Power of attorney. Assign- the sevl crs of the sd (D) whose names are mentd and ment in set forth in the sd second schedule hereunto annexed in Trust to such manner and form as the sd (D) by and with the pay Debts approbation of the sd (T) testified by their or one of them signing such orders of the sd (D) shall from time to time direct them under his hand so to do until all the sd crs are fully pd and satisfied their respive debts and such chas as the sd (T) and the sd W T and S A or any or. psn or psns that shall be employed under them shall have necessarily been at or put unto in and about the exon of the present trust are also fully pd and discharged And then in Trust and to and for the use and bent of the sd (D) his exs ads and ass and to and for no or. use intent or purpe whatsr And for the better enabling the sd (T) or such or. psn or psns as shall be employed by them to recover and rece the sd debts and sum and sums of money arrears of rent and salary and all or. the preses hby assd he the sd (D) hath constituted and by these prests Doth, &c. the sd (T) and the survors, &c. his true and Iful atties irrevocable for him and in his name but to and for the proper use and behoof of the sd (T) and the survors, &c. in trust as afd to ask demand sue for recover and rece the sd hby assd preses and evy pt and pcl thof and on rect thof or of any pt or pcl thof to give any rects acquittances releases or or. discharges as the case shall require and also to compound arbitrate agree settle commence or defend actions or suits conclude determine and generally to make do and exte all and evy or. act matter or thing whatsr in and about the preses which shall be requisite and needful to be made or done as fully and amply in evy respect as the sd (D) might or could do if he were personally present and also to authorize constitute and appt one or more atty or atties under them And the sd (D) doth hby ratify and confirm all and whatsr the sd (T) shall lfully do or cause to be done in and about the preses by virtue of these prests And the sd (D) for himself his exs and ads doth hby covt, &c. with and to the sd (T) and the survors, &c. in manner following that is to say that he the sd (D) his exs ads or ass or any of them shall not nor will at any time or times hraftr take rece rele or discharge the sd debts or or. the preses hby assd or any of them or any pt or pcl thof witht the consent in writing of the sd (T) first had and obtained for that purpe and that he the sd (D) shall and will at all times at the request of the sd (T) but at the costs and charges in the law of the sd (D) his exs or ads make do exte and suffer or cause to be made done exted and Covenants from debtor. Assign ment in Trust to pay Debts answerable for each suffered all and evy such furr and or. acts deeds assnmts and assurs in the law whatsr for the better and more satisfactorily assuring the sd hby assd debts and or. the preses unto the sd (T) and the survors And for the enabling them to recover and rece the same in trust as afd And furr that the sd (D) shall and will from time Indemnity to time and at all times hraftr well and sufficiently save to trustees. defend keep harmless and indemnified them the sd (T) and the survors, &c. their and each of their goods and chattels lds and tents of from and agst all costs losses and dams which they or either of them shall or may suffer sustain or be put unto for or by reason or means of their or either of their acting in the sd trusts or intermeddling in any of the matters and things in or about the exon thof according to the directions afd And it Not to be is hby decld and agrd that the sd (T) and the survors, &c. shall not be answerable for the acts or deeds of the other. or. of them or for the acts and deeds of the sd W T and SA or any or. psn or psns who shall be employed by the sd (T) or for any sum or sums of money whatsr which are directed to be recd and pd by virtue of these prests but what shall actually come to the hands of them the sd (T) and be actually recd by them their joining in orders and rects (a) for the same notwithstanding And that it shall and may be lful to and for the sd (T) and the survors, &c. to deduct all and evy such costs To reimand charges as they shall have been at or put unto or have incurred in or about the exon of this present trust out of the mos which shall have been gotten in by force hereof before they shall be compelled to reassign the sd bargained and assd preses or such pt thof as shall not have been disposed of by force hereof In Witness, &c. Assignment of Personal Estate to two Creditors upon bursc themselves. This Indre made, &c. Betn (debtor) of, &c. of the one pt A B of, &c. and C D of, &c. two creditors of the sd (D) of the or. pt Whas the sd (D) is justly in- Recital of debted to the sd A B in the sum of £ lent and debts. advanced to him by the sd A B and unto the sd C D in the principal sum of £ upon each of the sevl sums togr with an arrear of int of repaying to the utmost of his ability the sd sevl sums of £ and £ togr with all arrears of int resply the sd (D) hath agrd to make an assnmt of all his este and effects in manner hnaftr expssd Now, Testatum. (a) As to this clause, see Obs. 3, Conveyance to Trustees in Trust for Creditors where the Debtor is a Trader. &c. that for the purpose of raising money to pay off and discharge the sd sevl principal sums of £— and £, &c. so due and owing from the sd (D) to the sd A B and C D togr with all arrears of int now due and owing from the same resply and in conson of the sum of 5s. of, &c. to the sd (D) in hand pd by the sd A B and C D the rect, &c. He the sd (D) Hath bargd sold and ased transferred and set over and by, &c. unto the sd A B and C D All and singr his the sd (D's) household and or. goods furniture cattle farming-stock chattels debts and psnl este and effects of every description now standing or being in or about the dwelling-house and lds situate at and now or late in the occupation of the sd (D) And all the este, &c. both at law and in equity of him the sd (D) Habendum. therein or thereto To Have receive and take the sd goods farming-stock, chattels and psnl este and effects and all and singr or. the preses hby assigned or intended so to be from henceforth unto the sd A B and CD Upon trust. their exs ads and ass absolutely Upon the Trust nevss and to and for the intents and purps hnaftr mentd that is to say Upon Trust that they the sd A B and C D do and shall forthwith witht any further interposition or assent of the sd (D) by public auction or private contract make sale and absolutely dispose of all and singr the goods chattels and preses hnbefe mentd and intended to be hby assd in such manner as the sd A B and C D think proper and for the best price and prices that can be reasbly obtained for the same And Upon this furr Trust by and out of the mos to arise by the sd sale to reimburse themselves and all psns employed by them all the exps as well of preparing and exting these prests as all or. consequent and incidental exps relating to the trust hnbefe mentd And in the next place to pay off and discharge first the sd principal sum of £ – and all int thof so due and owing to the sd AB And then the sd principal sum of £ and all int thof resply due and owing to the sd CD as afd And lastly upon Trust to pay the residue or surplus (if any) of the mos to arise by the sd sale unto the sd (D) his exs ads or ass or to whom he or they may direct or appt (here add, if necessary, a power of attorney.) To make sale. To pay expenses. To discharge debts. To pay surplus. In Witness, &c. Definition. CONDITIONS. § 1. A condition, is a quality annexed to an estate, right, or interest, by which the same is created, enlarged, or defeated upon the happening of an uncertain event. Shep. Touchst. 117. 2. Conditions are either precedent or subsequent. Where the Conditions conditions must be performed before the estate can commence, it precedent. is a condition precedent; as if an estate be limited to A upon his marriage with B, the marriage is a precedent condition, and until that happens, no estate vests in A.; Show. P. C. 83: but where the effect of a condition is to defeat an estate already commenced, it is a condition subsequent; as where a lease is made on condition Condition that the lessee shall pay to the lessor, on such a day, a certain sum; subsequent. here the condition is subsequent, and following the estate, and the performance thereof continues and preserves the same; Sheph. Touchst. Prest. Ed. 118. 3. An express condition cannot be annexed to an estate, but by By deed. deed. For the most part, conditions are either inserted in or indorsed upon the instrument creating the estate or interest. (See Bonds, Leases, Mortgages, &c.) But where the terms are inserted in a separate instrument, it is called a defeasance, (see Defeasances.) 4. The most apt words wherewith to make a condition in a Operative deed, are, provided always,' 'nevertheless,' and these presents words. are upon this express condition, &c. that if, &c. ;' but other words will have the same effect, as 'proviso,' 'it is provided and agreed,' &c. Sheph. Touch. 117. As to the form of a condition in bonds, see Bonds; and as to the distinction between a condition and a covenant, see Covenants. CONDITIONS OF SALE. § 1. Care should be taken to make the particulars and conditions of sale accurate, as no verbal declaration on the part of the auctioneer, by way of contradicting or limiting them, will be admitted. Sugd. V. & P. 28, 8th ed. When the timber and otber trees are to be taken by the purchaser at a valuation, it should be stated accurately for what trees he is to pay; ib. 33. If an estate is leasehold, and the vendor cannot produce the lessor's title, the fact should be stated in the conditions; ib. 34. Also that the conveyance shall be prepared by and at the expense of the purchaser; and that if he fail to comply with the conditions, the deposit is forfeited. This latter stipulation, gives the vendor a lien on the estate for the purchase-money, and he may, on default, resell the estate, and recover from the purchaser any deficiency on the resale, together with the charges; ib. 35. 2. It has been decided, that a bidder may retract his bidding at any time before the hammer is down; but it may be stipulated in the conditions, that no one should retract his biddings. Payne v. Cave, 3 T. R. 148. 3. The clause in the conditions providing that any mistake in the description shall not vitiate the sale, extends only to unintentional errors. Sugd. V. and P. 37. 4. Although by the stamp acts, the auction duty is imposed on the vendor, yet it is usual to stipulate in the conditions by whom the duty should be paid; ib.39. Conditions of Sale of Lands. (General Form.) 1. That the highest bidder shall be declared the purchaser, and if any dispute shall arise between two or more bidders, the estate shall be immediately put up again. of Lands. 11. That no person shall advance at any one bidding, less than pounds or (a) retract his or her bidding. III. That the purchaser shall pay immediately after the sale, to the auctioneer, a deposit of £- per cent. in part of the purchase-money, and sign an agreement for the payment of the remainder on or before the day of 18 upon having a good title made to him. All outgoings to be cleared to that time. IV. The purchaser shall have a proper conveyance at his own expense, on payment of the remainder of the purchase-money, and possession will be given on completion of the purchase [of such part as is in hand] and the purchaser will be entitled to the rents and profits from the day of 18; but if from any cause the remainder of the purchase-money shall not be paid on the day of the purchaser shall pay interest for the same, (as well as for the amount at which the timber shall be valued) at the rate of £ per cent. per ann., from that day to the day of payment; but, nevertheless, this stipulation to be without prejudice to the vendor's right to insist on the performance of this last condition. v. The purchaser to take all timber, (b) and timberlike trees, tellers, and pollards, down to one shilling a stick, and that inclusive; also the coppice and underwood by valuation; such valuation to be made by two proper persons, (one to be appointed by the vendor, and the other by the purchaser) or their umpire, on or before the of 18 and the amount paid on completing the purchase of the estate. vi. The (c) auction duty of pence in the pound, to be equally borne by the vendor and the purchaser. VII. (d) The quantities in this particular, are believed to be accurately stated, but the vendor will not warrant the precise quantity, and the purchaser must take the same at the quantity stated, be it more or less; any other error or mis-statement, shall not, on any account, annul the sale, but a proportionate allowance be made either by the vendor or the purchaser, as the case may require, according to the average of the whole purchasemoney (on such error or mis-statement being proved) and the quantum of such allowance shall be ascertained by reference in the usual way. VIII. That all attested copies of deeds that shall be (a) As to this clause, see Pref. § 2. (b) As to the necessity of being accurate here, sec § 1. (c) See § 4. (d) As to the construction of this clause, see Pref. § 3, |