ANCE BY MORT , GAGOR AND MORT GAGFE.. Sum due ment for pay ment of same chase money. Considera gagee, all incumbrances, at or for the price or sum of 20007.: AND CONVEYWHEREAS the said sum of 10007. is still due and owing on the security of the said recited indenture of the day of but all interest for the same has been paid up to the day of the date of these presents: AND WHEREAS upon the treaty for the said purchase, it was agreed that the said sum of 10007. should be paid to the said A. B. out of the said purchase money or sum of £2000: NOW THIS INDENTURE WITNESSETH, that in pursuance of the said agreement, and in consideration out of pur of the sum of £1000, on or immediately before the execution Witnessing of these presents to the said A. B. in hand well and truly part. paid by the said G. H., at the request and by the direction tion to mortof the said C. D., (testified by his being a party to and executing these presents), the receipt of which said sum of £1000 the said A. B. doth hereby acknowledge, and declare the same to be in full satisfaction and discharge of all principal monies and interest due and owing on the security of the said recited indenture of the day of —, and of and from the same, and every part thereof, doth acquit, release and discharge as well the said C. D., his heirs, executors and administrators, as also the said G. H., his heirs, executors, administrators and assigns, and every of them, for ever by these presents; and and considealso in consideration of the sum of £1000 to the said C. D. at vendor. the same time paid by the said G. H., the payment and receipt in manner aforesaid of which said several sums of £1000 and £1000 (making together the sum of £2000), he the said C. D. doth hereby acknowledge, and of and from the same, and every part thereof, doth acquit, release and discharge the said G. H., his heirs, executors, administrators and assigns, for ever by these presents: He, the said A. B., at the request and by the direction Conveyance of the said C. D., by these presents doth grant and convey, and wife, and the said C. D. by these presents doth grant, convey and confirm, and the said E. F., with the privity and concurrence of the said C. D. (testified by his being a party to and executing these presents), doth by these presents grant, release, and dispose of unto the said G. H. and his heirs, ALL, &c. [parcels] (general words, and all the estate, &c.) To HAVE of parcels. AND TO HOLD the said messuages, tenements, lands, here- Habendum ditaments, and all and singular other the premises hereby chaser in fee. I ration to by mortgagor and mort gagee, to pur CONVEY MORT MORT GAGEE. mortgagee cumbrances. assured or expressed, and intended so to be, with their appurtenances, unto the said G. H., his heirs and assigns, To THE GAGOR AND USE of the said G. H., his heirs and assigns for ever, absolutely freed and discharged from the said mortgage sum of 10007., and all interest for the same, and all monies and demands on account thereof respectively, AND IT Is hereby declared by the H said that his widow shall not be entitled to dower out of Covenant by the premises: AND THE SAID A. B. doth hereby for himself, against in his heirs, executors and administrators, covenant with the said G. H., his heirs and assigns, that he the said A. B. hath not at any time heretofore made, done, committed or executed, or knowingly or willingly permitted or suffered, or been party or privy to any act, deed, matter, or thing, whereby or by reason or means whereof he is in anywise prevented from assuring the said hereditaments and premises hereby assured, or expressed or intended so to be, unto and to the use of the said G. H., his heirs and assigns, in manner aforesaid, or whereby or by reason or means whereof the said hereditaments and premises, or any of them, or any part or parts thereof, are, is, can, shall, or may be in anywise impeached, charged, affected, or incumbered in title, estate, or otherwise howsoever AND THE SAID C. D. doth hereby for himself, his heirs, executors and administrators, covenant with the said G. H., his heirs and assigns, that notwithstanding any act, deed, matter, or thing by him the said C. D., or by any person or persons claiming from, under, or in trust for him, made, done, omitted, committed, executed, or knowingly or willingly suffered to the contrary, they the said C. D. and E. F., and A. B., or some of them; now have in themselves good right and absolute authority to convey the said hereditaments and premises hereby assured or expressed, and intended so to be, with their appurtenances, unto and to the use of the said G. H., his heirs and assigns, in manner aforesaid, according to the true intent and meaning of these presents: AND THAT it shall be lawful for the said G. H., his heirs and assigns, from time to time, and at all times hereafter, peaceably and quietly to hold, possess and enjoy the said hereditaments and premises hereby assured or expressed, and intended so to be, with their appurtenances, and receive the rents and profits thereof, and of every Covenants by vendor, for right to convey, for quiet enjoyment. coNVEYANCE BY GAGOR AND MORT MORT GAGEE. Freedom from incum ther assur ance. part thereof, to and for his and their own benefit, without any lawful let, suit, trouble, eviction, claim or demand whatsoever, of or by him the said C. D. and his heirs, or the said E. F., or the said A. B. or his heirs, or by any other person or persons lawfully claiming or to claim by, from, or under or in trust for them, or any of them: AND THAT free and clear, and freely and clearly and absolutely acquitted, exonerated, released and brances. for ever discharged or otherwise by the said C. D., his heirs, executors and administrators, well and sufficiently saved, defended, kept harmless and indemnified, of, from and against all estates, titles, troubles, charges, debts and incumbrances whatsoever, either already or to be hereafter had, made, executed, occasioned or suffered by the said C. D. or his heirs, or the said E. F., or the said A. B. or his heirs, or by any other person or persons lawfully claiming or to claim by, from, or under or in trust for them, or any of them: AND FURTHER And for furthat he the said C. D. and his heirs, and the said E. F., and the said A. B. and his heirs, and all and every other person and persons having or claiming, or who shall or may have or claim, any estate, right, title or interest, at law or in equity, in, to, or out of the said hereditaments and premises hereby assured or expressed, and intended so to be, or any of them, or any part thereof, by, from or under, or in trust for him the said C. D. or his heirs, or the said E. F., or the said A. B. or his heirs, shall and will from time to time, and at all times hereafter, upon the reasonable request, and at the costs and charges of the said G. H., his heirs or assigns, make and perfect, or cause to be made and perfected, all such further and other lawful and reasonable acts, deeds, things, devices and assurances in the law whatsoever, for the further, better, more perfectly and absolutely conveying, releasing and assuring of the said hereditaments and premises hereby assured or expressed, and intended so to be, and every part thereof, with their appurtenances, unto and to the use of the said G. H., his heirs and assigns, in manner aforesaid, and according to the true intent and meaning of these presents, as by the said G. H., his heirs or assigns, or his or their counsel in the law, shall be reasonably devised, advised and required. IN WITNESS, &c. CONVEY- MORT GAGOR AND MORTGAGEE. OBSERVATIONS ON THE DISPOSITION OF THE PROPERTY Bankrupt tion Act. Assignees may execute powers, THE whole of the old Bankrupt Act (9 Geo. 4. c. 106.) is repealed, and the law of Bankruptcy is now principally regulated by the Bankrupt Law Consolidation Act, 1849 (12 & 13 Vict. c. 106.) Appointment By ss. 141 & 142 of that act, the real and personal of assignees. property of the bankrupt vests in the assignees by virtue of their appointment. By section 147, all powers vested in the bankrupt which he might legally execute for his own benefit (except the right of nomination to any vacant ecclesiastical benefice), may be executed by the assignees for the benefit of the creditors, in like manner as the bankrupt might have executed the same. And by section 149, the assignees can redeem any real or personal estate of the bankrupt which has been granted by him upon condition, or subject to a power of redemption, as fully as the bankrupt might have done. and redeem conditional estates. Sales to purchaser after act of bankruptcy. No sale by the bankrupt can be avoided as against a bona fide purchaser advancing his money with notice that the vendor had committed an act of bankruptcy, unless a fiat or petition for adju dication of bankruptcy should be sued out or filed within twelve months after the act of bankruptcy (12 & 13 Vict. c. 106. s. 134.) And by the 133rd section it is declared that all payments, conveyances, and contracts, &c., bonâ fide made or executed and entered into by the bankrupt, and all executions against his lands if executed by seizure, and against goods if executed by seizure and sale, before the date of the fiat or the filing of the petition, shall be valid, notwithstanding a prior act of bankruptcy, provided the purchaser had no notice thereof at the time of such payment, conveyance, contract, transaction, execution, &c. rupt's lease or refusal assignees. The leaseholds of the bankrupt vest in the The bankassignees by virtue of their appointment, and they holds. may accept the lease and take possession, or decline it, as they may think proper. If they accept the Acceptance lease, then the bankrupt is no longer liable to the thereof by rents and covenants, and if they decline it, his liability will cease in case he delivers up the lease or agreement within fourteen days after he has had notice of the refusal of the assignees. (12 & 13 Vict. c. 106. s. 145.) Court to holds of The Court is empowered to sell the copyholds of Power of the bankrupt and to authorize any person on behalf sell copyof the Court of Bankruptcy to surrender the same bankrupt. for the purpose of any purchaser being admitted thereto (12 & 13 Vict. c. 106. s. 209.); but in such case the purchase money must be paid to the official assignee, and he should therefore join in the deed of covenant. The assignees generally sell the property of the Mode of sale |