Mortgagee under Reference to lease for a year. PURCHASES. ances, and appurtenances whatsoever to the said messuages, lands, tenements, hereditaments, Power of Sale. and premises, or any of them, or any part thereof respectively belonging, [or in any wise appertaining, or reputed or deemed so to be, or with the same or any of them, now or heretofore holden, used, occupied, or enjoyed]. ALL which said messuages, lands, tenements, and hereditaments, are now in the actual possession of, or legally vested in the said (purchaser) by virtue of a bargain and sale to him thereof made by the said (mortgagee) (for five shillings consideration), by indenture bearing date on the day next before the day of the date of these presents, for the term of one year commencing from the day next preceding the day of the date of the same indenture (and by force of the statute made for transferring uses into possession), and the reversion and reversions, remainder and remainders, of and in the said hereditaments and premises, and the rents, issues, profits, and proceeds thereof. AND all the estate, right, title, interest, use, trust, property, possession, possibility, claim, and demand whatsoever, both at law and in equity, of him the said (mortgagee), in, to, out of, upon, or respecting the said hereditaments and premises, or any part thereof, under or by virtue of the said in part recited indenture of lease and release, or otherwise howsoever : [TOGETHER with all deeds, muniments, writings, and evidences of title whatsoever, in any wise relating to the same hereditaments and premises, Power of Sale. or any part thereof (1), which now are, or here- PURCHASES. after shall or may be in the possession or lawful Mortgagee under power of the said (mortgagee), or his heirs, executors, or administrators, or of any person or persons from whom he or they can or may procure the same, without action or suit at law or in equity. TO HAVE AND TO HOLD the messuages, lands, tene- To HOLD to the purchaser ments, hereditaments, and all and singular other in fee. the premises hereinbefore, and in the said indenture of bargain and sale described, and hereby granted and released, or otherwise assured or intended so to be, with their and every of their rights, members, and appurtenances unto the said (purchaser) and his heirs, "to and for the use and behoof of him the said (purchaser) his heirs and assigns for ever," (2) freed and absolutely discharged and for ever exonerated of and from Discharged the said principal sum of £ and all interest of or for the same, or any part thereof, and all claims and demands whatsoever, for or in relation from the said mortgage debt. (1) If the smaller part only of the mortgaged premises are Part sold. sold, and the title deeds in the mortgagee's possession not to be delivered to the purchaser, make this part of the deed relative to deeds and copies conformably to No. XXXVI. p. 132, n. (1). (2) If the conveyance is intended to be taken to uses to bar Uses to bar wife's title to dower, omit the words within inverted commas, and say, "Unto the said (purchaser) and his heirs, to and for the uses, ends, and purposes hereinbefore expressed concerning the same, that is to say," Add the limitation referred, ante, No. XXXI. p. 10, n. (3). dower. Mortgagee under PURCHASES. thereto, in any manner howsoever. AND the said, &c. (1). AND the said (mortgagee) for himself, his heirs, executors, and administrators, doth hereby covenant, declare, and agree, with and to the said (purchaser) his heirs and assigns, in the manner following, that is to say, that for and notwithstanding, &c. (covenants by the mortgagee for the title, quiet enjoyment, and further assurance, as in the case of a vendor in ordinary cases) (2). IN WITNESS, &c. (3). Trustee. Covenant for title. Outstanding term. Rent charge. Production of deeds. Provisoes, &c. (1) If the mortgage conveyance was to a trustee, add here covenant by such trustee that he has not incumbered. (2) In conveyances by mortgagees where the mortgagor joins, the only covenant, the student has perceived, which the mortgagee enters into, is that he has not incumbered; but in the present case where he is not only owner at law of the estate by breach of the condition for redemption by the mortgagor, but also in equity by reason of the power of sale, and is also entitled to a considerable part (perhaps the whole) of the purchase money, without which it is not to be supposed the power of sale would have been given, it is reasonable that he should enter into the usual covenants for the title, &c. as in the case of sales by other beneficial owners of estates, or of their produce on sale. (3) If there be an outstanding term, which is to be assigned, or surrendered, see unte, No. XXXI. p. 34. If the premises are subject to a rent-charge, or the like, see Vol. I. p. 212. 427. If any of the title deeds are retained by the vendor or his predecessors in title, add a covenant for their production, or otherwise as directed, Vol, I. No. XVI. p. 183, 196, and ante, p. 39, For various covenants, provisoes, clauses, &c. to be inserted when required by particular circumstances attending the title, or by agreement of parties, see variations, Vol. I. No. XVI, p. 188, et seq. *As to the stamp to be impressed, see Vol. I. INTRODUC- PURChases. TION, p. xcvi. also 4 Elem. Conv. 2d edit. p. 86. As to the execution, attestation, receipt for consideration money, &c. &c. see Vol. I. No. XV. p. 158. n. (82); No. XVI. p. 184. n. 28. et seq.; and see also INTRODUCTION, Vol. I. p. xliv. and lxxxiv. et seq. also 4 Elem. Conv. 2d edit. p. 88. et seq. Mortgagee under Stamp. Execution, &c. solicitor. N. B. Although the mortgagee under a power of sale can Direction to sell without any concurrence on the part of the mortgagor, yet it will be proper that the mortgagee's solicitor should give some previous notice of his intention to sell, and the time and place of sale, (which should be by public auction) in case the principal and interest due upon the mortgage shall not be sooner paid off; and on the completion of the sale the mortgagee should state and send to the mortgagor an account of the produce, expenses, &c. &c. and the surplus balance in hand, and name a time when he will pay it over to him, or as he may direct, at which time he should tender such balance, and if rejected, or if there be no attendance for the receipt of it, invest it in the 3 per cent. consol. Bank annuities, in the name of the mortgagor, giving him notice of this having been done. PURCHASES. Vendor under Land Tax Act. No. LV. Conveyance of Freehold Hereditaments to a Purchaser under the Land Tax Redemption Acts. THIS INDENTURE made the in the Parties. year of our Lord of, &c. Recital of 42 Geo. III. of, &c. day of year of the reign, &c. and in the BETWEEN (the vendor) of the first part, (the commissioners) two of the commissioners specially appointed by his majesty's royal sign manual, or other competent authority, to carry into execution the several acts of parliament made and now in force for the redemption and purchase of the land-tax in the county of, &c. of the second part, and (the purchaser) of, &c. of the third part. WHEREAS, &c. (recital of will devising the estate to the vendor, &c.). AND WHEREAS, by an act of parliament made and passed in the forty-second year of his late majesty, King George the Third, intituled "an act for consolidating the provisions of the several acts passed for the redemption and sale of the land-tax into one act, and for making further provisions for the redemption and sale thereof, and for removing doubts respecting the right of persons claiming to vote at elections for knights |