half yearly days of payment, the yearly sum of
of lawful money of Great Britain (being after the
rate of, for every hundred yearly) and fo
proportionably and after that rate for fo much of the
faid fum ofas fhall then remain due or owing,
then and in fuch cafe, and not otherwife, he, the
faid G. W. his executors, administrators, and affigns,
fhall and will, from time to time, receive and accept
of the fame in lieu and full fatisfaction of and for
the intereft of the faid principal fum of, after
the rate of, for every hundred yearly, hereinbe-
fore provided and covenanted to be paid for the
fame principal fum; and fhall and will from time to
time give receipts and discharges for the fame ac-
cordingly, as if the whole interest of the faid

MORT

GAGE.

after the rate of - for the hundred yearly, were actually paid, any covenant, provifo, or agreement, hereinbefore contained, to the contrary thereof, notwithstanding. AND whereas, the faid D. G. Recital of bond hath executed a bond or obligation, bearing even and judgment. date with these presents, and entered into by him, the faid D. G. to the faid G. W. in the penal fum of, conditioned for payment of the fum of, at the places, times, and manner therein expreffed to the faid G. W. his executors, administrators, or affigns, and performance of the covenants in this indenture contained, and alfo duly executed a warrant of attorney for confeffing a judgment thereon, and which faid judgment thereon is intended to be entered on, in his Majefty's Court of King'sBench, at Westminster, as of Trinity term, or of some other subsequent Trinity term, THIS INDENTURE FURTHER WITNESSETH, and it is hereby declared and agreed by and between the faid parties to these prefents, that the faid fum of, fecured by the faid bond in the fame fum of, as is meant and VOL. I.

MORT

Which is to be

fecurity, and no

entered up until default.

intended to be fecured by thefe prefents as afore

GAGE. faid, and that the said judgment upon the aforefaid bond to the faid G. W. is intended to be entered as a collateral up, and the faid F. W. his executors, adminiftraexecution to be tors, and affigns, is and are to ftand and be poffeffed thereof, and of all benefit and advantage arifing, and to be had or taken thereby as a collateral fecurity, only, and for the better and more effectual payment of the faid fum of, to the faid J. W. his executors, adminiftrators, and affigns, at the several days and times and in the manner hereinbefore appointed for the payment thereof, and that no execution or executions fhall be iffued or taken out upon the faid judgment, and until fome one half yearly payment of the said fum or anv part thereof, fhall be in arrears for the fpace ci two calendar months, next, after fome or one of the faid days hereinbefore limited and appointed for payment thereof; Provided always, and it is hereby further declared and agreed by and between the faid parties to thefe prefents, and the true intent and meaning of thefe prefents, of the faid parties hereto, is, and the faid G. W. for himself, his heirs, executors, and adminiftrators, doth hereby cove. nant, promife, and agree to and with the faid G. W. his executors, adminiftrators, and affigns, that when and fo often as the faid half-yearly payment or any part thereof, shall be behind and unpaid by the space of two calendar months next, over, or after any or either of the faid days and times hereinbefore mentioned or appointed for payment thereof, that then, and fo often, and in every such cafe, it shall and may be lawful to and for the faid G. W. his executors, administrators, and affigns, to fue out fuch execution or executions, upon or by virtue of the faid judgment hereinbefore men

MORT

tioned, as he or they fhall think fit, or be advised for the recovery of the arrears of the faid half- GAGE. yearly payments, and all cofts and charges which the said G. W. his executors, administrators, and affigns, or any of them, fhall bear, pay, sustain, or be put unto by, or by reafon or means of the nonpayments of the fame half-yearly payments, or any part thereof, and that it fhall not be neceffary for the faid G. W. his executors, adminiftrators, or affigns, to revive or cause the said judgment to be revived, or to do any act, matter, or thing, to keep the fame on foot, notwithstanding the faid judgment fhall have been entered on record for the space of one year, or upwards, and notwithstanding any rule or practice of the court in which the faid judgment thall be entered on record to the contrary, and that the said D. G. fhall not, or will, have, take, or receive, any advantage for want of reviving or keeping the faid judgment on foot. In witness, &c.

Alignment of Mortgage terms by Moieties, upon Trufts for fecuring Sums advanced, arifing from the fale of Stock.

THIS indenture of fix parts, made, tween the right hon. E. W. of

&c. Be- E. W. affignor,

fole execu

tor of the last will and teftament of C. M. widow, deceased, who was fole executor of the laft will and teftament of Y. H. late of, &c. deceafed, who furvived C. R. late of, &c. of the first part, H. W. fole executor of the laft will and teftament of G. E. late of, &c. deceafed, (who furvived Sir T. W. of, in the county of, knight, the faid

of

W. H. affignee.

MORT Y. H. the faid C. R. and T. T. of,

GAGE.

&c. of the fecond part, T. M. of, &c. widow and relict of T. T. late of, &c. deceased, of the third part, T. W. of, &c. eldest fon and heir of the said T. and T. M. of the fourth part, W. H of, &c. efq. of the fifth part, and T. S. T. of, &c. the only furviving younger child of the faid T. T. and T. M. and fole executor of the laft will and teftament of T. T. fpinfter, his fifter lately deceased, of the fixth part. Whereas, [Recital of marriage fettlement, and alfo of the fale of eftates under a power contained Recital of lay- therein, &c.] AND whereas, the faid T. J. and W. ing out money H. did afterwards, with the confent and approbation of the faid T. W. to lay out and invest the said feveral fums of and

in the ftocks.

Of death.

"

and

amount

the

ing in the whole to the fum of purchase money fo received by them for fale of the said eftates in the purchase of, three per cent. confolidated bank annuities, upon the trufts in the faid fettlement of the, day of mentioned, and the faid T. W. hath from time to time received the dividends and intereft thereof to his own use and benefit. AND whereas the said T. T. is fince dead, by means whereof the faid fum of three per cent. confolidated bank annuities, became folely vefted in the faid W. H. Of will of Y.H. And whereas, the faid Y. H. furvived the faid C. R. and the faid Y. H. is fince dead, having by his last will and teftament appointed the said C. M. fole executrix thereof, who duly proved the fame will and is fince likewife dead, having, by her laft will and teftament appointed the faid E. W. of —, fole executor thereof, who hath duly proved the fame, in the proper ecclefiaftical court whereby

the faid term of
ture of the

years, by the faid inden&c. vefted in the

day of,

MORT

GAGE.

Of will of G. E.

tle: to the fum

1. by will,

faid Y. H. and C. R. is now become vested in the faid E. W. of -. AND whereas, the faid G. E. did furvive the faid Sir T. W., T. T., Y. H. and C. R. and the faid G. E. is fince dead, having in his life time duly made his laft will and teftament, and appointed the faid W. H. fole executor thereof, and the faid term of five hundred years in the faid indenture of the day of, &c. is thereby now become vefted in the faid W. H. AND whereas, the faid T. S. T. and T. T. by virtue of the will of their faid father, T. T. become intitled to the faid fum of pounds, fecured of years, created by the faid fettlement of the year; and the faid T. T. being lately Of being intidead, and having made her will, and appointed the faid T. S. T. her executor, and he having proved the faid will is now in his own right, and as executor of his faid fifter become intitled to the faid fum of pounds. AND whereas, having occafion the faid T. S. T. having occafion for part of fi fum of, the faid fum of fo due to him as afore- hath applied to faid, applied to the faid T. W. to raife and him the fame. pay him the fame, whereupon the faid T. W, applied to the said W. H. to fell and difpofe of the faid fum of pounds, &c. bank annuities, and to lend the money which fhould be produced by fuch fale and difpofition, for the purpose of paying to the faid T. S. T. the fame, and as a fecurity for repaying the fame to the faid W. H. his executors, administrators, and affigns, and also as a fecurity for payment of the refidue of the faid ; with intereft for the fame unto the faid T. S. T. his executors, administrators, and affigns, the faid T. W. as alfo the faid T. M. propofed, confented, and agreed, that the refidue now to come and unexpired, as well of the aforefaid term

ар

for part of the

W. to pay

3