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all lawful and reasonable acts and deeds which shall be necessary or proper for procuring the said sum of £—to be laid out and invested in the purchase of freehold manors &c. in England, to be settled pursuant to the trusts or directions declared by or contained in the said hereinbefore in part recited indenture bearing date on or about the &c., of and concerning the manors &c. which should be purchased with the produce of the said several sums of £— and £—; and immediately afterwards, or as soon as conveniently may be, shall or will, by means of such good and sufficient assurances as by the said A. B. and C. D., or the survivor of them, his executors or administrators, shall be reasonably devised or advised and required, convey and assure the fourth part or share of the said G. H. of and in the manors &c. to be purchased with the said sum of £ as aforesaid, either unto the said A. B. and C.D., or the survivor of them, or his heirs, or unto such person or persons as the said A. B. and C. D., or the survivor of them, his executors or administrators, shall direct or appoint.

CXXXV. Covenant, promise, and agree with and to To pay trusthe said E. E. and A. B., their executors, administrators, and

tees such a sum

as, with what assigns, by these presents, that in case the said E. E. and will arise from

sale of herediA. B., or the survivor of them, or the heirs or assigns of taments, will such survivor, shall not, after full payment and satisfaction of make up the

amount directed the aforesaid sum of £— and interest, and subject to the to be raised. said annuity of £, be able to raise by sale of the said (Den settle

) freehold and copyhold hereditaments the whole of the said sum of £

—and interest hereinbefore directed to be raised as aforesaid, then and in such case be the said S. E. the father, his heirs, executors, or administrators, shall and will well and truly pay or cause to be paid to the said E. E. and A. B., or the survivor of them, or the heirs or assigns of such survivor, such a sum of money as, together with the sum of money they or he shall (subject nevertheless as aforesaid) be able to raise by sale, mortgage, or other disposition of the said freehold and copyhold hereditaments, will amount to the sum of £ and interest hereinbefore directed to be raised as aforesaid.

For production of title deeds (a)

CXXXVI. Covenant, promise, and agree (b) with and to the said A. B., his heirs and assigns, by these presents, that

Lien of covenant by two severally for the production of deeds in different schedules.

() " And the said A. B. doth hereby for himself, his heirs, executors, and administrators, and as to and as far only as concerns the deeds, papers, or writings mentioned or specified in the first schedule hereunder written or hereunto annexed, and the acts, deeds, and defaults relating thereto; and the said C. D. doth hereby for himself, his heirs, executors, and administrators, and as to and as far only as concerns the deeds, papers, or writings mentioned or specified in the second schedule hereunder written or hereunto annexed, and the acts, deeds, and defaults relating thereto."

(6) When some of the deeds are lost or mislaid, introduce the covenant by the following recitals:“ And whereas the deeds, papers, and writings enumerated in the first schedule hereunder written or hereunto annexed, are now in the custody or possession of the said A. B.; and the deeds, papers, and writings enumerated in the second schedule hereunder written or hereunto annexed, have been lost or mislaid, and cannot now be found; and whereas all the deeds, papers, and writings enumerated in the said two sereral schedules relate to or concern the said messuages &c. jointly and together with other property of the said A. B., which is of greater value than the said messuage &c. mentioned in the recitals hereinbefore contained; and on that account the deeds, papers, and writings comprised in the said first schedule to these presents, and also the deeds, evidence, and writings comprised in the said second schedule to these presents, when found, are to remain in the custody, possession, or power of the said A. B., subject to the covenant hereinafter contained for the production of the same deeds, evidence, and writings.”

The vendor ought to covenant in the usual way, that he shall and will“ as to, for, and concerning the deeds, papers, and writings comprised in the first schedule to these presents, at any time or times, and from time to time hereafter; and as to, for, and concerning the deeds, papers, and writings comprised in the second schedule to these presents, at any time or times and he the said C. D., his heirs and assigns, shall and will, from time to time and at all times hereafter, upon every reasonable request and notice thereof in writing, for that purpose given to him or them by the said A. B., his heirs or assigns, or any person or persons lawfully or equitably claiming or to claim any estate, right, title, or interest of, in, to, from, or out of the said messuage and other hereditaments hereinbefore granted and released, or expressed and intended so to be, or any part or parts thereof, at the costs and charges of the person or persons requiring the same, produce and shew forth, or cause and procure to be produced and shewn forth to him, them, or any of them, or to such person or persons as he or they or any of them shall desire or require, or at any trial or hearing in any court of law or equity or other judicature, or in the execution of any commission, or elsewhere, as occasion shall require, all or any of the several deeds or instruments which are specified in the list or particular annexed by way of schedule to these presents, for the manifestation, defence, and support of the estate, title, and possession of the said A. B., his heirs and assigns, and all and every other persons and person so claiming or to claim as aforesaid; and shall and will permit a copy or copies of the same, or any of them respectively, to be taken, at the expense of the person or persons so requiring the same respectively; and shall and will, in the meantime, keep the same in his or their custody uncancelled and undefaced, unless prevented from so doing by fire or other inevitable accident (a).

from time to time after the same shall be respectively found and delivered to or placed in the power of the said A. B., his heirs, executors, or administrators,” &c.

(a) The ensuing proviso is sometimes added, “ Provided always, and it is hereby further agreed and Proviso to exodeclared between and by the said parties to these presents, nantor on prothat if the said C. D., his heirs or assigns, shall at any time curing purchaser hereafter sell and dispose of other parts of the said estates like covenant. to which the said deeds and evidences relate as aforesaid, and shall and do procure the purchaser or purchasers thereof

nerate cove

Another form.

CXXXVII. And also that he the said A. B., or his heirs or assigns, from time to time, on the request and at the costs and charges of the said C. D. and E. F., their heirs or assigns, shall and will, unless hindered or prevented by force or other inevitable accident, produce or cause to be produced to the said C. D. and E. F., their heirs or assigns, or their solicitor, agent, or counsel, or at or before any court or courts of law or equity in England, or commissioners for the examination of witnesses; and also give and deliver and permit to be examined and attested copies of all, any, or either of the deeds, papers, and writings mentioned or specified in the schedule hereunder written, or hereunto annexed, or any or either of them.

title deeds to mortgagor, on

By mortgagee

CXXXVIII. Covenant, promise, declare, and agree for redelivery of with and to the said C. D., his heirs and assigns, by these

presents, in manner following; that is to say, that upon rerepayment of mortgage mo- payment to the said A. B., his executors, administrators, or producing them assigns, by the said C. D., his heirs, executors, or adminisin the mean- trators, of the said sum of £- mentioned to be the contime (a).

to enter into a like covenant to that which is hereinbefore contained, with the said A. B., his heirs or assigns, for the production and delivery of copies of the said deeds, evidences, and writings in manner aforesaid, then and in that case the covenant and agreement hereinbefore contained for that purpose shall from thenceforth cease and be void, and these presents shall, at the request of the said C. D., his heirs, executors, or administrators, be delivered up to be cancelled, anything hereinbefore contained to the contrary thereof in anywise notwithstanding."

(a) When the mortgagor is a trustee or tenant for life only, or when he has himself covenanted with another for the production of the deeds, or attested copies of them, a covenant of this kind is sometimes entered into by the mortgagee. After briefly stating the mortgage, the following recitals may be premised :“ And whereas, upon the execution of the said in part recited indenture, the several deeds and evidences of title relating to sideration money of the said in part recited indenture, with interest for the same after the rate aforesaid, at the times and in the manner in and by the same indenture appointed for payment thereof, together with all costs, charges, and expenses, which at the time of such payment shall be due unto, or have been incurred by, the said A. B., his executors, administrators, or assigns, for or in respect thereof, he the said A. B., his executors, administrators, or assigns, shall and will, at the request of the said C. D., his heirs or assigns, deliver up or cause to be delivered up unto him or them, or unto whomsoever else he or they shall under his or their hand or hands direct or appoint in that behalf, all and singular the deeds, evidences, and writings comprised in the schedule hereunder written or hereunto annexed, whole, uncancelled, unobliterated, and undefaced, accidents by fire or other inevitable cause only excepted; And further that he the said A. B., his heirs, executors, administrators, and assigns, unless prevented by any such cause as aforesaid, shall and will from time to time, and at all times hereafter, in the meantime and until such payment shall or ought to be made, and also so long afterwards, in case of default in payment thereof, as the said deeds, evidences, and writings shall remain in his or their hands, custody, or power, and the said hereditaments and premises shall be subject or liable to any equity or right of redemption in or by the said C. D., his heirs or assigns, at and upon the reasonable request in writing, and at the proper costs and charges in the law of him the said C. D., his heirs, executors, administrators, or assigns, produce and shew forth, or cause to be produced and shewn forth the same deeds,

the said hereditaments mentioned and set forth in the schedule hereunder written, were delivered to the said A. B.; And whereas the said A. B., at the request of the said C. D., hath agreed to enter into such covenant for redelivering the same unto the said C. D., his heirs and assigns, upon repayment of the said sum of £-, with interest, and for producing them in the meantime as hereinafter is contained.” VOL. II.

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