Gambar halaman
PDF
ePub

fer and fet over unto the faid 7. L. his heirs and affigns, to and for his and their own use and benefit, All the right, intereft, property, benefit, advantage, claim and demand whatsoever, either at law or in equity, which he the faid W. M. or any perfon or perfons in truft for him, can or may at any time hereafter have or take by virtue of his bidding for, or being reported by the faid mafter the beft purchafor of the estate late of the faid Sir J. C. as aforefaid, (in the faid particular mentioned ;) And for the confideration aforefaid, he the faid W. M. Hath, and by these prefents Doth conftitute, authorize and appoint the faid J. L. his heirs and affigns, to ftand in the room, name, place and ftead of him the faid W. M. and to do, act, tranfact and perform all and every fuch other and further legal acts, matters and things whatsoever, either in the faid court of chancery, or before the faid mafter, or elsewhere or otherwife, as fhall be needful, neceffary and requifite for the carrying on, finishing and compleating the purchase of the eftate late of the faid Sir J. C. fo bid for as aforefaid, and in the faid particular mentioned, and for having a good and fufficient conveyance made of the fame unto and to the use of the faid F. L. his heirs and affigns, as his or their counsel fhall reasonably advise, and that as fully, effectually and abfolutely, and in as large, ample and beneficial manner, to all intents and purposes whatfoever, as he the faid W. M. or his heirs, could or might have had or done the fame, for his or their own use and benefit, if these prefents had not been made. And thefe Prefents further witness, That he the faid F. L. (in confideration of fuch relinquishing and alignment made to him the faid IV. M. of the premiffes as aforefaid) Doth for himfelf, his heirs, executors, adminiftrators and affigns, covenant with the faid W. M. his executors and adminiftrators, by these prefents, in manner as follows, viz. That he the faid J. L. fhall and will from henceforth ftand in the place and ftead of him the faid W. M. as and for the beft bidder, for finifhing the purchafe of the faid eftate late of him the faid Sir J. C. fo intended to be purchased as aforefaid: And also that he or they thall and will obey and perform all and every fuch orders and reports as fall from henceforth be had and made in the faid court of chancery touching or concerning the carrying on and finishing fuch. purchafe; And also that he the faid 7, L his heirs, executors or administrators, fhall and will, out of his and their own proper monies, pay and discharge all and all manner of costs, charges and expences whatsoever, either in the faid court of chancery or elsewhere, as fhall be neceffry and expedient for the carrying on and compleat finishing the purchase of the faid eftate fo by him intended to be made as aforefaid; And likewife, That he the faid J. L. his heirs or aligns, on the executing to him and them of a good and fufficient conveyance by the proper perfons legally intitled to the faid eftate late of him the faid Şir J. C. fo bid for as aforefaid, and in the faid particular mentioned, shall and will, pay or caufe to be paid, the faid fum of 8700l. purchase monies, to fuch perfon or perfons fo legally intitled to execute the fame, or as by any order or decree of the faid court of chancery fhall in that behalf be ordered, directed or appointed: And further likewife, That he the faid F. L. his heirs, executors or affigns, immediately after the executing and compleat finishing of fuch good and fufficient conveyances to him or them of the faid eftate late of the faid Sir J. C. as aforefaid, fhall and will, well and truly pay unto the faid W. M. his executors, administrators or affigns, the faid fum of 300l. &c. And

lafly, That he the faid F. L. his heirs, executors or administrators, fhall and will from time to time, and at all times hereafter, fave, defend, keep harmless and indemnified the faid W. M. his executors and adminiftrators, and his and their real and personal estates, of, from and against all actions, fuits, cofts, charges, damages and expences, that fhall or may be brought, arife, fall or happen to him, them, or any of them, for or by reafon of his the faid W. M.'s bidding for the purchase of the faid eftate, or for or on account of his not proceeding in the finishing thereof, pursuant to his bidding for the fame as aforefaid. witness, &c.

XLIII. Of Patents.

Alignment of a yearly Rent for payment of 2601. and Interest, with Directions for the Tenant to attorn and pay the Rent Half-yearly.

TH

HIS INDENTURE, made, &c. Between A. H. of, &c. of the one part, and . E. of, &c. of the other part. Whereas, by indenture of affignment bearing date, &c. between the faid . H. of the one part, and W. H. of the other part, (reciting as therein is recited) the faid A. H. (in confideration of the fum of 200l. to him paid by the faid W..H.) Did grant, fell and affign unto the faid W. H. an indenture of leafe therein recited, and a piece of ground, &c. thereby demifed, with the appurtenances, fituate, &c. at and under the yearly rent of 1054. Ta bold, &c. for and during all the refidue of a term of 38 years, in and by the faid indenture of leafe granted, (which commenced at, &c.) Redeemable on the said A. H.'s payment to the faid W. H. the faid fum of 2601. and intereft, in manner as in the faid indenture of alignment is mentioned: And whereas by deed-poll bearing even date with and executed immediately before thefe prefents, and written upon the back of the faid indenture of affignment, (therein reciting that the faid A. H. had fome time fince paid to the faid W. H. the fum of 100% in part of the faid principal fum of 2001. fo fecured to him as aforefaid, and that therethen remained due to him only the principal sum of 100l.) It is by the faid deed poll witneffed, That in confideration of the faid fum of 100% paid by the faid F. E. to the faid W. H. (in full fatisfaction and difcharge of all principal and intereft monies whatsoever fecured to him by the faid recited indenture of allignment, and a bond therein recited) and for 5s: to the faid A. H. alfo paid by the faid J. E. He the faid W. H. (by the direction of the faid A. H.) Hath batgained, fold and affigned, And be the faid AH, Hath ratified and confirmed unto the faid J. E. the faid recited indenture of leafe, piece of ground, meffuage, and all and fingular other the premiffes thereby demifed, and by the faid indenture of affignment affigned unto the faid W. H. with the appurtenances, together with the faid indentures of leafe and affignment; To bold, &c. for and during all the residue of the faid term of 38 years and an half, which is now to come, as by the faid indenture of affignment and deed-poll, (relation, c) And subereas the faid J. E. hath on the day of the date hereof actually lent

and

and paid to the faid A. H. the fum of 160l. and previous to his the faid J. E's payment of the faid fum of 100l. to the faid W. H. and is now lending the faid 160l. to the faid A. H. (making together the principal fun of 2601.) He the faid A. H. for fecuring re-payment thereof, together with intereft for the fame after the rate of 41 per cent. per ann, propofed and agreed to affign unto the faid J. E. the faid yearly rent of 1057. fo payable for the faid meffuage and premiffes, for and during and until fuch time only as the faid 260l. and intereft, by half-yearly payments, fhall be to him and them fully paid and fatisfied, in fuch manner and subject as herein after is mentioned: Now this Indenture witgeeth, That he the faid A. H. in purfuance and performance of his faid recited agreement, and alfo in confideration of the said sum of 260l. fo lent and paid by the faid J. E. to, for, and on his account, in manner as aforefaid, the payment and receipt, &c. Hath bargained, fold, affigned, transferred and fet over, and by, &c. doth, &c. unto the faid J. E. The faid yearly rent of 105/. referved, iffuing and payable to the faid A. H. by, out of and for the above affigned ineffuage or tenement and premiffes, fituate, &c. and all other yearly rents whatfoever iffuing and payable for or in refpect of the fame, and all the right, &c. To have, bold, receive, take and enjoy the faid yearly rent of 1057. and all and fingular other the premiffes mentioned to be hereby affigned, &c. unto the faid J. E. his executors, administrators and affigns, from henceforth, for and during and until fuch time only as he the faid J. E. his executors, adminiftrators or affigns, by equal halfyearly payments, fhall be fully paid and fatisfied the faid fum of 260l. and the intereft thereof, after the rate aforefaid, together with all cofts and charges touching the receipt or recovering thereof, and that in as full, &c. And the faid . H. for the confiderations aforefaid, doth hereby direct and appoint the prefent, and all other future tenants of the faid meffuage and premiffes, to attorn and become tenants to the faid J. E. his executors and affigns, and to pay to him or them clear the yearly rent of the faid meffuage and premiiles, by equal half-yearly payments, on the two feast days following, viz. &c. for and during fo long, and until fuch time only as the faid principal fum of 260l, and all interest from henceforth, after the rate of 4. per cent. per ann. together with all charges touching the fame, if any thall be, to him and them fully paid and satisfied; and that all and eyery the receipts of the faid . E. his executors or affigns, to the faid prefent or any future tenant of the faid premiffes, for the faid hereby affigned yearly rent, fo to be by him and them paid to the faid J. E. his executors or affigns, as aforefaid, fhall be as good and fufficient receipts and difcharges to him and them, as if the fame bad been actually figned and given by the faid A. H. his executors or adminiftrators. Provided always, and it is hereby agreed and declared, that from and after full payment of the faid 260/. interest and charges unto the faid J. E. his executors or affigns, by and out of the faid hereby affigned yearly rent and premiffes in manner as aforefaid, then and from thenceforth the affignment hereby made, and every covenant, claufe and thing herein contained, fhall be utterly void and of no effect; and that then he the faid f. E. his executors or affigns, fhall deliver up to the faid A. A, his executors or administrators, the faid indenture of leafe, inde ture of affignment, and a policy of infurance by the faid deed poli fo affigned to him as aforefaid; any thing herein contained to the contrary thereof notwithstanding.

XLIV. Of

i

Recital,

Kin

XLIV. Of a Sailor's Ticket,

An Affignment of a Sailor's Ticket and (a) Wages

in confideration of, &c. to me in hand paid by J. J. of, &c. the receipt, &c. Do hereby affign and fet over unto the faid J. J. his, &c. to his and their own use and ufes, A Ticket figned by the officers of his majefty's fhip the C. numbered on the ship's book dated the, c. for the fervice of the faid C. L. on board the faid fhip from the day of, &c. until the day of, &c. laft, with all fum and fums of money thereupon due and payable: And I do hereby impower, authorize and appoint the faid 7. 7. his, &c. to demand and receive all fun and fums of money due and payable by and on account of the faid ticket of and from the treasurers of his majesty's navy, and all others whom it may concern, and upon receipt thereof to give fufficient difcharges for the fame: And I do hereby ratify whatfoever he and they fhall legally do in and touching the premisles. In witness, &c.

K

XLV. Of Salaries,

An Affignment of a Salary.

[ocr errors]

NOW, &c. That I B. S. &c. (Describe the place he is in) for and
in confideration of, &c. Have alligned, transferred and set over,
and Do hereby, &c. unto the faid T. B. his, &c. The fun of
being two quarterly payments for my fee or daily value of
day, as one of the
-s. per
aforefaid, commencing from the, &c. and
which will become due, &c. and all my intereft and demand of, in and
to the fame; To have, hold and receive the fame unto the said T. B.
his, &c. to his and their own proper use and uses: And I the faid B. S.
for the better, &c. (Letter of attorney, and covenants not to release, and
do any further act.) In witness, &c.

to

An Abfolute Affignment of a Salary or Debt due from the Charitable
Corporation.

[ocr errors]

O. ALL PERSONS to whom thefe prefents shall come, B. S. gent. (one of the attornies of his majefty's court of C. P.) fendeth greeting. Whereas the faid B. S. in the year 1721, by an order of the then committee of the company called the Charitable Corporation, was appointed attorney and folicitor for the faid corporation, to profe

(a) See alignments of wrges, fol

cute

cute and defend all their actions and fuits both in law and equity; and the faid committee then agreed to allow the faid B. S. a falary of 50%. per ann. for his attendance or trouble, and alfo all his disburse nents touching the fame, to commence from Christmas 1721. And whereas (by virtue of the faid appointment and agreement) on the day of the date hereof there is juftly due and owing to him the faid B. S. for the faid falary the fum of 2751. or thereabouts; and for his difbursements the fum of 351. or thereabouts (making together the faid fum of 310/) Now know ye, and thefe Prefents witness, That for and in confideration Confiderations, of, E. to the faid B. S. in hand well and

of the fum of

Letter of at

torney.

truly paid by W. J. of, &c. at, &c. the receipt, &c. and for divers, Affignment of &c. He the faid BS Hath, and by these prefents Doth freely, clearly and abfolutely bargain, transfer and fet over unto and to and for the ufe and benefit of the faid W. J. his executors, administrators and affigns, The before mentioned fum of 310l. fo now due to him the monies and faid B. S. from the faid company called The Charitable Corporation, premilles, for his falary and difpurfements as aforefaid; and all and every fum and fums of money, allowance, benefit, and other advantages whatfoever, whichh are now due, owing, or any ways belonging to him the faid B. S. from the faid company or corporation, by virtue of the faid order or agreement of their committee, as aforefaid, or otherwife how foever; and all the right, intereft, benefit, advantage, property, claim and demand whatfoever, either at law or in equity, of him the faid B. S. of, in, to and out. of the hereby affigned monies and premiffes, and every part and parcel thereof, And for the better and more effectual enabling him the faid W. J. his executors, administrators and affigns, to have and receive all and fingular the hereby affigned monies and premiffes to and for his and their own ufe and benefit, he the faid B. S. Hath, and by these prefents (as much as in him lieth) Dath make, ordain, conftitute, authorize and appoint, and in his place and stead put the faid W. J. his executors, adminiftrators and aligns, the true and lawful attorney and attornies irrevocable of him the faid B. S. to afk, demand, fue for, recover and receive of and from the faid company called The Charitable Corporation, or their cashier or treasurer, and of and from all and every other perfon and perfons whomfoever, who are or fhall be able to pay the fame, the faid fum of 310/, and all and fingular other the hereby affigned monies and premiffes, and upon receipt and payment thereof, or of any part thereof, in the name of him the faid B. S. or otherwife, to give proper and fufficient difcharges for the fame, and upon non-payment thereof, alfo in his name or otherwife, to commence any action or fuit, either at law or in equity, for the recovering and receiving thereof, and the fame to carry on to effect: And he the faid B. S. doth hereby give, &c. abfolute power, c. And finally, he the faid B. S. doth hereby ratify, allow and con- Ratication: firm all legal acts whatfoever, which he the faid W.. his, &c. fhall do or caufe to be done touching the premiffes, by virtue of the power hereby given. Provided nevertheless, and fo as he the faid .. his Provifo for executors and adminiftrators, fhall and do at all times hereafter fave, indemnifying keep harmless and indemnified the faid B. S. his executors and admi- the affignor. niftrators, and his, their and every of their real and perfonal eftates, of and from and against all cofts, charges, damages and expences whatsoever, which fhall or may arife, fall or happen to him, them or any of them, for, by reafon, means or occafion of any action or fuit

[ocr errors]
« SebelumnyaLanjutkan »