Indemnity clause to trustees. Appointment. vidends, and annual produce of the said bank annuities, previously to the sale thereof. And this indenture witnesseth, that, in consideration of the premises, the said C. D. doth hereby for himself, his heirs, executors, and administrators, covenant, promise, and agree to and with the said [trustees,] their executors or administrators, that he, the said C. D., his heirs, executors, or administrators, shall and will, from time to time, and at all times hereafter, well and effectually save, defend, keep harmless and indemnified, the said [trustees,] their executors and administrators, lands and tenements, goods and chattels, of, from, and against all actions, suits, and other proceedings, at law and in equity, which can, shall, or may, at any time or times hereafter, be brought, had, commenced, sued, or prosecuted against the said [trustees,] or either of them, their or either of their heirs, executors, or administrators, and of, from, and against all loss, costs, charges, damages, and expenses, which they, or any or either of them, shall or may pay, sustain, or be put unto, for, or by reason, or on account of the said bank annuities, or any part thereof, or of the sale or transfer thereof as aforesaid, or for, or by reason, or on account of the payment or application of the moneys which arose by the sale thereof as aforesaid, or upon, or by reason, or on account of any act, matter, or thing in anywise relating thereto. In witness, &c. Appointment of a Guardian by an Infant." Know all men by these presents, that I, [A. B.,] of, &c., spinster, aged years, or thereabouts, daughter of C. B., late of, &c., deceased, have chosen, nominated, and appointed, and by these presents do choose, nominate, and appoint C. D., of, &c., to be P If this appointment is made by deed, which prudence would dictate as the proper course, it will be liable to a L.1, 15s. stamp. my guardian, to do, execute, and perform, during my minority, all such acts, matters, and things whatsoever, for me and on my behalf, relating to me and my estate, as a guardian may or ought to do. An Election and Appointment of a Guardian by a Know all men by these presents, that I, A. B., Appointment. son and heir of T. B., late of, &c., being of the age of fourteen years, have nominated, elected, and appointed, and by these presents do nominate, elect, and appoint, P. M., of, &c., to be guardian of my person and estate, until I shall attain the age of twenty-one years. And I hereby promise to be ruled and governed by him in all things touching my welfare. And I do also hereby authorize and empower the said P. M. to enter upon and take possession of all and every my messuages, lands, tenements, hereditaments, and premises whatsoever, situate, lying, and being in in the county of or elsewhere, whereunto I have, or may have, any right or title, and to let and sell the same, and receive and take the rents, issues, and profits thereof, for my use and benefit, during the term aforesaid; giving unto the said P. M. full power in the premises; and whatsoever he shall lawfully do, or cause to be done in the said premises, by virtue hereof, I do hereby promise to confirm. In witness, &c. To prevent the necessity of applying to the chancellor, in case of the guardian's incapacity or refusal to act, it seems advisable to add, "But such guardianship to cease in case the said [guardian] should go to reside abroad, refuse, or become incapable to act in the said guardianship, or become bankrupt or insolvent." Appointment. Ap; ointment. Appointment, by a Father, of a Guardian for his Know all men by these presents, that I, A. B., of, &c., have committed and disposed, and by these presents do commit and dispose, unto P. D., of, &c., the custody, tuition, and education of my son A. B., from and immediately after my decease, until my said son shall attain his age of twenty-one years; and if it shall happen that the said P. D. shall die before me, or before my said son attains his age of twentyone years, then, and in such case, I do commit and dispose unto I. D., of, &c., such custody, tuition, and education, after my decease, and the decease of the said M. P., until my said son attains his age of twenty-one years; and desire the said I. D. to take upon him the trouble for the good of my said son. Appointment of a Chaplain. Know all men by these presents, that I, the Right Hon., &c., have admitted, constituted, and appoint This appointment must be attested by two witnesses; (Vaughan, 177; 7 Ves. 348.) By 12 Car. II. c. 24, the father is empowered, by deed or will, to appoint a guardian for his infant children, whose power continues till the age of twenty-one, or any less time the father may appoint. Whereas the guardianship of the mother, (the guardian by nurture,) or the guardian in socage, ceased upon the ward attaining the age of fourteen years. If the father is dead without having appointed a guardian, and the infant (by reason of not having by descent the legal estate of any socage lands,—of which tenure almost all freehold lands now are, and the death of his mother) has no guardian in socage or by nurture, he may, if of the age of seven years, appoint a guardian, whose office continues till twenty-one, unless, in the case of a female, it is determined by her previous marriage. (Harg. C. Litt. 88, b. n. 13, &c.; Mendes v. Mendes, 3 Atk. 624, 1 Vez. 89; Rex v. Toddington, 1 B. and Ald. 560 ) A chaplain must be retained by instrument under hand and seal, to become a chaplain within the statute; an appointment by word only is not sufficient. (4 Rep. 90.) ed, and by these presents do, &c., the Rev. A. B., of, &c., to be my domestic chaplain, to perform divine offices within my house or chapel, and to have, hold, and enjoy all and singular the benefits, liberties, privileges, advantages, and emoluments due, and of right granted, to the chaplains of nobility by the laws and statutes of this realm. In witness, &c. Appointment of a Parish-Clerk. Know all men by these presents, that I, C. R. C., clerk, Recital of varector of the parish of S., in the county of L., have cancy. nominated, ordained, and appointed, and by these Appointment. presents do nominate, ordain, and appoint to be the parish-clerk of the parish church of S., and in the room, stead, and place of A. B., deceased, the late clerk thereof, and the said office to have and execute by himself, his deputy, or deputies, for and during the term of his natural life, and during the same time to have, perceive, receive, and take all such wages, fees, dues, duties, profits, and emoluments as belong, and are, and shall be due to the said office, and of right ought to belong to the same, in as large and ample a manner as the said A. B., or any of his predecessors, clerks of the said parish of S., have had, or ought to have had, as due and accustomed to the parish-clerk. In witness whereof, I, the said C.R. C., have to these presents set my hand and seal, the day of in the year of our Lord he may The parish-clerk is regarded by the common law as a person having a freehold in his office, and, therefore, though be punished, yet he cannot be deprived by ecclesiastical censures; but for misdemeaning himself in his office, he may be punished in the ecclesiastical court by excommunication, but not by deprivation; Gaudye's case, (2 Brownl. 38.) The parish-clerk is generally appointed by the incumbent, but by custom may be chosen by the inhabitants; and if such custom prevails, it is considered as a temporal or civil right in the parish; and the archdeacon is compellable by mandamus to confirm the object of their choice by swearing him into office; Orme v. Pemberton, Cro. Car. 589; 2 Rol. Abr. 234 and 286. Appointment of a Gamekeeper." Know all men by these presents, that I, A. B., of, &c., do hereby authorize, appoint, constitute, and empower C. D., of, &c., to be gamekeeper of in and to my said manor of and all the royalties, rights, members, and appurtenances thereto belonging, during my pleasure, to keep and preserve the game within and upon the said manor, but not to kill or in any wise destroy or pursue the same, [(or) with full power, licence, and authority, within and upon my said manor, to kill any hare, pheasant, partridge, or any other game whatsoever, for my sole use and benefit, (or) for the use and benefit of ,] and also to take and seize all such guns, bows, greyhounds, setting-dogs, lurchers, or other dogs, ferrets, trammels, lowbells, hays, or other nets, hare-pipes, snares, or other engines, for the taking and killing of conies, hares, pheasants, partridges, or other game, as within the precincts of my said manor of shall be used by any person or persons, who, by law, are prohibited to keep or use the same; and I, the said do hereby authorize, appoint, constitute, and empower the said C. D. to seize, detain, and keep for my own use, all and every net, angle, leap, piche, and other engine, which he shall find used, or laid, or in the custody or possession of any person or persons whomsoever, fishing in any river or fishing whatsoever, within my said manor, without my consent; and further, I do hereby give and grant unto him, the said C. D., during my pleasure, full power and authority to do all and every other act and acts, thing and things, which I have power to authorize, and which are requisite and necessary for the preservation of the game within the said manor, and for the discovery and conviction of offenders in the destruction and pursuit of the same against the laws and statutes of this realm. In witness, &c. "This is liable to a stamp of L.1, 15s. 55 Geo. III. cap. |