No. CCCLIII. recd and that the psn &c. obtaining such rect or rects &e. And Conveyance, &c.

ney.

(Short Form.) for the better enabling the sd (T.) and the survor of them to Power of attor- recover and get in and rece all and evy the este and effects now due and owing to the sd (D.) he the sd (D.) hath constituted &c. (see ante, No. CLIII.) And it is hby furr expssly decld and agrd by and betn the pties to these prests that the sd (T.) and the survor &c. shall stand possessed of and interested in the sd mos to arise by the sale or sales of the sd heredts and preses and of the farming stock &c. hnbefe reld conveyed and assd or intended so to be and the rents issues and profits of the sd messe and preses in the mean time until such sale or sales shall be made and all or. mos which the sd (T.) or the survor &c. shall rece by virtue of these prests upon the trusts and for the intents and purps hnaftr limited expssd and decld that is to say Upon Trust in the first place to pay unto E. F. of &c. G. H. of &c. I. K. of &c. such sum and sums of money as shall be due and owing to each of them under and by virtue of certain mortgages upon the hnbefe mentd freehd preses exted by the sd (D.) to each of them the sd E. F. G. H. and I. K. resply and from and after full paymt thof then upon trust out of the same mos and preses after deducting and retaining all costs chas and exps which he or they or any of them shall sustain expend or be put unto in and about the exon of the sd trusts to pay and apply the residue to and amongst themselves and all or. the crs of the sd (D.) who shall make due proof of their debts if required and shall on or before the day apptd for that purpe (of which notice shall be given by advertisement in the London Gazette and in newspapers) agree to accept the same in full of their respive debts and give a rect in full for the same accordingly And in case there shall chance to be any ultimate residue or surplus of such money Then in trust to pay the same to the sd (D.) his exs ads or ass or such psn or psns as he or they shall appt And the sd (D.) for himself &c. (covenants for title, see Conveyance in Trust for Creditors, No. CCCXLIX.) In witness &c. see ante, No. XLVI.

No. CCCLIV.

Assignment of the Effects of a Debtor (not being a Trader)

in Trust to pay his Debts.

Obs. As to the validity of a deed of this kind, see Pref. sect. 9; and as to the stamp, see sect. 11.

This Indre made &c. see ante, No. XLVI. Betn (D.) of &c. esq. of the one pt and (T.) of &c. of the or. pt Whas (recite debts as mentd in first schedule, see former precedents) Now this Indre witnesseth That in order to secure the paymt of the sd sevl and respive debts so due and owing from him the sd (D.) to his sevl crs and in conson of 5s. &c. He the sd (D.) Hath bargained sold assd transferred and set over and by these prests Doth &c. unto the sd (T.) all and evy the sevl and respive sum and sums of money arrears of rent and money due and owing to the sd (D.) on acct of salary or on any or. acct whatsr parlarly mentd in the second schedule hereunto annexed and all prfts bent advantage costs and chas arising and to be recovered for or on acct of the sd sevl debts sum and sums of money arrears of rent salary and or. things and all the este &c. of him the sd (D.) in to and out of the same and evy pt and pcl thof To Have Hold take and rece the sd sevl debts sum or sums of money arrears of rent and salary and or. things hby bargained sold and assd or intended so to be and evy pt and pcl thof unto the sd (T.) or the survors and survor of them or the exs ads or ass of such survor In Trust and to and for the sevl uses and purps following that is to say That they the sd (T.) or the survors, &c. do immly after the exon of these prests by their letter of atty under their hands and seals authorize and empower W. T. of &c. and S. A. of &c. or any or. psn or psns as the sd (D.) shall from time to time make choice of and direct to get in and rece of and from the sevl tenants and or. psn and psns whose names and sums are mentd and expssd in the sd second schedule hereunto annexed all and evy the arrears of rent and salary and or. sum and sums of money now due and owing to the sd (D.) And that the sd W. T. and S. A. do immly on rect thof or of any pt or pcl thof pay the same into the hands of A. B. and C. D. of &c. bankers in the names and for and on acct of the sd (T.)

No. CCCLIV.

Assignment by

one not a Trader to pay Debts.

to pay Debts.

Annual allow

ance to the

debtor.

£

of £

pay

No. CCCLIV. And upon this furr trust and confidence that they the sd (T.) Assignment by and the survors &c. do the same unto the sevl psns and on one not a Trader the sevl accts and in manner and form hnaftr mentd of and concerning the same that is to say That they do pay the sum of to the sd (D.) himself for one quarter of the annual paymt which he hath set apart and reserved for himself for his subsistence until the next ensuing out of the sd arrears and also out of the growing prfts of his real and personal este hby assd And also that they do pay to the sd (D.) the furr sum of £ or. pt thof for another quarter of the sd sum so reserved as afd from the

day of

of £ day of

day of

to the

next And also the further sum of £
quarter of &c. from the
next And also the further sum of £

for another

day of

day of

the sum of £
the yr

to the
for anor quarter of the

from the day of which shall be in

To pay creditor. paymt of the sd four sevl sums of £

Power of attorney.

if he shall so desire And from and immly after to the sd (D.) Then upon this furr Trust and confidence that they the sd (T.) and the survors &c. do pay the remr of such sums of money as shall be gotten in and recd by them or their order out of or on acct of the preses hby assd or any pt or pcl thof unto and amongst the sevl crs of the sd (D.) whose names are mentd and set forth in the sd second schedule hereunto annexed in such manner and form as the sd (D.) by and with the approbation of the sd (T.) testified by their or one of them signing such orders of the sd (D.) shall from time to time direct them under his hand so to do until all the sd crs are fully pd and satisfied their respive debts and such chas as the sd (T.) and the sd W. T. and S. A. or any or. psn or psns that shall be employed under them shall have necessarily been at or put unto in and about the exon of the present trust are also fully pd and discharged And then in Trust and to and for the use and bent of the sd (D.) his exs ads and ass and to and for no or. use intent or purpe whatsr And for the better enabling the sd (T.) or such or. psn or psns as shall be employed by them to recover and rece the sd debts and sum and sums of money arrears of rent and salary and all or. the preses hby assd he the sd (D.) Hath constituted and by these prests Doth &c. the sd (T.) and the survors &c. his true and lful atties irrevocable for him and in his name but to and

for the proper use and behoof of the sd (T.) and the survors &c. in trust as afd to ask demand sue for recover and rece the sd

727

No. CCCLIV.

Assignment by one not a Trader

to pay Debts.

debtor.

hby assd preses and evy pt and pcl thof and on rect thof or of any pt or pcl thof to give any rects acquittances reles or or. dischas as the case shall require and also to compound arbitrate agree settle commence or defend actions or suits conclude determine and generally to make do and exte all and evy or. act matter or thing whatsr in and about the preses which shall be requisite and needful to be made or done as fully and amply in evy respect as the sd (D.) might or could do if he were personally present and also to authorize constitute and appt one or more atty or atties under them And the sd (D.) doth hby ratify and confirm all and whatsr the sd (T.) shall lfully do or cause to be done in and about the preses by virtue of these prests And the sd (D.) for himself his exs and ads doth hby covt &c. Covenants from with and to the sd (T.) and the survors &c. in manner following that is to say that he the sd (D.) his exs ads or ass or any of them shall not nor will at any time or times hraftr take rece rele or discharge the sd debts or or. the preses hby assd or any of them or any pt or pcl thof witht the consent in writing of the sd (T.) first had and obtained for that purpe and that he the sd (D.) shall and will at all times at the request of the sd (T.) but at the costs and chas in the law of the sd (D.) his exs or ads make do exte and suffer or cause to be made done exted and suffered all and evy such furr and or. acts deeds assnmts and assurs in the law whatsr for the better and more satisfactorily assurg the sd hby assd debts and or. the preses unto the sd (T.) and the survors And for the enabling them to recover and rece the same in trust as afd And furr that the sd (D.) shall and Indemnity to will from time to time and at all times hraftr well and suffi- trustees. ciently save defend keep harmless and indemnified them the sd (T.) and the survors &c. their and each of their goods and chattels lds and tents of from and agst all costs losses and dams which they or either of them shall or may suffer sustain or be put unto for and by reason or means of their or either of their acting in the sd trusts or intermeddling in any of the matters and things in or about the exon thof according to the directions afd And it is hby decld and agrd that the sd (T.) and the Not to be ansurvors &c. shall not be answe for the acts or deeds of the or.

swerable for

each other.

one not a Trader

to pay Debts.

To reimburse themselves.

No. CCCLIV. of them or for the acts and deeds of the sd W. T. and S. A. or
Assignment by
any or. psn or psns who shall be employed by the sd (T.) or for
any sum or sums of money whatsr which are directed to be recd
and pd by virtue of these prests but what shall actually come to
the hands of them the sd (T.) and be actually received by them
their joining in orders and rects (a) for the same notwithstanding
And that it shall and may be lful to and for the sd (T.) and the
survors &c. to deduct all and evy such costs and charges as they
shall have been at or put unto or have incurred in or about the
exon of this present trust out of the mos which shall have been
gotten in by force hereof before they shall be compelled to re-
assign the sd bargained and assd preses or such pt thof as shall
not have been disposed of by force hereof In witness &c. see
ante, No. XLVI.

No. CCCLV.

No. CCCLV.

Assignment to
Two Creditors.

Assignment of Personal Estate to two Creditors upon Trust to
sell for their Benefit.

This Indre made &c. Betn (debtor) of &c. of the one pt A. B.
of &c. and C. D. of &c. two creditors of the sd (D.) of the or. pt
Recital of debts. Whas the sd (D.) is justly indebted to the sd A. B. in the sum
of £ lent and advanced to him by the sd A. B. and unto the
sd C. D. in the principal sum of £ togr with an arrear of int
upon each of the sevl sums And whas for the purpe of repaying
to the utmost of his ability the sd sevl sums of £ and £
togr with all arrears of int resply the sd (D.) hath agrd to make
an assnmnt of all his este and effects in manner hnaftr expssd
Now &c. that for the purpose of raising money to pay off and
dischge the sd sevl principal sums of £ and £ &c. so due
and owing from the sd (D.) to the sd A. B. and C. D. togr with
all arrears of int now due and owing from the same resply and
in conson of the sum of 5s. of &c. to the sd (D.) in hand pd by
the sd A. B. and C. D. the rect &c. He the sd (D.) hath bargd
sold and assd transferred and set over and by &c. unto the sd
A. B. and C. D. All and singr his the sd (D.'s) household and

Testatum.

(a) As to this clause, see No. CCCXLIX. Pref. sect. 5, CONVEYANCES IN TRUST FOR CREDITORS.