Page:The English Reports v1 1900.pdf/402

said Lawrence Davoren, by virtue of the said codicil to said James Davoren's will; and excepting another penal bond of that date, passed and perfected by him the said Lawrence Davoren to John Davoren, for 183l. 6s. 9d. sterling, payable at will and pleasure to the said John Davoren, and conditioned for the performance of the conditions and covenants therein inserted; which conditions, it is therein mentioned, were sufficient to secure, indemnify and save harmless the said John Daveren, his administrators or assigns, from any challenge or demand whatsoever that the said James Davoren, son to the said Lawrence Davoren might have had to the said John Davoren, his executors and administrators, on account of the sum of 91l. 13s. 4½d. sterling, therein mentioned to be that day paid him the said Lawrence Davoren by the said John Davoren, as mentioned in said bond. And the said John Davoren (it is therein. mentioned) was to pass and perfect a lease of the lands of Gragans unto the said Lawrence Davoren, for the term, time and space of eleven years, to commence the 1st day of May then next, at the clear yearly rent of 90l. sterling, to be paid unto the said John Davoren, his administrators or assigns, in half-yearly payments, on the 1st of November and 1st of May in each year; with the usual clauses between landlord and tenant, and reserving a clause of surrender for said Lawrence Davoren every May-day during the said term, giving six months previous notice to the said John Davoren, his administrators and assigns, under hand and seal, attested by two credible witnesses, before such surrender. It is therein also mentioned, that the said Lawrence Davoren was to give up the quiet and peaceable possession of the said lands of Gragans, unto the said John Davoren, his administrators or assigns, at the expiration [16] or sooner determination of the said term; provided the said John Davoren's interest in the said lands of Gragans would hold so long; and provided the said Lawrence Davoren would pass and perfect the said deed of conveyance in manner as aforesaid, and not otherwise. And the said instrument or articles, after further reciting that the said James Davoren did, by the codicil to his said will, bequeath 3,000l. sterling unto the said Lawrence Davoren, and to his heirs male lawfully begotten, to be charged on the real estate that the said James Davoren died possessed of, in case the said John Davoren should happen to die without issue male lawfully begotten, and not otherwise; and that the said John Davoren, by his articles in writing, bearing equal date therewith, did promise and engage in the penalty of 3000l. sterling, to sign and perfect any assurance or assurances to confirm and ratify the same, according to the true intent and meaning of the said codicil, with respect to the said 3000l. and as the learned Counsel in the Law should reasonably devise or advise: And that upon his (said Lawrence's) sufficiently conveying by his deed under hand and seal, any and all the title or interest he ever had or might have had to the estate that the said James Davoren died possessed of, or to any part of it, in manner as aforesaid, and according to the true intent and meaning thereof, that he would acquit and discharge the said John Davoren, his executors and administrators, from any challenge or demand he might have had to him by virtue of the said Act of Parliament, or otherwise, to the day of the date thereof. And for further assurance of performing the same, he the said Lawrence Davoren did thereby depose on the Holy Evangelists, before God and his angels, and in the presence of the under-named subscribing witnesses, that he would fulfil and perform all the conditions mentioned and inserted in the said instrument or writing, which on his part ought to be fulfilled and performed, according to the true intent and meaning thereof, provided the said John Davoren would fulfil and perform all the conditions mentioned and inserted in the said instrument or writing, as on his part ought to be fulfilled and performed, according to the true intent and meaning thereof; as also what ought to be on his part fulfilled and performed, of the said instrument or writing.

John Davoreu (as is alledged) also made or executed to Lawrence, a certain other instrument or article of agreement, bearing equal date with the said last-mentioned instrument; and whereby, after reciting to the same effect with the last-mentioned agreement or paper writing; and also, that whereas the said Lawrence Davoren did, by his article or instrument in writing, under hand and seal, bearing equal date therewith, promise and engage, in the penalty of 3000l. sterling, to convey, assign, and sufficiently make over, by his deed in writing, under hand and seal, on or before the 1st day of January 1737, all the right, title