|Author:||Ashe, Thomas, fl. 1600-1618.|
|Title:||The law of obligations and conditions, or, An accurate treatise, wherein is contained the whole learning of the law concerning bills, bonds, conditions, statutes, recognizances, and defeasances ... : to which is added a table of references to all the declarations and pleadings upon bonds, &c. now extant : also another table to the forms of special conditions which lie scattered in our president [sic] books ... : with an index of the principal matters therein contained / by T.A. of Grays-Inn, Esq.|
|Publication Info:||Ann Arbor, Michigan: University of Michigan, Digital Library Production Service
2011 December (TCP phase 2)
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The law of obligations and conditions, or, An accurate treatise, wherein is contained the whole learning of the law concerning bills, bonds, conditions, statutes, recognizances, and defeasances ... : to which is added a table of references to all the declarations and pleadings upon bonds, &c. now extant : also another table to the forms of special conditions which lie scattered in our president [sic] books ... : with an index of the principal matters therein contained / by T.A. of Grays-Inn, Esq.
Ashe, Thomas, fl. 1600-1618.
London: Printed for J. Walthoe ..., 1693.
Attributed to Thomas Ashe. Cf. NUC pre-1956.
Advertisement on p. - at end.
Reproduction of original in British Library.
Obligations (Law) -- Great Britain.
Conditions (Law) -- Great Britain.
TO THE STUDETNS OF THE Common Law.
The Names of the Books made use of in the Table of Pleadings.
THE LAW OF Obligations and Conditions.
The Nature of an Obligation, and with what re∣spect it stands in the Eye of the LAW.
What persons may or may not make Obliga∣tions.
In respect of the Frame of the Obligation or Bill.
By what words an Obligation may be made, and what shall be good, and what not.
As to Faux Latin or omission.
Non compos mentis.
By Body Politick.
By what Names bound.
Who are bound though not named.
To Baron and Feme.
To Feme Covert.
To Feme sole.
Delivery as in Escrow.
By what Words or when an Obligation may be said to be Joynt or Several: Actions and De∣clarations thereon.
The Nature of a Condition.
What Conditions are good, and what not.
Conditions against Law are void.
Conditions against Common Law.
Against the Stat. 32 H. 8. Of Leuses made is Aliens.
Against Stat. 5 & 6 E. 6. c. 16. Of buying of Offices.
Against Stat. 16 Car. 2. cap. 7. Of Gaming.
Against Stat. 31 Eliz. cap. 6. Concerning Simon, and what is not.
Against Stat. 13 Eliz. c. 20. 14 Eliz. c. 11. Of Non-Residence.
Against Statutes of Usury, 13 Eliz. c. 8. 21 Jac. 12 Car. 2. c. 13. How and when such Obliga∣tions become void or not, and the Pleadings thereon.
Against Stat. 23 H. 6. cap. 10. Sheriffs Bonds void.
Explication del Statute.
The Sheriffs Return upon this Statute.
What Obligations and Conditions shall be void by this Statute, and what not.
What Obligations and Conditions are good or not, in respect of the Persons and Officers, to whom made, and in what Courts.
A Bond to be a true Prisoner for Fees, &c.
A Condition repugnant or not.
A Condition impossible. What shall be said a Condition impossible, and the Effect of it.
The Effect of a Condition impossible, and how it shall excuse.
Condition insensible and uncertain.
Obligation and Condition void by Duress, Minas.
Exposition of Conditions
About payment of Mony.
Persons to whom payment is to be made, or who are assigns for performance.
What Persons are to pay or do a thing by the Condition.
Of payment of Mony on a Bond in general.
In what Cases a collateral thing may be given in satisfaction of a Condition, for payment of some other thing in lieu of Mony.
Time of payment, or performance, where time is limited.
Payment or Performance where no time is li∣mited: Presently, or within convenient time.
During the Lives of the Parties, not before Re∣quest.
Place of Payment or Performance: Where a Place is limited.
Where no Place is limited.
Condition to pay Mony upon Marriage.
Conditions to pay Mony concerning Children or Bastards.
A Condition to pay Mony upon proof, or if such a thing be proved, then, &c.
Special Conditions for payment of Mony on Con∣tract, Agreements, Contingency, &c. and pleadings thereon.
A Condition to pay Mony on warning.
Condition to pay Mony at several days.
A Condition to pay Mony on a voyage; and Pleading.
A Condition to pay Mony yearly during Life.
A Condition to perform Covenants generally.
Of Assignment of a Breach on Bonds of Covenant.
Disability, wherein the Obligor hath disabled him∣self to perform the Condition.
Conditions to perform particular Covenants. To make Assurance.
At whose Costs.
Condition of Covenant for quiet Enjoyment.
On Covenant to acknowledg a Fine.
On Covenant to pay Rent.
On Covenants in a void Lease.
On Covenants in a Mortgage.
On Covenant for Reparations.
Pleadings on Bonds of Covenants. Variance.
To do or permit other Acts; to save harmless.
Condition to permit.
Condition to surrender Copyhold Lands.
To satisfie Imbeziled Goods.
To enjoy Office.
To procure an Office, Place, Benefice.
Conditions concerning Writings
Condition to deliver Possession.
Conditions concerning Wives.
Condition to accept a Lease.
Condition to appear at a Place.
Not to alien.
Not to continue a Suit.
To convey Land upon Marriage.
To perform a Promise.
Condition to do things belonging to a Trade.
Condition to deliver Goods, or pay Value.
Condition to reap and carry Corn, &c. over the usual Way.
Condition to give an Account.
Conditions concerning Wills and Legaci.
Expositions and Constructions of a Condition.
Conditions construed according to Intent.
Expositions of Words, Sentences and References in Conditions.
Statutes and Recognizances.
The manner of making.
By whom acknowledged, and how.
Before whom taken.
Where Actions to be brought on Statutes and Recognizances.
In what Courts taken and sued.
Recognisances in Chancery, Vid. supra Statutes.
Bail. Recognizance. The Nature of it.
Process. Scire Fac.
How and when the Bail is discharged; and of the rendring the Principal, and the time of do∣ing it.
Pleading and Execution.
Removal, Error, Hab. Corpus.
Defeasance, the noti• of it, It signifies to defeat or undo.
What amounts to a Defeasance, and what not.
Debt on Bond against the Heir.
Riens per descent pleaded, and what shall be Assets.
Judgment and Execution.
Bonds of Arbitrament.
Bods for the Good Behaviour.
The Form of the Recognisance for the Good Be∣havior
A Recognisance to appear and answer for Felony.
Recognisance of Bail.
Condition for appearance for Felony or suspicion of Felony.
What is or amounts to a Breach or Forfeiture.
Assignments of Obligations. Vide Creditors as to Statute of Bankrupcy.
Obligation. Of Creditors in respect of Statute of Bankrupts, and Assignments.
Where, and in what cases, Notice is requisite to be given before the Action brought upon an Obligation, and where not, and by whom.
Where by common Intendment the thing to be paid or done cannot lye in the conusance of the Conizor, there Notice is requisite.
Who is to do the first Act.
What things will excuse the performance of a Condition, and what not.
Acts of a Stranger.
Suits upon Obligations. How they are to be brought: In respect of the persons
Per two or three to whom the Obligation is made.
By Baron and Feme.
By Executor or Administrator.
Against Executor or Administrator.
Against Baron and Feme.
Against an Infant.
Against a Body politique.
Against two or three Obligors.
Against a Servant or Receiver.
Of Actions and Suits. Action brought before Cause of Action.
Bond where suable.
Form of the Declaration.
Declaration for Outlandish Mony.
Variance between the Obligation and Declaration.
Variance in the Sum.
Variance in the Names and Additions; Misnomer.
Variance in time of payment of Entry.
Oyer, monstre des faits.
Condition. Where a Recital in a Condition shall be an Estoppel.
Where Performance generally may be pleaded, and where it must be shewed specially, and how performed.
Pleas in Abatement.
Pleas after Imparlance.
Obligations. Pleadings. Acceptance, Coneord.
Where mistake in pleading the Sum, or the Time, is aided, and where not.
Pleadings. Tender, & Uncore prist.
Non est factum. In what cases Non est factum is a good Plea; and in what cases, and where a special Non est factum may be found.
Estoppels in Pleading.
Foreign Attachment pleaded.
Pleading to the Jurisdiction.
Obligations, Conditions. Recovery pleaded in Bar.
Venue, Bond where Triable. When the Obligation is made beyond Sea.
Place of Payment in the Condition.
Joyning Issue on payment.
On Colateral Point.
Judgment, Costs and Damages.
In Misericordia, or Capiatur.
Where and by what means an Obligation is good in its Creation, may be defeated, gone, ex∣tinct, or discharged by matter ex post fa∣cto, in deed or Law.
In what Cases Extinguishment, or Discharge of part of the Condition, shall be a Discharge of the whole.
Bond void by Interlineation.
By breaking off one of the Seals.
Discharged by Act of Oblivion.
A TABLE OF REFERENCES TO All the Approved Presidents of Declarations, Pleadings, &c. that are Extant concerning the Obligations and Conditions, digested under their proper Titles.
Narrationes in Debito.
Sur Recognizance, & Statutes.
Bars sur Recognisance.
Pur Executors & Administrators.
Versus Executors & Administrators.
Barr. Sur Counterbond, and to save harmless.
Pleas en Abatement.
Bar per Muas.
Bur by Dunese.
Bar per Recovery an ter Coar.
Per Covert Baron.
Per deins Age.
Per non est factum.
Bar per Conditions performed. Payment.
Bar per Delivery.
Bar al Obligation' Vierom'.
Sur Obl' al oun o Guardian de Flee
Bar per Acquittance, Release.
Pleadings al' Arbitration Bonds.
De seperalibus rebus faciend'.
Bar. Al Conditions de terris, & Covenants en Inden∣ture, & Articles. Conditions performed.
Al auter Special Conditions.
Bar per Concord.
Bar by Statutes. Bar per Stat. d'Usury.
Bar per Tender.
Bar per acceptance des auters choses.
Bar per Heirs.
Bar per Foreign Attachment.
Bar per Executors seu Administrators.
De Servientibus & Apprenticiis.
Recovery Judgment on Suits en auter Court pleaded in Bar.
Bar & Judgment.
A TABLE OF REFERENCES TO The several sorts of Special Con∣ditions, &c. in all the Books of Presidents, under their proper Heads.
Conditions for the payment of Mony.
Condition of Counterbond.
Condition of an Arbitration Bond.
Conditions Special. About Lands.
Other Special Conditions.
Assignment of a Bond.
Books lately printed for, and sold by JOHN WALTHOE, at his Shop in Vine-Court, Middle-Temple.