2nd May, 1781.

3rd May,

1825.

residue of the said term to a rent of £

clear of all deductions.

Covenant (p) from R. O. to pay said rents, to
repair &c.

Proviso (q) for re-entry on non-payment of rent, or
non-performance of covenants.

Covenant by W. M. for quiet enjoyment on pay-
ment of rent and performance of covenants.
Executed by C. L. and W. M. and attested by two
witnesses.

(Master's allocatur.)

Registered Book B. No. 108.

No. III.

By Indenture of assignment between the said R. O. Mortgage.
of the one part, and D. N. of &c. of the other part,
Reciting the before-abstracted lease,

And reciting that the said D. N. had consented to
lend the said R. O. the sum of £

security of the said premises.

on the

It is witnessed that in consideration of the sum of
to the said R. O. paid by the said D. N.,

£

he the said R. O.

Did grant, assign and set over unto the said D. N.
All those messuages &c.

To hold the same unto the said D. N., his executors,
administrators and assigns, from henceforth for
all the remainder of the said term, subject never-
theless to a proviso for redemption as hereinafter
mentioned.

Proviso for redemption (r) upon payment of the
sum of £

Covenant by the said R. O. to pay the sum of
with interest in manner therein-before

£

mentioned.

Covenant from D. N. after default in payment to
enter &c., receive the rents &c.

(p) As to the necessity of noticing covenants in leases, see ante, s. 46.
(9) As to the effect of conditions and provisoes in deeds, see ante, s. 40.
() As to the redemption &c. of mortgages, see ante, s. 49.

Covenant by R. O. that he hath good right to assign,

And for further assurance.

Covenant by D. N. for quiet enjoyment until default.

And for the causes aforesaid, and for the better
securing the payment of the said sum of £
and in consideration of 5s. to the said R. O. paid
by the said D. N., he the said R. O. &c.
Did assign &c. unto the said D. N., his executors,
&c., one instrument or policy of insurance &c.
To hold the same for the benefit of the said D. N.,
subject nevertheless to such redemption as
herein-before mentioned. Executed by R. O.
and D. N. Receipt indorsed and attested by
two witnesses.

Register(s) Book, No. 220.

By Indenture of assignment between the said R. O.
of the first part, the said D. N. of the second
part, and P. S. of &c. of the third part,
Reciting the before-abstracted indentures of lease
and mortgage.

And further reciting that the said R. O. had on
day of
then last caused the said
pieces of ground and messuages to be put up to
sale by public auction, pursuant to public adver-
tisement and printed particulars, at which auction
the said P. S. was the highest bidder, and was
accordingly declared the purchaser, in pursuance
of the conditions of the said sale &c.

It is witnessed that in consideration of the sum of
£ to the said D. N. at the request of the
said R. O. testified &c., paid by the said P. S.
in full satisfaction and discharge of all principal
money and interest due to the said D. N. upon
and by virtue of the said in part recited indenture

(s) As to the registry of deeds, see ante, s. 44.

said D. N., as well as the payment of the sum
of £
, making together the sum of £
the said R. O. doth hereby acknowledge, he the
said D. N., at the request and by the direction of
the said R. O. testified &c., and also the said R. O.,
Did assign &c. unto the said P. S., his executors &c.
All those &c.

To hold the same unto the said P. S., his executors
&c., from thenceforth for all the residue of the
said term of years, subject to the rents and cove-
nants in the herein before-abstracted indentures.
Covenant by D. N. that he had done no act to
incumber.

Covenant by R. O. that the lease was valid, that
he had power to assign, for further assurance,
and for quiet enjoyment.

No. IV.

Abstract of a Grant of Lands (t) and Goods to
Charitable Uses.

15th July, By Indenture of assignment of this date, between

Reciting that the said J. P. was desirous of aug-
menting the revenues of the said college (u),

And reciting that by an indenture of lease bearing

(t) This precedent serves to show a title in part good, and in part defective, under the Mortmain Act, 9 Geo. 2. See Dig. p. iii. tit. MORTMAIN; also post, note (y).

(a) Gifts to colleges in the two Universities of Oxford and Cambridge are excepted from the operation of the Act.

No. III.

No. IV.

and made between the Dean &c. of the one part, and the said J. P. of the other part, the said Dean &c. demised and leased unto the said J. P. all that &c. To hold the same with the appurtenances unto the said J. P., his executors, administrators and assigns, for the term of

years, to be computed from the

then last, at the yearly rent of £

day of

to be

paid quarterly on the days therein mentioned, with benefit of renewal,

It was witnessed that in consideration of the sum

of 10s. paid by the said Master &c. to the said J. P., He the said J. P. did bargain, sell, assign, transfer, and set over

All that the said indenture of lease &c., and the pre

mises thereby demised, with the appurtenances, And all the estate &c.

To hold unto the said Master &c. and their successors for the residue of the said term, with the benefit of renewal, subject to the payment of the rent and performance of the covenants in the said indenture, upon the trusts thereinafter expressed, Upon trust to permit the rector of (x)

to

hold the same and receive the issues and profits thereof for his own use and benefit, he paying the reserved rent and the fines for renewal.

And it was further witnessed that for the consideration &c. He the said J. P. did bargain &c. to the said Master &c.

All and singular the household goods, furniture, [and plate and all other moveables (money excepted)] in and about his dwelling-house situate

In trust for the sole use and benefit of the rector

for the time being of the said

(x) The donor, in the case to which this precedent relates, was himself the rector of the benefice at the time of his making the gift, but this was held not to be a reservation in his own favour within the prohibitory clause of the Act, Attorney-General v. Munby, 1 Mer. 327.

18th July, Inrolled in Chancery.

1811.

4th Oct.

1811.

5th Oct.

1811.

9th Nov.

1811.

By Indenture of assignment of this date between
(same parties),

Reciting the above-abstracted indenture,

And further reciting that by indentures of lease

and release bearing date respectively the

day of

year

and made between J. G. of &c.
of the one part, and the said J. P. of the other
part; the said J. G. for the consideration of the
sum of £
paid to him by the said J. P.
did grant, release, and confirm unto the said
J. P. and his heirs, All &c., together with all
[outhouses &c.]

To hold the same to the only proper use of the said
J. P. and his heirs and assigns, subject never-
theless to a proviso for redemption.

It was witnessed that in consideration &c. [as before]
the said J. P. did bargain &c. to the said Master
&c. All and every the messuages &c., subject
nevertheless to redemption, and the said sum of
secured thereby, together with a bond
as a further security for the repayment of the

£

same,

In trust to receive the interest when due, and pay
the same to the said rector of for the time
being aforesaid, for his own use and benefit,
and receive the said principal sum of £
when the same should become due and payable,
and again to invest the same or suffer the same
to remain so invested, in order that the interest
might for ever be paid to and received by the
said rector as aforesaid.

Inrolled in Chancery.

The said J. P. made his will of this date, whereby
he did give, grant and devise to the said Master
&c. All that the perpetual advowson, donation,

No. IV.