Michael Hill v Henry Rimell and William Orlebar

Hanover Square, London - 1836

Dated 17th October 1836

G

Mr Michael Hill

to

Mr Hen Rimell

Draft

Assignment of effects
In trust for Creditors
As within mentioned

11th November 1836 Delv'd the Origl.
Deed to Mr Rimell who
handed it to Mr Harris

Orlebar
George Skeet
Hanover Square

In Chancery
Between Michael Hill Plaintiff
and
Henry Rimell and William
Orlebar --- Defendants

This is the paper marked G
referred to in the affedavit of
Richard Brown William
Orlebar in this Cause Sworn
this 7 day of November 1837

This is the paper marked G
referred to in the Affedavit of Henry
George Robinson in this Cause
Sworn 8th day of November 1837

In Chancery
Between Michael Hill Plaintiff
and
Henry Rimell and William
Orlebar --- Defendants
This is the paper marked G referred
to in the Affidavit of Henry George
Robinson and Richard Gowl and in
this Cause Sworn this 6th day of November
1837

In Chancery
Between Michael Hill Plaintiff
and
Henry Rimell
and William Orlebar
Defendants
This is the paper marked
G referred to in the
answer of William Orlebar
in his Answer Sworn
this first day of November
1837

In Chancery
Between Michael Hill
Plaintiff
and
Henry Rimell and
William Orlebar Defendants
This is the paper marked G
referred to in the Affedavit of
Mr William OrlebarJames Bowditete in this
Cause Sworn this Sixth day
of November 1837

This Indenture made the 17th day of October 1836 Between Michael Hill of Grosvenor Mews in the parish of St George Hanover Square in the County of Middlesex Hackneyman of the one part & Henry Rimell of New Bond Street in the said parish of St George Hanover Square Hackneyman and Job Master a Trustee for the purposes hereinafter mentioned of the other part and the said Henry Rimell and the several other persons creditors of the said Mr Hill parties of these presents of the 3rd part.  Whereas the said Michael Hill is posessed of & well & sufficiently entitled to the Stock in Trade Household Furniture and Other Goods and Effects hereinafter mentioned and set forth

And whereas the said Mr Hill is justly and truly indebted to the said Henry Rimell & the several other persons parties trusts of the 3rd part in the several sums of money set opposite to their respective names hereinunder written and in the sum of £87 - 5 - 0 he the said Henry Rimell having paid or satisfied all the several persons to whom the said M Hill owed money and was indebted to the said M Hill not being able to pay the same had applied to and requested the said Henry Rimell and the several other persons creditors of the said Mr Hill parties of these presents of the 3rd part. to accept the assignment as security hereby intended for securing of the same and which the said Henry Rimell and the several other persons parties hereto of the 3rd part. has agreed to accept. And whereas also for the purpose of more effectually receiving 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 counselling judgement against him the said M Hill in his May Court of Kings Bench in the penal sum of £     with a ........ then 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 £87 - 5 - 0 so due and owing by the said M Hill to the said Henry Rimell and the said several persons parties hereto of the 3rd part by the said M Hill. He the said Michael Hill hath bargained sold assigned transferred set over and by these presents Doth bargain sell assign transfer and set over unto the said Henry Rimell his heirs admons and assigns All and singular those 7 Horses, 2 Fly Coaches, 1 Lantern Coach, 1 Cabriolet, 4 sets of double Harness, 4 sets of single Harness, 12 head stall Collars, 6 pails, 6 flasks, 2 shovels, 2 corn bins, 6 House cloths, 6 Rollers, 3 setters, 1 saddle, 10 collars - ladders, 2 pairs of wheels, 3 sets sprung braces, 3 pair of traces and sundry reins, 2 sacks - 3 Feather Beds and bedding, 3 Bedsteads, 3 Tables, 7 Chairs - Chest of drawers - Kitchen utensils including pails, Washing Tubs, Candlesticks and all other articles of general domestic use - 4 Trunks with wearing Apparel and 1 clock and all other the Articles Goods and things in and about the residence and premises of now belonging to the said M Hill where he now resides and carries on his business of a Hackney Man

To have & to hold the same unto the said Henry Rimell his heirs Executors Advisors and Assigns as his and their now Goods Chattels effects and things absolutely and for ever but subject nevertheless for the intents and purposes following that is to say Upon trust to permit and suffer the said M Hill to use the said household furniture and also to permit & suffer the said Horses harness & 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 shall or may think fit without account or control on or absolutely sell and dispose of the same respectively when and as he shall think fit either by public sale or private contract as he or they shall think fit 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 and also and incedent thereto and in the next place to retain to and pay to himself and themselves the said sum of £87 - 5 - 0 and Interest at the rate of £5 - 0 - 0 per cent per annum from the accounts of the .... of these presents to and also set such other sum or sums of money that the aforesaid Rimell shall or may lend to the said Ml. Hill or pay lay out expend for or on his account or in the Execution of the purposes hereby intended

And the said Michael Hill doth herby ... himself his heirs Executors & admons covenant promise and agree to and with the said Henry Rimell his Executors advisors and assigns in manner following that is to say that he the said Michael Hill his heirs Executors or admons shall and will pay to the said Henry Rimell his Executors advisors and assigns the aforesaid sum of £     without any deduction whatsoever and according to the true intent and meaning of these presents and also shall and will at all times hereafter decreeing the continuance of this 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 Harnesses 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 admons and assigns whether personally present or not with all necessary asstance to enter into and upon any Coach House Stables and other premises where the said Horses Harnesses Carriages and Household Goods or any or either of them shall be or may have been secured 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 advisors 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 admons and assigns shall seem reasonable without any further authority assent or consent whatsoever of from or by him the said M Hill his Executors and admons as though the same had never been his property

And it is hereby agreed and declared that the said Henry Rimell his Executors advisors and assigns shall stand and be posessed of the monies to arise by any such sale or sales Upon trust in the 1st 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 trusts hereby created 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 several debt or sum and Interest as aforesaid of £87 - 5 - 0 and all such other sum and sums of Money that he the said Henry Rimell shall or may lend to the said M Hill or have paid or paid 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 payment of the said debts or sums of money or in the performance of all or any of the particular 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 advisors or assigns.

And the said M Hill doth herebty for himself his Executors and advisors covenant and agree to and with the said Henry Rimell his Executors advisors and assigns that he the said Michael Hill now hath in himself good right and absolute authority to assign and assure the said Horses Harnesses Carriages and Household Goods effects and things that he the said Henry Rimell his Executors advisors and assigns to and from the purposes herebefore declared of and concerning the same and shall and will for ever covenant and Defend the same

And lastly that the said Michael Hill his Executors and advisors shall and will from time to time and at all times hereafter at the request of the said Henry Rimell his Executors or advisors make do and execute all and every such further and other reasonable act and acts thing and things assignments and assurances for the further better and more perfectly and absolutely assigning and assuring the said Horses Harnesses Carriages Household Goods Effects and things hereby bargained and sold or expensed and entitled so to be with their and each of their effects unto the said Henry Rimell his Executors advisors and assigns to for and upon the intents and purposes herewith declared as he the said Henry Rimell his Execors or admons on his or their counsel learned in the Law may reasonably advise devise or require.

Provided always it is hereby declared to be the true intent and meaning of the aforesaid trusts that if he the said John Michael Hill his Executors and admons should at any time hereafter before any sale or sales of the aforesaid Horses Harnesses Carriages and Household Goods shasll 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 admons or assigns shall be at or be put unto in preparing of these Presents incedent thereto and of the sale or sales and incident theretodeclared the said Debt or Sum of £87 - 5 - 0 and Interest and all other sum and sums of money which the said Henry Rimell his Executors advisors or assigns shall have laid out paid expended or become subject or liable to on account of these Presents and incedant thereto that then the aforesaid Horses Harnesses Carriages and Household Goods and Effects or such of them as shall not have been sold shall be delivered up to the said M Hill his Executiors advisors 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 £200 in the whole and including the principal sum of £87 - 5 - 0 hereby intended to be received as aforesaid. In witness.

Signed sealed and delivered and possession of the said Horses Carriages Goods Chattels and effects above being sold assigned and given by the said Miachael 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......... signed Michael Hill

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

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