1 Rolls Abr. p. 425. Q. 1. A Condition to perform Covenants in a Lease one was That he should enjoy such Lands let to him quietly without interruption and the Plaintiff in his Replication sheweth in facto that the Defendant the 20th of March 30 Eliz. had disturbed him and in that assigned the Breach the Defendant by Rejoynder sheweth that in the Indenture there was a Proviso that if he paid 10 l. the 31 of March 30 Eliz. that the Indenture and all therein contained should be void and alledged he paid 10 l. at the day but this was after the disturbance supposed and the Plaintiff demurs Judgment pro Quer. for by the Covenant broken before the Condition performed the Obligation was forfeited and it s not material that the Covenants became void before the Action brought but by Wray if the Proviso had been that upon the payment of the 10 l. as well the Obligation as the Indenture should be void â—lâ— for then the Bond was void before the Action brought so where a Parson made a Lease for years in which were divers Covenants and after he became non resident by which the Indenture became void yet he may maintain an Action of Covenant for a Covenant broken before his non Residency Cro. Eliz. p. 244. Hill and Pilkington Dyer 57. Bylones Case The Condition was If the Obligee his Heirs and Assigns shall and may lawfully hold and enjoy a Mesuage c. without the let c. of the Obligor or his Heirs or of every other Person discharged or upon reasonable request saved harmless by the said Obligor from all former Gifts c. the Defendant pleads no request was made to save him harmless Judgment pro Quer. because the Defendant hath not answered to all the the Conditions viz. to enjoying of the Land and there were two Conditions viz. the enjoying and saving harmless Moor n. 756. Creswell and Holmes Debt to perform Covenants in a Lease one was for quiet enjoyment against all claiming Title the Plaintiff assigns for Breach that a Stranger entred but saith not habens titulum Hales habens titulum at that time would have done Dyers Case is another entred claiming an Interest but that is not enough for he may claim under the Lessee himself If the Covenant had been to save him harmless against all lawful and unlawful Titles yet it must appear that he that entred did not claim under the Lessee himself Mod. Rep. 101. 3 Keble 246. Norman and Foster Hob. 34. Tisdale and Essex Moor 861. The Condition was if neither J. S. nor J. B. nor J. G. did not disturb the Plaintiff in his possession of such Lands by indirect means but by due course of Law The Defendant pleads that neither J. S. nor J. B. nor J. G. did disturb the Plaintiff by any indirect means but by due course of Law Q. if Plea good 2 Leon. 197. Dighton and Clark K. was seized and leased for years to J. H. Husband of Isabel and J. H. being so possessed by his Will devised that the said Isabel should have the use and occupation of the said Lands for all the years of the said Term as she should live and remain sole and if she died or married that then his Son should have the residue of the said Term not expired J. H. died Isabel entred to whom the said Kidwilly conveyed by Feoffment the said Lands in Fee and covenanted that the said Lands from thence should be clearly exonerated de omnibus prioribus barganiis titulis juribus omnibus aliis oneribus quibuscunque Isabel married and the Son entred Per Cur. this possibility which was in the Son at the time of the Feoffment though it was not actual yet the Land was not discharged of all former Rights Titles and Charges by the Marriage of the said Isabel it s become an actual Charge and the Term is not extinct by the acceptance of the Feoffment 1 Leon. p. 92. n. 120. Hamington and Rydear I am bound in a Statute and afterwards sell my Land with Covenant prout supra here the Land is not charged but if the Condition in the Defeasance be broken so as the Conusee extends now the Covenant is broken 1 Leon. p. 93. ibid. On Covenant to enjoy absque legali molestatione of the Defendant the Defendant pleads performance the Plaintiff replies by entry of the Defendant Lessor which is intended tortious and and so no breach for which cause the Defendant demurs Per Moreton Entry and lawful Entry are all one as to the Lessor and Rainsford conceived a general Entry no Breach the general Covenant being restrained by special Covenant against any lawful let 2 Keb. 717. Lee and Dalfton Debt on Bond to perform Covenants one of which was That the Plaintiff should not be interrupted in his possession of certain Lands by any Person that had lawful Title and particularly that he should not be interrupted by one Thomas Antony by vertue of any such Title the Defendant pleads performance the Plaintiff replies 1 No. 20 Car. The Defendant made the Lease to the Plaintiff and 3 No. he entred and that 17 Aug. 20 Car. before the Defendant made a Lease to Antony for years yet to come who 20 Aug. 20 Car. entred the Defendant pleads the Lease to Antony was on Condition of re-entry for non-payment of Rent and that before the Lease made to the Plaintiff the Rent was behind legitâ— demandat secundum formam Indenturae and he re-entred and made the Lease to the Plaintiff upon general Demurrer per Cur. the Demand was not sufficiently alledged for he ought to set forth when and where it was made that the Court might know if it were legal but for a â—w in the Plaintiffs Replication because he alledged his Entry after the Lease made to Antony so that it appears not he was interrupted by him the Opinion of the Court was against the Plaintiff Allen p 19. Colman and Painter Debt on Bond conditioned that if the Obligee his Executors and Assigns from the time of the Obligation may enjoy such Land c. The Defendant pleads that post obligationem until the day of the Bill the Plaintiff had enjoyed that Land Plaintiff demurs 1. Because the Defendant doth not say a die confectionis scripti obligatorii semper post non allocatur a Bar is good to common intent and it shall be taken he always enjoyed it unless the contrary be shewn which must come on the Plaintiffs part 2. Because he does not plead the Plaintiff and his Assigns enjoyed it non allocatur for it shall not be intended the Plaintiff made an Assignment unless he himself had shewn it Judgment pro Def. but it was moved to have the Plaintiff discontinue his Suit for otherwise he should be barred of his Debt whereas he had good cause of Action and the Court adjourned it till next Term that in the interim he might discontinue Cro. Car. 195. Harlow and Wright The Plaintiff
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
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
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
that otherwise his Election shall be taken away by the Act of God and the Condition is for the advantage of the Obligor and shall be taken beneficially for him One was bound that if after Marriage he and his Wife sold the Lands of the Wife if then he did in his Life time purchase to his said Wife and her Heirs Lands of such Value or else do and shall leave to her as Executrix or by Legacy or other good Assurance as much Mony c. He married her and she dyed and he survived her he is excused from the Bond 5 Rep. 22. Laughter's Case Crook Eliz. 398. mesme Case But if a Condition consist of two parts whereof one was not possible at the making of the Condition to be performed he ought to perform the other as if the Condition be to enfeoff J. S. or his Heirs when he comes to such a place he is bound to enfeoff J. S. when he comes for that the other is not possible for he may not have an Heir during his Life and so he had not any Election 21 E. 3.29 cited in Laughter's Case If the Condition of an Obligation be to enfeoff two before such a day and one dies before the day yet he ought to enfeoff the other 1 Rolls Abr. tit Condition p. 451. Horn and May. Vid. contra Expressement Bendl. p. 8. n. 31. Dyer 347. pl. 10.15 H. 7.13 5 Rep. 22 c. If the Condition be to enfeoff J. S. within a certain time if J. S. dies before the time be past the Obligation is discharged 1 Rolls Abr. 451. I am bound to enfeoff the Obligee at such a day and before the said day I dye my Executors shall not be charged with it for the Condition is become impossible by the Act of God for the Land descended to the Heir 2 Leon. p. 155. Kingwel and Chapman 2. By the Act of the Law If a Man be bound in a Recognisance for the appearance of another in a Scire-Fac he shall not avoid this Recognisance by saying that he which ought to appear was imprisoned at the day 1 Rolls Abr. p. 452. 2 Leon. p. 189. Wood and Avery If a Man be obliged to repair an House or build a Mill he is excused if the Obligee will not suffer him to do it or if a Stranger by the Command of the Obligee disturb him and will not suffer him 1 Rolls Abr. 453.3.4.5 A Condition that the Son of the Obligor shall serve the Obligee seven years if he tender the Son and the Obligee refuse it is no Forfeiture 22 E. 4.26 2 E. 4.2 So if he take him and after within the Term command him to go from him Vid. ibid. 1 Rolls Abr. 455. If the thing to be performed by the Condition may not be performed without the presence of the Obligee there his absence shall excuse the performance 12 H. 4.23 b. cited 1 Rolls Abr. 457. As if the Condition be to make a Feoffinent to the Obligee Aliter if it be to enter into a Statute to the Obligee for that may be performed in his absence A Condition to enfeoff the Obligee though the Obligee disseise him of the Land yet this shall not excuse the performance of the Condition for he may re-enter and perform it but if he keep it with force till after the day of performance it shall excuse 1 Rolls Abr. 453 454. Frances's Case 8 Rep. 92. If the Obligor by his own Act hath made the Condition impossible it is a Forfeiture 4 H. 7. 3 4. Vid. Keilway p. 60. Abbot of Glassenbury's Case Where a Refusal of one of the Obligors shall be a Refusal of both Two are bound in a Statute with Defeasance that they two shall make such assurance as shall be devised c. If an Assurance be devised and tendered to one and he refuse to seal this the Condition is broken by both for he need not make Request to both at one time 1 Rolls Abridgâ— 454.13 The Condition is to pay 20 l. to the c. or before such a day render the Body of a Stranger c. so as the Plaintiff may declare against him the Defendant pleads before the day the Stranger died a good Plea though the Obligor undertakes for a third person which differs from Laughter's Case Payment or Tender are to be at the same time therefore a discharge of one a discharge of both Contra if the Acts were to be done at different days The Condition was to run a race or pay by a day and adjudged that the Defendant was discharged by the death of the Horse 3 Keb. 738 761 770. Warner and White If one is bound to pay 20 l. before the 1st day of May or to marry A. S. before the 1st of Aug. if he do not pay the 20 l. before the 1st of May and A. S. dies before August so that it is become impossible yet the Obligation is forselted Quaere He hath undertaken to do one and it was in his power Crook Eliz. p. 864. More 's Case 3. By the Act of the Obligee If A. be bound to B. that J. S. shall marry Jane G. by such a day and before the day B. himself marry with Jane G. hereby the Obligation is discharged and B. shall never take advantage of it Co. Lit. 206. aâ—b If the Obligee be party to an Act that hinders the performance of the Condition it shall excuse 4 H. 7.4 b. One is bound to stand to the award of c. he may countermand the Arbitrators but then he forfeits his Bond because the Obligor by his own Act hath made the Condition of the Obligation which was endorsed for the benefit of the Obligor to save him from the penalty of the Obligation impossible to be performed and by consequence his Obligation is become single and without the benefit or help of any Condition because he hath disabled himself to perform the Condition If one be bound in an Obligation with a Condition that the Obligor shall give leave to the Obligee for the time of seven years to carry Wood c. though he give him leave yet if he countermand it or discharge the Obligee the Obligation is forfeited 8 Rep. 82. b. Viniors Case Refusal at the day shall save the penalty 1 Rolls Abridg. 448. Vid. Tender and Refusal Shep. Touchston p. 393. One is obliged to another to the use of a third person to deliver a Chest to the said third person who refused to receive it upon the tender at day the Obligation is saved it being to the use of the third person and he shall not take advantage of his own act Carne and Savery cited in Huish and Phillip's Case Crook Eliz. 754. A Bond is delivered to J. S. to my use and when it is tendered to me I refuse hereby it is become void and cannot afterwards be made good so if an Obligation be made to my Wife and I disagree to it 5 Rep. 119. Whelpdale's Case
not stay to wait for performance perhaps then he may stay as long as he lives but as on Bonds of Abritrament on breach of either Party hath remedy 2 Keble 674. Modern Rep. 64. Siderfin 464. Humlock and Blacklow In Debt for performance of Covenants they must be set out in Latin Allen p. 87. Of Assignment of a Breach on Bonds of Covenant IF Breach be assigned after the Action brought its ill the Defendant demands Oyer of the Obligation and it was for performance of Covenants the Plaintiff replies and assigns a Breach in non-payment of the Rent the 20th day of June 17 Car. and the Bill was filed Trin. 17 Car. which Term ended the 14th of June therefore ill Siderfin 307. Champions Case Bond of Covenants to perform the Indenture of a demise the Plaintiff declares he made the Lease the 28th of May to the Defendant and that postea scil 27th of the same month of May the Defendant broke the Covenant Demur because the breach is set forth before the Lease began and so no cause of Action but by Bacon where the postea scil are repugnant as here they are the postea shall be good to signifie the time of the Covenant broken and the scil shall be void Stiles p. 45. Anonymus If an Obligation conditioned for payment of Mony become payable hanging the Action this had made the Action good otherwise where it is conditioned for performance of Covenants and there is a Breach pendent the Action Q. Siderfin in Champions Case p. 308. The Plaintiff must assign a Breach to intitle himself except in some Cases vide infra on a Bond of Covenants that the Defendant should not deliver possession to any but the Lessor or such Persons as should lawfully recover the Defendant pleaded he did not deliver but to such Persons as lawfully recovered it the Plaintiff demurs Judgment pro Quer. Per Twisden on affirmative Covenants general pleading of performance is sufficient and so on negative for its sufficient for the Defendant to plead an excuse and the Plaintiff must assign a breach to entitle himself 1 Keble 380 413. Nicholas and Pullen One Covenant was That J. B. her Heirs c. should perform Covenants in a Deed Poll whereof one was That if I. died before the Plaintiff had satisfaction on Judgment assigned then the Administrators de bonis non of H. B. should farther secure that Assignment the Defendant pleaded performance generally the Plaintiff replies such a day I. died and sets not forth any Breach Judgment pro Defendente 2 Keble 288 301. Trussâ— and Mading The Plaintiff is not bound to alledge a special Breach when the Defendants Plea contains speciall Matter A Condition to perform Covenants in an Indenture one was That I. the Defendant should permit Guy the Plaintiff from time to time to come and see if the House leased by Guy and K. his Wife were in repair I. pleads in Bar that I. B. and K. his Wife were Tenants in Tail of the House and had Issue that I. B. died K. married Guy the Plaintiff and they two make a Lease to him for 20 years and that W. the Issue in Tail such a day entred before which entry the Condition was not broken Guy replies That William came with him upon the Land to see if Reparations c. and traverses the entry of William in manner and form prout and Issue joined upon the Traverse c. and found pro Quer. and Judgment it was assigned for Error that there was not any breach of Covenant in I. assigned and so had shewn no cause of Action but per Cur he need not in this Case for the special Plea of the Defendant had disabled the Plaintiff that he could not assign any breach of Covenant but of necessity ought to answer to the special Matter alledged It s not like the Case of Arbitrament in Debt on Bond to perform Award the Defendant pleads nul â—iel Award then the Plaintiff in his Replication ought to set forth Award and assign his Breach because the Defendants Plea 〈◊〉 general but if in such Case the Defendant should plead a Release of all Demands after the Arbitrament by which he offers a special point in Issue there it sufficeth if the Plaintiff answer to the Release without assigning any Breach Yelv. p. 78. Hob. cont â— Brownl p 89. Jeffry and Guy 2 Keb. 46 74. â—arch and â—lackaâ— The Condition was That wherâ— Ed. Tailor had bargained c. to the Plaintiff a Close c. and whereas the said Ed. T. hath already â—ort gaged to J. S. divers Lands in G. whereby the said Close is either mortgaged or supposed to be mortgaged c. if therefore the said Close of Pasture at the day mentioned in the said Indenture of a Mortgage be redeemed and set free c. the Defendant pleads the Close was not mortgaged to J. S. sic dicit quod clausum praed c. fuit redempt liberat exonerat c. the Plaintiff replies That the said Close was mortgaged to the said J. S. and upon this Issue joined and found pro Quer. and 't was moved in Arrest of Judgment that the Replication was not good for he ought to have replied quod pignoratum fuit to the said Smith and is not redeemed for it might be redeemed before the day Per Cur. it s a good Replication 1. The Defendant hath offered a particular point in Issue that it was not mortgaged and the Plaintiff answers it when he saith it was mortgaged and need not alledge that it was not redeemed for there shall never be intended any redemption because the Defendant pleads it was not mortgaged as J. S. is bound to marry the Daughter of J. D. upon Easter-day next in Debt on this Obligation if J. S. pleads in Bar that the Daughter of J. D. died before Easter-day it s a good Plea and its a good Replication that the Daughter was living on Easter-day without saying farther that he had not married her because a special Plea in Bar is always answered with a special Replication in the Point alledged 2. Because the Mortgage is supposed to be made between a Stranger and the Defendant to whose Acts of Redemption c. the Plaintiff is not privy and cannot have conusance or notice of theire Acts its excellent Learning which hath made me more at large recite it Yelv. M. 44 and 45 Eliz. R. R. fol. 24. Baily and Tailor Cro. Eliz. p. 899. mesme Case the difference is such pleading after Verdict should be good but not if demurred to as the Condition was the Defendant should render account of all such Goods of A. as came to his hands or pay his part for them The Defendant pleads nothing came to his hands The Plaintiff replies a silver Bowl came to hands Demurrer Ill Replication for he should have said and had not paid for it Siderfin 340. 1 Keb. 275. Hayman and Gerrard Though in Obligations put in Suit for
must be barred Stiles p. 93. Anonymus If an Obligation be made the 17th day of November Anno 12 Jac. And the Condition is to pay 5 l. the 21st day of November ensuing and 5 l. the 20th day of December next after the first 5 l. ought to be paid the 21 Nov. 12 Jac. for it refers to the day and not to the month 1 Rolls Abr. 442. Price and Coa If a Condition be to pay 10 s. when A. comes to his House and 10 s. at the Feast of St. Michael and then at the Feast of St. Andrew then next ensuing 10 s. these last Sums ought to be paid at the said next Feasts or Time and not at the next Feasts after A. comes to his House ibid. If a Condition be to pay so much citra such a Feast it ought to be paid on the Eve of the said Feast and not on the Feast day the same Law is If it be paid infra Festum or ante Festum but if it be to be paid in Festo it must be on the Feast day 1 Rolls Abr. Tit. Condition p. 442. Condition of an Obligation upon an Adventure to New-found Land to pay so much Mony within 40 days next after the Ship shall make her first return and arrival this Voyage from New-found Land into the Port of Dartmouth or into any Harbor Creek or Part of England where she shall first unlade her Goods and after the Ship doth return to Plimouth where she unlades her Goods the Obligor is to pay the Monies within 40 days after the arrival of the Ship and shall not have 40 days after the unlading of the Goods for this is not for Fraight but for an Adventure and the unlading of the Goods is only mentioned to describe the Haven where the Arrival shall be and not to put a limitation of payment of the Monies to have 40 days after the discharge but perhaps it might be some doubt if the unlading was not within 40 days the Plaintiff saith He paid not the Mony within 40 days after the Arrival of the Ship and avers that the Ship was unladen of the Goods but no time alledged of the unlading and per Cur. if it were not unladen with 40 days it ought to came on the other part to shew this 1 Rolls Abr. Tit. Condition 442. Leet and Cholwick Stiles p. 30. id Case The Condition was to pay at or before the 29th of September next at such a place if the Obligor tender the Mony the 28th of September at the place and the Obligee is not there it s a void Tender for the Tender is to be the last day but if the Obligor meet the Obligee at the place before the day and then he tenders it this is sufficient and Obligee ought to receive it Cro. El. p. 14. Hawly and Simpson A Bill Obligatory to render and pay 1188 Florens which then amounted to 33 l. 12 s. to he paid id solutionem Festi Purification ' called Candlemass day next ensuing the Plaintiff in his Declaration avers that praedictae solutiones dicti Festi Purification next after the making of the Bill were according to the use of Merchants the 20th day of February the Defendant pleads non est factum and found against him in Arrest resolved that payment among Merchants is known to be on the 20th of February and the Judges ought to take notice of it and the rather because the Defendant by his Plea confesseth the Declaration to be true in that Averment 1 Brownl Rep. 102. Pearson and Pentes The Condition is to pay Anno Dom. 1599. in and upon the 13th of Octob. next after the date hereof at D. where the 13th of Octob. next after the date is long time before 1599. let this shall be paid in 1599. and not before for that is first expressed 1 Rolls Abr. 444. Crook Eliz. p. 420. Hankinson and Kile The Condition if he paid 15 l. at the Feast of St. Michael next following and on the Feast of the Annunciation 15 l. and so yearly upon the said Feasts until H was advanced to a Benefice that then c. The Defendant pleads he was presented to a Benefice before the first Feast of St. Michael it is no Plea for the Advancement dischargeth not the two first Summons due at the said Feasts The limitation until he be advanced goes only to the other subsequent Payments Crook Eliz. p. 549. 2 Anders 65. Countess of Warwick versus the Bishop of Coventry A Condition to deliver 20 Quarters of Corn on the 29th day of February next following and that Month had but 28 days per Cur. he is not bound to deliver the Corn till such a year comes when February hath 29 days and that is Leap-year 1 Leon. 101. Anonymus A Condition to pay 20 l. at the Feast of our Lady without limiting in certain what Lady-day whether Conception Nativity or Annunciation per Cur. it shall be intended such a Lady-day which should next happen and follow the date of the Bond 3 Leon. p. 7. Anonymus Quaere An Obligation dated 15 May The Condition was to pay 20 l. the 11th day of May next ensuing this shall be intented the next 11th day of May the same May when the Obligation was made and not in the next Month of May 2 Rolls Abr. 255. Crook Jac. 646. Prescot's Case A Condition to pay 60 l. on the 25th of June 12 Jac. The Defendent pleads he paid it the 20th of June 12 Jac. The Plaintiff replies he did not pay it the said 20th of June Issue and Verdict pro Quer. it is Error the Issue is taken debors the matter of the Condition and so an ill Plea and void Issue and not aided by the Statute of 32 H. 8. for it may be the Obligation was not forfeited notwithstanding this Verdict Crook Jac. 435. Holmes and Brocket The Defendant demanded Oyer which was to pay mony the 31st day of September where in truth there are not so many days in September and he pleads solvit ad diem upon which they were at Issue and found for the Plaintiff and Judgment For the Condition being impossible the Obligation was due presently and it was an Issue upon an insufficient Bar which being found for the Plaintiff it is helpt by the Statute as in Nichols's Case in Payment pleaded in Bar upon a single Obligation Jones Rep. p. 140. Jiggen and Purchass The Bond was dated in March and the Condition was for payment super vicesimum octavum diem Martii prox sequentem per Cur. it shall be understood of the currant Month had it been sequentis perhaps aliter cited in Modern Rep. p. 112. One had put himself an Apprentice to Sell for seven years and Sell bound himself to pay to his Apprentice his Executors or Assigns 10 l. at the time of the end or determination of his Apprentiship the Apprentice serves six years and then dyes per Cur. the Obligation is discharged Tho per Cook if
one lease Land to another for seven years if the Lessee should so long live and the Lessor obligeth himself to pay 10 l. at the end of his Term and he dies within seven years the Mony was presently due upon his death 1 Brownl Rep. fo 97. Cheney and Sell. The Condition is that the Obligor before such a day shall make a Lease to the Obligee for 31 years if A. B. will assent to this and if he will not assent then for 21 years the Obligor must make the one Lease or the other before the day though A. B. might assent at any time before the day Dyer 347. a. If a Condition be to stand to the award of J. S. and he awards him to pay 10 l. at such a day this is a good performance if he pay this before the day and the other accept it for Payment before contains Payment at the day Berry and Perrin 1 Rolls Abridg. tit Condition p. 440. 30 Ed. 3.32 b. So if the Condition be to pay so much to a Stranger and he pay it before the day ibid. So if the Condition be that a Stranger shall enfeoff a Stranger such a day and he enfeoff him before the day this is a good performance ibid. So if the Condition be to enfeoff a Stranger after the death of J. S. if he enfeoffs him during the Life of J. S. this is a good performance for that it continues a good Feoffment after his death 9 H. 7.17 20. If the Condition be to make an assurance within a Month after the date of the Obligation he is not bound by any request to do this at any certain time but he may perform this at any time within the Month Perpoint and Thimbleby 1 Rolls Abr. tit Condition 441. But if the Condition be to make farther assurance within a Month upon Request of the Obligee if the Obligee request within the Month and he refuse though he be ready afterwards within the Month to do it yet the Obligation is forfeited inasmuch as the time of the Month is limited to the Request mesme Case ibid. The Condition of an Obligation is If the Obligor do at all times hereafter within the space of one Month when he shall be required make such farther Act and Acts Assurance and Assurances as the Obligee shall by his Counsel demand c. then c. If the Obligee do not demand any farther Assurance within the Month after the making of the Obligation yet the Obligor is bound to make farther Assurance within a Month after Request made after the Month passed after the making the Obligation for that the first words at all times hereafter are without limit and the other words within one Month when he shall be required refer to the Request and it is not like the common Covenant to make farther assurance within seven years for Usage hath interpreted this that he shall not be farther troubled after seven years H. 1650. Wentworth and Wentworth 1 Rolls Abr. 441. The Latitat is ret die Lunae prox post Sanct. Trin. which was the 10th of July the Sheriff arrests him the 10th of July and takes Bond the same date with Condition to appear coram Dom. R. die Lunae prox post crast Trin. it seems he ought to appear the same day and not that day twelve month 1 Rolls Abr. 444. May and Hooper If A. be bound 1 May with a Condition to pay to B. 10 l. at the Feast of St. Michael without saying more this shall be intended the Feast of St. Michael next ensuing 1 Rolls Abridg. 444. Lewknor and Smalwood Payment or Performance where no time is limited Presently or within convenient time IN the Condition of a Bond for payment of Mony no time is limited it is to be paid presently this is within convenient time So in other Conditions which concern the doing of transitory Acts as delivery of Charters c. Aliter of local Acts Vid. puis 6 Rep. 30. b. Bothies Case Co. Lit. 208. a. 38 E. 3.12 Crook Eliz. p. 798. Nose and Bacon Popham p. 198. Sir Rob. Brown's Case If the Condition be to pay a certain Sum to a Stranger without limiting any time this ought to be within a convenient time 1 Rolls Abr. tit Condition fo 437. the Bishop of Rochester's Case The Condition was if the Defendant did sell the Tithes in R. that he should pay the Plaintiff such a Sum of Mony but if he sold them not then he should deliver an Obligation to the Plaintiff for the payment of an express Sum at a certain day Moved in Arrest that he had not convenient time and it appeared not by the Record that he had but per Cur. there was convenient time between the date of the Bond and bringing the Action especially a second thing being to be performed Stiles p. 11. Williamson and Henly If the Condition be to make a Retraxit of a Suit he ought to do this within a convenient time So if it be to acknowledg satisfaction in such a Court 6 Rep. 30 Bothies Case 1 Rolls Abr. 436. If the Condition be to perform the award of J. S. who awards the Obligor to pay 10 l. without limiting any time he ought to pay this within time convenient 22 E. 4.25 A Covenant to make farther assurance at all time and times and the Covenantee adviseth he shall levy a Fine he shall have convenient time to do it for the words at all times shall have a reasonable Construction 1 Rols Abridg. 441 Perpoint and Thimbleby A Condition to make an Obligation to the Obligee by the advise of J. S. of 40 l. immediately yet he shall have reasonable time to do this 18 E. 4.21 Where by the Condition a thing is to be performed upon demand yet he shall have reasonable time to perform this after demand 15 E. 4.30 During the Lives of the Parties not before Request WHere by the Condition the Act to be done to the Obligee is of its own nature local as to make a Feoffment c. there the Obligor no time being limited hath time during his Life to perform it if the Obligee doth not hasten the same by Request for this is collateral and not like to payment of Mony Crook Eliz. 798. Nose and Bacon Yet when the Obligor may do that that is local in the absence of the Obligee as to acknowledge satisfaction in the Court of Kings Bench there he must do it in time convenient Co. Lit. 208. a. 6 Rep. 30. b. Bothes Case The Condition is to do such Acts c. for the better assurance c. to B. that shall be devised by B. or his Counsel c. B. deviseth a Release A. not being lettered desires to shew it to Counsel before he seal it he shall not be allowed reasonable time to shew it he having taken it upon him to do it Co. 2 Rep. Manser's Case p. 1. 1 Rolls Abr. 440. If the Condition be pay without limiting any time
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.