No. CCCLII. own separate account to the sevl psns pties to these presents of
Assignment by
Copartners in the third pt in the sevl sums set opposite to their respive names

Trust for
Creditors.

in the second schedule hereunder written And whas the sd B. is indebted to the sevl psns pties hereto of the third pt in the sevl sums set opposite to their respive names in the third schedule hereunder written And whas the capital stock or property of the sd A. and B. belonging to them on their jt acct consists of a certain messe warehouses and preses situate at and demised to them the sd A. and B. by a certain indre of lease bearing date the &c. for a term of yrs And also of divers goods merchandise vessels bonds bills and or. secties debts and effects And whas the separate property of the sd A. consists of sundry household goods furniture china plate linen and also sevl policies of insurance And whas the separate property of the sd B. consists of &c. (here state it) And whas the sd A. and B. are unable to pay and satisfy to evy their jt and separate crs the whole of their respive demands but in order to render them the utmost satisfaction in their power have agrd and proposed to convey and assign all and singr the este property debts and effects belonging to them as well on their jt as on their separate acct in trust for themselves and the rest of their crs rateably in such manner as the same jt and separate este would be distributable under a fiat of bankruptcy And whas the sd (creditors) considering the present situation of the affairs of the sd A. and B. have consented to accept the offer of the sd A. and B. subject to the provos and agrts hnaftr mentd and decld Now this Indre witnesseth That in pursuance of the sd agrt and in conson of 5s. to the sd A. and B. in hand pd by the sd (T.) the rect of which is hby acknged They the sd A. and B. by and with the consent (a) of the sd (C.) pties hereto testified by their signing and sealing these prests Have and each of them Hath granted bargained sold and assd and by these prests do and each of them doth grant &c. unto the sd (T.) All that messe or tent warehouses and preses comprised in the sd in pt recited indre of &c. togr with the sd indre of lease and all the rents issues profits bent and advantage to arise therefrom And all and singr the vessels merchandize stock in trade chattels debts and effects

(a) As to the necessity of this consent, see Pref. s. 9.

and

of them the sd A. and B. whatsr and wheresoever And also all
evy the bills notes bonds policies of insurance and or. secties
And all or. the property and effects of them the sd A. and B. or
either of them of what nature or kind soever and wheresoever
situate and being and in whosesoever hands custody or power
the same or any of them or any pt or pts theof now are or at
any time hraftr may be with their and evy of their apts And all
the este title int claim and demand whatsr of them the sd A.
and B. or either of them as well jtly as separately of to in or
out of the same preses and any of them resply the wearing ap-
parel of themselves and families excepted To Have hold rece
and take the sd messe or tent warehouses vessels merchandize
stock in trade chattels debts &c. and all and singr or. the pre-
mises hby assd or intended so to be upon the trusts and to and
for the ends intents and purps hnaftr mentd that is to
say That
they the sd (T.) and the survors or survor of them or the exs
ads or ass of such survor shall and do with all convenient speed
sell and dispose of the sd messe warehouses and preses vessels
merchandize stock in trade chattels and all and singr such pts
of the jt and separate este property and effects of the sd A. and
B. as are saleable for such price or prices as can be reasony
gotten for the same And shall and do by all such lful ways and
means as in their discretion they shall think proper get in and
rece the sevl debts or sums of money and all or. the preses hby
assd or intended so to be And upon this furr trust that they
shall stand possessed of or interested in all the mos to arise
from or by the sale of the sd messe warehouses and all or. the
preses hby assd and hnbefe directed to be sold and also of and
in all and singr the mos which shall be recd for or in respect of
the prfts thof until the sale thof and which shall be collected
got in and arise from the sd jt and separate este of the sd A.
and B. upon the trusts and to and for the intents and purps
hnafter expssd of and concerning the same that is to say Upon
Trust in the first place to retain and reimburse themselves all
costs chas and exps of preparing and making such sales resply
and attending the recovery and getting in the sd rents debts and
or. trust mos togr with commission and allowances usual among
merchants (or among merchants trading to and from &c. as

Trust for Creditors.

No. CCCLII. the case may be) And also to pay all salaries and allowances to Assignment by Copartners in be made to clerks agents and subordinates And in the next place that they do and shall by and out of the sd trust mos pay and allow to the sd A. for the term of two yrs to be computed from the next ensuing if he shd so long live for the support of himself and his family a yrly sum not exceeding And in like manner do and shall allow to the sd B. a yrly sum not exceeding £ And in the last place do and

To allow each of the debtors

an annual sum. for years.

£

To discharge

day of

rate debts. shall pay and apply the sd trust mos in and towards satisfaction and discharge of the sevl debts due and owing to the sevl jt and separate crs of the sd A. and B. or either of them pties hereto of the second and third pts their respive exs &c. or so much of the same debts or sums of money as the sd trust mos shall extend to pay (nevss the same to be in full satisfaction of their sevl debts or sums of money) And in case there shall remain or be any surplus of the jt and separate este of the sd A. and B. after all such paymts and distributions as afd Then upon Trust to pay and divide the same to and betn the sd A. and B. their exs ads and ass resply in proportion and according to their respive rights and ints therein and thereto Provided always

Surplus to debtors.

Distinct accounts to be

and separate

estate.

kept of the joint and these prests are upon this express condition that distinct and separate accts shall be kept of the jt and separate estes and effects of the sd A. and B. as well real as psnl and that what shall be found to belong to their sd separate este or estes shall be applied in the first place in and and towards satisfaction of the debts of their respive separate crs rateably and in proportion to the sums set to their respive names in the schedule hereunder witten or hereunto annexed And in case there shall be any surplus of their jt este after all their sd jt crs shall be pd and satisfied the amount of their whole demands then that the share and shares int and ints in such overplus of them the sd A. and B. whose estes shall have been is or are to be applied as afd shall be carried to the acct of his or their separate este or estes and be applied in or towards satisfaction of his or their separate debts And if there shall be any surplus of the separate este or estes after all their separate crs shall have been pd and satisfied their whole demands then that the overplus of such separate este or estes shall be carried to the acct of their jt este

and be applied in or towards satisfaction of the sd jt debts (a) And it is hby decld and agrd by and betn the pties hereto that the rects of the sd (T.) and the survors &c. shall be valid discharges to the psn to whom the same shall be given And that it shall and may be lful to and for the sd (T.) to sell and dispose of the sd jt and separate este and effects of the sd A. and

No. CCCLII. Assignment by Copartners in Trust for Creditors.

(a) Instead of assigning the joint and separate estates under one witnessing part, it may, sometimes, be most convenient to assign, first, the joint estate, and afterwards the separate estate of each debtor, by distinct witnessing parts: in that case say, "Now this Indre witnesseth That &c. in pursuance &c. and in conson &c. They the sd A. and B. have &c. bargained &c. unto the sd (T.) &c. All that &c. And all and singr the vessels &c. And all or. the jt property este and effects of them the sd A. and B. To have &c. unto the sd (T.) and their &c. the sd messe &c. Upon the trusts &c. That they the sd (T.) &c. shall and do sell &c. the sd messe &c. and all such or. pts of the jt este &c. as are saleable &c. And shall and do by such lawful means &c. get in &c. And upon this furr trust that they shall stand possessed of &c. Upon the trusts &c. In the first place to retain &c. costs &c. And in the next place to pay salaries &c. And in the next place to allow annuities to A. and B. And lastly do and shall pay and apply the sd trust mos in and towards satisfaction &c. of the sevl debts due to the jt crs of the sd A. and B. pties hereto of the second and third pts And in case there shall remain and be any surplus of the jt este of the sd A. and B. Then in trust to stand possessed of &c. one moiety of such surplus in aid and augmentation of the separate este of the sd A. And in the or. moiety of the same surplus in aid of the separate este of the sd B. And this Indre furr witnesseth (assignment of A.'s Assignment of separate property) And it is hby decld and agrd that the sd (T.) and the survors A.'s private &c. shall stand possessed of and interested in the mos to arise by the sale of the estate. sd separate este and effects of the sd A. hby assd or intended so to be and of the mos to be recd for or on acct of the rents and profits thof in the mean time until such sale or sales and also of all mos to be recd and produced by and from all the preses lastly hby assd or mentd or intended so to be after paying all costs chas &c. upon the trusts following that is to say In Trust by and out of such mos from time to time to pay and satisfy the sevl sums of money requisite for continuing or keeping on foot the sevl policies of insurance hnbefe expssd to be hby assd And in the next place to pay and statisfy the separate debts of the sd A. due and owing to the sevl separate crs of the sd A. of the third pt or so much of the same &c. And in case there shall be any surplus of the sd trust mos produced by or arising from the separate este of the sd A. after such payments and distribution as afd Then in trust to stand possessed of and interested in such surplus mos upon such trusts as are hnbefe decld for the bent of the jt crs of the sd A. and B. of and concerning their jt stock capital and property And lastly in trust to pay the ultimate surplus if (any) arising or to be produced by or from the separate este of the sd A. after full paymt and satisfaction of the sevl debts due and owing to the separate and jt crs pties hereto of the second and third pts unto the sd A. his exs and ads And this Indre furr witnesseth (assignment of Assignment of B.'s separate property) And it is hby decld &c. (the same trusts as before) And B.'s private it is hby furr decld and agrd" &c. see above.

property.

Indemnity to

trustees.

Power of attorney.

No. CCCLII. B. hby assd or intended so to be at such times and in such Assignment by Copartners in manner as they shall think fit and from time to time to make Trust for Creditors. or cause to be made insurances of the sd trust este hby assd as he or they shall think proper and expedient and to deduct the premium or premiums of such insurance and insurances And furr that they the sd (T.) and the survors &c. shall not be chargbe or accble for any more mos goods wares or effects than what he or they shall actually rece by virtue of these prests nor liable to make good losses that shall happen in the management sale or disposal of the sd trust este and preses hby assd witht the wilful neglect or deft of them the sd (T.) and the survors &c. And the better to enable the sd (T.) and the survors &c. to recover and rece all and singr the afd jt and separate este and effects now due or belonging to the sd A. and B. or either of them They the sd A. and B. with the consent of the sd sevl crs pties hereto of the third pt Have and each of them Hath made constituted &c. and by &c. Do and each of them Doth make &c. the sd (T.) and the &c. their true and lful atty and atties irrevocable in their or either of their names places or stead but to and for the uses and purps afd to demand sue for recover and rece of and from the sd sevl psns in the sd schedules mentd who are indebted to the joint and separate estes of the sd A. and B. or either of them on any acct whatsr All and the goods wares and merchandize debts or sums and or. the preses hby assd And upon receipt of the same to give acquittances reles and such or. discharges as shall be necssy and on nonpayment thof to prosecute all and evy such actions remedies and means as to them shall seem meet and also to settle and adjust or make composition or agrt of or for the same or any pt thof by arbitration or orwise howsr And also to adjust and settle all and evy or. acct or accts with any psn or psns in relation to the preses and generally to do perform and exte all acts matters and things necssy and fit to be done in and about the preses as fully and effectually to all intents and purps as they the sd A. and B. or either of them might have done if personally present and these prests had not been made And one or more atty or atties under them or him the sd (T.) or the trustee or trustees for the time being to constitute and appt they the sd A. and B. and also the sd (C.) and each of them ratifying allowing and

evy