as well of the said sum of £—, so secured by the said hereinbefore in part recited indenture of mortgage, as also of the said further sum of £-, so to be advanced as aforesaid, together with interest thereon respectively, in the meantime, after the rate of £per cent. per annum, secured to him in manner hereinafter mentioned.

form.

(375.) And whereas the said A. B. hath Id. Another applied to and requested the said C. D. to advance and lend him the further sum of £―, which he the said C. D. hath accordingly agreed to do, upon having the repayment, as well of the said sum of £—, as of the said sum of £-, making together the aggregate sum of £-, with interest on the said sum of £—, in the meantime, after the rate of £- per cent. per annum, secured to him as well upon such of the messuages, lands, and other hereditaments, charged with the payment of the said sum of £— and interest, as are comprised in the said indentures of &c., as upon the said messuages, lands, and other hereditaments comprised in the said indentures of &c. (376.) And whereas upon the loan of the said sum of £

the treaty for Agreement it was agreed

to advance loan, mortgagor cove

nanting to

obtain order for infant to

convey.

Loan advanced on

joint account payable on death of one

that the said A. B. should, by petition to the High Court of Chancery, or to the Court of Exchequer, obtain an order for the said C. D., the infant, to convey unto the said E. F., his heirs, and assigns, or as he or they should direct, the legal estate in fee simple, which, upon the death of the said D. D., descended upon the said C. D. the infant, of and in one undivided third part of the hereditaments comprised in the said recited indentures of lease, release, and mortgage, of the &c., but such order not having yet been obtained, the said E. F. consented to advance the sum of £-, without waiting for such order, on condition that the said A. B. should enter into the covenant hereinafter contained for obtaining such order and a conveyance in pursuance thereof.

(377.) And whereas the said sum of £-, advanced to the said A. B. as hereinbefore to survivors. is mentioned, was advanced by the said C.D., E. F., and G. H. jointly, on a joint account, out of money belonging to them jointly; and it was agreed that the whole of the said sum of £, and the interest thereof, or so much of the same respectively as should remain unpaid at the death of any one or more of

them, the said C. D., E. F., and G. H., should be payable and paid to the survivors or survivor of them, or the executors or administrators of such survivor, as the said B. B. doth hereby admit and acknowledge. (378.) And whereas the principal sum of Title to loan, £—, advanced to the said A. B., upon the security of the said hereinbefore in part recited mortgage, was the proper money of the said C. D., as was acknowledged by the said A. A., in his lifetime, and as the said F. G., as such executor as aforesaid, doth hereby testify and declare.

(379.) And whereas there is now due Loan due. and owing to the said A. B. and C. D., as such trustees and executors as aforesaid, in respect of the said hereinbefore in part recited indentures of mortgage and further charge, the principal sum of £- only, all interest for the same having been duly paid and satisfied up to the day of the date of these presents.

interest

(380.) Whereas the principal sum of £- Loan and secured by the within written indenture [or, due. by the said hereinbefore in part recited indenture,] together with the current interest for the same [or, together with an arrear of

Agreement

to convert

Drincipal.

interest, amounting to the sum of £-,] is now due and owing to the said A. B., as he the said C. D. doth hereby admit and acknowledge.

(381.) And whereas the said A. B. hath interest into applied to and requested the said C. D. to pay the said sum of £-, so due for interest as aforesaid; but he being unable so to do, hath proposed and agreed to charge the same as a further principal sum on the hereditament comprised in the said indenture of mortgage, in manner hereinafter mentioned.

That principal and interest exceed

(382.) And whereas there is now due and the value of Owing from the said A. B. to the said C.D.,

mortgaged estate.

for principal and interest, the sum of £—, which exceeds the value of the absolute estate and inheritance of the said mortgaged premises.

Loss. See Bill of Exchange.

(383.) And whereas the said hereinbefore in part recited indenture of release and assignment of the &c. hath been lost or mislaid.

(384.) And whereas upon the payment of the said sum of £- to the said A. B., no

release or sufficient discharge for the same was executed, or, if executed, the same cannot be found.

signment of

tend.

(385.) And whereas the said indenture of Loss of asassignment, mentioned in the exception to term to atthe said hereinbefore in part recited indenture of release, hath been lost or mislaid, or cannot be found, nor can it be traced that any such indenture was ever executed, and = unless such indenture was executed, it is considered that the estate and interest of the said A. B. was long since barred or extinguished.

LUNACY.

natico in

and inquisi

lunacy.

(386.) Whereas in pursuance of an order Writ de lumade by the Lord High Chancellor of Great quirendo, Britain, bearing date on or about the &c., tion finding a commission in the nature of writ de lunatico inquirendo was awarded and issued, directed to certain commissioners therein named, to inquire of the lunacy of the said A. B.; and by an inquisition taken by virtue of the said writ, on or about the &c., it was found that the said A. B. was then a lunatic, and did not enjoy lucid intervals, so that he