of transfer of mortgage,

of sale by auction.

manner as should be requisite or expedient for completing the
sale. And the said [mortgagor] thereby declared that the
receipts of the said [trustees], or the survivor of them, his
executors or administrators, for the money to arise as afore-
said, should exempt the person or persons paying the same
from all liability in respect of the application thereof. AND
WHEREAS by an indenture bearing date the
day of

in the year
and made between the said [mortgagee] of
the first part, the said [mortgagor] of the second part, the said
[transferee of the third part, and the said [trustees for trans-
feree] of the fourth part, the said sum of £, secured by
the said recited indenture, and the interest thenceforth to ac-
crue thereon, with the full benefit of the said recited security,
and all other securities for the same sum and interest; also
the said messuages, lands, tenements and hereditaments, so
appointed by the said recited indenture as aforesaid, with
their appurtenances, were assigned by the said [mortgagee]
unto the said [transferee], his executors, administrators and
assigns, as to the said sum of £, and interest, absolutely
and beneficially; and as to the said messuages, lands, tene-
ments and hereditaments, with their appurtenances, for the
then unexpired residue of the said term of 500 years, subject
to the right or equity of redemption subsisting by virtue of the
said recited indenture. And by the indenture now in recital,
the said [transferee], in exercise of the aforesaid power given
to the assigns (139) of the said [mortgagee], by the said re-
cited indenture, appointed the said [trustees for transferee] to
be trustees for the purposes of the trusts and powers by the
said recited indenture vested in the said [trustees for the mort-
gagee], in the place of the last-named trustees. And the
said [mortgagor] thereby approved of and confirmed the
assignment and appointment thereinbefore contained. AND
WHEREAS the said [trustees], at the request, in writing, of the
said [transferee], caused the said messuages, lands, tenements

(139) Suprà, 358, and n. (123).

and hereditaments, to be put up to sale by public auction, at

day of last, in one lot; at which sale

NOW THIS INDENTURE WIT- TESTATUM,

mortgage ap.

To uses to prevent

dower in favour of

the purchaser.

the said [purchaser] became the purchaser of the said hereditaments at the price of £NESSETH that in consideration of the sum of £, the purchase-money aforesaid, paid by the said [purchaser] to the said [trustee for transferee] on the execution of these presents, The said [transferee], in order to complete the aforesaid Transferee of sale by the said [trustee for transferee], and in exercise of the points. aforesaid power for that purpose contained in the said recited indenture of the day of, [mortgagee,] Doth appoint That all the said messuages, lands, tenements and hereditaments comprised in the same indenture, with their appurtenances, shall henceforth be discharged from the uses by the same indenture limited thereof, and stand limited, To such uses as the said [purchaser] shall by any deed or deeds appoint; And in default of such appointment, To the use of the said [purchaser] and his assigns for his life, without impeachment of waste; and on the determination of his estate for life in his lifetime, To the use of the said [trustee for purchaser], his executors and administrators, during the life of and in trust for the said [purchaser] and his assigns; and on the determination of the lastly limited estate, To the use of the said [purchaser], his heirs and assigns for ever. And the Covenant by said [transferee], for himself, his heirs, executors and admi- incumbrances. nistrators, hereby covenants with the said [purchaser], his appointees, heirs and assigns, That he the said [trustee for transferee], has not done or permitted any act, matter or thing whereby the premises hereinbefore appointed, or any part thereof, are, is, or may be aliened, incumbered, or prejudicially affected. And the said [mortgagor] for himself, his heirs, executors and administrators, hereby covenants with the said [purchaser], his appointees, heirs and assigns, That notwithstanding any act, matter or thing done or permitted by the said [mortgagor], or any person or persons lawfully claiming through or under him, to the contrary, the said

transferee against

Qualified cove

nants by mort.

gagor for title.

[transferee] is well entitled by these presents to appoint the said hereditaments to the uses and in manner aforesaid; And also that at all times hereafter the same hereditaments may be quietly enjoyed and the rents and profits thereof may be taken accordingly, without any eviction or denial whatsoever by the said [mortgagor], or any person or persons lawfully claiming through or under him; Free from, or by the said [mortgagor], his heirs, executors or administrators, kept indemnified against all former and other estates, rights, titles and incumbrances created or occasioned by the said [mortgagor], or any person or persons claiming as aforesaid; And, lastly, that the said [mortgagor], and every person claiming as aforesaid, will, at the request and costs of the said [purchaser], his appointees, heirs or assigns, make and execute such acts, deeds and assurances, by appointment or otherwise, for better assuring the said hereditaments to the uses and in manner aforesaid, or otherwise, as the person or persons making such request shall reasonably require and shall tender to be done or executed.

Parties.

RECITALS, -of mortgage,

No. 29.

RECONVEYANCE, by APPOINTMENT, on Redemption of a Mort-
gage in Fee. [A New Form, founded on No. 25.]
THIS INDENTURE, made the day of .
in the year
of our Lord ———————, Between [transferee of mortgagee], of &c.
of the first part; [mortgagor] of &c. of the second part; and
[trustees for mortgagor], of &c. of the third part; WHEREAS,
by an indenture bearing date the

year

day of

in the

and made between the said [mortgagor], of the first part: [mortgagee], of the second part; and [trustees for mortgagee], of the third part; in consideration of the sum of paid by the said [mortgagee] to the said [mortgagor], All [pancels], with their appurtenants, were limited by the

said [mortgagor], To the use of the said [mortgagee], his executors, administrators and assigns, for the term of 500 years, to be computed from the date thereof, without impeachment of waste, And subject to the said term To the use of the said [trustees for mortgagee], their heirs and assigns, In trust for the said [mortgagee], his heirs and assigns, Subject to a declaration that the use thereinbefore limited to the said [mortgagee], his executors, administrators and assigns, and the use therein before limited to the said [trustees for mortgagee], their heirs and assigns, should be deemed in equity to be so limited by way of mortgage only for securing to the said [mortgagee], his executors, administrators and assigns, the payment of the sum of £, on the

the year

day of

in

day of
after the rate of

day of

£5 per cent. per annum half-yearly, on the
and the
now reciting indenture, in order to facilitate the reconveyance
of the said hereditaments on or after the redemption thereof,
the said [mortgagor] empowered the said [mortgagee], his
executors, administrators and assigns, or after such redemp-
tion, (whether the debt and interest should be paid at the
time thereby appointed or not,) by deed attested by one or
more than one witness, to appoint the use of the said heredi
taments in such manner as should be requisite for effecting the
purposes of such reconveyance. AND WHEREAS by an in-
denture bearing date the
in the year
and made between the said [mortgagee], of the first part; the
said [mortgagor], of the second part; the said [transferee], of
the third part; and [trustees for transferee], of the fourth
part; the said sum of £- secured by the said recited in-
denture, and the interest thenceforth to accrue due thereon,
with all benefit of the said recited security and all other
securities for the same sum and interest; also the said mes-
suages, lands, tenements and hereditaments so appointed by
the said recited indenture as aforesaid, with their appurte-
nances, were assigned by the said [mortgagee] unto the said

without deduction. And by the

day of

-of transfer of mortgage.

[transferee], his executors, administrators and assigns, as to the said sum of £——, and interest, absolutely and beneficially, and as to the said messuages, lands, tenements and hereditaments, with their appurtenances, for the then unexpired residue of the said term of 500 years, subject to the right or equity of redemption subsisting by virtue of the said recited indenture. And by the now reciting indenture the said [transferee], in exercise of a certain power given to the assigns of the said [mortgagee], by the said recited indenture, appointed the said [trustees for transferee] to be trustees for the purposes of the trusts and powers by the said recited indenture vested in the said [trustees for the mortgagee], in the place of the last-named trustees. And by the now reciting indenture the said [mortgagor], in consideration of the sum of £, then paid to him by the said [transferee], covenanted and declared that the said recited indenture should thenceforth stand as a security for the principal sum of £being the aggregate amount of the said sum of £— advanced on the execution of the now reciting indenture, and the interest of the said sum of £- [the aggregate amount]. NOW THIS INDenture WitnesSETH, that in consideration of the sum of £, paid by the said [mortgagor] to the said [transferee], on the execution of these presents, in satisfaction of all principal money due to him upon the said recited mortgage security, (all interest due thereon having been paid by the said [mortgagor] to the said [transferee] up to, inclusively, the day of the date of these presents,) The said [transferee], at the request of the said [mortgagor], and in exercise of the aforesaid power of appointment contained in the said recited indenture of the day of ——, [mortgagee] Doth appoint that all the said hereditaments therein comprised and thereby appointed as aforesaid, shall henceforth remain, To such uses as the said [mortgagor] shall, by any deed or deeds, appoint, And in default of such appointment, To the use of the said [mortgagor] and his assigns for his life; And on the determitransferee against nation of his life estate in his lifetime, To the use of the said

TESTATUM.

Transferee appoints.

Uses to prevent dower.

Covenant by

incumbrances.