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To appoint new trustees, (in a will.)

veyed, assigned, and assured respectively in such manner as that the same may be legally and effectually vested in the newly appointed trustee jointly with such former trustee as shall be living and continuing to act; or in case there shall be no former continuing trustee, then in such new trustee or trustees only, upon and for the trusts, intents, and purposes hereinbefore declared of and concerning the same, or of such of them as shall be then subsisting, undetermined, or capable of taking effect, and that such new trustee or trustees shall and may in all things act in the execution of the trusts and powers herein declared and contained, as fully and effectually as if he or they had been originally by these presents appointed, and as the trustee or trustees in or to whose place he or they shall come or succeed, could or might have done, under or by virtue of these presents.

Provided always, and I do hereby direct, that in case the said A. B. and C. D., or either of them, or any succeeding trustee or trustees to be appointed, as hereinafter mentioned, shall happen to die either in my lifetime, or after my decease, or be desirous to be discharged from, or refuse or neglect, or become incapable or unfit to act in the trusts hereinbefore declared, or shall go to reside beyond the seas before the same trusts shall be fully performed or satisfied, then, and so often as the same shall happen, it shall be lawful for the surviving or continuing, or other trustee or trustees of the said trust-premises for the time being, or in case there shall be no continuing trustee, then for the retiring trustees or trustee of their or his own proper authority, by any deed or writing under their or his hands and seals, or hand and seal, to nominate and appoint any other person or persons to be a trustee or trustees in the place or stead of the trustee or trustees so dying, desiring to be discharged, or refusing, neglecting, or becoming incapable or unfit to act, or going to reside beyond the seas, as aforesaid ; and that when

and so often as any new trustee or trustees shall be appointed, as aforesaid, all the trust-premises (the trustee or trustees of which shall so die, desire to be discharged, or refuse, neglect, or become incapable or unfit to act, or go to reside beyond the seas as aforesaid) shall thereupon, with all convenient speed, be conveyed, transferred, and assured in such manner as that the same may be legally and effectually vested in the newly appointed trustee or trustees jointly, with the former continuing trustee or trustees of the premises, or in case there shall be no continuing former trustee, then in such newly appointed trustee or trustees only, upon and for the several trusts, interests, and purposes hereinbefore expressed and declared, of and concerning the same, or such of them as shall be then existing, and capable of taking effect, and that all and every such new trustee or trustees shall and inay in all respects act and assist in the carrying on and execution of the trusts to which he or they shall be so appointed, as fully and effectually, and with all such powers and authorities whatsoever, as if such new trustee or trustees had been hereby appointed, and as such the trustee or trustees in or to whose place he or they shall come or succeed, might do, or could have done, under or by virtue of this my will.

And I do hereby direct and declare, that it shall To executors be lawful for my said trustees and executors, or other or trustees

to compound the trustees and executors for the time being of this debts, &c. my will, to compromise, compound for, submit to arbitration, or otherwise settle any debt or debts, sum or sums of money, which shall be owing to or from me on any accounts or reckonings which shall subsisting and unsettled between me and any

person or persons at the time of my decease, and to accept any security oe securities whatsoever

debt or debts which may be due and owing to me at the time of my decease, and to give or allow such time or times for the payment of any such debt or debts as my said trustees and executors,

be other

for

any

or trustee and executor, may think proper or expedient, and to abandon any such debt or debts as they or he may deem bad or desperate, or which they or he may think it not advisable to sue for, or endeavour to recover, and without being answerable for any loss which may arise thereby.

PROVISOS.

day of

Proviso for

Provided always, and it is hereby agreed and deredemption in a mortgage. clared by and between the said parties hereto, that

if the said A. B., his heirs, executors, administrators, or assigns, or any of them, shall and do well and truly pay, or cause to be paid, unto the said C. D., his executors, administrators, or assigns, the sum of L. of lawful money of Great Britain, on the]

next ensuing the date of these presents, with interest for the same after the rate of L. per cent. per annum; then, and in such case,' and at any time after such payment shall be so made, he the said C. D., his heirs and assigns, shall and will, at the request, costs, and charges of the said A. B., his heirs or assigns, convey and assure the said messuages, &c., expressed to be hereby granted and released, with the appurtenances, unto and to the use of the said A. B., his heirs and assigns, or otherwise, as he or they shall direct or appoint, free from all incumbrances made, done, or committed by the said A. B., his heirs, executors, administrators, or as. signs, or any person or persons claiming or to claim by, from, under, or in trust for him, them, or any

of them. Mortgagor to

Provided also, &c., that in the meantime, and until enjoy until de.

. In a mortgage for a term, conclude as follows:-“ And immediately after such payment shall be made, as aforesaid, these presents, and the said term of created, shall absolutely cease, determine, and be void, any thing herein contained to the contrary thereof in any wise notwithstanding."

fault.

years, hereby

default shall be made in payment of the said sum of L.

, or the interest thereof, or of any part thereof respectively, contrary to the aforesaid proviso or agreement for payment of the same, and the true intent and meaning of these presents, it shall and may be lawful for the said A. B., his heirs and assigns, peaceably and quietly to have, hold, use, occupy, possess, and enjoy the said messuages, &c., intended to be hereby released, and to receive and take the rents, issues, and profits thereof, and of every part thereof, to and for his and their own use and benefit, without the lawful let, suit, trouble, denial, eviction, interruption, or disturbance whatsoever, of, from, or by the said C. D., his heirs, executors, administrators, or assigns, or of, from, or by any other person or persons claiming, or to claim, by, from, through, under, or in trust for him, them, or any of them.

Provided always, and it is hereby agreed and de- Proviso for clared, between and by the said parties hereto, that redemption in in case the said [mortgagor,] his heirs, executors, bankers for a administrators, or assigns, shall and do on demand floating in writing, for that purpose made on him or them by the said [bankers,] or the survivors or survivor of them, or the executors or administrators of such survivor, or other the person or persons for the time being constituting their said firm, or carrying on their said business, or their or his respective assigns, or any of them, or by the manager or chief clerk of the said bank, such demand being made or served on him the said [mortgagor,] his heirs, executors, administrators, or assigns, or left at his or their most usual place of abode in England, or without such demand, at any time after the expiration of six calendar months from the date of these presents, well and truly pay, or cause to be paid, unto the said [bankers,] or unto the survivors or survivor of them, or the executors or ad. ministrators of such survivor, or other the person or persons for the time being constituting their said firm, or carrying on their said business, or their or his respective assigns, all such sum or sums of money, not

balance.

D

any

exceeding in the whole (including the said present balance, in case the same shall then remain unsatisfied) the sum of L.

as for the time being shall be due and owing from the said [mortgagor,] his heirs, executors, or administrators, unto the said [bankers,] or the survivors or survivor of thein, or the executors or administrators of such survivor, or other the person or persons for the time being constituting their said firm, or carrying on their said business, or their or his respective assigns, on or as the balance of the said bank account, whether for or in respect of the said balance so now due from him the said [mortgagor] to the said [bankers,] as aforesaid, or any part thereof, or for other

which shall or may hereafter be paid or advanced by the said [bankers,] or the survivors or survivor of them, or other the person or persons for the time being constituting their said firm, or carrying on their said business, [or by the branch of the said firm,] unto the said [mortgagor,] or at his request, or for or by reason of the acceptance or payment by the said banking firm, [or of the said branch thereof,] of the drafts, bills, or promissory-notes of the said [mortgagor,] or for or by reason of the said firm discounting any bills of exchange, bearing the name of the said [mortgagor,] either as drawer, acceptor, or indorser, which may be subsequently dishonoured, or for or by reason of any payments or advances which may be made by the said [bankers,] or the survivors or survivor of them, or other the person or persons for the time being constituting their said firm, or carrying on their said business, on the account of him the said [mortgagor,] or for common charges or for interest, such interest being calculated after the rate of L. on such sum or sums of money as, for the time being, the said firm, however constituted as aforesaid, are, shall, or may be, in advance or balance to or on account of him the said [mortgagor,] to be computed as to the said sums, in respect whereof the said banking firm shall be in advance, as aforesaid, from the time or respective times at which the same

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