COPYHOLD3 BY IN DORSI MENT. of debt, remedies. to trans witnessing execution of these presents [the receipt whereof, &c.], he the OF FREEsaid A. B. doth by these presents assign and set over unto the HOLDS AND said C. D., his executors, administrators and assigns, ALL THAT the said mortgage debt or sum of £1000 secured by the within-written indenture, and all interest henceforth to Assignment accrue and become due in respect of the same, AND THE FULL and benefit of BENEFIT of all covenants and other securities for the same covenants debt or sum, and interest, and the full benefit of all powers and remedies vested in or appertaining to the said A. B. for securing, enforcing payment of, recovering and giving effectual discharges for the same respectively, with power for those purposes, or any of them, to use the name or names of the said A. B., his executors or administrators, AND ALL the right, title, interest, property, claim and demand of him the said A. B. in, to, out of or upon the same premises respectively, To HAVE, Habendum HOLD, RECEIVE AND TAKE the said debt or sum, interest, ferree. securities and premises hereby assigned, or expressed and intended so to be, unto the said C. D., his executors, administrators and assigns, absolutely: AND THIS INDENTURE Second FURTHER WITNESSETH that, in pursuance of the said part. agreement, and for the considerations aforesaid, he the said A. B. by these presents doth grant and convey unto the said Conveyance C. D., his heirs and assigns, ALL AND SINGULAR the farms, ferror of freelands and hereditaments comprised in and conveyed by the within-written indenture, and all and singular the appurtenances thereunto belonging, [And all the estate, &c.]: To HAVE AND TO HOLD the said farms, lands, hereditaments, and To hold to all and singular other the premises hereby granted and con- subject to veyed or otherwise assured, or expressed and intended so to equity of rebe, unto the said C. D., his heirs and assigns, to the use of demption. the said C. D., his heirs and assigns, subject nevertheless to such right or equity of redemption as is now subsisting in the same premises under or by virtue of the within-written indenture: AND THIS INDENTURE LASTLY WIT- Third witnesNESSETH that, in further pursuance of the aforesaid agreement, and for the considerations aforesaid, he the said A. B. Assignment doth by these presents assign and release unto the said C. D., ror of copyhis heirs and assigns, all and singular the copyhold or customary hereditaments and premises in and by the within-written by trans holds. transferree, subsisting sing part. by transfer holds. : OF FREE COPYHOLDS BY IN To hold to transferree, subject to subsisting right of redemption. transferror against incumbrances. indenture described and covenanted to be surrendered, with HOLDS AND their rights, easements and appurtenances, To HAVE AND TO HOLD the said copyhold or customary hereditaments and preDORSEMENT. mises respectively unto the said C. D., his heirs and assigns, according to the custom of the said manor, for all the estate, right and interest of the said A. B. therein and thereto, subject nevertheless to such right of redemption as is now subsisting in the same copyhold or customary hereditaments and premises Covenant by under and by virtue of the within-written indenture: AND THE SAID A. B. doth hereby for himself, his heirs, executors and administrators, covenant and declare with and to the said C. D., his heirs, executors, administrators and assigns, that he the said A. B. hath not at any time or times 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 whatsoever, whereby, or by reason or means whereof, the said mortgage debt or sum, interest and premises hereinbefore assigned, or expressed and intended so to be, or any of them, or any part thereof respectively, are, is, can, shall or may be released, discharged, affected or incumbered in anywise howsoever, or whereby or by reason or means whereof the said freehold and copyhold hereditaments and premises herein before granted, assigned and released or otherwise assured, or expressed and intended so to be, or any of them, or any part thereof respectively, are, is, can, shall or may be impeached, charged, affected or incumbered in title, estate, or otherwise howsoever. IN WITNESS, &c. No. LX. TRANSFER of a MORTGAGE of LEASEHOLDS, where a oF LEASE- HOLDS WHERE FURTHER BETWEEN SUM IS ADVANCED. Parties. and mort said that mort gage debt is for transfer. A. B., of &c. [transferror], of the first part, C. D., of &c. [mortgagor], of the second part, and E. F., of &c. [transferree], of the third part. [Recite lease, and mortgage of leaseholds to Recite lease secure £500 and interest]. AND WHEREAS the said sum of gage; £500 is still due and owing on the security of the herein before recited indenture, but all interest on the same due. has been paid up to the day of the date of these presents: AND Agreement WHEREAS the said E. F. hath agreed, at the request of the said C. D., to pay to the said A. B. the sum of £500 on having a transfer of the said mortgage debt, and the interest thereof, and the securities for the same, in manner hereinafter mentioned: AND WHEREAS the said C. D., having occasion for the further Agreement sum of £200, hath requested the said E. F. to lend him the advance to same, which the said E. F. hath agreed to do, on having the for further mortgagor. (a) The stamp on the simple transfer of a mortgage, where no Stamps on further sum is advanced, is the same as on a mortgage for the total transfers of amount of the money already secured, if it does not exceed £1400. If mortgages. it does exceed that sum, the transfer stamp is £1. 15s. If on the transfer a further sum is advanced, then the transfer must be stamped with the same duty as on a mortgage for such further sum. Before the new Stamp Act, if an additional security was granted to the mortgagee by giving him a charge on further property, or a more extended interest in the property originally mortgaged, or by the representatives of the mortgagor entering into a further covenant for the payment of the principal money and interest, &c., the transfer was obliged to be stamped with a deed stamp as well as an ad valorem on the further advance, (see Lant v. Peace, 8 Ad. & El. 248; Brown v. Pegg, 6 Ad. & El. (N. s.) 1, and Doe d. Crawley v. Gutteridge, 17 L. J. R. (N. s.) Q. B. 99); but the recent Stamp Act has provided that no deed of transfer shall be chargeable with any further or other duty, by reason of its containing any further or additional security, or any new covenant, &c., or other matter in relation to the money or stock secured, or the interest or dividends thereon. X HOLDS WHERE SUM IS ADVANCED. Witnessing part. Considera tion. OF LEASE repayment thereof, together with interest for the same after the rate hereinafter mentioned, secured in manner hereinFURTHER after mentioned. NOW THIS INDENTURE WITNESSETH, that in pursuance of the aforesaid agreement in this behalf, and in consideration of the sum of £500 to the said A. B. paid by the said E. F., on or immediately before the sealing and delivery of these presents, at the request and by the direction of the said C. D. (testified by his being a party to and executing these presents), the receipt of which said sum of £500 he the said A. B. &c., and also in consideration of the sum of £200 to the said C. D. at the same time paid by the said E. F., the payment and receipt of which said sums of £500 and £200 in manner aforesaid, he the said C. D. doth hereby admit and acknowledge, and of and from the same, and every part thereof respectively, doth acquit, release and discharge the said E. F., his heirs, executors, administrators and assigns for ever by these presents; he the said A. B. by these presents Assignment doth assign, &c. [assignment of mortgage debt of £500 and interest, and the securities for the same, supra, p. 303]. AND THIS INDENTURE ALSO WITNESSETH, that in nessing part. further pursuance of the aforesaid agreement in this behalf, and for the considerations aforesaid, he the said A. B., at the request and by the direction of the said C. D. (testified Assignment as aforesaid), doth by these presents assign and set over, of leaseholds. and the said C. D. by these presents doth assign, set over and confirm, unto the said E. F., his executors, administrators and assigns, ALL AND SINGULAR the messuage or tenement, hereditaments and premises comprised in and assigned by the said recited indenture of the said of debt, inte rest, and securities. Second wit transferree day of as hereinbefore mentioned, and their respective appurtenances, AND ALL To hold to the estate, &c. TO HAVE AND TO HOLD the said messuage or for residue of tenement, hereditaments and premises hereby assigned or term. expressed, and intended so to be, unto the said E. F., his executors, administrators and assigns, for all the residue now to come and unexpired of the said term of years granted by the said recited indenture of the —, freed from the proviso for redemption in the said recited indenture contained, but subject to the proviso for redemption hereinafter Proviso for contained: PROVIDED ALWAYS, and it is hereby agreed and day of HOLDS WHERE SUM IS ADVANCED. redemption, declared between and by the said C. D. and the said E. F., oF LEASEand the true intent and meaning of them and these presents nevertheless is, that if the said C. D., his heirs, executors, FURTHER administrators or assigns, shall on the well day of and truly pay or cause to be paid to the said E. F., his executors, administrators or assigns, the said several sums of £500 and &c. £200, making together the sum of £700, with interest for the same after the rate of £5 for £100 by the year, on the day of next ensuing the date of these presents, without any deduction or abatement whatsoever out of the said sum of £700, or the interest thereof, for or in respect of any present or future taxes, charges, assessments or impositions whatsoever (except the property or income tax), then and in such case he the said E. F., his executors, administrators or assigns, shall and will at any time after such payment shall be so made as aforesaid, upon the request and at the costs and charges of the said C. D., his heirs, executors, administrators or assigns, reassign the said messuage or tenement, hereditaments and premises hereby assured, or expressed and intended so to be, with their appurtenances, unto the said C. D., his executors, administrators 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 E. F., his executors, administrators or assigns, so that for the doing thereof he, they, or any of them be not compellable to go from the place or places where he or they shall then dwell or be. [Covenant by C. D. for payment of the principal sum of £700 and interest, supra, p. 199. Covenants by A. B. with E. F., that he had done no act to incumber, supra, p. 304. Covenants by C. D. with E. F., that the lease is good, that rent and covenants have been paid and performed; for right to assign; for quiet enjoyment after default, and for further assurance. Covenant by mortgagor to pay rent and perform covenants. Proviso for quiet enjoyment until default. Power of sale in case of default. Declaration as to monies arising from sale. Power of sale not to deprive mortgagee of right to foreclose, see supra]. |