TO TWO SETS SETTLED LAND Of, the release being made, or expressed to be made, between [parties], is now vested in the said, and also subject to another mortgage for £12,000, which, under and by virtue of an indenture, bearing date the for loan. day of and made, or expressed to be made, between [parties] is now vested in the said and also subject to a mort and the sum of gage made by indentures of lease and release, bearing date respectively the and days of, the release being made, or expressed to be made, between [parties], and for securing to the said £5,000 and interest, upon which last-mentioned mortgage £2,000 and no more remains due, and free from all other of agreement incumbrances: AND WHEREAS the said E. F. and G. H., and the said I. K. and L. M. have agreed, at the request of the said A. B. and C. D., to advance and lend them the sum of £60,000 in manner and in the proportions hereinafter mentioned, (that is to say), the said E. F. and G. H. to advance £45,000, part of the said sum of £60,000, out of monies belonging to them upon a joint account, and the said I. K. and L. M. to advance the sum of £15,000, residue of the said sum of £60,000, out of monies belonging to them upon a joint account, but upon having the re-payment of the said sums of £45,000 and £15,000, with interest after the rate hereinafter mentioned, secured in manner hereinafter mentioned: NOW THIS INDENTURE WITNESSETH, that, in pursuance of the said agreement, and in consideration of the sum of £45,000 to the said A. B. and C. D., at or immediately before the sealing and delivery of these presents, paid by the said E. F. and G. H. out of monies belonging to them on a joint account, and in Consideration. consideration of the sum of £15,000 to the said A. B. and C. D., at the same time paid by the said I. K. and L. M. out of monies belonging to them on a joint account, (the receipt of which said sums of £45,000 and £15,000, they the said A. B. and C. D. do hereby acknowledge, and of and from the same respectively, and every part thereof respectively, do and each of them doth acquit, release, and discharge the said E. F. and G. H., and each of them, their and each of their heirs, executors, administrators, and Witnesseth. Receipt. TO TWO SETS of settled lands. dule. assigns, and also the said I. K. and L. M., and each of SETTLED LAND them, their and each of their heirs, executors, administrators, and assigns for ever, by these presents), and pursuant to, and by force and virtue, and in exercise and Appointment execution of the power or authority to them the said A. B. and C. D. for this purpose given by the said indenture of the 26th day of November, 1832, and of every or any other power or authority in anywise enabling them in this behalf, they the said A. B. and C. D. do by this present deed or instrument in writing, by them sealed and delivered in the presence of the two credible persons, whose names are intended to be hereupon indorsed as witnesses to the sealing and delivery of these presents by the said A. B. and C. D., direct, limit, and appoint, that ALL THOSE the manors, or Parcels by rereputed manors of with the rights, members, and ference to scheappurtenances in the county of and also all and singular the messuages, farms, lands, and other hereditaments in aforesaid, (the tenants' names and rentals whereof are mentioned in the first schedule to these presents), and all other the messuages, farms, lands, and other hereditaments (if any) in -, or any of them, which, by the said indenture of the 26th day of November, 1832, were limited to the joint appointment of the said A. B. and C. D., as hereinbefore is mentioned, [general words], shall from and after the sealing and delivery of these presents, go, remain, and be to the use of the said E. F., G. H., I. K., and L. M., their heirs and assigns for ever, subject nevertheless to the proviso for redemption hereinafter contained: AND THIS INDENTURE ALSO WIT- Witnesseth, further conveyNESSETH, that, in further pursuance of the said agree-ance of the feement, and for the considerations aforesaid, he the said simple lands. A. B. hath granted, released, and confirmed, and by these presents doth grant, release, and confirm unto the said E. F., G. H., I. K., and L. M., (in their actual possession, &c., supra, p. 198), and to their heirs and assigns, ALL THAT, &c., [parcels], (the tenants' names and Parcels by rerentals of which said hereditaments lastly herein before ference to schementioned, and intended to be hereby granted and released, or of such parts thereof as are in the occupation of tenants, dule. TO TWO SETS OF MORT- Habendum. Proviso for redemption. SETTLED LAND are specified in the second schedule to these presents), [general words]: TO HAVE AND TO HOLD the said castle, park, messuages, lands, hereditaments, and all and singular other the premises hereby granted and released, or expressed and intended so to be, unto the said E. F., G. H., I. K., and L. M., their heirs and assigns, to the use of the said E. F., G. H., I. K., and L. M., their heirs and assigns for ever, subject nevertheless to the said mortgages thereof hereinbefore mentioned to be subsisting, and also subject to the proviso for redemption hereinafter contained: PROVIDED ALWAYS, and it is hereby agreed and declared between and by the parties to these presents, and the true intent and meaning of them and of these presents nevertheless is, that if the said A. B. and C. D., or either of them, their or either of their heirs, executors, administrators, or assigns, or any other person or persons interested in the equity of redemption of the said premises, shall and do pay, or cause to be paid, to the said E. F. and G. H., or the survivor of them, or the executors or administrators of such survivor, their or his assigns, the sum of £45,000, and the sum of £1,800 as and for a year's interest for the same, at the rate of £4 per cent. per annum, making together the sum of £46,800, in the parts, shares, and proportions, and on or at the days or times hereinafter mentioned, (that is to say), the sum of £900, part thereof, being half-a-year's interest for the said sum of £45,000 at the rate aforesaid, on the day of, and the sum of £45,900 residue thereof, being the whole of the said principal sum of £45,000, with another half-year's interest for the same at the rate aforesaid, on the day of, and shall and do pay or cause to be paid unto the said I. K. and L. M., or the survivor of them, or the executors or administrators of such survivor, their or his assigns, the sum of £15,000, and the sum of £600 as and for a year's interest for the same, at the rate of £4 per cent. per annum, making together the sum of £15,600, in the parts, shares, and proportions, and on or at the days or times hereinafter mentioned, (that is to say), the sum of £300, part thereof, being half-a-year's interest for the said sum of £15,000, at and the sum of SETTLED LAND the rate aforesaid, on the day of TO TWO SETS OF MORT GAGEES. Joint and se veral covenant for payment of one loan and interest. TO TWO SETS SETTLED LAND presents, that they the said A. B. and C. D., or one of them, their or one of their heirs, executors, or administrators, shall and will pay, or cause to be paid unto the said E. F. and G. H., or the survivor of them, or the executors or administrators of such survivor, their or his assigns, the aforesaid sum of £46,800, in the parts, shares, and proportions, and on or at the days or times in the aforesaid proviso mentioned or appointed for payment thereof, without any deduction or abatement whatsoever, according to the true intent and meaning of these presents; and in case the said principal sum of £45,000, shall not be paid at the time hereinbefore mentioned or appointed for payment thereof, shall and will during so long as the said sum of £45,000, or any part thereof, shall remain on the security of these presents, pay or cause to be paid to the said E. F. and G. H., or the survivor of them, or the executors or administrators of such survivor, their or his assigns, interest for the said sum of £45,000, or for so much thereof as for the time being shall remain unpaid, after the rate of £4 per cent. per annum, by equal halfyearly payments on the day of day of, in every year; [similar covenants by A. B. and C. D. with I. K. and L. M., their executors and administrators, for payment of the £15,000 and interest]: AND THE SAID A. B. and C. D. do for themselves, their heirs, executors, and administrators, and each of them doth for himself, his heirs, executors, and administrators, covenant with the said E. F., G. H., I. K., and L. M., their heirs and assigns, by these presents, [that the power is in force, supra, p. 472;—that A. B. is seised in fee of the hereditaments and premises, "secondly hereinbefore particularly mentioned, and hereinbefore granted and released, or expressed and intended so to be," supra, p. 484;— for right to appoint and release the hereditaments and premises, respectively" appointed and released, supra, p. 484;— for quiet enjoyment after default in payment of the sums of £46,800 and £15,600, or either of them, supra, p. 484; -free from incumbrances-and for further assurance, supra, p. 485: PROVIDED ALWAYS, and it is hereby agreed, and declared between and by the parties to these presents -and of the other loan and interest. Joint and several covenants for title. Proviso for quiet enjoyment, by the 66 and the |