Vol.III. Ch.XII. found, and indemnify in the mean time. (1) Release from Creditors (to one that took out Letters of Administration to the Debtor), upon their re ceiving £ Covenant from &c., dated the, &c., and to deliver up the said bond to be cancelled; but the said bond being at present mislaid, therefore I the said A. B. do hereby, for myself, my executors and administrators, acquit, release, and for ever discharge the said C. D. and E. F., and either of them, their and either of their heirs, executors, and administrators, of and from the said bond or obligation, and all sum and sums of money therein, and in the condition thereof men tioned, and thereupon due and payable, and of and from all actions, suits, payments, costs, charges, judgments, extents, executions, claims, and demands in law and equity, for and concerning the same, in any manner whatsoever. And I the said A. B. do hereby, for myself, my executors and administrators, covenant, promise, and agree to and with the said C. D. and E. F., and either of them, their and either of their executors and administrators, that when and as soon as the said bond or obligation shall be found, or come to my or their hands or possession, or to the hands or possession of any other person or persons, to my knowledge or for my use, I and they shall and will deliver, or cause and procure the same to be delivered up to the said C. D. and E. F., their heirs, executors, or administrators, or to some or one of them, to be cancelled; and will also, in the mean time, until the same shall be so found and delivered up (at my and their costs and charges), indemnify the said C. D. and E. F., their heirs, executors, and administrators, and either and every of them, therefrom, and from all or any actions, suits, costs, charges, payments, and damages for or in anywise concerning the same. In witness, &c. To all, &c., A. B., C. D., E. F., G. H., &c., creditors of J. P. of, &c. deceased, send greeting: Whereas the said J. P. at the time of his decease owed and was indebted unto the several persons aforesaid several sums of money, the particulars whereof, and of other charges and disbursements on account of the said J. P., are particularly mentioned in the account hereunto annexed: And whereas R. M. of, &c., hath taken out letters of administration to the said J. P., and hath thereby received the sum in the next account menin satisfaction of tioned, and hath paid and divided the same amongst us the said creditors, their Debts, to in proportion according to our said debts, which we are satisfied is all that be divided the goods and estates left by the said J. P. amounted unto: Now therefore amongst them in proportion to know ye, that we the said creditors do hereby severally acknowledge to have their Debts, and received, on the day of the date hereof, of and from the said R. M., administrator of the goods and chattels of the said J.P. as aforesaid, our respective full proportionable parts and shares, according to the debts to us severally due and owing by the said J. P., of the sum of e- of lawful, &c. remaining of the estate of the said J. P., as in the said annexed account is mentioned; and therefore each of us the said creditors, for himself, his heirs, executors and administrators, and partners, severally and respectively hath remised, released, and for ever discharged, and by these presents doth remise, &c. the said R. M. as administrator as aforesaid, his heirs, executors, and administrators, of and from the said several debts and sums of money so remaining due and owing to us respectively by and from the said J. P. as aforesaid, and from all manner of actions, suits, &c. which against the said J. P. or the said R. M. as administrator as aforesaid, we or either of us ever had, now have, or that we, our heirs, executors, or administrators, hereafter can, shall, or may have, for, upon, or by reason of the debts to us severally due and owing by the said J. P. deceased, or any other matter, cause, or thing whatsoever, from the beginning of the world unto the day of the date of these presents. And each of us the said creditors doth, for himself, his executors, administrators, and partners only and severally, and not jointly nor one for the other, covenant, promise, and agree to and with the said Ř. M., his executors and administrators, that if at any time hereafter (1) Montefiore, 399. (2) Id. 400. any other debt or debts, or sums of money, shall appear to be due and Vol.III. Ch.XII. owing by and from the said J. P. deceased, to any other person or persons, other than what are mentioned in the said annexed account, and the same shall be demanded or recovered of the said J. P., his executors or administrators, that in such case each of us the said creditors shall and will upon demand refund and pay, or cause to be paid, unto the said R. M., his executors or administrators, our respective proportionable parts and shares, according to the debts owing to us by the said J. P. as aforesaid, of all such debt or debts, or sums of money, which shall be so demanded or recovered of or from the said R. M., his executors or administrators, or which he or they shall so pay as aforesaid, for or on account of the said J. P., and of all costs, charges, and damages for or by reason of any such debt or debts, or any suits or other proceedings at law or equity, or otherwise, concerning the same. In witness, &c. And by these presents (according to and in pursuance of a certain A Release purwriting of award, indented, bearing date made and given under suant to an the hands and seals of) do for, upon, or anyways concerning Award. (1) in the said award mentioned, or every or any part thereof (add the general words), and from all, &c. -day of -, in the year of the Release of a Covenant in a Deed. (2) This indenture, made the reign, &c., and in the year of our Lord between (the releasor), of, &c. of the one part, and (the releasee), of, &c. of the other part. Whereas, &c. (recite operative part of deed and the covenant in question, and the consideration or motive): Now this indenture witnesseth, that in pursuance and performance of the said agreement, he the said (releasor) hath remised, released, and for ever quitted claim, and by these presents doth, for himself, his heirs, executors, and administrators, remise, release, and for ever quit claim unto the said (releasee), his heirs, executors, administrators, and assigns, and doth fully and absolutely exonerate and discharge him, them, and every of them, of, from, and against all that the said covenant, promise, and agreement in the said herein-before in part recited indenture of the -day of contained or expressed, for the levying or acknowledging any fine or fines, &c. (as the case may be), and all benefit and advantage to be had or taken of, from, or by means of the same; and also of, from, and against all and all manner of action and actions, suit and suits, cause and causes of action and suit, and claims and demands whatsoever, which the said (releasor), his heirs, executors, administrators, or assigns, can or may have, claim, or demand, or, if these presents had not been made, could or might have had, claimed, demanded, or been entitled unto, upon, from, or against the said (releasee), his heirs, executors, administrators, or assigns, or his or their lands, tenements, goods, chattels, or effects, by reason or on account of the same, or the breach or non-performance thereof, or otherwise howsoever in relation thereto; so and in such manner as that he the said (releasor), his heirs, executors, administrators, and assigns, and all and every other person or persons claiming or to claim any estate, right, title, or interest from, through, under, or in trust for him, them, or any or either of them, shall not, nor can nor may take, have, or derive any advantage, or otherwise avail himself or themselves of the same, in any manner howsoever. And the said (releasor) doth hereby, for himself, his heirs, executors, Covenant By and administrators, covenant, promise, and agree with and to the said Releasor to do (releasee), his heirs, executors, administrators, and assigns, that he the said further Acts. (releasor), his heirs, executors, administrators, and assigns, shall and will from time to time, and at all times hereafter, upon every reasonable request, and at the proper cost and expence of the said (releasee), his heirs, executors, administrators, or assigns, make, do, execute, and perfect, or cause and pro (1) Montefiore, 401. (2) Wilde's Sup. 2 vol.389. Vol.III.Ch.XII. cure to be made, done, executed, and perfected, all and every such further and other lawful and reasonable acts, deeds, matters, and things whatsoever, for the further, better, more perfectly and absolutely, or satisfactorily remising, releasing, exonerating, and discharging the said (releasee), his heirs, administrators, and assigns, of, from, and against the said covenant, promise, and agreement, and also of, from, and against all claims and demands of him the said (releasor), his heirs, executors, administrators, or assigns, for or in respect thereof, or otherwise howsoever in relation thereto, as by him the said (releasee), his heirs, executors, administrators, or assigns, or his or their counsel in the law, shall be reasonably advised and required. In witness, &c. Deed of Cove nant not to sue one of several Grantors of Annuity, so as to release him without discharging the Co obligor. (1) by This indenture, made, &c. between A. B. of, &c. of the one part, and C. D. of the other part. Whereas by indenture bearing date, &c., and made or expressed to be made between the said C. D. and C. J. esquire, of the one part, and the said ——— of the other part, in consideration of the sum of £- therein expressed to be paid to the said C. D. and C.J. by the said -, in manner therein expressed, the said C. D. and C. J. did thereby jointly, for themselves, their heirs, executors, and administrators, and each of them severally, separate, and apart from the other of them, did thereby, for himself respectively, and his respective heirs, executors, and administrators, covenant, promise, and agree to and with the said his executors, administrators, and assigns, that they the said C. D. and C.J., or one of them, their or one of their heirs, executors, or administrators, should and would from time to time, and at all times thereafter during the joint lives of the said C. D. and C. J., and the life of the survivor of them, well and truly pay or cause to be paid unto the said ———, his executors, administrators, or assigns, one annuity or clear yearly sum of £even and equal quarterly payments, to be made on the 30th day of November, the 28th day of February, the 31st day of May, and the 31st day of August in each and every year: And whereas by a warrant of attorney under the hands and seals of the said C. D. and C. J., bearing even date with the said indenture, the said C. D. and C. J. did authorize certain attornies therein named, jointly and severally, or any other attorney of the court of common pleas at Westminster, to appear for the said C. D. and C. J., or either of them, in the said court, as of Trinity term then last, Michaelmas term then next, or any other subsequent term, and to receive a declaration for them, or either of them, in an action of debt for the sum of £—, upon a mutuatus as for so much money borrowed at the suit of the said and thereupon to confess the said action, or else suffer judgment by non sum informatus, or otherwise, to pass against them, or either of them, in the same action, and to be thereupon forthwith entered up against them, or either of them, of record of the said court, for the said sum of £—— debt, besides costs of suit; and by a memorandum or defeazance indorsed on the said warrant of attorney, it was declared that the said warrant of attorney, and the judgment to be entered up under the authority thereof, were given and to be entered up for the purpose of securing to the said executors, administrators, and assigns, the said annuity of £days or times, and in manner therein and herein-before mentioned: And whereas a judgment was in or about term, in the the reign of his present majesty, entered up against the said C. D. and C. J., jointly, under the authority of the said warrant of attorney: And whereas the said departed this life in or about the month of made his will, dated the -day of the said his at the year of 18-, having first 18-, and thereby he appointed sole executor thereof, who hath since duly proved the same in the prerogative court of Canterbury: And whereas there was due and owing to as such executor as aforesaid, on the 31st day of May last, for the said (1) 8 T. R. 168. 1 Marsh. Rep. 603. 3 M. & S. 315. 322. 6 Taunt. 259. N.B. This draft was settled with great care by a very eminent conveyancer. --, after Vol.III. Ch.XII. in con one year and a quarter's arrears of the said annuity, the sum of the above-named C. D., the sum of £, the consider- Grant. We, the grantees of the within annuity, do hereby acknowledge, that in Memorandum consideration of the sum of £ paid to us by the within-named C. D., to be indorsed we have released and discharged the said C. D., and his real and personal on the original estate, from all liability touching or concerning the said annuity, without prejudice nevertheless to our claim on the within C. J. and his estate and effects. Dated this day of Witness, 18-. Vol.II. C. XIII. Affidavit of conduct of Master, in order to obtain Warrant to arrest Ship. CHAP. XIII. Proceedings in Court of Admiralty.(1) In the Admiralty Instance Court. R. D., of the town of Swansea in the county of Glamorgan, merchant, maketh oath and saith, that he, together with Messrs. S. L. H. Owners, of Mis- and Co.; J. B. of Morriston in the county of Glamorgan, gentleman; D. D. of the town of Swansea aforesaid, master mariner; J. E. of the same town, victualler; and T. D. of the same town, ropemaker, are part owners of the sloop or vessel called the Jane and Ann, of Swansea, now in, or expected to arrive at the port of Llanelly in the county of Carmarthen, of the burthen of twenty tons or thereabouts, whereof H. E. is at present master, in the following shares; (that is to say), this deponent of one-eighth part thereof, the said Messrs. S. L. H. and Co. of one quarter part thereof, the said J. B. of one-eighth part thereof, the said D. D. of one-eighth part thereof, the said J. E. of one - eighth part thereof, and the said T. D. of one-sixteenth part thereof. And this deponent further saith, that the said several parts or shares of the said sloop or vessel, being the property of him this deponent, and of the said Messrs. S. L. H. and Co., J. B., D. D., J. E., and T. D. are, in his opinion, worth the sunr of two hundred and sixty pounds or thereabouts. And this deponent further saith, that he this deponent, and also the said Messrs. S. L. H. and Co., J. B., D. D., J. E., and T. D., are much dissatisfied with the conduct of the said H. E. as the master of the said sloop or vessel (who is also part owner), in the management thereof; and therefore he this deponent, and the said Messrs. S. L. H. and Co., J. B., D. D., J. E., and T. D., are desirous to have the said sloop or vessel arrested, and prevent her going to sea, that this deponent, the said Messrs. S. L. H. and Co., J. B., Ď. D., J. E., and T. D., may have an opportunity of bringing the said H. E. to an account, and of disposing of their said several parts or shares before mentioned. And this deponent further saith, that he verily believes the said H. E. will proceed to sea with the said sloop or vessel against the will of this deponent, and the said Messrs. S. L. H. and Co., J. B., D. D., J. E., and T. D., unless prevented by the interference of this honourable court. Warrant to Sworn at Swansea in the county of Glamorgan, the 12th day of November 1821. Before me, J. J., a master extra in chancery. R. D. A-, registrar. George the Fourth, by the grace of God, of the kingdom of Great Britain Marshal to seize and Ireland, king, defender of the faith, to all and singular our vice-admirals, Ship on behalf of Part Owners, justices of the peace, mayors, sheriffs, bailiffs, marshals, constables, and to and to cite all all other our officers, ministers, and others, as well within liberties and franPersons claim- chises as without, greeting: We do hereby empower and strictly charge and ing Interest to command you, jointly and severally, that you omit not by reason of any answer, &c. liberty or franchise, but that you arrest or cause to be arrested the said ship or vessel called the Jane and Ann of Swansea (whereof H. E. now is or lately was master), her tackle, apparel, and furniture, wheresoever you shall (1) Se ante, 3d vol. 601 to 618. The author has considered it inexpedient to introduce a full collection of forms under this head. Only a few are inserted, to shew the course of proceeding. |