or Feoffment. mortgagor shall fault in pay ment. wise assured, or intended so to be, with their re- MORTGAGES spective rights, members, and appurtenances, against him the said (mortgagor) and his heirs, and against all and every other person and persons whomsoever. Provided neverTHELESS (1), and it Proviso that is hereby declared and agreed, by and between the enjoy till desaid (mortgagor) and (mortgagee) (notwithstanding any thing hereinbefore contained to the contrary thereof) that until default shall be made in payment of the said principal sum of £ some part thereof, or of the interest thereof, at the times, or in the manner hereinbefore appointed for payment of the same respectively, it shall be lawful for the said (mortgagor) his heirs and assigns, to hold and enjoy all and singular the messuages, lands, tenements, hereditaments, and premises, by these presents granted and enfeoffed, or otherwise assured, or intended so to be, and receive and take the rents, issues, and profits thereof, to and for his and their own proper use and benefit, without any hindrance, molestation, interruption, or disturbance whatsoever, of, from, or by the said (mortgagee) his heirs, 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, in, to, or out of the same premises, or any part thereof, from, through, under, or in trust for (1) Of this proviso, post, No. III. MORTGAGES him, them, or any or either of them (1). IN WITNESS whereof the said parties to these pre Feoffment. (1) Here may be added any special clauses which may be agreed upon for abatement of interest, &c. &c. as post, No. IV. A feoffment must be followed by delivery of possession (unless in very particular cases, see ante, Vol. I. p. 22, notes, which may be done either in person or (where the parties are sui juris) by attorney, and such attorney may be party to the deed or not, see ante, Vol. I. p. 220, n. (2), and 227, notes. If livery of seisin be intended to be made or taken by attorney, (and he be party to the deed), powers for that purpose may be added here. When it is delivered by attorney, it may be as follows: " AND the said (mortgagor) hath nominated, constituted, and appointed, and by these presents doth nominate, constitute, and appoint the said A. B. (or if two persons be named attornies), the said A. B. and C. D. jointly and each of them severally and respectively, his true and lawful attorney (or attornies), for him and in his name and stead, into and upon the several messuages, lands, tenements, and hereditaments hereby granted and enfeoffed, or otherwise assured, or mentioned or intended so to be, or into any part thereof, in the name of the whole to enter, and full quiet and peaceable possession, and seisin thereof for him the said (mortgagor), and in his name to take and have, and such possession and seisin being so taken and had, the like possession and seisin thereof, or of any part thereof, in the name of the whole, unto the said (mortgagee) his heirs and assigns, or to his or their attorney or attornies lawfully appointed or authorised to receive the same, to give and deliver, according to the form and effect, and the true intent and meaning of these presents. AND he the said (mortgagor) doth hereby allow, ratify, and confirm, and promise and agree at all sents have hereunto set their respective hands and MORTGAGES seals (1), the day and year first above written. SEALED and delivered, &c. Feofment. times hereafter, to allow and fully to ratify and confirm, all and whatsoever his said attorney (or attornies) shall lawfully do or cause to be done in the premises by virtue hereof." Livery of seisin may likewise be made to an attorney for the mortgagee, as well as by an attorney for the mortgagor; a power for which may also be contained in the deed of feof.nent, and may be thus : Seisin taken by attorney. "And the said (mortgagee) hath nominated, constituted, Power of atand appointed, and by these presents doth nominate, con- seisin. torney to receive stitute, and appoint the said C. D. (if a party to the deed, but if not, C. D. of, &c.) his true and lawful attorney, for him and in his name and stead, to receive and take of and from the said (mortgagor) [or the said A. B. (the mortgagor's attorney) his attorney as aforesaid], full and sufficient seisin and possession of all and singular the lands and hereditaments by these presents granted, enfeoffed, and confirmed, or mentioned or intended so to be, with the appurtenances, or of any part or parcel thereof, in the name of the whole, and such seisin and possession being so taken and had, to hold and keep to and for the use of the said (mortgagee) his heirs and assigns for ever, according to the purport and effect, and the true intent and meaning of these presents." (1) If the feoffment be by a body corporate, delivery of the deed will not be necessary, and the testatum will be, "IN WITNESS whereof the said mayor, commonalty Corporation. and citizens, (or as the case may be) have hereunto put their common seal the day and year first above written." MORTGAGES Feoffment. Indorsement of livery of seisin. Memorandum of livery of seisin to be indorsed on the feoffment. BE IT REMEMBERED, that on the day and year first within written, peaceable and quiet possession, and full seisin of the messuages, lands, tenements, and hereditaments within mentioned to be granted and enfeoffed to the within named (mortgagee) and his heirs, were openly had and taken by the within named (mortgagee) in his own proper person (or by A. B. if seisin were delivered by attorney) (1) and by him (2) [or in the name of and for the said (mortgagor)] delivered to the said within named (mortgagee) [(or if seisin be taken by attorney) to the within named (attorney) in the name of and for the said (mortgagee)] to hold the same unto and to the use of the said (mortgagee) and his heirs, according to the purport and true intent and meaning of the within written indenture, and subject to the proviso for redemption of the said premises therein contained, Premises in tenancy. Mortgagor, feme covert, &c. (1) If the premises be in the occupation of a tenant there may be added, By and with the full assent of C. D. the present tenant or occupier of the said premises, testified by his signing hereof." (2) If the feoffor be an infant or feme covert, add, in the presence of us whose names are hereunto MORTGAGES subscribed (1). E. J. &c. Feoffment. Receipt (2) for the consideration, or mortgage money, to be indorsed. consideration. "I acknowledge to have received, on the day of the date Receipt for of the within written indenture, of the within named (mortgagee) the sum of £ of lawful money of the United Kingdom of Great Britain and Ireland, of English value and currency, being the full consideration money within mentioned to be paid by him to me." WITNESS. A. B. (Mortgagor) counties. (1) If the lands enfeoffed lie in several counties, and actual Lands lying delivery of possession is to be given, as supposed in the above in several form, separate liveries must be made of the land lying in each county, but not so if livery within view be made, and see ante, Vol. I. No. XVII. p. 231, n. (1). (2) See the use of a receipt indorsed, ante, Vol. I. No. XV. n. (8). |