PRECEDENT XXXVII. FREEHOLDS AND COPYHOLDS, PART OF PURCHASE MONEY REMAIN ING UNPAID. 7.-subject to purchaser's right to a conveyance in fee on paying balance of purchase money with interest. (that is to say), PROVIDED ALWAYS, and it is hereby agreed and declared that if the said C. D., his heirs, executors, administrators, or assigns, shall on the day of next [six calendar months from date] pay to the said A. B., his executors, administrators, or assigns, the said sum of £1000, the balance of the said purchase-money of £1500, with interest for the same, from the date of these presents, at the rate of four per cent. per annum, then the said A. B., his heirs or assigns, shall at any time thereafter, upon the request and at the cost of the said C. D., his heirs, executors, administrators, or assigns, convey and assure all the said premises hereinbefore expressed to be hereby granted, To the use of the said C. D., his heirs and assigns for ever [or to Dower uses, supra, p. 211] AND THIS INDENTURE ALSO WITNESSETH, 8. Witnesseth that, in further pursuance of the said agreement, and for secondly: the considerations aforesaid, He the said A. B. doth hereby, for himself, his heirs, executors, and administrators, covenant with the said C. D., his heirs and assigns [Covenant to surrender copyholds to the use of purchaser, his heirs and assigns, supra, p. 325]; AND FURTHER, that, not--for title. withstanding anything by him the said A. B. [Covenants for title to freeholds and copyholds, ante, Vol. I., p. 194; see also the forms of covenant for title, supra, p. 211]: AND THIS INDENTURE ALSO WITNESSETH, 9. Witnesseth that, in further pursuance of the said agreement in this thirdly: behalf, and for further securing the payment of the said sum of £1000 with interest, he the said C. D. doth hereby, for himself, his heirs, executors, and administrators, covenant Covenant by purchaser to with the said A. B., his executors and administrators, that re-surrender he the said C. D., or his heirs and all other necessary copyholds, his executors, administrators, or assigns, the sum of £1000, with interest for the same in the meantime at the rate of four per cent. per annum, then, from and immediately after such payment shall have been so made as aforesaid, the said term of 1000 years shall absolutely cease and determine. Ꭺ Ꭺ ? Covenant by der copyholds; vendor to surren PRECEDENT FREEHOLDS AND COPYHOLDS, PART OF PURCHASE MONEY REMAINING UNPAID. to use of vendor as mortgagee; of residue of purchase-money, parties (if any), will, immediately after the said premises herein before covenanted to be surrendered shall have been surrendered to the use of him the said C. D., his heirs and assigns, at his or their own cost be admitted thereto, and will immediately thereupon at the like cost surrender the same premises into the hands of the lord of the said manor of -, To the use of the said A. B., his heirs and assigns, according to the custom of the said manor, and at and under the rents, fines, heriots, suits, and services therefore due and of right accustomed; Subject, nevertheless, to a proviso for making void (d) the said lastmentioned surrender corresponding with the proviso for redemption hereinbefore contained (e): AND FURTHER, 10. for payment that he the said C. D., his heirs, executors, or administrators, will, on the said day of next, pay to the said A. B., his executors, administrators, or assigns, the said sum of £1000, with interest for the same in the meantime at the rate of £- per cent. per annum : AND THAT, if the said sum of £1000, or any part thereof, shall remain unpaid after the said day of next, he the said C. D., his heirs, executors, or administrators, will, so long as the same sum or any part thereof shall remain unpaid, pay to the said A. B., his executors, administrators, or assigns, interest at the rate aforesaid for the said sum of £1000, or for so much thereof as shall for the time being remain unpaid, by equal half-yearly payments on the day of - and day of [Add a Power of sale-Proviso for quiet enjoyment by purchaser till default-and Covenants for title as in an ordinary mortgage. See the Common Forms in Mortgages, ante, Vol. I., and see the Precedents of Mortgages, infra, Part ii. (f)]. IN WITNESS, &c. 11.-and interest; (d) Copyholds are not within the Satisfied Terms Act, supra, p. 283, n. (a): Dart, 191, 329. (e) Or "with the proviso hereinbefore contained for the cesser of the said term of 1000 years," if the freeholds have been limited to the vendor for a term. (f) If the mortgage be made for a term, the following clause must XXXVIII. CONVEYANCE of FREEHOLDS and COPYHOLDS by PRECEDENT MORTGAGEES under a POWER of SALE, the Mort- COPYHOLDS BY THIS INDENTURE, made, &c., between A. B., of, 1. Parties. &c., and C. D., of, &c. [mortgagees], of the one part; ditional surren E. F., of, &c. [purchaser], of the other part: WHEREAS 2. Recites a conon the day of, in consideration of the sum of der of the copysterling, being the produce of the sale of a sum holds to secure of ££3 per cent. Consolidated Bank Annuities stock. £ re-transfer of be added in order to entitle the vendor to retain the deeds. See ante, - AND FURTHER, that he the said C. D., his heirs and assigns, will henceforth, during the continuance of the said term of 1000 years, permit and suffer the said A. B., his heirs and assigns, to retain all the deeds, muniments, and evidences of title relating to the said premises comprised in the said term, in the same manner, and with the same powers over, and privileges concerning, the same as if the said A. B. had continued to be and were then the legal owner of the freehold and inheritance of the same premises. (a) Mortgagees of copyholds who have not been admitted, have only an equitable interest, which they convey to a purchaser by assignment; and they must procure their mortgagor or other person actually seised of the copyholds to make an actual surrender to the purchaser. See Precedent XXXIX. infra. If the mortgagor or person seised will not make the surrender, the mortgagees must be admitted on the previous conditional surrender, and must themselves surrender to the purchaser. In such a case, instead of an assignment, there will be a covenant by the mortgagees to surrender, as in an ordinary sale of copyholds; supra, Precedent XXX. that venuor may retain titledeeds. Conveyances of copyholds on sales by mort gagees. PRECEDENT FREEHOLDS AND belonging to the said A. B. and C. D., paid by them to G. H. [a prior mortgagee], at the request of I. K. [the mortgagor], and of a debt of £- being due and owing by the said I. K. to the said G. H., the copyhold hereditaments hereinafter expressed to be hereby assigned were duly surrendered by and by the direction of the said I. K. to the use of the said A. B. and C. D., their heirs and assigns, subject to a condition for making void the same surrender on the transfer by the said I. K., his heirs, executors, administrators, or assigns, of the sum of £— £3 per cent. Consolidated Bank Annuities into the names or name of the said A. B. and C. D., or the survivor of them, his executors or administrators, or their or his assigns, on the day of then next, and payment in the meantime to them or him by the said I. K., his heirs, executors, administrators, or assigns, of interest on the sum of £ sterling, after the rate of 5 per cent. per annum, and subject thereto, the same hereditaments were surrendered to the use of G. H., his heirs and assigns, subject to a condition making void the said last mentioned surrender on payment by the said I. K., his heirs, executors, administrators, or assigns, to the said G. H., his executors, administrators, or assigns, on demand of the sum of £- with interest: AND WHEREAS by an indenture dated the same day of, and expressed to be made between [parties], for the considerations aforesaid, the freehold hereditaments hereinafter expressed to be hereby granted with other hereditaments, were assured by and by the direction of the said I. K., to the use of the said A. B. and C. D., their heirs and assigns, subject to a proviso therein contained for the redemption thereof corresponding with the hereinbefore recited proviso for the -power of sale redemption of the said copyhold hereditaments; And it was thereby declared that it should be lawful for the said A. B. and C. D., or the survivor of them, his executors or administrators, or their or his assigns, at any time or times after the said then next, without any further consent on the part of the said I. K., his heirs or assigns, or of the said G. H., his heirs, executors, ad 3. Mortgage of freeholds and copy holds. day of ” PRECEDENT FREEHOLDS AND debt subsisting. ministrators, or assigns, to sell the said freehold hereditaments thereby granted, and the said copyhold hereditaments hereinbefore recited to have been surrendered, or any of them [Recite the power to sell and convey-the Clause exonerating purchasers from enquiring as to propriety of sale and the Receipt clause, omitting all the other provisions of the power of sale]: AND WHEREAS the 4. Mortgage said principal moneys and bank annuities the payment and re-transfer whereof are intended to be secured as hereinbefore recited, have not been repaid or re-transferred: AND WHEREAS the said A. B. and C. D., in exercise of the 5. Agreement said power contained in the hereinbefore recited indenture, have agreed to sell to the said E. F., at the price of £, the hereditaments hereinafter expressed to be hereby granted and assigned respectively, free from incumbrances: AND WHEREAS the said A. B. and C. D. have not been admitted tenants of the said hereditaments admitted to hereinafter expressed to be hereby assigned: NOW THIS copyholds. INDENTURE WITNESSETH, that for effectuating 7. Witnesseth : the said sale, and in pursuance of the said agreement, and for sale under power. 6. Mortgagees have not been parcels, the able. in consideration of the sum of £, upon the execution consideration, of these presents, paid by the said E. F. to the said A. B. and C. D. (the receipt whereof they hereby acknowledge), receipt, they the said A. B. and C. D. do, and each of them doth, hereby grant and release unto the said E. F., his heirs —grant, and assigns [Parcels, supra, p. 210], And all other (if freehold any) the freehold lands and hereditaments particularised boundaries bein in the said schedule or delineated on the said plan undistinguish[General Words, supra, p. 208 :]; TO HAVE AND TO HOLD 8. Habendum; all the said premises expressed to be hereby granted unto the said E. F., his heirs and assigns, discharged from all principal moneys, bank annuities, and interest intended to be secured by, and from all claims, demands, and right or equity of redemption under the said indenture of the day of TO THE USE of the said E. F., his in fee. heirs and assigns, for ever: AND THIS INDENTURE 9. Witnesseth secondly: ALSO WITNESSETH, that for further effectuating the said sale, and in further pursuance of the said agreement, and for the consideration aforesaid, they the said |