Selected quad for the lemma: judgement_n
Text snippets containing the quad
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A64859
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The compleat comptinghouse, or, The young lad taken from the writing school and fully instructed by way of dialogue in all the mysteries of a merchant from his first understanding of plain arithmetick, to the highest pitch of trade whereby the master is saved much labour and lad is led by the hand to all his work and business : which to youth is accouted troublesome but will here seem pleasant : a work very necessary for all that are concerned in keeping accompts of what quality soever / by John Vernon.
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Vernon, John.
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1678
(1678)
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Wing V249; ESTC R3623
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95,284
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266
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Arbitrator Award Umpire c. and whether my Master is any ways obliged to stand to what these Men do Mr. The first thing that is done is a Bond known by the Name of an Arbitration Bond which is Signed Sealed and Delivered by each Person in difference whereby they do in such a certain Sum of Mony oblige themselves to rest by stand to and perform all that shall be ordered by A. B. and D. C. the Arbitrators Yo. Before you proceed any further pray Sir let me see what one of these Arbitration Bonds is and how it is made and then I shall the better be able to understand what I desire from you Mr. That you shall and here it is word for word or generally in the most usual form The Copy of one of these Bonds NOverint universi per presentes _____ teneri firmiter Obligari _____ libris bonae legalis monete Angliae Solvend eidem _____ aut suo certo Attornat Executor vel Administrator suis ad quam quidem Solucionem bene fideliter faciend Oblig _____ Heredes Executores Administratores _____ firmiter per presentes Sigill _____ Sigillat Dat. _____ Anno Regni Dom. nost _____ Dei Gracia Angliae Scotiae Franciae Hiberniae Regis Fidei Defensor c. Annoque Dom. 16 THe Condition of this Obligation is such That if the above-bounden _____ Heirs Executors and Administrators for their parts and behalfs shall and do in all things well and truly stand to obey abide perform fulfil and keep the Award Order Arbitrement final end and determination of _____ Arbitrators indifferently elected and named as well on the part and behalf of the above-bounden _____ as of the above-named _____ to Arbitrate Award Order Judg and determine of and concerning all and all manner of Action and Actions Cause and Causes of Actions Suits Bills Bonds Specialties Judgments Executions Extents Quarrels Controversies Trespasses Dammages and Demands whatsoever at any time heretofore had made moved brought commenced sued prosecuted done suffered committed or depending by or between the said Parties or _____ of them so as the said Award be made under Hand and Seal by the _____ next ensuing the Date of these Presents Then this Obligation to be void or else to remain in full force and virtue J. B. ☉ Sealed Signed and Delivered in the presence of J. C. D. R. Yo. They having thus sealed this Bond what is it must be done next Mr. The first thing they do is to examine the Matter by Writtings Letters Papers c. if it be Matter of Accompts if it be any other Quarrels or Differences to examine the several Witnesses and in Matter of Goods then to examine the Goods if they are in being and so cause either the Complainant to abate of his Demands or the other to allow In short to fix a certain Sum for one or the other to pay or in some cases to sign General Releases each to the other Yo. But what if these two Men cannot agree what must then be done in such a case Mr. You must then have a third Person chosen which Person is called an Umpire and he is to examine what the other two Persons have done and then the whole Matter is left in his Breast and he is to decide the difference that yet remains and his single determination being given in under Hand and Seal by such a day provided the Arbitration Bonds do specifie that there shall be an Umpire for in many cases it is not agreed upon does the work alone Yo. Pray Sir let me know what kind of thing that Award is which you spake of Mr. Award is a certain Writing that is signed by the Arbitrators wherein is recited the Bond the two Parties at difference entred into and then it doth recite how they have called all Persons before them and upon a due consideration of all Matters such and such things are ordered by them Yo. And must the Persons in difference fulfil what these Men order and decree them to do Mr. Yes or else he that stands out doth forfeit the Bond he did enter into Yo. But if I am at any difference with a Man for a thing that is but small what is it I must then do Mr. Then you have nothing else to do but to refer it before Witness or change a piece of Mony as some do but that Sentence or Award must be past presently or in two or three days else it will be void in Law Yo. You having instructed me in these things which I find much benefit by I desire you to explain a little fuller to me the Mystery of reducing the Monies of one Nation into that of another in which thing I am as yet ignorant you having shewed me but one Instance and that is of our English Mony into French in Page 89 I would fain request you to give me some further light into the said Mystery of Calculating Exchanges Mr. Propound then your Question and I will answer it Yo. I have a Bill of 423 Crowns of French Mony given me to reduce into English Mony at 55 d. ⅜ per Crown but I know not how to reduce it having never seen it done Mr. The manner of doing it is thus 1. Set down the number of Crowns 423. 2. Set down under them the price that is 55 d. ⅜ 3. Multiply the Crowns by the Pence 4. Consider what part of a Peny your ⅜ is viz. a Farthing is ¼ ⅛ is half the Farthing Take these out of the Crowns and then when you have done so add up all together and you shall find so many Pence which divide by 12 and by 20 and your Sum the 423 Crowns amounts unto is l. 97 11 11½ Example And thus you see what it comes unto Yo. But Sir suppose I have a parcel of Dollars out of the Low Countries or pieces of Eight out of Spain or Duckets in Italy or Mill-Rays in Portugal Flemish Pounds in Holland Guilders c. all these are different things and you give me no light to this how shall I know the way to cast up any of these Coins so different Mr. The chief thing you are to enquire into in order unto this is to understand what Species the two places do exchange in As for Example France keeps Accompts in Livers Solz and Deniers but yet exchanges with all Nations in Crowns Holland keeps Accompts in Guilders Stivers and Penninges and yet exchanges with England in pounds Flemish and so of other Nations before named Now your great work is to be exact in bringing the Coin the Nation trades in into the Coin it exchanges in for when the other is brought into the exchanging Coin it is no more than to cast up any ordinary Commodity for although it makes a great noise of 1000 Ducatoons at 65d ⅜ 1470 Crowns at 54d ½ l. 237 10 0 Flemish at 34 s. 9 d. c. it is no more than if a Man should say 1000 Ells
s. it is a Composition And suppose your Master's Debtor for the Cloth did owe him l. 100 if your Master took any Sum under l. 100 and did discharge him it was a Composition Yo. What is a Composition generally made at Mr. From 5 s. to 15 s. is lookt upon to be a good Composition and in giving for every 20 s. 5 s c. per l. the Man is discharged and hath a Release in full and is in Law as well discharged as if he paid the entire Debt of l. 100. Yo. Pray what is meant by a General Release is not a Recept sufficient enough Mr. No in such cases General Releases are given on both sides because all matters are then ended betwixt Man and Man Yo. Pray let me know what is meant by a General Release and what it is Mr. A General Release is as follows which must be signed sealed and delivered before two Witnesses at least Yo. What mean you by Signing Sealing c Mr. Signing is when the Man writes his Name to it and Sealing is when he puts his Seal to it with Wax or Wafer and Delivering is when he takes that Writing up in his right hand and takes off the Seal and says these words This I deliver as my Act and Deed to the use of the Parties within mentioned Yo. What then must these two Men do that sit by for Witnesses Mr. They must see this done and then set their Hands as Witnesses unto it Yo. Pray let me see one of them done Mr. It is thus KNow all Men by these presents that I J. J. of London Merchant have remised released and for ever quit claim and by these presents do for me my Heirs Executors and Administrators remit release and for ever quite claim unto J. M. Citizen and Draper his Heirs Executors and Administrators all and all manner of Actions Suits Bills Bonds Writings Obligatory Debts Dues Duties Accompts Sum and Sums of Mony Judgments Executions Extents Quarrels Controversies Trespasses Dammages and Demands whatsoever both in Law and Equity or otherwise however which against the said J. M. I ever had now have or which I my Heirs Executors and Administrators shall or may have claim challenge or demand for or by reason of any Matter Cause or Thing from the beginning of the World unto the day of the date of these Presents In Witness whereof I have hereunto put my Hand and Seal this first day of June in the 29th Year of the Reign of our Sovereign Lord King Charles the Second of England Scotland France and Ireland Defender of the Faith c. and the Year of our Lord God 1677. J. J. ☉ Sealed and delivered in presence of J. D. E. F. ☞ Here note It is very convenient to write underneath where your Witnesses live for many Causes have been lost because the Surviver could never find out who were the Witnesses or where any of them lived Yo. For the second when he pays part in Mony and part in Security how is this done Mr. It is done in this manner The Debtor absents and offers to give you 10 s. in the pound in Mony and 10 s. upon Security Yo. I know what the Mony means but I do not know what you mean by Security pray let me know that Mr. Security is to be understood two ways either Personal or Real if Personal then another Man is bound with the Party that is the Debtor to pay the Mony at a certain day if the Debtor do not If it be Real then it is the making over some Land Lease House or Goods by a Deed for that purpose Yo. Well Suppose this Man for this l. 100 give me 10 s. per pound in ready Mony and 5 s. upon Personal Security Mr. J. A. is bound for it and 5 s. in the Mortgage of some Land or Houses c. What must I then do how must it be ended Pray Sir let me see an Example of it Mr. The Man owes l. 100. For the Mony you receive 10 s. in the pound is l. 50. For the Bond you make it thus KNow all Men by these Presents That we J. A. and A. B. Citizens and Salters do owe and are bound unto J. J. Citizen and Joyner the full sum of fifty pounds of lawful Mony of England to be paid to the said J. J. his certain Attorney Executors Administrators or Assigns To which payment well and truly to be made we bind our selves our Heirs Executors and Administrators firmly by these Presents Dated the 20 July in the 29th Year of the Reign of our Sovereign Lord King Charles the Second Anno 1677. THe Condition of this Obligation is such That if the above-bounden J. A. and A. B. their Heirs Executors Administrators or Assigns or either of them do well and truly pay or cause to be paid unto the within-named J. J. his Heirs Executors Administrators or Assigns the just and full sum of five and twenty pounds of lawful Mony of England at or upon the 20th of July next ensuing the Date hereof at the now dwelling House of the said J. J. situate in Cornhil London then this Obligation to be void or else to remain in full force and virtue Sealed and delivered in presence of J. A. + A. B. ☉ J. P. P. C. Thus much for the Mony and the Security But for the next the Mortgage c. the best way is to get an experienced Scrivener to make those things sufficient for every Man in his Trade You may be much wronged if you should build on your own Judgment for that matter And you have received The Mony l. 50 0 0 The Bond l. 25 0 0 The Mortgage l. 25 0 0  l. 100 0 0 You discharge the Debtor that is if he pays you the full of your Debt The same is done if you agree to take less than the Debt for the whole Debt in this manner Yo. But what must I do when I come to take Part at Time and that with Security and Part without Security Mr. Suppose the Debtor owes l. 100 and he pays l. 50 at 1 Year at Security Make a Bond for it as the last was and for the other l. 50 make a Bond for him only to Seal and Sign because it is without Security Yo. How must that Bond be made Mr. Just as the former was made only as that had two Men bound this has but one and is as follows KNow all Men by these Presents That I A. B. Citizen and Joyner do owe and am indebted unto J. J. Citizen and Salter the just and full sum of one hundred pounds to be paid to the said J. J. his certain Attorny Executors Administrators or Assigns To the which payment well and truly to be made I bind me my Heirs Executors and Administrators firmly by these Presents In witness whereof I have hereunto set my Hand and Seal Dated in London 20 July in the 29th Year of the Reign of our Soveraign Lord King Charles the