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Vol. Fage.


MORTGAGE.- Continued.

In fee to trustees under a power in a marriage

settlement, authorizing them to invest inoney
up on mortgage

iv. 361
In fee by a man and his wife of a freehold estate of
the husband

iv. 381
In see by the owner of the inheritance and his trus-

tee for preventing dower in the old form) iv. 411
In fee by the owner of the inheritance and his

trustee for preventing dower (in the niodern

iv. 429
By demise from the owner of the inheritance and

his trustee for preventing dower (in the inodern

iv. 451
In fee for procuring part of purchase-money to a

iv. 472
Conveyance in fee to trustees, in nature of a mort-

gage for securing money borrowed, with power
to sell if not paid on a day appointed

iv. 492
In fee to secure the payment of money, by receipt

of the rent and profits of the premises, usually
styled a Welch mortgage

iv. 520
Mortgage of a lease for the life of the mortgagor
or the lives of nominecs

of a lease for years determinable on lives

Of a leasehold messuage, &c. by assiganent, by a
lessee for a term

A shorter form of leasehold premises

Of leasehold premises by indorsement on the lease v. 76
Of quoinished houses held under a building lease 88
Of a moiety or other portion of leasehold premises v. 107
Of an equity of redemption of leasehold premises v. 122
Of leasehold preinises by copartners in the trade
By trustees of a term under a marriage settle-
ment or will for the purpose of raising portions

younger children
Of a leasehold ground-rent
Of leasehold premises by the lessee or assignee to

two persons, copartners in trade, as tenants in
Of a present life interest in bank annuities
Of a reversjonary interest in bank annuities
Of a policy of assurance on the life of the mort-

V, 234
Assignment of leasehold premises to trustees in

the nature of a mortgage, for securing money
borrowed, with power to sell, if not paid on a

v. 217
How far the personaity is liable to the payment of
the mortgage money

i. 307
Payinent of the mortgage-money by the mortgagor

to the mortgagee good, though he has assigned,
unless the mortgagor has had notice

i. 357
iv. 81
May be inade to remain for a certain time iv. 93
Proviso for that purpose


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v. 138

v. 154
v. 168


v. 182
v. 199
v. 219

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Vul. Page.
MORTGAGE - Continued.

Proper mode of taking a conveyance of the fee,
where the premises are in inortgage

ii. 91
Observations on the interests of mortgagor and

ii. 95
Covenant to pay off

ii. 577
Lease of premises in mortgage

ii. 526
Observations respecting the mode of making such

Un fee, preferable to one by demise

iv. 122
Observations on the advantages and disadvantages
of the two modes

What life estates may be the subject of mortgage
securities, and what not

iv. 172
Where there is a mortgage to two or more persons,

they take as tenants in common, and not as

joint-tenants, unless it be otherwise expressed iv. 341

By indorsement of leases for years, not advisable 76
MORTGAGE-MONEY is payable to the executors or

iv. 73
And does not alter the relative interests of the
mortgagor and mortgagee

iv. 82, 90
But it inay by express terms be made payable to
the heir

Must be tendered to the mortgagee in person, un-

less a place certain for payment is fixed
After forfeiture, it must be tendered to the mort-

and not another place

A day certain should be fixed for payment, other-

wise the estate would be redeemable at any time ib.
Not more than five per cent. interest can be re-

ceived on land, except it be in Ireland, or the
West Indies, where six per cent. interest may be

Further monies to be advanced, where the secu-

rity is given for such, shall be connected with
the first lease, and precede intervening incum-

iv. 76
Money may be called in by the mortgagor at

any time after forfeiture, but not paid off by
the mortgagee, without six months notice

iv. 77
Form of notice to pay off

iv. 78
The covenant to pay mortgage money is a colla-
teral security only

iv. 107
Power to sell in default of payment

iv. 97
MORTGAGEE in possession considered as a trustee for

the mortgagor, without any allowance for his

iv. 92
Put he may appoint a receiver with a salary iv. 108
Cannot grant lease without the consent of the

iv. 92


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Vol. Page
MORTGAGEE- Continued.
He is accountable for waste, unless he has been in
possession for twenty years

iv. 92
In which case he is irredeemable unless there has

been an intervening disability, in which case
ten years further are allowed

There is also an exception where accounts have

been settled, or there has been a clear admission
that the mortgage is subsisting

Mortgagee by demise ou ht to be expressly ex-
empted from impeachment of waste

iv. 129
Until the inortgagee of copyholds is actually ad-

mitted, the legal estate is in the mortgagor and
mortgagee is seldom admitted until after for-

iv, 194
His security not impaired for want of adinission ib.
Cannot compel mortgagor to renew leases for lives,

but he may himself renew, and charge the tines
and fees

Of leaseholds for a term of years, how far liable to
the original lessor

Not liable to rerit or covenants in lease until he
takes actual possession

v. 35, 47
MORTGAGOR in possession, may cut underwood iv. 93

If he has not reserved power to cut timber, he
may be restrained

Proviso, allowing him to fell timber

iv. 106
Restraining him therefrom

Leases granted by him subsequent to the mort-
will be void

iv. 93
Covenant by to repair and insure

iv. 101
Power to grant leases

iv. 104
May appoint a receiver to keep down the interest iv. 108
Form of such power of appoiutment

A stipulation that the mortgagor on default, shall

convey the inheritance considered valid, though
not so, if it be upon condition to advance a fur-
ther sum

iv. 123, 142
Sed quere, the difference

iv, 142
And vide cases to the contrary

iv. 91
His equity of redemption in copyholds will pass
by will without surrender

iv. 194
Onihe re-adniission of mortgagor to copyholds he

takes a new descendible estate, and not accord-
ing to his former ownership, consequently

he should again surrender to the use of his will iv, 195
His persoval estate liable to pay the mortgage of

the wife's estate, wuless made for payment of
ber debts due at the time of marriage

iv. 399


Vol. Page. NEGROES by the colonial laws of the West India islands, pass as a freehold property

i. 304 n. 17 NOMINE P@NA. Form of in leases

iii. 339 May be introduced into agreements for the purchase of an estate, but it is of little effect, and the reason thereof

i. 22, 23, n. 31 Note also, that if introduced, the instrument should

as a specially obligation be under the seals of the

trustees, and not simply signed by them-Editor. /NOTICE to let reserved in leases, and why

iii. 73 Form of notice to pay off mortgage money

iv. 78 Necessary to a mortgagor, and also to a mortgagee where the security is transferred

i. 367, 368 To an agent is notice to a principal

ii. 111 NUSANCE. See Covenants in Leases.


will pass

OFFICES. How granted

i. 445 Every thing incident thereto, though not mentioned,

i. 447 Offices purely ministerial may be executed by deputy

i. 448 Unless in the case of an infant

ib. Ofices of a judicial nature cannot be executed by deputy

ib. Nor can a deputy depute another

ib, May be granted in fee for life

i. 445, 448 Offices durante se bene gesserint freehold

i. 448 Distinctiou between judicial and ministerial offices ib. ORAL conveyances

i. 160


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PARCELS should be accurately described with all the

alterations of circumstances, since any former

i. 95, 161 In a lease for a year, must precisely correspond

with the description of those in the release, as nothing will pass by the latter, which were not previously vested by the lease

i. 150

v. 297

Vol. Pige.
PARCENERS. See Tenants in Common.
PARK. Covenant in leases of

ii. 469

iii. 290
PARTITION. A power to make partition, should be
inserted in marriage settlements

vi. 512
PARTNER. See Copartners and Copartnerships.
PARTY WALLS. Repair of provided

iii. 66
PATENT. Assignment of

ï. 801
PEPPER CORN. Reservation of in leases for first

ini. 80
PERCEIVE. Force and operation of the word in

PERPETUITIES. By 39 and 40 Geo. 3. the utmost

length to which the limitation of personalties,
or the rents and profits of a real estate can be
extended, is for any number of lives in being, at
the death of the testator, and twenty-one years
and a few months (the months of gestation) af-

vi. 781
And although this limitation be exceeded, it is not

therefore void, but will be good for the time

PIN MONEY. Sum raised to pay an annuity by way
of pin money

vi. 377
PLAINT in lord's court, to prosecute the writ de droit i. 229,

PLANTATIONS in the West Indies, lease for a year
not necessary in conveyance of

i. 166, 303
Form of conveyance of

i. 301
No liecessity for a lease for a year in the convey-
ance of

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i. 303 n. 11
Mortgage of

iv. 247
Mortgages must be registered there

iv. 252
ment of in mortgage

lu annuity deeds

For life, mortgage of
PORTIONS vest in children at the age of twenty-one

or day of marriage, though the parents be living vi. 443
Proviso for the avoidance of portion where the

children become reconciled to popish or other
religious celibacy

vi. 447

v. 214

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