ASSIGN MENT OF PART OF WHERE APPOR TIONED. good; and for payment and his propor and cove following (that is to say), THAT FOR AND NOTWITHSTANDING any act, deed, matter or thing whatsoever by him the said. A. B. made, done, omitted, committed or executed, or know- LEASEHOLDS ingly or willingly suffered to the contrary, the said indenture. of lease is, at the time of the execution of these presents, a good and effectual lease in the law of the said premises hereby assigned, or expressed and intended so to be, as aforesaid, and that lease is every part thereof, for the whole period of the said term of seventy-eight years thereby expressed to be created, and that the said indenture of lease has not either wholly or in part become forfeited, surrendered, merged, or become void or voidable, and that the rent, covenants, conditions and agreements by and in the said indenture of lease reserved and contained, have, on the tenant's or lessee's part, been duly paid, observed and performed up to the day of the date hereof: AND ALSO that he the said A. B., his executors, administrators and observance of assigns, shall and will from time to time and at all times here- tion of rent after during the said term of seventy-eight years, granted nants. by the said recited indenture of lease, well and truly pay, or cause to be paid, the yearly rent of £6 in respect of the premises comprised in the said indenture of lease which are not intended to be hereby assigned, and also shall and will observe, perform and keep all and singular the covenants, conditions and agreements in the said indenture of lease contained, and which henceforth, on the part of the tenant, lessee or assignee, are or ought to be observed and performed, so far only as the same relate to such part of the premises comprised in the said indenture of lease as are not intended to be hereby assigned, and shall and will from time to time and at all times hereafter, save, defend, keep harmless, and indemnify the said C. D., his heirs, executors and administrators, and his and their lands and tenements, goods and chattels, from and against the payment of the said rent of £6, and the performance of the said covenants, conditions and agreements relating to such portion of the said premises comprised in the said indenture of lease as aforesaid as are not intended to be hereby assigned, and from and against all and all manner of actions and suits, cause and causes of action and suit, evictions, ejectments, costs, charges, damages, claims and demands whatsoever, for or on ASSIGN MENT OF WHERE RENT IS APPORTIONED. purchaser for payment and observance tion of rent and cove nants. account of the same or in anywise relating thereto: AND THAT for and notwithstanding [Covenants by A. B. for right to assign, LEASEHOLDS peaceable enjoyment, freedom from incumbrances, and for further assurance, see supra, p. 99]: AND THE SAID C. D. doth hereby for himself, his heirs, executors, administrators and assigns, covenant with the said A. B., his executors, admiCovenant by nistrators and assigns, that he the said C. D., his heirs, executors, administrators and assigns, shall and will from of his propor- time to time and at all times hereafter during the said term of seventy-eight years, granted by the said recited indenture of lease, well and truly pay or cause to be paid the said yearly rent of £6 so agreed to be paid by him and them. in respect of the premises hereby assigned, and also shall and will observe, perform and keep all and singular the covenants, conditions and agreements in the said indenture of lease contained, and which henceforth on the part of the tenant, lessee or assignee, are or ought to be observed and performed, so far only as the same relate to the said premises hereby assigned, and shall and will from time to time and at all times hereafter save, defend, keep harmless and indemnify the said A. B., hist heirs, executors and administrators, and his and their lands and tenements, goods and chattels, from and against the payment of such rent of £6, and the performance of the said covenants, conditions and agreements relating to the said hereby assigned premises, and from and against all and all manner of actions and suit, cause and causes of action and suit, evictions, ejectments, costs, charges, damages, claims and demands whatsoever, for or on account of the same, or in anywise relating thereto; AND HE THE SAID A. B. doth hereby for himself, his heirs, executors, administrators and assigns, spect of pre- covenant with the said C. D., his executors, administiasigned, if de- tors and assigns, THAT IN CASE the said C. D., his executors, by vendor in administrators or assigns, shall at any time or times hereafter pay, bear, sustain or be put unto any sum or sums of motion of rent ney, costs, charges, damages or expenses for or on account of the said yearly rent of £6, covenants and agreements hereinbefore covenanted to be paid, kept, done and performed by the said A. B., his executors, administrators and assigns as aforesaid, or any of them, then and in every such Powers of distress and entry in re mises not as fault is made payment and observance of his propor and cove nants. every ASSIGN MENT OF WHERE APPOR- case, and so often as the same shall happen, it shall be lawful for the said C. D., his executors, administrators and assigns, PART OF into and upon such part of the premises comprised in the said LEASEHOLDS recited indenture of lease as is not comprised in and assigned by these presents, to enter and distrain for all and such sum and sums of money, costs, charges, damages and expenses as he the said C. D., his executors, administrators or assigns, shall so pay, bear, sustain, expend, be at or be put unto, and to dispose of the distress and distresses then and there found according to law, as landlords may for rents reserved upon leases for years, to the intent that thereby and therewith the said C. D., his executors, administrators and assigns, shall and may be fully paid and satisfied all and every such sum and sums of money, costs, charges, damages and expenses as aforesaid: AND ALSO THAT in case and so often as aforesaid it shall be lawful for the said C. D., his executors, administrators and assigns, to enter into and upon, and to hold all or any part of such portion of the premises comprised in the said indenture of lease as aforesaid, and to receive and take the rents, issues and profits thereof for his and their own use, until he or they shall hereby or otherwise be fully paid and satisfied all and every such sum and sums of money, costs, charges, damages and expenses as aforesaid: AND HE THE SAID C. D. doth Powers of hereby for himself, his heirs, executors, administrators and assigns, covenant with the said A. B., his executors, adminis- respect of trators and assigns, THAT IN CASE the said A. B., his heirs, executors, administrators or assigns, shall at any time or times made by purhereafter pay, bear, sustain or be put unto any sum or sums of payment and money, costs, charges, damages or expenses, for or on account his proporor in respect of the said yearly rent of £6, covenants and and coveagreements hereinbefore covenanted to be paid, kept, done and performed by the said C. D., his executors, administrators and assigns as aforesaid, or any of them, then and in every such case, and so often as the same shall happen, it shall be lawful for the said A. B., his executors, administrators and assigns, into and upon the premises hereby assigned, to enter and distrain for all and every such sum and sums of money, costs, charges, damages and expenses as he the said A. B., his executors, administrators or assigns shall so pay, bear, sustain, distress and eutry in preinises assigned, if default is chaser in observance of tion of rent nants. PART OF ASSIGN expend, be at or be put unto, and to dispose of the distress MENT OF and distresses then and there found according to law, as landLEASEHOLDS lords may for rents reserved upon leases for years, to the intent WHERE that thereby and therewith the said A. B., his executors, RENT IS APPOR TIONED. administrators and assigns, shall and may be fully paid and satisfied all and every such sum and sums of money, costs, charges, damages and expenses as he the said A. B., his executors, administrators or assigns shall so pay, bear, sustain, expend, be at or be put unto: AND ALSO THAT IN CASE and so often as aforesaid it shall be lawful for the said A. B., his executors, administrators and assigns, to enter into and upon, and to hold all or any part of the premises hereby assigned, and to receive and take the rents, issues and profits thereof for his and their own use until he or they shall thereby or otherwise be fully paid and satisfied all and every such sum and sums of money, costs, charges, damages and expenses as he the said A. B., his executors, administrators or assigns shall so pay, bear, sustain, expend, be at or be put unto. IN WITNESS, &c. 187 MORTGAGES. mode of freeholds. A MORTGAGE of freeholds was formerly more often Ancient granted so as to vest only a term of years in the mort- mortgaging gagee, and in the majority of instances no power of sale, in the event of default of payment of principal and interest, was introduced into the deed. This not unfrequently afforded the creditor a very inconvenient security, as, in the first place, it conferred on him an estate of less value in many respects than freehold, with no power of acquiring the freehold; and then, in case he eventually became the absolute owner of the term, such term would descend to a class of representatives altogether different from those who would in the general way inherit his real estate; and, in the next place, it placed the mortgagee in the ignominious position of being obliged to resort to a Court of law under the covenant, or to a Court of equity, for a foreclosure or sale, in order to obtain satisfaction of his debt in case of default. of mortgage. The above and other reasons have led to the Present form general disuse of mortgages for terms of years, and |