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
performance of Covenants the Breach ought to be more precise and particular than Actions of Covenants because of the Penalty yet if what is material and the substance of the Covenant be alledged it may suffice as a Covenant was that the Defendant a Bayliff should not let at large any Prisoner that should be arrested without Licence of the Plaintiff an Under-Gaoler The Breach was that the Defendant had let at large at Westminster sans licence c. such an one who was arrested but shews not the place or time of the Arrest Per Cur. he need not the Escape being the material part of the Covenant Siderfin H. 12 Car. 2. f. 30. Jenkins and Hancocks Debt by a Brewer on a Bond to perform Articles against his Clark one was that the Defendant should deliver such Ale and Beer weekly as should be delivered unto him to such Customers as he had in his Charge and to receive the Monies due for the same and should accompt with the Plaintiff every Saturday weekly for such Monies he should receive for Breach the Plaintiff assigns that the Defendant did not account with him for such Monies as he had received on Saturday the 25th c. Verdict pro Quer. Judgment was arrested for the Breach was uncertainly alledged because the Plaintiff doth not shew the Defendant had any Customers in his charge or who they were or that he had delivered Ale or Beer to them or received any Mony of them Stiles p. 473. Arnold and Floid A Covenant that he and his Executors and Assigns would repair a Mill and alledgeth that the Mill was defective in Reparations and the Defendant his Executors and Assigns did not repair it Def. demurs because he did not alledge that he not his Executors or Assigns did not repair it for if any of them did repair it the Action lies not and per Cur. it is naught But upon motion of the Court the Defendant waved his Demurrer and the Plaintiff amended Crook Eliz. p. 348. Cole and How If the breach of the Condition of an Obligation be ill assigned the Verdict shall not aid this Default Sanders 2 part 179. Hele and Wotton Kerby and Hansaker there cited Though the Action be well brought upon the Obligation yet when it appears the Condition was for performance of Covenants there can be no cause of Action without some Covenant broken and so shall not have Judgment though he hath a Verdict Hob. 14. in Sir Daniel Norton's Case Disability wherein the Obligor hath disabled himself to perform the Condition IF a day be limited to perform a Condition if the Obligor once disable himself to perform this although he be enabled afterwards before the day yet the Condition is broken as if the Condition be to enfeoff me before Michâ—mas if before the Feast he enfeoff another yet the Condition is broken 21 E. 4.55 The Condition is if he permit and suffer all his Lands c. to descend remain or revert to such an one his Son immediately after his decease without any Act c. The Obligor â—ells parcel of the same Lands though he purchase them again yet the Obligation is forfeited Benlow n. 34. p. 9. Sir A. Main by an Indenture demiseth Lands to Scot for 21 years and covenants at any time during the Life of Scot upon Surrender of his Lease to make a new Lease c. and an Obligation to reform the Covenants Sir A. Main pleads in Debt upon this Obligation that Scot did not surrender Scot replies that after the said Demise Sir A. M. had accepted a Fine sur omisance de droit come ceo and by the same Fine grant and renders the Land to the Conisee par 80 ans Defendant demurs Per Cur. 1. Sir A. M. by the Fine levied had disabled himself either to take a Surrender or to make a new Lease and so hath broken his Covenant 2. Though the first Act was to be done by Scot viz. the Surrender and Scot may surrender if the term for 80 years be the Interest of a future term yet Scot shall have his Action without making any Surrender for after Surrender Sir A. M. cannot make a new Lease which is the Effect of the Surrender he hath disabled himself 5 Rep. 20. b. Sir Anthony Mains Case Poph. 109. Benl n. 121 125. So if he disable himself to perform it in the same plight as Feoffee on Condition to re-enfeoff grants a Rent-Charge marries a Wife c. this is a forfeiture of the Condition 44 E. 3.9 b. Coke on Litt. But if the Feoffee on a Condition to re-eneoff a Stranger and after another recovers the Land against him by default yet until Execution sued the Condition is not broken 44 E. 3.9 b. One promiseth to perform an Award which is that he shall after deliver an Obligation to another in which he is bound to him without limiting any time when this shall be performed If he bring Debt on the Bond and recover and after deliver the Obligation yet this is not any performance of the Condition for he ought to deliver this as it was at the time of the Award made Tr. 15 Jac. B. R. 1 Rolls Abridg. 447. Nichlâ— and Thomas If no time is limited if the Obligor be once disabled he is perpetually disabled 21 E. 4.54 b. Vid. Cases del Disability 1 Rolls Abr. 447 448. Conditions to perform particular Covenants To make Assurance TO make such Assurance as Counsel shall advise A Condition to make to the Obligee or his Assigns so good a Lease as Counsel shall advise and the Obligee appoints him to make a Lease to J. S. he must do it for it is not as shall be advised by Counsel Per Coke if the words were he shall make as good a Lease as Counsel shall devise he ought to have brought a Lease drawn by the advise of Counsel 1 Rolls Abr. 424. 1 Rols Rep. 373. Allen and Wedgwood To make such Assurance c. as the Plaintiffs Counsel shall devise it is not sufficient to plead he made such Assurance but that the Plaintiffs Counsel devised such Assurance which he had made Crook Eliz. 393. in Hutchinson's Case One covenants to make such Assurance c. as the Plaintiffs Counsel shall advise and he pleads performance of Covenants he cannot afterwards say Consilium non dedit advisantentum in Specot and Sheer's Case Crook Eliz. 828. The Defendant covenants to assure such Lands by such Assurance as by the Counsel of the Plaintiff shall be devised the Breach assigned in this the Plaintiff caused such an Assurance to be drawn and ingrossed and put Wax to it and required the Defendant to execute it and he refused The Defendant demurs per Cur. it is no Breach because the Plaintiff himself devised it Crook Eliz. p. 297. More versus Roswel On Covenant that before such a day he would make sufficient Estate of Lands to such value to the Plaintiff for term of his Life as by the Plaintiffs Counsel
it presently for the Covenant is peremptory 1 Anders p. 122. Case 117. Andrews and Eddon 1 Rolls Abr. 424. Wotton and Crook 2 Rep. Mansers Case The Condition is that he shall make a good absolute perfect Assurance in Fee of Copyhold Lands and after he renders this upon Condition of payment of Mony it is not any performance for the Assurance ought to be absolute so if it were to make farther Assurance if he make Assurance on Condition it is not a performance 1 Rolls Abr. 425. Risbon and Gayre It must not only be an absolute but an effectual Conveyance If a Man be bound to surrender a Copyhold to the use of A. and his Heirs on consideration of Mony if he surrender into the Tenants hands he must get it presented for it must be an effectual Surrender as if a Man be bound to make a Feoffment to me upon Request if I request him him to make a Deed of Feoffment with Letter of Attorny to B. to make Livery to me and he doth so this is a good inception yet if Livery be not made it is a Forfeiture of the Condition 1 Rolls Abridg. p. 425. Shan and Belby A Condition to make assurance of Lands to the Obligee and his Heirs and the Obligee dies yet he must make assurance to the Heir for the copulative shall be taken as a disjunctive 1 Rolls Abr. p. 450. Horn and May. Dubitat in Jones p. 181. Eaton and Laughter For it was the intent the Heir should take by descent and not by purchase A Condition to enfeoff two before such a day and one dies before the day yet he ought to enfeoff the other 1 Rolls Abr. 451. Horn and May. 5 Rep. 22. a. Benl n. 31. contra A Condition to give and grant to him his Heirs and Assigns The Defendant pleads he hath been ready to give and grant ill Plea for he must plead that he did it Aliter if the words had been as Counsel should advise 1 Brownl Kep 75. Chapman and Pescod Condition to enfeoff Lands of such an yearly value The Defendant pleads he enfeoft him of the Mannor of D. in Com. W. and of the Mannor of S. in the County of S. Cave Replication for it cannot be tryed 11 H. 7.14 One is obliged to assure 20 Acres of Land the Acres shall be accounted according to the Estimation of the Country where the Lands lie and not according to the measure limited in the Statute Cro. Eliz. p. 665. Some and Taylor One by Indenture bargains and sells to the Obligee all his Lands in D. and covenants that he will make farther assurance of all his Lands the Breach assigned was because he did not make farther assurance of those Lands and it appears by the pleading that the Bargainor had enfeofâ— the Bargainee before all his Lands there so as he had not any Lands at the time of the Bargain and Sale and if he then had not then the Breach is not well assigned and so held tota Curia But if one enfeoffs another of his Lands and afterwards bargains and sells them by name and covenants to make assurance he is bound to make assurance accordingly Crook Eliz. p. 833. Laâ— and Hodges The Condition was whereas the Defendant had granted an Annuity to the Plaintiff that the Defendant should make farther assurance to the Plaintiff for the enjoying thereof within one Month when he should be thereunto required the Month shall begin from the time of the Request Stileâ— p. 242. Wentworth's Case A Man by Deed indented bargained and sold Lands to another in Fee and covenanted by the same Deed to make him a good and sufficient Estate in the said Lands before Christmas next and afterwards before Christmas the Bargainoâ— acknowledged the Deed and the same is enrolled per tot Cur. by the Act the Covenant was not performed for he ought have levied a Fine or made a Feoffment c. 3. Leon. p. 1. Anonymus Condition of Covenant for quiet Enjoyment D. was bound to H. on Condition that H. and his Heirs might enjoy certain Copyhold Lands surrendred to him The Defendant pleads the Surrender and that the Plaintiff entred and might have enjoyed the Lands The Plaintiff replies that after his Entry one G. entred upon him and ousted him Per Cur. Replication ill because he did not shew he was evicted out of the Land by lawful Title for else he had his Remedy against the wrong doer Vaugh. p. 121 122. Hammonds Case The Defendant leased to the Plaintiff an House by the words of Demise and Grant which words import a Covenant in Law and the Lessor covenanteth that the Lessee shall enjoy the House during the term without Eviction by the Lessor or any claiming under him which express Covenant was narrower than the other and gave Bond to perform Covenants The Plaintiff grants his term over to a Stranger The Plaintiff assigned for Breach that one S. entred upon the Assignee and upon Ejectment recovered against the Assignee Debt was brought upon this Bond per Cur. by this Covenant in Law the Assignee shall have a Writ of Covenant and for this breaking the Covenant in Law the Obligation was forfeited but because the Plaintiff did not shew that S. had an ancient Title for otherwise the Covenant in Law was not broken therefore Judgment against the Plaintiff 4 Co. Rep. 80. b. Nokes Case Cro. El. p. 674. id Case If I. covenanteth with B. to enter into a Bond to him for enjoyment of such Lands and do not express what Sum he shall be bound in such a Sum as amounteth to the value of the Land 5 Rep. 78. a. in Samons Case The Defendant pleads performance of Covenants the Plaintiff alledgeth a Breach upon this Covenant that the Lessee should enjoy the Land without any lawful interruption or disturbance of the Lessor or his Executors and shews that the Executors entred upon him and ousted him and shews not any interruption for a just cause and adjudged good 1 Brownl 80. Ratcliffs Case Debt on Bond to perform Covenants the Covenant was for quiet enjoyment without let trouble or interruption c. the Plaintiff assigned his Breach that he forbad his Tenant to pay his Rent Per Cur. it s no Breach unless there were some other Act 1 Brownl p. 81 Witchcot and Liveseys Case Vide Moor n. 156. Broughton and Conrey Where the Defendant is not bound to warrant peaceable possession to the Vendee but only for Acts by himself done or to be done The Condition was If the Defendant warrant and defend an Ox-Gang of Land to the Plaintiff against J. S. and all others that then c. Resolved that the word defend shall be taken as a Defence against lawful Titles and not against Trespasses And per Anderson one Covenants to make a Lease of all his Lands in D. and in D. he hath as well Copyhold as Freehold Lands he is not by this Covenant to make a Lease of his Copyhold Land for
by Deed indented leased to the Defendant a Farm called D. except one Close by Name Lessee Defendant was bound in a Bond to perform all the Covenants and Agreements in the said Indenture and pleaded he had performed all the Covenants the Plaintiff assigns for breach that the Defendant entred into the Close excepted the Defendant demurs Per Cur. the Obligation is not forfeited by this disturbance this Exception is not such an Agreement as is within the intent of the Condition it s an Agreement that the Land excepted shall not pass by the Demise but no Agreement that he shall occupy but sometimes an Exception is an Agreement that shall charge the Lessee but this when he agrees on his part that the Lessor shall have a thing dehors which he had not before as except a Way or Common or any other Profit a Prender that is Agreement of the Lessee that he shall have the Profit and if he bound to perform all Covenants and Agreements if he disturb him in this he shall forfeit the Obligation Cro. Eliz. p. 657. Lady Russel versus Gullwell Moor n. 713. id Case In a Lease for years the Defendant Covenants that the Plaintiff should enjoy it during the Term on Demurrer the Case was Tenant pur vie levies a Fine to him in Reversion come ceo c. the uses were to the Conusee and his Heirs on condition to pay to the Tenant pur vic 4 l. per ann during his life and upon default that it should be to the use of the Conusor for his life the Conusee made a Feoffment to the Defendant who leased to the Plaintiff the 4 l. was not paid nor demanded the Tenant pur vie enters on the Plaintiff this is a breach of the Condition without any demand of the Rent for its a Sum in gross and not issuing out of the Land the Covenant is that the Lessee shall absolutely enjoy it and this Condition is properly to be performed by him who hath the Freehold and it was held that this Feoffment had not destroyed the future use which is to arise for non-performance of the Condition Cro. El. 688. Smith and Warren Two make a Lease for years by Indenture and covenants that the Lessee should not be disturbed nor any incumbrance made by them one of the Lessors makes a Lease to a Stranger who disturbs on Bond to perform Covenants it s a breach of the Condition for them shall not be taken jointly Lach. p. 161. Merritons Case Condition of the Obligation was That the Plaintiff should have hold and enjoy Lands acquitted from all Charges and Incumbrances and for breach the Plaintiff shew there was a Rent-charge granted by the Predecessor under whom the Defendant claimed which is yet undischarged the Defendant demurred because the acquittal goes to the having and holding the Land and it s not shewed that the Plaintiff was ever in possession nor that he was charged or endamaged to which Twisden and Keeling agreed but by Windham the Defendant ought to shew how he had discharged and acquitted from the very Rent and not to let it perpetually hang over him but by all the Court if the Acquittal refer to the Land it self or to the Person the Defendant must shew how 1 Keb. fol. 927. King and Standish A Covenant that the Indenture of a Lease at time of the Assignment is a good true and indefeasible Lease and that the Plaintiff shall enjoy c. without the let or interruption of the Defendant or of any claiming by from or under him and shews for breach that before he that made the Lease had any thing one J. S. was seized in Fee and that he which made the Lease entred upon him and disseised and leased prout and that J. S. re-entred upon him upon which Replication the Defendant demurs per Cur. the word indefeasible Lease shall be construed as a distinct Sentence from the last words that he shall enjoy it without the interruption of the Defendant Siderfin p. 328. Gainsford and Griffith 1 Sanders p. 51. Johnson and Vavisor Joyntenants of a Mill by Lease for years Vavisor assigns all his Interest in the Mill to another without Johnsons assent or privity and dies Johnson after recited this Indenture by Lease and that all came to him by Survivorship grants the said Mill and all his Estate Title and Interest to Procter and covenants that he shall quietly enjoy it notwithstanding any Act done by him and Bond of Covenants Act. de Det sur Bond. Johnson pleads that the Plaintiff had enjoyed this notwithstanding any Act done by him Procter replied that Vavisor Joyntenant with Johnson assigned his Estate to J. D. who entred and expelled him The Defendant demurs adjudged against the Defendant for the Grant was never good for he had no power to grant one Moiety and yet he had expresly granted the Mill to Procter And the Condition of the Obligation being to perform all Grants the Grant being defective at the first as to a Moiety which is the Substance of the Agreement of all the Parties this is not qualified by the Covenant ensuing and it is not like to Nokes Cass 4 Rep. for there the Grant was good for the whole and becomes ill by Eviction afterwards and therefore the Covenant ensuing qualified the general Covenant Yelv. p. 175. Johnson and Procter Lit. 206. 1 Bulstr 3 4. A Covenant that the Lessee shall enjoy against the Lessor and all claiming under him The Defendant exhibited a Bill whereby the Lessor appeared to be in Trust and adjudged this was no Breach Selby and Chute cited 2 Keb. 288. 1 Brownl p. 23. The Covenant was if the Defendant sued or troubled charged or vexed the Plaintiff Per Cur. a Suit in Chancery is within the Condition 2 Keb. 288. Ashton and Martin A Condition to surrender a Copyhold and that the Plaintiff shall enjoy this without the let of any claiming under the Defendant and of one Lancelot Simons The Defendant pleaded Surrender and that the Plaintiff had quietly enjoyed this The Plaintiff replies that one Jane Simons claiming under Lanceolet ousts him Demurrer and Judgment pro Quer. The Case was this Copyhold was granted to Patience Hussy for Life the Remainder to Lanceolet S. in Fee and that after and before the Obligation Lancelot surrenders his Remainder to the use of Patience for Life and after to the use of Lancelot and Jane for their Lives and after to Lancelot's Heirs Lancelot and Patience dye and after the Obligation Jane enters The cause of Demurrer was that Jane took nothing by the Surrender for the Surrender to P. H. pur vie was void she having an Estate pur vie before and consequently the Remainders by notice upon this void Estate are void also Dut per Cur. the Estate limited to Jane S. shall be by way of present Estate and mediate Settlement and not by way of Remainder 1 Sanders p. 150. Wade and Balch 2 Keb. 341. Id. Case
Car. 76. Chapman and Chapman But because the Defendant pleaded generally quod perimplevit omnes conventiones c. which implies a Payment of the Rent and the Plaintiff assigns for Breach that it was in arrear such a day The Defendant demurs and so confesseth it was not paid The Plea was ill though in such Case the Obligation is not really forfeited unless there be a demand of the Rent Crook Eliz. p. 828. Specot and Sheeres A Condition to perform Covenants in an Indenture whereby he lets Land rendant 10 l. per annum or within six days after the Feast The Defendant pleads performance The Plaintiff assigns a Breach that he such a day being the sixth day after the Feast before Sun-set demanded 3 l. Rent then due and that neither the Defendant nor any for him was ready to pay it for which c. Per Cur. 1. He need not shew the certain time when he came nor how long he remained there 2. Whereas it was objected this demand was not good because he demanded it as a Rent then due for he ought to have demanded it as a Rent due the last Feast But per Cur. it is not due to be demanded till the sixth day though the Tenant if he will may pay it before 3. The Condition being for performance of Covenants Payments and Agreements the Non-payment of Rent upon demand on the last day was a Breach of the Bond Crook Jac. 499. Thompson and Field Debt on an Obligation conditioned to perform Covenants and to pay Rent The Defendant on Oyer pleads performance to which the Plaintiff demurs as being no special Answer to the Rent which per Cur. is ill Judgment pro Quer. 3 Keb. 60. Betent and Frim Per Hales If the Lessee covenants to perform Articles in an Indenture it is sufficient to say the Rent was demanded but if there be an express Covenant to pay the Rent there needs no demand 3 Keb. 299. in Drew and Baylies Case A Condition to perform Covenants in a Lease The Defendant pleads Conditions performed The Plaintiff assigns a Breach for Non-payment of Rent The Defendant pleads to this a Release of all Demands Per Cur. this Rent is not released by all Demands Siderfin p. 141. Hen and Hanson In Debt on a Bond the Condition to perform Covenants of payment of Rent and another particular The Defendant pleads Covenants performed generally Plaintiff demurs because he should have pleaded to each particular performance or other particular Plea and so whereever particulars are specified but when it is to perform Covenants in an Indenture performance according to the Indenture is sufficient 2 Keb. 362. Brown and Talderly On performance pleaded the party cannot after plead Rent was not demanded Aliter on a particular Covenant to pay Rent for perimplevit implies actual performance not by way of excuse 2 Keb. 848. Forth and Lewin The Lessee covenants to pay his Rent to the Lessor and he pays it before the day the same is not any performance of the Covenant Aliter of a Sum in gross 1 Leon. p. 136. in Littleton and Pernes Case The Condition was that the Defendant should pay to the Plaintiff 10 l. which is for Rent of certain Lands The Defendant alledged the Plaintiff had entred upon the Land and so a suspension The Plaintiff demurred and adjudged for him for this being but a recital that it was for Rent is not material it seems the same though he had applied it by pleading to the Lease Heb. p. 130. St. John and Diggs On Covenants in a void Lease THE Covenants depend upon the Lease and the Bond upon the Covenants If a Lease be made and after surrendred all the Covenants and Bonds for the performance of them are void also in Sapeans and Skurro's Case Yelv. p. 19. Quaere A Grant or Assignment of so much of a Term as shall be unexpired at his death and a Covenant that the Grantee shall quietly enjoy the Grantor dies in Bond for performance the Action of Debt is brought against the Executor though the Assignment be void but this is a Covenant by it self and the Breach was that the Executor entred on the Grantee Per Windham the difference is where a Deed is void in the Fabrick there the Covenants on it are void as when a Freehold is to commence in future and where there is only want of Interest in the party Grantor which the Court agreed 2. The Condition was to keep and perform all Covenants generally which being void the Bond is single if there had been no Indenture the Bond had been good single 1 Keb. 130. Cavenhursts Case A Parson made a Lease for years and became bound to the Lesse to perform the Covenants in the Lease The Defendant pleads the Lease is void by the Statute of 14 Eliz. because he was absent from his benefice above the space of 80 days Per Cur. the Plea is good as to that Point 3 Leon. p. 102. Cox's Case One that is mere Laicus being instituted and inducted made a Lease for years of the Rectory which was confirmed by the Patron and Ordinary In Debt for performance of Covenants Per Cur. this Lease shall bind the Successor Incumbent Crook Eliz. Costard and Windet To perform Covenants in a Lease against Stat. 32 H. 8. Leases made to Alien Artificers void Siderfin p. 357. Freeman and King 1 Sanders Javans and Harweck Siderfin p. 309. An Obligation to perform Covenants of an Obligation void by the Statute of 14 El. c. 11. 1 Lâ— p. 100. St. John and Petits Case If the Indenture of Covenants be made void as by Release c. the Bond is void 2 Keble 116. On Covenants in a Mortgage A Grant Bargain and Sale of certain Lands with a Proviso that if the Defendant did not pay 40 l. such a day then it should be void The Condition was to perform all Covenants Clauses Payments and Agreements contained in the Deed This doth not extend but to compulsory Payments and not to the voluntary Sum in the Proviso for if he choose not to pay he may forfeit the Land to the Plaintiff Yelv. p. 206. Bristow versus Knipe 1 Bulstr 156. Id. Cro. Jac. 281. Id. Case Debt on an Obligation to perform all Conditions Covenants Payments in the Indenture The Defendant pleads one Condition was of a Lease to pay on a Mortgage or to be void and that he was not bound to perform it The Plaintiff demurs Vid. 3 Keb. p. 387. adjudged for the Defendant because the Land was to be lost for Non-payment 394. Per Hales the word Conditions would be idle if this were not effectual aliter if the word Conditions was not in and then it would be at the Mortgagors Election to pay or forfeit But here perhaps the Lessor had no Title and so it is requisite the Mortgagee should have his Mony 437. Per Cur. were it a Condition in the Indenture specially recited in the Bond though thereby the Mortgage was
had satisfied so much or that was not molested Crook Eliz. p. 393. Hutchinson and Leâ—son The Condition is if R. C. acquit R. F. and J. B. of such Sureties they have made to N. that then c. pleaded that R. F. and J. B. were bound to N. in 15 l. and R. C. did procure Acquittances of N. to R. F. and J. B. for the same See the form of pleading Quaere if good Plea 1 H. 7.30 a. The Condition was to secure him harmless against J. S. in an Action for 53 l. for which he was Bail for him The Defendant pleads he had paid to J. S. 20 l. in satisfaction of the 53 l. and so kept him harmless but for that the Plaintiff might be damnified before the payment to which he doth not answer the Plea is ill Crook Eliz. p. 136. Davies and Thomas In Debt on a Counter-bond for Security of Bail given for appearance of the Defendant The Defendant pleads non damnificatus The Plaintiff replied Non comparuit The Defendant rejoyns that the first Bond given was void per 23 H. 6. and that there was no Latitat issued forth per Cur. this is a departure But notwithstanding the Bond the party is not estopt to say there was no Latitat but the Non-appearance is a damnification be the Bond void or not 1 Keb. 59 98. Cook and Morgan Condition to permit WHere no Act is to be done but only a Permittance he need not plead it specially and non permifit or permisit is a good Plea A Covenant that the Plaintiff to such of the said Lands as by the Custom of the Country tunc jacebant frisca should have free ingress c. The Defendant pleads quod perâ—nisit Querentem intrare c. in tales terras quales tunc jacebant frisco secundum consuetud patriae he need not shew what Lands did he fresh 1 Leon. p. 136. Littleton and Perne L. covenants with S. that he would suffer him and his Assigns to have free ingress c. into his House and Shop without let or interruption of the said L. and that S. appunctuavit one T. ut servientem suum in Messuag c. intrare in usum de S. super quo praedict T. intravit praedictas L. expulit Moved in Arrest 1. It is alledged L. expels the Servant and this was the expulsion of the Master 2. Appunctuavit intrare and doth not say what time for perhaps his Licence to enter might be determined 3. It is not said at what time he entred but super quo intravit all these Exceptions were over-ruled 2 Rolls Rep. 78. Snelling and Lowe The Condition was if A. a Stranger would render himself to an Arrest in such a place The Defendant pleads A. was a Servant to a Parliament-Man and pleads Priviledge The Plaintiff demurs Pro Quer. for A. might render himself and let it be at their peril if they will arrest him 1 Brownl Rep. 91. Jackson and Kirton A Condition to perform all Covenants in a Lease made by her Husband of a Warren one whereof was to do no Act to disturb the Lessee she after marries another Husband who entred on the Plaintiff and cut his Nets no Title being shewed by which he entred The Plaintiff demurred and Judgment pro Quer. It is not requisite that the Husband be Assignce of the Estate but her Assignce of Contract which she might have avoided the Husband acts in her Right 1 Keb. 348 512. Hall versus Creswel Uxor One is bound to permit his Tenants to use the Common and that he shall not alter the Course of the Common quod permisit and that he shall not alter c. is a good Plea generally 11 Eliz. Dyer 279. Condition to surrender Copyhold Lands THE Condition was that the Obligor should surrender his Copyhold Land to the use of the Obligee he pleaded he had surrendred it ill Plea because he had not shewed when the Court of the Lord was holden Winch p. 11. Llewellins Case The Condition reciting whereas such Copyhold Lands were to be surrendred by A. S. at her full age to the use of the said Hammond and Guy and their Heirs and that Gay should pay to Hammond 33 l. at such a day and if he failed it should be to the use of Hammond and his Heirs It was conditioned that if the Obligor procured the said A. S. at her full age to surrender to the use of Hammond and his Heirs and if Hammond and his Heirs might have and enjoy the said Lands to him and his Heirs then the Obligation c. The Defendant pleads Gay paid not the 33 l. and that A. S. came of full age such a day and afterwards at such a Court in full Court did surrender release and quit claim to the Plaintiff being in possession all her Estate Right and Interest in the same Tenements and that the Plaintiff always after might have enjoyed the same Tenements The Plaintiff replies quod bene verans est that the said A. S. did surrender prout c. but that afterwards such a day the said Gay entred and expelled him The Defendant demurs per Cur. the Replication is not good because he hath not shewed he was evicted by lawful Title for otherwise this Bond doth not extend to it and per Cur. the Bar that shall be surrendred and released in Court is good and certain enough according to common intendment And although it be not said she surrendred to the use of the Plaintiff yet it being alledged it was surrendred in Court and accepted by the Plaintiff and confessed by the Replication it is good Crook Car. first Case Hammond and Dod. The Condition whereas F. held Copyhold Land of Sir J. K. if he within six Months after the death of F. granted the Land to the Plaintiff and two others whom the Plaintiff should name for three Lives according to the Custom of the Mannor that then c. The Defendant pleaded the Plaintiff nominated no Lives The Plaintiff replies Sir J. K. within the sixth Months granted it to J. S. and two others for their Lives who are yet alive the Defendant pleads non conâ—ossit and found against him It is not Error that the Plaintiff in his Replication shows not that the lands are Copyhold for the Condition reciting it is Copyhold Land he is estopt Crook Jaâ— p. 275. Sir J. Kernes Case To satisfie Imbeziled Goods ONe was bound to satisfie for Goods he had imbeziled he pleads that upon suit for those Goods he was taken in Execution for the damage No Plea 33 H. b 47. Hillaries Case Hob. p. 59. The Condition if A. turned over Apprentice should waste the Goods of his Master to pay what the Master was damnified no damage pleaded Plaintiff sets forth goods wasted but it s forth no notice given to the Defendant no notice is necessary when any one undertakes for a third person he must answer for him at his peril because the imdesilment is
Plaintiffs Executor dyed after the making of the said Bond and before the said Feast viz. c. The Plaintiff demurs and Judgment for the Plaintiff 1 Brownl Rep. 7â— Horn and May. In many Cases Endeavour shall excuse The Condition was to enfeoff Baron and Feme of Land if Baron die if he do it as near as he can it is good 15 H. 7.2 13. If there be an indifferent construction which may be taken two ways that way shall be taken which is most reasonable to make the Obligation to stand in force The Condition was that whereas the Defendant had granted an Annuity to the Plaintiff that the Defendant should make farther assurance to the Plaintiff for the enjoying thereof within one Month when he should be thereunto required Per Cur. the Month shall be after the Request and not within a Month after the date of the Bond Stiles p. 242. Wentworth versus Wentworth A Man shall be supposed by the Condition to do what properly belongs to him The Condition of the Obligation was that the great Bell of M. should be carried to the House of the Obligor in W. at the Costs of the Men of W. and there to be weighed in the presence of c. and of this the Obligor to make a Tenor to agree in tonâ— sono with the other Bells of M. In this Case the Obligor ought to weigh this for it belongs to his Occupation 9 Ed. 4.3 b. 1 Rolls Abr. 465. If a Man be bound to carry my Corn he must find a Cart so to mow my Grass he must find Instruments so to cover my Hall he is bound to find necessary Stuff 16 H. 7.9 A Man may be said to forfeit a Condition if he do what in him lies to break it or if he do such an Act which may consequently produce a Forfeiture though in strictness it be not broken by him A Condition not to devise a Lease to any person but to his Child or Children and he deviseth this to a Stranger the Executor never consents to the Devise yet this is a Forfeiture for he that had done all that was in his power to pass this by Will and put it in the power of the Executor to exeâ—ute it 1 Rolls Abridg. 428 429. Burton and Horton The Condition is that the Grantee of a Reversion shall not grant this over to J. S. If he grant the Reversion to J. S. by his Deed though the Lessee never attorn yet this is a Forfeiture Id. ibid. A Condition not to assign his I ease that so it may come to J. S. and after he assigns this to J. D. the Condition is broken for as much as by this means it may come to J. S. 1 Rolls Abr. 429. Cummin and Richardson Where a Condition of an Obligation shall be expounded by a matter debâ—rs The Condition was to save the Plaintiff harmless from all Actions and Damages that might arise upon the Release of the Defendant out of the Execution being then in Execution at the Plaintiffs Suit from all persons that might trouble him concerning the said Release The Defendant pleads the Plaintiff sued one N. for 100 l. and that he and Hart became his Bail and that the Plaintiff had Judgment against N. and the Bail and the Defendant was taken in Execution and thought the Plaintiff released him c. The Plaintiff replies and confesseth the Bail and Judgment but saith that Hart gave him Security for his Mony and the Plaintiff promised H. he might lay the Execution on the Defendant and that he would not release him sans consent of H. on which H. procured him to be taken in Execution and moved the Plaintiff to discharge him who aâ—quainted him with his promise to H. ut supra and thereupon the Defendant made him this Bond and so he discharged him H. brought an Action against him for Breach of Promise and recovered 150 l. damages and so he was damnified The Words are apparent to save harmless from some damage that might arise not upon the Release alone but upon some collateral thing besides the Release and yet by means and occasion of the Release Hâ—bart p. 269. Wild and Wilkinson Expositions of Words Sentences and References in Conditions During the Time THE Condition was whereas the Lord A. had deputed T. J. to be his Deputy Post-Master to execute the said Office from c. for the term of six Months following Now if the said T. J. shall and do for and during all the time that he shall continue Deputy Post-Master execute and pay such Mony c. Per Cur. the Condition refers to the Recital only whereby the Defendant was bound only during the six Months and no longer and the indefinite time shall be construed during the six Months 2 Sanders 413. Lord Arlington and Merrick Condition faithfully to execute the Office of and quarterly to make Accompt of all Monies by him received c. and pay all Monies by him received and do Accompt such times as he shall he reasonably required The Defendant pleads performance to all but the Accompt and for that he saith he was never reasonably required to do this Per Cur. this Clause being reasonably required goes only to the payment of the Mony bring the last antecedent and the Accompt is limited to be made quarterly Lit. Rep. 101. The King and Points Then living The Condition was if it happen the said J. M. to dye before the Feast of c. without Issue Malâ— of her Body by R. B. begotten then living that the Obligation shall be void The Defendant pleads post confectionum obligationis and before the said Feast the said J. M. dyed sans Issue Male of her Body then living The Plaintiff replies she had Issue H. B. and before the said Feast J. M. dyed the said H. B. then living and that H. B. dyed before the said Feast Per. Cur. the Plea is good the words then living shall not refer to the time of J. M. death but to the Feast mentioned in the Condition 1 Anderson Bold and Molineux Payments A Condition to perform all Covenants Payments and Agreements contained in a Deed Poll. The Defendant pleads the Deed Poll in haec verba in which was contained one Grant of Lands for 100 l. and 200 l. to be paid in which was a Proviso If the Defendant should not pay for the Plaintiff to one J. S. 40 l. at such a day the Bargain should be void The Defendant pleads performance of all Covenants the Plaintiff assigns a Breach in not payment of the 40 l. The Defendant demuâ— Judgment pro Defendente The word payment in the Condition shall have relation only to such payments mentioned in the Deed as is compulsory to the Defendant but this was not for the Defendant may if he will forfeit his Land 1 Brownl Rep. 113. Briscoe and King Condition to pay when the Kings Majesty shall be Restored by Conquest Accomodation or otherwise the difference
was If Tenant in Tail of the Mannor of D. be bound in a Recognizance to J. S. which Recognizance after comes to the King by the Attaindâ— of J. S. of High-Treason and after Tenant in Tail dies and the Issue in Tail alien the Lands bona fide whether the King may extend the Lands in the Hands of the Alience It was resolved That if Tenant in Tail become indebted to the King by Judgment Recognizance Obligation or other Specialty and dies before any Process or Extent and the Issue in Tail alien the Land bona fide this Land shall not be extended by force of this Statute And also that in this Case in as much as the Debt was originally due to a Subject it is not within the Act to charge the Lands in the possession or seisin of the Heir in Tail or of his Alience for this Act extends only to Debts immediately due to the King originally and not to those which accrew to him by way of Assignment Outlawry Attainder Forfeiture Gift of the Party or any other collateral way 7 Rep. 21. Lord Andersons Case The Statute of 7 Jac. makes Assignments of Debts void other than such as grow originally to the Kings Debtor bona fide it restrains Assignments of Debts which are not due to the Debtors themselves but assigned to or by them to other Persons The purport of this Law was That no Debtor of the Kings should procure another Mans Debt to be assigned which was a common practice but a Man may assign his own Debt tho not to his own Use for what he may himself release and discharge by the same Reason he may assign as B. was bound to C. in a Stat. of 2000 l. C. dies Intestate his Wife administers and marries F. F. with others became bound to the King in 6000 l. F. and his Wife by Deed enrolled in Cur. Ward assign the Statute to the King by payment of the 6000 l. the Assignment was good Hob. p. 253. Brediman and Coles Cro. Hill 16 Jac. p. 524. id Case A Duty which is not naturally a Debt but by circumstance only as Debt upon Bond for performance of Covenants or to save harmless may be assigned over to the King for Debt yet a present Extent shall not issue but a Scire Fac. 2 Leon. p. 55. Beaumounts Case Debt against one as Executor and upon fully administred pleaded it was found pro Quer. who assigned the same to the King 2 Leon. p. 67. Noons Case M. indebted to S. by a Note in writing per me but not sealed such a Debt may be assigned to the Queen 3 Leon. 234. March An Obligation may be assigned to the King sans Deed enrolled 3 Leon. p. 234. South and Marsh 21 H. 7.19 Where the King sues for a Debt assigned to him the Obligor cannot plead nil debet for by the Assignment it s become matter of Record ibid. An Obligation forfeited to the King by the Statute 28 Eliz. c. 8.1 Q. if the King may grant before Seisure 2. There are two Obligees and one forfeits Q. if the King shall have all the Bond 1 Rolls Rep. p. 7 12. Jac. B. R. Cullan and Bets. In Assignment of a Bond to the King the â—ead shall only be liable from the time of the Assignment but in Assignment of a Recognizance or Statute the King shall have the Land at the time of the Judgment rendred Lit. Rep. p. 125. Roy versus Hanton By the grant of bona catalla an Obligation passeth i. e. Paper and Wax yet the Grantee may not have Action upon this for that is not transferable Lit. Rep. 87. Dyer 25 H. 8.5 If a Debt be assigned to the King in this Case no priority of Execution 1 Brownl 37. A Condition to save harmless for assigning a Bond vide the Form Bridgmans Presidens Clark was indebted to A. by Bond and after delivers to Andrews certain Hogsheads of Wine to satisfie the said Debt and afterward Clarks Obligation is assigned to the Queen for A's Debt Per Cur. the property of the Goods by the delivery of them to Andrews before the Assignment was altered 2 Leon. 89. Bridget Clarks Case A. was indebted to B. who was indebted to the Queen B. assigned his Debt to the Queen by all the Barons Process shall be awarded out of the Exchequer to enquire what Goods A. had at the time of the Assignment and not what he had tempore scripti praedict fact 3 Leon. 196. Obligation Of Creditors in respect of Statute of Bankrupts and Assignments OSborn and Bradshaw were Sureties pro Churchman and had Counterbonds to save harmless the Sureties paid the Mony and afterwards Churchman became a Bankrupt Resolved that they were Creditors within the Statute 13 Eliz. Cro. Jac. 127. Osburn versus Churchman If an Obligation be taken in the Name of another to the use of a Bankrupt the Commissioners may well assign that unless the other party hath of his own Mony satisfied Debts due by the Bankrupt Noy p. 142. Caâ—â—hman's Case Debt sur Obligation assigned by Commissioners of Bankrupts and doth not shew the Obligation he need not because he comes in by act of Law and hath no means to obtain the Obligation As Tenant per Statute Merchant or Dower shall have advantage of a Rent Charge sans shewing the Deed. Cro. Jac. p. â—9 Gray and Fâ—â—lder R. is indebted to S. and B. joyntly S. becomes a Bankrupt and the Commissioners assign the Obligation to B. Q. 1 Keb. p. 167. Roylston and Ratcliff If I am bound to J. S. and he before Bankrupcy assigns the Bond this is liable to the after Bankrupcy of J. S. being only suable in his Name 2 Keb. 331. Backwell versus Litcott In Debt sur Bond the Defendant pleads before Action brought the Plaintiff became a Banrupt Per Cur. it 's an ill Plea and until an Assignment made the Debtor is defenceless and payment before Commission sued out is good enough and so it is before his Debt be assigned 3 Keb. 316. Andrews and Spicer In Debt sur Obligat the Defendant pleads that it was in trust for Holt who was a Bankrupt virtute Commission ' c. this Debt was assigned to Ashly and Penning aliis Creditoribus The Plaintiff replies It was not assigned The Defendant demurs specially for doubleness The Court conceived the Bankrupcy traversable as well as the Assignment yet the Issue is well enough 3 Keb. 737. Jones and Bolton Condition to give account to the Creditors c. 1 Keb. 815 843. Selby versus Walker The Disposition by Commissioners of Bankrupts saves the forfeiture of the Obligation 2 Keb. 202. in Robin's Case I shall here subjoyn some things respecting Matters of Tort as Forgery Detinue c. of Obligations Forgery IF a Man forge a Bond in my Name I can have no Action of the Case yet but if I am sued I may tho' I may avoid it by Plea But if it were a Recognizance or Fine I shall
Mony in lieu of a Joynture 3 Cl. g. 308. To save harmless where one attorns Tenant with a Covenant to grant a Lease when the Premisses are setled in the Obligee Id. 157. To procure a Lease for years in consideration of a Sum of Mony given Cl. V. m. 387. To repay mony on misliking of a Bargain Id. 396. Other Special Conditions TO maintain one for life Fidel. 24. If a mans Wife shall out-live her Husband not having Issue of her Body and that the Husband shall have received 300 l. her Portion that the Wife shall make her Will of 100 l. and that the Executor of the Baron shall pay it according to the Will Id. 25. A Condition that one nor his Family shall become chargeable to a Town Id. 26. Sh. Presid c. 4. Sect. 27. A Condition where a man is to marry a Woman Widow who was Executor to her former Husband that the party which is to marry shall pay 100 l. to one of her Children according to the Will of her former Husband Fidel. 23. A Condition to pay 200 l. within two Months after one shall use the Trade of a Barber Id. 35. That whereas three are bound to J. for several Sums of Mony if any of the Obligors die before the same shall be due that the survivor will upon request become bound with new Sureties for such of the Mony as shall be then due Id. 36. That whereas one as Factor to two men takes Goods to sell and after sale of them doth account with one of the parties and with the Assignee of the other and payeth the Mony remaining of the Sale to the one Partner and to the Assignee of the other who makes several Acquittances to the Factor that they will free him from all Actions c. to be brought against him by the other Id. 37. Cl. Vad. m. 530. 1 Cl. guide 17 186. 2d Part 188. A Condition for an Apprentices Truth and to restore what shall appear on Proof imbezelled Fidel. 30. Shep. Presid cap. 4. sect 17. If the Obligee deliver to the Obligor a true Note of such Mony as he owes for Wares and to whom the same is owing that the Obligors will pay all such Sums Fidel. 33. That whereas one is lawfully assigned Guardian to an Infant by the Commissary for the recovering and receiving of a portion of Goods and hath received of the Register 5 l. Decreed by the Commissary to the Infant that at the age of the Infant the Guardian shall pay to the Infant the 5 l. and shall save and keep harmless the Bishop Commissary and Register Idem 40. A Condition to be entred in Chancery upon the taking out a Commission of Bankrupcy Id. 34. This Bond to be entred in to the Chancellor A Condition that whereas an Administrator hath delived into the hands of the Guardian of an Infant 800 l. that the Infant at her full age shall give an Acquittance to the Admistrator c. Id. 34. Bond from the Creditor to save the Commissioners harmless Id. 171. Condition not to release a Statute Compleat Cl. 314. Not to revoke a Letter of Attorny made by the Obligor Id. ib. Bond for the good Behaviour Id. 315. Not to sue for Lands or Goods Id. 316. Not to claim a Child's part Id. ib. For the Truth of an hired Servant Compleat Clerk 317. For delivery of Wheat Id. 318. That one shall account for and pay the Proceed of Mony lent to Trade with Idem 319. Not to release a Letter of Attorney Id. ibid. That a man shall leave to his Wife at his death so many Goods Id. 320. Not to impeach an Extent Id. ib. To deliver Writings up upon payment of a sum of Mony Id. ib. That the Obligor shall justifie such Actions as the Obligee shall commence Idem 322. That a Bayliff of an Hundred shall duly execute his Office Id. 323. A Condition in case of Divorce or Separation where the man and wives Friends are bound for not intermedling one with another Id. 327. That a Woman Divorced shall not make claim to her Husbands Lands or Goods Id. ibid. To make a General Release Id. 330. To procure a Surety to seal a Bond Idem 331. To redeem a Pawn by a day or lose it Id. 331. For payment of Mony to Orphans Idem 332. To save harmless Shepherds Presid c. 4. sect 17. To keep a Child Id. c. 4. s 17. To make a Joynture Id. ib. To lay out a Marriage-Portion Idem cap. 3. sect 40. To repay part of it if she dye Id. ib. To give Dyet Id. ib. c. 4. s 17. To leave so much to his Wife Idem cap. 3. sect 40. That his Wife shall have leave to make a Will Id. ib. That if he sell her Land he shall buy as much again Id. ib. That if Land be not of such a Value it shall be made up Id. ib. To give so much by his Will Id. ib. To perform a Will Id. c. 3. To procure a Release Id. c. 3. s 39. To keep or breed up a Child Id. c. 3. sect 36 40. A Condition to make an Apprentice free of the City of London at the end of his Apprenticeship 1 Cl. guide 34. A Condition for the Truth of an Apprentice and to restore the value of all such Goods as by Proof shall appear he hath imbezelled Id. 2â—4 A Condition to ackowledge satisfaction on a Judgment 2 Cl. g. 90. A Condition to find one his Dyet by the year 1 Cl. g. 158. A Condition to discharge the Church warden and Parishioners of a Bastard Child 1 Clerks guide 158. To save harmless from a Recognizance taken for ones Appearance Id. 164. To save one harmless for the Bailing of one in two several Actions Id. ib. A Condition concerning Marriage Idem 16. To deliver Hay and Oats at a day Idem 161. from Legacies Id. 189. To justifie all such Actions as shall be commenced by reason of a Letter of Attorny Id. 197. Condition to save harmless from a Letter of Attorny Id. 199. Condition not to molest or sue for any Matter or Cause before past â— Clerks guide 86. To seal a Counter-part by a day Cl. guide 190. To deliver an Obligation by a day Idem 191. Condition where Mony is given by a Will to a Wife and her Children and the Mony being paid by the Executors to the Husband to be employed for their benefit the Husband is bound to employ it well Id. 194. A Condition to save harmless an Executor he not medling with the Executorship Id. 195. A Condition to discharge an Executor from an Orphans Portion in London being received without consent 1 Cl. g. 196. To justifie all such Actions as shall be commenced by reason of the Assignment of a Bill Obligatory Id. 197. â—ondition for the Truth of an hired Servant Id. ib. Condition to discharge Executors from the payment of Legacies to Non-ages Idem 198. To save harmless from a Letter of Attorny Id.