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heirs, executors, or administrators, and all and ASSIGNevery other person or persons having or lawfully claiming any estate right, title, trust, or interest of an Annuity. of, in, to, or out of the said annuity, clear yearly rent charge, or sum of and premises hereby assigned, or expressed and intended so to be, or any part thereof, shall and will upon every reasonable request, and at the proper costs and charges in the law of the said (assignee) bis executors, administrators, or assigns, make, do, and execute, or cause or procure to be made, done, and executed, all and every such further and other acts, deeds, matters, or things whatsoever, for the better and more effectual granting, assigning, and assuring the said annuity, clear yearly rent charge, or sum of
, powers and premises, unto the said (assignee) his executors, administrators, and assigns, and for the better enabling him and them to sue for, receive, and recover the same, or any part thereof, as by the said (assignee) his executors, administrators, or assigns, or his or their counsel in the law shall be reasonably advised or devised and required. IN WITNESS, &c.
Term, and Assignment of an
Recital of a grant of annuity or rent
Annuity to a Purchaser and two others who had purchased Shares of him. This Precedent contains an Assignment of a Term, and also of a Judgment and an Indemnification against Portions.
THIS INDENTURE, of six parts, made BETWEEN (grantee of rent charge) of the first part; (his trustee of a term) of the second part; (contractor for the purchase of the whole rent charge) of the third part; (contractor for one fourth) of the fourth part; (contractor for another fourth) of the fifth part; and (intended assignee of the term) of the sixth part. WHEREAS by indentures of lease and release, bearing date respec
year of our Lord
in the and made or expressed
to be made between (grantor) of the first part,
or assigns, in the council house of the said city
in every year.
in case the said (grantor) should die after any of the said quarterly days of payment, then a proportionable part of the said yearly rent charge or to be paid and payable from such of the said quarterly days of payment as should next happen before the day of the decease of the said (grantor) to the day of his death, the first payment of the said annuity, yearly rent charge, or to be made on the
day of the
AND to the With powers
further use, intent, and purpose, that in case the
or any part thereof, in due time after such distress or distresses should be so made, to appraise and sell, or cause to be appraised and sold, or otherwise dispose of such distress or distresses according to the law, as in cases of distresses taken for non-payment of rents reserved
Term, and Judgment.
on common leases or demises, to the intent that thereby the said (grantee) his heirs or assigns Of Annuity, should be fully satisfied and paid the said yearly rent or sum of and all arrears thereof, and all costs, charges, and expences occasioned by the non-payment thereof or of any part thereof, on the days and times in that behalf herein before-menPower of entry. tioned. (1) AND ALSO to the further use, intent, and purpose, that if the said yearly rent charge or sum of or any part thereof, should at any time be behind or unpaid by the space of forty days next over or after any of the said days or times appointed for payment thereof as aforesaid, then and in such case, and as often as it should so happen, it should and might be lawful to and for the said (grantee) his heirs and assigns, into or upon all and singular the said hereditaments or any part thereof, in the name of the whole to enter, and the same peaceably and quietly to have, hold, possess, occupy, and enjoy, without impeachment of waste, and the rents, issues, and profits thereof, and of every part thereof, to receive and take, to and for his and their own use
(1) The power of entry being limited by way of use, as soon as the rent is in arrear, an use, which is served out of the seisin of the releasee, springs up and vests in grantee. This use is immediately transferred into possession by the statute; cousequently he has a right to take and keep possession till the purpose for which it is executed is satisfied, and then the use determines. By virtue of this act he may make a lease for years to try his title or ejectment, either to obtain possession of the lands, if withheld from him, or restore it if disturbed or divested; and if he assigns the annual sum, this right of entry and perception of the rents and profits of the lands passes with it to the assignee. 3 Co. Lit. 203. a.
and benefit, until he or they should thereby or therewith or otherwise, be fully satisfied and paid the said clear yearly rent charge or sum of
all arrears thereof, or so much thereof as should be then remaining due and unpaid, and also so much thereof as might have incurred or as should incur or grow due during such possession, and all losses, costs, charges, damages, and expences, which the said (grantee) his heirs or assigns should or might pay, sustain, expend, or be put unto, for or by reason, or on account of the nonpayment of the said yearly rent charge, or sum or any part thereof, and subject
of Annuity Term and Judgment.
to and subject to the ty and remedies
the said annui
to the use of
TO termor for
the said annuity or yearly rent charge, and remedies aforesaid for the recovery thereof, THE USE of the said (termor) his executors, ad- ninety-nine ministrators, and assigns, from the day next before the day of the date of the said indenture of release, for and during and unto the full end and term of ninety-nine years then next ensuing, and fully to be compleat and ended, if the said (grantor) should so long live, without impeachment of waste, IN TRUST for the said (grantee) In trust for his heirs and assigns, for better securing to him the payment of and them the payment of the said yearly rent and to permit charge; yet nevertheless to permit the said the grantor to (grantor) and his assigns during his life, to re- rents until de ceive, take, and enjoy, the rents, issues, and ment. profits of the said hereditaments, so long as the said annuity, yearly rent charge, or sum of should be duly paid unto the said (grantee) his
fault of pay
And if unpaid
heirs and assigns as aforesaid; but if the said by sixty days, yearly rent charge or sum of
thereof, should happen to be behind
then upon trust
or any part by lease or
and unpaid by the space of sixty days next over
or mortgage, to receive sufficient to pay such aunuity,