Lapas attēli
PDF
ePub

any part thereof at public auction or private sale, as to him or any of them may seem meet, and from and out of the proceeds of such sale in the first place to pay and reimburse him and them all such sums and sum of money as may then be due by virtue of these presents, and all such expenses as may have been incurred by the said party of the second part, his executors, administrators or assigns, in consequence of the default, neglect or failure of the said party of the first part, his executors, administrators or assigns, in payment of the said sum of money with interest thereon as above mentioned, and in the next place to pay unto the said party of the first part, his executors or administrators, all such surplus as may remain after payment of such sum or sums of money as aforesaid. And the said party of the first part, for himself, his heirs, executors and administrators, doth hereby covenant, promise and agree to and with the said party of the second part, his executors, administrators and assigns, that in case the sum of money realized under any such sale as above mentioned, shall not be sufficient to pay the whole amount due at the time of such sale, he the said party of the first part, his executors or administrators, shall and will forthwith pay or cause to be paid unto the said party of the second part, his executors, administrators or assigns, all such sum and sums of money, with interest thereon, as may then be remaining due.

And it is hereby also declared and agreed, that until default shall be made in payment of the said

principal sum of $5000 and interest, contrary to the aforesaid proviso, it shall be lawful for the said A. B., his executors or administrators, to make use of (but not to remove from the premises) the said goods, chattels and things hereby assigned or intended so to be without any hindrance or disturbance by the said C. D., his executors, administrators or assigns. And the said A. B. doth hereby for himself, his heirs, executors and administrators, covenant with the said C. D., his executors and administrators, that he, the said A. B., hath not heretofore made, done, permitted or suffered, nor will at any time hereafter make, do, permit or suffor any act, deed, matter or thing whereby, or by means whereof, the said goods, chattels and premises hereby assigned are, is, can or may be in any wise impeached, charged, affected, incumbered or prejudicially affected in any manner howsoever; and also that he the said A. B., his executors or administrators will, so long as any money shall remain due on this security, insure and keep insured the said goods, chattels and premises from damage by fire, in some respectable insurance office, in the names of the said C. D., his executors, administrators or assigns, in the sum of $ and hand the policy for such insurance, and the receipt for the current year's premium, to the said C. D., his executors, administrators or assigns, on demand; and that in default of the said policy being so effected or kept on foot as aforesaid, it shall be lawful for the said C. D., his executors, administrators and assigns, to effect or keep on foot the same, and all

the premiums and other expenses incurred by him or them in so doing shall be repaid on demand by the said A. B., his executors or administrators, and until re-payment, the same shall be a charge on the said goods, chattels and premises hereby assigned, and shall bear interest after the rate aforesaid. And also that the said A. B., his executors and administrators, will, during the continuance of this security, keep the chattels, effects and premises hereby assigned, in good order, repair and condition in all respects, as they are in at the time of the execution hereof.

In witness whereof, the parties to these presents have hereunto set their hands and seals the day and year first above written.

Signed, sealed and delivered

in the presence of

Y. Z.

A. B. [L.S.]

C. D. [L.S.]

The Schedule above referred to marked A.

(Here set out a full and particular description of the goods as required in the preceding forms.)

Mortgagee's Affidavit.

, to wit: I, C. D., of,

Ontario, County of &c., the mortgagee in the within mortgage named, make oath and say, that the within mortgage truly sets forth the agreement entered into between myself and A. B., therein named, and truly states the extent of the liability intended to be created by such agreement, and covered by the within mort

gage. That the within mortgage is executed in good faith, and for the express purpose of securing to me the re-payment of the advances agreed to be made as within mentioned, and not for the purpose of securing the goods and chattels mentioned therein, and set forth in the schedule attached thereto marked A, against the creditors of the said A. B., or to prevent such creditors from recovering any claims which they may have against the said A. B. C. D.

[blocks in formation]

CHAPTER IX.

DEEDS.

The legal and technical definition of a deed is a writing sealed and delivered. Bonds, therefore, and assignments and chattel mortgages, of which we have treated in previous chapters, are all deeds: that is to say, they are writings sealed and delivered. The general and popular idea of a deed, however, is commonly associated with the transfer of land, and it is in this popular but restricted sense in which we shall speak of a deed in this chapter; remarking merely that the manner in which a deed must be written or executed is precisely the same whether goods or lands are intended to be conveyed.

A deed of land, then, is a writing sealed and delivered by the parties, by which lands, teneinents or hereditaments are conveyed by one person to another. It may be either written or printed, and on paper or parchment. Figures, as a general rule, should be avoided, and all words written in full without abbreviation or contraction. The name, residence and occupation or addition of every party to the deed should be carefully inserted, and also some date properly the date of the day of execu

« iepriekšējāTurpināt »