« ПретходнаНастави »
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 prima 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, period of repurchase, 391.
power to adjust and settle, 464.
cestuis que trust, 682.
proviso for, 679.
rents, trusts for, 348.
trusts to raise money for, 299.
rent sums are settled, 435.
fund in a certain proportion, 676.
trusts for, 312.
trusts to pay, to wife for her separate use, 329.
in grant of, 738.
covenant in demise for securing, 752.
sink part of trust-monies in purchase of, 453.
appropriate a fund for payment of, 459, 672, 673.
to prevent estates being charged with, until son shall
attain twenty-five, 670.
fund to answer, 675.
present one, and that, while wife enjoys the
benefit of jointure, annuity shall be reduced, 676.
proviso for reduction of, in time of peace, 609.
powers of, vide Powers.
power to release power of, 425.
of consideration, where freeholds are released and copyholds
covenanted to be surrendered by the same deed, 52.
of contingent charge, 616.
of a fund for payment of insurance and indemnity of
pointed, residue to be exonerated, 557.
marriage, for the benefit of wife and children,675.
priation of another fund to answer it, 674.
being issue of the first, such sum to be paid as if she were