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No. IV.

Bond to

accompany a conditional Surrender of Copyholds.

Recital of advance by mortgagee.

executors and administrators, and every of them, sealed with my
seal, this
day of A.D. 18 (6)

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WHEREAS the above-bounden (mortgagor), at or immediately before the scaling and delivery of these presents, in consideration of the sum of 1,5007. sterling then paid to him by the said (mortgagee), surrendered into the hands of the lord of the manor of A., in the county of Somerset, by the acceptance of the steward, according to the custom of the said manor, ALL, &c. [HERE DESCRIBE parcels], and all and singular other the copyhold lands, tenements and hereditaments of him the said (mortgagor), to which he was admitted tenant at a court baron holden for the said manor on or about the day of 18 TO THE INTENT that the said (mortgagee) might be admitted tenant thereto, TO HOLD to him, his heirs and assigns, at the will of the lord, according to the custom of the said manor, SUBJECT NEVERTHELESS to a proviso contained in the now reciting surrender for making void the same, on payment by the said (mortgagor), his heirs, executors, administrators or assigns, of the sum of 1,500l., and interest for the same at the rate of 51. for every 1007. by the year, on the day of thence next ensuing, AND ALSO upon payment at the same time of all customary outgoings whatsoever (whether for fines, fees of admission, acknowledgment of satisfaction, licence to demise, heriots, boons, reliefs, suits and services, or the value thereof or otherwise), which the said (mortgagee), his heirs or assigns, shall render or pay for or in respect of the said copy hold hereditaments and premises, when he shall be admitted thereto by virtue of the said surrender, but so nevertheless that the aggregate amount of such payments shall not exceed the sum of 2,000Z.

Date of bond

must be the same as the surrender.

(b) The date of the bond must be the same as that of the surrender, and then, but not otherwise, it will come within the provisions of the Stamp Act, 55 Geo. 3, c. 184, by which it is provided that where a bond is given by way of collateral security to a mortgage, it will be sufficiently stamped with a 17. stamp, provided it bears even date with the mortgage: (2 Hughes Pract. Mort. 279.) The simple fact of the bond having been executed at the same time as the mortgage will be insufficient to bring it within the exemption, unless the date is expressly set out; still, it seems that a recital to that effect in the body of the instrument will afford sufficient evidence of that fact (Wood v. Norton, 9 B. & C. 855; S. C. 4 Man. & Ry. 973); and it also appears that such bond may be received in evidence, notwithstanding the contemporaneous instrument is improperly stamped: (Quin v. King. 1 Mees. & Wels. 42.)

No. IV.

Bond to accompany a conditional

of Copyholds.

Condition.

NOW THE CONDITION of the above written obligation is such that if the said (mortgagor), his heirs, executors or administrators, shall on the day of pay or cause to be paid unto the said (mortgagee), his executors, administrators or assigns, the prin- Surrender cipal sum of 1,500l. and interest at the rate aforesaid, and all costs and expenses which the said (mortgagee), his executors, administrators or assigns, shall pay or expend by reason of the aforesaid surrender, or in relation thereto, with interest for the same in manner expressed in the proviso or condition of redemption in the said surrender, without deduction; AND ALSO, that if the said (mortgagor) had at the time of making the aforesaid surrender good right, full power and lawful and absolute authority to surrender the said copyhold hereditaments and premises unto and to the use of the said (mortgagee), his heirs and assigns, according to the tenor of the said surrender; AND ALSO, that in case default shall be made in payment of the principal moneys and interest, or any part thereof, the said (mortgagee) shall be admitted tenant of the said hereditaments and premises by virtue of the said hereinbefore recited surrender, and shall peaceably and quietly hold the same without let, suit, eviction, ejection, interruption, molestation or disturbance, of or by any person or persons whomsoever, and that free from all incumbrances whatsoever, except the rents, heriots, suits and services to be paid and performed to the lord of the said manor for or in respect of the said copyhold premises; AND MOREOVER that if the said (mortgagor), and all persons rightfully claiming any estate or interest, legal or equitable, in or to the said copyhold hereditaments, do and shall from time to time and at all times during the continuance of the said recited mortgage security, at the request of the said (mortgagee), his executors, administrators or assigns, but at the costs of the said (mortgagor), his heirs, executors, administrators or assigns, make, do, enter into, execute and perfect all such further assurances for the more perfectly surrendering, assuring and confirming the said copyhold hereditaments and premises unto and to the use of the said (mortgagee), his heirs and assigns, according to the true intent and meaning of the said recited surrender as the said (mortgagee), his executors, administrators or assigns, or his or their counsel in the law, shall require, then the above-written bond to be void, otherwise to remain in full force and virtue.

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No. V.

DEFEASANCE ON A SURRENDER OF COPYHOLDS TO WHICH
THE MORTGAGEE HAS BEEN ACTUALLY ADMITTED TENANT.

1. Parties.

2. Recital of admission of mortgagor
to copyhold premises.

3. Of surrender to and admission of
mortgagee.

4. That surrender was made subject to proviso for redemption.

5. Covenant and declaration of uses of surrender.

Parties.

Recital of admission of

mortgagor to copyhold premises.

Of surrender

and admission of mortgagee.

day of

1. THIS INDENTURE, made the A.D., 18, BETWEEN (mortgagor) of, &c., of the one part, and (mortgagee) of the other part.

2. WHEREAS at a Court Baron holden in and for the manor of A., in the county of B., on the day of the said (mortgagor) was, on the surrender of (former owner) admitted tenant of ALL, &c. [DESCRIBE copyhold parcels], TO HOLD the same, with their appurtenances, to the use of the said (mortgagor), his heirs and assigns for ever, at the will of the lord, according to the custom of the said manor, subject to the rents, heriots, duties, suits and services, therefore due and of right accustomed.

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3. AND WHEREAS at a Court Baron holden in and for the said manor, on this present day of the said (mortgagor) hath surrendered the same copyhold hereditaments, TO THE USE of the said (mortgagee), his heirs and assigns, at the will of the lord, according to the custom of the said manor, and subject as aforesaid; and the said (mortgagee) hath been duly admitted tenant to the said premises accordingly.

4. AND WHEREAS the said surrender was so made to the said (mortgagee) for securing to him the sum of £ and subject to redemption in manner hereinafter mentioned.

and interest,

No, V. Defeasance on a Surrender of Copyholds to which Mortgagee has been admitted

Tenant.

was made

proviso for

declaration of

uses of

5. NOW THIS INDENTURE WITNESSETH, that in consideration of the sum of £ sterling, this day lent, advanced and paid by the said (mortgagee) to the said (mortgagor), the receipt of which That surrender the said (mortgagor) hereby acknowledges, and therefrom doth subject to release and for ever discharge the said (mortgagee), his heirs, redemption. executors, administrators and assigns, HE the said (mortgagor) Covenant and DOTH hereby for himself, his heirs, executors and administrators, covenant and declare with and to the said (mortgagee), his heirs, surrender. executors, administrators and assigns, that all and singular the said copyhold hereditaments and premises so mentioned to have been this day surrendered as aforesaid with their appurtenances shall be holden and enjoyed, and the said surrender shall be and enure TO THE USE AND BEHOOF of the said (mortgagee), his heirs and assigns for ever, at the will of the lord, according to the custom of the said manor, SUBJECT NEVERTHELESS to such proviso for redemption, and resurrender as hereinafter mentioned. [INSERT proviso for redemption, ut ante, No. III., clause 6, p. 204; power of sale in default, ut ante, Section II., No. II., clause 7, p. 46; covenants from mortgagor for payment of principal and interest; that he has good right to surrender; for quiet enjoyment and freedom from incumbrances, ut ante, No. III., clauses 7, 8 and 9, p. 205; ALSO covenant for further assurance, ut ante, No. II., clause 8, p. 199; AND THEN covenants from mortgagee not to exercise power of sale without giving (mortgagor) due notice, and that mortgagor shall enjoy until default, ut ante, Section II., No. II, clauses 13 and 14, p. 49.]

IN WITNESS, &c.

No. VI.

MORTGAGE OF COPYHOLDS HELD UPON FOUR LIVES SUC-
CESSIVELY, AND ASSIGNMENT OF A POLICY OF ASSURANCE
BY WAY OF ADDITIONAL SECURITY.

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Parties

Recital of grant

of copyholds to trustees in trust

for mortgagor.

1. THIS INDENTURE, made the day of A.D., 18 BETWEEN (mortgagor), of, &c., of the first part, (A.) of, &c., and (B.) of, &c., of the second part, (D.) of, &c., and (E.) of, &c., of the third part, and (two mortgagees), of, &c., of the fourth part.

2. WHEREAS at a Court Baron of the Dean and Chapter of the cathedral church of holden for the manor of H. or

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