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Of Bond.

discussed, and determined by two indifferent persons, to be elected by or between the said parties or persons in dispute within twenty days after such variance, dispute, or question shall arise or happen, and in case such two persons cannot agree to determine the matter to them to be referred within thirty days next after such reference, then the same shall be referred to and resolved, discussed, and determined by one indifferent person, such as the said referees shall for that purpose nominate and appoint umpire in the premises, who shall determine the same within forty days next after he shall be appointed umpire ; and whatever order, end, or determination the said two referees or umpire shall make as aforesaid touching the premises, the said parties and each and every of them shall stand to, perform and keep, on pain to the party or person refusing of forfeiting and paying all costs, damages, and expences occasioned thereby. AND LASTLY, it is hereby pro

Power of ap

pointing new vided, declared, and agreed by and between the trustees. said parties hereto, that in case any one or more of the trustees abovenamed, or any of the trustees who shall be appointed by virtue of this power, shall happen to die before the said trusts and powers shall be fully executed, or shall relinquish or desire to be discharged, or become incapable of acting in the execution of the same, it shall and may be lawful to and for the said (assignor) during his life, and after his decease for or for her the said

during his life, in case be shall become incapable by the act of God or otherwise, or the continuing or surviving trustees or trustee, if both of them the said (assignor and Ann) shall become incapable as

the said


Of Bond.

aforesaid, to nominate and appoint any other person or persons to be a trustee or trustees in the room of such trustee or trustees who may so die, relinquish, desire to be discharged, or become incapable of acting as aforesaid, for such and the like purposes, and to execute and perform such and the like trusts and powers as the trustee or trustees so dying, relinquishing, desiring to be discharged, or becoming incapable of acting in the said trusts and powers are hereinbefore respectively appointed to do and execute; and that every such new trustee or trustees so to be nominated and appointed as aforesaid shall have, and all necessary acts shall be done for investing such new trustee or trustees with the like interest, power, and authority to act in the premises as the trustee

or trustees in or to whose place he or they shall Trustees' re- succeed, is and are hereby invested with. And ceipts to be gooddischarges. Also, that the receipt or receipts of the said trus

tees respectively for any monies by them receivable and to be received, as well of or from the obligors in the abovementioned bond, as from any other person or persons under or by virtue of these presents shall for so much money as in such receipt or receipts shall be expressed to be received, be a sufficient discharge or sufficient discharges to the person or persons paying the same,

who shall not be answerable for or obliged to see Usual indemni- to the due application thereof. And Also, that

the several trustees hereinbefore named or to be appointed as hereinbefore mentioned, shall not nor shall any of them, their, or any of their heirs, executors, or administrators be chargeable with, responsible or accountable for any sum or sums of money received by or on account of or under the

fications to trustees.


trusts and powers hereby in them respectively ASSIGNvested, any otherwise than each such person for such sum and sums of money as he shall actually

Of Bond. receive or come to his hands or custody ; nor shall any of them be charged or chargeable with, or answerable or accountable for the acts, receipts, neglects, or defaults of the other of them, but each for his own acts, receipts, neglects, and defaults only; nor shall they the said trustees, their respective executors and administrators, or any of them, be answerable for any loss or defect which may happen by the failure of any stocks, funds, or securities, or by any messuages, tenements, lands, or hereditaments taken or purchased in pursuance of these presents, or by any defect of title to the same respectively, or otherwise in the execution or management of any of the trusts hereby in them reposed, unless the same shall arise or exist with their privity or through their default. AND ALSO, that it shall and may be lawful for them the said trustees, their respective executors and administrators out of the trust monies which shall come to their or any of their hands, to allow, retain, or reimburse themselves for all costs, charges, damages, and expences which they respectively shall or may sustain, or be put unto in and about the execution and defence of the trusts hereby in them respectively reposed. IN WITNESS, &c.




No. IX.

To John Doe and Richard Roe attorneys

of his Majesty's Court of King's Bench at Westminster, jointly and severally, or to any other attorney of the same

Court. THESE are to desire and authorize you the attorneys above named, or any one of you, or any other attorney of the Court of King's Bench aforesaid, to appear for me [1] (the obligor or creditor) of

in the county of in the said court, as of this present Easter Term, or any other subsequent Term : And then and there to receive a declaration for me in an action of debt on a [2] bond or obligation made and entered into by me the said Cobligor] to (the obligee [3] or creditor] of Lincoln's Inn afore

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[1] It is the safest way for an executor or administrator, when he confesses a judgment, to prefer one creditor to another, not to confers with costs; for it hath been questioned, and with reason, whether confessing a judgment with costs be not a devastavit; for if the executor or administrator has assets in his hands, he ought to have paid them, and not let judgment go against him. And if he has no assets, he may plead plenæ administravit and so defend himself; but if he has not assets sufficient to pay the principal debt, then it can be no devastavit, for he is himself the only sufferer; (viz.) by paying the costs de bonis propriis.

[2] The condition of a bond is a cesset executio on the warrant of attorney. 4 Com. Dig. 141.

(3) If there be three obligees, the court will permit judgment to be entered up by the survivors. Fendall and others versus May, Bt. Maule and Selwyn's Reports, Michs. 1813.


said, in the penal sum of £

[or in an ac- WARRANTS tion of debt for

for so much money ATTORNEY. borrowed] at the suit of the said (obligee or creditor). bis [4] erecutors and administrutors. AND THEREUPON to confess the same action, or else to suffer a judgment by nil dicit or otherwise to pass against me in the same action, and to be thereupon forthwith entered up against me of record of the said court for the said debt, besides costs of suit. [5] And I the said (obligor or creditor) do hereby further authorize and impower you the said attorneys, or any one of you, after the said judgment shall be entered up as aforesaid, for me and in my name, and as my act and deed to sign, seal, and execute, a good and sufficient release in the law to the said (obligee or creditor), his heirs, executors, and administrators, of all and all manner of error and errors, writ and writs of error, and all benefit and ad

[4] As to the necessity of these words, see Barnes, 44. Cole, Executor, v. Fladen, 20 Geo. 2. C. P. Str. 718.

[5] But if to confess judgment in ejectment, say— " and then and there to receive a declaration for me in an action of trespass and ejectment at the suit of (the lessee of plaintiff) for twenty messuages, &c. with the appurte. nances in the parish of, &c. which (the mortgagee) on, &c. did demise to the said lessee and his assigns, to hold from, &c. before the date hereof for the term of, &c. from thence next ensuing, and fully to be complete and ended, and thereupon to confess a judgment in the said action, for the said messuages, land, and premises, with the appurtenances, or eise to suffer a judgment by nil dicit or otherwise, to pass against me in the same action, for 2d. damages, with costs, and to be thereupon forthwith entered up against me of record of the said court.”

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