|Author:||Herne, John, fl. 1660.|
|Title:||The modern assurancer, or The clarks directory.: Containing the practick part of the law, in the exact formes and draughts of all manner of presidents for bargaines, and sales, grants, feossments, bonds, bills, conditions, covenants, joyntures, indentures; to lead the uses of fines and recoveries, with good provisoes, covenants to stand seised, charter-parties for ships, leases, releases, surrenders, &c. And all other instruments and assurances now in use: intended for all young studients and practizers of the lavv. / By J.H. With an exact table wherein may be found the principall matters therein contained.|
|Publication Info:||Ann Arbor, Michigan: University of Michigan Library
2012 November (TCP phase 2)
This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. Searching, reading, printing, or downloading EEBO-TCP texts is reserved for the authorized users of these project partner institutions. Permission must be granted for subsequent distribution, in print or electronically, of this text, in whole or in part. Please contact project staff at email@example.com for further further information or permissions.
The modern assurancer, or The clarks directory.: Containing the practick part of the law, in the exact formes and draughts of all manner of presidents for bargaines, and sales, grants, feossments, bonds, bills, conditions, covenants, joyntures, indentures; to lead the uses of fines and recoveries, with good provisoes, covenants to stand seised, charter-parties for ships, leases, releases, surrenders, &c. And all other instruments and assurances now in use: intended for all young studients and practizers of the lavv. / By J.H. With an exact table wherein may be found the principall matters therein contained.
Herne, John, fl. 1660.
London: Printed for Henry Twyford, and are to be sold at his Shop in Vine-Court Middle-Temple, and Nath. Brook at the Angel in Cornhill, 1658.
Law -- England
Forms (Law) -- Great Britain
illustrated title page
TO THE READER.
THE MODERNE ASSURANCERS STUDY opened; Being a Collection of all manner of ASSURANCES now in use both absolute and Conditionall.
Articles of Agreement.
Articles of Agreement upon a mar∣riage.
An Indenture of Covenants where two young men ha∣ving taken their Masters Shop after his decease they are bound to the Administrators to ga∣ther in his debt, &c.
A Bill of Credit.
A Bill into the Chancery to have Witnesses examined in perpetuam Rei memoriam.
A Bill of Exchang.
A Charter Party.
A Charter Party.
A Charter-party passed.
Another Charter partie.
Another Condition for delivery of Tinne.
A Condition for delivery of Wooll.
A Condition for payment of an Annuity, during ones life.
A Condition that the Obligor shall be ready at a certaine place to marry the Obligee within thirty dayes warn∣ing.
A Condition that a man shall marry one before a day.
A Condition that a man shall not become surety without licence.
A Condition for ones appearance at a certaine day and place to answer to such things as shall be objected a∣gainst him.
A Condition where one is bound not to sell away his interest in a Shop before A. B. have the refusall thereof.
A Condition for the good service of a man.
A Condition for a servants true service with his Master, and for making of true accounts of that shall come to his hands.
A Condition to answer that an apprentice shal endammage his Master.
A Condition that a man shall leave his wife two parts of his lands and goods if she survive him.
A Condition to pay a summe of money or deliver a Chain by a day.
A Condition where two Executors are, that each shall an∣swer a moyety of that shall be recovered for any act done by their Testator.
A Condition to re-deliver a Letters Patents by one borrow∣ed of another.
A condition for sealing of a generall quittance by one by a day.
A Condition where one is become surety and is to become surety for the Obligor, and hath lent and is to lend to the Obligor divers summes of money, all expressed and to be expressed in a Book indented, the Obligor is bound to make payment thereof at the dayes in the said Book limited.
A Condition where one hath received divers Legacies to the use of Children, he is bound to make payment thereof to them at the times limited in the Will.
A Condition to leave a woman two hundred pounds in monie, and Goods for her Thirds by the Custome of London, and if her part come to more out of the Husbands Goods at his decease, that then that over-plus be answered also.
A Condition for working with one for a certaine time for certain wages.
A Condition that where a Widow marrying have∣ving A lease of a house and divers goods therein the husband is bound not to sell any part thereof during the marryage if she survive him then to leave the same discharged of encumbrances done by him.
A Conditioon to make one Free at a certain time,
A Condition to pay such summes of money as one shall be compelled to pay by reason of a bayling one in the Counter.
A Condition not to become surety.
A Surrender of copy hold Land conditionall.
A Condition upon the same Surrender.
A Condition by a Father, to make his Sons Wife a Joyn∣ture, and to pay a summ of monie by a day, and to leave the Son and his Wife a more summe at his de∣cease.
A Condition by one having the Office of the Keeper of the Worsted Hall, and Hall for English Bayes in London granted unto him to collect the Duties, and be accountant to the Hospitall upon request.
A Condition to put in Surety by a day, to save one harm∣less, having given his word for a Debt.
A Condition to save one harmlesse being bound for Childrens Portions in the Chamber of London.
A Condition to save one harmlesse being Baile for ones appearance in the Kings Bench, upon an Arrest by Latitat.
Another like Condition.
A Condition that where two are bound to pay monie at a day, if they bail, then to pay it within a month after.
A Condition that if a Goldsmith re-deliver not such Plate and Silver as shall be put to him to be wrought, then the Obligor upon certaine warning to make it good.
A Condition that where a Legacy is given to a Child, the Father receiving it to the Childs use, is bound to save the Executors harmlesse.
A Condition that if the Obligee procure the Obligor a Lease in Reversion from his Majestie of certaine Lands by a day then the Obligor to pay him a certaine sum of money therefore.
A Condition to convey a Lease or pay a sum of money by a day.
A Condition to make Grant of an Annuity for two lives by a day.
A Condition that if the Obligor sell his house, then the Ob∣ligee to have the preferment thereof before another.
A Condition that where the Obliger hath taken up money by exchange at Antwerp for the Obligee, to be re∣turned by Re-change to London, the Obligor is bound to pay it at re-change with the interest,
A Condition upon a Letter of Attorney for receiving of sundry debts.
A Condition where one is bound with Sureties to certain of his wives friends to leave her the worth of foure hundred pounds, monie, Goods, and Chattells, if she survive him.
A Condition that a man and his wife shall bring up Chil∣dren, and to pay their Portions.
A Condition where A. and B. are bound as Sureties with C. and A. and B. bind themselves to one another to pay half of the money.
A Condition to pay money taken up by exchange upon the rechange thereof to London.
A Condition to make an assurance of certain Copyhold Lands for one and twenty yeares Rent-free.
A Condition for sealing of an Obligation by a third man, by a day, where two have already sealed it.
A Condition to save harmlesse a Womans Joyn∣ture.
Another Condition to like effect.
Another Condition to like effect.
A Condition that an Apprentice shall make accounts, and to answer that the Master shall lose by his untruth.
A Condition for the quiet enjoying of a house, upon the sale of the Lease thereof.
A Condition for discharging of Incumbrances in a sale of Land in Feesimple.
A Condition that if Land mortgaged shall be forfeited, it shall remaine to the Mortgagee free of Incum∣brances.
A Condition upon a Poll deed for discharging of Incum∣brances in sale of a Lease.
A Condition to make a Voyage to Venice, and from thence to return with expedition.
A Condition where two having taken an Administra∣tion during a Minority, each is bound to save harm∣lesse the other of that shall come to his hands.
A Condition upon a Letter of Attorney for recovery of di∣divers debts with a clause that the Constitutor shall shew his Book to prove them.
A Condition for re-delivery of Silver wrought into Plate of such forme and fashion as shall be ap∣pointed.
A Condition where P. M. hath received a Legacy of an Executor is bound to pay his ratable part back againe, if any debts happen afterward to be paid by the said Executor, yet concealed from his know∣ledge.
A Condition where debts are owing by reason of partner∣ship, and the one of the Partners having the trade and receipt of the debts in his own hands is bound to his other Partner to pay him a halfe thereof upon receipt, &c.
A Condition to leave a Son his Childs part.
A Condition to pay the Remainder to make up a childs part, where part is paid aforehand.
A Condition to keep one harmlesse who delivereth a Chaine fearing to be put into the Exchequer.
A Condition to put in sureties to the Chamber for a sum already committed and now delivered by consent to another mans hand.
A Condition to procure new sureties to be bound in the Chamber of London to the discharge of a surety bound already if he request it.
A Condition for the assurance of a Parsonage to a Clerk presented against them that can claim former present∣ment by the saeme assurance.
A Condition for ones forth coming when he shall be cal∣led for.
A Condition where two are bound one to another, not to do prejudice upon a Bond in both their names.
A Condition to justifie a Letter of Attorney, such a one as will serve at all times if there be more summes then one, and whereas the Constitutee is to have them.
A Condition upon a Letter of Attorney that the Constitutee may receive the money to his own use.
Another Condition upon a Letter of Attorney.
A Condition to pay money upon an Act executory.
A Condition where two are Executors, and the one is bound to the other to pay halfe the Legacies and Debts, and to have halfe of the rest of the Te∣stators Goods,
A Condition to make one free by a day, and to suffer him in the meane time to take the benefit of his owne labour.
A Condition to save one harmlesse of the keeping of a Child who hath been charged for the reputed Fa∣ther thereof.
A Condition where one having delt in the affaires of an∣other, and made an account, if upon the better exa∣mination thereof it be found faulty, then the Obli∣gor to make recompence to the Obligee.
A Condition by a Jaylor to save a Sheriff and an under Sheriff harmlesse of all things particularly con∣cerning his charge.
A Condition where one having received a Childes part of his Fathers Goods in the Fathers life, is bound not to make further claime therefore, nor to trouble his Fathers Executors or Administra∣tors after his decease.
A Condition not to make any challenge against one for any contract of Matrimony, nor to trou∣ble or vex any person whom the Obligee shall marry.
A Condition to confesse an Action in one of the Counters by a day.
A Condition by a Bayliff of a Mannor for the due exe∣cution of his Office, and for making true account of the Rents and Revenues of the Mannor.
A Condition to make a Woman a Joynture by a day, and to make safe delivery of the Writing thereof to the Womans Friends.
A Condition where such as have Childrens Portions out of the Chamber of London, and being by rea∣son thereof charged with their Education, are bound to pay their Mother yearely (who hath undertaken their Education) after the rate of seven pounds per cent.
A Condition that where two have money out of the Cham∣ber, being Childrens Portions in equall part, each is bound to repay a moyety, and accomplish the Con∣dition of the Recognizance to the Chamber pro part Sep.
A Condition that one who hath taken a Lease paroll of a Shop, and certaine Implements for so long as the Lessor and he can agree, shall during his abode there∣in, pay the rent, and upon a certaine warning avoid.
A Condition that a Silver-worker shall re-deliver the Silver to him delivered to be wrought in Fashions prescribed alwaies within a time certaine.
A Condition to procure the grant of an out-lawes goods to the Obligee by a day.
A Condition to take one in execution upon a Statute by a day.
A Condition not to become surety nor play at Dice or Cards.
A Condition in case of divorce or seperation where the man and wives freinds are bound for not entermedling one with another.
A Condition upon a sale of Land passed by Feoff∣ment.
Another like Condition.
A Condition to save harmlesse of certaine Obligations, and to deliver them an acquittance for the same by a day, or the Obligations cancelled,
A Condition that a Chapman being trusted by an occupier in London for wares, shall make payment allwaies for the same at such time as the redelive∣rer and chapman shall agree.
A Condition for repayment of money upon request, for payment of certain interest yearly, during the Ob∣ligators having of the Principall towards the E∣ducation of Children; and for renewing of Sure∣ties in case of death, or decay in the Obligors.
A Condition upon an Indenture of Partnership.
Another Condition upon an Indenture of Partnership.
A Condition for sealing of a Lease annexed to this Obli∣gation by a day.
A Condition for enjoyance of Land for ever, and that an Heire shall make assurance thereof when he cometh to age.
A Condition that one in whose name a Purchase of Co∣pyhold Land is taken in trust, shall make surren∣der upon requests, &c.
An Obligation upon a Deed of Feoffment.
A Condition to cause an Obligation wherein one standeth bound to be cancelled by a day, or else to put in sure∣ties to the Obligees liking to save him harmlesse.
A Condition to answer a Fine back (per Rat.) if a Tenant will surrender his Lease before the end thereof.
A Condition to save harmlesse of a Recognizance entred in∣to for childrens portions.
A Condition to save Executors harmlesse of Legacies given to certain children by the Testator, and which Lega∣cies the Executors have delivered to the Obligors for the Childrens uses: Also to re-pay the same Lega∣cies, or a rateable part thereof in case the Overplus of the Testators goods (above his Legacies) will not satisfie his debts.
A Condition to release one all charges to be given by sen∣tence in the spirituall Court,
A Condion to make a release of charges to be adjudged by a Sentence in a Spirituall Court, and not to revive a Suit of Matrimony against the Obli∣gee, nor any way trouble him in that behalf.
A Condition to redeem a Lease mortgaged, if the Mort∣gagor redeem it not himself at the day.
A Condition that an Heire shall make a Lease of land for three lives when he cometh to age.
A Condition to leave a Wife 100 l. Joynture during her life, if she survive the Husband.
A Condition depending upon a Release of a Contract of Marriage.
A Condition for payment of monie upon request.
A Condition by a Raker to a Scavinger, for ridding of Streets in London.
A Condition to save a Merchant harmlesse that hath taken up monie at double usance for the Obligor.
A Condition that if Land purchased be evicted from the Vendee, then the Vendee to pay certaine rate for every Acre recovered. And if the Land fall charged with any Statute, Recognizance or Rent then to discharge them or satisfie the Vendee what he shall be endamaged.
A Condition by one who having a Remainder in Land gran∣ted the same to the Queen to prevent the sale by him in Possession conditionall, neverthelesse that if he delivered to A. B. a Ring of Silver of a certaine value, that then the Grant should be void: And where now having made a Letter of Attorney to deliver that Ring, he is bound not to revoke it, and to make assurance of the Land, &c.
A Condition for Childrens portions in the Chamber of London.
A Letter of Attorney upon an Obligation not forfei∣ted.
A Condition upon the same Letter of Attorney.
Another Condition upon a Letter of Attorney for recovering of divers debts.
A Condition to deliver Saffron.
A Condition to deliver Corne.
A Condition to deliver Corne at sundry dayes.
A Condition for delivery of Tinne.
For Covenants upon assurance made of a womans Joynture in Free-hold and Copy-hold Lands.
An Indenture of Covenants between the Fathers of a man and woman to be marryed, where each covenanteth to assure them Land and money of equall quantity by a day, and where each is to allow them more Land a peece at their decease.
An Indenture of Covenants amongst divers interessed for safe custody of a Grand Lease.
An Indenture where one purchasing Land charged with a Recognizance compounded with the Recogni∣zee for the Recognizance, and bindeth him to ex∣tend the same at the Purchasers request, and at his instruction: And after the extent to convey over the interest growing by the extent, &c.
An Indenture of Covenants, to make assurance of certaine Lands by a day, to Ʋses in this Inden∣ture contained, with condition that if any of the Ʋsees go about to discontinue the Estate li∣mited, otherwise then to make Joyntures, Leases, Copy estates, &c. his interest shall be deter∣mined.
A Covenant in a purchase of Land, that if the Vendee be evicted, then the Vendor to pay the Vendee back again a certain summe of monie for the quantity evicted.
An Indenture where two Owners of a Ship, Covenant with their Ship to fetch a certaine quantity of Salt from beyond the Seas, and to deliver it to a Merchant at Dublin, and the Merchant co∣venanteth upon the receit to pay a summe of mo∣monie for the same.
A Covenant where one having sold Land, the Vendee may distrain of other Land of the Vendors for tithe to be recovered against the Vendee; in respect of the Land sold.
An Assignment of a Licence to transport Wooll; for satis∣faction of a debt due to the Assignee, with covenant that if the Assignee levy not his debt by a day, the Assignor will pay it.
A Deputation in a Licence to transport cloath, continu∣able till the Deputy shall have levied a certaine debt to him owing by the Constitutor.
A Deputation in a licence for planishing of Plate, with an annuity granted for the same.
A Deputation in the moyety of a Licence granted for buy∣ing and bringing into the Realme of a certaine quantity of goods and green fish.
A Womans Joynture in Land.
An Indenture for a womans Joynture.
An Indenture for a Womans Joynture in Land without clause, that if after the Husbands death she forsake her Joynture, and seek her Dower at the Common Law, this Joyn∣ture to be void.
A Womans Joynture in Land passed by Recovery with single Voucher, with Condition to make good Leae∣ses to be made by the Husband and the Wife.
For the assurance of a Womans Joynture.
An Indenture for the knowledging of a Fine by a man and his Wife, to the intent to exclude the Woman from ha∣ving (for her Dower) the third part of Land leased by her Husband, after the Marriage betwixt her Hus∣band and her.
A Deed where two are possessed of a Lease to make them Tenants in Common to prevent the Survivorshir.
A Lease to a Woman for so long and so often as she shall remaine in Widowhood.
A Lease to them that assured the Land for the certaine payment of an Annuity.
A Lease upon Condition, that when the Lessor shall have paid the Lessees, such monie as he oweth them, or they stand bound for him, or when they shall be satisfied by Profits of the Land, this Lease shall be void.
A Lease passed by a Fine, one render of a Brewing∣house, together with a Demise of Implements, and a Covenant that if any of the Imple∣ments shall be delivered at the termes end, the Tenant shall answer the price of them.
A Lease passed to strengthen the former Lease granted in the Brewhouse.
A Lease of Tynne-work for security of payment of a summe of money.
A Lease for a hundred yeares, defeasible upon payment of a summe of money.
A Lease in reversion of a house in London well passed, with Covenant that if the Tenant be distrained upon for Rent-charge issuant out of the house, he shall retain his own Rent for satisfaction.
An under-Lease binding the Tenant to pay the Rent and performe the Covenants contained in the grand Lease, with liberty to the Lessor to resume the things letten, if he be so minded.
A Lease to Two in Common.
A very good Lease of a Mannor in Rever∣sion.
A Lease of an house in London, containing a Condition, that if a certain summe of money (for an Income) be not paid at the times appointed, the Lease shall be void.
A Lease depending upon a Bargain and Sale, with Con∣dition not to let or set.
A Lease by a Bishop for three lives, with Letter of Attorney to deliver possession.
A Habend. in a Lease for three lives.
A very good Lease of a House in London, where the Lord is bound by speciall Covenant to maintain the Principall.
A Lease for a thousand years, without impeachment of waste, containing divers good Covenants.
A very good Lease of an Inne by a Company in London.
A Lease in London where to abate the Parsons duty part of the rent is taken up by way of Income.
A Lease in London, where to abate the Parsons duty, part of the Rent is payable by way of Annuity.
A Lease for a thousand years, conditionall for payment of a summe of money.
A Lease of a Parsonage with very good Covenants.
A Lease of a House in London, knowledged by the Lessor and his wife before the Recorder, and an Alderman, and inroled in the Hustings.
A Lease from a Parson and Church-wardens of a Church in London, with condition that the Tenant shall not let, nor set without their consent.
A Lease of the moiety of the Customes and Imposts of Wines to be brought into a certain Port, during a certain term, where the parties agree to constitute a Deputy, to receive the profits to their use.
A Lease of a House in London, to take place in re∣version after the decease of one who hath an estate for life in the same.
A Lease of old housing, where the Tenant covenant∣eth to pull down the same, and new build it within a certain term, at his own cost and charges.
An under Lease back againe, by one having two Leases from a man of the Premisses demised by the one of them, conditionally he may enjoy that letten by the other.
A Lease made of Lands by an Heir out of pos∣session thereof, to one, to the intent he may re∣cover the same.
A Lease by the Queen of certain hundreds, and the grant of the Offices of Steward and Bailiff in the same Hundreds, during the Lease.
A Licence by a Lord of a Mannor to a Copyholder to pull down houses on Copyhold land.
A License to let and set, where a Proviso is contained in a Lease to the contrary.
A Mortgage of a Lease with good Covenants.
A Mortgage of a Lease to save harmlesse of a Bond by the Mortgagee entred into, binding the Mort∣gagor upon the Condition to pay the Rent reser∣ved upon the Lease, and deliver to the Mortga∣gee Acquittances for it by a certain day.
A very substantiall Proviso barring a man and his Executors, not to do away a Lease, unlesse the Taker come to the Landlord and take anew.
A Clause in a Testament to enable an Executor to sell his Testators Lands.
An Indenture testifying the payment of a summe of money, according to a Condition contained in a Deed of Feoffment, for making void of the same Feoffment.
A Surrender Conditionall by Tenant for terme of life, to him in Reversion for a Recovery to passe.
A Surrender by two Tenants for life to him that hath the Reversion.
A Testification of having the assignment of a Lease in trust, where it is set over to be saved from drowning by purchase of the fee simple.
A Writing or Testimoniall certifying the paiment of a summe of money according to a Condition con∣tained in an Indenture, for making void of the same, and uses therin contained.
An Indenture to lead the Ʋse of a Recovery to strengthen a Lease of Land in London made by a Tenant for life, and the Tenant, in tail in re∣mainder.
An Indenture for raising of Ʋses in Land, with a Condition to alter the same at pleasure.
A signification to defeit uses created in land, accord∣ing to a Proviso, &c.
A payment of a summe of money to the intent to alter uses raised in land, &c.
An Indenture leading the use of a fine after the fine knowledged.
An Indenture of a Joynture before Marriage.
An Indenture for the acknowledging and leading the use of a fine to the use of the Conizors.
An Indenture for knowledging a Recovery to sundry uses, with provision that the Estate Taile be not altered.
An Indenture to knowledge severall Recoveries of land in severall Counties to sundry uses.
An Indenture to lead the use of a Recovery.
These Books are Printed for H. Twyford, and are to be sold at his Shop in Vine-Court Middle-Temple, in Fleetstreet.
Courteous Reader, these Books following are Printed for Nath. Brook, and are to be sold at his Shop at the Angel in Cornhill.
Excellemt Tracts in Divinity, Controversies, Sermons, Devotions.
Admirable and Learned Treatises of Occult Sciences in Philosopy, Magick, Astrology, Geomancy, Chymistry, Physiognomy, and Chiromancy.
Excellent Treatises in the Mathematicks, Geometry of Arithmetick, Surveying, and other Arts, or Mechanicks.
Excellent and approved Treatises in Physick, Chyurgery, and other more familiar Experiments in Cookery, Preserving, &c.
Elegant Treatises in Humanity, History, Romances, and Poetry.
Poeticall, with severall other accurately ingenious Treatises, lately Printed.
Admirable usefull Treatises, newly Printed.