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6. Has done no act to encumber the land.

right, title, interest or trust of, in, to or out of the lands, tenements, hereditaments, and premises hereby conveyed or mentioned or intended so to be, with the appurtenances or any part thereof, by, from, under or in trust for him the said mortgagor, shall and will, from time to time, and at all times thereafter, at the proper costs and charges of the said mortgagee, his heirs, executors, administrators and assigns make, do, suffer and execute, or cause or procure to be made, done, suffered and executed, all and every such further and other reasonable act or acts, deed or deeds, devices, conveyances and assurances in the law for the further, better and more perfectly and absolutely conveying the said lands, tenements, hereditaments and premises, with the appurtenances, unto the said mortgagee, his heirs, executors, administrators and assigns, as by the said mortgagee his heirs, executors or his or their counsel learned in the law, shall or may be lawfully and reasonably devised, advised or required, so as no person who shall be required to make or execute such assurances shall be compelled, for the making or executing thereof, to go or travel from his usual place of abode.

6. And also that the said mortgagor hath not at any time heretofore made, done, committed, executed or wilfully or knowingly suffered any act, deed, matter or thing whatsoever whereby or by means whereof the said lands, tenements, hereditaments and premises hereby conveyed or mentioned or intended so to be, or any part or parcel thereof, are, is or shall or may be in any wise impeached, charged, affected or encumbered in title, estate, or otherwise howsoever.

FORM S.

POWER OF ATTORNEY.

I, A. B., being registered owner of an estate (here state nature of the estate or interest), subject, however, to such encumbrances, liens and interests as are notified by memorandum underwritten (or endorsed hereon), (here refer to schedule for description and contents of the several parcels of land intended to be affected, which schedule must contain reference to the existing certificate of title or lease of each parcel) do hereby appoint C. D. attorney on my behalf to (here state the nature and extent of the powers intended to be conferred, as to sell, lease, mortgage, etc.), the land in the said schedule described, and to execute all such instruments, and do all such acts, matters and things as may be necessary for carrying out the powers hereby given and for the recovery of all rents and sums of money that may become or are now due, or owing to me in respect of the said lands, and for the enforcement of all contracts, covenants or conditions

196

ditions binding upon any lessee or occupier of the said lands, or upon any other person in respect of the same, and for the taking and maintaining possession of the said lands, and for protecting the same from waste, damage or tres

pass.

In witness whereof, I have hereunto subscribed my name this day of 18.

Signed by the above named A. B. in the presence of

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(Signature.)

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In witness whereof, I have hereunto subscribed my name

this

day of

Signed by the above named A. B.

in the presence of

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FORM U.

I,

TRANSFER OF LAND UNDER PROCESS OF LAW.

of

the

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person appointed to execute the process hereinafter mentioned, in pursuance of a writ dated the

day of and

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one thousand eight hundred and issued out of (insert name of

court), a court of competent jurisdiction, in an action whereis the plaintiff, and

in
the defendant, which said

is registered as the owner of the land hereinafter described, subject to the mortgages and encumbrances notified hereunder, do hereby, in consideration of the sum of

paid to me, as

aforesaid, by E. F. (insert addition) TRANSFER to the said E. F. all that piece of land (here insert a sufficient description of the land, and refer to the debtor's certificate of tille or grant).

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Mortgages and encumbrances referred to. (State them.)

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of authority vested in me to sell lands for arrears of taxes by do hereby in consideration of paid to me by Ě. F. (insert addition)

the sum of

TRANSFER to the said E. F. all that piece of land being (here insert a sufficient description of the land, and refer to the certificate of tille.)

Dated the

one thousand eight hundred and

Signed by the above named

of

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day of

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(Signature with official seal.)

Or

FORM U.

TRANSFER OF LEASE, MORTGAGE, OR ENCUMBRANCE UNDER PROCESS OF LAW.

I,

of

the person appointed to execute the writ hereinafter mentioned (or otherwise, as the case may be), in pursuance of a writ of fieri facias, tested the one thousand eight hundred , and issued out of (insert name of court) a court of

day of

and
competent jurisdiction, in an action wherein
is the plaintiff and

the defendant, which said is registered as the owner of a lease (mortgage or encumbrance, as the case may be) numbered of (or upon) the land hereinafter described, subject to the mortgages or encumbrances notified hereunder, do hereby, in consideration of the sum of

me as

paid to

aforesaid, by E. F. (insert addition) TRANSFER to the said E. F. the lease (mortgage or encumbrance) granted by

to and in favour of

day of

9

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to, in and over (here describe the land according to the description in the lease, mortgage or encumbrance, and refer to the registered instrument).

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Or

FORM U.

TRANSFER OF LAND UNDER DECREE OR ORDER OF A COURT OF COMPETENT JURISDICTION.

I (insert name), in pursuance of a decree (or order) of (insert name of court), a court of competent jurisdiction, dated the day of one thousand eight hundred and fol.

, and entered in the register, vol. hereby TRANSFER to E. F. (insert addition), subject to the mortgages and encumbrances notified hereunder, all that piece of land being (here insert a sufficient description of the land and refer to the certificate of title or grant.)

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day of

one

(Signature with official seal.)

Mortgages and encumbrances referred to. (State them.)

Or

FORM U.

TRANSFER OF LEASE, MORTGAGE OR ENCUMBRANCE, UNDER DECREE OR ORDER OF A COURT OF COMPETENT JURISDICTION.

I (insert name), in pursuance of a decree or order of (insert name of court), a court of competent jurisdiction, dated the day of one thousand eight hundred , and entered in the register, vol.

and

fol. hereby TRANSFER to E. F. (insert addition), subject to the mortgages and encumbrances notified hereunder, the lease (or mortgage or encumbrance, as the case may be) granted by in favour of of (or upon) all that piece

of land (here insert description of the land according to the description in the lease, mortgage or encumbrance, and refer to the registered instrument).

Dated the

thousand eight hundred and

Signed by the above named

of

in presence

one

day of

(Signature with official seal.)

Mortgages and encumbrances referred to. (State them.)

FORM V.

FORM OF CAVEAT FORBIDDING REGISTRATION OR DEALING WITH LANDS.

To the registrar

district:

Take notice that I, A. B., of (insert description), claiming (here state the nature of the estate or interest claimed, and the grounds upon which such claim is founded) in (here describe land and refer to certificate of title), forbid the registration of any transfer or other instrument until this caveat is withdrawn by the caveator or by the order of a court of competent jurisdiction, or a judge thereof, or unless such dealing is subject to the claim of the caveator, or until after the lapse of days from the date of the service of notice on the caveator at the following address: (Insert it.)

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I, the above named A. B. (or C. D., agent for the above A. B.,) of (residence and description) make oath (or affirm, as the case may be) and say, that all allegations in the above caveat are true in substance and in fact (and if no personal knowledge, add, as I have been informed and verily believe.) Sworn, etc.

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1. I was personally present and did see named in the (within or annexed) instrument, who is personally known to me to be the person named therein, duly sign and execute the same for the purposes named therein; 2. That the same was executed at the

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in the

and he is

and that I am the subscribing witness thereto;
know the said
age of twenty-one years.

3. That I' in my belief of the full

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