TRANSFER.

by the said hereinbefore in part recited indenture of the

Mortgage by day of

Demise.

Subject to redemption.

granted, and which is or may be now to come and unexpired, but subject nevertheless to such equity of redemption of or concerning the said hereditaments upon repayment of the said sum of L with interest, as the same are now, or immediately before the execution of these presents were subject or liable to. [But if a further sum be advanced say, freed and absolutely discharged of and from the said proviso or agreement for redemption of the said premises contained in the said hereinbefore in part recited indenture; but SUBJECT nevertheless to the proviso or agreement for that purpose hereinafter contained. (Add a covenant by the original mortgagee

advantages and appurtenances to the said premises belonging, or in anywise appertaining, or reputed or deemed so to be, or with the same or any of them now or heretofore holden, used, occupied or enjoyed, (ALL which said messuages, lands, tenements, hereditaments, and premises are now in the possession of the said (new mortgagee), by virtue of a bargain and sale for a year to him thereof made by the said (mortgagor) for five shillings consideration, by indenture bearing date on the day next before the day of the date of these presents), and the reversion and reversions, remainder and remainders of and in the said premises, and all the estate, right, title, interest, claim and demand whatsoever of him the said (mortgagor), in, to, out of, upon or respecting the said hereditaments and premises, or any of them; together with all deeds, writings and evidences of title whatever, in anywise relating to the said hereditaments and premises, or any part thereof, which now are or hereafter shall or may be in the possession, custody or power of the said (mortgagor), his heirs or assigns, or of any person or persons from whom he or they can or may procure the same, and whether enumerated or mentioned in the schedule hereunder written or not. TO HAVE AND TO HOLD the said messuages, lands, tenements, hereditaments, and all and singular other the premises hereinbefore described, and hereby granted and released, or mentioned or intended so to be, with their and every of their rights, members and appurtenances, unto and to and for the use and behoof of the said (new mortgagee), his heirs and assigns; SUBJECT nevertheless to the proviso or agreement for redemption of the same premises hereinafter contained, that is to say, PROVIDED ALWAYS," &c. as in the text.

TRANSFER.

Demise.

Covenant by

he is seised in fee where further

mortgagor that

sum advanced.

that he has not incumbered) (1). And if a further sum be advanced add, PROVIDED ALWAYS, &c. [proviso for redemption (2)]. Mortgage by ALSO [a covenant by the (mortgagor) for payment of the money (3)]. [In which case likewise add] AND the said (mortgagor) doth hereby, in manner and form aforesaid, further covenant, grant, and declare, that he the said (mortgagor), at the time of the scaling and delivery of these presents, is lawfully, rightfully, and absolutely seised in his demesne as of fee, in his own right and to his own use, of all and singular the messuages, lands, tenements, hereditaments, and premises hereinbefore assigned, or mentioned or intended so to be, as of, in, and for a good, perfect, clear, absolute and indefeazable estate of inheritance in fee simple, in possession, and in severalty, without any manner of trust, condition, power of revocation, or of limiting or declaring any new or other term, estate or interest, or any other qualification, restriction, matter, or thing whatsoever, expressed or implied, which can or may revoke, determine, abridge, qualify, alter, charge, incumber, or prejudicially affect the same in any manner howsoever, other than and except the said term of 500 years created by the said hereinbefore in part recited indenture of mortgage, and hereby assigned, or mentioned or intended so to be. AND also (4) that they the said (mortgagor) and (original mortgagee) now have in themselves, or one of them hath in himself, full power, convey. and lawful and absolute right and title to assign, transfer, and assure all and singular the said hereditaments and premises, and the possession thereof unto the said (new mortgagee), his executors, administrators, and assigns, for the said term or period of 500 years, in the

That he or original mortgagee

has right to

(1) The form of this covenant will be similar to that given, ante, p.

604.

(2) See ante, pp. 585. 604.

(3) See post. p. 794.

(4) If the new mortgage be in fee, say,

New mortgage

"And also that he the said (mortgagor) now hath in himself full in fee. power and lawful and absolute right and title to grant, bargain, sell, alien, release, and confirm all and singular the same hereditaments and premises, and the possession, reversion, and inheritance thereof, unto and to the use and behoof of the said (new mortgagee), his heirs and assigns; and that the said (mortgagor) and (original mortgagee) now have in themselves, or one of them hath in himself like right, title, and authority to assign, &c." as above.

SUP.-VOL. III.

3 F

manner aforesaid, and according to the true intent and meaning of
these presents. AND further, that in case default shall happen to
be made in payment of the said sum of £ or of the interest
thereof, or of any part of the same respectively, at the time or in the
manner hereinbefore appointed for payment thereof, it shall be law-
ful for the said (new mortgagee), his executors, administrators, and
assigns, immediately thereupon and at all times thereafter, to enter
into and upon, and to hold, possess, and enjoy all and singular the
same hereditaments and premises, and receive and retain the rents,
issues, and profits and proceeds thereof, without impeachment of or
for any manner of waste as aforesaid, to and for his and their own
use and benefit (1), and that not only for and during all such the
then residue or remainder of or in the said term of 500 years, but
also thenceforth for ever, as in or by the covenant or agreement
herein before contained for that purpose is declared or expressed, with-
out any manner of hindrance, interruption, disturbance, claim, or
demand whatsoever, by or from the said (mortgagor), or his heirs,
or any person or persons whomsoever. AND that free and clear, or
by and at the expense of the said (mortgagor), his heirs, executors,
or administrators, effectually protected and indemnified of, from, and
against all former and other estates, rights, titles, interests, charges,
and incumbrances whatsoever. AND moreover, that if any such de-
fault as aforesaid shall happen to be made in payment of the said
sum of £
or of the interest thereof, he the said (mortgagor)
and his heirs, and all and every person and persons having, claim-
ing, or possessing any estate, right, title, charge, or interest, at law
or in equity, in, to, out of, upon, or respecting the said heredita-
ments and premises, or any part thereof, from, through, under, or in
trust for him or them, shall and will from time to time, and at all
times thereafter, upon every reasonable request of the said (new
mortgagee), his executors, administrators, or assigns, but at the

New mortgage in fee.

(1) If the new mortgage be in fee, and the old mortgage term assigned to a trustee, say,

"And for the said (trustee), his executors, administrators, and assigns, to enter into and upon the same hereditaments and premises, and hold and enjoy the same for the residue now to come and unexpired of the said term of years, upon the trusts and for the intents and purposes aforesaid, without, &c." as in the text.

i:

costs and expense of the said (mortgagor), his heirs, executors, or administrators, make, do, execute, and perfect, with all due and proper dispatch, all and every such further and other lawful and reasonable acts, deeds, conveyances, assurances, matters and things whatsoever, not only (1) for the further, better, more perfectly and absolutely, or satisfactorily granting, demising, and assuring the same messuages, lands, tenements, hereditaments, and premises, and every or any part or parcel thereof unto the said (new mortgagee), his executors, administrators, and assigns, for and during all the residue or remainder which shall be then to come and unexpired of or in the said term of 500 years, free from all right of redemption incident thereto, or so far as the rules of law and equity will permit, but also for granting, releasing, conveying, and assuring the fee simple, reversion and inheritance of the same hereditaments and premises, with their and every of their respective rights, privileges, members, appendages, and appurtenances, unto and to the use and behoof of the

TRANSFER.

Mortgage by
Demise.

(1) If the new mortgage be in fee, and term be assigned to a trustee, New mortgage

say,

"For the further, better, more effectually and absolutely or satisfactorily granting, releasing, conveying, confirming, and assuring the said messuages, lands, tenements, hereditaments, and premises, and every or any part and parcel thereof, and the possession, reversion, and inheritance of the same respectively, unto and to and for the use and behoof of the said (new mortgagee), his heirs and assigns, subject only to the proviso hereinbefore contained for redemption of the said premises, until default shall be made in payment of the said principal sum of £ and interest, contrary to the true intent. and meaning of these presents; and from and after such default, then freed and absolutely and for ever discharged of and from the said proviso or agreement, and all equity and right of redemption incident thereto, so far as the rules of law and equity will permit; and also for the further, better, and more perfectly and absolutely or satisfactorily assigning the said term of years therein, unto the said (trustee), his executors, administrators, and assigns, upon and for the trusts, intents and purposes aforesaid, as he the said (new mortgagee), his heirs, executors, administrators or assigns, or his or their counsel in the law, being of the degree of a barrister, shall advise and require."

in fee.

TRANSFER.

Cortgage by
Demise.

said (new mortgagee), his heirs and assigns, or unto and to the use of any other person or persons, and his and their heirs or assigns, and in such manner and form as he the said (new mortgagee), his heirs and assigns, or his or their counsel in the law, being of the degree of a barrister, shall advise and require. PROVIDED always nevertheless, • &c. [usual proviso that mortgagor may enjoy till default in payment (1)].