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hands under the trusts of the said hereinbefore in part recited indenture of the, &c. And that the said (trustees,) and the survivor of them, and the heirs, executors, administrators, and assigns of such survivor, shall and will stand seised and possessed of the said hereditaments and premises inentioned and comprised in the said recited indenture of, &c., of even date herewith, with their, and every of their rights, members, and appurtenances, and of the said principal sum of L. and the interest thereof, thereby secured or expressed, and intended so to be, upon the trusts, and to and for the several ends, intents, and purposes, and by, with, under, and subject to the several powers, provisos, declarations, and agreements, mentioned, expressed, and declared in and by the said indenture of settlement of the, &c., of and concerning the said sum of L. or trust-funds of which the same formed a part, or such of them as are now subsisting and capable of taking effect. In witness, &c.
DECLARATION OF TRUST AS TO MONEY SECURED ON
To all to whom, &c., [recite the bond.] And whereas the consideration for which the said recited bond was given, and which is secured thereby, was the sum of L. lent and paid by the said A. B. to the said E. F., but such sum was not the proper money of the said A. B., but was the proper money and estate of C. D., of, &c. Now know all men, &Co
, that the said A. B. doth hereby acknowledge, testify, and declare, that the said sum of L. cured upon and by virtue of the said recited bond and obligation, was not the proper money of the said A. B., but that the same was and is the proper money, and estate of the said C. D.; and that the name of the said A. B. was only made use of in the said bond and obligation in trust, and for the only use and be
nefit of the said C. D., his executors, administrators, and assigns; and that he, the said A. B., shall and will, at any time when required by the said C. D., his executors, administrators, and assigns, for such purpose, (upon being indemnified of and from all loss, costs, or charges, which may be occasioned thereby,) permit him or them to use the name of him, the said A. B., his executors or administrators, in and for the purpose of bringing and maintaining any suit or action on such bond as may be necessary for obtaining payment of the said sum of L. thereby received as aforesaid, or otherwise dispose of the said bond or obligation as the said C. D. his executors, administrators, and assigns, shall direct. In witness, &c.
Warrant to distrain.*
I HEREBY authorize and require you to distrain the goods and chattels in the dwelling-house (or in and upon the farm, lands, and premises] of A. B., situate in the county of
for L. being years' rent due to me for the same, at
last, and to proceed thereon, for the recovery of the said rent, as the law directs. Dated the
INVENTORY OF GOODS DISTRAINED.
An inventory of the several goods and chattels
* In order to prevent excessive and ruinous charges in the execution of distresses for small rents, it is enacted, by 57th Geo. III., c. 93, that no broker, &c., in levying a distress under L.20, shall take more than the following sums, under the penalty of treble the amount of the moneys so unlawfully taken ; viz. for levying the distress, 3s.; man in possession, per day, 2s. 6d. ; appraisement, whether by one broker or two, 6d. in the pound on the value of the goods ; stamp, the lawful amount thereof. All expenses of advertisements, (if any,) 10s. ; catalogues, ls. in the pound on the net produce of the goods. And the broker is required to give a copy of his charges to the person distrained upon.
distrained by me, C. D., [or E. F., the bailiff,] the day of
in the year of our Lord 184 in the dwelling-house, &c., [describing the premises,] of A. B., situate at in the county of [and if the distress be made by a bailiff, say, “by the authority and on the behalf of C. D.,"] for the sum of L. , being
years' rent due to me, [or “ to the said C. D.,"] at
last. In the dwelling-house, in the parlour, one table (setting out the goods.]
Mr. A. B. Take notice, that I have this day distrained (or Notice of disthat, as bailiff to C. D., your landlord, I have this day distrained,”] on the premises above mentioned, ventory. the several goods and chattels specified in the above inventory, for the sum of L. years' rent due to me, [or “to the said C. D.,"] at
last, for the said premises ; and that unless you pay the said rent, with the charges of distraining for the same, within five days from the date hereof, the said goods and chattels will be appraised and sold according to law. Given under my hand, the
in the year of our Lord 184 . Witness,
tress written under the in
Memorandum that I, A. B., do hereby consent and agree Memorandum that C. B., my landlord, who hath distrained my goods and of the tenant's chattels for rent, in a dwelling-house, &c., [describing the consent to premises,] situate at in the county of
continuing in tinue in possession of my said goods and chattels, in the said possession. dwelling-house, &c., for the space of days from the date hereof; the said C. D. having agreed to forbear the sale of the said goods and chattels for the said space of time, to enable me to discharge the said rent. And I, the said A. B., do hereby agree to pay the expenses of keeping the said possession. As witness my hand, this
184 You and each of you shall well and truly appraise the Appraisers' goods and chattels mentioned in the inventory, [the constable oath. at the same time holding the inventory in his hand, and showing it to the appraisers,) according to the best of your judgment. So help you God.
crops, on sta
To Mr. A. B. The like for Take notice, that I have this day taken and disgrowing
trained (or “that, as bailiff to C. D., your lardlord, I tute 11th Geo. have taken and distrained"] on the lands and premises II., c. 19, s. 8. above mentioned, the several growing crops specified
in the above inventory, for the sum of L. &C. [as in last,] for the said lands and premises; and that
in the year
Memorandum Memorandum, that on the thereof.
of our Lord 1840, G, H., of, &c., and I. K., of, &c., two sworn appraisers, were sworn upon the Holy Evangelists, by me, L. M., of
constable, well and truly to appraise the goods and chattels mentioned in this inventory, according to the best of their judgment. As witness my hand,
L. M., constable. Present at the time of swearing the said G. H. and I. K.
as above, and witnesses thereto. Form of ap
We, the above-named G. H. and I. K., being sworn upon praisement.
the Holy Evangelists, by L. M., the constable above named, well and truly to appraise the goods and chattels mentioned in this inventory, according to the best of our judgment, and having viewed the said goods and chattels, do appraise and value the same at the sum of L.
As witness our hands, the
in the year of our Lord 1840.
G. H., I K., sworn appraisers. [The last two forms are usually written on the inventory.] Instructions The way of making a distress for rent in arrear is to go for making a upon the premises for which the rent is due, and taking hold
of some piece of furniture or other article there, to say, if the
due to A. B., Esq., the landlord of these premises, at last, by virtue of an authority from him to me given for this purpose.” The inventory is then made, and a copy served on tenant, with the notice thereto annexed, or under-written; and if the rent is not paid, or goods replevied at the end of the seventh day, or other time allowed or agreed upon, the same may be appraised and sold, and any surplus, after paying rent and ex. penses, must be paid to the tenant.