in proportion to the amount of the debts owing to them respectively, without any priority or preference, until each of the said creditors, or his or her executors, administrators, or assigns, shall have received 10s. in the pound on the amount of his or her respective debts (a); And as to, for, and concerning all such surplus money as shall remain after payment of the said costs, charges, rent and taxes, incumbrances, and debts, Upon trust, that they the said A. B. and C. D., and the survivor of them, and the executors, administrators, and assigns of such survivor, do and shall pay and transfer the same to the said E. F., his executors, administrators, and assigns, or to such person or persons as he or they in that behalf shall direct.

brances out of lands charged with the same,

to divide resi

due of produce among ditors not being

scheduled cre

mortgagees, and

LIX. Upon trust that they the said A. B., C. D., and To pay incumE. F., and the survivors and survivor of them, his heirs, executors, administrators, and assigns, do and shall, by, with, and out of the money which shall arise or be produced by or from the sale of the lands and hereditaments comprised in each of the mortgages respectively which are mentioned or specified in the schedule hereunder written or hereunto annexed, pay, satisfy, and discharge the sum and sums of money due upon each of the said mortgages respectively, and the interest due and to become due for the same sums respectively, and which shall then remain unpaid; And upon this further trust, that they the said A. B., C. D., and E. F., and the survivors and survivor of them, his heirs, executors, administrators, and assigns, by, with, and out of the residue,

not sufficient, then rateably according to

amount of re

spective debts.

(a) Or,

"And by and out of the residue or surplus of the said sum of £—————, and the interest thereof, do and shall pay to the said several creditors of the said E. F., who are parties to these presents of the second part respectively, or to their respective executors, administrators, or assigns, ten shillings in the pound on the amount of the debts hereinbefore mentioned to be owing to them respectively, and without any priority whatsoever, and without any preference of any one or more of them to any other or others of them."

To pay Incumbrances affecting lands and secured by

the sale of the lands and hereditaments comprised in
each of the said mortgages respectively; and also by,
with, and out of the residue, if any, of all other money
which shall arise or be produced by or from such sale or
sales as aforesaid, do and shall pay, satisfy, and discharge
unto the several other creditors of the said G. H., whose
names are mentioned in the schedule hereunder written
or hereunto annexed, or unto their respective executors,
administrators, and assigns, the several sums of money
set against the names of the same creditors respectively,
and the interest due and to become due for such of the
said sums respectively as carry interest, and interest at
the rate of £5 per cent. per annum, from the day of the
date of these presents, for such of the said sums respectively
as do not carry interest; And in case such residue of the
said money shall not be sufficient for the purpose, then,
do and shall pay and divide the said last-mentioned residue
unto and among the said creditors, (not being mortgagees),
and their respective executors, administrators, and assigns,
rateably in proportion to the sums of money owing to
the same creditors respectively, without any priority or
preference whatsoever of any one or more of the said creditors,
his, her, or their executors, administrators, or assigns,
over any other or others of the same creditors, his, her,
or their executors, administrators, and assigns, as afore-
said (a).

LX. And in the next place, do and shall, out of the money arising from the said sale, and also from the rents of the lands, hereditaments, and moiety respectively, discharge

(a) When creditors are to be preferred in the order in which they shall exhibit their securities,—

"And so as such last-mentioned sum or sums shall be payable in the order and course in which the securities for the same respectively shall be exhibited as aforesaid, without an regard to the priority of the dates or execution of the sam securities respectively."

a

To replace debts

to be paid by one of the partinterest and all

ners named, with

To pay the re

costs, &c. 3rd.

other creditors

shall appoint, pari passu. (In deed to indemnify one person against the debts owing by himself and another upon a partnership ac

or in default,

count).

the incumbrances affecting the same lands, hereditaments, pledges. 2nd. and moiety respectively, and in particular the principal monies and interest secured by the said pledges or deposits, as far as the same incumbrances, pledges, and deposits affect the same lands, hereditaments, and premises respectively; And afterwards and in the next place, do and shall apply sidue to the the whole or a competent part of the money arising from a as the partners such sales as aforesaid, and the rents of the premises, and the money, if any, to become due under and by virtue of such insurance, if any, in reimbursing to the said A. B., his heirs, executors, administrators, and assigns, such and so many of the debts and sums of money specified in the schedule thereof, hereunder written or hereunto annexed, as in the mean time shall have been paid, satisfied, and discharged by him or them, together with interest, at the rate of £5 per cent. per annum, on such of the said debts and sums of money as shall have been paid or discharged by the said A. B., his heirs, executors, administrators, or assigns, computing such interest from the respective times at which the same debts and sums of money shall have been paid, satisfied, and discharged by him or them respectively; together also with the costs, charges, and expenses (if any) which shall have been incurred or sustained by the said A. B., his heirs, executors, administrators, and assigns, by reason or on account of any suits at law and in equity, brought, sued, commenced, or prosecuted, or to be brought, sued, commenced, or prosecuted for recovering and enforcing the payment of the same debts or sums of money respectively, and afterwards in payment, satisfaction, and discharge of so much and such part of the principal monies and interest of the debts specified in the schedule hereunder written or hereunto annexed, as shall then remain unpaid, in such order, and with such priority and preference as the said A. B., his heirs, executors, administrators, or assigns, shall direct or appoint; And in default of such direction and appointment, then and in that case do and shall pay, distribute, and divide the money arising from such sales and such rents among the creditors whose debts shall remain unpaid, their executors, administrators, or assigns, by an equal pound rate in proportion to the debts which shall then be owing to the same

To apply the residue of a sum in composition of debts, &c.

Of a sum not exceeding a certain amount if personal estate insufficient, and pay same in discharge of

debts, &c. so as

to put creditors

on an equal footing.

In trust for and

to convey as

cestui que trust shall appoint, and to the in

creditors respectively, until the same creditors respectively, their executors, administrators, or assigns, shall have received twenty shillings in the pound on the sums then owing to the same creditors respectively, until the whole of the money arising from such sale, and also the said rents, shall be applied, as far as the same will extend.

LXI. Do and shall pay and apply all or any part of the residue or surplus of the said sum of £, and the interest thereof, in payment, satisfaction, and discharge, or in the composition of all or any of the debts due and owing, and at any time and from time to time hereafter to be due, owing, or contracted by or from the said A. B., to or with any person or persons whomsoever, and in such manner, and upon such terms, and in such proportions, and with such priority and preference of any one or more of the same creditors, his, her, or their executors or administrators, to or over any other or others of the same creditors, his, her, or their executors or administrators, and upon such evidence of the existence of any such debt or debts as the said C. D., his executors or administrators, at any time or times before or after the said sum of £- and the interest thereof, shall be received by him or them, shall think most beneficial for the said A. B., his executors or administrators.

LXII. Do and shall retain and take any sum or sums of money, not exceeding £, and apply the same in satisfaction and discharge of so many of the debts of the said A. B. as the clear produce of his personal estate shall be insufficient to pay; and do and shall apply the sum or sums of money to be retained as aforesaid, so as to put all the creditors of the said A. B., as nearly as may be, on an equality, and so that persons exhausting all or any parts of the personal estate may be postponed till other creditors shall be made equal with them, according to the course and practice of courts of equity in marshalling assets.

LXIII. In trust for the said A. B., his heirs and assigns, and to convey and dispose of the same from time to time, as he or they shall direct or appoint, and to the intent that the

trust or beneficial ownership may be deemed and considered as vested in him and his heirs in fee simple, from the date of the said recited articles, notwithstanding his death before the execution of these presents by the said C. D. and E. F.

tent that the be

neficial ownership may be considered as

vested in him.

To convey to the uses of set

tlement, where a new trustee is

LXIV. And it is hereby agreed and declared, between and by the parties to these presents, that the said A. B. and his heirs shall stand and be seised of the hereditaments and premises hereinbefore appointed and released, or intended appointed. so to be, upon trust, that he or they shall forthwith convey the said messuages &c., and all and singular other the hereditaments comprised in the said indenture of settlement, unto the said C. D. and E. F., and their heirs, to the uses, upon and for the trusts, intents, and purposes, and with, under, and subject to the powers, provisoes, agreements, and declarations, to, for, upon, with, under, and subject to which the said messuages, lands, tenements, and all and singular other the premises hereby appointed, would now, under and by virtue of the hereinbefore in part recited indenture of settlement, stand and be limited, subject and liable, in case this present indenture had not been made and executed, and the name of the said C. D. had in the hereinbefore in part recited indenture been inserted instead of the name of the said G. H.

LXV. To such uses, upon such trusts, and for such ends, Another form. intents, and purposes, and with, under, and subject to such powers, provisoes, declarations, and agreements, as the messuages or tenements, lands, hereditaments, and premises, hereby released or otherwise assured, or intended so to be, would at the time of the execution of these presents have stood limited, settled, or assured, under or by virtue or means of the hereinbefore in part recited indenture of lease, and indenture of release or settlement, in case the name of the said A. B. had been originally inserted in the said hereinbefore in part recited indenture of lease, and indenture of release or settlement, instead of the name of the said C. D., and the several estates, powers, and authorities, thereby limited or given to the said C. D. and E. F., or their heirs, executors, administrators, or assigns, or to them and the sur