Tolls.

Proviso for redemption.

MORTGAGES cutors, administrators, and assigns, to and for his and their own use, for and during the said term of years hence next ensuing; PROVIDED ALWAYS, and these presents are upon this express condition, that if the said (trustees), or their successors, or the treasurer or receiver of the said tolls and duties for the time being, do and shall well and truly pay or cause to be paid unto the said (mortgagee) his executors, administrators, and assigns, the full and just sum of £ of such

Entry on default.

lawful and current money as is hereinbefore mentioned, in the manner following, (that is to say) the sum of £ being one half year's interest

of or upon the said sum of £

day of

sum of £

£

on the

now next ensuing, and the further being the said principal sum of

and one other half year's interest thereof,

day of

which will be in the any

upon the
year of our Lord
without
>
deduction
or abatement whatsoever; then the assignment
or assurance hereby made, and every clause, mat-
ter, and thing herein contained (save only this
present proviso) shall cease, determine, and be
void; AND it is hereby declared and agreed, that
in case default shall be made in payment of the
said sum of £
or of the interest thereof,
or of any part of the same, contrary to the true
intent and meaning of the proviso or condition
hereinbefore contained, it shall be lawful for the
said (mortgagee) his executors, administrators, and
assigns, to enter into and upon the receipt of the

tolls, duties, and monies being made or intended MORTGAGES as a security thereof, to and for his and their own

fault.

Tolls.

use and benefit (1); PROVIDED ALSO, and it is Trustees to hereby declared and agreed, that until default enjoy till deshall be made in payment of the said sum of £ or some part thereof, or of the interest thereof, contrary to the aforesaid proviso, it shall be lawful for the said (trustees) and their successors, their treasurer, receiver, or agents of the said tolls and duties for the time being, to receive, take, and retain the tolls, duties, and monies hereby assigned or otherwise assured, or intended so to be, and pay and apply the same to and for the uses, intents, and purposes in and by the said recited act directed or expressed concerning the same. IN WITNESS, &c.

(1) An ejectment will lie for tolls mortgaged, if the principal Ejectment or interest be unpaid; see Doe v. Booth, 2 Bos. and Pull, 219.

It was the Author's intention to have introduced some further Precedents of Mortgages, and he had prepared for that purpose, amongst others,

No. LII. -Mortgage of a Legacy or a Portion.
LIII. Of a Patent.
LIV.-Öf a Debt.

But the volume having swollen to so large a bulk, and the im-
patience expressed by the Profession at the delay which has
already taken place in the publication, have induced him to omit
them for the present. They may, however, be easily framed by
reference to the Purchase Deeds of the same species of property,

as,

LII.-Mortgage of a Legacy.

Mortgagor, first Part; Mortgagee, second Part.

Recite will or settlement by which the legacy is given, or the portion is directed to be raised, as in Vol. III. No. CIII. p. 488, CV. p. 502.

Agreement for loan.

MORTGAGES

Assignment of the legacy or portion, as in the respective precedents referred to above.

Power of attorney to receive, &c. as in Vol. III. p. 491, or ante, p. 886.

Subject to proviso for redemption, on payment of the money
at the time appointed, in the usual form, see ante, p. 71.
Power of sale on default, (if so agreed) as ante, p. 771.
Or trust for sale, as ante, p. 876.

Covenant to repay the money, as ante, p. 751.

Covenants for title, &c. as in Vol. III. p. 493, omitting the qualifying words of " for and notwithstanding," &c. as ante, P. 891.

LIII. Mortgage of a Patent.

Parties as above.

Recite patent, as in Vol. III. No. XCIX. p. 457.
Agreement for loan.

Assignment of the patent, as in Vol. III. p. 459.

Subject to redemption on repayment; see reference above.
Power or trust for sale on default; see ante, pp. 771. 876.
Covenant to pay the money, as ante, p. 751.

Covenant for title, &c. as in Vol. III. p. 459, omitting as above.

Quiet enjoyment by mortgagee after default, &c. as ante, p. 891.

Recite the security for the debt, as in Vol. III. p. 516; and see references there, n. (1), also Sup. i. 179. 187.197.

Agreement for loan.

Assignment of the debt, as ante, Vol. III. p. 517.

Subject to redemption, as ante, p. 71.

Power of attorney to receive, as in Vol. III. p. 519, or ante, p. 886.

Power of sale on default, see ante, p. 771; or trust for like purpose, see ante, p. 876.

Covenant to pay the money, as ante, p. 751.

Covenants for title, &c. as ante, Vol. III. p. 512, omitting the qualifying words, as ante, p. 891.

And in like manner may all the other conveyances of different species of property to purchasers be converted into mortgages, by reciting the loan; conveying or assigning the property, as in the purchase deed; adding proviso for redemption; power or trust for sale on default (if so agreed); and the usual mortgage covenants.

END OF VOL. V.

LONDON: PRINTED BY THOMAS DAVISON, WHITEFRIA RS.

ΤΟ

MODERN PRECEDENTS

IN

CONVEYANCING.

BY CHARLES BARTON,

OF THE INNER TEMPLE, ESQ. BARRISTER AT LAW, AUTHOR OF THE
ELEMENTS OF CONVEYANCING.

Third Edition.

N. B. The references in the following Index to Sup. i. and ii. import the
Supplement to Miscellaneous or Minor Precedents in common use, by S. F. T.
WILDE, Esq. To which an APPENDIX is now preparing, and shortly will
be published, of MERCANTILE and COMMERCIAL Precedents, and also of
PARLIAMENTARY BILLS, and PETITIONS for PAROCHIAL and other the
most usual occasions. By CHARLES BARTON, Jun. of Lincoln's Inn, Esq.

LONDON:

PRINTED FOR CHARLES HUNTER, LAW BOOKSELLER,
BELL-YARD, LINCOLN'S-INN.

LONDON:

PRINTED BY THOMAS DAVISON, WHITEFRIARS,