To discharge money land

from the trusts

of, or to cause

the money to be invested in the purchase of lands, and to convert the

executors, or administrators, procure the said term of one thousand years to be assigned to some person or persons of the nomination of the said A. B. and C. D., or the survivor of them, his heirs, executors, administrators, or assigns, upon trust to attend and be subservient to the freehold, reversion, and inheritance of the hereditaments comprised in the same term, and hereby granted and released or otherwise assured, or intended so to be, as the same freehold, reversion, and inheritance are settled and assured by these presents.

CXXXIV. Covenant with the said A. B. and C. D., their executors and administrators, that they the said E. F., declared there- G. H., and I. K. respectively, and their respective heirs and issue, shall and will forthwith, or as soon as conveniently may be, at the costs and charges of the said fourth part or share of the said G. H. of and in said sum of £ or the lands same, by means to be purchased therewith, make, do, and execute, and concur in all acts and deeds, matters and proceedings whatsoever, which shall be necessary, proper, or expedient for discharging the said fourth part or share of the said G. H. of and in the said sum of £- of and from all the trusts

of sale, into

money.

to which the same fourth part or share of the said sum of £ is now liable, and for the purpose of procuring the said fourth part or share of the said G. H. of and in the said sum of £ to be paid to the said A. B. and C. D., or the survivor of them, his executors or administrators, upon the trusts, and for the ends, intents, and purposes, and under and subject to the provisoes, declarations, and agreements hereinafter expressed and declared concerning the same; And further, that in case the said fourth part or share of the said G. H. of and in the said sum of £- cannot be effectually discharged of and from the trusts to which that sum, or the share thereof belonging to the said G. H., is now subject, without being invested in the purchase of lands and hereditaments, then they the said E. F., G. H., and I.K. respectively, and their respective heirs and issue, shall or will forthwith, or as soon as conveniently may be, at the costs and charges of the trust estate, consent and concur in

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.

To pay trus

tees such a sum as, with what

will arise from taments, will make up the

sale of heredi

amount directed

CXXXV. Covenant, promise, and agree with and to the said E. E. and A. B., their executors, administrators, and assigns, by these presents, that in case the said E. E. and A. B., or the survivor of them, or the heirs or assigns of such survivor, shall not, after full payment and satisfaction of the aforesaid sum of £- and interest, and subject to the to be raised. (In settlesaid annuity of £, be able to raise by sale of the said ments). 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 he 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)

Lien of covenant by two severally for the production

of deeds in different sche

dules.

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

(2) "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."

(b) 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 several 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 herein before 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 declared between and by the said parties to these presents, that if the said C. D., his heirs or assigns, shall at any time hereafter sell and dispose of other parts of the said estates to which the said deeds and evidences relate as aforesaid, and shall and do procure the purchaser or purchasers thereof

Proviso to exonantor on procuring purchaser like covenant.

nerate cove

to enter into

Another form.

By mortgagee

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.

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

title deeds to

mortgagor, on repayment of mortgage money, and for producing them in the meantime (a).

presents, in manner following; that is to say, that upon repayment to the said A. B., his executors, administrators, or assigns, by the said C. D., his heirs, executors, or administrators, of the said sum of £, mentioned to be the con

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