1. Bond from A. B. [mortgagor] of, &c. county of in the to [mortgagee] of, &c. in the penal sum of £ [double amount secured]. To bear date with surrender.-(See Form of Obli gation, 297.) 2. Whereas the above-bounden A. B. and E. his wife, copyhold tenants, or one of them, a copyhold tenant of the manor of in the county of have on the day of the date of the above written bond or obligation, in consideration of the sum of £ of lawful money of Great Britain, to them or one of them paid by the above-named [mortgagee], surrendered into the hands of the lord of the said manor, by the hands and acceptance of gentleman, steward of the said manor and the courts thereof, all, &c. [or if not described in surrender, say, by a general description thereof, all, &c. and then add the full description]. 4. To the use and behoof of the said [mortgagee], his heirs and assigns for ever, according to the custom of the said manor, 5. Subject nevertheless to a proviso or condition for making void the said surrender, on payment by the said A, B., his heirs, executors, or administrators, unto the said [mortgagee], his executors, administrators, or assigns, of the sum of £ and interest for the same at the rate of £5 for £100 by the year, on, &c. 6. Now the condition of the above obligation is such, that if the said A. B. his heirs, executors, or administrators, do and shall well and truly pay or cause to be paid unto the said [mortgagee], his executors, administrators, or assigns, the sum of £ of lawful money of Great Britain, on the day of now next ensuing, and which will be in the year of our Lord 18 together with interest for the same, at and after the rate of £5 for £100 by the year, to be computed from the date of the above-written obligation, without any deduction or abatement whatsoever, being the same principal money and interest above mentioned to be secured by the said recited conditional surrender of even date herewith, on which the ad valorem stamp of £— is impressed; 7. And also if the said A. B. was, or the said A. B. and E. his wife were, at the time of making the said surrender, rightfully and absolutely seised of and in the said copyhold hereditaments and premises, with the appurtenances, for an estate of inheritance therein according to the custom of the said manor; 8. And also if they then had good right, full power, and lawful and absolute authority to surrender the same to the use of the said [mortgagee]. and his heirs, in manner and form aforesaid; 9. And that free and clear of and from all liens, charges, and incumbrances whatsoever (save and except the rents, suits, and services therefore due, and of right accustomed); 10. And moreover, if he the said A. B., and the said E. his wife, and his heirs, and all persons claiming or to claim any estate or interest in, to, or out of the said hereditaments and premises by, from, through, under, or in trust for him, her, and them, or any of them, do and shall from time to time, and at all times hereafter during the continuance of the said principal sum and interest, or any part thereof, on this security, at the request of the said [mortgagee] his executors, administrators and assigns, but at the costs and charges in all things of the said A. B., his heirs, executors, and administrators, make, pass, execute, and perfect, or cause to be made, passed, executed, and perfected, all such further and other surrenders and assurances, for better conveying and confirming the said copyhold hereditaments and premises, with the appurtenances, unto the said [mortgagee], his heirs and assigns, as he or they or his or their counsel in the law shall rea sonably advise and require; 11. And also if he the said A. B., his heirs, executors or administrators, do and shall, at his and their expence, forthwith insure, and, during the continuance of the said principal and interest on the said security, keep insured the aforesaid messuage or tenements, hereditaments and premises, in some responsible Fire Insurance Office, to be approved of by the said [mortgagee], in the sum of £ at least, and shall and do deliver all policies and receipts for premium and duty to the said [mortgagee], his executors, administrators, or assigns, and shall and do pay or apply all monies to be received by virtue of any such insurance, either in or towards payment of the principal money and interest hereby secured, or in reinstating and rebuilding the said buildings and premises, as the said [mortgagee], his executors, administrators or assigns, shall direct; 12. Then the above written obligation to be void and of no effect, or else to be and remain in full force and virtue. Sealed and delivered? in the presence of S A deed of covenant in lieu of this bond can readily be framed from this precedent, and that of deed of covenant on sale: see 296. Clause 9 in 296, might be inscrted after cl. 9 in 319, adding "after default," &c; but a warrant of attorney (321, would be preferable. 320.- Note of Hand as Collateral Security, to be given instead of Bond in small Mortgages. £ with [place and date] Six months after date, I promise to pay Mr. [mortgagee] or order, the sum of lawful interest, value received, being the same sum as is mentioned in a certain conditional surrender of even date, passed by me and E. my wife, of certain hereditaments, copyhold of the manor of To the use of the said [mortgagee] and his heirs. A. B. 321.-Warrant of Attorney to confess Judgment in Ejectment. To A. B. & C. D., gentlemen, attorneys of her Majesty's Court of Queen's Bench (or Common Pleas) at Westminster, jointly and severally, or to any other attorney of the same Court. These are to desire and authorize you, the attorneys above named, or any one of you, or any other attorney of the Court of Queen's Bench (or Common Pleas) aforesaid, to appear for me [mortgagor] of &c. in the said court, as of this present term, or of any other subsequent term, and then and there to receive a declaration for me in an action of trespass and ejectment of farm, at the suit of John Doe, on the demise of [mortgagee] for messuages, curtilages, yards, barns, acres of land, stables, orchards, gardens, acres of pasture, acres of meadow, and acres of arable, and acres of wood, with common of pasture for all manner of cattle, with the appurtenances, situate at in the county of gagee] on the day of which the said [mortlast, had demised to the said John Doe for the term of 21 years, from the said day of last; and thereupon to confess the same action, or else to suffer judgment by nil dicit or otherwise to pass against me in the same action; and to be thereupon forthwith entered up against me of record in the said court, for the recovery of the said term yet to come of and in the said lands and tenements, with the appurtenances, and also for recovery of 40s. damages, besides costs of suit. And I the said [mortgagor] do hereby further authorize and empower you the said at torneys, or any one of you, after the said judgment shall be entered up as aforesaid, for me and in my name, and as my act and deed, to sign, seal, and execute a good and sufficient release in the law to the said [mortgagee], his heirs, executors, and administrators, of all and all manner of error and errors, writ and writs of error, and all benefit and advantage thereof, and all misprisions of error and errors, defects, and imperfections whatsoever, had, made, committed, done, or suffered in, about touching or concerning any writ, warrant, process, declaration, plea, entry, or other proceedings whatsoever, of or any way concerning the same. And for what you, the said attorneys, or any one of you, shall do or cause to be done in the premises, or any of them, this shall be to you and every of you a sufficient warrant and authority. In witness whereof I have hereto set my hand and seal the in day of the year of the reign of our Sovereign Lady Victoria, by the Grace of God Queen of the United Kingdom of Great Britain and Ireland, Defender of the Faith, and in the year of our Lord 18 Signed, Sealed, and delivered,} the presence [Mortgagor.] Defeazance.-Memorandum.-That the within written warrant of attorney is given to secure the repayment of the sum of (£5000) and interest, from the within named [mortgagor], his heirs, executors, and administrators, to the within named [mortgagee], his executors, administrators, and assigns, collaterally with a certain mortgage of the within-mentioned messuages, lands, and premises, bearing even date with these presents, and made and passed, or expressed to be made and passed, by the within named and undersigned [mortgagor], to the use of the within named and undersigned [mortgagee]; and it is hereby declared and agreed by and between the said undersigned parties hereto, that judgment shall not be entered up in pursuance of the said warrant of attorney, until after the day of next, and that no execution shall be thereafter issued or taken out thereupon, unless and until default shall be made in payment by the said [mortgagor], his heirs or assigns, of the said sum of (£5000) and interest, after the said [mortgagee], his heirs, executors, administrators, or assigns, shall have given unto the said [mortgagor], his heirs, executors, or administrators, or left at his or their last or most usual place of abode in England, calendar months' notice in writing, requiring payment of the same. And it is also declared, that it shall not be necessary for the said [mortgagee], his heirs, executors, administrators, or assigns, to revive, or cause to be revived, the said judgment, or do any act, matter, or thing to keep the same on foot, although the same shall not have been entered of record for the space of one year or upwards. And that the said [mortgagor], his heirs, executors, and administrators, shall not nor will have, receive or take any plea, exception, proceeding, or other benefit, from the omission of the said [mortgagee], his heirs, executors, administrators, or assigns, to revive the said judgment, although the same shall not have been entered for the space of one year or upwards; and that if the said [mortgagor], his heirs, executors, or administrators, shall attempt so to do by action or other legal proceeding or proceedings whatsoever, this present agreement shall and may be pleaded or shewn in bar thereto, any rule or practice of the courts, or any of them, to the contrary thereof in anywise notwithstanding. In witness whereof, the said parties hereto have hereunto set their hands and seals the day 183. (L. S.) (L. S.) 20s. stamp, 322. Conditional Surrender, with Power of Sale. This will be the same as a common conditional surrender, as far as the words, "full force and virtue," at the end; then add as follows: And it shall and may be lawful to and for the said [mortgagee,] his heirs or assigns, immediately after default, without any further consent or concurrence of the said [mortgagor,] his heirs or assigns, to make sale and absolutely dispose of the whole of the hereditaments and premises comprised in this surrender, with the appurtenances, or any part or parts thereof, either together or in parcels, and by public auction or private contract, at discretion, with liberty to buy in and resell the same, and after admittance thereto, to surrender, convey and assure the same, when so sold, unto the purchaser or purchasers thereof, his, her or their heirs and assigns, or as he, she or they shall direct or appoint, and shall stand possessed of the proceeds of such sale or sales, and the rents and profits of the said hereditaments and premises until sale, in trust to pay and discharge, as far as such proceeds shall extend, the monies due to the said [mortgagee], his executors, administrators or assigns, and all other incumbrances affecting the same hereditaments and premises, together with the costs attending such sale or sales, and the necessary proceedings to enable the making and completing such sale or sales, and the surrenders and assurances of the said hereditaments and premises on sale thereof, and all other costs, charges and expences in respect thereof or arising therefrom, and in trust to pay the remainder of such proceeds, if any, after full payment and satisfaction of such monies, incumbrances, costs, |