part, the said C. D. of the second part, E. F. of &c. of the third part, and G. H. of &c. of the fourth part, After granting the same annuity, yearly rent, charge, or annual sum of £ in the manner and with the power of re-purchase therein more particularly expressed, and sccuring the same on the hereditaments and premises therein particularly mentioned and described in the manner therein expressed, It is by the said indenture amongst other things declared and agreed, that the said C. D. his executors, administrators, and assigns, should stand possessed of the said judgment so to be entered up on the said warrant of attorney, and of all benefit and advantage arising or to be had and taken thereby as a collateral security only for the better and more effectually securing to him and them the payment of the said annuity, yearly rent, charge, or annual sum of £ thereby granted and secured at or on the several days or times, and in manner therein appointed for the payment thereof; and that no execution or executions should be issued or taken out upon the said judgment, unless and until some payment of the said annuity, or some part thereof, should be in arrear for the space of twenty-one days after either of the said times therein respectively appointed for the payment thereof. AND it is by the said indenture further covenanted, declared, and agreed, that when and so often as the said annuity, yearly rent, charge, or annual sum of £

should be behind and unpaid by the space of twenty-one days next over or after any or either of the said days or times thereby limited or appointed for the payment of the same, then and so often in every such case it should and might be lawful to and for the said C. D. his executors, administrators, and assigns, to sue out such execution or

executions upon or by virtue of the said judgment, as he or they should think proper for the recovery of the arrears of the said annuity, and all such costs, charges, and expenses, as he the said C. D. his executors, administrators, or assigns, should or might bear, pay, sustain, or be put unto, by reason or means of the non-payment of the said annuity, yearly rent, ebarge, or annual sum of £

thereby granted and secured, or intended so to be; and that it should not be necessary for the said C. D. his executors, administrators, or assigns, to revive or cause the said judgment to be revived, or to do any act, matter, or thing to keep the same on foot, notwithstanding the said judgment should have been entered up on record for the space of one year or upwards, and notwithstanding any rule or practice of the said court in which the said judgment should be entered on record to the contrary; and that I the said A. B. my heirs, executors, or administrators, should not nor would have, take, or receive any advantage for the want of reviving or keeping the said judgment on foot. Now these are to desire and authorize you the attornies above-named, or either of you, or any other attorney of the same court of King's Bench aforesaid, to appear for me the said A. B. in the said court of King's Bench, as of term last, [or of this present term, as the case may be,] term next, or some other subsequent term, and then and there to receive a declaration for me in an action of debt for the sum of £

and thereupon to confess the same, or to suffer a judgment by nihil dicet, or otherwise to pass against me in the same action, and to be thereupon forthwith entered up against me of record of the said court for the said sum of £ and costs of suit. AND I the said A. B. do further autho

IN CONVEYANCING.

rize and empower you the said attornies, or any one of you, after the said judgment shall be entered up as aforesaid for me and in my name, and as my act and deed, to sign, seal, and execute a good and sufficient release in the law to the said C. D. his heirs, executors, and administra tors, of all and all manner of error and errors, and all benefit and advantage thereof, and all misprisions of error and errors, defects, and imperfections whatsoever, had, made, committed, done, or suffered in, about, or concerning the aforesaid judgment, or in, about, or concerning any writ, warrant, process, declaration, plea, entry, or other proceedings whatsoever, of or in any way concerning the same; AND for what you my said attornies, or any of you shall do or cause to be done in the premises, or any of them, this shall be to you and every of you a sufficient warrant and authority.

LEASES.

LEASE from a Mortgagee and Mortgagor, * (in consideration of a Premium paid by Lessee to Mort. gagor, with consent of Mortgagee,) for twenty-one years, determinable at the expiration of the first seven or fourteen years, on six month's previous notice by Lessee.

THIS INDENTURE made the

day of

in the year of our Lord 18- BETWEEN A. B. of in the county of, Esq. (mortgagee of the premises hereinafter demised) of the first part, C. D. of

in

the county of, Gent. (mortgagor of the said premises) of the second part, and E. F. of in the county of ——, butcher, of the third part, WITNESSETH, that for and in consideration of the sum of £ of lawful

money of Great Britain to the said C. D. (with the consent and approbation of the said A. B. testified by his being a party to and executing these presents,) paid by the said E. F. at or before the sealing and delivery of these presents, (the receipt whereof he the said C. D. doth hereby acknowledge, and of and from the same doth hereby acquit

* Great care is necessary in preparing leases of the abovementioned description; for it has been held, that, if a mortgagor and mortgagee make a lease in which the covenants for the due payment of the rent, and repairing of the buildings, are only with the mortgagor and his assigns, the assignee of the mortgagee cannot maintain an action for the breach of those covenants, because they are collateral to his grantor's interest in the premises, and therefore do not run with them ;—vide 8 Term Reports, 393.

IN CONVEYANCING.

and discharge the said E. F. his executors, administrators, and assigns, for ever;) and also in consideration of ten shillings of like money to the said A. B. in hand at or before such sealing and delivery as aforesaid, paid by the said E. F. the receipt whereof is hereby acknowledged ; and likewise in consideration of the yearly rent, covenants, and agreements hereinafter reserved and contained on the part and behalf of the said E. F. his executors, administrators, and assigns, to be paid, observed, and performed, HE the said A. B. at the request of the said C. D. testified by his being a party to and sealing and delivering these presents, hath demised and leased, and by these presents doth demise and lease, AND the said C. D. hath demised, leased, ratified, and confirmed, and by these presents doth demise, lease, ratify, and confirm unto the said E. F. his executors, administrators, and assigns, ALL that piece or parcel of ground, situate, &c. TOGETHER with the messuage or tenement and outbuildings thereon erected; AND all ways, paths, passages, lights, easements, waters, watercourses, and appurtenances to the same premises belonging or appertaining; TO HAVE AND TO HOLD the said piece or parcel of ground, messuage or tenement, outbuildings, and premises, with their appurtenances, unto the said E. F. his executors, administrators, and assigns, from the day of last, for and during the term of twenty-one years; YIELDING AND PAYING therefore, yearly and every year during such part of the said term as the said premises shall remain in mortgage as aforesaid, unto the said A. B. his executors, administrators, and assigns, the £ clear yearly rent or sum of of lawful money aforesaid; and from and after satisfaction of the mortgage made to the said A. B. and all sums due thereon, THEN