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A54332 The perfect conveyancer: or, Severall select & choice presidents such as have not formerly been printed. Collected by four several sages of the law. Edward Henden, Knight; late one of the barons of the Exchequer. VVilliam Noy, Attourney Generall to His late Majestie. Robert Mason, sometime recorder of London. And Henry Fleetwood, formerly reader of Grayes-Inne. Wherein are contained many excellent examples and instructions touching the manner and method of conveyances; usefull for all persons, that are professors in the law, and desire to be rightly and judiciously informed. With an exact table for the readers more ready recourse to any the particulars contained therein Henden, Edward, Sir, d. 1644. 1655 (1655) Wing P1479; ESTC R213933 520,918 567

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within the said terme of ten years happen to lose by debts casualties or otherwise in their joynt trading any part or parcel of the buying and selling of any Goods Wares and Merchandizes or otherwise debts and credits in manner and form as is aforesaid so that it be not by negligence colour or feigned pretence and that proved both the said parties shall equally bear losse between them And it is also agreed that neither party at any time or times during the said terme shall lend or trust out any money Wares Goods or Merchandizes to the value to 40 s without the consent of the other And it is also agreed between the said parties That one may not give a release That neither of them shall during the said term at any time or times give any release or discharge of any debt duty or sum of money or of any part of any debt duty or summe of money to them owing without the consent and agreement of the other first had and obtained unlesse it be by receiving the said debt or debts and every such part thereof to the use of them both And also at the end of the said terme or before To make a true accompt if the said parties shall discontinue their joynt trading they shall make a just and true accompt and reckoning one with the other of for and concerning all matters and neither party shall give discharge to any Debtor or Debtors of any debt or debts that shall be allotted to the share and portion of other without the consent and agreement of the other first had and obtained in writing under hand and seale And also that during their said Co-partnership Not to be surety for any neither of the said parties shall at any time or times enter in Bill Bond passe his word nor become Bayle or Surety for any person or persons whatsoever for above the summe of 40 s. without the like consent of the other first had and obtained And further it is agreed by the said parties That they and either of them shall well truly and diligently during the said terme bestow and imploy their diligent best and true studies and endeavours for their best profit lucre and advantage in their said Trade and Traffick And the said A G for him his c. covenanteth and granteth to and with the said R B his c. by these presents That he the said A G shall and will yearly every year during the continuance of this Co-partnership truly pay or cause to be paid unto the said R B or his Assignes the summe of c. a yeare for and towards the maintenance of an Apprentice by him the said R B to be kept If any Apprentice be taken to be to both their uses And it is accorded and condescended between the said parties to these presents That if any other Apprentice or Apprentices to be taken during the continuance of this Co-partnership and living together shall be taken and bound to one of them yet neverthelesse joyntly and severally to both their uses and the money given with such Apprentice or Apprentices to be taken and converted to their joint use and behoof A joynt stock And for the managing of which affaires and businesse the said parties are to make a joynt stock of 200 l. viz. The said A G 100 l in ready money and the said R B as much cloth as shall amount unto the summe of 100 l. at the prizes as they shall then cost And it is agreed between the said Parties to these presents That if either party shall make a greater stock or portion to begin withall the other lacking shall during such time of lack or want or untill a competent stock be made for the joynt trading as aforesaid allow to the other after the rate of 8 l. for the 100 l. per annum for so much as shall be over the parties lacking And for the more better accomplishing the work and businesse aforesaid the said R B hath taken a House and Shop in or upon Cornhill within the said City of London now in his occupation And the said R B for him his c. doth Covenant and grant to and with the said A G his c. by these presents That he the said A G paying and allowing to the said R B the summe of 40 l. yearly to be raised out of the joynt stock and gains of them both in their said trading during the said terme of ten years by even portions at four Feasts or termes of the year viz. at the Feasts of c. shall and may peaceably and quietly have hold and enjoy the joynt possession and use of the said Shop with the appurtenances onely for their joynt occupation and trading And the said R B his c. to pay the yearly rent going out and payable for the same from time to time during the said term of ten years and to pay and discharge all Subsidies Fifteens Church-duties Scavengers wages and other taxations and impositions due and payable for the same during this Co-partnership For dislike And it is further covenanted and agreed by and between the said parties to these presents That if it shall fortune the said A G to grow in dislike or shall be minded to give over his joynt trading with the said R B. That then he the said A shall and will give the said R six months warning of such his determination in writing and at the end of the said six months shall and will make a just and true accompt and reckoning to and with the said R. B. of and for all such wares merchandizes ready money credits and debts as shall be then unreckoned for and that the said R B shall have the wares then remaining in their hands at such rate as they cost and the present money and good debts then owing unto them he putting in good security to the said A G to pay him so much money as his stock and portion shall amount unto the one half at six moneths and the other half at six months then after the said R B also paying to the said A G his c. so much lawfull English money at the said twelve months end at 10 l. per centum by the year as his whole stock and portion shall amount unto for nine months and also it is agreed that at the time of such parting the desperate debts to them joyntly owing shall be divided as aforesaid And further To turne over their Apprentices to the other the said A G according to the custome of the City of London at such time of division shall turne over such Apprentice and Apprentices as shall then dwell with them for and during the remainder of the years that shall be then to serve and unexpired unto the use and behoof of the said R.B. But if the said R B shall refuse to accept of the same Apprentices or either or any of them Then it is agreed
singular the said Messuages Lands Tenements and Hereditaments with the appurtenances of for from touching and concerning all and all manner of bargains sales gifts grants Joyntures fines dowers recoveries feoffments estates tails limitations uses leases morgage rents-charge stature merchants and of the staple judgments recognizances intrusions conditions entries troubles titles and incumbrances whatsoever at any time heretofore had made done committed acknowledged grown executed occasioned caused or willingly or wittingly suffered or hereafter to be made c. by the said E P and T P or either of them or any other person or persons by their or any of their assent means authority title or procurement the rent and services hereafter to grow due to the chief Lord or Lords of the fee of the premeises and the Title of Dower or estate in Joynture of the said E now wife of the said E D in and to the premises and all Leases heretofore made by the said E for 21 years or under now in being whereupon the now rents and services paid or answered for the same or more are reserved and shall be yearly due and payable during the same term and terms of the said Lease and Leases and all estates conveyances grants leases and assurances to be made by and according to the true meaning of these presents and such condition and title as the I. L. and his heirs have to redeem the premisses by him as aforesaid conveyed and assured unto the said E.P. and such Lease as the said E P hath heretofore made and passed unto IC an expresse Tenant of and upon the Tenement c. for and during the term of c. whereupon there is reserved and shall be payable during the continuance of the same Lease then also only excepted And whereas the said E P is possessed for divers years yet enduring of and in the tythes and portion of c. in c. of and in c. Now the said E P and T P do grant c. that the same E P and T P. and either of them and the Executors and Administrators of either of them shall and will at all times hereafter and from time to time at and upon the reasonable request costs and charges in the Law of the said E G his c. make c. unto such person or persons c of in and upon the said tythes leases for years and interest and the Indentures and writings thereof To have and to hold the same Tythes leases terms interest and the Indentures and writings unto the said person or persons c their c. to the intent use trust and confidence that the said person or persons c. and his or their c. shall suffer and permit the said E P during his life to have hold occupy and enjoy the said tythes and leases and receive the rents issues and profits thereof and to the intent use trust and confidence that the said person or persons to be named and appointed as aforesaid and his or their heirs c. shall and will permit and suffer the said M from and after the decease of E P for and during her life to have hold occupy possesse and enjoy the tythes and portion of tythes of c. and to the intent use trust and confidence that the said person or persons c. shall from and after the decease of the said E P permit and suffer the said T P and the heirs of his body upon the body of the said M lawfully to be begotten And for default of such issue c. to have hold occupy and enjoy the said rest and residue of the tythes farms and leases together also with the said tythes and protion of her from and after the decease of the said E P and M G to take and receive the rents issues and profits thereof during the rest and residue of the termes and pears of the said several leases without fraud and covin And the said E P and T P for them c. That they the said E P and T P their c. or one of them shal wil at all times hereafter acquit discharge or otherwise upon reasonable notice and request fully and sufficiently release the said tythes farms leases interests of for touching and concerning all and all manner bargains c. whatsoever had made done acknowledged caused procured occasioned willingly or wittingly suffered or hereafter to be had c. by the said E P and T P or either of them or any other by their or any of their means assent commandment authority or procurement The rents duties grants and covennants contained in the said several leases only excepted and foreprized And that the said M and the heirs of the body of the said T P upon her body lawfully to be begotten shall or may have c. the said tythes c. according to the intent and true meaning of these presents without any let suit c. of nay person or persons that lawfully claim the premises or any part or parcel thereof from by or under the said E P and T P or either of them or after or by reason of any forfeiture committed or willingly suffered by them or either of them except such interruption suit or troubles as shall be made done or committed by the said person or persons to be named and appointed as aforefaid or his or their c. or any of them In witness c. An Indenture of Use for the cutting off Lands entailed in the right of the Wife making the same to the use of her Husband for ever THis INDENTVRE made c. between c. Witnesseth A Covenant to suffer a Recovery That it is covenanted granted condescended and a greed between the said parties by these presents That they the said R F and M on this side and before the Feast of c. shall suffer the said I S and C R in due form of Law to recover against the said K and M and their heirs and the heirs of them and either of them in the Court of Hastings of L. holden in the Guild hall of the same City according to the custom of the same City the Mayor and Sheriffs of the same City aforesaid two Messuages c. with all and singular shops c. by the name of c. set lying and being c. and to have and take execution thereof accordingly And it is further covenanted That the Recovery shall be to the use of R. F. c. and the said R C. and I S for them c. That immediately from and after the Judgment and execution had of the same recovery as wel the said R C and F S and their heirs shal stand and be seized of the premises as also of the same Recovery in form aforesaid to be had and sued for the two Messuages shall be to the use and behoof only of aforesaid R F and of his Heirs and Assigns for ever and to no
the said A. B. his c. or any of them shall so then before any such recovery eviction c. have had or received at of or by the hands of him the said C.D. his c. or any of them for or in consideration of the said purchase of the said Messuage or Tenement and other the premises as is aforesaid be or shall be by him the said A. B. his c. unto him the said C.D. his c. well and truly satisfied contented and paid without fraud covin or delay This Indenture or any thing clause proviso covenant or matter therein contained or any other matter or thing whatsoever to the contrary in any wise notwithstanding ¶ In Witnesse c. ¶ An Indenture of a Lease of a House in London Penn'd by Robert Mason Esquire THis INDENTVRE made c. Between c. Witnesseth That whereas E. A. of c. by his Indenture of Lease Consideration Grant or Deed indented bearing date c. for the consideration therein mentioned did demise grant and to farm let unto the said A. M. all that Messuage House or Tenement with all and singular Cellers Recitall Sollars Chambers Yards Lights Watercourses Sinks Gutters Easements Commodities and Appurtenances whatsoever thereunto belonging or appertaining set lying near c. abutting next and upon c. on the North and upon the Tenement there then in the occupation of c. on the East and the Alley or way there leading to the Church-yard aforesaid on the West together with free ingresse egresse and regresse course and recourse into and from the Well in the alley belonging to the said Messuage or Tenement of the said E. A. there at all times and from time to time during the said term by the said Indenture demised To have and to hold Habend Reddend The Confirmation of the Wife for the sale of the said Lease for the term of years to come by the said Indenture and under the Covenants and Articles in the said Indenture appeareth c. Yielding and paying c. as by the said Indenture amongst c. may appear And whereas also the said E. A. and M. his Wife by a certain writing or poll-deed Dated c. acknowledged by the said E. A. and M. before W. F. Sergeant at Law and Recorder of the City of London and H. P. Alderman of the same City the said M. being solely thereupon examined according to the custome of the same City did confirm ratifie and allow unto the said A. M. his c. the said Grant Demise and term of years and all things in the said Deed indented contained or specified and the whole estate interest and term of years that the said A.M. then had or he his Executors c. or any of them then after should or might then have to come in the said Messuage House or Tenement and other the premises with the appurtenances by any meanes by reason of the said Grant Demise or Lease made by the said E. A. to the said A. M. To have hold A. M. since lawfully seized of the premises sithence come unto D. L. by vertue of the Will made by A. M. and is lawfully possessed thereof possesse and enjoy the same for the term of years then to come in the said Indenture of Lease under the Reservations Covenants and Articles in the same Indenture of Demise as by the said poll-deed or writing of Confirmation more at large may also appear the estate interest and term of years to come of which said A. M. of and in the said premises is sithence lawfully come unto the said D. L. by vertue of the execution of the last Will and Testament of the said A. and the said D. L. is now lawfully possessed thereof T.W. standeth bound for D. L. and also is otherwise indebted unto T.W. and in consideration thereof and for saving the said T.W. harmlesse from the sa●d Obligation and for the same payment thereof hath granted the said Messuage or House with all the goods Implements and houshold-stuffe to the said T. W. with all the estate right and title of the said D. L. And whereas also the said T.W. at the request of the said D. L. and for her debt together with her by one Obligation bearing date c. stand joyntly and severally obliged and bound unto S.R. and M. his Wife in the summe of c. with condition endorsed for the payment of c. upon the c. at or within c. as by the said Obligation c. may appear And where also the said D. L. is duly indebted unto the said T.W. in the summe of c. Now this Indenture further witnesseth That the said D. L. as well for and in consideration of the indempnity and saving harmlesse of the said T.W. of and from the said Obligation of c. as also for the security and sure payment of the sad summe of c. Hath given c. unto the said T.W. the aforesaid Messuage House or Tenement by the said Indenture of Lease demised and all the goods implements hangings and housholdstuffe of the said D. now remaining and being within or about the said Messuage or Tenement and also all the estate right title interest use possession reversion claim property demand and term of years whatsoever which she the said D.L. or any other Person or Persons to her use may can should might or ought to have claim or demand of in or to the said Messuage House or Tenement and all other the premises with the appurtenances by the said Indenture demised by vertue of the said Indenture of Lease and Deed of confirmation or by force of the last Will and Testament of the said A. M. or otherwise howsoever together also with the same Indenture of Lease and Deed-poll Habend the right and title whatsoever of the said D.L. in the said house with the goods unto the said T. W. during the time to come with the said Indenture of Lease or writing of confirmation To have and to hold the said Messuage House or Tenement with the appurtenances and all the said estate right title interest use possession reversion claim property demand and term of years whatsoever of her the said D.L. of in and to the said Messuage or Tenement and premises together with the same Indenture of Lease ann poll-deed aforesaid unto the said T.W. his c. from the day of the date hereof forthwards for and during so long time and such residue and so many years as are yet to come and unexpired of the said term of c. in and by the said Indenture of Lease granted And to have and to hold all the said goods implements hangings and housholdstuffe of the said D.L. now remaining or being in or about the said Messuage or Tenement unto the said T.W. his c. to his and their own proper use for ever * D.L. Covenants that the said Indenture of Lease is at the