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A45253 The first part of the young clerks guide, or, An exact collection of choice English presidents according to the best forms now used for all sorts of indentures, letters of atturney, releases, conditions &c. very useful and necessary for all but chiefly for those that intend to follow the atturney's practice / compiled by R.F. ... : and revised by an able practitioner. Hutton, Richard, Sir, 1561?-1639. 1649 (1649) Wing H3842A; ESTC R31658 215,119 372

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present Indentures have interchangeably set their hands and seals the day and year first above written An Indenture of re-demise of the former demised premisses to the same parties reserving the rent of 250. l. with a proviso that the same shall cease upon the payment of the sum of money in the former Demise specified THis Indenture made the c. day of c. Between Sir VV. T. of G. in the County of N. Knight of the one part and Sir T. B. of D. in the County of N. Knight and Baronet and M. H. of D. aforesaid in the said County of N. Gentleman Servant of the said Sir T. B. of the other part Witnesseth That the said Sir VV. T. as well for and in consideration of the yearly rent here under reserved well and truly to be contented and paid in manner and form here under expressed As also for divers other good considerations him at this present thereunto especially moving Hath demised granted and to farm-letten and by these presents doth demise grant and to farm-let unto the said Sir T. B. and M. H. and the Executors Administrators and Assigns of the said Sir T. B. All those severall Closes or parcels of Lands Meadows Pastures and errable called or known by the severall names following That is to say one Close or parcel of ground called D. containing by estimation c. acres be the same more or lesse and so go on as in the Demise All and singular which said Closes and parcels of Lands are scituate lying and being within the Fields Parish Precincts and Territories of H. alias H. in the County of L. and are part and parcel or reputed and taken to be part and parcel of the Mannor of H. alias H. aforesaid And also all and singular Messuages Tenements Buildings Orchards Gardens Commons Common of pasture VVaters Fishings VVoods Under-woods Trees Bushes Fences Free-bords VVaies Easments and all other Rights Jurisdictions Priviledges Franchises Liberties Profits Commodities Emoluments and Hereditaments whatsoever growing being arising comming or issuing in upon or out of the premisses and every part and parcel thereof or to the same or any part thereof belonging To have and to hold all and singular the said Closes and parcels of Land and all and singular the premisses and every part and parcel thereof with their and every of their rights members and appurtenances unto the said Sir T. B. and M. H. and the Executors Administrators and Assigns of the said Sir T. B. from the first day of May last past before the date hereof unto the full end and term of nine hundred ninety and nine years from thence next and immediatly ensuing and fully to be compleat and ended Yeilding and paying therfore yearly during the said term unto the said Sir W. T. his Executors Administrators and Assigns at or in the South porch of the Parish Church of D. aforesaid the sum of two hundred and fifty pounds of currant English money at two usuall Feasts or Terms in the year that is to say at the Feast of Philip and Jacob and All Saints by even and equall portions And if it shall happen the said yearly rent of c. or any part or parcel thereof to be behind and unpaid after either of the aforesaid feast daies of payment in which the same ought to be paid by the space of fifteen daies that then and from thenceforth it shall and may be lawfull to and for the said Sir W. T. his Executors Administrators and Assigns and every of them into all and singular the said Closes and parcels of Land and all and singular the premisses and every part and parcel thereof with their and every of their appurtenances wholly to re-enter re-possesse re-enioy have again and detain as in his or their former estate this Indenture or any thing therein contained to the contrary thereof in any wise notwithstanding Provided alwaies Proviso and it is covenanted condescended unto concluded and agreed by and betwixt all the parties to these presents That if the said Sir T. B. his Executors Administrators or Assigns upon half a years warning thereof by writing under his or their hands before hand to be given by the said Sir T. B. his Executors Administrators or Assigns unto the said Sir W. T. his Executors Administrators or Assigns shall and will at or on any first day of May or the Feast of All Saints during the said term in and hereby demised at or in the place aforesaid pay or cause to be paid unto the said Sir W. T. his Executors Administrators and Assigns at one whole and entire payment the sum of five hundred pounds of currant English money over and beside the said rent above reserved at such day or daies as before in these presents are limitted and appointed to and for the payment of the said rent before reserved That then from and after such payment or payments of every of the said sum or sums of five hundred pounds as aforesaid endorsed upon both parts of these Indentures and subscribed by the said Sir W. T. his Executors Administrators or Assignes for every five hundred pounds that shall be paid as aforesaid the full and entire summe of fifty pounds of the said two hundred and fifty pounds rent reserved as aforesaid shall cease and be determined the said reservation or any thing in these Indentures contained to the contrary thereof in any wise notwithstanding And the said Sir W. T. for him his Executors Administrators and Assigns doth covenant grant and agree to and with the said Sir T. B. and M. H. their Executors Administrators and Assigns and to and with every of them by these presents That he the said Sir W. T. his Executors Administrators or Assigns shall and will within six months next after the payment of the summe of two thousand five hundred pounds by such payment or payments of five hundred pounds as aforesaid deliver or cause to be delivered up unto the said Sir T. B. and the said M. H. their Executors Administrators or Assigns or one of them one Indenture of Demise made from the said Sir T. B. and M. H. unto the said Sir W. T. of all and singular the premisses herein before demised as aforesaid bearing date the third day of May in the year of c. In witnesse whereof the parties above-named c. A Lease of a House in London THis Indenture made the c. Between R. R. Citizen and c. on the one part and N. D. Citizen and c. on the other part Witnesseth that the said R. R. for divers good causes and valuable considerations him hereunto especially moving Hath demised granted betaken and to Farm letten and by these presents doth demise grant betake and to farm let unto the said N. D. all that Messuage or Tenement with the appurtenances lying and being in or near Fleet-street in the parish of Saint Donstones in the west London between a Messuage or Tenement there called the F. now
said T. to the said P. for term of 6 years If in case the said P.C. shall mislike to proceed in the same and of such misliking do give notice to the said T.B. before the last day of c next ensuing At the Messuage of the said Farm Then if the said T. B. his Executors c. do within three daies next after such notice of misliking given well and truly pay or cause to be paid to the said P. not only the sum of 6 l. of c. to him the said T. delivered at th' ensealing hereof but also do pay or satisfie unto the said P. all such sums of money and other things as the said P. hath or before that time shall have paid or be at for the sowing or manuring of the said Farm or any part thereof That then c. A Condition for building and setting up a frame of a House THe Condition c. that if the within named E.W. his Executors Administrators or Assigns do at his and their own costs and charges on this side and before the Feast of c. next comming after the date above written not only well work and substantially erect build and set up or cause to be erected built and set up one good and substantiall new frame or building of good new sufficient and well seasoned timber of heart of Oak to serve for the plat or foundation already set forth or made within the Messuage or Inn called or known by the name or sign of the Ship in the Parish of Saint Clements Danes in the County of Middlesex which shall contain from the West towards the East 40 foot of Assize and in bredth from North to South 25 foot of Assize and with part thereof which shall extend from the South part of the measure before mentioned towards the South shall continue in length 20 foot and in bredth 18 foot and 12 inches All which said building shall containe in height three stories and a half and every storie to containe in height 7 foot of Assize at the least But also do before the said Feast of c. at his like costs and charges fit and furnish the same building with floures boarded dores stairs pent-houses and all other things pertaining to or being Carpentary work with sufficient nails for the same and hooks and hinges for all the dores In which said building there shall be such and so many stairs as the within named P. C. shall appoint and to be set in such place and places as the said P. shall nominate and there shall be in the stories extending West and East parritions and three severall rooms and in every room one imbowed window with such and so many clear windows as the said P. shall appoint and in every of the stories of the building extending from North to South one partition and one room in every of which rooms there shall be one imbowed window all which to be well and sufficiently finished as aforesaid before the said Feast of c. next comming That then c. A Condition to save three harmlesse which are bound for one by Recognizance to the Chamber of London for Orphans money THe Condition of this Recognizance is such that whereas the within named I. C. I. L. and W. G. at the instance and request of the above bound E. K. together with the said E. K. in the inner Chamber of the Guild-hall of the City of London are become joyntly and severally bound unto R. B. Chamberlain of the City of London aforesaid and to his Successors Chamberlains of the same City in the sum of 350 l. of c. with condition amongst other articles in the said Recognizance specified for the true payment of 300 l. of like money unto the said Chamberlain or his Successor to the use of E. and I. Orphans of T. B. late Citizen and Grocer of London deceased at such time as they or either of them shall accomplish their severall ages of 21 years as by the said Recognizance and condition thereof more at large may appear If therfore the said E. K. his Heirs Executors or Administrators do from time to time and at all times hereafter discharge exonerate acquit or otherwise well and sufficiently save and keep harmlesse the said I. C. I. L. and W. G. and every of them and the Heirs Executors and Administrators of them and every of them and all and singular the lands tenements and hereditaments goods and chattels of them and of every of them against the said Chamberlain and his Successors and against all and every other person and persons whatsoever of for and concerning the said Recognizance and all and singular sums of money penalties forfeitures and things whatsoever in the said Recognizance or condition thereof or either of them contained or specified And also of for and concerning all and singular actions suits judgments extents executions molestations costs charges troubles incumbrances and demands whatsoever which shall or may arise grow happen or be by reason or means of the said Recognizance And also if it shall happen the said E. K. before the said sum of 300 l. be fully paid to the said Chamberlain or his successors according to the tenour and purport of the said Condition of the said Recognizance to decease or by any means to come to poverty and insufficiency or himself or his goods and chattels out of the liberties of the City aforesaid to absent withdraw or purloyn Then if the said E. K. his Heirs Executors or Administrators within six months next after such decease comming to poverty and insufficiency or such withdrawing absenting or retaining himself or his goods or chattels out of the liberties of the City aforesaid or upon reasonable request do make true payment unto the said Chamberlain or his Successors of the said sum of 300 l. to the use aforesaid And then also within the same six months or upon such request as aforesaid do cause and procure the said Recognizance and all extents and executions of the same to be clearly and lawfully discharged and made voyd That then c. A Condition from an under Sheriffe to a high Sheriffe for saving harmlesse THe Condition c that whereas the above named Sir M. G. Knight Sheriffe of the County of B. hath assigned and deputed the above named B. N. his under Sheriffe If therfore the said B. N. the above bound C. R. and G. D. their Heirs Executors and Administrators and every of them do at all time and times hereafter save and keep harmlesse and indempnified as well the said Sir M. G. his Heirs Executors Administrators and Assigns and every of them as also the lands tenements hereditaments goods and chattels of the said Sir M G. of for touching or concerning the returns and executions of all such processe writs and warrants of what nature soever they be as are or shall be hereafter directed to the Sheriffe of the said County of B. and shall be brought and delivered or
promise and grant to and with the said I. W. his Executors Administrators and Assigns and every of them by these presents That if default of payment be made of the said sum of c. or any part thereof at the day time and place aforesaid That then the said I. W. his Executors Administrators and Assigns shall and may from time to time and at all times during the said Term of c. peaceably and quietly have hold possesse and enjoy the said Closes Grounds and other the premisses before mentioned to be hereby demised granted bargained or sold without the lawfull let suit trouble deniall disturbance expulsion eviction or interruption of them the said W. Lord M. Sir F G. and E.W. severally their and every of their severall and respective Heirs and Assigns or any of them or of any other person or persons lawfully claiming in by from or under them or any of them respectively as aforesaid And discharged and clearly acquitted of and from all former Bargains Sales Gifts Grants Statutes Recognizances Extents Judgments and of and from all other Charges Estates Titles Troubles and Incumbrances whatsoever had made committed suffered or done by the said W. Lord M. Sir F G. and E. W. or any of them respectively their or any of their severall Heirs Executors Administrators or Assigns or any other person or persons claiming or to claim in by from or under them or any of them severally and respectively their or any of their severall estate act title means consent or procurement In witnesse whereof the parties first above named to these present Indentures have interchangeably set their hands and seals yeaven the day and year first above written Annoque Domini 1634. A Covenant that after default of Payment the Possession of Lands in Morgage shall be delivered to the Morgagee and also all Deeds and Writings concerning the same ANd the said A. B. for himself c. That he the said A. B. his Heirs and Assigns shall and will upon reasonable request to him or them to be made after default shall happen to be made of or in any of the payments aforesaid if it shall happen so to fall out deliver or cause to be delivered unto the said C. B. his Heirs and Assigns the quiet and peaceable possession and seizin of all and singular the before bargained premisses And shall then also after such default of payment within one month then next ensuing deliver or cause to be delivered unto the said C. D. his Heirs and Assigns as well all and singular the Letters Pattents Deeds Evidences Writings Escripts and Minuments before by these presents bargained and sold As also all the true Copies of all such other Deeds and Writings as do touch and concern the before bargained premisses or any part thereof Together with any other Lands Tenements or Hereditaments not before mentioned The said Copies to be written at the costs of the said D. his Heirs or Assigns A Letter of Atturney upon Covenants TO all Christian people c. I O. B. of c. Son and Executor of A.B. c Whereas by one Indenture bearing date c. made between the said A. B. on the one part and C. D. of c. on the other part There are divers Covenants contained on the part and behalf of the said C. D. his Executors and Administrators to be kept and observed touching a Lease granted to the said A B. by the Dean and Chapter of the Collegiate Church of c. of a certain Tenement lying in the precincts of Saint Martins le grand in London and covenanted to be transferred over by the said A. B. to the said C. D. as by the same Indenture whereunto relation being had more at large may appear Now know ye that I the said O. B. for divers good causes and considerations me moving and especially for that it appeareth by the said Indenture that the name of my said Father was used only in trust for the benefit of E D. Wife of the said C.D. and their issue Have made ordained constituted and in my stead and place put and appointed my Well-beloved Friend E. H. of c. to be my true and lawfull Atturney for me and in my stead and name if need require to sue implead and prosecute the said C. D. his Executors or Administrators for or upon the breach or not performance of all or any the said Covenants in the said Indenture specified and to have receive and take for the use of c. aforesaid all such benefit sum and sums of money commodity and advantage whatsoever which shall be recovered or gotten by means of any such suits actions or proceedings to be brought or commenced concerning the same And all and every other act and acts thing and things whatsoever which shall be needfull to be done in and about the premisses the same for me and in my stead and name to do execute and perform in such like large and ample manner and forme to all intents and purposes as I my self might or could do if I were there personally present And whatsoever lawfull actions suits processe and proceedings shall be hereafter commenced sued or prosecuted by the said E. H. or his Assigns against the said C. D. his Executors or Administrators touching the premisses I promise to allow maintain justifie and confirm by these presents without releasing or discharging of the said C. D. his Executors or Assigns of the Covenants aforesaid or any of them or of any suit processe or proceeding thereupon to be brought or commenced In witnesse c. An Assignment with a Proviso to have the Lease again upon payment of a sum of money THis Indenture made c. between G. B. of c. of the one part and W. H. of c. of the other part Whereas one R. G. and A. his Wife by their Deed indented bearing date c. for the consideration in the said Deed indented expressed did demise grant and to farm-let unto the said G. B. all that the Moity and half deal of the Mannor of D. with the appurtenances set lying and being in c. and the Moity and half deal of all their Messuages Dove-houses Edifices Buildings Lands Tenements Rents Reversions Services Mils Meadows Leasows Pastures Woods Under-woods Commons Heaths Profits Commodities and Hereditaments to the said Mannor of c. belonging set lying and being within the Towne Fields Parishes and Hamlets of C. N. D. within the said County of G. or accepted reputed or taken c. To have and to hold c. with divers Covenants Articles Agreements and Reservations in the said Indenture contained as by the said Indenture c. Now this Indenture witnesseth That the said G. B. for divers and sundry c. Hath given granted aliened assigned and set over and by these presents doth c. as well the said Moity c. as also all the estate right title use interest possession claim and demand whatsoever of the said G. B.
in the occupation of P. G. Merchant Tayler or his Assignees on the East side and the Messuage or Tenement now in the tenure or occupation of one A. M. widow on the West side and abutting upon the Garden adjoyning to the Temple Church toward the South and upon the high street toward the North together with all and singular Shops Sellers Sollers Chambers rooms waies entries yards backsides houses buildings gutters water-courses easements profits and commodities whatsoever to the said Messuage or Tenement belonging or in any wise appertaining and also all manner of Wanscot Glasse-windowes doors and locks in and upon the same Messuage or tenement and other the premissies before mentioned to be demised belonging All and singular which said Messuage and all other the demised premisses are now in the tenure or occupation of the said N. D. To have and to hold the said Messuage Tenement Shop Sellers Sollers c. and all other the aforesaid premisses with all and singular their appurtenances before in and by these presents demised and every part and parcel thereof unto the said N.D. his Executors Administrators and Assigns from the feast day of c. unto the full end and terme of c. years from then next ensuing and fully to be compleated and ended Yeilding and paying therefore yearly during the said term unto the said R. R his heires and assignes the summe of c. at four of the most usuall Feasts or terms of payment in the year that is to say at the Feast of c. by even and equall portions And if it shall happen the said yearely rent of c to be behind and unpaid in part or in all by the space of c. next over or after any of the said feasts or daies of payment in which the same ought to be paid as aforesaid being lawfully demanded that then from thence forth at all times afterwards it shall may be lawful to and for the said R.R. his heirs and assignes and every of them into the said Messuage or Tenement and all other the aforesaid premisses with all and singular their appurtenances before by these presents demised or mentioned to be demised and into every part and parcell thereof wholly to re-enter and the same to have again retain enjoy and reposseed as in his or their first and former estate or estates and the said N. D. his Executors Administrators and Assignes and all other the occupiers and possessors thereof thereout and from thence utterly to expell put out and amove any thing herein before specified to the contrary in any-wise notwithstanding And the said N. D. for himself A Covenant to lay out the sum of c on repairs and new building the premisses within three years after the date his Executors Administrators and Assignes and for every of them doth Covenant promise and grant to and with the said R. R. his Executors Administrators and Assigns and to and with every of them by these presents in manner and form following viz. That he the said N. D. his Executors Administrators or Assignes or some of them at his or their own proper costs and charges shall and will within the time and space of three years next ensuing the date of these presents expend and bestow in and about the new building repairing or bettering of the premisses hereby demised the value or summe of c. of lawfull money of England at the least And also shall and will at his and their like cost and charges well and sufficiently repair uphold sustain and keep maintain and amend the said Messuage or Tenement and new building to be erected and al and singular other the premises with th' appurtenances and every part and parcell thereof in by and with all and all manner of needfull and necessary reparations whatsoever from time to time and at all times heareafter when and as often as need and occasion shall require during the said terme hereby granted And also all the pavements privies seages and widdraughts to the said Messuage or Tenement belonging shall cause to be paved purged scoured emptied and made clean as often and when as need shall be and require during the said terme of c. by these presents granted and the same premisses so wel and sufficiently repaired supported maintained purged paved scoured emptied made clean and amended together with the Locks Keyes bolts staples latches hooks hinges windows doors and glasse of the same premisses so well and sufficiently made glased and amended in the end of the said terme of c. or other sooner expiration or determination of this present Lease shall leave and yield up unto the said R. R. is heires and Assignes And also that it shall and may be lawfull to and for the said R. R. his heirs Executors Administrators and Assignes and every of them four times oftner or in every year yearly during the said terme to enter and come into and upon the said Messuage or Tenement and all other the premisses with th' appurtenances and into every part and parcell thereof there to view search and see what defaults for want of reparations shall be found defective and necessary to be done in and about the demised premises or any part thereof and of all such defaults for want of reparations then and there found to give or leave notice admonition or warning in writing to and for the said N. D. his Executors Administrators or Assignes for the repairing and amending thereof And further that he the said N. D. his Executors Administrators or Assignes or some of them shall and will within one moneth next ensuing every such admonition or warning left or given as aforesaid well and sufficiently repair and amend the same and shall also discharge and pay all Church duties Scarvengers wages watchings wardings and all other taxes impositions duties and charges which shall or may at any time or times hereafter during the said terme be charged or imposed upon him the said N. D. his Executors Administrators or Assigns for or by reason of the premisses hereby demised or any part thereof And lastly the said R. R. for himself his Executors c. that he the said N. D. his Executors Administrators and Assignes and every of them for by and under the payment of the yearly rent aforesaid above in and by these presents reserved and under the Covenants Grants Articles and Agreements in these presents conteyned shall and may for and during all the said terme of c. by these presents granted lawfully peaceably and quietly have hold use occupy possesse and enjoy the said Messuage or Tenement and all and singular other the premisses with th' appurtenances by these presents demised or mentioned to be demised and every part and parcell thereof without any manner of lawfull let suit trouble disturbance or eviction of the said R. R. his Heirs or Assigns or of any other person or persons whatsoever by or through his means assent consent right title