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and in either of the said cases the above-written surrender to be void and of no effect; otherwise to remain in full force and virtue. And it shall and may be lawful to and for the said C. D., his heirs, executors, administrators, or assigns, in case the said annuity or yearly sum of £ or any part thereof, shall be behind and unpaid for the space of forty days next over or after any of the said days or times whereon the same is limited and appointed to be paid as aforesaid, to make sale, &c. (see Power of Sale, No. 322.) And to stand possessed of and interested in all and every the sum and sums of money to arise from any such sale or sales, and of the rents and profits of the said hereditaments, after the same shall become saleable, upon trust thereout, in the first place, to retain and reimburse himself and themselves all such costs, charges, and expenses as he or they shall or may sustain, expend, or be put unto in or about the making and completing such sale or sales, or otherwise in the execution of the trusts hereby in him and them reposed; and after payment thereof, as to the surplus of the money arising from such sale or sales as aforesaid, upon trust thereout to retain and pay so much of the said annuity or yearly sum of £ as at the time of completing such sale or sales shall be in arrear and unpaid; and also all such sum and sums of money, losses, costs, charges, damages, and expenses (if any) as the said C. D., his executors, administrators, or assigns, or any of them, shall pay, sustain, or be put unto by reason or means of the non-payment of the said annuity or yearly sum of £ , or any part thereof, in the manner hereinbefore mentioned, or appointed for payment thereof, or in anywise in relation thereto. And upon further trust, to place out and invest the residue of the money to arise by such sale or sales, and of the mesne rents and profits, upon government securities at interest, in the name of the said C. D., his executors, administrators and assigns. And shall stand possessed of and interested in the money so to be placed out and invested upon trust, by and out of the interest, dividends, and annual proceeds thereof, and if the same shall be insufficient, then in addition thereto, by calling in, selling, and disposing from time to time, of a sufficient part of the principal money, so to be invested, or the stocks, funds, and securities for the same, to retain and pay to himself and themselves the said annuity or yearly sum of £ as and when the same shall become due and payable and upon trust also, by and out of the money to be placed out and invested, and the dividends, interest, and proceeds thereof, to retain to him the said C. D., his executors, administrators, and assigns, all such costs, charges, and expences as he or they may sustain or be put unto in the execution of trusts hereby reposed in him and them respecting the money hereinbefore directed to

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be invested or placed out at interest; and subject to the aforesaid trusts, in trust for the said A. B., his executors, administrators, and assigns, to and for his and their own absolute use and benefit; and the receipt and receipts of the said C. D., his executors, administrators or assigns, shall from time to time well and effectually discharge any tenant, purchaser, or other person paying money to him or them in or in relation to the premises, for the money therein expressed to be received, and from subsequent liability to see to the application, or be answerable for the misapplication or nonapplication thereof.

Taken, &c.

A. B.

This surrender will be accompanied with a bond, in a penalty of double the purchase money, having a condition for payment of annuity or amount of repurchase; a warrant of attorney, having a defeazance similar to the condition in the bond.

The deed of covenant will recite the contract, the nature of the security intended to be given, the execution of the bond, and warrant, and passing the surrender. The grantor will then covenant that he is seised; has right to convey; that premises shall remain to uses of the surrender after default, free from incumbrances, and for further assurances; and it would be attended with advantage to add a further testatum, giving the grantee a power of attorney to surrender the copyholds, and execute proper deeds of covenant in the name of the grantor, as a mode of avoiding the necessity for admission. (See Debtor and Creditor Deed, form 338.)

By 55 Geo. 3, c. 141, a memorial of an annuity must be enrolled in Chancery within 30 days after date of security, and which must state the date of each security, the nature, the names of parties; names of witnesses; parties beneficially interested; for whose lives granted; consideration how paid, and amount of annuity.

This does not, however, extend to annuities granted by will or settlement, or secured on freehold or copyhold or customary lands, of equal or greater annual value than the annuity, over and above any other annuity, and the interest of any principal sum charged or secured thereon, of which the grantee had notice at the time of the grant, s. 10.

333.-Notice to pay off Mortgage.

Sir, I hereby give you notice that at the end of six calendar months from the date hereof, I shall require payment of all principal and interest monies due on your mortgage to

me, of the estate called, &c., bearing date, &c.; and that in default of payment agreeably to this notice, I shall proceed to such remedies for enforcing payment as I may be advised to adopt. Dated, &c.

Sir,

334.-Notice to Tenant to pay Rent to Mortgagee.

Take notice, that on the

day of, &c., the premises now in your occupation, and held as tenant under Mr. A. G., of, &c., were duly conveyed and mortgaged to me for securing the repayment of £ , and lawful interest, at a certain day now past, and that such principal sum, and an arrear of interest, is still due and unpaid from the said A. G. to me; I do therefore give you notice not to pay any rent now due, or hereafter to become due for the said premises to the said A. G., or to any other person than to me, or to whom I shall appoint; and to pay the same to me or such person accordingly. Dated, &c.

LEASES.

335.-Lease without Licence.

The only difference between this and a common lease will be in the habendum, which will be as follows:

To have and to hold all such part and parts, and so much of the said demised premises as are or be freehold or charterhold, and not copyhold or customary hold, unto the said [lessee] his executors, &c. [common form]. And to have and to hold all such part and parts, and so much of the said demised premises as are copyhold or customary hold, unto the said [lessee], his executors and administrators, from the day of instant, for the term of one whole year from thence next ensuing, and so on from year to year, for years longer, provided the same can be done without fine or forfeiture, yielding and paying, &c. (in usual terms).

336.-Lease with Licence.

The only difference between this and a common lease will be after the consideration the using the following words :He the said [lessor], by and with the licence and consent of the lord of the manor of W., obtained as to the copyhold parts of the said hereditaments, hath demised and leased, &c.

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BE IT REMEMBERED, that on the day and year above written, J. W., of, &c., a copyhold tenant of the said manor, came before me [C. D., deputy steward for that purpose only of,] A. B., chief steward of the said manor, and the courts thereof, and did out of court, (in consideration of a marriage about to be bad and solemnized between him the said J. W., and E. J., of, &c., surrender out of his hands into the hands of the lord of the said manor, by the hands and acceptance of me the said deputy steward, by the rod, according to the custom of the said manor, All, &c., And the reversion &c., And all the estate &c., To the use of the said J. W. and his heirs, until the solemnization of the said intended marriage; and from and after the solemnization thereof, To the use of the said J. W., and his assigns for and during the term of his natural life, and from and after his decease, To the use of the said E. his intended wife and her assigns, for and during her natural life; and from and after the decease of the survivor of them the said J. W. and E. his intended wife, To the use of the first son of the body of the said J. W. by the said E. his intended wife, and the heirs of the body of such first son lawfully issuing; and in default of such issue, To the use of the second, and all and every other son and sons of the body of the said J. W. by the said E. his intended wife, severally, successively, and in remainder, one after another as they and every of them shall be in seniority of age and priority of birth, and of the several and respective heirs of the body of all and every such son and sons lawfully issuing; the eldest of such sons, and the heirs of his body, to take and be preferred before the younger of such sons and the heirs of his body; and for default of such issue, To the use of all and every the daughter and daughters of the body of the said J. W. by the said E. his wife, equally to be divided between or amongst them, share and share alike, as tenants in common, and not as joint tenants, and of the several and respective heirs of the body and bodies of all and every such daughter and daughters, lawfully issuing; and on failure of the issue of any one or more of the said daughters of the intended marriage, (in case there shall be more than one such daughter), then as to or concerning the original part or share of the same daughter or daughters, and also as to the part or parts which shall belong to the same daughter or daughters, or her or their issue, by virtue of the present provision of cross limitation, To the use of the other or others of the said

daughter or daughters of the said intended marriage, to be equally divided between or amongst them, if more than one, share and share alike, as tenants in common and not as joint tenants, and the heirs of the body, or several and respective bodies, of the same daughter or daughters respectively lawfully issuing; and on failure of the issue of all the said daughters, to the use of the said J. W., his heirs and assigns for ever.

(338.) Trust Deed for the Benefit of Creditors.

This indenture, made &c. Between [debtor] of first part, [trustees] of second part, and the several other persons whose names are hereunto set and seals affixed, creditors of the said [debtor], of the third part.

Whereas the said [debtor] is seised of or well entitled for an estate of inheritance in fee simple in possession, according to the custom of the manor of W., in the county of S., to the messuage and hereditaments hereinafter mentioned, with the appurtenances, and is also possessed of certain stock in trade and personal estate and effects.

And whereas &c., [recite being indebted and inability to pay, with proposal to make assignment.]

Now this indenture witnesseth &c., [insert the usual assignment of personalty, upon trust to sell, with the common power of attorney.]

And this indenture further witnesseth, that in further pursuance and part performance of the said proposal and agreement, and for the considerations aforesaid, he the said [debtor] with the like consent, privity, and approbation of his said several creditors, testified as aforesaid, hath made, ordained, constituted, and appointed, and by these presents doth make &c., the said [trustees] jointly and severally, and the survivor of them, his true and lawful attorneys and attorney, for him and in his name to sell and dispose of, either by public auction or private contract, and for the best price or prices that can in their or his judgment be had or gotten for the same, All that &c. And also to make and enter into any contract or contracts in writing, with any person or persons whomsoever, in relation to such sale or sales, at discretion and in the name and stead of the said [debtor] either at some general or special court baron, to be holden for the said manor of W., or out of court, at any time or times after such sale or sales, to surrender into the hands of the lord or lords, lady or ladies of the said manor, according to the custom thereof, the said hereditaments so to be sold by the description thereof contained in the court rolls of the said manor, or such other description as may be deemed advisable or proper. And the reversion &c. And all the estate &c., (see

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