CHAP. XII. him, until, from an alteration of circumstances, a merger can take place.

It may be further observed that the reconveyance should contain two distinct operative parts, by the first of which the mortgagee reconveys his estate in the land to the mortgagor, and by the other he releases the mortgage-money.

The reconveyance is very generally, and perhaps ought always to be, made by indorsement, because, in the first place, this is the least expensive mode, and in the next, there is no chance of the evidence of the reconveyance being lost, as might easily happen if it were made by a separate deed.

RECONVEYANCE of mortgaged premises (being freehold estates) by way of INDORSEMENT, with a declaration that the mortgage-money (which was TRUST-MONEY,) should thenceforth be and remain upon the SAME TRUSTS as if it had NEVER BEEN INVESTED in mortgage.

THIS INDENTURE, &c. between

the within-mentioned [mortgagee], of the first part,
[mortgagor], of the second part,
[wife], the wife of [mortgagor],
of the third part.

WHEREAs the within-mentioned principal sum of £500, and all interest thereon up to the day of the date of these presents, have been fully paid and satisfied by the said [mortgagor] to the said [mortgagee], as he the said [mortgagee] doth hereby admit and acknowledge:

NOW THIS INDENTURE WITNESSETH, that in consideration of the premises, and for and in consideration of the sum of ten shillings, of lawful, &c. to the said [mortgagee] paid, &c. (the receipt, &c.), He, the said [mortgagee], hath bargained, sold and released, and by, &c. unto the said

[mortgagor] (in his actual &c.), ALL the messuages and _CHAP. XII. tenements, and other hereditaments comprised in the withinwritten indenture, and thereby released and assured, or intended so to be, with their and every of their rights, members and appurtenances, And all the estate of him the said [mortgagee], of, in, to, or out of the same,

TO HAVE AND TO HOLD, &c.

Unto and to the use of the said [mortgagor], his heirs and assigns for ever, Upon such trusts, and to and for such intents and purposes as the said hereditaments would now have been subject to if the within-written indenture, or the lease for a year on which it is grounded, had not been made and executed.

AND THIS INDENTURE ALSO WITNESSETH, that in consideration of the premises, He, the said [mortgagee], hath remised, released, and for ever quit-claimed, and by, &c. Unto the said [mortgagor], his executors, administrators and assigns, ALL the within-mentioned sum of £1,000 three per cent. Consolidated Bank Annuities, and all and singular the premises by the within-written indenture aforesaid, or intended so to be, To the end that the said principal sum of £1,000 three per cent. Consolidated Bank Annuities, and all and singular other the premises by the within-written indenture assigned or intended so to be, may henceforth remain and be

UPON SUCH TRUSTS, and to and for such intents and purposes, as the same would now have been subject to if the within-written indenture had not been made and executed. [Short covenant by mortgagee that he has not incumbered.] IN WITNESS, &c.

CHAPTER XIII.

APPOINTMENT OF RECEIVER.

Deed for the

a receiver.

Where there is a covenant in mortgage or annuitydeeds for the appointment of a receiver, it should be distinctly stated, that the receiver, though appointed by the mortgagee or annuitant, after default of the mortgagor or grantor to concur in the appointment, should be the agent of the mortgagor or grantor, thus:-" And "that the person or persons so appointed should be "treated and considered as the agent of the said [mort

gagor or grantor], or his assigns, for every purpose of 66 applying a competent part of the rents and profits of "the hereditaments in satisfaction of the said annuity, " &c."

The following is the form of a deed for the appointment of a receiver: :

AND WHEREAS upon the treaty for

it was

appointment of agreed that, for securing the due and regular payment

thereof, the said

should be appointed receiver of

the rents and profits of the said
herein before

and other

as aforesaid, upon and under the terms, stipulations and agreements hereinafter contained: Now, THEREFORE, THIS INDENTURE WITNESSETH, that, in

pursuance of the said agreement, and for the considerations CHAP. XIII. herein before expressed, he, the said approbation and concurrence of the said

with the

testi

fied by his executing these presents, HATH constituted and
appointed, and by these presents DоTH constitute and ap-
point, the said
receiver and agent, from time

to time, in the name of him, the said

to ask,

herein before par

as

demand, collect and receive all and every the rents and
profits of all and singular the said
ticularly mentioned and hereby charged and
aforesaid, of and from the present and future occupiers
thereof respectively, as and when the same shall from time
to time become due and payable; and, in case of the non-
payment of such rents and profits, or any of them, to take
and use such lawful remedies for recovering and obtaining
payment thereof, or any part thereof, by action, suit, dis-
tress, or otherwise, as shall be thought necessary, and fur-
ther to perform and execute all other acts, matters and things
needful and requisite for the collecting and receiving the said
rents and profits, as fully and effectually, to all intents and
purposes, as the said

do; And the said

could or might himself doth hereby order and direct

all and

all and every the tenants and occupiers of the said
and premises, to pay unto the said
every the rents and profits thereof for the purposes herein-
after mentioned; And doth hereby declare, that his re-
ceipts in writing shall be good and sufficient discharges to
the same tenants or occupiers for such rents and profits as
they shall respectively pay to him: And it is hereby agreed
and declared between and by all the parties to these pre-
sents, that the said
do and shall, from time to
time, pay and apply the rents and profits which he shall re-
ceive by virtue of these presents in the manner following,
(that is to say,) in the first place, pay thereout all land-
lord's taxes, and all rates, assessments and impositions,
which now are or hereafter may be taxed and rated
charged, assessed, or imposed on the said
and pre-
mises, or any of them, or on the owner of the same pre-

CHAP. XIII. mises for or in respect thereof, together with the expenses
of all necessary repairs thereof, which ought to be done by
the landlord; and also do and shall retain and deduct to
himself thereout per cent. per annum upon the gross
rental which he shall actually receive as aforesaid, as a
compensation for his time and trouble in acting as
receiver as aforesaid; and, in the next place, do and shall
[state here the other trusts of his appointment]; and, lastly,
do and shall pay, or cause to be paid, unto the said
his heirs, executors or administrators, or as he or they shall
order and direct, all the clear residue and surplus of the
rents and profits of the said
and premises,
which shall from time to time remain after answering the
several purposes aforesaid, or such of them as shall be in
a state of actual performance, and the said

doth hereby for himself, his heirs, executors, administrators
and assigns, covenant, promise and agree, with and to
the said
his executors, administrators and
assigns, and also with and to the said

his executors, administrators and assigns, that he, the said shall and will, from time to time, so long as he shall continue to be the collector and receiver of the aforesaid rents and profits, truly and punctually pay, or cause to be paid, in manner, and for the intents and purposes aforesaid, all such sums and sum of money as shall be collected and received by him, under or by virtue of the aforesaid power or authority; And the said doth hereby for himself, his heirs, executors and administrators, covenant, promise and agree, with and to the said his executors, administrators and assigns, in manner following, (that is to say) That he, the said shall not, nor will, without the previous consent in writing of the said

,

2

his executors, administrators or assigns, revoke the powers or authorities hereby given to the said or to be given to any such future receiver, as hereinafter is mentioned, or any of them, or do, or suffer to be done, any act or thing to lessen, or in any manner affect the same, or impede the execution