fold, with their and every of their appurtenances, unto the faid G. P. his executors, adminiftrators, and affigns, for and during the term of years, from thenceforth next enfuing, and fully to be compleat and ended, without impeachment of, or for any manner of wafte, under the yearly rent of one pepper corn, payable on the feaft of St. Michael the Archangel only, if the fame be lawfully demanded; in which faid recited indenture is contained a provifo or condition. of redemption for making the fame void, on payment of the fum of pounds, of lawful money of Great Britain, unto the faid G. P. his executors, adminiftrators, and affigns, on certain days, and in manner and form as in the faid provifo for that purpose mentioned and appointed, as in and by the recited indenture, relation being thereunto had, more fully and at large it doth and may appear; AND WHEREAS the faid fum of

pounds, or any part thereof, was not paid by the faid 7. N. to the faid G. P. on the days for that purpofe in the faid above mentioned provifo appointed, by reafon whereof the estate in law of the faid G. P. is become abfolute in the premises, during the remainder of the faid term of years; AND WHEREAS upon an account this day made up, between the faid 7. N. and the faid G. P. there appeared to be due and owing unto the faid G. P. on the fecurity of the faid premises, for principal money and intereft, the fum of pounds, of lawful money of Great Britain ; AND WHEREAS the faid N. G. hath lately purchafed to himself and his heirs, of the faid 7. N. the fee-fimple and inheritance all and fingular the premises above mentioned, NOW to the end the faid term of years, may be kept on foot and preserved, to attend and wait upon the reversion and inheritance of the faid premifes, and to protect and defend the fame from and against all incumbrances, fubfequent to the creation of the faid term; THIS INDENTURE WITNESSETH, That for and in confideration of the fum of pounds, of lawful money of Great Britain, to him the faid G. P. in hand paid by the faid N. G. (by and with the consent, direction, and appointment, of the faid 7. N. teftified, by his being made a party to, and his fealing and delivery of these presents), the receipt whereof the faid G. P. doth hereby acknowledge, and thereof, and of every part thereof, doth acquit and difcharge the faid N. G. his heirs, executors, adminiftrators, and affigns, and every of them for ever by these prefents; AND in confideration alfo of

of like money to the faid G. P. in hand paid by the faid E. Y. the receipt whereof is hereby acknowledged, he the faid G. P. by and with the like confent, direction, and approbation of the faid N. G. teftified as aforefaid, HATH bargained, fold, affigned, and fet over, and by these presents DOTH bargain, fell, affign, and set over, unto the faid E. r. (by the nomination and appointment of the said N. G.) ALL that the faid clofe or parcel of ground in the above recited indenture mentioned to be granted, and every part thereof, with the appurtenances; AND ALSO all the eftate, right, title, intereft, term of years, claim, and demand whatfoever, of him the faid G. P.

of, in, and to the faid premifes, and every part thereof, with the appurtenances, together with the faid in part recited indenture; TO HAVE AND TO HOLD the faid clofe or piece of ground, and premifes hereby affigned, or mentioned, or intended to be hereby af figned, with their and every of their appurtenances, together with the faid in part recited indenture, unto the faid E. Y. his executors, adminiftrators, and affigns, from thenceforth for and during all the reft and refidue of the faid term of one thousand years above mentioned, which is yet to come and unexpired, IN TRUST for the faid M. G. and his executors and affigns, and fuch other perfon and perfons to whom the freehold and inheritance of the fame premifes fhall appertain and belong, to protect and defend the fame from all fubfequent incumbrances, and to and for no other ufe, truft, intent, or purpose whatsoever; AND the faid G. P. for himfelf, his executors and administrators, doth covenant, promife, grant, and agree, to and with the faid M. G. his heirs, executors, adminiftrators, and affigns, by these prefents, that he the faid G. P. hath not at any time before the fealing and executing of thefe prefents, done, or committed any act, matter, or thing whatsoever, whereby or wherewith the faid premises, hereby affigned, or mentioned, or intended fo to be, or any part thereof, are, fhall, or may be any ways charged, burthened, or incumbered, in title, eftate, or otherwife how foever; AND the faid E. Y. for himself, his executors and adminiftrators, and for every of them, doth covenant, promife, grant, and agree, to and with the faid M. G. his heirs, executors, adminiftrators, and af figns, by these prefents, that he the faid E. Y. his executors, adminiftrators, and affigns, fhall and will permit and fuffer the faid prior term, and estate to him hereby affigned, and the rents, iffues, and profits thereof, to be from time to time had, received, taken, and enjoyed by him the faid M. G. his heirs and affigns, according to the true intent and meaning of thefe prefents, without any the lett, hindrance, trouble, denial, claim, interruption, or difturbance whatfoever, of him the faid E. Y. his executors, adminiftrators, or affigns. In witness &c.

Sealed &c.

Of outstanding debts to creditors.

HIS INDENTURE tripartite, made the

THIS

in the

day of

year of the reign of our Sovereign Lord George the Third, by the Grace of God of Great Britain, France, and Ireland, King, Defender of the faith &c. and in the year of our Lord

county of

of

BETWEEN 7. B. of

in the

, taylor, of the firft part; S. C. and W. A. of woollen drapers, J. W. woollen draper, and

in the county of
in the county of

R. M. of ——, in the county of -, Gent. truftees named and appointed for the purposes herein aftermentioned of the fecond part; and the feveral other perfons who fhall come in and hereunto fubfcribe

6

M

their

their names, and fet their feals, creditors of the faid J. B. of the third part; WHEREAS the faid 7. B. is juftly and truly indebted to the faid S. C. W. A. J. W and R. M. and to the several other perfons whose names are hereunder written, creditors of the faid 7. B. in the feveral fums of money placed againft their respective names, which he is not at prefent able to pay down or discharge; but being defirous to do every act in his power to fecure and difcharge the payment thereof, HATH propofed to affign and make over all his outstanding debts, mentioned and contained in the schedule hereunder written, for the benefit of his faid creditors; AND WHEREAS the creditors of the faid 7. B. have agreed to accept the faid propofal in discharge of their said respective debts, so far as the fame will extend, and that an affignment of his outstanding debts should be made to the faid S. C. W. A. J. W. and R. M. upon the trufts, and for the purposes herein after expreffed; AND in confideration thereof, and of his the faid 7. B.'s giving all the affiftance in his power in the getting in his faid outstanding debts, his faid creditors do hereby confent and agree to give him the faid 7. B. free liberty, licence, and refpite, from their respective claims and demands on him for three calendar months from the date hereof: NOW THIS INDENTURE WITNESSETH, That the faid J. B. in pursuance of, and in performance of the faid agreement, and alfo for and in confideration of to him in hand paid, by them the faid S. C. W. A. J. W. and R. M. at or before the execution of these prefents, the receipt whereof is hereby acknowledged, HATH granted, bargained, fold, transferred, and affigned, and by thefe prefents DOTH grant, bargain, fell, transfer, and affign, unto the faid S. C. W. A. J. W. and R. M. ALL and fingular the out ftanding debts, and fecurities for debts mentioned and contained in the fecond schedule hereunder written, and all the eftate, right, title, and intereft, property, claim, and demand, of him the faid . B. of, in, and to the fame, and every or any part thereof, TO HAVE, HOLD, take, receive, and enjoy the faid outffanding debts and fecurities for debts, and all and fingular other the premifes before mentioned, and intended to be hereby affigned, and transferred unto the faid S. C. W. A. J. W. and R. M and the rest of the creditors of the faid 7. B. who shall seal and execute these prefents, their, and each, and every of their executors, adminiftrators, and aligns, in as ample and beneficial a manner as the faid . B. could, or might have had, held, taken, received, and enjoyed the fame, in cafe thefe prefents had not been made; IN TRUST nevertheless, and to and for the intents and purposes, and fubject to the trufts and agreements herein after expreffed and contained; that is to fay, UPON TRUST, and to the intent and purpose that the said truflees fhall, with all convenient fpeed, caufe the faid affigned debts to be collected and got in, and apply the monies, after deducting the coits, charges, and expences, attending the execution of the faid trufts, in paying to, and diftributing the fame among themselves the faid S. C. WA. 7 W. and R. M. and all and every other the creditors of the faid 7. B. who fhall come in and execute thefe prefents, their, and each and every of their respective executors

and

and administrators, the feveral debts or fums of money due to them, and mentioned, and contained against their respective names hereunder written, without any preference or priority, by an equal poundrate, in proportion to the quantum of their refpective debts, until the fame fhall be fully paid, fatisfied, and difcharged; AND UPON FURTHER TRUST, after full payment of all and every debt and debts, and of all cofts and charges relating to the trufts of thefe prefents, to pay the overplus (if any there fhall be) unto the faid 7. B. his executors, adminiftrators, or affigns; AND the faid 7. B. for the confiderations aforefaid, HATH made, ordained, conftituted, and appointed, and by these prefents DOTH make, ordain, conftitute, and appoint, the faid S. C. W. A. J. W. and R. M. and each of them, their, and each of their executors and adminiftrators, his true and lawful attorney and attornies, irrevocably, in his name, but for the uses, trufts, intents, and purposes aforefaid, to afk, demand, fue for, recover, get in, and receive, ALL his the faid . B.'s outftanding debts, of what nature or kind foever the fame may be, belong. ing to him the faid 7. B. or to him due or owing from any perfon or perfons whatsoever, or that are in the hands, cuftody, or power of any perfon or perfons in truft for him, or for his ufe, or which he is any ways interested in, or entitled to, or which he can come at by fuit in law or equity; AND on receipt of the fame, or any part thereof, accquittances, releafes, or other fufficient difcharges in his name, to make, feal, and execute; AND on refufal or non-payment thereof, or of any part thereof, to fue, imprison, implead, and profecute, all and every fuch perfon or perfons, as fhall in any respect make default in the premises; AND one or more attorney or attornies, under them, or any of them, to fubftitute, and at their pleasure to revoke, and generally to do, perform, and execute, all fuch further and other lawful and reasonable acts, matters, and things whatfoever, in and about the premifes, as fully and effectually as he the faid 7. B. might or could do if perfonally prefent, giving, and by thefe prefents granting, unto his faid attorney and attornies, his full and abfolute power in the premises, ratifying and confirming all and whatfoever his faid attorney or attornies, and his and their fubftitutes fhall lawfully do, or cause to be done, in and about the premises, by virtue of thefe prefents; AND the faid J. B. for himfelf, his executors and adminiftrators, doth covenant, promife, and agree, to and with the faid S. C. W. A. J. W. and R. M. trustees as afo efaid, their executors, administrators, and affigns, in manner following, that is to fay, that he the faid . B. hath not at any time heretofore released, difcharged, incumbered, affigned, transferred, made over, or difpofed of, all, or any of the outstanding debts due to his eftate, mentioned or contained in the fecond fchedule hereunder written, belonging to him, or herein before mentioned to be hereby affigned, or any part or parcel thereof, with an intent to conceal the fame from the faid S. C. W. A. J. W. and R. M. their executors or adminiftrators, or any of them, from receiving, poffeffing, or to prevent them ge ting in, or difpofing of the fame; but, on the contrary the:eof, fhall and will, from time to time, and at all times hereafter, as there fhall

be occafion; and upon request made to him to attend and affift the faid trustees, or any of them, and their and each of their executors and adminiftrators, use his best means in making out and explaining all and every the account or accounts, relating to or concerning the faid debts. hereby affigned, or intended to be affigned as aforefaid; and in adjusting any difference or difpute that fhall or may arife or happen touching or concerning the fame; AND ALSO that he the laid 7. B. his executors or adminiftrators, fhall and will, at the request of the faid trustees, from time to time, make, do, and execute, all fuch further and other act, matter, and thing, for the more perfect and abfoJute affigning of the faid outstanding debts to the faid trustees, and for enabling them to recover, receive, and get in the fame, as they the faid trustees, their executors or adminiftrators, or their council learned in the law fhall reasonably devife, advise, or require; AND the faid several and respective creditors of the fail 7. B. who are or fhall become parties to and execute these prefents, DO, and each of them DOTH hereby feverally covenant and agree, to and with the faid . B. his executors and adminiftrators, that upon his and their performing all and fingular the covenants and agreements herein before contained on his and their parts to be done and performed, they the faid creditors fhall and will accept and take the hereby affigned outstanding debts belonging to him the faid J. B. as a fatisfaction for their respective demands on him, fo far as the fame will extend or go in part-payment of twenty fhillings in the pound to each and every of them; and in the mean time, and until the fame can be collected and got in by the faid truftecs, fhall not, nor will arreft, moleft, or difturb the faid . B. or his goods, chattels, or other effects whatsoever; AND ALSO, that in cafe any one or more of the creditors of the faid J. B. fhall differt from, refuse, or neglect to execute and become parties to these prefents, within one month from the date hereof, then fuch creditor or creditors fo diffenting, refufing, or neglecting, fhall not be entitled to have or receive any dividend or dividends, payment or fatisfaction, benefit or advantage whatfoever, for his or their debt or debts, by virtue of, or under the trufts of thefe prefents, but fhall be abfolutely barred and excluded from the fame, as if thefe prefents had never been made, and his part or fhare fhall fall into the whole, and go to and among the other creditors; AND ALSO, that in three months from the date of these presents, the faid trustees fhall make a dividend to and among themselves, and the rest of the creditors of the faid J. B. who fhall have come in and figned thefe prefents, of fo much in the pound as the monies then collected and got in by them will amount unto, and fhall make a further diftribution of the remainder of the faid outstanding debts, in one calendar month after the fame is collected and got in; PROVIDED ALWAYS, and it is hereby further declared and agreed, by and between all the faid parties to thefe prefents, that the faid S. C. W. A. J. W. and R. M. their executors or adminiftrators, fhall not be answerable or liable to make good any lofs that fhall or may happen to any of the faid outstanding debts, without their refpective wilful neglect or default, neither fhall