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A69811 The scrivener's guide being choice and approved forms of presidents of all sorts of business now in use and practice, in a much better method than any yet printed, being useful for all gentlemen, but chiefly for those who practice the law, viz. assignments, articles of agreement, acquittances, bargains and sale, bills, conditions, copartnerships, covenants, deeds, defeazances, grants, joyntures, indentures, letters of attorny, licenses, obligations, provisoes, presidents for parish business, releases, revocations, wills, warrants of attorny, &c. / by Nicholas Cobert ... Covert, Nicholas.; Bohun, William. 1700 (1700) Wing C6633A; ESTC R9889 290,539 478

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J. R. his Heirs Executors and Administrators shall and will from time to time and at all times hereafter acquit discharge and save harmless the said W. F. his Executors Administrators and Assigns of and from the payment of Tythes for the said Woods Under-woods and Trees or any part thereof and of and from all Expences Costs Charges and Damages for or by occasion of any Action or Suit to be brought against him for or concerning the said Tythes And the said W. F. for himself his Heirs Executors and Administrators doth covenant and grant to and with the said Sir J. R. his Executors and Administrators by these presents That the said W. F. his Executors Administrators or Assigns or any of them shall not fell or cut down any of the Woods Underwoods or Trees before in these presents bargained or sold between the first day of May and the twentieth day of September in ●ny of the said three years next coming And also that he the said W. F. his Executors Administrators and Assigns shall and will before the first Day of July in every of the faid three years avoid and carry away from the Woody part of the aforesaid Wood-Land into the Plaits there all the Under-woods and Trees which shall before such first day of July be Felled or cut down in the said Woody parts And also That he the said W. F. his Executors Administrators and Assigns shall not during the said three years commit or do any wilful hurt spoil or damage to the young Germins arising or growing up in the said Wood-Lands after the Felling the Woods Under-woods and Trees there now growing or being or any part thereof And also That the said Sir J. R. his Executors Administrators and Assigns shall or lawfully may at any time or times during the said three years cut and take upon the said Wood-lands sufficient Stakes and sufficient of the best Bushes there to be had for the new making repairing and inclosing the outer Hedges and Fences belonging to the said Wood-land and for the making any other new Fences or Inclosures in the said Wood-land and between such parcel thereof where the Woods and Trees shall in any year be felled and cut down and such parcel thereof where the Woods or Trees shall then yet be standing which last mentioned partition Fences the said Sir J. R. doth hereby covenant that it shall be lawful for the said W. F. his Executors Administrators and Assigns after the first two years of the said three year to pull up take and convert to their own use And the said W. F. doth further for himself his Executors Administrators and Assigns covenant and grant to and with the said Sir J. R. his Executors Administrators and Assigns by these presents that he the said W. F. his Executors Administrators and Assigns shall and will from time to time give notice unto the said F. P. and W. C. or one of them of such particular Plot or parcel of the Woods Underwoods and Trees before mentioned as the said W. F. his Executors Administrators and Assigns shall from time to time then next intend to fell or cut down To the intent the said F. P. and W. C. may mark and sign out so many of the Trees in such Plot or parcel growing as they shall see most fit of the aforesaid Fifteen hundred Trees excepted out of this present bargain and sale And also that if any Action or Suit shall at any time hereafter be brought against the said W. F. his Executors Administrators or Assigns for not setting out of Tithes of the aforesaid Woods and if the said Sir J. R. or his Assigns shall from time to time discharge and save harmless the said W. F. from the payment of all and every expences costs and charges for or by occasion of any such Action or Suit That then the said W. F. his Executors Administrators and Assigns shall and will permit and suffer the said Sir J. R. and his Assigns to make defence in such Actions or Suits in such manner as he and they shall think fit and that the said W. F. his Executors Administrators or Assigns shall not fraudulently or willingly permit or suffer any Judgment or Decree to be had or given against them in such Actions or Suits nor make any Composition or Agreements with the Plaintiff in such Actions or Suits In witness c. A Lease for years of Tythes THIS Indenture made the _____ day of _____ in the _____ year of the Reign of our Sovereign Lord William by the Grace of God King of England Scotland France and Ireland Defender of the Faith c. Between H. E. of Chidham in the County of Sussex Gent. of the one part and T. B. of the City of Chichester in the said County Baker of the other part witnesseth That the said H. E. hath demised granted and to farm let unto the said T. B. all the Tithes both great and small of whatsoever nature kind or quality which shall during the Term hereby granted arise come grow renew increase or happen in upon or out of all those several Closes or parcels of Land containing together about sixty Acres sometimes the Lands of J. L. Gent. and now in the Occupation of the said T. B. in the Tithing of Old Fishborn within the Parish of Bosham To have and to hold all and singular the Tithes before herein mentioned to be demised unto the said T. B. his Executors Administrators and Assigns from the Feast of St. Michael the Archangel last past before the date hereof for during and until the full end and term of ten years from thenceforth next ensuing fully to be compleat or ended If _____ or either of them shall so long live Yielding and paying therefore yearly and every year during the said Term hereby granted unto the said H. E. his Heirs and Assigns two shillings for every Acre of the said Land in such years wherein it shall be sown with Corn or Grain and so proportionably for a greater or lesser quantity than one Acre as shall be so sown And also yielding and paying one shilling and six pence for every Acre of the said Land in the next two years after which it shall be sown with Clover St. Foin Hop-grass or other like grass-Grass-Seed and so proportionably for a greater or less quantity than one Acre as shall be so sown And also yielding and paying one shilling for every Acre of the said Land in such years wherein it shall be unsown or otherwise laid up for Pasture or feeding and so proportionably for greater or less quantity than one Acre unsown or otherwise laid up for Pasture or Feeding at the Feast of St. Michael the Archangel yearly to be paid except such Land as shall be Summer fallowed for Wheat for which nothing shall be paid in such year of Summer fallowing And the said T. B. doth for himself his Heirs Executors Administrators and Assigns covenant and grant to and with the said H.
Licensed Jan. 16. 1694 5. The Scrivener's Guide BEING Choice and Approved Forms OF PRESIDENTS OF All Sorts of Business now in use and practice in a much better Method than any yet Printed being useful for all Gentlemen but chiefly for those who practise the Law viz. Assignments Articles of Agreement Acquittances Bargains and Sale Bills Conditions Copartnerships Covenants Deeds Defeazances Grants Joyntures Indentures Letters of Attorny Licenses Obligations Provisoes Presidents for Parish Business Releases Revocations Wills Warrants of Attorny c. By Nicholas Covert one of the Attornies of the Court of Common-Pleas The Second Edition corrected by the Author with many Additions made by him LONDON Printed by the Assigns of Richard and Edward Atkins Esquires for Charles Harper at the Flower de Luce over against St. Dunstans-Church in Fleetstreet 1700. TO THE READER THAT a New Book of this kind should come forth after so many already extant some may wonder who do not consider that Presidents grow Obsolete and New ones are made according to new Laws or as the Notions of Men become more refined Of the First Sort is a Bargain and Sale of Goods distrained for Rent pag. 329. which with the Notes thereupon are a good direction how to proceed upon the late Act impowring Land-Lords to sell Distresses for Rent c. Of the Second Sort are many never before Extant and whereof every one is manifold more worth than the Price of the whole Book These Presidents being collected only for private Vse without any design of being made publick have most of them been lately executed and undergone the Inspection and Perusal of Counsel learned in the Law They are not all placed in Alphabetical Order there being no need of such placing of them because there is put before them an exact Table of what is contained in the Book The first Impression hereof having met with so kind a Reception and been so well approved of by the Ingenious that it was sold in a short time hath encouraged the Author for the publick Good to make an Addition of several very useful Presidents of both sorts to this second Edition never before Published whereby the said Book is rendred much more useful and beneficial to the Candid and Ingenious Reader which is the sole end and design of the Author N. C. THE TABLE Agreements Articles and Indentures of Covenants ARticles upon Purchase of Lands in Fee-simple Page 1 Covenants to make Assurance of Lands 240 The like with Covenants to pay the Charges which the Bargainee shall be at in ejecting the Tenant in possession 30 Covenants between a Mortgagee and a Purchaser of the Redemption That the Mortgagee shall assign upon payment of the Mortgage Mony 26 Covenants to convey Land in Consideration of Five shillings in hand and residue to be paid at a day to come without obliging the Buyer to pay So that if he fails in payment he may not pretend to have any Equity afterwards 431 Indenture of Covenants upon Contract for purchase of a Copyhold where part of the Purchase Mony is paid and the Purchaser is to be at liberty to proceed in the Purchase or not 34 Covenants upon purchasing the Equity of Redemption of Copyhold-Lands mortgaged 36 A Declaration of Trust upon admitting two Lives into a Copyhold with necessary Covenants 28 Articles for securing 1000 l. and paying Interest to two persons until Lands can be purchased to the same uses 19 Articles of Agreement on a Marriage concerning Settlement of Lands 16 Articles for dividing the Rent and avoiding Survivorship between Jointenants of Lease Land 3 Articles between a Country Trader and a London Factor 10 Articles of Agreement between Creditors and the Widow of a Debtor concerning Administration and paying Debts 12 Articles for dividing some Corn between two Partners in Husbandry 39 Articles between Jointenants concerning cutting Corn and dividing it in the Field 41 For Building a new House and taking down an old one there 6 Covenants for Repairing the Steeple of a Church 44 Articles between a Merchant and his Apprentice's Father c. 7 Agreement of Tenants of a Mannor about ploughing a Common Field 32 Covenants for saving harmless a Bishop in refusing to admit an unfit person to a Vicarage 37 Covenants for delivery of Wheat sold by two Bushels weekly 43 Such necessary Articles of Agreement between four Joint-Executors as ought to be made between them for the better execution of the Testator's Will 23 An Agreement of Copartnership between two Sales-men with necessary Covenants 46 Covenants about assigning a Stock in the East-India Company 22 An Agreement of Composition for Debts 24 An Agreement of Creditors to accept their Debts at Four payments abating Interest 364 For Covenants to levy Fines and suffer Recoveries See Fines and Recoveries An Indenture of Copartnership between Four for Affairs domestick and foreign with necessary Covenants 293 An Indenture on Separation of Copartners 313 An Indenture where two Apprentices having taken their Master's Shop Covenant with his Executors to gather in his Debts 317 See Bonds with Conditions which may easily be turned into Covenants Acquittances and Releases of Personal things and to barr and extinguish Rights in Lands A General Release of all Demands 62 Mutual General Releases by Indenture 68 A Release of Errors in a Judgment 63 A General Release of Errors 63 A Release of an Annuity 65 A Release of Title to Lands 64 An Acquittance and Release of an Extent by an Administratrix 66 A Release to a Sheriff for discharging a Prisoner 67 The like in a better Form 67 A short Release of the Equity of Redemption in a Term for years mortgaged 68 An Acquittance in part of Purchase Mony 168 A Release of Dower with Covenants not to sue for Dower 245 A Release from the Overseers of the Poor to one who paid 20 l. to be freed from the keeping a Bastard Child 286 Apprentiship Writings relating thereunto Articles between a Merchant and his Apprentice's Father 7 An Indenture where two Apprentices having taken their Master's Shop Covenant with his Executors to gather in his Debts 317 Assigment of an Apprentice 160 Indenture of an Apprentice put out by the Parish 287 A Discharge of an Apprentice with a General Release to him 362 Annuities granted and assigned with Grants of a next Avoidance of a Parsonage c. A short Assignment of an Annuity 162 A Grant of an Annuity or Rent for years 383 A Grant of the Moiety of an Annuity during Life 145 A Grant of a next Avoidance of a Rectory 149 The like of a Vicarage with necessary Covenants 150 Assignments of Leases or Terms for years An Assignment of several Leases to two Assignees made Tenants in Common and not Joint-tenants 414 An Assignment of a Mortgagee by a Term for years 157 An Assignment of a Lease for years 161 A Covenant to produce Writings for defence of the Title 242 Assignment of uncertain Terms as Lands extended upon Iudgments Recognizances c. An
expounded construed adjudged reputed and taken to be and enure to the only sole and proper use and behoof of the said T. S. and of his Heirs and Assigns for ever And the said J. S. doth for himself his Heirs and Assigns covenant and grant to and with the said T. S. his Heirs and Assigns by these presents That he the said J. S. his Heirs and Assigns shall and will from time to time yearly for ever hereafter well and truly pay or cause to be paid unto the Lord of the Mannor of A. for the time being or his Assigns the aforesaid nine shillings parcel of the aforesaid yearly Rent of ten shillings at such days and times as the said yearly Rent of ten shillings to the Lord of the said Mannor of A. for the time being or his Assigns ought to be paid Or of and from such nine shillings parcel of the said yearly Rent of ten shillings shall at all times save and keep harmless the said T. S. his Heirs and Assigns and the said Tofts and Premisses to the said T. S. granted and released as aforesaid And the said T. S. doth for himself his Heirs and Assigns covenant and grant to and with the said J. S. his Heirs and Assigns by these presents That he the said T. S. his Heirs and Assigns shall and will from time to time yearly for ever hereafter well and truly pay or cause to be paid unto the Lord of the Mannor of A. for the time being or his Assigns the aforesaid one shilling parcel of the said yearly Rent of ten shillings at such days and times as the said yearly Rent of ten shillings to the Lord of the said Mannor of A. for the time being or his Assigns ought to be paid or of or from such one shilling parcel of the said yearly Rent of ten shillings shall at all times save and keep harmless the said J. S. his Heirs and Assigns and the said Lands and Premisses to the said J. S. granted and released as aforesaid Two Joint-tenants in Fee that they may be Tenants in Common make a Feoffment by Lease and Release of one Moiety to the use of the one and of the other Moiety to the use of the other THIS Indenture c. Between A. W. c. and M. F. c. of the one part and J. W. of c. of the other part witnesseth That the said A. and M. being Joint-tenants in Feesimple of the Lands and Tenements herein after mentioned have agreed to become Tenants thereof in Common and therefore for setling the said Lands and Tenements in such manner as is herein after expressed and for and in consideration of five shillings of lawful Mony of England to them by the said J. W. before the ensealing and delivery hereof well and truly in hand paid and for divers other good Causes and Considerations the said A. and M. have granted released and confirmed and by these presents do for them and their Heirs fully clearly and absolutely grant release and confirm unto the said J. W. his Heirs and Assigns for ever all those Lands and Tenements commonly called or known by the name of c. or by whatsoever other name or names the same or any part thereof is called or known containing by estimation 28 Acres of Land be it more or less with the appurtenances that is to say one Coppice or parcel of Wood-lands containing by estimation 20 Acres more or less and also one parcel of Pasture-land to the said Coppice adjoining and belonging containing by estimation 8 Acres be it more or less together with all Woods Underwoods Timber and Trees standing and growing on the said Lands and Premisses All which said Lands and Premisses are situate lying and being in the Parish of G. in the said County of S. and adjoining to c. and also all ways passages easments waters profits commodities advantages hereditaments and appurtenances whatsoever to the said Lands Tenements Hereditaments and Premisses or any part or parcel thereof belonging or in any wise appertaining and the reversion and reversions remainder and Remainders thereof and all Rents Services and Profits to the said Premisses or any part thereof incident or belonging and all the Estate Right Title Use Interest Inheritance Possession Reversion Claim and demand of them the said A. W. and M. F. of in or to the said Premisses Of all which Premisses hereby granted or mentioned to be granted the said J. W. is now in full possession by force and virtue of a Bargain and Sale thereof to him made by the said A. W. and M. F. for term of one year to commence from the 11th day of this Instant July by Indenture bearing date the day next before the day of the date hereof by force and virtue of the Statute for transferring Uses into Possession To have and to hold the Moiety or one half of the said Lands Tenements and Premisses with the appurtenances hereby granted and released or mentioned to be granted and released unto the said J. W. his Heirs and Assigns to the only sole and proper use and behoof of the said A. W. and of his Heirs and Assigns for ever And also to have and to hold the other Moiety or one half of all the said Lands Tenements and Premisses with the appurtenances hereby granted and released or mentioned to be granted and released unto the said J. W. his Heirs and Assigns to the only sole and proper use and behoofof the said M. F. and of her Heirs and Assignsor ever And the said A. W. doth for himself his Heirs and Assigns covenant and grant to and with the said J. W. his Heirs and Assigns by these Presents That he the said A. W. hath not at any time wittingly or willingly committed done or suffered any Act or Thing whereby or wherewith the premisses or any part thereof are or is or shall or may be impeached or imcumbred in title charge estate or otherwise howsoever And the said M. F. doth for her self her Heirs and Assigns covenant and grant to and with the said J. W. his Heirs and Assigns by these presents That she the said M. F. hath not at any time wittingly or willingly committed done or suffered any Act or Thing whereby or wherewith the premisses or any part thereof are or is or shall or may be impeached or incumbred in Title Charge Estate or otherwise whatsoever In witness c. A Bargain and Sale of House and Land THIS Indenture made c. Between J. F. of the one part and R. C. of the other part witnesseth That the said J. F. for and in consideration of the sum of c. to him in hand paid at and before the ensealing and delivery of these presents by the said R. C. the receipt whereof he doth hereby acknowledge and thereof by these presents doth acquit and discharge the said R. C. his Executors and Assigns Hath Given Granted Aliened Bargained Sold Enfeoffed and Confirmed And by these Presents doth