dorsed on such mortgage security, or to be under-written or thereunto annexed, and signed in the presence of and attested by one or more credible witness or witnesses; (that is to say),

I, A. B. [or, I, C. D., assignee, executor, or, administrator of A. B., as the case may happen] do hereby assign and transfer this mortgage security, with all my right and title to the principal money thereby secured, and all interest now due and hereafter to grow due upon the same, unto E. F., his [or, her] executors, administrators,

18-. (Signed) A. B. [or, C. D.]

Witness, G. H. Which transfer shall be produced and notified to the clerk, or treasurer of the said trustees, within two calendar months next after the day of the date thereof, who shall enter the same in the said book or books, for which entry the said clerk or treasurer shall be paid the sum of 5s. and no more; and such transfer shall then entitle such assignee, his executors, administrators, and assigns, to the full benefit of such mortgage security; and every such assignee may, in like manner, assign or transfer the same, and so toties quoties:-And it shall not be in the power of any person or persons (except the person or persons to whom the same shall be last transferred, his, her, or their respective executors or administrators,) to release, discharge, or make void the original mortgage security, or the monies due thereon, or any part thereof:-And all persons to whom any such mortgage or transfer shall be made as aforesaid shall, in proportion to the sum or sums of money thereby secured, be creditors on the tolls by such Act granted, and on the said toll-gates and tollhouses, in equal degree one with another, or in such order as shall be agreed upon and stipulated by the said trustees at the time of the advance of their respective

dorsed on such mortgage security, or to be under-written or thereunto annexed, and signed in the presence of and attested by one or more credible witness or witnesses; (that is to say),

I, A. B. [or, I, C. D., assignee, executor, or, administrator of A. B., as the case may happen] do hereby assign and transfer this mortgage security, with all my right and title to the principal money thereby secured, and all interest now due and hereafter to grow due upon the same, unto E. F., his [or, her] executors, administrators,

Witness, G. H. (Signed) A. B. [or, C. D.] Which transfer shall be produced and notified to the clerk, or treasurer of the said trustees, within two calendar months next after the day of the date thereof, who shall enter the same in the said book or books, for which entry the said clerk or treasurer shall be paid the sum of 5s. and no more; and such transfer shall then entitle such assignee, his executors, administrators, and assigns, to the full benefit of such mortgage security; and every such assignee may, in like manner, assign or transfer the same, and so toties quoties:-And it shall not be in the power of any person or persons (except the person or persons to whom the same shall be last transferred, his, her, or their respective executors or administrators,) to release, discharge, or make void the original mortgage security, or the monies due thereon, or any part thereof:-And all persons to whom any such mortgage or transfer shall be made as aforesaid shall, in proportion to the sum or sums of money thereby secured, be creditors on the tolls by such Act granted, and on the said toll-gates and tollhouses, in equal degree one with another, or in such order as shall be agreed upon and stipulated by the said trustees at the time of the advance of their respective

Any mortgagee may maintain ejectment. In the case of Doe ex dem. Banks v. Booth (a), it was decided, upon a mortgage of tolls similar to the above form, that any one creditor might maintain an ejectment for the tollhouses, &c.; but that he would become the bailiff of the rest of the creditors as to all except his own proportion. The principle of this decision is thus broadly stated by Lord Eldon, C. J.-Alluding to the case of Fairtitle v. Gilbert (b), in which the trustees were not empowered to mortgage the toll-houses, his Lordship observes, "It was thought, that if a power had been given to mortgage the toll-gates a difficulty would have arisen, by giving a preference, which was contrary to the intention of the Act. But it does not appear to me that this difficulty would have arisen, even if such a power had been given. For I should have been inclined to hold, that whatever were the form of the demise, it could only operate so as to effectuate the Act; that is, so that every other creditor should receive his due proportion, for which purpose the mortgagee must have stood in the situation of bailiff or trustee for all the other creditors."

In confirmation of this decision it is enacted, by Stat. 3 Geo. 4. c. 126, s. 49, That if any mortgagee or mortgagees of any tolls, toll-gates, bars, chains, toll-houses, and buildings, on any turnpike road, shall seek to obtain the possession of the said toll-gates, bars, chains, tollhouses, and buildings, in order to pay himself, herself, or themselves the principal money and interest, or any part thereof, due to him, her, or them, it shall be competent for him, her, or them, as lessor or lessors of the plaintiff, and upon his, her, or their demise only, and without uniting in such demise the other mortgagees of

(a) 2 Bos. & Pul. 219.

(b) See ante, p. 302, note (a).

the said tolls and premises, to obtain such possession:But such person or persons who shall obtain the possession thereof, shall not apply the tolls which may consequently be received by him, her, or them, to his, her, or their own exclusive use and benefit, but to and for the use and benefit of all the mortgagees of the said premises, pari passu, and in proportion to the several sums which may be due to them as such mortgagees.

Recovery of subscriptions. -By Stat. 9 Geo. 4. c. 77. s. 7, It is enacted, That the several and respective persons who shall subscribe for or agree (a) to advance any money for or towards the making or maintaining any turnpike road or roads, or highway intended to be made turnpike, shall and they are hereby required to pay the sum or sums of money so subscribed, within such time or times, and in such parts and proportions, as shall be expressed in the writing which shall be subscribed by them or on their behalf, or as the trustees of any such turnpike road shall order and direct; and the same shall be demanded by and paid to such person or persons as the said trustees shall, by any writing under their hands, authorize to receive the same:-And if any person or persons shall neglect or refuse to pay the same or any part thereof, as aforesaid, it shall be lawful for the said trustees to sue for the same in the name of any one of such trustees or of their treasurer or clerk, and to recover the same, together with full costs of suit, in any of his Majesty's Courts of Record, by action of debt, or on the case, by bill, plaint, suit, or information, wherein no essoign, protection, or wager of law, nor more than one imparlance, shall be allowed:-And all such monies shall be vested in