AGREEMENTS.

Postpone Sale.

No. LII.

*An Agreement to Postpone the Sale of a Ship (or other property (1)) which has been assigned in trust for sale,

Recitals.

WITNESS. That trustees agree to postpone sale on certain condi

tions.

ARTICLES of agreement made and concluded this

in the year

day of

BETWEEN (the owner being also a preceding mortgagor) of, &c., of the first part (trustees for sale), of, &c., of the second part, and (cestuique trusts or mortgagees) of, &c., of the third part. WHEREAS &c., [recite the deed of trust for sale and subsequent transactions and agreements,] NOW THESE PRESENTS WITNESS, that in pursuance of the said agreement, and in consideration of the matters and things aforesaid, they the said (trustees), by and with the privity and approbation of the said (cestuique trust), testified by his being party hereto, hereby for themselves severally and respectively, and for their several and respective executors and administrators (but not jointly), hereby covenant and declare to and with the said (owner), his executors, administrators, and assigns, that they the said (trustees), respectively, or their respective executors, administrators, or assigns, shall not nor will make sale of, or proceed to sell or dispose of the said ship or vessel (or as the case may be), so assigned or otherwise assured to them by the said in part recited indenture, or intended so to be, or any part thereof, or any of the [masts, sails, sail-yards, anchors, ropes, cords, cannons, guns, fire-arms, ammunition, provision, tackle, apparel, boats, oars, furniture, materials,] appendents or appurtenances whatsoever to the same belonging, nor shall nor will in anywise exercise or put in force the power or authority reserved or given to them by the said indenture, for selling or disposing thereof, or any part thereof, until &c. [mentioning the time or event upon which the power of sale or disposition is to be exercised], but shall and will permit and suffer the said

(1) Although the above form is adapted in particular to the postponement of the sale of a ship or vessel, yet it may be easily made suitable to the like object in regard to any other species of personal or even of real property.

, without any

AGREEMENTS.

FURTHER
WITNESS.

Owner will not impede sale at time agreed upon.

shipor vessel to proceed upon its intended voyage to hindrance or interruption whatsoever of or by them the said (trustees) Postpone Sale. respectively, their respective executors, administrators, or assigns. AND THESE PRESENTS FURTHER WITNESS, that for the considerations lastly aforesaid, he the said (owner), for himself, his executors, and administrators, doth hereby covenant, promise, and agree, with and to the said (trustees), and each of them and their respective executors, administrators, and assigns, that from and after the &c., [the time or event to which the sale is postponed], he the said (owner), his executors or administrators, shall not nor will prohibit, hinder, or in anywise prevent or impede, or attempt to hinder or impede the said (trustees) respectively, or their respective executors, administrators, or assigns, or any or either of them, from proceeding to the sale and disposition of, and actually selling and disposing of the said ship or vessel, with its appurtenances, or otherwise exercising the said right, power, or authority so given or reserved to him and them as aforesaid for that purpose; nor take or attempt to take any advantage whatsoever, of the deficiency or postponing the sale or disposition thereof, until the period or event lastly aforesaid in pursuance of these presents or otherwise, but shall and will permit and suffer them, or either of them, the said (trustees), or their respective executors, administrators and assigns, to make sale, and absolutely dispose thereof, together with all and singular the [masts, sails, sail-yards, anchors, cables, ropes, cords, cannons, guns, fire-arms, ammunition, tackle, apparel, boats, oars, furniture, materials] appendants and appurtenants whatsoever to the same belonging, and in as full and ample a manner, and as effectual to all intents purposes, as if these presents had not been made. [AND also that in the mean time, and during such intended voyage, and until the return of the said ship or vessel, he the said (owner), his executors, administrators or assigns, shall not, nor will do or commit, or knowingly permit or suffer to be done or committed, any wilful damage whatsoever to the said ship or vessel, or any of the [masts, sails, sailyards, anchors, cables, ropes, cords, cannons, guns, fire-arms, ammunition, tackle, apparel, boats, oars, furniture, materials,] appendants or appurtenants whatsoever to the same belonging or appertaining, or any respect interrupt or disturb the said as the attorney

and

in

or agent of the said (trustees) in the possession thereof as aforesaid,
but shall and will from time to time insure, or cause the same to be in-
sured at the
proper times of insurance for the same, at the sum and
in the manner and form in the said in part recited indenture for that
purpose contained; and shall and will do, or cause to be done the ut-

AGREEMENTS.

most in his power to preserve and keep the same ship and vessel with its Postpone Sale. appurtenants as aforesaid in good order and condition during the said intended voyage. AND also the said (owner), his executors, administrators and assigns, shall and will do the utmost in his and their power to make or cause to be made the said intended voyage as speedily as pos sible, and conduct and manage the said ship or vessel on its intended voyage, so that as little damage as possible may be done thereto, or to any of its [masts, sails, sail-yards, anchors, cables, ropes, cords, cannons, guns, fire-arms, ammunition, tackle, apparel, boats, oars, furniture, materials,] appendants and appurtenants, and shall and will use his utmost endeavours to procure the same ship or vessel with its appurtenants to return as speedily, and in as good order, plight and condition, as may be. IN WITNESS, &c.

No. LIII.

*An Agreement for Postponing a Jointure or other Charge upon Lands, to a Mortgage or other subsequent charge.

AGREEMENTS.

Postpone Join

ture.

ARTICLES of agreement indented, made, and entered into this
day of in the year, &c., and in the year of our Lord
BETWEEN (the jointress) of, &c. of the one part, and (the mort-
gagee, or other subsequent creditor) of, &c. of the other part;
WHEREAS, &c. [recite the settlement by which the jointure was Recitals.
created so far as relates to such jointure; the agreement for the
loan by way of mortgage of the jointure lands; the agreement
of the jointress to postpone the payment of her jointure to the
interest of the mortgage debt, and the mortgage deed of even date :]
NOW THESE PRESENTS WITNESS, that in pursuance of the said
agreement, and for the better and more effectually securing the pay-
ment of the said sum of £
and interest to the said (mortgagee)

at the time and in the manner aforesaid, she the said (jointress) for
herself, her heirs, executors, administrators, and assigns, doth hereby
covenant, promise, and agree with and to the said (mortgagee), his
executors, administrators, and assigns, that so long as the said sum
of £ or any part thereof shall be due and owing, she the said
(jointress) shall and will consent and agree that all interest and
arrears of interest (1) of, for or in respect of the same, shall take place
and have priority `to, and be paid before her said jointure, or annual
sum of £ so provided and made payable to her the said(jointress)
and her assigns for the term of her natural life, as hereinbefore is
mentioned, and of all and every the arrears and growing payments
thereof now or hereafter accrued or to accrue; and that the pay-
ment of the same jointure, arrears, and growing payments respec-
tively, shall from time to time be postponed, until the interest of the
said sum of £ shall be fully paid and discharged, so as and in

(1) Sometimes the jointure is required by the mortgagee to be postponed to the principal as well as the interest of the mortgage; but this, unless under particular circumstances, is unreasonable.

SUP.-VOL. I.

P

WITNESS.

Jointress agrees

jointure to interest of mort

to postpone

gagee.

AGREEMENTS.

Postpone Join

ture.

order that the said interest money shall and may at all times have
priority to the said jointure or annual sum, and the arrears and
growing payments thereof: and also that she the said (jointress), or
her assigns, shall not nor will claim, demand, or require payment of
her jointure, or any arrears or growing payments thereof, or any part
of the same, out of the said messuages and hereditaments, whereupon
or whereout the same is issuable or chargeable, and which have been
so granted, released, or otherwise assured to the said (mortgagee) as
aforesaid, until after all interest of or for the said sum of £
shall from time to time, and for the time being, be fully paid and
satisfied. IN WITNESS, &c. (1)

Part only of jointure land.

(1) If part only of the lands are intended to be exempted, "Provided always nevertheless, and it is hereby expressly agreed and declared, that nothing in these presents contained shall be deemed or construed to extend to the lands and hereditaments chargeable with the jointure of the said situated at other than those situated at

or

aforesaid, or to exonerate the said lands and hereditaments from the payment thereof, or impeach or prejudice her means or remedies for recovering or compelling payment thereof, or of any part thereof."