APPOINTMENTS. Receiver (of rents). Mortgagor to receive rents until default. Covenant by receiver duly to account. PROVIDED ALWAYS (1) nevertheless, and it is hereby declared and Annuity. and profits, to and for the intents and purposes aforesaid, with such salary or emolument as he the said (mortgagee), his heirs or assigns, shall think fit, not exceeding the sum of one shilling in the pound upon the gross or annual value of the said premises; all and every of which said new or future receivers to be appointed in either of the cases aforesaid, shall have, and he and they is and are hereby invested with such and the same powers and authorities and privileges, and all allowances in all respects as if his or their name or names respectively had been inserted in these presents, instead of the name of him the said (receiver).” (1) This proviso is proper in the case of a mortgage, as corresponding with the clause in the mortgage deed, authorizing the mortgagor to receive the rents and profits till default; but in the case of an annuity it may frequently be expedient that it should be omitted, particularly where the rents and profits are barely sufficient to keep down the annuity, or where the land on which it is secured is under settlement, or limited on trust, for other purposes. APPOINTMENTS. to be answerable Mortgagee not for acts of re ceiver. and purposes hereinbefore expressed concerning the same, and accord- Receiver. ing to the true intent and meaning of these presents. PROVIDED ALSO, and it has been further agreed, and it is hereby declared, that the said (mortgagee), his heirs, executors, administrators or assigns, shall not in anywise be charged or chargeable with, or answerable for any loss, misapplication or nonapplication, of all or any part of the rents, issues and profits of the said premises, or of any part thereof, by the said (receiver), his attornies or agents, or any other receiver or receivers to be appointed under or in pursuance of these presents, whether he or they shall be so appointed by the said (mortgagor), his heirs or assigns, or by the said (mortgagee), his executors, administrators or assigns, or otherwise howsoever; but the sum, if any, as also the salary to be paid to the said receiver, shall be wholly borne and paid by the said (mortgagor), his heirs or assigns. AND MORE- Nor be conOVER (1) that he the said (mortgagee), his heirs, executors, adminis- possession. trators or assigns, shall not by reason hereof, or of any matter or thing herein contained, be considered or construed to be in the actual or virtual possession of all or any of the messuages, lands, tenements and hereditaments, comprised in the said in part recited indenture, nor be accountable for all or any part of the rents, issues or profits thereof, or of any part thereof, or otherwise in relation to the same premises, nor shall any thing herein contained, nor any power hereby or intended to be hereby given, prevent or preclude the said (mortgagee) his heirs, executors, administrators or assigns, from calling in and recovering payment of the said sum of £ and interest, or from sidered to be in adopting and pursuing all or any such means and expedients at law or in equity for that purpose, or for obtaining possession of the said premises, as he the said (mortgagee), his heirs, executors, administrators or assigns shall think fit according to the true intent and meaning, or legal effect of the hereinbefore in part recited indenture of release, and the rules of law and equity applicable thereto. PRO- Receiver not to VIDED LASTLY, and it is hereby declared and agreed, that the said beanswerable for involuntary loss(receiver), or any future receiver or receivers to be appointed in pur- es. (1) As the act of an agent is in most cases deemed the act of the Entry of receiver principal, see Doe and Willis v. Martin, 4 Durnf. and E. 39, this clause not entry of is generally inserted to prevent the entry of the receiver to perform the mortgagee. trusts of his appointment, being construed to be the entry of the mortgagee for breach of the condition on the part of the mortgagor; but as the preceding trusts would preclude this presumption, it is not necessary. And if the receiver be appointed for securing the payment of an an- Annuity. nuity, it is irrelevant, and should be omitted. SUP.-VOL. I. BB APPOINTMENTS. Receiver. suance of these presents, shall not be answerable (1) or accountable for any loss, damage or misfortune, which shall or may happen to the said rents, issues and profits, or any part thereof, or the said messuages, lands, tenements and hereditaments, in any way whatsoever, without his or their wilful default or neglect. IN WITNESS, &c. Receiver not liable beyond his wilful default. (1) The declaration that the receiver shall be answerable only for his wilful negligence or default, is inserted rather as a matter of satis faction to the receiver than of necessity; for although no provision be made for his indemnity, he will not be liable for accidental losses. See Knight v. Ld. Plymouth, 3 Atk. 480; 1 Dick. 120; Rough v. Howell, 3 Ves. 566; but otherwise if he be guilty of gross negligence, ib, or risk the money on his own account, Wren v. Kirton, 11. ib. 377. No. CVI. *An Appointment of a Steward (1) of a Manor or Manors. Variation where it is a Land Steward. manor of KNOW ALL MEN BY THESE PRESENTS, that I (lord or lady) of, &c. Signed, sealed, and delivered (being first duly stamped), in the presence of APPOINTMENTS. Steward. (1) See the appointment of a deputy steward, ante, No. XCIV. p. 302. Deputy. (2) If the appointment be of a Land Steward to superintend the farm- Land Steward. ing and managing the estates of the principal, see ante No. VIII. p. 54. also No. LXXXI. p. 267. et seq. in the margin--and add the clauses there for directing repairs, felling timber, allowing taxes, receiving rents, distraining, &c. APPOINTMENTS. New Trustees (Freeholds). No. CVII. Appointment of New Trustees of Estates of Inheritance in the room of Old Trustees, deceased or resigning. Variations where one or more new trustees are appointed to act in conjunction with one or more of the old trustees.-Where the subsisting limitations are uses, and where they are trusts. - Where the premises, or part, are copyhold.-Where the appointment is by indorsement on the trust deed. THIS INDENTURE (1) of parts, made the day of in the year of the reign, &c. and in the Year of our Lord BETWEEN (the old trustees) of, &c. (2) of the first part, (the husband and wife, or other celles qui trust) of, &c. of the second part, and (the new trustees) of, &c. of the third part (3). WHEREAS (1) An appointment of new trustees is frequently by deed poll, but it seems more proper that it should be by indenture, which, being the words of all parties, will amount to an agreement on the part of the new trustees, to stand possessed of the property upon the trusts de clared, and there is a still greater degree of propriety in this where it is a partial change only of trustees, and a covenant is inserted (as there should be) that the resigning trustee has not encumbered; a covenant will, however, be binding on the covenantor, although by deed poll, if the covenantee be named in the deed; 1 Roll. Ab. 517. F. N. B. 145. Green v. Horne, 1 Salk. 197. If the surviving trustee be an infant, application must be made to the Court of Chancery; and see Alison v. Pomfret, 2 Cox, 221. (2) If the deed of appointment be by indorsement, say, "the within named," instead of describing the parties. (3) When the settled estate is freehold, and one or more trustees are appointed to act in conjunction with a continuing trustee, the mode usually adopted is to convey the estate to the new trustee, to the use of such new trustee and the former trustee, in order that they may take a joint estate in the property for the purposes of the settlement. See 1 Horsm. Prec. 210, 211. 213; and 1 Saund. Us. [132] also 3 Elem. Conv. 2d Ed. p. 416, and where the limitations in the settlements are to the |