CHARGE.

Money (feme covert).

No. CCLXXXV.

*A Charge by a Feme Covert of a Sum of Money upon settled Premises, for her own use, in pursuance of a Power.

Recital of settlement and power.

WITNESS.

Wife charges settled-premises

of £

THIS INDENTURE made the

day of

in the

year, &c. and in the year of our Lord 18 BETWEEN (wife)

now the wife of (husband) of, &c. formerly spinster of the one part, and (trustees) of, &c. of the other part. WHEREAS, &c. [recite shortly the settlement and full power to charge]. AND WHEREAS the said (wife) is desirous, in pursuance of the said in part recited power, of charging the said messuages, lands and hereditaments comprised in the said indenture of release, with the payment of the sum of £ at the time, in the manner, and for the purposes hereinafter mentioned. NOW THIS INDENTURE WITNESSETH, that for effectuating the said intention of the said (wife), she the said with re-payment (wife) in pursuance and by force and virtue of the power or authority in and by the hereinbefore in part recited indenture of release reserved and given to her in that behalf, and in exercise thereof, and of all and every other power and powers, authority and authorities, in anywise enabling her thereunto, HATH charged and made chargeable and liable, and by this present deed or writing under her hand and seal, attested by two credible persons, whose names are intended to be hereon indorsed as witnesses to the same, DOTH charge and make chargeable and liable ALL and singular the messuages, lands, tenements and hereditaments which are comprised or described in the hereinbefore in part recited indenture of release of, or mentioned to bear date, the day of and thereby granted and released or otherwise assured or expressed or intended so to be, with all and singular the rights, members and appurtenances to the same several hereditaments belonging or in anywise appertaining with and to the payment of the full sum of £ of lawful

money of the United Kingdom of Great Britain and Ireland, unto the said (trustees), their executors, administrators and assigns, or

CHARGE.

Money

(feme covert).

FURTHER

WITNESS. Demise of the

unto the survivor of them, his executors, administrators and assigns, upon the day of now next ensuing the date hereof, with interest for the same, from thenceforth, after the rate of five per cent. per annum until the same shall be raised and paid; BUT NEVERTHELESS upon the trusts, for the uses, intents, and purposes hereinafter declared and expressed concerning the same. AND THIS INDENTURE FURTHER WITNESSETH, that for the better raising and securing the payment of the said principal sum of £ and interest [and for and in consideration of the premises. sum of 58. of lawful money aforesaid to the said (wife) in hand paid by the said (trustees) at or before the sealing and delivery of these presents the receipt whereof she doth hereby acknowledge], she, the said (wife), in further pursuance and exercise, and by force and virtue of the power or authority, and powers or authorities aforesaid, HATH bargained, sold, limited, appointed and demised, and by this present deed or writing so executed and attested as hereinbefore mentioned, DOTH bargain, sell, limit, appoint and demise unto the said (trustees), their executors, administrators and assigns, ALL and singular the said messuages, lands, tenements and hereditaments hereinbefore by these presents charged and made chargeable and liable as aforesaid, or expressed or intended so to be, with their and every of their rights, members and appurtenances, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, AND all the estate, right, title, use, trust, property, profit, claim and demand whatsoever at law or in equity of her the said (wife), of, into or out of the same, and every part and parcel thereof, TO HAVE AND ΤΟ HOLD the said messuages, TO HOLD for a lands, tenements, and all and singular the hereditaments hereinbefore term of years. limited, appointed and demised, or otherwise assured or intended so to be, with their and every of their rights, members and appurtenances, unto and by them the said (trustees), their executors, administrators and assigns, from the making of these presents, from and during and until the full end and term of years from thence next ensuing, and fully to be complete and ended, without impeachment of or for any manner of waste; PROVIDED always nevertheless, and these presents are upon this express condition, that if the person or persons who shall, for the time being, be entitled to the freehold, reversion and inheritance of the said hereditaments, expectant upon the determination of the said term of

years hereby demised, do and shall well and truly pay or cause to be paid unto the said (trustees), or to the survivor of them, his execu

SUP.-VOL. II.

X

Charge to cease reversioner.

on payment by

CHARGE.

Money

(feme covert).

FURTHER

WITNESS. Declaration of trusts of sum charged.

tors or administrators, or unto their or his assigns, the sum of £
of lawful money aforesaid with interest for the same, after the rate of
five per cent, without any deduction, defalcation or abatement out of
the same or any part thereof respectively, for or in respect of any
taxes, charges, assessments, payments or other matter or thing
whatsoever, then and in such case, and from thenceforth, the limita-
tion, appointment and demise hereby made, and the said term of
years hereby created shall cease, determine and be ab-
solutely void to all intents and purposes whatsoever, anything here-
inbefore contained to the contrary thereof in anywise notwithstanding.
AND THIS INDENTURE FURTHER WITNESSETH, and the said (wife)
doth hereby declare, direct and appoint, that the aforesaid (trustees),
and the survivor of them, and the executors and administrators of
the survivor, shall stand possessed of and interested in the said prin-
cipal sum of £
and the interest thereof upon the trusts
and for the ends, intents and purposes next hereinafter mentioned,
(that is to say) in trust to pay the said principal and interest
monies, as and when the same shall be received, into the pro-
per hands of her the said (wife) for her own sole, separate and pecu-
liar use and benefit, to the end and intent that the same or any part
thereof may not nor shall be in anywise liable to the debts, contracts,
engagements or control of the said (husband) her husband (and for
which her receipts alone shall be a sufficient discharge and sufficient
discharges), and subject to the directions and trusts aforesaid, and until
full execution thereof, do and shall stand and be possessed of and
interested in the said principal and interest monies, or so much
thereof as at any time shall not have been paid to the said (wife) in
pursuance of the said directions, in trust for such person and persons,
and to and for such ends, intents and purposes, and under and sub-
ject to such provisos, directions, declarations and agreements, and in
such parts and proportions, and manner and form, as she the said
(wife) shall at any time or times, and from time to time during her
life, notwithstanding her coverture, and whether covert or sole, by
any deed or deeds, writing or writings, to be signed by her in the pre-
sence of and attested by two or more credible witnesses, or by her last
will and testament in writing, or any writing purporting to be or be-
ing in the nature of her last will and testament, or any codicil thereto,
to be respectively by her signed and published in the presence of and
attested by the like number of credible witnesses, direct or appoint
and in default of such direction or appointment, and as to so much
of the said trust-monies, of which none shall be so made or given or

which shall not take effect, and which shall not have been paid into her own hands, then, from and immediately after the decease of the said (wife) in trust for the next of kin of her the said (wife), and upon or for no other trust, intent or purpose whatsoever. IN WITNESS, &c.

CHARGE.

Money (feme covert).

CHARGE.

Mortgage (further).

No. CCLXXXVI.

A Charge (further) by Indorsement (1) upon a Mortgage of
Freehold (2) or other Premises, for securing the Payment of a
Sum advanced since the original Mortgage (3).

Variations where it is for securing the payment of further Sums
Also where a further Sum has been already

to be advanced.

charged.

year of the reign, &c. and in the year of our Lord 18

in the

BE

Further charge better by indorsement.

Different kinds of property.

Mortgagee advancing a further sum has priority.

Tacking.

(1) A further charge may be by a distinct instrument; but, to prevent its being separated from the original mortgage, it will be adviseable that it should be by indorsement.

(2) This precedent has been so framed as to need but little variation, whatever be the nature of the property charged; should, however, for any reason, the parties wish to have the charge made by a separate deed, then the recital of the mortgage must correspond with the different species of property.

(3) A mortgagee advancing a further sum to the mortgagor will have priority to all mesne incumbrances, unless he have express notice of them before advancing the additional sum; Bedford v. Backhouse, 2 Eq. Ca. Ab. 615, pl. 12; Wrightson v. Hudson, ib. 609, pl. 7; Shepherd v. Tilley, 2 Atk. 325: and although the mesne incumbrance be registered, it will make no difference, as the mortgagee is not bound to search the register office; nor is registry alone a legal notice; and "the English registry acts only avoid prior charges not registered, but do not give subsequent conveyances any further force against prior registered ones than they had before," ibid.; but it seems to be otherwise of the Irish registry acts. See Bushell v. Bushell, 1 Sch. and Lef. 90; Latouch v. Lord Dunsany, ib. 137.

It is a settled rule that a prior mortgagee may tack a judgment to his mortgage, though subsequent in time to a second mortgagee, so that he have not at the time notice of the second mortgage; Marsh v. Lee, 2 Vent. 337; 1 Ch. Ca. 162; Shepherd v. Tilley, 2 Atk. 325; Brace v. Marlborough, 2 P. Wms. 494 ; for when a mortgagee makes a subsequent advance of money, the court will intend that he makes it on the security of the land as to both sums; Ex-parte Knott, 11 Ves. 617;