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No. IV.

a Power

the now reciting indenture to give receipts to any purchaser or Mortgage mortgagee, which it is hereby expressly declared shall exonerate such purchaser or mortgagee from all responsibility with respect contained in a to the application of the moneys therein expressed to be received. Marriage Settlement. AND it is in the now reciting indenture further declared, that if any such mortgage shall be made, the mortgage deed shall contain a power of sale in case of a default of payment of principal and interest at such time as should be then stipulated.

Of application for loan.

Testatum.

Declaration
that mortgagee's

3. AND WHEREAS the said (trustees of settlement), upon the request and with the consent and approbation of the said (husband) and (wife), have applied to the said (mortgagee) to lend them the sum of 1,500l. on the security of the said sum of 3,750l. Three per Cent. Reduced Annuities, which the said (mortgagee) has agreed to do; and in order to effect the same the stock has been this day transferred unto and into the names of the said (mortgagee's trustees), to be held by them UPON THE TRUSTS, and for the ends, intents and purposes hereinafter expressed and declared of and concerning the same.

4. NOW THIS INDENTURE WITNESSETH, that in consideration of the sum of 1,500l. sterling paid by the said (mortgagee), to the said (trustees of settlement) on the execution hereof, the receipt of which the said (trustees of settlement) hereby acknowledge, and therefrom do release and for ever discharge the said (mortgagee), his heirs, executors, administrators and assigns; THEY the said (trustees of settlement), with the joint consent in writing of the said (husband) and (wife), (testified by their being parties hereto, and their concurring herein), DO by these presents declare, direct and appoint that the said (mortgagee's trustees), and the survivor of them, his executors and administrators, shall be possessed and interested of and in the said sum of 3,750l. Three per Cent. Reduced Annuities; and upon the trusts and for the ends, intents and purposes hereinafter expressed and declared.

5. AND the said (mortgagee's trustees) do by these presents, for trustees shall themselves, their heirs, executors and administrators, jointly and stand possessed, severally covenant, declare and agree with and to the said (trustees of settlement), their executors, administrators and assigns, that

&c.

they the said (mortgagee's trustees), and the survivor of them, his executors, administrators or assigns, shall and will stand and be possessed of the said sum of 3,750l. Three per Cent. Reduced Annuities. [INSERT trust to re-transfer on payment of principal and interest at the appointed time, and power of sale in default, ut ante, Section V., No. I., clauses 4 and 5, p. 234; AND covenant from husband for payment of principal and interest, ut ante, Section II., No. I., clauses 10 and 11, pp. 37, 38.]

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trustees of

no act to

6. AND the said (trustees of settlement) do hereby for themselves, Covenant from their heirs, executors and administrators, covenant with the said settlement that (mortgagee's trustees), their executors, administrators and assigns, they have done and also with the said (mortgagee), his executors, administrators incumber. and assigns, that they the said (trustees of settlement) have not done or willingly or knowingly permitted or suffered, or been party or privy to any act, deed, thing or matter whatsoever, whereby or by reason whereof the said sum of 3,7501. Three per Cent. Reduced Annuities, or any part thereof, can be incumbered or prejudicially affected in any manner howsoever. (a) [INSERT proviso that trustees of settlement shall receive dividends until default; and that mortgagee's trustees will not exercise power of sale without giving six calendar months' previous notice to trustees of settlement; ALSO power of changing trustees, ut ante, Section V., No. I., clauses 8, 9 and 10, p. 236.J

IN WITNESS, &c.

(a) Whenever trustees are the mortgaging parties, they can only be required to covenant that they have done no act to incumber.

SECTION VI.

MORTGAGES OF INTERESTS IN SHIPPING, RAILWAY, BRIDGE, AND NAVIGATION SHARES; POLICIES OF ASSURANCE, DEBTS SECURED UPON BOND, PROMISSORY NOTES, BILLS OF EXCHANGE, OR ON JUDGMENTS, OR SIMPLE CONTRACT, LEGACIES, HOUSEHOLD FURNITURE AND OTHER MOVEABLES.

No. I.-MORTGAGE OF A SHIP.

No. II.-MORTGAGE OF RAILWAY SHARES.

No. III.-MORTGAGE BY A RAILWAY COMPANY.

No. IV. MORTGAGE OF A LIFE POLICY OF ASSURANCE BY HUSBAND IN PURSUANCE OF A POWER IN HIS MARRIAGE SETTLEMENT, THE TRUSTEES ADVANCING THE MONEYS OUT OF THE TRUST FUND, AND THE HUSBAND ASSIGNING THE POLICY TO THEM AS A SECURITY FOR THE REPAYMENT.

No. V.-MORTGAGE OF A BOND DEBT.

No. VI.-MORTGAGE OF A DEBT SECURED UPON A PROMISSORY NOTE.

No. VII.-ASSIGNMENT OF SIMPLE CONTRACT DEBTS AS A MORTGAGE SECURITY, WITH A POWER TO SUE FOR ALL MONEYS OWING THEREON, AND TO APPLY THE SAME IN LIQUIDATION OF THE MORTGAge Debt.

No. VIII.-ASSIGNMENT OF A JUDGMENT DEBT BY WAY OF MORTGAGE SECURITY.

No. IX.-MORTGAGE OF A LEGACY.

No. X.-BILL OF SALE OF HOUSEHOLD FURNITURE AND EFFECTS, WITH POWER OF SALE. VARIATION, WHERE THE ASSURANCE IS INTENDED ΤΟ EMBRACE AFTER-ACQUIRED PROPERTY.

No. XI.-ASSIGNMENT BY A MORTGAGEE UNDER A BILL OF SALE OF AFTERACQUIRED PROPERTY OF THE MORTGAGOR IN EXERCISE OF THE POWER OF ATTORNEY VESTED IN HIM FOR THAT PURPOSE BY THE ORIGINAL MORTGAGE DEED.

No. XII.-FORM OF AFFIDAVIT TO BE FILED WITH BILL OF SALE.

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BETWEEN (mortgagor) of, &c., of the one part, and (mortgagee) of, &c., of the other part.

mortgagor's interest in the

2. WHEREAS the said (mortgagor) is the owner or proprietor of Recital of [HERE set out number of shares] undivided sixty-fourth parts or shares of and in ALL that ship (barque, brig, schooner, sloop, &c., as vessel. the case may be) or vessel, called the Ann of Plymouth, of the burthen of 500 tons, (b) [now in the port of Plymouth aforesaid], whereof (Christian and surname of master) is master.

(a) The above form may be adapted to a mortgage of bridge or navigation shares, by simply altering the description of the mortgaged shares according to the circumstances of the particular case.

(b) If the ship is out of port on a voyage, substitute for words in brackets above

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No. I.

Mortgage of a Ship.

Of her being duly registered.

Of agreement for loan.

Testatum, by which mortgagor transfers, &c.

Habendum to mortgagee.

Proviso for redemption.

3. AND WHEREAS the said ship or vessel has been duly registered pursuant to act of Parliament, the certificate of which registry is in the following words, that is to say: in pursuance of an act passed in the sixth year of his late Majesty King George the Fourth, &c. [HERE insert copy of registry verbatim.]

4. AND WHEREAS the said mortgagor has requested the said (mortgagee) to lend him the sum of 2,000l. on the security of the said ship or vessel, which the said (mortgagee) has agreed to do.

5. NOW THIS Indenture witnESS ETH, that in consideration of the sum of 2,000l. sterling this day paid by the said (mortgagee) to the said (mortgagor), the receipt of which the said mortgagor hereby acknowledges, and therefrom doth release and for ever discharge the said (mortgagee), his heirs, executors, administrators and assigns, HE the said (mortgagor) DOTH by these presents grant, bargain, sell, assign, transfer and set over unto the said (mortgagee), his executors, administrators and assigns, ALL those (number of shares) undivided sixty-fourth parts or shares of him the said (mortgagor) of and in ALL that ship or vessel, called the "ANN," of or belonging to the port of Plymouth, whereof the said (master) is now master, and now in the said port of Plymouth, together with all masts, sails, yards, spars, anchors, cables, hawsers, rigging, ropes, cord, tackle, boats, oars, furniture, apparel, appendages and appurtenances whatsoever, of, in and to the said vessel and premises hereby transferred, belonging or appertaining, and all the estate, right, title and interest, both legal and equitable, of him the said mortgagor therein.

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6. TO HAVE, HOLD AND ENJOY the said shares of and in the said ship or vessel, and all and singular other the premises hereby assigned unto the said (mortgagee), his executors, administrators and assigns, for his and their own absolute use and benefit from henceforth and for ever, but subject to the proviso for redemption hereinafter contained; (that is to say,)

7. PROVIDED ALWAYS, AND IT IS HEREBY DECLARED, that if the said (mortgagor), his executors, administrators or assigns shall, on the next, pay unto the said (mortgagee), his

day of

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