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A51778 The clerks guide leading into three parts, viz. I. Of indentures, leases, &c., II. Letters of attorney, warrants of attorney, mortgages, licences, charter-parties, &c., III. Bills, answers, replications, rejoynders in chancery, &c., under which are comprehended the most unusual forms of clerkship : to which is added, a fourth part of fines, recoveries, statutes, recognisances, judgements, &c. distresses and replevins : illustrated with cases, and the statutes relating to the same / by Tho. Manley of the Middle Temple, London, Esq. Manley, Thomas, 1628-1690. 1672 (1672) Wing M443; ESTC R9951 653,624 764

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the arrerages thereof if any be do at the end of every such Account made make just and true payment to the said C. D. his Heirs or Assigns and further do well and truly administer serve and execute all Process to him to be directed from the Stewards and Officers of the said C. D. his Heirs or Assigns concerning the premises or any part thereof and moreover do during all the said term demean and behave himself as an honest and true Bayliff ought to do that then c. or else c. A Condition of a Deputy Rent-Gatherer to give Accompt for the Receipt of Rents THe Condition c. That whereas the within-bound A. B. hath retained to and with the within-named R. C. Renter of the Mannor of Finsbury for the collecting of all the Rents coming or growing out of the Mannor of Finsbury in the County of Middlesex and of Lands Rents and Tenements belonging to the Major Aldermen Commonalty and Citizens of the City of London Farmers of the said Mannors Lands Rents and Tenements for term of years yet to come if therefore the said A. B. do well and truly behave himself in the said room or office of Rentership for the Collection of the said Rents and Profits of the said Mannors Rents Lands c. and well and truly from time to time collect the said Rents and every part thereof to the hands of the Chamberlain of the City of London for the time being to the use and behoof of the said Major Aldermen Commonalty and Citizens of the City of London and make yearly the Accompt of the said Rents and of every part thereof in the name of the said R. C. if he then be living of Record in the Chamber of the said City to the Office of the same to whom it doth or may appertain to take and engross the same Accompt and also if the said A. B. during the life of the said R. D. do no act or acts thing or things directly or indirectly to the prejudice and hindrance of the right of the said R. O. in and to that Office called the Rentership of Finsbury and further do from time to time clearly acquit discharge or save and keep harmless the said R. C. his Executors Administrators and Assigns and every of them against the Major Aldermen Commonalty and Citizens of the City of London and against all and every person and persons to whom it may or shall of right in that behalf belong that then c. or else c. A Condition to make true Accompt of one Bayliffship THe Condition c. That whereas Sir H. H. Knight and Baronet chief Justice of the Common-Pleas Sir J. D. Knight Chancellour of the Dutchy of Lancaster T. N. Esquire Surveyor-General do stand and are possessed amongst other things of the Mannor of c. for divers yet to come upon trust and confidence and to and for the only use of C. P. have by the commandment and warrant of the said C. P. by Deed under his Hand and Seal constituted and appointed the within-bound H. L. to be Bayliff of the Mannor of Westham aforesaid and Collector of the Rents and Revenues perquisits and Profits there during the pleasure of the said C. P. If therefore the said H. L. by himself for his sufficient Deputy or Deputies his or their Executors or Assigns do and shall from time to time for and during their continuance and exercise of and in the said place or office demean himself and themselves therein without voluntary concealment deceit or fraud towards the said C. P. and do and shall yearly during such his and their continuance and exercise as aforesaid at the Audit and Audits to be held and kept for the said C. P. yield and make just and true Accompt to and before the said Auditors for the time being of the said Mannor and Premises and thereupon make payment and satisfaction to the said C. P. his Officer or Officers in that behalf to be authorized and appointed to and for the said C. P. his use at or before every such Audit or Audits of and for all and every such Rents Sum and Sums of Money and other Issues Revenues Goods Chattels Perquisits and Profits as then shall come to the hands of the said H. L. or his Deputy or Deputies or as he or they then ought rightly to be charged withall to the said C. P. his use for or by means or in respect of the said Office or Place that then c. or else c. A Condition for payment of a sum of Money within three dayes after request if the Obligee may not enjoy a Messuage THe Condition c. That whereas the within-bound C. D. by a Deed bearing date within-written for the consideration therein hath assigned and set over unto the within-named A. B. one Indenture of Lease bearing date c. made and granted to him the said A. B. by one c. of a Messuage or Tenement with the appurtenances lying and being c. now in the tenure of c. for the term of c. and all his Estate Right Title Interest and Term of years to come in and to the same Messuage or Tenement and other the premises by the said Lease demised as by the said Poll. Deed or Writing more at large appeareth if therefore the said A. B. his c. paying the said Rent and performing the said Covenant and Duties in the said Lease contained on the Tenants part from and after the c. to be paid and performed shall not or may not peaceably and quietly have hold and enjoy the said Messuage or Tenement with the appurtenances for and during all the residue of the said term without any let trouble interruption of or by the said c. then if the said C. D. his Executors c. do within one Moneth next after notice thereof to him or them to be given by him the said A. B. his c. well and truly repay or cause c. to the said c. his Executors or Assigns the sum of c. of c. the said A. B. them also re-delivering and re-assuring unto the said C. D. his Executors c. the said Indenture of Lease safe and uncancelled and all his Estate Interest and Term of years in and to the same and the premises thereby demised clearly discharged of all Forfeitures Re-entries and Incumbrances whatsoever then to be had made committed or permitted by the said A. B. his c. together with the Poll-deed aforesaid that then c. or else c. A Condition to bring an Inventory into the Prerogative Court by a day THe Condition c. That if M. H. Wife of J. H. while he lived of the Parish of c. do make or cause to be made a true and perfect Inventory of all and singular the Goods Chattels and Debts of the said J. H. and the same so made to exhibit or cause to be exhibited into the Prerogative
the said R. O. at c. the said Writing or Release sealed and delivered as aforesaid being certified under the hands of two or three sufficient witnesses safe whole uncancelled and undefaced that then c. or else c. A Condition to suffer a mans Wife to make her Will. THe Condition c. That whereas the within-bound A. B. shall shortly by Gods Grace marry and take to Wife C. D. late the Wife of E. F. deceased and by reason and means of the said Marriage he the said A. B. shall be greatly preferred and advanced in substance and riches in consideration whereof if so be that the said A.B. after Marriage had and solemnized between him and the said C. D. do quietly permit and suffer the said C.D. if she fortune to decease before the said A. B. to declare and make her Will in writing or otherwise by word of mouth and in the same to give will and bequeath or otherwise to assign and dispose of at her free will and pleasure to and amongst her kindred friends and acquaintance or to any of them or to any other person or persons as to her shall be thought meet and convenient the sum of c. of c. And further If the said A. B. his Executors Administrators or Assigns or any of them upon reasonable request to him them or any of them to be made by any such person or persons to whom the said C. D. shall so give and bequeath any such sum or sums of Money extending no further than to the said sum or value of c. as is aforesaid do well and truly pay or cause to be paid all and every the said several sum and sums of Money Gifts and Requests so to be given and bequeathed by the said C. D. and in such manner as shall be by her appointed that then c. or else c. A Condition to Marry one by a day or else to pay a sum of Money THe Condition c. That if the within-bound A. B. do on or before the c. of c. lawfully espouse marry and take to Wife one E. K. the daughter of c. if she the said E. will thereunto assent and agree and the Ecclesiastical Laws permit and suffer the same But in case it shall happen the said E. K. and A. B. and either of them to die or decease before such Marriage had and soIemnized as aforesaid then if the said A. B. his Executors Administrators and Assigns do well and truly pay c. to the said E. K. her Executors or Assigns the sum of c. on c. at c. that then c. or else c. A Condition to be a true Prisoner THe Condition c. That if J. H. Merchant of St. Lucus which now is in the prison of the Kingdom of England under keeping of the Sheriff within-written as well by reason of writ of c. of the Statute of the Staple containing the sum of c. as also for other certain Actions Causes and Suits on the behalf of R. S. c. moved and commenced be from henceforth a true and faithful Prisoner tarrying and remaining with the said Sheriff and his Deputies till the same J. H. be fully discharged and acquitted of the said Actions and then content and pay to the said Sheriff c. all and singular costs charges fees and other duties in such cases heretofore accustomed to be paid that then c. or else c. A Condition to save harmless for being bound for the appearance of a man THe Condition c. That whereas the within-named O. P. at the special instance request and desire of the within-bound Sir E. G. by one Obligation bearing the date within-written standeth bound joyntly and severally with the said Sir E. G. and the within-bound A. M. unto R. H. and H. H. Sheriffs of the City of London in the sum of c. of c. with a Condition there-underwritten for the appearance of the said Sir E. G. before the Justices of the Court of Common-Pleas at Westminster on c. next c. to answer to C. G. of a Plea of Trespass as by the same Obligation and Condition thereof more at large appeareth If therefore the said Sir E. G. do according to the tenor and true meaning of the Obligation and condition above-recited appear before the said Justices of the said Court c. on the day in and by the condition of the said Obligation limited and appointed for his appearance to answer unto the said C. G. of a Plea of Trespass And also if the said Sir E. G. his Executors and Administrators and every of them do from time to time and at all times hereafter freely and clearly acquit discharge or save and keep harmless the said G. P. his Heirs c. and his and their Goods and every of them against the said Sheriff of the City of London and against all other persons whatsoever of and for the said Obligation and Condition above-recited and penalty of the said Obligation contained and every part and parcel thereof and of and from all Actions Suits Judgments Executions Condemnations Damages and Demands touching or concerning the same that then c. or else c. A Condition wherein the Factor is truly bound to serve the Merchant and no other THe Condition c. That if the within-bound J. O. do from the day of the date within-written unto the end and term of four years from thence next ensuing and fully to be compleat and ended well truly and faithfully serve the within-named L. S. and his Assigns in the Trade and Traffick of Merchandizes as well in this Realm of England as in any other parts beyond the Seas and also if the said J. O. at all times hereafter and from time to time during the said term of Four years upon the reasonable request of the said L. S. his executors administrators or assigns to be made to the said I. O. do make yield and deliver unto the said L. S. and his assigns as from any other person or persons by his or their assigns notes and rest of all such Sum and Sums of Money as shall appear upon the foot of every such accompt or reckoning as shall be so yielded made and delivered by the said I. O. to the said L. S. his executors administrators or assigns in form aforesaid And further if the said I. O. at any time hereafter during the said term of Four years as the said I. O. shall be Factor Doer or Agent to the said L. S. and his assigns by any manner of wayes or means do not traffique or merchandize or the affairs or businesse of any manner of person or persons whatsoever other than the said L. S. and his assigns without the special licence consent will knowledge and agreement of the said L. S. his executors administrators or assigns thereunto first had and obtained in writing under his and their hand
said W. F. his heirs and assigns into the said premisses to re-enter and the same to have again as in and by the said recited Indenture c. appeareth And whereas the said W. F did not pay nor cause the said Sum of 50 l. to be paid neither is the same yet paid unto the said T. F. according to the Proviso or Condition in the said recited Indenture of Lease mentioned by reason whereof all the said Messuage and Premisses became absolutely forfeited unto the said T. F. for all the said term of 500 years in the said recited Indenture mentioned Now these presents witness That the said R. F. being Son and Heir of the said W.F. deceased for and in consideration of the Sum of 28 l. more of currant money of E. to him in hand paid c. and for other good causes and considerations him moving hath and hereby doth absolutely grant ratifie and confirm the aforesaid Lease and all the Estate and term for years therein and thereby demised and granted or mentioned to be demised and granted And also doth hereby fully and absolutely release the said Condition and assure all and every Condition and Conditions whatsoever in the said recited Indenture of Lease contained And also the said R.F. for the consideration aforesaid doth hereby grant demise confirm and unto the said T.F. his Executors Administrators and Assigns the aforesaid Messuages or Tenement Cottage Closes Lands and all other the premisses for all the foresaid term and number of 500 years by the said recited Indenture of Lease demised or thereby mentioned to be demised and doth also hereby grant and release unto the said T. F. his Executors and Assigns the aforesaid yearly Rent of 1 l. by the said recited Indenture reserved and all the arrerages thereof To have and to hold all the said Messuage or Tenement Cottages Closes Lands and all other the premisses with their and every of their appurtenances in the said recited Indenture mentioned and the said yearly rent unto the said T.F. his Executors Administrators and Assigns for and during all the rest and residue of the said term and number of 500 years in the said recited Indenture of Lease mentioned and now to come and unexpired freely and absolutely without any Proviso or Condition whatsoever Cum Covenantis proprecata fruitione ab Incumbram ulterior Assurand In witnesse whereof c. An Indenture upon Marriage and for setling Lands to uses and a Declaration of a Fine lovied to those uses THis Indenture made c. between J. S. Esq second Son of the Right Honourable H E. of W. on the one part and A. Lady D. of c. and Sir T. W. of c. on the other part Whereas the said E. and A. his wife Recital of being seized in the County of W. are now seized for the term of their lives and for the life of the longer liver of them of and in all that the Mannor of G. and the Lands Tenements and Hereditaments called C. P. and of the Burrough of C. and of the Advowson and free gift of the Parsonage of the Church of C. with all and singular the rights members and appurtenances thereof in the C. of D. and of divers Messuages Lands Tenements Rents Woods Wood grounds and hereditaments to the said Mannor and premisses belonging or appertaining without Impeachment of wast the Reversion or Remainder thereof to the said J. S. and the heirs of the body of the said J. S. lawfully to be begotten And for want of such Issue the Remainder to the right heirs of the body of the said E. and C. And for want of Heirs issuing of the body of the said E. and C. the Remainder then to the right and next heirs of the said C. for ever Recital of the Marriage And whereas there is a Mareiage by Gods Grace intended shortly to be had and solemnized between E. Lord H. Son and heir apparent of the said E. and C. and E.D. sole Daughter of the said A. Lady D. they the said E. and C. and the said J. S. for settling of the Inheritance of the said M. and premisses to the uses hereafter expressed and declared have this present time of the holy Trinity in the year above-said acknowledged and levied one Fine in due form of Law before his Majesties Justices of his Court of Common-Pleas at Westminster Recital of the Fine unto the said A. Lady D. and Sir T.W. and to the heirs of the said A. Lady D. amongst other Mannors Lands Tenements and Hereditaments in the said Fine contained of and for all that the said Mannor of C with the appurtenances And of all Lands Tenements Meadows Pastures Feedings Commons Woods Wood-grounds Wasts Moors Heaths Liberties Franchises Jurisdictions Advowsons Presentations Emoluments and Hereditaments whatsoever to the said Mannor and premisses or any part or parcel thereof belonging or appertaining or accepted reputed taken known or demised letten used occupied or enjoyed as part parcel or member thereof or any part thereof And whereas the said E. and C. by Indenture tripartite under their Hands and Seals dared with these presents have expressed and declared that the said Fine so levied of and for the said Mannor of C. and premisses herein contained should be and enure to the use and behoof of them the said E and C. for and during the term of their two lives and the life of the longer liver of them without Impeachment of or for any manner of wast and from and after their decease and of the Survivor of them the remainder thereof to the use of the said E. Lord H. during the term of his natural life and from and after hi● decease the Remainder thereof to the Heirs males of the body of the said E. Lord H. to be begotten on the body of the said E. the remainder thereof to the right heirs of the said C. as by the said Fine and recited Indenture purporting and declaring the use aforesaid it doth and may appear Now this Indenture witnesseth Intention of Parties and it is hereby covenanted concluded declared and agreed by and between all the parties to these presents and the true intent and meaning of the said J S. and of all the parties to these presents and to the said Fine at the time of levying thereof for and concerning the said Mannor of C. with the rights members and appurtenances thereof was and now is that the said Fine should be and enure and hereby and by all the parties to these presents is declared and expressed to be and enure and the Cognizees of the said Fine and their heirs shall stand and be seized of the said Mannor of C. with the rights members and appurtenances thereof To the uses intents and purposes hereafter expressed limited and declared that is to say The Uses To the use and behoof of them the said E. and C. for and during their two lives and the life of the longer liver of them