MORT- done, and executed, all fuch further and other GAGE. lawful and reasonable act and acts, thing and

Quiet enjoy

ment by mort

gagor until default. (a)

things, conveyances and affurances in the law
whatsoever, for the further, better, and more per-
fect and abfolute conveying and affuring the faid
piece or parcel of ground, meffuage, or tenement,
and premises, mentioned to be hereby affigned,
and every part thereof, with their appurtenances,
unto the faid B. I. his executors, administrators,
or affigns, for and during all the refidue and re-
mainder which fhall be then to come and un-
expired of the faid term of
years, as by the
faid B. I. his executors, or adminiftrators, or af-
figns, or his or their counfel in the law, fhall be
reasonably devised, advised, and required. AND
laftly, it is hereby mutually agreed and declared,
by and between the faid parties to these presents,
for themselves, their executors, administrators,
and affigns, that until default shall be made of, or
in payment of the faid fum of 5 per cent.
bank annuities, and the intereft thereof, or some
part thereof, contrary to the provifo and covenant
hereinbefore for that purpose contained, it fhall
and may be lawful to and for the faid G. I. his
executors, adminiftrators, and affigns, peaceably
and quietly to have, hold, ufe, occupy, poffefs,
and enjoy, all and fingular the faid piece or parcel
of ground, meffuage, or tenement, and premises,
with their and every of their appurtenances, and
to receive and take the rents, iffues, and profits
thereof, to and for his and their own use and
benefit, without any let, fuit, trouble, denial,
eviction, account, molestation, or interruption,

(a) See 2 Pow. Mortg. 1129.

MORT

GAGE.

whatsoever, of, from, or by the said B. I. his executors, administrators, or affigns, or any other perfon or perfons whomfoever, claiming by, from, or under him, them, or any of them. AND Recital of powhereas the premises hereby affigned, or intended furance. fo to be, were, by a certain policy of insurance, of

the the

for

licy of in

fame,

fire office, London, No.-, bearing date day of, infured to the faid G. I. from lofs or damage by fire, to the value of the term of one whole year, from the date of the faid policy. Now THIS INDENTURE FURTHER Affigament of WITNESSETH, that for the confiderations aforefaid, and in confideration of the further fum of 55. of like lawful money of Great Britain, to the faid G. I. by the faid B. I. in hand well and truly paid, at and before the fealing and delivery of thefe prefents, the receipt whereof is hereby acknowledged, he the faid G. I. HATH bargained, fold, affigned, transferred, and fet over, and by these presents, DOTH bargain, fell, affign, transfer, and fet over, unto the faid B. I. his executors, adminiftrators, and affigns, the faid hereinbefore recited inftrument or policy of infurance, No. and all fum and fums of money infured upon the fame premises, or any part thereof, by virtue of the faid policy of infurance, or otherwife howfoever, or recoverable, or to be recovered upon the fame, and depofit, or fums of money, to be returned upon the faid policy, and all benefit be had and taken therefrom, and all the estate, right, title, and intereft, of him the faid G. I. of, in, and to the fame, to have, hold, receive, take, and enjoy the fame, and every part thereof, unto the faid B. I. his executors, adminiftrators, and affigns, but fubject, nevertheless, to fuch equity of redemption as hereinbefore mentioned, touch

GAGE.

Covenant to

on policy of infurance.

MORT- ing the faid premifes hereby, or intended to be hereby granted and affigned. And the faid G. I. for himself, his executors and administrators, doth pay premium hereby covenant, promife, and agree, to and with the faid B. I. his executors, administrators, and affigns, that he the faid G. I. his executors or administrators, fhall and will well and truly pay to the faid fociety of the fire office, all fuch annual fum and fums of money as fhall grow due on the faid policy of infurance from lofs or damage by fire. In witness, &c.

Recital of a building leafe

Alignment by way of Mortgage to two Perfons of
Leafehold Premifes, let on a building Leafe.

day of which

and made or

tween N. M. of the one part, and S. I. and S. T. under a power of the other part. WHEREAS by indenture of lease bearing date on or about the was in the year of our Lord mentioned to be made between P. W. of the one part, and the faid N. M. of the other part, it is witneffed, that for the confiderations there expreffed, he the faid P. W, by virtue and in pursuance of the power and authority for that purpose, given to, or vested in him, in and by an act of parliament made and paffed in the year of the prefent king, intitled an act to enable P. W. efquire, to grant leases of certain eftates, in the county of and city of and of all other power and powers, enabling him thereto, did demife, leafe, let, and to farm unto the faid N. M. his executors, administrators and affigns, all &c. To hold the fame piece or parcel of ground, &c. unto

the faid N. M. his executors, adminiftrators and MORTaffigns, from the feast day of then next GAGE.

enfuing, for and during, and unto the full end and
term of years, from thence next enfuing, and
fully to be complete and ended, and under the
yearly rent of one pepper corn for the first year of the
faid term, if the fame fhall be demanded, and
for the rest, refidue, and remainder of the faid
term of. years, which, from and after the ex-
piration of the said first year, shall be then to come
and unexpired, (except the last half year thereof),
the clear yearly rent or fum of £ being the
best and most beneficial yearly rent that could be
reasonably had or gotten for the fame premises,
payable as therein is mentioned, and also, at and
under the clear yearly rent of £
half year of the faid term of

for the last years, payable

therein from N.

meffuages.

alfo, as in the faid in part recited indenture of leafe is mentioned. AND the faid N. M. did Covenant thereby covenant, promife, and agree to, and with M. to build the faid P. W. his executors, adminiftrators and thereon three affigns, and the perfon or perfons to be intitled as therein is mentioned, that he the faid N. M. his executors, adminiftrators or affigns, fhould and would within the first year of the faid term ofyears, at his or their own cofts and charges, pull down all the buildings then standing, and being thereon, and erect upon the faid piece or parcel of ground, three good fubftantial dwelling houses of the first class of building, and within the first two years of the faid term, completely finish the fame fit for habitation. AND whereas, the faid N. M. Recital of hath accordingly in pursuance of the said last men- loafe. tioned covenant, pulled down all the faid buildings, and hath erected and is now covering in and finishing the faid three meffuages, &c. cove

agreement for

MORT- nanted to be built as aforefaid. AND whereas, by GAGE. certain articles of agreement bearing date on or and made between the

about the

day of

faid N. M. of the one part, and P. H. of the other
part, the faid N. M. for himself, his executors,
adminiftrators and affigns, agreed with the faid
P. H. his executors, administrators and affigns,
to complete, and finish in a good, fubftantial
and workmanlike manner, the meffuages, &c.
bounded, &c. then building by the faid N. M.
together with the coach-house, &c. the premi-
fes to contain the feveral rooms, and fitted up as
therein mentioned, and that when and as foon as
the fame meffuages, &c. were completed, he the
faid N. M. fhould (for the confiderations there-
in mentioned) by a good and fufficient indenture
of leafe, demife and leafe the fame meffuages,
&c. and the ground whereupon the fame was
erected, to the faid P. H. his executors, admini-
ftrators and affigns: To hold for the term of
then next en-
years wanting days from
fuing, at and under the clear yearly rent of £---,
payable as therein mentioned, in confideration
whereof the faid P. H. for himself, his executors,
administrators and affigns, did thereby agree
with the faid N. M. his executors, adminiftra-
tors, and affigns, to accept and take fuch leafe
of the faid premises for the term, at the rent,
and upon the conditions thereinbefore mentioned,
and executé a counterpart thereof upon request,
and pay to the faid N. M. for the fame, the fum
of £, of lawful money of Great Britain, at
the times and in manner therein mentioned, (that
is to fay), --, when the said meffuage, &c.
was covered in, and the further sum of £-

when, and as foon as the fame should be completed,