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Les diagrammes suivants illustrent la mdthode. 1 2 3 1 2 3 4 5 6 c I i'oaj Ci THE CANADIAN CONVEYANCER AND HAND-BOOK OF LEGAL FORMS: EEING A SELECTION OF i CONCISE PRECEDENTS IN CONVEYANCING, CAREFULLY REVISED, AND ADAPTED TO THE NEW REQISTBT ACT; •iil WITH INTRODUCTION AND NOTES ; yOHMlXO A COMPENDIUM OP LEGAL INSTRUMENTS FOR THE L^f^ft, JlJ^ftfiiCP THE PEACE, COUNTRY CONVEVANCEB-BTC. v*^ BY J. EORDANSp Ik^ » SECOOT EDIl'ION. ^ ^^tCL Of '^oss, " Clork,. draw a Deed of Gift." *^;,.'; .***' ^ MiTcharU'ofrffiice, \ TOR '* PBINTED BY W. C. CHEWETT 4 CO., FOR THE PROPRIETOR, J. &9llf>AlI^, WBtlOTHECA ^^^ J Entered according to the Act of the Provincial Legislature, in Who year of ovir Lord one thousand eight hundred and sixty-seven, by Joshua Kordans, In the Office of the Registrar of the Province of Canada. wV*«^ Va PREFACfi V > T.i, \ TOTUE SECOND EDITION. The Compiler cf the following work, in submitting anew edition (adapted io the late Registry Act) to the Canadian public, would off(5,r his grateful thanks for the favorable reception awarded to the former edition. He would also plead, as a justification for undertaking so responsible a task, his many years' experience in the practice of convey- ancing, both in ofljces of the highest respectability in the city of London, in England, and in this country, of which the present volume is submitted as the result. The important alterations effected by the late Registry Act and other statutes, and the absence of any similar work since th^^ir enactment, appeared to present a favor- able opportunity for the preparation of a more perfect and useful book. The Introduction, carefully revised by a gentleman of eminence at the Upper Canada bar, and brought down to the present time, will it is hoped prove useful to Students as an introduction to a more elaborate and scientific system of conveyancing. The alphabetical arrangement of the Forms has been adhered to, each to])ic appropriately connected with the main subject being classed under it. ^The Compiler therefore trusts his present effort will be found worthy of support and be of benefit to the public community. J. R. 88 Kivo Street, Toronto, * May, 1867. ^t <• TABLE or CONTKNTS. 1.— INDEX TO TREATISE. PAGE. Introduction — On the Laws i*elating to Ileal Property in the Province of Ontario 1^ English Law introduced 14 Of Title to Real Estate U Act for Quieting Titles 18 Estates for Life 20 Estates Tail 20 Estates in Fee Simple 22 Liability of Estates in Fee Simple to payment of Debts. 23 Descent of an Estate in Fee Simple 25 Tenure 2G Joint Tenants and Tenants in Common 27 Transfer of Real Property 28 A Will of Lands 33 Mutual Rights of Husband and "Wife : 1. Rights of Husband in Lands of "Wife 35 2. Rights of "Wife in Lands of Husband 3Y Incorporeal Hereditaments 38 A Term of Years 38 Mortgages 41 Titles barred by lapse of time and limitation of Actions. 44 Registration of Titles to Real Estate 40 Claims to Lands in Ontario for which no Patents have issued 48 Property of Religious Institutions 49 t VI INDKX. * ^ I f. 2.— INDEX TO TRECEDENTS. Aflfulavit of Execution of Deed f> I " " Remarks upon ditto r)2 J' Claim on Insolvent Estate 53 " General form of (53 Affirmation " 54 Affidavit of Residence (For Naturalization) 54 " Allegiance " 55 Agreement for sale of Land 55 " (Another Form) 58 Apprenticeship Indenture 61 " (Another Form) G2 " (Another Form) 04 Arbitration Deed 05 " (Another Form) OY •* Bond '70 " " Affidavit of execution of 72 " Appointment of Umpire '72 " Enlargement of time for making Award, 3 . " Of Indemnity 134 On Paying Lost Note 13.5 " For Fidelity of Clerk 137 " From Lessee and Surety to Pay Rent 138 '' For Minor to Convey, when of Age 140 Certificate of Acknowledgment by Married Woman 141 Under Act for Quieting Titles 142 Charter Party 142 Chattel Mortgage 144 " Promissory Notes 150 " Future Advances 156 Clerkship, Articles of, to an Attorney 161 Conditions of Sale of Goods 163 Lands 164 " Court of Chancery 166 Contract to Erect a House 167 " Sub, between Builder and Carpenter 168 " To do Repairs 170 Vm INDEX. Contract for Side of Merchant's Stock 171 " " Grain 172 " " On Commission 173 " Service as Clerk 1 74 Deed of Bargain and Sale 175 " " " Absolute Covenants 179 « " " Qualified Covenants 1 83 " " " Short Form, under SUtuto ... 187 " " " On Sale by Mortgagee 1«9 " " " By Building Society under Power of Sale 191 " From Assignee Under Insolvent Act 194 " Of a Water Course 19G " Covenant Concerning Light 197 " Right of Way 198 " Trust for Married Woman 199 " Confirmation 201 " Gift of Lands , 202 « " Personal Estate 203 " " " On Conditions 204 • « Exchange 207 •■' " (Another Form) 208 " Partition 209 " " (Another Form) 211 Deed Poll, by Co-heirs 213 " Executors 214 Declaration of Trust of Stock 215 " " Purchase Money 216 " " Bond 217 Distress Warrant 217 Notice 218 " Inventory 218 *' Appraisement 219 Farming Lease, Agreement for 219 Grant of an Annuity 222 " Annuity Bond 223 Ground Rent Deed 224 I 4 INDEX. is tease, House 228 " Farm 201 " " (Another Form) 236 " Short Form under Statute 241 " Mining 242 (Another Form) 250 " Part of a Uouso 253 License, Letter of 254 Mortgage in Fee 255 "VVitli Power of Sale and Insurance Covenant. 259 Short Form under Statute 265 By Way of Further Charge 2G7 ToBuikling Society 211 " Cov<*nr,nt not to sue upon . . . 273 Of Life Policy 276 Mortgage Bond 278 Of Lease . 279 Notarial Certificates on Execution of Instruments Going Abroad, ilc 284 Notice of Exercising Power of Sale under Mortgage .... 287 Protest 288 " To Quit by Landlon^ 288 Tenant 289 Partnership Deed 289 " (Another Form) 292 Dissolution of 295 Bond for Payment of Share . . 296 " Bond Against Partnership Lia- bilities 297 " (Another Form) 297 " " Notice of 298 Party tVall, Agreement respecting a 298 Patent, Petition for 301 " Specification 302 ** Petition for Patent for Design 303 -" Assignment of entire interest in 303 "•* License to Use Invention 304 . , 331 " From One Joint Tenant to Another 332 " Of Dower 333 " " (Another Form) 335 *• To a Guardian 386 " Executors 337 " From Legatee, on coming of age 338 " Of a Trust 339 " Proviso or Condition 340 Marriage Articles 840 " Settlement in hands of Trustees 343 " " Of Wife's Personal Estate 349 ** » Wife'sReal and Personal Estate.. 352 , *• . " Policy, in names of Trustees .... 355 ** " " Where Assigned by IIus- , . . band.... 357 INDEX. Xi Marriage Settlement, Appointment by Wife under ;j59 To Change Investments. 360 Separation, Deed of ogj Sheriff's Deed for Taxes '. '. '. .'.' ' '. .' .' * * .' .* 364 Certificate do 365 Assignment do 366 Surrender of Lease 3gw " (Another Form) o^,g Transfer of Shares in a Company. ggg Of Stock 369 Trust Deed for Episcopal Church .'.*.'.*!.' .309 Of a Church (Another Form) 372 Will, to Y/lfe Absolutely 0^5 ' One Person ' qhc o to Wife for Life, and afterwards to Children 377 ' Personal Property to Children [[][[ 379 By Tradesman, of Business, &c 330 I Of Legacies, and Ajipointing Residuary Legatee. . . . 383 Codicil to a j^oj B!B \ J UWIMM Introduction ON THE LAWS RELxiTING TO REAL PROPERTY IN UPPER CANADA. (NOW ONTARIO). Wc pufposc introducing the following Forms, with a Concise outline Of the laws, relating to real property in this Province. The criminal law of England was first introduced by the treaty signed at Paris on the 10th February, 1763. After- wards certain other laws were introduced from time to time, by proclamations and other official instruments, and especially on the 7th October, 1763, in the reign of George the 3rd. When the Canadas were separated as to civil rights in 1791, the laws of Canada, that is to say, the French laws, were conceded to Lower Canada, while the civil laws of England were, by express enactment of our own Legisla- ture, declared to be in force in Upper Canada. By 82 Geo. IIL cap. 1, and by the Consolidated Statutes of Upper Canada, cap. 9, sec. 1, it was enacted, "That in all matters of controversy relative to property and civil rights, the laws of England, as they stood on the 15th October, 1792, should be the rule for the decision of the same," excepting any of the laws of England respecting the maintenance of the poor or bankrupts, and subject to certain exceptions and provisions relative to rights under a few former acta of this Province. On that day the unwritten or common 2 14 INTUObUCTlON. law and the written or statute law of England, as it then stood, became law in Upper Canada, and generally speak- ing no Imperial Statute passed since 1792 has any effect in this Province, unless Canada is expressly mentioned or unless re-enacted in our own Parliament. But by the 2nd section of chap. 9, Consolidated Statutes of Upper Canada, *' The Statutes of Jeoffails of Limitations, and for the amendment of the law, excepting those of mere local expediency which previous to the 17th January, 1822, had been enacted respecting the law of England, and those continued in force shall be valid and effectual for the same purposes in Upper Canada." The laws of this Province as to real estate arc much more simple than those of the mother country, since this is comparatively a new country. All our titles to real estate are of very recent date, and can be traced to the Crown. There are several species of property in England which are not to be met with among us, owing to the fact of this being a new country, and also to the different customs and usages existing here and in the mother country, such as copyholds, advowsons, tithes, rights of common, and rights of common of Turbary, of Piscary, and Pasture, and Seigniories or Lordships ; neither have we tenure by custom of Gavelkind, or Borough English, nor are all our written instruments subject to the Stamp Dut3\ Tithes were abolished in this Province by 2 Geo. IV. c. 32. The periodical revision of the Public General Statutes renders easier the knowledge of the written law of Canada, as it separates the repealed from those which are binding and in force. Property of all kinds is divided into two classes. Real and Personal, originally so called from the nature of the remedies for their recovery. Land could always be restored to its proper owner by a real action, whereas goods and chattels could not be so, but proceedings must be had against the person who had taken them away in order to '. ;l iSTKODLCTION. » . - ^ ^, ia. recover a pecuniary compensation c^ual to their yalue and by way of damages. ' ^■- i-- " I2eal property comprehends all such things as arc perma- tiont, fixed, indestructible, immovable^ and vH'hich cannot be carried out of their place, and is usually denoted by the terms, " lands^ tenements and hereditaments^''^ although under the authority of our statutes relating to real property the general denomination '* land'^ is often used. It legally includes all houses and other buildings thereon, so that by a conveyance of the land or ground the structures pass therewith, as well as everything else both above and below the surface. Hereditaments is the most comprehensive term of the three in signification. The term ''''premises " strictly denotes thaf which has been before mentioned, and property is seldom spoken of as premises unless a descrip- tion of it is contained in some prior part of the instrument. The terms messuage or house comprise all outbuildings, the orchard, yard and garden attached and adjoining thereto ; and appurtenances embrace all easements attached to or used with the property. We are bound therefore by the law of England prior to 1792, and it has been the policy to adopt from time to time such improvements as have been made in the English law, so far as such improvements have been applicable to the circumstances of this country. It follows that the law of real property in this Province in a great measure resembles that of England. It is un- necessary in a synopsis like the present to notice at much length the objects, eflfects, and operation of the several important Statutes of Uses, DeDonis, Quia Emptores, Wills and Frauds, however interesting to the antiquary and legal student. It is sufficient to remark, that after a lapse of nine or ten centuries we have almost come back to the same system of unfettered alienation of real property as existed in England before the Norman Conquest and the feudal system. It may appear strange that a common deed / ;! INTRODCCTlON. of a piece of freehold land in this Province cannot bd explained nithont going back to the reign of Henry the Kightli, when the Statute of Uses was passed (27 Henry A', 111. c. 10), that no man is in law the absolute owner of land, and that he can onl}' hold an estate in it. The objects of the Statute of Uses were, that all uses or equitable estates should become ler/al estates, and subject to the conunon law rules, and to put an end to the devise of estates. One of its principal uses was to enable an estate of freehold to commence in futuro or upon a contingency, whereas at the common law no such thing was permitted. The modern system of alienation is more in accordance with the laws of nature, tends more to the happiness of the possessor and to the increase of the nation's wealth. In this Province w'e have abolished the law of Primogeni- ture, though retained in England. All our conveyances depend on the Statute of Uses, and since this statute deeds have generally been introduced. The regular establishment of a registry office in each county and city renders our titles to real estate very simple and secure. OF TITLE. On every purchase of real estate or mortgage thereon the purchaser or mortgagee should investigate the title of the vendor or mortgagor as it stands in the registry office of the county in which the lands are situate. "When the title has passed through several persons it will be prudent to submit the same to some experienced conveyancer, and great care should be taken with regard to wills, many of which being drawn up by the parties themselves, may be unskilfully or incorrectly worded. In purchasing, how- ever, from the original grantee from the Crown, little difficulty is to be apprehended. In all cases, however, where land is unoccupied, a search should be made in the County Treasurer's Office for arrears of taxes, in tlie Sheriffs' Office as to sales for taxes or for '>:». TNTROorCTlON. 17 executions against lands, and in the ofticc of the Cleik of the Queen's Bench in Toronto for Crown debts. ]kfore paying over the purchase money or advancing a loan, a final search should be made to ascertain that no conveyance has been registered or fi. fa. lands placed in the sherifFs hands in the interim ; and the deed or mortgage should be registered as soon afterwards as possible, as the fact of registration is notice to all purchasers. All these precautions are requisite, although the pur- chaser may have from the vendor covenants for title. There are five usual covenants for title in most modern conveyances, namely : That the vendor is seized in fee, that he has good right to convey, for quiet enjoyment, free from incumbrances, and for further assurance. A vendor, as a rule, gives limited or qualified covenants, that is, cove- nants limiting his liability to his own acts. On the other hand, a mortgagee is generally required to give absolute covenants. The period for which the title need bo investi- gated is the last sixty years^ and the. vendor should furnish the purchaser with an abstract of all the deeds, wills and other instruments affecting the land during that period- In this Province, however, this is mostly regulated by the agreement of the parties, and the purchaser generally satisfies himself as to the title by searching in the registry office. This is safer and more satisfactory than relying on the al)stract of the vendor. When lands are sold by trus- tees sec. 10 of 12 Vic. c. 71, exempts the purchaser from seeing to the application of the purchase mone}', unless the contrary is expressly declared by the instrument creating the trust. When a sale is made by trustees who have no beneficial interest in the property, they merely covenant that they have done no act to incumber the premises. In some cases it might be advisable to have covenants for title from the person beneficially interested. A person who has bought a piece of land and has taken a deed and given a mortgage thereon fo^ the balance of the purchase monej, ! 18 INTRODUCTION. ••M i 1 : should be very careful how he disposes of such land before the mortgage has been satisfied, ile should have it stated in the deed to the purchaser from him that the land is sold subject to such mortgage. He should consider the solvency of the purchaser, and have inserted in the deed a covenant of indemnity against the mortgage and costs incurred on account thereof. On any sale or mortgage of lands all t'.y title deeds in the hands of the vendor or mortgagor which relate exclusively to the property in question should be handed over to the purchaser or mortgagee. Where the title deeds relate also to other property of greater value than that conveyed, the purchaser is only entitled to a covenant from the seller for their production, and also to copies thereof at his own expense. The custody of title deeds is, however, of less importance than formerly, since the passing of the late Registry Act (29 Vic. c. 24) herein, after mentioned, under which duplicate originals of all deeds relating to land are registered at the time of execution Where the vendor is married the purchaser should see that his wife joins in the deed in order to bar her dower. Purchasers at sheriffs sales should be as careful as in other cases, as the sheriff's deed conveys no better title to the land than the judgment debtor himself had. In a contract for the sale of real estate time is not of the essence of the contract unless so stipulated, but either party has in equity the power to make it so by giving the other reasonable notice to perform his part of the agreement. On taking an assignment of a mortgage also, much of what has been said will have to be observed. QUIETING TITLES. A defective system of conveyancing, as also carelessness in the preservation, and irregularity in the registration of Title Deeds, together with incorrect survej'^s, have rendered many titles unmarketable, and litigious purchasers, espe- cially where purchases have turned out unfavorably, have \v INTIIODUCTIOX. 19 after incurring a heavy bill of costs to the vendors, entirely defeated their title, because the necessary proofs required by law were not forthcoming. To remedy this defect, the very important and useful statute for quieting titles to real estate in Upper Canada, 29 Vic. cap. 25, was passed, by the provisions of which any person may have any title, legal or equitable, which he claims in any land in Upper Canada, investigated at any time in the Court of Chancery, which Court has framed a set of orders for regulating the proceedings under that Act. The application is made by petition, a certificate of the filing whereof is required to be registered in the county where the lands are situated, and the petition must be sup- ported by the production of all muniments of title and the certificates and proofs required by the Act, and before a certificate of title is granted by the Court, a notice must be inserted in the Gazette^ and if the Court so directs, in a local newspaper also. AYhere an adverse claimant is known to the Court, notice must be given as prescribed, and finally the Court grants such certificate of title as the circumstances warrant ; the effect of which is finally to dispose of such difficulties in the title as are stated to have been investigated by the Court, and any one purchasing after such certificate must accept the same as conclusive as to all points so as afore- said investigated. By this Act also, any resident of Upper Canada claiming real estate tborein, upon a similar application supported by proper proofs, is enabled to establish his legitimacy and the marriage of his progenitors or that he is the heir or co-heir of any one deceased or that he is a natural born subject of Her Majesty. It is worthy of note that for the purposes of this Act, a married woman is deemed a feme sole. III, 1^ ' 1 20 INTRODUCTION'. ; ESTATE FOR LIFE. This estate arises when a lease is made of lands to a man to hold for the term of his natural life or for that of any other person or for more lives than one. When one holds an estate hy the life of another ho is usually styled a tenai\t ^;wr autre vie, and the other person is called the cestui que vie. A grant by deed to a person simply without adding the words "and his heirs," confers an estate for life only. lie may part with it if he pleases, but it will terminate at his death into whosesover hands it may come. Any person remaining in possession of lands after the determination of a life estate, without the consent of the persons next entitled in remainder, is considered a trespasser. A tenant for life has an estate of freehold and he that hath a less estate, cannot have an estate of free- hold. Some estates which may not last a lifetime, are con- sidered in law as life estates and estates of freehold. Thus an estate granted to a woman during her widowhood, an husband's tenancy by the courtesy, a widow's tenancy in dower, and a wife's jointure, are all in law life estates. A tenant for life has merely a limited interest and cannot of course make any disposition to take effect after his death and cannot make leases to endure beyond his life, unless empowered so to do by the deed or will under which he holds. ESTATES TAIL. This is an estate given to a man, and the '■'•heirs of his liody.^^ It will descend on the decease of the first owner to all his lawful issue, children, grand-children and remote descendcnts, so long as his posterity endures in a regular course of descent, but not to collateral relations, and on the other hand, if the first owner should die without issue, his estate will then determine. It may be either in pos- session or expectancy. A tenant in tail has the power to acquire an estate in fee simple, either in possession or I. \*\ INTKOnrCTION. St li is Iwner [mote ;alar Id on [ssue, pos- er to )u or remainder, by larrlng the entail, as it is termed. Our Act 9 Vic. cap. 11, regulates tlie law as to barring estates tail. Previously to this statute, estates tail were barred by the cumbrous and antiquated machinery of a fine or com- mon recovery. This Act has established the office of j)rotector^ who is generally the owner of the first existing estate tor life, under the settlement prior to the estate tail. AVhen the estate tail is not an estate in possession, but is preceded by a life estate in some other person, the consent of the protector is requisite to enable the tenant in tail to bar the entail and dispose of the lands as a tenant in fee simple, and such consent may be given either by the same assurance by which the disposition is effected or by a dis- tinct deed, and is to be executed on or at any time before the day on which the assurance effecting such disposition shall be made. Every disposition of lands by a tenant in tail, is to be effected by some one of the common assurances to pass an estate in fee simple absolute, but must be by deed and not by will or by contract incomplete. The assurance by deed must also be registered in the Registry Office of the county or city in which the lands are situated, within six calendar months from the execution thereof and the consent of the protector, if given by distinct deed, must also in like manner be registered either at or before the time of registering of such assurance. The protector is under no restraint in giving or withholding his consent, but is left entirely to his own discretion. When the estate tail is in possession, that is when there is no previous estate for life there can very seldom be any protector, and the tenant in tail may at any time by deed duly registered, bar the entail remainder and reversions at his own pleasure. A tenant in tail is empowered however to make leases without the necessity of registration, for any term not ex- ceeding twenty-one }• ears froin the date, or from any time not exceeding twelve calendar months from date, where a rack rent or tive-sixth parts of a rack rent shall be therel)y reserved. ■'« 22 INTHOntTTIOV. I' ' ' ESTATE IN FEE SIMPLE. This i« the greatest estate or interest which the Law of Kiigland allows any person to possess in land. A tenant in fee simple is one that holds land to him and his heirs, f;() that the estate descends not merely to the heirs of his body but to collateral relations according to the canons of descent. The unfettered right of alienation, which is now inseparably incident to this estate, is by far its niost valuable quality. A tenant in fee simple holds his land free from any qualification or condition, and he may alien his estate subject to any conditions not repugnant to law. Aliens in this Province may generally hold and transmit real estate as natural born subjects, and the period of resi- dence required to make them naturalized subjects is now only three years. Infants or all persons under the nge of twenty -one years, and also idiots and lunatics, '[though they may hold lands, are incapacitated from making a binding disposition of any estate in them. But under certain circumstances, infants are empowered by 12 Vic. C. 72 to make conveyances of fee simple, and other estates under the direction of the Court of Chancery ; and similar powers with respect to the estates of idiots and lunatics have been given by 9 Vic. C. 10 to i\\Q\Y committees. The poweis given by these Acts are now however to a great extent superseded by tlic Act 20 Vic. C. 50 by which power is given to the Court of Chancery by a simple order or decree to vest in any other persons real or personal estate in such manner, and for such estates as would be done by any executed deed, conveyance, assignment or transfer, of which the court had formerly authority to order the execution. Married women are under a limited incapacity to aliciiato as will hereafter appear. And a conveyance can be made only to such corjiovd- tiona as are authorised by their Acts of Incorporation to i^ INTIlODrrTION. 2:1 purohfisc, hold, ami convey lands for llio uses ol Iho eorporfition. Crown debts when rcpjistcred in the office of the clerk of the Court of Queen's Bench, Toronto, under 14 »fe 15 Vic, C, 0, char;^e and jillect lands and interests therein. It is {generally only necessary to seari^h for Crown debts where* the vendor is an Accountant to the Crown, or a holder of Komc oflice required to givo security to the Crown. LIABILITY OF ESTATES ly FEE SIMPLE TO Til!': PAYMENT OF DEBTS. This liability is not so extensive in this Province as in England, as we have no statute corresponding with llui Imperial Act 3 & 4 Wm. IV. c. 104. This liability to what may be called an involuntary alienation has been established by slow degrees. It is laid down by Britton, who wrote in the reign of Edward I., that the heir was not bound to pay the debt of his ancestor to any other person than the King, unless the heir were by the deed of his ancestor specially bound to do so. On this footing the law of England long continued. The heir was liable only to the value of the assets which had descended from his ancestor. When the power of testamentary alien- ation was granted a debtor who had thus bound his heirs became enabled to defeat his creditors by devising liis estate by his will to some other person than his heir, and in this case neither heir nor devisee was under any liability to the creditors. At length by 3 & 4 Wm. & Mary, c. 14, all devises by will are made void as against creditors by specialty, in which the heirs were bound, but not further or otherwise. This statute was made perpetual by G & 7 Wm. III. c. 14. A testator may, however, of his ov^n. accord by will charge his lands with the payment of his debts, in which case the Court of Chancery allows all creditors to be equally entitled to the benefit, and the lands are then called equitable assets. - ":iTr" 24 INTRODUCTION. The courts In Upper Canada had held, that under the Imperial Act of 5 Geo. IF. c. 7, the title of a testator or intestate in real estate in Upper Canada might be seized and sold under a judgment and execution by a creditor of the testator or intestate, recovered against an executor or administrator of the deceased, in the same manner and under the same process that the same could be seized and sold if the judgment and execution had been against the testator or intestate if living, and many sales had taken place and titles been acquired under such proceedings, and it being desirable to quiet the same, it was enacted by 27 Vic. c. 15, entitled, An Act respecting sales of land under execution against executors and administrators ; that under the said Imperial Statute the title and interest of a testator or intestate in real estate in Upper Canada might be seised and sold under a judgment and execution recoveicd by a creditor of the testator or intestate against his executor or administrator, in the same manner and under the same process that the same could be sold under a judgment and execution against the deceased if living. And all such sales theretofore made and titles given ihere- under are thereby declared to have passed and conveyed the title or interest of the testator or intestate in his real estate so sold and conveyed as against any objection that might be made, on the ground, that real estate could not be seized and sold in manner aforesaid under the said act > Provided always, that that act should not affect any case pending at the time of the passing of the same in or there- tofore finally adjudged by the courts of law or equity in Upper Canada. The lands of a defendant as also a contingent, an execu- tory, and a future interest and a possibility coupled with an interest in any land, whether the object of the gift or limitation of such interest or possibility be or be not ascer- tained, also a right of entry whether immediate or future, and whether vested or contingent into or upon any land ; INTliODlCTlOX. 25 ider the tator or )e seized editor of cutor or iner and 3ized and ;dinst the ad taken iings, and lacted by s of land tors ; that ,erest of a ada might execution ate against anner find sold under 1 if living. iven ihere- 1 conveyed in his real cction that e could not le said act '■> jct any case in or there- )r equity in t, an exccu- loupled with f the gift or )C not ascer- {0 or future, )n any land ; and also a mortgagor's equity of redemption may be sold by the shoi-ilF of the county where the lands lie under an execution against lands ; and the moment such execution is placed in the sheriff's hands any land or interest therein as aforesaid of the defendant in that sheriflTs county becomes bound for the payment of the judgment^ upon which such execution has been issued. DESCENT OF AN ESTATE IN FEE.SIMrLE. A person is said to die intestate when he departs this life without having made a will. If he make a will suffi- cient according to the statute to pass real estate, the latter will be distributed in accordance with the wishes of the testator, but if he does not exercise the right of making a will, then the statute law declares how his real estate shall descend. There are two acts on the subject in this Province, viz., 4 Wm. IV., cap. 1, and 14 & 15 Vic. cap. 6. As it is very seldom that any case at the present day can be affected by the statute of 1834, the former of such statutes, we content ourselves vith giving the course of descent according to the latter statute, stating the order for the sake of clearness as briefly as possible, referring the reader, as particular cases calling for adjudication may arise, to the statute itself- The real estate in Upper Canada of all persons dying intestate, after 1st January, 1852, descends as follows : 1. To lineal descendents and those claiming by or under them equally per stirjies. 2. To the Father. 3. To the mother. 4. To collateral relatives. 5. To the brothers and sisters of the father of intestate, equally, if all be living. 0. To thtir descendents. 2d INTKODUCTION. 7. To the brothers and sisters of the mother of intestate^ equally, and their descendants. 8, To the next of kin according to the English Statute of Distribution of Personal Estate, 22 & 23 Car. 11. cap. 10. This important Act brought in the doctrines of the Civil Law, abolished the right of primogeniture in Upper Canada and enables the half blood to inherit equally with the whole blood, unless the inheritance came by descent, devise or gift of some one of intestate's ancestors, in which case those not of blood of the ancestor, shall be excluded. All the children take equally, males and females, as under the Roman Law. Posthumous children inherit equally with those born in the intestate's lifetime. Illegitimate children cannot inherit. Where an inheritance descends to several persons, they take as tenants in common. Advancements to children by settlement or portion, are taken into con- sideration and affect the shares of the children so advanced, but the maintaining or educating or the giving of money to a child without a view to aportion or settlement in life, shall not be deemed an advancement within the Act. The interpretation clauses should be carefully read in order to see the extent of the meaning of the words used in the Act. It is only in cases of high treason, and of abetting, procuring or counselling the same, that an attainder for felony extends to the disinheriting of any heir or to the prejudice of the right or title of any person other than that of the offender, during his natural life. See 3 Wm. IV. cap. 4. TENURE. This term is used to denote the manner of possessing a tenement. The most familiar instance of a tenure is given by a connnon lease of a house or land fior a term of years. This is not however a freehold tenure, as the lessee has only a chattel interest. A tenant in fee simple has a i'rcehold tenure. The seller or giver of an estate in fee simple, is only a tenant to the Crown, with the liberty of putting I'll 1 >lo^ '1 ii iNtkODUCTION. 21 Lcstutci Statute cap. 10. he Civil Canada ^'ith the descent, in which xcluded. as under ally with children several ncements into con- idvanced, 3f money mt in life, Lct. The 1 order to ed in the abetting, ainder for or to the than that Wm. IV. )ssessing a re is given 1 of years, e has only a iVcehoUl i simple, is of putting .tnotlier in his place, By 12 Car. TI, cap. 24, all the tenures Ijy Knight Service were abolished, and the only tenures left were free and common socage, copyhold and frankal- moign. But by the Constitutional Act of 31 Geo. III., it is express!}' enacted that " all lands which shall be here- after granted within the Province of Upper Canada, shall be granted in free and common socage in like manner as lands are now holden in free and common socage in that part of Great Britain called England.'' Free and common socage in this Province is therefore synonymous with the term " freehold" or " fee simple." JOINT TENANTS AND TENANTS IN COMMON. A joint tenancy arises where any persons hold property between them in equal shares by purchase, as where two or more persons purchase lands and take a conveyance to them and their heirs. This is a joint tenancy, and the legal estate will go to the survivor. During the time they hold jointly neither of them has an estate in any particular part. Each has the whole with benefit of survivorship unless the tenancy be severed, and each is incapable of devising his respective share by will. On the severance of a joint tenancy, a tenancy in common is created. By 4 Wm. IV. C. 1, whenever by any letters patent, assurance or will executed after iBt July 1834, land shall be granted, conveyed, or devised to two or more persons (other than executors or trustees) in fee simple, or for any less estate it shall be considered that such persons take as tenants in common and not as joint tenants unless a con- trary intention appears on the face of the instrument. The proper mode of conveyance from one joint tenant to another of his interest is a deed of release. A tenancy in common is where several persons have dis- tinct estates either of the same or a different quantity in any subject of property in equal or unequal shares, and either bv the same or by several acts. Tenancies in common ian ^8 INTKODUCTION; descend to the heirs of each of the tenants because they have several freeholds and not an entirety of interest as joint tenants, and therefore there is no survivorship between them, but each may aUenate or devise his moiety to any person. This tenancy is more preferable to a joint tenancy as it is not subject to the right of survivorship. Any joint tenant or tenant in common can compel his co-tenants to effect a partition or sale by 14 & 15 Vic. C. G. A partition may also be voluntarily made by the parties by deed (2 \Vm. IV. 0. 35.) The proceedings for a compul- sory partition arc carried on in the Court of Queen's Bench, or Common Pleas, or in the Court of Chancery, when tho lands are situated in two or more counties; V^t in tho County Court, or in any of the Superior Courts ^t Law or Equity when the lands are situated in one county only. The proceedings are commenced by filing a petition in any of the said courts, praying that a partition or sale of the lands may be made, and the practice is principally regulated by 20 Vic. C. 65. I ■ TRANSFER OF REAL PROPERTY. A feoffment with Ikcry of seisin is the most ancient means of conveyance. Seisin signifies the feudal possession, and is to be distinguished from actual or simple possession. Thus a tenant for a term of years has not the feudal pos- session or freehold, but his possession like that of a bailiff" or servant is that of his landlord. Livery of seisin is the delivery of the feudal possession. In every conveyance (except by will) of an estate of inheritance the word ''7«ei>«" is necessary. A deed is a writing sealed and delivered, and the sealing and delivery constitute its execu- tion. By 9 Vic, c. 6, a feoffment must be evidenced by deed, and it is doubtful whether signing as well as sealing is absolutely necessary. An escrow is a deed delivered to a third person not a party to it, to be delivered up to the INTKODUCTION. 29 Other party upon the performance of a condition, and when so delivered up it operates froin'the time of its execution. The usual mode of conveyance in this Province is by deed of hnri^ain and sale. This form derives its effect, as before mentioned, from the Statute of Uses, and requires a consideration to be expressed, or the words, " unto and to the ■^^vt;" of the grantee. Considerations in a deed are either good or valuable. A good consideration is founded u[JT)n natural love and affection between near relations by blood. A valuable consideration is founded on something deemed valuable, as money, goods, services or marriage. Flvery deed or contract is void when made for fraudulent purpose.^, or in violation of law, and by 13 Eliz. c. 5, con- veyances of landed estates and also of goods made for the purpose of delaying, hindering or defrauding creditors, are void as against them unless made upon valuable considera- tion and bond fide to any person, without notice of such fraud. And by a subsequent statute 27 Eliz. c. 4, toluri- tavy conveyances of any estate in lands arc also void as against subsequent purchasers for valuable consideration. The Insolvent x\ct of 18G4 declares all conveyances made in contemplation of insolvency to a person aware of the fact, and all conveyances made for the purpose of defeating or delaying creditors, to be void, and all such conveyances where made to a person ignorant of the facts are voidable. Our statute 14 & 15 Vic. c. 7, enacts, 'that all corporeal tenements and hereditaments shall, as regards the convey- ance of the immediate freehold thereof, be deemed " to lie in grant as well as in livery^^^ that is to say, shall require a deed in writing and under seal for their effectual convey- ance. It further enacts, that a feoffment otherwise than by deed shall be void at law, and that no feoffnient shall have a *' tortious operation^'' that is to say, the feoffee shall not take an estate larger than that possessed by the feoffor. A reference is here made to the previous law under which if a tenant for his own life should have made a feoffment for 3 -"^'•■■i i I 30 INTUODUCTION. an estate in fee simple the feoffee would not thereby have ac(iuire(l an estate for the life of the feoffor, but \v(mi1(1 havo become seized of an estate in fee simple bij itrong. By the same statute it is also enacted, that a partition and exchange of any land and a lease required by law to be in writing of any land, and an aHHlgnmcnt of a ehnttel interest in any land, and a surrcmJcr in writing of any land not being an interest which might l)y law have been created without writing shall be v< id unless made by deed. That a contingent, an executory, and a future interest, and a possibility, coupled with an interest in any land and also a right of entry, may be disposed of by deed, and that neither the words " granV or " exchange^'' in any deed shall create any warranty or right of re-entry or covenant by implication, except in cases where by any act in force in Upper Canada it is declared that the word " grant" shall have such effect. The same statute declares that any cor- poration aggregate in this Province capable of taking and conveying land shall be deemed to be capable of doing so by deed of bargain and sale, in like manner as any person in his natural capacity, subject nevertheless to any general limitations or restrictions as to holding or conveying real estate which may be applicable to such corporations. Formerly a corporation could not convey by bargain and sale, because they could not be seised of a use or trust for another person. A deed of bargain and sale does not require registration as indispensable to render it a valid conveyance, but the necessity of registration is to prevent a subsequent purchaser from gaining priorit3^ Until the passing of 9 Vic. c. G, commonly called, " The Act to facilitate the conveyance of Real Property,''^ forms of deeds in use in this Province were comparatively long and cumbrous. Deeds under this statute are called " Sta- tutory Deeds^'' are much shorter than the old form although in effect the same, and since the passing of the late Registry Act have come into general use in the Province on account INTKODUCTION. [ii of the saving of expense in their registriitioii. There are two sehednlcs to the act, the one containing tlie covenants in the sliort the other the h)ng form. Tlie act then enacts, that any deed made in pursuance of tliat statute or refoi'- ring thereto, and containing the short covenants, shall he taken to have the same eflect and he construed as if con- taining the covenants in the long foi in. It also enacts that a deed or part of a deed failing to take elTect by virtue of the act shall still he as valid as if the act had not been passed. The Act l-i & 15 Vic. c. 8, is the corresponding act with respect to leases, and the provisions are of the same nature, but it may be useful to notice the effect of some of the usual covenants in a statutory lease, so that a lessee may know what constitutes a breach of them. The short form of covenant to pay taxes includes all taxes, whether parlia- mentary, municipal or otherwise, whether charged upon the premises or the lessor in respect thereof. The covenant not to cut down timber does not prevent the lessee from cutting timber for necessary repairs, firewood, or for the purpose of clearance. The notice to repair must be in writing and left at the premises, and the lessee has after such notice three calendar months to make such repairs. The consent to assign or sub-let must be in writing. The covenant that the lessee will leave the premises in good repair is subject to the exceptions of reasonable wear and tear and damage by lire. And here we would remark, that every lessee should have a covenant inserted in hii> lease, that the rent shall in case of destruction by fire cease from and after the happening ther'^of, otherwise he may be com- pelled to pay rent during the remainder of the term, although the premises may prove a total loss. The proviso for re-entry by the lessor on non-payment of rent, comes into operation at the end of fifteen days after any of the days on which tlie rent ought to have been paid, and no demand of such rent is necessary ; and for non-performance n2 INTUODUCTION. of covenants, it comes into operation at any tinje after snch breach or non-performance. Although the Uindlord under this covenant has the rif;;ht of re-entry, it is, however, necessary for him to bring an action of ejectment to recover possession of the premises. If a tenant holds the premises demised beyond his term, he is called an oxer-lioldhuj tenant^ and may be proceeded against under the 27 & 28 Vic. cap. oG ; under the pro- visions of which Act, the Judge of the County Court where the lands lie, has power to deal summarily between the landlord and an over-holding tenant, and in a proper case the Judge will issue process to the sheriff of his county to turn out the overholding tenant forthwith. The statutes regulating conveyances by married women seised of or entitled to real estate in their own right in Upper Canada, are, 59 Geo. III. cap. o ; 1 Wm. IV. cap. 2 ; 14 & 15 Vic. cap. 115, and 29 Vic. cap. 28. According to these statutes, the married woman must be twenty-one years of age and must convey the land by deed executed by her in her proper person or by her attorney duly appointed by power of attorney, jointly with her husband. If the deed or power of attorney to sell be executed in this Province, the wife must execute it in presence of a Judge of the Superior Courts or a Judge of a County Court or Surrogate Court, or of two Justices of the Peace for the count)"" in which she resides or happens to be, and such Judge or two Justices shall examine her apart from her husband, respecting her free and voluntary consent to convey her real estate in manner and for the purposes ex- pressed in the deed or power of attorney, and if she gives her consent, such Judge or Justices shall certify on the back thereof as to its execution by her and that she was examined apart from her husband and appeared to give her consent freely and voluntarily and without coercion or fear of coercion on the part of her husband or of any other person or persons. The Act also makes provision for cases INTUODLCTION. 33 cr such 1 muler owever, recover lis term, ■ocecded ihe pro- ^ Court between a proper s county 1 women > riglit in IV. cap. according renty-onc executed [ley duly [husband, cuted in ncc of a where the deed or power of attorney is executed in (ireat IJritain or Ireland, or in any other Colony or foreign State. A purchaser should enqin're whether the vendor is seized of the estate in his own right or in that of his wife. If the latter, the above requirements sliould be comphed with. An important enactment of the session of 1805, is the Act to amend the Law of Property and Trusts in Upper Canada, 20 ^'ic, cap. 28, and among its most useful pro- visions it provides that trustees, executors, &c., may apply by petition to the Court of Chancery, for opinion, advice, &c., as to the management of Trust Propert}'', adopting the provisions of the Imperial Acts 22 & 23 Vic. cap. 35. A WILL OF LANDS. The right of testamentary alienation of lands is a matter depending upon Acts of Parliament, viz., 32 Henry VIII. cap. 1 (the Statute of Wills) explained by 34 & 35 Henry VIII. cap. 5, and 12 Car. II. cap. 24. All estates in fee simple are now devisable by will. The Statute of Frarids reouires all devises and bequests of any lands or tenements to be in writing and signed by the party devising the same or by some other person in his presence, and by his express direction, and to be attested and subscribed in the presence of the devisor by three or four credible witnesses. Formerly this statute wa.s law here, and no other estate would pass by will than that which the testator was seized of at the time of making his will. But by the Provincial Act 4 Wm. IV. cap. 1 , it is enacted that any will affecting land executed in the presence of and attested by two or more witnesses, shall be valid, and that it shall be suflQcient if such witnesses subscribe their names in presence of each' other, although their names may not be subscribed in the presence of the testator. And it is further enacted that wher* the will contains a devise of all such real estate as the testator shall die seized of, such will shall be valid to pass any land that may be acquired after the making of 34 INTRODUCTION. "41 ll! sucli will, as if the title to Much land had been acquired before the making of the will. And that whenever land shall be devised in a will, it shall be considered that the devisor iMtended to devise all such estates .is he was seized of in the same land, whether fee simple or otherwise, unless it appears upon the face of such will that he intended to devise only an estate for life or other estate less than he was seized of at the time of making the will. The Statute of Frauds, it may be observed, requires that the witnesses should bo credible. Under the Provincial Act, however, the incompetency of the witnesses at the time of the execu- tion of the will or at any time afterward, is not sufficient to make the will invalid. Any person to whom or to whose wife or husband any beneficial interest is given (except a mere charge for payment of debts) will be a good witness, . but the bequest to such person will be void. Creditors also are good witnesses, although the will contains a charge for the payment of debts, and the mere circumstance of being appointed an executor, is no objection to a witness. It may be mentioned, however, that the statute authorising the devise of lands by married women, does not require the witnesses to sign in presence of the testatrix or of each other. As a will does not take effect until the decease of the testator, it may in the meantime be revoked, and this may be done iii various ways as by marriage, or by burn- ing, tearing or otherwise destroying the same, by the testator or some one in his presence and by his direction, with the intention of revoking the same, and also by any writing executed in the same manner as a will and declaring an intention to revoke, or by a subsequent will or codicil executed as before. Where a codicil is added, it is con- sidered part of the will, and the disposition made by the will is not disturbed further than is necessary to give effect to the codicil. The testator may if he choose, part with any of the property comprised in his will before his death, and this is called adetnption. The failure of a devise by INTICODL'CTION. oO tlic decease of the devisee in the testator's lifetime, is called a ht])fte of the devise, and this is not prevented by the lands being given to the devisee and his heirs. In the construction of wills, the courts hav« always borne in mind that a testator may not have had the same opportunity of legal advice in drawing his will as he would have had in executing a deed, and tlic (irst maxim of con- struction accordingly, is that the " intention of the testator ought to he ohsertedy In a deed, on the other hand, technical words are always used. If a testator devise land to the person who is heir-at-law, it is provided by 4 Wm. IV. cap. 1, that such heir takes as devisee and not by descent. As soon as possible after the testator's death, the will should bo proved in the proper Surrogate Court, and wills or devises affecting lands should be registered in the Registry Office where such lands are situated. A will, how- ever, or probate, if recorded within twelve months after the death of the testator, will be as valid against subsequent purchasers as if the same had been recorded immediately after such death ; 29 Vic. C. 24. Further time may be allowed for registration in certain cases of inability to record the will by reason of its being contested, or by any other inevitable difficulty without the devisee's wilful neg- lect or default, in which case it will be sufficient to register within twelve months after removal of the impediment. MUTUAL RIGHTS OF HUSBAND AND WIFE. 1. Rights of the husland in respect of the lands of his roife. By the act of marriage at the Common Law the husband and wife become in law one person, and so continue dur- ing the marriage. The wife is, as it were, merged in the husband, and before the statute hereafter mentioned the husband w^as entitled to the whole of the rents and profits arising from his wife's lands, and acquired a freehold estate m i .,,J i i 30 INTRODUCTION. ;; i therein diirin;:; tlic continuanco of the marrini^o. IJut ln'oj)erty niigliL then, and may still In* vestftl in tiiisteeH for the separate use of an intend;*! \\ ilr makiii;;; provision for hor jndcpcndent of the (Ul)ls ;iiid li.iliilitie^ of tiio hushat.d. Anothcrconscqnonceof the unity of Inislnnd ai\d 'vifc was the inahiUty of eitlier of them to eonvcy to tlie otiicr. !hit a man mi;^ht, and still may leave lands to his wife hy his will. And hy means of the Statute of lises a man mi;;lit, and may still convey lands to a tliird person in trust (or the use of his wife. IJy the Statute 22 Vic, C. 31, very important alterations were made i" *'• ' ' relating to married women's rights in l)roperty. liy the provisions of that statute any woman, wlio mar- ried hefore the passing of the a(;t, whose husljaiid had not pi'evious to the passing of the act, by himself or his tenants, taken possession of her real property, and any woman who married since that time may hold all her real estate acquired in any way before or after marriage, except property i-eceived by a married woman from her husband during coverture, and except also property included in or affected by her marriage contract or settlement, free from her hus- band's debts contracted since the passing of the act, and from his control or disposition, in as full a manner as if she were unmarried, except only that it shall be liable under execution against her husband for her torts. And the husband cannot be deprived of any estate he may become entitled to as tenant ly the courtesy. But this or any other estate Aihich the husband may by virtue of his mar- riage be !'r titled to in the property of his wife, shall not during hoi- life be subject to his debts. A married woman's property not settled by ante-nuptial contract is liable for her debte contracted before marriage in all cases where the marriage was since the passing of the act, and in case of marriage settlement on the husband the husband is liable INTKODUCTION. 37 for such debts to the extent of the property taken under such settlcmeiit. By the provisions of this Act also a married woman is permitted to devise her lands " to or amon^ her chiUl or chil(hen, issue of any marriage, and faihng there being any issue, then to lier husband, or as she may see fit, in the sami' tnanncr as if she were urnnarried." IJut her husband is not (hereby deprived of any right he may have acquired as tenant by the courtrMi/. A tendiicy by the courtesy occurs where the husband survives his wife, in casehe has had issue by Iter born alive who niight by possibility have inherited the estate as her huir. lie thus becomes entitled to an estate for the residue of his lifo in such lands of his wife as she was solely seized of iu fee simple, or fee tail in pos- session. If the wife's estate should be equitable only, her husband will be entitled to this estate in the same way. The wife's estate must be a several one or else held under a tenancy in cominon, and must be an estate in possession. 2. Jiiyhts of the icife in the lands of her husband. By the act of marriage the wife becomes entitled to an estate for life upon surviving her husband in a third part of all estates of inheritance of which he was solely seized at any time during the marriage, and which hQr issue by this marriage might by possibility have inherited. This interest of the wife is termed her dower. To the consummation of her title to dower three things are essential. 1. A legal and canonical marriage. 2. Seisin. 3. The husband's death. Where there is an exchange of lands the widow niay elect from which of the lands she will have her dower. In regard to the husband's seisin the law has been altered by our statute, 4 Wm. IV. c. 1, sec, 14, of which gives the wife dower without seisin, if the husband shall have been entitled to a right of entry or action, provided such dower be sued for or obtained within the period during which such right of entry or action might be enforced. Under 4 H % ; 3b INTRODUCTION. the same statute widows are entitled in equity to dov er, also in' '■^equitable estates in possession,''^ except an estate in joint tenancy. A woman may bar her dower by joining in her own proper person or by her attorney, with her husband in a deed of conveyance thereof in which a release of dower is contained : 2 Vic. c. 0, sec. 3. A married woman may also bar her dower by executing, in her own proper person or by her attorney, either alone or jointly with other persons, a deed to which her husband is not a party, containing a release of such dower. When dower is barred by a deed to which the husband is not a party, the wife shall undergo the same exanination as if she were parting with her separate property. No arrears of Dower, nor any damages on account thereof, can be recovered for a longer period than six years. INCORPOREAL HEREDITAMENTS. An incorporeal hereditament is a ri^ht issuing out of a thing corporate, whether real or personal, or concerning or annexed to, or exercisable with the same, as a rent issuing out of lands or houses or the like. Reversions, remainders, executory interests, rights of way, and annuities, are all examples of incorporeal hereditaments. They must be conveyed by deed or will. This kind of property is not of a visible and tangible nature, and does not in itself admit of actual delivery. A TERM OF YEARS. The two principal interests of a personal nature derived from landed property, arc, a term of years and a mortgage debt. And first, a term of years may be created by an ordinary lease, by settlement, will or mortgage deed. All terms of yearr,, of whatever length, possess the same attributes in the eye of the law, whether for one or a thousand years. A tenancy at toill may be created by parol or by deed. It arises when a man lets land to another to hold at the INTRODUCTION. r,9 will of the lessor. The tenant may be evicted whenever his landlord ])lcascs, and the tenant himself may leave a^- any time. This kind of tenancy is very inconvenient and seldom adopted. A tenancy hy sr(fferanc(\ is where a pei-son who has originally come into possession b3'a lawful title holds over after his title has determined. A special remedy asi^ainst orcr- holding tenants^ is provided by the Canadian Statutes, 4 Wm. IV. cap. 1, and 27 & 28 Vic. cap. 30. A lease from year to year is a mode of letting very commonly adopted. Its advantage is that both landlord and tenant are entitled to notice before the tenancy can be determined by cither of them. This notice must be given at least six months before the expiration of the current year of the tenancy. A yearly tenancy czin be created by parol or word of mouth, if the rent reserved amount to two thirds at least of the full improved annual value of the lands ; for if the rent do not amount to so much, the Statute of Frauds declares that such a parol lease shall have the effect of a lease at tcill only. A lease from year to year reserving a less rent, must be by deed. A lease at an annual rent made generally, without expressing it to be at will, and without limiting any certain period, is a lease from year to year. A lease for a fixed number of years may, by the Statute of Frauds, be made by parol, if the terra do not exceed three years from the making thereof, and if the rent reserved amour ' Jo Ivvo thirds at least of the full improved value of iho land. Leases for a longer term or at a lower rent, aio re7uired by Provincial Statute 14 & 15 Vic. cap. 7, to be in wilting and to be made by do./" There is ;is before mentioned, no limit to the number of years for which a lease may be grant'jd, so long as there is a fixed tin.e at which the term must end and from which it is to begin, and this latter inay be ?i a future period. The lessee is liable on his oxijI'^ss covenants during the con- •I 1 IT 40 INTKODUCTIOX. I ii iii tinuance of the term, notwithstanding any assignment which he may make ; but the assignee is only hablc for such covenants as run with the hind, which may be broken during the time the term may be vested in h'm, and not after he has assigned it over to another. On assigning leasehold premises, therefore, the assignee should enter into a covenant with the assignor to indemnify him against the payment of rent and performance of covenants contained in the lease. Covenants which are binding on the -izsignee are said to run with the land. Assignments of a chattel interest in any lands are also required to be by deed by 14 & 15 Vic. cap. 7. Leasehold estates may be bequeathed by will. Th.ey are ".onsidered as personal property and devolve in the first place or the executor or administrator. A tenant ^or a tcnu ot j-^ars may, unless restrained by express .^ovenauto, mak^^ an underlease for any part of his term. Any assi-^i.meut for any less period than the whole tevn^ is in efl'ect an under- lease. But an underlease which cor prises the r/'^oie term of the underlcssor and more propcrl}' caller an assignment of the lease gives him no right to distir/ixi for rent reserved since it leaves in him no reversion to which the rent can be incident. Between tlie original lessor and an under- lessee, no privity is said to exist, and consequently the original lessor's remedy for any breach of the covenants contained in the original lease, is only against the original lessee or any assignee of the wdiole term. A surrender of a term is also required by 14 & 15 Y'v. cap. 7, to be by deed. If an estate of freehold should Vd vested in any person who at the same time is possessc u of a term of years in the same land, and no other estate should intervene, the estate of freehold will swallow up the term which will as it is expressed, become merged in iiie free- hold. Leases for a term not exceeding seven years, when the actual possession goes along with the lease, need not be registered. m .S\- iNTUonrcTioN. 41 cnment iblc for broken nd not signing i enter against •ntained i-gigncc are also sasehold nsidered e or the ot } -^ars luak'^ an mciit for in under- i.o'ie term signment reserved rent can I under- ntly the ovenants original 15 Vi'V khould bo tsess( a of Ite should tt)e term iac frec- fcvhen thy Id not Ic Attornment is the consent of a .tenant to become the tenant of anotlicr landlord, and was formerly necessary to the validity of the grant of the reversion. Its neco«sity, however, in these cases, was abolished b}- 4 Sc 5 Anne, cap. 10. MORTGAGES. Any one who has such an interest in land as can be sold, is entitled to mortgage the same. X mortgage debt is an iiTterest in land of a jicrsonal nature, and no particular form is necessary. It is the conveyance by the mortgagor of his estate to the motgagee in fee simple, or by demise for a term of years a^ a security for the payment of a sum of money with a condition that the instrument shall be void or that the mortgagee shall re-convey the premises upon pay- ment of the mortgage money and interest within a limited time. Upon the failure of this condition called the proviso for redemption, the mortagee's estate becomes absolute at law, and he may recover possession of the premises by ejectment without any demand of possession. If, when the day of payment comes, the mortgagor should repay the mortgage money and interest, the mortgagee, or in case the mortgage has been assigned, then the person entitled to the mortgage money must discharge the mort- gage at the mortgagor's expense. This is done by a certifi- cate of discharge of mortgage under the late Registry Act. From the date of the mortgager the legal estate in fee bi nple belongs to the mortgagee, and the mortgagor is thenceforward unable to create any legal estate or interest in the premises. Although the day fixed for payment of the money has passed, the mortgagor has still a right to redeem the premises on payment of principal interest and costs up to the time of payment. This right to redeem is called the mortgagor's equity/ ofredemptiofi, and no agree- ment with the mortgagee expressed in any terms however stringent can deprive the mortgagor of this equitable right on payment within a reasonable time. But the mortgagor's MMHI MHII S3S 1 1 %i 42 INTRODUCTION. right will be barred bj'- the Statute of Limitations after 20 years from the time the mortgagee takes possession of the mortgaged premises. When the mortgagee is in possession, the Court of Chancery vrill compel him to keep a strict ac- count of the rents and profits. If the mortgagor does not repay the amount within a reasonable time after the day fixed for payment, the mortgagee can file a bill of fore- closure in the Court of Chancery against the mortgagor at any time within 20 j^ears next after the last payment ^f any part of the principal or interest secured by the mort- gage, in order that the mortgagee's estate in fee simple in Uio promises conveyed to him when tlie mortgage was first .'od maybe made absolute. The Court of Chancery, iio.M' or, can direct a sale of the property at the request of either party. In addition to the remedy by foreclosure, involving as it does, the necessity of a suit in Chancery, a more simple and less expensive remedy is now usually resorted to by inserting a power of sale in the mortgage, giving the mort- gagee power to sell the premises in case of default in pay raent. This course prevents the delay and expense of applying to the Court of Chancery. The mortgagee is a trustee, and it is contrary to a well-known rule in equity for a trustee to purchase the estate ; and if a mortgagee purchases the estate under a power of sale contained in his mortgage he still continues mortgagee, and is ' liable to be redeemed by the mortgagor. Watklns v. McKellar, 7 Grant, 584. A legal mortgagee may also, on default being made, serve a notice on the person in possession to pay all rents to the mortgagee ; and he may sue the tenant for use and occupation of the premises. A mortgagee after default, has three remedies in order to obtain his rights. 1st. To foreclose. 2nd. To sue at common law, on the covenant to l)ay contained in the mortgage, and ;3rd. To bring ejectment against the mortgagor or those in possession. By fore- INTUODLCTION. 43 closure alone the mortgagee takes the land, and it becomes his own absolutely. In England mortgages are generally by demise for a term of years so that on the mortgagee's death his executors may release the mortgage, but by our Statute l-i &, 15 Vic. c. 7, the executors of a mortgagee arc empowered to convey the legal estate. By 27 & 28 Vic. c. 31, similar provisions are made as in Jhe case of the statutes authorising short forms of convey- ance, and short forms of lense. By the provisions of this Act that cumbrous verbiage which is for the most part only intelligable to a mind trained in the law, is dispensed with ; and a few simple and clearly understood words are declared to mean all that is stated in the long covenants. This also as before mentioned, now that duplicate originals of all deeds arc registered in full, effects a considerable saving in the item of registration. An equitable mortgage is defined to be a y t) (ioo. l\'. c. 2, and 8 Vic. c. lo, religious societies and congregations of christians in l'i>per Canada can hold lands for the site of a church, chapel, meeting-house, hurial ground, or residence of the minister, or for the support of puhlic worship and the propagation of christian knowledge, but not for any other purpose. They must appoint trustees to hold and possess the lands and to maintain and defend actions. A deed to such trustees must be registered within 12 months after its execution. The trustees may, by 13 & 1-i Vic. c. 78, mortgage lands so held, to secure a debt con- tracted for the building, repairing, extending or improving a church, or for the purchase of the land, or may borrow money on mortgage for such purposes. By 18 Vie. c. IIU, grantees by patent or trustees may lease lands for 21 years, and renew such lease at the ex- l)iration of an}"- or every term of 21 years, and may bind their successors to pay for improvements on a valuation. The consent of tlie congregation to such leases must be signified by the votes of a majority of the members pres- ent at a meeting duly called for the purpose. Trustees may sue or distrain for rent in arrear as ordinary landlords. When lands held by trustees become unnecessary to be retained for the use of a congregation or religious body, and it is deemed advantageous to sell the land ; the trustees after giving public notice of an intended sale for four suc- cessive weeks in a weekly paper may !■ the land by pub- lic auction or private sale,* nd before the deed is executed the congregation must be duly notified thereof, and the sanction of the Court of Chancery obtained for the execu- tion of the deed. THE CANADIAN CONVEYANllKK. AFFIDAVIT OF KXHCUTION OF DOOUMMXT UNDKIi ^^EW KEGISTllY ACT, 29 Vic. Cai-. 24. County of 7 I' ^f make To wit : S oath and say : 1. That n)y name, place of residence, and occupation or calling are correctly set forth as above. 2. That I was present and did see the within Inden- ture, and also a duplicate thereof, duly executed, signed, sealed and delivered by the within named and that I am a subscribing witness to such execution ; and that the said w'thin Indenture, and also the duplicate thereof; were respectively executed as afore- said, at 3. That I know the said the parties to the said within Indenture. Sworn before me, at this day of A.D. 18 A Commissioner, ^-c, iji D. R., in and/or the County of ] AFFIDAVIT OF EXECUTION OF DOCUMENT UNDER NEW llEGISTRY ACT 29 Vic. Cap. 24. {Anotlier Form.) } I, make oath anj County of To wit : J say : 1. That my name, place of residence, and correctly set forth as above. are THE CANADIAN 2. That I was J)rcsent and did see the execution of the within Instrument and by part thereto ; and that I am a subscribing witness to such execution ; and that the said Instrument and executed at 3. That known to nic. Sworn before me, at in the County of this day of A.D. 18G A Commissioner for takiiig Affidiwils. In reference to the Forms of Affidavits under the New Registry Act, 29 Vic. cap. 24, it must be observed that the Affidavit must be endorsed (not annexed) on the Instru- ment. There must be sworn testimony as to the signature and execution of all the Grantors. It is preferable that the Affidavit should be made before the Ilegistrur of the County in which the lands lie, as he is a well-known officer, and his signature easily proved ; but any of the following parties will do, namely: A Judge of one of the Superior Courts of Law— a Judge of a County Court within his County — or a Commissioner authorized to take Affidavits by one of the Superior Courts. If the witness does not know the parties executing the deed, the blank in the Affidavit may be filled up with the words *' they are not." If the witness is acquainted with one or more of the parties, and not the whole of them, the fact should bo stated. The Act speaks of "one of the witnesses swearing" to the Affidavit, and in another place " the witness." To be perfectly safe, there should be tioo witnesses. ^ There appear to be doubts as to the necessity of having an Affidavit on the duplicate of the deed. The trouble, however, is so trifling, that it is recommended to have one. CONVEYANCER. 53 AFFIDAVIT OF CLAIM ON INSOLVENT ESTATE. Insolvent Act of 1864. In the ^iatter of A. B., an Tnsolvcni, and C D., Claimant, I, C. D., of being duly sworn in depose and say : 1. I am the Claimant (or the duly authorized Agent of the Claimant in this behalf and have a personal knowledge of the matter hereinafter deposed to or a member of the firm of Claimants in the matter and the said firm is composed of raybclf and of E. F. of ) 2. The Insolvent is indebted to me (or to the Claimant) in the sum of $ for (here state the nature and particulars of the claim for which purpose reference may also be made to accounts o/ documents annexed.) 3. I (or the Claimant) hold no security for the claim, or I (or the Claimant) hold the following and no other security for the claim, namely (state the particulars of the security.) 4. To the best of my knowledge and belief, the secu- rity is of the value of $ Sworn before me at ^ this day of A.D.18 S AFFIDAVIT. (General J^^yrm.) County of To wit : I, A. 13., of in tho County of > other proper desiijn yeoman (or or United Counties (ition) make of and oath and say : To wit : 6 1. Thnt,&o.,&e. {Iftrc Rtatp. i.'i m I' hi;.' 54 THE CANADIAN the matter to he sworn to, plainly and accurately. If the affidavit relates to more matters than one, then, having disposed of one matter in the first paragraph^ go on to a second, as follows ;) 2. That, &c., (kc, (and so on, \olth as many rira- graphs as may he necessary, confining each paragraph to a distinct matter^ and commencing each in a new line.) Sworn before me at in the County of this day of A.D. 18 C. D., J. P., or Commissioner, SfC-,for Conn:/ of AFFIRMATION. ( General Form.) County of "^ I, A. B., of in the To wit : County of yeoman (or or United Counties > other proper designation), do of and solemnly and sincerely affirm and To wit : J declare as follows : 1. That, &c., &c., (as in an Affidavit.) Affirmed before me"] at in the County ' of this day of A.D. 186 C. D., J. P., or Commissioner, «j-c., for the County of OATH OF RESIDENCE. {For Naturalization ) I, A. B., do swear (or, heingone of the persons allowed hy law to affirm injudicial cases, do affirm) that I have CONVEYANCER. 65 ;ed ive resided three years in this Province, with intent to settle therein, without having been during that time a stated resident in any foreign country. So help mo God. OATH OF ALLEGIANCE. (Ditto.) I, A. B., do sincerely promise and swear Qjr, beinj he here inserleif); and tlie .said i'urther agrees to pay to the said father of the said the following sums of money, to wit : which .said payments are to be made on the day of in eaeli year. And for the true perforinaneo of all and lingular the covenants and agreements hereinhctore contained, the said parties bind them.selves each unto the other, jointly by these presents. In WiTNKSS whereof, the .said parties to these pre- sents have hereunto set their hands and seals, the day and year lirst above written. Signed, sealed, &c. INDENTURE OF APPHENTICESIIIP FOIl A (URL TO LEAP.N HOUSEWORK, &c. This Indentukk, made the day of IS , Between of thcTownshipof intheCounty of widow of the first part her daughter, now of the age of of the second part, and of the same township, of the third part, WIT- NESSETH that the said by and with the consent of the said her mother, testified by her execu- tion of these presents, hath bound and put herself, and by these presents doth bind and put herself apprentice to the said with him to dwell and serve from the day of the date hereof i ail .n^ full end of the term of next ensuiuL ' t ) be cornpleted and ended; during which tern ae said her said master faithfully shall and Will cdy And Whereas, the above bounden and the said have agreed to refer such disputes and differences as well as all actions, suits, controversies, accounts, reckonings, matters and things in anywise relating thereto, to the award, arbitrament and deter- minai .on of Arbitrators, nominated, appointed and chosen as well by and on the part and behalf of the above bounden as of the said and who have consented and agreed to accept the burthen of the said arbitration : Now THE Condition of the above written Bond or Obligation is such, that if the above bounden do and shall well and truly submit to, abide by and perform the award, arbitrament and determination of the said arbitrators so nominated, appointed and chosen as aforesaid, touching and concerning the matters in dispute between the above bounden and the said and so referred to them, the said arbitra- tors as aforesaid (provided such award bo made in writing und^r the hands and seals of the said arbitra- tors, ready to be delivered to the said parties, or such of them as shall apply for the same, on or before the day of in the year of our Lord 18 ), Then this Obligation shall be void, otherwise to be and remain in full force and virtue. And it is hereby agreed between the said parties in difference, that those Presents and the submission hereby made of the said matters in controversy, shall be made a Rule of Her Majesty's Court of Queen's Bench or Common Pleas, at Toronto, pursuant lo the Statute in that behalf; And that all books, papers, wmm , ■^/,— TT. . ■■- -^ W-...,-^^.,,,-— fro THE CANADIAN vouchers, entries or uiemoranda in the power, custody, or possession of the said parties shall be produced to the said Arbitrators or Umpire; and that all witnesses produced to the said Arbitrators or Umpire shall be sworn by them ; And that all costs and charges attend- ant on the drawincr of these Presents and of the said Arbitration and Award shall be in the discretion of the said Arbitrators or Umpire. Signed, scaled, &c. AFFIDAVIT OF EXECUTION OF ARBITRATION BOND. County of , ] I, Y. Z., of, &c., make oath and to wit : j say, 1. That I was present and did see the annexed Arbi- tration J3ond duly signed, sealed, and delivered by the therein-named A. B,, and that I am the subscribing witness to the execution of the said bond Y. Z. Sworn before me at in the County of , this day of , 18 . K. F. ^1 Commissioner, dr., in B. E.for County of If the aflSdavit is intended for use in a court of law, it must be entitled in the court. APPOINTMENT OF UMPIRE. { ! We, the within named and do hereby nominate and appoint of to be umpire between us in and concerninc; the matters in diilerencc within referred [on condition that he do, within CONVEYANCER. 78 (lays from tho date hereof, by some writing iinJer his hand, accept the umpirage]. Witness our hands tliis day of , A.D IS Witness ENLAUOHMKNT OF TIME FOR MAKIN(; AWARD. We, tlie under.-igned arbitrators, by virtue of tlio power to us given for this purpose, do licrcby appoint, extend, and [if a second enlargnmod^ '• further"] en- hirge the time for making our award until tho day of next, on or before which said da^ our award in writing of and concerning the matters in difference witljiu mentioned and referred to us shall be made and published. In Witnkss wiikhkuf, we have set our hands the day of A.D. 18 Wit iiess. KXLARGEMENT OF TI.MF BY TIIF PARTIES. We, the within-nanjcd and for our- selves severally and respectively, and for our several and respective heirs, executors, and administrators, do hereby give, grant, and allow unto the within-named arbitrators further time for making their award of and concerning the several matters within referred to them, until the day of next. •In Witness whereof, we have hereunto set our hands [or, if the mibmusion was hy bond or dectf, say, "our hands and seals"], the day of , A.D. 18 , Witness, , ■P^^^J^^rf , ■■■ «iJa«W'j ,*■.» '^ii • i THE CANADIAN AITOINTMENT OF THIRD PERSON AS ADDITIONAL ARBITRATOR. We, the within-named and do, b}' this memorandum under our hands [made before we enter or proceed on the arbitration within mentioned] nominate and appoint of , the third person or arbitrator, to whom, together with ourselves, all matters in difference between the said parties within mentioned shall be referred, according to the tenor and effect of the within [deed]. Witness our hands this day of ,18 . Signed in the presence of ASSIGNMENT OF AGREEMENT TO PURCHASE. Whereas, the within named C. D. hath duly paid to the within named A. B. the sum of being the amount of the first two instalments of the puvchase money within mentioned, together with all interest upon such purchase money up to the day of last, according to the teiius and provisions of the within written articles, and there now remains to be paid the sum of oiilyj by equal annual instalments of each with interest from the day of last. And whereas the said C. D. hath contracted and agreed with E. F. of for the sale to him of the within mentioned premises [and the improvements thereon] and all his right and title thereto and estate and interest therein under or by virtue of the within written agree- ment, at the price or sum of but subject neverthe- less to the payment by him the said E. F., his heirs, executors or administrators, unto the said A. B., his COXVEVi^.ClR. (.) executors or administrators, of the said sum of residue of the original purchase njoncy aforesaid and interest thereon from the period aforesaid. Now THKSE PRKSENTH WITNESS that in pursuance of such agreement and in consideration of tlie sum of of good and lawful money aforesaid to him the said C. D. in hand paid by the said E. F. at or before the exe- cution hereof, the receipt whereof he the said C. D. doth hereby acknowledge, he the said CD. hath granted, bargained, sold, assigned, transferred and set over, and by these presents doth grant, bargain, sell, assign, trans- fer, and set over unto the said E. F., his heirs and assigns, all and singular the wiihin mentioned and described parcel or tract of land and premises and therein described as being Lot No. in the concession of together with all the right, title, and interest of him the said C. D. of in and to the within written articles of agreement, covenants, and the lands and premises therein referred to, and all improvements thereon, and all benefit and advantage to arise therefrom, or from the penal sum of thereby secured ; To have and to hold, receive and enjoy, the said assigned premises unto the said E. F., his heirs, executors, administrators, and assigns, from henceforth, for his and their own use and benefit forever. And the said C. D. doth hereby make, ordain? authorise, constitute and appoint the said E. F., his heirs, executors, administrators and assigns, his true and lawful attorney and attornies, irrevocable for him the said C. D., and in his name, but for the sole use and benefit of the said E. F., his heirs, executors, and ad- ministrators, to demand, sue for, recover and receive of »-•/• H* TIIL CANADIAN and from the within named A. 15., his heirs, executors, or admini.sfrators, all such sum or sums of money and duniapifS us shall or may at iiny time or times Iiereafter accrue or ^row due to him the s.iid C'. 1) , his lieirs, executors, administrators or assigns, uii(K;r or liy virtue of the said recited articles of at,'reement and covenants, or any matter, clause or thinu therein contained, by reason or on account of the bretich tn* disfauit of him the said A. J5., his heirs, executors, or administrators, in rehitioii thereto; the said C D. liereby also cuvenantino with the said E. h\, his heirs, executors, and administrators, that he hath not done or sullered. nor will he do or sutler any act, matter, or thing whereby the said Iv F., his heirs, executors, or administrators, shall or may be hindered or prevented from commencing, and prosecut- ing any action or actions, suit or suits at law or in equity for the recovery of any principal money or damages under or by virtue of the said articles of agreement and covenants referred to, or enforcing the performance of the said articles of agreement, or obtaining such other satisfaction as can or may be had or obtained for the same by virtue thereof; And the said E. F. doth hereby for himself, his heirs, executors and administrators, cove- nant with the said C. D. his heirs, executors and adminis- trators, that he, the said E. F., his heirs, executors, or ad- ministrators, shall and will well and truly pay to the said A.B., his executors or administrators, the aforesaid sum of residue of the purchase money aforesaid, and all the interest thereon now or hereafter to become due by the instalments and at the times mentioned and provided therefor in and by the said recited articles of agreement, and therefrom shall and will indemnify and forever save harinless the said C. D., his heirs, executors, and adraini- CftNTfcYANCER. 7? r'lrators, and his and their goods and chattels, lands and tcnemnrits by these prc'^cntB. In witness, &,c. Ileceipt for consideration to be endorsed. ASSIGNMENT OF ARTICLES OF CLERKSHIP. day of A.D. Gentleman, one of the This Indenturk, made the 18 , between A. A. of Attorneys of Her Majesty's Courts of Queen's Bench and Common Pleas for Upper Canada, and a Solicitor of the Court of Chancery of tlie first part; C C. of and D. C. (the clerk), son of the said C. C, of the second part, and E. F. of Gentleman, one of the Attorneys of Her Majesty's said Courts and a Solicitor of the Court of Chancery of the third part j Whereas by Articles of Clerkship bearing date the day of A.D. 18 , made between the said A. A. of the one part and the said C. C. and D. C. bis son of the other part, the • .id D. C. of his own free will did put, place and bind himself Clerk to the said A. A. to serve him from the day of the date thereof for, and during, and unto the full end and term of five years from thence Dext ensuing, and fully to be complete and ended, subject to the several covenants and conditions therein contained. And Whereas the said D. C. hath served the said A. A. as his Clerk from the day of the date of the said Articles to the day of the date of these presents ; And whereas it has been agreed that the said A. A. shall assign to the said E. F. all benefit and advantage of him the said A. A. under or by virtue of the said recited Articles of Clerkship for nil the rr?idno now to come T 78 THE CANADIAN and unexpired of the said term of five years ; And it has been further agreed that the said D. C. shall put, place and bind himself as clerk to the said E. F. from the day of the date of these Presents for the remainder of the said term. Now THIS Indenture Witnessetii, that in pursu- ance of the said agreement he the said A. A., at the request and with the consent of the said C. C. and D. C- testified by their respectively being parties to these pre- sents hath assigned, transferred and set over, and by these presents doth assign, transfer and set over unto the said E. F. all benefit and advahtage, interest, claim and demand whatsoever of him the said A. A. under the hereinbefore in part recited Articles of Clerkship, and the service of him the said D. C. under or by virtue of the same, to have and to hold ail right and interest whatsoever of him the said A. A. in and to the service of him the said D. C. under or by virtue of the same unto the said E. F. his executors, administrators and assigns. And this Indenture further witnesseth, that the said B. C. of his own free will and by and with the consent and approbation of the said C. C. testified as aforesaid, hath put, placed and bound himself, and by these pre- sents doth put, place and bind himS'^lf clerk to the said E. F., to serve him from the day of the date of these presents for and during the remainder of the said term of five years, and fully to be complete and ended. And the said C. C. for himself, his heirs, executors, and administrators, doth covenant with the said E. F., his executors, administrators, and assigns, by these pre- sents in manner following, that is to say, that the said D. 0. will well and fiiithfiillv sorve (he fjnid E. F. afl his CONVEYANCEU. 19 Clerk, &c. (the rest of (he fonn may he taken from (hat of the ori(finol Articles^ but con/iiu'n;/ (he service atul ioien WU «n^^«^^OT^ i^ TttE CANADIAN ASSKJNMEXT OF A BOX!) BY LXDOllSEMHNT. Know all .mkn, kc., that fur audiii consideration of the .sum of of ^ood luul huvful money of Canada, by E. .l'\, of to the within mentiuncd obligee, C. D. in hand well and truly paid ;'.t or before the scaling and delivery of these present:!, the receipt vehereof is hereby acknow- ledged, he the said 0. D. hath bargained, sold, assign- ed, transferred and set ovc, and by these presents doth bargain, sell, assign, transfer and set over unto the said E. R his executors, administrators, and assigns, the within written bond or obligation, and all principal and interest money thereby secured, and now duo, or here- after to become due thereon, and all benefit and advan- tage whatever, to be had made, or obtained by virtue thereof, and all the right, title, interest, property, claim and demand whatsoever, both at law and in equity, of him the said C D. of, in, to, or out of the said bond and monies, together with the said bond. To have^ hold, receive and enjoy the said bond and moneys, un- to tlic said E. R his executors, administrators and assigns from henceforth, for his and their own use and benefit for ever j And the said C. D. doth hereby make, cons<' ;te and appoint, andin his place and stead put and place the said E. F. his executors administra- tors and assigns the true and lawful attorney and attor- neys irrevocable of him the said C. D. in his name, but to and for the sole use and benefit of tht said E. F. his executors, administrators and assigns, to asl', demand and receive of and from the within named A. B. the obligor in the within written bond or obligation named, his heirs, executors, administrators or assigns, all such principal and interest moneys as now are or shall from CONVEVANCEK. 81 time to time, or at any time hereafter be duo upon the said bond, and to Bue and prosecute any action, suit, jud;^njent or execution thereupon, and to acknowledge, make and give full satisfaction, receipts, releases and discharges, for all monies secured by the said bond, and now due, or at any time hereafter growing due thereon, and generally to do all and every such further and other lawful acts and things, as well for the recovering and receiving as also for the releasing and discharging of all aad singular the said hereby assigned bond, monies and premises, is fully and effectually to all intents and pur- poses, as the said 0. D. his executors, administrators or assigns, could or might do if personally present, and doing the same. And the said C. D. doth hereby for himself, his executors and administrators, covenant with the said E. F. his executors, administrators, and assigns, to ratify, allow and confirm all and whatsoever the said E. F. his executors, administrators, or assigns, shall law- fully do or cause to be done in or about the premises, by virtue of these presents. And the said C. D. for himself, his executors and administrators, doth further covenant promise and agree to and with the said E. F., his executors, administrators and assigns, by these pre- sents, in manner following, that is to say, that the with- in mentioned sum of remains justly due and owing upon the said bond, and that he the said C. D. hath not received or discharged all or any of the said monies due, or to grow due on the said bond, nor shall or will release, nonsuit, vacate, or disavow any suit or other legal proceedings to be had, made, or prosecuted by vir- tue of those presents, for the suing for, recovering, releasing, or discharging of the ?aid moneys, or any of 82 ThE CAS'ADIAK them, without the license of the said E. F. his execu- tors, administrators or assigns, first had and ol)tained '"n writing, nor shall or will revoke, invalidate, hinder, or make void these presents, or any authority or power hereby given, without such license as aforesaid. In Witness, &c. ASSIGNMENT OF GROWN LANDS. Know all Men by these Presents, that I, * of the of in the County of and Province of Canada, for and in consideration of the snra of of lawful money of the said Province, to in hand paid by of the of in the County of and Province aforesaid, at or before the date hereof, the receipt whereof do hereby acknowledge, have bargained, sold, assi^* ?d, transferred, and set over, and by these presents d^ ;i -'- gain, sell, assign, transfer and set over unto the said heirs and assigns, all estate, right, title, interest, claim and demand whatsoever, both at law and in equity, of, in and to th certain parcel or tract of land and premises, situate, lying and being in the Town- ship cf in the County of and Province aforesaid, containing by admeasurement acres, be the same more or less, and being composed of lot number in the Concession of the Township of aforesaid. To HAVE AND TO HOLD the sauic, with all and every the benefit that may or can be derived from the said acrc!< of land, unto the said heirs and assigns, foreyer. m m CONVEYANCER. 8d In WrTNESS whereof, have hereunto set hand and seal this day of , A.D. 18 * Signed, Sealed, kc. Affidavit to he endorsed. Canada : -n I, of the of County of (. in the County of make oath To wit : J and say, that I way personally present and did see the within-named duly sign and seal, and as act and deed, deliver the within Assignment on the day of the date thereof, and that I, this depo- nent, am a subscribing witness thereto, together with of in the County of and that the said instrument was executed at Sworn before mc at in the County of this day of , A.D. 18 . A Commissioner in B. R, for taking Affidavits in and fur the said Count;/. ASSIGNMENT OF COPY-RIGHT IN BOOKS. This Indenture, made, isigns, All that the said judL'tucnt debt or sum of and all and every sum and sums of money now due and hereafter to jrrow due by virtue thereof, for jirineipa], interest, and costs. And also, the said jiid;^incnt and all other securities for the said debt, and the full benefit and advantage thereof. To have, holJ, oceivc, and enjoy the said judgment debt, and premises hereby assigned or intended so to be, unto the said A. 13., his executors, administrators, and assigns, hence- forth to his and their own proper use and behoof, as his and their proper goods and chattels for ever. And for the purpose of enabling the said A. 13., hia executors, administrators, or assigns, to receive and enforce pay- ment of the judgment debt, and premises, hereby assigned, the said Bank doth make, ordain, constitute, and appoint the said A. B., his executors and adminis- trators, the true and lawful attorney and attorneys of the said Bank, in the name of the said Bank, but at the costs and charges of the said A. B., his executors or administrators, to ask, demand, and receive of and from the said C. D. and E. F., their executors or administra- tors, the judgment debt, and premises hereby assigned, and on non-payment of the same or any part thereof, to obtain any execution or executions, or bring, commence, and prosecute any action or actions, suit or suits, as well at law as in equity, for the recovery of the same, and to use all such other lawful remedies, ways and means, as the said Bank could or might have used or taken for the recovery of the same, and on receipt or recovery thereof, to sign and give a good and effectual receipt or receipts for the same, with full power from time to time to appoint a .'substitute or pubstitutcs for all COSVKYANCEH. SO or any of the purposes aforesaid, and the said l^mk doth hereby a«j;rec to ratify and confirm whatsoever tho said A. 13., his executors or administrators, shall huv- fully do or cause to be douo in or about the promises. And the said A. B. hereby covenants to indemnify and save liarmless, the said Bank, from ail loss, costs, chartres, damages, and expenses, by reason or on account of any such proceedings as aforesaid. In witness whereof of Esquire, President of the said Bank, hath hereunto set his hand and affixed the common seal of the said Bank, and tho said A. B. hath hereunto set his hand and seal tho day and year first above written. ASSIGNMENT OF LEASE. This Indenture made tho day of A.D. 18 , Betwee:-! of the first part and of the second part. WITNESSETH, that in consideration of tho sum of now p.'. id by the said part of the second part to the said part of the first part, the receipt where- of Is hereby acknowledged the said part of the first part do hereby grant and assign unto the said part of the second part executors, administra- tors, and assigns, all and singular, the premises com- prised in and demised by a certain Indenture of Lease, bearing date the day of in the year of our Lord 18 , and made between together with the appurtenances, to hold the same unto tho said part of the second part executors, administrators, and assigns, henceforth fur and during tho residue of tho term thereby granted, and for all other the estate, term •^» ■'^«** «J0 THE CANADIAN and interest (if any) of the said part of the first part therein. Subject to the payment of the rent and the performance of the lessee's covenants and ap^ree- ments in the said Indenture of Lease reserved and contained. , And the said part of the first part for heirs, executors, and administrators, do hereby covenant with the said part of the second part 'executors, administrators, and assigns, that notwithstanding any act of the said part of the first part ha now power to assign the said premises in manner aforesaid. And that subject to the payment of the said rent, and the performance of the said lessee's covenants, it shall be lawful for the said part of the second part executors, administrators, and assigns, peaceably and quietly to hold and enjoy the said premises hereby assigned during the residue of the term granted by the said Indenture of Lease, without any interruption by the said part of the first part, or any other persons claiming under free from all charges and incum- brances whatsoever, of the said part of the first part. And that the said part of the first part, and all persons lawfully claiming under will, at all times hereafter, at the request and cost of the said part of the second part, executors, administrators and assigns, assign and confirm to and them, the said premises for the residue of the said term as the said part of the second part executors, administrators, or assigns, shall direct. And the said part of the second part for heirs, executors, and administrators, do hereby covenant with the said part of tlu first p;irt executors and administrators, that the said part of the second rONVEVANCER. 91 part executors, administrators, or assigns, will, from time to time, pay the rent and perform the lessees cove- nants in the said Indenture of Lease, and indemnify and save harmless the said part of the first part heirs, executors, and administrators from all losses and expenses in respect thereof. In Witness whereof the said parties to these pre- sents have hereunto set their hands and seals, the day, and year first above written. Signed, sealed, &c. ASSIGNMENT OF LEASE BY ADMINISTRATOR. Know all Men by these Presents, that A.B., of administrator of all and singular the goods and chattels, rights and credits of the within named C. D., deceased, for and in consideration of the sum of of good and lawful money of Canada, to him in hand well and truly paid by E. V. of at or before the sealing and delivery of these presents, the receipt whereof is hereby acknowledged, hath (by and with the consent of the within named A. B. testified bv his exe- cuting these presents) bargained, sold, assigned, trans- ferred and set over, and by these presents doth (by and with such consent as aforesaid) bargain, sell, assign, transfer and set over unto the said E. F., his executors, administrators, and assigns, all and singular the parcel or tract of land and premises, comprised in the within written indenture of lease, and all the estate, right, title and interest which he tiie said A. B., as adnnnistrator of the said C. D. as aforesaid, or otherwise, now hath, or at any time hereafter shall or may have, claim, m ;4 us if IMAGE EVALUATION TEST TARGET (MT-3) ^ '^ <5> //A ^1 I.C I.I 1.25 m 112.8 112 1X6 1.4 2.0 1.6 ^. %

2 A /% V' O}- w /A Photographic Sciences Corporation 23 ^EST MAIN ST»5ET WEBSTER, N.Y. M580 (716) S72-4503 fA *% ;\ 6^ 92 THE CANADIAN !!l !ii challenge, or demand, of, in, or to, all or any of the said premises, by virtue of the said indenture of lease or otherwise, as administfator of the said C. D. To have and to hold the said parcel or tract of land, and all and singular other the premises, with their and every of their appurtenances, unto the said E. F., his executors, administrators and assigns, for and during all the rest, residue and remainder yet to come and unexpired, of the within mentioned term of years, subject never- theless, to the yearly rent of in and by the said indenture of lease reserved and contained, and to become due and payable, and to all and every the covenants, clauses, provisoes and agreements therein contained. And the said A. 13. for himself, his heirs, executors and administrators, doth hereby covenant and declare to and with the said E. F. his executors, administrators, and assigns, that he the said A. 13. hath not at any time heretofore made, done, committed, or executed, or wit» tingly or willingly permitted, or suffered, any act, deed, matter, or thing whatsoever, whereby or wherewith, or by means whereof, the said parcel or tract of land and premiseb hereby assigned, are, is, can, shall, or may be any W|ys impeached, charged, affected, or incumbered in title, estate, or otherwise, howsoever. In witness, &c. ASSIGNMENT OF MORTGAGE. of This Indenture, made the day of 18 Between of the first part ; and the second part. Whereas by an Indenture of Mortgage bearing date 1)11 day of 18 , and made between 1 * CONVEVANCEU. 93 It is Witnessed, that in consideration of the said Mortgagor did convey unto the said Mortgagee all and singular th certain parcel or tract of land and premises situate, lying and being in the subject to the proviso for redemption therein contained. And whereas there is now due and owing upon the said Mortgage for principal the sum of together with interest from the day of 18 . Now THIS Indenture witnessetii, that in con- sideration of of lawful money of Canada, now paid to the said party hereto of the first part, (the receipt whereof is hereby acknowledged,) the said party hereto of the first part doth hereby grant, bargain, sell, assign, transfer, convey and set over unto the said part hereto of the second part, heirs and assigns, all and singular the said lands, and all the interest of the ^aid party hereto of the first part therein, together with the said Mortgage, and the benefit of all clauses and covenants therein contained, to hold the same unto and to the use of the said part hereto of the second part, heirs and assigns, for ever, free from all incumbrances by the said part hereto of the first part, but subject to such equity of redemption as is now subsisting therein. And this Indenture further witnessetii, that for the consideration aforesaid the said party hereto of the first part doth hereby assign, transfer and set over unto the said part hereto of the second part all principal moneys and interest now duo and to accrue due by virtue of the said Mortgage ; To have, receive and take unto the said part hereto of the second part, executors, administrators and assigns, as and .s& Mt mi 94 THE CANADIAN for and their own proper moneys and effects abso- lutely. And for better enabling the said part hereto of the second part to recover and receive the said principal moneys and interest hereby assigned, he the said party liereto of the first part doth hereby appoint the said part hereto of the spc^ond part executors, ad- ministrators or assigns, his true and lawful attorney and attorneys to ask, demand, sue for, recover and receive either in the name of the said part hereto of the first part or otherwise, from the said Mortgagor or any other person or persons liable to pay the same, the said principal moneys and interest hereby assigned j and to commence, institute and prosecute any action, suit or other proceeding at law or in equity for the recovery of the same, and to give sufl&cient receipts therefor ; and to make, do and execute any other act, matter or thing for recovering the same or giving sufl&cient discharges therefor, or for further assuring the said premises unto the said part hereto of the second part. And the said party hereto of the first part, for heirs, executors, administrators and assigns, hereby covenants with the said part hereto of the second part, heirs, executors, administrators and assigns, that the said principal moneys and interest are now due and owing by virtue of the said Mortgage. And that he hath done no act whereby the same have been released or discharged, or the said prenii-ses incum- bered. And that the said Mortgage is good, valid and sub- sisting, notwithstanding any act of the said part hereto of the first part. CONVEYANCKK. 05 In witness whereof, the said parties to these presents have hereunto set their hands and seals the day and year first above written. Signed, Sealed, &c. ASSIGNMENT OF MORTGAGE. {Another Form.) This Indenture made the day of , A.D. 18 , Between of the first part; and of the second part. WITNESSETH, that the said party of the first part, in consideration of the sum of of lawful money of Canada by the said party of the second part to him in hand paid, the receipt whereof is hereby by him acknow- ledged, hath bargained, sold, and assigned, and by these presents doth bargain, sell, and assign unto the said party of the second part, his executors, administrators, and assigns, all that certain sum of secured or in- tended to be secured to the said party of the first part, in and by the Indenture of Bargain and Sale by way of mortgage hereunto annexed, and all interest henceforth to become due for the same, together with the said Indenture of Mortgage, and together also with full power and authority in the name or names of the said party of the first part, his executors or administrators, to receive and give eflfectual discharges for the said sum of and from time to time to commence, institute, and prosecute such actions, suits, and other lawful pro- ceedings upon the said Indenture of Mortgage, for the recovery of the moneys, benefits, and advantages secur- ed thereby, as shall bo deemed necessary or expedient. l' t 90 THE CANADIAN 'I i I ! To HAVE, HOLD, RECEIVE, AND TAKE the Said sum of and the interest henceforth to become due for the same, and all and singular other the premises hereby assigned or intended so to be, and every of them and every part thereof, respectively, unto the said party of the second part, his executors, administrators and assigns, for his and their own absolute use and benefit. And this Indenture further witnesseth, that in consideration of the further sura of ten shillings, by the said party of the second part, to the said party of tho first part, in hand paid, the receipt whereof is hereby also acknowledged, he the said party of the first part hath bargained, sold, and released, and by these pre- sents doth bargain, sell, and release unto the said party of the second part and his heirs, all and singular that certain parcel or tract of land in the annexed indenture described, being nnd all the estate, right, title, and interest of the said party of the first part thereto or therein, by virtue of the said Indenture of Mortgage, To HAVi: and to hold the same with all appurte- nances thereunto belonging, or appertaining unto and to the use of the said party of the second part, his heirs and assigns for ever, but subject to such right, title, and equity of redemption, as the same are now subject and liable to, under and by virtue of the said annexed indenture. In witness whlreof, the said parties to those pre- sents have hereunto set their hands and seals the day and year first above written. Signed, scaled, Sic. CONVEYAXCKH. 97 ASSIGNMENT OF MORTGAGE. [By Indorsement.) Tins Indenture made the day of in the year of our Lord 18 , Between within named, of the first part, and of of the second part, WITNESSETH, that the party of the first part, for divers good considerations, him thereunto moving, and for the further consideration of the sum of five shillings to him in hand well and truly paid by the party of the second part at or before the sealing and delivery of these presents, the receipt whereof is hereby acknowledged, hath granted, bargained, sold and assigned, and by these presents doth grant, bargain, sell and assign to the party of the second part, his heirs, executors, administrators and assigns, all the right, title, interest, claim and demand whatsoever, of him the party of the first part, of, in and to the lands and tenements mentioned and described in the within mortgage, and also to all sum and sums of money secured and payable thereby and now remaining unpaid, to have and to hold the same, and to ask demand, sue for and recover the same, as fully to all intents and purposes as he the party of the first part now holds and is entitled to the same. In WITNESS WHEREOF the parties to these presents have hereto set their hands and seals, the day and year first above written. Signed, sealed, &c. 18 ASSIGNMENT FOR BENEFIT OF CREDITORS. Tuis Indenture, made the day of A. D. BETWEEN of the first part.. ';S T~< 98 THE CANADIAN ■wi of Iho said of the second part ; Trustee of the third part ; and the several other per- sons creditors of the said part of the first part, who may execute these presents, of the fourth part. Whereas the said part of the first part in- debted unto the several persons, parties hereto, of the third and fourth parts, in several sums of money, and being unable to pay the same, ha proposed to execute an Assignment of all estate and efi"ects, unto the said part of the third part, upon trust, for the benefit of creditors, in manner hereinafter expressed generally without any preference whatsoever. Now THIS Indenture witnesseth, that pursuant to the premises, and in consideration of the sum of five shillings of lawful money of Canada to the said part of the first part, in hand paid by the said part of the third part, (the receipt whereof is hereby acknowledged) the said parties of the first part, have granted, bargained, 3old, released, conveyed and assigned, and by these presents do grant, bargain, sell, release, convey, and assign unto the s?iid part of the third part, heirs, executors, administrators, and assigns, (according to the respective natures thereof,) All and singular the lands, tenements, and premises comprised, and more particularly mentioned and specified in the Schedule hereto annexed, marked A ; and also all and singular the stock-in-trade, house- hold goods, furniture, and other eflfects, now being in, upon, and about the shop, dwelling-house, and premises of the said part of the first part, at And set out and particularized in the Schedule hereto annexed, marked B. And all book-debts, accounts, credits, judgments, bonds, bills, notes, and securities CONVEVANCEU. do for money ; and all other the real and personal estate and effects now belonging, due, or owing to the said parties of the first part ; and all reversions, remainders, yearly and other rents, issues, and profits thereof; and all the right, title, interest, trust, possession, property, claim, and demand whatsoever at law and in equity of the said parties of the first part of, in, to, out of, or upon the said lands, goods, effects, and property respec- tively; together with all deeds, books, writings, bills, notes and receipts, papers and vouchers touching the same, or any part thereof. To HAVE, hold, receive, take and enjoy the said lands, goods, chattels, monies, credits, bonds, bills, securities for money, and all and singular other the premises here- inbefore assigned, or intended so to be, (according to the respective natures thereof,) unto the said part of the third part, heirs, executors, administrators, and assigns, absolutely forever; subject nevertheless, to the charges and incumbrances, if any, now existing there- upon or affecting the same ; upon the trusts, neverthe- less, and to and for the intents and purposes hereinafter declared and expressed, of and concerning the same. And the said part of the firat part hereby nominate and appoint the said part of the third part trustee as aforesaid executors or administrators true and lawful attorneys and attorney in names or otherwise to do, perform, and execute, take, and prosecute all such acts, matters and things, suits, actions and proceedings both at law and in equity, as the said attorney or attorneys shall think fit, or in their judgment deem expedient, for the purposes of the trusts hereinafter declared, and in and about the execution thereof, the Bfiid part of the first part hereby ratifying and con- ;« I Universi?^ SlBLfOTHrCA Pn 100 TIlK CASADlAM Un I firming, and agreeing to ratify and confirm all and whatsoever the siiid attorney or attorneys shall lawfully do or cause to be done in and about the premises by virtue hereof. And it is hereby further agreed and declared, that the said Trustee executors or administrators, shall and do forthwith, as soon as conveniently maybe, receive, collect, and get in all credits and sums of money due and owing to the said part of the first part ; and also sell and convert into money all such and so much of the said estate and effects as shall not be necessary to be kept unsold, for the purpose of enabling,, the s.'iid trustee executors or administrators, to carry on the said trade or business, in winding it up to the best advantage. And upon further trust, after collecting the said debts and disposing of the said goods and chattels, to sell the said lands, tenements, and hereditaments hereby assigned and conveyed, as to the said trustee execu- tors or administrators, in discretion shall seem best, and either together or in parcels, and either by public auction or private contract, and on such terms and in such manner as shall think best. And the said trustee executors or administrators hereby empowered to use and employ the said part of the first part (if shall deem it advisable or necessary) in winding up the said trade or business, and in the execution of the trusts hereof, and to pay a salary therefor, and to hire and employ servants, clerks, and workmen in and about the said trade or business, and to pay them wages, salaries, or hire therefor. . ' ;, - CONVEY A NCEK. 101 And it is hereby af^reed and declared, that the said trustee executors or administrators, shall and do stand and be possessed of all moneys to arise by the sale of, and to be produced from all and singular the estate, property, debts, securities and eifects hereby assigned, or intended so to be, after paying the expenses incident thereto, and to the execution of these presents, and of the trusts hereby created ; and also do and shall stand possessed of all other moneys by these presents or other- wise declared, subject to the trusts of this Indenture, upon and for the trusts, intents, and purposes following, that is to say : In trust, in the first place, to pay all charges and ex- penses incident to the execution of these presents, and in and about the conducting and carrying into eflFect the trusts thereof And in the next place, to pay salaries, allowances^ wages, and hire hereinbefore authorized, and all advan- ces in goods, monies, or otherwise, if any, which may be made by the said trustee executors, or administra- tors, in and for the said trade or business, in conducting the same in the winding up thereof to the best advan- tage, which the said part of the third part here- by empowered and authorised to make. And in the next place, to retain a reasonable compen- sation based upon the care, diligence and trouble required and bestowed in and about the due and proper execution of the trusts of these presents, as and for a remuneration for loss of time, care, diligence^ and attendance about the execution of the said trusts. And in the next place, to pay and divide the then residue of the said partnership estate And also, the surplus of the separate interests of each of them, the 102 THK CANADIAN J ! saiu parties of the first part respectively unto and aujuni^ all and every, the creditors of the said partnership firm according to the amount of their respective eluiins ratably and share and share alike and ^^itliout any preference or priority whatsoever. And lastly, to pay over and divide the surplus, if any, that there may be over and above the payment in full of all the said partnership debts unto and amongst the separate creditors of the said parties of the first part respectively according to the separate interests of each of them the said parties of the first part in such surplus of the said partnership estate, and subject thereto to the said parties of the first part their heirs, executors, administrators, or assigns. Provided always, and it is hereby further declared and agreed, that the said creditors do agree to accept these presents in full satisfaction of their respective claims and demands upon and against the said part of the first part; and do hereby respectively release and acquit them forever of and from the same, and every part thereof, and of and from all actions, suits, claims, and demands in respect thereof. Provided also that the said trustee shall only be answerable or chargeable for own wilful neglect or default, and that nothing herein contained shall be construed to make responsible other than as such trustee for the payment of the debts and liabilities of the said part of the first part, and to the extent of the said trust estate and premises respectively. And the said part of the first part hereby cove- nant with the said part of the third part, for the further assurance of the said lands and premises hereby intended to be conveyed and assigned. CONVEYANCEK. 108 And the said part of the second part, tlio wi of tlie said with tho privity and consent of said husband in cotjsidcration of tlio sum of five shilliii,[^s to paid by the said part of the tliird part, the receipt whereof is hereby acknowledged, do by these presents, remise, release, and quit claim unto tho said part of the third part, heirs and assii^ns, forever, all dower, and all right and title there, to, of, in, to, or out of tho land and premises hereby conveyed, or intended so to be, and every part thereof. In witness whereof the said parties to these pre- sents have hereunto set their hands and seal, he day and year above written. Signed, sealed, &c. Tho schedule above reftrred to marked A. ?'• TLc . Jiedule above referred to marked f >. ASSIGNMENT TOR BENEFIT OF CREPITOIIS. {Where Personal Edaie only.) ^% TiiLs Indenture made tho day of , A.D. 18 , Between of the first part of the second part, and the several persons whoso names and seals are hereunto set and affixed, being respectively creditors of the said part of the first part, of the third part. Whereas, the said part of the first part ha been and still carrying on business on own account in the said as a And whereas, the said part of the first part, in the course of the said business, ha contracted debts to a large amount, which the said part of the first part unable to pay in full, and he ha in consequence agreed 104 THE CANADIAN to assign all estate, of whatever nature or kind soever, unto the said part of the second part, upon the trusts and to and for the purposes hereinafter men- tioned. Now THIS Indenture avitnesseth, that the said part of the first part, in consideration of the |:remises and of the sum of Five Shillings to him in hand paid by the said part of the second part, the receipt whereof is hereby acknowledged, according to interest, as fully and eflfectually as can by these presents, Do hereby bargain, sell, assign, transfer, and set over unto the part of the second part, and the survivor of them, and the executors, administrators and assigns of such survivor. All and singular goods and chattels, stock in trade, fixtures, book debts, notes, accounts, and books of account, and all other personal estate and effects whatsoever. To HAVE AND TO HOLD, all and singular, the said goods and chattels, stock in trade, fixtures, book debts, notes, accounts, and books of account, unto the said part of the second part, and the survivor of them, and the heirs, executors, administrators and assigns of such survivor to and for the several uses, trusts, intents and purposes following, that is to say : In trust to sell and dispose of such portion of the said estate as shall be readily saleable, either for cash or credit, or under the powers hereinafter contained in that behalf, to carry on the said business, and also to collect, with all convenient speed, the outstanding debts and accounts, and to stand possessed of the said moneys and trust estate, and all profits and increase arising therefrom, in the first place to pay and discharge all costs and charges attending the preparing and executing these presents, and carrying ! '( CONVEYANCEU. 105 the same, and the trusts hereby created into effect, and then in trust to pay the balance of the said trust moneys and estate unto the said parties of the third part, res- pectively, creditors of the said part of the first part, the amount of their several debts and claim, pari passu, and without preference and priority, and the surplus, if any, to pay over to the said part of the first part. And the better to carry these presents into efi"ect, the said part of the first part, do hereby make and irre- vocably appoint the said part of the second part, and the survivor of them, their and each of their executors and administrators, to be the true and lawful attorneys and attorney, for him and in his name, to ask, demand, sue for, recover and receive all moneys due and owing to him, and to give all necessary receipts and discharges therefor, and generally to act for him, as fully and effectually, and with as full and ample powers as he could himself do in all matters relating to, <5r in any way connected with the said trust estate and premises. And it is hereby declared, expressed and agreed, that it shall and may be lawful for the said parties of the second part and the survivor of them, if they shall think it expedient to employ the said part of the first part, or any other person, in winding up the affairs of the said trust estate in collecting and getting in his estate and effects hereby assigned, and in carrying on his said trade, and to allow to the said parties so employed, out of the said trust estate, such sum and sums as the said parties of the .second part shall deem proper, and that nothing herein contained shall be construed in any way, to make the said parties of the second part, or either of them, or any person or persons executing these pre- seDi;s, liable as partners, either of the said parties of the ?! ;'!^^ 106 THE CANADIAN i fli M : first or second parts, or of each other ; And further, that they the said parties of the second part, shall not, nor shall either of them, be liable for any more moneys than they shall actually receive by virtue hereof, nor for any loss or damage that may happen to the said estate, unless caused by their wilful default or neglect ; and the said parties of the third part, in consideration of the premises and of the sum of Five Shillings, to each of them paid, have severally, and not the one for the other, remised, released, and for ever discharged, and by these presents do hereby severally remise, release and dis- charge the said part of the first part, of, from, and against all debts, dues, claims and demands, actions, suits, damages, and causes and rights of action, which they now have, or may hereafter have, against the said part of the first part, for or by reason of any njatter or thing, from the beginning of the world up to the date hereof. ♦ In Witness, &c. Signed, sealed and delivered in presence of ASSIGNMENT. {Under Insolvent Act, 27 (& 28 Vic. cap. 17.) This Assignment, made between of the first part, and of the second part Witnesses, That under the provisions of " The Insolvent Act of 18G4," the said party of the first part, being insolvent, has voluntarily assigned and hereby does voluntarily assign to the said party of the second part, accepting thereof as assignee under the said Act; and for the purpose therein provided, all his estate and CONVEYANCER. 107 eifect?, real and personal, of every nature and kind whatsoever. To have and to hold to the party of the second part, as assignee, for the purposes and under the Act afore- said. And a duplicate of the list of creditors exhibited at the first meeting of his creditors by the said party of the first part is hereto annexed. In Witness, &c. Signed, sealed and delivered in presence of a GENERAL FORM OF ASSIGNMENT. Know all Men by these Presents, that I, the within-named A. B., in consideration of five dollars to me paid by C. D., have assigned to the said G. D. and his assigns, all my interest in the within-written instru- ment, and every clause, article, or thing therein con- tained ; and I do hereby constitute the said C. D. my attorney, in my name, but to his own use, to take all legal measures which may be proper for the complete recovery and enjoyment of the assigned premises, with power of substitution. Witness my hand and seal, this, &c. ASSIGNMENT OF PARTNERSHIP PROPERTY IN TRUST TO CLOSE CONCERN, &c. Whereas, a co-partnership has heretofore existed between J. S. and A. B., both of the of which co-partnership has been known under the name of S. & B., and which it ia the intention of the said co-partners forthwith to dissolve and determine ; I ^ 108 THE CANADIAN I i Now THIS Indenture of two parts, made this day of in the year by and between the said J. S., of the one part, and the said A. B., of the other part, witnesseth, First. That the co-partncrsliip aforesaid is hereby by the mutual consent of the said parties, dissolved and determined. Second. The said J. S. doth hereby sell, transfer, assign, and set over unto the said A. 15., his moiety of all the stock in trade, goods, merchandize, effects and property of every description belonging to or owned by the said copartnership, wherever the same may be, together with all debts, choses in action, and sums of money due and owing to the said tirm from any and all persons whomsoever, to hold the same to the said A. B. and his assigns forever, in trust for the following pur- poses, namely : that the said A. B. shall sell and dispos® of all the goods, property, and eflFects belonging to the said firm, at such time and in such manner as he may think prudent; and shall with reasonable diligence, collect all the debts and sums of money due and owing to the said firm ; and shall; out of the proceeds of the said sales, and with the money thus collected, pay and discharge all the debts and sums of money now due and owing from the said firm, as far as the proceeds of said sales and the sums of money collected will go ; and, after fully satisfying all demands against the said firm, if there be any surplus, shall pay over one moiety thereof to the said J. S. or his assigns. Third. The said J. S. doth hereby constitute and appoint the said A. B. his attorney irrevocable, in his the said A. B.'s own name, or in the name of the said firm, to demand, collect, sue for and receive any and all CONVEYANCER. 109 debts and sums of money due and owing to tho said firm ; to institute and prosecute any suits for the recovery of the said debts, or to compound the same as he may judge most expedient; to defend any and all suits against the said firm ; to execute all such paper writings and acquittances as may be necessary; and generally to do all such acts and things as may be neces- sary or proper for the full and complete settlement of all business and concerns of the said copartnership. Fourth. The said A. B., for himself and his heirs, executors, and administrators, hereby covenants to and with the said J. S. and his assigns, that he will sell and dispose of all the partnership property and efifects to tho best advantage ; that he will use his best diligence and endeavors to collect all debts and sums of money due and owing to the said firm; and that he will truly and faithfully apply the proceeds of said sale, and the moneys collected, to the payment, discharge, and satisfaction of all debts and demands against the said firm, as far as the same will go ; and, after discharging all such debts, will pay over to the said J. S. or his assigns one moiety of any surplus that may remain ; and further, that he will keep full and accurate accounts of all moneys received by him for goods sold, or debts collected, as well as of moneys paid out, and will render a just, true and full account therefor to the said J. S. or his assigns. Fifth. The said J. S., for himself, &c., covenants to and with the said A. B., &o., that, upon settlement of accounts, if it shall be found that the debts due and owing from the said firm exceed the amount of moneys received from the sales of the said goods and the debts collected, he will pay unto tho said A. 13. or his assigns, 10 110 THE CANAD1A}< i I one moiety of any balance that may then be due and owing from the said firm. ^ In witness, &c. ASSIGNMENT OF PARTNERSHIP PROPERTY AND DEBTS BY ONE PARTNER TO ANOTHER. This Indenture, of two parts, made and concluded this day of A. D. 18 by and between W. 8. P. of of the first part, and J. B. P., of of the second part, witnesseth. That whereas the said parties were lately copart- ners in the business of which partnership was dis-* solved and determined on the day of last; and whereas many debts, due and owing to the said parties on account of their said copartnership, are still outstand- ing, and debts due by the said firm are yet unpaid ; and whereas it is agreed that the said party of the second part shall assign and release to the said party of the first part all his interest in the stock in trade, goods and efiects belonging to the said firm, and in the debts now owing to the said firm, and that the said party of the first part shall assume all the debts and liabilities of the said firm, and shall discharge and indemnify the said party of the second part from all liabilities and losses arising from the said partnership. Now, therefore, in pursuance of the said agreement, and in consideration of the sum of paid and secured to the said J. B. P., he the said J. B. P. doth hereby fully and absolutely sell, assign, release and make over to the said W. S. P. all his right, title, interest, and share, in and to all the stock in trade, goods, merchan- dize, machinery, tools, books, leasehold premises, and m CONVEVAXCEk. Ill effects belonging to the said partnership, of whatever kind or nature, and wheresoever situated ; also, all his right, title, and interest in and to all the debts and sums of money now due and owing to the said firm, whether the same be by bond, bill, note or account, or otherwise ; and the said J. B. P. doth hereby make and appoint the said W. S. P., his executors, administrators and assigns, to be his attorney and attorneys, to receive all and several the debts and sums of money above mentioned, to his and their own use and benefit ; jTnd doth hereby authorize the said V/. S. P., his executors, &c., to demand, collect, and sue for the said debts and sums of money, and to use his, the said J. B. P.'s name in any way or manner that the collection, recovery, and realiz- ation of the said debts and demands may render neces- sary, as well in court as out of court, but at their own proper costs and charges, and without cost or damage to the said J. B. P. And the said J. B. P. doth hereby further authorize the said W. S. P. to convey and trans- fer to his own name, and for his own use and bcnefitj any and all sums of money and effects, real and personal estate, which may be taken or received in the name of the said firm, and to hold the same free from all claims by the said J. B. P., his executors, administrators, or assigns. And these Presents further witness, that, in pursuance of the said agreement, the said W. S. P., for himself, his executors, and administrators, doth hereby covenant to and with the said J. B. P., his executors and admini- strators, that he, the said W. S. P., and his, &c., shall pay and discharge, and at all times hereafter save harm- less and indemnify, the said J. B. P., his &c., from and against all and every the debts, duties and liabilities, lis THE CANADIAN .11 ! ''ill which, at the dissolution and determination of the said partnership, were due and owing by the said firm to any person or persons, for any matter or thing touching the said partnership, and of and from all actions, suits, costs, expenses, and damages, for or concerning the said debte, duties, and liabilities, unless the said J. B. P. shall have contracted any debts or incurred any liablities in the name and on account of the said firm, which are unknown to the said W. S. P., and do not appear in the books of the said i5rm ; for which, if any such exist, the said W. S. P. does not hereby intend to make himself responsible. In Witness, &c. ASSIGNMENT OF A DEBT, WITH POWER OF ATTORNEY, &c. Know all men by these Presents, that in con- sideration of the sum of dollars, paid to by of in the county of (the receipt of which is hereby acknowledged, j do hereby sell, assign, and transfer unto the said all claims and demands against of for debts due to the said and all actions against said now pending in favour, and all causes of action whatsoever against him. And the said do hereby nominate and appoint the said his executors and administrators, attor- ney or attorneys irrevocable ; and do give him and them full power and authority to institute any suit or suits against said and to prosecute the same, and any suit or suits which are now pending for any cause or causes of action, in favor of said against said to final judgment and execution ; and any executions for the CONVEYANCER, 118 cause or causes aforesaid, to cause to be satisfied by levying the same on any real or personal estate of the said and the proceeds thereof to take and apply to his or their own use ; and in case of levying said exe- cutions on any real estate, the said hereby empower the said hiq executors and administrators, to sell, and execute deeds to convey the same, for such price or consideration, and to such person or persons, and on such terms, as he or they shall deom expedient ; or, if he or they prefer it, to execute any conveyances that may be necessary to vest the title thereof in him or them, as his or their own property ; but it is hereby expressly stipulated that all such acts and proceedings are to be at the proper costs and charges of the said his executors and administrators without expense to the said And the said do further empower the said his executors and administrators, to appoint such sub- stitute or substitutes as he or they shall see fit, to carry into effect the objects and purposes of this authority, or any of them, and the same to revoke from time to time at his or their pleasure ; the said hereby rati- fying and confirming all the lawful acts of the said his, &c., in pursuance of the foregoing authority. In testimony, &c., this day of A. D. 18 Signed, Sealed, &c. ASSIGNMENT OF A POLICY OF INSURANCE BY ENDORSEMENT. Know all men by these Presents, that I, the within named A. B., for and in consideration cf the sum of ,. to mo paid b^ C. D., of, &c., (the receipt whereof Twr^ lili : limiii VmW 'ii:: iilli 114 THE CANADIAN is hereby acknowledged) have granted, sold, assigned, transferred, and set over, and by these presents I do absolutely grant, sell, assign, transfer, and set over to him, the said C. D., all my right, property, interest, claim, and demand in and to the within policy of insur- ance, which have already arisen, or which may hereafter arise thereon, with full power to use my name so far as may be necessary to enable him fully to avail himself of the interest herein assigned, or hereby intended to be assigned. The conveyance herein made, and the powers hereby given, are for myself and my legal representatives to said C. D. and his legal representatives. In testimony, &c. AUCTION AGREEMENT BY AUCTIONEER. I HEREBY acknowledge that A. B. has been this day declared by me the highest bidder, and purchaser of (describe the land) at the sum of dollars, (or at the sum of dollars cents per acre, or foot,) and that he has paid into my hands the sum of as a deposit and in part payment of the purchase money; and I hereby agree, that the vendor, C. D., shall in all respects fulfil the conditions of sale hereto annexed. Witness my hand, at on the day of A. D. 18 AUCTION AGREEMENT BY PURCHASER. I hereby acknowledge, that I have this day purchased at public action all that (describe the land) for the sum of dollars, (or, for the price of dollars cents per acre, or per foot,) and have paid into the hands of CONVEYANCER. 115 J. S., the auctioneer, the sum of as a deposit, aud ia part payment of the said purchase money ; and I hereby agree to pay the remaining sum of unto C. D. the vendor, at on or before the day of and in all other respects on my part to fulGl the annexed conditions of sale. ^ Witness my hand, this day of A. D. 18 AWARD BY AN UiMPIRE. To ALL TO WHOM THESE PRESENTS SHALL COME, J. P., of yeoman, sends greeting: Whereas, P. Q., of of the one part, and A. B. and C. D. of of the other part, have mutually entered into, and reciprocally executed bonds or obligations to each other, bearing date the day of respectively, conditioned, that the said parties should in all things well and truly stand to, abide, observe, perform, fulfil, and keep the award final end and determination of R. S. of and B. W. of arbitrators, indifferently chosen by the said par- ties, of and concerning all and all manner of action and actions, cause and causes of action, suits, bills, bonds, &c. {reciting the condition of the bond) ; And whereas, the said R. S. and B. W. met upon the said arbitration, and did not make their award between the said parties by the time limited in and by the conditions of the said bonds and in pursuance of the said bonds, have chosen and appointed me as umpire, to settle and determine the matters in difference; Now know ye, that I, the said J. P. the umpire, named and chosen as aforesaid, having taken upon me the burthen of the said arbitration, and having heard and examined the said parties, and their I'' IIG TOK CANADIAN Hi respective witnesses, proofs and allegations on both sides of and concerning the said disputes and differences between them, and fully considered the same, and the matters to me referred, do make this my award and umpirage, in manner following, that is to say, [I do award and order, that the said P. Q. his executors or administrators, do and shall, on the day of b(^ tween the hours of and in the forenoon, at the house, known, &c.] pay, or cause to be paid unto the said A. B. and C. D. the sum of in full, for their damages and costs in a certain action, lately commenced by them, against the said P. Q. and also, for the costs of and occasioned by the said reference ; and upon pay- ment of the said sum of I do award and direct, that the said parties shall duly execute and deliver to each other, mutual releases in writing, of all and every action and actions, cause and causes of action, damages, claims, and demands whatsoever, subsisting or depending, on or before the said day of last. In Witness, &c Sealed, and delivered in presence of AWARD BY REFEREES. {Short Form.) We, the undersigned, referees appointed by the within rule of court (or by the within agreement of submission) having notified and met the parties, and heard their several allegations, proofs, and arguments, and duly considered the same, do award and determine that the within named A. B. shall recover of the within-named C. D. the sum of together with the costs of suit, to be taxed by the court, and the costs of this reference, I \ CONVEYANCrR. 117 wliich last amount to the sum of and that the same shall be in full of all matters within referred to us. AWARD BY AUIUTIIATORS. To ALL TO WHOM THESE PRESENTS SHALL COME, A. A. of C. C, of and D. D., of send greeting : Whereas divers suits, disputes, controversies, and differences, have happened and arisen, and are now depending, between E. E., of and F. F., of for pacifying, composing and ending whereof, the said E.E. and F. F. have bound themselves each to the other, in the penal sum of by several bonds or obligations, bearing (. te la^t past, before the date hereof, with conditions thereunder, to stand to, obey, abide, perform and keep the award, order, abitramcnt, final end and deter- mination of the said A. A., C. C.,and D. D., arbitrators indiflFerently named, elected and chosen, as well on the part and behalf of the said E. E. as of the said F. F., to arbitrate, award, adjudge and determine, of and concern'.ng all, and all manner of action and actions, cause and causes of actions, suits, bills, bonds, judg- ments, executions, quarrels, controversies, trespasses, damages, and demands, whatsoever, at any time or times theretofore had, made, commenced, sued, prosecuted, or depending, by or between the said parties, or either of them, so as the said award should be made in writing, under the hands and seals of the said arbitrators, or any two of them, ready to be delivered unto the said parties, or such of them as should require the same, on or be- fore the day of instant, as by the said obligations and conditions thereof it doth and may appear ; Now know ye, that the said A. A., C. C, and D. D., taking i i 118 THE CANADIAN upon them the charge and burden of the said award, aud having deliberately heard the allegations and proofs of both the said parties, do, by these presents, arbitrate, award, order, decree, and adjudge, of and concerning the premises, in manner and form following; that is to say, First, they do award, decree, and adjudge, that the said F. F., or his heirs, shall and do, on or before the day of next ensuing the date hereof, make and execute a good and sufficient conveyance of his interest, &c., of and in all those parcels or tracts of land, &o. And, also, the said arbitrators do farther award, decree, and adjudge that the said F. F., his executors or administrators, shall and do, on or before the day of next ensuing the date hereof, pay, or cause to be paid, unto the said E. E., his executors, or administra- tors, at, or in the now dwelling-house of the said E. E., in aforesaid, the sum of dollars, in full payment, discharge and satisfaction, of and for all moneys, debts, and duties, due or owing unto the said E. E., by the said F. F., upon any account whatsoever, at any time before their entering into the said bonds of arbitration, as aforesaid. And, also, the said arbitrators do hereby further award, order, jdecree, and adjudge, that all actions and suits commenced, brought, or depending between the Haid E, E. and F. F., for any matter, cause, or thing whatsoever, arising or happening at the time of, or before th^r entering into the said bonds of arbitratioi , shall, from henceforth, cease and deteriuino, and be no further prosecuted or proceeded in by them, or either of them, or by their, or either of their means, consent, or j)ro- curement. • •■' CONVEYANCER. 110 And lastly, the said arbitrators do hereby further award, order, adjudge, and decree, that the said E. E. and F. F., shall and do, within the space of two days next ensuing the date of this present award, seal and execute unto each other, mutual and general releases of all actions, cause and causes of actions, suits, contro- versies, trespasses, debts, duties, damages, accounts, reckonings, and demands whatsoever, for or by reason of any matter, cause, or thing whatsoever, from the beginning of the world to the day of the date of the said bonds of arbitration, as aforesaid. In testimony, &c. AWARD WHERE THE SUBMISSION WAS BY AGREEMENT, AND STATING AN ASSENT FOR AN ENLARGEMENT. To all to whom these presents shall come, wo, A. A. and T. A., of send greeting: Whereas on by a certain agreement' in writing under the hands [and seals] of A. B., of and C. D., -of bearing date on or about the day of last, reciting that &c., (here set out the recital and such parts of the agreement as bear vpon the award.) And whereas by an endorse- ment on the said agreement, bearing date on or about the day cf la&t past, and under the hands of all the said p '.rties to the said agreement, they the said parties mutually and reciprocally consented and agreed that the time for the said arbitrators making the said award should be enlarged to the day of then next, and that they would in all other respects abide by the terms of the said agreement. Now know ye that we the said arbitrators having taken upon us the burthen tmiM 1^^ m ^iii 120 THE CANADIAN of the said roference^and having examined all such witnesses as were produced before us by the said parties respectively, and having fully weighed and considered the allegations, proofs, and vouchers made and produced before us, do award [&c.] In Witness, &c. Witness, AFFIDAVIT OF EXECUTION OF AWARD. County of "i I, Y. Z., of, &c., make oath and To wit : j say : ' 1. That I waa present and did see the annexed award duly signed, sealed, and delivered by the therein-named and that I am the subscribing witness to the execution of the said award. Sworn before me, at in the county of this day of 18 A Commissioner, tj-c, in B. R. for the County of If the affidavit is intended for use in a court of law, it must be entitled in the court. BILLS OF EXCHANGE AND PROMISSORY NOTES. No foreign bills of exchange. ]3ank of British North America, ; {Fncorporalcd by Royal Charter) Toronto Branch, 1st January, 18G8. For £100 Sterling. Three days after sight pay this first of exchange CONVEYANCER. 121 one (sccoud and third not paid) to the order of hundred pounds sterling, value received. Manager. Entered Accountant. To the Court of Directors of the Bank of British North America. London. Bank of British North America, {Incorporated by Royal Charter.) No. — Toronto Branch, 1st January, 18G8. For £100 Sterling. Three days after sight pay this second of ex- change (first and third not paid) to the order of one hundred nounds sterlinG;, value received. Manager. Entered Accountant. To the Court of Directors of the Bank of British North America^ London. Bank of British Nor^ih America, [Incorporated by Royal Charter) No — Toronto Branch, 1st January, 1868. For £100 Sterling. » - Three days after sight pay this third of exchange (first and second not paid) to the order of one hundred pounds sterling, value received. , Manager. Entered Accountant. To the Court of Directors of the Bank of British North America, London. . • i I 122 tilE CANADiAjJ No. INLAND BILL OF EXCHANOE. Toronto, Ist January, 18G8. 3100. Three months after date pay to or order the sum of one hundred dollars for value received. (Signed) A. B. To C. D. Eudoned. Accepted payable at the l^ank of C. D. I'ROMISSOllY NOTK. $100. Toronto, 1st January, 18G8. Three months after date I [or we jointly and severally] promise to pay to or order at the Bank of Toronto, the vsum of one hundred dollars value received. (Signed) p f A. B. BILL OF SALE. This Indenture, made the day of A. D. 18 Between of the first part ; and of the secoii(i part. Whereas the said part of the first part is possessed of the hereinafter set forth and enumerated, and hath contracted with the said part of the second part for the sale to of the same, at the sum of Now THIS Indenture witnessetii, that in pursuance of the said agreement, and in consideration of the sum of of lawful money of Canada, paid by the said part of the second part to the said part of the first part, at or before the sealing and delivery of these Presents, (the receipt whereof is hereby acknowledged) '.jd&ju«r CONVEYANCER. 123 D. ;ed) the said part of the first part ha bargained, sold, assigned, transferred and set over, and by these Pre- sents do bargain, sell, assign, transfer and set over unto the said part of the second part, executors, administrators and assigns, all those the said And all the right, title, interest, property, claim, and demand whatsoever, both at law and in equity, or other* wise howsoever, of the said part of the first part, of, in, to, and out of the same, and every part thereof. To HAVE AND TO HOLD the Said hereinbefore assigned goods and chattels, and every part thereof, with the appurtenances, and all the right, title, and interest of the said part of the first part, therein as aforesaid, unto and to the use of the said part of the second part, executors, administrators, and assigns, to and for sole and only use for ever. And the said part of the first part do hereby, for heirs, executors, and administrators, covenant, promise and agree with the said part of the second part, executors, and administrators, in manner fol- lowing, that is to say : That the said part of the first part now rightfully and absolutely possessed of, and entitled to, the said hereby assigned goods and ohattels, and every part thereof, and that the said part of the first part now ha in good right to assign the same unto the said part of the second part, executors, adminis- trators, and assigns, in manner aforesaid, and according to the true intent and meaning of these presents ; and that the said part hereto of the second part exe- cutors, administrators, and assigns, shall and may, from time to time, and at all times hereafter, peaceably and quietly have, hold, possess, and enjoy the said hereby i: tl M 124 THE CANADIAN assigned goods and chattels, and every part thereof to and for own use and benefit, without any manner of hindrance, interruption, molestation, claim, or demand whatsoever, of, from, or by the said part of the first part, or any person or persons whomsoever ; and that free and clear, and freely and absolutely released and discharged, or otherwise, at the costs of the said part of the first part, efiectually indemnified from and against all former and other bargains, sales, gifts, grants, titles, charges and incumbrances whatsoever ; and, moreover, that the said part of the first part, and all persons rightfully claiming, or to claim, any estate, right, title, or interest, of, in, or to the said hereby assigned goods, and chattels, or any part thereof, shall and will from time to time, and at all times hereafter, upon every reasonable request of the said part of the second part, executors, administrators, or assigns, but at the costs and charges of the said part of the second part, make, do, and execute, or cause and pro- cure to be made, done and executed, all such further acts, deeds, and assurances for the more eflfectually assigning and assuring the said hereby assigned goods and chattels, uoto the said part of the second part, executors, administrators, and assigns, in manner aforesaid, and according to the true intent an'd meaning of these presents, as by the part of the second part, executors, administrators, or assigns or counsel, shall be reasonably advised and required. In witness whereof, the said parties to these presents have hereunto set their hands and sejils the day and year first above written. Signed, Sealed, &c. CONVEYANCER. 125 AFFIDAVIT OF MORTGAGEE. Canada. ^ I, in the within Bill Count of C of Sale named, make oath and To wit : ) say that the sale thereby made is bona fide, and for good consideration, namely : and not for the purpose of holding, or enabling me, this deponent, to hold the goods and chattels mentioned therein against the creditorsof the said bargainor. Sworn before me, at this day of A.D. 186 lay I A Commissioner in B. R. in and for AFFIDAVIT OF WITNESS. 1 Canada : 'J I. Count of TO WIT: make oath and say, that I was personally present and did see the annexed Bill of Sale duly signed sealed and delivered by the parties thereto, and that I this deponent am a subscribing witness to the same ; and that the name set and subscribed as a witness to the execution thereof, is of the proper hand-writing of me this deponent; and that the same was executed at Sworn before me, at this day of A.D. 186 1 A Commissioner for taking Affidavits in the Queen^s Bench, in and for the 11 1- 1 f. i :im!Kmmm!m 126 TUE CANADIAN BILL OF SALE. ID {Another Form.) This Lndenture made the day of A.D. 18 , Between of the one part and of the other part. WilEi^iSAS the said ha contracted and agreed with the said for the absolute sale to h jof the mentioned and described in the Sche- dule hereto at or for the price or sum of Now THIS Indenture witnesseth that in pursu- ance of the said agreement and in consideration of the said sum of of lawful money of Canada, by the said to the said well and truly paid, at or before the sealing and delivery of these presents, (the receipt of which said sura h the said do hereby admit and acknowledge, and of and from the same and every part thereof, do hereby, acquit, release, and for ever discharge the said h execu- tors, administrators, and assigns,) the said Ha bargained and sold, and by these presents, do bargain and sell unto the said h execu- tors, administrators, and assigns, all mentioned and described in the said schedule, together with all advan- tages, privileges, and emoluments to arise therefrom or thereunto in any wise appertaining : To have, hold, receive, and take the said and all and singular, other the premises hereby bargained and sold, or intend- ed so to be with their appurtenances unto the said h executors, administrators, and assigns for h and their absolute use and benefit. And the said do hereby for h heirs, executors, and adminis- trators covenant, promise, and agree, with and to the said h executors, administrators, and assigns, CONVliVANCEK. 127 that it shall bo lawful for the said h executors, administrators, and assigns, at all times hereafter, to have, hold, use, occupy, possess, and enjoy the said hereby assigned, or intended so to be, without any let, suit, hindrance, disturbance, claim, or demand whatsoever, of from, or by any person or persons whom- soever. In witness whereof the said parties to these presents have hereunto set their hands and seals the day and year first within written. Signed, Sealed, &c. The Schedule to which the foregoing Indenture refers. Be it Remembered, that on the day of in the year first within written, a delivery was made by the within mentioned to the within mentioned of the within mentioned, or referred to, a being delivered to the said in the name of the whole, in the presence of Witness of in the of [The ttvo affidavits the same as in the last Form.'] -♦-r- BILL OF SALE OF VESSEL. Know all men by these presents, that of in the County of Owner of the or ves- sel called the of the burden of or thereabouts, now lying at the Port of for and in consideration of the sum of of lawful money of Canada, to paid by of in the County of the receipt whereof do hereby acknowledge, have bargained, sold, and assigned, and by these presents do bar- gain, sell and assign uato executors, adminis- trators and assigns. \ i I 128 THE CANADIAN All and Singular, the Hull or Body of the said or Vessel called " The " now Ijing at the said port of together with the masts, yards, bowsprit, sparSj standins; and running rigging and gear, boats, anchors, chains, cables, blocks, and all other neces- saries belonging or appertaining to the said or Ves- sel ; which said or Vessel has been duly registered at and the certificate of such registry is as follows : To HAVE AND TO HOLD the said or Vessel, and all other the before mentioned necessaries belonging or appertaining thereto, unto the said executors, administrators and assigns, to and their own use and uses, and as and their own proper goods and chattels from henceforth forever And the said do hereby for execu- tors and administrators, covenant, promise and agree to and with the said executors, administrators and • assigns, in manner following, that is to say : That, at the time of the ensealing and delivery hereof, ha in good right, full power, and lawful authority to grant, bargain, sell, assign and set over the said or Vessel, and all the necessaries belonging or appertaining thereto, unto the said executors, administrators and assigns, in manner and form aforesaid. And that the said or Vessel, and all other the necessaries belonging or appertaining thereto, and every part there- of, now are and so from henceforth forever shall be, re- main and continue unto the said executors, adminis- trators and assigns, free and clear, and freely and clearly acquitted and discharged of and from all former bar- gains, sales, gifts, grants, titles, debts, charges and incumi- brances whatsoever. And further, that the said executors and administrators, shall and will CONVEYANCEK. 129 m to or from time to time, and at all times hereafter, at the request, costs and charges of the said executors, administrators and assigns, make, do and execute, or cause or procure to be made, done and executed, all and every such further and other lawful and reasonable act and acts, deed and deeds, devices, conveyances and assurances in the law whatsoever, for the further, bet- ter and more effectually conveying, assigning and assur- ing the said or Vessel, and all the necessaries belonging or appertaining thereto, or any part thereof, unto the said executors, administrators or assigns, as by them, any or either of them, or by their, any or either of their Counsel in the Law shall be reasonably devised, advised and required. In Witness, &c. Signed, Sealed, &c. Received on the day and year first within written, from the within named the sum of of lawful money of Canada, being the consideration money there- in mentioned. Witness, '> i 1 J AFFIDAVIT OF EXECUTION. } Canada. County of TO WIT : make oath and say that I was personally pre- sent and did see the annexed Bill of Sale duly signed, sealed and delivered by the part thereto ; and that I, this deponent, am a subscribing witness to the same, and that the name set and 130 THE CANADIAN subscribed as a witness to the execution thereof, is of the proper handwriting of me, this deponent j and that the same was executed at Sworn before me, at this day of A.D. 186 A Commissioner for taking AJJidavils in the Queen' e Bench, in and for the BILL OF SAL^ :' ^SSEL. {Another Form.) Know all Men by these Presents, that I, A. B. of, &c., owner of the brig or vessel, called the of the burden of tons, or thereabouts, now lying at the port of for and in consideration of the sum of dollars, lawful money of Canada, to me paid by C. D., of the place aforesaid, the receipt whereof I hereby acknowledge, have bargained and sold, and by these presents do bargain, and sell unto the said C, D., his executors, administrators, and assigns, all the hull or body of said brig, or vessel, together with the masts, bowsprit, sails, boats, anchors, cables, spars, and all other necesisaries thereunto appertaining and belonging : the certificate of the registry of ^ihich said brig, or vessel, is as follows, to wit : [cor j certificate of registry."] To have and to hold the said brig or vessel, and appurten- ances thereunto belonging, unto the said C. D. his exe- cutors, administrators and assigns, to his and their proper use, benefit, and behoof, forever. And I do, for myself, my heirs, executors, and administrators, cove- nant and agree, to and with the said C. D., his execu- adi CONVEYANCKU. 131 tors, administrators, and assipjns, to warrant and defend the said brig, or vessel, and all the before-mentioned appurtenances, against all and every person and persons whomsoever. In Witness, &c. \^Affi,davif, tjc, as in last. Form.] BOND BLANK (WITHOUT CONDITIOX.) Know all Men by these Presents, that held and firmly bound unto in the penal sum of [This amount is called the penal sum, and is usually double the amount of the real debt, to cover interest, costs, and other expenses] of lawful money of Canada, to be paid to the said or to certain attorney, executors, adminis- trators or assigns, for which payment well and truly to be made bind heirs, executors, and ad- ministrators, and every of them, for ever, firmly by these presents, sealed with Seal. Dated this day of A.D. 18 . Sijgned, Sealed, &c. BOND FOR PAYMENT OF MONEY. Know all Men by these Presents, that held and firmly bound unto in the penal sum of of lawful money of Canada, to be paid to the said or to certain attorney, executors, ad- ministrators, or assigns, for which payment, well and truly to be made, bind heirs, executors, and administrators, forever firmly by these presents. 1S2 THE CANADIAN seal. Dated this day of Sealed with A.I). 18 . . The Condition of the above written Bond or obliga- tion is such, that if the above bounden heirs, executors, or administrators, do, and shall well and truly pay, or cause to be paid, unto executors, ad- ministrators, or assigns, the just and full sum of of lawful money of Canada, with interest thereon, at the rate of per cent, per annum, on the daya and times, and in the manner following, that is to say : without any deduction, defalcation, or abatement what- soever, then the said Bond or obligation to be void, otherwise to be and remain in full force and virtue. Signed, Sealed, &c. i n BOND TO CONVEY LAND. Know all Men by these presents, that I, of am held and firmly bound unto of in the penal sum of of lawful money of Canada, to be paid to the said or to certain attorney, executors, administrators or assigns ; for which payment well and truly to be made bind heirs, exe- cutors and administrators, and every of them forever fipmly by these presents. Scaled with seal. Dated this day of A.D. 18 . Whereas, the said ha contracted with the above bounden for the absolute purchase, in fee simple, free from all incumbrances, of the follow- ing parcel or tract of land, hereditaments and premises, that is to say: ,11' 11 .1. 'I I CONVEYANCER. 133 to And whereas the said ha agreed to pay therefor the sum of of lawful money of Canada, ut the time and in manner following, that is to say : Now THE Condition of the above obligation is such that if the said heirs, executors, administrators, or assigns, shall well and truly pay or cause to be paid to the above bounden executors, administratori or assigns, the said sura of at the time and in man- ner aforesaid ; then if the above bottnden heirs and assigns, shall, by good and sufficient deed or deeds of conveyance, [in fee simple, convey and assure, or cause to be conveyed and assured unto the said heirs and assignS) forever, the said premises hereinbe- fore described, free from all incumbrances, then the above obligation to be void ; otherwise to be and remain in full force and virtue. Signed, Scaled, &c. BOND FOR TAYMENT OF PUKOHASG MONEY. Know all men by these Presents, that held and firmly bound unto in the penal sum of of lawful money of Canada, to be paid to the said or to certain attorney, executors, administrators or assigns, for which pay»Tiea' vtili and truly to be made bind heirs, nx^^jutors, and administrators, and every of them, for ever, firmly by these Presents. Sealed with seal Dated this day o ^ A. D. 18 Whereas, the abo.o bounden ho contracted with the said for the absolute purcb.nsc, in fee simple, free from all incumbrance?, of tho fcll'^wing 12 .JStm. IBBiB 134 tHE CAJ^AblA^ 2!:. I parcel or tract of land, hereditaments, and premises, that is to say : And whereas, the above boundcn ha agreed to pay therefor the sum of of lawful money of Canada, at the times and in the manner following, that is to say : And whereas, upon the treaty for the said purchase it was agreed that the above hounden should enter into the above Bond or Obligation for payment of the said purchase money, or the unpaid part thereof, and interest, in manner aforesaid, and be let into possession of the said lands and premises, and receipt of the rents and profits thereof from the day of the date hereof. Now, the condition of the above obligation is such, that if the above bounden heirs, executors, adminis- trators, or assigns, shall well and truly pay, or cause to be paid, to the said executors, admiuistrator.s, oi* assigns, the whole of the said purchase money, anJ interest thereon as aforesaid, at the times and in the manner aforesaid, without making any deduction, defal- cation, or abatement thereout on any account whatsoever, then the above obligation shall bo void, otherwise to be and remain in full force and virtue. Signed, Sealed, &c. BOND OF INDExMNITY. Know all men by these Presents, that held and firmly bound unto in the penal sum of of lawful money of Canada, to be paid to the said or to certain attorney, executors, administrators or assigns, for which payment well and truly to be made bind heirs, executors, and administrators, and tiONVEVANCER. 13b eld of or or Hide and every of them, for ever, firmly by these Presents, scaled with seal, Dated this dny of A.D. 18 The condition of the above written bond or obliga- tion, i.s such, that if the above bounden obligor, hia heirs, executors and administrators, do and shall, from time to time, and at all times hereafter, hold and keep harmless and fully indemnified the said obligee, his heirs, executors, and administrators^ and his and their lands and tenements, goods, chattels, and effects of, from, and against all loss, costs, charges, damages, and expenses which the said obligee, his heirs, executors, or admini- strators may at any time hereafter bear, sustain, be at, or be put i(T, for or by reason, or on account of {here insert the pafticular matter or ihuu/, af note .si;j:nccl by him, and dated day of A.t). 18 , did promise to pay unto or order six months after date, for value received, and such note was afterwards endorsed by the said ' and (itiiors, and became the property of of as the said avcrn ; and whereas the said alleges that he sent the said note by mail, on the day of last to the above-named to bo by him received for the use of said ^Yhich said note, it is apprehended, was stolen out of the mail, [or as the case lif or otherwise lost. And whereas the said he'^^ ''\c day of the date hereof, at the request as well o- i'^o said as ^f the said and upon his, the said promising to indemnify the said and deliver up the said noto to be cancelled when found, paid the said the said sum of in full satisfaction and discharge of the said note, the receipt whereof the said doth hereby acknowledge ; The condition, therefore, of the above-named obligation is such, that if the said his heirs, executors, or administrators, or any of them, do and shall, from time to time, and at all times here- after, save, defend, keep harmless, and indemnify the said his executors and administrators, and the goods, chattels, lands, nnd tenements of the said of, from, and against the said note of and of and from all costs, charges, damages, and expenses, that shall or may happen or arise therefrom, and also deliver or cause to be delivered up the said note, when and so soon as the same shall be found, to be can- celled, then this obligation to be void ; otherwise to be ond remain in full force and virtue. Signed, Sealed, &c. CONVF.VAXrEH, 18? BOND (FOR FIDELITY OF CLKHK.) Know all Men by these Presents, that wc of and of and each of us, our, and oacli of our heirs, executors, and administrators, aro lirinly bound unto of and of their executors, administrators and assi'lmir.'*-t'*atora, six months notice in writr ing of his intention so to do, and shall be free from liability for any event or default happening after the expiration of such notice. Signed, Sealed, &c. BOND FROM LESSEE AND SURETY TO PAY RENT, Know all men by these Presents, that we, C. D., of in the County of and Province of Canada, Carpenter, and E. F. of the same place, Butcher, are held and firmly bound unto A. B., of in the County of and Province of Canada, Esquire, in the penal sum of of lawful money of Canada, to be paid to the said A. 15. or to his certain attorney, executors, administrators or assigns, for which payment well and truly to be made, wc bind ourselves, and each of us by himself, our and each of our heirs, executors and ad- ministrators for ever iirnily by these presents. Sealed with our seals. Dated thi.s day of A. D. 18 CONVEVANCER, 139 Whereas, the above named A. B. by his Indenture of Lease, bearing even date with and executed before the above written obligation, for the consideration in the said lea«je mentioned, hath demised to the above bounden C D. a certain saw mill, situate at, &c. To hold unto the said C. D., his executors, administrators and assigns, for the terra of years, from thence next ensuing, determinable, nevertheless, at the end of the first years of the said term, if the said C. D., his executors, administrators, or assigns, shall give months notice thereof," in manner therein mentioned, at and under the yearly rent of payable quarterly, in manner as therein expressed, as by the said lease will more fully appear. Now the condition of the above-written obligai'on ia such, that if the above bounden C. D. and E.'F., of* either of them, their or either of their heirs, executors or administrators, shall and do, during the continuance of the said recited lease, well and truly pay, or cause to be paid, the said yearly rent or sum of unto hira the said A. B., his heirs or assigns, by four equal quarterly payments, of each, on the several days following, that is to say, the day of the day of the day of and the day of in each and every year during the said demise, or within days next after every of the said days or times of pay- ment, according to the true intent and meaning of the said recited lease, the first quarterly payment to be made on the day of next; then the above-written obligation shall be void and of no ofi'Gct, but if default shall happen to be made of or in any of the said quar- terly payments, then the same shall remain in full force. Signed, Sealed, &c. '^: i MM 140 THE CANADIAN BOND FOR MINOU TO CONVEY WHEN OF AGE. Kn3w all men bv these Presents, that held and firmly bound unto in the penal sum of of lawful money of Canada, to be paid to the said or to certain attorney, executors, administrators or assigns, for which payment, well and truly to be made, bind heirs, executors, and administrators, for ever firmly by these presents. Sealed with seal. Dated this day of A. D. 18 , Whereas of, &e., deceased, by his last will and testament, in writing, dated the day of and duly proved in the Surrogate Court for the County of on the day of A. D. 18 did, among other things, give, devise, and bequeath, all that messuage or tenement situated at described as follows, to wit, which was then in the occupation of to be divided equally between his two sons, and their heirs and assigns; and whereas the above-named obligee, has agreed with the said and for the absolute purchase of the tenement and premises, so devised to them as aforesaid, at and for the sum of but the said not being yet of the age of twenty-one years, cannot join in conveying the same to the said And whereas the said has, at the request of tho above-bound and on his promise and undertaking that the said should, when, and as soon as he shall have attained the age of twenty-one years, at the cost and charge of the said convey and assure to him the said his heirs and assigns, his undivided moiety or half part of the said messuage or tenement and pre- mises, paid into the hands of the said the whole of rONVEVAXCRU. 141 tlie said purchase money j and the said has, by his deed of even date herewith, duly made, sealed, and delivered, conveyed his undivided moiety or half part of said ".lessuage or tenement and premises to the said his heirs and assigns ; Now, the condition of this obligation is such, that if the said do and shall, when and as soon as he shall have attained the age of twenty-one years, at the cost and charge of the said convey and assure unto him the said his heirs and assigns, by such deeds and conveyances as the counsel of the said shall advise, his undivided moiety or half part of and in the said messuage or tenement and premises, devise'd to him and the said as aforesaid, and that without any consideration to be paid to him by the said ; and also if, and in case the said his heirs, executors, and administrators, do and shall, in the mean time, and until the said shall have ex- ecuted such conveyance as aforesaid, save, defend, keep harmless and indemnified the said his heirs, executors, administrators, and assigns, and the said messuage or tenement and premises, so to be conveyed by the said to the said as aforesaid, and the rents, issues, and profits thereof, of and from all claim and demand to be made thereto, by or on behalf of the said j then, &o. ; otherwise, &c. CERTIFICATE OF ACKNO\VLEDGMENT BY MARRIED WOMAN. I, (or we) do hereby certify that on this day of A. D. 18 at the of in the County of the within Deed was duly executed in presence by of the of in the County of AVife of T M2 THE CANADIAN one of the grantors tlicrein named. And that tho said Wiib of" the said at the said time and phice beinp; examined by apart from her husband did appear to give her consent to convoy her estate in the lands mentioned in the said Deed freely and voluntarily and without coercion or fear of coercion on the part of h«r husband or of any other person or persons whatso* ever. • • {- CERTIFICATE UNDER ACT FOR QUIETING TITLES. In Chancery. No.— These are to certify that under tho authority of the " Act for Quieting Titles to Real Estate in Upper Canada" of in the County of Esquire, is the legal and beneficial owner in fee simple in possession of All that parcel or tract of land and premises situate, lying and being being composed of subject to the reservations mentioned in the seventeenth section of the said Act, and therein numbered but free from all other rights, interests, claims and demands whatsoever. In witness whereof, the Honourable the Chan- cellor of the said Court, has hereunto set hi.s hand and the seal of the said Court has been hereunto aiiixtd this day of 18 . Referee of Titles. — -t — CHARTER PARTY. • fi- Tiiis CHARTER PARTY, indented, made, concluded, and agreed upon, the day of A. D. 18 Between CONVKYANCF.H. 1 tr; A. B. of master and owner of tlio ship or vessel ca lied of the burthen of of the one part, and (J. D. of of the other part, witncsselh : Tiu't tlio said A. B., fur the consideration hereinafter mentioned, hath granted and to freight letten, and by these presents doth grant and to freight let, unto the said C. 1)., his executors, administrators, and assigns, the wholo tonnage of the hold, stem, sheets, and half deck of the said ship or vessel, from the port of to the port of in a voyage to be made with the said ship in the manner following (that is to say:) the said A. B. is to sail with the first fair wind and weather that shall happen next after the day of or before the day of next, from the said port of with the goods and mer- chandize of the said C. D., his factors or assigns on board, to aforesaid, there to be delivered and dis- charged of her said cago, within fifteen days next after her arrival to the end of the said voyage : In considera' tion whereof, the said CD., for himself, his heirs, exe- cutors, and administrators, doth covenant, promise, and agree, to and with the said A. 13., bis executors, ad- ministrators, and assigns, and every of them, by these presents, that the said C. D., his executors, administra- tors, factors, or assigns, shall and will well and truly pay, or cause to be paid, unto the said A. B., his execu- tors, administrators, and assigns, for the freight of the said ship or goods, the sum of [or thus, 20 drl'^rs a ton for loading or unloading and taking in gOv. . at and ports,] within one and twenty days after the said ship's arrival, and goods discharged at aforc» said, for the end of the voyage ; and also shall and will pay for demurrage, if any shall be by default of him the said C. D., his factors or assigns, the s\im of twu t-^i 1 ;r II 114 TFIR fWNAniAN dollars a day, daily and every day, as the same shall grow due; and the said A. 15., for himself, his heirs, execu- tors, and administrators, doth covenant, promise, grant, and agree, to and with the said C. D., his executors, administrators, and assigns, and every of them, by these presents, that the said ship or vessel shall be ready at the said port of at wharf, to take in goods, by the said day of next coming; and within ten days after the said ship shall be ready at the said wharf as aforesaid, the said C. D. doth grant, promise, and agree, to have his goods ready and put on board of said fehip, in order th^t she may proceed on her said voyage. And the said A. 15. doth also covenant, promise, grant, and agree, to and with the said C. D , his executors, ad- ministrators, and a.ssigns, that the said ship or vessel now is, and at all times during the said voyage Sihall be at the best endeavour of the said A. B., his executors and administrators, at his and their own proper costs and charges, in all things made and kept stiff, staunch, and strong, and well iurni.shed, and provided as well with men and mariners sufficient and able to sail, guide, and govern the said ship as with all manner of rigging, boats, tackle, apparel, furniture, provision, and appur- tenances, fitting and necessary for the said men and mariners, and for the said ship, during the voyage afore- said. In Witncs.s, &c- C II ATTE L .M OIITG AG E. Tins Tndknture, made the day of A.l). 18 . Uetween of the one part] and of tho other part ; . * tONVEVANcKll. Uo AV'iTNKssKTii, that the said party of the first part, fur atul in coriftidcratiori of the sum of of lawful inoncy of Canada, to hiui in hand well and truly paid by the said party of the second part, at or before the scaling and delivery of these presents (the receipt whereof is hereby acknowledged) hath granted, bargained, sold and assigned, and by these presents doth grant, bargain, sell and assign unto the said party of the second part, his executors, administrators and assigns, all and singu- lar the goods, chattels, furniture and household stuff hereinafter particularly mentioned and expressed, that is to say : To HAVE AND TO HOLD all and singular the said goods and chattels, hereinbefore granted, bargained, sold and assigned, or mentioned, or intendnd so to be, unto the said party of the second part, his executors, admini- strators and assigns, to the only proper use and behoof of the said party of the second part, his executors, administrators and assigns forever : Provided always, and these presents are upon this express condition, that if the said party of the first part, his executors or administrators, do and shall well and truly pay or cause to be paid unto the said party of the second part, his executors, administrators or assigns, the full sum of with legal interest for the same from the date hereof, Then these presents, and every matter and thing herein contained, shall cease, determine and be utterly void to all intents and purposes, anything herein con- tained to the contrary thereof in anywise notwith- standing. A.nd the said party of the first part, for executors and administrators, shall and will warrant and forever ! 'i — ■ 146 TIIL CANADIAN (iGf'cnd by tliosc presents all and singular the siiitl floods, chattels and property by these presents unto the said party of the second part, executors, administrators and assigns, against the said party of the first part, executors and administrators, and against all and every other person and persons whomsoever : And the said party of the first part doth hereby for ^executors and administrators, covenant, promise and agree, to and with the said party of the second part, executors, administrators and assigns, that the said party of the first part, executors or admini- strators, or some or one of them, shall and will well and truly pay or cause to be paid, unto the said party of the second part, executors, administrators or assigns, the said sum of money in the above proviso mentioned, with interest for the same as aforesaid, on the day and time and in the manner above liqiited for the payment thereof. And also, that in case default shall be made in the payment of the said sum of money in the said proviso mentioned, or the interest thereon, or any part thereof, or in case the said party of the first part shall attempt to sell or dispose of or in any way part with the possession of the said goods and chattels, or any of them, or to remove the same, or any part thereof, out of the County of without the consent of the said party of the second part, executors, administrators or assigns, to such sale, removal or disposal thereof first had and obtained in writing, then and in such case it shall and may be lawful for the said party of the second part, executors, administrators or assigns, with or their servant or servants, and with such other assistant or assistants as uiay require, at any time during the i Conveyancer. ilV the of rns, and and heir or the day to enter into and upon any lands, tenements, houses and premises wheresoever and whatsoever where thn said goods and chattels, or any part thereof, may be, and for such persons to break and force open any door?, locks, bolts, bars, fastening.^, hinges, gates, fences, houses, buildings, enclosure and place, for the purpose of taking possession of and removing the said goods and chattels ; And upon and from and after the taking possession of such goods and chattels as aforesaid, it shall and may be lawful, and the said party of the second part, execu- tors, administrators or assigns, and each or any of them, is and are hereby authorised and empowered to sell the said goods and chattels, or any of them or any part thereof, at public auction or private sale, as to them or any of thera may seem meet ; And from and out of the proceeds of such sale in the first place to pay and reim- burse or themselves all such sums and sum of money as may then be due by virtue of these presents, and all such expenses as may have been incurred by the said party of the second part, executors, admini- strators or assigns, in consequence of the default, neglect, or failures of the said party of the first part, executors, administrators or assigns, in payment of the said sum of money, with interest thereon, as above mentioned, or in consequence of such sale or removal as above mentioned, and in the next place to pay unto the said party of the first part, executors, admin'i- strators and assigns, all such surplus as may remain after such sale, and after payment of all such sura or sums of money, and interest thereon, as may be due by virtue of these presents at the time of such seizure, and after payment of the costs, charges and expenses in- curred by such seizure and sale as aforesaid ; Provided ■■H m 148 thE CAKADlAN !( I I always, nevertheless, that it shall not be incumbent on the said party of the second part, executors, administrators and assigns, to sell and dispose of the said goods and chattels ; but that in case of default in pay- ment of the said sum of money, with interest thereon as aforesaid, it shall and may be lawful for the said J)arty of the second part, executors, administrators and assigns, peaceably and quietly to have, hold, use, occupy, possess and enjoy the said goods and chattels, without the let, molestation, eviction, hindrance or in- terruption of the said party of the first p , executors, administrators or assigns, or any of them, or any other persons or person whomsoever. And the said party of the first part doth hereby further covenant, promise and agree, to and with the said party of the second part, executors, administra- tors and assigns, that in case the sum of money realized under any such sale as above mentioned shall not be sufficient to pay the whole amount due at the time of such sale, that the said party of the first part, executors or administrators, shall and will forthwith pay or cause to be paid unto the said party of the second part executors, administrators and assigns, all such sum or sums of money, with interest thereon, as may then be remaining due. And the sa'd party of the first part doth put the said party of the second part in full possession of the said goods and chattels, by delivering to in the name of all the said goods and chattels, at the sealing and delivery thereof. In witness whehkof, the parties to these presents have hereunto set their hands and seals, the day and year first above written. Sigfied, Sealed, kc. lilMMMaMMI ■* 5 of CONVEYANCER. AFFIDAVIT OF MORTGAGER. 149 Canada. ") I, of the of Count of r ill the County of in To wit : 3 the Bill of Sale by way of mortgage named, malve oath and say that the Mortgagor in the annexed Bill of Sale by way of mort- gage named, is justly and truly indebted to me, this deponent the Mortgagee therein named, ia the sum of mentioned therein. That the said Bill of Sale by way of mortgage was executed m good faith, and for the express purpose of securing ihe payment of the money so justly due or accruing due as aforesaid, and not for the purpose of protecting the goods and chattels mentioned in the said Bill of Sale by way of mortgage against the creditors of the said the Mortgagor therein named, or preventing the Creditors of such Mortgagor from obtaining payment of any claim against him. Sworn before me, at in the County of this day of A. D. 18 . A Commissioner for taking AJ/luavits in the Queen^s Bench, in and for the Count of said said ■le of and sents and AFFIDAVIT OF WITNESS. Canada. -^ I, of the of Count of L in the Count of To wit : 3 ™ake oath and say, that I was personally present, and did see the annexed Bill of Sale by way of mortgage duly signed, sealed and delivered by the parties thereto, and that the name set and subscribed as a witness to the execution thereof 13 "'"•x^ma&mtsi.^ . 150 Tin: CANADIAN' is of the proper handwriting of nic this deponent, juid that the same was executed at in the said County of Sworn before nie, at the of in the (!ount of this day of A. D. 1n rst nt as said party of the first part, his executors or aduiinistru- torn, Jill such surplus as may retiiain after such .sale, ai)(] after pnyinent of all such sum and sums of money, and interest thereon as may be duo by virtue of these presents at the time of such seizure, and after the piiy- ment of the costs and charges and expenses incurred by such seizure and sale as aforesaid. Provided always, nevertheless, that it shall not be incumbent on the said party of the second part, liis executors, administrators or assigns, to sell and disposec of the said goods and chattels, but that in case of default it shall and may be lawful for* the said party of the second part, his executors, administrators or assigns, peaceably and quietly to have, hold, use, occupy, possess and enjoy the said goods and chattels, without the let, molestation, eviction, hindrance or interruption of him the said party of the first part, his executors, or admini- strators, or any of them, or any other person or persons whomsoever. And the said party of the first part doth hereby further covenant, promise and agree to and with the said party, of the second part, his executors, administra- tors and assigns, that in case the sum of money realized under any such sale as above mentioned shall not be sufficient to pay the whole amount due at the time of such sale, that he the said party ot the first part, his executors or administrators shall and will forthwith pay or cause to be paid unto the said party of the second part, his exo^utors, administrators or assigns, all such sum and sums of money, with interest thereon as may then be remaining due. And he the said party of the first part doth put the said party of the second part in full possession of the 'A i:» J !■■■ itmaassasaaBtsm ■ lliO THE CANADIAN- 1 Haid goods and chattels, by delivering to hini in the tiuinc of all the said goods and chattels at the sealing imd delivery hereof. In wiTNEsg whereof, the parties to these presents have hereunto set their hands and seals, the day and year tirst above written. Signed, Sealed, &c. AFFIDAVIT OF MORTGAGEE. 1 I, make oath and say, that j the within mortgage truly sets forth County of To wit : the agreement entered into between myself and therein named, and truly states the extent of the liability intended to be created by such agreement, and covered by the within mortgage. That the within mortgage is executed in good faith, and for the express purpose of securing me against the payment of the amount of my liability, as That the within mortgage is not executed for the purpose of securing the goods and chattels mentioned in the Schedule attached hereto, marked A, against the credi- tors of the said or to prevent such creditors from recovering any claims which they may have against the said Sworn before me, at this day of A.D. 18 . A Commissioner in B. R. Jfc. A^davii of Witness as in last Form. CONVRYANCEIl. ini CLERKSHIP, ARTICLES OF, TO AN ATTORNEY. AitTiCLES OF AGREEMENT made the day of A. D., 18 . Between A. B. of gentleman, one of the Attorneys of Her Majesty's Courts of Queen's Bench and Common Pleas for Upper Canada, and a Solicitor of the Court of Chancery of the one part, and C. D. of and E. F. son of the said C. D. of the other piirt, Witness that the said E. F. of his own free will and by and with the consent and approbation of the said C. D. hath placed and bound himself, and by these presents doth plac3 and bind himself clerk to the said A. B. to serve him from the day of the date hereof, for and durinji;, and until the full end and term of five years from hence next ensuing, and fully to be complete and ended. And the said C. D. duth hereby for himself, his; heirs, executors, and administrators, covenant with the said A. B. his executors, administrators, and assigns, that '.he said E. F. shall and will well and faithfully, and diligently serve the said A. B. as his clerk in the business, practice, or professici, o' an Attorney at Law and Solicitor in Chancery, frr m the day of the date hereof for and during, and unto thj full end of the said tenu of five years, and that he the said E. F. shall not at any time during such term, cancel, obliterate, injure, spoil, des- troy, waste, embezzle, spend, or make away with, any of the books, papers, writings, documents, moneys, chattels, or other property of the said A. B., his executors, ad- ministrators, or assigns, or his partner or partners, or any of his clients or employers. And that in case thj said E. F. shall act contrary to the last mentioned covot nant, or if the said A. B. his executors, administrators, pr itssigns, or his partner or partners, shall sustaia op ^ 162 THF- CANADIAN i I. suffer any loss or damage by the misbehavior, nep;leet, or improper conduct of the said E. F. the said C. D. his heirs, executors, or administrators, shall indemnify the said A. B. and make good and reimburse him the amount or value thereof. And further, that the said E. F. will at all times keep the secrets of the said A. B. and his partner or partners, and will at all times during the said term, readily and cheerfully obey and execute his or their lawful and reasonable commands, and shall not depart or absent himself from the ser- vice or employ of the said A. B. at any time during the said term without his conj^ent first had and ob- tained, and shall, from time to time, and at all times during the said term, conduct himself with all true diligence, honesty and sobriety. And that the said C. D., his executors, and administrators, will from time to time, and at all times during the said term, find and provide the said E. F. with all necessary and becoming apparel, and also medicine and surgery in case of illness. [ This latter covenant may he extended to other things as for the support and maintenance of the^Clerk, etc.] And the said E. F. doth liercby for himself covenant with the said A. B. his executors, administrators, and assigns, that he, the said, E. F. will truly, honestly, and diligently serve the said A. B. at all times for and dur- ing the said term, as a faithful clerk ought to do in all things whatsoever in the manner above specified. In consideration whereof and of five shillings of lawful money by the said C. D. to the said A. B. paid at or before the sealing and delivery of these presents (the receipt whereof is hereby acknowledged) the said A. B. for himself, his heirs, executors and administrators, doth Qovenant with the said C. D. his executors and adminia- f I CONVEYANCER. 163 trators, that he the said A. B. will accept and take said E. F. as his clerk. And also that the said A. B. will, by the best ways and means he may or can, and to the utmost of his skill and knowledge, teach and instruct or cause to be taught and instructed, the said E. F. in the said practice or profession of an Attorney-at-Law and Solicitor-in-Chancery, which he the said A. B. now doth, or shall at any time during the said term, use or practice. (Other covenants may if within the object of the clerkship be inserted here. Sometimes especially if the clerk has been sometime in the profession, the attor- ney covenants to pay him a salary.) And also will at the expiration of the said term use his best means and endeavors, at the request, costs and charges of the said C. D. and E. F. or either ot them, to cause and procure him, the said E. F. to be admitted and sworn an attor- ney of Her Majesty's said Courts of Queen's Bench and Common Pleas, or either of them, and a solicitor of the Court of Chancery, or any other of Her Majesty's Courts of Law or Equity, provided the said P]. F. shall have well, faithfully, and diligently served his said intended clerkship. In witness wnEREor the parties aforesaid have hereunto set their hands and seals, the day and year first above written. Signed, scaled, &c. If the intended clerk be of full age, there will be no necessity for the father to be made a party. — • — CONDITIONS OF SALE OF GOODS. 1. The highest bidder to be the purchaser; and, if any dispute shall arise as to the last or best bidder, tUe f I m 64 THE CANADIAN property shall be immediately put up again at the former bidding. 2. No person to advance less than cents at a bidding. 3. The purchasers to give in their names, and places of residence (t/* required) and pay down a deposit of per cent, in part payment of purchase money ; in default of which, the lot or lots so purchased will be immediately put up again and re-sold. 4. The lots to be taken away at the buyer's expense, within three days after, and tho remainder of the pur- chase money to be paid on or before delivery. 5. Upon failure of complying with these conditions, the deposit money shall be forfeited ; and all lots un- cleared within the time aforesaid shall be resold by public auction or private sale, and the deficiency, if any, on such re-sale shall be made good by the defaulter. CONDITIONS OF SALE OF LAND. ii 1. The highest bidder shall be declared the purchaser j and if any dispute shall arise as to the last or best bidder, the property shall \xq immediately put up again at the former bidding. 2. No person shall advance at any one bidding less than dollars, or retract his or her bidding ; and tho vendors, by themselves or their agent, shall be at liberty to bid once for the property. 3. The purchaser shall pay, immediately after the sale, to tho vendor's solicitor, a deposit of per cent. in part of the purchase money and sign an agreement for the paympnt of the remainder on or before the mmm T CONVEYANCER. 165 day of , 18 . The premises will be sold subject to all defects or imperfections of title subsisting before the commencement of the title of the present vendors, and not occasioned bj any act done by them or any person claiming under or in trust for them (and subject also to the several mortgages outstanding; appearing on the certificate of the registrar of the county of which will be produced at the time of the sale.) 4. The purchaser shall accept a conveyance from tho vendors, to be prepared at his own expense, on payment of the remainder of the purchase money ; and posses- sion will be given on completion of the purchase : from which time the purchaser shall be entitled to tho rents and profits. But if, from any cause, the remainder of the purchase money shall not be paid on the day of , 18 , the purchaser shall pay interest for tho same at the rate of per cent, from that day to tho day of payment ; but, nevertheless, this stipulation to be without prejudice to the vendor's right to insist on the performance of this last cndition. 5. If any mistake be made in the description of the property, or there be any other error in the particulars of sale, the same shall not annul the sale, but a com- pensation or equivalent shall be given, or taken, as the case may require, according to the average of the whole purchase money (on such error or misstatement being proved) : such compensation or equivalent to be settled by two referees or their umpire — one referee to be chosen by each party, within ten days after notice given of the error, and the umpire to be chosen by the referees immediately after their appointujent. • ' ' 6. The purchaser shall not b.e entitled to the produc- tion of any title deeds other than such as are in the w 160 THE CANADIAN vendor's. hands, or in the hands of the several mort- gagees. 7. Lastly, upon failure of complying with the above conditions, the deposit shall be forfeited, and the vendors shall be at full liberty (with or without notice) to re-sell the estate by public auction or private sale; and if, on such resale, there should be any deficiency, the pur- chaser shall make good such deficiency to the vendors, and all expenses attending such re-sale; the same to be recoverable as liquidated damages. Special conditions may be necessary to meet particular cases ; but the above conditions will meet ordinary cases, at CONDITIONS OF SALE {0/ the Court of Chancery.) 1. No pei*son shall advance less than two pounds at any bidding under £100, nor less than five pounds at any bidding over £100; and no person shall retract his bidding, 2. The highest bidder shall be the purchaser; and if any dispute arise as to ^he last or highest bidder, the property shall be put up at a former bidding. 3. The parties to the suit, with the exception of the vendor, are to be at liberty to bid. 4. The purchaser shall, at the time of sale, pay down a deposit in the proportion of for every hundred pounds of his purchase money, to the vendor or his solicitor, and shi " money and u pay pon such payment the purchaser , m 172 THE CANADIAN account of such goods, wares, and inerchandisc bein*; taken by the parties hereto in the presence of each other. And it is hereby agreed that any of the said goods, wares, or merchandise which may be damaged, shall bo appraised and valued by three disinterested persons j each of the parties hereto selecting one of such persons, and the two so selected appointing the third ; and that the price set upon such damaged goods, wares, or mer- chandise by the said three persons shall be substituted for the invoice price thereof; and that within ten days after the value of the said goods, wares, and merchan- dise shall have been ascertained as aforesaid, the said C. D. is to pay the valuation thereof to the said A. B. And the said A. B. agrees to make, execute, and deliver unto the said C. D. a good and suflScient bill of sale and conveyance thereof, and to give to the said C. D. quiet and peaceable possession thereof upon payment to him, the said A. B., by the said CD., within the time before specified, of the invoiced or appraised value as aforesaid. In witness, &c. If desired, the form for appraising damaged goods can bo made applicable to the entire stock. CONTRACT FOR SALE OF GRAIN. It is agreed, this day of A.D. 18 by and between A. B., of, &o., and C. D., of, &c., as follows : The said A. B. agrees to aell to the said C. D. five thousaLd bushels of wheat, to be delivered to the said C. D., at on or before the first day of January next, free of all charges, at the price or sum of per bushel. And the said C. D., agrees to purchase CONVEYANCER. 173 the said wheat, and to pay therefor at the rate aforesaid, upon delivery as aforesaid. And the said A. B. hereby guarantees and warrants the said wheat to be good, clean, and merchantuble (:;rain. Witness our hands. Sif^ned, Sealed, itc. CONTRACT FOR SALE OF GOODS OX COMMISSION. A.D. and ise Tins Agiieemknt made this day of 18 between A. 13. of manufacturer of C. D. of traveller on commission. 1. The said A. 13. for himself, his executors and ad- ministrators agrees that upon receiving a written order from the said C. D., the A. B. his executors and ad- ministrators, will, from time to time, at his warehouse aforesaid, and according to such order, supply to the said 0. D. the as now manufactured by the said A. B. 2. The said is to be invoiced to the said C. D. at and the said C. D. is to account for the same at that price every three months, beginning from the date hereof. 3. The said A. B., his executors and administrators shall not be bound to supply more than on any one day, nor more than in any one week, without a week's notice in writing with a written order from the said C. D., nor shall the said A. B., his executors or ad- ministrators be bound to continue supplying as aforesaid after shall have been delivered and shall remain unaccounted for, whether the said period of three months shall have elapsed since such delivery or not. . •■ 15 174 THE CANADIAN 4. This agreement shall continue in force for seven years from the date hereof but subject to determination at any time by six months' previous notice in writing from either of the said parties or the executors or adnjinistra- tors of the said A. B. to the other of them and deliver- ed at his usual or last known place of abode. 5. During the continuance of this ugreement the said A. B., his executors and administrators shall not employ, nor shall knowingly suifer any other person than the said C. D. to sell on commission for them the said beyond a radius of miles from and in case of a breach of this ch.usc the said A. B., for himself his executors and administrators undertakes to pay the said C. D. the sum of by way of agreed and liqui- dated dama{.;es. In witness whereof the said parties have hereto set their hands and seals the day a year ten. Signed, sealed, &c. CONTRACT FOR SERVICE AS CLERK. It IS AGREED, this day of A.D. 18 Between and both ot in manner fol- lowing, to wit : The said covenants and agrees, faithfully and diligently to serve and act as the clerk, or salesman, of the said in his store in from the day 01 the date hereof, ^for and during the space of one year, if both parties shall so long live, without absent- ing himself from the same ; during which time he, the said will in the store of the said faith- lully, honestly and diligently attend, doing and perform- CONVEVANCEU. io ip<» all matters pertaininp; to his duties as cleric or .sales- man aforesaid, and in all respects complying with the ref|uest and desire of the said relative to the discharge of such duties. In consideration of which services so to bo perfurnied by th e sau he, the said covenants diid the yearly agrees to allow and pay to the said sum of by four equal quarterly payments, or oftener, if required ; provided, nevertheless, that payment for all time during which the ..aid may be absent from the store of the said is to be deducted from the sum, otherwise by this agreement due from, and payable by, the said to the said Witness our hands and seals, the day and year JSrst written. Signed, Scaled, &c. — ♦- DEED WITH DOWER. day of A. D. Tins Indenture, made the 18 , Between WITNESSETH, that the said for and in con- sideration of thu sum of of lawful money of Canada, to by the said in hand well and tru'y /aid, at or before the scaling and delivery of these presents (the receipt whereof is hereby ac- knowledged,) hath given, granted, bargained, sold, aliened, a.ssigned, traniferred, released, cnfcofFed, con- veyed and confirmed, and by these presents do give, grant, bargain, sell, alien, a.s.sign, transfer, release, enfeoff, convey and confirm, unto the said heirs and assigns, All and 8iD<;;ular, that certain par- ! I f II 176 THE CANADIAN eel or tract of land and premises, situate, Ijing and boitifr Together v,\t\\ all an.d singular the houses, out-houses, buildings, woods, ways, waters, water-courses, easements, privileges, profits, hereditaments and appurtenances what- soever, to the said parcel or tract of land, tenements, hereditaments and premises, belonging or in an3'vviso appertaining, or therewith used and enjoyed, or known or taken as a part and parcel thereof, or as belonging thereto, or to any part thereof, and the reversion and reversions, remainder or remainders, rents, issues and profits thereof: and also, all the estate, right, title, in- terest, use, trust, claim, property and demand, both at law and in equity, of the said of, in, to, or out of the said lands, tenements, hereditaments and premises, and every part thereof: To have and to hold the samo lands, tenements, hereditaments, and all and singular other the premises hereby conveyed or mentioned, or intended so to be, with their and every of their appurtenances, unto the said heirs and assigns, to the sole and only use of the said heirs and assigns forever: subject, nevertheless, to the reservations, limitations, provisoes and conditions, ex- pressed in the original grant thereof from the Crown : And this Indenture further witnesseth, that the said with the privity and full approbation and eon- sent of her said husband, testified by his boing a party to these Presents, in consideration of the premises; and also, in consideration of the further sum of five ihillino-s of lawful money aforesaid, to her by the said in hand well and truly paid, at or before the sealing and delivery of these Presents, (the receipt wl^er^f M Wrebj acknowledged,) hath remised, re- i I CONVEYANCER. 177 e d 3 )t leased and forever reHnf|uishcd and quitted chum, and by these presents doth remise, release, and forever re- linquish and quit claim, unto the said heirs, execiTtor.s, administrators and assigns, all dower, and all right and title thereto, which she, the said now hath, or in the event of surviving her said husband, can, or may, or could, or might hereafter, in anywise, have or claim, whether at common law or otherwise howsoever, of, in, to or out of, the lands, tenements, hereditaments and premises hereby conveyed, or here- inbefore mentioned, or intended so to be, with the appurtenances, or of, in, to or out of any part thereof And the said doth hereby, for heirs, execu- tors and administrators, covenant, promise and agree, to and wilh the said heirs and assigns, in manner following, that is to say : That he, the said at the time of the ensealing and delivery hereof, is, and stands solely, rightfully and lawfully seised of a good, sure, perfect, absolute and indefeasible estate of inherit- ance, in fee simple, of and in the lands, tenements, hereditaments, and all and singular other the premises hereinbefore described, with their and every of their appurtenances, and of and in every part and parcel thereof, without any manner of reservations, limitations, provisoes or conditions, (other than as aforesaid.) or any other matter or thing, to alter, charge, change, ea- cumber or defeat the same : and also, that the said now hath in himself good right, full power, and lawful and absolute authority, to grant, bar- gain, sell, release, alien, convey and dispose of, the said lands, tenements, hereditaments and premises, and every part and parcel thereof, with the appurtenanacs, unto the said heirs and assigns, in manner and form 1 178 THE CANADIAN aforesaid : and also, that it shall and may be lawful to and for the said heirs and assigns, peaceably and quietly to enter into, have, hold, use, occupy, pos- sess and enjoy the aforesaid lands, tenements, heredita- ments and premises, hereby conveyed, or intended so to be, with the appurtenances, without the let, suit, hin- drance, interruption or denial of him, the said heirs or assigns, or any other person or persons whom- soever; and that free and clear, and freely and clearly acquitted, exonerated and discharged, of and from all arrears of taxes and assessments whatsoever, due or payable upon or in respect of the said lands, tenements, hereditaments and premises, or any part thereof, and of and from all former conveyances, mortgages, rights, annuities, debts, judgments, executions and recogniz- ances, and of and from all manner of other charges or incumbrances whatsoever : and lastly, that heirs and assigns, and all and every other person or per- sons whomsoever, having or huvfully claiming, or who shall or may have or lawfully claim, any estate, right, title, interest or trust, of, in, to or out of the lands, tenements, hereditaments and premises hereby conveyed as aforesaid, or intended so to be, with their appurte- nances, or any part thereof, by, from or under, or in trust for him, the said heirs and assigns, shall and will, from time to time, and at all times hereafter, at the proper costs and charges in the law of the said heirs and assigns, make, do, and execute, or cause or procure to be madv:, done, and executed, all and every such further and other reasonable act and acts, deed and deeds, devices, conveyances and assurances in the law, for the further, better and more perfectly and absolutely conveying and assuring the said lands, tene- CONVEYANCER. 179 ments, hereditaments and premises, with the appurte- nances, unto the said heirs and assign 4, as by the said heirs and assigns, or liis or their coun- sel learned in the law, shall be lawfully and reasonably devised, advised or required. In Witness, kc. Signed, Sealed, kc. Received, on the day of the date of the within Indenture, the sum of of la\\ful money of Canada, bcinp; the full consideration therein mentioned. In presence of DEED OF BARGAIN AND SALE. {Absolute Covenants.) This Indenture, made the day of A. I). 18 -.Between of the first part; wife of the said party of the first part, of the second part; and of the third part ; AVitnessetii, that the said part of the first part, for and in consideration of the sum of of lawful money of Canada, to by the said part of the third part in hanu well and truly paid, at or before the sealing and delivery of these pre- sents (the receipt whereof is hereby acknowledged), ha granted, bargained, sold, released, conveyed and con- firmed, and by these presents do grant, bargain, sell, release, convey and confirm, unto the said part of the third part, heirs and assigns, All and Singul.\r, th certain parcel or tract of land and prenii.sos, situate, lying, and being in the Tooetiier with all and singular the houses, out-houses, edifices, barns, stables, yards, gardens, orchards, trees, woods, under- 180 THE CANADIAN woods, fences, ways, waters, water-courses, lights, liber- ties, privilecjoH, casements, profits, commudities, cn)olu- nients, hereditaments and appurtenances, whatsoever, to the said parcel or tract of land and premises belong- ing, or in anywise appertaining, or therewith demised, held, used, occupied and enjoyed, or taken or known as part or parcel thereof; and also the reversion and rever- sions, remainder and remainders, yearlyand other rents, issues, and profits thereof, and of every part and parcel thereof; and all the estate, right, title, interest, inheri- tance, use, trust, property, profit, possession, claim and demand whatsoever, both at law and in equity, of the said part of the first part, in, to, out of, or upon the said lands and premises, and every part and parcel thereof, with their and every of their appurtenances : To HAVE AND TO HOLD the same lands, tenements, hereditaments, and all and singular other the premises hereby conveyed or intended so to be, with their and every of their appurtenances, unto the said part of the third part, heirs and assigns, to the sole and only use of the said part of the third part, heirs and assigns, forever. Subject, nevertheless, to the reserva- tions, limitations, provisoes and conditions, expressed in the original grant thereof from the Crown. And this Indenture further Witnesseth, that the said party of the second part, with the privity and full approbation and consent of her said husband, testi- fied by his being a party to these presents, in considera- tion of the premises, and also in consideration of the further sum of Five Shillings of lawful money of the Province of Canada aforesaid, to her by the said part of the third part in hand well and truly paid, at or before the sealing and delivery of thjse presents (the CONVEYAN'CEIl. 181 fcccipt whereof is hereby acknowledged), hath granted and released, and by these presents doth grant and release unto the said part of the third part, heirs, and assigns, all Dower, «nnd all right and title thereto, which she the said party of the second part now hath, or in the event of surviving her said husband, might or could have, in, to, or out of the lands and premises hereby conveyed, or intended so to be. And the said part of the first part do hereby for heirs, executors, and administrators, covenant, pro- mise and agree, with and to the said part of the third part, heirs and assigns, in manner following, that is to say: That the said part of the first part, now ha in good right, full power, and absolute autho- rity to convey the said lands, and other the premises hereby conveyed, or intended so to be, with their and every of their appurtenances, unto the said part of the third part, in manner aforesaid, and according to the true intent and meaning of these presents : And that it shall be lawful for the said part of the third part, heirs and assigns, from time to time and at all times here- after, peaceably and quietly to enter upon, have, hold, occupy, possess and enjoy the said lands and premises hereby conveyed, or intended so to be. with their and every of their appurtenances, and to have, receive, and take the rents, issues and profits thereof, and of every part thereof, to and for and their use and benefit, without any let, suit, trouble, denial, eviction, interrup- tion, claim or demand whatsoever , of, from or by the said part of the first part, or heirs, or any other person or persons whomsoever : And that free and clear and freely and absolutely aci]iiittG(l, exonerated, and for IG 182 THE CANADIAN ever discharged, or otherwise by the said part of the first part, or heirs, well and sufficiently saved, kept harmless, and indemnified, of, from, and against any and every former and other gift, grant, bargain, sale, jointure, dower, use, trust, entail, will, statute, recognizance, judgment, execution, extent, rent, annuity, forfeiture, re-entry, and any and every other estate, title, charge, trouble and encumbrance whatsoever : And lastly, that the said part of the first part, heirs, executors or administrators, and all and every other person whomso- ever, having or claiming, or who shall or may hereafter have or claim any estate, right, title or interest whatso- ever, either at law or in equity, in, to, or out of the said lands and premises hereby conveyed, or intended so to be, or any of them, or any part thereof, by, from, under or in trust for them, or any of them, shall and will, from time to time, and at all times hereafter, upon every reasonable request, and at the costs and charges of the said part of the third part, heirs, or assigns, make, do, or execute, or cause to be made, done or executed, all such further and other lawful acts, deeds, things, devices, conveyances and assurances in the law whatsoever, for the better, more perfectly and absolutely conveying and assuring the said lauds and premises hereby conveyed, or intended so to be, and every part thereof, with their appurtenances, unto the said part of the third part, heirs and assigns, in manner afore- said, as by the said part of the third part, heirs and assigns, or their counsel in the law, shall be reasonably devised, advised or required ; so as no person who shall be required to mal 3 or execute such assu- rances shall be compellable, for the making or executing thereof, to go or travel from his usual place of abode. : COi«VEVANCER. i8d Ir WITNESS wnEREOF the said parties to these pre- sents have liereunto set their hands, and allixed their seals, the day and year first above written. Signed, sealed, .■^^w^pvwvqFWfT^^VbHW"* ■*■ J "I ■l^y^PIMLiHlllI i.im^iLLUV.Ii^w> WB^w, 188 THE CANADIAN the said part of the first part do j^rant unto the said part of the third part heirs and assigns, for ever, all and singular th certain parcel or tract of land and premises, situate, lying, and being in the To HAVE AND TO HOLD unto the said part of the third part, heirs and assigns, to and for and their sole and only use for ever : subject, neverthe- less, to the reservations, limitations, provisoes, and con- ditions expressed in the original grant thereof from the Crown. The said part of the first part covenants with the said part of the third part that ha the right to convey the said lands to the said part of the third part, notwithstanding any act of the said part of the first part. And that the said part of the third part shall have quiet possession of the said lands, free from all incumbrances. And that the said part of the first part will execute such further assurances of the said lands as may be requisite. And that will pro- duce the title deeds enumerated hereunder, and allow copies to be made of them, at the expense of the said part of the third part. And that the said part of the first part ha done no act to encumber the said lands. And the said part of the first part release' to the said part of the third part all claims upon the said lands. And the said part of the second part, wi of the said part of the first part, hereby bar dower in the said lands. )fi vmuH'- CONVEYANCER. 1«9 ^ J In witness whereof the said parties hereto have hereunto set their hands and seals. Signed, Sealed, &c. '. Received, on the day and year first within written, of the within named the sum of of lawful money of Canada, being the consideration money there- in mentioned. Signed, &c. DEED OF BARGAIN AND SALE OF LANDS. ( On Sale hy Mortgagee. ) This Indenture, made the day of A. D. 18 . Between A. B., of, &c., of the one part, and C. D., of, &c., of the other part. "WiiERExis, E. F., of, &c., did, by a certain Indenture of Mortgage, dated the day of A. D., &c., for the consideration of bargain and sell unto the said A. B., and to his heirs and assigns forever, all that certain, &c. ; Together with all an(J|^ singular the hereditaments and appurtenances thereunto belonging : To have and to hold the said granted and bargained premises, with the appurtenances, unto the said A. B., his heirs and assigns, to the only proper use and behoof of the said A. B., his heirs and assigns forever ; Provided, nevertheless, and the said Indenture of Mortgage was thereby declared to be upon condition, that if the said E. F., his heirs, executors or administrators, should well and truly pay unto the said A. B., his executors, administrators or assigns, the just and full sum of with lawful interest for the same, on or before the day of A. D., &c., according to the condition of the said Indenture of Mortgage* ,1' k '^ 190 THE CANADIAN that then, and in such case, the said Indenture should be void and of no eiFect : And the said ^. F. did, by the said Indenture, for himself, his heirs and assigns, agree with the said A. B., his heirs, executors, adminis- trators and assigns, that in case it should so happen, that the said sum of and the interest for the same, should be due and unpaid, at the time limited for the payment thereof, in the whole or in part thereof, that then it should and might be lawful for the said A. B., his heirs or assigns, at any time after default in payment, to bargain, sell, and dispose of the said mortgaged premises, with the appurtenances, at public auction, and out of the moneys to arise from the sale thereof, to retain and keep the said sum of and the interest, or so much thereof as might bo due, together with the costs and charges of such sale, or sales, rendering the overplus money, if any, to the said E. F., his heirs, executors, administrators, or assigns : And, whereas, the said E. F. did not pay to the said A. B. the said sura of money, with the interest, at the time limited for payment, or at any time since ; and the said A.^. hath, therefore, in pursuance of the authority so given to him as aforesaid, caused the premises to be advertised and sold at public auction, and the same have been knocked down to the said C. D., for being the highest sum bid for the same. Now, THEREFORE, THIS I\ DENTURE WITNESSETH, that the said A. B., in pursuance of the power afore- said, and also for and in consideration of tlie said sum of to him in hand paid, by the said, 0. D., at and before the ensealing and delivery hereof, the receipt whereof is hereby acknowledged, hath granted, bar- gained, sold, aliened, released and confirmed, and hy CONVEYANCER. 191 I* these presents doth grant, bargain, sell, alien, release, and confirm unto said C. D., and to his heirs and assigns forever, all the farm, piece, or parcel of land above mentioned, together with the hereditaments and appur- tenances, as the same is described and conveyed by said Indenture of Mortgage; and all the estate, right, title, interest, claim, and demand at law ahd in equity, of him the said A. B., and also of the said E. F., as far as the said A. B. hath power to grant and convey the same, of, in, and to the premises, and every part and parcel thereof: To have and to hold the said above granted and bargained premises, with the appurtenances unto the said C. J)., his heirs and assigns, to the sole and only proper use and behoof of the said C. D., his heirs and assigns, forever. In witness whereof, the parties have hereunto set their hands and seals, the day and year first above written. Signed, Sealed, &c. 4 DEED BY BUILDING SOCIETY UNDER POWER OF SALE. This Indenture made the day of A.D. 18 . In pursuance of the Act respecting short forms of Con- veyances. Between the Building and Sav- ings Society, of the city of in the county of of the first part, and of ia the county of of the second part Whereas, by indenture of mortgage dated the day of A. D. 18 , and made between of in the county of of the first part his wife of thef second part, and the said Society of the :'A.' m 192 THE CANADIAN third part, the said for and in consideration of the sum of advanced and paid to him by the said Society, did convey and assure unto the said Society the land and premises hereinafter described and set out. To hold the same with the appurtenances unto the said Society, their successors and assigns. To the use of the said Society, their miccessors and assigns for ever, and in which said Indenture of Mortgage is contained an express condition that if the said should well and truly pay to the said Society their successors or assigns the said sum of money, interest and charges in equal instalments of on the first day of each month during the term of months until the said sum of money, interest, and charges should be fully paid, and also during the whole time aforesaid pay to the said Society, their successors and assigns all other nionthly payments and contributions for upon or in respect of the shares therein mentioned, and also all fines and other charges whatsoever imposed or thereafter to be imposed by the said Society and their successors upon the said his heirs, executors, administrators, and assigns, as a member or members of the said Society, or upon the shares therein mentioned, or for upon, or in respect of any default or neglect or breach of any of the rules and regulations or by-laws of the said Society by the said his heirs, executors, administrators, and assigns, without any deduction or abatement what- soever, And also all taxes, assessments, premiums of insurance, interest thereon, and other charges for upon or in respect of the said premises and every part there- of, then the said presents and everything therein con- tained should be void. And whereas, it was in and by Uie sa,id Indenture of Mortgage agreed th:NVEYANCER. 103 should happen to be made for the space of six months in payment of 'the said monthly subscriptions, fines, and forfeitures, or of any of them, or of any part there- of at tlie days and times at which the same were there- inbefore covenanted to be paid contrary to the true intent and meaning of the said proviso, it should and might be lawful for the said Society, their successors or ' assigns without any previous demand of possession, peaceably and quietly to enter in and take possession of the lands and premises thereinbefore described with their appurtenances or of any part thereof, and to col- lect, have, receive, and take the rents, issues, and pro- fits thereof, and without any notice to the said his heirs or assigns, and at the discretion of the said Society to sell and absolutely dispose of the said lands and premises or any part thereof, either altogether or in parcels or lots, and either by public sale or private con- tract, or partly by each of these means, and on such terms as should seem to the said Society, its successors or assigns most advantageous for the interests of the said Society, and for such price or prices as could be reasonably obtained for the same. And whereas, the said hath made default in payment for six months, and more of the said instal- ments of as are in, and by the said hereinbe- fore in part recited Indenture of Mortgage covenanted to be paid as aforesaid. And whereas, the said Society under and by virtue of the said hereinbefore recited Power of Sale, did on the day of A. D. 18 , sell by public auction at the of the lands and premises hereinafter described to the said at and for the price or sunt of he being declared the high'- est bidder therefor. i If" W It IS J 01 THE CANADIAN Now THIS Indenture witnessetii, that in coil- siJeration of the premises and of the sum of of law- ful money of Canada, now paid by the said party of the second part to the said Society, (the receipt whereof is hereby, by the said Society acknowledged) They, the said Society, do grant unto the said party of the second part, his heirs and assigns for ever, All th certain parcel of land and premises, situate in the To HAVE AND TO HOLD unto the Said party of the Second part, bis heirs and assigns. To and for his and their sole and only use for ever. The said Society covenant with the said party of the second part. That they have the right to convey the said lands to the said party of the second part notwith- standing any act of the said Society. And that there has been default made for six months and more, in payment of the instalments men- tioned in the said hereinbefore in part recited Indenture of Mortgage. And that they, the said Society, will execute all such further assurances of the said lands as may be requisite at the costs and charges of the said party of the second part. And that they, the said Society, have done no act to incumber the said lands. In Witness, &c. Signed, Sealed, &c. DEED FROM ASSIGNEE TO PURCHASER. {Under Insolvent Act, 27 & 28 Vic. c. 17.) This Deed, made under the provisions of the Insol* vent Act of 1864, the day of A. D. 18 Between A. B., of &c., in his capacity of Assignee of the estate and ciFects of an Insolvent under a COKVEYANCER. 195 deed of asslj^ntnent executed on the day of A.D. 18 at in Upper Canada (or under an order of the Judge made at on the day of A. D. 18 ) of the one part, and C. D., of &c., of the other part. WITNESSETH, that he the said A. 13. in his said capacity, hath caused the sale of the real estate herein- after mentioned, to be advertised in the Canada Gazette from the day of to the day of inclusive, and hath adjudged and doth hereby grant, bargain, sell and confirm the same to wit unto the said C. D., his heirs and assigns forever All the rights and interests of the Insolvent in that certain lot of land, &c. (insert here a description of the property sold.') To have AND TO' HOLD the Same with the appurtenances thereof unto the said C. D. his heirs and assigns forever. The said sale is so made for and in consideration of the sum of in hand paid by the said C. D. to the said A. B. (the receipt whereof is hereby acknowledged) or of which the said C. D. hath paid to the said A. 13. the sum of (the receipt whereof is hereby acknow- ledged) and the balance or sum of the said C. D. hereby promises to pay the said A. B. in his said capacity as follows to wit (Jiere state the terms of pay- ment) the whole with interest payable and as security for the payments so to be made the said C. D. hereby specially mortgages and hypothecates to and in favour of the said A. B. in his said capacity, the lot of land and premises hereby sold. In witness, &c. Signed, Sealed, : A. D. :, covc- rt, lid, ob- .hc Tivst present ) second all that nd oiHcr no^m as •etc ; To nent and t, durinf]; day of and je com- ery year the said adminis- le on bo made upon this nt hereby c remain behind or unpaid for the space of twenty-one days next over or after any of the days on which the same shall become due and payable, or if a breach or default shall bo made in any of the covenants hereinafter contained by the said part of the second part, executors, administrators or assigns, then and in every such case it shall be lawful for the said part of the first part heirs, executors, administrators or assigns, into and upon the said premises, or any part thereof in the name of the whole, to re-enter and the same *? have again, repossess and enjoy, as if these presents hud never been executed. And the said part of the second part, for heirs, executors, administrators and assigns, do hereby cove- :; ant, promise and agree, to and with the said part of the first part, heirs, executors, administrators and assigns, that the said part of the second part, executors, administrators and assigns, shall and will well and truly pay or cause to be paid to the said part of the first part, heirs, executors, administrators or assigns, the said yearly rent hereby reserved, at the times and in the manner hereinbefore appointed for payment thereof. And 1 ), shall and will from time to time, and at , all timrc Ju ,ag the said term, keep in good and suffi- cien' /./poll' the saivl premises hereby demised, reasona- ble weai- .";d tear and accidents by fire and tempest cixcepted; and the same so kept in repair shall and will at the end, expiration or other sooner determination of the said term, peaceably and quietly yield and deliver up to Jic said part of the first part, heirs, execu- tors, administrators or assigns; And also shall and will well and truly pay or cause to bo paid all taxes, rates, 20 ii / ! I 1 230 THE CANADIAN levies, duties, charges, assessments, and impositions whatsoever, whether parliamentary, local, or otherwise, which now are or which during the continuance of this demise shall at any time be rated, taxed or imposed on or in respect of the said demised premises, or any part thereof. And also, that it shall be lawful for the said part of the first part, heirs, executors, administrators and assigns, and their agents respectively, either alone or with workmen or others, from time to time, at all reasonable times in the day-time, during the said term, to enter upc he said demised premises, and every part thereof, to vi ' ^ examine the state and condition thereof, and in c . ;' any want of reparation or amend- ment be found on any such examination, the said part of the second part executors, administrators or assigns, shall and will from time to time cause the same to be well and sufficiently repaired, amended and made good within one month next after notice in writing shall have been given to or left at or upon the said hereby demised premises for that purpose ; and if the said part of the second part, executors, administrators or assigns, shall fail in making the necessary repairs in manner hereinbefore described, that it shall be lawful for the said part of the first part, heirs, executors, administrators and assigns, and agents, to enter into and upon the said hereby demised premises, and have the same repaired in a proper man- ner, and to render the account for such repairs tj the said part of the second part, executors, adminis- trators and assigns^ and demand payment for the eame ; and if default is made, to sue for the same in any court of law baving jurisdiction over the same. fcONVEVANCEF.. 23 i positions herwise, B of this posed on any pa^t • id part rators and alone or oae, at all said term, every part condition or amend- the said [ninistrators e cause tbe nended and r notice in t at or upon arpose; and executors, making tbe scribed, that irst part, IB, and •eby demised proper man- lepairs tJ the ;or8, adminis- •or the same -, iu any court And the said part of the second part, executors, adraiuistrators or assigns, shall not nor will at any time or times during the continuance of this demise, sell, assign, let, or otherwise part with this present lease, or the said premises hereby demised, or any part thereof, to any person or persons whomsoever, for the whole or any part of the said term, nor alter, change or remove any part of the said premises, yards or offices, externally or internally, witliout the license or consent in writing of the said part of the first part, heirs, executors, administrators, or assigns, from time to time, first had and obtained. And the said part of the first pari, for' heirs, executors, administrators and assigns, covenant with the said part of the second part, executors, administrators and assigns, that the said part of the second part, executors, administrators and assigns, well and truly paying the rent hereinbefore reserved, and observing, performing and keeping the covenants hereinbefore contained, shall and may from time to time and at all times during the said term, peaceably and quietly enjoy the said premises hereby demised, without molestation or hindrance. In Witness, &o. Signed, Sealed, &c. ■— ♦- ■-'-'■' ' FARMING LEASE. This Indenture, made the day of A. D. 18 , Between (hereinafter called the lessor,) of the first part, and (hereinafter called the lessee,; of the second part, "WITNESSETH, that for and iQ consideration of the yearly rent, covenants and con- ?i|J m i'l i ! f I THE CANADIAN dltions hGrciniiftcr reserved and contained, and wliictii on the part and behalf of the said lessee exe- cutors, administrators, and assi<];ns, are to be paid, done bnd performed, he, the said Lessor ha demised, leased^ and to farm let, and by these presents do demise, lease, tind to farm let, unto the said lessee executors, administrators, and assigns, all that certain parcel or tract of land situate, lying, and being in the together with all the erections and buildings, barns, stables, and other outhouses thereupon erected, stand- ing and being, or hereafter during the said term to be erected, standing and being, and together also with all ways, paths, passages, waters, water-courses, privileges, advantages, .d appurtenances whatsoever, to the same premises belonging, or in any wise appertaining. To have and io hold the said parcel or tract of land, erec- tions, buildings and premises hereby demised, or in- tended so to be, unto the said lessee executorf?, administrators, and assigns, for, and during, and unto, the full end and term of years, to be computed from the day of in the year of our Lord one thou- sand eight hundred and sixty thence next ensuing, and fully to be completed and ended. Yielding and pay- ing therefor yearly and every year during the said term hereby demised, unto the said lessor heirs and assigns, the clear yearly rent or sum of of lawful money of Canada, on the days of the months of in each and every year during the said terra, with- out any deduction, defalcation or abatement thereout, on any account whatsoever, the first of such payments to become due and to be made on the day of next. And the said lessee do hereby for heirs, executors, administrators and assigns, covenant) CONVEYANCER. 233 exe- d, done , leased) 50, lease, .ecutora, tarcel or s, barns, id, stand- riQ to be ,0 witb all privileges, 3 the same ning. To land, erec- sed, or in- executors, and unto, puted from d one tbou- ixt ensuing, Lng and pay- le said term heirs and of lawful e months of 1 term, with- jnt thereout, payments to y of next, by for •ns, covenant) promise and agree to and with the said lessor, heirs and assigns, in manner following, that is to say: That the said Lessee executors, adminis- trators or assign.s, or some or one of them, shall and will well and truly pay, or cause to be paid, unto the said lessor heirs or assigns, the said yearly rent of on the days and times, and in manner herein- before mentioned and appointed for payment thereof, without any deduction or abatement thereout, on any account whatsoever. And also shall and will from time to time, and at all times during the said term, well and truly pay, or cause to be paid, all taxes, rates, levies, duties, charges, assessments and impositions whatsoever, whether parliamentary, municipal, or otherwise, which now are, or which during the continuance of the said term hereby demised, shall at any time be rated, charged, assessed, or imposed fur or in respect of tho said hereby demised premises, or any part thereof. And that the said lessee will, during the said term, cultivate, till, manure and employ such part of the said demised premises as is now or shall hereafter be brought under cultivation, in a good husband-like and proper manner. And will crop the same during the said term by a regular rotation of crop3, in a proper, farmer-like manner, so as not to impoverish, depreciate or injure the soil of the said land : and will preserve all orchard and fruit trees (if any) on the said premises, from waste, damage or destruction ; and will spend, use and employ in u husband-like manner, upon the said premises all the straw and dung which shall grow, arise, renew or be made thereupon j And will allow any incoming tenant to plough the said hind after harvest in the last year of I ' i t ii! 234 THE CANADIAN :i I the said term ; And to have stabling for two horses, and bedrooin for one man. And shall not nor will durin^; the said term cut any standinj]; timber upon the said lands, except for rails or for buildings upon the said demised premises, or for firewood upon the premises, and shall not allow any timber to be removed from oflf the said premises ; And also shall and will, at the cost and charges of the said lessee, well and sufficiently repair and keep repaired the erections and buildings, fences and gates erected or to be erected upon the said premises, the said lessor finding or allowing on the said premises all rough timber for the same, or allowing the said lessee to cut and fell so many timber trees upon the said premises as shall he requisite, and allowing the said lessee the sum of per hundred out of the said rent, for new rails made into fence ; And also shall and will at the expiration or other sooner determination of this lease, peaceably and quietly leave* surrender and yield up unto the said lessor, heirs, or assigns, the said premises hereby demised, in such good and sufficient repair as aforesaid, (reasonable use and wear thereof, and damage by fire or tempest only excepted); And also that it shall be lawful for the said lessor, heirs and assigns, twice or oftener in every year during the said term, to enter upon the said demised premises, to view the state and condition of the same, and that the said lessee, executors, admin- istrators or assigns, will repair the same according to notice : and also shall not nor will, at any time during the said term, assign, transfer or sublet the said premises hereby demised without the license and consent of the said lessor, heirs or assigns, in writing, for that pur- pose first had and obtained. 1 CONVEYANCER. 235 8, and Lt any •ails or or for ow any ; And lie said red the id or to finding ■ for the so many equisite, hundred a fence > jr sooner tly leave heirs, in such oable use pest only the said r in every the said ndition of rs, adrain- 3ording to me during d premises ent of the )r that pur- Provided always, tliat if the said yearly rent hereby reserved, or any part thereof, shall be in arrear for twenty-one days after any one of the days appointed for payment thereof as aforesaid, whether the same shall be lawfully demanded or not ; or if the said lessee, executors, administrators or assigns, shall assign or sub- let the said premises without such license as aforesaid ; or in case of broach of any of the covenants herein con- tained; then and in any of the said cases it shall be lawful for the said lessor, heirs or assigns, into or u[ m the said premises, or any part thereof in the name of the whole, to re-enter, and the same to have again, repossess and enjoy as in his and their first and former estate ; and the said lessee, executors, administra- tors and assigns, and all persons claiming under thereout to expel, put out and remove, anything herein- before contained to the contrary notwithstanding ; And the said lessor do hereby, for heirs and assigns, covenant, promise and agree to and with the said lessee, executors, administrators and assigns, that he and they paying the said rent, and performing the covenants herein contained on and their parts, shall and may peaceably and quietly enjoy the said piemiscs during the said term, without any molestation, hindrance, or disturbance of, from, or by the said lessor, heirs or assigns, or any other person claiming under him or them. In Witness, ttc. Signed, Sealed, &,c. : It ) ij 230 I 11 'I THE CANADIAN FARMING LEASE. {Anuther Form.) Tins Indenture, made the day of A.D. 18 , Between A. 15. of yeoman, of the ono part, and C. D. of yeoman, of the other part, WITNESSETH, that for and in consideration of the rent, covenants, conditions and agreements hereinafter reserv- ed and contained, and which on the part and behalf of the said C. D., his executors, administrators and assigns, are or ought to bo paid, done and performed, the said A. B. hath demised, leased, set, and to farm let, and by these presents doth demise, lease, set and to farm let, unto the said C. D., his executors and administrators, all that parcel or tract of land, Szq. (jhscribing the lot,') together with the frame dwelling-house, barns, stables, and other out-houses thereupon erected, standing and being, together with all ways, paths, passages, waters, water- courses, privileges, advantages and appurtenances whatsoever, to the same premises belonging, or in any- wise appertaining. To have and to hold the said parcel or tract of land, dwelling-house, buildings and premises hereby demised unto the said C. D.. his executors, administrators and assigns, from the day of the date of these presents, for an4 during and until the full end and term of years from thence next ensuing, and fully to bo complete and ended; Yielding and paying therefor yearly, and every year during the said term hereby granted, unto the said A. B. his heirs and assigns, the yearly rent or sum of of lawful current money of Canada (by two equal half-yearly payments, to be made on the day of and the ' day of ) in each and every year during the said term, without any deduc 1 CONVEYANCER. 237 A.D. the Olio r part, le rent, rcserv- 3half of assigns, the said , and by farm let, istrators, the lot,') , stables, ling and ;, waters, [•tenances r in any- lid parcel premises 'xecutors, le date of 1 end and and fully (t tberefor m hereby jsigns, the money of ,0 be made ) in each any deduC' tion ©r abatement thereout, for or upon any account or pretence whatsoever. And the said C. D. doth hereby for himself, his heirs, executors, administrators and assigns, covenant, promise, and agree to and with the said A. 13., his heirs and assigns, in manner following (that is to say), that he the said C. 1)., his executors, administrators and assigns, shall and will well and truly pay, or cause to be paid, unto the said A. 13., his heirs and assigns, the said yearly rent of by equal half-yearly payments, on or at the days or times, and in the manner liereinbefore mentioned and appointed for payment thereof. And also that he the said C. D., his executors, administra- tors and assigns, shall and will at his and their own costs and charges, well and sufficiently repair and keep repair- ed, the dwelling-house, buildings, fences, and gates now erected, or which shall at any time or times hereafter during the said term be erected upon the said demised premises, he the said A.* 13., his heirs and assigns, upon request and notice to them made, finding and allowing on the said premises, or within miles distance thereof, all rough timber, brick, lime, tiles, and all other mate- rials whatsoever, (except straw) for doing thereof, to bo carried to the said hereby demised premises, at the charge of the said C. D. , his executors, administrators, or assigns, or otherwise permitting or allowing him or them, at their like costs and charges, to cut and fel} such and so many timber trees upon some part of the premises hereby demised, as shall be requisite and neces- sary for the purpose (damage happening by accidental fire, tempest, or other inevitable accident being always exceptedj. And further, that he the said 0. 1)., his executors, administ'^ators and assigns, shall and will ut 238 THE CANADIAN ^i li-"; ; all times duilrif]; the said term, cultivate and farm such part or parts of the said lands and premises as now are or shall hereafter be broup:ht into cultivation durin<^ the isaid term, in a proper husbandlike manner. And shall and will at the expiration or other sooner determi nation of this lease, peaceably and quietly leave, surrender and yield up unto the said A. }*., his heirs and assi!:;ns, the whole of the said premises hereby demised, in sucli good and suflScient repair as aforesaid (reasonable use and wear thereof and damage by accidental fire, tempest or other inevitable accident as aforesaid, always excep- ted) ; And also, that it shall and may be lawful to and for the said A. B., his keirs and assigns, after six days previous notice in writing, twice or oftener in every year '.^uring the said term, at seasonable and convenient times in the day, to enter and come into and upon tlie said demised premises, or any part thereof, to view the con- dition of the same, and of all defects and wants of reparation and amendment which shall then and there be found, to leave notice in writing at the said demised premises to or for the said C. D., his executors admini- strators, or assigns, to repair and amend the same within the space of three calendar months. And the said C. D. doth hereby for himself his execi;tors, administrators and assigns, covenant, promise and agree to and with the said A. B., his heirs and assigns, tliat ho, the* said C. D., his executors, adn^nistrators, or assigns, bhall and will, within three calendar months next after every and any such notice, shall have been so given or left as aforesaid, well and sufficiently repair and :niuMid the same accordingly, (except as before excepted, and upon being provided or allowed materials for the sanjo as aforesaid). And also that he, the said C. D. , his execu- CONVEYANCER. 239 the* tors, nJmini.strator?, or assijrna, shall not, nor will at any time durinjj; the said term, pull down, or cause, or permit to be pulled down, or make, or cau.sc, or permit io bo made, any alteration by cutting new doors ways or otherwise, in the said dwellinir-hou.se, or in any of the buildings upon the said demised premises, without the consent in writing of the said A. 13., his heirs, or assigns, for tliat purpose first had and obtained; And moreover, shall not, nor will at any time during the continuance of this demise, barirain, sell, assign, transfer or set over this indenture of lease, or let, set, demise, underlease, or underlet the said dwelling-house and premises hereby demised, or any part thereof, or in any other manner part with this indenture of lease, or tho possession or occupation of the premises hereby demised, without such license and cocsent as aforesaid. Pro- vided always, nevertheless, and these presents are upon this express condition, that if the said year' rent or Bum of hereby reserved, or any part thereof, shall be unpaid in part or in all by the space of twenty-one days next after either of the day.s-on which the same ought to be paid as aforesaid, being lawfully demanded j or in case the said C. D.. his executora, or administrators, ehall at any time during the said term hereby granted, without such license as aforesaid, a-ssign, tnmsfer, or set over, underlease, or underlet, the premises hereby de- mised, or any part thereof, or in anv other manner part with the possession or occupation of the same, or any part thereof; or if all, or any of the covenants, condi- tions or agreements in these presents contained, on the part and behalf of the said C. D., his executors, admini- strators and assigns, shall not be performed, fulfilled, and kept according to the true intent and meaning of t'i 240 THE CANADIAN il these presents, then and from thenceforth, in any or cither of the said cases, it shall and may be lawful to and for the said A. B., his heirs and assigns, into and upon the said demised premises, or any part thereof, in the name of the whole, wholly to re-enter, and the same to have again, retain, repossess and enjoy, as in his or their first or former estate, and thereout and from thence the said C. D., his executors, administrators and assigns, and all other occupiers of the said premises, to expel, put out and remove, this indenture or anything herein. before contained to the contrary thereof in anywise, not- withstanding. And the said A. B. doth hereby for himself, his heirp, executors administrators and assigns, covenant promise and agree, with and to the said C. D., his executors, administrators and assigns, that he, the said C. D., his executors, administrators and assigns, well and truly paying the said yearly rent hereby reserved, on the days and in the manner hereinbefore appointed for payment thereof, and observing, keeping and performing, all and singular the covenants and agreements in these presents contained, and which on his sind their parts and behalves, are and ought to bo paid, kept, done and performed, shall and lawfully may, peaceably and quietly have, hold, use, occupy, possess and enjoy, the said demised premises and every part and parcel thereof, with the appurtenances, during all the said term of years hereby granted, without any lawful let, suit, trouble, interruption, eviction, molesta- tion, hindrance, or denial, of or by him the said A. B., his heirs, or assigns, or of, from, or by any other per- son or persons claiming, or to claim, from, by, or under him, them, or any or either of them. In Witness, &q. If any or rful to to and •eof, in le same I his or thence assigns, ) expel, herein- ise, not- :eby for assigns, d C. D., 1 he, the assigns, b hereby 3inbefore ^ keeping ants and «rhich on ht to bo I uUy may, y, possess jvery part during all Lthout any raolesta- aid A. B., other pcr- , or undi^r CONVEYANCER. LEASE. {Short Form under Statute.) 241 » ^ilis Indenture, made the day of A. D, 18 , in pursuance of the Act respecting short forms of leases : Between of the first part j and of the second part; witnesscth, that in consideration of the yearly rents, covenants and conditions hereinafter respectively reserved and contained by the said lessee, executors, administrators and assigns, to bo respectively paid, observed and performed, the said lessor ha demised and leased, and by these presents do demise and lease, unto the said lessee all th cer- tain parcel or tract of land and promises situate, lying and being in the Together with all the rights, members and appurte- nances yrhatsoever to the said premises belonging or appertaining : To have and to hold the said hereby demised premises, with their appurtenances, unto the said lessee, executors, administrators and assigns for the term of years, to be computed from the day of A. D. 18 . Yielding and Paying therefor, unto the said lessor, heirs or assigns the clear yearly rent or sum of of lawful njoney of Canada, in even portions, on the days of in each and evey year dur- ing the continuance of the said term, without any deduction, defalcation or abatement whatsoever ; tlie first payment to be made on the day of And the said lessee for heirs, executors, ad- ministrators and assigns, hereby covenant with the said lessor heirs and assigns, to pay rent, and to w tHE CANADIAN' \\m pay taxes, and to repair ; and to keep up fences, and not to cut down timber : and that the said lessor may enter and view 'state of repair; and that the said lessee will repair according; to notice ; and will not '•^sign or sub-let without leave ; and will not carry on any business that shall be deemed a nuisance on the said premises ; and that will leave the premises in good repair. And also, that if the term hereby granted shall be at any time seized or token in execution, or in attach- ment by any creditor of the said IcSoce or if the 'd lessee shall make any assignment for the benefit of creditors; or, becoming bankrupt or insolvent, shall take the benefit of any Act that may be in force for bankrupt or insolvent debtors, the then current quarter's rent shall immediately become due and payable, and the said term shall immediately become forfeited and void. Proviso for re-entry by the ^aid lessor on non- payment of rent, whether lawfully demanded or not, or on non-performance of covenants, or seizure, or forfei- ture of the said term for any of the causes aforesaid. The said lessor covenant with the said lessee for quiet enjoyment. In Witness, &c. * Signed, Sealed, (kc. -•— ^ LEASE OF OIL AND MINING LANDS. (Here display title of Company in larger type than remainder oj document, to comply with requirements of Act.) This Indenture, made the day of A. J). 18 . Between of the first part ; and - of the second part : - ' COKVEYANCER. 243 WiTNESStiTU, that the said party of the first part doth hereby grant and demise unto the said parties of the second part, their successors and assigns, all rock oil or petroleum, salt, metals, mineral and vegetable substances and deposits, to be found within the limits of th certain tract or parcel of land situate, I}'ing and being With full and free liberty for them, their successors, assigns or lessees, and their agents, servants and work- men, to search for, procure, refine and make merchant- able all such oil, salt, metals, mineral or vegetable sub- stances and deposits, and to dig, bore, sink, open and work any wells, shafts or mines within the said limits 3 And to make, erect, maintain and carry on all buildings, machinery, works and operations which they may think necessary or advisable, for searching for, procuring, refining or making merchantable such* oil, salt, metals, mineral or vegetable substances and deposits, and to per- pare for removal and to remove the same from the said limits ; Together with all such right of way on and over the lands of the said party of the first part as may be necessary for the convenient exercise of such rights ; To hold the said premises hereby demised unto the said parties of the second part, their successors and assigns, henceforth for the term of years ; Rendering there- for to the said party of the first part, bis heirs and assigns, of all the rock oil or petroleum, salt, metals, mineral or vegetable substances or deposits which the said parties of the second part, their successors, assigns or lessees, or their agents, servants or workmen, shall from time to time procure within the said limits; And which is to be delivered and received at the wells, shafts or mines from which the same is procured, i*f '■. t 244 THE CANAblA!^ in barrels, tanks or other proper receptacles, to be pro-' vided by the said party of the first part, his heirs of assigns ; And to be so delivered by the said parties of the second part, their successors, assigns or lessees, when from time to time so preparing for removal their own portions thereof : Provided always, and this demise is on the express condition that the said parties of the second part shall actually and bona-fide commence operations within the said limits for the purposes aforesaid, or in actual and bona-fide preparation therefor, within years from the date hereof, and shall withiii years from the date hereof have found oil, salt, metals, mineral or vegetable substances or deposits, and shall have one or more wells, shafts or mines producing the same in actual operation within the said limits; And shall not, after so commencing operations, abandon or suspend the same for longer than at any time; And that on failure so to commence operations within such years, or in case of abandon- ing or suspending such operations for more than at cny time, or on failure to find oil, salt, metals, mineral or vegetable substances or deposits, and have one or more wells, shafts or mines producing the same in actual operation within the said limits within years from the date hereof, This demise, and the term hereby created, shall thereupon cease and determine, and these presents shall become and be null and void, both at law and in equity, and to all intents and purposes, except as to any covenant or covenants in respect of which cither party may then have any claim against the other. And Provided eurtiier, that whenever the said party of the second part, their successors, assigns or lessees, shall discover oil, salt, metiils, mineral or other m CONVEYANCER. 245 Other vegetable substances or deposits, and shall decide to work any well, shaft or mine producing the same, it shall be lawful for them to take exclusive possession of as much land within the said limits as thcv shall consider necessary for the convenient working of each well, shaft or mine, and for the erection of buildings or other works, and carrying on all operations connected there- with ; But not more than half an acre of land shall be so taken possession of in connection with any one oil well; And if for the purpose of any well, shaft or mine pro- ducing any of the substances aforesaid other than oil, they consider it necessary to take possession of more than half an acre of land, they shall be liable to pay a money rent for the excess over such half acre, the amount and time of payment, if not agreed upon, to be fixed by the award of three arbitrators, one to be appointed by each party, and the third by such two, the award of any two of whom shall be binding; And when such land shall have been so taken exclusive possession of, these presents shall frotn thenceforth, and so long as such well, shaft or mine shall continue to be actually worked, and such land to be used in connection there- with and for the purposes thereof, but no longer, be read and construed with reference thereto, and in case of such money rent being fixed, shall also be read and construed with reference to liuch rent, as if the land so taken possession of had been herein expressly demised to the said parties of the second part, their successors and assigns, or to their lessees, for the residue of the term hereby created, and as if such money rent had been herein expressly reserved and made payable at such times and in such sums as shall bo so agreed or awarded. 21 ^11 246 TlIK CANADIAN ir!' ; 'li 'ii And Provided also, that (utjloss by consent) it Bhall not be lawful fo the said parties of the pccond part, their successors or assiij^ns, or their lessees, ajrcnts, Horvants or workmen, to enter upon or take possession of any portion f>f the land of the said party of the first p:^''fc, his heirs or assi;j;ns, without having first ^iven to him or them, or left for him or them at his or their last or most usual place of abode or business, or mailed to his or their address in case he or they reside out of the Township in which such land lies, at leasfone week's notice, mentioning the part of the land intended so to bo entered upon or taken possession of. And Provided also, that the parties of the second part, their successors, assigns or lessees, shall make com- pensation to the party of the first part, his heirs or assigns, for all damage done by them to the buildings, growing timber or crops, upon any land upon which they may so enter; the amount of which compensation, if not agreed upon between the parties, shall be settled by arbitration, in the manner aforesaid. And the said parties of the second part, for them- selves, their successors and assigns, and for their lessees, covenant with the said party of the first part, his heirs and assigns, that they will, in carrying on their opera- tions aforesaid, do no unnecessary damage to the build- ings, timber, crops or other property of the said party of the first part, his heirs or assigns; And that for all damage necessarily done to any buildings, timber or crops upon the land entered upon in pursuance of these presents they will make compensation in manner afore- said ; And that they will duly pay the rent reserved as aforesaid, by paying the money rent aforesaid in all cases where the same shall be agreed upon or awarded in man- CONVEYANCEU. 2-17 ) it lond ision • the ;ivon thoiv .ailed ut of 'cck's so to econd R coni- ;irs or [dings, wbicb sation, settled them- essecp, heirs opera- build- i p»rty for all mber or of these afore- jrved a^ all cases in man- nc aforesaid, and delivering in niannerafurcsaid at each well, shaft or mine producing oil, salt, uietals, mineral or vegetable substances or deposits within the limits aibresaid, and worked under the said demise, of sucli produce ; Provided, that the said party of tiie first part, his heirs or assigns, provide barrels, tanks or other proper receptacles, in good order, and sufficient for the reception thereof;* And that so long as such barrels, tanks, or other proper good and sufficient receptacles arc provided, they will not remove any such produce from any such well, shaft or mine without at the same time setting apart and delivering as aforesaid for the said party of the first part, his heirs or assigns ; And that if they shall during the said term cease to work any well, shaft or mine, or to occupy in connection there- with, or for the purposes thereof, any land of which they shall have taken exclusive possession, for the pur- poses thereof, under the provisions aforesaid in that be- half, they will immediately upon so ceasing to work such well, shaft or mine, or so to occupy such land, peace- ably and quietly restore and deliver up possession, of such land to the said party of the first part, his heirs or assigns ; And that at the expiration or other sooner determination of the said term they will peaceably and quietly retire from the occupation and possession of all land occupied by virtue hereof, and deliver and yield up possession to the said party of the first part, his heirs or assigns, of all the land within the limits aforesaid. And that it shall be lawful for the said party of the first part, his heirs or assigns, or his or their duly author- ized agent, at all times during the said term to enter upon any of the land so occupied by the parties of tho second part, tbeir successors or assigns, or their lessees, I T I I ■;i ill' Win :', 'I Hi: l 248 THE CANADIAN for the purpose of observing the progress of the opera- tions, and ascertaining the quantity of oil or other sub- stances produced, and of receiving and removing the oil of other substances delivered as aforesaid by way of rent ; ]?ut so that he or they shall not thereby unnecessarily interfere with or hinder such operations. And the said party of the first part, for himself, his heirs, executors, administrators and assigns, covenants with the said parties of the second part, their successors, assigns and lessees, that they shall and may peaceably and quietly hold, use, exercise and enjoy all and singular the rights, powers, privileges and other the premises hereby granted and demised, or intended so to be, dur- ing the term aforesaid, without any lawful let, suit, trouble, denial, molestation or disturbance whatsoever, of from or by the said party of the first part, his heirs or assigns, or any other person or persons whomsoever. And it is hereby declared and agreed, that if the said parties of the second part, their successors, assigns or lessees, shall fail to pay any money rent agreed upon, or awarded in manner aforesaid, the said party of the first part, his heirs or assigns, shall have all the usual remedies of landlords for the recovery thereof ; and that for the purpose of distress such money rent shall be deemed to be payable in respect of all the land occupied at or in connection with such well, shaft or mine, and not only in respect of the excess over half-an-acre ; and that if the said parties of the second part, their successors, assigns or lessees, shall not duly deliver to the said party of the first gart, his heirs or assigns, in manner aforesaid, the said of the produce of any such well, shaft or mine ; but shall remove the same without having set apart such it shall be lawful for CONVEVANCDU. 241) gub- jc oil •cut ; jaiily f, bi3 nants issors, •eably igular 3inise3 J, dur- t, suit, soever, s beira soever. if tbe assigns J upon, of tbe usual md tbat jball be (ccupied ine, and ain-acre ; irt, tbeir 2Uver to assigns, ;e of any lie same awful for le the said party of the first part, his heirs or assigns, to stop, seize and distrain all oil or other such produce, goods and ehattels. at or about any such works or within the said limits ; but not any machinery or iixtures used in or necessary to the carrying on of operations thereat; and to remove the same, or to retain possession of tl»e same without removing the same; and if the said par- ties of the second part, tlieir successors, assigns, or lessees, shall not sooner deliver, in manner aforesaid, the quantity of oil or other produce then duo, and also pay the costs of such distress, at the rate allowed by law on distresses by landlords for rent in arrear, may proceed to sell the same, or any part thereof ; first giving eight days' notice of such sale by printed or written notices, put up in at least three conspicuous places in the neighbourhood ; and may pay himself or themselves, besides the expenses of such distress and sale at the rate aforesaid, such sum as the oil or other produce in arrear would be worth at the highest market price at any time since the default, which amount, if not agreed upon, shall be settled by arbitration, in manner aforesaid, and which arbitration may be held as well after as before such sale ; and the expenses of and connected with such arbitration shall be added to and form part of the expenses of the distress; and the party or parties so distraining shall not be liable, as for an excessive distress by reason of seizing or selling more than shall be necessary to satisfy such rent and charges; but the surplus, if any, shall be returned to the parties of the second part, their successors, assigns or lessees. Provided, however, that in case the said party of the first part, his heirs or assigns, shall not at any time mn 250 THE CANADIAN have at any such well, shaft or mine a sufficlcot supply of barrel'^, tanks or other proper receptacles, in , at the well or wells, in barrels or casks to be provided by the said lessors at least before, at the end of every and to be the part of all the petroleum, oil, salt or other substance, as had been obtained during the preceding And the said lessee covenants with the said lessors, that he the said lessee, his heirs, assigns, employees or lessees, will commence operations for obtaining such oil or other substance on the premises hereby demised within days from the date hereof, and will commence to put down at least one well on the said premises within the said days, and erect an engine house or houses, derrick or derricks, and all things necessary for the same, and will continue and prosecute the said well or wells with all earnest zeal, diligence and vigor unto completion, and until the said well or wells shall have been well and properly tested j And that the said lessors, their agents or assigns, may have access at any and all times to the books and records of the said well or wells. And the said lessors covenant with the said lessee for quiet enjoyment; And that the said lessee, his executors, administrators and assigns, may have the right at all times during the term hereby created, of ingress and egress in, upon, from , ^ out of the said premises hereby demised, with jv their servants, cattle, waggons, horses, carts and hi- des, The said lessee o(^'enants with the sior Adu il ^1 11 tONVEVAS-CEK. 253 i^ [\e )n- •ed or ib>- very , oil, 8 for 3U\iscs levcof, on tlie cct an nd all e and t zeal, d until iToperly ssigns, (ks and lessors f, And lors and le term j id ^^'^- rith tlie ^aid lessors to pay rent and to pay taxes upon tlio said demised premises Proviso for ro-entry by the Baid lessors on nonpay- ment of rents and royalties or non-performance of cove- nants or any of them. In Witness, &c. Signed, Sealed, &c. LEASE OF PART OF A HOUSE. Memorandum of an agreement made and entered into the day of 18 , by and between A. B., of and C. D., of, &c. j whereby the said A. B. agrees to let, and the said C. D. agrees to take the rooms or apartments following, that is to say : being part of a house and premises in which the said A. B. now resides, situate and being No. , in street, in the city of To have and to hold the said rooms and apartments, for and during the term of half-a- year, to commence from the day of instant, at and for the yearly rent of lawful money of Canada, pay- able monthly, by even and equal portions, the first pay- ment to be made on the day of next ensuing the date hereof; and it is further agreed, that, at the expiration of the said term of half-a-year, the said C D. may hold, occupy and enjoy the said rooms or apart- ments from month to month for so long a time as the ' ti'l C. D. and A. B. shall agree, at the rent above spe- cified ; and that each party be at liberty to quit posses- sior on giving the other a month's notice in writing. And it is also further agreed, that when the said C. D. shall quit the premises, he shall leave them in as good ^2 254 rm: Canadian condition and repair as they shall be in on his taking possession thereof, reasonable wear excepted. In Witness, &c. LETTER OF LICENSE. !; ! To ALL TO WHOM THESE PRESENTS SHALL COME, we, who huvc hereunto subscribed our names and aflSxed our seals, creditors of I. B., of .send greeting: Whereas the said L B., on the day of the date hereof, h indebted unto us, the several creditors hereunder named, in divers sums of money, which at present he is not able to pay and satisfy, without respite and time to be given him for payment thereof: Know ye, therefore, that we, the said several creditors, and each and every of us, at the particular request of the said I. B., have given and granted, and by these our present letters do give and grant, unto the said I. B., full and free liberty, license, power and authority to go about, attend, follow and negotiate any affairs, business matters or things whatsoever, or at any place or places whatsoever, with- out any let, suit, trouble, arrest, attachment, or any other impediment to be offered or done unto the said I. B., his wares, goods, moneys or other effects whatso- ever, by us or any of us, or by the heirs, executors, administrators, partners or'"assigns of us or any of us, or by our or any of our means or procurement, to be sought, attempted or procured to be done, for and during months next and immediately ensuing the day of the date hereof. And further, we the said creditors hereunder subscribed, do and each of us doth covenant and grant, for ourt>elves, our heirs, cxeciitor.s, admini.s- trators and assigns, respectively, and not jointly, or one js U CUNVEVASCKK. 25d for anotlicr, or for the licir^i, executors, adnHiii>tr;itori5 or assiiins of each other, to and with the said I. U., that we or any of us, our heirs, executors, aduiiuistrators or ai^bigtis, or any of them, shtdl not nor will duiinj^' the time aforesaid, sue, arrest, attach or prosecute the said T. B. for or on account of our respective de])ts, or any part thereof; and that, if any hurt, trouble, wronir, damage or hindrance be done unto the said I. B., either in body, goods or chattels, within the aforesaid term of next ensuing the date hereof, by us or any of us tlie said creditors, or by any person or persons, by or through the procurement or consent of us or any of us, contrary to the true intent and meaning of these pic- sents, then the said I. B., by virtue hereof, shall be dis- charged and acquitted forever, against such of us the said creditors, his and- their heirs, executors, administra- tors or assigns, by whom and by whose will, means or procurement be shall be arrested, attached, imprisoned or damaged, of all manner of actions, suits, deeds, debts, charges, sum and sums of money, claims and demands whatsoever, from the beginning of the world to the day of the date hereof. In "Witness, &c. MORTGAGE IN FEE. This Indentuke, made the day of A.D. 18 . Between of the first part wife of the said party of the first part, of the second part, and of the third part, Witxesseth, that the said party of the first part, in consideration of the sum of of lawful money of Canada, to him by the said part of the third part in hand paid at or before the 256 THE CANADIAN sealing and delivery of these presents, (the receipt whereof is hereby acknowledged), doth grant, bargain, Bell, release, convey and confirm, unto the said part of the third part, heirs and assigns, All and singular that certain tract of land and premises, situate, lying and being Together with the appurtenances, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, in- terest, use, triist, claim, property and demand, both at law and in equity, of him, the said party of the first part, of, in, to, or out of the same. To have and to hold the said lands, tenements, here- ditaments, and premises, and all and singular other the premises hereby conveyed, or intended so to be, with the appurtenances, unto the said part of the third part heirs and assigns, to the sole and Only use of the said part of the third part, heirs and assigns for ever; subject to the reservations, limitations, pro- visoes and conditions expressed in the original grant thereof from the Crown. [^Here insert release of dower hy ?(»//r ofpii- tably cla'nnin;^ any estate or interest in ilu; preniisi-s, will at all times, at the request of the said part of the third part, heirs', executors, adnnnistrators en* assii^ns, hut at the cost of the said part of the first part, heirs, executors or administrators, execute and do all such assurances and acts, for further or better assurinu; all or any of the said premises to the use of the said part of the third part, heirs and assijj^ns, in uianner aforesaid, as by him or them sliall be reasonably required. Provided lastly, and it is hereby declared and a![];recd, that until default shall bo made in payment of the said principal money secured by these presents, or the inte- rest thereof, or any part thereof respectively, contrary to the form and effect of the proviso and covenant for payment of the same hereinbefore contained, it shall bo lawful for the said part of the first part, heirs or assigns, to hold and enjoy, and to receive the rents and profits of, the said hereditaments and premises, without any eviction, claim or demand whatsoever, from or by the said part of the third part, heirs or assigns, or from or by any person rightfully claiming under hiiu or them. In Witness, kc. ' ' Signed, Sealed, ».\:,g. RECEIPT. Rkceivei), on the day of the date of this jMorrgnge, from the party thereto of the third part, the sum of being the full consideration money therein nientiorKid. Witness; 204 THE CANADIAN I vpi i Covenant, to he talcen as part and parcel of the within Indenture of Mortgage^ and to he treated and con- strued in all respects as if inserted therein. The within named part of the first part, for heirs, executors and administrators, do hereby covO' nant to and with the within named part of the third part, executors, administrators and assigns, in manner following, that is to say, that the said part of the first part, executors, administrators and assigns, will, so long as any money shall remain on this present security, keep all the messuages and build-^ ings upon the hereditaments and premises hereby granted insured against loss or damage by fire, in some reputable British or Canadian insurance ofl&ce, to be approved of by the said part of the third part, executors, administrators or assigns, in the sum of at least, and will duly and punctually pay all premiums and sums of money necessary for si^ch pur- pose, and will forthwith assign and deliver to the said part of the third part, executors, administrators and assigns, the policy or policies of such insurance and the receipt for every such payment. And also, that if default shall be made in keeping the said premises so insured, it shall be lawful for, but not incumbent on the said part of the third part, executors, administra- tors or assigns, out of or their own moneys, to insure and keep insured the said premises in any sum not exceeding and that the said part of the first part, executors, administrators or assigns, will repay to the said part .of the third part, execu- tors, administrators or assigns, all moneys expended for that purpose by or them, with interest thereon, at the rate aforesaid, from the time of the same respectively CONVEY AN CEU. 265 liaving been advanced or paid, and that, until such repayment, the same shall be a further charge upon the said premises hereinbefore expressed to bo hereby granted. And it is hereby declared that all sums of money to be received in respect of such policy or poli- cies of insurance shall be received by the said part of the third part, executors, administrators or assigns, and be held by him or them in trust, for better secur- ing the repayment of the said principal money secured by these presents, and the interest thereof, and any moneys which shall have been paid or expended by him or them in and about such insurance and insurancesj and interest thereon as aforesaid ; and subject thereto, IN TRUST for the said part of the first part, exe- cutors, administrators and assigns. In witness whereof the said part of the first part ha hereunto set hand and seal , this day of A.D. 18 . Sijrned, Sealed, &c. STATUTORY MOllTGAGE—P. S. This Indenture, made (in duplicate) the day of A. D. 18 , in pursuance of the Act respecting Short Forms of Mortgages : Between of the first part, wife of the said party of the first part of the second part, and of the third part, WiXNESSKTit, that in consideration of of lawful money of Canada, now paid by the said mort- gagee to the said mortgagor (the receipt whereof is hereby acknowledged) the said mortgagor do grant and mortgage unto the said mortgagee heirs and assigns for ever, All and singular, th certain parcel m 'J HO nil; CANAUIAW (If tract (if laml and ])Voriiist'« ^ituati! Iviiii:; and bciii^ l'll(iVll)Kl> this inoi't^af^u to be void on payiiKiiit of of lawful money of Canada, \\itl» int(;rc.st at jior cent, jior aninNu a.< f(dlows : and taxes and porforniaiiue cd' statute labor. The said liiort'iaj^or (lovcii.mt with tin; said niort- •raixce that the ui()rtL^aervc the above proviso. Tlmt the mortgai^or ha a good title in fee ,sin)jde to the said lands. And that ho ha the right to con- vey the said lands to the said mortgagijc . AihI tliat on default the mortgagee shall have «|aiet possession of the said lands, free from all ineunilranccs. And that the said mortgagor will eKeeiitc sueh further assurances of the said lands as ma}' be recjuisitc. And «'lso that the said mortgagor will produce the title deeds enumerated and allow copies to be made at the expense of the mortgagee. And that the said mort- gagor lia done no act to incumber the said lands. And that the said mortgagor will insure the buildings on the said lands to the amount of not less than dollars currency. And the said mortgagor do release to the said mortgagee all claims upon the said lands, subject to the said proviso. Provided that the said mortgagee on default of payment for month may on notice, enter upon and lease or sell the said hnids. Provided that the mortgagee may distrain for arrears of interest. Pro- vided that in default of the payment ot the interest hereby secured, the principal hereby secured shall become payable. Provided that until default of pay- tl S£ si| sii sal sol af is I T CONVLVANfKK. 2»;y incut tlo said party of tl;c first part hereby bars hor Djwcr in the said hinds. Tn Witness, &e. Sij^iicd, Scaled, &c. Keceivkd, on the date hereof, from the said ijiort- i»agco the sum of bein;; the full consideration herein mentioned. Witness, —4 — MOUmAGK IN FEE, BY WAY OF FUHriiHIl CIIAHGE. This Indenture, made the day of A. D. 18 : Between A. ]3., of of the first part, and C. D. of of the second part ; Whereas by an indenture of mortgage bearing date the day of A.D. 18 , and made between the said A. B. of the first part his wife of the second part, and the said C. D. of the third part; In consideration of the sura of then advanced, lent and paid by the said C. D. to the said A. B., he the said A. B. did grant unto the said C. D., his heirs and a-ssigns for ever, all and singular that certain parcel or tract of land and premises situate, lying and being in the To hold unto the said C. D., his heirs and assigns, to and for his and their sole and only use for ever, subject to the piuviso therein- after contained for redemption of the said premises on payment by the said A. B., his heirs, executors, admin- istrators or assigns, unto the said C. D., his executors, i iT'iMI'lffffl 268 thte CANAt'lAk administrators or assigns, of the said sum of with interest thereon, at six per cent, per annum, at the times and in manner therein mentioned. And whereas the said wife of the said A. B., has since departed this life. And whereas the said principal sum of still remains due and owing to the said (' D., upon the security of the said indenture of mortgage, but all interest thereon hath been duly paid and satisfied up to the day of the date of these presents. And whereas the said A. B., having occasion for the further sura of hath applied to and requested the said C. D. to lend him the same, which he hath consented and agreed to do on having the repayment thereof, With interest, secured in manner hereinafter mentioned. Now THIS Indenture witnesskth, that in pursuance of the said agreement and in consideration of the sura of of lawful money of Canada, tlAs day lent, advanced and paid by the said 0. D., to the said A. B. (the receipt whereof the said A. B. doth hereby acknowledge and therefrom discharge the said C. D., his heirs, executors, administrators and assigns for ever, by these presents) j lie the said A. B. doth hereby for himself, his heirs, executors and admibistrators, (., cnant, promise and agree to and with the said C. D., his executors, admini- strators and assigns, that all and singular the said free- hold messuages or tenements, land, hereditaments and premises comprised in and conveyed by the hereinbefore recited Indenture of Mortgage with the appurtci.ances, shall from henceforth stand and be charged and charge- able with, and be subject and liable to, and shall continue and remain vested in, the said C. D., his heirs and assigns, for securing the repayment as well of the said sum of with interest from the date hereof at the rate, <(»nvlyanci:k. 20!) heirs, 3 and Imini- 1 frcc- s and before anccs, ihargo- Intiuuc and ic said Ic rate, upon tlic times and in nmnner in tlio covciuuit tjf tlio said A. Vi., hereinafter contained, specified and sot forth as of the said sum of and interest ])y the said In- denture of Mortiraizc secured and made payahk^, an>l that the said premises or any part tlicreof shall not be redeemed or redeemable at law or in equity (or other- wise) until full payment to. the said (M)., his executors, administrators or assigns not only of the said principal sum of so lent and advanced and secured by the hereinbefore recited Indenture of IMort;7'!rc as aforesaid, and the interest to become duo thereon ivspcctively, but also of the said principal sum of this day lent advanced and paid as aforesaid, and the interest thereof, accordiiiu^ to the covenant hereinafter contained, any- thing; in the hereiid)ftforc recited Indenture of Mortga^'e to the contrnry thereof notwithstandini^. And the said A. 1^., (V.tli lieroby for himself, his heirs, executors and adiiilnistrutors, further covenant promise and agree to and with said (J. D., his executors administrators and assigns that he, the said A. ]'., his heirs, executors, administrators or assigns, shall and will on or before the day of which will bo A. 1). 18 well and truly pay or cause to bo paid unto the said C D., his executors, administraior* or assigns, the said sum of together with interest thereon from the date liercof in the meantime, au t' c lato of six per cent, per annum, half yearly on the days of and until the said principal cum is fully paid and sn'tisficd such interest to commence and be compute 1 from the day of the date hereof and the first payment of interest to become duo and be made on the day of next, without any deduction, defalcation or abatement thereout, fur or in respect of any taxes, charges or assessments on the S8 "■ tl iil^zzjZS^^^E 270 THE CANADIAN ^ sail! land and premises, the said sum of money, or the said party of the second part or otlierwise howsoever. A»id it is hereby agreed and declared by and between the said parties liercto, that all and singular the trusts, powers, remedies and provisions by the hereinbefore recited Indenture of Mortgage, given to, or vested in, the said C. D., his heirs, executors, administrators or assigns, shall extend and bo applicable to the securing and paying to the said C. D., his executors, administra- tors and assigns as well of the said sum of and interest, this day lent and advanced, as also of the said sum of and interest thereon as aforesaid. And further, that if default shall he made in payment of the Haid sum of and interest or any part thereof, at the times hereinbefore appointed for payment thereof, he the said A. 13., and his heirs, and all persons claiming any interest in the said premises in trust for him or them, shall and will at the request of the said C. D., his executors, administrators or assigns, make, do, execute and perfect all such further acts and deeds for the better securing the repayment of the said principal sum of and interest, and for more elTcctuully charg- ing the said premises, with the repayment thereof, as by the said 0. 1)., his executors, administrators or awigns, or his or their counsel in the law shall bo reasonably devised, advised, or required. And the said A. B., lastly hereby covenants with the said C D., to insure the said premises in the sum of and assign the policy of insurance in the manner upon the terms and subject to the provisions, conditions and stipulations in every respect in the said recited Indenture of mort- gage, specified and set forth in lieu of the said sum of therein mentioned as to be insured upon the said ^o^^vKYA^•CFR. 271 Is or [I bo saiJ ,to IssigQ Leriu3 tions Inort- lin of said preinii'ef!. In witness whorcof the said parties hereto, have hereunto set their hands and seals. Signed, Sealed, &c. Received on the day of the date hereof, from the 8u' i C. D., the sum of beini^ the full consideration above mentioned. In presence of MOllTGAGE IN FEW TO BUILDING SOCIETY. This Indenture, made in duplicate the day of A.l). 18 in pursuance of the Act respecting short forms of mort. Provided, that if the forcpjoini; covenant shall bo satisfied, the said niurtj^.ij^or, his heirs, executors, admin- istrators and assiijjns, sliall bo entitled, at his or their respective costs, to a re-assignnicnt of the premises hereby assigned. 4. The said mortgagor, for himself, his heirs, execu- tors and administrators, covenants with the said mort- gagee, his executors, administrators and assigns, that lie the said niorturatror is entitled to execute this assii^nment of the premises, free from incumbr: nces, and that he and all necessary parties will, at the cost of his estate, do all acts required for perfecting such assignment, and clTccting the recovery of the premises. 5. The holder or holders of this security may sell or surrender to the said Company the said policy or any policies cfTected in lieu thereof, as hereinafter mentioned, dealing with the same, as regards the purchaser's protec- tion, as absolute owners thereof. G- The said mortgagor, for himself, his heirs, execu- tors and administrators, covenants with the said mort- gagee, his executors, administrators and assigns, that he the said mortgagor, his heirs, executors and administra- tors, will pay interest after the rate aforesaid on all prin- cipal sums continuing secured hereon by two equal half- yearly payments, on tho day of and the day of and will pay the premiums on the said policy when duo, and will do or sufTer nothing whereby the same may become void, voidable or lnp.scd ; and in any such event will, at his own costs, do all acts required to cnal)le a policy in lieu thereof to be cnectcd : And will repay to tho said mortgagee, his executors, administra- 21 1 ta 278 TtfE CANADIAN' tors or assijjjna, on demand, with interest at the nito aforesaid, all costs, charges and expenses incurred by him or them for cfTecting and kcepini^ up the said policy or any policy substituted for the same as aforesaid. 7. Provided, that all tlio covenants herein contained shall apply to any such substituted policy or policies in the same manner as to the premises hereby assigned. In Witnegs, A:c. Signed, itc. MORTGAGE BOND. Know all Men by these Presents, that I, of the of in the county of and Province of am held and iirmly bound to both of the city of Toronto, in the county of York, and Province aforesaid. Esquires, in the sum of of lawful money of Canada, to be paid to the said or to their certain attorney, executors, administrators or assigns; for the payment of which sum, to be well and truly made, I bind- myself, my heirs, executors and administrators, firmly by these presents. Sealed with my seal, dated this day of A.D. IS* Whereas, by Indenture of Mortgage, dated on or about the day of A.D. 18 , and made between of the one part, and the said Trustees as therein mentioned, of the other part, the said for the consideration therein mentioned, did covenant with the said their executors and administrators, that he the said his heirs, executors or administrators, ^^ould pay unto the said or the survivor of them, or the executors or admioijjtrators of such survivor, their or his assigns, rONVEYANCEK. 27:i ()Y to the trustees or trustee for the time beiiu' of the said iMortirtijic, tlio sum of n^» on tiiu til •y u f A.l). 1-S , with interest for the same after the rale of ei^ht per cent, per annum, lialf-yearly in advanee, on the first diiy of April and Outuber in eaeh ye!ir. And whereas, before the execution of tho said 31ort- iraso, the said n"r^^f did re(|uir8 the ?aid and tlic Kaid did then a^reo to become person ally bound fur the due payment of the said interest Now the condition of tiiis obiiLration is r.ueh, that if tl I 10 said lii.s heirs, executors or administrators, f?houhl from time to time and at all times hereafter, during the continuance of tlie said Morti^a^^o, well and truly pay all interest moneys by tho said !Mortf:aji;G secured at the days and times and in manner by tho said 3Iortp:if];c appointed for payment thereof, then this Obligation to be void, otherwise to remain in full force and virtue. Signed, Sealed, Sic. — ♦- — MORTGAGE OF LEASL. Tui3 Indenture, made the day of A.D. 18 , Bktwkex of the first part; and of the second part. Whereas, by an Indenture of lease, bearing date on or about the dav of • A.D. 18 , and made between the said lessor therein named did demise and lease unto the said lessee therein named, esecutors, administrators and assigns, All and singular, th certain parcel or tract of land and premises, situate, lying and being iu the IMAGE EVALUATION TEST TARGET (MT-S) 'L> /. (/ \M^ /- "' ^f /////s> Q. t-?/ y 1.0 I.I 1.25 liM JilM IIIIIM |||m sii mil 2.0 1.4 1.8 1.6 !l V] & /a c-: °1 >v W/ // .J^' 47/ o / /A Photographic Sciences Corporation 23 '.VEST MAIN STREET WEBSTER, NY. 14580 (716) 872-4503 4% t-?/ 280 Tllfc CANADIAN To hold the same, with the appurtcnruices, unto thd said lessee executors, administruto'"', and assigns, from the day of A.D. 18 , for and during the term of years from thence next ensuing, and fully to be completed and ended, at the yearly rent of and under, and subject to the lessee's covenants and agreements in the said Indenture of lease reserved and contained. Now THIS Indenture Witnessetii, that in con- sideration of the sum of of lawful money of Canada, now paid by the said part of the second part to the said part of the first part (the receipt whereof is hereby acknowledged), the said part of the first part do hereby grant, bargain, sell, assign, transfer and set over unto the said part of the second part, execu- tors, administrators and assigns, All and singular the said parcel or tract of land, and all other the premises comprised in, and demised by, the said hereinbefore in part recited Indenture of lease, together with the said Indenture cf lease, and all benefit and advantage to be had or derived therefrom ; To have and to hold the same, together with all houses and other buildings, easements, privileges, and appurtenances thereunto be- longing, or in anywise appertaining unto the said part of the second part, executors, administrators, and assigns, from henceforth for and during all the residue of the said term, granted by the said indenture of lease and for all other, the estate, term, right of renewal (if any), and other the interest of the said part of the first part therein, subject to the payment of the rent and the observance and performance of the lessee's covenants and agreements in the said Indenture of lease reserved and contained. CONVEYANCi:;i. 281 Provided always, that if the said p-^rt of tho first part heirs, executors, or administrators, do, and shall well and truly pay, or cause to be paid unto the said part of the second part, executors, admin- istrators, or assigns, the full sum of with interest i'or the same, at per cent, per annum, on the days and times and in manner following, that is to say : without making any deduction, defalcation, or abate- ment thereout, on any account whatsoever, then these presents, and every clause, covenant, matter and thing herein contained shall cease, determine, and be absor lutely void to all intents and purposes whatsoever, as if the same had never been executed. And the said part of the first part do hereby, for heirs, executors and administrators, covenant, promise and agree, to and with the said part of the second pait, executors, administrators and assigns, in manner following, that is to say : That the said part of the first part, heirs, executors and administrators, or some or one of them, shall and will well and truly pay, or cause to be paid, unto the said part of the second part, executors, administrators, or assigns, the said principal sum and interest in the above proviso mentioned, at the times and in manner hereinbefore appointed for payment thereof, without any deduction or abatement whatsoever, and according to the true intent and meaning of these presents. And that the said hereinbefore in part recited Inden- ture of Lease is, at the time of the sealing and delivery of these presents, a good, valid, and subsisting lease in the law, and not surrendered, forfeited, or become void or voidable ; and that the rent and covenants therein 282 THE CANADIAN reserved and contained, have been duly paid and per- formed by the said part of the first part up to the day of the date hereof. And that the said part of the first part now ha in good right, full power, and lawful and absolute authority to assign the said lands and premises, in man- ner aforesaid, and according to the true intent and mean- ing of these presents. And that in case of default in payment of the said principal money or interest, or any part thereof, contrary to the" proviso and covenant aforesaid, it shall be lawful for the said part of the second part, executors, administrators, and assigns, to enter into and upon and hold and enjoy the said premises for the residue of the term granted by the said Indenture of Lease, and any renewal thereof (if any) for their own use and benefit, without the let, suit, hindrance, interruption, or denial of the said part of the first pirt, executors, administrators, or assigns, or any other persons whomso- ever ; and that free and clear, and freely and clearly acquitted, exonerated, and discharged, or otherwise, by, and at the expense of the said part of the first part, heirs, executors, and administrators, well and efiectually saved, defended, and kept harmless, of, from, and against all former and other gifts, grants, bargains, sales, leases, and other incumbrances whatsoever. And that the said part of the first part, heirs, executors, administrators, and assigns, and all other persons claiming any interest in the said premises, shall and will, from time to time, and at all times hereafter, so long as the said principal sum or any part thereof shall remain due and owing on this security, at the request and costs of the said part of the second part, ffiN'VF.VANCER. 283 executors, administrators, or assigns, make, do, and execute, or cause and procure to be made, done, and executed, all such further assignments and as- surances in the law of the said premises for more effectually assigning and assuring the said premises for the residue of the said term, and any renewal thereof (if any) subject to the proviso aforesaid, as by the said part of the second p:irt executors, adminis- trators, or assigns, or Counsel in the Law shall be reasonably advised or required. And that the said part of the first part, executors, administrators, or assigns, shall and will, from time to time, until default in payment of the said principal sum or the interest thereof, and until the said part of the' second part shall enter into possession of the said premises as aforesaid, well and truly pay, or cause to be paid, the said yearly rent by the said Inden- ture of Lease reserved, and all taxes payable on the said premises, and perform and keep all the lessee's cove- nants and agreements in the said lease contained, and indemnify, and save harmless the said part of the second part therefrom, and from all loss, costs, charges, damages, and expenses in respect thereof. And, also, shall and will, from time to time, and at all times hereafter, so long as the said principal money and interest, or any part thereof shall remain due on this security, insure and keep insured, the buildings erected or to be erected on the land hereby assigned, or any part thereof, against loss or damage by fire, in some one of the public Fire Insurance offices (English or Cana- the full amount hereby secured, at the least; 0, and, at the expense of the said part of the first part, immediately assign the policy, and all benefit thereof, fl I ^1 28d THE CANADIAN to the said part of the second part executors, administrators, and assigns, as additional security for the payment of the principal money and interest hereby secured ; and that in default of such insurance, it shall be lawful for the said part of the second part executors, administrators, or assigns, to effect the same, and the premium or premiums paid therefor, shall be a charge or lien on the said premises hereby assigned, which shall not be redeemed or redeemable until pay- ment thereof, in addition to the said principal money and interest as aforesaid. Provided lastly, that until default in payment of the said principal money and interest hereby secured, it shall be lawful for the said part of the first part executors, administrators, or assigns, to hold, occupy, possess, and enjoy the said lands and premises hereby assigned, with the appurtenances, without any molea- tation interruption, or disturbance, of, from, or by the said part of the second part executors, ad- ministrators, or assigns, or any person or persons claim- ing, or to claim, by, from, through, under, or in trust for him, them, or any of them. In Witness, &c. Signed, Scaled, &c. Received on the date hereof, the sum of being the full consideration above mentioned. In presence of NOTARIAL CERTIFICATES, &c. To ALL TO WHOM THESE Pkesents shall come; I, Mayor of the City of in the of do hereby certify, that on the day of the date (fONVEVANCEK. 285 hereof, personally came and appeared before me the deponent named in the Affidavit hereunto annexed, being a person well-known and worthy of credit, and by Bolcmn oath, which he then took before me, in due form of law, did solemnly and sincerely depose to bo true the several matters and things mentioned and contained in the said Affidavit. In fi\ith and testimony whereof, I the said Mayor have hereunto signed my name, and caused the Corpo- rate Seal of the said City of to be put and affixed. Dated at aforesaid, the day of A.D. 18 , (Signed) Mayor of the said City of \ On this dny of A. D. 18 , To WIT : j came and appeared before me of within named who being duly sworn, maketh oath and saith as follows : — 1. I was pcsonally present and saw of within mentioned duly execute, sign, seal, and deliver the within paper writing or as his act and deed. 2. I am a subscribing witness to the due execution of the said paper writing, or by the said 3. The name *' " set and subscribed there- to as a witness attesting such execution is of the proper handwriting of me, this deponent Sworn before me at the Mansion House, in the City of this day of A. D. 18 . ..ill Mayor (f the safd City ff >8G THE CANADIAN NOTARIAL CERTIFICATES {continued). To ALL TO WHOM THESE PRESENTS SHALL CO?tIE : I, of the of in the County of and Province of Ontario, Notary Public, by lloyal authority duly appointed, Do hereby certify that I was personally present on the day of A. T). 18 , at the of aforesaid, and did see the person named in the paper writing, or hereunto annexed, duly execute, sign, seal, and deliver the same as his act and deed for the purposes therein mentioned. And that the name thereto set and subscribed as the party executing the same is of the proper handwriting of the said the grantor therein named. And that the names and thereto subscribed as the witnesses thereto, are of the respective proper handwriting of of and of me, this deponent. And that the said is personally known to me. In testimony whereof, I have hereunto subscribed my name, and affixed my seal of office at my Chambers in the of aforesaid, this day of A. D. 18 . Notai'ij Puhllc. T, of in the County of and Province of Ontario, a Notary Public by Pioyal autho- rity, duly commissioned, do hereby certify that on this day of A. D. 18 , personally cauje and appeared of the said City of the deponent named in the foregoing affidavit, and did then and there before the Mayor and Chief Mugis- trate of the said state and depose to be true, the several matters and things mentioned and contained in the said affidavit, And I do hereby further certify that COXVnYANCKK. 28*; I am '^ 10 of the witnesses to the execution of tlie foro- goiiiir [ ] by the said [ ] and tliat the .same was executed as it purports to have been. In testimony whereof, I have hereunto set my hand and seal of office this day of A. D. 18 . NOTICE OF EXERCISING POWER OF SALE. To A. B. of in the County of yeoman : We hereby give you notice, that we demand pny- nient of the sum of and interest due on the dny of A.D. 18 , under an indenture of mortga). 4. That the said partners, shall each be at liberty, from time to time, during the said partnership, to draw out of the said business, weekly, any sum or sums, not exceeding for each the sum of per annum, such sums to be duly charged to each of them respectively, and no greater amount to be drawn by either of the said partners, except by mutual coasent. 5. That all rents, taxes, salaries, wages, and other outgoings, and expenses incurred in respect of the said business, shall be paid and borne out of the profits of the said business. 6. That the said partners shall keep, or cause to be kept, proper and correct books of account, of all the partnership monies received and paid, and all business transacted on partnership account, and of all other matters of which accounts ought to be kept, according to the usual and regular course of the said business, which said books shall be open to the inspection of both partners, or their legal representatives. A general balance or statement of the said accounts, stock in trade, and business, and of accounts between the said partners shall be made, and taken on the day of in each year of the said term, and oftener, if required. CONVLYaNCEK. 201 7. That tlie said piirtners shall be tiuc and just to each other in all matters of thc^ said co-partnership, and shall at all times, during the continuance thereol", dilijicntly and faithfully employ themselves respectively, in the conduct and concerns of the said business, and devote their whole time exclusively thereto, and either of them shall not transact or be engaged in any other business or trade whatsoever : And the said partners, or cither of them, during the continuance of the said co- partnership, shall not, cither in the name of the said partnership, or individually, in their own names, draw or accept any bill or bills, promissory note or notes, or become bail, or surety, for any person or persons, or knowingly or wilfully do, comi^' or permit any act, matter, or thing by which, or by .aeans of which, the said partnership monies or '"fleets, shall Ic seized^ attached, or tal fu in execution ; an*^ in case either partner shall fail or make default in the performance of any ol the agreemeni.^ or articles (V- the said partnership, in so far as the same is or are to be observed by him, then the other partner shall Represent in writing U such partner offending, in what be may be so in default ; and in case the same shall not be rectified by a time to be specified for that purpose by the partner so representing the said partnership shall thereupon at once, or at any other time to be so specified as aforesaid, by the partner offended against, be dissolved and determined accord- ingly. 8. That in case either of the said partners shall die before the expiration of the term of the said co-part- nership, then the surviving partner shall, within six calendar months after such decease, settle and adjust with the representatives of su\)h deceased partner all 7 292 titfi CANAblAN accounts, matters, and things relating to the said co- partnership, and that the said survivor shall continue to carry on thenceforth, for his sole benefit, the said co-partnership business. In Witness, &c. Signed, Sealed, kc. rAPtTNERSIIlP DKED. {Another Form.) Tins Indenture, made this 18 . 13etwe£;n A. B. of d;iy of A. D. and C. D. of 1. The said parties agree to enter into partnership as under the firm of B. and D. for years, from the date hereof, or until the partnership is determined by either party giving to the other a three months' notice in writing, ending with a current year of the part- nership. 2. The partnership business is to be carried on in convenient premises to be taken for the purpose at 3. The partnership capital is to consist of the sura of to be contributed equally by the partners, and lodged on or before the day of to their joint account at the bank of and of the property, credits, and stock in trade of the firm for the time being. 4. Each partner may draw a week on account of his profits, but if, at the periodical taking of accounts hereinafter mentioned, either partner has drawn out during the past year a sum exceeding the profits to which he shall be entitled, he shall repay the surplus to the partnership. , ^ • CONVEYANCEU. 293 ItO 6. Neither party shall aign any promissory note or bill (other than u draft on a banker), in the name of the firm in the common course of business ; nor shall, give credit after warning from his co-partner; nor shall without his written consent, borrow money, or com- pound debts, or become surety, or bail, or enter into a contract for more than or engage a servant to the firm, or take an apprentice, or engage in any other business, G. Any engagement or liability entered into by either partner in contravention of the above clause, is to be at his exclusive risk, and the firm is to be indemnified out of his sepa.-ate property. 7. Accounts shall be kept in books of all partnership transactions, and such books, together with all other documents connected with partnership business, shall be kept at the principal place of business, and be accessible to each partner. 8. On the first day of every year an account shall be taken of the partnership property, stock, credits and liabilities, and the sum found to be due to each partner shall be carried to his separate account. 9. On the taking of such accounts, they shall be entered, together with the valuation of the stock, in the partnership books, and each partner shall have a copy or abstract signed by both partners, and shall be bound thereby, unless jwithia a year some manifest error be found therein, in which case it shall be rectified. 10. Oq the expiration or other determination of the said partnership, a full written account shall be taken of all the partnership property, stock, credits, and liabilities, and a written valuation shall be made of all that is capable of valuation, and such account and yalu- 25 294 THE CANADIAN ation shall be settled, and provision shall be made for the payment of the liabilities of the partnership, and the balance of such property, stock, and credits shall be divided equally between the partner^, and each shall execute to the other proper releases and proper instru- ments for vesting in the other, and enabling him to get in such property, stock and credits. ' 11. If either partner shall die before the first day of January next, his executors and administrators shall be entitled to the share of the capital brought in by him, together with per cent, interest in lieu of profits. 12. If either party shall die after the said day, and during the continuance of the partnership, his executors and administrators shall be entitled to the value of the share of the partnership property, stock and credits, to which the deceased partner would have been entitled on the first day of January last preceding his death, toge- ther with per cent, interest from that day in lieu of profits, and the surviving partner shall secure such sum by a bond in double the amount conditioned for the pay- ment of such sum in twelve months. 13. The surviving partner, his executors and admin- istrators, shall execute a proper instrument indemnifying the executors and administrators of the deceased partner and his estate from all the liabilities of the partnership ; and the executors and administrators of the deceased partner shall release and assign to the surviving partner^ his executors and administrators, all their interest in the property, stock and credits of the partnership, and shall empower him or them to get in and recover the same. 14. If either party shall be guilty of a breach or non- observance of the fifth and seventh clauses above con- tained, the other, within three calendar months after CONVEYANCER. 295 8uch event shall have become known to him, may dis- solve the partnership, by notice in writing declaring the same to be dissolved from the date of such notice, and the partnership shall thereupon cease and deteruiine, and the partner to whom such notice shall be given, shall be considered as quitting the business for the benefit of the partner giving such notice. 15. If, at any time during the subsistence of the partnership, or after its determination, any dispute shall arise between the partners, or between either of them, and the executors or administrators of the other, or between their respective executors or administrators, concerning any matter relating to the partnership, the same shall be referred to the award of such person as shall be appointed for that purpose by the parties within thirty days after such dispute shall arise, and such refer* ence may be made a rule of Court. In Witness, &c. Signed, Sealed, &c. DISSOLUTION OF PARTNERSHIP. tner, the shall le. Inon- Icon- ifter This Indenture, made the day of A.D. 18 , Between A. B. of , and C. D. of Whereas it has been agreed to dissolve the partner- ship heretofore carried on by the said parties hereto, under articles dated the day of . Now this Indenture witnesseth as follows : 1. In consideration of one moiety of the profits of such business up to the day of last, having been received by the said A. B., and of secured to him by a bond bearing even date herewith of the said C. D., being the value of the share of the said A. B. in the I 29G THE CANADIAN property, stock and credits of the partnership, and also in consideration of an indemnity against the partnership liabilities, by a bond, bearing even date herewith, of the said C. D., indemnifying the said A. B. against the partnership liabilities, the said A. 13. assigns and releases all his interest in the property, lease, stock, credits and business of the partnership to the said C. D., his exe- cutors, administrators and assigns, with power in the name of the said A. B., his executors and administra- tors, to recover and give receipts for the same premises. 2. The said C. D., for himself, his heirs, executors and administrators, covenants with the said A. B., that the said C. D., his heirs, executors and administrators, will discharge and keep indemnified the said A. B., his heirs, executors and administrators, against all the lia- bilities specified in the schedule hereto, but so that this covenant shall not be enforced so long as the said A. B., his heirs, executors and administrators, are kept so in- demnified as aforesaid. 3. Each of the parties hereto releases the other of them, his heirs, executors and administrators, from all claims in respect of the said partnership, and the arti- cles constituting the same, preserving, nevertheless, in full force and effect the said bonds of the said C. D. In Witness, &c. Signed, &c. BOND SECURING TO OUT-GOING PARTNER THE PAYMENT FOR HIS SHARE. Know all men by these Presents, that I, C. D., of my heirs, executors and administrators, am firmly bound to A. B., of his executors, admin* istratorB and assigns, for the payment to him or them of the penal sum of carreacy. ' CONVKYANCER. 297 in of Im In* lof Bated this day of A.D. 18 . The above-written obligation is conditioned to be void if the above-bounden C. D., his heirs, executors or administrators, shall pay to the said A. B., his execu- tors, adniiuistrators or assigns, the sum of on the day of and the sum of on the day of A.D. 18 . i Signed, &ic. BOND INDEMNIFYING OUT-GOING TARTNEIl AGAINST PARTNERSHIP LIABILITIES. Know all men by these Presents, that I, C. D., of my heirs, executors and administrators, am firmly bound unto A. B., of his executors, adminis- trators and assigns, for the payment to him or them of the penal sum of currency. Dated the day of A. D. 18 . The above-written Obligation is conditioned to be void if the said CD., his heirs, executors or adminis- trators, shall keep the said A. B., his executors and administrators, indemnified from all debts and liabilities of the said A. B. and CD., which, up to the date of the said obligation, shall have arisen out of the partner- ship between the said A. B. and C D., iu the bu.^iness of heretofore carried on by them. Signed, &c. DISSOLUTION OF PARTNERSHIP. {Anothei' Form.) We, the undersigned, do hereby mutually agree that the partnership heretofore subsisting between us us under the within articles of co-partnership, be, and 298 THE CANADIAN the same is hereby, dissolved, except for the purpose of the final liquidation and settlement of the busini-ss thereof; and upon such settlement wholly to cease and determine. In Witness weiereof, we have hereunto set our hands and seals, this day of A. D. 18 . Signed, Sealed, &c. NOTICE OF DISSOLUTION. Notice is hereby given that the partnership hereto- fore subsisting between us, the undersigned, as in the City of has been this day dissolved by mutual consent. All debts owing to the said partner- ship are to be paid to at aforesaid, and all claims against the said partnership are to be presented to the said by whom the same will be settled. Dated at this day of A. D. 18 . Witness, — — ♦- PARTY WALL: AGREEMENT RESPECTING A. This Agreement, made this day of A. D. 18 , between D. L. of the City of Toronto, merchant, of the first part, and P. S. of the said city, merchant, of the second part. Whereas the said D. L. is the owner in fee of the lot and store known as number 90 in street, in the City of Toronto, and the said P. S. the owner in fee of the lot known as number 92 in street, aforesaid, immediately adjoining to, and on the southerly side of said lot and store number 90, on which lot of the said P. S. he is about to erect a brick store. And whereas it has been agreed by and i^ CONVEYANCER. 299. between the said parties, that the said P. S., io erecting his said store, shall make use of the gable end wall of the said store of the said D. L. immediately contiguous to and adjoining the said lot of the said P. S., as a party wall, upon the terms, conditions and considerations hereinafter mentioned, the said gable end wall of the said D. L. so to be used as a party wall, standing and being entirely on the said lot of the said D. L. Now there- fore this agreement witnesseth that the said D. L,, for and in consideration of the sum of dollars to him in hand paid by the said P. S-, at or before the ensealing and delivery of these presents, the receipt whereof is hereby acknowledged, doth for himself, his heirs, exec- utors, administrators and assigns, covenant, grant, promise and agree to and with the said P. S., his heirs, executors, administrators and assigns, for ever; That he, the said P. S., his heirs and assigns, shall and may in erecting and building the said store upon, the said lot of the said P. S., freely and lawfully, but in a workmanlike manner, and without any inter- ruption, molestation, or hindrance of or from the said D, L., his heirs, or assigns, make use of the said gable end wall of the said store of the said D. L., imme- diately adjoining or contiguous to the said lot of the said P. S., or such parts and so much thereof, as he the said P. S. his heirs or assigns, may choose as a party wall. And further, that should the said wall, hereby made a party wall, be at any future time or times injured or destroyed, either by decay, lapse of time, fire, accident, or other cause whatever, so as to require to be either repaired or rebuilt in whole or in part, then and in every such case, the said D. L. and the said P. S. by these presents, for themselves respectively, and their % Hi 300 THE CANADIAN respective heirs and assigns for ever, mutually covenant and agree to and with each 'Other and th(!ir respective heirs and assigns forever, that such reparation Oi- rebuild- ing, as the case may be, shall be at the mutual joint and equal expense of them the said D. L. and P. S. their respective heirs and assigns forever ; us to so much and such parts of the said wall as shall bo used by the said P. S. his heirs and assigns, in erecting and building the said store, which he is now about crceting on his said lot, and as to all coping of the said gable end, whether such coping be used by the said P. S., his heirs or assigns; in erecting and building the said store or not, and as to the residue of the said wall not used by the said P. S., his heirs or assigns, in erecting and building the said store, such reparation or rebuilding of such residue of the said wall shall be at the sole and separate expense of the said D. L., his heirs or assigns forever; and that in every case of such reparation or rebuilding, should the same be necessary and proper, and either party, his heirs or assigns request the other to unite in the same, and to contribute to the expense thereof, according to the true intent and meaning of this agreement, then the other party, his heirs or assigns forever, may cause such reparation or re-building to be made and done, and charge the other party, his heirs and assigns forever, with the -^yroportion of the expenses, costs, and charges •thereof, according to the true intent and meaning of this agreement, : and that in every case of such repara- tion or rebuilding, as the case may be, such repairs shall restore the said wall to the state and condition in which it now is, in all respects as nearly as may be; and that in every case of rebuilding, such wall shall be rebuilt upon the same spot on which it now stands, and be of CONVEYANCER. 301 the same size and the same materials, as far as they may go, and as to the deficiency with others of the same quality and goodness, and in all respects shall be made of the same quality and goodness as the present wall. It being further in like manner mutually understood and agreed by and between the said parties, that this agree- ment shall be perpetual, and run with the land, and be obligatory upon the heirs and assigns of the said parties respectirely, forever, and in all cases and on all occasions, shall be construed as a covenant running with the land : but that this agreement shall not have the effect or operation of conveying to the said P. S., his heirs, or assigns, the fee simple of the one moiety or any other part of the ground or land on which the said wall now stands, but only the right to the use and benefit of the said wall as a party wall forever. In Witness, &c. Signed, Sealed, &c. PATENT RIGHTS. PETITION FOR PATENT. To His Excellency the Right ITonorahle, &c. dec. &c. : The humble Petition of &f " &c., Shewkth : That your peiiiloncr has invented a new and improved which he truly believes has not been known or used in prior to the invention thereof by your petitioner, and that the same is not now in public use or on sale in the said with your petitioner's consent and allowance. Your petitioner, therefore, humbly prays that letters patent under the great seal of may issue to 26 • no2 THR CANADIAM your petitioner, granting to him; his heirs, lawful repre- sentatives and assigns, for the period of fourteen years, the full and exclusive right and liberty of making, oon- struoting, using and vending to others to be used, the said invention. And your petitioner will ever pray, &o. SPECIFICATION. To ILL WHOM IT MAY CONCERN : Be it known that I, of have invented a new and useful [stating the use and title of the machine ; and if the application is for an improvement, it should read thus: " a new and use- ful improvement on a (or, on the) &c."] ; and I do hereby declare that the following is a full, clear and exact description of the construction and operation of the same j reference being had to the annexed draw- ings, making a part of this specification, in which figure 1 is, &o. [describing all the sections of the drawings, and referring to the parts by letters. Then should fol- low the description of the construction and operation of the machine, <&c., and the principle upon which it is formed, and the several modes in which the inventor has contemplated the application of that principle or character by which it may he distinguished from other inventions; and, lastly, the claim, which should express the nature and character of the invention, and identity the parts claimed separately or in combination. If the specification is for an improvement, the original inven- tion thereof should be disclaimed, and the claim con- fined to the improvement.] "Witness my hand, this day of A. D. 18 .' COXVITAN'CEK. 803 PETITION FOR PATENT FOR DESIGN. . To His Excellency the Right Honorable, d:c. dec. dr. : The rumble Petition of of * &c.> Shewetii : That your petitioner Uas invented or produced a new and original design for {as the case majj he) which he truly believes has not been known or used in prior to the invention thereof by your petitioner. Your petitioner, therefore, humbly prays that letters patent, under the great seal of may issue to your petitioner, granting to him, his heirs, lawful repre- sentatives and assigns, for the period of fourteen year.-?, the exclusive property or right therein, to make, use, sell and vend the same, or copies of the same, to others, to be by them made used, sold or vended. And your petitioner will ever pray, &c. ASSIGNMENT OF AN ENTIRE INTEREST IN PATENT. To ALL TO WHOM THESE PRESENTS SHALL COME, of, &c., sends greeting. Whereas the said has invented a certain and has applied for and obtained letters patent under the great seal of granting to him and to his assigns the exclusive right to make and vend the same, which letters patent arc dated on the day of A. D. 18 . And whereas of, &c., has agreed to purcliase from the said all the right, title and interest which he the said now hath in the said invention under the said letters patent, for the price or sum of Now these presents witness, that for and in considera- tion of the said sum of by the said - paid to i a04 THE CANADIAN tlic said at or before the acalint; and delivery of'tliese proseiit.s, the receipt whereof is hereby aeknow- led^j^ed, he the said hath assigned and trans- ferred, and by these presents doth assign and transfer unto tlie said his executors, administrators and assigns, the full and exclusive right to the invention made by him, and secured to him by the said letters patent, together with the said letters patent, and all hia interest therein or right thereto. In witness whereof the said set his hand and seal, this A. D. 18 . Signed, sealed, &c. hath hereunto day of LICENSE TO USE INVENTION. This Indenture, made the day of A.D. 18 , By and between of the first part, and of the second part : "Whereas, by certain Letters Patent, bearing date the day of A D. 18 , Her Majesty Queen Victoria did give and grant onto the said hia executors, administrators and assigns, the sole privilege of making, constructing, using, and vending a pew and useful improvement in of which he claims to be the original inventor or discoverer, for the term of fourteen years within the Province of , with a prohibition to all'persons whatsoever other than the said his agents and assigns, to use the said inven- tion as in and by the. said Lstters patent duly recorded in the Provincial Registrar's Office will more fully appear. And whereas the said party of the first part hath CONVEYAJJCmt. 305 contracted .with the said part of the second part for tho Palo to of the full and exclusive rijj;ht of umkinj?, constructing^, usinjo; and vending tho .said invention or improvement within tho at or for tho price or sum of Now TFiis IndentuiIb wiTNESSExrr, that for and in consideration of the said sum of to the said party of the first part in hand well and truly paid by tho said part of the second part, at or before the cnsoalinp; and delivery hereof, tho receipt whereof is hereby acknow- ledged, ho the said party of the first part hath granted, bargained, sold, assigned, transferred, and set over, and by these presents doth grant, bargain, sell, assign, transfer, and set over unto the said part of the second part, or legal representatives or assigns, and every of them, by his and their deputy or deputies, or agont or agents, or such as the said part of the second part, or legal representatives or assigns, shall at any time agree with, and no others, from time to time and at all times hereafter during the residue of tho said term of fourteen years in the said patent mentioned, the full and exclusive right and liberty of making, constructing, using and vending to others, to be used, the said inven-; tion or discovery within in such manner as to the said part of the second part lawful representa- tives and assigns, or any of them, shall in their discretion seem meet. To HAVE AND TO HOLD, receivo and enjoy, within the said the said license, powers, priviKges, and advantages herein-bcforc granted, or intended so to be, unto the said part of the second part lawful repre- sentatives and asvsigns, for and during the residue of tho said term of fourteen years, . if' TT I i 306 THS Ci.!TA&U.N ill And the said party of the first part doth hereby for himself, his executors and administrators, covenant, promise and agree, to and with the said part of the second part executors, administrators and assigns? in manner following, that is to say, that for and not- withstanding any act, matter or thing to the contrary by him done or suffered, he the said party of the first part hath good right, full power, and authority to assign and convey the right to the said invention, in manner aforesaid. * And that he, the said party of the first part, hath not by any means, directly or indirectly, forfeited any right which he ever had, or might have had, to the said invention or patent. And that the said part of the second part executors, administrators and assigns, shall and may, by virtue of these presents, have, receive and take all the profits and advantages whatsoever that shall or may arise from the said invention within the limits of without any let, hindrance, denial, or interruption from the said party of the first part, his executors, adminis- trators or assigns. And that the said party of the first part executors and 'administrators, shall and will ♦ make, do, and execute, or cause or procure to be made, done, and executed, all and every such act or acts, deed or deeds, devices or assurances in the law necessary for assigning to the said part of the second part, exe- cutors, administrators and assigns, the right to the said invention, under the said lotters patent, within the limits of ', In Witness, &c. Signed, Sealed, &c. ■ COXVBYjLNCBR. 807 POWER OF ATTORNEY. Know all Men by these Presents, that for divers good causes and considerations thereunto Bpecially moving, have made, ordained, nominated, con- stituted, and appointed, and by these presents do make, ordain, nominate, constitute, and appoint true and lawful attorney for and in name, place, and stead, but for sole and exclusive use and benefit to {Here insert the specific object or objects for which the power is given.') And for all and every of the purposes aforesaid do hereby give and grant unto said attorney full and absolute power and authority to do perform and execute all and every acts, deeds, matters and things, whatsoever in and about the premises ; And) also to commence, institute, and prosecute, all actions^ suits, and other proceedings, which may be requisite and necessary or expedient to be done, commenced, insti- tuted, or prosecuted in and about the premises, as fully and effectually to all intents and purposes as could do if personally present and acting in the .premises ; With power to appoint a substitute or substitutes, for all or any of the purposes aforesaid, and such substitution at pleasure to revoke, the said hereby ratifying and confirming and agreeing to ratify and con- firm all and whatsoever said attorney or such sub- stitute or substitutes shall lawfully do, or cause to be done, in or about the premises by virtue hereof In Witness whereof have hereunto set hand and seal this day of A. D. 18 . Signed, sealed, le or foreclosure, and all other powers and authorities SIO THl CASi-JUIAK :l i vested ia me by auy mortgage or mortgages belonglu^ to me as mortgagee. And also, in case of any difference or dispute with any person or persons concerning any of the matters aforesaid, to submit any such differences and disputes to arbitration or umpirage, in such manner as my said attorney or attorneys shall see fit. And to compound, compromise and to accept part in satisfaction for the payment of the whole of any debt or sum of money payable to me, or to grant an extension of time for the payment of the same, either with or without taking security, or otherwise to act in respect of the same as to my said attorney or attorneys shall appear most expedient. And also, for me and in my name, or otherwise on my behalf, to take possession of and to let, set, manage and improve my real estate, lands, messuages and here- ditaments whatsoever and wheresoever, and from time to time to appoint any agents or servants to assist him or them in managing the same, and to displace or remove such agents or servants, and appoint others, using therein the same power and discretion as I might do. And also, as and when my said attorney or attorneys shall think fit, to sell and absolutely dispose of my said real estate, lands and hereditaments; and also such shares, stocks, bonds, mortgage and other securities for money as hereinbefore mentioned, either together or in parcels, for sueh price or prices, and by public auction or private contract, as to my said attorney or attorneys shall seem reasonable or expedient ; and to convey, assign, transfer and make over the same respectively to the purchaser or purchasers thereof, with power to give credit for the whole or any part of the purchase money 'r . coif TBT ARC BB. 811 thereof; and to permit the same to remaiu unpaid f«r whatever time and upon whatever security, real or per- sonal (either comprehending the purchased property or not), as my said attorney or attorneys shall think safe and proper. And further, for me and in my name, and as my act and deed, to execute and do all such assurances, deeds, covenants and things as shall be required, and my said attorney or attorneys shall see fit, for all or any of the purposes aforesaid ; and to sign and give receipts and discharges for all or any of the sums or sum of money which shall come to his or their hands by virtue of the powers herein contained, and which receipts, whether given in my name or that of my said attorney or attor- neys, shall exempt the person or persons paying such sums or sum of money from all responsibility of seeing to the application thereof. And also, for me and in my name, or otherwise, and on my behalf, to enter into any agreement or arrange- ment with every or any person to whom I am or shall be indebted, touching the payment or satisfaction of his demand, or any part thereof; and generally to act in relation to my estate and eflFects, real and personal, as fully and eflFectually, in all respects, as I myself could do if personally present. And I hereby grant full power to my said Attorney to substitute and appoint one or more attorney or attorneys under him, with the same or more limited powers, and such substitute and substitutes at pleasure to remove, and others to appoint, I the said hereby agreeing and covenanting for myself, my heirs, execu- tors and administrators, to allow, ratify and confirm wbatsoevor my said Attorney or his substitute or substi- 812 THE CANADIAN tutes shall do or cause to bo done in the premises by virtue of these presents, including in such confirmation whatsoever shall be done between the time of my decease or of the revocation of these presents, and the time of such decease or revocation becoming known to my said attorney or attorneys, or such substitute or substitutes As witness, &c. Signed, &c. POWER OF ATTORNEY. [Another Form.) Know all Men by these Presents, that I, of for divers good causes and considera- tions, mo hereunto especially moving, havo made, ordained, authorised, constituted and appointed, and by these presents do make, ordain, authorise, constitute and appoint of my true and lawful attor- ney, for me and in my name, and to and for my sole uso and benefit, to bring to account and reckoning, and to ask, demand, sue for, levy, recover and receive, of and from all or any person or persons whomsoever, all sum and sums of money whatsoever, and on receipt thereof, or any part thereof for me, in my name and to my .use such good and sufficient receipts, releases and discharges, to make and give for the same, as the nature of the case shall require ; and to liquidate, adjust, compound, arbitrate, release and discharge the same, and on neglect or refusal from or by any such person or persons, to pay all or any such sum or sums of money so due and owing unto me as aforesaid, to take and use all such usual and customary legal ways and means for compelling or secur- ing the duo payment thereof, by action, suit, attachment CONVEYANCER. 313 or otiierwisc, howsoever, In my name, as my said attor- ney shall be advised ; and for me and in my name and for ray use, to prosecute and defend all or any actions or suits either at law or in equity, attachment or other legal process, now brought or to be brought and com- menced by, for or against me, in any court or courts of judicature in and therein to proceed to judg- ment and execution thereon, or to discontinue or com- promise the same, as my said attorney shall be advised, and to enter up satisfaction on record in any or either of the said courts, or to do any other act, matter, or thing, which shall be required and necessary to be done on my part and behalf in the proceedings, or carrying on, or defending any such action or suit so brought or to bo brought as aforesaid : and also for me and to and for my use to defray, pay and discharge, all sum and sums of money, debts, dues, claims and demands which shall or may be justly due and owing from, or accrue against me, to any person or persons whomsover, on any account whatsoever, and to take and receive for the same such receipts, acquittances and discharges, as the case may require; and also for me, in my name, and to and for my use and'benefit, to do, transact, execute and perform, all and whatsoever other acts, deeds, bonds of arbitra* tion, deeds of composition, releases, assignments, mat- ters and things, which shall or may arise and be requi- site and necessary to be done in and about, touching or concerning the management of my affairs and concerns, or any of them, or in any manner relative thereto ; and generally for me, in my name and to my uso to do, per- form and execute, all and whatsoever other acts, matters and things, which my said attorney shall judge requisite and heoessary to bo done in and about the premises, as U 1 IH f * I I i li A 3U THE CANADIAH fully and effectually to all intents and purposes as if I myself were present and did the same, I the said hereby ratifying, allowing, and covenanting, promis- ing and agreeing, for myself, my heirs, executors and administrators, from time to time, and at all times here- after, to ratify, allow and confirm, as good and valid, all and whatsoever my said attorney shall lawfully do or cause to be done in and about the premises, by virtue hereof. In Witness, &c. Signed, Sealed, : To ALL TO WHOM THESE PRESENTS SHALL COME : I, of, &c. and my wife (late J one of the daughters and legatees, named in the last will and testament of late of, &o. deceased, send greeting : "Whereas, the said in and by his last will and testament, bearing date the day of A. D. 18 , did, amongst other things, give and bequeath unto his said daughter, the sum of payable in six months after his decease (or did give and bequeath to her an equal share of his estate, as the case may be ;) And of his '^aid will appointed exe- cutor, as in and by the said will duly proved^ and remain- ing in in and for the county of rela- tion being thereunto had, appears. Now KNOW YE, that I, the said and my wife, have made, constituted, and appointed, and by these presents do make, constitute, and- appoint of in the county of our true and law- ful attorney, for us and in our names, and for our use, to ask, demand, sue for, recover, and receive, of and from the said executor as aforesaid, or in whose hands soever the same may be found, the said legacy or bequest mentioned in the said will, and also all such other sum or sums of money, debts, goods, wares, and demands whatsoever, which are or shall be d*ue, owing, payable, and belonging to us by any means whatsoever, for or on account of her full share, part, or dividend of the estate aforesaid. Giving and granting unto our said attorney, by these presents, full power and authority, in and about the CONVEYANCER. 817 premises, to have, nso, and take, all lawful waya and means, in our names for the purposes aforesaid, and upon the receipt of any such debts, dues, or suras of money (as the case may be) acquittances, or other suflEioient discharges, for us, and in our names to make, seal and deliver. And generally, all and every other act or acts, thing or things, device and devices, in the law whatsoever, needful and necessary to be done in and about the premises, for us and in our names to do, execute, and perform, as fully, and amply, to all intents and purposes, as we ourselves might or could do, if personally present ; and attorneys one or more under him, for the purpose aforesaid, to make and constitute, and again at pleasure to revoke ; Hereby ratifying, allowing, and holding for firm and eflfectual, all and whatsoever our said attorney shall law- fully do in and about the premises, by virtue hereof. In Witness, &c. Signed, Sealed, &c. . ' .. POWER OF ATTORNEY. {Custom House.) Know all men by these presents, that I, of in the county of and Province of , merchant, have made, constituted and appointed| and by these presents do make, constitute and appoint, of in the county of of the said Province, gentleman, my true and lawful Attorney, for me and in my name, place and stead [^kere set forth what the power is (/ranted for"}, to receive and enter at the Custom-house at in the county of 27 31 R TUF TANADIAN any goods, wares or nuTchanclizc iiiipurtcd by uie, or which may hereafter arrive, that arc consigoed to mo; to BJgn my name, and to Heal and deliver for rac, ns my act and deed, any bond or bonds which may bo required by the Collector of OustomH at in the county aforesaid, for securing the duties on any such goods, wares or merchandize : Also to sign my name, to seal and deliver for me, and as ray act and deed, any bond or bonds requisite for obtaining the debenture on any goods, wares or merchandise when exported ; and gene- rally, to transact all business at the said Custom-houBe, in which I n-" '"»• may hereafter bo interested or con- cerned, aa fully as I could if personally present. And I do hereby declare, that all bonds signed and executed by my said Attorney shall be as binding on me as those signed by myself; and this power shall remain in full force and virtue until revoked by a written notice given to the said Collector. In Witness, &o. Signed, Sealed, &c. POWER OF ATTORNEY. {To manage and sell Estates, dx.) Know all men by these presents, that I, of for divers good causes and considerations me hereunto e;jp9cially moving, have made, constituted and appointed, and by these presents do make, constitute and appoint of my true and lawful attorney, for me and in ray name to enter into and upon, and to take possession of all and singular my messuages, farms, lands, tenements and hereditaments whatsoever, and wheresoever situate in And also, for me CONVEVANCKR. :nu or ns me id and ititute awful upon, uages, oever, tor me and ill my name to make sale of and convoy all or any of the said premises, and to sign receipts for the pur- chase moneys, and to si<2jn, seal and execute, and as my act and deed, acts and deeds, deliver, good, suflBcicntand valid deeds of conveyance and assurance, for conveying the said premises or any part thereof to any purchaser or |)urchasers of the same, his, her or their heirs and assigns ; and also, for me and in my name to contract with any person or persons for leasing any of the said premises, and to make, seal, deliver and execute any lease or leases, demises or grants, for any terra or terms of years not exceeding years, in possession, and not in reversion, and at such rent or rents as ray said Attor- ney shall think proper ; and also, for me and in my name to ask, receive and recover of all tenants and occupiers whomsoever, of all and every the said premises, all rents and arrears of rent, issues and profits due and owing, or which at any time or times hereafter shall grow and become due and owing on account of the same premises, and if need be to distrain for, sue or prosecute for the same ; and also, for me and in my name to commence and prosecute any action or actions, suit or suits, as well real as personal and mixed, or otherwise, in any Court of law or equity in the said Province, in relation to tho said premises, and the same to prosecute and follow, or to discontinue or become nonsuit therein, as my said attorney shall see cause ; and generally for mo and in my name to do, perform and execute all and whatsoever shall be requisite and necessary to be done in and about the premises, as fully and effectually, to all intents and purposes as I might or could do if personally present; hereby promising to ratify and confirm all and whatso- ever my said Attorney shall lawfully do or cause to be n II 320 THE CANADIAN done by virtue of those presents : And lastly, I do here- by revoke and make void all former powers of attorney, authorities and deputations, by me at any time hereto- fore made, given or executed, in any of the matters or things above mentioned, to any other person or persona whomsoever. In Witness, &c. POWER TO TRANSFER STOCK. Know all Msiir by these Presents, that I, of do make, constitute, and appoint of my true and lawful attorney, for me and in my name and behalf, to transfer, assign, and set over unto of (or, ani/ other person or persons), shares in the capital stock of the Bank, in standing in my name on the books of said corporation, and to do all necessary acts, and to make the necessary acquittances and discharges to effect the premises; (add, if desired, and I do further empower him to suhstitute any person or persons under him with like power); hereby ratifying and confirming all my said attorney (or his substitute, or substitutes, to be added, if desired,) shall lawfully do by virtue hereof. In Witness, &c. POWER TO RECEIVE DIVIDEND. Know all men by these Presents, that I, of do constitute and appoint of to receive from the Cashier of the I3ank (or tlic Treasurer of ) of the city of the dividend or dividends now due to me, on all li^d. sum CONVEYANCER. 821 stock standing in my name on the books of tlie said Bank, and to receipt for the same; hereby atifying and confirming all that by him may lawfully be done by vir- tue hereof in the premises. In Witness, &c. Signed, Sealed, &c. . > POWER OF ATTORNEY : (REVOCATION OF) Whereas I, of did on the of A. D. 18 , by a certain instrument in writing, or letter of attorney, make and appoint of to be my true and lawful attoruey, in my name and for my use, to (^here set forth what the attorney was authorised to do, precisely in the language of the original power,) as by the same writing, reference there- to being had, will fully appear : Now know all men by these presents, that I, the said for a good cause and vduable consideration, have revoked, recalled, and made void, and by these presents do revoke, recall, and make void, to all intents and purposes, the said recited letter of attorney, and all powers or authorities therein granted, and all acts and things which shall, or may bo dono or perforri^ed by virtue thereof, in any manner whatsoever. (I/' ar'jfJier attorney is to he appointed^ continue thus : — " An i further know ye, that I, the said do by the 30 presents name, constitute, and appoint, and in my plaio and stead put and depute of to be my ^rue and lawful attorney, etc.," or an desired.') In Witness whereof, &c. ir 322 THE CANADIAN i A ■ii il POWER OF ATTORNEY, REVOCATION OF. [Another Form.) Know all men by these presents, that I, of for divers good causes and considerations, me hereunto espeoially moving, have revoked counter- manded, annulled and made void, and by these presents do revoke, countermand, annul and make void, c ^ortain deed poll or power of attorney, under my hand and seal, bearing date to of given delivered and executed, and all powers aad authorities whatsoever therein expressed and df^Iivered. As Witness, &c. Signed, Sealed, &c. PROTEST (MARINE). County of ^ By Public Instrument op To wit : 3 Protest, be it known and made manifest to all whom it doth or shall or may concern, that on the day of A. D. 18 before me, a Notary Public, by Royal Authority duly appointed, in and for residing at in the said County. Personally appeared Master, of the said of burthen, of the Port of and brought with him Mate on board of the soid each of whom, by me being duly sworn, according to law, on their solemn oaths, did depose, declare, and say as follows : ' ' That . And further these deponents say not. I CONVEYANCER. 823 le the km, )se, Subscribed and sworn before mc at in the County of severally by the said . and this day of A. D. 18 . [l.s.] Notary Public. Wherefore I, the said Notary, at the request of the said Master, of the said as well on his own behalf, as on behalf of his Owners, Freighters, Officers, and Crew, have protested, and 'by these presents do most solemnly protest, against all and singular the cause and causes operating as aforesaid, to tho serious detriment of the said her cargo, sails, rigging, and other gearing, or any part or portion there'of, and more especially against the storm and heavy winds and gales, high and dangerous seas, experienced on her late voyage, bound as afore- said ; and for all losses, costs, charges, damages, interest, and expenses whatsoever, suffered or sustained, for or by reason or means of the facts and circumstances set forth in the foregoing affidavit, to be claimed and recovered in time and place convenient : and these presents to serve and avail for that purpose. In Witness, &c. [l.s.] Notary PiiUlc. I, of the of in the County of a Notary PubUc, by Royal Authority duly appointed, in and for do hereby certify that the within is a true copy of the deposition of and of the vessel taken before me, this day of A.D. 18 and now filed in my office. Notary Fallic. m i!. 324 TUB CANADIAN PROTEST (NOTARIAL). Oq this day of A.D. 18 , at the request of holder of the hereunto annexed, I, a Nol^arj-Public for Upper Canada, by Royal authority duly appointed, did exhibit the said unto at being the place where the same is payable, and there speaking to him, did demand of die said to which demand he answered Wherefore I, the said Notary, ... the request aforesaid, have protested, and do hereby J protest, as well against all the parties to the BKid as against all other persons whom it may concern, for all interest, damages, costs, charges, expenses and other losses suffered or to be suffered for want of of the said And afterwards, on the day and year mentioned in the margin, I, the said Notary-Public, did serve due notice, according to law, of the said presentment, non- and protest of the said upon the several parties thereto, by depositing in Her Majesty's Post OflBce at being the nearest Post Ofl&ce to the place of the said present- ment, letters containing such notices, one of which letters was addressed to each of the said parties severally ; the superscription and address of which letters are respec- tively copied below, as follows, that is to say : In testimony whereof, I have hereunto set my hand, and affixed my seal of office, the day and year first above written. NOTARY PUBLIC. . {Add in margin). Notices mailed the day of A.D. 18 Protest 23. Gd. .. . -\ Postage NoticcH CONVEVAXCEU. 325 QUIT-CLADI DEED. I'liis Indenture, made the day of A.D. 18 , Between of the first part, wife of the said party of the first part, of the Second part, and of the third part. WITNESSETH, that in consideration of the sum of of lawful money of Canada, now paid by the said party of the third part to the said party of the first part, the receipt whereof is hereby by him acknowledged, he, the said party of the first pait, dolh remise, release and for- ever quit claim unto the said party of the third part, his heirs and assigns forever, All and singular certain parcel or tract of land and premises, situate, lying and being in the of the said Province, containing by admeasurement To have and to hold unto the said party of the third part, his heirs and assigns, to and for his and their sole and only use forever. Sub- ject, nevertheless, to the reservations, limitations, provi- soes and conditions expressed in the original grant thereof from the Crown. . . And the said party of the first part releases unto the said party of the third part, all claim, demand, right or title unto the said lands and promises, or to any part or parcel thereof, forever. :.," > And the said party of the second part, wife of the said party of the first part, hereby bars her dower in the said lands. . t In Witness, &c. Signed, Sealed, &c. ■ . ^^l Received, on the day of the date of this Indenture, 28 I 326 THE CANADIAN the sum of of lawful money of Canada, being the full consideration therein mentioned. QUIT CLAIM DEED. (Another Form.) This Indenture, made in duplicate the day of A. D. 18 Between WITNESSETH, that the said part of the first part, for and in consideration of the sum of of lawful money of Canada, to in hand paid by the said part of the part, at or before the sealing and delivery of these presents, the receipt whereof is hereby acknowledged, ha granted, released and quitted claim, and by these l'. ;isjnts do grant, release and quit claim unto the said part of the part. All estate, right, title, interest, claim and demand, both at law and in equity, or other- wise howsoever, and whether in possession or expectancy, of, in, to or out of all and singular th certain parcel or tract of land and premises situate, lying and being in the Together with all the appurtenances thereto belong- ing or appertaining; To have and to hold the aforesaid lands and premises, with all and singular the appurte- nances thereto belonging or appertaining, unto and to the use of the said part of the part, heirs and assigns for ever; vSubject to the reservations, limitations, provisoes and conditions expressed in the original grant thereof from the Crown. In Witness whereof, the said parties to these presents have hereunto set their hands and seals the day and year first above written. Signed, Sealed, ko. CONVEYANCER. 32? Received, on the day and year first before written, from the said the sum of of lawful money of Canada, being the consideration money hcrcinboforG luentioned to be paid to me • * Witness, County of ") -I> .of To WIT. j make oath and say : 1. That my name, place of residence, and occupation or calling, are correctly set forth as above. ■ ' - 2. That I was present, and did see the within inden- ture, and also a duplicate thereof, duly executed, signed, sealed and delivered by the within named and that I am a subscribing witness to such execution ; and that the said within indenture, and also the duplicate thereof, were respectively executed as aforesaid at 3. That I know the said the parties to the said within indenture. Sworn before me, at this day of A. D. 18 ; A Commissioner, «J-c., in B.R., in and for the County of ! : i RECEIPT FOR RENT. H London, C.W., lat Sept., 18G8. Received from the sum of one hundred dollars, for half-year's rent of store on Dundas Street, due this day. $100. d28 TliE CANAClAlii RECEIPT IN FULL. Heckiykd tiiG dny of A. D. 18 from Mi*, the sum of fifty dollars, in full of all demands. ^50. RECEIPT ON ACCOUNT. Toronto, C.W., 12th Oct., 18G8. Deceived from Mr. the sum of one huiidrcd dollars, on account of purchase-money of horse and buggy sold to him this day. $100. RECEIPT TO EXECUTOR. Received the day of A. D. 18G8, from and Esquires, executors of the last will and testament of deceased, the sum of one thousand dollars, in full of all demands against the estate of the said $1,000. RELEASE GENERAL OF ALL DEMANDS. , This Indenture, made the day of A. D. 18 . Between of the first part ; and of the second part. Whereas, there have been divers accounts, dealings^ and transactions between the said parties hereto respec- tively, all of which have now been finally adjusted, set- tled, and disposed of, and the said parties hereto have respectively agreed to give to each other the mutual CONVEYANCER. 3!29 releases anJ discliarges hereinafter contained in manner hereinafter expressed. Now, therefore, these presents witness, that in consi- deration of the premises and of the sum of five shillings? of lawful money of Canada to each of them, the said parties hereto respectively paid by the other of them at or before the sealing and delivery hereof (the receipt whereof is hereby acknowledged), each of them, the said parties hereto respectively, doth hereby for himself and herself respectively, his and her respective heirs, executors, administrators, and assigns, remise, release, and for over acquit and discharge the other of them, his and her heirs, executors, administrators, and assigns, and all his, her and their lands and tenements, goods, chattels, estate and efiFects respectively whatsoever and wheresoever, of and from all debts, sum, and sums of money, accounts, reckonings, actions, suits, cause and causes of action and suit, claims and demands whatso- ever, either at law or in equity, or otherwise howso- ever, which either of the said parties now have, or has, or ever had, or might or could have against the other of them, on any account whatsoever, of, and concerning any matter cause or thing whatsoever between them, the said parties hereto respectively, from the beginning of the world down to the day of the date of these presents. In witness whereof, the said parties to these presents have hereunto set their hands and seals, the day and year first above written. Signed, Sealed, &c. • • •..- I, 830 THE CANADIAN RELEASE OF MORTGAGE (UNDER STATUTE). To tho Registrar of tlie Count of I, do certify, that fd lia satisfied all money due on, or to grow due on a certain Mortgage made by to which Mortgage bears date the day of A.D. 18 and was regis- tered in the Registry OfBce for the County of on the day of A. D. 18 at minutes past o'clock noon, in Liber for as No. (here state whether mortgage assigned or not) and that I am the person entitled by law to receive the money, and that such mortgage is therefore discharged. Witness, &c. • Witnesses : of . and of I, make oath and County of Y 1 TO WIT : . I say : 1. That my name, place of residence, and occupation are correctly set forth as above. 2. That I was present and together with another subscribing witness, did see the execution of the within Certificate of Discharge of Mortgage by part thereto ; and that I am a subscribing witness to such execution, and that the said Certificate of Discharge of Mortgage was executed at 3. That I . Sworn before me, at this day of A. D. 18 in the County of A Commissioner, ^'c. CONVEYANCER. 331 RELEASE OF PART I OF MORTGAGED PREMISES. AD. Tnis Indenture, made the day of 18 , Between of the first part; and • of the second part : Whereas by an indenture of mortgage, bearing dato on or about the day of A.D. 18 , and made between It was witnessed, that for the considera- tions therein mentioned, the lands and premises herein- after released and assured, were with other lands and premises therein comprised, conveyed unto the said party hereto of the first part, for securing the sum of and interest as therein mentioned. And wiiereas the said party hereto of the first part, hath at the request of the said party hereto of the second part, agreed for the consideration hereinafter mentioned to release the premises hereinafter described from the said mortgage security. Now THIS Indenture Witnesseth, that in con- sideration of the sum of of lawful money of Canada, now paid by the said party oereto of the second part, to the said party hereto of the first part, the receipt whereof is hereby by him acknowledged, he, the said party hereto of the first part, hath reconveyed and reassured, remised, released and forever quitted claim, and by these presents doth rcconvey and reassure, remise, release and forever quit claim unto the said party hereto of the second part, his heirs, executors, administrators and assigns. All and Singular t^ certain parcel or tract of land and premises sitv r. lying, and being in the To have and to hold the same, with the appurtenances, unto the said party hereto of the second part, heirs and assigns, to and for f 882 THE CANADIAN and their sole and only use forever ; freed and absolutely acquitted, exonerated and dischar^'cd of and from the said Indenture of Mortgage, and the principal money and interest thereby secured, and every article, stipulation, covenant, niatterand thing therein contained. And tho said party hereto of the first part, doth hereby for himself, his heirs, executors, administrators and assigns, covenant, promise, and ar--"^, to and with the said party hereto of the second p , iiis heirs and assigns, that he the said party hereto of the first part, his heirs, executors, administrators and assigns, shall not, nor will at any time hereafter, proceed against the portions of the said lands, hereby released by legal process or otherwise, nor look to tho same, or any part thereof, for payment of the said principal monies or interest, or any part thereof, on the said mortgage, nor disturb, molest, or put to charge, or damage tho present or future owners or occupiers, of such released portions of tho said premises, for or by reason, on account of the said indenture of mortgage, or an ig connected therewith. Provided always, that nothina: herein contained shall affect the said mortgage, or its legal validity, so far as regards the remaining and unrelcascd portion of the said lands and prevuises, or any part thereof. In Witness, &o. Signed, Sealed, &c. RELEASE FROM ONE JOINT TENANT TO ANOTHER. This Indenture, made the day of A.D. 18 , Between D. J., of widow of W, J., lute of : CONVEYANCER. 333 nnd sister of S. C of of the one part nnd the said S. C of of the other part. Whereas the said I). J. and S. C. are and stand jointly seized to them and their heirs, of and in all those mes- suages, &c., situate in the township of in the county of \licrc insert an accurate ikscrtption']. Now this Indenture witnesscth, that for and in consi- deration of the sum of hy the said S. C. to the said I). J. in hand paid at or befurn the sealing and delivery hereof, the receipt whereof is hereby acknow- ledged, she the said D. J. hath granted, released and oonlirmed, and by these presents doth grant, release and confirm unto the said S. C. and his heirs, all and singular the above mentioned messuages, farms, lands, tenements* hereditaments and premises hereinbefore mentioned to be the joint estate of them the said D. J. and S. C, with their and every of their appurtenances, and all ways, &c., and the reversion, dic, and all the estate, &c; To have and to hold the said messuages, farms, lands and premises, with their appurtenances, to the said S. C. and his heirs, to tho only proper use and behoof of tho said S. C, his heirs and assigns forever. [x\dd cove- nants by D. J. that she is lawfully seized of one moiety of the premises, in joint tenancy with the said S. C. hath good right to grant, for quiet enjoyment, free from incumbrances, and for further assurance.] In Witness, &c. RELEASE OF DOWER. To ALL TO WHOM THESE PRESENTS SHALL COME, I, of the of in the County 834 THE CANADIAN of and Province of wife of of the same place, send Greeting : Whereas, the said by an indenture of bargain and sale bearing date the day of A. D. 18 in consideration of the sum of did grant, bar- gain, sell, convey and assure unto one of the of in the County of and Province aforesaid his heirs and assigns, the lands and premises hereinafter described, that is to say : And whereas, I, the said was then and am now the lawful wife of the said and in the event of my surviving him the said would in due course of law be entitled to dower T)f the lands and premises above referred to and set forth. And whereas it has been agreed that I shall release any claim for dower I may now or hereafter have in the said premises. Now KNOW ye, that I, the said in consider- ation of the premises and in further consideration of to me in hand paid (the receipt whereof I hereby acknowledge) do hereby grant, remise, release, relinquish and quit claim unto of the of in the County of and Province aforesaid his heirs and assigns, all dower and rijiht to dower which I now have, or in the event of surviving my said husband, could or might have in the premises referred to in any way whatsoever. In Witness, &c. ^ Signed, Sealed, &c. We CERTIFICATE TO 13E ENDORSED. and both of the of in the County of and Province of CONVEYANCER. 335 * Esquires, two of Her Majesty's tTusticcs of tlio Peace in and for the said County, do certify that ' wife of ■ personally appeared before us and bcini:; duly exair>ined by us touching her consent to be barred of her right of dower of and in the lands in the within deed mentioned, it did appear to us that the said did give her consent thereto freely and voluntarily and without coercion or fear of coercion on the part of her husband or of any other person. •■' - ' Signed, ' J. P. ' ^ * J. P. Pated at this day of A. D. 18 . AFFIDAVIT OP EXECUTION. County of ] I of the TO WIT : j of 'in tho said County of make oath and say that I knew the within named and was present and ';aw her execute the within instrument and duplicate, at the of in the said County of And that my name, place of resfdenco and occupation, are correctly set forth as above. Sworn before me at in the said County of this ■ day of A. D. 18 . A Cornmissionei', ij"C., in B. R. I RELEASE Oi' DOV/ER. [Another Form.) Know all persons by these presents, that I, A. G., of, &c., for and in consideration of the sum of five shillings of good and lawful money of Canada, to 836 THE CANADIAN '^ me in hand paid by J. Gr. of at or before the sealing and delivery of these presents, the receipt whereof is hereby acknowledged, have remised and released, and by these presents dj reraise, release and forever quit claim unto the said J. Gt., his heirs, executors and ad- ministrators, all dower and right, title, claim and demand of or to dower, which I have or may claim of, in or to all or any part of the freehold lands and hereditaments whereof H. G., my late husband, deceased, was at any time seized, possessed, o.. interested ' ; and also all and all manner of action and actions, •,.ause and causes of actions, suits, bills, bonds, writings obligatory, debts, dues, accounts, sum and sums of money and demands, and every other cause, matter and thing whatsoever, which against the said J. G., I ever had, or which I or my heirs, executors or administrators shall or may have, challenge or demand, for or by reason or means of any cause, matter or thing, from the beginning of the world to the day of the date of these presents. In Witness, &c. [^The Certificate and Affidavit as in the last form. '\ RELEASE TO A GUARDIAN. Know all men, &c., that A. B., &c., son-and-heir of 15. 15., deceased, hath remised, released and forever quit- claimed, and by these presents doth remise, &c., unto C. D., of his guardian, all and all manner of action and actions, suits, reckonings, accounts, debts, dues and demands whatsoever, which he the said A. B. ever had, now hath, or which he, his executors and administrators at any time hereafter can or may have, t'ONVEVANCER. 387 dalm or demand against the said C. D., bis executors or administrators, for, touching and concerning the man- agement and disposition of any of the lands, tenements and hereditaments of the said A. B., situate, &c., or any part thereof, or for or by reason of any moneys, rents or profits by him received out of the same, or any payments made thereout, during the minority of the said A. B., or by reason of any matter cause or thing whatsoever relat- ing thereto, from the beginning of the world to the day of the date hereof In Witness, &c. — * — RELEASE TO EXECUTORS OX PAYMENT OF LEGACY. c» Know all men by these presents, that of and his wife, late one of the daughters and legatees named in the will of late of ' deceased, do hereby acknowledge that they have this day had and received of and from and executors of the last will and testament of the said ^ deceased, the sum of in full satisfaction and payment of all such sum or sums of money, legacies and bequests as are given and bequeathed to the said by the last will and testament afore- said, and all interest accrued therefrom. And therefore the said • ' and his wife, do by these presents, remise, release, quit-claim and for- ever discharge the said and their heirs, executors and administrators, of the said legacy or legacies, and of and from all actions, suits, payments, accounts, reckonings, claims and demands whatsoever, for or by reason thereof, or of any other acts, matter, ii 338 THIi CANADIAN cause or thing whatsoever, from the beginning of the world to the day of the date of these presents. In Witness, &c. Signed, Sealed, &c. ♦ ' RELEASE FROM LEGATEE ON COMIXG OF AGE. Know all men Br these presents, that whereas A. B., of made his last will and testament in Writing, bearing date and among other legacies therein contained, did give and bequeath unto me, C. D., of his son, the annual sum of to be paid to me quarterly, until I should attain the age of twenty-one years J and of his will constituted E. F. and G. H. joint executors, as in and by the said will may appear ; and whereas the said E. F. and G. H. did jointly accept of the said executorship and trust, and I, the said C. D., have attained my said age of twenty-one years; and whereas the said E. F. and G. H. have made up an account with me the said C. D., of all moneys received and paid by the said E. F. and G H., and all transac- tions in pursuance of the said executorship and trust; and have not only paid me the said C. D. the balance of such accounts, but also delivered unto me all the writings and papers belonging to the estate of the said deceased A. B. : Now know ye that I, the said C. D.j being fully satisfied in the premises, have remised, re- leased and forever quit-claimed, and by these presents do remise, release and forever quit-claim unto the said E. F. and G. H., and each of them, their and each of their executors and administrators, all reckonings and accounts, sum and sums of money by them had and received in pursuance of the said trust, or by means of CONVEYANCEft. 330 their being executors to the said A. B. as aforesaid; and also of and from all other reckonings, accounts and demands whatsoever, from the beginning of the world to the day of the date of these presents. In Witness, &c. RELEASE OF A TRUST. To ALL, &c., A. B., of, &0., sendeth greeting : Whereas, by Indenture bearing date made between, &c. [here recite the deed], in which said Indenture the said A. B. doth hereby declare that his name was only used in trust, for the benefit and behoof of C. D., of : Now, know ye, that I, the said A. B., in discharge of the trust reposed in me, at the request of the said C. D., have remised, released, and surrendered, assigned, and set over, and by these presents for me, my executors and administrators, do freely and absolutely remise, &c., unto the said C. D., his executors, &c., all the estate, right, title, interest, use, benefit, privilege, and demand whatsoever, which I, the said A. B., have, or may have, or claim, of or to the said premises, or of and in any sum of money, or other matter or thing whatsoever, in the said indenture contained, mentioned, and expressed ; so that neither I, the said A. B., my executors or administrators, or any of us, at any time hereafter, shall or will ask, claim, challenge or demand, any interest, &c,, or other thing, in any manner whatsoever, by reason or means of the said indenture, or any covenant therein contained, but thereof and therefrom, and from all r«c'tions, suits, and demands, which I, my executors, administrators, or if. H 840 THE CANADIAN assigns, may have concerning the same, shall be Utterly excluded and for ever debarred by these presents. In Witness, &c. y-i: RELEASE OF A PROVISO OR CONDITION. Know all men, &c., that I, A. B., of fot divers good considerations mo hereunto moving, have remised, released, and quit-claimed, and by these pre" sents, for me, my executors, admininistrators, and assigns, do, &c., unto of • his heirs, executors, administrators, and assigns, as well a certain proviso or condition, and all and every the sum and sums of money specified in the same proviso or condi- tion, contained or comprised in an indenture, of, &c., bearing date, &c., made between me the said A. B., of the one part, and the said of the other part, and also all and all manner of actions and suits, cause and causes of actions and suits, for or concerning the said proviso or condition. In Witness, &c. MARRIAGE ARTICLES. Articles of Agreement of three parts, indented, made, &c., this day of A. D. 18 , between A. B., of, &c., of the first part, E. D., of, &c., daughter of, &c., of the second part, and C. D., of, &c., and E. F., of, &c., of the third part, as followeth : Whereas, the said E. D. is seized to her, and to her heirs in fee simple, of and in certain lands, messuages, or tenements, with their appurtenances, situate, lying, and being, &c. And, whereas, a marriage is shortly intended to be had. CONVEYANCEK. 3-41 and solemnized, between the said A. 13. and E. D., witli whom the said A. B. is to have and receive in money, over and besides the lauds, &c. above-mentioned, as and for her marriage portion ; It is therefore cove- nanted and agreed, by and between the said parties to these presents, in manner and form following (that is to say,) first, the said A. B. for himself, his heirs, execu- tors, and administrators, doth covenant and agree, to and with the said C. D. and E. F., their heirs and assigns, that they the said A. B., and E. D., his intended wife, in case the said intended marriage shall be had and solemnized, by some good and sufl&cient convey- ance, or conveyances, in the law, shall settle and assure all those lands, messuages, or tenements, with the appurtenances whereof she the said E. D. is seized as aforesaid, on and to the said C. D. and E. F., to the use and behoof of the said A. B., and his assigns, during the term of his natural life ; and from and after the decease of the said A. B., then to the use and behoof of the said E. D., his said intended wife, for and dur- ing the term of her natural life ; and from and after her decease, then to the use and behoof of the heirs of the body of the said E. D., by the said A. B. lawfully to be begotten, and for the default of such issue, then to the use and behoof of the said E. D., her heirs, and assigns forever, and to and for no other use, intent, or purpose whatsoever. And, whereas, the said E. D. is also possessed of, or interested in, for the remainder of a term of years, (if she shall so long live,) all that messuage or tenement, with the appurtenances, situated, &c., by virtue of a certain indenture of lease thereof granted to the said E. D., by of, &c. Now, the said A, B., for 29 : i asn 342 TUB CANADIAN himself, his heirs, executors, and administrators, aoth further covenant, grant, and agree to, and with the sa'd C. D. and E. F., their heirs, and assigns, that they tlie said A. B. and E. D., his said intended wife, (in case the said marriage shall take effect,) shall and will, by like good and sulFicient conveyances in the- law, settle and assure the said messuage or tenement, with the appurtenances, in such manner, as that the same may be held and enjoyed, and the rents and profits thereof may be had, received, and taken by the said A. B., and his assigns, during so many years of the said term, as he shall happen to live ; and from and after his decease, then by the said E. D., his said intended wife, and her assigns, for and during so many years of the said term as she shall happen to live ; and from and after her decease, then by such children of the said E. D., by the said A. B., to be begotten, in such manner.asitmay not be in the power of the said A. B. to defeat such their issue : and for default of such issue, then by the execu- tors, administrators, or assigns of the said E. D., and upon no other trust, and to and for no other use, intent, or purpose whatsoever. And forasmuch as the said A. B. is not at present seized or possessed of any estate sufficient to make a jointure for the said E. D., his intended wife, equivalent to her fortune, the said A. B. doth for himself, his heirs, executors, and administrators, covenant, grant, and agree, to and with the said C. D. and E. F., their heirs, and assigns, that in case the said intended marriage shall take effect, and he, the said A. B., shall happen to die in the lifetime of the said E. D., that then he, the said A. B , shall and will, by his last will and testement, in vrri^ing, or otherwise, give and assure unto the said E. D. CONVEYANCKn. r,i3 the sum of of lawful money of Canada, or the full value thereof in lands, tenements, ^oods, or chattels, to be at her own proper disposal, and to be by her received, and taken to her own proper use and bonefifc. In witness, &c. MARRIAGE SETTLEMENT IX THE HANDS OF TRUSTEES. snt a snt irs, nd rs, lall lie lid in This Indenture, made this day of A.I). 18 , Between S. J., of spinster, of the first part, and 0. J. of the said city, merchant, and J. S. of the said city, merchant, of the second part, and H. H. of the said city, merchant, of the third part : "Whereas, a marriage is contemplated shortly to be had and solem- nized by and between the said parties of the third part and first part ; And whereas it hath been understood and agreed by and between them, that whatsoever property or estate, whether real or personal, which the said party of the first part now hath, or hereafter may acquire or become entitled to in her own right, either by gift, devise, descent, distribution, or otherwise, should be duly granted, assigned, and conveyed to and vested in trustees, and thereby be secured for her own separate use and benefit, and placed beyond the reach, control, or management of the said party of the third part, and not be subject or liable to or for his present or future debts or responsibilities in any manner or degree whatsoever. Now, therefore, this indenture wit- nesseth, that the said party of the first part, in consider- ation of the premises, and of one dollar to her in hand paid by the said parties of the second part, at or before the ensealing and delivery of these presents, the receipt 344 THE CANADIAN whereof is hereby acknowledged, by and with the previous and full knowledge and consent of the said party of the third part (testified by his being a party to and executing these presents), hath granted, bargained and sold, aliened, conveyed and confirmed, assigned, transferred and set over, and by these presents doth, &c., unto the said parties of the second part, and the survi- vor of tliem, their and his heirs, executors, administra- tors and assigns, forever all and singular the fortune, property, lands, goods, chattels, rights, credits, moneys, bonds, mortgages, stocks, choses in action, and other estate whatsoever, both real and personal, wheresoever and howsoever situate, which the said party of the first part now hath or is entitled to in her own right, or which she may at any time or times hereafter and during the said contemplated coverture acquire or become entitled to in her own right, either by gift, devise, bequest, descent, distribution or otherwise howsoever, with all and singular the rights, members, hereditaments and appurtenances to the same belonging, or in any wise appertaining; To have and to hold the same, and every part and parcel thereof, with the appurtenances, unto the said parties of the second part, and the survivor of them, their and his heirs, executors, administrators and assigns, to and for their and his own proper use, benefit and behoof forever : In trust always, nevertheless, and to and for and upon the following uses, intents, confi- dences and purposes of and concerning the same ; that is to say, in trust for the sole use and benefit of the said party of the first part, until the said contemplated mar- riage shall be had and solemnized, and to be reconveyed to and revested in her, should the said contemplated marriage not take place : and from and immediately CONVKYANCKU. 313 nfter such marriage being had and soleranized. in trust during the coverture thereupon ensuing, for the separate and sole use and benefit of the said party of the first part, and to secure, invest and improve the trust premises for her, and to collect and leceivc the annual income, divi- dends, interest, renter other proceeds thereof, and to pay over such proceeds to her from time to time, when and as such proceeds shall be received by the said parties of the second part, or either of them, during the said coverture, for her own individual use and benefit, and upon her separate receipt, and without the sanction or concur- rence of the said party of the third part, and in the same manner and with the like effect as if she were solo and unmarried. And in the event of the said party of the first part surviving the said party of the third part, then upon this further trust and confidence, forthwith to reconvey and revest the said trust premises, or so much and such part thereof as may then remain, to and in the said party of the first part, her heirs, executors, admin, istrators and assigns, to and for her and their own proper use, benefit and behoof forever. But should the said party of the third part survive the said party of the first part, then and in that event, upon this special trust and confidence, to convey, transfer and make over the said trust premises, or so much and such parts thereof as may then remain, to such person or persons, and in such shares, interests and proportions, and for such estate, and in such manner, and upon such considerations as the said party of the first part shall, in and by any instrument in writing, in the nature of a last will and testament, to be executed by her under her hand and seal, in the presence of two or more credible witnesses, at any time either before or during the said contemplated ;mo Tin: CANADIAN coverture, and notwithstanding her said coverture, order, designate, limit or appoiut And should the said party of the first part depart this life without ever liaving exe- cuted any such instrument, leaving the said party of the third part hor surviving, then upon this further special trust or confidence, to make over and transfer, assign and deliver the said trust premises, or so much and such parts thereof as may then remain, to the living issue of the said marriage; if such issue be one person, then to that person solely ; but if such issue be several persons, then to those persons in such shares and portions as such persons would have taken the same by descent and dis- tribution, had the said party of the first part survived the said party of the third part. And should the said party of the first part depart this life without ever having executed any such instrument, leaving the said party of the third part, but no issue of the said marriage her sur- viving, then upon this further special trust and confi- dence, to make over, transfer, assign and deliver the one equal half part of the said trust premises, or of so much and such parts thereof as may then remain to the said party of the third part, his heirs, executors, administra- tors and assigns, to and for his and their own proper use, benefit and behoof, forever; and the other moiety thereof to such person or persons as would have been the right heir or heirs at law and next of kin of the said party of the first part, had she always remained sole ard unmar- ried. And the said party of the third part doih hereby for himself, his heirs, execu^^ors ^nd uaiuiniatrators, covenant, grant, promise an ' o to and v'th the said parties of the second part, a die survivoi i them, his executors and administrators, u^at o the said party of the third part shall and will permit the said party of the CONVKVANCEB. n\7 tirst purt, at any time durinc; tlio said coverture, i'reely and voluntarily to luakc and cxccuto hor last will and testament, or appointment, and to alter the same from time to time airroeably to hor own free will and pleasure, according to the true intent and meaning of these pre- sents, without any restraint, coercion, persuasion or influence whatsoever on his part or behalf; and that he will not at any time interfere with or exercise any autho- rity or control over the said trust premises, or any part thereof; and that he the said party of the third part, his heirs, executors and administrators, shall and will at all times do, execute and perform, or cause or procure to bo done executed and performed, all and singular such law- ful and reasonable acts, deeds, matters and things as may become requisite and proper to fully and absolutely vest, transfer and convey the said trust premises to and in the said parties of the second part, and the survivor of them, their and his heirs, executors and administrators, and to carry into effect the true intent and meaning of these presents, as by the said parties of the second part, or the survivor of them, or their or his heirs, executors or administrators, or thfeir or his counsel, learned in the law, shall be reasonably advised, devised or required. And the said parties of the second part do, for them- selves and their respective heirs, executors and adminis- trators, severally but not jointly, covenant, grant, pro- mise and agree to and with the said party of the first part, lier executors and administrators, that they the said parties of the second part shall and will well and truly and faithfully execute and perform all and singular the trusts hereinbefore declared, and hereby reposed in them and the survivor of them, according to the true intent and meaning of these presents ; It being, huw- 348 TDE CANADIAN ever, expressly understood, admitted and conceded by the said parties both of the first and third parts, that neither the said parties of the second part, nor the sur- vivor of them, nor the heirs, executors or administrators of such survivor, in the performance of the trusts hereby repused in them, shall be held responsible or mado accountable for unavoidable mistakes or losses, or for the acts, deeds, omissions or defaults of each other, in which they shall not jointly participate, or of which they shall not be jointly guilty; and that their respective liability and accountability in the premises shall not extend beyond the exercise of ordinary care, diligence and fidelity. And that in the investments and improve- ments of the said trust premises, the said parties of the second part, and the survivor of them, may at all times during the continuance of the said trusts, o.. any of them, exercise a discretion, and invest the saMe in any kinds of stock, bonds, mortgages or real estate, as they or he may at the time deem best, having due regard to the safety and productiveness of the investments, and may from time to time, at their or his own pleasure, alter or change the said investments or securities. And it is hereby further expressly understood and agreed, by and between all the parties to these presents, and it is here- by mutually declared to bo their true intent and mean- ing, that at no time during the said coverture, and under no pretence, and by no device whatsoever, shall the principal of the said trust premises be impaired or dimi- nished by payment or appropriation of any part thereof, to or for the said party of the first part, or otherwise, unless by losses or depreciation unavoidably sustained ; nor shall there be any appropriation or other disposition by way of anticipation of the annua} or other periodical CONrEVANCER. 349 al proceeds of the said trust premises, or nny part thereof; but every such appropriation and disposition shall be absolutely null and void. In Witness, &c. SETTLEMENT OF WIFE'S PERSONAL ESTATE IN CONTEMPLATION OF MARIIIAGE. Tins Indenture of three parts, made this day of A. D. 18 by and between A. B., of spinster, of the first part, C. D., of Esquire, of the second part, and E. F., of gentleman, of the third part, witnesseth. That, whereaw a marriage is intended to be had and solemnized between the said parties of the first and third parts, and the said A. B. is possessed of certain personal estate, to wit, the sutn of which is now deposited with the company in the City of Toronto, forty shares of the capital stock of the Bank in eleven shares in the capital stock of the Bank in all which said A. B., with the consent of said party of the third part, is minded and disposed to transfer to the said party of the second part, in trust for her own proper use and benefit j New, therefore, in consideration of the premises, and of one dollar paid by the said C. D. to the said A. B. (the receipt whereof is hereby acknowledged) the said A. B. doth hereby assign, transfer, and set over to the said C. D. and bis executors and administrators, all the moneys, property, and effects above mentioned (whereof separate transfers, according to the usages and rules of the aforesaid corporations, have been made, of even date herewith) ; To hold the same to him the said C. D. and 30 i ii i i 350 THE CANADIAN his executors and administrators, upon the special trusts and for the use and purposes following, and none others, namely : In the Jirst place, that, until the solemnization of the said marriage, the said C. D. shall pay over to the said A. B., or shall empower her to receive for her own use, all the income, profits, and dividends arising from the said moneys and eflfects, and from any other estate which may be substituted therefor, as is hereinafter provided. Secondlyj That from and after the solemnization of the said marriage, and during the coverture of the said A. B. the said C. D. shall receive and collect the incomes, profits, and dividends of the said trust moneys and effects, or of any other substituted estate, so often and whenever the same shall be payable, and, after deduction of all incidental expenses, shall pay over the same, or so much thereof as she shall not direct to be added to the principal for the purpose of accumulation, to the said A. B. upon her sole and separate receipt therefor, and free from the control or interference of her said husband or any other person whomsoever. Thirdli/f That, in case of the decease of the said A. B. after the solemnization of the said marriage, and during the life of her said husband, the said moneys and effects shall be transferred and paid over by the said trustee to such person or persons as she the said A. B. by any instrument or note in writing subscribed by her in presence of at least two competent witnesses, shall order and appoint to take and receive the same ; and in default of her making such appointment, the same shall be transferred and paid to the said E. F., being then her husband, and in case of his decease before the saiil property shall be actually transferred and paid over to cOnVeyanceu. 351 liiin, tiien to such person or persouK us would be the lefj;iil representatives of the said A. JJ. by the statute for the distribution of intestates estates. Fourthli/f That in the event of 'he decease of the said E. F., leavinp; the said A. 13. survivii?!;, all the property then held in trust under this indenture, shall be transferred and conveyed back to the said A. 13. ; and, until so transferred, the trustee shall pay over to her, or empower her to receive, the income, proLts and dividends of the same for her own use. ; Fifthly^ That the said trustee shall have power, with the approbation or at the request of the said A. 13., expressed in writing, to sell and dispose of the said trust estate, or any part of it, and the proceeds to invest in other personal or in real estate, according to the written direction of the said A. 13. ; and the estate so purchased shall be had and held by the trustee for tho same uses and purposes, and upon the same trusts, as are declared in and by this indenture, of and concerning the property and estate first above mentioned, and may be sold and the proceeds reinvested from time to time in trust in manner aforesaid ; and it is hereby declared, that the purchaser of any estate held in trust as afore- said, shall not bo bound to see to the application of tho said purchase money. Sixthly^ That, in case of the decease of the party of the second part, or of his resignation of the said trust, he or his executors or administrators, shall convey, transfer, and pay over tho whole of the trust estate then held by him to such person or persons as may bo appointed in writing by the said party of the first part to bo the trustee or trustees under this indenture; And f i; ! SEPARATION, DEED OP. This Indenture made, «&c., between A. B., &c., of the one part, and D. E., &c., and C, wife of the said A. B., of the other part. Whereas some unhappy differences have lately arisen between the said A. 13. and C, his wife, and they have mutually agreed to live separate and apart from each other; and previous to such separation ho the said A. B. ii .']()2 THE CANADIAN Imtli conscutcil thereto, and also propo.sed and agreed that he, out of his own proper moneys would allow and pay the said C, his wife, during the term of her natural life, for her better support and maintenance, the annuity or yearly sum of clear of all tax-js, charges, and deductions whatsoever pr "able to her in such manner as hereinafter is mentioned (subject nevertheless to the proviso hereinafter contained, ••especting the payment of the said annuity), and also that, in case the said (.-., his wife, should die before the said A. B., that then the said A. 13. should pay to her executors or administrators the sum of towards her funeral expenses ; Now THIS Indenture witnessetij, that the said A. B., in pursuance of his aforesaid proposal and agree- ment, doth hereby, for himself, his executors and administrators, ard for every of them, covenant, promise and agree, to and ^yith the said D. E., his, etc., in man- ner and form following. (thai, is to say), that it shall and may be lawful to and for the said C., his wife, and that he the said A. B. shall and will permit and suffer her the said C, from time to time, and at all times from henceforth during her natural life, to live separate and apart from him, ...d to resvde and bo in such place and places, and family and families, and with such relations, friends, and other persons, and to follow and carry oa such trade and business, as she the said C, from time to time, at hdr will and pleasure, notwith.standi :g her present coverture, and as if she was a feme sole and unmarried, shall think fit. And that the said A. B. sliall not, nor v/ili, at any time or times hereafter, compel her to cohabit with him, or molest, disturb, or trouble her, for such living separate and apart I'rom him, or any other person or persons ' CONVEVANCER, rj63 wliatsoL'Xcr, for receiving;, harboring, or oiitcrtaininj:; her; nor shall or will, without the consent of the said C, visit her, or knowingly come into any house or place where she shall or may dwell, reside, or be; or send, or cause to be sent, any letter or message to her; nor shall or will, at any time hereafter, claim or demand any of the moneys, rings, jewels, plate, clothes, linen, woollen, household goods, or stock-in-trade, which the said C. hath now in her custody or possession, or which she shall or may IiereafM v buy and purchase, or which shall be devised and given to her, or she shall otherwise acquire, and that she shall and may enjoy, and absolutely dispose of the same as if she were a fume sole and unmarried. And further, that the said A. 15., his executors and administrators, or some or one of them, shall and will well and truly pay unto the said C, his wife, or her assigns, during the term of her natural life, for and towards her better support and maintenance, one annuity or yearly sum of free and clear of all charges, taxes, and dedujtions whatsoever J the said annuity or yearly sum of to be paid and payable to her the said C. r-^r? her assigns, during her natural life, in four equal p?\yuients, each amounting to the sum of on the first dnys of March, June, September and December in every year, or within ten days next following; the first quar- terly paymenl thereof to begin and bo made on or within ten days next following. In consideration of which sum of per annum, ?o hereby made payable to her the said C, in manner a."? aforesaid, she the said C. duth hereby agree to accept and take the same, in full satisfaction for her support n J,; J 364 THE CAS'ADlAn iind maintenance and all alimony whatsoever during liei coverture. Provided always, and it is hereby expressly agreed and declared, by and between all the parties hereto, and the true intent and meaning of them and these presents is and are, that in case he the said A. B., his executors or administrators) shall at any time hereafter be obliged to and shall actually pay any debt or debts which she the said C, his wife, shall at any time hereafter during her present coverture, contract with any person or per- sons whatsoever, that then and in such case it shall and may bo lawful to and for the said A. B., his exccutoryi and administrators, to deduct, retain to, and reimburse him and themselves out of the said annuity or yearly sum of so hereby made payable to her the said 0. .13 aforesaid, all and every such Hum and sums of mo'^'^v an ho and they shall be obliged to, and shall actu .^!y pay for or on account of any such debt or debts, to bo by her the said C, at any time hereafter, so contracted as aforesaid, together with all costs, charges, and damages, which he or they shall or may pay or sustain on account thereof, anything herein contained to tho contrary thereof in anywise notwithstanding. In Witness, kc. Signed, Sealed, &c. — ♦-• SHERIFFS' DEED FOR TAXES. \ Canada. County of ,- TO WIT. ) T11K8K ARE TO Witness, that in consideration of the §nm of paid to me by being the purchaser, s a 1 s CONVEY A NCEK. 365 at public auction, of tlic parcel or tract of land Iierciu- after mentioned, sold by me to pay assessments, on the day of A. D. 18 , under a writ to mo directed, as Sheriff, as hereinafter mentioned, according to the law in that behalf, I, being Sheriff of the County of by these presents, do, as such Sheriff, grant, bargain, and sell, unto heirs and assigns, AH, &g. To HAVE AND TO HOLD the premises hereby bargained ard sold, and all benefit and advantage thereto belong- ing, unto, and to the use of the said heirs and assigns for ever. In witness wiieueof, I have hereunto set my hand, and affixed my seal of office, this day of A. D. 18 . Signed, Sealed, kc. CERTIFICATE TO ACCOMPANY FOPwEGOING. County of | I, Sheriff of the TO WIT : j said County of Do HEREBY CERTIFY, that I did, ou the day of A. D. 18 , as such Sheriff, in consideration of ihc sum of of lawful money of Canada, execute to A deed of all thai certain parcel or traet of land situate in the Township of in the County of and Province of , containing by admeasurement acres, be the same more or less, being composed of sold by me for taxes, on the day of A. D. 18 , to the purchaser thereof for the above sura. Sheriff's Office, | Sheriff, 18 j County of 31 36a THK CANADIAN ASSIGNMENT OF DITTO. Mi ■ Witness, SURRENDEll OF LEASE. Know all men by these presents, that ia the within written Indenture named and described, in consideration of the sum of lawful money of Canada, to in hand well and truly paid by at or immediately before the sealing and delivery hereof, the receipt whereof do hereby acknowledge ; Do by these presents assign, surrender and yield up unto the said heirs, executors, administrators and assigns, All and singular the lands, hereditaments and premises comprised and described in the within Inden- ture of Lease, and thereby demised, together with all the rights, members and appurtenances to the same belonging or in anywise appertaining; and all the estate, right, title, interest, benefit of renewal, claim and de- mand whatsoever, either at law or in equity, of the said in, to, out of or upon the same pro- mises : To t'^e intent that by virtue of these presents, the residue now unexpired of the term of years of and 'n the said hereditaments and premises created by the within Indenture of Lease, and all other estate, term and interest thei\3in by virtue of the said Inden- I I ' 308 TUB CANADIAN ture, may merge in the t'rceliolJ reversion and inheri- tance of the said premises, and be thereby extinguished. And the said for heirs, executors and administrators, do hereby covenant with the said heirs, executors, adriiinistrators and assigns, that the said now ha in good right, full power and lawful and absolute authority to a.isign, suricnder and yield up the said hereditaments and premises in manner aforesaid, and according to the true intent and meaning of these presents. ' In Witness, &c. Signed, Sealed, 6lc. SUllRENDER OF LEASR. {Another Form.) To ALL, V I 12.8 IIM m IM 2.2 III 2.0 1.8 1.25 1.4 1.6 M 6" >- k V} ^ /}. % '^1 ^. c). 'm a & / c2 / yf ///. Photographic Sciences Corporation 23 WEST MAIN STREET WEBSTER, N.Y. 14580 (716\ 872-4503 ^J %^ ^ (/J i 374 THE CANADIAN in the said of Lave occasion, for such purposes, to take a conveyance of the lands hereinafter mentioned : Now, Tins Indenture witnessetii, that the said party of the first part, in consideration of the sum of of lawful money of Canada, to him well and truly . paid by the said parties of the third part, hath given, granted, bargained, sold and conveyed, and by these presents do give, grant, bargain, sell and convey unto the said parties of the third part, and their successors in office, All and singular that certain parcel or tract of land situate, lying and being To have and to hold the said parcel or tract of land, with the appurtenances and privileges thereto belonging, to them the said par- ties of the third part and their successors in the trust as hereinafter appointed, forever j Upon trust nevertheless, that is to say, upon trust for the site of a church, chapel, parsonage, burying-ground, and to permit such congregation, or any person or persons disposed to erect a ohapel for a congregation, free access to the said land, for the purpose of erecting the same, and after the same is erected, for the proper and needful reparation of the same from time to time ; And upon further trust, at all times hereafter to permit any duly accredited minister to preach and perform religious services in the chapel erected or to be erected on the game : And it is hereby declared, that in the event of the death, removal, resignation, withdrawal or dismissal of any of the said parties of the third part, or their suc- cessors, trustees in this trust, from membership with the said connexion, then in any of such cases the Conference of the said connexion, at a quarterly meeting, after notice of the same, shall and may appoint CONVEYANCER. 875 a person or persons in the room and place of suchof tlie said parties of the third part, and their successors, as may die, remove, resign, withdraw or be dismissed as aforesaid, such Trustees so named and appointed by the said Conference being members of the said con- nexion, and such persons so appointed and their succes- sors shall have the same powers, rights and duties, and be subject to the same trusts, as the said parties hereto of the third part ; and such appointments shall be regu- larly recorded in the Minute-book of the said Conference, and such record, duly signed by the President and Secre- tary of the said Conference, shall be taken and admitted as evidence of such persons being authorized Trustees in law and equity ; and such duly appointed Trustees, together with the superintendent minister, shall form a Board for the transaction of the affairs o? the said chapel, parsonage, burying-ground, at the meet- ings of which Board three trustees and superintendent minister shall form a quorum, and be competent to transact the business of the said trust, subject to revision by the Quarterly Conference of the circuit in which the said trust is situated. [^Doioer clause.'] In Witness, &c. Signed, Sealed, &c. WII?L, GIVING WHOLE OF PROPERTY TO WIFE, AND APPOINTING IIER EXECUTRIX. 'I, A. B., of, &c., declare this to be my last will and testament. I do hereby give unto my dear wife all ray real and personal estate whatever and wheresoever, to hold unto her, her heirs, executors and administrators, 876 THE CANADIAN according to the respective natures and qualities of the said premises, absolutely and forever. And I hereby appoint my said wife sole executrix of this my will, at the same time revoking all former and other wills, codi- cils, testamentary dispositions and appointments whatso- ever by me at any time heretofore made. In "Witness, &c. Signed by the said testator, as his last will and testa- ment, in the presence of us, present at the same time, who, at his request, in his presence, and in the presence of each other, have subscribed our names as witnesses. A. B., of, &c. [residence.'] C. D., of, &c. [residence.] WILL, GIVING TO ONE PERSON ALL TESTATOR'S REAL AND PERSONAL ESTATE. This is the last will and testament of me [tes- tator's name and description]. I devise and bequeath all the real and personal estate to which 1 shall be enti- tled at the time of my decease, unto [devisee's name, description and addition], absolutely, and I appoint the said sole executor of this my will ; hereby revoking all former testamentary writings. In Witness, &c. Signed by the said testator, as his last will and 'testa- ment, in the presence of us, present at the same time, who, at his request, in his presence, and in the presence of each other, have subscribed our names as witnesses. A. B., of, &c. [residence.] * , , C. D,, of, &c. [resida^Lce.'^ CONVEYASCEU. '.m WILL, GIVING INCOME TO WIFE FOR LIFE, AND AFTERWARDS CAPITAL TO CHILDREN. I, A. B., of, &c., hereby declare this to be my last will and testament. I give all my real and personal estate unto (J. D. and E. F., their heirs, executors and admin- istrators, upon trust, to sell and convert into money such real and personal estate, and to invest the sum or sums of money thus arising in the names of my said trustees in or upon the public stocks, funds or securities, or any real securities, and to vary the investment from time to time for any other of like nature. And to pay the annual income thereof to my dear wife during her life, if she shall so long continue my widow ; and after her decease or second marriage, then, as to the said trust fund and the yearly produce thereof, upon trust for all my children who, being sons, shall attain the age of twenty-one years, or, being daughters, shall attain that age or marry, in equal shares. And I authorize my said trustees or trustee, at any time after the decease or second marriage of my said wife, to apply the whole or part of the income of the presumptive share or shares of any child or children of mine who, being a son or sons, shall be under the age of twenty-one years, or, being a daughter or daughters, shall be under that age and unmarried, towards his, her or their maintenance and education. And also to advance any part of such presumptive shares (not exceeding one-half thereof) towards the advancement in life of any such children respectively. And I hereby authorize my said trustees or trustee to release or compound any debts owing to mo or to my estate, or to give time for payment, or to take such security for payment, and to adjust and pay all 378 THE CANADIAN claims niiitlo upon my estate, whether the same shall be supported by legal evidence or not, and also to refer to arbitration any dispute respecting any debt claimed to be owing to or I'rom mc, and generally to act in the premises as my said trustees or trustee shall in their or his discretion think fit; and all receipts given by my said trustees or trustee, acting in the execution of the trusts herein contained, shall exonerate the parties tak- ing the same from all responsibility with respec*; to the application of the moneys therein expressed to be receiv- ed. And I hereby authorize the acting trustees or trustee of this my will, and the executors or adminis- trators of the last acting trustee, by any instrument in writing, to substitute any person to be a trustee in the stead of any trustee who shall die, continue to reside abroad, disclaim, neglect, refuse or become incapable to act in the trusts aforesaid, and all the said trust estates or premises shall forthwith be transferred, so as to vest the same in such new trustee or trustees, either jointly with the surviving or continuing trustee or trustees, or solely, as the case may be, and such new trustee, as well before as after such transfer, shall have the same powers as if originally appointed a trustee by this my will. And I declare that the trustees for the time being of this my will shall respectively be chargeable only with such moneys as they respectively shall actually receive, and shall not be answerable for each other, nor for any banker, broker, or other person in whose hands any of the trust funds shall be placed, nor for the insuihciency or deficiency of any stocks, funds, shares or securities, nor otherwise, for involuntary losses. And I appoint the said C. D. and E. F. to be executors of this my will. In Witness, &c. Signed, Sealed, &c. (as before.) ' \ CONVEYANCER. 879 WILL OF PERSONAL PROPERTY TO CHILDREN ON ATTAINING TWENTY-ONE. I, A. B., of, &c., declare this to be my last will and testament. I appoint C. D. and E. F. the trustees and executors of this my will. And I direct the said C. D. and E. F., or the survivor of them, his executors or ad- ministrators, to convert my personal estate and effects into money as soon as may be after my death, and, after payment thereout of my just debts, to divide the residue into equal shares. I direct them to pay one of the said portions forthwith to my eldest son G. II. ; and as to the other shares, I direct my said trustees to hold the same upon trust, to pay one share to each of my younger children on their attaining the age of twenty-one years ; or if daughters attaining that age, or marrying, and in the meantime to invest the moneys forming such shares upon such securities, real or per- sonal, or otherwise, as my said trustees or trustee may think proper, and apply the annual income arising there- from towards the support and education of my said younger children during their respective minorities, as my said trustees shall deem most advantageous for them ; and in case any of my said trustees shall die, retire from office, or become incapable of acting in the execution of the trusts of this my will, then I declare that it shall be lawful for the surviving or continuing trustee, or the executors or administrators of the last-acting trustee, by any instrument in writing, to appoint any trustee or trustees to such vacant trusteeship, which new trustee or trustees, when so appointed, shall have the same 880 THE CANADIAN powers and authorities as if originally appointed a trus- tee or trustees by this my will. In Witness, &c. Signed, Sealed, &c. {as btforc.') WILL OF TRADESMAN DISPOSING OF BUSINESS, &c. Tins IS THE LAST WlLL AND TESTAMENT of mC I give to each of my children, who, being a son, shall at my death have attained the ago of twenty- one, or shall afterwards attain that age, or, being a daughter, shall at my death have attained that age, or have married, or shall afterwards attain that age, or marry, a portion of I authorize my wife to carry on my business of a ' and for that purpose to continue tenant of the premises which I shall use at my decease, or to take others which she may think more convenient, and to employ in the said business such portion of my personal estate as she shall deem fit. And I further authorize her to transfer the said business to one or more of my sons, or to admit one or more of them to a share in it, and to lend him or them such capital as may be necessary for carrying it on. I empower my wife to manage my personal estate generally, in such a manner as shall appear to her to be most advantageous to my family, investing the proceeds in her name, and varying, the investment or investments when and as she shall think fit (the real property so purchased to be converti- ble into and treated as personalty for all the purposes of my will). I give my wife all the income derived from CONVEYANCER. 881 the said business, and from the residue of my personal estate ; but charged with the maintenance, education and bringing up in a manner suitable to their station in life of my sons for the time being, under the age of twenty-one years, and my daughters for the time being under that age, not being or having been married. In the event of my wife marrying again, I thenceforth annul the powers and benefits hereinbefore given to her, and give- her an annuity of during the remainder of her life, payable quarterly into her proper hands, and to her sole and separate use. And I direct that the first payment of the said annuity shall be made at the expiration of three months from the day on which she shall account for and deliver up my personal estate in her hands to the other trustees of my will to their satisfaction ; but such annuity to cease if my said wife should attempt to alienate or incumber it, or any part of it. And I declare that on the death or marriage of my wife, my business of a and my personal estate, shall vest in the other trustees or trustee of my will, who shall have the same powers with respect to the manage- ment of the said business, and the investment and application of the said estate >as I have before given to my wife, and shall hold the said personal estate from and after the death or marriage of my wife in trust for all my children, who, being sons, shall attain the age of twenty-one years; or who, being daughters, shall attain that age or marry, in equal shares. And I authorize my said trustees or trustee, at any time after the decease or second marriage of my said wife, to apply the whole or any part of the income of the presumptive share or shares of any child or children of mine, who, being a son or sons, shall be under the age of twenty-one yeara, 382 THE CANADIAN or, being a daughter or daughters, shall be under that age, and unmarried, towards his, her or their mainte- nance and education. And also to advance any part of such presumptive shares, not exceeding one-half thereof, towards the advancement in life of any such children respectively. I appoint my said wife, during widow- hood and on her death (or if she shall marry again, then on her marriage), my friends to the office of executor and trustee of my will, and guardian of my infant children, with full power to compound and com- promise debts and claims, and settle my accounts and affairs, and to give receipts for moneys paid or accounted for to my estate by purchasers or others, who shall be exonerated by such receipts from all liability in respect of the application of the money. And I direct, so fir as concerns the trusteeship of my said friends, that vacancies occurring therein from death in my lifetime, or otherwise from disclaimer, or incapacity, shall, from time to time, be supplied by the other trustees or trustee for the time being, or if none such, then by the dis- claiming or resigning trustees or trustee, or if also none such, by the executors or administrators of the last deceased trustee. And I declare that as well my said wife, as the other trustees or trustee of this my will, shall be chargeable only to the extent of her, his or their respective actual receipts, and be exempt from responsibility for involuntary losses, and be entitled to retain all disbursements and expenses incident to the execution of my will. In Witness, &c. ■ Signed, Sealed, &c. (as le/ore.) COSVEYANCBB. 888 under that leir luainte- any part of lalf thereof, ich children ing widow- larry again, to the office 'dian of my d and com- 5Counts and r accounted ho shall be ^ in respect TGct, so fir lends, that ly lifetime, shall, from I or trustee )y the dis- also none the last 1 my said my will, his or mpt from titled to nt to the WILL BEQUEATHING SEVERAL LEGACIES, AND APPOINTING A RESIDUARY LEGATEE. er. I, A. 15., of, ko., declare this to be my last will and testament. I bequeath to my wife, 0. D., all the fix- tures, prints, books, plate, linen, china, wines, liquors, provisions, household goods, furniture, chattels and e£Fccts (other than money or securities for money) which shall at my death be in or about my dwelling-house, or the out-buildings or grounds thereof. I bequeath to my said wife the sum of to be paid to her within one calendar month without interest. I also bequeath the following legacies to the several persons hereafter named. I give and bequeath to my nephew, E. F., the sum of I give and bequeath to my cousin, G. II., the sum of I give and bequeath to my/riend, J.K., the sum of {And so on with other pecuniari/ legacies.') I also bequeath to each of my domestic servants who shall be living with me at the time of my death in the capacity of (state the description of servants to whom the legacies are to he given) one year's wages in addition to what may be due to them at that time. And I direct that my executors shall supply each of my domestic servants, both male and female, who shall be living with me at the time of my decease, with a suit of mourning becoming their respective positions. I bequeath to each of the several persons hereinafter named, during his or her natural life, the following annuities : — An annuity of to L. M.; an annuity of to N. 0. J and an annuity of to P. Q. ; which several annuities shall commence from my death, and be paid quarterly without deduction. And I direct my executors to purchase and set apart, within twelve 684 THE CANADIAN CONVEYANCER. , calendar months after my death, in their names, sufficient funds in Bank Stock of the Chartered Banks of Canada, and in the meantime to pay the said annuities out ot the said residue. And as to all the rest, residue and remainder of my real and personal estate (inclusive of the funds to be set apa'rt pursuant to the above direction, when and as the respective annuities payable thereout shall drop) I devise and bequeath the same unto R. S., his heirs, executors, administrators and assigns, abso- lutely for ever. And I appoint T. U. and V. \Y. executors of this my will. In Witness, &c. Signed, Scaled, &c. (as before.) — *- CODICIL TO A WILL. "J^l '\j Tins is a codicil to the last will and testament of mc ' . » <- of, &c., bearing date the day of A. D. 18 (the date of the will.') I do hereby revoke the bequest of all my household furniture to my son and do give and bequeath the same to my daughter to and for her own absolute use and benefit for ever. ; I give and bequeath to my daughter in addition to the legacy bequeathed to her by my said will, the further sum of ^ In all other respects I do confirm my said will. In Witness, &c. • . ; Signed, Sealed, &c. (as he/ore,) T W. C. CHEWETT t CO., PniNTEES, 17 t 19 KINQ STREEt FAST, TORONTO. iMos, sufficient 'ts of Canada, nuitics out of ;, residue and (inclusive of o?e direction, able thereout e unto R. S., ssigns, abso- and V. W. ment of Die f A. B. ' household iqueath the ra absolute n addition I will, the TORONTO.