Demise.

wise (1),] as he or they, or his or their counsel in MORTGAGES the law, (being of the degree of a barrister) shall lawfully or reasonably advise and require. PROVIDED always nevertheless, and it is hereby further declared and agreed by and between the parties to these presents, that until default shall be made in ment. payment of the said principal sum of £

or

of the interest thereof, or of some part of the same, upon the days, at the time, or in the manner hereinbefore appointed for payment thereof, it shall be lawful for the said (mortgagor) his heirs and assigns, peaceably and quietly to have, hold, occupy, possess, and enjoy all and singular the (2) messuages, lands, tenements, hereditaments, and premises, by these presents granted and demised, or otherwise assured or intended so

Proviso that mortgagor may fault in pay

enjoy till de

be improper to extend the covenant to the conveyance of the inheritance, and to add,

"Or unto and to the use of any purchaser or purchasers of the said premises or any part thereof, under the proviso hereinbefore contained for sale of the said premises, freed and absolutely discharged of and from all right of equity of redemption whatsoever."

(1) If the fee were, upon default, to be conveyed to the mort- Trustee. gagee himself, the term would merge in the inheritance; hence the covenant should be so framed as to enable him to require the fee to be conveyed to some other person in trust for him, that he may have the benefit of the term for protection against mesne incumbrances.

(2) If the mortgage be of a moiety or other portion only of Moiety, &c. the estate, see post, No. XI.

Demise.

MORTGAGES to be, and to receive and take the rents, issues, and profits thereof, (save only in respect of felling timber or opening mines or pits) to and for his and their own use and benefit, without any lawful eviction, hindrance, molestation, interruption, or disturbance whatsoever, of, from, or by the said (mortgagee) his executors, administrators, or assigns, or any person or persons whomsoever, rightfully claiming or possessing any estate, right, title, or interest, either at law or in equity, from, through, under, or in trust for him, them, or any or either of them, and without any account to be made or given to him or them in respect thereof (1). IN WITNESS, &c. (2).

Power to lease.

Receiver.

Assignment of

termi.

Outstanding fee.

Fee farm rent.

Mortgagee occupier.

(1) If it be agreed that the mortgagor shall have the power of granting leases, see ante, No. IV. rider (E).

If the mortgagee be to have the power of felling timber, seeib. rider (F).

If the mortgage money be to remain on the security of the premises for a given time, see ib. rider (G).

If a receiver be appointed for the purpose of keeping down the interests, see ib. rider (H).

(2) If an outstanding term is to be assigned, see post, rider (I).

If there be an outstanding legal fee to be gotten in, see post, rider (K).

If an outstanding term is hereafter to be got in, see post, rider (L).

If the premises be subject to a fee farm rent, see post, rider (M).

If the mortgagee be occupier of the premises, see post, rider (N).

If a privilege of pre-emption is to be given to the mortgagee, Pre-emption.

see post, rider (O).

If the conveyance be by a corporation, see ante, No. IV. p. 82, Corporation.

notes.

If the deed be executed by attorney, see ib.

Attorney.

For the form of the receipt to be indorsed, see ib.

Receipt.

MORTGAGES

Appointment.

No. VI.

Mortgage in Fee by Appointment (1) under a
Power.

Variations where the Mortgage is by Demise.
Where the Power was reserved to Husband and Wife,
&c. &c. as below.

Parties.

THIS INDENTURE, made the

[*in the

Lord

Recital of the of, &c. power to ap

point.

day of

year, &c. and] in the year of our BETWEEN (the mortgagor) of, &c. (2), of the one part, and (the mortgagee) of the other part. WHEREAS by

indentures of lease and release, bearing date re

spectively the

which was in the

of

and

year

days of

the release being

parts, and made or expressed to be made between, &c. the lands and hereditaments herein

Brevity.

Wife.

Trustee,

(1) Of the nature, &c. of a conveyance by appointment, see ante, Vol. II. No. XXXIV.

* If conciseness be particularly desirable, the parts within brackets may be omitted throughout the deed.

(2) If the mortgage is by a joint appointment by husband and wife, make her a party with her husband.

If the mortgagor took the estate to himself and a trustee to bar dower, see Table of Contents, "Mortgage by Mortgagor and Trustee to bar Dower."

Appointment.

after described, and intended to be by these pre- MORTGAGES sents appointed and conveyed, were (amongst other lands and hereditaments therein described,) (or as the case may be) conveyed and assured, and now stand limited to the use of such person and persons, for such estate and estates, interest and interests, &c. (pursue the words of the power), as the said (mortgagor) at any time or times, and from time to time, by any deed or deeds, instrument or instruments in writing, to be by him sealed and delivered in the presence of and attested by two or more credible witnesses, should direct, limit, or appoint the same, or any part or parcel thereof. AND WHEREAS the said (mortgagor) having occasion for the sum of £ hath agreed with the said (mortgagee) for the loan to him thereof at interest, to be secured by the bond of the said (mortgagor) and such conveyance by way of mortgage of the lands and hereditaments hereinafter described, as hereinafter is expressed, and in part performance of the said agreement, the said (mortgagor) has this day executed a bond (1) or obligation in writing unto the said (mortgagee) his executors, administrators, and assigns, in the penal sum of £ ditioned for repayment of the said sum and interest, at the times and in the manner therein and hereinafter mentioned. NOW THEREFORE THIS WITNESS, in INDENTURE WITNESSETH, that in pursuance of the of the money

con

consideration

lent.

(1) See the form of this bond, INDEX voce BOND.

Bond.