HARGE.

Mortgage (further).

to time unto the said (mortgagee), his executors, administrators or
so now advanced
assigns, the interest of the said sum of £
by him to the said (mortgagor) as hereinbefore is mentioned, or so
much thereof as for the time being should be in arrear; and the
said (mortgagor) doth hereby declare that the receipt of the said
(mortgagee), his executors, administrators or assigns, shall at all
times be an effectual discharge for the same, or for so much thereof
as in any such receipt shall be expressed or acknowledged to be re-
ceived." IN WITNESS, &c.

No. CCLXXXVII.

*A Charge (further) upon Mortgaged Premises by Indorsement, where a power of Sale was given to the Mortgagee.

CHARGE.

Mortgage (further).

year, &c. and in the year of our Lord 18 BETWEEN the within
named (mortgagor) of the one part, and the within named (mort-
gagee) of the other part. WHEREAS the within mentioned princi-
pal sum of £
still remains owing to the said (mortgagee)
upon the security of the within mentioned lands and hereditaments,
but all interest for the same hath been paid up to the

day

of
last. AND WHEREAS the said (mortgagor) is also in-
debted to the said (mortgagee) in the further sum of £
since advanced to him, and which he hath agreed to secure by a
further charge upon the said hereditaments, in the manner here-
inafter expressed. NOW THIS INDENTURE WITNESSETH, that in con-
sideration of the said sum of £
so advanced by
the said (mortgagee) since the execution of the within written in-
denture, and now due to him by the said (mortgagor) (and of which
advancement and debt, by reason thereof, the said (mortgagor)
doth hereby acknowledge), he the said (mortgagor) doth hereby
for himself, his heirs, executors, and administrators, charge and
make chargeable and liable, all and singular the messuages, lands,
and hereditaments comprised in the within written indenture, with
and to the payment unto him the said (mortgagee), his executors,
administrators, and assigns, as well of the said sum of £

so now lastly advanced as aforesaid, with interest for the same
after the rate of five per centum per annum, as for the payment
of the within mentioned sum of £
and interest.

AND doth hereby declare and agree that the said messuages, lands,
and hereditaments, or any of them, or any part thereof, shall not be
redeemed or redeemable, or subject or liable to any right, power, or

WITNESS. Mortgagor charges within premises with

further sum.

CHARGE.

Mortgage (further).

Application of produce of sale.

Leaseholds.
Covenants.

equity of redemption, of or by him the said (mortgagor), his heirs (1),
executors, or administrators, until full payment and satisfaction, as
well of the said last mentioned sum of £
and interest, as
of the said within mentioned sum of £
and interest.
AND further, that if and when the said messuages, lands, and here-
ditaments comprised in the said recited indenture, or any part
thereof, shall be sold or otherwise disposed of in pursuance of the
within mentioned power or authority given in that behalf, all and
every the sum and sums of money which shall or may be produced
or arise from any such sale or disposition, (or the surplus thereof
after payment of the principal and interest money, and costs, charges,
and expenses, within mentioned,) shall be subject and liable to the
payment of the said sum of £
and interest, or so much
thereof as at the time of any such sale or disposition shall remain
or afterwards become due and be unpaid; and that he the said
(mortgagee), his executors, administrators, and assigns, shall or law-
fully may retain and pay the same out of or by means thereof, in like
manner as he and they is and are authorised or empowered to retain
and pay the within mentioned sum of L
and interest,

and as if the same had been originally secured upon the within
mentioned hereditaments by the within written indenture. AND,
&c. [Add covenant to pay, &c.] (2).

(1) If the premises be leasehold omit the word "heirs."
(2) See ante, p. 304, et seq.

No. CCLXXXVIII.

*A Charge upon Poor Rates by Guardians of the Poor (1).

By virtue of an Act made in the twenty-second year of the reign of
his Majesty King George the Third, intituled An Act for the better
relief and employment of the poor, WE, A. B. visitor, and C. D.
guardian, of the poor for the parish [or township, as the case shall
be] of E. in the county, city, &c. of
in consideration of the
for the pur-

sum of £
, to us in hand paid by
chase of or purchasing, building, erecting, repairing, fitting up, or
furnishing, &c. [as the case shall be] a convenient house, buildings,
and offices for the reception, accommodation, and employment of the
poor of the said parish or township, and for providing suitable stock
and utensils for that purpose, do hereby charge the poor's rates to
be hereafter made, and the several sums of money to be raised there-
upon within the said parish, [or township, as the case shall be] with
the payment of the said principal sum and interest, after the rate of
per centum per annum, half-yearly, as the same shall become

due.

CHARGE.

Poor Rates (workhouse).

(1) By act of 22 Geo. 3. c. 83. for the better relief and employment 22 Geo. 3.c.83. of the poor (sec. 20.) the visitors and guardians of the poor, appointed under that act, when the expenses of erecting or repairing any buildings for the use of the poor of any parish or place shall exceed £100 or upwards, are authorised to borrow the same at interest, and secure the money borrowed upon the poor's rates, not exceeding £50 for each parish or place, by an instrument to the effect of that given above, and which may be assigned or transferred at pleasure, by writing indorsed thereupon to the following effect:

"I do transfer this security, with all my right and title to the Assignment, principal money secured, and to all the interest money now due or

hereafter to be due, unto C. D., his executors, administrators, and

assigns, dated this

day of

WITNESS-E. F.

A. B.

CHARTERPARTY.

Affreightment.

No. CCLXXXIX.

*A General Charterparty of Affreightment (common form (1)).

WITNESS.

THIS CHARTERPARTY OF AFFREIGHTMENT, indented and made
the
in the year of our Lord 18

day of

BETWEEN

(owner) owner [or master] of the ship or vessel called the
of the burthen of
tons or thereabouts (2), now lying in the
port of
of the one part, and (freighter) of, &c. merchant,
freighter of the said ship or vessel of the other part (3), WITNESSETH,

Charterparty.

Form.

Burthen.

East India
Company.

(1) A charterparty of affreightment is an agreement between the owner or master of a vessel, and a merchant or other person, for the hire of the vessel, or a part of it, for the conveyance of goods to the place to which they are destined; and the freight or affreightment is the sum to be paid by such merchant, or other person, for the carriage

of them.

No particular form is required by law for the validity of a charterparty, but usage amongst merchants has established that given above, variable, however, so as to meet the actual agreement between the parties.

(2) It is generally considered proper to mention the ship's burthen, to prevent a misunderstanding as to the amount of the cargo covenanted by the owner or master to be taken on board; but notwithstanding the burthen of the ship be mentioned it has been held, that if she can conveniently carry more, and the hire be for a full cargo, freight will be payable for the whole that she can carry; see Hunter v. Fry, 2 Bar. and Ald. 421.

(3) If the ship is freighted for the service of the East India Company, say,

"AND the united company of merchants of England trading to the East Indies of the other part, witnesseth, that the said part owners, for themselves and the rest of the owners of the said ship, and the said master for himself, his executors and administrators, have granted and let to freight all the said ship unto the said united company; and that the said united company have hired and taken to freight all the said ship, for a voyage with her to be made (by God's