Gambar halaman
PDF
ePub

No. CCLXXIII.

Bond from a Clerk and his Surety for the faithful Execution of

his Office in a Brewery.

Know all &c. see ante, No. CCLXVII.

No. CCLXXIII.

By Clerk.

Obligation.

Whas &c. in and by certain articles of agt bearing date &c. Recitals. (recite agreement between the above-bounden (clerk) and the sd (obligees) his principals) And whas upon the treaty for the engagement of the sd (obligor) as such clk he the sd (surety) on the behalf and at the request of the sd (obligor) did consent and agree to become surety unto the sd (obligees) for the sd clk's true and faithful exon and discharge of his sd office as hnaftr is mentd

Now &c. see ante, No. CCLXX. That if the sd (obligor) do Condition. and shall at all times so long as he shall continue clk of the sd (obligees) in all things well and truly abide by perform fulfil and keep all and singr the covts and agts contd in the afd articles on his pt and behalf and do and shall faithfully and diligently serve the sd (obligees) and the survors or survor of them for the full term of yrs mentd in the sd articles and according to the full and true intent and meaning of the sd articles Then &c. see ante, No. CCLXX.

Bond to secure the Payment of an Annuity to a former
Mistress, see ante, No. LXXXIV.

ANNUITY BONDS.

Obs. When a bond is a collateral security, it is charged with a 17. stamp, but when it is the principal security, it is charged with an ad valorem stamp on the annuity or sum secured, not amounting to 107. per annum, 17.; amounting to 10l. and under 501., 21.; to 50l. and under 100l., 31.; to 100l. and under 2007., 47.; to 2001. and under 3001., 51.; to 300l. and under 400l., 6l.; to 400l. and under 500l. &c. See MORTGAGES.

No.
CCLXXIV.

Payment of an
Annuity.

Obligation.

Recital of contract.

No. CCLXXIV.

Bond for Payment of an Annuity (General Precedent). Know all &c. see ante, No. CCLXVII.

Whas the above bounden (obligors) hath contracted with the above-named (obligees) to grant to them and survor of them and the exs ads and ass of such survor one annty or clear yrly sum of £ for the lives of H. H. of &c. and W. H. of &c. and the life of the survor of them at and for the price or sum of £ And whas upon the treaty for the purchase of the sd annty or clear &c. of £ it was agreed that the same shd be secured by the jt and sevl warrant of atty of the above bounden (obligors) for confessing judgmt thon upon which judgmt is intended Repurchase of to be entered up as hnaftr mentd in that behalf And it was furr agrd that the sd annty or &c. of £

Warrant of attorney.

annuity.

Costs of secu rities.

Defeasance.

might be repurchased at the time and upon the terms and condons hnaftr mentd in that behalf And also that the costs and chas of preparing and perfecting the sd secties for payment of the sd annty and entering up the sd judgmt and inrolling a proper memorial thof shd be borne by the sd (obligors) And whas in pt performance of the sd agrt the sd (obligors) have on the day of the date of the above written obligon extd a warrant of atty bearing even date herewith empowering certain atties thin named to confess judgmt thon jtly or sevly against them in her Maj. Ct of Q. B. at West at the suit of the sd (obligees) for the sum of £ besides costs of suit as of Hilary term last Easter term next or any or. subsequent term with a condon or defeasance thon indorsed that no exon shd issue on the judgmt intended to be Writ of execu- entered up in pursuance of the sd warrant of atty until deft shd happen to be made in paymt of the sd annty on some or one of the days and times and in manner hnaftr mentd and appted for the paymt thof when and in such case it shd and might be lful for the sd (obligees) or the survivor of them or the exs ads and ass of such survor to sue out one or more writ or writs of exon upon or by virtue of the sd judgmt for all arrears of the sd annty which shd then be due And all costs chas dams and exps which they or any or either of them might have been at or put unto by reason or on acct of the nonpaymt thof witht reviving the sd

tion to recover

arrears.

No. CCLXXIV.

Annuity.

Want of reviving judgment.

purchase.

judgmt or doing any act matter or thing to keep the same on foot notwg the sd judgmt shd have been entd of record for the Payment of an space of one year or more And that the sd (obligor) or either of them their or either of their hrs exs or ads shd not nor wd have rece take or attempt by any means to have rece or take any plea exception or advantage for want of reviving the sd judgment (a) or keeping the same on foot And that if they or either or any of them shd attempt so to do by action motion or or. legal proceeding whatsr these prests might be pleaded and shewn in bar thto any rule or practice of the court or or. matter or thing to the conty notwg And whas it hath been agrd betn the Terms of resd pties that the sd (obligees) or the survor of them or the exs ads or ass of such survor shall and will accept and take the sum in full for the repurchase of the sd annty or yrly sum at the time and upon the terms hnaftr conditioned for the same And they have also agrd that upon the dece of the survor of them the sd H. H. and W. H. in case the sd annty shall not have been repurchased and upon full paymt of the sd annty and of the proportional pt (b) thof up to and inclusive of the day of dece of such survor and of all costs chas and exps as afd then the sd (obligees) or the survor &c. or the exs &c. in either Acknowledg of the sd cases shall and will at the request cost and chas of the faction. sd (obligors) or either of them or their or either of their exs ads or ass acknge satisfaction on the record of the sd judgmt.

of £

of £

ment of satis

Now the Condition &c. see ante, No. CCLXX. That if the Condition. above bounden (obligors) or the survor of them their or either of their hrs exs or ads shall and do well and truly pay or cause to be pd unto the sd (obligees) or the survor of them or the exs ads or ass of such survor for and during the jt natural lives of the sd H. H. and W. H. and the life of the survor of them one annty or clear yrly sum of £ of lful money of G. B. free and clear of and from all taxes chas and incumbs whtsr parliamentary or orwise (c) and to be pd and paye at or in the dining-hall of Lincoln's Inn in the sd Co of Mesx or at such or. place or places in or about London or West. as the sd (obligees) or the survor of

(a) As to reviving &c. judgments, see Dig. p. iii. tit. JUDGMENTS.

(b) As to the apportionment of rents, see ante, APPORTIONMENT.

(c) If it be necessary say "except the income or property tax paye on the same annty."

No. CCLXXIV.

Payment of an

Annuity.

them or the exs ads or ass of such survor shall direct or appt
betn the hours of eleven or twelve of the clock in the forenoon
of the sevl respive days and times followg that is to say (see
ante, No. LXXXV.) And also such a like proportional pt thof
as shall accrue from and after the last of the afd days of paymt
next preceding the dece of the survor of them the sd H. H. and
W. H. from and up to the day on which such dece shall happen
or if the sd (obligors) or either of them their or either of their
hrs exs or ads shall at any time after the term of five yrs to be
computed from the day of the date of the above written obligon
be desirous of repurchasing the sd annty or clear yrly sum of
£ and of such his or their intention shall give three cal mths
notice in writing unto the sd (obligees) or the survor of them or
witht or in lieu of such notice shall pay unto them or him the
sum of £
being one half year's portion of the sd annty or
&c. of £ and do and shall on the expiration of such notice
or on such paymt in lieu thof as the case may be well and truly
pay or cause to be pd unto the sd (obligees) or the survor of
them or the exs ads or ass of survor the sum of £
being the
original purchase money of the sd annty or clear yrly sum of
£ and all and evy sum and sums of money which shall then
be due and owing to the sd (obligees) or the survor of them or
the exs ads or ass of such survor for or on acct of the sd annty
&c. of £ up to and inclusive of the day of paying the same
And also for and on acct of all costs chas dams and exps which
they or any of them shall or may have been at or put unto for
or on acct of the nonpaymt of the sd annty then the above-
written obligon shall be void and of no effect orwise be and re-
main in full force and virtue.

Memorandum-Recd of the within named (obligees) the sum
of £ in manner following that is to say one Bk of Engld
note (a) No. for the sum of £ as in the within-written
bond or obligon is agrd to be given by the sd (obligees) for the
purchase of the within mentd annty or clear yrly sum of £
and which sd sum of £

was pd by the sd (obligees) in their

own proper psn to the sd (one obligor) in his own proper psn

Witness E. F.

(obligor)

(a) As to the provision respecting the consideration in the Annuity Act, see Dig. p. ii. tit. ANNUITIES.

No. CCLXXV.

Bond for securing the Payment of an Annuity to a Man and

his Wife for their Lives.

Know all &c. That &c. see ante, No. CCLXVII.

No. CCLXXV.

Annuity to a
Man and his
Wife.

Obligation.

annuity.

Whas the above-named (obligee) hath contracted with the Recitals. above-bounden (obligor) for the absolute purchase of one annty Contract for or annual sum of £ to be pd unto the sd (obligee) and his purchase of an ass during his life and after his dece to E. his wife and her ass if she shd survive him free from taxes and witht any or. deduction whatsr by equal half-yrly paymts on the days hnaftr mentd Togr with a proportional pt of the sd annty or annual sum of £ for the time which at the dece of him the sd (obligee) shall have elapsed of the sd annty then growing due And the price and conson for the purchase of the sd annty or annual sum of £ is £ sterling money of Gt Britn and the sum

of £ int or share in capital joint stock of 5 per cent. annties
created by an Act of Parlt passed &c. And whas the sd (obligee)
hath before the exon of the above-written bond paid the sd sum
of sterling money to and transferred the sd sum of £
5 per
cent. stocks into the name of the sd (obligor) in the bks of the
Govr and Compy of the Bk of Engld which paymts the sd
(obligor) doth hby acknge And whas upon the treaty for the
sd purchase it was agrd that the costs and chas of procuring
the sd sum of £ upon the sd annty and of preparing and
perfecting the secties for the same shd be borne and pd by the
sd (obligor).

Now the condition &c. see ante, No. CCLXX. That if the Condition. above-bounden (obligor) his exs or ads do and shall well and

truly pay unto the sd (obligee) or his ass during the term of his

natural life one clear annty or annual sum of £

paymts on or at the days and times following that

[blocks in formation]

by half-yrly

is to say on the first half

next ensuing

the date of the above-written bond And do and shall also if E. now the wife of the sd (obligee) be living at his death well and truly pay or cause &c. unto the sd E. D. yrly and evy yr during the then remr of her life a like clear annty or yrly sum of £

« SebelumnyaLanjutkan »