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the mortgagor that the premises shall stand and be a security as well for the last sum advanced and interest as for the former loan, and that the mortgagee shall stand seised of the premises “ in trust, out of the rents and profits of the hereditaments to raise such sums of money as will pay off as well the sum last advanced and interest as the former sum and interest, and subject thereto, to the (mortgagor in fee.") If an attendant term has been assigned in the mortgage, the further charge should contain a declaration that the trustee shall stand possessed of the term, in trust for securing as well the sum last advanced as the sum before lent, with interest on them both.
It may be useful to notice, for the guidance of trustees having money to invest, that, in a recent case, Stickney v. Sewell, 1 M. and Cr. 8, the present Lord Chancellor, when Master of the Rolls, stated, that to advance two-thirds of the value of property is admitted to be within the rule of ordinary pru. dence, but, added the learned judge, that is with reference to property of a permanent value, as freehold land. The same rule does not apply to property in houses, which fluctuates in value, and is always deteriorating
Loans by trustees.
cution of a letter of attorney
I, J. M., of, &c., notary-public, by royal authority Certificate of duly admitted and sworn, do hereby certify and at the due exetest unto all whom it may concern, that the letter of attorney hereunto annexed was duly signed and sealed by A. B., therein named, in my presence, and in the presence of C. D., of, &c., and E. F., of, &c. Whereof an act being requested, I have granted the same under my notarial firm and seal of office, to serve and avail as occasion shall or may require. Done and passed at, &c., aforesaid, this day of, &c., in the
of our Lord 18 On this day of, &c., before me, J. M., notary- Certificate of public, by, &c., personally came and appeared A. B., the identity of, &c., and C. D., of, &c., who severally declared, that they these appearers have for many years known and been well acquainted with E. F., son of G. H., late of, &c., but now of, &c.; and that these appearers verily believe the said E. F. to be the residuary heir named in the will of I. K., of, &c., aforesaid, deceased. - And I do hereby certify, that the signature of the said E. F., written and subscribed hereunder, is of the true and proper handwriting of
of a person.
Certificate of baptism.
the said E. F., he having subscribed the same in the presence of these appearers, and also in my presence. In testimony whereof, I have hereunto set my hand, at, &c., this, &c.
I, J. M., of, &c., notary-public, by, &c., do hereby certify and attest unto all whom it may concern, that A. B., by whom the annexed certificate of baptism is written and signed, is the clerk of the parish church of ; that he wrote and signed the same in my presence; and that to his certificates, in his said quality, full faith and credit are given in court and thereout. And I do further certify and attest, that I saw and examined the register of the said baptism in the book kept in the vestry of the said church, from whence the same was extracted by the said parish clerk; and that I found the said certifi. cate to be true and faithful copy thereof. In testimony, &c.
1, J. M., of, &c., notary-public, by, &c., do hereby certify, &c., that the above and before written is a duplicate or true copy of a certain instrument of protest made before me, taken and extracted from my register of all notarial acts by and before me granted and passed, marked folio
Cortificate of a duplicate protest.
of a chief ma
1, J. M., of, &c., notary.public, by, &c., do hereby the signature certify, &c., that the signature A. B., mayor, at the gistrate.
foot of the foregoing affidavit, is of the own and proper handwriting of the right honourable A. B., lord mayor of this city, in whose presence oath was this day administered, in due form of law, to Mr C. D., the deponent named in the said affidavit, and who signed the same in my presence; wherefore full faith and credit ought to be given thereto in court and thereout. London, this day of, &c.
I, J. M., of, &c., notary-public, by, &c., do hereby certisy, &c., that the account hereunto annexed is a true and faithful extract from the book called the ledger of Mr A. B., of, &c.; I, the said notary, have ing this day collated the same, and found it to agree
Certificate of an account.
in every respect with the said ledger ; an act whereof being required of me the said notary, I have granted these presents under my notarial firm and seal of office, to serve and avail as occasion shall or may require. Done, &c.
1, J. M., of, &c., notary-public, by, &c., do hereby Certincate of certify, &c., that on this day of, &c., in the
to a policy of year of our Lord, &c., personally came and appeared insurance. Mr A. B., of the said city of, &c., merchant, who produced to me, the said notary, a policy of insurance, wherein I saw and read, that the said A. B. did, on the day of, &c., now last past, and as well in his own name as for and in the name and names of all and every other person to whom the same did, might, or should appertain, in part of in all, make assurances, and cause himself and them, and every of them, to be insured, lost or not lost, at and from, &c., to, &c., in the sum of, &c., upon any kind of goods and merchandises whatsoever, laden or to be laden on board the good ship or vessel called the, &c., whereof, &c., was master. And I do further certify, that at the foot of the said policy of insurance so produced to me, the said notary as aforesaid, was written, C. D., L. day of E. F., L. day of, &c., of which an act being requested, &c., (see p. 467.) We, the undersigned merchants of this of Certificate of do hereby certify that J. M., who hath granted
the signature and signed the foregoing, &c., is a public notary of of a notary.. this, &c., and that to all acts and instruments thus by him signed, full faith and credit are and ought to
We, the undersigned public notaries of the, &c., of, Another form, &c., do hereby certify unto all whom it may.concern, that when the cerJ. M., who hath signed the foregoing act, is a sworn public given by nonotary, practising in this, &c., and that to all acts thus by taries. him signed, full faith and credit are and ought to be given in judicature and thereout. Witness our hands in, &c., this
day of, &c.
be given in court and thereout Dated this
&c. Certificate of Í, J. M., of, &c., notary-public, by, &c., do hereby the damage of certify and attest, &c., that on this goods by sea
day of, &c., before me came and appeared A. B., of, &c., agent for C. D., of, &c., and G. H., of, &c., who severally declared as follows: And first, the said A. B. for himself declared, that on the day of, &c., now last past, at the request of the said C. D., he entered at the custom-house of the said, &c., bales of paper marked, &c., and No., &c., from on board the ship or vessel called the, &c., whereof, &c., was master, from, &c.; and that the said, &c., bales of paper, when landed and opened at the quays of the said custom-house, were found to be damaged, and, &c.; and upon careful examination by the said declarant of the said, &c., bales of paper, the said damage appeared to be occasioned by sea-water, [or as the case may be.] And the said G. H. for him. self declared, that he purchased of the said C. D. the said, &c., bales of paper, at and for the sum of, &c., the same being, &c., damaged as aforesaid, and therefore depreciated in value; and that had the said, &c., bales of paper arrived in good and sound condition, they would have been worth the full sum of, &c.; all which they the said appearers declare to be true, and that they are ready to confirm the same on oath when thereunto required. Of which an act, &c.
Another certificate, and that half the duties were reinitted,
1, J. M., of, &c., notary-public, by, &c.,. do hereby certify, &c., that on this
day of, &c., at the request of A. B., of, &c., I, the said notary, went to the warehouse belonging to the custom-house of the said, &c., of, &c., and that there speaking to one of the clerks belonging to the said warehouse, he produced to me a book called, &c, wherein at fol., &c., I found, saw, and read, that on the
day of, &c., last, the said A. B. entered at the said custom-house of the said, &c., of, &c., casks of, &c., marked, &c., No., &c., containing, &c., which came from, &c., in the ship or vessel called the, &c., C. D., master; and