sents. AND that the said eighth part or share of the said ship or vessel, and all other the hereditaments and premises hereby assigned, shall and may from henceforth and for ever hereafter be peaceably and quietly had, received, taken and enjoyed, by the said C. D. his executors, administrators, and assigns, without the lawful let, suit, trouble, or molestation of the said A. B. his executors, administrators, or assigns, or any other person or persons claiming under him or them; and that free and clear, and freely and clearly acquitted, exonerated, and discharged, or otherwise by him the said A. B. his heirs, executors, and administrators, well, and sufficiently saved, harmless, and kept indemnified of, from, and against, all and all manner of former and other gifts, grants, bargains, sales, debts, charges, and incumbrances whatsoever, had, made, done, committed or executed, or to be had, made, done, committed or executed, by him the said A. B. his executors, or administrators, or any person claiming under him or them as aforesaid. AND ALSO that he the said A. B. his executors and administrators, and all other persons so claiming under him or them, shall and will from time to time, and at all times hereafter, on the reasonable request and at the proper costs and charges in the law of the said A. B. bis executors, administrators, or assigns, make, do, and execute, or cause and procure to be made, done, and executed, all and every such further and other lawful acts, deeds, matters, and things whatsoever, for the better and more effectually granting and assigning the said eighth part or share, hereditaments and premises hereby assigned or intended so to be, and every part thereof, with the appurtenances unto the said C. D. his executors, administrators, and assigns, in manner aforesaid, and according to the true intent and meaning of these presents; As by the.

said C. D. his executors, administrators, or assigns, or his or their counsel in the law shall be advised and required. IN WITNESS whereof the said A. B. hath hereunto set his hand and seal this year of our Lord 18-.

day of

in the

ASSIGNMENT of Lease from the Assignees of Bankrupt, and the Bankrupt, (by direction of Persons who have a Lien on, and an equita. ble and beneficial Interest in the said Lease and Premises,) to a Purchaser.

Note, The Lease had been deposited by the Bankrupt, previous to his Bankruptcy, as a collateral security, with a Bond for replacing Stock ;-with an Agreement to execute a Mortgage of the same whenever called upon; and by a sub. sequent Agreement he authorized them to sell. No Mortgage or Sale took place before the Bankruptcy, but they afterwards sold with the concurrence of the Assignees, who received a part of the Purchase Money in consideration of joining. The Remainder was paid in discharge of the Bond and Agreement which were delivered up to be cancelled.

THIS INDENTURE made, &c. BETWEEN A. B, of, &c. and C. D. of, &c. (assignees of the estate and effects of E. F. late of, &c. a bankrupt) and the said E. F.* of

*The Solicitor of the Assignees, in this case, objected to the Bankrupt's being made a party, alledging that it was not necessary. To which I replied as follows:-- It ever has been the practice for the Bankrupt to be made a party, if

the first part, G. H. of, &c. and J. K. of, &c. of the second part, and L. M. of, &c. of the third part. WHEREAS, &c. [here a recital of the lease.] AND WHEREAS by a bond or obligation bearing date the

day of

day of

18- the said E. F. became bound unto the said G. H.. and J. K. in the penal sum of £—— of lawful money of Great Britain, with a condition thereunder written, that the same should be void if the said E. F, his hears,xecutors, or administrators, should on or before the next ensuing the date of the said obligation, transfer and replace unto and into the names of the said G. H. and J. K. their executors, administrators, or assigns, in the books kept at the Bank of England for the transfer of such stock, the sum of £-consolidated long annuities, and should in the mean time pay unto them their executors, administrators, or assigns, the said £in the proportions, and at such times as the same would have been payable if such stock had remained in their names in the aforesaid books without any deduction whatsoever. AND WHEREAS by articles of agreement, bearing even date with the said recited bond or obligation, and made between the said E. F. of the one part, and the said G. H. and J. K. of the other part, after reciting the said hereinbefore recited indenture of lease, and also the said

living and to be found. Where this has been omitted I have seen questions put by Conveyancers, on abstracts, to the following purport-why did not the Bankrupt join?—was he dead or out of the Kingdom? &c. I concieve therefore that the Bankrupt may be deemed a necessary party; and that it is incumbent on the Assignees to procure his execution, if the same can be done without an unreasonable expence." Upon this opinion of mine the Solicitor to the Assignees gave up his objection, and got the Bankrupt to execute the Deed.

bond or obligation, and that the said E. F. had agreed to deposit in the hands of the said G. H. and J. K. the said indenture of lease, as a further or colateral security for the retransfer of the said £- consolidated long annuities and payment of the same in the mean time, according to the condition of the said bond or obligation, and also to enter into the agreement therein after contained for assign ing the said lease and premises to the said G. H. and J. K. their executors, administrators, or assigns, as a more effectual security for such retransfer, and payment as aforesaid: and also reciting that the said E. F. had accordingly, on the day of the date of the now reciting agreement, deposited in the hands of the said G. H. and J. K. the said recited indenture of lease. It is witnessed, and thereby mutually agreed and declared, between and by the said parties, that the said recited indenture of lease, was so deposited in the' hands of the said G. H. and J. K. as a further or colateral security for the due transfer and payment in the mean time of the said consolidated long annuities, as expressed in the condition of the said recited bond; and that the same should be kept by them, their executors, administrators, and assigns, until such retransfer. and it is thereby further witnessed, and he the said E. F. for himself, his executors, administrators, and assigns, did thereby agree that he, his executors, administrators, or assigns, should and would at any time thereafter, at the request of the said G. H. and J. K. their heirs, executors, or administrators, but at his own costs, by such conveyances as they or their counsel should require, sufficiently convey and assure the said lease and premises unto them for the residue of the said term, free from all incumbrances, but subject to redemption on replacing such stock and payment of the same annuities in the mean time. AND WHEREAS by a memorandum

bearing date the

day of

last, the said

E. F. authorized the said G. H. and J. K. to sell the said

lease in the best manner they could, and with the produce thereof to reinvest the said £

pay the law expences attending it.

day of

long annuities, and to AND WHEREAS a comday of

mission of Bankruptcy was on the last, awarded and issued against the said E. F. and he was thereupon duly found and declared a Bankrupt by the major part of the commissioners therein named; AND on the same day a provisional assignment of all the said Bankrupts, estate, and effects, was made by such major part of the commissioners, to N. O. of messenger in trust for the immediate preservation thereof (until proper assignees should be chosen,) and for the benefit of all the creditors of the said E. F. AND WHEREAS by indenture bearing date the last, made between the said N. O. of the first part, P. Q. and R. S. esquires, and T. V. gentlemen (the major part of the commissioners as aforesaid,) of the second part and the said A. B. and C. D. of the third part. After reciting the said commission, and that the said E. F. was found a bankrupt as aforesaid, and that such provisional assignment had been made as hereinbefore stated, and also reciting that at a meeting of the major part of the commissioners, the major part in value of the creditors of the said bankrupt did choose the said A. B. and C. D. assignees of the estate and effects of the said bankrupt. It is witnessed that the said N. O. by the direction of the said commissioners, parties thereto, tested as therein mentioned, did assign unto the said A. B. and C. D. all and singular the goods, wares, and chattels, debts, sum and sums of money, and all other the personal estate whatsoever of the said E. F. of which he was possessed or intiled un