Description Deed of Amos H. Blakeney of Stellarton, NS

Typed Dated May 17th. A.D. 1890 No 70 Assignment Amos H. Blakeney to Thos. S.H. Harris THIS INDENTURE made the seventeenth day of May in the year of Our Lord one thousand eight hundred and ninety. Between Amos H. Blakeney of Stellarton in the County of Pictou, Merchant, hereinafter called the said Assigner of the first Part, and Thomas S.H. Harris of Halifax in the County of Halifax, Clerk, hereinafter called the Assignee of the second part and the several other persons , firms and corporations, creditors of the said Insolvent who may execute these presents of the third part Whereas the said Assigner is indebted to the several persons, firms, corporations, parties hereto of the third party and others in various sums of money and being unable to pay the same has proposed to make an assignment of all his property unto the said Assignee in trust for the benefit of his creditors as hereinafter expressed. NOW THIS INDENTURE WITNESSETH, that in consideration of the premises and of the sum of one dollar of lawful money of Canada to him in hand paid by the said Assignee the receipt whereof is hereby acknowledged, he the said Assigner Hath granted, bargained, sold, conveyed, assigned, transferred, and set over by these presents doth grant, bargain, sell, convey, assign, transfer and set over unto the said Assignee his HEIRS executors administrators and assigns, All and singular the real and personal property specified in the Schedule hereto annexed marked "A" signed by the said Assigner ( subject at any existing encumbrances thereon) and also all book-debts accounts, books of accounts, credits, judgements, notes, bonds, mortgages, securities for money choses in action and all other the real and personal estate and effects of whatsoever kind and wheresoever situate, now belonging, due or owing to the said Assigner and all the estate, right, title, interest, property, claim and demand, of him the said Assigner of in to or out of the said real and personal estate and effects Together with all deeds, writings, books, bills, notes, papers, and vouchers touching the same or any part thereof, TO HAVE AND TO HOLD receive take and enjoy the said real and personal estate and effects, book-debts accounts, books of accounts, credits, judgements, notes, bonds, mortgages, securities for money choses- in- action unto him the said Assignee his Heirs, executors, administrators and assigns subject nevertheless to any incumbrances now existing thereupon or affecting the same, Upon the trusts nevertheless and for the purposes hereinafter declared concerning the same. And the said Assigner hereby nominates and appoints the said Assignee his executors and administrators his true and lawful attorney or attorneys for him and in his name or otherwise to do perform and execute, take and prosecute all such acts matters and things, actions and proceedings, both at law and in equity as the said attorney or attorneys shall think fit and expedient for the purposes of the trust hereinafter declared and in and about the execution thereof, the said Assigner hereby ratifying and confirming and agreeing to ratify and confirm all and whatsoever the said attorney or attorneys shall do or cause to be done in and about the premises of virtue hereof. And it is hereby understood, and agreed that the said Assignee shall have and exercise his own discretion as to the time and make of disposing of the property here by assigned to and vested in him in order to convert the same into money to the best possible advantage and shall be at liberty if he shall deem it necessary and advisable to carry on the business at present conducted by the said Assigner until the same can be conveniently and advantageously wound up and disposed of. And the said Assignee is hereby empowered to use and employ the said Assigners if he shall deem it advisable in winding up the said business and in the execution of the trust hereof and to pay him a reasonable salary therefore and to have and employ servants and clerks in an about the same and to pay them wages or salaries therefore. And it is hereby declared and agreed that the said Assignee his executors and administrators shall and do stand and be possessed of all moneys to arise by the sale of and to be produced from all and singular the estate and effects hereby assigned or intended so to be, after paying the expenses incidental thereto and to the execution of these Presents or otherwise declared subject to the trust of this Indenture upon and for the trusts, intents and purposes following, that is to say; -- IN TRUST -- First -- To pay and discharge all costs charges and expenses incident to the execution of these Presents and in and about the conducting and carrying into effect the trusts hereof. Second. -- To pay all salaries and wages hereinbefore authorized and all advances in money or otherwise which may be made by the said Assignee his executors or administrators in winding up the said business which advances the said Assignee is hereby empowered to make. Third. -- To retain a reasonable compensation based upon the care and diligence required and bestowed in and about the proper execution of the trusts of these Presents together with allowances and commissions customary among merchants. Fourth. -- To pay to T.C. Allen and Company of Halifax the sum of Six Hundred and Thirty-four Dollars and ninety cents ($634.90), being the amount due by the said Assigners to the said T.C. Allen and Company. Fifth. -- To pay and devote the residue of said moneys to the payment ad discharge in equal proportions of the respective debts of all other creditors of the said Assigner. Provided always that the said Assignee shall only be answerable or chargeable for his own wilful neglect or default and that nothing herein contained shall make him responsible other than as such Assignee and to the extent only of such trusts estate for the payment of the debts and liabilities of the said Assigner. IN WITNESS WHEREOF, the parties to these presents have hereto their hands and seals subscribed and set the day and year first above written. Signed Amos H. Blakeney (red sealed affixed) Signed Thos. S.H. Harris (red seal affixed) Signed, Sealed and Delivered in presence of the word "nineteenth" on page 1 line 1 being erased and the word seventeenth underlined (signed) D.W. Culton J.P. (Hand written) Schedule "A" Stock in trade now being in and upon the premises, situate on East side of Main Street, owned by B.D. Rogers & Co., in the town of Stellarton County of Pictou, Province of Nova Scotia Also household furniture effects now being in and upon the premises, situate on East side of Main Street, owned by B.D. Rogers & Co., the town of Stellarton, County of Pictou, Province of Nova Scotia' Signed Amos H. Blakeney Signed Thos. S. H. Harris Canada Province of Nova Scotia County of Pictou, S.S. I, Amos H. Blakeney of Stellarton in the County of Pictou, Merchant, make oath and say as follows.- 1. I am the assigner mentioned in the accompanying and amended assignment. 2. The amount set forth therein as being the amount due by me to T.C. Allen and Company of Halifax is justly and honestly due and owing by me to the said T.C. Allen and Company and the said assignment was executed in good faith and not for the purpose of protecting the property mentioned therein against my creditor or of preventing any claims against me. Signed Amos H. Blakeney Sworn to al Stellarton in the County of Pictou this 17th day of May A.D. 1890 Before me D.M. Culton J.P. in and for the County of Pictou filed 2 PM 20th May 1890 John Ferguson Regr.