Release

before one of the masters of the High Ct of Chancery Assign-
And this Indre furr Witnesseth That in conson of the ment in
preses they the sd sevl (C) pties hereto of the second Trust for
and third pts have for themselves sevlly and resply and Creditors.
for their sevl and respive exs ads ptnrs and ass remised
released and for ever quit claimed and by these prests from credi-
Do and each of them Doth remise rele and quit claim the tors.
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 entitled 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 thing whatsr from the beginning of the world unto
the day next before the date of these prests Provided Proviso as
always and it is hby agrd and decld by and betn the to conceal-
pties hereto and it is the true intent and meaning of ment by
them and these prests that in case the sd crs pties
hereto or any of them shall from time to time or at any
time hraftr 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 entitled unto any or.
goods debts effects or este (their wearing apparel ex-
cepted) to the amount of £ or upwards besides what
are mentd or referred to in the sd schedules here-

under 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 any thing hnbefe contd to the contrary thof in
anywise notwithstanding Provided also and it is hby
furr decld and agrd by and betn the parties to these
prests that if all the crs of the sd A and B or either of
them shall not come in and exte these prests within the
space 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 entitled 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
entitled to have or rece by virtue of these prests shall

debtors.

Proviso as to creditors not executing the

deed of assignment.

Assignment in

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 Trust for such psn or psns as they shall appt in that behalf In Creditors. Witness, &c.

Convey

ance.

Assignnient,

Conveyance of real, and Assignment of personal, Pro-
perty, in Trust for the Benefit of Creditors.
(Short Form.)

Obs. As to the validity of such a deed, see Pref. § 9; and as to the stamp, see § 11.

This Indre made, &c. 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 s (T) all his real and penl 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 appted ratified and confirmed and by, &c. Doth grant, &c. unto the sd (T) (in their actual posson, &c. see Release) 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. hargain, &c. unto the sd (T) their exs, &c. all and singr the farming stock 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 henceforth upon the trusts and for the purps hnaftr mentd and contd And it is hby decld that the rele and conveyance 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

Assignment in Trust for Creditors.

(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 (1)) 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 piece 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 reasonably 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 hby decld and agrd by and betn the pties hereto that the sd (T) and the survor of them, &c. do and shall for the purps afd make and exte all such contracts covts agrts and conveyances deeds and assurances 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 (I)) should not join therein) as if he the sd (D) had duly exted the same the psn or psus 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 entitled 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 Receipts the sd (T) or the survor shall be good and sufficient valid disdischarges to any purchaser or purchasers resply of the charges. sd heredts and preses for his her or their purchase money or so much thof resply as in such rect or rects shall be expsed to be recd and that the psn, &c. obtaining such rect

Cor.tracts of trustees

valid without debtor's

concur

And that rence.

or rects, &c. And for the better enabling the sd (T) and Power of the survor of them to recover and get in and rece all attorney. and evy the este and effects now due and owing to the sd (D) he the sd (D) hath constituted, &c. (see p. 342.) 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

Assign

ment in

Trust to

Sell.

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 they 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. GH 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 ers 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) In Witness, &c.

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. § 9; and as to the Stamp, see § 11.

This Indre made, &c. 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 58., &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 here

Assignment in

Trust to

pay Debts

unto 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 pel 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 pel 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) And upon this furr trust and confidence that they the sd (T) and the survors, &c. do pay the same unto the sevl psns Annual and on the sevl accts and in manner and form hnaftr allowance mentd of and concerning the same that is to say That debtor. they do pay the sum of £ to the sd (D) himself for one quarter of the annual paymt of £ which he hath set apart and reserved for himself for his subsistence until the day of 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 of £

so reserved as

afd from the day of to the day of

next And

also the further sum of £ for another quarter of,

&c. from the day of to the

day of next

And also the further sum of £- for anor quarter of the

sum of £ from

be in the yr

the day of

if he shall so desire

which shall And from and

immly after paymt of the sd four sevl sums of

to

to the

the sd (D) Then upon this furr Trust and confidence To pay
that they the sd (T) and the survors, &c. do pay the creditor.
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 pel thof unto and amongst