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.
Cite this Item
"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 22, 2024.

Pages

An Award in a Controversie between parties concerning the Admi∣nistration of a Deceased's Goods.

TO all to whom this present Writing Indented of Award shall come, H. T. Stationer, W. N. Stationer, A. H. Draper, I. H. the elder, Stationer, L. H. Stationer, & I. H. Habadasher, Cit of L. send greeting; Where heretofore strife & variance have been moved between A. C. Widow, late wife of I. C. late Citizen and Stationer of L. decea∣sed, on the one party, and G. C. Son of the said I. C. on the other par∣ty, for and concerning the Goods and Chattels wherof the said I. C. dyed possessed intestate; And for and concerning the right of the Ad∣ministration, of the Goods Chattels and Debts of the said Intestate: And wheras for the appeasing of the strife and variance aforesaid, and for a finall quietness to be had between the said parties, they of their mutuall assents and consents, did choose us the said H. T. &c. Arbitra∣tors, to arbiter Award, and judge, of, for, and upon all and all manner of Actions, Suits, Quarrels, Strifes, Trespasses, Debts, Debates, Ac∣counts, Variances, Transgressions, Offences, Goods, Chattels, Wares, Plate, ready money, Claims, and all other Demands whatsoever, which at any time or times between the said parties, before the 15. day of this present moneth of Iuly, have been, had moved, strived, or depending in Suit or Controversie, so as our Award, Arbitrement, Ordinance, and Judgment in and upon the Premisses, be made and given up in Writing, before the 22 day of this present month of July, as by the severall Obligations of the said parties, bearing date the said 15. day of this present month of July, wherin either of the sad parties stand bound to the other in 500 l. of &c. and the condtions severally indorsed up∣on the same Obligations will appear.

And wheras we the said Arbitrators have taken upon us the charge of the same Arbitrement, and have heard, examined, and plainly do perceive and understand the Controversies and causes of variance be∣tween the said parties, and have therupon treated with the said parties, and have by our travell brought them to a good accord and agreement. Now by their own speciall means, and by their mutuall consents and requests, we do therof make and give up by this present Writing, our Award, Arbitrement, Ordinance, and Judgment, in manner and form as followeth.

Page 113

First we do award, arbiter, ordain, and judge by these presents: That the said A. C. shall clearly and freely, on or before the 27. day of this present month of Iuly, yeild and deliver to the said G. C. as well one Bed-stead, a Trundle-bed, a Press, or Table, and the Hangings in the Chamber, where the said I. C. dyed. As also all the Goods and Chattels which were of the said Intestates at the time of his decease, comprised and mentioned in the Inuentory, made of his Goods and Chattels, by such as were appointed to praise the same, unto the which Inventory the said Praisers have subscribed their names, except such of the said Intestates Books as have been sold since the time of his death, in the Shop of his Mansion house wherin he dyed, or otherwise have been taken from thence without the knowledge of the said A. And except such other thing not exceeding the value of 5 l. of the Goods and Chattels aforesaid hapning to be imbezilled or taken away, with the consent, knowledge, or procurement of the said A. for all and singu∣lar which the sad Books and other things so being sold as aforesaid, we do award that the said A. shall content and pay to the said G. the full value therof, and of every part therof, as the same are rated and prised in the Inventory abovesaid.

And further we do award, arbiter, or ordain, and judge by these pre∣sents, that the said A. shall also before the said 27. &c. upon lawfull re∣quest by the said G. to be made, deliver unto the said G. C. all Leases and Writings which were of the said J. C. at the time of his decease, which are come to the hands or possession of the said A and especially the Lease of the Mansion house wherin the said I. C. died; And the lease of the Yard therunto adjoyning, and the Lease of those two new houses, lately being in the tenure of the said J. H. and of one G. B. Sta∣tioner: And the Lease of the house now or late in the severall tenures of R. I. T. S. and A. B. and of other things mentioned in the same Lease, and the Lease of the houses, now or late in the severall tenures of the said A. H. and R. P. and others, and the Lease of the Garden, which the said I. C. occupied, lying over against the late Charter-house, in the Suburbs of L. And the Lease of the Vault under P. Church, and all Writings and Conveyances touching the same, which came to the hands of the said A. And we the said Arbitrators do moreover award &c. That the said A. shal forthwith give her consent, and still from thence∣forth agree, permit, and suffer, that the said G. shall and may have the sole Administration of all the Goods, Chattels, and Debts, which were of the said I. C. his Father, at the time of his decease.

And also we do further award &c. That the said G. and the said G. B. and J. H. joyntly and severally before the 27. day &c. shall make, seal, and deliver as their Deed to the said A. at the now Mansion house of the said H. T. five severall Obligations sufficient in the Law, wherin they shall joyntly and severally stand bound to the said A. for the pay∣ment

Page 114

of 350 l. of lawfull &c. well and truly to be paid to the said A: or her Executors, at the said now Mansion house of the said H. T: in form as followeth; for a full satisfaction and recompence of all such part and portion as the said A. should or might have, of all the Goods and Chattels which were of the said I. C. which are specified in the said Inventory, or in these presents, the bond or penalty of the first of the said Obligations to be of 120 l. for the payment of 100 l. at or before the Feast of Saint Bartholmew the Apostle, next &c. the second to be of &c. the third &c. and the fourth to be &c. for payment &c. in the Feast &c. in full payment of the said sum of 350 l. And also we do a∣ward, that if at any time hereafter, any more or further Debt or Debts shall be demanded, and without fraud or covin lawfully recovered by Judgment or decree against the said B. his Executors or Administrators being due or owing to the said I: C. over and beyond those debts mentioned set down & expressed in a Scedule indented to these presents annexed, amounting together to the sum of 321. 6 s. 2 d. That then the said A: her Executors and Administrators, shall upon reasonable request, allow, content, and pay to the said G: his Executors or Ad∣ministrators, toward the payment of all and every debt and debts so to be recovered, over and beyond the said debts amounting to the said sum of 321 l. 6 s. 2 d. three parts of the same debt so to be recovered, in seven parts to be divided, together with the like three parts into parts to be divided, of all such costs and charges, as the said G: his Executors or Administrators, shall reasonably sustain in or about the defence, in any Suit or Action to be brought against the said G. his Executors or Administrators, upon the demand of any such Debt or Debts which was owing by the said J: C: and being none of the Debts con∣tained in the said Scedule above specified.

And further we do award, that the said G: after the delivery and yeil∣ding up of such the Goods, Chattels, Leases, or Writings, as are before limited, appointed, or awarded, to be yeilded up and delivered by the said A: or any of them, shall make and deliver unto the said A: or her Assigns, a sufficient acquittance or other sufficient Writing, under his hand and seal, of all such Goods and Chattels, Leases and others so to be received or delivered as aforesaid.

And further we do award and judge by these presents, that the said G. and his Executors, without his or their claim or molestation, shall permit and suffer the said A: to have and enjoy to her own use, as well all the wearing Apparrell belonging to her body, as also all that Furni∣ture of her loding Chamber, Jewels and Rings of Gold, Stone and Plate hereafter particularly mentioned in these presents, that is to say, In witness &c. Dat.

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