The compleat clark, and scriveners guide. Containing exact draughts and presidents of all manner of assurances and instruments now in use: as they were penned and perfected by divers learned judges, eminent lawyers, and great conveyancers, both ancient and modern. Whereunto is also added a concordance of years, from the time of King Richard the third untill this present; very usefull for conveyancers and others. With an exact alphabeticall table, whereby any of the said presidents may be easily found out.

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Title
The compleat clark, and scriveners guide. Containing exact draughts and presidents of all manner of assurances and instruments now in use: as they were penned and perfected by divers learned judges, eminent lawyers, and great conveyancers, both ancient and modern. Whereunto is also added a concordance of years, from the time of King Richard the third untill this present; very usefull for conveyancers and others. With an exact alphabeticall table, whereby any of the said presidents may be easily found out.
Publication
London :: Printed by T.R. for H. Twyford, and are to be sold at his shop in Vine-Court Middle Temple, N. Brookes at the Angell in Cornhill, J. Place at Furnivals Inne Gate in Holborne, and R. Wingate, at the Golden Hind in Chancery-Lane,
1655.
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Subject terms
Conveyancing -- England -- Early works to 1800.
Forms (Law) -- England -- Early works to 1800.
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"The compleat clark, and scriveners guide. Containing exact draughts and presidents of all manner of assurances and instruments now in use: as they were penned and perfected by divers learned judges, eminent lawyers, and great conveyancers, both ancient and modern. Whereunto is also added a concordance of years, from the time of King Richard the third untill this present; very usefull for conveyancers and others. With an exact alphabeticall table, whereby any of the said presidents may be easily found out." In the digital collection Early English Books Online 2. https://name.umdl.umich.edu/A80285.0001.001. University of Michigan Library Digital Collections. Accessed May 15, 2024.

Pages

A Lease of a Wind-Mill.

THis Indenture made &c. between H: E: of M: of the one part and T. P. of K. in the County of H. yeoman, of the other part witnesseth, That the said H. E. as well for and in consideration of the yearly Rent hereafter in and by these presents reserved, as for divers other good causes and considerations, the said E. therunto especially moving, hath demised granted set and to farm-letten, and by these pre∣sents doth demise grant set and to farm let unto the said T. P. his Exe∣cutors Administrators and Assigns, all that peece and parcell of ground, lying and being in N. Feild, within the Parish of K. aforesaid. And all that the Mill, called K. or N. Wind-Mill, scituate standing or being in or upon the said peece or parcell of ground, together with all and

Page 469

all manner of going and running Geers, belonging and used to and with the same Mill. And also all and all manner of other Goods and Chattels Utensils Implement and Tools whatsoever, of his the said H. E. now standing remaining or being, of in or upon the same peece or parcell of ground, or within or upon the same Wind-Mill: All which now are more particularly set down and expressed in a Schedule inden∣ted, to these presents annexed; Together with all waies passages and common use of passing to and from the said Wind Mill, heretofore usully accustomed and enjoyed, with all and every the appurtenances, to have and to hold he sad peece and parcell of Ground Wind-Mill, and all and singular the before mentioned Premisses, with their and e∣very of their appurtenances, unto the said T: P: his Executors Admini∣strators and Assigns, from &c. for and during, and untill the full end and term of &c. from thence next ensuing, and fully to be compleat finished and ended, yeilding and paying therfore yearly during the said term, unto the said H. E. his Heirs and Assigns, the summ of &c: of good and lawfull money of England, at the &c. by even and equall portions: And if it shall happen the said yearly Rent of &c. to be behind or unpaid, in part or in all, by the space of &c. daies next after any of the said Feast-daies of payment, wherin the same ought to be paid as aforesaid, being lawfully demanded, that then it shall and may be lawfull to and for the said H. E. his Heirs and Assigns, into the said peice or parcell of Ground and Wind-Mill and othet the Premi∣ses, to enter and distrain, and the Distresse and Distresses so had and taken, to bear and carry away, and the same to withold and keep, un∣till the said H. E. his Heirs and Assigns, shall of the same Rent, and of every part and parcell therof, with the arrerages therof (if any happen to be) be fully satisfied contented and pad.

And the said T. P. for himself, his Executors Administrators and Assigns, and every of them doth covenant promise and grant, to and with the said H. E. his Heirs Executors Administrators and Assigns, and every of them by these presents, That he the said T. P. his Execu∣tors Administrators and Assigns, shall and will at all times needfull during the said term, grinde to and for the said H. E. his Houshold and Family, All such Grain of Wheat, Rye, and Barley, as shall be by the Servants or Assigns of the said H. E. brought to the said Mill, & spent for the convenient maintenance of him the said H. E. his hous∣hold and Family, if the said H. E. &c. shall so long dwell and inhabit in K. aforesaid, and the same Grain shall grind wthout any delay, and so soon as the same may be conveniently ground by the aid Wn Mill and that without claiming or taking any manner or Toil or custom for the same, the Griest of Grain not exceedng six bushels weekly.

And the said T. P. for the said T. P. for himself, his Executors Ad∣ministrators

Page 471

and Assigns, doth covenant promise and grant, to and with the said H. E. his Heirs and Assigns, by these presents, That he the said T. P. and his Assigns, shall and will for and during all the foresaid term, at all times, when and as often as need shall require, at his and their own proper costs and charges, well and sufficiently amend maintain and keep in repair the said Wind-Mill, and every part therof, with all manner of needfull and necessary Reparations, the said H. E. his Heirs and Assigns, finding, providing, and allowing all such and so much great Timber, as shall be meet and convenient, for the uphold∣ing, repairing, and amending of the same Mill: As also bringing the said Timber to the said Mill, at all times when need shall be for amend∣ing of the same. All which the said H. E. his Heirs and Assigns, do co∣venant and grant, to and with the said T. P. his Heirs and Assigns, to do, fulfill, and perform.

And the said H. E. for himself his Heirs Executors Administrators and Assigns, doth covenant promise and grant, to and with the said T. P. his Executors Administrators and Assigns, and every of them by these presents, That if it shall fortune at any time within the said term (which God forbid) that the said Wind-Mill by violence of weather or tempest to be overthrown, or by any other casualty to pe∣rish; And that not by the carelesnesse or negligence of the said T. P. his Executors or Assigns, that then the said H. E. his Heirs or Assigns, shall and will at his and their own proper costs and charges, within &c. next after such over-throw or other casualty erect re-edifie and build again the said Wind-Mill and place the same within the said compasse of the same ground wheron it now standeth, to the use of the said T. P, his Executors and Assigns.

And the said T. P. for him, his Executors Administrators and As∣signs, doth covenant promise and grant, to and with the said H E. his Heirs and Assigns by these presents, That if it shall fortune the said Wind-Mill, by violence of weather, or otherwise, to be overthrown or perish, and that by the negligence and carelesnesse of the said T. P. his Executors or Assigns, that then the said T. P. his Executors Administrators and Assigns, shall and will before the end of &c. next after such over-throw or other casualty, erect, re-edifie, and build a∣gain the said Wind-Mill, and place the same where now it standeth, at his and their own proper costs and charges, he the said H. E. find∣ing providing and allowing such and so much Timber, of all sorts need∣full as will serve for the re-edifying and building the same again, the said T. P. being allowed all the Chips and of all wood therof, for and towards his charge of the same.

And further that he the said T. P. his Executors Administrators and Assigns, shall and will at the end of the said term of years hereby granted, leave and yeild up the said Wind-Mill in good and sufficient

Page 470

repair, together with such Implements Utensels Tools, and going or running Geeres, belonging to or used with the same Mill, and of so good value and price, as they be now valued at, as appeareth in the Schedule to thee presents annexed, as shall be adjudged meet, by the judgement of two indifferent men to be chosen by the said parties e∣qually to view and value the same.

Provided alwaies, and it is neverthelesse covenanted granted con∣descended and agreed, by and between the said parties to these pre∣sents, that if it shall happen the said Implements Utensils Tools or run∣ning Geeres in the said Schedule expressed, not to be found by the said two men to be of so good value at the end of the said term, as they now are rated at, that then he the said T. P. his Executors Ad∣ministrators or Assigns, shall and will content and pay unto the said H. E. his Heirs or Assigns, so much lawfull money, as the said Imple∣ments Utensils Tools and running Geeres shall be lesse worth, then they are in the said Schedule valued: Or if it shall happen the said Implements Utensils Tools or running Geeres, to be found by the said two men, to be of better value then they are now expressed in the said Schedule to be of, that then the said H. E. his Heirs or Assigns, shall and will content and pay unto the said T. P. his Executors or Assigns, so much lawfull money as the same Goods shall be better worth by the judgment of the same two men.

And the said T. P. for himself, his Executors Administrators and Assigns, doth covenant promise and grant, to and with the said H. E. his Heirs and Assigns, that he the said T. P. his Executors Administra∣tors nor Assigns, shall or will demise let or set the said peece of ground or Wind-Mill, or any part therof, to any person or persons, during the said term, without the consent of the said H. E. his Heirs or As∣signs, first had and obtained in writing.

And the said H. E. for himself, his heirs executors administrators and Assigns, doth covenant promise and grant, to and with the said T. P. his executors administrators and assigns, and every of them by these presents, That he the said T. P. his Executors administrators and assigns, shall and may at all times hereafter, and from time to time during the said term, for and under the yearly Rent Covenants Reser∣vations and Agreements above specified, peaceably and quietly, have hold occupy possesse and enjoy the said peece or parcell of ground, Wind-Mill, and other the above demised premisses, with their and e∣very of their appurtenances, without any lawfull let trouble deniall expulsion eviction incumbrance or interruption, of or by the said H. E. his heirs executors administrators or assigns, or any of them, or of a∣ny other person or persons whatsoever, lawfully claiming from by or under him, them, or any of them: In witness &c.

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