of Great Britain upon the petition of the said [mortgagor], and bearing date the day of, it was ordered that it should be referred to, the Master in rotation, to inquire and certify whether the said [lunatic mortgagee] was an idiot, lunatic, or of unsound mind, and incapable of managing his own affairs; and in case the said Master should find the said [mortgagee] to be an idiot, lunatic, or of unsound mind, or incapable of managing his affairs, then he was to inquire and certify whether he was seised or possessed of the hereditaments and premises comprised in the said indentures of lease and release, of [date], or of any and what part or parts thereof, either alone or jointly with any other person or persons, and whom, as a trustee or trustees, upon any and what trust or trusts, or by way of any and what mortgage, and for whom, within the intent and meaning of an act of Parliament passed in the first year of the reign of his present Majesty King William the Fourth, intituled 'An Act, &c. [title, ante, p. 517], and whether the said [mortgagee] had any and what beneficial estate or interest therein; and in case the said Master should find him to be a mortgagee of the said hereditaments and premises within the intent and meaning of the said act, then he was to inquire and certify whether any thing and what was due and ought to be paid for principal and interest on the said mortgage, and whether the said [mortgagee] was entitled thereto, or to any and what part thereof in his own right and for his own benefit, or in trust for any other person or persons, and whom; and if the said Master should find the said [mortgagee] to be entitled to the said principal and interest, or any part thereof, in his own right and for his own benefit as aforesaid, and such principal and interest, or the portion thereof to which the said [mortgagee] should be so entitled, should not exceed 700l., then the said Master was to certify who was or were the most fit and proper person or persons to be appointed on behalf of the said [mortgagee], being so idiot, lunatic, or of unsound mind, or incapable of managing his affairs, to receive the amount to be so found due to him, and also who was or were the most fit and proper person or persons to be appointed, în the place of the said [mortgagee], to convey and assure, or join in conveying and assuring, the hereditaments and premises whereof he might be found to be so seised, and to whom. AND WHEREAS the said Master, by his report bearing date the -day of -, made in pursuance of the said order, certified (amongst other things) that he found that the said [mortgagee] was a lunatic and of unsound mind, and incapable of managing his affairs, and that he was seised of the hereditaments and premises comprised in the said indentures of lease and release, of [date], alone, and not jointly with any other person or persons, within the intent and meaning of the act of Parliament in the said order mentioned; And he found that the said [mortgagee] was entitled to the beneficial interest in such mortgage; and he further found that there was due and ought to be paid for principal and interest on the said mortgage 4351., and that the said [mortgagee] was entitled thereto in his own right and for his own benefit; and the same not exceed ing 7007. in the said order mentioned, he was of opinion that the said [nominee] was the most fit and proper person to be appointed on behalf of the said [mortgagee], he being so lunatic and of unsound mind, and incapable of managing his affairs as aforesaid, to receive the said 435l., being the amount so found due as aforesaid; and he was also of opinion, that the said [nominee] was the most fit and proper person to be appointed in the place of the said [mortgagee] to convey and assure, or join in conveying and assuring, the hereditaments and premises and interest whereof he was found to be so seised as aforesaid, to the said [mortgagor]. AND WHEREAS, by another order made by the said Lord Chancellor in the said matter, upon the petition of the said [mortgagor], and bearing date the day of it was ordered, that the Master's said report should be confirmed; and it appearing to the said Lord Chancellor by the said report, that the said [mortgagee] was a person of unsound mind, and incapable of managing his affairs, and that he was seised of the hereditaments and premises comprised in the indentures of lease and release of the [date] mentioned in the said petition, by way of mortgage, within the intent and meaning of the said act of Parliament, the said Lord Chancellor thereby appointed [nominee], named in the said report, in the place of the said [mortgagee], being of unsound mind as aforesaid, upon entering into the security thereinafter mentioned, to receive the principal and interest certified to be due to him in respect of the said mortgage, and to convey, assign, and assure, and the said Lord Chancellor thereby directed the said [nominee], in the place of the said [mortgagee], to convey, assign, and assure all the estate, right, title, and interest whatsoever of the said [mortgagee] of, in, and to the hereditaments and premises mentioned and comprised in the aforesaid indentures of [date], freed and discharged of and from the principal sum of 4007. thereby secured, and all interest due thereon, and all claims and demands in respect thereof respectively, to the said [mortgagor], his heirs and assigns, or as he or they should direct or appoint, upon payment to the said [nominee] of the sum of 435l., the principal and interest certified to be due by the said Master (after deducting the costs and expenses therein and hereinafter mentioned). And it was further ordered, that such conveyance should be settled and approved by, the Master to whom the said matter stood referred, in case the parties differed about the same; and it was referred to the said Master to settle and take such security for the due application of the said principal money and interest by the said [nominee] as he should consider proper and sufficient; And it was thereby further ordered, that the said [mortgagor] should be at liberty to retain, out of the said mortgagemoney and interest, his costs and expenses of and occasioned by the several petitions and orders in the said matter, and consequent thereon, (excepting the costs of the reconveyance, which were to be borne and paid by the said [mortgagor],) such costs and expenses to be taxed by the said Master in case the parties differed about the same. AND WHEREAS, after deducting the sum of £, the amount of as the costs and expenses by the said last-mentioned order directed to be retained by the said [mortgagor] out of the said mortgagemoney and interest, the sum of £ only remains due to the said [mortgagee]. AND WHEREAS the said [nominee] has duly entered into security, to the satisfaction of the said [Master], for the due application of the said sum of £ by the said [nominee]; in testimony whereof the said [Master] has signed the certificate indorsed upon these presents. [In cases where the parties differ, and the conveyance is settled by the Master, his approval should be recited, see ante, p. 758, in which may be included the last recital as to the security.] NOW THIS INDENTURE WITNESSETH, that, by virtue of the said act of Parliament, and in pursuance and performance of the said lastly hereinbefore recited order, and for and in consideration of the sum of £—— of lawful money of Great Britain to the said [nominee] in hand well and truly paid by the said [mortgagor], at or immediately before the sealing and delivery of these presents, in full satisfaction and discharge of all principal and interest money due and owing to the said [mortgagee], upon or by virtue of his. said recited security, after deducting the said sum of £aforesaid, the receipt and payment of which said sum of £he the said [nominee] doth hereby acknowledge, and of and from the same and every part thereof he the said [mortgagee] (acting by the said [nominee] as aforesaid), and also the said [nominee], do and each of them doth acquit, release and discharge the said [mortgagor], his heirs, executors, administrators, and assigns, and every of them, for ever, by these presents, He, the said [lunatic mortgagee], (acting by the said [nominee] so appointed as aforesaid), hath granted, bargained, sold, aliened, released, and confirmed, and by these presents doth grant, bargain, sell, alien, release, and confirm unto the said [mortgagor], (in his actual possession, &c.) and his heirs, the messuages or tenements, land, and all and singular other the hereditaments and premises comprised in the said recited indentures of lease and release of [date], and thereby granted and released, or expressed and intended so to be, with their and every of their rights and appurtenances; And all the estate, &c. of the said [mortgagee], of, in, to, or out of the same premises, every or any part thereof, with their appurtenances; To HAVE AND TO HOLD the said messuage or tenement, land, and all and singular other the premises hereby granted and released, or expressed and intended so to be, with their and every of their appurtenances, unto the said [mortgagor], his heirs, and assigns to the use of the said [mortgagor], his heirs and assigns, for ever, freed and absolutely discharged of and from the principal sum of £- -, secured by the said recited indentures of [date], and all interest due thereon, and all claims and demands in respect thereof respectively. And the said [mortgagee], (acting by the said [nominee] as aforesaid, doth hereby for himself, &c., [usual covenant against incumbrances by the mortgagee]. IN WITNESS whereof the said [nominee], by virtue of the above-mentioned act of Parliament, and in obedience to the above-recited order of the said Lord Chancellor, bearing date the day of --- bath, in the place of the said [mortgagee], and on his behalf, subscribed his name and set his seal, and the said [nominee] hath subscribed his name and set his seal, on the day and year first above written. [Mortgagee] (L. s.) by [nominee]. [Nominee] (L. S.) Memorandum to be indorsed and signed by the Master. I hereby certify, that the within-named [nominee] has, in pursuance of the within-recited order of the day of en and tered into such security as I consider proper and sufficient for the due application of the within-mentioned sum of £ interest. As witness my hand this Witness, [A.B.] -day of [Signature of the Master to whom the matter was referred]. Attestation, Signed, sealed, and delivered by the within-named [nominee], in the place and on the behalf of the within-named [lunatic mortgagee], and also by the said [nomince], in the presence of RELEASE. Release and Indemnity given by one of the Next of Kin of an Intestate on his Share of certain Stocks, Funds, and Securities being transferred and paid to him by the Committee of the Estate of a lunatic, under an Order of the Lord Chancellor. THIS INDENTURE, made &c., between [releasor], of &c., only surviving brother, and one of the three next of kin of ——, late of &c., deceased, of the one part, and of &c., the committee of the estate and effects of a lunatic, and now residing, &c. widow, and next of kin of the said [intestate], and also administrator de bonis non of the estate and effects of the said [intestate], deceased, during the lunacy of the said [lunatic], of the other part: WHEREAS the said [intestate] departed this life in or about the month of June, 1828, intestate, and without issue, leaving the said [lunatic], his widow, him surviving: AND WHEREAS administration of the goods and chattels, rights and credits of the said [intestate], was granted to the said [lunatic], by the Prerogative Court of the Archbishop of Canterbury, on or about the 2nd day of July, 1828: AND WHEREAS [Recital of the commission of lunacy, the appointment of committees, and the grant of the custody, see ante, p. 7]: AND WHEREAS letters of administration of the goods and chattels, rights and credits of the said [intestate], left unadministered by the said [lunatic], were granted to the said [committee], during the lunacy of the said [luna tic], by the &c., on &c.: AND WHEREAS the said Master, by his report, in writing, bearing date the 14th day of January, 1831, made in pursuance of an order of the Lord Chancellor to that effect, certified that the said [releasor] and [two others] were the only surviving brother and sisters, and only next of kin, of the said [intestate]; and the said Master also reported, pursuant to the said order last referred to, that the said [intestate] was at the time of his decease possessed of the following property and effects; (that is to say), the sum of 1200l. cash, in the hands of &c. [the particulars of the property are here set forth]. And the said Master found that the said [intestate] was not indebted at his death, nor was the said [lunatic] then indebted: And the said Master reported that the said lunatic did, before her said lunacy, take possession of the said household goods, &c.; and also caused the said stock and funds to be transferred to, and they were then standing in, her name in the books of the Governor and Company of the Bank of England: AND WHEREAS, by a further order of the said Lord Chancellor, made in the said matter, bearing date the 8th day of March, 1881, on the joint petition of [the committees of the person and estate, and the persons entitled to distri butive shares of intestate's estate], it was ordered, that the said lastmentioned report should be confirmed; and it was (amongst other things) further ordered, that the said [committee] as such committee as aforesaid, should be at liberty to transfer and pay the residue of the said lunatic's moiety of the several stocks, funds, annuities, and securities mentioned in the said report, and the dividends due and to become due in respect thereof, after the payment thereinbefore directed, into the Bank, in the name and with the privity of the Accountant-General of the Court of Chancery, in trust in the said matter; And it was further ordered, that, upon a proper release and indemnity, or proper releases and indemnities, to the said lunatic. and her estate being given and executed (at the expense of the said lunatic's estate) by the said petitioners [the parties entitled to distributive shares of the intestate's estate] to the said [committee], as committee thereof, (such release and indemnity, or releases and indemnities, to be settled by the said Master), the said committee should, as such administrator as aforesaid, pay the remaining moiety of the said stocks, funds, and securities, and the dividends due and to accrue due in respect thereof, to the said petitioners [the persons entitled to distributive shares] in equal shares and proportions. AND WHEREAS the said [releasor], in consideration of his distributive share of the said intestate's bonds, stocks, funds, and securities, as aforesaid, being delivered, transferred, or paid to him, pursuant to the said last-recited order, is desirous of executing this present release and indemnity, settled and approved by the said Master, testified by his signature of approbation in the margin hereof, pursuant to the same order, and the said [releasor] hath also concurrently executed a receipt, duly stamped, for his said distributive share, as required by the statute in that behalf. NOW THIS INDENTURE WITNESSETH, that, in pursuance of the said recited arrangement, and in consideration that one third part or share of and in one moiety |