XIX. vested in him as aforesaid (save and except the fees and per Steward, Gamekeeper, quisites of office, as steward of the manors aforesaid) in Receiver, and manner following, that is to say: in the first place, in pay. Manager. in paying himself a poundage; in paying himself law charges, as attorney of owner, and for surveying, &c.; ment from time to time to himself, the said [steward] of sixpence in the pound, upon and out of all moneys which shall come to his hands, or be actually received by him, for or on account of the rents, arrears of rent, sale of timber, and other the sums which he is empowered and authorized to collect and receive, by virtue of this present indenture (which sum of sixpence in the pound is to be the consideration and recompense for receiving the rents and moneys aforesaid, and keeping, settling, and arranging the accounts relating thereto): And in the next place, in payment of bills for law charges, fees, and disbursements (not including travelling expenses or journeys), which shall become due to him the said [steward], as the solicitor, agent, or attorney of the said [owner] respectively, in prosecuting or defending any action or actions, suit or suits, relating to the estates, rents and moneys aforesaid, and the surveying, mapping, and planning, managing, improving, and superintending the same estates, and the execution of the several powers and authorities vested in him the said [steward], exclusive of receiving such rents and moneys, and keeping the accounts relating thereto as afore said: And in the next place, in payment of salaries, wages and fees, which shall from time to time become due and stewards, &c.; owing to the several under and deputy [stewards], receivers, bailiffs, surveyors, agents, and other persons, which he the said [steward] shall think proper to employ for the purposes aforesaid: And in the next place, in the paying and discharging all and singular the annuities or yearly renton the estates; charges, which now are or shall continue charged upon all or any of the manors and hereditaments aforesaid, as the same shall, from time to time, become due and payable; And also in payment, from time to time, of the expenses to be incurred on account of the repairs which shall be made upon any of the hereditaments aforesaid, which the respective tenants thereof shall not be liable to pay: And also of all premiums of all insurances against loss or damage by fire which may be effected by him of any buildings, effects or property upon the same hereditaments: And in the next place, in payment of all fines, fees, and charges, which shall become due to the landlords for the time being of any of the in paying salaries, &c. to deputy in paying annuities charged in paying expenses of repairs, insurance, &c.; Steward, Receiver, and to account for owner. said leasehold premises, for obtaining renewals thereof: And XIX. from and after the payment of the said several annuities and Gamekeeper, other sums of money, In trust from time to time, to answer, account for, and pay the balance remaining in the hands of the said [steward], unto the said [owner], his executors, adand pay the ministrators or assigns, or as he or they shall from time to residue to time by writing under his or their hand or hands direct. 8. The said [steward] will and shall diligently and faithfully, to the utmost of his power, serve the said [owner] as such his steward, gamekeeper, receiver or agent, manager and superintendent as aforesaid, and take upon himself the care, conduct and management of the same, and will follow and perform the orders and direction of the said owner which shall, by letters or otherwise, from time to time be forwarded or communicated to him concerning the hereditaments aforesaid. Steward to perform his duties faith. fully, of account. 9. The said [steward] will and shall, at the costs of the said and to keep [owner], provide and keep in good order books of account proper books concerning the rents, profits, expenditure and outgoings of, upon or on account of the hereditaments aforesaid; and will and shall from time to time, upon every request of the said [owner], produce to him all such books of account as aforesaid, at such time and place as the said [owner] shall direct; and will and shall once in every year, or oftener if the said [owner] shall so direct in writing, transmit and send to the said [owner] a true and correct statement in writing of all receipts and expenditure of, upon or on account of the hereditaments aforesaid, in such manner and form, and with such particulars, as the said [owner] may from time to time direct; And will and shall also from time to time by letter inform the said [owner] of all such acts and occurrences wherewith it shall be proper or expedient that the said [owner] should be acquainted. 10. If the said [steward] shall be adjudicated bankrupt, Determination of apor enter into a composition with his creditors, or be guilty of pointment. any gross default or misconduct in any of the offices hereby given to him, or by reason of illness or any other cause be incapacitated from acting therein, then immediately upon the happening of any such event all the appointments, powers and authorities, privileges and emoluments hereby made and conferred respectively shall absolutely cease and determine; but in any other case, if the said [owner] shall be desirous of removing the said steward from the said offices, or any of Steward, XIX. them, it shall be lawful for him so to do upon giving six Gamekeeper, previous calendar months' notice in writing of such his desire, Receiver, and to be addressed to the said [steward] at Manager. Arbitration clause. and upon the expiration of such notice, the office or offices from which the said [owner] shall, as stated in such notice, desire to remove the said [steward], and all powers and authorities incident thereto respectively, shall absolutely cease and determine; and if the said [steward] shall at any time desire to resign the offices hereby given to him, it shall be lawful for him so to do upon giving six calendar months' notice in writing of such his desire to the said [owner], to be addressed to him at Hall aforesaid, or such other place as the said [owner] may from time to time in writing direct. And upon any such determination of the said offices as aforesaid, a final settlement and winding-up of the accounts of the receipts and expenditure of, upon or on account of the hereditaments aforesaid shall be forthwith made and taken, and the said [steward] will give and deliver up the books of account aforesaid undefaced and unobliterated to the said [owner], or to such other person or persons as he shall direct, unless prevented by fire or other inevitable accident. 11. If at any time the said [owner] shall object to the yearly statements of receipts and expenditure to be rendered and forwarded to him in manner aforesaid, or if any dispute or difference shall at any time arise between the said [owner] and the said [steward] on the other part, for or on account of any matter or thing herein contained, which shall not within one calendar month after the same shall have arisen be fully decided between the parties themselves, Then, and in every such case, the matter of every such account, dispute or difference, shall be referred to the hearing of two indifferent persons, one to be chosen by the said [owner] and the other by the said [steward] and, if need be, of a third person, to be chosen by the referees aforesaid before proceeding to the reference as their umpire; and the award and determination of the said referees, if they shall agree, or otherwise of their umpire in the matters referred to them or him, as the case may be, shall be binding and conclusive (a). IN WITNESS, &c. (a) An appointment of this nature is not unfrequently accompanied by a bond entered into by the steward, and one XIX. Steward, or more sureties for the faithful observance of the duties of the Gamekeeper, office. Receiver, and This appointment is liable to an ad valorem stamp, according to the annual value of the salary, fines or emoluments appertain- Stamp. ing to the office: stat. 33 & 34 Vict. c. 97, sched. tit. ADMIS SION. NOTE.--For APPOINTMENTS OF NEW TRUSTEES, see For TESTAMENTARY APPOINTMENTS, see title WILLS. For other APPOINTMENTS, see titles MORTGAGES, PURCHASES, and SETTLEMENTS. |