III. DECLARATION of TRUST, by deed poll, of MORTGAGE DEBT, where the Mortgage does not disclose the trust (b). nesseth. Origin of TO ALL TO WHOM THESE PSNTS shl come, A., of &c., B., of &c., & C., of &c., send greetg. Recite mtge of even date from X. to A., B., & C., on a jt acct: NOW THESE WitPSNTS WITS that the sd A., B.. & C. do hby declare that the sd sum of £ mentd in the sd recited indre of even date money. hwith to be lent by them to the sd X. as afsd was not their own pper moy, but was realised by them by the sale of the sum of £ stk, pt of the sum of £- like stk, wch was standg in the names of the sd A., B., & C., as trees & exs under the will dated, &c., & proved on, &c., of G. of &c., deced, the sd sum of £- stk, being pt of the psonal este of the sd G. AND THE sd A., B., & C. do hby resply declare that Declaration they & their exs, ads, & àssns shl stand possed of the sd sum of £, secd by the sd indre of even date hwith as afsd, & the intt thof & the secs for the same, & all benefit thof, UPON the trusts upon wch the same ought to be held in conseqce of the sum of £so lent by them as afsd, havg been pt of the psonal este of the sd G., deced. IN WITS, &c. of trust. IV. DECLARATION of TRUST of MONEY Secured by CONTRIBU- PARTIES, A., B., & C., trees, 1; D., one lender, 2; E. & F., other lenders, 3. Recital of mtge for £3,000 to A., B., & C. on Recitals. a jt acct, referrg to the peels as, "certn & hds situate in (b) A declaration of trust, though usually dispensed with in this case, is sometimes desirable. (c) See Vol. II., MORTGAGES. Title to money advanced. Agreement. Witnesseth. Declaration of trust. Sums to be secured rateably. AND WHAS the sum of £3,000 in the hinbfe recited indre stated to have been advced by the sd A., B., & C., was in reality advced as to £1,000, pt thof, by the sd D., & as to £2,000, the other pt thof, by the sd E. & F., out of moys belonging to them as trees of an indre of settlemt, dated, &c.: AND WHAS the sd A., B., & C. have at the reqt of the sd other pties hto agrd to exte such declon of trust as is hinafter containd: NOW THIS INDRE WITNETH that in psuance of the sd agrmt, & in conson of the premes, it is hby decld that the sd A., B., & C., their exs, ads, & assns, shl stand possed of the ppal sum of £3,000, seced by the hinbfe recited indre, & the intt thron, IN trust as to the sum of £1,000, pt of the sd ppal sum of £3,000, & the intt on such sum of £1,000 for the sd D., his exs, ads, & assns, & as to the sum of £2,000 other pt of the sd ppal sum of £3,000, & the intt on such sum of £2,000, for the sd E. & F., their exs, ads, & assns or other the trees or tree for the time being of the sd indre of settlemt: AND FURTHER, that the sd sums of £1,000 & £2,000, & the intt thron resply, shl have no prefce or priority the one over the other, but shl be payable rateably & eqlly out of any moys wch shl be reced or realised by the sd A., B., & C., their exs, ads, or assns, under or by virtue of the sd indre of mtge. IN WITS, &c. DEEDS, FORMAL I. THIS INDRE, made the day of BETN A. (b) of, ment of in &c., of the one pt, & B. of, &c., & C. of, &c., of the other pt, WITNETH that, &c. [AND THIS INDRE ALSO, or, FURTHER Commencedenture of two parts without recitals. The same BETN A. of, of the second pt, & C. of, &c., III. KNOW ALL MEN BY THESE PSNTS that I, A. of, &c., [We, CommenceA. of, &c., & B. of, &c.], do, &c., using the first pson through- deed poll out. day of ment of without recitals. The same with recitals. BETN the within- Endorsed deed (c). IV. TO ALL TO WHOM THESE PSNTS shl come, A. of, &c., sends [A. of, &c., & B. of, &c., send] greetg. WHAS, &c. NOW THESE PSNTS WITS that, &c., using the third pson. V. THIS INDRE, made the named A. of the one pt, & B. of, &c., of the other pt. VI. THIS INDRE, made the of the first pt, B. of, &c., of the second pt, & C. of, &c., of the third pt, supplemental [intd to be read as annexed] to an day of BETN A. of, &c., Commence (a) As to the form and execution of deeds, see 30 Sol. J. 636, 651, 667. (b) As to the various methods of describing the parties, see Elph. Introd., pp. 51-56. As to the notarial or other authentication of deeds to be acted on abroad, see Taylor on Evidence; above, p. 189, note, and DECLARATIONS STATUTORY. 66 (c) The principal deed will be referred to as the within written indenture, matters recited in it as "within recited," and persons or matters mentioned in it as "within named ' or "mentd," the first time they are mentioned. If the reference is to a prior endorsed deed, the word "above" will be substituted for "within." ment of deed supplemental, or to be read as As to endorsed deeds. annexed to indre dated, &c., & made betn, &c., [being a settlemt, &c.] hinafter called the ppal deed, & anor indre dated, &c., & made, &c., [being a mtge, &c.] hinafter called, &c. strument (a). The same where the prior in struments are de scribed in a schedule (a). Testimo VII. THIS INDRE, made, &c., as in last form, supplemtal [intd to be read as annexed] to the sevl indres, deeds poll, & instrumts, the parlars & natures whof, togr with the names or designons by wch the same are hinafter refd to, are specified in the schdle hto. VIII. IN WITS Whof the sd pties hto have hrunto set their nium of an respive hands & seals the day & yr first above written. indenture. The like where a IX. IN WITS whof the sd Co or Corporon, have caused their common seal to be hrunto affixed, & the sd other pties company or hto have, &c., as in precedg form. corporation is a party. The same. form. Testimonium of indenture executed As to the use of supplemental deeds. x. IN WITS whof the sd pties hto of the first, second, & third pts have hrunto set their respive hands & seals, & the sd Co or Coporon, have, &c., the day & yr first above written. (a) For recitals making a deed supplemental, &c., see p. 365. As to supplemental deeds, see the Conv. Act, 1881, s. 53; above, p. 71, note. The above enactment has been the means of bringing the plan of making deeds supplemental considerably into use as a means of saving recitals, although it does not of course derive any efficacy from the Act which it would not otherwise possess; and recourse was occasionally had to it before the Act to save long recitals, where endorsement was impracticable or not convenient. The Act speaks of deeds being made supplemental to deeds, but a deed or agreement may of course be made supplemental to any previous deed or agreement, or to a will, or to any number of previous instruments. This plan is often more convenient than endorsing the instrument, especially where more than one solicitor is employed in the business; but where the new deed has to be approved by other solicitors who are not acquainted with the prior instruments, the form of a supplemental deed is generally inconvenient; and there can be no object in using it unless a material advantage in brevity is thereby attained. It is generally convenient and makes the new deed more intelligible if the nature of the prior instruments is very shortly stated, and a short designation is given to each, as above. As to the mode of referring to matters or persons mentioned in the previous instruments (which in an endorsed deed would be referred to as "within " mentioned, &c., see last note), it is incorrect to say "above" mentioned, &c., unless the new deed is actually physically annexed; the proper way is to say "mentioned, or, recited, in the principal deed," &c. (c). sd A. [or, K. of, &c., as atty for the above-named A. by by attorney virtue, &c., hath hrunto set his hand & seal (b)] the sd other pties, &c. XII. IN WITS Whof the sd A. [I the sd A., or, we the sd A. & Testimo B.] hath [have] hrunto set his [my] hand & seal [our respive nium of a hands & seals] the Corporon, have caused their The same day of XIII. IN WITS whof the sd common seal to be hrunto affixed this day of by a corporation. Corporon, The same. Short form. XV. SIGNED, SEALED, & DELIVERED by the within-named (d) Attestation A., in the presce of B. of, &c. C., clerk to Messrs. K. & L., of, &c., Solicitors. XVI. SIGNED, SEALED, & DELIVERED by the within-named A., the words [to both inclusive] havg been previously erased in [written on an erasure in] [interlined betn] the tenth & eleventh lines of the first skin, [page] & the words havg been previously erased in the third line of the second skin [page], in the presce, &c. of a deed. Attestation where there are erasures or interlineations. Subsequent where the attestation first has noticed erasures. XVII. SIGNED, SEALED, & DELIVERED by the within-named B., the erasures & interlineons noticed in the atteston of the exon by the within-named A., havg been previously made, in the presce, &c. XVIII. SIGNED by settg his mark, & sealed & delivered by Attestation. the within-named A., he being unable to write, in the presce, &c. of execution by marksman. Attestation for party blind or XIX. SIGNED, SEAled, & delivered by the within-named A., the same havg been first read over to him, he being blind [unable to read the same] or, "the purport & effect of the illiterate. (b) See the Conv. Act, 1881, s. 46. (c) The testimonium in this case is usually in the ordinary form, which is not incorrect, as the act of the attorney is in law that of the principal. The attorney may sign the name of the principal, adding under the signature, "by power of atty to B. (the atty); or he may sign "B. as atty for A. by power of atty, dated, &c." See the Conv. Act, 1881, s. 46. (d) For a deed engrossed book-wise, in this and the following forms of attestation clauses, say, "above-named." As to execution by attorney. |