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Statutory Declaration

mortgage, stated, money, day and mortgagor

STATUTORY DECLARATION. A decla ration in writing, made in accordance with the Statutory Declarations Act, 1835, by which a person solemnly declares that he verifies sonic circumstance or fact. For example, if it should he necessary for Smith This Indenture made by way of statutory mortgage the day of 1882, be tween A, of [etc.] of the one part and M. of [etc.] of the other part Witnesseth that in consideration of the sum of E, now paid to A. by M. of which sum A. hereby acknowledges the receipt A. as mortgagor and as beneficial owner hereby conveys to M. all that [etc.] To hold to and to the use of M. in fee simple for securing payment on the day of 1883, of the prin cipal sum of I as the mortgage money with interest thereon at the rate of [four] per centum per annum.

In witness, etc.

By Section 26 :— " (2) There shall be deemed to be in cluded, and there shall by virtue of this Act be implied, in the mortgage deed " First, a covenant with the mortgagee by the person expressed therein to convey as mortgagor to the effect following (namely) : " That the mortgagor will, on the stated day, pay to the mortgagee the stated mortgage money, with in terest thereon in the meantime, at the stated rate, and will thereafter, if and as long as the mortgage money, or any part thereof, remains unpaid, pay to the mortgagee in terest thereon, or on the unpaid part thereof, at the stated rate, by equal half-yearly payments, the first thereof to be made at the end of six calendar months from the day stated for payment of the mortgage money : " Secondly, a proviso to the effect following (namely) : " That if the mortgagor, on the stated day, pays to the mortgagee the stated mortgage money, with interest thereon in the meantime, at the stated rate, the mortgagee at any time thereafter, at the request and cost of the mortgagor, shall re convey the mortgaged property to the mortgagor, or as he shall direct."

The following is the form given in the Act of a statutory transfer of mortgage, a covenantor joining : This Indenture made by way of statutory transfer of mortgage the day of 1883, between A. of [etc.] of the first part B. of [etc] of the second part and C. of [etc.] of the third part supplemental to an inden ture made by way of statutory mortgage dated the day of 1882, and made between [etc.] \Vitnesseth that in considera tion of the sum of Z now paid to A. by C. being the mortgage money due in respect of the said mortgage no interest being now due and payable thereon of which sum A. hereby acknowledges the receipt A. as mort gagee with the concurrence of B. who joins herein as covenantor hereby conveys and transfers to C. the benefit of the said mortgage.

In witness, etc.

By Section 27, the deed shall have effect as follows : " 2. (a) There shall become vested in the person to whom the benefit of the mortgage is expressed to be trans ferred. who, with his executors, ad ministrators, and assigns. is here after in this Section designated the transferee, the right to demand, sue for, recover, and give receipts for the mortgage money, or the unpaid part thereof, and the interest then to have proof that Brown has been (as he maintains) in possession of a certain property for a specified period, Smith may be satisfied to accept a statutory declaration from, say, Jones, formally stating that he is able, from his own knowledge, to vouch for the accuracy of Brown's assertion.