executors, administrators and assigns, all and such sum and HYPOTHECATION, Ship. the same AND that he the said (owner) now at the time of the That he has a sealing and delivering of these presents, is lawfully, rightfully and right to assign. absolutely possessed of and entitled to the said ship or vessel, with her tackle, stores and cargo, and other the effects and premises hereinbefore mentioned or intended to be hereby assigned, and is the only ance. true, lawful and rightful owner thereof; AND ALSO, that he the Further assursaid (owner), his executors and administrators, and all and every other person and persons now or at any time or times hereafter having or lawfully or equitably claiming, or to claim the said ship or vessel, oil, and all and singular other the effects and premises hereby or intended to be hereby assigned, or any part and parcel thereof, or any thing out of the same, shall and will from time to time, and at all times hereafter, upon every reasonable request of the said (lender), his executors, administrators or assigns, and at the proper costs and charges of him the said (owner), his executors or administrators, make, do and execute, or cause and procure to be made, done and executed, all and every such further and other acts, deeds and things, assignments and assurances in the law whatsoever, for the further, better, more perfect and absolutely assigning and assuring the said ship, oil, and all and singular other the effects and premises hereinbefore mentioned and intended to be hereby assigned, and for empowering him the said (lender), his executors, administrators or assigns, to have, take, recover and receive, the same respectively, as by him the said (lender), his executors, administrators or assigns, or by his or their counsel learned in the law shall be reasonably advised and required. PROVIDED ALWAYS, that these presents shall Extent of secu rity. not be or be considered as a security for more than the balance or sum of £ at any one time. IN WITNESS, &c. * Usual ad valorem Stamp; and therefore a limit should be put for Stamp. the amount of the security as above. INDEMNITY. Incumbrances. No. CCCLXIV. A Deed of Indemnity against Incumbrances, by Declaration of Variations where it is against Portions or Legacies, &c. to THIS INDENTURE made the day of in the chase. , year of the reign, &c. and in the year of our Lord 18 BETWEEN (the vendor) of, &c. of the first part, (the purchaser) of, &c. of the second part, (trustees for the vendor) of, &c. of the third part, and Recital of pur- (trustees for the purchaser) of, &c. of the fourth part. WHEREAS by indentures of lease and release, the lease bearing date the day next before the release, and the release bearing or intended to bear even date with these presents, and made or expressed to be made between the said (vendor) of the one part, and the said (purchaser) of the other part, certain lands and hereditaments therein particularly described were conveyed and assured unto and to the use of the said (purchaser) and his heirs by the said (vendor), in consideration of the sum of L therein expressed to have been agreed to be paid by the said (purchaser) to the said (vendor) for the absolute purchase of the said hereditaments free from incumbrances. AND WHEREAS under or by virtue of the last will and testament in writing of (the testator) late of deceased, bearing date the day of Of premises being charged with payment of an annuity. And with pay ment of legacy. Of agreement chase money in the Funds. the said hereditaments, together with others, are chargeable with the payment of an annuity or clear yearly sum of £ during the natural life of (the annuitant) of, &c. and also with the payment of a legacy or sum of £ unto (the legatee) of, &c. upon his attaining the age of twenty-one years. AND WHEREAS upon the contract for the purchase of the said hereditaments it was agreed part of the said purchase money or sum that part of purshall be invested that the sum of £ of L should be invested in the purchase of three per cent. Consolidated Bank Annuities in the joint names of three or more persons to be named and approved of by the said (vendor) and (purchaser) upon trust to indemnify the said (purchaser) and the said INDEMNITY. Incumbrances (purchase money). Of purchase money being innames of trus vested in the tees. WITNESS. Declaration that the trustees shall stand possessed of the money. hereditaments from the payment of the said annuity and legacy so respectively charged thereon as aforesaid, and that a proper deed of declaration of trust thereof should for that purpose be executed by the several parties hereto. AND WHEREAS the sum of £ hath accordingly been this day invested by the said (purchaser), with the consent and approbation of the said (vendor), testified as hereinafter is mentioned, in the purchase of £ three per cent. Consolidated Bank Annuities in the joint names of the said (trustees) as trustees named and approved of by the said (vendor) and (purchaser) respectively. Now THIS INDENTURE WITNESSETH, that in further pursuance of the said in part recited agreement and in consideration of the premises aforesaid, it is hereby daclared and agreed by and between the several parties to these presents, that they the said (trustees) and the survivors and survivor of them, and the executors and administrators of such survivor, and their and his assigns, shall stand possessed of and interested in the said sum of £ three per cent. Consolidated Bank Annuities upon the several trusts and to and for the intents and purposes, and under and subject to the provisoes, declarations and agreements hereinafter declared or expressed concerning the same, (that is to say,) UPON TRUST to permit In trust to perand authorize the said (vendor), his executors, administrators and receive the dividends so long as assigns, to receive and take the dividends, interest and annual proIceeds of the said trust monies to and for his and their own use and benefit, so long as he or they or any or either of them do and shall' well and truly pay or cause to be paid the said annuity or yearly sum of £ unto the said (annuitant) during the term of his natural life, and also the said legacy or sum of L said (legatee) upon his attaining his said age of twenty-one years according to the true intent and meaning of the said in part recited will; or do and shall from time to time and at all times hereafter save, protect, defend, keep harmless and indemnified the said (purchaser), his heirs and assigns, and also the several hereditaments so sold and conveyed unto the said (purchaser) as aforesaid, and all and every the appurtenances thereunto belonging, of, from, and against the same, and also of, from, and against all and all manner of actions, suits, executions and other proceedings whatsoever at law or in equuity upon, under, or by virtue or on account of the said annuity or legacy or either of them as aforesaid, and of, from, and against all costs, damages, and expenses whatsoever which shall or may at any time be sustained or occasioned by reason or on account thereof or otherwise in relation thereto. And UPON FURTHER TRUST, that in case the said (vendor), his exccutors or administrators, shall SUP.-VOL. II. 00 unto the he shall indernnify the purchaser. In default there of the trustees to keep down INDEMNITY. Incumbrances (purchase money). the incumbrauces, And pay surplus to vendor. at any time fail or neglect to pay or cause to be paid the said annuity , three per cent. Consolidated Bank Annuities, or of such part thereof as shall remain after satisfying the trusts aforesaid unto the said (vendor), his executors, administrators and assigns, from time to time, as and when the same shall be received to and for his and their own use and Upon decease of benefit; AND from and after the decease of the said (annuitant) and payment of all arrears of the said annuity or yearly sum of L and also payment of the said legacy or sum of £ then upon trust that they the said (trustees), and the survivors annuitant and payment of legacy. Judgments. (1) If the incumbrances against which the protection is required, be judgments or monies secured by a term, there may be added here, "Or an assignment shall be made of the said judgment [or term, as the case may be] to one or more trustee or trustees in trust to attend and protect the inheritance of the said hereditaments and premises so sold and conveyed by the said (vendor) to the said purchaser), his heirs and assigns, as hereinbefore is mentioned." three 1 INDEMNITY. (purchase money). Principal to be transferred to vendor to pay brances. and survivor of them, and the executors and administrators of the survivor, and their and his assigns, or other the trustees or trustee for Incumbrances the time being, do and shall at the request, costs, and charges of the said (vendor), his executors, administrators or assigns, transfer, assign and make over the said sum of £ per cent. Consolidated Bank Annuities, or so much thereof as shall remain un- vendor. disposed of under the trusts aforesaid, together with all interest, dividends and proceeds then due in respect thereof, unto the said (vendor), his executors, administrators, and assigns, to and for his and their own use and benefit. AND the said (vendor) doth for him- Covenant by self, his heirs, executors and administrators, covenant, promise, and off incumagree with and to the said (purchaser), his heirs and assigns, by these presents in manner following, (that is to say,) that he the said (vendor), his heirs, executors, and administrators, or some or one of them, shall and will from time to time and at all times hereafter, during the natural life of the said (annuitant), well and truly pay or cause to be paid the said annuity or yearly sum of £ at the times and in the manner in the said hereinbefore in part recited will mentioned, and also well and truly pay or cause to be paid the said legacy or sum of £ unto the said (legatee) upon his attaining his age of twenty-one years, according to the true intent and meaning of the said will of the said (testator) deceased; and from And in the time to time and at all times hereafter (1) during the subsistence of meantime in (1) If the incumbrances against which protection is necessary, be Judgments. judgments entered up against the vendor, say, "Shall and will from time to time and at all times hereafter, well and effectually save, defend, keep harmless and indemnified as well the said (purchaser), his heirs, executors, administrators and assigns, as also all and singular the said several and respective messuages, lands, tenements, hereditaments and premises so sold and conveyed to him the said (purchaser) as hereinbefore is mentioned, and also all other the lands and tenements, goods and chattels, of him the said (purchaser), his heirs, executors, administrators or assigns respectively, or any of them, from and against all the said several recited judgments so obtained or entered up against the said (vendor) as aforesaid, and all and every judgment and judgments recovered, obtained or entered up and now in force against him the said (vendor), and from and against all debts, yearly and other sum and sums of money due and owing, or recovered or recoverable upon or by virtue of or secured by such judgments respectively, or any of them, and |