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Revocation of uses, &c.

Charge of estate with money for payment of debts under a power.

Further charge.

and with, under, and subject to such and the same or the like powers, provisions, declarations, and agreements, and particularly the said power of revocation and new appointment, (but subject nevertheless and without prejudice to the said term of years, and the trusts thereof), as the same freehold messuages &c. hereby appointed respectively stood limited at the time of the execution of these presents by the said A. B., or would have stood limited in case these presents had not been made or executed.

XXX. By force and virtue and in exercise and execution of the power or authority for this purpose in the said A. B. and C. D. vested by the hereinbefore in part recited indenture, and of all other powers and authorities whatsoever enabling them in that behalf, they the said A. B. and C. D. do, by this present deed or instrument in writing under their hands and seals, revoke, determine, and make void all and every the uses, powers, and provisoes in and by the said hereinbefore in part recited indenture limited, declared, and expressed, and which are now subsisting or capable of taking effect.

XXXI. In exercise and execution of the power or authority to me for that purpose given by an indenture bearing date the &c., and every other power and authority whatsoever enabling me in this behalf, I, the said A. B., do hereby subject and charge the manors or lordships, and other hereditaments therein comprised, with such sum or sums of money as C. D. of &c., and E. F. of &c., or the survivor of them, or the executors or administrators of such survivor, shall think proper to raise for the payment of the debts now owing, or before the next to be contracted by B. B. my second son, with lawful interest for the same, and with such term or terms of years as they or he shall think proper to create in the same manors or lordships and other hereditaments, or any part thereof, for the purpose of securing the sum or sums of money so to be raised.

day of

XXXII. And this Indenture further witnesseth, that, for the better and more effectually securing to the said A. B.

his executors, administrators, and assigns, the repayment of the said sum of £ and interest, He the said C. D. Doth, for himself, his heirs, executors, and administrators, and they the said E. F. and G. H. Do, for themselves respectively, and their respective heirs, executors, and administrators, according to their respective rights, estates, and interests, Charge, and make subject and chargeable, All and singular the freehold and copyhold messuages, lands, hereditaments, and premises, particularly mentioned or referred to in and by the within-written Indenture, with their appurtenances, with the payment of the said sum of £

and interest in manner aforesaid, and according to the true intent and meaning of these presents, and Do, and each and every of them Doth declare and agree with and to the said A. B., his heirs, executors, administrators, and assigns, that the said freehold and copyhold messuages, lands, and hereditaments shall be and remain a security to him the said A. B., his heirs, executors, administrators, and assigns, and stand and be charged and chargeable with the payment to him and them, as well of the said sum of £— and interest in manner aforesaid, as of the within-mentioned sum of £ and interest; and that the said freehold and copyhold messuages, lands, and hereditaments, or any part thereof, shall not in anywise be redeemed or redeemable by the said C. D., his heirs, executors, administrators, or assigns, or by the said. E. F. and G. H., their heirs, executors, administrators, or assigns, but upon payment by him or them, unto the said A. B., his executors, administrators, and assigns, as well of the said sum of £ and interest in manner aforesaid, and according to the true intent and meaning of these presents, as of the said sum of £ and interest, according to the true intent and meaning of the within-written Indenture.

of Charge on

XXXIII. 1. In consideration of the sum of £ lawful money of Great Britain, at &c., the receipt of which said sum of £—, in part of the sum authorized to be raised as aforesaid, they the said A. B. and C. D. do hereby acknowledge, and of and from the same &c. they the said A. B. and C. D., in exercise of the said power vested in

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church rates.

Grant of church

ment of mort

gage and interest.

them, and of every other power enabling them in this behalf,
Do hereby Charge and make liable all the church-rates of
the said parish of A., and any rates made or to be made in
the said parish, under the said Acts of Parliament, or either of
them, with and to the payment to the said G. H. and I. K.,
their executors, administrators, or assigns, of the said sum
of £ —, with interest for the same at and after the rate of
£
per cent. per annum, in the meantime and until the
said principal sum of £ shall be repaid, such interest
to be paid by equal half-yearly payments on the &c., in each
year, free from all deductions and abatements whatsoever,
and the first payment thereof to be made on the &c. next
ensuing the date of these presents.

2. And the said A. B. and C. D. Do, and each of them rates until pay- Doth grant and assign unto the said G. H. and I. K., their executors, administrators, and assigns, all the said rates hereby charged as aforesaid, to be had and holden by them, the said G. H. and I. K., their executors, administrators, and assigns, from this day of until the said sum of £, and the interest thereof, at the rate aforesaid, shall be fully paid and satisfied.

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In a convey

ance by trustees

trusts.

3. And the said A. B. and C. D. Do, and each of them Doth grant unto the said G. H. and I. K., and each of them, their and each of their executors, administrators, and assigns, all such powers of receiving and collecting the rates hereby charged, and granted and assigned as aforesaid, and every part thereof, for the repayment of the said sum of £—, and the interest thereof, or of any part thereof, as are by the said recited Acts of Parliament, or either of them, given to churchwardens for the purpose of raising, levying, and collecting the rates made under the powers of the said Acts, or either of them.

XXXIV. They the said A. B. and C. D., in pursuance in pursuance of and execution of the trusts reposed in them in or by the hereinbefore in part recited last will and testament of the said A. B., and of all other trusts or authorities in anywise enabling them in this behalf, Have, and each of them Hath bargained, sold, and released, &c.

XXXV. In pursuance of the said hereinbefore recited In a conveyance in pursudecree or decretal order, and in obedience thereto, and ance of a decree for carrying the said partition into effect, the said A. B. for partition. Hath &c.

XXXVI. They the said rector and churchwardens of the parish of A. aforesaid, by virtue and in exercise and execution of the power or authority, powers or authorities, given to them in or by virtue or means of the said Act of Parliament, and of all other powers enabling them in that behalf, Have &c.

XXXVII. They the said A. B. and C. D., with the mutual consent and assent of each other, Have determined and dissolved, and by these presents Do determine and dissolve the said copartnership and joint trade, and the said indenture of copartnership, and every clause, article, matter, and thing therein contained, and do hereby declare and agree that the same shall henceforth cease and determine.

In a convey

ance in pursu

ance of an enabling act.

Dissolution of

co-partnership.

In grant of annuity.

Assignment of annuity-powers of distress and entrywarrant of attorney and judgment.

Practical rules.

I.

of parcels (a).

ONE annuity, or clear yearly rent charge or sum of £ of lawful money of Great Britain, to be paid and payable, during the term of years, if the said A. B. shall so long live, and to be charged and chargeable upon, and yearly issuing and payable, and to be had, received, and taken from and out of all and singular the messuages and other the hereditaments hereinafter particularly mentioned, and intended to be hereby demised, and from and out of every part and parcel thereof.

II. The said annuity or yearly sum of £, and the powers of distress and entry, and all other powers, covenants, and remedies whatsoever in the said A. B. vested, or to him granted for compelling and enforcing the payment thereof, and the warrant of attorney, and the judgment entered up in pursuance thereof, and the full benefit and advantage of the same respectively; and all sum and sums of money recover

(a) On the subject of Parcels, see Vol. I. book iì. chap. v. The ensuing rules, there laid down, ought to be strictly observed :

"1st, That the description of the lands should effectually ascertain their locality and boundaries.

"2ndly, That the words in which the parcels are described should completely comprehend them, and convey them to the purchaser.

"3rdly, That in all cases where it can be done, the specification of the lands should connect the description used in the actual deed of purchase with that in the more ancient instruments, and thereby afford evidence of the identity of the lands throughout the title.

"4thly, That it is the province of the purchaser to prepare the purchasedeed, and consequently his right (under the above restrictions) to frame the language of the description.

"And, 5thly, That the vendor cannot support any objection to the description, unless he can shew it to be vague, inapplicable, or too extensive.”

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