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.

A Defeazance of a Recognizance in Chancery.

THis Indenture &c. Between H. H. of L. Inholder, of the one party, and S. S. of London, Gentleman, of the other party, witnesseth, That wheras the said H. H. at the instance and request of the said S. S. and for his cause together with him the said S. S. in and by one Recognizance, bearing date &c. knowledged to be enrolled in the Court of Chancery, became bounden unto T. S. of P. in, the County of S. Esquire, in the Sum of 1700 l. of &c. as in and by the same Recognizance doth and may appear.

And wheras also by one Indenture, bearing date &c. made between the said S. S. and H. H. on the one party, and the said T. S. on the o∣ther party, witnessing, That wheras a Marriage was then intended (and now is Solemnized) between the said S. S. and E. S. the Sister of the said T. S. And for the setling of a competent and sufficient Joynture for the better maintenance and living of the said E. if she happen to survive and over-live the said S. S. and that some stay and estate might be had to the Heirs of the said S. on the body of the said E. lawfully to be begotten, the said S. S. and the said H. H. at the instance and re∣quest of the said S. S. together with the said S. for themselves and ei∣ther of them, their and either of their Heirs Executors and Administra∣tors, and every of them, did covenant promise and grant, to and with the said T. S. his Heirs and Assigns, by the said Indenture, that the said S. S. and H. H. or one of them, their, or one of their Heirs or Assigns, shall and will within four years next ensuing the date of the said Inden∣ture, well and sufficiently convey and assure, or cause and procure to be well and sufficiently conveyed and assured, Lands Tenements and Hereditaments, within the Realm of England, of the clear yearly value of 100 l. by the year, over and above all and every yearly Charges Deductions and Reprises, clearly acquitted and discharged, of all Titles Troubles and Incumbrances to the said E. during her life, and after her death, to the use of the said S. S. and the Heirs of his bo∣dy on the body of the said E. lawfully to be begotten, and for default of such Issue, to the Heirs and Assigns of the said S. for ever. And that the person and persons, which shall so convey and assure the said Lands Tenements and Hereditaments, shall be at the time of the con∣veyance therof, lawfully, rightfully, and absolutely seised of the said Lands Tenements and Hereditaments (in manner and form as afore∣said to be conveyed) of a good and perfect Estate in the Law in Fee-simple.

And further the said S. S. and H. H. for themselves and either of them, their and every of their Heirs and Assigns, did covenant promise and grant, to and with the said T. S. his Heirs and Assigns, by the said

Indenture, that if the said S. S. shall decease within the said four years, and before such assurance had and made, that then the Executors or Administrators of the said S. S. shall from the day of the death of the said S. untill such assurance as aforesaid shall be made, well and truly pay, or cause to be paid to the said E. if she be living, and if she be de∣ceased, to such Children as shall be in the mean time begotten on her body, and then living, one yearly Rent of 100 l. by the year, of lawfull money of England, at four Feasts or Terms in the year, that is to say At the Feast of the Annunciation &c. the Nativity &c. St. M. &c. the Birth &c. or within twenty daies next after every of the same Feasts, by even Portions, the first payment therof to begin at such of the same Feasts as shall next ensue the decease of the sad S: S.

And wheras also by the same Indenture it was covenanted and agreed between the said parties.

And the said T: S: for himself, his Heirs Executors and Administra∣tors, and every of them did covenant, promise, and grant, to and with the said S: S. and H: H: their Heirs and Assigns, by the said Indenture, That if the said S. S: and H: H: their Heirs Executors and Administra∣tors, and every of them do and shall well and truly observe, perform, fulfill and keep, all and every the Covenants Grants Articles and A∣greements in the said Indenture contained, which on his or their parts and behalfs are, or ought to be observed and kept, according to the te∣nor, purport, and true meaning of the said Indenture; That then the said Recognizance should be void, frustrate, and of none effect, and a Vacat entred upon the Record therof, any thing in the said Indenture to the contrary notwithstanding. Otherwise the same to stand and a∣bide in full force and strength, as by the said Indenture at large doth and may appear.

And wheras also the said S: S: in and by one other Recognizance, bearing date the said &c. knowledged to be enrolled in the Court of Chancery, became bounden unto the said H: H: in the Summ of 1800 l. of &c: as in and by the same Recognizance it doth and may appear.

Now it is covenanted and agreed between the said parties to these presents, and the said H: H. for himself, his Heirs Executors and Admi∣nistrators, and every of them doth covenant promise and grant, to and with the said S: S: his Heirs and Assigns by these presents, That if the S: S: his Heirs Executors and Administrators, or any of them do, and shall well and truly observe, perform, fulfill, and keep all and every the Covenants Grants Articles and Agreements contained in the said re∣cited Indenture, which on the parts and behalf of the said S. S. and H, H: or either of them are, or ought to be observed and kept, according to the tenor, purport, and true meaning of the said recited Indenture, and therby do acquit, discharge, and at all times hereafter save harm∣lesse the said H: H: his Heirs Executors and Administrators, and every

of them, of and from the said recited Recognizance of 1700 l. and of and from the said Covenants contained in the said recited Indenture, that then the said Recognizance of 1800 l. acknowledged by the said S. S. to the said H. H. shall be void, frustrate, and of none effect, and a Vacat entred upon the Record therof: Otherwise the same to stand and abide in full force and strength: In witness &c.