OpenLegislation

Section II Persons having mortgaged and mortgaging again without Notice to the Second or other succeeding Mortgagee, to lose his Equity of Redemption.

Original text. Later amendments are not shown.

And be it further enacted by the Authority aforesaid That if any Person or Persons who have or hath once mortgaged or from and after the said First day of May shall mortgage any Lands or Tenements to any Person or Persons for Security of Money lent or otherwise accrued or become due or for other valuable Considerations And if the said X1Mortgager or X2Mortgagers shall again mortgage the same Lands or Tenements or any part thereof to any other Person or Persons for valuable Considerations (the said former Mortgage being in force and not discharged) and shall not discover to the said second or other Mortgagee or Mortgagees or some or one of them the former Mortgage or Mortgages in writing under his or their Hands That then and in those cases also the said Mortgager or Mortgagers his her or their Heires Executors Administrators or Assigns shall have no Relief or Equity of Redemption against the said second or after Mortgagee or Mortgagees his her or their Heirs Executors Administrators or Assignes upon the said after mortgage or mortgages but that such Mortgagee or Mortgagees his X3 or their Heirs Executors Administrators and Assigns shall and may hold and enjoy such more then once mortgaged Lands and Tenements for such Estate and Terme therein as were or was granted and conveyed by the said Mortgager or Mortgagers against him her or them his her or their Heires Executors or Administrators respectively freed from Equity of Redemption and as fully to all intents and purposes as if the same had been and absolute purchase and without any power or liberty of Redemption.

Annotations

Editorial notes

X1

Variant reading of the text noted in The Statutes of the Realm as follows: Mortgagor O. [O. refers to a collection in the library of Trinity College, Cambridge]

X2

Variant reading of the text noted in The Statutes of the Realm as follows: Mortgagors O. [O. refers to a collection in the library of Trinity College, Cambridge]

X3

Variant reading of the text noted in The Statutes of the Realm as follows: her O. [O. refers to a collection in the library of Trinity College, Cambridge]