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." evidences, and writings, or any of them at any trial, hearing, or examination, in any court or courts of law or in equity, or other court of judicature in any part of the united kingdom of Great Britain and Ireland, or before or for the perusal and inspection of any commissioners, arbitrator or arbitrators lawfully appointed, or in any other such manner as occasion shall require; and also at the like request, costs, and charges of the said C. D., his heirs, executors, administrators, or assigns, cause to be made out and delivered to him or them, or his or their attorney or agent, a true and faithful abstract, and true and attested copies of them, or any of them, or of any part or parts of the same respectively, for the support, manifestation, or justification of the lawful or equitable estate, right, title, or possession of the said C. D., his heirs or assigns, in, to, or respecting the said lands, tenements, or hereditaments comprised or described therein, or in, to, or respecting any part thereof, subject to the said in part recited indenture; and also 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. Provided always nevertheless, that such production and delivery of copies respectively as aforesaid may, in the opinion of the counsel in the law of the said A. B. (to be certified in writing under his hand, at the expense of the said C. D., his heirs, executors, administrators, or assigns), be made and delivered without endangering, or in anywise prejudicially affecting, the estate, right, title and interest, claim or demand of him the said A. B., his executors, administrators, or assigns, in, to, or upon the said lands and hereditaments, or the security thereby afforded to him or them for the repayment of the said sum of £ and interest, under or by virtue of the said hereinbefore in part recited indenture, or otherwise howsoever; and so that the deeds, evidences, and writings, or any of them, be not required to be deposited with or intrusted to the care of any person or persons other than some officer or officers of the court of judicature wherein the same may be required to be produced, or the counsel, solicitor, or attor ney or agent of and appointed by the said A. B., his heirs, executors, or administrators (a). (a) The title-deeds constitute so important a part of the mortgagee's security, that the want of possession of them is considered to be primá facie evidence of fraud; and unless that evidence be rebutted, a second incumbrancer obtaining the title-deeds, and having no notice of the previous charge, will, in equity, take precedence of the first. A mortgagee, therefore, ought always to insist on having the title-deeds themselves, and not a mere covenant for the production of them. If this rule be departed from, the deeds may be deposited with some third person, who should give a written declaration of the purpose of such deposit. power to adjust and settle, 464. provision that settlement of, by trustees shall be binding on cestuis que trust, 682. ACCUMULATION of interest, trusts for, 348, 369. proviso for, 679. rents, trusts for, 348. ADVANCEMENT, ALIEN, trusts to raise money for, 299. power of, out of rents, 444. portions, 428-435. for children of each of two persons on whom diffe- rent sums are settled, 435. provision that monies advanced to issue shall be borne by the trusts for, 312. ANNUAL RESTS, 600. ANNUITY, trusts to pay, to wife for her separate use, 329. covenants for title to, 734. in grant of, 738. |