That the sums of money securexchange, ed by bills of shall not be a lien on the premises part of the consideration was in bills of exchange). in trust for the said C. D., his heirs, executors, administrators, and assigns for ever; which joint tenancy and sole power of appointment are respectively created to avoid the inconvenience which might arise from the possibility of the death of either of them the said A. B. and C. D., prior to the execution of these presents, by the grantors respectively therein named (a). IV. And it is hereby directed and declared by and between the several persons parties to these presents, as far as they respectively are interested, that the plantations [negroes, slaves], hereditaments, stock of cattle, and implements, and sold. (Where other property respectively hereby released and assigned, or otherwise assured, or intended so to be, or any of them, shall not at any time after the execution of these presents, either by way of equitable lien, or in any other manner, or by any other means, be charged or chargeable with, or liable to the payment of all or any part of the said sums of £- £ and £, although the same sums respectively should not be duly paid according to the purport, true intent, and meaning of the said bills of exchange given for the payment of the same sums respectively (6). That the lands V. And (c) the said A. B. doth hereby declare and direct shall forthwith that immediately after the execution of these presents, all the estate, right, title, and interest of him the said A. B. in the said messuages &c., and also the rents, income, and produce of the same, in the meantime, till the same shall be sold under the trusts hereinbefore contained, shall be con be considered as (a) The grantors, being in England, might, at the time of executing the deed, be ignorant of the death of one of the joint grantees, in which case, if the land had been conveyed to them as tenants in common, the grant would have been void for a moiety. (b) Vide Vol. I. book ii. chap. iii., and Vol. II. part i. tit. i. art xi. note. (c) Or, "For the purpose of securing and establishing the right of the executors, administrators, and assigns of the said A. B. to such purchase-money." sidered as or in the nature of personal property, for the benefit of him the said A. B., his executors, administrators, and assigns; and that as between the heirs of the said A. B. and his executors and administrators, the executors or administrators of him the said A. B. shall be entitled to the said trust monies, rents, income, and produce, in preference to and in exclusion of the heirs at law of the said A. B., although such sale or sales shall be made after the decease of the said A. B. VI. And it is hereby understood and agreed, that in the Another form. meantime and until such payment shall be made, and also after the death of the said A. B., in case such sale or sales shall not be made in his lifetime, all the right &c. of the said A. B. in the said messuages &c. shall be considered as or in the nature of personal property, for the benefit of the said A. B., his executors, administrators, and assigns, in preference to and in exclusion of his heirs. of mortgage. VII. Provided always, and it is hereby agreed and de- For redemption clared between and by the said A. B. and the said C. D., and the true intent and meaning of them and of these presents nevertheless is, that if the said C. D., his heirs, executors, administrators, or assigns (a), shall (b) well and truly pay or cause to be paid unto the said A. B., his executors, administrators, and assigns, the sum of £ of lawfu (a) Or, "the said E. F., his heirs, executors, administrators, or as- "do and shall also reimburse and pay to the said A. B. and For redemption where loan consists of stock (a). day of then money of Great Britain, and the sum of £ of like law- VIII. Provided always, and it is hereby agreed and declared between and by the said A. B. and the said C. D., (a) It was at one time doubted whether a loan of stock was prohibited by the stat. 7 Geo. 2, c. 8, s. 8. This point arose in Sanders v. Kentish, 8 Term Rep. 162; but the Court held a loan of this kind to be within the saving of the 11th section. On this occasion Lord Kenyon observed, that if the statute were construed differently, then, instead of being intitled "An Act to prevent the infamous Practice of Stock-jobbing," it ought rather to be called, " An Act to encourage the wickedness of stock-jobbers, and to give them the exclusive privilege of cheating the rest of mankind." A loan of stock being lawful, the parties may agree and the true intent and meaning of them and of these presents nevertheless is, that if the said C. D., his heirs, executors, administrators, or assigns shall, on the day of next ensuing the day of the date of these presents which will be in the year of our Lord 18, transfer or cause to be transferred the sum of £- Bank Annuities into the name or names of the said A. B., his executors, administrators, and assigns, or into the name or names of such other person or persons as he or they shall in that behalf order or direct, in the books of the governor and company of the Bank of England; and also do and shall in the meantime, and until the said sum of £ Bank Annuities shall be so transferred as aforesaid, well and truly pay or cause to be paid unto the said A. B., his executors, administrators, and assigns, in lieu of the interest, dividends, and annual produce thereof, such sum or sums of money as the said C. D., his executors, administrators, or assigns, would have been entitled to receive as and for the interest, dividends, and annual produce of the said sum of £- Bank Annuities, in case the same had continued standing in his or their name or names, for his and their proper use and benefit, at such time or times, and in such shares and proportions as the same interest, dividends, and annual produce would have been payable, without any deduction or abatement whatsoever out of the same or any part thereof, for or on account of any present or future taxes, charges, rates, assessments, payments, or impositions, or any other matter, cause, or thing whatsoever; then and in such case, from and immediately after such transfer and payment shall be so made as aforesaid, he the said A. B., his heirs, executors, administrators, or assigns, shall and will, upon the request and at the proper costs and charges of the said C. D., his heirs or assigns, re-convey the said messuage, lands, and other hereditaments herein before granted and released, or expressed and intended so to be, with their appurtenances, unto the said C. D., his heirs and that a sum of money, equal to the dividends, shall be paid in the meantime, although the dividends shall exceed five per cent. on the money produced by the sale of the stock; for the lender takes the hazard of any fluctuation in the price of the market. Coote on Mortgages, p. 356. For redemption of mortgage of freehold and copy hold. [From MS. collection of John Coles, Esq.] For redemption advances by way of dis count, &c. [From MS. collection of John Coles, assigns, as he or they shall in that behalf order and direct, free from all incumbrances made, done, or committed by the said A. B., his heirs, executors, administrators, and assigns, or any of them. day of IX. Provided always, and it is hereby declared and agreed by and between the said A. B. and C. D., that if the said A. B., his heirs, executors, administrators, or assigns shall, on the next, well and truly pay or cause to be paid unto the said C. D., his executors, administrators, or assigns, the said sum of £ of lawful English money, with lawful interest for the same, clear of all deductions on any account whatsoever, then the said term of five hundred years in the said freehold lands and hereditaments shall be assigned to such person or persons as the said A. B., his heirs or assigns, shall appoint; and as to the said copyhold lands and hereditaments, in case the same shall have been surrendered in the mean time, then and in such case the same shall be held by the said C. D., his heirs and assigns, in trust for the said A. B., his heirs and assigns, and to be surrendered as he or they shall direct or appoint. X. Provided always, and it is hereby agreed and declared on payment of between and by the parties to these presents, that if the said A.B., his heirs, executors, administrators, or assigns, shall and do well and truly pay or cause to be paid unto the said C. D., his executors, administrators, or assigns, [at or in the common dining hall of Lincoln's Inn in the county of Middlesex,] the full sum of £ of lawful English money, together same at the rate of £5 for every £100 next ensuing the day Esq.] day of with interest for the |