and

BONDS.

Pay (mortgage money).

further sum of L

being the said principal sum of L
interest for the same, after the rate aforesaid,
then next following, and which will be in the

one other half year's
on the
day of
year , (being the same days and times as are appointed in or by
the said in part recited indenture of release for payment of the same),
and do and shall make all and every the said payments, without any
deduction or abatement whatsoever, for or by reason of any taxes,
charges, assessments, impositions, cause, matter or thing what-
soever (1), and according to the true intent and meaning of the
covenant and proviso in the said in part recited indenture contained
in that behalf. THEN, &c. or else, &c.

(1) The condition of the bond is sometimes made to extend to the performance of the covenants contained in the mortgage deed, but as in the pleadings this may occasion difficulty in assigning the breach (for the money in the deed is made payable at a certain place, and in order, therefore, to prove breach of the covenant, the mortgagor must have attended there to receive the money), and consequently embarrass the mortgagee, the better mode is to confine the bond simply to the payment of the money borrowed and interest; see 1 Pow. Mortg. 22.

Mortgage bond should be confined to payment

of the money.

BONDS.

Pay off mortgage.

No. CCXXXIV.

*Bond from the Purchaser of an Equity of Redemption to Pay off the Mortgage Money (and indemnify the Mortgagor) (1).

Recital.

KNOW ALL MEN, &c. (2) WHEREAS by indenture of demise bearing date [or indentures of lease and release bearing date respectively on or about the

or about the

and

day of

days of

[if so] on which was in the year

and made or ́expressed to be made between the (mortgagor) of the one part, and the (mortgagee), therein described, of the other part, certain hereditaments, situate at, &c. and therein particularly described, were conveyed by the said (mortgagor) unto the said (mortgagee) in fee simple [or for the term of

on the

day of

years as the case was] for the securing the payment of the sum of £ then next ensuing, with interest in the mean time by equal half yearly payments after the rate of £ per annum. AND WHEREAS the said principal sum still remains due upon the said security, but all interest for the same hath been paid up to the day of last past. AND WHEREAS the said (mortgagor) hath sold the equity of redemption [and reversion] of the said hereditaments, subject to the said mortgage, and the same by indenture of assignment bearing or intended to bear even date with the above written obligation [or indentures of lease and release, the lease bearing date the day next before the date of the release, and the release bearing or intended to bear even date with the above written obligation], the same have been conveyed [or assigned] to him and his heirs, [or executors, administrators, and assigns], accordingly. AND the said (purchaser) hath agreed to enter into the above written obligation for payment thereof, and indemnifying the said CONDITION. (mortgagor) therefrom, in the manner hereinafter mentioned. Now

Obligation.

(1) See ante, MOD. PREC. Vol. I. 3d Edit. p.
(2) See ante, p. 77.

357 et seq. in notes.

THE CONDITION of the above written obligation is such, that if the
above bounden (obligor), his heirs, executors, or administrators, do
and shall well and truly pay or cause to be paid unto the said (mort-
gagee) his executors, administrators or assigns, the said principal
sum of £
with all interest to grow or become payable there-
upon, in full satisfaction and discharge of the said in part recited
mortgage and the covenant therein contained on the part of the said
(obligee) for payment of the same, and of and from the same and
every part thereof, and also all and all manner of actions, suits,
claims, and demands whatsoever, as well at law as in equity and
otherwise, of, from, or by the said (mortgagee), his executors, admi-
nistrators, or assigns, for, by reason, or in respect of the same or any
part thereof, in anywise howsoever, and all costs, charges, damages,
and expenses whatsoever, by reason of or in relation thereto, and do
and shall well and effectually save harmless and keep indemnified him
the said (obligee) his heirs, executors, administrators and assigns,
henceforth and for ever. THEN, &c.

BONDS.

Pay off mortgage.

BONDS.

Pay money (secured by deposit).

No. CCXXXV.

*Bond for Payment of Money advanced upon the deposit of Title

Deeds.

KNOW ALL MEN, &c. (1) WHEREAS the above named (obligee)
hath this day lent unto the above bounden (obligor), the sum of
L
, and for better securing the repayment thereof with
interest as hereinafter mentioned, the said (obligor) hath deposit-
ed certain title deeds mentioned in the schedule hereunder written or
hereunto annexed, or belonging to certain lands and hereditaments,
situated, &c. and as a further security for the said payment he hath
also agreed to enter into the above written obligation. Now THE

CONDITION. CONDITION of the above written obligation is such, that if the above
bounden (obligor) his heirs, executors, or administrators, do and
shall well and truly pay or cause to be paid unto the said (obligee),
his executors, administrators, and assigns, the full and clear sum of
£
of lawful money of the United Kingdom of Great Bri-
tain and Ireland, with interest for the same, after the rate of £5
for every £100 by the year, on the
ensuing the date of the above written obligation, full and clear of
all deductions and abatements whatsoever. THEN, &c.

day of

next

Obligation.

(1) See ante, p. 77.

No. CCXXXVI.

Bond by Husband to pay to Trustees a sum lent to him in pursuance of a power in Marriage Settlement.

BONDS.

Pay money (to trustees).

KNOW ALL MEN, &c. (1) WHEREAS in an indenture of release,
bearing date the
which was in the year

day of

, and made or expressed to be made between the said (husband) of the first part, the said (wife) of the second part, and the said (trustees) of the third part, purporting to be a settlement made in contemplation of a marriage then intended, and which afterwards took effect between the said (husband) and (wife) there is contained a proviso authorising the said (trustees), or other the trustees for the time being of the said settlement, at any time after the solemnization of the said marriage, upon the request in writing of the said (husband), to lend him out of the trust monies and securities therein mentioned, any sum of money not exceeding the sum of sterling, upon his executing a bond or obligation in writing for re-payment of the same, at the time and in the manner therein and hereinafter expressed. AND WHEREAS the said (trustees) in pursuance of the authority given to them by the said in part recited indenture have this day lent unto the said (husband) out of the trust monies in their hands, the sum of £ ; the receipt

of which said sum the said (husband) doth hereby acknowledge. NOW THE CONDITION of the above written obligation is such, that if CONDITION. the above bounden (husband), his heirs, executors, or administrators, or some person on his or their behalf, do and shall well and truly pay or cause to be paid unto the above named (trustees), or any or either of them, or the executors or administrators of the survivor of them, or their or his assigns, or other the trustees or trustee for the time being of the said in part recited settlement, the full sum of

(1) See the form of obligation ante, p. 77.