Deed of

his exs ads or ass on acct thof as effectually as if the sd (D.) No. CCCXLII. had a general rele under the hands and seals of such crs resply

for that purpe

In witness &c. see ante, No. XLVI.

No. CCCXLIII.

Another (short form.)

To all &c. We whose names and seals are hereunto subscribed

and set crs of (debtors) of &c. send greeting Whas the sd (D.)
are and do stand jtly indebted unto us the sd crs in divers sums
of money which they are willing to pay and satisfy as far as they
are able Now know ye That we the sd crs who have hereto sub-
scribed our names and affixed our seals finding that the sd (D.)
are by losses and orwise disabled to pay our full debts do seve-
rally and respively agree and bind ourselves our hrs exs and ads
unto the sd (D.) by these prests to accept and take of them the
sd (D.) their exs and ads after the rate of shillings in the
pound in full satisfaction of all debts and sums of money which
they jtly owe to us and evy of us resply the same to be paid in
four equal paymts on the days following that is to say on the
the day of
so as the sd (D.) for the more sure and better paymt
of the sd sevl sums of money in satisfaction of our debts as afd
their exs or ads do before the
day of become jtly and
severally bound with sufficient sureties unto us and evy of us
resply by writing or obligation in due form of law to be made
sealed and delivered to us each and evy of us and to each and
evy of our use Provided always that neither these prests nor
any thing hncontd shall bind us or any or either of us who have
hereunto subscribed our names and put our seals unless all and
ey of the crs afd shall have sealed and exted the same on or
before the day of
next ensuing

day of

day of

In witness &c.

the day of

and the

CCCXLIII.
Deed of,
(Short.)

No.
CCCXLIV.
Deed of
(Bankruptcy.)

due to creditors.

No. CCCXLIV.

Deed of Composition between a Debtor and his Creditors, where a Fiat of Bankruptcy has been issued against the Debtor. Obs. As to the provision in the 6 G. 4 for this case, see Pref. sect. 6.

This Indre made &c. (see No. LXXXV) Betn (assignees) of &c. assignees duly chosen under a fiat of bankruptcy issued agst (debtor) of &c. of the first pt the sd (debtor) and (surety) of &c. of the second pt (creditors) the sevl or. psns whose names and seals are hereunto subscribed and affixed as creditors or agents or atties of crs of the sd (D.) of the third pt and (trustee) of &c. a trustee named by and on behalf of the sd sevl psns pties hereto of the first and third pts for the purps hnaftr mentd Recitals of debts of the fourth pt Whas (recite fiat of bankruptcy and appointment of assignees, see ante, No. CCXXVII.) And whas the sd (D.) at the time of his becoming bankrupt as afd was and stood justly and truly indebted to the sd (A.) and the sevl or. psns pties hereto of the third pt in the sevl sums of money set opposite to their respive names and some of the sd debts and sums of money are due and secured by certain bills of exchange and promissory notes as in the sevl schedules hereunder-written or hereunto annexed are more parlarly mentd and described And whas the sd (4.) and (C.) having taken into conson the insolvent state of the sd (D.'s) affairs have agd to accept and rece the divd of s. in the pound on condition that the paymt thereof shall be secured by bills to be drawn by the sd (D.) upon and accepted by the sd (S.) which sd bills are more parlarly described in the schedule hereunder-written or hereunto annexed marked with the letter C And they the sd (creditors) have also agrd with the sd (D.) that upon delivery of the sd bills they the sd (C.) will deposit with the sd (T.) all promissory notes of the sd (D.) and all bills drawn by the sd (C.) upon and accepted by the sd (D.) and given to them to secure their sevl and respive debts which they have indorsed and negotiated save and except such bills as they hold of indorsees agst which they have agrd to indemnify the sd (D.) his exs and ads all which sevl bills are more parlarly described in the schedule hereunder-written marked

No. CCCXLIV. Deed of,

debtor to pay

creditors.

with the letters A and B And whas the sd (D.) hath on the day of these prests delivered the sd bills drawn by him the sd (D.) upon and accepted by the sd (S.) as afd and the sd (C.) (Bankruptcy). have deposited the hnbefe mentd bills with the sd (T.) for the purps and in manner hnaftr mentd Now this Indre witnesseth Covenant from That in pursuance of the sd agrt and in conson of the preses bills. He the sd (D.) for himself his hrs &c. doth hby covt &c. with and to the sd crs pties hereto of the first and third pts that he the sd (D.) or the sd (S.) or one of them shall and will well and truly pay the sevl bills of exchange at or on the sevl days or times in the sd schedule marked C mentd for payment thof and according to the purport tenor and effect of the sd sevl bills And the sd (A.) and the sevl or. crs pties hereto and exting Covenants from these prests for themselves sevlly and for their sevl and respive hrs exs and ads and not the one for the or. or ors of them or the acts deeds or defts of the or. or ors of them but evy of them for himself or herself his or her own hrs exs and ads acts deeds and defts do and each of them doth hby covt &c. with the sd (D.) his exs and ads that they the sd (A.) and (C.) shall and will accept and take the afd bills of exchange by way of composition and paymt of s. in the pound upon the amount of their sevl and respive debts and in full discharge of the sd (D.) And shall and will immly join in any petition or or. application to the Court of Chancery for rescinding the fiat of bankruptcy issued agst the sd (D.) as afd And this Indre furr witnesseth That in Assignment of furr pursuance of the sd agrt and in conson of ten shillings to the sd (A.) in &c. pd by the sd (D.) the rect &c. They the sd (4.) as such assignees as afd at the request and by and with the consent and direction of the sd sevl or. crs pties hereto of the third pt testified by their sevlly and resply signing sealing and delivering these prests And also they the sd sevl or. crs pties hereto of the third pt Have and each of them Hath bargained sold assigned transferred and set over and by these prests Do and each of them Doth &c. bargain &c. unto the sd (D.) All and singr the stock in trade household goods plate china linen and furniture book-debts and or. debts and sums of money due owing or belonging to him the sd (D.) from any psn or psns whomsr and all or. the este and effects of the sd (D.) vested in the sd (A.) as assignees of the sd (D.) as afd and all powers

VOL. I.

X X

the assignees to the debtor.

goods &c. by

No. CCCXLIV.

Release to debtor.

and remedies and means of suing for receiving and recovering Deed of the sd hby assd debts and preses and all or. powers incident (Bankruptcy). thereto and all the este right title int trust property bent claim and demand whatsr both at law and in equity of them the sd (A.) as such assignees of the sd (D.) as afd and of all or. the crs pties hereto of into and out of the preses or any pt thof To Have Hold rece take and enjoy the sd stock in trade household goods plate china linen and furniture debts sum and sums of money and all and singr or. the preses hby assd or intended so to be with the apts unto the sd (D.) his exs ads and ass as his and their own proper goods chattels and effects for ever And this Indre furr witnesseth That in furr pursuance of the sd in pt recited agrt and in conson of the preses they the sd (A.) and the sevl or. crs pties hereto Have and each of them Hath remised released and for ever quitted claim and by these prests Do and each of them Doth remise &c. unto the sd (D.) his hrs exs and ads all and all manner of action or actions suit or suits sum and sums of money judgments exons trespasses claims and demands both at law and in equity which they the sd sevl psns pties hereto of the first and third pts or any of them their hrs exs ads ptners or ass shall or may have or orwise might hraftr have claim challenge or demand agst the sd (D.) his exs or ads or their or any of their este or effects for or by reason or means of any matter cause or thing whatsr in respect or on acct of the debt or debts to them or any of them resply due and owing from the sd (D.) as afd from the beginning of the world to the date of these presents And they the sd sevl crs pties hereto do hby furr covt &c. with and to the sd (D.) his exs and ads to indemnify defend and keep harmless him the sd (D.) his exs and ads and his and their este and effects of and from all actions suits troubles attachments costs chas dams exps claims and demands whatsr which he or they shall or may at any time or times hraftr sustain or be liable or put unto for or by reason or on acct of the nonpaymt of all or any of the sd bills of exchange which in the schedule hereunder written or hereunto annexed marked letter B are more parlarly described And furr That it shall and may be lful to and for the sd (D.) his exs and ads at any time or times hraftr in case the covts and agrts herein contd on his pt and behalf shall be duly performed but not orwise to plead these prests in

Indemnity to debtor against

bills.

No. CCCXLIV. Deed of,

(Bankruptcy).

surety.

bills in the

bar &c. (see Deed of Inspection) Provided always and it is hby decld and agrd that these prests shall not extend nor be deemed or construed to extend to rele and discharge him the sd (D.) his exs or ads from any bill or bills notes acceptances or Proviso as to bills given by indorsements of the sd (D.) held by any or either of the sd sevl debtor and psns pties hereto of the first and third pts or. than those mentd and described in the sd sevl schedules marked A and B but that in case the same shall not be duly pd by the psn or psns accepting the same the sd (D.) shall still remain liable for and subject to the paymt thof And it is hby furr decld and agrd Proviso as to by and betn the pties to these prests and parlarly the sd (T.) hands of trusdoth hby covt &c. with the sd sevl pties to these prests that he tees. the sd (T.) shall and will stand possessed of the sd bills of exchange and promissory notes mentd in the schedule marked A and which have been so on the day of the date of these prests delivered to and deposited with the sd (T.) as afd upon the trusts and to and for the intents and purps hnaftr expssd and decld of and concerning the same that is to say Upon Trust that if all the acceptances of the sd surety so given as afd are duly pd when and as they shall resply become due and paye the same having been lfully demanded Then and in evy such case that he the sd (T.) his exs ads or ass shall and will forthwith deliver the sd bills and notes so deposited as afd to the sd (D) his exs or ads And upon this furr trust that if any or either of the sd acceptances of the sd (S.) so given as afd shall not be pd when and as they shall resply become due and paye the same having been lfully demanded Then and in evy such case that he the sd (T.) his exs ads or ass shall forthwith deliver the sd notes and bills so deposited as afd to the pty or pties who shall have deposited the same with him and being the holder of the acceptance of the sd (S.) so dishonoured as afd Provided always nevss that if all or any of the sd bills or acceptances of the sd (D.) and (S.) so given as afd and mentioned and described in the sd schedule marked letter C shall not be pd when and as they become due and paye the same having been lfully demanded Then and in such case the sd rele and evy clause therein contd as to or agst the psn or psns to whom such deft shall be made shall be utterly void and of no effect but otherwise shall remain and continue in full force In witness &c. see ante, No. XLVI.