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 1 
 
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Th 
 
THE 
 
 NEW CONVEYANCER 
 
 
 A COMPENDIUM OF CONVEYANCING PRECEDENTS 
 
 ADAPTED TO MEET THE PRESENT LAW ; 
 
 COMPRISING 
 
 FORMS IN COMMON USE, WITH CLAUSES 
 APPLICABLE TO SPECIAL CASES, 
 
 BY 
 
 A. H. O'BRIEN, M.A., 
 
 O/Osgoode Hall, Barrhter-at-Latv, 
 
 ASSISTANT EDITOR OF THE CANADA \.\\\ JOURNAL, 
 ETC. 
 
 TORONTO : 
 The Goodwin Law Book and Poblishinc Company (Ltd.) 
 
 1893. 
 
 ii 
 
02S 
 
 Entereil according to Act of the Parliament of Canada in the year 1893, 
 by The Goodwin Law Book and Publishing Company (Ltd.), at the 
 Department of Agriculture. 
 

 PREFACE. 
 
 The chief use of a collection of conveyancing forms 
 is to furnish precedents which will enable a convey- 
 ancer, with the least possible delay or research, to draw 
 any instrument of ordinary use, suggesting to him at the 
 same time provisions proper to be inserted, and contin- 
 gencies to be guarded against. It is seldom that a form 
 can be an exact model of the instrument to be drawn. 
 
 In the desire that this collection should be kept 
 within a modeiate compass, and the book of a conve- 
 nient size, difficulty was experienced in deciding what 
 forms should he inserted and what omitted. Many 
 forms, not in common use, but usually contained in 
 similar collections, have been omitted in order to make 
 room for others more often required, but not commonly 
 found in books of precedents. Space was also desired 
 for additional forms of the same instrument, and for 
 special clauses for special cases. 
 
 The author is indebted to many members of the pro- 
 fession residing in different parts of the Dominion, and 
 who have made a special stud;; of particular branches 
 of conveyancing, for manuscript forms which they had 
 drafted with care for use in their own practice ; and grate- 
 ful acknowledgment is here made of their assistance, 
 which invariably was freely and willingly given. Special 
 reference should be made in this connection to Mr. 
 
 I 
 
 ill 
 
 y 
 
 'J 
 
IV. 
 
 PRKFACE. 
 
 J. G. Scott, Q.C., Master of Land Titles, who selected the 
 forms to be inserted under the Land Titles Act, and 
 also revised them as they were going through the press. 
 Other forms have been carefully selected and adai)ted 
 from the best English and American authorities. 
 
 The usual affidavit of execution by a witness to a 
 signature (see page i), which is required when an instru- 
 ment is to be registered, is, in general, omitted to avoid 
 repetition. 
 
 It has been preferred to follow the English custom, 
 and use generally throughout the book, when property 
 or rights are conveyed, the words " conveyance " and 
 "grant" rather than the word "deed"; every instru- 
 ment under seal being, properly speaking, a "deed." 
 
 The decision of the Court of Appeal for Ontario "/« re 
 The Assignments and Preferences Act, s. 9," 20 A. R. 489 ; 
 29 Can. Law Journal 338, makes doubtful the validity 
 of this Act (R.S.O., c. 124), forms relating to which will 
 be found on pages 3 and 95. Until the highest court 
 has given an opinion, it will be advisable to make every 
 assignment for the benefit of creditors in accordance 
 with one of the forms on pages 97, lor, and 105, which 
 are drawn under the Common Law, without reference to 
 the Act, and which are framed to comply with the Act 
 respecting Bills of Sale (R.S.O., c. 125, s. 5), thus re- 
 quiring an afifidavit of fiond fides, and registration in the 
 office of the Clerk of the County Court within five days 
 of their execution. 
 
 A number of Manitoba forms are given, in view of the 
 close relations existing between that large and important 
 Province and the other Provinces of our Dominion ; in all 
 
I'KKl'ACK 
 
 of which it is bcheved the majority of the forms in this 
 book will be found to apply. 
 
 An Appendix is added of the persons before whom may 
 be made an affidavit of the execution of a document 
 which is intended to be registered in Ontario or Manitoba. 
 
 It is not pretended that this volume is a complete col- 
 lection of [)erfect forms ; it is hoped, however, that it 
 will be a handy book of reference, following upon the 
 lines of Rordan's "Canadian Conveyancer," but of more 
 extended scope than that work — a very useful one in its 
 day ; but which, having undergone no revision during the 
 last fourteen years, is now out of date. 
 
 The author, then, leaves this book to the kind con- 
 sideration of the profession, from whom he will always 
 be grateful for any notes of errors, or any suggestions 
 that might be made use of should another edition ever 
 be required. 
 
 A. H. O'B. 
 
 Toronto^ December ijih, iSgj. 
 
 I '■ 1 
 
 '^*il 
 
 
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 D 
 
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 1. 
 
 L. 
 
 Li 
 
 -M 
 
 M. 
 
 AT( 
 
 Nc 
 
 Nc 
 
 Pa 
 
 Pa 
 
 Poi 
 
 Rr] 
 
 Srt 
 
 Set 
 
 Wn 
 
 Ma: 
 
 App 
 
 Indi 
 
7* 
 
 TABLE OF CONTENTS. 
 
 Ai'i'iDAvirs 
 
 AORRRMKNIs ... 
 
 Arditration ..." 
 
 ARRANGRMENTS with CREDnOKs' . 
 ASSICNMKXTS 
 
 CONDITIDXs OK SaLK 
 
 Conveyances ... 
 
 f^KCLA RATIONS • . . 
 
 <^^uarantees - . . , 
 
 Land Trir.Es . . 
 
 Landlord and Tenant 
 
 Leases ... " ' 
 
 Mechanics' Liens 
 
 MORTCAGES ... " " * 
 
 Mortc;a(;e Sales - . . " ' 
 
 Notarial Forms 
 
 Notices ... ' " * 
 
 Partnershii ... ' ' 
 
 Patents ' ' 
 
 Powers of a 
 
 Releases 
 
 Separation 
 
 Settlements 
 Wills 
 
 Manitoha Forms 
 
 Api-endlk— exec 
 Lndex 
 
 Tl'OKNEV 
 
 UTION UK DOCUMEN 
 
 Ts 
 
 PA(;r:. 
 I 
 
 6 
 
 77 
 ■ 95 
 
 122 
 
 - 144 
 i8i 
 
 - 192 
 205 
 
 - 242 
 247 
 
 - 254 
 270 
 
 ■ 273 
 306 
 
 3S7 
 
 36s 
 369 
 
 376 
 
 410 
 
 422 
 
 440 
 
 451 
 
 457 
 
 466 
 
 481 
 
 499 
 501 
 
 w 
 
 > t 
 
 V h 1 
 
 
If 
 
 « I 
 
AFFIDAVITS. 
 
 AFFIDAVIT— (IKNKKAI, FORM. 
 
 County of 
 
 [or United Countit^s 
 
 of and ] 
 
 To Wit : 
 
 I [C/iris/inn and surnaffie 
 
 in fu/i] of the of in the 
 
 C bounty of , — '^fradr or occu- 
 
 l^ation\ make oath iiud say: — 
 
 1. 'I'hat, etc., \Eiiih fact should he 'Ued r/earlv ..nd 
 accurately. No two separate facts shouid he 'taii.u in the 
 same frra}:;ra/)h\ 
 
 2, 'I'hat, etc., 
 
 Sworn before me at the 
 
 of in the County of this 
 
 day of A.D. i8 -.* 
 
 
 A Commissioner for taking; attidavits 
 [or a Notary PuhHc, Justice of the Peace <?r Judge]. 
 
 County of 
 To Wit : 
 
 AFFIDAVIT OF EXECUTION 
 Of instrument to he repjstered. 
 
 (56 Vict., c. 21, Ont. Schedule O.) 
 
 I [Christian and surname 
 
 in full'] of the of in the 
 
 County of , [trade or 
 
 occupation\ make oath and say : 
 
 *[If the person mah'ni^ the affidavit is unable to read, add havinfj 
 been first read over and explained to him, who appeared perfectly to 
 understand the same, and who made his mark in my presence.] 
 
 
 It 
 
 ill 
 
 'I 
 
 '<M 1 
 
2 AFFIDAVITS. 
 
 1. That I was personally present and did see the 
 annexed [or within] instrument [and o'lpHcate thereof] 
 
 duly signed, sealed and executed by [one of] the 
 
 parties thereto. 
 
 2. That the said instrument [and duplicate] were exe- 
 cuted at the of . 
 
 3. That I know the said party [or parties]. 
 
 4. That I am a subscribing witness to the said instru- 
 ment [and duplicate]. 
 
 Sworn before me at the 
 
 of- in the County of this 
 
 -day of- 
 
 -A.D. 18—, 
 
 A Commissioner, etc. 
 
 AFFIDAVIT OF EXECUTION 
 OfLienNott, 
 
 (56 Vict., c. 21, Out. Schedule H.) 
 
 County of- 
 
 - of in 
 
 -, make oath 
 
 - ) i, , of the - 
 
 ythe County of ,- 
 
 To Wit : ) and say : 
 
 (i) That I was personally present and did see the 
 annexed [or within] instrument [and duplicate, // any\ 
 according to the fact] duly signed [sealed f] and executed 
 by and , the parties thereto. 
 
 (2) That the said instrument was read over in my 
 presence and explained to the said , and that he 
 
 • [As to whom affidavits may be made before^ see $6 Vict, , c. 2/, 
 s. 46, Out.] 
 
 f[// document not sealed^ omit this word.] 
 
AFFIDAVIT OF CLAIM. 
 
 appeared perfectly to understand the same, and was in- 
 formed that it might be registered as an incumbrance on 
 his lands. 
 
 (3) That the said instrument [and duplicate, // any, 
 according to the fact\ was executed at the of . 
 
 (4) That I know the said parties \or one or more of 
 them, according to the fact], 
 
 (5) That I am a subscribing witness to the said , 
 
 [and duplicate, according to the fact\ 
 
 Sworn before me, etc. 
 
 Canada ; 
 Province of 
 County of- 
 
 To Wit 
 
 AFFIDAVIT OF CLAIM. 
 Assignments and Preferences Act. 
 
 (R.S.O., c. 124, ss. 20, 24.) 
 
 Under the Act respecting assign- 
 ments and preferences by insolvent 
 persons, being R.S.O. (1887), c. 124. 
 
 In the Matter of of the 
 
 of in the County of 
 
 Debtor, and of the of in 
 
 I 
 
 ■of the- 
 
 the County of Claimant. 
 
 -of in the County of 
 
 make oath and say : 
 
 1. That I am the above-named claimant [<9ra member 
 of the above-named firm of claimants ; or the duly 
 authorized agent of the above-named claimant.] 
 
 2. That the above-named debtor is justly and truly 
 indebted to me \or the above-named claimant] in the 
 
 sum of dollars for goods supi)lied to the said debtor 
 
 at his order, and for [promissory notes, bills of exchange, 
 or money lent, etc.], that is to e y : . 
 
 !"■ 
 
 
 f S-i 
 
AFFIDAVITS. 
 
 3. That I hold [or the said claimant holds] no security 
 whatever for the said claim or any part thereof [or as the 
 case may be\ 
 Sworn before me, etc. 
 
 AFFIDAVIT OF CLAIM. 
 
 Creditors' Relief Act. 
 
 (R.S.O., c. 65, Schedule, Form B.) 
 
 In the County Court of the County of 
 
 - \state 
 
 County or United Counties in which it is intended pro- 
 ceedings shallhe taken\ 
 
 [A.B.] Claimant versus [CD,] Debtor. 
 
 I [A.B.], of in the County of , merchant \or 
 
 as tht case may be\ make oath and say : 
 
 (i) I am the above-named claimant \or the duly 
 authorized agent of the claimant in this behalf], and 
 have a personal knowledge of the matter hereinafter 
 deposed to. 
 
 (2) The above-named debtor is justly and truly in- 
 debted to me \orX.o the above-named claimant] in the sum 
 
 of $ , for \Jiere state shortly the nature and particulars 
 
 of the claim as they are required to be stated upon a 
 specially endorsed ivrit\ 
 Sworn before me, etc, 
 
 OATH OF ALLEGIANCE. 
 
 (R.S.C.c. 112, s. I.) 
 
 
 I do sincerely promise and swear \or do solemnly, 
 
 sincerely, and truly affirm and declare] that I will be 
 faithful and bear true allegiance to Her Majesty Queen 
 
AFFIRMATION. 
 
 Victoria [or reigning sovereign for the time being\ as 
 lawful sovereign of the United Kingdom of Great 
 Britain and Ireland, and of this Dominion of Canada, 
 dependent on and belonging to the said kingdom, and 
 that I will defend Her to the utmost of my power against 
 all traitorous conspiracies or attempts whatsoever whicii 
 shall be made against Her person, crown, and dignity, 
 and that I will do my uvmost endeavor to disclose and 
 make known to Her Majesty, Her heirs or successors, 
 all treasons or traitorous conspiracies and attempts which 
 I shall know to be against Her or any of them ; and all 
 this I do swear [or affirm] without any equivocation, 
 mental evasion, or secret reservation. So help me God. 
 Sworn [or affirmed] before me, etc. 
 
 County of- 
 
 AFFIRMATION. 
 
 (R.S.O., c. 6i, s. 12.) 
 
 "l I [Christian and surname in 
 
 - fiill\ of the of in the County 
 
 . of , [trade or occupation], 
 
 To Wit • ^^ solemnly, sincerely, and truly 
 
 affirm and declare : 
 J 
 
 I. That, etc., [as in affidavit " General For m^^\ 
 
 Affirmed before me at the 
 
 of in the County of this 
 
 day of- A.D. i8 — . 
 
 
 A Commissioner, etc. 
 
 ii^ 
 
AGREEMENTS. 
 
 AGREEMENT -GENERAL FORM. 
 
 Agreement made this day of 18— , Between 
 
 of the of in the County of , 
 
 \()ccupatioti\ of the one part, and of the of 
 
 in the County of , , of the other part. 
 
 Whereas, etc., [I/isert recitals, if any]. 
 
 WITNESSETH that [in consideration of ] the said 
 
 parties hereto do hereby mutually covenant, promise, 
 and agree to and with each other in manner and form 
 following, that is to say : 
 
 IV/ien more than two parties covenant^ substitute for 
 the above Witnesseth that [for and in consideration 
 of the sum of one dollar of lawful money of Canada, 
 now paid by each of the said parties hereto to the other of 
 them respectively], they, the said parties hereto, for them- 
 selves, their and each of their heirs, executors, adminis- 
 trators and assigns, do hereby respectively covenant, 
 promise and agree to and with the other of them, his 
 heirs, executors, administrators and assigns in manner 
 and form following, that is to say : 
 
 I. That, etc., \Insert particulars of agreement]. 
 
 In witness whereof the said parties hereto have 
 hereunto set their hands and seals. 
 
 \ln the case of a company^ substitute: In witness 
 
AGREEMENT FOR ADOPTION OF CHILI). ^ 
 
 WHEREOF the [presideni, or manager, or as may be 
 
 required^ of the said company has hereunto set his 
 
 hand and affixed the corporate seal of the said company.] 
 
 Signed, sealed, and delivered)^ 
 in the presence of 1 
 
 AGREEMENT FOR ADOPTION OF CHILD. 
 
 Agreement made this day of 18 — , Between 
 
 of hereinafter called the [mother or father] of 
 
 the first part, and of , of the second part. 
 
 Whereas the said is the [mother] of a [male] 
 
 child who was born on the day of 18 — . 
 
 And whereas the mother is unable and unwilling by 
 reason of her poverty to maintain, support and educate 
 the said child in a proper and suitable manner \or as the 
 facts may he\. 
 
 And whereas the party of the second part is desirous 
 by and with the consent of the mother to adopt the 
 said child subject to the conditions herein contained and 
 support and maintain him so far as her means will per- 
 mit as if the said were her own child, and generally 
 
 to stand from and after the date of this agreement in the 
 place of a parent to the said child. 
 
 Now this agreement WITNESSETH that in con- 
 sideration of the premises and of the sum of one dollar 
 now paid by the party of the second part to the mother, 
 she, the mother, doth hereby grant and assign to the 
 party of the second part for ever all her rights to the 
 possession, custody, control and care of the said child, 
 and all right, profit and advantage derived or derivable 
 
 ',% 
 
 •ir-s 
 
 i 
 
8 
 
 AGREEMENTS. 
 
 from the custody and possession of the said child hence- 
 forth until the said child arrives at his majority, in as full 
 and ample measure as if the said child were the lawful 
 child of the party of the second part, and the mother 
 doth hereby appoint the party of the second part the 
 guardian of the said child. 
 
 And the party of the second part covenants and 
 agrees with the mother that he will henceforth and until 
 such time as the said child is able to provide for himself 
 mamtain, support, educate, and make sufficient provision 
 for the said child, to the extent and in the manner as if 
 
 the said were his own natural child, and will not hold 
 
 the mother in any way liable for the maintenance and 
 support of the said child. 
 
 And the mother covenants and agrees that she will lot 
 nor shall any person claimingunderher henceforth interfere 
 with or disturb in any way the right of the party of the 
 second part to the possession, custody, and control of 
 the said child or the right to direct the training, manage- 
 ment, or education, religious or otherwise, of the said 
 child, or in any way lay claim to such custody or control. 
 
 And it is hereby agreed betveen the parties hereto 
 that the party of the second part may, by deed or will, 
 nominate and appoint any person or persons to be the 
 guardian or guardians of the said child ; and in the 
 event of the party of the second part dying without having 
 made such appointment that the executor or adminis- 
 trator of the party of the second part may make such 
 appointment, and the mother hereby assents and agrees 
 to any appointment so made. 
 
 In witness, etc. 
 
 Signed, sealed, etc. 
 
 Ill 
 
apprenticf:ship agreement. 9 
 
 APPRENTICESHIP AGREEMENT. 
 
 This Indenture made the day of 18 — . 
 
 Between of , hereinafter called the apprentice, 
 
 and of his father, hereinafter called the father, of 
 
 the one part ; and of hereinafter called the mas- 
 ter of the other part. 
 
 WITNESSETH that the apprentice, of his own free will 
 and accord, and with the consent of his said father, doth 
 place and bind himself as an apprentice to the master for 
 
 the term of years, to be completed from the date 
 
 thereof, and fully to be complete and ended. During 
 all the said term the apprentice shall faithfully serve the 
 master, keeping his business secrets, and obeying his 
 lawful commands, and shall not absent himself from his 
 the master's service during business hours, nor do any 
 other act, matter, or thing whatsoever to the prejudice of 
 the master ; but in all things, as a faithful apprentice, 
 behave himself towards the master and his family, ser- 
 vants and work-people. 
 
 And the father doth hereby covenant with the master 
 that the apprentice will, during the said term, faithfully 
 serve the master according to the stipulations herein con- 
 tained. 
 
 JVAen father is to clothe and support. 
 
 And that he, the father, will, during the said term, pro- 
 vide the apprentice with good meat, drink, washing, and 
 lodging, and also all manner of necessary and becoming 
 wearing apparel, and, in case of sickness, with medicine 
 and professional medical attendance. 
 
 t.t 
 
lO 
 
 AGREEMENTS. 
 
 IVAen master is to clothe^ support, and provide school 
 
 instruction. 
 
 And the master covenants with the father that he will 
 provide the apprentice during his said apprenticeship with 
 suitable clothing and maintenance, and will send him to 
 a school for instruction in reading, writing, and arithmetic, 
 
 and other common studies during months in each 
 
 and every year until he shall reach the age of years, 
 
 and provide him with proper and sufficient books [or 
 shall allow the apprentice to attend the public school in 
 
 the section in which he resides months in every year 
 
 during said term, and shall provide the apprentice with 
 food, lodging, and clothing in sickness and in health]. 
 
 In consideration whereof the master doth hereby cov- 
 enant with the father that throughout the aforesaid term 
 he will teach, inform, and instruct the apprentice or 
 cause him to be taught, informed, and instructed by the 
 best available ways and means in the art, trade, or busi- 
 ness of a ; and also will pay or cause to be paid unto 
 
 the father, or as he shall direct, for the wages of the 
 
 apprentice, the sum of dollars monthly during the 
 
 first year of the said term ; the sum of dollars month- 
 ly during the second year of the said term ; the sum of 
 
 dollars monthly during the third year thereof ; the 
 
 sum of dollars monthly during the fourth year ; and 
 
 the sum of dollars monthly during the fifth and last 
 
 year of the apprenticeship hereby created. 
 
 Provided always, and it is hereby agreed by and 
 between the parties hereto that, in case the apprentice 
 shall lose any time through misconduct, or shall become 
 ill or incapable of following his employment during any 
 
 i\ 1 
 
ARTICLES OF CLERKSHIP. 
 
 II 
 
 part of the said term, then the wages to which otherwise 
 he would be entitled shall cease, and not be payable 
 during such time as shall be so lost. 
 
 And it is hereby declared and agreed that the expres- 
 sions, "the father" and "the master," wherever used 
 in this Indenture, shall, where the context allows, include 
 
 and be binding on not only the said and the 
 
 parties hereto, but also on their respective heirs, executors, 
 administrators, and assigns. 
 
 In witness, etc. 
 
 Signed, sealed, etc. 
 
 ARTICLES OF CLERKSHIP. 
 
 (Form approved by Law Society of Uppei Canada.) 
 
 Articles of Agreement made the day of 
 
 18 — , Between of the of in the County of 
 
 , [the father or guardian^ of the first part,* 
 
 of the same place son \or as the case 7nay be\ of 
 
 the said of the second part, and of one of 
 
 the Solicitors of the Supreme Court of Judicature for 
 Ontario, of the third part. 
 
 Witness that the said of his own free will [and 
 
 with the consent and approbation of the said testified 
 
 by his execution of these presents] hath placed and 
 bound himself, and by these presents doth place and 
 
 bind himself, clerk to the said , to serve him from 
 
 the day of the date hereof up to the day on which he 
 shall be admitted as a student-at-law or entered as an 
 
 * Where the ferson to he articled is of age, the father or guardian 
 need not be made a farty. 
 
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12 
 
 AGREEMENTS. 
 
 .11 
 
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 I 
 
 articled clerk, whichever shall first happen in accordance 
 with the rules of the Law Society, and during and until 
 
 the full end and term of years from the day of his so 
 
 hein,' admitted or entered then next ensuing. 
 
 And the said doth hereby for himself, his heirs, 
 
 executors, and administrators, covenant with the said 
 
 his executors, administrators, and assigns, that the 
 
 said shall and will well, faithfully, and diligently 
 
 serve the said as his clerk in the practice or 
 
 profession of a Solicitor of the Supreme Court of 
 Judicature for Ontario from the date hereof, during and 
 until the full end of the hereinbefore mentioned term. 
 
 And that the said shall not, at any time during 
 
 such term, cancel, obliterate, injure, spoil, destroy, waste, 
 embezzle, spend, or make away with any of the books, 
 papers, writings, documents, moneys, stamps, chattels, 
 or other property of the said , his executors, adminis- 
 trators, or assigns, or of his partner or partners, or of any 
 of his clients or employers. 
 
 And that in case the said shall act contrary to 
 
 the last-mentioned covenant, or if the said , his 
 
 executors, administrators, or assigns, or his partner or 
 partners, shall sustain or suffer any loss or damage by 
 the misbehaviour, neglect, or improper conduct of the 
 
 said the said his heirs, executors, or adminis 
 
 trators, shall indemnify the said and make good and 
 
 reimburse him the amount or value thereof. 
 
 And further, that the said will at all times keep 
 
 the secrets of the said and his partner or partners, 
 
 and will at all times during said term readily and 
 cheerfully obey and execute his or their lawful • and 
 
ARTICLES OF CLERKSHIP. 
 
 ti 
 
 reasonable commands, and shall not depart or absent 
 
 himself from the service or employ of the said at 
 
 any time during the said term without his consent first 
 obtained, and shall from time to time, and at all times 
 during the said term, conduct himself with all due 
 diligence, honesty, and propriety: 
 
 And the said doth hereby covenant with the said 
 
 executors, administrators, and assigns, that he the 
 
 said will truly, honestly, and diligently serve the 
 
 said at all times during the said term, as a faithful 
 
 clerk ought to do, in all things whatsoever, in the 
 manner above specified. 
 
 In consideration whereof and of paid by the said 
 
 (the receipt whereof the said doth hereby 
 
 acknowledge) the said for himself, his heirs, ex- 
 ecutors, and administrators, doth hereby covenant with 
 
 the said that the said will accept and take the 
 
 said as his clerk ; 
 
 And also that the said will by the best ways and 
 
 means he may or can, and to the utmost of his skill or 
 knowledge, teach and instruct, or cause to be taught 
 
 and instructed, the said in the said practice or 
 
 profession of a Solicitor of the Supreme Court of 
 
 Judicature for Ontario, which the said now doth or 
 
 shall at any time hereafter during the said term use or 
 practise ; 
 
 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 [and or either of them], to 
 
 cause and procure him the said to be admitted as 
 
 a Solicitor of the Supreme Court of T^dicature for 
 
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 I '- 
 
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14 
 
 AGREEMENTS. 
 
 Ontario, provided the said shall have well, faithfully, 
 
 and diligently served his said intended clerkship. 
 
 In witness, etc. 
 
 Skjned, sealed, etc. 
 
 BUILDING CONTRACT. 
 
 Between the proprietor and one contractor. 
 
 (Adapted from the form .ipproved by the Architects .ind Huilders of Toronto. 
 
 This agreement made the day of , i8 — , 
 
 Between of the of in the County of 
 
 and Province of Ontario, , hereinafter called the 
 
 contractor, of the first part, and of the of 
 
 in the County of and Province of Ontario, , 
 
 hereinafter called the proprietor, of the second part. 
 
 WITNESSETH that in consideration of the vnutual 
 agreements herein contained the contractor doth hc.eby 
 covenant, promise, and agree to and with the proprietor 
 as follows : 
 
 That he will well and sufficiently execute and perform 
 in a true, perfect, thorough, and workmanlike manner 
 the [brick work, plastering, carpenter work, joining, 
 painting, etc.] on or before the days and times, and in 
 the manner hereinafter set forth ; that is to say [the 
 walls shall be built up and made ready to receive the 
 
 roof on or before the day of , i8 — , and the 
 
 remainder of the brick work shall be finished on or 
 
 before the day of , i8 — ,] [the plastering shall 
 
 be completed within weeks after the contractor shall 
 
 have been notified by the architect hereinafter named 
 
 'I 
 
BUILDINd CONTRACT. 
 
 15 
 
 th.il the building is ready to he plastered;) [the 
 carpenter work shall be completed as the agreement 
 may be^ and so on with the various trades, omitting what 
 is not required i\ all of which s.iid work is required in the 
 erection and completion of \j^ive description of buildings^ 
 for the proprietor on the lands and premises situate at 
 
 in the of inthe County of in the Province 
 
 of Ontario, in accordance with the plans, drawings, and 
 specifications prepared for the said works by archi- 
 tect, to the satisfaction, and under the direction and per- 
 sonal 'jpcrvision of the said architect ; and will find and 
 provi*. . such good, proper, and sufficient material of all 
 kinds whatsoever as shall be proper and sufficient for com- 
 pleting and finishing all the work of said building 
 shown on the said plans and mentioned in the said 
 specifications, and signed by the contractor within the 
 
 time aforesaid, for the sum of dollars of lawful 
 
 money of Canada. 
 
 The proprietor doth hereby covenant, promise, and 
 agree to and with the contractor that in consideration of 
 the covenants and agreements herein contained being 
 strictly executed, kept, and performed by the contractor 
 as specified, he will well and truly pay or cause to be 
 
 paid unto the contractor the sum of dollars of lawful 
 
 money of Canada, in manner following : per cent. 
 
 to be paid [monthly, weekly, etc., as the case may be], on 
 account of the contract and all additional works, as the 
 work shall proceed, on the value of the same, which 
 value shall be in proportion to the amount to be paid for 
 the whole of the work and additional works, the balance 
 of the contract and all extras to be paid within days 
 
 m 
 
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/^ 
 
 i6 
 
 AGREEMENTS. 
 
 1 
 t 
 
 ■ F 
 
 1 
 
 1 
 
 *■«,?; 
 
 1 
 
 from the completion of the said work, and after the con- 
 tractor shall have rendered to the architect a statement 
 of balance due to him ; and it is further understood and 
 agreed that in the event of several contractors being 
 employed on the work, no trade is to be considered 
 complete till the other several contracts are also com- 
 pleted. 
 
 Provided that in respect of the said payments a pro- 
 gress certificate shall be obtained from and signed by the 
 architect that he considers the payments properly due ; 
 said certificate, however, in no way lessening the total 
 and final responsibility of the contractor, neither shall it 
 exempt the contractor from liability to replace work if it 
 be afterwards discovered to have been badly done, or 
 not according to the drawings and specifications either in 
 execution or materials. 
 
 And provided further that, if re'^'Mired, the contractor 
 shall oljtain and give to the proprietor a certificate from 
 the Registrar of the county where mechanics' liens or 
 claims may be registered that there are no mechanics' 
 liens or claims registered against the land of the pro- 
 prietor on account of the said contractor, and shall also 
 make a declaration that there is not upon the said build- 
 ing or property upon which the same is erected any 
 mechanics' lien for wages registered by reason of the 
 neglect or failure of the said contractor to pay the wages 
 of any person in his employ, and that he has paid all 
 wages earned in respect to or on the said work up to and 
 inclusive of the fourteenth day preceding the day upon 
 which the said declaration is made ; and thereupon and 
 on or before the said day after the completion of the 
 
BUILDING CONTRACT. 
 
 17 
 
 said works a final certificate shall be obtained from and 
 signed by the architect, certifying to the balance due the 
 c^^iiiractor on said contract, and for all extras in respect 
 thereof. But if, from any reasonable cause whatever, 
 such final certificate should not be obtained, or that the 
 giving of the same should be refused by the architect, 
 the contractor shall nevertheless after the expiration of 
 
 the said days be entitled to proceed at law to enforce 
 
 payment of the balance due him under the said contract, 
 and for all extra work in respect thereof, and the pro- 
 duction of a final certificate shall not in any case be a 
 condition precedent to his right to recover any amount 
 justly due to him. 
 
 And it is hereby further agreed by and between the 
 said parties as follows ; that is to say : 
 
 (i) The .specifications and drawings are intended to 
 co-operate, so that any works shown in the drawings and 
 not mentioned in the specifications, or vice versa, are to be 
 executed the same as if mentioned in the specifications 
 and set forth in the drawings, to the true intent and 
 meaning of the said drawings and specification?. 
 
 (2) The contractor, at his own proper costs and 
 charges, is to provide all manner of labor, material, appar- 
 atus, scaffolding, utensils, cartage of every description, 
 needful for the due performance of the severiu works, 
 and render all due and sufficient facilities to the archi- 
 tect, superintendent, and clerk of the works for the proper 
 inspection of the work and materials, and which are to 
 be under their control ; and they may require the con- 
 tractor to dismiss any workman or workmen who may be 
 incompetent, the workmen and contractor being only 
 
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 '%' 
 
 in' 
 
x8 
 
 AGREEMENTS. 
 
 t: ■ 
 
 V 
 
 admitted to the ground for the purpose of the proper 
 execution of the works ; and the contractor shall and 
 will during the whole time of building give due personal 
 attendance, either by himself or by a competent foreman 
 for each trade as may be required upon the execution of 
 all the works aforesaid, and take eftectual care that the 
 same be carried on, executed, and performed with such 
 expedition and dispatch, to be in every respect completed 
 the day provided for the completion thereof, subject 
 only to such provision for an extension of time as is 
 herein provided. The contractor shall deliver up the 
 works to the proprietor in perfect repair, clean, and in 
 good condition, when complete The contractor shall 
 not sub-let the works, or any j)art thereof, wiihout the 
 consent, in writing, of the architect. 
 
 (3) Should the proprietor or the architect, at any time 
 during the progress of the said works, require any altera- 
 tions of, or deviations from, additions to, or omissions 
 in, the said plans and specifications, he shall have the 
 right and power to make such change and changes, and 
 the same shall in no wise affect or make void the con- 
 tract, but the value of the work omitted shall be de- 
 ducted from the amount of contract by a fair and 
 reasonable valuation, and for additional work recjuired 
 in alterations the amount to be paid therefor shall be 
 agreed upon before commencing additions, and such 
 agreement shall state also the extension of time (if any) 
 which is to be granted by reason thereof ; provided that 
 in estimating the value of such alterations or additions 
 regard shall be had to any loss, outlay, or damage, 
 necessarily and reasonably sustained by the contractor 
 
ftUILDlNG CONtRACt. 
 
 TQ 
 
 in the preparations to comply with the original drawings 
 and specifications. 
 
 (4) In case the works are not carried on with such 
 expedition and with such materials and workmanship as 
 the architect, superintendent, or clerk of the works may 
 deem proper, then, with the special and written consent 
 of the proprietor, the architect shall be at liberty to give 
 
 the contractor days' notice, in writing, to supply such 
 
 additional force or material as in the opinion of the 
 architect is necessary, and, the contractor failing to sup 
 ply the same, it shall then be lawful for the proprietor to 
 dismiss the contractor and to employ other persons to 
 finish the work in such manner as the architect may 
 direct, and in accordance with the plans and sjiecifica- 
 tions ; and all payments made on account thereof shall 
 be deemed a payment on account of the contract, but 
 without prejudice to the right to recover any money 
 in excess of the contract price which may be paid for 
 so finishing the works, or any other damage caused by 
 breach of this contract. But if any balance on the 
 amount of this contract remains after completion, in 
 respect of work done during the time of the defaulting 
 
 contractor, the same shall belong to or the person 
 
 legally representing him. 
 
 (5) Should any question arise respecting the true con- 
 struction or meaning of the drawings and specifications, 
 or should any disputQ occur from any cause whatever 
 during the continuance of this contract, the same shall 
 be referred to the award, order, and determination of 
 the architect, whose award shall be final and conclusive, 
 subject only to the exception provided for in clause (6) 
 
 I 
 
 M 
 
 nm 
 
 I 
 
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 III 
 
90 
 
 AGREEMENTS. 
 
 1 
 
 
 in reference to the value of any claim for extras or 
 deductions. 
 
 (6) Should any dispute arise as to the value of any 
 claim for extras or deductions after the architect has 
 given his final certificate in writing on the completion of 
 the contract, the same shall be referred to two arbitra- 
 tors, one to be chosen by the proprietor and the other 
 by the contractor, and in case of disagreement the two 
 arbitrators shall appoint a third, and their award and 
 decision, or that of any two of them, shall be final and 
 conclusive, and binding upon all parties to this contract, 
 the submission and reference to be in writing under seal, 
 and to be signed by the proprietor and contractor, and 
 duly witnessed; and the said award of the arbitrators or 
 any two of them to be also in writing, duly signed, 
 sealed, and witnessed, and shall, if required, be made a 
 Rule of the High Court of Justice for Ontario. When 
 the proprietor or contractor shall apply for an arbitration, 
 the application shall not be entertained until security to 
 the amount of two hundred dollars has been given by 
 the aj)plicant to cover the costs of the arbitration, and 
 the arbitrators or any two of them shall decide as to the 
 payment of the costs of the arbitration and award. In 
 case of a balance remaining to the credit of the con- 
 tractor, according to the certificates of the architect, the 
 same may be received on account of the said security of 
 two hundred dollars to cover the costs of arbitration. In 
 case either party refuses or neglects to appoint an arbi- 
 trator witliin two weeks of his being notified to do so, 
 the judge for the time being of the County Court of the 
 County of shall appoint one for him. 
 
BUILDING CONTRACT. 
 
 »t 
 
 (7) All figured or written dimensions on drawings 
 or specifications to supersede the measurement by 
 scale. . ■ 
 
 (8) The proprietor will not in any manner be answer- 
 able or accountable for any loss or damage by fire or 
 otherwise that shall happen or may happen to the said 
 works or any part or parts thereof, respectively, or for 
 any of the materials or other things used and employed 
 in finishing and completing the said works, or for injury 
 to any person or persons, either workmen or the public, 
 or for damage to adjoining property from any cause whicii 
 might have been prevented by the contractor or his 
 workmen, or any one employed by him, and the con- 
 tractor having control over such work must properly 
 ^uard against and make good all such injuries and 
 damages to persons or property from whatever cause 
 resulting. 
 
 (9) The proprietor shall insure the bi'ilding from time 
 to time to the extent of at least two-thirds of its value 
 during the course of erection, the amount of the premium 
 to be assessed pro rata on the several trades ; and in 
 case the proprietor should not insure, he will be required 
 to run all the risks of loss, so far as regards the value of 
 ihe works. 
 
 (10) All work and material as soon as delivered on the 
 premises shall form part of the works, and be the property 
 of the proprietor, and shall not be removed without his 
 consent; but the contractor shall have the right to remove 
 all surplus material after he has completed the works 
 herein contracted for. 
 
 (11) Should the contractor fail to finish the work at 
 
 ( 
 
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 S: « 
 
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 l-fe 
 
 I 
 
 
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 AGREEMENTS. 
 
 J i 
 
 ^ 
 
 or before the time agreed upon, he shall pay to or allow 
 the proprietor, by way of licjuidated damages, the sum 
 
 of dollars per week for each and every week after 
 
 the said works shall remain incomplete, due allowance 
 to l)e made for extension of time for additional work or 
 alterations, as laid down in clause (3) of this agree- 
 ment. 
 
 (12) Should any work be delayed beyond the time 
 mentioned in this agreement by the inclemency of the 
 weather, or by reason of general strikes of a particular 
 trade, the architect shall have power to extend the time 
 for the completion of the works, making a just and 
 reasonable extension for that purpose. 
 
 (13) The proprietor is not to be responsible to the 
 contractor for the non-completion of a prior contractor's 
 work, or any particular portion thereof, at the time 
 named ; but in case the contractor is unable to get pos- 
 session on account of the failure of a prior contractor to 
 complete his work within the time limited in his con- 
 tract, such subsequent contractor shall be entitled to 
 have for the completion of his contract such additional 
 time as the architect may deem necessary or just, and 
 such extended time shall be substituted for the time for 
 completion named in this contract. 
 
 (14) All drawings and specifications in possession of 
 the contractor shall be returned by him to the architect 
 before the final certificate is issued. 
 
 And it is hereby declared and agreed that the expres- 
 sions, " the contractor " and " the proprietor," wherever 
 used in this agreement, shall, where the context allows, 
 include and be binding not only on the said- and 
 
BUILDING CONTRACT. 
 
 23 
 
 , the parties hereto, but also on their respective 
 
 heirs, executors, administrators, and assigns. 
 
 In witness, etc. 
 
 Signed, sealed, etc. 
 
 BUILDINC, CONTRACT. 
 
 Bchveen the prof^rictor and the contractors of the various 
 
 trades. 
 
 This Indenture made the day of , 18 — , 
 
 Bi'TWEEN of the of , in the County of , 
 
 — of 
 
 [bricklayer]; of the same place [plasterer] ; — 
 
 the same place [carpenter] ; [«/"' so on with the various 
 contractors\ hereinafter called the contractors, of the one 
 
 part, and of the same place , hereinafter called 
 
 the proprietor, of the other part. 
 
 WITNESSETH that the contractors in consideration of 
 the sums of money to be paid to them respectively as 
 
 follows, viz., the sum of dollars to the said ; the 
 
 sum of dollars to the said ; \etc.^ etc.] do and 
 
 each of them doth hereby covenant and agree with the 
 proprietor as follows : 
 
 That they, the contractors, will res[)ectively, and at 
 their own proper costs and charges, well and sufficiently 
 execute and perform in a true, perfect, and thoroughly 
 workmanlike manner, and on or before the days and 
 times hereinafter mentioned, all the work required of 
 them respectively as set out in condition numbered 
 eleven "(11)" of the conditions hereto annexed, which 
 work is required in the erection and completion of a 
 [give description of building to he erected] (or the proprietor 
 
 i 
 
I 
 
 :,; 
 
 ll 
 
 I 
 
 24 
 
 AGREEMENTS. 
 
 on — —Street in the of , and comformably to the 
 
 plans, specifications, and conditions prepared therei'or 
 
 and signed by architect and the contractors, which 
 
 said plans, specifications, and conditions are hereby ex- 
 pressly declared to be incorporated in and to form part 
 of this indenture. 
 
 The said work shall in all things be performed accord- 
 ing to the said plans, specifications, and conditions, after 
 the manner therein set forth and explained, to the satis- 
 faction and under the direction and personal supervision 
 of the said architect, or other the architect or architects 
 for the time being of the proprietor in charge of the said 
 work. 
 
 Each contractor shall find and provide, at his own ex- 
 [.ense, such good proper and sufficient materials of all 
 kinds whatsoever as shall be necessary for the complet- 
 ing and finishing of his portion of the said work, as shown 
 on the said plans and described in the said specifications 
 and conditions; all the said materials being the best of 
 their several kinds, and to be approved of by the said 
 architect. 
 
 In the event of any contractor failing to complete his 
 portion of the said work within the time allowed to him 
 for completing the same as mentioned in condition num- 
 bered eleven " (11)" of the conditions hereto annexed, or 
 within such further time as in pursuance of condition 
 numbered nine "(9) "of the said conditions the archi- 
 tect may allow for the completion of the same, the said 
 contractor shall forfeit and pay to the proprietor the 
 sum of dollars per week as liquidated and ascer- 
 tained damages, computed and fixed by the parties, and 
 
BUILDING CONTRACT. 
 
 25 
 
 not by way of penalty, for every week during which the 
 said work shall remain incomplete after the date at 
 which the same should have been finished, which sums 
 shall or may be retained and deducted out of so much 
 of the contract price as, for the time being, shall remain 
 unpaid, or be recovered and recoverable from the said 
 contractor by the proprietor by action or otherwise. 
 
 The proprietor covenants and agrees with each of the 
 said contractors respectively that (provided the said 
 covenants, agreements, and conditions shall have been 
 in all things strictly kept and performed by each of the 
 said contractors as aforesaid, so far as the said contractor 
 himself is concerned, and provided that the said contract- 
 or shall make an affidavit or declaration that there is not 
 upon the said building, nor upon the property upon 
 which the said building is to be erected, any mechanics' 
 lien for wages registered by reason of the neglect or 
 failure of the said contractor to pay the wages of any 
 person in his employ, and also that he has paid all wages 
 earned in respect to or on the said work up to and in- 
 clusive of the fourteenth day preceding the day upon 
 which the said affidavit or declaration is made) he will 
 well and truly pay or cause to be paid unto the said con- 
 tractor the sum of dollars in manner following; that 
 
 is to say, per cent, to be paid [weekly, or as may be 
 
 agreed upon'\ (on account of the contract and all addi- 
 tional work, if any) as the work shall proceed, on the 
 value of the same, which value shall be in proportion to 
 the amount to be paid for the whole of the work and 
 additional work ; the balance of the contract and all ex- 
 tras, if any, to be paid within days of the final com- 
 
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 Hi 
 
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26 
 
 AGRKEMKNTS. 
 
 pletion of the said work, and after the said contractor 
 shall have rendered to the architect astatement of balance 
 due to him ; but no payment to i)e made without the 
 production of the architect's certificate, as in the said 
 i:onditions provided. 
 
 And each of the said contractors do hereby respec- 
 tively covenant and aj^'ree to indemnify the pro[)rietor 
 against every claim of mechanics' lien whicii may be 
 registered against the said building, or the lands occupied 
 thereby, by reason of the neglect or default of such con- 
 tractor, and against all loss, costs, charges, and damages 
 which may be sustained by reason thereof. 
 
 And each of the said contractors do hereby mutually 
 agree each with the other that, in the event of any delay 
 being caused by any contractor in the completion of any 
 part of the work whereby any other contractor whose 
 work is subsccjuent in i)oint of time is damnified 
 and ex[)ense caused to him, which expense would not 
 have otherwise been incurred, then that the question of 
 the amount of damages and the sum to be paid therefor 
 by the contractor so causing the delay as aforesaid 
 
 shall be left to the award of whose decision shall be 
 
 final and binding on such contractors. 
 
 And it is further understood and agreed that the work 
 of no one trade is to be considered complete till that to 
 be done by the contractors and workmen of the other 
 several trades shall have been completed. 
 
 And ii is hereby declared and agreed that the words 
 " contractor," " contractors," and " proprietor," wherever 
 used in this indenture, shall, where the context allows, 
 include and be binding not only on the said and 
 
mULDING CONTRACT. 
 
 27 
 
 , the parties hereto, but also on their res{)eelive heirs, 
 
 executors, administrators, and assigns, and that the 
 words, "the contract," wherever used in the conditions 
 annexed hereto, shall mean the agreement now entered 
 into, of which the said conditions form a part. 
 
 In witness, etc. 
 
 Signed, sealed, etc. 
 
 Conditions re/erred to in the /ore^^oin^^ Indenture. 
 
 (i) The whole and every portion of the works de- 
 scribed in the specifications attached hereto, and shown 
 on the accompanying drawings, prepared by——, archi- 
 tect, are to be completed according to the full intent and 
 meaning of the plans, elevations, sections, and specifica- 
 tions, the dimensions marked thereon, and explanati(;ns 
 attached thereto (and such detail drawings and directions 
 as may be given from time to time during the progress of 
 the works), in the most perfect, substantial, and work- 
 manlike manner, and to the entire satisfaclion of the 
 architect, or such person as may be appointed to super- 
 intend the said works. 
 
 (2) The architect may direct any of the intended work 
 to be omitted or additional work to be done upon the 
 building, and also to order any of the intended work 
 to be done or executed in substance, form, and 
 method of execution different from what is shown and 
 described in the plans and S[)ecifications, and the 
 contractors respectively bind themselves to execute and 
 carry out the directions which may be given, 'i'he 
 execution of such variations in the erection of the 
 
 1 
 
 ;i 
 
f 
 
 28 
 
 AOREEMENTS. 
 
 
 HI 
 
 3 i 
 
 I 
 
 l)uilding shall not render void the contract entered into, 
 but the value of such variations shall i)c ascertained by 
 fair valuation, to be nuade by the architect, or at his 
 option by some competent {)erson appointed by him, 
 and th(! amount ascertained shall be added to or 
 deducted from the coiitract price or balance to be paid 
 to the contractors at the final settlement of accounts. 
 
 (3) The contractors shall provide all implements, 
 tools, macliinery, scaffolding, ladders, cordage, tackle, 
 etc., re(iuircd for their respective trades, together with 
 the cartage and carriage thereof, and remove the same, 
 when no longer required on the works, at the direction 
 of the architect, without charge for their use, carriage, 
 or removal ; but the contractor for the mason and brick- 
 work shall leave his scaffolding for the use of the other 
 trades until such time as is provided in their contracts 
 for the completion of the work in their several depart- 
 ments. Each contractor shall also remove all rubbish 
 or debris that may arise from the carrying out of his 
 dei)artment of the work, and shall leave the premises 
 clean, so far as his department is concerned. And the 
 contractor for the painter's department shall have the 
 building scrubbed out before his work is begun. 
 
 (4) The works shall !k. carried on at the sole risk and 
 expense of the several contractors, and shall remain at 
 their risk until takci) of their hands by the architect's 
 final certificate ; and the contractors are required to use 
 such care and take such precautions as may be requisite 
 in bracing and securing the work against injury from 
 storm, wind, frost, fire, or any other cause; and if any 
 such damage should occur, the same shall be repaired 
 
 4 
 
nUILDINO CONTRACT. 
 
 29 
 
 hy the contractor for each department at his own 
 expense, and, althoiijj;h the proi)rietor may keep tlie 
 building insured for !iis own benefit and in his own 
 name, this shall noL relieve the contractor from his 
 responsibility. 
 
 (5) In case of any discrepancy, all written dimensions 
 in drawings and specifications shall supersede and pre- 
 vail over the measurement by scale, and, should any 
 difference exist between the drawings and the specifica- 
 tions, the decision as to which shall be adhered to shall 
 rest with the architect, notwithstanding that the decision 
 of the architect may increase or lessen the expense to 
 the contractors, and no alleged omission or neglect on 
 the part of the architect shall be taken as an excuse for 
 imperfect work. 
 
 (6) If, during the progress of the work, any detailed 
 drawings are furnished by the architect which, in the 
 opinion of any contractor, necessitate more labor or 
 material than the plans and specifications call for, he 
 shall give notice in writing to the architect of his 
 objections to the same before proceeding with the work, 
 and in default of such notice the contractor shall not be 
 entitled to any claim for extra labor or material occa- 
 sioned by or supplied in performing the work in accord- 
 ance with such detailed drawings, and no claim shall be 
 allowed for any work different from or in addition to 
 that shown in the drawings or mentioned in the specifi- 
 cations, unless such work shall have been sanctioned by 
 the architect previous to its having been done. The 
 contractor shall have no claim whatsoever in respect 
 thereof against the proprietor, unless the architect's 
 
30 
 
 AGREEMENTS. 
 
 written certificate shall be obtained that such extra work 
 was done according to his direction and to his satisfac- 
 tion. The value of such extra work shall be dr .ermined 
 by the architect, and Ije paid for only on his certificate. 
 
 (7) The architect may reject any materials that ap- 
 pear to him unsuitable in kind or defective in quality, 
 and order the removal of any part of the work that may 
 appear to him unsound or defective in materials or work- 
 manship ; and the contractor shall remove the same and 
 provide other materials and replace such work to the 
 satisfaction of the architect, but shall have no claim for 
 any additional payment in respect thereof. 
 
 (8) In case damage be done to the material or work 
 of one contractor by another contractor or his workmen, 
 and the contractor whose material or work has been 
 damaged [)rovcs to the satisfaction ot the architect that 
 such damage was done intentionally or through the 
 carelessness of such other contractor or his workmen, 
 the contractor who did the damage, or the contractor in 
 whose employ the workmen were who did the damage, 
 shall make good the net cost of the same to the pro- 
 prietor ; but this clause shall in no way lessen or 
 interfere with or in any way affect the liability of the 
 contractor whose material or work shall have been 
 damaged to complete his work according to the contract. 
 And in the event of the contractor by whom or by whose 
 workmen the injury was done paying to the proprietor 
 the amount necessary to be expended in making good 
 the injured work or material, and the work being restored 
 or replaced by the contractor who originally did the 
 the same, then it shall be the duty of the proprietor to 
 
 I 
 
HUILDINC. CONTRACT. 
 
 31 
 
 pay the money received as aforesaid to the contractor 
 whose work was injured or destroyed. 
 
 (9) In the event of any addition or alteration hcing 
 . made that will necessitate an extension of time for the 
 
 completion of the work beyond the time mentioned in 
 the contract, or in the event of delay in the comple- 
 tion of the work by reason of extraordinary inclement 
 weather, or by reason of general strikes of any or all of 
 the trades, the architect shall have full power to extend 
 the time for the completion of the work to such an extent 
 as may seem to him reasi-nable and just; but no con- 
 tractor shall in any way hold the proprietor liable for any 
 delay or loss occasioned by any other contractor or 
 contractors engaged on the works. 
 
 (10) Should any contractor at any time during the 
 progress of the works neglect or refuse to supply 
 a sufficient number of workmen or quantity of mater- 
 ials, or to proceed with the said works as rapidly 
 as is necessary, in the opinion of the architert, 
 to ensure their being completed within the s[)ecified 
 time, then the proprietor or the architect may, after giving 
 two days' notice in writing to such contractor, take the 
 work out of his hands and provide materials and etni^loy 
 workmen to finish the works, and the expense attendant 
 thereon shall be deducted from the contract sum or the 
 balance of it remaining unpaid, and, if such expense shall 
 be in excess of that part of the contract price remaining 
 in the hands of the proprietor, the proprietor may com- 
 pel such contractor to pay such expense so incurred in 
 excess of the contract price. 
 
 (11) That the contractors will each and every one 
 
 \kl 
 
 :S*I 
 
 hi Mil 
 
I 
 
 n 
 
 33 
 
 AGREEMENTS. 
 
 of them carry on their work with due diligence, so 
 that the work may be handed over to the proprietor 
 
 on or before the day of , 18 — , complete in all 
 
 respects. The following is the time allowed for doing 
 the hereinafter mentioned works respectively by the 
 various contractors : The walls ready for the ground 
 
 floor joists on or before the day of next. The 
 
 walls ready for the first floor joists on or before the 
 
 day of next. The walls ready for the roof on or 
 
 before the day of next. The carpenter work of 
 
 the building to be ready to receive the plastering on or 
 
 before the day of next. The plastering to be 
 
 finished throughout within weeks after the building 
 
 shall have been ready to receive the plastering. The 
 
 joiner work to be finished within weeks after the 
 
 plastering is completed. The painting, etc., to be finished 
 
 wilhin weeks after the joiner work is completed. 
 
 The plumbing, heating, gas fitting, etc., to be roughed 
 
 within weeks after the architect shall have notified 
 
 the contractor to proceed with the said work. The 
 plumbing, heating, gas fitting, etc., to be finished on or 
 before the day when the last of any other of the trades- 
 men shall have completed his work. 
 
 (12) All materials deposited on the ground or streets 
 adjoining the building shall become the property of the 
 proprietor, and shall not be moved without the written 
 consent of the architect. 
 
 (13) No work shall be sub-let without the consent of 
 the architect. 
 
 (14) No contractor shall be entitled to any payment 
 without a certificate from the architect that such sum is 
 
nuirj)iN(; r.oAN ac.rkkmknts. 
 
 33 
 
 due to him, and that the works are and have been 
 carried on to his entire satisfaction, it being at the same 
 time understood that a sum amply sufficient shall be 
 from time to time retained by the proprietor to complete 
 the whole of the work, and such certificate shall not 
 exonerate any contractor from his liability to alter or 
 make good any work previously done which the architect 
 may decide to have been improperly done, or to pay 
 damages for work imperfectly done which the architect 
 shall decide to leave in the building, or damages owing 
 to the use of inferior materials. 
 
 (15) Each contractor shall immediately give security 
 
 to the amount of dollars to the satisfaction of the 
 
 proprietor for the complete performance of his part of 
 the contract, 
 
 (16) All drawings, tracings, details, and copies of 
 specifications supplied to contractors during the progress 
 of the works shall be preserved and returned to the 
 architect before the final certificate is granted. 
 
 (17) All matters in dispute shall be left to the decision 
 of the architect, and his decision shall be final and bind- 
 ing on both parties. 
 
 AGREEMENT FOR BUILDING LOAN. 
 
 -day of- 
 
 Agreement made this- 
 — of the of in the County of- 
 
 18 — , Between 
 
 -, , here- 
 inafter called the applicant, of the first part, and of 
 
 the of in the County of , , hereinafter 
 
 called the lender, of the second part. 
 
 ^'&ii 
 n ^ 
 
 il; 
 
r 
 
 34 
 
 AGREEMKNTS. 
 
 Whereas the applicant has applied to the lender for a 
 
 loan of dollars (together with such further advance, 
 
 if any, as may be made under the term^ hereof and here- 
 inafter mentioned) upon all that certain parcel of land, 
 situate, etc., and has executed a mortgage to secure the 
 said amount. 
 
 And whereas the applicant is [desirous of] erecting 
 
 houses on [part of] the said land upon the conditions 
 
 herein set forth. 
 
 Now THEREFORE IT IS HEREBY AGREED that in Con- 
 sideration of the premises and of the said advance so to be 
 made, the applicant covenants with the lender that the 
 applicant will proceed with due diligence with the erection 
 of and complete the said houses in accordance with the 
 plans and specifications therefor approved [or to be ap- 
 proved] by the lender, which houses are to be ol the cost 
 
 and value of at least dollars, irrespective of the value 
 
 of the land. 
 
 Money to be advanced at discretion of lender. 
 
 And the lender covenants with the applicant that the 
 lender will advance upon the said mortgage the said sum 
 
 of dollars, in such sums from time to time as the 
 
 lender may deem proper and his inspector or valuator may 
 approve, it being the intention that the said money shall 
 be advanced as the buildings progress in such sums as the 
 lender shall deem prudent, having regard to the progress 
 of the work and the value from time to time of the work 
 done and the cost of completing the work; and the lender 
 shall not be required to advance the full amount unless 
 the buildings shall be, in the opinion of his inspector, of 
 the full value afore said. 
 
HUII.DINf; TOAN AGREEMENTS. 
 
 35 
 
 the 
 sum 
 ; the 
 may 
 shall 
 as the 
 gress 
 work 
 ender 
 
 nless 
 or, of 
 
 Lender may retain money to cover liens. 
 
 And it is hereby declared and agreed that the lender 
 shall be at liberty to retain such sums as he may deem 
 necessary to cover any liens for work done, or materials 
 provided on, or for the said buildings, of which he shall 
 have notice until such liens be discharged ; and that the 
 lender may also retain a sum sufficient to provide for 
 and indemnify him against sub-contractors' Hens for a 
 sufficient lapse of time after the completion of the build- 
 ings ; and also that the lender may, after three days' notice 
 to the applicant (to be given by mailing the same to him, 
 
 addressed ), pay off any such liens which may exist, 
 
 or be claimed, and he shall not be liable or responsible 
 to the applicant for the validity or correctness of any 
 such claim ; and in case the lender should pay any such 
 liens to an amount greater than the balance of money 
 which he shall have on hand to be paid over upon the 
 said mortgage, such sums so paid shall be a further 
 charge upon the said lands, and shall bear interest at the 
 same rate as the said mortgage moneys, and shall be 
 immediately payable to him by the applicant. 
 
 Lender may complete building if applicant not diligent. 
 
 It is also hereby agreed that in case the applicant 
 should fail in erecting the said buildings with rea- 
 sonable diligence the lender may, after due notice to 
 the applicant, enter upon the said mortgaged lands and 
 take possession of the said buildings, with power, in his 
 discretion, to alter the plans and specifications if he deem 
 it necessary to do so in order the better to complete the 
 same ; and in case he should be unable to properly com- 
 
 n s »il 
 
 '11 \ 
 
 '^«. 
 
f 
 
 I ill 
 
 ,^6 
 
 AC.RRF.MKNTS. 
 
 plcte the same with the moneys so remaining in his 
 hands and should advance or lay out any further sum 
 therefor, such further sum shall be deemed to be a further 
 advance upon the said mortgage, and shall immediately 
 be payable by the applicant. 
 
 Building material brought on premises to belon^^ to lender. 
 
 And it is agreed between the parties hereto that all 
 bricks, lumber, and other materials brought on said 
 premises or procured for the construction of said 
 buildings shall forthwith, after being brought on said 
 prem'ses c • T)rocured as aforesaid, become the property 
 of the lc;'Uc'r to the same extent as if the same had 
 been '^ctualiy affixed to and formed part of the said 
 premirico. 
 
 And it is hereby declared and agreed that the expres- 
 sions, "the applicant'' and "the lender," wherever used 
 in this agreement, shall, where the context allows, include 
 
 and be binding not only on the said — — and the 
 
 parties hereto, but also on their respective heirs, execu- 
 tors, administrators, and assigns. 
 
 In witness, etc. 
 
 Signed, sealed, etc. 
 
 AGREEMENT FOR BUILDING LOAN. 
 
 {Another Form.) 
 
 This Indenture made day of— 1 8 — , Between 
 
 — of the of in the County of , , here 
 
 inafter called the mortgagor, of the first part, and of 
 
 the of in the County of , , hereinafter 
 
 called the mortgagee, of the second part. 
 
EEN 
 
 lere 
 
 -of 
 
 after 
 
 liUii.DiNc; LOAN a(;rki:mknts. 
 
 37 
 
 Whereas by an indenture of mortgai^e bearing even 
 date herewith, the mortgagor did grant and mortgage 
 to the mortgagee aforesaid all that certain i)arcc;l 
 of land situate, etc., to secure the payment of-- — dollars 
 and interest. 
 
 And whereas the mortgagor has agreed to etUer into 
 the covenants and agreements herein contained. 
 
 Now THIS INDENTURE WITNESSETH that the mortga- 
 gor covenants as follows : that he shall and will forthwith 
 
 proceed to erect [give description of houses intended to 
 
 be erected^ on the said mortgaged premises in a good and 
 workmanlike manner, and of proi)er material, and accord- 
 ing to the plans and specifications to be submitted to 
 and approved of by the mortgagee, and thence proceed 
 continuously and vigorously with the work, and so that 
 the said buildings shall be fully completed on or before 
 the day of 18 — . 
 
 That the mortgagor shall and will from time to time, 
 until the principal money and interest secured by the 
 said mortgage shall be fully paid and satisfied, well and 
 sutificiently repair, renew, and amend the present and 
 any future buildings that may be standing on the 'said 
 mortgaged premises, so that the same shall at all times be 
 in good and substantial repair and condition ; and shall 
 and will pay for all material used or labor employed on 
 or about the erection of said buildings, or the repairs 
 thereof, and protect the mortgaged premises from me- 
 chanics' liens ; and shall and will at all times produce and 
 show to Ihe mortgagee on demand the bills, vouchers, 
 and contracts for the materials and labor used and em- 
 ployed in and about the erection of the said buildings. 
 
 I 
 
 \ If 
 
 a 
 
 a 
 
 
 
 fti 
 
 
 II 
 
 ' ' 
 
 ■1 
 
 m 
 
 r 
 
 Im \ 
 
 ■3 
 
 
 h. 
 
 « 
 
 wKk 
 
 Jl 
 
 iPfpi 
 
 ■ !> 
 
 ».i; Y'M 
 
 "Wl' ' 
 
 ij,u^4 
 
 iH 
 
3« 
 
 ACKKKMKN'IS, 
 
 HI 
 
 !li > 
 
 I'll' 
 ! I 'fit 
 
 That in the event of a mechanic's hen being registered 
 against said lands, or in the event of the mortgagor 
 neglecting or failing to i)roceed continuously and vigor- 
 ously with the erection of said buildings, then the mort- 
 gagee may, after days' notice to the mortgagor (lo be 
 
 given by mailing the same to him addressed ), pay 
 
 off any liens which may exist or be claimed, and the 
 mortgagee shall not be liable or responsible to any one 
 for the validity or correctness of any such liens, and 
 the mortgagee shall be at liberty to retain such sums as 
 he may deem necessary to cover said liens for work done 
 or materials provided in or for the said buildings, of 
 which he shall have notice, until such liens be discharged, 
 and that the moneys secured by said mortgage shall 
 forthwith become due and be paid and the mortgagee 
 may, without any notice, enter upon and take possession 
 of the said mortgage ^ premises, and either complete the 
 said buildings or make the said repairs, at the option of 
 the mortgagee, and may make such alterations, additions 
 or improvements to the said buildings as the mortgagee 
 may think proper, and the said mortgaged premises shall 
 stand charged with all moneys which shall be advanced 
 by the mortgagee for the purposes aforesaid. 
 
 And the mortgagee agrees to advance upon the said 
 mortgage the sum thereby secured in such sums from 
 time to time as the inspector or valuator of the mortgagee 
 may approve and the mortgagee deem proper, it being 
 the intention that the said money shall be advanced as 
 the buildings progress in such sums as the fnortgagee 
 deems prudent, having regard to the progress of the 
 work, the value from time to time of the work done, and 
 
~^' 
 
 l!l'll,I)IN(; LOAN AC.RKKMF.NIS. 
 
 39 
 
 the costs of completing same; and the mortgagee shall 
 not be required to advance the full amount unless the 
 buildings shall be, in the opinion of his inspector or 
 valuator, of the full value aforesaid. 
 
 And it is hereby declared and agreed that the expres- 
 sions, '* the mortgagor " and *' the mortgagee," wherever 
 used in this indenture, shall, where the context allows, 
 
 include and be binding not only on the said and , 
 
 the parties hereto, but also on their respective heirs, 
 executors, administrators, and assigns. 
 
 In witness, etc. 
 
 Signed, sealed, etc. 
 
 AGREEMENT FOR BUII-DING LOAN. 
 
 {Afiothcr Form.) 
 
 Agreement made the day of 18 — , Between 
 
 of the of in the County of——, , herein- 
 after called the applicant, of the one part, and — —of the 
 
 of- in the County of , , hereinafter called 
 
 the lender, of the other part. 
 
 Whereas the applicant has applied to the lender for 
 
 a loan of dollars, and agrees that this agreement is 
 
 to be a part of the said application ; 
 
 Now IT IS agreed between the parties hereto as fol- 
 lows: That the loan is required to aid in erecting upon 
 the land mentioned in the application a building which 
 
 will cost not less than dollars, and the said building 
 
 is to form part of the security for the loan. 
 
 That before any part of the money is drawn, it must 
 be shown to the satisfaction of the lender, by such 
 
 I 
 
 h 
 
 it 
 
 i 
 
 ■I' 
 
 
 ii'i; 
 
 
 m, 
 
Itl'l 
 
 '1 
 
 i 1 
 
 1 
 
 ■ ; t 
 
 1 
 
 40 
 
 AdRKKMfcNTS. 
 
 vouchers as may be satisfactory to him, that the appHcant 
 is entitled to an advance. 
 
 That the money may he (hawn from time to time as 
 recjuired to pay for work and materials actually done 
 upon the l)uildir\g, in addition to the amount mentioned 
 in the last preceding clause, and is to be paid on a cer- 
 tificate or vouchers, as mentioned in that clause, the 
 lender retaining as a drawback, until the completion of 
 the building, such sum as may by the lender be thought 
 advisable. 
 
 That in case at any time the building is not being pro- 
 ceeded V ith, either with the rate of progress or the 
 quality of work or materials, so, as in the opinion of 
 the lender, to secure its due completion in accordance 
 with the contract for building, it shall be lawful for the 
 lender to take such steps as he shall think necessary or 
 proper, either by the employment of workmen, letting 
 any contract or contracts, or otherwise howsoever, to ex- 
 pedite the work, or any part of it, or to protect the work or 
 any part of it from injury from the weather, or from any 
 cause; and for this purpose the lender shall have all rights, 
 remedies, and powers which the applicant has under his 
 contract, and may enforce the same in the name of the 
 applicant, and shall for this purpose be deemed to be, 
 and shall be, the assignee of such contract, and entitled 
 as well to all damages, penalties, and moneys recoverable 
 thereunder, so far as necessary, for his indemnity as to all 
 powers and rights thereunder. 
 
 That the lender shall be entitled in acting under the 
 last preceding clause to take possession of and to use in 
 the building any material provided for the building. 
 
 ' i 
 
AUTHOR ANP IMriiMSHKK. 
 
 41 
 
 whether delivered on the land or not ; and all expenses 
 arising from the exereise of the powers given l)y that 
 clause shall be paid out of the said deposit, and if the 
 deposit is not sufficient the excess shall be paid by the 
 ai)[)licant, with interest thereon rt per cent, per an- 
 num, and shall form a charge upon the said land under 
 the mortgage in addition to the mortgage money, and 
 shall be added to and become part of the instalment of 
 interest which shall fall due upon the mortgage next after 
 such excessive expense shall have been incurred. 
 
 That the lender is empowered, whenever he shall 
 deem it necessary, to cause the building to be inspected 
 by his architect, or inspector, or valuator, and to pay 
 therefor such sum as he shall think reasonable, and 
 every such payment shall be paid out of the said loan, if 
 enough thereof remains for the purpose, or shall be paid 
 
 ai^d recoverable, with interest thereon at per cent. 
 
 per annum, in the same manner as the excess in the last 
 j)receding clause mentioned. 
 
 The applicant for himself, his heirs, executors, and ad- 
 ministrators covenants with the lender, his heirs, execu- 
 tors, administrators, and assigns for the due performance 
 of the foregoing agreement. 
 
 In witness, etc. 
 
 SuiNED, SEALED, etC. 
 
 AGREEMENT BETWEEN AUTHOR AND 
 PUBLISHER. 
 
 To pay a royalty on all copies of a book sold. 
 
 This agreement made the day of- , 18 — , 
 
 Between — --of the of hereinafter called the 
 
 il ' 
 
:ii 
 
 42 
 
 AdKKKMKNTS. 
 
 '1 
 
 i ii I 
 
 author, of the first part, and ofthe of— and 
 
 of the of partners, carrying on business as pul)lish- 
 
 ers and booksellers in the of luidcr the name, 
 
 style, and firm of & Co., hereinafter called th' 
 
 [)ublishers, of the second part. 
 
 WiiHRiCAs the said is the author of a certain book 
 
 or literary work entitled , which the publishers have 
 
 agreed to publish u{)on the terms hereinafter set forth. 
 
 Now THIS Af;REKMi':NT WITNKSSKTH that In considera- 
 tion of the agreements and undertakings of the publishers 
 herein contained, the author covenants and agrees with 
 the publishers to furnish and deliver to them a fair manu- 
 script of the said work entitled , and to superintend 
 
 the printing and correct the proofs thereof in a proper 
 manner, and to obtain [or permit the publishers to ob 
 tain] a good and sufficient copyright ofthe said work. 
 
 The author hereby gives and grants to the publishers 
 the exclusive right to publish the said work for and dur- 
 ing the time for which said copyright, or any renewal 
 thereof, shall be or remain in force. The publishers for 
 and in consideration of .iie covenants and agreements of 
 the author herein contained hereby covenant and agree 
 with the author to stereotype, illustrate, print, manufac- 
 ture in the best style suited to the work, and publish 
 said work ; to keep the market fully supplied with the 
 same, to advertise the same so much as in their discre- 
 tion shall seem expedient, to enter the same in their 
 catalogues and trade lists, and to use their best endeavors 
 to sell the same for and during the time for which said 
 copyright, or any renewal thereof, shall remain in force. 
 
 The publishers hereby covenant and agree to make 
 
 iR< 
 
^ 
 
 AUTHOR AND PURIJSHF.R. 
 
 4.^ 
 
 [semi-annual] returns to tlie author on the days of 
 
 and respectively in each year, containing a 
 
 statement of all sales of said work made hy the pul)lish- 
 ers for, and during, the [six] months i)revious to each of 
 
 the said days, and to pay to the author on the said 
 
 days of and in each year for the use of said copy- 
 right —per cent, of the retail [)rice of all copies of said 
 work sold. 
 
 [Provided, however, that no sum shall he due to the 
 
 author for royalty until at least copies of the said 
 
 work shall have been sold ; but as soon as the said 
 iiumbiT of copies are sold, the said royalty shall imme- 
 diately become due and payable.] 
 
 And it is also understood and agreed by and between 
 the parties hereto that all copies of said work given to 
 editors or reviewers, according to the custom of the pub- 
 lishers' trade, shall be free from the charge for royalty, 
 and that the publisher shall pay nothing to the author 
 therefor ; and that the stereotype and other plates made 
 by the publishers, and used in printing or illustrating 
 said work, shall be the property of the publishers. 
 
 The publishers also agree to give to the author 
 
 copies of the said work, well bound and free of charge, 
 as soon as conveniently may be done after the manu- 
 script copy has been furnished by the author. 
 
 In witness, etc. 
 
 Skinkd, sealed, etc. . 
 
 I 
 
 
 
 ; 
 
 k^^^H^ 
 
 ^^^^^Ht^' 
 
 i:ri 
 
44 AGREEMENTS. 
 
 AGREEMENT BETWEEN AUTHOR AND 
 PUBLISHER. 
 
 To pidblisJi one edition on a royalty basis, copyri^Jit 
 
 reserved. 
 
 This aopeement made the— — day of 18 — , 
 
 Between of , hereinafter called the author, of the 
 
 first part, and of -, hereinafter called the pub- 
 lisher, of the second part. 
 
 Whereas the said is the author of a certain book 
 
 or work entitled , which the publisher has agreed to 
 
 publish upon the terms hereinafter set forth. 
 
 Now therefouk this agreement WITNESSETH that 
 the author for the consideration hereinafter expressed 
 doth hereby agree that the publisher shall print, publish, 
 
 and sell one edition of copies of the said work, the 
 
 author reserving to himself the general copyright in the 
 said work. 
 
 And the author doth hereby agree with the publisher 
 that he will furnish to the printer employed by the pub- 
 lisher a fair manuscript of the said work, and will super- 
 intend the printing and correct the proofs thereof in a 
 proper manner, and that he will duly register his title as 
 proprietor of the copyright of the said work, and will not 
 print, publish, or sell, or authorize any other person to 
 print, publish, or f any part of the said work until the 
 
 whole of said upies have been disposed of by the 
 
 publisher, provided the said— — copies are sold within 
 years from the date hereof. 
 
 And the publisher, in consideration of the aforesaid 
 agreement on the part of the author, doth hereby ngree 
 
 one 
 of th 
 
^1 
 
 AUTHOR ANn PI'HI.ISHICR, 
 
 45 
 
 her 
 iu\)- 
 l)cr- 
 n a 
 as 
 not 
 to 
 the 
 the 
 Ithin 
 
 tsaid 
 gree 
 
 with the author that he will pay him, the author, the sum 
 
 of per cent, upon the retail price of every copy sold 
 
 of the said work, which sum shall be paid [quarterly] 
 as often as the said copies shall be sold or otherwise 
 disposed of; he, the publisher, rendering to the author 
 an account of sales of the said work on the [first] days 
 
 of and in each year until the whole edition shall 
 
 be sold. The publisher also agrees to give to the author 
 
 copies of the said work, well bound and free of 
 
 charge, as soon as conveniently may be done after the 
 manuscript has been furnished by the author. 
 
 And the publisher, in consideration of the aforesaid 
 agreement on the part of the author, doth hereby further 
 agree with the author that he, the publisher, will not 
 
 print, publish, or sell any more than the said copies 
 
 until authorized by the author in writing ; it being 
 understood that the license herein contained extends 
 only to one edition of the number of copies above 
 specified. 
 
 In witness, etc. 
 
 Signed, sealed, etc. 
 
 AOREEMENT BETWEEN AUTHOR AND 
 PUB ITS HER. 
 
 To enlarge a book for a second edition. 
 
 Ac.REEMENT made the day of , i8 — , Between 
 
 of hereinafter called the author, of the one 
 
 one part, and of hereinafter called the jmblisher, 
 
 of the other part. 
 
 fii 
 
i 
 
 46 
 
 AORKfiMENTS, 
 
 The author, for and in consideration of— —dollars 
 and other consideration herein named, hereby agrees 
 with the pubHsher to correct and enlarge the work 
 
 known as , to prepare additional notes and to furnish 
 
 additional manuscript matter for the second edition of 
 the work, and to enlarge the index and make it full and 
 complete. 
 
 It is understood and agreed that the page of t" new 
 edition of the work shall be of the same size as .nat of 
 the present work, and shall contain an equal amount of 
 matter on each page, and that the additional matter pro- 
 vided shall enlarge the work not less than pages, 
 
 and shall be furnished to the publisher commencing on 
 the day of next. 
 
 The author is to examine and to correct the proof- 
 sheets as fast as they shall be furnished, and to complete 
 the index as soon as may be after all the signatures of 
 the text shall be ready for him for that purpose. 
 
 The publisher, on his part, agrees to print the said 
 work as the matter shall be furnished ; to furnish the 
 author with a copy of the work by signatures, as each 
 signature shall be worked off, for the purpose of arrang- 
 ing the index ; to furnish the author with copies of 
 
 the work as soon as they can be conveniently furnished ; 
 
 and to pay the author the sum of dollars on the day 
 
 the last proof-sheet is corrected for the press. 
 
 In witness, etc. 
 
 Signed, sealed, etc. 
 
 - i. 
 
( HAkTKk PARTY. 
 
 CHARTER PARTY. 
 
 47 
 
 -T 
 
 
 I 
 
 This charter party made the day of 18 — , 
 
 Between of [owner of the ship or vessel called 
 
 of of the burden of tons, or thereabouts, 
 
 register measurement, now lying in the harbor of ], 
 
 of the first part, and of [Merchant], of the 
 
 second part. 
 
 WITNESSETH, that the said party of the first part, for 
 and in consideration of the covenants and agreements 
 hereinafter mentioned, to be paid and performed by the 
 said party of the second part, doth hereby covenant and 
 agree on the freighting and chartering of the said vessel 
 unto the said party of the second part for a voyage to be 
 
 made from to [or for a term of from the date 
 
 hereof] on the following terms, that is to say : 
 
 The said party of the first part warrants that the said 
 vessel shall, during the said voyage [or term], be kept 
 seaworthy, and in every respect fit for the voyage, and 
 provided with every requisite, and with a sufficient ctew 
 and provisions. 
 
 The said party of the first part agrees -that the whole 
 of the said vessel (with the exception of the cabin and 
 the necessary room for the accommodation of the crew 
 and the stowage of sails, cables, and provisions) shall be 
 at the sole use and disposal of the said party of the 
 second part during the said voyage, and that no goods 
 or merchandise whatsoever shall be loaded on board 
 otherwise than from the said party of the second part, or 
 his agent, without his consent, on pain of forfeiture of the 
 amount of freight agreed I'pon for the same. 
 
 I ' 
 
 il 
 
 11 
 
 [I %m 
 
llM 
 
 <1 1! 
 
 > % 
 
 |i 
 
 48 
 
 AGRKKMENTS. 
 
 The said party of the first part agrees to take and 
 receive on board the said vessel during the aforesaid 
 voyage [or term] all such lawful goods and merchandise 
 as the said party of the second part, or his agent, may 
 think proper to ship. 
 
 That the party of the second part shall pay to the 
 
 party of the first part at within days after the 
 
 arrival of the said ship at the said port [or at the end of 
 
 the said term, or as may be agreed upon] dollars in full 
 
 for the hire of the same, and shall also pay as they fall 
 due the expenses of victualling and manning the same, 
 and all port charges and piloting that may be due 
 thereon. 
 
 [ When the vessel is chartered for a voyage only, add: 
 And it is further agreed between the parties hereto that the 
 
 said party of the second part shall be allowed days for 
 
 loading at the port of , and days for discharging 
 
 and reloading at the port of (and days for final 
 
 discharge at said port of ), exclusive in each case of 
 
 Sundays and legal holidays, and commencing in each 
 case from the time that notice is given by the party of 
 the second part, or his agent, of the readiness of the 
 vessel to receive or discharge the cargo. For every 
 additional day of the detention of the vessel for these 
 purposes, the party of the second part shall pay to the 
 party of the first part dollars.] 
 
 In witness, etc. 
 
 SidrrED, sKALEn, etc. 
 
^* 
 
 OKIKR If) KXCHAX(;i;. 
 
 OFFER TO EXCHANGE. 
 
 49 
 
 ■X "^^ii 
 
 I, , of the- 
 
 do hereby make- 
 
 -of in the County of , , 
 
 of the of , in the County of 
 
 . , the following offer, that is to say : I will ex- 
 change my property situate in the of and which 
 
 may be described as follows , for the following pro- 
 perty, namely : \Give description of property sufficietit 
 
 to identify it\ 
 
 Neither of us to furnish any abstract of title, title 
 deeds, copies of deeds, or proof or evidence of title not in 
 our possession; each of us to search the title at our own 
 expense. Interest, rent, insurance premiums, taxes, local 
 improvement and other assessments, to be adjusted be- 
 tween us up to date of transfer. ^ ^ 
 
 This offer to be good for days, and, if accepted 
 
 within that, time, all deeds, agreements, and transfers to 
 
 be completed and handed over within days from 
 
 date of acceptance. Objections to title to be made in 
 
 writing within days; otherwise title to be considered 
 
 l)erfect. 
 
 As WITNESS my hand this day of — — , i8 — . 
 
 Witness : \ 
 
 I, , above named, hereby accept the above offer, 
 
 and agree to carry out the terms and conditions therein 
 contained. 
 
 As wiTNfiiss my hand this day of , 18 — . 
 
 Witness : 
 
 •'. :" 
 
 J 
 

 ! 
 
 
 i 
 
 1 
 
 '1^ 
 
 
 i 
 
 ifil 
 
 l.i 
 
 50 
 
 AflKKIiMKNTS. 
 
 AGREEMENT FOR EXCHANGE OF LAND. 
 
 Agreement made this day of , 18 — , Between 
 
 of , of the first part, and of , of the 
 
 second part. 
 
 Whereas the party of the first part is the owner 
 in fee simple of all that certain parcel of land situate, 
 etc.; and whereas the party of the second part is the 
 owner in fee simple of all that certain parcel of land 
 situate, etc.; and whereas the said parties have agreed to 
 make an exchange by way of mutual sale and convey- 
 ance of their said respective properties. 
 
 Now THIS AGREEMENT WITNESSETH that the party 
 of the first part shall, in consideration of the pro- 
 perty hereby agreed to be conveyed by the party of 
 
 the second part to him, and of the sum of dollars, 
 
 sell and convey to the party of the second part the said 
 described land of the party of the first part, and the 
 appurtenances thereof, in fee .^mple and free from all 
 encumbrances ; , 
 
 And that the party of the second part shall, in con- 
 sideration of the property hereby agreed to be conveyed 
 by the party of the first part to him, sell and convey unto 
 the party of the first part the said described land of the 
 party of the second part, with the appurtenances thereof, 
 in fee simple and free from all encumbrances, and shall 
 pay to the party of the first part the sum of money here- 
 inafter mentioned. 
 
 The said premises belonging to the party of the first 
 part being considered to be of greater value than the 
 said premises belonging to the party of the second part 
 
AGREEMENT F'OR PARTITION. 
 
 S* 
 
 I 
 
 by the sum of dollars, the party of the second part 
 
 shall, upon the execution of the said conveyances, pay 
 
 to the party of the first part the sum of dollars, 
 
 the difference in value of the said premises. 
 
 The said exchange shall be completed on the day 
 
 of , 1 8 — , at the office of at , when each 
 
 of the said parties shall, by good and sufficient deeds, 
 convey the said premises belonging to him unto the 
 other party free from all encumbrances. 
 
 Each of the said parties shall be entitled to the pos- 
 session and to the receipt of the rents and profits of the 
 premises hereby agreed to be conveyed to him from 
 the day of , i8 — . 
 
 If from any cause whatever the said respective con- 
 veyances shall not be completed on or before the 
 
 said day of , interest at the rate of per cent. 
 
 per annum upon the sum to be paid for equality of 
 value, as aforesaid, shall be paid by the parly of the 
 
 second part from the said day of , i8 — , until the 
 
 completion of said conveyances. 
 
 In witness, etc. 
 
 Signed, sealed, etc. 
 
 l-f 
 
 AGREEMENT FOR PARTITION 
 
 Between two tenants in common. 
 Agreement made this day of— 
 
 -of- 
 
 , 1 8 — ^,Between 
 -of , of the 
 
 -, of the one part, and— 
 other part. 
 
 Whereas the parties hereto are seized as tenants in 
 
 ifi 
 
SI 
 
 ll 
 
 ii 
 
 52 
 
 AflRKKMENTS, 
 
 common in fee simple of the hereditaments compris d in 
 the schedule hereto, and shown on the plan hereto an- 
 nexed ; 
 
 And whereas the said parties have agreed to make 
 partition thereof between them as hereinafter mentioned, 
 so that their respective portions may thenceforth be held 
 in severalty ; 
 
 Now THEREFORE THIS AGREEMENT WITNESSETH that . 
 
 they, the said parties, for themselves and their respective 
 heirs, executors, and administrators, hereby mutually 
 
 af^ree that they severally will on or before the day of 
 
 next make partition of the said premises between 
 
 them, and that such partition shall be carried out accord 
 
 ing to the valuation of of land surveyor ; and 
 
 that they will severally be bound by his decision and 
 award, which shall be made and delivered in writing on 
 
 or before the day of next; and also that they 
 
 will on or before the day of next execute mutual 
 
 conveyances to each other, their heirs or assigns, of 
 such part or parts of the said premises as shall be so 
 awarded and allotted to them respectively, provided the 
 said surveyor shall have then made his award, but, if not, 
 within days next after the making and delivery there- 
 of ; and also that in such mutual conveyance there 
 shall be inserted a proper plan of the said premises, dis- 
 tinguishing by colors, quantities, and boundaries such 
 parts of the said premises as shall have been so allotted 
 and awarded to them respectively, and that the same 
 shall afterwards be held and enjoyed by ihcm respect- 
 ively in severalty accordingly ; and also that in case any 
 inequality shall hapi)en on either side, the party having 
 
 J 
 
 LiL 
 
V"*™ 
 
 I'ARrV WALL AGREEMENT. 
 
 .^.1 
 
 the larger portion in value shall pny to the other of them 
 such a sum as shall he awarded by the said surveyor as 
 an equivalent thereto, which shall be j)aid to the other 
 of them on the execution of such conveyances as afore- 
 said ; and also that the costs and expenses of and at- 
 tending the said survey and partition and of the said 
 conveyances (as well of, and incidental to, the i)repara- 
 tion and execution of this agreenient)shall be borne by 
 I he said parties in c(]ual moieties. 
 In witness, etc. 
 
 SiGNKD, SEALED, etC. . 
 
 i s 
 
 PARTY WALL AC.RRKMENT. 
 
 This aoreement made the day of , 18- 
 
 Between of the of in the County of — 
 
 -, of the first part, and of the of- 
 
 in the 
 
 County of- 
 
 -, of the second part. 
 
 WITNESSETH, that the said parties being owners of ad- 
 joining estates, situate on the side of Street, 
 
 between and Streets in the said , the adjoin- 
 ing line between the said estates being feet 
 
 inches from the line of Street, hereby mutually 
 
 grant and covenant each for himself, his heirs, and 
 assigns, to and with the other, his heirs and assigns, 
 that either party hereto, or his heirs or assigns, may 
 build a party wall of the thickness required by law 
 [or otherwise, as the case 7nay be^^ on any part or the 
 whole of the said boundary line between said estates, 
 which the other party, his heirs and assigns, shall have a 
 right to use as herem provided, the middle of which 
 
 "\\ 
 
 ii ■' 
 
54 
 
 AORt^.F.MKNTS. 
 
 in: 
 
 'I ^*'' 
 
 •j j 
 
 : i 
 
 I 
 
 •' 
 
 
 
 \ 1 
 
 
 
 
 ' 
 
 '] 
 
 * 
 
 
 
 shall coincide with the said boundary line, and either 
 party hereto, or his heirs or assigns, may extend in any 
 direction of the said line so built, and may rebuild the 
 same in case of the partial or total destruction thereof, 
 and when any portion of any wall so built, extended or 
 rebuilt, shall be used by the party, or by the heirs or 
 assigns of the party, by whom the portion of the wall so 
 used was not constructed, he or they shall pay to the 
 party who constructed the same, or to his heirs or assigns, 
 one-half of the value, at the time of such use, of the whole 
 thickness of the portion of such wall so used by him or 
 ihem, and the sum so to be paid shall until paid remain a 
 chirge upon the land of the party liable to pay the same, 
 and that the covenants herein contained shall run with 
 the land, but no covenant herein contained shall be per- 
 sonally binding on any person or persons except in 
 respect of breaches during his or their seizin or title to 
 the said estates. 
 
 And it is further agreed that whenever any parly wall 
 built under this agreement shall be extended in height, 
 the chimneys previously built in such wall shall be car- 
 ried up to a proper height, and any injury caused by such 
 extension shall be made good, and such extension of the 
 wall and chimneys shall be at the expense of the party 
 making the extension; and in case of dispute as to any 
 value before mentioned the amount thereof shall be re- 
 ferred to three disinterested parties as arbitrators, of 
 whom each party hereto, or his heirs or assigns, shall 
 appoint one, and these two arbitrators, before entering 
 upon their duties, shall appoint under their hands a 
 third, and the decision of such arbitrators shall be bind- 
 ing on the parties hereto, their heirs and assigns. 
 
"«l 
 
 I'OSSKSSION IIKI'OKK t:ONVKYANC'K 
 
 55 
 
 And it is furtlier agreed that any wall built by virtue 
 of this agreement shall be of good materials and work- 
 manship, and when built shall be and remain a party 
 wall. 
 
 In witness, etc. 
 
 Skinkd, sealed, etc. 
 
 AGREIiMENT TO GIVE POSSESSION BEFORI-: 
 
 CONVEYANCE. 
 
 Vendor givin^i:^ possession of premises to purchaser 
 before conveyance of title. 
 
 Agreement made this day of , 18— .Between 
 
 — -of- 
 
 -, hereinafter called the vendor, of the one 
 
 part, and of , hereinafter called the purchaser, of 
 
 the other part. 
 
 Whereas by a contract in writing between the parties 
 
 hereto, dated the- day of , 18 — , the vendor 
 
 agreed to .sell, and the purchaser agreed to purchase, the 
 parcel of land with the buildings as therein described ; 
 and whereas some delay is likely to occur in consummat- 
 ing such sale, and the purchaser is desirous of taking 
 immediate possession of the premises, 
 
 Now these presents witness that he, the vendor, 
 
 hereby agrees that he will on the day of , 18 — , 
 
 deliver up to the purchaser the full possession of the 
 said premises as if the conveyance thereof had been 
 executed ; that the purchaser shall be at liberty to make 
 in a proper and substantial manner all such alterations 
 
 I 
 
 % 
 
 n 
 
 ■ 
 
 *1 11; 
 
 1] - 
 
 III 
 
 ^Ehi 
 
I 
 
 5^' 
 
 AOKKKMKNTS. 
 
 I 
 
 V, 
 
 i 
 
 ( 
 
 in, and additions to, the said l)uildings as lie sliall re- 
 luirc, but subject in all respects to the approbation of 
 the vendor, and so that the value of the premises shall 
 not be impaired. 
 
 It is hereby mutually agreed that such taking of posses- 
 sion shall not be deemed a waiver of the contract of 
 sale, or in any manner affect the rights of the parties 
 under it ; that such taking of possession shall not be 
 deemed an accei)tance of the title to said premises ; but 
 that the same shall be considered as taken conditionally 
 ui)on, and without prejudice to, the due performance of 
 the Slid contracU in all res[)ects. 
 
 In wiTNiiss, etc. 
 
 SlCNEF), SEALKD, etC. 
 
 A(;REi':Mi':\'r luyrwKEN public school 
 
 TRUSTLKS AND TEACHER. 
 
 (Form authorized by Education Department.) 
 
 Memorandum of a(;reement made this day of 
 
 , i8 -, Between the Public School Trustees of 
 
 Section No. , in the Township of [or the Public 
 
 School Board of the ('ity, Town, or Village of ], and 
 
 of , the holder of a class Certificate of quali- 
 fication as a Public School Teacher in Ontario, as fol- 
 lows : 
 
 1. The Trustees [or Board of Public School T us- 
 tees] hereby employ for their said school sr ' . iier, 
 
 at the yearly salary of- dollars, for the , of one 
 
 year, beginning on the day of , one liousmid 
 
 eight hundred and , and ending on the - Jay 
 
 ItjL. 
 
of 
 
 of 
 l)lic 
 md 
 lali- 
 Ifol- 
 
 as- 
 ■er, 
 lone 
 ad 
 
 hxy 
 
 TK.\( IIi:k ANH ^(HOdl. nOAKIt. 
 
 57 
 
 of- , one thousand tight hundred and ; and further 
 
 agree that they and their successors in otVice will pay 
 such salary to the said teacher at least {[uarterly, and 
 will exercise all jmwers and perform all duties under the 
 Public Schools Act and regulations of the ICducalion 
 l)ej)artment which may i)c requisite for makijig such 
 payment. 
 
 2. 'I'he teacher agrees with the said lk)ard of I'uhlic 
 School 'I'rustees to teach and conduct the said school 
 (luring the said term, according to the said law and 
 regulations in that behalf. 
 
 3. The foregoing is subject to the following condi- 
 tions : (i) That the teacher shall continue to be the 
 holder of a legal certificate of (lualification as a Public 
 School Teacher in Ontario. (2) That holidays and 
 vacations prescribed by the law and regulations are 
 excepted from the said term. (3) That the days on 
 which the teacher has attended the meetings of 
 Teachers' Associations or Institutes, as certified by the 
 Inspector or chairman thereof, shall be allowed him 
 as if he had actually taught in the said school; and (4) 
 That in case of sickness, as certified by a registered 
 medical practitioner, he shall be entitled to receive his 
 salary, without deduction, for such period as may be 
 authorized under the Statute in that behalf. 
 
 4. 'I'he Trustees [r^r School Board] and tiie teach..r 
 may, at their option, respectively, terminate this engage- 
 ment by giving notice ir^ writing to the other of them at 
 least calendar months previously, and so as to termi- 
 nate on the last day of a calendar month. 
 
 5. This agreement shall also be construed to continue 
 
 I' 
 
 ;>.-t 
 
I 
 
 58 
 
 .\r.Ri<:p:\!KNTS. 
 
 in force from year to year, unless and until it is termi- 
 nated by the notice hereinbefore prescribed. 
 
 As wiTNKSs the corporate seal of the said Trustees [or 
 School Board] zcid the hand and seal of the teacher, 
 on the day an J year first above mentioned. 
 
 Signed, sealed, etc. 
 
 ,1 
 
 if 
 
 HIRE RECEIPT. 
 
 Agreement for purchase of an article on the lease system. 
 
 Received of & Co. on lease a [sewing machine] 
 
 in good order and condition, valued at dollars, for 
 
 the use of which I agree to pay down dollars, and 
 
 dollars on the ^day of each and every month for 
 
 -months from the date hereof. 
 
 i 
 
 And it is further agreed that the said shall remain 
 
 the property of the said & Co. until purchased and 
 
 paid for, and that I acciiiire no title to the said until 
 
 I have paid the sum of dollars as rent therefor in the 
 
 manner above specified, when I shall have the privilege 
 
 and right to purchase the said by paying dollars 
 
 therefor, and it shall then become my property. I also 
 
 agree not to remove or dispose of the said without 
 
 permission of the said & Co. in writing. 
 
 In case of default of punctual payment of said monthly 
 rental or due fulfilment of any of the agreements or con- 
 ditions herein contained, th^ said & Co. may 
 
 resume possession of the said , which I agree to 
 
 deliver to them when required. And the said & 
 
 Co., their agents, successors, or assigns, shall have full 
 
 V.-.J.. 
 
SALE OF HUSINF.SS, GOOD WILL, ETC. 
 
 59 
 
 right and liberty to enter any house or premises where 
 
 the said may be, and remove the same without 
 
 resorting to any legal process. 
 
 I also agree to protect said & Co. against house 
 
 rent, and to notify them if there is any danger of seizure. 
 I also agree that if I shall become bankrupt, or compro- 
 mise with my creditors, or part with the possession of the 
 
 said , or in case the said shall be seized or 
 
 attached as my property, the instalments previously paid 
 shall be forfeited to the said & Co. 
 
 And I also agree to keep the said insured in the 
 
 sum of not less than dollars for the benefit of the 
 
 said & Co. 
 
 Witness my hand this day of , i8 — . 
 
 Witness : 
 
 } 
 
 AGREEMENT FOR SALE OF BUSINESS 
 Good willy stock-in-trade^ fixtures^ and book debts. 
 
 -day of— 
 
 made the- 
 
 i8- 
 
 This Indenture 
 
 Hetween of , hereinafter called the vendor, of the 
 
 one part, and of , hereinafter called the pur- 
 chaser, of the other part. 
 
 Whereas the vendor has agreed with the purchaser 
 for the sale to him of the good will, stock-in-trade, fix- 
 tures, and book debts of the trade or business of a , 
 
 carried on by him at aforesaid, as a going concern, 
 
 for the sum of dollars ; 
 
 Now this indenture WITNESSETH that in considera- 
 tion of the sum of dollars now paid by the purchaser to 
 
 the vendor (the receipt whereof is hereby acknowledged) 
 
 ^1 i 
 
 la; 
 
 B' 
 
 !. »■• 
 
6o 
 
 AGREEMENTS. 
 
 ' r if' 
 
 r I 
 
 111 
 
 i 
 
 he, the vendor, doth hereby assign unto the purchaser all 
 
 the interest and ^ood will of his said business of a , 
 
 with the stock-in-trade, fixtures, and effects pertaining 
 thereto, as lately carried on by the vendor ; and also all 
 the book and other debts now due and owing to the 
 vendor upon account or in respect of the said trade or 
 business, and all securities for the same, and also all 
 contracts and engagements, benefits and advantages, 
 which have been entered into by the vendor, or to which 
 he is or can be entitled on account or in rcsptct of the 
 said trade or business. 
 
 To hold the same unto the purchaser absolutely, with- 
 out any interruption or disturbance of or by the vendor 
 or any other person claiming through or in trust for him. 
 
 And the vendor covenants with the purchaser that 
 he, the vendor, hath now in himself good right to assign 
 the good will, stock-in-trade, fixtures, and effects, book 
 and other debts, and premises in manner aforesaid, and 
 that the same shall be enjoyed by th.e purchaser, free from 
 any interruption or disturbance as aforesaid; and also that 
 he, the vendor, shall not, either by himself or with any 
 other person or persons, do or cause to be done any 
 wilful act or thing to the prejudice of the said trade or 
 
 business of a , as heretofore carried on and conducted 
 
 by the vendor, but will, whenever required by tlie pur- 
 chaser, render every assistance and give all necessary 
 evidence for the i)urpose of recovering or otherwise en- 
 forcing payment of all or any of the said trade debts, and 
 vesting the absolute ownership thereof in the purchaser. 
 
 And the purchaser covenants with the vendor that he 
 will at all times hereafter save harmless and keep indem- 
 
 A(;j 
 
 Thi,^ 
 
 liKTWK 
 
 1 doctor 
 
 
SAI,K OF PHYSICIAN S PK ACIKK. 
 
 6i 
 
 ke en- 
 
 ACREEMENT FOR SALE OF PHYSICIAN'S 
 
 PRACTICE. 
 
 laser. 
 
 idciu- 
 
 This ac.rkkment made the day of 18 — , 
 
 Mktwekn of the of in the County of , 
 
 Doctor of Medicine, hereinafter called the vendor, of 
 
 
 
 nified the vendor and his estate and effects from and 
 against all losses, costs, expenses, and damages which 
 may be incurred by or by reason of any action or other 
 [)roceeding which shall or may be brought or instituted 
 against the purchaser, for or in respect of the said good 
 vvill, stock-in-trade, effects, and premises, or for or in 
 respect of the recovery of the several sums of money 
 which by the said books appear to be due and owing 
 from the vendor in respect of the said trade or business, 
 and also from and against the contracts and engagements 
 to which by the said books the vendor appears to be now 
 liable, and also all interest, costs, expenses, losses, claims, 
 and demands on account of the said debts, contracts, 
 and engagements respectively, or otherwise in relation 
 to the premises. 
 
 And it is hereby declared and agreed that the expres- 
 sions, "the vendor " and " the purchaser," wherever used 
 in this indenture, shall, where the context allows, include 
 
 and be binding not only on the said and the 
 
 parties hereto, but also on their respective heirs, execu- 
 tors, administrators, and assigns. 
 
 In witness, etc. 
 
 Signed, sealed, etc. 
 
 * <: 
 
 f I 
 
62 
 
 AGRKKMIiNTS. 
 
 : \ 
 
 I 
 
 ! 
 
 
 ■:i 
 
 
 ; 
 
 1 
 
 
 *i 
 
 li 
 
 -of the- 
 
 -of- 
 
 the one part, and- 
 
 of , Doctor of Medicine, hereinafter called 
 
 in the County 
 the 
 
 purchaser, of the other part. 
 
 Whereas the vendor hac for many years past exer- 
 cised his profession of physician and surgeon at , in 
 
 the County of , and is now desirous of retiring from 
 
 his practice at aforesaid, and the purchaser is 
 
 desirous of establishing himself as a physician and sur- 
 geon at said . 
 
 Now THEREFORE THIS AGREEMENT WITNESSETH that 
 
 the vendor agrees to sell, and the purchaser agrees tu 
 purchase the said practice, and the good will and benefits 
 
 thereof, from the day of , i8 — , together with ail 
 
 the fixtures, furniture, medical books, surgical and other 
 instruments and apparatus, and all the drugs, medicines, 
 bottles, and other things now used therein, for the sum 
 
 of dollars ; in confirmation of which purchase the 
 
 purchaser, upon the execution of these presents, has paid 
 
 the sum of dollars by way of deposit, and in part 
 
 payment of the purchase money. 
 
 The vendor further agrees that on the payment of the 
 residue of the purchase money as hereinafter men- 
 tioned he will fully and absolutely deliver over and 
 assign to the purchaser, his executors, administrators, or 
 assigns, the said practice or business and the good will 
 thereof, for his and their absolute use and benefit ; and 
 likewise the full and uninterrupted possession of the 
 ofiice in which the said practice is now carried on by 
 him, together with the fixtures, furniture, books, instru- 
 ments, apparatus, and things now used in and relating 
 to the said practice. 
 
 The vendor further agrees that he will introduce and 
 
SALE OF PHYSICIANS PRACTICE. 
 
 63 
 
 recommend the purchaser to his patients, friends, and 
 others as his successor, and will use his best endeavors 
 to promote and increase the prosperity of the said prac- 
 tice or business ; and for the purpose of more effectually 
 accomplishing such end, the vendor will, from the said 
 
 day of , until the day of , 18 — , permit 
 
 said practice to be carried on in his name, so that he 
 the vendor shall continue and remain ostensibly engaged 
 therein, in the same manner as he has heretofore car- 
 ried on his profession : and he will from time to time 
 during such period attend at the office and visit his 
 patients with the purchaser for the purpose of introduc- 
 ing him to his patients and friends, and of assisting him 
 in the management of said practice, but without partici- 
 pating in the losses, expenses, or liabilities, or in the gains 
 or profits of such practice. 
 
 The vendor covenants that he will not reside or prac- 
 tise either as physician or surgeon, or act directly or 
 indirectly as partner or assistant tc, or with any other 
 
 physician or surgeon practising either at aforesaid, 
 
 or elsewhere within miles thereof. 
 
 The purchaser, in consideration of the agreements on 
 the part of the vendor hereinbefore contained, hereby 
 further agrees to pay him, his executors or adminis- 
 trators, the residue of the purchase money, being the 
 
 sum of dollars, by instalments, as follows : one-half 
 
 part thereof on the day of , 18 — , upon receiving 
 
 the full and peaceable possession of the said practice, 
 office, good will, fixtures, furniture, books, and things 
 hereinbefore mentioned, and the remaining half part 
 thereof on the day of- , 18 — . And it is mutually 
 
 I 
 
 i;.u t 
 
 '. ■'!» 
 
 I ■!.■ 
 
 M 
 
jm\ 
 
 64 
 
 AC.RKKMKNTS. 
 
 1 ' ^ i 
 
 ' { 
 
 ! I 
 
 agreed between the parties hereto that, if the purchaser 
 shall not pay said first instalment of the purchase money 
 at the time aforesaid, the vendor may rescind this agree- 
 ment, so far as it relates to said sale, on giving the 
 
 purchaser days' notice of such rescission, and there 
 
 upon the said deposit money shall be forfeited to the 
 vendor, who shall afterwards be at full liberty to con- 
 tinue or to resell the said practice, good will, books, and 
 things hereby contracted to be sold, without previously 
 tendering any assignment thereof to the purchaser. 
 
 In witness, etc. 
 
 Signed, sealed, etc. 
 
 OFFER TO PURCHASE OR TO SELL. 
 
 To- 
 
 I hereby make you, or your assigns, the following 
 offer, which shall be open for acceptance in writing until 
 o'clock on the day of 18 — , but no longer. 
 
 I offer to \^ purchase or sell, as the case may de] all 
 that certain parcel of land, situate, etc., for the price or 
 
 sum of dollars, payable as follows : the sum of 
 
 dollars on the acceptance hereof; the further sum of 
 
 dollars by assuming as part of the consideration money 
 
 an existing mortgage for dollars ; the further sum 
 
 of dollars on the acceptance of title and delivery of 
 
 deed; and the remaining sum of dollars to be secured 
 
 by mortgage on the premises, with interest on the said 
 mortgage from the date of acceptance hereof at the rate 
 of per cent, per .uinum, [)ayable half yearly, said 
 
OFFER TO PUKCMASK Ok Si;I,t,. 
 
 <s 
 
 mortgage to contain a power of sale to be exercised after 
 
 one month's default upon days' notice. \_Here state 
 
 any other special provisions P\ 
 
 The vendor shall pay all taxes, rates, local improve- 
 ment or other assessments of what nature and kind soever 
 to date of acceptance, after which the same shall be paid 
 by the purchaser. 
 
 The purchaser shall take said property subject to 
 existing tenancies, and shall be entitled to all rents from 
 the date of acceptance, and shall pay to the vendor the 
 unearned portion of the existing insurance premiums. 
 
 The vendor shall not be bound to produce any abstract 
 of title, or any deeds, copies of deeds, or any other evi- 
 dence of title, except such as are in his possession. 
 
 The purchaser to search the title at his own expense, 
 
 and to have days from the date of accepiance to 
 
 examine the same, and if no written objection be made 
 within that time he shall be deemed to have accepted the 
 title, when the purchaser shall be entitled to a deed and 
 be Lt into possession. If any valid objection be n)ade 
 within that time, the vendor shall have a reasonable time 
 to remove it; but if he be unable or unwilling to do so, 
 he may cancel the contract and return the deposit. 
 
 This offer, if accepted as aforesaid, shall, with such 
 acceptance, constitute a binding contract of purchase 
 and sale, and time shall be strictly of the essence hereof. 
 
 In witness whereof I have hereunto set my hand 
 [and seal] this day of , i8 — . 
 
 Witness : 
 
 } 
 
i ; 
 
 i]i' 
 
 i 
 
 ii 
 
 ■: :n 
 
 66 
 
 A<.KKKMKNTS. 
 
 I hereby accept the above offer, and agree to fulfil the 
 terms thereof. 
 
 In witness whereof 1 have hereunto set my hand 
 this day of , 1 8 — . 
 
 Witness : 
 
 } 
 
 ac;reement for sale of land. 
 
 JVit/i special clauses. 
 
 Agreement made the day of , 1 8 — , Between 
 
 of the of in the County of , , here- 
 inafter called the vendor, of the one part ; and of 
 
 the of in the County of , , hereinafter 
 
 called the purchaser, of the other part. 
 
 The vendor hereby agrees to sell to the purchaser, 
 and the purchaser hereby agrees to purchase from the 
 vendor, all that certain parcel of land, situate, etc., 
 together with the appurtenances, for the price or sum 
 
 of dollars of lawful money of Canada, payable in 
 
 manner following ; that is to say : dollars upon the 
 
 signing of this agreement, [the further sum of dollars 
 
 by assuming as part of the consideration money an exist- 
 ing mortgage for dollars], the further sum of 
 
 dollars on the day of , i8 — , and the remaining 
 
 sum of dollars to be secured by a mortgage on the 
 
 said premises, with interest on the same at the rate of 
 
 per cent, per annum, payable [half-yearly], which 
 
 mortgage shall contain the usual statutory covenants \oi- 
 shall be in the form and with the covenants and pro- 
 visoes used by the solicitors for the vendor, and now 
 
■ 1^ 
 
 AGKKKMKNTS lOR SAI,!-: OK F„\NI>. 
 
 fi7 
 
 ir!1BPP 
 
 shown to the purchaser], and in which niorttfagc the dower 
 of the mortgagor's wife shall be barred. 
 
 And the purchaser doth hereby covenant, [)romise, 
 and agree to and with the vendor that he shall and will 
 well and truly pay, or cause to be paid, to the vendor 
 the sums of money above mentioned, together with the 
 
 interest thereon, at ihe rate of [)er cent. [)er annum, 
 
 on the days and times and in the manner above men- 
 tioned. 
 
 Covenant to pay '.'ncunt/> ranees. 
 
 And that the purchaser shall and will, from and after the 
 
 day of , 1 8 — , pay and discharge all taxes, rates, 
 
 local improvement or other assessments wherewith the 
 said land may be rated or charged [and will also pay 
 
 and satisfy a certain mortgage made by to dated 
 
 the day of , 18 — , for dollars]. 
 
 In consideration whereof, and on payment of the said 
 sum of money with interest thereon as aforesaid, the 
 vendor doth covenant, promise, and agree to and with 
 the purchaser to immediately thereupon convey and 
 assure, or cause to be conveyed and assured to the pur- 
 chaser by a good and sufficient deed in fee simple, all 
 that the said parcel of land, with the ap|)urtcnances, free 
 from all dower or other encumbrances, but subject to the 
 conditions and reservations expressed in the original 
 grant thereof from the Crown ; and such deed shall be 
 
 prepared at the expense of , and shall contain the 
 
 usual covenants [and also — here insert special covenants]. 
 
 Title: Objections and requisitions. 
 And it is hereby agreed that the vendor shall not be 
 bound to furnish or produc* any abstract of title, title 
 
 If ":f 
 
 1 
 
 II' 
 
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 m 
 
 i 
 
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 Is! 
 
 
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 68 
 
 AGREEMENTS. 
 
 deeds, copies of deeds, or evidence of title other than 
 those in his possession and control, and the purchaser is 
 to search thj title at his own expense. Any objections 
 or recjuisitions on title are to be in writing and delivered 
 
 to the vendor's solicitor wiihin days from this date. 
 
 if no objection or requisition be made within that lime 
 the purchaser shall be deemed to have accepted the title. 
 If any objection or requisition be made within that time, 
 which the vendor is unable or unwilling to remove or 
 comply wiih, the vendor shall be at liberty (notwith- 
 standing any intermediate negotiations with respect 
 thereto, or attempts to remove the objection or comply 
 with the requisitions), by notice in writing to the pur- 
 chaser or his solicitor, to rescind the sale, in which case 
 the vendor shall not be liable for any costs, damages, 
 compensation, or expenses [or as may bt agreed upon\ 
 
 Provided always that the purchaser shall be entitled 
 to waive such objections or requisitions by giving notice 
 in writing to that effect to the vendor or his solicitor at 
 
 any time within days from the receipt of such notice 
 
 of rescission being received, and on such notice of waiver 
 being given this agreement shall remain in full force and 
 effect as though such objection or requisition had never 
 been made. Any objections to the sufficiency of the 
 answers of the vendor are to be in writing and delivered 
 
 to the vendor's solicitor within days from the 
 
 delivery to the purchaser or his solicitor of such answers. 
 If no objection to the answers is made within that time, 
 the purchaser shall be deemed to have accepted the title. 
 If the purchaser make any objection to the answers of 
 the vendor within the time limited, the vendor (not- 
 
I'll 
 
 AGREEMENTS FOR SALE OF LAND. 
 
 69 
 
 withstanding any attempt to answer original requisitions 
 or remove original objections, and notwithstanding any 
 further attempt to answer or remove objections, and not- 
 withstanding any furtlior negotiations) shall have the right 
 to rescind the sale, subject to the provision for waiver of 
 ol)jections hereinbefore contained, and in such case the 
 vendor is not to be liable for any costs, damages, coin- 
 l)onsation, or expenses [or as may be agreed upon\ 
 
 And it is further agreed that the mortgage above men- 
 tioned to be given by the purchaser shall be prepared at 
 
 the expense of the ; and that the said deed shall 
 
 be delivered contemporaneously with the payment of the 
 said sum of dollars and delivery of said mortgage. 
 
 Provided that the vendor's acceptance of the mortgage 
 above mentioned shall not in any way be held to waive 
 the vendor's lien for unpaid purchase money. 
 
 Delivery of possession. 
 
 Possession of the said premises shall be delivered to 
 
 the purchaser on the day of 18 — , and all rents, 
 
 insurance premiums, taxes, rates, or other assessments 
 shall be apportioned between the parties hereto as of 
 and from that date, or 
 
 Provided that the purchaser may occupy and enjoy the 
 
 Slid premises from and after the day of until 
 
 default shall be made in the payment of the sum of 
 money above mentioned, or the interest thereon, or any 
 part thereof, in the manner above set forth; subject, never- 
 theless, to impeachment for voluntary or permissive waste. 
 Error in description not to affect sale. 
 
 Should any error or omission affecting the quantity of 
 land be discovered in the description of the property 
 
 I f 'I 
 
 1 .; ' \ 
 
I H *ii 
 
 
 '{ '■► 
 
 70 
 
 Ar.RKKMENTS. 
 
 before the actual conveyance of the same, hut not after- 
 wards, such error or ouiission shall not invalidate this 
 aj^reetnent, but compensation sliall be allowed or givi u, 
 as ihe case may recjuire. 
 
 S(i/e subject to tenancies. 
 
 And it is agreed that the said premises arc sold subject 
 to existing tenancies as follows, namely : 
 
 Purchaser to buy fixtures. 
 
 And the jjurchaser agrees to buy, and on the comple- 
 tion of the purchase pay for the fixtures and fillings in the 
 said buildings at the valuation mentioned in the schedule 
 hereto annexed, in which schedule the said fixtures and 
 fillings are more particularly specified. 
 
 Attornnwnt : Kent applied on purchase money. 
 
 And ihe purchaser hereby agrees to become tenant to 
 the vendor until the completion of the purchase, and to 
 
 hold the said |)remises at the yearly rent of dollars, 
 
 payable [semi annually] on the days of and 
 
 in each year, the first of such payments to be made on 
 
 the day of 18—. In case the rent paid in any 
 
 year shall exceed per cent, per annum upon the 
 
 amount of the purchase money which shall in any such 
 year for the time being remain unpaid, such excess 
 shall be applied in reduction pro tanto of the principal 
 of the purchase money. 
 
 Interest on purchase money. 
 
 If from any cause whatsoever the purchase shall be 
 
 delayed beyond the day of 18 — , the purchaser 
 
 shall thenceforth be entitled to the rents and profits of 
 the property, and shall pay interest at the rate of 
 
 Ad 
 of ih( 
 mc.jti 
 niann 
 and 
 
AC.RKF.MKNTS FOR SAI.K 0| LAND. 
 
 71 
 
 per cent, per annum on the halnnce of the purchase 
 money then remainin}^ unpaid from the said day until 
 the purchase shall he completed. 
 
 DniH(i}^cs for breach. 
 
 For the due performance of this agreement the parties 
 
 hereto agree that the sum of dollars shall be the 
 
 measure of damnges for the breach thereof, and the said 
 sum shall be recoverable by either party from the other 
 as liquidated damages, and not as a penally, and this 
 shall be in addition to and irrespective of any other 
 right, liability, or remedy which either party may be en- 
 titled to otherwise than by virtue of this proviso. 
 
 Resale on purchaser's default. 
 
 If the purchaser neglect or fail on his part to comply 
 with the stipulations and agreements herein contained, 
 the vendor shall be at liberty to rescind this agreement 
 
 after days' notice to the purchaser in writing, to be 
 
 given by mailing the same to him addressed , and 
 
 the vendor may thereupon resell the premises by public 
 auction or private contract, and any deficiency of price 
 which may happen on such resale, together with all 
 expenses attending it, shall forthwith be repaid by the 
 piesent purchaser to the vendor, and shall be recoverable 
 as li(iuidated damages. 
 
 Time the essence of the ar^reement. 
 
 And it is further agreed that time is to be in all respects 
 of the essence of this agreement, and unless the pay- 
 meats are punctually made at the time, and in the 
 manner above mentioned, these presents shall be null 
 and void. 
 
 \ 
 
 ^^\ 
 
 i i 
 
 11^ f 
 
72 
 
 Ar.RKKMENTS. 
 
 
 And it is further declared and agreed that the expres- 
 sions, " the vendor " and " the purchaser," wherever 
 used in this agreement, shall, where the context allows, 
 include and he binding not only on the said — i—flnd 
 , the parties hereto, but also on their respective heirs. 
 
 executors, administrators, and assigns. 
 In witness, etc. 
 Signed, sealed, etc. 
 
 AGREEMENT FOR SALE OF LAND. 
 
 (Short Form.) 
 
 Memorandum of Agreement made the- 
 — , 18 — , Bp:tween of the of- 
 
 -day of 
 -in the 
 
 County of , , hereinafter called the vendor, of 
 
 the one part, and of the of in the County 
 
 of , , hereinafter called the purchaser, of the 
 
 other part. 
 
 The vendor agrees to sell and the purchaser agrees to 
 purchase all that certain parcel of land, situate, etc., for 
 
 the price or sum of dollars of lawful money of Canada, 
 
 payable as follows : that is to say, the sum of dollars 
 
 upon the signing of this agreement, and the residue 
 thereof on the completion of the purchase [or as may be 
 ai^eed\ 
 
 The purchase shall be completed on the day of^ 
 
 , 18 — , at the office of the vendor's solicitor, and 
 
 the purchaser shall then be given possession of the prem- 
 ises. If the purchase be not completed on the last- 
 mentioned day, the purchaser shall pay to the vendor 
 interest on the residue of the unpaid purchase money. 
 
 the pi 
 
 VVi 
 
 sum 
 
 X 
 
 l^. 
 
AGKKLMliNT FOR SALE OK TIMHER. 
 
 73 
 
 The vendor shall not be required to furnish any ab- 
 stract of title, or procure or show any deed or evidence 
 of title not in his possession, or any copies of deeds or 
 papers. The deed to be given at the expense of the 
 , and to contain only the orditiary statutory cove- 
 nants [or as may be asreed\ an^ the land to be conveyed 
 free from dower and all othfer incumbrances. 
 
 The purchaser to be allowed days to investigate 
 
 the title at his own expense, and if within that time 
 he shall furnish the vendor in writing with any valid 
 objection to the title which the vendor shall be unable 
 or unwilling to remove, this agreement shall be null and 
 void, and the deposit money returned to the purchaser 
 without interest. Time to be the essence of this agree- 
 ment. The vendor to pay the proportion of insurance 
 premiums, taxes, local improvement and other assess- 
 ments of whatsoever kind, to the date hereof, after which 
 date the purchaser is to assun e them. 
 
 In witness, etc. 
 
 Signed, sealed, etc. 
 
 AGREEMENT FOR SALE OF STANI)IN(; 
 
 TIMIJER. 
 
 -day of- 
 
 Agreement made the- 
 — of the of in the County of- 
 
 18 
 
 .Between 
 , here- 
 inafter called the vendor, of the first part, and of the 
 
 of in the County of , , hereinafter called 
 
 the purchaser, of the second part. 
 
 WITNESSETH that the vendor, in consideration of the 
 sum of dollars, to be paid to him by the purchaser 
 
 * 1 
 
 .. 
 
 n 
 
 
 
 ^\- 
 
 i Kil 
 
 '\%r 
 
 ^ i 
 
 I, (i. 
 
 „Mir 5!;- 
 
w 
 
 74 
 
 AGRKKMENTS. 
 
 in the luaiiner hereinafter mentioned, agrees to sell to 
 the purchaser all the [hemlock] timber and trees now 
 standing, growing, lying, or being on all that certain 
 parcel of land situate, etc., together with full liberty to 
 the purchaser, his servants, agents, and workmen at all 
 limes, and with or without horses, cattle, or other animals, 
 wagons, sleighs, or other vehicles, to enter upon, pass 
 through, over, and upon the said land for the purpose of 
 foiling, cutting down, and carrying away the said trees 
 and limber, and with liberty also to the purchaser to place 
 and dry the bark of the said irccs on any convenient 
 part of the said i)remiscs. 
 
 In consideration whereof the purchaser agrees to pay 
 to the venlor the sp.ii' sum of JoUars, as follows : . 
 
 And the purchaser agrees that he will cut down and 
 remove all the said timber and trees (which he intends 
 
 to cut and remove) on or before the day of , i8 — , 
 
 and that he will do no unnecessary damage to the under- 
 brush or crops, or any road or fence, and will repair any 
 damage so done, or make compensation therefor, and 
 for any other damage done to any property of the vendor. 
 
 And u. is hereby agreed that if any dispute shall arise 
 between the parties hereto with regard to the said timber 
 or to the comi)ensation to be made for any damage done 
 as aforesaid, or to anything herein contained, the same 
 
 siiall be submitted to as arbitrator, whose award shall 
 
 be final and conclusive between the parties hereto, their 
 executors, administrators, and assigns. 
 
 And it is herel)y further agreed that the expressions, 
 " the vendor " and " the purchaser," wherever used in 
 this agreement, shall, where the context allows, include 
 
 uto 
 vess 
 
 sai( 
 
 the 
 
 the 
 
 In 
 
BT 'Tfl^I 
 
 H m 
 
 AORKKMKNT F-^OR SAf.F. or SHIl'. 
 
 75 
 
 )ns, 
 in 
 lude 
 
 and be binding not only on the said and the 
 
 parties hereto, but also on their respective heirs, exe- 
 cutors, administrators, and assigns. 
 
 In witness, etc. 
 
 Signed, sealed, etc. 
 
 AGREEMENT FOR SALE OF A SUIT. 
 
 AciRKEMENT made the— 
 — of , owner of the [sailing] ship or vessel " 
 
 day of , 18 — , Hktwekn 
 
 -of 
 
 hereinnfter called the vendor, of the one part; and— 
 — hereinafter called the [jurchaser, of the other part. 
 
 The vendor hereby agrees to sell and the purchaser 
 
 hereby agrees to purchase at the sum of dollars, free 
 
 jV( m all charges and incumbrances, all that the said ship 
 
 or vessel called " ," whereof is master, now 
 
 lying in the port of , a full description whereof is 
 
 contained in the copy of the certificate of her regi'-try 
 hereto annexed, together with all the tackle, apparel, 
 utensils, and appurtenances whatsoever to the said ship or 
 vessel belon^^ing or in any wise appertnining ; which 
 said ship or vessel has been duly registered, pursuant to 
 the statute in that behalf, at — —aforesaid, as appears by 
 the said register. 
 
 And it is further mutually agreed that the said pur- 
 chase shall be comi)leted on the day of -next, at 
 
 o'clock in the noon, when the |)urchase money 
 
 shall be paid ; and on payment thereof possession of the 
 said ship or vessel shall be duly given, and a bill of sale 
 thereof to the purchaser duly executed and delivered. 
 
 In witness, etc. 
 
 SUINED, SEALED, etC. 
 
 ■fl 
 
 : <■ 
 
 Hl\ 
 
 Uf i 
 
76 
 
 AORKKNfKNTS. 
 
 J 
 
 agreement between employer anl3 
 
 employee:. 
 
 Master and servant^ or clerks or workman. 
 
 Ar.RF.EMENT made the day of , i8 — , Between 
 
 of hereinafter called the employer \or master], 
 
 of the one part ; and of hereinafter called the 
 
 employee \or servant, clerk, etc.], of the other part. 
 
 The said covenants and agrees that he will faith- 
 fully, honestly, and diligently serve the employer in the 
 capacity of a in the employer's business \or profes- 
 sion] of a in the [town] of , and that he will 
 
 devote his entire time, labor, skill, and attention to such 
 emi)loymcnt and obey the lawful and proper orders and 
 directions of the employer and his partner or partners 
 
 between the hours of o'clock in the forenoon and 
 
 o'clock in the afternoon, save and except , and 
 
 the said hours are to be the hours of said employment. 
 
 And in consideration of such service the employer 
 covenants and agrees to pay to the employee the sum of 
 
 dollars for and in each and eve.y [week] that the 
 
 employee shall remain in the employer's service, begin- 
 ning on the day of next. 
 
 Provided that such service may be terminated by 
 
 either party hereto by giving to the other party 
 
 days' notice [in writing], or, at the o|)tion of the em- 
 ployer, on payment by the employer to the employee of 
 [weeks | wages \or ns may he a}:^reed\. 
 
 In wiTNKss, etc. 
 
 of- 
 pub 
 cone 
 to til 
 
 oithe 
 nwarc 
 shall 
 18 
 
■^^M. 
 
 ARBITRATION. 
 
 AGREEMENT FOR SUBMISSION 
 To one nrhitrator. 
 
 Ar.RKEMF.NT madc the day of , i8 — , Between 
 
 — of , of the first part, and of , of the 
 
 second part. 
 
 Whereas disputes and dilTerences have arisen and are 
 still subsisting between the said parties, it is agreed, by 
 and between them, to refer all such disputes and matters 
 in difference whatsoever [cotifinue after * /^e/ow\ or 
 
 Whereas an action is now pending in the 
 
 Division of the High Court of Justice, wherein is 
 
 plaintiff, and defendant, it is agreed \if it be intended 
 
 not to refer the action^ hut only the subject of the action that 
 all proceedings in the action shall be stayed, but that in 
 order to ascertain, settle, and adjust all accounts, claims, 
 and demands in dis^mte in the said action] that the same 
 [if the reference is f^cnerai^ r///^, and all matters whatsoever 
 in difference between the parties] shall be referred 
 
 [*] to the award order and final determination of 
 
 of , , so as the said arbitrator make and 
 
 publish his award in writing, and signf;d by him, of and 
 concerning the matters referred, ready to be delivered 
 to the said parties or to either of them, or, if they or 
 either of them shall be dead before the making of the 
 award, to their respective personal representatives who 
 
 shall re(}uire the same, on or before the day of , 
 
 18 -, or on or betore any other day to which the arbi- 
 
78 
 
 ARIMTK \TION. 
 
 fl I 
 
 trator shall, by any writing signed by him, endorsed on 
 this submission, from time to time enlarge the time for 
 making his award. 
 
 Death of party not to affect reference. 
 
 And it is further agreed that the submission hereby 
 made shall not be defeated or affected by the death of 
 the said parties or either of them pending the same, but 
 sliali or may be proceeded in, and the matters in difference 
 determined in the same manner as if the award of 
 the said arbitrator had been made or determined in 
 the lifetime of the party or parties so dying ; and the 
 executor or administrator, executors or administrators of 
 the party or parties so dying shall be, and be deemed 
 and considered to be, a party or parties to the reference 
 or submission hereby made, any rule of law or ecjuity to 
 the contrary notwithstanding. 
 
 Parties and witnesses to be sworn. 
 
 And that the witnesses on the reference and the 
 
 parlies (if examined) shall be examined on oath or 
 
 affirmation. 
 
 Power to proceed ex pa rte. 
 
 And that the arbitrator shall be at liberty to proceed 
 ex parte in rase either party, after reasonable notice, 
 shall at any time neglect or refuse to attend on the refer- 
 ence, without having previously shown to the said arbi- 
 trator what the latter shall consider good and suflficicnt 
 cause for failure to attend. 
 
 Documents to be produced. 
 
 And that tht- parties respectively shall produce be- 
 fore the arbitrator all books, deeds, papers, a<xounts, 
 
 neces 
 and 
 do, 
 arbiti 
 
 An( 
 
 .'>liall, 
 ol)cy, 
 'je nia 
 
 Anc 
 ;iny ac| 
 the 
 
AdRKIiMKNl F'OK SUBMISSION. 
 
 79 
 
 rocecd 
 notice, 
 icfcr- 
 x\ ar\)i- 
 ifficient 
 
 ucc l>i3- 
 I'counts, 
 
 vouchurs, writings, entries, and memoranda within their 
 
 possession or control, which the arbitrator may re(|iiire 
 
 and call for as in his judgment relating to the matters 
 
 referred. 
 
 Power to employ an accountant. 
 
 And that the arbitrator shall, if he think it necessary, 
 i)e at liberty, and he is hereby authorized, to appoint an 
 accountant to assist him, at the expense of the said 
 parties, who shall be liable to such accountant for his 
 reasonable remuneration ; and thai, as between the said 
 parties, the expense of such accountant shall be borne 
 and paid in equal moieties by the said parties \or shall be 
 in the discretion of the arbitrator] ; and such accountant 
 shall be re(4uired to make his solemn declaration, accord- 
 ing to the statute, of the truth of the account or slatement 
 to be made out by him. 
 
 Parties to fonvard^ not prevent, award. 
 
 And that the parties respectively shall do all other acts 
 necessary to enable the arbitrator to make a just award ; 
 and that neither of them shall wilfully or wrongfully 
 do, or cause to be done, any act to delay or prevent the 
 arbitrator from making his award. 
 
 Parties to abide by award. 
 
 And that the parlies, their executors and administrators, 
 shall, on their respective parts, in all things stand to, 
 obey, abide by, perform, fulfil, and keep the award so to 
 be made and published as aforesaid. 
 
 Parties not to brin^ action. 
 
 And that none of the parties shall bring or prosecute 
 any action against the arbitrator or against any other of 
 \,he \iatt\es concerning the tnatters referred. 
 
 I'B! t 
 
 %m 
 
V 
 
 i! 
 
 1 ' j' 
 
 |; 
 
 i '■ 
 
 80 
 
 AKIil'l RATION. 
 
 Power to refer back award. 
 
 And it is further agreed that in the event of either of 
 the parlies, their executors or administrators, being dis- 
 satisfied with the award, or disputing its vahdity, and 
 moving tiie court lo set the same, or any part thereof, 
 aside, or on any motion Ijcing made respecting the said 
 award, the said court, whether the award be insufficient 
 in law or not, shall have power, if it shall think fit, to 
 remit the award or the matters hereby referred, or any 
 of them, from time to time to the reconsideration and 
 determination of the arbitrator. 
 
 Costs of arbitration. 
 
 And that the costs of preparing and executing these 
 presents and a dui)licate thereof, and the costs of the 
 reference and award, shall be in the discretion of the 
 arbitrator, who may direct to, and by whom, and in what 
 manner, the same or any part thereof shall be paid \or 
 that the costs of the reference and award shall abidj 
 the event of the award] 
 
 Penalty for breach of submission. 
 
 And for the due execution and observance of the agree- 
 ment hereinbefore contained on the part of the party of 
 the first part \and also for any other party for whom the 
 party of the first part is liable\ the party of the first 
 part doth hereby bind himself, his heirs, executors, and 
 
 administrators, in the sum of dollars ; and for the due 
 
 execution and observance of the agreement hereinbefore 
 contained on the part of the party of the second part 
 \and also for any other party for tvhom the party of the 
 sec'tnd part is liable], the parly of the second part doth 
 
ACIRKKMENI FOR SUr-MlSSlON. 
 
 8x 
 
 i ^ ^ 
 
 hereby bind himself, his heirs, executors, and adminis- 
 trators, in the sum of dollars. 
 
 Su/>f/tission to be made a rule of court. 
 
 And it is further agreed that this submission to ari)itra- 
 tion shall be made a rule of the High Court of Justice 
 
 \i)r of the Division of the High Court of Justice] 
 
 I If it is intended that the submission shall not be made a 
 rule of court^ it must be so stated, Jf the submission is 
 made a rule of courts it is not revocable by either parly 
 iviihout leave of the court]. 
 
 Parties to pay arbitrator's charges. 
 
 And the said parties jointly and severally agree to and 
 with the arbitrator, in consideration of his taking upon 
 himself the burden of the reference, to pay to him his 
 reasonable charges for the arbitration and award. 
 
 In witness WHiiRiiOF the parties hereto have here- 
 unto set their hands. 
 
 Witness : | 
 \ 
 
 AGREEMENT FOR SUB^^SSION 
 
 2\) one arbitrator. 
 
 (Short Forii.) 
 
 — of and of do hereby refer all mat- 
 ters in dispute between us to the award and determina- 
 tion of of , whose decision and award shall be final 
 
 and binding upon us and our respective heirs, executors, 
 adniinistrators, and assigns, and who shall have power to 
 
 We- 
 
89 
 
 ARHITRATrON. 
 
 direct to, and by whom, and in what manner the costs 
 of the reference and award, or any part thereof, shall be 
 borne and [)aid. 
 In wiTNKSs, etc. 
 
 WlTNKSS: 
 
 } 
 
 ACU^El.MKNT I'OR SUIIMISSION 
 To three arbitrators. 
 
 —day of , 1 8 — , liiawEKN 
 
 Agkkkmknt made the— 
 — of , of tlie one part, and 
 
 -of- 
 
 -, of the 
 other part. 
 
 Whkrk \s certain disputes and differences have arisen 
 and siill cxi>t between the said parties relative to \set 
 out the matters in dispiite\ 
 
 Now it is hereby agreed ijy and between the parties here 
 to that the said disputes and causes of difference shall be 
 and the same are hereby referred and submitted to the 
 
 arbitration and determination of of , and of 
 
 , nominated by the said parties, respectively, and of 
 
 such third arbitrator as the said and \ first-named 
 
 arbitrators'] shall, by writing under their hands, to be 
 endorsed upon this submission, before they enter on the 
 business of the reference, nominate and appoint to act 
 with them, so as the said arbitrators [or any two of them] 
 make and publish their award in writing, signed by 
 them, of and concerning the matters referred, ready to 
 he delivered to the parties or either of them, their 
 executors, administrators, or assigns, on or before the 
 day of , 1 8 — , or any subsequent day to which 
 
 ';' 1 
 
Xr.RKKMF'.NT R>k SUIlMfSSlON. 
 
 83 
 
 the said arbitrators shall from time to time by writing 
 under their hands extend the time for making said 
 award. 
 
 Provisions for appointin^^ new arlntrators. 
 
 And that in case either of the two first appointed 
 arbitrators shall die or refuse or become incapable to 
 net as arbitrator, before the whole of the premises here- 
 by referred shall be determined by the said arbitrators, 
 then the party who appointed such arbitrator, or the 
 ht'irs, executors, or administrators of such party, shall 
 forthwith thereafter nominate and appoint some other fit 
 and indifferent pers ^n to be arbitrator in the stead and 
 place of the arbitrator dying, refusing, or becoming inca- 
 pable to act ; and so in like manner upon the decease 
 or neglect or refusal to act of any arbitrator succeeding 
 to the place of the said arbitrator, and every arbitrator 
 so appointed as a substitute for either of the said first- 
 appointed arbitrators or any succeeding arbitrator shall 
 have the same powers and authorities as the arbitrator 
 for whom the substitution is made would have had if he 
 had acted or continued to act. 
 
 And the parties hereto do mutually covenant and 
 agree each with the other that the award to be made by the 
 said arbitrators [or any two of them] shall in all resi)ccts 
 be well and faithfully kept and observed. 
 
 And that the said arbitrators shall be at liberty to 
 examine the parties hereto or either of them and the 
 witnesses in the reference, and that the parties and wit- 
 nesses, if examined, shall be examined on oath or affirma- 
 tion, and that the parties respectively shall produce before 
 the arbitrators all books, documents, papers, maps, plans. 
 
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 ;,1 
 
 1 i 
 
 • 
 
 . I 
 
 ARBITRATION. 
 
 and writings in their custody, power, or control relating 
 to the matters referred which the said arbitrators may 
 require. 
 
 Provided that if either of the said parties shall refuse 
 or neglect to attend upon the reference without reason- 
 able (ixcuse for such refusal or neglect, the arbitrators 
 shall be at liberty to proceed ex parte. 
 
 And it is hereby agreed between the parties hereto, 
 each with the other, that he will not bring or prosecute 
 any action in any court against the other, or against the 
 arbitrators or any of them concerning the matters in dif- 
 ference, or any of them, concerned in the said reference. 
 
 And it is further agreed that the costs of the reference 
 and award shall be in the discretion of the arbitrators, who 
 may direct to, and by whom, and in what manner the 
 same or any part thereof shall be paid. 
 
 \^Add other clauses as required from form on pa<:^e 77. j 
 
 In witness, etc. 
 
 \VlTNESS : I 
 
 SUBMISSION BY DEED. 
 
 -day of- 
 
 'I'fiis Indenture made the — 
 
 Between A.B. of nnd C.I), of 
 
 E F. of , of the second part ; and (). H. of 
 
 18-, 
 
 , of the first part ; 
 -. of 
 
 the third part. 
 
 Whereas differences have arisen and are still depend- 
 ing between the said A.B. and CO. and the said E.F., 
 and also between the said A.B. and the said E.F., and 
 also between the said E.F. and the said G.H., touching 
 
ROND. 
 
 ^5 
 
 and concerning [here shortly rfate the matters in dispute] ; 
 and in order to put an end to such differences, the said 
 jxirties have agreed to refer the same [or all matters in 
 difference] to the award of X.Y. of , as arbitrator. 
 
 Now THIS INDENTURE WITNESSETH that they, the said 
 A.B., CI)., E.F., and G. H., do and each c^ them doth» 
 each for himself, severally and respectively, and for his 
 several and respective heirs, executors, and administra- 
 tors, covenant and agree with each other, his heirs, 
 executors, and administrators, respectively, to stnnd to, 
 abide by, observe and perform the award and determi- 
 nation of the said X.Y. of and concerning the premises 
 aforesaid ; so as the said arbitrator [continue as in 
 oi^rcement for submission^ p. 77]. And the said parties 
 do hereby further agree that [add clauses considered 
 advisable]. 
 
 In witness whereof the parties hereto have here- 
 unto set their hands and seals. 
 
 Signed, sealed, and delivered 
 
 in the presence of 
 
 } 
 
 BOND 
 
 To refer to arbitration. 
 
 Know all men by these presents that I., A.H., of , 
 
 am held and firmly bound to C.I)., of , in the penal 
 
 sum of dollars of lawful money of Canada, to be 
 
 pa-d the said CD., or his certain attorney, executors, 
 administrators, or assigns, for which payment well and 
 truly to be made I bind myself, my heirs, executors, and 
 administrators, firmly by these presents. 
 
 S.\ 
 
 \ 3 |; 
 1 ^ •':' 
 
 l-U 
 
 
 i It .e 
 
 % -^ 
 

 86 
 
 ARIlll-K \IIOISf. 
 
 w 
 
 ; I 
 
 Sealed with my seal. Dated the clay of t8 — . 
 
 Whereas [here state the existence of differences between 
 A.B. and CD., or enumerate special matters in dispute^ as 
 in a submission by a^^recment\ 
 
 And whereas the above bounden A.B. and the said 
 CD. have agreed to refer the same [and all matters in 
 difference between them] to the award, arbitration, and 
 
 determination of of , and of , arbitrators 
 
 nominated, a[)pointcd, and chosen, as well by and on 
 the part and behalf of the above bounden A.B. as of 
 the said CD., who have consented and agreed to acce|)t 
 the burden of the said arbitration, and of such third 
 
 arbitrator os the said nnd [arbitrators previous/y 
 
 nominated^ shall, by writing under their hands before 
 they proceed in the arbitration, nominate and appoint to 
 act with them. 
 
 Now the condition of this oi)ligation is such that if the 
 above bounden A.B., his heirs, executors, and adminis- 
 trators, do and shall, on his and their part and behalf in 
 all things, well and truly stand to, obey, abide by, observe, 
 perform, fulfil, and keep the award, order, arbitrament, final 
 end and determination of the said arbitrators respecting 
 the matters referred, so as the said arbitrators make and 
 publish their award in writing of and concerning the 
 same, ready to i)e delivered to the parties, or if they, or 
 either of them, shall be dead before the making of the 
 award, to their respective personal representatives who 
 
 shall require the same, on or before the day of , 
 
 1 8 — , or on or before any other day not later than the 
 
 day of , i8 — , to which the said arbitrators shall 
 
 by any writing signed by them, endorsed on these pres- 
 
API'(^IN'IMKNr Ol' rHIRP AKHIIKAI OR. 
 
 ^7 
 
 eiils, enlarge the time for making their said award, then 
 this obhgation shall be void ; otherwise to remain in full 
 force and virtue. 
 
 And it is further agreed by and between the said A.IJ. 
 and C. 1) that \Jiere add such of the chuises and provision 
 nun " Ai^reenient f(>r submission " as may be requircd\ 
 
 Signed, sealed, etc. 
 \C.D. should execute to A.B. a similar bond with a similar 
 condition?^ ' ■ ■ 
 
 APPOINTMENT OF THIRD ARIUTRA'POR. 
 
 By arbitrators named by the parties. 
 
 Pursuant to the powers given to us by an agreement 
 
 of reference made on the day of , i8 — , between 
 
 of , and of [ or by the agreement of 
 
 reference contained in the condition of two mutual bpnds 
 
 made and executed on the day of , 18 — , by 
 
 of , and of respectively, each to the other], 
 
 we the thereby appointed arbitrators do by this memoran- 
 dum in writing under our hands, made before we have en- 
 tered upon theconsiderationof the matters referred, nomi- 
 nate and appoint of to be the third arbitrator to 
 
 act with us in the consideration and determination of 
 the same, according to the provisions of the above- 
 mentioned agreement of reference [or bonds of submis- 
 sion]. 
 
 Witness our hands the day of , 18 — . 
 
 Witness : 
 
 } 
 
 H 
 
 1 :: 
 
I I 
 
 
 >Ci' 
 
 ^ I 
 
 1 . 
 
 }■ 
 
 i 
 
 i;i 
 
 I!!' 
 
 88 
 
 AkniTRATION. 
 
 APPOINTMENT. 
 
 To proceed with reference. 
 
 1 appoint the day of next [peremptorily] 
 
 for [>roceeding in ihis reference, at the hour of o'clock 
 
 in tlie noon, at \jiame place where reference wi/l be 
 
 held\ 
 
 Dated the day of , i8 — . 
 
 To Solicitor for A.B. 
 
 And to Solicitor for C.I). 
 
 X.Y. 
 
 Arbitrator. 
 
 OATH. 
 
 To be administered by arbitrator to ivitness. 
 
 Thk evidence which you shall give before me, the 
 arbitrator, touchini^ the matters in difference in this 
 reference, shall be the truth, the whole truth, and nothing 
 but the truth, so help you God. 
 
 DEMAND FOR DOCUMENTS 
 By arbitrator. 
 
 In THE MATTER of the arbitration between A.B. and 
 CD. 
 
 Sir, — In pursuance of the power given to me by the 
 agreement of submission [or other submission^ as the case 
 
 may be], I retiuire you to produce before me on the 
 
 day of next, at the hour of o'clock in the 
 
 noon, at [name place ivhere arbitrator will sit\ the 
 
 following documents relating to the matters in this refer- 
 ence, that is to say: — [Here enumerate the booksy deeds 
 
REVOCATION OF SUHNflSSIOM. 
 
 89 
 
 papers^ and writings demanded^ specifyin^:^ and describing 
 each ivith a reasonable decree of particularity as far as is 
 practicable^ and also all other hooks, deeds, papers, and 
 writings concerning the matters in difference referred to 
 my decision. 
 
 Dated the day of , 18 — . 
 
 To . X.Y. 
 
 Arbitrator. 
 
 REVOCATION OF SUBMISSION. 
 
 Know all men by these presents that I, A.B.,of , 
 
 have revoked, annulled, and made void, and by these 
 presents do revoke, annul, and make void, all the power 
 and authority which by \recite the submission^ for in- 
 stance^ a certain agreement of reference in writing made 
 
 the day of , i8~, between me, the said A.IJ., 
 
 and CD. of , were conferred upon X. Y., the arbitrator 
 
 thereby appointed, to award and determine on certain 
 matters in difference between me and the said C.I)., and 
 I do hereby discharge and prohibit the said X.Y. from 
 making any award or from any further proceeding in the 
 said arbitration. 
 
 As WITNESS my hand [and seal] this day of , 
 
 18—. • ' 
 
 Witness; 
 
 }. 
 
 '!^l, 
 
,1 
 
 r i 
 
 it i^ 
 
 
 ^e ARniTRATION. 
 
 NCrriCR OF REVOCATION 
 
 Sir, — I hereby give you notice that by a writing under 
 
 my hand and seal, made on the day of , i8 — 
 
 I have revoked and annulled, and made void, your 
 authority as arbitrator; and I hereby discharge and pro- 
 hibit you from further proceeding in the matters of the 
 arbitration between me and CD. 
 
 Dated the day of , i8 — . 
 
 To X.Y. A.B. 
 
 ENLARGEMENT OF TIME 
 
 By a7-bitrators. 
 
 We enlarge the time for making our award respecting 
 the matters referred to us by the within order of refer 
 
 ence \or other suhniission] until the day of , 
 
 i8— . 
 
 Dated the day of , i8 — . 
 
 Witness 
 
 ) 
 
 ENLARGEMENT OF TIME 
 
 By parties. 
 
 We, the within-named and do hereby agree 
 
 to give and allow to the within-named arbitrators a fur- 
 ther time for making their award, namely, until the 
 
 day of , 1 8 — . 
 
 And we further declare and agree that all the provi- 
 sions of the within contained agreement of reference [r?;' 
 bond of submission] shall continue of full force and 
 
 cffccl 
 as if 
 and i 
 conta 
 siun]. 
 
 In 
 [and s 
 
 \\n 
 
 lure], d: 
 1]. of- 
 part, rec 
 fercnce a. 
 of the cm 
 matters 
 (t^se tnay 
 determin 
 made in 
 [And 
 inent on 
 enlarge tl 
 
 of , II 
 
 And \v| 
 
AWARD. 
 
 f)I 
 
 effect, except that the same shall he construed and read 
 as if the day hereby given and allowed had been given 
 and allowed for the making of the award by the within 
 contained agreement of reference [or bond of submis- 
 sion]. 
 
 In witness whereof we have hereunto set our hands 
 I and seals] this day of , i8 — . 
 
 Witness: ^ 
 
 AWARD. 
 
 To ALL to whom these presents shall come. 
 — send greeting 
 
 I 
 
 -of 
 
 'to- 
 
 Where submission ivas by agree/nent or deed. 
 
 WHKREASby a certain agreement in writing [or inden- 
 ture], dated the day of , i8 — , made between A. 
 
 B. of of the first part, and CD. of of the second 
 
 part, reciting that [here recite so mucli of the matters in dif- 
 ference as will explain and justify the subsequent directions 
 of the award] it was agreed that ihe same [or that all 
 matters in difference] [state the terms of reference, as the 
 uise may be] slu)uld be referred to the award and final 
 
 determination of me of , the said award to be 
 
 made in writing on or before the day of , i8 — . 
 
 [And whereas I, the said arbitrator, did by endorse- 
 ment on the said agreement by writing under my hand 
 
 enlarge the time for making my award until the day 
 
 of , i8— .] 
 
 And whereas it was further agreed that [here set forth 
 
 % i 
 
1 
 
 I ', 
 
 m i 
 
 If 1 
 
 93 
 
 ARBITRATION. 
 
 s/n// of the several flowers and priwisious in the siihmissioii 
 as %vartant the directions of the auHird\ 
 
 Where submission was by bond. 
 
 Whkukas A.IJ., of , did by his bond, dated tlic 
 
 day of ,18 — , become bound to C.I)., of , in 
 
 tlie penal sum of dollars, and the said CD. by 
 
 his bond, also dated the day and year aforesaid, did 
 beci^me bound to the said A.B. in the like penal sum ol 
 
 dollars, which bonds respectively recite that \Jieri 
 
 set out so much of the recital in the bonds as snj/ices 
 to sliow what is referred^ and to explain the rest of the 
 aivard\\ under which bonds conditions were respectively 
 written for making the same void if the said A.IJ. and 
 C.I), respectively, and their respective heirs, executors, 
 and administrators, should observe, perform, and keep the 
 award which I, the said arbitrator, should make of and 
 concerning the said matters referred [accordini^ to the 
 bonds], so as I, the said arbitrator, should make and 
 publish my award in writing [set out the provisions oj 
 the bonds as to the delivery of the award, the time for 
 making it, and the power of enlargement as above]. 
 
 Where submission ivas by a rule of court. 
 Whereas by a rule of the Divisi n of the High 
 
 -day of- 
 
 18- 
 
 m an 
 
 Court of Justice made the- 
 
 action wherein was plaintiff and defendant, it was, 
 
 by consent, ordered that all matters in dispute between 
 the said parties should be referred to the award of me 
 
 of . 
 
 Now I, the said arbitrator, having taken upon myself 
 the burden of this reference, and having duly weighed and 
 
 '%.. ' •^^ ' 
 
AFFIDAVr; OF KXKCUTION OF AWARD. 
 
 93 
 
 considered the several allegations of th(* said i)arties, and 
 also the proofs, voiichers,and documents which have been 
 j^ivcii in evidence before nie, do hereby make and publish 
 thi-i my award in writing of and concerning the n)atters 
 above referred to me in manner following, that is to say : 
 
 1 award and adjudge \Jierc folltnv the particulars of the 
 findini:;s and a7vard\ 
 
 And 1 furdier find that neither of the said respective 
 parties has any other demand, claim, or cause of action 
 upon or against the other of them in respect of the matters 
 cferred as aforesaid, and the matters aforesaid by me 
 awarded upon. 
 
 In witness whereof I have hereunto set my hand [and 
 scal*J this day of , i8 — . 
 
 Sl(iNKI), SEALKD AND I'UI'.LISHEdI 
 \or SiC.NED AND I'UI'.LISHEdI 
 
 [or SiC.NED AND I'UI'.LISHED] 
 
 in the presence of 
 I * Where the submission was under sea/, the aivard must 
 also l>e.] 
 
 AFFIDAVIT OF EXECUTION OF AWARD. 
 
 In the matter of the arbitration between A. 13 and 
 CD. 
 
 I of the of in the County of , , 
 
 make oath and say : 
 
 (i) That I did on the day of , i8 — , see 
 
 [arbitrator] sign and publish [or sign, seal, and [)ublish, 
 
 (IS the case may />e] the award in writing hereto annexed. 
 
 (2) [Where the time for making the aivard was enlan^ed 
 
 add\ : That the time for making the said award was on 
 
 ! :!,' 
 
 \ y ■*' 
 
iMj 
 
 94 
 
 AKl;i I RATION. 
 
 the day of , i8— , duly enlarged to the day 
 
 of , i8— , by the writing undei the hand of the said 
 
 [(iH>iinit()r\ endorsed on the said bond [<)r other 
 
 suhniission^ as the case may he\ 
 
 (3) 'I'hat the name \jianic of arl>itrator\ set and 
 
 subscribed to the said award as the ()arty cxccuiing ihi.' 
 same is of lhei)roper liandwriting of the said — — ; and that 
 
 tiie name set and sul)scril)ed tiiercon iis a witness 
 
 attesting the execution e f the said award is of the proper 
 handwriting of me this cK'ponenl. 
 
 (4) [That the said award was made and piibH^hcd on 
 
 the day of— , 18 — , and wiihiii the enlarged lime 
 
 for making and i)ublishing the same.J 
 
 Sworn before me, etc. 
 
 NOTICE OF AWARD. 
 
 To- 
 
 and , and to- and- 
 
 their solicitors. 
 
 (icntlemen, — I hereby give you notice that I have 
 made and published my award in writing respecting the 
 matters in difference between Mr. A. 15. and Mr. CD. 
 referred to me, and that it lies at my odfice \<)r as the case 
 may bc\ ready to be delivered. The charges amount 
 
 to$ . 
 
 The day of ,18—. 
 
 Yours truly, 
 
 X.Y., 
 
 Arbitrator. 
 
 
ARRANGEMENTS WITH 
 CREDITORS. 
 
 ASSIGNMENT FOR THE BENEFIT OV 
 CREDITORS. 
 
 Assii:^/Nfic;i/s atid Preferences Act.* 
 
 This Indenture made the day of , i8 — , in 
 
 [)ursuance of the Revised Statutes of Ontario (1887), 
 cha[)ter 124, being an Act respectinp; assignments and 
 
 preferences by insolvent persons, Between of the 
 
 of in theCo';ir} of , , hereinafter called 
 
 the debtor, of the first part ; of the of in 
 
 the County of- 
 
 -, hereinafter called the assignee, 
 
 of the second part; and the several firms, persons, and 
 cor[)orations who are creditors of the debtor, hereinafter 
 called the creditors, of the third part. 
 
 Whereas the debtor has heretofore carried on busi- 
 ness at the of in the County of as , and 
 
 being unable to pay his creditors in full has agreed to 
 convey and assign to the assignee all his estate, real and 
 personal, for the purpose of paying and satisfying the 
 claims of his creditors, ratably and proportionately, and 
 without preference or priority. 
 
 Now THIS indenture WITNESSETH that, in considcr- 
 tion of the premises and of the sum of one dollar, the 
 debtor doth hereby grant and assign to the assignee, his 
 
 ''' But, as to this form, see preface. 
 
 1 
 
 ^i ^^ 
 
 1 fin 
 
 1. 
 
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 11 
 
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 96 
 
 ARRANGKMKNTS WITH CRFniTORS. 
 
 heirs, executors, administrators, and assigns, all his per- 
 sonal property which may he seized and sold under 
 execution, and all his real estate, credits, and effects. 
 
 To have and to hold the same unto the assignee, his 
 heirs, executors, administrators, and assigns, respect- 
 ively, according to the tenure of the same. 
 
 Upon trust that the assignee, his heirs, executors, ad- 
 ministrators, and assigns, shall sell and convey the real 
 and personal estate and convert the same into money, 
 and collect and call in the debts, dues, and demands 
 of the debtor. 
 
 And it IS hereby declared that the assignee, his exe- 
 cutors, administrator's, and assigns, shall stand possessed 
 of the moneys derived from the sale of the real and per- 
 sonal estate, and of the moneys collected and called in, 
 and all other moneys which the assignee, his heirs, exe- 
 cutors, administrators, and assigns, shall receive for or 
 on account of the premises hereinbefore assigned. 
 
 Upon trust, in the first place, to pay the costs of and 
 incidental to the preparation and execution of these 
 presents ; secondly, to deduct and retain such remuner- 
 ation as shall be voted or fixed for him, the assignee, 
 under the provisions of the said Act ; and, thirdly, to 
 pay off the debts and liabilities of the debtor to the 
 creditors, respectively, ratably and proportionately, and 
 without preference or priority, and the surplus after pay- 
 ment of all claims, costs, charges, and expenses in full, 
 to hand over to the debtor. 
 
 The debtor appoints the assignee, his executors, ad- 
 ministrators, and assigns, his lawful attorney irrevocable 
 in his name to do all matters and things, make, sign, seal, 
 
IS 
 
 )f and 
 these 
 iiuner- 
 ignee, 
 
 ly, to 
 o the 
 y, and 
 er pay- 
 in fuU, 
 
 )rs, ad- 
 /ocable 
 [n, seal, 
 
 ASSIC.NMKNT FOR I'.KNKiri' Oh' CREDITORS. 
 
 97 
 
 and execute all deeds, documents, and papers necessary 
 to more fully perfect in him the title to the lands, 
 premises, goods and chattels, debts, dues, and demands 
 hereby assigned or intended so to be, and to do all other 
 acts, matters, and things necessary to enable the assignee 
 to carry into effect the intents of these presents. 
 
 And the parties of the third part, being a majority 
 of '.he creditors, hereby assent to this assigtmient, and 
 direct that it be made to the said assignee in the stead 
 and place of the Sheriff of the County of . 
 
 In witness, etc. 
 
 Signed, sealed, etc. 
 
 ASSIGNMENT FOR THE BENEFIT OF 
 CREDITORS. 
 
 (Non-statutory or Common Law Form.) 
 
 Individual. 
 
 This Indenture made the day of , i8 — , 
 
 Between of ■, hereinafter called the debtor, of 
 
 -, hereinafter called the trustee, 
 
 -of- 
 
 the first part ; - 
 of the second part ; and the several persons, firms, and 
 corporations respectively, creditors of the debtor, here- 
 inafter called the creditors, of the third part. 
 Whereas the debtor has been [and still is] carrying 
 
 on business on his own account at as a , and in 
 
 the course of the said business has contracted debts to 
 a large amount which he is unable to pay in full, and has 
 in consequence agreed to assign all his estate, of what- 
 ever nature or kind soever, unto the trustee upon the 
 trusts, and to and for the intents and purposes herein- 
 after mentioned. 
 
 I 
 
 
 ;■ ^-- 
 

 ARRANf'.KMENTS WITH CREDITORS. 
 
 Now THIS INDENTURE WITNESSETH that ill Considera- 
 tion of the premises and of one dollar now paid by the 
 trustee to the debtor (the receipt whereof is hereby ac- 
 knowledged), the debtor, according to his estate and 
 interest therein, and as fully and effectually as he lawfully 
 can or may by these presents, doth hereby grant, bar- 
 gain, sell, assign, transfer, convey, and assure unto the 
 trustee, his heirs, executors, administrators, and assigns 
 forever, all and singular, the real estate, lands, tene- 
 ments, and hereditaments of the debtor whatsoever and 
 wheresoever of or to which he is now seized or entitled, 
 or of or to which he may have any estate, right, title, or 
 interest of any kind or description, with theappurtenances, 
 including the real estate mentioned in Schedule "A" 
 hereto annexed. Provided that leasehold estates shall 
 not vest until accepted by the trustee and notice in 
 writing given to the lessor or lessors. 
 
 And also all and singular the personal estate and 
 effects, policies of insurance, stock-in-trade, goods, chat- 
 tels, rights, and credits, fixtures, book debts, notes, 
 accounts, bocks of account, choses in action, and all 
 other personal estate and effects whatsoever and where- 
 soever, and whether upon the premises where the debtor's 
 business is carried on or elsewhere, and which the 
 debtor is possessed of or entitled to in any way whatso- 
 ever, including among other things the property 
 mentioned in Schedule " B " hereto annexed, save 
 and except such portions of the personal estate as are 
 exempt by law from seizure under execution. 
 
 To have and to hold the same unto the trustee, his 
 heirs, executors, administrators, and assigns respectively, 
 
 <Icmail 
 
 3 
 
 I i 
 
■■I 
 
 mmmm 
 
 ASSIGNMENT FOR liKNEFIT OF CKKDI r( »k8. 
 
 90 
 
 tee, 
 
 :tively, 
 
 according to the tenure of the same upon trust that the 
 trustee, his heirs, executors, administrators, and assigns, 
 shall sell and convey the real and personal estate and 
 convert the same into money, and collect and call in the 
 debts, dues, and demands of the debtor. 
 
 It is hereby declared that 'the trustee, his executors, 
 administrators, and assigns, shall stand possessed of the 
 moneys derived from the sale of the real i;nd personal 
 estate, and the money collected and called in, and all 
 other moneys which the trustee, his heirs, executors, 
 administrators, and assigns, shall receive for or on 
 account of the premises hereinbefore assigned, upon 
 trust, in the first place, to pay the costs of and incidental 
 to the preparation and execution of these presents ; 
 secondly, to deduct and retain the expenses and dis- 
 bursements incurred by the trustee in and about the 
 execution of the trusts hereof and the proper remunera- 
 tion of the trustee ; and, thirdly, to pay the debts and 
 liabilities of the debtor to the creditors, respectively, 
 ratably and proportionately, and without preference or 
 priority, but having regard to the privileged claim of any 
 creditor, and the balance which shall then remain over, 
 whether in money or otherwise, [in the discretion of the 
 trustee] to pay to the debtor. 
 
 The debtor hereby appoints the trustee, his executors, 
 administrators, and assigns, his lawful attorney and attor- 
 neys irrevocable, in his name to do all matters and 
 things, make, sign, seal, and execute all deeds, docu- 
 ments, and papers necessary to in'^re fully perfect in him 
 the title to the lands, goods, chattels, debts, dues, and 
 demands hereby assigned or intended so to be, and to 
 
 ^ 
 
 \ 1 
 
 I ill 
 
 ll 
 
 K^M 
 
 I i 
 
I'"T^ 
 
 lOO 
 
 ARRANGEMENTS WITH CREDITOKS. 
 
 ly 
 
 ■■■«;; 
 
 collect and receive all accounts, debts, and sums of 
 money due and owing to the debtor, and to execute such 
 deeds and conveyances, and to do all other acts, matters, 
 and things necessary to enable the trustee to carry into 
 effect the intent of these presents. And it is further 
 declared and agreed that if in the opinion of the trus- 
 tee it shall be in the interest of the creditors so to do 
 the trustee may sell the book debts or any part there- 
 of, either by public auction or private contract. 
 
 And the parties hereto of the third part, who execute 
 this indenture, hereby assent to this assignment, and 
 
 direct that it shall be made to the said instead of to 
 
 the Sheriff of the County of . 
 
 In witness, etc. 
 
 Signed, sealed, etc. 
 
 Afjidavit of bond fides. 
 
 Ontario, 
 County of- 
 To Wit: 
 
 I, , the trustee in thewith- 
 
 'in deed of assignment named, 
 make oath and say : 
 
 That the sale therein made is bona fide and for good 
 consideration ; namely, for the consideration and upon 
 the trusts and for the purposes in the said deed of 
 assignment set forth and contained, and not for the pur- 
 pose of holding or enabling me this deponent to hold the 
 
 goods mentioned therein against the creditors of 
 
 the debtor therein named. 
 
 Sworn before me, etc. 
 
■■■ 
 
 \' 
 
 ASSIGNMENT FOR HKNICriT OF CRKDITORS. 
 
 lOI 
 
 ASSIGNMENT FOR THE Bi:NEFrr OF 
 CREDITORS. 
 
 (Non-statutory or Com mo n Iauo Form.) 
 
 Partnership. 
 
 This Indenture made the day of , i8— , 
 
 Between of the— —of in the County of , 
 
 and of the same place, , hereinafter called the 
 
 debtors, of the first part ; of the of herein- 
 after called the trustee, of the second part ; and the 
 several persons, firms, and corporations respectively 
 creditors of the said debtors or either of them, herein- 
 after called the creditors, of the third jjart. 
 
 Whereas the debtors have been and are still carrvintj; 
 
 on business under the name of \: Co. at ^as 
 
 . And whereas the debtors in the course of their said 
 
 business have contracted debts to a large amount which 
 they are unable to pay in full, and have in consecjuence 
 agreed to assign all their and each of their estate of 
 whatever nature or kind soever unto the trustee upon 
 the trust and for the purpose of paying and satisfying the 
 claims of their and each of their creditors ratably and 
 pro[)ortionately and without preference or priority, and 
 so that their respective separate estates shall be first 
 ;\[)[>!ied in or towards ])ayment of their respective separ- 
 ate creditors and their joint estate first applied in or 
 towards payment of their joint creditors. 
 
 Now this indenture WITNESSETH that in considera- 
 tion of the premises and of one dollar now paid by the 
 trustee to them (the receipt whereof is hereby acknow- 
 ledged), they the debtors, according to their and each of 
 their estates and interests therein and as fully and 
 
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 102 
 
 ARRANGEMENTS WITH CREDITORS. 
 
 cflfectually as they lawfully can or may by these presents, 
 do and each of them doth hereby grant, bargain, sell, 
 assign, transfer, convey, and assure unto the trustee, his 
 heirs, executors, administrators, and assigns forever, all 
 and singular, the real estate, lands, tenements, and here- 
 ditaments of the debtors and each of them whatsoever 
 and wheresoever of or to which they or either of them is 
 now seized or entitled, or of or to which they or either of 
 them may have any estate, right, title, or interest of any 
 kind or description, with the appurtenances, including the 
 real estate mentioned in Schedule "A" hereto annexed. 
 Provided that leasehold estates shall not vest until 
 accepted by the trustee, and notice in writing given to 
 the lessor or lessors. And also all and singular the 
 personal estate and effects, policies of insurance, stock- 
 in-trade, goods, chattels, rights and credits, fixtures, 
 book debts, notes, accounts, books of account, choses in 
 action, and all other personal estate and effects whatso- 
 ever and wheresoever, and whether upon the premises 
 where the debtors' business is carried on or elsewhere, 
 and which the debtors or either of them are or is possessed 
 of or entitled to in any way whatsoever, 'ncluding among 
 other things the property mentioned in Schedule " B " 
 hereto annexed, save and except such portions of the 
 personal estate as are exempt by law from seizure under 
 execution. * 
 
 To have and to hold the s.?me unto the trustee, his 
 heirs, executors, administrators, and assigns respectively, 
 according to the tenure of the same upon trust that the 
 trustee, his heirs, executors, administrators, and assigns, 
 shall sell and convey the real and personal estates of the 
 
 assigl 
 
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 payn 
 
 proce 
 
 towai 
 
 the 
 
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 ::^: I 
 
ASSlONNiKNT FOR HKNKl Tl OV CKKDITORS. 
 
 103 
 
 his 
 
 the 
 
 I the 
 
 debtors and each of them and convert the same into 
 money, and collect and call in the debts, dues, and de- 
 mands of the debtors and each of them. 
 
 And it is hereby declared that the trustee, his 
 executors, administrators, and assigns, shall stand pos- 
 sessed of the moneys derived from the sale of the real 
 and personal estates and the moneys collected and 
 called in, and all other moneys which the trustee, his 
 heirs, executors, administrators, and assigns, shall receive 
 for or on account of the premises hereinbefore assigned, 
 upon trust, in the first place, to pay the costs of and 
 incidental to the preparation and execution of these 
 presents ; secondly, to deduct and retain the expenses 
 and disbursements incurred by the trustee in and about 
 the execution of the trusts hereof and the proper remu- 
 neration of the trustee, such costs, expenses, disburse- 
 ments, and remuneration to be distributed and borne by 
 the partnership and separate estates in just and equitable 
 proportions ; and, thirdly, to pay the debts and liabilities 
 of the debtors and each of them to the creditors respect- 
 ively, ratably and proportionately, and without prefer- 
 ence or priority, having regard to the rights of the 
 partnership and individual creditors respectively with 
 respect to the respective estates hereby conveyed, 
 assigned, and transferred, and so that the proceeds of the 
 respective separate estates be first applied in or towards 
 payment of the respective separate creditors, and the 
 proceeds of the partnership estates be first applied in or 
 towards payment of the partnership creditors, but having 
 regard also to the privileged claim of any creditor ; and 
 the balance which shall then remain over, either in 
 
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 104 
 
 AUKANtll'.MKN'IS WITH CRIIDFTOKS. 
 
 money or in thu state in which such balance shall then 
 be, in the discretion of the trustee to pay to the 
 debtors. ■ 
 
 The debtors and each of them a[)point and appoints 
 the trustee, his executors, administrators, and assigns, 
 their and his lawful attorney and attorneys irrevocable 
 in their and each of their names to do all matters and 
 things, make, sign, seal, and execute all deeds, docu- 
 ments, and papers necessary to more fully perfect in him 
 the title to the lands, goods, chattels, debts, dues, and 
 demands hereby assigned or intended so to be, and to 
 collect and receive all accounts, debts, and sums of 
 money due and owing to the debtors and each of 
 them, and to execute such deeds and conveyances, and 
 to do all other acts, matters, and things necessary to 
 enable the trustee to carry into effect the intent of these 
 presents. And it is further declared and agreed that if, 
 in the opinion of the trustee, it shall be in the interest of 
 the creditors so to do, the trustee may sell the book debts 
 or any part thereof either by public auction or private 
 contract. 
 
 And the parties hereto of the third part who execute 
 this indenture hereby assent to this assignment, and 
 
 direct that it shall be made to the said instead of 
 
 to the Sheriff of the County of . 
 
 In witness, etc. 
 
 Si(;nei), sealed, etc. 
 
 \^For affidavit of bona fidcs^ see p. ioo.\ 
 
 f \ 
 
ASSIGNMENT FOR BLNFCITT OF CREDITORS. 
 
 »05 
 
 ASSIGNMENT FOR TITIC llENKFIT OK 
 
 CRi:i)rroRS. 
 
 Individiiiih or partnership, 
 
 (Sliort Koiin.) 
 
 This Indenture made the day of—, 18 — , 
 
 Between ot and of [carrying on busi- 
 ness under the name, style, and firm of—- — ], hereinafter 
 called the debtors, of the first part ; of— —here- 
 inafter called the trustee, of the second part ; and 
 the several persons, firms, and corporations who are 
 creditors of the debtors, hereinafter called the creditors, 
 of the third part. 
 
 Whereas the debtors have heretofore carried on busi- 
 ness at as- — -, and being unable to pay their creditors 
 
 in full have agreed to assign to the trustee for the benefit 
 of their creditors as hereinafter set forth. 
 
 Now this indenture WITNESSETH that in pursuance 
 of the premises the debtors hereby grant, assign, and 
 transfer to the trustee, his heirs, executors, administra- 
 tors, and assigns, all and singular, all their personal 
 property which may be seized and sold under execution, 
 particularly the personal estate and effects, stock-in- 
 trade, goods, chattels, wares, merchandise, fixtures, and 
 other effects, now being in, upon, and about the shop 
 
 and premises of the debtors situate on street, in the 
 
 said of more particularly described in Schedule 
 
 " A" hereto, and also all book debts, notes, drafts, 
 accounts, choses in action, rights and credits and books 
 of account, and all other real and personal estate and 
 effects, whatsoever and wheresoever situate, which the 
 
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 AKRANGKMKNTS WITH CRIilHTOUS. , 
 
 debtors are possessed of or entitled to in any way what- 
 soever, particularly the estate, right, title, and interest of 
 the debtors in the lands and premises described in 
 Schedule *' B" hereto annexed. 
 
 To have and to hold the same unto the trustee, his 
 heirs, executors, administrators, and assigns, upon trust, 
 to sell, collect, call in, and realize the same, and after 
 paying and deducting [7v/iere the assiii^ntnent is by a firm 
 add., in just proportions from the partnership and separ- 
 ate estates of the debtors] all proper costs, charges, and 
 commission to pay and divide the balance of the pro- 
 ceeds thereof among the creditors, ratably and propor- 
 tionately \iivhere the assignmetit is by a firm add, the residue 
 of the partnership estate and any surplus of the separate 
 estates among the creditors of the partnership, and the 
 residue of the respective separate estates and any sur- 
 plus of the partnership estate among the separate credit- 
 ors respectively]. 
 
 In witness, etc. , 
 
 Signed, sealed, etc. 
 
 COMPOSITION DEED. 
 
 ( Common Form, ) 
 This Indenture made the ^day of- 
 
 i8- 
 
 Between- 
 
 -of the of in the County of- 
 
 , hereinafter called the debtor, of the first part ; 
 
 of , hereinafter called the surety, of the second 
 
 part ; and all and every the creditors of the debtor, here- 
 inafter called the creditors, of the third part. 
 
 Whereas the debtor is unable to pay his liabilities in 
 
 the I 
 pars 
 out! 
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 meni 
 dot? 
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 rOM POSITION I)KKI». 
 
 107 
 
 ere- 
 
 s in 
 
 full, and his creditors have aj^reed with him for a com- 
 position and discharge u[)on the terms and conditions 
 hereinafter mentioned. 
 
 Now THIS iNDKNTUKK WITNESSETH that in considera- 
 tion of his indel)tedncss and of the discharge hereby 
 given, the del)tor covenants and agrees \\"th all his 
 creditors collectively and severally that he "ill pay to 
 them and each of them respectively a composition of 
 
 cents in the dollar of their respective claims against 
 
 him in manner and at the times following, that is to 
 
 say : cents in the dollar in month from the 
 
 day of- , 18 — ; cents in the dollar in 
 
 months from the said date, and 
 
 -. And that he will 
 give to each of the creditors his promissory notes for 
 such composition payments bearing date on the said 
 
 day of •, 18 — , and payable according to the 
 
 times of said respective composition payments. 
 
 And the debtor further covenants and agrees to pay 
 the charges and expenses of and incidental to the pre- 
 paration and execution of this deed, and of carrying 
 out and completing the composition and discharge 
 hereby effected. 
 
 And in consideration of the said composition pay- 
 ments so to be made, the creditors do and each of them 
 doth hereby release and discharge unto the debtor all 
 their respective claims against him. 
 
 Provided always that nothing herein contained shall 
 operate any change in the liabilities of any person 
 secondarily liable to the creditors, or any of them, for 
 the debts of the debtor either as drawer or endorser of 
 negotiable paper, or as guarantor, surety, or otherwise, 
 
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 \RK AN(;KMKNTS with rKKDITOR*;, 
 
 iiiiH: 
 
 nor of .'iny [mrtiior or «)tlicr |)crson liable jointly or sever- 
 ally with the debtor to the creditors, or any of them, for 
 any of the said debts ; nor shall it affect any mortgage, 
 hypothec, or lien on the estate or property of the debtor 
 or on any [)ortion thereof, nor shall it affect any collateral 
 security held by any of the creditors as security for any 
 debt hereby discharged ; but nevertheless, if any such 
 security shall be enforceable against the debtor, or 
 against his estate or effects, then aiul in that case such 
 creditor (unless he shall consent to abandon his said 
 security) shall be entitled to receive payment of his 
 secured debts under these presents u{)on so much only 
 of his so secured debt or debts as may remain after 
 such security shall have been realized, or after credit 
 shall have been given for the tull value thereof, such 
 value to be ascertained by such creditor furnishing the 
 debtor a statutory declaration of his claim, with a valua- 
 tion of such security, like as in bankruptcy, and the 
 debtor may thereupon allow the said creditor to retain 
 such security at such valuation ; and in that event shall 
 release to the creditor all his right, title, and interest in 
 such security, or the debtor may elect to pay the amount 
 at which the said security is valued, and thereupon and 
 upon payment of such sum within one month after such 
 statutory declaration shall have been furnished as afore- 
 said, such creditor shall release and reconvey to the 
 debtor the securities held by him, but in default the 
 debtor shall be bound on demand to release to such 
 creditor all right, title, interest, and equity of redemption 
 in such security. 
 
 And the creditors do hereby direct and authorize the 
 
 oft 
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 tions 
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rOMf'OSlTtON DKKtV 
 
 too 
 
 the 
 ihc 
 ich 
 ion 
 
 the 
 
 trustee of the estate of the debtor, or any person to 
 whom the debtors estate may at any time hereafter, 
 pcnch'ng the completion of this arrangement for compo- 
 sition and discharge, be assigned in trust, to dehver up 
 and convey to the debtor all his estate and effects upon 
 this deed of composition and discharge being executed 
 by the creditors, and ui)on the debtor depositing with 
 him the composition notes for the creditors as aforesaid, 
 and paying the said expenses and privileged claims. 
 
 In vvitnkss, etc. 
 
 SicNRi), SKALED, / i> DKLiVEKKi) by each party 
 hereto, in the presence A the witness whose name is set 
 opposite to the signature of each i)arly resi)ectivcly. 
 
 i8- 
 
 COMPOSITION DEED. 
 
 (Another Form.) 
 
 This Indenture made the day of . 
 
 Between of the of in the County of , 
 
 , hereinafter called the debtor, of the first part ; 
 
 of the of , , hereinafter called the surety, 
 
 of the second part ; of the of , , herein- 
 after called the trustee, of the third part ; and all and 
 every the creditors of the debtor, hereinafter called the 
 creditors, of the fourth part. 
 
 Whereas the debtor is unable to pay his liabilities 
 in full, and his creditors have agreed with him for a 
 composition and discharge upon the terms and condi- 
 tions hereinafter mentioned. 
 
 And whereas the surety has agreed to join in these 
 presents in the manner hereinafter appearing. 
 
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 ARKANGIiMJiNTS WITH CREDITORS. 
 
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 Now THIS INDENTURE WITNESSETH that in Considera- 
 tion of the premises and of the discharge hereby given, 
 the debtor and surety jointly and severally covenant and 
 agree with the trustee that they or one of them will pay 
 to the trustee in trust for the creditors respectively a 
 
 composition of cents in the dollar of their respective 
 
 claims against the debtor (mentioned in the schedule 
 hereto annexed) in manner and at the times following, 
 
 that is to say : cents in the dollar in months 
 
 from the day of 18 — , and cents in the dollar 
 
 in months from the said date [or as may be agreed], 
 
 and that the debtor will forthwith give to each of the 
 creditors his promissory notes for such composition pay- 
 ments bearing date on the said day of 18 — , and 
 
 payable according to the times of said respective compo- 
 sition payments, and such notes shall be endorsed by the 
 surety and shall be made payable at the respective places 
 of business of the creditors, and the surety hereby 
 covenants that he will forthwith endorse the said notes 
 above mentioned, which notes shall be given and received 
 as collateral to the said indebtedness. 
 
 And the debtor and surety jointly and severally 
 further covenant and agree to pay the privileged claims 
 against the debtor's estate in full, also the charges and 
 expenses of and incidental to the preparation and execu- 
 tion of this deed and of carrying out and completing the 
 composition and discharge hereby effected. 
 
 And in consideration of the said composition pay- 
 ments so to be made the creditors do and each of th3m 
 doth hereby release and discharge unto the debtor all the 
 remainder of their respective claims against him. 
 
 Pi 
 
 said 
 any 
 
 payr 
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^■s*^-.-^ 
 
 COMPOSITION DtED. 
 
 11 I 
 
 Provided always that nothing herein contained shall 
 operate any change in the liability of any person 
 secondarily liable to the creditors or any of them for 
 the debts of the debtor, nor of any other person 
 liable jointly or severally with the debtor to the creditors 
 or any of them for any of said debts ; nor shall it affect 
 any mortgage, lien, or security on the estate or property 
 of the debtor or on any portion thereof, except as herein- 
 after provided ; nor shall it affect any collateral or other 
 security held by any of the creditors against persons 
 other than the debtor, as security for any debt hereby 
 discharged ; but nevertheless if any such security shall 
 be held or enforceable against the estate or effects of the 
 debtor, or on the ertate of a third party for whom such 
 debtor is only secondarily liable, then and in that case 
 s"ch creditor (unless he shall consent to abandon his 
 said security) shall be entitled to receive payment of his 
 secured debts under these presents upon so much only 
 of his so secured debt or debts as may remain after such 
 security shall have been realized, or valued, or dealt with 
 pursuant to the statutes in that behalf, or as the law may 
 direct. 
 
 Provided that the giving of time to the debtor or any 
 arrangement made with the debtor at any time without 
 the consent of the surety shall not be held to discharge 
 or release the surety from any liability incurred hereby. 
 
 Provided that if default be made in payment of the 
 said notes or any part thereof, or in the performance of 
 any of the covenants herein contained, or if before the 
 payment in full of the said notes any of the real or 
 personal estate and property, credits and effects, of the 
 
 
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 112 
 
 ARKANGEMEN'iS WITH CREDITORS. 
 
 p; 
 
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 debtor be seized or taken under any writ or process, or 
 i- the debtor make any assignment for the benefit of 
 creditors, then the original claims of the creditors shall 
 at once revive and become payable against the debtor 
 with interest, credit being given for any sums paid on 
 account. 
 
 [Here insert suck clauses from " Extension Deed^^ 
 p. 12 j^ as may be required.^ 
 
 And the creditors do hereby direct and authorize the 
 trustee to deliver up and convey to the debtor all his 
 estate and effects upon this deed of composition and 
 discharge being executed by the creditors, and upon the 
 debtor depositing with him the compositio.i notes for the 
 creditors as aforesaid and paying the said expenses and 
 privileged claims in full. 
 
 This deed shall take effect and become operative only 
 when executed by all the creditors whose claims respect- 
 ively are for dollars and upwards, but not before. 
 
 In witness, etc.. 
 
 Signed, SEALED, etc. . ' 
 
 COMPOSITION AGREEMENT. 
 
 (Short Form.) 
 
 Agreement made the day of 18 — , Between 
 
 of [trading under the firm name of ], herein- 
 after called the debtor, of the first part ; of and 
 
 of , hereinafter called the sureties, of the second 
 
 part ; and the several persons, firms, and corporations 
 who are creditors of the debtor, hereinafter called the 
 creditors, of the third part. 
 
 nil 
 
 JiKTVVK 
 
 several 
 
4 m 
 
 EXTENSION DEED. 
 
 "3 
 
 EEN 
 
 ein- 
 and 
 :ond 
 
 Whereas the debtor has become involved and unable 
 to pay his liabilities in full, and a settlement has been 
 agreed upon with his creditors on the terms hereof. 
 
 Now these presents witness that the agreement 
 between the parties in the premises is as follows : the 
 debtor shall pay and the creditors shall accept in full 
 settlement and discharge of their respective claims a 
 
 composition of cents on the dollar thereof, payable 
 
 in equal instalments at months respectively from 
 
 the date hereof [without interest], the debtor's notes 
 therefor to be endorsed by the sureties, and handed to 
 the creditors respectively, the sureties to pay said notes 
 in case of default by the debtor. 
 
 This agreement not to be binding unless and until 
 
 executed by all creditors having claims of dollars, or 
 
 over whose names are set out in Schedule " A " hereto 
 aimexed. 
 
 All of which the said parties each for himself and 
 themselves, his and their executors and administrators, 
 covenants and agrees to and with the other and others 
 of them, his and their executors, administrators and 
 assigns, faithfully to abide by, perform, and keep. 
 
 In witness, etc. 
 
 Signed, sealed, etc. 
 
 EXTENSION DEED. 
 
 i8— 
 
 This Indenture made the — -day of — 
 
 Dktween of the of in the Comity of 
 
 , hereinafter called the debtor, of the first part ; the 
 
 several persons, fjrms, and corporations who are creditors 
 
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 114 
 
 ARRANGEMIiNTS WITH CREDITORS. 
 
 
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 of the debtor, hereinafter called the creditors, of the 
 second part ; and of , hereinafter called the trus- 
 tee, of the third part. 
 
 Whereas the debtor has heretofore carried on busi- 
 ness at the of , and has become indebted to 
 
 divers creditors, whose names and particulars of whose 
 claims are set forth in the schedule hereto annexed. 
 
 And whereas the debtor has requested the creditors 
 to extend the time for the payment of the said indebted- 
 ness, which they have agreed to do in consideration of 
 these presents. 
 
 Now this indenture WITNESSETH that it is agreed 
 between the parties hereto that the times for payment of 
 the sums due by the debtor to his creditors shall be 
 extended, and that the same shall become due and be 
 
 paid in equal [monthly] instalments, with interest at 
 
 per centum per annum, in lieu of the terms of pay- 
 ment heretofore existing, the first of such [monthly] 
 
 payments to be made on the day of , 18 — ; and 
 
 in consideration of such extension of time the debtor 
 covenants with the creditors respectively that he will pay 
 to the creditors respectively the said payments as and 
 when they become due ; and also the charges and ex- 
 penses of and incidental to the preparation and execu- 
 tion of these presents, and of carrying out and complet- 
 ing the extension and discharge hereby effected or to be 
 effected. 
 
 Provided that the debtor will forthwith give his prom- 
 issory notes for such extended payments, dated as afore- 
 said, v'hich notes shall be made payable at the respective 
 places of business of the creditors, and the said notes 
 
EXTENSION DEED. 
 
 115 
 
 1] 
 
 shall be given and received l)y the creditors as collateral 
 security to the said indebtedness. 
 
 Debtor to insure stock-in-trade. 
 
 And that the debtor will insure, and keep insured 
 until the creditors have been fully paid, his stock-in-trade 
 
 in the sum of dollars at least, and will assign and 
 
 transfer to the trustee all such policies of insurance and 
 all moneys payable thereunder, as collateral security for 
 the payment of the said indebtedness to the creditors 
 respectively. 
 
 Debtor to keep accounts. 
 
 And that the debtor will from the date hereof keep 
 books of account in which he shall enter daily as they 
 occur the different transactions of his business, and that 
 the trustee who is hereby appointed the agent of the 
 several parties hereto may at all times inspect such books 
 and investigate generally the affairs of the debtor. 
 
 Poiver of trustee to take possession. 
 
 And that upon default being made in the payment of 
 any of the extended amounts, or upon judgment being 
 obtained against the debtor, or in the event of his dis- 
 posing of his stock or other assets other than in the 
 ordinary course of business by retail, or in the event of 
 the stock or premises of the debtor being injured or 
 destroyed by fire, or in the event of his business being 
 in any way neglected or depreciated, then the balance 
 of the claims of the creditors shall at once become due 
 and payable, and the trustee may enter into possession of 
 the assets of the debtor for and on behalf of the creditors, 
 who hereby nominate, constitute, and appoint the trustee 
 
 
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 ARKANOEMKNTS VVriH CREDITOKS. 
 
 = ! 
 
 WIIIH 
 
 their attorney irrevocable for the purpose of executing 
 in their name a legal assignment to himself of all the 
 assets of the debtor in trust for the benefit of the 
 creditors. 
 
 And the debtor hereby appoints the trustee his true 
 and lawful attorney, for him and in his name, to execute 
 such assignments and do such other acts as may be 
 necessary to vest the estate and effects in the trustee for 
 the purposes aforesaid. 
 
 Securities held by creditors. 
 
 Provided that nothing herein contained shall prejudice 
 or affect any security held by any creditor or any rights 
 and remedies which any creditor may have against any 
 person or persons other than the debtor for or in respect 
 of his debt or any part thereof, or release or discharge 
 any person or persons liable to the creditors or any of 
 them as surety, guarantor, or otherwise. 
 
 Debtor ?iot to part with property. 
 
 And the debtor further covenants with the creditors 
 respectively that until the due payment of his said in- 
 debtedness to them he shall not nor will convey, part with, 
 or encumber his real or personal estate, or any part thereof, 
 whether now the property of the debtor or hereafter 
 acquired, except in the ordinary and usual course of 
 business, or assign or pledge any debts, or sums of 
 money which are now or hereafter may be due or owing 
 
 to him. 
 
 Debtor to assii^n to trustee. 
 
 And that he shall and will, in case of default in i)ay- 
 nent of the said sums or any part thereof hereby cove 
 
 "lents h( 
 
'■'% 
 
 KXTKNSION nKFt). 
 
 117 
 
 nantcd to be paid, forthwith assign and transfer all his 
 said estate and effects, both real and personal, of which 
 he shall then be seized, possessed, or entitled, and all 
 moneys then due or owing to him, to the trustee in trust 
 for the creditors to collect and realize the same, and 
 divide the proceeds thereof ratably and proportionately 
 hetween the creditors. And the dc!)tor declares the 
 within statement represents correctly and truly the con- 
 dition of his affairs. 
 
 Trustee may pay creditors not assenting. 
 
 And the trustee may, in his discretion, pay in full or 
 make any compromise or arrangement whif'- he shall 
 think proper with any creditor, whether secured or not, 
 who shall refuse to execute this indenture, for the pay- 
 ment of the claim of such creditor, and may pay the 
 costs of any such creditor who may institute any pro- 
 ceedings against the debtor to recover the amount of his 
 claim. 
 
 After default^ deed to be voidable at any creditor's 
 
 election. 
 
 Provided and it is hereby agreed that if any of the 
 said notes shall not be paid at the time when they re- 
 spectively become due, or if there shall be default made 
 in the performance of any covenant on the part of the 
 debtor herein contained, then in such case any creditor 
 in respect of whom such default shall have been made 
 may elect that these presents shall, subject to the agree- 
 ments hereinafter contained, be void, but without preju- 
 dice to anything theretofore done in pursuance hereof. 
 
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 AUKANf;KMKNTS WITM CRKIHTORS. 
 
 Deeti to hecome ahsolitfc upon conditions. 
 
 This deed shall take effect and become operative only 
 when it has been executed by all creditors having claims 
 
 for dollars and ui)\vards, within days from this 
 
 date. 
 
 It is intended that this deed of extension shall be 
 executed by all the creditors of the debtor, and that it 
 shall be held by the trustee as an escrow until so 
 executed, but the trustee may nevertheless waive execu- 
 tion by not more than of such creditors if he thinks 
 
 it in the interest of the creditors to do so. 
 
 In witness, etc. , . 
 
 Signed, sealed, etc. 
 
 RECEIPT FOR COMPOSITION OF DEBT. 
 
 I acknowledi^e to have received from the sum of 
 
 dollars, being a composition of per cent, upon a 
 
 debt of dollars owing by the said to me, and 
 
 which composition I accept in full satisfaction and dis- 
 charge of my said debt. 
 
 Witness : 
 
 ■) 
 
 RECONVEYANCE 
 
 By trustee to debtor. 
 
 This Indenture made the day of- 
 
 -, i8- 
 
 Between of hereinafter called the trustee, of the 
 
 -of hereinafter called the debtor, of 
 
 one part, and— 
 the other part. 
 
WT T T 
 
 RECONVEYANCE BY TRUSTEE. 
 
 IIO 
 
 »> '< 
 
 Whereas by deed of assignment dated the day of 
 
 , i8 — , made between the debtor, of the first part, 
 
 the trustee, of the second part, and the creditors of the 
 debtor, of the third part, the debtor granted and con- 
 veyed to the trustee, as trustee for the creditors, all his 
 estate and effects, real and personal, of every nature and 
 kind upon the said trusts in the said deed mentioned, 
 said real estate including among other lands . 
 
 And whereas by an agreement dated the day of 
 
 , 1 8 — , and made between the debtor, of the first 
 
 part, of , therein called the surety, of the second 
 
 part, and the creditors, of the third part, the creditors 
 authorized the sale and transfer of the said estate and 
 effects so assigned as aforesaid to the debtor in consider- 
 ation of the payment by him of cents on the dollar 
 
 of the respective claims of the creditors. 
 
 And whereas the debtor has deposited with the 
 trustee notes for such composition payments endorsed 
 by the surety, or has otherwise satisfied the trustee of his 
 having settled with the creditors in accordance with the 
 terms of said agreement, or otherwise to the satisfaction 
 of the creditors, and has requested the trustee to transfer 
 and assign to him, the debtor, the said estate and 
 effects. 
 
 Now THESE PRESENTS WITNESS that in Consideration 
 of the premises and of the sum of one dollar now paid 
 by the debtor (the receipt whereof is hereby acknow- 
 ledged), the trustee, according to his estate and interest 
 therein, doth hereby grant, bargain, sell, assign, transfer, 
 and set over unto the debtor, his heirs, executors, admin- 
 istrators, and assigns forever, all and singular, the stock- 
 
 m 
 
I 
 
 v*" 
 
 ft 
 
 i 
 
 I 
 
 W„i' 
 
 1 
 
 
 I 20 
 
 arkanc;1':m1';nt.s with ckeditoks. 
 
 in-trade, goods, chattels, and shop furniture, book delits, 
 accounts, bills, bonds, notes, choses in action, rights, 
 credits^ and other assets whatsoever, and also the real 
 estate," lands, tenements, and hereditaments granted bar- 
 gained, sold, assigned, transferred, and set over to the 
 trustee by the said deed of assignment, including among 
 other lands . 
 
 To have and to hold the said estate and effects, 
 real and personal, hereby assigned, or intended so to be, 
 with their appurtenances, unto and to the use of the 
 debtor, his heirs, executors, administrators, and assigns 
 forever. 
 
 Provided, however, notwithstanding anything herein 
 contained, the trustee shall not be taken by these pres- 
 ents or by any other act, deed, matter, or thmg, to give 
 or make any assurance, warranty, or covenant, either for 
 title or the condition of said property, real or personal, 
 or any part thereof, or for or in respect of any other 
 matter or thing connected therewith, it being declared 
 and agreed to be the true meaning and intent of these 
 presents to grant, reassign, and transfer to the debtor the 
 rights in respect of the said property, real and personal, 
 conferred upon and assigned to the trustee by the said 
 
 deed of assignment of the day of , 18 — , subject 
 
 to such changes with reference thereto as have taken 
 place since the making of said deed of assignment, 
 either by the sale or disposal of any of said property or 
 otherwise, however so as that the trustee shall be abso- 
 lutely freed and discharged from liability and obligation 
 in respect of the said property and every part thereof, 
 and of and from all and every obligation or liability in 
 
 respei 
 ment 
 
 wise I 
 trusts 
 assif,'n; 
 
 Lv 
 
 .SI(;^ 
 
 Know 
 •— of- 
 
 creditors 
 ^ certai 
 
 ^8-, in 
 
 '■ecei|)t 
 
 'I'ld ass ig 
 
 accepting 
 
 trustee 
 
 S''liedule 
 
 "Hhesai 
 
 are set 
 
 ^^"arranty, 
 
 f^i'id, not 
 
 As WITJ 
 
 and of the 
 Signed, 
 
RKrONVKVANf'K l!V I lUISIKK 
 
 I 21 
 
 respect of the trusts created l)y the said deed of assign- 
 ment and these presents, or otherwise pertaining in any- 
 wise to the said property, estate, and effects, or to the 
 trusts created or intended so to be hy the said deed of 
 assignment. 
 
 In witness, etc. 
 
 .SiCNKI), SKALKI), CtC. 
 
 t J 
 
 ASSIGNMENT OF BOOK DEHIS 
 ]^y trustee for creditors. 
 
 Know all men by these presents that I of the 
 
 - — of in the County of , the trustee for the 
 
 creditors of the estate and effects of \debtor\ under 
 
 a certain deed of assignment, dated the day of • 
 
 1 8 — , in consideration of the sum of dollars, the 
 
 receii)t whereof is hereby acknowledged, do hereby sell 
 
 and assign to of the of in the County of -, 
 
 accepting thereof all my right, title, and interest as such 
 trustee to the claims and demands set out in the 
 schedule hereto annexed, marked with the letter "A," 
 
 of the said \dehtor\ against the parties whose names 
 
 are set out in the said schedule, but without any 
 warranty, representation, or assurance whatsoever of any 
 kind, not even that the debts are due. 
 
 As WITNESS the hand and seal of me the said trustee 
 and of the said \del>tor'\ this day of 18 — . 
 
 SlONED, SEALED, etC. 
 
 < ■ 
 
 y.\\ 
 
i M 
 
 i'j' 
 
 ASSIGNMENTS. 
 
 -of- 
 
 ASSKiNMKNT. 
 (General Form.) 
 
 Know aij, men by these presents that I- 
 
 within named, in consideration of dollars to me paid 
 
 by of (the receipt whereof I hereby acknow- 
 ledge), do hereby sell, assign, and transfer to the said 
 
 and his assigns all my interest in the within written 
 
 instrument, and every covenant, article, or thing therein 
 
 contained, to have and to hold the same to the said , 
 
 with power to take all lawful measures which I might 
 myself have taken for the full recovery and enjoyment 
 of all rights and provisions mentioned in said instrument. 
 
 In witnf:ss whereof I have hereunto set my hand 
 and seal this day of , i8 — . 
 
 Signed, sealed, and delivered 
 in the presence of 
 
 f 
 
 ASSIGNMENT OF ARTICLES OF CLERKSHIP. 
 
 (Form approved by Law Society of Upper Canada.) 
 
 This Indenture made the day of , i8— , 
 
 Between A.B., of the of in ti e County of , 
 
 one of the solicitors of the Suprenic" Court of Judicature 
 for Ontario, of the first part; CD., of the same place, 
 
 student-at-law, of the second part; and E.F,, of the of 
 
 in County of one of the solicitors of the said 
 
 Court, of the third part. 
 
 Whereas by articles of clerkship bearing date the 
 day of— — , A.I). i8 — , made between the said 
 
 %JJ!!i^ 
 
late the 
 [he said 
 
 ASSIONMKNT OF VRTICI.KS OF" CM'.RKSHIP. 
 
 123 
 
 (;. 1). aiul X.Y. [his father ot guardian, or as the case may 
 /'<■], and the said A.B., the said C.D., of his own free will 
 (lid put, place, and bind himself clerk to the said A.li. 
 to serve him from the day of the date diereof for, during, 
 
 and until the full end and term of years from thence 
 
 next ensuing, and fully to be comi)leled and ended, sub- 
 ject to the several covenants therein contained. 
 
 And whereas the said CD. hath served the said A.B. 
 as his clerk from the day of the date of the said articles 
 of clerkship to the day of the date of these presents. 
 
 And whereas it has been agreed that the said A.B. 
 shall assign to the said \LV. all benefit and advantage of 
 him the said CD. under or by virtue of the said recited 
 articles of clerkship for all the residue now to come and 
 
 unexpired of the said term of years; and it has been 
 
 further agreed that the said CD. shall |)ut, 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 WITNESSETH that in pursuance 
 of the said agreement he the said A.B., at the recjuest 
 iiid with the consent of the said C D., testified by his 
 being a party to these presents, hath assigned, transferred, 
 and set over, and by these presents doth assign, transfer, 
 and set over unto the said E.F, all benefit and advan- 
 tage, interest, claim, and demand whatsoever of him the 
 said A.B, under the hereinbefore in part recited articles 
 of clerkship, and the service of him the said CD. under 
 or by virtue of the same to have and to hold all right 
 and interest whatsoever of the said A. B. in and to the ser- 
 vice of the said CD. under or by virtue of the same unto 
 the said E.F., his executors, administrators, and assigns. 
 
 ' . . 
 
 i' b 
 
 •■. 
 
^eem 
 
 til 
 
 IH 
 
 assignmp:nts. 
 
 
 And this indknturk further witnesseth that the 
 said C.I), of his own free will testified as aforesaid halh 
 put, [)laced, and l)ouiid himself, and by these presents 
 doih put, place, and bind himself clerk to the said E.i"'., 
 to serve him from the day of the date of these presents 
 
 for and during the remainder of the said term of 
 
 years, and fully to be completed and ended, and for such 
 further period, if any, as may be necessary to com- 
 [)lete the full term of years under articles in accord- 
 ance with the statutes in that behalf. 
 
 And the said CD. doth hereby covenant with the said 
 E. F., his executors, administrators, and assigns, that the 
 said C.l). shall and will well, faithfully, and diligently 
 serve the said E.F. as his clerk in the practice and 
 profession of a solicitor of the Supreme Court of Judi- 
 cature for Ontario from the dale hereof during the 
 
 remainder of the hereinbefore recited term of years 
 
 according to the terms and conditions of the said herein- 
 before mentioned articles of clerkship as therein set forth. 
 
 In consideration whereof, and of paid by the 
 
 said A.l?. (the receipt whereof the said E.F. doth hereby 
 acknowledge), the said E.F. for himself, his heirs, 
 executors, and administrators, doth hereby covenant 
 with the said A.B. that he the said E.F. will accept and 
 take the said CD. as his clerk, and also that he the said 
 E '\ will observe and be bound by the terms and con- 
 ditions of the said articles of clerkship in so far as the 
 same were binding on the said A,B. 
 
 In witness whereof the parties hereto have hereunto 
 set their hands and seals. 
 
 Signed, sealed, etc. 
 
mf^ 
 
 ASSIGNMENT. OP" ROND. 
 
 125 
 
 -Of- 
 
 m 
 
 ASSIGNMENT OF BOND. 
 By endorsement. 
 
 Know all men by these presents that I - 
 
 consideration of the sum of dollars to rne in hand 
 
 paid by (the receipt whereof I do hereby acknow- 
 ledge) do hereby assign, transfer, and set over unto 
 
 of — — , his executors, administrators, and assigns, the 
 within bond and all moneys thereby secured, and all 
 benefit and advantage to be derived therefrom, and all 
 my right, title, interest, property, claim, and demand in 
 and to the same, to have and to hold the same unto the 
 said , his executors, administrators, and assigns ab- 
 solutely. 
 
 In witness, etc. 
 
 Signed, sealed, etc. 
 
 ASSIGNMENT OF BOND. 
 
 Ulth covenants by assiiH^nor. 
 This Indenture made the day of- 
 
 18- 
 
 Hetween of , hereinafter called the assignor, of 
 
 the Oiie part, and of 
 
 -, hereinafter called the 
 assignee, of the other part. 
 
 Whereas by a certain bond dated the day of 
 
 , 18 — , one bound himself unto the assignor in 
 
 the penal sum of dollars ; and whereas the assignor 
 
 has agreed to assign to the assignee the said bond and 
 the moneys secured thereby. 
 
 Now this indenture WITNESSETH that in considera- 
 tion of the sum of dollars now paid by the assignee 
 
 m 
 
 
 M 
 
 iU 
 
 1 \u 
 

 126 
 
 ASSIGNMENTS. 
 
 to the assignor (the receipt whereof is hereby acknow- 
 ledged) the assignor doth hereby assign unto the assignee, 
 his executors, administrators, and assigns, the principal 
 
 sum of dollars secured by the said bond, and all 
 
 interest henceforth to become due for the same, and also 
 the said bond and the full benefit and advantage thereof, 
 to hold the same unto the assignee, his executors, 
 administrators, and assigns absolutely. 
 
 And the assignor doth hereby for himself, his heirs, 
 executors, and administrators, covenant with the assignee, 
 his executors, administrators, and assigns, that the said 
 
 principal sum of dollars is now owmg on the said 
 
 bond, together with the sum of dollars for arrears of 
 
 interest thereon. 
 
 And the assignor further covenants that he hath good 
 right to assign the said bond debt, and that he, the 
 assignor, and all persons claiming under him, will 
 execute such further assurances of the said bond debt 
 unto the assignee, his executors, administrators, and 
 assigns, as may be required. 
 
 In witness, etc. 
 
 Signed, sealed, etc. 
 
 VI 
 
 ! , 
 
 . ! '; 
 
 i. 
 
 if 
 
 ASSIGNMENT OF COPYRIGHT. 
 
 This Indenture made the day of- 
 
 18- 
 
 in 
 
 pursuance of the Act respecting the Law and Transfer of 
 
 Property, Between of , hereinafter called the 
 
 assignor, of the one part, and— —of , hereinafter 
 
 called the assignee, of the other part. 
 
ASSIGNMENT OF COPYRIC.HT. 
 
 127 
 
 Whereas the assignor is the owner of and entitled to 
 
 the copyright of a book or work known as , and the 
 
 assignee has agreed to purchase the said copyright and 
 the interest of the assignor therein at the price or sum of 
 ^dollars. . 
 
 Now THIS INDENTURE WITNESSETH that in pursuance 
 of the said agreement and in consideration of the sum of 
 
 dollars now paid by the assignee to the assignor (the 
 
 receipt whereof is hereby acknowledged) the assignor 
 doth hereby assign, and as beneficial owner conveys to 
 the assignee the copyright of and sole privilege of 
 printing and publishing the said book or work known as 
 
 , together with all right, title, interest, property, 
 
 claim, and demand whatsoever of, in, and to the same, 
 and the good will of the same and all and every interest 
 in any and every contract connected therewith. 
 
 To have and to hold the said copyright and all the 
 profit, benefit, and advantage that shall or may arise by 
 and from printing, re-printing, publishing, and vending 
 the same unto the assignee, henceforth during the remain- 
 der of the unexpired term of the said copyright for his 
 sole and only use and benefit. 
 
 Provided, and it is hereby expressly agreed, that not 
 
 more than copies shall be printed or published of 
 
 any one edition of the said book or work, and that the 
 assignee shall and will pay to the assignor the further 
 sum of dollars upon and for the privilege of re- 
 printing each and every future edition of the said book 
 
 or work, each of which said payments shall be made 
 
 [before] the publication or sale of such edition, or any 
 part thereof, by the assignee or any other person or per- 
 sons in his behalf. 
 
f ?: 
 
 
 1 
 
 '1. 
 
 f 
 
 
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 ! 
 
 1 
 
 1. ' ' 
 
 1 ' tl 
 
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 S I ■• 
 
 
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 {\ 
 
 ^**L ■ * 1 f i i III 
 
 
 I2S 
 
 ASSIGNMENTS. 
 
 And the assignee doth herel)y covenant, promise, and 
 agree with and to the assignor that the assignee shall 
 and will pay, or cause to l)e paid, the said sum 01 — — 
 dollars upon the reprinting and before the publication or 
 sale of each and every future edition of the said book or 
 work, and that he will observe the above proviso. 
 
 And it is hereby declared and ngreed that the 
 expressions, " the assignor " and " the assignee," where- 
 ever used in this indenture, shall, where the context 
 
 allows, include and be binding not only on the said 
 
 and the parties hereto, but also on their respective 
 
 executors, administrators, and assigns. 
 
 In witness, etc. 
 
 Signed, SEALED, etc. 
 
 ASSIGNMENT OF CROWN LANDS. 
 
 Know am, men by these presents that T — 
 — of in the County of and Province of 
 
 of the 
 
 , for and in consideration of dollars of lawful 
 
 money of Canada to me in hand paid by of the 
 
 of in the County of and IVovince aforesaid, 
 
 , at or before the date hereof (the receipt whereof I 
 
 do hereby acknowledge), have bargained, sold, assigned, 
 transferred, and set over, and by these presents do bar- 
 gain, sell, assign, transfer, and set over unto the said 
 
 , his heirs and assigns, all my estate, right, title, 
 
 interest, claim, and demand whatsoever, both at law and 
 in equity, of, in, and to that certain parcel of land 
 situate, etc. 
 
 for th 
 N(J 
 tion o| 
 the asj 
 t'le asJ 
 debt, \ 
 "1 equ 
 ~— di 
 use an 
 And] 
 assignel 
 'ind aul 
 nslc, col 
 a-ssigiie, 
 nioiieyj 
 5 
 
ASSIGNMENT OK A DKHT. 
 
 129 
 
 To have and to hold the same with all and every the 
 benefit that may or can be derived from the said land 
 unto the said his heirs and assigns forever. 
 
 In witness, etc. 
 
 Signed, sealed, etc. 
 
 ASSK^NMENT OF A DEBT. 
 
 With poiver to sue in tiame of assignor. 
 
 This Indenture made the day of , 18 — , 
 
 Between 
 the one 
 
 -of- 
 
 -hereinafter called the assignor, of 
 part, and of hereinafter called the 
 
 assignee, of the other part. 
 
 Whereas of is indebted to the assignor in the 
 
 sum of dollars for and on account of, etc., and the 
 
 assignor has agreed to assign the said debt to the assignee 
 for the sum of dollars. 
 
 Now THIS indenture WITNESSETH that in considera- 
 tion of the sum of dollars now paid by the assignee to 
 
 the assignor (the receipt whereof is hereby acknowledged) 
 the assignor doth hereby assign to the assignee the said 
 debt, and all his right, title, and interest both at law and 
 in equity therein ; co have and to hold the said debt of 
 
 dollars unto the assignee as and for his own proper 
 
 use and demand. 
 
 And the assignor doth hereby irrevocably appoint the 
 assignee his true and lawful attorney, with full power 
 and authority in the name of the assignor, but at the 
 risk, costs, and charges, and for the sole benefit of the 
 assignee to sue for, recover, and receive the debt and 
 moneys hereby assigned, and to give good and sufficient 
 
 ■ t 
 
 •sSi 
 
 ^ % 1 i. i 
 
 111' 
 
 m 
 
I30 
 
 ASSIGNMENTS. 
 
 releases for the same ; and also full power and authority 
 to appoint a substitute or substitutes for the purposes 
 aforesaid, and such substitution from time to time at 
 pleasure to revoke ; he, the assignor, hereby ratifying 
 and confirming all, and whatsoever the assignee, or his 
 substitute or substitutes, shall lawfully do or cause to be 
 done in the premises by virtue of these presents. 
 
 And the assignor covenants with the assignee that the 
 
 said debt or sum of dollars is still due and owing to 
 
 him from the. said dcbror ; that he has good right to assign 
 the said debt uiito o ,. assignee in the manner aforesaid; 
 and that he, the assignor, will not at any time hereafter 
 
 receive the said a?' or ; ■> of dollars, or any part 
 
 thereof, nor revoke the power of attorney hereinbefore 
 given, or do any act whereby the assignee may be pre- 
 vented or hindered from enforcing the payment of the 
 same ; and also that the assignor and all persons right- 
 fully claiming any interest in the said debt or sum of 
 
 dollars shall and will from time to time, or at any 
 
 time hereafter, execute such further assurances for effec- 
 tually assigning the said debt or sum of dollars upon 
 
 the assignee as he or his counsel in the law shall require. 
 
 And the assignee covenants with the assignor that he 
 will at all times hereafter well and sufificiently protect, 
 save harmless, and keep indemnified the assignor of and 
 from all costs and damages that he shall at any time pay, 
 sustain, or become liable to, for, or on account of any 
 action that may be commenced or prosecuted in his 
 name in pursuance of thei)owers hereinbefore contained, 
 excepting such costs and damages only as shall be 
 caused by his wilful neglect or default. 
 
 iHil 
 
f the 
 right - 
 im of 
 any 
 cffec- 
 upon 
 quire, 
 at he 
 otect, 
 lof and 
 e pay, 
 f any 
 in his 
 ained, 
 all be 
 
 ASSKJNMKNT OF A DKliT. 
 
 i3» 
 
 And it is hcreljy declared and agreed that the expres- 
 sions, "the assignor" and "the assignee," wherever 
 used in this indenture, shall, where the context allows, 
 
 include and be binding not only on the said and 
 
 the parties hereto, but also on their respective 
 
 executors, administrators, and assigns. 
 In witness, etc. 
 Signed, sealed, etc. 
 
 ASSIGNMENT OF A DEBT. 
 
 (Short Form.) 
 Know all men by these presents that I- 
 
 -of- 
 
 in consideration of dollars to me paid by of 
 
 (the receipt whereof I hereby acknowledge) do hereby 
 
 sell, assign, and transfer to the said a certain debt 
 
 owing to me from of for [goods supplied, etc.] 
 
 and all and every sums or sum of money now due or to 
 become due thereon, to have and to hold the same to the 
 
 said , to his own absolute use and benefit ; and I 
 
 hereby warrant that the said debt is still due and owing 
 
 to me from the said , and that I have not previously 
 
 assigned or encumbered the said debt or any part 
 thereof. 
 
 In witness, etc. 
 
 Signed, sealed, etc. 
 
 1 1 
 
 ¥< 
 
 t^ 
 
I 
 
 1 I:; 
 
 ■im > 
 
 IIS L 
 
 ■I 
 
 i!!i'! 
 
 I 
 
 13- 
 
 ASSIGNMENTS. 
 
 ASSIGNMRN r OF INSURANCE POLICY. 
 By endorsemoit. 
 
 For value received I hereby assign, transfer, and set 
 
 over unto of as purchaser \or mortgagee, or as the 
 
 case may be\ all my right, title, and interest in the within 
 policy of insurance, and all benefit and advantage to be 
 derived therefrom. 
 
 Witness my hand, etc. 
 
 ASSIGNMENT OF JUDGMENT. 
 (Short Form.) 
 
 This Indenture made the day of , 18 — , in 
 
 pursuance of the Act respecting l^e Law and Transfer of 
 
 Property, Between of the of in the County 
 
 of , , hereinafter called the assignor, of the first 
 
 part, and of the of in the County of — •— , 
 
 , hereinafter called the assignee, of the second part. 
 
 Whereas the assignor on the day of , one 
 
 thousand eight hundred and — — , obtained a judgment 
 
 in the Court of — —against for the sum of 
 
 dollars and dollars costs, making together the sum of 
 
 dollars, and the said sum of dollars still remains 
 
 due on the security of the said judgment. 
 
 And whereas the assignor has agreed to sell and 
 assign the said judgment debt and costs unto the 
 assignee for the sum of dollars. 
 
 Now THIS indenture WITNESSETH that in considera- 
 tion of the sum of dollars of lawful money of Canada 
 
 now [)aid by the assignee to the assignor (the receipt 
 
 of- 
 
 assig 
 
 and 
 
 iand 
 
 the J, 
 
 t'le t« 
 
 to b( 
 
 doIJai 
 
 ment.' 
 
 conta 
 
ASSir.NMI.NT nr I I \SK. 
 
 ^^^ 
 
 whereof is hereby acknowledge 1), he, the assignor, as 
 beneficial owner, hereby assigns unto the assignee all that 
 
 the said smn of dollars, and all interest now due or 
 
 hereafter to become due upon the same, and also the 
 said judgment and the full benefit and advantage thereof, 
 and of all other securities for the said sum, costs, and 
 interest ; to have and to hold the same and all benefit 
 and advantage thereof unto the assignee, his executors, 
 administrators, and assigns absolutely. 
 In witness, etc. 
 
 SiGNKD, SEATED, etc. ' 
 
 :;::? 
 
 i i 
 
 i 
 
 • i 
 
 ASSIGNMENT OF LEASE. 
 
 This Indenture 
 Between of the- 
 
 made the day of 18- 
 
 — of in the County of — 
 
 , hereinafter called the assignor, of the first part, 
 
 and of the of in the County of , ., 
 
 hereinafter called the assignee, of the second part. 
 
 Whereas by an indenture of lease dated the day 
 
 of 1 8 — , made between as lessor, and , the 
 
 assignor aforesaid, as lessee, the said lessor did demise 
 and lease unto the said lessee all that certain [)arcel of 
 land and premises, situate, etc., to hold the same unto 
 
 the lessee from the day of 18 — , for and during 
 
 the term of years from thence next ensuing and fully 
 
 to be complete and ended, at the yearly rent of 
 
 dollars, and subject to the lessee's covenants and agree- 
 ments in the said indenture of lease reserved and 
 contained. 
 
 
 \ \- Hi 
 
 f ; i^ t- 
 
 \n 
 
 l:*. 
 
 * i 
 
U4 
 
 ASSIGNMKNIS. 
 
 if 
 
 *l|!i-ii 
 
 ■. iifi i 
 
 
 
 ■. f 
 
 Now Tins INnKNTURK 
 
 sidcration of the sum of — 
 
 wrTNKssKTFi that in con- 
 — dollars of lawful money of 
 Canada now paid by the assignee to the assignor (the 
 receipt whereof is hereby acknowledged) the assignor 
 doth hereby grant and assign unto the assignee all the 
 said parcel of land and premises comprised in and 
 demised by the said indenture of lease, together with the 
 said indenture of lease and all benefit and advantage to 
 be derived therefrom, to have and to hold the same unto 
 the assignee from henceforth for and during all the 
 residue of the said term granted by the said indenture of 
 lease, 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 contained. 
 
 And the assignor doth hereby covenant, promise, and 
 agree to and with the assignee that notwithstanding 
 any act of the assignor, the said indenture of lease is a 
 good, valid, and subsisting lease, and that the rent and 
 covenants therein reserved and contained have been 
 duly paid and performed by the assignor up to the day 
 of the date hereof. 
 
 And that notwithstanding as aforesaid the assignor 
 now has in him good right, full power, and absolute 
 authority to assign the said lands and premises in manner 
 aforesaid, according to the true intent and meaning of 
 these presents. 
 
 And that subject to the said rent, and the lessee's 
 covenants therein contained, it shall be lawful for the 
 assignee 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 every renewal thereof (if 
 
 sion 
 
 m th 
 
 and 
 
 /'artic 
 
 t-'veci 
 
 In 
 
 S/c 
 
 Tin 
 i'Ur.suJ 
 
ASSir.NMKNT OF I.KASK. 
 
 '35 
 
 any) for his own use and benefit, without any interruption 
 of the asjsiunor or any other person whomsoever ; and 
 tliat the assignor will well and effectually save and keep 
 harmless the assignee against all claims and demands 
 whatsoever. 
 
 And that the assignor shall and will from time to time, 
 and at all times hereafter, at the retjuest and costs of the 
 assignee, execute such further assurances of the said 
 premises as the assignee shall reasonably require. 
 
 And the assignee doth hereby covenant, promise, and 
 agree to and with the assignor that the assignee shall and 
 will from time to time during all the residue of the said 
 term granted by the said indenture of lease and every 
 renewal thereof pay the rent and perform the lessee's 
 covenants and agreements therein respectively reserved 
 and contained, and' indemnify and save harmless the 
 assignor therefrom and from all actions, suits, costs, 
 losses, charges, damages, and expenses thereof. 
 
 Aiid it is hereby declared and agreed that the expres- 
 sions the, "assignor" and the "assignee," wherever used 
 ill this indenture, shall, where the context allows, include 
 
 and be binding, not only on the said and , the 
 
 l)arties hereto, but also on their respective heirs, 
 executors, administrators, and assigns. 
 
 In witness, etc. 
 
 Signed, sealed, etc. 
 
 ASSIGNiMENT OF LEASE. 
 (Short Form.) 
 This Indenture made the day of — 
 
 i8- 
 
 m 
 
 l-ii PI 
 
 /■ 1 
 
 < , 
 
 \\ 
 
 ■ V 
 
 11 
 
 [)ursuance of the Act respecting the Law and Transfer 
 
MM 
 
 136 
 
 ASSIf'.NMKNTS. 
 
 m 
 
 of Property, Hktwkf-.n of , hereinafter called the 
 
 assignor, of the one part, and of , hereinafter 
 
 called the assignee, o( the other i)art. 
 WrrNKSsii'jH that in consideration of- 
 
 -dollars now 
 
 paid by the assi<i;nee to the assignor (the receipt whi?reof 
 is hereby acknowledged) the assignor doth hereby 
 assign, and as beneficial owner conveys, unlo the 
 assignee, his executors, administrators, and assigns, all 
 and singular, the premises comprised in a certain inden- 
 ture of lease, dated the day of , 18 — , and made 
 
 between and , to hold the same unto the assignee, 
 
 his executors, administrators, and assigns, henceforth, 
 for, and during the residue of the term thereby granted, 
 and for all other the estate, term, and interest (if any) of 
 the assignor therein, subject to the [layment of the rent, 
 and the performance of the lessee's covenants and agree- 
 ments in the said indenture of lease reserved and con- 
 tained. ' 
 
 And the assignee for himself, his heirs, executors, and 
 administrators, hereby covenants with the assignor, his 
 executors, administrators, and assigns, that the assignee, 
 his executors, administrators, and assigns, will pay the 
 rent, and observe and perform the lessee's covenants 
 and conditions in the said indenture of lease contained, 
 and indemnify and save harmless the assignor, his heirs, 
 executors, and administrators, from all losses and ex- 
 I)enses in respect of the non-observance or non-perform- 
 ance of the said covenants and conditions, or any of 
 them. 
 
 In WITNKSS, etc. 
 
 Signed, sEAMiD, etc. 
 
.\ssi(;NMK>:r oi I I c. \(\. 1^7 
 
 ASSKINMKNT ()!■ I.K(i.\i;V. 
 
 '''his Tndknturk made the clay of , i8 — , in 
 
 pursuance of the Act respcctin,^ the Law and Transter 
 
 of Property, I'>rtvvki:n of hereinafter called 
 
 the assignor, of the one part, and of- hereinafter 
 
 called the assignee, of the other part. 
 
 Whkrkas [/esfa^tfr], late of , deceased, by his 
 
 will dated the day of , 1 8 — , gave and beriucathed 
 
 unto the assignor as legatee the sum of dollars to be 
 
 paid to him within months next after the decease of 
 
 the testator [or as the case may /'cj, and a[)pointed the 
 
 executor of his s.iid will. 
 
 \ni) whkreas the said [fesfator] died on the day 
 
 - -, 1 8 — , without having revoked or altered his said 
 will, which has been duly proved in the Surrogate Court 
 of the County of , and Province of . 
 
 And wherras the said legacy to which the assignor 
 is entitled as aforesaid has not yet been paid, and 
 the assignee has agreed with the assignor for the purchase 
 of the same at the price of- . 
 
 Now THIS INDENTURE WITNESSETH that in pursuance 
 of the said agreement and in consideration of the sum of 
 
 dollars now paid by the assignee to the assignor (the 
 
 receipt whereof is hereby acknowledged), the assignor 
 hereby assigns and as beneficial owner conveys unto the 
 assignee, his executors, administrators, and assigns, all 
 
 that the legacy or sum of dollars so betiueathed to 
 
 him, the assignor, by the said will, and all the moneys to 
 become due and payable in res[)ect of the said legacy. 
 
 I I 
 
 II 
 
K.^ 
 
 ASSlC.NlNfKNTS. 
 
 il i 
 
 ;,n 
 
 i ■li 
 
 together with full power to denianil, sue for, recover, 
 receive, and L^ive effectual discharges for the said legacy 
 and moneys in the name of the assignor, his executors or 
 administrators, or otherwise to hold the said legacy and 
 premises hereby assigned unto the assignee, his execu- 
 tors, administrators, and assigns, for his and their abso- 
 lute use and benefit. 
 
 And the assignor for himself, his executors and ad- 
 ministrators, (Covenants with the assignee, his executors, 
 administrators, and assigns, that the said sum of dol- 
 lars is still due and owing to him from the estate of the 
 said testator, and that he has done no act to encumber 
 the said legacy. 
 
 In witness, etc. 
 
 SuiNEi), SF..\F.Ei), etc. 
 
 of- 
 
 TRANSFER OF MINING LEASE.* 
 
 No. — . 
 
 I, A.B., of the ^of in the County [or District] 
 
 -,— — , being the lessee of the lands demised by a 
 
 certain mining lease granted by Her Majesty the Queen 
 
 to me, dated the day of , i8 — , and numbered in 
 
 the register of mining leases in the Department of Crown 
 Lands as Number ■, which lands may be more par- 
 ticularly known and described as follows, that is to 
 
 say : . 
 
 In consideration of the ^m of dollars paid to 
 
 me by CD., the receipt of which sum is hereby 
 
 * 77irs transfer to he nta<k in triplicate and si(;ned hy both 
 parties. 
 
^ 
 
 TUANSKKR Ol' MINING I.KASK 
 
 139 
 
 acknowledged, and of , do hereby transfer to the said 
 
 C.I), all my right, title, and interest in and to the land 
 demised as aforesaid, > 
 
 And I, CD., do hereby accept such transfer of the 
 rigb|^ title, and interest of the said A.B. in and to the 
 said demised lands, subject to the provisions of the 
 Mining Act and the regulations made thereunder, and 
 do hereby agree to be bound by all and singular the 
 terms, covenants, provisions, restrictions, and reserva- 
 tions in the said lease. 
 
 In witness wfif.rkof we have hereunto set our hands 
 
 .and seals this day of — — , 18 — . 
 
 Skjnkd, se.\lki). etc. ) 
 
 J 
 
 I hereby sanction and authorize the transfer of the 
 
 specified interest of A.B. to CD. in the above-named 
 
 lease. 
 
 Commissioner of Crown Lands. 
 
 Dated at Toronto this day of , A.D, 18 — . 
 
 AjJ'ida'i'it of execution. 
 Province of Ontario, "^ 
 
 I 
 
 of the 
 
 of 
 
 in the County \or 
 
 District] of , 
 
 make oath and say 
 
 County \()r District] of 
 
 To Wit : 
 
 I am well acquainted with A.B. named in the within 
 document, and saw him sign the said document, and 
 the signature purporting to be his signature at the foot 
 of the said document is in his handwriting. 
 
 The said A.B. is, as I verily believe, the lessee of 
 the land within mentioned. 
 
 #. 
 
 I 
 
 ■i 
 
 I 
 
 s 
 
 
 ! 
 
 *•' 
 
 •W 
 
 m 
 
 
 li 
 
 V 
 
 1 
 
'■ f fi 
 
 ■i 
 
 i 
 
 l! . 
 
 140 
 
 ASSIC.NMKXTS. 
 
 The said A.B. is of ihe age of 21 years or over, of 
 
 sound mind, and signed the document voluntarily at 
 
 in the of^ , and Province of Ontario. 
 
 I am a subscribing witness to the said document. 
 
 Sworn before me, etc. 
 
 ASSKINMENT OF MOR I'O.'vGE. 
 
 
 ■ 19 
 
 Tins Ini>knturk made the day of , 18 — , 
 
 Bei'wekn — - — of , hereinafter called the assignor, of 
 
 the first i)art, and of , hereinafter called the 
 
 assignee, of the second part. 
 
 Whereas by a mortgage dated the day of- , 
 
 18 — , one did grant and mortgage the land and 
 
 j)remises therein described to , iiis heirs and assigns, 
 
 for securing the payment of dollars, and there is now 
 
 owing upon the said mortgage dollars. 
 
 Now THIS INDENTURE WITNESSETH that in Considera- 
 tion of dollars of lawful money of Canada now paid 
 
 by the assignee to the assignor (the receipt whereof is 
 hereby acknowledged) the assignor doth hereby assign 
 and set over unto the assignee, his executors, adminis- 
 trators, and assigns, all tiiat the said before in part recited 
 
 mortgage, and also the said sum of dollars, now 
 
 owing as aforesaid, together with all moneys that may 
 hereafter become due or owing in respect of the said 
 mortgage ; and the full benefit of all powers, covenants, 
 and provisoes contained in the said mortgage ; and also 
 full power and authority to use the name or names of the 
 assignor, his heirs, executors, administrators, or assigns, 
 
ASSlGX.MKNr OF MOKIP, \(il,. 
 
 I-M 
 
 ; -; 
 
 for enforcing the performance of the covenants and other 
 matters and things contained in the said mortgage. 
 
 And the assignor doth hereby grant and convey unto 
 the assignee, his heirs and assigns, all that certain parcel 
 of land, situate, etc., to have and to hold the said 
 mortgage and all moneys arising in respect of the same 
 and to accrue thereon ; and also the said lands and 
 premises thereby granted and mortgaged to the use of 
 the assignee, his heirs, executors, administrators, and 
 assigns forever, but subject to the terms contained in the 
 said mortgage. 
 
 And the assignor for himself, his heirs, executors, 
 administrators, and assigns, doth hereby covenant with 
 the assignee, his heirs, executors, administrators, and 
 assigns, that the said mortgage hereby assigned is a good 
 
 and valid security, and that the said sum of dollars, 
 
 together with interest from the day of , i8 — , is 
 
 now owing and unpaid, and that he has not done or per- 
 mitted any act, matter, or thmg whereby the said 
 mortgage has been released or discharged, either partly 
 or in entirety, and that he will upon request do, perform, 
 and execute every act necessary to enforce the full per- 
 formance of the covenants and other matters contained 
 therein. 
 
 And the assignor for himself, his heirs, executors, and 
 administrators, hereby further covenants with the assignee, 
 his heirs, executors, administrators, and assigns, that if 
 default shall be made in the payment of the moneys 
 secured by the said hereby assigned mortgage on the days 
 and times therein set forth for the i)aynient thereof 
 he will forthwith pay or cause to be p.'^id to the assignee 
 
 t t : >V .i 
 
 I it 
 
 if- '■ 
 
 !!■ i 
 
 !i: 
 
3E 
 
 ^iM 
 
 142 
 
 ASSIGNMENTS. 
 
 all such sums so in default. [In the case of a company add^ 
 together with all fines that may be imposed upon him for 
 non-payment under the rules of the company in that 
 behalf.] • 
 
 In witness, etc. 
 
 Signed, sealed, etc. 
 
 ASSIGNMENT OF RENT. 
 
 As collateral security to a mortgage. 
 This Indenture made the day of— 
 
 18- 
 
 Between of , hereinafter called the assignor, of 
 
 the one part, and of — 
 
 -, hereinafter called the 
 assignee, of the other part. 
 
 Whereas by a certain indenture dated the day 
 
 of — '—, 18 — , the assignor did grant and mortgage to the 
 assignee all that certain parcel of land, situate, etc., to 
 
 secure the payment of dollars with interest, as 
 
 therein mentioned. 
 
 And whereas the assignor did by a certain indenture 
 of lease dated the dav of — 
 
 -, 18 — , lease the said 
 
 land to one for a term of years, at the yearly 
 
 rental of dollars. 
 
 And whereas the assignor has agreed to assign the 
 said lease and all benefit and advantage to be derived 
 therefrom to the assignee as collateral security for the 
 payment of the said mortgage moneys. 
 
 Now THIS INDENTURE WITNESSETH that in Consider- 
 ation of the premises the assignor doth hereby assign, 
 transfer, and set over unto the assignee the said lease 
 and the rent payable thereunder, and all benefit and 
 
ASSKJNMKN'I" OK RKNT. 
 
 '43 
 
 advantage to be derived tlierefrom, to hold and receive 
 the same unto the assignee, his heirs, executors, admin- 
 istrators, and assigns. 
 
 Provided always that nothing herein contained shall 
 be deemed to have the effect of making the assignee 
 responsible for the collection of the said rent or any part 
 thereof, or for the performance of any covenants, terms, 
 or conditions, either by the lessor or lessee, contained in 
 the said lease, and that the assignee shall not, by virtue 
 of these presents, be deemed a mortgagee in possession 
 of the said lands. 
 
 And provided further that the assignee shall only be 
 liable to account for such moneys as may actually come 
 inio his hands by virtue of these presents, and that such 
 moneys when so received by him shall be applied on 
 account of the said mortgage, to which these presents 
 are taken as a collateral security.. 
 
 In witness, etc. 
 
 Signed, sealed, etc. 
 
 
 
 w i 
 
 
 Mi' ''' 
 
 1 
 
 1 
 
 1 
 
 - j' 
 
 ; \ 
 
 r ■ 1 
 
 ; 1 
 
 
 1 
 
 1 
 
 i 1; 
 
 .! *; 
 
 1^ 
 
 !l^ : 
 
 \ I 
 
Ml 
 
 
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 1 
 
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 1 II 
 
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 t 
 
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 : "■ * 
 
 
 
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 • 
 
 \ y 
 
 t I 
 
 HILLS OF SALE 
 
 AND 
 
 CHATTEL MORTGAGES. 
 
 BILL OF SALE. 
 
 Chafkls. 
 
 This Indenture made the— —day of , i8- 
 
 lU'.TWEEN — —of the of— — in the County of — 
 
 , hereinafter called the bargainor, of the first part, 
 
 and of the of , in the County of , , 
 
 hereinafter called the bargainee, of the second part. 
 
 Whereas the bargainor is possessed of the goods, 
 chattels, and i)ersonal effects hereinafter set forth, 
 described, and enumerated, and hath contracted and 
 agreed with the bargainee for the absolute sale to him 
 of the same for the sum of dollars. 
 
 Now THIS iNiJENTURE WITNESSETH that in pursuancc 
 of the said agreement and in consideration of the sum 
 
 of dollars of lawful money of Canada paid by the 
 
 bargainee to the l)argainor at or before the sealing and 
 delivery of these presents (the receipt whereof is hereby 
 acknowledged) the bargainor hath bargained, sold, 
 assigned, transferred, and set over, and by these presents 
 doth bargain, sell, assign, transfer, and set over unto the 
 bargainee, his executors, administrators, and assigns, ail 
 those the said goods, chattels, and personal effects here- 
 inafter described, that is to say : [^gn'e fu/l d^scriptioft of 
 tJie ^^oodi^ so that t/wv niny be caxily k>unv)i and distifi 
 
 ')argai 
 
 and 
 
 .'ind 
 
 And t 
 
 to assi 
 
 'idmini 
 
 ^iccordi 
 ents ; 
 
 trators, 
 and at 
 
 ')0ld, p( 
 
 •"1(1 chal 
 '" and 
 
 J*- 
 
ibc 
 ukI 
 eby 
 old, 
 :nts 
 the 
 
 au 
 
 lere- 
 
 ^> of 
 
 lltl.I, of- S.\r,K OK (IIAITMS. 
 
 '45 
 
 <^'uis/i('{f] ; all of which said goods, chattels, and effects 
 are now in possession of the bargainor, and are situate, 
 lying, and being in, on, upon, and about \iit'scn'f)e 
 accurately where the ^oods are\ ; and all the right, title, 
 interest, property claim, and demand whatsoever of the 
 bargainor of, in, to, and out of the same, and every part 
 thereof. 
 
 To have and to hold the said hereinbefore assigned 
 goods, chattels, and effects, and every one of them and 
 every part thereof, with the appurtenances and all the 
 right, title, and interest of the bargainor thereto and 
 tliercin as aforesaid, unto and to the use of the bar- 
 gainee, his executors, administrators, and assigns, to and 
 for his and their sole and only use forever. 
 
 And the bargainor doth hereby for himself, his heirs, 
 executors, and administrators, covenant, promise, and 
 agree with the bargainee, his executors and adminis- 
 trators, in manner following, that is to say : that the 
 bargainor is now rightfully and absolutely possessed of 
 and entitled to the said hereby assigned goods, chattels, 
 and effects, and every of them and every part thereof. 
 And that the bargainor now has in himself good right 
 to assign the same unto the bargainee, his executors, 
 administrators, and assigns, in manner aforesaid, and 
 according to the true intent and meaning of these pres- 
 ents ; and that the bargainee, his executors, adminis- 
 trators, and assigns, shall and may from time to time 
 and at all times hereafter peaceably and quietly have, 
 liold, possess, and enjoy the said hereby assigned goods 
 and chattels, and every of them, and every part thereof, 
 to and for his and their own use and benefit without 
 
 3 r- 
 
 1 ?'fi ' ! 
 
 '%K < 
 
 \l' \ 
 
t4^i 
 
 IMF.t.S n\' SAI.K; 
 
 rM'f: 
 
 any manner of liindranrc, interruption, molestation, 
 claim, or demand whatsoever of, from, or by the bargainor, 
 or any other person or persons whomsoever ; and that 
 free and clear, and freely and absolutely released and dis- 
 charged or otherwise (at the costs of the bargainor), 
 effectually indemnified from and against all former and 
 other bargains, sales, gifts, grants, titles, charges, and 
 incumbrances whatsoever. 
 
 And, moreover, that the bargainor and all persons 
 rightfully claiming or to claim any estate, rii;ht, title, or 
 interest of, in, or to the said hereby assigned goods and 
 chattels, and every of them, and every part thereof, shall 
 and will, from time to time, and at all times hereafter 
 upon every reasonable re(]uest of the bargainee, his 
 executors, administrators, or assigns, but at the cost and 
 charges of the bargainee, make, do, and execute, or cause 
 or procure to be made, done, and executed, all such 
 further acts, deeds, and assurances for the more effectu- 
 ally assigning and assuring the said hereby assigned 
 goods and chattels unto the bargainee, his executors, 
 administrators, or assigns, in manner aforesaid, and 
 according to the true intent and meaning of these pres- 
 ents as by the bargainee, his executors, administrators, 
 or assigns, or his or their counsel in the law, shall be 
 reasonably advised or required. 
 
 In witness whekeof the parties hereto have hereunto 
 set their hands and seals. 
 
 Signed, sealed, and delivered ) 
 in the presence of j 
 
 O.VT.Ai 
 
 County 
 'lo 
 
 That 
 hill of 
 
 [one of" 
 am a si 
 'laiiie- 
 tioi) (1)^. 
 
 "'" — in 
 
ItlLL OF SALE OK CHATTLLS. 
 
 147 
 
 Ontario ; 
 County of 
 
 To Wit 
 
 Affidavit of bond fides. 
 I of the of in the County 
 
 of- 
 
 the bargainee in the 
 
 foregoing bill of sale named, make 
 oath and say : 
 
 'I'hat the sale therein made is bona fide and for good 
 consideration, namely, in consideration of the sum of 
 
 dollars, as set forth in the said conveyance, and is 
 
 not for the purpose of holding or enabling me this 
 deponent to hold the goods mentioned therein against 
 
 the creditors of the bargainor therein named. 
 
 Sworn before me at the | 
 
 1 
 
 of in the County of- 
 
 this day of 18— 
 
 A Commissioner, etc. 
 
 [ Where there are two bargainees, one of them may make 
 
 this affidavit. \ 
 
 Ontario ; 
 County of- 
 
 Affidavit of execution. 
 
 I , of the of 
 
 in the 
 
 , , County of- 
 J say : 
 
 -, make oath and 
 
 To Wit : 
 
 That I was personally present and did see the within 
 
 l)ill of sale duly signed, scaled, and executed by 
 
 :one of] the parties thereto ; and that I, this deponent, 
 :ini a subscribing witness to the same ; and that the 
 name set and subscribed as a witness to the execu- 
 tion thereof is of the proper handwriting of me this 
 
 (Icpoiient ; and that the same was executed at the 
 
 of — in the County of — ^— 
 
 Sworn before me, etc. 
 
 Ill \ ^v ^ I 
 
 it;; 
 
 mI- 
 
 ' If 
 
 ?» -1 
 
Ml 
 
 148 
 
 III LIS OF SAr.K. 
 
 Ajjldavit of bona fides by a^^ent of bargainee. 
 
 Ontario ; 
 County of- 
 
 To Wit : 
 
 I of the of in the County 
 
 of- 
 
 -, make oath and say : 
 
 (i) That I am the duly authorized 
 
 agent of , the bargainee in the foregoing bill of sale 
 
 named for the purposes of the said bill of sale, and I am 
 aware of all the circumstances connected therewith. 
 
 (2) I am duly authorized in writing to take such 
 said conveyance or hill of sale, and a true copy of such 
 authority is attached to such conveyance or bill of sale, 
 and is marked with the letter " A." 
 
 (3) That the sale therein made is bona fide and for 
 good consideration, namely, in consideration of the sum 
 
 of dollars as set forth in the said conveyance, and is 
 
 not for the purpose of holding or enabling the said 
 Ijargainee to hold the goods mentioned therein against 
 the creditors of the said bargainor. 
 
 Sworn before me, etc. 
 
 AUTHORITY TO AGENT 
 
 To take a Bill of Sale. 
 
 Know all men by these presents that I, C.I)., of the 
 -in the County of , , do hereby nomi- 
 
 of- 
 
 nate, constitute, authorize, and appoint E.F. of the 
 
 of in the County of ,- — — , as my true and lawful 
 
 agent and attorney for me, and in my name and for my 
 sole use and benefit to take and receive from one A.B. 
 
 of the of in the County of , , a bill of 
 
 sale of certain chattel [)ro^)erty, the property of the snid 
 
 Proper 
 
 'I ml 
 
Ill I.I, OF SAI.K OI- VKSSKI . 
 
 I4.J 
 
 A.H., for and in consideration of the sum of dollars 
 
 to bo paid by me for the purchase thereof, and for all 
 and every of the [)urposes aforesaid. I do hereby give 
 and j^rant unto my said agent and attorney full power 
 and authority to do, perform, and execute all acts, deeds, 
 and matters necessary to be done and performed, and to 
 take all proceedings necessary to be taken under and by 
 virtue of any statute in that behalf or otherwise how- 
 soever in and about the premises ; I hereby ratifying, 
 confirming, and allowing, and hereby agreeing to ratify, 
 confirm, and allow, all and whatsoever my said agent and 
 attorney shall lawfully do, or cause to be done, by virtue 
 hereof. 
 
 In wiTNiiss, etc. 
 
 SUINEO, SEALED, etC. 
 
 BILL OF SALE 
 
 l^essc'/. 
 
 This form and that of a " Mort^ain^e of Vcsse/" are fiot 
 iNStr/ed, 07vifi}:; to their peculiar construction^ 7vhicJi is 
 inconvenient for a book such as this. 
 
 Th>' form of ^^ Bill of Sale of VesseT^ }:^iven in every 
 " Conveyancer " yet published in this Province is incorrect 
 and niisleadiui;; and would not be received for registration. 
 Proper forms are supplied gratis at most customs Ports of 
 E)itry, and may also be obtained from law stationers. 
 
 A Bill of Sale of a vessel^ ivhoi registered, must be 
 accompanied by a Declaration of Oivnership, to be piled ^^ 
 
 i t 
 
 *! ' ^ . 
 
ill il 
 
 
 3i 
 
 '5° 
 
 CHAITKI, MOKTr.AGKS. 
 
 CHA'I TKL MOR'l'CAdK. 
 
 This Indenture made the day of , 18—, 
 
 Between of the of in the County of , 
 
 , hereinafter called the mortgagor, of the first part, 
 
 and of the of in tiic County of , 
 
 hereinafter called the mortgagee, of the second part. 
 
 WITNESSETH that the mortgagor for and in considera- 
 tion of do'hrs of lawful money of Canada to him in 
 
 hand well and truly paid by liie mortgagee at or before 
 the sealing and delivery of these presents (the recei[)t 
 whereof is hereby acknowledged) hath granted, bar- 
 gained, sold, and assigned, and by these presents doth 
 grant, bargain, sell, and assign, unto the mortgagee, his 
 executors, administrators, and assigns, all and singular, 
 the goods, chattels, [)ersonal property, and effects herein- 
 after particularly mentioned and described, that is to say; 
 [or described in the schedule hereto annexed marked 
 "A"] [^i^ive //f// (J fid accurate description of each artick 
 intended to he niortij^ai^ed., so that it tnay be readily ami 
 easily hnoiv/i and distini^/zished ] all which said goods and 
 chattels are the pro[)erty of and in the possession of the 
 mortgagor, and are now lying on, around, and about the 
 premises of the mortgagor, situate [describe accurately tha 
 exact locality of each article at the date the /norti^%i:^t' is 
 executed^ also all go(jds and chattels which shall here- 
 after be brought u[)on the said premises, or U[)on n 
 other premises to which the mortgagor ma)- renn 
 during the existence of these presents or any rene\\>. m vvl 
 thereof, and the mortgagor doth hereby agree that all f In , ^» 
 
 thing h 
 
 utterly 
 
 'ontaif 
 
 standi/ 
 
 the j)a 
 
 pn'ncip 
 
 V^ul on 
 
 'Wio/c 
 
 for hinis 
 
 ^^■'■'I wan 
 
 and sfiifr, 
 
 ' -e nior. 
 'fi'iinsthi 
 f^rs, and 
 
 "nsoe 
 
 xecu 
 
f'll A I II I MniM(;\r;F, 
 
 >«^l 
 
 such ^oods ui)()n Ix-ing so lM<iiij;lit into possession shall 
 at once become niori.^a^^cd hy virtiu' of these presents. 
 
 To have and to hold all and singular the said goods 
 and chattels unto the mortgagee, his executors, adminis- 
 trators, and assigns, to the only proper use and l)c>hof)f 
 of the mortgagee, his tjxecutors, a(hiu'nistrators, and 
 assigns forever. 
 
 Provided always, and these i)resents are ujjon this 
 express condition, that if the mortgagor, his executors 
 oi administrators, do and shall well and truly pay or 
 cause to be paid unto the mortgagee, his executors, 
 
 a(lniinistrator.s, or assigns, the full sum of dollars, 
 
 with interest for the same at the rate of per centum 
 
 per annum on the days and times following, that is to 
 
 say : , then these presents, and every matter and 
 
 thing herein contained, shall cease, determine, and be 
 utterly void to all intents and purposes, anything herein 
 contained to the contrary thereof in anywise notwith- 
 standing ; but provided that if default shall be made in 
 the payment of any sum due hereunder, whether for 
 [iiincipal, interest, or otherwise, that interest shall be 
 paid on any sum so in arrear at the said rate until the 
 whole sum due shall be fully paid. And the mortgagor 
 for himself, his executors and administrators,, shall and 
 will warrant and forever defend by these [)resents all 
 and singular the said goods, chattels, and i)roperty unto 
 
 c nioiigagee, his executors, administrators, and assigns, 
 . iinst hii the mortgagor, his executors and administra- 
 tors, and ..gainst all and every other person or persons 
 wlMinsoever. And the mortgagor doth hereby for himself, 
 H executors and administrators, covenant, promise, and 
 
 ill 
 
 I* 
 
 ( 
 
 t f 
 
 IP 
 
 1' » ,', 
 
 M 
 
 I 
 
 \ ■ 
 
 ! 1 
 
 iliii 
 

 m 
 
 I 
 
 m 
 
 if '!"' 
 
 V 
 
 ;ii; 
 ,|i{l 
 
 ll:|< 
 
 19 i:i 
 
 ■5. 
 
 II 
 
 il!!i 
 
 ^1 . ;1- 
 
 T52 
 
 ritATTF.I, MnKTOAr.ES. 
 
 agree to and with the mortgagee, his executors, adminis- 
 trators, and assigns, that tlie mortgagor, his executors or 
 administrators, or some or one of them, shall and will 
 well and truly pay or cause to be paid unto the mort- 
 gagee, his executors, administrators, or assigns, the said 
 sum of money in the above proviso mentioned, with 
 interest for the same as aforesaid on the days and times 
 and in the manner above limited for the payment thereof. 
 And also in case default shall be made in the payment 
 of the said sum of money in the said proviso mentioned, 
 or of the interest thereon, or any part thereof, or in case 
 the mortgagor 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 said premises, or suffer or permit 
 the same to be seized or taken in execution without the 
 consent of the mortgagee, his executors, administrators, 
 or assigns, to such sale, removal, or disposal thereof first 
 had and obtained in writing ; or in case the mortgagee, 
 his executors, administrators, or assigns, feel unsafe or 
 insecure, or deem said goods and chattels in danger of 
 being sold or removed, or if there shall be issued against 
 the mortgagor, his executors or administrators, any writ 
 of summons for a money demand, or any writ of execu- 
 tion, or any warrant of distress for any rent or taxes in 
 respect of the premises in or upon which the said goods 
 and chattels, or any part thereof, may at any time during 
 the currency of this mortgage or any renewal thereof he 
 situate, or if the mortgagor shall suffer, allow, or permit 
 any rent, taxes, rates, or assessments whatsoever for 
 which he now is or may hereafter, while this mortgage, 
 
CHATTKL MORTGAC.K. 
 
 153 
 
 or any renewal thereof, shall be in force, be liable or 
 assessed, to remain unpaid and unsatisfied for a period 
 
 of days after demand lawfully made therefor ; or if the 
 
 mortgagor, his executors or administrators, shall fail to 
 insure and keep insured the said goods and chattels 
 within the meaning of the provisions of this indenture, 
 or shall abandon the said goods and chattels or any part 
 thereof, or make any assignment for the benefit of 
 creditors, or be arrested on any criminal charge, or if 
 a writ of capias or a writ of attachment shall issue 
 against the mortgagor, then and in every such case all 
 the money secured by this indenture shall, at the option 
 of the mortgagee, immediately become due and be pay- 
 able, and it shall and may be lawful for the mortgagee, 
 his executors, administrators, or assigns, with his or their 
 servant or servants, and with such other assistant or as- 
 sistants as he may require at any time during the day to 
 enter into and upon any lands, tenements, houses, and 
 })reniises wheresoever and whatsoever where the said goods 
 and chattels, or any part theieof, may be, and for such 
 persons to break and force open any doors, locks, bars, 
 bolts, fastenings, hinges, gates, fences, houses, buildings, 
 enclosures, and places for the purpose of taking posses- 
 sion 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 mortgagee, his executors, administrators, 
 or assigns, and each or any of them, is and are hereby 
 authorized and empowered to sell the said goods and 
 chattels, or any of them, or any part thereof, at public 
 auction f)r private sale as to him, them, or any of them 
 
 ilJi 
 
 ii m 
 
 i \ 
 
154 
 
 CHATTEL MORTGAGES. 
 
 may seem meet : and from and out of the proceeds of 
 such sale in the first place to pay and reimburse himself 
 or themselves all such sum and sums of money as may 
 then be due by virtue of these presents, and all such 
 costs and expenses as may have been incurred by the 
 mortgagee, his executors, administrators, or assigns, in 
 conseciuence of the default, neglect, or failure of the 
 mortgagor, his 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 mortgagor, his executors, administrators, 
 and assigns, all such surplus as may remain after such 
 sale, and after payment of all such sum or sums of 
 money, and interest thereon, as may be due by virtue of 
 these presents at the time of such seizure, and after pay- 
 ment of the costs, charges, and expenses incurred by 
 such seizure and sale as aforesaid. And that in case 
 the sum of money realized under any such sale as above 
 mentioned shall not be sufficient to pay the whole 
 amount of principal, interest, costs, and expenses due 
 under the provisions of this indenture, the mortgagor, 
 his executors or administrators, shall and will forth 
 with pay or cause to be paid unto the mortgagee, his 
 executors, administrators, and assigns, all such deli- 
 ciency, as well as and including all costs and expenses, 
 which may have been incurred by the mortgagee in and 
 about such seizure and ?ale. 
 
 Provided that the mortgagee, his executors, adminis- 
 trators, or assigns, may, in default of payment of any 
 of the payments of interest or instalments hereinbefore 
 
 \i'- !'! 
 
CHATTEI, MORTGAGE. 
 
 T55 
 
 mentioned, or any part thereof, distrain for the whole 
 principal sum then uni)aid. 
 
 Provided always that it shall not be incumbent on the 
 mortgagee, his executors, administrators, or assigns, to 
 sell and dispose of the said goods and chattels, but that 
 in case of default of payment of the said sum of money, 
 or the interest thereon, or any sum due hereunder, as 
 aforesaid, or any part thereof, it shall and may be law- 
 ful for the mortgagee, 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 mortgagor, his executors, administ"ators, or 
 assigns, or any of them, or any other person or persons 
 whomsoever. 
 
 And the mortgagor doth put the mortgagee in the full 
 possession of said goods and chattels by delivering to 
 him, at the sealing and delivery hereof, this indenture in 
 the name of all the said goods and chattels. 
 
 And the mortgagor for himself, his executors and ad- 
 ministrators, further covenants that he will, during the 
 continuation of this mortgage, and any and ; very renewal 
 thereof, insure and keep insured the goods a. J chattels 
 hereinbefore mentioned against loss and damage by fire in 
 some insurance company, authorized to transact business 
 in Canada, and approved of by the mortgagee, his ex- 
 ecutors, administrators, or assigns, in the sum of not less 
 than their full insurable value, as security for the moneys 
 secured by this indenture, for the benefit of the 
 mortgagee, his executors, administrators, and assigns, 
 and will pay all premiums and moneys necessary for that 
 
 ! 
 
 '! V 
 
 r 
 
 t ■!: 
 
ll 
 
 
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 'l 
 
 1i^ 
 
 
 
 ; '^ 
 
 ri-i 
 
 ' f ! 
 
 
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 I ! 
 
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 1 ' 
 
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 ^ 
 
 i 
 
 1 
 
 1 i 
 
 1 
 
 
 
 U-' 
 
 3 
 
 
 
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 i 
 
 III' 
 
 IB 1 
 
 J! , 
 
 11,. 
 
 muI 
 
 'H ' ' 
 
 
 15' 
 
 CHATTFJ, MORTr.Ar.tS. 
 
 purpose as the same heroine due and payable in respect 
 to such insurance ; the loss, if any, to he payable to the 
 mortgagee, his executors, administrators, and assigns, 
 and the production of this indenture shall be sufficient 
 authority for, and the said insurance company are 
 hereby directed thereupon to pay such loss, if any, 
 to the mortgagee, his executors, administrators, and 
 assigns. Provided that if the said insurance is not 
 effected or not kept duly renewed, and default be made 
 in payment of the said premiums or sums of money by 
 the mortgagor, his executors or administrators, the mort- 
 gagee, his executors, administrators, or assigns, may pay 
 the same, and such sums of money shall be added to the 
 debt hereby secured, and shall bear interest at the same 
 rate from the day of sucn payment, and shall be repay- 
 able with the moneys next falling due thereafter under 
 these presents. 
 
 Provided that until default shall be made in any of the 
 covenants or provisoes herein contained the mortgagor 
 shall have peaceable and quiet possession and use of the 
 said goods and chattels. 
 
 Provided always that the mortgagee may accept from 
 time to time the bills, notes, or other negotiable instru- 
 ments of the mortgagor or of any other person or 
 persons for the said money or any of them, or as further 
 collateral security for the same or any part thereof, and 
 may accept renewals of the same in whole or in part from 
 time to time, and may compound same or any of them 
 or relinquish same or any them with or without security, 
 without the same affecting or prejudicing the rights and 
 remedies of the mortgagee under these presents, which 
 
rHATTKF, NfORTr.AGE. 
 
 '57 
 
 shall be a security collateral to all other claims and rights 
 of the mortgagee in the premises. 
 
 Provided that neither the execution nor registration of 
 this mortgage shall bind the mortgagee to advance the 
 mortgage moneys, or, having advanced part, to advance 
 the remainder. 
 
 And the mortgagor covenants with the mortgagee that 
 he will pay the costs, charges, and expenses of and 
 incidental to the taking, preparation, execution, and 
 registration of these presents, and of every renewal 
 thereof. 
 
 [And it is hereby understood and agreed that these 
 
 presents are a collateral security only.J 
 
 In witness, etc. 
 Signed, Sealed, etc. 
 
 Affidavit of bona fides. 
 
 Ontario ; 
 County of- 
 
 I 
 
 of the 
 
 of 
 
 in the 
 
 County of- 
 
 To Wit : 
 
 -, , the mortgagee 
 
 in the foregoing bill of sale by way of 
 mortgage named, make oath and say : 
 
 That , the mortgagor in the foregoing bill of sale 
 
 by way of mortgage named, is justly and truly indebted 
 to me this deponent, the mortgagee therein named, in 
 the sum of dollars mentioned therein. 
 
 That the said bill of sale bv way of mortgage was 
 executed in good faith and for the express purpose of 
 securing the 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 
 
 1^ m 
 
t 51 
 
 ! !' 
 
 I u 
 
 158 
 
 CHATTEI, MORTC.AflKS. 
 
 bill of sale by way of mortgage against the creditors of 
 the said the mortgagor therein named, or of pre- 
 venting the creditors of such mortgagor from obtaining 
 payment of any claim against him the said mortgagor. 
 Sworn before me, etc. 
 
 \ 
 
 Affidavit of execution. 
 
 I, A.B., of the of- 
 
 -in the 
 -, make oath and 
 
 Ontario 
 
 County of I County of- 
 
 'lo Wit : j say : 
 
 That I was personally present and did see the within 
 bill of sale by way of mortgage duly signed, sealed, and 
 executed by CD., one of the parties thereto, and that 
 the name A.B. set and subscribed, as a witness to the 
 execution thereof is of the proper handwriting of me 
 this deponent, and that the same was executed at the 
 of in the said County of . 
 
 Sworn before me, etc. 
 
 Affidavit of bona fides by a^ent of mortgagee. 
 
 Ontario ; 
 
 County of 
 
 To Wit : 
 
 I, E.F., of 
 
 County of 
 
 say: 
 
 the- 
 
 -of- 
 
 -in the 
 
 make oath and 
 
 (i) That I am the duly authorized agent of CD., the 
 mortgagee in the foregoing bill of sale by way of mort- 
 gage named, for the purposes of the said bill of sale by 
 way of mortgage, and I am aware of all the circumstances 
 connected therewith. 
 
 (2) I am duly authorized in writing to take such said 
 bill of sale by way of mortgage, and the paper writing 
 
Vi 
 
 CHATTEL MORTGAGE. 
 
 159 
 
 marked " A " attached to the said bill of sale by way of 
 mortgage is a true copy of my authority to take such 
 mortgage. 
 
 (3) That A.B., the mortgagor in the foregoing bill of 
 sale by way of mortgage named, is justly and truly 
 indebted to CM)., the mortgagee therein named, in the 
 sum of dollars mentioned therein. 
 
 (4) That the said bill of sale by way of mortgage was 
 executed in good faith and for the express purpose of 
 securing the 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 A.B., the mortgagor therein named, or of pre- 
 venting the creditors of such mortgagor from obtaining 
 payment of any claim against him the said A.B. 
 
 Sworn before me, etc. 
 
 ^\\l 
 
 AUTHORITY TO AGENT 
 
 To take a chattel mortgage. 
 
 Know all men by these presents that I, CD., of 
 
 the of in the County of , , do hereby 
 
 nominate, constitute, authorize and appoint E.F., of 
 
 the of in the County of , , as my true 
 
 and lawful agent and attorney for me, and in my name 
 and for my sole use and benefit to take and receive from 
 
 one A.B. of the of in the County of , , 
 
 a bill of sale by way of mortgage, securing to me upon 
 the goods, chattels, and effects of the said A.B. the sum 
 of dollars, payable \here set out the terms of the pay- 
 
 ¥:. 
 
i6o 
 
 CHATTKI, MOKTOAOES. 
 
 fnent of the mortj^age] ; and for all and every of the pur- 
 poses aforesaid I do hereby give and grant unto my said 
 agent and attorney full power and authority to do, per- 
 form, and execute all acts, deeds, and matters necessary 
 to be done and performed, and to take all proceedings 
 necessary to be taken in and about the premises, I hereby 
 ratifying, confirming, and allowing, and hereby agreeing 
 to ratify, confirm, and allow all and whatsoever my said 
 agent and attorney shall lawfully do or cause to be done 
 by virtue hereof. 
 
 In witness, etc. 
 
 Signed, sealed, etc. 
 
 CHATTEL iMORTGACiE. 
 
 To secure against endorsement of promissory note. 
 
 This Indenture made the day of , i8- 
 
 Between 
 
 -of the of in the County of- 
 
 
 , hereinafter called the mortgagor, of the first part, 
 
 and of the of in the County of , , 
 
 hereinafter called the mortgagee, of the second part. 
 
 Whereas the mortgagee, at the request of the mort- 
 gagor, and for his accommodation, has endorsed a certain 
 
 promissory note of the mortgagor for the sum of- 
 
 dollars of lawful money of Canada, which said note is 
 in the words and figures following, that is to say : [hen 
 give an exact copy of the note or notes\ 
 
 And whereas the mortgagor has agreed to enter into 
 these presents for the purpose of indemnifying and sav 
 ing harmless the mortgagee of and from the payment of 
 the said recited nolo or any part thereof, or any note or 
 
i8-, 
 f— , 
 it part, 
 
 ' 
 
 krt. 
 
 le mort- 
 , certain 
 
 of- — 
 note is 
 
 \}i(r( 
 
 Uer ir^w 
 ind sav- 
 Iment of 
 note 1)1 
 
 CHATTEL .MOKl(JA(;i': — I>ROiMISSC)RY NOTK. 
 
 i6i 
 
 notes hereafter to be endorsed by the mortgagee for the 
 accommodation of the mortgagor by way of renewal of 
 the said recited note (so that, however, any such renewal 
 shall not extend the time of payment of said note or the 
 liability of the mortgagor beyond the period of one year 
 from the date hereof, nor increase the amount of said 
 liability beyond the amount of the interest accruing 
 thereon), and against any loss that may be sustained by 
 the mortgagee by reason of such endorsement of said 
 recited note or any renewal thereof. 
 
 Now THIS INDENTURE WITNESSETH that the mort- 
 gagor, for and in consideration of the premises and of 
 the sum of one dollar of lawful money of Canada to him 
 in hand .well and truly paid by the mortgagee, at or 
 before the sealing and delivery of these presents (the 
 receipt whereof is hereby acknowledged), hath granted, 
 bart^ained, sold, and assigned, and by these presents doth 
 j^rant, bargain, sell, and assign unto the mortgagee, his 
 executors, administrators, and assigns, all and singular 
 the goods and chattels hereinafter particularly mentioned 
 and described, that is to say : {^/lere gi7)e a particular 
 description of the articles intended to be mortf;ai:;ed\ 
 
 To have and to hold all and singular the said goods 
 and chattels hereinbefore granted, bargained, sold, and 
 assigned, or mentioned, or intended so to be, unto the 
 mortgagee, his executors, administrators, and assigns, to 
 the only proper use and behoof of the mortgagee, his 
 executors, administrators, and assigns forever. 
 
 Provided always, and these presents are upon this 
 express condition, that if the mortgagor, his executors 
 and administrator^, do and shall well and truly pay, or 
 
 »i, 
 
 '' ' .' 
 

 162 
 
 CHATTKI, MOKKJAC.ES. 
 
 cause to be paid, the said note so as aforesaid endorsed 
 by the mort'jagee at maturity, a copy of which said note 
 is set out in the recital of this indenture ; and do and 
 shall well and truly pay, or cause to be paid, any note or 
 notes which may liereafter be endorsed by the mortgagee 
 for the accommodation of the mortgagor by way of re- 
 newal of the said recited note in the said recital of 
 this indenture set forth, which shall not extend tho 
 liability of the mortgagee beyond one year from the 
 date thereof, and all interest in respect thereof, 
 and indemnify and save harmless the mortgagee, his 
 heirs, executors, and administrators, of and from all loss, 
 costs, charges, damages, or expenses, in respect of the 
 said recited note or renewals thereof as hereinbefore set 
 forth, 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 notwithstanding ; and the 
 mortgagor for himself, his executors and administrators, 
 shall and will warrant and forever defend by these pres- 
 ents, all and singular, the said goods, chattels, and pro- 
 perty by these presents unto the mortgagee, his executors, 
 administrators, and assigns, against him the mortgagor, his 
 executors and administrators, and against all and every 
 other person and persons whomsoever. 
 
 And the mortgagor doth hereby for himself, his 
 executors and administrators, covenant, promise, and 
 agree, to and with the mortgagee, his executors, 
 administrators, and assigns, that the mortgagor, his 
 executors or administrators, or some or one of them, 
 shall and will well and truly pay or cause to lie paid the 
 
fllMril, MOkKlAC.K I'kOMISSOkV NOTK. 
 
 163 
 
 said recited note ii) the above recital and proviso men- 
 tioned, and any renewal of said recited note which tlie 
 mortgagee shall hereafter endorse for the accommodation 
 of the mortgagor as aforesaid, and all interest and inci- 
 dental expenses to accrue thereon, and will well and 
 truly indemnify and save harmless the mortgagee, his 
 heirs, executors, and administrators, from all loss, costs, 
 charges, damages, or expenses in respect thereof ; and 
 also, in case default shall he made in the j)ayment of the 
 said recited note, or any renewal as in the said proviso 
 mentioned \iontinne as on />. /j^, line /r, <is Jar tis the 
 words *' may seem meet " on />. /j^. Zinc i \. And 
 from and out of the proceeds (jf such sale in the first 
 place to pay and reimburse himself or themselves all 
 such sum and sums of money as may then be secured 
 by virtue of these presents on the said recited note, or 
 any future renewals thereof as aforesaid, and all such ex- 
 [jcnses as may have been incurred by the mortgagee, his 
 executors, administrators, or assigns, in consequence of 
 the default, neglect, or failure of the mortgagor, his 
 executors, administrators, or assigns, in i)ayment of the 
 said recited note or any renewals thereof, as above men- 
 tioned, or in consequence of such sale, or removal, or 
 otherwise, as above mentioned, and in the next place to 
 pay unto the mortgagor, his executors, administrators, or 
 assigns, all such surplus as may remain after such sale, 
 and after payment of all such sum and sums of money 
 and interest thereon, as the mortgagee shall be called 
 upon to pay by reason of endorsing the said recited note 
 in the said recital and proviso mentioned, or any renewal 
 thereof to be endorsed by the mortgagee for the mortga- 
 
 "I 
 
 
1^4 
 
 ClfATTKI, MORTC.Af'.KS. 
 
 j^oras aforosiiid, al iUc limc ot such seizure, and aiter [)ay 
 niLMit of the costs, charges, and expenses incurred hy such 
 seizure and sale, as aforesaid ; provided always, neverthe- 
 less, that it shall not he incumbent on the mortgagee, his 
 executors, administrators, and assigns, to sell and dispose 
 of the said goods and chattels ; but that in case of de 
 fault of payment of the said recited note as aforesaid, 
 it shall and may be lawful for the mortgagee, his 
 executor, 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 interruption of him, the mort- 
 gagor, his executors, administrators, or assigns, or any of 
 them, or any other person or persons whomsoever. And 
 the mortgagor doth hereby for himself, his heirs, 
 executors, and administrators, further covenant, promise, 
 and agree, to and with the mortgagee, his executors, ad- 
 ministrators, 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 he, the mortgagor, his executors or 
 administrators, shall and will forthwith pay or cause 
 to be paid unto the mortgagee, his executors, adminis- 
 trators, and assigns, all such sum or sums of money, 
 together with the interest thereon as may then be re- 
 maining due upon the said note. 
 
 [//ere insert insurance clause from p. 75*5, and such 
 other provisoes from form on p. 1^0 as may he desired.] 
 
 And the mortgagor doth put the mortgagee in full 
 possession of the said goods and chattels by delivering to 
 
such 
 \sirt'd.] 
 Iin iull 
 ring to 
 
 CHATTKr, MOKTO.vnv I'ROMISSOkV NoTK. 
 
 165 
 
 liiiii this indenture in the name of all the said goods and 
 chattels at the sealing and delivery hereof. 
 
 In witnkss, etc. 
 
 Sk;nei), sk.m.ki), etc 
 
 Affidiii'tt of bona fides. 
 
 Ontario ; 
 
 County of — 
 
 I 
 
 of the 
 
 County of- 
 
 To Wit : 
 
 j UK 
 
 — of in the 
 
 — , the mortgagee 
 
 the foregoing bill of sale by way of 
 
 mortgage named, make oath and say : 
 
 That such mortgage truly sets forth the agreement 
 
 entered into between me and the said mortgagor 
 
 therein named, and truly states the extent of the liability 
 intended to be created by such agreement, and covered 
 by such mortgage. And that the foregoing bill of sale 
 by way of mortgage was executed in good faith and for 
 the express purpose of securing me, the said mortgagee 
 therein named, against my endorsement of the said 
 
 promissory note for dollars for the said mortgagor, 
 
 or any renewals of the said recited promissory note as 
 therein set out, and against the payment of the amount 
 of such my liability for the said mortgagor as in said 
 mortgage set out, and not for the purpose of securing 
 the goods and chattels mentioned therein against the 
 creditors of the mortgagor therein named, nor to pre- 
 vent such creditors from obtaining payment of any claim 
 which they may have against such said mortgagor. 
 
 Sworn before me, etc. 
 
 \For affidavit of execution^ see p. /jT'^-] 
 
ifify 
 
 CHATTKI, MOK'IT.Ar.KS. 
 
 CHATTKL MORTGAGE ^ 
 
 To secure future advances of ij^oods. 
 
 This Indenturk made the day of- 
 
 Betwken- 
 
 -, 18- 
 -of the of — -in the County of-- 
 
 , hereinafter called the mortgagor, of the first part, 
 
 and of the of in the County of , , 
 
 hereinaftei called the mortgagee, of the second part. 
 
 Whereas the mortgagor is carrying on business at 
 
 as a , and has applied to tlie mortgagee for 
 
 advances of goods to be supplied lo him upon the usual 
 
 terms of credit, from time to time, for the term of 
 
 calendar months fro*:, the date hereof, to enable him 
 to enter into and carry on his business with such 
 advances, the term of credit for any of such goods not 
 
 to extend in any case beyond the day of , i8 — . 
 
 l^Such date not to be more than one year from the date of 
 the mortgage ^^ 
 
 Ano whereas the mortgagee on the faith of the 
 security given, or to be given by these presents, has 
 agreed to make such advances of goods on the usual 
 terms of credit from time to time as the same may i)c 
 recjuired by the mortgagor in the usual and proper 
 
 course of his said business for the term of calendar 
 
 months from the date hereof, provided he shall not be 
 bound to advance in all goods to the amount of more 
 
 than dollars in value, and provided the term of 
 
 credit for any of such goods shall not in any case extend 
 
 beyond the day of iS — . [Such date not to I'c 
 
 more than one year from the date of the mortgage.^ 
 
 Now iherefore the mortgagor for the consideration 
 hereinbefore recited, atvl in pursuance of the said agrce- 
 
 I i; ' In 'I 
 
C i I ATTKL MORIT; AGK — FUTU R E A IIVANCKS. 
 
 167 
 
 niciit, hath granted, bargained, sold, and assigned, and by 
 these presents doth grant, bargain, sell, and assign unto 
 the mortgagee, his executors, administrators, and assigns, 
 all and singular, the goods, chattels, and effects par- 
 ticularly mentioned and described in the schedule here- 
 unto annexed marked "A." 
 
 To have and to hold all and singular the said goods, 
 chattels, and effects hereinbefore granted, bargained, sold, 
 and assigned, or mentioned or intended so to be, unto 
 tlic mortgagee, his executors, administrators, and assigns, 
 to the sole and only proper use and behoof of the 
 mortgagee, his executors, administrators, and assigns 
 forever. 
 
 Provided always, and these presents are upon this 
 (.xprcss condition, that if the mortgagor, his executors or 
 administrators, do and shall well and truly pay or cause 
 to be i)aid to the mortgagee all sums of money which 
 shall become payable by the mortgagor to the mortgagee 
 for or in respect of all goods which shall be supj)lied by 
 
 the mortgagee to the mortgagor during the i)eriod of 
 
 from the date hereof, punctually when the same shall 
 become payable according to the terms of credit, which 
 
 shall not extend in any case beyond the day of 
 
 18 -, then these presents and every matter and thing 
 iierein contained shall cease, determine, and be utterly 
 void to all intents and purposes, anything herein contained 
 to the contrary thereof in any wise notwithstanding ; and 
 the mortgagor, for himself, his executors and adminis- 
 trators, shall and will warrant and forever defend by these 
 presents, all and singular, the said goods, chattels, and 
 effects unto the mortgagee, his executors, administrators. 
 
 ■ih 
 
 !" 
 
 ' ( 
 
 r-n 
 
 , 
 
viaBvi 
 
 i68 
 
 CHAfTKL MORTGAGES. 
 
 and assigns, against him, the mortgagor, his executors 
 and administrators, and against all and every other 
 person or persons whomsoever, and the mortgagor doth 
 hereby for himself, his executors and administrators, 
 covenant, promise, and agree to and with the mortgagee, 
 his executors, administrators, and assigns, that he will pay 
 or cause to be paid to the mortgagee all sums of money 
 which shall become i)ayable by him, the mortgagor, to the 
 mortgagee for and in respect of all goods which shall be 
 suj>plied by the mortgagee to the moT-tgagor durmg the 
 
 said period of months from t!?e date hereof, in 
 
 accordance with the said agreement, punctually when the 
 same become payable according to the said terms of 
 credit, which shall ut extend in any case beyond 
 the day of 18 — , 
 
 Provided that should default occur in payment of the 
 price of any of the goods so to be advanced or iii 
 case the mortgagor shall attempt \continue as on page Ij2, 
 line 2, to the end <>/ the form\ \ 
 
 In witnkss, etc. 
 
 Signed, sealed, etc. ♦ 
 
 Ontario ; 
 County of 
 
 Ajjidavit of bona fides. 
 
 I, A.H., of the of in the 
 
 County of , , the mortgaj^ec 
 
 in the foregoing bill of sale by way ot 
 
 To Wit : j mortgage named, make oath and say : 
 
 Tliat the foregoing mortgage truly sets forth the 
 
 agreement entered into between myself and C.I), therein 
 
 named, and truly states the extent of the liability intendcti 
 
CHATTEL MORTflAOK- FUl . RF. ADVANfFS. 
 
 1 60 
 
 to be created by such agreement, and covered by the 
 foregoing mortgage ; 
 
 That the foregoing mortgage is executed in good 
 faith and for the express purpose of securing me, the said 
 mortgagee, in the repayment of the said advances which 
 I have agreed to make to CD., the said mortgagor, as in 
 said irirtpage set out ; 
 
 TliuL the foregoing mortgage is not executed for the 
 purpose of securing the goods and chattels mentioned in 
 the schedule attached hereto. mari<ed " A," against the 
 creditors 01 tlic said CD., nor to prevent such creditors 
 from recovering any claim which they may have against 
 the said CD. 
 
 Swc k \ !' fore me, etc. 
 
 yFor aj[iuUivit of execution^ see p. 1^8.] 
 
 18-, 
 
 CHATTEL MORTC.AGE. 
 
 To secure future advances of money. 
 
 This Indknturk made the day of 
 
 Hktwef.n of the of in the County of , 
 
 , hereinafter called the mortgagor, of the first part, 
 
 and of the of in the County of , , 
 
 hereinafter called the mortgagee, of the second part. 
 
 Whkreas the mortgagor has applied to the mortgagee 
 for future advances in money, and for the purpose of 
 enabling the mortgagor to enter into and carry on busi- 
 ness with such advances the mortgagee has this day 
 consented and agreed, u[)on the agreement of the mort- 
 gagor to execute and deliver these presents as security to 
 the mortgagee for the repayment thereof, to advance 
 
 I, 
 
 M 
 
 \ ;■ ^ 
 
 v ; 
 
 \ fl 
 
 -. \ 
 
 < 
 
 *l if 
 
 .» . SK.iS'%^; 
 
 
1 70 
 
 CHATTKt, NfORTC.AOKS. 
 
 5 I 
 
 ^' 
 
 to the mortgagor the sum of dollars in [three] sums 
 
 of dollars each, the first whereof is to be advanced 
 
 to the mortgagor in |ont'] month from the date of these 
 presents ; the second whereof in [two] months from the 
 date of these presents ; and the third whereof in [three] 
 months from the date of these presents; and in con- 
 sideration thereof the mortgagor has this day agreed to 
 execute these presents in order to secure the repayment 
 of the said advances, it being understood and agreed 
 between the parties, however, that the time of repayment 
 thereof shall not be for a longer period than one year 
 from the making of the agreement for such advances, 
 which is the day of the date of these presents. 
 
 Now THKRKFORi'', [coiiti Hi/c (IS OH pui^e i66, line next 
 to Inst, to the word " forever," on p. i6y, line /j]. 
 
 Provided always, and these present^i are upon this 
 condition, that if the mortgagor, his executors or admin 
 istrators, do and shall well and truly pay or cause to be 
 paid unto the mortgagee, his executors, administrators. 
 
 or assigns, the full sum of dollars at the end or 
 
 expiration of [ten] months from the day of the date 
 of these presents, with interest at the rate of- — per 
 centum per annum from the date of the several advances 
 so to be made as aforesaid on such advances, and do 
 and shall well and truly save harmless the mortgagee of 
 and from all loss and damage by reason of these pres- 
 ents, then these presents \continue as on p. i^i^ line 75, to 
 the words "mortgagee in the premises," on p. /j/, line 2\. 
 
 And in consideration of the execution of these pres- 
 ents the mortgagee covenants for himself, his executors, 
 administrators, and assigns, with the mortgagor, his exe- 
 
 'ifrein: 
 
 - — (!,' 
 
 and du 
 
 oj)e 
 
 Ki^fids a 
 
 his exe( 
 
 ffit" pay I 
 
 r.ife of 
 
 
assi(;nmknt of chattki. M()RTga(;e. 
 
 171 
 
 this 
 dmin 
 to be 
 ilovs. 
 nd ox 
 date 
 -per 
 v-anct'S 
 nd do 
 
 igec 
 
 of 
 
 ecutovs, 
 iiis exe 
 
 Tutors, administrators, and assigns, that he the mortgagee, 
 his executors, administrators, and assigns, will faithfully 
 
 advance the said sum of dollars to the mortgagor in 
 
 the manner and at the times hereinbefore specified. 
 
 And the mortgagor covenants with the mortgagee 
 that he will pay the costs, charges, and expenses of and 
 incidental to the taking, preparation, execution, and 
 rei^istration of these presents, and of every renewal 
 thereof. 
 
 In witnkss, etc. 
 
 Signed, sealpid, etc. 
 
 \For alfida7Ht of bona Jides^ see p. r6S.\ 
 
 1 1'or ajjldavit cf execution^ see p. I58.\ 
 
 ASSIGNMENT OF CHATTEL MORTCIAGE. 
 
 rnis Inijknture made the day of , 18—, 
 
 Hi TWKEN of the of in the County of , 
 
 , hereinafter called the assignor, of the first part, 
 
 and of the of — —in the County of , •, 
 
 hf reinafter called the assignee, of the second part. 
 
 Whereas by a certain chattel mortgage dated the 
 
 (lay of , one thousand eight hundred and , 
 
 and duly filed in the County Court of the County of , 
 
 one \ttame of the morfgao^or in full\ mortgaged the 
 
 goods and chattels therein mentioned unto the assignor, 
 his executors, administrators, and assigns, for securing 
 
 the payment of dollars and interest thereon at the 
 
 rate of per cent, per annum, from \(is set out in 
 
 ^ : ■ i II 
 
172 
 
 CHATTKI. MORTGAGES. 
 
 ■) i 
 
 And whkkeas there is now owing upon the said 
 
 mortgage the sum of dollars and interest tliereon at 
 
 the rate aforesaid from the day of , i8 — . 
 
 And whf.reas it has been agreed for the consideration 
 hereinafter mentioned to assign the said mortgage and all 
 money due or to become due thereon to the assignee, and 
 also to grant to the assignee the goods and chattels 
 therein contained and hereinafter set out. 
 
 Now THIS ini»k.vtlji<h: witnksseth that in con- 
 sideration of dollars of lawful money of Canada, now- 
 paid by the assignee to the assignor (the receipt whereof 
 is hereby acknowledged), the assignor doth hereby assign 
 and set over unto the assignee, his executors, adminis- 
 trators, and assigns, all that the said hereinbefore in part 
 
 recited mortgage, and also the said sum of dollars 
 
 and interest thereon now owing as aforesaid, together 
 with all moneys that may hereafter become due or owing 
 in respect of the said mortgage, and the full benefit of all 
 powers and of all covenants and provisoes contained in 
 said mortgage. And the assignor doth hereby grant, 
 bargain, sell, and assign unto the assignee, his heirs and 
 assigns, all and singular, the said goods and chattels 
 therein and hereinafter njore particularly mentioned and 
 described in the schedule endorsed hereon [or hereto 
 annexed], marked ";\." And all the right, title, interest, 
 jjroperty, claim and demand whatsoever of the assignor 
 of, in, to, and out of the same, and every part thereof. 
 
 To have and to iiold the said hereinbefore recited 
 mortgage and the moneys secured thereby, and also the 
 said goods and chattels and every one of them, with their 
 appurtenanco, unto the assignee, his executors, adminis 
 
 To 
 
 'I'hal 
 'o'lsid 
 
 |i!i 
 
ASSK.NMr.N I or CI!Airi:i- MOkKiACK. 
 
 n^ 
 
 trators, and assigns absolutely ; subject to the proviso for 
 redemption contained in the said mortgage. 
 
 And the assignor for himself, his executors and 
 administrators, doth hereby covenant with the assignee, 
 his executors, administrators, and assigns, that the said 
 
 sum of dollars and interest thereon at the rate afoie- 
 
 said from the day of 18 — is noW justly due, 
 
 owing, and unpaid upon and by virtue of the said 
 mortgage, and that he has not done or permitted any act, 
 matter, or thing whereby the said mortgage has been 
 released or discharged, or the said goods and chattels in 
 any wise encumbered, or whereby the said goods and 
 chattels or any of them have been or may be removed 
 from the premises mentioned in the said chattel mortgage, 
 and that the assignor, his executors and administrators, 
 will upon the request and at the cost of the assignee, 
 his executors, administrators, and assigns, do, perform, 
 and execute every act necessary for further assuring the 
 said mortgage and money, goods, and chattels, and for 
 enforcing the performance of the covenants and other 
 matters contained in the said mortgage. 
 
 In witness, etc. 
 
 ShiNED, SEALED, etC. 
 
 Ontario ; 
 Countv of- 
 
 4jjidavit of bona fides. 
 
 I, of the— 
 
 County of- 
 
 -of 
 
 in the 
 
 -, , in the fore- 
 going assignment named, make oath 
 To Wit : j and say : 
 
 That the sale therein made is bona fide, and for good 
 consideration, namely, in consideration of the sum 
 
 M ^ 
 
 t.u 
 
 m 
 
 ,,IIH i*iiJ 
 
I 
 
 ; I* 
 
 i; . I: 
 
 n 
 
 I M 
 
 If 
 
 174 
 
 CKATTKL .MORTGAGES. 
 
 of dollars as set forth in the said within assignment, 
 
 and is not for the purpose of holding or enabling nic this 
 deponent to hold the goods mentioned therein against 
 
 the creditors of , the assignor therein named. 
 
 Sworn before me, etc. 
 
 Ontario; 
 County of- 
 
 Ajffidavit 0/ execution, 
 I, of the — 
 
 -of 
 
 To Wit 
 
 County of 
 say : 
 
 — in the 
 -,niake oath and 
 
 That I was personally present and did see the fore- 
 going assignment of chattel mortgage duly signed, sealed, 
 
 and executed by [one of] 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 the of- . 
 
 Sworn before me, etc. ' 
 
 AUTHORirV TO .ACIENT 
 
 To ri'ne7v a certain /Norti:;a}!;e. 
 
 Know all men by these presents that I, C.I)., of tin; 
 — of in the County of , , do hereby nom- 
 
 inate, constitute, authorize, and appoint I'^.F., of tlic 
 
 of in the County of , , as my true and 
 
 lawful agent and attorney for me and in my name, and 
 for my sole u.se and benefit, to renew a certain chattel 
 mortgage to me from one A.B. of the of — —in the 
 
 ■M 
 
AUTHokirv i(t \(;i.Ni 
 
 '75 
 
 ('ounty of- , , sucuring lo mc on certain goods 
 
 and chattels the sum of dollars, which said mortgage 
 
 hears date the— —day of 18 — , and was filed in the 
 
 office of the Clerk of the County Court of the County 
 
 of , on the day of 18 — , at the hour of 
 
 o'clock in the noon, and for all and every of the pur- 
 poses aforesaid I do hereby give and grant unto my said 
 agent and attorney full power and authority to do, per- 
 form, and execute all acts, deeds, matters, and things 
 necessary to be done and performed, aiiu all proceedings 
 lo lake necessary to be taketi in and about the pretnises, 
 I liereby ratifying, confirming, and allowing, and hereby 
 agreeing to ratify, confirm, and allow, all and whatsoever 
 my said agent and attorney shall lawfully do or cause to 
 he done by virtue hereof. 
 
 In witnkss, etc. 
 
 SlCXKD, SKAI.KI), etc. 
 
 AUTHDRrrv TO ACENT BY A COMPANY 
 
 I'o take and retu"ii\ etc.^ a certain worti^a^i^^e. 
 
 Know ai.i, mk\ by these presents that we, the 
 
 Coinpany, do hereby make, nominate, constitute, and 
 
 appoint of the of in the County of , 
 
 , our true and lawful attorney and agent, for us and 
 
 in our name, place, and stead, to take and receive from 
 
 of the Township of in the County of , , 
 
 a certain chattel mortgage dated the day of 18 — 
 
 for dollars and interest thereon, payable as therein 
 
 [)rovided ; and to renew the said mortgage when and as 
 often as it may be necessary to do so, and to make such 
 
 t V 
 
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 176 
 
 CHATTKI, MOR |(;A(;KS. 
 
 arfulavit or affidavits as may he rc(|uired for the registra 
 tioii thereof and of any renewal or renewals thereof, and 
 for all and every of the purposes aforesaid do herehy 
 give and grant unto our said attorney and agent full and 
 absolute power and authority to do, perform, and execute 
 all acts, deeds, matters, and things necessary to be done 
 in the premises, and also to commence, institute, and 
 prosecute all actions, suits, and other proceedings which 
 may be necessary or expedient in and about the premises, 
 as fully and effectually to all intents and purposes as the 
 said Company could act ; the said Company hereby 
 ratifying and agreeing to ratify and confirm all and what- 
 soever their said attorney shall lawfully do or cause lo be 
 done by virtue hereof. 
 
 As WITNESS, our corporate seal and the hand of 
 
 [manager] of the said Company, this day of 
 
 18—. 
 
 Witness : ) , • 
 
 / 
 
 AUTHORITY TO AGENT 
 
 To fake and rcnav all morh::;a^es. 
 
 Know all men by these presents that I, C.I)., of 
 
 the of in the County of , , do hereby 
 
 nominate, constitute, authorize, and appoint E.F. of the 
 
 of in the County of , , as my true and 
 
 lawful agent and attorney for me and in my name, and 
 for my sole use and benefit to take and renew all and 
 anv bills of sale by way of chattel mortgage necessary to 
 be taken and renewed for me and on my behalf from 
 
STMIMIA'T f>\ RIAKWM, OK MdRn.ACI. 
 
 '77 
 
 any person or persons whomsoever as 1 myself could do, 
 and for all and every of the purposes aforesaid I 
 hereby }j;ive and grant unto my said agent and attorney 
 full power and autlwrity to do, perform, and execute all 
 acts, deeds, and matters necessary to be done and 
 l)orformed, and all proceedings to take necessary to be 
 taken in and about the premises, I hereby ratifying, 
 confirming, and allowing, and hereby agreeing to ratify, 
 confirm, and allow all and whatsoever my said agent and 
 attorney shall lawfully do or cause to be done by virtue 
 thereof. 
 
 In witness, etc. 
 
 SioNKi), sp:.\r,En, etc. " 
 
 SFATEMEN r ON RICNEWAL OF CHATTEL 
 
 MOKrOA(iE. 
 
 Statement exhibiting the interest of [morti^aa^ee^ 
 
 assignee of mortgagee, or their age/it], of the of in 
 
 the County of , , in the property mentioned in 
 
 a chattel mortgage dated the day of 18 — , made 
 
 between of the of , , of the one part, 
 
 and of , , of the other part, and filed in the 
 
 otitice of the Clerk of the County Court of the County of 
 
 on the day of 18 — , and of the amount due 
 
 for principal and interest thereon, and of all payments 
 made on account thereof. 
 
 The said is still the mortgagee of the said property 
 
 and has not assigned the said mortgage [or the said 
 
 ' n 
 
 is the assignee of the said mortgage by virtue of an 
 
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 CHATIKt, Mf)RI(;.\C.KS. 
 
 assignment tliereof from the said -to him dated the 
 
 day of 1 8 — |. 
 
 No payments have been made on account of the said 
 mortgage [or the following payments. and no other have 
 been made on account of the said mortgage : 
 
 A.l). 1 8 — , Cash received, $ ]. 
 
 The amount still due for principal and interest on the 
 
 said mortgage is the sum of dollars, computed as 
 
 follows: Sjicrc i:;'iV': the coin putatiori\. 
 
 Dated o.t this day of 18 — . . . 
 
 [^'^v/ hcre.\ 
 
 Alfidixi'if fo accompany the fongoini^. 
 
 County of \ I, , of the of ^in the 
 
 / County of , , the mortgagee 
 
 ! [(■;/' the agent of, or the assignee of 
 the mortgagee] named in the chattel mortgage men- 
 tioned in the foregoing \<>r annexed] statement, make 
 oath and say : 
 
 (i) 'I'hat the foregoing [r^A- annexed] statement is true. 
 
 (2) That the chattel mortgage mentioned in the said 
 statement has not been ke[)t on foot for any fraudulent 
 purpose. 
 
 [ IVhere the affidavit is made hy an a^cnt of the mort- 
 j^ax^ee add : — 
 
 (3) That I am fully acquainted with all circumstances 
 relating to said chattel mortgage, and the taking and 
 renewing thereof. 
 
 (4) I'hat I am the attorney and agent of the said mort- 
 

 DISTRESS VVARHANT. 
 
 179 
 
 gagee, duly appointed in writing for the purpose of tak- 
 uv^ and renewing the said chattel mortgage, a copy of 
 my authority being hereto annexed.] 
 
 Sworn before me, etc. ' ' 
 
 DISTRESS WARRANT. 
 
 Under chattel mort^a^i:;e. 
 
 To , my bailiff, in this behalf. 
 
 You are hereby authorized and rec[uired to seize and 
 take all the goods and chattels mentioned in the mort- 
 gage [a copy whereof is] hereunto annexed wherever the 
 same may be found, and the same to sell and dispose of 
 as provided by the said mortgage so as to realize the 
 
 si"ii of dollars now due and owing to me, by virtue 
 
 of the provisions therein contained, and the said sum, 
 or so much thereof as may be realized, to pay over to 
 iiic, my executors, administrators, or assigns, and [proceed 
 thereupon to obtain possession of such goods and 
 chattels, and for the recovery of the said sum as the law 
 directs and the said indenture permits, and for your so 
 doing this shall be your sufficient warrant and authority. 
 
 WiiNKss my hand and seal this day of , 
 
 18—. , , 
 
 WnxKss: 
 
 ) 
 
 I'lSCllARdE OF CHATTEL MORTGAGE. 
 
 r«) the ('Icrk of the County Court of . 
 
 1, , of the of in the County of- 
 
 ilo certify tiiat of the of — —in the County of 
 
 1 
 
 li 
 
 
 'M 
 
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 If t^ 
 
 r? 
 
 1. 1 
 
V 
 
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 180 
 
 CFIATTP:!, M0RT(;A(-F.S. 
 
 , , has satisfied all money due on or to grow 
 
 due on a certain chattel mortgage made by to , 
 
 which mortgage bears date the day of 
 
 18- 
 
 and was registered [(^r, if niortgdi^e has been re^ieived, was 
 re-registered] in the office of the Clerk of the County 
 
 Court of the County of ^on the day of -^ 18 — , 
 
 as number— — -. [Here ^ivc day and date of registration 
 of each assi<^nnient and names of parties. If the inortga^^e 
 has not been assigned, state this fact.^ 
 
 And that I am the person entitled by law to receive 
 the money, and that such mortgage is therefore dis- 
 charged. 
 
 Witness my hand this day of , 18 — . 
 
 Witness: 
 
 } 
 
 County of- 
 
 AJJldar't of execution. 
 
 I, , of the— 
 
 County of , , 
 
 say : 
 
 -of- 
 
 -in the 
 
 make oath and 
 
 To Wit : 
 
 (1) That I was personally present, and did see the 
 within certificate of discharge of chattel mortgage duly 
 signed and executed by , one of the parties thereto. 
 
 (2) That the said certificate was so executed at the 
 of in the County of . 
 
 (3) That I know the said party. 
 
 (4) That I am a subscribing witness to the said cer- 
 tificate. 
 
 §woRN before mc, etc, 
 
I!,f 
 
 BONDS. 
 
 i i: 
 
 BOND. 
 By one person, 
 
 ' (fleneral F'ortn.) 
 
 Know all men by these presents that I of 
 
 \(>/>//i:^or\ am held and firmly bound unto of 
 
 [()/>//\^ec] in the penal sum of dollars of lawful money 
 
 of Canada, to be paid to the said [o^/ixee\ or to his 
 
 executors, administrators, or asigns, for which payment 
 well and truly to be made I bind myself, my heirs, exe- 
 cutors, and administrators firmly by these presents. 
 
 Sealed with my seal and dated this day of , 
 
 18—. 
 
 The condition of this obligation is such that if [/lere 
 stafe purpose /or which bond is ji^^iven] then this obligation 
 shall be void, but otherwise shall be and remain in full 
 force and virtue. 
 
 Signed., sealed, and delivered 
 in the presence of 
 
 BOND. 
 
 By tivo or more persons. 
 
 (General Form.) 
 
 Know all men by these presents that we 
 
 and of [ol>/ii^ors'\ are held and firmly bound unto 
 
 'of \oNigee\ in the penal suni of dollars of 
 
 -of- 
 
 i\ 
 
 m. 
 
l82 
 
 ItONDS. 
 
 P, i 
 
 lawful money of Canada, to be paid to the said— — 
 [i>/^//X^e], or to his executors, administrators, or assigns, 
 for which payment well and truly to be made we jointly 
 and severally bind ourselves, our and each of our heirs, 
 executors, and administrators firmly by these presents. 
 
 Sealed with our seals and dated this day of , 
 
 i8— . 
 'V HE cosDiTioyi [as i// form (i/>(>7'e]. 
 
 SiCNED, SEALED, etC. 
 
 BOND OF INDEMNITY. 
 
 ( General Foriu.) 
 Know all mkx by these presents that I 
 
 -of- 
 
 \(>bUi::;or\ am held imd firmly bound unto \i)blii::;ee\ in 
 
 the penal sum of- dollars of lawful money of Canada, 
 
 to be paid to the said [ohU^^cc\, or to his executors, 
 
 administrators, or assigns, for which payment well and 
 truly to be made I l)ind myself, my heirs, executors, and 
 administrators, and every of them forever firrnly by these 
 presents. 
 
 Sealed with my seal and dated this day of , 
 
 i8— . 
 
 The condition of this obligation is such that if the 
 
 above bounden \()hlii^or\ his heirs, executors, and 
 
 administrators, do and shall from time to time and at 
 all times hereafter well and truly save, defend, and 
 
 keep harmless, and fully indemnify the said [^W/i^w], 
 
 his heirs, executors, and administrators, and his and their 
 lands and tenements, goods, chattels, and effects, ol, 
 from, and against all loss, costs, charges, damages, and 
 
 li ( 
 
I!ONr> !)!.• |\I»K\FNM IN-. 
 
 t.^;. 
 
 f- 
 
 expenses which tlic said -l t>/>//xrc\ his heirs, cxirii 
 
 tors, or administrators, or any of theni, may at any time 
 or times hereafter hear, sustain, suffer, l)e at, or he put 
 unto, for, or hy reason or on account of [/icrc state the 
 particular matter or thing aj^ainst ivhich the obli;^ee is to 
 he indemnifu'd\ or anything in any matter relating there- 
 to, then this ohhgation sliail Ije void, but otherwise 
 shall be an^ remain in full force and virtue. 
 
 SlONEO, Sli.M.KD, etc. 
 
 BOND OF INDEMNITY. 
 
 Upon payini:^ a lost note. 
 Know \\.\, men by these presents that I 
 
 -of- 
 
 hereinafter called the obligor, am held and firmly bound 
 
 unto— of hereinafter called the obligee, in the 
 
 penal sum of dollars of lawful money of Canada, to 
 
 he j)aid to the obligee, or to his rxecutors, administra- 
 tors, or assigns, for which payment well and truly to be 
 made I bind myself, my heirs, executors, and adminis- 
 trators, firmly by these presents. 
 
 Sealed with my seal and dated this day of , 
 
 18-. 
 
 Whereas the obligee by 1 promissory note made by 
 
 liim, and dated the day of , t8— , did promise 
 
 to pay to or order [months] alter date the sum 
 
 of dollars [and such note was afterwards endorsed 
 
 l)y the said and others, and became the property of 
 
 the obligor, as the obligor avers]. 
 
 And whereas the obligor alleges that the said note 
 has been lost or destroyed, and the obligee has this day 
 
 !'! t\ 
 
 >' i 
 
 \\ ! 
 
 I l''l 
 
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if 
 
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 nONDS. 
 
 j)aid the obligor the said sum of dollars in full satis- 
 faction and discharge of the said note (the receipt where- 
 of is hereby acknowledged). 
 
 Now THKKKFORK THi': CONDITION of this obligation is 
 such that if the obligor, his heirs, executors, or adminis- 
 trators, or any of them, do and shall from time to time 
 and at all times hereafter save, defend, keep harmless, 
 and indemnify the obligee, his executors and adminis- 
 trators, and the goods and chattels, lands and tenements 
 of the obligee of, from, and against the said note, 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 cancelled, then 
 this obligation shall be void, but otherwise shall be and 
 remain in full force and virtue. 
 
 Signed, sealed, etc. 
 
 BOND FOR PAYMENT OF MONEY 
 
 By two persons. 
 Know all mrn by these presents that we- 
 
 -of- 
 
 and 
 
 of- 
 
 -of 
 
 \ohli^^ors^ are held and firmly bound unto 
 
 -\ohli^ee\ in the penal sum of dollars of 
 
 lawful money of Canada, to be paid to the said 
 
 \i)bli^ee\ or to his executors, administrators, or assigns, 
 for which payment well and truly to be made we jointly 
 and severally bind ourselves, our and each of our heirs, 
 executors, and administrators, firmly by these presents. 
 
 Sealed with our seals and dated this — —day of- — -, 
 i8— . 
 
ars 
 
 Lssigns, 
 1 jointly 
 heirs, 
 sents. 
 
 l!r)M) TO CuNVKV lAND. 
 
 >S5 
 
 Thp: condition of this obligation is such that if the 
 
 above bounden and— -[(f/>/i,i^ors], or either of them, 
 
 or his or their heirs, executors, or administrators, shall 
 well and truly pay or cause to be paid to the above- 
 named [rW/X'w], his executors, administrators, or 
 
 assigns, the sum of dollars of lawful money of Can- 
 ada, with interest thereon at the rate of per cent. 
 
 per annum, as follows , then this obligation shall be 
 
 void, but otherwise shall be and remain in full force and 
 virtue. 
 
 Signed, sealed, etc. 
 
 BOND TO CONVEY LAND. 
 
 Know all men by these presents that I of the 
 
 — of in the County of , [o/'Z/j^'or] am held 
 
 and firmly bound to of the of in the County 
 
 of , [(?/>//xt'e'\ in the penal sum of dollars to 
 
 be paid to said [od/il^ce], or to his executors, administra- 
 tois, or assigns, for which payment well and truly to be 
 made I bind myself, my heirs, executors, and adminis- 
 trators, firmly by these presents. 
 
 Sealed with my seal and dated this day of , 
 
 18—. 
 
 Whereas the above bounden [o/>//i^/>r] has agreed to 
 sell and convey to the said [r;/V/j,w], in fee simple, by a 
 good and sufficient deed containing the usual covenants, 
 all that certain parcel of land, situate, etc., upon the fol- 
 lowing terms and conditions — — , and in consideration of 
 
 the sum of dollars payable in manner following, that 
 
 is to say : . 
 
 Ji * 
 
 It 
 
 i;tt 
 
1 86 
 
 I'.CiNDS. 
 
 i 
 
 A\n WHEREAS tlie said [o/f/t'xir] has at;reed to pur 
 chase from the said [tj/)/i^^ot\ the said lands ui)on the 
 conditions aforesaid. 
 
 Now THK coNDriiON of this oblif'ation is such that if 
 the ahove bounden [('/>//i;;(>r] shall at the reciuest of the 
 
 said [^W/i,i't'], his heirs or assigns, on or before the 
 
 day of , 1 8 — , absolutely convey to the said [(>/>//\re], 
 
 his heirs or assigns, or to such person or jjcrsons as the 
 said [(>/>//]i^V('] shall director appoint, the said land herein 
 before mentioned, conformably to the said agreement, 
 provided the said [///'//^cc] shall have duly paid the sum 
 
 of dollars in the manner hereinbefore mentioned. 
 
 then this obligation shall be void ; but otherwise shall 
 l)e and remain in full force and virtue. 
 
 Signed, si:aleii, etc. 
 
 ■ .ji 
 
 ( I 
 
 i 
 
 IJONl) COLl-ATKRAL TO MORTGAGE. 
 
 Know aij. mi;\ by these presents that I of- 
 
 heieinafier called the obligor, am held and firmly bound 
 
 unto of — —hereinafter called the obligee, in the penal 
 
 sum of dollars of lawful money of Canada, to be 
 
 paid to the obligee, his executors, administrators, or 
 assigns, for which payment well and truly to be made I 
 bind myself, my heirs, executors, and administrators, by 
 these presents. 
 
 Skai.kd with my seal and dated this day of , 
 
 i8— . 
 
 WiiKKKAs of is the owner of all that certain 
 
 parcel of land, situate, etc., and by indenture [bearing 
 
 ri::Ni 
 
bound 
 
 penal 
 
 Ito he 
 
 ^rs, or 
 
 ladc I 
 
 |)rs, l)y 
 
 If^ , 
 
 :ertain 
 bearing 
 
 iioNi> roi,i..\ri;k.\i, to mortgack. 
 
 .S7 
 
 even date herewith] has niortj^aged the said lands to the 
 ol)h^ee to secure the payment to him of - dollars and 
 
 interest, at per cent, per annmn. in the manner 
 
 therein set forth. 
 
 Now THK CON'KITION of this obligation is such that if 
 
 the said [;;/^Wi,''f?i,'v;/'], 'lis heirs, executors, or adnnnis- 
 
 trators, do well and truly pay to the ohlij^ee the moneys 
 due l)y virtue of the said indenture of mortgage, and 
 observe and perform ail the covenants and provisoes in 
 the said mortgage expressed or implied, then this obli- 
 gation shall be void ; but otherwise shall remain in full 
 force and virtue. 
 
 Provided that the obligee, his heirs, executors, admin- 
 istrators, or assigns, shall not be bound to take any pro- 
 ceedings to enforce the said mortgage before resorting to 
 his remedy against the obligor ; and provided that the 
 obligee, his heirs, executors, administrators, and assigns, 
 shall be at liberty from time to time and at all times 
 during the continuation of said mortgage or any exten- 
 sion thereof, in his or their discretion, to accept other 
 securities collateral to the said mortgage, or to allow the 
 iaid mortgage moneys to be in arrear, or to extend the 
 time for payment thereof, or of any part thereof, or to 
 release part of the said lands or otherwise deal with the 
 said mortgage security in such manner as the obligee, 
 his heirs, executors, administrators, or assigns, may see 
 lit, and without the consent of the obligor, his heirs, 
 executors, or administrators, and that, notwithstanding 
 the same, this security shall continue in full force as long 
 as any moneys remain due or unpaid on the said mort- 
 
 SlONKlJ, SEALED, etC. 
 
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 MONI) I'OK I'IDKLI'i'V OK CI.KKK. 
 
 Know ai.i, mkn by these presents that we A.K. of 
 
 and CD. of are held and firmly hound unto 
 
 K.I"", of in tlie penal sum of -dollars of lawful 
 
 money of Canada, to be paid to the said K.F., or his 
 executors, administrators, or assigns, for which payment 
 well and truly to be made we jointly and severally 
 bind ourselves, our and each of our heirs, executors, and 
 administrators firmly by these presents. 
 
 Si'.AM.i) with our seals and dated this day of , 
 
 i8— . 
 
 Whkkk.xs the said E.F. has agreed to admit G.H. into 
 his service as a clerk, and to continue him in such service 
 
 [subject to months notice in writing on either side] 
 
 on our becoming sureties for the said G.H. faithfully 
 serving and accounting to him the said E.F., his execu- 
 tors and administrators, and other the person or persons 
 who shall have become partner or partners with him, and 
 his or their executors and administrators, in the manner 
 hereinafter n)entioned, so long as the said (j.H. continues 
 in such service ; and whereas by the above written obli- 
 gation we have become sureties accordingly. 
 
 Now THE CONDITION of this obligation is such that if 
 the said G.H. shall faithfully serve, and from time to 
 time and at all times account for and pay over to the 
 said E.F., his executors and administrators, and other 
 the person or persons who shall have become partner or 
 partners with him, and his and their executors and 
 administrators, all moneys, securities for money, goods 
 
C.ONP IKK sr.crKMN InU Cns TS. 
 
 fSf) 
 
 and effects whatscx'vcr wliirli he the said (l.ll. shall 
 receive for their or any of their use, or for the use of any 
 person or body politic to whom they or either of them 
 shall 1)0 accountable, or which shall be entrusted to his 
 (aie by them, or eitiier or any of them, or by or for any 
 person or body politic to whom they or any of them 
 shall be accountable, and shall not embezzle, withhold, 
 destroy, or anywise injure any such moneys, securities 
 for money, i;oods and effects as aforesaid, or any books, 
 l)apers, writings, goods or effects of them or cither or anv 
 of ihem, then this obligation shall be void ; but otherwise 
 shi.ll be and remain in full force and virtue. 
 
 Provided always that each of the said sureties, or his 
 executors or adminis.ia. >rs, shall not be held separately 
 liable for more *han one-half of the penal sum secured 
 by the above written obligation, and also that each of 
 said sureties may put an end to his liability on the above 
 written obligation by giving to the said E.F., his execu- 
 tors or administrators months notice in writing of 
 
 his intention so to do, and shall be free from liability 
 for any event or default happening after the exi)iration of 
 such notice. 
 
 Signed, sealed, etc. 
 
 ■i 
 
 11 
 
 U 
 
 
 
 i !■ 
 
 Ill 
 
 h^' 
 
 BOND FOR SECURITY FOR COSTS. 
 
 Know all men by these presents that we, A.B., of the 
 
 of , , and CD. of the of , , are 
 
 jointly and severally held and firmly bound to E. F. of 
 the -of , . in the penal sum of dollars of 
 
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 lawful money of Canada, to be i^aid to '.he said E.F., or 
 to his executors, administrators, or assigns, for which 
 payment well and truly to be made we bind ourselves 
 and each of us, our and each of our heirs, executors, 
 and administrators, firmly by these presents. 
 
 Sealed with our seals and dated this day of , 
 
 18—. 
 
 Whereas an action has been commenced and is now 
 pending in the Court of wherein is the plain- 
 tiff, and the above-named E.F. is the defendant, and an 
 order has been granted by the said Court whereby it 
 is ordered that all proceedings in said action be stayed 
 until security be given by the said plaintiff in the penal 
 
 sum of dollars to answer the defendant's costs in the 
 
 said action. 
 
 And whereas the above bounden A.B. and C.I)., at 
 the request of the said plaintiff, have agreed to enter into 
 the above written obligation, subject to the condition 
 hereinafter contained. 
 
 Now THE C0NM)IT10N of the abovc written bond is 
 such that if the said plaintiff, or any plaintiff substi- 
 tuted in his stead, discontinue c: become nonsuited in 
 the said action, or in case the said action is referred to 
 arbitration and an award is made against the said plain- 
 tiff or any substituted plaintiff therein, or if the said — - 
 the defendant or any substituted defendant obtain a jmk- 
 ment or verdict or any other order or judgment therein, 
 then or in either of the said cases, if the above bounden 
 A.B. or CD. or either of them, their or either of their 
 executors or administrators, do pay or cause to be paid 
 unto the said E.F., his executors, administrators, or 
 
r.ONJ) KOR SECURITY FOR COSTS. 
 
 191 
 
 assigns, his or their costs to be taxed in the said action, 
 then this obhgation shall be void ; but otherwise to be 
 and remain in full force and virtue. 
 
 SUINED, SEALED, ClC. 
 
 In the- 
 
 Allidavif of jnstijication. 
 -Court of . 
 
 [ Division] 
 
 Between plaintiff, and E.F., defendant. 
 
 We, a. B., of the of in the County of , , 
 
 and C.l). of the of in the County of— , -, 
 
 do severally make oath and say : 
 
 That we are the obligors named in the within bond, 
 and I, this deponent, A.B., for myself make oath and say : 
 That I am a freeholder residing in the of afore- 
 said, and that I am worth the sum of dollars over 
 
 and above what will pay all my debts. And I, this 
 do[)C)nent, CD., for myself make oath and say : That I 
 
 am a freeholder residing in the of aforesaid, and 
 
 ihai I am worth the sum of dollars over and above 
 
 what will pay all my debts. 
 
 The above-named A. B.] 
 and CD. were severally 
 ^woRN before me, etc. 
 
CONDITIONS OF SALE. 
 
 CONDITIONS OF SALE. 
 
 .v.'. ?;/r//;/(,'' conditions of the Court. 
 (i) No person shall advance less than $■ 
 
 -at any 
 
 l.)idding under $ nor less than $ at any bidding 
 
 over $ , and no person shall retract his bidding. 
 
 (2) The highest bidder shall be the purchaser, and, if 
 any dispute arise as to the last or highest bidder, the 
 property shall be put up at a former bidding. 
 
 (3) The parties to the action, with the exception of 
 the vendor, and , shall be at liberty to bid. 
 
 (4) The purchaser shall, at the time of sale, pay down 
 
 a deposit in the proportion of $ for every $ of 
 
 the purchase money to the vendor or his solicitor, and 
 shall pay the remainder of the purchase money on the 
 day of next, and upon such payment the pur- 
 chaser shall be entitled to the conveyance and to be let 
 mto possession, the purchaser at the time of sale to sign 
 an agreement for the completion of the purchase. 
 
 (5) The purchaser shall have the conveyance prepared 
 at his own expense, and tender the same for execution. 
 
 (6) If the purchaser fails to comply with the condi 
 tions aforesaid, or any of them, the deposit and all other 
 l)ayments made thereon shall be forfeited, and the pre 
 mises may be re-sold, and the deficiency (if any) by such 
 re-sale, together with all charges attending the same or 
 
•w 
 
 f 
 
 ly down 
 
 $ — -0^ 
 tor, and 
 on t^e 
 the pu^ 
 to be let 
 le to sign 
 
 |e. 
 
 [prepared 
 
 ■cution. 
 le cond'. 
 all other 
 the pre- 
 •) \)y suc\^ 
 same or 
 
 CONDITIONS OK SALK. 
 
 J93 
 
 occasioned by the defaulter, are to be made good by 
 the defaulter. 
 
 Dated the day of , A.D. i8 — . 
 
 I AGRKE TO PURCHASE the property [or lot ] men- 
 tioned in the annexed particulars for the sum of 
 
 and upon the terms mentioned in the above conditions 
 of sale. 
 
 Dated the day of , A.D. i8 — . 
 
 Witness : ) 
 
 CONDITIONS OF SALE. 
 
 (Connnofi Form.) 
 
 By auction of the lands mentioned in the annexed 
 particulars. 
 
 (i) The property will be put up in lot, subject to 
 
 a reserved price. 
 
 (2) The highest bidder shall be the purchaser, and, 
 if any dispute shall arise between two or more bidders, 
 the property in dispute shall be put up again. No per- 
 son shall advance at any bidding less than dollars, 
 
 and no bidding shall be retracted. 
 
 (3) The purchaser shall, immediately after the sale, 
 
 pay to the vendor a deposit of per cent, of the 
 
 amount of his purchase money and sign an agreement 
 to complete the purchase according to these conditions. 
 
 (4) The remainder of the purchase rjoney shall be 
 
 paid as follows, that is to say : dollars on the 
 
 day of , 18 — , at the office of , the vendor's 
 
 solicitor, and the remainder- 
 
 And the purchase of 
 
 m 
 
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 194 
 
 roNDt'l'lONS ok SALl:. 
 
 ff 
 
 shall on the said day of be completed at 
 
 the said office. And in case, from any cause whatever, 
 
 the purchase of shall not he completed on the said 
 
 day of- the purchaser thereof shall pay interest 
 
 at the rate of per cent, per annum on the whole 
 
 unpaid purchase money from that date until the com- 
 pletion of the purchase. 
 
 (5) The purchaser shall be entitled to possession from 
 
 and after . The vendor will pay out of the purchase 
 
 money all taxes, local improvement rates, and other 
 assessments up to the thirty-lirst day of December last, 
 and the taxes for the current year. All insurance and 
 rents shall be apportioned to the date of the completion 
 of the sale. 
 
 (6) The purchaser is to be allowed days to search 
 
 the title, and shall send his objections and requisitions 
 (if «ny) to the office of the vendor's said solicitor in 
 writing within the said tune, and in default of such 
 objections and requisitions (if none) and subject only to 
 such (if any) shall be deemed to have accepted the title, 
 and any answer to any such or subsequent objection or 
 
 requisition shall, within days from the delivery of 
 
 such answer, be replied to by a statement in writing, 
 transmitted to the said office, and if not so replied to 
 and accepted in so far as so replied to shall be con- 
 sidered satisfactory, and the objection or requisition to 
 which such answer shall have been made shall be con- 
 sidered as waived, and time shall be considered the very 
 essence of this condition. 
 
 (7) If any objection or requisition shall be made and 
 insisted on which the vendor shall be unable or unwill 
 
m 
 
 at 
 
 er, 
 
 aid 
 
 rest 
 
 \o\e 
 
 ;om- 
 
 from 
 :hase 
 other 
 r last, 
 ;e and 
 )\et\on 
 
 lade and 
 hr unvvil^ 
 
 CONDIIIoNS OK SM.K. 
 
 •ys 
 
 ing to remove or comply with, the vendor shall be at 
 liberty (notwithstanding any intermediate negotiation on 
 the subject of such objection or requisition, or attempts 
 to remove or comply with the same), by notice in writing 
 to the purchaser making the same, to rescind the sale, 
 in which case such purchaser shall receive back the 
 amount pciid on account of purchase money, with 
 
 interest at per cent, per annum in full satisfaction of 
 
 all claims. 
 
 (8) The vendor shall not be called upon to [)roduce 
 , nor shall any covenant be required for the produc- 
 
 tion of any documents or evidence of title not in the ven- 
 dor's possession, and the expense of the production 
 and examination, and of making and furnishing abstracts 
 of all documents and evidences of title (if any) not in 
 the vendor's possession, and of obtaining, making, and 
 producing all copies of or extracts from any records, 
 registers, or documents, whether in the vendor's posses- 
 sion or not, and of registering any documents which the 
 purchaser shall require to be registered, and of all 
 declarations and other evidence, and of all journeys, 
 searches, and enquiries made or required for verification 
 or completion of the abstract, or the inspection or 
 oi)taining of any documents or evidences of title or 
 otherwise shall be borne by the purchaser requiring the 
 same. 
 
 (9) Upon the completion of the purchase at the time 
 and place aforesaid, the vendor will execute a proper 
 assurance to the purchaser of the premises purchased, 
 such assurance to be prepared by the vendor's solicitor, 
 the expense thereof to be borne by the purchaser. A draft 
 
 %j\ 
 
 
 J '-ii 
 
 Ml i ; 
 
196 
 
 CONDITIONS OF SALE. 
 
 ' 
 
 of such assurance is to be ready at the office of the 
 
 vendor's solicitor not less than days before the day 
 
 for the execution thereof, for examination and approval 
 by the purchaser's solicitor. 
 
 ( I o) The vendor is a mortgagee [(fr as the case may be^ 
 selling under a power of sale, in a certain mortgage, and 
 shall not be required to enter into any covenant other 
 than a covenant that the vendor has not encumbered the 
 property. 
 
 \Here insert any special pnrvisions^ " 
 
 (11) The description of the property in the particulars 
 is believed to be correct; but if any error be found 
 therein, the same shall not annul the sale, nor shall any 
 compensation be allowed in respect thereof. 
 
 (12) It shall not be necessary for the vendor to tender 
 a conveyance in any event. 
 
 [(13) The vendor will, if required, advance to the 
 purchaser on mortgage on the property sold a sum not 
 
 exceeding ^doUars for a period not to exceed 
 
 years at the rate of per centum ^^er annum, com- 
 puted from , such mortgage to he in the usual 
 
 statutory form {or as is desired)?\^ 
 
 If the purchaser shall fail to comply with the above 
 conditions, the said deposit money shall be forfeited 
 to the vendor, and the vendor may thereupon, with or 
 without no ice to such purchaser, and either by public 
 auction or private contract resell the property in such 
 manner as the vendor shall think fit, and any deficiency 
 m price which may happen on and all charges and 
 expenses attending such re-sale shall be borne by such 
 purchaser at the present sale, and shall be recoverable 
 
 4 
 
CONDITIONS OF SALE. 
 
 197 
 
 by the vendor as and for liquidated damages. And it 
 is hereby agreed that the amount of said deposit and 
 the deficiency (if any) on and the expenses attend- 
 ing such re-sale shall be the amount of the liquidated 
 damages to which the vendor shall be entitled. 
 
 Memorandum. — At the sale by auction, made at 
 
 this day of , 18—, of the property comprised in 
 
 the foregoing particulars, person whose name is sub- 
 scribed in the first column of the schedule hereunder 
 written was the highest bidder for, and was declared the 
 purchaser of the parcel set opposite his name in the 
 second column thereof, at the price set opposite the 
 same in the third column thereof, and has paid the sum 
 set opposite the same in the fourth column thereof by 
 way of deposit and in part payment of the purchase 
 
 money, and the said hereby agrees to complete the 
 
 purchase according to the above conditions, and [the 
 
 solicitor for ]the vendor, on behalf of the vendor, 
 
 confirms the said sale, and acknowledges the receipt of 
 the said deposit by signing his name opposite the signa- 
 ture of the purchaser, in the fifth column of the said 
 
 schedule. 
 
 Schedule above referred to. 
 
 I 
 
 Sii^natiire of 
 I'lirchaser. 
 
 2 
 
 Parcel 
 Purchased. 
 
 3 
 
 Price. 
 
 4 
 Deposit. 
 
 5 
 
 Signature of 
 Venrior. 
 
 
 
 _ 
 
 $ 
 
 c. 
 
 
 ! i- 
 
1 1 
 
 198 
 
 CONDITIONS OF SALE. 
 
 CONDITIONS OF SALE OF LAND 
 
 (Another Form.) 
 
 Of the property described as parcel number in the 
 
 hereunto annexed advertisement by virtue of the [)o\vers 
 
 of sale contained in a mortgage made by to 
 
 bearing date the day of ,18 — . 
 
 (i) The highest bidder shall be the purchaser, the 
 vendor reserving the right to name one bid by way of an 
 upset i)rice, or as a reserve bid ; and if any disj)ute arise 
 as to the last or highest bidder, the property shall be put 
 up at a former bidding. 
 
 (2) No person shall advance less than dollars at 
 
 any bidding, and no person shall retract his bidding. 
 
 (3) The purchaser shall, at the time of sale, pay down 
 a deposit in ihe proportion of ten dollars for every 
 hundred dollars of his purchase money to the vendor, 
 and sign the subjoined agreement, and shall pay the 
 remainder of the purchase money within [thirty] days 
 thereafter ; and if not so paid, or any part thereof, from 
 any cause whatever, t'je purchaser shall pay interest on 
 the unpaid balance, at the rate of [six] per cent, per 
 annum from the day of sale until so paid ; but a pur- 
 chaser desiring time for payment of part of his purchase 
 money may take the benefit of the sixth condition here- 
 under written. 
 
 (4) The purchaser shall be allowed [ten] days to 
 investigate the vendor's title at his own expense, during 
 which time he must object to the title, if he has any ob- 
 jections thereto. wShould any sufficient objection he 
 shown within the tune allowed, the vendor shall have a 
 
^•ers 
 
 the 
 of an 
 
 avisc 
 )e put 
 
 lars at 
 
 ! doNvn 
 every 
 endor, 
 
 ^ay 
 
 ibe 
 
 y] days 
 
 if, from 
 
 ;rest on 
 
 ;nt. per 
 
 a pui"- 
 luircbase 
 
 Ion bere- 
 
 days to 
 during 
 
 any 
 Iction 
 
 ob- 
 
 \)C 
 
 (OMMIIONS oK SAI.K oK LAND. 
 
 •99 
 
 reasonable time to rectify tbe same, and, if not so 
 rectified, the deposit shall be returned, and the sale 
 cancelled. ' ^ 
 
 And the purchaser not having made any valid objec- 
 tion to the vendor's title within the time above si)ecificd 
 shall pay the balance of the purchase money as above 
 provided, and be entitled to a conveyance to be prepared 
 by the vendor's solicitor at the expense of the purchaser. 
 The above stipulations as to title and time are hereby 
 made strictly the essence of this contract ; and no pur- 
 chaser shall be entitled to call for the production of any 
 further or other abstract of title, or verification thereof, 
 or proof or evidence of title, or any deeds, papers, or 
 documents, or copies of any deeds, papers, or documents 
 relating to the said property, other than those which are 
 now in the possession of the vendor, and which may be 
 inspected at the office of the vendor's solicitor. 
 
 (5) If the purchaser shall neglect or refuse to comply 
 with the above conditions, his deposit shall be forfeited 
 to the vendor, who shall be at full liberty to resell the 
 property, either by public auction or by private contract, 
 and the deficiency, if any, by such re-sale, together with 
 all charges attending the same, or occasioned by the de- 
 faulter, shall be made good by the defaulter ; and it shall 
 not be necessary for the vendor to tender a conveyance 
 to the purchaser. 
 
 (6) The vendor will, if recjuired, advance to the pur- 
 chaser by way of mortgage on the property sold a sum 
 
 not exceeding ^dollars, for a period not exceeding 
 
 years at per cent, per annum, computed from 
 
 |lU have a ■ the day of sale, such mortgage to be in the vendor's usual 
 
 Ti 
 
 •i! 
 
 ^ 
 
 .f 1 
 
 h\ 
 
: I 
 
 200 
 
 CONDITIONS OF SAI.R. 
 
 form, and to be prepared and registered at the pur- 
 chaser's expense l)y the vendor's solicitor. 
 Dated this day of , i8 — . 
 
 I AGREE TO i>UKCHASE the property described as 
 
 parcel number in the annexed advertisement, subject 
 
 to the foregoing conditions of sale, for the sum of 
 dollars. 
 
 Witness : 
 
 } 
 
 CONDITIONS OF SALE OF LAND. 
 
 (Short Form.) 
 
 (i) The property will be put up in lot, sub- 
 ject to a reserved bid. 
 
 (2) The highest bidder shall be the purchaser. In 
 case of dispute between bidders, the property shall be 
 put up again. No person shall retract his bidding. 
 
 (3) The purchaser shall at the time of sale pay a 
 
 deposit of per cent, of the amount of the purchase 
 
 money, and the sale shall be completed within days 
 
 thereafter, when the balance of said purchase money 
 shall be paid. 
 
 (4) Immediately after the sale, the purchaser shall sign 
 a contract to complete the sale according to these con- 
 ditions. 
 
 (5) All adjustments of insurances, rents, taxes, local 
 improvements, rates, and other assessments to be appor- 
 tioned to the date of completion of sale, when possession 
 shall be given. 
 
ur- 
 
 , as 
 n of 
 
 >t, 
 
 sub- 
 
 ,er. In 
 
 ihall be 
 
 pay a 
 burcbase 
 
 ■days 
 
 money 
 
 kball sign 
 l-iese con- 
 
 ixes, local 
 
 |be appor- 
 
 )ossession 
 
 CONDITIONS OF SALK fH' LAND. 
 
 20I 
 
 (6) The purchaser shall not call for any abstracts 
 or other evidence of title not in the possession of the 
 vendor, and shall make any objections to the title in 
 
 writing to the vendor's solicitor within days from the 
 
 date of the sale, and in default of making any such 
 objections the purchaser shall be deeraeu to have 
 accepted the title. 
 
 (7) If any objection shall be made which the vendor 
 shall be unable or unwilling to remove, the vendor shall 
 be at liberty to rescind the sale, in which case the pur- 
 chaser shall receive back the amount, paid with interest, 
 in full satisfaction of all claims. 
 
 (8) If the purchaser fails to comply with the conditions 
 aforesaid, or any of them, the deposit and all other pay- 
 ments made thereon shall be forfeited, and the premises 
 may be resold, and the deficiency, if any, by such re-sale, 
 together with all charges attending the same, are to be 
 made good by the defaulter. 
 
 (9) Time is to be the essence of these conditions. 
 Dated the day of , 18 — . 
 
 I AC.REE TO PURCHASE [lot of] the property 
 
 mentioned in the annexed particulars, for the sum of 
 
 dollars, upon the terms mentioned in the above 
 
 conditions of sale. 
 
 Dated at the day of , i8 — . 
 
 Witness : ) 
 / 
 
 I 4 
 
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i 
 
 f ^iii. 
 
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 IL 
 
 * 
 
 
 109 
 
 (ONDnroNS OF SAIK. 
 
 CONDITIONS OF SALE OK OOODS. 
 
 {(reneral Form.) 
 
 (i) The highest bidder for cacli lot shall he the pur- 
 chaser, and if any dispute arises as to the last or highest 
 l)id the lot shall immediately be i)ut up again at a 
 former bidding. 
 
 (2) No person shall advance less than -cents at a 
 
 bidding, and no person shall retract his bid. 
 
 (3) All purchasers shall give in their names and [)lace 
 of residence (if required), and pay down a deposit of 
 
 per cent, in part payment of the i)urchase money, 
 
 and in default of so doing the lot or lots may be imme- 
 diately put up again and resold. 
 
 (4) All lots shall be taken away at the buyer's expense 
 within — —days after the sale, and the remainder of the 
 j)urchase money shall be paid on or before delivery. 
 
 (5) If the purchaser fail to comply with the above 
 conditions his deposit money shall be forfeited, and any 
 lot not removed within the time aforesaid may be resold 
 by public auction or private sale, and the deficiency (if 
 any) on such re-sale shall be made good by the person 
 making default. 
 
 CONDITIONS OF SALE OF (iOODS. 
 
 // 'lu'u sold hy trustee for creditors. 
 
 In the matter of the goods and chattels belonging 
 to the estate of -. 
 
 (i) The goods and chattels mentioned in the inventory 
 produced are sold at a rate upon the dollar of the 
 
'■"S' 
 
 )crson 
 
 ^ongiii^ 
 
 roNruTioNs OK s.\r,f-, ok r.onDs. 
 
 20.^ 
 
 inventory value thereof, without reduction or abatement, 
 except as regards shorts and longs in ([uantities, which 
 are to be adjusted l)y inventory prices before settlement 
 of purchase. 
 
 {2) The highest bidder shall be the purchaser, and if 
 any dispute arises as to the last or highest bid the 
 goods, etc., shall be put up at a former bidtling. 
 
 (3) No person shall retract his bid. 
 
 (4) The trustee reserves the right to out.' bid. 
 
 (5) The purchaser shall at the time of sale sign the 
 annexed agreement fc /iTchase, and shall pay down a 
 
 deposit of on account of his purchase money to the 
 
 trustee, and shall pay the remainder as follows : cash 
 
 (less the deposit), and the balance in eipial instal- 
 ments at and months from the day of sale, 
 
 witli interest at per cent, pei annum, the whole 
 
 secured to the satisfaction of the trustee [and inspectors], 
 and U[)on the full completion of" such purchase the 
 |)urchaser shall be entitled to be put in possession. 
 
 (6) The purchaser shall i)roceed to check the said 
 inventory at once, and continue until completed. 
 
 (7) Time shall be considered the essence of these 
 conditions and the agreement to purchase, and if the 
 purchaser fail to comply with these conditions, or any of 
 ihcm, the said deposit shall be forfeited to the trustee, 
 who shall be at liberty to resell the goods by public 
 auction or private sale without notice to the defaulter, 
 and the deficiency (if any) by such re-sale, together with 
 all charges attending the same, or occasioned by the 
 defaulter, are to be made good by the defaulter. 
 
 (8) 'Phc purchaser shnll have days to check the 
 
 } \- 
 
^ 
 
 
 
 
 
 
 204 
 
 CONntttONS OF SAt,E. 
 
 inventory and goods, free of expense, after which the 
 purchaser is to assume the rent and taxes and other 
 rates, and to arrange with the landlord of the premises 
 as to the tenancy. 
 
 , ' ■ Auctioneer. 
 
 Ai:;reement for purchase. 
 
 It is hereby declared and agreed by and between 
 
 the vendor of the goods and chattels mentioned in the 
 
 annexed conditions of sale and , that he, the said 
 
 , became the purchaser of such goods and chattels, 
 
 in the said conditions described, at the sum of cents 
 
 in the dollar of the inventory value thereof, and that the 
 
 sum of has been paid down by the said to the 
 
 said ^by way of deposit, and in part payment of said 
 
 purchase money, and that the particulars and conditions 
 of sale shall be taken as the terms of agreement for the 
 said sale and purchase respectively in all things. 
 
 As WITNESS their hands this -day of , 18 — . 
 
 Witness: \ 
 
Conveyances. 
 
 STATUTORY DEED. 
 
 (R.S.O.,c. 105.) 
 
 r,'i/h bar of doiver. 
 This Indknture made the day of- 
 
 18- 
 
 in 
 
 pursuance of the Act respecting Short Forms of Con- 
 veyances, Bktwkkn of the of in the County 
 
 of , , of the first part; of the of in 
 
 -, , of the second part [and , 
 
 the County of , - 
 
 wife of the said party of the first part, of the third part]. 
 
 Whnksseth that in consideration of dollars of 
 
 hiwT il money of Canada now paid by the said party of 
 the second part to the said party of the first part (the 
 receipt whereof is hereby by him acknowledged), he, the 
 said [)arty of the first part, doth grant unto the said 
 party of the second part, in fee simple, all and singular, 
 that certain parcel or tract of land and premises, situate, 
 l\ing and being, etc. 
 
 To have and to hold unto the said party of the 
 second [)art, his heirs and assigns, to and for his and 
 tlicir sole and only use forever ; subject, nevertheless, 
 to the reservations, limitations, provisoes, and conditions 
 expressed in the original grant thereof from the Crown. 
 
 The said party of the first part covenants with the 
 said party of the second part, that he has the right to 
 convey the said lands to the said party of the second 
 part, notwithstanding any act of the said party of the 
 
 m\ 
 
 i. 15 
 
 ^ S? 
 
ll ^ 
 
 
 
 
 I 
 
 U: 
 
 |i| 
 
 ! ■ j 
 
 w 
 
 Jl: 
 
 ■If' 
 
 'If '■■ I'' 
 
 at 
 
 ': 1 ; 
 
 I 
 
 < i 
 
 20() 
 
 CONVKVAN'Cl.S. 
 
 first part. And that the said party of the second part 
 shiiil have cjuiet possession of the said lands free from 
 all incumbrances. 
 
 And the said party of the first part covenants with 
 the said j)arty of the second part, that he will execute 
 such further assuran(^es of the said lands as may be 
 re(|uisite. 
 
 .Vnd the said party of the first i)art covenants with 
 the said party of the second part, that he has done no 
 act to incumber the said lands. 
 
 And the said party of the first part releases to the 
 said i)arty of the second part all his claims upon the 
 said lands. 
 
 [And the said party of the third part, wife of the 
 said party of the first part, hereby bars her dower in 
 the said lands.] 
 
 In witness whkrp:of the said parties hereto have 
 hereunto set their hands and seals. 
 
 SUJNKI), SEALKI), AND DKLIVKRKD | f 
 
 in the presence of " J 
 
 CONVEYANCE BY BENEFICIAL OWNER. 
 
 (R.S.O., c. loo, s. 17.) 
 
 This Indenture made the day of , 18 — , in 
 
 pursuance of the Act respecting the Law and Transfer of 
 
 Property, BivrwEEN of the of in the County 
 
 of , , hereinafter called the grantor, of the first 
 
 part, and of the of- in the County of , 
 
 , hereinafter called the granti'c of the second part. 
 
 I /ftre insi-ff recitals, if any. 
 
lER. 
 
 lansfev of 
 Couniy 
 
 Itbe fir^^ 
 
 of-—' 
 
 )nd part. 
 
 CONVKYAXCK OF LAND. 207 
 
 WiTNiissiiTH that in consideration of dollars of 
 
 lawful money of Canada, now paid by the said grantee 
 to the said grantor (the receipt whereof is by him 
 acknowledged), he, the said grantor, as beneficial owner, 
 doth convey unto the said grantee in fee simple [or other- 
 wise^ as the case may l>e^ all that certain parcel of land, 
 situate, etc. . * . 
 
 In witness, etc. • ., , . 
 
 Si(;nei), sealed, etc. • . ' ; c -: 
 
 CONVEYANCE OF LAND. 
 
 With special descriptions, reservations, and covenants. 
 
 This Indenture made the day of , i8 — , in 
 
 pursuance of the Act respecting Short Forms of Convey- 
 ances, Between of the of in the County of 
 
 , , hereinafier called the grantor, of the first 
 
 l)art ; of the of in the County of , , 
 
 hereinafter called the grantee, of the second part [and 
 
 , wife of the grantor, of the third part]. 
 
 WITNESSETH that in consideration of dollars of 
 
 lawful money of Canada, now paid by the grantee to 
 the grantor (the receipt whereof is hereby acknowledged), 
 the grantor doth grant unto the grantee in fee simple 
 
 Of a piece of land. 
 
 All and singular, that certain parcel or tract of land 
 and premises situate, lying, and being in the, etc. 
 
 . Of a water lot. 
 
 All that parcel or tract of land, and land covered by 
 water, situate, lying, and being, etc. 
 
 ^1 > 
 
 ■ . 1 
 
 ,1! 
 
 I 
 
 ill 
 
 1 ^ iHn 
 
 * i-i 
 
 m 
 
r 
 
 208 
 
 CONVF.VANCKS. 
 
 ! 
 
 Ml 
 
 I*' ! i: I 
 
 li 
 
 Of undivided half . 
 
 All that undivided moiety or equal half, [)art, or share 
 of the grantor of and in that certain parcel of land, 
 situate, etc. 
 
 Of reversion after life tenancy. 
 
 All that remainder or reversion in fee simple of the 
 
 grantor to take effect upon the decease of ; tenant for 
 
 life of and in all that certain parcel of land, situate, etc. 
 
 With right of way. 
 
 With full right and liberty for the grantee and the 
 owner or owners, for the time being, of the land herein- 
 before described, and his and their tenants and servants, 
 and all other persons authorized in that behalf by him or 
 them from time to time, and at all times hereafter, at his 
 and their will and pleasure for all purposes connected 
 with the use and enjoyment of the said lands, to pass 
 and repass either with or without horses, cattle, and other 
 animals, carts, wagons, carriages, and other vehicles, in, 
 along, and over the roadway, the site and course of which 
 is shown on the plan hereto annexed, and therein 
 
 colored -[and the expense of keeping said road in 
 
 repair shall be borne by the grantor and the grantee in 
 equal moieties]. 
 
 With right to use drains. 
 
 With the right to enter and use all sewers and drains, 
 now or hereafter made, which pass under or along any of 
 the streets adjoining the said land, or in or upon the 
 adjoining premises belonging to the grantor, 
 
[I 
 
 arc 
 ind, 
 
 id the 
 
 herein- 
 
 srvants, 
 
 1 him or 
 
 r, at bis 
 nectcd 
 to p^ss 
 
 nd other 
 
 des, in. 
 
 of wbit^^^ 
 therein 
 
 road in 
 ;rantce in 
 
 jng any 
 
 C(>NVi;V.\NC K or !.\M). 
 
 209 
 
 /^F/M ////;/<.«• and mining n^^/ifs. 
 
 With all mines and minerals whatsoever already found 
 or which may hereafter be found on or under the said 
 land, together with full liberty for the grantee and his 
 lessees, agents, servants, and workmen, and all other per- 
 sons by his or their or any of their authority or permis- 
 sion at any time and from time to time [*], and either with 
 or without horses and other animals, wagons and other 
 vehicles, to enter upon the said land for the purpose of 
 searching for, digging, working, mining, procuring, and 
 carrying away the said mines and minerals, and also to 
 sink, open, and work any wells, pits, shafts, drifts, or 
 mines within the limits of the said lands, and to make 
 such erections and buildings, and lay down railroads and 
 other roads in, upon, under, and over the said lands as 
 may be necessary for the more convenient working and 
 carrying away the said mines and minerals, and also to 
 ni)propriate and use any part of the surface of the said 
 lands for depositing and heaping thereon the minerals, 
 waste, rubbish, and other substances which may betaken 
 out of the said mines. 
 
 \// if is not intended to convey the surface of the hmd, 
 but that the mines />e worked through the adjoining 
 property, insert the fo/loiving instead of what foUows the 
 asterisk (*) above : but by underground workings only, 
 and without entering upon the surface of the said 
 land to search for, get, work, take away, and dispose 
 of the said mines and minerals hereby conveyed, 
 and to do all things necessary or expedient for the 
 |)urposes aforesaid, or any of them, but subject to 
 the liability of the grantee to make compensation to 
 ilie grantor, and his lessees and tenants, and the 
 
 \\\ 
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 i '! 
 
 "I 
 
 A 
 
 
 i i 
 
 ■ 
 
 {if \ . 
 
m 
 
 i 
 
 2 lO 
 
 CONVi;VAN( I'.S. 
 
 owners (jr occupiers for the time being of the surface 
 of the said land, for all and any damage or injury to 
 the surface which shall or may be caused or occasioned 
 by or by reason of the exercise of the liberties, powers, 
 and authorities hereinbefore mentioned, or any of them.] 
 
 IV/'/A coal mines without surface. 
 
 Together with all the mines, veins, or seams of coal in 
 or under all those lands, together with the full right 
 and [)ower of making, sinking, maintaining, and using all 
 such pits, shafts, drifts, levels, drains, watercourses, and 
 reservoirs, and of constructing, erecting, maintaining, 
 and using all such railroads, tramroads, and other roads, 
 bridges, culverts, buildings, works, engines, machinery, 
 coal banks, and conveniences whatsoever, and of doing 
 all such things in, under, upon, through, or over the 
 said lands, or any part thereof, as may be necessary 
 or convenient for searching for, working, getting, prepar- 
 ing, carrying away, and disposing of the said mines or 
 seams, ar.a the coal to be obtained therefrom, making 
 from time to time nevertheless to the grantor, and his 
 lessees and tenants, reasonable compensation for all 
 damage thereby done or occasioned to the said lands or 
 any buildings thereon. 
 
 Reservation of right of 7vay. 
 
 pAcepting and reserving unto the grantor full right 
 and liberty at all times hereafter, in common with all 
 other persons who may hereafter have the like right, to 
 use said passageway for all purposes connected with the 
 
 •^ and occupation of the grantor's other lands and 
 ;::-'!ses adjoining the same. 
 
CONVKVANCK OF f.WlV 
 
 2\ t 
 
 Rescnmtion of ri^^lit to lay seivers and pipes. 
 
 Excepting and reserving to the grantor the right at any 
 time to lay down and constrnct sewers, drains, and water 
 pipes in and upon said premises, and to keep and main- 
 tain the same for the convenience of the grantor's other 
 lands and buildings adjoining the premises hereby 
 ;j;ranted. 
 
 Ri'seri'ation of minerals and ri^ht to work them. 
 
 But there is hereby excepted and reserved unto the 
 grantor out of the conveyance hereby made all mines, 
 veins, seams, and beds of coal, ironstone, and other 
 minerals whatsoever already found or wb" h may here- 
 after be found under the land hereby conveyed, with full 
 liberty of ingress, egress, and regress at all times for the 
 grantor, his servants, agents, and workmen, in, to, and up-, 
 on the said lands, and either with or without horses and 
 other animals, wagons and other vehicles, for the purpose 
 of searching for, working, getting, and carrying away the 
 said mines and minerals, and with full liberty also for the 
 grantor to sin k, drive, make, and use pits, shafts, drifts, adits 
 aircourses, and watercourses, and to erect and set up 
 fire and other engines, machinery, and works, and to lay 
 down railroads and other roads in, upon, under, and over 
 the said lands or any of them for the purpose of more 
 conveniently working and carrying away the said mines 
 and minerals, and also to appropriate and use any part of 
 the surface of the said lands for depositing, placing, and 
 heaping thereon the minerals, waste, rubbish, and other 
 substances which may be obtained from the said mines, 
 and generally to do all other acts and things necessary or 
 
 i \ 
 
 \\ 
 
 ; ■ 
 
imr '— — -ni 
 
 i ' Ifi 
 
 2\ 2 
 
 rONVKYANCKS. 
 
 I > 
 
 proper for working and obtaining the said mines and 
 minerals. 
 
 Provided always that the grantor shall pay to the 
 
 grantee the annual sum of dollars for every acre, and 
 
 so in proportion for any less quantity than an acre of 
 land, the surface whereof shall he appropriated or used 
 for any of the purposes aforesaid, so long as such appro- 
 l)riation or use shall continue, and until the surface shill 
 1)0 restored as nearly as may be practicable to its original 
 state and condition before such appropriation or use 
 commenced. 
 
 Provided also that the workings of the said mines 
 shall be conducted in such a manner as not to endanger 
 any buildings now on the said lands, or which may be 
 
 hereafter erected on the site of or within ^yards of 
 
 the site of any present building, and generally to do as 
 little damage or injury to the surface of the said lands as 
 shall be consistent with the proper working of the said 
 mines. i 
 
 Provided also that the grantor shall pay to the 
 grantee adequate compensation for all damage or injury 
 which the grantee or his tenants may sustain by reason 
 of the working of the said mines, or the exercise of any of 
 the liberties or privileges hereby excepted and reserved. 
 
 To have and to hold unto the grantee, to and for his 
 sole and only use forever, subject, nevertheless, to the 
 reservations, limitations, provisoes, and conditions ex- 
 pressed in the original grant thereof from the C'rown. 
 
 Subject to a mort^a^c. 
 
 And subject also to a certain mortgage made by 
 
 to , to secure the sum of — —dollars with interest 
 
 ^<^ gH 
 
(f 
 
 I !i 
 
 rONVKYANCK OF T,\NT>. 
 
 2i;^ 
 
 he 
 
 nd 
 toi 
 sec\ 
 pro- 
 
 • use 
 
 viiines 
 ianger 
 
 nay 
 
 be 
 
 rds of 
 
 do as 
 
 nds as 
 [■\c said 
 
 to t^^e 
 
 reason 
 
 If any of 
 Uerved. 
 (d for his 
 Is, to the 
 ].\ons ex- 
 rciwn. 
 
 k by — ^ 
 
 interesl 
 
 thereon at per cent, per annum, which is a part of the 
 
 hereinbefore mentioned consideration, and which the 
 grantee hereby assumes and covenants to pay. 
 
 Subject to taxes, local iniproi'enients^ etc. 
 
 And subject also to taxes, rates, local improvements, 
 and other assessments, all of which are a part of the 
 hereinbefore mentioned consideration, and which the 
 grantee hereby assumes and covenants to pay from the 
 day of , 1 8 — . 
 
 \lf it is not intended that the purchaser shall assume the 
 encumbrances, insert in lieu of the two f^rccedin^ para- 
 \:^raphs the folloiving : 
 
 And it is hereby expressly understood and agreed that 
 the grantee assumes no personal responsibility and shall 
 not be held liable to pay any charge or encumbrance 
 upon the said lands, and that as regards the grantee the 
 said lands alone shall be chargeable.] 
 
 Covenant not to manufacture bricks, etc. 
 
 Subject to the condition that [for a period of years 
 
 from the date hereof] no bricks, tiles, or other articles 
 manufactured from earth or clay are to be made or 
 burned upon the land hereby conveyed, or any part 
 thereof, and no part of the soil thereof shall be used or 
 removed for such purpose ; and the grantee covenants with 
 the grantor that the grantee will not make or burn, or 
 permit or suffer to be made or burned by any person or 
 persons at any time hereafter, any bricks, tiles, or other 
 articles manufactured from earth or clay upon the land 
 hereby conveyed, and shall not use or remove, or permit 
 or suffer to be used or removed, any part of the soil for 
 such purpose. 
 
 Ili 
 
 I .; 
 
 ! ■ ' i ;■ 
 
 
 
 II 
 
 
 Ii 
 
 
 1 
 
 X 
 
 K 
 
 
 ! 
 
 ' - 
 
 ii If ^ ■ 
 
 
 
1 ' 
 
 2r4 
 
 CONVF.YANCKS. 
 
 I > 
 
 Mr 
 
 Party ivall ill a (iced of piirt of a lot. 
 
 Sul)ject also to and with the boiicfit of the followinj^ 
 stipulations, that is to say: one-half of all foundations, 
 
 stonework, walls, and fences in the boundary lini' 
 
 between said [)arcel and the parcel of land adjoining 
 thereto belonging to the grantor, which may and shall be 
 placed on each of the said parcels ; and any owner of 
 either of said parcels using and enjoying any part of 
 said foundations, stonework, walls, and fences built by the 
 other shall pay for such part the actual value of one- 
 half of said foundations, stonework, walls, and fences to 
 the owner thereof. 
 
 Ihiildiiii:; restrictions. 
 
 'I'he grantee covenants with the grantor that he will 
 not, without the consent in writing of the grantor, erect 
 upon the land hereby conveyed any house or buildiiii; 
 which shall be nearer to the road in front of the same 
 than is indicated by the line marked '* building line " on 
 the plan hereto annexed, the said building line running 
 
 parallel to and being -feet distant from the centre of 
 
 the said road, except that any bow window of any such 
 
 house may project any distance not exceeding feet 
 
 from the said building line \or other exceptions and 
 stipulations as may Ih' a^i^^reed], and the grantee, to the 
 interit that the burden of this covenant may run with the 
 land, doth hereby covenant and agree with the grantor 
 that he will observe the stipulations and provisoes here- 
 inafter contained, and will execute and have executed by 
 the purchaser or purchasers from him a like covenant, 
 or one to the same effect, in each and every conveyance 
 
^l \ 
 
 ions, 
 liiu' 
 inin'fi, 
 nil l>f 
 ler of 
 art of 
 l)y ihc 
 f onc- 
 ^ccs to 
 
 he wiU 
 r. erect 
 
 
 iuildi>n 
 le same 
 ine on 
 ■unniiVf^ 
 :ntre of 
 ny such 
 -feet 
 l)?is (iiui 
 to the 
 Mth the 
 grantor 
 es here- 
 luted hy 
 )venant, 
 Iveyance 
 
 fONVI'.V.WCK OF I. AND. 
 
 2'5 
 
 made by hiui to any purchaser of the said hinds or any 
 ])ortion thereof, so that all jiersons claiming or hokling 
 under him shall he hound to observe the said stipulations 
 and provisoes, which are as follows ; 
 
 That no building or dwelling house shall be erected 
 upon any part of the said land the external walls of 
 which are not of brick or stone, or part of one and the 
 remainder of the other material. 
 
 Ki'strictions as to use of huildin!;:^s. 
 
 That no building erected or to be erected on any 
 pari of the said land shall be used for any other pur- 
 pose than that of a jirivate dwelling, and the outbuildings 
 thereof, or 
 
 That the said land, or any buildings to be erected 
 thereon, shall not at any time be used for the purpose of 
 any trade, manufacture, or business of any description, or 
 as a school, hospital, or other charitable mstitution, or 
 as an hotel or j)lace of public resort. 
 
 That no building shall at any time be erected on the 
 said land for manufacturing purposes, and that no manu- 
 facture or work of an offensive, dangerous, or noisy kind 
 shall be carried on upon the same, nor shall anything be 
 (lone which may be or become an annoyance or nuisance 
 to the grantor or to tlie neighborhood. 
 
 Windows^ etc , not to overlook grantor. 
 
 That no window, door, or opening shall at any time 
 
 within years from the date hereof be made on the 
 
 side of any building on the said premises so as to 
 
 overlook the dwelling house and premises now in the 
 occupation of the grantor. 
 
 1 =.', 
 
 ■,i * 
 
 X \'- 
 
I it 
 
 ii 
 
 II! i B 
 
 2\C) 
 
 ( ONVKVANCKS. 
 
 A'ot to di^i; sand or grave i. 
 
 That no sand or gravel shall at any time he excavated 
 or dug out of the said land except for the purpose ai 
 laying the founilations of buildings to be erected thereon, 
 or for use; in erecting such buildings or improving the 
 gardens or grounds thereof. 
 
 Sro/^i' of coi'CfKvits. 
 
 [These covenants shall be in force for a period of 
 
 years from the day of , 18 -.] Hut the 
 
 said covenants shall not be held personally binding upon 
 the grantee or any of his assigns, except in respect of 
 breaches committed or continued during his or their 
 joint or sole seisin of or title to the lands in resj)ect of 
 which such breaches shall have been committed. 
 
 Statutory coi^cnants. 
 
 The grantor covenants with the grantee that he has 
 the right to convey the said lands to the grantee notwith- 
 standing any act of the grantor. And that the grantee 
 shall have quiet possession of the said lands free from 
 all encumbrances save as aforesaid. And the grantor 
 covenants with the grantee that he will execute such 
 further assurances of the said lands as may be requisite. 
 And the grantor covenants with the grantee that he has 
 done no act to encumber the said 1 inds save as afore- 
 said. And the grantor releases to the grantee all his 
 claims upon the said lands. 
 
 [And the said , wife of the grantor, hereby bars 
 
 her dower in the said lands.] 
 
 And it is hereby declared and agreed that the words 
 "grantor " and "grantee," wherever u^ed in this inden- 
 
CONVKVANCK i!Y ADMtNl^TK \TmK. 
 
 2»7 
 
 ture, shall, where the context allows, include and be 
 
 binding not only on the said and the parlies 
 
 hereto, but also on their resi)ei:tive heirs, executors, 
 administrators, and assigns. 
 In wiTNKss, etc. 
 
 SuiNKD, SKAI.Kh, CtC. 
 
 convkyancp: hv adminisfrator. 
 
 This Indkntuke made the day of — • — , i8 — , in 
 
 pursuance of the Act respecting Short l-'ornis of Convey- 
 ances, and of The Devolution of Estates Act, Bktwken 
 
 of the of in the County of , , the 
 
 administrator [tfr administratrix] of the estate of late 
 
 of the of in the County of , , deceased, 
 
 hereinafter called the grantor, of the first part ; and 
 
 of the -of in the County of , , hereinafter 
 
 called the grantee, of the second part. 
 
 \Vni:,KEAS the said was, at the time of his decease, 
 
 seized of an estate of inheritance in fee simple in tlie 
 laiuls hereinafter described, and de[)arled this life on or 
 about the day of , 18—, intestate. 
 
 An'U whkrkas administration of the estate of the 
 
 said deceased was granted to the grantor by the 
 
 Surrogate Court of the County of on or about the 
 
 ■ day of- , 18 — . 
 
 Now THLS INDENTURE WITNESSETH that (in pursuancc 
 of the powers vested in him) the grantor as personal 
 rc[)resentative of the said deceased, and in consider- 
 ation of the sum of dollars of lawful money of 
 
 'I 
 
 
 
 
 f i 
 
m r 
 
 218 
 
 fONVKVANCKS. 
 
 Canada, to liiin in hand paid hy tlic grantee (the receipt 
 whereof is hereby acknowledged), doth grant and convey 
 unto the grantee in fee simple all that certain parcel of 
 land, situate, etc. 
 
 To have and to hold the same unto the granteC; his 
 heirs and assigns, to and for his and their sole and only 
 use forever. 
 
 And the grantor covenants with the grantee that he 
 has done no act to encumber the said lands. 
 
 In witness, etc. 
 
 Skined, shai,i;i), etc. 
 
 COMVICVANCI-: P.V EXECUTOR. 
 
 Thks Indenture made the day of , 18 — , in 
 
 pursuance of the Act respecting Short Forn»s of Con- 
 veyances, and of The Devolution of Estates Act, 
 
 Between of the of in the County of , 
 
 , the executor [or executrix] of the last will and 
 
 testament of , late of the of in the County 
 
 of— — , -, deceased, hereinafter called the grantor, of 
 
 the first pan, and of the -of in the County of 
 
 -, , hereinafter called the grantee, of the second 
 
 part. 
 
 Where.\s the said was at the time of his decease 
 
 seized of an estate of inheritance in fee simple in the 
 lands i.jreinafter described ; and before his decease did 
 duly make and publish in writing his last will and testa- 
 ment bearing date the -day of , 18 — , wherein he 
 
 appointed — —[and ] to be executor [or executrix] 
 
 of his said will. 
 
 _^i.:.l!' 
 
:eipl 
 nvey 
 :cl of 
 
 e. his 
 I only 
 
 lat he 
 
 8—, HI 
 
 ,f Con- 
 s Act, 
 
 of , 
 
 :ill and 
 
 County 
 
 mlor, of 
 
 |)uniy of 
 
 second 
 
 decease 
 
 in tbt^ 
 
 lease did 
 
 Ind tesla- 
 
 jerein he 
 
 Ixecutrixl 
 
 roNVKVANrr; itv kxkcutor. 
 
 219 
 
 And whkreas the said died on the day of 
 
 , 18 — , without revoking or otherwise cancelh'ng or 
 
 altering his said will. 
 
 And \vhi:reas probate of the said will was granted to 
 the grantor by the Surrogate Court o\ the County of 
 on or about the day of , iS— . 
 
 Now THIS INDENTURE WITNESSETH that (in pursu- 
 ance of the powers vested in him) the grantor as 
 
 personal representative of the said deceased, and in 
 
 consideration of the sum of dollars of lawful money 
 
 of Canada, to him in hand paid by the grantee (the 
 receipt whereof is hereby acknowledged), doth grant nnd 
 convey unto the grantee in fee simple all that certain 
 parcel of land, situate, etc. 
 
 To have and to hold the same unto the grantee, hs 
 heirs and assigns, to and for his and their sole and only 
 u-ic forever. 
 
 And the grantor covenants with the grantee tliat he 
 has done no act to encumber the said lands. 
 
 1\ wriNKss, etc. 
 
 Sk.NKD, SEALED, CtC. 
 
 CONVEYANCE I'.Y TRUSTEES. 
 
 Tins Indenture made the day of , iS- 
 
 ui 
 
 pursuance of the Act respecting Short Forms of Con- 
 
 \ eyances. Between of and of [/ntsfces 
 
 :vith power to seU\ hereinafter called tlie trustees, of the 
 
 first [)art, and — of hereinafter called the purchaser, 
 
 of the second part. 
 
 .*•: 
 
 lil'ii 
 
<* Li--iBrT!wasB 
 
 ma 
 
 220 
 
 CONVEYANCES. 
 
 Whkkkas 
 
 -of 
 
 -died on or about the- 
 
 -day of 
 
 if 
 
 V 
 
 St-; 
 
 !.; 
 
 , 18 — , bavini; made his will dated the day of- 
 
 r8 -, whereby he devised [inter alia] the hereditaments 
 hereinafter described unto and to the use of the trustees, 
 their heirs and assigns, upon trust to sell and convey 
 the same. 
 
 And whereas by his said will he appointed and 
 
 , the trustees above named, executors thereof, who 
 
 duly proved the same on the day of , 18 — , in 
 
 the Surrogate Court of the County of . 
 
 And whereas pursuant of the trust for this purpose 
 contained in the said recited will as aforesaid, the 
 trustees have agreed to sell the hereditaments herein- 
 after described to the purchaser at the price of 
 
 dollars. 
 
 Now 1 HIS INDENTURE WITNESSETH that in Considera- 
 tion of the sum of -dollars, now paid by the purchaser 
 
 to the trustees (the receipt of which sum is by the 
 trustees hereby acknowledged), the trustees hereby grniit 
 unto the purchaser in fee simple all that certain parcel of 
 land, situate, etc. 
 
 To have and to hold unto the purchaser, his heirs 
 and assigns, to and for his and their sole and only use 
 forever. 
 
 And the trustees covenant with the [)urchaser, his 
 heirs, executors, administrators, and assigns, that they 
 have done no act to encumber the said lands. 
 
 In WITNESS, etc. 
 
 Signed, sealed, etc. 
 
pnsidera- 
 urcbaser 
 
 \)y granl 
 parcel o( 
 
 Ibis bcivs 
 only use 
 
 [baser, b'^' 
 ilbat tbcy 
 
 QUIT CLAIM DEED. 
 
 QUIT CLAIM DHKI). 
 
 -day of- 
 
 221 
 
 18 -, 
 
 Tins Indenture made thc- 
 
 liEiWEEN o{ the of in the County of , 
 
 , of the first part, and of the of in the 
 
 County of- 
 
 -, of tlie second part. 
 
 WITNESSETH that the said party of the first part, for 
 
 and in consideration of dollars of lawful money of 
 
 Canada to him in hand paid by the said party of the 
 second part, at or before the sealing and delivery of the->e 
 presents (the receipt whereof is hereby acknowledged), 
 hath granted, released, and (juitted claim, and by these 
 presents doth grant, release, and quit claim unto the said 
 party of the second pirt, his heirs and assigns, all estate, 
 right, title, interest, claim, and demand whatsoever, both 
 at law and in ecjuityor otherwise howsoever, and whether 
 ill possession or e\[)ectancy of him, the said party of the 
 first part, of, in, to, or out of all that certain parcel of 
 land, situate, etc., cogether with the a[)purtenances thereto 
 belonging or appertaining. 
 
 To have and to hold the aforesaid land and prennses 
 with all and singular the appurtenances thereto belonging 
 or appertaining unto and to the use of the said party of 
 ihc second p?.rt, his heiis and assigns forever, subject, 
 nevertheless, to the reservations, liniitatii)ns, provisoes, 
 and conditions e-\pressed in the original grant llicicwf 
 Ironi the Crown. 
 
 In witness, etc. 
 
 Si(;ni:i), sealed, etc. 
 
 i^ 
 
 < ( 
 
 I 
 
222 
 
 c:()NVi:na\(ks. 
 
 1)1:1:1 ) UNDER rOWER OF SALE. 
 
 This Ixdenturf: made tlie- 
 
 I 
 
 iMJ' 
 
 i); 
 
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 ^W' ^ 
 
 ill 
 
 -day of 
 
 18—. 
 
 pursuance of the Act respecting Short Forms of Convey- 
 ances, Betw?:kn of the of in the County of 
 
 , , hereinafter called the grantor, of the first 
 
 part; and— of the of in the County of , 
 
 , hereinafter called the grantee, of the second part. 
 
 Wherf:as by indenture of mortgage dated the day 
 
 of , 18 — , and made in pursuance of the Act respect- 
 ing Short Forms of Mortgages, between of the first 
 
 part, and of the second part [and^ the wife of the 
 
 said , for the purpose of barring her dower, of the 
 
 third part], the said did grant and mortgage the 
 
 lands and premises hereinafter particularly described 
 
 unto , his heirs, executors, administrators, and 
 
 assigns, for securing payment of the sum of dollars 
 
 and interest as therein mentioned. 
 
 And whkkkas the said mortgage contains the follow- 
 ing proviso : I'rovided that the mortgagee, on default of 
 
 l)ayment for months, may on notice enter on and 
 
 lease or sell the said lands. 
 
 And wherk.xs default has been made in payment pur- 
 suant to the said proviso, and notice of such intention to 
 sell the said lands and premises has been duly given to 
 the said . 
 
 And whekkas in pursuance of the said last-mentioned 
 notice the said lands, after being duly advertised for sale 
 in the public nowsi)a[)ers, were exposed at public auction 
 on— day the - — day of , 18 — , at . 
 
 And whereas the grantee was the highest bidder for 
 
ige tne 
 ;scribed 
 
 rs, and 
 
 foUoNv- 
 tefault o( 
 ;r on and 
 
 ^icnt pur- 
 ^ntion to 
 given to 
 
 bidder for 
 
 I)KKI> I'NUI K I'oWKR (iK 
 
 \I K 
 
 
 and became the purcluiscr of the said lands at tiie said 
 
 sale, at and for the price or sum of ^dollars. yif the 
 
 auction sale was ahortivi\ and the lands wen afterwards 
 sold l>y private sale, suhstitute for the alxrve para^^raph : 
 
 And whereas at the said auction sale no bid or no 
 sufticient bid was made for the said lands, which were 
 thereupon withdrawn from sale. 
 
 And whereas the grantor has contracted with the 
 grantee for the sale to him of the said lands at the price 
 or sum of dollars.] 
 
 Now THIS INDENTURE WITNESSETH that in Considera- 
 tion of the sum of dollars of lawful money of Canada, 
 
 now paid by the grantee to the grantor (the receipt 
 whereof is hereby acknowledged), the grantor, by virtue 
 and in exercise of the aforesaid power of sale and all 
 other powers him thereunto enabling, doth grant unto the 
 grantee in fee simple all that certain parcel of land, 
 situate, etc. 
 
 To have and to hold unto the grantee, his heirs and 
 assigns, to and for his and their sole and only use forever, 
 subject, nevertheless, to the reservations, limitations, 
 provisoes, and conditions expressed in the original grant 
 thereof from the Crown. 
 
 And the grantor covenants with the grantee that he has 
 done no act to encumber the said lands. 
 
 And the grantor relea.ses to the grantee all his claims 
 upon the said lands. 
 
 In witness, etc. 
 
 Signed, sealed, etc. 
 
 1 
 
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224 
 
 CONVKVANCF.S. 
 
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 DKEI) UNDER POWER OF SALE. 
 Jyy (I Company. 
 
 This Indenture made the day of , i8 — , in 
 
 pursuance of the Act respecting; Short Forms of Con- 
 veyances, Between the Comj)any, hereinafter called 
 
 the Company, of the first part, and of the of 
 
 in the County of , , of the second part. 
 
 Whereas by indenture of mortgage dated the 
 
 day of , 1 8 — , and made in pursuance of the Act 
 
 respecting Short F^o'-msof Mortgages, between of the 
 
 -of- 
 
 in we. 
 
 mty of- 
 
 -, , of the first part ; 
 
 the Company, of the second part ; and the wife 
 
 of the said , fc • the ' )')0se of barring her dower, of 
 
 the third part, the said for and in consideration (jf 
 
 dollars advanced and paid to him by the Company 
 
 did convey and assure unto the Company the lands and 
 premises hereinafter described and set out, subject to a 
 proviso for redemption upon payment of the said sum of 
 money, interest and charges, as therein mentioned. 
 
 And whekicas it was in and by the said indenture of 
 mortgage agreed that on default of payment for- — the 
 Company might without any notice enter upon and lease 
 or sell the said lands. 
 
 And whereas the said has made default in pay 
 
 ment for and more, of the moneys secured by the 
 
 said hereinbefore in part recited indenture of moit- 
 
 And whereas the Com{)any under and by virtue of 
 the hereinbefore recited i)ower of sale did on the— — 
 day of , iS— , offer for sale by public auction at the 
 
— , m 
 ■ Con- 
 caUed 
 
 . -of 
 
 \n. 
 
 le 
 
 he Act 
 -of the 
 ^t part ; 
 le wife 
 ower, of 
 ration of 
 
 ompany 
 
 nds and 
 
 ject tn a 
 sum of 
 
 ed. 
 nture of 
 
 1- -the 
 
 xnd lease 
 
 l\t in pay 
 
 Id hy ^^^^ 
 
 of movi- 
 
 virtue of 
 
 the— — 
 
 ion at the 
 
 DEED UNDER POWEK OF SALE. 
 
 225 
 
 of in the County of the lands and i)rciniscs 
 
 hereinafter described, and at the said sale the said lands 
 
 and premises were sold to the said at and for the 
 
 price or sum of dollars, he being declared the 
 
 highest bidder therefor. [// the auction sale proved 
 abortivcy and the lands 7vere siihse(juently sold by private 
 contract^ substitute^ at the said sale no bid or no sutificient 
 hid was made for the said lands and [)remises, whereupon 
 the said lands were withdrawn from sale. 
 
 And whi:reas the Company has contracted with 
 
 the said for the sale to him of the said lands at the 
 
 price or sum of dollars.] 
 
 Now THIS INDENTURE WITNESSETH that in Considera- 
 tion of the premises and by virtue of the said power of 
 sale and of all other powers it thereunto enaijiing, 
 
 and in consideration of dollars of lawful money of 
 
 Canada now paid by the party of the second part to the 
 Com[)any (the receipt whereof is hereby by the Com- 
 pany acknowledged), the Company doth grant unto the 
 party of the second part, his heirs and assigns forever, 
 all that certain parcel of land, situate, etc. 
 
 To have and to hold unto the party of the second 
 part, his heirs and assigns, to and for his and their sole 
 and only use forever, subject to any uni)aid taxes, rates, 
 or assessments due or accruing due in respect of the 
 said land. 
 
 The Company covenants vviih the party of the second 
 part that there has been default made for in pay- 
 ment of the moneys mentioned in the hereinbefore in 
 part recited indenture of mortgage; and that the Company 
 has done no act to encumber the said lands. 
 
 
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 226 
 
 CONVEYANCES. 
 
 In witness whereof ihc [maiuigcr] of the said the 
 — Company has hereunto set his hand and affixed the 
 
 corporate seal of the said Company. 
 In witness, etc. 
 Signed, sealed, etc. 
 
 DEED OF SALE 
 
 0/ mining lands in Quebec. 
 
 This Indenture made the day of — 
 
 Between of the of in the Township of- 
 
 18 
 
 in the County of , and Province of Quebec, , 
 
 of the first part, and of the of in the County 
 
 of , and Province aforesaid, , of the second part. 
 
 WITNESSETH that the party of the first part hath bar- 
 gained, sold, assigned, transferred, and set over, and 
 by these presents doth bargain, sell, assign, transfer, and 
 set over, with promise of warranty against all gifts, 
 dowers, alienations, hypothecations, troubles, and hin- 
 drances of every nature and kind whatsoever, unto the 
 party of the second part, hereto present and accepting 
 thereof as purchaser for himself, his heirs and assigns 
 forever, all and every the mines, minerals, mining rights, 
 and privileges of whatsoever nature and kind already 
 found, or which at any time hereafter may be found in 
 and upon that certain parcel or tract of land situate, 
 
 lying, and being in the Township of in the County 
 
 of , in the Province of Quebec, and known and dis- 
 tinguished according to the Official Plan and Book of 
 
 Reference of the said Township of as lot number 
 
 in the Range of the said Township, with all and 
 
I of ' 
 
 )ec, 1 
 
 e County 
 
 ;ond part. 
 
 bath \)ar- 
 
 iver, and 
 
 Insfer, and 
 all gifts, 
 and bii^- 
 
 [, unto the 
 accepting 
 id assigns 
 ling rights, 
 ,d already 
 le found in 
 .d situate, 
 ;he County 
 n and dis- 
 id Book of 
 ot number 
 rith all ai.d 
 
 SALE OF MINES IN QUEBEC. 
 
 227 
 
 every the buildings, constructions, and erections of 
 whatsoever kind and nature used in connt-ction with and 
 for the purpose of working the said mines and minerals, 
 and with all and every the right and privilege of ingress, 
 egress, and regress. 
 
 To have and to hold the said mines, minerals, rights, 
 privileges, and constructions hereinbefore bargained, 
 sold, assigned, transferred, and set over, or intended so 
 to be, unto the party of the second part, his heirs and 
 assigns forever, and to enter upon and take possession 
 thereof immediately. 
 
 The present Ale is made for and in consideration of 
 
 the sum of dollars, which has been this day paid by 
 
 the party of the second part to the party of the first part 
 and dont quittance generale et finale. 
 
 In witness, etc. 
 
 Signed, sealed, etc. 
 
 County of- 
 
 To Wit 
 
 Affidavit of execution. 
 
 I of the of—. 
 
 County of , and Province of 
 
 , make oath and say : 
 
 in the 
 
 (i) That I was personally present and did see the 
 within deed of sale duly signed, sealed, and executed by 
 
 and the parties thereto, at the of — -, and 
 
 that the signatures and arc the signatures of me, 
 
 this deponent, and of the other subscribing witness 
 thereto. 
 
 Sworn before me, etc. 
 
 ' ! 
 
i 
 
 I 
 
 I 
 
 M » ;■ 
 
 228 
 
 CONVEYANCES. 
 
 PARriTION DEED. 
 
 lUtwecti devisees or co-heirs, one of 7vhom pays a sum for 
 equality of partition. 
 
 This Indenturk made the day of , 18 — , in 
 
 pursuance of the Act respecting Short Forms of Con- 
 veyances, Uetwekn of the of in the County 
 
 of , , executor of the last will and testament \or 
 
 administrator of the estate and effects] of deceased, 
 
 of the first part ; of \one co-devisee or co-heir^ as 
 
 the case may be\ of the second part ; of {(mother 
 
 co-devisee or co-heir^ of the third part ; and of 
 
 [(mother co-devisee or co-heir^^ of the fourth part. 
 
 Whereas the said [deceased], being seized in fee 
 
 or otherwise well entitled to the lands hereinafter 
 
 mentioned, died on or about the day of , 18 — , 
 
 having made his will dated the day of , 18 — , 
 
 wherein he appointed the party of the first part the 
 
 executor thereof, who duly proved the same on the 
 
 day of , 18 — , in the Surrogate Court of the County 
 
 of . 
 
 And whereas the said testator by his said will 
 
 devised and bequeathed his whole estate, real and 
 personal, to his said executor upon trust for the purposes 
 of his said v/ill, and subject to certain pecuniary legacies, 
 which have been paid or provided for, directed that the 
 remainder of his estate should be divided equally among 
 the parties of the second, third, and fourth parts [or as the 
 case may Ife]. 
 
 [If the deceased died without a will, substitute for the 
 two preceding paragraphs the folloiving : 
 
 -^ Jl 
 
L for th( 
 
 Partition dked. 
 
 229 
 
 vVmf.rkas the said deceased, beinj^ seized in fee or 
 otherwise well entitled to the lands hereinafter mentioned, 
 
 died on or about the day of , 18 — , without 
 
 having made a will ; and whereas letters of administra- 
 tion of the estate of the said deceased were granted to 
 the party of the first part by the Surrogate Court of the 
 County of on the day of , 18 — .] 
 
 And whkreas the said lands form {)art of the said 
 residuary estate, and the parties of the second, third, and 
 fourth parts have agreed upon the division of the same 
 in manner following, that is to say : that the parties of 
 the second and fourth parts shall take the lands firstly 
 hereinafter described as tenants in common, and that the 
 party of the third part shall take the property secondly 
 hereinafter described. 
 
 And whereas the party of the fourth part has made 
 certain improvements on a portion of the said firstly 
 described lands, and it has been agreed that the party 
 of the third part should pay for equality of partitioh and 
 
 as compensation for said improvements the sum of 
 
 dollars to the said party of the fourth part. 
 
 Now THIS INDENTURE WITNESSETH that in Considera- 
 tion of the premises the parties of the first and third 
 parts, according to their respective estates and interests, 
 do grant and release unto the parties of the second and 
 fourth parts, their heirs and assigns forever, all that 
 certain parcel of land, situate, etc. 
 
 To have and to hold unto the parties of the second 
 and fourth parts, their heirs and assigns, to and for 
 their sole and only use forever, subject nevertheless to 
 the reservations, limitations, provisoes, and conditions 
 expressed in the original grant threof from the Crown. 
 
 *55 
 
 
 ' 1 
 
 i 
 
 1 
 
 * 
 
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 : 
 
 1 1* 
 
 I 
 
 ^ \Wm 
 
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 it 
 
 230 
 
 CONVEYANCES. 
 
 And the parties of the first and third parts covenant 
 with the parties of the second and fourth [)arts that they 
 will execute such further assurances of the said lands as 
 may be requisite. And the parties of the first and 
 third parts covenant with the parties of the second 
 and fourth parts that they have done no act to encum- 
 ber the said lands. 
 
 And this indknture witnesseth that in consideration 
 
 the premises, and of the sum of dollars of lawful 
 
 money of Canada, now paid by the party of the third 
 l)art to the party of the fourth part (the receipt whereof 
 is hereby by him acknowledged), the parties of the first, 
 second, and fourth parts, according to their respective 
 estates and interests, do grant and release unto the parly 
 of the third part, his heirs and assigns forever, all thai 
 certain parcel of land, situate, etc. 
 
 'I'o have and to hold unto the party of the third part, 
 his heirs and assigns, to and for his and their sole and 
 only use forever, subject nevertheless to the reservations, 
 limitations, provisoes, and conditions expressed in the 
 original grant thereof from the Crown. 
 
 And the parties of the first, second, and fourth parts 
 covenant with the party of the third part that they will 
 execute such further assurances of the said lands as may 
 be requisite. And the parties of the first, second, and 
 fourth parts covenant with the party of the third part 
 that they have done no act to encumber the said lands. 
 
 In witness, etc. 
 
 Signed, sealed, etc. 
 
licreof 
 
 le firs^ 
 peclive 
 
 e P'^^riy 
 
 all ibiU 
 
 rd pari, 
 ,o\c and 
 Ivations, 
 in the 
 
 CONVKYANCF. OK TIMIIKR. * 23 1 
 
 CONVEYANCE OF TIMHEK. 
 
 This iNDKNTUKii made the day of , i8 -, 
 
 r.i.iwKKN of the of in the County of , 
 
 , hereinafter called the vendor, of the first part, and 
 
 of the of in the County of , , here- 
 inafter called the [lurchaser, of the second part. 
 
 WiTNKSSL'.TH that the vendor in consideration of the 
 payments hereinafter mentioned to be made to him doth 
 huehy grant, bargain, sell, and assign to the purchaser 
 all the [pine] trees and timber now standing, growing, 
 lying, or being in and upon that certain parcel of land, 
 
 situate, etc., containing by admeasurement acres, 
 
 more or less. 
 
 To have and to hold the said trees and timber and 
 •cry part thereof to the purchaser to and for his sole 
 ...id only use ; provided, however, that the jnirchaser 
 removes the same within [years] from the date here- 
 of, after which date all trees or timber not removed shall 
 revert to and be and become the property of the vendor. 
 
 Provided that the purchaser, his servants, agents, and 
 
 workmen, shall at all times within [years] from the 
 
 date hereof have full and free liberty of entry and right 
 of way through, over, and upon said lands for the pur- 
 [lose of felling, cutting down, and carrying away the said 
 trees and timber in such a manner as he or they shall 
 think fit, and also to place and dry the bark of the said 
 trees on any part of the said premises, and with full 
 lihcrty to bring horses, oxen, or other animals, wagons, 
 sleighs, or other vehicles, in and upon the said lands for 
 the purposes aforesaid. 
 
 I 
 
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 232 
 
 CONVEYANC 
 
 . And the purchaser covenants with the vendor that he 
 
 will pay to him the sum of dollars as follows, that is 
 
 to say : . 
 
 And that the purchaser will fell, cut down, and carry 
 away the said trees and timber, with the boughs and bark 
 
 thereof, before the day of , 18 — , and in so doing 
 
 will do as little injury or damage as possible to the grass, 
 crops, and other property of the vendor, and will also 
 make compensation to the vendor for all injury or dam 
 age so done, and that he will repair all fences and hedges 
 upon said premises which shall have been injured in so 
 felling, cutting down, and conveying away said trees. 
 
 And it is hereby agreed that in case any dispute shall 
 arise between the parties hereto with regard to the sale 
 of the said timber, or to the compensation to be made 
 for any injury or damage caused as aforesaid, such dis- 
 pute shall be determined by two arbitrators, one to he 
 chosen by each of the said parties, and, if such two 
 arbitrators shall not agree, then a third arbitrator shall 
 be chosen by the said two arbitrators, and his decision 
 shall be conclusive on both parties. If, however, either 
 party shall neglect or fail to appoint an arbitrator within 
 
 days after having been so requested by the other 
 
 party, then the arbitrator appointed by the other parly 
 may proceed alone, and his award shall be conclusive on 
 both parties. 
 
 And the vendor cove . .ts, promises, and agrees to 
 and with the purchaser laat he has a good title in fee 
 simple to the said lands, and full right, power, and 
 authority to sell and dispose of the said timber and 
 trees, and that they are free from all encumbrances of any 
 kind whatsoever. 
 
' r% 
 
 lat he 
 bat is 
 
 , carry 
 
 d \)ark 
 
 1 doing 
 
 e grass, 
 
 •\\\ also 
 
 or dam 
 
 I hedges 
 
 id in so 
 
 rees. 
 
 ute shall 
 
 ) the sale 
 be made 
 such dis- 
 
 )ne to be 
 such two 
 ator shall 
 decision 
 ver, either 
 tor within 
 the other 
 :her party 
 elusive on 
 
 agrees to 
 
 "1 title in fee 
 
 lower, and 
 
 limber and 
 
 lr\ces of any 
 
 GRANT Of ANNUITY. 
 
 «33 
 
 And that the vendor shall have the full and free use 
 and enjoyment of the said lands during the said period of 
 without any interruption on the part of the pur- 
 chaser or his workmen, servants, or agents, save in so far 
 as may be necessary for the cutting and removing of the 
 said trees and timber. 
 
 And it is hereby agreed that the expressions, " the 
 vendor" and "the purchaser," wherever used in this 
 indenture, shall, where the context allows, include and be 
 
 binding not only on the said and , the parties 
 
 hereto, but also on their respective heirs, executors, 
 administrators, and assigns. . , > 
 
 In witness, etc. 
 
 Signed, sealed, etc. 
 
 • GRANT OF ANNUITY. 
 
 Charged on lafid. 
 This Indenture made the day of- 
 
 18-, 
 
 Between- 
 
 -of- 
 
 -, hereinafter called the grantor, of 
 
 the first part ; of , hereinafter called the grantee, 
 
 of the second part ; — —of , hereinafter called the 
 
 trustee, of the third part [and of , wife of the 
 
 grantor, of the fourth part]. 
 
 WITNESSETH that in consideration of , and of the 
 
 sum of dollars of lawful money of Canada, now paid 
 
 by the grantee to the grantor (the receipt whereof is 
 hereby acknowledged), the grantor doth grant to the 
 grantee, for the term of his natural life, an annuity of 
 dollars, to commence and be computed from and 
 
 "%'■ iM 
 
234 
 
 CONVEYANCES. 
 
 fii! 
 
 1 
 
 1 
 
 
 / 
 
 
 1 : ^ 
 
 'i 
 
 I 
 
 ^ 
 
 fI « ! 
 
 to be charged upon and issuing and payable out of all 
 that certain parcel of land, situate, etc., which said 
 annuity sbill be paid in equal [quarterly] payments on 
 
 the [first] days of and after the date hereof, the 
 
 first of such payments to be made on the [first] day 
 of , i8— . 
 
 And the grantor covenants with the grantee that the 
 grantor will pay to the grantee, during his life, the said 
 
 annuity of dollars on the days and in the manner 
 
 aforesaid. 
 
 Provided that the grantee shall release the said lands 
 from the said annuity and all charges thereunder at any 
 time on payment to him of all arrears of the aforesaid 
 
 annuity, and the sum of dollars to the trustee, which 
 
 said sum shall be held by the trustee upon trust to invest 
 the said sum in such securities as are allowed by the Act 
 respecting Trustees and Executors, being chapter no of 
 the Revised Statutes of Ontario (1887), or any amending 
 Act, and pay the income thereof to the grantee during 
 the term of his natural life, and on his decease to forth- 
 with pay such sum or transfer the securities therefor to 
 the grantor. 
 
 And it is hereby agreed that if default shall be made 
 in the payment of the said annuity or any part thereof 
 
 for the space of days next after any of the days 
 
 hereinbefore appointed for the payment thereof, then 
 and at any time thereafter it shall and may be lawful 
 for the grantee to enter into and upon the said land and 
 premises or any part thereof and to distrain, and the 
 distress and distresses then and there found to take, 
 lead, drive, carry away and impound, and the same 
 
GRANT OF ANNUITY. 
 
 235 
 
 i 1 
 
 ■ ! 
 
 impound to take, hold, and keep until the said annuity 
 and the arrears thereof (if any), together with all costs 
 and charges incurred by such distress or in the obtaining 
 payment of the said annuity, shall' be fully paid and 
 satisHed. 
 And it is further agreed that if default shall be made 
 
 for the space of days in the i)ayment of any sum 
 
 hereby secured, it shall be lawful for the grantee to 
 forthwith sell the premises or any part thereof, either by 
 [)iiblic auction or private contract, as the grantee shall 
 deem proper, with full power to buy in, rescind, or vary 
 any contract for sale and to resell without being 
 responsible for any loss occasioned thereby, and to 
 execute and do all such assurances and things 
 for effectuating any such sale as the grantee shall 
 (kern proper ; and that upon st'.ch sale as aforesaid any 
 party to these presents who may not be seized of the 
 legal estate in the premises sold, or in whom the legal 
 estate in the same premises shall be vested, shall execute 
 and do all, and such assurances and things for carrying 
 the sale into effect, as the person or persons by whom 
 the sale shall be made shall direct. Provided always 
 that the grantee shall not execute the power of sale 
 hereinbefore contained unless and until default shall 
 have been made in payment at any time hereinbefore 
 appointed for payment thereof of the moneys the 
 l)aymenl whereof is intended to be hereby secured, and 
 he shall have given a notice in writing to the grantor to 
 l)ay off the moneys for the time being owing on the 
 security of these presents or shall have left a notice in 
 writing to that effect at or upon sore part of the 
 
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 236 
 
 CONVEYANCES. 
 
 premises hereby charged, and default shall have been 
 made in j).iynient of the whole or part of said money for 
 —-months from the time of giving or leaving such 
 notice, or unless and until the whole or part of some 
 payment payable on the security of these presents shall 
 
 have become in arrears for months ; and every such 
 
 notice as aforesaid shall be sufficient, though not 
 addressed to any person or persons by name or 
 designation, and notwithstanding the person or any of 
 liie persons affected thereby may be unborn, unascer- 
 tained, or under disability. Provided also that upon 
 any such sale purporting to be made in pursuance of the 
 aforesaid power no purchaser shall be bound to inquire 
 whether any default has been made in payment of any 
 money as aforesaid or whether any money remains 
 owing on the security of these presents, or as to the 
 necessity or expediency of the stipulations subject to 
 which such sale shall have been made, or otherwise as 
 to the proi)nety or regularity of such sale, and notwith 
 standing any impropriety or irregularity whatsoever in 
 any such sale the same shall, as regards the purchaser or 
 purchasers, be deemed to be within the aforesaid power 
 and be valid accordingly, and the remedy (if any) of the 
 purchaser in res[)ect of any breach of any clause or 
 provision lastly hereinbefore contained, or of any impro 
 priety or irregularity whatsoever in any such sale, shall 
 be in damages only ; and it is hereby also agreed that 
 upon any such sale as aforesaid the receipt of the grantee 
 and trustee for purchase moneys of the premises sold 
 shall effectually discharge the purchaser or purchasers 
 therefrom, and from being concerned to see to the 
 
GRANT OF ANNUITY. 
 
 237 
 
 toever in 
 
 application or being accountable for any loss or misap- 
 plication thereof. 
 
 And it is further hereby agreed that the grantee shall 
 by and out of the moneys which shall arise from any 
 such sale as aforesaid in the first place reimburse him- 
 self or pay all the expenses incurred in and about such 
 sale or otherwise in relation to the premises, and in the 
 next place apply such moneys in or towards satisfaction 
 of the moneys for the time being owing on the security 
 
 of these presents ; and then to pay the sum of 
 
 dollars to the trustee, to be held by the trustee on the 
 trusts set out above ; and then pay the surplus (if any) 
 unto the grantor, or as he shall direct ; and it is hereby 
 also agreed that the aforesaid power of sale may be 
 exercised by any person or persons who for the time 
 being shall be entitled to receive and give a discharge 
 for the moneys owing on the security of these presents ; 
 provided also that the grantee shall not be accountable 
 for any involuntary losses which may happen in or about 
 the exercise or execution of the aforesaid power and 
 trusts or any of them. 
 
 Provided, lastly, and it is hereby agreed, that in the 
 construction of these presents, unless the contrary 
 appears, the expressions, " the grantor," " the grantee," 
 and "the trustee," shall include and be binding, not only 
 on the said , , and , but also on their respect- 
 ive heirs, executors, administrators, and assigns. 
 
 And the said , wife of the grantor, for and in con- 
 sideration of the sum of one dollar of lawful money of 
 Canada, to her in hand paid by the grantee (the receipt 
 whereof is hereby acknowledged), hath granted and 
 
 t < 
 
 I ' ! i' ;! 
 
 n :iP 
 
 ■1 t 
 
238 
 
 CONVEYANCES. 
 
 ?l !'• 
 
 released, and by these presents doth grant and release, 
 unto the grantee, his heirs, executors, administrators, 
 and assigns, all her dower and right and title which, in 
 the event of her surviving her said husband, she might 
 or would have to dower in, to, or out of the lands and 
 premises hereby charged or intended so to be. 
 
 In witness, etc. 
 
 Signed, sealed, etc. 
 
 GRANT OF RK.H'r OF WAY. 
 
 i ! 
 
 I lii'i 
 
 This Indenture made the day of , i8 — , 
 
 Between of the of in the County of , 
 
 , hereinafter called the grantor, of the first [)art, and 
 
 of the of in the County of , , here- 
 
 inafter called the grantee, of the second part. 
 
 WITNESSETH that in consideration of the sum of 
 
 dollars now paid by the grantee to the grantor (the 
 receipt whereof is hereby acknowledged) the grantor 
 doth hereby grant and convey unto the grantee the full, 
 free, and uninterrupted right and liberty to the grantee, 
 his agents and servants [and the tenants and occupiers 
 for the time being of the farm of the grantee hereinafter 
 mentioned], and all and every other person or persons, 
 for the benefit and advantage of the grantee from time to 
 time and at all times hereafter, at his and their will and 
 pleasure, by night and by day, and for all purpose? to 
 go, return, pass and repass with horses, cattle, or other 
 animals, carts, wagons, or other vehicles, laden or un- 
 laden, and also to drive cattle and other animals in, 
 
GRANT OF RIGHT OF WAY. 
 
 239 
 
 -, here- 
 
 through, along, and over the certain road or way formed 
 and fenced in by the grantor, out of and from lot 
 number in the of in the County of , be- 
 longing to the grantor, which road or way is feet in 
 
 -feet in length or thereabouts, and leads 
 — , the course, direction, and extent of 
 
 width and— 
 
 from to- 
 
 which said road or way [and the position of the farm above 
 mentioned] are shown on the plan hereto annexed ; and 
 also full right and liberty to the grantee and all or any 
 such person or persons as aforesaid, from time to time and 
 at all times hereafter, with workmen, horses, carts, and 
 other persons or things, to enter in or upon the said 
 road or way, the right of user whereof is hereby granted, 
 and to make and lay causeways and bridges and other- 
 wise to repair the said road or way as occasion shall 
 require. 
 
 And the grantee covenants with the grantor that the 
 j^'rantee will from time to time hereafter, at his own 
 expense, repair and amend, and keep repaired and 
 amended, in a proper, substantial, and workmanlike 
 manner the said road or way, the right and liberty of 
 user whereof is hereby granted, and also the gate erected 
 
 by the grantor across the said road or way at the 
 
 end or extremity thereof, and the lock and fastening 
 belonging thereto, and will from time to time and at all 
 times hereafter, at the like expense of the grantee, repair 
 and renew the fence on both sides of the said road or way ; 
 and also that the grantee, and his agents and servants 
 [and the tenants and occupiers for the time being of 
 his said farm using the said road or way, the user whereof 
 is hereby granted], will, if and whenever, and so long as 
 
 -ii ■ 
 
 nr 
 
; V. 
 
 240 
 
 CONVEYANCES. 
 
 li !l 
 
 .i: 
 
 the grantor or the owner or owners for the time being 
 of the lands adjoining the said road shall so require, 
 immediately after having used and passed through the 
 said gate, shut and lock the same. 
 
 And it is agreed that the expressions, *• grantor " 
 and " grantee," wherever used in this indenture, shall, 
 where the context allows, include and be binding not 
 only on the parties hereto, but also on all persons 
 deriving title under them respectively. 
 
 In witness, etc. 
 
 Signed, sealed, etc. * 
 
 ^ 
 
 GRANT OF RIGHT OF WAY. 
 
 . (Short Form.) 
 This Indenture made the day of— 
 
 18 
 
 Between- 
 
 -of the of in the County of- 
 
 , hereinafter called the grantor, of the one part, and 
 
 of the of in the County of , , here- 
 inafter called the grantee, of the other part. 
 
 WITNESSETH that in consideration of the sum of 
 
 dollars now paid by the grantee to the grantor (the 
 
 receipt whereof is hereby acknowledged) the grantor 
 doth hereby grant and convey unto the grantee the free 
 and uninterrupted use and liberty of passing and repass- 
 ing with horses and other animals, wagons or other 
 vehicles, through, along, and over a certain road or way 
 
 feet in width and feet in length or thereabouts, 
 
 which said road leads from to , and is more par 
 
 ticularly shown on the plan hereto annexed. 
 
GRANT OF RIGHT OP WAY. 
 
 241 
 
 uirc, 
 1 the 
 
 ntor " 
 shall, 
 ig not 
 ersons 
 
 To have and to hold all the rights and privileges 
 aforesaid to the grantee and his servants, agents, and 
 workmen, to his and their proper use as aforesaid. 
 
 And the grantee covenants with the grantor that the 
 grantee will, at his expense, keep the said road or way in 
 proper repair and condition. 
 
 And it is agreed that the words "grantor" and 
 "grantee" shall include and be binding also on the 
 heirs and assigns of the parties hereto. 
 
 In witness, etc. 
 
 Signed, SEALED, etc. 
 
 ■) ' 
 
 18-, 
 
 of -, 
 
 »art, and 
 —, here- 
 
 sum of 
 itor (the 
 grantor 
 the free 
 a repass- 
 • other 
 or way 
 eabouts, 
 nore par- 
 
 i 
 
 iR 
 
 It: 
 
R 
 
 JM:,! 
 
 DHCLARATIOxNS. 
 
 srAru roRY declaration. 
 
 County of- 
 
 (56 Vict., c. 31, Can., Schedule A.) 
 
 In the m.\tter of — 
 I of the of 
 
 To Wit 
 
 County of- 
 declare : 
 
 in I ho 
 
 -, do solemnly 
 
 That [s/a/f the fact or facts declared to\ 
 
 And I make this solemn declaration conscientiously 
 believing it to be true, and knowing that it is of the same 
 force and effect as if made under oath, and by virtue of 
 The Canada Evidence Act, 1893. 
 
 I)i:cL.\RED before me at the ' 
 
 of in the County of this 
 
 (lay of A.I). 18—. 
 
 A Commissioner for taking Affidavits 
 \()r any person authorized to administer an oath]. 
 
 DECLARATION OF TRUST. 
 
 Where purchase money advanced by two persons, and in 
 equal or unequal prof>ortions. 
 
 To ALL to whom these presents shall come, I 
 
 of send greeting : 
 
; 'I 
 
 DECLARATIONS OF TRUST. 
 
 243 
 
 \V H ER K AS by deed dated the day of , 1 8 — , and 
 
 registered in the Registry Office for the County of as 
 
 No. , of conveyed to me, all that certain 
 
 parcel of land, situate, etc. 
 
 And whereas the whole consideration or sum paid 
 hy me for the purchase of the said land and premises 
 
 was dollars, of which sum one [half] part was the 
 
 money of me the said , and one [half] part was 
 
 money of- 
 
 and the said purchase was made by me 
 
 as to one [equal undivided half] part of the said premises 
 
 as a trustee for and on behalf of the said , as I do 
 
 hereby admit and declare. 
 
 Now THESE PRESENTS WITNESS that in Consideration 
 of the premises I hereby acknowledge and declare that 
 I, my heirs, executors, administrators, and assigns, do 
 stand seized of one [undivided half] part of the said 
 lands and premises, with the appurtenances thereby con- 
 veyed by the deed hereinbefore recited, in trust for the 
 
 said his heirs and assigns forevt-r, and that I or my 
 
 heirs, executors, administrators, or assigns will convey, 
 lease, or dispose of the same in such manner as he or 
 they shall direct. 
 
 In WITNESS WHEREOF the parties hereto have here- 
 unto set their hands and seals. 
 
 Signed, sealed, and delivered 
 in the presence of 
 
 ■I 
 
 k f 
 
 t i 
 
 } v 
 
 * - il i 
 
. t 
 
 lii; 
 
 m I 
 
 ■ii 
 
 H4 
 
 nRCI.ARATIONS. 
 
 DECI.ARATION OF TRUST. 
 
 IVhere a f/ior(i;^a:;e is taken for several lenders. 
 
 Memorandum made this day of , i8- 
 
 -of the of in the County of- 
 
 Betwkkn- 
 
 , hereinafter called the trustee, of the first part ;- 
 
 of the of in the County of , , of tin- 
 
 second part; and of the of in the County of 
 
 , , of the third part. 
 
 Whkreas by indenture of mortga^^e [bearing even 
 
 date with these presents], [name of mortga}:^or\ of 
 
 the of in the County of , , (in con 
 
 sideration of the sum of^ dollars expressed to he 
 
 paid to him by the trustee above mentioned) con 
 
 veyed certain land, situate at in the County of 
 
 and more particularly described in the said indenture, to 
 the trustee to secure the payment to him of the sum of 
 
 dollars, with interest thereon at the rate of per 
 
 cent, per annum. 
 
 And whereas the said sum of- 
 
 -dollars in the said 
 
 indenture mentioned as having been advanced by the 
 trustee was in fact contributed by the parties hereto of 
 the second and third parts in the proportions or sums 
 
 following, that is to say : the sum of dollars by the 
 
 said party of the second part, and the sum of dollars 
 
 by the said party of the third part. 
 
 And whereas the trustee has at the request of the said 
 parties of the second and third parts, by whom the '^n 
 
 sum of dollars was loaned as aforesaid, agret 
 
 make and execute such declaration of trust as is hei 
 after contained. 
 
DECLARATIONS OK TRUST. 
 
 245 
 
 18- 
 f , 
 
 of the 
 Linly of 
 
 g even 
 
 .K"^] of 
 
 in con 
 
 I to l)c 
 
 ed) con 
 
 yr of 
 
 nture, lo 
 i sum of 
 f -P^'f 
 
 the said 
 
 Id by the 
 
 jhereto of 
 
 or sums 
 
 Irs by the 
 
 -dollars 
 
 )f the said 
 
 the '^ 
 lagre. 
 lis her>. "■ 
 
 Now TUKSK PKKSENTS WITNESS that In pursuance of 
 the said agreement and in consideration of the premises 
 the trustee hereby declares that he, his executors, 
 administrators, and assigns, shall henceforth stand pos- 
 sessed of all interest in th*^ said principal sum of 
 
 dollars secured by the hereinbefore recited indenture of 
 mortgage, and the interest thereon, upon the trusts 
 following, that is to- say : upon trust out of the moneys 
 which shall be received from time to time under the 
 said mortgage in the first place to pay thereout all 
 the costs, charges, and expenses of and incident to the 
 demanding recovering, and enforcing payment of the 
 Slid moneys, and of the execution of the trusts of these 
 presents ; and subject thereto in trust ratably and 
 pari passu for the said parties of the second and third 
 parts, by whom the said sum of dollars was con- 
 tributed, or their respective executors, administrators, or 
 assigns, according and in proportion to the several sums 
 so contributed and advanced by them respectively as 
 aforesaid. 
 
 Provided always and it is hereby further declared that 
 the power of sale and other powers vested by statute in 
 a mortgagee, except powers of leasing and agreeing to 
 lease or let, shall be forthwith exercisible and put in 
 force upon the request in writing of either of the parties 
 hereto of the second and third parts, by whom the said 
 
 [', ,)al sum of dollars was so contributed as 
 
 aforesaid, or of any other person or persons for the time 
 bcin; ntitled to the whole or a part or share of any of 
 the several sums so contributed as aforesaid. 
 
 In WITNESS, etc. " 
 
 Signed, seai d, etc 
 
 ' 
 
 i' V 
 
1 , 
 
 246 
 
 DECLARATIONS. 
 
 DECLARATION OF TRUST OF STOCK. 
 
 Memorandum made this day of , 18 — . 
 
 I of the of in the County of , , 
 
 do hereby acknowledge and declare that I am possessed 
 of shares in the capital stork of Company, num- 
 bered from to inclusive, and that the same were 
 
 transferred to me in trust for the only use, benefit, and 
 
 advantage of of in the County of , , and 
 
 his legal representatives ; and that the same stock was 
 purchased with money which belonged solely to said 
 
 , and that the certificate of said shares of said stock 
 
 were taken in the name of me, the said , from motives 
 
 of temporary convenience ; and that the said stock, and 
 all dividends and advantages accruing thereon, are and 
 shall be held by me and my legal representatives only for 
 the convenience, use, benefit, and advantage of him, the 
 
 said , and his legal representatives ; and on demand 
 
 from him or them I will, and my legal representatives 
 shall, assign the same to him or them, and account to 
 and pay over to him or them all dividends and profits 
 that shall by me or them have been received thereon. 
 
 In witness, etc. 
 
 Signed, sealed, etc. 
 
i 
 
 GUARANTEES. 
 
 i i:| 
 
 y, nuin- 
 
 'IV) & Co. 
 
 GUARANTEE. 
 
 Unlimited and continuing. 
 
 The— — day of- 
 
 i8- 
 
 In consideration of your selling goods from time to 
 
 time to of on such terms of credit as you shall 
 
 think fit, I guarantee to you the payment of all moneys 
 which are now or which shall at any time hereafter he 
 due to you by him, and also due payment of all paper 
 which may at any time be given to you by him or held 
 by you upon which he shall or may be liable. You shall 
 have the right at any time to refuse further credit to the 
 
 said , and to release any and all collateral or other 
 
 securities, extend the time for payment to him or to any 
 person liable upon any collateral or other security 
 which you may at any lime hold or compromise or 
 compound with him or them, without notice to me, 
 and without discharging or affecting my liability. 
 
 This guarantee to be a continuing guarantee. 
 
 WiTNKSS : I 
 
 GUARANTEE. 
 Unlimited and continuing 
 
 (Another Form.) 
 
 To & Co., of- 
 
 I hereby guarantee payment to you for all goods which 
 you may supply to of at his request. 
 
^' m] 
 
 < TTf" 
 
 24S 
 
 ouarantees. 
 
 5: l( 
 
 And I agree that you shall be at liberty to accept his 
 notes or acceptances for the price of such goods or any 
 part thereof, to renew the same, or any part thereof, to 
 compromise his liability to you, and to exercise or relin- 
 quish other securities, as you may think proper, without 
 lessening or affecting your rights against me. 
 
 And I declare and agree that this guarantee shall con- 
 tinue to be binding, and shall inure to the benefit of 
 your firm, whether composed of its present or other 
 partners, and whether under the present or any other 
 firm name. 
 
 Dated the day of , 18—. 
 
 GUARANTEE 
 /^or a certain amount. 
 
 To & Co., of- 
 
 Gentlemen, — Understanding that of the 
 
 of 
 
 , , desires to purchase goods from you from 
 
 time to time upon credit so that the indebtedness for 
 
 the same shall not at any one time exceed dollars, 
 
 and that you are willing to supply the same to him on 
 receiving this security, we beg to- say that in considera- 
 tion that you will supply goods to him from time to time 
 upon credit we, the undersigned, jointly and severally 
 guarantee the payment by him to you of the price of 
 such goods which you may from time to time supply to 
 
 him upon credit to the extent of dollars, provided 
 
 that you shall be at liberty to accept his notes or accept- 
 ances for such price, or any part thereof, to renew the 
 same or any part, to compromise his liability to you, and 
 
 "91 1 IB! f ■• 
 
CONTINUING GUARANTEE. 
 
 249 
 
 to accept or relinquish other securities as you may think 
 proper, witliout lessening or affecting your rights against 
 us, or any of us, and that this shall be a continuing guar- 
 antee to the extent of -dollars for the price of all 
 
 goods which you may from time to time supply to him 
 until determined by written notice from us to you, and 
 shall inure to the benefit of your firm, whether composed 
 of its present or other partners, and whether undtT the 
 present or any other firm name. 
 Dated the day of , 18—. 
 
 GUARANTEE. 
 For a certain amount, 
 
 (Short Korm.) 
 
 To- 
 
 of- 
 
 I hereby guarantee the payment to you for such goods 
 
 as of may require of you to the extent of 
 
 dollars, but this is not to be a continuing guarantee. 
 
 Dated the day of , 18 — . 
 
 GUARANTEE. 
 
 Continuing, but limited in am< '>t 
 
 The day of , 18- 
 
 -& Co. 
 
 To Messrs. - 
 
 In consideration of your selling goods from time to 
 
 lime to of on such terms of credit as you shall 
 
 think fit, I guarantee to you payment of all moneys 
 which are now or which shall at any time hereafter be 
 due to you by him, and also due payment of all paper 
 which may at any time be given to you by him, or held 
 
 ! f 
 
 I ' M 
 
 i ■ 
 
 \ \ 
 
 V I 
 
 ■ I1 
 
 :'<; 
 
»r 
 
 ill 
 
 SB I 1 I ( 
 
 :l' 
 
 ■ ; 
 
 250 
 
 GUARANTEES. 
 
 by you, upon which he shall or may be hable. This 
 guarantee shall be a continuing guarantee to the extent 
 
 of and not exceeding dollars, and shall extend to and 
 
 i)e security for all and every sum or sums of money to 
 
 the extent of dollars as aforesaid which shall or may 
 
 at any time be due from the said to you, over and 
 
 above any dividends or moneys which shall be received 
 from his estate, and over and above any moneys which 
 may be realized from any securities which you hold or 
 may hereafter hold. You shall have the right at any time 
 
 to refuse further credit to the said , and to release 
 
 any collateral or other securities, extend the time for pay- 
 ment to him or to any person liable upon any collateral 
 or other security which you may at any time hold, or 
 compromise or compoun.l with him or them without 
 notice to me, and without discharging or affecting my 
 liability. 
 Witness: 
 
 } 
 
 GUARANTEE. 
 
 Continuing guarantee for balance above a fixed sum. 
 
 The day of- , 18 —. 
 
 To Messrs. 
 
 -&Co. 
 
 In consideration of your selling goods from time 10 
 
 time to of on such terms of credit as you shall 
 
 think fit, I guarantee to you the payment of all moneys 
 which are now or which shall at any time hereafter bo 
 due to you by him, and also due payment of all bills, 
 notes, or cheques which may at any time be given to 
 
GUARANTEE TO BANKERS. 
 
 251 
 
 i'/«i 
 
 This 
 extent 
 to and 
 )ney to 
 or may 
 er and 
 eceivcd 
 s which 
 hold or 
 iny time 
 ) release 
 2 for pay- 
 collateral 
 
 hold, or 
 \ without 
 Icting my 
 
 III sum. 
 
 18-. 
 
 m time U) 
 
 you shall 
 
 all moneys 
 
 ereafter he 
 
 ,f all bills, 
 
 )e given to 
 
 you by him or held by you, upon which he shall or may 
 be liable, over and above the sum of dollars. 
 
 This guarantee shall be a continuing guarantee to 
 secure the ultimate balance which is now or which shall 
 hereafter be due by him to you in respect of moneys and 
 
 paper aforesaid over and above the said sum of 
 
 dollars, and any dividends or moneys which shall be 
 received from his estate, and any moneys which may be 
 realized from any securities which you hold or may here- 
 after hold, shall and may be first applied by you upon 
 
 the liability of the said to you not hereby secured 
 
 until the same shall be fully paid. 
 
 You shall have the right at any time to refuse further 
 
 credit to the said and to release any collateral or 
 
 other securities, extend the time for payment to him or 
 to any person liable upon any collateral or other security 
 which you may at any time hold or compromise or 
 compound with him or them without notice to me, and 
 without discharging or affecting my liability. 
 
 Witness : 
 
 ] 
 
 GUARANTEE TO BANKERS. 
 
 Continuing, but limited in amount. 
 
 The day of , 18- 
 
 To Messrs. & Co., Bankers at . 
 
 Gentlemen, — In consideration of your continuing the 
 
 hanking account now kept by you with & Co., and 
 
 of making advances from time to time thereon, I hereby 
 guarantee to you the payment of the current balance for 
 
 ; ! 
 
 n 
 
 i ) 
 
 t ■ 
 
 tl .!i 
 
I 1 1 
 
 liijliill'^ I ^ 
 
 1 r 
 
 *5^ 
 
 GUARANTEES. 
 
 the time being due from the said firm to you, and to any 
 future partner or partners you may have, on the balance 
 of accounts for or on account or in consequence of any 
 notes, bills, loans, payments, discounts, or other banking 
 transactions made, entered into, or carried on by your 
 firm to or for the use or on the account of the firm of 
 
 & Co., or for interest, commission, or any other 
 
 usual charges, or in consequence of any dealings or 
 transactions whatsoever between your firm and the firm 
 
 of & Co., or on its account. Provided that the 
 
 whole amount of money to be ultimately recoverable by 
 virtue of this agreement shall not exceed dollars. 
 
 And for the consideration aforesaid, I further agree 
 that this documentshall operate as acontinuingguarantee, 
 and that no advance or advances you may from time to 
 
 time make to the firm of & Co. beyond the extent 
 
 before mentioned, nor the possession of any guarantee 
 from any other person or persons, nor of any other 
 security or securities, nor any change whatsoever in the 
 firm of & Co., or in the firm or partnership arrange- 
 ments of your house, whether arising from death or 
 otherwise, shall in any way determine or prejudice any 
 liability under this agreement. 
 
 Witness: ) •. 
 
 GUARANTEE OF PAYMENT OF A DEBT 
 By instalments^ in consideration of staying suit. 
 
 To of- — . 
 
 In ednsideration of yolir staying pfotefedings in the 
 action you have commenced against in the Court 
 
l.J 
 
 11 
 
 GUARANTEE OF RENT. 
 
 ^53 
 
 5 any 
 
 ilance 
 
 )f any 
 
 inking 
 
 J your 
 
 irm of 
 other 
 
 ngs or 
 
 he firm 
 
 \2X the 
 
 able by 
 
 lars. 
 
 ;r agree 
 
 larantee, 
 time to 
 
 e extent 
 
 uarantee 
 
 ■ly other 
 
 er in the 
 arrange- 
 ieath or 
 idice any 
 
 )EBT 
 
 suit. 
 
 of to recover the sum of dollars, I hereby 
 
 guarantee to pay that amount to you by [weekly] instal- 
 ments of dollars. And I further agree that in default 
 
 of payment of any instalment when due that the whole 
 
 balance then remaining of the said sum of dollars 
 
 shall be due by me to you by virtue hereof. 
 Dated the day of , i8 — . ■ 
 
 GUARAl^tEE OF RENT. 
 
 To be endorsed on lease. 
 
 In consideration of the making of the within written 
 lease, I do hereby covenant and agree with the within 
 named .lessor, his heirs, executors, administrators, and 
 assigns, that if default shall at any time be made by the 
 lessee therein mentioned, or his executors, administrators, 
 or assigns, in the payment of the rent or the perform- 
 ance of the covenants in the within lease contained, 
 on his and their part to be paid and performed, I will 
 well and truly pay the said rent and any arrears thereof 
 that may remain due, and also all damages that may 
 arise in consequence of the non-performance of said 
 covenants or either of them, and that it shall not be 
 necessary to notify me of any default. 
 
 Witness my hand and seal this day of , i8 — . 
 
 Witness : 
 
 1 
 
 ! '■ 
 
 '<< I, i 
 
 • 1) 
 
 xs in tne 
 \ — Court 
 
Irir 
 
 LAND TITLES. 
 
 LAND TITLES ACT. 
 
 m 
 
 By virtue of the statute 52 Vict.^ c. 20 y s. j, Ont., a 
 charge or transfer of land registered under the Land Titles 
 Act need not be under seal. The Act, hotvever, is silent 
 as to the limit of time beyond which the remedy under a 
 covenant in either of these instruments would be barred by 
 the Statute of Litnitations. Even assuming that a cove- 
 nant implied by the Act constitutes a contract by specialty, 
 and therefore continues in force for ten years (jd Vict., c. 77), 
 // is doubtful if any covenant not implied by the Act would 
 have any greater force than a simple contract would have, 
 the remedy under which would be barred after six years. 
 It is advisable, therefore, that these instruments should be 
 under seal. 
 
 Where a witness is a clerk in a law office, or other em- 
 ployee, the name of the employer should be given to facili- 
 tate identification, and ivhere it is unlikely that the Master 
 of Titles is acquainted with the witness, the Commissioner 
 or other person before whom the affidavit is taken should 
 add a certificate of his kno7vledge of the witness. Tim 
 may be in the form on page 26g. 
 
Ont., a 
 
 \d Titles 
 
 is silent 
 
 under a 
 
 \arred by 
 
 \t a cave- 
 
 specialty^ 
 
 ct., c. I7\ 
 
 ict would 
 
 uld have, 
 
 ;ix years. 
 
 should be 
 
 other em- 
 to facili- 
 he Master 
 wiissioner 
 len should 
 ess. This 
 
 TRANSFER, WITH DOWER. 
 
 TRANSFER 
 
 Of freehold land^ with bar of dower. 
 
 255 
 
 Land Titli s Act. 
 I of the of in the County of- 
 
 ihe registered owner of the freehold land registered 
 
 irt the office of Land Titles at as parcel 
 
 in the register for , in consideration of the sum 
 
 of dollars paid to me, transfer to of the of 
 
 -in the County of- 
 
 -, the land hereinafter 
 
 particularly described, namely : \}iere describe land ], 
 being the whole \or a part] of the said parcel. 
 
 And I , wife of the said , hereby bar my 
 
 dower in the said land. 
 
 Dated the day of- 
 
 WlTNESS : 
 
 -, 18—. 
 
 } 
 
 \_or Signed, sfcaled, and delivered 
 in the presence of] 
 
 Affidavit of transferor. 
 
 I — I—, the transferor named in the above transfer, 
 make oath and say : 
 
 That the above-named is my wife, and we are 
 
 both over the age of twenty-one years. 
 
 Sworn before me at the 
 
 of in the County of this 
 
 day of , 18 — . 
 
 A Commissioner, etc. « 
 
k- 
 
 )t <\ 
 
 i ;!$ 
 
 
 1 plH'j|M|'i 
 
 ^ 
 
 IL. 
 
 256 
 
 I 
 
 -of the 
 
 LAND TITLES. 
 
 .IJ/idavit of execution. 
 — )f in the County of- 
 
 makc oath and say : 
 
 I am well acquainted with- 
 
 -and- 
 
 -named in the 
 
 within document, and saw them sign the said document, 
 and the signatures purporting to be their respective 
 signatures at the foot of the said document are in their 
 
 handwriting. The said is, as I verily believe, the 
 
 owner of the land within mentioned, and the said 
 
 is reputed to be, and is, as I verily believe, his wife. 
 
 The s lid and are each of the age of twenty-one 
 
 years or over, are each of sound mind, and signed ihc 
 
 said document voluntarily at in the County of 
 
 in the Province of Ontario \or as the case may he\ 
 
 I am a subscribing witness to the said document. 
 
 Sworn before me, etc. 
 
 TRANSFER 
 
 Of freehold or leasehold land, ivithout doiver. 
 
 I- 
 
 -of the- 
 
 Land Titles Act. 
 -of in the County of- 
 
 the registered owner of the freehold \or leasehold] land 
 
 registered in the office of Land Titles at as parcel 
 
 in the register for , in consideration of the sum 
 
 of dollars paid to me, transfer to of the of 
 
 -in the County of- 
 
 -, the land hereinafter 
 
 particularly described, namely: \here describe land\ bcinj; 
 the whole \or a part] of the said parcel. 
 
 Dated the day of , 18—. 
 
 Witness : ) 
 
 [c;/' Signed, SEALED, etc.] 
 
CHARGE OR MORTGAGE. 
 
 257 
 
 I 
 
 Affidavit of transferor. 
 -, the transferor named in the above document, 
 
 make oath and say : 
 
 That I am of full age and unmarried. 
 Sworn before me, etc. 
 
 Affidavit of exeattion. 
 I of the of in the County of- 
 
 make oath and say : 
 I am well acquainted with- 
 
 -namcd in the within 
 
 document, and saw him sign the said document ; and 
 the signature purporting to be his signature at the foot 
 of the said document is in his handwriting. 
 
 The said is, as I verily believe, the owner of the land 
 
 within mentioned. The said is of the age of twenty- 
 one years or over ; he is reputed to be, and, as I believe, 
 is unmarried ; he is of sound mind, and signed the said 
 
 document voluntarily at in the County of in the 
 
 I'rovince of Ontario \or as the case may be\ 
 
 I am a subscribing witness to the said document. 
 
 Sworn before me, etc. 
 
 CHARGE OR MORTGAGE. 
 
 Land Titles Act. 
 
 —of in the County of , , 
 
 (hereinafter called the mortgagor), the registered owner 
 of the land registered in the office of Land Titles, at 
 
 I 
 
 -of the- 
 
 I ;i 
 
 ; 
 
 Hltf 
 
Ij'l 
 
 I! 
 
 ill 
 
 I • 
 
 >58 
 
 LAND TITLES. 
 
 , as parcel in the register for , in consid- 
 eration of the sum of dollars paid to me, charge 
 
 the land hereinafter particularly described, namely : 
 
 , being the whole [or a l)art] of the said parcel, 
 
 with the payment to of the of in the County 
 
 of , , (hereinafter called the mortgagee), of the 
 
 principal sum of dollars, with interest at the rate 
 
 of per cent, per annum, payable as hereinafter pro- 
 vided, and with a power of sale as hereinafter expressed, 
 
 [//ere insert such special covenants and provisoes as are 
 desired. For these, see " Mortgage, ^^ Special Form,] 
 
 Provided this charge to be void on payment of the 
 
 said sum of dollars of lawful money of Canada, with 
 
 interest at per cent, as follows : , and taxes aiul 
 
 performance of statute labor. 
 
 The mortgagor covenants with the mortgagee thai 
 
 he will pay the mortgage money and interest and observe 
 the above proviso, and that on default the mortgagee 
 shall have quiet possession of the said lands free from 
 all incumbrances. And that he will insure the buildings 
 
 on the said lands to the amount of not less than 
 
 dollars currency. 
 
 Provided that the mortgagee on default of payment 
 
 for months may on notice enter on and lease or 
 
 sell the said lands. Provided that the mortgagee may 
 distrain for arrears of interest. Provided that in default 
 of the payment of the interest hereby secured the princi- 
 pal hereby secured shall become payable. 
 
 [And I , wife of the said , hereby bar my dower 
 
 in the said land.] 
 
risid- 
 large 
 iiely •• 
 arctl, 
 ounly 
 )f the 
 B rate 
 IV pro- 
 fessed. 
 as are 
 
 ] 
 of the 
 
 la, with 
 
 xes anil 
 
 Tee that 
 observe 
 jrtgagee 
 ee from 
 uildings 
 lan 
 
 )ayment 
 
 lease or 
 
 ree may 
 
 default 
 
 ^e princi- 
 
 Ly dower 
 
 CHARGE Ok MORTGAGE. 
 
 259 
 
 This charge is made in pursuance of the Act respect- 
 ing Short Forms of Mortgages. 
 
 Dated the day of , 18 — . 
 
 Witness: \ 
 
 [/>/" SKiNKD, SEALED, etc. I 
 
 Alfidtwit of oivncr of land when doiver is harrcd. 
 
 I , one of the parties named in the above charge, 
 
 make oath and say : 
 
 That the above-named — —is my wife, and we are 
 both over the age of twenty-one years. 
 
 Sworn before me, etc. 
 
 Affidavit of execution ivhen dower is barred, 
 \See " Affidavit of execution,'^ p. 2j6.] 
 
 Affidavit ivhen owner of land unmarried. 
 
 I , the mortgagor named in the above charge, 
 
 make oath and say : 
 
 That I am of full age and unmarried. 
 Sworn before me, etc. 
 
 Affidavit of execution 7vhen owner of land unmarried. 
 \Use ''Affidavit of execution'' on p. 2j/.] 
 
 ! f 
 
 ■ I 
 
 (" 
 
26o 
 
 LAND TITLES. 
 
 TRANSFER OF CHARGE OR MORTGAGE. 
 
 I ' > 
 
 i I' 
 
 ;t'l i :!1 
 
 \\i 
 
 \-/' 
 
 i i sil i' 
 
 lliii 1 
 
 i ■ ' !■ 
 
 Land Titles Act. 
 
 I of the of in the County of , , 
 
 the registered owner under the Land Titles Act of the 
 
 charge dated the day of , i8 — , made by of 
 
 the of in the County of , , and regis- 
 tered as No. charging the land registered as parcel 
 
 in the register for , in consideration of 
 
 dollars paid to me, transfer such charge to of the 
 
 of in the Coi'r.ty of , , as owner. 
 
 Where if is intended that the charge shall be transferred 
 back on the performance of certain conditions or on the 
 payment of a certain sum of money, e.g., a derivative 
 mortgage, a covenant to that effect may be inserted, but a 
 mortgage of a charge cannot be registered under the Land 
 Titles Act. For the above purpose, the following covenant 
 may be used : 
 
 And the said [transferee'] covenants with the said 
 
 \transferor^^\.\^^\.\l\^on payment bythesaid [trans- 
 feror], his executors or administrators, to the said 
 
 [transferee] of the sum of dollars on or before the 
 
 day of , 1 8 — , together with interest thereon 
 
 at the rate of per cent, per annum, to be computed 
 
 from the date hereof, and to be payable [half] yearly, 
 
 every day of and at the said rate on all 
 
 arrears, whether of i)rincii)al, money, or interest, from and 
 after the days the same respectively become due until 
 actual payment of the same, the said [transferee] will 
 reassign to the said [troAsferor] the said charge, subject, 
 
 f ■ 1 i 
 
TRANSFER OF CHARGE. 
 
 a6i 
 
 m 
 
 regis- 
 , parcel 
 
 of 
 
 -of the 
 
 r. 
 
 nsferred 
 r on the 
 mvative 
 d, but o. 
 he Land 
 covenant 
 
 he said 
 -J\trans- 
 
 aid 
 
 fore the 
 
 thereon 
 omputed 
 ] yearly, 
 on all 
 
 rom and 
 ue until 
 
 ■eree\ will 
 
 , subject, 
 
 however, to any release of portions of the mortgaged 
 lands which may have been discharged from the said 
 charge under the terms thereof, it being hereby under- 
 stood and agreed that all moneys, whether principal or 
 interest, from time to time to be received by the said 
 \transferee\ upon the said charge hereby transferred 
 shall be applied by him in discharge of all interest from 
 
 time to time accrued due upon the said sum of 
 
 dollars or the unpaid balance thereof, and the residue to 
 be retained by the said \transferee\ and applied by him 
 in or towards payment of interest and principal accruing 
 due thereon whenever the same shall become due, the 
 said \transferee\ however, not to be liable for interest on 
 any such residue so retained by him, and the said 
 \transferor\ hereby covenants that he will pay the said 
 sum of dollars and interest thereon as aforesaid. 
 
 Dated the day of , i8 — . 
 
 Witness : ) 
 
 \or Signed, sealed, etc.] 
 
 I 
 
 -of the- 
 
 Affidavit of execution. 
 —of in the County of- 
 
 makc oath and say : 
 
 I am well acquainted with- 
 
 ■named in the above 
 
 document, and saw him sign the said document, and the 
 signature at the foot of the said document is in his 
 handwriting. 
 
 The said is, as I verily believe, the person of that 
 
 name mentioned in the above-mentioned charge. 
 
 ! 
 
 M * 4 
 
 m 
 
 I 
 
 1 
 
 MM !■' 
 
 \ W 
 
W I 
 
 i- i 
 
 ! 
 : j i 
 
 i'lfi'l ^ 
 
 262 
 
 LAND TITLES. 
 
 The said is of the age of twenty-one years or over, 
 
 is of sound mind, and signed the above document 
 
 voluntarily at in the County of and Province of 
 
 Ontario. 
 
 Sworn before me, etc. 
 
 DISCHARGE OF MORTGAGE 
 
 Cteated before land broit;^ht under Land Titles Act. 
 
 I 
 
 -of the- 
 
 Land Titles Act. 
 —of in the County of- 
 
 do certify that of the- 
 
 -of- 
 
 -has satisfied all 
 
 money due, or to grow du',*, on a certain mortgage for 
 
 the sum of dollars r.ade by to \if the tnort 
 
 jj^age has not been assigned^ insert " me " ; if it has been 
 (issii^ned, insert the name of original mortgagee., and add 
 " and assigned to me "], which mortgage bears date the 
 day of , 18 — , and was registered in the Regis- 
 try Office for the of on the day of , 18 — , 
 
 in Liber for as number and that such mort 
 
 gage has not b _en assigned. \If it has been assigned, state 
 particulars 0/ the various assignments., and add, "and that 
 the said mortgage has not been further assigned."] 
 
 And I further certify that I am the person entitled by 
 law to receive the said money, and I hereby authorizt; 
 the Master of Titles to notify the cessation of the said 
 incumbrance upon the lands included in the said mort- 
 gage, being the land registered in the office of Land Titles 
 at Toronto as parcel in the register for . 
 
 Dated this day of , 18 — . 
 
 Witness : I 
 
li ii;i| 
 
 I 
 
 PARTIAL DISCHARGE OF MORTGAGE. 
 
 Affidavit of mvner of mort^a^e. 
 — , above named, make oath and say : 
 
 263 
 
 I am the owner of the above-mentioned mortgage, and 
 the statements contained in the above certificate are 
 true. 
 
 Sworn before me, etc. 
 
 I of the- 
 
 Affidavit of execution. 
 — of in the County of- 
 
 make oath and say : 
 I am well iC4iiainted with- 
 
 -named in the annexed 
 
 certificate, and the signature purporting to be his signa- 
 ture at the foot of the said certificate is in his hand 
 writing. 
 
 The said is, as I verily believe, the owner of the 
 
 mortgage mentioned in the said certificate ; he is of the 
 age of twenty-one years or over, is of sound mind, and 
 
 signed the said certificate voluntarily at in the 
 
 County of in the Province of Ontario. 
 
 I am a subscribing witness to the said certificate. 
 
 Sworn before me, etc. 
 
 PARTIAL DISCHARGE OF MORTCAGE 
 
 Created before land brought under Land Titles Act. 
 
 Land Titles Act. 
 
 —of in the County of , , 
 
 — has satisfied dollars, part of the 
 
 I of the- 
 
 do certify that- 
 
 money mentioned in a certain mortgage for the sum of 
 
 dollars made by to [// the mortgage has 
 
 not been assigned^ insert " me " ; // it has been assigned, 
 
 I-.*; 
 
 1^ 
 
264 
 
 LAND TITLES. 
 
 J ■' 
 
 >' \ 
 
 insert the name of original mortgagee^ and add, "and 
 
 assigned to me "J, which mortgage bears date the 
 
 day of , 18 — , and was registered in the Registry 
 
 Office for the of on the day of , 18 — , in 
 
 Liber for as number and that such mort- 
 gage has not been assigned. \^If it has been assigned, state 
 particulars of the various assignments, and add, " and that 
 the said mortgage has not been further assigned."] 
 
 And I further certify that I am the person entitled by 
 law to receive the said money, and I hereby authorize 
 the Master of Titles to discharge from the said mortgage 
 the following lands: ^describe the lands to be released], 
 being portion of the lands included in the said mortgage, 
 and being likewise part of the land registered in the 
 
 office of Land Titles at Toronto as parcel in the 
 
 register for . 
 
 Dated this day of , 18 — . 
 
 Witness : 
 
 } 
 
 \For ** Affidavit of owner of mortgage " and " Affidavit 
 of execution'' see p. 26 j.] 
 
 CESSATION OF CHARGE* 
 
 Created after land brought under Land Titles Act, 
 
 Land Titlp:s Act. 
 I of the of in the County of- 
 
 the registered owner of the charge made by to 
 
 [// the charge has not been transferred, insert " me " ; // 
 
 * Either this form or the one following may be used, but this form 
 is sufficient under the Act, 
 
 S I 
 
CESSATION OF CHARGE. 
 
 265 
 
 it has been trans/erred^ insert the name of original mort- 
 gagee^ and addy " and transferred to me "J, dated the 
 
 day of , 18 — , and registered as No. on the land 
 
 registered in the office of Land Titles at Toronto as parcel 
 
 in the register for , hereby authorize the Master 
 
 of Titles to notify on the register the cessation of the 
 said charge \tvhere only part of the land co7>ered by the 
 charge is to be released^ add *• as to the following land," 
 and add a description of the land to be released] . 
 
 Dated this day of- , 18 — . 
 
 Witness : \ 
 
 y I 
 
 %iiA 
 
 >les Act. 
 
 I 
 
 -of the- 
 
 Affidavit of execution. 
 
 — of in the County of- 
 
 inake oath and say : 
 I am well acquainted with- 
 
 -named in the annexed 
 
 document authorizing the Master of Titles to notify the 
 cessation of the charge therein mentioned, and the signa- 
 ture purporting to be his signature at the foot of the said 
 document is in his handwriting. 
 
 The said is, as I verily believe, the owner of the 
 
 said charge. He is of the age of twenty-one years or 
 over, is of sound mind, and signed the said document 
 
 voluntarily at in the County of in the Province 
 
 ot Ontario. 
 
 I am a subscribing witness to the said signature. 
 
 Sworn before me, etc. 
 
 11 , 1, 
 
 ' tl 
 
 \Y\ • 
 
 \ 
 
 i^k. 
 
a''> 
 
 irri 
 
 >i,n ii'.t.vtiiBia 
 
 266 
 
 LAND TITLES. 
 
 ! I ( 
 
 ■:m 1 * 
 
 CESSATION OF CHARGE 
 
 Created after land brought under Land Titles Act. 
 
 (Another Form.) 
 
 I 
 
 -of thc- 
 
 Land Titlks Act. 
 -of in the County of , , tlu- 
 
 registered owner of the charge hereinafter mentioned, do 
 
 certify that of the of has satisfied all money 
 
 due, or to grow due, on a certain charge for the sum of 
 
 dollars made by to \if the charge has not been 
 
 transferred^ insert "me " ; ///'/ has been transferred^ insert 
 the name of the person in iv hose favor the charge ivas orii^i- 
 nally made^and add, "and transferred to me"], which charge 
 
 hears date the day of , 18 — , and was registered 
 
 as No. on the land registered in the office of l^ind 
 
 Titles at Toronto as parcel in the register for . 
 
 And I further certify that I am the person entitled by 
 law to receive the said money, and I hereby ai.thorizi: 
 the Master of Titles to notify the cessation of the said 
 incumbrance upon the lands included in the said charge, 
 being the land registered in the office of Land Titles at 
 Toronto as parcel in the register for . 
 
 DatkI) this day of , 18—. 
 
 Witness : 
 
 ) 
 
 |l#M>!<#ii 
 
 i 
 I 
 
 i 
 
 Ajfidavit of execution. 
 
 \ Use form on /». jdj, substituting the word " charge 
 for the word " mortgage " where it occurs. | 
 
" charge 
 
 AFFIDAVIT OF POSTING UP. 
 
 AFFIDAVIT OF PUBLICATION 
 OF ADVERTISEMENT. 
 
 267 
 
 Land Titles Act. 
 In' thk mattf.r of the apphcation of- 
 
 I of the of in the County of , 
 
 make oath and say : 
 
 (i) That the advertisement of which a duplicate is 
 hereto annexed, and marked " A," appeared and was [)ub- 
 
 lished in the issues of the "Ontario Gazette" ot the 
 
 and days of , 18 — . 
 
 (2) The advertisement of which a duplicate is hereto 
 annexed, and marked " 13," appeared and was published 
 
 in the issue of the " " newspaper of the day of 
 
 , 18-. 
 
 (3) The advertisement of which a duplicate is hereto 
 annexed, and marked "C," appeared and was published in 
 
 the issue of the " " newspaper of the day of 
 
 , 18-. 
 
 (4) I have examined copies of the said " Ontario 
 
 Cia/.ette " and " " and " " newspapers, issued on 
 
 each of the said days. 
 
 Sworn before me, etc. 
 
 AFFIDAVIT OF POSTINCi UP 
 ADVERTISEMENT. 
 
 Land Titles Act. 
 
 In the matter of the application of 
 
 f of the of in the County (»f- 
 
 niake oath and say : 
 
 '!*4» 
 
 ' ' 
 
 ' 
 
 I i 
 
1 
 
 
 1 
 
 i 
 
 
 |r^ 
 
 I 
 
 368 
 
 LAND TITI.es. 
 
 (i) I did on the day of , 18 — , post up on 
 
 a conspicuous place in the Court House in the town of 
 
 a true copy of the advertisement hereto annexed 
 
 marked "I ),'' the copy so posted up being a cutting from 
 the " " newspaper. 
 
 (2) The said advertisement so posted up by me as 
 aforesaid remained affixed up in the said place for the 
 full period of one month, as I verily believe, for the 
 reason that I have visited the said Court House on each 
 week since the said advertisement was posted up by me 
 as aforesaid, and saw the same, and the said advertise 
 ment still remains so posted. 
 
 (3) The said Court House is the Court House of tlic 
 County in which the lands in question in this matter are 
 situated. 
 
 Sworn before me, etc. 
 
 TAX CER TUNICATE. 
 
 Land Titles Act. 
 
 Treasurer's office, County of , the day of , 
 
 18—. 
 
 I CERTIFY that no charge for arrears of taxes, charges, 
 or assessments, or for water or ©♦^her rates, appears at the 
 date hereof in the books of this office against [shortly 
 describe the lands\ 
 
 I FURTHER CERTIFY that the rctums of lands in the 
 
 of in arrear for taxes for the year 18 — and all 
 
 previous years have been made to this office. 
 
 And I FURTHER CERTIFY that the said land has not 
 
 been sold for taxes for eighteen months preceding the 
 
 date hereof. 
 
 Treasurer. 
 
POWER OF ATTORNEY'. 
 
 269 
 
 charges, 
 bars at th*^ 
 [si [shortly 
 
 ids m the 
 
 CERTIFICATE 
 
 Of person before ivhom affidmnt sworn^ as to his know/edge 
 
 of the witness. 
 
 I the above commissioner \or Notary Public, or as 
 
 the case may be\ hereby certify : 
 
 That the witness to the foregoing instrument, and who 
 made the annexed affidavit before me, is well known to 
 me, and is a person of good repute. 
 
 A Commissioner, etc. 
 
 POWER OF AT'rORNEV 
 To make transfers. 
 
 Land Titlks Act. 
 
 I, A.B., do appoint CD. my attorney to transfer to 
 E.F. absolutely \i)r by way of mortgage, as the case may 
 be\ all my lands as entered and described in the register 
 
 for the township of in the office of Land Titles at 
 
 as parcel , and my estate therein. 
 
 [If such is the intention, add, this power shall not be 
 revoked by my death, and the exercise of the same after 
 my death shall be binding on my representatives.] 
 
 Datkij this day of , 18 — . 
 
 Witness: A A.B. 
 
 ) 
 
 Ld has not 
 Iceding the 
 
 ffi. 
 
 isuver. 
 
. i .ik: 
 
 I 1 1 
 
 wm 
 
 LANDLORD AND TENANT. 
 
 noticf: to Qurr. 
 
 Landlord to tenant. 
 I hereby give you notice to quit and deliver up to nic 
 -day of, i8 — , the premises now 
 
 on or before t he- 
 
 held by you as my tenant, situate at in the [city] of 
 
 in the County ol . 
 
 D.viKuthis day of , i8— . 
 
 To , Tenant, 
 
 or to whom else it may 
 concern. 
 
 Yours, etc. 
 
 Landlord. 
 
 NOTICE OF INTKN ITON TO QUIT. 
 Tenant to landlord. 
 
 I hereby give you notice that I shall quit and deliver 
 
 up to you on the day of next the possession of 
 
 the premises situate at which I now hold of you as 
 
 your tenant. 
 
 Dated this day of , 18 — . 
 
 To . \ 
 
 Landlord, j Tenant. 
 
 NOTICE TO TENANT 
 
 Who claims exemptions. 
 
 (R.S O., c. 143, s 30, s-s. 5.) 
 
 Takk notice that I claim $ for rent due to 
 
 me in respect of the premises which you hold as my 
 
SET-OFF RY TENANT. 
 
 271 
 
 to me 
 s novs 
 :ity] of 
 
 [i\ord. 
 
 tenant, namely : [here briefly describe theni\ ; and unless 
 the said rent is paid, I demand from you immediate 
 |i >ssession of the said premises ; and I am ready to 
 leave in your possession such of your goods and chattels 
 as in that case only you are entitled to claim exemption 
 for. 
 
 Take notice further, that if you neither pay the 
 said rent nor give me up possession of the said premises 
 after the service of this notice I am by law entitled to 
 seize and sell, and I intend to seize and sell, all your 
 -oods and chattels or su«.h part thereof as may be 
 necessary for the payment of lie said rent and costs. 
 
 This notice is given under the Acts of the Legislature 
 of Ontario respecting the Law of Landlord and 
 Tenant. 
 
 Dated this day of , A.D. 18 — . 
 
 To , ) 
 
 Tenant, j Landlord. 
 
 deliver 
 tession of 
 )f you as 
 
 Inant. 
 
 Int due 10 
 )old as my 
 
 SET-OFF BY TENANT. 
 
 (R.S.O., c. 143, s. 29.) 
 
 Take notice that I wish to set ofif against rent due 
 by me to you the debt which you owe to me for [prom- 
 issory note, wages, or as the case may be ; give particulars 
 in detai/.] 
 
 Dated this day of , A.D. 18 — . 
 
 To , ] 
 
 Landlord. J Tenant. 
 
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 272 LANDLORD AND TENANT. 
 
 DISTRESS WARRANT. 
 Landlord's. 
 
 To , my Bailiff in this behalf : 
 
 Distrain the goods and chattels of liable to be 
 
 distrained for rent in and upon the premises now or 
 
 lately in the tenure or occupation of situate on 
 
 for the sum of dollars and cents, being rent for 
 
 the term of due to me for the same on the day 
 
 of , 18 — , and for ihe said purpose aforesaid distrain 
 
 within the time in the manner and with the forms pre- 
 scribed by law all such goods and chattels of the said 
 
 wheresoever they shall be found, as have been 
 
 carried off the said premises, but are nevertheless liable 
 by law to be seized for the rent aforesaid. And proceed 
 thereon for the recovery of the said rent as the law 
 directs. And for your so doing this shall be your suf- 
 ficient warrant and authority. 
 
 Witness my hand and seal this day of , 18—. 
 
 Witness : 
 
 } 
 
 '%:■/- 
 
 % I 
 
l^ 
 
 to be 
 ow or 
 
 »n 
 
 ent for 
 — day 
 distrain 
 ms prc- 
 he said 
 ^e been 
 ss liable 
 proceed 
 the law 
 rour suf- 
 
 LEASES. 
 
 STATUTORY LEASE. 
 
 (R.S.O., c. 106.) 
 
 This Indenture made the day of , in the 
 
 year of our Lord one thousand eight hundred and , in 
 
 pursuance of the Act respecting Short Forms of I^eases, 
 
 Between of the of in the County of , 
 
 , hereinafter called the lessor, of the first part, and 
 
 of the of in the County of , , here- 
 
 ■nafter called the lessee, of the second part. 
 
 WITNESSETH that in consideration of the rents, 
 covenants, and agreements hereinafter reserved and con- 
 tained on the part of the said lessee, his executors, 
 administrators, and assigns, to be paid, observed, and 
 performed, he, the said lessor, hath demised and leased, 
 and by these presents doth demise and lease, unto the 
 said lessee, his executors, administrators, and assigns, 
 all that messuage or tenement [or all that parcel or tract 
 of land] situate, lying, and being [here inseri a description 
 of the premises with sufficient certainty\ 
 
 To have and to hold the said demised premises for 
 
 and during the term of , to be computed from the^ 
 
 day of one thousand eight hundred and and 
 
 from thenceforth next ensuing and fully to be complete 
 and ended. Yielding and paying therefor yearly and 
 every year during the said term hereby granted unto 
 
 M 
 
 • i , 
 
 W 
 
 1 1 
 
 If; 
 
' ' V' 
 
 H I if 
 
 h 
 
 ■! I 
 
 5 ! 
 
 liinf ii 
 
 ( : 
 
 ■ i' 
 
 274 
 
 LEASES. 
 
 the said lessor, his heirs, executors, administrators, or 
 
 assigns, the sum of , to be payable on the following 
 
 days and times, that is to say : [on, etc.], the first of 
 
 such payments to bee ome due and be made on the 
 
 day of next. 
 
 The said lessee covenants with the said lessor to pay 
 rent, and to 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 
 assign or sub-let without leave, and that he will leave the 
 premises in good repair. 
 
 Proviso for re-entry by the said lessor on non-payment 
 of rent or non-performance of covenants. 
 
 The said lessor covenants with the said lessee for quiet 
 enjoyment. 
 
 In witness whereof the said parties hereto have 
 hereunto set their hands and seals. 
 Signed, sealed, and delivered) 
 in the presence of 
 
 HOUSE LEASE. 
 
 • With special clauses* 
 This Indenture made the day of- 
 
 -, 18 — , in 
 
 pursuance of the Act respecting Short Forms of Leases, 
 Between of , hereinafter called the lessor, of the 
 
 * For further special clauses thai may he desired and applicahk, 
 see " Conveyance of Lattd^^^ p. 207, substilutinp words " lessor " and 
 '* lessee "for " grantor " and " grantee. " See also '•'^Farm Leasc,^' 
 p. ag^. 
 
 % .^A 
 
s, or 
 >wing 
 rst of 
 
 to pay 
 :ep up 
 \e said 
 lat the 
 s'\\\ not 
 ave the 
 
 )ayment 
 
 for quiet 
 
 to have 
 
 i8— , ui 
 If Leases, 
 tor, of the 
 
 applicab 
 lessor 
 
 and 
 Irm Lease,'' 
 
 HOUSE LEASE. 
 
 275 
 
 first part, and of , hereinafter called the lessee, of 
 
 the second part. 
 
 WITNESSETH that in consideration of the rents, 
 covenants, and agreements hereinafter reserved and 
 contained on the part of the lessee to be paid, observed, 
 and performed, the lessor hath demised and leased, and 
 by these presents doth demise and lease, unto the lessee 
 all that messuage or tenement, situate, etc. 
 
 JVif/i iwr/usive ifse of passageway. 
 
 Together with the exclusive use and enjoyment of the 
 
 passageway, of the width of feet, leading from the 
 
 back part of the said demised premises to street 
 
 aforesaid. 
 
 With joint use of passageway. 
 
 Together with the right, in common with the lessor 
 and the tenants or occupants of adjoining premises 
 
 having the like right, to use the passageway in the 
 
 side of said premises leading to street, the said 
 
 lessee contributing a due proportion of the expenses of 
 repairing and maintaining said passageway. 
 
 Reservation of passageway. 
 
 Excepting and reserving unto the lessor the use at all 
 times and for all purposes, in common with the lessee, of 
 
 the passageway leadmg from street to the rear of 
 
 said premises. 
 
 To have and to hold the said demised premises for 
 
 and during the term of to be computed from the 
 
 day of , one thousand eight hundred and , 
 
 yielding and paying therefor [monthly] and every [month] 
 during the said term hereby granted unto the lessor 
 
 ! vi 
 
rt -^iiwiiii 
 
 276 
 
 LEASES. 
 
 I! i 
 
 the sum of dollars in each [year], to be payable on 
 
 the following days and times, that is to say : in equal 
 
 portions of dollars each on the day of 
 
 in each and every [month] during the said term, without 
 any deduction, defalcation, or abatement whatsoever ; 
 the first of such payments to become due and be made 
 on the day of , 18 — , and the last of f.uch pay- 
 ments to be made in advance on the day of , 
 
 18—. 
 
 Lessee's covenant to paint. 
 
 And that the lessee will once in every [four] years of 
 said term paint with two coats of good oil paint, and in 
 a proper and workmanlike manner, the outside wood and 
 iron work of the said premises of a color to be approved 
 of by the lessor, and in the same manner all additions to 
 the said premises as often as the same shall be needed, 
 and will in like manner once in every [seven] years of 
 said term paint such parts of the inside wood work as 
 have been usually painted, and of colors to be approved 
 by the lessor. 
 
 To keep garden and lawn in order. 
 
 And that the lessee will during the said term keep up 
 and preserve in good order and condition the lawn and 
 garden belonging to the said premises, and the fences 
 surrounding the same, and carefully protect and preserve 
 all orchard, fruit, shade and ornamental trees, bushes, 
 shrubs, plants, and flowers, now growing or henceforth 
 during the said term to grow therein, from waste, injury, 
 and destruction, and will carefully prune, manure, culti- 
 vate, and care for the same, if and as often as they may 
 
 :'i 
 
HOUSE LEASE. 
 
 277 
 
 lie oil 
 equal 
 
 i 
 
 ithoul 
 oever ; 
 made 
 :h pay- 
 of , 
 
 years of 
 ;, and in 
 ood and 
 ipproved 
 iitions to 
 needed, 
 years of 
 work as 
 ipproved 
 
 keep up 
 lawn and 
 the fences 
 preserve 
 ^s, bushes, 
 lenceforlh 
 ite, injury, 
 lUre, culti- 
 they may 
 
 require, and will not suffer nor permit any horses, cattle, 
 or sheep to have access to the orchard on said premises, 
 and that the lessee will replace such of the bushes and 
 shrubs as may die or require replacing, provided that it 
 shall not be incumbent upon him to keep or deliver up 
 the said premises in a better state of repair or condition 
 than the same are at present. 
 
 J. 'bt to alter or add to premises. 
 
 And that the lessee will not during the said term make 
 or suffer any alterations or additions to or erect any 
 new buildings upon the premises hereby demised with- 
 out having first submitted a plan or specification to and 
 ohtained the approval thereof by the lessor in writing. 
 
 To leave hay and nunure. 
 
 And that the lessee will leave upon the said premises 
 all the unspent hay, straw, and r./Ot crops, and all 
 manure and compost, for the benefit iA the lessor or the 
 incoming tenant, who shall pay a reasonable price 
 therefor, in case of dispute to be settled by arbitration. 
 
 To put up notice to let. 
 
 And that the lessor or his agents may at any time 
 
 within months before the expiration or sooner 
 
 determination of the said term enter upon the said 
 premises and affix a notice for re-letting the same, and 
 that the lessee will not remove the same, and will permit 
 all persons having written authority therefor to view the 
 said premises at all reasonable hours. 
 
 ri III 
 
i 
 
 278 
 
 LEASES. 
 
 ' 
 
 : 
 
 Lessor's covenant for light and air. 
 
 And the lessor covenants that no building shall at any- 
 time be erected in the rear of the said premises so as to 
 obstruct or interfere in any manner with the access of 
 light or air to the same. 
 
 Statutory covenants. 
 
 And the lessee covenants with the lessor to pay rent, 
 and to pay taxes [and to pay all water rates which shall 
 be assessed or chargeable ui)on the said premises during 
 the term hereby demised, or during the time the lessee 
 shall occupy the said premises as tenant to the lessor 
 under these presents], and to repair (reasonable wear 
 and tear and accidents by fire or tempests excepted), 
 and that the lessor may enter and view state of repair, 
 and that the lessee will repair according to notice, and 
 will not assign or sub-let without leave [and will not 
 carry on upon the premises any business or occupation 
 that may be offensive or annoying to the lessor, or that 
 shall be deemed a nuisance, or by which the insurance 
 on said premises will be increased] ; and that he will 
 leave the premises in good repair (reasonable wear and 
 tear only excepted). 
 
 Lessee not to claim exemptions. 
 
 And the lessee covenants and agrees with the lessor 
 that in consideration of the premises, and of the leasing 
 and letting by the lessor to the lessee of the lands and 
 premises above named for the term hereby created (and 
 it is upon that express understanding that these presents 
 are entered into), that notwithstanding anything con- 
 
 ii.ii 
 
 ilii; 
 
— *\, 
 
 HOUSE LEASE, 
 
 279 
 
 at any 
 
 as to 
 :cess of 
 
 )ay rent, 
 ich shall 
 IS during 
 he lessee 
 tie lessor 
 ib\e wear 
 ixcepted), 
 
 of repair, 
 otice, and 
 will not 
 
 (ccupation 
 
 [or, or that 
 insurance 
 
 lat he will 
 wear and 
 
 the lessor 
 I the leasing 
 
 lands and 
 Jreated (and 
 [se presents 
 Vhing con- 
 
 tained in section twenty-seven of chapter one hundred 
 and forty-three of the Revised Statutes of Ontario, 1887, 
 or in any other section of the said Act, or of any other 
 Act which has been or may hereafter be passed in 
 amendment thereof, none of the goods or chattels of the 
 lessee at any time, during the continuance of the term 
 hereby created, on said premises shall be exempt from 
 levy by distress for rent in arrear by the lessee, as pro- 
 vided for by said section of said Act above named, and 
 that upon any claim being made for such exemption by 
 the lessee, or on distress being made by the lessor, this 
 covenant and agreement may be pleaded as an estoppel 
 against the lessee in any action brought to test the 
 right to the levying upon any such goods as are named 
 as exempted in said section, the lessee waiving, as he 
 hereby does, all and every benefit that could or might 
 have accrued to him, under and by virtue of the said 
 section of said Act, or amendment thereto, but for the 
 above covenant. 
 
 Lessee in business dijfiiulties. 
 
 Provided also, and it is hereby expressly agreed and 
 imderstood by and between the parties hereto, that if 
 the term hereby granted or any of the goods and 
 chattels of the lessee shall at any time durmg said term 
 be seized or taken in execution or attachment by any 
 creditor of the lessee, or if a writ of execution shall issue 
 against the goods or chattels of the lessee, or if the lessee 
 shall make any chattel mortgage or bill of sale of any of 
 his goods or chattels, or any assignment for the benefit 
 of creditors, or, becoming bankrupt or insolvent, shall 
 
28o 
 
 LEASES. 
 
 i 
 
 It ; 
 
 H' 
 
 take the benefit of any Act that may be in force for 
 bankrupt or insolvent debtors, or shall attempt to 
 abandon said premises, or to sell and dispose of his 
 goods and chattels so that there would not in the event 
 of such sale or disposal be a sufficient distress on said 
 premises for the then accruing rent, then and in every 
 such case the then current and next ensuing [quarter's] 
 rent and the taxes for the then current year (to be 
 reckoned upon the rate for the previous year, in case the 
 rate shall not have been fixed for the then current year) 
 shall immediately become due and be paid, and the term 
 hereby granted shall, at the option of the lessor, forth- 
 with become forfeited and determined, and in every of 
 the above cases such taxes or accrued portion therecjf 
 shall be recoverable by the lessor in the same manner 
 as the rent hereby reserved, and provided also that in 
 case of removal by the lessee of his goods and chattels 
 from off the said premises the lessor may follow the 
 same for thirty days in the same manner as is provided 
 for in the Act respecting fraudulent and clandestine 
 re 'loval of goods. 
 
 Renewal of lease. 
 
 And the lessor covenants with the lessee that if the 
 lessee duly and regularly pay the said rent, and perform 
 all and every the covenants, provisoes, and agreements 
 herein contained, and on the part of the lessee to be paid 
 and performed, the lessor will, upon the request and at 
 the cost of the lessee months previous to the deter- 
 mination of the term hereby created, grant to the lessee 
 a renewed lease of the said hereby demised premises for 
 
 \H 
 
 \ 
 
HOUSE LEASE. 
 
 IWft 
 
 rev. for 
 npt lo 
 of his 
 .e event 
 on said 
 n every 
 uarter'sl 
 • (to \je 
 case ihc 
 ent year) 
 I the term 
 5or, forth- 
 \ every of 
 ,n thereof 
 16 mariner 
 |so that in 
 Ki chattels 
 follow the 
 5 provided 
 ;landestine 
 
 a further term of , at a rent to he determined l)y arbi- 
 tration (in the same manner as for purchase of the build- 
 ings hereinafter me?itioned), and so on at the end of each 
 
 term of will grant a renewal lease for a like term, 
 
 under and subject to the same covenants, provisoes, and 
 agreements as are herein contained. 
 
 Lessor ffiay determine /ease, purchasing improvements at 
 value fixed by arbitration. 
 
 Provided, and it is hereby agreed, that the lessor on 
 
 the determination of the term hereby granted or any 
 
 renewal shall be at liberty to determine and put an end 
 
 to this lease and all right of renewal by purchasing the 
 
 ijuildings, erections, and improvements then standing 
 
 and being on the said hereby demised premises, at a 
 
 price to be determined, in case of dispute, by arbitration, 
 
 the lessor to appoint one person, the lessee to appoint 
 
 one person, and the two persons thus appointed to 
 
 appoint a third, with all necessary powers to value and 
 
 appraise the same, and to appoint a time for payment of 
 
 the value thereof so ascertained, and the award of a 
 
 majority of such arbitrators to be final between the said 
 
 parties. 
 
 Covenant to sell to lessee. 
 
 And the lessor covenants that he will upon payment to 
 
 him by the lessee at any time within years from the 
 
 date hereof of dollars of lawful money of Canada 
 
 convey the premises hereby demised to the lessee, or to 
 whomsoever he may direct or appoint. 
 
 Rent in case of fire. 
 
 And it is hereby declared and agreed that in case the 
 premises hereby demised, or any part thereof, shall at 
 
 iii 
 
W I,. 
 
 • i'iM 
 
 WW 
 
 H i ^^ 
 
 
 ill' 
 
 M. ^ 
 
 
 H ' ' i • 
 
 , ■■ 
 
 
 i !i i 
 
 ui 
 
 M 1 
 
 m 
 
 282 
 
 LEASES. 
 
 any time during the term hereby granted he burned 
 down, or damaged by fire, so as to render the same unfit 
 for the purposes of the lessee, then, and so often as the 
 same shall happen, the rent hereby reserved, or a pro- 
 portionate part thereof, according to the nature and 
 extent of the injury sustained, and all remedies for 
 recovering the same, shall be suspended and abated until 
 the said premises shall have been rebuilt or made fit for 
 the purposes of the lessee. 
 
 Proviso for re-entry by the lessor on non-payment of 
 rent, whether lawlully demanded or not, or on non-per- 
 formance of covenants, or seizure or forfeiture of the said 
 term for any of the causes aforesaid. 
 
 The lessor covenants with the lessee for quiet enjoy- 
 ment. And the lessor covenants with the lessee that the 
 said messuage and appurtenances are now in good and 
 substantial repair, and that the lessor will repair any 
 damage arising from the lack of such repair at this pres- 
 ent time, upon reasonable notice to him by the lessee. 
 
 Use of yard. 
 
 Provided that the lessee shall have the use of the 
 yard in rear of the said premises in common with the 
 other tenants thereof, for the purpose of freely taking in 
 or out of said demised premises fuel or articles necessary 
 to the lessee ; but the lessee shall not place, leave, or 
 permit, or suffer to be placed or left by his servants or 
 agents, any boxes, cases, barrels, debris, refuse, fuel, or 
 other material (other than ashes from the lessee's heating 
 apparatus, which must be carefully deposited in the ash- 
 house prepared by the lessor for that purpose) in the said 
 
burned 
 K unfit 
 ^ as \\w 
 a pro- 
 ire and 
 dies for 
 ted until 
 de fit for 
 
 yment of 
 , non-per- 
 
 f the said 
 
 liet cnjoy- 
 
 ;e that the 
 
 good and 
 
 epair any 
 
 this pres- 
 
 ,he lessee. 
 
 use of the 
 In with the 
 ly taking in 
 Is necessary 
 le, leave, or 
 1 servants or 
 
 jse, fuel, or 
 
 ^e's heating 
 in the ash- 
 
 |)ir> the said 
 
 HOUSE LEASE. 
 
 383 
 
 yird, the intention being that the lessor shall have entire 
 ronlrol of the said yard, in order that it may be kept 
 ckan and clear for the use of all the tenants. 
 
 Provided, and it is hereby agreed between the parties 
 hereto, that the words " lessor " and " lessee," wherever 
 they occur in this indenture, shall include the heirs, 
 executors, administrators, and assigns of the said parties, 
 if the context so recjuires or admits. 
 
 In witness, etc. 
 
 Si(;ned, SEALED, etc. • 
 
 HOUSE I.E.ASE. 
 {Skut'i Form.) 
 This Indentui made the day of- 
 
 -, 18—, in 
 pursuance of the Act respecting Short Forms of Leases, 
 
 Bktween of , hereinafter called the lessor, of the 
 
 first part, and of , hereinafter called the lessee, of 
 
 the second part. 
 
 WITNESSETH that in consideration of the rents, 
 covenants, and agreements hereinafter reserved and 
 contained, by the lessee, his executors, administrators, 
 and assigns, to be paid, observed, and performed, the 
 lessor hath demised and leased and by these presents 
 doth demise and lease unto the lessee all that messuage 
 or tenement, situate, etc. 
 
 To have and to hold the said hereby demised pre- 
 mises, with their appurtenances, unto the lessee, his 
 executors, administrators, and assigns, for the term of 
 
 years, to be computed from the day of , 
 
 18—. 
 
 I: i 
 
 It 
 
 Hi 
 
 n 
 
 i 
 
284 
 
 LEASES. 
 
 M : 
 
 
 Yielding and paying therefor unio the lessor, his 
 
 heirs or assigns, the clear yearly rent or sum of 
 
 dollars of lawful money of Canada, in even portions, on 
 
 the days of and in each and every year 
 
 during the continuance of the said term, without any 
 deduction, defalcation, or abatement whatsoever ; the 
 first payment to be made on the day of next. 
 
 And the lessee for himself, his heirs, executors, 
 administrators, and assigns, hereby covenants with the 
 lessor, his heirs and assigns, to pay rent and to pay 
 taxes, and to repair ; and that the lessor may enter and 
 view state of repair ; and that the lessee will repair 
 according to notice ; and will not assign or sub-let 
 without leave ; and will not carry on any business that 
 shall be deemed a nuisance on the said premises, or by 
 which the insurance on said premises will be increased ; 
 and that he will leave the premises in good repair. 
 
 And it is hereby declared and agreed that in case the 
 premises hereby demised or any part thereof shall at any 
 time during the term hereby gianted be burned down, or 
 damaged by fire, so as to render the same unfit for the 
 purposes of the lessee, then and so often as the same 
 shall happen the rent hereby reserved, or a proportionate 
 part thereof, according to the nature and extent of the 
 injury sustained, and all remedies for recovering the 
 same shall be suspended and abated until the said 
 premise's shall have been rebuilt or made fit for the 
 purposes of the lessee. 
 
 And also that if the term hereby granted shall be at 
 any time seized or taken in execution, or in attachment, 
 by any creditor of the lessee, or if the lessee shall make 
 
 i* 
 
LEASE OF FURNISHED HOUSE. 
 
 *8S 
 
 .! ' ■-;'i 
 
 3Sor, his 
 
 a of 
 
 tions, on 
 ery year 
 thout any 
 .ever ; the 
 —next, 
 executors, 
 
 s with the 
 
 and to pay 
 
 y enter and 
 
 will repair 
 or sub-let 
 
 msiness thai 
 
 ■mises, or hy 
 
 e increased ; 
 
 repair, 
 in case the 
 shall at any 
 led down, or 
 unfit for the 
 as the same 
 iroportionale 
 
 extent of the 
 [covering the 
 itil the said 
 ie fit for the 
 
 [d shall be ai 
 attachment, 
 
 lee 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 lessor on non-payment of 
 rent, whether lawfully demanded or not, or on non- 
 performance of covenants ; or seizure or forfeiture of the 
 said term for any of the causes aforesaid. 
 
 The lessor covenants with the lessee for quiet enjoy- 
 ment. 
 
 In witness, etc. • 
 
 Signed, sealed, etc. 
 
 : r-'il 
 
 LEASE OF UNFURNISHED LODGINGS. 
 
 Agreement made the — 
 Bltween of and of- 
 
 day of 
 
 18- 
 
 The said hereby agrees to let and the said 
 
 agrees to take the [two] rooms on the [first J floor of 
 
 house No. in street in the [town] of for 
 
 week beginning on the day of , 18 — , at the rent 
 
 of dollars, and so on from week to week until this 
 
 tenancy is terminated by either party giving to the other 
 one week's notice. 
 
 In witness, etc. 
 Signed, sealed, etc. 
 
 ' ! 
 
 il 
 
 J' 
 
 Wl' 
 
286 
 
 LEASES. 
 
 m 
 
 til ' n'l >' 
 
 ' 
 
 ■' ! i 
 
 r 
 
 .., i. 
 
 LEASE OF FURNISHED HOUSE 
 
 PVi/Zi use of garden. 
 This Indenture made the day of , 
 
 i8 — , in 
 
 pursuance of the Act respecting Short Forms of Leases, 
 
 Between of , hereinafter called the lessor, of the 
 
 first part, and of , heremafter called the lessee, of 
 
 the second part. 
 
 WITNESSETH that in consideration of the rents, cov- 
 enants, and agreements hereinafter reserved and con- 
 tained by the lessee, to be paid, observed, and per- 
 formed, the lessor hath demised and leased, and by 
 these presents doth demise and lease, unto the lessee all 
 
 that certain house and premises m the [town] of 
 
 known as No -, street, together with the out- 
 buildings, stable, garden, and appurtenances thereto 
 belonging ; together with the use of the fixtures, furni- 
 ture, plate, linen, utensils and effects, more particularly 
 set out in the schedule hereto annexed; together with the 
 right to such produce of the garden as the lessee shall 
 require for the use of himself and his establishment. 
 
 To have and to hold the said demised premises fur 
 
 and during the term of , to Ije computed from the 
 
 day of , 1 8 — , yielding and paying therefor unto 
 
 the lessor the clear [yearly] rent or sum of dollars of 
 
 lawful money of Canada in even portions in advance on 
 
 the days of each [month] during the continuance of| 
 
 the said term, without any deduction, defalcation, or| 
 abatement whatsoever, the first payment to be made onj 
 the day of , i8— . 
 
 And the lessee covenants with the lessor to pay renij 
 and to pay telephone, gas, and water rates from the] 
 
 / J 
 
 m\ 
 
i8— , ^n 
 3f Ixases, 
 sor, of Iht 
 i lessee, of 
 
 rents, cov 
 
 \ and con 
 
 i, and per- 
 
 ed, and by 
 
 he lessee all 
 
 )wn] of 
 
 rith the oul- 
 
 ices thereU) 
 
 xtures, furni- 
 
 . particularly 
 
 ether with the 
 
 . lessee shall 
 
 lishment. 
 
 premises for 
 
 ^ted from the 
 
 therefor unto 
 
 ___dollars of 
 
 ,n advance 011 
 
 •ontinuance of 
 
 ^iefalcation, or 
 .0 be made on 
 
 3r to pay M 
 rates from M 
 
 LEASE OF FURNISHED HOUSE. 
 
 287 
 
 day of , 18 — , and for all damages or breakages 
 
 caused or permitted by the lessee by reason of want of 
 such care as would be given by an owner of the said 
 premises under like circumstances, and to repair, and to 
 keep up fences, that the lessor may enter and view state 
 of repair, and that the lessee will repair according to 
 notice, and will not assign or sub-let without le^ ve, and 
 will not carry on any business that shall be deemed a 
 nuisance, or by which the insurance on said premises will 
 be increased, and that he will leave the premises in good 
 repair according to the covenants herein contained. 
 
 And that he will return to the lessor at the end of the 
 said term the articles mentioned in the schedule hereto 
 annexed in good repair and coiidition, ordinary wear and 
 tear and damage by fire not caused by the carelessness of 
 the lessee or the act of Providence only excepted, and 
 that he will replace such articles as shall be broken, 
 damaged, or missing with other articles of a like pattern 
 and equal value. 
 
 And that he will employ a competent gardener to 
 have charge and take proper care of the garden, and the 
 trees, shrubs, and flowers contained therein. 
 
 And it is hereby declared and agreed that in case the 
 premises hereby demised, or any part thereof, shall at 
 any time during the term hereby granted be burned 
 down, or damaged by fire so as to render the same unfit 
 for the purpose of the lessee, then and so often as the 
 same shall happen the rent hereby res.ived or a propor- 
 tionate part thereof, according to the nature and extent 
 of the injury sustained, and all remedies for recovering 
 he same shall be suspended and abated until the said 
 
 y^\ 
 
 4 ^ — 
 
f- ■ 
 
 its 
 
 LfiASES. 
 
 If 
 
 i-.; I 
 
 I; 
 
 ' ii; 
 
 if A ill ii 
 
 premises shall have been rebuilt or made fit for the pur- 
 poses of the lessee, or, at the option of the lessor, that the 
 term hereby granted shall in such case forthwith come to 
 an erui, and the lessee shall cease to be held liable for 
 any rent agreed to be paid under the above covenants, 
 except In respect of such rent as shall have already 
 accrued due, and the lessee shall be entitled to be repaid 
 by the lessor any rent paid in advance at such time and 
 not yet due. 
 
 And the lessor covenants that the said house and 
 premises are now in good and substantial repair, and 
 that any damage arising from want of such repair at this 
 time will be made good by the lessor within a reasonable 
 time after notice to him by the lessee. 
 
 Proviso for re-entry by the lessor on non-pay rrc^nt of 
 rent or non-performance of covenants. The lessor cove- 
 nants with the lessee for quiet enjoyment. -■ '■' 
 
 And it is hereby declared and agreed that the expres- 
 sions " the lessor " and " the lessee," wherever used in 
 this indenture, shall, where the context allows, include 
 
 and be binding not only on the said and , the 
 
 parties hereto, but also on their respective heirs, execu- 
 tors, administrators, and assigns. 
 
 In witness, etc. 
 
 Signed, SEALED, etc. ' ^ 
 
 LEASE OF OFFICES. 
 
 This Indenture made the day of- 
 
 i8- 
 
 in 
 
 pursuance of the Act respecting Short Forms of Leases, 
 Between of , hereinafter called the lessor, of the 
 
LEASE OF OFFICES. 
 
 289 
 
 the pur- 
 tbat the 
 come to 
 [able for 
 )venants, 
 : already 
 be repaid 
 time and 
 
 lOUse and 
 2pair, and 
 )air at this 
 reasonable 
 
 )aytr.ont of 
 ^essorcove- 
 
 ,the expres- 
 ler used in 
 include 
 _- — , the 
 eirs, execu- 
 
 18—, in 
 of Leases, 
 lessor, of the 
 
 first part, and of , hereinafter called the lessee, 
 
 of the second part. 
 
 WITNESSETH that in consideration of the rents, cov- 
 enants, and agreements hereinafter reserved and con- 
 tained on the part of the lessee to be paid, observed, and 
 performed, the lessor hath demised and leased, and by 
 these presents doth demise and lease, unto the lessee for 
 
 use and occupation as , and for no other purpose, all 
 
 those certain premises forming part of the lessor's build- 
 ing known and described as Room -, etc. 
 
 To have and to hold the said demised premises for 
 
 and during the term of , to be computed from the 
 
 day of , 18 — , and from thenceforth next 
 
 ensuing and fully to be complete and ended. 
 
 Yielding and paying therefor yearly and every year 
 during the said term hereby granted unto the lessor the 
 
 sum of , to be payable on the following days and 
 
 times, that is to say : on the [first] day of each of the 
 
 months of in each year, the first of such payments 
 
 to become due and be made on the day of next. 
 
 The lessee covenants with the lessor to pay rent [and 
 to pay taxes] and to repair (reasonable wear and tear 
 excepted), and that the lessor may enter and view state 
 of repair, and that the lessee will repair according to 
 notice, and will not assign or sub-let without leave, and 
 that he will leave the premises in good repair, and will 
 not carry on any business en said premises that shall be 
 deemed a nuisance, or by which the insurance on the 
 block or building shall be increased, and will during the 
 
 said term use and occupy said premises as and for a , 
 
 and for no other purpose. 
 
 i 
 
m 
 
 290 
 
 LEASES. 
 
 M 
 
 'I I 
 
 Proviso for re-entry by the lessor on non-payment of 
 rent, whether lawfully demanded or not, or non-perform- 
 ance or non-observance of covenants, or on seizure or 
 forfeiture of the term for any of the causes hereinafter 
 mentioned. This proviso shall extend and apply to all 
 covenants herein contained, whether positive or nega- 
 tive. 
 
 The lessor covenants with the lessee for quiet enjoy- 
 ment. And the lessor further covenants with the lessee : 
 
 (i) To heat the said premises with steam or other 
 apparatus in such manner as to keep the temperature of 
 said premises at not less than sixty-five degrees Fahren- 
 heit during each day from the day of in each 
 
 year until the day of ensuing (Sundays and holi- 
 days excepted), from the hour of a.m. to the hour of 
 
 p.m., and in case the apparatus or any part thereof 
 
 used in effecting the heating of said premises at any 
 time becomes incapable of heating said premises as afore- 
 said, or be damaged or destroyed, the lessor shall have 
 a reasonable time within which to repair said damages ; 
 and the lessor covenants with the lessee to replace and 
 repair the said apparatus with all reasonable speed, but 
 the lessor shall not be liable for indirect or consequen- 
 tial damages, or for damages for personal discomfort or 
 illness. ' . 
 
 , (2) To give free use to the lessee (in common with 
 other tenants of the said building), his agents, clerks, 
 servants, and all other persons seeking communication 
 
 with him and them, of the stairway or passage from 
 
 street to the said premises ; and also of the elevator in 
 the said building in each day (Sundays and public holi- 
 
 'M 
 
 ilill ul 
 
lent of 
 erform- 
 zure or 
 einafter 
 ^ to all 
 )r nega- 
 
 ;t enjoy- 
 
 e lessee ; 
 
 or other 
 
 jrature of 
 
 ; Fahren- 
 
 _in each 
 and holi- 
 
 \e hour of 
 
 irt thereof 
 
 jes at any 
 ;s as afore- 
 ihall have 
 damages ; 
 [place and 
 |speed, but 
 onsequen- 
 :omfort or 
 
 imon with 
 
 Its, clerks, 
 
 mnication 
 
 from 
 
 lelevator in 
 )ubUc holi- 
 
 LEASE OF OFFICES. 
 
 291 
 
 (lays excepted), and to keep a person in constant attend- 
 ance from the hour of a.m. until p.m., with the 
 
 exception of Saturdays, when the attendance shall be 
 
 from a.m. until p.m., for the purpose of moving 
 
 the said elevator ; and in case the said elevator shall be 
 injured or destroyed, the lessor shall forthwith repair 
 and replace the same, and shall have a reasonable time 
 for so doing ; and it is agreed that the lessee, his clerk?, 
 and all other persons hereby permitted to use such ele- 
 vator, shall do so at his, her, and their sole risk, and under 
 no circumstances shall the lessor be held responsible for 
 any damage for injury happening to any person whilst 
 using such elevator, or occasioned to any person by 
 such elevator or any of its appurtenances, and whether 
 such damage or injury happened by reason of the negli- 
 gence or otherwise of the lessor or any of his employees, 
 servants, agents, or any other person. 
 
 (3) To supply water from the public main save at 
 such times as the general supply of water may be turned 
 off from the public main, and in case the pipes affording 
 said supply be injured or incapable of affording the same 
 the lessor shall forthwith commence repairing, and shall 
 within a reasonable time effect the necessary repairs. 
 
 (4) To permit the lessee, in common with other ten- 
 ants, to use the water-closets and lavatories provided for 
 that purpose, for his clerks, agents, and servants, and to 
 keep at all times said water-closets clean and in good 
 
 orking order, and supplied with water from the public 
 mains, except at such times as are mentioned in the pre- 
 ceding paragraph. 
 
 (5) To employ a caretaker who shall attend to, wash, 
 
 ! 
 
 i 
 
 i : II ^^ 
 
 IB 
 
 in 
 
 i ! • 
 ■ i 
 
 i ! I 
 
 
 1: <\ 
 I ! 
 
 II 
 
 i 
 
 >3i 
 
 ■|1 1 1 
 
 . i Si B" 
 
 -I 
 
 i 1 
 
I ii'l 
 
 U:t 
 
 ! 
 
 i 
 
 292 
 
 LEASES. 
 
 dust, and otherwise keep clean in a reasonable manner 
 the said premises, and the floors, windows, desks, books 
 and papers connected therewith ; but, except as to the 
 obligation to cause such work to be done, the lessor 
 shall not be responsible for any act of omission or com- 
 mission on the part of the person or persons employed 
 to perform such work, but it is agreed that the lessee 
 
 shall pay a charge of dollars per month to the lessor 
 
 for such caretaking. 
 
 The lessee covenants with the lessor : 
 
 (i) That in case the lessee shall become insolvent or 
 bankrupt, or make an assignment for the benefit of his 
 creditors, or in case of the non-payment of rent at the 
 times herein provided ; or in case the said premises or 
 any part thereof become vacant and unoccupied for the 
 
 period of days or be used by any other person or 
 
 persons, or for any other purpose than as above pro- 
 vided, without the written consent of the lessor, this 
 lease shall, at the option of the lessor, cease and be void, 
 and the term hereby created expire and be at an end, 
 anything hereinbefore to the contrary notwithstanding, 
 
 and the then current [month's] rent and months 
 
 additional shall thereupon immediately become due 
 and payable, and the lessor may re-enter and take pos- 
 session of the- premises as though the lessee or his ser- 
 vants or other occupant or occupants of said premises 
 was or were holding over after the expiration of the said 
 term, and the term shall be forfeited and void. 
 
 (2) That the rules and regulations hereto annexed 
 shall be observed and performed by th i lessee and by 
 his clerks, servants, and agents. 
 
lanner 
 books 
 to the 
 ; lessor 
 ir com- 
 iployed 
 ■; lessee 
 e lessor 
 
 >lvent or 
 It of his 
 It at the 
 jm'ses or 
 :d for the 
 person or 
 lOve pro- 
 |ssor, this 
 be void, 
 an end, 
 [Standing, 
 -months 
 ;ome due 
 take pos- 
 |r his ser- 
 premises 
 If the said 
 
 annexed 
 fc and by 
 
 LEASE OF OFFICES. 
 
 293 
 
 (3) That the lessee shall give to the lessor immediate 
 written notice of any accident or defect in the water- 
 pipes, gas-pipes, or heating apparatus, telephone, electric 
 light, or other wires. 
 
 And it is further agreed by and between the parties 
 hereto that in the event of such partial or total destruc- 
 tion by fire or other casualty of the said premises, or of 
 the entry, passage, or stairway leading thereto, as shall 
 render such premises untenantable, or prevent reason- 
 able and convenient access thereto, the rent hereby 
 reserved shall at once cease to accrue and become 
 payable until said premises, entry, passage, or stair- 
 way, shall be rebuilt or restored to their former 
 condition ; but the lessee shall forthwith pay to 
 the lessor the proportionate part of the then current 
 rent accruing up to the time of such partial or total 
 destruction. And in case of total destruction of the 
 said premises the lessee or the lessor may within one 
 month after such destruction, on giving notice thereof in 
 writing to the other of them, terminate this lease. 
 
 And it is further agreed that if the lessor shall desire 
 at any time during the said term to take down the said 
 building or any part thereof for the purpose of rebuild- 
 ing he shall have the right, notwithstanding anything 
 herein contained, to terminate this lease by giving to 
 
 the lessee months' notice in writing of his intention 
 
 to do so, which notice need not be given or expire on a 
 gale day, and shall be deemed to be sufficiently served if 
 {)osted on the door of said office and a copy thereof 
 sent through the post office to the lessee, addressed to 
 him at , and the term hereby granted shall abso- 
 
 .• f 
 
 tfl; 
 
 4 
 
 it > 
 
 1 I !■ ^ 
 
 j . 
 
 I 
 
294 
 
 LEASES. 
 
 i 
 
 lutely cease and determine at the expiry of the said 
 
 months' notice ; and the lessee will, on the day so fixed, 
 deliver up possession of the said premises to the lessor 
 without cost or damage to the lessor, and will pay the 
 proportion of rent as herein provided up to the date of 
 giving up possession as aforesaid. 
 
 And it is further agreed between the parties hereto 
 that the expressions " lessor " and " lessee," wherever 
 used in this indenture, shall, where the context allows, in- 
 clude and be binding not only on the said and , 
 
 but also on their respective heirs, executors, administra- 
 tors, and assigns. 
 
 In witness, etc. 
 
 Signed, sealed, etc. • ' 
 
 F'ARM LEASE. 
 
 This Indenture made the day of- 
 
 -, 1 8 — , in 
 pursuance of the Act respecting Short Forms of Leases, 
 
 Between of , hereinafter called the lessor, of 
 
 the first part, and of , hereinafter called the lessee, 
 
 of the second part. 
 
 WITNESSETH that in consideration of the rents, 
 covenants, and agreements hereinafter reserved and 
 contained, on the part of the lessee to be paid, observed, 
 and performed, the lessor hath demised and leased, 
 and by these presents doth demise and lease, unto the 
 lessee all that certain parcel of land, situate, etc., con- 
 taining by admeasurement acres, more or less. 
 
 To have and to hold the said demised premises for 
 and during the term of years, to be computed from 
 
 IM 
 
 
r.|i 
 
 1 — 
 
 fixed, 
 lessor 
 ly the 
 ate of 
 
 hereto 
 ticrevcr 
 ows, in- 
 
 id- , 
 
 sinistra- 
 
 ls—, in 
 If I, eases, 
 
 essor, of 
 Ihe lessee, 
 
 je rents, 
 fcd and 
 lobserved, 
 leased, 
 unto the 
 letc, con- 
 
 iSS. 
 
 Imises for 
 ited from 
 
 FARNf I.F.ASF.. 
 
 295 
 
 the- 
 
 -day of , 18 — , and from thenceforth next 
 
 ensuing and fully to he complete and ended ; yielding 
 and paying therefor yearly and every year during the 
 
 said term hereby granted unto the lessor the sum of 
 
 dollars, to be payable on the following days and times, 
 
 that is to say : in advance in each and evei'- year 
 
 during the said term, without any deduction, defiU ulion, 
 or abatement whatsoever ; the first of such payments to 
 hecome due and to be made on the day of next. 
 
 The lessee covenants with the lessor to pay rent, and 
 to pay taxes, and to repair (reasonable wear and tear 
 and damage by fire or tempest only excepted) and to 
 keep up fences, and not to cut down timber for any 
 purpose whatever, except for rail« ^' ^or buildings upon 
 said demised premises, or for firewood for the lessee's 
 use to be consumed on the said premises, and that the 
 lessor may enter and view state of repair, and that the 
 lessee will repair according to notice (except as aforesaid), 
 and will not assign or sub-let without leave, and will not 
 carry on any business that shall be deemed a nuisance 
 on said premises, and that he will leave the premises in 
 good repair (except as aforesaid). 
 
 And the lessee further covenants and agrees with the 
 lessor that the lessee will during the said term cultivate, 
 till, manure, and employ such parts of the said premises 
 as are now or shall hereafter be brought under cultivation 
 in a good husbandman-like and proper manner, and will in 
 like manner crop the same by a regular rotation of crops 
 so as not to impoverish, depreciate, or injure the soil, and 
 at the end of said term will leave the said land so 
 manured as aforesaid ; and will during the continuance 
 
 II 
 
 n 
 
 i'' i 
 
 I J( ; R ! 
 
 T 
 
M ): I f 
 
 > 1 
 
 296 
 
 LEASES. 
 
 of said term keep down all noxious weeds and grasses, 
 and will pull up or otherwise destroy all docks, red root, 
 wild mustard, wild oats, twitch grass, and Canada 
 thistles which shall grow upon the said premises, and 
 will not sow or permit to be sown any grain containing 
 any foul seeds, and will not suffer or permit any such 
 foul weeds or grasses to go to seed on said premises ; and 
 will spend, use, and employ in a proper husbandman-likc 
 manner all the straw and manure which shall grow, 
 arise, renew, or be made thereupon, and will not remove 
 or permit to be removed from said premises any straw 
 of any kind, manure, wood or stone, and will carefully 
 stack the straw in the last year of said term, and will 
 each and every year of said term turn all the manure 
 thereon into a pile, so that it may thoroughly heat and 
 rot so as to kill and destroy any foul seeds which may 
 be therein, and will thereafter, and not before, spread 
 the same on the land. 
 
 And will in each and every year of said term make 
 naked summer fallow of or put some hoe crop in at 
 
 least acres of said premises, and will plough, hoe, 
 
 and otherwise cultivate the same in a thorough farm-like 
 manner, so as to kill and destroy all noxious weeds and 
 grasses which may grow thereon. And will in each and 
 every year of said term seed down with good timothy 
 
 and clover seed in a proper manner at least acres 
 
 of said premises, and wiU at the expiration of said term 
 leave at least acres thereof in grass. , , . , 
 
 And will carefully protect and preserve all orchard, 
 fruit, shade, and ornamental trees on said premises from 
 waste, injury, or destruction, and will carefully prune and 
 
 ^' ^ 
 
isses, 
 root, 
 mada 
 ;, and 
 lining 
 
 such 
 
 ; and 
 in-liku 
 
 grow, 
 emove 
 J straw 
 irefuUy 
 nd will 
 manure 
 eat and 
 ch may 
 
 spread 
 
 im make 
 p in al 
 ;h, hoe, 
 [arm-like 
 ;eds and 
 ;ach and 
 timothy 
 ■acres 
 lid term 
 
 [orchard, 
 ises from 
 rune and 
 
 FARM LEASE. 
 
 297 
 
 rare for all such trees as often as they may require it, 
 and will not suffer or permit any horses, cattle, or sheep 
 to have access to the orchard on said premises. And 
 will not allow the manure to be placed or to lie against 
 the buildings on said premises, and will allow any 
 incoming tenant or purchaser to plough the said lands 
 after harvest in the last year of said term, and to have 
 stabling for one team, and bedroom for one man, and 
 reasonable privileges and rights of way to do said 
 [)loughing. 
 
 And the lessee covenants and agrees [continue as on 
 f^ai^c 2ySy last panii:;;raph wi as far as the words "di- 
 rect or appoint," on page 281^ fourth line from foot of 
 
 Provided, and it is expressly agreed by and between 
 tile parties hereto, that in case the lessor should desire 
 to sell the said hereby demised premises during the said 
 term the said term may be determined at any time upon 
 
 weeks' notice by a notice to such effect being 
 
 delivered to any person upon the premises hereby 
 
 demised, or mailed by posting the said notice at 
 
 post office in an envelope addressed to the lessee 
 
 at post office, and that the lessee will at the 
 
 expiration of the time limited by said notice peaceably 
 and quietly give up possession of the said premises to 
 the lessor ; provided that upon such earlier determina- 
 tion of the said term, and after the lessee shall have 
 delivered up possession in manner aforesaid, and paid 
 to the lessor the full proportion of rent and taxes up to 
 the date of such earlier determination the lessee shall 
 be entitled to be compensated for the value of the crops 
 
 , • il I 
 
 ^ tt 
 
 i •■■1 
 
! ' h 
 
 ■"i ! 
 
 i ;( 
 
 i I- 
 
 ti 
 
 i iilll 
 
 298 
 
 LEASES. 
 
 sown and then growing, or of the ploughing done on 
 said premises in preparing for a crop, the amount of such 
 compensation to be determined by arbitration if the 
 parties cannot agree upon the same. 
 
 Proviso for reentry by the lessor on non-payment of 
 rent or on non-performance of covenants. The lessor 
 covenants with the lessee for quiet enjoyment. 
 
 And it is further agreed that the words " lessor " and 
 *' lessee," wherever used in this indenture, shall, where 
 the context allows, include and be binding not only on 
 and , the parties hereto, but also on their re- 
 spective executors, administrators, and assigns. 
 
 In witness, etc. 
 
 Signed, sealed, etc. 
 
 LEASE OF OIL LANDS. 
 
 This Indf!, ture made the- 
 
 -day of- 
 
 -, 18 — , in 
 pursuance of the Act respecting Short Forms of Leases, 
 
 Between of , hereinafter called the lessor, of the 
 
 first part, and of , hereinafter called the lessee, of 
 
 the second part. 
 
 WITNESSETH that in consideration of the rents, 
 covenants, and agreements hereinafter reserved and con- 
 tained, and by the lessee to be paid, observed, and 
 performed, the lessor doth demise and lease unto the 
 lessee all that certain parcel of land, situate, etc. 
 
 To have and to hold the said demised premises, with 
 the appurtenances, unto the lessee for and during the 
 
 term of years, to be computed from the day of the 
 
 date hereof, and from thenceforth next ensuing and 
 
[one on 
 
 of such 
 
 if the 
 
 ment of 
 e lessor 
 
 or " and 
 11, where 
 only on 
 their re- 
 
 18—, in 
 f Leases, 
 sor, of the 
 lessee, of 
 
 ne rents, 
 and con- 
 rved, and 
 e unto the 
 to. 
 
 ises, with 
 during the 
 lay of the 
 
 mmg 
 
 and 
 
 LHASE OF OIL LANDS. 
 
 299 
 
 fully to be complete and ended, for the purpose of 
 sinking an oil well or wells thereupon, and pumping and 
 working the same as hereinafter provided. 
 
 Y'elding and paying therefor unto the lessor, free from 
 
 all expenses whatever, the one part or share of all 
 
 the petroleum oil gathered, obtained, and procured from 
 the said demised premises during the continuance of 
 these presents as a distrainable rental therefor, in manner 
 and at the times hereinafter mentioned. 
 
 And the lessee covenants with the lessor in manner 
 following, that is to say : that he will sink or cause an 
 artesian well to be sunk on the said premises to the 
 
 depth of feet (unless oil is obtained in paying 
 
 quantities at a lesser depth), of a sufficient size to admit 
 of the insertion of a sufficient pump and tubing to the 
 bottom thereof. And will commence the operation of 
 
 sinking the said well within days from the date 
 
 hereof, and will diligently prosecute the said work and 
 complete the said well within — —from the date hereof 
 in a thorough, good, skilful, and workmanlike manner. 
 And will properly and efificiently case every well on said 
 premises with good artesian casing, and will at all times 
 adjust the tubing and seed-bag in such wells, or suffi- 
 ciently plug and keep every such well protected, so as 
 effectually to shut off all surface and fresh water. And 
 will properly and efficiently shut and plug off the large 
 salt-water vein, if tapped in sinking said well. And will 
 on the completion of said well thoroughly, skilfully, and 
 diligently test the same for a sufficient period of time to 
 ascertain as accurately as possible the yield and capacity 
 thereof. And will, if the said well prove to yield oil in 
 
 
 
 i || 
 
 ii 
 
 
 ; ,0 i 
 
 ■ 
 
 li 
 
 * 
 
 i 
 I 
 
 ! 
 
 : , 
 
 i a^B 
 
 
 ! 
 
 Ik'' 
 
 ! ■ 
 
 
 
 Ill 
 
 
 i 
 
 1 
 
 
 
 ill 
 
 
 ! I 
 
 I i I 
 
 * H . 
 
 t ■. ■ 
 
 1^ 
 
 :»■ 
 
joo 
 
 LfeASES. 
 
 ' I It 
 
 $ 1 
 
 Mi 
 
 paying quantities, (without any expense to the lessor) 
 pump and work the same faithfully and uninterruptedly 
 with due vigor and skill, and with good and sufficient 
 machinery and appliances, so long as said well continues 
 to yield oil in remunerative quantities according to the 
 true intent and meaning of these presents. 
 
 And will keep books on or near the said premises, 
 showing correctly the quantity of oil produced there- 
 from, and of all oil taken away or removed therefrom, 
 and will from time to time on demand produce the said 
 books and permit the lessor, or his attorney or agent, to 
 inspect the same and take extiacts therefrom or copies 
 thereof. And will permit and suffer the lessor, or his 
 attorney or agent, at any time and all times to enter upon 
 the said demised premises for the purpose of so inspect- 
 ing, copying, or extracting from said books, and as well 
 also to inspect the operation of pumping and working 
 said well. And will deliver to the lessor on the said 
 
 demised premises the full one part or share of the 
 
 petroleum oil gathered, obtained, or procured from the 
 said premises in barrels or tanks (to be provided by the 
 
 lessor) as often as once in every days, or oftener, if 
 
 the lessor shall require the same. And will not sell or 
 remove any oil from off said demised premises until the 
 said proportionate part or share thereof belonging to the 
 lessor shall have been delivered as aforesaid, unless the 
 lessor shall fail to be present or unrepresented, or to 
 provide tankage or barrels as aforesaid to receive the 
 
 said rent or royalty, for a period of days, in which 
 
 case it shall be lawful for the lessee to divide any oil 
 that mr.y have accumulated, in the same manner as if 
 
 1 1 
 
•emises, 
 
 \ there- 
 
 jrefroni, 
 
 the said 
 
 igent, to 
 
 r copies 
 
 )r, or his 
 
 iter upon 
 
 ) inspect- 
 
 d as well 
 working 
 the said 
 •e of the 
 from the 
 :d by the 
 
 loftener, if 
 
 liot sell or 
 until the 
 ing to the 
 lunless the 
 ted, or to 
 iceive the 
 in which 
 ,e any oil 
 nner as if 
 
 LEASE OF OIL LANDS. 
 
 3OT 
 
 both parties were present, and to remove away his part 
 or share thereof. And will at his own proper costs, 
 charges, and expenses provide all labor, machinery, 
 buildings, engines, boilers, tools, pumps, and other 
 appliances of every description requisite for the purpose 
 of sinking, testing, and pumping said well as aforesaid. 
 And it is further agreed by and between the said 
 parties that the lessee will, at the expiration or sooner 
 determination of the term hereby created, deliver up quiet 
 and peaceable possession of the said demised premises 
 to the lessor, and also that at the expiration of the term 
 hereby granted, or upon failure to obtain oil, or to obtain 
 the same in remunerative quantities from the said 
 demised premises after having put down said well and 
 tested the same in the manner aforesaid, or if the yield 
 of oil shall at any time cease or become unremunerative, 
 then the lessee upon giving one week's notice in writing 
 of his intention so to do to the lessor or his agent, or 
 by leaving such notice on the premises conspicuously 
 posted up, shall have the right to remove away all 
 machinery, buildings, engines, boilers, tools, pumps, and 
 other articles of every description whatsoever, except 
 the conductor (and reserving the privilege to the lessor 
 of purchasing the casing as hereinafter mentioned), from 
 off said premises, and to abandon the same (and the 
 removal of the engine and boiler, or any of the property 
 of the lessee used at said well and requisite for the 
 pumping and working thereof, other than for repairs re- 
 moval or substitution shall be considered an abandonment 
 thereof) ; and in case of such abandonment, or in case 
 the lessee shall stop or discontinue the ordinary opera- 
 
 ii 
 
 |! 
 
 '; 
 
 1 m 
 
302 
 
 LEASES. 
 
 iii'ii^i 
 
 tions for the production of oil from tiie said demised 
 
 premises for a period of consecutively during the 
 
 continuance of these presents, then, and in either of 
 such cases, the term hereby created shall thereupon 
 become terminated and void, and the lessor may re-enter 
 and take possession of the said demised premises, 13y 
 force or otherwise, and without any notice or demand of 
 possession, as if this lease had never been made. And 
 in case of any abandonment as aforesaid, every well 
 sunk on the said demised premises shall be left in as 
 good condition in every respect as when last operated 
 upon. Provided, nevertheless, that if the said casing 
 shall not be purchasec' under the privilege hereinafter 
 mentioned the said premises shall be left in as good 
 condition in every respect as when last operated upon. 
 Provided, nevertheless, that if the said casing shall not 
 be purchased under the privilege hereinafter mentioned, 
 the lessee shall be at liberty to draw the said casing out 
 of the well, doing as little injury to the said well as 
 possible. 
 
 And it is further agreed that in the event of an aban- 
 donment of the said well, the lessor shall have the 
 privilege of purchasing the casing therein at a fair 
 valuation, the election to purchase the same to be made 
 within one week from the giving of said written notice 
 of the lessee's intention to remove away the machinery 
 and other property as hereinbefore provided. 
 
 And it is further agreed between the parties hereto 
 that the lessor shall have the right of erecting, con- 
 structing, and placing any tank or tanks on said demised 
 premises, capable of holding in the aggregate 
 
ng the 
 ther of 
 ;reupon 
 re-enter 
 ises, by 
 iiand of 
 3. And 
 ery well 
 eft in as 
 operated 
 d casing 
 ^reinafter 
 as good 
 ed upon, 
 shall not 
 entioned, 
 asing out 
 d well as 
 
 an aban- 
 
 have the 
 
 I at a fair 
 
 be made 
 
 [ten notice 
 
 l-nachinery 
 
 lies hereto 
 :ting, con- 
 Id demised 
 ^egate 
 
 LEASE OF OIL LANDS. 
 
 303 
 
 barrels of oil, to receive or store from time to time his 
 share of the oil as aforesaid obtained from said demised 
 premises, but such tank or tanks are not to be placed in 
 such a position as to interfere with the pumping or 
 working of the well. 
 
 And it is further understood and agreed that the 
 lessee shall occupy the said lands for the sole purpose 
 of sinking oil wells thereon, and pumping and working 
 the same as aforesaid, and for no other purpose whatso- 
 ever, and that the lessor may occupy and cultivate the 
 said lands, save and except such parts thereof as the 
 lessee may reasonably require for the purposes afore- 
 said. 
 
 Provided thai the lessee shall do or cause no 
 unnecessary damage to the crops, timber, fences, or 
 roads of the lessor, and will repair or make compensation 
 for all damage so done. 
 
 Proviso for re-entry by the lessor on non-payment of 
 rent, c non-performance of covenants. And the lessor 
 covenants with the lessee for quiet enjoyment. And 
 that the lessee may during the existence of this lease put 
 down any other well or wells on the said demised 
 [)remises, subject to the same rent, covenants, and 
 agreements as are herein contained. 
 
 And it is further agreed that the words " lessor " and 
 " lessee," wherever used in this indenture, shall, where 
 the context allows, include and be binding on not only 
 
 the said and , the parties hereto, but also on 
 
 their respective heirs, executors, administrators, and 
 assigns. . ., 
 
 In witness, etc. 
 
 Signed, SEALED, etc. . ^ '-' , ,. ' : 
 
 ! 
 
 »» i 
 
n 
 
 304 
 
 LEASES. 
 
 ISi'i 
 
 LEASE OF MINING RIGHTS 
 
 To mtPie one mineral. 
 
 This Indenture made the day of , 18 — , in 
 
 pursuance of the Act respecting Short Forms of Leases, 
 
 Between of the of in the County of , 
 
 , hereinafter called the lessor, of the first part, and 
 
 of the of in the County of , , here- 
 
 ii! 
 
 inafter called the lessee, of the second part. 
 
 WITNESSETH that in consideration of the payments, 
 covenants, and stipulations hereinafter reserved and con- 
 tained, and on the part of the lessee to be observed 
 and performed, the lessor hereby grants, demises, and 
 leases unto the lessee all the \describe the mi?ieraf\ which 
 is now or hereafter may be found under, throughout, or 
 upon all that certain parcel of land, situate, etc., with full 
 and exclusive liberty, power, and authority for the lessee, 
 his agents, servants, and workmen, to search for, dig, 
 work, mine, procure, and carry away all of the said 
 mineral, wherever the same may be found within the 
 limits of ine said land, and to dig, procure, open, and 
 work any wells, shafts, or mines within the limits of the 
 said land, and upon the said land to make such erec- 
 tions and buildings as shall from time to time be neces-' 
 sary and proper for the more effectual working of the 
 said mines, and for the procuring and making fit for 
 sale the mineral to be raised within the limits aforesaid, 
 together with the use of any water and watercourses 
 arising in and running through the limits aforesaid. 
 
 [Provided, however, that the lessee shall not, in the 
 "^e cise of such liberty and power, in any way have the 
 
 ,iit to conflict with, interfere with, or hinder or make 
 • ' ult in any way, the mining operations of any other 
 
 III 
 
8—, in 
 Leases, 
 
 of , 
 
 art, and 
 -, here- 
 
 lyments, 
 
 and con- 
 observed 
 
 lises, and 
 
 al] which 
 
 ighout, or 
 
 ., with full 
 
 the lessee, 
 for, dig, 
 the said 
 ithin the 
 
 |open, and 
 lits of the 
 
 Isuch erec- 
 be neces- 
 ing of the 
 ing fit for 
 aforesaid, 
 tercourses 
 
 esaid. 
 
 [not, in the 
 ly have the 
 sr or make 
 any other 
 
 LEASE OF MINING RIGHTS. 
 
 305 
 
 minerals than the mineral aforesaid which the lessor 
 
 may at any time wish to carry on ; and the lessee cove- 
 nants with the lessor that he will not attempt to mine for 
 the said mineral on the said land, or to make erections 
 or buildings thereon in any place which may be so near 
 to any spot in which other minerals may exist as to in 
 any way interfere (in the judgment of the lessor) with 
 the mining, extraction, use, or preparation for sale of 
 such other mineral than by the lessor.] 
 
 Provided that the lessee, his servants, agents, and 
 workmen, shall have a right of way on, over, and upon 
 the said land, and with or without carts, sleighs, or other 
 vehicles, and horses or other animals, for the 'purpose of 
 digging for, working, and carrying away the said mineral. 
 
 To hold and enjoy all the powers and privileges here- 
 by granted, subject to the provisions aforesaid, and the 
 said premises hereby demised unto the lessee hence- 
 forth for a term of years from the day of , 
 
 18 — , yielding and paying therefor to the lessor the 
 yearly sum of dollars. 
 
 The lessee covenants with the lessor to pay rent. 
 Proviso for re-entry by the lessor on non-payment of 
 rent or non-performance of covenants. The lessor cove- 
 nants with the lessee for (juiet enjoyment. 
 
 And it is hereby declared and agreed that the expres- 
 sions "lessor" and "lessee," wherever used in this 
 indenture, shall, where the context allows, include and 
 
 be binding on not only the said and the parties 
 
 hereto, but also on their respective heirs, executors, 
 administrators, and assigns. 
 
 In witness, etc. • . 
 
 Signed, sealed, etc. 
 
 
p 
 
 I t IBi-.i 
 
 \t : '■■ 
 
 I %'' 
 
 .y 
 
 MECHANICS' LIENS. 
 
 
 ii 
 
 MECHANICS' LIEN ACT. 
 
 (R.S.O.,c. i;!6.) 
 
 CLAIM OF LIEN. 
 
 Work or materials. 
 
 A.B., of , [as assignee of C.I)., of ] under the 
 
 Mechanics' Lien Act claims a lien upon the estate or 
 interest of \^/iere insert the name and residence of owner of 
 land on which lien is claimed], and all persons claiming 
 under him subsequently to the [date when lien attached], 
 in the undermentioned land in respect of the following 
 work [or materials], that is to say [gi^jc short description of 
 the nature of the ivork done or materials furnished for 
 which lien is claimcd\ which work was [or is to be] done 
 [or materials were furnished] for [name and residence of 
 person upon whose credit work was done or materials 
 
 furnished] on or before the day of , i8 — [and 
 
 since the day of , i8 — ]. 
 
 The amount claimed as due [or to become due] is the 
 sum of $ , and $ for this lien. 
 
 The foUowinc; is a description of the land to be 
 charged [give concise description of the land sufficient for 
 
under the 
 
 I estate or 
 
 p/ oivner of 
 
 s claimini; 
 
 >i attached], 
 
 |e following 
 
 •ascription of 
 
 rnished for 
 
 |to be] done 
 
 residence oj 
 
 r materials 
 
 1 8— [and 
 
 |e due] is the 
 
 land to b*^ 
 sufficient for 
 
 CLAIM OF TIEN. 
 
 307 
 
 rea^istration ; if separate buildings, dcsii^^nate the different 
 lots, etc., and chars^e proper amount on each\ 
 
 [ When credit has been given, add] • The said work was 
 done [or materials were furnished] on credit, and the 
 period of credit agreed to expired [or will expire] on the 
 day of , 18 — . 
 
 Dated at this day of , A.D. 18—. 
 
 A.B. 
 
 County of- 
 
 Afffidaiut verifying claim. 
 I of the of 
 
 To Wit 
 
 in 
 
 the 
 
 ■ County of- 
 
 named in the 
 
 above [or annexed] statement of 
 
 claim, do make oath that the said claim is true [or that 
 the said claim, so far as relates to me, is true]. 
 
 [Or we and named in the above {or annexed) 
 
 claim do make oath and each for himself saith that the 
 said claim, so far as relates to him, is true.] 
 
 That all of the said work done [or materials furnished] 
 in the said statement of claim specified was so done [or 
 were so furnished or supplied] by me for use in the erec- 
 tion [construction ^;;' repairing] of a building or erection 
 upon the lands in the said statement of claim mentioned 
 '. T and upon the credit of . 
 
 That the land upon which the said work was done [or 
 materials were furnished or supplied] is, to the best of 
 my knowledge and belief, correctly described in the said 
 statement of claim. 
 
 [ IVhen affidavit made by agent., or assignee, a clause 
 must be added to the following effect : 
 
 II ... !!BCSS: 
 
 ■«* i 
 
 \ \ 
 
! ? ill' 
 
 m * i 
 
 308 
 
 mechanics' liens. 
 
 I have full knowledge of the facts set forth in the 
 above (or annexed) claim.] 
 ■^SwoRN before me, etc. 
 
 [or, " The said ] 
 
 and were severally - 
 
 SWORN before me, etc. j 
 
 A Commissioner, etc. 
 
 CLAIM OF LIEN 
 
 Ju)r 2t'ages, by one person. 
 A.B., of the of , in the County of- 
 
 'i?/ 
 
 [as assignee of CD., of ], under the Mechanics' Lien 
 
 Act, claims a lien upon the estate or interest of \here in- 
 sert name and residoicc of owner of land upon which lien 
 is daimed\ and all persons claiming under him subse- 
 (juently to the \date when lieti attached^ in the under- 
 mentioned land in respect of days' work performed 
 
 thereon while in the employment of [name and residence 
 of person upon ivhose credit the 7Vork was done] on or 
 
 before the day of , 18 — . The amount claimed 
 
 as due is the sum of $ , and $ for this lien. 
 
 The following is the description of the land to be 
 charged [gi7Je concise description of the land sufficient for 
 registration ; if separate buildings, designate the different 
 lots, etc., and charge proper amount on each\. 
 
 Dated at this day of , A.D. 18 — . 
 
 A. B. 
 
 [For affidavit verifying claim, see p. jo^.] 
 
 * Registrars and Deputy Registrars cannot administer this oath. 
 
 • I li 
 
■» in 
 
 the 
 
 anics' Lien 
 of \here in- 
 X which lic't 
 him subse- 
 the under- 
 performed 
 nd residence 
 'one] on or 
 unt claimed 
 his lien, 
 land to bo 
 sufficient for 
 the different 
 
 A.B. 
 
 hterthis oath. 
 
 APPOINTMENT OF ARBITRATOR. 
 
 CLAIM OF LIKN 
 
 309 
 
 ' ' For 7va}:;es, by several claimants. 
 
 The following persons, under the Mechanics' Lien 
 Act, claim a lien upon the estate or interest of \Jiere in- 
 sert name and residence of oivner of land upon which lien 
 is claimed], and all persons claiming under him subse- 
 quently to the [date when lien attached] in the under- 
 mentioned land in respect of wages for labor perforined 
 thereon while in the employment of [names and residence 
 of employers of the several persons claiming a lien], 
 
 [A.B.], of , $ for days' wages. 
 
 [CD.], of , $ for days' wages. 
 
 (E.F.], of , $ for days' wages. 
 
 The following is the description of the land to be 
 charged [give concise description of land sufficient for the 
 purpose of registration ; if separate buildings, designate 
 the diffi'rent lots, etc, and charge proper amount on each]. 
 
 Dated at this day of , A.D. 18 — . 
 
 A. B. 
 C. D. 
 
 E. F. 
 
 [For affidavit verifying claim, see p. JO/.] 
 
 APPOINTMENT OF ARIUTRATOR. 
 
 (S. I4-) 
 
 Whereas I, , claim to be entitled to a lien upon 
 
 the estate and interest of [name of owner] in [describe the 
 lands] [or a charge upon the money due from {name of 
 oivner) to you {name of contractor)] for and in respect of 
 a claim of $ , which I claim to be due to me by 
 
 H 
 
Si :»i II 
 
 iK 
 
 f ill 
 
 II 
 
 i: ^ 
 
 310 
 
 MF.CltANICS FJENS. 
 
 you for work done [or materials furnished], which claim 
 you dispute. I do, therefore, hereby and by virtue of 
 the statute in that behalf appoint of [s/aff his resi- 
 dence and occupation\ as arbitrator to determine all mat- 
 ters in dispute between us touching my said claim. And 
 I do hereby require you within three days after the ser- 
 vice hereof to appoint an arbitrator on your behalf, and 
 in default of your so doing I bhall apply to the judge- of 
 the County Court of the County of \the county in which 
 the lands /ie] to appoint an arbitrator for you. 
 
 I)ATKi) this day of , 18 — . 
 
 [S(i^ nature of sub-contractor 7vhose claim is dis/>u/tj.] 
 
 I'o [name of debtor disputing:; the claim\ 
 
 1 1 
 
 liii: 
 
 DISCHARGE OF MECHANICS' LIEN. 
 
 (S. 26.) 
 
 I [name of iienholder'] acknowledge to have received 
 from [name of oivner or other person making payment\ 
 $ in full discharge of my mechanics' lien as a [con- 
 tractor or sub-contractor^ as the case may be] upon lot 
 [,i,'7Z^f short description of /and sufficient for rei^istration\ 
 
 Dated this day of , 18 — . 
 
 Witness: | [Signature of Iienholder. \ 
 
 ) 
 
 Affidavit verifying receipt in discharge of lien. 
 
 County of- 
 
 To Wit : 
 
 1 _ 
 
 j and occupation] make oath and say : 
 
 In the matter of the Mechanics 
 Lien Act. I of [state residence 
 
ich claim 
 virtue of 
 - his rt'si- 
 le ail mal- 
 lim. And 
 er liie ser- 
 )eliaif, and 
 ic judge of 
 ty in which 
 
 is disputed.] 
 
 LIEN. 
 
 lave received 
 ing payment] 
 
 fen as a {con- 
 
 pe\ upon lot 
 
 registration]. 
 
 \ho/der.] 
 
 of lien, 
 ic Mechanics 
 )tate residence 
 lath and say •• 
 
 NOTICE OF SALE OF CHATTELS. 
 
 3" 
 
 (i) That I was personally present and did see [name 
 of lienholder giving receipt^ duly sign the above [or 
 annexed or within, as the case may be^ written receipt. 
 
 (2) That I well know the said [na/ui of lienholder\ 
 and the said receipt was signed by him at . 
 
 Sworn before me, etc. 
 
 NOTICE OF SALE OF CHATTELS. 
 
 To be published in a netvspaper^ and also left at oivner's 
 
 last residence. 
 
 Auction Sale. 
 
 WnKKKAs [name of person indebted^ is indebted to the 
 
 undersigned in the sum of $ for [work done and 
 
 materials supplied in the alteration or improvement of 
 {describe article)], and three months have elapsed since 
 the said sum ought to have been paid, and default has 
 been made in payment thereof, notice is hereby given 
 
 that on next, the day of , 18 — [a date not 
 
 kss than one iveck after the date of this notice] at \place of 
 
 sale, e.g., the auction rooms of at No. , 
 
 street, in the of ] the said [describe chattel as 
 
 above] will be sold by [name of auctioneer] by public 
 auction. 
 
 [If the sale is to be subject to a reserve bid, or other 
 special conditions, it should be so stated.] 
 
 Datkd this day of , 18 — . 
 
 [Signature of lienholder.] 
 
 
 
 III 
 
 Ml 
 
 ! itilll 
 
 i : 
 
 1 1 
 
 ii 
 
 
 11 
 
 
312 
 
 MECHANICS LIENS. 
 
 NOTICE TO OAVNER 
 
 By sub-contractor. 
 To \name of oivner\. 
 
 Take notice that I have been employed by \^namc of 
 contractor by whom person giving notice luas employed] to 
 [do work as a painter on or to supply materials for] the 
 building erected [or now being erected] on [^give short 
 description of prcmises\ and that the said \ttafne of con- 
 tractor] is indebted to me for such work [or materials] 
 
 in the sum of $ , which is unpa'd, and I claim a 
 
 charge therefor on all moneys due by you to the said 
 [name of contractor]. 
 
 Dated this day of , i8 — . 
 
 [Signature of sub-contractor. ] 
 
 CONTRACTOR'S AFFIDAVIT.* 
 
 To be wade before he is entitled to receive paynunit under 
 
 his contract. 
 
 (56 Vict., c. 24, Out.) 
 
 COUNTV of- 
 
 1 
 
 I 
 
 -of the of- 
 
 -in the- 
 
 County of , Contractor \or siib- 
 
 1 o Wit : I contractor, as the case may bc\ for 
 
 Cf ai n work on the land of , which may be known 
 
 and described as follows : [here describe lands briefly], 
 make oath and say [or do solemnly declare] : 
 
 That I have paid all wages earned in respect to or on 
 
 "S^A statutory declarution to the same effeit may be viade instead 
 of an affidavit. '\ 
 
)y [name of 
 nployed\ to 
 ,als for] the 
 
 \give short 
 ame of con- 
 r materials] 
 \ I claim a 
 
 to the said 
 
 f)ntractor.] 
 ymeiit under 
 
 in the 
 
 ctor \pr sub- 
 
 may bc\ for 
 
 ay be known 
 
 lands briefi}\ 
 
 |e]: 
 pect to or on 
 
 AFFIDAVIT BY AGENT OF CONTRACTOR. 
 
 313 
 
 the said work up to and inclusive of the fourtecntli day 
 preceding this day ; that is to say, up to and inclusive of 
 
 ihe day of , 18 — . 
 
 Sworn \or Declared] before me, etc. 
 
 AFFIDAVIT BY AGENT OF CONTRACTOR. 
 
 County of- 
 
 \ Coui 
 
 of the 
 
 of- 
 
 in the 
 
 County of , Agent for , Con- 
 To Wit : J tractor [or sub-contractor, as the case 
 
 may l)e\ in respect of certain work on the land of , 
 
 which may be known and described as follows : [here 
 describe lands hriefly\ make oath and say [or do solemnly 
 declare] : 
 
 I know of my own personal knowledge that all wages 
 earned in respect to or on the said work up to the four- 
 teenth day preceding this day [or up to the day of 
 
 ; 18 — ] have been paid. 
 
 Sworn [or Declared] before me, etc. 
 
 AFFIDAVIT OF MORTGAGOR. 
 
 Required to itisure priority of mortgage over mechanics^ 
 
 liens. 
 
 (56 Vict., c. 24, Ont.) 
 
 County of- 
 
 To Wit 
 
 I 
 of- 
 
 -ofthe- 
 
 -of in the County 
 
 -, the mortgagor named 
 in a certain mortgage bearing date 
 
 -day of , 18 — , made between myself, of the 
 
 Ic inadeinsim ■ j^^g^ ^^^^^ ^j^^ ^^ mortgagee, and registered in the 
 
 the- 
 
 1 \ 
 
 \ f- 
 
 »> 
 

 3M 
 
 MECHANICS LIENS. 
 
 Registry Office for the of as No.- 
 
 -, make 
 oath and say [or do solemnly declare] : 
 
 That all claims of mechanics, laborers, or other per- 
 sons referred to in the fourth section of the Mechanics' 
 Lien Act, with reference to work done or materials or 
 machinery placed or furnished on the land included in 
 the said mortgage, have been paid in full. 
 
 I further say that all wages earned in respect to or on 
 the said work up to and inclusive of the fourteenth day 
 preceding this day, that is to say, up to and inclusive of 
 the day of , i8 — , have been paid. 
 
 Sworn [or Declared] before me, etc. 
 
 !ih 
 
 :! 
 
lill 
 
 »■■ 
 
 :t to or on 
 teenth day 
 ndusive of 
 
 MORTGAGES. 
 
 STATUTORY MORTGAC^E. 
 
 With bar of do7ver. 
 
 (R.S.O., c. 107, Schedule A.) 
 
 This Indenture made the day of — 
 
 -, one tiiou- 
 
 sand eight hundred and , in pursuance of the Act 
 
 res[)ecting Short Forms of Mortgages, Between of 
 
 , hereinafter called the mortgagor, of the first part ; 
 
 and of , hereinafter called the mortgagee, of 
 
 the second part [and , wife of the said mortgagor, of 
 
 the third part]. 
 
 WITNESSETH that in consideration of of lawful 
 
 money of Canada, now paid by the said mortgagee 
 to the said mortgagor (the receipt whereof is hereby 
 acknowledged), the said mortgagor doth grant and mort- 
 gage unto the said mortgagee, his heirs, executors, 
 administrators, and assigns forever, all that certain par- 
 cel of land, situate, etc. 
 
 [And the said , wife of the said mortgagor, hereby 
 
 l)ars her dower in the said lands.] 
 
 Provided this mortgage to be void on payment of 
 
 of lawful money of Canada, with interest at per cent. 
 
 as follows \here insert terms of payment of principal and 
 iiifcrest], and taxes and performance of statute labor. 
 
 The said mortgagor covenants with the said mort- 
 i;agee that the mortgagor will pay the mortgage money 
 and interest and observe the above proviso. 
 
 ;|i 
 
 
 i 
 
3i6 
 
 MORTGAGES. 
 
 ii!! 
 
 I! 
 
 n 
 
 That the mortgagor has a good title in fee simple to 
 the said lands. 
 
 And that he has the right to convey the said lands to 
 the said mortgagee. 
 
 And that on default the mortgagee shall have (}uiti 
 possession of the said lands free from all incumbrances. 
 
 And that the said mortgagor will execute such further 
 assurances of the said lands as may be requisite. 
 
 And that the said mortgagor has 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 
 
 currency. 
 
 And the said mortgagor doth release to the said niort 
 gagee all his claims upon the said lands subject to the 
 said proviso. 
 
 Provided that the said mortgagee, on default of pay- 
 ment for months, may on notice enter on and 
 
 lease or sell the said lands. 
 
 Provided that the mortgagee may distrain for arrears 
 of interest. 
 
 Provided that in default of the payment of the interest 
 hereby secured, the principal hereby secured shall be 
 come payable. 
 
 Provided that until default of payment the mortgagor 
 shall have quiet possession of the said lands. 
 
 In witness whereop' the said parties hereto have 
 hereunto set their hands and seals. 
 
 Signed, sealed, and delivered"! 
 in the presence of / 
 
TT^i 
 
 n 
 
 ; simple to 
 
 id lands lo 
 
 have c\uiti 
 ambranccs. 
 ,uch furlher 
 
 lite. 
 no act to 
 
 4 
 
 he buildings 
 ;ss than 
 
 ne said mori 
 ubject to the 
 
 ifault of pay- 
 ;nter on and 
 
 [in for arrears 
 
 )fthe interest 
 ired shall Ik- 
 
 Ihe mortgagor 
 
 Is. 
 hereto have 
 
 MORTGAGE. 317 
 
 MORTGAGE 
 
 By beneficial owner. 
 
 (R.S.O., caps. 102, 107.) 
 
 This Indenture made the day of , i8 — , in 
 
 [mrsLiance of the Act respecting Short Forms of Mort- 
 gages, and of An Act respecting Mortgages of Real 
 
 Estate, Between of , hereinafter 
 
 mortgagor, of the first part, and of 
 
 called the 
 — , hereinafter 
 called the mortgagee, of the second part. 
 
 WITNESSETH that in consideration of- — of lawful 
 money of Canada, now paid by mortgagee to the mort- 
 gagor (the receipt whereof is hereby acknowledged), the 
 mortgagor, who conveys as beneficial owner, doth grant 
 
 and mortgage unto the mortgagee in fee simple, all 
 
 that certain parcel of land, situate, etc. 
 
 Provided this mortgage to be void on payment of 
 
 of lawful money of Canada, with interest at per 
 
 cent, per annum, as follows: , and taxes and perform- 
 ance of statute labor. 
 
 The mortgagor covenants with the mortgagee that the 
 mortgagor will insure the buildings on the said lands to 
 the amount of not less :han currency. 
 
 And the mortgagor doth release to the mortgagee all 
 his claims upon the said lands subject to the said pro- 
 viso; provided that the mortgagee on default of payment 
 
 ifor months may on notice enter on and lease or 
 
 sell the said lands ; provided that the mortgagee may 
 [distrain for arrears of interest ; provided that on default 
 [of the payment of the interest hereby secured the princi- 
 pal hereby secured shall become payable ; provided that 
 
 i 
 
 Ukm '■' 
 
 
 " PI 
 
 I 
 
 
 I 
 
 I 'I 
 
 ^ I 
 
 ! ; 
 
 mfi']j\ 
 
 ! \ 
 
 m 
 
m 
 
 318 
 
 MORTGAGES. 
 
 > m , 
 
 fi':' 
 
 until default of payment the mortgagor shall have (juict 
 possession of the said lands. 
 
 In witness, etc. 
 
 Signed, sealed, etc. 
 
 MORTGAGE 
 
 lVi//i special covenants and provisoes. 
 
 This Indenture made the day of , 18—, in 
 
 pursuance of th^^ Act respecting Short Forms of Mort- 
 gages, Bet^vfen of the of in the County of 
 
 , , l.eiciii.ui-er called the mortgagor, of the first 
 
 part, and cf the of in the County of , 
 
 , hereinafter nlK,. .he mortgagee, of the second 
 
 part [and , wife of the mortgagor, of the third part]. 
 
 Whereas the mortgagor, at the time of the execution 
 hereof, is seized of an estate of inheritance in fee simple 
 in possession in the lands hereinafter mentioned. 
 
 Now this indenture WITNESSETH that in considera- 
 tion of dollars of lawful money of Canada, now paid 
 
 by the mortgagee to the mortgagor (the receipt whereof 
 is hereby acknowledged), the mortgagor doth grant and 
 mortgage unto the mortgagee forever all that certain 
 parcel of land, situate, etc. 
 
 [And the said , wife of the mortgagor, hereby hars 
 
 her dower in the said lands.] 
 
 Provided this mortgage to be void on payment of 
 
 dollars of lawful money of Canada, with interest at the 
 
 rate of per cent, per annum as follows: the said 
 
 principal sum of dollars on the day of , 18- 
 
 and interest at the rate aforesaid as well after as before 
 
 ■■\\ 
 
lavc (luiel 
 
 —, 18—, in 
 •ms of Mori 
 '.e County of 
 ,r, of the first 
 
 unty of . 
 
 f the second 
 le third part]. 
 the execution 
 
 in fee simple 
 ioned. 
 
 in considera- 
 
 ,ada, now paid 
 iceipt whereof 
 ,0th grant and 
 il that certain 
 
 )r, hereby hars 
 
 ayment of^ ^ 
 , interest at the 
 lows: the said 
 
 ^of . 1^- 
 
 I after as before 
 
 MORTGAGE. 
 
 319 
 
 maturity, and as well after as before default, [half-yearlyj 
 
 on the days of and in each year until the 
 
 whole of the said principal sum shall be fully paid and 
 satisfied, whether the same shall be paid on or after the 
 expiration of the time hereinbefore appointed for pay- 
 ment thereof, the first payment of interest to be made 
 on the day of , 18 — , 
 
 Co7npou)id interest. 
 
 And in case default shall at any time be made in pay- 
 ment of any sum due for interest as aforesaid, com- 
 pound interest shall be paid at the rate above men- 
 tioned on the sum so in arrear ; and in case the interest 
 
 and compound interest are not paid in months from 
 
 the time of default, a rest shall be made and compound 
 interest at the said rate shall be payable on the whole 
 amount then due, and so on from time to time ; and all 
 such interest and compound interest shall be a charge 
 on the said lands next after the said principal money. 
 The said several payments of principal and interest to 
 be niadu in gold coin of the present standard value 
 legally current in Canada, if required. And taxes and 
 performance of statute labor. 
 
 Reduced rate of interest for punctual payment. 
 
 The mortgagee covenants with the mortgagor that 
 upon payment of the said interest on the days on which 
 the payments thereof severally become due, or within 
 
 days thereafter, respectively, the mortgagee will 
 
 accept the same at the rate of [six] per cent., instead of 
 [seven] per cent, as hereinbefore provided. 
 
 
 Il 
 
 \ 
 ] 
 
 ||j 
 
 
 \ .■ 
 
 I « 
 
 
n 
 
 320 
 
 MORTGAGES. 
 
 {? 
 
 Bonus in lieu of notice. 
 
 And the mortgagor covenants with the mortgagee that 
 in the event of non-payment cf the principal moneys 
 
 at the time or times herein provided [or within 
 
 then^after, with interest for said ], then the mort- 
 gagor shall not refjuire the mortgagee to accept paynient 
 of the said princii)al money without paying a bonus 
 equal to three months' interest in advance on the said 
 principal moneys, such bonus to be in lieu of notice of 
 intention to pay, the right to give which notice is herel)y 
 waived. 
 
 Provided that in default of the payment of any portion 
 of the money hereby secured the whole principal money 
 and interest hereby secured shall, at the sole option of 
 the mortgagee, and not otherwise, immediately become 
 payable. 
 
 Provided that the mortgage ■ shall not be required to 
 accept payment of the principal money hereby secured 
 
 before the end of the period of years hereinbefore 
 
 mentioned. 
 
 Statutory covenants. 
 
 The said mortgagor covenants with the said mort- 
 gagee that the mortgagor will pay the mortgage money 
 and interest, and observe the above provisoes. That 
 the mortgagor has a good title in fee simple to the said 
 lands. And that he has the right to convey the said 
 lands to the said mortgagee. And that on default the 
 mortgagee shall have (juiet possession of the said lands 
 free from all incumbrances. And that the said mort- 
 gagor will execute such further assurances of the said 
 
^ 
 
 ragee that 
 a moneys 
 
 vithin- 
 
 the mort- 
 al paynient 
 ,g a bonus 
 on the said 
 of notice of 
 cc is hercliy 
 
 f any portion 
 icipal money 
 ole option of 
 ately become 
 
 )c required to 
 brcby secured 
 hereinbefore 
 
 MORTGAGE. 
 
 321 
 
 lands as may be requisite. And that the said mortgagor 
 has done no act to incumber the said lands. 
 
 Insurance. 
 
 And that the said mortgagor will insure the l)uildings 
 on the said lands to the amount of not less than the 
 principal money hereby secured in currency. 
 
 Provided that the mortgagee may cancel any insur- 
 ance of the said buildings now existing, and may require 
 a new insurance to be effected in an office to be named 
 by him, and also may of his own accord effect or main- 
 lain any insurance herein provided for, and any amount 
 [)aiil by him therefor shall forthwith be i)ayable to him 
 with interest at the rate aforesaid by the mortgagor, and 
 shall be a charge upon the lands next after the said prin- 
 cipal money and interest. 
 
 Provided that if there shall be any loss by fire either 
 before or after default shall have been made in payment 
 of the moneys hereby secured, or in the doing or keep- 
 ing or non-observance of any of the covenants or agree- 
 ments herein contained, the mortgagee may, at his option, 
 apply the insurance moneys either towards rebuilding 
 the destroyed premises or upon payment of the moneys 
 hereby secured, or partly upon one and partly upon the 
 
 other. 
 
 Jhiildin^s to become fixtures. 
 
 Provided that any erections, buildings, or improve- 
 ments hereafter erected, built, or made on the said lands 
 shall thereupon become fixtures and be a part of the 
 realty, and form a part of this security as effectually to 
 all intents and purposes as if the same had been so 
 erected, built, or made before the execution of these 
 presents. 
 
 i 
 
 i 
 
 
 I; IB 
 
 
 I 
 
 1 
 
 ■ 
 
 II 
 
^1'-," 
 
 ri: 
 
 1; 
 
 m 
 
 il 
 
 i 1 
 
 I ; 
 
 ; 1 
 
 1 
 
 ) 
 
 I 1 mi I 
 P till*! I 
 
 i I 
 
 ! i 
 
 Hni 
 
 322 
 
 MOfttGAOfiJi. 
 
 And the said mortgagor doth release to the said mort- 
 gagee all his claims upon the said lands subject to the 
 said, provisoes. 
 
 Mortgagor to keep premises in repair. 
 
 The mortgagor covenants with the mortgagee that he 
 will keep the said lands and the buildings and improve- 
 ments thereon in good condition and repair, according 
 to the nature and description thereof respectively, and 
 that the mortgagee may enter and view state of repair ; 
 and that in case of non-observance or non-performance 
 of the above covenants, or any part thereof, or if the 
 mortgagor or those claiming under him commit any act 
 of waste on the said lands, or make default as to any of 
 the covenants or provisoes herein contained, the princi- 
 pal hereby secured shall, at the option of the mortgagee, 
 forthwith become due and be paid, and, in default of 
 payment, the powers of sale hereby given may be exer- 
 cised. 
 
 Power of sale — Notice. 
 
 Provided that the said mortgagee, on default of pay- 
 ment for months, may on notice enter on and 
 
 lease or sell the said lands, it being hereby agreed that 
 such notice may be effectually given either in the man- 
 ner aforesaid or by leaving the same with a grown-up 
 person on the said lands if occupied, or by placing it 
 thereon if unoccupied, or at the option of the mortgagee 
 by publishing the same once in some newspaper pub- 
 lished in the County of , and shall be sufficient, 
 
 though not addressed to any person or persons by name 
 or designation, and notwithstanding any person or per 
 
lid mort- 
 -t to the 
 
 :e that he 
 \ improve- 
 according 
 lively, and 
 of repair ; 
 )erformancc 
 )f, or if the 
 mit any act 
 as to any of 
 , the princi- 
 e mortgagee, 
 .n default ot 
 nay he exer 
 
 MORTGAGE, 
 
 323 
 
 sons *.o he aft'ected thereby may be unborn, unascer- 
 tained, or under disability. And thai on such default 
 
 for months the mortgagee may, without any notice, 
 
 enter on and lease or sell the said lands. And may buy 
 in, or rescind, or vary any contract for sale of any of the 
 said lands, and resell the same without being answer- 
 able for loss occasioned thereby ; provided that all 
 costs, charges, and expenses incurred in inspecting the 
 said lands (which the mortgagee shall be entitled to do 
 after default), or in taking, recovering, or keeping pos- 
 session of the said lands, or in enforcing the personal 
 remedies under these presents, or otherwise in relation 
 to this security or by reason of non-payment or procur- 
 ing payment of the moneys secured hereby, shall be and 
 they are hereby made a charge upon the said lands, and 
 all sums so paid shall bear interest at the rate above 
 mentioned, and for any of said purposes the mortgagee 
 may make and execute all such agreements and assur- 
 ances as he shall see fit. 
 
 Provided that the purchaser shall in no case be bound 
 to ascertain that the default has happened under which 
 the mortgagee claims to lease or sell, and that the 
 remedy of the mortgagor shall be in damages only, and 
 the sale under the said power shall not be affected. 
 
 Distress. 
 
 Provided that the mortgagee may distrain for arrears 
 of interest, and as a part of the consideration for the 
 advance of the above sum the mortgagor doth agree to 
 waive, and doth hereby waive, on the exercise of such 
 right and license, all rights to exemptions from seizure 
 and distress under any statute of this Province. 
 
 I 
 
 !• 
 
 
 1 ; 
 
324 
 
 M()RT(;/\r.Es. 
 
 i. 
 
 Provided that until default of payment the mortf^aj^or 
 shall have (juiet [)()Ssession of the said lands. 
 
 Provided that neither the execution nor registration 
 of this mortgage, nor the advance in part of the moneys 
 secured hereby, shall bind the mortgagee to advance the 
 moneys or any unadvanced portion thereof. 
 
 iMot/giigci' may pay existing:; encumbrances^ cosis, etc. 
 
 Provided that the mortgagee may pay any taxes, rates, 
 assessments, charges, and prior encumbrances which arc 
 now or shall at any time hereafter become due and bt 
 unpaid on or in respect of the said lands, and charge 
 payments therefor, with interest at the rate aforesaid, and 
 may incur and pay all costs, charges, and expenses be- 
 tween solicitor and client which may arise in or about 
 the said lands, or in or about the title thereof, or by 
 reason of any charge or claim made thereon or in defence 
 of the title thereto, or in or about any action or proceed 
 ing which may be brought by or against the mortgagee 
 in respect of the said lands, or in his character of mort- 
 gagee, or be incurred in or about the recovering or 
 attempting to recover the moneys secured by these 
 presents, and the amounts so paid shall be payable 
 forthwith with interest, and in default the powers of sale 
 hereby given shall be exercisible ; and in the event of 
 the money hereby advanced, or any part thereof, being 
 applied in payment of any charge or encumbrance, 
 the mortgagee shall stand in the position of and be 
 entitled to all the equities and securities of the person or 
 persons so paid off. 
 
 Provided that in case of the exercise by the mortgagee 
 of any of the remedies given him hereunder for realiza- 
 
c nior'.gamir 
 
 MORTUA(;|.;. 
 
 """"f>lHum,„oys hereby sec,„...,l ""' 
 
 "^ -ould ,,e e„„„,, ,„;"<■• ""''"""'^.l "..crest a. 
 after default. '"''• ""•■ '""n«ag„r redeen.ed 
 
 -y "...e release or sell Jy Z"T '"''"''"'■ ^^ 
 
 l'^"ds or the o,,uity of redcm, 7 'T" "' "'^' '^i'l 
 
 •™'"-"lvsul.ject;„ the ^, "','";" "" »"'"'•• "f>l.e 
 
 -cording to the proviso 7 v'!' "'""">' "^'J''^'''^' 
 
 'I'c principal overdue le^hv '^ '""'' °' '"'"'^ "f 
 
 '"-of -o run at intere t p • , ''•,'"7''"' " '"'••"'- 
 '"•^^e «ny „ipu,„,,„, ,^/;^>';^^^^ - aforesaid, and n,ay 
 
 "'cn-ment of title, or other,, T- ™''™ee, or con, - 
 "^' -d .l.a. the n,or. '" r ,T * "' ^''»" ^"™. 
 fo'- .- value of the la d to tf ""' ^ accountable 
 -i-«e any other of Z s"d' H ' ,"" ""'" ""' "--''X 
 '""'» herein contained or 1 ' "' ''•"y of the cove 
 'l^-'" or any part thereof ' '""'^ ''"^ "'^ "ortgage 
 
 ProviHH /'''■'■'■''"'""■ >'-A'i/?'*^A. 
 I rovided that the fart nr ,r 
 
 "'her person for the tinte l„ '"°«K%'ee, or of any 
 
 'hi^ security, being a o ti o irn'"'^' '" ""^ '-"cHt o'f 
 f vising and trans'ac.ing h ne rV'"""'""'" ^-™ 
 'he premises hereby conveyed ,H 7 '"" ''"«" "^ '" 
 "> charge the .nortgago for '1. ™ '^""^ ^"""^'d 
 
 -customed costs and ch^Lsa beT"" "' "^"•^' -'<^ 
 chent, and that until pay^n, I.^'"'"" ^"''c'or and 
 
 become due in respect S:"-^^^^^^^ 
 
 c'^vices as aforesaid, with 
 
 
 li 
 
 : : 
 
 i 
 
 5 1 
 
 in- 
 
 A h 
 
326 
 
 MORTGAGES. 
 
 interest thereon as from the time when the same shall 
 respectively have become due, shall be a charge upon 
 the premises in like manner as the said principal and 
 interest hereby secured. 
 
 Attornment. 
 
 The mortgagee leases to the mortgagor the said lands 
 from the date hereof until such date as the prmcii)al 
 money hereby secured becomes due according to the 
 terms hereinbefore mentioned, the mortgagor paying in 
 every year during the said term, on the days in the 
 above i)roviso for redemption appointed for payment of 
 the moneys hereby secured, such rent or sum as equals 
 in amount the amount payable on such days respectively 
 according to the said proviso. And it is agreed that 
 such payments when so made shall respectively be 
 taken, and be, in all respects, in satisfaction of the 
 moneys so then payable according to the said proviso. 
 And the mortgagor doth attorn and become a tenant 
 from year to year to the mortgagee from the day of the 
 execution hereof at a [half] yearly (and on default in pay- 
 ment of interest, daily) rental, equivalent to, applicable in 
 satisfaction of, and payable at the same times as the 
 interest upon the principal hereinbefore provided to be 
 paid ; the legal relation of landlord and tenant being 
 hereby constituted between the mortgagee and mort- 
 gagor ; but it is agreed > : neither the existence of this 
 clause nor anything dc . by virtue hereof shall render 
 the mortgagee a mortgagee in possession, or account- 
 able for any moneys except those actually received. 
 
 Provided always and it is agreed that in case any of the 
 covenants or agreements herein contained be untrue, 
 
MORTOAGE OK INSURANCE POt.lCV. 
 
 327 
 
 ; shall 
 
 upon 
 
 al and 
 
 d lands 
 
 rincipal 
 to the 
 
 aying in 
 
 3 in the 
 
 ^ment of 
 
 IS equals 
 
 jpectivcly 
 
 ^reed that 
 
 ptively be 
 
 In of the 
 proviso, 
 a tenant 
 tay of the 
 ,ult in \>ay- 
 .plicable in 
 lies as the 
 ided to be 
 nant being 
 and mon- 
 Ince of this 
 Ihall render 
 ,r account- 
 
 •eived. 
 
 [e any of the 
 
 be untrue, 
 
 unobserved, or broken at any time the mortgagee may, 
 
 without any previous demand or notice, enter on the 
 
 said lands or any part thereof in the name of the whole, 
 
 and take and retain possession thereof and determine 
 
 the said lease. 
 
 Insolvency. 
 
 And it is agreed that sliould the mortgagor become 
 insolvent or make an assignment for the benefit of his 
 ereditors, then the moneys hereby secured shall at once 
 become due and be paid. 
 
 Agreement collateral to mortgage. 
 
 It is hereby declared and agreed that this indenture 
 is subject to the provisions of an indenture bearing even 
 date herewith, and made between the mortgagor and 
 mortgagee, and which said indenture is incorporated 
 herewith. 
 
 And it is further declared and agreed that the words 
 " mortgagor " and "mortgagee," wherever used in this 
 indenture, shall, where the context allows, include and 
 
 be binding on not only the said and , the parties 
 
 hereto, but also on their respective heirs, executors, 
 administrators, and assigns. 
 
 In witness, etc. 
 
 Signed, sealed, etc. 
 
 MORTGAGE OF INSURANCE POLICY. 
 
 Life. 
 
 -day 
 
 of- 
 
 18- 
 
 This Indenture made the- 
 
 Between of , hereinafter called the mortgagor, 
 
 of the first part, and of , hereinafter called the 
 
 mortgagee, of the second part. 
 
 V 
 
 II 
 
 1 u 
 
328 
 
 MORTGAGES. 
 
 irfiiiii 
 
 ! ! 
 
 WITNESSETH tliat the mortgagor, in consideration of 
 
 dollars to him paid by the mortgagee, the receipt 
 
 whereof ic hereby acknowledged, doth hereby bargain, 
 sell, assign, transfer, and set over unto the said mort- 
 gagee all that policy of insurance effected on the life of 
 
 the mortgagor with the Insurance Company, dated 
 
 the day of , i8 — , and numbered , for secur- 
 ing payment of the sum of dollars to his executors 
 
 administrators, and assigns, as therein mentioned, anL 
 also the said sum thereby secured, and all and every 
 other sum and sums of money which shall become pay- 
 able, under and by virtue of the said recited policy, by 
 way of bonus or otherwise. 
 
 To have, hold, receive, and take the said policy, sum 
 and sums of money, and all other the premises hereby 
 assigned or intended so to be, unto the mortgagee, 
 henceforth as his own proper moneys and effects, with 
 full power and authority for him to ask, demand, sue 
 for, recover and receive, and give effectual receipts, re- 
 leases, and discharges, for the said principal and other 
 moneys hereby assigned. And it is hereby declared and 
 agreed that the receipts, in writing, of the mortgagee shall 
 be valid discharges to the said company, and all other 
 persons paying any money by virtue of these presents ; 
 and that the said company, or such other persons, shall 
 not be bound or entitled to enquire into the state of the 
 accounts between the parties hereto, to see to the appli- 
 cation of the money in such receipts acknowledged to be 
 received, or to be answerable or accountable for the mis- 
 application or non-application thereof. 
 
 And it is hereby further declared and agreed by and 
 
 '^' <ti 
 

 MORTGAGE OF INSURANCE POLICY. 
 
 329 
 
 ion of 
 receipt 
 argain, 
 
 mort- 
 
 life of 
 ^, dated 
 )r secur- 
 Lccutors 
 [led, aiiL 
 id every 
 ome pay- 
 )olicy, ^)y 
 
 3\icy, sum 
 
 ,es here\)y 
 
 nortgagee, 
 
 •fects, with 
 land, sue 
 
 jceipts, re- 
 and other 
 
 [dared and 
 ragee shall 
 ' all other 
 presents ; 
 Irsons, shall 
 Istate of the 
 lo the appli- 
 [edged to be 
 Ifor the mi s- 
 
 Led by and 
 
 between the parties hereto, and the mortgagor doth 
 hereby direct and appoint, that the mortgagee shall 
 stand and be possessed of and interested in the said 
 policy of insurance, sum and sums of money, upon trust 
 for better securing to the mortgagee payment of the said 
 sum of dollars. 
 
 And the mortgagor doth hereby covenant and agree 
 with the mortgagee that the said policy of insurance 
 hereby assigned is a good, valid, and subsisting policy, 
 and hath not been forfeited, assigned, or otherwise dis- 
 posed of or rendered void or voidable, and that the 
 mortgagor shall and will well and truly {)ay the premiums 
 upim the said policy of insurance when and as the same 
 shall become payable, and do all other acts which may 
 1)0 necessary for keeping the same on foot, and shall and 
 will execute to the mortgagee all such further assign- 
 ments of the said policy as may be reasonably rcfiuired. 
 
 And the mortgagee doth hereby covenant and agree 
 with the mortgagor that he shall and will, so soon as the 
 
 said sL'.m of dollars and the interest thereof, and all 
 
 other moneys, costs, charges, and expenses intended to 
 l)e secured by the said indenture shall be fully paid and 
 satisfied, reassign the said policy of insurance and the 
 moneys hereby secured unto the mortgagor, free from 
 all incumbrances created by the mortgagee in the mean- 
 time ; provided always, and it is hereby expressly 
 declared and agreed by and between the parties hereto, 
 that the mortgagee shall not be required or bound to 
 sec to the payment of the premiums uj)on the said policy 
 of insurance, nor be responsible for ?ny loss which may 
 be occasioned by the non-payment thjreof. 
 
 1 1 
 
 p. I 
 
330 
 
 MORTGAGES. 
 
 ■ f Ml'^ r 
 
 l\ 
 
 And it is hereby further declared and agreed that the 
 expressions " mortgagor " and " mortgagee," wherever 
 used in this indenture, shall, where the context allows, 
 
 include and be binding on not only the said and 
 
 , the parties hereto, but also on their respective 
 
 executors, administrators, and assigns. 
 In witness, etc. 
 Signed, sealed, etc. 
 
 MORTGAGE OF 1,1:ASE. 
 
 (Long Fonii,) 
 This Indenture made the day of- 
 
 -, 18- 
 
 Between of , hereinafter called the mortgagor, 
 
 of the first part, and of , hereinafter called the 
 
 mortgagee, of the second part. 
 
 Whereas by an indenture of lease bearing date 011 
 
 or about the day of , 18 — , made between , 
 
 the lessor, and — 
 
 -, the lessee, the said lessor did 
 demise and lease unto the said lessee the lands here 
 inafter mentioned, to hold for and during the term of 
 
 years from the day of -, 18 — , at the yearly 
 
 rent of dollars, and under and subject to the 
 
 lessee's covenants and agreements therein contained. 
 
 [And whereas the said leasehold lands and term of 
 years have been assigned to the mortgagor.] 
 
 Now this indenture WITNESSETH that in considera- 
 tion of dollars now paid by the mortgagee to the 
 
 mortgagor (the receipt whereof is hereby acknowledged), 
 the mortgagor doth grant and mortg.nge unto the mort 
 gagee, his executors, administrators, and assigns, all and 
 
 iu 
 
 1.1 
 
T- 
 
 MORTGAGE OF LEASE. 
 
 331 
 
 [\at the 
 lerever 
 allows, 
 
 -and 
 
 spective 
 
 nortga^ov, 
 caUed the 
 
 ,g dale on 
 
 ween » 
 
 [lessor dul 
 ands bcre- 
 |ie term *'f 
 
 the yearly 
 ;ct to Ih^ 
 
 tained. 
 ind term of 
 
 considera- 
 
 igee to the 
 [nowledged), 
 lo the morl- 
 
 ligns, all and 
 
 singular, the said leasehold lands, being that certain par- 
 cel of land, situate, etc., with the appurtenances, and all 
 other the premises comprised in and demised by the 
 said lease and the unexpired residue of the said term of 
 years (excepting one day thereof), and all other the 
 estate term, right of renewal, and other the interest of 
 the mortgagor therein to hold unto the mortgagee, his 
 executors, administrators, and assigns. 
 
 Provided that if the mortgagor, his executors or ad- 
 ministrators, do pay unto the mortgagee, his executors, 
 
 administrators, or assigns, the sum of dollars, with 
 
 interest at per cent, per annum, as follows : , and 
 
 all rents reserved and payable in respect of the said 
 term of years, and all rates and taxes and charges what- 
 sfjever payable upon or in respect of the said lands, and 
 all premiums of insurance upon the buildings upon 
 the said lands, and all payments which are or may be 
 [Kiyable in respect of or in consequence of anything 
 contained in the said lease, then these presents shall 
 cease and be void. 
 
 And the mortgagor for himself, his executors and 
 administrators, covenants with the mortgagee, his ex- 
 ecutors, administrators, and assigns, that the mortgagor, 
 his executors or administrators, will well and truly 
 pay or cause to bo paid unto the mortgagee, his 
 executors, administrators, or assigns, the said principal 
 sum and interest at the times and in manner above 
 provided ; and also (unless and until upon default 
 ihe mortgagee, his executors, administrators, or assigns, 
 do enter upon, lease, or sell the said premises) will well 
 and truly pay the said rents, rates, taxes, charges, pre- 
 
 ■ uH 
 
 ■■■ I 
 
s f 'I 
 
 332 
 
 MORTOAGES. 
 
 I 
 
 miums of insurance, and payments, and perform and 
 observe all the covenants and conditions expressed or 
 iinplied in or by the said lease, and indemnify and save 
 harmless the mortgagee, his executors, administrators, 
 and assigns against payment of any such rents, rates, 
 taxes, charges, premiums of insurance, and payments, 
 and against all loss, costs, damages, and forfeitures 
 whatsoever occasioned by or by reason of or conse- 
 (juent upon any non-payment, non-performance, or non- 
 observance in the premises ; and, further, that if the 
 mortgagor, his executors or administrators, do make 
 default in payment of any such rent, rates, taxes, charges, 
 premiums of insurance or payments, and the mortgagee, 
 his executors, administrators, or assigns, do pay the 
 same or any part thereof, the mortgagor, his executors 
 and administrators, will pay to him and them the 
 
 amount so paid, with interest at the rate of per cent. 
 
 per annum, and the said premises shall stand charged 
 therewith upon this security. 
 
 And that the said lease is, at the time of the sealing 
 and delivery of these presents, a good, valid, and subsist- 
 ing lease in the law, and not surrendered, forfeited, or 
 become void or voidable; and that the rents and cove- 
 nants therein reserved and contained have been duly 
 paid and performed by the mortgagor up to the day of 
 the date thereof. 
 
 And that the mortgagor now has in him good 
 right, full power, and lawful and absolute authoiity to 
 grant, bargain, sell and assign the said lands and pre- 
 mises in manner aforesaid, and according to the true 
 intent and meaning of these presents. 
 
 'WH 
 
m and 
 seel {ir 
 id save 
 itrators, 
 ;, rates, 
 yments, 
 rfeitures 
 r consc- 
 or non- 
 it if 1^1^' 
 do make 
 ,, charges, 
 iortgagee, 
 
 pay th^ 
 executors 
 
 Lbem the 
 -per cent, 
 d charged 
 
 :be seahng 
 ind subsist- 
 rfeited, or 
 and cove- 
 been duly 
 the day of 
 
 him good 
 vutho/ity to 
 Is and pre- 
 to the true 
 
 MORTC.AOE OF LEASE. 
 
 333 
 
 And that in case of default in the payment of any of 
 the moneys or interest hereby secured, or any part 
 thereof, the mortgagee, his executors, administrators, 
 or assigns, may enter into and upon and hold and enjoy 
 the said premises for the residue of the said term of 
 years, and the renewal or renewals thereof (if any) for 
 his and their own use and benefit, without the let, suit, 
 liindrance, interruption or denial of the mortgagor, 
 his executors, administrators, or assigns, or any other 
 person whomsoever ; and that free and clear and frec'y 
 and clearly accjuitted, exonerated, and discharged, or 
 otlierwise, by and at the expense of the mortgagor, 
 his executors and administrators, well and efifectually 
 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 
 mortgagor has not, nor has any other person heretofore 
 made, done, committed, or suffered any act, deed, mat- 
 ter, or thing whereby or by reason whereof the said 
 [)remises or any part thereof have or has been or may be 
 in anywise charged, affected, or encumbered. 
 
 And that the mortgagor, his executors, administrators, 
 and assigns, and all other persons claiming any interest 
 in the said premises, shall and will from time to 
 lime, and at all times hereafter, at the request and 
 costs of the mortgagee, his executors, administrators, 
 or assign.s, make, do, and execute, or cause and procure 
 to be made, done, and executed, all such further 
 acts, deeds, assignments, and assurances in the law 
 for more effectually assigning and assuring the said 
 l)remises unto the mortgagee, his executors, administra- 
 
 
 
 
 11 
 
 
 
 1 
 
 i 
 
 
 in 
 
 
 I ill 
 
 . i 
 
 i 
 
 .11 
 
 1* } 
 
334 
 
 MORTGAGES. 
 
 i'i 
 
 tors, and assigns, according to the true intent and 
 meaning of these presents, as by the mortgagee, his 
 executors, administrators, and assigns, or his or their 
 counsel in the law, shall be reasonably advised or 
 required. 
 
 And also (unless and until upon default the mort- 
 gagee, his executors, administrators, or assigns do enter 
 upon or lease or sell the said premises) will from 
 time to time insure and keep insured the buildings 
 e'.ected or to be erected on the said lands against loss or 
 damage by fire, in some insurance office or offices to 
 be approved by the mortgagee, his executors, adminis- 
 trators, and assigns, in the full amount of dollars at 
 
 the least ; and at the expense of the mortgagor, his 
 executors and administrators, immediately assign the 
 policy or policies of insurance, and all benefits thereof, 
 to the mortgagee, his executors, administrators, and 
 assigns, as additional security for the payment of the 
 moneys and interest hereby secured ; and that in default 
 of such insurance it shall be lawful for the mortgagee, 
 his executors, administrators, or assigns, to effect the 
 same, and the moneys so paid and interest thereon shall 
 be a charge upon the said lands until repaid. 
 
 Provided, and it is agreed, that on default of payment 
 of any part of the interest hereby secured, or any part of 
 the said rents, rates, taxes, charger3, premiums of insur- 
 ance, or other payments, the princii)al money hereby 
 secured shall become payable ; but that in such case, at 
 any time before any judgment in the premises be recov- 
 ered, or within such time as by the practice of the High 
 Court relief therein could be obtained, the mortgagor. 
 
 • 
 
nt and 
 ee, his 
 )r their 
 ised or 
 
 e mort- 
 lo enter 
 ill from 
 mildings 
 5t loss or 
 )ffices to 
 
 adminis- 
 lollars at 
 ;agor, his 
 .ssign the 
 thereof, 
 ,tors, and 
 :nt of the 
 
 in default 
 
 ortgagee, 
 leffect the 
 
 reon shall 
 
 MORTGAGE OF LEASE. 
 
 335 
 
 his executors, administrators, and assigns, shall, on pay- 
 ment of all arrears and costs, be relieved from the con- 
 sequences of non-payment of so much of the moneys as 
 has not become payable by lapse of time. 
 
 It IS hereby declared and agreed that in case of default 
 ill payment of any of the moneys or interest hereby 
 
 secured, or any part thereof, and months shall have 
 
 elapsed without such payment being made (of which 
 default as also of the continuance of some part of the 
 said moneys or interest on this security the production 
 of these presents shall be conclusive evidence), the mort- 
 gagee, his executors, administrators, or assigns, may with- 
 out any further consent or concurrence of the mortgagor, 
 his executors, administrators, or assigns, enter into posses- 
 sion of the said lands and premises, and receive and take 
 the rents, issues, and profits thereof, and whether in or out 
 of possession may make any such lease thereof, or any 
 part thereof, as he or they shall think fit ; and also may 
 sell and absolutely dispose of the said lands, and the 
 then unexpired term of years therein, and the right of 
 renewal and premises hereby assigned, or any part or 
 [)arts thereof, by public auction or private contract, or 
 partly by the one and partly by the other, and may 
 withdraw from sale, or buy in, or resell, or vary, or 
 rescind any contract of sale without being responsible 
 for any loss, costs, or deficiency thereby occasioned, and 
 may make such terms and conditions of sale, and agree- 
 ments as to title, price, and all other matters whatsoever 
 as he or they may deem expedient, and may convey and 
 assure the same when so sold to the purchaser or pur- 
 chfisers, and his, her, or their executors, administrators, 
 
 h; 
 
 I 
 
 
 \\ 
 
 f 
 
 i' I] 
 
 ♦'! 
 
 i;i-ttii 
 
 'I 
 
 ij 
 
 lili H 
 
 ill 
 
33^ 
 
 MORTGAGES. 
 
 m 
 
 LJiv;* 
 
 S! 31 
 
 and assigns ; provided that the mortgagee, his executors, 
 administrators, and assigns, shall stand possessed of the 
 said lands and the rents and profits thereof until sale, 
 and then of the proceeds of sale in trust, firstly, to pay 
 all costs of getting and keeping possession of the said 
 lands and premises, and of repairs, and of and about the 
 leasing and selling thereof; secondly, to pay all moneys 
 and interest hereby secured ; and, lastly, to pay the 
 surplus, if any, to the mortgagor, his executors, admin- 
 istrators, and assigns, and to reconvey to him or them the 
 said premises, or so much (if any) thereof as shall remain 
 unsold. 
 
 I'rovided, lastly, that until default in payment in some 
 part of the moneys and interest hereby secured it shall 
 be lawful for the mortgagor, his executors, adminis 
 trators, and assigns, to hold, occupy, possess, and enjoy 
 the said lands and premises hereby assigned, with the 
 appurtenances, without any molestation, interruption, or 
 disturbance of, from, or by the mortgagee, his execu- 
 tors, administrators, and assigns, or any other person 
 claiming under him or them. 
 
 In witness, etc. 
 
 Signed, sealed, etc. 
 
 MORTGAGE OF LEASE. 
 (Short Form.) 
 This Indenture made the day of- 
 
 i8- 
 
 in pursuance of the Act* respecting Short Forms of 
 
 *[// hein^ open to doiiht whether the Short Forms Act (/C.S. 0., 
 c. loy ) applies to leasehold interests^ it will be advisable to use in 
 preference the Ion t;; for fit given on p. jjo, 7 he question is discussed 
 in I. din's Real Property Statutes, p. ^ig, and in / DeG.F./., 
 at p. 173.} 
 
MORTGAGE OF LEASE. 
 
 33^ 
 
 jcutors, 
 
 I of the 
 
 til sale, 
 
 , to \)ay 
 
 ;he said 
 
 bout the 
 moneys 
 pay the 
 
 ^, admin- 
 
 them the 
 
 ill remain 
 
 it in some 
 ed it shall 
 , adminis 
 and enjoy 
 , with the 
 uption, ov 
 his execu- 
 ber person 
 
 1 8-, 
 
 Forms 
 
 of 
 
 Mle to use m 
 In is discussed 
 1/ DeG.Fj-, 
 
 Mortgages, Between of , hereinafter called the 
 
 mortgagor, of the first part, and of , hereinafter 
 
 called the mortgagee, of the second part. 
 
 Whereas by a certain lease dated the day of 
 
 , 1 8 — , made between , the lessor, and , the 
 
 lessee, the said lessor therein named did demise and 
 lease unto the said lessee all that certain parcel of land, 
 situate, etc. 
 
 Now THIS INDENTURE WITNESSETH that in considera- 
 tion of the sum of of lawful money of Canada, now 
 
 [)aid by the said mortgagee to the said mortgagor (the 
 receipt whereof is hereby acknowledged), the said mort- 
 gagor doth grant, assign, and mortgage unto the said 
 mortgagee, his executors, auministrators, and assigns, all 
 the said above described parcel of land and premises 
 comprised in and demised by the said hereinbefore in 
 part recited lease, together with the said indenture of 
 lease, and all benefit and advantage to be derived there- 
 from : 
 
 To have and to hold the same unto the said 
 mortgagee, his executors, administrators, and assigns, 
 from henceforth for and during all the residue of the 
 
 said term of years granted by the said lease, and for 
 
 ail other the estate, term, right of renewal (if any), and 
 other the interest of the said mortgagor therein or thereto, 
 subject to the payment of the rent and the observance 
 and performance of the lessee's covenants and agree- 
 ments in the said indenture of lease reserved and con- 
 tained. 
 
 Provided this mortgage to be void on payment of 
 [amount of principal money'] of lawful money of Canada, 
 
 f- i 
 
 it I 
 
338 
 
 MORTGAGES, 
 
 with interest at per cent, as follows , and taxes 
 
 and performance of statute labour. 
 
 The said mortgagor covenants with the said mortgagee 
 that the mortgagor will pay the mortgage money and 
 interest, and observe the above proviso. 
 
 And that the said in part recited lease is good, valid, 
 and subsisting, and not surrendered, forfeited, or become 
 void or voidable ; and that the rent and covenants 
 therein reserved and contained have been duly paid and 
 performed up to the day of the date hereof. 
 
 And that the mortgagor has the right to convey and 
 assign the said lands to the said mortgagee. And that 
 on default the mortgagee shall have quiet possession of 
 the said lands free from all incumbrances. And that 
 the said mortgagor will execute such further assurances 
 of the said lands as may be requisite. And that the 
 said mortgagor has dor j no act to encumber the said 
 lands. 
 
 And that the said mortgagor will, until default in pay 
 ment of the said principal money or interest, pay and 
 perform the rents and covenants reserved and contained 
 in said lease, and that the said mortgagor will insure the 
 buildings upon the said lands to the amount of not less 
 
 than currency. And the said mortgagor doth release 
 
 to the said mortgagee all his claims upon the said lands 
 subject to the said proviso. 
 
 Provided that the said mortgagee, in default of pay- 
 ment for months, may on notice enter on and 
 
 lease or sell the said lands. Provided that the mot 
 gagee may distrain for arrears of interest ; provided th 
 in default of payment of the interest hereby securetl 
 
 :l 
 
 j .k 
 
MORTCAr.F, OF I.F.r.ACV. 
 
 339 
 
 lortgagec 
 )ney and 
 
 od, valid, 
 
 ir become 
 
 covenants 
 
 paid and 
 
 anvey and 
 
 And thiU 
 ssession of 
 
 And thai 
 
 assurances 
 
 ^d that the 
 
 ^er the said 
 
 ault in pay 
 1st, pay and 
 contained 
 [l insure the 
 of not less 
 toth release 
 said lands 
 
 Ifault of pay- 
 ^ter on and 
 It the mov 
 Irovided th; 
 sby secured 
 
 the principal hereby secured shall become payable; 
 provided that until default of payment the mortgagor 
 shall have (luiet possession of the said lands. 
 In witness, etc. 
 
 SlC.NKl), SFALKD, CtC. 
 
 MORTC.ACIE OF A LEGACY. 
 
 This Indknture made the day of , i8 — , 
 
 Between of , hereinafter called the mortgagor, 
 
 of the first part, and of , hereinafter called the 
 
 mortgagee, of the second part. 
 
 WITNESSETH that in consideration of dollars, now 
 
 paid by the mortgagee to the mortgagor (the receipt 
 whereof is hereby acknowledged), the mortgagor hereby 
 
 assigns unto the mortgagee a certain legacy of 
 
 dollars bequeathed to the mortgagor by the will of , 
 
 late of — — , which will is dated the day of , i8— , 
 
 and was proved in the Surrogate Court of the (bounty of 
 
 on the day of , i8 — , by and , the 
 
 executors thereof. 
 
 To hold the said legacy unto the mortgagee upon 
 trust to receive the same, and out of it to pay, firstly, the 
 expenses attending the payment thereof, including the 
 expenses attending the realizing upon this security, and, 
 
 secondly, to retain the said sum of dollars and the 
 
 '' ' i^ ' 'reon, or so much thereof, if any, as shall then 
 main due, and to pay the surplus, if any, of the said 
 legacy to e mortgagor, 
 
 ^ nd the mortgagor for himself, his executors and 
 a ninistrators, hereby covenants with the mortgagee. 
 
340 
 
 MORTGAGES. 
 
 f f'n: 
 
 :,,,!i 
 
 t i 
 
 his executors, administrators, and assigns, that he will 
 
 on the day of , i8 — , pay the said sum of 
 
 dollars, with interest thereon at the rate of per cent. 
 
 l)er annum, computed from the date hereof, and also 
 that if the amount realized upon the said legacy he 
 insufficient to satisfy the amount hereby secured and 
 iniercst thereon and costs of obtaining payment of said 
 legacy that he will pay all such deficiency. 
 
 And the mortgagor for himself, his executors and 
 administrators, covenants with the mortgagee, his 
 executors, administrators, and assigns, that he has 
 done no act by which the said legacy has been charged 
 
 or encumbered, and that the said legacy of dollars 
 
 still remains unpaid. 
 
 In witness, etc. 
 
 Signed, sealed, etc. 
 
 MORTGAGE OF A MORTGAGE 
 
 By 7vay t[f assi^^nment^ with pnwiso for redemption. 
 
 This Indenture made the day of , 18—, 
 
 Between of the of in the County of , 
 
 , hereinafter called the assignor, of the first part, and 
 
 of the — «— of in the County of , , here- 
 inafter called the assignee, of the second part. 
 
 Whereas by a mortgage dated the day of , 
 
 18 — ^ of did grant and mortgage the land 
 
 and premises therein and hereinafter described to the 
 assignor, his heirs and assigns, upon the terms and con- 
 ditions in the said mortgage contained, and there is now 
 owing upon the said mortgage the said sum of dol 
 
TT'T 
 
 ^ 
 
 MORTGAGE OF A MORTGAGE. 
 
 lars and interest thereon at the rate of- 
 aniium from the day of , i8— . 
 
 341 
 
 -per cent, per 
 
 And wherkas the assignor has applied to the 
 
 assignee for a loan of dollars on the security of the 
 
 said mortgage, which the assignee has agreed to make, 
 iijwn the terms and conditions hereinafter expressed. 
 
 Now THIS INDENTURE WITNESSETH that in considera- 
 tion of the premises and of dollars of lawful money 
 
 of Canada, now paid by the assignee to the assignor (the 
 receipt whereof is hereby acknowledged), the assignor 
 doth hereby assign and set over unto the assignee, his 
 executors, administrators, and assigns, all that the said 
 before in part recited mortgage, and also the said sum 
 
 of dollars now owing as aforesaid, together with all 
 
 moneys that may hereafter become due or owing in 
 respect of said mortgage, and the full benefit of all 
 powers and of all covenants and provisoes contained in 
 said mortgage. And also full power and authority to 
 use the name or names of the assignor, his heirs, 
 executors, administrators, or assigns, for enforcing the 
 performance of the covenants and other matters and 
 things contained in the said mortgage. And the 
 assignor doth hereby grant and convey unto the assignee, 
 his heirs and assigns, all that certain parcel of land, 
 situate, etc. 
 
 To have and to hold the said mortgage and all moneys 
 arising in respect of the same and to accrue thereon, and 
 also the said lands and premises thereby granted and 
 mortgaged to the use of the assignee, his heirs, execu- 
 tors, administrators, and assigns, absolutely, forever, but 
 subject to the terms contained in such mortgage. 
 
 j| ' 
 
 15 
 III 
 
 I 
 
 ( ;' S. i 
 
342 
 
 MORTGAGES. 
 
 l'^l-\ 
 
 1 1 I 
 
 Provided that if the assignor shall pay to the assignee, 
 
 his executors, administrators, or assigns, the sum of 
 
 dollars on the day of , i8 — , together with 
 
 interest thereon at the rate of per cent, per annum 
 
 till the said sum is fully paid, then the assignee, his 
 executors, administrators, or assigns, shall, at the request 
 and cost of the assignor, reassign the said mortgage to 
 the assignor. 
 
 And the assignor for himself, his heirs, executors, 
 administrators, and assigns, doth hereby covenant with 
 the assignee, his heirs, executors, administrators, and 
 
 assigns, that he will pay the said sum of dollars on 
 
 the -day of , i8 — , together with interest at the 
 
 rate of per cent, per annum as well after as before 
 
 the maturity of this mortgage until the said sum is fully 
 
 paid, the said interest to become due and be paid on , 
 
 the first payment of interest to be n^.ade on , com- 
 puted from the date hereof ; and that the said mortgage 
 hereby assigned is a good and valid security ; and that 
 
 the said sum of dollars is now owing under and by 
 
 virtue of the said mortgage. 
 
 And that he has not done or permitted any act, 
 matter, or thing whereby the said mortgage has been 
 released or discharged, either partly or in entirety, and 
 that he will, upon request, do, perform, and execute 
 every act necessary to enforce the full performance of 
 the covenants and other matters contained therein. 
 
 And the assignor hereby constitutes and appoints the 
 assignee, his executors, administrators, and assigns, his 
 attorney in his name to sue for and recover all or any 
 portions of the moneys in and by the said mortgage 
 
MORTGAGE OF A MORTGAGE. 
 
 343 
 
 issignee, 
 
 lof 
 
 ler with 
 r annum 
 jnee, his 
 e request 
 >rtgage to 
 
 executors, 
 nant with 
 itors, and 
 dollars on 
 est at the 
 as before 
 m is fully 
 
 id on , 
 
 — , com- 
 
 i mortgage 
 
 ; and that 
 
 ier and hy 
 
 secured, and as hereinafter provided to exercise all powers 
 in the said mortgage contained, and on payment of the 
 said recited mortgage in full authorizes the assignee, 
 his executors, administrators, and assigns, to execute a 
 discharge of said recited mortgage so assigned without 
 the consent of him, the assignor, and he hereby declares 
 that any discharge executed by the assignee, his execu- 
 tors, administrators, or assigns, upon payment to him or 
 them in full of said recited mortgage, shall be as valid 
 and binding as if the assignor had executed the same. 
 
 Provided it shall not be incumbent upon the assignee 
 to sue for or require payment of the moneys secured by 
 the said recited mortgage, or any part thereof, unless he 
 shall think fit so to do, nor shall he be responsible for 
 any loss which may arise by reason of his omission to 
 enforce or delay in enforcing any of the said securities 
 for the said moneys. 
 
 Provided that the assignee, his heirs, executors, admin- 
 istrators, and assigns, on default of payment for [two] 
 
 months may, on giving notice to the assignor, his 
 
 heirs, executors, administrators, or assigns, absolutely sell, 
 assign, and convey the said in part recited mortgage, 
 and all the interest of the assignor in the said mortgaged 
 premises, and also the mortgage debt < signed hereby, 
 citiier for cash or credit or partly for cash, and either by 
 public auction or private contract ; and as such attorney 
 of the assignor as aforesaid, or otherwise, may exercise 
 the power of sale or other powers in said above recited 
 mortgage, and on sale of said lands may make proper 
 conveyances thereof, and apply the proceeds from such 
 sale in the first place in payment of the money due 
 hereupon for interest and costs. 
 
 ■^ i; 
 
 1 1 
 
"W" 
 
 *H 
 
 ! J 
 
 344 
 
 MORTGAGES. 
 
 Provided that on default of payment for [three] 
 months the above powers may be exercised without 
 giving any notice. 
 
 Provided that in default of the payment of the interest 
 or any other money hereby secured the principal hereby 
 secured shall become payable. 
 
 In witness, etc. 
 
 Signed, sealed, etc. 
 
 H 
 
 !i 
 
 MORTOACIE 
 To secure cndorsetnent of pro)nissory note. 
 This lNr)ENruKK made the day of , i8- 
 
 in 
 
 pursuance of the Act respecting Short Forms of Mori 
 
 gages. Between ot ihe of in the County of 
 
 , , hereinafter called the mortgagor, of the fust 
 
 — of the of in the County of , , 
 
 l>art; - 
 
 hereinafter called the mortgagee, of the second part 
 
 [and , wife of the mortgagor, of the third part]. 
 
 Whereas the mortgagee, on the security of thisc 
 presents, has endorsed the promissory note of the mort 
 
 gagor for the sum of dollars, which note is dated the 
 
 day of , 1 8 — -^ and is payable months after 
 
 date at . 
 
 And whereas the mortgagor has agreed to execute 
 these presents for the purpose of indemnifying the mort- 
 gagee from the payment of the said note and any part 
 thereof, or of any note that m^y hereafter be given by 
 way of renewal of the said note or of any interest 
 due thereon. 
 
ww^^- 
 
 Mortgage to secure endorsement. 
 
 34S 
 
 ^e interest 
 lal hereby 
 
 otc. 
 
 -, 1 8--, in 
 IS of Mori 
 County of 
 . of the first 
 
 [second piut 
 
 part]. 
 ity of these 
 )f the mort- 
 is dated the 
 nonths after 
 
 to execute 
 Ing the mort- 
 lid any part 
 Ibe given by 
 lany interest 
 
 Now this indenture witnesseth that in considera- 
 tion of the premises and of one dollar of lawful money 
 of Canada, now paid by the mortgagee to the mortgagor 
 (the receipt whereof is hereby acknowledged), the mort- 
 gagor doth grant and mortgage unto the mortgagee, his 
 heirs, executors, administrators, and assigns forever, all 
 that certain parcel of land, situate, etc. 
 
 [And the said , wife of the mortgagor, hereby bars 
 
 her dower in the said lands.] 
 
 Provided this mortgage to be void on payment of the 
 amount of principal of lawful money of Canada, with in- 
 terest at the rate of per cent., as follows, namely : the 
 
 amount of the said promissory note or any renewal there- 
 of with interest thereon at the rate aforesaid, and any 
 loss, costs, damages, or expenses which may be incurred 
 ill respect thereof, and the production of these presents 
 shall be conclusive evidence of default having been 
 made in payment of the said note or any renewal thereof, 
 and taxes and performance of statute labour. 
 
 Provided that this mortgage is taken as collateral 
 security only for the due payment of the said note and 
 of any note or notes that may at any time be accepted 
 by the mortgagee in renewal of or substitution for said 
 note, and that none of the rights or remedies of the 
 holder of the said note or notes shall be merged in or 
 prejudiced in any way by the acceptance of these presents 
 as a collateral security therefor. 
 
 And the mortgagor covenants with the mortgagee that 
 he will pay the mortgage money and interest and observe 
 the above provisoes. 
 
 That the mortgagor has a good title in fee simple to 
 
 .■ 1 
 
m 
 
 346 
 
 MORTGAGES. 
 
 the said lands. And that he has the right to convey the 
 said lands to the mortgagee. And that on default the 
 mortgagee shall have quiet possession of the said lands 
 free from all incumbrances. And that the mortgagor 
 will execute such further assurances of the said lands as 
 may be requisite. And that the mortgagor has done no 
 act to incumber the said lands. And that the mort- 
 gagor will insure the buildings on the said lands to the 
 amount of not less than currency. 
 
 And the mortgagor doth release to the mortgagee all 
 his claims upon the said lands, subject to the said pro- 
 viso. 
 
 Provided that the mortgagee on default of payment 
 
 for months may, on notice, enter on and lease 
 
 or sell the said lands. Provided that the mortgagee may 
 distrain for arrears of interest. 
 
 Provided that in default of the payment of the interest 
 hereby secured the principal hereby secured shall 
 become payable. Provided that, until default of pay 
 ment, the mortgagor shall have quiet possession of the 
 said lands. 
 
 Provided that on default in payment of the said note 
 
 or any renewal thereof interest at the rate of per 
 
 cent, per annum shall be charged on the amount of the 
 note so in default from the date of such default, and 
 such interest shall be collectable under the power of 
 sale hereinbefore given. 
 
 In witness, etc. 
 
 Signed, sealed, etc. 
 
AGREEMENT EXTENDING MORTGAGE. 
 
 347 
 
 AGREEMENT EXTENDING MORTGACIE 
 
 Between the original mortgagor and mortgagee. 
 Agreement made the day of ,18 — 
 
 BktweeN' of the of in the County of , 
 
 , hereinafter called the mortgagor, of the first part, 
 
 and of the of in the County of , , 
 
 hereinafter called the mortgagee, of the second part. 
 
 Whereas the mortgagor by indenture of mortgage 
 
 dated the day of , 18—, and registered in the 
 
 Registry Ofifice for the of as No. — — for , did 
 
 grant and mortgage to the mortgagee all that certain 
 parcel of land, situate, etc. 
 
 And whereas the mortgagor has requested the mort- 
 gagee to extend the time of payment of the principal 
 money secured by the said mortgage, which the mort- 
 gagee has agreed to do in consideration of the cove- 
 nants of the mortgagor herein contained. 
 
 Now therefore in consideration of the premises it 
 is hereby agreed by and between the parties hereto that 
 the repayment clause of the said mortgage shall be 
 altered to read as follows : 
 
 " Provided this mortgage to be void on payment of 
 
 the principal sum of dollars in gold or its equivalent, 
 
 with interest to be paid in gold, as aforesaid, at per 
 
 cent, per annum as follows, that is to say : the said prin- 
 cipal sum on the day of , 18 — , and the interest 
 
 thereon at the rate aforesaid as well after as before 
 maturity by [half-yearly] payments of interest, to be 
 
 made on the days of and in each and every 
 
 year until the whole of the said principal sum, with 
 
 ■■ I1 
 
 l^ 
 
 ni *■ 
 
 H 
 ii 
 
 I'l 
 
 \i \ 
 
 %% 
 
 •>1 
 
 II 
 
 i 
 
348 
 
 MORTGAGES. 
 
 I <l 
 
 interest thereon at the rate aforesaid, shall be fully paid. 
 The first of such [half-yearly] payments of interest to 
 
 be made on the day of , i8 — ; and taxes and 
 
 performance of statute labour." 
 
 And the mortgagor, for himself, his heirs, executors, 
 and administrators, hereby covenants with the mort- 
 gagee, his heirs, executors, administrators, and assigns, 
 
 that he will pay the said principal sum of- dollars 
 
 and interest thereon as above provided, and all other 
 the moneys secured or intended to be secured by the 
 said mortgage. 
 
 And this agreement shall from the date hereof, and, 
 without prejudice to the present state of the mortgage 
 account, be read and construed along with the said 
 mortgage and treated as a part thereof, and for such 
 purpose and so far as may be necessary to effectuate the 
 intent of these presents the said mortgage shall he 
 regarded as being hereby amended, and the said mort 
 gage as so amended, together with all the covenants 
 and provisions thereof, shall be and continue to be in 
 full force and effect. 
 
 And it is further agreed that nothing herein con- 
 tained shall in any way affect the rights of the mort- 
 gagee as against any surety for the said mortgage dcht 
 or any part thereof. 
 
 In witness, etc. 
 
 Signed, sealed, etc. 
 
AGREEMENT EXTENDING MORTGAGE. 
 
 349 
 
 executors, 
 
 the morl- 
 
 id assigns, 
 
 dollars 
 
 d all other 
 ired by the 
 
 Iherein con- 
 )f the inort- 
 )rtgage deht 
 
 AGREEMENT EXTENDING MORTGAGE 
 
 Between a purchaser from the mortgagor and an assignee 
 
 of the mortgagee. 
 
 This Agreement made the day of , i8— , 
 
 Bktween of the of in the County of , 
 
 , of the first part, and of the of in the 
 
 County of , , of the second part. 
 
 WiiKKEAS by indenture of mortgage dated the day 
 
 uf , 1 8 — , and registered in the Registry Office for 
 
 the of on the day of , i8 — , as No , 
 
 one A.B. of did grant and mortgage to C.I), of , 
 
 his heirs, executors, administrators, and assigns, certain 
 
 lands in the of , and being composed of , to 
 
 -dollars, payable in the manner 
 
 secure the sum of- 
 therein set forth. 
 
 And whereas by an indenture dated the day of 
 
 , 18 — , the said C.I), did assign the said mortgage, 
 
 ti);j;clher with the lands thereby conveyed and the 
 moneys thereby secured, to the party of the second part. 
 
 And whereas there is now owing upon and secured 
 by the said mortgage for principal money the sum of 
 
 dollars and interest thereon from the day of 
 
 , 18^ — , at the rate of per centum per annum. 
 
 And whereas the party of the first part has pur- 
 chased the said lands from the said A.B., and alleges 
 ihat he is now the owner in fee simple of the said lands 
 subject to the said mortgage, and has assumed payment 
 of the said mortgage debt, and has agreed with the party 
 of the second part to pay off" the same. 
 
 :it 
 
 .-'J. 
 
350 
 
 MORTGAGES. 
 
 ill 
 
 '! !■ 
 
 ; fi 
 
 A\n WHKREAs the party of the first part has requested 
 the party of the second part to extend the time for the 
 payment of the said moneys, which the party of the 
 second part agrees to do in consideration of the cove- 
 nants of the party of the first part herein contained. 
 
 Now thkri:fork in consideration of the premises it 
 is herel)y agreed by and between the parties hereto that 
 
 the said principal sum of dollars shall become due 
 
 and be paid as follows : The said principal sum in 
 
 years from the day of , i8 — , with interest 
 
 thereon at the rate of per centum per annum, as 
 
 well after as before maturity, payable [half yearly] on 
 
 the days of and in each year until the said 
 
 principal sum is fully paid and satisfied, the first payment 
 to be made on the day of , i8 — . 
 
 And the party of the first part for himself, his heirs, 
 executors, and administrators, covenants with the party 
 of the second part, his heirs, executors, administrators, 
 and assigns, that he will pay the said principal moneys 
 and interest in the manner above set forth. 
 
 \If re<]uired^ add: And the party of the first part 
 hereby waives all rights of prepayment in the said mort 
 gage contained.] 
 
 And it is hereby agreed between the parties hereto 
 that this agreement shall from the date hereof \or from 
 the day of ], and without prejudice to the pres- 
 ent state of the mortgage account, be read and con- 
 strued along with the said mortgage, and be treated as a 
 part thereof, and for such purpose, and so far as may he 
 necessary to effectuate these presents, the said mortgage 
 shall be regarded as being hereby amended, and the 
 
ASSENT OF SUBSRQURNT MORTGAOF.K. 
 
 35* 
 
 said mortgage as so amended, together with all the 
 covenants and provisions thereof, shall be and continue 
 to be in full force, virtue, and effect. 
 
 Provided that nothing herein contained shall in any 
 way affect or prejudice the rights of the party of the 
 second part as against the said mortgagor A.B., his heirs, 
 executors, administrators, or assigns, or as against any 
 surety for the payment of the said mortgage debt or any 
 part thereof, or any other liability under the said mort- 
 gage. 
 
 Provided that nothing herein contained shall affect 
 the charge of the party of the second part on the said 
 lands under the said mortgage, and that on default in 
 payment of the moneys hereby secured, or any part 
 thereof, these presents shall, at the option of the party 
 of the second part, be null and void, and the said mort- 
 gage, with all its terms and conditions unaltered, be and 
 remain in full force and effect. 
 
 In witness, etc. 
 
 Signed, sealed, etc. 
 
 1 
 
 ill 
 
 ASSENT OF SUBSEQUENT MORTGAGEE 
 
 To extension of prior mortgage. 
 
 Whereas I am the holder of a second \or third, 
 
 etc^ mortgage upon the premises within described or 
 referred to, in consideration of one dollar of lawful 
 money of Canada now paid to me (the receipt whereof I 
 hereby acknowledge), and in consideration also of the 
 within written agreement for extension, I do hereby 
 
 :|^ 
 
 Sil^ 
 
p-^ 
 
 352 
 
 MORTCACES. 
 
 ii Vi 
 
 S 
 
 't ■ 
 
 ! V 
 
 assent to the same, and agree not to tender payment of 
 the mortgage money therein mentioned until after the 
 expiration of the time agreed upon in the said agreement 
 for extension. 
 
 Datkd this day of , 18—. 
 
 VVlTNKSS : 
 
 ) 
 
 AGREEMENT POSTPONING MORTGAGE. 
 
 IVhere a prior mort^i:;agee postpones /lis m()rfi:;a^i:;c to that of 
 a subsequent mort\:,ai^ee. 
 
 This Ini)p:nture made the day of , 18—, 
 
 Betwekn C.l). [prior /nortji^aj^ee] of 
 
 -, hereinafter 
 
 called the grantor, of the first part, and E.F. of , 
 
 hereinafter called the grantee, of the second part. 
 
 Whereas under and by virtue of an indenture of 
 
 mortgage made between A.B. of , of the first part, 
 
 and the grantee, of the second part, which mortgage- 
 bears date the day of , 18 — , and was registered 
 
 in the Regi'-.try Office for the of on the day 
 
 of , 1 8 — , as No , the grantee is mortgagee of all 
 
 that certain parcel of land, situate, etc., for securing pay 
 
 ment of the sum of dollars and interest as is therein 
 
 set forth. 
 
 And whereas under and by virtue of an indenture of 
 mortgage made between the said A.B., of the first part, 
 and the grantor, of the second part, which mortgage 
 
 bears date the day of , 18 — ,and was registered in 
 
 the Registry Office for the of on the day of 
 
 , 18 — , as No. , the grantor is mortgagee of the 
 
 land hereinbefore described for securing payment of the 
 
AGRKEMENT POSTPONING NFORTGAGE. 
 
 353 
 
 ^nienl of 
 after the 
 greenient 
 
 -, together with interest, as is therein set 
 
 ? to that of 
 
 — , iS— , 
 hereinafter 
 
 F. of , 
 
 part. 
 
 denture of 
 first pari, 
 \ mortgage 
 ; registered 
 
 he day 
 
 gagee of all 
 curing pay 
 is therein 
 
 identure of 
 first part, 
 mortgage 
 
 egistered in 
 —day of 
 
 agee of the 
 
 lent of the 
 
 sum of- 
 forlh. 
 
 And whkkkas the grantee has refused to advance the 
 nioneys whirh are purj)orted to l)e secured by his said in 
 part recited mortgage unless and until he shall, by virtue 
 of said mortgage, become the first encumbrancer upon 
 the said lands, and shall become legal mortgagee thereof 
 in fee. 
 
 And whereas the grantor has agreed to postpone his 
 said in part recited mortgage so that it shall become an 
 encumbrance upon the said land subsequent to that of 
 th(.* grantee's said in part recited mortgage, and has 
 agreed to convey the fee of the said lands to the grantee 
 for the purposes aforesaid. 
 
 Now THIS INDENTURE WITNESSETH that the grantor 
 doth hereby grant unto the grantee, his heirs, executors, 
 administrators, and assigns, all and singular, the lands 
 hereinbefore described. 
 
 To have and to hold the same unto and to the use of 
 the grantee, his heirs, executors, administrators, and 
 assigns forever, subject, however, as to the said lands, 
 to the rights of redemption contained in the grantee's 
 said in part recited mortgage. 
 
 And the grantor doth hereby postpone and defer all 
 his lien, charge, and encumbrance upon the said lands 
 to the lien, charge, and encumbrance which the grantee 
 shall acquire thereon under or by virtue of his said in 
 part recited mortgage, so that the grantee's said charge 
 shall become a prior encumbrance thereon to that of the 
 grantor. 
 
 In WITNESS, etc. 
 
 Signed, sealed, etc. 
 
 13 
 
 ».|l 
 

 354 
 
 MORTGAGES. 
 
 t 
 
 i I 
 
 » n 
 
 ii , t 
 
 To- 
 
 DISTRESS WARRANT 
 /'or interest on a mortgage. 
 -, my bailiff in this behalf. 
 
 I hereby authorize and require you to distrain the grow- 
 ing crops, goods and chattels, of \niortgagor^ in and upon 
 
 the lands and premises situate, etc., for the sum of $ , 
 
 being interest due to me under and by virtue of a certain 
 
 mortgage dated the day of , i8 — , made by the 
 
 said as mortgagor [and his wife for the purpose of 
 
 barring dower] to me upon the said lands and premises, 
 
 according to the following statement, viz.: , and to 
 
 proceed thereon for the recovery of the said interest as 
 the law directs. Bu*^ you are hereby expressly prohibited 
 from distrainin;; any property not liable to seizure under 
 execution, and otherwise legally liable to a distress for 
 interest by way of rent reserved under the said mortgage. 
 
 Datlu this day of , i8 — . 
 
 [^Signature of mortgagee.] 
 
 DISCHARGE OF MORTGAGE. 
 
 (K.S.O., c. 114, Schedule J.) 
 
 Provinck of- 
 
 \ To the Registrar of the of . 
 
 • To Wit : 
 
 I of do certify that has satisfied all money 
 
 due on or to grow due on a certain mortgage made by 
 
 of to , which mortgage bears date the 
 
 day of , A.D. 18 — , and was registered in the Registry 
 
 Office for the of on the day of , A.D. 
 
 18 — , at minutes past o'clock in the noon in 
 
 Liber for- 
 
 as Nc- 
 
 and that such mort- 
 
 \i\ 
 
PARTIAL DISCHARGE OF MORTGAGE. 
 
 355 
 
 gage has not been assigned [or has been assigned by 
 
 indenture of assignment dated the day of , A. D. 
 
 1 8 — , and registered (/icre give partinilars of registra- 
 tion as above)y and that such mortgage has not been 
 further assigned {or as the case may bey\. 
 
 And that I am the person entitled by law to receive 
 the money, and that such mortgage is therefore dis- 
 charged. 
 
 Witness my hand this day of , A.D. i8 — . 
 
 Witness : ) 
 
 Affidavit of execution 
 
 -\ I of the of- 
 
 To Wit : ) of , - 
 
 County of 
 
 -in the County 
 
 , make oath and say 
 
 (i) That I was personally present and did see the 
 within certificate of discharge of mortgage duly signed 
 and executed by , [one] of the parties thereto. 
 
 (2) That the said instrument was executed at the 
 
 of . 
 
 (3) That I know the said party. 
 
 (4) That I am a subscribing witness to the said instru- 
 ment. 
 
 Sworn before me, etc. 
 
 PARTIAL DISCHARGE OF MORTGAGE. 
 
 (R.S.O.,c. 114, Schedule J.) 
 
 Province of — 
 
 -of- 
 
 ,„ „,. > To the Registrar of the- 
 
 lo Wit : j ° 
 
 I of do certify that of has satisfied the 
 
 sum of dollars, part of the moneys mentioned in a 
 
 certain mortgage made by of to 
 
 which 
 
 I? 
 
 V 
 
 
 : 
 
 
 
 
 
 
 
 
 i 
 
 id 
 
 \ i, 
 

 . 
 
 r 
 
 '1 i< 
 
 '1 '^' 
 
 1- 
 
 ! i '! !' 
 
 356 
 
 MORTGAGES. 
 
 mortgage bears date the day of , A.D. 18 — , and 
 
 was registered in the Registry Office for the of on 
 
 the day of , A.D. 18 — , at minutes past 
 
 o'clock in the noon in Liber- 
 
 -for- 
 
 -as No.- 
 
 and that such mortgage has not been assigned [or has 
 
 been assigned by indenture of assignment dated the 
 
 day of , A.D. 18 — , and registered (/tere give particu- 
 lars of registration as above), and that such mortgage has 
 not been further assigned (or as the case may be)]. 
 
 And that I am the person entitled by law to receive 
 the money, and that such part of the lands as is herein 
 particularly described, that is to say . [describe land\ is 
 therefore discharged. 
 
 Witness my hand th' day of , A.D. 18 — . 
 
 V/lTNESS : I 
 
 [For affidavit of execution, see p. JJJ.] 
 
 DISCHARGE OF MORTGAGE 
 
 After sale under execution. 
 (R.S.O., c. 64, 8. 93.) 
 To the Registrar of the County of . 
 
 I, A.B., of- , do certify that CD., of , who has 
 
 become the purchaser of the interest of E.F., of , 
 
 has satisfied all money due upon a certain mortgage 
 
 made by the said E.F. to me, bearing date the day 
 
 of , 18 — , and registered at of the clock in the 
 
 noon of the day of in the year 18 — , and 
 
 that such mortgage is therefore discharged. 
 
 As WITNESS my hand this day of , 18 — . 
 
 E.H. of , ) Witnesses 
 
 G.H. of , f ^^'^"esses. ^^g^ 
 
$ll': 
 
 — , and 
 
 f on 
 
 last 
 
 lo. , 
 
 , [or has 
 
 the 
 
 particu- 
 gage has 
 
 o receive 
 is herein 
 ■ land], is 
 
 D. i8— . 
 
 < 
 
 who has 
 
 ., of » 
 
 mortgage 
 
 day 
 
 ck in the 
 8—, and 
 
 MORTGAGE SALES. 
 
 A.B. 
 
 NOTICE OF SALE. 
 
 /r/ flower in mortgage to sell forthwith — Demand for 
 arrears of interest only. 
 
 To \names of parties entitled to notice]. 
 
 You a lu each and every one of you are herel)y 
 required to take notice that default has been made in 
 payment of the moneys secured by a certain indenture 
 
 of n-.'jngij-;e bearing date the day of , 18—, 
 
 made by — , the mortgagor, of the first part, and , 
 
 the mortgagee, of the second part [and , the wife of 
 
 the said mortgagor, a party thereto for the purpose of 
 l)arring her dower, of the third part], upon the following 
 lands, namely: all that certain parcel of land, situate, etc. 
 
 And as payment has not been made according to the 
 tenor and effect of the proviso for payment contained in 
 the said mortgage, you and each one of you are required 
 to lake notice that the said mortgagee [or other person 
 exercising the power of sale] demands payment of the 
 arrears due upon such mortgage, and that unless pay- 
 nu-nt of the said arrears be made forthwith the said 
 mortgagee will proceed to sell the lands and tenements 
 >n the said indenture of mortgage contained ; and that 
 the same will be offered for sale by public auction at 
 such time and place as the said mortgagee may deem 
 
 \ V 
 
 A>f^*-3i- 
 
358 
 
 MORTGACK SALKS. 
 
 meet, and that when sold the lands and premises will be 
 conveyed unto the purchaser or purchasers thereof. 
 
 And also take notice that in case the said lands and 
 premises be not then sold, the said mortgagee will pro- 
 ceed with or without any consent or concurrence on 
 your part, and without any further notice to you, to 
 enter into possession of the said premises, and to receive 
 and take the rents and profits thereof ; and, whether in 
 or out of possession of the same, to make any lease or 
 leases of the same, as the said mortgagee may see fit ; and 
 to sell and absolutely dispose of the said lands and 
 premises either by public auction or private sale, or 
 partly by auction and partly by private sale, as the said 
 mortgagee may deem proper, and either for cash or upon 
 such terms of credit as he may think proper, and to con- 
 vey and assure the same, when so sold, unto the pur- 
 chaser or purchasers thereof, as he or they shall direct 
 or appoint. 
 
 Dated at the of this day of , i8 — . 
 
 Solicitor for the mortgagee. 
 
 NOT.^CE OF SALE. 
 
 Where no power to sell fort hivith — Demand for principal 
 
 money. 
 
 To \names of parties entitled to notice^ 
 
 I \name if mortgagee or person exercising power of 
 
 sale^ of the of hereby give you notice that I 
 
 demand payment of the sum of dollars and interest 
 
 thereon at the rate of per cent, per annum from the 
 
NOTICE OF SALE. 
 
 359 
 
 will be 
 
 ids and 
 vill pro- 
 :nce on 
 you, to 
 a receive 
 lether in 
 lease or 
 e fit ; and 
 ands and 
 e sale, or 
 5 the said 
 3h or upon 
 ind to con- 
 the pur- 
 all direct 
 
 18— 
 
 )rtgagee. 
 
 \r principal 
 
 \g power of 
 Itice that 1 
 Ind interest 
 from the 
 
 day of , 18 — , due to me, the said , upon a 
 
 certain indenture of mortgage made by to , and 
 
 dated the day of , 18 — , and which mortgage 
 
 was registered in the Registry Office for the County of 
 
 on the day of , 18 — , for securing the 
 
 payment of dollars and interest thereon as therein 
 
 mentioned on the following property, namely : all that 
 certain parcel of land, situate, etc. 
 
 And take notice that unless payment of the said mort- 
 gage money, interest, and costs be made within [time 
 required by tnortgage\ from the time of your being served 
 
 herewith, I, the said , will proceed with or without 
 
 any consent or concurrence on your part, and without 
 any further notice to you, to enter into possession of the 
 said premises, and to receive and take the rents and 
 profits thereof ; and, whether in or out of possession of 
 the same, to make a lease or leases of the same, as I, 
 
 the said , shall see fit ; and to sell and absolutely 
 
 dispose of the said lands and premises either by auction 
 or private sale, or partly by auction and partly by 
 
 private sale, as I, the said , may deem proper, 
 
 either for cash or upon such terms of credit as I may 
 think proper, and to convey and assure the same, when 
 so sold, unto the purchaser or purchasers thereof, as he 
 or they shall direct or appoint. 
 
 Dated at this day of , 18 — . 
 
 \To be signed by person exercising po7ver of sale ; or the 
 notice may be given and signed by the so licit or ^ as in pre- 
 vious form. ^ 
 
■ n 
 
 i '■! 
 
 ' 
 
 4 
 
 360 
 
 MORTGAGE SALES. 
 
 ENDORSEMENT OF SERVICE 
 
 0/ tiotice of sale. 
 
 Skrvicd a true copy of this notice on personally 
 
 at on the day of , 18—. 
 
 Or sp:rved a true copy of this notice on by Icav- 
 
 ii>g the same at his usual \()r last known] place of resi 
 
 dence within this Province, being , on the day 
 
 of , 18 — \(}r as the facts may bc\. 
 
 DECLARATION OF SERVICE 
 
 Of notice of sale. 
 
 In the matticr of the sale of the lands descril)ed in 
 the notice of sale hereto annexed under powers of sale 
 in a mortgage made by to . 
 
 County of ^ I of the of in the 
 
 -, , do solemnly 
 
 County of , — 
 
 To Wit: j declare: 
 
 (i) That I did on the day of , 18—, [person- 
 ally] serve with a true coi)y of the notice of exer- 
 cising power of sale hereto annexed by delivering 
 such copy to and leaving the same with him \or with a 
 grown-up person lesiding on the i)remises mentioned in 
 the said notice, or as the case may be\. 
 
 (2) That to effect such service I necessarily travelled 
 miles. 
 
 And I make this solemn declaration conscientiously 
 believing it to be true, and knowing that it is of the 
 same force and effect as if made under oath and by 
 virtue of The Canada Evidence Act, 1893. 
 
 Declared before me, etc. 
 
DECLARATION OF POSTING UP BILLS. 361 
 
 DECLARATION OF PUBLICATION OF 
 ADVERTISEMENT. 
 
 In the matter of the sale of the lands described 
 in the advertisement hereto annexed under powers of 
 
 sale in a mortgage made by to . 
 
 County of ^ I of the of in the 
 
 -, , do solemnly 
 
 To Wit : 
 
 1 
 
 County of- 
 I declare : 
 
 That I have searched through the files of a news- 
 
 pajjer called the '* ," published in the County of 
 
 , and find that the advertisement, a true copy of 
 
 which is hereto annexed and marked " A," was pub- 
 lished in the issues of such paper on the following dates, 
 namely : . 
 
 And I make this solemn declaration conscientiously 
 believing it to be true, and knowing that it is of the 
 same force and effect as if made under oath and by 
 virtue of The Canada Evidence Act, 1893. 
 
 Declared before mc, etc. 
 
 DECLARATION OF POSTING UP BILLS. 
 
 In the matter of the sale of the lands described in 
 the notice of sale hereto annexed under powers of sale 
 
 in a mortgage made by to . 
 
 County of ^ I of the of in the 
 
 !- County of , [Bill Poster], do sol- 
 
 To Wit : j emnly declare : 
 
 iii'i 
 
 U 
 
 ^.li 
 
 iM 
 
362 
 
 MORTGAGE SALES. 
 
 
 1. 1 
 
 (r) That I did post up conspicuously copies of the 
 advertisement of sale hereto annexed, to the number, 
 at the places, and on the days set out in the schedule 
 hereunder : 
 
 Number posted 
 
 Places where posted. 
 
 (2) That the said places were, in my opinion, the 
 most advantageous for giving publicity to the sale in 
 this matter. 
 
 And I make this solemn declaration conscientiously 
 believing it to be true, and knowing that it is of the 
 same force and effect as if made under oath and by 
 virtue of The Canada Evidence Act, 1893. 
 
 Declared before me, etc. 
 
 :^i % 
 
 iii 
 
 DECLARATION OF AUCTIONEER. 
 
 In the matter of the sale of the property described 
 in the advertisement of sa'e hereto annexed under 
 
 powers of sale in a mortgage made by to . 
 
 County of ] I of the of in the 
 
 > County of , Auctioneer, do sol- 
 
 To Wit : J emnly declare : 
 (i) That at the time and place mentioned in the 
 advertisement of sale hereto annexed marked '* A," and 
 under the conditions of sale hereto annexed marked 
 
ADVERTISEMENT. 
 
 363 
 
 " B," I offered for sale the lands described [as Parcel No. 
 ] in the said advertisement of sale. 
 
 (2) At the said sale the said lands were sold for the 
 sum of $ , as appears from the agreement to pur- 
 chase hereto annexed marked " C." 
 
 (3) The said sum was the highest sum bid for the 
 
 said lands, and \tiatne of purchaser^ whose name is 
 
 subscribed to the said agreement to purchase, was 
 declared by me to be the highest bidder for and became 
 the purchaser of the said lands, at the price of $ . 
 
 \If no bid was made^ insert instead of the two preceding 
 paragraphs : At the said sale no hid was made for the 
 said lands, and I was therefore unable to sell the same.] 
 
 \If the bids made were not sufficient^ say : At the said 
 
 sale the highest bid for the said lands was $ , which 
 
 sum being less than the reserved bid fixed by the 
 vendor in accordance with the said conditions of sale, I 
 was unable to sell the said lands.] 
 
 (4) The said sale was conducted by me in a fair, 
 open, and proper manner, and according to the best of 
 my skill and judgment. 
 
 And I make this solemn declaration conscientiously 
 believing it to be true, and knowing that it is of the 
 same force and effect as if made under oath and by 
 virtue of The Canada FA'idence Act, 1893. 
 
 Declared before me, etc. 
 
 «i 
 
 ?i ■ 
 
364 
 
 MORTCJAGL SALES. 
 
 ADVERTISEMENT 
 
 Of mort}^ij}:;e sale. 
 
 Undkr and by virtue of the powers contained in a 
 ccrliiin mortgage, which will be produced at the time of 
 sale, there will be offered for sale by public auction on 
 
 day, the day of , 18 — , at the hour of 
 
 o'clock in the [fore] noon, at in the [town] of- 
 
 by auctioneer, the following property, namely \give 
 
 short description of property and describe buildings, im- 
 prove men ts, etc. ] . 
 
 Terms per cent, of the purchase money to be 
 
 paid down at the time of sale, balance to be i)aid \state 
 particulars of pay men t\ 
 
 Vox further particulars and conditions of sale apply to 
 
 I 
 
 Daieu at- 
 
 [JVame and address of solicitor.] 
 -the day of , 18 — . 
 
 i '1 
 
NOTARIAL FORMS. 
 
 NOTARIAL CERTIFICATE. 
 Of true copy. 
 
 \ To all to whom these presents 
 / may come, be seen, or known. 
 
 Province of — 
 To Wit : 
 
 I ,a Notary Public for the Province of , by royal 
 
 authority duly appointed, residing at the of in 
 
 the said Province, do certify ai d attest that the paper 
 writing hereto annexed is a true copy of a document 
 
 produced and shown to me, and purporting to be , 
 
 made by , and dated the day of- , i8 — , the 
 
 said copy having been compared by me with the said 
 original document, an act whereof being recjuested I 
 have granted under my notarial form and seal of office 
 to serve and avail as occasion shall or may require. 
 
 A Notary Public. 
 
 NOTARIAL CERTIFICATE. 
 
 Verifying signatures. 
 
 J may come, be seen, or known, 
 -of in the County of — 
 
 Province of "i To all to whom these presents 
 
 To Wit : 
 
 I, A.B., of the of in the County of and 
 
 Province of , a Notary Public for the said Province, 
 
 by royal authority duly appointed, do hereby certify 
 
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 366 
 
 NOTARIAL FORMS. 
 
 that I was personally present on the day of , 
 
 18 — , at the of aforesaid, and did see CD., the 
 
 person named in the paper writing hereto annexed, duly 
 execute, sign, seal, and deliver the same as his act and 
 deed, for the purposes therein mentioned, and that the 
 name of CD. thereto set and subscribed as the party 
 executing the same is of the proper handwriting of the 
 said CD. therein named, and that the name E.F., sub- 
 scribed as the witness thereto, is of the proper hand- 
 writing of E.F., and that the name A.B. is of the 
 proper handwriting of me, this deponent, and that the 
 said CD. and E.F. are personally known to me. 
 
 In TESTiiMONY WHEREOF I have hereto subscribed my 
 name and affixed my seal of office at the day 
 
 of , 18—. 
 
 A.B., 
 
 A Notary Public. 
 
 CERTIFICATE OF NOTARY'S AUTHORITY. 
 
 (Neiv York State Form.) 
 
 State of New York. \ 
 
 City and County of New York./ 
 
 I , clerk of the city and county of New York, 
 
 and also clerk of the Supreme Court for the said city 
 and county, the same being a court of record, do hereby 
 certify that , whose name is subscribed to the certi- 
 ficate of the proof or acknowledgment of the 'annexed 
 instrument and therein written, was, at the time of taking 
 such proof or acknowledgment, a notary public in and 
 for the city and county of New York, dwelling in the 
 said city, commissioned and sworn and duly authorized 
 
MARINE PROTEST. 
 
 367 
 
 to take the same ; and, further, that I am well acquainted 
 with the handwriting of such notary, and verily believe 
 that the signature to the said certificate of proof or 
 acknowledgment is genuine. 
 
 In testimony whereof I have hereunto set my hand 
 and affixed the seal of the said court and county the 
 
 -day of- 
 
 18- 
 
 Clerk. 
 
 MARINE PROTEST. 
 
 Bv public instrument of protest hereinafter contained, 
 be it known and made manifest to all whom it doth or 
 
 shall or may concern, that on the day of , 18 — , 
 
 before me, a Notary Public, by royal authority duly 
 appointed, in and for the Province of Ontario, residing 
 at in the County of in the said Province, per- 
 sonally appeared , master of the [fiame ofvessel\ of 
 
 tons burthen, of the port of , and brought with 
 
 him [mate], on board of the said vessel " ," who 
 
 did severally, duly, and solemnly declare and state as 
 follows, that is to say : 
 
 That these appearers and the rest of the crew of the 
 
 said vessel set sail in her from- 
 
 -on the- 
 
 -day of- 
 
 last, bound on her voyage from thence to- 
 
 laden 
 
 with a cargo of , the vessel being then tight, staunch, 
 
 and strong, well manned, victualled, and sound, and in 
 every respect fit to perform the said intended voyage. 
 
 That \set out narrative by the master and creiv of the 
 particulars of the voyage^ the storms or had weather which 
 the vessel encountered, the accidents which occurred and 
 compelled them, if at an intermediate port, to resort to it, 
 
 I 
 
368 
 
 NOTARIAL FORMS. 
 
 il'l 
 
 H 
 
 and the cfl?iduct which in cases of emergency it was 
 thought proper to pursue\ 
 
 And these appearers, and , further declare that 
 
 on the day of . i8 — , they appeared at the ofificc of 
 
 the said notary and caused their protest to be duly noted. 
 
 And these appearers do protest, and I, the said notary, 
 do also protest against the aforesaid bad weather, gales, 
 storms, accidents, and occurrences, and against all and 
 every matter and thing had and met with as aforesaid, 
 and all loss or damage occasioned thereby. 
 
 We and do solemnly and sincerely declare 
 
 that the foregoing statement is correct and contains a 
 true account of the facts and circumstances. And we 
 make this solemn declaration conscientiously believing 
 it to be true, and knowing that it is of the same force 
 and effect as if made under oath and by virtue of The 
 Canada Evidence Act, 1893. 
 
 Thus declared and protested in due form of law at 
 
 the office of me, the said notary, at , the day and 
 
 year first above written. 
 
 Notarial certificate. 
 of the of , in the County of- 
 
 Notary Public, by royal authority duly appointed, in and 
 for the Province of Ontario, do hereby certify that the 
 foregoing is a true copy of the declaration and protest of 
 
 , master, and , mate \<)r as the case may be\ of 
 
 the vessel " ," taken before me the day of , 
 
 18 — , and now filed in my office. 
 
 In testimony whereof I have hereunto set my hand 
 and affixed my notarial seal this day of , 18 — . 
 
 A Notary Public. 
 
£i n 
 
 NOTICES. 
 
 , 
 
 NOTICE OF ASSIGNMENT OF DEBT. 
 
 From assignee to debtor. 
 
 Take notice that by an agreement in writing dated 
 
 the day of , i8 — , and made between A.B. of 
 
 , of the one part, and myself, of the other part, the 
 
 debt of dollars owing by you to the said A.B. has 
 
 been assigned to me. 
 
 And take notice further that you are hereby required 
 to pay to me, or such person as I may appoint to receive 
 
 the same, the said debt of dollars on or before the 
 
 day of , 1 8 — , and in default thereof i shall 
 
 pursue such remedies as are allowed by law for the 
 recovery of the said debt. 
 
 Dated this day of , i8 — . 
 
 NOTICE OF ASSIGNMENT OF JUDGMENT 
 
 By assignee of judgment^ to debtor. 
 
 Take notice that A.B. of has assigned to me a 
 
 certain judgment recovered by him against you in the 
 
 Court of on the day of , i8 — , for the 
 
 sum of dollars and costs, and I hereby give you 
 
 notice to pay to me all moneys due under the said judg- 
 ment. 
 
 Dated this day of , i8 — . 
 
 ToC:D., Debtor. 
 
 \\ 
 
 
370 
 
 NOTICES. 
 
 :» 1 
 
 NOTICE OF ASSIGNMENT OF JUDGMENT 
 
 By assignee of jud^ment^ to sheriff. 
 
 Take notice that by indenture of assignment dated 
 
 the day of , i8 — , A.B. of has assigned to 
 
 me a certain judgment recovered by him against C.I). 
 
 in the Court of on the day of , i8 — , 
 
 for the sum of dollars and costs, upon which judg- 
 ment writs o*." fieri facias have been issued and placed in 
 your hands. And I hereby give you notice to pay to me 
 all moneys realized under the said execution. 
 
 Dated the day of , i8 — . 
 
 To the Sheriff of . 
 
 i^;J 
 
 NOTICE TO EXECU rOR 
 By assignee of legacy. 
 I hereby give you notice that by an assignment dated 
 
 -day of , 1 8 — , 
 
 -of , a legatee for the 
 
 the- 
 
 sum of dollars bequeathed to him by the will of- 
 
 deceased, and of which will you are executor, has 
 assigned to me his said legacy absolutely \or as collateral 
 
 security for the payment of the sum of- dollars and 
 
 interest at per cent, per annum]. 
 
 And I hereby give you notice and require you to pay 
 the said legacy to me at the time appointed for payment 
 thereof by the said will as aforesaid, together with such 
 interest, if any, as may have accrued thereon up to the 
 time of such payment. 
 
 Dated the day of , i8 — . ' 
 
p^ 
 
 NOTICE TO MORTGAGEE. 
 
 371 
 
 NOTICE TO MORTGAGOR 
 
 By assignee of mortgage. 
 
 I hereby give you notice that a certain mortgage made 
 by you to dated the day of , 18 — , and regis- 
 tered the day of , 18 — , securing the payment of 
 
 dollars and interest, has been assigned to me by 
 
 indenture of assignment dated the day of , 18 — , 
 
 and I hereby require you to pay to me all moneys now 
 due and hereafter to become due upon the said mort- 
 gage. 
 
 Dated at this day of , 18 — . 
 
 To , \ 
 
 Mortgagor. J 
 
 \^J\fortgagee.'\ 
 
 lo- 
 
 NOTICE TO MORTGAGEE 
 
 0/ intention to pay off mortgage, 
 -[mortgagee]. 
 
 I hereby give you notice that at the expiration of 
 
 [months] from the date hereof I shall pay to you, your 
 executors, administrators, or assigns, the principal money 
 and interest due and owing to you by me on the security 
 
 of a certain indenture dated the day of , 18 — , 
 
 made between [me], of the one part, and [you], of the 
 other part. 
 
 Dated this day of , 18 — . 
 
 [Mortgagor.] 
 
 f •■ 
 
 '; 
 
 m 
 
 'If'' 
 
 Hi 
 
 ! ii 
 
372 
 
 NOTICES. 
 
 f I 
 
 NOTICE TO TENANT 
 
 By mortgagee, to pay rent. 
 
 I hereby give you notice that by indenture of mort- 
 gage dated the day of — 
 
 -, 1 8 — , made between 
 A.B., of the first part, and me, of the second part, and 
 
 registered in the Registry Office for the County of 
 
 on the day of , i8 — , the premises now in your 
 
 possession were mortgaged to me, and that under the 
 said indenture the principal money is still due, together 
 with an arrear of interest thereon, and I therefore require 
 you to pay to me, or such person as I may appoint to 
 receive the same, all rent now due and hereafter to 
 accrue due in respect of the said premises until further 
 notice from me, and on no account after the date hereof 
 to pay any rent in respect of the said premises to the 
 said A.B., or to any person or persons other than 
 myself. 
 
 Dated at this day of , 18 — . 
 
 To . 
 
 Tenant. 
 
 } 
 
 \^Mortgagee.'\ 
 
 NOTICE TO TENANT 
 
 By vendor, to pay rent to purchaser. 
 
 I hereby give you notice that of has pur- 
 chased the premises known as , which you hold 
 
 18 — , and I 
 -, or to such 
 
 under a lease dated the day of — 
 
 hereby request you to pay to the said- 
 
 person as he may appoint, all rent and arrears of rent 
 
NOTICE TO TKNANT. 
 
 373 
 
 now due and hereafter to become due from you in 
 respect of the said premises. 
 
 Dated this day of , i8 — . 
 
 To , 1 
 
 Tenant. / 
 
 [Vendor.] 
 
 the 
 
 NOTICE TO TENANT 
 
 /•>y purchaser of premises. 
 
 I hereby give you notice that by an indenture dated 
 —day of , 1 8 — , made between , of the firsl 
 
 part, and me, of the second part, and registered in the 
 
 Registry Office for the County of on the day of 
 
 , 1 8 — , the premises now in your occupation were 
 
 conveyed to me, and I hereby require you to pay to me, 
 or to such person as I may appoint, all rent now due 
 and hereafter to become due by you in respect of the 
 said premises until further notice from me, and to pay 
 no rent whatever in respect of the said premises to any 
 other person, and in default I shall pursue such remedies 
 as are allowed by law for the recovery of the same. 
 
 Dated at this day of , i8 — . 
 
 To . 
 
 Tenant 
 
 . I 
 
 [Purchaser^^ 
 
 NOTICE TO TENANT 
 
 To make repairs. 
 
 I hereby give you notice and require you to put in 
 good and tenantable repair the dwelling house and 
 premises situate at , which you now hold under and 
 
 r 
 
374 
 
 NOTICLS. 
 
 i i 
 
 by virtue of a certain indenture of lease made by me to 
 
 you, dated the day of , i8 — , pursuant to your 
 
 covenant contained in the said lease, and more particu- 
 larly that you \specify repairs re(/uired, in detail\ 
 Dated this day of , i8 — . 
 
 To , ) 
 
 Tenant. / Landlord. 
 
 NOTICE TO LESSEE 
 
 Of intention to determine lease. 
 
 T hereby give you notice that in pursuance of the 
 
 proviso contained in an indenture of lease dated the 
 
 day of , i8 — , made between myself, of the first part, 
 
 and yourself, of the second part, I intend to determine 
 
 the said lease on the day of , i8 — , and I require 
 
 you to deliver up the said premises on or before that 
 day. 
 
 Dated this day of , 18 — . 
 
 To , 
 
 Lessee 
 
 ...} 
 
 Lessor. 
 
 \\i \ 
 
 NOTICE TO VENDOR 
 
 To complete contract. 
 
 I hereby give you notice, and require you to complete 
 
 the contract of [c»r agreement for] sale, dated the day 
 
 of , 18 — , made between you, of the one part, and 
 
 me, of the other part, by which you agreed to sell the 
 premises situate at for the sum of dollars. 
 
NOTICE TO PURCHASKR. 
 
 375 
 
 And I further give you notice that if you fail to carry 
 
 out said contract within days from this date, I sliall 
 
 seek such rehef as I may be entitled to by law. 
 
 Dated this day of , i8 — . 
 
 I'o . \ 
 
 Vendor. ) 
 
 \^Jh{rihaser. ] 
 
 NOTICE TO PURCHASER 
 
 To complete contract. 
 
 I hereby give you notice, and require you to complete 
 
 the contract of \or agreement for] sale, dated the day 
 
 of , 1 8 — , and made between myself, of the one part, 
 
 and yourself, of the other part, by which you agreed to 
 
 purchase the premises situate at for the sum of 
 
 dollars. 
 
 And I further give you notice that if you fail to carry 
 
 out said contract within days from this date, I shall 
 
 seek such relief as I may be entitled to by law. 
 
 Dated this day of , i8 — . 
 
 To , 1 
 
 Purchaser. / 
 
 {Vendor ?\ 
 
pn 
 
 PARTNERSHIP. 
 
 : i. 
 
 DEED OF PARTNERSHIP 
 
 Bctivecn two persons. 
 This Indkntukk made ihe day of- 
 
 i8- 
 
 liKTWF.KN A.B. of \<))ie partncr\ of the one part, and 
 
 CD. of \j>thcr partncr\ of tlie oilier part. 
 
 Whnksseth that the said A.B. and CD. hereby 
 mutually covenant and agree to become and be part 
 
 ners in the trade or business of , upon and subject to 
 
 the terms, conditions, and stipulations ex[)ressed in the 
 following articlej, that is to say : 
 
 Duration of partnership* 
 
 (i) The partnership shall commence on the of 
 
 , 1 8 — , and continue for the term of years from 
 
 that date, unless it shall be previously determined under 
 the provisions hereinafter contained. 
 
 Name of firm. 
 
 (2) The firm and style of the partnership shall be 
 
 " (S: Co.," and neither partner shall enter into any 
 
 engagement on behalf of the firm except in the firm 
 name. 
 
 * If the time for ivhich a partnership is to last is not limited to a 
 definite period, either expressly or hy necessary implication, the part- 
 nership may be dissolved at the will of any partner. 
 
DKLD OF I'AIMNI.RSmi'. 
 
 377 
 
 Pliict' of huiiucss. 
 
 (3) The jjartiicrship business shall he carried on at or 
 
 upon llie premises No , street, in the [town] of 
 
 — —[held by the said A.|{. and C.I), under a lease 
 
 dated the day of- , 18 — , at the yearly rent of 
 
 dollars], or at such other i)lace as shall from time to 
 
 time be agreed on by the said partners. 
 
 Hankers. 
 (4) The bank of the firm shall be the— 
 
 Hank at 
 
 , or such other bank as shall be from tinie to timi 
 
 agreed on. 
 
 Deposit of moneys. 
 
 (5) All moneys which shall from time to time be 
 received for or on account of the partnership, \\ a 
 required fe current expenses, shall be paid immediately 
 into the bank for the time being of the partnership, in 
 the same drafts, cheques, bills, or cash in which the same 
 are received, and all disbursements for or on account of 
 the partnership shall be made by chefjue on such bank. 
 
 Partners may draw cheques and endorse. 
 
 (6) Each of the said partners shall be at liberty to 
 draw cheques in the name of the firm, and shall have 
 the right to sign, endorse, and accept in the name of 
 the firm any bills, notes, cheques, drafts, or other instru- 
 ments, for the purposes of the business of the firm. 
 
 Capital. 
 
 (7) The capital of the firm shall consist of the sum 
 
 of dollars, to be brought in by the partners in equal 
 
 shares \or in the shares or proportions following, namely 
 
 II 
 
 »■ ii 
 
 
 
 
378 
 
 PARTNERSHIJ'. 
 
 ''I ■'' 
 
 ^11 III 
 
 88 II >; 
 
 U4 
 
 {state the shares)], and to be made up as follows, that is 
 to say : the implements and plant now used in the said 
 
 business shall be deemed to be of the value of ■ 
 
 dollars, and to be brought in by the partners in equal 
 shares [or in the shares aforesaid], and the further sum 
 
 of dollars shall be paid to the credit of the firm by 
 
 the said i)artncrs in ecjual shares \j)r in the shares afore- 
 said] immediately after the execution of these presents. 
 
 Increase of capital. 
 
 (8) If, at any time or times hereafter, further capital 
 
 shall be required for carrying on the business, and the 
 
 partners shall determine to increase the capital, the 
 
 additional capital shall be advanced by the partners in 
 
 eijual shares [or in such i)roportion3 as they have 
 
 respectively contributed to the original capital of the 
 
 firm]. 
 
 Ad7'(ifices /)y partners. 
 
 (9) If either partner shall at any time, with the con- 
 sent of the other partner, advance any money to the firm 
 beyond the amount of th_ capital hereby agreed to be 
 brought in by him, or if he shall leave any part of his 
 profits in the business, the same shall be a debt due to 
 him from the firm, and may be withdrawn by him at any 
 time on one calendar month's notice, in writing, and 
 
 shall in the meantime bear interest at the rate of 
 
 per cent, per annum computed from the time of such 
 
 advance. 
 
 Payment to one partner for rent. 
 
 (10) The said [CD.] shall be allowed by the partner- 
 ship the clear yearly sum of dollars by way of rent 
 
\^' 
 
 DEKD OF PARTNERSHIP. 
 
 379 
 
 for the said real estate in street aforesaid, so long as 
 
 the said business shall be carried on therein ; but the 
 said real estate shall continue the sole property of the 
 said [CD.], subject only to be used for the purposes of 
 the partnership business. 
 
 Profits. 
 
 (ii) The profits of the business shall belong to the 
 
 partners in equal shares \or as to parts thereof to 
 
 the said A.B., and as to the remaining part thereof 
 
 to the said CD.]. 
 
 Expenses and losses. 
 
 (12) The rent of the said leasehold premises, or of 
 any other premises where the business shall for the time 
 being be carried on, costs of repairs and alterations, and 
 all taxes, payments for insurance, and other outgoings 
 whatsoever in respect of the same, the wages and sal- 
 aries of all persons employed, and all expenses incurred 
 in or about the said business, and all losses, if any, aris- 
 ing therein, shall be paid and borne out of the earnings 
 of the said business, or, if the same shall be deficient, 
 shall be paid and borne by the partners in equal shares 
 [^^r in the proportions to which they are entitled to the 
 profits of the business]. 
 
 Partners may draw monthly sums. 
 
 (13) Each partner may draw out of the partnership 
 
 uish the monthly sum of dollars on account of his 
 
 share of the profits for the current year ; and if on taking 
 the yearly account it shall nppear that the sums drawn 
 out by him exceed his share of profits for that year, he 
 shall forthwith repay the excess. 
 
 ! if 
 
 IN 
 
 (.■ 
 
38o 
 
 PARTNERSHIP. 
 
 f' 
 
 i i 
 
 Books of account. 
 
 (14) Proper books of account shall be kept by the 
 partners, and entries made therein of all such matters, 
 transactions, and things as are usually written and entered 
 in books of account kept by persons engaged in concerns 
 of a similar nature, and such books, together with all 
 secu-ities, letters, and other things belonging to or con- 
 cerning the said partnership, shall be kept at the office 
 where the partnership business shall for the time being 
 be carried on, and each of the partners shall have free 
 access to inspect, examine, and copy the same, whenever 
 he shall think fit. 
 
 Not to engage in other business. 
 
 (15) Both partners shall devote their whole time and 
 attention to the partnership business, and neither of 
 them shall, either alone or with any other person, either 
 directly or indirectly, be engaged in any other business 
 without the consent in writing of the other partner. 
 [Provided, however, that the said A.B. may continue 
 
 the business at wherein he is now concerned or 
 
 engaged.] Each partner shall be faithful to the other 
 in all partnership transactions, and shall at all times 
 furnish to the other correct accounts and statements of 
 and concerning all such transactions, without any con- 
 cealment or suppression. Neither partner shall employ 
 any money or effects belonging to the firm, or engage its 
 credit except on account of the partnership business, 
 and the bond fide carrying on of the same, or do or suffer 
 anything whereby any such money or effects or his 
 
 ■J 
 
DEED OF PARTNERSHIP. 
 
 381 
 
 2pt by the 
 h matters, 
 ,nd entered 
 n concerns 
 ,er with all 
 
 to or con- 
 t the office 
 
 time being 
 II have free 
 e, whenever 
 
 le time and 
 I neither of 
 jrson, either 
 ler business 
 her partner, 
 ay continue 
 Dncerned or 
 o the other 
 at all times 
 tatements of 
 It any con- 
 hall employ 
 ir engage its 
 |ip business, 
 do or suffer 
 'ects or his 
 
 interest therein may be taken in execution or in any 
 wise assigned, charged, or incumbered for or in respect 
 of his private debts. 
 
 Not to endorse or become surety. 
 
 (16) Neither partner shall, without the consent of the 
 other partner, draw, accept, or sign any bill of exchange 
 or promissory note, or contract any debt on account of 
 the partnership, or employ any of the moneys or effects 
 thereof, or become bail or surety for any person, or in 
 any manner pledge the credit of the partnership excei)t 
 in the usual and regular course of business. And it is 
 hereby agreed by and between the parties hereto that 
 any infraction of this provision shall be a ground for an 
 immediate dissolution of the partnership as regards the 
 partner so offending, and the other partner may forth- 
 with declare the same dissolved by a written notice to 
 the offending partner, left for him at the office of the 
 firm. 
 
 Not to make contracts exceeding a certain atnount. 
 
 (17) No partner shall buy, order, or contract for any 
 
 article exceeding the value of dollars without the 
 
 previous consent in writing of the other partner ; and in 
 case he does so, the other partner shall have the option 
 of taking the goods or articles so be ight, ordered, or 
 contracted for, on b(;half of the partnership, or of 
 leaving the same for the separate use of the partner so 
 buying, ordering, or contract , ;, to be paid for out of 
 his own money. 
 
 i 'i 
 
mmm 
 
 ^ I i 
 
 382 
 
 PARTNERSHIP. 
 
 i ■«! 
 
 i^iil 
 
 No/ to give credit after notice to the contrary. 
 
 (18) Neither partner shall lend any money or deliver 
 on credit any goods belonging to the firm to any person 
 whom the other partner shall by notice in writing have 
 forbidden him to trust, and if either partner shall do so 
 he shall make good to the firm all loss arising thereby. 
 
 Not to compound or discharge debts. 
 
 (19) Neither partner shall, without the consent in 
 writing of the other partner, compound or discharge any 
 debt owing to or claim of the firm without receiving the 
 full amount thereof ; and if either partner do so he shall, 
 if required by the other partner, make good to the firm 
 the full amount of such debt or claim. 
 
 One partner may compound with debtor. 
 
 [Or 19] In the advent of any debtor jf the partner- 
 ship proposing to pay a composition to his creditors 
 generally, each partner may, without consulting the other 
 partner, agree to accept such composition, and execute 
 on behalf of the firm the composition deed and release 
 to such debtor. Each partner is empowered to attend 
 meetings of creditors of debtors of the partnership, vote 
 on all matters which shall be brought up for considera 
 tion at such meetings, including the discharge of the 
 debtor, provided that in no case shall either partner 
 agree to accept a composition or to release a debtor of 
 the partnership if the other partner shall object thereto. 
 
 One partner to be manager at a salary. 
 
 (20) The said [CD.] shall be the manager of the said 
 business, and shall be paid for his services as manager 
 
-ary. 
 
 1 or deliver 
 any person 
 Titing have 
 shall do so 
 ,ng thereby. 
 
 consent in 
 ischarge any 
 eceiving the 
 ) so he shall, 
 i to the firm 
 
 btor. 
 1 
 he partner- 
 
 his creditors 
 hig the other 
 and execute 
 and release 
 ed to attend 
 nership, vote 
 considera 
 barge of the 
 ther partner 
 a debtor of 
 bject thereto. 
 
 ^ary. 
 
 IX of the said 
 
 is as manager 
 
 3r 
 
 DEED OF PARTNER.SHIP. 
 
 ^^2. 
 
 the annual sum of dollars before any division of 
 
 profits is made, in addition to his share of the profits, 
 by eciual cjuarterly payments, the ■ first payment to be 
 made on the day of , i8 — . 
 
 Hiring and discharging clerks and servants. 
 
 (21) Neither partner shall, without the consent of the 
 olhc", hire any clerk or servant for the purposes of the 
 firni, or discharge any clerk or servant in the employ- 
 ment of the firm except for flagrant misconduct. 
 
 Bonds ^ notes ^ etc., to be signed by both partners. 
 
 (22) If there shall be occasion to give any bond, 
 promissory note, bill of exchange, or other security for 
 the payment of any money on account of the partner- 
 ship, except when the giving of such obligation shall, in 
 the common course of business, be unavoidable, the 
 same shall be signed by both partners ; and if either 
 partner shall give such obligation, except in the case 
 aforesaid, the same shall be deemed to be given on his 
 separate account, and shall be payable out of his separate 
 estate, and he shall indemnify the other partner against 
 the payment thereof. 
 
 Trade secrets. 
 
 (23) Neither partner shall, during the continuance of 
 the partnership, nor for years after its determina- 
 tion, by any means without the consent in writing of the 
 other of them or of his executors or administrators, 
 divulge to any per.son not a member of the firm any 
 trade secret, method of manufacture, or special informa- 
 tion employed in or conducive to the partnership busi- 
 
 
 ly 
 
 hi, 
 
 
 iiii 
 
 i! 
 
 ! I ! 
 
 i 
 
 S 
 
it i 
 
 
 n 
 
 Ilil 
 
 
 ]|! 
 
 11 ^ 
 
 'it'i 
 
 iiB^ 
 
 jfl ; 
 
 ! ' ■ 
 
 iff 
 
 11: ' 
 
 
 
 
 
 
 «H' 
 
 
 fl 
 
 If ^ 
 
 
 ;l 
 
 H ^^ 
 
 
 ^k. 
 
 3 \i 
 
 h! 
 
 384 
 
 PARTNERSHIP. 
 
 ness, and which may come to his knowledge in thu 
 course of or by reason of this partnership. 
 
 Partners to pay their private debts. 
 
 (24) I'vach [lartner shall punctually i)ay and discharge 
 his present and future separate debts and engagements, 
 and shall at all times keep indenmified the other part- 
 ner, and the property of the partnership, against the 
 same, and all actions, proceedings, claims, and demands 
 in respect thereof. 
 
 Annua/ accounts. 
 
 (25) On the [3if;t] day of [December] in every year 
 during the continuance of the said [)artnership a general 
 account shall be taken up to the said day of the s^ock 
 in-trade, credits, property and effects, debts and 1' .bill- 
 ties of the said partnership, and every such annual 
 account shall be entered in two books and be signed in 
 each such book by each partner, and after such signa- 
 ture each of them shall keep one of the said Ijooks, and 
 shall be bound by such account, except that if any 
 manifest error be found therein by either partner, and 
 signified to the other within three calendar months after 
 the same shall have been so signed by both of them, 
 such error shall be rectified. Immediately after the 
 signing of such account, each partner may draw out his 
 share of the profits as thereby appearing [subject, how- 
 ever, to the next article]. 
 
 Reserve fund. 
 
 (26) Immediately after taking such annual accouiu, 
 one-tenth part of the profits for the past year shall be 
 
Ige in the 
 
 d dischiugc 
 gagemcnls, 
 other pan- 
 against the 
 id demands 
 
 1 every year 
 lip a general 
 of the s^ock 
 s and V ^n\\- 
 such annual 
 be signed in 
 such signa- 
 l)Ooks, and 
 that if any 
 partner, and 
 months after 
 th of them, 
 ly after the 
 raw out his 
 ubject, how- 
 
 mal accouui, 
 [ear shall be 
 
 DEED or I'ARTNERSHIP. 
 
 3S5 
 
 set apart as a reserve fund to meet future losses and 
 extraordinary expenses, until the reserve fund shall 
 
 amount to dollars. The reserve fund shall be 
 
 invested from time to time in securities agreed on by 
 the partners, and the interest or income arising there- 
 from shall be deemed part of the profits of the said 
 business, and be divided accordingly. If the reserve 
 fund, after having been at its full amount, shall be 
 diminished, one-tenth part of the annual profits shall 
 again be added thereto until it reaches its full amount, 
 and so on from time to time as occasion may require. 
 
 Pro7nsiofis for the admission of sons. 
 
 (27) Either partner may at any time nominate a son, 
 being of the age of twenty-one years, to succeed to his 
 share in the partnership and the capital and future 
 profits thereof; and upon signing a proper deed or 
 deeds respecting the admission of a new partner, every 
 such son shall be and become a partner in the partner- 
 ship concern in the room and in respect of the share 
 and interest of his father therein, and be entitled 
 thereto upon the same terms and conditions, and under 
 and subject to the same advantages, regulations, and 
 agreements, in all respects and in the same manner as 
 the father would have been entitled to if he had remained 
 a partner in respect thereof, or as near thereto as the 
 difference of circumstances will permit. 
 
 Power to determine partnership by notice. 
 
 (28) If at any time after the day of , 18 — , 
 
 either partner shall be desirous of retiring from the part- 
 nership, he shall be at liberty to give to the other 
 
 13 ' 
 
 
 
 • 
 
 m 
 
 kit I 
 
 i|l 
 
 1: > 
 
 '1 
 
 it^ ii 
 
 i i' 
 
(•^ 
 
 [it . : 
 
 ! 'i:l 
 
 386 
 
 PARTNERSHIP. 
 
 partner, or to leave for him at the place where the busi- 
 ness shall for the time being be carried on, notice in 
 writing of such his desire, and of his intention to deter- 
 mine the partnership so far as he is concerned; and the 
 
 partnership shall at the expiration of months, after the 
 
 giving or leaving of such notice, determine accordingly. 
 
 Partnership determinable if no projits. 
 
 (29) If, upon taking any such annual account as afore- 
 said, it shall appear that the partnership business has nut 
 been carried on during the then preceding year so as to 
 produce profit, after allowing to each partner interest at 
 
 the rate of- per cent, per annum on the amount of his 
 
 capital for the time being in the said business, it shall be 
 lawful for either partner, at any time within one calendar 
 month from the time of the taking such account, to give 
 a not' :e in writing to the other partner of his desire 
 that the said partnership shall determine, or to leave 
 such notice at the place where the partnership busi- 
 ness shall for the time being be carried on, and in such 
 case the partnership shall cease and determine imme- 
 diately upon the giving or leaving of such notice. 
 
 Partner not to assign his sliare. 
 
 (30) Neither partner shall, without the previous con- 
 sent in writing of the other partner, assign his share or 
 interest in the partnership. 
 
 Partner may sell share, giving other partner the option oj 
 
 purchase. 
 
 (31) If either partner desire to sell his share of interest 
 in the business he shall be at liberty to do so, and shall 
 
DKED OF PARTNERSHIP. 
 
 387 
 
 in such case first offer such share and interest to the 
 other partner for the time being at a price to be named 
 by the seUing partner ; and if the other partner shall not 
 within one calendar month accept such offer, then the 
 selling partner shall be at liberty to sell his share and 
 interest to any other person or persons at the same or a 
 higher price, but shall not sell the same to any other 
 person at a less price, unless and until it shall have been 
 offered to the other partner for the time being at such 
 less price, and such last-mentioned otter shall not have 
 been accepted within one calendar month. 
 
 On partner retiring, other partner may purchase share. 
 
 [Or 31] Either partner may retire from the firm at the 
 end of any year of the partnership term upon giving to 
 the other partner, or leaving at the place where ^he busi- 
 ness is then carried on, calendar months' previous 
 
 notice in writing in that behalf In such case the other 
 partner shall be at liberty to purchase the share of the 
 retiring partner in the property of the firm upon giving 
 to him or leaving at the said place of business a notice 
 in writing to that effect at any time before the determina- 
 tion of the partnership by reason of the first-mentioned 
 notice. 
 
 Retiring partner not to carry on />usiness. 
 
 (32) In the event of any of the said partners retiring 
 as aforesaid, he shall not during the remainder of the 
 term of the said partnership carry on or engage or be 
 interested, directly or indirectly, in any other business 
 competing or interfering with the business of the said 
 firm. 
 
 I 
 
 f 5l 
 
'f' 
 
 ■ 
 
 mi 
 
 II 
 
 ^i 
 
 ;f li 
 
 1 1 
 
 ( 
 
 \,u\ 
 
 11 
 
 J 
 
 1: If 
 
 ; M 
 
 II 
 
 J 
 
 ' 
 
 ^ •: 
 
 
 f. 
 
 
 '' 
 
 
 ■|t 
 
 1 ' 
 
 : 1 
 
 
 i' ;. i 
 
 s 
 
 
 1 : 
 
 1 
 
 i : 
 
 1 
 
 1 
 
 388 
 
 PARTXERSHIP. 
 
 On death or bankruptcy cither partner may purchase 
 
 share. 
 
 (33) If either partner die or become bankrupt during 
 partnership term, the other partner shall be at liberty to 
 purchase the share of the deceased or bankrupt partner 
 in the partnership nrnperty upon giving to his legal per- 
 sonal representative or trustee (as the case may recjuiro) 
 
 a notice in writing to that effect at any time within 
 
 calendar months from the death or bankruptcy, such 
 purchase to take effect as from the day of such death or 
 bankruptcy. 
 
 Power to expel partner and purchase his share. 
 
 (34) If either partner shall commit a wilful breach of 
 these articles, or act contrary to the good faith which 
 ought to be observed between partners, or shall become 
 incapable by reason of lunacy or otherwise to take his 
 part in the management of the partnership business, 
 then and in either of such cases the other partner may 
 by a notice in writing given to him, or (if he shall he 
 found lunatic by inquisition) to his committee, expel 
 him from the partnership as from the date of such 
 notice ; but so that if the expulsion shall be on account 
 of a breach of duty, the notice shall be given within one 
 calendar month after the discovery thereof. And if any 
 question shall arise whether a case has happened to 
 authorize the exercise of this power, such question shall 
 be referred to arbitration under the provision in that 
 behalf hereinafter contained. The partner giving such 
 notice of expulsion as aforesaid may by the same or any 
 other notice, to be given as aforesaid within one calen- 
 
mrchd^t 
 
 apt during 
 i liberty to 
 ipt partner 
 s legal por- 
 >ay re(iuiro) 
 
 witbin^ 
 
 aptcy, such 
 ch deatb or 
 
 s share. 
 
 ful breach of 
 faitb which 
 ihall become 
 e to take his 
 ip business, 
 partner may 
 If he shall be 
 mittee, expel 
 ate of such 
 ,e on account 
 n witbin one 
 And if any 
 happened to 
 question shall 
 ision in that 
 ;r giving such 
 |e same or any 
 in one calen- 
 
 DKED or PARTNERSHIP. 
 
 389 
 
 dar month from the date of the first notice, signify his 
 intention to purchase the share of the expelled partner 
 in the partnership pro[)t'rty, in which case he shall be 
 deemed the purchaser thereof accordingly, as from the 
 date of such ex[)ulsion. 
 
 Alode oj ascertaini/ii:; value of share. 
 
 (35) The price to be paid for the share of a de- 
 ceased or bankrupt or retiring or expelled partner under 
 the foregoing provisions shall be the net value of such 
 share, after providing for the debts and liabilities of the 
 firm on the day of the determination of the partnership ; 
 and if the parties shall be unable to agree as to the value 
 thereof, the same shall be ascertained by arbitration in 
 the manner hereinaftf" ..^..tioiicd. The sum of money 
 ascertained to be the value of the said share shall be 
 paid by the purchaser to the vendor or vendors [in 
 four equal instalments at the expiration of six, twelve, 
 eighteen, and twenty-four calendar months respectively 
 from the determination of the partnership, with interest 
 for the same or the instalments thereof for the time 
 
 benig remaining unpaid at the rate of per cent, per 
 
 annum, or as may be agreed\ and shall be secured by 
 the bond of the purchaser, who shall also by the same 
 or another bond indemnify the vendor or vendors and 
 the estate of the deceased or outgoing partner against 
 the debts and liabilities of the firm, and the vendor or 
 vendors shall, at the request and cost of the purchaser, 
 do and execute all acts, deeds, and things necessary or 
 proper for vesting in him the share purchased by him as 
 aforesaid, and for enabling him to get in the outstanding 
 credits and effects of the firm. 
 
 m 
 
 w 
 
 \ I 
 i 
 
 n 
 
 li 
 
. 
 
 I;.' I 
 
 it 
 
 ■f ':> 
 
 390 
 
 PAkTNKRSliri'. 
 
 Gn<>{/ will. 
 
 (36) In ascertaining tlu* sum of money to be paid for 
 the purchase of a share of a deceased or outgoing part- 
 ner as aforesaid, nothing shall he allowed for the good 
 will of the business \<)r an allowance shall be made for 
 the good will of the business as follows ]. 
 
 Winding:; up on dissolutiou. 
 
 (37) Upon the determination of the partnership, if no 
 other arrangement is made under the foregoing provisions, 
 the property and effects of the firm shall be realized and 
 the proceeds applied, firstly, in paying the debts and lia- 
 bilities of the firm ; secondly, in repaying to each partner 
 the amount of capital brought in by him, with su'.h 
 interest, if any, as may be owing thereon, and the sur- 
 plus, if any, shall be divided between the partners or 
 their respective representatives in equal shares \()r in 
 proportion to their respective shares in the profits of the 
 said business]. 
 
 Arbitration. 
 
 (38) If at any time during the continuance of the 
 partnersliip, or after the dissolution or determination 
 thereof, any dispute, difference, or question shall arise 
 between the partners or any of their representatives 
 touching the i)artnership, or the accounts or transactions 
 thereof, or the dissolution or winding up thereof, or the 
 construction, meaning, or effect of these presents, or 
 anything herein contained, or the rights or liabilities of 
 the partners or their representatives under these pres- 
 ents or otherwise in relation to the premises, then every 
 such dispute, difference, or question shall be referred to 
 the arbitration of three persons, one to be appointed l)y 
 
DKI.It (H I'AK rviKsmi'. 
 
 39' 
 
 ,e paid for 
 ;oint; p^Tl- 
 r the ^ood 
 '2 made for 
 
 irship, if no 
 T provisions, 
 realized and 
 e\)ts and lia- 
 each partner 
 1, with such 
 and the sur 
 1. partners or 
 uiros [of in 
 )rorits of the 
 
 each party to the reference, and a third arbitrator to he 
 appointed l)y the first named arbitrators in writing before 
 they enter upon the business of thi- reference; and if 
 either party shall refuse or negleci to appoint an arbi 
 
 trator within days after the other [)arty shall have 
 
 appointed an arbitrator, and shall have served a written 
 notice upon the first mentioned party re(|uirinj^ such 
 party to make such appointment, then the arbitrator first 
 a[)pointed shall, at the retpiest of the party appointing 
 him, proceed to hear and determine the matters in 
 (hfference as if he were an arbitrator api)ointed by both 
 parties for the pu 
 which shall be 
 
 and the award or determination 
 
 ladc 
 
 the 
 
 d arb 
 
 th 
 
 appoint 
 
 itrators, 
 majority of them, or by the said arbitrator, shall be final 
 and binding upon the parties hereto, their executors, 
 administrators, and assigns. 
 
 Amen(iin<^ partnership articles. 
 
 {39) It is hereby agreed that if at any time during the 
 continuance of this partnership the parties hereto siiall 
 deem it necessary or expedient to make any altera- 
 tion in any article, clause, matter, or thing herein con- 
 tained, for the more advantageous or satisfactory manage- 
 ment of the said partnership business, it shall be lawful 
 for them so to do by any writing under their joint hands 
 indorsed on these articles, or entered in any of the part- 
 nership books ; and all such alterations shall be adhered 
 to and have the same effect as if the same had been 
 originally embodied in and formed a part of these pres- 
 ents. 
 
 In witness, etc. 
 
 Signed, sealkd, etc. 
 
 ; r 
 
392 
 
 PARTNERSHIP. 
 
 DEED OF PARTNERSHIP 
 
 Between Hvo persons. 
 
 (Short Form.) 
 
 Thfs Ixdknturk made the day of , i8 — , 
 
 Bktw^:kn of \one partner\ of the one part, and 
 
 of- [other partner], of the other part. 
 
 WITNESSETH that the parties hereto covenant and 
 
 agree to become partners in the business of , upon 
 
 and subject to the following conditions, namely : 
 
 (i) The partnership shall commence on the day 
 
 of ; 1 8 — , and shall continue until determined by 
 
 calendar months' notice to be given by one partner to the 
 other, or to be left at the place of busir.-^ss. 
 
 (2) The name of the firm shall be " & Co.," and 
 
 the business shall be carried on at \descrihe the premises\ 
 or at such other place as the partners shall from time to 
 time agree on. 
 
 (3) The bank of the firm shall be the Bank. 
 
 (4) The capital of the firm shall be dollars, and 
 
 the same shall not be reduced without the consent of 
 both partners. The said capital is at present repre- 
 sented by the stock-in-trade in and upon the said pre- 
 mises, which have been valued at dollars, and the 
 
 sum of dollars cash standing to the credit of the 
 
 firm at the said bank, and which stock-in-trade and cash 
 belong to the partners in equal shares. 
 
 (5) The profits and losses of the business shall be 
 divided between the partners in equal shares. 
 
 (6) Proper accounts shall be kept of aii partnership 
 transactions, and on the [31st] day of [December] 
 in every year, or as soon afterwards as possible, a 
 
DEED OF PARTNERSHIP. 
 
 393 
 
 balance sheet shall be made out, showing the assets and 
 liabilities of the firm, and what belongs and is due to 
 each part'- - for capital and share of profits, and the 
 same shall be signed by both partners, and when so 
 signed shall be conclusive, except that if a manifest error 
 shall be discovered therein within [three] calendar 
 months after the signature thereof such error shall be 
 rectified. 
 
 (7) Each partner may draw the monthly sum of 
 
 dollars out of the partnership cash on account of his 
 share of profits for the current year ; but if on taking 
 the yearly account it shall appear that the monthly sums 
 drawn out by either partner exceed his share of profits, 
 he shall forthwith refund the excess. 
 
 (8) Upon the determination of the partnership the 
 assets of the partnership shall be realized and applied, 
 firstly, in payment of the debts and liabilities of the 
 firm, and, secondly, in paying to each partner the 
 amount of his capital in the said business, and the sur- 
 plus (if any) shall be divided between the partners or 
 their respective representatives in et[ual shares [or in 
 proportion to their shares in the profits of the business]. 
 
 (9) All matters in diflference in relation to the partner- 
 ship affairs shall be referred to the arbitration of three 
 persons, one to be appointed by each party, and a thira 
 person chosen by the two first-named before they enter 
 upon the business of the arbitration, and the award and 
 determination of such arbitrators or any two of them 
 shall be binding upon the parties hereto and their 
 respective executors, administrators, and assigns. 
 
 In witness, etc. 
 
 SlCNED, SEALED, etC. 
 
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 394 
 
 PARTNERSHIP, 
 
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 fill ■ !, 
 
 ,\'\ 
 
 DEED OF PARTNERSHIP 
 
 Between two persons^ where one finds the zvho/e capita/^ 
 and the profits are divided in unequal shares. 
 
 This Indeniure made the day of- 
 
 i8- 
 
 Between A.B., of -, of the one part, and CD., of , 
 
 of the other part. 
 
 Whereas the said A.B. has for some vears carried on 
 
 the business of upon certain leasehold premises on 
 
 street in the town of held by him for a term of 
 
 years, which will expire on the day of , i8 — , at 
 
 the yearly rent of dollars. 
 
 And whereas the said A.B. has agreed to admit the 
 said CD. into partnership with him upon the terns and 
 conditions hereinafter expressed. And whereas it is 
 part of the arrangement that the plant and stock-in-trade 
 in and about the said premises shall be taken by the 
 
 said partnership at the sum of dollars, at which the 
 
 same have been valued; and that the said A.B. shall 
 
 pay into the Bank to the partnership account the 
 
 sum o f dollars, and that the said sums of dollars 
 
 and dollars, making together the sum of dollars, 
 
 shall be considered as capital brought in to the said 
 business by the said A.B., and shall be credited to him 
 in the partnership books accordingly. And whereas, in 
 performance of the said agreement, the said A.B. has, 
 before the execution of these presents, paid the sum of 
 
 dollars into the said Bank to the partnership 
 
 account. 
 
 Now this indenture WITNESSETH that the said A.B. 
 and CD. hereby mutually covenant and agree to become 
 
DEED OF PARTNERSHIP. 
 
 395 
 
 and be partners in the trade or business of- 
 
 \i)k capital, 
 hares. 
 
 — , 1 8-, 
 .D.,of , 
 
 s carried on 
 premises on 
 )r a term of 
 — , i8— , at 
 
 o admit the 
 le terms and 
 vhereas it is 
 jtock-in-trade 
 iken by the 
 which the 
 A.B. shall 
 account the 
 -dollars 
 
 dollars, 
 
 to the said 
 iited to him 
 \ whereas, in 
 A A.B. has, 
 the sum of 
 partnership 
 
 )f 
 
 the said A.B. 
 ;e to become 
 
 upon 
 
 and subject to the terms, conditions, and stipulations 
 expressed in the following articles, that is to say : 
 
 (i) The partnership shall continue for the term of 
 
 years from the date of these presents, unless the 
 
 same shall be previously determined under the provis- 
 ions hereinafter contained. 
 
 (2) The firm and style of the partnership shall be 
 " & Co." 
 
 (3) The business shall be carried on at the premises 
 -[describe the premises\ and the firm shall be con- 
 
 sidered tenants of the said premises to the said A.B. at 
 
 the yearly rent of dollars, payable [half-yearly] on the 
 
 day of- , and the day of in every year, 
 
 and they shall pay all rates and taxes payable in respect 
 of the said premises, and shall keep the same in good 
 repair and insured against loss or damage by fire in the 
 full value thereof. The tenancy may be determined by 
 the firm on the day of in any year by calen- 
 dar months' notice, but the said A.B. shall not deter- 
 mine the tenancy so long as the firm shall desire to carry 
 on its business there. 
 
 (4) The bank of the firm shall be the Bank at 
 
 , or such other bank as shall be from time to time 
 
 agreed on by the partners. Each partner shall be at 
 liberty to draw cheques in the name of the firm. 
 
 (5) The present capital of the partnership is the sum 
 of dollars, made up of the said plant and stock-in- 
 trade, and the said sum of dollars cash standing to 
 
 the account of the firm at the said hank, the whole of 
 which capital has been brought in by the said A.B. as 
 hereinbefore mentioned. 
 
396 
 
 PARTNERSHIP. 
 
 m 
 
 (6) The profits of the said business shall be divided 
 between the partners as follows, namely : the said A.B. 
 shall be entitled to three equal fourth parts thereof, and 
 the said CD. to the remaining one equal fourth part 
 thereof. Whenever the one-fourth share of profits 
 
 belonging to the said CD. shall in any year exceed 
 
 dollars, he shall leave the excess in the said business as 
 so much capital brought in by him, until by that means 
 his capital shall amount to dollars. 
 
 (7) Each partner shall receive interest at the rate of 
 per cent, per annum on the amount of his capital 
 
 for the time being in the said business, and such interest 
 shall be allowed before any division of profits is made. 
 
 (8) All expenses and losses incurred in carrying on 
 the partnership business shall be paid out of the earn- 
 ings, and, if the same shall be insufficient, the deficiency 
 shall be made up by the partners in the shares in which 
 they are entitled to the profits of the said business. 
 
 (9) /<? (30) [see/>. j/p, articles (13) /^ (34)]. 
 
 (31) If the said A.B. shall die during the continuance 
 of the said partnership, the said CD. shall have the 
 option of purchasing from his representatives the 
 
 messuage in aforesaid, where the said business is 
 
 carried on, for all the then residue of the term of 
 
 yesirs therein now vested in the said A.B., the price to be 
 as follows, that is to say : if the said A.B. shall die on or 
 
 before the day of next, then the price to be 
 
 [$ioo] ; but if he shall die at any subsequent period, 
 then the price to fall and he reduced [$5] at the expira- 
 tion of every clear period of six calendar months dur- 
 ing which the said A.B. shall survive the said day 
 
i] ;i 
 
 DEED OF PARTNERSHIP. 
 
 397 
 
 be divided 
 
 said A.B. 
 hereof, and 
 fourth part 
 
 of profits 
 
 exceed 
 
 business as 
 that means 
 
 the rate of 
 ■ his capital 
 !uch interest 
 ,s is made, 
 carrying on 
 of the earn- 
 pe deficiency 
 res in which 
 
 siness. 
 
 J- 
 
 I continuance 
 
 ill have the 
 
 itatives the 
 
 business is 
 
 jterm of ■ 
 
 le price to be 
 lall die on or 
 Iprice to be 
 luent period, 
 it the expira- 
 Imonths dur- 
 said day 
 
 of next, but no fall or reduction shall be made on 
 
 account of any period less than six calendar months, the 
 purchaser to take subject to Vr.2 payment of the yearly 
 
 rent of dollars reserved by the lease of the said 
 
 premises, and to the observance and performance of the 
 covenants and conditions in the said lease contained, 
 and on the lessee's part to be observed and performed ; 
 provided, however, that the said CD. shall signify his 
 intention of becoming the purchaser of the said messuage 
 
 to the representative of the said A.B. within calendar 
 
 months next after the decease of the said A.B., and 
 the said CD. shall, without requiring the production 
 of the lessor's title, accept an assignment of the said 
 premises for all the then residue of the said term subject 
 as aforesaid, and shall enter into the usual covenant for 
 the payment of the said rent and the observance and 
 performance of the said covenants and conditions, and 
 for indemnifying the said representatives and their estate 
 and effects, and also the estate and effects of the said 
 A.B. therefrom, such assignment and covenant to be 
 prepared by and at the expense of the said CD. 
 
 (32) If either partner shall die during the continuance 
 of the said partnership, leaving a widow, child, or chil- 
 dren him surviving, the surviving partner shall, during 
 
 the remainder of the said term of years hereby 
 
 appointed for the continuance of the said partnership 
 (if such surviving partner, and also the widow or a child 
 or children of the deceased partner, shall so long live), 
 pay to the executors or administrators of the deceased 
 partner (in addition to any other moneys to which they 
 will be entitled under the foregoing articles) the annual 
 
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 'Iff 
 
 mm 
 
 I 
 
 h~: 
 
 398 PARTNERSHIP. 
 
 sum of dollars by equal quarterly payments, the first 
 
 of such payments to be made at the end of calendar 
 
 months next after the decease of the partner so dying as 
 aforesaid. 
 
 (33) (34) [^ce/>- 390, articles (38) and (39)]. 
 
 In witness, etc. 
 
 Signed, sealed, etc. 
 
 ADMISSION OF NEW PARTNER 
 
 Into an existing firm. 
 
 Indenture made this day of , 18 — , Between 
 
 — and , constituting the firm of & Co., of the 
 
 [incoming partner]^ of the second 
 
 first part, and— 
 part. 
 
 Whereas by an indenture dated the day of- 
 
 i^ — , between the said parties of the first part they 
 
 became partners in the business of for the term 
 
 of years, and have continued to be partners from the 
 
 day of the date of said indenture to the present time. 
 
 And whereas the said partners have agreed to 
 admit the said [incoming partner^ into partnership with 
 them in the said business for the residue of said term 
 
 of years, upon the terms and conditions hereinafter 
 
 mentioned ; and upon the treaty made for such partner- 
 ship it was agreed that a valuation should be made of 
 the whole of said partnership property and effects, and 
 that the said [incoming partner^ should Day unto the said 
 parties of the first part one-third of the amount of such 
 
ADMISSION OF NEW PARTNER. 
 
 399 
 
 valuation, and be admitted to a proportionate share of 
 the profits and losses of the said business. 
 
 And whereas such valuation has been made accord- 
 ingly, and the value of the said partnership property 
 fixed at the sum of dollars. 
 
 Now THIS INDENTURE WITNESSETH that in pursuancc 
 of the said recited agreement, and in consideration 
 of the sum of dollars, being one-third of the valu- 
 ation of the said partnership property, paid by the 
 said [incoming partncr\ to the said parties of the first 
 part, they, the said parties of the first part, admit the 
 said [incoming partner^ as a partner in the said business 
 
 tor the term of years from th'^ date hereof, which 
 
 said business shall henceforth be carried on under the 
 
 style or firm of &: Co., and the profits and losses of 
 
 the said partnership shall be equally divided and borne 
 by the said parties hereto, and the said partnership 
 business shall be carried on by them under and subject 
 to the same terms, covenants, stipulations, provisoes, 
 declarations, and agreements as are expressed and con- 
 tained in the said hereinbefore recited indenture of part- 
 nership of the day of , i8 — , of and concerning 
 
 the said capital, stock-in-trade, and effects, and all and 
 singular the other matters and things therein mentioned 
 and comprised, and that as fully and effectually to all 
 intents and purposes as if the same terms were expressed 
 and contained in these presents, and inserted with the 
 name of the said [incoming partner^ herein. 
 
 And it is hereby declared and agreed by and between 
 the parties hereto that, subject to the covenants, stipula- 
 tions, provisoes, declarations, and agreements so con- 
 
 1 
 
 :tilil| 
 
 
400 
 
 PARTNERSHIP. 
 
 -1 !'■ 
 
 tained in the said hereinbefore recited indenture as 
 aforesaid, the said partnership estate and effects shall 
 be and remain unto the said three partners constituting 
 the said new firm of & Co., their respective execu- 
 tors, administrators, and assigns, in equal shares and 
 proportions. 
 
 In witness, etc. 
 
 Signed, sealed, etc. 
 
 id. 
 
 m 
 
 EXTENSION OF PARTNERSHIP TERM. 
 
 To be endorsed on or annexed to the articles. 
 
 , i8— , Between 
 — , of the second 
 
 Indenture made the day of — 
 
 of , of the first part ; of- 
 
 part ; and of , of the third part. 
 
 Whereas the partnership entered into by the above- 
 named parties under the within written \or annexed] 
 
 indenture will expire by limitation on the day of 
 
 next ; and whereas the said parties thereto have 
 
 agreed to continue the said partnership for the further 
 
 term of years from the said day of in manner 
 
 hereinafter expressed. 
 
 Now THIS indenture WITNESSETH that cach of them, 
 
 the said , , and , doth hereby covenant with 
 
 the others of them, and their executors and adminis- 
 trators, jointly and severally, in manner following ; that 
 
 is to say : that they, the said , , and , and 
 
 the survivors of them, will remain and continue partners 
 together in the within-mentioned trade or business for 
 
 the further term of years, to be computed from the 
 
 said day of next, upon the same terms and con- 
 
MORTGAGE OF PATRNT. 
 
 421 
 
 identure as 
 ;ffects shall 
 constituting 
 ctive execu- 
 shares and 
 
 TERM. 
 
 rtides. 
 
 , Between 
 
 Df the second 
 
 y the above- 
 or annexed] 
 
 e day of 
 
 hereto have 
 the further 
 in manner 
 
 Uch of them, 
 lovenant with 
 Jind adminis- 
 [lowing; that 
 
 id^ -, and 
 
 Inue partners 
 
 {business for 
 
 led from the 
 
 IS and con- 
 
 invention, and also all improvements which, during the 
 said time, he shall have control of or acquire by pur- 
 chase or otherwise, and whether patented or not, and 
 such improvements and Letters Patent, if rny, shall be 
 deemed to be comprised within this security, and the 
 mortgagor will execute all documents and do all things 
 necessary to extend the operation of this security to 
 all such improvements or Letters Patent. And that dur- 
 ing the continuance of this security the mortgagor will 
 not, without the consent of the mortgagee first had and 
 ootaincd, amend or apply for leave to amend the speci- 
 fications to the said Letters Patent or either of them in 
 any way whatsoever. 
 
 Mortgagee may apply for extension of patent. 
 
 Provided that the mortgagee may, if the moneys 
 secured hereby shall not have been repaid within one 
 year from the ex[)iration of the term of fourteen years for 
 which the said Letters Patent were originally granted, 
 apply for an extension of such term in his own name or 
 in the name of the mortgagor, or in both of them, as 
 he shall think fit, and the mortgagee shall do all arts 
 and things, and execute all documents, and prepare all 
 accounts necessary for such application. 
 
 And it is hereby declared that, except where the con- 
 text requires a different interpretation, each of the 
 expressions, " the mortgagor " and " the mortgagee," 
 shall, wherever used herein, be also applicable, as far as 
 possible, to the executors, administrators, and assigns of 
 the person designated thereby. 
 
 In witness, etc. 
 
 Signed, sealed, etc. 
 
 ifif 
 
I *: I 
 
 POWERS OF ATTORNEY. 
 
 »i I 
 
 111 
 
 POWER OF ATTORNEY 
 
 With special clauses. 
 
 Know all men by these presents that I, A.Ii., of the 
 ■ of in the County of , , do hereby con- 
 stitute and appoint C.I)., of [()r C.I)., of , and 
 
 E.F., of , or either of them], my true and lawful at- 
 torney [()r attorneys] for me, and in my name, place, and 
 stead, and for my sole use and benefit \^/iere add such of 
 the clauses following as may be ret/uired\ 
 
 To manage real estate. 
 
 To take possession of, manage, and improve my lands, 
 messuages, and hereditaments whatsoever and whereso- 
 ever, and 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 myself 
 might do. 
 
 To execute a particular deed. 
 
 To sign, seal, and deliver in my name, and as my act 
 and deed, a certain deed bearing date on or about the 
 
 day of , 1 8 — , intended to convey to of 
 
 all that certain parcel of land, situate, etc. [describe pre- 
 mises shortly], for the consideration of dollars, and to 
 
 receive the purchase money thereof for me and on my 
 behalf. 
 
B., of the 
 reby con- 
 
 , and 
 
 lawful at- 
 |)lace, and 
 ^dd such of 
 
 my lands, 
 
 whereso- 
 
 to assist 
 
 iisplace or 
 
 lint others, 
 
 as I myself 
 
 d as my act 
 r about the 
 
 —of 
 
 Jescribe pre- 
 .lars, and to 
 and on my 
 
 RELKASE OF MORTr.Af.F. I'.V DEF.O. 
 
 443 
 
 To hold unto and to the use of the releasee, his heirs, 
 executors, administrators, and assigns, freed and dis- 
 charged from all claims of the releasor to the said lands. 
 
 In witness, etc. 
 
 Signed, sealed, etc. 
 
 RELEASE OF MORTGAGED PREMISES 
 BY DEED. 
 
 This Indenture made the — —day of , i8 — , 
 
 1!i:t\vekn of the of in the County of , 
 
 , hereinafter called the mortgagee, of the first part, 
 
 and of the of in the County of , , 
 
 hereinafter called the mortgagor, of the second part. 
 
 Whereas by indenture of mortgage dated the day 
 
 of , 1 8 — , and made between the mortgagor and the 
 
 mortgagee for the consideration therein mentioned, the 
 lands and premises hereinafter released were [together 
 with other lands and premises] conveyed unto the mort- 
 gagee for securing the repayment of the sum of 
 
 dollars and interest as in the said mortgage mentioned. 
 
 And whereas the mortgagee has agreed to release 
 [the part of] the premises hereinafter described from the 
 said mortgage security. 
 
 Now THIS indenture witnessicth that in considera- 
 tion of the sum of dollars of lawful money of Canada, 
 
 now paid by the mortgagor to the mortgagee (the 
 receipt whereof is hereby acknowledged), the mortgagee 
 doth by these presents grant, reconvey, and release unto 
 the mortgagor, his heirs, and assigns, all that certain 
 parcel of land, situate, etc. 
 
 
 1 
 
 
 ^ 
 
 
 \ * 
 
 
 
 
 ■■■ \ 
 
 i 
 
 i \ 
 
 
 1 
 
 
 1' 
 
 / 
 
 il 
 
f 
 
 444 
 
 RELEASES. 
 
 5 * 
 
 ■J r. 
 
 ' 
 
 I ill 
 
 To have and to hold the same, with theap[)urtcnances, 
 unto the niortj^Mgor, his heirs and assigns, to and for his 
 and their sole and only use forever, freed and absoluisjly 
 ac(|uitted, exonerated, and discharged of and from the 
 said indenture of mortgage, and the principal money 
 and interest thereby secured, and every proviso, cove- 
 nant, matter, and thing therein contained. 
 
 And the mortgagee doth hereby for himself, his heirs, 
 executors, administrators, and assigns, covenant, pro 
 mise, and agree to and with the mortgagor, iiis heirs and 
 assigns, that he has not done, permitted, or executed 
 any act, deed, matter, or thing whereby the said heredi- 
 taments hereinbefore released have been or may be in 
 any manner charged, affected, or incumbered in title, 
 estate, or otherwise howsoever. 
 
 [Provided always that nothing herein contained shall 
 afi'ect the said before in part recited mortgage, or its 
 legal validity so far as regards the unrelcased portion of 
 the said Kinds and premises, or any part thereof, or the 
 sum still remaining due thereon, or the covenants 
 therein contained.] 
 
 In witness, etc. 
 
 Skjned, sealed, etc. 
 
 RELEASE OF EQUlTV OF REDEMPTION. 
 This Indenture made the day of , i8- 
 
 m 
 
 pursuance of the Act respecting Short Forms of Convey- 
 ances, Between of the of in the County of 
 
 , , of the first part, and of the of- in 
 
 the County of- 
 
 -, of the second part. 
 
tcnances, 
 id for lus 
 absoUiioly 
 from the 
 )al money 
 viso, cove 
 
 r, his heirs, 
 Dnant, pro 
 is heirs and 
 )r executed 
 said heredi- 
 may be in 
 red in title, 
 
 tained shall 
 
 gage, 
 
 or Us 
 
 portion of 
 
 freof, or the 
 
 covenants 
 
 IPTION. 
 
 -, i8— , in 
 Is of Convey- 
 le County of 
 -of — -in 
 
 HON I). 
 
 401 
 
 ditions and subject to the same provisions and agree- 
 ments as are in and by the within written [ot annexed] 
 indenture expressed and contained in relation to the 
 partnership thereby consututed, and so that all such 
 terms, conditions, provisions, and agreements shall 
 remain in force and take effect in like manner as if the 
 said partnership had been originally entered into for the 
 
 full term of years, instead of the said term of 
 
 years. 
 
 In witness, etc. 
 
 Signed, sealed, etc. 
 
 BOND 
 
 Indemnifying retiring partner against partnership debts. 
 
 Know all men [continue as on page 181, to the end of 
 second paragraph\ 
 
 Whereas the said A.B., CD., and E.F., have carried 
 on business in partnership as , at , and by inden- 
 ture bearing even date herewith it is agreed that the said 
 partnership shall be determined and dissolved from the 
 
 day of , 18 — , and by the same indenture the 
 
 said A,B. has assigned and released unto the said CD. 
 and E.F., their executors, administrators, and assigns, 
 all his interest in the said partnership business, and the 
 moneys, debts, property, and effects belonging or due to 
 the said partnership ; and whereas it has been agreed 
 that the said CD. and E.F. should execute and give to 
 the said A.B. the above written bond, with such condi- 
 tion for making void the same as is hereinafter con- 
 tained. 
 
 V\ ;"IT 
 
 n 
 
 I ■ 
 
 ill 
 
'( 
 
 402 
 
 PARTNERSHIP. 
 
 Now THE CONDITION of the abovc written bond is 
 such that if the said CD. and R.F. shall save harmless 
 and keep indemnified the said A.B. and all his estate and 
 effects of and from all debts and liabilities whatsoever 
 in respect of the said partnership business, then the above 
 written bond shall be void ; otherwise the same shall 
 remain in full force and virtue. 
 
 Signed, sealed, etc. 
 
 M ri-'' :i r'l! 
 
 CERTIFICATE OF LIMITED PARTNERSHIP. 
 
 (R.S.O., c. 129, ss. 5, 6.) 
 
 VVi', the undersigned, do hereby certify that we have 
 entered into co-partnership under the style or firm of 
 
 as [sfa/e general nature oj l)usin''<:s intended to be 
 
 transacted\ which firm consists of A. P., residing usually 
 
 at , and CD., residing usually at , as general 
 
 partners ; and E.F., residing usually at , and G.H., 
 
 residing usually at , as special partners. The said 
 
 Fl.F. \special partner^ having contributed $ , and 
 
 -, to the capital 
 
 the said G.H. [special partner\ $- 
 stock of the said partnership. 
 
 The said partnership commenced [or is to commence] 
 
 on the ^day of , 18 — , and terminates on the 
 
 — — day of , 18 — . 
 
 Dated this day of ,18 — . 
 
 Signed in the presence of me,"^ 
 
 L. M., 
 
 A Notary Public. 
 
 A. B. 
 CD. 
 E. F. 
 G. H. 
 
bond is 
 varmless 
 ;ate and 
 atsoever 
 he above 
 me shall 
 
 ERSHIP. 
 
 It we bave 
 or firm of 
 'nded to be 
 ing usually 
 as general 
 and G.H., 
 The said 
 
 , and 
 
 the capital 
 
 commence] 
 ates on the 
 
 B. 
 
 D. 
 ,F. 
 I. H. 
 
 PARTNERSHIP DECLARATIONS. 
 
 403 
 
 DECLARATION OF CO-PARTNERSHIP. 
 
 (R.S.O., c. 130, s. 2.) 
 
 We of [residence and 
 
 Province of Ontario ; 
 
 I »ccupatio)i\ and o{\resi- 
 
 ^ , dence and occupation\\\QTeh\ 
 
 County of . I .-r 
 
 •^ ^ certify : 
 
 (i) That we have carried on, and intend to carry on, 
 
 trade and business as at in partnership [with 
 
 of and of , as the case may be] under the 
 
 name and firm of . 
 
 (2) That the said partnership has subsisted since the 
 day of , 18—. 
 
 (3) And that we [or I and the said of ] are, 
 
 and have been since the said day, the only members of 
 the said partnership. 
 
 Witness our hands at this day of , 18 — . 
 
 Witness : 1 
 
 DECLARATION. 
 
 Where only one person in business, but under a firm name. 
 
 (R.S.O., c. 130, ss. 9, 10.) 
 
 Province o 
 
 f Ontario ; \ I [name in full] of , 
 
 r [occupation or addition] 
 
 County of . ) hereby certify : 
 
 (i) That I am carrying on [or intend to carry on] busi- 
 ness under the name, style, and firm of " & Co." 
 
 [(^r as the case may be], 
 (2) That I commenced to carry on [or intend to 
 
 • ! 
 
 5 |I It! 
 
 
 ' 
 
 S ' 
 
 1 
 
404 
 
 PARTNERSHIP. 
 
 commence] business under the said style of " & 
 
 Co." on the day of , i8 — . 
 
 (3) That no person is associated with me in partner- 
 ship. 
 
 Witness my hand at the ^day of , 18 — . 
 
 Witness : 
 
 } 
 
 NOTICE DETERMINING PARTNERSHIP. 
 
 Under a po7ver in the partnership deed. 
 
 Pursuant to the power for this purpose contained in 
 
 certain articles of partnership, dated the day of , 
 
 18 — , and made between you, of the one part, and me, 
 of the other part, I hereby give you notice of my wish 
 and intention that the partnership now subsisting 
 between us under the said articles shall cease and deter- 
 mine at the expiration of months, computed from 
 
 the date hereof. 
 
 Witness my hand this day of , 18 — . 
 
 To CD. [other partner]. A.B. ]j>artner\ 
 
 NOTICE OF DISSOLUTION 
 
 Of partnership. 
 
 Notice is hereby given that the partnership hereto 
 fore subsisting between us, the undersigned, as 
 
 m 
 
 the [town] of , has this day been dissolved by mutual 
 
 consent. All debts owing to said partnership are to be 
 paid to at aforesaid, and ali claims against the 
 
• ". & 
 
 n partner- 
 -. 18—. 
 
 ontained in 
 
 day of ' 
 
 ,rt, and me, 
 
 of my wish 
 
 subsisting 
 
 te and deter- 
 
 iputed from 
 
 [partner]. 
 
 i-ship hereto- 
 led, as- — in 
 led by mutual 
 Ihip are to be 
 \s against the 
 
 DISSOLUTION OF PARTNERSHIP. 
 
 said partnership are to be presented to the said- 
 whom the same will be settled. 
 
 Dated at this day of , 18 — . 
 
 405 
 -,by 
 
 Witness : 
 
 } 
 
 DECLARATION OF DISSOLUTION 
 
 Of partnership. 
 
 (R.S.O.,c. 130, s. 7.) 
 
 Province of Ontario ; ) I formerly a mem- 
 County of . J ber of the firm carrying on 
 
 business as at , in the County of , under the 
 
 style of , do hereby certify that the said partnership 
 
 was on the day of , 18 — , dissolved. 
 
 Witness my hand at the day of , 18 — . 
 
 Witness : \ 
 
 J 
 
 DEED OF DISSOLUTION 
 
 Where one partner retires, and the others continue the 
 
 business^ 
 
 Ihis Indenture made the— — day of , 18 — , 
 
 Between A.B., of [retiring partner\ of the first 
 
 part; CD., of [one of the continuing partners\ of 
 
 the second part ; and E.F., of [other continuing 
 
 partner], of the third part. 
 
 Whereas by an indenture dated the day of , 
 
 18 — , and made between A.H., of , CD., of , 
 
 and E.F., of , the said A.Ii., CD., and El.F. agreed 
 
 m 
 
C^r^ 
 
 Ml 
 
 m 
 
 406 
 
 PARTNERSHIP. 
 
 
 \\il 
 
 -U 
 
 to carry on the business of , in partnership, in equal 
 
 shares, for the term of years, subject to the cove- 
 nants and provisions contained in the said indenture, and 
 they have carried on the said business accordingly up to 
 the day of the date of these presents. 
 
 And whereas a statement and account of the stock- 
 in-trade, moneys, credits and effects, debts and liabili- 
 ties of the said partnership have been this day made 
 out, signed, and settled between the said A.B., CD., 
 and E.F., and the share of the said A.B. in the said 
 stock-in-trade, moneys, credits, and effects, after provid- 
 ing for the said debts and liabilities, has been valued at 
 
 dollars, and the shares and interest of the said A.B/ 
 
 in the good will of the said business has been valued at 
 
 the further sum of dollars, making, with the sum of 
 
 dollars, the sum of dollars. 
 
 And whereas it has been agreed between the parties 
 hereto that the said A.B. shall retire from the said 
 
 business, and shall accept the sum of dollars in full 
 
 satisfaction of his share and interest therein, and the 
 good will thereof, and all the stock-in-trade, credits, and 
 effects belonging thereto ; and it has been also agreed 
 
 that the said sum of dollars shall be paid by [four 
 
 equal] instalments at the expiration of [six, twelve, 
 eighteen, and twenty-four] calendar months res{)ectively, 
 computed from the date of these presents, with interest 
 on the said sum, or the instalments thereof, for the time 
 
 being remaining unpaid at the rate of per cent, per 
 
 annum, computed from the date of these presents, and 
 that the said CD. and E.F. shall give and execute to 
 the said A.B. their joint and several bond for securing 
 
DISSOLUTION OF PARTNERSHIP. 
 
 407 
 
 , in equal 
 the cove- 
 rture, and 
 ngly up to 
 
 the stock- 
 ind \iabi\i- 
 
 day made 
 ^.B., CD., 
 in the said 
 fter provid- 
 n valued at 
 le said A.B.' 
 ;n valued at 
 
 the sum of 
 
 the payment of the said sum of dollars by such 
 
 instalments, and with such interest as aforesaid, and also 
 for indemnifying him against the debts and liabilities of 
 the said partnership. 
 
 And whereas in part pursuance of the said agree- 
 ment the said C.I), and E.F. have given and exe- 
 cuted to the said A.B. their joint and several bond, 
 bearing even date with these presents, in the penal 
 
 sum of dollars, subject to a condition thereunder 
 
 written for making the same void upon payment by the 
 said CD. or E.F., or one of them, to the said A.B. of 
 
 the sum of dollars by such instalments, and with 
 
 such interest as aforesaid, and upon the said CD. and 
 E.F. indemnifying the said A.B. and his estate and 
 effects from and against the debts and liabilities of the 
 said partnership, and all claims and demands in respect 
 thereof. 
 
 Now THIS INDENTURE WITNESSETH that in further 
 j)ursuance of the said agreement in this behalf the said 
 A.B., CD., and E.F. do hereby dissolve the said part- 
 nership hitherto existing between them so far as regards 
 the said A.B., and the said CD. and E.F. do hereby 
 mutually covenant that they, the said CD. and E.F., 
 will henceforth be and remain partners in the said busi- 
 ness in equal shares for the residue of the said term of 
 years upon and subject to the conditions and pro- 
 visions contained in the said indenture dated the 
 
 day of- — -, 18^ — , or as near thereto n.s the circumstances 
 will permil. 
 
 And this indenture also witnesseth that in further 
 pursuance of the said agreement in this behalf, and in 
 
 t 
 
 i. 
 
 
 i 
 
 i 
 
 j 
 
 ; 
 
 
 i 
 
 'i 
 
 1 
 
 i 
 
 n i 
 
 i ii- 
 
loS 
 
 PARTNERSHIP. 
 
 
 consideration of the premises, the said A.B. doth hereby 
 assign and release unto the said CD. and E.F. all the 
 share and interest of him, the said A.B., in the said busi- 
 ness, and the good will thereof, rnd the stock-in-trade, 
 moneys, credits, and effects belonging thereto, to hold 
 the same unto the said CD. and E.F. absolutely in 
 equal shares ; and the said A.B., so far as regards his 
 share hereby assigned or expressed so to be, doth hereby 
 appoint the said CD. and E.F., and each of them, to be 
 thti true t nd lawful attorneys and attorney of him, the 
 said A. P., .J ask, demand, sue for, recover, and receive 
 of and from all persons liable to pay or deliver the same 
 all tne i '>ts, . i s of money, and effects due and owing 
 and belonging to the said partnership hereby dissolved, 
 or expressed so to be, and on payment or delivery 
 thereof to give and execute receipts, releases, and dis- 
 charges for the same respectively, and on non-payment 
 or non-delivery thereof, or any part thereof, to institute 
 any actions or other proceedings whatsoever for recover- 
 ing and compelling payment thereof, and for the pur- 
 poses aforesaid, or any of them, to use the name of the 
 said A.B., and to do and perform all acts and things in 
 relation to the premise? as fully and effectually as he, the 
 said A.B., might or could have done the same in his own 
 proper person if these presents had not been executed. 
 
 And the said A.B. doth hereby covenant with the said 
 CD. and E.F. that he, the said A.B., will not, during 
 
 his life, carry on the business of in the [town] of 
 
 , or within miles thereof. 
 
 And this indenture lastly witnesseth that, in consider- 
 ation of the premises, the said A.B. doih hereby release 
 
)th hereby 
 .F. all the 
 : said busi- 
 ;k-in-trade, 
 to, to hold 
 isolutely in 
 regards his 
 ioth hereby 
 them, to be 
 of him, the 
 and receive 
 /ex the same 
 ,e and owing 
 by dissolved, 
 or delivery 
 ses, and dis- 
 non-payment 
 \ to institute 
 |r for recover- 
 for the pur- 
 name of the 
 .nd things in 
 illy as he, the 
 iC in his own 
 jen executed, 
 with the said 
 1 not, during 
 ;he [town] of 
 
 in consider- 
 lereby release 
 
 DISSOLUTION OF PARTNERSHIP. 
 
 409 
 
 the said CO. and E.F., and each of them, and the said 
 CD. and E.F. do hereby release the said A.B. of and 
 from all covenants and provisions contained in the said 
 
 indenture (articles of partnership) of the day of , 
 
 18 — , and all actions, claims, and demands in relation to 
 the late partnership. 
 
 In witnp:ss, etc. 
 
 Signed, sealed, etc. 
 
 i. \ 
 
 A 51 
 
 t 
 
 I 
 
 'i i 
 
 
 ^In 
 
 1 
 
 I Si! i 
 1'^ 'ft 
 
 Ul V 
 
fmt 
 
 IS 
 
 , 
 
 I '■ '5 
 
 PATENTS. 
 
 ASSIGNMENT OF INVENTION. 
 
 Assi[ti;Hme/U of entire interest [or an undivided half 
 interest^ before issue of patent. 
 
 Know all mkn by these presents that I of , in 
 
 consideration of dollars to me in hand i)aid by 
 
 of the of— (the receipt whereof is hereby acknow- 
 
 -all 
 
 ledged), do hereby sell and assign to the said- 
 \or an undivided half of all] my right, title, and interest 
 in and to my invention for [new and useful improvements 
 in J as fully set forth and described in the specifica- 
 tion which I have this day signed preparatory to ob- 
 taining Letters Patent of the Dominion of Canada 
 therefor. 
 
 And I do hereby authorize and request the Com- 
 missioner of Patents to issue the said patent to \or 
 
 jointly to myself and said ], in accordance with this 
 
 assignment. 
 
 Witness my hand this day of , 18 — . 
 
 • Witness : ) 
 
 / 
 
 ASSIGNMENT OF PATENT. 
 
 Assignment of entire interest after issue. 
 
 Know all men by these presents that I of , 
 
 in consideration of dollars to me paid by of 
 
 (the receipt whereof is hereby acknowledged), do 
 
LICENSE TO USE PATENT, 
 
 411 
 
 hereby sell and assign to the said all my right, title, 
 
 and interest in and to the Patent of Canada No. 
 
 for an improvement in [se^ out description so as to clearly 
 
 describe invention^ granted to me on the day of , 
 
 18 — , the same to be held by and enjoyed by the said 
 to the full end of the term for which said patent is 
 
 granted as fully and entirely as the same could have 
 been held and enjoyed by me if this assignment and sale 
 had not been made. 
 Witness my hand, etc. 
 
 LICENSE TO USE A PATENT. 
 
 This Indenture made the day of , 18 — , 
 
 Between of , hereinafter called the grantor, of 
 
 the first part, and of , hereinafter called the 
 
 grantee, of the second part. 
 
 Whereas by Letters Patent of the Dominion of 
 
 Canada, dated the day of , 18 — , and registered 
 
 as No. in the Patent Office, at Ottawa, the exclusive 
 
 right, privilege, and liberty of making, constructing, 
 using, and vending to others a certain invention therein 
 
 referred to, and known as , was granted to 
 
 \patentee\ his executors, administrators, and assigns. 
 
 [And whereas the said patent and all the rights of 
 
 the said thereunder have been duly assigned to the 
 
 grantor]. 
 
 And whereas the grantor has agreed to grant to the 
 grantee an exclusive license to use the said invention 
 [within the County of ], for the consideration and 
 
 I ' 
 
 I * 
 
 m 
 
 \t ■ 
 
^=^!i 
 
 i h 
 
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 U ■ i; n 
 
 ■ ' |P I" 
 
 412 
 
 PATENTS. 
 
 upon the terms hereinafter expressed [subject to the 
 restrictions and the power of revocation hereinafter con- 
 tained]. 
 
 Now THIS INDENTURE WITNESSETH that in Consider 
 ation of the terms, covenants, and agreements herein- 
 after contained, the grantor doth grant to the grantee 
 the full and free liberty, license, power, privilege, and 
 authority to manufacture, make, construct, use, and vend 
 to others the said invention under the said Letters Pa- 
 tent [within the of , and Province of ]. 
 
 To have and to hold, exercise and enjoy, the same 
 unto the grantee for and during all the remainder now 
 unexpiied of the term granted by the said Letters Patent 
 [and any renewal or renewals thereof] [subject neverthe- 
 less to the power of revocation hereinafter contained]. 
 
 The grantor covenants with the grantee that he has 
 not done nor been a party to any act by which the said 
 patent has been assigned or disposed of by him, or by 
 which his right to grant the said license as aforesaid has 
 been charged or affected, and that he shall, and will at 
 all times hereafter, execute every such further act, deed, 
 matter or thing, as shall be necessary for assigning and 
 assuring to the grantee license and authority to manu- 
 facture and vend the said invention as aforesaid. 
 
 Covenant as to obtaining renewals. 
 
 And that the grantor shall and will from time to time, 
 as may be necessary, give such notes and do such acts as 
 shall be required to obtain renewals of the said patent. 
 As to improvements to invention. 
 
 And that if at any time during the continuance of this 
 license the grantor shall invent or become the owner of any 
 
LICENSE TO USE PATENT. 
 
 4^3 
 
 iini)rovement to the said invention, then that the grantee 
 shall he entitled to use and practise such invention during 
 the continuance of the said license. 
 
 Grantor not to use patent or authorize others. 
 
 And that the grantor will not at my time during the 
 said term manufacture or vend, or authorize others to 
 manufacture or vend, the said invention [within the ter- 
 ritory above mentioned] without the consent in writing 
 of the grantee first had and obtained. 
 
 To manufacture^ keep in stocky and push sales. 
 
 And the grantee doth hereby covenant with the grantor 
 that he shall and will from time to time, during the con- 
 tinuance of this license, manufacture and keep in stock, 
 
 and in the hands of his agents, as many of the said 
 
 [and of the several sizes and patterns now in use] as 
 shall be necessary to supply the demand therefor, and 
 shall bring said invention and the advantages thereof 
 fully and fairly before the public by newspaper advertise- 
 ments, circulars, and otherwise, as shall be necessary, and 
 shall push sales with vigor and enterprise, and also that 
 
 all made or offered for sale by the grantee shall be 
 
 made in a proper and workmanlike manner and of good 
 material. 
 
 To keep accounts and pay royalty. 
 
 And that the grantee shall and will furnish to the 
 grantor full, accurate, and detailed statements, verified 
 
 by afifidavit if required, of all made by the grantee 
 
 during the previous month, and of all sales made by him, 
 and pay on the first day of each month to the grantor a 
 royalty of per cent, on each sold by the grantee 
 
 \ 
 
 ji i j 
 
 f ii 
 
 
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 nl i 
 
 II 
 
 m t:;L' 
 
 1 1 
 
 ■il'! 
 
 414 
 
 PATENTS. 
 
 (luring the previous month, and sliall and will ktvp 
 separate books of account in which shall be entered full 
 
 and correct statements of all manufactured and sold, 
 
 and the names of the parties to whom sold and the price 
 paid therefor, and the names of the agents of the grant' 
 which books and statements shall be kept at the office ... 
 the grantee and shall be the joint property of the parties 
 hereto, and open at all times to their inspection and 
 examination. 
 
 Revocation of license on default. 
 
 And it is further agreed that in case the grantee shall 
 in any respect fail to observe, perform, and keep his 
 covenants and agreements hereinbefore contained, then 
 the grantor may revoke the license and grant herein- 
 before contained, first giving months' notice in writ- 
 ing to the grantee by letter addressed to him at . 
 
 And it is hereby exjjressly declared and agreed I 
 the expressions, " grantor " and " grantee," wherever 
 used in this indenture, shall, where the context allows, 
 
 include and be binding not only on the said and 
 
 , the parties hereto, but also on their respective heirs, 
 
 executors, administratois, and assigns. 
 In witness, etc. 
 Signed, sf:aled, etc. 
 
 AGREEMENT FOR PARTITION 
 
 Between joitit oivners of a patent. 
 
 An Agreement made the day of , 18 — , 
 
 Between A.B., of , of the one part, and CD., of 
 
 , of the other part. 
 
PARTITInN <>F I'ATKNT. 
 
 4iS 
 
 Wm.KKAs the said A.R. and CD. arc joint owners of 
 
 certain I -otters Patent dated the day of , i8 — , 
 
 I, umbered , and entitled . 
 
 And wHiiRKAs tliey have agreed to divide the special 
 license, full power, sole i)rivilege and authority by the 
 said Letters Patent grantetl in the manner and upon the 
 terms hereinafter appearing. 
 
 Now n IS Ac.KKKi* as follows : 
 
 (i) The said A.H. shall be solely entitled henceforth 
 to use, work, and vend the inventi(jn forming the sub- 
 ject-matter of the said Letters Patent in the following 
 
 counties, viz.: , and shall be solely entitled within 
 
 the said counties to grant assignments for districts or 
 special or general licenses upon any terms which the 
 said A.IJ. shall see fit, and the said C.I), shall, whenever 
 required to do so by the said A.B., execute a valid 
 assigimient of all his interest in the said Letters Patent 
 within the said counties to the said A.K. 
 
 (2) The said CD. shall be solely entitled henceforth 
 to use, work, and vend the said invention in the follow- 
 ing counties, viz.: , and shall be solely entitled with- 
 in the said counties to grant assignments for districts, or 
 special or general licenses, upon any terms which the 
 said CD. shall see fit, and the said A.B. shall, whenever 
 required to do so by the said CD., execute a valid 
 asjignment of all his interest in the said Letters Patent 
 within the said counties to the said CD. 
 
 (3) Neither party shall be bound to account to the 
 other for any profits, royalties, or payments received by 
 him with respect to the using, vending, or working the 
 said invention within the counties or districts assigned 
 to him hereby. 
 
 m M » 
 
 f*! 
 
 I I] 
 
i-^ «-p 1 1 .^^.■.mmm 
 
 416 
 
 PATENTS. 
 
 fi r 
 
 I 
 
 ■l!!i 
 
 
 
 ! . i i,i 
 
 (4) The said CD. shall from time to time, and as 
 they become due, pay the fees for the continuance and 
 renewal of the said Letters Patent, and shall be entitled 
 to recover one moiety of the sums of money so paid 
 from the said A.B. 
 
 (5) This agreement, and all the provisions thereof, 
 shall apply to any Letters Patent obtained or acquired by 
 either party hereto for any improvements upon the said 
 patented invention, and neither party shall be bound to 
 make any payments in respect of any such improvements 
 to the other. Provided always that immediately after 
 applying for any such Letters Patent the party seeking to 
 obtain the same shall give notice in writing to the other 
 of the said improvement and full particulars respecting 
 the same, together with a copy of the specifications 
 filed, and thereupon the other party shall elect whether 
 he shall take the benefit of the said invention or not, 
 and, if he elects to take the benefit thereof, shall from 
 time to time pay to the party applying for such Let- 
 ters Patent one moiety of all the costs, fees, and charges 
 incurred in obtaining or seeking to obtain such Letters 
 Patent, and then the said Letters Patent and the said 
 invention shall be deemed to be within this agreement ; 
 but should he elect not to pay the said moiety of costs, 
 fees, and charges, then he shall be deemed to have 
 abandoned all claim to the said Letters Patent and inven- 
 tion, and the p applying for such Letters Patent shall 
 thenceforth be ne sole owner thereof. 
 
 (6) Neither party shall apply for leave to amend the 
 specifications to any Letters Patent within this agreement 
 without the consent of the other first had and obtained. 
 
MORTGAGE OF PATENT. 
 
 417 
 
 (7) So far as practicable, this agreement shall apply to 
 and be binding on the executors, administrators, and 
 assigns of the parties hereto. 
 
 In witness, etc. 
 
 Signed, sealed, etc. 
 
 MORTGAGE OF A PATENT. 
 
 This Indenture made the day of- 
 
 -, 18- 
 
 Betvveen A.B., of , hereinafter called the mortgagor, 
 
 of the one part, and CD., of , hereinafter called the 
 
 mortgagee, of the other part. 
 
 Whereas the mortgagor is the registered owner of 
 
 certain Letters Patent dated the day of , 18—, 
 
 and numbered , for an invention entitled [^ive name 
 
 of invention sujficient to describe //]. 
 
 And whereas the mortgagee has agreed to lend to the 
 
 mortgagor the sum of dollars, to be secured, 
 
 together with interest thereon, by mortgage of the said 
 Letters Patent, as hereinafter expressed. 
 
 Now THIS INDENTURE WITNESSETH that, in Considera- 
 tion of the sum of dollars this day paid by the mort- 
 gagee to the mortgagor (the receipt whereof is hereby 
 acknowledged), the mortgagor doth covenant with the 
 mortgagee that the mortgagor will pay to the mortgagee 
 on the day of , 18 — , the sum of dollars, 
 
 together with interest thereon at the rate of per cent. 
 
 per annum. 
 
 And this indenture also witnesseth that, for the con- 
 sideration aforesaid, the mortgagor, as beneficial owner, 
 
 i. 
 
 .11 II 
 
 
 i\h 
 
 V\' 
 
 I ! 
 
 ' I 
 
 :> ' 
 
 
If* 
 
 ^^tssmm 
 
 mm 
 
 
 
 418 
 
 PATENTS. 
 
 doth hereby assign and mortgage to the mortgagee the 
 said Letters Patent and the sole and exclusive benefit 
 thereof, and all extensions thereof, and all the rights, 
 privileges, profits, benefits, commodities, and advan- 
 tages by the said Letters Patent granted. 
 
 To have and to hold the same to the mortgagee, sub- 
 ject to the proviso for redemption hereinafter contained. 
 Provided always that if the mortgagor shall \ to the 
 
 mortgagee the sum of dollars, with interest for the 
 
 same at the rate aforesaid, then that the mortgagee will 
 at any time thereafter, at the request and cost of the 
 mortgagor, reassign to him the said Letters Patent and 
 the sole and exclusive benefit thereof. 
 
 And the mortgagor doth hereby covenant with the 
 
 mortgagee that if the said sum of dollars, or any part 
 
 thereof, shall remain unpaid after the said day of , 
 
 18 — , the mortgagor will pay to the mortgagee, so long 
 
 as the said sum of -dollars or any part thereof shall 
 
 remain unpaid, interest upon such sum as shall from 
 
 time to time remain unpaid at the rate of per cent. 
 
 per annum, by equal half-yearly payments, on the 
 
 day of , and the-. — day of in every year. Pro- 
 vided also that if the mortgagor shall on every day 
 
 of , and day of , until the day of , 
 
 18 — , or within days after the said days respectively, 
 
 pay to the mortgagee all interest then due, and shall 
 perform and observe all the covenants on his part to be 
 performed or observed, then the mortgagee will not 
 
 before the day of , 18 — , call in the principal 
 
 sum aforesaid or any part thereof. Provided also that 
 the mortgagor shall not before the day of , 18 — , 
 
gagee the 
 ive benefit 
 Lhe rights, 
 nd advan- 
 
 gagee, sub- 
 contained, 
 f to the 
 eat for the 
 tgagee will 
 cost of the 
 Patent and 
 
 nt with the 
 , or any part 
 
 h-day of , 
 
 ee, so long 
 hereof shall 
 shall from 
 -per cent. 
 
 on the 
 
 year. Pro- 
 
 ^ery- day 
 
 day of > 
 
 espectively, 
 
 ;, and shall 
 
 is part to be 
 
 ee will not 
 
 lhe principal 
 
 ^d also that 
 
 t 
 
 MORTGAOE OF PATENT. 
 
 419 
 
 compel the mortgagee to receive the said principal sum 
 or any part thereof. 
 
 To protect and keep patent in force. 
 
 And the mortgagor further covenants that he will, 
 during the continuance of this security, take all steps 
 necessary for the protection of the said Letters Patent, 
 and maintaining the same in full force and effect, and 
 for the prevention of any infringement thereof, and will 
 pay all fees necessary for the continuance of the said 
 Letters Patent one calendar month at least before the 
 same shall become due and payable, and will, whenever 
 required to do so, produce to the mortgagee or his agent 
 the receipts for the said fees ; and in default of the 
 mortgagor taking any such steps as aforesaid, or pro- 
 tecting the said Letters Patent from infringement, or 
 making payment of the said fees, it shall be lawful for 
 the mortgagee to do or pay the same either in his own 
 name or in the name of the mortgagor, as he, the mort- 
 gagee, shall elect, and to sue for and recover from the 
 mortgagor any costs, charges, or expenses which he may 
 incur in so doing, or, at his option, to allow the same 
 to remain on the security hereof as moneys advanced as 
 aforesaid. 
 
 Mortgagor may use invention and grant licenses. 
 
 Provided that until the mortgagee shall become 
 entitled to exercise the power of sale herein contained 
 the mortgagor shall be at liberty to use and work 
 the said invention without interruption from the mort- 
 gagee, and also may (but so chat he shall in each case 
 give to the mortgagee days' at least notice in writing 
 
 i ii 
 
 |i !' 
 
 i«M 
 
 i 
 
i' ! .. 
 
 420 
 
 PATENTS. 
 
 of his intention so to do, and of the particulars thereof), 
 with the consent of the mortgagee in writing, but not 
 otherwise, grant licenses to use and work the said inven- 
 tion as from the dates thereof respectively for the whole 
 or any part of the term comprised in the said Letters 
 Patent. And, further, the mortgagor shall, within four- 
 teen days after the execution of every such license, fur- 
 nish the mortgagee with a copy of the same. 
 
 Power of sale. 
 
 Provided that if the mortgagor shall make default 
 in any of the covenants or provisoes herein contained 
 
 the mortgagee may, on giving to the mortgagor 
 
 months' notice in writing, absolutely sell and dispose of 
 the said invention upon such terms and in such manner 
 as he shall think fit. 
 
 Mortgagee may use invention on mortgagor's default. 
 
 Provided also that from and after the time when the 
 mortgagee shall first become entitled to exercise the 
 power of sale herein contained, but subject to any license 
 which may have been granted as hereinbefore authorized, 
 it shall be lawful for him alone to work the said inven- 
 tion and to grant licenses in respect thereof, or to assign 
 the said Letters Patent and invention for districts, or 
 otherwise to deal with the same in any manner that he 
 shall think fit. 
 
 Improvements to invention. 
 
 And the mortgagor further covenants with the mort- 
 gagee that he will communicate to the mortgagee during 
 the continuance of this security all improvements which 
 he may discover or make in connection with the said 
 
3 thereof), 
 ;, but not 
 aid inven- 
 the whole 
 .id Letters 
 nthin four- 
 cense, fur- 
 
 ike default 
 \ contained 
 
 rtgagor 
 
 dispose of 
 uch manner 
 
 '5 default. 
 when the 
 xercise the 
 any license 
 authorized, 
 said inven- 
 or to assign 
 [districts, or 
 nerthat he 
 
 the mort- 
 
 |agee during 
 
 lents which 
 
 Ith the said 
 
 POWER OF ATTORNEY 
 
 423 
 
 To sell real estate generally. 
 
 To sell all my real estate wherever situated \iir all that 
 certain parcel of land, situate, etc.] at such time or times 
 and either by public auction or private sale, and upon 
 such terms and conditions as my said attorney shall 
 think fit, with liberty to buy in at any such sale as afore- 
 said, to rescind or vary any contracts for sale and to 
 resell without being answerable for any loss arising 
 thereby, and also to execute to the purchasers of the 
 said lands such deeds of grant, conveyances, or assur- 
 ances for the purposes aforesaid as may be required, and 
 also to give effectual receipts and discharges for the pur- 
 chase moneys of the said lands, and such receipts shall 
 exempt the person or persons paying such moneys from 
 all responsibility of seeing to the application thereof. 
 
 To mortgage a particular lot. 
 
 To sign, seal, and deliver a mortgage deed of all that 
 certain parcel of land, situate, etc., to such person, per- 
 sons, or corporation as shall advance to me by way of a 
 loan upon the security of the said mortgage the sum of 
 dollars, such mortgage to contain the usual statu- 
 tory covenants \or as may be desired\ and upon such 
 terms and conditions as may be deemed proper by my 
 said attorney. 
 
 To mortgage real and personal estate. 
 
 To mortgage and borrow money upon the security of 
 my property, real and personal, and wherever situated 
 
 (except my property at ], from time to time, and in 
 
 such sums and upon such terms and conditions as to 
 my said attorney may seem expedient, and for such pur- 
 
 : i 
 
 ' f 
 
 i f i 1 
 
 ill 
 
 ,f ''! 
 
91 
 
 
 424 
 
 POWERS OF ATTORNKY. 
 
 poses to sign, seal, and deliver all mortgages or other 
 instruments which may be required, which mortgages 
 shall contain the usual statutory covenants [or as may be 
 dcsircd\ and to give such bonds or promissory notes, 
 collateral to the said mortgages, as may be necessary or 
 proiKT in connection therewith and collateral thereto, 
 and to repay the said mortgage moneys at such time as 
 to my said attorney may seem expedient. 
 To sell personal estate. 
 
 To sell and absolutely dispose of, at such time or 
 times and upon such terms and conditions and for such 
 price or prices, and by public auction or private con- 
 tract, as to my said attorney shall seem reasonable or 
 expedient, all mortgages and other securities for money, 
 stocks, shares, bonds, goods, chattels, and other personal 
 property whatsoever, and to assign, transfer, and make 
 over the same respectively to the purchaser or pur- 
 chasers thereof, with power to give credit for the whole 
 or any part of the purchase money thereof, and to per- 
 mit the same to remain unpaid for whatever time and 
 upon whatever security, real or personal, as my said 
 attorney shall think safe and proper. 
 
 To make leases. 
 
 For me and in my name and as my act and deed to 
 sign, seal, and deliver all such leases and agreements for 
 leases as shall be requisite, or which my said attorney 
 shall deem necessary or proper in the care apd manage- 
 ment of my said estate situate at , and to receive 
 
 and collect all rents that may be payable to me or my 
 said estate, and in my name to give effectual receipts for 
 the same. {See also tiext paragraph.^ 
 
■i ■ 
 
 rOWLR OF A'lTORNEY. 
 
 429 
 
 5i I 
 
 H 
 
 or other 
 mortgages 
 
 as may l>e 
 ory notes, 
 ;ccssary or 
 al thereto, 
 ich time as 
 
 ch time or 
 nd for such 
 private con- 
 asonable or 
 5 for money, 
 her personal 
 r, and make 
 iser or pur- 
 ,r the whole 
 and to per- 
 cr time and 
 as my said 
 
 ind deed to 
 Ireements for 
 liid attorney 
 ipd manage- 
 to receive 
 me or my 
 ll receipts for 
 
 compel, and for that purpose for me and in my name to 
 make such claims and demands [arrests, seizures, levies, 
 attachments, distraints, and sequestrations], or to com- 
 mence and prosecute to judgment and execution such 
 actions as my said attorney shall think fit ; also to 
 appear before all or any judges, magistrates, or other 
 officers of any court, and then and there plead, claim, 
 defend, and reply in all matters and causes concerning 
 the premises ; and also to exercise and execute all 
 powers of sale or foreclosure, and all other powers and 
 authorities vested in me by any mortgage or mortgages 
 belonging to me as mortgagee. 
 
 To settle accounts. ' 
 
 To examine, state, settle, liquidate, and adjust all or 
 any account or accounts depending between me and 
 any person or [)ersons whomsoever. 
 
 To submit to arbitration. 
 
 And in case of any difference or dispute with any 
 person or persons concerning any of the matters afore- 
 said to submit any such differences and disputes to 
 arbitration in such manner as my said attorney shall 
 see fit. 
 
 To receive a legacy. 
 
 To receive of and from the executors of the will of 
 
 , deceased, or other the person or persons liable to 
 
 pay the same, all that legacy of dollars given and 
 
 bequeathed to me by the said will, and all interest due 
 thereon, and on payment of the said legacy to give an 
 effectual receipt and discharge for the same. \If legacy 
 charged on land add : and to give a valid and effectual 
 
 i!l'l = f 
 
 
 
 ill 
 
YTw 
 
 ■ 1;: 
 
 f w^ 
 
 ij ;. 
 
 430 
 
 TOWERS OK ATTORNEY. 
 
 release and discharge of the lands charged with such 
 legacy of and from said legacy, and all interest thereon, 
 and all claims in respect thereof]. And if the estate of 
 
 the said is inadequate to pay said legacy in full, then 
 
 to accept such sum of money in satisfaction of the said 
 legacy as to my said attorney shall seem proper ; and on 
 non-payment of the said legacy, or any part thereof, or 
 any interest due in respect thereof, to bring all such 
 actions and do all such other acts and things for the 
 purpose of recovering payment of the same as my said 
 attorney shall think fit. 
 
 To accept stock. 
 
 To accept all such issues or transfers as are or may 
 hereafter be made unto me of any interest or share in 
 
 the capital or joint stock of the Company \or bank, 
 
 or as the case may be\. 
 
 To transfer stock. 
 
 To sell, assign, and transfer to , shares in the 
 
 capital stock of the Company \()r bank, or as the case 
 
 may be\ standing in my name, or in which I may have 
 any interest. 
 
 To accept and transfer stock and receive dividends. 
 
 To accept all such issues or transfers as are or may here- 
 after be made unto me of any interest or share in the capi- 
 tal or joint stock of the Company, and to subscribe to 
 
 the rules of the said company ; to receive and grant 
 receipts for all dividends now due or which may here- 
 after become due and payable for the time being in 
 respect of all shares which I now or hereafter may have 
 in the stock of the said company ; to sell, assign, and 
 

 th such 
 ;hereon, 
 estate of 
 uU, then 
 the said 
 ; and on 
 lereof, or 
 all such 
 s for the 
 i my said 
 
 re or may 
 
 )r share in 
 
 [or bank, 
 
 ares in the 
 as the case 
 may have 
 
 Vndends. 
 
 may here- 
 in the capi- 
 lubscribe to 
 "and grant 
 may here- 
 being in 
 may have 
 kssign, and 
 
 POWER OF ATTORNEY. 
 
 42s 
 
 To collect rents and eject tenants. 
 
 And to demand, sue for, and recover all rents and 
 profits now due or which shall hereafter become due in 
 respect of the said premises, and to take and use all law- 
 ful means for recovering the said rents and profits and 
 for ejecting from the said premises all tenants and occu- 
 pants thereof who are in default, and determining the 
 tenancy or occupation thereof, and for obtaining, recov- 
 ering, and retaining possession of all or any of the 
 premises held or occupied by such persons so making 
 default. 
 
 To invest moneys and recover sums due. 
 
 To invest such sums of money as I have heretofore 
 entrusted, or shall hereafter in writing entrust to him for 
 such purpose, such investments to be made [*] in some 
 or all of the following securities, namely : stock, deben- 
 tures, or securities of the Government of the Dominion 
 of Canada, or of this Province ; securities which are a 
 first charge on land held in fee simple ; or in terminable 
 debentures or debenture stock of any building society 
 or company having a capitalized, fixed, paid-up, and per- 
 manent stock not liable to be withdrawn therefrom 
 amounting to at least $100,000, and having a reserve 
 fund amounting to not less than fifteen per cent, of its 
 paid-up capital, and its stock having a market value of 
 not less than seven per cent, premium, and the society 
 or company having during such of the ten years next 
 preceding the date of the investment paid a dividend of 
 not less than six per cent, on its ordinary stock ; or any 
 incorporated society or company authorized to lend 
 money upon mortgages of real estate, such society or 
 
 II 
 
 
 i 11 
 
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 \%- 
 
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 426 
 
 POWERS OF ATTORNEY. 
 
 company having a capitalized, fixed, paid-up, and perma- 
 nent stock not liable to be withdrawn therefrom amount- 
 ing to at least $500,000, and having a reserve fund 
 amounting to not less than twenty-five per cent, of its 
 paid-up capital, and its stock having a market value of 
 not less than twenty-five per cent, premium, and the 
 society or company having during each of the ten years 
 next preceding the date of investment paid a dividend of 
 not less than six per cent, on its ordinary stock [tn On- 
 tario^ substitute for what follows the asterisk (■*) on p. 42J, 
 "in the securities allowed by R.S.O., c. no, s. 29, and by 
 •The Trustee Act, 1891,' being 54 Vict., c. 18, s. 4"], 
 or in such other securities as are allowed by any 
 statute of this Province to trustees and executors hav- 
 ing trust money in their hands to invest in, provided 
 such investment shall in other respects be reasonable and 
 proper. To receive all moneys which may from lime to 
 time become due to me on any mortgage security or 
 
 other investment for me in the Province of , and 
 
 from time to time to alter, vary, sell, and transfer my 
 said mortgage securities or other investments, and again 
 to lay out and invest the same in such other securities of 
 the same or like nature as my said attorney may think 
 most for my benefit, and upon receipt of any money so 
 invested, or to be invested, or any part thereof, or the 
 interest thereon, such good and sufficient receipts, re- 
 leases, and discharges to make and give for the same as 
 the nature of the case shall require, and on default by 
 any persons liable to pay any sum of money due to me 
 as aforesaid to use such customary and legal ways and 
 means for securing payment thereof as my said attorney 
 
1'o\vi:r of attorney. 
 
 427 
 
 I perma- 
 aniount- 
 ve fund 
 nt. of its 
 
 value of 
 
 and the 
 ten years 
 vidend of 
 :k [in Ofi- 
 on P' 4^5 •> 
 59, and by 
 
 18, s. 4"]. 
 d by any 
 tutors hav- 
 I, provided 
 |ona\)le and 
 Dm time to 
 security or 
 — , and 
 ransfer my 
 and again 
 ecurities of 
 may think 
 y money so 
 reof, or the 
 eceipts, re- 
 :he same as 
 default by 
 due to me 
 \ ways and 
 ,id attorney 
 
 may think proper, and for such purpose for mc and in 
 my name to sign, seal, and deliver any deed or convey- 
 ance under power of sale in any mortgage, assignment 
 of mortgage, certificate of discharge of mortgage, or 
 other instrument in writing whatsoever which shall 
 appear to my said attorney for my benefit, or requisite 
 to be done concerning said securities and property here- 
 inbefore mentioned, and in my name to indorse any 
 cheque or cheques payable to me in relation to any of 
 the moneys aforesaid. 
 
 To recover debts due. 
 
 To demand, sue for, recover, and receive from all 
 and every or any person or persons whomsoever all 
 debts, sums of money, securities for money, legacies, 
 goods, chattels, effects, and things whatsoever which now 
 are, or shall, or may hereafter be due, owing, payable, or 
 belonging to me, whether in respect of my real estate, or 
 for the interest or dividends to accrue or become pay- 
 able to me for or in respect of any shares, stock, or 
 interest which I may now or hereafter hold in any joint 
 stock or incorporated company or companies, or for any 
 moneys or securities for money which are now or here- 
 auer may be due, or owing, or belonging to me upon 
 any bond, note, bill of exchange, balance of account, 
 contract, judgment, order or execution, or upon any other 
 account, or otherwise howsoever, and in my name to give 
 effectual receipts and discharges for the same. 
 
 To recover a particular debt. 
 
 To demand, sue for, recover, and receive from 
 
 of the sum of dollars owing from him to me 
 
 h^lti 
 
 tl 
 
 \ V 
 
 if ! 
 
 
 w-. 
 
428 
 
 I'OWKRS OK ATTOKNKY. 
 
 J 1 
 
 i! ^; 
 
 
 * . 
 
 u 
 
 \ r !H 
 
 11, 
 
 i'!;-4 
 
 
 for , and all interest due in respect thereof, and to 
 
 give i)roper receipts and discharges for the sanie. 
 Tc pay or compromise debts. 
 
 And for me and in my name or otherwise and on my 
 behalf to enter into any agreement, compromise, or 
 arrangement 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 do all 
 lawful acts requisite for effecting the premises. 
 
 To compound debts. 
 
 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 shall appear most 
 e.\[)(jdient. 
 
 To give receipts and disc/iarges. 
 
 And upon the recovery or receipt of all and every 
 sum or sums of money, goods, chattels, effects, or things 
 due, owing, payable, or belonging to me, for me and in 
 my name, and as my act and deed to sign, execute, and 
 deliver such good and sufficient receipts, releases, cer- 
 tificates, reconveyances, surrenders, assignments, or other 
 good and effectual discharges, as may be requisite. 
 To maintain actions. 
 
 And in case of neglect, refusal, or delay o part of 
 
 any person or persons to make and rende: just, ^rue, 
 and full account, payment, delivery, and satislact )n in 
 the premises, him, them, or any of them thereunto to 
 
rOWKR OF ATTORNEY. 
 
 431 
 
 , and to 
 
 id on my 
 )inisc, or 
 1 I am or 
 faction of 
 ■ to do all 
 
 :cc[>t part 
 f any debt 
 
 extension 
 ^r with or 
 
 respect of 
 pear most 
 
 and every 
 ;, or things 
 ne and in 
 cecute, and 
 [leases, cer- 
 |ts, or other 
 lisite. 
 
 J part of 
 
 iust, ^rue, 
 
 bi.ict )n in 
 
 lereunto to 
 
 transfer all or any part of my said stock ; to receive the 
 consideration money, and to give a receipt or receipts 
 for the same. 
 
 2^0 vote at meetings of a corporation. 
 
 To vote at all meetings \()r as way be desired^ of the 
 ■Company, and otherwise to act as my proxy or 
 
 representative in respect of any shares now held or which 
 may hereafter be acquired by me in the said company. 
 
 To bar do7vcr. 
 
 To grant and release unto any purchaser or purchasers, 
 mortgagee or mortgagees, or other grantee or grantees, 
 his, her, or their heirs, executors, administrators, or assigns, 
 all my dower and right and title which, in the event of 
 my surviving my said husband, I might or would have to 
 dower, in, to, or out of any lands, or any part thereof, 
 in, to, or out of which my said husband now has or here- 
 after may have any right, title, claim, or interest, whether 
 legal or etjuitable, and also for me, and in my name, to 
 receive and give receipts for all sums of money or other 
 considerations which may be given for the assignment 
 or release of my said dower in the said lands, or any 
 part or parts thereof, and which receipts shall exempt the 
 person or persons paying such sum or sums of money, or 
 other considerations, from all resi)onsibility of seeing to 
 the application thereof. 
 
 To draw cheques^ etc. 
 
 And to sign, draw, make, or endorse my name to any 
 cheques, orders for the payment of money, bills of ex- 
 
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 ip!| 
 
 ^■■H 
 
 f PP 
 
 
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 IH 
 
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 '^Bi 
 
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 I'' :U 
 
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 1 n 
 
 1 '. 
 
 432 
 
 POWERS OF ATTORNEY. 
 
 change, or promissory notes, in which I shall be inter- 
 ested or concerned, which shall be requisite. And also 
 in my name to draw upon any banks or individuals for 
 any sums of money that are or may be to my credit, or 
 which I am or may be entitled to receive, and the same 
 to deposit in any bank or other place, and again at pleas- 
 ure to draw for from time to time. 
 
 To a trustee^ to wind up a firings business. 
 
 To enter into possession of the premises of the firm 
 of & Co. at , and take possession of the stock-in- 
 trade, books of account, policies of insurance, bills, 
 notes, securities, book debts, and all other assets of the 
 said firm, and thence proceed to sell and dispose of the 
 stock-in-trade in the ordinary course of business, but at 
 such discount or reduction on the present selling prices 
 as my said attorney shall think proper, and so as to con- 
 vert the same, or as much thereof as possible, into 
 money on or before the day of next, and to col- 
 lect and call in the book debts or sums of money, and 
 all securities for money, owing to the said firm, and the 
 proceeds of the said collections and of the sales of the 
 stock-in-trade and other assets, as aforesaid, of the said 
 firm, after paying the reasonable charges and expenses of 
 the said attorney, and of such sale and conversion, to di- 
 vide ratably and proportionately between the creditors of 
 the said firm. Provided that my said attorney may, after 
 
 the said day of , sell the unsold stock-in-trade 
 
 en bloc, and also the book debts and other assets of the 
 said business either by public auction or private con- 
 tract, and either for cash or upon such terms of credit as 
 he shall think proper. 
 
)e inter- 
 \nd also 
 duals for 
 :redit, or 
 the same 
 at pleas- 
 
 s. 
 
 f the firm 
 i stock-in- 
 ice, bills, 
 sets of the 
 lose of the 
 ess, but at 
 ling prices 
 as to con- 
 sible, into 
 nd to col- 
 loney, and 
 I, and the 
 ties of the 
 ,f the said 
 xpenses of 
 iion, to di- 
 reditors of 
 may, after 
 :k-in-trade 
 [sets of the 
 ivate con- 
 f credit as 
 
 POWER OF ATTORNEY. 
 
 433 
 
 JVof to be revoked by death. 
 
 And that the powers herein contained may be exercised 
 in the name and on the behalf of my heirs, executors, and 
 administrators, and shall not be revoked by my death. 
 
 To appoint substitutes. 
 
 And I hereby grant full power to my said attorney to 
 substitute and appoint from time to time one or more 
 attorney or attorneys under him with the same or more 
 limited powers, and such substitute or substitutes at 
 pleasure to remove and another or others to appoint. 
 
 Ratification. 
 
 I, the said , hereby agreeing and covenanting for 
 
 myself, my heirs, executors, and administrators, to allow, 
 ratify, and confirm whatsoever my said attorney or his 
 substitute or substitutes shall lawfully do or cause to be 
 done in the premises by virtue of these presents, includ- 
 ing in such confirmation whatsoever shall be done be- 
 tween the time of my or our decease, or the revoca- 
 tion of these presents, and the time of such decease or 
 revocation becoming known to my said attorney or attor- 
 neys, or such substitute or substitutes respectively. 
 
 In witness whereof I have hereunto set my hand 
 
 and seal this day of , i8 — . 
 
 Signed, sealed, and delivered 
 in the presence of 
 
 POWER OF ATTORNEY. 
 
 By person going abroad, for management of //is affairs. 
 
 Know all men by these presents that I of , 
 
 being about to go abroad, hereby appoint of to 
 
 il 
 
 I 
 
 1. 1 \- 
 
 
434 
 
 POWERS OF ATTORNEY. 
 
 11 i . 
 
 be my attorney in my name, and on my behalf to man- 
 age and cultivate or let upon lease for such period and 
 upon such terms as he shall think fit, and to receive the 
 rents of any or all of my lands, houses, and other build- 
 ings, or any part thereof; to erect, pull down, and repair 
 buildings on any part of my estate ; to insure any such 
 buildings against loss or damage by fire, and to make 
 arrangements with tenants, and to accept surrenders of 
 leases, and generally to deal with my real estate, or any 
 part thereof, as effectually as I myself could do ; and 
 also to take all lawful proceedings, by way of action or 
 otherwise, for recovery of rent in arrear, or for eviction 
 of tenants ; to commence and carry on or to defend all 
 actions, suits, and other proceedings touching my real 
 estate or any part thereof, or touching anything in which 
 I or my real or personal estate may be in any wise con- 
 cerned ; and also to demand, sue for, enforce payment 
 of, and receive and give discharges for all moneys, 
 securities for money, debts, chattels, and other personal 
 estate whatsoever now belonging or hereafter to belong 
 to me ; to settle and to compromise and submit to 
 arbitration all accounts, claims, and disputes between 
 me and any other person ; and for all or any of the pur- 
 poses aforesaid to execute all such instruments and do 
 all such things as my said attorney shall think fit ; and 
 upon receipt of any moneys under these presents, to 
 
 deposit the same in the Bank in my name ; and to 
 
 withdraw the same, and to invest the same, or any part 
 thereof, in my name or otherwise, in or upon any such 
 investments or securities, and in such manner as my 
 said attorney shall think fit ; and also out of such 
 
to tnan- 
 sriod and 
 jceive the 
 lier build- 
 and repair 
 any such 
 I to make 
 renders of 
 tte, or any 
 d do ; and 
 f action or 
 "or eviction 
 defend all 
 ing my real 
 ing in which 
 ly wise con- 
 ce payment 
 all moneys, 
 ler personal 
 to belong 
 submit to 
 ;es between 
 of the pur- 
 mts and do 
 ink fit ; and 
 presents, to 
 me ; and to 
 or any part 
 |on any such 
 nner as my 
 out of such 
 
 APPOINTMENT OF SUBSTITUTES. 
 
 437 
 
 attorney to be binding on us and each of us, our and each 
 of our heirs, executors, administrators, and assigns, and 
 to continue in force as well after as before our and each 
 of our death, and to be revoked only by written notice 
 of revocation served upon the manager of the said bank 
 at by us, our heirs, executors, or administrators. 
 
 In witness, etc. 
 
 Signed, sealed, etc. 
 
 APPOINTMENT OF SUBSTITUTES 
 By virtue of authority in power of attorney. 
 
 To ALL to whom these pres^^nts shall come I , of 
 
 , send greeting. 
 
 Whereas of duly made and executed under 
 
 his hand and seal a power of attorney, dated the day 
 
 of , 1 8 — , whereby he appointed me his attorney, for 
 
 him and in his name to do the acts therein specified, 
 with power from time to time to substitute any person or 
 persons to act under me, or in my place as attorney or 
 attorneys in all matters aforesaid, and from time to time 
 every such substitution aiid "opointment at pleasure to 
 revoke. 
 
 Now these presents witness that I, the said , 
 
 by virtue and in execution of the authority in that behalf 
 contained in the said power of attorney, and of all other 
 
 authority me hereunto enabling, do hereby appoint 
 
 of , and of , and each of them, to be the 
 
 attorneys and attorney jointly and severally of my said 
 
 principal , for him and in his name, or in my name, 
 
 to execute and perform all and every the matters and 
 
 \ n 
 
 1:1 ! 
 
 i 
 
 ill 
 
 ^: 
 
 R' 
 
! ■! 
 
 J! S 
 
 'M 
 
 438 
 
 POWERS OF ATTORNEY. 
 
 things mentioned and contained in the said power of 
 attorney to me, in the same manner and as fully and 
 effectually as he, my said principal, or as I might or could 
 have done if personally present, and as they, the said 
 attorneys, or either of them, might or could have done if 
 they had been appointed the attorneys jointly and sever- 
 ally of my said principal in and by the said power of 
 attorney, instead of me ; I, the said , hereby confirm- 
 ing and agreeing to confirm whatsoever the said attor- 
 neys jointly, or either of them separately, shall do, or 
 cause to be done, in and about the premises by virtue of 
 these presents. 
 
 In witness, etc. 
 
 Signed, sealed, etc. 
 
 REVOCATION OK POWER 
 
 And appointment of new attorney. 
 
 Know all men by these presents that whereas by a 
 
 power of attorney dated the day of , 18 — , under 
 
 my hand and seal, I appointed A.B., of , to be my 
 
 attorney with the powers and authorities therein men- 
 tioned ; and whereas I am desirous of revoking the 
 powers given to the said A.B. as aforesaid, and of 
 
 appointing CD., of , to be my attorney in place of 
 
 the said A.B., 
 
 Now therefore I do hereby revoke and make void 
 all and singular the powers and authorities by the said 
 recited power of attorney given to or conferred upon the 
 said A.B., provided always that the revocation herein 
 
REVOCATION OF POWER. 
 
 439 
 
 power of 
 fully and 
 It or could 
 r, the said 
 ive done if 
 and sever- 
 i power of 
 [)y confirm- 
 said attor- 
 ihall do, or 
 by virtue of 
 
 hereas by a 
 18— , under 
 
 -, to be my 
 erein men- 
 voking the 
 
 aid, and of 
 in place of 
 
 make void 
 
 by the said 
 
 led upon the 
 
 ition herein 
 
 contained shall not prejudice or affect anything lawfully 
 done or caused to be done by the said A.B., or any sub- 
 stitute acting under him, in the exercise of any such 
 powers or authorities as aforesaid in the interval between 
 this revocation and the time of the same becoming 
 known to him or his substitute. And I do hereby ratify 
 and confirm anything lawfully done, or caused to be 
 done, by the said A.B., or any substitute acting under 
 him, in the exercise of any cuch powers or authorities, 
 including anything so done, or caused to be done, in 
 such interval as aforesaid. 
 
 And I do, by these presents, appoint CD., of , my 
 
 attorney in my name to exercise and execute all or any 
 of the powers or authorities by the said recited power of 
 attorney given or conferred to or upon the said A.B. in 
 as full and ample a manner, to all intents and purposes, 
 as if the name of the said CD. had been inserted in 
 said recited power of attorney in the place of said A.B. 
 therein named ; and I hereby for myself, my heirs, execu- 
 tors, and administrators, ratify and confirm, and agree to 
 ratify and confirm, whatsoever my said attorney shall do 
 by virtue of these presents. 
 
 In witness, etc. 
 
 Sl(JNEI), SEALED, CtC. 
 
 u 
 
 :i I 
 
RELEASES. 
 
 ii 
 
 M 
 
 I if;' 
 
 t; 
 
 i%\ 
 
 GENERAL RELEASE 
 0/ all demands. 
 Know all men by these presents that T- 
 
 -of- 
 
 [in consideration of ] do hereby remise, release, and 
 
 forever discharge of- 
 
 his heirs, executors, and 
 
 administrators, of and from all manner of actions, causes 
 of action, debts, accounts, covenants, contracts, claims, 
 
 and demands whatsoever which against the said 1 
 
 ever had, now have, or which my heirs, executors, admin- 
 istrators, or assigns, or any of them hereafter can, shall, or 
 may have for or by reason of any cause, matter, or thing 
 whatsoever, from the beginning of the world to the date 
 of these presents. 
 
 In witness whereof I have hereunto set my hand 
 
 and seal this day of , i8 — . 
 
 Signed, sealed and delivered 
 in the presence of 
 
 i8- 
 
 MUTUAL RELEASE 
 By three persons. 
 
 This Indenture made this day of 
 
 Between A.B., of , CD., , and R.F., of . 
 
 WITNESSETH that [in consideration of ] every one 
 
 and every two of them, the said A.B., CD., and E.F., 
 
—of- 
 
 lease, and 
 itors, and 
 ms, causes 
 :ts, claims, 
 
 said 1 
 
 )rs, admin- 
 in, shall, or 
 2r, or thing 
 
 o the date 
 
 t my 
 
 hand 
 
 i8— , 
 
 of 
 
 every one 
 and E.F., 
 
 POWER OK ATTORNEY. 
 
 435 
 
 moneys to pay any premiums upon policies of insurance, 
 expenses of repairs or improvements, and other out- 
 goings in respect of any part of my real or personal 
 estate as my said attorney shall think fit ; and to receive 
 the dividends, interest, and income arising from my per- 
 sonal estate or any part thereof ; and for the purposes 
 aforesaid, or any of them, to sign my name to and 
 execute on my behalf all cheques, contracts, transfers, 
 assignments, and instruments whatever ; and also to 
 appoint and remove at his pleasure any substitute or 
 agent under him, in respect of all or any of the matters 
 aforesaid, upon such terms as my said attorney shall 
 think fit ; and generally to act in relation to my estate 
 and to the premises as fully and effectually in all respects 
 as I myself could do ; I hereby undertaking to ratify 
 everything which my said attorney, or any substitute or 
 agent appointed by him under the power in that behalf 
 hereinbefore contained, shall do or purport to do by 
 virtue of these presents. 
 
 In witness, etc. 
 
 Signed, sealed, etc. 
 
 POWER OF ATTORNEY 
 
 By a firm ^ to transact banking business. 
 
 Know all men by these presents that we- 
 
 -in the County of , trading 
 
 -and 
 
 -of the- 
 
 -of- 
 
 under the name, style, and firm of & Co., as [nature 
 
 of bu sines s\ do hereby constitute and appoint of the 
 
 of in the County of , , our and each of 
 
 our true and lawful attorney for us and each of us and in 
 
 ""I 
 
 m 
 
 i ''I 
 
 1 
 
 %. 
 
 \\\ :■ 
 
 M 
 
436 
 
 rOWEKS Of ATTORNEY. 
 
 i.'l 
 
 I H 
 
 our and each of our names and on our and each of our 
 behalf to sign, make, draw, accept, and endorse cheques, 
 promissory notes, drafts, and bills of exchange, make 
 contracts for advances, and give or pledge securities for 
 loans or advances, and on such terms as to our said 
 attorney may seem proper or necessary, and in our and 
 each of our names to receive from the Bank the pro- 
 ceeds of any such cheques, notes, drafts,bills of exchange, 
 contracts, or loans ; and generally for us and each of us 
 and in our and each of our names to do and transact 
 any business and to the same extent in our and each 
 
 of our behalf with the said Bank which we or 
 
 either of us could transact in person ; and generally in 
 our and each of our name to bind us and each of us to 
 any and all contracts, agreements, and guarantees to the 
 said bank for any sum or sums of money whatsoever in 
 the same manner as we or each of us could do in person, 
 we and each of us hereby ratifying whatever our and 
 each of our said attorney shall do in our or each of 
 our name. 
 
 And we and each of us further covenant and agree 
 with the said bank, in consideration of the said bank 
 accepting the acts done under this power, that we 
 and each of us shall be liable to the said bank for what- 
 ever contracts our and each of our said attorney shall 
 enter into with the said bank, or for whatever moneys 
 our and each of our said attorney shall borrow or 
 receive from the said bank, acting or assuming to act 
 under this power, and that without regard to whether the 
 contract or transaction in question is or is not within the 
 scope of his authority under this power. This power of 
 
Lch of our 
 ; cheques, 
 ige, make 
 urities for 
 > our said 
 n our and 
 nk the pro- 
 f exchange, 
 
 each of us 
 id transact 
 r and each 
 lich we or 
 generally in 
 ich of us to 
 ntees to the 
 hatsoever in 
 lo in person, 
 vex our and 
 
 or each of 
 
 It and agree 
 e said bank 
 er, that we 
 nk for what- 
 torney shall 
 ;ver moneys 
 borrow or 
 |ming to act 
 whether the 
 »t within the 
 [his power of 
 
 RELEASE TO EXECUTOR. 
 
 441 
 
 doth and do hereby release the others, and each of 
 them, their and each of their heirs, executors, adminis- 
 trators, and assigns, and their and each of their estates 
 and effects, from all sums of money, accounts, contracts, 
 agreements, covenants, bonds, actions, proceedings, 
 claims, and demands whatsoever, which any one or any 
 two of them, the said A.B., C.I)., and E.F., now hath 
 or have against the others, or either of them, for or by 
 reason or in respect of any act, matter, cause, or thing 
 whatsoever, up to and including the day of the date of 
 these presents. 
 
 In witness, etc. 
 
 Signed, sealed, etc. 
 
 RELEASE TO EXECUTOR 
 
 Or administrator. 
 
 Know all men by these presents that I of 
 
 do hereby acknowledge that I have this day had and 
 received of and from of , executor \or adminis- 
 trator] of the goods and estate of , late of , 
 
 deceased, the sum of dollars in full satisfaction and 
 
 payment of all sum or sums of money due to me, one of 
 the [children] of the said , deceased, as my distribu- 
 tive share of the estate of said , and therefore I the 
 
 said do by these presents remise, release, quit claim, 
 
 and forever discharge the said , executor [or admin- 
 istrator] as aforesaid, his heirs, executors, and adminis- 
 trators, of and from the claim for said distributive share, 
 
 I . 
 
 i'^:| 
 
 PI 
 
 I. 
 
 •si 
 
 I 
 
H ' ■'} 
 
 44: 
 
 RELEASES. 
 
 and of and from all actions, claims, and demands what- 
 soever for or by reason thereof, or of any other act, mat- 
 ter, cause, or thing whatsoever. 
 
 In witness, etc. 
 
 Signed, sealed, etc. 
 
 RELEASE BY LEGATEE 
 
 Of legacy charged on land. 
 Thls Lndenture made the day of- 
 
 -, 1 8-, 
 
 Between- 
 
 -of- 
 
 -, hereinafter called the releasor, of 
 
 the first part, and of , hereinafter called the 
 
 releasee, of the second part. 
 
 Whereas one , late of the of in the 
 
 County of , , died seized of the lands hereinafter 
 
 mentioned, having first made his last will and testament, 
 whereby he devised the lands hereinafter mentioned to 
 
 the releasee, subject to a legacy of in favour of the 
 
 releasor. 
 
 And whereas the releasee has paid and satisfied the 
 said legacy and all claims of the releasor against said 
 lands, and has requested the execution of these presents 
 to evidence such payment. 
 
 Now TFUS index JURE WITNESSETH that in considera- 
 tion of the premises and of the sum of one dollar of 
 lawful money of Canada now paid by the releasee to the 
 releasor, the receipt whereof is hereby acknowledged, 
 the releasor doth grant and release unto and to the use 
 of the releasee, his heirs, executors, administrators, and 
 assigns, all that certain parcel of land, situate, etc. 
 
n 
 
 RELEASE OF EQUITY OF REDEMPTION. 
 
 445 
 
 mds what- 
 ;r act, mal- 
 
 , 18-, 
 
 2 releasor, of 
 r called the 
 
 )f- in the 
 
 3s hereinafter 
 id testament, 
 mentioned to 
 favour of the 
 
 satisfied the 
 
 against said 
 
 lese presents 
 
 lin considera- 
 )ne dollar of 
 bleasee to the 
 fknowledged, 
 id to the use 
 listrators, and 
 Ite, etc. 
 
 -day of , 
 
 — the lands 
 
 Whereas i)y an indenture dated the — 
 
 18 — , did grant and mortgage unto- 
 
 hereinafter described for securing payment of the sum 
 of dollars and interest as therein mentioned. 
 
 Now THIS INDENTURE WITNESSETH that in Considera- 
 tion of dollars of lawful money of Canada, now paid 
 
 hy the said party of the second part to the said party of 
 the first part (the receipt whereof is hereby by him 
 acknowledged), he, the said party of the first part, doth 
 grant, release, and confirm unto the said party of the 
 second part, his heirs and assigns, all that certain parcel 
 of land, situate, etc., and also all estate, right, title, inter- 
 est, and equity of redemption of and in the said lands 
 which the said party of the first part now hath or may 
 hereafter claim, of, in, to, or out of the said lands. 
 
 To have and to hold unto the said party of the second 
 part, his heirs and assigns, to and for his and their sole 
 and only use forever, subject, nevertheless, to the reser- 
 vations, limitations, provisoes, and conditions expressed 
 in the original grant thereof from the Crown. 
 
 The said party of the first part covenants with the said 
 party of the second part that he has the right to grant 
 and release the equity of redemption of the lands before 
 described. And that the said party of the second part 
 shall have quiet possession of the said lands. And that 
 the said party of the first part will execute such further 
 assurances of the said lands as may be requisite. And 
 that the said party of the first part has done no act to 
 incumber the said lands. 
 
 In WITNESS, etc. 
 
 Signed, sealed, etc. 
 
 
 ^i 
 
 
 t; 
 
 
 1' 
 
 
 l^ 
 
 
 1 
 
 
 ^ ! 
 
i I' 
 
 446 RF.IJCASF.S. 
 
 RELEASE OF DOWER 
 
 By 7vid(nv. 
 
 This Indknturk made the day of 
 
 Bktwkkn A.B., of the of in the County of , 
 
 widow of E.l>., late of the same place, deceased, of the 
 first part, and CD., of the of in the (bounty of 
 
 18- 
 
 , , of the second part. 
 
 Wherkas the said E.B. by indenture dated the 
 
 day of , 18 — , for the consideration therein men- 
 tioned, did grant and convey to therein described, 
 
 his heirs and assigns, all that certain parcel of land, 
 situate, etc. 
 
 And wh ericas the said E.li. departed this life on the 
 
 day of , 18 — , leaving his wife, the party of the 
 
 first part, him surviving. 
 
 And whereas the party of the first part, the wife of 
 the said E.B., did not join in the execution of the said 
 indenture, and at the request of the party of the second 
 part she hath agreed to execute these presents for the 
 purpose of releasing her dower in the said lands and 
 premises hereinbefore described. 
 
 Now THIS indenture WITNESSETH that the party 
 of the first part, in consideration of the premises [and of 
 
 the sum of dollars of lawful money of Canada to her 
 
 in hand paid by the party of the second part, the receipt 
 whereof is hereby acknowledged], doth grant, release, 
 and quit claim unto the party of the second part, his 
 heirs and assigns, all her dower and right and title thereto 
 which she, the party of the first part, now hath in the said 
 
, i8-, 
 
 Linty of , 
 
 eased, of the 
 le County of 
 
 ated the 
 
 therein uien- 
 :in described, 
 ircel of land, 
 
 his life on the 
 le party of the 
 
 irt, the wife of 
 
 Ion of the said 
 
 of the second 
 
 lesents for the 
 
 lid lands and 
 
 lat the party 
 ^mises [and of 
 :anada to her 
 Irt, the receipt 
 \rant, release, 
 bond part, his 
 id title thereto 
 lath in the said 
 
 KKI.KASK OF UUWEK. 
 
 AA7 
 
 lands, or can, or may, or could, or might hereafter have or 
 claim in any wise howi:Gt.'ver in, to, or out of the said 
 lands. 
 
 To have and to hold the same unto the parly of the 
 second part, his heirs and assigns forever. 
 
 In witness, etc. 
 
 SiGNlCU, SEALED, CtC. 
 
 RELEASE OF DOWER 
 7i}' wife. 
 
 This Indf'.nture made the day of , i8 — , 
 
 Between A.H., of the of in the County of , 
 
 wife of E.B., of the same place, , of the first part ; the 
 
 said E.B., of the second part ; and C.I)., of the third part. 
 
 Whereas the party of the second part, the present 
 husband of the party of the first part, by an indenture 
 
 dated the day of , i8 — , for the consideration 
 
 therein mentioned, did grant and convey to therein 
 
 described, his heirs and assigns, all that certain parcel of 
 land, situate, etc. 
 
 And whereas the party of the first part did not join 
 in the execution of the said indenture for the purpose of 
 barring her dower in the said lands, and she hath, at the 
 request of the party of the third part, agreed to execute 
 these presents by and with the full consent of the party 
 of the second part, testified by his execution hereof. 
 
 Now THIS indenture WITNESSETH that the party of 
 the first part, in consideration of the premises [and of the 
 sum of dollars of lawful money of Canada to her in 
 
 « 
 
 W W 
 
 %\ 
 
 \'\ 
 
 \\ 
 
 III 
 
 i'' » 
 
 ;fi 
 
iii'l! i 
 
 it! 
 
 i J 
 
 448 
 
 RELEASIiS. 
 
 hand paid hy the party of the third part, the receipt 
 whereof is hereby acknowledged], doth (with the appro- 
 bation and consent of the party of the second part) grant 
 and release unto the party of the third part, his heirs and 
 assigns, all her dower and right and title thereto which 
 she, the party of the first part, now hath, or, in the event 
 of her surviving her said husband, the party hereto of 
 the second part, may have i»'. the said lands, or can, or 
 may, or could, or mipht hereafter have or claim in any 
 wise howsoever i»:, to, or out of the said lands. 
 
 To have r.iid to hold the same unto the [)arty of the 
 third ;:..rt, his heirs and assigns forever. 
 
 In wiTNiiss, etc. 
 
 Signed, sealkd, etc. 
 
 SURRICNDER OF LEASE. 
 
 To he oidorsed on lease. 
 
 Know aij, mkn by these presents that I, A.B., of 
 -, [in consideration of dollars now paid to me by 
 
 C.I)., of , the lessee named in the within indenture 
 
 of lease (the receipt v/hereof is hereby acknowledged)), 
 as beneficial owner do hereby assign and surrender unto 
 the said CD., his heirs, executors, administrators, and 
 assigns, the lands and premises described in the within 
 indenture of lease and the unexpired residue of the term 
 of years created by the said indenture. 
 In witness, etc. 
 
 SlCN^LD, SEALED, CtC. 
 
SURRENDER OF LEASE. 
 
 449 
 
 SURRENDER OF LEASE. 
 By separate instrument. 
 This Indenture made the day of- 
 
 -, i8— , 
 
 Between A.B., of \lessee\ of the one part, and C.I)., 
 
 of \lessor\ of the other part. 
 
 Whereas by an indenture dated the day of , 
 
 18 — , and made between the said CD., of the first part, 
 and the said A.B., of the second part, the said CD. did 
 demise and lease unto the said A.B. all that certain par- 
 cel of land and premises, situate, etc., for the term of 
 
 years from the day of , 18 — , at the yearly 
 
 rent of dollars, and subject to the covenants and 
 
 conditions therein contained and on the part of the 
 lessee to be observed and performed. 
 
 And whereas the rents and covenants reserved by 
 and contained in the said in part recited indenture of 
 lease, and on the part of the said lessee to be paid, 
 observed, and performed, have been duly paid, observed, 
 and performed by the said A.B. up to the date of these 
 presents, and the said A.B. has agreed to surrender the 
 said premises to the said ( M). ; 
 
 Now THIS indenture WITNESSETH that [in considera- 
 tion of dollars now paid by the said CD. to the said 
 
 A.B., the receipt whereof is hereby acknowledged,] the 
 said A.B. hereby assigns and surrenders unto the said 
 C.D., his heirs, executors, administrators, and assigns, all 
 the lands and premises comprised in and demised by 
 the said indenture of lease, to the intent that the unex- 
 pired residue of the said term of years created by the 
 
 said indenture of lease, and all other the estate and 
 
 
 .1 
 
»!■ ?! 
 
 ! ,1; 
 
 ■ ■ 'i 
 
 .* 5, 
 
 f t^ Ft)'*." 
 
 450 
 
 RRI.EASKS. 
 
 interest of the said A.B. in the said premises, under or 
 
 by virtue of the said indenture, may be merged and 
 
 extinguished in the reversion and inheritance of the said 
 
 premises. 
 
 And the said A.B., for himself, his heirs, executors, 
 
 and administrators, doth hereby covenant with the said 
 CD., his heirs, executors, administrators, and assigns, 
 that he, the said A.B., now hath in himself good right, 
 full power, and absolute authority to assign and sur- 
 render the said lands and premises in manner aforesaid, 
 and that he hath not, at any time, done or executed any 
 act, deed, matter, or thing whereby the said lands and 
 premises, or any part thereof, are, is, shall, or may be in 
 any wise cl.arged or incumbered. 
 
 In witness, etc. 
 
 Signed, sealed, etc. 
 
 Mi 
 
s, under or 
 
 lerged and 
 
 of the said 
 
 , executors, 
 ith the said 
 .nd assigns, 
 ■ good right, 
 rn and ir 
 er aforesaul, 
 ixecuted any 
 id lands and 
 Dr may be in 
 
 SEPARATION. 
 
 DEED OF SEPARATION 
 
 Between husband and wife. Trustee indemnifying hus- 
 band against ivife's debts* 
 
 "his Indenture made the day of , i8 — , 
 
 Between A.B., of [husband]^ of the first part ; C.B., 
 
 of , wife of the said A.B., of the second part ; and 
 
 Tii.F., of [trustee], of the third part. 
 
 Whereas unhappy differences have arisen between 
 the said A.B. and C.B., his wife, and they have conse- 
 quently agreed to live separate from each other for the 
 future, and to enter into such arrangement as is herein- 
 after expressed. 
 
 And whereas the said A.B. and C.B., his wife, have 
 
 two children, namely, L.B., now of the age of years, 
 
 and M.B., now of the age of years. 
 
 Now THIS INDENTURE WITNESSETH that in pursuancc 
 of the said agreement, and in consideration of the pre- 
 mises and the covenants hereinafter contained on the 
 part of the said C.B. and E.F., the said A.B. hereby 
 covenants with the said C.B., and also by way of sepa- 
 rate covenant with the said E.F. as her trustee, that the 
 said C.B. shall and may at all times hereafter, notwith- 
 
 *\If the wife has ho separate estate , it is neussary for a trustee to 
 covenant on her behalf. \ 
 
 \ 111 
 
 
 ii 
 
 \ 
 
 1 ' ■ 
 
 i 
 
 8 ' i 
 
 'I '■ 
 
 ' J 
 
 

 •!., 
 
 ft !, ;; 
 
 e I. 
 
 J 1 
 
 
 452 
 
 SEPARATION. 
 
 Standing her coverture, live separate and apart from the 
 said A.B as if she were a feme sole, and shall hence- 
 forth be freed from the control and authority of the said 
 A.B., and shall reside in such place or places and in 
 such manner as she shall think fit, and that the said 
 A.B. will not at any time hereafter require her to live 
 with him, or institute any legal proceedings, or take any 
 other steps whatsoever for that purpose, and will not in 
 anywise molest or interfere with the said C.B. in her 
 manner of living or otherwise, and also that he, the said 
 A.B., will during the joint lives of himself and the said 
 C.B., if they shall so long live separate from each other 
 [and the said C.B. shall lead a chaste life], pay to the 
 
 said E.F. the annual sum of dollars in trust for the 
 
 said C.B., for her sole and separate use, and so that she 
 shall not have power to dispose thereof in the way of 
 anticipation, the said annual sum to be paid by equal 
 
 half-yearly payments on the day of , and the 
 
 day of in every year, the first payment to be made 
 
 on the day of next. But so nevertheless that 
 
 the said annual sum shall cease if the marriage between 
 the said A.B. and CD. shall at any time hereafter be 
 dissolved by a court of competent j.irisdiction. And 
 also that all property (if any) now belonging to the said 
 C.B. for any estate or interest, whether in possession, 
 reversion, or otherwise, shall belong to her for her sole 
 and separate use. And that if the said C.B. shall die in 
 the lifetime of the said A.B. all property (if any) of the 
 said C.B., which but for this covenant would on her 
 death go and belong to the said A.B., shall go to the 
 person or persons and in the manner to whom and 
 
DKKD OF SEPARATION. 
 
 453 
 
 t from the 
 all hence- 
 )f the said 
 es and in 
 t the said 
 ler to live 
 )r take any 
 will not in 
 :.B. in her 
 he, the said 
 id the said 
 each other 
 pay to the 
 rust for the 
 1 so that she 
 the way of 
 id by equal 
 nd the 
 
 which the same would have gone if the said A.B. had 
 died in her lifetime. 
 
 And this indenture also witnesseth that in further 
 pursuance of the said agreement, and in consideration 
 of the premises, the said C.B., and also the said E. F. as 
 her surety, hercl)y jointly and severally covenant with 
 the said A.B. tliat they, the said C.B. and E.F., will at 
 all times hereafter during the continuance of the said 
 separation keep indemnified tlie said .V.B. from and 
 against all debts anil liabilities hereafter to be con- 
 tracted or incurred by the said C.B., whether for her 
 wearing ap[)arel, maintenance, support, or otherwise, and 
 from and against oil claims and demands for or on 
 ace )unt of the sanu. And, further, that the said C.B., 
 or any person on her behalf, shall not nor will at atiy 
 lime hereafter commence or prosecute any action or 
 other [)roceeding for com[)elling th.e said A.l). to cnhabil 
 with her, the said C.B., or to allow her any support, main- 
 tenance, or alimony (excei)t the said aimual sum herein- 
 before covenanted to be paid to her), and shall not nor 
 will molest the said A.B. in any manner. And it is 
 hereby agreed that the said A.B. shall have the custody 
 of the said LB., and the said C.B. shall have the cus- 
 Uidy of the said M.B., and that the said A.B. shall have 
 access to the said iM.B., and the said C.B. shall have 
 access to the said L. B., under such arrangements as 
 shall from time to time be made between them for that 
 purpose, or, if they shall be unable to agree, then under 
 such arrangements as shall be made by the said E.V. 
 
 In witnkss, etc. 
 
 SiCiNED, SEALED, CtC 
 
 » 1 
 
 ! 
 
 ^ I 
 
 li 
 
454 
 
 SKI'AKATION. 
 
 ^^i 
 
 I ; M 
 
 \ 
 
 :' Mi 
 
 . t 
 
 Hi 
 
 DEED OF SEPARATION 
 
 Between husband and wifi\ without a trustee. 
 
 This Indknture made the day of , i8 — , 
 
 Bi:twf:en A.B., of \liushand\ of the one part, and 
 
 C.B., the wife of the said A.B., of the other part. 
 
 Whereas unhappy differences have arisen l)etween 
 the said A.B. and C.H., and they have agreed to live 
 sci)arate from each other in future, and to enter into 
 such arrangement as is hereinafter expressed. 
 
 And whereas by an indenture of settlement dated 
 
 the day of , 18 — , and made previously to the 
 
 marriage of the said A.B. and C.B. between \state par- 
 ties\ of which indenture E.F. and G.H. are the present 
 trustees, divers moneys and property (therein called *' the 
 husband's trust funds," and " the wife's trust funds," re- 
 spectively) were settled by and on the part of the said 
 A.B. and C.B., respectively, upon trusts under which 
 the income of the husband's trust funds is payable to 
 the said A.B., and the income of the wife's trust funds is 
 payable to the said C.B. for her separate use without 
 power of anticipation during the joint lives of the said 
 A.B. and C.B., and the income of all the said trust funds 
 is payable after the decease of either of them to the sur- 
 vivor of them during his or her life ; and whereas there 
 has been no issue of the said marriage ; 
 
 Now THIS INDENTURE WITNESSETH that in Considera- 
 tion of the premises it is hereby agreed and declared 
 between and by the parties hereto as follows : 
 
 (i) The parties hereto will henceforth live separate 
 from each other, and neither of them will take proceed- 
 
 Ijflfi; -^jf 
 
i 
 
 DKED OK SEPARATION. 
 
 455 
 
 18—, 
 irt, and 
 
 )etween 
 
 to live 
 
 iter into 
 
 nt dated 
 
 ly to the 
 
 ^tate par- 
 
 e present 
 
 died " the 
 
 [unds," re- 
 the said 
 er which 
 
 Layable to 
 it funds is 
 ,e without 
 If the said 
 ;rust funds 
 [to the sur- 
 reas there 
 
 considera- 
 declared 
 
 [e separate 
 re proceed- 
 
 ings against the other for restitution of conjugal rights, 
 or molest, or annoy, or interfere witli the other in any 
 manner whatsoever. 
 
 (2) The yearly sum of dollars, part of the income 
 
 of the husband's trust funds settled by the said indenture 
 of settlement, shall be paid to the said C.B. for her sole 
 and separate use, without power of anticipation, during the 
 joint lives of the said A.B. and C.H., if they shall so long 
 live sei)arate from each other [and she shall continue to 
 lead a chaste life], by equal half-yearly payments on the 
 
 day of , and the day of in every year, 
 
 the first payment to be made on the day of next ; 
 
 and the said A.B. hereby assigns the said yearly sum to 
 the said C.B., and directs the trustees of the said inden- 
 ture of settlement to pay the same to her accordingly. 
 
 (3) All property (if any) now belonging to the said 
 C.B. for any estate or interest, whether in possession, 
 reversion, or otherwise, shall belong to her for her sepa- 
 rate use. 
 
 (4) The said C.B. will pay her own debts, and keep 
 the said A.B. indemnified therefrom, and if the said C.B. 
 shall make default in observing this covenant all moneys 
 which shall be paid by the said A.B. in respect of any 
 debt or liability of the said C.B. shall be refunded to 
 him out of the yearly sum payable to the said C.B. 
 under Article 2. 
 
 (5) The petition of the said C.B. for a divorce shall be 
 withdrawn, and all costs incurred in relation thereto 
 shall be paid by the said A.B. [or the action now pend- 
 ing in the Division of the High Court of Justice shall 
 
 be dismissed, with costs to be paid by the said A.B. to 
 
 
 ., ' ? 
 
1i|.P: 
 
 mm0k 
 
 i 
 III 
 
 > 4' 
 
 ' I." 
 
 ■'i 
 
 456 
 
 SEPARATION. 
 
 the said C.H.], and no new or other proceedings or action 
 shall he taken hy either pprty on account of any alleged 
 misconduct of either party before the date of these 
 presents. 
 
 And the said A.B. and CD., for themselves, their 
 heirs, executors, and administrators, respectively, cove- 
 nant each with the other of them, his or her heirs, 
 executors, administrators, and assigns, that they will from 
 time to lime and at all times hereafter, upon every reason 
 able re(iuest, and at the costs of the other of them, his 
 or her heirs, executors, administrators, and assigns, exe 
 cute and do all further assurances and things for tlie 
 purpose of giving full effect to the covenants, agreements, 
 and provisions herein contained. 
 
 In wiTNKSs, etc. 
 
 Si(iNFl), SKALEU, CtC. 
 
 
 :' 
 
s or action 
 ny alleged 
 J of these 
 
 lives, their 
 vely, cove- 
 her heirs, 
 ;y will from 
 very veasoiv 
 )f them, his 
 assigns, exe- 
 ings for tlio 
 agreements. 
 
 SETTLEMENTS. 
 
 SETTLEMENT OF TERSONAE ESTATE 
 
 /'or benefit of husband and wife successively for iife, and 
 after death of sur7'ivor to issue. 
 
 This Indkxti .jk made the— — day of , 18 — , 
 
 l^KTWKKN A.H., of [intended husband], of the first 
 
 part; C.I)., of [intended 7i'ife\ of the second part; 
 
 and E.F., of , and (I.H., of , hereinafter called 
 
 the trustees, of the third part. 
 
 Whkreas a marriage is intended shortly to he solemn- 
 ized between the said A.B. and the said CD. 
 
 And whi:ki:as the said \.\\. has before his execution 
 
 of these presents transferred [ shares of stock of the 
 
 Bank] into the names of the said E. l'\ and (i.II., 
 
 and has assigned [ shares of the Company of the 
 
 present value of dollars per share] unto the said 
 
 E.F. andC.H. 
 
 Now THIS IXDKXTURK wiTNKSSKTH that. In considera- 
 tion of the said intended marriage, it is hereby agreed 
 and declared that the said E.F. and G.H. shall stand 
 possessed of the said stock and shares in trust for the 
 said A.B. until the said intended marriage ; and, after 
 the said intended marriage, 
 
 To retain or chani:;e present investments. 
 
 In trust that the trustees shall either retain the same, 
 or with the consent in writing of the said A.li. and C. 1). 
 
458 
 
 SKTTLEMENTS. 
 
 ! 
 
 during their joint lives, and of the survivor of them (lur- 
 ing his or her Ufe, and after the decease of such survivor 
 at the discretion of the trustees, sell the same, and invest 
 the moneys [)roduced by such sale, with power from time 
 to time with such consent or at such discretion as afore- 
 said to vary the investments, and shall stand possessed 
 of the said stock and shares and the investments for the 
 lime being rc[)rosenting the same (hereinafter called the 
 trust funds) 
 
 To pay income to liushand and wife sucu'Siivcly for /i/e, 
 
 and then to issue. 
 
 Tn trust to pay the income thereof to the said A.H. 
 during his life, and after his decease to the said CD. 
 during her life, and after the decease of the survivor of 
 the said A.B. and CD. in trust for such child, children, 
 or remoter issue of the said intended marriage, at such 
 age or time, or ages or times (not being earlier as to any 
 object of this power than his or her age of twenty-one 
 years or day of marriage), in such shares, if more than 
 one, upon such conditions, and in such manner as 
 the said A.B. and CD. shall by any deed or deeds 
 jointly appoint. And in default of such appointment, 
 and so far as any such appointment shall not extend, 
 then as the survivor of them, the said A.B. and CD., 
 shall by any deed or deeds, or by his or her will, appoint ; 
 and in default of such appointment, and so far as any 
 such appointment shall not extend, in trust for all the 
 children of the said intended marriage who, being sons, 
 shall attain the age of twenty-one years, or, being daugh- 
 ters, shall attain that age or marry under that age, in 
 
:m dur- 
 urvivor 
 1 invest 
 )ni time 
 s afore- 
 jsscsscd 
 i for the 
 illed the 
 
 for life, 
 
 aid A.H. 
 lid CD. 
 irvivor of 
 children, 
 at such 
 s to any 
 entyone 
 lore than 
 lanner as 
 ir deeds 
 lintment, 
 extend, 
 id CD., 
 [appoint ; 
 ir as any 
 |r all the 
 |ing sons, 
 |g daugh- 
 it age, in 
 
 SF.TTI.F.MENT OF PKRSONAI- KSTATK. 
 
 450 
 
 equal shares ; and if there shall be hut one such child, 
 then the whole to be in trust for that one child. 
 
 Jfotchpot. 
 
 liut so, nevertheless, that no child who, or any of 
 whose issue, shall take any part of the trust funds under 
 any such appointment as aforesaid shall be entitled to 
 any share of the unaj)pointed part of the trust funds, 
 without bringing the share or shares ai)pointed to him 
 or her or to his or her issue into hotchpot, and account- 
 ing for the same accordingly, unless the i)crsons or per- 
 son making . nch appointment shall thereby direct the 
 contrary. And if there shall be no child of the said 
 intended marriage, who, being a son, shall attain the age 
 of twenty-one years, or, being a daughter, shall attain 
 that age or marry under that age, then in trust for the 
 said A.H. absolutely. 
 
 Advancement. 
 
 And it is further declared that the trustees may at any 
 timt; or times, with the consent in writing of the said 
 A.IJ. and CD. during their joint lives, and of the sur- 
 vivor of them during his or her life, and, after the decease 
 of such survivor, at the discretion of the trustees, raise 
 any part or parts not exceeding together one moiety of 
 the vested or expectant share of any child or remoter 
 issue of the said intended marriage under these presents, 
 or under any such appointment as aforesaid, and may 
 apply the same for his or her advancement, preferment, 
 or benefit as the trustees shall think fit. 
 
 
IMAGE EVALUATION 
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 Photographic 
 
 Sdences 
 
 Corporation 
 
 23 WEST MAIN STREET 
 
 WEBSTER, N.Y. 14580 
 
 (716)872-4503 
 

 s 
 
 
 
 C^'/' 
 
 CA 
 
 <\ 
 
460 
 
 SKTTI-KMENTS. 
 
 M i 
 
 > I.' 
 
 .'I ' « 
 
 
 
 i . 
 
 
 Investments. 
 
 And it is further declared that all moneys liable to he 
 invested under these presents shall be invested in such 
 securities as are authorized by law for trust funds. \See 
 also investments mentioned on p. 42j.\ 
 
 Solicitor-tnistec. 
 
 And it is further declared that the trustees may, if 
 they think fit, instead of acting personally, em[)loy and 
 pay a solicitor, or any other person, to transact any 
 business or do any act required to be done in 
 connection with the trust, including the receipt and pay- 
 ment of moivjy, and that any trustee of these presents 
 being a solicitor, or other person engaged in any profes- 
 sion or business, may be so employed and shall be entitled 
 to charge aiid be paid all professional and other charges 
 for any business or act done by him in connection with 
 the trust, including any act which a trustee, not being a 
 solicitor or other person engaged as aforesaid, could have 
 done 'personally. 
 
 Provided always that if the said intended marriage 
 shall not be solemnized within twelve calendar months 
 from the. date hereof these presents shall be void, and 
 the stocks and shares hereby settled shall be re- trans- 
 ferred to the said A.B. 
 
 And provided that the powers hereinbefore given to 
 the trustees may be exercised by the survivors and sur- 
 vivor of them, and the executors and administrators of 
 such survivor. 
 
 In witness, etc. 
 
 Signed, sealed, etc. 
 
SETTLEMENT OF PERSONAL ESTATE. 
 
 4<'I 
 
 il 
 
 able to be 
 d in such 
 nds. [Scf 
 
 ;es may, if 
 mploy and 
 ansact any 
 I done in 
 pt and pay- 
 se presents 
 any profts- 
 l be entitled 
 her charges 
 icction with 
 noi being a 
 , could have 
 
 led marriage 
 
 dar months 
 
 le void, and 
 
 be retrans- 
 
 )re given to 
 )rs and sur- 
 Inistrators of 
 
 SETTLEMENT OF PERSONAL ESTATE. 
 
 {Short Form.) 
 
 This Indenture made the day of , i8 — , 
 
 Between A.B., of the of in the County of , 
 
 bachelor, of the first part ; C.I)., of the of in the 
 
 County of , spinster, of the second part ; and E.F., 
 
 of , and G.H., of \trustees\ of the third part. 
 
 WITNESSETH that, in consideration of an intended 
 marriage between the said A.B. and CD., it is agreed 
 as follows : 
 
 The said E.F. and G.H. shall hold dollars trans- 
 ferred into their name's by the said [and the lease of 
 
 at in the County of , assigned to them by 
 
 the said -by an indenture of even date herewith], 
 
 upon trust that they and the survivor of them, his 
 executors and administrators, or their or his assigns, 
 after the said marriage, and during the joint lives of the 
 said parties, shall pay the income of the trust premises 
 to the said C.I), for her sole and separate nse (and with- 
 out power of anticipation), and after the death of either 
 of them, the said A.B. or CD., to the survivor during his 
 or her life. 
 
 Subject to the foregoing trusts, the premises shall be 
 held upon trust for such children or child of the mar- 
 riage, and in such manner as the said parties shall by 
 deed appoint ; and so far as there shall be no such 
 appointment, then as the survivor shall by deed, will, or 
 codicil appoint ; and, so far as the same shall be unap- 
 pointed, in trust for the children of the marriage equally 
 (or child, if but one), who shall attain twenty-one, or 
 
 V 
 
 
462 
 
 SETTLEMENTS. 
 
 f- 
 
 Hi' I' -ii' f m 
 
 
 f( 
 
 
 111: 
 
 (being a daughter or daughters) shall marry, but so that 
 no child shall take an unappointed share without bring- 
 ing his or her appointed share into account. 
 
 And on failure of the foregoing trusts, upon trust for 
 the party of the first part, his executors and adminis- 
 trators. 
 
 In witness, etc. 
 
 Signed, sealed, etc. 
 
 CONVEYANCE TO TRUSTEES. 
 
 Conveyance of real estate^ to sell and hold the proceeds on 
 the trusts of a collateral settlement. 
 
 This Indenture made the day of , 18 — , 
 
 Between A.B., of [intended husband\ of the first 
 
 part ; CD. [intended wife\ of the second part ; and E.P\, 
 
 of , and G.H., of , hereinafter called the trustees, 
 
 of the third part. 
 
 WITNESSETH that, in consideration of a marriage 
 intended shortly to be solemnizod between the said 
 A.B. and the said CD., the said A.B. hereby grants 
 and conveys unto the said E.F. and G.H. all that cer- 
 tain parcel of land, situate, etc. 
 
 To hold the same unto and to the use of the trustees in 
 fee simple, in trust for the said A.B. in fee simple 
 until the said intended marriage, and, after the said 
 marriage, upon trust that he trustees shall, upon the 
 request of the said A.B. during his life, and after his 
 decease upon the request in writing of the said CD. 
 during her life, and after the decease of the survivor of 
 
but so that 
 hout bring- 
 on trust for 
 id adminis- 
 
 2S. 
 
 ? proceeds on 
 
 t. 
 
 »f , i8— , 
 
 of the first 
 rt; andE.F., 
 i the trustees, 
 
 a marriage 
 leen the said 
 »ereby grants 
 all that cer- 
 
 Jthe trustees in 
 |n fee simple 
 ifter the said 
 [all, upon the 
 and after his 
 Jthe said CD- 
 Ihe survivor of 
 
 CONVEYANCE TO IRUSTEES. 
 
 463 
 
 them, the said A.li. and C.I)., at the discretion of the 
 trustees, sell the said lands and premises, and shall 
 receive the moneys which shall arise from any such sale 
 as aforesaid, and after paying and letaining thereout the 
 costs and expenses attending such sale shall stand pos- 
 sessed of the residue of the said moneys, ui)on such 
 trusts and with and subject to such powers and pro- 
 visions as are expressed and declared concerning the 
 same by an indenture bearing even date herewith, and 
 made between \recite parties\ 
 
 And upon further trust that in the meantime, and 
 until such sale as aforesaid, the trustees shall permit the 
 rents and i)rofits of the said hereditaments to be received 
 by the said A.B. during his life, and after his decease 
 by the said CD. during her life; and so that each of 
 them, the said A.B. and C.I)., while entitled to receive 
 llie rents and profits as aforesaid, shall have all the rights 
 and privileges of a tenant for life, without impeachment 
 of waste, and after the decease of the survivor of the 
 said A.B. and C.I), shall stand possessed of the said 
 rents and profits upon the trusts declared concerning the 
 same by the indenture above referred to. 
 
 And the party of the first part, for himself, his heirs, 
 executors, and administrators, covenants with the 
 trustees that he will from time to time, but at the costs 
 of the trustees, make and execute such further assurances 
 t)f the said lands as by the trustees shall reasonably be 
 required. 
 
 In WITNESS, etc. 
 
 Signed, sealed, etc. 
 
 If 
 
 '!l 
 
 
 ir 
 
 f 
 
 I 
 
 * 1 
 
464 
 
 SETTLEMENTS. 
 
 
 !' 
 
 APPOINTMENT OF REAL ESTATE 
 
 Under a power in a viarriage settlement, to a son in fee 
 without prejudice to life estate. 
 
 Know all men by these presents, that whereas by an 
 
 indenture dated the day of , 18 — , certain lands 
 
 and tenements were conveyed to the trustees therein 
 named in trust from and after the solemnization of the 
 
 then intended marriage, to the use of me of 
 
 during my life, with remainder to the use of — 
 
 -, my 
 
 intended wife, during her life ; with remainder to the use 
 of such one or more of the children of the said intended 
 marriage, in such parts, shares, and pro[)ortions as I and 
 my said intended wife should, by deed, jointly appoint ; 
 and in default of such appointment, then as the survivor 
 should by deed or will appoint ; and whereas my said 
 
 wife died on the day of , 18 — , and the said joint 
 
 power of appointment was never exercised. 
 
 And whereas there were issue of the said marriage 
 
 ; and 
 
 two children only, that is to say and — 
 
 whereas I am desirous of making such appointment as is 
 hereinafter contained. 
 
 Now THESE presents WITNESS that in exercise and 
 execution of the power given to me by the said inden- 
 ture, and of every other power in any wise enabling me 
 in that behalf, I hereby irrevocably appoint that all the 
 said lands and tenements which now are by any means 
 whatsoever subject to the uses of the said indenture 
 shall, subject and without prejudice to the life estate 
 limited to me by the said recited indenture, henceforth 
 
DISCLAIMER OF TRUSTS. 
 
 465 
 
 go and remain to the use of , one of said children. 
 
 1o have and to hold to him, his heirs and assigns 
 forever. ° 
 
 In witness, etc. 
 
 Signed, spialed, etc. • 
 
 aid intended 
 ons as I and 
 Uly appoint ; 
 the survivor 
 ■eas my said 
 the said joint 
 
 DISCLAIMER OF TRUSTS 
 
 Of a settlement, to he 7vriiten at foot of settlement. 
 Know all men by these presents that I, A.I?., of- 
 
 (who am named as a party to and trustee of the above 
 written indenture), hereby declare that I have not ac- 
 cepted ihe trusteeship, nor acted in any manner as a 
 trustee thereof. And I disclaim the said trusteeship and 
 all estates, interests, and powers by the said indenture 
 expressed to be vested in me. 
 In witness, etc. 
 
 intment as is 
 
 exercise and 
 e said inden- 
 enabling me 
 that all the 
 ly any means 
 id indenture 
 le life estate 
 e, henceforth 
 
ITT" 
 
 WILLS. 
 
 I f 
 
 1,1 
 
 !.'»r 
 
 '.'' 
 
 1 
 
 
 THK WII.LS ACT OF ONTARIO. 
 
 (R.S.O., c. 109.) 
 
 General directions coucernitr^ wills. 
 
 A testator must he of sound mind, and tiventy-one years 
 0/ a!:;e (s. 11). A 7vill must he in 7vritin;^\ and sii:;ned at 
 the foot or end thereof hy the testator (person making the 
 will), or hy some other person in his presence, and hy his 
 direction ; and such signature shall he made or ackno7vledged 
 hy the testator, in the presence of two or more 7vitnesses 
 present at the same tinu\ and such witnesses shall attest 
 and suhscrihe the will in the presence of the testator ; hut 
 no form of attestation shall he necessary (s. 12). 
 
 Any alteration made in a will after its execution must 
 he attested hy the si}; nature or initials of the testator and 
 the hvo witnesses. Such attestation may he made hy 7vrit- 
 ing the initials of the testator and the two witnesses in the 
 margin of the ivill opposite the alteration (s. 2j). 
 
 No person taking any benefit under a will should he a 
 witness, for although the 7vill would not be affected there- 
 by, yet a gift to an attesting witness or to the husband or 
 7vife of such 7vitness is void ( s. ij). An executor may be 
 a zvitness (s. ig); but as any legacy to him would be void, 
 it is better that he should not be one. 
 
 A will speaks from death only (s. 26). Property 
 acquired by the testator subsequently to the date of the will, 
 but 07vned by him at the time of his death, may be disposed 
 of by 7vill (s. 10). 
 
ne years 
 ii^/ied at 
 kiii^ the 
 i /}}' his 
 nvkd^ed 
 vitnesses 
 II attest 
 'or ; but 
 
 'on must 
 
 itor and 
 
 by writ- 
 
 s in the 
 
 Id be a 
 d there- 
 hand or 
 may be 
 be voidy 
 
 'Property 
 'he willy 
 disposed 
 
 srccF.ssioN nuTV. 
 
 467 
 
 A will is revoked ( i ) by the subsequent marriage of the 
 testator ; (2) by another will or codicil properly executed ; 
 (3) h' some writing declaring an intention to revoke the 
 will, and executed in the same manner as a 7vill ; or (4) 
 by the testator, or some person in his presence and by his 
 direction, burning, tearing, or otherivise destroying it, with 
 the intention of revoking it (s, 22). 
 
 THE SUCCESSION DUTY ACT. 
 
 (55 Vict.,c. 6., Ont.) 
 
 In Ontario, when an estate of a greater value than 
 $10,000 passes by will it is liable, except in a feiv cases, 
 to a succession duty, which varies in amount according to 
 the value of the estate. This duty must be paid ivithin 
 eighteen months of the death of the deceased. 
 
 IVhen the whole value of the estate, after payment of all 
 debts and expenses of administration, is not above $10,000 
 it is exempt from duty, as is also any property given for 
 religious, charitable, or educational purposes. 
 
 If the estate exceeds in value $10,000, and a portion of 
 it, exceeding in value $200, is devised or bequeathed to any 
 one person, such portion is liable to the duty ; but property 
 given to the father, mother, husband, 7vife, child, grand- 
 child, daughter-in-law, or son-inlaw of the deceased is 
 exempt ivhen the whole value of the deceased'' s estate does 
 not exceed $100,000. 
 
 If a testator desire that this duty should not be deducted 
 
 from any particular legacy, but be paid out of his general 
 
 estate, or othenvise, insert in the bequest or devise the 
 
 words '■^ free from succession duty,^' or werds to that effect. 
 
 Mi 
 
 
 t 
 
 
468 
 
 WILLS. 
 
 WILL. 
 
 Giving everything to one person and appointing him 
 
 sole executor. 
 
 This is the last will and testament of me, A.B., of the 
 of in the County of , [I hereby revok- 
 ing all former wills]. 
 
 I give all my property to , and appoint him [or 
 
 her] the sole executor [or executrix] of this my will. 
 
 In witness wukrkof I have set my hand this 
 
 day of , 1 8 — . 
 
 SiGNKD, published, and de- 
 clared by the above-named A.B., 
 testator [or testatrix], as and for 
 his [or her] last will and testa- 
 ment, in the presence of us both 
 
 present at the same time, who, . ^signatnreof testator.] 
 at his [or her] request, and in 
 his ['V her] presence, have here- 
 unto subscribed our names as 
 witnesses. 
 
 [Signature of t7vo witnesses.] 
 
 WILL 
 
 Giving everything to 7vifefor life and then to children. 
 
 This is the last will and testament of me, A.IJ., of 
 
 the of in the County of , , I hereby 
 
 revoking all former wills at any time made by me. 
 
 I appoint C.I)., of ■., and E.F., of , hereinafter 
 
 called " my trustees,'' to be the executors and trustees of 
 
WII.I. 
 
 469 
 
 ',., of the 
 y rc'vok- 
 
 hini {or 
 will, 
 this 
 
 f testator.^ 
 
 children. 
 
 A.B.,of 
 
 I hereby 
 
 11c. 
 lereinafter 
 
 Irustees of 
 
 this my will ; and I appoint my wife during her life, and 
 after her death my trustees, to be the guardian and 
 guardians of my infant children ; I give all my pr{)[)erty 
 unto my trustees in trust to convert the same into 
 money, and invest the proceeds in any investments 
 authorized by law for trust funds, with jHjwer to vary such 
 investments at their discretion ; and to pay the income 
 of the proceeds to my wife during her life, and after her 
 death to divide tne corpus ecjually among all my chil- 
 dren who, being sons, attain the age of twenty one years, 
 or, being daughters, attain that age or marry, with [)ower 
 for my trustees, with the consent of my said wife if 
 living, and, if not, at their own discretion, to raise the 
 whole or any part of the presumptive share of any 
 infant child, and to ai)[)ly the same for his or her 
 advancement or benefit. And I emi)ower my trustees 
 to postpone the conversion of any part of my i)roi)erty 
 for so long as they shall think fit, and the income of any 
 property remaining unconverted shall, from the time of 
 my death, be paid and aj)plied in the same manner as 
 the income of the proceeds thereof would h^ve been 
 payable and applicable for the time being if the same 
 had been converted. 
 
 In wiTNE.ss, etc. 
 
 Signed, etc. 
 
 WILT.. 
 
 With special clauses^ devises, a>id beqncsls. 
 
 This is the last will and testament of me of the 
 
 — of in the County of , and Province of , 
 
 , made this day of 
 
 18 
 
 i;:| 
 
 11 
 
 I !il 
 i 
 
 ; !i 
 
 i ' 
 
 > li 
 
 % 
 
 I n 
 
 y 
 
 «'■ i > 
 
 ■ ■'. 
 
L^ 
 
 . 1 
 
 ■I'M 'I *ii 
 
 
 in • J 
 
 1-i«J'i|Ji ilia 
 
 t 
 
 470 
 
 WII.I.S. 
 
 I revoke all former wills or other testanieiilary dispo- 
 sitions by me at any time heretofore nuulc, and declare 
 this only to be and contain my last will and testament. 
 
 Direction to pay debts. 
 
 I direct all my just debts, funeral and testamentary 
 expenses, to be paid and satisfied by my executor \or 
 executrix] hereinafter named, as soon as conveniently 
 may be after my decease. 
 
 Bequest of ready money. 
 
 I bequeath to , absolutely, all my ready money, 
 
 includint; money [to an amount not cx(X'eding 
 
 dollars] in the hands of my banker or any assent. 
 
 Bequest of personal articles. 
 
 I bc(iucath to all articles of personal, domestic, or 
 
 household use or ornament belonging to me which at 
 
 my decease may be in my house at , or in such 
 
 house as I may be residing in at the date of my decease. 
 
 Bequest of personal effects and furniture. 
 
 I bequeath to all articles of personal, domestic, or 
 
 household use or ornament, including my furniture, 
 books, pictures, provisions, and all other household 
 effects which at the time of my death shall be in, about, 
 or belonging to the house in which I am residing at the 
 date of my decease. 
 
 Bequest of furniture to wife and then to children. 
 
 I bequeath to my said wife the use and enjoyment 
 during her widowhood of the houseliold furniture and 
 utensils not hereinbefore bequeathed, and the plate. 
 
WIM.. 
 
 47' 
 
 hooks, [)i(:tiires, and prints of which I shall die pos- 
 sessetl ; and after her ilcccase I hctiucath the same to 
 my children, to be divided between them as nearly as 
 may be in e([ual shares ; and if any dispute siiall arise 
 concerning the division thereof, then such divisi<jn shall 
 be made by my trustees, whose determination shall be 
 Inial. I direct my executors to cause an inventory to be 
 taken of the said articles bef<jre the delivery thereof to 
 my said wife, and two copies of such inventory to be 
 signed by my said wife, of which co[)ies so signed one 
 shall be delivered ti) her and the other be kei)L '^y my 
 executors. 
 
 Jki/in'st of leasehold house wit li furniture 
 
 I betiueath unto my leasehold house wherein 1 
 
 now reside, '"M the gardens and lands connected tlu tc- 
 
 with, situate at in the County of , for all the 
 
 residue of the term unexpired at my decease for which 
 the said premises are held, subject to the rent reserved 
 by and the covenants and conditions contained in the 
 lease to me of said premises ; and I further bequeath 
 
 to said all my furniture, fixtures, and household 
 
 effects in, about, or belonging to the said house. 
 
 Devise of farm with crops and other personal effects. 
 
 I devise and bequeath unto my larm at in the 
 
 County of , and the farm house, farm buildings, and 
 
 all the lands belonging thereto or connected therewith, 
 
 being the same that I purchased of ; together with 
 
 the furniture, household goods and effects, and consum- 
 able stores and provisions, the croj)s and produce grow- 
 ing or gathered, and the live stock, tools, implements, 
 
 / 
 
 I 
 
 i 
 
 %\ 
 
 fi 
 
 ft 
 
 •I 
 
i ( 
 
 472 
 
 WILLS. 
 
 ;H 
 
 fi 1 
 
 p r 
 
 ni ■ / 
 
 PI 
 
 and other things which shall at the time of my death be 
 in, upon, about, or belonging to the said farm or the 
 said farm house, buildings, and premises. 
 
 Bequest of business. 
 
 I becjueath to my son tlie good will of my trade 
 
 or business carried on by me at , and the stock-in- 
 trade, fixtures, and effects belonging thereto, and the 
 benefit of all contracts subsisting in respect of the said 
 business, and all book debts and moneys due to me in 
 respect thereof, or standing to the credit of my business 
 account at my bank at the time of my decease ; my said 
 son discharging and indemnifying my general estate 
 from all debts and liabilities due or subsisting in respect 
 of the said business at my decease, and, if required by 
 my representatives, entering into a bond or covenant in 
 that behalf. 
 
 Bequest of share in partnership to son, under a poiver in 
 the partnership articles. 
 
 Whereas the articles of partnership of the firm of 
 
 & Co., in which I am a partner, dated the day of , 
 
 18—, provide that I may introduce my son as a 
 
 partner into the said firm from and after my decease, 
 during the remainder o^ the term of the said partner- 
 ship, subject to the provisions of the said articles; now, in 
 exercise of such power or of any other power which may 
 enable me in this behalf, I do hereby bequeath unto my 
 said son my share in the capital, stock-in-trade, assets, 
 good will, and profits of the said firm, he indemnifying 
 niy general estate from all debts and liabilities of the 
 said firm. 
 
 i'r 
 
■IP 
 
 wr.L. 
 
 473 
 
 y death be 
 irm or the 
 
 f my trade 
 e stock-in- 
 O5 and the 
 jf the said 
 e to me in 
 iy business 
 e ; my said 
 leral estate 
 y in respect 
 •equired by 
 :ovenant in 
 
 a pinvtr in 
 
 firm of 
 
 day of , 
 
 on as a 
 
 iiy decease, 
 lid partner- 
 les ; now, in 
 which may 
 th unto my 
 rade, assets, 
 (damnifying 
 ities of the 
 
 Bequest of a mortga<:^e security. 
 I bequeath to a mortgage for the sum of- 
 
 -of- 
 
 doUars made to me by of , with all securities 
 
 collateral thereto, and all interest accrued on the same 
 which may be owing to me at the time of my death. 
 
 Bequest of insurance policy. 
 
 And whereas I am possessed of the following policy 
 of insurance upon my life, namely, a policy effected with 
 
 the ^Life Insurance Company for dollars, dated 
 
 the day of , 18 — , and numbered , now I 
 
 bequeath the said policy, with the sum of dollars 
 
 thereby assured, and all accretions or additions thereto, 
 unto , absolutely. 
 
 Bequest of annuity. 
 
 I bequeath to , during his life, an annuity of 
 
 dollars [to be charged upon my lands hereinafter devised 
 
 to ], payable half-yearly from and after my death \(tr 
 
 payable quarterly, the first payment thereof to be made 
 at the expiration of calendar months after my death]. 
 
 Bequest of pecuniary legacy. 
 
 I bequeath to the sum of dollars \(ir I bequeath 
 
 the following legacies, namely, the sum of dollars to 
 
 , and the sum of dollars to ]. 
 
 Bequest of legacy charged on specific real estate. 
 
 I hereby bequeath to the sum of dollars, and 
 
 I make the payment of the same a charge upon viy real 
 estate situate at , and herein devised to . 
 
 I 11 
 
 
 I 
 
 li 
 
474 
 
 WILLS. 
 
 * li . 
 
 ^i 
 
 up-', i 
 
 .; 
 
 '■f 
 
 I ■ 
 
 Legacy to ivife, payable immediately^ or by instalments. 
 
 I bequeath to my wife the sum of dollars, to 
 
 be paid immediately, or as soon as may be, after my 
 death, for her immediate use. I also bequeath to her 
 
 dollars, to be paid within months after my 
 
 death, with interest at the rate of per cent, per 
 
 f \annum, payable quarterly in the meantime \or I bequeath 
 
 to my wife the sum of dollars, to be paid by four 
 
 equal instalments, the first immediately after my death, 
 and the others at the end of three, six, and nine months, 
 respectively, after my death]. 
 
 Legacy to vest on full age or marriage. 
 
 I bequeath the sum of dollars to of in 
 
 case and when he shall attain the age of twenty-one 
 years or marry under that age. ■ , 
 
 Bequest of legacy to creditor. 
 
 I bequeath the sum of dollars to , and I 
 
 declare that such legacy shall be in addition to, and not 
 in satisfaction of, any debt which I may be owing him 
 at the time of my decease. 
 
 Direction as to abatement of particular legacies. 
 
 I direct that, in case of a deficiency of assets for the 
 full payment of all the pecuniary legacies hereinl)efore 
 bequeathed, the two legacic s of dollars and dol- 
 lars hereinbefore bequeathed to the said legatees, respect- 
 ively, shall abate ratably and in proportion before any 
 other legacy. 
 
 Release of debts to debtor. 
 
 I release and forgive to , or to his representatives 
 
 if he shall die in my lifetime, every sum of money, with 
 
■■ 
 
 WILL. 
 
 475 
 
 the interest thereon, which may be owing from him or 
 them to me at the time of my decease ; and I direct 
 that any note or notes, bond or bonds, or other obli- 
 gations or securities for the same, shall be released or 
 given up to the said or his representatives. 
 
 Devise to wife for iif\ with remainder to children. 
 
 I devise the dwelling house and premises at , and 
 
 all the furniture, household goods, and effects of all 
 
 kinds in and about the same to the use of my wife 
 
 during her life, and from and after her death to my son 
 
 , his heirs and assigns forever \or to my sons 
 
 and , their heirs and assigns forever, in equal shares 
 
 as tenants in common]. 
 
 Bequest of residue of personal estate. 
 
 I bequeath all the residue of my personal estate and 
 effects to of , absolutely, or 
 
 Gift of residue of realty and personalty. 
 
 I devise and bequeath all the residue of my estate 
 
 and effects, both real and personal, unto of , 
 
 absolutely, or 
 
 Gift of residue of realty and personalty in trust. 
 
 I devise and bequeath all my real estate of every kind, 
 and all my personal estate and effects whatsoever, not 
 otherwise disposed of by this my will or any codicil 
 
 thereto, unto and my trustees, and the survivor 
 
 of them and his nuccessor, their .md his heirs, executors, 
 and administrators, respectively, accordingly, to the na- 
 ture thereof: upon trus' that my trustees shall sell, call 
 in, and convert into money the same or such part thereof 
 
 1 : I 
 
 li ' . 
 
 ii ■ ' 
 
nr 
 
 476 
 
 WIFJ.S. 
 
 wi 
 
 1] 
 
 iirf 
 
 ' ff 
 
 
 as shall not consist of money, and shall with and out 
 of the moneys produced by such sale, calling in, and con- 
 version, and with and out of my ready money, pay my 
 funeral and testamentary expenses and debts, and the 
 legacies bequeathed by this my will or any codicil here- 
 to, but so that the proceeds of real estate shall not be 
 applied in payment of legacies, unless the other moneys 
 applicable thereto under this trust shall be insufficient 
 for payment thereof, and shall, with the consent in writ- 
 ing of my said wife during her life, and after her decease 
 at the discretion of my trustees, invest the residue of the 
 said moneys with power for my trustees from time to 
 time with such consent or at such discretion as afore- 
 said to vary such investments, and shall stand possessed 
 of the said residuary trust moneys, and the investments 
 for the time being representing the same (hereinafter 
 called the residuary trust funds), in trr.st to pay the in- 
 come thereof to my said wife during her life, and after 
 her decease in trust for all my children who, being sons, 
 [have attained or] shall attain the age of twenty-one 
 years, or, being daugliters, [have attained or] shall attain 
 that age, or [shall] marry under that age, in ecjual shares, 
 and, if there shall be only one such child, the whole to 
 be in trust for that one child. [Provided always that if 
 any child of mine shall die in my lifetime leaving a child 
 or children who shall survive me, and, being a son or 
 sons, shall attain the age of twenty-one years, or, being a 
 daughter or daughters, shall attain that age or marry 
 under that age, then and in every such case the last- 
 mentioned child or children shall take (and if more than 
 one, equally between them) the share which his, her, or 
 
WILI, 
 
 477 
 
 their parent would have taken of and in the residuary 
 trust funds if such parent had survived me and attained 
 the age of twenty one years.] 
 
 Solicitor-trustee — Costs. 
 
 And I declare that the executors and trustees for the 
 time being of this my will may, instead of acting per- 
 sonally, employ and pay a solicitor to transact any 
 business or do any act required to be done in connec- 
 tion with the administration of my estate or the trusts 
 hereby declared, including the receipt and payment of 
 money, and that an executor or trustee, being a solicitor, 
 may be so employed, and shall be entitled to charge 
 and be paid all professional or other charges for any 
 business or act done by him or his firm in connection 
 with the trust, including any act which an executor or 
 trustee, not being a solicitor, could have done personally. 
 
 Appointment of executors and trustees. 
 
 I nominate and appoint of to be the executor 
 
 [^or executrix] of this my will [or I nominate and appoint 
 of , and of , to be the executors and trus- 
 tees of this my will.] 
 
 Appointment of guardians. 
 
 And I appoint [my wife during her life, and 
 
 after her death my trustee^] to be the guardian [and 
 guardiafts] of my infant children. 
 
 In witness, etc. 
 
 Signed, etc. 
 
 I 
 
 ,4*.: 
 m 
 
 .!.» 
 
 h 
 
478 
 
 ; .'ii; jl 
 
 WILLS. 
 
 CODICIL 
 
 Maying alterations in bequests. 
 
 Thls is a codicil to the last will and testament of me, 
 A.B., of , bearing date the day of , i8 — . 
 
 I hereby revoke the bequest of all my household fur- 
 niture to CD., and do give and bequeath the same to 
 E.F. absolutely. 
 
 I bequeath to E.F., in addition to the legacy given to 
 
 him by my said will, the further sum of dollars. In 
 
 all other respects I do confirm my said will. 
 
 In witness, etc. 
 
 Signed, etc. ; 
 
 CODICIL 
 
 Appointing an additional trustee and executor 
 
 This is a codicil to the last will and testament of me, 
 
 A.B., of , which will bears date the day of , 
 
 i8— . 
 
 Whereas by my said will I appointed CD., of , 
 
 and E.F., of , to be the trustees and executors of my 
 
 said will [and also to be the guardians of my infant chil- 
 dren after the decease of my wife]. 
 
 Now I hereby appoint G.H., of , to be an addi- 
 tional trustee and executor of my said will [and to be an 
 additional guardian of my infant children after the 
 decease of my said wife], and I declare that my said will 
 shall be read and construed as if the names of the said 
 C.D., E.F., and G.H. were inserted therein instead >f 
 the names of the said CD. and E.F., and that all trubis 
 
t'ODicn,. 
 
 479 
 
 t of me, 
 [8—. 
 hold fur- 
 same to 
 
 given to 
 lars. In 
 
 utor 
 
 2nt of me, 
 ly of , 
 
 ., of , 
 
 :ors of my 
 nfant chil- 
 
 e an addi- 
 d to be an 
 
 after the 
 ,y said will 
 of the said 
 
 instead of 
 It all trubts 
 
 and powers in and by my said will reposed in and made 
 exercisible by the said CD. and E.F. shall be exercis- 
 ible by the said CD., E. F., and G.H. And in all other 
 respects I confirm my said will. 
 
 In witness, etc. 
 
 Signed, etc. 
 
 CODICIL 
 
 Appointing a trustee and executor on decease of one 
 originally appointed. 
 
 This is a codicil to the last will and testament of me, 
 
 A.B., of , which will bears date the day of , 
 
 i8— . 
 
 Whereas by my said will I appointed CD. to be 
 one of the trustees and executors thereof [and also one 
 of the guardians of my infant children after the decease 
 of my wife], and whereas the said CD. has lately died. 
 
 Now I hereby appoint E.F., of , to be one of the 
 
 trustees and executors of my said will [and also to be one 
 of the guardians of my infant children after the decease 
 of my said wife], in the place of the said CD., deceased. 
 
 And I give to the said E.F. a legacy of dollars for his 
 
 trouble in acting as an executor and trustee of my said 
 will ; and I declare that my said will shall be construed 
 and take effect as if the name of the said E.F. were 
 inserted in my said will throughout instead of the name 
 of the said CD. And in all other respects I confirm my 
 said will. 
 
 In witness, etc. 
 
 Signed, etc. . " 
 
 
 \^ 
 
480 
 
 l,'t: 
 
 If 
 
 ij' ill ', 
 
 WILLS. 
 
 CODICIL 
 
 Revoking the appointment of a trustee and executor^ and 
 appointing a neiv one. 
 
 This is a codicil to the last will and testament of me, 
 
 A B., of , which will bears date the day of , 
 
 18—. 
 
 Whereas by my said will I appointed CD. to be one 
 of the trustees and executors thereof [and also one of 
 the guardians of my infant children after the decease of 
 
 my wife], and I have given him a legacy of dollars 
 
 for his trouble in acting as such trustee and executor. 
 
 Now I hereby revoke the appointment of the said 
 CD. as trustee and executor [and guardian], and also 
 
 the said legacy of dollars given to him as aforesaid. 
 
 And I appoint E.F., of , to be a trustee and executor 
 
 of my said will [and also to be a guardian of my infant 
 children after the decease of my said wife] in the place 
 of the said CD., and I give to the said E.F. a legacy of 
 
 dollars for his trouble in acting as such trustee and 
 
 executor. And I declare that my said will shall be con- 
 strued and take effect as if the name of the said E.F. were 
 inserted in my said will throughout instead of the name 
 of the said CD. And in all other respects I confirm 
 my said will. 
 
 In witness, etc. 
 
 Signed, etc. 
 
|! 
 
 cuior, and 
 
 lent of me, 
 lay of , 
 
 I. to be one 
 
 ilso one of 
 
 decease of 
 
 f dollars 
 
 sxecutor. 
 of the said 
 n], and also 
 as aforesaid, 
 md executor 
 )f my infant 
 in the place 
 a legacy of 
 li trustee and 
 Ishall be con- 
 id E.F. were 
 of the name 
 I confirm 
 
 MANITOBA FORMS. 
 
 There is tio dower in land in Manitoba. 
 
 Every instrument to be rei^istered under The Heal 
 Property Act must, in addition to the usual affidavit of 
 execution, be accompanied by an affidavit, statutory de- 
 claration, or other evidence that the person dealing ivith the 
 land is of the full age of twenty-one years, and that he is 
 the registered oivner, or is entitled to be registered as such 
 07vner. Such affi'davit may be in the form on page 485. 
 Owner includes any person or body corporate entitled to 
 any estate or interest whatsoever in land. 
 
 See also Appendix, ^^ Execution of Documents.^' 
 
 THE SHORT FORMS ACT. 
 
 (R.S.M.,c. 141.) 
 
 STATUTORY DEED. 
 
 This Indenture made the day of in the year 
 
 of our Lord one thousand eight hundred and ninety , 
 
 in pursuance of "The Act respecting Short Forms of 
 
 Indentures," Between of , of the first part, and 
 
 of , of the second part. 
 
 \^Here insert recitals, if any. ^ 
 
 WITNESSETH, that in consideration of [the premises 
 and of^'] dollars of lawful money of Canada, now paid 
 
 \Tf no recitals, omit words within brackets.'\ 
 
 
 Si si 
 
 A |vj| 
 
W^'r 
 
 ■( S ' >l 
 
 3 
 
 m\ 
 
 ;■*■■ ' 
 
 ill 
 
 ■ 
 
 I in i 
 
 II r I 
 
 1 
 
 482 
 
 MANITOP.A FORMS. 
 
 by the said party of the second part to the said party of the 
 first part (the receii)t whereof is hereby by him acknow- 
 ledged), he, the said party of the first part, dotii grant 
 unto the said party of the second part, his heirs and 
 assigns forever, all and singular, the lands following ; that 
 is to say : \descril>e lands]. 
 
 To have and to hold ^continue as on page 20^, to end 
 ofform^ omitting doiver c/ause]. 
 
 A^davit 0/ execution. 
 
 Province of Manitoba;^ I of the of in 
 
 y the Province of , , 
 
 To Wit : j make oath and say ; 
 
 (i) That I was personally present and did see the 
 within instrument [and duplicate thereof] duly signed, 
 
 sealed, and executed by , [one of] the parties 
 
 thereto. 
 
 (2) That the said instrument was [or instrument and 
 duplicate were] executed at . 
 
 (3) That I know the said party, and know that he is 
 of the full age of twenty-one years. 
 
 (4) That I am a subscribing witness to the said 
 instrument [and duplicate]. 
 
 Sworn before me at the — 
 
 of in the Province of — 
 
 this day of , 18 — . 
 
 A Commissioner for taking Affidavits in B.R., etc. 
 
STATUTORY LEASE, 
 
 483 
 
 STATUTORY MORTGAGE. 
 
 This Indenture made the day of in the year 
 
 of our Lord one thousand eight hundred and , in 
 
 pursuance of "The Act respecting Short Forms of 
 
 Indentures," Between of , hereinafter called the 
 
 mortgagor, of the first part, a»M of , hereinafter 
 
 called the mortgagee, of the secoijd part. 
 
 [Here insert recitals, if any. ^^ 
 
 WITNESSETH, that in consideration of [the premises and 
 
 of] dollars of lawful money of Canada, now paid by 
 
 the said mortgagee to the said mortgagor (the receipt 
 whereof is hereby by him acknowledged), he, the said 
 mortgagor, doth grant and mortgage unto the said mort- 
 gagee, all and singular, the lands following ; that is to 
 say : [describe iands\. 
 
 Provided this mortgage to be void [continue as on 
 p. j/j, to end of form]. 
 
 [For ajjidavit of eKecution, see p. 48 2. ^^ 
 
 STATUTORY LEASE. 
 
 This Indenture made the day of in the year 
 
 of our Lord one thousand eight hundred and , in 
 
 pursuance of *' The Act respecting Short Forms of In- 
 
 — , hereinafter called the 
 -of , hereinafter called 
 
 dentures," Between of- 
 
 lessor, of the first part, and- 
 
 the lessee, of the second part. 
 [Here insert recitals y if any. 'I 
 
 , 1 
 
 1 
 
 
 'i-A 
 
 i r, 
 
 il 
 
 I- 
 
ill 
 
 484 
 
 MANITOBA I'OKMS. 
 
 WITNESSETH, that ill consideration of [the premises 
 and of] the rents, covenants, and agreements hereinafter 
 reserved and contained, on the part of the lessee, his 
 executors, administrators, and assigns, to be paid, kept, 
 observed, and performed [continue as on f>. 2yj^ line 12^ 
 to end ofform\ 
 
 [For affidavit 0/ execution, seep. 48 2. \ 
 
 THE REAL PROPERTY ACT. 
 
 (R.S.M.,c. i3>) 
 
 TRANSFER OF LAND. 
 
 (S. 68.) 
 
 m 
 
 Thp: Real Property Act. 
 
 -of- 
 
 -in the Province of- 
 
 I, A.B., of the- 
 — , being the registered owner of an estate [state 
 
 the nature of estate], subject, however, to such incum- 
 brances, liens, and interests as are notified by memoran- 
 dum underwritten [or endorsed hereon] in all that land 
 containing [as the case may be\ do hereby, in con- 
 sideration of the sum of $ , paid to me by E. F., 
 
 of the of in the Province of- , , (the 
 
 receipt of which sum I hereby acknowledge), transfer to 
 the said E.F. all my estate and interest in the said piece 
 of land. [Here state rights of way, privileges, easements, 
 if any, intended to be conveyed along with the land ; and 
 if the land dealt with contains all included in the origi- 
 nal grant, refer thereto for description of parcels and 
 
TRANSFER OF LAND. 
 
 48s 
 
 remises 
 einafter 
 see, his 
 d, kept, 
 line 12, 
 
 dia^ratns ; othenvisc set forth the boundaries and accom- 
 pany it by a diagram. Also mention incumbrances, if any.] 
 
 In witness whereof I have hereunto subscribed my 
 name this day of , 18 — . 
 
 Signed on the day above named) [Sitrnature.] 
 by said A.B. in presence of (i.A. / 
 
 of , 
 
 Lte \^state 
 incum- 
 pemoran- 
 ;hat land 
 I, in con- 
 Iby E. F., 
 ., (the 
 ransfer to 
 ;aid piece 
 \asements, 
 ind; and 
 \the origi- 
 \rcels and 
 
 Affidavit of execution. 
 
 I- 
 
 -of the 
 
 of- 
 
 in 
 
 Province of MAN!TonA;1 
 
 \ the Province of , , 
 
 To Wit : j make oath and say : 
 
 That 'as present and did see , the witliin-named 
 
 transferor, execute the within transfer. 
 
 That it was executed at the of . 
 
 That I know the said , the transferor, and that he 
 
 is of the full age of twenty-one years. 
 
 That I am a subscribing witness to the said instru- 
 ment. 
 
 Sworn, etc. 
 
 Affidavit of transferor. 
 
 Province of Manitob 
 
 '■\ 
 
 I- 
 
 -of the 
 
 -of- 
 
 in 
 
 the Province of- 
 
 To Wit : j make oath and say : 
 
 That I am the within-named transferor, and that I am 
 of the full age of twenty-one years. 
 
 That I am the registered owner of the lands men- 
 tioned in the within transfer. 
 Sworn, etc. 
 
 ji'l 
 
 Sr 
 
 I 
 
 %:■%) 
 
 I 
 ll 
 
 I 
 
'. i 
 
 486 
 
 MANnOIU FORMS. 
 
 TKANSFICR OF LAND 
 
 Under power of sale. 
 
 
 
 The Rem, I'roperty Act. 
 
 Whereas one A. H., by a certain indenture of mort- 
 gage made under The Real Property Act, the day 
 
 of , 18 — , and duly registered in the Land Titles 
 
 Office for , under number , did mortgage all his 
 
 estate and interest in the lands and i)remises hereinafter 
 particularly described unto C.I), for securing the payment 
 of the sum of dollars and interest as therein men- 
 tioned. 
 
 And whkrkas default has been made in payment of 
 
 the said sum of dollars and interest thereon for more 
 
 than month. 
 
 And whereas, in jjursuance of the provisions of The 
 Real Troperty Act, written notice of the intention of 
 the liuid mortgagee to sell the sa* ' 'ands and premises 
 
 has been duly served on the said and on all other 
 
 parties entitled to such notice, and more than month 
 
 has elapsed since the service of said notice without pay- 
 ment of the amount in arrcar, and the said mortgagee 
 did, in exercise of the power of sale under the said Act, 
 cause the said lands to be offered for sale by public 
 
 auction on the day of , 18 — , at the auction 
 
 rooms of , in the of . 
 
 And whereas E.F. was declared to be the highest 
 bidder for and became the purchaser of the said lands 
 
 and premises at the said sale at and for the sum of 
 
 dollars. 
 
LKASK. 
 
 487 
 
 Now THKRKFORi!: I, the said C.I)., I)eing registered as 
 owner of said mortgage upon an estate in fee sini[)le in 
 possession (subject, however, to such incumbrances, 
 liens, and interests as are notified by the memorandum 
 underwritten or indorsed hereon) in all that piece or 
 
 parcel of land known and described as follows : , do 
 
 hereby, in exercise of the said power of sale conferred 
 upon me by the said mortgage and The Real l^roperty 
 Act, and all other powers thereunto enabling, in con- 
 sideration of the sum of dojlars paid to me by the 
 
 said E.F., the receipt of which sum I do hereby acknow- 
 ledge, transfer to the said E.F. all my interest and all the 
 estate and interest of the said A.B. [and of {nanu'sof suh- 
 scijucnt incumbrancers^ if any)\ and of all persons and cor- 
 porations whatever in the said lands. 
 
 In witnlss, etc. 
 
 Signed, etc. 
 
 LEASE. 
 
 (S. 90.) 
 
 The Real Property Act. 
 
 I, A. 15., of the of in the Provir.ce of , 
 
 — , being registered as owner, subject, however, to 
 
 such mortgages and incumbrances as are notified by 
 memorandum underwritten \i^r endorsed h^^reon], of 
 
 that piece of land \describe it\ part of Section 
 
 Township Range containing acres, more or 
 
 less \Jicre state rii^hts of ivay, priviic^^es, easements, if 
 any, intended to be conveyed a/onj^ 7vith the land ; and if 
 the land dealt zvith contains all included in the original 
 
 T 
 
 . 
 
 
 
 1 ■ 
 
 
U^i' mm 
 
 488 
 
 MANITOBA FORMS. 
 
 I :!i 
 
 grant or certificate of title or /ease, refer thereto for 
 description and diagram; otherioise set forth the boundaries 
 by metes and bounds\ do hereby lease to E.F. of the 
 
 of in the Province of , , all the said 
 
 lands to be held by him, the said E.F., as tenant for the 
 
 space of years from \Jiere state the date and term] 
 
 at the yearly rental of dollars, payable [here insert 
 
 terms of payment of rent], subject to the covenants and 
 powers implied [a/so set forth any special covenants or 
 modifications of implied covenants].* 
 
 I, E. F"., [here insert description] do hereby accept this 
 of the above-described lands, to be held by me as 
 tenant, and subject to the conditions, restrictions, and 
 covenants above set forth. 
 
 [Signature of lessor.] 
 [Signature of lessee.] 
 
 Dated this day of , 18 — . 
 
 Signed by above-named A.B. as lessor, and E.F. as 
 
 lessee, this day of , 18 — , in the presence of 
 
 X.Y. 
 
 [Here insert memorandum of mortgages and incum- 
 brances.] 
 
 MORTGAGE. 
 
 (S. 9.) 
 
 The Real Property Act. 
 I, A.B,, of the of in the Province of- 
 
 , being registered as owner of an estate [here state 
 
 nature of interest], subject, however, to sucii incum- 
 
 • And see " Short Forms of Covenants" on p. ^go. 
 
MORTOACR, 
 
 4^0 
 
 to for 
 ndaries 
 of the 
 le said 
 for the 
 i term] 
 e insert 
 rjts and 
 ants or 
 
 ept this 
 
 nie as 
 
 ins, and 
 
 'e'sQr^ 
 'essee.] 
 
 E.F. as 
 icnce of 
 
 d incum- 
 
 of , 
 
 here state 
 \ incum- 
 
 brances, liens, and interests as are by memorandum 
 underwritten \or endorsed hereoii], in that piece of 
 
 land \description\ part of Section Township 
 
 Range containing acres, be the same more or less 
 
 \here state rii^hts of 7vay, privileges, easements, if any, in- 
 tended to be conveyed a/ong with the land ; and if the land 
 dealt with contains all included in the original grants^ 
 refer thereto for descriptions of parcels and diagrams; other- 
 wise set forth the boundaries, and accompany it by a dia- 
 gram], in consideration of the sum of dollars lent to 
 
 me by E.F. of the of in the Province of , 
 
 , the receipt of which sum I do hereby acknow- 
 ledge, covenant with the said E.F. : 
 
 Firstly: That I will pay to him, the said E.F., the above 
 sum of dollars on the day of , i8 — . 
 
 Secondly : That I will pay interest on the said sum at 
 
 the rate of on the dollar in the year, by equal 
 
 payments on the day of , and on the day of 
 
 , in every year. 
 
 Thirdly: '[here set forth special covenants, if any.]* 
 
 [^Mention prior incumbrances, if any.] 
 
 And for the better securing to the said E.F. the 
 repayment, in manner aforesaid, of the principal sum 
 and interest, I hereby mortgage to the said E.F. my 
 estate and interest in the land above described. 
 
 In witness, etc. 
 
 Signed, sealed, etc. 
 
 [For " Affidavit of execution " and " Affidavit of mort- 
 gagor'^ see p. 48^, substituting the ivords "mortgage" 
 and *' mortgagor " for " transfer " and " transferor."] 
 
 • And see •' Short Forms of Covenants " on p. 4<po. 
 
 4 II 
 
 iii 
 
 iii 
 
 
 ».'! 
 
490 
 
 MANITOBA FORMS. 
 
 ;. 
 
 mm 
 
 m 
 
 1)1 
 
 hf 
 
 L L 
 
 SHORT FORMS OF COVENANTS.* 
 
 (S. 94.) 
 
 Column one. Column two. 
 
 (i) The said covenantor 
 covenants with the said 
 covenantee that he will not 
 assign or sub-let without 
 leave. 
 
 (2) That he will erect 
 such fences as are men- 
 tioned in the said section. 
 
 (i) The covenantor, his 
 executors, administrators, 
 or transferees, will not, dur- 
 ing the said term, transfer, 
 assign, or sub-let the pre- 
 mises hereby leased or any 
 part thereof, or otherwise 
 by any act or deed pro- 
 cure the said premises, or 
 any part thereof, to be 
 transferred or sub-let, with- 
 out the consent in writing 
 of the lessor or his trans- 
 ferees had and obtained. 
 
 (2) The covenantor, his 
 executors, administrators, 
 or trans.^erees, will, during 
 the continuance of the said 
 term, erect and put upon 
 the boundaries of the said 
 land, or on those bound- 
 aries on which no substan- 
 tial fence now exists, a 
 good and substantial fence. 
 
 *[ Where in any lease or mortgage the words in column one are 
 used^ there will be implied all the words in column two. ] 
 
itor, his 
 strators, 
 lot, dur- 
 transfer, 
 the pre- 
 d or any 
 therwise 
 ed pro- 
 nises, or 
 ■ to be 
 let, with- 
 i writing 
 lis trans- 
 )btained. 
 
 intor, his 
 istrators, 
 1, during 
 F the said 
 )ut upon 
 the said 
 : bound- 
 substan- 
 exists, a 
 ial fence. 
 
 mn one are 
 
 IRANSKEK OF MOKIUAGE OK LtASE. 
 
 M 
 
 (3) That he will per- 
 form the conditions of the 
 covenants as required. 
 
 491 
 
 (3) The covenantor, his 
 executors, administrators, 
 or transferees, will, at all 
 times during the said term, 
 cultivate, use and manage 
 in a proper husbandlike 
 manner all such parts of 
 the land as are now, or 
 shall hereafter with the 
 consent in writing of the 
 said lessor or his trans- 
 ferees, be broken up or 
 converted into tillage, and 
 will not impoverish or 
 waste the same. 
 
 TRANSFER OF MORTGAGE OR LEASE 
 
 (S. lOI.) 
 
 The Real Propekty Act. 
 
 I, A.B., of , being registered as the owner of a 
 
 niortgage [.. lease .. charge, .. M. case .ay /.], num- 
 
 Dered , of [or upon] the land hereafter described 
 
 subject to the incumbrances— notified hereunder hi 
 
 considerationofthesum of paid to mebyC.l) of— 
 
 do hereby transfer to the said CD. all my esiate and' 
 merest, as such registered owner, in all that piece of 
 and, being [.. ot/.n.ise, according to the description 
 
 said CD. dollars of the mortgage ^^incumbrance 
 
 as the case may be, dated , together with all my rights' 
 
 r 
 
 
 
 -* 1 
 
 %\ 
 
 p ■■ 
 
 1 
 
 
WW' 
 
 IP' 
 
 i! ; 
 
 492 
 
 MANITOBA FORMS. 
 
 powers, title, and interest therein. And the sum so 
 transferred shall be preferred, or deferred, or rank 
 equally, as the case may be, to or with the remaining sum 
 secured by the mortgage]. 
 
 In witness, etc. 
 
 Signed on the day above named 
 
 [or SIGNED, SEALED, AND DELIVERED] 
 
 in the presence of 
 
 Incumbrances referred to. 
 [Endorse memorandum of mortgages and incumbrances^] 
 
 
 TRANSFER OF MORTGAGE OR LEASE. 
 By endorsement. 
 
 (S. loi.) 
 
 The Real Property Act. 
 
 I, the within mentioned CD., in consideration of 
 
 d Mars, this day paid to me by X.Y., of , the receipt 
 
 of which sum I do hereby acknowledge, hereby transfer 
 to him the mortgage [incumbrance or lease, as the case 
 may be] within written, together with all my rights, 
 powers, title, and interest therein. 
 In WITNESS, etc. 
 
 CD. [transferor]. 
 Accepted X.Y. [transferee]. 
 
POWER OF ATTORNEY. 
 
 493 
 
 im so 
 
 rank 
 
 ig sum 
 
 >-unces.'\ 
 
 ^SE. 
 
 II of 
 
 receipt 
 transfer 
 the case 
 
 ly rights, 
 
 feror]. 
 is/eree]. 
 
 POWER OF ATTORNEY. 
 
 (S. 115.) 
 
 The Real Property Act. 
 I, A.B., of the of in the Province of- 
 
 , being registered as owner of an estate [/lere state 
 
 nature of the estate or interest\ subject, however, to 
 such incumbrances, Hens, and interests as are notified 
 by memorandum underwritten [or endorsed hereon], in 
 [here refer to schedule for description and contents of the 
 several parcels of land intended to be affected, ivhich schedule 
 must contain reference to the existing certificate of title or 
 lease of such parccl\ do hereby appoint CD. of the 
 
 of in the Province of , , attorney on 
 
 my behalf to [here state *he nature and extent of the 
 powers intended to be conferred^ as whether to sell, lease, 
 mortgage, etc.] the lands in the said schedule described, 
 and to execute all such instruments, and to do all such 
 acts, matters, and things as may be necessary for carry- 
 ing out the powers hereby given, and for the recovery of 
 all rents and sums of money that may become or are 
 now due or owing to me in respect of the said lands, 
 and for the enforcement of all contracts, covenants, or 
 conditions binding upon any lease or occupier of the 
 lands, or upon any other person in respect of the same, 
 and for the taking and maintaining possession of the 
 said lands, and for protecting the same from waste, 
 damage, or trespass. 
 
 In witness, etc. 
 
 Signed by the above-named \ 
 
 A.B. this- 
 
 -day of- 
 
 18- 
 
 II' 
 
 
 in the presence of 
 
494 
 
 MANIT015A FORMS. 
 
 a ;■ 
 
 gf. " 
 
 it, 
 
 :' ^ii 
 
 AFFIDAVIT 
 
 Of service of notice of application to bring land under Act, 
 
 The Real Property Act. 
 
 Land Titles Office District of . 
 
 Application No. . 
 
 Province of Manitoua;"! I- 
 
 ToWit 
 
 of the- 
 
 -of- 
 
 in 
 
 the Province of- 
 
 make oath and say : 
 
 (i) That I did on the day of , i8 — , person- 
 ally serve with a true copy of the notice hereto 
 
 annexed, marked "A," to this my affidavit, by delivering 
 to and leaving with him the said copy at . 
 
 (2) That at the time of such service I exhibited to 
 
 the said such original notice, and asked him if he 
 
 were the person described in said notice, and if he had 
 at any time any dealings with the land therein men- 
 tioned, to which questions he answered . 
 
 (3) I verily believe that the person so served by me is 
 the person named in and intended to be served with the 
 said notice. . ! 
 
 Sworn, etc. 
 
 CAVEAT 
 
 Forbidding land to be brought under Act. 
 (S. 135.) 
 
 The Real Property Act. 
 
 To the District Registrar : 
 
 Take notice that I [insert name and addition^ claim 
 [particularize the estate or interest claimed] in the land 
 
CAVKAT. 
 
 495 
 
 ider Act. 
 
 in 
 > 
 
 , person- 
 3 hereto 
 elivering 
 
 ibitecl to 
 iin if he 
 if he had 
 jin men- 
 
 by nie is 
 with the 
 
 //] claim 
 the lanU 
 
 described as {description of land] in [the advertisement 
 relating to] the application of {state applicants name and 
 addition] ; and I forbid the bringing of such land under 
 the operation of «'The Real Property Act." I appoint 
 as the place at which notices and proceedings relat- 
 ing thereto may be served. 
 
 Datkd this day of , i8— . 
 
 Signed in the presence of 
 
 } 
 
 • CAVEAT 
 
 Forbidding dealing with land under the Act. 
 
 (S. 138.) 
 
 The Real Property Act. 
 To the District Registrar : 
 
 Take notice that I {insert name and addition] claim 
 {specify the estate or interest claimed] in {describe land] 
 
 standing in the Register Book in the name of - and 
 
 I forbid the registration of any person as transferee or 
 owner of or of any instrument affecting the said estate or 
 interest, absolutely {or until after notice of any intended 
 registration or registered dealing be given to me at the 
 address hereinafter mentioned, or unless such instru- 
 ment be expressed to be subject to my claim, as the ca^e 
 
 may require]. I appoint as the place at which 
 
 notices and proceedings relating to this caveat may be 
 served. 
 
 Dated this day of , 18—. 
 
 Signed in the presence of 
 
 } 
 
m 
 
 496 
 
 
 r«.; 
 
 ''*';'! 
 
 W'm 
 
 mi 
 
 
 ■If 
 
 
 MANITol'.A Forms. 
 
 AFFIDAVIT 
 
 In support of caveat. 
 
 (S. 143.) 
 
 The Real Property Act. 
 T, A.B., of the of in the Province of- 
 
 make oath and say \or solemnly declare] as follows : 
 
 (i) The land affected by the caveat dated the day 
 
 of , 18 — , hereunto annexed, lodged by me with the 
 
 District Registrar, is the land described in the schedule 
 hereunto, and my interest in the said land entitles me to 
 object to any disposition of the said l.ind being made 
 without my consent, and the nature of my interest is as 
 follows : \Jiere state particulars of caveator s interest\ 
 [or substitute for the ahove^ as the case may require^ the 
 following: I, A.B., make oath and say {or solemnly 
 declare) as follows : I claim the land {or an interest 
 therein, as the case may be) mentioned in the caveat 
 hereunto annexed and described in the schedule hereto 
 {here state the nature of the estate or interest claimed, and 
 the grounds upon ivhich such claim is founded)]. 
 
 (2) I believe that I have a good and valid claim upon 
 the said lands, and I say that this caveat is not being 
 filed for the purpose of delaying or embarrassing the 
 applicant or any person claiming under him. 
 The schedule above referred to. 
 [Here insert ordinary description of land to be affected 
 by caveat.] 
 
■T" 
 
 lUscilAkCI, OK lUDCMKNT. 
 
 497 
 
 ows : 
 i day 
 
 with the 
 schedule 
 les me to 
 ng made 
 est is as 
 
 interest]^ 
 luire^ the 
 solemnly 
 interest 
 e caveat 
 le hereto 
 'med^ and 
 
 lim upon 
 lot being 
 ;sing the 
 
 e affected 
 
 DISCHARdIC OF MORTGAGE. 
 
 (R.S.M., c. 135, Scheilule H) 
 
 To the District Registrar 
 of the Land Titles District 
 of {or 'I\j the Registrar 
 
 Province of Manitoisa ; 
 To Wit : 
 
 of the County of ]. 
 
 I of the do certify \continue as in forms of 
 
 " Discharge of Morfoa^e " and " Partia/ Dischar^^e of 
 Mortgage " on pages js^ and 355, to end of each form\ 
 
 dischar(;e of judgment. 
 
 Province OF Manitoba ; | To the District Registrar 
 To Wit : / of the . 
 
 I of do certify that of has satisfied all 
 
 money due on or to grow due on a certain judgment re- 
 covered by in the Court of against one 
 
 of the of in the Province of Manitoba, for the 
 
 sum of dollars, which judgment bears date the 
 
 day of , 18—, and a certificate of said judgment was 
 
 filed in the office for the on the day of- 
 
 18—, at- 
 in Liber- 
 
 -mmutes past o'clock in the [fore] noon 
 
 -for as No , and that such judgment 
 
 has not been assigned \or as the case may be\ and that I 
 am the person entitled by law to receive the money ; 
 and that such judgment is therefore discharged. 
 
 Witness my hand this day of , 18—. 
 
 Witness : 'k 
 
 
 <] 
 
 « 
 
 
 4 i 
 
49« 
 
 Manitoha rouMS. 
 
 Affidavit of execution. 
 
 Province of Manitoha; ' 
 
 To Wit 
 
 I 
 
 -ofthe- 
 
 -of- 
 
 -in 
 
 - the Province of , 
 
 make oath and say : 
 
 (i) That I was personally present and did see the 
 within certificate of discharge of judgment duly signed 
 and executed by [one of] the parties thereto. 
 
 (2) That the said instrument was executed at the . 
 
 (3) That I know the said party. 
 
 (4) That I am a subscribing witness to the said instru- 
 ment. 
 
 Sworn, etc. 
 
 
APPENDIX. 
 
 EXECUTION OF DOCUMENTS. 
 
 Ontario. 
 An affidavit of the execution of a document to he 
 registered in Ontario must be made before some one of 
 the following i)ersons : 
 
 /. /// Ontario. 
 (i) The Registrar or Deputy Registrar of the county 
 in which the lands he. (liut a Registrar has no power to 
 take an affidavit provmg a claim of mechanics' lien.) 
 (2) A Judge. (3) A Commissioner authorized to take 
 affidavits. (4) A Justice of the Peace for the counlv in 
 which the affidavit is sworn. (5) A Notary Public. ' 
 
 II, In Quehcc. 
 (i) A Judge or Prothonotary of the Su{)erior Court 
 or Clerk of the Circuit Court. (2) A Commissioner 
 authorized to take affidavits for use in Ontario, (j) A 
 Notary Public, certified under his official seal. 
 
 ///. /// Great Britain or Ireland. 
 (i) A Judge. (2) The Mayor or Chief Magistrate of 
 any city, borough, or town corporate, and certified under 
 the common seal of the city, borough, or town. (3) A 
 Commissioner authorized to take affidavits for use in 
 Ontario. (4) A Notary Public, certified under his 
 official seal. 
 
 11; 
 
 M 
 
 I f 
 
 !: 
 
 I 
 
.'I w 
 
 \'\ 
 
 
 500 
 
 APPENDIX. 
 
 
 t* 
 
 
 /F. /// rz British colony or possession. 
 
 (1) A Judge. (2) The Mayor of any city, borough, 
 or town corporate, and certified under the common seal 
 of the city, borough, or town, (3) A Notary Public, 
 certified under his official seal. 
 
 In the Ikitish possessions in India it may be made 
 (in addition to the persons above mentioned) before 
 {a) any Magistrate or Collector certified to have been 
 such under the hand of the Governor of such possession ; 
 (b) a Commissioner authorized to take affidavits for use 
 in Ontario. 
 
 V. In a forcii:;n country. 
 
 (i) The Mayor of any city, borough, or tov/n cor- 
 porate of such country, and certified under the common 
 seal of the city, borough, or town. (2) A Consul, Vice- 
 Consul, or Consular Agent of Her Majesty resident in 
 the country. (3) A Judge of a court of record. (4) A 
 Notary Public, certified under his oiricial seal. (5) A 
 Commissioner authorized to take affidavits for use in 
 Ontario. 
 
 If any of the officers mentioned in paragraphs II., 
 III., and IV., above, has not an official seal, it shall be 
 sufficient for him to certify. 
 
 Manitoba. 
 
 An affidavit of the execution of a document to be regis- 
 tered in Manitoba must be made before a Judge, Mayor, 
 Notary Public, or Commissioner authorized to take 
 affidavits for use in Manitoba. 
 
/- \ 
 
 Dr use in 
 
 INDEX. 
 
 I\ ef ere nc.s are to pages. 
 
 Administrator : 
 
 conveyance /ly, 217. 
 
 release to, 441. 
 Al;oi'TlON : 
 
 agreement for, 7. 
 Advanckmknt : 
 
 power of settlement of personal estate, 459. 
 Advkrtiskmknt : 
 
 of mortgage sale, 368. 
 
 declaration of puhiicatioii of, 361, 
 Affidavit. See execution of document : 
 general form, i. 
 
 of bona fules of Ijill of sale, 147. 
 
 " l)y agent, 148. 
 
 " chattel mortgage, i$7. 
 
 by agent, 158. 
 future advances, 168. 
 promissory note, 165. 
 assignment of chattel mortgage, 173. 
 
 for benefit of creditors, 100. 
 " claim, Assignments and I'references Act, 3. 
 
 execution of assignment of chattel mortgage, 174. 
 '* award, 93, 
 
 " chattel mortgage, 158. 
 
 " instrument to be registered, i. 
 
 whom to be made before, 2 (tioU), 499. 
 " lien note, 2. • 
 
 " transfer of minir.g lease, 139. 
 justification of bond for security for costs, 191. 
 posting up advertisement, 267. 
 
 (( 
 it 
 
 (I 
 
 < ( 
 
 << 
 
 K 
 
 1« 
 
 <( 
 
 ( t 
 11 
 
 II 
 
 l( 
 
502 
 
 INDEX. 
 
 i^ 
 
 '^.f' \'>i\ 
 
 ' ''f,t ' 5 
 
 
 AFi-U)AViT~Co/i/inucti: 
 
 of publication of advertisement, 267. 
 on renewal of chattel mortgage, 178. 
 under Creditors' Relief Act, 4. ' ' 
 
 *' Land Titles Act—See land titles. 
 " Mechanics' Lien Act — See mechanics' liens. 
 Affirmation : 
 
 general form, 5. 
 Agent : See bill of sale, chattel mortgage. 
 Agreement: 
 
 general form, 6. 
 
 adoption, 7. 
 
 apprenticeship, 9. 
 
 articles of clerkship, 11, 
 
 author anil publisher, to pay royalty, 41. 
 
 " " one edition, copyright reserved, 44. 
 
 " '* to enlarge l)ook for second edition, 45. 
 
 buihling contract with one contractor, 14. 
 
 " '* ** several contractors, 23. 
 
 building loan, 33, 36, 39. 
 cliarter party, 47. 
 employer and employee, 76. 
 exchange of lands, 50. 
 extending mortgage, 347, 349. 
 
 " " assent to, by subsequent mortgagee, 351. 
 
 hire receipt, 58. 
 
 master and servant, clerk or workman, 76. 
 offer of exchange of land, 49. 
 " to purchase, 64. 
 " " sell, 64. 
 partition by joint owners of patent, 414. 
 
 " " tenants in common, 51. 
 party wall, 53. 
 
 for possession of land before conveyance, 55. 
 postponing mortgage, 352. 
 jiublic school trustees and teacher, 56. 
 purchase of article on lease system, s8, 
 
INDEX. 
 
 tjagee, 351. 
 
 503 
 
 Ag r e em r NT— Continued . 
 sale of business, 59. 
 land, 66, 72. 
 
 (( CI 
 
 special clauses : 
 
 attornmont, 70. 
 
 covenant to pay encumbrances, 67. 
 
 damages for breach of contract, 71. 
 
 delivery of possession, 69. 
 
 errors in description, 69. 
 
 existing tenancies, 70. 
 
 fixtures, 70. 
 
 interest on purchase money, 70. 
 re-sale on default, 71. 
 
 time the essence of the contract, 71. 
 
 title, objections to, and requisitions on, 67. 
 sale of physician's practice, 61, 
 
 " " ship, 75. 
 " " standing timber, 73. 
 Annuity : 
 
 bequest of, 473. 
 grant of, 233. 
 Appointmknt : 
 
 under power in marriage settlement, 464. 
 
 Ari'RENTICE.SHIP : 
 
 agreement where parent to clothe and support, 9, 
 
 K 
 
 master 
 
 lo. 
 
 Ariutration : 
 
 agreement for submission to one arbitrator, 77, 81. 
 
 " three arbitrators, 82. 
 appointment to proceed with reference, 88. 
 
 of arbitrator under Mechanics' Lien Act, 309. 
 " new arbitrators, 83. 
 *• third arbitrator, 87. 
 award where submission by agreement or deed, 91. 
 
 " bond, 92. 
 " " rule of court, 92. 
 
 
 If 
 
 (I 
 
 affidavit of execution of, 93. 
 
 3i 
 
 
 I >iil 
 
 11 
 
 "! 
 
504 
 
 IN1>KX. 
 
 
 i n 
 
 vv 
 
 
 Arimtration — Continued: 
 award, notice of, 94. 
 bond to refer to, 85. 
 clause in building contract, 20. 
 " " partnership deed, 390, 393. 
 " lease, 281. 
 
 " conveyance of timber, 232. 
 demand for documents, 8S. 
 enlargement of time by arbitrators, 90. 
 
 •♦ '• " " parties, 90. 
 
 oath of witness, 88. 
 power of attorney to submit to, 429. 
 revocation of submission to, 89. 
 
 " notice of, 90. 
 submission by deed, 84. 
 
 '* to, short clauses of, 20, 390, 393. 
 
 Articles of Clkrkshii' : 
 to a solicitor, 11. 
 " " assignment of, 122. 
 Assignment. See transfer : 
 
 of instrument, general form, 122. 
 articles of clerkship, 122. 
 bond by endorsement (deed poll), 125. 
 " with covenants by assignor, 125. 
 book debts by trustee for creditors, 121. 
 chattel mortgage, 171. 
 copyright, 126. 
 Crown lands, 128. 
 debt, 129, 131. 
 insurance policy, 132. 
 invention, 410. 
 judgment, 132. 
 lease, 133, 135. 
 legacy, 137. 
 mortgage, 140. 
 patent, 410. 
 rent, 142. 
 
INDEX. 
 
 505 
 
 
 (I 
 << 
 «< 
 
 << 
 
 
 AsSUiN M KNT— C^«/'/////f</; 
 
 for benefit of creditors (AssigniDcntsand Preferences Act), 95, iv. 
 
 common law form (individual), 97. 
 " " (partnershii)), loi. 
 '* " (individuals or part- 
 nership (short form), 105. 
 Assignments and Prefkrences Act : 
 affidavit of claim, 3. 
 assignment for benefit of creditors, 95, iv. 
 
 A'lTESTATION : 
 
 clause in agreement or deed, 6, 81, 87, 89. 
 " award, 93. 
 " comjiosition deed, 109. 
 " Land Titles forms, 255. 
 AnORNMENT : 
 
 clause in sale of land, 70. 
 " " mortgage, 326. 
 Auctioneer : 
 
 declaration of, 362. 
 Author AND I'uhi.ishkr : 
 
 agreement for payment of royalty, 41. 
 
 " to enlarge book for second edition, 45. 
 
 topublishone edition, royalty, copyright reserved, 44. 
 Authority to Acent : 
 
 to take chattel mortgage, 1 59. 
 " renew " " 174, 
 
 by a company, to take and renew chattel mortgage, 175. 
 to take and renew all mortgages, 176. 
 Award: 
 
 by arbitrators, 91. 
 
 notice of, 94. • 
 
 affidavit of execution of, 93. 
 Uank : 
 
 power of attorney to transact banking business, 435. 
 Bknekicial Owner : 
 conveyance l)y, 206. 
 mortgage by, 317. 
 
 iU 
 
 . I: 
 I ill 
 
 ■'■■I 
 
 iii i 
 
■.»./ 
 
 u 
 
 Irk 
 
 
 I- S' 
 
 
 '^^^H;ii 
 
 
 r 'if 
 
 
 ■ 
 
 'mi 
 
 Ir, 
 
 
 506 
 
 INDEX. 
 
 BI':qup:.st. Sec will. 
 Bill ok Salic : 
 
 of chattels, 144. 
 
 authority to agent to take, 148. 
 
 of vessel, 149. 
 Bond : 
 
 assignment of, by deed poll, 125. 
 
 " " with covenants by assignor, 125. 
 
 collateral to mortgage, 186. 
 
 to convey land, 185. 
 
 for fidelity of clerk, 188. 
 
 by one person, general form, 181. 
 
 by two or more persons, general form, 181. 
 
 of indemnity, general form, 182. 
 
 •' " on paying lost note, 183. 
 
 indciiiiiifying retiring partner against firm debts, 401. 
 
 for payment of money, 184. 
 ' ••curi'' *" " costs, 189. 
 
 to reler to arbitration, 85. 
 Book. See author and i'Uhlisher. 
 Book Debts : 
 
 assignment of, by trustee for creditors, 121. 
 " " in sale of business, 60. 
 
 Bricks : 
 
 covenant not to manufacture, 213. 
 Buii.DiNd : 
 
 agreement for loan, 33, 36, 39. 
 
 contract between proprietor and one contractor, 14. 
 " " " " several contractors, 23. 
 
 restrictions, 214, 215. 
 Business : 
 
 agreement for sale of, 59- 
 
 bequest of, 472. 
 
 power of attorney to a trustee to wind up, 432. 
 
 CERTri'lCATE : 
 
 of notary's authority in New York Stute, 366. 
 of notary or commissioner (Land Titles), 269. 
 
INDKX. 
 
 507 
 
 
 (( 
 
 CERiiviCATE—Con/inited : 
 
 as to taxes (Land Titles), 268. 
 
 of limited partnership. 402. 
 Charge. iV^ land titles. 
 Charter Party ; . 
 
 agreement, 47. 
 Chattel Mortgage : 
 
 general form, with special clauses, 150. 
 
 to secure endorsement of note, 160. 
 
 future advances of goods, 166 
 
 money, 169. 
 assignment of, 171. 
 
 authority to agent to take, 159. 
 " renew, 174. 
 
 by a company to take and renew a certain 
 „ ^, mortgage, 175. 
 
 to take and renew ail mortgages 176 
 statement on renewal, J 77. 
 discharge of, 1 79. 
 Clerk : 
 
 agreement with employer, 76. 
 bond for fidelity of, 188. 
 Clerkship: 
 
 articles of, 1 1 . . , • 
 
 assignment of articles of, 122. 
 Coal Mines : 
 
 conveyance of, 210. 
 Co-heirs : 
 
 partition deed between, 228, 
 Company: 
 
 attestation by, 6. 
 
 authority to agent by, to take chattel mortgage, 17(5 
 conveyance under power of sale by, 224. 
 covenant to pay fines, 142. 
 
 power of attorney to vote at meetings of, 421. 
 Composition: , 
 
 agreement for, 112. 
 
 Ili 
 
So8 
 
 INDEX. 
 
 J V :i 
 
 h- i 
 
 
 )'ih k'V' 
 
 u 
 
 CoMl'OsniON — Continued: 
 
 deed, io6, 109. 
 
 of df])t, receipt for, 118. 
 Conditions OK Sai.k OK Goods : 
 
 general form, 20.?. 
 
 sold by trustee for creditors, 202, 
 
 CONDMIONS OK SaLK OK LAND : . 
 
 standiiijj; conditions of court, 192. 
 common forms, 193, 19S, 200. 
 
 CONVKYANCE. .S'tf DICED, (;RANr : 
 
 by administrator, 217. 
 
 " l)eneficial owner, 206. 
 
 •' executor, 218. 
 
 •' trustees, 219. 
 
 of land, reserving minerals, 211. 
 
 " " special descriptions, reservations, and covenants, 207. 
 
 *' mines, 209. 
 
 *' mining lands in Quebec, 226. 
 
 " timber, 231. 
 
 quit-claim, 221. 
 
 partition between co-heirs, 228. 
 
 release of mortgaged premises by deed, 443. 
 
 under power of sale, 222. 
 
 " " by a company, 224. 
 
 " " Manitoba Real Property Act, 486. 
 statutory, 205. 
 to trustees of marriage settlement, 462. 
 
 Co-l'ARTNEKSHIP. .S'tr rARTNERSHIP : 
 
 declaration of, 403. 
 Copyright. See author and publisher : 
 
 assignment of, 126. 
 Costs. See solicitor. , 
 
 Creditors' Reliek Act : 
 
 affidavit of claim, 4. 
 Crown Lands : 
 
 assignment of, 128. - 
 
 
;nanls, 207. 
 
 t, 486. 
 
 tNhr:x. 
 
 Damages : 
 
 for breach of contract, 71. 
 Dkb r : 
 
 assignment of, 129, 131. 
 direction in will to pay (Id)ts, 470. 
 receipt for composition of, 118. 
 release of debts by will, 474. 
 Debtor : 
 
 notice to, of assignment of debt, 369. 
 
 JiKlgnient, 369. 
 reconveyance to, by trustee for creditors, 1 18. 
 Declaration : 
 statutory, 242. 
 of co-partnership, 403. 
 " dissolution of partnership, 405. 
 . '* auctioneer, 362. 
 posting bills, 361. 
 
 publication of advertisement, 361. 
 service of notice of sale, 360. 
 " trust of mortgage moneys, 244. 
 
 purchase money, 242. 
 " " "stock, 246. 
 Deed. ^6v conveyance, grant : 
 statutory, 205. 
 
 of sale of mining lands in Quebec, 226. 
 Default : 
 
 re-saleof land on, 71, 235, 335. 
 Devise. See will. 
 Devisees : 
 
 partition deed between, 228, 
 Discharge : 
 
 of chattel mortgage, 179. 
 
 " mechanics' lien, 310. 
 
 " mortgage, 354. 
 
 partial, 355. 
 
 after sale under execution, 356. 
 
 509 
 
 
 
 I:' 
 
 Ml 
 
 II 
 
5i<5 
 
 INDEX. 
 
 II -I 
 
 sir»t 
 
 I hi -i 
 
 J h 
 
 Distress: 
 
 clause in grant of annuity, 234. 
 
 " " mortgage, 323. 
 warrant under chattel mortgage, ijg. 
 *' for interest on a mortgage, 354. 
 " landlord's, 272. 
 Doctor. See physician. 
 DowKR : 
 
 power of attorney to bar, 431. 
 release of, by widow, 446. 
 '• " wife, 447. 
 
 Drains. See sewers. 
 
 Employer AND Employee : • 
 
 agreement between, 76. 
 Encumbrances: , 
 
 coveiant to pay, on purchase of land, 67. 
 
 '* that mortgagee may pay, and charge mortgagor, 324. 
 Endorsement: 
 
 of service of notice of sale, 360. 
 Equity of Redemption : 
 
 release of, 444. 
 Exchange ok Land : 
 
 offer of, 49. 
 
 agreement for, 50. 
 Execution ok Document : 
 
 to be registered, whom affidavit to be made before, 499. 
 Executor : 
 
 appointment of, 477. 
 
 conveyance by, 218. 
 
 release to, 441. ' 
 Extension : 
 
 deed of, between debtor and creditors, 113. 
 Farm : 
 
 devise of, 471. 
 
 lease of, 294. 
 Future Advances : 
 
 of goods, chattel mortgage to secure, 166. 
 
 money, 
 
 169. 
 
■P 
 
 "■tS^gor, 324. 
 
 ?. 499. 
 
 INDKX. 
 
 Cooi) wii.i, : 
 
 in a{;rccmenl for sale of business, 59. 
 
 " partncrshij) (leed, 390. 
 
 " dissolution of partncrshi]), 406. 
 
 CiRANT. 6V<?CONVHYANCE: 
 
 of right of way, 238, 240, 208. 
 " annuity charged on land, 233. 
 
 GUAKANTKK : 
 
 for a certain amount, 248, 249. 
 continuing, but limited in amount, 249. 
 
 for balance above fixed sum, 250. 
 unlimited and continuing, 247. 
 to bankers, 251. 
 of rent, 253. , 
 
 " payment of a debt, 252. 
 Guardian : 
 
 appointment of, by will, 477, 
 Heirs, Executors, Administrators, and Assigns 
 
 clauses covering these words, 27, 41, 61, 113. 
 IIirp: Keceii't : 
 
 form of, 58. 
 IIOTCHi'or: 
 
 clause in marriage settlement, 459. 
 House: 
 
 lease of, special clauses, 274. 
 Incumbrances, i'cd? encumhrances. 
 Indemnity: 
 
 bond of, general form, 182. 
 
 upon paying lost note, 1S3. 
 to retiring partner against firm debts, 401. 
 Insolvency : 
 
 affidavit of claim in, 3. 
 clause in mortgage, 327. 
 Insurance : , 
 
 assignment of policy of, 132. 
 bequest of policy of, by will, 473. 
 clause in arrangement with creditors, 115. 
 
 511 
 
 (I 
 
 !i 
 
 (I'f 
 
 
 i 
 
5«2 
 
 INI»KX. 
 
 
 M' i \> ' 
 
 
 n 
 
 
 
 H If. i 
 
 r" t'li! 
 
 l!(i 
 
 < ■< 
 
 •:r; 
 
 Insii KANCK -Coiidnunl : 
 
 clause in ch.illt'l niorlga};e, 155. 
 covenant in mi)rtj;aj;e, 321. 
 ni()rtj;ii{;e of life policy, 327, 
 In TKKKsi : 
 
 on purchase money, 70. 
 compo\in(l, 319. 
 
 reduced rate for punctual payment, 319. 
 INVKNTION : 
 
 assijjjnment of, 410. " 
 
 JUDCMKNl' : 
 
 assignment of, 1 32. 
 LANuTni.Ks: 
 
 affidavit of posting; up of advertisement, 267. 
 " '• publication of " 267. 
 
 certificate of person administering oath, 269. 
 cessation of charge, 264, 266. 
 charge or mortgage, 257. 
 discharge of mortgage, 262. 
 
 " " " partial, 263. 
 
 power of attorney to make transfers, 269. 
 transfer of charge or mortgage, 260. 
 transfer of freehold land with bar of dower, 255. 
 
 " *' " or leasehold land without dower, 256. 
 tax certificate, 268. 
 Lan'DI.oki) and Tknant. See attornmen r : 
 distress warrant, 272. 
 
 guarantee of rent to be endorsed on lease, 253. 
 notice of intention to quit, 270. 
 notice to lessee of determining lease, 374. 
 " •' quit, 270. 
 
 " tenant who claims exemptions, 270. 
 by purchaser of premises, 373. 
 to repair, 373. 
 
 by vendor to pay rent to purchaser, 372. 
 set off by tenant, 271. 
 power of attorney to collect rents and eject tenants, 425. 
 
 << << 
 
 (C 
 
INIiKX. 
 
 Lease : 
 
 assignment of, ijj, ,3,;. 
 of farm, 294. 
 " house, 274, 283. 
 '* mining rights. 304. 
 
 lands, transfer of, 138. ' 
 
 unfurnished lodgings, 285. 
 " furnished house, 286. 
 " offices, 288. 
 " oil lands, 298. 
 mortgage of, 330, 336. 
 special clauses: 
 
 use of passageway, 275. 
 reservation of passageway, 275. 
 covenant to paint, 276. 
 
 " keep grounds in order, 276. 
 " leave hay and manure, 277. 
 " put up notice to let, 277. 
 '• renew lease, 280. 
 " sell to lessee, 281. 
 for light and air, 278. 
 " use of yard, 282. 
 statutory covenant^, 27S. 
 not to alter premises, 277. 
 
 claim exemptions, 278. 
 
 if lessee in business difficulties, 279. 
 
 that lessor may determine lease, 281. 
 
 rent to abate in case of fire, 281 287 
 
 statutory, 273. ' /• 
 
 .surrender of, 448, 449. 
 
 power of attorney lo make, 424. 
 Legacy : 
 
 assignment of, 137. 
 bequest of, 473, 474. 
 mortgage of, 339. 
 
 power of attorney to receive, 429. 
 release of, 442, 
 
 513 
 
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514 
 
 INDEX. 
 
 Lessee : 
 
 notice to, of intention to determine lease, 374. 
 Letters Patent. See patent. 
 License : 
 
 to use a patent, 411. 
 Lien Note : 
 
 affidavit of execution of, 2. •; • 
 
 Manitoba Forms : " 
 
 Short Forms Act. 
 
 statutory deed, 481. 
 
 " " affidavit of execution of, 482. 
 
 " lease, 483. 
 " mortgage, 483. 
 Real Property Act. 
 
 transfer of land, 484. 
 
 ** affidavit of execution of, 485. 
 " " " transferor, 485. 
 
 conveyance under power of sale, 486. 
 lease, 487. 
 mortgage, 488. 
 
 short forms of covenants, 490. 
 transfer of mortgage or lease, 491. 
 
 " " " *• by endorsement, 492. 
 
 power of attorney, 493. 
 
 affidavit of service of notice of application, 494. 
 caveat forbidding land to be brought under Act, 494. 
 " dealing with land under Act, 495. 
 affidavit in support of, 496. 
 Miscellaneous Forms : 
 
 discharge of mortgage, 497. 
 '• judgment, 497. 
 
 " " affidavit of execution of, 498. 
 Marine Protest : 
 form of, 367. 
 
 notarial cert" ' le of, 368. 
 Master and Slkvant : 
 agreement between, 76. 
 
 
 (I 
 
INDEX. 
 
 515 
 
 Mechanics' Lien : 
 
 affidavit of agent of contractor, 313. 
 
 " " mortgagor, 313. 
 appointment of arbitrator, 309. 
 claim for wages, by one person, 308, 309. 
 
 " affidavit verifying claim, 308. 
 claim for work or materials, 306. 
 
 affidavit verifying claim, 307. 
 clause in building loan agreement, 35, 38. 
 contractor's affidavit, 312. 
 discharge of, 310. 
 
 notice to owner by sub-contractor, 312. 
 " of sale of chattels, 311. 
 Minerals : 
 
 conveyance of land reserving, 211. 
 Mines: 
 
 conveyance of, 209, 210. 
 
 deed of sale of, in Quebec, 226. 
 Mining Lease : 
 
 transfer of, 138. 
 
 rights, lease of, 304. 
 Misdescription : 
 
 on sale of land, 69. 
 Mortgage. 5>^ chattel mortgage : 
 
 agreement extending, 347, 349. 
 
 assent to, by subsequent mortgagee, 351, 
 " postponing, 352. 
 assignment of, 140. 
 bequest of, 473. 
 bond collateral to, 188. 
 by beneficial owner, 317. 
 declaration of trust of moneys, 244. 
 discharge of, 354. 
 
 " •' partial, 355. 
 
 ** after sale under execution, 356. 
 •• (Land Titles), 262. 
 
 " partial, 263. 
 
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 II 
 
 I 
 
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 516 INDEX.. 
 
 Mortgage — Continued : 
 of insurance policy, 327. 
 " lease, 330, 336. 
 " legacy, 339. 
 " mortgage, 340. 
 " patent, 417. 
 release of, by deed, 443. 
 general form, 318. 
 special clauses : 
 
 agreement collateral to mortgage, 327. 
 
 attornment, 326. 
 
 bonus in lieu of notice, 320. 
 
 buildings to become fixtures, 321. 
 
 compound interest, 319. 
 
 distress, 323. . 
 
 insolvency, 327. 
 
 insurance, 321. 
 
 keeping premises in repair, 322. 
 
 notice, 322. 
 
 payment of existing encumbrances, 324. 
 
 power of sale, 322. 
 
 profit costs, 325. 
 
 reduced interest for punctual payment, 319. 
 
 sale of portions of land, 325. 
 to secure endorsement of note, 344. 
 statutory, 315. 
 
 of vessel, ^f'tf bill OF sale of vessel. 
 Mortgager : 
 
 assent of, to prior mortgage, 351. 
 New York : 
 
 certificate of notary's authority in the State of, 366. 
 Notarial Certificate : 
 of marine protest, 368. 
 " true copy, 365. 
 verifying signatures, 365. 
 Notary : 
 
 certificate of authority of, in New York State, 366. 
 
INDEX. 
 
 Notice : 
 
 clause in tnougage, 322. 
 determining partnership, 404. 
 of assignment of debt, 369, 
 
 " judgment, 369, 370. 
 " dissolution of partnership, 404. 
 *' intention to quit, tenant to landlord, 270. 
 " sale of chattels (Mechanics' Lien), 311. 
 I' " land, 357, 358. 
 
 declaration of service of, 360. 
 
 endorsement of service of, 360. 
 " set oflF, tenant to landlord, 271. 
 to lessee of determining lease, 374. 
 " mortgagee of paying oflf mortgage, 371. 
 " mortgagor by assignee of mortgage, 371. 
 " owner by sub-contractor (Mechanics' Lien), 312. 
 
 purchaser to complete contract, 375. 
 '• quit, landlord to tenant, 270. 
 " executor by assignee of legacy, 370. 
 tenant who claims exemptions, 270. 
 to make repairs, 373. 
 by mortgagee to pay rent, 372. 
 " purchaser '• •' 373. 
 
 •* vendor " *' 372. 
 
 " vendor to complete contract, 374. 
 Oath : 
 
 of allegiance, 4. 
 to witness in arbitration, 88. 
 Offer : 
 
 of exchange of land, 49. 
 
 to purchase, 64. 
 
 " sei:, 64. 
 Oil Lands : 
 
 lease of, 296. 
 Partition : 
 
 agreement for, by tenants in common, 51. 
 deed of, 228. 
 
 517 
 
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 518 
 
 INDEX. 
 
 Partnership : 
 
 admission of new partner into existing firm, 398. 
 assignment for benefit of creditors, loi, 105. 
 bequest of share in, 472. 
 bond indemnifying retiring partner, 401. 
 certificate of limited partnership, 402. 
 declaration of co-partnership, one person, 403. 
 
 •* '* *' several persons, 403. 
 
 " " dissolution of, 405. 
 
 deed of, between two persons, 376, 392, 394. 
 special clauses : 
 
 duration of partnership, 376. 
 
 name of firm, 376. 
 
 place of business, 377. 
 
 bankers, 377. 
 
 deposit of moneys, 377. 
 
 partners may draw cheques and endorse, 377. 
 
 capital, 377. 
 
 increase of capital, 378. 
 
 advances by partners, 378. 
 
 payment to one partner for rent, 378. 
 
 profits, 379. 
 
 expenses and losses, 379. 
 
 partners may draw monthly sums, 379. 
 
 books of account, 380. 
 
 not to engage in other business, 380. 
 
 not to endorse or become surety, 381. 
 
 not to make contracts exceeding a certain amount, 381. 
 
 not to give credit after notice to the contrary, 382. 
 
 not to compound or discharge debts, 382. 
 
 one partner may compound with debtor, 382. 
 one partner to be manager at a salary, 382. 
 
 hiring and discharging clerks and servants, 383. 
 bonds, notes, etc., to be signed by both partners, 383. 
 
 trade secrets, 383. 
 
 partners to pay their private debts, 384. 
 annual accounts, 384. 
 
INDEX. 
 
 519 
 
 Partnership— special cXzm&cs— Continued : 
 reserve fund, 384. 
 
 provisions for the admission of sons, 385. 
 power to determine partnership by notice, 385. 
 partnership determinable if nofprofits, 386. 
 partner not to assign his share, 386. 
 one partner may sell share, giving other option of pur- 
 
 . chase, 386. 
 on partner retiring, other partner may purchase share, 387. 
 retiring partner not to carry on business, 387. 
 on death or bankruptcy of either partner, other may 
 
 purchase share, 388. 
 power to expel partner and purchase his share, 388. 
 mode of ascertaining value of share, 389. 
 good will, 390. 
 
 winding up, on dissolutioh of, 390. 
 arbitration, 390. 
 
 amending partnership articles, 391. 
 dissolution of, by deed, 405. 
 extension of term, 400. 
 notice determining, 404. 
 
 " of dissolution of, 404, 
 at will, 376 {note). 
 Party Wall : 
 
 agreement, 53, 214. 
 Patent : 
 
 agreement for partition of, 414. 
 assigiiment of, 410. 
 
 " " invention before issue of, 410. 
 
 license to use, 411. 
 
 mortgage of, 417. 
 3'hysician : 
 
 agreement for sale of practice, 61. 
 Policy. See insurance. 
 Possession : 
 
 agreement to give, before conveyance of title, 55. 
 delivery of, 69. 
 
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 1 B 
 
 520 
 
 INDEX. 
 
 Power. See appointment. 
 Power of Attorney : 
 special clauses : 
 
 to settle accounts, 429. 
 
 maintain actions, 428. 
 
 submit to arbitration, 429. 
 
 take bill of sale, 148. 
 
 a trustee to wind up a firm's business, 432. 
 
 take a chattel mortgage, 159. 
 
 renew a chattel mortgage, 174. 
 
 take and renew a chattel mortgage to a company, 175. 
 " " " all chattel mortgages, 176. 
 
 draw cheques, etc., 431. 
 
 vote at meetings of a corporation, 431. 
 
 compound debts, 428. 
 
 pay or compromise debts, 428. 
 
 recover debts due, 427. 
 
 " a particular debt, 427. 
 
 execute a particular deed, 422. 
 
 bar dower, 431. 
 
 invest moneys and recover sums due, 425. 
 
 make leases, 424. 
 
 receive a legacy, 429. 
 
 mortgage a particular lot, 423. 
 
 " real and personal estate, 423. 
 
 sell personal estate, 424. 
 
 manage real estate, 422. 
 
 sell real estate generally, 423. 
 
 give receipts and discharges, 428. 
 
 collect rents and eject tenants, 425. 
 
 accept stock, 430. 
 
 appoint substitutes, 433. 
 
 transfer stock, 430. 
 
 accept and transfer stock and receive dividends, 430. 
 
 make transfers (Land Titles), 269. 
 not to be revoked by death, 433. 
 ratification, 433. 
 
INDEX. 
 
 521 
 
 my, 175. 
 
 430- 
 
 Power ok Attorney— special c\auses—Con/iftued: 
 by person going abroad, 433. 
 to transact banking, 435. 
 appointment of substitutes, 437. 
 revocation of, and appointment of new attorney, 438. 
 Power of Sale : 
 
 conveyance under, 222. 
 
 " " by a company, 224. 
 
 " " Manitoba R.P. Act, 486. 
 
 in grant of annuity charged on land, 235. 
 *' mortgage, 322. 
 Promissory Note : 
 
 chattel mortgage to secure endorsement, 160. 
 land " .« .. ^^^ 
 
 Protest : 
 
 marine, 367. 
 Purchaser r 
 
 notice to, to complete contract, 375. 
 Quebec : 
 
 conveyance of mining lands in, 226. 
 Quit Claim : 
 
 deed, 221. 
 Receipt : 
 
 for composition of debt, 118. 
 Recitals : 
 
 of agreement to secure endorsement of note, 344. 
 
 '* amount due on mortgage, 349. 
 
 " assignment of mortgage, 349. 
 
 " bond, 125. 
 
 *' chattel mortgage, 171. 
 
 *' conveyance of land, 243. 
 
 *' copyright, 127. 
 
 *' debt, 129. 
 
 " default in payment of mortgage moneys, 224. 
 
 " endorsement of note, 160, 344. 
 
 " grant of administration, 217. 
 
 '' " " probate, 219. 
 
522 
 
 INDEX. 
 
 Reci TALS — Continued : 
 
 *' intended marriage, 457. 
 intestacy and administration, 229. 
 judgment, 132. 
 lease, 133, 449. 
 legacy, 137. 
 letters patent, 411. 
 mortgage, 222. 
 ownership of patent, 417. 
 partnership, 405. 
 
 postponement of prior mortgage, 353. 
 power of attorney, 437. 
 promissory note, 183. 
 
 submission to arbitration, by agreement, 91. 
 •• " •• bond, 92. 
 
 •• " " rule of court, 92. 
 
 will, 220. 
 •♦ and probate, 228. 
 Reconveyance : 
 
 to debtor by trustee for creditors, 118. 
 Release : 
 
 of dower by wife, 447. 
 " " " widow, 446. 
 " equity of redemption, 444. 
 " mortgaged premises, by deed, 443. 
 to executor or administrator, 441. 
 general, 440. 
 
 by legatee, of legacy charged on land, 442. 
 mutual, by three persons, 440. 
 Rent : 
 
 assignment of, as collateral security, 142. 
 power of attorney to collect, 425. 
 to be applied on purchase money, 70. 
 Re-sale of Land : 
 
 on purchaser's default, 71. 
 Reversion : 
 
 conveyance of, 208. 
 
INDEX. 
 
 523 
 
 Right of Way : 
 
 grant of, 238, 240, 208. 
 
 description of, in a conveyance, 208. 
 
 reservation of, 210. 
 Royalty : 
 
 covenant to pay, 41, 44, 413. 
 Sale of Goods : 
 
 conditions of, 202. 
 vSale of Land : 
 
 conditions of, 192, 193, 198, 200. 
 
 agreement for, 66, 72. 
 School Teacher : 
 
 agreement with school board, 56. 
 Separation Deed : 
 
 with trustee, 451. 
 
 without trustee, 454. 
 Set-off : 
 
 by tenant, 271. 
 Settlement : 
 
 of personal estate, 457, 461. 
 
 appointment under power in, to a son in fee, 464. 
 
 conveyance of real estate to trustees, 462. 
 
 disclaimer of trusts of, 465. 
 Sewers : 
 
 conveyance of land for use of, 208. 
 
 reservation of right to lay, 211. 
 Ship. See vessel. 
 Solicitor : 
 
 costs of solicitor-mortgagee, 325. 
 " " *' trustee, 460, 477. 
 Statement : 
 
 on renewal of chattel mortgage, 177. 
 Stock : 
 
 declaration of trust of, 246. 
 
 power of attorney to accept, 430. 
 
 *• '* and transfer, 430. 
 *• transfer, 430. 
 
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 524 
 
 INDEX. 
 
 h !• H 
 
 h--' H! 
 
 i:S 
 
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 Stock-in-Trade : 
 
 agreement for sale of, 59. 
 Surrender of Lease : 
 
 by endorsement, 448. 
 
 *• separate instrument, 449. 
 Tax Certificate : 
 
 Land Titles, 268. 
 Tenancy : 
 
 sale subject to, 70. 
 Tenant. See landlord and tenant. 
 Tenants in Common : 
 
 agreement for partition by, 51. 
 
 devise to children as, 475. 
 Timber : 
 
 agreement for sale of, 73. 
 
 conveyance of, 231. 
 Time : 
 
 essence of contract, 71. 
 Title : 
 
 requisitions on, and objections to, 67. 
 Transfer. See land titles, Manitoba, stock : 
 
 of mining lease, 138. 
 Trustee : 
 
 appointment of, by will, 477. 
 
 assignment of book debts by, 121. 
 
 for creditors, reconveyance by, to debtor, 118. 
 
 conveyance by, 219. 
 
 costs of solicitor, 460, 477. 
 
 covenant by, indemnifying husband against wife's debts, 453. 
 
 investments allowed to, 425. 
 
 power of attorney to, to wind up business of a firm, 432. 
 Vendor : 
 
 notice by, to purchaser to complete contract, 
 *• to, to complete contract, 374. 
 ** *' tenant by, to pay rent to purchaser, 372. 
 Vessel : . . 
 
 agreement for sale of, 75. • ' 
 
INDEX. 
 
 525 
 
 Vessel — Contittuca: 
 bill of sale of, 149. 
 
 mortgage of. See mi.L of sale of vessel. 
 Water Lot : 
 
 description of, 207. 
 Way. See right of way. 
 Wills : 
 
 everything to one person and appointing him executor, 468. 
 everything to wife for life and then to children, 468. 
 general form, 469. 
 special clauses : 
 
 appointment of executors and trustees, 477. 
 
 '* " guardian, 477. 
 
 bequest of ready money, 470. 
 " " personal articles, 470. 
 " " •' effects and furniture, 470. 
 " " furniture to wife and then to children, 470. 
 '« " leasehold house with furniture, 471. 
 '• " business, 472. 
 " *' share in partnership to son, under a power in 
 
 partnership articles, 472. 
 " "a mortgage security, 473. 
 " " insurance policy, 473. 
 " " annuity, 473. 
 " *' pecuniary legacy, 473. 
 '* " legacy charged on specific real estate, 473, 
 " " " to wife, payable immediately, or by 
 
 instalments, 474. 
 " " " " vest on full age or marriage, 474. 
 " " " " creditor, 474. 
 " " residue of personal estate, 475, 
 devise of farm with crops and other personal effects, 471. 
 
 " to wife for life, with remainder to children, 475. 
 direction as to abatement of particular legacies^ 474. 
 
 " to pay debts, 470. 
 release of debts to debtor, 474. 
 
;♦ :* 
 
 
 526 
 
 INDEX. 
 
 Wills — special clauses — Continued: 
 
 gift of residue of realty and personalty, 475. 
 
 " " " " •• ia trust, 475. 
 
 solicitor-trustee's costs, 4/7. 
 Windows : 
 
 covenant not to make, 215. 
 Workman : 
 
 agreement with employer, 76. 
 
 Hi ''• 
 
 m\ 
 
475- 
 
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