and ptlier Public Companies, in- 
 cluding the Statutes, with Notes, and the Forms required in Making, 
 Administering, and Winding-up a Company, with a Supplement 
 containing the Companies' Act, 1867, and Notes of Becent Decisions, 
 By Sib HENRY THEING, K.C.B., The Parliamentary Counsel. 
 Third Edition. By G. A. E. FITZGEKALD, Esq., Barrister-at- 
 Law, and Fellow of St. John's College, Oxford. 12mo. 1875. 11. 
 ''This, as the work of the original draughtsman of the Companies' Act of 1862, and 
 
 weU-knowu Parliamentary counsel, Sir Henry Thring is naturally the highest authority 
 
 on the subject."— JVie limes, April 21, 1876. 
 
 Jordan's Joint Stock Companies. — A Handy Book of 
 Practical Instructions for thf? Formation and Management of Joint 
 Stock Companies. Sixth Edition. 12mo. 1878. Net, 2s. 6d. 
 
 JUDGES' CHAMBERS PRACTICE— Archibald's Forms of 
 Summonses and Orders, with Notes for use at Judges' 
 Chambers and in the District Eegistries. By W. F. A. ARCHI- 
 BALD, M.A., of the Inner Temple, Barrister-at-Law. Eoyal 12mo. 
 1879. 12s. Sd. 
 
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 jurisdiction of the common law divisions, in the district registries, and at Judges' 
 
 oliambers."— ioio Tima, July 26, 1S79. 
 
 JUDGMENTS.— Piggott. — Vide "Foreign Judgments." 
 
 Walker's Practice on Signing Judgment in 
 
 the High Court of Justice. With Forms. By H. H. 
 
 WALKEK, Esq., of the Judgment Department, Exchequer Division. 
 
 Crown 8vo. . 1879. 4s. 6d. 
 
 " The book undoubtedly meets a want, and furnishes information available for almost 
 
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 " We think that aolicitors and their clerks will find it extremely useful." — Late Journal. 
 
 JUDICATURE ACTS— AA^ilson's Supreme Court of 
 Judicature Acts, Appellate Jurisdiction Act, 
 1876, Rules of Court and Forms. With other Acts, 
 Orders, Eules and Eegulations relating to the Supreme Court of 
 J'ustice. With Practical Notes and a Copious Index, fonning a 
 Complete Guide to thb New Practice. Second Edition. By 
 AETHXJE WILSON, of the Inner Temple, Barrister-at-Law. 
 (Assisted by HAEEY GREENWOOD, of Lincoln's Inn, Barrister- 
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 Eoyal l2mo. 1878, (pp. 726,) 18s. 
 
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 The practitioner willfind that it supplies all his wants." — Law Times. 
 
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 {Uniform in size with the Queen's Printer's Edition of the Acts and 
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 Lynch and Smith's Introduction to the Final 
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 AUGUSTUS SMITH, SoUcitor, Clifford's Inn, Prizeman ; Senior 
 Prizeman of the Incorporated Law Society, and Brodrip Gold Medalist, 
 1872. Vol. I. The Principles of the Law. Post 8vo. 1874. Vis. 
 Lynoh's Epitome of Practice in the Supreme 
 Court of Judicature in England. With References 
 to Acts, Rules, and Orders. ITor the Use of Students, fourth 
 Edition. Royal 8vo. 1878. Net, Is. 
 
 Morgan. — Vide "Chancery." 
 Scott.— Fide " Costs." 
 
 Stephen's Judicature Acts 1873, 1874, and 187S, 
 consolidated. With Notes and an Iqdex. By Sir JAMES 
 STEPHEN. 12mo. 1875. 4s. U. 
 
 JURISPRUDENCE — Amos, Law as a Science and as 
 an Art. — An Introductory Lecture delivered at University 
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 AMOS, Esq., M.A., Barrister-at-Law. 8vo. 1874. Net, Is. 6d. 
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 at the Hall of the Inner Temple, Hilary Term, 1851. By J. G. 
 PHILLIMORE, Esq., Q.C. 8vo. 1851. Sewed. 3». 6d. 
 
 Piggott. — Vide " Foreign Judgments." 
 JUSTICE OF THE PEACE.— Burn's Justice of the Peace 
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 under the General Superintendence of JOHN BLOSSETT 
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 Vol. I. containing titles " Abatement " to " Dwellings for Artisans;" 
 by THOS. SIRRELL PRITCHARD, of the Inner Temple, Esq., 
 Recorder of Wenlook. Vol. II. containing titles " Easter Offering " 
 to "Hundred ;" by SAML. BOTBLER BRISTOWE, Q.C, M.P., 
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 to " Promissory Notes ;" by LEWIS W. CAVE, Q.C, of the Inner 
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20 STEVENS AND SONS' LAW rtJBLICATIONS. 
 
 JUSTICE OF THE PEA^CE.-Continued. 
 Paley. — Vide "Convictions."' 
 
 Stone's Practice for Justices of the Peace, Justices 
 Clerks and Solicitors at Petty and Special Sessions, in Summary 
 Matters and Indictable Offences, with a List of Summary Convic- 
 tions and of Matters not Criminal. With Forms. Eighth Edition 
 By THOMAS SIRKELL PRITOHAED, of the Inner Temple 
 Esq., Barrister-at-Law, Eecorder of Wenlock. In 1 vol. DemySvo 
 1877. U. 10s 
 
 *'..Tustices of the Peace and Practitioners at Petty and Special Sensious who wish to 
 have A handy vojume by their side for ready reference, will find this new edition of 
 Stone's Practice very convenient and useful." — Zaw Magazine, May, 1878. 
 
 "In clearness of exposition, in choice of matter, and, above all, in orderliness of 
 .irrnDiietnent. ihe book leaves little to be desired . . . . . The book, as a whole, is 
 tliiir(iui>ltly satisfactory, and, having gone carefully through it, we can recommend it 
 with confldeuce to the numerous bod> of our readers who are daily interested in the 
 subjects to which it relates." — Solicitors' Jouriial, December 8th, 1877. 
 
 JUSTINIAN, INSTITUTES OF.-Cumin.—FMfe" Civil Law." 
 
 Greene. — Vide "Eoman Law." 
 
 Mears. — Vide "Roman Law." 
 
 Ruegg's Student's " Atixiliufti " to the Institutes 
 of Justinian. — Being a complete synopsis thereof in the form 
 of Question and Answer. By ALFBED HENRY BUEGG, of the 
 Middle Temple, BarriBteiyat-Law. Post 8vo. 1879. 5.?. 
 
 " Will be greatly assisted in clearing and arranging his knowledge by a work of this 
 kind." — I/aw Journal, May IT, 1!J79. 
 
 Voet.— Fide "Civil Law." 
 
 LAND TAX — Bourdin's Land "Tax. — An Exposition of the 
 Land Tax ; its Assessment and Collection, with a statement of the 
 rights conferred by the Redemption Acts. By MARK A. BOUR- 
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 of Land Tax). Second Edition. Crown 8vo. 1870. 4s. 
 
 LANDLORD AND TENANT.— Woodfall's La^^v of Landlord 
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 LAW LIST.— Law List (The).— Comprising the Judges and Officers 
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 and Wales ; the Circuits, Judges, Treasurers, Registrars, and High 
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 List of Sheriffs and Agents, London Commissioners to Administer 
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 LAW LIST.— CoBtfeiued 
 
 Special I^leaders, Draftamen, Conveyancers, Solicitora, Proctors and 
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 LAW REPORTS. — A large Stock of second-hand Reports. Estimates 
 on application. 
 
 LAWYER'S COMPANION.— 7i(ie "Diary." 
 
 LEADING CASES.— Haynes' Student's Leading Cases. 
 Being some of the Principal Decisions of the Courts in Constitutional 
 Law, Common Law, Conveyancing and Equity, Probate, Divorce, 
 Bankruptcy, and Criminal Law. With Notes for the use of Students. 
 By JOHN F. HAYNES, LL.D., Author of "The Student's 
 Statutes." Demy 8vo. 1878. 16«. 
 
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 " The sttitemonts of the various oases are fairly full and clear, and many of the notes 
 
 are good."— iaw Magazine, November, 1878. 
 
 LEXICON Vide "Dictionary." 
 
 LIBRARIES AND MUSEUMS.— Chambers' Public Libraries 
 and Museums and Literary and Scientific 
 Institutions generally, a Digest of the Law 
 relating to. Second Edition. By G. F. CHAMBERS, of the 
 Inner Temple, Barrister-at-Law. Imperial 8vo. 1879. Ss. 6d. 
 
 LICENSING.— Lely and Foulkes' Licensing Acts, 
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 Sale of Liquors by Retail and the Management of Licensed Houses ; 
 with Notes to the Acts, a Summary of the Law, and an Appendix 
 of Forma. Second Edition. By J. M. LELY and W. D. I. 
 FOULKES, Esqrs., Barristers-at-Law. Royal 12mo. 1874. 8». 
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 polate between the sections of each of these statutes all sabsidiary enactments, distin- 
 
 gnishmg them by brackets and marginal notes These notes are usually 
 
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 —SoUcitort' Journal. 
 
 LIFE ASSURANCE.— Scratchley's Decisions in Life As- 
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 involved ; with the Statutes. Revised Edition. By ARTHUR 
 SCRATCHLEY, M.A., Barrister-at-Law. Demy 8vo. 1878. Ss. 
 
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 LORD MAYOR'S COURT PRACTICE.-Candy.— Kdc "Mayor's 
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 Sixth Edition. By JOSEPH ELMER, of the Office of the 
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 MAGISTERIAL LAW.— Burn.— FMe "Justice of Peace." 
 Leeming and Cross.— Fide » Quarter Seasions. 
 Pritchard.— Hde " Quarter Sessions." 
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 affiecting, Contracts. By WM. JOHN TAPP, Barrister-at-Law. 
 12ino. 1861. , 4s. 6d. 
 
 MANDAMUS. — Tapping on Mandamus. — The Law and 
 Practice of the High Prerogative Writ of Mandamus as it obtains 
 both in England and Ireland. B^yal 8vo. 1848. Net, 11. It. 
 
 P^AYOR'S COURT PRACTICE.— Candy's Mayor's Court 
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 the "Lord Mayor's Court"). Fowded on Brandon. By GEORGE 
 CANDY, Esq., Barrister-at-Law. Demy 8vo. 1879. 14s. 
 
 "The 'ordiuary' praetico of the Court is deajt with in it^ natural ord@7, and is 
 simply and clearly stated."— iaw Jottmal, April 13, 1879. 
 
 MERCANTILE LAW.— Boyd.— Fide "Shipping." 
 
 Russell. — Vide "Agency." 
 
 Smith's Mercantile La"W. — A Compendium of Mercantile 
 Law. By the late JOHN WILLIAM SMITH, Esq. Ninth 
 Edition. By G, M. DOWDESWELL, of the Inner Temple, Esq., 
 one of Her Majesty's Counsel. Koyal 8vo. 1877. 11. 18s. 
 
 '* We can safely say that, to the practising Solicitor, few books will be found more 
 useful than the ninth edition of * Smith's Mercantile law.' " — Zaiv Magazine, Nov. 1877. 
 
 Tudor's Selection of Leading Cases on Miercan- 
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 Esq., Barrister-at-La*-. Second Edition. Eoyal 8to. 1868. 11. 18s. 
 
 METROPOLIS BUILDING ACTS.-"Woolrych's Metropolis 
 Bviilding Acts, together with such Clauses of the Metropolis 
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 Second Edition. By NOEL H. PATBESON, M.A., of the Middle 
 Temple, Esq., Barrister-at-Law. 12mo. 1877. 8s. 6d. 
 
 MINES'— Rogers' La-w relating to Mines, Minerals, 
 and Quarries in Great Britain and Ireland ; 
 with a Summary of the Laws of Foreign States and Practical 
 Directions for obtaining Government Grants to work Foreign Mines. 
 Second Edition Enlarged. By AKTTNDEL EOGEES, Esq., Bar- 
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 " The Tolnme -ifill prove invaluable as a work of legal reference."- 27i« Mining Jonmal, 
 
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 MONEY SECURITIES Cavanagh;s La-w of Money Secu- 
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 on Property. III. Miscellaneous ; with an Appendix containing the 
 Crossed Cheques Act, 1876, The Factors Acts, 1823 to 1877, Locke 
 King's, and its Amending Acts, and the Bills of Sale Act, 1878. 
 By CHEISTOPHPE CAVANAGH, L.B, B.A. (Lond.), of the 
 Middle Temple, Esq., Barrister-at-Law. Demy 8vo. 1879. 21«. 
 
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 gage.— Third Edition. Eoyal 8vo. 1850. Net, 11. 
 
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 Acts ; shevring their operation on Gifts, Devises and Bequests for 
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 By JAMES EAWLINSON, Solicitor. Demy 8vo. 1877. Inter- 
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 NAVY. — Thring's Criminal Law of the Navy, with an 
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 the Rules of Evidence, and an Appendix comprising the Naval 
 Discipline Act and Practical Forms. Second Edition. By 
 THEODORE THRING, of the Middle Temple, Barristerat-Law, 
 late Commissioner of Bankruptcy at Liverpool, and 0. E. GIFFORD, 
 Assistant-Paymaster, Royal Navy. 12mo. 1877. 12s. 6d. 
 
 " A full ficriea of forms of warranta, minates, charges, Ac, and a good Index, complete 
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 lating and governing of the Fleet." — Law Magazine, February, 1878. 
 
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 ne<:ted with the practical administration of the law have been classified and arranged by 
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 and Military Oazette, December 12, 1877. 
 
 NISI PRIUS.— Roscoe's Digest of the Law of Evidence 
 
 on the Trial of Actions at Nisi Prlus.— Fourteenth 
 
 Edition. By JOHN DAY, one of Her Majesty's Counsel, and 
 
 MAURICE POWELL, Barrister-at-Law. Royal 12mo. 1879. 21. 
 
 {Sound in one thick volume calf or circuit, 5s., or in two convenient vols. 
 
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 •'The task of adapting the old text to the new procedure was one requiring much 
 
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 good evidence of the posseasion of these qualities by the present editors, and we feel sure 
 
 that the popularity oi; the work will continue unabated under their cooscientioua care." — 
 
 Law Magazine, May, 1879. 
 
 Selwyn's Abridgment of the Law of Nisi 
 Prius.— Thirteenth Edition. By DAVID KEANE, Q.C., 
 Recorder of Bedford, and CHARLES T. SMITH, M.A., one of the 
 Judges of the Supreme Court of the Cape of Good Hope. 2 vols. 
 Royal 8vo. 1869. (Published at 21. 16«.) Net, \l. 
 
 NOTANPA.— Fide "Digests." 
 
 NOTARY.— Brooke's Treatise on the Office and Prac- 
 tice of a Notary of England.— With a full collection of 
 Precedents. Fourth Edition. By LEONE LEVI, Esq., F.S.A., 
 of Lincoln's Inn, Barrister-at-Law. 8vo. 1876. \l. is. 
 
 NUISANCES.— FitzGerald.— Fide "PubUc Health." 
 
 OATHS.— Braithwaite's Oaths in the Supreme Court 
 of Judicature. — A Manual for the use of Commissioners to 
 Administer Oaths in the Supreme Court of Judicature in England. 
 Fart I. containing practical information respecting their Appoint- 
 ment, Designation, Jurisdiction, and Powers ; Part II. comprising a 
 collection of ofBcially recognised Forms of Jurats and Oaths, with 
 Explanatory Observations. By T. W. BRAITHWAITE, of the 
 Record and Writ Clerks' Office. Fcap. 8vo. 1876. 4». M. 
 
 "Specially useful to Commissioners."— ia«iJ/as'o»i»ie, Februai?, 1877. 
 " The work will, we doubt not, become the recognised guide of commisaioners to 
 
 Hdininister oaths." — Solicitors' Journal, May 6, 1876. 
 
 PAhTITION.-Foster.— Fide " Real Estate." 
 
 PARTNERSHIP.— Pollock's Digest of the Law of Part- 
 nership. By FREDERICK POLLOCK, of Lincoln's Inn, 
 Esq., Barristerrat-Law. Author of " Principles of Contract at Law 
 and in fequity." Demy 8vo. 1877. 8s. Sd. 
 
 *„* The object of this work is to give the substance of the Law 
 of Partnership (excluding Companies) in a coacise and definite form, 
 " Of the execution of the work, we can speak in tei'ms of the highest praise. The 
 
 language is simple, concise, and dear; and the general propositions may bear comparison 
 
 with those of Sir James Stephen."— £010 Magaane, February, 1878. 
 " Mr Pollock's work appears eminently satisfactory ... the book is praiseworthy 
 
 in design, scholarly and complete in execution."- Simrdoj/ Review, May S, 1877. 
 " A few more books written as carefully as the 'Digest of the Law of Partnership,' will, 
 
 perhaps remove some drawbacks, and render English law a pleaaanler and easier subject 
 
 to study than it is at ptesent."— 2V Examiner, March 31, 1877. 
 
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24 STEVENS AND SONS' LAW PUBLICATIONS. 
 
 PATENTS.— Hindmarch's Treatise on the Law rela- 
 ting to Patents.— 8vo. , 1S46. 11. Is. 
 Johnson's Patentees' Manual; being a Treatise 
 on the La-w and Practice of Letters Patent, 
 especially intended ■for the use of Patentees 
 and Inventors.— By JAMES JOHNSON, Barrister-at-Law. 
 and J. H. JOHNSON, Solicitor and Patent Agent. Eourth Edition. 
 Thoroughly revised and much enlarged. Demy 8vo. 1879. 10s. 6rf. 
 " A very excellent manual."— ioip S^mes, February S. 1879. 
 
 "The authors have not only a knowledge of the law, hut of the working of the law. Be- 
 sides the table of cases there is acopious index to subjects./ — Law Journal^ Marcbl, 1879. 
 
 Thompson's Handbook of Patent Law of all 
 Countries.— ThirdEditlon, revised. ByWM. P. THOMPSON, 
 C.E., Head of the International Patent Office, Liverpool. 12mo. 
 1878. Net Is. 6rf. 
 
 PERSONAL PROPERTY.— Smith.— Fide "Keal Property." 
 
 PETITIONS Palmer.— FJeie " Conveyancing." 
 
 PETTY SESSIONS.— Stone's Practice for Justices of 
 the Peace, Justices' Clerks and Solicitors at Petty and Special 
 Sessions, in Summary Matters and Indictable Offences, with a List 
 of Summary Convictions and of Matters not Criminal. With Forms. 
 Eighth Edition. By THOMAS SIKRELL PKITCHAED, of 
 the Inner Temple, Esq., Barrister-at-Law, Kecorder of Wenlock. 
 In 1 vol. Demy 8vo. 1877. li. 10*. 
 
 " The book, as a whole, is thoroughly satisfactm-y, and, having gone carefully through it, 
 
 we can recommend it with confideoce to the numeroiis body of our readers who are daily 
 
 interested in thfe subjects to which it relates."— Soiictior*' Joum(jX^ December 8th, 1877. 
 
 POOR LAW.— Davis' Treatise on the Poor Laws.— Being 
 
 Vol. IV. of Bums' Justice of the Peace. 8vo. 1869. li. lis. 6d. 
 
 POWERS. — Farwell on Powers.— A Concise Treatise on 
 
 Powers. By GEOBGE FAEWELL, B.A., of Lincoln's Inn, Esq., 
 
 Barrister-at-Law. 8vo. 1874. \l. Is. 
 
 <* We recommend Mr. Farwell's book as containing within a small compass what would 
 
 otherwise have to be souffbt out in the pages of hundreds cff confusing reports." — 2'Ac Lav. 
 
 PRECEDENTS.— Firfe " Conveyancing." 
 
 PRINCIPAL AND AGENT.-Petgrave's Principal and 
 Agent. — ^A Manual of the Law of Principal and Agent. By 
 E. C. PETGRAVE, Solicitor. 12mo. 1857. 7s. 6d. 
 
 Petgrave's Code of the Law of Principal and 
 Agent, vrith a Preface. By E. C. PETGKAVE, Solicitor. 
 Demy 12mo. 1876. iVci, sewed, 2«. 
 
 PRIVYCOUNCIL. — Finlason's History, Constitution, 
 and Character of the Judicial Comnnittee of 
 the Privy Council, considered as a Judicial Tribunal, 
 especially in Ecclesiastical Cases, with special Ireference to the right 
 and duty of its members to declare their opinions. By W. F. 
 FINLASON, Barrister-at-Law. Demy 8vo. 1878. 4s. 6d 
 
 Lattey's Handy Book on the Practice and Pro- 
 cedure before the Privy Council.— By EOBEET 
 THOMAS LATTEY, Attorney of the Court of Queen's Bench, 
 and of the High Court of Bengal. 12mo. 1869. 6s. 
 
 PROBATE. — Browne's Probate Practice : a Treatise on the 
 Principles and Practice of the Court of Probate, in Contentious and 
 Non-Contentious Business, vrith the Statutes, Eules, Fees, and 
 Forms relating thereto. By GEORGE BEOWNE, Esq., Barrister- 
 at-Law, Recorder of Ludlow. 8vo. 1873. V,. Is. 
 "A cursory glance through Mr. Browne's work shows that it has been compiled with 
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 PUBLIC HEALTH.— Chambeps' Exhaustive Index to 
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 the Act, and of mbst of the Incorporated Acts. By GEO. F. 
 CHAMBERS, Esq., Barrister-at-Law. Imp. 8vo. 1877. 4«. 6d. 
 
 Chambers' Digest of the Law relating to Public 
 Health and Local Government.— With Notes of 
 107-3 leading Cases. Various official documents;, precedents of 
 By-laws, and Regulations. The Statutes in full. A Table of 
 Offences and Punishments, and a Copious Index. Seventh Edition, 
 enlarged and revised, with Sdpplement containing newLocal Govern- 
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 *»* The Supplement may be had separately, price 9s. 
 
 Chambers' Popular Sumi-nary of Public Health 
 and Local Government Law. Imperial 8 vo. 1875. 
 
 A'e*, Is. 6it. 
 FitzGerald's Public Health and Rivers Pol- 
 lution Prevention Acts.— The Law relating to Public 
 Health and Local Government, as contained in the Public Health 
 Act, 1875, with Introduction and Notes, showing all the alterations in 
 the iExistingLaw,with reference to the Cases, &c.; togetherwitliaSup- 
 plement containing " Th* Rivers Pollution Prevention Act, 1876." 
 With Explanatory Introduction, Notes, Cases, and Index. By 
 G. A. E. FITZGERALD, Esq., Barrister-at-Law. Royal 8vo. 
 1876. 1/. Is. 
 
 " A copious and well-executed aualyblcal index completes the work which we can 
 coniidently recommend to the offlcera and members of sanitary authorities, and all 
 interested In the subject matter oC the new Act."— Law Magazine and Review, February 
 1877. 
 
 ** Mr. FitzGerald comcB forward with a special qualification for the task, for he was 
 employed by the Government in the preparation of the Act of 1876; and, as he himself 
 says, has uecessiu'ily, for some time past, devoted attention to the law relating to public 
 health and local government." — Law Joiwnal, April 22, 1876. 
 
 PUBLIC MEETINGS.— Chambers' Handbook for Public 
 Meetings, including Hints as to the Summoning and Manage- 
 ment of them ; and as to the Duties of Chairmen, Clerks, Secretaries, 
 .and other Officials; Rules of Debate, &c., to which is added a Digest 
 of Reported Cases. By GEORGE F. CHAMBERS, Esq., Bar- 
 rister-at-Law. l£mo. 1878. Net, 28. 6d. 
 
 QUARTER SESSIONS.— Leem.ing & Cross's General and 
 Quarter Sessions of the Peace.— Their Jurisdiction 
 and Practice in other than Criminal matters. Second Edition. By 
 HORATIO LLOYD, Esq., Recorder of Chester, Judge of County 
 Courts, and Deputy-Chairman of Quarter Sessions, and H. 1'. 
 THURLOW, of the Inner Temple, Esq., Barrister-at-Law. 8vo. 
 1876. \l. Is. 
 
 " I'he pruaent editors appear to have taken the utmost pains to make the volume com- 
 
 ploie, aud, from our examintition of it, we can thoroughly recommend it to all interested 
 
 in the practice of quarter sessions." — Law Tiviet, March !s, 1876. 
 
 Pritchard's Quarter Sessions.— The Jurisdiction, Prac- 
 tice and Procedure of tlie Quarter Sessions in Criminal, Civil, and 
 Appellate Matters. By THOS. SIRRELL PRITCHARD, of the 
 Inner Temple, Esq., Barrister-at-Law, Recorder of Wenlock. 8vo. 
 1875. 11. 2s. 
 
 '^W'e can confidently sfiy that it is written throughout with clearness and intelligence, 
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 resent date. "—jSo'icitors' Jnurnal. 
 
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28 STEVENS AND SONS' LAW PUBLICATIONS. 
 
 RAILWAYS.— Lely's Railway and Canal Traffic Act, 
 
 , 187S. — 'And other Bailway and Canal Statutes; with the General 
 
 Orders, Fonns, and Table of Fees. By J. M. LEL Y, Esq. Post 8 vo. 
 
 1873. 8b. 
 
 RATES AND RATING.— Castle's Praetibal Treatise on 
 
 the L,a^^r of Rating. By EDWARD JAMES CASTLE, of 
 
 the Inner Temple, Barrister-at-Law. Demy 8vo. 1879. II. Is. 
 
 "Mr. Castle's book is a 'correct, exhaustive, clear and concise view of the law."— 
 
 Zaw IVmes, July 5, 1879. 
 
 "The book is a useful assistant in a perplexed branch of Law." — Law Journal. 
 
 Chamber's Law relating to Rates and. Rating ; 
 
 with especial reference to the Powers and Duties of Rate-levying 
 
 Local Authorities, and their Officers. Being the Statutes in fuU 
 
 and brief Notes of 550 Cases. By G. F. CHAMBERS, Esq., 
 
 Earrister-at-Law. Imp. 8vo. 1878. ' 12s. 
 
 REAL ESTATE.— Foster's Law of Joint Ownership 
 
 and Partition of Real Kstate. By EDWARD JOHN 
 
 POSTER, M.A., late of Lincoln's Inn, Barrister-at-Law. 8vo. 
 
 1878. ' 10s. 6d. 
 
 "Mr. Foster may be congratulated on having produced a very satisfactory vade 
 
 mecum on the Law of Joint Ownership and Partition. He has taken considerable 
 
 pains to make his treatise practically useful, and has combined within the fifteen 
 
 chapters into which the book is divided,' brevity«of statement with completeness of 
 
 treatment."— Xoicil/a^oaMe, February, 1879. 
 
 REAL PROPERTY.— Greenwrood's Recent Real Pro- 
 perty Statutes. Comprising those passed during the years 
 1874-1877 inclusive. Consolidated with the Earlier Statutes thereby 
 Amended. With Copious Notes, and a Supplement containing the 
 Orders under the Settled Estates Act, 1878. By HARRY 
 GREENWOOD, M.A., Esq., Barrister-at-Law. 8vo. 1878. 10s. 
 " To students particularly this collection, with the careful notes and references to 
 
 previous legislation, will be of considerable value." — Lavj Times, Oct. 26, 187S. 
 " Mr. Greenwood's book gives such of the provisions of the amended statutes as are 
 
 ptill in force, as well as the provisions of the new statutes, in order to show more clearly 
 
 the effect of the recent legislation." — Law Jowmal, Kovember 16, 1878. 
 
 Leake's Elementary Digest of the La-w of Pro- 
 perty in Land. — Containing : Introduction. Part I. The 
 Sources of the Law.— Part II. Estates in Land. By STEPHEN 
 MARTIN LEAKE, Barrister-at-Law. 8vo. 1874. \l. 2s. 
 
 %* The above forms a complete Introduction to the Study of the Law of Real Property. 
 
 Shearwood's Real Property. — A Concise Abridgment 
 
 of the Law of Real Property and an Introduction to Conveyancing. 
 
 Designed to facilitate the subject for Students preparing for 
 
 Examination. By JOSEPH A. SHEARWOOD, of Lincohi's Inn, 
 
 Esq. , Barrister-at-Law. Demy 8vo. 1878. 6s. 6d. 
 
 "The present law is expounded paragraphically, so that it could be aotuallyffcai-Kcii 
 
 without understanding the origin from which it has sprung, or the principles on which it 
 
 is based."— iow Journal, September 21, 1878. 
 
 Shelford's Real Property Statutes.— Eighth Edition. 
 By T. H. CARSON, Esq., Barrister-at-Law. 8vo. 1874. 11. 10s. 
 Smith's Real and Personal Property. — A Com- 
 pendium of the Law of Real and Personal Property, primarily 
 connected with Conveyancing. Designed as a second book for 
 Students, and as a digest of the most useful learning for Practi- 
 tioners. By JOSIAH W. SMITH, B.C.L., Q.O. Fifth Edition. 
 2 vols. DemySvo. 1877. 2?. 2s. 
 
 " He has given to the student a book which he may read over and over again with profit 
 and pleasure."— £aui Tima. 
 
 "The work before us will, we think, be found of very great service to the practitioner." 
 — Solicitor^ Journal. 
 
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119, CHANCERY LANE, LONDON, W.C. 27 
 
 REGISTRATION.— Bpowne's(G.Lathom)Papliamentapy^ 
 and Municipal Registration Act, 1878 (41 & 42 
 Vict. cap. 26) ; with an Introduction, Notes, and Additional 
 Forms. By G. LATHOM BROWNE, o£ the Middh) Temple, Esq., 
 Barrister-at-Law. 12mo. 1878. 5«. 6d. 
 
 REGISTRATION CASES.— Hop-wood and Coltman's 
 Registration Cases.— Vol. L (1868-1872). Net,2l.lSg. Calf. 
 Vol. II. (1873-1878). Net, 11. 10s. Calf. 
 RIVERS POLLUTION PREVENTION.— FitzGerald's Rivers 
 Pollution Prevention Act, 187S.— With Explanatory 
 Introduction, Notes, Cases, and Index. Royal 8vo. 1876. 3i. 6d. 
 ROMAN LAW.— Cumin.— Fide "Civil." 
 
 Greene's Outlines of Roman Law.— Consisting chiefly 
 
 of an Analysis and Summary of the Institutes. For the use of 
 
 Students. By T. WHITCOMBB GREENE, B.C.L., of Lincoln's 
 
 Inn, Barrister-at-Law. Third Edition. Foolscap 8to. 1875. 7».6d. 
 
 Mears' Studerjt's Ortolan.— An Analysis of M. Ortolan's 
 
 Institutes of Justinian, including the History and 
 
 Generalization of Roman Law. By 'r. LAMBERT MEARS, 
 
 M.A., LL.D. Lond., of the Inner Temple, Barrister-at-Law. 
 
 PubliahedJiy permission of the late M. Ortolan. PostSvo. 1876. 128. 6rf. 
 
 Ruegg. — Vide "Justinian." 
 
 SAUNDERS' REPORTS.— "Williams' (Sir E. V.) Notes to 
 
 Saunders' Reports.— By the late Serjeant WILLIAMS. 
 
 Continued to the present time bj- the Right Hon. Sir EDWARD 
 
 VAUGHAN WILLIAMS. 2 vols. Royal 8vo. 1871. 2i. 10«. 
 
 SETTLED ESTATES.— Middleton's Settled Estates Act, 
 
 1877, and the Settled Estates Act Orders, 1878, 
 
 with Introduction, Notes and Forms, and Summary of Practice. 
 
 Second Edition. By JAMES W. MIDDLETON, B.A., of Lincohi's 
 
 Inn, Barrister-at-Law. 12mo. 1879. 4s. &d. 
 
 "A complete work as a practical edition of ttie Settled Estates Act, 18^7, and will be 
 
 found exceedingly useful to legal practitioners." — Law Journal, April 19. 1879. 
 
 *'Tlie book ia a well-timed and useful manual of the ^ci."— Solicitor^ Journal. 
 
 " The book is excellently arranged, particularly in the summary of practice." — Batnnlay 
 
 Review. 
 
 SHERIFF LAW — Churchill's Law of the Office and 
 Duties of the Sheriff, with the Writs and Forms relating 
 to the Office. By CAMERON CHURCHILL, B.A., of the Inner 
 Temple, Barrister-at-Law, assisted by A. CARMICHAEL BRUCE, 
 B.A, of Lincoln's Inn, Barrister-at-Law. Demy 8vo. 1879. 18s. 
 " This is a work upon a subject of large practical importance, and seems to hare be^u 
 
 compiled witli exceptional care There is an appendix of forms which will be 
 
 found useful."— iaw Times, March 8th, 1879, 
 
 " Under-Sherifls, and lawyers generally, will find this a useful book to have by them, 
 
 both for perusal and reference." — Law Magazine, May, 1879. 
 
 SHIPPING, ajid vide " Admiralty." 
 
 Boyd's Merchant Shipping Laws ; being a Consolida- 
 tion of all the Merchant Shipping and Passenger Acts from 1854 to 
 1876, inclusive ; with Notes of aU the leading English and American 
 Cases on the subjects affected by Legislation, and an Appendix 
 contaiiiing the New Rules ispued in October, 1876 ; forming a com- 
 plete Treatise on Maritime Law. By A. C. BOYD, LL.B., of the 
 Inner Temple, Esq., Barrister-at-Law, and Midland Circuit 8to. 
 
 1876. 11. 5s. 
 
 " We can recommend the wcirk as a very useful compendium of shipping law." — Zoui 
 Timet, December 80, 1876. 
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28 STEVENS AND SONS' LAW PUBLICATIONS. 
 
 SOLICITORS.— Copdery's J-a-w relating to Solicitors 
 
 of the Supreme Court of Judicature. — With an 
 
 Appendix of Statutes and Eules. By A. COKDERY, of the Inner 
 
 Temple, Esq., Barrister-at-Law. Demy 8vo. 1878. 14«. 
 
 " Mr. Cordery writes tersley and clearly, and displays iu general great industry and 
 
 care in the coUecUou of cases."— Solicitors' Jownal. 
 *' The chapters on liability of soliuitore and on lien may be selected as two of the best 
 
 in the boolc." — law Journal. 
 
 solicitors; guides.— H* " Examination Guides." 
 
 STAMP LAWS Tilsley's Treatise on the Stamp 
 
 La'WS. — Being an Analytical Digest of aU the Statutes and 
 Cases relating to Stamp Duties, with practical remarks thereon. 
 Third Edition. With Tables of all the Stamp Duties payable in 
 the United Kingdom after the 1st January, 1871, and of Tormer 
 Duties, &c., &e. By E. H. TILSLEY, of the Inland Revenue 
 Office. 8vo. 1871. 18s. 
 
 STATUTES, and vide " Acts of Parliament." 
 
 Biddle's Table of Statutes.— A Table of Beferences to 
 unrepealed Public General Acts, arranged in the Alphabetical Order 
 of their Short or Popular Titles. Second Edition, including Befer- 
 ences to all the Acts in Chitty's Collection of Statutes. Boyal 8vo. 
 1870. (Published at 9s. 6d.) Net, 2«. 6d. 
 
 Chitty's Collection of Statutes, ■with Supple- 
 ments, to 1878.— A Collection of Statutes of Practical Utility ; 
 with Notes thereon. The Third Edition, containing all the' Statutes 
 of Practical Utility in the Civil and Crim inal Administration of 
 Justice to the Present Time.. By W. N. WELSBY and EDWAKD 
 EEAVAN, Esqrs., Banisters-at-Law. In i very thick vols. Koyal 
 Svo. 1866. [PuhUahed at 121. 12s.) ' Seduced to, net, 61. 6s. 
 
 Supplemental Volume to the above, comprising the Statutes 
 1865—72. By HORATIO LLOYD, Esq., Judge of County Courts, 
 and Deputy-Chairman of Quarter Sessions for Cheshire. Royal 8vo. 
 1865—72. 3/. 4s. 
 
 Vol. II., Part L, 1873, Is. 6d. Part II., 1874, 6s. Part III., 
 1875, 16.«. Part IV., 1876, 6«. 6d. Part V., 1877, is. 6d. Part 
 VI., 1878, 10s., sewed. %* Continued Annually. 
 
 " When he (Lord Campbell) waa upon the Bench he always had this work by him, 
 
 and no statutes were ever referred to by the Bar which be could not find in it." 
 
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 1868, prepared luiderthe direction of the Statute Law Committee, 
 
 published by the authority of Her Majesty's Government. In 16 
 
 vols. Imperial 8vo. 1870-1878. 1 SI 9s. 
 
 Vol. 1. — Heiu'y III. to James II., 
 
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 3.— 11 Geo. III. to 41 Geo. III., . 
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 , 9.-6 & 7 Vict, to 9 & 10 Vict., 
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119, CHANCERY LANE, LONDON, W.C. 29 
 
 STATUTES— Con«'mfi;. 
 
 •Chronological Table of and Index to the Statutes 
 
 to the end of the Session of 1878. Fifth Edition, imperial 8vo. 
 
 1879. " Us. 
 
 •Public General Statutes, royal 8vo, issued in parts and in 
 
 complete volumes, and supplied immediately on publication. 
 * Printed by Her Majesty's Printers, and Sold by Stevens & Sons. 
 Head's Statutes by Heart; being a System of Memoria 
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 ancing. By FREDERICK WILLIAM HEAD, of the Inner 
 Temple, Student-at-Law. Demy Svo. 1877. Net, Is. 6d. 
 
 Lynch's Statute La-w, for the use of Students for the Incor- 
 porated Law Society's Examinations. 1870,1s.; 1872,1s.; 1873, 
 Is. 6d.; 1874, Is. ; 1875,1s.; 1876,1s.; 1877, Is.; Net, sewed. 
 
 SUMMONSES AND ORDERS.— Archibald.— FiWe "Judges' Cham- 
 bers Practice." 
 
 TORTS.— Addison on Wrongs and their Remedies.— 
 Being a Treatise on the Law of Torts. By C. G. ADDISON, Esq., 
 Author of "The Law of Contracts." Fifth Edition. By L. W. 
 CAVE, Esq., one of Her Majesty's Counsel. {In the press.) 
 
 TRADE MARKS — Rules under the Trade Marks' Re- 
 gistration Act, 187S (by Authority). Sewed. Net, Is. 
 Mozley's Trade Marks Registration.— A Concise 
 View of the Law and Practice of Registration of Trade Marks, as 
 altered by the Trade Marks Registration Act, 1875, and Amended 
 Act, 1876, and the Decisions thereon. With an Appendix con- 
 taining a copy of the above Acts and Rules, with Directions for 
 Registration, &c. Also the Merchandise Marks Act, 1862. By 
 LIONEL B. MOZLEY, SoUcitor. Crown Svo. 1877. 3s. 6d. 
 Sebastian's Digest of Cases of Trade Mark, 
 Trade Name, Trade Secret, Goodwill, &c., de- 
 cided in the Courts of the United Kingdom, India, the Colonies, and 
 the United States of America. By LEWIS BOYD SEBASTIAN, 
 B.C.L., M.A., of Lincoln's Inn, Esq., Barrister-at-Law, Author of 
 " The Law of Trade Marks." Demy 8vo. 1879. li Is. 
 
 " A digest which will be of very great value to all practitioners wlio have to advise 
 
 on matters conuected with trade marks." — SohcitQi-s' Journal, July 20, is79. 
 
 Sebastian on the Law of Trade Marks. — The Law 
 of Trade Marks and their Registration, and matters connected there- 
 with, including a chapter on Goodwill. Together with Appendices 
 containing Precedents of Injunctions, &o. ; The Trade Marks Regis- 
 tration Acts, 1875 — 7, the Rules and Instructions thereunder; 
 The Merchandise Marks Act, 1862, and other Statutory enact- 
 ments; and The United States Statute, 1870 and 1875, and the 
 Treaty with the United States, 1877 ; and the New Rules and 
 Instructions issued in February, 1878. With a copious Index. 
 By LEWIS BOYD SEBASTIAN, B.C.L., M.A., of Liucohi's 
 Inn, Esq., Barrister-at-Law. 8vo. 1878. 14s. 
 
 "The book cannot fail to be of service to a large class of lawyers."— Sbifcaois' 
 jBurnal, November 10th, 1878. 
 
 "Mr. Sebiistlan has written the fullest and most mfthodical book on trade marks 
 which has appeared in England since the passing of the Trade Marks Kegistration 
 hcia."— Track Marks, June, 1878. 
 
 " Viewed as a compilation, the book leaves little to be desired. Viewed as a treatise on 
 a subject of growing importance, it also strikes us as being well, and at any rate careluU; 
 executed."— iaio Journal, March 30th, 1878. 
 
 *'Mr. Sebastian's book is a caieful statement of the law," — Law Timet. 
 
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30 STEVENS AND SONS' LAW PUBLICATIONS. 
 
 TRADE MARKS.-C»'><««««'«. 
 
 Trade Marks' Journal. — 4to. Sewed. (Issiied foriMghtly.) 
 Nos. 1 to 165 are now read/y. Net, each Is. 
 
 Index to Vol. 1. (Nos. 1^7.) Net, 3s. 
 
 Ditto, „ Vol. II. (Nos. 48—97.) Net, 3s. 
 
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 Ditto, „ Vol. IV. (Nos. 124—173.) Net, 3s. 
 
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 chandise Marks' Act, 1862, and the Trade Marks' Begistration Act, 
 1875 ; with the Holes thereunder, and Practical Directions for ob- 
 taining Registration ; with Notes, full Table of Cases and Index. By 
 J. BIGLAND WOOD, Esq., Barrister-at-Law. 12mo. 1876. 5s. 
 TRAMWAYS.— Palmer. — Fwje " Conveyancing." 
 
 Sutton's Tramway Aets. — The Tramway Acts of the 
 United Kingdom, with Notes on the Law and Practice, and an 
 Appendix containing the Standing Orders of Parliament, Kides 
 of the Board of Trade relating to Tramways, and Decisions of the 
 Referees with respect to Locus Standi. By HBNEY SUTTON, 
 B.A., of Lincoln's Iim, Barrister-at-Law. Post 8vo. 1874. 12s. 
 TRUSTS AND TRUSTEES— Godefroi's Digest of the 
 PHneiples of thie La-w of Trusts and Trus- 
 tees.— By HENRY GODEFROI, of Lincoln's Inn, Esq., 
 Barrister-at-Law. Joint Author of " Godefroi and Shortt's Law of 
 Railway Companies." Demy 8vo. 1879. 11. Is. 
 
 ''Is a work of great utility to the practitioner." — Law Magazine, February, 1879. 
 " As a digest of the law, Mr. Godefroi's work merits oommendation, for the author's 
 statoments are brief and clear, and for his statements he refers to a goodly an'ay of 
 authorities. In the table of cases the references to the several contemporaneous 
 reports are given, and there is a very copious Index to subjects." — Law Journal. 
 
 USES.— Jones ("W. Hanbury) on Uses.— 8vo. 1862. 7«. 
 
 VENDORS AND PURCHASERS.— Dart's Vendors and Pur- 
 chasers. — ^A Treatise on the Law and Practice relating to Ven- 
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