That if mort

before the time limited for call

gagor shall die

ing in mortgage money, the mortgagees may

XXIV. Provided always, and it is hereby further agreed and declared between and by the said A. B. party hereto, and the said C. D. and E. F., that if the said A. B. party hereto shall depart this life at any time before the said day of 18-, then and in such case it shall be lawful for the said C. D. and E. F., their executors, administrators, or assigns, to call upon and compel the heirs, executors, administrators, or assigns of the said A. B. party hereto, on or presentatives. at any time after the said day of next, (in case

day of

the said A. B. party hereto shall depart this life previously
to the same day), or at any time after his death, (in case the
said A. B. party hereto shall depart this life on or at any
time after the said
next), to pay to the
said C. D. and E. F., their executors, administrators, or
assigns, the said sum of £, anything bereinbefore con-
tained to the contrary notwithstanding (a).

XXV. Provided also, and it is hereby further agreed and declared between and by the said A. B. and the said C. D., that in case the said C. D., his heirs, executors, administrators, or assigns, shall and will well and truly pay or cause to be paid unto the said A. B., his executors, administrators, or assigns, interest for the said sum of £—, after the rate aforesaid, on the — day of ——, and from thenceforth, by half-yearly payments, on the day of and the

day of in every year, during the term of years, to be computed from the day of the date of these presents, or within one calendar month next after every of the same respective half-yearly days of payment, he the said A. B., his executors, administrators, or assigns, shall not nor will call in the said sum of £ nor bring, commence, or prosecute any action, suit, or other process at law or in equity, either for obtaining the possession of the same messuages, lands, and other hereditaments, or for the purpose of foreclosing the equity of redemption thereof, or upon the

nevertheless

require pay

ment from mortgagor's re

(a). When these Forms are used, add (if such be the intention) a covenant on the part of the mortgagor not to discharge or redeem mortgage within the period stipulated, unless required by the mortgagees.

That the debt

shall remain on

the security for a given period

under certain restrictions.

covenant herein before contained until the end of the said
term of years, to be computed as aforesaid; but ne-
vertheless, it is hereby agreed and declared between and by
the said parties to these presents, that if at any time during
the said term of years default shall be made in pay-
ment by the said C. D., his heirs, executors, administrators,
or assigns, of or in payment of the interest of the said sum
of £- after the rate and within the time and space
aforesaid, that then and in such case it shall and may be
lawful to and for the said A. B., his executors, administra-
tors, and assigns, to call in and compel payment of the said
sum of £, and the interest thereof, and to bring, com-
mence, and prosecute any action, suit, or other process in
respect thereof, or upon any of the covenants, clauses, and
agreements hereinbefore contained, as they or he shall think
proper or be advised; And it is hereby further agreed and
declared, that the said A. B., his executors, administrators,
or assigns, shall not be obliged to accept the principal sum
of £- before the expiration of the said term of
years, unless six calendar months' previous notice in writing
be given by the said C. D., his heirs, executors, adminis-
trators, or assigns, to the said A. B., his executors, adminis-
trators, or assigns, or some or one of them, or left for him
or them at his or their usual place or places of abode, of
such intention of him the said C. D., his heirs, executors,
administrators, or assigns, to pay the same.

XXVI. And it is hereby declared and agreed by and between the said A. B. and C. D. and E. F., and it is the true intent and meaning of them and of these presents, that in case the said E. F. shall not pay the said sum of £- on the day or time hereinbefore limited for payment thereof in the proviso for redemption hereinbefore contained, the said principal sum of £— shall remain and be retained on this security for the term of years, to be computed from the day of the date of these presents, without any right in the said E. F., his heirs, executors, administrators, or assigns, to redeem the said messuages, &c., or to pay off all or any part of the said sum of £ during the said term of

years,

during

without the consent of the said A. B. and C. D., or the sur-
vivor of them, his executors, administrators, or assigns, and his
or their agreement to accept the same, and without any right
in the said A. B. and C. D., or the survivor of them, his exe-
cutors, administrators, or assigns, to compel or enforce the
payment of all or any part of the said sum of £-
the said term of years, (to be computed as aforesaid),
unless default shall be made in payment of the interest of
the said sum of £- or some part thereof, by the
space of
three calendar months next after some half-yearly day of
payment of the same interest: but if such default as last men-
tioned shall be made at any time, (either before or after the
day or time limited for payment of the said principal sum), in
payment of the interest of all or any part of the said sum of
£, by the space of three calendar months next after any
half-yearly day of payment thereof, then and in that case,
and notwithstanding any such default shall have been pre-
viously made, without any demand thereupon of payment of
the said principal sum of £, and notwithstanding accept-
ance of the interest of the said sum after any such prior
default, and anything hereinbefore contained, it shall or may
be lawful to and for the said A. B. and C. D., or the sur-
vivor of them, his executors, administrators, or assigns,
at his or their option, and if he or they shall think fit, to call
in and compel payment of the said sum of £, and the
interest thereof, within the said term of

years.

XXVII. Moreover, that he the said A. B., his heirs and assigns, shall not nor will make sale or dispose of all or any part of the said premises in execution of the trusts and powers aforesaid, without giving to the said C. D., his heirs or assigns, six calendar months' notice in writing of such his or their intention, or leave such notice at the last or most usual place of abode of the said C. D., his heirs or assigns, or with his solicitor or attorney for the time being.

That mortgagee

shall not sell

without giving mortgagor six

months' notice.

gagor shall dic before the expi

XXVIII. Provided also, and it is hereby agreed and de- That if mortclared by and between the said A. B. and C. D., that in case the said A. B. shall depart this life at any time previously to day of, and during the continuance of

the said

ration of seven years, then his

executor may

on giving six months' notice sell.

For making annual rests,

and providing

that the ba-
lances shall

carry interest.
(In mortgages).
[From MS. col-
lection of John
Coles, Esq.]

the said sum of £- or any part thereof, upon this secu-
rity, then and in such case, and notwithstanding any cove-
nants or directions to the contrary thereof hereinbefore con-
tained, it shall and may be lawful to and for the heirs,
executors, or administrators of the said A. B., upon giving
such notice in writing as is bereinbefore mentioned, to call
in and demand payment of the said sum of £, and in-
terest of such part thereof as shall be then remaining upon
the security of these presents, notwithstanding the said
day of shall not then have arrived; and in default of
payment thereof at the expiration of the said six calendar
months, to exercise all and every or any of such powers and
authorities as could or might be exercised by the said A. B.,
his heirs, executors, administrators, or assigns, in case of any
such default being made as is hereinbefore mentioned.

day of

XXIX. Provided always, and it is hereby declared and agreed, by and between all the parties hereto, that on the next ensuing the day of the date of these presents, and on the same day in every succeeding year, a rest or account in writing shall be made out and stated between the said A. B., his executors, administrators, or assigns, on the one part, and the said C. D., his executors, adminis trators, or assigns, on the other part, of all sums which shall at any time previous to the making of every such rest or account respectively have been paid or advanced by the said C. D. to or for the use of the said A. B., under or by virtue of these presents or otherwise, and that the total sum which upon every such rest or account so to be made as aforesaid shall appear to be due to the said C. D., his executors, administrators, or assigns, shall carry interest (a) at the rate of £5 per cent. per annum, to be computed from the day on

(a) Provisions of this kind are objects of great jealousy in courts of equity; so much so, indeed, that when the object is to convert into principal the interest, as it from time to time becomes due, such an agreement, if entered into at the time when the loan is advanced, will be set aside as oppressive, and tending to usury. When the interest has, in fact, become due, the parties may then agree to convert it into principal, so as to carry interest.-Vide Vol. I. book iii. chap. 2, "Of Mortgages."

which the same rest or annual account shall be made up or taken up, to and until the time of payment or other satisfaction thereof to the said C. D., his executors, administrators, or assigns; and that such interest shall be a charge on the said premises, and that the same premises or any part thereof shall not be redeemed or redeemable, either at law or in equity, until full payment and satisfaction shall be made to the said C. D., his executors, administrators, or assigns, as well as such last-mentioned interest, as of the said sum of £——————, and other the sums of money and interest hereby intended to be secured as aforesaid.

XXX. And it is hereby further directed, declared, and agreed, between the parties to these presents, that as between the said A. B. [tenant for life] and C. D. [mortgagee], their heirs and assigns, no leases to be granted by the said A. B. under the power of leasing contained in the said hereinbefore in part recited indenture of release (a), shall bind, affect, or prejudice the said C. D., his heirs or assigns; And moreover, it is hereby declared and agreed, by and between the said A. B. and C. D., that notwithstanding any thing hereinbefore contained, and as between the said A. B. and all persons entitled under the uses of the said indenture of release, by way of remainder after the estate for life of him the said A. B., and who are to have or take the same or the like estates under the trusts hereby declared of such parts of the said manor &c. as shall not be sold, the said A. B. shall in equity, and over the equitable ownership, subject to the said trusts for sale hereinbefore contained, have the same or the like powers of leasing as were limited, given, or reserved to him, in or by the said hereinbefore in part recited indenture of release, bearing date on or about the &c.

XXXI. Provided always, and it is hereby further agreed and declared, by and between the parties to these presents,

(a)" After default shall have been made in payment of the said sum of £, and interest, on the day and in the manner hereinbefore appointed and expressed in that behalf."