Conveyancing Act, 1881

THE FOURTH SCHEDULE. Sect. 57.

Short Forms of Deeds.

I.—Mortgage.

This Indenture of Mortgage made the day of 1882 between A. of [&c.] of the one part and B of [&c.] and C. of [&c.] the other part Witnesseth that in consideration of the sum of £ paid to A. by B. and C. out of money belonging to them on a joint account of which sum A. hereby acknowledges the receipt A. hereby covenants with B. and C. to pay to them on the day of 1882 the sum of £ with interest thereon in the meantime at the rate of [four] per centum per annum and also as long after that day as any principal money remains due under this mortgage to pay to B. and C. interest thereon at the same rate by equal half-yearly payments on the day of and the day of And this Indenture also Witnesseth that for the same consideration A. as beneficial owner hereby conveys to B. and C. All that [&c.] To hold to and to the use of B. and C. in fee simple subject to the proviso for redemption following (namely) that if A. or any person claiming under him shall on the day of 1882 pay to B. and C. the sum of £ and interest thereon at the rate aforesaid then B. and C. or the persons claiming under them will at the request and cost of A. or the persons claiming under him re-convey the premises to A. or the persons claiming under him And A. hereby covenants with B. as follows [here add covenant as to fire insurance or other special covenant required.]

In witness, &c.

II.—Further Charge.

This Indenture made the day of 18 between [the same parties as the foregoing mortgage] and supplemental to an indenture of mortgage dated the day of 18 and made between the same parties for securing the sum of £ and interest at [four] per centum per annum on property at [&c.] Witnesseth that in consideration of the further sum of £ paid to A. by B. and C. out of money belonging to them on a joint account [add receipt and covenant as in the foregoing mortgage] and further that all the property comprised in the before-mentioned indenture of mortgage shall stand charged with the payment to B. and C. of the sum of £ and the interest thereon herein-before covenanted to be paid as well as the sum of £ and interest secured by the same indenture.

In witness, &c.

III.—Conveyance on Sale.

This Indenture made the day of 1883 between A. of [&c.] of the 1st part B. of [&c.] and C. of [&c.] of the 2nd part and M. of [&c.] of the 3rd part Whereas by an indenture dated [&c.] and made between [&c.] the lands herein-after mentioned were conveyed by A. to B. and C. in fee simple by way of mortgage for securing £ and interest and by a supplemental indenture dated [&c.] and made between the same parties those lands were charged by A. with the payment to B. and C. of the further sum of £ and interest thereon And whereas a principal sum of £ remains due under the two before-mentioned indentures but all interest thereon has been paid as B. and C. hereby acknowledge Now this Indenture witnesseth that in consideration of the sum of £ paid by the direction of A. to B. and C. and of the sum of £ paid to A. those two sums making together the total sum of £ paid by M. for the purchase of the fee simple of the lands herein-after mentioned of which sum of £ B. and C. hereby acknowledge the receipt and of which total sum of £ A. hereby acknowledges the payment and receipt in manner before mentioned B. and C. as mortgagees and by the direction of A. as beneficial owner hereby convey and A. as beneficial owner hereby conveys and confirms to M. All that [&c.] To hold to and to the use of M. in fee simple discharged from all money secured by and from all claims under the before-mentioned indentures [Add, if required, And A. hereby acknowledges the right of M. to production of the documents of title mentioned in the Schedule hereto and to delivery of copies thereof and hereby undertakes for the safe custody thereof].

In witness, &c.

[The Schedule above referred to.

To contain list of documents retained by A.]

IV.—Marriage Settlement.

This Indenture made the day of 1882 between John M. of [&c.] of the 1st part Jane S. of [&c.] of the 2nd part and X. of [&c.] and Y. of [&c.] of the 3rd part Witnesseth that in consideration of the intended marriage between John M. and Jane S. John M. as settlor hereby conveys to X. and Y. All that [&c.] To hold to X. and Y. in fee simple to the use of John M. in fee simple until the marriage and after the marriage to the use of John M. during his life without impeachment of waste with remainder after his death to the use that Jane S. if she survives him may receive during the rest of her life a yearly jointure rentcharge of £ to commence from his death and to be paid by equal half-yearly payments the first thereof to be made at the end of six calendar months from his death if she is then living or if not a proportional part to be paid at her death and subject to the before-mentioned rentcharge to the use of X. and Y. for a term of five hundred years without impeachment of waste on the trusts herein-after declared and subject thereto to the use of the first and other sons of John M. and Jane S. successively according to seniority in tail male with remainder [insert here, if thought desirable, to the use of the same first and other sons successively according to seniority in tail with remainder] to the use of all the daughters of John M. and Jane S. in equal shares as tenants in common in tail with cross remainders between them in tail with remainder to the use of John M. in fee simple. [Insert trusts of term of 500 years for raising portions; also, if required, power to charge jointure and portions on a future marriage; also powers of sale, exchange, and partition, and other powers and provisions, if and as desired.]

In witness, &c.