TO SFCURE AN ACCOUNT CURRENT.

aforesaid, or on the expiration thereof, shall be due and owing TO BANKEPS to them, from or by the said W. X. and Y. Z., their executors, administrators or assigns, or other the person or persons, &c., or so much of the said monies as shall be required by such notice as aforesaid to be respectively paid, together with interest after the rate aforesaid for the monies so for the time being required to be paid, to be computed from the time or respective times of paying, lending or advancing the same respectively, up to the day of the actual payment thereof respectively, without any deduction or abatement whatsoever, according to the true intent and meaning of these presents. PROVIDED ALWAYS and it is hereby declared, that if at any Power of time or times default shall be made in payment of all or any of of default. the principal monies hereinbefore secured, or the interest thereof or any part thereof respectively contrary to the proviso or agreement hereinbefore contained for payment thereof, then and in every such case it shall be lawful to and for the said A. B. and C. D. or the survivor of them, or the executors or administrators of such survivor, their or his assigns, as the case may be, and they or he are or is hereby required at any time or times thereafter, upon the request of the said P. Q. and R. S., their executors, administrators or assigns, or other the person or persons, &c., absolutely to sell and dispose of the said messuages, &c. [Power of sale in case of default; receipts of trustees to be sufficient discharges, supra, pp. 201, 202]. AND IT Declaration IS HEREBY FURTHER AGREED, &c. [Declaration as to pro- monies arisceeds of sale; first to pay costs]. AND IN THE NEXT PLACE, sale, so far as the same may be necessary or proper for completing such sale or sales, disposition or dispositions as aforesaid, pay off and discharge the said two several sums of £1200 and £500, so respectively secured by the said herein before mentioned indentures of the days of, and the said indenture of the and the interest thereof respectively, according to their respective priority of charge on the said premises hereinbefore granted or otherwise assured: AND IN THE NEXT PLACE pay, satisfy and discharge all such principal monies and interest, as shall for the time being be due and owing from or by the said W. X. and Y. Z., their executors or administrators, or other the person

T

and

day of

of trusts of ing from

AN ACCOUNT

TO BANKERS or persons, &c., to the said P. Q. and R. S., their executors or TO SECURE administrators, or other the person or persons, &c. AND LASTLY, CURRENT. pay the residue (if any), remaining after answering the purposes aforesaid, as well of the monies arising from any sale or sales which shall be made in the lifetime of the said W. X., as, of, so much of the said yearly rents, issues and profits as shall accrue in the lifetime of the said W. X., unto the said W. X., his executors, administrators or assigns, for his and their own absolute use and benefit, as part of his personal estate. AND veyed to one IT IS HEREBY FURTHER AGREED and declared, &c. [trustees to

unsold

portions of real

estate to be recon

of mort

gagors.

This deed to

confer no

greater lien

in respect of existing mortgages.

reconvey unsold portions to W. X. in fee, and pay residue as well of monies arising from the sale after the decease of W. X. as of rents accruing after his decease, to the heirs and assigns of W. X., as part of his real estate]. PROVIDED ALWAYS, and it is hereby agreed and declared, &c., that nothing herein contained shall give or create, or be deemed, construed or taken to give or create, any further or greater lien or charge for securing payment of the said two several sums of £1200 and £500 so respectively secured by the said hereinbefore mentioned indentures of lease and release of the -- and

day of

and the said indenture of the

day of as aforesaid, or either of them, or the interest thereof, or any part thereof respectively, than is given or created by the same several indentures respectively. [Power to P. Q. and R. S. or the survivor of them, or their or his executors, administrators or assigns, or other the person or persons, &c. to appoint new trustees - Covenants by W. X. with A. B. and C. D., that he has right to grant the hereditaments; for quiet enjoyment free from incumbrances and particularly from and against the said two several sums of £1200 and £500, so respectively secured by the said indentures of lease and release of the and day of and indenture of the -day of - as aforesaid, and the interest thereof respectively, and from and against all securities for the same respectively; and for further assurance at the expense of W. X. until the property is sold under power, supra, pp. 199, 200]. IN WITNESS, &c.

No. LIII.

CHARGE upon a Sum of £3 per cent. CONSOLIDATED CHARGE ON
BANK ANNUITIES as a further SECURITY.

THIS INDENTURE, made the

STOCK.

indenture

mortgagor is

certain bone

fits in the

A. B., of &c. [mortgagor], of the one part, and C. D., of &c. [mortgagee], of the other part: WHEREAS under and by virtue Recite of the trusts declared by an indenture bearing date the under which day of —, and made, or expressed to be made, between the entitled to said A. B. of the first part, X. Y. of the second part, and E. F. and G. H. of the third part, and also under and by virtue of stock. the trusts of certain indentures therein recited, the said A. B. was, at the date of the next hereinafter recited indenture, and (subject to the assignment and provisions thereby made) is still possessed of, or otherwise well entitled to some benefits of and in the sum of £, £3 per cent. Consolidated Bank Annuities standing in the names of the said E. F. and G. H.: AND Indenture WHEREAS, by an indenture bearing date the

day of

£3 per cent.

whereby the stock was assigned as a

security for

payment of

and made, or expressed to be made, between the said A. B. of the one part, and the said C. D. of the other part, for the con- annuity. siderations therein mentioned, the said sum of £Consolidated Bank Annuities, and all interest henceforth to become due and payable for the same, as far as the said A. B. was or might be interested in the same, were assigned by the said A. B. to the said C. D., his executors, administrators and assigns, Upon the trusts therein declared for securing the payment of the annuity or yearly sum of £ thereby secured

to be paid by the said A. B. to the said C. D. for the term of ninety-nine years, if the three persons therein named, or any of them, should so long live, together with all such costs, charges and expenses as are therein mentioned in relation thereto, and subject thereto in "trust for the said A. B., his executors, administrators and assigns: AND WHEREAS, by an Security of indenture bearing even date with these presents, and made, or expressed to be made, between the said A. B. of the one part,

even date.

STOCK.

Agreement for the further security.

part.

: AND

CHARGE ON and the said C. D. of the other part, in consideration of the sum of £5000 to the said A. B., paid by the said C. D., divers messuages, and farms, lands, tenements and hereditaments therein described and mentioned to be situate in the county of and the appurtenances, have been appointed and conveyed by the said A. B. unto and to the use of the said C. D., his heirs and assigns, but subject to a proviso and covenant in the said indenture now in recital contained for redemption of the said premises on payment by the said A. B., his heirs, executors, administrators or assigns, to the said C. D., his executors, administrators or assigns, of the sum of £5000, with interest for the same after the rate of £5 per centum per annum, on the- day of which will be in the year WHEREAS it hath been agreed that the said sum of £5000, with the interest for the same, should be further secured by a charge upon the said sum of £, in manner hereinafter mentioned: Witnessing NOW THIS INDENTURE WITNESSETII, that in pursuance of the said agreement, and in consideration of the said sum of £5000, so paid as in the said indenture hereinbefore is mentioned, [the receipt, &c.], he the said A. B. doth hereby subject and charge the said sum of £, £3 per cent. Consolidated Bank Annuities, and all dividends and annual produce henceforth to become due and payable for, and to arise from the same, as far as the said A. B. is or may be interested in the said sum and premises (subject nevertheless to the said recited indenture of the day of and to the assignment and trusts therein contained), to and with the payment to the said C. D., his executors, administrators and assigns, of the said sum of £5000 so secured by the said recited indenture of even date herewith as aforesaid, with interest for the same, after the rate of £5 per cent. per annum, to be computed from Covenant by the date of these presents: AND THE SAID A. B. doth hereby for himself, his heirs, executors and administrators, covenant with the said C. D., his executors, administrators and assigns, for right to that he the said A. B. now hath in himself good right, full power and lawful authority, to charge the said sum of £5000, with interest for the same, upon the said sum of ££3 per cent. Consolidated Bank Annuities, and other the premises hereinbefore mentioned in manner aforesaid: AND FURTHER

Charge of stock.

mortgagor,

charge stock.

STOCK.

ther assur

anc.

that he the said A. B., his executors and administrators, and CHARGE ON all and every other persons and person lawfully or equitably claiming or to claim by, from, under, or in trust for him, them, and for furor any of them, shall and will, at any time or times hereafter, upon the request of the said C. D., his executors, administrators or assigns, but at the expense of the said A. B., his executors, administrators or assigns, make, do, and execute, or procure to be made, done and executed, all such further and other lawful and reasonable acts, deeds, matters and things whatsoever, for the better and more effectually charging the said sum of £— £3 per cent. Consolidated Bank Annuities, with the payment of the said sum of £5000, and the interest thereof, according to the true intent and meaning of these presents, as by the said C. D., his executors, administrators or assigns, or his or their counsel in the law, shall be devised, advised and required. IN WITNESS, &c.

A. B., of &c. [mortgagor], of the one part, and C. D., of &c., E. F., of &c. and G. H., of &c. [mortgagees], of the other Recite one part: WHEREAS by an indenture of lease, dated the day of

and made, or expressed to be made, between and of the one part, and the said A. B. of the other part, ALL THAT piece or parcel of ground [parcels as in the lease] were with their appurtenances demised unto the said A. B., his executors, administrators and assigns, for the term of ninety-nine years, wanting twenty-one days,

(a) Mortgages and other securities granted to the trustees of building societies are exempt from stamp duty. (Walker v. Giles, 6 Com. Bench, 662.) A building society can lend money on mortgage to its own members as well as to persons who are not members. (Cutbill V. Kingdom, 1 Exch. 494.)

indenture of lease,