of

in

and in the said indenture

now in recital, or the schedule thereto, particularly described, were conveyed and assured, by, and by the direction of, the said A. B. and C. D., TO THE USE of the said E. F., G. H., and J. K., their heirs and assigns, by way of mortgage for securing the sum of £- and interest. AND of the deeds relating to the WHEREAS the several deeds, evidences, and writ- title; ings specified in the schedule hereto relate to the title of the said hereditaments, and, on the execution of the hereinbefore-recited mortgage, were delivered to the said E. F., G. H., and J. K. WHEREAS parts of the said hereditaments been sold, and the purchase-monies applied wards the discharge of the said mortgage debt, and, the sales thereof, the said E. F., G. H.,

upon

AND of parts of

the estate

have having been

sold, and of

to- the mortgagees having

and J. K., with the approbation of the said A. B. and C. D., have entered into covenants with the purchasers of the hereditaments so sold for the production and safe custody, and furnishing copies, of the said deeds, evidences, and writings, or some of them.

entered into

Covenants with the pur

chasers for

production;

of the first

mortgage

debt;

cond mort

AND WHEREAS the principal sum of of the state is now due and owing to the said E. F., G. H., and J. K., upon the security of the hereinbefore-recited indenture. AND WHEREAS, by an ―of the seindenture bearing even date with, but executed gage; before, these presents, and made, or expressed to be made, between [parties], such parts of the said hereditaments comprised in the said indenture of day of

the

as now remain unsold, have

-of the agreement for the deposit of the deeds;

-of the deposit.

Witnesseth.

in

been conveyed by the said A. B. and C. D. to the use of the said L. M., N. O., P. Q., and R. S., their heirs and assigns, by way of mortgage for securing the sum of £ and interest. AND WHEREAS, upon the treaty for the said mortgage made by the lastly hereinbefore-recited indenture, it was agreed that the said deeds, evidences, and writings should be deposited in the bank of Messrs. and that the said parties to these presents should enter into such agreement respecting the same as is hereinafter contained. AND WHEREAS the said deeds, evidences, and writings have been so deposited in the said bank of Messrs. Now THIS INDENTURE WITNESSETH, and, in consideration of the premises, IT IS HEREBY AGREED AND DECLARED, shall remain that so long as any principal money or interest and that both shall remain on the security of both the hereinbefore-recited indentures respectively, the said deeds, evidences, and writings specified in the said schedule hereto, shall remain deposited in the said bank of Messrs. -, on the account of the said E. F., G. H., and J. K., their heirs, executors, administrators, and assigns, on the one part, and the said L. M., N. O., P. Q., and R. S., and their heirs, executors, administrators, and assigns, on the other part; AND that the said E. F., G. H., and J. K., their heirs, executors, administrators, and assigns, and their solicitors and agents, and the said several persons with whom the said E. F.,

Agreement

that the deeds

deposited,

sets of mort

gagees shall have access

thereto;

deeds shall be

all reasonable

G. H., and J. K. have entered into covenants as aforesaid, and the heirs and assigns of such persons respectively, and all other persons entitled to the benefit of the said covenants respectively, and also the said L. M., N. O., P. Q., and R. S., their heirs, executors, administrators, and assigns, and their solicitors and agents, shall and may at all times have access to the said deeds, evidences, and writings, to examine, copy, and abstract the same, or make extracts therefrom, and for all other reasonable purposes. AND, FUR- and that the THER, that the said deeds, evidences, and writings produced on shall be produced and used on all occasions on occasions; which they may be reasonably required to the defence or manifestation of the title of the said E. F., G. H., and J. K., their heirs, executors, administrators, and assigns, or of any of their said covenantees, or the heirs or assigns of such covenantees respectively, or any of them, or of any other the persons entitled to the benefit of the said covenants, and of the said L. M., N. O., P. Q., and R. S., their heirs, executors, administrators, and assigns, to the said hereditaments hereinbefore referred to, or any of them, or any part thereof. AND, FURTHER, that, when and if and that, if either of the said hereinbefore-recited mortgages mortgages be shall be paid off while any money remains due on the other of the said mortgages, then from thenceforth the said deeds, evidences, and writings shall be delivered and belong to the

either of the

paid off, the

deeds shall be and other mort

given to the

gagees.

mortgagees whose mortgage-money, or some part of whose mortgage-money, shall remain unpaid, their heirs, executors, administrators, and assigns. IN WITNESS &c.

THE SCHEDULE to which the above-written INDENTURE refers.

293

APPENDIX.

8 & 9 VICT. Cap. 119.

An Act to facilitate the Conveyance of Real Property.

Where the column I. of

words of

schedule are employed,

the second

WHEREAS it is expedient to facilitate the sale and conveyance of real property: Be it enacted by the Queen's most excellent Majesty, by and with the advice and consent of the Lords spiritual and temporal, and Commons in this present Parliament assembled, and by the authority of the same, That, whenever any party to any deed, made according to the forms set forth in the first schedule of this act, or to any other deed which shall be expressed to be made in pursuance of this act, or referring thereto, shall employ in any the deed to such deed respectively any of the forms of words contained have the same in column I. of the second schedule hereto annexed, and dis- words in tinguished by any number therein, such deed shall be taken to have the same effect, and be construed as if such party had inserted in such deed the form of words contained in column II. of the same schedule, and distinguished by the same number as is annexed to the form of words employed by such party; but it shall not be necessary in any such deed to insert any such number.

effect as if the

column II.

were inserted.

clude all

and the rever

sion and all

II. That every such deed, unless any exception be specially Deed to inmade therein, shall be held and construed to include all houses, &c., houses, outhouses, edifices, barns, stables, yards, gardens, orchards, commons, trees, woods, underwoods, mounds, fences, hedges, ditches, ways, waters, watercourses, lights, liberties, privileges, easements, profits, commodities, emolu

the estate.