No. V. (trustees), their heirs and assigns], as they or he, or their or his Mortgage in counsel in the law, shall require. Fee under the Benefit Building Societies Act, by Grant and Release IN WITNESS, &c. No. VI. MORTGAGE BY DEMISE FOR A TERM OF 1,000 YEARS, BY BETWEEN (tenant for life), of, &c., of the first part, (Commissioners (a) Tenants in tail, or for life, or for life or lives, or years determinable on Tenants in tail lives, or other contingency (except rectors or vicars), are empowered, under or for life the General Inclosure Act, 41 Geo. 3, c. 109, to charge such allotments or empowered to exchanged lands and premises, with such sum or sums of money, not exceeding charge their 51. per acre, as the Commissioners of the Inclosure Act shall by their award in allotments with writing, either before or after the execution of such award, adjudge necessary the expenses of Inclosure Act. to defray the expenses attending the obtaining the Inclosure Act, and carrying the same into execution; and to grant, mortgage, surrender, lease or demise, or otherwise subject the lands so to be charged, unto such person or persons who shall so advance the same respectively, for any term or number of years, so that every such grant, mortgage, surrender, lease or demise, be made with a proviso No. VI. Mortgage by Demise for of Local Inclosure Act), (b) of, &c. (commissioners appointed in pursuance of the act of Parliament passed in the year of the One Thousand reign of Her present Majesty Queen Victoria, intituled (here insert title of act), of the second part, and (mortgagee), of, &c., of the third part. Years, by Tenant for Life, &c. Recital of settlement creating the entail. Of appointment and power of 2. WHEREAS by indentures of lease and release, bearing date respectively the and days of in the year the indenture of release being made between the said (mortgagor) of the first part, (maiden name of wife) of the second part, and (trustees) of the third part (being a settlement made previously to and in contemplation of a marriage, then intended between the said (mortgagor) and (maiden name of wife), which was shortly afterwards duly solemnized), the hereditaments and premises therein and hereafter described, and which are also intended to be hereby demised, were limited and assured from and immediately after the solemnization of the said intended marriage, To the use of the said (mortgayor) and his assigns for life, without impeachment of waste, with a limitation to the use of the said (trustees) and their heirs during the life of the said (mortgagor), UPON TRUST to preserve contingent remainders, with remainder To the use of the first and other sons of the said intended marriage successively in tail male general, with limitations over, with the ultimate limitation to the use of right heirs of the said (mortgagor) for ever. 3. AND WHEREAS by the said act of the year of the reign commissioners. of Her present Majesty Queen Victoria, herein before referred to, Not absolutely necessary that commissioners should be to cease and be void, or with an express trust to be surrendered and re-assigned, when such sum or sums of money thereby to be secured shall be fully paid and satisfied; and also with a covenant to pay and keep down the interest, so that no person or persons afterwards becoming possessed or entitled to any such lands, &c., shall be liable to pay any further or larger arrear of interest than for six calendar months' preceding the time when his title shall have commenced: (sect. 30.) (b) It is not absolutely necessary that the commissioners should be made parties to the mortgages; all the act requires is, that they should certify the amount to be raised; still it has been the usual pactice to make them concurring parties to the parties, and this chiefly for the purpose of showing a recognition by them of the fact of their having given their certificate. mortgage. No. VI. Mortgage Years, by Tenant for Life, &c. the said (commissioners) and their successors are constituted commissioners for dividing, allotting and inclosing the open and common fields, meadows, pastures and commonable lands and waste One Thousand grounds, and for putting the said act in execution, subject to the regulations of the act passed in the forty-first year of the reign of his late Majesty King George the Third, intitled "An Act for Consolidating in one Act certain Provisions usually inserted in Acts of Inclosure, and for facilitating the Mode of Proving the several Facts usually required in the passing of such Act," except so far as the same was varied by the first-recited act. missioners 4. AND WHEREAS the said (commissioners) have, in pursuance That comof the said first-recited act, set out and allotted unto the said have made an (mortgagor), in lieu of his lands and rights of common, and other allotment. rights and interests to which he is entitled as such tenant for life as aforesaid, of and in the lands by the said first-recited act directed to be divided and inclosed, and exonerated from tithes the several allotments hereinafter described, and which are intended to be hereby demised, as they the said (commissioners) do hereby testify and declare. consented that the sum of £ missioners a certificate authorizing 5. AND WHEREAS the said (commissioners), as such commis- That comsioners as aforesaid, by a certificate in writing under their hands, have granted dated the day of should be charged on the allotments made to the said (mortgagor), mortgage. containing A. R. P., which said sum they adjudged necessary to defray the incidental expenses attending the said hereinbefore first recited act, and carry the same into execution, as also the costs of charging the said lands by these presents. for loan. 6. AND WHEREAS the said (mortgagor), in pursuance of the of agreement powers given to tenants for life, and tenants in tail, to raise money to pay the expenses of obtaining inclosure acts, and carrying the same into execution, by way of mortgage, by the said herein before mentioned act of the forty-first year of King George the Third, hath requested the said (mortgagee) to advance the said sum of £ on the security of the allotments hereinafter described, which the said (mortgagee), with the privity and approbation of the said (commissioners), hath agreed to do. No. VI. Mortgage by Demise for Years, by Life, fc. Testatum: mortgagor charges the mortgaged premises, and also demises the same. 7. NOW THIS INDENTURE WITNESSETH, that in pursuance of the said recited agreement, and in consideration of the sum of sterling, paid by the said (mortgagee) to the said (mortTenant for gagor) on the execution hereof (with the privity and consent of the said (commissioners), testified by their being parties hereto), the receipt of which said sum of £ the said (mortgagor) hereby acknowledges, and therefrom doth release, exonerate and for ever discharge the said (mortgagee), his executors, administrators and assigns, HE the said (mortgagor), in pursuance of the power given to him by the said hereinbefore recited act of the forty-first year of the reign of King George the Third, and of every other power in any wise enabling him thereunto, DOTH by these presents charge the several allotments, pieces or parcels of land and hereditaments hereinafter described, and intended to be hereby demised, with their appurtenances, with the payment of the said sum of £ the said (mortgagee), his executors, administrators and assigns, together with interest for the same after the rate of 51. for every 100%. by the year, at the time and in manner hereinafter mentioned; AND for the more effectually securing the repayment of the said principal sum of £ by these presents grant, bargain, sell and demise unto the said (mortgagee), his executors, administrators and assigns, ALL [HERE SET OUT parcels, as described in the award], TOGETHER with all ways, paths, passages, waters, watercourses, easements, profits, privileges, commodities, advantages, rights, members and appurtenances whatsoever to the said allotments, lands and premises belonging or appertaining. Habendum to inortgagee for 1000 years. Proviso for redemption unto and interest, the said (mortgagor) DOTH 8. TO HAVE AND TO HOLD the said several allotments, pieces or parcels of land, and all and singular other the premises hereinbefore described, and hereby demised, with their appurtenances, unto the said (mortgagee), his executors, administrators and assigns, from the day next before the day of the date of these presents, for and during and unto the full end and term of 1,000 years thence next ensuing, and fully to be completed and ended; SUBJECT NEVERTHELESS to the proviso for redemption hereinafter contained (that is to say), 9. PROVIDED ALWAYS, that whenever the said (mortgagor), his |