Page images
PDF
EPUB

A Letter of Licence to a Debtor

all to whom thefe prefents fhall come, we E. F. of

To all

G. H. of

[Here name the Jeveral other creditors] whofe names are under written, and feals affixed, creditors of A. B. now or late of fend gree. ting. Whereas the faid A. B. on the day of the date hereof, is indebted unto us the faid creditors in divers fums of money, which by reafon of great loffes and misfortunes he is not at prefent able to pay and fatisfy without refpite of time to be given him for that purpose: Know ye therefore, that we the faid creditors, and every of us, do by thefe prefents feverally give and grant unto the said A. B. free licence, liberty and leave, and our fure and fafe conduct, to come, go, and refort unto us and every of us, his faid creditors, to compound and take order with us, and every one of us, for our and every of our faid debts; and alfo go about his other bufinefs and affairs at his free will and pleasure, from the day of the date hereof, unto the full end and term of next enfuing, without any let, fuit, trouble, arreft, attachment or other difturbance whatsoever, to be offered or done unto him the faid A. B. his wares, goods, money or merchandizes whatsoever, by us, or any of us, or by the executors, adminiftrators, partners or affigns of us or any of us, or by our or any of our means or procurement. And we the faid creditors feverally and refpectively, each for himself, his executors and adminiftrators doth feverally and apart, and not jointly, covenant, grant and agree, to and with the faid A. B. his executors and administrators, and every of them by thefe prefents, that if any trouble, vexation, wrong, damage or hindrance, fhall be done unto him the faid A. B. either in his body, goods or chat. tels, within the faid term of from the date of these prefents, by us, or any of us, contrary to the tenor and effect of this our licence, that then he the faid A. B. his executors and adminiftrators, fhall be acquitted and discharged towards and against him and them, of us, his and their executors, adminiftrators, partners and affigns, and every of them, by whom and by whofe means he fhall be vexed, arrefted, troubled, imprifoned, attached, grieved or damnified, of all manner of actions, fuits, quarrels, debts, dues and demands, either in law or equity whatfoever, from the beginning of the world to the day of the date of thefe prefents: Provided always nevertheless, and it is the true intent and meaning of these prefents, and of the faid parties hereunto, that if all the faid parties fhall not fubfcribe and feal thefe prefents, then and in fuch cafe, the liberty and licence hereby given and granted, and every claufe, covenant, matter and thing therein contained, fhall ceafe and be utterly void to all intents and purpofes; any thing herein before contained to the contrary thereof in any wife notwithstanding. In witness, &c.

[ocr errors]
[ocr errors]

A Compofition with Creditors.

O all to whom thefe prefents fhall come, we whofe names are here under written, and feals affixed, creditors of A. B. of fend greeting. Whereas the faid A. B. doth juftly owe, and is indebted unto us, his faid feveral creditors, in divers fums of money; but by reafon of many loffes, great hin. drances and other damages happened unto the faid A. B. he is become utterly unable to pay and fatisfy us our full debts, with fuch goods, wares and merchan. dizes which he hath, which we the faid creditors are unwilling to accept of, or any wife to intermeddle with the fame; and therefore we the faid creditors have refolved and agreed to undergo a certain lofs, and to accept of five fhillings for every pound owing by the faid A. B. to us the feveral and refpective creditors

aforefaid

aforefase. to be paid in full fatisfaction and discharge of our feveral and respective debts: Now know ye, that we the faid creditors of the faid A. B. do for ourfelves feves ily and refpectively, and for our feveral and respective heirs, executors and au iniftrators, covenant, promife, compound and agree, to and with the faid A. Bis executors and adminiftrators, and to and with every of them by these prefents, at we the faid feveral and refpective creditors, our feveral and respective heirs, ecutors, adminiftrators and affigns, fhall and will accept, receive, and take of and from the faid A. B. his executors and adminif trators, for each and every pound at the faid A. B doth owe and is indebted to us the faid feveral and refpective editors, the fum of five chillings, in full discharge and fatisfaction of the feveral bts and fums of money that the faid A. B. doth owe and stand indebted unto us the faid creditors refpectively; fo that the faid fum of five fhillings, to be paid for cash and every pound that the faid A. B. doth owe and ftandeth indebted unto us the faid feveral and respective creditors, be paid unto us the faid feveral and refpective creditors, our feveral and refpective executors, adminiftrators or affigns, within the time or space of fix months next after the date of these prefents: And we the faid feveral and refpective creditors, do feverally and refpectively, for ourselves, our feveral and refpective heirs, executors, adminiftrators and affigns, covenant, grant, promise and agree, to and with the faid A. B. his executors and adminiftrators, that he the faid A. B. his executors, adminiftrators and affigns, fhall and may from time to time, and at all times within the said term or space of fix months next enfuing the date hereof, affign, fell, or otherwife difpofe of his faid goods and chattels, wares and merchandizes, at his and their own free will and pleasure, for and towards the payment and fatisfaction of the faid five fhillings for every pound the faid A. B. doth owe and is indebted as aforefaid, unto us the faid refpective creditors; and that neither we the faid feveral and refpective creditors, or any of us, nor the executors, adminiftrators or affigns of us or any of us, fhall or will, at any time or times hereafter, fue, arreft, moleft, trouble, imprison, attach or condemn the faid A. B. his executors or adminiftrators, or his or their goods and chattels, for any debt or other thing now due and owing to us or any of us his refpective creditors aforefaid; fo as the faid A. B. his executors or adminiftrators, do well and truly pay, or caufe to be paid unto us his faid feveral and refpective creditors, the faid fum of five fhillings for every pound he doth owe and ftandeth indebted unto us refpectively, within the faid time or space of fix months next enfuing the date hereof. In witness, &c.

A Marriage Settlement.

of the first

THIS Indenture of three parts, made between A. B. of part, C. D. of and E. F. of of the fecond part, and M. D. of daughter of the faid C. D. of the third part, witneffeth, that for and in confideration of a marriage intended (by God's permiffion) to be fhortly had and folemnized between the faid A. B. and the faid M. D. and of the fum of of lawful money of to be had and received by the faid A. B. as a marriage portion with the faid M. D. and for that a competent jointure may be had, made and provided for the faid M. D. (in cafe the faid marriage shall take effect) and for the fettling and affuring the meffuages, lands, tenements and hereditaments herein after mentioned, to and for the feveral ufes, intents and purposes hereafter limited and declared, pursuant to the agreement made upon the contract of the faid intended marriage, he the faid A. B. hath granted, bargained, fold, aliened, released and confirmed, and by these prefents doth grant, &c. unto the

faid

faid C. D. and E. F. (in their actual poffeffion, &c.) [Here go on as in de conveyance by releafe] their heirs and affigns, all thofe meffuages, & [Here defcribe the premises, and afterwards add the ufual general claves following them, which fee in the releafe.] To have and to hold the fameffuages, &c. hereditaments and premifes above granted, releafed and carmed, and every part and parcel thereof, with the appurtenances, unto faid C. D. and E. F. their heirs and affigas, to and for the feveral ufes, tents and purposes herein fter mentioned, limited, expreffed and declarat is to fay) to the ufe and behoof of the faid A. B. and his heirs, unti che faid marriage between him and the faid M. D. his intended wife, fhall se had and folemnized; and from and after the folemnization thereof to theute and behoof of the faid A. B. and his affigns, for and during the term of his natural life, without impeachment of wafte; and from and after he determination of that eftate, to the ufe and behoof of the faid C. D and E. F. and their heirs, for and during the natural life of the faid A. B. in truft to preferve and fupport the contingent remainders herein after limited from being defeated and deftroyed; and for that purpofe to make entries, and bring actions, as the cafe fhall require: yet nevertheless in trust to permit and fuffer the faid A. B. and his affigns, to receive and take the rents, iffues and profits thereof, to his and their own proper ufe and benefit, during his natural life: And from and after the decease of him the faid A. B. to the ufe and behoof of the faid M. D. his faid intended wife, and her affigns, for and during the term of her natural life, for her jointure, and in full fatisfaction of her dower or thirds which the may claim to have in any lands, tenements or hereditaments, whereof or wherein he the faid A. B. fhall at any time during his life be feized of any eftate of inheritance; and from and after the decease of the faid A. B. and M. D. his faid intended wife, and the furvivor of them, to the use and behoof of the heirs male of the body of the faid M. D. by the faid A. B. her intended husband, lawfully to be begotten; and for want of such issue, to the use, and behoof of the faid C. D. and E. F. their executors, adminiftrators and affigns, for and during the term of five hundred years thence next following, and fully to be complete and er.ded, without impeachment of or for any manner of waste, upon the trufts, and to and for the feveral uses, intents and purpofes herein after declared of and concerning the fame term.-And from and after the expiration, or other fooner determination of the faid term of five hundred years, to the ufe and behoof of the faid A. B. his heirs and affigns for ever. Provided always, and it is hereby declared, covenanted and agreed, by and be tween the faid parties to thefe prefents, that the faid term of five hundred years, fo limited to them the faid C. D. and E. F. their executors, adminiftrators and affigns, as aforefaid, is upon this condition, that if the faid A. B. fhall happen to die without iffue male by him begotten on the body of the faid M. D. his faid intended wife, or fhall leave iffae male, and fuch iffue male fhall happen to die before he fhall attain the age of twenty-one years, without iffue male; and that if in either of the faid cafes there fhall happen to be one or more daughter or daughters of their bodies begotten, that then and in fuch case, if he the faid A. B. his heirs and affigns, do and fhall well and truly pay, or caufe to be paid to fuch daughter or daughters refpectively, at her and their refpective ages of twenty-one years, or days of marriage, which fhall firft happen, the feveral portions following, that is to fay if it fhall happen, there fhall be but one daughter, then the fum of only, for the portion of fuch daughter, to be paid her at her faid age of twenty-one years, or day of marriage, which fhall firft happen, with intereft therefor in the mean time, after the rate of 5 dolls.

per

per centum, per annum and it any fuch daughter or daughters fhall happen to die unmarried, before her or their portion or portions fhall become payable, as aforefaid, then the portion or portions of her or them fo dying, fhall go and be paid to the furvivor or furvivors of them, equally to be divided amongst them, Thare & share alike (to be paid at the fame time as the original portions thould or ought to become payable, as aforefaid, in cafe they had been living) fo as no one fuch daughter fhall have for her portion, by furvivorship, or otherwife, by virtue of the faid term of five hundred years, above the fum of and in cafe there fhall be no fuch daughter, who thall live to be married, or attain the faid age of twenty-one years, that then and in either of the faid cafes fo happening, the fame term fhall ceafe, determine, be null and void, any thing herein contained to the contrary thereof in any wife notwithstanding. And the faid A. B. for himfelf, his heirs, executors and adminiftrators, doth covenant, grant, promile and agree, to and with the faid C. D. and E. F. their heirs and affigns, and every of them, by thefe prefents, that the faid meffuages, &c. hereditaments and premifes, with the appurtenances above releafed and confirmed, as aforefaid, thall and may from henceforth and for ever hereafter, be, remain and continue to and for, and upon the feveral uses, trufts, intents and purposes, and under and subject to the feveral limitations and agreements aforefaid, according to the true intent and meaning of thefe prefents: And further, that he the faid A. B. his heirs, &c. Here infert a covenant for further affurance, as before in the conveyance by releafe.] Provided alfo, and it is hereby declared, covenanted and agreed upon, by and between all and every the faid parties to thefe prefents, that it fhall and may be lawful to and for him the said A. B. doring his life, and after his death, for the faid M. D. his intended wife, during her life, in cafe the faid intended marriage fhall take effect, by any writing or writings under his or her hand and feal respectively, attefted by two or more credible witneffes, and not otherwife, to make any leafe or leafes, demife or grant of all or any part or parts of the faid meffuages, &c. to any perfon or perfons whomfoever, for the term of twentyone years, or for any other term or numbers of years, not exceeding twenty years, fo as fuch leafe or leafes, demife of grant for years be made to commence and take effect in poffeffion, within one year after the date thereof and fo as pon all and every fuch leafe or leafes, demifes or grants for years to be made by the faid A. B. and M. D. his faid intended wife, refpectively, there be referved payable yearly, during the continuance thereof, the best and most improved yearly rents, which at the time of making thereof can or may be gotten for the fame and fo as in every fuch leafe there be contained a claufe of re-entry for non-payment of the rent or rents thereby to be referved; and fo as the leffee or leffees, to whom fuch leafe or leases shall be made, do feal and deliver counterparts of fuch leafe or leafes; any thing herein contained to the contrary hereof notwithstanding.

[ocr errors]

In witness, Et.

Separation between á Man and his Wife.

between G. G. of

of the

THI "HIS Indenture of three parts, made first. part, A. his wife, of the fecond part, and B. (a trustee) of the third part. [Whereas, &c. (here infert recital of the fettlement before marriage if any fuck marriage fettlement there be) and] whereas fome unhappy differences have lately arifen between the said G. G. and the faid A. his wife, and they have mutually agreed to live feparate & apart from each other; and previous to fuch feparation, he the faid G. G. hath confented thereto, and alto propofed and agreed that he, out of

H

of his own proper monies, would allow and pay to the faid A. his wife, during the term of her natural life, for her better fupport and maintenance (over and above the provision made and fettled upon her the faid A. for her feparate ufe by the above recited indenture, (one annuity or yearly fum of 100 dolls. clear of all taxes, charges, and deductions whatfoever, payable to her in fuch manner as herein after is mentioned,) fubject nevertheless to the provifion herein after contained, touching the payment of the faid annuity) And also, that in cafe the faid A. his wife fhould die before him the faid G. G. that then the faid G. G. fhould pay to her executors the fum of ten dollars towards her funeral charges; and that the faid G. G. would hereby ratify and confirm the herein before recited fettlement in such manner, as hereafter is mentioned: Now this indenture witnesseth, that the faid G. G. in purfuance of his aforefaid propofal and agreement, doth hereby for himself, his executors, adminiftrators, and for every of them, covenant, promife and agree, to and with the faid B. (the trustee) his executors, adminiftrators and affigns; and doth alfo agree with the faid A. his wife, in manner and form following (that is to fay) that it fhall and may be lawful to and for the faid A. his wife, and that he the faid G. G. fhall and will permit and fuffer her the faid A. from time to time, and at all times from henceforth, during her natural life, to live feparate and apart from him, and to refide and be in fuch place and places, and in fuch family and fami lies, and with fuch relations, friends and other perfons, and to follow and carry on fuch trade and bufinefs, as the the faid A. from time to time at her will and pleafure (notwithstanding her prefent coverture, & as if he were a feme fole and unmarried) fhall think fit; and that he the faid G. G. fhall not, nor will at any time or times hereafter fue her the said A. in the court, or any other court,

for living separate and apart from him; or compel her to cohabit with him, or to fue, moleft, difturb or trouble her for fuch living separate and apart from him, or any other perfon or perfons whomfoever, for receiving, harbouring or enter. taining her; nor fhall or will without the confent of the faid A. vifit her, or knowingly come into any houfe or place where the fhall or may dwell, refide or be; or fend or cause to be sent any letter or meffage to her; nor fhall or will at any time hereafter claim or demand any of the monies, rings, jewels, plate, clothes linen, woolen, household goods or flock in trade, which the the faid A. now hath in her cuftody, power or poffeffion, or which the shall or may at any time hereafter, buy or purchase, or which fhall be devifed or given to her, or thall otherwife acquire and that the fhall and may enjoy and abfolutely difpofe of the fame, as if he were a feme fole and unmarried. And further that he the faid G. G. his executors or adminiftrators, or some or one of them, fhall and will well and truly pay, or caufe to be paid unto the faid A. his wife, or her affigns, dura ing the term of her natural life, for and towards her better fupport and mainte nance, one annuity or yearly fum of of lawful money of free and clear of all taxes, charges and deductions whatfoever; the faid annuity or yearly fum of to be paid and payable to her the faid A. and her affigns, during her natural life, at or upon or within ten days next after each of the faid days, by four equal parts; the firft quarterly payment thereof to begin and be made on next, or within days then next following. In confideration of which faid 100 dolls. per ann. fo hereby made payable to her the faid A. in manner as aforefaid, and of the provifion fo made for her by the faid recited indenture of fettlement in manner as aforefaid, fhe the faid A. doth here by agree to accept and take in full fatisfaction for her fupport and maintenance, and all alimony whatfoever during her coverture. Provided always, and it is

hereby

« EelmineJätka »