case on the petition of the marquis of powis in the Cause of Nicholls versus  Maynard June where a mortgage be at four and a half per cent with a proviso  that if the interest be pay after each halfyear before three quarter of a year  become due the mortgagee will accept of four per cent if the mortgagor fail of  pay the interest at the appoint time he can be relieve in this court the late  marquis and the petitioner join in mortgage a estate for secure twelve  thousand pound borrow of sir Charles Gunter Nicholls decease with interest at  four and a half per cent but there be a verbal agreement that if the mortgagor  pay the interest for every halfyear before the three quarter become due that  the mortgagee will allow he a atkins abate of a half per cent at the death of  sir Charles Gunter Nicholls there be a considerable arrear of interest and the  mortgagor propose if the defendant the trustee for the plaintiff S daughter of  sir Charles Gunter Nicholls and devisees of the twelve thousand pound will  agree to take four per cent for the arrear of interest that the mortgagor will  be bind to continue the mortgage for seven year upon this proposal it be refer  by the court to a master to see if it be for the benefit of the infant the  master report it to be so and that report be confirm and afterward the  interest be regular pay at the end of every halfyear before the three quarter  be lapse to the lateMarquiss death the petitioner have be entangle in a great  many perplex affair have suffer the interest to run considerable in arrear  since but now offer to the infant guardian and trustee to pay the arrear of  interest at four per cent and as a equivalent for the other half percent  interest upon interest to be compute from the end of each halfyear the simple  interest and the interest upon interest amount together to a thousand and one  pound eleven shilling one of the mortgagee daughter be dead and the whole  beneficial interest in the twelve thousand pound vest in the survivor it be  pray by the petition with the desire of all party that to save the expense of  go b foe e theMaster this sum may be order to be pay to the infant trustee on  or before the d of July next in full of interest due to the d of December last  I do not see how I can make such a order as a infant be concern for as the  mortgage be at four and a half per cent with a proviso that if the interest be  pay after each halfyear before three quarter of a year become due the  mortgagee will accept of four per cent if the mortgagor fail of pay the  interest at the appoint time he can be relieve in this court note Jori v Cox  Prec Charles brown v Barkham p W Walmsley v booth barn Charles Rep Bonafous v  Rybot burr any more than on any other composition between party because the  abate of half per cent by the mortgagee be for prompt payment and the term of  the agreement not be comply with the mortgagee and his representative be  entitle to interest at four and a half percent but if the mortgage have be  make with a reservation of four per cent interest with a proviso that upon  nonpayment thereof within a certain time after it be due the mortgagor shall  pay five per cent such proviso will not be good and have be determine several  time because where the interest be to be increase if not pay at the day that  be but as a nomin pn and relievable in equity Holles v wise vern shall v  Parker vern burr vide hallifax v Higgens vern Prec Charles vide vin Abridg  title mortg letter m Lord chancellor refer it to a master to see whether the  proposal make by the mortgagor will be for the infant benefit