Copyholds.

Proviso that may enjoy till payment.

the mortgagor

default in

possession, reversion, and inheritance of the same, MORTGAGES with their and every of their respective rights, Freeholds and privileges, members, appendances, and appurtenances, to and for the use, behoof, and benefit of him the said (mortgagee) his heirs and assigns, (subject only to such equity of redemption (if any) as he the said (mortgagor) his heirs or assigns, may then have therein) (1) as the said (mortgagee) his heirs, executors, administrators, or assigns, or his or their counsel in the law (being of the degree of a barrister,) shall lawfully and reasonably advise and require, [and the rules of law and equity will permit.] PROVIDED ALWAYS nevertheless, and it is hereby further declared and agreed by and between the said (mortgagor) and (mortgagee) that until default shall be made in payment of the said principal sum of £ or some part thereof, or of the interest thereof, at the times or in the manner hereinbefore mentioned or appointed for payment of the same respectively, he the said (mortgagor) his heirs and assigns, shall or lawfully may, peaceably and quietly have, hold, occupy, possess, and enjoy all and singular the messuages, lands, tenements, hereditaments, and premises by these presents granted and released, and covenanted to be surrendered respectively, or intended so to be, and receive and take the rents, issues, and profits

(1) If a power of sale be given to the mortgagee, add as Power of sale. anle, p. 292, n. (1).

Freeholds and
Copyholds.

MORTGAGES thereof, (save only in respect of felling timber or opening mines without the consent in writing of the said (mortgagee) his heirs, executors, administrators, or assigns) to and for his and their own proper use and benefit, without any molestation, hindrance, interruption, or disturbance whatsoever, of, from, or by the said (mortgagee) his heirs, executors, administrators, or assigns, or any person or persons whomsoever, lawfully or rightfully claiming or possessing any estate, right, title, or interest, either at law or in equity, from, through, under, or in trust for him, her, them, or any or either of them (1). IN WITNESS, &c.

Copyholds not
to be prejudiced
by the grant of
the freeholds,
&c.

(1) If any of the copyhold lands be so intermixed with the freehold, as to render it doubtful whether some of them may not have been included in the grant of the freeholds (or vice versa), it will be proper (as well to guard against a constructive forfeiture by their being conveyed as freeholds, as to secure to the purchaser an equitable right to them, in default of their being surrendered), to add a recital and declaration to the following effect:

"AND WHEREAS the aforesaid copyhold lands and hereditaments are so intermixed with such of the said freehold lands and hereditaments as are situated in the common field of, &c. (or as the case may be) that it is uncertain whether some parts thereof may not have been included in the grant and release herein before made of the same. Now it is hereby expressly provided and declared by the said (mortgagor) that the grant and release, or other assurance hereinbefore made of the messuage, &c. and hereditaments hereinbefore mentioned to be of a freehold nature, shall not extend or be deemed or construed to extend to or comprise, nor were nor

Freeholds and

Copyholds.

was the same meant or intended to extend to or comprise, MORTGAGES or in anywise affect any copyhold or customary lands or hereditaments which may happen to have been described or mentioned therewith; and it is hereby declared and agreed, that the same copyhold or customary lands and hereditaments were meant and intended to be comprised in, and shall be deemed and construed to have been comprised in, and be equitably or otherwise bound by the covenant hereinbefore contained, for the surrender of the aforesaid copyhold or customary lands and hereditaments, although the same or any part thereof may have been omitted out of or from the said covenant; and further, that all and every such of the said hereditaments and premises as are of a freehold nature, and may have been described or comprised in the said covenant, shall be deemed and construed to be comprised in and concluded and equitably or otherwise bound by the grant, release, and assurance hereinbefore contained of the said freehold hereditaments and premises, although the same may have been omitted from or out of the same."

IN WITNESS, &c.

For various other provisos, &c. to be inserted in mortgage Provisos, &c. deeds as circumstances may require, see ante, No. IV. p. 87,

et seq.

VOL. V.

Y

MORTGAGES

Freeholds, Copyholds,

and Leaseholds.

No. XIV.

Mortgage of Freehold, Copyhold, and Leasehold
Premises (1).

Variations where the Mortgage is by Demise, &c. &c. as in the Margins below.

Recital of title. other part (2). WHEREAS by indentures of lease

Conveyance of freeholds, copyholds, and

leaseholds, by

same assurance.

Mortgagor an assignee.

(1) Freehold, copyhold, and leasehold lands, &c. are not unfrequently, to save expense, comprised in the same deed; and there is not the same impropriety in this, in the case of a mortgage as of a purchase (see ante, Vol. I. No. XXI. p. 277, n. (1),) particularly if the mortgage be by demise for a term, when all the premises, so far as concerns the estate of the mortgagee, will be of the same nature, and equally devolve upon his personal representatives; I have, therefore, inserted a form comprising all these species of property united.

(2) And if the mortgagor be assignee of the premises, recite here the assignment to him,

"AND WHEREAS by divers mesne assignments and other acts in the law, and particularly by a certain indenture of assignment, bearing date the

day of

in

and release, bearing date respectively, on or about MORTGAGES

parts, and made or expressed to be made between A B therein mentioned to be of, &c. and by a certain surrender made on or about the

which was in the year

in pursuance of a covenant for that

,

purpose contained in the said indenture of release, the several freehold and copyhold messuages, lands, and hereditaments hereinafter described, and intended to be hereby granted, released, and covenanted to be surrendered respectively, were for valuable considerations therein mentioned, conveyed, and

Freeholds, Copyholds, and Leaseholds.

the year

and made, or expressed to be made, between A B of the one part, and the said (mortgagor) of the other part, the said messuages or tenements, piece or parcel of ground, erections, buildings, and other the premises comprised in and demised by the said indenture of lease, of the day of were assigned to, and are now vested in the said (mortgagor) for all the then and now residue of the said term of years, subject to the rents, covenants, and agreements, on the tenant, lessee, or assignee's part thereby required to be paid, observed, and performed, as in and by the said indenture of assignment, relation being thereunto had, will more fully appear."

If the assignment be made by licence of the lessor, add,

"AND whereas the said (mortgagor) hath obtained from Licence. the said (lessor) a full licence and authority in writing under his hand, bearing date, &c. empowering him the said (mortgagor) to assign the said premises, in the manner hereinafter expressed, which said licence is, or is intended to be, annexed unto, or indorsed upon, these presents."