No. CCCCLXXIV. *A Statute Merchant (1). KNOW all men by these presents, that I, (debtor) of, &c. am bound to be paid to the said executors or administrators, next ensuing the date of these presents, on his or their shewing this instrument or writing; and unless I shall so do, I will and grant that the execution and penalty provided by the statute merchant of our Lord the King, passed at Westminster, shall run upon me and my heirs, executors, administrators and assigns, as in the same statute is ordained and provided. Dated at this day of in the year (Name and seal of debtor.) Taken and acknowledged before me, the day and year first above-written, and if so] and purpose. Clerk of the Statutes Merchant, Mayor of, &c. (1) A Statute Merchant is a security, given under the statute of 13 Edward 1. de mercatoribus, and thence so called. It is frequently termed a bond of record, and differs but little in its form from a common bond, except that a bond is an obligation de novo, whilst this is the acknowledgment of a debt already due; it is however of much higher effect, for by it not only the body of the debtor may be taken and his goods seized, but also his lands may be delivered to the creditor till the debt is satisfied, on which account it was formerly a very common form of security, but is now almost superseded by the warrant of attorney to enter up judgment against the debtor, as not requiring the time and expense of acknowledgment before a public officer; over which latter security however it has this advantage, that although it may not have been proceeded upon for a year or other longer period, or the cognizee be dead, it does not require to be revived by scire facias. STATUTE. Merchant. See ante, "STAMP", Schedule. Stamp. 3 E SUP.-VOL. III. STATUTE. Staple. No. CCCCLXXV. * A Statute Staple or Recognizance in the nature of such (1). KNOW all men by these presents, that I, A. B. of, &c. [place of abode and addition, or we, A. B. of, &c. and C. D. of, &c.] am [or are] held and firmly bound unto E. F. [or E. F. and G. H.] in the sum of L , to be paid to the said E. F., or to his certain attorney [or to the said E. F. and G. H. or to their, &c.] on shewing this writing, his executors, or administrators [or their executors, administrators, &c.], at the feast of, &c. next coming after the date of these presents. And unless I [or we] shall so do, I [or we] will and grant that then the penalty of the Statute Staple, passed at Westminster, shall run upon me or my [or upon us, and every of us, and our and every of our] heirs, executors, and administrators, to be recovered as (1) A Statute Staple is a security similar in its nature and effect to that of a statute merchant, and is acknowledged by virtue of 27 Ed. 3. c. 9. before the mayor of the staple, that is to say "the grand mart of the principal commodities or manufactures of the kingdom, formerly held by Act of Parliament in certain trading towns," 2 Black. Com. 160.; but this recognizance being confined to these places only, the benefit of it was afterwards (23 Hen. 8. c. 76. amended by 8 Gen. 1. c. 25.) extended to all the king's subjects, by allowing it to be acknowledged before either of the chief justices at Westminster in term, or their substi tutes (the Mayor of the Staple at Westminster, and the Recorder of London,) in which case it is styled a recognizance in the nature of a statute staple. a debt for merchandizes bought, as in the same statute it is ordained this day of (Debtor's name and seal.) , Mayor of the Taken and acknowledged before me STATUTE. Staple. (1) If the security be not purely a statute staple, acknowledged be. fore the justices, see ante, n. (1), but only in the nature of such, it must by 8 Geo. 1. c. 25. be enrolled and certified in Chancery, from which time it will bind not only the lands of the cognizor, but his person and goods. This statute, like that of the statute-merchant, will keep in force, notwithstanding its having been acknowledged above a year or the cognizee be dead. WITNESS. Jointress surrenders. Covenant by jointress that she has not incumbered. Stamp. year of the reign, &c. and in the year of our Lord, 18 BETWEEN (the jointress) of, &c. widow and relict of (late husband), late of, &c. deceased, of the one part, and (reversioner), of, &c. of the other part. WHEREAS, &c. [recite the creation of the jointure, and the circumstances leading to the surrender]. Now THIS INDENTURE WITNESSETH, that for and in consideration of, &c. [state the motive or consideration for the surrender] she the said (jointress) HATH surrendered and yielded, and by these presents DoTH surrender and yield up unto the said (reversioner), his heirs and assigns, ALL, &c. [description of the jointure lands] being the lands and hereditaments limited to the said (jointress) for her life, in or by the said in part recited indenture of settlement as aforesaid, and the reversions and reversion, remainders and remainder, yearly and other rents, issues, and profits thereof; To HAVE AND TO HOLD the said messuages, &c. [as the case may be] lands, tenements, and hereditaments, surrendered and yielded up, or intended so to be, with their rights, members, and appurtenances, unto the said (reversioner), his heirs and assigns, to and for the only proper use and behoof of him the said (reversioner), and of his heirs and assigns, for ever, to the end and intent that the estate and interest of the said (jointress) of or in the said hereditaments may be merged and drowned in the reversion or remainder and inheritance of the same hereditaments. AND the said (jointress) doth hereby for herself, her heirs, executors, and administrators, covenant and declare to and with the said (reversioner), his heirs and assigns, that she the said (jointress) hath not at any time heretofore made, done, or executed any act, deed, assignment, surrender, matter, or thing whatsoever, whereby or by means whereof the said messuages, &c. hereditaments, and premises surrendered or otherwise assured unto the said (reversioner), or intended so to be, or any part thereof, is, are, can or may be impeached, charged, incumbered, or prejudiced in title, charge, estate, or otherwise howsoever. IN WITNESS, &c. See ante, "STAMP", Schedule No. CCCCLXXVII. *A Surrender of a Lease by a Lessee to his Lessor, by indorsement (1). SURRENDER. Lease. WITNESS. TO ALL TO WHOM THESE PRESENTS shall come, the within named (surrenderer) sendeth greeting. WHEREAS, &c. [recite the motive for the surrender;] Now THESE PRESENTS WITNESS, that in pursuance of the said agreement, and for and in consideration of the Surrender. sum of of lawful money of Great Britain, to the said (lessee), in hand paid by the said (lessor), at or before the scaling and delivery of these presents, the receipt whereof is hereby acknowledged, HE the said (lessee) HATH bargained, sold, assigned, surrendered, and yielded up, and by these presents DoтH bargain, sell, assign, surrender, and yield up unto the said (lessor) and his heirs (2), ALL that, &c. and all other the premises in and by the within written indenture of lease demised to the said (lessee), with all and every the rights, easements, and appurtenants to the same belonging; AND all the estate, title, interest, term of years yet to come unexpired, property, claim, and demand whatsoever of him the said (lessee), in, to, or out of the said premises, and every or any part thereof, together with the within written indenture of lease and counter parts of lease by him the said (lessee) granted or demised of the said premises, or any part thereof, To HAVE, take, and receive the messuages, &c. and premises and estate and interest hereby surrendered, or intended so to be, (1) In order to prevent the lease being fraudulently set up after a In lorsement. surrender, it may be properly made by indorsement on the lease, and which see ante, "MOD. PREC." Vol. IV. p. 588. (2) Or "executors and administrators", if the lessor be a termor only, and the tenant surrendering, an under-lessee. |