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him and his assigns; and after the determination of those estates, To the use of the said A. B., his heirs and assigns,

for ever.

to trustee in fee.

VIII. To such uses, upon such trusts, and for such ends, To such uses intents, and purposes, and under and subject to such powers, jointly appoint, provisoes, declarations, and agreements, as the said A. B. and in default, and C. D. jointly shall, at any time or times, and from time to time, by any deed or deeds, with or without power of revocation, to be by them legally executed (a), direct, limit, or appoint; and in default of and until such direction, limitation, or appointment, and so far as any such direction, limitation, or appointment shall not extend, then to the use of the said E. F., his heirs and assigns, for ever; Nevertheless, upon the trusts &c. (Vide tit. Trusts).

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distress and

IX. To the use, intent, and purpose that the said A. B., Limitation by his intended wife, in case she shall survive the said C. D., way of use of a and her assigns, shall and may from time to time, after the with powers of decease of the said C. D., yearly have, receive, take, and

entry. enjoy, for and during the term of her life, one annual sum or yearly rent-charge of £- of lawful money of Great Britain, to be charged and chargeable upon and yearly issuing and payable out of the manors and other hereditaments hereinbefore granted and released, or expressed and intended so to be, and to be paid to the said A. B. and her assigns, at or in the common dining-hall of Lincoln's Inn, in the county of Middlesex, by four even and equal quarterly payments, on the 25th day of March, the 24th day of June, the 29th day of September, and the 25th day of December in every year, without making any deduction or abatement whatsoever out of the same or any part thereof, for or on account or in respect of any taxes, charges, rates, assessments, or im

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(a) Vide Butler's Fearne, p. 347, note. “ It is apprehended,” says Butler, " that no good reason can be assigned for requiring any specified number of witnesses to the execution of the deed by which the power is executed; it seems, therefore," he adds,“ sufficient to require that the deed shall be legally executed." VOL. II.

L

positions whatsoever, either already taxed, charged, assessed, or imposed, or hereafter to be taxed, charged, assessed, or imposed on the said manors and other hereditaments, or any of them, or any part thereof, or on the said annual sum or yearly rent-charge of £-, or any part thereof, or on the said A. B. or her assigns, or any other person or persons for or in respect of the same, by authority of parliament or otherwise howsoever, or for or on account or in respect of any other matter, cause, or thing whatsoever, [save and except the property tax]; the first quarterly payment of the said annual sum or yearly rent-charge of £— to be made on such of the said days of payment as shall happen next after the decease of the said C. D.; And to and for this further use, intent, and purpose, that in case the said annual sum or yearly rent-charge of £, or any part thereof, shall be in arrear and unpaid by the space of twenty-one days next after any of the days hereinbefore appointed for the payment thereof, then and so often as it shall so happen, it shall be lawful to and for the said A. B. and her assigns, during the term of her life, into and upon the said manors and other hereditaments hereinbefore granted, released, and confirmed, or expressed and intended so to be, to enter and distrain, and the distress and distresses then and there found to take, lead, drive, carry away, and impound, and in pound to detain and keep until the said annual sum or yearly rent-charge of £-, and all arrears so unpaid, together with all costs, charges, and expenses occasioned by reason of the non-payment thereof, and incurred by taking and keeping such distress and distresses, shall be fully paid and satisfied; And in default of payment thereof, or any part thereof respectively, in due time after such distress or distresses shall be taken, to appraise, sell, and dispose of, or cause to be appraised, sold, and disposed of, such distress or distresses, or otherwise to act therein according to due course of law in like manner as in cases of distress for rent reserved upon common leases; To the intent that the said A. B. and her assigns shall and may be fully paid and satisfied the said annual sum or yearly rent-charge of £ and all arrears thereof, and all costs, charges, and expenses attending the nonpayment and recovery of the same; And to this further use, intent, and purpose, that in case the said annual sum or yearly rent-charge of £— shall at any time or times be in arrear or unpaid by the space of forty days next after any one of the said days hereinbefore mentioned, and appointed for payment of the same, then and from thenceforth, and so often from time to time, although no legal or formal demand shall be made of the said annual sum or yearly rent-charge of £--, or the arrears thereof, it shall and may be lawful to and for the said A. B. and her assigns, during the term of her life, to enter into and upon, and take possession of all and singular the said manors and premises hereinbefore granted and released, or any part or parts thereof, and the same to have, hold, occupy, possess, and enjoy, and the rents, issues, and profits thereof, and of every part thereof, to have, receive, and take, to and for her and their proper use and benefit, until she and they shall therewith and thereby or otherwise be fully paid and satisfied the said annual sum or yearly rent-charge of £-, and all arrears thereof, and all such arrears of the same as shall grow due or incur during the time which she or they shall by virtue of such entry or entries be in possession of the said manors and other hereditaments, or any part thereof, together with all costs, charges, and expenses whatsoever attending or to be occasioned by the non-payment or recovery of the same, or any part thereof, or in relation thereunto, and such possession when taken to be without impeachment of waste; And it is hereby agreed and declared, between and by the said parties to these presents, that if the said A. B. shall depart this life on any other day than one of the said quarterly days of payment, a proportionate part of the said annual sum or yearly rent-charge of £— shall be paid to the executors, administrators, or assigns of the said A. B., immediately after her decease, for or in respect of the days which she the said A. B. shall have lived of the then current quarter of a year; And it is hereby also agreed and declared, between and by the said parties to these presents, that the said annual sum or yearly rent-charge of £— is hereby granted to the said A. B., and she the said A. B. doth hereby accept the same as her jointure (a).

On the creation
of a small rent
for owelty.
(Short form).

day of

X. To the use, that the said A. B., his heirs and assigns, shall and may thereout yearly, for ever, on the

in every year, have and take one yearly rentcharge of £— clear of all deductions for taxes, and with the same or the like remedies and powers of distress, and the sale of such distress, as if the said annual sum of £ was a rent reserved on a lease for years; and subject thereto, To the use, &c.

Liinitation of powers of dis

XI. To the use, intent, and purpose (6) that as between

(a) Before the stat. 3 & 4 W.4, c. 106, came into operation, it was usual to add, -“ And in lieu of all dower and thirds and freebench to which she the said A. B., either at the common law, by custom, or otherwise, may or otherwise might be entitled out of or in any lands or other hereditaments of or to which he the said C. D. may be seised or entitled during the said intended coverture, for an estate of freehold and inheritance." These words are now no longer necessary. Vide tit. ProviSOES AND DECLARATIONS.

(6) Upon the sale of lands in lots subject to a fee-farm rent chargeable on the whole, it was stipulated that the purchaser of one particular lot should be liable to the whole rent. The design of the above was to effect that object. The recitals were as follows :“ And whereas all and singular the messuages &c., comprised in the said in part recited indentures of &c., are subject to an annual sum or yearly rent-charge of £

_payable out of the same, to the heirs or assigns of &c.; And whereas the said A. B. did at a public auction, by &c., at &c., contract &c., purchase the messuages &c., at or for the price or sum of £

; And it was agreed by the terms of the said auction that the messuages &c., sold to the said A. B., should be chargeable with the whole of the said rent-charge of £—, and that for indemnifying the purchasers or owners of the residue of the lands chargeable with the said rent-charge of £-, from the payment of the same rent-charge, and all costs, charges, damages, and expenses on account thereof, the said messuages &c., sold to the said A. B. as aforesaid, should be subjected to the charges and powers of distress hereinafter contained."

and be a pro

the person or persons who for the time being shall be seised tress, &c. on thereof, or entitled thereto, and the person or persons who for by way of in

particular lands, the time being shall be entitled to all or any part of the said demnity to purmessuages &c., hereby released &c., the said messuages &c., lands also chargin the possession of the said A. B., may for ever hereafter be ed with a simisolely, and exclusively of the said other messuages &c., charged whose lands are with and subject and liable to the future payments of the to be exonerated. whole of the said annuity or yearly rent of £—, and be tection or indemnity to the said other hereditaments against the payment thereof; For which end it is hereby agreed and declared that if the said annuity or yearly sum of £— shall at any time or times hereafter be in arrear and unpaid, and thereby, or by reason or means thereof, or by reason or means of any other matter, cause, or thing in any wise relating thereto, any entry or distress for the said annuity or yearly sum of £— shall be made upon any of the said hereditaments now charged with the payment thereof, other than or besides the hereditaments hereby intended to be charged with the payment of the same exclusively, and by way of indemnity, as hereinbefore is mentioned, or any sum or sums of money really due for the arrears of the said annuity or yearly sum of £— shall be paid by the said C. D., his heirs, executors, or administrators, or by the said E. F. and G. H., their heirs, executors, or administrators, voluntarily, to prevent or avoid any such entry or entries, distress or distresses, then and in such case, so often as the same shall happen, it shall and may be lawful to and for the said C. D., his heirs and assigns, and also to and for the said E. F. and G. H., their heirs and assigns, or other the person or persons seised of or entitled to the whole or any part of the hereditaments upon which such distress or entry shall be made as hereinbefore is mentioned, or in respect of which such voluntary payment shall be made, (he and they first making a lawful demand thereof), from time to time to enter into and distrain upon the said messuages, hereditaments, and premises hereby intended to be solely charged with the said annuity or yearly sum of £— by way of indemnity, as hereinbefore is mentioned, for all such sum or sums of money, costs, charges, and expenses, as they the said &c., or other the person or persons so seised or entitled as aforesaid, shall

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