ATTORNMENTS.

Tenants

(to Mortgagee,

&c.)

No. CLVIII.

Directions by a Mortgagor, or an Annuitant, for the Attornment of Tenants (1) to secure Arrears-(indorsed on the Deed). Variation where it is ordered by assignees of a bankrupt.

TO ALL TO WHOM IT MAY CONCERN the within named (mort-
gagor or annuitant) SENDS GREETING. WHEREAS there is now
due to the within named (mortgagee or annuitant) under the
within written indenture the sum of £
[for which he hath

obtained judgment in ejectment (or as the case may be)] as of
term last. Now KNOW YE, that for the better raising and satisfying
the arrears of the said interest [or annuity], the said (mortgagor or
annuitant) doth hereby direct the several tenants of the messuages,
lands, and hereditaments within described, to attorn and become
tenants of the same to the said (mortgagee or annuitant), and pay
the rents, and arrears of rent due and to become due in respect thereof
to him the said (mortgagee or annuitant), his executors, administra-
tors and assigns, from henceforth, until all arrears of the said interest
[or annuity] now due, and which shall hereafter grow due in respect

(1) Attornments by tenants were formerly very common, but being rendered unnecessary by 4 and 5 An. c. 16. and 11 Geo. 2. c. 19. they are now seldom had recourse to, unless for the purpose of creating a privity of estate between tenants and a new landlord under a mortgage, or the like, in order to enable him to distrain for rent in arrear, in cases where he otherwise could not; or where the tenants claim under a lease granted by the mortgagor subsequently to his having executed a mortgage deed, when the attornment of the tenants to the mortgagee will, by creating a holding of the mortgagee, give him a power of distress, and to which the tenants are generally consenting rather than be evicted under an ejectment; or where the mortgagor is in the possession of the premises mortgaged, when he sometimes attorns to the mortgagee, as his tenant at interest rent; so also attornments are sometimes directed to be made to receivers appointed by the Court of Chancery; and by assignees of a bankrupt mortgagor; and on recoveries in ejectment an attornment is likewise often procured of the tenants to prevent the expences of a writ of possession; I have therefore, notwithstanding the above acts, inserted forms to serve as precedents in those cases.

ATTORNMENTS.

Tenants

(to Mortgagee, &c.)

Assignees of
Bankrupt.

of the said principal money [or annuity], and also all costs and charges incurred or to be incurred, at law or in equity, in anywise relating to the same, whereof due notice to you respectively shall be given by me. [AND the said (mortgagor or annuitant) doth hereby further direct and agree that the said (mortgagee or annuitant), his execu tors, administrators and assigns, shall and may let all such parts of the said premises as now are, or shall at any time hereafter be untenanted, to any person or persons whomsoever, for the best or other sufficient yearly rent or rents, without any premium or foregift being taken for the same.] IN WITNESS, &c. (1)

(mortgagor or annuitant).

(1) If the directions to attorn be given by the assignees of a bankrupt mortgagor, vary the form, thus,

"TO ALL TO WHOM, &c. as above, We (assignees) being the assignees of the within mentioned premises under a commission of bankrupt, bearing date, &c. awarded and issued against the within named (mortgagor), SEND GREETING, WHEREAS, &c. Now KNOW, &c. proceeding as above, mutatis mutandis, and concluding with, AND for your so doing these presents shall be to every of a you sufficient authority and indemnity."

Stamp.

*

No stamp should seem to be necessary upon the above directions, or on the subsequent attornments, they not being expressly mentioned in stat. 55 Geo. III. c. 184. nor appearing to come within the description of any of the instruments requiring a stamp under that act, unless where the attornment contain also an AGREEMENT on the part of the tenants, in which case, quære, whether it should not be impressed with a stamp duty of £1, if the annual rent of the premises exceed £20.

No. CLIX.

*An Attornment by Tenants to a Mortgagee where their leases were subsequent to the mortgage (1).

BE IT KNOWN TO ALL WHOM IT MAY CONCERN, that we whose names
are hereunto subscribed, being tenants in possession of the several
messuages or farms and lands mentioned opposite to our respective
names in the schedule hereunder written, by virtue of certain inden-
tures of lease to us respectively granted by (mortgagor) of, &c.
(ALL of which said leases bear date subsequently to the date of a cer-
tain indenture, produced to us respectively bearing date the

day of
and purporting to be a mortgage of the said heredita-
ments by the said (mortgagor) to (mortgagee) of, &c. Do and each
of us by the direction of the said (mortgagor) (testified by his signing
hereof), DOTH hereby severally attorn and become tenants of the said
several messuages, farms, and lands unto him the said (mortgagee).
AND we do hereby severally undertake and agree, by such direction
as aforesaid, to pay over our several rents, when and as often as the
same shall respectively become due, unto him the said (mortgagee),
his appointees or assigns, until legal notice shall be to us respectively
given to the contrary. In testimony of which said attornment and
tenancy we have severally paid unto the said (mortgagee) the sum of
one shilling in the name of attornment, and in part of the rents so
due or to become due and payable from us respectively as aforesaid.
As witness our hands, this
day of

ATTORNMENTS.

Tenants

(in ejectment).

No. CLX.

*An Attornment by Tenants to a Mortgagee or other person after Judgment in Ejectment (1).

BE IT KNOWN UNTO ALL WHOM IT MAY CONCERN, that declarations on the demise of (mortgagee) of, &c. in ejectment, having been delivered to each of us whose names and seals are hereunto subscribed and set, (being respectively tenants or occupiers of or from (mortgagor) of, &c. of the messuages, farms and lands mentioned opposite to our respective names in the schedule hereunder written), in order to the recovering possession of the same premises. AND whereas the said (mortgagor), after notice of such declaration in ejectment, hath as we are advised suffered judgment by default to be entered of record for the plaintiff in ejectment, or his lessors in the said action. NOW KNOW YE, that we whose names are so subscribed and seals affixed as aforesaid have, and each of us (so far as respects the messuage or messuages, farm and lands mentioned opposite to our respective names in the schedule to these presents, and now in the occupation of himself, or his under tenant, at the yearly rent therein mentioned), hath attorned and become tenants and tenant, and by these presents do, and each of us doth attorn and become tenants and tenant to the said (mortgagee) for and in respect of the same several messuages, farms and lands, and every of them [and in testimony of such attornment, we the said several tenants, parties hereto, have paid to the said (mortgagee) the sum of sixpence each. And we do hereby promise and agree henceforth severally to pay, or cause to be paid, our respective rents due and payable, and to become due and payable for the said respective farms, lands and hereditaments set forth in the said schedule to the said (mortgagee), his executors, adminis

(1) See ante, p. 571. n. (1).

trators or assigns; and shall and will, on the several expirations of their respective leases or tenancies, deliver up the possession of the premises by us held respectively to the said (mortgagee), and not to any other person or persons, unless otherwise compelled or directed by the judgment, order or decree of some court of law or equity.] IN WITNESS, &c.

(tenants).

ATTORNMENTS.

Tenants

(in ejectment).

SCHEDULE

ABOVE REFERRED TO.

See form given ante, p. 573.