James, but to pay the fame to the faid James he the faid Edmund hath altogether refused, and ftill doth refuse, and fo the faid James faith, that the faid Edmund hath not kept with him the covenant made between them as aforefaid, but hath broken the fame, and to keep the fame with the faid James hath hitherto altogether refufed, and still does refuse, to the damage of the said James of one hundred pounds; and therefore he prays his remedy.

And the faid Edmund, in his own proper perfon, comes and Plea craves oyer defends the wrong and injury, when, &c. and craves oyer of the of the articles. faid indenture in the faid declaration mentioned, and it is read to him in these words, to wit: this indenture, made the third day of March in the year of Our Lord 1767, between James Innes, of the parish of St. James, Weftminster, in the county of Middlefex, efquire, a captain in the navy, of the one part, and Edmund Lacon, of Gray's-Inn, in the faid county of Middlesex, gentleman, of the other part: In the first place he the faid James Innes, for and in confideration of the covenants and agreements hereinafter contained on the part and behalf of the faid Edward Lacon, his executors and adminiftrators, to be paid, kept, done, and performed, doth hereby, for himself, his heirs, executors, and administrators, covenant, promife, and agree, to and with the faid Edmund Lacon, his executors and adminiftrators, in manner and form following, that is to say, that Sarah Innes, the wife of him the faid James Innes, and the daughter of him the faid Edmund Lacon, fhall and may peaceably and quietly, and without any contradiction, controul, interruption, moleftation or difturbance whatever, of, by, or from the faid James Innes, or by his order, direction, or procurement directly or indirectly from time to time, and at all times from thenceforth, go, live, and refide at fuch place or places, and in fuch manner as the fhall think fit, feparate and apart from the faid James Innes, her husband: And the faid Edmund Lacon doth, for himself, his heirs, executors and administrators, covenant, promife, and agree to and with the faid Innes, his heirs, executors, and adminiftrators, by thefe prefents, in manner and form following, that is to fay, that he the faid James Innes, obferving, performing, fulfilling, and keeping the covenants and agreements in thefe prefents contained on his part and behalf to be kept, done, and performed, then he the faid Edmund Lacon, his executors and adminiftrators, fhall and will, from time to time, and at all times hereafter during fuch times as the faid James Innes and Sarah his wife fhall live feparate and apart from each other, well and fufficiently fave, keep harmlefs, and indemnified the faid James Innes, his heirs, executors and adminiftrators, and his and their lands, goods, chattels and effects from and against the payment of all debts whatfoever which the the faid Sarah Innes hath contracted with any perfon or perfons whom foever, for neceffaries or otherwife, either before her intermarriage with the faid James Innes, or fince the feventeenth day of June now laft paft: and alfo from and against the payment of all VOL. III. Y fuch

fuch other debt or debts fhe the faid Sarah Innes fhall or may hereafter contract with any perfon or persons whatsoever, for neceffaries or otherwife, during fuch the faid feparation, and alfo from and against all cofts, charges and damages, which he the faid James Innes, his heirs, executors or adminiftrators fhall or may be compelled by law or equity to pay or sustain, or be put unto for or on account of any fuch debt or debts which the the faid Sarah Innes hath contracted, either before her intermarriage with the faid James Innes, or fince the faid feventeenth day of June laft, or fhall or may hereafter contract during fuch feparation as aforefaid; and alfo, that she the faid Sarah Innes fhall not, nor will at any time or times in anywife interrupt, disturb, or trouble the faid James Innes in his manner of living, or by following him or abufing him by ill language or otherwife how foever, and that he shall and may attend and go about his lawful bufinefs, from time to time, peaceably and quietly, without any interruption, moleftation, or trouble, by or from her or any other perfon or perfons, by her order, direction, or procurement, in any wife howsoever; and moreover, that the faid Edmund Lacon, his executors or adminis trators, fhall and will well and truly pay, or caufe to be paid unto the faid James Innes, the clear yearly fum of one hundred pounds of lawful money of Great Britain, by half yearly payments, viz. on the twenty-fifth day of March, and the twenty-ninth day of September, that is to fay, the fum of fifty pounds, part thereof, being the intereft of the fum of one thousand pounds, for and during the life of the faid James Innes, and fifty pounds, refidue of the faid one hundred pounds, during the joint lives of the faid Sarah Innes (heretofore Sarah Breton), and of the faid Edmund Lacon, according to the ftipulations mentioned in a certain memorandum or agreement of the twenty-fourth of September 1762, made previous to the marriage of the faid James Innes and Sarah his wife; in confideration whereof, and for other confiderations hereinbefore mentioned, he the faid James Innes, for himfelf, his heirs, executors and adminiftrators, doth hereby_covenant, promife, and agree, to and with the faid Edmund Lacon, his executors and adminiftrators, that it fhall and may be lawful to and for the faid Edmund Lacon, his executors and administrators, to deduct and defalk out of the faid yearly fum of one hundred pounds the clear yearly fum of fifty pounds of like lawful money, to be by him or them paid and applied during fuch separation as aforefaid, for and towards the fupport and maintenance of the faid Sarah Innes, and for her fole and feparate ufe and benefit, and to be paid into her own proper hands, and her receipt in writing to be from time to time a fufficient difcharge and difcharges for the fame; which faid yearly fum of fifty pounds is to commence and be payable unto the faid Sarah Innes from Michaelmas Day last; and ftly, it is hereby agreed, by and between the faid parties to thefe prefents, that upon the faid Edmund Lacon, his executors or adminiftrators, producing and delivering from time to time (halfyearly) the receipt of the faid Sarah Innes for the fum of twenty

five pounds (being the half-yearly payment of the fum of fifty pounds) unto the faid James Innes, or unto William Innes, of Lime-ftreet-fquare, London, merchant (the agent for the time. being of the faid James Innes), or to fuch other perfon from time to time as he the faid James Innes fhall appoint, that then and in fuch cafe fuch receipt, from time to time, fhall be a fufficient dif charge to the faid Edmund Lacon for the faid twenty-five pounds, (part of the faid fum of fifty pounds hereby agreed to be annually paid or allowed her for the purpofes aforefaid, and that upon the faid Edmund Lacon, his executors or adminiftrators, paying the other twenty-five pounds half-yearly) unto the faid William Innes, for the ufe of the faid James Innes, or to whom elfe he the faid James Innes fhall appoint, that then the receipt of the faid William Innes, or of fuch other person to be appointed by the faid James Innes for the time being, shall be a fufficient difcharge for the faid twenty-five pounds to the faid E. L his executors or adminiftrators, in the fame manner as if fuch receipt had been given and figned by the said James Innes, his executors or adminiftrators: Provided always, that in cafe the faid James Innes and Sarah his wife fhall at any time hereafter cohabit and live together for the space of fourteen days and upwards, then and in fuch cafe the prefent indenture, in refpect of the faid ly payment of the faid fum of one hundred pounds, and of fuch debts as fhall, from and after the time of fuch cohabitation as aforefaid, be by her the faid Sarah Innes contracted, fhall ceafe, determine, and be utterly void and of no effect, any thing hereinbefore contained to the contrary thereof notwithstanding: In witnefs the faid parties to thefe prefents have hereunto interchangeably fet their hands and feals, the day and year first above written, which being read and heard, the faid Edmund faith, that the faid Janes Innes ought not to have his aforefaid action thereof maintained against him, becaufe protefting that the declaration Protefting that aforefaid, and the matters therein contained, are not fufficient in the two halflaw for the faid James Innes to have his aforefaid action thereof yearly payments maintained against him the faid Edmund; protefting alfo, that on due. the twenty-fifth day of March 1768, in the faid declaration mentioned, fifty pounds for two half-yearly payments of the faid yearly fum of one hundred pounds, did not become due and owing from the faid Edmund to the faid James, as the faid James hath in his declaration aforefaid above in that behalf alledged for plea in this behalf the said Edmund faith, that the faid Sarah Innes, in the faid declaration and in the indenture aforefaid named, on the day of exhibiting of the bill of the faid james againft, was, and from thence hitherto hath been, and still is living and in full life, to wit, at Westminster aforefaid, and that the faid James and Sarah his wife have, from the time of e making of the indenture aforefaid until and upon the faid twenty-fifth day of March

did not become

in the year of Our Lord 1768, in the faid declaration above Plaintiff and mentioned, and from thence until the day of exhibiting of the bill wife cent nue to of the faid James against the faid Edmund, continued to live fepa- live feparate.

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rate

entitled to re

rate and apart from each other, according to the tenor, true inByreafonwhere- tent and meaning of the said indenture; and that, by reason of the of the became faid premifes, and according to the tenor, true intent and meanceive the annui- ing of the faid indenture, the faid Sarah Innes the wife of the ty of 100l. ac- faid James Innes, became intitled to have and receive into her procording to the per hands, and for her fole and feparate use and benefit, out of the tenor of the ar- faid yearly fum of one hundred pounds in the faid indenture men

ticles.

tioned, accruing and growing due from Michaelmas-day in the year of Our Lord 1766, until the day of exhibiting the bill of the faid James against the said Edmund, the clear yearly sum of fifty pounds, to wit, by half-yearly payments, and to give to him the faid Edmund, from time to time, receipts in writing for all and every fuch fum and fums of money, amounting to the fum of fifty pounds yearly and no more, as he the faid Edmund should, under and by virtue of the said indenture, pay to her the faid Sarah Innes according to the tenor, true intent and meaning of the faid indenture: And the faid Edmund further faith, that under and by virtue of the indenture aforefaid, after the making of the said indenture, and before the day of exhibiting the bill of the faid James against the said Edmund, to wit, on the twenty-ninth day of September 1767, to wit, at Weftminfter aforefaid, there became due, and under and by virtue of the indenture aforefaid, from him the faid Edmund the fum of fifty pounds only and no more, for half the yearly fum of one hundred pounds in the faid indenture mentioned, and which, according to the tenor of the faid indenture, was payable in manner following, to wit, the fum of twenty-five pounds, one half of fuch half-yearly payment unto the said James, and twenty-five pounds, refidue of the faid half-yearly payment, to the faid S. I. for her fole and feparate ufe and benefit; and that the faid fum of fifty pounds, fo being due as aforefaid for fuch half-yearly payment, and the fame being payable in manner aforefaid, he the faid Edmund afterwards, and before the day of the exhibiting of the bill of the faid James against him the said Edmund, to wit, on the day and year laft aforefaid, at Westminster aforefaid, did pay the one half of such half-yearly payment, to wit, the faid fum of twenty-five pounds, to which the faid James was entitled in form aforefaid unto the faid James, according to the tenor, true intent and meaning of the aforefaid indenture, and of the covenant of the faid Edmund fo by him made in this behalf as aforefaid, to wit, at Westminster aforefaid: And the faid Edmund further faith, that he the faid Edmund afterwards, and before the day of exhibiting the bill of the faid James against the faid Edmund, to wit, on the day and year laft aforefaid, at Westminster aforefaid, did pay the other half of the faid half-yearly payment, to wit, the fum of twenty-five pounds, being the refidue of the faid half-yearly payment, unto the faid Sarah Innes, and into her proper hands, and to and for her fole and feparate use and benefit, according to the tenor, true intent and meaning of the said indenture, and of the aforefaid covenant of the faid Edmund fo by him made in this behalf as aforefaid; and that the faid Sarah Innes

then

then and there, to wit, on the day and year laft aforefaid, at Westminfter aforefaid, according to and by virtue of the power given and granted to her the said Sarah Innes in and by virtue of the faid indenture aforefaid, did give to the faid Edmund a receipt for the faid fum of twenty-five pounds, fo being the half of fuch half-yearly payment; and that he the faid Edmund did afterwards, to wit, on the day and year laft aforefaid, at Westminster aforefaid, produce and deliver to the faid William Innes, in the faid indenture mentioned, the agent of the faid James, the faid receipt of the said Sarah Innes for the faid laft-mentioned fum of twentyfive pounds, being fuch half-yearly payment of the faid fum of fifty pounds, to which the faid Sarah Innes was fo intitled in form aforefaid, he the faid James, not having made any appointment for the delivery of the receipt aforefaid to any other person whomfoever, according to the tenor, true intent and meaning of the faid indenture, and of the aforefaid covenant of the faid Edmund fo by him made in this behalf as aforefaid, to wit, at Weftminfter aforefaid: And the faid Edmund further faith, that under and by virtue of the indenture aforefaid, after the making of the faid indenture, and before the day of exhibiting of the bill of the said James against the faid Edmund, and after the making of the payment laft aforefaid, to wit, on the twenty-fifth day of March, in the year, &c. 1768, to wit, at Westminster aforefaid, there became due under and by virtue of the indenture aforesaid, from him the faid Edmund, the fum of fifty pounds only and no more, for half the yearly fum of one hundred pounds in the faid indenture mentioned, and which, according to the tenor of the faid indenture, was payable in manner following, to wit, the fum of twenty-five pounds, one half of fuch half-yearly payment, unto the faid James, and twenty-five pounds refidue of the faid half- yearly payment, to the faid Sarah Innes, for her fole and separate ufe and benefit; and that the faid fum of fifty pounds, fo being due as aforefaid for fuch half-yearly payment, and the fame being payable in manner aforefaid, he the faid Edmund afterwards, and before the day of exhibiting of the bill of the faid James again't him the faid Edmund, to wit, on the day and year laft aforefaid, at Westminster aforefaid, did pay the one half of fuch halfyearly payment, to wit, the faid fum of twenty-five pounds, to which the faid James was intitled in form laft aforefaid unto the faid James, according to the tenor, true intent and meaning of the aforefaid indenture, and of the covenant of the faid Edmund fo by him made in this behalf as aforefaid, to wit, at Westminster aforefaid: And the faid Edmund further faith, that he the faid Edmund afterwards, and before the day of the exhibiting of the bill of the faid James against the faid Edmund, to wit, on the day and year laft aforefaid, at Weftminster aforefaid, did pay the other half of the faid half-yearly payment, to wit, the fum of twentyfive pounds, being the refidue of the faid half-yearly payment, unto the faid Saran Innes, into her proper hands, and to and for her fole and feparate use and benefit, according to the tenor, true

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intent