OF ALL PRESENT AND

PERSONAL

ESTATE

AND EFFECTS.

These presents to be

void if mort

gagor pays

on demand.

thereof respectively: and also to adjust, settle, compound and compromise all accounts, transactions and things whatsoever reFUTURE lating to the same premises and future property respectively; and for all or any of the purposes aforesaid to use the name or names of the said A. B., his executors or administrators, and from time to time to appoint a substitute or substitutes, and to revoke such appointments at pleasure; and generally to do, execute and perform any other act, deed, matter or thing whatsoever relative to the premises as fully and effectually as the said A. B. could personally do if these presents had not been executed, he the said A. B. ratifying and confirming, and agreeing to ratify and confirm, whatsoever the said C. D., his executors, administrators and assigns, shall do or lawfully cause to be done in the premises: PROVIDED ALWAYS, and these presents are upon this express condition, and it is hereby declared and agreed, that if the said A. B., his heirs, executors, administrators and assigns, do and shall, on demand for that purpose made to him or them, by or on the part and behalf of the said C. D., his executors, administrators or assigns, pay or cause to be paid unto him, them or any of them, the principal sum of £-together with interest for the same in the meantime, after the rate of £5 for £100 by the year, without any duction or abatement whatsoever, (except the property and income tax), then these presents, and every clause, article, matter and thing herein contained, shall cease, determine and be utterly void, or else shall be and remain in full force and How demand virtue. AND IT IS HEREBY AGREED and declared, that each demand as aforesaid, may be made upon or against the said A. B., his executors or administrators, either personally or by delivering a notice in that behalf, for or on behalf of the said C. D., his executors, administrators or assigns, at the dwelling house or last dwelling house for the time being of the said A. B., his executors or administrators. [Covenants for right to assign and for payment of principal money and interest, supra, p. 329]. AND IT IS HEREBY DECLARED that all and singular the stock in trade, furniture, plate, linen, china, goods, chattels, books of account, debts, sums of money, securities for money, and all other the personal estate and effects to which the said A. B. shall become beneficially entitled in possession, reversion,

may be made.

All future

property to

be subject to

the provi

sions herein

contained.

de

OF ALL PRESENT

AND FUTURE PERSONAL

ESTATE

AND

mortgagee

seize pro

of default.

expectancy or otherwise (except wearing apparel and leasehold estate), at any time after the execution of these presents, and during the continuance of this security, shall be and become included in this security, and be subject to the powers, provisions and covenants herein contained. AND THE SAID A. B., for himself, his executors, administrators and assigns, doth EFFECTS. hereby covenant with the said C. D., his executors, adminis- Power to trators and assigns, that in case default shall be made in to enter and payment of the principal and interest monies intended to be perty in case hereby secured, or any part thereof, when the same shall become payable as aforesaid, it shall be lawful for the said C. D., his executors, administrators or assigns, at any time or times thereafter, to enter into and upon any dwelling house, messuage, lands and hereditaments for the time being belonging to or occupied by the said A. B., in or upon which any property hereby assigned or intended so to be, or any future property intended to be comprised in this security as aforesaid, shall be or shall be supposed to be, and take, seize and carry away such property respectively, or any part or parts thereof respectively, or otherwise to remain in and upon such dwelling houses, messuages, lands and hereditaments, during his, their, or any of their free will and pleasure, for the purpose of selling, getting in, disposing of, or otherwise converting into money the same property and effects in such manner, and so from time to time as he, they or any of them shall think proper: PROVIDED ALWAYS, that until default shall be made in payment of the principal and interest monies intended to be hereby secured, or some part thereof, unto the said C. D., his execu- enjoyment tors, administrators or assigns, at the time at which the same by mortshall become payable as aforesaid, it shall be lawful for the said default. A. B., his executors, administrators and assigns, to have, retain and keep the possession of all and singular the property and effects intended to be comprised in these presents, and to use the same without any lawful let, suit, interruption or disturbance of or from the said C. D., his executors, administrators or assigns, or any person or persons claiming or to claim from or under him, them or any of them; it being nevertheless understood that this proviso shall not extend to bar or preclude the said C. D., his executors, administrators or

Power for

gagor until

OF ALL

PRESENT

AND

FUTURE PERSONAL

ESTATE

AND EFFECTS.

Power of

sale in case

of default.

may

assigns, from having or taking any remedy whatsoever against any other person or persons, who shall before the time hereinbefore appointed for vacating these presents, unlawfully seize upon or remove, sell, dispose of or take away all or any part or parts of the same property and effects: PROVIDED ALWAYS, and it is hereby agreed and declared, that in case default shall be made in payment of the said sum of £—, or the interest thereof, or any part thereof respectively, contrary to the aforesaid proviso for payment thereof, it shall and be lawful for the said C. D., his executors, administrators and assigns, without the necessity of any consent or concurrence on the part of the said A. B., his executors, administrators or assigns, to sell all and singular the property, effects and premises hereby assigned, or intended so to be, and also all the future property of the said A. B. intended to be comprised in this security under the provision hereinbefore in this behalf contained, or any part or parts thereof respectively, either by public auction or private contract, and either together or in lots, subject to such conditions and in such manner as the said C. D., his executors, administrators and assigns, shall think fit, with full power to buy in the premises, or any of them, and to rescind, vary or abandon any contract for the sale thereof, and to resell the premises in manner aforesaid, as he or they shall think proper, or otherwise to realize or convert into money the same, and for all or any of the purposes aforesaid, to enter into and execute all such acts, contracts and assurances as he or Receipts of they shall think proper: AND IT IS HEREBY AGREED AND DECLARED, that the receipts in writing of the said C. D., his executors, administrators and assigns, for any money payable to him or them by virtue of these presents, shall effectually discharge the persons to whom the same shall be given, and all persons claiming under them respectively, from being answerable or accountable for the misapplication or nonapplication, or from being bound to see to the application of the money therein respectively mentioned to be received, or from being obliged to inquire whether any money be owing on this security, or whether any such demand has been made, or any such default has been committed as aforesaid, and that such persons respectively shall not be affected by express or implied notice that no

mortgagee

to be discharges.

FUTURE

EFFECTS.

of trust as to

ing from

such demand was made or default has been committed as oF ALL PREaforesaid, or that such sale or disposition was unnecessary and T improper. AND IT IS HEREBY DECLARED that the said C. D., PERSONAL his executors, administrators and assigns, shall hold the monies ESTATE AND to arise from any such sale or sales as aforesaid, upon trust, in the first place, to pay and retain the expenses attending such sale or sales, or otherwise relating thereto, and in the next place to apply such monies in satisfaction of the monies Declaration which shall then be due on the security of these presents, and monies aristhen to pay the surplus (if any) of the said monies so to arise sale. as aforesaid unto the said A. B., his executors, administrators and assigns: PROVIDED ALWAYS, that the said C. D., his Mortgagee executors, administrators or assigns, shall not incur any respon- responsible sibility to the said A. B., his executors or administrators, by calling in reason of the neglect or delay of the said C. D., his executors, monies. administrators or assigns, or any of them, to call for or enforce payment of the debts and monies hereby assigned, and intended to be comprised in this security, or any of them, or any part or parts thereof respectively, any rule of law or equity to the contrary notwithstanding. IN WITNESS, &c.

not to be

for not

debts and

LEASES.

Leases for more than

to be by

deed.

By the Statute of Frauds, leases of tenements or three years hereditaments for any period exceeding three years must be by writing; and by the 8 & 9 Vict. c. 106. s. 3. every lease of hereditaments required by law to be in writing is void at law unless made by deed. An instrument which in terms is a present be supported lease is void if not under seal, and cannot be supported as an agreement. (Stratton v. Pettit, 3 W. Rep. 548).

Lease in

terms cannot

as an agreement.

Landlord's power of distress.

When a tenant holds of the lord of the fee or reversioner, subject to the payment of a certain rent, that rent is a rent service to which a power of distress is incident by common law; and by the 8 Ann. c. 14. ss. 6 & 7 the landlord is empowered to distrain for rent reserved on leases for life, for years, or at will, within six calendar months after the expiration of the lease, provided his title continues and the tenant is in possession at the time of the distress. The 8 Ann. c. 14. s. 1. provides, for the benefit of landlords who may be entitled to arrears of rent, that no goods shall be taken in execution