Grant of,

secured on Freeholds.

No. LXXXV. heredts and preses so chagd with the paymt of the sd annty or into or upon any pt thof to enter and distrain for the same annty and all arrears thof and the distress and distresses then and there found to take drive carry away and impound and the same in pound to detain and keep until the sd annty or yrly &c. of £ and all arrears thof shall be fully pd and satisfied and all costs chas and exps whatsr sustained and occasioned by or attending the making taking and keeping any such distresses shall be fully pd and satisfied And in deft of paymt thof in due time after any such distress or distresses shall be made and taken to appraise sell or dispose of such distress or distresses or any pt thof or orwise to act therein according to the due course of law in like manner as in cases of distress taken for nonpaymt of rent reserved upon common leases To the intent that thby and therewith the sd (grantee) his exs ads and ass shall and may be lfully pd and satisfied the sd annty or

Clause of entry. yrly &c. and all arrears thof And further That in case the sd

Further testa. tum.

annty or any pt thof shall be behind or unpd for the space of 40 days next after any of the days or times hnbefe apptd for the payment thof [although (a) no formal or legal demand shall have been made thof] Then and so often it shall and may be Iful to and for the sd (grantee) his exs ads and ass into and upon the sd preses or into or upon any pt thof in the name of the whole to enter and the same to have hold and enjoy and the rents and profts thof and of evy pt thof to rece and take to and for his and their own use and bent until he or they shall be thby and therewith or orwise fully pd and satisfd the sd annty as shall accrue and grow due during such time as he the sd (grantee) his exs ads or ass shall continue in posson of the sd preses after such entry togr with all losses costs chas dams. and exps as shall be occasioned by nonpaymt thof as afd such posson to be witht impeachment of waste other than wilful and malicious waste (b) And this Indenture further witnesseth That in furr pursuance of the sd agrt and for the furr better and more effectually securing the paymt of the sd annty or clear

(a) See ante, Pref. sect. 8.

(b) If the grantor be tenant for life, add, "as far as the sd (grantor) can grant that privilege."

yrly sum of £

No. LXXXV Grant of, secured on

Freeholds.

years.

and also in conson of 10s. of lful money of Gt Britain to the sd (grantor) in hand pd by the sd (trustee) at or befe the sealing and delivering of these prests the rect whof is hby ackngd he the sd (grantor) at the request and by the diron and apptmt of the sd (grantee) [testified by his sealing and delivering of these prests] Hath granted bargained sold Demise of lands and demised and by these prests Doth grant bargain sell and to trustee for 99 demise unto the sd (trustee) his exs &c. All those the sevl messes or tents lds and heredts with the apts hinbefe mentioned and chagd with the paymt of the sd annty with all outhouses &c. and the revn &c. and the estate &c. (see RELEASE) To have and to hold the sd messes or tents Ids heredts and preses hby granted and demised or orwise assured with the apts unto the sd (T.) his exs ads and ass from the day next before the day of the date of these prests for and during the term of 99 years thence next ensuing and fully to be completed and ended without impeachment of waste (a) Upon the trusts nevss and to Upon trusts. and for the ends intents and purps hinaftr expssd and decld concerning the same that is to say Upon trust in the first place To permitto permit and suffer the sd (grantor) to rece and take the rents the rents and issues and profits of the sd hby demised preses with the apts profits. until deft shall happen to be made of or in paying the sd annty or some part thof on or at the days and times and in manner hinbefe appted for payment of the same And upon this further To raise arrears trust That in case the sd annty or yrly sum of £ or any pt by mortgage or thof shall happen to be behind or unpd by the space of 40 days next after any of the sd days or times of paymt then and so often as the same shall happen the sd (T.) his exs &c. do and shall by and out of the issues and prfts of the sd messes preses or any pt thof or by demising leasing mtgaging or selling the same preses or any pt thof for all or any pt of the sd term of 99 years or by such or. ways or means as to the sd (T.) his &c. shall seem meet raise and levy such sum or sums of money as shall be sufficient to pay and satify the said annty or yrly &c.

grantor to take

sale.

(a) If it be needful, add, "Together with all deeds muniments writings and evidences whatsr which in anywise relate to the same and which are or at any time shall or may be in the posson custody or lful power of him the sd (grantor) his hrs exs or ads witht any action or suit at law or in equity."

No. LXXXV. or so much thof as from time to time shall happen to be in Grant of,

secured on Freeholds.

Contracts &c. of trustee good without consent

of grantor.

Indemnity to

trustees.

Receipts of trustees to be good discharges.

arrears and unpd togr with all such losses costs chas dams and exps as the sd (grantee) his exs &c. shall sustain or incur in consequence of the nonpaymt of the same annty as afd or the sd (T.) shall incur in the exon of the trusts reposed in him And shall apply the mos arising thby in or towds the paymt or satisfaction thof accly (a) And shall permit and suffer the sd (grantor) his hrs and ass to rece the surplus [if any] of the rents issues and profits of the sd messes heredts and preses as afd to and for his and their own use and benefit And for the purpose of facilitating any such sale or mtge it is hby decld and agrd by the pties to these prests that all contracts sales mtges assignmts and things which shall be entered into made and exted by the sd (7.) his exs &c. of or concerning the sd messes or tents and preses or any pt thof shall to all intents and purps whtsr be as valid and effectual in the law as the same would have been if the sd (grantor) his exs &c. had actually joined in and exted the same Provided always and it is hby furr decld and agrd by and betn the pties hto That the sd (T.) his exs ads or ass or any of them shall not be answe for any loss which may happen to the sd preses in the exon of the trusts hinbefe expssd unless the same shall happen through his or their own wilful deft And that the rect or rects of him the sd (7.) his exs &c. for any mos paye to him or them by virtue of these prests shall be a sufficient discharge (b) or discharges unto the psn or psns paying the same and that the psn or psns making such paymts shall not be bd or liable to see to the applicon of such

(a) If it be so agreed, say, " And from and after and subject to the paymts afd Upon trust to lay out and invest the residue and surplus of the mos which shall arise and be produced by such sale or sales in the name or names of him the sd (T.) his &c. in the purchase of a competent share or competent shares of the parliamentary stocks or funds of Gt Britn or at int upon govt secties to be from time to time altered varied and transposed in for and upon such funds or secties of the same or like nature as often as the sd (T.) his hrs &c. shall think fit and to stand possessed of and interested in such stocks &c. upon the trusts following, that is to say That the sd (T.) his &c. shall during the life of the sd (grantor) pay and satisfy unto the sd (grantee) his exs &c. the sd annty or yrly &c. of &c. expssed to be hby granted at the days and times and in manner hinbefe appted for paymt thof."

(b) As to the effect of this clause, see Pref. sect. 11.

No. LXXXV. Grunt of, secured on

Freeholds.

mos or be answe or accountable for the loss misapplication or non-application thof nor be obliged to inquire or ascertain whether such sales or mtges shall be necessary for all or any of the purps hnbefe mentd Provided always and it is hby furr Cesser of term. decld and agd That after the dece of the sd (grantor) when the trusts hinbefe decld concerning the sd term of 99 yrs shall in all things be fully satisfied and performed or shall have become unnecessary or incapable of being performed Then and thenceforth the sd term or so much thof as shall not be disposed of under the trusts afd shall cease determine and be absolutely void And the sd (grantor) for himself his hrs exs ads and ass Covenants. doth hby covt promise and agree with and to the sd (grantee)

his exs &c. in manner following that is to say That he the sd

(gantor) now at the time of the sealing and delvy of these prests

hath in himself full power and absolute authority to charge all Grantor has and singular the sd messes or tents lds and heredts hby chagd power to charge and made chagbe with the paymt of the sd aunty or yrly sum and also to demise the same with the apts unto the sd (T.) upon the trusts and to and for the intents and purps afd

of £

tresses.

And also that the sd preses now are and shall remain and be Premises sufsufficient to such distress and entry as afd And shall be holden ficient for disand enjoyed as a secty for the sd annty without any hinderance interruption claim and demand whatsr from or by him the sd (grantor) his exs ads or ass according to the true intent and meaning of these prests And that free and clear and freely Free from inand clearly acquitted exonerated and discharged by him the cumbrances. sd (grantor) his exs and ads of and from and against all and all manner of former estes rights chas and incumbs whatsr And furr that he the sd (grantor) his hrs exs and ads and evy or. psn having or Ifully or equitably claiming or who shall or may have or claim any este right title trust and int whatsr either at law or in equity in to or out of the sd heredts and preses hby granted and demised and any pt thof shall and will from time to time and at all times hrafter during the continuance of this secty upon evy reasone request of the sd (grantee) his exs &c. but until such sale or mtge shall be made at the costs and chas of the sd (grantor) his hrs exs or ads and after such sale or mtge then at the costs and chas of the psn or psns to whom the sd preses shall be conveyed make do and exte all such furr and or. Iful

secured on Freeholds.

No. LXXXV. and reasone acts deeds matters and things whatsr for the more Grant of, effectually granting demising and assuring the same preses unto the sd (7) his exs &c. for and during the then remainder of the And for further sd term of 99 yerrs Upon the trusts hinbefe decld as by the sd (grantee) his exs &c. or his counsel in the law shall be lfully and reasny advised or devised and required And moreover that the

assurance.

That grantor

will appear at

And not leave without giving

the kingdom

notice.

insurance office. sd (grantor) shall and will from time to time during the continuance of the sd annty at the request of the sd (grantee) his exs &c. appear in person at office or any other office for life insurances within the cities of London and Westminster or send such notice in writing of his place of abode togr with a certificate or certificates of the state of his health for the purpe of enabling the sd (grantee) his exs &c. to insure or keep insured at the cost and chas of the sd (grantor) his exs ads or ass any sum or sums of money not exceeding £ upon the life of him the sd (grantor) And furr that he the sd (grantor) shall not nor will at any time hraftr during his life depart from or leave the kingdom or go or travel upon the seas or reside in foreign parts witht giving evy time sufficient notice in writg to the sd (grantee) his exs &c. of his intention so to do in order to enable him the sd (grantee) his exs &c. to make known the same if necessary at the sd office so that the additional premium or premiums if any to be hby incurred for the purpe of keeping on foot the sd policy of insurance on the life of the sd (grantor) may be pd And also that he the sd (grantor) shall not nor will do any act or thing whatsr whereby or by means whereof any policy or policies for effecting such insurance as afd shall become void or voidable or orwise prejudiced or impeached Provided always and it is hby declared and agrd by and betn the pties hereto lateral security. That the sd warrant of attorney and the judgmt to be entered up by virtue thof are intended only as a collateral secty for the paymt of the sd annty or yrly &c. on or at the sevl days and in the manner hinbefe apptd for paymt thof as afd And that no exon or exons shall be issued or taken out upon the sd judgmt unless and until some payment of the sd annty shall be in arrear for the space of 21 days next after some or one of the sd days hinbefe appted for paymt thof as afd Provided nevertheless that when and so often as the sd annty shall be so in arrears then and in such case it shall be lful for the sd (grantee)

Warrant of at

torney intended only as col