virtue of such leases or agreements for leases as MORTGAGES aforesaid, so far as respects their respective estates

Undivided

or interests under or by virtue of the same,) shall Moiety, &c. and will from time to time, and at any time or times hereafter, upon the reasonable request of the said (mortgagee) his heirs, executors, administrators, or assigns, but at the proper costs and charges in the law of the said (mortgagor) his executors or administrators, make, do, acknowledge, levy, suffer, execute, and perfect, [or cause and procure to be made, done, acknowledged, levied, suffered, executed, and perfected,] with all proper despatch, all and every such further and other lawful and reasonable acts, deeds, conveyances, matters, and things whatsoever, [whether by fine or fines, with or without proclamations, common recovery or recoveries, deed or deeds enrolled or otherwise, feoffment, release, confirmation, declaration, or limitation, of or to any use or uses, or other assurance or assurances, of record or not of record,] for the further, better, and more perfectly or satisfactorily granting, releasing, confirming, and assuring the same moiety and premises, [and the possession, reversion, and inheritance thereof, with the rights, members, and appurtenances thereto belonging,] unto and to and for the use and behoof of the said (mortgagee) his heirs (1) and assigns, (subject only to any right or equity of redemption, if any, which

(1) If the mortgage be by demise, see ante, No. V. p. 148.

Demise.

Undivided

Proviso that the mortgagor

default in

payment.

MORTGAGES he the said (mortgagor) his heirs or assigns, may then have therein,) as he the said (mortgagee) his Moiety, &c. heirs, executors, administrators, or assigns, or his or their counsel in the law, (being of the degree of a barrister) shall advise and require, and the rules of law and equity will permit. PROVIDED may enjoy till always nevertheless, and it is hereby further declared and agreed by and between the said (mortgagor) and (mortgagee) that until default shall be made in payment of the said principal sum of £ or some part thereof, or of the interest thereof, upon the days, at the times, or in the manner hereinbefore appointed for payment of the same respectively, he the said (mortgagor) his heirs and assigns, shall or lawfully may, peaceably and quietly have, hold, occupy, possess, and enjoy all and singular the undivided moiety or half part by these presents granted and released, or otherwise assured or intended so to be, of and in all and every the aforesaid messuages, lands, tenements, hereditaments, and premises, and receive and take the rents, issues, and profits thereof, (save only and except timber and timber like trees in or upon the said lands and premises, or any part thereof,) to and for his and their own proper use and benefit, without any molestation, hindrance, interruption, or disturbance whatsoever, of, from, or by, or any account to be delivered or given to the said (mortgagee) his heirs, executors, administrators, or assigns, or any person or persons whomsoever lawfully or rightfully claiming or possessing any estate, right, title, or interest, either

at law or in equity, in or to the said premises, MORTGAGES from, through, under, or in trust for him, them,

or any or either of them (1). IN WITNESS, &c.

Undivided Moiety, &c.

(1) If it be agreed that the mortgagor shall have the power Power to lease. of granting leases, see No. IV. p. 101, (E).

If the mortgagor be allowed the privilege of felling timber, Timber. see ib. p. 104, (F).

If the mortgage money be to remain upon the security of Money to rethe premises for a given time, see ib. p. 106, (G).

main for a given time.

If a receiver be appointed for the purpose of keeping down Receiver. the interest, see ib. p. 107, (H).

If the title deeds to the entirety of the premises are in pos- Title deeds. session of the mortgagor, and are delivered over by him to the mortgagee, he ought on behalf of his co-tenant to give an express consent to the mortgagee to produce them to him when required, as a mortgagee is not justified in showing the title deeds of his mortgagor without his concurrence; see Lambert v. Rogers, 2 Mer. 189. Such consent may be thus expressed :

"AND WHEREAS, it has been agreed that the title deeds. relating to the entirety of the said premises, the same being in the possession and custody of the said (mortgagor) shall be delivered over to the said (mortgagee). Now he the said (mortgagor) for himself, his heirs, executors, administrators, and assigns, doth hereby consent and agree with and to the said (mortgagee) his heirs, executors, administrators, and assigns, that he and they shall or lawfully may from time to time, and at all or any time or times, when thereunto required by the person or persons, who for the time being shall or may be legally or equitably seised, possessed of, or entitled to the other or remaining moiety or half part, (or as the case may be), or other part or parts of the said premises, produce and show forth, or cause and procure to be produced and shown forth to him, her, or them, or his, her, or their heirs, appointees, or assigns, or any or either of them, or to his, her, their, or any or either of their counsel, attorney, or solicitor."

And

MORTGAGES

Undivided
Moiety, &c.

Powers, &c.

And if any of the deeds are not delivered over to the mortgagee, add a covenant by him for the production of them, as ante, p. 205, n. (1).

For various other covenants to be inserted when required by particular circumstances, see ante, No. IV. p. 87, et seq.

No. XII.

Mortgage in Fee of Copyholds by Surrender,
Covenants, and Declaration of Uses (1).

Variations where the Surrender is made before, and
where at the Time of the Execution of the Deed.
Where the Mortgagor is Tenant in Tail, &c. &c. as in
Margin below.

I-The Deed of Surrender, and Covenants for the
Title, &c.

MORTGAGES

Copyholds.

BETWEEN (the mortgagor) of, &c. of the one part, Parties. and (the mortgagee) of, &c. of the other part. WHEREAS, &c. (recital of title) (2). AND WHEREAS Recitals. the said (mortgagor) having occasion for the sum

of £

hath agreed with the said (mortgagee)

(1) See notes, &c. to Vol. I. No. XVIII. p. 232.

Notes, &c.

* The parts within brackets may be omitted where brevity is Brevity. particularly required.

(2) If the mortgagor be tenant in tail, or for life, or re- Tenant in tail, mainder, or reversion, recite the deed or will under which he &c.

derives his title; see INDEX, voce RECITALS.