iffues and profits of the fame premiffes, until default shall happen to be made of or in payment of the yearly rent of pounds, or some part thereof, at the times and in manner aforesaid for payment thereof. And in cafe of any fuch default of payment as aforesaid, they the faid A. A. and. B. B. their executors, adminiftrators and affigns, fhall'and may from time to time, by granting, felling, or mortgaging of the faid term of years, or any part thereof, of and in the fame premiffes, or fuch part or parts thereof as to the faid C. C. fhall feem meet, to any perfon or perfons, and by and out of the rents and profits of the fame premiffes, or fuch part or parts thereof in the mean time, as to the faid C. C. fhall feem meet, or by bringing actions against any of the tenants or occupiers of the premiffes, for recovery of the rents and profits, or by any of the faid ways or means as to the faid C. C. or her affigns fhall feem meet, raife for, and pay, to the faid C. C. or her affigns, the faid annuity or yearly rent of pounds, or fo much thereof as from time to time during her life, fhall happen to be in arrear and unpaid, together with fo much more monies as fhall be fufficient for the recompencing the faid C. C. or her affigns, from time to time, all fuch lofs, damages, cofts, charges and expences, as the faid C. C. or her affigns, shall sustain or be put unto, by reafon or means of any fuch default of payment as aforefaid, and shall and may by the ways and means aforesaid, raife for and retain unto themselves fo much money as fhall be fufficient for the fatisfying of all fuch cofts, charges and expences as they refpectively shall sustain, or be put unto, in or about the execution, management and defence of the fame trufts, and trust eftate, and shall pay all the furplus of the money raised by the ways and means aforefaid, unto the perfon or perfons who fhall be next in reverfion or remainder for the time being, immediately expectant on the determination of the faid term of years, according to the limitations aforefaid; Provided, and it is hereby declared and agreed, that from and after the decease of the faid C. C. and payment of the arrears of the faid yearly rent of - pounds, which fhall have become due to her in her life-time, together with the cofts and charges attending the execution of the fame trusts, the faid terms of years fhall cease, determine and be void, any thing herein before contained to the contrary thereof notwithstanding. IN WITNESS, &c. Sealed, &c. D d 25 Defea A Defeazance by Deed-poll, of Part of a Deed of Appointment by a Father upon a Contingency. T% 10 ALL TO WHOM THESE PRESENTS SHALL COME, A. A. of —in the county of —, Esq; fendeth greeting. Whereas, upon fale of the manor and farm ofin the county of and divers lands in the county (late the eftate of I. I. Efq; fon-in-law to the faid A. A.) great part of the monies arifing by fuch fale (being truf-monies) was by the trustees of the faid I. I. his wife and children, paid to and lodged in the hands of E. A. wife of the faid A. A. until the fame fhould be applied and 'difpofed of, for the ufes and purposes directed and agreed upon concerning the fame, in and by fome fettlement or writing made upon the marriage of the said I. I. with H. his now wife, daughter of the faid A. A. AND whereas, the faid E. A. did foon after apply and difpofe of all the faid monies fo lodged in her hands as aforefaid, for the uses and purposes in and by fuch fettlement or writing directed concerning the fame, fave only the fum of - pounds, part thereof. AND whereas, the faid E. A. at the special instance and request of the faid I. I. and H. his wife, did fome time in the months of -and or one of them, in the year 17—, lend the said sum of pounds, (part of the faid trust-monies) unto S. S. Efq; upon his giving to her his note or bond, to repay the fame with intereft, at the rate of - pounds, per cent. per annum, pounds, (part of which faid fum of pounds) the faid S. S. hath fince repaid to her the faid E. A. for the ufes and purposes aforefaid, but the fum of — pounds, refidue thereof, yet remains due upon his faid note or bond, at intereft as aforesaid. AND whereas it may happen, that the faid I. I. and H. his wife, or their children or trustees, or fome others claiming under them, or some of them, may hereafter fue for and recover the faid fum of- pounds, and intereft, (or fo much thereof as fhall not be repaid by the faid S. S.) of and from the faid A. A. his heirs, executors, administrators or trustees, by means whereof the refpective parts and shares of the other children of the faid A. A. and their respective iffue, of and in the refidue and overplus of his real and perfonal eftate which he hath lately fettled upon the trustees for their respective benefit, may be leffened and prejudiced, which he the said A. A. is willing and defrous defirous to prevent, in regard the faid loan was made at the earnest defire of the faid I. I. and H. his wife, and for their benefit. NOW witness these prefents, and the faid A. A. doth hereby expressly order, direct and declare, that in cafe he, his heirs, executors, adminiftrators or trustees, fhall at any time hereafter be fued or molefted for or on account of the faid recited loan, or be compelled or obliged to pay or make good the faid sum of - pounds, or any part thereof, or the intereft thereof, or fhall be otherwife damnified by reafon or means of the faid recited loan, then, and in fuch cafe, all fuch fum and fums of money, and other damages and expences as he, they, or any of them, shall, or any time hereafter, pay, fuftain, expend, or be put unto for or by reafon, or on account of the faid recited loan, or for or by reafon of any fuit or action to be commenced, brought or profecuted against him the faid A. A. his heirs, executors, adminiftrators or trustees, at law or in equity, for recovery of the said sum pounds, or any part thereof, or the intereft thereof, fhall be paid, borne, and made good by and out of fuch part and fhare of the faid refidue or overplus of the faid A. A.'s eftate, as is by him lately fettled or appointed to or for the benefit of, or in truft for the faid H. his daughter, or her children, any thing in the faid fettlement of the faid A. A.'s refidue and overplus of his faid real and perfonal estate contained to the contrary thereof, in anywife notwithftanding. In witness whereof the faid A. A. hath hereunto fet his hand and feal, the of day of in the year of the reign, Sealed, &c. A Defeazance of a Recognizance. This being a Deed declaring a Recognizance entered into by a Vendor of Lands to a fecond Vendee, to be only as a Security to indemnify the purchased Lands against Tithes, except a certain Modus. HIS Indenture, made the Tyear of and A. A. late of - year of our Lord 17, and in the third year of the reign of our fovereign Lord George the fecond, &c. between L. L. widow, and relict of P. L. late of M- -, Efq; deceafed, of the one part, in the county of and now of in the county of Efq; only fon and heir of M. M. late of aforefaid, Efq; deceased, of the other part. Whereas by indenture quadrupartite duly inrolled in Chancery, dated the day of which was in the year of our Lord 17-, and made or mentioned to be made between the faid A. A. deceafed, and the faid A. A. party hereto (by the name of A. A. the younger, Efq; fon and Dd2 heir and in the Mead; Mead, containing by all that clofe or piece -Ground, containand all those pasture Hill, containing that other pasture -, containing by all that meadow or Mead, containing - and heir apparent of the faid A. A. the elder) of the first part, E. D. Efq; (fince deceased) of the second part, F. F. Efq; of the third part, and G. G. gent. of the fourth part, and fine and common recovery duly levied and fuffered in pursuance of the fame indenture, ALL that the manor or lordship, or reputed manor or lordship of faid county of, and divers meffuages, lands, grounds and hereditaments, in the feveral parishes of some or one of them in the faid county of -, and in the fame indenture particularly mentioned and defcribed, and (among others) ALL that clofe of pafture called or known by the name of clofe, containing by eftimatión twenty-four acres, more or less; and all that parcel of meadow, called or known by the name of . and all that meadow ground called or known by the name of Mead, containing by eftimation fifty acres, more or lefs; and all that piece or parcel of meadow, called eftimation twenty-fix acres more or lefs; and of ground called or known by the name of ing by eftimation fifty-five acres, more or lefs; grounds, called or known by the name of by estimation forty acres, more or lefs; and all ground, called or known by the name of eftimation twenty-three acres, more or lefs; meadows, called or known by the name of by eftimation twenty-five acres, more or lefs; and all that clofe of pafture or pafture ground, called by the name of -, containing by eftimation thirty-four acres, more or lefs; and all that piece or parcel of meadow, called or known by the name of — Mead, containing two acres, more or lefs, with their respective appurtenances, were, for the confideration in the fame indentures mentioned, abfolutely limited and conveyed, to the ufe and behoof of the faid E. D. his heirs and affigns for ever. AND whereas by indenture, dated the which was in the year of our Lord 17, and made, or mentioned to be made, between the faid A. A. deceased, and A. A. party hereto, of the one part, and the faid E. D. Efq; of the other part, reciting (among other things) that they the faid A. A. deceafed, and A. A. party hereto, for the confideration therein mentioned, and fold to the faid E. D. and his heirs, ALL the faid manor of, and other the lands, hereditaments and premiffes therein, and (among others) herein above mentioned, and all their manors, lands and hereditaments whatsoever, in the faid county of (other than and except the woods, coppices and woodgrounds, and the foil thereof, called or known by the name of woods, containing by eflimation, 260 acres more or less); and that the faid A. 4. deceafed, and A. A. party hereto, did affirm and declare, during their treaty with the faid E. D. for the fale of the faid manors and premifles fo by them fold him as aforefaid, that the faid feveral clofes and grounds called Ground, day of Hill, Mead, Ground, Mead, and -Mead, were exempt and discharged of and from the payment of all manner of tithes, or any thing in lieu of tithes ; and that the faid ground called Mead, was also exempt and difcharged of and from the payment of tithes in kind, or any thing in lieu thereof, other than a modus of 10 s. yearly; and that a piece of ground, called Ground, lying in the faid meadow, called Mead, was exempt and difcharged from the payment of tithe hay, and did fell to the faid E. D. the fame closes, grounds and meadows, as were fo refpectively exempt and difcharged as aforefaid; and did engage and agree, that the faid E. D. and his heirs or affigns, and his or their trustees, fhould and lawfully might hold and enjoy the fame clofes, meadows and grounds, fo refpectively exempt and difcharged as aforefaid. Therefore, to the end to indemnify and fave harmless the faid E. D. his heirs, executors, adminiftrators and affigns, and the faid manor, lands, hereditaments and premiffes therein above mentioned to be purchased by him, of, from and against feveral fums of money therein mentioned, and which are all fince fatisfied and difcharged, and alfo to fecure the faid E. D. his heirs and affigns, and his and their trustees, from and against the payment of tithes in kind for the faid feveral and refpective clofes, meadows and grounds therein and herein above mentioned to be exempt and discharged thereof as aforefaid, or any thing or things in lieu thereof, (other than aforefaid) and for other confiderations in the faid laft mentioned indenture expreffed, they the faid A. A. deceased, and A. A. party hereto, did thereby grant and demife unto the faid E. D. all the faid woods, coppices, and wood grounds and the foil thereof, with the appurtenances, called, -Woods, To bold the fame premiffes unto the faid E. D. his executors, adminiftrators and affigns, from the day before the day of the date of the fame indenture, for the term of years without impeachment of wafte, under a provifo therein contained, (among other things therein mentioned, and which have been fince done and performed) that if the faid E. D. his heirs and affigns, and his and their trustees, and their refpective heirs, executors, adminiftrators and affigns refpectively, fhould and lawfully might from thenceforth have, hold and enjoy, (for their feveral and refpective eftates and intereft therein) the faid feveral clofes, meadows and grounds, called Hill, Ground, Mead, Mead, Mead, and the faid Mead, and Ground, exempt and difcharged of and from the payment of tithes or other thing in lieu thereof, (other than and except as therein and herein before is mentioned, according to the contract and agreement of them the faid A. A. deceased, and A. A. party hereto as aforefaid, then the faid indenture, and the faid term of years, fhould ceafe and be void. And they the faid A. A. deceased, and A. A. party hereto, did in and by the faid laft mentioned indenture, covenant with the faid E. D. (among other things) that he the faid E. D. his heirs and affigns, |