CHARGE.

Jointure.

That husband has right to charge.

a sufficient value.

Quiet enjoy

ment.

ministrators, and assigns, and of her trustees and each of them, for
the same, and the costs, damages, and expenses occasioned by any
non-payment thereof. AND that he the said (intended husband)
at the time of the sealing and delivery of these presents, hath in him-
self full, perfect, and absolute right and authority to grant the said
annuity or yearly rent-charge of L
unto the said (intended

wife), her executors, administrators, and assigns, and also to demise the said messuages, lands, plantations, hereditaments, and premises, unto the said (trustees), their executors, administrators, and assigns, Premises are of in the manner aforesaid. AND further, that the lands, plantations, and hereditaments hereby made chargeable with the payment thereof are of the just and full value of £ free of all reprisals and charges whatsoever. AND that it shall and may be lawful for the said (intended wife), her executors, administrators, and assigns, to have, take, and enjoy the said annuity, yearly rent-charge, or annual sum, for the term of her natural life, in case she shall survive the said (intended husband), and for the said (trustees), their executors, administrators, and assigns, to hold and enjoy the said plan. tations, hereditaments, and premises, for the said term of ninety-nine years, according to the true intent and meaning of these presents, without any claim or demand whatsoever by the heirs, executors, or administrators of the said (intended husband) or any other person whomsoever lawfully claiming under or in trust for him or any of his ancestors, other than subject to the same annuity or yearly rentcharge, and to all powers and remedies for recovery thereof; and that free and clear or otherwise by the heirs, executors, or administrators of the said (intended husband), protected and indemnified from and against all former and other estates, titles, charges, and incumbrances whatsoever. AND MOREOVER that he the said (intended husband) during his lifetime, and all persons claiming under or in trust for him or any of his ancestors from and after his decease, in case she the said (intended wife) shall be then living, shall and will from time to time and at all times during her natural life, at the reasonable request of the said (intended wife), but at the expense of the said (intended husband), his executors, administrators, or assigns, make, do, and execute all such further and other lawful and reasonable acts, deeds, conveyances, and assurances in the law whatsoever, for the better or more satisfactorily granting and confirming the said annuity or yearly rent-charge of £ unto the said (intended wife) for the term or period and in the manner aforesaid, and for the better or more satisfactorily demising and conveying the plantations, hercditaments, and premises expressed or intended to be

Free from incumbrances.

Further assu

rance.

hereby demised unto the said (trustees), their executors, administra-
tors, and assigns, for the remainder of the said term of ninety-nine
years which shall be then unexpired, and otherwise charging the
same hereditaments and premises with the payment thereof, as the
said (intended wife) or any of her trustees or trustee or assigns, or
her or their counsel in the law shall advise and require. AND the
said (intended husband) doth hereby further covenant, grant, de-
clare, and agree with and to the said (trustees), their heirs, execu-
tors, administrators, and assigns, that in case the messuages, lands,
plantations, hereditaments, and premises hereinbefore described to
be situated in the Island of
aforesaid, or any part thereof,

shall at any time hereafter, during the lifetime of the said (intended
wife), his intended wife, be destroyed by earthquake, storm, or tem-
pest, or be ceded to any foreign power, or the title or possession of
him the said (intended husband), or the charge and demise hereby
made or mentioned or intended to be made of or upon the same,
shall in or by any other manner or for any other cause be defeated,
impeached, or rendered or become unavailable, then and in such case
he the said (intended husband), his heirs, executors, or administra-
tors shall and will, at his or their own costs and charges, in all things,
upon request made to him or them in writing for that purpose under
the hands or hand of the trustees or trustee of these presents for the
time being, or the hand of her the said (intended wife) or of her as-
signs, well and effectually charge and assure the said annuity or
yearly rent-charge of £
so to be paid and payable unto
her the said (intended wife) during the term of her natural life as
aforesaid, upon some other lands and hereditaments or other property
of ample and sufficient value to be situated or be within the juris-
diction and cognizance of the counties or some or one of the counties
of that part of the United Kingdom of Great Britain and Ireland
called England, in such manner and form as the person or persons
so requiring the same, or their or his counsel in the law, being of the
degree of a barrister, shall require or advise. AND THIS INDENTURE
FURTHER WITNESSETH, `that to the intent that these presents may
be duly registered, inrolled, and recorded in the proper office or
offices appointed for that purpose in the said Island of

and take effect according to the laws respecting assurances of estates
and interests, he the said (intended husband) hath made, no-
minated, constituted, and appointed, and by these presents doth
make, nominate, constitute, and appoint, and in his place and stead
put and depute (trustees for registering deed) both of the Island
of
aforesaid, esquires, jointly and severally to be

CHARGE.

Jointure.

his true and lawful attornies and attorney for him the said (in-
tended husband), and in his name or otherwise, and at his costs
and expense, to appear before the registrar of deeds of the said
Island for the time being, or his lawful deputy or deputies, or other
officer or officers or person or persons competent for this purpose,
and to acknowledge the present indenture and also a certain bond
or obligation in writing of even date herewith under the hand of
the said (intended husband), as and for the act and deed and acts
and deeds of the said (intended husband), and his name and seal
hereunto and thereunto subscribed and affixed, to be the proper hand
writing and seal and proper hand writings and seals of him the said
(intended husband), and further for him the said (intended hus-
band) and in his name or otherwise at his costs and expense to do,
perform, and perfect all other acts, deeds, matters, and things what-
soever which shall be requisite or expedient in order to the register-
ing, inrolling, and recording these presents and the said bond or ob-
ligation in the registry or other proper office or offices in the said
Island of
, or otherwise rendering the same respectively
valid and effectual according to the laws and customs of the said
Island for the time being. IN WITNESS, &c.

CHARGE.

No CCLXXXIII.

*A Charge by a Tenant for life, of a sum of money upon Lands by way of Mortgage, in virtue of a power.

Mortgage (estate for life).

day of

in the

year

THIS INDENTURE made the
of the reign of, &c. and in the year of our Lord 18 BETWEEN
(the mortgagor) of, &c. of the first part, (the mortgagee) of, &c. of the
second part, and (a trustee) of, &c. of the third part. WHEREAS
by indentures of lease and release bearing date respectively on or
about the
purporting to be a settlement
made in contemplation of a marriage then intended, and which soon
afterwards took effect, between, &c. the release being of

day of

parts,

and made or expressed to be made between, &c. the several mes-
suages, &c. hereinafter described, were granted, released, and con-
veyed to the use of the said (mortgagor) and his assigns, for and
during the term of his natural life, without impeachment of waste, with
remainder to trustees therein named and their heirs, during the life
of the said (mortgagor), upon trust to preserve contingent remainders
thereinafter created, with remainders over as therein mentioned.
AND in the said indenture of release is contained a proviso, declara-
tion, and agreement, that, &c. [Recite verbatim the power enabling
the mortgagor to raise the sum by way of mortgage.] AND
WHEREAS the said (mortgagee) has this day lent unto the said
(mortgagor) the sum of £
and he is desirous in execution
of the aforesaid power to charge the said messuages, lands, tenements,
and hereditaments, with the payment thereof with interest, in the
manner hereinafter expressed. Now THIS INDENTURE WITNESSETH,
that for effectuating the purposes aforesaid, and for and in considera-
tion of the sum of £
of lawful money of the United King-
dom of Great Britain and Ireland, to him in hand well and truly paid
by the said (mortgagee), as is testified by the receipt or acknow-
ledgement thereof hereupon indorsed, he the said (mortgagor), in
pursuance and by force and virtue of the said power and authority,
in and by the said hereinbefore in part recited indenture of release

INDENTURE WITNESS.

FURTHER
WITNESS.

reserved or given to him, and in exercise thereof, and also in pursuance and by force and virtue, and in exercise of all and every other power and powers, authority and authorities, in anywise enabling him thereunto, hath charged and made chargeable, and by this present deed or writing, under his hand and seal, attested or intended to be attested by two credible persons, whose names are intended to be hereon indorsed, as witnesses to the due execution hereof, doth charge and make chargeable all and singular the messuages, lands, tenements, and hereditaments, by the said hereinbefore in part recited indenture of release of the

day of last, granted and demised as aforesaid, with all and singular the rights, members, and appurtenances to the same belonging, with the payment of the full sum of L of lawful money of the United Kingdom of Great Britain and Ireland, unto the said (mortgagee), his executors, administrators, and assigns, upon the

day of

now

next ensuing, with interest for the same from henceforth, after the rate of five per centum per annum, until repayment thereof. AND THIS INDENTURE FURTHER WITNESSETH, that for the considerations hereinbefore mentioned, and for better securing the payment thereof, with interest for the same after the rate aforesaid, [and for and in consideration of the sum of five shillings, of lawful money aforesaid, to the said (mortgagor) in hand paid by the said (trustee), at or before the sealing and delivery of these presents, the receipt whereof is hereby acknowledged,] he the said (mortgagor) in further pursuance, and by force and virtue of the said power and authority so reserved or given to him as aforesaid, and in further exercise thereof, and likewise in pursuance and by force and virtue of all and every other power and powers, authority and authorities, in anywise enabling him Demise of same thereto, hath granted, bargained, sold, and demised, and by this present deed or writing, so executed and attested as aforesaid, doth grant, bargain, sell, and demise unto the said (mortgagee), his executors, administrators, and assigns, all and singular the messuages, lands, tenements, and hereditaments hereinbefore expressed to be hereby charged and made chargeable with the payment of the sum of and interest as aforesaid, with their and every of their rights, members, and appurtenances, and all the estate, right, title, and interest of him the said (mortgagor) in, to, or concerning the same, &c. TO HAVE AND TO HOLD the said messuages, lands, tenements, and all and singular other the hereditaments hereinbefore expressed to be hereby demised, with their and every of their rights, members, and appurtenances, unto the said (mortgagee), his executors, administrators, and assigns, from the making of these presents,

premises for a term.