No. IV. Mortgage in Fee of Corporeal Hereditaments for securing a Sum lent. (Concise Form.) Variations where the Mortgage is intended to be a Se- Where the Loan is of Money in the Funds, Bills of Where of a previous Debt owing. Where the Mortgage is made in pursuance of a previous Where the Mortgagor is in Occupation of the Pre- Where the Money is to be repaid by Instalments. Where a Policy of Insurance is assigned. Where a Power of Sale is given on Default. Where there is to be an Abatement of Interest on punctual Payment. Where a Power to lease is given to the Mortgagor. Where the Money is to remain on the Security for a given Period. Where a Receiver is appointed to keep down the Interest. Where an outstanding Term is assigned. Where there is an outstanding Fee in an unknown Where an oustanding Term in an unknown Repre sentative of the Termor. Where the Premises are subject to a Fee Farm rent. MORTGAGES Mortgagor to Mortgagee in fee. (Concise Form.) Where the Mortgage is intended to be accompanied by a Bargain and Sale to be enrolled, &c. &c. MORTGAGES Mortgagor to Mortgagee in fee. (Concise Form.) Parties. Recitals. THIS INDENTURE of day of in the parts, made the year of the reign, of the &c. and in the year of our Lord one part, and (the mortgagee) (1) of, &c. WHEREAS, &C. AND WHEREAS (1) Here may be recited the mortgagor's title to the premises intended to be mortgaged; and see Vol. I. No. XVI. n. (3). If the title deeds be delivered up to the mortgagee, which, if they are in the custody or power of the mortgagor, they must be, the recitals may be very short, as thus, "Whereas the said (mortgagor) is seised in his demesne as of fee, by descent from his ancestors, of the messuages, lands, and hereditaments hereinafter described." Or, "Whereas by indentures of lease and release, bearing date respectively the and days of , which was in the year the release being of But if the mortgagor cannot have the deeds delivered over to him, it will be proper to recite a deduction of the title more fully; see Vol. I. No. XVI. n. (3). And for the form of recitals of different species of conveyances, titles, &c. see INDEX VOCE RECITALS. the said (mortgagor) has agreed with the said MORTGAGES (mortgagee) (2) for the loan to him of the sum of Mortgagor to Mortgagee in fee. (Concise Form.) (2) If the mortgage be made in pursuance of a preliminary written agreement, (and see ante, Vol. I. No. XVI. n. (3), such agreement may be here recited, as, "WHEREAS, by articles of agreement entered into the Recital of agree- one part, and the said (mortgagee) of the other part, the said ment for mort gage. should be recited before It has been mentioned in a preceding part of this work, see Lease for a year ante, Vol. I. No. XV. p. 131, n. (20), that the more scientific mode of noticing the bargain and sale or lease for a year would witnessing part. be by a distinct recital of it immediately before the witnessing part of the deed; and this mode has been practised by very eminent conveyancers, see 2 Bridg. Conv. 110, although now discontinued. Such recital may be in the following form: for a year. "AND WHEREAS in pursuance and part performance of Recital of lease the said contract the said messuages, &c. have been and now are vested in the said (mortgagee) by virtue of a bargain and sale to him thereof made by the said (mortgagor) for five shillings consideration, by an indenture bearing date the day next before, and executed previously to the sealing and delivery of these presents, for the term of one year, commencing from the day next preceding the day of the date of the same indenture, and by force of the statute made for transferring uses into possession, for the purpose of enabling him to take a release of the reversion and inheritance thereof in the manner hereinafter expressed. Now THIS INDENTURE WITNESSETH, that in fur MORTGAGES £ Mortgagor to Mortgagee in fee. (Concise Form.) Lease for a year in the release. (3) to be secured with interest after the rate of 5 per cent. per annum, [by the bond of the ther pursuance and in completion of the said contract, and in consideration," &c. as above. And in order to spare expense, the bargain and sale for a year may be included and the release of the reversion may be comprised in one and the same deed, see ante, Vol. I. No. XVI. p. 166, notes; in which case, say, The form of lease for a year when included in the release. "AND WHEREAS for the purpose of transferring the possession of the said lands and hereditaments unto the said (mortgagee), and enabling him to take a release of the reversion and inheritance of the same to him and his heirs, it hath been agreed that the said (mortgagor) shall execute such bargain and sale to him thereof, as hereinafter is expressed. Now Therefore this Indenture witnesseth, that in consideration of the premises, and for and in consideration of the sum of five shillings of lawful current money of Great Britain, to the said (mortgagor) in hand, well and truly paid by the said (mortgagee), at or immediately before the sealing and delivery of these presents, the receipt whereof is hereby acknowledged, HE the said (mortgagor) HATH bargained and sold, and by these presents DOTH bargain and sell unto the said (mortgagee), ALL, &c. (inserting here the parcels, or saying), ALL and singular the several messuages, lands, tenements, and hereditaments hereinafter described, and intended to be by these presents granted and released. To HAVE AND TO HOLD the said messuages, lands, tenements, and hereditaments, and all and singular other the premises hereinbefore bargained and sold, or intended so to be, with their respective rights, members, and appurtenances, unto the said (mortgagee), his executors, administrators, and assigns, from the day next before the day of the date of these presents, for the term of one year thence next ensuing, to the intent, that by virtue hereof, and of the statute made for transferring uses into possession, he the said (mortgagee) may be in the actual or legal pos Mortgagor to Mortgagee in fee. (Concise Form.) said (mortgagor), and] such conveyance by way MORTGAGES of mortgage of the lands and hereditaments hereinafter described, as hereinafter is expressed; and in part execution of the said agreement, the said (mortgagor) hath this day executed a certain bond. or obligation in writing, bearing even date herewith, conditioned to be void on payment of the session of the same hereditaments and premises, with the appurtenances, and thereby be enabled to accept and take a grant and release of the freehold, reversion, and inheritance thereof, unto and to the use of him the said (mortgagee) his heirs and assigns, by and under, and according to the true intent and meaning of the grant and release of the same premises hereinafter contained. AND THIS INDEnture FURTHER WITNESSETH, that in further pursuance and execution of the said agreement, and in consideration," &c. as above. (3) If the loan be of money in the funds, say, Consideration money in the "WHEREAS the said (mortgagor) has agreed with the funds. said (mortgagee) for the loan to him of the sum of £ 3 per cent. consolidated bank annuities, part of the stock of VOL. V. F |