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shall also bear and sustain a proportionable part thereof; and in cale the faid respective parties should not pay, make good and satisfy such their proporsionable part or share, according to the true intent and meaning thereof, that then the said several and respective manors, messuage, lands, tenements, hereditaments and premises, herein before respectively accepted and limited to such of the parties so refusing to pay, satisfy and make good the same, shall from thenceforth stand and be charged and chargeable; and the same are thereby charged and made chargeable and liable to the payment or satisfaction and making good of the proportionable part of all such damage to be suitained or occasioned as aforesaid, as fully and effectually to all intents and purposes as if so much of the said premises limited in use to such respective party or parties so refusing had been thereby invested in the said T. T. and V. V. for that very purpose; by virtue of which said recited proviso the said marsh grounds, hereditaments and premises so conveyed to the said Sir A. 1. his heirs and afligns as aforesaid, may be chargeable with and liable to a proportionable part of all such loss and damage as shall arise or be occasioned by such evi&tion or incumbrance as aforesaid. And therefore, in order to indemnifi, lave barmless the said Sir A. A. his heirs and alligns, and the lid marth grounds, hereditaments and premises so by him purchased as aforesaid, of and from all such loss and damages aforesaid, he the said D. D. hath on the day of the date hereof entered into, and is become bound unto the said Sir A. A. by one recognizance in the high court of Chancery, of the penalty of - pounds, taken and acknowledged before T. T. Esq; one of the masters of the saine court, as by the said recognizance may appear. Now this indenture witnesseth, and it is hereby declared, provided and agreed by and between the said parties to these presents, and the said Sir A. A. dosh for himself, his heirs, executors and administrators, covenant, promise and agree, to and with the said D. D. bis heirs, executors and administrators, by these presents, that if the said D. D. his heirs, executors or administrators, ihall and do, at his and their own proper costs and charges, within the space of

years now next ensuing, cause or procure the said N. N. 0. N, and P. H. and each of them, or their and each of their heirs or affigns, by such good and sufficient conveyances and assurances in the law, as the counsel learned in the law of the said Sir A. A. his beirs or affigns, fall advise or require, to convey or afure, or by one or more good and sufficient release or releases, or other proper and fufficient deed or deeds for that purpose, to release, extinguish and discharge unto the said Sir A. A. his heirs and assigns, ALL luch es. tate, right, title, intereft, trust, property, possibility, contingency, claim and demand whatsoever, either at law or in equity, as they the said N. N. 0. N. and P. H. or any of them, their or any of their heirs and a figns, have, bath, or fhall or may have, claim or pretend to by virtue of the laid indenture sextipartite, or any clause, proviso or agreement therein contained; and particularly by virtue of the said recited proviso, or otherwise howsoever, of, in, to or out of the said meadow or marih ground, hereditaments and premises, in and by the

said indentures of leafe and release, and first mentioned fine, granted and conveyed, or mentioned or intended to be granted and conveyed, unto and to the use of the said Sir A. A. his heirs and assigns as aforesaid, and every or any part or parcel thereof, and shall and do in the mean time fave, defend, keep harmless and indemnified the said Sir A. 4. his heirs and assigns, and the said meadow or marsh ground and premises fo by him purchased as aforesaid, and every part thereof, of, from and againft all suits, claims and demands whatsoever, that shall or may be made, demanded or prosecuted againit him the said Sir A. A. his heirs or afligns, or the said purchased premises, or any part thereof, by the faid N. N. 0. N. and P. H. or any of them, their or any of their heirs or afligns, by virtue, colour or means of the said indenture fexripartite, or any proviso or agreement therein contained ; that then and in such case the said recited recognizance shall be void and frustrate, and of none effect. And the said Sir A. A. his executors, administrators or affigns, fhall and will deliver up and render the faid recognizance unto the said D. D. his heirs, executors or administrators, to be cancelled and vacated; but upon failure, or non-performance of the condition or agreement above specified, the faid recognizance shall be and reinain in full force, effect and virtue. And lastly, it is hereby declared and agreed by and be. tween the faid parties to these presents, that no process, extent or execution whatsoever fall be had, sued out or prosecuted upon the said recognizance, until the faid Sir A. A. his heirs or asligns, shall fuftain or be put unto fome loss or damages, for or by reason or on account of such eviction or incumbrance as aforesaid, by virtue of the said indenture sextipartite, or the said recited proviso, or any other proviso, clause or agreement therein contained. IN WITNESS, &C.

Sealed, &c.

A Defeazance of an Agreement in Marriage- Articles to pay an

additional Portion; ibe fume bereby declared to be void upon Contingencies.

day of

T

year of

in

HIS Indenture tripartite, made the
and in the

year of our Lord 17- and in the
the reign of our Sovereign Lord George, &c. between A. A. of
in the county of Esq; of the first part, C. C. of
the county of Esq; of the second part, and B. B. of
in the county of
Esq; and C. C. of

in the said county of —, Esq; of the third part. Whereas in and by a certain indenture tripartite bearing even date herewith, and made or mentioned to be made between the said A. A. of the first part, the said B. B. and C. C. of the second part, and the said C. C. and H. C. daughter

of the said C. C. of the third part, reciting a marriage intended, by the permission of God, to be shortly had and solemnized between the said A. A. and the said H. C.; the said C. C. in consideration thereof and of the settlement therein covenanted to be made on the part of the faid A. A. did covenant with the faid B. B. and C. C. their executors and administrators, that in case the said intended marriage should take effect, he the said C. C. bis heirs, executors, or administrators, should and would at the end of

year next ensuing the date of the same indenture, pay, or cause to be paid unto the ruid A. A. his executors, or administrators, the sum of pounds, of lawful money of Great Britain, over and above the fum of

pounds, therein mentioned or agreed to be paid to the said A. A. by the said C. C. upon or before the solemnization of the said intended marriage ; and also should, and would, at the end of

years next ensuing the date of the same indenture, pay, or caure to be paid, unto the faid A. A. bis executors, or administrators, the further sum of

pounds, of like money, to compleat and make up the portion of the said H. C. the full fum of pounds, as by the same indenture, relation being thereunto had, it doth and may appear. NOW this indenture witnesseth, That it is hereby declared and agreed, by and between the said parties to these presents, and the faid A. A. doth hereby acknowledge, teftify, and declare, that although by the words of the said recited covenant, the said several sums of pounds, and

pounds, are in all events to be paid at the respective times therein mentioned ; yet nevertheless it was not so intended by the said parties to the said recited indentures, but that the said sums are to be paid upon the respective contingencies following, and not otherwise ; that is to say, the first of the said sums of

pounds, is to be paid at the end of year next ensuing the date of the said recited indenture, if the said C. C. Thall so long continue in his present office or place of (here the office was mentioned ;) and the other of the said sums of pounds is to be paid at the end of

years next ensuing the date of the same indenture, if he fall so long continue in his faid said office or place, and not otherwise, or in any

other manner.

And therefore it is hereby agreed, that if the said C. C. Thall not hold and enjoy the said office or place to the full end and expiration of — year next after the date of the same indenture, then and in such case the said recited covenant, and the several sums of money thereby covenanted to be paid, shall wholly cease and be void, and not be paid or payable. And if the said C. C. shall hold and enjoy his faid office o: place to the end of such year, but shall not hold and enjoy the iame to the end of

years next ensuing the date of the said recited indenture; then the said last mentioned sum of

pounds Thall cease, and not be paid or payable ; any thing in the said recited covenant contained to the contrary notwithstanding. IN WIT. NESS, c. Sealed, &c.

A De.

A Demise by Way of collateral Security. The Vender of Lands

abich were liable to certain Rent-Charges (orso supposed to be,) to indemnify tbe Purchaser, bargains and demises other Lands to a Trustee for the Purchaser for a long Term of Years.

T day of

county of

HIS INDENTURE TRIPARTITE, made the

and in the year of our Lord 174, and in the

year, &c. between A. A. Esq; of, &c. and N. and H. of B. A. Efq; of, &c. deceased, of the first part, C. C. of, &c. gent. of the second part, and D. D. of, &c. Efq; of the third part. WHEREAS the said C. C. hath bought and purchased in the names of himself and E. E. gent. his son and heir apparent, of and from the faid A. A. for the price or sum of

pounds, of lawful money of Great Britain, the manor or manors of and with their rights, royalties, members, and appurtenances, in the said

and the icite of the late monastery, or house of and the park, at

aforesaid ; and the demelne lands of the said manor or manors, and the rectory of the parish church of

-, and she advowson of the vicarage of the same church ; and the glebe lands, tenths, tithes, and hereditaments, to the same rectory belonging or appertaining; and divers other messuages, lands, tenements, and hereditaments, with their appurtenances, in

and

or some of them, in the said county of and ihe same are by indentures of lease and release, and baruain and fale, intended to be inrolled in the High Court of Chancery, the lease bearing date the day next before the day of the date of the release, and the release and bargain and fale bearing date the day next before the day of the date hereof, and made, or mentioned to be made, between the said A. A. of the one part, and the said C. C. and E. C. of the other

part,

in fideration of the said sum of

pounds, in the said indenture of release and bargain and Cale mentioned to be paid by the faid C. C. to the said A. A. granted and conveyed unto and to the use of the said C. C. and E. E. and the heirs and alligns of the said C.C. in trust for the said C. C. his heirs, and alligns. AND whereas the said manor or manors, lands, hereditaments, and other the premisses so purchased by the said C. C. as aforeiaid, or some part thereof, are by indenture bearing date the

-, day of

which was in the year of our Lord and made, or mentioned to be made, between the faid B. A. of the one part, and Sir I. I. of, &c. Bart. L. L. of, &c. Elq; M. M. of, &c. batchelor in divinity; N. N. of, &c. gent, and 0. 0. of, Gc. gent. of the other part; charged, or suppoled to be charged, together with the manor, caftie,

meil:ages,

con

messuages, lands, tenements, and hereditaments, herein after mentioned to be hereby granted ana demised, with the payment of several annuities, or yearly sums of money, amounting in the whole to the yearly sum of

pounds, for the purpofes in the same indenfure mentioned, and also with the payment of a further annuiiyor yearly fum of

-- pounds, upon a certain contingency therein mentioned, together with divers powers of entry and distress, and other remedies for recovering of the same annuities or yearly sums, in such manner as in the said Jast mentioned indentures are for that purpose provided and given. AND whereas the said A. A. did undertake and agree with the faid C. C. previous to the faid recited purchale, to free, detend, fave harmlefs, and keep indemnified, him the said C. C. his heirs and affigns; and the said manors, lands, hereditaments, and other premises so by him purchafed as aforesaid, of, from, and against all and every the said annuities or yearly sums of money in the said last recited indenture mentioned, and of, from, and against all and every the powers, remedies, or authorities, by the same indenture provided or given for recovery of the same annuities and yearly sums, and every or any them ; and also, of, from and against all loss, costs, charges, damages, and expences, which he the said C. C. his heirs and assigns, or any of them, should or might at any time hereafter fuftain, expend, or be put unto, for or by reason, or on account of the fame annuities or yearly sums, or any of them, or of the levying or raising the same, or any of them, or any artears thereof, in or upon the said purchased premisses, or any part thereof, by virtue of or under the said last mentioned indenture, or otherwise how foever. NOW this indenture witnesseth, That in pursuance of the said recited agreement, and in confideration of the faid recited purchase, and for the intent and purpose aforesaid, and for and in confideration of the fum of shillings, of lawful money of Great Britain, to the faid A. A. in hand, paid by the faid D. D. at or before the enfealing and delivery of these presents, the receipt whereof is hereby acknowledged, he the said A. A. ac the nomination and appointment of the said C. C. (testified by his being a party to, and his fealin, and delivery of these presents) hath granted, bargained, fold, and demised, and by these presents doth grant, bargain, sell, and demise, unto the said D. D. his executors, administrators, and alligns, ALL that the manor of -, with the rights, royalties, members, and afpurtenances thereof, in the county of and all that the castle of

with the appurtenans ces, in the said county, and all other the mesluages, cottages, farms, lands, tenements and hereditaments whatsoever, late of the said B. R. and now of him the said A. A. or whereof or wherein he, or any person or persons in trust for him, is or are seized of any estate of freehold or inheritance, in poffeffion, reverfion, remainder or expectancy, firuate, lying or being within the faid courty of with their and every of their rights, ineinbers, and appurtenances,

and

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