Michael Hill v Henry Rimell and William Orlebar

Hanover Square, London - 1836

Dated 17th October 1836

 

Mr Michael Hill

to

Mr Henry Rimell

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Assignment of effects
In trust for Creditors, as
within mentioned
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This Indenture made the seventeenth day of October one thousand eight hundred and thirty six Between Michael Hill of Grosvenor Mews in the Parish of St George Hanover Square in the County of Middlesex Hackneyman of the one part and Henry Rimell of New Bond Street in the said parish of St George Hanover Square Hackneyman and Job Master of the other part . Whereas the said Michael Hill is posessed of and well and sufficiently entitled to the Stock in Trade Household Furniture and Other Goods and Effects hereinafter mentioned and set forth

And whereas the said Michael Hill is justly and truly indebted to the said Henry Rimell in the sum of Eighty seven pounds five shillings he the said Henry Rimell having paid or satisfied all the several persons Creditors to whom the said Michael Hill owed money or was indebted to and he the said Michael Hill not being able to pay the same had applied to and requested the said Henry Rimell to accept the Assignment and Security hereby intended for securing of the same and which the said Henry Rimell has agreed to accept. And whereas also for the purpose of more effectually securing the payment hereinafter mentioned of the said debt or sum of money so due by the said Michael Hill to the said Henry Rimell the said M Hill hath also agreed to give and execute unto the said Henry Rimell a Warrant of Attorney intended to bear even date herewith for confessing Judgement against him the said Michael Hill in his Majestys Court of Kings Bench in the penal sum of          with a defearance thereon endorsed for payment of the sum of          and conditioned as therein mentioned.

Now this Indenture witnesseth that in consideration for the said Agreement and for and in consideration of the said debt or sum of Eighty seven pounds five shillings so due and owing by the said Michael Hill to the said Henry Rimell He the said Michael Hill Hath bargained sold assigned transferred and set over and by these Presents Doth bargain sell assign transfer and set over unto the said Henry Rimell his executors administrators and assigns All and singular those seven Horses, two Fly Coaches, one Landau Coach, one Cabriolet, four sets of double Harness, four sets of single Harness, twelve Head Stall Collars, six pails, six flasks, two shovels, two Corn Binns, six Horse Cloths, six Rollers, three Setters, one Saddle, ten collars - Ladders, three pair of Wheels, three sets of Spring braces, three pair of Traces and sundry Reins, two sacks, three 3 Feather Beds and Bedding, three Bedsteads, three Tables, seven Chairs , Chest of Drawers, Kitchen Utensils including Pails, Washing Tubs, Candlesticks and all other Articles of general domestic use, four Trunks with Wearing Apparel and one Clock and all other the Articles Goods and Things in and about the residence and premises of the said Michael Hill where he now resides and carries on his business of a Hackney Man

To Have and To Hold the same unto the said Henry Rimell his heirs executors administrators and assigns as his and their own Goods Chattels Effects and things absolutely and for ever but subject nevertheless and for the intents and purposes following that is to say Upon trust to permit and suffer the said Michael Hill to use the said Household furniture and also to permit and suffer the said horses harness and Carriages to be let out had and used for hire for so long a period only and in such manner as the said Henry Rimell his executors administrators or assigns shall or may think fit without account or control or to absolutely sell and dispose of the same respectively when and as he shall think fit either by public sale or private contract and for such price or prices as he or they shall think proper and therebyand thereout in the first place to pay the Costs charges and expenses of preparing these Presents and incident thereto and in the next place to pay all Costs charges and expenses which he the said Henry Rimell shall or may incur sustain or be liable to in and about the said sale or sales and also and incedent thereto. And in the next place to retain to and pay to himself and themselves the said sum of Eighty seven pounds five shillings and Interest at and after the rate of five pounds per cent per annum from the day of the date of these Presents And also All such other sum or sums of money that the said Henry Rimell shall or may lend to the said Michael Hill or pay lay out and expend for or on his account or in the execution of the purposes hereby intended

And the said Michael Hill doth herby for himself his heirs executors and administrators Covenant promise and agree to and with the said Henry Rimell his executors administrators and assigns in manner following that is to say That he the said Michael Hill his heirs executors or administrators shall and will at all times hereafter during the continuance of the security pay the rent taxes and impositions of every nature in respect of the said Coach house, Stables and other premises within or upon which the said Horses Harness Carriages and Household Goods shall or may respectively be standing or placed And that it shall and may be lawful to and for the said Henry Rimell his Executors administrators and assigns whether personally present or not with all necessary assistance to enter into and upon any Coach House Stables and other premises where the said Horses harness Carriages and Household Goods or any or either of them shall be or may have been removed to and either there or at any other place or places to remain continue and be and either there or elsewhere to sell and absolutely dispose of the same or any part or parts thereof hereby assigned and every of them altogether or in one lot or in various lots or parcels by public Auction or private Contract for such price or prices as to the said Henry Rimell his executors administrators or assigns shall seem proper with liberty to buy in the same or any part thereof at any Auction and to rescind any Contract for sale either by public Auction or private Contract and afterwards to resell the same or any part thereof so bought in or comprised in any such Contract without being liable for any difference in price or other loss and for the purposes aforesaid on any of them to enter into and execute and do all such contracts and things as to the said Henry Rimell his executors administrators or assigns shall seem reasonable without any further authority assent or consent whatsoever of from or by him the said Michael Hill his executors and administrators as though the same had never been his property

And it is hereby agreed and declared that the said Henry Rimell his executors administrators and assigns shall stand and be posessed of the monies to arise by any such sale or sales in the first place to retain and reimburse himself or themselves all costs charges and expenses which he or they shall or may have sustained in or about the preparing these Presents and incededant thereto on in or about the aforesaid sale or sales or otherwise in the execution of the purposes aforesaid and hereby intended or any of them and do and shall in the next place pay and retain to himself and themselves the said debt or sum of Eighty seven pounds five shillings and interest as aforesaid and all such other sum and sums of money that he the said Henry Rimell shall or may lend to the said Michael Hill or have paid laid out and expended for or on his account or in the execution of the purposes hereby intended with interest as aforesaid and all Costs charges and expenses which shall be incurred or sustained by him or them in and about the performance of all or any of the purposes or matters herein contained And do and shall pay the residue of the said monies (if any) remaining after answering the purposes aforesaid unto the said Michael Hill his executors administrators or assigns.

And the said Michael Hill doth hereby for himself his executors and administrators Covenant and agree to and with the said Henry Rimell his executors administrators and assigns that he the said Michael Hill now hath in himself good right and absolute authority to assign and assure the said horses harness carriages and household Goods Effects and things unto the said Henry Rimell his executors administrators and assigns to and from the purposes hereinbefore declared of and concerning the same and shall and will for ever warrant defend the same

Provided always and it is hereby declared to be the true intent and meaning of the said parties hereto that if he the said Michael Hill his executors or administrators shall or may at any time hereafter before any sale or sales of the aforesaid Horses Harness Carriages and Household Goods shall have been made or taken place pay and discharge or cause to be paid and discharged all Costs charges and expenses which he the said Henry Rimell his executors administrators or assigns shall be at or be put unto in preparing of these Presents and incedent thereto and of the said sale or sales and incident thereto and the said debt or sum of Eighty seven pounds five shillings and Interest and all other sum and sums of money which he the said Henry Rimell his executors administrators or assigns shall have lent and paid out expended or become subject or liable to on account of these Presents and incedent thereto that then the aforesaid Horses Harness Carriages and Household Goods and Effects or such of them as shall not have been sold shall be delivered up to the said Michael Hill his executors administrators or assigns and that nothing herein contained shall be construed to be a security for and in respect of the monies to be advanced for any purpose whatsoever beyond or exceeding the principal sum of two hundred pounds in the whole and including the said principal sum of Eighty seven pounds five shillings hereby intended to be secured as aforesaid.

And lastly that he the said Michael Hill his executors and administrators shall and will from time to time and at all times hereafter at the request of the said Henry Rimell his executors or administrators make do and execute all and every such further and other reasonable act and acts thing and things assignments and assurances in the law whatsoever for the further better and more perfectly and absolutely assigning and assuring the said horses harness carriages household Goods Effects and things hereby bargained and sold or expressed and intended so to be with their and every of their appurtanances unto the said Henry Rimell his executors administrators and assigns to for and upon the intents and purposes hereinbefore declared as he the said Henry Rimell his executors or administrators or his or their Counsel learned in the Law may reasonably advise devise or require.

In witness whereof the said parties to these Presents have hereunto set their hands and seals the day and year first above written

Signed sealed and delivered and possession of the said horses carriages Goods Chattels and effects above bargained sold assigned and given by the said Michael Hill to the said Henry Rimell by the said Michael Hill delivering to the said Henry Rimell One Chair in the name of the whole in the presence of W Orlebar, George Street, Hanover Square
Michael Hill

Transcribed from document bundle ref: J 90/298 at the National Archive by Peter Rimell - May 2006

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