No. CCLXXXI.

*A Charge (1) of a Bond-Debt on real Property by Indorsement on the Bond and deposit of title deeds.

CHARGE.

Debt.

and in

TO ALL TO WHOM IT MAY CONCERN, KNOW YE, that I the within
named (obligor) having deposited the title deeds of or relating to my
freehold and leasehold estates situated at, &c. for better securing the
payment of the within mentioned sum of £
, Do hereby
charge and make chargeable all and every my said freehold and lease-
hold estates with the payment of the said sum of £
terest, at the time and in the manner in or by the condition of the
within written bond mentioned for payment of the same. AND do
also promise and agree for myself, my heirs, executors, and adminis-
trators, that I and them shall and will at the request of the within
named (obligee), his executors, administrators, or assigns, make, do,
and execute, at my or their expense, all such further acts, convey-
ances and assurances in the law as shall be requisite for the more
effectually charging or making liable the said premises with the pay-
ment thereof in such manner as the counsel in the law of the said
(obligee), his executors, administrators, or assigns, shall reasonably
advise. As WITNESS my hand, this

day of

(1) See notes in No. CCLXXXVI. post. p. 300, also ante, MOD. Charge. PREC. Vol. I. p. 1, 3d Ed.

*. The ad valorem stamp, (if not exceeding £ 2) being impressed on Stamp. the bond accompanying the deposit of deeds, the common deed stamp only will be necessary upon the above instrument.-See post. Vol. IIÍ. "STAMP."

SUP.-VOL. II.

CHARGE.

Jointure.

No. CCLXXXII.

* A Charge of an Annuity to an intended Wife by way of Jointure, by owners of the Inheritance (1).

ment of even

date.

year of the reign, &c. and in the year of our Lord 18 BETWEEN (intended husband) formerly of the Island of in the West Indies, but now of, &c. of the first part, (intended wife) of, &c. of the second part, and (trustees) of, &c. [trustees named and appointed on the part of the said (intended wife) Recital of settle for the purposes hereinafter expressed] of the third part. WHEREAS by indenture of settlement bearing or intended to bear even date with these presents, and made or expressed to be made between, &c. the said (intended husband) in consideration of a marriage then intended to be forthwith had and solemnized between the said (intended husband) and (intended wife), covenanted and agreed to charge and make chargeable, by indenture to bear even date therewith (meaning this present indenture) all and singular the messuages, lands, tenements, plantations, and hereditaments hereinafter particularly described, with the payment of an annuity or yearly sum of £ to the said (intended wife) during the term of her natural life, in case she should survive him the said (intended husband) her intended husband, by way of jointure and in lieu of dower. Now THEREFORE THIS INDENTURE WITNESSETH, that in pursuance of the said agreement, and in consideration and contemplation of the said intended marriage, the said (intended hushusband charges. band) for himself, his heirs, executors, and administrators, doth hereby covenant, declare, promise, and agree with and to the said

WITNESS.

That on marriage taking effect intended

Plantations.

(1) The above charge was, it will be perceived, upon estates in the West Indies, but it is equally applicable, mutatis mutandis, to other hereditaments. See also other creations of Jointures, ante, Vol. I. Nos. C, CI. and post. COVENANT."

, and

in

CHARGE.

Jointure.

(trustees), their executors, administrators, and assigns, that in case the said intended marriage shall take effect, and in event of the said (intended wife) his said intended wife surviving him the said (intended husband), then and in such case all that and those the messuages, lands, tenements, plantations, and other the hereditaments of him the said (intended husband), situated and being in the Island of in the West Indies, numbered called or known by the name of and containing in the whole, by estimation, acres of land or thereabouts, English measure; and also all negroes, slaves, horses, mules, and cattle of all kinds, and increase and progeny thereof respectively, together with all and every the rights, members, and appurtenances to the said plantations, hereditaments, estates, and premises belonging, shall immediately after the decease of him the said (intended husband) become, stand, and be charged and chargeable with, and subject and liable to the payment of an annuity or clear yearly sum of £ of lawful money of the United Kingdom of Great Britain and Ireland, unto the said (intended wife) and her assigns, for the term of her natural life, and to be paid and payable at in England aforesaid, by two equal half-yearly payments on the day of and the day of every year, free and clear of all taxes, duties, payments, deductions, and abatements of every or any nature or kind soever, and the first payment thereof to be made (in full, as by computation from such of the said half-yearly days of payment as shall have happened next preceding his decease) on such of the said days or times of payment as shall happen next after the decease of the said (intended husband); and also a proportionable part of the said annuity or yearly sum of L from such of the said half-yearly days of payment as shall happen next before the decease of her the said (intended wife) up to the day or time of her decease. AND he the said (intended husband) doth by these presents, in the events aforesaid, charge and make chargeable all and singular the said messuages, lands, tenements, plantations, hereditaments, and premises, with the payment of the said yearly rent-charge or annual sum accordingly. AND THIS INDENTURE FURTHER WITNESSETH, that for the consideration aforesaid and for the further securing the payment of the said annuity or yearly rent-charge of L ; and in consideration of term of years. the sum of five shillings of lawful money of England to the said (intended husband), paid by the said (trustees) upon the sealing and delivering of these presents, (the receipt whereof is hereby acknowledged) HE the said (intended husband) hath granted, bargained,

FURTHER WITNESS. Demise of the

premises for a

CHARGE.

Jointure.

sold, and demised, and by these presents doth, at the request and nomination of the said (intended wife) (testified by her being a party to and executing these presents) grant, bargain, sell, and demise unto the said (trustees) all that and those the said messuages or tenements, lands, plantations, hereditaments, and premises hereinbefore charged and made chargeable with the payment of the said annuity or yearly rent-charge of £ , or expressed or intended so to be as aforesaid, together with all and singular the rights, members, and appurtenances whatsoever, to or with the said plantations and premises belonging or therewith enjoyed; 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 (intended husband), in, to, or respecting the same or any of To hold to trus- them, TO HAVE AND TO HOLD the said messuages or tenements, plantations, lands, and all and singular other the hereditaments and premises hereby granted, bargained, sold, and demised, or expressed or intended so to be, unto the said (trustees), their executors, administrators, and assigns, from the day of the decease of the said (intended husband) (if the said (intended wife) his intended wife shall be then living) for the term of ninety-nine years then next ensuing, in case the said (intended wife) shall so long live, or any part of the said annuity or yearly rent-charge shall be then in arrear, In trust to per- without impeachment of waste; IN TRUST nevertheless to permit the heirs, executors, administrators, and assigns respectively, of the said ceive rents, &c. (intended husband), to receive the rents and profits of the said hereditaments and premises until default shall happen to be made in payment of the said annuity or yearly rent-charge of £

tee from death of husband.

mit heirs, &c. of husband to re

till rent-charge

in arrear.

And out of

rents, &c. or by

to pay said ar

rears.

or

some part thereof, at the times or in the manner herein before appointed for payment thereof. AND upon further trust, that in case sale or mortgage the same annuity or yearly rent-charge shall happen to be in arrear for the space of sixty days next after any of the days of payment whereon the same is so appointed to be paid as aforesaid (although the same shall not have been lawfully demanded), then and as often as the same shall happen, it shall be lawful for the said (trustees) and the survivor of them, and the heirs, executors, and administrators respectively of the survivor, and they and each of them are and is hereby required by and from the rents, profits, and produce of the said hereditaments and premises, or by demising or selling the same or any part thereof, either absolutely or by way of mortgage for all or any part of the said term of ninety-nine years, or by such other ways or means as to them or him shall seem meet, to raise and levy all or any part or such sum of money as shall be sufficient to pay and

or so

satisfy the said annuity or yearly rent-charge of L
much thereof as shall be in arrear, together with all costs, charges,
damages, and expenses attending the execution of the said trusts.
AND in trust to pay over unto the heirs, executors, administrators,
or assigns of the said (intended husband), or permit him and them
to receive and take the residue or overplus of the said rents, profits,
and produce of the same premises for his and their own use and
benefit. AND it is hereby expressly declared that the receipt of them
or of either of them the said (trustees), or of any other trustees or
trustee who may hereafter be appointed or become trustees or a trus-
tee in their or either of their place or stead, shall from time to time
be a good and sufficient discharge to any mortgagee, purchaser,
tenant, bailiff, attorney, agent, receiver, or other person or persons
who shall or may advance or pay any money or other property under
or by virtue of these presents, and he, they, or any or either of them
shall not be liable to see to the application thereof or any part there-
of, nor bound to enquire into the necessity or occasion of any such
money or property being advanced, paid, raised, or levied; Provided
always, nevertheless, and it is hereby declared by and between the
said parties to these presents, that upon the decease of the said (in-
tended wife) and full payment of all arrears of the said annuity or
yearly rent-charge of £
and all costs, damages, and ex-
penses attending the execution of the aforesaid trusts, the said term
of ninety-nine years, or so much thereof as shall then remain unex-
pired or undisposed of for the purposes aforesaid, shall cease and de-
termine. AND the said (intended husband), for himself, his heirs,
executors, and administrators, doth hereby covenant, promise, grant,
and agree with and to the said (trustees), their executors, adminis-
trators, and assigns, that the heirs, executors, or administrators of
him the said (intended husband) shall and will during the natural
life of the said (intended wife), in case she shall survive him, well
and truly pay unto or for the use and benefit of the said (intended
wife), her executors, administrators, and assigns, the said annuity
or yearly rent-charge of £
of lawful money of Great Britain,
at the times and in the manner hereinbefore appointed for payment
of the same, and according to the true intent and meaning of these
presents, without making any deduction or abatement whatsoever
therefrom or thereout. AND also that all and singular the mes-
suages, lands, plantations, hereditaments, and premises so hereby
charged with the payment of the said annuity or yearly rent-charge,
shall at all times, during the continuance thereof, be subject to the
entry and distress of the said (intended wife) her exccutors, ad-

CHARGE.

Jointure.

And surplus to husband.

heirs, &c. of

Covenant by

husband that his

heirs, &c. wil! pay the rentcharge.

And that pre

mises shall re

main chargeable.