No. CXXXII.

NOTICE by MORTGAGEE to MORTGAGOR of intention to BY MORTexercise POWER of SALE.

I DO HEREBY give you notice that in case you shall make default in making payment to me of the principal sum of, together with all interest thereon, secured by a certain indenture bearing date the day of, and made, or expressed to be made, between you of the one part, and myself of the other part, at the expiration of six calendar months to be computed from the date hereof, I shall immediately thereafter proceed to sell the several hereditaments and premises comprised in the said indenture, in pursuance and exercise of the power for this purpose reserved to me by the said indenture. As WITNESS my hand this day of

To C. D. [mortgagor.]

A. B. [mortgagee].

GAGEE OF INTENTION

TO SELL.

No. CXXXIII.

NOTICE to produce TITLE DEEDS.

I HEREBY GIVE you notice to produce to Mr.

solicitor, on the

your residence in

day of

[solicitor], of

next, on his application

at
all the deeds and writings mentioned
or referred to in a certain indenture, dated the

day of

--, by which the same were covenanted to be produced by you to me, my heirs or assigns: And I hereby undertake to pay the reasonable costs which may attend the production of the said deeds and writings on your informing me of the amount thereof. AS WITNESS my hand this

To C. D. [covenantor.]

day of

A. B. [covenantee].

TO PRO-
DUCE
DEEDS.

OF ELEC

TION TO PURCHASE.

No. CXXXIV.

NOTICE by LESSEE to LESSOR of Election to Purchase the FREEHOLD and INHERITANCE of Premises, pursuant to a Power contained in the Lease for this purpose (a).

I HEREBY give you notice, that, pursuant to the power for this
purpose reserved to me by an indenture of lease, dated the
day of
-, whereby certain hereditaments and pre-
mises, situate &c., were demised by you to me for the term of
years, I elect and agree to purchase the said hereditaments
and premises, and the freehold and inheritance thereof in fee
simple, at the price or sum of £, and to pay the purchase
money, and in all respects to comply with the terms prescribed
by the said indenture of lease in respect of such purchase by
me;
and I request you, on or before the expiration of one calen-
dar month from the date hereof, to make out and deliver to
me an abstract of the title to the said hereditaments and pre-
mises, according to the stipulation for this purpose contained
in the said indenture of lease. AS WITNESS my hand this
day of

To A. B. [lessor.]

C. D. [lessee.]

OF A DEED OF COMPO

SITION.

the

No. CXXXV.

NOTICE of a DEED of COMPOSITION for the Benefit of CREDITORS, to be inserted in the London Gazette and in other Newspapers (under the provisions of the 12 & 13 Vict. c. 107. s. 68.) within one month after its execution (b).

NOTICE IS HEREBY GIVEN, that by an indenture bearing date day of, and made or expressed to be made between in the county of merchant [debtor], of

A. B. of

(a) Supra, p. 350.
(b) Supra, p. 493.

in the county of

and E. F. OF A DEED

the first part, C. D. of
of, in the county of [trustees], of the second part,
and the several other persons whose names are thereunder
subscribed, being severally creditors of the said A. B.
[creditors] of the third part, all and singular the real and per-
sonal estate and effects of the said A. B. have been conveyed
and assigned by the said A. B. unto and to the use of the said
C. D. and E. F., their heirs, executors, administrators and
assigns, in trust for the equal benefit of the creditors of the
said A. B., and the said indenture was duly executed by the
said A. B. on the
day of - in the presence of and
attested by G. H. of, in the county of, attorney, and

--

in the county of

day of

his clerk, and was duly by the said C. D. and E. F.

respectively, in the presence of and attested by the said G. H. and L. M.

OF COM

POSITION.

No. CXXXVI.

DIRECTION by HUSBAND and WIFE, whose consent is

DIRECTION

TEES TO CHANGE

made requisite to any change of INVESTMENT, to sell TO TRUSout STOCK and to advance the produce at interest on mortgage of a REAL ESTATE.

day of (beiug

INVEST-
MENTS.

Direction to trustees to sell out stock

monies on

PURSUANT TO THE power for this purpose enabling us under a certain indenture, dated the the settlement made on the occasion of our marriage), we do and advance hereby direct you forthwith to sell out the sum of £1000 £3 mortgage. per cent. Consolidated Bank Annuities, now standing in your names in the books of the Governor and Company of the Bank of England as trustees of the said indenture, and as such trustees, to lay out and invest the monies to be produced by such sale at interest on the mortgage of an estate in the county of, belonging to E. F. of &c., comprised in an indenture, dated the day of and made or expressed to be made between [parties], whereby the same hereditaments were conveyed by to him the said E. F. in fee simple. AS WITNESS our hands this day of

A. B. and C. D. [husband and wife.] To L. M. and N. O. [trustees of settlement.]

Notice to trustees of

by way of mortgage.

No. CXXXVII.

NOTICE by ASSIGNEE of the ASSIGNMENT of a reversionary interest in Personalty to the TRUSTEES in whose Names the Property stands (a).

I, G. H. of &c., DO HEREBY give you notice that by an indenture assignment bearing date the day of, and made between A. B. of &c., of the one part, and me the undersigned G. H. of the other part, All that the one equal third part or share of him the said A. B., under or by virtue of the will of L. M., late of deceased, dated the day of (expectant on the decease or marriage, whichever shall first happen, of N. O.), of and in the sum of £- £3 per cent. Consolidated Bank Annuities, and generally of and in all and singular other the residuary personal estate and effects of the said L. M., deceased, and the proceeds thereof, or of or in the conversion thereof, and of and in the stocks, funds and securities in or upon or of which the same or any part thereof may be invested or consist, or by which the same may be represented, howsoever the same res

Notice should

be given to

all the existing trustees.

(a) It is not necessary to give notice of an equitable incumbrance such as this to more than one of the trustees, so long as the circumstances of the case remain unaltered. But it is always more prudent to give notice to all the existing trustees, for in case notice is only given to one of several trustees and he dies, and no further notice is given to the trustees of the first incumbrance, and after his death a second incumbrancer gives notice of his security to the then existing trustees, without having received notice of the first incumbrance, the second incumbrancer would by his notice gain a preference, for in the altered circumstances which the death of the trustee, who alone had notice of the first incumbrance, introduces, inquiry of all the existing trustees would not have led the inquirer to a knowledge of the previous incumbrance. (Tenison v. Ramsbottom, 2 Keen, 35; Meux v. Bell, 1 Hare, 73,97; see also Re Booth's Settlement Trusts, 16 Jur. 965).

pectively may be invested, circumstanced, secured or described, and the income and accumulations thereof respectively have been assigned by the said A. B. unto me, my executors, administrators and assigns, by way of mortgage, for the purpose of securing to me, my executors, administrators and assigns, the and interest thereon, as therein mentioned. As

sum of
WITNESS my hand, this

To Messrs. X. Y. and Y. Z. [trustees of will.]