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pay, sustain, or be put unto by reason or means or in consequence of any such entry or entries, distress or distresses, or voluntary payment to avoid such entry or entries, distress or distresses; And that when and so often as any such entry or distress shall be so made by the said C. D., his heirs or assigns, or by the said E. F. and G. H., their heirs or assigns, or other the person or persons so seised or entitled as aforesaid, it shall and may be lawful to and for them or him so making the same, to take, drive, carry away, and impound, and in pound to detain and keep the said distress and distresses, and to sell and dispose of the same, or otherwise to demean therein according to law, and in like manner as in distresses taken for rents reserved upon common demises or leases for years; To the end and intent, and so that all and
person or persons who now are or hereafter shall or may be entitled to any estate or interest in all or any of the said messuages and other hereditaments intended to be hereby discharged from, or indemnified and protected against the said annuity or yearly sum of £
, may by the ways and means hereinbefore mentioned be fully discharged from, or protected and indemnified against the same, and be fully reprised and reimbursed, satisfied and paid, all sums of money, costs, charges, and expenses, which they or he shall so pay or sustain, or be put unto as aforesaid; And as to the said messuages &c. hereinbefore mentioned, and intended to be hereby charged with the said annuity or yearly payment of £by way of indemnity or protection as hereinbefore is named, it is hereby agreed, that subject and charged as hereinbefore is mentioned, the same shall be and remain To the use of the said A. B., his heirs and assigns, for ever.
When lands XII. And it is hereby directed, declared, and agreed, by conveyed are to and between the parties to these presents, as far as they be subject to an annuity in com- respectively are interested, that the appointment, and also mon with other the release hereinbefore contained, shall severally operate lands charged therewith. and enure to the use, intent, and purpose, that the same
messuage, lands, &c. may together and rateably, or in common with the other messuages," lands, &c. already charged or chargeable with the said annuity or yearly rent charge of £-, be charged or chargeable with the same annuity or yearly rent-charge during the continuance thereof; And to this further use, intent, and purpose, that &c. (Vide tit. Uses).
uses as mort
XIII. Unto the said A. B. and his heirs; Nevertheless To the use of to the uses, upon the trusts, and for the ends, intents, and mortgagee for
term of years, purposes hereinafter declared and expressed concerning the and, subject
thereto, to such same; (that is to say,) to the use of the said C. D., his executors, administrators, and assigns, from the day next before gagor shall ap
point. the day of the date of these presents, for and during the full term or time of 1000 years thence next ensuing, and fully to be complete and ended, without impeachment of or for any manner of waste; subject nevertheless to the proviso or agreement for redemption hereinafter contained; And from and after the expiration or other sooner determination of the said term of 1000 years, and also in the meantime subject thereto, To the use of such person or persons, for such estate or estates, &c. (Vide Art. IV.)
XIV. To the use of the said A. B., his heirs and assigns When a wife
joins in a mortfor ever, and so that the said C. B.
gage for years, so that the said term of 500 years may not be used to prevent or bar her remedy for dower at law or in equity other husband. than and except as a security for the said sum of £, and the interest for that sum (a).
and the fee is limited to the
(a) The above was the usual Form when a wife joined in a fine for releasing her title to dower, quoad the mortgage; and it is equally applicable to the case of one who, having married on or before the 1st of January, 1834, (vide stat. 3 & 4 W.4, c. 105, s. 14), joins in a deed of disposition under the enabling clause of the 3 & 4 W.4, c. 74, s. 77. By that statute it is enacted, that " after the 31st December, 1833, it shall be lawful for every married woman, in every case except that of being tenant in tail, for which provision is already made by this act, by deed to dispose of lands of any tenure, and money subject to be invested in the purchase of lands, and also to dispose of, release, surrender, or extinguish any estate which she alone, or she and her husband in her right may have in any lands of any tenure, or in any such money as aforesaid, and also to release or extinguish any power which may be vested in or limited or reserved to her in regard to any lands of any
To one in fee discharged from dower,
XV. Unto and to the use of the said A. B., his heirs and assigns for ever, discharged of and from all dower, right and title of dower, or other estates and interests (if any) of the said C. D. therein.
When purchase- XVI. And discharged as against the said A. B., his exemoney is applied in part cutors, administrators, and assigns, of and from all right satisfaction ofa and remedy or power of the said C. D., his executors, admior is applied nistrators, or assigns, either by himself or themselves, or by contrary to the priority with
his or their trustee or trustees, to enforce from the said A. B., his executors, administrators, or assigns, or the lands and hereditaments hereby assured, the payment of all or any part of the sum of £ the residue of the said sum of £, and the interest due and to become due for or in respect of that sum; but it is hereby expressly declared by and between all the parties to these presents, that nothing herein contained shall be construed to affect or prejudice the right of the said C. D., his executors, administrators, or assigns, to be or to be considered a creditor or creditors for £-, the residue of the said sum of £ or to have the same sum of £ a contingent and subsisting charge on the said term of years
in the residue of the said messuage &c. comprised in the said term of years, and not sold to the said A. B., any thing hereinbefore contained to the contrary thereof notwithstanding.
tenure, or any such money as aforesaid, or in regard to any estate in any lands of any tenure, or in any such money as aforesaid, as fully and effectually as she could do if she were a feme sole; save and except that no such disposition, release, surrender, or extinguishment shall be valid and effectual unless the husband concur in the deed by which the same shall be effected, nor unless the deed be acknowledged by her as hereinafter directed : provided always, that this act shall not extend to lands held by copy of court-roll, of or to which a married woman, or she and her husband in her right, may be seised and entitled for an estate at law, in any case in which any of the objects to be effected by this clause could before the passing of this act have been effected by her, in concurrence with her husband, by surrender into the hands of the lord of the manor of which the lands may be parcel.”
If it be intended absolutely to extinguish the title to dower, an express declaration of such intention ought to be inserted in the deed; otherwise a question might arise whether the dower was absolutely or partially extinguished.
XVII. To such uses, upon such trusts, and for such By way of reends, intents, and purposes as by the said hereinbefore in
uses of a deed part recited indenture of release are limited, expressed, and recited. declared of and concerning the said manors &c., after and subject to the estate thereby limited to the use of the said A. B. for his life, or such and so many &c.
XVIII. To the uses, upon the trusts, and for the ends, By reference to
the uses of a will, intents, and purposes, and subject to the annuities, legacies,
as if testator and charges to which the same would now be subject, under had been seised or by virtue or means of the said hereinbefore in part recited thereof, for conlast will and testament of the said A. B., deceased, in case firming the the said A. B., deceased, had been seised thereof at the date and publication of his said hereinbefore in part recited last will and testament, and for the purposes of giving full and legal effect to the same last will and testament.
a will, or which
XIX. To the use of the said A. B., and the heirs male By reference of his body lawfully issuing, and for want of such issue, of other lands in
to uses declared Then to the use of such person or persons as under and by
should be crevirtue or means of the said hereinbefore in part recited will ated by exercise of the said C. D., and the power of appointment thereby of power of aplimited to the said C. D., and the exercise of the said power tained in that by the said C. D., would after the death of the said A. B., and failure of his issue male, have been entitled to the said messuage &c. purchased by or vested in the said Mayor and Commonalty and citizens of London as aforesaid, in case the same messuage, &c. had not been purchased by or vested in the said Mayor and Commonalty and citizens, and for such and the same, or the like estates, charges, and interests, and under and subject to such and the same or the like powers as he, she, and they respectively would have been entitled to the same, or as near thereto as the deaths of parties, the change of interests, and other intervening circumstances will admit, and to no other use, and for no other end, intent, or purpose whatsoever.
XX. To such uses, upon and for such trusts, intents, and By reference in purposes, and with, under, and subject to such powers, pro- trustees of a visoes, agreements, and declarations, as the same would have will.
stood limited, settled, and assured, under or by virtue or means of the said recited will and testament of the said A. B., the testator, and codicil thereto, and appointment made by the said C. D., in pursuance and part exercise of her said power, if the said A. B., the testator, had been legally seised of the same parts or shares, for an estate in fee simple, at the date of his said hereinbefore recited will and codicil thereto, and each of them respectively, or to, upon, and for, and with, under, and subject to such and so
of the same uses, trusts, intents and purposes, powers, provisoes, agreements, and declarations, as are now subsisting undetermined or capable of taking effect.
As estates would XXI. Nevertheless, to the same or the like uses, upon have stood legally limited, in
the same or the like trusts, and for the same or the like ends, case allotments intents, and purposes, and under and subject to the same or at the execution the like powers, provisoes, limitations, declarations, and agreeof certain inden- ments, as the said allotments, lands, and premises would have tures, and for establishing stood legally limited, settled, and assured, at the time of the subsequent con
execution of these presents, in case the same allotments, veyances.
lands, and premises had been legally vested in the said A. B. at the date and execution of the said hereinbefore in part recited indenture, bearing date &c., and had been thereby bargained, sold, or reconveyed, unto and to the use of the said C. D., his heirs and assigns, and so as to give effect to and establish and confirm all subsequent conveyances and assurances thereof, if any, made by the said C. D., and to no other use, and to no other trust, nor for any other end, intent, or purpose whatsoever.
As estates would XXII. To the uses, and for the ends, intents, and purhave stood, if conveyed to tes- poses hereinafter limited, expressed, mentioned, declared, or tator at the date referred to, of or concerning the same; that is to say, To of his will.
the use of such person and persons, and for such estate and estates, and to and for such ends, intents, and purposes, and with, under, and subject to such charges, payments, powers, provisoes, conditions, restrictions, limitations, and conditions, as under and by virtue of the said hereinbefore recited last will and testament of the said A. B., the testator, and the devises, bequests, limitations, and directions therein ex