power of enlarging the time for making such their valuation and certifying their determination, till any time not exceeding the day of CLIX. Provided always, and in case all or any or either of them the said A. B., C. D., and E. F., or any person or persons to be substituted in their or any or either of their place, shall depart this life before such final award or determination as aforesaid shall be made, then and in that case it shall or may be lawful to and for the said G. H., as to the said A. B. or the person who from time to time shall be substituted in his place, and to and for the said I. K., as to the said C. D. or the person who from time to time shall be substituted in his place, and to and for the referees for the time being, as to the said E. F. or the person who from time to time shall be substituted in his place, to nominate and appoint, from time to time, a referee or referees in the stead or place of the referee or referees so dying; and that every referee so appointed shall have all such powers and authorities as the person or persons in whose place he shall be substituted; and that the referees for the time being shall carry on the proceedings of the former referees without entering anew on the matters in difference, and accordingly shall adopt the resolutions of the former referees, as far as the same referees shall have made any progress in the settlement of the accounts, or in adjusting the matters in difference, and shall have come to any resolution concerning any item or items thereof, so as such resolution shall appear by writing under the hands of the said referees for the time being, or some two of them; and that the several covenants and agreements hereinbefore contained shall extend to the award or determination of the referees for the time being, and to their directions, orders, and regulations, as fully and effectually as if the person or persons appointed in the place of any deceased referee or referees had been originally named and appointed by these presents; and that any two of the said referees for the time being shall be competent to proceed on the matters in difference; and that it shall be no objection to the award of two of the said referees, that both of them To supply a number of re ferees by death, vacancy in the and to enable new referees to proceed on the resolutions of the former referees, &c. For lessee if distrained upon during the term assigned, to dis train on the premises not assigned (a). were not present at the discussion of all matters in diffe rence. CLX. Provided always, and the said A. B. doth for himself, his heirs, executors, administrators, and assigns, covenant and grant with and to the said C. D., his executors, administrators, and assigns, that if at any time or times hereafter, during the continuance of the said term of ninety-nine years, any distress or distresses shall be made in or upon the said messuage or premises hereinbefore assigned, or expressed and intended so to be, or any part thereof, by the person or persons for the time being claiming to be entitled to the said yearly rent of £, for the same yearly rent of £—, or any part thereof, then and in such case, and from time to time, and as often as it shall so happen, it shall and may be lawful to and for the said C. D., his executors, administrators, and assigns, into and upon all and every the said messuage or tenements and premises, demised or intended to be demised by the said hereinbefore in part recited indenture of lease, which are not hereinbefore assigned, or expressed and intended so to be, to enter, and distrain for all such sum or sums of money, costs, charges, damages, and expenses as he the said C. D., his executors, administrators, or assigns, shall pay, sustain, be at, or be put unto, by reason, on account, or in consequence of any such distress or distresses being so made in or upon the said messuage or tenement and premises hereinbefore assigned, or expressed and intended so to be, or any part thereof, by the person or persons claiming to be entitled to the said rent; and the distress or distresses then and there taken, by or by the order of the said C. D., his executors, administrators, or assigns, to take, carry, drive away, impound, and in pound to detain and keep until such sum and sums of money, costs, charges, damages, and expenses as aforesaid, and all the costs, charges, damages, and expenses of, in, or about, or relating to the same distress or distresses, shall be fully satisfied (a) For common form of Powers of Distress and Entry, vide Tit. VI. arts. ix. and xi. and paid to the said C. D., his executors, administrators, or assigns, in due time after such distress or distresses shall be so made or taken; or otherwise to appraise, sell, and dispose of the same distress or distresses, or otherwise to demean therein according to law, in the like manner as in the case of distresses taken for rent reserved by lease or common demise; to the end and intent that the said C. D., his executors, administrators, and assigns, may be thereby fully satisfied, and paid all such sum and sums of money, costs, charges, damages, and expenses, as he or they or any of them shall so pay, sustain, be at, or be put unto as aforesaid, and also all costs, charges, damages, and expenses, of, in, about, or relating to the said last-mentioned distress and distresses. 580 TITLE IX. To prevent dower, conform- That provision in lieu of tierce of lands and half or third of moveables, according to the law of Scotland. OF PROVISOES AND DECLARATIONS. I. 1. AND the said A. B. doth hereby declare that no widow of him the said A. B. shall be entitled to dower out of the messuages, lands, and other hereditaments (a) hereinbefore released or otherwise assured, or intended so to be, or any part thereof (b). 2. And I the said A. B. do hereby declare that no widow of mine shall be entitled to dower out of any manors, advowsons, messuages, or any other hereditaments, whether corporeal or incorporeal, or out of any share thereof, of which I shall die wholly or partially intestate. II. And it is hereby declared and agreed by and between for wife shall be the parties to these presents, and the said A. B. doth hereby consent and agree, that the provision hereby made for the said A. B. shall be and be accepted by her, and she doth hereby accept the same in lieu, bar, recompence, and full satisfaction of and for all manner of tierce of lands, half or third of moveables, or other rights or benefits whatsoever, to which the said A. B. can or may be entitled of or in the estate and effects of the said C. D. her said intended husband, by virtue of the laws of Scotland (c). And it is hereby also provided, (a) Or, if by a separate deed, "comprised in and conveyed by the said hereinbefore in part recited indentures of" &c. (b) For form of limitations to prevent dower, which ought still to be used when it is intended to exclude the dower of any one married on or before the 1st January, 1834, vide Tit. VI. arts. v. and vi. And for the provisions of the Dower Act, see book i. App., p. 265 of the first volume of this work. (c) According to the Scottish law, the widow of an heritable proprietor, who has been married to her for " year and day," or has had a liv declared, and agreed, that the trusts and provisions hereinbefore contained, and every of them, shall be and remain in full force, notwithstanding the death of either of them the said C. D. and A. B. within a year and a day after the solemnization of the said intended marriage, and without any issue of the same marriage having been born alive, any law, usage, or custom of Scotland to the contrary in anywise notwithstanding (a). Two merchants chased real and personal pro in Nevis pur perty; the conveyance of the real estates was to them as fee, to such uses as they or the survivor shall appoint; in de III. And it is hereby directed, declared, and agreed by and between the several persons parties to these presents, as they respectively are interested, that the said real and personal estates, so far as relates to or concerns the joint tenancy in the personal estates and the sole power of appointment over the real estate, shall be held upon, under, and joint tenants in subject to the trusts hereinafter expressed and declared concerning the same; (that is to say), as to, for, and concerning one undivided moiety or half part, the whole into two equal parts or shares to be divided, of and in the same plantations, tracts of land, [negroes or slaves,] implements, live and dead stock, and hereditaments with their appurtenances, in trust for the said A. B., his heirs, executors, administrators, and assigns for ever; And as to, for, and concerning the other or remaining undivided moiety or half part of the same plantations, tracts of land, negroes or slaves, implements, live and dead stock, and hereditaments with their appurtenances, fault, each moiety was limited purchasers to to one of the owe sonalty was li uses to prevent dower; the per mited to them as joint tenants: this declaration followed. ing child by her, is entitled to the "tierce" or life-rent, provided she has not accepted a special provision in lieu of it. The "tierce" extends to one-third of all lands, tiends, (if vested by separate infefftments), and heritable securities, in which, at the time of her husband's death, he stood vested as of fee by infefftment. Bell's Commentaries on the Laws of Scotland, i. 43, 547, 4to edit. Erskine's Inst., tit. vi. sect. 38-41. (a) This clause was suggested by a writer to the signet in consequence of a peculiarity in the law of Scotland, by which, in the event of a marriage dissolving within a year and day from the solemnization thereof, by the decease of either party, without a living child being procreated of the marriage (unless provision is made to the contrary in the marriage contract), the rights of both parties are brought back to the same situation in which they were at the time of marriage. Bell's Com. i. 547. Erskine's Inst., tit. vi. sect. 38-41. |