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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 sur-
vivor, shall and will stand seised and possessed of the
said hereditaments and premises mentioned and com-
prised 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 princi-
pal 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 agree-
ments, 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.

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Recital.

Operative part.

DECLARATION OF TRUST AS TO MONEY SECURED ON
A BOND.

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.

so se

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.

CHAPTER XXIII.

Warrant to distrain.*

DISTRESS FOR RENT.

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.

at

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

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* 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
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.
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.

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being

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

Witness,

in the year of our Lord 184 .

in the county of

landlord's

'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

184

day of

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.

Memorandum

thereof.

Form of appraisement.

Instructions

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.

&C.,

[as in last,] for the said lands and premises; and that

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in the year

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,

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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

hands, the

day of

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.

being

years' rent due to me at

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last;" or if the

last, by virtue of an

distress be made by some person empowered by the landlord,
say, "for the sum of L.
due to A. B., Esq., the
landlord of these premises, at
authority from him to me given for this purpose.” The in-
ventory 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 ap-
praised and sold, and any surplus, after paying rent and ex-
penses, must be paid to the tenant.

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