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A86941 The third part of the young clerks guide: or, a further collection of choice English presidents for indentures of settlement, of exchange, of bargains and sales, letters of attorney, declarations of trust, assignments, conditions, presentations, and sundry others of the newest forme. / Compiled by Sir R.H. and perused by a judicious practitioner, very useful and necessary for all.; Young clerks guide. Part 3 Hutton, Richard, Sir, 1561?-1639. 1659 (1659) Wing H3847; Thomason E1908_2; ESTC R209948 197,786 328

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the County of Es with their and every of their rights revenews members and appurtenances whatsoever and of all that the Rectory and Church of H. with the appurtenances thereof whatsoever General words and of all and singular Messuages Houses Edifices Barns Stables Dove-houses Back-sides Orchards Gardens Lands Tenements Meadows Feedings Pastures Commons Wayes Passages Wast-grounds Heaths Furze Moors Marshes Woods Under-woods Rents Reversions Services Tithes as well great as small and of all other Hereditaments whatsoever scituate lying and being growing arrising renewing and encreasing within any the Towns Parishes Hamlets Tithings or Fields of S c. in the said County of E. and in every or any of them or elsewhere to the said Mannors Rectory or other the premisses or any of them belonging or in any wise appertaining or therewith used and enjoyed by such name and names and under such number of Mannors Messuages Cottages and acres and in such sort manner and form as by the said E. Lord G. and I. S. their heirs or assigns or by their or any of their Council learned in the Law shall be reasonably advised devised or required The true intent and meaning of which said Fine and Fines so to be acknowledged and levyed of the said premisses between the said parties as aforesaid shall be and so shall be construed meant intended and adjudged to be to and for the use and behoof of the said W. N. and A. T. their heirs and assigns for ever To the only intent and purpose that they the said W. N. and A. T. shall and may stand and be full and perfect tenements of the Free-hold of the said Mannors Lordships and all and singular the premisses and of every part and parcel thereof with the appurtenances untill one or more perfect common Recovery or common Recoveries may be had and executed of all and singular the same premisses To suffer a Recovery against them the said W. N. and A. T. and their heirs according to the true intent and meaning of the said parties to these presents And that they the said W. N. and A. T. from and after the acknowledging and levying of the said Fine or Fines by the said C. Lord S. to them the said W. N. and A. T. in manner and form as aforesaid shall and will before the end of the said Michaelmas term next ensuing the date of these presents permit and suffer the said E. Lord G. and I. S. to sue and prosecute several Writs of Entry Sur disseisin in le post against them the said W. N. and A. T. of the said Mannors Lordships Lands Tenements Hereditaments and premisses and of every part and parcel thereof with the appurtenances by such name and names and under such number of Mannors Messuages Cottages and acres and in such sort manner and form as by the said E. Lord G. and I. S. and their heirs or by their or any of their Councel learned in the Law shall be advised devised or required into and upon every of which said several Writs of Entry Sur disseisin in le post so to be brought the said W. N. and A. T. shall personally appear And then immediately after their appearance and defence made shall and will in the said actions vouch to Warranty the said C. Lord S. and he the said Lord S. upon such vouchee of him to be made shall and will in the said actions so to be brought forth with Gratis and without Processe appear thereunto and enter into Warranty and vouch over to warranty the Common Vouchee to the end that the Common Vouchee may also appear and enter into Warranty and afterwards make default or depart in despite of the Court so that several perfect common Recoveries with double vouchers may be had prosecuted and executed in and upon the said several Writs of Entry Sur disseisin in le post in all things according to the usual and common order and form of Common Recoveries for the assurance of Lands and Tenements in such cases used of all and singular the said several Mannors Lordships and premisses before mentioned and of every part and parcel thereof with the appurtenances And that full execution and seizin shall be had and taken thereof accordingly And it is hereby covenanted granted concluded and fully and absolutely agreed on by and between all and every the aforesaid parties to these presents for themselves their heirs and assigns and it is the true intent and meaning of these presents and of all and every the aforesaid parties to the same that the said several Recoveries and the execution thereupon to be had shall be and so shall be adjudged deemed esteemed and taken to be and the Recoverors their heirs and assigns and every of them shall and will immediately from and after the Execution of the said Recoveries stand and be seized and be adjudged deemed esteemed and taken to be seized of all and singular the said Mannors Lordships Lands Hereditaments and premisses before mentioned and every part and parcel thereof with their and every of their appurtenances to and for all and every the several and respective uses behoofs intents and purposes hereafter in these presents mentioned expressed limited and declared And to or for none other use behoof intent or purpose whatsoever that is to say to the use and behoof of the said C. Lord S. and his Assigns for and during the term of his natural life without impeachment of or for any manner of wast and from and after his decease then to the use and behoof of the said D. L. and her assigns for and during the term of her natural life for and in the name of a Joynture of and for her the said D. And from and after her decease then to the use and behoof of the heirs of the body of the said C. Lord S. on the body of the said D. lawfully to be begotten and for default of such issue then to the use and behoof of the right heirs of the said C. Lord S. for ever And the said Right Honourable C. Lord S. for himself his heirs executors administrators and assignes and for every of them doth further covenant promise and grant to and with the Right Honourable E. Lord G. and I. S. their heirs and assigns and to and with every of them by these presents in manner and form following that is to say that he the said C. Lord S. at the time of the ensealing and delivery of these presents is lawfully and rightfully seized of and in all and singular the said Mannors Lands Tenements Rectory and premisses and of every part and parcel thereof with the appurtenances of a good sure perfect lawful and indefeasible estate in Fee-simple or in fee-Fee-tail to himself and the heirs of his body without any Reversion or Remainder in the Kings Majesty and without any manner of Condition or Conditions Mortgage Limitation of use or uses or other thing or things whatsoever whereby to alter change charge defeat
THE Third Part Of the YOUNG CLERKS GUIDE Or a further COLLECTION Of Choice English Presidents For Indentures of Settlement of exchange of bargains and sales Letters of Attorney Declarations of Trust Assignments Conditions Presentations and sundry others of the newest forme Compiled by Sir R. H. And perused by a judicious Practitioner very useful and necessary for all LONDON Printed for Humphrey Tuckey at the black spread-Eagle in Fleet-street over against St. Dunstans Church 1659. THE TABLE Indentures AN Indenture for revoking a bargain and sale if so much money be paid c. fol. 1 An Indenture of covenants to declare the trusts in a former bargain and sale the lands being to be sold for payment of debts 4 A Lease of a Parsonage impropriate for three lives upon surrender of a former Lease with extraordinary covenants and a Letter of attorney to deliver possession together with the execution indorsed 8 An Indenture to barre an estate taile 33 An Indenture upon marriage for setling lands to uses and a declaration of a fine levied to those uses 44 An Indenture of declaration of the uses of a fine and recovery they being various with extraordinary Covenants 48 A Lease of Ejectment to be void on payment of 1 s with a note thereon 50 An Indenture of Mortgage 54 A Conveyance of a Mannor by a feoffment 58 D. being seized of the Mannor of B. for life with remainder to his first son so to the tenth sells the Mannor-house and halfe the land which to secure settles other lands by the deed following 63 An Indenture or declaration of the use of a fine wherein several parties joyne 68 A Lease taken in trust 76 Another Lease taken in trust 78 An Indenture of covenants declaring a mans name used in trust in an assurance 86 An Indenture of Covenants between Executors 91 A Conveyance of land by three Co-heires and their husbands well pend 96 An Indenture of bargain and sale of lands in consideration of the surrender of other lands 102 A Lease of lands with exception of woods 106 A Lease of a Messuage and lands for three lives to those that sold the same it being agreed on before sale well pend 115 An Indenture reciting a bargain and sale of the moity of a Mannor in trust for another the same is hereby reconveyed to the person trusting 121 A declaration of a fine and recovery to variety of uses well pend 125 An Indenture to settle land for natural affection 137 An Indenture of settlement well pend 147 A Grant of lands in fee in consideration of money and further consideration of exchange of other lands 165 A short bargain and sale to be inrolled 173 An Indenture to stand seized to uses in consideration of marriage 189 A grant of the moity of an annuity during life 195 A short Lease of a Messuage and land to be void on tender of a shilling 213 A Lease of a Ferry 220 An Indenture of lands in exchange 222 A bargain and sale of lands mortgaged made from the mortgagor and mortgagee before forfeiture to a third person 228 A Defeazance on a Recognizance 163 A Lease of a side of a Shop and other conveniencies with a grant of goods and wares according to a Schedule annexed 22 Covenants A Covenant to give security to performe Covenants 36 A Confirmation of a former mortgage by the son of him that made it 41 A Covenant to deliver evidences by such a time 124 Conditions A Condition for sealing an acquittance or release of lands by a day 70 A Condition for curing a disease or to pay money back 307 A Condition not to sell lands had in marriage 307 A Condition to assure a sum of money in liew of a joynture 308 A Condition to make a good assurance of lands 309 A Condition that a Lessee shall not carry away the wainscot or cubbards c. 310 A Condition that one shall pay for such wares as were delivered to another 310 A Condition to deliver writngs by a day 311 A Condition to save one harmlesse for delivery of writings 311 A Condition to save a surety harmlesse from a recognizance 90 A Condition of a Counterbond 139 A Condition to save harmlesse where one atturns tenant with covenant to grant a lease when the premisses are setled in the obligee 157 A Counter-condition to save harmlesse from a bond entred into for payment of money 158 A Condition to save harmlesse an executor for payment of several legacies to Orphans with a covenant to see the same disposed to the best advantage 160 A Condition to pay rent reserved in a lease according to the Covenants 161 A Condition from a Bayliff and his sureties to a High Sheriff 206 A Condition to save harmlesse for payment of several legacies 209 A Counter condition to save harmlesse from a bond well pend 211 Indorsments An Indorsment of livery and seisin on the Indenture by vertue of a letter of atturney with a note thereon 72 An Indorsment of atturnment of tenant 86 Another Indorsment of atturnment of tenant 89 Words to be used upon delivery of possession 96 Letters of Atturney A Letter of atturney to seal a lease on the ground 53 A Letter of atturney to two to receive possession 72 A Letter of atturney irrevocable of a debt on a bond with covenant not to release 312 A Letter of atturney from two Executors of a bond sued to a judgement to a creditor of the Testators 314 A Letter of atturney of a mans estate in general in consideration of several debts and engagements 315 A Letter of atturney of several sums of money due from one 316 A Letter of atturney to demand a rent according to a Lease 83 A Letter of atturney to re-enter on not payment of the rent 85 A Letter of atturney to take possession according to the contents of a lease 212 Licences A Licence to let lands though prohibited by lease 71 A Licence for a Buck and Doe yearly 306 A bargain and sale upon condition made to feoffees in trust with indorsment of atturnment and also that possession was given 237 An Indenture of bargain and sale absolute 249 An Indenture of Covenants to the former Indenture whereupon a recovery passed 252 A bargain and sale of underwood 265 A sale of Billets wood and timber 266 An Indenture of allotment of several mannors and parcels of land between six co-heires 286 An Indenture to avoid the title of survivorship 292 Another deed of covenants to avoid survivorship 294 An Indenture of partition 296 An Indenture where a Lease is granted to three Lessees that every one is to pay his part of the rent and equal part of charge for repairing c. 299 Provisoes A Proviso to be inserted in a deed or power of revocation by way of Proviso 7 Presentations A Presentation of a Minister to a living 7 A grant of the next presentation to a benefice 320 A Presentation by one who had a grant thereof 26
part thereof and also all the estate right title interest claime and demand whatsoever of the said S W of in and to the same and every part thereof to have and to hold the said lands tenements hereditaments and premisses with the appurtenances unto the said S M and C D their heirs and assigns for ever to the only use and behoof of them the said S M and C D their heirs and assigns for ever and the said S W doth by these presents make constitute ordain authorize and appoint F L of c. in the said County of c. and G M of c. in the said County of c. their true and lawful atturneys for them in their names and stead joyntly or severally to enter into the said lands tenements premisses or into some part thereof in the name of the whole and possession thereof for them and their names and stead to take and after such possession so thereof had and taken for them and in their names and stead to deliver full and peaceable possession and seisin of the said lands tenements and premisses with the appurtenances or of some part thereof in the name of the whole to the said S M and C D or one of them or to their lawful atturney according to the forme of these presents ratifying and confirming and allowing all and whatsoever their said atturneys or either of them shall do in the premises by vertue of these presents In witnesse whereof the said S W to these presents his hand and seal hath set the c. day of c. in the year c. An Indenture to bar an estate-Tail THis Indenture made the seventh day of October in the eleventh year of the Reign of our Sovereign Lord Charles by the grace of God of England Scotland France and Ireland King defendor of the Faith c. Between T. B. of W. in the County of B. Yeoman on the one part and T. M. of H. in the said County Yeoman and H. H. of H. aforesaid in the said County Yeoman on the other part Whereas T. B. deceased Recital of a Will Grand-father of the said T. B. party to these presents by his last Will and Testament in writing amongst other things therein contained did give and devise unto J. B. also deceased Father of the said T. B. party to these presents and to the Heirs male of his body with remainders over all that his Messuage or Tenement with the appurtenances situate and being in W. in the said County of B. and all that his Close adjoyning to the said Messuage or Tenement and all that acre of Meadow-ground called the long Hale lying in W. Meade and three yards of Meadow called the Elboes in the said Parish of W. and half his arrable Land Leyes and Meadow-ground lying and being in the Parish and Fields of W. aforesaid and R. or one of them with their and every of their appurtenances in the said County of B. as by the said last will it doth and may appear and which premisses do contain a Messuage with the appurtenances and one Yard-land by estimation be it more or lesse And whereas the said T. B. the Grandfather shortly after making the said Will dyed the said J. B. his son him surviving after which time the said J. B. having issue the said T. B. party to these presents his eldest Son and Heire male and the said J. B. being since also dead by and after whose decease the said T. B. party to these presents now is in actual possession of the said Messuage or Tenement Closes Lands Meadows and Premisses with the Remainders over as aforesaid Now this Indenture witnesseth That the said T. B. party to these presents estate- To cut off the estate-tail intending as well to cut off the said estate-tail and to barre the Remainders thereon depending and to settle the said Messuage or Tenement Close Lands Meadows and Premisses to him the said T. B. party to these presents and his heirs as also to barre all pretences of right that futurely may or can be made unto all and every or any the said Messuage Lands Meadows and premisses so given to the said J. B. his Father and since come unto him the said T. B. party to these presents for that purpose Doth hereby Covenant and Grant for himself Covenant to levy a Fine his Heirs Executors and Administrators and for every of them to and with the said T. M. his Heirs and Assigns by these presents That he the said T. B. shall and will on and before the Feast of St. Andrew the Apostle now next ensuing the date hereof in due form of Law acknowledge and levy one or more Fine or Fines Sur cognizance de droit come ceo c. before his Highnesse Justices of his Highnesse Court of Common-pleas at Westminster unto the said T. M. of and for the said Messuage or Tenement Close and all and every the said Meadows Lands and premisses by the name or names of one Messuage one Garden one Orchard forty acres of Land six acres of Meadow six acres of pasture and Common of pasture for all Cattel with the appurtenances in W. and R. or one of them in the said County of B. or by such other name or names quantity or number of acres as to the said T. M. or his Councel learned shall seem meet and expedient To the intent that he the said T. M. shall by force thereof stand and be seized of the Messuage or Tenement Close Lands Meadows and premisses untill a good and perfect common recovery with a double Voucher over may be duly had and executed of and for the said Messuage or Tenement Lands To suffer a Recovery Meadows and premisses according to the course of common recoveries for assurance of Lands and Tenements in such cases used And it is hereby fully declared and agreed by and between all the parties to these presents That after the said Fine or Fines so to be levyed of the said Messuage Lands and premisses as aforesaid he the said T. M. shall and will permit and suffer him the said H. H. to bring and pursue against him the said T. M. one or more Writ or Writs of Entry sur Disseisin in le post returnable before his Highnesse Justices of his Highnesse said Court of Common-pleas at Westminster by which he the said H. H. shall demand against him the said T. M. all and every the said Messuage Lands Meadows and premisses by the name or names of one Messuage one Garden one Orchard forty acres of Land six acres of Meadow six acres of pasture and common of pasture for all Cattel with the appurtenances in W. and R. or one of them in the said County of B. or by whatsoever other name or names quantity or number of acres as to the said H. H. shall seem meet To which Writ or Writs the said T. M. shall appear Gratis and shall enter into the Warranty and