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Ir has been thought proper to add here, examples of two deeds, attended with several specialties. The first is an Assignation and Conveyance of a Disposition in Security, after several transferences and partial payments. The second is a Deed which was executed two years ago by a very extensive proprietor, on the occasion of the great depression in the value of land produce, and the consequent hardship upon tenants who had stipulated to pay money rents, corresponding to the prices of grain at the date of their leases. Both of these Deeds were prepared by eminent conveyancers; and, in similar circumstances, cannot but be useful.

APPENDIX No. I. (See p.216.)

Sale and Assignation of a Disposition in Security.

I, A B, CONSIDERING that CD, now deceased, by his heritable bond and disposition in security, for the causes therein specified, BOUND and OBLIGED himself, and his heirs, executors, and successors whomsoever, to repay to E F, his heirs and successors whomsoever, x k

VOL. II.

Sterling, and that at the term of

the sum of L.
then next, with the sum of L.

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Sterling of liquidate penalty in case of failure in punctual payments; together with the interest of the said principal sum, at the rate of 4. 10s. yearly for each 100%. thereof; beginning the first term's payment thereof at the said term of then next, and so forth yearly thereafter, at the term of , during the not-payment of the said principal sum, with the sum of 157. Sterling of liquidated expenses for each year's failure in payment of the said interest. And for the said E F and his foresaids their further security and more certain payment of the foresaid sums of money, the said C D thereby SOLD, ALIENATED and DISPONED, to and in favour of the said E F, and his foresaids, heritably, but redeemable always, and under reversion, in manner mentioned in the clause of redemption contained in the said heritable bond, ALE and WHOLE--(describe the lands)--and that in real security, and for more sure payment to the said E F and his foresaids, of the sums of money, principal, interest thereof, liquidate penalty, and termly failures above specified, if incurred; as the said heritable bond and disposition in security, containing an obligation to infeft both a me et de me, procuratory of resignation, assignation to the writs and evidents, and rents, mails, and duties of the said lands, precept of sasine, clause of redemption, and other clauses, in itself more fully bears; IN VIRTUE of which heritable bond and disposition in in security, and of the precept of sasine therein contained, the said E F was duly infeft and seised in the said subjects, in security and for payment as aforesaid, conform to instrument of sasine in his favour, dated the day of ; of which principal sum of L. Sterling, the sum of was paid to the said E F by the said CD, conform to a discharge and renunciation

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of the above heritable security to that extent in favour of the said C D, bearing date the day of AND FURTHER, CONSIDERING that he the said E F, by disposition and assignation, dated the

day of SOLD, ALIENATED and DISPONED, to and in favour of me the said A B, my heirs and successors whomsoever, or to my or their assignees, heritably, but redeemable always and under reversion, in terms of the clause of reversion contained in the said heritable bond, ALL and WHOLE the lands and others before described, together with all right, title, &c. &c. which the said E F had, or could claim or pretend to the same; AND that for and in real security and more sure payment to me and my foresaids, of the said remaining principal sum of L. part of the said original principal sum of L. being the proportion of penalty effeiring to the said principal sum of L. Sterling, stipulated in name of liquidate penalty in case of failure in payment of the said principal sum, and of the interest of the remaining principal sum of L. Sterling, at the rate of 47. 10s.

Sterling,
Sterling,

and

per cent. from and since the said term of during the not-payment of the same, all as contained in and due by the foresaid heritable bond, and infeftment thereon; as the said disposition and assignation, containing an obligation to infeft a me or de me, assignation to the rents, mails and duties, writs and title-deeds of the said lands and others, and particularly to the foresaid heritable bond and infeftment, and sums therein contained, to the extent of L. Sterling, interest and

penalties effeiring thereto, precept of sasine, clause of warrandice, and other clauses in itself also more fully bears; IN VIRTUE of which disposition and assignation, and precept of sasine therein contained, I was duly infeft and seised in the said subjects, in security and for

payment as above written, conform to instrument of

sasine in my favour, dated the day of , and registered in the general register of sasines, at Edinburgh, the : AND FURTHER, CON

day of

day of

sidering that the said E F, by his personal bond, dated the for the causes therein specified, and proceeding upon the narrative of the writs before recited, did, without prejudice to the personal obligation contained in the said heritable bond, BIND and OBLIGE himself, his heirs, executors and successors, to make payment to me and my foresaids, of the full sum of 5 per cent. per annum of interest, on the said remaining principal sum of E. Sterling, from and then last, and in all time thereafter during the not-payment of the said principal sum, and that at the terms mentioned in the said original heritable bond, with a fifth part more of each year's interest of liquidate penalty in case of failure, as the said bond bears. AND NOW, seeing that GH has made payment to me of the sum of L. Sterling,

since the said term of

in consideration of my granting the conveyance under written ; THEREFORE KNOW YE ME, the said A B, to have SOLD and DISPONED, as I hereby SELL, ALIENATE and DISPONE, to and in favour of the said G H, his heirs and assignees, heritably, but redeemable always, and under reversion, in terms of the clause of reversion contained in the said heritable bond, ALL and WHOLE -(describe the lands)—and that for and in real security, and for more sure payment to the said G H and his foresaids, of the said remaining principal sum of L. Sterling, part of the said original principal sum of L. Sterling, L. Sterling being the proportion effeiring to the said principal sum of L Sterling; of the said. original sum of L. Sterling, stipulated in name of liquidate penalty in case of failure in payment of the

said principal sum, if the same shall be incurred; and of the interest of the said remaining principal sum of L. Sterling, at the rate of 5 per cent. per annum, in terms of the said personal bond for payment of the same, by the said E F, and that from and after the date hereof, and in all time coming during the not-payment of the same, all as contained in and due by the said heritable bond and infeftment, to which I have right in manner foresaid; IN WHICH lands and others foresaid, in security and for payment as above written, I hereby BIND and OBLIGE myself and my heirs and successors whomsoever, duly and validly to infeft and sease the said G H and his foresaids, at the proper charges and expenses of the said G H, and that by two several infeftments and manners of holding, the one thereof to be holden of me and my foresaids, in free blench, for payment of a penny Scots money, on the grounds of the said lands, at the term of Whitsunday yearly, if asked only, and the other from us of our immediate lawful superiors of the same, and that either by resignation or confirmation, or both, the one without prejudice to the other; and, for that purpose, to grant, if required, procuratories of resignation, and other ne cessary writs, but that always at the charges and expenses of the person demanding the same. AND I hereby ASSIGN and MAKE OVER to the said G H and his foresaids, the rents, mails and duties, and writs and title-deeds and evidents of the said lands and others above disponed in security, in so far as I have right thereto, or interest therein. MOREOVER, I do hereby MAKE and CONSTITUTE the said G H and his foresaids, my cessioners and assignees, in and to the said remaining principal sum of L. Sterling, part of the said original principal sum of L. Sterling, with corresponding interest and penalties, as e

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