indre]: TO HAVE AND TO HOLD the sd respive premes UNTO AND TO THE USE of the sd C. and D., their hrs, exs, ads, and assigns resply, according to the nature of the ppty, and to the intent that the same premes resply may be vested in them alone, in joint tenancy, upon the trusts of the sd indre of settlemt.] assurance. 4. Ir is hby agreed and decld that every further assur- Further ance, transfer, and thing necessary for vesting any of the ppty [mentd in the sd schedule hto, or any other ppty] comprd in or subjt to the trusts of the sd indre of settlemt in the sd C. and D. alone, their hrs, exs and ads resply, shall be executed and done forthwith (f). incum 5. If the vesting is effected by declaration, add covenant by Covenant B. with C. and D. against incumbrances of "the trust este against and ppty subjt to the trusts of the sd indre of settlemt." brances. See p. 108. IN WITNESS, &c. (g) XII. APPOINTMENT (endorsed) of a NEW TRUSTEE in place PARTIES, A. and B., present trustees, 1; C., new trustee, 2; (f) This clause operates as a covenant by B. (g) Any proper notices of the deed with respect to any choses in action should be given; see the previous precedents. a) See the next Precedent. The machinery of two deeds is here em Recitals. Trusts unexecuted. Desire of trustee to retire, &c. Appoint trustee. written indre have not yet been fully executed: AND WHAS the sd A. is desirous of retiring from the trusts of the sd indre, and he and the sd B. have determined to appoint the sd C. to be a tree thof in the place of the sd A. NOW THIS INDRE WITNETH, &c., appointment by A. and B. ment. of C., to be a trustee in the place of A., p. 105. AND THIS Conveyance INDRE FURTHER WITNETH that, for further effectuand assignment to ating the sd appointmt and in psuance of the directions in provisional the within written indre contd, and in conson of the premes, the sd A. and B. do, and each of them doth hby grant, convey, and assign unto the sd D., his hrs, exs, ads, and assigns resply (according to the nature and quality of the ppty), ALL AND SINGULAR the ppty, este, and effects whatsoever, whether real or personal, or moveable or immoveable, in possion, reversion, remr, or expectancy, or in action, and whether in England or abroad, which are now under or by virtue of the within written indre or otherwise howsoever vested in the sd A. and B., or either of them, for any este or interest whatsoever, and whether at law or in equity, upon the trusts of the same indre, with the rights, easemts, and appurtenances to the sd premes belonging (save and except any mtge debts so vested, and the secs for the same, which are intended to be transferred to the sd B. and C. by Power of separate deeds (b)), AND ALL the este, &c., TOGR WITH full attorney to power and authority to the sd D., his hrs, exs, ads, and of retiring assigns, and the trees and tree from time to time of the within written indre, to use the name or names of the sd A., his hrs, exs, or ads, and to exercise and enforce all lawful or available powers and remedies for the ppose of demanding, suing for, recovering, receiving, and obtaining possion of and giving effectual discharges for the sd respive premes use name trustee. ployed, as it might be doubtful whether, as to the property abroad, the continuing trustee could convey and assign to himself. For the same reason the appointment is assumed to be made under a power in the instrument as the statutory power would not apply; and the other recent legislation cannot be made use of. (b) See above, p. 114, note. comprd in the conveyance or assignmt expd to be hby made, and every or any pt thof, and to execute and do all such instrumts, acts, and things, whether before a notary public or other public officer or otherwise, as may be necessary or proper for perfecting and completing these presents, or effectually vesting the sd respive premes hby conveyed and assigned in the sd D., his hrs, exs, ads, or assigns, or other the trees or tree from time to time of the sd indre, and for any such ppose as afsd, to appoint a substitute or substitutes at pleasure, To HAVE, HOLD, AND RECEIVE the sd real and Habendum to provipersonal este and premes hby conveyed and assigned resply sional UNTO AND TO THE USE of the sd D., his hrs, exs, ads, and trustee. assigns resply, UPON TRUST and to the intent that the sd D., Upon trust his hrs, exs, or ads resply, shall forthwith by another indre to reconvey already prepared and engrossed and endorsed on the within assign. written indre, and intd to bear even date with and to be executed immediately after these presents and expd to be made between the sd D. of the one pt, and the sd B. and C. of the other pt, convey and assign the sd premes hby conveyed and assigned unto and to the use of the sd B. and C., their hrs, exs, ads, and assigns resply, to be held by them upon and for the trusts and pposes applicable to the same premes resply, under or by virtue of the within written indre. Covenant by A. and B. with D. against incumbrances, p. 108. IN WITNESS, &c. (c) (e) Any proper notices as to choses in action, &c., comprised in the deed should be given. and re Reconveyance and reassignment. XIII. RECONVEYANCE and Reassignment by the PROVI SIONAL TRUSTEE in the last Precedent (also endorsed on the Trust Deed). PARTIES, D., provisional trustee, 1; B. and C., continuing and new trustees, 2. WITNETH that in psuance and exe cution of the trust or direction in that behalf in the above written indre contd, the sd D. doth hby grant, convey, and assign, unto the sd B. and C., their hrs, exs, ads, and assigns resply, according to the nature and quality of the ppty, ALL AND SINGULAR the ppty, &c., as in last Precedent, conveyed and assigned to the sd D., his hrs, exs, ads, and assigns, by the above written indre, with the appurtenances Habendum thof, AND ALL the este, &c., TO HAVE, HOLD, AND RECEIVE to trustees. the sd real and personal este and premes hby conveyed and assigned resply UNTO AND TO THE USE of the sd B. and C., APPRENTICESHIP. I. INDENTURE of APPRENTICESHIP (a). THIS INDRE made, &c., BETWEEN A., of, &c., master, Parties. of the first pt; B., apprentice, son of C., of, &c., of the second pt; and the sd C., of the third pt, WITNETH, Covenant that in conson of the sum of £ now paid by the sd C. by master to the sd A., the rect whof is hby acknowledged, and in conson also of the service of the sd B. to be done or performed to or for the sd A., and of the covenants and agreemts hinafter entered into by the sd C. and B., he, the sd A., at the request of the sd C., and with the consent of the sd B., testified by his executing these presents, doth hby covenant and agree with the sd C., and also with the sd B. in mner following, that is to say, that he, the sd A., will take and receive the sd B. as his apprentice from the day of to receive the date of these presents for the term of years, and apprentice, also will, during the sd term, to the best of his power, know (a) As to the law as to apprentices, see Simpson on Infants, p. 91 et seq.; Statutory as to the bankruptcy of master, see the Bankruptcy Act, 1869, s. 33. As to provisions. binding of pauper apprentices, see 18 Geo. 3, c. 47; 56 Geo. 3, c. 139; 3 & 4 Will. 4, c. 63; 7 & 8 Vic., c. 101, s. 12; as to assignment of pauper apprentices, see 32 Geo. 3, c. 57, s. 7; 56 Gco. 3, c. 139, ss. 9, 10; as to the death, insolvency, or bankruptcy of master, see 32 Geo. 3, c. 57, ss. 1-5, 8, 9 ; as to his changing his place of business, see 56 Geo. 3, c. 139, s. 8. As to stamps see the Stamp Act, 1870, Schedule tit. APPRENTICESHIP Stamps. and GENERAL EXEMPTIONS FROM ALL STAMP DUTIES, and The Merchant Shipping Act, 1854, 17 & 18 Vic., c. 104, s. 143. |