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No. CCCXI.

Money left in
Trade.

ass the full sum of £

18

of lful &c. at or upon such of the days or times next hnaftr mentd as shall first happen that is on the day of or the day of the dece of the sd (obligee) And if in the meantime and until paymt of the sd sum of £ the said (obligor) his hrs exs and ads or any or. psn or psns for him or them or on his or their behalf do and shall well and truly pay or cause &c. unto the sd (obligee) his exs &c. int for the sd sum of £ And also shall and will pay &c. such

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not be pd in the meantime And in case the sd sum of £
shall be pd betn or in the interval of the sd days of paymt then
also do and shall make paymt of a proportional part of the sd
int for any less time than for half a yr at the same time and togr
with and in addition to the sd principal sum of £ And do
and shall make the sevl paymts and evy of them witht any
deduction defalcation or abatement whatsr and witht fraud or
furr delay Then &c. see No. CCLXX.

No. CCCXII.

Payment (Purchase Money).

Vendor's lien

No. CCCXII.

Bond for Payment of Purchase Money retained in
Purchaser's Hands.

Obs. 1. It appears to be now settled, notwithstanding some prior not affected by decisions to the contrary, that a vendor does not lose his equitable

taking a bond.

Stamp.

Obligation.

Recitals.

lien upon the land for the purchase money by taking a distinct security, unless it appear to be the intention of the parties that it should be so, 1 B. C. C. 420; Sugd. V. & P. 551, 8th ed.

2. The same stamp as for a sum certain, see Preface, sect. 3. Know all &c. That &c. see ante, No. CCLXVII. Whas by an Act of Parlt made &c. intitled "An Act for vesting lands in devised by (testator) late of &c. to &c. in trust to be sold for the bent of the devisees therein named the sevl estes ints and shares of the sd (devisees) are vested and settled in trustees therein named Upon Trust to convey the same

to the above named (vendor) his hrs and ass on paymt of the No. CCCXII. sum of £ and int to the sd (trustees) and the survor of them

purpose

&c. as in the sd Act is directed for that
And whas the
sd (V.) hath for the sum of £ absolutely conveyed the sd
lands &c. to the above named (purchaser) by indres of lease and
rele the lease bearing date the day next next before and the rele
even date herewith and hath agrd to procure a conveye of the
estes shares and ints of the devisees And whas by reason of
some controversy betn the sd (V.) and the sd (devisees) touching
the division of the sd sum of £ now depending in the Ct of

Chancery the estes &c. of the sd (devisees) cannot be immly
conveyd accg to the sd agrt and it hath been agrd that the sd
(obligor) shd retain the sd sum of £ and pay int for the

same after the rate of £ per cent. per annum.

Payment.

(Purchase

Money).

Now &c. see ante, No. CCLXX. That if the sd (obligor) shall Condition. well and truly pay the sd sum of £ upon having the conveye of the estes parts and shares of the sd (devisees) made to him according to the true intent and meaning of the sd agrt and in the mean time do and shall well and truly pay int for the same after the rate as afd Then &c. see ante, No. CCLXX.

No. CCCXIII.

Bond to pay Rent and perform Covenants reserved in a

Lease.

No. CCCXIII.

To pay Rent &c.

Obs. A bond conditioned for the payment of an annual rent must Stamp. be stamped with an ad valorem stamp on the gross amount of the rent reserved for the whole of the term, Attree v. Anscomb, 2 M. &

S. 88.

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

Obligation.

Whas the above named (lessor) by indre of lease bearing even Recital of lease. date with and exted before the above written obligation For the

consons therein mentd hath demised to the above bounden (ob

ligor) a messe or tent with the appts situated &c.

same for the term of yrs from the day of

determinable nevss at the end of the first

yrs

To Hold the

next ensuing

of the sd term

No. CCCXIII. if the sd (lessee) his exs or ads shall give
To pay Rent &c.

Condition.

mths' notice thof in manner therein mentd at and under the yrly rent of £ payable quarterly as by the sd lease may more fully appear

Now &c. see ante, No. CCLXX. That if the above bounden (obligor) his exs and ads do and shall during the continuance of the sd recited lease well and truly pay the sd rent of on the four sevl days therein mentd and also do and shall well and truly perform all the covts clauses provos and agrts in the sd recited lease contd according to the true intent and meaning of the same Then the above written obligation shall be void and of no effect but if deft shall happen to be made in any of the sd quarterly paymts or in the performance of any of the sd covts then the same shall remain in full force and virtue

No. CCCXIII. 2. Performance, Conditions.

Obligation.

Recital of Sale.

Conditions of sale.

Agreement to

enter into bond.

Condition.

No. CCCXIII.-2.

Bond for the Performance of Conditions of Sale.

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

Whas at a sale by public auction by Messrs. S. &c. at &c. on &c. the above bounden A. B. was declared the purchaser of the timber comprised in the printed parlar of sale thof being lots 40 &c. at the sum of £ And whas the followg are amongst or. the condons of sale "purchaser to pay down &c." (here set forth the conditions of sale, and see post, CONDITIONS OF SALE) And whas at the time of the sale the above bounden A. B. pd the sum of £ being a deposit of £25 per cent. on the sd sum of And whas the above bounden A. B. C. D. and E. F. have agrd to enter into the above written obligon for the due performance of the sd condons of sale.

£

Now &c. see ante, No. CCLXX. That the above bounden A. B. C. D. and E. F. or either of them their or either of their hrs exs or ads do and shall well and truly pay or cause to be pd unto the sd G. H. his exs ads or ass the sum of £ of lful &c. being the residue of the sd sum of £ at the times and in the manner specified in the condons of sale and also do and shall well and truly observe perform fulfil and keep all and

No. CCCXIII. 2.

singr the condons on the part of the above bounden A. B. to be pd kept done and performed Then &c. see ante, No. Performance,

CCLXX.

Conditions.

No. CCCXIV.

Condition of a Bond for Performance of an Agreement for

the Sale of Timber.

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

of &c. according to

No. CCCXIV.
To perform
Agreements.

Now &c. see ante, No. CCLXX. That if the sd (obligor) his hrs Obligation. exs &c. do and shall well and truly pay or cause to be pd unto the Condition. sd (obligee) his exs or ads the sum of £ the true intent and meaning of certain articles of agrt for the purchase of timber and or. trees growing on pt of the este belonging to the sd (obligee) and situated &c. bearing even date herewith and made betn &c. and do and shall well and truly perform and keep all and evy the articles and condons whatsr which on the pt and behalf of him the sd (obligor) are or ought to be performed and kept comprised and mentd in the sd articles of agrt or the condons there referred to according to the true intent and meaning thof Then &c. see ante, No. CCLXX.

No. CCCXV.

Bond that an Apprentice shall perform the Articles of his

Apprenticeship.

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

No. CCCXV.
To perform
Covenants.

Obligation.

Now &c. see ante, No. CCLXX. That if the sd I. B. the son Condition. shall and do from time to time and at all times during his sd apprenticeship well and truly observe perform fulfil and keep all and evy the articles covts clauses and agrts whatsr in the sd indre contained and which on his part are to be performed and shall and do from time to time and at all times during the sd term be faithful and just to the sd I. L. his master in all his the sd I. B.'s accts rects paymts and all or. dealings and doings in anywise relating to the sd trade or employment or the affairs or

No. CCCXV. business of the sd I. L. and all or. matters and things wherein To perform as an apprentice or servant he shall or may be employed by Covenants. or concerned for the sd I. L. his exs &c. Then &c. ante, No. CCLXX.

No. CCCXVI.
Wife to make a
Will.

Obligation.

Recitals of intended marriage.

Agreement for permission.

Condition.

No. CCCXVI.

Bond to permit an intended Wife to make a Will.

Obs. Regularly, a married woman cannot make a will, either of lands or goods, not even of her paraphernalia, 3 Atk. 294, unless her husband be banished for life by Act of Parliament, Countess of Portland v. Prodgers, 2 Vern. 104; or transported, Newman v. Bowyer, 3 P. Wms. 37; or an alien enemy, Deerly v. Duchess of Mazarine, 1 Salk. 116. But she may make a will with her husband's consent, and it will be deemed an appointment, which the husband is bound by his obligation to perform, Marriot v. Kinsman, Cro. Car. 219. The law in this respect remains unaltered by the 7 W. 4 and 1 Vict. c. 26, sect. 8.

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

Whas a marre is intended shortly to be had and solemnized betn the above bounden (intended husband) and (intended wife) now M. A. spinster And whas upon the treaty for the sd marre it was agrd that the sd (I. H.) shd enter into the above written obligation with a condon for making the same void as hereunder written

Now &c. see ante, No. CCLXX. That if after the sd intended marre shall be had and solemnized betn the above bounden (I. H.) and the above named (I. W.) the sd (I. H.) shall and do quietly permit and suffer the sd (I. W.) in due form of law to sign seal publish and declare her last will in writing and in and by the same to give will and bequeath or orwise to dispose of at her free will and pleasure unto such psn or psns as to her shall seem meet and convenient the sum of £. of lful &c. And furr in case of the sd (I. H.) surviving the sd (I. W.) if the sd (I. H.) his hrs exs or ads or any of them upon reasone request to him or them in that behalf to be made to any such psn or psns to whom she the sd (I. W.) shall give and bequeath any such sum and sums of money not exceeding in the whole the sum of or the value thof shall well and truly pay or cause

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