Michael Hill v Henry Rimell and William Orlebar
Hanover Square, London - 1836
Dated 17th October 1836
R
Mr Michael Hill
to
Mr Henry Rimell
Draft
Agreement of effects in past for Creditors as within mentioned
11th November 1836 Delivered the Original Deed to Mr Rimell who handed it to Mr Harris
In Chancery
Between Michael Hill Plaintiff
and
Henry Rimell and William Orlebar Defendants
This is the paper writing marked R 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 R referred to in the affidavit of William Orlebar in the this cause sworn this 7th day of November 1837
The words in this copy marked "R" underscored with one red ink line (shown here in red) are in the Draft marked "G" in the handwriting of the defendant Wm. Orlebar - And the words underscored with two red ink lines (shown here in blue) are in the handwriting of William Brown - And the words erased with black ink and all the black ink writing not scored under with red ink is the writing of James Bowditch named in the pleadings of this case in Chancery of Michael Hill against
Henry Rimell
and
William Orlebar
This Indenture made on the 17th day of October 1836 Between Michael Hill of Grosvenor Mews in the parish of Saint George Hanover Square in the County of Middlesex Hackneyman of the first one part & Henry Rimell of New Bond Street in the said parish of St George Hanover Square Hackneyman & Job master (a Trustee for the purposes hereinafter mentioned) of the other 2nd part and the said Henry Rimell & the several other persons, creditors of the said M. Hill, parties to those present of the 3rd part. Whereas the said Michael Hill is possessed of & well & sufficiently entitled to the Stock in Trade, Household furniture and Goods and effects hereinafter mentioned & set forth and whereas the said M. Hill is justly & truly indebted to the said Henry Rimell & the several other persons parties hereto of the 3rd part in the several sums of money set opposite to their respective names hereunder written and in the sum of £87.5.0 he the said Henry Rimell having paid or satisfied all the several persons creditors to whom the said M. Hill owed money or was indebted to & he the said M. Hill not being able to pay the same hath applied to & requested the said Henry Rimell & the said several other persons parties hereto of the 3rd part to accept the assignment & security hereby intended for securing of the same & which the said Henry Rimell & the several other persons parties hereto of the 3rd part have had agreed to accept and whereasalso for the purpose of more effectually securing the payment …….. of the said severaldebt or sums of money so due that by the said Michael Hill shall & will to the said Henry Rimell creditors and parties of the 3rd part the said M. Hill hath also agreed to give & execute unto the said Henry Rimell as each hereto applies a Warrant of Attorney intended to bear even date herewith for confessing Judgement against 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 £ being the aggregate account of their joint claims against the said M Hill and conditioned as therein mentioned.
Now this indenture witnesseth that for the conditions aforesaid and in …… of the said agreement and for and in ….. of the said several debts or sum of £87-5-0 and sums of money so due and owing by the said M Hill to the said Henry Rimell & the 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 up transfer & set over unto the said Henry Rimell his Executors & Assigns All and Singular those 7 Horses, 2 Fly Coaches, 1 Laudan Coach, 1 Cabriolet, 4 sets of double harness, 4 sets of single harness, 12 Head Stall Collars, 6 Pails, 6 Forks, 2 Shovels, 2 cow ….., 2 Horse Cloths, 6 Rollers, 3 Settees, 1 Saddle, 10 Collars, Ladders, 3 pair of Wheels, 3 sets of Spring Braces, 3 pair of braces & Sunday reins, 2 Sacks, 3 Feather Beds & Bedding, 3 Bedsteads, 3 Tables, 7 Chairs, Chest of Drawers, Kitchen Utensils including Pails, Washing Tubs, Candlesticks a variety of & all other articles of general domestic uses, 4 Trunks with wearing apparel & 1 clock & all other the articles Goods & things in & about the residence & place of or belonging to the aforementioned Mr Hill his heirs or executors where he now resides & carries on his business of a Hackneyman.
To have & to hold the same unto the aforementioned Henry Rimell his Executors & assigns as his & their own Goods, Chattels, Effects & Things absolutely & for ever but subject nevertheless & upon for the several trusts intents & purposes following that is to say
Upon trust to permit & suffer the said M Hill to use the aforementioned Household furniture & also to permit & suffer the aforementioned Horses harness & carriages to be let out had & used for hire for so long a period only & in such manner as the said Henry Rimell his Executors advisors or assigns shall or may think fit without account or control or to absolutely sell or dispose of the same respectively when & 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 thereby & thereout in the first place to pay the costs charges & expenses of preparing these presents & incident thereto & in the next place to pay to the said Henry Rimell the aforementioned sum of £ and set for at and after the sale of £5 per cent per annum from the day of the sale thereof & all other the creditors of the aforementioned Michael Hill …… and all costs charges and expenses which he the aforementioned Henry Rimell in the ……. according to the several claims set opposite their respective names & seals shall or may sustain or be liable to in and hereto of the 3rd part ……………… & proportionally about the said sale or sales and incident thereto and in the next place to retain to & pay to himself and themselves the said Henry Rimell his Executors & assigns the said sum of £87.5. & interest at & after the rate of £5 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 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 proposal hereby intended.
And the said Michael Hill doth hereby for himself his heirs Executors & advisors Covenant promise & agree to & with the said Henry Rimell his Executors advisors & assigns in manner following that is to say that he the said Michael Hill his heirs Executors or advisors shall & will pay to the said Henry Rimell his Executors advisors & assigns the aforementioned sum of £ without any deduction whatsoever & according to the true intent & meaning of the …….. and also shall and will at all times hereafter during the continuance of this security pay the rent taxes and impositions of every nature in respect of the aforementioned coachhouse 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 if 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 harnesses carriages and Household Goods or any or either of them shall be or may have been reserved 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 attempt 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 or any of them to enter into execute and do all such contracts and things as to the said Henry Rimell his Executors advisors or assigns shall seem reasonable without any further authority aforesaid or consent whatsoever of from or by him the said M Hill his Executors and advisors as though the same had never been his property.
And it is hereby agreed and decided that the said Henry Rimell his Executors administrators and assigns shall stand and be possessed of the monies to arise by any such Sale or Sales in the 1st place and retain and reimburse himself and themselves all costs charges and expenses which he or they shall or may have sustained in or about the preparing these presents and incident thereto or in or about the aforesaid Sale or Sales or otherwise in the execution of the parts hereby executed transactions 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 debts or sums of Moneys properly and proportionally according to their …….. set opposite to the respective names of the said several Creditors …… of the 3rd part £87-50 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 M 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 payment of the said debts or sums of money or in the performance of all or any of the purposes or matters intended of the covenant and agreements on the part of the said Michael Hill herebefore 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 Admons or assigns
And the said M Hill doth hereby for himself his Executors and admons covenant and agree to and with the said Henry Rimell his Executors, Admons and assigns that he the said Michael Hill now hath in himself good right and absolute authority to assign and …… the said Horses harnesses and Household Goods carriages effects and things unto the said Henry Rimell his Executors admons and assigns to and for and upon the oaths purposes herebefore declared and shall and will forever warrant and ………. of and concerning the same.
And lastly that he the said Michael Hill his Executors and admons shall and will from time to time and at all times hereafter at the request of the said Henry Rimell his Executors or admons make do and execute all and every such further and other reasonable act and acts thing and things assignments and advances in the law whatsoever for the further better and more perfectly and absolutely assign and assigning the said Horses harnesses carriages Household Goods effects and things hereby bargained and sold or expressed and intended so to be with their and each of their appurtenances unto the said Henry Rimell his Executors admons and assigns aforesaid and upon the trust purposes intents and purposes himself declared as he the said Henry Rimell his Executors or admons or his or their Counsel learned in the Law may reasonably advise - devise or require.
In witness whereof In witness Provided always it is hereby declared to be the true recital and meaning of the 8 ………. That if he the said Michael Hill his Executors admons shall or may at any time hereafter before any sale or sales of the aforementioned Horses Harnesses and Household Goods shall have been made or taken place pay and discharge or cause be paid and discharged the sum of £87-5 and Interest paid and discharged all costs charges and expenses which he the said Henry Rimell his Executors advisors or assigns shall be or be put unto in execution preparing of these presents and incident thereto and of the said sale or sales of these presents enforcing the payment of the amount and incident thereto and the said debt or sum of £87-5 and Interest and all other Sum or Sums of money which he the said Henry Rimell his Executors advisors or assigns shall or may lend to the said Michael Hill or that he the said Henry Rimell his Executors advisors or assigns and have lent and paid out or expended or become subject or liable to on account of these Presents 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 M Hill his executors 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 over and above including the said principal sum of £87-5 hereby intended to be secured as aforesaid. In witness whereof.
Signed Sealed & delivered and possession of the said
W Orlebar, Hanover Square Signed Michael Hill Transcribed from document ref: J 90/298 at the National Archive by Peter Rimell - May 2006Goods & Chattels Horses & Carriages Goods Chattels and effects bargained sold and assigned given by the said M Hill to the said Henry Rimell by the said M Hill delivering to the said Henry Rimell one chair in the name of the whole in the presence of