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A86255 The modern assurancer, or The clarks directory. Containing the practick part of the law, in the exact formes and draughts of all manner of presidents for bargaines, and sales, grants, feossments, bonds, bills, conditions, covenants, joyntures, indentures; to lead the uses of fines and recoveries, with good provisoes, covenants to stand seised, charter-parties for ships, leases, releases, surrenders, &c. And all other instruments and assurances now in use: intended for all young studients and practizers of the lavv. / By J.H. With an exact table wherein may be found the principall matters therein contained. Herne, John, fl. 1660. 1658 (1658) Wing H1573; Thomason E1825_1; ESTC R209811 252,283 306

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paying half the debt ib. To pay money taken up by Exchange upon rechange thereof at London 52 To make assurance of Copyhold-Lands Rent free ibid. For sealing an Obligation by a third party two having sealed 53 To save harmlesse a womans Joynture ibid. Another to the like effect 54 Another to the like effect ib. That an Apprentice shall account c. answer what his Master shall lose by his untruth 55 For quiet enjoyment of a house upon sale of a Lease thereof 56 That if a Mortgage be forfeited it shall remaine to the Mortgagee free from Incumbrance 57 For discharging of Incumbrances or sale of a Lease by poll Deed 58 For making a Voyage to Venice and returning with expedition 58 For two Administrators during a Minority each saving the other harmlesse 59 Vpon a Letter of Attorney for recovering debts with clauses that the Constitutor shall not revoke but avow the Actions and shew his Book to prove them 60 For redelivery of Silver wrought into Plate of such forme as shall be appointed 61 For repaying a Legacy received of the Executor shall pay debts yet concealed 62 For one Partner having the Trade and receit of debts his paying the other Partner a moyety ibid. For leaving his Son his Childs part 63 For paying the remainder of a Childs part where part is paid before ibid. For saving one harmlesse who delivers a gold Chain fearing to be put into the Exchequer 64 To put in Sureties to the Chamber for a summe delivered thence to another hand 65 To procure new Sureties in the Chamber to discharge a Surety already bound if he request it ibid. For assuring a Parsonage to a Clark presented against them that can claim former Presentments 66 For ones forth coming when called for 67 For not doing prejudice on a Bond in the name of both parties 67 For justifying a Letter of Attorney 68 That the Constitutee in a Letter of Attorney shall receive the money to his own use 69 Another on a Letter of Attorney ibid. For paying money upon an Act Executory 71 Between two Executors for paying half the Legacies and debts and having half the best of the Testa●ors goods ib. To make one free by a day and that in the mean time he shall take the benefit of his own labour 72 For saving harmlesse the reputed Father from keeping a Bastard 73 For making good an Account if on further examination it prove faulty ibid. By a Jaylor for saving the Sheriff and under-Sheriff harmlesse 74 For one that hath received his Childs part not to make further claim nor trouble his Fathers Executors c. 76 Not to challenge Contract of Matrimony nor trouble any person the Obligee shall marry 77 To confesse an Action in one of the Counters by a day ibid. For a Baylifs due executing of his Office and accounting 78 To make a woman a Joynture and deliver the writing thereof to her friends 79 By such as have portions forth of the Chamber of London for the paying for the Education of the Children ibid. For repairing a moyety and performing the Condition of the Recognizance where two have money forth of the Chamber 80 For paying Rent and voiding on warning on a Lease at Will 82 For a Silver-workers re-delivery of Silver wrought in fashions prescribed alwaies within a certain time 83 For procuring a grant of an Outlawes Goods by a day 83 For taking one in execution on a Stat. by a day 4 Not to become Surety nor play at Dice or Cards 85 In case of Divorse where the man and wives Friends bind themselves not to intermeddle 85 For quiet enjoying and discharge of Incumbrances c. on sale of Land passed by Feoffment 86 Another like Condition 88 For saving harmlesse from Obligations and delivering them up or acquittance for them 89 To pay for such Wares as shall be delivered from a Tradesman in London to his Chapman elsewhere ibid. For repayment of money on request for paying certain interest yearly during the Obligor having the principall towards Childrens maintenance and for renewing sureties in case of their death or decay 90 Vpon an Indenture of Partnership 92 Another to the same effect ib. For sealing a Lease annexed to the Obligation by a day 93 For enjoying land for ever and that an heire shall make further assurance when he comes of age 94 That a Trustee in purchase of copyhold-Copyhold-land shall surrender on request 95 Vpon a Deed of Feoffment ib. For saving harmlesse from or cancelling an Obligation by a day 97 For answering back a Fine per rate if the Tenant will surrender his Lease before the end ib. For saving harmlesse from a Recognizance for Childrens portions 98 For saving Executors harmlesse from Legacies delivered to the Obligor for the Legatees use and for repairing a rateable part if the Over-plus of the Testators Goods will not satisfie his debts 99 To release all charges given by sentence in the Spirituall Court 101 To release charges to be adjudged in the Spirituall Court and not to revive a Suit of Matrimony against the Obligee nor trouble him in that behalf 102 For redeeming a Lease mortgaged if the Mortgagor redeem it not by the day 103 That an heir shall make a Lease when he comes of age 104 For leaving a Wife a Joynture 105 Vpon a Release of a Contract of Marriage 106 For paying money on request ib. By a Baker to a Scavenger for ridding the streets ib. To save a Merchant harmlesse that hath taken up money at double Vsance for the Obligor 107 For the Vendor paying a rate for every acre that shall be recovered against the Vendee and to satisfie or discharge Incumbrances that shall appear 108 Not to revoke a Letter of Attorney but save harmlesse the premisses from Incumbrances and make further assurance c. 109 For Childrens portions in the Chamber of London 110 On a Letter of Attorney upon a Bond not forfeited 112 The like on a Letter of Attorney for recovering divers debts 113 To deliver Saffron 115 To deliver Corn ibid. To deliver Corn at divers daies ib. For delivery of Tynne 116 Covenants In a purchase that the Vendor repay the Vendee a summe for such part as the Vendee shall be evicted of 133 For the Vendees distraining other Lands for Tythes to be recovered against him in respect of the Land he purchased 136 That if a tenant be distrained for a rent charge he shall retain his own rent for recompence 181 One common Joynture in free-hold and copy-hold 116 Between the fathers of a man and woman to be married for allowing them money and lands and more at death 118 For safe custody of a Lease amongst divers Interessed 122 Touching a Recognizance for the Cognizees extending the land at request of the purchaser and to convey over the interest growing thereby 126 To make assurance of lands to uses conditioned that the uses interst shall determine if he go about to discontinue 128
performance of such Covenants as the said I C. shall for the performance of the Covenants comprised in these presents be bound in which Lease and Bond shall be made at the costs and charges of him her or them that shall and will take the benefit of the same Lease and if she or they which shall come to the lawfull possession hereof by reason of any of the waies or meanes afore recited do not surrender in his or their interest in the old and take a new as aforesaid Or else do refuse to enter into Bond as aforesaid for the performance of such Covenants as the said I. C. shall for the performance of the Covenants comprised in these Indentures be bound in that then the Lease to be void and re-entry c. VVills A Clause in a Testament to enable an Executor to sell his Testators Lands ITem I will and ordaine that the Executor of this my Testament or his Executor or Executors Administrator or Administrators for and towards the performance of my said Testament within the space of foure yeares next after my decease shall bargaine grant alien and sell away in Fee-simple all those my Lands c. for the doing executing and perfect finishing whereof I do give grant will and transfer by these presents to my said Executor and to his Executors and Administrators full and lawfull power authority right and title and interest to grant alien bargaine and sell and also to convey and assure all my said Lands c. to any person or persons and to their Heires for ever in Feesimple by all and every such lawfull way and means in the Law and otherwise as to my said Executor c. or to his or their Learned Councell shall seem meet and reasonable Releases An Indenture testifying the payment of a summe of money according to a Condition contained in a Deed of Feoffment for making void of the same Feoffment THis Indenture witnesseth That whereas heretofore J. W. B. then of H. in the County c. Gent. by my Deed indented bearing date the twelfth day of September in the yeare c. did enfeoffe my Brother F. B. J. B. and R G. Husbandman and one N. L. Gent. deceased of and in all that my moyety of the manner of H. with the appurtenan in the County of H. with all those my Lands Tenm Rents Reversions and Services being parcell of the said Mannor of H. or thereunto belonging and all other my Messuages Lands Tenements Rents Reversions Services and Hereditaments in H. aforesaid to such use and uses as in the said Feoffment are specified with this Proviso notwithstanding that if I the said W. B. or mine Heires at any time hereafter should pay or tender to pay to the said F. B. N. C. I. B. and R. G. or to any of them or to the Heires of the Survivor of them ten shillings of c. then declaring or to them signifying mine intent then to be to have againe that my moyety of the Mannor aforesaid and all and singular the premisses in mine ●old state that then immediatly and from thenceforth my said former Writing Deed and Feoffment should be void and of no force any thing in the same to the contrary notwithstanding as by the same former Deed indented more plainly may appeare Now be it known that I the said W. B. minding to make the said former Deed indented and Feoffment aforesaid cleerly void have for that purpose according to the tenor of the said Proviso paid to the said I. B. on the day of the date of these presents ten shillings of c then declaring and signifying and by these presents now declaring and signifying to my said Feoffees now living and to every of them that mine intent then at the payment of the said ten shillings was and now is to have againe that my moyety of the Mannor aforesaid and all and singular the premisses in mine old estate that is to say in such estate as I had thereof before I made the said former Deed And that now from henceforth the said former Writing Deed and Feoffment shall be void And I the said I. B. do knowledge that I had received the said ten shillings at the hands of the said W. B. as aforesaid and heard him declare his intention to be by the payment thereof as is aforesaid and also we the said F. B. and R. G. do take notice thereof and knowledge our consent thereunto by these presents to both parts whereof as well I the said W. B. as the said F. B. I. B. and R. G. have set our Seales given c. Surrenders A Surrender Conditionall by Tenant for terme of life to him in Reversion for a Recovery to passe THis Indenture c. between c. witnesseth That whereas the said A B. now hath and holdeth divers Lands Meadowes Pastures and Commons scituate c. of an Estate for terme of his naturall life under a certaine yearly rent by vertue of a Lease thereof unto him made by Indenture the reversion thereof to the said H. S. and his Heires appertaining Now this Indenture witnesseth that the said A. B. for divers good causes c. doth by these presents surrender and yeild up unto the said H. S. all the Estate and Interest of the said A. in and to the said Lands c. upon condition neverthelesse that if the said H. S. his Executors administrators or assignes do not or shall not well and truly pay or cause c. to the said A. the summe of five hundred pounds of c. on the c. at the c. that then and from thenceforth this present Deed of Surrender shall be utterly void and of none effect and then the said A. B. to have againe the said Lands c. as in his first and former Estate any thing to the contrary c. And the said H. S. for him c. doth covenant c. for the Tenants enjoying till the day in the Condition mentioned A Surrender by two Tenants for life to him that hath the Reversion THis Indenture c. Between Sir E. L. of c. and R. F. of c. and T. F. of c. of the one part and S. H. and M. his wife of the other part witnesseth That whereas the said Sir E. L. and R. F. by force and meanes of good and sufficient conveyance and assurance in the Law are and do stand lawfully seised in their Demesne as of Freehold for and during the terme of the naturall life of the said T. F. of and in all that the Farme c. the immediate remainder or reversion of the said Farme to the said S. H. and M. his wife and the Heires of the said M. belonging and appertaining Now the said Sir E. L. and R. F. at the request of the said T. F. to them in this behalf made and for divers and sundry good and reasonable causes c. them in this behalf moving have granted and
surrendred and by these presents c. unto the said S. and M. and to the Heires of the said M. the said Farme c. And all the estate right title interest claime and demand of the said Sir E. and R. and either of them to of or in the said Farm c. and every or any part or parcell thereof To have and to hold all and singular the premisses with the appurtenances to the said S and M and the Heires and Assignes of the said M to and for the proper use and behoof of the said S and M and of the heirs and assignes of the said M for ever And the said Sir E L for him c. covenanteth c. that the said S and M and the Heires and assignes of the said M shall or may from time c. hereafter lawfully c. have hold occupy possesse and enjoy the said Farme c. and all the Rents Issues Revenues and Profits thereof or thereby from time to time coming growing arising or renewing to perceive receive take and enjoy to their own proper use and behoof for ever as well free and cleerly discharged c. of for and from all and singular former Bargaines c. had made c. or to be had made c. by the said Sir E. As also without any let c. The like Covenant by R F. In witnesse c. Testimonialls A Testification of having the assignment of a Lease in trust where it is set over to be saved from drowning by purchase of the fee simple TO all c. H. B. of L. Haberdasher and S. H. of L. aforesaid Draper send greeting Whereas W. N. of B. in the County of E Gent. by his poll Deed bearing date c. Hath conveyed bargained sold assigned and set over to us the said H. and S. those two severall Indentures of Lease whereof the one beareth date c. and the other beareth date c. made to the said W. N. by M. B. Gent. of all the marsh-grounds c. As by the said Deed of the said W N more plainly and at large may and will appear Know ye that we the said H and S had the same conveyance bargain sale and assignment to us made as aforesaid only in trust to be used and imployed from time to time at the appointment will and pleasure of T. M. citiz Haberdasher of L with whose only money the said Leases were purchased and to us the said H S conveyed as aforesaid and not otherwise or in any other manner whatsoever which Leases and conveyance we have therefore on the day of the date hereof delivered into the custody of the said T S by him his heirs and assignes to be preserved or annihilated at his or their pleasure binding our selves and premising for us our heirs executors and administratos by these presents That we and the survivour of us his executors and administrators shall and will grant and convey bargain sell and set over the said Leases and either of them and all our estate title and interrest of in and to the said marsh grounds and other the Premisses at all times hereafter when as the said T. S. his heirs or assignes shall require the same to such person or persons as the said T. S. his heirs or assignes shall in that case nominate and appoint In witnesse A Writing or Testimoniall certifying the paiment of a summe of money according to a Condition contained in an Indenture for making void of the same and uses therin contained BE it known that on the day of N. in the year c. in the forenoone of the same day W B the elder citizen and Mercer of L. was living and then being personally present in the Chappell in W London called the Me●cers Chappell with his own hands the same day in the same Chappel did pay to the proper hands of W B the younger natural son of the said W. B. the elder the summe of 100 l. of lawfull c. at one entire payment according to the tenor purport and effect of one pair of Indentures made between the said W B on the one part and A B. C and D. naturall sons of the said W B the elder on the other part And bearing date c. which said summe of one hundred pounds the said W B the younger had and received accordingly And then and there the said W B the elder did plainly and openly declare that he did so pay the said summe of one hundred pounds to the intent that according to the condition contained in the said indentures the same Indentures for all the lands tenements and hereditaments therein specified from henceforth should be and remain to the use of the said W B the elder his heirs and assignes for ever and to none other use or uses And to the intent also that from thenceforth the said W the elder his heirs and assignes and all other person and persons and their heirs seised or to be seised of or in all that Messuage c. and all singular other lands tenemnts and hereditaments in the said Indenture specified or of every or any part thereof should from thenceforth stand and be thereof and of every part thereof seised to the onely use of the said W the elder his heirs and assignes and to none other use uses or intents any thing in the said Indentures expressed or thereupon to be construed to the contrary in any wise notwithstanding Whereupon we A B C D and E F which were present with the said W B the elder in the Mercers Chappel aforesaid when and whilest as he did with his own hands there pay the said summe of c. of lawfull c. unto the said W. the younger in manner and form abovesaid being called and required by the said W B the elder to bear witnesse of the said payment and other the Premisses for testimony of the truth in this behalf to all to whom it doth and may appertain have hereunto with the said W. B. the elder subscribed our names and set our seals Given c. Uses An Indenture to lead the Vse of a Recovery to strengthen a Lease of Land in London made by a Tenant for life and the Tenant in tail in remainder THis Indenture tripartite made c. Between L H of L. widow late wife of T. H. of L. Gent. deceased and before that the wife of C. W. late citizen and Merchant-taylor of L. deceased and C W of L. Gent. son of the said C W deceased and of the said L. on the first part And E D of L. Gent. and R W citizen and Gold-smith of L. on the second part And T P of L. Draper on the third part witnesseth Recitall of the Lease that where the said L H and C W the son by their indenture of Lease bearing date the first day of this instant moneth of February for the considerations therein mentioned Have demised granted betaken and to
Deputations IN a License to transport cloth continuable till the deputie shall have levyed a debt owing to him by the constitutor 140 In a License for planishing of plate with an annuity granted for the same 144 In the moyetie of License for byuing and bringing in of fish 146 Indentures raising uses c. FOr acknowledging a fine by a man and his wife to exclude her from her dower in lands leased by him after their marriage 161 For making two possessed of a Lease Tenants in common to prevent survivorship 164 To lead the use of a Recovery to strengthen a Lease made by tenant for life and he in taile in reversion 265 For raising uses in land with condition to alter the same at pleasure 267 Leading the use of a fine after the fine acknowledged 268 Leading a fine to the use of the Cognizor 270 For suffering a Recovery to sundry uses with provision that the intaile be not altered 271 Indenture of Covenants to raise uses conditioned the Vsees interests to be void if he discontin 128 Joyntures A womans Joynture in land 149 Indenture for a womans Joynture 150 A Joynture with clause of being void if she seeke her dower 152 A Joynture in land passed by Recovery with clause for making good of Leases to be made by husband and wife 157 For assuring a womans Joynture 160 A Joynture before marriage 169 A Joynture in free-hold and copy-hold with divers covenants 116 Leases TO a woman so long and often as she shall continue in widowhood 166 To them that assured land for certain payment of an Annuity 167 Vpon condition of being void on the Lessers paying the Lessees such money as he owes them or they as bound for him or when they shall be satisfied by the profits 168 Of a Brewhouse by fine with a Demise of Implements to be redeemed or answered at the end of the term 171 Another Lease to strengthen the former of a Brewhouse ib. Of Tinne work for securing a summe of money 177 For an hundred years deseazable on paying a summe of money 179 Of an house in London 181 An Vnderlease binding the tenant to pay the rent and perform the covenants in the Grand lease with liberty to the Lessor to resume the things letten if he be minded 184 A Lease to two in common 188 Of a Mannor in reversion 191 Of an house in London on condition to be void for nonpayment of money at times appointed 196 A Lease with condition not to set or let 199 By a Bishop for three lives with a Leter of Attorney to deliver possession 200 A very good Lease for an house in London 204 A Lease for a thousand yeares without payment of wast with divers good covenants 208 By a Company in London of an Inne c. 208 A Lease in London where to abate duties to the Parson part of the rent is taken up by way of fine 213 A like Lease the rent being payable by way of Annuity 217 For a thousand yeares conditionally for a summe c. 218 Of a Parsonage with good covenants 220 Of an house in London acknowledged before the Recorder c. and inrolled in the Hustings 223 Of a Shop by the Church-doore by the Parson and Church-wardens with condition not to let without consent 224 Of the customes and impost Wines in a Port with an agreement to constitute a Deputy to recover the profits 226 Of a house in Lond. in reversion after an estate for life 228 Of old housing to be plucked down and re-built by the Tenant 231 A re-demise of one Lease conditioned for quiet holding another from the same party 235 By an heir forth of possession to the end he may recover the Premisses 237 By the Queen of certain hundreds with a grant of the Offices of Steward and Bailiff in same 239 Letters of Attorney UPon an Obligation not forfeited 111 To deliver possession 200 Licenses By a Lord to his Copyholder to pull down houses on his land 249 To let and set where a Proviso is in a Lease to the contrary 242 Mortgages OF a Lease with good covenants ibid. Of a Lease to save harmlesse from a bond binding the Mortgagor to perform the condition 245 Partners See in Title Charter-party AN Indenturee between partners being to gather the former shopkeepers debts pay them to his Executor 4 Between two owners of a shop for fetching salt and delivering it to a Merchant in Dublin and the Merchant to pay a summe for the same 134 Provisoes A very substantiall Provisoe barring a man and his Executors not to make away a Lease unlesse the Lessee take a new one 248 Releases OF a moyety in the Lease between the Joynt-tenants thereof to prevent Survivorship 164 Testifying the receit of a summe of money and making void a Deed of Feoffment 250 Surrenders COnditionall for life to him in Reversion for a recovery to passe 251 By two Tenants for life to him in Reversion 252 Testimonialls Declarations c. OF a Trust in a Lease 253 Certifying the payment of money according to a Condition in an Indenture for making void thereof 254 To defeat Vses according to a Proviso 261 Of payment of a summe of money to alter Vses c. 267 Uses AN Indenture to knowledge severall recoveries of land in severall Counties to sundry Vses 274 An Indenture to lead the Vse of a Recovery 277 Wills A Clause in a Will to enable an Executor to sell his Testators Lands 249 FINIS These Books are Printed for H. Twyford and are to be sold at his Shop in Vine-Court Middle-Temple in Fleetstreet THe Practick part of the Law or the Compleat Attorney The second part of the Practick part of the Law or the Lay-mans Lawyer Kitchins Jurisdictions of Courts Leet Courts Barons c. Plowdens Abridgment in English Abridgement of Lord Cokes Comment on Littleton Abridgement of Poultans Statutes at large by Edmund Wingate Esquire The Office and Duty of an Executor in 80. The body of the Law with a brief Summary by Edmund Wingate Esquire Richard Brownlow Esquire Prothonotary of the Court of Common Pleas. His Reports the first part His Reports the second part His Declarations and Pleadings in English His Judiciall Writs The twelfth part of the Reports of Sir Edward Coke English Fol. Judge Huttons Reports English Fol. Judge Owens Reports English Fol. The Epitomy of all the Common and Statute Law of this Nation now in force by Wlliam Sheppard Serjeant at Law The Marrow of the Law or a second part of the faithfull Counsellor by Sarjeant Sheppard Sir Robert Brook's Reading on the Statute of Limitations The Book for the drawing up of all manner of Judgements The Reading upon the Statue of Bankrups by John Stone Esquire The Conveyancers Light or the Compleat Clerk or Scriveners Guide containing exact Presidents of all manner of Assurances and Instruments now in use by the Learned Judges and Eminent Lawyers c. Collected by John Herne The Law of Conveyances