freely and clearly and absolutely acquitted, exonerated, released, and for ever discharged or otherwise by the said C. D., his heirs, executors, or administrators, saved, defended, kept harmless, and indemnified of, from, and against all and all manner of former and other gifts, grants, bargains, sales, mortgages, jointures, dowers, uses, trusts, entails, wills, statutes, recognizances, judgments, executions, extents, rents, arrears of rent, annuities, legacies, sums of money, yearly payments, forfeitures, re-entries, debts of record, debts due to the Queen's Majesty, and of, from, and against all other estates, titles, troubles, charges, debts, and incumbrances whatsoever (save and except as hereinbefore is mentioned); and further, that if default shall be made of or in payment of the aforesaid sum of £, or any part thereof, contrary to the aforesaid proviso and covenant for payment of the same, and the true intent and meaning of these presents, then and in such case he the said C. D., and his heirs, and all and every other person and persons whomsoever having or claiming, or who shall or may have or claim, any estate, right, title, or interest, claim or demand whatsoever either at law or in equity, of, in, or to the said messuage, lands, and other hereditaments hereinbefore granted and released, or expressed and intended so to be, or any of them or any part thereof, shall and will from time to time and at all times thereafter, upon the request of the said A. B., his heirs or assigns, make, do, and execute, or cause and procure to be made, done, and executed, all and every such further and other lawful and reasonable acts, deeds, matters, things, convey ances, and assurances in the law whatsoever, for the further, better, more perfectly and absolutely granting, conveying, and assuring the said messuage, lands, and other heredita ments hereinbefore granted and released, or expressed and intended so to be, with their appurtenances, unto and to the use of the said A. B., his heirs and assigns, as by the said A. B., his heirs or assigns, or his or their counsel in the law shall be reasonably advised or devised and required. Provided also, and it is hereby agreed and declared between and by the said A. B. and C. D., and the true intent and meaning of them and of these presents nevertheless further is,

mortgagor until

that it shall be lawful for the said C. D. (a), his heirs and assigns, peaceably and quietly to have, hold, occupy, possess, Proviso for enand enjoy the said messuage, lands, and other heredita-joyment by ments hereinbefore granted and released, or expressed and default. intended so to be, with their appurtenances, and to receive and take the rents, issues, and profits thereof to and for his and their proper use and benefit, until default (b) shall be made in payment (c) of the said sum of £ and interest, or any part thereof respectively, contrary to the aforesaid proviso and covenant for payment of the same, and the true intent and meaning of these presents, without any let, suit, trouble, denial, interruption, or disturbance whatsoever, of, from, or by the said A. B., his heirs or assigns, or by any other person or persons whomsoever lawfully claiming or to claim by, from, or under him, them, or any of them (d).

(a) Or,—

"the said C. D. during his life; and after his death, to and for the person or persons who for the time being would have been entitled to the possession or to the receipt of the rents of the said manor &c. under the uses declared thereof by the said recited indenture of &c. in case these presents had not been made or executed."

(b) Or, where there is a power of sale, and a previous notice is to be given,

"the expiration of

calendar months after the expiration of such notice as aforesaid, and in default in payment of the money which at the end of that time shall be due on this present security."

(c) Or,

"in the transfer of the said sum of £ Bank Annuities, or in payment of the sum or sums in lieu of the interest, dividends, and annual produce thereof, or any part thereof respectively."

(d) In an able note to Doe d. Roby v. Maisey, 3 Man. & Ryl. 109, Mr. Manning has suggested that the effect of this proviso for enjoyment until default, is not to vest in the mortgagor a chattel interest or term, but rather a determinable fee, as in the ordinary case of a limitation in a

For title to free

holds; with a

LXII. Covenant and agree with and to the said A. B., holds and copy- his heirs and assigns, by these presents in manner following; (that is to say), that he the said C. D. is, at the time of the sealing and delivery of these presents, lawfully, rightfully,

covenant to join

in sales and

conveyances to

purchasers.
(In mortgages,
upon trusts for
sale).

marriage settlement to the settlor, his heirs and assigns, until the mar-
riage. To this, however, it has been objected that such a construction
would be repugnant to the use already limited to the mortgagee; and
the more general opinion seems to be, that the provision in question con-
fers upon the mortgagor an interest in the nature of a term of years.
Coote on Mortgages, p. 392; Smith's Leading Cases, i. 296; Watkins'
Conveyancing, p. 13, fifth edition,—a work, by the way, of much greater
reputation than merit, but singularly distinguished by the abilities of its
successive editors. If the mortgagor himself be in the actual occupation
of the land, then it will be desirable, in order to give the mortgagee a
power of enforcing the payment of his interest by means of a distress for
rent, to make the mortgagor tenant at will at a fixed yearly rent. Vide
Rogers v. Humphreys, 5 Nev. & Man. 511, 521. With this view, the
following Form may be adopted. It applies, indeed, to the case of a
mortgagor being in the occupation of part only of the mortgaged pre-
mises, but may be easily varied according to circumstances:—
"And whereas part of the said manor, messuages, &c.
hereby released or otherwise assured, or intended so to be,
is in the occupation of the said A. B., and it has been agreed
that he shall become actual tenant at will of the same to the
said C. D. and E. F., and the survivor of them, at the
yearly rent of £, to the intent that there may be a
remedy by distress for recovering the said rent of £
Now this indenture witnesseth that the said C. D. and E. F.
do hereby demise, lease, and to farm let, to the said A. B.
such and so many, and such parts of the said manor, mes-
suages, &c. hereby released or otherwise assured, or intend-
ed so to be, as are now in the occupation of the said A. B.;
to hold the same to the said A. B. at the will of the said
CD. and E. F., and the will of the survivor of them; yield-
ing and paying therefor to the said C. D. and E. F., and
the survivor of them, yearly and every year during the con-
tinuance of the said lease, the rent of £, by equal half-
yearly payments, on the day of and the-
of in every year, clear of all deductions for land-tax, or
on any other account whatsoever."

day

and absolutely seised of or well and sufficiently entitled to a good, sure, sole, perfect, absolute, and indefeasible estate of inheritance in fee-simple of and in the said messuages, lands, and other hereditaments hereinbefore granted and released, or expressed and intended so to be, and every part thereof, with their appurtenances; and is also at the time of the sealing and delivery of these presents lawfully, rightfully, and absolutely seised of or well and sufficiently entitled to the said messuages, lands, and other hereditaments hereinbefore covenanted to be surrendered, or expressed and intended so to be, and every part thereof, with their appurtenances, of a good, sure, sole, lawful, perfect, absolute, and indefeasible estate of inheritance to him and his heirs, according to the custom of the said manor of A., without any condition, trust, power of revocation or limitation, or any use or uses, or other restraint, cause, matter, or thing whatsoever, to alter, change, charge, defeat, incumber, revoke, or make void the same; And that he the said C. D. now hath in himself good right, full power, and lawful and absolute authority to grant, bargain, sell, release, and confirm the said messuages, lands, and other hereditaments hereinbefore granted and released, or expressed and intended so to be, with their appurtenances, unto and to the use of the said A. B., his heirs and assigns, in manner aforesaid, and according to the true intent and meaning of these presents; and also to surrender the said copyhold messuages, lands, and other hereditaments hereinbefore covenanted to be surrendered, or expressed and intended so to be, with the appurtenances thereunto belonging, unto and to the use of the said A. B., his heirs and assigns, in manner aforesaid, and according to the true intent and meaning of these presents; and further that it shall and For quiet enjoy may be lawful to and for the said A. B., his heirs and assigns, in the meantime, after the said messuages, lands, and other hereditaments hereinbefore granted and released, and covenanted to be surrendered, or expressed and intended so to be, shall become saleable, until the same shall be sold, and from and after such sale or sales shall be made and perfected as aforesaid, to and for the purchaser or purchasers of the same several hereditaments, and his, her, and their respective heirs and assigns, peaceably and quietly to have,

ment.

Free from incumbrances.

For further assurances.

hold, occupy, possess, and enjoy the said messuages, lands, and other hereditaments hereinbefore mentioned, and intended to be hereby granted and released, and covenanted to be surrendered, with their and every of their appurtenances, and to receive and take the rents, issues, and profits thereof unto him the said A. B., his heirs and assigns, upon the trusts aforesaid, and unto the several purchaser or purchasers, his, her, and their heirs and assigns, to and for his, her, and their own use and benefit, without any lawful let, suit, trouble, denial, eviction, interruption, or disturbance whatsoever, of, from, or by the said C. D., his heirs and assigns, or any person or persons whomsoever, having or lawfully or equitably claiming or to claim, or who shall or may have or lawfully or equitably claim any estate, right, title, or interest of and in the said messuages, lands, and other hereditaments hereinbefore granted and released, and covenanted to be surrendered, or expressed and intended so to be, or any of them, or any part or parts thereof; and that free and clear, and freely and clearly and absolutely acquitted, exonerated, released, and for ever discharged or otherwise by the said C. D., his heirs, executors, or administrators, saved, defended, kept harmless, and indemnified of, from, and against all and all manner of former and other gifts, grants, bargains, sales, jointures, dowers, mortgages, uses, trusts, wills, entails, annuities, rent-charges, rents-seck, and arrears of rent, fines, issues, amerciaments, statutes, recognizances, judgments, executions, extents, seizures, sequestrations, and all other estates, titles, troubles, charges, and incumbrances; and moreover that he the said C. D. and his heirs, and all and every other person or persons whomsoever, having, or lawfully or equitably claiming or to claim, any estate, right, title, or interest of and in the said messuages, lands, and other hereditaments hereinbefore granted and released, and covenanted to be surrendered, or expressed and intended so to be, or any of them, or any part thereof, shall and will from time to time, and at all times hereafter, upon the request of the said A. B., his heirs, executors, administrators, or assigns, but at the proper costs and charges of the said C. D., his heirs, executors, administrators, or assigns, until a sale or sales shall be made of the said messuages, lands, and other