Imatges de pàgina
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he or they shall think fit or be advised for the recovery of such principal money and interest respectively, and all costs, charges, and expenses which he or they shall sustain or be put unto by reason of the non-payment of such principal money and interest respectively, or any part thereof: AND also that after the full payment to the said C. D., his executors, administrators, or assigns, of the said principal money and interest, and of all such costs, charges, and expenses, as aforesaid, he the said C. D., his executors, administrators, or assigns shall and will on the request and at the cost and charges of the said A. B., his heirs, executors, or administrators, acknowledge satisfaction of the said judgment or judgments upon the record or records thereof, in due form of law, and do all further or other acts, matters, or things which may be reasonably required for releasing and extinguishing all right and remedy upon the said judgment or judgments, and all executions thereupon respectively.

IN WITNESS, &c.

DEFEAZANCE

ON WARRANT OF ATTORNEY.

No. III.

WARRANT of ATTORNEY to enter up Satisfaction of WARRANT TO

JUDGMENT.

ENTER UP SATISFACTION OF JUDGMENT.

To A. B., of, &c., and C. D., of, &c., Solicitors of the Supreme Court of Judicature jointly and severally: WHEREAS (here recite warrant of attorney by E. F. to G. H. to appear for E. F. in an action for debt for £for money borrowed at the suit of L. M., of, &c., and to confess judgment against E. F. for the sum of £and costs of suit): AND WHEREAS, pursuant to the said recited warrant of attorney, on the a judgment was duly entered up at the suit of the said L. M. against the said E. F. for the sum of £- — and costs of suit: AND WHEREAS the That moneys said sum of £ and all interest thereon, and all other moneys judgment had secured by the said judgment, have been duly paid by the said been paid.

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ENTER UP

OF JUDGMENT.

WARRANT TO L. M., as he doth hereby admit; NOW THESE ARE TO SATISFACTION DESIRE you, the attorneys above named, or either of you, forthwith to enter up upon record of the said Court satisfaction Power to enter of the said judgment: AND FOR whatsoever you or either of you shall do in the premises, this shall be a sufficient warrant or authority.

up satisfaction.

IN WITNESS, &c.

COVENANT NOT
TO BUILD ON
LAND.

Parties.

Recite that

covenantee is owner of adjoining

No. IV.

DEED of COVENANT not to ERECT any BUILDING on a
certain part of COVENANTOR'S PROPERTY, and OBLIGA-
TION in the sum of £- by way of DAMAGES for due
PERFORMANCE of the same.

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THIS INDENTURE made the BETWEEN A. B., of, &c. (covenantor), of the one part, and C. D., of, &c. (covenantee), of the other part: WHEREAS by an indenture dated the day of, and made between (parties), ALL, &c. (parcels), and which hereditaments are more particularly delineated and described in the map or plan thereof drawn in the margin of these presents, and are in such map or plan coloured were conveyed unto and to the use of the said A. B. in fee simple: AND WHEREAS the said C. D. is the owner and occupier of the messuage and lands situate on the side hereditaments, of the hereditaments comprised in the herein before recited protect himself indenture, and which messuage and land are also delineated he had deter- and described in such map or plan as aforesaid, and are therein coloured and in order to protect himself and his said premises from annoyance or injury by the owner of the hereditaments comprised in the herein before recited indenture, from the erection of buildings or otherwise, he the said C. D. proposed, and had determined to bid for and use his best endeavours to become the purchaser of the same hereditaments: Arrangement AND WHEREAS it was afterwards arranged between the said nantor should C. D. and A. B. that instead of purchasing or attempting to

and that to

mined to bid for hereditaments which were in fact sold to covenantor.

that cove

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TO BUILD ON
LAND.

purchase the
said heredita-

ments so sold

to him, and

enter into

covenantee.

build on lands purchased by tain period;

agrees not to

him for a cer

purchase the hereditaments aforesaid, the said C. D. should COVENANT NOT permit the said A. B. to become the purchaser thereof, and the said C. D. consented to the said arrangement, and to forego his said intention of bidding for and attempting to become the purchaser of the said hereditaments in favour of the said A. B. upon the terms, and in consideration and under an express covenants with agreement, that the said A. B. should in the event which happened of his becoming such purchaser as aforesaid, secure to the said C. D. for and during the period hereinafter mentioned, the same or the like protection from annoyance or injury by the erection of buildings on the hereditaments aforesaid, or on the part thereof which on the map or plan aforesaid is coloured or by any other ways or means as he the said C. D. might or would have had if he had carried his said intention into effect, and had himself become the purchaser of the said hereditaments and for effecting the purposes aforesaid, it hath been further agreed that the said A. B. shall enter into the covenant and obligation hereinafter contained: NOW THIS INDEN- Covenantor TURE WITNESSETH that, in pursuance of the aforesaid agreement, and in consideration of the premises, the said A. B. hereby covenants with the said C. D. that he the said A. B., or any person or persons deriving title under him to the hereditaments so purchased by him as aforesaid, or any part thereof, shall not nor will at any time or times during the joint lives of the said C. D. and his wife, or during the life of the survivor of them, erect or set up, or permit to be erected or set up on any part or parts of the said hereditaments or premises comprised in the hereinbefore recited indenture, and in the said map or plan coloured, any messuage, erection or building of any class, character, or description whatsoever, but shall and will at all times during such period as aforesaid, maintain and keep that part of the said hereditaments aforesaid which in the said map or plan is coloured in its present open state and condition: AND FURTHER that the said A. B., or any such other person or persons as aforesaid, shall not nor will, at any time during such period as aforesaid, carry on, or permit to be carried on upon the said last-mentioned hereditaments or any part thereof, any trade, business, or employment whatsoever, or do or permit to be done therein any other act or thing which may be an annoyance to the said C. D. and his wife, or either of them,

nor carry on

any annoying such premises

business on

for the like

period.

TO BUILD ON

LAND.

Sum recover

able as liqui

COVENANT NOT or to any tenant or occupier under them, him, or her of the said hereditaments in the said map or plan coloured, or any part thereof, or which shall in any manner affect or hinder their, his, or her possession or enjoyment of the said hereditaments, in like manner in all respects, as the said hereditaments are now held and enjoyed by him the said C. D.: AND FOR THE DUE performdated damages ANCE by the said A. B., and such person or persons as aforesaid, of the covenants hereinbefore contained, the said A. B. hereby binds himself unto the said C. D. in the sum of £as or are by way of liquidated damages, now mutually assessed by them the said parties hereto, for the non-performance of the aforesaid covenants, or any or either of them, and not by way of penalty.

on breach of aforesaid covenants.

IN WITNESS, &c.

No. V.

ASSENT OF EXECUTOR.

clares that all debts have

ASSENT by an EXECUTOR to BEQUESTS of LEASEHOLD and other PERSONAL ESTATE.

Executor de- KNOW ALL MEN BY THESE PRESENTS, that I, A. B., of, &c., being the executor of the will of X. Y., late of, &c., which will is dated the day of, 18-, and was proved

been paid, and assents to bequests.

day of

18-,

by me in the Principal Registry attached to the Probate Division
of the High Court of Justice on the
hereby declare that the funeral and testamentary expenses and
debts of the said X. Y., so far as the same have come to my
knowledge, have been paid and satisfied, and I assent to the
bequests of leasehold property and other personal estate made
by the said will.

IN WITNESS, &c.

No. VI.

APPOINTMENT by an INFANT of a GUARDIAN of his APPOINTMENT
PERSON and ESTATE (a).

KNOW ALL MEN BY THESE PRESENTS, that I, A. B.,
of, &c. (infant), being now of the age of years or there-
abouts, hereby appoint C. D., of, &c. (guardian), to be the
guardian of my person and estate until I shall attain the age
of twenty-one years.

AS WITNESS my hand this

day of - 18-.

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BY INFANT OF
GUARDIAN.

No. VII.

PRESENTATION to a BENEFICE (b).

PRESENTATION

TO A BENEFICE.

TO THE RIGHT REVEREND FATHER IN GOD, by Divine permission Lord Bishop of, or to his Vicar, general or spiritual, or to any other person having or that shall have sufficient authority in this behalf, I, A. B., of, &c., the true and undoubted patron of the rectory of, in the county of within your lordship's diocese and jurisdiction, DO Presentation HEREBY PRESENT to your lordship, and to the said rectory of aforesaid, now become vacant by the death of the Rev.

to the rectory.

(a) When an heir in socage has no testamentary guardian, he may at Infant of age the age of fourteen years choose a guardian for the remainder of his of fourteen minority (Co. Litt. 78 b; Macpherson on Infants, 76). The election by years may appoint an infant of his own guardian does not supersede the authority of the guardian. Court, and as it is doubtful what are the powers of a guardian so elected, this course is seldom resorted to.

(b) The stamp duties charged by the 33 & 34 Vict. c. 97, on appoint- Stamps on ments of ecclesiastical benefices, are repealed by the 40 & 41 Vict. c. 13, presentation.

sect. 13.

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