hereby granted and released or expressed and intended so to be or upon the said 3000l. 37. per cent. Reduced Bank Annuities so to be transferred as aforesaid or on the said sum or sums of money to be paid by way of dividends thereon or any part thereof respectively or upon the said James Smith his heirs executors administrators or assigns or any other person or persons for upon account or in respect of the said messuages or tenements lands and other hereditaments or of the said 30007. 37. per cent. Reduced Bank Annuities or of the said sum or sums of money to be paid by way of dividends thereon or any part thereof respectively by authority of Parliament or otherwise howsoever or for upon account or in respect of any other matter cause or thing whatsoever, Then and in such case the said James Smith his heirs or assigns shall and will at any time after such transfer and payment shall be so respectively made as aforesaid upon the request and at the proper costs and charges of the said Thomas Brown his heirs executors administrators or assigns reconvey the said messuages or tenements lands and other hereditaments with their appurtenances unto the said Thomas Brown his heirs and assigns or as he or they shall in that behalf order or direct free from all incumbrances whatsoever made done or committed by the said James Smith his heirs executors administrators or assigns And the said Thomas Brown doth hereby for himself his heirs executors and administrators covenant promise and agree with and to the said James Smith his executors administrators and assigns that he the said Thomas Brown his heirs executors administrators or assigns or some or one of them shall and will well and truly transfer or cause to be transferred into the name or names of the said James Smith his executors administrators or assigns the said last mentioned 30007. 31. per cent. Reduced Bank Annuities in manner aforesaid and on or at the day or time hereinbefore mentioned and appointed for the transfer of the same and in the mean time well and truly pay or cause to be paid unto the same James Smith his executors administrators and assigns such a sum or sums of money by way of dividends in respect of the same 3000l. 37. per cent. Reduced Bank Annuities on or at such days or times and in such shares and proportions as is and are hereinbefore also mentioned and appointed for the payment of the same respectively (The usual covenants for title and for quiet enjoyment by the mortgagor until default) In witness &c.

Bond in the penal sum of 6000Z. for the retransfer of 3000l. 31. per cent. Reduced Bank Annuities and the payment of Dividends in the mean time.

Whereas the above bounden Thomas Brown having occasion for the loan of a sum of money the above named James Smith at his request hath sold out 3000l. 37. per cent. Reduced Bank Annuities lately standing in his name in the books of the Governor and Company of the

day of

Bank of England and which after payment of the broker's commission and other incidental expenses of sale produced the sum of 7. which the said James Smith hath paid into the hands of the said Thomas Brown and the re-transfer of which said 30004 37. per cent. Reduced Bank Annuities with payment in the mean time of such a sum or sums of money as will be equivalent to the dividends which would have been payable in respect of the same in case such transfer had not been so made as aforesaid hath been in part secured to the said James Smith his executors administrators and assigns by certain indentures of lease and release and mortgage bearing date respectively the day next before and even date with these presents Now the condition of the above written bond or obligation is that if the said Thomas Brown his heirs executors or administrators do and shall on the which will be in the year or in case the books of the Governor and Company of the Bank of England for the transfer of 31. per cent. Reduced Bank Annuities shall be then closed then do and shall on the first day after the said on which such books shall be open for making transfer of such stock well and truly transfer or cause to be transferred 3000l. 37. per cent. Reduced Bank Annuities in the said books of the said Governor and Company into the name or names of the said James Smith his executors administrators or assigns and do and shall in the mean time and from time to time well and truly pay or cause to be paid unto the said James Smith his executors administrators or assigns such a sum or sums of money as shall be equivalent to the dividends which would have become payable unto him or them in respect of the said first mentioned 30007. 37. per cent. Reduced Bank Annuities in case the same had not been so transferred as aforesaid on or at the like days or times and in the like shares and proportions on or at and in which such dividends would have become payable in case such transfer had not been so made as aforesaid without any deduction or abatement whatsoever then and in such case the above written bond or obligation shall be void or else shall remain and be in full force and virtue.

day of

Q Q

1.

INDEX.

A.

ACCOUNT,

former practice to allow interest on mortgage debt and interest, from
confirmation of Master's report, 434.

practice altered; time enlarged on payment of arrears on former account,
435. 495.

distinction in this respect between sale and foreclosure, 435.
mortgagor not liable to account for rents and profits, 325. 530.
assignee of mortgage subject to account in like manner as assignor, if
assignment be without mortgagor's concurrence, 301, 302. 535.
mortgagee in possession liable to account for rents and profits, 303.

even after assignment, if made without mortgagor's concurrence, 303.
535.

not liable for actual value, or by proof of what the land is worth,
except in case of wilful default, 345. 366, 367. 532, 533.

or except in case of gross mismanagement, 533.

but it is not every interference that makes mortgagee account as mortgagee
in possession, 366.

inquiry generally directed where mortgagor by his answer suggests mort-
gagee has been in possession, 508.

if mortgagee permit tenant for life to run interest in arrear, and afterwards
purchase the estate for life, and enter, the surplus rents above the
accruing interest shall be applied in discharge of the arrears, 366.
mortgagee purchasing estate for life must keep down accruing interest, 519.

523.

if a term be created for raising money out of annual profits, and mortgagee
permit mortgagor to receive the rents, he must account for them, 366.
mortgagee of a debt answerable for neglect in not duly levying under an
execution taken out by him, 367.

an account stated is not sufficient evidence of intention to convert interest
into principal, 431.

account taken on the sale of the property mortgaged will not warrant an
action of debt upon an account stated, 300.

reference to Master under 7 Geo. 2, c. 20; mortgagor bound by sum
charged in bill, 530.

sums received since the decree, must be brought into account, 530.

Master not to make annual rests unless specially directed, 530.

in what cases annual rests will be directed, 530, 531.

the fact of an arrear of interest being due, or not, when the mortgagee
takes possession, not conclusive upon the question of taking annual
rests, 531.

rents in the hands of receiver, or in Court, but directed to be paid to
mortgagee, are for this purpose, considered as already paid when mort-
gagee takes possession, 531.

annual rests decreed on further directions though not directed by former
orders, when, 531.

annual rests will be directed of occupation rent, 531.

ACCOUNT-continued.

computation of interest not directed, when not reserved by original decree,
unless an equitable right to charge the accounting party appears from
the Master's report, 531.

in what manner the account with rests is to be taken, 533.

how mortgagee to be charged when paid in full at the time of the filed bill, or
on earlier demand made by mortgagor or subsequent incumbrancer, 531.
or when paid out of the rents during the suit, 532.

or between the filing of the answer and the Master's report, 532.
mortgagee charged generally with interest at 44. per cent., 531.

when the Court will direct an occupation rent against mortgagee, 532.
in what manner the value of the land will be calculated against the
mortgagee, 532.

mortgagee not answerable for imaginary profits, 533.

mortgagee does not render annual accounts to mortgagor during the
mortgage, 532.

mortgagee entitled on redemption to his principal, interest, and costs,

385. 533.

and not charged with costs though mortgage paid at the time of filing
of bill, unless reserved by the decree, 531.

under decree to take account of sums received by defendant (the devisee of
mortgagee) no account taken of sums received by the latter, 533.
mortgagee holding on trusts not answerable for rents received while not in
possession, without cross bill filed, 534.

there must be a special order for an allowance of improvements, 533.
mortgagee may have interest on interest if confirmed by mortgagor, 533.
cannot charge for his own trouble, 343. 533.

when allowed expense of a receiver, 343. 533.

mortgagee in possession responsible if he act malá fide, 533.

instances of, 533, 534.

account taken between mortgagor and first mortgagee binds subsequent
incumbrancers, when, 534.

account between mortgagor and tenant for life binding on contingent
remainder coming afterwards into esse, 534.

between mortgagor and assignees of bankrupt binding on all claiming
under the bankrupt, 534.

taken during minority binding on infant, 534.

always subject to be opened for fraud, 534.

or mortgagor may point out specific errors, and surcharge and falsify,
but not go into general account, 534.

general rule that a settled account shall not be opened unless particular
errors pointed out, 534.

where equity of redemption abandoned for many years, a purchaser of the
equity only allowed to surcharge and falsify, on coming in to redeem, 534.
solicitor taking security for an unsettled account subject to a general
account in equity, 535.

or if he admit error generally in a settled account, 535.

and if (being mortgagee) he charge poundage, without giving due in-
formation of the law to his client, 535.

in order to tax solicitor's bill after payment, client must prove grossly
improper charges, 535.

second account taken from the foot of the first, 535.

mortgagor not bound by an account between the mortgagee and his
assignee, 535.

mortgagor need only make the last assignee of the mortgage party to his
bill for an account, 535.

mortgagee not allowed expenses for opening mines or quarries, 536.
but allowed expenses in renewing leases, necessary repairs, lasting im-
provements, and costs, 344. 536.

extraordinary expenses should be sanctioned by the mortgagor, 344. 536.
mortgagee not allowed for improvements if in the result the value of the
estate is not increased, 367.

must not improve the mortgagor out of his estate, 344.