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FOR A PARTITION AND ACT OF PARLIAMENT.
ion of title
additional costs or charges which may be incurred by reason of the absence from England of either of the said parties, (which additional costs or charges are to be paid by PARLIAMENT. the party whose absence shall occasion the same)), shall be paid and borne by the said A. B. and C. D. in equal proportions ; That if either of the parties to the said intended Costs of attested
copies and copartition shall require an attested copy or attested copies vena of any title deed or title deeds, whether in the custody or duction
deeds. not in the custody of the other party to the said partition, or to have a deed of covenant for the production of any such title deed or title deeds, then, and in such case, the expense of making such attested copy or copies, and the expenses attending the framing, engrossing, and executing of such deed of covenant, shall be paid by the party requiring the same. In Witness &c.
SCHEDULE above referred to, or referred to in the annexed agreement.
MENT OF AN OUTSTANDING
AGREEMENT between VENDOR and Pur- for assign
CHASER, that within a certain Period the Ven-
THIS INDENTURE, made &c., Between A. B., of &c., Parties. [vendor), of the one part, and C. D., of &c., [ purchaser), of the other part; WHEREAS the said A. B. some time since Recites concontracted with the said C. D. for the absolute sale to him of tract to ALL THOSE &c., (parcels], with their appurtenances, and the inheritance thereof, in fee-simple, free from incum
act for sale.
MENT OF AN
FOR ASSIGN. brances, at or for the price or sum of £ ; AND WHEREOUTSTANDING AS, upon investigating the title to the hereditaments so
contracted to be sold, it appears that there is outstandAnd existence ing a term of years, which comprises the whole of of outstanding
the said hereditaments, and was created by an indenture dated the day of — , and made or expressed to be made between (parties], and which, by divers mesne assignments and acts in the law, became ultimately vested, as to part of the said hereditaments comprised therein, in M. N., late of &c., and, as to the residue of the said heredi
taments, in P. Q., late of &c., in trust to attend the inheritThat vendor is ance of the same premises respectively; AND WHEREAS
e the said A. B. has hitherto been unable to discover the out the repre- C salu A. D. nas mu sentation to the personal representatives of the said M. N. and P. Q. ; termors.
AND WHEREAS the said A. B., being anxious to complete proposed to the sale of the said hereditaments and premises, proposed complete on the
s contained to the said C. D., that he the said A. B. should immediin the agree ately convey the freehold and inheritance in fee-simple of
the said purchased premises to the said C. D., and should enter into the covenant hereinafter contained on the part of him the said A. B., with respect to the assignment of the said term, and should permit the said C. D. to retain the sum of £- , part of the said purchase-money, to be held and applied by him upon the trusts hereinafter declared, and that the said A. B. and C. D. should enter
into the stipulations hereinafter on their parts respectively That purchaser contained; AND WHEREAS the said C. D. hath agreed to the has agreed to
1. said proposal; [Recites conveyance of the fee to C. D.]; and that fee has NOW THIS INDENTURE WITNESSETH, that, in been conveyed.
pursuance of the said proposal and agreement, and in convenant by ven- sideration of the premises, he the said A. B. doth hereby dor to make out the title to the for himself, his heirs, executors, and administrators, coveterm before a
nant with the said C. D., his executors and administragiven day,
tors, that he the said A. B., his executors, administrators, or assigns, shall and will, before the day of next, at his and their own expense, in all things, deduce and prove a good title to the said term of — years, and sue out such limited or other letters of administration, and do all such other acts as shall be necessary in order
MENT OF AN
to the perfecting the title to the same term, and shall FOR Assignproduce to the said C. D., his heirs and assigns, the title OUTSTANDING so deduced and proved, and procure the person or persons to whom such title shall be so deduced, to execute an -and procure
an assignment. assignment or assignments of the said term to a trustee nominated by the said C. D., his heirs or assigns, such assignment being prepared and engrossed by and at the expense of the said C. D., his heirs and assigns; PROVIDED That in default ALWAYS, and it is hereby agreed and declared between and the same may
be done by purby the said parties to these presents, that in case the said chaser. A. B., his executors or administrators, shall not, before the said — day of — next, at his and their own expense in all things, deduce, prove, and perfect, in manner hereinbefore mentioned, a good title to the said term, and produce the title so deduced as aforesaid, and procure the person or persons to whom the title shall be so deduced, to execute such assignment or assignments as aforesaid, or in case of any such default at any time or times thereafter, it shall be lawful for the said C. D., his heirs or assigns, to take all such steps as he or they shall think necessary, or shall or may be reasonably advised, for the purpose of deducing, proving, and perfecting a title to the said term, and procuring such assignment or assignments thereof to be made as hereinbefore is mentioned; AND IT IS HEREBY also Trusts of a part agreed and declared, between and by the parties to these of the purchase
money to be presents, that the said sum of £ shall be retained by the retained by pursaid C.D., his executors or administrators, in the meantime and until such title to the said term shall be deduced, proved, perfected, and produced, and such assignment or assignments thereof executed as aforesaid, and delivered to the said C. D., his heirs or assigns; and that it shall be lawful for the said C. D., his executors or administrators, to apply the said sum of £m, or a competent part thereof, in or towards indemnifying the said C. D., his heirs and assigns, against all costs, damages, and expenses, (if any), as shall be incurred or sustained by reason of the said term not having been duly assigned to a trustee for him at the time of the conveyance of the freehold and inheritance of the said purchased premises, and also in or
MENT OF AN OUTSTANDING
FOR Assign- towards reimbursing the said C. D., his heirs and assigns,
all such costs, charges, and expenses, (if any), as he or they or any of them shall incur in deducing, proving, and perfecting the title to the said term, or in procuring the execution of the assignment or assignments thereof to a trustee for the said C. D., his heirs or assigns; and that after a title to the said term shall be so deduced, proved, and perfected, and such assignment or assignments as aforesaid executed and delivered to the said C. D., his heirs and assigns, he the said C. D., his executors or administrators, shall pay the said sum of £- , or so much thereof as shall not have been previously applied for the purpose of such indemnity or reimbursement as aforesaid, unto the said A. B., his executors, administrators, and assigns, for his and their own use. IN WITNESS &c,
FOR A MORTGAGE.
AGREEMENT for a MORTGAGE.
mer loan and a lot new loan.
Parties. THIS INDENTURE, made, &c., BETWEEN A. B., of
&c., [mortgagor), of the one part, and C. D., of &c., [mortRecites a for- gagee], of the other part; Whereas the said C. D., on or
about the 6th day of October, 1837, advanced and lent to the said A. B. the sum of £1,000, and on or about the 6th
day of this instant month of June advanced and lent to the That interest said A. B. the further sum of £3,000; AND WHEReas all
interest which accrued due on the said sum of £1,000, up to loan has been paid up to the the said 6th day of June (a), has been paid to the said day of the date of the new loan. Consolidation (a) Where there have been two separate loans or advances made of different before the date of the mortgage, as in the case in the text, or where, loans into one
as is frequently the case, an advance has been made before the mortmortgage debt.
gage, and a further sum is advanced at the date of the mortgage, it should always be so arranged between the parties, that all interest on
on the former
FOR A MORTGAGE.
A. B.; AND WHEREAS before the said sums of £1,000 and £3,000 were so advanced and lent as aforesaid, it was M agreed that the re-payment of the same respectively, with Agreement for
the security. interest after the rate hereinafter mentioned, to the said C. D., his executors, administrators, and assigns, should be secured in manner hereinafter mentioned: NOW THIS Witnesseth. INDENTURE WITNESSETH, that, in pursuance of the said agreement, and in consideration of the said sums of £3,000 and £1,000, (making, together, the sum of £4,000), so advanced and lent by the said C. D. to the said A. B. as aforesaid, he, the said A. B., doth hereby for himself, his Covenant by heirs, executors, and administrators, covenant with the said
repay the loans C. D., his executors and administrators, that he the said with interest, A. B., his heirs, executors, or administrators, shall and will pay, or cause to be paid, unto the said C. D., his executors, administrators, or assigns, the said sum of £4,000, with interest for the same in the meantime, from the said 6th day of this instant month of June, after the rate of £4 per cent. per annum, on the 6th day of December next ensuing the date of these presents, without any deduction or abatement for any present or future taxes or impositions, or any other matter, cause, or thing whatsoever; And, in case the said principal sum of £4,000 shall not be paid to the said C. D., his executors, administrators, or assigns, on the said 6th day of December, shall and will, so long as the said
the first advance may be paid up to the day on which the second is made. For if this be not done, the two advances cannot well be consolidated into one mortgage debt, the interest on which may be reserved half-yearly, in the usual manner; because, the interest on the two component parts of the debt accrues due on different days, and requires different provisoes for redemption, and different covenants for payment. The facts, with regard to the payment of interest, and the state, in other respects, of the debt, at the date of the mortgage, should always be recited, as in the example in the text. Of course, the foregoing observations apply with greater force to the case where several prior advances are to be consolidated into one mortgage
If the loan be made in an entire sum at the date of the mortgage, recitals may be dispensed with, and the witnessing part may contain a receipt for the money lent, in the usual manner.