Reference
Z590/38
Title
Indenture of Mortgage by way of covenant to surrender copyhold cottages to secure £150 and interest. 2 skins.
Parties
(i) Nathaniel Garner of Langford, market gardener.
(ii) James Scrogie of Sandy, yeoman.
Date free text
7 Dec 1878
Production date
From: 1878 To: 1878
Scope and Content
Recitals
That (i) is seised to him and his heirs according to the custom of the manor of Biggleswade of the hereditaments hereinafter covenanted to be surrendered and that (i) has requested (ii) to lend him £150 which he has agreed to do as below.
Operative part
Covenant, promise and agreement by (i) to and with (ii) (in consideration of £150 paid to (i) by (ii) ) that he will on 7 June next pay to (ii) the sum of £150 with interest at 5% to be computed from the day of the date of these presents; that he or his heirs and all other necessary parties will immediately after the execution of these presents, at his and their expense, well and effectually surrender into the hands of the lord and lady, lords or ladies of the manor of Biggleswade according to the custom of the said manor:
(a) cottage or tenement, yard, outbuildings and premises with appurtenances in Sun Street, formerly in the occupation of Henry Garner, deceased, and now of [ ] ; as in Z 590/34(a) and 35.
(b) cottage or tenement and premises with appurtenances in Sun Street, formerly in the occupation of John Leach and now of [ ]; as in
Z 590/34(b) and 35.
(c)messuage, cottage or tenement with appurtenances situate, standing and being near to Sun Street, formerly in the occupation of John Huckle and now of [ ].
To which Nathaniel Garner was admitted tenant at a court held 4 May 1832 (see also Z 590/14) under the will of his father Edmund Garner.
(d) cottage or tenement and land near the Anchor Inn as in Z 590/19(a) and see 22; together with joint use of the yard, well and privy.
Which said cottage and premises were formerly in the occupation of Edward Rawlins, then of Joseph Francis and now of [ ].
Habendum to the use and behoof of(ii), his heirs and assigns as he or they shall direct at the will of the lord, according to the custom of the manor subject to the rents, fines, heriots, suits and services therefore due and of right accustomed and also subject to the condition for making void the said surrender upon payment by Nathaniel Garner of the principal and interest on 7 June next.
Proviso and declaration that it shall be lawful for (ii), at any time(s) after 7 July next without further consent on the part of (i), to sell the premises covenanted to be surrendered either together or in parcels and either by public auction or private contract with power upon any such sale to make any stipulation as to title or evidence or commencement of title or otherwise which (ii) shall deem proper and also power to buy in or rescind
or vary any contract for sale and resell without being responsible for any loss occasioned thereby and for, the purposes aforesaid to execute all such further assurances and things and otherwise act in relation to such sales as he thinks fit and to take admittance when requisite and surrender the said hereditaments and premises or any part(s) thereof to the use of the purchasers as he, she or they may direct.
Various lengthy provisos, agreements and declarations by (ii) not to execute the power of sale unless and until default shall have been made in payment at the time appointed (and he shall have given notice in writing to (i) to pay off the monies owing on the security of these presents and left a notice in writing to that effect at or upon some part of the said premises and default shall have been made in payment of whole or part of such monies for six months from the time of giving or leaving such notice) or unless and until the whole or some part of some half yearly payment of interest which shall become due on the security of these presents shall have become in arrears for 3 calendar months; further detailed provisos etc. re exercise of the above power of sale, purchasers not being obliged to see or enquire into the propriety or regularity of such sale ( (ii’s) receipts to the purchaser(s) to be an effective discharge), disbursement of the monies arising therefrom etc...
Covenants from (i) to (ii) include a covenant to insure the premises (during the continuance of any principal and interest money on this security) against loss or damage by fire in the name of (ii) in the sum of £150 at least (and after receipt thereof, to deliver all policies and receipts for policies and duty to (ii) and in case default is made in effecting or keeping on foot such insurance, or such delivery, it shall be lawful but not obligatory on (ii) to effect and keep on foot such insurance’s, and (i) shall on demand thereof pay (ii) all such sums as he expends on such insurance’s and interest at a rate of 5% p.a. from the times of paying and expending the same (and such sums shall be a charge on the premises and be recoverable as the principal as above), all monies received under such insurance to be laid out in or towards the rebuilding and reinstating of the parts of the premises which may be burnt and injured by fire and under the direction of (ii) or retained by him in or towards payment of the principal monies and interest then due on this security on his option and residue thereof (if any) paid to (i).
Standard provisos re rights and remedies of (ii) to foreclose etc.
Dorse: witness to receipt, and signing, sealing and delivery by Nathaniel Garner in the presence of Arthur J Hills, solicitor, c/o Hooper & Co. of Biggleswade, solicitors; and inscribed with a pencilled note, dated 12 May 1881. ‘A fire occurred & burnt down one cottage - the £30 recd. from Insurance Co. by Mr J Scrogie’.
Reference
Level of description
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