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Strict train for all or any part or parts of the said rents or arrears
BETTLEMFNT. . . ,
of rent, and the distress and distresses then and there
found to lead, drive, and take away, and impound, and the same in pound to detain and keep until the said rent or arrears of rent, and all costs, charges, damages, and expenses whatsoever attending the taking and keeping of such distress and distresses shall he fully paid and satisfied, and in default of payment thereof in due time after such distress or distresses shall be taken, to appraise and sell and dispose of the same distress and distresses, or otherwise to act therein, according to due course of law, and to commence, institute, prosecute, and carry on any action or actions, suit or suits, at law or in equity, attachment or attachments, or other proceedings which the said trustees or trustee for the time being shall deem requisite and necessary to compel the payment and delivery of all or any part of the said rents or arrears of rent, and the same action or actions, suit or suits, attachment or attachments, or other proceedings respectively to prosecute and follow up, or to discontinue and become nonsuit therein, or otherwise to act therein as to them or him, the said trustees or trustee for the time being, shall seem fit and advisable, and to use all other lawful ways or means to compel payment or delivery of all such rents or arrears of rent, or any part or parts —and give no- thereof; And Further, to sign and give notices to the bees to tenants. tenants 0f tlie sa[fi hereditaments and premises, or any part or parts thereof, to quit and deliver up possession of the same, or any part thereof, as may be requisite, or as occasion may require, and to institute, prosecute, and carry on, if necessary, any action or actions of ejectment, or suit or suits, at law or in equity, as the said trustees or trustee for the time being shall deem requisite or advisable for the recovery of possession of any of the said hereditaments and premises, and otherwise to act in relation thereto as they the said trustees or trustee for the time being shall think fit, and generally to do and perform all and every such lawful acts and things whatsoever concerning the premises as they or he shall in their or his discretion think advisable (g):
Power of attor- (g) It might be sufficient, perhaps, to use a short power of attorney Provided Always, and it is hereby further agreed and Strict
1i,i iii s i SETTLEMENT.
declared between and by the parties to these presents,;
that such parts only of the hereditaments and premises by more of the e"the lastly hereinbefore recited indenture of release directed tatfs directed
i • i i ii /• i T i i. i to be sold shall
or authorized to be sold, (including any hereditaments to be be sold than is received in exchange under the provision for that purpose JJJrpJJJJJ^f therein contained), and such parts only of the copyhold or trust; customary tenements thereby directed or authorized to be enfranchised, shall be respectively sold and enfranchised, as the trustees or trustee for the time being of the same indenture shall think requisite and necessary to be sold and enfranchised for redeeming, discharging, and raising the several mortgages and incumbrances and annual sums of money, for the redemption, discharge, or raising of which with and out of (together with other monies) the monies to be raised by such sale and enfranchisement, provision is hereby made as aforesaid; And Further, that when and so soon —and that as either all such as the said trustees or trustee for the time to behold being shall deem requisite and necessary of the heredita- as shall not be
f j • u *k • J I c i J- »old, shall be
ments and premises by the same indenture or release di- conveyed to the
rected or authorized to be sold, (including all the heredita- JJ*""^6 *e'" ments (if any) to be received in exchange under the provision for that purpose therein contained), shall have been sold or conveyed away in exchange, and all such as the said trustees or trustee shall deem requisite and necessary of the copyhold or customary tenements thereby directed or authorized to be enfranchised shall have been enfranchised, or (whichever shall first happen) the several annuities, for the redemption or repurchase of which provision is hereby made as aforesaid, (or such of them as shall not have previously ceased, or, not being redeemable or repurchasable by express stipulation, shall, on application from the said trustees or trustee for the time being, be refused to be redeemed or repurchased upon the terms required by them or him), shall have been redeemed or repurchased, and all the mortgages, incumbrances, and other sums of money, for the
such as that given supra, p. 336; but when tenants of large estates are ney to collect to be dealt with, it is more expedient expressly to clothe the trustees with rents, the powers given them in the text.
Strict discharge and raising of which with and out of (together
. with other monies) the monies to be raised by such sale and
enfranchisement, provision is hereby made as aforesaid, shall have been paid, discharged, and satisfied, then and immediately thereupon the said trustees or trustee for the time being do and shall convey and assure so many or such parts (if any) of the hereditaments and premises by the lastly hereinbefore-recited indenture of release directed and authorized to be sold and enfranchised, (including the hereditaments (if any) to be received in exchange, under '^je provision for that purpose therein contained), as shall n3t have been sold or enfranchised or conveyed away ir exchange, (subject to such incumbrances (if any) as may then affect the same), to, for, and upon the uses, trusts, intents, and purposes, and with, under, and subject to the powers, provisoes, agreements, and declarations hereinbefore exprc -sed and declared or contained of and concerning the hereditaments and premises hereby released, or expressed and intended so to be, or such of the said uses, trusts, intents, and purposes, powers, provisoes, agreements, and declarations, as shall be then subsisting undetermined or capable of taking Creditors not to effect: Provided Always, and it is herel1}' further agreed Hen'"fre"h anc* declared between and by the parties to these presents, that nothing herein contained shall be construed to give any annuitant, mortgagee, or other incumbrancer, any further or other charge, lien, or security, than was subsisting —but as be- before the execution of these presents (/<); But Nevertlora^nd^their Theless it is expressly agreed between and by the said representatives, A. B. and C. B., that as between them and their respective proWdedforthe real and personal representatives the fund provided by the discharge of in- J^ly hereinbefore recited indenture of release and by these
cumbrances to J . . *
be the exclusive presents respectively for the redemption, discharge, and fund.
Settlement for (A) This proviso is usually inserted in settlements of this nature; but it
benefit of ere- jjoes not seem that, even in the absence of it, the creditors would obtain
ties U1It gives anJ ^urtner l'en tnan 'hey previously possessed. (Garrard v. Lord Lau
them no addi- derdale, 3 Sim. 1; 2 Kuss. & My. 451; Walwyn v. Coutls, 3 Sim. 14;
tional lien. Acton v. Woodgate, 2 My. & K. 492; Ravenshaw v. Hollier, 7 Sim. 3;
Prosser v. Edmonds, 1 You. & C. 481 ; Jenkins v. Perry, 3 You. & C. 178. raising of all the said annuities, mortgages and incum- Strict brances, and sums of money, shall be deemed the exclusive *rl1''N" NT'
fund for those purposes: Provided Always, and it is here- Power to trusby further agreed and declared between and by the parties eeipto! glV<! to these presents, that the receipt or receipts in writing of the several and respective trustees or trustee for the time being of these presents, or of the hereinbefore-recited indenture of release, for any sum or sums of money payable to them or him under or by virtue of these presents or the same indenture, or in or about the execution of any of the trusts or powers hereinbefore or in the same indenture contained, shall be a sufficient and effectual discharge or sufficient and effectual discharges for the same, or so much thereof respectively as in such receipt or receipts shall be expressed or acknowledged to be received; And that the person or persons to whom the same shall be given, his, her, or their heirs, executors, administrators, or assigns, shall not afterwards be answerable or accountable for any loss, misapplication, or non-application, or be in anywise obliged or concerned to see to the application of the money therein mentioned and acknowledged to be received, or to inquire into the necessity, expediency, or propriety of any sale, enfranchisement, mortgage, partition, exchange, or other disposition which may be made under or by virtue cf these presents or of the same indenture (/): Provided Always, and it is here- Trustee by agreed and declared between and by the parties to these presents, that if &c. [power to appoint new trustees given to the settlor and his eldest son, " or the survivor of them, or the executors or administrators of such survivor," supra, p. 518: Clause for the indemnity of trustees, supra, p. 550: Clause for the payment of trustees' expenses, supra, p. 551, adding the following power—" And Also to settle, adjust, —with special
(i) If this last clause of the power to give receipts were wanting, it Purchasers,
might be considered that the purchasers, mortgagees, Src, would in every ^tc., s't10j'le
case be bound to see to the necessity, expediency, or propriety of the geehig^o theTM
transactions in which they should engage; and it would of course be very necessity or
difficult to satisfy them on this point. The clause would be a proper Propriety ofa addition to the receipt clause, whenever it embraces monies to be paid by purchasers, mortgagees, or the like.
Strict and allow the accounts of any trustee or trustees who shall
SETT I 1 MENX ^ -
die or be abroad for twelve calendar months, or be desirous
thehtrui■ttee»rto of Deing discharged of and from, or shall refuse, decline, adjustandallow or become incapable to act in the aforesaid trusts, and in
the accounts of , , , , .
deceased or re- whose place or stead a new trustee or trustees shall be tiring trustees, appointed as aforesaid, and also to receive and give discharges for the money which shall appear to be the balance of the same accounts, without any responsibility in the person or persons paying the same money to see to the application thereof, or to be answerable or accountable for the misapplication or non-application of the same"]: Proviso, that Provided Always, and it is hereby expressly agreed and tee°s who'are so- declared between and by the parties to these presents, that licitors may notwithstanding the said E. F. and G. H. are appointed fessiona^busi- trustees by the lastly hereinbefore recited indenture of reness performed lease and by these presents, they the said E. F. and G. H.
in the execution • i i ii , , u • i
of the trusts. respectively shall, over and above all monies to be expended and disbursed by them respectively, either in fees to counsel or in journeys, or in any other manner howsoever in or about or in anywise relating to the execution of the several trusts, powers, and authorities in the same indenture of release and these presents respectively expressed and declared or contained, be allowed and paid out of the trust monies the usual and accustomed charges allowed by clients to attornies and solicitors, not being trustees, for doing and transacting business of the like nature, for or relating to all abstracts, contracts, conveyances, assignments, assurances, deeds, letters, cases for the opinion of counsel, and writings, which may be necessary or requisite to be drawn, prepared, engrossed, perused, examined, executed, stated, or written, in, about, or in anywise relating to the execution of the same trusts, powers, and autliorities, and for and relating to their respectively acting as attornies or solicitors, whether for themselves, as being in their character of trustees, plaintiffs, defendants, or other parties, or for the said A. B. and C. B., or either of them, or in any other manner, in any actions, suits, or other proceedings at law or in equity, or in any other business whatsoever to axise in or about, or in anywise relating to, the execution of