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and profits, as fhall be fo in arrear, and the diftrefs and diftreffes then and there found, to take, lead, drive, carry away and impound, and in pound to detain and keep, or otherwife to difpofe thereof according to due courfe of law, until he the faid C. C. fhall be for fuch rents, iffues, and profits, duly fatisfied, contented and paid; or otherwife, in the name of the said A. A. party hereunto, to fue for and profecute, in all or any of the courts of law or equity, all and every, or any of the tenant or tenants of the fame premises, or any part thereof, that shall from time to time be fo in arrear of his, her, or their refpective rents, and in fuch fuit or fuits to proceed, until fuch rents fhall be respectively fully paid and satisfied; and generally, to do and act all and every other acts, matters, and things whatsoever, for the collecting, raifing, receiving, and getting in, all and every of the rents, iffues, and profits of the fame premifes, and every or any part thereof, as fully and effectually, to all intents and purposes, as he the faid A. A. party hereunto, might do if perfonally prefent; he the said A. A. hereby ratifying, confirming, and allowing all and whatfoever his faid attorney fhall lawfully do, or caufe to be done, in or about the premifes; And the faid A. A. party hereunto, doth hereby direct and appoint, all and every tenant and tenants of the fame manors, meffuages, lands, tenements, hereditaments, and premifes, or any part or parts thereof, to pay unto the faid C. C. all and every the rents, iffues, and profits of the fame premifes, and every part thereof; And doth hereby declare and agree, that his receipt and receipts fhall be good and fufficient discharges for the fame respectively; And the faid A. A. party hereunto, doth hereby authorife, direct, and appoint the faid C. C. by, with, and out of the faid rents, iffues, and profits, fo to be by him, from time to time, received as aforefaid, in the first place, to pay and fatisfy unto the faid B. B. his executors, adminiftrators, and affigns, all intereft due and payable, and from time to time to grow due or payable, for or in refpect of the faid fum of pounds, and every or any part thereof, at the rate of

pounds per cent. per annum, at fuch days and times, and in fuch manner as the fame is herein before made payable, according to the purport, true intent and meaning of these prefents, and of the faid reci-. ted articles: AND in the next place to pay and fatisfy the intereft of the faid charity of pounds, and the faid yearly fums of pounds a-piece, for the maintenance of the faid D. A. and E. A. and the faid yearly annuity of pounds, fecured by the faid recited recognizance for the life of him the faid A. A. party hereunto, as and when the fame fhall refpectively become due and payable; AND in the next place, to detain and fatisfy unto himfelf the faid C. C. the yearly fum of →→→→ pounds, for his pains. and trouble in and about the premises, for fo long time as he fhall be continued attorney, and employed in collecting, receiving, and getting in the faid rent, illues, and profits, in manner and for the purposes aforefaid; AND in the last place, to render and pay over all the rest and refidue of fuch rents, illues, and profits, (over and above fo much

thereof

thereof as fhall from time to time be paid and applied for the purposes aforefaid), unto him the faid A. A. party hereunto, his heirs and affigns, to and for his and their own ufc and benefit: AND the faid A. A party hereunto, doth hereby for himself, his heirs, executors, and adminiftrators, covenant, promife, grant, and agree, to and with the faid B. B. his heirs, executors, administrators, and affigns, in manner following, that is to fay, that he the faid A. A. fhall not, nor will, (without the privity and confent of the faid B. B. his executors, adminiftrators, or affigns, to be obtained in writing, under his or their hand and feal, or hands and feals), revoke or make void the letter of attorney hereby made, or the powers and authorities thereby given unto the faid C. C. until the faid fum of

pounds, and all the intereft thereof, at the rate aforefaid, shall be fully paid and fatisfied unto the faid B. B. his executors, adminiftrators, or affigns. AND FURTHER, That in case the faid C. C. fhall die, or refufe, or neglect to act and proceed in receiving the faid rents, iffues, and profits of the faid premifes, and to apply the fame in manner aforefaid, untill the faid fum of - pounds, and all the intereft thereof shall be paid and fatisfied as aforefaid, or fhall otherwife misbehave himself in relation to the premifes, and the truft hereby in him repofed, then, and in any of the faid cafes, he the faid A. A. party hereunto, fhall and will make and execute one or more fufficient letter or letters of attorney, to fuch other fit and proper perfon or perfons as fhall be approved and allowed by the faid B. B, his executors, adminiftrators, or affigns, whereby to authorife and impower fuch other person or perfons to collect, take, get in, and receive the faid rents, iffues, and profits of the faid manors, lands, hereditaments, and premifes, by the ways and means, and for the purposes aforefaid; and fo from time to time, and as often as any of the faid cafes fhall happen, with respect to any attorney or attornies, who, for the time being, fhall be authorifed for the purposes, and in manner aforefaid, until the faid fum of pounds, and all intereft

for the fame, fhall be fully fatisfied and paid, according to the true intent and meaning of these prefents. AND the faid C. C. doth hereby for himself, his heirs, executors, and adminiftrators, covenant, promife, and agree, to and with the faid B. B. his executors, adminiftrators, and affigns, that he the faid C. C. fhall and will, from time to time, and fo long as he fhall be continued attorney, and be employed in manner, and for the purpofes aforefaid, well and truly pay, apply, and difpofe of all the rents, iffures, and profits, of all and every of the faid manors, meffuages, lands, tenements, hereditaments, and premises, by him from time to time to be received, unto fuch perfons, and in fuch crder and courfe, and for fuch purposes and in fuch manner as are herein before and in that behalf directed and agreed upon, according to the purport, true intent and meaning of these prefents, and the truft hereby in him repofed. In witness &c. Sealed &c.

Appointing

Appointing a receiver of an eftate in mortgage, for the better pay ment of the intereft; in which is a power to cut down underwood: And also an agreement, in cafe the mortgage-money be taxed, that the mortgagor fhall pay the increase of intereft.

HIS INDENTURE, tripartite, made the

THIS

and in the

day of year of the reign &c. BETWEEN A. A. of &c. Gent. of the first part; B. B. of &c. Efq; of the fecond part; E. E. of &c. Efq; and H. H. of &c. Gent. of the third part; Whereas the faid A. A. and J. J. of c. Efq; in and by their indenture of mortgage, bearing even date with these prefents, for the confideration of -pounds of lawful money of Great Britain therein mentioned, to be paid unto the said A. A. and of five fhillings to the faid 7. 7. by the faid E. E. and H. H. did bargain, fell, demife, limit, direct, and appoint unto the said E. E. and H. H. their executors, adminiftrators, and affigns, ALL that the manor, or reputed manor, or lordfhip of with the appurtenances, in the county of AND ALSO all the other meffuages, clofes, lands, tenements, and hereditaments whatsoever, of them the faid A. A. and J. 7. or either of them, in the parish, fields, and bounds of aforefaid, with their and every of their appurtenances, To hold the fame for years, at the rent of a pepper-corn, if demanded; in which faid recited indenture is contained a provifoe for making void the faid term, on payment of the fum of pounds on the days therein mentioned, as by the faid recited indenture, reference being thereunto had, may more fully appear. AND WHEREAS, before the making the faid recited indenture, the faid A. A. agreed, that in cafe they the faid E. E. and H. H. fhould be taxed for the faid pounds principal money, or any part thereof, then he the faid A. A. fhould and would pay fo much of the said taxes as would make up the intereft of the said mortgage-money, being now at 51 per cent. per annum, full 6 l. per cent. per annum, notwithstanding the faid mortgage-money is mentioned in the faid mortgage deed to be lent at 5l. per cent. per annum, and to that end and purpose he the faid A. A. should and would, by a writing under his hand and feal, make one or more letter or letters of attorney irrevocable, to authorise the said B. B. to receive and take all the rents, iffues, and profits, of the faid manor of and all other the

faid mortgaged premises, to the intent, in the first place, to pay unto the faid E. E. and H. H. their executors, adminiftrators, and affigns, the intereft of the faid fum of pounds. And alfo in cafe the faid fum of pounds, or any part thereof, should be taxed as aforesaid, so much more as fhall make up the faid interest of 51. per cent. per annum, full 61. per cent. per annum, as the fame shall become due and payable, during all fuch time as the said manor and premifes fhould continue, and be a fecurity for the faid fum of pounds, and the intereft thereof; and after full payment thereof, the'

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refidue

refidue and overplus of the rents, iffues, and profits of the faid premifes, (if any fhould be, after all just allowances deducted) to be rendered and paid by the said B. B. unto the faid A. A. and the said 7. 7. refpectively, according to their refpective eftates in the faid premiles. AND it was alfo agreed, That if the faid B. B. fhould. happen to die before the faid pounds and intereft should be paid, or refufe or neglect to take and receive the faid rents, according to the faid letter of attorney, then he the faid A. A. fhould and would make and execute one or more letter or letters of attorney, to fuch other fit perfon or perfons as they the faid E. E. and H. H. their executors, administrators, and affigns fhould think fit, for receiving and taking the rents, iffues, and profits of the said manor and mortgaged premifes, for the purposes aforefaid. Now these prefents witness, that the faid A. A. in purfuance of the faid agreement, and for the true payment of the intereft of the faid fum of

in

pounds, in manner and form as aforefaid, and of fuch proportion of taxes as is before mentioned, hath deputed, constituted, and appointed, and in his place and stead put, and by these presents doth depute, conftitute, and appoint, and in his place and ftead put the faid B. B. his true and lawful attorney, in the name of the faid A. A. to demand and receive of all and every the tenant and tenants of the said A. A. holding, or to hold, all or any of the faid manor and mortgaged premises aforefaid, all and every the rents and profits thereof, as shall from henceforth become due and payable, upon and by virtue of any demise or lease made, or to be made thereof, or any part thereof; And in default of payment thereof, in the name of the faid A. A. to enter into, and upon all or any of the faid premifes, and there to diftrain for fuch rent as fhall be in arrear, and such distress to take, lead, drive, carry away, and impound; and if fuch rents fhall not be paid, to fell and difpofe of all fuch diftreffes, according to the law in that cafe made and provided; or in the name of the faid A. A. to fue for and profecute in all or any of the courts of law or equity, all and every the tenant and tenants of the faid premises, as shall from time to time be in arrear of his, her, or their rents, and proceed in fuch fuit or fuits until such rents shall be fully paid and fatisfied: And to act and do all and every other thing and things whatfoever for the raifing, receiving, taking, and getting in, the rents and profits of the faid premifes, and every part thereof, or by felling of any underwoods, for or on the trufts, and to and for the intents and purpofes herein before mentioned concerning the fame. AND the faid A. A. dotb hereby direct and appoint all and every the tenant and tenants of the faid manor and premifes to pay unto the faid B. B. all and every the rents and profits of the faid manor and premifes, for the purposes aforefaid; and doth hereby declare and agree, that his receipt and receipts fhall be a good and fufficient difcharge and discharges for the fame refpectively. AND the faid A. A. for himself, his heirs, executors, and adminiftrators, and every of them, auth covenant and agree to and with the said E. E. and H. H. their executors, admini

ftrators,

ftrators, and affigns, that he the faid A. A. fhall not, nor will not, revoke, or make void this prefent letter of attorney, or the power thereby granted to the faid B. B. until the faid

pounds, and all the intereft thereof, fhall be fully paid and fatisfied, but shall and will, in cafe the faid B. B. fhall do or refufe, or neglect to proceed in the receiving the faid rents and profits of the faid premises, before the faid— pounds, and all the intereft thereof fhall be fully paid and fatisfied, make and execute one or more fufficient letter or letters of attorney, whereby to authorise fuch fit perfon or persons. to take and receive the faid rents and profits of the faid manor and premifes, for the purposes aforefaid, as they the faid E. E. and H. H. their executors, adminiftrators, or affigns, fhall from time to time direct or appoint. AND the faid A. A. for himself, his heirs, executors, and adminiftrators, and every of them, doth further covenant, grant and agree, to and with the faid E. E. and H. H. their executors, adminiftrators, and affigns, and every of them, by these prefents, that in case the said E. E. and H. H. their executors adminiftrators, or affigns, fhall happen to be affeffed, and pay any tax or taxes for the faid pounds, or any part thereof, then he the faid A. A. fhall and will pay and reimburse them the faid E. E. and H. H. their executors, adminiftrators, or affigns, all or fo much of such tax or taxes as fhall make up the faid intereft money of the said pounds full 61 per cent. per ann. according to the agreement herein before mentioned concerning the fame, any thing in the faid indenture of mortgage contained to the contrary thereof in anywife notwithstanding. In witness &c.

Award (by Arbitration Bond.)

That one party hall convey land and pay money to the other. All fuits to ceafe. The parties mutually to give releafes to each other.

Tde

O ALL TO WHOM this prefent writing of award indented fhall come, A. A. of &c. Gent. C. C. of &c. Efq; and D. D of &c. yeomen, fend greeting: WHEREAS divers fuits, dif-. putes, controverfies, and differences, have happened and arifen, and are now depending, between E. E. of &c. Gent. and F. F. of &c. Efq; for pacifying, compofing, ordering, and ending whereof, the faid E. E. and F. F. have bound themselves, each to the other, in the penal fum of pounds, of lawful money of Great

Britain, by two feveral bonds or obligations, bearing date the day of laft paft before the date hereof, with condition thereunder written, to ftand to, obey, abide, perform, and keep the award, order, arbitrament, final end, and determination of the faid A. A. C. C. and D. D. arbitrators indifferently named, elected, and chofen, as well on the part and behalf of the faid E. E. as of the.

A a 2

faid

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