ASSIGN BENEFIT OF attorney. indemnity]: And the said A. B. doth hereby irrevocably make, nominate and appoint, and in his place and stead put the MENT FOR said C. D. and E. F., and the survivor of them, and the CREDITORS. executors or administrators of such survivor, their or his Power of assigns, to be the true and lawful attornies and attorney of the said A. B. to ask, demand, sue for, recover, and receive of and from all and every persons and person who are, is, or shall or may be liable to pay or deliver the same respectively, the said debts and sums of money and premises hereby assigned, or expressed and intended so to be, and on payment or delivery thereof, or of any part thereof respectively, to give and execute receipts, releases and other discharges for the same respectively, and on nonpayment or nondelivery thereof, or of any part thereof respectively, to commence, carry on and prosecute any action, suit or other proceeding whatsoever for recovering and compelling the payment and delivery thereof respectively, and also to compound or compromise, or submit to arbitration, the said debts, sums of money and premises, or any of them, or any part thereof respectively, and for that purpose to enter into, give, sign, do and execute such bonds of arbitration, releases, discharges, bankrupts' certificates, acts and deeds, as they the said C. D. and E. F., or the survivor of them, or the executors or administrators of such survivor, their or his assigns, shall think necessary and proper, and also to adjust and settle all such accounts, reckonings, transactions, matters and things whatsoever relative to the premises as to them or him the said C. D. and E. F., or the survivor of them, or the executors or administrators of such survivor, their or his assigns, shall seem meet, and for all or any of the purposes aforesaid to use the name of the said A. B., if they the said C. D. and E. F., or the survivor of them, or the executors or administrators of such survivor, their or his assigns, shall think necessary, and generally to do, execute and perform any act, deed, matter or thing relative to the premises as fully to all intents and purposes whatsoever as the said A. B. might or could do in his own proper person, in case these presents had not been made, and for all or any of the purposes aforesaid to appoint any substitute or substitutes with the like powers in all respects, and him or them to remove at discretion, and to ASSIGN MENT FOR BENEFIT OF Creditors release debtor from their respect ive debts. appoint another or others in his or their room, as often as occasion shall require, and whatsoever the said C. D. and CREDITORS. E. F., or the survivor of them, or the executors or administrators of such survivor, their or his assigns, or any such substitute or substitutes, shall do or cause to be done in or about the premises, the said A. B. doth hereby for himself, his heirs, executors and administrators, covenant with the said C. D. and E. F., their executors, administrators and assigns, to allow, ratify and confirm: AND THIS INDENTURE LASTLY WITNESSETH, that in consideration of the conveyance and assignment so made by the said A. B., by the said recited indenture as hereinbefore is mentioned and of the assignment hereby made by the said A. B. as aforesaid, and of the several trusts and provisions hereinbefore mentioned, expressed and contained, the said several and respective creditors who, by themselves or the persons respectively authorized by them, have sealed and delivered these presents, do hereby for themselves severally and respectively, and for their several and respective heirs, executors and administrators, and their several and respective partner and partners, and not one of them, for the acts and deeds of the others or other of them, or for the acts and deeds of the heirs, executors and administrators, partner or partners of the others or other of them, but each and every of them doth hereby for himself and for his own acts, heirs, executors and administrators only, and for the acts and deeds of his partner or partners only, covenant with the said A. B., his executors and administrators, that after these presents shall be discharged from the proviso hereinafter contained for making void the same, this present covenant shall operate and enure and may be pleaded in bar as a good and effectual release and discharge of all and all manner of actions, suits, bills, bonds, writings, obligatory debts, dues, duties, accounts, sum and sums of money, judgments, extents, executions, trespasses, trusts, claims and demands whatsoever, both at law and in equity, or otherwise howsoever, which they or any of them, or their or any of their heirs, executors or administrators now have or hath, or hereafter shall or may have, challenge, claim or demand against the said A. B., his heirs, executors or administrators, or his or their estates or effects or ASSIGN MENT FOR BENEFIT OF presents to bar. any of them, for or by means or on account of all and every or any of the debts to them or any of them respectively due and owing from the said A. B., or of any interest or commission creditors. due or demandable for the same, or of any other matter, cause or thing whatsoever in respect of the said debts: AND And these FURTHER, that if in the meantime and before these presents be pleaded in shall become void by virtue of the proviso hereinafter contained, or these presents shall be discharged from the said proviso, the said creditors or any of them, or their or any of their respective partner or partners, shall arrest or cause to be arrested, or shall commence or prosecute any action or actions, suit or suits, at law or in equity, against the said A. B., his heirs, executors or administrators (except for conformity), or make any attachment or sequestration of or upon him or them, or his or their estate or effects, for or on account of the whole or any part of the debt or debts now due and owing by the said A. B. to them or any of them, then and in every such case and immediately thereupon the debt or debts, for or in respect of which such arrest, action or actions, suit or suits, attachment or sequestration, shall have been so made, commenced or prosecuted, shall become absolutely forfeited, and this present covenant shall operate and enure and may be pleaded in bar as a good and effectual release and discharge of such debt or debts respectively: PROVIDED ALWAYS and it is hereby agreed These preand declared, that nothing herein contained shall extend or be deemed or construed to extend to prevent the said creditors, availing parties hereto, or any of them, or their or any of their partner of specific or partners, heirs, executors, administrators or assigns, from enforcing or otherwise obtaining the full benefit and advantage of any charge or lien which they or any of them now have or hath upon any estate or effects whatsoever, or from suing or prosecuting any other person or persons than the said A. B., his heirs, executors or administrators, who is, are or shall or may be liable or accountable to pay or make good to any of the said creditors all or any part of their said respective debts, either as indorsees or acceptors of any bill or bills of exchange or promissory note or notes, or as being bound in any bond or bonds, obligation or obligations, or other instrument or instruments, or as being liable or accountable for the payment of any sents not to prevent creditors from themselves liens. ASSIGN BENEFIT OF These presents to be void if not signed by six-sevenths such debt or debts, without having subscribed any bill, note, MENT FOR bond or other instrument whatever, or otherwise howsoever, as CREDITORS. if these presents had not been made: PROVIDED ALWAYS and it is hereby agreed and declared, that if six-sevenths in number and value of the ereditors of the said A. B., whose debts respectively amount to £10 and upwards, shall not by themselves or of creditors their respective attornies or agents thereunto legally authorized, duly execute these presents, or a duplicate hereof, on or before the day of — now next ensuing, then and in such case this present indenture, and every clause, matter or thing herein contained, and also the said hereinbefore recited indenture, and every clause, matter or thing therein respectively contained, (but subject and without prejudice to any sale or disposition which shall have been previously made of the messuages, hereditaments, and premises comprised in the same indenture or any of them, or any part or parts thereof, to any bonâ fide purchaser or purchasers thereof), shall cease, determine and be utterly void to all intents and purposes whatsoever, anything hereinbefore contained to the contrary thereof in anywise notwithstanding. IN WITNESS, &c. THE FIRST SCHEDULE REFERRED TO IN THE ABOVE-WRITTEN THE SECOND SCHEDULE REFERRED TO IN THE ABOVE-WRITTEN INDENTURE. 507 TRUSTEES, THEIR ESTATES, POWERS, AND DUTIES. on the duties of BEFORE entering on a class of instruments, the observations objects of which generally require the intervention powers and of trustees, it may be well to offer some observations trustees. as to their estates, powers, duties and responsibilities. tees. Trustees for sale must use every proper expe- sale by trusdient for obtaining the best price for the land, and they should generally have the estate previously valued. (Campbell v. Walker, 5 Ves. 680). If by the terms of the trust they are not limited to any particular mode of sale, they may sell either by public auction or private contract (Dart's Comp. 36); but it would be a dangerous experiment for trustees to sell by private contract at a sum below that at which the land had been previously valued. not affected omissions. It does not, however, by any means follow that Purchaser the purchaser would be affected by the trustees by trustees' selling the property at an inadequate price, or by their omitting to use the proper precautions in the conduct of the sale, if, as regards the purchaser |