No. CXII.-2. Modes of ap pointing a receiver. Stamp. Recital of mortgage in fee. Agreement to appoint receiver. Power of attorney. No. CXII.-2. Appointment of Receiver to secure Rents to Mortgagee. Obs. 1. The appointment of a receiver, if made by deed, may either be by way of power of attorney or by way of demise to the receiver. The first, which is the more usual form, is frequently made in the mortgage deed under which the receiver is to act; but the more convenient mode is by a separate deed. Appointments by way of demise have this convenience, that they enable the receiver to distrain either before or after the decease of the party appointing. 2. A stamp of 17. 15s., and a further progressive duty of 11. 5s. for every entire quantity of 1080 words over and above the first 1080. This Indre made &c. see ante, No. LXXXV. Betn (mortgagor) of &c. of the first pt (mortgagee) of &c. of the second pt and (receiver) of &c. of the third part Whas by indres of lease and release the lease bearing date the day next before the day of the date of the rele and the rele bearing even date with these prests and made betn the sd (mortgagor) of the one pt and the sd (mortgagee) of the or. pt in conson of the sum of £ pd to the sd (mortgagor) by the sd (mortgagee) he the sd (mortgagor) did grant bargain sell release and confirm unto the sd (mortgagee) and his hrs All those &c. (parcels) To Hold the same unto and to the use of the sd (mortgagee) his hrs and ass for ever subject nevss to a provo thin contd for the redemption of the sd heredts and preses on paymt by the sd (mortgagor) his hrs exs ads or ass unto the sd (mortgagee) his exs ads and ass of the sum of £ and int for the same after the rate of £ per cent. on or at the days or times and in manner thin expssd and decld And Whas upon the treaty for the sd loan it was agd that so long as the sd principal sum or any pt thof shd remain upon the secty of the sd messes farms lds and heredts comprised in the sd in pt recited indre of rele a receiver shd be apptd upon the trusts and for the ends intents and purps hnafter expssd and that the sd (R.) should be the receiver immly apptd for that purpe Now &c. in pursuance &c. and in conson of the preses he the sd (mortgagor) with the consent and approbation of the sd (mortgagee) testified by his being a pty to and exting these prests Hath made constituted and apptd and in his place put and deputed and by these prests Doth &c. the sd (R.) his the No. CXII.—2. Of a Receiver. receiver agent and true and lful atty in the name or names of the sd (mortgagor) and (mortgagee) for them and for the uses hnaftr mentioned to ask demand collect and rece all and evy the rents issues and profts of all and singr the sd messes farms lds tents and hereds comprised in the sd in pt recited indre of and from all and evy psn and psns liable to pay the same as and when the same shall from time to time become due and paye And in deft of paymt thof or of any pt thof to take and use all such lful means for recovering the sd rents issues and profits or any of them or any pt thof by action suit distress entry or orwise as shall be thought necessary And generally to do perform and exte all other acts matters or things needful and requisite for collecting and receiving the sd rents and prfts as fully and effectually to all intents and purps as the sd (mortgagor) could or might himself do if he were present (a) And the Power to appoint other atsd (mortgagor) doth hby give and grant unto the sd (R.) good tornies. right and full power one or more atty or atties for all or any of purps afd to appt and nominate and the same at pleasure to remove and or. or ors. to substitute in his or their place or places he the sd (mortgagor) allowing ratifying and confirming and agreeing to allow ratify and confirm all and whatsr the sd (R.) or his atty or atties shall lfully do or cause to be done in or concerning the preses under or by virtue of these prests And Direction to the sd (mortgagor) doth hby order and direct all and evy the tenant and tenants and occupiers of the sd messes and tents farms lds and heredts and preses to pay unto the sd (R.) or to his substitute or substitutes all and singr the rents and prfts and doth hby declare that the rect or rects of him or them shall be good and sufficient dischas to such tenants and occupiers for such sums as shall be therein resply ackngd to have been recd And it is hby decld and agrd by and betn the pties to these prests that the sd (R.) shall stand and be possessed of the sd rents issues and prfts so reserved upon the trusts and to and for the ends and purps hnaftr mentd that is to say Upon Trust Declaration of that he the sd (R.) shall from time to time out of the sd rents and prfts in the first place pay all taxes rates assessments and (a) As to agent acting in his own name, see APPOINTMENTS, Pref. sect. 12. As to the necessity of this clause, Pref. sect. 13. VOL. I. T tenants to pay receiver. trusts. To pay taxes. To reimburse himself. To pay surplus to mortgagor. No. CXII-2. impositions whatsr taxed chagd assessd or imposed or to be Of a Receiver. taxed &c. on the sd heredts or any of them or on the owners or To pay interest. occupiers thof for or in respect thof or any pt thof And in the next place to pay the sd (mortgagee) his exs ads or ass all the int which shall from time to time become due or paye for or in respect of the sum of £ or any pt thof on or at the days or times and in the manner in the sd in pt recited indre of rele mentd and appointed for paymt of the same And upon furr trust by and out of the sd rents issues and prfts to retain and reimburse himself all costs chas and exps which he shall have pd sustained or incurred in or about the exon of all or any of the trusts or powers hby in him reposed togr with the sum of £ per centum upon the gross rents which he the sd (R.) shall have actually received as a compensation for his trouble in the exon of the same trusts And from and after the several paymts the sd (R.) do and shall from time to time pay the clear residue and surplus of the money which shall have come to his hands for or in respect of the sd rents issues and prfts unto the sd (mortgagor) his hrs exs and ads or such psn or psns as he or they shall direct or appt And the sd (mortgagor) doth hby for himself his hrs exs ads and ass covt promise and agree with and to the sd (mortgagee) his exs ads and ass by these prests in manner followg that is to say That he the sd (mortgagor) shall not nor will witht the consent in writing of the sd (mortgagee) his exs ads or ass first had and obtained revoke the powers and authorities hby given to the sd (R.) or any future receiver or do or knowingly suffer to be done any act deed matter or thing whby the sd powers or authties shall or may become void or of no effect or whby the sd (R.) shall or may be hindered or obstructed in collecting receiving or recovering all or any of the sd rents issues or prfts of the sd heredts and preses and applying the same upon and for the trusts and purps afd during such time as the sum of £ or any pt thof shall remain and continue on the security hnbefe mentd And furr That in case the sd (R.) another receiver. shall by death or or. disability be disqualified or rendered incapable to collect and rece the sd rents and prfts or shall refuse or neglect to proceed therein in manner afd or shall orwise misbehave himself in the trusts hby in him reposed whilst the sd sum of £ or any pt thof shall remain and continue on the Covenant by mortgagor not to revoke power; and to join in appointing afd secty then and in any of the cases afd he the sd (mortgagor) No. CXII-2. his hrs exs and ads shall and will join with the sd (mortgagee) Of a Receiver. his exs ads and ass in removing the sd (R.) if then living from his employment and shall and will duly constitute and appt such or. fit psn or psns in the place of the sd (R.) as the sd (mortgagee) his exs ads or ass shall nominate or approve to collect rece and pay the sd rents and prfts upon and for the trusts and purps hnbefe mentd And so from time to time when and so often as the like case shall happen until the sd sum of £ and all the int for or in respect thof shall be fully pd to the sd (mortgagee) And in case the sd (mortgagor) his hrs exs In case of neglect mortgagee ads or ass or any of them shall refuse or neglect so to do for the to appoint. space of three calendar mths next after request shall have been made unto him or them in writing by the sd (mortgagee) his exs ads or ass for that purps then and in such case and as often as the same shall happen it shall be lful for him the sd (mortgagee) his exs ads or ass witht the consent or concurrence of the sd (mortgagor) his hrs exs ads or ass to constitute and appoint some fit psn to collect rece and pay the sd rents and prfts upon the trusts and for the purps afd with such salary or emolument for his care and trouble as he the sd (mortgagee) his exs ads or ass shall think fit not exceeding one shilling in the pound on the gross rental for the time being Provided always and it is Clause of indemnity. hby decld and agd that the sd (mortgagee) his exs ads or ass shall not in any case be chagd or chagbe with or answerable for any loss misapplication or nonapplication of the rents issues Mortgagee not and prfts of the sd messes tents farms Ids and heredts or any pt able for losses thof by reason of any deft neglect or breach of trust of the sd occasioned by (R.) or any future receiver so to be apptd as afd but that such loss misapplication or nonapplication as also the salary of the sd (R.) shall be wholly borne by the sd (mortgagor) his hrs exs ads and ass Provided also and it is hby furr decld and agrd by the pties to these presents that until the int on the sd sum of £ shall be in arrear and unpd by the space of calr mths next after the same shall have become due all and singr the rents issues and prfts of the sd messes and tents farms lds heredts and preses shall and may be pd and retained by the sd (mortgagor) his hrs and ass to and for his and their own proper use and bent and that until that time the sd (R.) and any future receiver to be answer receiver. Covenant from Covenant from receiver that he will faithfully collect and pay rents &c. No CXII. 2. shall not act under or exercise any of the powers and authties Of a Receiver. given unto him as afd any thing hin contd to the contrary notwithstg And the sd (R.) doth hby for himself his hrs exs and ads covt promise and agree with and to the sd (mortgagee) and also with and to the sd (mortgagor) that he the sd (R.) shall and will from time to time so long as he shall be and continue the collector and receiver of the sd rents issues and prfts use his utmost endeavours faithfully to collect and rece the same and shall and will truly and punctually pay and apply all such sums of money as shall from time to time be collected and recd by him the sd (R.) by virtue of and under the afd power and authority according to the trusts hby in him reposed In witnesss &c. see No. XLVI. No. CXVIII. Of a Steward of a Manor. May be by parol. No. CXVIII. Appointment of a Steward of a Manor. Obs. The appointment of a steward by the lord or lady of a manor solely seised of the manor, if notified by parol, is as effectual in all points as if made by deed; but a patent is necessary for making stewards to the King's or Queen's manors; and a patent or deed in the case of a corporation aggregate, Co. Cop. s. 45; 4 Co. 26; Co. Litt. 61, b; Gilb. Ten. 221. Know all Men by these Prests That I (lord or lady) have given and granted and by these prests do give and grant unto (steward) of &c. gent. the office of steward of my manor of in the CO of And I have constituted and apptd and do constitute &c. him the sd (S.) steward of the sd manor to keep and hold all courts belonging to the sd manor at the usual times the same have been accustomably holden and at such other times as he the sd (S.) shall think fit and expedient To Have hold and enjoy the sd office of steward and to take and rece all and singr the fees and prfts thereto belonging by him the sd (S.) or his sufficient deputy during my will and pleasure (or "during the will and pleasure of me my hrs and ass" or "during the life of the sd steward," as the case may be.) In witness &c. |