RECONVEY ANCE TO GAGOR. To hold to the estate, &c., TO HAVE AND TO HOLD the messuage or tenement, lands, hereditaments and premises hereby granted and released, or otherwise assured, or expressed and intended so to be, unto the said E. F., his heirs and assigns, to the use of the said E. F., his heirs and assigns, freed and absolutely discharged mortgagor. from all principal monies and interest, secured or intended to be secured by the said recited indenture, and all claims and demands on account thereof respectively, or any part thereof respectively, or on account of or under the said recited indenture. [Covenant by A. B. and C. D. against incumbrances, see Covenant supra, p. 114]. against incumbranco.. No. LXII. REASSIGNMENT of LEASEHOLDS by REPRESENTA TIVE of MORTGAGEE, on payment of MORTGAGE DEBT. THIS INDENTURE, made the REASSIGN MENT OF day of —, BETWEEN Parties. day Recite death of mortgagee, appointing executors by his will. A. B., of &c. [executor of mortgagee], of the one part, and the within-named C. D., of &c. [mortgagor], of the other part: WHEREAS the within-named J. W. died on or about the day of, having first duly signed and executed his last will and testament in writing, bearing date the of, and thereby, without making any specific bequest of the within mentioned sum of £-- and interest, or of the hereditaments comprised in and demised by the within mentioned indenture of mortgage, appointed L. M., N. O. and the That two of said A. B., executors thereof, and the said L. M. and N. O. declined to having declined to prove the said will, probate thereof was probate of his granted by the Prerogative Court of the Archbishop of Can- to remaining terbury to the said A. B. alone, on the day of last past: AND WHEREAS there is now due and owing to the Money due said A. B., as such executor as aforesaid, upon or by virtue of the within-written indenture of mortgage, the principal sum of now the executors prove, and will granted executor. on mortgage. LEASE- That mort gagor desires to pay off money due, and to have premises re assigned. Witnessing part. REASSIGN. £500 only, all interest in respect thereof having been duly paid MENT OF and satisfied up to the day of the date of these presents: AND WHEREAS the said C. D. is desirous of paying off the said principal sum of £500, and of having the hereditaments and premises comprised in and demised by the within written indenture assigned and surrendered to him for the residue of the within mentioned term of 500 years, to the intent that the same term may be merged in the freehold and inheritance thereof, in manner hereinafter mentioned: NOW THIS INDENTURE WITNESSETH, that in consideration of the premises, and of the sum of £500, on or immediately before the sealing and delivery of these presents to the said A. B. paid by the said C. D. in full satisfaction and discharge of all principal monies and interest due and owing to him the said A. B., as such executor as aforesaid, upon or by virtue of the within written indenture, he the said A. B., as such executor as aforesaid, by these presents doth assign, surrender, yield up, and release unto Assignment the said C. D., his heirs and assigns, ALL THAT the messuage of leaseholds. or tenement, farm, lands, hereditaments, and all and singular Considera tion. by executor To hold to mortgagor term. other the premises comprised in and demised by the within written indenture, and every part and parcel thereof, with their appurtenances, [And all the estate, &c.]: To HAVE AND TO for residue of HOLD the same (freed and absolutely discharged from all principal monies and interest secured, or intended to be secured by the within written indenture, and all claims and demands on account thereof respectively), unto the said C. D., his heirs and assigns, for and during all the residue and remainder now to come and unexpired of the said term of 500 years, to the intent that the said term may forthwith become merged and completely extinguished in the freehold and inheritance of the same premises. [Covenant by A. B. against incumbrance, see supra, p. 150]. IN WITNESS, &c. No. LXIII. RECEIPT of MONIES by TRUSTEES to be indorsed on a As RECEIPT INDORSED ON BUILD ING SOCIETY change of WHEREAS, since the date and execution of the within written MORTGAGE. indenture, the within-named A. B., hath departed this life, and Recite the within-named C. D. hath been duly removed from the office trustees. of trustee of the within mentioned society, called the sociation and Accumulating Fund, and E. F., of &c., and G. H., of &c., have been respectively appointed trustees in their place and stead: And the present trustees of the said society are the said E. F. and G. H. trustees of monies, &c. KNOW ALL MEN, that we, whose names are hereunder Receipt by written, being the trustees for the time being of the said Association and Accumulating Fund, do hereby acknowledge to have received from the within-named M. N. as part of the funds of and in trust for the said society, the sum of £ in full satisfaction and discharge of all monies, fines and forfeiture, intended to be secured by the within written indenture, and payable to us in pursuance thereof, and according to the rules and regulations mentioned or referred to in the said indenture. IN WITNESS Whereof we have hereunto set our hands day of this 18 (Signed) [Trustees of Building Association]. (a) By the 6 & 7 Wm. 4. c. 32. s. 5., it is provided, that it shall be lawful for the trustees named in any mortgage made on behalf of these societies, or the survivor or survivors of them, or for the trustees for the time being, to indorse upon any mortgage or further charge given by any member of such society to the trustees thereof for monies advanced by such society to any member thereof, a receipt for all monies intended to be secured by such mortgage or further charge, which shall be sufficient to vacate the same, and vest the estate of and in the property comprised in such security in the person or persons for the time being entitled to the equity of redemption, without it being necessary for the trustees of any such society to give any reconveyance of the property so mortgaged. BILLS OF SALE. Fraudulent By the 13 Eliz. c. 5. s. 2. it is enacted, that "all alienations of goods and chattels &c., to be void. and every feoffiment, gift, grant, alienation, bargain and conveyance of lands, tenements and hereditaments, goods and chattels, or of any of them, or of any lease, rent, common, or other profit or charge, out of the same lands," &c., "by writing or otherwise, and all and every bond, suit, judgment and execution, at any time had or made since the beginning of the Queen's Majesty's reign that now is, or at any time hereafter to be had or made, to the end, purpose and intent to delay, hinder or defraud creditors and others of their just and lawful actions, suits, debts, accounts, damages, penalties, forfeitures, heriots, mortuaries and reliefs, shall be deemed and taken (only as against that person or persons, his or their heirs, successors, executors, administrators and assigns, and every of them, whose actions, suits, debts, accounts, damages, penalties, forfeitures, heriots, mortuaries and reliefs, by such guileful, covinous or fraudulent devices and practices, should be in anywise disturbed, hindered, delayed or defrauded), to be utterly void." not extend to bona fide assurances. By the 6th section it is provided, that the act or The act does anything therein contained shall not extend to any estate or interest in lands, tenements, hereditaments, leases, rents, commons, profits, goods or chattels, had, made, conveyed or assured, or thereafter to be had, made, conveyed or assured, which estate or interest should be upon good consideration, and bona fide lawfully conveyed or assured to any person or persons, or bodies politic or corporate, not having at the time of such conveyance or assurance to them made any manner of notice or knowledge of such covin, fraud or collusion as is aforesaid. where debtor possession of goods. An absolute and unconditional bill of sale, al- Instances though made bona fide and for a valuable consi- may retain deration, is void as to creditors, when the possession is retained by the donor (Twyne's case, 3 Rep. 80); but where a bill of sale is given as a security for an antecedent debt or a present advance, and the possession is retained by the donor, and the deed of security provides that, until default shall be made in payment of the monies, possession of the goods shall be retained by the mortgagor, then so long as the possession of the goods is consistent with the terms of the deed, there is no ground for impeaching the transaction. (Martindale v. Booth, 3 B. & Ad. 498). So where goods and chattels are settled in such manner that the settlor may enjoy the use of them |