released, or assigned the mortgage-money or interest, that he has done no act to incumber the premises, and for further assurance.

demise.

On the transfer of a mortgage by demise, the Transfer of a original security should be recited, and the amount mortgage by due thereon should be set forth, also the agreement by the new mortgagee to lend the sum required by the mortgagor to pay off the old mortgagee. The premises are then assigned by the words "bargain, sell, assign, transfer, and set over" to the new mortgagee, his executors, &c.; to hold for the residue of the term, subject to a proviso that, upon payment of the principal and interest on a given day, the new mortgagee will surrender the term to the mortgagor, his heirs or assigns, or that he will assign the same to such person or persons as he or they shall direct or appoint.

e

demise is con

If the new mortgagee requires that the mortgage Where the shall be converted into a mortgage in fee, the inden- mortgage by ture for such purpose will be made between the mort" verted into a gagor of the first part, the mortgagee of the term of mortgage in the second part, and the intended mortgagee of the fee. third part. After reciting the mortgage by demise, that the money remains due, that payment has been required, and that the new mortgagee has agreed to lend the sum of L. to enable the mortgagor to pay off the original sum, and to supply his other occasions, the mortgagor grants, bargains, sells, and releases; and the mortgagee, for the purpose of surrendering the term, will assign, surrender, and yield up, unto the new mortgagee, his heirs and assigns, with the usual proviso for redemption, as in a mortgage in fee; the old mortgagee must covenant that he has done no act to incumber; and the mortgagor will enter into covenants as in other mortgages in fee.

Upon the advance of a further sum, the further Further charge should contain a covenant and declaration by charge.

e If it is intended to keep the term on foot, the fee may be conveyed by the mortgagor to the assignee, the first mortgagee assigning the term to a trustee. Ante, p. 441.

Loans by trustees.

the mortgagor that the premises shall stand and be a security as well for the last sum advanced and interest as for the former loan, and that the mortgagee shall stand seised of the premises "in trust, out of the rents and profits of the hereditaments to raise such sums of money as will pay off as well the sum last advanced and interest as the former sum and interest, and subject thereto, to the (mortgagor in fee.") If an attendant term has been assigned in the mortgage, the further charge should contain a declaration that the trustee shall stand possessed of the term, in trust for securing as well the sum last advanced as the sum before lent, with interest on them both.

It may be useful to notice, for the guidance of trustees having money to invest, that, in a recent case, Stickney v. Sewell, 1 M. and Cr. 8, the present Lord Chancellor, when Master of the Rolls, stated, that to advance two-thirds of the value of property is admitted to be within the rule of ordinary prudence, but, added the learned judge, that is with reference to property of a permanent value, as freehold land. The same rule does not apply to property in houses, which fluctuates in value, and is always deteriorating.

CHAPTER XXVI.

NOTARIAL FORMS.

CERTIFICATES.

I, J. M., of, &c., notary-public, by royal authority duly admitted and sworn, do hereby certify and attest unto all whom it may concern, that the letter of attorney hereunto annexed was duly signed and sealed by A. B., therein named, in my presence, and in the presence of C. D., of, &c., and E. F., of, &c. Whereof an act being requested, I have granted the same under my notarial firm and seal of office, to serve and avail as occasion shall or may require. Done and passed at, &c., aforesaid, this of, &c., in the year of our Lord 18

day

Certificate of the due exe

cution of a letter of attor

ney.

of a person.

On this day of, &c., before me, J. M., notary- Certificate of public, by, &c., personally came and appeared A. B., the identity of, &c., and C. D., of, &c., who severally declared, that they these appearers have for many years known and been well acquainted with E. F., son of G. H., late of, &c., but now of, &c.; and that these appearers verily believe the said E. F. to be the residuary heir named in the will of I. K., of, &c., aforesaid, deceased. And I do hereby certify, that the signature of the said E. F., written and subscribed hereunder, is of the true and proper handwriting of

Certificate of

baptism.

Certificate of a duplicate protest.

of a chief ma

gistrate.

the said E. F., he having subscribed the same in the presence of these appearers, and also in my presence. In testimony whereof, I have hereunto set my hand, at, &c., this, &c.

I, J. M., of, &c., notary-public, by, &c., do hereby certify and attest unto all whom it may concern, that A. B., by whom the annexed certificate of baptism is written and signed, is the clerk of the parish church of ; that he wrote and signed the same in my presence; and that to his certificates, in his said quality, full faith and credit are given in court and thereout. And I do further certify and attest, that I saw and examined the register of the said baptism in the book kept in the vestry of the said church, from whence the same was extracted by the said parish clerk; and that I found the said certificate to be a true and faithful copy thereof. In testimony, &c.

I, J. M., of, &c., notary-public, by, &c., do hereby certify, &c., that the above and before written is a duplicate or true copy of a certain instrument of protest made before me, taken and extracted from my register of all notarial acts by and before me granted and passed, marked In wit

ness, &c.

folio

Certificate of I, J. M., of, &c., notary-public, by, &c., do hereby the signature certify, &c., that the signature A. B., mayor, at the foot of the foregoing affidavit, is of the own and proper handwriting of the right honourable A. B., lord, mayor of this city, in whose presence oath was this day administered, in due form of law, to Mr C. D., the deponent named in the said affidavit, and who signed the same in my presence; wherefore full faith and credit ought to be given thereto in court and thereout. London, this day of, &c.

an account.

Certificate of I, J. M., of, &c., notary-public, by, &c., do hereby certify, &c., that the account hereunto annexed is a true and faithful extract from the book called the ledger of Mr A. B., of, &c.; I, the said notary, having this day collated the same, and found it to agree

in every respect with the said ledger; an act whereof being required of me the said notary, I have granted these presents under my notarial firm and seal of office, to serve and avail as occasion shall or may require. Done, &c.

to a policy of

I, J. M., of, &c., notary-public, by, &c., do hereby Certificate of certify, &c., that on this day of, &c., in the signatures year of our Lord, &c., personally came and appeared insurance. Mr A. B., of the said city of, &c., merchant, who produced to me, the said notary, a policy of insurance, wherein I saw and read, that the said A. B. did, on the day of, &c., now last past, and as well in his own name as for and in the name and names of all and every other person to whom the same did, might, or should appertain, in part or in all, make assurances, and cause himself and them, and every of them, to be insured, lost or not lost, at and from, &c., to, &c., in the sum of, &c., upon any kind of goods and merchandises whatsoever, laden or to be laden on board the good ship or vessel called the, &c., whereof, &c., was master. And I do further certify, that at the foot of the said policy of insurance so produced to me, the said notary as aforesaid, was written, C. D., L. per received per

day of

E. F., L.

received

day of, &c., of which an act being requested, &c., (see p. 467.)

We, the undersigned merchants of this

of Certificate of

merchants to

do hereby certify that J. M., who hath granted the signature and signed the foregoing, &c., is a public notary of of a notary.* this, &c., and that to all acts and instruments thus by him signed, full faith and credit are and ought to

tificate is

* We, the undersigned public notaries of the, &c., of, Another form, &c., do hereby certify unto all whom it may concern, that when the cerJ. M., who hath signed the foregoing act, is a sworn public given by nonotary, practising in this, &c., and that to all acts thus by taries. him signed, full faith and credit are and ought to be given in judicature and thereout. Witness our hands in, &c., this:

day of, &c.