BARON AND FEME.

BARON AND

FEME.

Deed of
Separation.

No. L.

Agreement between Husband and Wife, whereby an Annuity or Rent-Charge independent of her own Estates and Paraphernalia are secured to her, and in which a Friend of the Wife engages to indemnify the Husband against such Debts as she had contracted or might contract during the Separation.

THIS INDENTURE, of four parts, made, &c: BETWEEN (husband) of the first part; (wife) of Parties. the second part; (grantee of the annuity for wife) of the third part; and (trustees of estates for securing it) of the fourth part. WHEREAS many Recital of dif ferences, and unhappy disputes and differences having for some agreement to time subsisted between the said (husband and separate; wife) they have, by mutual assent agreed to live separate and apart from each other; AND to the end that the said (wife) may be enabled to maintain and support herself in a manner suitable to her rank and station in life, the said (husband) that husband hath agreed to pay to her one clear annuity or allow her an yearly sum of during their joint lives, in case they shall so long live separate and apart, subject nevertheless to the provisoes and conditions hereinafter expressed, declared, and contained; and hath also agreed, that during such time she the said (wife) shall have, receive, and take the rents, issues, and profits of the messuages or tenements and hereditaments in the kingdom of Ireland hereinafter mentioned and described, to

Z

has agreed to

annuity, &c.

BARON AND and for her own separate use, in manner hereFEME. inafter expressed. AND WHEREAS the said

Deed of Separation.

tee had agreed

husband

the wife,

(grantec) on the treaty of such separation as aforesaid, undertook and agreed to indemnify and that gran- the said (husband) against such debts, if any, as to indemnify the said (wife) hath contracted or may conagainst debts of tract during such separation, as aforesaid, and to enter into such covenants as are hereinafter contained. AND WHEREAS the said (husband), by his certain bond or obligation in writing, bearing even date with these presents, is become bound unto the said (grantee) his executors, administrators and assigns, in the penal sum of

of a bond for securing the annuity.

Grant,

of annuity.

subject nevertheless to a condition thereunder written, for making the same void upon payment by the said (husband) his heirs, execu tors or administrators unto the said (grantee) his executors, administrators or assigns, of the said annuity or yearly sum, at the times, in the manner, and upon the trusts referred to or expressed in the said consideration hereinafter mentioned. NOW THIS INDENTURE WITNESSETH, that in part pursuance of the said agreement, and in order in part to effectuate the same, and make such provision for the said (wife) as hereinafter is expressed, and for and in consideration of the sum of 10s. of, &c. to the said (husband) in hand well and truly paid by the said (grantee) at or before the sealing and delivery of these presents, the receipt whereof is hereby acknowledged, HE the said (husband) HATH given, granted, and confirmed, and by these presents DoTH give, grant, and confirm unto the said (grantee) his heirs aud assigns, one annuity, yearly rent charge, or sum of

to be yearly issuing and going from and

&c.

FEME.

Deed of Separation.

out of the hereditaments hereinafter particularly BARON AND described and demised to the said (trustees); To HAVE, HOLD, receive, take, and enjoy the said annuity, yearly rent charge, or sum of unto the said (grantee) his heirs and assigns, from hence- charged on, forth, during the natural life of the said (husband Habendum, and wife) the said annuity, yearly rent-charge, or during life of sum to be paid to the said (grantee) his heirs or assigns, at or on the Royal Exchange of the City of London, on the two following days in the year, payable half

that is to say, on the

the

day of

day of

and

the busbaud,

yearly;

, by even and equal payments, without making any deduction or abatement whatsoever thereout, for or in respect of any taxes, charges, levies, assessments, or impositions, to be taxed, charged, levied, assessed, or imposed on the said annuity, yearly rent-charge, or sum of , or on the said hereditaments hereby charged with the payment thereof, or on the said (grantee) his heirs and assigns in respect thereof, by authority of Parliament or otherwise howsoever; or for or in respect apportionable of any other matter, cause, or thing whatsoever, in usual mantogether also with a just and due proportion of the same annuity, yearly rent-charge, or sum of

from the last of the days of payment preceding the death of the said (husband and wife) to the day of such death, in case it shall happen at any intermediate time between any such days of payment as aforesaid; the first payment of the said annuity, yearly rent-charge, or sum of

to begin and be made on the

day of

in case of death

ner.

distress,

next ensuing the date of these presents, AND the Usual power of said (husband) for himself, his heirs and assigns, doth hereby further grant, covenant, and agree,

FEME.

Deed of yearly rent-charge, or sum of

Separation.

BARON AND to and with the said (grantee) his heirs and assigns, that if it shall happen that the said annuity, or any part thereof shall be behind or unpaid for the space of thirty-one days next after any or either of the said days of payment whereon the same ought to be paid as aforesaid, by and according to the true intent and meaning of these presents, that then and from thenceforth, and so often as it shall so happen, it shall and may be lawful to and for the said (grantee) his heirs and assigns, during the life of the said (husband) into and upon all and singular the said messuages or tenements, farms, lands, hereditaments, and premises so hereby charged with the said annuity, yearly rent charge or sum, or expressed or intended so to be as aforesaid, or into every or any part thereof, to enter or distrain, and the distress and distresses then and there found and taken, to take, lead, drive, carry away, and impound, and impounded to detain until the said yearly rent charge or sum of so unpaid, and all arrears thereof, if any shall happen to be, and all costs, charges, damages, and expences attending the taking such distress and distresses, shall be fully paid and satisfied, and in default of payment in due time after any such distress or distresses shall be so taken, to appraise, sell, and dispose of such distress or distresses, or otherwise to demean therein according to law, to the intent that thereby the said (grantee) his heirs and assigns, shall and may be fully paid and satisfied the said annuity or yearly rent charge or sum of and every part thereof, and all arrears thereof, and all costs, charges, and expences attending the recovery

FEME.

Deed of Separation.

also of entry

thereof. AND the said (husband) for himself, BARON AND his heirs and assigns, DoтH further grant, covenant, and agree to and with the said (grantee) his heirs and assigns, that in case the said annuity, yearly rent charge, or sum of shall happen and perception to be behind and unpaid by the space of fifty days of rents. after the same shall become due and payable as aforesaid, that then and so often, and although no formal demand shall have been made of the said annuity, yearly rent charge, or sum of or the arrears thereof, it shall and may be lawful to and for the said (grantee) his heirs and assigns, during the life of the said (husband) into and upon all and singular the said messuages or tenements, farms, lands, hereditaments and premises hereby charged with the payment of the said annuity, yearly rent charge, or sum of

of

as

aforesaid; and into and upon every or any part thereof to enter, and the rents, issues and profits thereof, to have, receive, and take to his and their own use, until he or they shall therewith and thereby, or otherwise be fully paid and satisfied the said annuity, yearly rent charge, or sum and every part thereof, and also all arrears as shall grow due during the time that he or they shall by virtue of such entry or entries, be in possession of the premises, together with all such costs, charges and expences, as shall be laid out, sustained, or occasioned, by reason of the non-payment thereof. AND THIS INDENTURE Demise to FURTHER WITNESSETH, that for the better and more effectual securing the said annuity or yearly rent charge of to the said (grantee) his heirs and assigns, for and during the life of him the said (husband); and also in consideration of

trustees;