No. CCCLII. Covenants from confirming all and whatsr they the sd (T.) or the survors, &c. shall or may lfully do in and about the same And the sd A. and B. for themselves sevlly and resply and for their sevl and respive hrs exs and ads do hby covt &c. with and to the sd (T.) and (C.) pties hereto of the second and third pts in manner following debtors. that is to say That for and notwithstanding any act matter or Lease valid. thing done committed or suffered by them the sd A. and B. or either of them the sd hnbefe recited lease is a good and valid lease and that the sd debts mentd in the sd schedules here- Debts subsisting. under written or orwise expressed to be due and owing to the sd A. and B. by or from the sevl psns therein named are now well and truly due and owing and subsisting And that they the sd A. and B. or either of them or any or. psn or psns for their use or by their order have or hath not at any time or times heretofore assd incumbd recd reld or discharged all or any pt of the hby assd goods wares merchandizes debts or effects And that they or either of them shall or will not witht the consent of the sd (T.) or the survors &c. assign incumber rece rele or discharge the same or any pt thof And also that they shall and will not Not to revoke the power of revoke the authty hby given nor disown rele or discontinue any attorney. action or suit to be bt or commenced pursuant thereto nor do or suffer any act whby or by reason whof the sd (T.) or the survors &c. shall or may be hindred or prevented in or from recovg or recg all or any of the goods wares merchandizes debts or sums of money or or. the preses hby assd or any pt thof And furr To assist trusthat they the sd A. and B. and each of them their and each of their hrs exs and ads shall and will upon evy reasone request of the sd (T.) or the trustee or trustees for the time being attend him or them at such time or times place or places as they shall require and then and there aid and assist in stating and making out all such accts as relate to or concern the sd trust este and preses hby assd And also shall and will from time to time and Further asat all times at the request costs and chas of the sd crs pties hereto or the major pt of them make do and perform and exte any furr or or. reasone act matter or thing whatsr for the ratifying and confirming these prests and for the better more perfectly and satisfactorily assrg and assigng the preses hnbefe assd or intended so to be unto the sd (T.) or the survors &c. or for the more perfectly enabling them the sd (T.) or the survors tees. surance. Trust for To assign debts omitted in schedules. Covenant from trustees. No. CCCLII. &c. to recover get in and rece the same and evy or any pt thof Assignment by Copartners in to and for the uses and purps afd And that in case any debt or debts or sum or sums of money now due and owing unto them the sd A. and B. or either of them is or are omitted to be mentd in the sd schedules hereunder written they the sd A. and B. or either of them shall and will hraftr on request made to him or them transfer and assign all and evy such debt or debts sum or sums of money unto the sd (T.) or the survors &c. or the trustee or trustees for the time being And it is hby decld and agrd &c. (appointment of new trustees, see ante, Trust Deed, No. CCCLI.) And the sd (T.) for themselves sevlly and resply and for their sevl and respive exs and ads and not the one for the or. of them or for the exs ads acts deeds and defts of the ors of them do hby covt and declare to and with the sd (C.) pties hereto of the third pt that they do accept the trusts hby in them reposed and shall and will honestly and truly exte the same to the best of their power and shall and will at the request of the sd (C.) pties hereto or the major pt of them acct with them touching the trust este and shall and will make a faithful distribution of all and evy such sum and sums of money as they shall rece by virtue of these prests after such deductions as are hnbefe mentd unto and amongst the sevl jt and separate crs of the sd A. and B. according to their respive rights and ints and the true intent and meaning of these prests such cr or crs first making affidavit or affirmation of his or their respive debts before one of the masters of the High Ct of Chancery And this Indre furr witnesseth That in conson of the preses they the sd sevl (C.) pties hereto of the second and third pts have for themselves sevlly and resply and for their sevl and respive exs ads ptnrs and ass remised released and for ever quit claimed and by these prests Do and each of them Doth remise rele and quit claim the sd A. and B. and each of them their and each of their hrs &c. of and from all and all manner of actions and causes of action suits debts sum and sums of money claims and demands whatsr at law or in equity which agst them the sd A. and B. or either of them they the sd (C.) now have or ever had or are intitled unto or shall or may have claim challenge or demand agst them or either of them their or either of their hrs &c. for or in respect or by reason or means of any act matter cause or Release from creditors. No. CCCLII. Assignment by Proviso as to by debtors. thing whatsr from the beginning of the world unto the day next before the date of these prests Provided always and it is hby agrd and decld by and betn the pties hereto and it is the true intent and meaning of them and these prests that in case the sd crs pties hereto or any of them shall from time to concealment time or at any time hrafter either by the confession of the sd. A. and B. or either of them or orwise howsr make appear or prove that the sd A. and B. or either of them was or were possessed of interested in or intitled unto any or. goods debts effects or este (their wearing apparel excepted) to the amount of £ or upwards besides what are mentd or referred to in the sd schedules hereunder written that then the sd A. and B. or either of them their or either of their exs or ads shall have no bent or advantage whatsr from or by these prests or from or by any rele or reles to them or either of them given or agrd to be given by their sd crs or any of them but the rele hby given and all the covts and agrts herein contd shall in such case be absolutely void to all intents and purps anything hnbefe contd to the contrary thof in anywise notwithstanding Provided also and it is hby furr decld and agrd by and betn the Proviso as to parties to these prests that if all the crs of the sd A. and B. or executing the either of them shall not come in and exte these prests within the deed of assignspace of months from the day of the date of these prests that then such cr or crs so neglecting or refusing to exte the same shall not be intitled to any distribution bent or advantage whatsr by virtue of these prests but be therefrom absolutely excluded and in such case the pt or pts proportion or proportions of the preses hby assd or the produce thof which such cr or crs would be intitled to have or rece by virtue of these prests shall be pd over into the proper hands of the sd A. and B. or either of them their or either of their exs or ads or to such psn or psns as they shall appt in that behalf In witness &c. see ante, No. XLVI. Schedules. I. Joint and separate debts of A. and B. II. Separate debts of A. III. Separate debts of B. creditors not ment. VOL. I. 3 A No. CCCLIII. Conveyance, &c. (Short Form.) Conveyance. Assignment. No. CCCLIII. Conveyance of real, and Assignment of personal, Property in Obs. As to the validity of such a deed, see Pref. sect. 9; and as to the stamp, see sect. 11. This Indre made &c. see ante, No. LXXXV. Betn (debtor) of &c. of the one pt and (trustees) of &c. of the or. pt Whas (recite title to certain real estes) And whas (recite title to certain personal property) And whas the sd (D.) stands justly indebted unto the sd (T.) and also divers or. psns in various sums of money amounting in the whole to £ or thereabouts which on account of losses and or. misfortunes he is unable to pay And whas the sd (D.) hath proposed to convey and assign over unto the sd (T.) all his real and psnl este and effects whatsr in manner and for the purps hnaftr mentd Now this Indre witnesseth That in pursuance of the sd agrt and in conson of 10s. &c. to the sd (D.) by the sd (T.) in hand &c. pd the rect &c. He the sd (D.) Hath granted bargained sold aliened reld apptd ratified and by &c. Doth grant &c. unto the sd (T.) and to their hrs and ass All that messe or tent &c. and all that piece or parcel of ld &c. (parcels) And all houses &c. And all the este &c. To Have and to Hold the sd messe &c. upon the trusts and for the intents and purps hnaftr decld And this Indre furr witnesseth That in conson of 5s. to the sd (D.) by the sd (T.) in &c. pd the rect &c. He the sd (D.) Hath bargained sold and assd and by these prests Doth &c. bargain &c. unto the sd (T.) their exs &c. all and singr the farming stock (a) implements of husbandry household goods chattels furniture debts and effects whatsr and of what nature or kind soever as are now due and belonging to the sd (D.) and all the este right and int of him the sd (D.) of in and to the sd last mentd preses To Have Hold rece and take the sd farming stock &c. and all and singr or. the preses hby lastly assd unto the sd (T.) or the survor &c. from (a) It has been decided that in an assignment made for the benefit of creditors by a trader and farmer, words "effects, stock, books, and book debts” will convey cattle on the farm, Lewis v. Rogers, 1 C. M. & R. 48. No. CCCLIII. Conveyance, &c. (Short Form.) henceforth upon the trusts and for the purps hnaftr mentd and contd And it is hby decld that the rele and conveye hnbefe made of the sd freehd messe &c. and the assnmt hnbefe made to the sd (T.) their exs &c. of the farming stock &c. is made to them the sd (T.) their hrs exs ads and ass upon trust that they the sd (T.) or the survor of them and the hrs &c. of such survor do and shall as soon as conveniently may be after the date and exon of these prests of his or their own authty and witht the concurrence of the sd (D.) his hrs exs or ads or any or. power or authty of him the sd (D.) than is herein contd unless the same be required by any purchaser or purchasers make sale and absolutely dispose of the sd messe pce and parcel of land farming stock implements &c. and or. effects hnbefe mentd and described and intended to be hby reld and assd with their and evy of their apts either togr or in lots and either by public auction or private contract for the best price or prices that at the time or respective times of such sale or sales can be reasony had or obtained for the same to such psn or psns as shall be willing to become the purchaser or purchasers thof And do and shall stand possessed of and be interested in the mos to arise or be produced by such sale or sales upon the trusts and for the intents and purps hnaftr mentd expssd and decld of and concerning the same And it is Contract of hby decld and agrd by and betn the pties hereto that the sd (T.) without debtor's and the survor of them &c. do and shall for the purps afd make concurrence. and exte all such contracts covts agrts and conveys deeds and assurs as they shall think fit and that the same shall to all intents and purps be as good and effectual in the law [though the sd (D.) should not join therein] as if he the sd (D.) had duly exted the same And that the psn or psns his her or their ass to whom the sd (T.) or the survors &c. shall convey the sd heredts and preses or any pt thof as afd shall notwithstanding the sd (D.) his hrs or ass shall not join therein or assent thereunto be intitled unto and have hold and enjoy the same agst the sd (D.) his hrs and ass and all and evy psn claiming and to claim by through under or in trust for him or them And furr that the rect and rects of the sd (T.) or the survor shall be good and sufficient dischs to any purchaser or purchasers resply of the sd heredts and preses for his her or their purchase money or so much thof resply as in such rect or rects shall be expssd to be trustees valid Receipt valid discharges. |