MORTGAGES and thereby demand of the said (tenant to the Tenant in Tail, præcipe) the several messuages, lands, tenements, and hereditaments hereinbefore granted and released, or otherwise assured, or intended so to be, with their and every of their rights, members, appendances, and appurtenances, [by the name and description of two messuages, five acres of land, &c. as in the writ of entry or] by such [other] apt, good, sufficient, and proper names, number of messuages and acres, quantities, qualities, and other descriptions as shall be necessary or proper to comprise the same (1). AND the said (tenant London or Norwich. Copyhold or ancient demese. Wales. If in the city of London, Norwich, or other place having jurisdiction to suffer common recoveries, say, "One or more writ or writs of droit patent, directed to the mayor and sheriffs of the city of London (or other place), in the court of hustings or other court holden concerning pleas of land, in the guildhall of the said city, according to the custom of the said city, and the course of common recoveries there, to be prosecuted against the said (mortgagor) and whereby the said (mortgagee) shall, according to the custom of the said city, demand of the said (vendor) ALL," &c. If the lands be copyhold or ancient demesne, say, "One or more writ or writs of droit close directed to the steward of the said manor (or hundred), and to be duly returned and make protestation to prosecute the same writ in the nature of a writ of entry sur disseisin, &c. and thereby demand," &c. as in the text. (1) If lands lie in Wales, add, "And shall make protestation to pursue the said writ or writs, as and in the nature of a writ or writs sur disscisin en le post, according to the statute in that behalf provided." Tenant in Tail. to the præcipe) shall, in his own person, or by his MORTGAGES attorney or attornies, lawfully authorised in that behalf, appear to the same writ or writs, and vouch to warranty the said (mortgagor) (1), and the said (mortgagor) (2) shall, in his own person, or by his attorney or attornies, lawfully authorised in that behalf, appear gratis, and freely enter into the warranty of the said (tenant to the præcipe) and take the same upon himself, and vouch over to warranty the common vouchee, for the time being, of the said court of Common Pleas (3), who shall appear gratis, and freely enter into the warranty of the said (mortgagor) (4), and after imparlance, make default, so that judgment may be given upon the said writ or writs for the said. (mortgagee) to recover all and singular the said messuages, lands, tenements, and hereditaments, [hereby granted and released, or otherwise assured, or intended so to be, and every part and parcel of the same, with their and every of their rights, members, appendances, and appurtenances], (3) Or if in Wales or a county palatine, "The said court of great session," or "court of the said county." If copyhold or ancient demesne, "The said court of the lord of the said manor, or the said court of ancient demesne." (4) Or, "And VOL. V. his wife." N Wife. Wales. Copyholds, Tenant in Tail. 7 MORTGAGES against the said (tenant to the præcipe) and for the said (tenant to the præcipe) to recover in value against the said (mortgagor) (1), and for the said (mortgagor) (2), to recover in value against the said common vouchee, as is usual in like cases; and that execution may be sued out and prosecuted upon the said recovery or recoveries by the said (mortgagee) and seisin had, taken, and delivered unto him and his heirs accordingly; and also that every other act and thing needful or proper to be done, for the purpose of suffering and perfecting a common recovery or common recoveries with double voucher, in order to bar and destroy the estate tail of the said (mortgagor) (3) of and in the same [messuages, lands, tenements, and] hereditaments, and all remainders and reversions over and expectant upon the said estate, and all conditions, and collateral and other limitations affecting the same, shall and may be forthwith made, done, and executed (4); Wife. (1) Or, “And the said (2) Or," And the said his wife." his wife." Dower. Part copyholds. (3) If the wife of the vendor be entitled to dower out of the land, and one of the purposes of the recovery is to bar such title, add, "And also to bar and extinguish all right and title to dower of the said his wife, of, in, or out of the same messuages," &c. (4) When part of the premises are copyhold, add here, “AND THIS INDENTURE FURTHER WITNESSETH, that in consideration of the premises, he the said (mortgagor) for [And the said parties to these presents do hereby, MORTGAGES for themselves severally and respectively, and for Tenant in Tail. their several and respective heirs, executors, and administrators, (by way of direction and declara himself, his heirs, executors, and administrators, doth hereby render into the hands of the lord or lady, or lords or ladies for the time being of the said manor, according to the custom thereof, all that the said copyhold or customary, &c.; and all the estate, right, title, and interest of him the said (mortgagor) in and to the same, to the use of the said (tenant to præcipe) or other person or persons, as or in the nature of a tenant or tenants to the præcipe, in order that one or more recovery or recoveries may at the expense of the said (mortgagor) be had and perfected of the said copyhold hereditaments and premises, according to the custom of the said manor in which the said (mortgagor) shall be vouched, and vouch over the common vouchee; or to such other use or uses, and in such other manner and form as that by recovery or otherwise, according to custom of the said manor, the estate tail of him the said (mortgagor), and all remainders and reversions expectant thereupon, may be defeated or destroyed, and that the said (mortgagee) his heirs or assigns, may immediately thereupon, or at any time thereafter, be admitted tenant or tenants of or to the said premises, to hold the same to the use of him the said (mortgagee) his heirs and assigns, for ever, according to the custom of the said manor, but subject," &c. as in the text. the uses of the recovery to the mortgagee in fee. MORTGAGES tion, but not by way of covenant) consent, deTenant in Tail. clare, and agree, according to their respective estates, rights, and interests, in the premises, that the recovery hereby agreed to be suffered, shall be suffered and perfected with all due and convenient expedition, and that they respectively and their respective heirs shall and will, from time to time, on their respective parts, use and employ every lawful means and endeavour to give effect to the same recovery or recoveries, and also to Declaration of these presents.] AND it is hereby further directed, declared, and agreed, by and between all the said parties to these presents, so far as they respectively have any right, title, or interest in the premises, and can lawfully direct the uses of the assurances hereinbefore mentioned, that immediately upon and after judgment shall have been obtained, and seisin had and taken upon such recovery or recoveries as aforesaid, the same recovery or recoveries, and also these presents, [and the bargain and sale for a year hereinbefore referred to as bearing date the day next before the day of the date hereof, and all and every other common recovery and common recoveries, and all and every fine and fines, acts, deeds,] and other assurances whatsoever, at any time heretofore, or to be at any time, and from time to time hereafter made, done, levied, suffered, or executed, of or concerning the said messuages, lands, tenements, and hereditaments, or any of them, or any part thereof, [either alone or together with other |