INDEMNITY. Tithes (purchase money). No, CCCLXXIII. *A Deed of Indemnity against Tithes by Investment of part of Purchase Money in the Funds. Recitals. WITNESS. Declaration trust of Bank Annuities. THIS INDENTURE of three parts made the in the Lord 18 day of year of the reign, &c. and in the year of our BETWEEN (the vendor) of, &c. of the first part, (the purchaser) of, &c. of the second part, and (trustees) of, &c. (trustees appointed on the behalf of the said (purchaser)) of the third part. WHEREAS, &c. [recite conveyance of the premises to the purchaser and the doubts as to whether the premises are absolutely exonerated from tithes.] AND WHEREAS it has been agreed that in order to secure and indemnify the said (purchaser) against the consequence of any demand in respect of such tithes or any moduses in lieu thereof, the sum of £ part of the said purchase or consideration money shall be invested in the 3 per cent. Consoli- of £ cent. Consolidated Bank Annuities so transferred to the said (trustees) as aforesaid, were so transferred to them, and that they and the survivors and survivor of them, and the executors and administrators of the survivor, and their or his transferees and assigns, shall stand possessed of and interested in the same upon the trusts years next and for the ends, intents and purposes, and subject to the provisoes, they the said (trustees) and the survivors and survivor of them, and INDEMNITY. Tithes (purchase money). Upon trust to pay to purchaser the value of the tithes recovered. To be determined by third persons. (1) These trusts were settled by the late Mr. Fearne. Trusts. INDEMNITY. Tithes (purchase money). Further trust to pay and indemnify against expenses, &c. and pay only the excess or surplus of such estimated value of such tithes, modus or composition above such value of the said yearly sum, so to be deducted thereout as aforesaid to the said (purchaser), his heirs and assigns. AND also upon further trust that they the said (trustees) and the survivors and survivor of them, and the executors and administrators of the survivor, and their and his transferees and assigns, do and shall out of the said sum of £ so invested as aforesaid, or by sale of a competent part thereof or of the stocks, funds or securities in which the same shall be invested, or by the dividends or interests thereof, from time to time as occasion may require, raise and pay to the said (purchaser), his heirs or assigns, all such sums or sum of money, costs, charges and expenses as he, they or any of them at any time or times hereafter during the said term of years, shall or may bear, sustain, incur or become liable to in consequence or by reason or means of his, their or any of their refusing to pay any tithes in kind, or any modus or composition for or in lieu of tithes, or for or in respect of the hereditaments so purchased by the said (purchaser) or any part thereof, or in defending, or by reason or means, or otherwise in consequence of any demand, action or suit, or other proceedings, which during the period of time aforesaid shall be made, instituted, commenced or prosecuted against the said (purchaser), his heirs or assigns, or against the tenants or occupiers for the time being of the said hereditaments and premises so purchased by him or any part thereof, or for enforcing the payment of any other modus or moduses, composition or compositions, for or in lieu of any tithes predial or vicarial, great or small, of, for or in respect of the said purchased hereditaments and premises, or any part thereof, other than the said yearly sum or modus now payable for the same as aforesaid, or in consequence of any suit or suits to be commenced or instituted by the said (purchaser), his heirs or assigns, within the period of time last mentioned for the purpose of establishing or perpetuating the said modus or yearly sum hereinbefore mentioned to be now payable for the said premises as aforesaid, or for confirming or establishing the exemption of the same several purchased hereditaments and premises or any part thereof from the payment of any tithes in kind in respect thereof, or of any modus or compositions in lieu of tithes, other than the said yearly sum or modus hereinbefore mentioned to be now payable as aforesaid, or in consequence of any appeal to be made to the House of Lords or other jurisdiction against any decree or judgment, decrees or judgments of any court or courts in any such suit or suits, action or actions, so to be instituted, commenced or INDEMNITY. Tithes (purchase money). Further trust (subject to the indemnities aforesaid) for prosecuted as aforesaid, and of, from and against all loss, costs, charges, damages and expenses, for or by reason or means, or in any wise in consequence of any such demands, action or actions, suit and suits, proceedings, appeal or appeals, or judgments, or decrees therein. AND UPON FURTHER TRUST that in the mean time and until any such sum or sums of money, costs, charges, damages, and expenses, shall be paid, borne, sustained, incurred or become the vendor. payable as aforesaid, that they the said (trustees), and the survivors and survivor of them, and the executors and administrators of the survivor, and their and his transferees and assigns, do and shall permit and suffer and sufficiently authorize and empower the said (vendor), his executors, administrators or assigns, to receive and take the interests, dividends and annual proceeds of the said sum of £ or the stocks, funds, or securities, in which they shall be invested for the time being, or so much thereof as shall from time to time remain unsold, or unapplied, or uncalled for, for the purposes aforesaid, or any of them, from time to time as the same shall grow due or become payable, to and for his and their own use and benefit, and from and after the expiration of the said term of years, and full payment of all such sums and sum of money, costs, charges and expenses which before the expiration of the said term shall have become due and payable to or been paid, sustained or incurred by the said (purchaser), his heirs or assigns, and to which he or they shall not become entitled under or pursuant to the trusts aforesaid. UPON TRUST that they the said (trustees), or the survivors and survivor of them, and the executors or administrators of the survivor, and their or his transferees or assigns, do and shall transfer the then clear remaining surplus (if any) of the said sum of L or the stocks, funds or securities in which the same shall be then vested, or so much thereof as shall then remain unsold, or unapplied, or uncalled for, for the purposes aforesaid, unto the said (vendor), his executors, administrators or assigns. PROVIDED ALWAYS and it is hereby agreed and declared by Power of changing and between all the parties to these presents that it shall be lawful securities for the trustees or trustee for the time being of the said trust-monies at any time or times during the existence of the trusts hereinbefore declared with the consent and approbation as well of the said (vendor), his executors, administrators or assigns, as of the said (purchaser), his heirs or assigns, such consent or approbation to be testified in writing under the hands and seals of the persons whose consent and approbation is so hereby made requisite, to make sale and dispose of the said £ Bank Annuities or any part or INDEMNITY. Tithes (purchase money). Power of appointing new trustees, &c. parts thereof, or so much thereof as for the time being shall remain unsold for the purposes aforesaid, and to lay out and invest the monies arising by such sale or sales in any parliamentary stocks, public funds or Government securities, and from time to time with such consent and approbation as aforesaid, to alter and change such stocks, securities or funds, and that such new stocks, securities or funds so taken, and the monies placed therein shall be and remain vested in the said trustees or trustee upon the trusts and for the ends, intents and purposes, and under and subject to the provisoes, declarations and agreements hereinbefore expressed or declared or such of them as shall be then capable of taking effect. PROVIDED also, &c. [Add power of appointing new trustees and clauses of indemnity.] (1) IN WITNESS, &c. New trustees, &e. (1) See ante, p. 556. INSOLVENCY. UNDER this head it was intended to introduce a consolidated abstract of the recent Acts of Parliament relative to insolvent debtors, as well on account of their extensive operation as of the Precedents on the same subject inserted in the prior part of the Work; but as two of the latest acts, viz. 3 Geo. 4. c. 123. and 5 ib. c. 61, will expire at the end of the present session of Parliament, when they may or may not be revived, and if continued may receive amendments or alterations, I have thought it better to postpone them at present, in the hope that an opportunity may be afforded of recurring to them under a subsequent head before the whole work is printed. |