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hands under the trusts of the said hereinbefore in
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, &c., 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.*
DISTRESS FOR RENT.
I HEREBY authorize and require you to distrain the
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.
* 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, 1s. 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
under the in
Take notice, that I have this day distrained [or Notice of dis"that, as bailiff to C. D., your landlord, I have this tress written day distrained,"] on the premises above mentioned, ventory. the several goods and chattels specified in the above inventory, for the sum of L. , being 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 day of
in the year of our Lord 184 .
in the county of
'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 shall con- 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
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.
The like for growing
crops, on sta
tute 11th Geo. II., c. 19, s. 8.
Form of appraisement.
To Mr. A. B.
Take notice, that I have this day taken and distrained [or "that, as bailiff to C. D., your landlord, I have taken and distrained"] on the lands and premises above mentioned, the several growing crops specified in the above inventory, for the sum of L.
[as in last,] for the said lands and premises; and that
in the year
of our Lord 1840, G. H., of, &c., and I. K., of, &c., two
L. M., constable. Present at the time of swearing the said G. H. and I. K. as above, and witnesses thereto.
We, the above-named G. H. and I. K., being sworn upon 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
in the year of our Lord 1840. G. H., I K., sworn appraisers. [The last two forms are usually written on the inventory.] 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 distress. of some piece of furniture or other article there, to say, if the distress is made by the landlord himself, "I seize this chair, (or other thing, as the case may be,) in the name of all the goods and effects on these premises, for the sum of L.
years' rent due to me at
last;" or if the
last, by virtue of an
distress be made by some person empowered by the landlord,