MORTGAGES

Copyholds.

II.-Memorandum of a Surrender taken in Court

to be engrossed on the Court Rolls (1).

in the year of our Lord

, came (the mortgagor) of, &c. (2) one of the copyhold or customary tenants of the said manor in his proper person (3), and for and in consideration of the sum of £ of lawful.current money of England to him lent and advanced by the said (mortgagee) by way of loan and at interest upon the messuages, lands, and hereditaments hereinafter described, surrendered into the hands of the lord by the rod, (or as the custom of the manor may be) by the personal acceptance of the said lord (or by the acceptance of steward of the said

Notes.

Attorney.

(1) See notes, &c. to surrender, Vol. I. p. 251.

(2) The person surrendering a copyhold must be he who has the legal estate in the land.

(3) If the surrender be made by attorney, say,

"By A. B. his attorney, duly appointed by a certain deed poll under the hand and seal of the said (mortgagor) bearing date, &c. which was produced and read."

Copyholds.

manor) (1) according to the custom of the said MORTGAGES manor, ALL that copyhold messuage, &c. and of which he the said (mortgagor) at the time of the making the said surrender, was seised in fee at the will of the lord, according to the custom of the said manor, with all and singular the appurtenances to the same belonging. AND all the estate, right, title, interest, use, trust, benefit, claim, and demand whatsoever of him the said (mortgagor) in, to, or out of the same premises, or any part thereof, to and for the use and behoof of the said (mortgagee) his heirs and assigns for ever, to be holden at the will of the lord, according to the custom of the said manor, subject nevertheless to such proviso, condition, or agreement for redemption of the said hereditaments and premises as hereinafter is contained, that is to say, PROVIDED ALWAYS nevertheless, &c. (as in the preceding proviso) (2), then the said surrender shall

(1) If the surrender were taken out of court, say, "By the said

and (two copyholders) accord

ing to the custom of the said manor."

(2) See ante, p. 283. The proviso for redemption should always be inserted in the surrender, and not solely, as it sometimes is, in a separate deed.

Surrender out of court.

Proviso for redemption.

If freehold or leasehold lands be at the same time con- Freeholds and

mentioned in and intended to be further secured by certain

indentures of lease and release (or as the case may be) bearing date, &c. and made between," &c.

VOL. V.

X

Copyholds.

MORTGAGES be void and of no effect, but in default thereof the same shall be and remain to the use of the said (mortgagee) his heirs and assigns for ever, [free from all equity and right of redemption whatsoever.]

Taken, &c. (1).

Surrender out of court.

(1) If the surrender were taken out of court, say,
"Before

and

two other copyhold

or customary tenants of the said manor, at the house of

called or known by the sign of the

(1) of Parties.

&c. and] in the year of our Lord

BETWEEN (the mortgagor) of, &c.

the one part, and (the mortgagee) of, &c. of

the other part. WHEREAS [by indentures of lease Recital of title. and release, bearing date respectively on or about

the

in the year

and

days of

which was

the release being of

parts, and made or expressed to be made between A. B. therein mentioned to be of, &c. and by a certain surrender made on or about the

day of

which was in the year

in

pursuance of a covenant for that purpose con

(c)

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

(1) If the wife of the mortgagor have a title to dower in re- Wife. spect of the freehold lands, make her a party, as post, No. XXI. but no fine will be necessary, she being previously examined by steward.

Freeholds and
Copyholds.

Recital of contract for the loan.

MORTGAGES tained in the said indenture of release, the several freehold and copyhold messuages, lands, and hereditaments hereinafter described and intended to be hereby granted, released, and covenanted to be surrendered respectively (1), were, for valuable considerations therein mentioned, conveyed and assured unto and to the use of the said (mortgagor) his heirs and assigns for ever. AND WHEREAS] the said (mortgagor) having occasion for the sum of £ hath agreed with the said (mortgagee) for the loan to him thereof (2) at interest, to be secured by the bond of the said (mortgagor) and such conveyance by way of mortgage of the several freehold and copyhold lands and hereditaments hereinafter described as hereinafter is mentioned. AND WHEREAS the said (mortgagor) in part performance, on his part, of the said agreement, hath executed a bond or obligation in writing, of even date herewith, conditioned to be void on payment of the same sum and interest, at the time and in the manner hereinafter mentioned (3).

Surrender previously made.

Loan of stock.

Apportionment.

(1) If the surrender be made at or previously to the time of advancing the money, see ante, p. 276, n. (2).

(2) If the loan be of money in the funds, see ante, No. IV. n. (2) and (4).

(3) Where copyhold premises are mortgaged together with freeholds, it should seem that the consideration money need not be apportioned, as in the case of purchases; see Vol. I. No. XX. p. 261, n. (3). It being declared by the 55 Geo. III. cap. 148. that "where any copyhold or customary lands or hereditaments shall be mortgaged or charged together with other pro