and charges and expences, unto the said [mortgagor], his executors, administrators or assigns, and to re-surrender, reconvey, assure such parts of the said hereditaments and premises, if any, as shall remain unsold, for any of the purposes aforesaid, unto the said [mortgagor], his heirs and assigns, or as he or they shall direct or appoint, and the receipts of the said [mortgagee] his heirs, executors, administrators or assigns, shall be good and sufficient discharges for all purchase or other monies therein expressed to be received; and the purchaser or purchasers, or other person or persons, paying him, her or them any monies, and taking such receipts, shall not afterwards be required to see to the application thereof, nor be answerable or accountable for the misapplication or nonapplication thereof. Taken, together with the private examination of the said [wife], the day and year first above written be me, W. B. [Mortgagor.] [Wife.] The said [deputy] steward, pro. hac. vice. Received the day and year first abovewritten, of and from the above named [mortgagee] the sum of pounds, being the consideration money above Witness, W. B. [Mortgagor.] £ : N. B. A power of attorney to surrender in the name of the mortgagor, would be of advantage in preventing the necessity of the mortgagee taking admission. 323. Further Mortgage, with Security for future Advances. This will be in the same form as a common surrender, as far as the use to the mortgagee. The condition will then be as follows: Subject nevertheless to a certain conditional surrender, made and passed by the said A. B. and E. his wife, on or about, &c. to the use of the said [mortgagee] and his heirs, for securing to him, his executors, &c. the sum of £ . and lawful interest. And subject also to and upon this express condition, 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, on the day of next ensuing the date hereof, the said sum of 3007. now advanced, with interest for the same at and after the rate of 51. for 1007. by the year, to be computed from the day of the date hereof, and also do and shall pay, or cause to be paid unto the said [mortgagee] his executors, administrators or assigns upon demand, all and every such further sum and sums of money, as he the said [mortgagee] shall from time to time advance to the said A. B. on this security, not exceeding in the whole, with the sum of 3007. now advanced, the sum of 5007. (the stamp duty in respect of which latter sum is hereupon impressed) with interest for the same, at the rate of 5. for 1007. by the year, to be computed from the time of advancing the said sums respectively, and to be paid half-yearly, on &c. during the continuance of this security, and do and shall make such respective payments without any deduction or abatement whatsoever, then, &c. [as in common surrender.] Receipt for the present advance to be written at foot. On the further advances being made, an acknowledgment of each advance should be written on the copy surrender, and on the collateral security; and it might also be as well, where the amount is at all considerable, to have the mortgagor sign a memorandum to the following effect, and to have the same presented and entered on the court rolls. Mannor of, &c. To the steward of the said manor, or his lawful deputy, for the time being. I, A. B. of, &c. do hereby authorise and require you, or one of you, to enter on the court rolls or in the court books of the said manor, this my acknowledgment, that on this day of, &c. [mortgagee] of, &c. has advanced to me the further sum of £ on the security of the conditional surrender passed by me and E. my wife, on or about, &c. to the use of the said [mortgagee], his heirs and assigns, for securing the sum of 300%. then advanced, and of further advances to be made, not exceeding 500l., and that the sum of £ and interest now remains due on such surrender. Witness my hand, &c. 324. Second Mortgage. This will be in the same form as an ordinary conditional surrender, as far as the use to the mortgagee. The condition will then be as follows: Subject nevertheless to a certain conditional surrender, made and passed of the said hereditaments by the said A. B. and E. his wife, on or about, &c., to the use of E. F., of, &c., and his heirs, with a condition for making the same void on payment to him, his executors, administrators, or assigns, of the sum of £ with lawful interest, at the time and in manner in the memorandum of such surrender mentioned. And subject also to and upon this express condition, that, if, &c. [as in eommon conditional surrender.] Sir, 325. Notice to first Mortgagee. day of, &c., I, I hereby give you notice that on this A. B., of, &c., and E. my wife, have, out of court, according to the custom of the manor of, &c., duly surrendered all and singular the hereditaments comprized in my conditional surrender, bearing date, &c., and passed to your use for securing to you, your executors, &c., the sum of, &c., To the use of C. D. of, &c., his heirs and assigns, subject to the aforesaid conditional surrender to your use, and upon condition to be void on payment by me, my heirs, &c., to the said C. D., his executors, &c., of the sum of £ with lawful interest as in the memorandum of surrender delivered to the steward of the said manor is expressed. Dated, &c. A notice from the mortgagee can readily be drawn from this form. 326. Conditional Surrender, by Direction of Purchaser. The same as 318, to end of clause 3. 4. Did out of court (at the request and by the direction of [purchaser], of, &c, the purchaser of the copyhold hereditaments hereinafter mentioned or described, testified by his signing his name at the foot hereof, and in consideration of the sum of £ of lawful money, &c., lent and advanced to the said [purchaser] by E. J. of, &c., the payment whereof is acknowledged by the said [purchaser] at the foot hereof. Surrender, &c. Clauses 5 to 9, as in 318. Subject nevertheless to and upon this express condition, That if the said [purchaser], (to the use of whom and his heirs the said hereditaments are intended immediately after the passing this surrender to be by the said A. B. and E. his wife surrendered absolutely) his heirs, executors, or administrators, do and shall, &c., [as in common condition, 318.] Receipt by purchaser for consideration money, to be written at foot, and also the following consent : "I consent to and approve of this surrender." A mortgage of even date with a sale is thus prepared, as otherwise no conditional surrender could be obtained till admission of the purchaser. The absolute surrender will be found in 278 C. 2. Between C. D. [mortgagee] of first part, A. B. [mortgagor] of second part, and J. K. [assignee] of third part. 3. Whereas, &c. Recite conditional surrender and bond. 4. And whereas default was made in payment of the said sum of £ at the time in condition of the said surrender mentioned, and still remains due upon the said surrender, as the said A. B. doth hereby acknowledge; but all interest thereon hath been paid up to the date hereof, as the said C. D. doth acknowledge; 5. And whereas the said C. D. having required payment of the said sum of £ the said J. K., upon the application of the said A. B., hath agreed to pay off the same on having the assignment hereinafter contained; 6. Now this indenture witnesseth, that in pursuance of the said agreement, and in consideration of £ of lawful money, &c. to the said C. D. paid by the said I. K., at or before the execution hereof, the receipt whereof in full of [all principal money] as aforesaid the said C. D. doth hereby, and by the receipt hereupon endorsed, acknowledge, and of and from the same and the interest paid up as aforesaid, doth hereby acquit and release the said I. K., his heirs, executors, and administrators, and also the said A. B., his heirs, executors, and administrators, and in consideration of 10s. of lawful money, &c. in like manner paid to the said A. B. (the receipt whereof is hereby acknowledged) 7. He, the said C D., hath bargained, sold, assigned, transferred and set over, and by these presents doth bargain, &c.; and the said A. B. hath granted, ratified, and confirmed, and by these presents doth, &c. unto the said J. K., his heirs, executors, and administrators, 8. All that the said recited conditional surrender on the aforesaid manor of, &c. 9. And also the said in part deeds, securities, and writings, securing the said sum of £ and advantage to arise or be had, same respectively. recited bond, and all other given or obtained for better and interest, and all benefit received, or taken from the se 10. And also all that the said principal sum of £ cured by the said recited conditional surrender and bond respectively, and all interest henceforth to accrue and grow due in respect thereof, together with all powers and remedies, both at law and in equity, now vested in the said C. D. for recovering and compelling payment thereof; 11. And all the estate, right, title, interest, benefit, power, claim, and demand whatsoever, both at law and in equity, of him the said C. D., in, to, and out of the said surrender, and the hereditaments therein comprized by virtue thereof, as well as the said principal sum, interest, securities, and premises hereby assigned, or intended so to be, and every of them respectively; 12. To have and to hold the said surrender, and all benefit and advantage thereof, unto the said I. K., his heirs and assigns for ever, To the intent that the said I. K., or his heirs, may at any time hereafter have and claim admission and be admitted tenant or tenants of the said copyhold hereditaments and premises, with their appurtenances, at the will of the lord or lords, lady or ladies, of the said manor of, &c. by and under the rents, suits, and services therefore due and of right accustomed, subject nevertheless to such equity of redemption as the said copyhold hereditaments and premises are subject and liable to by virtue of the same surrender respectively. [This clause, though taken from a draft settled by counsel, might be deemed objectionable by many stewards.] 13. And to have and to hold, receive, take, and enjoy the said principal sum of £ and interest, and all and singular other the monies, securities, and premises hereby assigned, or intended so to be, unto and by him the said I. K., his executors, administrators, and assigns, as and for his and their own absolute use and benefit, in as full, ample, and be. neficial a manner to all intents and purposes whatsoever, as he the said C. D. might have held, received, or enjoyed the same if these presents had not been made. 14. And for the considerations aforesaid, he the said C. D., doth hereby irrevocably nominate, constitute, and appoint the said I. K., his executors, administrators, and assigns, the true and lawful attorney and attorneys of him the said C. D., his executors or administrators, for the purpose of using his, their, or either of their names, in demanding, suing for, recovering, and receiving of and from the said A. B., his heirs, executors, administrators, and assigns, and all and every or any other person or persons whomsoever, liable to or who ought to pay the same, or whom else it may concern, the said sum of £ and interest hereby assigned, or intended so to be, and also in giving effectual receipts and discharges for the same, he the said I. K., his executors, administrators, and assigns, saving harmless the said C. D., his executors and |