Page images
PDF
EPUB

A concise Form of an Appointment by Mortgagor of a Receiver of Rents, to secure Interest of Money advanced to him.

This indenture, made, &c., between A. B., of, &c., Iarties. of the first part, C. D., of, &c., of the second part, and E. F., of, &c., of the third part, [recite the mortgage.] And whereas the said A. B., for better se- Recital. curing the punctual payment of the interest of the said sum of L. so long as the said sum, or any part thereof, shall remain due and owing unto the said C. D., upon or by virtue of the said recited security, hath agreed with the said C. D. to appoint the said E. F. receiver of the rents, issues, and profits of all and singular the said premises so granted and released to the said C. D. by the said recited indenture, as aforesaid.

Now, this indenture witnesseth, that, in pursuance of the said recited agreement, and in consideration of the premises, they, the said A. B. and C. D., (but as to the said A. B., at the request and by the direction of the said C. D., testified by his being a party to and executing these presents,) have, and each of them hath nominated, constituted, and appointed, and by these presents, &c., the said E. F., to be the receiver, agent, and attorney of them, the said A. B. and C. D., in their or his names or name and stead, to ask, demand, collect, and receive all and every the rents and profits whatsoever of or arising from [the said

hereby
or intended so to be,] or all, &c., and
from the present and future tenants and occupiers
thereof, or other the person or persons liable to the
payment thereof, as and when the same shall from

If the receiver be appointed for better securing an annuity, recite the annuity-deed as to the grant of the annuity; "and that for the better securing the same, the said grantor, at the request, &c., did grant and release unto, &c., to hold, &c., upon certain trusts therein declared concerning the same.'

[ocr errors]

L

time to time become due and payable; and, in case of the non-payment thereof, or of any part thereof, to take and use such lawful remedies for recovering and obtaining payment of the said rents and profits, or any part thereof respectively, by action, suit, distress, or otherwise, as the said E. F. shall think necessary or proper; and also to perform and execute all other matters and things needful and requisite for collecting and receiving the said rents and profits, as fully and effectually, to all intents and purposes whatsoever, as the said A. B. and C. D., or either of them, might or could do in their or his proper persons or person; and the said A. B. and C. D. do hereby order and direct all the present and future tenants and occupiers of the said or other the persons or person liable thereto, to pay unto the said E. F. all the rents, issues, and profits thereof, for the purpose hereinafter expressed. And it is hereby agreed and declared, that the receipts of the said E. F. shall be good and sufficient discharges to such tenants or occupiers, or other person or persons, for such rents, issues, and profits, as they shall respectively pay to him. And it is hereby also agreed and declared, that all the rents, issues, and profits, which shall be received by the said E. F., shall be held upon and for the trusts, intents, and purposes hereinafter mentioned; (that is to say,) upon trust, in the first place, to pay and discharge thereout all the costs and expenses which he may from time to time incur or be put unto, in, or about the collecting, receiving, and recovering the said rents, issues, and profits, or otherwise, in the execution of the trusts, powers, and authorities hereby in him reposed; and, in the next place, to deduct and retain for his own use, as a compensation and satisfaction for his care, pains, and trouble, in or about the premises, such sum or sums of money as shall be equal to L. for every L.100 received; and, in the next place, pay the costs, charges, and expenses of keeping the said messuages and premises in good repair and condition, [and so insured against fire as

[ocr errors]

aforesaid;] and, in the next place, pay to the said A. B., his executors, administrators, or assigns, the interest from time to time to grow due upon the said sum of L. so secured as aforesaid; and, lastly, do and shall pay to the said [mortgagor,] his heirs, executors, administrators, or assigns, the clear surplus and residue of the rents and profits which shall from time to time remain after the said several payments shall be made thereout as aforesaid; and the said E. F. doth hereby, for himself, his heirs, executors, and administrators, covenant, promise, and agree with and to the said A. B., his [executors, administrators,] and assigns, and also with and to the said C. D., his executors, administrators, and assigns, in manner following; that is to say, that he, the said E. F., shall and will, from time to time, so long as he shall continue to be such receiver as aforesaid of the said rents, issues, and profits, use his utmost endeavours fully to collect, get in, and receive the same; and that the said E. F. shall and will, during such time, and so long as he shall continue to be such receiver of the said rents, issues, and profits as aforesaid, truly and punctually pay and apply, or cause to be paid and applied, the same or such part thereof as shall be received by him in manner and for the purposes hereinbefore mentioned. Provided always, and it is hereby agreed and declared, that the said C. D., his executors, administrators, and assigns, shall not in any wise be answerable or accountable for any loss that may be occasioned by reason of any default or neglect of the said E. F., or for any misapplication or non-application by the said E. F. of the said rents, issues, and profits, or any part thereof respectively, but that such loss, misapplication, or non-application, and the salary or per centage of the said E. F., shall be wholly borne and paid by the said A. B., his executors, administrators, and assigns. Provided also, and it is hereby agreed and declared, that the said E. F. shall not act as such receiver or otherwise in the execution of the herein before mentioned trusts or powers

until some one half-yearly payment of the interest of the said sum shall be in arrear for the space of one calendar month, and also that the powers and authorities hereby given to the said E. F. shall not prevent the said C. D., his executors, administrators, or assigns, from using or exercising all or any of the powers or remedies hereinbefore [or by the said recited indenture] given, limited, or reserved to him or them. In witness, &c.

CHAPTER XI.

APPRENTICESHIP.

Apprenticeship Indentures, (to a Trade.)

THIS indenture, made, &c., witnesseth, that S. J., by Witnessing and with the consent and approbation of his father part. the said D. J., testified by his executing these presents, hath put, placed, and bound, and by these presents doth put, place, and bind himself apprentice to the said J. A., to be taught in the [science,] trade, [or business,] of in all its branches, which the said J. A. now useth and followeth, or shall use or practise, and with him as an apprentice to serve from the day of the date thereof, for and during and unto the full end and term of (seven years) from thence Term. next ensuing, and fully to be complete and ended; during all which said time the said apprentice his said master well and faithfully shall serve, his secrets keep, his lawful commands every where gladly do; hurt to his said master he shall not do, nor willingly suffer to be done by others, but the same to his power shall let or forthwith give notice thereof to his said master; the goods, moneys, or effects of his said master he shall not embezzle or waste, nor lend them without his consent to any; at cards, dice, or any other unlawful games he shall not play; taverns and ale-houses he shall not haunt or frequent; fornication he shall not commit; matrimony he shall not contract; from the

« PreviousContinue »