Covenant for further assigning

countermand any power or authority hereby given to the said T. B. or otherwise obstruct or hinder the said T. B. his executors, administrators or assigns, or any or either of them, in recovering, receiving, collecting and getting in the same; but shall and will permit and suffer the said T. B. his executors, administrators or assigns, or any or either of them peaceably and quietly to recover and receive all and singular the said debts, sum and sums of money, to and for such use and benefit as aforesaid, hereby ratifying, confirming and allowing all and whatsoever the said T. B. his executors, administrators or assigns, or any or either of them, shall do or cause to be done by virtue of these presents. AND FURTHER, that the said E. H. her executors, administrators and assigns, at the cost and charges of the said trust estate so hereby asand assuring, &c. signed as aforesaid, shall and will from time to time and at all times hereafter make, do and execute, or cause or procure to be made, done and executed, all and every such further and other lawful acts, thing and things, conveyances, assignments and assurances in the law whatsoever, as well for the corroborating and strengthening of these presents, as also for the better and more effectually enabling the said T. B. his executors, administrators and assigns, to recover and receive all and singular the said hereby assigned debts and monies, and all and singular the premises hereinbefore assigned, and every part and parcel thereof, to and for the uses, trusts, intents and purposes hereinbefore mentioned, expressed or declared of and concerning the same, as shall be reasonably advised, devised or required. And the said E. H. her executors and administrators, shall and will from time to time and at all times hereafter, as often as there shall be occasion, upon request and notice to her and them by the said T. B. or the said I. D. or either of them, their or either of their executors, administrators or assigns, or any or either of them, render and give her utmost assistance in explaining or making up of the accounts, and in settling any disputes that shall at any time hereafter arise or happen touching or concerning any of the debts or sum or sums of money whatsoever in the said schedule hereunto annexed, mentioned to be due and owing to the said E. H. as executrix as aforesaid, and also in the proving, collecting and getting in the said debts, and in all other matters relative to the execution of the aforesaid trusts, according to the best of her power and ability. And the if any debts, &c. said E. B. for herself, her heirs, executors and adminisschedule, she will trators, and for every of them, doth hereby further coveassign same upon nant, promise and agree, to and with the said T. B. and also to and with the said I. D. their and each and every

And to assist in the collecting and getting in debts, &c.

Covenant, that

be omitted in

the trusts.

trustee may com

of their heirs, executors, administrators and assigns, by these presents, That in case all and every the debt and debts, sum and sums of money, or any other part of the estate or effects of the said S. H. now due and owing or belonging unto her the said E. H. as executrix as aforesaid, or unto the said estate of the said S. H. deceased, are not mentioned in the said schedule hereunto annexed, that then the said E. H.her executors and administrators, upon the request of the said I. D. and at the proper costs and charges of the said trust estate, shall and will from time to time and at all times hereafter transfer, assign and set over all and every such debt and debts, sum and sums of money, and other the estate and effects of her the said E. H. as executrix as aforesaid, as shall happen to be omitted and not mentioned in the said schedule, unto him the said T. B. his executors, administrators and assigns, to, for and upon such uses, trusts, ends, intents and purposes as are hereinbefore mentioned, expressed and declared of and concerning the said hereby assigned premises, and to and for no other use, trust, intent and purpose whatsoever. PROVIDED ALWAYS, and it is hereby declared and agreed upon, by and between all and every Proviso, that the said parties hereto, to be the true intent and meaning pound, &c. of them and of these presents, that the said T. B. his executors, administrators and assigns, shall and may, and they are hereby declared to be at liberty, by and with the consent and approbation of the said I. D. to make any composition or compositions with any of the debtor or debtors of the said trust estate, as well for any of the debts mentioned and contained in the said schedule hereunto annexed, or for any other of the debt or debts or Refer to arbitra other the estate or effects to be hereafter assigned by the tion, &c. said E. H. as executrix as aforesaid, in virtue of her covenant hereinbefore for that purpose contained, and to compromise, adjust, settle or refer to arbitration any dispute or disputes, suit or suits, which may be found necessary to be thought expedient to institute or defend against any person or persons touching or relating to the estate, effects or property of the said trust estate hereby assigned or hereafter to be assigned as aforesaid, as fully and effectually to all intents and purposes as she the said E. H. her executors or administrators, or any or either of them, might or could have done if these presents had not Covenant from been made. AND MOREOVER that the said E. H. widow and and H. H. their heirs, executors or administrators, for daughter conthe considerations aforesaid, shall and will on or before dead aforesaid. the day of -, which will be in the year of our well and truly pay or cause to be paid unto the said I. D. his executors, administrators and assigns,

Lord

cerning the divi

Covenant from creditor to ac

Release from creditor to executrix.

the said sum of £

-9

ac

together with lawful interest for the same, being the dividend hereinbefore agreed to be paid on the whole of the said principal debt of £cording to the said recited agreement and the true intent cept the said as- and meaning of these presents. And the said I. D. for signment, &c. himself, his executors and administrators, doth hereby accept and take the assignment hereinbefore made of the said trust premises to the said T. B. upon the trusts hereinbefore mentioned and expressed, and also the covenant hereinbefore contained for payment of the said sum of £- together with lawful interest for the same as aforesaid, in full satisfaction and discharge of the said sum of £ so as aforesaid due and owing from the said estate of the said S. H. and also from her the said E. H. as executrix of the said S. H. in respect thereof. And the said I. D. in pursuance and full performance of the said recited agreement, and for the considerations aforesaid, hath remised, released and for ever quit claimed unto the said E. H. her executors and administrators, and all other the representatives of the said S. H. all and every the said sum of £- now due and owing to him the said I. D. from her the said E. H. as executrix of the said S. H. or his estate, and also of and from all manner of action and actions, suit and suits, cause and causes of action and suit, both at law and in equity, or otherwise howsoever, which he the said I. D. ever had, or which he or his executors or administrators at any time hereafter can, shall or may have, claim, challenge or demand against the said E. H. as executrix of the said S. H. as aforesaid, by reason or on account of the said debt so now due to the said I. D. of, or by reason, or on account of any other matter, cause or thing whatsoever touching the same from the beginning of the world to the day of the Covenant to in date of these presents. And the said I. D. for himself, his executors, administrators and assigns, doth hereby covenant, promise and agree, to and with the said E. H. her executors, administrators and assigns, that he the said I. D. his executors, administrators and assigns, shall and will from time to time, and at all times hereafter, save, keep harmless and indemnified the said E. H. her executors and administrators, and every of them, her and their and every of their goods and chattels, lands and tenements, of, from and against all costs, charges, damages, and expenses whatsoever, which shall or may any way fall upon or be recovered against the said E. H. her executors or administrators, by means or occasion of any action or actions, suit or suits, that shall or may be brought by or prosecuted in the name of her the said E. H. her executors or administrators, for the recovery of

demnify execu

trix against fur

ther costs,

ministrators.

mises, and the

for indemnifica

any of the said hereby assigned debts and premises, by virtue of these presents, or of any power or authority hereby given unto the said T. B. his executors and ad- Proviso for trusPROVIDED LASTLY, and it is hereby tee to retain costs further agreed and declared by and between all the said out of trusts preparties to these presents, and the true intent and meaning usual covenant of them and of these presents, that it shall be lawful for tion. him the said T. B. his executors and administrators, to deduct and retain out of the said trust monies and premises so intended to be hereby vested in him and them as aforesaid, all such costs, charges, damages and expenses as he, they, or either of them shall necessarily and actually pay, expend, sustain or be put unto in the execution or management of the several trusts hereby in him and them reposed, and that the said T. B. his executors and administrators, or any of them, shall not be answerable or accountable for any more of the said trust monies than what shall be by him or them actually received or come to his or their hands by virtue of the trusts aforesaid, nor for any loss or damage which shall happen by placing the said trust monies in any bank or banker's hands of respectability and credit or elsewhere for safe custody, nor with or for any loss or damage which shall or may happen in or about the execution of the aforesaid trusts, without his or their respective wilful default; and that he the said T. B. his executors, administrators or assigns, shall only be accountable for his and their own acts, receipts and defaults respectively, any thing herein contained to the contrary thereof in any wise notwithstanding. WITNESS, &c.

IN

Assignment of two ships in the Southern Whale Fishery, with the produce of their fishings, and also two policies of insurance for securing the payment of a sum of money now due, and all such sums as may hereafter be advanced.

whereof
where-

THIS INDENTURE made the &c. between A. B. of &c. of the one part, and C. D. and E. F. of &c. trading under the firm of C. D. and Co. of the other part. WHEREAS the said A. B. is sole owner of two certain ships or vessels, the one called the G. H. is master, and the other called the of I. K. is master, both now on the Southern Whale Fishery, and intended to return from thence with the produce of their fishings to Great Britain. AND WHEREAS by a certain instrument in writing, or policy of insurance underwritten and subscribed at London, in the months of last past, an insurance was effected in the name of the said A. B. on the said ship

and

9

her whaling stores, guns, &c.

or vessel called the valued at £- at and from London to Madeira and the Southern Fishery, with liberty to fish and stay at all ports and places whatsoever, as well on this side as on the other side of both the Cape of Good Hope, and Cape Horn, with liberty to cruize for the space of six succèssive weeks, and to return to any port or ports with any prize or prizes she may take, and until her arrival at her port of discharge in Great Britain, with leave to call at any one port for orders; to the amount of and for the sum of £ AND by a certain other writing or policy of insurance made in the name of N. O. as agent to the said A. B. and subscribed and underwritten at London in the month of last past, the sum of £was effected on the said ship or vessel called the her whaling stores, guns, &c. at and from London to Madeira and the Southern Fishery, with liberty to fish and stay at all ports and places wheresoever, as well on this side as on the other side of both the Cape of Good Hope and Cape Horn, and until her arrival at her port of discharge in Great Britain, with leave to call at any one Two ships in the port for orders. AND WHEREAS the said A. B. stands indebted unto the said C. D. and E. F. trading under the firm of C. D. and Co. upon an account current subsisting between them in a large sum of money, and they the said C. D. and Co. are likely to become further in advance for him the said A. B. by effecting insurances on the said ships or vessels called the

whale fishery.

and

, and the produce of their fishings, and entering into further engagements and making further payments on his account: And the said A. B. as a security to the said C. D. and Co. for the balance now due and owing to them upon their said account current, and to induce them to make further payments and advances to him the said A. B. and on his account, hath proposed and agreed to assign to them the said two ships or vessels with their appurtenances, and the said two policies effected thereon, and the produce of their fishings, as a security for the same, and interest as hereinafter more particularly is mentioned. NOW THIS INDENTURE WITNESSETH, That in pursuance of the said proposal and agreement so made by the said A. B. to and with the said C. D. and E. F. and in consideration of the several sums of money advanced and to be advanced by them to and on account of the said A. B. HE the said A. B. HATH bargained, sold, assigned, transferred and set over, and by these presents DOTH bargain, sell, assign, transfer and set over, unto the said C. D. and E. F. their executors, administrators and assigns, ALL that the said