211. To pay the Mony Fidel. 18. Cl. Man 3â—4 326. A Counter-Condition for performance of Covenants 1 Cl. guide 200. A Counter-Condition to save harmless from two Obligations Id. 230. A Condition to save harmless a Surety from a Bond of Arbitrement Id. 204. A Condition to save harmless a Surety from a Recognizance 3 Cl. guide 61. Condition of an Arbitration Bond. WIthout an Umpire Fidel. 19. Compl. Cl. 323. Cl. guide 1 part 223 232. To Arbitrators if not to an Umpire Idem 267. Covenant Bonds A Condition for the performance of one particular Covenant in an Indenture Fidel. 23. For Performance generally Id. 24. Compl. Clerk 328. A Condition to perform Covenants in a Lease and not to seek for a new Lease from the Chief Lord 2 Cl. guide 75. Conditions Special About Lands THat a man and his Wife at the next Copyhold-Court shall surrender and release their Interest Fidel. 21. If Mony be not paid at a Day then to surrender 1 Cl. guide 293. Bridg. Con. 190 233 234 236 265 378. For the making of better Assurance Fidel. 21. For quiet Enjoyment 1 Cl. G. 160. A Condition where a man hath purchased Lands which he intendeth shall be for the Joynture of his Wife that his Wife shall enjoy the same and that they be free from Incumbrances and that the Premisses shall be worth 60 l. per Annum â—ide 22. A Condition that where the Obligor hath sold to the Obligee three Acres which is in Lease for Ten years that the Obligor shall pay 30 s. to the Obligee yearly during the term Id. 23. A Condition that one shall enjoy a Parsonage-House c. free from Tithes and other Incumbrances Id. 26. That the Premisses shall continue free from Incumbrances done by him and that he and his Wife shall do further Assurance Fidel. 27. A Condition where two Brothers are joyntly seized of Lands that if one make a bargain for the sale of the Premisses and that the other shall receive 50 l. for his part that the other will joyn in the Assurance Id. ib. A Condition that whereas Lands are mortgaged that the Mortgageors are seised c. and that the Premisses shall be free from Incumbrances and to do further assurance if the Mony be not paid according to the Proviso Id. 38. A Condition upon Marriage to make a Joynture of 10 l. per Annum to his Wife within one year after Marriage or at his death free of Incumbrances Id. 29. That a man shall within two years assure Lands of 30 l. per Annum for his Wives Joynture or if he die before the time that then his Executors shall do the same or else the Executors shall within ten days after the death of the Obligor enter Bond with Sureties to the Wife for payment of 50 l. within one year after the death of the first Obligor Id. 32. For yielding up a possession Campl Cl. 316. That the Father shall not sell his Land from his eldest Son Id. 308. For the Truth of an hired Servant Compleat Clerk 317. To deliver Possession Id. ibid. That if the Conisors of a Fine being within Age shall reverse the Fine then to repay the marriage Mony Id. 318. That Land shall remain to the Obligors eldest Son Id. 329. That two shall make a Lease to two or three Tenants Id. 330. That a man shall not alien his House but to the Obligee he paying such a sum of Mony Id. ib. To deliver possession of an House Id. 321. To save Land from Incumbrances c. Id. 323. For enjoying of Land for a term Id. 324. To make an Estate in Land Id. 329. To deliver Evidence and perform Covenants upon payment of a sum of Mony to the Obligor Id. 332. For default of payment of Mony at a day to enter upon and hold a Field for certain years Id. 333. For payment of Rent and not committing Waste Id. ibid. To make an Estate in Feesimple by a day Id. 334. Not to claim Dower Id. ib. 2 Cl. g. 91. A Condition to make assurance of Lands upon Request 1 Cl. guide 158 161. To pay all such charges as the Tenant shall be at by reason of the payment of his Rent there being Controversie concerning the Title of the House Id. 226. A Condition for the surrender of copyhold-Copyhold-Lands and to cause the Obligor to be admitted Tenant 1 Clerks Guide 159. For quiet enjoying a Manor according to assignment Id. 229. A Condition for passing a Fine Id. 160. That one shall not demise or alien sans Consent Id. 188. A Condition not to do any act to prejudice the Estate of the Obligor in a Lease Id. 193. A Condition to pay Rent during a Lease Parol and at the end to depart leaving the Goods and Housholdstuff mentioned c. Id. ib. A Condition where the Seller is bound that the Land is free from Incumbrances Id. 229. A Condition for renewing a Lease when the Lessor comes to the Age of 21 years 2 Cl. guide 96. A Condition to gather Rents and yield account thereof Id. 82. A Condition to make true account of ones Bayliffship Id. 84. To pay a sum of Mony within three days after Request if the Obligee may not enjoy a Mesuage Id. 85. Conditions reciting an absolute Bargain and Sale made to one for the indempnity of a Bond if the Mony be paid on the Bond the Grantee to reassure Id. 149. Conditions reciting the Surrender of Lands upon Condition that if the Mony be not paid according to the Condition the Obligee may enjoy the Lands 2 Cl. guide 141. Conditions reciting the release of an Annuity that it is free from former engagements Id. 152. To pay Rent Quarterly for certain Rooms Id. 155. To surrender Lands to uses Id. ib. A Condition to permit the Obligee to receive Rents c. to his own use and not to discharge a former Agreement made between A. W. of the one part and the Obligor and Obligee of the other part Id. 163. To assure the moiety of such Lands as shall be recovered by Law Id. 165. A Condition not to sell Lands had in Marriage 3 Cl. guide 307. A Condition that the Lessee shall not carry away the Wainscot or Cupboards c. Id. 310. Cl. Vade mecum 386. A Condition to pay Rent reserved on a Lease according to the Covenant 3 Cl. guide 161. Conditions to settle fettle Lands of such a value Bridgman's Convey 227. Conditions to free the Lands from all Incumbrances by a prefix'd time Id. 11. Conditions to Seal a Lease by a day according to a draught thereof already made Cl. Vade mec 398. To procure Lands to be passed in Fee-simple from his Majesty and the Patentee to convey it to the Obligee by a Day he then paying the Patentee a sum of Mony Cl. Vade mecum 399. Conditions to enjoy Lands discharged of Rents Hern. 308. Conditions that the Heir shall make no claim 2 Cl. guide 238. To assure a Sum of
had satisfied so much or that was not molested Crook Eliz. p. 393. Hutchinson and Leâ—son The Condition is if R. C. acquit R. F. and J. B. of such Sureties they have made to N. that then c. pleaded that R. F. and J. B. were bound to N. in 15 l. and R. C. did procure Acquittances of N. to R. F. and J. B. for the same See the form of pleading Quaere if good Plea 1 H. 7.30 a. The Condition was to secure him harmless against J. S. in an Action for 53 l. for which he was Bail for him The Defendant pleads he had paid to J. S. 20 l. in satisfaction of the 53 l. and so kept him harmless but for that the Plaintiff might be damnified before the payment to which he doth not answer the Plea is ill Crook Eliz. p. 136. Davies and Thomas In Debt on a Counter-bond for Security of Bail given for appearance of the Defendant The Defendant pleads non damnificatus The Plaintiff replied Non comparuit The Defendant rejoyns that the first Bond given was void per 23 H. 6. and that there was no Latitat issued forth per Cur. this is a departure But notwithstanding the Bond the party is not estopt to say there was no Latitat but the Non-appearance is a damnification be the Bond void or not 1 Keb. 59 98. Cook and Morgan Condition to permit WHere no Act is to be done but only a Permittance he need not plead it specially and non permifit or permisit is a good Plea A Covenant that the Plaintiff to such of the said Lands as by the Custom of the Country tunc jacebant frisca should have free ingress c. The Defendant pleads quod perâ—nisit Querentem intrare c. in tales terras quales tunc jacebant frisco secundum consuetud patriae he need not shew what Lands did he fresh 1 Leon. p. 136. Littleton and Perne L. covenants with S. that he would suffer him and his Assigns to have free ingress c. into his House and Shop without let or interruption of the said L. and that S. appunctuavit one T. ut servientem suum in Messuag c. intrare in usum de S. super quo praedict T. intravit praedictas L. expulit Moved in Arrest 1. It is alledged L. expels the Servant and this was the expulsion of the Master 2. Appunctuavit intrare and doth not say what time for perhaps his Licence to enter might be determined 3. It is not said at what time he entred but super quo intravit all these Exceptions were over-ruled 2 Rolls Rep. 78. Snelling and Lowe The Condition was if A. a Stranger would render himself to an Arrest in such a place The Defendant pleads A. was a Servant to a Parliament-Man and pleads Priviledge The Plaintiff demurs Pro Quer. for A. might render himself and let it be at their peril if they will arrest him 1 Brownl Rep. 91. Jackson and Kirton A Condition to perform all Covenants in a Lease made by her Husband of a Warren one whereof was to do no Act to disturb the Lessee she after marries another Husband who entred on the Plaintiff and cut his Nets no Title being shewed by which he entred The Plaintiff demurred and Judgment pro Quer. It is not requisite that the Husband be Assignce of the Estate but her Assignce of Contract which she might have avoided the Husband acts in her Right 1 Keb. 348 512. Hall versus Creswel Uxor One is bound to permit his Tenants to use the Common and that he shall not alter the Course of the Common quod permisit and that he shall not alter c. is a good Plea generally 11 Eliz. Dyer 279. Condition to surrender Copyhold Lands THE Condition was that the Obligor should surrender his Copyhold Land to the use of the Obligee he pleaded he had surrendred it ill Plea because he had not shewed when the Court of the Lord was holden Winch p. 11. Llewellins Case The Condition reciting whereas such Copyhold Lands were to be surrendred by A. S. at her full age to the use of the said Hammond and Guy and their Heirs and that Gay should pay to Hammond 33 l. at such a day and if he failed it should be to the use of Hammond and his Heirs It was conditioned that if the Obligor procured the said A. S. at her full age to surrender to the use of Hammond and his Heirs and if Hammond and his Heirs might have and enjoy the said Lands to him and his Heirs then the Obligation c. The Defendant pleads Gay paid not the 33 l. and that A. S. came of full age such a day and afterwards at such a Court in full Court did surrender release and quit claim to the Plaintiff being in possession all her Estate Right and Interest in the same Tenements and that the Plaintiff always after might have enjoyed the same Tenements The Plaintiff replies quod bene verans est that the said A. S. did surrender prout c. but that afterwards such a day the said Gay entred and expelled him The Defendant demurs per Cur. the Replication is not good because he hath not shewed he was evicted by lawful Title for otherwise this Bond doth not extend to it and per Cur. the Bar that shall be surrendred and released in Court is good and certain enough according to common intendment And although it be not said she surrendred to the use of the Plaintiff yet it being alledged it was surrendred in Court and accepted by the Plaintiff and confessed by the Replication it is good Crook Car. first Case Hammond and Dod. The Condition whereas F. held Copyhold Land of Sir J. K. if he within six Months after the death of F. granted the Land to the Plaintiff and two others whom the Plaintiff should name for three Lives according to the Custom of the Mannor that then c. The Defendant pleaded the Plaintiff nominated no Lives The Plaintiff replies Sir J. K. within the sixth Months granted it to J. S. and two others for their Lives who are yet alive the Defendant pleads non conâ—ossit and found against him It is not Error that the Plaintiff in his Replication shows not that the lands are Copyhold for the Condition reciting it is Copyhold Land he is estopt Crook Jaâ— p. 275. Sir J. Kernes Case To satisfie Imbeziled Goods ONe was bound to satisfie for Goods he had imbeziled he pleads that upon suit for those Goods he was taken in Execution for the damage No Plea 33 H. b 47. Hillaries Case Hob. p. 59. The Condition if A. turned over Apprentice should waste the Goods of his Master to pay what the Master was damnified no damage pleaded Plaintiff sets forth goods wasted but it s forth no notice given to the Defendant no notice is necessary when any one undertakes for a third person he must answer for him at his peril because the imdesilment is
good against the Heir tho the Executors have Assets he may have his Election 1 Anderson p. 7. Sir Ed. Capels Case Debt lies against the Heir of an Heir upon Obligation of the Ancestor to the 10th degree Noy 56. Dennyes Case The Obligee shall have a joint Action against all the Sons in Gavel-kind 11 H. 7.12 b. Debt against three Heirs in Gavel-kind the Defendant pleads C. one of the Heirs is within Age. The Heir of an Heir shall be chargable with an Obligation simul cum the immediate Heir and such Heir shall have his Age Moor n. 194. Hawtree and Auger 1 Anderson p. 10. n. 22. id Case If a Man bind himself and his Heirs in an Obligation and leaves Land at Common Law and Gavel-kind the Creditors must sue all the Heirs and if there be Land on the part of the Father and on the part of the Mother and both have Land by descent he shall have several Actions and Execution shall cease till he may take it against both so that the Construction of Law is stricter where the Heir is charged with Warranty real than when he is charged with a Chattel Hob. p. 25. Riens per descent pleaded and what shall be Assets J. S. by Will deviseth his Land to his Heir at 24. and if he die without Heir of his Body before 24. the Remainder over he attains 24. a Fee-simple descends for no Tail shall arise before his said Age which Tail shall never take effect 2 Leon. p. 11. Hind and Sir John Lion id Case 3 Leon. p. 70. The Father bound in Obligation and deviseth his Lands to his Wife till his Son comes to 21 years of Age the remainder to his Son in Fee and dies the Son shall be adjudged in by descent 2 Leon. 123. fol. 101. Bashpooles Case 3 Leon. p. 118. The Ancestor was seised in Fee and by his Will deviseth them to the Defendant being his Son and Heir and to his Heirs on Condition to pay his Debts within a year and if he failed his Executors shall sell he entred and paid no Debts the Executors after entred and sold It s not Assets in Heirs hands for though the Heir hath a Fee yet he hath it as a Purchaser being clogg'd with such a Condition Cro. M. 5 Car. p. 161. Gilpins Case Two things requisite to bind an Heir 1. Lien express 2. Lands by descent In Debt against an Heir he is charged as Heir and the Writ is in the debet and detinet and it s not in auter droit but taken as his proper Debt from 18 Ed. 2. till 7 H. 4. If the Executor had Assets the Heir was not chargeable but now the Law is changed in that Point if the Heir sell the Land before the Writ purchased he is discharged of the Debt in regard he is not to wait the Action of the Obligee Trusts descending shall be Assets by the Statute of Frauds and Perjuries so Lands of special Occupancy vid. Stat. The Defendant pleads his Father was seized in Fee and covenanted with J.S. c. to stand seized to the use of himself for Life the Remainder to the Defendant in Tail c. the Father had caused a Deed to be engrossed and delivered the Deed to a Scrivener to the use of J. D. and M. so as J. D. would agree to it J.D. died never having notice of the Deed Per Cur. the Father never covenanted because the Agreement of J. D. was a Condition precedent to the essence of the Deed and so no Deed to raise the Uses contra the Defendant Moor n. 426. Degoâ— and Rowes Case id Case 1 Leon. 152. n. 211. The Heir pleads riens per descent special Verdict find the Father was scised in Fee and enfeoft J. S. of the Mannor of P. excepted and reserved to the Feoffor for life two Acres only the Lands in question and after limited all to the Feoffees to the use of the Defendant in Tail Per Cur. the Lands do descend to the Son the Exception being void 2 Keb. p. 667 â—19 Wilson and Armorer Upon riens per descent pleaded special Verdict find M. seised in Fee de Saliva Anglice a Salt-pan died and his Son entred and was seised and the Defendant entred as Heir per possession fratris this is Assets by descent and such Heir per possession ' is chargable to the Debt of the Ancestor 3 Keb. Tr. 28 Car. 2. f. 659. Clinch and Butler The Heir pleads riens per descent the Defendant had levied a Fine but because no Deed of Uses was produced at Trial the Use was to the Conusor and his Heirs and so the Heir in by descent Mod. Rep. p. 2. Riens per descent pleaded Feoffment pleaded at the Trial it appeared to be fraudulent it need not be pleaded but may well be given in Evidence 5 Rep. 60. Gooches Case Debt vers l'Heir he may plead in Bar a Release made by the Obligee to the Executors and though the Deed belongs to another yet he must shew it forth for both of them are privy to the Testator Co. Lit. 232. a. Upon riens per descent pleaded it was found he had Assets in the Cinque-ports Judgment was general against the Defendants and as to the Moleties of the Lands in the Cinque-Ports the Plaintiff 〈◊〉 have a Certiorari to remove the Records into Chancery and thence by Mittimus to send to the Constable to make Execution 1 Anderson n. 65. p. 28. Hicker and Harrison vers Tirrel 3 Leon. p. 3. The Heir pleads riens per descent the Plaintiff replies he sued a former Writ vers l'heir and the Defendant was outlawed which was reversed and he freshly brought this Writ by journeys accompts and avers he had Assets the day of the first Writ purchased Hob. p. 248. Spray and Sherrat Cro. Jac. 589. id Case cited Debt vers l'heir the Defendant pleads his Ancestor died Intestate and that one J. S. had administred and had given the Plaintiff a Bond in full satisfaction of the former upon Issue joined it was found pro Def. If the Obligor had given this Bond it had not discharged the former but being given by the Administrator so that the Plaintiffs security is bettered and the Administrator chargable de bonis propriis it s a good discharge Mod. Rep. 225. Blith and Hill He pleads riens per descent but 20 Acres in D. in Com. Warwic The Plaintiff replies more by descent in S. viz. so many Acres and found pro Def. and a discontinuance in the Record of the Plea from Term P. to Term M. assigned for Error and per Cur. its Error and not deins Stat. 18 Eliz. because the Judgment was not founded on the Verdict but upon the Confession of the Defendant of Assets Yelv. p. 169. Hill 7 Jac. B. R. Molineux Case The Heir pleads the Obligor died Intestate and J. S. administred and he had given the Plaintiff another Bond in full satisfaction of the former vide Mod. Rep.
do not restrain the Condition to the last part only to wit of the two Obligations but do extend to the Recognizance per the first words The Condition of this Obligation is such and per the word also in the last Clause 1 Rolls Abr. 409. Ingoldsby and Steward For the Matter and Substance of the Condition What Conditions are good and what not A Condition to do any lawful or possible thing is good as to make a Release perform Covenants not to play at Cards and Dice not to be Surety c. But when the matter or thing to be done by the Condition is unlawful or impossible or the Condition it self is repugnant insensible or uncertain the Condition is void and in some Cases the Obligation also Conditions against Law are void Against the Law of God of Nature to do a thing that is malum in â—se as to kill a Man or do any other Felony c. in such Cases the Condition and Obligation are both void Co. Lit. 206. Conditions against Common Law Statute Law Note This difference between a Bond made void by Common Law and a Bond made void by Statute Law If a Bond be made void by Statute Law it s void in the whole as upon the Statute 23 H. 6. If a Sheriff take a Bond for a thing against that Law and also for a due Debt the whole Bond is void for the Letter of the Statute is so 2 Rolls Rep. 116. But the Common Law doth divide and having made void that that is against Law le ts the rest stand Carters Rep. fol. 230. in Pearson and Humes Case A Bond to perform Covenants one is void and the other good the Bond is good for those that are agreeable to Law as in Sir Daniel Nortons Case Hob. p. 14. Cro. Eliz. p. 529. 2 Anderson 116. Lee and Coleshill 3 Rep. 82 83. Lee and Coleshill cited in Twines Case If the Condition be to do a thing contrary to Law the Obligation is void 2 H. 4.9 Co. Lit. 206. b. But here is another Diversity A Condition to a do a thing against the Law of God of Nature a malum in se or against Law and Justice in such Cases the Obligation and Condition are both void as for unlawful Maintenance for a Sheriff not to execute Process and the like But when the thing to be done or not to be done by the Condition is not malum in se but against some Ground of the Law as that a Man shall make a Feoffment to his Wife or is but malum prohibitum only as that a Man shall erect a College contrary to the Statute of 31 Eliz. or a Man is bound to alien certain Lands to a Religious House or repugnant to the Estate as Feoffee of Land shall not alien or take the Profits or that Tenant in Tail shall not suffer a Recovery c. In these Cases the Conditions are only void and the Obligations remain single and yet Equity will relieve against them yet if a Feoffment be made of Land on Condition to kill J. S. the Condition is void but the Feoffment is good for the state of the Land is setled and executed in the Feoffee and cannot be taken back but by the performance of the Condition which is void If a Man make a Feoffment in Fee on Condition that he shall not alien this Condition is repugnant and against Law and the state of the Feoffee absolute but if the Feoffee be bound in a Bond that the Feoffee or his Heirs shall not alien or take the profits this is good for he may notwithstanding alien or take the profits if he will forfeit his Bond Co. Lit. fol. 206. a. b. A Man is bound to do a thing unlawful at present which in time may be made lawful as a Feoffment of a Strangers Lands or of the Lands of an Alien c. in these Cases he is bound to do it and at his peril he must obtain Power to do them Lit. Rep. 86. Condition was That if the Defendant shall procure one J. S. to make reasonable Recompence to the Plaintiff for certain Beasts which he wrongfully took from the Plaintiff that then c. the Defendant saith de facto J. S. had stollen the Beasts and was indicted and so the Condition being against Law the Obligation was void Per Cur. where the Condition shall be said against Law and therefore the Obligation void the same ought to be intended where the Condition is expresly against the Law in express words and not for Matter out of the Condition as it is here Judgment pro quer 1 Leon. Case 99. Brook and King Conditions against Common Law Besides what hath been said before in general take some few Cases of Conditions against Common Law Maintenance A Condition to maintain any Suit unlawfully though no Act be done for if it be unlawful to be done the Bond is void The Condition is If J. S. the principal and J. H. and J. M. do pay c. all such Sums which are due and shall be due in such Suits The Under-Sheriff makes a Bond to the High-Sheriff that he shall not return Venire Fac. not intermeddle with Executions until he be acquainted it is naught and against Law 1 Brownl Rep. 64 65. Hobart p. 14. Norton and Sims That the Under-Sheriff shall not execute any Process of Execution without special Warrant and Assent of the Sheriff the Bond is void 2 Brownl Rep. p. 280 Chamberlain and Goldsmith 1 Rolls Abridg. p. 417. Norton and Sims A Bond to save J.S. harmless from such aâ— Appeal of Robbery as B. had against him is void 18 E. 4.28 A Condition to renounce an Administration is good 25 E. 4.30 A Condition that he should not molest or hurt the Obligee in his Lands or Goods ratione alicuâ— rei cujuscunque it shall be intended he shall not hurt tortiously but not to restrain him from prosecuting the Obligee for Felony or other just cause and so not against Law Crook Eliz. fo 705. Dolson and Crew Conditions against Statute-Law Against the Stat. 32 H. 8. Of Leuses made is Aliens DEbt upon Bond to perform Covenants in an Indenture which was to pay Rent The Defendant pleads Stat. 32 H. 8. which maltes Leases to Alien Artificers void and saith that the Defendant was an Alien born at Paris and avâ—s the three points of the Statute 1. That the House was a Mansion House at the time 2. That â—e viz. the Defendant was an Alien 3. That â—e was an Artificer The Plaintiff replies the Defendant was an Alien Artificer demurr Per Cur. the Replication not double but because he â—ad not said the place where he was born in Enâ—land it was ill Siderfin p. 357. Freeman and King The Form of the Plea Vid. 1 Saunders 5. Jevens â—nd Harwich Vid. Keble Against Stat. 5 6 E. 6. c. 16. Of buying of Offices THE Office of Armourer is within that Statute Stiles Rep. f. 29. Hill and Farmer The
Anders 1 Rep. p. 4. A Bond forfeited by the default of the Obligor as a Surrender of a Term Vid. Poph. p. 39. Forth and Holborough Crook Eliz. 313. mesme Case The Condition was whereas Dr. Drury had let Land to the Defendant for 17 years if the Defendant or his Executors paid to D. G. a Stranger 10 l. yearly during the said 17 years if he or his Assigns shall and may so long occupy the Lands The Defendant pleads that he within five years surrendred the Lands to Dr. Drury Action lies for tho he surrendred yet as to a Stranger his Estate is not determined Condition insensible and uncertain THE Condition was upon Oyer That whereas the above bounden c. shall and will c. where the same should have been if the above bounden c. shall and will c. this per Cur. is a void Condition the same being insensible and not compulsory as it ought and so the Obligation is single 2 Bulstr 133. Marker and Cross If an Obligation be made by A. to B. with a Condition that A. shall keep B. without damage against J. S. for 10 l. in which the Obligee is bound to the Obligor this Condition is void and the Obligation single So if A. be bound to B. with a Condition to save him harmless and doth not say for what or against whom 39 H. 6.10 1 Sanders p. 65. Butler and Wig. The Condition of c. is such That if c. then the Condition of this Obligation shall be void the last words are insensible and void and the Condition is good though these words then this Obligation shall be void had been left out 2 Sanders 78. Maleverer and Hawksby Condition Copulative A Condition that if the Plaintiff enjoyed such Land till the full age of J. S. and if J. S. within a month after his full age made assurance to the Plaintiff of the same Land that then c. The Defendant pleads J. S. is not yet of full age and because he did not answer whether he had enjoyed it in the mean time and the Condition is in the copulacive it was adjudged pro Querente Crook Eliz. p. 870. Waller and Croor If the Condition be in the copulative and it is not possible to be so performed it shall be taken in the disjunctive as if he and his Executors shall do such a thing this is in the disjunctive because he may not have an Executor in his Life so if he and his Assigns shall sell certain Lands 1 Rols Abridg 444. A Condition to make Assurance of Land to an Obligee and his Heirs and after the Obligee dies it must be made to his Heirs the Copulative shall be intended a Disjunctive 1 Rols Abr. 450 451. Horn and May. Condition Disjunctive IF a Man be bound to perform all the Covenants in an Indenture if all are in the affirmative he may plead generally performance of all but if any be in the negative he ought to plead to them specially and to the rest generally So if any of them are in the Disjunctive he may shew which of them he had performed and if any are to be done on Record he ought to shew this especially Doct. pl. 58. Co. Lit. 303. b. The Condition was if he paid the Rent reserved at the Feasts mentioned in the Lease or within ten days or within six months according to a later agreement that then c. The Defendant pleads the Indenture verbatim and that he hath performed all the Covenants Payments and Agreements contained in the Indenture secundum formam effectum Indenturae Conditionis praed it is ill for he cannot plead payment generally for he hath Election to pay it at which of those days he will Crook Car. 421. Horn and Barber If the Condition be in the disjunctive he need not to answer but to one generally and that is true where the Condition goes in defeasance of the Obligation Aliter where the Condition not being performed makes the Obligation good there the Disjunctive ought to be perform on both parts per Brian 4 H. 7.12 c. Upon intention of Marriage If Abigail survive J. S. and if she do not receive within two years after the death of J. S. 200 l. either by his last Will or by the Custom of London that then the Obligor shall pay to the said Abigail within one year after the said two years 100 l. Abigail survived J. S. and she died deins two years after his death per Cur. pro Def. For Abigail dying within the said two years it became impossible that this part should be performed by the Act of God and therefore the Obligor is not bound to perform the other part Jones 171. Wood and Bates Palm Rep. 513. mesme Case 9 El. Dyer Elin and Laughter 1 Rolls Abr. 451. Wood's Case Contra ideo vide The Condition when the Obligor should come to his Aunt he would enfeoff the Obligee or the Heirs of his Body and the Obligee when the Obligor came to his Aunt requested him to enfeoff him which the Obligor refused to do the Obligation is forfeited For though the Condition was in the Disjunctive and the Condition is always for the benefit of the Obligor yet because he was alive when the Obligor came to his Aunt and it was not possible to enfeoff his Heir therefore he ought to perform such part of the disjunctive that then was possible 21 Ed. 3.29 b. cited 5 Rep. 112. Mallorys Case A Condition if the Obligor pay so much Mony then the Obligation to be void or otherwise it shall be lawful for the Obligee to enjoy such Lands The Defendant pleads enjoyment the Plaintiff demurs adjudged pro Quer. the words concerning the Land being idle Siderfin p. 312. 2 Keble 131. Ferrers and Newton 117. Condition disjunctive Election of Obligor Obligee COndition if he paid to A. or his Heirs annually 12 l. at Michaelmaâ— and Christmas or paid to him or his Heirs at any of the said Feasts 150 l. then c. and demurs because the Obligor hath any time to pay one or other and that there is not any breach as long as he liveth so Action is brought before breach sed per Cur. though the Obligor hath Election yet he ought to pay the 12 l. yearly till he pay the 150 l. and because he hath not alledged payment of the one or the other the Bond is forfeited Cro. Jac. 594. Abbot and Rookwood and he hath lost his Election 2 Rolls Rep. 215. mesme Case Condition if Obligor before M. make a Leâ—se to the Obligee for 31 ans if A. will assent and if he will not then for 21 years c. A. will not assent the Lease for 21 years ought to be made before M. Dyer 18 Eliz. 347. 1 Rolls Abr. 446. Condition to enfeoff the Obligee of D. or S. Obligee hath Election 18 Ed. 4.17 b. So if it had been upon request or to pay 20
was If Tenant in Tail of the Mannor of D. be bound in a Recognizance to J. S. which Recognizance after comes to the King by the Attaindâ— of J. S. of High-Treason and after Tenant in Tail dies and the Issue in Tail alien the Lands bona fide whether the King may extend the Lands in the Hands of the Alience It was resolved That if Tenant in Tail become indebted to the King by Judgment Recognizance Obligation or other Specialty and dies before any Process or Extent and the Issue in Tail alien the Land bona fide this Land shall not be extended by force of this Statute And also that in this Case in as much as the Debt was originally due to a Subject it is not within the Act to charge the Lands in the possession or seisin of the Heir in Tail or of his Alience for this Act extends only to Debts immediately due to the King originally and not to those which accrew to him by way of Assignment Outlawry Attainder Forfeiture Gift of the Party or any other collateral way 7 Rep. 21. Lord Andersons Case The Statute of 7 Jac. makes Assignments of Debts void other than such as grow originally to the Kings Debtor bona fide it restrains Assignments of Debts which are not due to the Debtors themselves but assigned to or by them to other Persons The purport of this Law was That no Debtor of the Kings should procure another Mans Debt to be assigned which was a common practice but a Man may assign his own Debt tho not to his own Use for what he may himself release and discharge by the same Reason he may assign as B. was bound to C. in a Stat. of 2000 l. C. dies Intestate his Wife administers and marries F. F. with others became bound to the King in 6000 l. F. and his Wife by Deed enrolled in Cur. Ward assign the Statute to the King by payment of the 6000 l. the Assignment was good Hob. p. 253. Brediman and Coles Cro. Hill 16 Jac. p. 524. id Case A Duty which is not naturally a Debt but by circumstance only as Debt upon Bond for performance of Covenants or to save harmless may be assigned over to the King for Debt yet a present Extent shall not issue but a Scire Fac. 2 Leon. p. 55. Beaumounts Case Debt against one as Executor and upon fully administred pleaded it was found pro Quer. who assigned the same to the King 2 Leon. p. 67. Noons Case M. indebted to S. by a Note in writing per me but not sealed such a Debt may be assigned to the Queen 3 Leon. 234. March An Obligation may be assigned to the King sans Deed enrolled 3 Leon. p. 234. South and Marsh 21 H. 7.19 Where the King sues for a Debt assigned to him the Obligor cannot plead nil debet for by the Assignment it s become matter of Record ibid. An Obligation forfeited to the King by the Statute 28 Eliz. c. 8.1 Q. if the King may grant before Seisure 2. There are two Obligees and one forfeits Q. if the King shall have all the Bond 1 Rolls Rep. p. 7 12. Jac. B. R. Cullan and Bets. In Assignment of a Bond to the King the â—ead shall only be liable from the time of the Assignment but in Assignment of a Recognizance or Statute the King shall have the Land at the time of the Judgment rendred Lit. Rep. p. 125. Roy versus Hanton By the grant of bona catalla an Obligation passeth i. e. Paper and Wax yet the Grantee may not have Action upon this for that is not transferable Lit. Rep. 87. Dyer 25 H. 8.5 If a Debt be assigned to the King in this Case no priority of Execution 1 Brownl 37. A Condition to save harmless for assigning a Bond vide the Form Bridgmans Presidens Clark was indebted to A. by Bond and after delivers to Andrews certain Hogsheads of Wine to satisfie the said Debt and afterward Clarks Obligation is assigned to the Queen for A's Debt Per Cur. the property of the Goods by the delivery of them to Andrews before the Assignment was altered 2 Leon. 89. Bridget Clarks Case A. was indebted to B. who was indebted to the Queen B. assigned his Debt to the Queen by all the Barons Process shall be awarded out of the Exchequer to enquire what Goods A. had at the time of the Assignment and not what he had tempore scripti praedict fact 3 Leon. 196. Obligation Of Creditors in respect of Statute of Bankrupts and Assignments OSborn and Bradshaw were Sureties pro Churchman and had Counterbonds to save harmless the Sureties paid the Mony and afterwards Churchman became a Bankrupt Resolved that they were Creditors within the Statute 13 Eliz. Cro. Jac. 127. Osburn versus Churchman If an Obligation be taken in the Name of another to the use of a Bankrupt the Commissioners may well assign that unless the other party hath of his own Mony satisfied Debts due by the Bankrupt Noy p. 142. Caâ—â—hman's Case Debt sur Obligation assigned by Commissioners of Bankrupts and doth not shew the Obligation he need not because he comes in by act of Law and hath no means to obtain the Obligation As Tenant per Statute Merchant or Dower shall have advantage of a Rent Charge sans shewing the Deed. Cro. Jac. p. â—9 Gray and Fâ—â—lder R. is indebted to S. and B. joyntly S. becomes a Bankrupt and the Commissioners assign the Obligation to B. Q. 1 Keb. p. 167. Roylston and Ratcliff If I am bound to J. S. and he before Bankrupcy assigns the Bond this is liable to the after Bankrupcy of J. S. being only suable in his Name 2 Keb. 331. Backwell versus Litcott In Debt sur Bond the Defendant pleads before Action brought the Plaintiff became a Banrupt Per Cur. it 's an ill Plea and until an Assignment made the Debtor is defenceless and payment before Commission sued out is good enough and so it is before his Debt be assigned 3 Keb. 316. Andrews and Spicer In Debt sur Obligat the Defendant pleads that it was in trust for Holt who was a Bankrupt virtute Commission ' c. this Debt was assigned to Ashly and Penning aliis Creditoribus The Plaintiff replies It was not assigned The Defendant demurs specially for doubleness The Court conceived the Bankrupcy traversable as well as the Assignment yet the Issue is well enough 3 Keb. 737. Jones and Bolton Condition to give account to the Creditors c. 1 Keb. 815 843. Selby versus Walker The Disposition by Commissioners of Bankrupts saves the forfeiture of the Obligation 2 Keb. 202. in Robin's Case I shall here subjoyn some things respecting Matters of Tort as Forgery Detinue c. of Obligations Forgery IF a Man forge a Bond in my Name I can have no Action of the Case yet but if I am sued I may tho' I may avoid it by Plea But if it were a Recognizance or Fine I shall
Mony in lieu of a Joynture 3 Cl. g. 308. To save harmless where one attorns Tenant with a Covenant to grant a Lease when the Premisses are setled in the Obligee Id. 157. To procure a Lease for years in consideration of a Sum of Mony given Cl. V. m. 387. To repay mony on misliking of a Bargain Id. 396. Other Special Conditions TO maintain one for life Fidel. 24. If a mans Wife shall out-live her Husband not having Issue of her Body and that the Husband shall have received 300 l. her Portion that the Wife shall make her Will of 100 l. and that the Executor of the Baron shall pay it according to the Will Id. 25. A Condition that one nor his Family shall become chargeable to a Town Id. 26. Sh. Presid c. 4. Sect. 27. A Condition where a man is to marry a Woman Widow who was Executor to her former Husband that the party which is to marry shall pay 100 l. to one of her Children according to the Will of her former Husband Fidel. 23. A Condition to pay 200 l. within two Months after one shall use the Trade of a Barber Id. 35. That whereas three are bound to J. for several Sums of Mony if any of the Obligors die before the same shall be due that the survivor will upon request become bound with new Sureties for such of the Mony as shall be then due Id. 36. That whereas one as Factor to two men takes Goods to sell and after sale of them doth account with one of the parties and with the Assignee of the other and payeth the Mony remaining of the Sale to the one Partner and to the Assignee of the other who makes several Acquittances to the Factor that they will free him from all Actions c. to be brought against him by the other Id. 37. Cl. Vad. m. 530. 1 Cl. guide 17 186. 2d Part 188. A Condition for an Apprentices Truth and to restore what shall appear on Proof imbezelled Fidel. 30. Shep. Presid cap. 4. sect 17. If the Obligee deliver to the Obligor a true Note of such Mony as he owes for Wares and to whom the same is owing that the Obligors will pay all such Sums Fidel. 33. That whereas one is lawfully assigned Guardian to an Infant by the Commissary for the recovering and receiving of a portion of Goods and hath received of the Register 5 l. Decreed by the Commissary to the Infant that at the age of the Infant the Guardian shall pay to the Infant the 5 l. and shall save and keep harmless the Bishop Commissary and Register Idem 40. A Condition to be entred in Chancery upon the taking out a Commission of Bankrupcy Id. 34. This Bond to be entred in to the Chancellor A Condition that whereas an Administrator hath delived into the hands of the Guardian of an Infant 800 l. that the Infant at her full age shall give an Acquittance to the Admistrator c. Id. 34. Bond from the Creditor to save the Commissioners harmless Id. 171. Condition not to release a Statute Compleat Cl. 314. Not to revoke a Letter of Attorny made by the Obligor Id. ib. Bond for the good Behaviour Id. 315. Not to sue for Lands or Goods Id. 316. Not to claim a Child's part Id. ib. For the Truth of an hired Servant Compleat Clerk 317. For delivery of Wheat Id. 318. That one shall account for and pay the Proceed of Mony lent to Trade with Idem 319. Not to release a Letter of Attorney Id. ibid. That a man shall leave to his Wife at his death so many Goods Id. 320. Not to impeach an Extent Id. ib. To deliver Writings up upon payment of a sum of Mony Id. ib. That the Obligor shall justifie such Actions as the Obligee shall commence Idem 322. That a Bayliff of an Hundred shall duly execute his Office Id. 323. A Condition in case of Divorce or Separation where the man and wives Friends are bound for not intermedling one with another Id. 327. That a Woman Divorced shall not make claim to her Husbands Lands or Goods Id. ibid. To make a General Release Id. 330. To procure a Surety to seal a Bond Idem 331. To redeem a Pawn by a day or lose it Id. 331. For payment of Mony to Orphans Idem 332. To save harmless Shepherds Presid c. 4. sect 17. To keep a Child Id. c. 4. s 17. To make a Joynture Id. ib. To lay out a Marriage-Portion Idem cap. 3. sect 40. To repay part of it if she dye Id. ib. To give Dyet Id. ib. c. 4. s 17. To leave so much to his Wife Idem cap. 3. sect 40. That his Wife shall have leave to make a Will Id. ib. That if he sell her Land he shall buy as much again Id. ib. That if Land be not of such a Value it shall be made up Id. ib. To give so much by his Will Id. ib. To perform a Will Id. c. 3. To procure a Release Id. c. 3. s 39. To keep or breed up a Child Id. c. 3. sect 36 40. A Condition to make an Apprentice free of the City of London at the end of his Apprenticeship 1 Cl. guide 34. A Condition for the Truth of an Apprentice and to restore the value of all such Goods as by Proof shall appear he hath imbezelled Id. 2â—4 A Condition to ackowledge satisfaction on a Judgment 2 Cl. g. 90. A Condition to find one his Dyet by the year 1 Cl. g. 158. A Condition to discharge the Church warden and Parishioners of a Bastard Child 1 Clerks guide 158. To save harmless from a Recognizance taken for ones Appearance Id. 164. To save one harmless for the Bailing of one in two several Actions Id. ib. A Condition concerning Marriage Idem 16. To deliver Hay and Oats at a day Idem 161. from Legacies Id. 189. To justifie all such Actions as shall be commenced by reason of a Letter of Attorny Id. 197. Condition to save harmless from a Letter of Attorny Id. 199. Condition not to molest or sue for any Matter or Cause before past â— Clerks guide 86. To seal a Counter-part by a day Cl. guide 190. To deliver an Obligation by a day Idem 191. Condition where Mony is given by a Will to a Wife and her Children and the Mony being paid by the Executors to the Husband to be employed for their benefit the Husband is bound to employ it well Id. 194. A Condition to save harmless an Executor he not medling with the Executorship Id. 195. A Condition to discharge an Executor from an Orphans Portion in London being received without consent 1 Cl. g. 196. To justifie all such Actions as shall be commenced by reason of the Assignment of a Bill Obligatory Id. 197. â—ondition for the Truth of an hired Servant Id. ib. Condition to discharge Executors from the payment of Legacies to Non-ages Idem 198. To save harmless from a Letter of Attorny Id.