IMAGE EVALUATION TEST TARGET (MT-3) 1.0 I.I 1.25 IIIM ill 2.5 IIIIM 116 2.2 us 12.0 1.8 JA ill 1.6 V] n A n 32X 1' '"• -^ i ' ■ ■ -. [^ :2 3 1 2 3 4 5 6 1 / THE COMPRISIXa PRECEDENTS FOR GENERAL USE AND ttAlISES FOS SPECIAL CASES. 8Er.fiCTED AND EDITED BY W1LLI.VM HOWARD HUNTER, B.A. Of Osgoode Hall, Barrhter-at-Law. Author oj Treatise on -The Insurance Corporations Act, 1892:^ TORONTO : THE CARSWELL CO.. (Ltd.) PUBLISHERS, ETC. 1898. ^ ^ Entered according to Act of the Parliament Janada, in tlie year one thousand eight huuiired and ninoty-three. by William Howard Huntkr, in the office of the Minister of Agriculture. PREFACE. IJTILITY has been the editorVs ouidino- principle in selecting the forms included in this volume. The convenience of the general practitioner has l)een kept steadily in view. No standard for.n, it is believed, has been overlooked, and iunnediately following the typical prece.l- cnts under each title, have been ad.led clauses adapted to special or unusual cases. In this way repetition has been largely avoided and the volume kept within handy com- pass. The complete analytical index to all th.. forms greatly extends the application of the prece.lents. Care lias been used in departures from the common phraseology of older precedents to preserve the operative words established by long usage and the judgment of the courts. Equity Chamher.s, June, 189^. DOMINIOI^ CONVEYANCER. AFFIDAVITS AND DECLARATIONS. '''^•;Sfrp°er/^ affixation by a such justice or person has juSSion or nl""- '"^ ''I"*""'- ^h«"o' force at the time, or except suihoaJh or aK'"'.^""*-^^ «°™« 'a^ in required by some law in force Ts mX "5*""" " authorized or 0- 141. For the powers of com m,!^ * misdemeanor by R. s. C s. 12 .• for the PorrfofVo LrS pS":::'^'?^ ^^ ^^J''' '^^' where there is no authority for alminf«V«Wn„ ^' ^l?' ^^^- I" cases Bhould assume the form of a sLtuSrrdeclSr *^' '*"*^'"*''^* FORM 1. General Forms of Commencement. County of \ j „ To wit "^ or United Counties of j^^^unty of To wit Of Canada Province of Ontario District of To wit or Ontario District of 'To wit in the (yeonia %), in the (yeoman). I. county of I do solemnly and sincerely affirm rand declare as follows : H.1).C,— 1 in the I. of county of (yeom and is, as I verily believe, his wife. The said A. B. and C. B. are each of the age of 21 years or over, are each of sound mind and signed the said docu- ment 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, etc. n. S. 0. 1887, c. 116, form 42.] FORM 6. Affidavit Attesting Execution where Transferor t* Unmarried. Land Titles Act. I, G. H., of, etc., solicitor of thi Sapreme Court of Judica- ture (or as the case may he) make oath and say : I am well acquainted with A. B. named in the within document and saw him sign the said document, and the 4 DOMINION CONVEVANCEIl. signatiire purportitifjf to be his signature at the foot of the aaid document is in his hand-writinu". The said A. B. is, as I veiily belie v^e, the owner of the land within mentioned. The said A. B. is of the age of 21 years or over, he is reported to be and as I believe is unmarried, he is of sound juind and signed the said document voluntarily .io in the county of and province of Ontario {or air .the Cilice may he) I am a subscribing witness to the said document. Sworn, etc. t It. S. O. 1887, c. 116, form 43.] \ FORM 6. Affidavit of Justiiicaiion hy Surety. County of To wit I, A. B., of , one of the sureties in the annexed covenant named, make oath and say, as follows 1. I am seised and possessed to my own use of real (or, real and personal) estate in Ontario of the actual value of $ , over and above all charges upon or incumbrances affecting the same. 2. {Where the party has real estate). The said real estate consists of {describing the property). 3. I am worth {the amount for which the party has become liable by the covenant) $ over and above my just debts. 4. My post office address is as follows : {insert name of post office). iMt om before me, etc. AFFIDAVITS AND DECLARATIONS. O FORM 7. Affidavit of claim under Creditors' Relief Act The Creditors' Relief Act. In the County Court of the county of {state aninty or united counties in which it is intended pruccediiKjs shall be taken), A. B. claimant vs. C. D. debtor. I, A. B., of , in the county of , morchunt {or as the case may he), make oath awe! say: — 1. That I am the above named chvimant {or the duly authorized agent of the claimant in thi?' behalf) and have a peraonal knowledge of the matter hereinafter deposed to. 2. The above named debtor is justly and truly indebted to me {or the above named claimant}, in the sum oi o for {here state chortly the natv re ®^ * Province of Ontario, I being the head of a family ~~ " and desirous of purchasing lot num- ber , in the , make oath District of To wit ■concession of the township of And say : 1. That I am the head of a family. 2. Tiiat the said land is wholly' imoccupied and unim- proved, and I believe the same to be suited for settlement «,nd cultivation. 3. That I hi; /e examined the said land, and that it is not, to my knowledge, valuable for mines, minerals or pine timber, and that I desire to purchase it for my own use and benefit, for the purpose of actual settlement and culti- vation of the land, and not, either directly or indirectly, tor i 1 AFFIDAVITS AND DECLARATIONS. 11 the use or benefit of any other person, nor for tlie purpose of obtaining, possessing or disposing of any mines, minerals or pine timber thereon. Sworn before me, at ^ ) this day of 18 ! J FORM 10. Affidavit to he taken hy a male person above the age of eir/hteen years, and not the head of a family, who desires to purchase land and become a settler in North Nipissing and Algonut Districts. Canada, \ I^ ^j Province of Ontario, I make oath and say : District of f t nn ^ ^ rn „,;. 1- Inat 1 am of the full age of -10 wit. / ■ 1 < ® ^ eigJiteen j^ears. 2. Tliat I am desirous of purchasing lot number ^" ^^^^ concession of the township of in the district of , and that the said land is Avliolly unoccupied and unimproved, and I believe the same is suited for settlement and cultivation. 8. That I have examined the said land, and that it is not, to my knowledge, valuable for mi:ies, minerals or pine timber, and that I desire to purchase it for my own use and benefit, for the purpose of actual settlement and culti- vation of the land, and not, either directly or indirectly, for the use or benefit of any other person, nor for the pur- pose of obtaining, possessing or disposing of any mines, minerals or pine tindx'r thereon. Sworn before me, at ) tl us day of 18 12 DOMINIOX CONVEYANCER. FORM 17. ••Affidavit in support of application for patent for lands sold subject to settlement. Ontario, \ We, of the township District of I of , in the To wit : j of , and of the. same phice, yeomen, each for himself, make oath and say ' s * "^ 1. That I know lot number , in the concession of the township of 2. Tliat there are acres cleared and ^-^ c had under cultivation and crop on the said ^ lot CI, >-* ^ ■^ 00 o 3. That the followinjj buildinos have been ^ erected thereon, namely : A house lit for liabita- tion X feet. ft^ ■:§ 4. That said lot is occupied by , and has been continuously occupied by for years, and the improvements made thereon were made by 5. That I do not know of any claim to or occupation of said lot adverse to that of , Sworn befox-e me, at this day of 18 I Forms of Affidavits Used in Applications for Free Grants. FORM 18. AfficMvit from a single man for 100 acr . Set out the name, hist J of the !& phice of residence and ' ' , . ' occupation, in full. the , make oatn ami ^ay: 1. That I have not heretofore been located for any land under the " Free Grants and Homesteads Act " (except AFFIDAVITS AXD DECLAllATIOXS. 13 ), iioi- have I ol.taine.1 a patent for any land as a free grant, or any l,eneHt under tlwit section of the said Act which provides for the remission of arrears .hie to the Crown by settlers who purchased in Free Grant Town- ships {except for lot number ; hut that I have afjsolately and in good faith parted with the said land so patented to me. and I am entitled to and desire to obtain another location). 2. Tliat I am of the age of yeaiu 8. That I desire to be located for lot number ^^ ^'^^ concession of the township of 4. That I believe the said land is suited for settlement and cultivation, and is not valuable chiefly for its mines nnne,-als or pine timber; and that such location is .lesired for my benefit, and for the purpose of actual settlement and cultivation of such land, and not, either directly or mduvctly, for the use or benefit of any other person or persons whatsoever, nor for the purpose of obtaining possessing or disposing of any of the pine trees growing or being on the said land, or any benefit or advantage there- from, or any gold, silver, copper, lead, iron, or other mines or minerals, or any quarry or bed of stone, marl>le or gypsum thereon. _ 5. And that the said lot is wholly unoccupied and un- improved {except \ ^ 8 worn before me, at this day of is FORM 19. Affidavit when applicant is the male or sole female head of a family. ' .of the ^ in ^^^^ , make oath and say : Set out the name, last place of residence and occupation, in full. 14 DOMINION CONVEYANCER. 1. That I have not heretofore been located for any land under the " Free Grants and Homesteads Act " {except ), nor have I obtained a patent for any land as a free grant, or any benefit under that section of the said Act which provides for the remission of arreara due ta the Crown by settlers who purchased in Free Grant Town- ships {except for lot number ; hut that I have absolutely and in good faith parted with the said land so- patented to me, and I am entitled to and desire to obtain, another location). 2. That I am the male (or) sole female head of a family, having children, under eighteen years of age, resid- ing with me, consisting of son and daughter 3. That I desire to be located under the said Act and the regulations made thereunder for lot number in the concession, and lot number in the concession of the township of , 4. That I believe the said lands are suited for settle- ment and cultivation, and are not valuable chiefly for their mines, minerals, or pine timber. 5. That such location is desired for my benefit, and for the purpose of actual settlement and cultivation of such lands, and not, either directly or indirectly, for the use or benefit of any other pei-son or persons whatsoever, nor for the purpose of obtaining, possessing or disposing of any of the pine trees growing or being on the said lands, or any benefit or advantage therefrom, or any gold, silver, copper^ lead, iron or other mines or minerals, or any quarry or bed of stone, marble or gypsum thereon. 6. And that the said lots are wholly unoccupied and unimproved {except ). Sworn before me, at this day of 18 :1 AFFIDAVITS AND DECLAIlATlONs. i^ m ^Ve. , of the , in the and , of the in the ^or himself, „,ake oath and say : tU I am well acou^ll ' '»«"»^d >n the above affidavit, and that he children, under eighteen years of age ( consisting of .ndTfT . '^''''^^'^'' X residing with him- and I further make oath and say, that I know lots num W , in the concession of the township of claim to he said lots on the grounds of occupation im^ provements or otherwise, adverse to that of the appl^;^™t Sworn before me. at ) day of 18 . J this FORM 20. Aiidavit for an alloivance on account of RocJc and Stvamp. State name of applicant T « , , in full, last place of resi- ' » 01 the dence .„d oc.„p«ti„„. i„ the , make oath and .say: Ihat I have not heretofore been located for any land under the " Free Grants and Homesteads Act " except ; nor have I obtaine/ River Free Grants and Homesteads Act, and in addition thereto I desire to purchase of the said township, iov which I agree to pay, at the price and upon the terms fixed by the said Act. 4. That I believe the said land is suited for settlement and cultivation, ani of a;^e (or) that he is tlif inuh; {or sole fcindlc) head of a fuinily havin<^ c'liildren under eighteen years of age residing witli him consistini'' of st)ns and I (hiuuhters. 3. That I know the said land for which ho has applied, and tiiat it is wholly unoccui)ieosition the lots are at the time of application.) 2. That the said locatee is not, as far as I am aware, occupying or improving any other land in the said town- ship, and that he resides at Sworn before me, at in the of this day of A.D. IS . I hereby certify that I have no reason to doubt the statements contained in the foregoing affidavit ; and also that I did on the da}' of mail to the locatee of said lots at Post Office, a letter notifying him of the application for cancellation, and calling upon AFFIDAVITS AND DECLARATIONS. 23 liiin to show ciiuse why it should not be allowed, and since then I have not received any reply to the said notice •except Crown Land Agent. FORM 24. Affidavit in support of application for land under the Mines Act, 1893. Ontario, District of To wit: •o^ , in the district of swear : — ^> ) of the township of in the district of ^"^^ ^' , of the township , do solemnly 1. That, on the day of , I personally visited and carefully examined lot number in the concession of the township of and at that time there was no person residing on said lot, and there were no improvements thereon. 2. That there was no visible trace nor indication of Avork having been done on said lot by any person or persons for mining or other purposes, 3. And that to the l)est of my knowledge and belief tliere is no claim to said lot by any person or persons adverse to that of , the applicant, on the ground ot priority of discovery of mineral thereon, or otherwise. •Sworn before me, at in the district of day of tl lis A.D 18 u DOMINION COXVEVANCEU. FORM 25. AjjUdavit of oiHginal discoverer in support of application for exemption from royidty. I, of the township of , in the distiict of do solemnly swear : day of Ontario, District of To wit: 1. That on the day of A.D. 18 ,1 discovered valual)le mineral in a vein or lode on lot number in the concession of tlie township of , such mineral consisting of and that I have no knowledge or information of any previous discovery of valuable mineral on said lot^ and verily believe that I am the original discoverer of the^ same. 2. That by careful examination on the ground I have' ascertained that the mineral so discovered by me on said lot is Strike out clause (a) or clause (h) an the facts re- quire. (a) on or in a vein or lode at least three miles from the nearest known mine or discovery on the same vein or lode. Or (I)) in or upon a vein or lode heretofore- unknown or undiscovered at a. distance of at least one mile from anv known or discovered mine,, lode or vein. 3. That the nearest mine, vein or lode of valuable ore or mineral to the mineral so discovered by me of which I have any knowledge or information is situated on lot nundjer in the concession of the- township of AFFIDAVITS AND DECLARATIONS. 25 Sworn before me at the of in the of this day of A.D. 18 . A Commissioner in II. C. J. The material portions of this affidavit are to be confirm«^ k *u FORM 26. Affidavit of Ontu,, J. land Surveyor re Application for Exemption from Roijalty. Ontario District of To wit : I, in the swear : of the of of do solemnly 1. That I am a duly qualified Ontario Land Surveyor. 2. That .jn the day of A D 18 T visited lot number in the of the township of and sat the valuer ^ mmeral on or in a vein or lode thereon of which one claims to be the oiioinal discoverer, such ore or mmeral consisting of 3. That on sai ^ date I carefully examined the location of said ore or minera and ascertained by actual measure- ment on the ground that the same is 'lus:?:ror («) «" «r in ^ vein or lode at least tliree t^ as miles from the nearest known mine require. or discovery on the same vein or lode. or •j.-.rr-Try.TrrTmaniiT-na M DOMINION CONVEYANCER. (6) in or upon a vein or lode heretofore unknown or undiscovered at a dis- tance of at least one mile from any other known or discovered mine, lode or vein. 4. That the nearest known mine, lode, or vein of valuable ore or mineral to the said ore or mineral so discovered by said of which I have any knowledge •or information, is situated on lot number in the concession of the township of Sworn before me at the of in the of this day of A.D. 18 . A Commissioner in H. C, J, The above affidavit may be used by others than surveyors in proof of claim, striking; out clause 1 in such case. FORM 27. Under The Dominion Lands Act. Affidavit by an a;/ent in 8U))port of claim for homestead evfri/ on hehalf of a inrsoti U'ho has not iwevioxisly settled on the land. I, A. B., do solemnly swear {or affirm, as the case may he), that , of , for whom I am acting herein as agent, is over eighteen years of age, that to the best of my knowledge and belief the land in respect of which application is made is of the class open for home- stead and pre-emption entry; that there is no pei-son resid- ing upon the said land, nor are there any improvements thereon, and that this ai^plication is made for the exclusive •use and benetit of the said with the intention II AFFIDAVITS AND DECLAK.VHOSi 2? <|f his residing upon and cultivating the said land, and not |l..octlj- or indirectly for the use or l.neHt of any othe e,.o„ or persons whomsoever; and that he ha, no"^ he^. o^ obtained an entry for a homestead on Dominion ■Suhscribed and sworn to, this (lay of ^18 ^ before me. Local Agent. (Signature.) FORM 28. Affidavit i„ support of a dahv for entry by a person wko ,.as previously oltained. and to //X /<> f'rf T'i *"' "" ^^"'"""'^ *.^ thcMnislerof tie I„teru>r to obtain another homestead entry. ' be) that f ;,n° '"'''"\"'->'/""""- (">■ »«■■■". «.' */« case may ft ), that I am over eighteen years of age ; that to the hest of my knowledge and belief the land T„ respect of w Id .ny appacatioi. is made is of the chuss o,«n f' i" ,„,, "a n.,.l pre-einption entry; that there is „o pei^on "" d ,t hat I obtained homestead entry on the .lay of , ■ ' , " quarter section of section townslnp ,„„j,„ ,^j,^,_^ mendian. but forfeited the same; that by order of the Minister of the Interior, which I now produce I h uv 1, j.-n..itted to make application for U^^^^^Z^ -mestead entry; and that this application is ma m.v exclusive use and beiieHt, with the intention of re, "g "P".i and cultivating the land applied fo and t" «■ y or indirectly for the use or beneflt of any It :r peison or persons whomsoever. ^ Subscribed, etc. 28 DOMINION CONVEYANCEU. FORM 29. Affidavit hy an agent in support of a claim, for home- stead entry on behalf of a j^erson who has bona fide settled and nuide improvements upon land in advance of survey. I, A. B., do solemnly swear {or affirm, as the case may be), that , for whom I am acting herein as agent, is over eighteen years of age; that to the best of my knowledge and belief the land in respect of which the application is made is of the class open for homestead and pre-emption entry; that the said became resident upon and began to cultivate the said land on the day of , 18 , before the same was surveyed; that, he has resided upon and cultivated the said land in con- formity with the requirements of the homestead provisions, of the Dominion lands law ever since; that there is no- other person residing on, or claiming, or having improve- ments upon it, and that this application is made for his exclusive use and benefit, with the intention of his residinir upon and cultivating the said land, and not directly or indirectly for the use or benefit of any other person or persons whomsoever, and that he has not heretofore^ obtained an entry for a homestead on Dominion lands. Subscribed, etc. FORM 30. Affidavit in support of claim for homestead entry by a person luho has not previoiLsly settled on the land. I, A. B., do solennily swear {or affirm, as the case may he), that I am over eighteen years of age ; that to the best of my knowledge and belief the land in respect of which AFFIDAVITS AND DECLARATION'S. 29 ni}' iipplic.'ition is niiidc is of the class open for homestead and pre-einptioii entry; that there is no person residing on the said land, nor are tliere any improvements thereon, and that this application is made for my exclusive use and IxMielit, with the intention of residing upon and cultivating the said land, and not directly or indirectly for the use or U'lietit of any other person or persons whomsoever; and that I have not heretofore obtained an entry for a home- stead on Dominion lands. Subscribed, etc. FORM 31. Affidavit in support of claim for homestead entry by a perxon who has bona Jide settled, and made improve- nients upon land in advance of survey. I, A. B., do solemnly swear {or affirm, as the case may bi'\ that I am over eighteen years of age; that to the best of my knowledge and belief the land in respect of which my application is made is of the class open for homestead and pre-emption entry; that I became resident upon and began to cultivate the said land on the day of , IS , before the same was surveyed; that I have resided upon and cultivated the said land continuously ever since; that there is no other person residing or having improve- ments upon it, and that this application is made for my exclusive use and benefit, with the intention of residing upon and cultivating the said land, and not directly or indirectly for the use or benefit of any other person or pei-sons whon»5oever; and that I have not heretofore obtained an entry for a homestead on Dominion lands. Subscribed, etc. 30 DOMIXIOX CONVEYANCEll. FORM 32. H Affidavit hy mi a(fcnt in mrpport of a claim for hnme- sfcatl fntv}) on hekalf of a jmrson \vho has preriouslt/ ohtdlncd and has forfeited his homcKtoad eiitrtj,bnt is permitted by the Minister of the Interior to obtain another homestead entry. I, A. B., do solemnly swear (or affirm, as the case may be) that , for whom I am acting herein as agent, is over eighteen years of age ; that to the best of my know- ledge and belief the land in respect of which application is made, is of the class open for homestead and pre-emption entry ; that there is no person residing on the said land, nor are there any improvements thereon ; that ho obtained homestead entry on the day of 18 , for the quarter section of section township range of the meridian, but forfeited the same ; that by an oi'der of the ]\Iinister of the Interior, ^\hich I now produce, he has been permitted to make a])plication for and receive another homestead entry, and that this application is made for his exclusive use and benefit, with the intention of his residing upon and culti- vating the land applied for, and not directly or indirectly for the use or benefit of any other person or persona whomsoever. Subscribed, etc. A(JUKEMENTS, 81 AGREEMENTS. FORM 33. Forms of Commencement of Agreements. MeinonuKlinn of no-reomont mudo thi.s day of A.D. LS9 , botween of the first part and of tlio second part, witnes.seth, etc. This a.^rocmont made this day of ISf) ^''^7';'" "^' - '■<"• In-.nself, his heirs, executors' and administrators, of the one part, and of for himself, his licirs, executors and a.hninistrators of 'the other part, witnesseth, etc. Af,n-eement made tliis day of between of the one part, and part. TJie said aorees, etc. 189 of the other It is hereby mutually ag-recd by and between and as follows : Agreement made the , , under the firm name and style of & Co., of th<> one part, and The Company, Limited, a corporation duly incorporated under the laws of the Province of , of the other part. The said parties mutually agree ea follows : FORM Zi. Testimoii lurti Clauses. In witness whereof the said parties have hereunto set their hands the day and year above written. In witness whereof the said parties to these presents have hereunto interchangeably set their hands and seals the day and year first above written. Witness the hands and seals of the said parties. Witness the hands of the said parties. i In witness whereof the said has set his hand and seal, and , by virtue of a power of attorney enabling him in that behalf, a copy whereof is hereunto annexed, has set the hand and seal of the said this day of 189 . In witness whereof the said The Company (Limited), has hereunto affixed its corporate seal this 4ay of 189 . AOUEEMLNTS. FORM 36. Forms of At tent tit ion. Sijjned, soaleil and delivered in the presence of 88 Witness to the signature of the said Signed, sealed and delivered as the act and deed of the within named , by attorney, in the presence of his duly authorised Signed, sealed and delivered by the within named (a blind person), I having first read over to him the above written agreement, when he seemed perfectly to underatand the same, in my presence. Signed, sealed and delivered by the said I, having read over to him the above written agreement, and he having made his mark thereto, in my presence. FORM 36. GENERAL FORM OF AGREEMENT. Memorandum of Agreement made and entered into this day of A.D. 189 . Between WITNESSETH, that 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: — 1. That, etc. (Here add the particular arjreement entered into between the partief*.) As WITNESS the hands and seals of the said parties the day and year first above written. Signed, sealed and delivered in the presence of H.D.C.— 8 H DOMINION CONVEYANCER. ■'1 AGREEMENTS RELATING TO REALTY. By the fourth section of the Statute of Frauds (29 Car. II. Ofvp. 3), no- action shall be brought to charge any person upon any contract or sale of lands, tenements or hereditaments, or any interest in or concerning them, unless the agreement upon which such action shall be brought, or some memorandum or note thereof shall be in writing, and signed by the party to be charged therewith, or some person thereunto by hin lawfully authorized. The requisites of a writing to satisfy the Statutt are: (1) The names of the contracting parties as such ; (2) The consideration ; (3) The subject matter or object of the contract, and (4) The signature of the party to be charged, or of his agent lawfully authorized. \l FORM 37. Agreement for the Sale of Land: — Common Form. Memorandum of Agreement made this day of A. D. 18 Between hereinafter called the vendor, of the first part hereinafter called the j)iTrchaser, of the second part The party of the first part agrees to sell, and the party of the second part agrees to purchase for the price or sum of dollars of lawful money of Canada, payable as follows : The vendor shall not be refpiired to furnish any abstract 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 expenst> of the and to contain only the ordinary statutory covenants, and the lanrKXT, made this day of A.T). 18 , Uetweex Whereas, tiie said part of th« first part ha agreed to sell to the part of the second part, and the part of the second part ha agreed to purchase of ami from the said part of tin- first part tli" lands heredita- ments and premises hereinafter montioncd, that is to sa}' : All and singular th cfrtaiii parcel or tract of land, being comix.scl ,,f Together with all the privi- leges and a[)purtenances thereto belonging at or for the 36 DOMINION CONVEYANCER. price or sum of of lawful money of Canada, payable in manner and on the days and times hereinafter mentioned, that is to say : Now IT IS HEREBY AGREED between the parties afore- said in manner following, that is to say : The said part of the second part, for heirs, executors, and -administrators, do covenant, promise and agree to and 'with the said part of the first part, heirs, executors, -administrators and assigns, that he or they shall well and truly pay or cause to be paid to the said part of the first part, heirs, executors, administi'ators and assigns the said sum of money above mentioned, together with fthe interest thereon, at the rate of per cent, per annum, on the davs and times and in the manner above ■mentioned ; And also shall and will pay and discharge all taxes, rates and assessments, wherewith the said land may be rated or charged from and after this date. In consideration whereof, and on payment of the said ;sum of money, with interest thereon as aforesaid, the said part of the first part, d(^ for heirs, executors, ;a(lministrators and assigns covenant, promise, and cigree, to and with the said part of the second part, heii-s, art of the fii'st part at liberty to re-sell the said laud. In witness whereof, etc. ' 'i.:,'ned, Sealed, etc. FORM 39. ors. Another Form. Memorandum of agreement maerty before the actual conveyance thereof but not afterwards,, compensation shall be allowed or given as the case may- require, or, WIM \h 42 DOMINION CONVEYANCER. The number of acres is believed to be correctly ttated, but is not wai-ranted to be so; but should any error appear to have been made therein, to the prejudice of the purchaser, or any error in the description of the property, or of the vendor's interest therein, such error shall not annul the sale, but compensation shall be made. FORM 44. Sale subject to a mortgage. The said premises are sold subject to a mortgage for the sum of dollars, made by the said vendor to , dated the day of IH , which said mortgage, with the intei-est thereon, from and after the day of 18 , the said purchaser hereby assumes, or, The said premises are to be conveyed within days from this date by a good and sufficient deed of the party of the first part, conveying a good and clear title to the sain(» free from all incumbrances, excepting a mortgage thereof made by said party of the first part to of , for the sum of dollars, dated the day of , and registered in the Registry Office for the county of , as number in liber , folio , which said mortgage, and the interest thereon to the date of the conveyance hereby contracted to be made, the said party of the second pjn't is to assume and pay as part of the purchase money of said premises. M' FORM 45. Iticumhrances to be discharged prior to Conveyance. That all incumbrances to which the said premises, or any of them, may be subject, shall be discharged by and at the expense of the said vendoi', and the said premises ■4 AGREEMENTS. 43 t^rt'cctually released therefrom previously to the conveyance to the said purchaser ; which said release or (lischar«;-e of incumbrances shall be effected by a separate and distinct assurance or assurances, and be prepared by the solicitor of, and at the expense of, the said vendor, and be approved by the solicitor of, and at the expense of, the said pur- chaser ; but the expense of sucli execution shall be borne by the said vendor. FORM 46. Piirchtiser to be at expense of getting in outstanding estates. But the conveyance, assignment, or surrender of any out- standing estate, term, or interest, and the obtaining of any ])r()bate or letters of administration, or any document re- tjuired for evidencing the title thereof, shall be prepared or obtained by the solicitor of tlie said vendor, at the ■expense of the said purchaser. \, and ireby 'rt is sairances. That the said party of the second part shall, in con- sideration of the property hereby agreed to be conveyed by tin; said party of the first part to the said party of the second part, sell and convey to the said party of the first part the said described land of said party of the second part with the appurtenances thereof, in foe simple in possession, free from all incumbrances, and shall pa}' to the said party of the first part the sum of money hereinafter mentioned. The said premises belonging to the said part}^ of the first part being considered to be of greater value than tho ii '^^ 48 DOMINION CONVEYANCER. e'lid premises belonging to said party of the second part by tlie sum of dollars, the said party of the second part shall, upon the execution of said conveyances, pay to the said 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 tlay of , at the office of , at , when each of said parties shall, by good and proper deeds, convey the .said premises belonging to him unto the other of them, free fi'om all incumbrances. Each of the said parties shall be entitled to the posses- sion and to the receipts of the rents and profits of the premises hereby agreed to be conveyed to him from the day of If from any cause whatever the said respective con- veyances shall not be completed on or before the said >?. theiict'fortli be held in severalty; now these presents wit- ness that they, the said parties for tlieniselves and their i-espective heirs, executoi-s, and administrators, hereby mutually agree 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 according 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 and 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 thereof; and also that in such jnutual conveyances there shall be inserted a proper plan of the said pn'uiises, distinguishing by colors, ijuantities, and boundaries such parts of the said premises as shall have lie(!n so allotted and awarded to them i*espectively ; and that the same shall afterwards bo held and enjoyed by them respectively in severalty accordingly; and also that, in case any inequality shall happen on either side, the party having the larger portion in value shall pay to the other of them such a sum as shall be awarded by the said surveyor as an e<]uivalent thereto, which shall be paid to the other of them on the execution of such conveyances as aforesaid ; and also that the costs and expenses of and atten included wherever- the names of the said parties hci-jto respectively occur. In witness, etc. ■* ,'fe AGREEMENTS. SI FORM 59. Agreement for y release to the said part of the second part all claims upon the said lands in so far as the same may att'ect the said timbei'. And the said part of the second part for heirs executors and administrators covenant with the .said part of the first part executors, administrators and assigns, that will pay the said part of the first part executors, administi-atoi's or assigns the said sum of dollars, as follows, that is to say : In witness, etc. Signed, sealed, etc. AQREEMENTS. 69 FORM 05. Agreement that Purchaser may retain jxirt of Purchase Money until a Defect in the Title is removed. Agreenunit nnule this day of , between , of , hereinafter called the vendor, and , of , hereinafter calleil the jnirchaser. AVhereas by a contract, bearing date the day of hist, the said vendor agreed to sell, and the said pin-chaser agi'eed to pui'clmse, for the sum of dollars, the pircel of land in said contract described ; and whereas in the coursi! of investigating the title it is found that there is an undischarged mortgage upon the said premises, and that the amount due upon said mortgage is in dispute so that it cainiot be imniodiately discharged, but the said purchaser has agreed to complete the said purchase im- inediately, on being allowed to retain the sum of •dollai-s (jut of the purchase money until the said mortgage shall l)e discharged. Now these presents witness that, in pursuance of such arran-acment, he, th(» said purchaser, hereby agrees to pan- tile residue of the said purchase money, and tc complete the said lau'chase whenevei' the said vendor shall cause .saif I ' ij 1(S , betwein in the (hereinafter calletl the landl(»rd)of one part, and C D., of in the (hereinafter called the tenant) of the other ]»art. Witnesseth that the lan oroct on the said lot, in a jufood, substantial and worknian- liivc manner, a story brick l)uilding', feet front and feet deep, with a mansard roof and back-buildin;^, etc., to be completed on or before the day of in the year eig'hte«;n hundred and Witness our hands and seals, the day and year tirst. above written. A. B. [Seal]. C. ]). [Soalj. FORM ()8. r Aifreertienl for Tenancy of Hon fie. Memorandum of agreement entered into this da}' of A.J). 1! ' any other ju'i-son entitled to the said premises to enter into and take possession of the same and expel tluj said there- fidin witliout biin;;-ing any ejectnu'nt or otiier proceeding at law for the rceovcry of sueli possession, and that thence- forth this agreement shall as to everything (excei)t the iveovery of any arrears of r-Mit or damages then tjuo or incurreil) be utti-rly V(ad, ami the interest of the said abstilutely f(»rfeited and the said shall be barred and precluded from connnencing or maintaining any action of trespass or otherwist; by reason of such possession being taken as aforesaid. And it is hereby further agreed that at the expiration of the saitl term of years (unless the tenancy hereby created shall have lu'en pre- viouslv determined) the saiil mav hi>ld, occuiiv and enjoy the said [)remises from ipiarter to <|U.n'terat the rent and upon an saiil term of years each of the said pai-ties shall be at liliertyto determine the said tenancv bv uivinu' to the other a (]uarter's notice, in writing, expiring on one of thii Haid quarterly days. In witness, etc. Signed, sealed, etc. "f^ <64 DOMINION CONVEYANCER. FORM 69. Agreement for a Yearly Tenancy of a House. An agreement made this day of A.D. 18 . Between A. B. and C. D. 1. The said A. B. lets, and the said C. D. takes, the house number in street, with the appurtenances, from the day of 18 , from year to year, at the yearly rent of , payable <|uarterly on the usual quarter days. 2. The said C. D. will not assign or sub-let, or part with the possession of the premises, nor let any portion thereof as lodgings, nor use the same save as a dwellino- iiouse. 3. The said C. D., when the tenancy ends, shall deliver up the premises in good order and repair, reasonable wear ^nd unavoidable accidents excepted. Signed, etc f FORM 70. Agreement for L'ltting a Housp for Three Years, with usual stipulations. Memorandum of agreement made this day •of , between A. B., of (landlonf), of the one part, and C. D,, of (tenant), of the otlier part. 1. The said A. B. hereby agrees to let, and the said C. D. hereby agrees to take, from the day of , for the term of three years, all, etc. {describe the jyroperty), at the yearly rent of dollui-s, payable by four e(jual quarterly payments, on the day of , the day of , the t!ay of , and the day of , in every year ; the fii-st payment to be made on the day of next AGREEMENTS. 65 bperty), iv eijual Ihe , and liyinent 2. The said C. D. agrees to pay the said rent at the iseveml days and times as aforesaid. 3. Also, to pay the rates, taxes and all outgoings of every kind and description, whether local or parliamen- tary, which, during said term, shall be charged, assessed or imposed upon the said premises, or the landlord or tenant in respect thereof. 4. Also, to keep the glass of the windows and all internal parts of the said premises in repair, and so leave the same at the end of the said term, accidents by fire flood or tempest only excepted. 5. And also shall not assign, und^let or part with the possession of the said premises without the consent in writing of the said A. B., nor use the same other than and except as a private dwelling house. 6. And the said A. B. agrees to keep all the external parts of the said premises in good repair. 7. And it is hereby also mutually agreed between the said A. B. and C. D. that a lease, purauant to the above terms, and containing a covenant for payment of the rent on the several days herein l)efoi'e mentioned, and all other usual clauses, covenants, conditions and agreements, shall be at any time prepared and executed by the said A. B. at the request and cost of tlie said C. D., and shall also con- tain a proviso, that if the said rent sliall be unpaid twenty days after any or either of the said days of payment, or if the said C. D. shall make default in ])erforming any of the covenants, conditions and agreements to be contained in the said lease, on his part to be observed and perf<»nned. it shall be lawful for the said A. B. to re-enter and determi.ie the tenancy of the said C. D. 8. Also, that the said term hereby agreed to be granted shall, at the option of the said A. B., determine, and the said A. B. have an inunediate right of entry, in case the said C. D. shall a:>sign, underlet, or part with the S^; U.D.c - a r^ i> ■J: 66 DOMINION CONVEVANCKU. possession of the said premises, without such license a- aforesaid, or in case the said C. D. sliall make an assi^j^n- ment for the benefit of his creditoi's, or shall permit any writ of execution to be levied upon his goods. 9. Provided always that this instrument shall not operate as a lease or present demise of the said premises or any part thereof, l)ut as an agreement for a lease. As witness, etc. Signed, etc. } ■m- r FORM 71. Agreement for letting Uiifiirnished Lodging. 18 An agreement made this day of A.D. ii between A. B. and C. D. The said A. B. lets, and the said C. D. takes, the two rooms on the tii*st floor of the house No. , in street, for a week, at the rent of , and so on from week to week, until the tenancy is ended by a week's notice in writing. In witness, etc. Signed, etc. FORM 72. Agreement for letting a Furnished Lodging. An agreement made this day of A.D. 18 between A. B. and C. D. 1. A. B. lets to C D. the rooms on the first floor of the house No. in street, ready furnished, from the day of 18 , and agrees to supply customary attendance, together with the use of suitable linen, plate,. AGREEMENTS. C7 iconse a- a assign- rmit any jliall not premises ise. ing. A.D. 18 s, tl le two n so on from ' a week's [tng. A.D. 18 loor of the- lished, from cuHtomary bnen, plate,. '^1 china and glass, for a week at the rent of per week, aiul so on from week to week till the tenancy is ended by a week's notice in writing on either side. 2. The said C. D. takes the said rooms with such attend- ance and use at the rent aforesaid, and agrees that if ho i'hall damage the said rooms, or any articles used or being therein, he will restore them to their present condition or leplace them (damage by rea.sonable wear and tear ex- cepted). In witness, etc. Signed, etc. FORM 73. Agreement for letting a Furnished House. An agreement made this day of A.D. 18 between A. B. and C. 1). 1. The said A. B. lets, and the said C. D. takes, the hoiise No. in street, with the ai)purtenances and the fui-niture and effects therein, for a month from the day of 18 , at the rent of per month and so on, from month to month, till the tenancy is deter- mined by a month's notice in writing on either side. 2. If the said C. D., his family, or servants, shall dam- age the said house, or any of the said furnitine and effects, he shall I'estore them to their present condition, or replace them (damage by reasonable weai' and teai* excepted). 8. The said A. B. is to defray all outgoings in respect of the said premises. 4. The said A. B. or his agents may enter upon, and inspect the premises during the tenancy, (m the Hi-st day of every month; but if the same falls on a Sunday, or pul>lic holiday, then on the fii-st day thereafter. r>. If the said C. 1). continues the tenancy from the day of 18 , he shall pay thenceforth rent per month. In witness, etc Signed, etc. n U: T»" €8 DOMINION CONVEYANCER. Hi ii BuTTDiNo Contracts. FORM 74. Agreement with a Builder for Erecting a House or other Building. This Agreement, made tliia day of , 18 hy A. B., hereinut'ter stj'led the owner, and C. D., herein- after styled the contractor, both of the city of in tlu' province of Witne.sseth, that the said C. D. does lierehy covenant, proniise, and aj^ree with the said A. B. tluit he, the said C. I)., shall, for the consideration hereinafter mentioned, on x>Y bcl'orci the day of , 18 , well and suffi- •ciently erect and finish a bnck and stone building upon that certain lot at the north-east corner of and streets, in said city of , said building- to have a frontage of forty feet on street and seventy fett on street, conformably to the drawings and specifications made by 1). F. and signed by the parties and hereunto annexed, within the time aforesaid, in a good workmanlike and substantial manner, U) the satisfaction and under the direction of the said D. F., to be testified by Xk written certificate under the hand of the said D. F., and shall and will find and provide such good, proper ami sufi^icient materials, of all kinds whatsoever, as shall be ])roper and sufficient for completing and finishing all tlie fv)undations, walls, ceilings, floors, roofings, and other works of said building mentioned in the plans and specifications, for the sum of dollars. And the said A. B. does hereby promise and agree with and to the said C. D. that he, the said A. B., shall and will, in consideration of the covenants and a<;reements beinjx strictly performed and kept by the said C. 1)., as specified, well and truly pay, or cause to be paid, unto the said C. D. the sum of dollars in the following manner : ^loUars when the masons' work is completed ; dollars i ■■1 m AGREEMENTS. 69 or other ,18 ., herein- in ov(?nant, the said ioiK'd, on ind suffi- ng upon nd o have a inty feet ings and i ftios and a good isfaction tilled bv 1, F., ani-o- vide materials and workmen (after three days notice, iu wiitiiig, l»eing given) to finish the said works, and tho expense will be deducted from the .said contract price. M v 1 1 70 DOMINION CONVEYANCER. Should any dispute arise respecting the true construc- tion or meaning of the drawings or specifications, the same «hall be decided by R. B., also an ai'chitect, and his decision shall be final and conclusive ; but should any dispute arise respecting the time value of the extra work, or work omit- ted, the same shall be valued by two competent persons one employed by the owner and the other by the contractoi-, and in case they cannot agree, these two shall have power to name an umjiire, whose decision shall be binding on all parties. The owner shall not, in any manner, be answerable or accountable for any loss or damage that shall or may hap- pen to the said works, or any part or parts thereof respec- tively, or for any of the materials or other things used and employed in finishing and completing the same (loss or damage by fire excepted). In witness whereof the said parties to these presents have hereunto set their hands and seals the day and year first above written. In presence of FORM 75. Agreement with Contractor for Work according to a Specification. This agreement, made the day of A.D. 18 between , vvitnesseth that the said part of the fii-st part, in consideration of dollars of lawful money of Canada, to be paid to , therefor, do hereby for heirs, executors and administrators, covenant and agree with the said part of the second part, executors, administrators and assigns, that, the said part of the first part heira, executors antl administratoi-s, shall and will execute and perform all the of every kind required in the erection and finishing of which said works are represented and specified in AUUEEMENTS. 71 anstruc- he same decision ite arise i-k omit- peisons itractor, re power 12 on all erable or nay hap- f x-espec- used and loss or presents and year ng to a .D. 18 id part of lawful therefor, istrators, ond part, iitors and m all the finishing ecified in certain plans and specifications prepared therefor, and .sioned by architect, and the said part of the fii-st part, which said plans and specifications are hereby expressly declared to be incorporated in and to form part of tliis indenture as if the same had been embodied therein, and the said works shall in all things be performed accord- ing to the same plans and specifications after the manner therein set forth and ex|iluined, and shall bo in all tilings to the entire satisfactie equally considered as inc(M'porated in and forming part of this indenture, as if the same had been embodie., situate on tlie side of street, in the , a dwelling house, agreeabl}^ to the draft, ])lan and specification hei-cunto annexed, of good, substantial materials, by the day of next. Anl" 18 lictwt'cii w itnessetli tluit it hath been agreed by and between A. B. of , and C. D., of , in manner and form fullowing, that is to say The said C. D., for the consideration liereinafter men- tioned, dotli for liiniseK his executfji-s and a. tlo hereby bind tliemselves, their executors, etc., each to tho oth<'i', in the p; nal wuni of , tinnly by the.s(! pivsentH. In witness whereof, etc. iii!^- ;1 Hi FORM 78. Agreement hy way of siih-confrart between Builder and (.Uirpenter. An ajrreement made the day of , in the year of onr Ijord, IH , Ix-tween T. G., of Imilder, and C. I)., of , carpenter. Whereas, the said T. (J. luith entered into a contract witli J. B., of etc., to eivct. a dwellinjj;' hou.se and otHees uccordinrj to certain plans, elevations, and specifications referred to in the said contract, under the supurlntendcnce of W. M. or other surveyor of tlie said J. B., and whicli contract is dated the day of . Now it is hereby a<;;reed, that in consideration of tlie sum of to be paid by the said T. G. to the .said C. ])., as hereinafter mentioned, the said C. D. sliall do all the cai'penter's work necessary to be done for the con)])letion of tlie .said contract, and referred to in the said plans and speciHcations, and provide all materials, tools and implements necesisary for the pei'foi'mance of such work, and shall do the same in all things accordiui^ to the said contract and specifications, and shall iji all thiiif^s abide by, perform, fulfil and keep tlie .said tei-ms and stipulations of the siiiil contract, so far as the same are or shall be applicable to such carpenter's work ; and that in case the sains bi'ino' made in or to the said works, the j)rice of such additions or alterations shall be t-stimated in pi-opor- tion to the said sum (»f for the whole of the said works, and s\icli j)i'ice so estimated shall be either added to or de(lucted from the sum of I n witness, etc. SCIIKIU'LE. rouM so. Form of Aif reoni" lit for sjwc[ih-d Ri'/Kiirs and Improve- in en Is. This Autici.e oe Acueement, between X. Y. of the first part, ami A. B. of the .second ])art, Witxessetu, That ■)i. \'\ AOllEEMENTS. 77 tin; sulci X. Y., cai-pcnter and builder, does agree to put cort.isli and dirt, to dig to the depth of main cellar accord- ing to plan submitted and specifications signed, un\ c()xvi:y.\\<'i:i{. ami i|U!ility. FiXALLV, l»uiluil(lin<,^ accordiiij^ t<> plans, in as slmit a tiiin; as possiltlr, to make a g'oocl jol»; repair pavciiit-nts and fences; the party of the second part agree- in;^' to make paynu'iits jis the proj^ress of the work will warrant, leavinj^ one-fourth not to be paid initil thirty days after the completion of the entire Jolt. The consider- ation of this conti'act to be dollars and no extni charjjfes whatever, unless agreed to in writing and attached hereto. Witness the hands and seals, etc r. it \>i f s AOUKEMENTS. 7» ns, in repair igrcr- k will bliirty Hiilcr- extni ached AGREEMENTS RELATING TO PERSONAL PROPERTY. *' The title to f,'oo(l9 and chattels does not rest upon title deeds nor in' t^enerftl upon ih cumentary evidence, but it is founded prima fiicie upon visible possbds.on and apparent ownership." In cases within the Act resptctinn mortga^jes and sales of personal property, the sale of t^otnla must be in writing by a conveyance under the Act. Contracts within the 17th section of the Statute of Frauds must be evidenced by a memorandum in writing. Contracts with corpora- tions, except where the contract is executed, must as a rule be under seal ; hut other agreements relating to personal property do not re(]uire a sealed instrument. FORM 81. Agreement of Jinnfahi and Sale of cpods. Memorandum of a<;reement between A. of , of the one part, and B. of , of the other part. The said A. agrees to sell, and the said B. aorees to buy, th«,' goods hereinafter mentioned, the property of said A.„ f « >r the price or sum of $ (Signed) A. S("HKF)ULE. rORM 82. Agreement to sell on Commission. An agreement made this day of A.D. 1>S , between and of of manufacturer of traveller on connnission. 1. The said for himself, his executoix and administrators, agrees that upon receiving a written order 'iAk 60 DOMINION CONVEYANCElt. :mk from the Haid the aairl liis exocutoi-a nnrl iKhnini.stnitoi'a, will, from time to time, ut his warelumse nforesiiid, and according to such order, supply to the said the 08 now manufactured by the said 2. The said is to be invoiced to the said at the rate of per pound, and the said is to account for the same at that price every months, beginning from the date hereof. 3. The said his executors and administrators shall not be bound to supply more than lbs. on any one day, nor more than lbs. in any one week, without a week's notice in writing with a written order from the said nor shall the said his executoi-s or admitiistrators be bound to continue supplying as aforesaid after lbs. shall have been delivered and shall remain unaccounted for, whether the said period of months shall have elapsed since such delivery or not. 4. This agreement shall continue in force for yeai'H from the date hereof, but .subject to determination at any time by months' })revious notice in writing from either of the said parties or the executoi^s or administrators of the said to the other of them and delivered at his usual or last known place of abode. 5. During the e(mtinuance of this agreement the .said his executors and a.Iuiinistrators shall not enjploy, nor shall knowingly suffer tviy other per-son than the said to sell on conniil.-iion for them the said beycmd a I'adius of miles from and in ca.se of a breach of this clau.se the said for himself, his Bxecutors and administrators undertakes to pay the said the sum of by way of agreed and lit^uidated t.'amages. In witness, etc Signed, etc. AGREEMENTS. 81 FORM 83. Agreement depositiiuj Goods as a Securit;/. An atfreeiiiout made the day of , A. D. 18 , betweeu of and of The said having deposited this day at his risk, with the said the following goods, namely {here (five list of (foods), as a security for the payment of and interest, on the day of A.D. 18 , it ig agreed that, in default of payment, the said after days' notice in writing, may sell the same goods, or any part thereof, by auction or otherwise, towards pay- ment of the said principal sum and interest, and of the expenses of sale and insurance, but until such default no such sale is to take place, nor is any action or suit to ha brought to enforce payment of the said sum and interest. In witness, etc. Signed, etc. f'P FORM RJ. Agrerment giving a general Lien, with Poircr of Salt'. An agreement made the day of A. D. IM , Initween of and of » witnessetli. 1. Ill consideration of the ])roiiiiHe of forbniranco, here- inafter coiiuiiiieX('cut(»i-s and. administrators, for from time to time be due from the said moneyi lat may to the said or to the said B.U.U. -6 and any partner or partiiersi rS^ 82 D(»ML>ION CONVEVANX'EU. of liis ill liis biisiness of , and that, if at any tiin • tlu' Huni of sliall bo due as aforesaid, the said Ilia executors and aflministratoi"s may, after seven days notice in writing, sell the same property or any part thereof, by auction or otherwise, towards payment of such «um and interest, and of the expenses of sale and insur- ance. 2. I>ut unless the sum of shall be due, as afore- said, no such Hale is to take place, and, after the said sum shall be due, no action or suit shall be brouj^ht for the recovery of the same or any part thereof until after the «ale of any such property as aforesaid. In witness, etc. Sij^ned, etc. FORM 85. Aijrecmcvf for Sale of stock of Goods. This ajfreeinent, made the day of ,A.D. 1 8 , between A. B., of, etc., merchant, of the one part, and C. D., of, etc., merchant, of the other part. The said A. B. aijnH>s to s<^ll, and the said C D. afyroes to buy, all the sUvk of ifoods, wares, and merchandise now bciiij^ ill and upon the store occupied by the said A. B., at afv»resaid, at the invoice pnce thereof (or at the sun\ of !i4 , or otherwise as af^reod on), an account of Hueli «>()ods, wan^, and merchandisi' l»eing taken by the pai'tiv'S hereto in tl.o prest'iiee of each other. And it is liorcby aijn'tHl tb.at any of the said goods, wares, or mer- eliaiulisc which may be damaged, shall be appraised and valued by three disinterested persons; each of the parties hereto selecting one of such persons and the two so selected apjM)inting the third; and that the price set upon such ilainaged goods, wares, and merchandise by the said tli''ee ACUKK.MKNTS. S3 pi "i-Hons .shall be Hubstituted for tlio invoice price tliereof; uiid timt within ten »lay:'t after the vahie of the said pK)ds, wart'H and inerchandi.se shall have been a.scertained jih aforesaid, the said C. D. is to j)ay the valnation thereof to the said A. B. And the said A. B. aj^rees to make, ex(!cute and deliver unto the said C D. a f^ood and sulfieient bill of sale and conveya^ice thereof, and to ^jfive to the said C. D. (juiet and peaceable possession thereof upon payment to him, the said A. B., by the said C. 1)., within the time before specified, of the invoiced or appraised value as afore- .said In witness, etc. FORM 86. Agreement for Sole of Grain. It is aijreed, this day of A.D. IS .by and bctw(>t'n A. B., of, etc., and C. D., of, etc., as follows : The said A. B. at^rees to sell to the said C. D. five tliou.sand bushels of wheat, to be delivered to the said C. D., at on or btd'ore the first day of January next, free of all charges, at the price or sum of per bushel. And the said C. D. agrees to piirchase the said wlieat, and to pay therefor at the rate aforesaid, upon delivery as aforesaid. And the said A. B. hereby guarantees and warrants the said wheat to be good, clean and merchantal)lo grain. Witness our hands. Signed, etc. It FOini .s7. Agreemeni for Sale of Good Will, Stork in Trade, Fixture!^ and Book Debts. This agreement, niado the day of 18 , between of , liereinafter called the vendor, of the one part, and of , hereinafter called the purchaser, of the other part. 84 DOMINION* CONVEVANCEK. 1 Whereas the said vendor has agreed with the said pur- cluiser for the sah; to him of the good will, stock in trade, fixtures, and book debts of the said trade or business of »i. , carried on by him at , aforesaid, as a. going concern, for the sum of doUars, now tins agreement witnesseth, that in consideration of the sum of dollai-s to tlie said vendor paid by the said pui*- chjuser on the execution hereof, he, the said ven(h)r, doth hereby assign unto the said purchaser, his executors, ad- ministi-ators, and assigns, all the interest and good will (»f his said businesH of a , with the stock in trade^ fixtures and effects pertaining thereto, as lately carried on by the said vendor ; and also all the book and other debts now due and owing to the said vendor upon account, or in respect of the saiil trade or business, and all securities foi* the same, and also all contracts and engagements, benefits and advantas^o.,, which have been entered into by the said vendor, or to which he is or can be entitled on account or in respect of the said trade or business. To hold the same unto the said purchaser, his executors, administratoi's, and assigns absolutely, without any interruption or disturbance of or by tlie said vendor, or any other person claiming through or in tiust for him. And the said vendor doth hereby for himself, his heii's, executors, and administrator, covenant with the said pur- chaser, his executor's, administrators, and assigns, that he, the said vendor, hath now in himself good right to assign the good will, stock in trade, fixtures, and effects, book anil other debts, and premises, in manner aforesaitl, and th.it the same shall be enjoyed by the said purchaser, his execu- t(H-s, administrators, and assigns, free from any interruption or disturbance, as aforesaid; and also that he, the said vendor, shall not, either by himself or with any other per- son or persons, do or cause to be done an;y wilful act or thing to the prejudice of the said trade or business of a , as [heretofore carried on and conducted by tli ' said vendor, his executors, administrators, and a.ssigns, lut A(JUEKMEXTS. 8ft ists, expenses, and damages which may be incurred by or by reason of any action or other proceeding which shall or may be brought or instituted against the said purchaser, his executors, administratoi-s, or assigns, for or in respect of the said good will, 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 said vendor in respect of the said trade or business, and also from and against the contracts and engagements to which b^'^ the said books the said vendor appears to be now liable, and also all interest, costs, ex- 1 lenses, losses, claims and demands on account of the same ilibts, contiaets, and engagements, respectively or other- wise, in relation to the premises. In witness, etc. FORM 88. Afireemcvt for SM I N H »\ < '( tN V K V A X< Dll. ! < Tlio srtid vt'iidor H<;;r«'«'s to sell to the snifl juiiclmsor, who u;^reeH to piirchasi^ at the vahmtioii ami upon thy teniiH hereiiuit'ter nientioiicil, all the Htock, hnpleinents, and utiMiHils in trado, household furnituic, tixtun'S, Htti'»urchaser, who agrees to purchase, the said practice and tlu' good will and benefits thereof from thd day of next, together with all the fixtures^ t'urnitun', medical Ixwks, surgical and other instrumetit* and appui'atus, and all the drugs, medicines, bottles, and utiier things now used therein, for the sum of dollars; ill continuation of which purchase the purchaser, upon the execution u' these presents, has paid the smn of dollars b^ way of deposit and in part of the purchase nn»nev. The wiid vendor further tl ic iH'SKlue o f tl le saui pui lafter nu'iitioiuMl, he will fuUv am: assign to the said purchaser. a FORM 104. Appointment, by wife, of Personal Estate, to take effect on her De'ease. To all to whom these presents shall come, I, wife of , of, etc., send greeting : Whereas, by an indenture, bearing date, etc., made between the said (by her then name and addition APPOINTMENTS. 105 of of, etc., spinster), of the tirat part, the said of the second part, and and of the third part, it was agreed by the said parties that the said and amongst other things, should stand possessed of certain capital stock in, etc., in the said indenture men- tioned to have been transferred, on the day of the date thereof, to the said and by the said and any other estate which might thereafter be substituted therefor, in trust to receive and collect the incomes, profits and dividends of the said capital stock or substituted estate, so often and whenever the same should be payable, and to pay over the same, or so much thereof as the said should not direct to be added to the principal for the purpose of accumulation to the said during her coverture, upon her sole and separate receipt therefor, and free from the control or interference of her said husband or any other person whatsoever; and in trust, upon the decease of the said during the lifetime of her said husband, to transfer and pay over the said capital stock or substituted estate to such person or persons as she the said by any instrument or note in writing subscribed by her in presence of at least two credible witnesses, should order and appoint to take and receive the same : Now know ye, that I, the said , by virtue and in pui"suance of the said powei-s and limitations in the said indenture contained, and in pursuance of every other power and authority in me now being, do direct and appoint the said and as soon after my decease as con- veniently may be, to transfer and pay over to of, etc., the whole of the said capital stock or substituted estate, and the incomes, profits and dividends thereon accrued, which shall not have been received by me, to her sole and separate use, according to the limitations, trust, and true intent of the said indenture. r i ' ri ! I In witness, etc ■V: !■ Ill V m Wfi' filil I*: lOd DOMINION CONVEYANCEH. FORM 105. Appointment to change Investments. ! To all to whom these presents shall come, I, wife of of , etc., send greeting : Whereas, by an indenture, bearing date, etc., made between, etc., it was agreed by the said parties that the said and trustees therein named, should stand possessed of shares in the bank of, etc., and all dividends, incomes, and profits thereon, in trust for the sole and separate use of me the said during my coverture ; and that the said and should have power with the approbation, or at the request of me, the said , expressed in writing, to sell and dispose of the said trust estate, or any part of it, and the proceeds to invest in other personal, or in real estate, according to the written direction of me the said , and that the estate so purchased should be had and held by the trustees, for the same uses and purposes, and upon the same trusts,. as are declared in and by the said indenture of and con- cerning the said bank shares; and that the same might be sold, and the proceeds reinvested from time to time. Now, know ye, that I, the said , by virtue of the power of appointment limited to me in the before- recited instrument, and of every other power and authority, hereunto enabling me in this behalf, do hereby request,, authorize and appoint the said trustees to make sale of the whole of the said bank shares, and the proceeds theiv:;' t.> invest by purchase in a ct.^'cain tract or parcel, situ" .«•, (describfi the particidar estate); and I do further covenant with the said A. B., his executors, administrators and assigns, that the said E. F. shall and will well and faithfully and diligently serve the said A. B. as his clerk Al'1'UKliTlt'EttHIl'. 113 in the business, practice or profession of a solicitor of the Supreme Court of Judicature for Ontario, from the day of the date hereof, for and during and unto the full end of tho s^id term of five years, and that the said E. F. shall not at any time during such term, cancel, obliterate, injure, spoil, destroy, waste, embezzle, spend, or make away with, ^ny of the books, papers, documents, moneys, chattels, or other property of the said A. B., his executors, administra- tors, or assigns, or his partner or partnera, or any of his plients or employers ; and that in case the said E. F. shall act contrary to the last-mentioned covenant, or if the said A. B., his executors, administrators, or assigns, or hia partner or partnera, shall sustain or suffer any loss or damage by the misbehaviour, neglect, or improper conduct of the said E. F., the said C. D., his heirs, executors, or administrators, shall indemnify the said A. B. and make good and reimburse him the amount or value thereof. And further, that the said E. F. will at all times keep the secrets of the said A. B. and his partner or partners, and will at all times during the said term, readily and cheerfully obey and execute his or their lawful and reasonable commands, and shall not depart or absent himself from the service or employ of the said A. B. at any time during the said term without his consent first had and obtained, and shall, from time to time, and at all times during the said term, con- duct himself with all due diligence, honesty, and sobriety.. And the said E. F. doth hereby for himself covenant with the said A. B., his executors, admistrators, and assigns, that he, the said E. F. will truly, honestly, and diligently serve the said A. B. at all times for and 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 one dollar of lawful money by the said C. D. to the said A. B. paid at or before^ the sealing and delivery of these presents (the receipt whereof is hereby acknowledged) the said A. B. for him- H.D.C.— 8 ■ * i H-^ 114 DOMINION CONVEYANCER. 5 self, his heirs, executors and administrators, doth covenant with the said C. D. his executors and administratoi-s, that he tlie said A. B. will accept and take said E. F. as his clerk. And also that the said A. B. will, by the best ways or means he may or can, and to the utmost of his skill and knowledge, teach and instruct or cause to be taught and instructed, the said E. F. in the said practice or profession of a solicitor of the Supreme Court of Judicature for' Ontario, which he, the said A. B., now doth, or shall at any time during the said term, use or practice. And also will at the expiration of the said term use his best means and endeavours, at the request, costs and charges of the said C D. and E. F. or either of them, to cause and procure him, the said E. F., to be admitted and sworn a solicitor of the Supreme Court of Judicature for Ontario, provided the said E. F. shall have well, faithfully, and diligently served his said intended clerkship. In witness, etc. FOEM 112. Articles of Agreement between Surveyor and Apprentice, These articles of agreement, made this day of ,18 , between A. B., of , a Provincial Land Surveyor, of the Province of Ontario, now practising in the capacity of a Provincial Land Surveyor in the Province of Ontario, of the one part, and C. D., of , and E. F., son of the said C. D., of the other part, witness : That the said E. F. of his own free will, and by andj with the consent and approbation of the said C. D., doth by these presents, place and bind himself pupil or appren- tice to the said A. B., to serve him as such from the day of the date hereof, for, and during, and until the full end and term of three years from hence next ensuing, and fully to be completed and ended. APPRENTICESHIP. 115 And the said C. D. doth hereby for himself, his heiis cxecutoi's, and administratoi-s, covenant with the said A. B.^ 'lis executors, administrators and assigns, that the said E. F. shall well and faithfully and diligentl}'^, according to the l)est and utmost of his power, serve the said A. B. as his pupil, or apprentice, in the practice or progression of a Pro- vincial Land Surveyor, for the Province of Ontario, which he, the said A. B., now followeth : and shall continue with him from the day of the date hereof, for and during, and until the full end of the said term of three years ; and that he, the said E. F,, 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, docu- ments, maps, plans, drawings. Held notes, moneys, chattels, or other property of the said A^ B., his executors, adminis- trators or assigns, or his partner or partners, or any of his clients or employei-s ; and that in case the said E. F. shall act contrary to the last-mentioned covenant, or if the said A. B., his executors, administrators or assigns, or his part- ner or partners, shall sustain or suffer any loss or damage by the misbehaviour, neglect, or improper conduct of the said E. F., the said C. D., his heirs, executors, administrators or assigns, will indemnify the said A. B., his executoi-s, ad- ministrators or assig^i, and make good and reimburse him or them the amount or value thereof ; and further, that the said E. F. shall, at all times, during the said term and afterwards, keep the secrets of the said A. B. and his partner or partners, and of his and their clients and em- ployers, in all matters relating to the said business or profession, and will at all times, during the said term, be just, true and faithful to the said A. B. in all matters and things, and from time to time pay all moneys which he t shall receive of, or belonging to, or by order of the said A. B. into his hands, and make and give ti"ue and fair accounts of all his acts and doings whatsoever, in the said business and profession, without fraud or delay, when and so often as he shall thereto be required ; and will readily H !#M:J ':l }■ k if t! - ' ' ■ 1 i ; j lif 1 116 DOMINION CONVEYANCER. Sil and cheerfully obey and execute his lawful and reasonable- commands, and shall not depart or absent himself from the- service or employ of the said A, B., at any time during the said term without his consent first had and obtained, and shall from time to time, and at all times during the said term, conduct himself with all due diligence and with honesty and sobriety ; and the said E. F. doth hereby for himself, covenant with the said A. B., his executors, admin- istrators and assigns, that he, the said E. F., will truly, honestly and diligently serve the said A. B. at all times, for and during the said term, as a faithful apprentice ought to do, in all things whatsoever, in the manner above specified. In consideration whereof, and of of lawful money by the said C. D. to the said A. B. paid at or before the sealing and delivering of these presents (the receipt whereof is hereby acknowledged), the said A. B., for him- self, his heirs, executors and administrators, doth covenant with the said C. D., his heirs, executora and administratora, that the said A. B. will accept and take the said E. F. as his pupil or apprentice, and that he, the said A. B., will, by the best ways and means he may or can, and to the utmost of his skill and knowledge, teach and instruct, or cause to be taught and instructed, the said E. F. in the art, practice and profession of a provincial land surveyor for the Pro- vince of Ontario, and in all things whatsoever, incident or belonging thereto, in such manner as he, the said A. B., now, or any time hereafter during the said term, shall use and practice, and also will provide the said E. F. with all the necessary and reasonable expenses incurred in transact- ing or performing the business of the said A. B., and also will, at the expiration of the said term, give to the said E. F. a certificate of servitude, and use his best means and endeavours, at the request, costs and charges of the said C. D. and E. F., or either of tnem, to cause and procure him, the said E. F., to be examined before the Board of Exam- iners of Land Surveyors for Ontario : provided the said APPRENTICESHIP, 117 E. F. shall have well, faitlifully and diligently served his intended apprenticeship. And for the true i>erfonnance of all and every the •covenants and agreements aforesaid, according to the true intent and meaning thereof, each of them, the said A. B. and C. D., doth bind himself, his heirs, executors and :adiiiinistratoi's, unto the other, his heirs, executors and administrators and assigtis, in the penal sum of five hundred I'' ^ 122 DOMINION CONVEYANCEU. roHpoctivc'ly, in the pcnul sum of Camuhi, firmly by these presents. In witness, etc. lawful money of m ■; FORM 115. Submission by Bond. Know all men by these presents, that of is held and firmly bound to of in the penal sum of of lawful money of Canada, to be paid to the said or to certain attorney, executors,^ administratora, or assigns ; for which payment to be well and truly made bind heii-s, executoi-s and administratora for ever fii-ndy by these presents. Sealed with seal dated this day of A.D. 18 . Whereas disputes and differences have arisen and are now pending between the above bounden and the said touching and concerning And whereas the above bounden and the said have agreed to refer such disputes and (^ifTerences, as well as all actions, suits, controversies, accounts, reckon- ings, mattei-s and things in anywise relating thereto, to the award, arbitrainent and determination of arbitrators, nominated, appointed and chosen as well by and on the behalf of the above bounden as of the said and who have consented and agreed to accept the burden of the said arbitration : Now the condition of the above-written obligation is such, that if the above bounden do and shall well and truly submit to, abide by and perform the award, arbitrament and determination of the said arbitrators, so nominated, appointed and chosen as aforesaid, touching and concex-ning the mattei-s in dispute between the above bounden and the said and so referred ta ^ «« AttBITUATION. 12a tlu'iii the Hiiid arbitrators as aforesaid (provided such award be made in writing under the hands and seals of tlie said aibitratoi-s, ready to be delivered to the said parties, or such of them as shall apply for the same, on or before th» day of A.D.-18 , then this obligation sliall be void, otherwise to be and remain in full force and virtue. And it is hereby agreed between the said parties in dilierence, that tiiese presents and the submission hereby made of the said matters in controversy, may be made a Rule of the Division of the High Court, of Justice, purauant to the statute in that behalf; and that all books, papers, vouchers, entries or memoranda in the power, custody or possession of the said parties shall be produced to the said arbitrators or umpire; and that all witnesses produced to the said arbitrators or umpire shall be sworn by them ; and that all costs and charges attending on thfr drawing of these presents and of the said arbitration and award shall be in the discretion of the said arbitrators or umpire. Signed, sealed, etc. ■ FORM 116. Appointnient of Umpire by Endorsement. We, the within named and do hereby nominate and appoint of to V)0 umpire between us in and concerning the mattei-s in difference within referred on condition that he do, within days from the date hereof, by some writing under his hand» accept the umpirage. Witness our hands this day of , A.D. 18 ^ Witness, 'it wp 124 DOMINION CONVEYANCER. FORM 117. Appointment of an Arbitrator in Pur'suance of an Arbitration Clause in Articles of Partnership. Whereas by articles of partnership, datef' , 18 and made ,18 , amongst other things it was agreed that, in case any dispute or question should arise between the said parties relative to the construction of the said articles, or to all or any of the matters or things therein contained, the saine should be referred to the arbitration of two indifferent persons, one to be named by each of the parties, with power for such arbitratora to appoint an umpire in case of their disagreement ; and that the awafd of the said arbitrators or umpire should be final and con- clusive ; and whereas disputes have arisen between the said parties relating to their partnership affairs, and they in pursuance of the said covenant agreed to refer the same accordingly : now, therefore, I, one of the partners, hereby nominate and appoint , of , an arbitrator for me and on my behalf, to hear and deteWrtihe the disputes aforesaid, in accordance with the provisions of the said articles of partnership. Dated the day of , 18 . Witness, etc FORM 118. Appointment of Arbitrator under Mechanics' Lien Act. Whereas I, A. B., 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 the owner) to you (name of contractor)], for and in respect of a claim of $ , which I claim to be due to m«s from you for work done [or mateiials furnished], which claim you dispute. I do, therefore, hereby and by virtue of the AKUITllAl'lON. 125 statute in that belialf, appoint C. D., of (state his residence and . .1 r:;! !'■ 1 ii ' 1 \ i ■ 128 DOMINION CONVEYANCER. FORM 124. Award by Referees, We, the uudersigned, referees appointed by the within rule of court {or by the within agreement of submission) having notified and met the parties, and heard their several allegations, proofs, and arguments, and duly considered the same, do award and determine that the within naraed A. B. shall recover of the within named C D. the sura of together with the costs of suit, to be taxed by the court, and the costs of this reference, which last amount to the sura of , and that the same shall be in full of all matters within referred to us. In Witness, etc. 1|||||; FORM 125. Award by Arbitrators. To all to whom these Presents shall come, A. A., of C. C, of and D. D., of send greeting : Whereas divera suits, disputes, controversies, and differ- ences, have happened and arisen, and are now depending, between E. E., of and F. F., of for pacifying, composing and ending whereof, the said E. E. and F. F. have bound theraselves each to the other, in the penal sum of by several bonds or obligations, bearing date last past, before the date hereof, with conditions thereunder, to stand to, obey, abide, pei'form and keep the award, order, arbitrament, final end and determination of the said A. A., C. C, and D. D., arbitrators indifferently named, elected and chosen, as well on the part and behalf of the said E. E. as of the said F. F., to arbitrate, award, adjudge and determine, of and concerning all, and all manner of action and actions, cause and causes of actions,. ARBITRATION. V2.9 suits, bills, bonds, judgments, executions, quarrels, contro- vei-sies, trespasses, damages, and demands, whatsoever, at any time or times theretofore had, made, commenced, sued, prosecuted, or depending, by or between the said parties, or either of them, so as the said award should be made in writing, under the hands and seals of the said arbitrators, or any two of them, ready to be delivered unto the said pai-ties, or such of them as should require the same, on or before the day of instant, as by the said obligations and conditions thereof it doth and may appear : Now know ye, that the said A, A., C. C, and D. D., taking upon Inem the charge and burden of the said award, and having heard the allegations and proofs of both parties, do, by these presents, arbitrate, award, order, decree, and adjudge, of and concerning the premises, in manner and form following : that is to say, First, they do award, decree and adjudge, that the said F. F., or his heirs, shall and do, on or before the day of next ensuing the date hereof, make and execute a good and sufficient conveyance of his interest, etc., of and in all those parcels or tracts of land, etc. And, also, the said arbitrators do further award, decree, and adjudge that the said F. F., his executoi-s or adminis- tratoi-a, shall and do, on or before the day of next ensuing the date hereof, pay, or cause to be paid, unto the said E. E., his executors, or administrators, at or in the now dwelling-house of the said E. E., in aforesaid,, the sum of dollarH, in full payment, discharge and' satisfaction, of and for all moneys, debts or duties, due or owing unto the said E. E., by the said F. F., upon any account whatsoever, at any time before their entering into the said bonds of arbitration, as aforesaid. And, also, the said arbitrators do hereby further award,, order, decree, and adjudge, that aU actions and suits com- menced, brought, or depending between the said E. E. and F. F., for any matter, cause, or thing whatsoever, arising oi^ H.D.C. — 8 m f •■ \\ j ; \ \ i ■ ■■■w i ft "1 w ■■; \ i > 1 * ^ F. s : 1 \ ■ It s :^: ! (!i !*< 130 DOMINION CONVEYANCER. happening at the time of, or hefore their entcriniv into the aaid bonds of arbitration, shall, from henceforth, cease and determine, and be no further prosecuted or proceeded in by them, or either of them, or by their, or either of their means, consent or procurement. And lastly, the said arbitrators do hereby further award, order, adjudge and decree, that the said E. E. and F. F., shall and do, within the space of two days next ensuing the date of this present award, seal and execute unto each other, mutual and general releases of all actions, cause and causes of actions, suits, controversies, trespasses, debtS) duties, damages, accounts, reckonings, and demands what- soever, for or by reason of any matter, cause, or thing whatsoever, from the beginning of the world to the day of the date of the said bonds of arbitration as aforesaid. In Witness, etc. FORM 126. Award where Suhmission was by Agreement, and Stating Assent for Enlargement. To all to whom these presents shall come, we, A. A. and T. A., of send greeting : Whereas on by a certain agreement in writing under the hands [and seals] of A. B., of and C. D., of bearing date on or about the day of last, reciting that, &c., {here set out the recital and such parts of the agreement as hear upon the award). And whereas by an endorsement on the said agreement, bearing date on or about the day of last past, and under the hands of all the said parties to the said agreement, they the said parties mutu- ally and reciprocally consented and agreed that the time for the said arbitrators making the said award should be enlarged to the day of then next, and that they would in all other respects abide by the terms of the ARBITRATION. 131 said agreement. Now know ye that we the said arbitra- tors having taken upon us tlie burthen of the said refer- ence, and having examined all such witnesses as were pi'oduced before us by the said parties respectively, and having fully weighed and considered the allegations, proofs, and vouchera made and produced before us, do award, [&c.] In witness, &c. 'If FORM 127. Award by Sole Arbitrator. Whereas, by a certain agreement in writing, dated the day of , 18 , and made between and and , it was agreed that all matters in difference between the said and and should be referred to the award and determination of me of . Now I, the said arbitrator, do award and finally deter- mine as follows: — 1. That the said is indebted to tlie said in the sum of which said sum I hereby direct the said to pay to the said 2. That the said shall pay to the said the costs of and incidental to the said submission and of the reference. Signed and published the day of 18 . Witness. A. B. Arbitixitor. I i 1 1 FORM 128. Amended Award on Reference Bach. Whereas, by an order of the Division of the High Coui't of Justice, made the day of 18 , it was ordered that my award should be referred back to me to 132 DOMINION CONVEYANCER. reconsider and redetermine. Now I, the within named arbitrator, having reconsidered this my award do hereby redetermine, declare and award as follows : — Signed and published this day of IS . Witness, A. B. Arbitrator, in FORM 129. Affidavit of Execution of Award. County of "^ I, Y. Z., of, &c., make oath and } To wit : J say : 1. That I was present and did see the annexed awariT duly signed, sealed, and delivered by the therein-named and that I am the subscribing witness to the execution of the said award. Sworn before me, at in the county of this day of 18 A Commissioner, &c., &c. i FORM 130. Appointment to Proceed, In the matter of an arbitration between , I appoint , the day of 18 , for proceeding in this reference, at o'clock in the noon, at Dated this day of »Tt^ . To A. B., Arbitrator ABBITRATION. las FORM 131. Peremptory Appointment to Proceed, In the matter of an arbitration between , T appoint , the day of ,18 , peremptorily for proceeding in this reference, and in case fail to attend without having previously shown to my satisfaction good and sufficient cause for absenting I shall proceed with the reference ex parte. Dated this day of 18 . To A. B., Arbitrator. 1 -I m ■m «■ r-'J FORM 132. Arbitrators Demand for Documents. In the matter of an arbitration between I require you to produce before me, on the day, of , 18 , at o'clock in the noon, at , the following documents relating to the matters in this reference, that is to say : — and also all other books, deeds, papers and writings con- cerning the matters in difference referred to my decision. Dated this day of , 18 . To A. B., Arbitrator. i .i I V I Va FORM 133. Notice to Umpire of Disagreement. In the matter of an arbitration between , ■we hereby give you notice that we cannot, and shall not be able to agree in making an award, but have finally disagreed about the same. n I i ^ If ^ ' H "i • A t a 184 D(JM1N10N CONVEYANCEU. Dated this To Witness, day of .IS . A. B., E. F., Arbitrator's^ FORM 184. Enlargement of Time by the Parties. We, the within named , do hereby give and nJlow to the within named arbitrator further time, namely^ until his award. Dated this Witness. the day of day of ,18 18 , to make G. H. I. J. K. L. The within named parties.. FORM 135. Enlargement of Time by Arbitrator. 1 hereby enlarge the time for making my award respect- ing the matter referred to me by the within submission until the day of , 18 . WitiUiss. A. B. Arbitrator. FORM 136. Notice of Pablication of Award. Gentlemen, — I hereby give you notice that I have made and pul)H!shed my award, in writing, respecting the matter in difference between and , and referred to me, and that my award lies at ready to be delivered The charges amount to $ ; Youi-s truly, A. B. To Arbitrator. ASSIGNMENTS. 135 f ASSIGNMENTS. FORM 137. Qeneral Form of Aaaignment Know all men by these presents, that I, the within named A. B., in consideration of dollars to be paid by C. D., have assigned to the said C. D. and his assigns- all my interest in the witliin written instrument, and every clause, article, or thing therein contained ; and I do hereby constitute the said C. D. my attorney, in my name, but to his own use, to take all legal measures which may be proper for the complete recovery and enjoyment of the assigned premises, with power of substitution. Witness my hand and seal, this, etc. FORM i;iS. Afif^iffnment of Crown. Lands. Know all men by these presents, that I, of the of in the County of and Province of , for and in connideration of of lawful money of Canada to in han* ASSIfiXMENir. i:ii> pormittod, or suffered, any act, (lee.stratoi"s or assigns for enfoicing the performance of the covenants and other matters and U T 140 DOMINION CONVEYANCEU. i I i I ! ihin^H contained in the said mortgage. And the said Assignor do hereby grant and convey unto the said Aasigneo heirs and assigns, all and singular 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 land and premises thereby granted and mortgaged to the use of the said Assignee heirs, executors, adminis- trators and assigns absolutely forever ; but sub' "* to the terms contained in such mortgage. And the said Assignor for heirs, executors, administrators and assigns do hereby covenant with the said Assignee heirs, executors, administrators and as- signs, that the said mortgage hereby assigned is a good and valid security and that the sum of is now owing and unpaid, and that ha 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 will upon request do perform and execute every act necessary to enforce the full performance of the covenants and other matters contained therein. In witness, etc. FORM 142. Assignment of Mortgage hy Indorsement. This indenture made the day of in the year of our Lord 18 , between within named, of the first part, and of of the second part witnesseth, that the party of the first part, for divers good considerations, him thereunto moving, and for the further consideration of the sum of five shillings to him in hand well and truly paid by the party of the second part at or before the sealing and delivery of these presents, the receipt whereof is hereby acknowledged, hath granted, bargained. ASSIQNHEN'l'S. 141 HoM and lussigned, and by these presents doth grant, bar- gain, sell and assign to the party of the second part, his heirs, executors, administi'ators and assigns, all the right, title, interest, claim and demand whatsoever, of him tho party of the first part, of, in and to the lands and tene- ments mentioned and described in the within mortgage^ and also to all sum and sums of money secured and pay- able thereby and now remaining unpaid, to have and to hold the same, and to ask, demand, sue for and recover the same, as fully to all intents and purposes as he the party )f the first part now holds and is entitled to the same. In witness, etc. ' -ft i II FORM 148. Transfer of Charge or Mortgage. Land Titles Act. I, C. D., the registered owner under the Land Titles Act, of the charge dated the day of 18 , made by A. B., etc., and registered as number charg- ing the land registered as Parcel 6, Township of York {as the case may he), in consideration of paid to me, transfer such charge to E. F. of , etc., as owner. Dated the day of 18 . Witness. ( Signature of registered \ owner of charge. (No seal necessary.) : (:■[ t .; S ' ft 3 i 142 DOMINION CONVEYANCER. FORM 144. Form of Tnnififcr of Charge hy Endorsement. Land Titles Act. I, the within named A. B., in consideration of S paid to me, do transfer to C. D., of, etc., the within niortsjraffe. Dated, etc. Witness. (Signature.) (No seal necessary.) FORM 145. Assignment Clause in Deed of Dissolution by one Partner to the other of Debts owing to the Firm. And tlio said J. B. doth lieroby assign and release to the said J. S., his executors, administrators and assigns, all his right, title and interest in and to the debts and other choses in action of the said firm of B. & S., mentioned in the books of the said firm, (or by schedule annexed), without any ac- count to be made or given for or concerning the same, and the mid J. B. for himself, his executors and a lit • i i ; ■I FORM 149. Afiiiignment of Articles of Clerkship. This Intlenture, made the day of A. D. 18 , between A. A. of Gentleman, a solicitor of the Supreme Court of Judicature for Ontario, of the first part ; C. C. of and D. C. (the clerk), «on of the said C C, of the socond part, and E. F. of Gentleman, a solicitor of the JSuprenie Court of Judicature for Ontario, of the third part; Whei'eas by Articles of Clerkship bearing date the day of A. D. 18 , mn.de between the said A. A. " of the one part and the said C. C. and D. C., his son, of tht ;;r 'i 1 ' ip 148 DOMINION CONVEYANCER. IH other part, and D. C. of hia own free will did put, place and bind himself Clerk to the said A. A. to serve hiui from the day of the date thereof for, and during, and unto the full end and term of five years from thence next ensuing, and fully to be complete and ended, subject to the several covenants and conditions therein contained. And whereas the said D. C hath served the said A. A. as his clerk from the day of the date of the said Articles to the day of the date of these presents ; and whereas it has been agreed tliat the said A. A. shall assign to the said E. F. all benefit and advantage of him the said A. A. under or by virtue of the said recited Articles of Clerkship for all the residue now to come and unexpired of the said term of five years ; and it has been further agreed that the said D. C. shall put, place and bind himself as clerk to the said E. F. from the day of the date of these presents for the remainder of the said term. Now THIS Indentuue WITNESSETH, that in pursuance of the said agreement he the said A. A., at the request and with the consent of the said C. C. and D. C. testified by their respectively being parties to these 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 advantage, interest, claim and demand whatso- ever of him the said A. A. under the hei'einbefore in part recited Articles of Clerkship, and the service of him the said D. C. under or by virtue of the same, to have and to hold all right and interest whatsoever of him the said A. A. in and to the service of him the said D. ,C. under or by virtue of the same unto the said E. F. his executors, admin- istrators and assigns. And this Indenture further witnesseth, that the said D. C. of his own free will and by and with the consent and approbation of the said C. C testified as aforesaid, hath put, placed and bound himself, and by these presents doth put, place and bind himself clerk to the said E. F., '"M ASSIGNMENTS. 149 to serve him from the day of the date of these presents for and during the remainder of the said term of five years, and fully to be complete and ended. And the said C. C. for himself, his heirs, executors, and administrators, doth covenant with the said E. F., his executors, administrators, and assigns, by these presents in iii.inner following, that is to say, that the said D. C will well and faithfully serve the said E. F. as his Clerk, etc. (the rest of the form may be taken from that of the original AHlcle8, hut confining the service and covenants to the remainder of the term,.) In witness, etc. FORM 150. Assignment of a Bond hj Endorsement. Know all men, etc., that for and in consideration of the sum of of lawful money of Canada, by E. F., of to the within-mentioned obligee, C. D., in hand well and truly paid at or before the sealing and delivery of these presents, the receipt whereof is hereby acknowledged, he the said C. D. hath bargained, sold, assigned, transferred and set over, and by these presents doth bargain, sell, assign, ti-ansfor and set over unto the said E. F. his execu- tors, administrators, and assigns, the within written bond or obligation, and all principal and interest money thereby secured, and now due, or hereafter to become due thereon, and all benefit and advantage whatever, to be had, made, A>r obtained by virtue thereof, and all the right, title, interest, property, claim and demand whatsoever, both at law and in equity, of him the said C. D. of, in, to, or oufc of the said bond and moneys, together with the said bond. To have, hold, receive and enjoy the said bond and moneys, unto the said E. F., his executors, administrators and assigns from henceforth, for his and their own use and benefit for ever ; and the said C. D. doth hereby make, C .1- •'I' i i w ! ! f a ^ ' 1 I ^ . } \- r hf^ t IIP :^l 150 DOMINION CONVEVANCEtt. constitute and appoint, and in his place and stead put and place the said E. F., his executora, administrators and assigns, the true and lawful attorney and attorneys irre- vocable of him, the said C. D., in his name, but to and for the sole use and benefit of the said E. F. his executors, administrators and assigns, to ask, demand and receive of and from the within named A. B. the obligor in the within written bond or obligation named, his heira, executora, administrators or assigns, all such principal and interest moneys as now are or shall from time to time, or at any time hereafter be due upon the said bond, and to sue and prosecute any action, suit, judgment or execution there- upon, and to acknowledge, make and give full satisfaction, receipts, releases and discharges, for all moneys secured by the said bond, and now due, or at any time hereafter grow- ing due thereon, and generally to do all and every such further and other lawful acts and things, as well for the recovering and receiving as also for the releasing and dis- charging of all and singular the said hereby assigned bond, moneys and premises, as fully and effectually to all intents and purposes, as the said C. D. his executors, administrators or assigns could or might do if personally present and doing the same. And the said C D. doth hereby for himself, his executors and administratora covenant with the said E, F., his executors, administrators and assigns, to ratify, allow and confirm all and whatsoever the said E. F., his executors, administrators or assigns shall lawfully do or cause to h& done in or about the premises, by virtue of these presents. And the said C. D. for himself, his executors and adminis- trators, doth further covenant, promise and agree to and with the said E. F., his executors and assigns, by these presents, in manner following, that is to say, that the within mentioned sam of remains justly due and owing upon the said bond, and that he the said C. D. hath not received or discharged all or any of the said moneys due, or to grow due on the said bond, nor shall or will release, nonsuit, vacate or disavow any suit or other legal ASSIGNMENTS. 151 proceedings to be had, made or prosecuted by virtue of these presents, for the suing for, recovering, releasing, or discharging of the said moneys, or any of them, without the license of the said E. F., his executors, administrators or assigns, fii*st had and obtained in writing, nor shall or will revoke, invalidate, hinder, or make void these presents, or any authority or power hereby given, without such license as aforesaid. In witness, etc. ,:! FORM 161. Assignment of Bond hy Endorsement, ConAyise Form. Know all men by these presents that I, A. B., of the of in the county of and province of Ontario, in consideration of the sum of of lawful money of Canada to me in hand, paid by C. D., of etc., at or before the sealing or delivery of these presents (the receipt whereof is hereby acknow- ledged), have sold, assigned, transferred, and set over, and by these presents doth sell, assign, transfer, and set over unto the said C. D., his executors, and assigns, the within bond or obligation, and all principal and interest thereby secured, and now due, or hereafter to accrue due thereon, and all benefit and advantage whatever to be had, made or obtained by virtue thereof, and all the right, title, interest, claim, property, and demand whatsoever of me the said A. B., of, into, or out of the said bond and moneys, together with the said bond. To have, hold, receive and enjoy the said bond and moneys unto the said C. D., his executors, administrators, and assigns, from henceforth for his and their own use and benefit for ever. In witness, etc. I I i\ ff" 152 J ^ 1 1 X DOMINION CONVEYANCER. FORM 152. Aasignment of Replevin Bond. Know all men by these presents that I, Esquire, sheriff of the county of , have at the request of the within named C D., the avowant {or person making cognizance) in this cause, assigned over this Replevin Bond unto the said C. D., purauant to the Statute in such case made and provided. In WITNESS whereof I have hereunto act my hand and seal of office this day of , A.D. 18 Signed, sealed and delivered in the presence of: } FORM 153. Assignment of Bail Bond. I, the within named sheriff of , have, at the re(iuest of A. B., the plaintiff, also within named, assigned to him, the said A. B., the within written bail bond, and all benefit and advantage arising therefrom, purauant to the Statute in that case made and provided. In WITNESS whereof I have hereunto set my hand and seal of office this day of , A.D. 18 • Signed, sealed and delivered by the within named sheriff in the presence of: } ••i ' FORM 154. Assignment of Several Demands Mentioned in Schedule. Agreement made this day of , 18 , be- tween of , of the one part, and of , of the other part. Whereas the said has for some time past carried on the trade or business of a at ''A-. ASSIGNMENTS. 153 ^1 aforesaid, and in the course of such trade or business the several persons whose names are mentioned in the schedule hereunder written have become indebted to him in the sums of money set opposite to their respective names, and he has contracted with the said for the absolute sale to him of the said debts for the sum of dollai*s : Now these presents witness that in consideration of the sum of dollars paid on the signing hereof, the receipt whereof is hereby acknowledged, he the said doth hereby assign unto the said , his executors, administratoi-s and assigns, all and singular the said debts and sums of money mentioned in the said schedule, which are now owing to the said ; to have, receive, and take the said debts and sums of money unto the said , his execu- tors, administrat'^i's and assigns, for his and their absolute use and benefit, as witness the hand of the said In witness, etc ■4 FORM 155. Assignment of Debt with Warranty. Know all men by these presents that I, C. P., of the City of in the County of and Province of Ontario, in consideration of dollai-s now paid to me by N. B., of the said city, broker and general agent, do hereby assign and transfer to him the said N. B,, all that certain debt due to me by one T. S., for goods sold by me to said T. S., and all my right, title and interest in and to the same and every part thereof. And I hereby warrant to him the said N. B., that there is due to me from the said T. S., the sum of seventy dollars on account of the said debt, and that this hxst mentioned sum is now due to me over and above all claims of set-off or otherwise, and is a valid and subsisting claim for the said amount, and that I have not made or knowingly suffered 'l'"' 154 DOMINION CONVEYANCER. any act, deecl, or thinjf whereby the said debt or demand or any part thereof, can be impeached or affected in any- wise howsoever. Dated at this day of A.D.,18 , C. P» i I" llii Itii FORM 150. I Aaaigwinent of Part of Debt, Know all men by these presents that I, P. S., of the of , in the County of , and Province of Ontario, gentleman, in consideration of the sum of dollars, now paid to me by T. M., of the said , do hereby assign and transfer to him the said T. M., a part of a certain debt owing to me by one E. L., of the of , of the County of ; the said part being to the extent of dollars of said debt, and all my right, title and interest in and to the said part of debt. And I hereby warrant to the said T. M. that there is due to mo from the said E. L. the sura of dollars on account of said debt over and above all claims for set- off or otherwise, and that the said claim is a valid and subsist- inff claim to the extent of dollars, and I hn ve not knowingly suffered any act, deed or thing, v Hereli\ ihtt said claim to the said extent can be imi^i " . or affected in anywise howsoever. Dated at this day t A.D. 18 . P.S. ASSIGNMENTS. FORM 167. 155- Know Town of tion of General Assignment of Book Debts. by th( presents that I, S. F., of the , in the County of in considera- dollars, now paid to me by T. W., of the of . in said County of gentle- man, do hereby assign and transfer to him the said T. W. all the debts, claims and demands {Tnentioned in the Sche- dule hereto annexed, or contained in a certain ledger marked A, and signed by me), whether the said demands are payable in money or otherwise, and all my right, title and interest in and to the said debts, claims and demands, and every or any part thereof respectively. And I, the said S. F., do hereby warrant that there is due to me from the said parties respectively the amounts which respectively appear to be due by said Schetlule (or ledger), and that the said sums are respectively due to me over and above all claims of set-off or otherwise, and that they are valid and subsisting claims for the said respective amounts, and I have not made or knowingly suffered any act, deed or thing, whereby the said debts, claims or demands, or any of them, or any part thereof respectively, can be impeached or affected in anywise howsoever. Dated at this day of , A.D., 18 . S. F. FORM 158. Assignment of a Debt, with Power of Attorney, etc. Know all Men by these Presents, that in> consideration of the sum of dollars, paid to by of in the county of (the receipt of which is hereby acknowledged), do hereby sell, assign, and transfer unto the said all claims and ■ ' 'i - Hi" ( * \ \ i! ! ; q 150 DOMINION CONVEYANCER. 1 deTnaiuLs against jof for ilebts due to the said and all actions asfainst said now pending in favour, and all causes of action whatsoever against him. And the said do hereby nominate and appoint the said his executors and administrators, attorney or attorneys, irrevocable ; and do give him and them full power and authority to institute any suit or suits against said and to prosecute the same, and any suit or suits which are now pending for any cause or causes of action, in favour of said against said to final judgment and execution; and any executions for the cause or causes aforesaid, to cause to be satisfied by levying the same on any ••eai or personal estate of the said and the proceeds tlnueof to take and apj)ly to liis or their own use ; and in case of levying said executions on any real estjite, the said hereby empower the said his executors ond administratoi-s, to sell, and execute deeds to convey the same, for such price or consid- eration, and to such pei'son or persons, and on such terms, as he or they shall deem expedient ; or, if he or they prefer it, to execute any conveyances that may be necessary to vest the title thereof in him or them, as his or their own property ; but it is hereby expressly stipulated that all puch acts and proceedings are to be at the proper costs and charges of the said his executors and adminia- tiators without expense to the said And the said do further empower the said his executora and administrator, to appoint such substitute or substitutes as he or they shall see fit, to carry into ettect the objects and purposes of this authority, or any of them, and the same to revoke from time to time at his or their pleasure; the said hereby ratifying and confirming all the lawful acts of the said his, etc., in purauanco of the foregoing authority. In witness, etc. ASSIGNMENTS. ur A.D. 18 , of the of the first part on or 18 , recovered a judg- against for costs, making together of the firat pai't FORM 159. Aftaignment of JiuJgment-Deht. This Indenture made the day of Between of the first part ; and second part: Whereas the said part about the day of nient in the Court of the sum of damages and the sum of I And whereas tlie said part Uia agreed to assign the said judg?./wNT and all benefit to arise therefrom either at law or in equity unto the said ]iiut of the second part in manner hei'cinafter expressed: Now THIS Indenture witnesseth that in pui*suance of the said agreement and in consideration of the sum of of lawful m»moy of Canada to the said part of the first part in hand well and truly paid by the saie impeached or attected in anywise howsoever, or \vhereby he, the said VV. B., has become dis- cntitled thereto. In witness, etc Hi FORM 162. Assionmenf of an Entire Intercut (or an undivided one- half intet'cst) in an Invention before the Issue of Patent. In consideration of the sum of dollars, to be paid by S. L., of the of , I do hereby sell and assign to t'le said S. L.,all (or an nndivided half of all) my right, title, interest in and to my invention for , as fully set forth and described in the specificatiims which I have signed preparatory to obtaining a patent. And I do hereby authorize and request the Commissioner of Patents to issue the said patent to the said S. L. (or jointly to myself and the said S. L.) in accox*dauce with this assign- ment. Witness my hand and seal this day of A.D. 18 , at the ASSIONMEN'ra FOllM 103. 161 Assifjnnient of an Entire Intercut in a Patent. In conHideration of dollars, to me paid by N. W., of I do hereby soil and aasi^^n to the said N. W., all my ri;(ht, title and interest in and to the Patent of > No. , for an improvement in granted to- me, A.I)., 18 , the same to be held and enjoyed l»y the said N. W. to the full end of the term for which such patent is granted, as fully and entirely as the same could have been held and enjoyed by me if this assignment and HJile had not been made. Witness my hand and seal this day of A.D., 18 , at .; *;■ n' ..3 l-n} FO«M 16i. 1^ \im;ili (V/.k Assignment of Copyrufht in li Booh ""^ '^^'^•^"''•l : ih'vir biui This In'denture made the 'J \\ day of ..(t ,t.n::.i'ki the year, etc., between Li J., of the-n lir.rl<- of n hiif, r.iin the County of gentlemftu, of the onei part, aiwl .^l. W. of the J . idf , of the other part. . •j.t^\r.-ji Whereas the sftid L. J/ hits written a book calleflf-f'I"'' . I,;.. . Now THIS IxpENTU^tE WITNESSETU that the suid L. J. for and in cpnsidcratioii of the gum of , .,,jj|j,.| dollaitj to him paid by the said J4, , W, ,(tl>e r^spaipt \«Iie.r(J9f i^.h^feby acknowledged), hath bargained, sold and assigned unto the .said M. W., his executore, administrators and assigns all B.O.O.— 11 ! i \l 1 1 ' . * 'in I *i? t Hi 162 DOMINION CONVEYANCER. that the said book, and all his copyrij^ht, title, and interest and property in and to the same ; to have and hold the said l)ook. copyright and all profit, benefit and advantage that shall or may arise, by and from printing, reprinting, and vending the same unto the said M. W., his executors, admin- istrator and assigns for ever. Provided always and nevertheless and these presents are on this express con- dition, that the number to be printed of the first and every other edition and impression of the said book shall not exceed and that the said M. W., his executoi*s, administrators and assigns shall and will pay unto the said L. J., his executors, administrators and assigns the further sum and sums of dollars for and upon the reprinting or making a second and each and every other future or further edition or impression that shall or may be made of the said book, for and towards a fui'ther reward and satis- faction to the said L. J. for his writing and compiling the same, the said payments to be made before the publication of the said several impressions or editions (after the fii*st) and before any sale of the same, or any part thereof by the said M. W., his executors, administmtors and assigns or any of them or by any other person or persons, by, for, or under them, or any of them. And the said M. W. for himself, his executors, adminis- trators and assigns doth covenant, promise and agree to and with the said L. J., his executora, administratoi-s and assigns, that he, the said M. W., his executoi*8, administra- tora and assigns shall and will pay or cause to be paid to the said L. J., his executora or administrator, the said respective sums of dollar at, and upon the reprinting and before the publication and sale of the said second, and every other future and further edition and impression, that shall or may be made of the said book, acconling to the proviso aforesaid, and the true intent and meaning of these presents. lu witness, etc "PI ASSIGNMENTS. 163 FORM 165. Assignment of a Policy of Life Insurance. Indenture made this day of 18 , between , of , hereinafter called the vendor, f(»re carried on business at as and beiii*^ unable to pay creditora in full, ha agreed to convey and assign to the said assignee all estate, real and personal, for the purpose of paying and satisfying the claims of cieditors rateably and proportionately, and with- out pr^'ference or priority. Now THIS Indenture witnesseth that in consideration of the premises and of the sum of one dollar tlie said debtor do hereby grant and assign to the suiil assignee heirs, executoi-s, administrators and assigns All the pei-sonal property which may be seized and sold under execution, And all real estate credits and effects. To Have and to Hold the same unto the said assifinee- hell's, executors, administratoi-s and assigns, respectively, according to the tenure of the same Ui'< >N Trust that the said assignee heii-s, execu- tors, 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 said debtor. And it is Hereby Declared that the said assignee executors, administrators and assigns shall stand possessed of the moneys derixed from the sale of the real a)id personal estate, and in tlie montiys derived from the sale of the real and personal estate, aned ; that the sius occasion sliall or may reipiiro. In testimony wlua'eof I have hereto set my hand and affixed my Notarial seal at thiv day at AD. 18 . FORM 176. Qencral Power of Atfoniey. Know all men hy these i»ue.'*ents, that for divei-H ^ood causes and considerations, thcreinito movin;^, ha nominated, constituted and appointed, and by these presents do nominate, constitute and appoint true and lawful attorney, for and in name and on behalf anf tlif same, either with or without taking security, or otherwise to act in respect of the same as to said attorney or attorneys sliall appear most expedient. And also, for anf. Anrl also, for and in nan»e, or otherwise, and on l)ehaU*, to enter into any agreement or arrangement with every or any person to whom or shall Ixj imlebted touching the payment or satisfaction of his demand, or any part thereof ; and generally to act in relation to estate and ett'ects, real and personal, as fully an«l eflectuall}', in all respects, as C(.>uld do if {K'^onally pi"esent. And hereViy gijint full iw)wer to said attorney to substitute and a[)point one or more attorney m \ ^' ' I ^ m ' \ P, ': ,■4, ■: 174 DOMINION CONVEYANCER. .' \m 4)1* uttornoyH uiuh'r him, with the wime or inoro limited powei-H, and such substitute and substitutes at plejisure to remove, and othi'i-s to apiN>int, the said hereby ft^reeinj; and covenanting^ for heii*s, executors ane done in the premises by virtue of these presents, ineludinme pos.si's.sed in the town of , and province of , and to cut tind)er and mine coal upon said est4it«>, and to erect, pull down, and repair houses or other buildings, or maehinery, and to make roads on or otherwise improve any ot the prenuses, and to insure the buildings and other pi-operty against damage or loss by tire. A'rrOUNEV, POWERS OF. 17f) FORM 178. To Deliver a ParticuUir Deed. In my nainu, and tus my act and (Iced, to Hifjn, neal, acknow- ledj^e, and deliver a curtain dood, prepared for execution, and 1>oaring date on or about the day of intended to convey to of a certain lot of land, situate, etc., for the conaidiM-ation of dollars, and for me to receive said purchoHe money. -Jl t' FORM 179. To Morfginfe uny Property, To borrow froni time to time hucIj sums of nioney and upon such terniH uh tiu; said attorney may think ex{)edient fur or in relation to any of the purpf>.seH or oljjects afore- Hiiid, upon the Kocurity of any of my property, whether i-eal or pei"Honal, or otherwise, and for such purposes to ^ive and execute and acknowledge n>ortga<^es with such powem and provisions as he may think proper, as also such notes or bonds as it is necessary or proper to use therewith. U w FORM 180. To Mortf/nffc Porllealar Property. For me, and in my name, and as my act and deed, to sii^n, seal or acknowledj^e, and deliver a mortgage deed of u certain store and the lot of land connected therewith, numbered on street, in the city of , etc., to such person or i)ei*son8, savings bank, or otluir corporation, an shall loan to me thereon the sum of ten thousand dollars, and for me to receive the amount of said loan. «■ f» ' .'4 176 DOMINION CONVEYANCER. FORM 181. To Execute Leases Generally. In my name, and as my act and deed, to sij^n, aea!> acknowledu- taiiu'd ; and gtmerally to executt- and perform all things requisite or necessary to be done in or about the premi^HJS. A'lTOKVEV, I'OWUas OP. FOKM 183. 177 To Deposit Moneys and Dmw Chetjuea in the Principal'a Name. Upon receipt of any moneys whicli hIjhII be paitl t » the f.iiid attorney by virtue of the preniiseH, to pay or iH up)n the settlement of such accounts shall app<>ar to lie justly owing to me ; and also for me, and in my name, and for my use, to accept a transfer of any pait of the Haiti I'esiduary estate which may be invested in any bonds, stocks, or other securities proper for executors or trusti.'es to hold, and upon the receipt of such moneys, or acceptance of such transfer, to give good and sufficient releases and discharges for the same to the sjvid executors, and for that pur{)ose, and in my name, to sign and seal, and lus my act and deed, deliver all such releases, acquittances, and discharges, as may ap[)ear to be necessary or expedient, in that behalf as shall be tendered to him for that purpose. I 'I \m m i ' I I FORM 196. Provision for a Siihatitute in Certain Contingenciea. And in case the tmid attorney shall die, or become incapable of acting as my attorney, I hereby appoint of to bo my attorney in place of the said attorney, with power to exercise all or any of the powers and authorities hereinbtifore conferred on the said attorney, in as full and ample a manner in all respects as if the name of the said substitute had been hereinbefore throughout inserted instead of the said attorney. f . t Ml 1 'm IMAGE EVALUATION TEST TARGET (MT-3) 1.0 I.I 1.25 m III 2.8 50 'l'^= ¥' - ilia ' IIIIM • m 2.2 2.0 1.8 1.4 1.6 -'■" -L vQ <^ /} a ^ ^c?^ a ^1 ^;. '/ % s Photographic Sciences Corporation 23 WEST MAIN STREET WEBSTER, N.Y. 14580 (716) 872-4503 \ ^:^ ^^ :\ \ ^9) V 6^ ■^. ■1^ :<> '^? &?/ i/l > 182 DOMINION CONVEYANCER. FORM 197. To Appoint Substitutes. To substitute and appoint from time to time an attor- ney, or attorneys, under him, the said attorney, with same or more limited powers, and such substitute, or substitutes, nt pleasure to remove, and another, or others, to appoint. FORM 198. ^. 'o Act Generally. • And generally to act as my attorney, or agent, at afore- said, in relation to the premises, and all other matters in which I i vv be interested or concerned, and, on my behalf, to execute all such instruments, and to do all such acts and thing :i, ac in v ^nd effectually in all respects as I myself C( ! i U > r \ .FORM 200. Power of Attorney (Custom House). Know all men by these Presents, that I, , of , in the county of , and Province of , merchant, have made, constituted and appointed, and by these presents do make, constitute and appoint , of , in the county of , of the said Pi'ovince, gentleman, my true and lawful attorney, for me and in my name, place and stead [here set forth what the power is granted /or], to receive and enter at the custom-house at , in the county of , any goods, wares, or merchandise importee rc(juired by the collector of customs at , in the county aforesaid, for securing the duties on any such goods, wares or merchandise ; Also- to sign my name; to seal and deliver for me, and as my act and deed^ any bond or bonds requisite for obtaining^ the debenture on any goods, wares or merchandise when exported ; and generally, to transact all business at the said custom-house in which I am or may hereafter be interested or concerned, as fully as I could if personally present. And I do hereby declare, that all the bonds signed and executed by my said attorney shall be as binding on me as those- signed by myself; and this power shall remain in full force and virtue until revoked by a written notice given to tha said collector. In witness, etc. Signed, sealed, etc. ill ■■ (■ 1 i 1 H il m k\ ... FORM 201. Appointmeiit of Stibstitutes by Virtue of an Authority ht a Power of Attorney. To all to whom these presents 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 18 , 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 or any of the mattera aforesaid, and from time to time every such sub- stitution and appointment 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 said power of attorney, and of all other authority, taa ATTORNEY, POWERS OF. 185^ lierbunto enabling, do hereby appoint and (»f and each of them, to be the attorney's and attor ney, jointly and separately of my said principal , for him and in his name, or in my name, to execute and perform all and every the matters and 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 piincipal, or as I might or could have done if personally present, and as they the said attorneys, or either of them, migjt or could have done if they had been appointed the attorneys jointly and severally of my said priuf^ipal, in and by the said power of attorney, instead of me, I, the said , hereby confirming and agreeing to confirm whatsoever the said attorneys jointly, or either of them separately, shall do or cause to be done in and about the preuiises by virtue of these presents. In witness, etc. FORM 202. Power to Transfer Stock. Know all men by these Presents, that I, of do make, constitute, and appoint of my true and lawful attorney, in- me and in my name and behalf, to transfer, assign, and set over unto of (or, an}/ other jwrson or persons), shares in the capital stock of the bank, in stand- ing in my name on the books of said corporation, and to- do all necessary acts, and to make the necessary acfpiit- tances and discharges to efiect the premises; (add, if desired, and I do further empoiver him to sahstitute any person or persons under hini ivith like poiver); hereby ratifying and confirmiag all my said attorney (or his svh^ stitute or substitutes, to be added if desired,) shall law- fully do by virtue hereof. In witness, etc. Signed, sealed, etc. y-i' ■; » t-?\ ' I: 186 DOMINION CONVEYANCER. I III 111 i\W li ii I If? i "•; Pi r U 5 FORM 203. Power to Receive Dividends. Know all men by these Presents, that I, of do constitute and appoint of to re- ceive from the cashier of the bank (or the treas- urer of ) of the city of the dividend or divi- dends now due to me, on all stock standing in my name on the books of the said bank, and to receipt for the same ; hereby ratifying and confirming all that by him may lawfully be done by virtue hereof in the premises. In witness, etc. Signed, sealed, etc. FORM 204. Power of Attorney (Revocation of). Whereas I, of did on the day of A.D. 18 , by a certain instrumen*' in writing, or letter of attorney, make and appoint of to be my true and lawful attorney, in my name and for my use, to {here set forth what the attorney was author- ized to do, precisely in the language of the original power,) as by the same writing, reference thereto being had, will fully appear ; Now know all men by these presents, that I, the said for a good cause and valuable con- sideration, have revoked, recalled and made void, and by those presents do revoke, recall, and make void, and to all intents and purposes, the said recited letter of attorney, and all powers or authorities therein granted, and all acts and things which shall, or may be done or performed by virtue thereof, in any manner whatsoever. (If another attorney is to he appointed, continue thus: — And further know ye, that I, the said do by these presents name, constitute, and appoint, and in my place and stead put and depute of to be my true and lawful attorney, etc., or os desired.) In witness whereof, etc. Signed, sealed, etc. ATTORNEY, POWERS OF. FORM 205. 187 Power of Attorney (Revocation of). (Another form.) Know all men by these Presents, that I, ■of for divera good causes and considerations, me hereunto especially moving, have revoked, countermanded, annulled and made void, and by these presents do revoke, countermand, annul and make void a certain deed, poll, or power of attorney, under my hand and seal, bearing date to of given, delivered and exe- cuted, and all powers and authorities whatsover therein expressed and delivered. As witness, etc. Signed, sealed, etc. 1 1 ill 1 \ i '.\ 11 188 DOMINlOiM CONVEYANCER. ! «f BILLS OF SALR R. S. 0. 1887, 0. 126. FORM 206. Bill of Sale (Chattels). Tii[S Indenture, made the day of A. D. 18 , Between , 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 said bargainor is possessed of the goods, chattels and personal effects, hereinafter set forth, described, and enumerated, and hath contracted and agreed with the said bargainee for the absolute sale to him of the same, for the sum of dollars, and these presents are intended to carry out such contract and agreement, now this inden- ture WITNESSETH, that in pursuance of the said agreement, and in consideration of the sum of dollars of lawful money of Canada paid by the said bar- gainee to the said bargainor, at or before the sealing and delivery of these presents, (the receipt whereof is hereby acknowledged) he, the said bargainor hath bargained, sold, assigned, transferred and set over, and by these presents doth bargain, sell, assign, transfer and set over unto the said bargainee, his executors, administrators and assigns^ ALL THOSE the said goods, chattels and personal effects, hereinafter described, that is to say ; (description of goods) all which said goods, chattels and effects are now in the possession of the bargainor, and are situate, lying and nk \\ ''Hf BILLS OF SALE. 189 l)ciiig on, upon and about {deacription of pn7)iises wJicre ike (jooih are), aiul all the right, title, interest, property, claim and demand whatsoever, both at law and in eciuity, or otherwise howsoever, of him the said 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 of them and every part tnereof, with tlio appurtenances, and all the right, title and interest of the bargainor thereto and therein, as aforesaid, unto and to the use of the said bargainee, his executors, administrators and assigns, to and for his and their sole and only use FOR E'ER : AND the said bargainor doth hereby, for himself, his heirs, executors and administrators, covenant, promise and amee with the said bargainee, his executors and adminis- tiators in manner following, that is to say : that he the said bargainor is now rightfully and absolutely possessed of and entitled to the said hereby assigned goods, chattels and eHbcts, and every of them, and every part thereof ; and that tlie said bargainor now has in himself good right to assign tlie same unto the said bargainee, his executors, adminis- ti.itoi's and assigns, in manner aforesaid, and according to tlie true intent and meaning of these presents; and that the said bargainee, his executors, administrators and assigns, shall and may from time to time, and at all times hereafter ])t'aceably and quietly have, hold, possess, and enjoy the said hereby assigned goods and chattels and every of them, and ever}' part thereof, to and for his and their own use and benefit, without any manner of hindrance, interruption, molestation, claim or demand whatsoever of, from or by the said bargainor, or any person or persons whomsoever : AND that free and clear, and freely and absolutely released and discharged, or otherwise, at the costs of the said bargainor, eti'octually indemnified from and against all former and other bargains, sales, gifts, grants, titles, charges, and encumbrances whatsoever : and moreover that he the said bargainor and all persons rightfully claiming or to claim any estate, right, title, or interest of, in or to the said hereby ^■^f % ^1 ; ■ |: li 1 f .1 190 DOMINION CONVEYANCER. assigned goods, chattols and ettects, and every of them, anif every part thereof, shall and will from time to time, and at all times hereafter upon every reasonable recjuest of the said bargainee, his executors, administrators or assigns, but at the cost and charges of the said bargainee make, do and execute, or cause or procure to be made, done and exe- cuted, all such further acts, deeds and assurances for the more effectually assigning and assuring the said hereby assigned goods, and chattels unto the said bargainee, his. executoi-s, administrators and assigns, in manner aforesaid,, and according to the true intent and meaning of these presents, as by the said bargainee, his executors, adminis- trators or assigns, or his or their counsel shall be reasonably advised or required. In witness, etc. Signed, sealed, etc. FORM 207. Ajffidavit of Bona Fides by the Bargainee. County of \ I, C. D., of the of To WIT : / , in the county of , the bargainee, in the foregoing bill of sale named, make oath and say : 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 bill of sale: and not for the purpose of holding or enabling me, this deponent, to hold the goods mentioned therein against the creditors of the said bargainor. Sworn before me at the of the county of this day of A. D. 18 . A Commissioner, etc., etc in BILLS OF SALE. 191 m FORM 208. Afjidavit of Bona Fides hy Agent of Bargainee when taking avConveyance. On'J fTARIO. County of To WIT : of the of , in the county of , make oath and say : (1) I am the duly autliorized agent of , the li.irgainee 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 bill of sale, and a true copy of such authority in attached to such conveyance or bill of sale, and is marke 1 with the letter A. (3) That the sale therein made is hoTia fide and iov 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 bar- gainee to hold the goods mentioned therein against the creditors of the said bargainor. SwoKN before me at the of , in the county of , this day of , A. D. 18 . A Commissioner, etc. \''l % - :4 f ORM 209. Authority to an Agent to take a Bill of Sale. Know all men by these Presents that I, C. D., of the of , in the county of , do hereby nominate, v^onstitute, 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> 102 DOMINION CONVEVANCEU. ; i' Is; III n> and for my sole ii.so and bonoHt to take and receive from one A. B., of the of , in the county of , a hill of Hale of certain chattel property, the property of the said A. B., for and in consideration of the sum of dollai-s, to be paid by me for the purchase thereof, and for the purchase thereof, and for all and every of the purposes aforesaid, I do hereV)y give and grant unto my said agent an their and his executors and administrators, and other the person or persons who shall have become partner or partners with them, or either of them, and his and their executors and administrators, all moneys, securities for money, goods and effects whatsoever, which he, the said 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 be accountable or which sha! be intrusted to his care by them, or either or any of them, or for or by any person or body politic to whom they or either of them shall be accountable. And shall not embezzle,^ withhold, destroy, or anywise injure any such moneys,, securities for money, goods and effects as aforesaid, or any books, papers, writings, goods or effects of them, or either or any of them, provided always that each of the said sureties is not to be separately liable, nor are his executors, administrators for more than 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 and their executors or administrators, six months notice in writing of his intention so to do, and shall ba f . from liability for any event or default happening aftci- i. a expiration of such notice. Signed, sealed, etc BONDS. 201 FORM 219. Bomd from Lessee and Surety to Pay Rent. Know all Men by these Presents, that we, C. D., of in the County of and Province of Carpenter, and E. F., of the same place. Butcher, are held and firmly bound unto A. B., of in the County of and Province of Esquire, in the penal sum of of lawful money of , to be paid to the said A. B., or to his certain attorney, executors, admin- istrators or assigns, for which payment well and truly ta he made, we bind oureelves, and each of us by himseUV our and each of our heirs, executors and administrators, for ever firmly by these presents. Sealed with our seals. Dated this day of A. D. 18 . Whereas, the above named A. B. by his Indenture of Lease, bearing even date with and executed before the above written obligation, for the consideration in the said lease mentioned hath demised to the above bounden C. D.. a certain saw-mill, situate at, etc. To hold unto- the said C. D., his executors, administrators and assigns, for the term of years, from thence next ensuing, determinable, nevertheless, at the end of the first years of the said term, if the said C. D., his executors, adminis- trators or assigns, shall give months' notice thereof, in manner therein mentioned, at and under the yearly rent of payable quarterly, in manner as therein expressed, as by the said lease will more fully appear. Now the condition of the above written obligation is such that if the above bounden C. D. and E. F., or either of tliem, their or either of their heirs, executors or administrators, shall, and do, during the continuance of the said recited lease, well and truly pay, or cause to be paid, the said yearly rent or sum of unto him the said A. B., hia heirs or assigns, by four equal quarterly payments, of each, on the several days following, that is to say, the i I 1, '.' i-i ^1 S' . i 1 i 1'' 1. i'' ! ' 'IBH ! i 202 DOMINION CONVEYANCER. day of the day of the day of and the day of in each and «very year during the said demise, or within days next after every of the said days or times of pajrment, according to the true intent and' meaning of the said recited lease, the first quarterly payment to be made on the day of next ; then the above written obli- gation shall be void and of no effect, but if default shall happen to be made of or in any of the said quarterly pay- ments, then the same shall remain in full force. Signed, sealed, etc. FORM 220. Bond for Minor to Convey when of A;jie. held Know all Men by these Presents, that and firmlj'^ bound unto in the penal sum of lawful money of Canada, to be paid to the said or to certain attorney, executors, administrators or assigns, for which payment, well and truly to be made, bind heirs, executora, administrators and assigns, for ever firmly by these presents. Sealed with seal. Dated this day of A, D. 18 . Whereas of, etc., deceased, by his last will and testament, in writing, dated the day of and duly proved in the Surrogate Court for the County of on the day of A. D. 18 , did, among •other things, give, devise and bequeath, all that messuage or tenements situated at described as follows, to wit, which was then in the occupation of to be divided equally between his two sons, and their heirs and assigns ; and whereas the above named obligee, has agreed with the said and for the absolute purchase of the tenement and premises, so devised to them as aforesaid, at and for the U I BONDS. 203 «um of but the said not being yet of the Age of twenty-one years, cannot join in conveying tht same to the said And whereas the said has at the request of the above bound and on his promise and undertaking that the said should, when, and as soon as he shall Have attained the age of twenty- Dne years, at the cost and charge of the said convey ana assure to him the said his heirs and assigns, his undivided moiety or half part of the said messuage or ten- ement and premises, paid into the hand of the said the whole of the said purchase money ; and the said has, by his deed of even date herewith, duly made, sealed and delivered, conveyed his undivided moiety or half part of said messuage or tenement and premises to the said his heirs and assigns ; Now, the condition of this obligation is such, that if the said do and shall, when and as soon as he shall have attained the age of twenty-one years, at the cost and charge of the said •convey and assure unto him the said his heirs and assigns, by such deeds and conveyances as the counsel of the said shall advise, his undivided moiety or half part of and in the said messuage or tenement and premises, devised to him and the said as aforesaid, and that without any consideration to be paid to him by the said and also, if, and in case the said ihis heirs, executors and administrators, do and shall, in the meantime, and until the said shall have executed such conveyance as aforesaid, save, defend, keep harmless and indemnified the said his heirs, executors, administrators and assigns, and the said messuage or tene- ment and premises, so to be conveyed by the said to the said as aforesaid, and ^he rents, issues and profits thereof, of and from all claim and demand to be made thereto, by or on behalf of the said then, etc.; otherwise, etc. Signed, sealed, etc. ( 1.;: I ! i'i if I ': 1 ^ I iff 204 DOMINION CONVEYANCER. Mm H :l ;5 FORM 221. Bond by a Vendor to a Purchaser to Indemnijy hint, against the Dower of Vendor's Mother. Know all Men by these presents, etc. Whereas the above bounden is the owner of cfcr//ain lands particularly described in a deed made by him to the above named obligee of even date with these presents, to be recorded this day in the registry of deeds for the county of ; and whereas the said lands are subject to the right of dower of the vendor's mother, ; and whereas, and upon the negotiations for the sale of said lands, it was agreed that the said vendor should enter into a bond in the penal sum of for indem- nifying the said purchaser, his heirs and assigns, against all claims by the said to dower in the said lands, or any part thereof, with such condition for making void the same as is hereunder written ; Now, the condition of the above written bond is such that if the said vendor, his heii's, executors, or administrators, or any of them, shall, at all times hereafter, keep indemnified the said purchaser, his heii-s and assigns, and also the said lands by the said deed expressed to be granted, and every part thereof, against all actions, accounts, claims and demands for or in respect of the dower, or right of dower of the said in the same^ then the above written bond shall be void ; otherwise the same shall remain in full force. Jn witness, etc. FORM 222. Bond of Indemnity to Tenant Paying Bent where Title is in Dispute. Know all Men by these Presents, etc. Whereas an action is now pending between the above bounden and other persons concerning the title to BONDS. 205 the house and premises situate at , now held by the above named oblij^ee under a lease thereof, dated the day of , 18 , made to him by the above bounden ; and whereas the said obligee has never- theless agreed to pay the rent of the said house and premises as the same shall fall due to the said obligor upon the said obligor's agreeing to indemnify him in respect thereof. Now, the condition of this obligation is such that if the above bounden obligor, hi heirs, executors and admin- trators or assigns shall pay, or cvuse to be paid, to the said (jbligee, his heirs, executors, a'Jministrators or assigns, all .such rent, sums of money, costs, and damages whatsoever us the said obligee, his heira, executors, administrators or as.signs shall by due process of law or otherwise be com- pelled to pay, and all costs or damages which he or they .shall otherwise sustain or incur by reason of his or their paying the said rent, or any part thereof, to the said obli- gor, his heii-s or assigns, in manner aforesaid, then this oblijjation shall be void, or otherwise shall remain in full force. In witness, etc. \'. it !!! m\ FORM 223. Bond for Payment of an Annuity to Hmhand and Wife, She Surviving, for their Respective Lives. Know all Men, etc. The condition of this obligation is such that if the above bounden (obligors), their heirs, executors or adniin- istvatoi-s, shall pay to the said (husband) during his life an annuity or yearly sum of dollai-s, by four equal (juarterly payments, on the first days of January, April, July and October in every year, and shall pay an appor- tioned part of such annuity up to the day of the death of tlie said husband to his executors and administrators, and shall make the first of such payments on the day of ■ ! t 1 ( i I ;! 1 'i. : :> i : li; ^^f* If' £ 1 Si M ■i|^ li!l!i i '5 ■^. j 206 DOMINION CONVEYANCER. next, and shall also, in case the said {wife) shall survive th& said QiUHhand) pay to the said {wife) during the then remainder of her life an annuity or yearly sum of dollars, payable on the like quarterly days, and shall pay an apportioned part of such last mentioned annuity up to the day of the death of the said {wife) to her executors or administrators, the first quarterly instalment of such last mentioned annuity, or a proportionate part thereof, for the interval between the death of the said {husband) and the first of the said quarterly days which shall happen there- after, to be payable on such last mentioned day, and shall make all the said payments without any deduction what- ever, then, etc FOUM 224. Bovd for the Performance of a Specijied Agreement. Know all Men, etc. The condition of the above written bond is such that if the above bounden {obligor), his executors and adminis- trators, shall in all things, on his and their parts, observe, perform, fulfil, and keep all and singular the clauses, con- ditions, agreements, matters, and things which on the part of the said {obligor), his executors or administrators, are to be observed, performed, fulfilled, and kept according to an agreement in writing, bearing even date herewith {or dated the day of , 18 .), and expressed to be made between the said {obligor), of the one part, and the said {obligee), of the other part, then the above written obliga- tion shall be void, but otherwise shall remain in full force. BONDS. FORM 225. 2or Buml by Contractor with Sureties for Per/omunice of a Building Contract. Know all Men, etc. Whereas the said (principal) has by agreement in writing, dated the day of A. D. 18 , and made between the said (principal), of the one pftrt, and the said (oblif/ee), of the other part, entered into a contract for building a house at : Now the condition of this obligation is such that if the said ( principal), his executors or administrators, shall duly perform and observe all the stipulations and agreements contained in the said contract, and on his and their part, to be performed and observed, and so that any alteration which may be made by agreement between the said ( principal) and the said (obligee), his executors and administrators, in the terms of said contract, or the nature of the work to be done there- under, or the giving by the said (obligee), his executors or administrators, of any extension of time for performing the said contract, or of any of the stipulations therein contained, and on the part of the said (principal) to be performed, or any other forbearance on the part of the said (obligee), his executors or administrators, to the said (principal), his executors or administrator, shall not in any way release the said (sureties), or either of them, or either of their hell's, executors or administrators, from their or his liability under the above written bond, then, etc FORM 226. Joint and Several Bond from a Builder and Swrety. Know all Men by these Presents, that we, A. B., of, etc., [builder], and C. D., of, etc., [surety], are held and firmly bound to E. F., etc., in the penal sum of $ , ^1 ''m m s. I ;■ m "'<■■ \i .' ' j ■'li. P ill t' ii m & !'! *208 DOMINION CONVEYANCER. If % (■ to be paid to the said E. F., or to liis executors, adinini.s- trators or assigns, for which payment to be well and truly made we bind ourselves and each of us, our and each of our heirs, executors, and administrators and assigns, jointly and severally, firmly by these presents. Sealed with our seals, and dated this day ot , A. D. 18 . Whereas, by certain articles of agreement, bearing even date with the above written bond or obligation, and made, or expressed to be made, between the above bounden A. B., of the one part, and the above named E. F., of the other part, he, the said A. B., for the considerations therein expressed, hath contracted and agreed with the said E. F. to erect and build on a piece of ground situated at , certain houses, etc., [describe the buUdings], in such manner and form, and at or within such time, as in the said articles of agreement and in a specification thereto annexed, and certain plans, elevations and sections in the said specifications, and articles referred to, {ire particularly mentioned and set forth ; and whereas on the treaty for the said contract, it was agreed that the said A. B. [huilder] and C. D. [surety] should enter into the above written bond or ol)Hgation as an ad-Jitional security to the said E. F. for the due performance of the said articles of agreement, and of all and everv covenant, matter and thinu* therein con- tained, on the part and behalf of the said A. B., his execu- tors or administrators, to be done and performed : Now, the condition of the above w^ritten bond or obligation is such that, if the above bounden A. 5-. his executors and adminis- trators, do and shall erect, and build, complete and finish the said [describe buildinrf], in and by the said articles of Moreement contracted to be erected and built, at and within the time therein expressed for completing the same, and also do and shall well and truly observe, perform, fulfil and keep all and every the covenants, contracts, clauses, articles, and agreements contained in the said articles of agreement, ■i 1 M BONDS. 209 and which by or on the part of the said A. B., his executors or adniinistratoi-s, are or ought to be observed, performed, fulfilled, and kept within such time and in such manner, in all respects, as in the said articles of agreement are men- tioned or required, according to the true intent and meaning (jt ine said articles of agreement, and according to the afore- said specifications, plans, elevation, sections, and drawings therein referred to, then the above written bond or obliga- tion shall be void and of no effect, but otherwise shall be and remain in full force and virtue. i ni FORM 227. Bond hy a Cashier with Sureties. Know all men, etc. Wliereas the above named corporation has agreed to take the above bounden {principal) into its employ as cashier, upon the said {principal) and the above bounden {sureties) entering into a bond in the above mentioned sum of dollars, with such condition as is hereunder written, for the faithful discharge by the said {principal) of his duties as cashier : Now, the condition of the above written bond is such that, if the said {principal) shall faithfully discharge his duties as such cashier as aforesaid, or if the said {principal and {sureties), or either of them, their or either of their heirs, executors or administrators, shall at all times hereafter keep indemnified the said cor- poration and its assigns against all losses, costs, damages, and expenses, which the said corporation or its assigns may pay, sustain, or be put unto, by reason of its taking the said {principal) into its employ, or by reason of any act, embezzlement, mismanagement, neglect, or default of or by the said ( principal) whilst in the employ of said cor- poration, or otherwise, then, in either of the said cases, Uie above written bond shall be void ; otherwise the same shall remain in full force. In witness, et*. B.D.C— 14 I I 210 DOMINION CGNVEYANCLIl. P i FORM 228. Bond by a Treasurer of a Corporation with Sureties, Know all Men by these Puesents, that we, of , principal, and and , both of said , as sureties, are holden and bound unto the , a corporation duly established under the laws of the Province of , in the sum of dollars, to the payment of which to the said corporation, its suc- cessors or assigns we hereby jointly and severally bind ourselves, our heii*s, executoi's and administrators. Whereas the said (principal) has been elected treasurer of the above named corporation for the period of one year from the day of , and whereas the said (principal) maj'^ hereafter be re-elected to or continued in such office for a further period : — Now the condition of this obligation is such that if the said (principal) shall at all times hereafter, so long as he shall continue in said office, whether by re-election or otherwise, faithfully, honestly and diligently perform and discharge all the duties of said office, and shall, whenever required, duly and faithfully account to the said corpora- tion, its successors or assigns, for all moneys, goods, and property whatsoever, for or with which the said (princi- pal) may be in anywise accountable or chargeable to the said corporation, and shall, when required, pay or deliver all such moneys, goods and property to said corporation^ its successors and assigns, then this obligation shall be void ; or otherwise the same shall remain in full force and effect'. In witness, etc. ^Clause^ providing that giving time shall not afPoct liability of sureties, and providing for limitation of the liability of the sureties may be added. Provided that any forbearance on tne part of the said corpor- ation, its successors or assigns, toward the said (principal) in respect of his failure or neglect to perform such services and duties, or to make such payments as aforesaid, shall not in any way release or exonerate the said {suretiet), or either of them, their or his heirs, executors or administratora, in respect of their or hia liability under the above written bond. ;^ I BONDS. 211 FORM 229. Boml to Preserve a Secret Mode of Manufactv/ring an Article. Know all Men, etc.* Whereas the said (obligee) has imparted to the above bounden (obligors) a certain secret to be used in the prepara- tion of an article of medicine known as , upon the express agreement that the above bounden (obligors), should enter into the above written bond : Now, the condition of the above written obligation is such that if the above bounden (obligors), their heirs, executors and administra tors, do well and truly keep the said secret, and do not disclose the same without a special license, or consent of the said obligor, his heirs or assigns, in writing under his or their hands, first had or obtained for that purpose, then the above written obligation shall be void, otherwise the same shall remain in full force. In witness, etc FORM 230. Bond to Secure Payment of Lien on Saw Logs under R S. 0. 1887, c. 121. Know all Men by these Presents, that we (here insert names of obligors, being the owners of the logs and at least one sufficient surety ; or, if the signatwre of the owner cannot be obtained without unreasonable delay, then being * The penalty for such a bond may be a fixed sum, expressed " to bo paid by way of liquidated and ascertained damages," if the partes so a}^ree, for otherwise no recovery can be had except upon proof of special damage ; and the measure of damage for a breach of such an obligation cannot be accurately ascertained. If the penalty agreed upon by the parties as liquidated damages be not clearly disproportionate, the couit will not relieve the obligor against payment of the full amount. i 'i\ ,r-' \k -■ * '■■ i I n !fiT'. I ! ■ t i,' 212 DOMINION CONVEYANCER. V 1 * .4 f • ■ i i. i •h :i 1: ! I « hil o sureties), I, , am held and firmly bound unto A. B. (here insert the name of the person claiming the lien), in the penal sum of (double the amount of the clainn) $ to be paid to the said A. B., his executors, administratoi's and assigns, for which payment well and truly to be made, we, and each of us, bind ourselves and each of us, our and each of our executors and administrators, jointly and sev- erally, firmly by these presents. Sealed with our seals, and signed by us this day of A. D. 18 . Whereas the said A. B., claiming to act under the authority of The Saw Log Driving Act, has taken posses- sion of certain (saw logs, timber, etc., as the case may be) owned or controlled by and claims a lien thereon for the sum of $ , under the provision of section (5, 8, or 11, as the ca^se rfiay be) of the said Act. And whereas the said bond is given as security for pay- ment to the said A. B., of such sum as he may be held entitled to by arbitration, pursuant to the said Act, and of any costs and expenses of the arbitration which may become payable to him. Now the condition of the above obligation is such that if the said , his executors or administrators do pay to the said A. B., his executors, administrators or assignsi such sum as may be determined by arbitration pursuant to the said Act, to be payable to the said A. B., his executors, administrators or assigns, for charges and expenses under sections (5, 8, or 11, cw < A Commissioner, etc., etc. FORM 236. Affidavit of the Due Execution of a Chattel Mortgage. Ontario : County of I, G. H., of the in the County of (occu' To WIT : pation) make oath and say : That I was personally present, and did see the within bill of sale by way of mortgage duly signed, sealed and executed by A. B., one of the parties thereto, and that the name G. H. set and subscribed as a witness to the execution thereof is of the proper handwriting of me this deponent and that jhe same was executed at the of in the said County of Sworn before me at | ' eto. 1 A Commissioner, etc CHATTEL MORTQAQES. 223 !fi FORM 237. Affi,davit of Bona Fides by Agent of Mortgagee when Taking a Mortgage. Ontario. County of To wit : I, E. F., of the of in the county of make oath and say : 1. I am the properly authorized agent of C. D., 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 have been properly authorized in writing to take such bill of sale by way of mortgage, and the paper writing 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 C. D., 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 pro- tecting 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 preventing the creditors of such mortgagor from obtaining payment of any claim against him the said A. B. Sworn before me at, etc. A Commissioner, etc. r ,- (i;.j :? !;i .,•1 224 DOMINION CONVEYANCER. FORM 238. Authority to Agent to Take a Mortgage. Know all Men by these Presents, that I, C. D., 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 times of the pay- ment of the mortgage), and for all and every of the purposes aforesaid, I do hereby give and grant 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 pex'formed, 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 hereof. In witness whereof, etc Signed, sealed, etc FORM 239. Chattel Mortgage, Securing a Mortgagee against hia Liability as Endorser for a Mortgage. This Indenture made the day of in the year of our Lord one thousand eight hundred and f Between (hereinafter called the Mortgagor ), of the first part ; and (hereinafter called the Mort* gagee ), of the second part ; CHATTEL MORTGAGES. 225 Whereas the said Mortgagee, at the request of the -Mortgagor, and for his accommodation, has endorsed the promissory note of the said 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, {an exact copy of the note or notes) ; And whereas, in consideration thereof, the said Mort- gagor has agreed to enter into these presents for the purpose of indemnifying and saving harmless the said Mortgagee of and from the payment of the said recited note, or any part thereof, or any notes hereafter to be endorsed by the said Mortgagee for the accommodation of the said Mortgagor, by way of renewal of the said recited note (so that, how- and for such persons to break and force open any dooi-s, locks, bars, bolts, fastenings, hinges, gates, fences, houses, buildings, enclosures, and places, for the purpose of taking possession of and removing the said goods and chattels; and upon and from and after the taking possession of such goods and chattels as aforesaid, it shall and may be lawful for the said Mortgagee, his executors, administrators or assigns, and each or any of them, is and are hereby author- ized and empowered to sell the said goods and chattels, or any of them, or any part thereof, at public auction or pri- vate sale, as to him or them may seem meet ; and from and ill W ;ji 1 ,.v! ■h x 1! H^Mi" 1 :t ; 228 DOMINION CONVEYANCER. out of the proceeds of such sale in the firat place to pay and reimburse himself or themselves all such sums and sum of money as may then be due by virtue of these Presents, on the said recited note or any future renewals thereof as aforesaid, and all such expenses as may have been incurred by the said Mortgagee, his executors, administrators, or assigns in consequence of the default, neglect or failure of the said Mortgagor, his executors, administrators or assigns, in payment of the said recited note, or any renewal thereof,as above mentioned.or in consequence of such sale, or removal or otherwise, as above mentioned, and in the next place to pay unto the said 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 int.vrr ^' ^hereon, as he the said Mortfjagee shall be called ape . ■,''\r by reason of endorsing the said promissory notv j^ Vito said Recital and Proviso mentioned, or any future notes to be endoi-sed by the said Mortgagee for the said Mo Tag< J aforesaid, at the time of such seizure, and after pa^ymiui of the costs, charges and expenses incurred by such seizure and sale, or otherwise, as afore- said ; provided always, nevertheless, that it shall not be incumbent on the said Mortgagee, his executors, adminis- trators and assigns, to sell and dispose of the said goods and chattels ; but that in case of default in payment of the said recited note or renewals as aforesaid, it shall and may be lawful for the said Mortgagee, his executors, adminis- tratoi's and assigns, peaceably and quietly to have, hold, use, occupy, possess and enjoy the said goods and chattels, without let, molestation, eviction, hindrance, or interruption of him the said Mortgagor, his executors, administrator or assigns, or any of them, or any other person or persons whomsoever ; and the said Mortgagor doth hereby for him- self, his heirs, executors and administrators, further covenant, promise and agree to and with the said Mort- gagee, his executors, administrators and assigns, that in case the sum of money realized under any such sale as above \4 CHATTEL MOBTGAOES. 229 mentioned shall not be sufficient to pay the whole amount due at the time of such sale, that he the said Mortgagor, his executors or administrators, shall and will forthwith pay, or cause to be paid unto the said Mortgagee , his executors, administrators and assigns, all such sum or sums of money* with interest thereon, as may then be remaining due upon or under the said promissory note or any renewals thereof ; and the said Mortgagor doth put the said Mortgagee in full possession of the said goods and chattels by delivering to him these presents in the name of all the said goods and chattels at the sealing and delivery hereof. And the said Mortgagor covenants with the said Mort- gagee that he will during the continuance of this mort- gage, and any and every renewal thereof, insure the chattels hereinbefore mentioned against loss or damage by tire in some insurance office (authorized to transact business in Canada) in the sum of not less than dollars, and will pay all premiums and moneys necessary for that purpose, three days at least before the same become due ; and will on demand assign and deliver over to the said Mortgagee, his executora and administrators, the policy or policies of insurance and receipts thereto appertaining ; provided, that if on default of payment of said premium or sums of money by the said Mortgagor, the said Mortgagee, his executors or administrators, shall pay the same ; then such sum of money shall be added to the debt hereby secured, and shall bear interest at the same rate, from the day of such payment, and shall be repayable with the sum hereby secured. In witness whereof, etc. Signed, sealed, etc. ;:ll il FORM 240. Affidavit of Bona Fides by the Mortgagee. Ontario : County of To WIT ; I, CD., of the of in the County of the Mortgagee in the foregoing Bill of Sale by way of mortgage named, make oath and say : That such 1 is; i I' ill \i ! ' i- i: 230 DOMINION CONVEYANCER. mortgage truly sets forth the agreement entered into between me C. D. and the said Mortsjaffor therein named, B^n^ and truly states the extent of the liability intended to be created by such agreement, and covered by such mortgage, and that the said 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 mortgage, or any renewals of the said recited promissory note as therein set out, and against the pay- ment of the amount of such my liability for the said Mortgagor as therein set out, and not for the purpose of securing the goods and chattels mentioned therein against the creditors of the Mortgagor , nor to prevent such creditors from I'ecovering any claims which they may have against such said Mortgagor. Sworn before me, at, etc. A Commissioner, etc. FORM 241. Ajfidavit of Execution of Foregoing Chattel Mortgage. Ontario: County of To WIT :J I, of make oath And say : That I was personally present and did see the '^vithin Bill of Sale by way of mortgage duly signed, sealed ;and delivered by the parties thereto, and that I, this deponent, am a subscribing witness to the same ; that the name 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 in the said County of Sworn before me, at, etc A Commissioner, etc. CHATTEL MORTGAGES. 231 FORM 242. Chattel Mortgage to Secure Future Advances. This Indenture made (in duplicate) the day of in the year of our Lord one thousand eight liundred and Between of the of in the County of [hereinafter called the Mortgagor] of the first part; and of the of in the County !)f [hereinafter called the Mortgagee] of the second part. Whereas "the said Mortgagor has applied to the said Mortgagee for future advances in money, and for the pur- pose of enabling the Mortgagor to enter into and carry on l)usine8S with such advances, the said Mortgagee has this (lay consented and agreed upon the agreement of the Mort- gagor to execute and deliver these presents as security to the Mortgagee for the repayment thereof, to advance to the said Mortgagor the sum of dollars in three sums of dollars cash, the first whereof is to be advanced to the Mortgagor in one 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 consideration thereof, the said 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 this indenture witnesseth that the Mortgagor, in pursuance of the said agreement, and for the consideration hereinbefore recited, and in consideration of the covenant of the Mortgagee in these presents contained and of the sum of one dollar hath granted, bargained, sold and assigned, and H 232 DOMINION CONVEYANCER, 1 •■ t ! t '1 Hit : 111 III! by these presents doth grant, barf^ain, sell and assign unto thi> Mortgagee, his executors, administrators and assigns, all and singular, the goods, chattels, personal property and effects particularly mentioned and described in the schedule here- unto annexed marked " A.," to have and to hold, all and singular, the said goods, chattels, personal property and effects hereinbefore granted, bargained, sold and assigned or mentioned, or intended so to be, unto the Mortgagee, his executors, administrators and assigns, to the sole and proper use and behoof of the Mortgagee, his executors, administrators and assigns for ever ; provided always, and these presents are upon this condition, that if the Mort- gagor, his executors or administrators do arid shall well and truly pay or cause to be paid unto the said Mortgagee, his executors, administrator 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 said Mortgagee of and from all loss and damage by reason of these presents. 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 con- trary thereof in anywise notwithstanding. And the Mort- gagor, for himself, his executors and administrators shall and will warrant and for ever defend by these presents all and singular the said goods, chattels and property 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 j 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,the said Mortgagor, his executors or administrators, or some or one of them, will well and truly pay or cause to CHATTEL MORTGAGES. 233 ' J, be paid unto the said Mortgagee, his executors, administra- tors or assigns the said sum of dollars, in the above proviso mentioned, with interest as aforesaid, on the day and time and in the manner above limited for the payment thereof. And in case default shall be made in the payment of the said sum of money in the said proviso mentioned, or the interest thereon, or any part thereof, or in case the 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 county of 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 said Mortgagor shall suffer, allow or permit a judgment to be obtained against him for a debt in any Court of Law or Equity, or shall suffer, allow or permit any taxes, rates, duties or assessments whatsoever, for which he now is or hereafter during the currency of these presents may be assessed, to remain unpaid or unsatisfied for a period of seven days after demand made therefor by the proper officer in that behalf, or in case the Mortgagor shall fail in paying his rent arising out of the premises upon which the said goods now are or hereafter may be during the continu- ance of these presents, six days at least before the same becomes due, or in case default shall be made in the performance of any of the covenants by the Mortgagor in these presents contained, then and in such case it shall and may be lawful for the said Mortgagee, his executors, adminis- trators or assigns, with his or their servant or servants, and with such other assistant or assistants as he or they may require at any time during the day to enter int/O and upon any lands and tenements, houses and premises where- soever and whatsoever, where the said goods and chattels, or any part thereof, may be, and for such persons to break and force open any door, locks, bolts, bars, fastenings, hinges, gates, fences, houses, buildings, enclosures and places, for I-: If] 11 . .X. ; if ^15 l^'l 234 DOMINION CONVEYANCER. the purpose of taking possession of and removing the said goods and chattels ; and upon and from and after the taking possession of such goods and chattels as aforesaid, it shall and may be lawful, and the Mortgagee, his executors, administrators or assigns, and each or any of them is and are hereby authorized and empowered to sell the said goo ^ ^ and chattels, or any of them, or any part thereof, at pul auction or private sale, as to him, them or any of them may seem meet, and from and out of the proceeds of such sale in the first place to pay and reimbunse himself or them- selves all such sum and sums of money as may then be due by virtue of these presents, and all such expenses as may have been incurred by the Mortgagee, his executors, administrators or assigns, in conseqiience of the default, neglect or failure of the Mortgagor, his executors, ad- ministrators or assigns, in payment of the said sum of money with interest thereon as above mentioned, or in con- sequence of such sale or removal as above mentioned ; and in the next place to pay unto the Mortgagor, his executor or administrators and assigns, all such surplus as mj remain after such sale, and after payment of all such sum and sums of money and interest thereon as may be due by virtue of these presents at the time of such seizure, and after payment of the costs and charges and expenses incurred by such seizure and sale as aforesaid ; Provided, that the mortgagee, his executors, adminis- tratoi*s or assigns may, in default of payment of any of the payments of interest or instalments hereinbefore men- tioned, or any part thereof, distrain for the whole principal sum then unpaid. Provided always, nevertheless, that it shall not be incumbent on the mortgagee, his executors, administrators or assigns, to sell and dispose of the said goods and chat- tels, but that in case of default of payment of the said sum of money with interest thereon as aforesaid, it shall and may be lawful for the mortgagee, his executors, adminis- 1-1 i\ CHATTEL MORTOAOES. 235 tratorH or UHsigns, puaceably ami quietly to have, hold, uho, occupy, possess and oujoy the said goods and chattelH, with- out the let, molestation, eviction, hindrance or interruption of him, the said mortgagor, his executors, administratora or assigns, or any of them, or any other person or persons whomsoever : And the mortgagor doth hereby further covenant, promise and agree, to and with the mortgagee, his execu- tors, administrators and assigns, that in case the sum of money realized under any such sale as above mentioned shall not be sufficient to pay the whole amount due at the time of such sale, that the mortgagor, his executors or administrators, shall and will forthwith pay or cause to be paid unto the mortgagee, his executors, administrators or assigns, all such sum and sums of money, with interest thereon, as may then be remaining due, as well also as all costs and expenses as may have beci incurred by the mort- gagee in and about such seizure and sale. And the mortgagor doth put the mortgagee in full pos- session of the said goods and chattels, by delivering to him these presents in the name of all the said goods and chat- tels, at the sealing and delivery hereof : And the mortgagor further covenants with the mort- gagee that he will, during the continuance of this mortgage, and any and every renewal thereof, insure the chattels and property hereinbefore mentioned, against loss or damage by fire, in some insurance office authorized to transact business in Canada, in the sum of not less than dollars, and will pay all premiums and moneys necessary for that purpose three days at least before the same become due, and will, on demand, assign and deliver over to the said mortgagee, his executors' and administrators, the policy or policies of insurance and receipts thereto appertaining : Provided, that if on default of payment of said premiums or sums of money by the mortgagor, in manner and at the times aforesaid, the mortgagee, his executors or adminis- 1 * w i ( 236 DOMINION CONVEYANCER. 13 J II' m liipi^ trators may pay the same, and 8uch sums of money shall be added to the debt hereby secured (and shall bear interest at the same rate from the date of such payment), and shall be repayable with the principal sum hereby secured. And in consideration of the execution of these presents the said mortgagee covenants for himself, his executors, administrators and assigns with the mortgagor, his execu- tors, administrator or assigns that he, the mortgagee, his executors, administrators and assigns will faithfully ad- vance the said sum of dollars to the said mort- gagor in manner and at times hereinbefore specified. In witness whereof, etc. Signed, sealed, etc. FORM 243. Affidavit of bona fides by Mortgagee. Ontario, County of To wit : ) I, C. D., of the of in the , the mortgagee in the foregoing bill of sale by way of mortgage named, make oath and say : That the foregoing mortgage truly sets forth the agree- ment entered into between myself and therein named, and truly states the extent of the liability intended to be created by such agreement, and covered by the fore- going mortgage. That the foregoing mortgage is executed in good faith, and for the express purpose of securing me, the said mort- gagee, in the repayment of the said advances which I have agreed to make to the said mortgagor, as in this mortgage set out. That the foregoing mortgage is not executed for the purpose of securing the goods and chattels mentioned in CHATTEL MORTGAGES. 237 the Schedule attached hereto marked A. against the credi- tors of the said , nor to prevent such creditors from recovering any claim which they may have against the said [ For form of affidavit of execution, see Form No. 227, ante.] FORM 244. Assignment of Chattel Mortgage. This Indenture, made the day of one thousand eight hundred and 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, by a certain chattel mortgage dated on the day of , one thousand eight hundred and , and duly filed in the ofiiee of the clerk of the county court of the county of one did grant and mortgage the goods and chattels therein mentioned unto the said assignor executors, adnjinistrators and assigns for securing the payment of dollai"S and interest thereon at the rate of per cent, per annum in manner following, that is to say : And whereas there is now owing upon the said mort- ffaffe the sum of dollars and interest thereon at the rate aforesaid from the day of And whei'eas for the consideration liereinafter men- tioned, it is intended to assign, transfer and set over the said in part recited mortgage to the said assignee together with all moneys (hie, or to become due thorcon ; and to also grant the goods and chattels therein contained and these assignee and hereinafter set out to the said presents are intended to carry out such intention. ■) 1. ■ I '-ii I In ^ 238 DOMINION CONVEYANCER. I < ;• Now THIS Indenture Witnesseth, that in considera- tion of dollars of lawful money of Canada now paid by the said assignee to the said assignor (the receipt whereof is hereby acknowledged), the said assignor do hereby assign and set over unto the said assignee executors, administratoi-s and assigns all that the said hereinbefore in part recited mortgage, and also the said sum of dollars and the 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 pro- visoes contained in said mortgage, and the said assignor do hereby grant, bargain, sell and assign unto the said assignee executors, administrators and assigns, all and singular the said goods and chattels therein and hereinafter more particularly mentioned and described, that is to say : And all the right, title, interest, property, claim and demand whatsoever, both at law and in equity, or otherwise how- soever of him the said assignor of, in, to and out of the same and every part thereof. To have and to hold the said hereinbefore recited mort- gage and the moneys secured thereby, and also the said goods and chattels and every of them with their appurten- ances unto the said assignee executors, administrators and assigns absolutely; Subject to the proviso for redemp- tion contained in the said mortgage. And the said assignor for self, h executors and administrators, do hereby covenant with the said assignee, executors, administrators and assigns, that the said sum of dollara and interest thereon at the rate aforesaid from the day of is now justly due, owing and unpaid upon, and by virtue of the said mortgage, and that he ha net done or pennitted 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 CHATTEL MORTGAGES. 239 chattels, or any of them, have been or may be removed from the said and that executors and administrators will upon the request and at the cost ot the said assignee, executoi-s, 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 con- tained in the said mortgage. In witness whereof, etc. Signed, sealed, etc. FORM 245. Affidavit of Execution of the Foregoing Assignment. Ontario : County of To wit: I. of , of the , in the County of , make oath and say : That I was pei-sonally present and did see the foregoing assignment of chattel mortgage duly signed, sealed and executed by the parties thereto ; and that I this deponent am a subscribing witness to the same ; and that the name set and subscribed as a witness to the execution thereof, is of the proper handwriting of me this deponent and that the same was executed at the o£ , in the county of Sworn before me, etc. A Commissioner, etc i '.! ' M 240 DOMINION CONVEYANCER. FORM 246. Affi-davit of bona fides by Assignee of Chattel Mortgage , of the , in the County of :* Ontario : \ I, County of ■ of To wit: the assignee in the foregoing assignment of chattel mort- gage named, make oath and say: 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 assignment, and is not for the purpose of holding or enabling me this deponent to hold the goods mentioned therein against the creditora of therein named. Sworn before me, etc. A Commissioner, etc. FORM 247. Statement on Renewal of Chattel Mortgage. Statement exhibiting the interest of C. D., of in the property mentioned in a chattel mortgage, dated the day of 18 > made between A. B., of the of , in the county of , of the one part, and C. D., of the of , in the county of , of the other part, and filed in the office of the clerk of the county court of the court 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 C. D. is still the mortgagee of the said property and has not assigned the said mortgage (or) the said E. F. is the assignee of the said mortgage by virtue of an assign- ment thereof from the said C. D. to him, dated the day of 18 . I il'lli CHATTEL MORTGAGES. 241 No payments (or the following payments and no other) have been made on account of the said mortgage. 1892, Jan. 1, cash received $ /lOO. The amount still due for principal and interest on the said mortgage is the sum of dollars, computed as follows : {Computation.) FORM 24a Authority to an Agent to renew a Mortgage. Know all men by these presents, that I, C. D., 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 tnie and lawful agent and attorney, for me and in my name, and for my sole use and benefit, to renew a certain chattel mortgage to me from one A. B., of the of , in the county of , securing to me on certain goods and chattels the sum of , which said mortgage bears date the day of , A.D. 18 , and was filed in the office of the clerk of the county court of the county of , on the day of A.D. 18 , at the hour of o'clock in the noon. And for all and every of the purposes aforesaid, I do hereby give and grant unto my sjiid agent and attorney full power and authority to do, perform and execute all acts, deeds, matters and things necessary to be done and performed, and all proceedings to take, necessary to be B.D.C— 16 V I I'. * . » !• ; -■ t ( ■i \ t 'h' j i ■ .'H V. 242 DOMINION CONVEYANCER. taken in and about the premises, I hereby ratifying^, con- firming ajiJ allowinji^, analance. My name is {name in full) and my post office address to which a reply may be sent is Dated at this day of 18 ' : 1 i 1 ^B' I^^S ' i ; ; I • i y U'"i.. i ^ ' ' ' Mil ! ) 1 ' it m- ilh 256 DOMINION CONVEYANCER. FORM 20G. Answer to Foregoing Applicatiori. To of Sir, — The amount due, (or) the balance due, (or) the amount unpaid, (or) the balance unpaid on that certain manufactured chattel referred to by you in your appli- cation for information dated the day of 18 and received by the undersigned on the day of 18 is the sum of $ . The terms of payment of such amount, (or) balance are as follows : — This statement is mailed to you at the above address and registered. Dated at this day of IS (Manufacturer). FORM 267. Form of Notice of Sale under Section 8. To of : Sir, — Notice is hereby given you, that at the expiration of five days from the day of service of this notice upon you, to wit : upon day of 18,1 shall proceed to sell the following goods or chattels, namely : (description) at in the of in the county of The said goods and chattels were taken possession of by me on account of the breach of condition in the conditional sale, or promise of sale thereof, by me to you. If you desire to redeem the said goods or chattels you are at lil)erty to do so, at any time within twenty days after the day of (the day of taking possession), on payment of the sum of $ , being the amount in arrear on such conditional sale, together with interest and actual costs and expenses of taking possession, which have b«m incurred. Dated this day of 18 CONDITIONS OF SALES OF LAND. 267 CONDITIONS OF SALE OF LAND. FORM 268. Ordinaiy Form. 1. The highest bidder shall be declared the purchaser ; and if any dispute shall arise as to the last or best bidder, the property shall be immediately put up again at the for- mer bidding. 2. No person shall advance at any one bidding less than dollars, or retract his or her bidding, and the ven- dora, by themselves or their agent, shall be at liberty to bid once for the property. 3. The purchaser shall pay, immediately after the sale, to the vendor's solicitor, a deposit of per cent, in part of the purchase money and sign an agreement for the payment of the remainder on or before the day of ,18 . The premises will be sold subject to all defects or imperfections of title subsisting before the commencement of the title of the present ven- dors, and not occasioned by any act done by them or any person claiming under or in trust for them (and subject also to the several mortgages outstanding appearing on the certificate of the registrar of the county of which will be produced at the time of the sale.) 4. The purchaser shall accept a conveyance from the vendoi-s, to be prepared at his own expense, on payment of the remainder of the purchase money ; and possession will be given on completion of the purchase ; from which time the purchaser shall be entitled to the rents and profits. But if, from any cause, the remainder of the purchase H.D.C.— 17 n M . :li V 1. ii m ! 258 DOMINION CONVEYANCER. money shall not be paid on the day of , 18 , the purchaser shall pay interest for the same at the rate of per cent, from that day to the day of pay- ment, but, nevertheless, this stipulation to be without prejudice to the vendor's right to insist on the performance of this last condition. 5. If any mistake be made in the description of the property, or there be any other error in the particulars of sale, the same shall not annul the sale, but a compensation or equivalent shall be given, or taken, as the case may require, according to the average of the whole purchase money (on such error or misstatement being proved) ; such compensation or equivalent to be settled by two referees or their umpire — one referee to be chosen by each party — within ten days after notice given of the error, and the umpire to be chosen by the referees immediately after their appointment. 6. The purchaser shall not be entitled to the production of any title deeds other than such as are in the vendor's hands, or in the hands of the several mortgagees. 7. I^astly, upon failure of complying with the above conditions, the deposit shall be forfeited, and the vendors shall 1)2 at full liberty (with or without notice) to re-sell the estiite by public auction or private sale; and if, on such re-sale, there should be any deficiency, the purchaser shall make good such deficiency to the vendors, and all expenses attending such re-sale ; the same to be recoverable as liquidated damages. FORM 269. Standing Conditions of Sale by the Court. (Form No. 43, Appendix to C. B.) 1. No person shall advance less than $10 at any bidding under $500, nor less than $20 at any bidding over $500, and no peraon shall retract his biddin**-. CONDITION'S OF SALES OF LAND. 259 2. The hiprhest bidder shall be the purchaser, and if any dispute arise as to the last, or highest bidder, the pi-operty shall be put up at a former bidding. 8. The parties to the action under the exception of the vendor (and naming any parties, trwtteea, agents, or others in a Jidticiary sitiiation) shall be at liberty to bid. 4. The purchaser shall at the time of sale pay down a deposit in the proportion of $10 for every $100 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 purchaser shall be entitled to the conveyance, and to be let into possession, the purchaser at the time of sale to sign an agreement for the completion of the purchase. 6. The purchaser shall have the conveyance prepared at his own expense, and tender the same for execution. 6. If the purchaser shall fail to comply with the condi- tions aforesaid, or any of them, the deposit, and all other payments 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 occasioned by the defaulter, are to be made good by the defaulter. Dated the day of I agree to purchase particulars for the sum of mentioned in the above conditions of sale A. D. 18 . mentioned in the annexed and upon the terma Dated the Witness : day of A. D. 18 , . > , * 'ii 260 DOMINION CONVEYANCER. SPECIAL CLAUSES IN CONDITIONS OF SALE. FORM 270. Reserve Price. There will be a reserve price, and the vendor reserves the right of bidding by himself or his agent up to such reserve price. FORM 271. Pv/rchaaer to Sign Agreement. The purchaser shall, immediately after the sale, jtay to the auctioneer (or to Mr. R ■ , the vendor's solicitor) a deposit of ten per cent, on the amount of the purchase money, and sign the subjoined agreement. FORM 272. Completion, Where a Cash Sale. The purchaser shall, on or before the day of pay the remainder of the purchase money, at the office of Mr. , the vendor's solicitor, (or of the said Mr. ,) No. street ; and the pur- chase shall be there and then completed, and if from any cause whatever the purchase shall not be completed on that day, the purchaser shall pay to the vendor interest at the rate of six per cent, per annum on the remainder of the purchase money from that day until the completion of the purchase. CONDITIONS OF SALES OF LAND. 261 FORM 378. Completion, Where a Portion is Left on Mortgage. The purchaser shall, on or before the day of 18 , pay the remainder of the purchase money over and above the sum of $ at the office of Mr. , the vendor's solicitor ; and shall give a mortgage for the said sum of % bearing interest at the rate of per cent per annum payable (half-yearly) as fol- lows : {insert terms of 'pa/yment). The above-mentioned mortgage to be drawn by the vendor's solicitor {add in the case of a company) who is to use the company's special form. s^ j FORM 374. Possession, etc. The possession or receipts of the rents and profits of the property shall be retained, and all rates, taxes and out- goings in respect thereof shall be paid and discharged by the vendor up to the said day of 18 , and as from that date the possession or receipt of rents and profits shall be taken, and the out-goings shall be paid and discharged by the purchaser, and, if necessary, such rents, profits, rates, taxes and out-goings shall, for the purposes of this condition, be apportioned as between the vendor and purchaser. I !' , ' ft » ♦'^ I FORM 375. Search of Title. The purchaser shall search the title at his own expense, and the vendor shall not be required to furnish any abstract or produce any deeds, declarations or other evidences of title except those in his possession. ! :|? &' ii'« f K * ,' h Nl ^f! gf a '■> Mil ii>^ 11 2G2 DOMINION CONVEYANCER. FOIIM 27«. Tiwic /tw Ohjdctlonfi. Tlie purchaser slmll make in writing his objections and requisitions (if any) in respect of the title, and send the same to Mr. {name of solicitor) within ten days from the day of sale ; and all objections and requisition which shall not be so made and sent within the time specified shall be deemed to have been waived, and for this purpose time shall be of the essence of the contract. FORM fi?'/. Power to Rescind. In case the purchaser shall make any objection or requisition (as to title or otherwise) which the vendor shall from any cause or on any grounds whatever, be unwilling or unable to answer or comply with, and shall not withdraw the same after being requii'ed so to do, the vendor may, by notice in writing (notwithstanding any attempt to answer or comply with such objection or requisition, or any previous or pending negotiation or litigation) at any time rescind the sale. In that cose, the purchaser shall be entitled only to a return of the deposit money without interest, costs or compensation, or other payment whatever, in full satisfaction of all claims and demands and he shall thei*eupon return all documents in his possession belonging to the vendor. FORM 278. Error in Description. The admeasurements and descriptions of the property, ta given in the particulars, are believed, and shall be assumed, by the purchaser to be correct ; but if any iniB> statement, error or omission sluUl be found in the CONDITIUNH OP 8ALE8 OF LAND. 203 particulars or conditions, the same shall not annul the sale, nor entitle the purchaser to be relieved from the purchase ; nor shall any compensation be allowed to either the vendor or purchaser in respect thereof. FORM 379. Conveyance. The deed of conveyance shall be prepared by the vendor's solicitor at the expense of the purchaser and shall contain only the statutory covenant against incumbrance. i r i FORM 280. On Default of Purchaser, Vendor May Resell. If the purchaser shall neglect or fail to comply with any of the above conditions his deposit money shall be forfeited to the vendor, who may, with or without notice, and without tendering a conveyance to the defaulter at the present sale, re-sell the property, either by public auction or private contract, at such time and place and subject to such conditions, and in such manner generally as the vendor shall think fit ; and if such re-sale shall be by auction, the property may be bought in, and the deficiency of price (if any) which shall happen at such re-sale, and the expenses of and incident to the present sale, or such re-sale, or any unsuccessful attempt to sell, shall forthwith respectively be made good by the defaulter, and be recoverable by the vendor as liquidated damages. t I :1I IP, n ■• M i ; > 264 DOMINION CONVEYANCER. DECLARATIONS OF TRUST, FORM 261. Of Undivided Share of Purcfinsed Land. Indentltue, made the day of between , of , party of tlio first part, and , of , party of tlie hccoiuI part. Whereas by deed (hited the day of and rej^istenvl in tlie rej^istry office of the eounty of in Liber jus No, , , of , conveyed to the said party of the tirat part a certain parcel or tract of hind situate in the uf described as foHows : And wherras tlie whole consideration or snni paid by the said party of the Hi*st part for the purchase of the saihalf of the said party of tlie 8ect)nd jjart, as the said party of the firat part di>th ailmit and declai*e : Now this indi'nttnv witness- eth that in consideration of the premises it is heivby ajfreed and declared by and between the sai., for and in consideration of therein nientioni-d, to 1x5 paid to him by me, the said A. B., has ^^Dintod, and did grant, ett\, all that, etc., to hold the same t ) me, the sjiid A. B, my, etc., for, etc., which said premises were hei'ctofore the estate of or in the possessicjii of of : Now, know ye, that I, the said A. B., «lo hereby acknowledge, testify, and declare, that the sum of al)ove mentioned to l)e paid to the said C. I). by me the .said A. B, jus aforesair the convenience, use, benefit and advantage of him, the said , and his legal rejaesenbitives ; and, on demand from him or them, I will, and my legal representative shall. w* PE(TLAHATl<)N.S OF TIIUST. 207 ^iRHi'^n the Haino to him or them, and account to and pay over to him or them nU (iividundH and proAts that siiall by me or them have been received thereon. In witness whereof, etc., this Signed, sealed, etc. day of .18 FORM 288. By Truatees who have taken a Mortgage for Several Lenders. Memorandum made this day of 18 , between and , of , hereinafter called the trustees of the first part; , of , of the second part ; , of , of the third part ; and , of , of the fourth part. Whereas by an indenture bearing even date with these presents, , of (7no7'fgagor), in consideration of the sum of dollars paid by the said trustees out of money expres-sed to belong to them on joint account, the said mortgagor conveyed certain land situate at , in the county of , therein particularly described, to said trustees, to secure the payment to them of the sum of dollars, with interest thereon in the meantime at the rate of per cent, per annum : And whereas the said sum of dollars in the said indenture expressed to have been advanced by the said trustees was in fact contributed by the several persons, pai-ties hereto of the second, third and fourth parts, and in the proportions or sums following, that is to say : the sum of dollars by the said party of the second part ; the sum of dollars by the said party of the third part ; and the sum of dollars by the said party of the fourth part : And whereas the said trustees have, at the request of the several persons by whom the said sum of dollars if : 'K |i If ii :i vM SU-r 208 DOMINION CONVEYANrER. I "a waH loaned an aforosjiid, ajjfreed to inakt> and execute such declaration of trust as huieinafter contained : Now these presents witness that in jnu-suance of tlie saie to timrti(m to the several sums so contnbute«l and advanced by them, respectively jus aforesaid : Provided always, and it is hereby further declared, that the power of salt^ and ot!u»r powers vested by statute in mortgagises, except powei-s of leasing and agreeing to lease or let, shall be forthwith t'xei"cisable and put in force ufton the re(|uest in writing of any of the several pei"sons by whom the said principal suni of dollars was contributed as afore- said, or of any other person or jXM"sons for the time Iw-ing entitled to the whole, or a part, or share of any of the several sums so contributed Jis aforesaid. In witness, etc. FORM 28«. Of Funds Added to TruM FuruU CompriHed in a Hettlement. Indenture made this day of IH , between , of , the i)arty of the fii"st party DECLARATIONS OF TIIUST. 2Q9 1 r;;f I i •■ iti; and anwK'dn;t'd) he, the said grantor, AS BENEFICIAL OWNER, doth convey unto the said j^rantee in fee simple (or otfienmne as the case vvay be) all, etc., (description of parcels). In witness whereof, the said parties hereto have here- unto set their hands and seals. In presence of »;.. m FORM 288. Transfer of Frtrhuld or Leasehold Land. Land Titles Act. I, A. B, the ivjrister«'d owner of the land (or leasehold) registered in the otficr of Land Titles at , as parcel C, Township of York, {iin the case iiitiy he), in considerution of 8 paid to me, transfer such land to C. D.,of, etc. DaUnl the day of 18 . Witness : (Signature of registered owner). X. Y. (No seal necessary). DEEDS. FORM 289. 271 Transfer of Freehold or Leasehold Land in Parcels. Land Titles Act. I, A. B., the registered owner of the freehold (or lease- hold) land entered in the office of Land Titles at JUS parcel in the register for , and registered with an Absolute title [or with a Qualified title, or with a Possessory title, or, in the case of a leasehold, with a declaration that the lessor had an Absolute or Qualified title to grant the lease, or without the declaration of the title of the lessor, as the case tiuiy be] in consideration of !* paid to me, transfer to C. D., of, etc., the part of the said lands described as follows : And I,G. B., wife of the said A. B., hereby bar my dower in the stiid land. Witness : (Siij nature). X. Y. (No Heal necetfuary). •■m m FORM 290. Form of TranH.'er by Endorsement. T, the within named A. B., in consideration of % paid to me by C. 1)., of, etc., transfer to C. D., of, etc., the within mentioned land. Witness : (Signature). X. Y. (No seal necessary). , i ■( FORM 291. Deed with Dower. This Indenture, maile (in duplicate) the day of A. I). 18 , in pui-suance of the Act respecting Short Forms of Conveyances : Between of the first part ; wife of the said part of the first part of the second part ; and of the third part 272 DOMINION CONVEYANCER. 1- •■ WITNESSETH, that in consideration of of lawful money of Canada, now paid by the said part of the third part, to the said part of the first part, (the receipt whereof is hereby by acknowledged), tlie said part of the first part do grant unto the said part of the third part heirs and assigns, for ever All and singular th certain parcel or tract of land and premises, situate, lying and being To HAVE AND TO HOLD unto the Said part of the third part heirs and assigns, to and for their sole and only use for ever: subject, nevertheless, to the reservations, limitations, provisoes and conditions, expressed in the original grant thereof from the Crown. The said part of the first part covenant with the said part of the third part, that ha the right to convey the said lands to the said part of the third part notwithstanding any act of the said part of the first part. And that the said part of the third part shall have quiet possession of the said lands, free from all incum- brances. And the said part of the first part, covenant with the said part of the third part, that will execute such further assurances of the said lands as may be requisite. And the said part of the first part covenant with the said part of the third part that ha done no act to encumber the said lands. And the said part of the first part release to the said part of the third part all claims upon the said lands. And the said part of the second part, wi of the said part of the first part, hereby bar dower in the said lands. In witness whereof, etc. Signed, sealed, etc. DEEDS. 273 FORM 29-2. Another Form. This Indenture, made (in duplicate) the day of A. D. 18 , in pursuance of the Act respecting Short Forms of Conveyances : Between . WITNESSETH, that in consideration of of lawful money of Canada, now paid by the said part of the part, to the said part of the first part, (the receipt whereof is hereby by acknowledged), the said part of the first part do grant unto the said part of the part, heirs and assigns, for ever : All and singular th certain parcel or tract of land and premises, situate, lying and being To HAVE AND TO HOLD unto the said part, of the part, heirs and assigns, to and for their sole and only use for ever : subject nevertheless to the reserva- tions, limitations, provisoes and conditions expressed in the original grant thereof from the Crown. The said part of the first part covenant with the said part of the part, that ha the right to convey the said lands to the said part of the part notwithstanding any act of the said part of the first part. And that the said part of the part shall have quiet possession of the said lands, free from all incum- brances. And the said part of the first part covenant with the said part of the part, that will execute such further assurances of the said lands as may be requisite. And the said part of the first part covenant with the said part of the part, that ha done no act to encumber the said lands. H.D.C — 18 ! ;*. ■ M i ', ; "I ■\\{ -rt ■ii', m > m^ i; 274 DOMINION CONVEYANCER. Anil the HaiJ part Haid part of the landH. of the Hrat part release to the part all claims upon the said In witness whereof, etc. Signed, sealed, etc. SPECIAL CLAUSES IN DIEDa RESERVATIONS. FORM 398. Of Right of Way. Excepting and reserving unto the said grantor, his heirs and assigns full and free right and liberty at all times hereafter, in common with all other persons who may hereafter have the like right to use said passageway at all times and for all purposes connected with the use anpting and reserving unto the said grantor, his heii>i and assigns, the sole ajid exclusive right and liberty at all tinu'H hereafter of using the water from the well on the granted premises for domestic purposes only ; with lilK'rty from time to time with workmen to enter upon the said lands and to i*epair, cleanse and mainttiin tlie said well and the pipes leading therefrom to the grantor's house, making to the gi'antee full compensation for all damage done to the surface of said lands. W-\ n DEEDS. 276 FORM aos. Of Right to Lay Sewers and Pipes. Excepting and reserving to the grantor, his heirs and iuwigns the right at any time to lay down and construoi sewers, drains and water-pipes in and upon said premises* and to keep and maintain the same for the convenience of the grantor's other land and buildings adjoining the granted premises. ■m ^m FORM 398. With Right in Passageway in common with Others. Together with the right to use the said passageway in common with the said grantor, his heirs and assigns, and the owners and occupiers for the time being of all other houses adjoining said passageway. %, i ,:'■ FORM 297. With Right of Way subject to Liability to Repair. Together with full liberty at all times hereafter, and for all purposes, with or without horses, carts, carriages or waggons, to pass and re-pass, and to drive cattle, sheep and other animals over and upon the said road delineated on said plan, the said purchaser, his heira, executors, adminis- trutora and assigns from time to time paying their due pro;)oi'tion with other ownera wliose land abuts upon said road, uccoiding to the extent of his or their frontage, of the ex[)ense of maintaining the hhvI road, and of the fences adjoining the same in proper repair, until the same shall be accepted and laid out by the town (or other local authority) ,1 ■ i ■ I ' '1 -ts- .j ; I -A ^aj % v-> IMAGE EVALUATION TEST TARGET (MT-3) 1.0 I.I ^m m ';; liM 1 2.2 ",' |3.6 li^^ .'ir 1^ 1 2.0 1.8 1.25 1.4 1.6 ■• 6" >. Hiotogrdphic Sciences Corporation 23 WEST MAIN STREET WEBSTER, N.Y. 14580 (716) 872-4503 L

f» r, > 1 I »5 ""f it: .i A ^ ■ ! ' r -1 ■ I 1 I I hi- i! U 282 DOMINION CONVEYANCER. FORM 318. Subject to Lease. Which said premises are sold subject to a lease thereof made by to , bearing date the day of , 18 , for the term of years, at thfl yearly rent of dollars. FORM 319. Subject to Life Estate. Which said nremises are conveyed subject to an estate for life devised to , of , by the will of, lato of , which said will was proved and allowed by the probate court in and for the county of , on the day of , 18 . FORM 320. Subject to Contribution for Maintaining Roads. Subject to the obligation of contributing and paying a due proportion of the expense of making, maintaining and repairing said roads, ways, sewers and drains until the same ;shall be accepted by and taken into the charge of the said town, such proportion to be according to the extent of frontage on said roads and ways, or, in case of dispute, to be determined by the surveyor for the time being of the said grantor, his heirs and assigns. FORM 321. Deed of Bargain and Sale. This Indenture, made in duplicate the day of A.D. 18 , Between WITNESSETH, that the said part of the first part, in consideration of the sum of dollars of lawful money of Canada, to paid by the said part of the DEEDS. 283 |)art (the receipt whex'eof is hereby acknowledjjed), do by these presents, grant, bargain, sell, convey and contirni unto the said part of the part, heirs and assigns, all and singular th certain parcel or tract of land and premises situate, lying and being in the Together with all and singular the rights, members, casements, privileges and appurtenances thereto belonging or appertaining ; and all reversions, remainders, rents, issues and profits thereof : and all the estate, right, title, interesti both at law and in equity, of the said part of the first part of, in, to, or out of the said lands, hereditaments And premises, and every part thereof: to have and to hold the hereditaments and premises, and all and singular the premises hereby conveyed unto the said part of the part heirs and assigns, to the sole and only use of the said part heirs and assigns forever. Subject, nevertheless, to the reservations, limitations, provisoes and conditions expressed in the original grant thereof from the Crown : And the said part of the first part do hereby for heirs, executors and administrators, covenant, promise and agree, to and with the said part of the part, heirs and assigns, in manner following, that is to say : that the said part of the first part, at the time of the ensealing and delivery hereof stand solely, rightfully and lawfully seized of a good, sure, perfect, abso- lute, and indefeasible estate of inheritance, in fee simple, of and in the hereditaments and premises hereinbefore described, with their and every of their appurtenances, and of and in every part and parcel thereof, without any man- ner of reservations, limitations, provisoes, or conditions (other than as aforesaid), or any other matter or thing, to alter, charge, change, encumber or defeat the same ; and also, that , the said part of the first part, now ha good right, full power, and lawful and absolute authority, to grant and convey the said hereditaments and premises i 1 ' (.1 '' . M / h ■ li '.i> 3^^ i Hf r. a-: a i ' I 4 ] M WW m I Hi: n t \% ,U^! II If 284 D;)MIXION CONVEYANCER. and every part and parcel thereof with the appurtenances, unto the said part of the part, heirs and assigns, in manner and form aforesaid And also, that the said part of the first part hath not, at any time heretofore, done, executed, committed, or suffered any act, deed, matter, or charge whereby these liereditaments and premises hereby conveyed have been or may be in anywise impeached, charged or encumbered. And also, that it sliall and may be lawful to and for the said part of the part, heirs and assigns, peaceably and quietly to enter into, occupy, possess, and enjoy the aforesaid hereditaments and premises, with the appurtenances, without the let, interruption, or denial of the said part of the first part heira or assigns, or any other person or persons whomsoever, and free and clear, exonerated, and discharged of and from all arrears of taxes, and assessments whatsoever, due or payable upon or in respect of the said hereditaments and premises, or any part thereof, and of and from all former convey- ances, moi'tgagcs, rights, annuities, debts, judgments, execu- tions, and recognizances, and of and from all manner of other charges and encumbrances whatsoever ; and, lastly, that the said part of the first part, heirs and assigns, and all and every other person or persons whomsoever, having or lawfully claiming, or who shall or may have or lawfully claim any estate, right, title, interest or trust, of, in, to, or out of the lands, hereditaments, and premises, hereby conveyed, with their appurtenances, or any part thereof, by, from, or under, or in trust for the said part of the first part heirs or assigns, shall and will from time to time, and at all times hereafter, at the proper costs and charges in the law of the said part of the part, heirs and assigns, make, do, suffer, and execute, or cause or procure to be made, done, suffered, and executed, all and every such fur- DEEDS. 2H5 ther rejisonable acts, deeds, conveyances, and assurances in the law, for the further and the more perfectly and abso- lutely conveying and assuring of the said hereditaments and premises, with the appurtenances, unto the said part of part heirs, or assigns, as by the said part of the part heirs or assigns or their counsel learned in the law, shall be lawfully and reasonably devised, advised, or required. And this indentuue further witnesseth, that the said wife of the said for and in considera- tion of the sum of one dollar of lawful money of Canada, to her in hand paid by the said at or before the sealing and delivery of these presents, the receipt whereof is hereby acknowledged, hath granted, remised, and released, and by these presents doth grant, remise, and release unto the said his heirs and assigns, all her dower, and right and title to dower which she now hath, or 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 pre- mises hereby conveyed or intended so to be. In witness, etc. Signed, sealed, etc. H 1 ; '» FORM 823. Deed by Executoi: This Indenture, made in duplicate the day of A. D. 18 , Between the execut of the last will and testament of late of deceased, of the first part, and of the second part ; Whereas, the said was at the time of decease seized in fee simple, or otherwise well entitled to the real estate and premises hereinafter specified and described ; and before t^ecease did duly make and publish in writing last will and testament, bearing ! ,1 is >< ! I f » -i i' :P. '. : 2SG DOMINION CONVEYANcrn. (late tho (lay of in the year ol* oiir I^ord, onu thousand ei^lit huixlrod und then^hy utithor- iNing and einp(»weriiig said oxi'cnt tuuxuciite and ^ivo doedH of couvoyanco for Iuh real cHtato. And wmkheas the said departed thJH life on the day of in tho year of our Lord, one thou- sand eight hundred and without revoking or otherwise altering or cancelling the said will. Now THIS Indenture Witnesskth, that in pursuanco of the powera vested in tho saiil part of tho Hi*st part, by virtue of tho said will and in consideration of tho sum of of lawful money of Canada to in hand paid by the said part of the second part, tho receipt whereof is hereby acknowledged, the said ])art of the first part in tiduciary character aforesaid do grant, bargain, sell, assign, convey and confirm unto the said part of the second part, and to heirs and assigns for over All and Sin<3ULAR, th certain parcel or tract of land and pi'oniises, situate, lying and being TooETHEii with all the estjito, right, title and interest of the said part of the first part, in character aforesaid therein. To HAVE AND TO HOLD the same unto the said part of the second part heii-s and assigns for ever. And the said part of the firat part for do hereby covenant, promise and agree to and with the said part of the second part heirs and assigns, that the said part of the firat part ha not at any time heretofore made, done, committed or exe- cuted, or wittingly or willingly suffered any act, deed, matter or thing whatsoever, whereby or by means whereof, the said parcel or tract of land and premises herein- before mentioned or described, or any part or parcel thereof are, is, or shall or may be in any wise impeached,^ DERDN. 2S7 char^oW, iifrocted or incuinlHUo*!, in title, charge, cHtatw, or otlinrwi.si! hovvHoevcr. Ami that will, in fiduciary character aforeHaid. execute Huch further U8Hur- anceH of the Haid landN aH may bw reiiuiHito. In witnesH, etc. Signed, sealed, etc. ;!■ FORM 829. Deed under Power of Sale. This Indentuhk, niatle (in duplicate) the day of 18 , in pursuance uf the Act respecting Short Forms of Conveyances. Be rwKKN hereinafter called " the grantor," of the Hi-st pint, hereinafter called " the grantee," of the second part. WiiKUEAH l\ a mortgage hearing date the day of 18 , and duly registered in the registry office of the as number , mortgaged the lands hereinafter particularly described unto (herein called the grantor) for securing payment of the sum of and interest as therein mentioned, which mort- gage was expressed to be in pursuance of the Short Forms Act, and contained a proviso that in case the said should make default in payment of i)rincipal or interest for month the said grantor giving notice to the said might enter on and lease or sell the said lands. And whereas it is further provided in and by the said mortgage that on any default in the payment of interest, the whole of the principal should at once become due and payable. And whereas default has been made in payment of the said sum of !l 288 DOMINION CONVEYANCER. And notice of intention to sell the said lands and premises has been duly given to the said And whereas the said lands have been advertised for sale, pursuant to the said power contained in said mort- gage, by public auction, at by advertisement thereof inserted in the newspaper and by posters, etc., for the space of And whereas the said lands being put up and offered for sale at public auction, pursuant to such advertisement thereof as aforesaid, the said grantee was the highest bid- der, and became the purchaser of said lands, at, and for the sum or price of Now this indenture witnesseth that in pursuance of the premises, and in consideration of the said sum of of lawful money of Canada, now paid by the said grantee to the said grantor (the receipt whereof is hereby by acknowledged). The said grantor by virtue and in exer- cise of the aforesaid power of sale and of all other powers thereunto enabling, do grant unto the said grantee heirs and assigns for ever : All and singular, th certain parcel or tract of land and premises, situate, lying and being To hold unto the said grantee heirs and assigns to and for their sole and only use for ever. The said grantor covenants with the said grantee that the said mortgage security is now in full force unprejudiced and unreleased in whole or in part, and that default has so happened as aforesaid in the payment of the money due thereby. And the said grantor covenants with the said grantee that he has done no act to incumber the said mort- gaged premises, or the said lands. And the said grantor releases to the said grantee all claims upon the said lands. In witness, etc. Signed, sealed, eta ! ji I ■US SEEDS. FORM 324. 289 Deed by Building Society under Power of Sale. This Indenture, made the day of ' A.D., 18 , in pursuance of ihe Act respecting Short Forms of Conveyances, Between the Loan and Savings Society, of the city of in the county of of the first part, and of in the county of of the second part. Whereas, by indenture of mortgage dated the day of A.D., 18 , and made between of in the county of of the first part his wife of the second part, and the said Society of the third part, the said for and in consideration of the sum of advanced and paid to him by the said Societ}', did convey and assure unto the said Society the land and premises hereinafter described and st;t out. To hold the same wit!i the appurtenances unto the said Society their successors and assigns, to the use of the said So- ciety, their successors and assigns for ever, and in which said indenture of mortgage is contained an express condi- tion that if the said should well and truly pay to the said Society, their successors or assigns the said sum of money, interest and charges in equal instalments of on the first day of each month during the term of months until the said sum of money, interest, and charges should be fully paid, and also during the whole time afore- said pay to the said Society, their successors and assigns all other monthly payments and contributions for upon or in respect of the shares therein mentioned, and also all fines and other charges whatsoever imposed or thereafter to be imposed by the said Society and their successor upon tlie said his heirs, executors, administrators, and assii^ns as a member or members of the said Society, or upon the shares therein mentioned, or for, upon, or in respect of any default, or neglect, or breach of any of the .iiles and Hi: 'I. • !>! ! t ri.D.c- -1!) i i P ; ?l*w' 290 DOMINION CONVEYANCER. regulations or by-laws of tlie said Society by the said his heir.s, executors, administrators and assigns, without any deduction or abatement whatsosever, and also all taxes, assessments, premiums of insurance, interest thereon, and other charges for, upon or in i-espect of the said premises and every part thereof, then the said presents and every- thing therein contained should be void. And whereas, it was in and by the said indenture of mortgage agreed that if default should happen to be made for the space of six months in payment of the said monthly subscriptions, fines, and forfeitures, or of any of them, or of any par*, thereof at the days and times at which the same were thereinbefore covenanted to be paid contrary to the true intent and mean- ing of the said proviso, it should and might be lawful for the said Society, their successors or assigns without any previous demand of possession, peaceably and (juietly to enter in and take possession of the lands and premises thereinbefore described with their appurtenances or of any part thereof, and to collect, have, receive, and take the rents, issues, and profits thereof, and without any notice to the said his heirs or assigns, and at the discretion of the said Society to sell and absolutely dispose of the said lands and premises or any part thereof, either altogether or in parcels or lots, and either by public sale or private con- tract, or partly by each of these means, and on such terms as should seem to the said Society, its successors or assigns, most advantageous for the interests of the said Society, and foi' such price or prices as could be reasonably obtained for the same. And whereas, the said hath made default in payment for six months, and more of the said instalments of , as are in and by the said hereinbefore in part recited Indenture of Mortgage covenanted to be paid as aforesaid. And whereas, the said Society, under and by virtue of the said hereinbefore recited Power of Sale, did on the day of A.D. 18 , sell by public auction DEEDS. 201 at the of the lands and premisos herein- after described to the said at and for the price or sum of , he being declared the highest bidder therefor. Now THIS INDENTURE WITNESSETH, that in Considera- tion of the premises and of the sum of of lawful money of Canada, now paid by the said party of the second part to the said Society (the receipt whereof is hereby, by the said Society acknowledged), they, the said Society, do grant unto the said party of the second part, his heirs and assigns forever, all th certain parcel of land and premises situate in the 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 for ever The said Society covenant with the said party of the second part, that they have the right to convey the said lands to the said party of the second part notwith- standing any act of the said Society. And that there has-been default made for six months and more, in payment of the instalments mentioned in the said hereinbefore in part recited Indenture of Mortgage. And that they, the said Society, will execute all such further assurances of the said lands as may be requisite at the costs and charges of the said party of the t econd part. And that they, the said Society, have done no act to/ incumber the said lands. In witness, etc. Signed, sealed, etc. FORM 325. Tax Deed. To ALL TO WHOM THESE PllESEX TS SHALL COME : We, , of the of warden {or, mayor), and , of the esquire, of ^ r IH' u n :m . , : '■ '' i i ' ! . t . 1 1 M. 1 1 ^!' ■ 1 1 u HI \ V H /i H 1 ' i HH i Wj i 1 1 u I' ^ I 1 ^*K \v !■ I 292 DOMINION CONVEYANCER. - , esquire, treasurer of the county (or cit;', or town) of , Send Gireeting : Whereas, by virtue of a warrant under the hand of the warden (or mayor) and seal of the said county (or city, or town), bearing date the day of in the year of our Lord one thousand eight hundred and , commanding the treasurer of the said county (or city, or town) to levy upon the land hereinafter mentioned, for the arroara of taxes due thereon, with his costs, the treasurer of the said county (or city, or town) did, on the day of 18 , sell by public auction to , of the of , in the county of , that certain parcel or tract of land and premises hereinafter mentioned, at and for the price or sum of $ of lawful money of Canada, on account of the arrears of taxes alleged to be due thereon up to the day of , in the year of our Lord one thousand eight hundred and , together with costs. Now know ye, that we, the said and , as warden (or mayor) and treasurer of the said county (or ■city, or town) in pursuance of such sale, and of the Assess- ment Act, and for the consideration aforesaid, do hereby grant, bargain and sell unto the said , his heirs and assigns, all that certain parcel or tract of land and premises containing , being composed of (describe the land so that the same may he readily identified). In witness whereof, we, the said warden (or mayor) and treasurer of the said county (or city, or town), have here- unto set our hands and affixed the seal of the said county (or city or town), this day of in the year of our Lord one thousand eight hundred and ; and the clerk of the county (or city, or town) council has countersigned. Countersigned : E. R, Clerk. 53 V. c. 48.] A. B., Warden (or Mayor). C. D., Treasurer. [Corporate Seal.] DEEDS. FORM 326. 293 Covenant Concerning Light* This Indenture, made the day of A.D., 18 , Between A. B., of the one part, and C. D., of the other part. Whereas the said C. D. is seized in fee of a house, messuage and garden, No. 1, street, in and the said A. B., is possessed of an adjoining house, messuage and garden, No. 2, street, aforesaid, for an unexpired term of about years ; and whereas the said C D., has recently opened three windows in a portion of No. 1, over- looking and deriving their Hght over a portion of the garden and yard of No. 2 ; and whereas the said A. B. does not desire that the said C. D., his heirs or assigns, should acquire an indefeasible right to derive light for the said windows over any part of No. 2, during the residue of the said term, but does not desire to obstruct such light for in order to prevent such right accruing ; and whereas the said 0. D. only desires that he, hia heirs and assigns, shall enjoy the said light till an interruption thereof should arise from new buildings, or other permanent improve- ments. Now, this Indenture witnesseth as follows : 1. The said A. B., for himself, his heirs, executors, ad- ministrators and assigns, covenants with the said C. D. his heirs and assigns, that the said A. B., his executora, administrators and assigns, will not obstruct the liffht to the said windows, save by new buildings or other perma- nent improvements. 2. And the said C. D., for himself, his heirs and assicrpa, covenants with the said A. B., his executors, administrators » R. S. O. 1887, 0. Ill, B. 36, " No person shall acquire a right by pre- scription to the access and usr of light to or for any dwelling house, work- shop or other building ; but this section shall not apply to any such right which has been acquired by twenty years* use before the 6th dav of March. 1880." ' ::{f,:m ;:|f i .,' '\ ' 1 • ' K ii 3»^ DOMINION CONVEYANCER. and assigns, that the said C. D., his executors, administra- tors or assigns, may, at any time hereafter, by buildings or other permanent improvements, obstruct the light to the said windows, without let or hindrance on the part of the said A. B., his heirs and assigns. In witness whereof, etc. Signed, sealed, etc. W\ W-. If '^ V4 1 'i t m POUM 327. Deed of a Watercourse. This Indenture, made, (here insert the date, parties, ■etc.). Whereas the said and at the time of the sealing and delivery of these presents, are respectively seized in fee, of and in two contiguous tracts, pieces, or parcels of land, with the appurtenances, in the township of aforesaid : And whereas there is a dam and race or watercourse built, erected and made, in and upon a certain run or stream of w^ater (called ) within the land of the said for watering, overflowing and improving meadow ground thei-eon. Now this Indenture witnesseth that the said , for divers good causes and considerations, and more especially for and in consid- eration of the sum of one dollar, to him in hand paid by the said at or before the sealing and delivery hereof, the receipt whereof he doth hereby acknowledge, hath granted, bargained, sold, released and confirmed, and by these presents doth grant, bargain, sell, release and con- firm unto the said , and to his heirs and assigns, all the water of the said run or stream of water, to be led and conveyed from the said dam along the race or water- course aforesaid into the said land of the said for the space of four days in every week, to wit : from Tues- day evening at sunset, to Saturday evening at sunset, from tSie first day of April to the first day of October, yearly DEEDS. 295 and every year, for the watering, overflowing and improv- ing of meadow ground on the land of the !^aid together with fi-ee ingress, egress and regress to and for the said his heirs and assigns, and his and their workmen, with horses, carts and carriages, at all convenient times and seAdons, through the land of the said , his heirs and assigns, in and along the banks of the said dam and race or watercourse, for the amending, cleansing and repair- ing the same, with liberty and privilege, for that purpose, to dig and take stones and earth from the adjacent land of the said when and as often as need be or occasion require : To have and to hold all and singular the premises and privileges hereby granted, or mentioned, or intended 80 to be, with the appurtenances, unto the said to the only proper use and behoof of the said , his heirs and assigns for ever, he or they paying one moiety or half part of the expenses which from time to time may accrue, in supportftag, cleansing and repairing the dam and water- course aforesaid. In witness, etc. Signed, sealed, etc. f i'' M ) FORM 828. Deed of Right of Way. This Indenture, made this day of A.D. 18 Between of of the one part, and of aforesaid, of the other part ; WITNESSETH, that the said for and in consideration of the sum of Jartful money of Canada, unto him well and truly paid by Ae said at and before the ensealing and delivery hereof, the receipt whereof is hereby acknowledged, hath ^,n5.nted, bargained and sold, and by these presents doth grant, bargain and sell unto the said his heirs and 1 ■1 I w 296 DOMINION CONVEYANCER. PI n Al ) assigns, the free and uninterrupted use, liberty and privi- lege of, and passage in and along a certain alley or passage of feet in breadth by feet in depth, ex- tending out and from (describing the direction of the way); together with free ingress, egress and regress to and for the said his heirs and assigns, and his and their tenani<), under-tenants (if for a carriage-way, here add, " with carts, vehicles, carriages, horses or cattle, as by him or them shall be necessary and convenient "), at all times and seasons forever thereafter, into, along, upon and out of the said alley or passage-way, in common with him the said his heirs and assigns, and his and their tenants or under-tenants : To have and to hold all and singular the privileges aforesaid to him the said his heira and assigns, to his and their only proper use and behoof, in common with him, the said his heirs and assigns, as af jresaid. (Here add, if desired, " subject, nevertheless, to the moiety or equ&l half part of all necessary charges and expenses, which shall from time to time accrue, in paving, amending, repairing and cleansing the said alley or passage-way.") In Witness, etc. Signed, sealed, etc. FORM 829. Deed of Exchange. This Indenture, made the day of A.D. 18 , Between of of the one part, and of of the other part, WITNESSETH, that the said hath given and granted, and by these presents doth give and grant, unto the said one field or close of freehold land, called or known by the name of etc. with all and every of their appurtenances situate, lying, and being in in the county of for and in exchange of and for all the lands. DEEDS. 297 tenements, and hereditaments of the said called or known by the name of in aforesaid, in the said county of to have and to hold the said field or close to the said heirs and assigns for ever, for, and in exchange of, and for the said lands, tenements, and hereditaments, called in aforesaid with the appurtenances. And the said doth convenant, etc.: (against incumbrances). And the said hath likewise, on his part, given and granted, and by these presents doth fully, freely, and absolutely give and grant, unto the said his heirs and assigns, all those lands, teiionients, and hereditaments, aforesaid with, the appurtenances, called or known by the name of situate, lying, and being in aforesaid, in the said county of to have and to hold the said lands, tenements, and hereditaments, etc., to the said his heirs and assigns, forever, for and in exchange of and for the said field or close of land, etc. And the said doth covenant, etc. (against incumbrances.) Provided always, nevertheless, and these presents are upon this con- dition, and it is the true intent and meaning of the parties hereunto, that if it shall happen that either of the said parties to these presents, their executors, administrator, or assigns, shall at any time hei-eafter during the said respec- tive terms above granted, by colour or means of any former or other gift, grant, bargain, or sale, or otherwise howsoever, be ousted or evicted of and from the possession of either of the said messuages or tenements, and other the premises, so respectively granted in exchange, as aforesaid, or any part thereof, then and in such cases, these presents, and every matter and thing therein contained, shall be utterly void and of none effect, and then and thenceforth it shall and may be lawful to and for the party or parties so ousted or evicted, into his or their said former messuage or tene- ment and premises, with all and singular the appui-tenances to re-enter, and the same to have again, repossess, and enjoy. 1 i' •' i ;H' *4i DOMINION CONVEYANCER. as of his and their former estate or estafcest anytliinjif lieroin contained to the contrary thereof in any wise notwith- standing. In witness, etc. Signed, sealed, etc. 'HI FORM 830. {Another form.) This Indenture, made the day of A.D. 18 , Between A. B., of yeoman, of the one part, and E. F., of yeoman, of the other part, WITNESSETH that the said A. B., hath given, granted and confirmed, and by these presents doth give, grant and con- firm unto the said E. F., all that parcel and tract of land, etc. (describing the premises.) To HAVE and to hold the said parcel or tract of land and premises, with their appurtenances, to the said E. F., and his heirs forever, in exchange for certain lands of the said E. F., hereinafter granted to the said A. B. And the said E. F, hath given, granted, and confirmed, and by these pi'esents doth give, grant and confirm unto the said A. B., all that parcel or tract of land, etc. (describing the premisen). To have and to hold the said last mentioned premises with their appurtenances, to the said A. B., and his heirs for ever, in exchange for the lands and premises herein- befoi'e granted by the said A. B. to the said E. F. and his heirs. In witness, etc. ' Signed, sealed, etc. DEEHH. FORM 381. 299 Deed of Partition, This Indenture, made the day of A.D. 18 , Between, A. B., of spinster, one of the two daughters and coheiresses of G. B., of , deceased, of the firat part, the E. B., of , spinster, the other of the two daughters and coheiresses of the said G. B., of the second part, and C. D., of , of the third part ; Whereas, the said A. B., and E. B. are desirous of making an equal partition of the lands and hereditai lents which descended to them upon the decease of their said late father, G. B., deceased, as his coheiresses at law, and they have accordingly agreed to divide the same, in the manner hereinafter mentioned: Now this Indenture wit- nesseth, that in consideration of the premises, and for making a perfect partition of all the said hei'cditaments and premises, and in consideration of the sum of one dollar a piece to them, the said A. B. and E. B. in hand paid, by the said C. D. at or before the sealing and delivery of these presents (the receipt whereof is hereby acknowledged) they the said A. B. and E. B. have, and each of them hath granted, bargained, sold, released and confirmed, and by these pres- ents do, and each of them doth grant, bargain, sell, release, and confirm unto the said C. D., his heirs and assigns, all that, etc. {here insert the whole of the premiseH) and all ways, waters, water-courses, trees, woods, under-woods, commodities, advantage, hereditaments and appurtenances whatsoever, to the said several parcels or tracts of land, hereditaments and premises, or any of them, belonging, or in any wise appertaining.; and the reversion and reversions, remainder and remaindei-s, rents, issues and profits thereof, and of every part thereof ; and also all the estate, right, title, interest, trust, property claim and demand whatsoever, both at law and in equity, of them the said A. B. and E. B.> of, in, to, or out of the said several parcels or tracts of land. :'< r. I. h Wi i!i St'' * I > 1 v;i !^; 300 DOMINION CONVEYANCER. hcrcditameiitH an«l proiniHes, or any of thein, or any part, or parcel thereof. To HAVE AND TO HOLD the said several parcels, or tracts of land, hereditaments and preinises, with their and every of their appurtenances, unto the said 0. D., his heirs, and assigns for ever, to and for the uses hereinafter mentioned and declared, of and concerninjf the same respectively that is to say, as to the said parcel or tract of land, be- ing lot No. in the concession of the said township of and hereinbefore more particularly described, with the appurtenances, to the use and behoof of the said A. B., her heirs and assigns forever; and as to the said parcel or tract of land, being lot No. - in the con- cession of the said township of and hereinbefore more particularly described, with the appurtenances, to the use and behoof of the said E. B., her heira and assigns for ever ; and the said A. B., for herself, her heirs, execu- tors and administrators, doth hereby covenant with the said E. B., her heira and assigns, that she, the said A. B., hath not at any time heretofore done any act whereby the said parcel or tract of land, hereditaments and premises, so limited to the use of her, the said E. B., her heirs and assigns, as aforesaid, is, are, shall, or may be impeached or incumbered in title, charge, estate or otherwise, howsoever , {Add a mmilar covenant for E. B. with A. B.) In witness, etc. Signed, sealed, etc. FORM 332. (Another Form.) This Indenture made, etc., (here insert the pai ties.) Whereas the said A. B. and C. D. now stand seized In fee simple, as tenants in common, of, and in a certain Hi DEEDS. 301 tract or parcel of land, Hituate in townHhip afore- Haiil, adjoining landH of containing onu hundred HcrcH, with the appurtenances: Now this indenture wit- neHHeH, that the parties to these presents have agreed to make, and by these presents do make, a full, just, and equal partition and division between them, of and in the aforesaid tract of land, according to their respective shares and interests therein, ir manner following ; that is to say, that the said A. B. and his heirs shall have all that piece or allotment of land, part of the said tract, beginning containing, together with the messuagcH, edifices, buildings, and improvements, on the said described i)iece of land, and all the rights, privileges and appurtenances whatsoever, thereunto l)el()nging, or in any wise appertain- ing, and the profits thereof. And the said C. D. does by these presents, for himself and his heirs, give, grant, allot, assign, set over, release and confirm unto the said A. B. and to his heirs and assigns for ever, the said described piece or allotment of land, with the appurtenances. To HAVE AND TO HOLD to him the said A. B., his heirs and assigns, to the only proi)er use and behoof of him, the said A. B., his heirs and assigns forever, in severalty, as his and their full part thereof. And that the said C. D., and his heirs shall have all that piece or allotment of land (residue of the said tract) begin- ning, etc., containing, etc., together, etc. {the same as before.) And the said C. D., for himself, his heirs, executors, and administrators, does covenant, promise and grant, to and with the said A. B., his heirs and assigns, by these presents, that he, the said A. B., his heirs and assigns, shall, or law- fully in&y, from time to time, and at all times hereafter, forever, freely, peaceably and quietly have, hold, occupy, possess or enjoy the said first-described piece or allotment of land containing, etc., with the appuitenances, and receive and take the rents, issues and profits thereof, without any molestation, interruption or denial of him, the said C. D., ; f I i' 1 i' 5.'' »: V 1 : 1 \} t'-a : 1 m -. I ) ; 1 ' II ii :-il n §■ m m [ i \ '1 Ml! !"s ; I: 302 DOMINION CONVEYANCER. his lieirs or assigns, or of any other person or persons whatsoever, lawfully claiming, or to claim by, from, or under him or them, or by or with his or their act, privity or procurement. And the said A. B., for himae.f, etc. (Here insert the same covenant from A. B. to C. D.) In witness, whereof, etc. Signed, sealed, etc. FORM 333. Deed by Co-Heirs. To ALL TO WHOM THESE PRESENTS SHALL COME : of yeoman, eldest son and heir-at-law of late of deceased ; of another of the sons of said deceased ; and of and his wife, late daughter of the said deceased, (who are the only heirs of said deceased) send gx-eeting : Whereas, by Indenture, bearing date the day of A. D. 18 , of and his wife, for the consideration therein mentioned, did grant and confirm unto the said deceased, and to his heirs, and assigns for ever, as in and by the said in part recited Indenture, recorded in the Registry Office in and for the said County of relation being thereunto had, more fully and at large appeai-s, a certain messuage or tract and parcel of land, situate in and bounded and des- cribed as follows: (describing the premises. J Now know ye, that the said and his wife, for and in consideration of the sum of lawful money of Canada, to them in hand paid by of at and before the sealing and delivery hereof, (the receipt whereof they do hereby acknowledge,) have granted, sold, released and coutirmet', and by these presents do grant, ba'gain, sell, release, and confirm unto the said his heirs and assigns, all the above messuage or tract of hM DEEDS. 803 land, situate and bounded and described as aforesaid ; to- gether with all and singular the buildings improvements, rights, liberties, privileges, hereditaments and appurtenances whatsoever, thereunto belonging, or in any wise appertain- ing, and the reversions and remainders, rents, issues, and profits thereof ; and also all the estate right, title, interest, property, claim, and demand whatsoever of them, the said and and his wife, in law or equity, or otherwise howsc 2r, of in, to, or out of, the same; To have and to hold the said messuage or tract and parcel of land, hereditaments, and premises hereby granted or men- tioned, or intended so to be, with the appurtenance,unto the said heirs and assigns, to his and their sole use and behoof for ever. In witness, etc. Signed, sealed, etc. If FORM 334. Deed of Gift of Personal Property. Triis IxDENTUiiE, made the day of A. D. 18 , Between A. B., of, etc., of the one part, and C. B., of, etc., of the other part. Whereas, the said A. B., being the father of the said C. B., by reason of his age and infirmities, is not capable of attending to his estate and afiairs as formerly, and has therefore agreed, for advancement of the said C. B., to make over his property to the said C. B., so that the said C. B., should pay the debts of the said A. B., and afibrd him a maintenance, as hereinafter mentioned: Now this indenture witnesseth, that the said A. B., in order to carry the said agreement into effect, and in consideration of the natural love and affection which he hath for and towards his son II te» 5- i I ;,f i; 394 DOMINION CONVEYANCER. the said C. B.,and of the provinoca, covenants, and ajjree- meuts, hereinafter mentioned, by the said C. B., to be ob.scr- ved and performed, hath given, granted, bargained, sold and assigned, and by these presents doth give, grant, bargain sell, and assign, unto the said C B., his executors, adniinis- tratora, and assigns, all and singular, his household goods and Implements of trade, stock in trade, debts, rights, credits and personal estate, whereof he is now possessed, or any ways interested in or entitled unto, of what nature or kind soever the same are, or wheresoever or in whosoever hands they be, or may be found, with their and every of their rights members, and appurtenances. To HAVE AND TO HOLD, the Said goods, household stufF stock in trade, debts, rights and personal estate, and other the premises, unto the said C. B., his executors, adminis- tratoi*s and assigns, forever, without rendering any account or being in any wise accountable to the said A. B., his heirs, executora, or administrators, for the same. And the said C. B., for himself, his heirs, executors, and administrators, doth covenant, promise, grant and agree to and with the said A. B., his executors, administrators and assigns, in manner and form following, that is to say : that he, the said C B., his heii-s, executoi-s and administrators shall and will settle, pay, discharge and satisfy, or cause to be settled, paid, discharged and satisfied all accounts, debts, judgments and demands of every nature and kind whatsoever, now outstanding against, or now due from, or payable by the said A. B., or for the payment of which the said A. B. shall be liable, or be held liable, either at law or in eqxiity, on account of any matter, cause or thing hereto- fore had, sufiered, done, or performed, and at all times here- after free, discharge and keep harmless and indemnified the said A. B., his heira, executors and administratora from all and every such accounts, debts, judgments and demands, and from all actions, suits and damages that may to him or them arise by reason of the non-payment thereof •- and, DEEDS. 305 moreover, that he, the said C. B., his heirs, executors, and administrators, shall and will yearly, and every year, dur- injT the term of the natural life of the said A. B., by four ecjual quarterly payments, the first to begin on the (lay of next, well and truly pay, or cause to be paid, to the said A. B., or his assigns, the sum of for, or towards his support or maintenance, and find or provide for him sufficient meat, drink, washing, lodging, appartsl* and attendance suitable to his state and situation, at the clioice and election, from time to time, of the said A. B. Provided always, and upon this condition, and it is the true intent and meaning of these presents, that if the said C. B., his heirs, executors and administrators, shall neglect or refuse to pay the said accounts, debts, judg- ments and demands, according to his covenant, aforesaid* or shall suffer the said A. B. to be put to any cost, charge, trouble or expense, on account of the same, or shall neglect or refuse to pay the said annual sum in manner aforesaid or to find and provide for the said A. B., as aforesaid, that then, in all, any or either of the cases aforesaid, it shall and may be lawful to and for the said A. B., all and singular the premises hereby granted to take, re-possess and enjoy, as in his former estate. In witness, etc. Signed, sealed, etc. ^1 , FORM 335. (Another form.) Know all men by these Presents, that I, A. B., of the of in the Province of merchant, for and in consideration of the natural love and at!ection which I bear unto my daughter C. B., and for her b^ii^r preferment in marriage, and the increase of her portMMK ^^^ ^^^ ^° oonsideration of the sum of one dollar I ; :■ :1! I 111 i ; 30G DOMINION CONVEYANCER. i hi to me paid by my said daughter C. B., at and before the sealing and delivery hereof (the receipt whereof I do hereby acknowledge), have given, granted, bargained, sold^ and by these presents do give, grant, bargain, and sell, unto my said daughter C. B., all the goods and chattels following, to wit,etc., (or, all those goods and chattels mentioned and expressed in the schedule or writing hereunto annexed.) To have and to hold, all and singular, the premises hereby given and granted unto the said C. B., my daughter, her executors and administrators forever, as her and their own proper goods and chattels. In witness whereof, I have hereunto set my hand and seal this day of 18 . . Witness, FORM 836. Deed of Gift of Lands. This Indenture, made the day of A. D. 18 Between A. B., of the township of in the county of yeoman, of the one part, and CD. (eldest son of the said A. B.) of the other part, WITNESSETH, that the said A, B., as well for and in con- sideration of the natural love and affection which he hath and beareth unto the saidC. D,, as also for the better main- tenance, support, livelihood, and preferment of him the said C. D., hath given, gran tad, aliened, enfeoffed and confirmed, and by these presents doth give, grant, alien, enfeoff and confirm unto the said C. D., his heirs and assigns, all that parcel or tract of land etc., (describing the premises,) together with all and singular, houses, outhouses, edifices buildings, bams, stables, courts, curtilages, gardens, orchards, woods, underwoods, ways, waters, watercourEes> advantages and appui'tenances, whatsoever, to the said parcel or tract of land and premises belonging, or in DEEDS. 307 anywise, appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profit of tho same, and all the estate, right, title, interest, property, claim and demand whatsoever, of the said A. B., of, in and to the said parcel or tract of land and premises, and of, in and to every part and parcel thereof, with their and every of their appurtenances, and all deeds, evidence and writings^ concerning the said premises. To have and to hold tlie said parcel and tract of land, and all and singular other the premises hereby granted and confirmed unto and to tho only proper use and behoof of the said C. D., his heirs and assigns for ever. (Add covenant cigainst incwmhrancea and otherwise as the donor pleases. J In witness whereof, etc Signed, sealed, etc ti FORM 337. Deed Poll by Executors To ALL PERSONS TO WHOM THESE PRESENTS SHALL COMB, we, and both of, etc., executors of the last will and testament of late of, etc., deceased, send greeting. Whereas the said in order to enable his said executors fully to carry into effect his intentions, did, in and by hia last will and testament, authorize and empower his said executors, in any manner which they should deem proper, to make sale of, and execute and deliver deeds to convey, all his the said testator's real estate: — Now therefore know ye, that, by virtue and author- ity to us given by said in his last will and testament, we, the said and executors as- aforesaid, in consideration of the sum of to us paid! by of, etc., (tLe receipt whereof is hereby acknow- |: r; If u ■i' 808 DOMINION CONVEYANCER. ledged,) have given, granted, bargained, sold, and conveyed, and by these presents do give, grant, bargain, sell, and convey, unto the said his heirs and assigns, the following described parcel of real estate which was the property of the said situated in and bounded and described as follows, to wit, etc. To HAVE AND TO HOLD the afore-granted premises to him the said his heirs and assigns, to his and their use and behoof forever. And we the said A. B. and C. D., do covenant with the said his heirs and assigns, that we are lawfully the executors of the last will and iostament of said and that we have not made or Buffered any incumbrance on the hereby-granted premises, since we were appointed executors of said and that we have in all respects acted, in making this conveyance, in purauance of the authority granted to us in and by the said last will and testament of the said In testimony whereof, etc. Signed, sealed, etc. FORM 838. i Deed of Confirmation. This Indenture, made the day of A.D.18 . Between C. D., of, etc., a son, and one of the heirs of E. D., deceased, of the one part, and A. B., of, etc., of the other part. Whereas, by a certain deed of bargain and sale bearing date on or about, etc., and made between E. F. and and the said C. D.,of the one part, and the said A. B., of the other part, for the consideration of ,the several messuages or tenements therein mentioned, and hereinafter, intended tc be released and confirmed, are thereby granted DEEDS. 800 and conveyed, or intended so to be, unto and to the use of tlie said A. B., his heirs and assigns forever, as by the said indenture of bargain and sale, relation being thereunto had may more fully appear ; And whereas, the said C. D., at the time of the date and making the said in part recited Indenture of bargain and sale, was not of the age of twenty-one years, but hath since attained to such his age of twenty-one years and hath this day before the execution of these presents, duly sealed and delivered the said in part recited Indenture of bargain of sale. Now THIS Indenture witnesseth, that as well in per- formance of a covenant for further assurance in the said Indenture of bargain and sale contained, as also for and in considei'ation of the sum of to him the said C. D., in hand paid by the said A. B., at and befoi.'e the ensealing, etc., being his full part and share of, and in the before mentioned sum of agreed to be paid for the pur- chaao of the said messuage, tenements, and hereditaments* the receipt whereof he the said C. D. doth hereby acknow- ledge, he the said C D. hath remised, released, aliened, and quit-claimed, and by these presents doth remise, release^ alien, and for ever quit-claim, and confirm unto the said A. B., in his actual possession now being by virtue of the before mentioned Indenture of bargain and sale, and to his heirs and assigns, all, etc. To HAVE AND TO HOLD unto and to the use of the said A. B., his heii-s and assigns forever, (Insert a covenant that he has done no act to encitmber, except, etc., and for farther assurance.) In witness, etc. Signed, sealed, etc. i I j ■i •ii ■ 'A ■ ::tl y l^^V:A 111 ;-t 1 i ! m ^ M -1 si: •i -1- 810 DOMINION CONVEVANCEU. FORM 339. Deed of Trust for Married Woman. This Indenture, made the day of A.D. 18 , BiTWEEN , of , of the one part, and of the other part : - WITNESSETH, that the said for and in considera- tion of the sum of to him in hand paid by the said I • for the uses and upon the trusts hereinafter men- tioned, at aind before the ensealing and delivery hereof, the -receipt whereof he does hereby acknowledge, has granted, bargained, sold, aliened, enfeoffed, released and confirmed, and by these presents doth grant, bargain, sell, alien, enfeoff, release and confirm unto the said , his heirs and assigns forever, all that certain piece or parcel of land, situate, etc. (describe the premises): together with all and singular the buildings and improvements to the same belonging, or in any wise appertaining, and reversions and remainders, rents, issues and profits thereof : To HAVE AND TO HOLD the said piece or parcel of land with the appurtenances, hereby granted, or intended so to be, unto the said , his heirs and assigns forever : In trust, nevertheless, and for the uses following, and none other, that is to say, for the sole and separate use of the wife of , of , for and during her natural life, and so as she alone, or such person as she shall appoint, shall take and receive the rents, issues and profits thereof, and so as her said husband shall not in any wise intermeddle therewith ; and, from and after the decease of the said in trust for the use of the heirs of the body of the said by the said begotten, or to be begotten, forever; with power to the said to sell and convey, in fee simple, the whole or any part of the aforesaid premises and appurtenances, to DEEDS. 311 any pei-son or persons, and for such sum or sums of money as the said by writing under her hand and seal, and duly executed at any time during her natural life may appoint and direct : And the said , for himself, his heirs, executors and administrators, doth covenant and agree to and with the said , his heirs and assigns, by these presents, that he the said and his heirs, and said above-mentioned and described piece or parcel of land, with the appurtenances, unto the said , his heirs and assigns, against him, the said and his heirs, and against all and every other person and persons whomsoever, lawfully claiming or to claim, the same or any part thereof, shall and will warrant and forever defend by these presents. Witness, etc. Signed, sealed, etc. / FORM 340. Quit Claim Deed. day of This Indenture, made (in duplicate) the A.D. 18 . Between , of the firat part ; wife of the said party of the first part, of the second part ; and of the third part : WITNESSETH, that the said part of the first part, for and in consideration of of lawful money of Canada^ to in hand paid by the said part of the third part, at or before the sealing and delivery of these presents (the receipt whereof is hereby acknowledged), ha granted, released and quitted claim, and by these presents, do grant, release and quit claim unto the said part of the third part and assigns, all estate, right, title, interest, claim and demand whatsoever, both at law and in equity, \ II 1 1 ■ > ■; ; I ' 1 I -t i; 312 DOMINION CONVEYANCER. or otherwise howsoever, and whether in possession or expectancy, of, in, to or out of all and singular th certain parcel or tract of land and premises situate, lying and being Together with the appurtenances thereto belonging or appertaining , to have and to hold the aforesaid land and premises, with all and singular the appurtenances thereto belonging or appertaining, unto and to the use of the said part of the third part heirs and assigns, forever ; sub- ject, nevertheless, to the reservations, limitations, provisoes and conditions expressed in the original grant thereof from the Crown. In witness whereof, etc Signed, sealed, etc. ^1 It' FORM 341. Deed by Trustees Under Power in a Will. Know all men by these presents, that we, and , both of , in tlie county of , trustees under the last will of , late of , in the county of , deceased, which will was duly proved and allowed by the surrogate court for said county, on the day of , 18 , do, by virtue of and in execution of the power to us given in and by said will, and of every other power and authority us hereto enabling, and in consideration of the sum of dollars and other good and valuable consideration to us paid by , of said , the receipt whereof is hereby acknowledged, hereby grant, bargain, sell and convey unto the said that certain tract or parcel, etc. To have and to hold the above granted premises, with all the privileges and appurtenances thereto belonging, to LEEDS. 813 the said and his heirs and tussigns to and for their own use forever. In witness whereof we , tlio said , and trustees as aforesaid, hereunto set our hands and soals this day of , in the year 18 . FORM 343. Deed by Heir and Executors of a Vendor who has Died Pending a Contract of Sale. This indenture made in duplicate the day of ,18 , between . , of , heir-at- law, of the first part ; and and , executors of the last will and testament of , deceased, of the second part ; and , purchaser, of the third pai'fc, witnesseth: Whereas by articles of agreement in writing, bearing date the day of , and made and entered into between said , deceased, of the one part, and the said purchaser of the other part, the said , deceased, contracted to sell the land and premises herein- after described to the said purchaser for the sum of dollars. And whereas the said died on or about the day of , leaving the said party of the first part his sole heir-at-law surviving him, having by his will, duly executed, appointed the said parties of the second part joint executors of his said will, who duly proved the same in the surrogate court in and for the county of on the day of last. Now this indenture witnesseth, that in pursuance of the said recited contract, and in consideration of the sum of dollars, paid by the said purchaser to the said m\^ H' !( 314 DOMINION CONVEYANCER. ii: 1.'. l i i r \ 4 I 'I Hi ! ^4, exccutoi'8 (tlio receipt whereof they hereby acknowledge), and also in conHideralion of the sum of one dollar paid by the said purchaser to the said party of the firat part (the receipt whereof is hereby acknowledged), the said party of the firat part, in respect only of such estate as is vested in him as such heir-at-law, but not further or otherwise, and at the reciuest and by the direction of the said executors, testified by their joining herein, doth, by these presents, grant, remise, release and convey, and the said executors until the said Annuity and the arrears thereof (if any there shall be), together with all costs and charges thereabout, or concerning the same, shall be fully paid and satisfied. And the said A. B. for himself, his heirs, executors and administrators, doth covenant, grant and agree, to and with the said C. D., his executors, administrators and assigns, that he, the said A. B., his heirs, executor? or administra- tors, shall and will, well and truly pay, or cause to be paid unto the said C. D., his executors, administrators or assigns, the said annuity, or yearly rent-charge, etc., at the days and times, and in the manner and form, as above expressed, and limited for payment thereof, according to the true intent and meaning of these presents. And also that the said messuage, etc., above mentioned, to be charged and chargeable with the said annuity hereby granted, shall, from time to time, be, and continue, over and sufficient for the payment of the said annuity of yearly, during the life of the said C. D. In witness, etc. Signed, sealed, etc. FOEM 345. Grant of Annuity by Bond. fCxOW ALL MEN BY THESE PRESENTS, that I, A. B., of, etc.; am i.eld and firmly bound unto C. D., of, etc., in the DEEDS. 817 penal sum of of lawful money of Canada, to be paid to the said C. D., or to certain attorney, executors, administrators or assigns. For which payment, well and truly to be made, bind heirs, executors and administrators, forever, firmly by these presents. Sealed with seal. Dated this day of A. D. 18 Whereas the above bound A. B., on the day of the date of the above written obligation, has had and received to his own use, of and from the above named C. D., the sum of (the receipt whereof is hereby acknowledged) in consideration whereof the said A. B., has agreed to pay the said C. D., an annuity or clear yearly sum of for and daring his natural life, to be paid in the manner hereinafter mentioned ; Now, the condition of this obligation is such, that if the above bound A. B., his heirs, executors and administrators, or any of them, do and shall yearly, and every year during the natural life of the said C. D., well and truly pay or cause to be paid to him the said 0. D., or his assigns, the clear yearly sum of in half-yearly payments of each, payable on the days of each and every in each and every year which shall occur during the natural life of the said C. D., then this obligation shall be void ; but if default be made in any of said half-yearly payments, or any part of them, then the same shall remain and be in full force and virtue. Signed, sealed, etc. FORM 3i6. Deed Reservinf) Ground Rent. This Indenture, made the day of A. D. 18 Between of and his wife, of the one part, and of the same place, of the other part 818 DOMINION CONVEYANCEK. ti It' n u P WITNESSETH, that the said and his wife as' well for and in consideration of the sum of one dollar, of lawful money of Canada, unto them, at or before the sealing and delivery hereof, by the said well and truly paid, the receipt whereof is hereby acknowledged, as of the payment of the yearly rent and taxes, and perform- ance of the covenants and agreements hereinafter mentioned which, on the part of the said his heirs and assigns, is and are to be paid and performed, have granted, bargained, sold, and confirmed, and by these presents do grant, bargain, sell, and confirm, unto the said his heirs and assigns, all that certain parcel, etc. To HAVE AND TO HOLD, the above-described parcel, with the appurtenances unto the said his heirs and assigns, to his and their sole use and behoof forever. Yielding and paying therefor unto the said his heirs and assigns, the yearly rent or sum of lawful money of Canada, in half-yearly payments, on the first day of the months of July and January, in each and every year hereafter, forever, without any reduction or abatement whatever, for, or by reason of, any charges, taxes, or assessments whatsoever, to be assessed on the said parcel hereby granted, or on the said yearly rent hereby, therefrom and thereout reserved and made payable; the first half-yearly payment to be made on the first day of July, 18 . And upon default of paying the said yearly rent on the days and times and in the manner aforesaid, it shall and may be lawful for the said his heirs and assigns, to enter into and upon the said hereby granted premises, or any part or parcel thereof, and into the buildings thereon to be erected, and to distrain for such yearly rent so then in arrear and unpaid, and to proceed with and sell such distrained goods and effects accoi-ding to the usual course of distresses for rent- charges. But, if sufficient distress for the purposes afore- named and the payment of the charges attendant upon such levy cannot be found upon the said premises, it shall and may be lawful for the said his heirs and DEEDS. 31» assigns, wholly to re-enter upon the said parcel and all its improvements, and the same to have again, repossess and enjoy, as fully and completely as though this indenture had never been executed. And the said for himself, his heira, executors, administrators and assigns, doth covenant, promise, and agree to and with the said , his heirs and assigns, by these presents, that he, the said the said yearly rent or sum of , lawful money as aforesaid, shall and will well and truly pay, or cause to be paid, on the days and times hereinbefore mentioned and appointed for such pay- ment, without any deduction or abatement for or by reason of any charges, taxes or assessments whatsoever ; it being the express agreement of the parties hereto, that the said , his heirs and assigns, shall pay all taxes whatso- ever that shall hereafter be laid or assessed, by virtue of any law whatsoever, upon the herein granted parcel, or the buildings thereon to be erected, or the said yearly rent charged thereon, or upon either or all of them ; also that he, the said , his heirs or assigns, shall and will, within one year fi'om the date hereof, erect and build on the said hereby granted parcel, a good and substantial brick or stone building, of sufficient value to secure the said yearly rent hereby reserved. Provided always, nevertheless, that if the said , his heirs or assigns, shall and do, at any time hereafter, pay, or cause to be paid, unto the said , his heii*s or assigm, the sum of lawful money as aforesaid, and all o.rrearages of. the said yearly rent to the time of such payment, then the same shall forever thereafter cease and be extinguished, and the covenant for payment thereof shall become void : and then he, the said , his heii-s or assigns, shall and will, at the costs and charges of the said grantor, his heirs and assigns, seal and execute a sufficient release and discharge of the said hereby reserved yearly rent, to the said , his heirs and assigns. II . I ; [i ! ' 5 1 i l! ! II I 'it if If If L 820 DOMINION CONVEYANCER. forever, anything hereinbefore to the contrary contained notwithstandinor. And thj said for himself, his heirs, executors and administrators, doth covenant, promise and agree, to and with the said , his heirs and assigns, by these presents, that he the said , his heirs and assigns, paying the said yearly rent, or extin- guishing the same, together with the taxes, and performing the covenants and agreements aforesaid, shall and may, at all times, hereafter forever, freely, peaceably and quietly have, hold and enjoy, all and singular the premises hereby granted, with the appurtenances, and take and receive the rents and profits thereof, without any molestation, inter- ruption, or eviction, of the said , his heirs or any other person or persons whomsoever, lawfully claiming, or to claim, by, from or under, him, them or any of them. In witness, etc. FORM 347. Composition with Creditors. Indenture made this day of 18 , between the several persons whose names and descriptions are con- tained in the schedule hereto, hereinafter called the credi- tor, of the one part, and , of , of the other part. Whereas the said debtor is indebted to each of the creditors in the sum written opposite to his or her name in the schedule hereto ; and whereas the creditors have agreed to accept a composition of cents in the dollar in full discharge of their said debts ; now this indenture wit- nesseth, and it is hereby mutually agreed and decided, as follows : The said debtor shall, on or before the day of next, pay to each of the creditors who shall execute these presents before that day a composition of cents in the dollar on his or her said debt, which they, the said DEEDS. 321 creditors, hereby agree to accept in full satisfaction and discharge of their said respective debts. In case such com- pensation shall be duly paid each of them, the creditors do hereby release the said debtor, his heirs, executors, admin- istrators, estate and effects, from his or her debt, and do agree that such release shall be binding and eflectual, although some of the creditors of the said debtor may not execute these presents. Provided always, that in case the said debtor shall not on or before the said day of pay to each of the creditors, who shall execute these presents before such day, the said composition of cents in the dollar on his or her debt, as hereinbefore pro- vided, then these presents shall be void. In witness, etc. SPECIAL CLAUSES IN COMPOSITION DEEDS. FORM 348. Pa7'ties. Indenture made this day of > 18 , between , hereinafter called the debtor, of the first part ; , of , and , of , hereinafter called the trustees, of the second part; and the several persons, companies and firms, whose names and seals are hereunder signed and affixed respectively, being creditors of the said debtor, and all other creditors of the said debtor acceding hereto, hereinafter called the parties of the third part. FORM 349. Agreement to Pay and Accept Composition. And whereas it has been agreed that the said shall pay to the said creditors a composition ot H.D.C. — 21 cents >il iir S; 1 1 ■ i 1 i i b 1 i ii. ■ nl •n t ' 022 DOMINION CONVEYANCER. in the dollar on tho amount of their said respective debts, to be secured and paid in the manner hereinafter appear- ing, and the said creditors have agreed with the said and mutually each with the others to accept such composi- tion in satisfaction of their debts, and to execute the release hereinafter contained, etc. FORM 350. Agreement to Pay Composition by Instalments. Now these presents witness, that in pursuance of such arrangement, and as well in consideration of the agree- ments on the parts of the sa" editors respectively here- inafter contained, he the salt ir. doth truly agree to and with the said several creditor aiid firms respectively, that he, the said debtor, shall ano .v'll pay, or cause to be paid, to them, the said several creditors, r-. peel ' . y, or their respec- tive executors, administrators or assigiirt, a !.'<.>m position of cents in the dollar on the amount of their several and respective debts, without any deduction whatsoever by four equal instalments on the respective days following, viz. : One equal fourth part of the said composition on the day of next; one other equal fourth part thereof on the day of next; one other eijual fourth part thereof on the • day of next ; and one other equal fourth part thereof on the day of next; together with all the costs and expense;', whatsoeverof and attending the preparation and execution of these presents, and incident to the said composition, oi' so far as the said estate will thereunto extend. DEEDS. 323 FORM 351. Joint arid Several Covenant by Debtor and Surety tc Pay Composition. Now this indenture witnesseth, that in pursuance of the said agreements, and in consideration of the premises and of the release hereinafter contained, the said debtor and surety, jointly and severally, covenant with the said , or other, the ti*ustee for the time being of these presents, that they or one of them will pay to the said trustee in trust for the said creditors, such a sum as shall be equal to cents in the dollar on the total amount of the debt specified in the schedule hereunto annexed, by two equal instalments, the first of such instalments to be paid on the day of next, and the second instal- ment on the day of next. M n ) 'P mi 111 f FORM 352. Agreement of Creditors to Accept Composition. And also that they, the said seveml creditors and firms, do hereby severally, but so far only as relates to their and his own separate acts, claims and demands, and subject to the proviso hereinafter contained for avoiding the agree- ment hereby made, in the event hereinafter' mentioned, agree to and with the said debtor and sureties, and each of them, that they, the said several creditors, and each of them, respectively, shall and will receive and accept the said composititon, or the proceeds of the said estate, if insufllcient to pay it, in full satisfaction of the amount of .-it' "ill Jni" w 'n«j! Hir 324 DOMINION CONVEYANCER. their said respective debts, claims and demands, by the instalments, and on the days hereinbefore appointed for payment thereof. FORM 353. Cuvenant of Debtor to Assist Trustees. And that he will, to the best of his ability, assist the trustees in carrying on the said business, as aforesaid, and in winding up the same, and in obtaining possession of an> . ' 5 ■, i \ *'*'■ 1 1' ' tli II* (- j ( 1 j i .M s . r i .1 ^v mm ' -Mi ' i : ii'i II 828 DOMINION CONVEYANCER. guarantee you the due ami regular payment of hucIi sum and HUU18 of money as at any time, an ; , \,n m having submitted the plan, or a sufficient specification thereof, to of , or in case of his decease, absence or inability to act, to some skilled architect or mechanic named by the lessors or those having their estate, and having obtained his opinion in writing that the intended alterations or additions will not impair the strength or durability of the buildings, the services of said , or other person, to be paid for by the lessees. FORM 369. To obtain Approval before making Alterations. And also, before making any alterations in any of the buildings on said premises, will obtain the approval iti writing of the lessor, his heirs or assigns, to the plans and specifications of such intended alterations, and will make the same in such manner as shall be so approved. FORM 370. To Expend a Certain Sum in Improvements. That he, the said lessee, or his representatives or assigns, will, within the fia^t six months of the term hereby granted, lay out and expend the sum of dollars, at least, in substantial alterations, of a nature to improve the demised premises generally as a place of business, to be made in a workmanlike manner; the application of said sum to be from time to time inspected and approved by such proper persons as the lessors or those having their estate shall appoint to inspect the same; and also will^ when required, render to the lessors or those h xving their estate an account and vouchers of said expenditures. SPECIAL COVENANTS IN LEASES. 339 FORM 871. Not to Use the Premises for Trade. And ulso will not use the said premises, or permit the same to be used, for the purposes of any business, trade or manufacture of any description, or for any school or teach- ing of music, or for lodgings, or for a boarding-honse. m m FORM 372. To Use as Ojffices Only. And also will not use and occupy the said premises, or permit the same to be used or occupied, otherwise than as offices, or for any purpose, or in any manner inconsistent with such occupation, nor so as to be a damage or annoy- ance to the occupants of other ofBces in the same building. FORM 373. Not to Carry on Offensive Trade. And also will not carry on or permit upon the said premises any offensive, noisy or dangerous trade, business, manufacture or occupation, or any nuisance, nor use the same, nor allow the same to be used, for any illegal or immoral purpose, but will use the same as a private dwell- ing-house, or for carrying on handicrafts or occupations of a quiet and inoffensive nature only, or Not to do anything which shall be a nuisance to the neighborhood. Will not do, or suffer to be done, in or upon the said premises any act or thing which shall or may be a nuisance, annoyance, inconvenience or damage to the lessor or his tenants, or to the occupants of adjoining Iiouses or of the neisrhborhood. ':| I -I;'! I ^ ' 1 ' ;i ' 1 i 1 • ' '\ i'r !l 340 DOMINION CONVEYANCER. FORM 874. Not to Assign or Underlet without License. And also will not assign or underlet said premises, or any part thereof, without the previous consent in writing of the lessor, his heirs or assigns (provided that such consent shall not be unreasonably or arbitrarily withheld, to an assignment or underletting of the said premises, or any part thereof, to a respectable and responsible person). I Hi *• hi ill V us m FORM 875. To consume Hay, etc., on Premises. And also will consume all the hay,, straw, fodder, tur- nips, and other root crops on the premises, and will in every year carry out and spread at proper times and in a husbandlike manner, on the demised premises, all manure, muck, and compost produced or prepared on said premises. FORM 376. To leave Unspent Hay and Manure. To leave upon the said premises all the unspent hay, clover, straw, turnips, or other root-crops, and all manure and compost, for the benefit of the lessor, or the incoming tenant, who shall pay a reasonable price therefor, such price, in case of dispute, to be settled by arbitration in the usual manner. FORM 377. To keep Farm in Oood Condition. And will keep the said farm-house and buildings, and all things in and about the same, and all fences, ditches, drains, fixtures, and things upon or about the said farm and SPECIAL COVENANTS IN LEASES. 841 lands, in good condition and complete repair, without any alteration except such as the lessor, his heirs or assigns, shall approve of. FORM 878. To properly Cultivate a Farm. And will cultivate, manure, and manage the said farm and lands in a fair and proper manner, according to the most approved course of husbandry, and will not convert into arable land any land now in pasture and meadow, without the consent of the lessor, his heirs or assigns. FORM 879. To pay Share of Expenses of Repairing Ways, etc. And also will, from time to time, pay and allow a reasonable proportion towards the expenses of making, supporting, and repairing all ways, roads, pavements, party-walls, or party-fence walls, or fences, gutters, drains, sewers, pipes, and watercourses which shall be used for the convenience of the premises, or any part thereof, in common with the owners or occupants of adjoining lands or build- ings ; and that, in default of payment of such proportion, the same shall be recoverable as, or in the nature of, rent in arrear. i-t. \i ! i. 1 t 1 I i: Ind {ies> Lnd FORM 380. Covenant to Build to he used in a Building Lease. And will within months after the execution of these presents commence, and without intermission and with reasonable expedition proceed with the erection of a building, to be used for mercantile purposes, upon the -l\ I I i, 1 1 i :]42 DOMINION CONVEVANCEIl. fleniiHed land, and will at his own expense completely finish tlie Hame for use and occupation, on or before the dfiy of , in a substantial and workmanlike manner, according to such plans, elevations, sections, condition8,and specifications.as shall be previously approved of in writing by the lessor, and under the inspection and in all respects to the satisfaction of the architect for the time being of the lessor; and will expend in erecting said building at least the sum of dollai's; and will at all times produce and show to the lessor, or to his architect for the time being, bills and vouchers for the materials and lalK>r used and employed in and about the said building, and will upon the completion of said building pay to such architect a fee of dollars. FORM 881. To keep Lawn and Garden in Order. And also will, at his and their own costs, keep up and preserve in good condition the lawn and garden belonging to the said dwelling-house, and the fences and walls around and about the same, in the same order and form as the same respectively are now in ; and will do, or cause to be done, in proper and reasonable times of the year, and in a proper manner, all necessary work in and to the same, and, in paiticular, for the preserving and cherishing the fruit-trees, herbs, shrubs, plants, flowers, and roots now growing, or henceforth during the said term to grow therein, and will properly and seasonably manure and cultivate the same during the said term. SPECIAL COVENANTS IN LEASES. ^343 P'ORM 883, To properly Manage a Hotel. And will during said term personally reside in said hotel and keep it open in due and proper course of business as a pultlic house, and neither use nor suffer the same to be used for any other purpose, and will use his best endeavors to preserve and extend the trade thereof; iv.ul will conduct and manage the same in a proper and orderly manner, and will not do, or suffer anything to be done, to the detriment of said house. FORM 383. To permit Lessor to put up Notice for Re-Letting. And also that it shall be lawful for the lessor, his heiia or assigns, or his or their agents, at any time within calendar months before the expiration or sooner deter- mination of the said term, to enter upon the said premises, and to afllix upon any suitable part thereof a notice for re-letting the same, and will permit all persons having written authority therefor to view the said premises at all seasonable hours. I FORM 384. To permit Leassor to Repair Adjoining Buildings. And will permit the workmen of the lessor, his heirs or assigns, and his or their tenants of the adjoining premises belonging to him, such tenants having previously obtained his written consent, to enter into the said demised premises for the purposes of repairing the adjoining premises, mak- i¥kg 'casonable compensation to the lessee, his executoi-s, administrators or assigns, for all damages occasioned thei« y. ■ ; ( i. fil if! hn ,,>.( I .'■ : t: i .' if.- m. I-! ■i i'i i I i 344 DOMINION CONVEYANCER. FORM 385. To Insure. And will, during the said term, keep the said buildings and premises hereby demised insured against fire in some reponsible office in the sum of dollars at the least, in the joint names of the lessor, his heira or assigns, and of the lessee, his executora, administrators or assigns, and, whenever required, produce to the lessor the policy and receipt for the last premium in respect of such insurance ; and in case the destruction or damage of the said premises by fire, the moneys received in respect of such insurance shall be laid out in re-building or reinstating the same, (and in case such moneys shall be insufficient for such purposes, the deficiency shall be made good by the lessor). FORM 386. Not to do anything to Increase Rate of Insurance. And also will not carry on, or permit upon, the said premises any trade or occupation, or suffer to be done any other thing, which may render any increased or extra premium payable for the insurance of the said premises against fire, or which may make void or voidable any policy for such insurance. FORM 387. Farm Lease. day of This Indenture, made the A.D. 18 Between (hereinafter called the lessor ) of the first part; and (hereinafter called the lessee ) of the second part ; LEASES. 345 WITNESSETH, that for and in consideration of the yearly rent, covenants, and conditions hereinafter reserved and contained, he the said lessor do demise, lease and to farm let, unto the said lessee executors, administrators and assigns, all that certain parcel or ti-act of land, situate,* lying and being in the together with all erections and buildings, bams, stables and other outhouses thereupon erected, standing and being, or here- after during the said term to be erected, standing and being, and t 'gether also with all ways, paths, passages, watei-s, watercouraes, privileges, advantages and appurten- unces whatsoever to the same premises belonging, or in anywise appertaining. To HAVE AND TO IIOLD the same unto the said lessee executors, administrator's and assigns, for the tenn of to be computed from the day of in the year of our Lord 18 , yielding and paying there- for yearly and every year during the said term unto the said lessor the clear \ e rly rent or sum of of lawful money of Canada, on the day of the mouth of in each and every year during the said term, without any deduction , defalcation or abatement thereout on any account whatsoever, the first of such paj'ments to become due and to be made on the And the said lessee do hereby for heirs, executoi*s, administrators and assigns, covenant, promise and agree to and with the said lessor, heii*s and assigns in manner following, that is to say : That the said lessee executora, adminis- trators or assigns, or some or one of them, shall and will well and truly pay, or cause to be paid, unto the said lessor heirs or assigns, the said yearly rent of on the days and times, and in manner herein- before mentioned and appointed for payment thereof, without any deduction or abatement thereout on any i « 11 > 11 < :-i! 340 DOMINION CONVEYANCER. ■i: t 111! ■ 14] :' ir.il' ■ ! ■ 1 ' account whatsoever. And also shall and will from time to time, and at all times during the said term, well and truly pay or cause to be paid, all taxes, rates, levies, duties, charges, assessments and impositions whatsoever, whether parliamentary, nmnicipal or otherwise, which now are, or which during the continuance of the said term hereby ayable, and the said term shall innne- diately become forfeited and void, but the next current rent, shall, nevertheless, be at once due and payable. In witness, etc. Signed, sealed, etc. FORM 388. Sfatniory Lease. R. 8. O. 1887, 0. 106. This Indenture, made the day of in the year of our Lord one thousand eight hun: '3 '^1 ■: m I: m M V'' i fi; 1 1 352 DOMINION CONVEYANCER. 5< 1 ' -isia III named and appointed, one of them by the said party of the firat part, his heirs and assigns, the other by the said party of the second part, executors, administrators and assigns, with power to them the said appraisers, to name and call in a third if they cannot agree ; and in such valu- ation and appraisement the amount of such rent shall be calculated altogether as ground rent of a block or parcel of land situated as the said premises are situated, and the value of any buildings, tenements, houses or erections thereon, is not to be considered in any wise in making such appraisement : such appraisement to be made within four- teen days after the end of the terra hereby granted : such rent to be payable in quarterly payments as aforesaid, and to commence from and immediately after the termination of the first term : or, if the said party of the first part, his heirs and assigns, decline making such renewal for a second term, — which it shall be optional for him or them to do or make (but of which intention to decline, the said party of the first part, heirs or assigns, shall give to the said party of the second executors, administrators or assigns, or leave at his or their last known place of abode, a notice, in writing at least three calendar months before the expiration of the said term of years hereby granted, or any future term to be granted as hereby provided), — then it is hereby expressly covenanted, declared and agreed upon, by and between the parties hereto and their respective representatives, that all the buildings, houses and erections, placed, erected and being on said premises at the expiration of the first term of years, by the said party of the second part, executors, administrators or assigns, shall be duly valued and appraised, by appraisers named and appointed on behalf of each party, as above particularly mentioned, with power to them to name, refer to and call in a third person, ehould they not agree as above mentioned — such appraisement to be made within fourteen days from and after the deter- mination of the said first term hereby demised — who shall LEASES. 353 m utors, and lalf of power hould ent to deter- shall fix on the value under the conditions aforesaid ; An«l the Haid party of the first part, hereby for himself, his heira and assigns, covenants, promises and agrees, to and with tile said party of the second part, executors, administrators and assigns, that he or they, or some one of them, will pay to the said party of the second part, executors, administrators and assigns, the full sum of money so to be fixed by the said appraiser, or their referee, as the value of or compensation for Slid houses, buildings and erections, on the said hereby diMnised premises then standing and being within one calendar month after such value is ascertained and declared as aforesaid, a renewal for a second term having been declined to be made bv him or them as aforesaid ; And also, that if any such renewal of a second term be granted as aforesaid, under the terms and conditions herein provided for granting the same, by the said party of the fii"st part, his heirs or assigns, to the said party of the second part, executors, administrators and as- signs, that at the end of such renewed term, so to be granted as aforesaid, the said party of the first part, his hc'ii-s and assigns, shall and will grant a further renewed lease to the said party of the second part, executors, administrators and assigns, of a further term of yeara, precisely on the same terms and conditions as here- inlxifore provided for the first renewal thei'eof, the amount of rent payable quarterly to be ascertained by appraiser, in the manner and form above provided and set forth, or shall and will pay for all buildings and erections then being on said premises (should such renewal bo refused or declined, and of which notice shall have been given as aforesaid), at a rate to be ascertained by appraisement as aforesaid, and within the time, and according to the terms, conditions and agreements above mentioned and expressed ; and so on at the end of every renewed term ; it being the true intent and meaning of these presents, B. B.C. —23 < r ■ ' ' I 1 1 'i '■( ■', '5. ; 354. DO.MINMON COXVEYANCEll. ; St;':- • i ?! I- ■iii ^ , ' |-;,j %' 1 i ane made, and that may be chargeable on the said premises, and legally and lawfully demanded there- for, shall be deducted from the rent reserved or to be hereafter reserved, as aforesaid, for the said premises such dower being limited to the ground (and not to ap- ply to the improvements thereon), and the rents, issues and profits thereof, it being hereby clearly admitted and understood that the buildings and improvements to ba LEASES. 3o5 made ami erected on said preinisca, will bo imule and erected by the suid party of the 8econe neglected or refused to be made by the said lessor, or liis legal representatives : and that, at the expiration of the term hereby created and provided for under the con- tingencies aforesaid, the original and first provisions and conditions contained in these presents shall then again operate and be in full force and effect. And the said party of the first part further covenants, that he, his heirs and assigns, will at any time within five years from the date hereof, upon payment by the said lessee, his execu- tors, administrators or assigns, unto him or them, of the sum of of lawful money of Canada, execute a deed, 'n fee simple, of the premises -hereby demised, unto the said party of the second part, his heirs and assigns, or as he or they may direct or appoint. In witness, etc. Signed, sealed, etc. LEASES. 357 FORM 890. Lease of Oil Lands, This Indenture, made the day of , A. D. 18 , in purauance uf the Act respecting Short Forms of Leases, Between WITNESSETH, that in consideration of the moneys, rents, royalties, covenants, conditions and agreements hereinafter reserved and contained on the part of the said party of tlie second part, his executors, administrators and assigns, to bo paid, olwerved and performed, they the said parties of the tirst part have demised and leased, and by these presents do demise and lease unto the said j>arty of the second part, executors, administrators and assigns, the lands following, namely : all and singular that certain parcel or tract of land and premises situate, lying and being in the township of in the county of and province of being composed of reserving thereout unto the said lessors, their executors, administratoi-s or assigns, a right of way in, over, out of, upon and across the said demised premises, with their servants, cattle, hoi*ses, waggons, carts, and vehicles : To have and to hold the said demised premises for and during the term of years, to be computed from the n un'lcr the said premises hereby demised; with the rijjht to erect a derrick or derricks, buildiu;^ o," Imildinfjs, which lie or tliey ma}* find necessary for (hilling-, Iwirin;;, pumpinjj or nininfj as aforesui*!, and for stoi-ing the products, and for all other purposes coiniected therewith ; and are to have and to hold any such petroleum, oil, salt or other substance so found and obtained to himself, his heiis, executors, administrators and assij^ns (except as hereinafter mentioned), with liberty at all times to remove the same ; yielding an(l paying therefor unto the sairricks, and all thinga necessary for the same, and will C(»ntinue ami prosecute the said well or wells, with all earnest zeal, diligence and vigor and to com])letion, and until the s.iid well or wells shall have Wen well and properly tested; and that the said lessors, their agents or jiSsigns, may have access at any and all times to the Ixioks an:: M i mt' 3sequont paynu'nts to be made in ad\ance on or befom tlie first day of in each and every year there- after, with the riiijht of renewal of said lease for a further tenii of ten years at the same rental if the ternis, rei|iiire- ments, provisions and conditions herein contained havo been performed and fulfilled on the part of the said lessee, his executoi*s, administratoi's or assigns, and tberoafter with the further right of renewal for a term of twenty years on such terms ami conditions, and with such reijuire- ments and provisions, and at such rent as may bt; provided ! v law or the regulations now in force, or wliieli shall I U I i ; » :IM r<' w^ 862 DOMINION CONVEYANCER. m >'< m ! hereafter be made ; and so from time to time the said L'fuse may be i*enewed at the expiration of cvei*y twenty years ; subject, nevertheless, to the reservations, provisoes, terms and conditions contained in The Mines Act, 1892, and reserving unto us, our lieira and successors, all pine trees standing or being on such lands as provided by sections 17 and 18 of the said Mines Act, and also saving, excepting and rf;serving unto us, our heirs and successor the free use, r>assMge anenditure to consist of hilnnir aetuallv I'erformed bv <'rv)wn men at the rate of two dollaj-s and a-ha!f ])er day, or of payment therefor, or for explosives or other mijiing material for use on the said parcel of land, and shall also observe and perform such other conditions as have been or may hereafter be pre- LEASES. 8G3 scribed by regulations by our Lieutenant-Governor in Council. Provided that in default of compliance with any of the above terms, reciuirements, provisions and ccmditions, or of payment of rent as aforesaid during the said term, the land, mines and minerals, with the right of access thereto and removal therefrom and all mining rights upon, under or connected with such parcel of land, and every clause, matter and thing herein contained sliall revert to and become the property of and be vested in us, anything lierein contained to the contrary notwithstanding. But the lessee maj' defeat the forfeiture by payment of the full amount of rent within ninety days from the date hereinbefore appointed for payment thereof, and unless the whole rent is paid within ninety daj's from the appointed day the lease shall be absolutely forfeited and void, any statute, law, usage or custom to the contrary notwithstanding, and all claims of any and every kind and and description of the lessee , or executoi-s, adminis- tratora or assigns shall after such last-mentioned period forever cease and determine. Provided however, that the said lessee , executora, administrator or assigns on the termination hereof for whatever cause and within three months mav, if all claims for rent and royalty have been duly satisfied and all terms, requirements, provisions and conditions hereof have been duly fultilled, remove from the said parcel of land all engines, tools, machinery, railway' tracks and structures which he or they may have placed or erected thereon, l>ut shall not remove or impair any supports placed in the mine nor any timbei's or frame-work necos.sary to the use and maintenance of shafts or other approaches to the mine, or tramways and laddera within the mine, or any other article, matter or thing the removal whereof might cause the said mine to fall, cave in or give way : in default whereof such plant, machinery, tracks anil stiuctures shall be ipso facto forfeited. I'l f i M i ■ ! I ^ ',• 1 ; i i t 304 DOMINION CONVEYANCER. in Provided also, that all ores and minerals won, raised or taken from the said land after seven yeara from the date- hereof shall be subject to a royalty as provided by the fourth section of The Mines Act, 1892, or as may or shall' be imposed by any Order in Council or regulation made thereunder or by virtue thereof, but so as not to exceed the rates imposed by the statute now in force, or which may be imposed thereunder by Order in Council or regu- lation; such royalty to be payable to the Treasury Department on or before the twentieth days of April, July, October and January of each year during the period hereinbefore prescribed, or during the said term or terms, or until this lease shall be cancelled, for all the mineral, ore or metal mined and removed from said land during the three months preceding the first day of the month in which the payment is to be made as aforesaid ; and the lessee , executors, administrutoi's or assigns shall, at tht! time of such payment, transmit to the Commissioner i)i CrovvMi Lands en exact and truthful statement of the ainount of mineral, ore or metal removed during the three months for which such payment shall be made, verified by the statutory declaration of sel , or the manager or other officer having the charge, control and direction of the works, and by such other person or in such other way as may be reriuired hy any order, demand or regulation in that behalf ; but the commissioner shall possess the right by a duly authorizi'd officer or agent to inspect, revise and tost the correctness of such statement at any time and in such manner as may seem proper to adopt, it being umlei-stood that any errors in these ivspects when asco»tained shall lx> recognized and corrected; and we do n^servf !vner or necessary assistants at all reasonable times during the said ierm quietly to enter into and upon tlie said land, mines and premises, and into all buildings erected ther»;on and any part thereof, and to survey and examine the state \ 1 f'Mi M 'I ,t t f \i M i .]' lljlii!' scs DOM I N'lOX C( )X V K YAXCER. f! L and condition tlier(M)f mid of all mines tliereon, and for the puii)OHo uforesaid, to doscond all pits and shafts and to ent^>r into and to use all adits, lovuls, galleries, drives and excavations, and to use all roads, ways, engines, ropes, machinery, gear, appliances, materials, lalx>ur and other things in and on the said land and mine which shall be by him deemed necessary, without making any compensation for the same, so nevertheless that in so doing no unneces- sary interference is caused with the carrying on of the said mining works. 6. And shall and will pay all provincial, municipal and other taxes upon the said lands so leased which may be assessed either against such lands and the improvements thereon, or the mineral, ore or metal, the product thereof, or any personal property in said mines, during the con- tinuance of this lease in the same way and to the same extent as if the land herein leased were owned in fee by the said lessee , executors, administrators or assigns. 7. And shall and will during the said term, open, use and work the said mine and premises in such manner only as is usual and customary in skilful and proper mining operations of similar character when conducted by pro- prietors themselves on their own lands, and shall keep and preserve the said mines and premises from all avoidable injury or damage, and also the levels, drifts, shafts, water-coiu'ses, i-oads, ways, works, erections and fixtures therein and thereon in good repair and condition, except Buch of the mattera and things last aforesaid as shall from time to time be considered by the Mining Inspector or other officer properly authorized by the Commissioner of Crown Lands to inspect and report upon such matters and things to be unnecessary for the proper working of the said mine or any contiguous mine, but so that no supports placed in the mine nor any timbers or frame- work necessary to the use and maintenance of shafts or other approaches to the mine or tramways within the mine shall be removed LEASES. 30i) or impaired, and in such state and condition sliall and will at the end or sooner determination of the saiil term ^9) W %^ h^ ii^ ^p i 11 1 31! i 370 DOMINION CONVEYANCER, i In ■ii APPLICATION FOR REGISTRATION OF NOTICE OF LEASE, OR AGREEMENT FOR LEASE. FORM 393. LaTul Titles Aet. C D., of, etc., being interested in the land entered in the register for as parcel , of which A, B. is the registered owner, by reason of a lease {or agreement for a lease), the particulars of which are stated in the schedule annexed hereto, hereby requires the master of titles to enter a notice of the said lease {or agreement) upon the register, in the terms following, that is to say : (here state the terms of notice agreed upon, and which must be a concise notice merely). A. E,, the registered owner of the above land, concurs in this application. Tlie ad ^.f of the said C. D. for service is {here give addres>f). Dated this day of , 18 . Witness to the signature of C. D. ^{Signatures of C. D. Witn-^ss to the signature of A. B. J and A. B.) SCHEDULE. {Here insert, shortly, particulars of the lease or agree- ment for a leOfSe.) i. mechanics' lien. 871 MECHANICS' MEN. (B. S. O. 1887, 0. 126). FOBM 394. Claim of Lien. \ A, B. {name of claimant), of {here state residence of claimant), (if so, as assignee of, stating name and residence of assignee), under the Mechanics' Lien Act, claims a lien upon the estate of {here state the name and residence of owner of the land upon which the lien is claimed), in the undermentioned land in respect of the following work (or materials), that is to say : {here give a short description of the nature of the work done, or materials furnished, and for which the lien is claimed), which work was {or is to be) done {or materials were furnished) for {here state the name and residence of the person upon whose credit the ■ work is done or materials furnished), on or before the.- day of The amount claimed as due {or to become due) is the sum of $ . The following is the description of the land to be charged {description of the land to be charged, sufficient, for the purpose of registration). When credit has been given, insert: 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 . {Signature of Claimant) / : i 11 '■■\ I! I :;•> ■ i^i! ' II 372 DOMINION CONVBYANCER. FORM 395. Claim of Lien for Wages. A. B. (name of claimant), of (here state residence of claimant), (if so, as assignee of, stating name and residence of assignee), under the Mechanics' Lien Act, claims a lien upon che estate of (here state the name and residence of the owner of land upon which the lien is claimed) in the undermentioned land, in respect of days' work performed thereon while in the employment of (here state the name and residence of the person upon whose credit the work was done), on or before the day of . The amount claimed as due is the sum of $ The following is the description of the land to be charged (here set out a concir" .description of the land to be charged, sufficient for the purpose of registration). Dated at , this day of ' (Signature of Claimant) FORM 396. Claim of Lien for Wages by Several Claimants. The following persons, under the Mechanics' Lien Act, clfttm a lien upon the estate of (here state the name and residence of the owner of land upon which the lien is filaimed) in the undermentioned land, in respect of wages for labour performed thereon while in the employment of (here state name and residence, or names and residences of «mployeni of the several persons claiming the lien). MECHANICS USN. ^8 days' wages, clays' wages, days' wages. A. B., of (residence), $ , for C. D., of (residence), $ , for E. F., of (residence), $ , for The following is a description of the land to be charged : (here set out a eoncise description of the land to be cbatged, sufficient for the purpose of registration). Dated at , this day of (Signatures of the several ClaimcmUf}. FORM 397. i 1 Ajffldavit Verifying Claim. I, A. B., named in the above (or annexed) 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, A. B. and C. D., named in the above (or annexed) claim, do make oath, and each for himself saith, that the said claim, so far as i elates to him, is true. (Where affidavit made by agen: or assignee, a clause must be added to the following effect : I have full knowledge of the facts set forth in the above (or annexed claim). Sworn before me, at , in the county of , this day of , A.D. 18 . Or, The said A. B. and C. D. were severally sworn before me at , in the county of , this day of , A.D. 18 . Or, The said E. D. was sworn before me at , in the county of , this day of , A.D. 18 . ;f if . .-; • pj •: (.: 't\ ■■mw \ I' 874 DOMINION CONVEYANCER. If FORM 398. Notice by Sub-Contractor under Section 11 to the " Owner." To (tJie owner) : Take notice that I have been employed by (name of the contractor by whom employed) to do work as a on (or tp'supply materials for) the building being erected {or erected) on (give description of the property by lot and plan) and that the said contractor is indebted to me for 8uch work (or materials) in the sum of $ , which remains unpaid, and I claim a charge therefor on all moneys due by you to the said contractor. Dated at , this day of , 18 . A. B., (The Sub-Contractor.) FORM 399. Discharge of Lien, (section 26). 1 (Name in full of lienholder), of the of the county of , acknowledge to have redeived from (name of person making payment), of the of in the county of in full discharge of my mechanics' lien as a contractor (or as the case may be) upon lot no etc. (description of land as in the lien), which lien was registered in the Registry office for the of in liber as No. Dated this day of 18 . Witness } A.B. (Lienholder). mechanics' lien. FORM 40i). 875 A^davit of Execution of Discharge of Lien. County of 1 In the matter of the Mechanics' To wit .J Lien Act. I of the of in the county of {occupation), make oath and say ; (1)1 was personally present, and did see the above writ- ten discharge of lien duly signed and executt^d by (2)ThatIknowthesaid of lien was so executed at Sworn before me at the of . in the county of this day of 18 , A Comm. etc, , and the said discharge Signature. FORM 401. notice of 8aU of Chattels under Section 32. Whereas {name of person indebted) is indebted to the undersigned in the sum of S , for work done {or materials supplied) in the repair of , 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 the day of ,18 , at {place where sale to be had), the said {chattel) will be sold by {auctioneer), by public auction. Dated at this day of , 18 . {Signature.) 'I! J, f l\ (! V, II ■ f.\ 876 DOMIXION CONVEYANCEIL FORM 402. Woodman's Lien for Wages. (Statement of Claim of Lien under 54 V. o. 22.) A. B. (name of claimant), of (here state residence of claimant), (if so, as assignee of, state name and address of assignor), under The Woodmans' Lien for Wages Act, claims a lien upon certain logs or timber of (here state the name and residence of the owner of logs or timber upon which the lien is claimed, if known), upon the logs and timber composed of (state the kinds of logs and timber, such as pine saw-logs, cedar or other posts, or railway ties, shingle-uolts, or staves, etc. ; also, where situate at time of filing of statement), in respect of the following work, that is to say: (here give a short description of the work done, for which the lien is claimed), which work was done for (here state the name and residence of the person upon whose credit the work was done), between the day of , at (per month or day, as the case may be). The amount claimed as due (or to become due) is the sum of {where credit has been given, the said work was done on credit, and the period of crc lit will expire on the day of ). Dated at , this day of , A.D. (Signature of Claimant.) FORM 403. Affidavit to he Attached to Statement of Claim. I, , make oath and say : that I have read (or have heard read) the foregoing statement of claim, and I say, that the facts therein set forth are, to the best of my knowledge and belief, true, and the amount claimed to be due to me in respect of my lien is the just and true amount i ;i t. mechanics' likn. 377 due and owing to me in giving credit for all sums of money for goods or merchandise to which the said (naming the debtor) is entitled to credit aa against me. Sworn before me in the district of this day of 18 . A Comm., etc. 1 1*1 {•i'l r^ * \ \h\ ' ♦ .i ,. { i I 878 DOMINION CONVEYANCER. MORTGAGES. FOBM 401. 9 J Charge, (»' Mortgage, with Bar of Dower. LAND TITLES ACT. I, A. B., the undersigned owner of the land, entered in the office of Land Titles, at , as parcel , in the register for , in consideration of paid to me, charge such land with the payment to C. D., of, etc., on the day of , 1^ , of the principal sum of $ , with interest at the rate of per cent, per annum, and with a power of sale to be exercised after default, and months' subsequent notice of the intention to sell, (or, as the case may be), (add any covenants which are agreed to and are not implied under the Act or otherwise). I, E. B., wife of the said A. B., hereby bar my dower in the said land. This charge is made in pursuance of " The Act Respect- ing Short Forms of Mortgages," where it is desired that the covenants, etc., should operate under that Act. Dated the Witness, X. Y. day of 18 . (Signatures of A. B. and E. B.) (No seal necessary.) [Note. — If no interest is to be payable, or no power of sale given, «abstitute the words " without interest," or " without a power of sale,*' •8 the case may be.] iU HORTOAOES. 379 1 1' FORM 403 Mort(f(i()e, common Form. This Indenture, made (in duplicate the day of A. D. 18 , in pursuance of the Act respecting Short Forms of Mortgages, Between hereinafter called the mortgagor of the fii-st part; his wife of the second part; and hereinafter called the mortgagee, 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 acknow- ledged,) the said mortgagor do grant and mortgage unto the said mortgagee heirs and assigns for ever: All and singular the certain parcel or tract of land and premises situate, lying and being the said party of the second part hereby bars her dower in the said lands. Provided this mortgage to be void on payment of lawful money of Canada, with interest at per cent, per annum, as follows: — and taxes and performance of statute labour. The said mortgagor covenant with the said mort- gagee that the mortgagor will pay the mortgage money and interest, and observe the above proviso. That the mortgagor ha a good title in fee simple to the said lands ; and that he ha the right to convey the said lands to the said mortgagee ; and that on default the said mortgagee shall have quiet possession of the said lands, free from all encumbrances. And that the said mortgagor will execute such further assurances of the said lands, as may be requisite. And that the said mortgagor ha done no act to en- cumber the asid lands, 1 -u f 1: I'i t t. n\ 41 ! 1 880 DOMINION CONVEYANCER. And that the said inort^ajjor will inHiire the buildingM on the HaiJ lands to the amount of not less than dollars currency. And the said mortgagor do release to the sard mort- gagee all claims upon the said lands, subject to the said proviso : Provided that the said mortgagee in default of pay- ment for months, may, upon giving notice in writing, enter upon and lease or sell the said lands; provided that the mortgagov. may distrain for arrears of interest ; provided that in default of the payment of the interest hereby secured the principnl hereby secured shall become payable ; provided that until default of payment the mortgagor shall have quiet possession of the said lands. In witness whereof, etc. Signed, sealed, etc. :r !|i: FORM 406 Short Form Mortgage. This Indenture, made (in duplicate) the day of A. D. 18 , in pursuance of the Act respecting Short Forms of Mortgages, Between 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 acknow- ledged), the said mortgagor do grant and mortgage unto the said mortgagee heirs and assigns for ever : All and singular, th certain parcel or tract of land and premises. Provided this mortgage to be void on payment of of lawful mmey of Canada, with interest at per cent, per annum, as follows ; and taxes and performance of statute labour. I ii!ii MOUTdAOES. 381 The said mortajyor covcimiit with the Raid mort- gagee that the mortgagor will pay the mortgage money and interest and observe the above proviso ; That the mortgagor ha a goonety of ected by )utinues, therwise standing to such FORM 417. Mortgagee — Solicitor. Provided always, and it is hereby agreed, that the fact of the said mortgagee, or of any other person for the time being entitled to the benefit of this security being a- solicitor, shall not prevent him from advising and trans- acting business in relation hereto, or to the premises hereby conveyed, and from being entitled to charge the said mort- gagor, his heirs, executors, administrators and assigns, for such services the usual and accustomed costs and charges as between solicitor and client, and that until payment all moneys, which shall become due in respect of such services as aforesaid, with interest thereon as from the time when the same shall respectively have become due, shall be charged upon the premises in like manner as the said prin- cipal and interest hereby secured. ■n^ .1' £ 1,1 I l;i 888 DOMINION CONVEYANCER. FORM 418. Expenses of Sale to be added to Mortgage. And the said mortgagor covenants with the said mort- gagee that he, the said mortgagor, his heirs, executors or administrators will on demand re-imburse the said mort- gagee, his executors, administrators, or assigns, all expenses under the powers, or any of the powers herein contained* together with interest at the rate aforesaid on all moneys 80 expended, and that such expenses together with said interest, shall constitute a charge on the premises hereby conveyed, such charge to be enforceable by the same means and in the same manner as in the case of the principal and interest hereby secured. FORM 419. Stipulation as to Title on Sale. Provided that, in addition to the powers and discretions provided by the said Short Forms Act (or said Act re? meet- ing Short Forms of Mortgages), and still in pursuance thereof, such sale as aforesaid may be subject to any stipulations as to title or evidence, or commencement of title or otherwise which the mortgagees shall deem proper ; with full power to buy in, or rescind or vary any contract for sale and to resell without being responsible for any loss occasioned thereby. FORM 420, Further Power Clause. Provided f u rther that on two months' default as afore- said, the said mortgagee, his executors, administrator- ; assigns may, without any notice whatsoever, exerci»»o ' : powers conferred by clause 14, Schedule B, of R. S. O. ic j" c. 107. r^il ( Sit ■/ rm MORTGAGES. 889 FORM 421. Another Power Clause. Provided, that the said mortgagee on demand of pay- ment for months', may on notice enter on and lease or sell the said lands ; and it is hereby agreed and declared that this power of sale shall have the meaning ascribed to it by clause fourteen in Schedule B to the Act respecting Short Forms of Mortgages. [ Where the mortgage is hy sub-demise add : And it is hereby also declared that after any sale made under the aforesaid power, the said mortgagor, his executors, administrators and assigns shall stand possessed of the premises sold for the last day of the term granted by the hereinbefore recited indenture of lease, in trust for the purchaser, his executors, administrators and assigns, and to be assigned and disposed of as he or they may direct.] FORM 422. -; Acceleration of Power of Sale. Provided also that if the said mortgagor shall become insolvent or enter into any composition with his creditors,, then and in such case the mortgagee's power of sale under or by virtue of these presents shall forthwith and without the necessity for any notice or demand for payment what- soever, and still with the benefit of clause 14, Schedule B, of R. S, 0. 1887. & 107, become exercisable. rr«?« FORM 423. Mortgage to Secure Future Advances. This Indenture, made (in duplicate) the day of A. D. 18 .in pursuance of the Act respecting Short Forms of Mortgages: if -^ u 890 DOMINION CONVEYANCER. Behveen hereinafter called the mortgacror, of the first part ; his wife, of the second part ; and hereinafter called the mortgagee, of the third part ; Whereas the mortgagee has advanced to the said mortgagor, value to the amount of dollars, and it has been agreed for further advances and the mortgagor hath agreed to secure the mortgagee (for the present debt of and also for further debts to the said mortgagee, whether the same be notes or book accounts owing by the mortgagor) by the lands hereinafter mentioned : WITNESSETH, that in consideration of of lawful money of Canada, now paid by the mortgagee to the mort- gagor (the receipt whereof is hereby acknowledged) and also in consideration of further advances by the mortgagee to the mortgagor, the mortgagor doth grant and mortgage unto the said mortgagee, his heirs and assigns forever, all and singular th certain parcel or tract of land and premises, situate, lying and being in the Provided this mortgage to be void on paymeuc of dollars, of lawful money of Canada, with interest at per cent, and all further advances by the mortgagee to the mortgagor as follows: and taxes and performance of statute labour. Provided that in default of the payment of the interest hereby secured, the principal hereby secured shall become payable. The mortgagor covenants with the mortgagee, that the mortgagor will pay the mortgage money and interest, and all further indebtedness of the mortgagor to the mortgagee, whether by note or account, and observe the above provisoes. And 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 mortgagee. MORTGAGES. 391 And that on default the mortgagee shall have quiet possession of the said lands, free from all incumbrances. The mortgagor covenants with the mortgagee that this mortgage shall also form and be a security to the mort- gagee for future debts of the mortgagor to the mortgagee. And that the mortgagor will execute such further assurances of the said lands as may be requisite. And that this mortgage shall form a charge and claim against the aforesaid lands for all lawful indebtedness of the mortgagor to the mortgagee, whether due or becomiig due. And that the mortgagor doth release to the mortgagee all his claims upon the said lands subject to the said proviso. Provided that the mortgagee on default of payment for one month may, without notice, enter upon and lease or sell the said lands. Provided that the mortgagee may distrain for arrears of interest. And the said party of the second part hereby bars her dower in the said lands. Provided that until default of payment the mortgagor shall have quiet possession of the said lands. And that this mortgage shall not be discharged until all lawful debts of the mortgagor to the mortgagee are fully paid and satisfied. In witness, etc. Signed, sealed, etc FORM 424. Mortgage — Special Form. This Indenture, made (in duplicate) the day of A. D. 18 , in pursuance of the Act respecting Shoi*t ForuH of Mortgages : Between ^f W ; !i ill hi \ \ I V 392 DOMINION CONVEYANCER. mm WITNESSETH, that in consideration of of lawful money of Canada, now paid by the said mortgagee to the said mortgagor , tlie receipt whereof is hereby acknowledged, the said mortgagor do grant and mort- gage unto the said mortgagee heirs and assigns for ever, all and singular To HAVE AND TO HOLD the Same with the appurtenances unto and to the use of the said mortgagee heirs and assigi's for ever, subject to the proviso for redemption thereoi' hereinafter contained. Provided this mortgage be void on payment of of lawful money of Canada, with interest at per cent, per annum, as follows : and taxes, and performance of statute labour ; the said mortgagor covenant with the said mortgagee that the mortgagor will pay the mort- gage money, and interest, and observe the above proviso ; that the mortgagor ha a good title, in fee simple, to the said lands ; and that ha the right to convey 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 ha done no act to incumber the said lands ; and that the said mort- gagor will insure the buildings on the said lands to the amount of not less than currency; and the said mortgagor do release to the said mortgagee all claims upon the said lands, subject to the said proviso. And it is hereby declared and agreed by and between the said parties hereto, that in case the said interest shall not be paid on the days and times hereinbefore appointed for payment thereof, then and so often as the same shall be in arrear, interest shall become due and payable thereon at the rate aforesaid, from the time the same shall become due until payment thereof. MOUTGAOES. 393 Provided that the mortgagee on default of payment for may enter on and lease or sell the said landa without notice. And the mortgagee covenant with the mortgagor that no sale or lease of the said lands shall be made or granted by until such time as months' notice, in writing, shall have been given to the mortgagor and the serving or giving of such notice shall be good and effectual, either by leaving the same with a grown up poraon on the said mortgaged premises, if occupied, by or putting up the same on some portion thereof, if unoccupied, or, at the option of the mortgagee , by publishing the same for successive times in some 'iewspaper publisheil iu the Puoviso : that the purchaser shall, in no case, be bound to ascertain that the default has happened under which the mortgii;jfL'o claim to lease or sell, and that the remedy of the moruga^or for breach of the said covenant, shall be in damages only, and the sale under the said power shall not be affected. Provided that the mortgagee may distrain for arrears of interest. Provided that, m default of the payment of any instal- ment of the principal or interest hereby secured, the wholo principal hereby secured remaining unpaid, shall become payable, but the mortgagee may waive right to call in the principal, and shall not be therefore debarred from asserting and exercising right to call in the principal upon the happening of any future default ; provided that, until default of payment, the mortgagor shall have quiet possession of the said lauds. In witness, etc. Signed, sealed, etc hi ■I ■ •III i-j I I ■4 m In f^ SH DOMINION CONVEYAXCEU. 1*1 Mil I , and made between tlie his wife of the secon\vle«l;^e and therefnjin diHcharj^e the said C. D., his heirs, executorH, athninistrators and assiojns for ever, by tlieae presents) ; he the said A. B. doth hereby for hiiinolf, his heirs, executors and aoininia- trators, covenant, promise and agree to and with the said C 1)., his executors, administrators and assigns, that all and singuhir the said freehold, messuages or tenements, land, hereditaments and premises comprised in and conveyed by the hereinbefore recited indenture of mortgage with the appurtenances, shall from henceforth stand and be charged and chargeable with, and be subject and liable to and shall continue and remain vested in, the said C. D., his lieirs and assigns, for securing the repayment as well of the said sum of with interest from the date hereof at the rate, upon the times and in maimer in the covenant of the said A. B., hereinafter contained, specified and set forth as of the said sum of and interest by the said indenture of mortgage secured and male payable, and that the said premises or any part thereof shall not be redeemed or redeemable at law or in equity (or otherwise) until full payment to the said C. D., his executors, administrators or assigns not only of the said principal sum of so lent and advanced and secured by the hereinbefore I'ecited Indenture of Mortgage as aforesaid, and the interest to be- come due thereon respectively, but also of the said principal sum of this day lent, advanced and paid as aforesaid, and the interest thereof, according to the covenant herein- after contained, anything in the hereinbefore recited Imlen- ture of Mortgage to the cantrary thereof notwithstanding. And the said A. B., doth hereby for himself, his heirs, executors and administrators, further covenant, promise and agree to and with said C. D., his executors, administra- tora and assigns that he, the said A. B., his heirs, executors, administrators or assigns, shall and will, on or before the day of which will be in A. D. 18 , well and truly , 'I' \h I.; I: ill \$ m 396 DOMINION CONVEYANCER. ,ri:|l!. pay or cause to be paid unto the said C. D., his executors administrators or assigns, the said sum of together with interest thereon from the date hereof in the meantime, at the rate of six per cent, per annum, half yearly on the days of and until the said principal sum is fully paid and satisfied, such interest to commence and be computed from the day of the date hereof; and the first pay- ment of interest to become due and be made on the day of next, without any deduction, defalcation or abatement thereout, for or in respect of any taxes, charges or assessments on the said land and premises, the said sum of money, or the said party of the second part or otherwise howsoever. And it is hereby agreed and declared between the said parties hereto, that all and singular the trust* powers, remedies and provisions by the hereinbefore recited Indenture of Mortgage, given to or vested in the said C. D., his heirs, executors, administrators or assigns shall extend and be applicable to the securing and paying to the said C, D., his executors, administrators and assigns as well of the said sum of and interest, this day lent and advanced, as also of the said sum of and interest thereon as aforesaid. And further, that if default shall be made in payment of the said sum of and interest or any part thereof, at the times hereinbefore appointed for payment thereof, he the said A. B., and his heirs and all persons claiming any ijiterest in the said premises in trust for him or them, shall and will at the request of the said C. D., his executox's, administrators or assigns, make, do execute and perfect all such further acts and deeds for the better securing the repayment of the said principal sum of and interest, and for more effectually chargin::^^ the said premises, with the repayment thereof, as by the said C. D,, his executors, administrators or assigns, or his or their counsel in the law shall be reasonably devised, advised, or req lired. And the said A. B, lastly, hereby covenants with the said C. D., to insure the said premises in the sum MORTGAGES. 307 of and assign the policy of insurance in the manner, upon the terms and subject to the provisions, conditions and stipulations in eveiy respect in the said recited inden- ture of mortgage, specified and set forth in lieu of the said sum of thQrein mentioned as to be insured upon the said premises. In witness, etc. Signed, sealed, etc. •i! ' I? nm the FORM 426. Mortgage to Building Society, This Indenture, made in duplicate the day of A. D. 18 , in pursuance of the "Act respecting Short Forms of Mortgages," Between of hereinafter called "the mort- gagor," of the first part ; The Permanent Loan and Savings Company, hereafter called "the company," of the second part ; and wife of the said mortgagor, of the third part, WITNESSETH, that in consideration of dollars now paid by the company to the mortgagor (the receipt where- of is hereby acknowledged), the mortgagor doth grant and mortgage unto the company forever provided this mortgage to be void on payment of in equal instalments (being) (on account of principal and) (on account of interest) «^'^ the fii-st day of the month of in each year during the term of years. The first of said payments to become payable on the first day of eighteen Imndred and together with all fines imposed by the company on the mortgagor on account of default in payment according to the company's rules, and taxes and performance of statute labour. Provided that on default of payment for months of \i I.' ! ^ ' i 1 III 398 DOMINION CONVEYANCER. •' i' "■"' 'I f I! any portion of the money hereby secured the whole of the instalments hereby secured shall becorie payable. The mortgagor covenants with the company, 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 ; that he has the right to convey the said lands to the company ; that on default the company shall have quiet possession of the said lands, free from all incumbrances ; that the mortgagor will execute such further assurances of the said lands as may be requi- site ; that the mortgagor has done no act to encumber the said lands ; that the mortgagor will insure the buildings on the said lands to the amount of not less than dollars. And the parties of the first and third parts do release to the company all his, her or their claims upon the said lands subject to the said proviso. Provided that the company, on default of payment for months?, may, without any notice, enter upon and lease or sell the said lands for cash or credit. Provided that the company may distrain for arrears of instalments. And the said party of the the third part, the wife of the mortgagor, hereby bars her dower in the said lands. The mortgagor agree, that neither the execution nor registration of this mortgage shall bind the company to advance the moneys. And it is hereby declared, that in case the company satisfies any charge on the lands, the amount paid shall be payable forthwith with interest, and, in default, the power of sale hereby given shall be exercisable, and in the event of the money hereby advanced or any part thereof being applied to the payment of any charge or incumbrance, the company shall stand in the position and be entitled to all the equities of the person or persons so paid off. In witness, etc. Signed, sealed, eta MORTGAGES. 39& FORM 427. Mortgage to Building Society, Covenant not to Sue upon. This Indenture made the, day of A. D. 18 , Bet^veen a. B. etc., trustees of the Building Society, of the one part, and C. D., of of the other part. Whereas by Indenture bearing date the day of A. D. 18 , and made between and the said C. D., of the part ; All and singular that certain par- cel or tract of land and premises situate, lying and being was granted, bargained, sold and conveyed to the said heirs and assigns forever. And whereas by indenture of mortgage dated the day of A. D. 18 , and made between the said C. D. of the one part, and the said A. B, etc., trustees of the Benefit Building and Investment Society of the other part, the ground, messuages and premises comprised in and conveyed by the said hereinbefore recited indenture, were conveyed to the said trustees, their successors and assigns for ever ; but upon the trust and subject to the provisoes therein contained, being trusts and provisions for secux'ing the due and regular payment by tne said C. D., his heirs executors, administrators and assigns, of all subscription moneys, fines, and other payments due and to become due and payable to the said society on or in respect of the shares of the said C. D. in the said society (which in the now said indenture of mortgage are stated to have been advanced to him immediately before the execu- tion thereof), or otherwise as a member of the said society by the said C. D., his heirs, executors, administrators and assigns. And whereas the shares of the said C. D. in the said society have been transferred to E. F. of gentlemani and the messuages and premises comprised in and conveyed by the said firstly hereinbefore recited indenture have been !i4 i i 1 i ! V! '1 t 1 X' 1 tr .'."1 s I!' i 400 DOMINION CONVEYANCER. hy inp'^'e (in duplicate) the day of A. D. 18 , in pursuance of the " Act respecting Short Forms of Mortgages," Between Whereas the said Mortgagee ha endorsed the several Promissory note of the said mortgagor for the sum of of lawful money of Canada cop of which hei'eunto annexed and marked respectively and whereas, the said mortgagor ha agreed to execute these presents for the purpose of indemnifying and saving harmless the mortgagee from the payment of the promis- S(jry note or any part thereof, or any note or notes hereafter to be endorsed by the said mortgagee for the accommo- dation of the said mortgagor by way of renewal of the said recited note or any interest to accrue thereunder, or otherwise howsoever. WITNESSETH, that in consideration of the premises, and oi' the sum of one dollar of lawful money of Canada, now paid by the said mortgagee to the said mortgagor (the receipt whereof is hereby acknowledged), the said ♦ H.D.C.— 2" iV. i '1 ■ ;u' :hJ* "i'l • 1 ij? 1 ; '•ii » mm ill ill '■' 'If ib 3 ;!■ I flip 402 DOMINION CONVEYANCER. mortgagor do grant and mortgage unto the said mort- gagee, heirs and assigns for ever, all and singular th certain parcel or tract of land and premises situate, lying and being Provided this mortgage to be void on payment by the said mortgagor of the said promissory note or any re- newals of the same, and saving harmless the said mortgagee from all loss, costs, charges, damages or expenses, in respect of the said note or renewals, and shall pay or cause to be paid the said promissory note so as aforesaid, endorsed by the said mortgagee cop whereof hereunto annexed, and shall pay or cause to be paid all and every other note or notes which may hereafter be endorsed by the said mort- gagee for the accommodation of the said mortgagor by way of renewal of the said note and all interest in respect thereof, or otherwise, then these presents shall cease and be utterly void, and taxes and performance of statute labour. The said mortgagor covenant with the said mort- gagee that the mortgagor will observe the above proviso : That the mortgagor ha a good title in fee simple to the said lands ; and that he ha the right to convey 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 ha done no act to in- cumber the said lands : And that the said mortgagor will insure the build- ing on the said lands to the amount of not less than currency ; And that the said mortjjaoror do release to the said mortgagee all claims upon the «aid lands, subject to the said proviso. m MORTGAGES. 403 Provided that the said mortgagee on default of pay- ment of any one of the said promissory note by tlie said mortgagor for months may, without notice, enter on and lease or sell the said lands ; provided that the mort- gagee may distrain for arrears of interest ; provided that on default of the payment of the interest hereby secured » the principal hereby secured shall become payable; provided that until default of payment the mortgagor shall hava quiet possession of the said lands. In witness whereof, &c. Signed, sealed, &c. FORM 429. Mortgage of Lease. This Indenture, made (in duplicate) the day of A. D. 18 , in pursuance of the "Act respecting Short Forms of Mortgages." Between hereinafter called the mortgagor of the first part ; hereinafter called the mortgagee of the part. ! Whereas, by a certain lease dated the day of one thousand eight hundred and made between the said lessor therein named did demise and lease unto all and singular th certain parcel or tract of land and premises situate, lying and being Now THIS Indenture witnesseth, that in considera- tion of the sum of of lawful money of Canada now paid by the said mortgagee to the said mortgagor (the receipt whereof is hereby acknowledged), the said mort- gagor do grant and moi'tgage unto the said mortgagee, executors, administrators and assigns, all and singular,, the said above described parcel of land, and premises comprised in, and demised by the said hereinbefore in part 1 P I 404 DOMINION CONVEYAXCKR. r I' i l! i recited lease together with thesiiid lease, and all benefit und advauta;^e to be derived therefrom : To have and to hold the same, together with all houses and other buildings, easements, privileges, and appurtenances thereunto belong- ing, or appertaining unto the said mortgagee, 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 all other the estate, term, right of renewal (if any), and other the interest of the said mort- gagor therein or thereto, subject to the payment of the rent and the observance and performance of the lessee's covenant and agreements in the said indenture of lease reserved and contained, Provided, this mortgage to be void on payment of the full sum of dollars of lawful money of Canada, with interest thereon at per centum per annum, on the days and times following, that is to say: — and taxes and performance of statute labour: ' The said mortgagor covenant 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 said mortgagor ha the right to convey 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 except as aforesaid And that the said mortgagor will execute such further assurances of the said lands as may be requisite And that the said mortgagor ha done no act to en- cumber the said lands. MCRTQAGES. 405 And that the said mortgagor will until default in pay- ment of the said principal money or interest pay and perform the rent and covenants reserved and contained in said lease, and that the said mortgagor will insure the buildings upon said laud to the amount of not less than currency: And the said mortnracror do release to the '^O^O said niOrt- gagee all claims upon the said lands subject to the said proviso : Provided that the said mortgagee in default of payment for months may giving notice enter on, lease or sell the said lands. Provided that the mortgagee may distrain for arrears of interest: provided that in default of payment of the interest hereby secured, the principal hereby secured shall become payable : provided, that until default of payment the mortgagor shall have quiet possession of the said lands : In witness whereof, &c. Signed, sealed, &;c. i; ^^■K FORM 430. Mortgage of a Life Policy. This Indenture, made the day of A.D. 18 , Between of hereinafter called the mort- gagor, of the one part, and of hereinafter called the mortgagee, of the other part. In consideration of paid by the said mortgagee to the said mortgagor, WITNESSETH as follows : 1. The said mortgagor covenants, that he, his heirs, executors or administrators, will on the day of pay to the said mortgagee, his executors, administrators, or assigns, the said sum of with interest at the rate of per cent, per annum. ? ' i 406 DOMINION CONVEYANCER. ff'i' 2. For the consideration aforesaid, the said mortp^agor assigns to the said mortgagee, his executors and adminis- trators, a policy granted to the said mortgagor, on the day of by the Company, and numbered with all moneys ultimately ' payable thereon, and with power to the said mortgagee, his executors, administrators and assigns, and his and their substitute and substitutes, to recover and give receipts for the premises in the name or names of the said mortgagor, his executors or adminis- trators. 3. Provided that if the foregoing covenant shall be satis- fied, the said mortgagor, his heirs, executors, administrators and assigns, shall be entitled, at hid or their respective costs, to a re-assignment of the premises hereby assigned. 4. The said mortgagor, for himself, his heirs, executors and administrators, covenants with the said mortgagee, his executora, administrators and assigns, that he the said mortgagor is entitled to execute thi^} assignment of the premises, free from incumbrances, ant! that he and all necessary parties will, at the cost of his estate, do all acts required for perfecting such assignment, and effecting the recovery of the premises. 5. The holder or holders of this security may sell or surrender to the said company the said policy or any policies effected in lieu thereof, as hereinafter mentioned, dealing with the same, as regards the purchaser's protection as absolute ownfers thereof. 6. The said mortgagor, for himself, his heirs, executors and administrators, covenants v/ith the said mortgagee, his executors, administrators and assigns, that he the said mortgagor, his heirs, executors and adminijitrators, will pay interest after the rate aforesaid on all principal sums continuing secured hereon by two equal half-yearly pay- ments, on the day of and the day of and will pay the premiums on the said policy when due. and will do or suffer nothing whereby the same may become MORTGAGES. 407 void, voidable or lapsed ; and in any such event will, at his own cost, do all acts required to enable a policy in lieu there- of to be effected ; and will repay to the said mortgagee, his executors, administrators or assigns, on demand, with interest at the rate aforesaid, all costs, charges and expenses incurred by him or them for effecting and keeping up the said policy or any policy substituted for the same as afore- said. 7. Provided, that all the covenants herein contained shall apply to any such substituted policy or policies in the same manner as to the premises hereby assigned. In witness, &c. Signed, sealed, &c. FORM 431. Notice to the Insurance Company of the Mortgage. To the Company, their directors and secretary. [Date and addrea8.'\ Gentlemen, Take notice, that, by indenture dated the day of A. D. 18 , the policy granted by you upon the life of of and numbered , was assigned by him to me to secure the sum of and interest at the rate of per cent, per annum. I am, Gentlemen, Your obedient servant. FORM 432. Mortgage Bond. Know all Men by these Presents, that I, of in the county of and Province of held and firmly bound to both of the of of the am in I- / \ 'i t t ! "'M ^ i 408 DOMINION CONVEYANCER. the county of and Provinc » atV)ros.iiil, es juirea, in tliw sum of of lawful niatioy of Canada, to bo paid to the said or to their certain attorney, exocutoi-H, adminis- trators or assigns ; for the payinuntof which sum, to be well |tnd truly made, I bind myself, my hoirn, executora and administrators, firmly by these presents, sealed with my seal, dated this day of A. D; 18 , Whereas, by Indenture of Mortgage, dated on or about the day of A. D. 18 , and made between of the one part, and the said of the other part, the said for the consideration therein mentioned did coven- ant with the said their executors and adniinistratoi's, that he the said his heirs, executors or admitn'stra- tors, would pay unto the said or the survivor of them, or the executors or administrators of such survivor, their or his assigns. the sum of on the day of A. D. 18 , with interest for the same after the rate of per cent, per annum, on the first day of and in each year. And whereas, before the execution of the said mortgage, the said did require the said and the said did then agree to become personally bound for the due payment of the said interest : Now the condition of this obligation is such, that if the said his heirs, execunra or administrator, should from time to time and at all 4mes hereafter, during the con- tinuance of the said mor^gage, well and truly pay all interest moneys by the said niortgage secured at the days and times and in manner by the said mortgage appointed for payment thereof, then this obligation to be void, other- wise to remain in full force and virtue. Signed, sealed, &c. MoimJAOES. 40!> FOIIM 433. Assent of Subsequent MoH[) T ( I Ml' ' ji 11 MORTGAGE SALE. FORM 440. Notice of Sale. To {names of 'parties entitled). I (or we) (name of mortgagee or person exercising) of the of in the county of , hereby give you notice that demand payment of the sum (state amount) and interest thereon at the rate of per centum per annum from the day of one thousand eight hundved and ninety- , due to the said (m T mortgagee), upon a certain indenture of mortgas- , f vuted by {name of mortgagor) and wife, to (name of mortgagee), dated day of , one thousaii 1 ei':'ht in*. Ired and ninety- , and which mortgage was re^;i ter ;d ^a the registry office for the county of the day of , 189 , for securing payment of (state amount) and interest thereon, as therein mentioned, on the following property, namely, all that (Insert description as in mortgage). And take notice, that unless payment of the said mortgage money and interest, costs, expenses, be made within (one calendar month) from the time of your being served herewith, the said (name of mortgagee) 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 any lease or leases of the same, as the said (name of mortgagee) shall see fit ; and to sell and abso- SOLUTELY DISPOSE of the Said lands and premises, either by auction or private sale, or partly by auction and partly by private sale, as the said (name of mortgagee) may deem iH MORTGAGE SALES. 417 proper, either for cash or upon such terms of credit as {name of mortgagee) may think proper, and to convey and assure the same, when so sold, unto the purchasers thereof, as shall direct or appoint. Dated at this day of , A. D. 18 . (Name of mortgagee). Per {name and address of solicitor). Solicitor for mortgagee. l| FORM 441. Indorsement of Service of Notice. Served a true copy of this notice on personally, at on the day of , 18 . Or served a true copy of this notice on , by delivering to, and leaving the same with , at his residence within this Province, being ; or by posting the same upon the door of his last residence within this Province, being , on day, the day of 18 . (Signed), (Address, etc.) thout any said fofits ^ame, said LBSO- 3rby |y V leem FORM 442. Acknowledgment of Notice. Received this day of , 18 , a duplicate of the within notice. Or I ACKNOWLEDGE to have received notice of sale by (name of mortgagee), oi the premises therein described, and hereby admit service thereof, this day 18 . n n n _Q7 .■i'i>-i 'I' If ; m ■ . >■ m J- 418 DOMINION CONVEYANCER. FORM 443. Notice by Publication in Newspaper. MORTGAGE SALE. To (name of parties entitled), I (or we) (name of mort- gagee or person exercising), hereby give you notice that demand payment of the sum of (state amount), and interest thereon at the rate of per centum per annum fi'om the day of . 18 , due to (name of mortgagee), upon a certain mortgage by (name of mort- gagor) and his wife to (name of miortgagee) dated (day of month), 18 , and registered in the registry office for the county of , (day of month), 18 , in book , for , as No. The lands included in the above mortgage are (insert short description). And take notice that unless pajTneut of the said mortgage money and interest and costs be made within (one month) from the first publication hereof (name of mortgagee) 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 so forth, as in preceding form). FORM 444. Order alloiving " Further Proceedings " under R. 8. 0. 1887, c. 10-2, a. 30. In the matter of a mortgage purporting to be made between (describing the parties thei'eto as in the mortgage)^ and bearing date the day of ,18 . (Name of judge), in Chambers. Upon application of the solicitor for (name of mort- gagee), and, upon hearing read the affidavit of , it is ordered that the said (name of mortgagee) be at liberty MORTGAGE SALE. 419 to advertise foi: sale the lands and premises inchided in the said mortgage (concurrently with the period of notice of sale as provided in the said mortgage) or (at the time of serving, by advertising, notice of sale as provided in the said mortgage). And it is further ordered that the mortgagee be allowed the costs of this application. Dated at , this day of , 18 , {Signature of judge.) m iMl FORM 445. j Form of Advertisement. MORTGAGE SALE. Under and by virtue of the powers contained in a certain mortgage which will be produced at the time of sale, there will be offered for sale by public auction, by (name of auctioneer), at ■ , day, the day of , 18 , at the hour of o'clock in the noon, the following property: (short description by lots and streets). On the property are (enumerate improvements). u For terms and conditions of sale, apply to (Name and address of solicitor.) Dated 18 , FOBM 446. Declaration as to Default. 1. I am (set out capacity), and have a personal know- ledge of the matters in connection with this mortgage. 2. That the instalment of (interest, or principal, or whatever it is), due on the day of > 18 , 420 DOMINION CONVEYANCER. under a certain mortgage, made by to , bearing date the day of , 18 , (and now held by so and ad), has not been paid up to (this date). . , 18 , and of sale proceedings , in the county of FORM 447. Declaration of Service of Notice. In the matter of a certain mortgage made by (name t)f mortgagor) to (name of mortgagee), bearing date the day of thereunder. I, , of the of Do SOLEMNLY DECLARE that : 1. I did on the day of , one thousand eight hundred and , (personally) serve with a true copy of the notice of exercising power of sale hereunto annexed, by delivering such copy to, and leaving the same with him (or, as the case may be, with a grown up person residing on the premises mentioned in same). And I make this solemn declaration conscientiously believing the same to be true, and by virtue of the " Act respecting Extra Judicial Oaths." Declared before me, at the of in the county of , this day of , 18 . * A commissioner, etc FORM 448. Declaration of Posting up Notice. 1. I did, on the day of , 18 , take a true copy of the annexed Notice of Exercising Power of Sale to the premises mentioned in the same, being on ii ,f MORTGAGE SALE. 421 street ; {or as the case may he) in the of , and did post the said copy in a conspicuous position on the door of the building on the said premises. 1 if FORM 449. Dtclaration of insertion of Advertisement. 1. I have searched the fyles of the (name of paper), a paper published in the county of and find that the (Notice of Exercising Power of Sale), or (advertisement of Mortgage Sale or Auction Sale), a copy of which is hereto annexed, marked " A," was duly inserted in the issues of the (name the paper), of the dates following, that is to say (give dates). FORM 450. ^ -. , Declaration of Notifying Interested Persons. 1. I did, on the day of , 18 , mail (by registered letter), at the postoffice a true copy of the annexed notice of auction, or, the annexed newspaper advortisenients, or, the annexed poster, to each of the fol- lowing persons, at the addresses following their respective names (set out names and addresses). FORM 451. Declaration of Bill Poster. 1. I did, on the day of , 18 , post (or cause to be posted), in various parts of the cf , one hundred (or ivhatever number) large adver- tising posters, advertising the property comprised in the above mortgage, for sale by public auction under the powers contained in the said mortgage. ■vi IN! 422 DOMINION CONVEYANCER. Mf >'il\\ ■'''-■ 1r !■■■ If 2. That sucli posters were placed hy me (or caused to be placed) in conspicuous places where they could be dis- played to the best advantaj^^e. FORM 452. Declaration of Auctioneer. 1. I DID, at the time and place set out in the adver- tisement hereto annexed, marked "A," and subject to conditions of sale hereunto annexed, marked " B," otier for sale by public auction the lands and px'cmises described in the said advertisement and the above mortgage. 2. The result of such sale is as follows : (a) That there were no bids for the said property, and accordingly I was unable to sell the same ; or, (b) That the highest sum bid for the said property was $ , which was less than the reserved bid fixed by the vendors in accordance with the said conditions of sale, and accordingly I was unal)le to sell the said property ; or, (c) Is as appears from the signed contract hereunto annexed, marked " C." 3. That the sum set forth in the said contract was the highest sum bid for the said land, and that {name of purchaser), whose name is subscribed to the said contract, was declared by me to be the highest bidder for, and became the purchaser of the said land, at the price of $ , being the price in the said contract mentioned. 4. That the said sale was conducted by me in a fair, open and proper manner, and according to the best of my skill and judgment, NOTAUIAL FORMS. 423 NOTARIAL FORMS. FORM 463. Notarial Certificate of True Copy. Province of Ontario, ] To all to whom these presents may come, be seen or known: To WIT : ^ I, , a notary public by royal authority July appointed, residing at , do certify and attest that the paper writing hereto annexed is a true copy of a document produced to me by , and purporting to be made by , dated the , the said copy having been compared by me with the said original. An act whereof being requested I have granted the same under my Notarial foj'u and seal of office to serve and avail as occasion shall or may require FORM 454. Dejwsition before Mayor of City, To ALL TO WHOM THESE PRESENTS SHALL COME: I, , mayor of the city of , in the , of , do hereby certify, that on the day of the date hereof personally came and appeared before me , the deponent named in the affidavit hereunto annexed, "being a person well-known and worthy of credit, and by solemn oath, which he then took before me, in due form of law, did solemnly and sincerely depose to be true the several matters and things mentioned and contained in the 8aid affidavit. rh\\ |i ■' *Wi 424 DOMINION CONVEYANCER. In faith and testimony whereof, I, the said mayor, have hereunto signed my name, and caused the corporate seal of the said city of to be put and affixed. Dated at aforesaid, the day of , A.D. 18 , Mayor of the said city of FORM 465. Affidavit of Execution before Mayor of a City. } On this day of , A.D. 18 , To WIT : j came and appeared before me of , within named who being duly sworn, maketh oath and saith as follows : — 1. I was personally present and saw , of , within mentioned, duly execute, sign, seal and deliver the within paper writing or as his act and deed. 2. I am a subscribing witness to the due execution of the said paper writing, or by the said. 3. The name " ," set and subscribed thereto as a witness attesting such execution, is of the proper hand- writing of me, this deponent. Sworn before me at , in the city of , this day of , A.D. 18 . Mayor of the said city of « FORM 456. Notarial Certificate of Execution of a Deed. To ALL TO WHOM THESE PRESENTS SHALL COME : I, , of the of , in the county of , and Province of Ontario, notary public, by royal authority duly appointed, do hereby certify that I was personally present on the day of , A.D. 18 » NOTARIAL FORMS. 425 at the of aforesaid, and did see , the pereon named in the paper writing, or hereunto annexed, duly execute, sign, seal and deliver the same as hi.s act and deed for the purposes therein mentioned. And that the name , thereto set and subscribed as the party executing the same is of the proper handwriting of the said , the grantor therein named. And that the names and thereto subscribed as the witnesses thereto, are of the respective proper handwriting of , of , and of me, this deponent. And that the said is personally known to me. In testimony whereof I have hei'eunto subscribed my name and affixed my seal of office at , aforesaid, this day of , 189 . Notary public. FORM 457. Protest (Marine.) Province of Ontario, County of To WIT: By public instrument of protest, be it known and made manifest to all whom it doth or shall or may concern, that on the day of , in the year of our Lord one thousand eight hundred and , before me» a N'litary Public, by Royal authority, duly appointed, in and for the Province of Ontario, residing at in the said county. Personally appeared master, of burthen, of the port of with him mate on board of the said whom, by me being duly sworn according to law, on their solemn oaths, did depose, declare, and say, as follows : That of the said and brought , each of 426 DOMINION CONVEYANCER. And further these deponents say not. Subscribed and sworn before me, at , in the county of , severally by the said and this day yf , A.D. 18 . Notary Public. Wherefore I, the said Notary, at the request of the said master, of the said , as well on his own behalf, as on behalf of his owners, freighters, officers and crew, have protested, and by these presents do most solemnly protest, against all and singular the cause and causes operating as aforesaid, to the serious detriment of the said , her cargo, sails, rigging, and other gearing or any part or portion thereof, and more especially against the storm and heavy winds and gales, high and dangerous seas, experienced on her late voyage, bound as aforesaid ; and for all losses, costs, charges, damages, interest, and expenses whatsoever, suffered or sustained, for or by reason or means of the facts and circumstances set forth in the foregoing affidavit, to be claimed and recovered in time and place convenient. And these presents do serve and avail for that purpose. In witness whereof, I have hereunto set my hand and official seal, the day of , A.D. 18 . Notary Public. I, of the of , in the county of , a Notary Public, by Royal authority duly appointed, in and for the Province of Ontario, formerly constituting Upper Canada, do hereby certify that the within is a true copy of the deposition of , and of the vessel , taken before me, this day of , A.D. 18 , and now filed in my office. Notary Public. V t It , I ' i BILLS AND NOTES. 427 BILLS AND NOTES, NOTARIAL FORMS. FORM 458. Noting for non-acceptance. (copy of bill and endorsements.) On the 18 , the above bill was, by me, at the request of , presented for acceptance to E. F., the drawee, personally (or, at his residence, office or usual place of business), in the city (town or village) of , and I received for answer " " ; the said bill is there- fore noted for non acceptances. A. B., Notary Public. (Date and place) 18 . Due notice of the above was by me served upon {^; %} the {^^^J personally, on the day of , (or, at his residence, office or usual place of business) in , on the day of , {or, by depositinj]^ such notice, directed to him, at , in Her Majesty's post office in the city ( town or village), on the day of , and prepaying the postage thereon). A. B., {Date and place.) Notary Public. 53 V. (D.) c 33. FORM 459. Protest for non-acceptance or for non-payment of a bill 2)ayable generally. (copy of bill and endorsement.) On the day of , in the year 18 ,1 A. B., Notary Public for the Province of , dwelling ■i Km I ■■■ -N I'' ;■ I't, U '^^ 428 DOMINIOM CONVEYAXCER. i at , in the Province of , at the re(|uest of , did exliibit the oripnjil bill of exchange, whereof a true copy is above written, into E. F. the [''o'*!t?)r] thereof personally (or, at his residence, office or usual place of busi- ness) in , and, speakinjj to himself ((>r his wife, his clerk, or Ins servant, etc.), did demand [^y'i,\ent *] thereof; unto whiih demand [^^,.] answered" ." Wherefore I, the said notary, at the request aforesaid, have protested, and by these presents do protest against the acceptor, drawee, and indorsers, (or drawee and indora- ers) of the said bill, and other parties thereto, or therein concerned, for all exchange, re-exchange, and all costs, damages and interest, present and to come, for want of [SSJ"^inr] of the said bill. All of which I attest by my signature. (Protested in duplicate.) A. B., Notary Public. 63 V. (D.) c. 33. FORM 4G0. Protest for Non-acceptance or for Non-payment of a Bill Payable at a Stated Place. (copy of bill and ENDOUSEMENT.S.) On this day of , in the year 18 ,1, A.B., notary public for the Province of , dwelling at , in the Province of , at the request of , did exhibit the original bill of exciiange, whereof a true copy is above written, unto E. F., the [ .^'i^J^r ] thereof, at , being the stated place where the said bill is payable, and there, speaking to , did demand ["^yiuent*] ^f the Said bill; unto which demand he ans- wered: " ." niLLS AND NOTES 429 Wherefore I, the said notary, at the request aforesaid^ have protested, and by these presents, do protest against the acceptor, drawer and endorser {or drawer and endorsees), of the said bill, and all other parties thereto or therein concerned, for all exchange, re-exchange, costs, damages and interest, present and to come, for want of [ ^^^ ] of the said bill. All of which I attest by my signature. (Protested in duplicate.) A. B., Notary public. 63 V. (D.) c. 33. FORM 461. Protest for Non-payment of a Bill Noted, hut Not Protested, for Non-acceptance. If the protest is made by the same notary who noted the bill, it should immediately follow the act of noting and memorandum of service thereof, and begin with the words, " and afterwards on, etc.," continuing as in the last preced- ing form, but introducing between the words " did " and "exhibit," the word "again," and, in a parenthesis, between the words "written" and "unto," the words: "and which bill was by me duly noted for non-acceptance on the day of But, if the protest is not made by the same notary, then it should follow a copy of the original bill and indorse- ments, and notinff marked on the bill, — and then in the protest introduce, in a parenthesis, between the words, "written" and "unto," the words, "and which bill was, on the day of , by , notary public for the Province of , noted for non-acceptance, as appears by his note thereof marked on the said bill" 53 V. (D.) c. 33. (iff 430 DOMINION CONVEYANCER. FORM 462. Protest for Non-payment of a Note Payable Oenerally. (copy OF NOTE AND INDORSEMENTS.) On this day of , in the year 18 ,1, A. B., a notary public for the Province of , dwelling at , in the Province of , at the request of , did exhibit the original promissory note, whereof a true copy is above written, unto , the promisor, personally {or, at his residence, office, or usual place of business) in , and, speaking to himself (or his wife, his clerk, or his servant, etc.), did demand payment thereof ; unto which demand [ .he ] answered : " ." Wherefore I, the said notary, at the request aforesaid^ have protested, and by these presents do protest, against the promisor and endorsers of the said note, and all other parties thereto or therein concerned, for all costs, damages and interest, present and to come, for want of payment of the said note. All of which I attest by my signature. (Protested in duplicate.) A. B., Notary public. 53 V. (D.) c 33. FORM 463. Protest for Non-payment of a Note Payable at a Stated Place. (COPY OF NOTE AND INDORSEMENTS.) On this day , in the year 18 , 1, A. B., notary public for the Province of , dwelling at , in the Province of , at the request of , did exhibit the original promissory note, whereof a true copy is above written, unto , the promisor. BILLS AND NOTES. 431 at , being the stated place where the said note is payable, and there, speaking to , did demand payment of the said note, unto which demand he ans- wered : " ." Wherefore I, the said notary, at the request aforesaid, have protested, and by these presents do protest, against the promisor and indorsees of the said note, and all parties thereto or therein concerned, for all costs, damages and interest, present and to come, for want of payment of the said note. All which I attest by my signature. (Protested in duplicate.) A. B., Notary public, 53 V. (D.) c. 33. FORM 464. Notarial Notice of a Notiwj, or of a Protest for Noti- aeceptance ; or of a Protest for Non-payment of a Bill. (PLACE AND DATE OF NOTING OR OF PROTEST.) Ist. To P. Q. (the draiver), at : Sir, — Your bill of exchange for $ , dated at , the , upon E. F., in favor of C. D., payable days after [i^^] was this day, at the request of , duly [ ^^^L ] by me for [ "°|,™^1Sr ]• A. B., Notary lyuhlic. (place and DATE OF NOTING OR OF PROTEST.) 2nd. To C. D. {indo-^ser), {(yr F. G.) : Sir, — Mr. P. C.'s bill of exchange for $ , dated at , the , upon E. F., in your favor {or in 1'^ ^ li^l 432 DOMINION CONVEVANCEU. favor of C. D.), payable days after [ "j^^^' ] and by you indoraed, was this day, at the request of , aUly |_ proteated J "^y ""^ *"^ L nonpayment J- A. B., Notary inMic. 63 V. (D.) c. 53. FORM 465, Notarial Notice of Protest for Non-payment of Note. (PLACE AND DATE OF PROTEST.) To , : Sir, — Mr. P. Q.'s promissory note for $ , dated at , the payable [„,^o1X?„ }■ on ] after date to [ ^°p. ] or order, and indorsed by you, was this day, at the request of , duly protested by me for non-payment. A. B., Notary public. 53 V. (D.) c. 33. FORM 466. Notarial Service of Notice of a Protest for Non-acceptance or Non-payment of a Bill, or of Non-payment of a Note (to he Subjoined to the Protest). And afterwards, I, the aforesaid protesting notary public, did serve due notice, in the form prescribed by law, of the foregoing protest for [""SnTalS'l of the [^^l thereby protested upon [ciS. ] the [t^do^'m] personally, on the day of {or at his residence, office or usual place of business) in , on the day of , or by depositing such notice, directed to the said [c.'d. ] ^^ , in Her Majesty's post-office in , on the day of , , and prepaying the postage thereof. BILLS AND NOTES. 433 In testimony whereof, I have, on tlie last-mentioned day and year, at , aforesaid, Higned these presents. 63 V. (D.) c. 33. A. B., Notary public. FORM 467. Protest by a Justice of the Peace (where there is no Notary) for Non-acceptance of a Bill, or Non-payment of a Bill or Note. (copy of bill or note and endorsements.) On this day of , in the year 18 , 1, N. O., one of Her Majesty's justices of the peace for the district {or county, etc.), of , in the Province of , dwelling at {or near) the villat^e of , in the said district, there being no practising notary public at or near the said village (or any other legal court), did, at the request of , and in the presence of , well known to me, exhibit the original [ ^^^ ] whereof a true copy is above written unto P. O., the j k^^rtor \ thereof, personally (or at his residence, office or I. proraiSBor j *• , usual place of business) in , and, speaking to him- self (his wife, his clerk or his servant, etc.), did demand ["Xmm.t'] thereof, unto which demand [.^,|] answered: I r^ Wherefore I, the said justice of the peace, at the request aforesaid, have protested, and by these presents do protest, against the ■! promiHRor and imioreera !■ of the Said f J''}' 1 and " I. acceptor, drawer and indomcni J ■- ^ ■' all other parties thereto and therein concerned, for all exchange, re-exchange, and all costs, damages, and interest, present and to come, for want of [^^y'^eSr] o^ the said r '"" 1 1. note J- H. B.C. —28 434 DOMIXK )X (JON'VKYAXCKii. All which is. by tht's-j presiiiits, afctcsted by tlio si^fiui- ture of the said {th' a'itae--e done, and that the sums of money, materials, implements and penalties hereinbefore mentioned shall be and hereby are forfeited to the said employer. rip s I- h ♦•■ i I,- I. I 440 DOMINION CONVEYANCER. FORM 476. Notice of Bids. To builders and others : Persons willing to contract for the erection of a at , in the county of , may inspect the- drawings and specifications at from day of until the day of next, ensuing. Offers will not be received later than o'clock on the last mentioned date. The advertisers do not bind themselves to take the lowest offer ; nor will any be accepted, unless the character, means, and sureties of the persons offering be satisfactory, and the amount of the offer within (a certain sura.) All fuither particulars or explanations will be given by the architect at his office. FORM 477. Notice of Protest. To day of 18 . Take notice, that a dated on the day of 18 for the sum of S by payable after the date thereof, at the and endorsed by was this day presented by me for at the said and that thereof was refused : And that the holder of the said look to you for payment thereof ; And also take notice that the same was this day protested by me for non- Your obedient servant, Notary PvMic NOTICES. 4it FORM 478. Notice to Quit {by Landlord), To or whom else it may concern : I hereby give you notice to quit and deliver up, on or before the day of 18 the peaceable aQd quiet possession of the premises you now hold of me, with the appurtenances, situate in the of ilk the Province of Ontario. Datcl this day of A.D., 18 . Yours, eta Witness : FORM 479. Notice to Quit by Tenant. To Esq. I hereby give you notice that it is my intention to quit and deliver up to you, on or before the day of 18 , the peaceable and <|uiet possession of the premises now held by me, with the appurtenances, situate at in the township of in the county of in the Province of Dated this day of A.D., 18 . Yours, etc. Witness : FORM 480. Notice Claiming Double Rent for Holding Over. To C. D. I give you notice that if you do not deliver up posses- sion of the house and premises situate No. , in street, in the of on the day of accoi*ding to my notice to quit, dated the day of I shall claiiii I' I! •\ i* . !• h^^" I ! i 1 i 1 M 1 1; ( : i ■ i ! : i ■ if:' i f 442 DOMINION CONVEYANCER. from you double the yearly value of the premises for so long as you shall keep possession of them after the expira- tion of the said notice, according to the Statute in that <»se provided. Dated the day of A.D., 18 . Witness : FORM 481. Form of Notice of Sale of Chattels to he Puhlwhed arid Served on Owner under Mechanics' Lien Act. AUCTION SALE, Whereas (mime of person indebted) is indebted to the undersigned in the sum of S , for {work done and materials supplied in the altei'ntion or improvement ol" one spring waggon), 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 , at (place of side, e. g. the auction rstract signed by both partnera, and shall be bound thereby, unless within a year some manifest error be found therein, in which case it shall be rectified. 10. On the expiration or other determination of the said partuei'ship, a full written account shall be taken of all the partnership property, stock, credits, and liabilities, and a written valuation shall be made of all that is capable of valuation, and such account and valuation shall be settled, and provision shall be made for the payment of the liabilities of the partnership, and the balance of such property, stock and credits shall be divided equally between the partiiers, and each shall execute to the other proper releases and proper instruments for vesting in the other, and enabling him to get in such property, stock and credits. PAUTXEUSUn' AGUEEMEXTS. 447 11. If either puitner sluill die Ixjfore the firat day of January next, his executora ami adininiHtrators ahall be entitled to the share of the capital brought in by liini, together with per cent, interest in lieu of profits. 12. If either partner shall die after the said day, and durinj^ the continuance of the partnership, his executors and administrators shall be entitled to the value of the share of the partnership property, stock and credits, to which the deceased partner would have been entitled on the fii-st day of January last preceding his death, together with per cent, interest from that day in lieu of profits, and tlie surviving partner shall secure such sum by a bond in double the amount conditioned for the payment of such sum in twelve months Viy four quarterly instalments. 13. The surviving partner, his executors and adminis- tratoi-s, shall execute a proper instrument indemnifying the executoi"s and administrators of the deceased partner and his estate from all the liabilities of the partnership ; and the executors or admiuistratoi*s of the deceased partner shall release and assign to the surviving partner, his execu- tora and administratora, all their interest in the property, stock and credits of the partnership, and shall empower him and them to get in and recover the same. 14. If either party shall be guilty of a breach or non- observance of the fifth and seventh clauses above cail or surety for any pei-son or persons, or knowingly or wilfully do,conunit or permit any act, matter or thing by which, or by means of which, the said partnership moneys or efl'ects shall be seized, attached or taken in execution ; and in case either partner shall fail or make default in the performance of any of the agreements or articles of the said partnership, in so far as the same is or are to be observed by him, then the other partner shall represent in writing to such partner offending, in what he may be so in default ; and in case the same shall not be rectified by a time to be specified for that purpose by the partner so representing, the said partner- ship shall thereupon at once, or at any other time to be so specified as aforesaid by the partner ofiended against, be dissolved and determined accordingly. Eighth, — That in case either of the said partners shall die before the expiration of the term of tlie said co-part- nership, then the surviving partner shall, within six calen- dar months after such decease, settle and adjust with the representative or representatives of such deceased partner all accounts, matters and things relating to the said co-partnership, and that the said survivor shall continue k> carry on henceforth, for his sole benefit the co-partnership business. In witness whereof, etc. Signed, sealed, eta PARTNERSHIP AOREEMENT8. FORM 487. 451 'i^ Agreement far Ltnin to Partnership. This Agreement, made the day of , A.D. 18 . Between , of , anve written obligation is conditioned to be void if the .said C. D., his heirs, executors or administrators shall keep the said A. B., his executoi*s and administrators imlemnified from all debts and liabilities of the said A. B. and C. D., which, up to the date of the .said obligation, .shall have ari.seu out of the [)artnership between the said A. B. and C. D. in the business of , heretofore carried on by them. Signed, sealed, etc. FORM 497. Agreement to Renew a P(irtners}np hy Endori^ement. To all to whom these presents shall come : Whereas the partnership formed by and mentioned in PARTNERSHIP AGREEMENT.-. 457 the within articles of a;^refmeiit has this day expired {or will ex|3ire on the day of next) by the limitations therein contained : Now know ye that it is hereby agreed between the parties thereto that tlie said partnership shall be con- tinued, on the same terms and with all the provisions and restrictions in the witbin a^^reeinent mentioned, for the further term of yeai-s from this date {or from the day of next. In witness whereof, etc. Si^iod, scaled, etc. oid itoi"s ors B. all . B. ried til FORM 4!l8. Nntice itf E.rpiihion from Partnership. Sir : I o carried on therein : but the said premises shall continut- the sole prt)])erty of the sjiid subject only to W used for the purposes of the partnei*ship business. iir FORM 601. Incream; of Capital. If, at any time hereafter, further capital shall l">e TCiiuiretl for cnrryiufj on the business, and a majority of PARTNERSHIP AGREEMENTS. 459 the partneiTS shall cletennine to increuHe the capital, the additional capital shall be advanced by partnei-H in equal shares (or, in such proportions as they have respectively contributed to the original capital of the lirni). 4 FORM 502. Additional Capital Contributed by One Partner. If any partner shall, with the consent of the oUicr partner, bring in additional capital, or leave any part of his profits in the business, the same shall be considered a debt due to him from the partnership, and shall bear interest at the rate of per cent, per annum, but the same shall not be drawn out except upon giving calendar month's written notice ; and he shall be bound to draw out the same on a like notice given to him by the other partner, and, at the expiration of such notice, interest shall cease to be payable thereon. FORM sns. Interest on Ca2)ital. Each partner shall be credited on the books of the partnei"ship with interest at the rate of per cent, per annum on his share of the capital for the time Ijoing standing to his credit, and such interest shall be paid to him on the day of , and the day of in each year, before any division of profits is made, and such capital and interest shall be deemed to be a debt due from the partnei'ship. FORM 5U4. Patent to he Property of Partnership. The patent right shall be considered as part of the partnership property, and to have Ijeen brought into the 460 DOMIXIOX COXVEYAXCER. business as capital by the said patentee ; and no share or interest therein, or license to use the same shall be sold, granted or assigned to any person or pei'sons, tvithout the consent of both the partnera; and monej^s, benefits and advantages to accrue from any such sale, grant, assignment or license shall be divisible between the partnera in the same proportions as the profits of the business are herein- after directed to be divided. The said patent right shall, for the purpose of the business and of any accounts in relation thereto, be taken to be of the value of dollars at the date of these presents, and to become depreciated in value at the rate of dollars every half year. FORM SOS. Deposit and Payment of Moneys. All moneys which shall from time to time be received for or on account of said partnerehip, not refiuired for current expenses, shall be paid immediately to 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 partnerahip shall be made by cheque on such bank. FORM 606. Ejcpennes of Business. All rent, expenses for repairs or improvements, all taxes, premiums of insurance, salaries and wa^t.^s, and all other expenses, losses and dainages which may be incurred in carrying on the business of the partnership (and the interest on the capital, payable to the respective partners), I'AHTXEUSIIIP AOREEMEXTS. 4fil ived for mnk aftH> and shall all a all irred ~ the ier3), shall b(3 paid out of the receipts and earning of the Haid business, and in case of deficiency thereof, then by said partners, in the sliares or proportions in which they are entitled to the profits of the buwiness. FORM 307. Profit ft. The partners shall be entitled to the net profits of the business in ei^ual shares {or in the shares following, that is to say, etc.), an '^ ""?). V /A Photographic Sciences Corporation iV S V "% V ^ \ \ ^ ^ ^ ■m. ■*. 'V? 23 WEST MAIN STREET WEBSTER, N.Y. 14580 (716) 872-4503 &p m-i 464 DOMINION CONVEYANCER. FORM 515. Bonds, Notes, etc., to he Signed hy both Partners. 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 partnership, except when the giving of such obligation shall be in the common course of business unavoidable, the same shall be signed by both partners ; and if either partners 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. 1'ii I Mr* I IP FORM 516. '^ctioe to Purchase Share in Partnership when Determined. I hereby give you notice that it is my intention to purchase your share in the partnerahip which subsisted between us under a deed of partnership, dated the day of 189 for a term of years from thenceforth next ensuing, and which said term expired on the day of last, in purauance of the powers •and upon the terms and conditions contained in the above mentioned deed of partnership. FORM 617. Not to give Credit when Forbidden. No partner shall lend any money, or give credit to, or have dealings on behalf of the partnership with any person, partnership or corporation whom the other partners or paiiiner shall have forbidden him to trust or deal with ; and if he shall act contrary to this provision, he shall repay to the partnership any loss which may have been incurred thereby. PARTNERSHIP AGREEMENTS. 465 FORM 518. To Make no Contract Exceeding a Certain Amount. 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 or partners ; and, in case he does so, the other partner or partners shall have the option to take the goods or articles so bought, ordered or contracted for, on behalf of the partnership, or to leave the same for the separate use of the partner so buying, ordering or contracting, to be paid for out of his own money. ■' wt' FORM 519. Hiring Clerks. No partner shall hire or dismiss, except in case of gross misconduct, any clerk or other person in the employment of the partnership, without the consent of the other partner or partners. m. to, or person, lers or with; repay curred FORM 520. Kot to Indorse or Become a Surety. And it is further agreed, that during the continuance of their said partnership, neither of the said partners shall indorse any note, or otherwise become surety for any person or persons whomsoever, without the consent of the others of the said partners. B.i>.a— 80 I!: ill ii:' i '■ ii 466 DOMINION CONVEYANCEtt. FORM 521. JVor to do any act Whereby the Partnership Property may be Attached. No partner shall do, or wilfully suffer to be done, any- thing whereby, or by means whereof, the stock in trade, capital or property of the partnership may be attached or taken in execution. I ii- ': 1 1 i^ FORM 622. To Give Information. Each partner sht 11, upon every reasonable request, give to the other partners or partner a true account of all transactions relating to the business of the partnership, and full information of all letters, accounts, writings, and other things which shall come into his hands or to his knowledge concerning the business of the partnership. % FORM 623. Trade Secrets. Neither partner shall, during the continuance of the partnership, nor for years after its determination by any means, without the consent in writing of the other of them, or of his executors or administrators, divulge to any person not a member of the firm any trade secret, method of manufacture, or special information, employed in, or conducive to, the partnership business, and which may come to his knowledge in the course of, or by reason of, his partnership. oerty .any- trade, tied or PARTNERSHIP AGREEMENTS. FORM 524. 4H7 To Pay his Private Debts. Each partner shall punctually pay and discharge his present and future separate debts and engagements, and shall at all times keep indemnified the other partners or partner, and the property of the partnership, against the same, and all actions, proceedings, claims and demands in respect thereof. 3t, give of all lership, igs, and I to his ip. of the ination ne other ulge to secret, [iployed which reason FORM 626. Advances to the Firm. Either partner may from time to time, with the consent of the other partner, advance any sum or sums of money to the firm by way of loan ; and every such advance shall bear interest at the rate of per cent, per annum from the time of making the advance until repayment thereof, and may be withdrawn at any time on months' notice. FORM 526. Not to do Certaitt Tilings ivithout Consent. That neither of the said partners shall, in the course of the said business without the consent of the others of them, enter into any contract or engagement, or give credit, or lend any of the partnership moneys, or give any bill, note or security, or contract any debt on account of the said partnership, except in the usual and regular course of the business, and for the benefit thereof ; or compound, release, discharge or postpone any debt, duty or demand due to the said firm, or become jail or security ; or enter into any gaming transaction or time bargain for the sale or purchase of wheat, corn or other grain, or of any produce, or of railroad or other shares or bonds ; or expose himself to any other risk as such partner a.s aforesaid. i r ] I I i 408 ^ i iiii 1 1 111 ^ IPt! ' DOMINION CONVEYANCER. FORM 527. I^ot to Compound Debts. No partner shall, without the consent of the other partners or partner, compound, release, or discharge any debt which shall be due or owing to the partnership, without receiving the full amount thereof. FORM 528. Partner Not to Assign his Share. No partner shall, without the previous consent in writ- ing of the other partners or partner, assign his share or interest in the partnership. FORM 529. Books of Account. Proper books of accounts shall be kept by the said partners, and entries made therein of all such matters, transactions and things as are usually entered in books of account kept bj^ persons engaged in the same or similar business. Such books of account and all lettei*s, papers and documents, belonging to the partnership shall be kept at the counting-house or office of the partnership, an I each partner shall at all times have free access to examine, copy and take extracts from the same. I FORM 630. Annual Account. On the day of 189 and on the same day in each subsequent year, a general account shall be taken of the assets and liabilities of the partnership, and PARTyEllSHIP AGUEEMEXrs. 469 other ;e any ership, of all dealings and transactions of the same during the then preceding year, and of all matters and things usually comprehended in accounts of a like nature ; and in taking such account a just valaution should be made of all items requiring valuation. Such account shall be entered in a book, which shall be signed by all the partners, and when so signed shall ]be binding on them: save that, if any, manifest error therein, shall be found and signified by any partner to the other partners within months thereafter, the same shall be rectified. n writ- hare or ihe said [matters, >ooks of similar , papers be kept ,n I each Ine, copy the same shall be khip, and FORM 531. Decision of Majority Binding. In all cases relating to the management of the partner- ship business, the decision of a majority in value of the acting partners shall be conclusive upon and bind all the partners. FORM 532. Allowance for Good Will. On the death or retirement of any partner, no allow- ance (or an allowance) shall be made to him, or his repre- sentatives, in respect of the value of the good will of the said business. FORM 633. Retiring Farther not to Carry on Business. 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 inter- ested, directly or indirectly, in any other business compet- ing or interfering with the business of the said firm. 470 DOMINION CONVEYANCER. FORM 534. Power to Dissolve in Case of Losses. If, at any time, owing to losses from any cause what- ever, one-fourth of the entire capital of the partnership shall be sunk, or a reasonable apprehension shall be enter- tained that further capital to the extent of dollars, will be required in order to carry on the business of the partnership, a majority in value of the partners may require the partnership to be dissolved and wound up. as if the same had expired by lapse of time. II hi A FORM 535. Power of Ex2ndsion. If either partners shall infringe any of the clauses herein contained, or become in>ane, or enter into any arrangement or composition for the benefit of his creditors, or shall (without the consent of the other partner) make any assignment, either absolutely or by way of mortgage, or declaration of trust of his share and interest in the partnership, or any part thereof, the other partner may forthwith determine the partnership by notice in writing, left at the place of business, and may thenceforth continue the business alone, and may advertise notice of the disso- lution in the newspaper, and if necessary', sign the name of the infringing partner to such notice of dissolution. FORM 536. Power to determine Partnership by Notice. If at any time after the day of 189 any partner shall be desirous of retiring from the partner- ship, he shall be at liberty to give to the other partner or 1 PAUT.VEUSHIP AGREEMENTS. 471 partners, or to leave for them or him at the place where the business 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 4is regards the partners giving such notice. ?! f, FORM 536. Winding up on Dissolution, Upon the dissolution of the partnership a full and general account of th3 assets, liabilities, and transactions of the partnership shall be taken, and the assets and property thereof shall, as soon as pi'acticable, be sold, the debts due the partnership collected, the proceeds applied, first in dis- charge of the liabilities of the partnership and the expenses of liquidating the same ; and next in payment to each partner or his representatives of any unpaid interest or profits belonging to him, and of his sliare of the capital ; and the surplus, if any, shall be divided between the partnera or their representatives in the shares in which they contributed the capital of the said partnership ; and the partners or their representatives shall execute all such instruments for facilitating the realization and division of the partnei-ship property, and for their mutual indemnity and i-elease as may be requisite or proper. rna 472 DOMINION CONVEYANCER. 1 : I ■ ■ ■ \t: '* PARTY WALL AGREEMENTS. FORM 537. Party Walls Agreement This Agreement, made this clay of A.D. 18 Between D. L. of the City of Toronto, merchant of the first part, and P. S. of the said city, merchant of the second part. Whereas the said D. L. is the owner in fee of the lot and store known as number 90 in street, in the City of Toronto, and the said P. S. the owner in fee of the lot known as number 92 in street, aforesaid, immediately, adjoining to, and on the southerly side of said lot and store number 90, on which lot of the said P. S. he is about to erect a brick store. And whereas it has been agreed by and between the said parties, that the said P. S., in erecting his said sto/e shall make use of the gable end wall of the said store of the said D. L. immediately contiguous to and adjoining the said lot of the said P. S., as a party wall, upon the terms, conditions and considerations hereinafter mentioned, the said gable end wall, of the said D. L. so to be used as a party wall, standing and being entirely on the said lot of the said D. L. Now therefore this agreement WITNESSETH, that the said D. L., for and in consideration of the sum of dollars to him in hand paid by the said P. S., at or before the ensealing and delivery of these presents, the receipt whereof is hereby acknowledged, doth for himself, his heirs, executors, administrators and assigns, covenant, grant, promise and agree to and with the said P. S., his heirs, executors, administrators and assigns, for ever ; That he, the spid P. S., his heirs and assigns, shall and may in erect' ^ PARTY WALL AGREEMENTS. 473 ing and building the said store upon the said lot of the said P. S., freely and lawfully, but in a workmanlike manner, and without any interruption, molestation, or hindrance of or from the said D. L., his heirs, or assigns, make use of the said gable end wall of the said store of. the said D. L., immediately adjoining or contiguous to the said lot of the said P. S., or such parts and so much thereof, as he the said P. S. his heirs or assigns, may choose as a party wall. And further, that should the said wall, hereby made a party wall, be at any future time or times injured or destroyed, either by decay, lapse of time, fire, accident, or other cause whatever, so as to require to be either repaired or rebuilt in whole or in part, then and in every such case, the said D. L. and the said P. S. by these presents, for them- selves respectively, and their respective heirs and assigns for ever, mutually covenant and agree to and with each other and their respective heirs and assigns for ever, that such repai'ation or rebuilding, as the case may be, shall be at the mutual joint and equal expense of them the said D. L. and P. S., their respective heirs and assigns forever ; as to so much and such parts of the said wall as shall be used by the said P. S. his heirs and assigns, in erecting and building the said store, which he is now about erecting on his said lot, and tis to all coping of the said gable end, whether such coping be used by the said P. S., his heirs or assigns, in erecting and building the said store or not, and as to the residue of the said wall not used by the said P. S., his heirs or assigns, in erecting or building the said store, such repai-ation or rebuilding of such residue of the said wall shall be at the sole and separate expense of the said D. L., his heirs or assigns forever ; and that in every case of such reparation or rebuilding, should the same be necessary and proper, and either party, his heirs or assigns request the other to unite in the same, and to contribute to the expense thereof, according to the true intent and mean- ing of this agreement, then the other party his heira or assigns forever, may cause such reparation or rebuilding to 474 DOMINION CONVEYANCER. be iniulo and done, and charge the other party, his liuira and asHif^ns forever, witli the proportion of the expenses, costH, and char^^es thereof, accordinjj to the true Intent and meaning of tliis agreement : »*nd that in every case of such reparation or rebuilding, as the case may be, such repair's shall restore the said wall to the state iiO'^ condition in which it now is, in all respects as nearly as may be ; and that in every case of rebuilding, such vail shall be rebuilt upon the same spot on which it now scanuild the whole or any portion of the said party wall, the expense of such repairing or rebuilding shall be borne equally by the said A. B. and C. D., their respective heii*s and assigns, as to ,so much and such portion of the said wall as the said C. D.. his heirs and iissigns shall or may use for the pui'poses aforesaid ; and that, whenever the said party wall, or any portion thereof shall be rebuilt, it shall be erected on tlie same spot where it now stands, and be of the same size and the same or similar materials, and of like quality, with the present wall. And further it is mutually understood and agreed, between the -^foresaid parties, that this agreement shall be perpetual, and at all times to be construed into a covenant running with the land : and that no part of the fee of the «oil upon which the wall of the said A, B., above described, now stands, shall pass to, or be vested in the said C. D., his heirs and assigns, in or by these presents. In witness, &c. ;ta 476 DOMINION CONVEYANCER. 11 PATENTS OF INVENTION. FORM 539. Petition by a Sole Inventor, To the Ccmmissioner of Patents, Ottawa : The petition of John Smith, of the City of Toronto, in the Province of Ontario, carpenter, showeth : That he hath invented new and useful improvements in machines for breaking stones, not known or used by others before his invention thereof, and not being in public use or on sale, with his consent or allowance as such inventor, for more than one year previous to his application, for a patent therefor in Cu,nada. Your petitioner therefore prays that a patent may b& granted to him for the said invention, as set forth in the specification in duplicate relating thereto, and, for the pur- poses of the Patent Act, your petitioner elects his domicile in the City of Ottawa, Px'ovince of Ontario. John Smith. Toronto, 1st September, 1887. a 4 1 FORM 540. Petition hy an Inventor and an Assignee. To the Commissioner of Patents, Ottawa : The petition of John Smith, of the City of Toronto, in the Prcv'nce of Ontario, cnrpontcr, and David Brown, of the City of New York, in the State of New York, one of the United States of America, painter, showeth : 11 PATENTS OF INVENTIONS. 477 That the said John Smith hath invented new and use- ful improvements in machines for breaking stones, not known or used by others before his invention thereof, and not being in public use or on sale, with his consent or allowance as such inventor, for more than one year pre- vious to this application, for a patent therefor in Canada. That by assignment, dated on the 1st September, 188*^, the said John Smith transferred to the said David Brown, an undivided one-half interest in the said invention. Your petitioners therefore pray that a patent may be granted to them jointly for the said invention as set forth in the specification in duplicate relating thereto and, for the purposes of the Patent Act, your petitioners elect their domicile in the City of Toronto, Province of Ontario. John Smith, David Brown. Toronto, 1st September, 1887. i " ;'» 7 ba- the m [n, of Bie of FORBI 541. Petition by an Administrator or Executor, To the Commissioner of Patents, Ottawa : The petition of James Clayton, of the City of Kingston, in the Province of Ontario, stone-cutter, administrator of the estate (or executor of .the last will and testament) of Thomas Clayton, in his lifetime, of the said City of King- ston, deceased, millwright, (as refei*ence to the duly certified copy of letters of administration (or lettei-s testamentaxy) hereto annexed will more fully appear), showeth : That the said Thomas Clayton did invent a new and useful composition of matter for making artificial stone, not known or used by others before his invention thereof, and not being in public use or on sale, with the consent or iii li i m w ) 478 DOMINION CONVEYANCER. allowance of the said Thomas Clayton as such inventor, for more than, one year previous to this application for a patent therefor, in Canada. Your petitioner therefore prays that a patent may be granted to him as administrator (or executor) of the estate of the said Thomas Clayton for the said invention, as set forth in the specification in duplicate relating thereto, and, for the purposes of the Patent Act, your petitioner elects his domicile in the City of Ottawa, Province of Ontario. James Clayton. Kingston, 1st September, 1887. FORM 542. Petition for a Re-issue {by the Inventor). To the Commissioner of Patents, Ottawa : The petition of Thomas Brown, of the City of Ottawa, in the Province of Ontario, lumber manufacturer, showeth: That your petitioner obtained a patent bearing date the twelfth day of August, A.D. 1886, for a new and useful improvement in churns. That your petitioner is advised that the said patent is deemed defective or inopei'ative by reason of insufficient description or specification, and that the errors arose from inadvertence, accident or mistake, without any fraudulent or deceptive intention. Your petitioner being desirous of obtaining a new patent in accordance with an amended description and specification in duplicate, therefore prays that he may be allowed to surrender the aforesaid patent, and a new patent be granted to him, in accordance with the amended description and specification of the said invention, for the unexpired period for which the original patent was granted. Thomas Brown. Ottawa, Ist September, 1887. PATENTS OF IXVKNTIUXS. FORM u43. 4V{) Surrender to he WHtten on the Original Patent To all to whom these presents shall come Thomas Brown, of the City of Ottawa, in the Province of Ontario, lumber manufacturer, within named, sends greet- ing:— Whereas the w^ithin written patent, for an improve- ment in chums, is deemed defective or inoperative by reason of insufficient description or specification, and the error arose from inadvertence, accident or mistake, with- out any fraudulent or deceptive intention, and the Com- missioner of Patents accordingly, in pursuance of the^ Statute in such respect, hath agreed to accept the sur- render of the same ; Now know ye that the said Thomas Brown, within named, doth by these presents, surrender and yield up the within written patent, granted to him for improvements in chums, and bearing date the 8th day of June, 1886. In witness whereof the said Thomas Brown hath set his hand and affixed his seal this first day of September, A.D. 1887. Thomas Brown. [l.s.] Signed, sealed and delivered at the City of Ottawa, in the County of Carleton, in the Province of Ontario, in the presence of Henry Cockburn. u \: FORM 544. Power of Attorney. To the Commissioner of Patents, Ottawa : The undersigned, John Brown, of the Town of Corn- wall, in tlie County of ^tonuont, in the Province of Ontario, store-keeper, hereby appoints Jth i Smith, of tha 480 DOMINION CONVEYANCER. I City of Ottawa, Province of Ontario, his attorney, with full power of substitution and revocation, tj prosecute an application for new and useful improvements in sewing machines; to sign the drawings, to i-eceive the patent, and to transact all business in the Patent Office connected therewith. Signed at Cornwall, this first day of September, 1887. John Brown. In the presence of John Smith. M in ■ iff! FORM 646. Revocation of Power of Attorney. To the Commissioner of Patents, Ottawa : The undei-signed, John Brown, of the Town of Corn- wall, in the County of Stormont, in the Province of On- tario, store-keeper, having on or about the Ist September, 1887, appointed John Smith, of the City of Ottawa, Pro- vince of Ontario, his attorney, to prosecute an application for a patent for a new and useful improvement on sewing machines, hereby revokes the power of attorney then given. Signed at Cornwall, this thirteenth day of September, 1887. John Brown. In the presence of John Smith. ;^ i ■ 1 -^ r H j:i| 'M i f FORM 546. Specification for an Art or Process. To all whom it may concern : Be it known that we, Marion Ellsworth, of Chicago, County of Cook, and State of Illinois, gentleman, and 1 4! PATENT OF INVENTION. 481 Joseph Richai'd Shaw, of Indianapolis, County of Marion, and State of Indiana, gentleman, have jointly invented a new and useful improvement in the art or process of separating smut and other impurities from wheat, and we do hereby declare that the following is a full, clear and exact description of the same : Take of lime, newly slaked and while yet warm, one and a half pound to each one hundred pounds of wheat Mix the lime well with the wheat, let it stand one hour, then pass it through a smut mill in the usual way and it will be found that all the lime, smut, dirt and other impurities of every kind attached to the wheat, and which no smut mill without our liming process will fully separate, will be entirely removed, and the flour will be as white and as sweet as though made from the best of wheat. We are awai'e that lime has before been used for the purpose of cleaning wheat, being first mixed with the grain as above proposed and the whole being then passed through smut mill; but in all previous processes, so far as we are aware, the lime has been used in a cold state, and for this reason such processes prove ineffectual. We pro- pose to take lime newly slaked, and while yet warm. What we claim as our invention, and desire to secure by patent, is: the process of cleaning wheat by mixing with it lime newly slaked and warm before passing it through a smut mill, so as to cleanse the wheat from all impurities, substantially as described. Marion Ellsworth. Joseph R. Shaw. Chicago, 1st September, 1887. Signed in the presence of Maurice Jones, Henry Elias. J If .ii' ucftgo, and a.D.Q.-r:8I i: i * I 4b2 DOMINION CONVEyANCEK. FOltM 647. Assignment of an Entire Interest {or an Undivided One* half Interest) in an Invention before the Issue of Patent. In consideration of the sum of ten dollurs, to me paid by Solomon Lang, of the City of Montreal, I do hereby sell and assign to the said Solomon Lang all (or an un- divided half of all) my right, title and interest in and to my invention for new and useful improvements in planing machines, as fully set forth and described in the speci- fication which I have signed preparatory to obtaining a petent. And I do hereby authorize and request the Com- missioner of Patents, to issue the said patent to the said Solomon Lang (or jointly to myself and the said Solomon Lang) in accordance with this assignment. Witness my hand and seal this firat day of September, 1887, at the City of Montreal. Thomas Lord, [l-s.] FORM 548. Assignment of an Entire Interest in a Patent In consideration of five hundred dollars, to me paid by Nathan Wilcox, of Keokuk, Iowa, I do hereby sell and assign to the said Nathan Wilcox, all my right, title and interest in and to the patent of Canada, No. 23,460, for an improvement in locomotive head-lights, granted to me, July 30, 1878, the same to be held by and enjoyed by the said Nathan Wilcox to the full end of the term for which said patent is granted, as fully and entirely as th«j same coul i have been held and enjoyed by me if thi^ iWr-ignmenfe and sale had not been made. Witness my hand and seal this first day . •? >x;it!Mnber,. 1887, at Keokuk, Iowa. Horace Kimball, [l.6.] PATENT OF INVENTION. 483 h(j samv"? FORM 540. Disclaimer {To be in dwpllcate). I, William Lookup, of the City of Hull, in the County of Ottawa, Province of Quebec, having on the Ist Septem- ber, 1887, obtained a patent for the Dominion of Canada, for new and useful improvements in waggon brakes ; And through mistake, accident or inadvertence, without any wilful intent to defraud or mislead the public, I have made the claim in my specification too broad (or as being the inventor of a material or substantial part of the inven- tion patented of which I was not the inventor, and to which I had no legal right); I, therefore, hereby disclaim the part of the claim in the specification, which is in the following words : " I also claim the use of the lever A, in combination with crank D, as described." William Lookup. Hull, 30th September, 1887. Signed in duplicate in the) presence of J David Brown. Francis Lemieux. it M Iv . ^f V : i, ^ . ' :!: ^ ! 4; ' i' \ ■ ' '■ . ' . \ ' ' S i 1 j 4i4 DOMINION CONVEYANCER, PLEDGES AND COLLATERAL SECURITIES. FORM 550. Collateral Note PledgiTig Stock with Power of Sale. Toronto, , 189 . "Six months after date, for value received, I promise to pay to , or order, dollars, and interest at the rate of per cent, per annum for such further time as said princippl sum or any part shall remain unpaid, I having deposited with this obligation, as collateral security, shares of the capital stock of the Co., with authority to sell the same, without notice, either at public or private sale, or otherwise, at the option of the holder or holders hereof, on the non-performance of this promise, he or they giving me credit for any balance of the net proceeds of such sale remaining after paying ill sums due from me to the said holder or holders, or to his or their order. And it is further agreed that the holder or holders hereof may purchase at said sale. FOBM 561. Promissory Note with Collateral Secv/rity. Toronto, , 18 On the day of , without grace, or notice, I promise to pay to , or order, dollars, for value received. And as collateral security for the punctual payment of the same, I have deposited in his hands sundry securities as specified in the annexed power, authorizing a sale of the same in case of my failure to pay this note. The following is a list of the securities pledged by mo to said , to secure the punctual payment of my note for doUars, due the day of next, viz., eta PLEDGES AND COLLATERAL SECURITIES. 485 ES. Sale. i9 . omise to tevest at her time mpaid, I security, Co., with at public holder or jmise, he proceeds , from me er. And reof may .8 And I do hereby authorize the said , or the holder of my said note, in case of my failure to pay said note at maturity, thereupon to sell the said securities at the brokers' board, for the best price that c«f n be obtained for the same, without notice to me, and to apply so much of the proceeds thereof as may be necessary to pay said note and the expenses incurred by said procedure. Witness my hand this day of 18 To FORM 552. Pledge of Shares of Stock. Toronto, .18 . dollars, Having borrowed from you the sum of which is to be repaid to you on the day of next, and which sum is secured by my promissory note in your favour for that amount bearing even date herewith, I have, for further securing the repayment of such sum, transferred shares of the Co., in your name in the books of the said company, to be held by you on the following terms, viz. : 1. All dividends which may be declared upon the shares are to be received by you and paid to me. 2. All new shares created in respect of the above shares ftre to be held by yt»u as the original shares, the calls or assessments thereon to be paid by me 3. On the day of , 189 , upon being repaid the amount advanced as above, with interest thereon at the rate of per cent, per annum, the said shares and all newly created shares (if any) are to be transf^tf'i'ed to me. 4. If I shall make default in repayment of the said advanced sum on the day of , 189 , or in payment of the said calls as they become due, you may, at ii 486 DOMINION CONVEYANCER. any time afterwards, on giving me days' notice of your intention so to do, and without being liable for any diminution in ftrices which may have taken place in the meantime, and without any further consent by me, sell the said shares, and any such new shares as aforesaid, at such price, or prices, and in such manner in all respects, as you shall think proper, and may retain out of the proceeds the amount then duo to you, with interest thereon after the rate aforesaid,, and all costs attending the said sale, and may demand and claim of me any balance that may remain unpaid by the means aforesaid. {Signature of 'pledgor.) I, the undersigned {pledgee), agree to hold the said shares upon the terms and conditions before mentioned. {Signature of pledgee.) FORM 653. "Memorandum of a Pledge of Articles as Security for a Loan. To of I hereby deposit with you the articles specified in the annexed schedule as security for the payment to you of my note of this date, for the sum of dollars, payable in months, with interest thereon at the rate of per cent, per annum, and I hereby authorize you in the event of the non-payment of said note at maturity, to sell the same at public or private sale, at such time as you may think pi'oper, without giving notice to me of the time or place of sale : and out of the proceeds thereof, after paying all expenses attendlxig such sale, to retain the amount of said note, both the principal and interest thereof, paying the residue, if, any, to me. Dated this day of 18 . PLEDGES AND COLLATERAL SECURITIES. 487 FORM 654. Recei})t fur Collaterals, Received of of a certificate for shares of the capital stosk of the railroad company and a bond of said raih-oad company for dollars, dated the day of 18 , payable to bearer years after date, as collateral security, for the prompt payment at maturity of his promissory note for dollars, dated the day of 18 , and payable months after the date thereof, said securities to be retur/ .ed to him in case said note be then paid. In case of non-payment of said note at maturity, I am at liberty, and am hereby authorized by him to sell the securities, or such portion as may be necessary, either at public or private sale, or at the broker's board without notice, and apply proceeds to the payment of said note and expenses. m ■ ■m 488 DOMINION CONVEYANCER. RELEASES. I 'I I FORM 660. General Belectse of all Demands. This Indenture, made the day of A.D. 18 , Betaveen of the first part ; and of the second part. Whereas, there have been divers accounts, dealings and transactions between the said parties hereto respectively, all of which have now been finally adjusted, settled and disposed of, and the said parties hereto have respectively agreed to give to each other the mutual releases and discharges hereinafter contained in manner hereinafter expressed. Now, therefore these Presents witness, that in consideration of the premises and of the sum of one dollar, of lawful money of Canada to each of them, the said parties hereto respectively paid by the other of them at or before the sealing and delivery hereof (the receipt whereof is hereby acknowledged), each of them the said parties hereto respectively, doth hereby for himself and herself respectively, his and her respective heirs, executors, admin- istrators, and assigns, remise, release and forever acquit and discharge the other of them, his and her heirs, executoi*s, administrators and assigns, and all his, her and their lands and tenements, goods, chattels, estate and effects respectively whatsoever and wheresoever, of and from all debts, sum and sums of money, accounts, reckonings, actions, suits, cause and causes of action and suit, claims and demands whatsoever, either at law or in equity, or otherwise how- soever, which either of the said parties now have, or has, or ever had, or might or could have against the other of them, on any account whatsoever, of and concerning any RELEASES. 48& matter, cauRc or thing whatsoever between them, the Raid particH hereto respectively, unto and including the day oi the date of these preuentu. In witness, etc., Signed, sealed, &o. FORM 656. General Release (by Deed Poll). Know all jien by these Pre;-;ent!S, that for and in consideration of the sum of to in hand paid by have remised, released and forever discharged, and by these presents do for heirs^ executors, administrators and assigns, remi%, release and forever discharge the said heirs, executors and administrators, of and from all and all manner of actioa and actions, cause and causes of action, suits, debts, dues, sums of money, claims and demands whatsoever at law or in equity which ever had or now have, or which or heirs, executors, administrators, or assigns hereafter can, shall or may have by reason of any matter, cause or thing whatsoever, from the beginning of the world to the date of these presents. In witness whereof have hereunto set hand and seal this day of , A.D. 18 . Signed, sealed, etc. FORM 557. Release to a Guardian. Know all men, etc., that A. B., etc., son and heir of B. B., deceased, hath remised, released and forever quit- claimed, and by these presents doth remise, etc., unto C. D., of , his guardian, all and all manner of action and 490 DOMINION CONVEYANCE!!. actions, suits, reckonings, accounts, debts, dues and demands whatsoever, which he, the said A. B., ever had, now hath, or which he, his executors and administrators, at any time hereafter can or may have, claim or demand against the said C. D., his executors or administrators, for touching and concerning the management and disposition of any of the lands, tenements and hereditaments of the said A. B., situate, etc., or any part thereof, or for or by reason of any moneys, rents or profits by him received out of the same, or any payments made thereout, during the minority of the said A. B., or by reason of any matter cause or thing whatsoever relating thereto, from the beginning of the world to the day of the date hereof. In witness, etc., this day of , A.D. 18 . Signed, sealed, etc ;l!l FORM 558. Release to Executors on Payment of Legacy. Know all men by these Preisents, that , of , and , his wife, late , one of the daughters and legatees named in the will of , late of , deceased, do hereby acknowledge that they have this day had and received of and from and executore of the last will and testament of the said , deceased, the sum of , in full satisfaction and payment of all such sum or sums of money, legacies and bequests as are given and bequeathed to the said by the last will and testament aforesaid, and all interest accrued therefrom. And therefore the said and his wife, do by these presents, remise, release, quit-claim and forever discharge the said and their heira, executors and administiators, of the said legacy or legacies, and of and from all actions, suits, payments, accounts, reckonings, RELEASES. 401 claims and demands whatsoever, for or by reason thereof, or of any other acts, matter, cause or thing whatsoever, from the beginning of the world to the day of the date of these presents. In witness, etc., this day A.D. 18 . Signed, scaled, etc FORM 559. Release from Legatee on Coming of Age. Know all men by these Presents, that whereas A. B., ol made his last will and testament in writing, bear- ing date and among other legacies therein contained, hereafter, shall or will ask, claim, challenge or demand, any interest, etc., or other thing, in any manner whatsoever, by reason or means of the said Indenture, or any covenant therein contained, but thereof and therefrom, and from all actions suits and demands, which I, my executors, adminis- tratoi"s, or tussigns, may ha\'e concerning the same, shall be uttei'ly excluded and forever debarred by these presents. In witness, etc., this day of , A.D. 18 . Signed, scaled, etc. RELEASES. 493 FC>RM 561. Release of a Proviso or Condition. Know all men, etc., tliat I, A. B., of , for divers good considerations, me hereunto moving, have remised, released and quit-claimed, and by tliese presents, for me, my executora, administrators and assigns, do, etc., unto , of , his heirs, executors, administrators and assigns, as well a certain proviso or condition, and all and every the sum and sums of money specified in the .same proviso or condition, contained or comprised in an Inden- ture of, etc., bearing date, etc., made between me, the said A. B., of the one part, and the said , of the other part, and also all and all manner of actions and suits, cause and causes of actions and suits, for or concerring the said proviso or condition. In witness, etc., this day of , A.D. 18 , Signed, sealed, etc. FORM 502. Belease of Equity of Redemption. This Indenture, made (in duplicate) the day of , A.D. 18 , in pursuance of the Act respecting Short Forms of Conveyances : Between \Vhere.\s, by an Indenture dated t)ie day of one thousand eight hundred and did grant and mortgage unto tlie lands hereinafter described, for securing payment of the sum of and interest, as therein mentioned : Now thi!s Indenture witnesseth, that the said part of the tti-st part, in consideration of tlie sum of of lawful money of Canada, to , well and truly paid by the said part of the second part (the receipt whereof la hereby acknowledged), do grant, release and confirm unto 494 DOMINION CONVEYANCER. the said part of the second part, heirs and assigns^ all . And also all estate, right, title, interest and equity of redemption of and in the said lands which said part of the first part now has or may hereafter claim, either at law or in equity, of, in, to or out of the said lands : To HAVE AND TO HOLD unto the Said party of the second part heirs and assigns, to and for and their sole and only use for ever; subject, nevertheless, to the reservations, limitations, provisoes and conditions expressed in the original grant thereof from the Crown : The said part of the fii*st part covenant with the said part of the second part that he ha the right to grant and release the equity of redemption of the lands before des- cribed : And that the said part of the firat part ha done no act to encuml>er the said lands : And that the said part of the second part shall have quiet possession of the said lands : ^Vnd that the said part of the first part will exe- cute such further assurances of the said lands as may be requi? ite. In witness whereof, etc. Signed, sealed, etc day of FORM 563. Release of Dower (by Widow). This Indenture, made (in duplicate) the A. D. 18 , Between Whereas, of the of in the county of in the province of by an Indenture dated the day of one thousand eight hundred and for the consideration therein mentioned did grant and convey to therein des- cribed heirs and assigns, all that certain piece or parcel of land, situate, lying and being RELEASES. 495 And whereas the said departed this life on the day of one thousand eight hundred and leaving his wife the party of the first iDart him surviving. And whereas the said party of the first part, the wife of the said did not join in the execution of the said Indenture, and at the request of the said party of the second part she hath agreed to execute these presents for the pur- pose of releasing her dower in the said lands and premises hereinbefore described. Now THIS lNDE>jruuE WITXESSETH, that the said party of the first part, in consideration of the premises and of the sum of doUai-s of lawful money of Canada to her in hand well and truly paid by the said party of the second part, the receipt whereof is hereby acknowledged, doth grant, release and (|uit claim unto the said party of the second part, heirs and assigns, all dower and all right and title tiiereto which she the said party of the first part now hath in the said land before mentioned, or can or may or could or might liereafter in anywise have or claim whether at common law or otherwise howsoever in to or out of the lands and premises before mentioned and des- cribed. To have and to hold the same unto the said party o£ the second part heirs and assigns for ever. In witness whereof, etc. Signed, sealed, etc. li FORM 564. Reledse of Bower (by Wife). This Indenture, made (in duplicate) the day of A. D. 18 , Between Whereas, the said party of the second part, the now present husband of the said party of the first part, by an fr -' 496 DOMINION CONVEYANCER. Indenture dated the day of one tliousand eight hundred and for the consideration tlierein fully set forth did grant and convey to therein described lieirs and assigns ; that certain piece or parcel of lanr\ being And whereas the said party of the first part, did not join in the execution of the said Indenture for the purpose of barring her dower in the land thereby conveyed, and she hath at the request of the said party of the third part agreed to execute these presents by and with the full con- sent of the said party of the second part testified by his execution hereof. Now THIS Indenture witnesseth, that the said party of the first part, in consideration of the premises and of the sum of of lawful money of Canada, to her in hand well and truly paid by the said party of the third part, the receipt whereof is hereby acknowledged, doth '(with the approbation and consent of the said party of the second part) grant and release unto the said party of the third part heirs and assigns, all dower and all right »nd title thereto which she, the said party of the first part, now hath, or in the event of her surviving her said husband, the said party hereto of the second part may have in the said land before mentioned, or can or may or could or might hereafter in anywise have or claim, whether at common law or otherwise howsoever, in to or out of the lands before mentioned. To have and to hold unto the said party of the third jwrt heirs and assigns forever. In witness whereof, etc Signed, sealed, etc. *HJH,> it / M 1; RELEASES. 497 n the ght part, band, in the lid or at )f the third FROM 565. Release from one Joint Tenant to Another. This Indenture, made the day of , A.D. 18 . sir Between D. J., of widow of W. J., late of , and sister of S. C, of , of the one part, and the said S. C, of , of the other part. Whereas the said D. J. and S. C. are and stand jointly seized to them and their heirs, of and in all those messuages, etc., situate in the township of in the county of [here insert an accurate description.] Now THIS Indenture witnesseth, that for and in con- sideration of the sum of , by the said S. C. to the said D. J. in hand paid at or before the sealing and delivery hereof (the receipt whereof is hereby acknowledged), she, the said D. J., hath granted, released and confirmed, and by these presents doth grant, release and confirm unto the said S. C. and his heira all and sinffnlar the above mentioned messuages, farms, lands, tenements, hereditaments and premises hereinbefore mentioned, to be the joint estate of them the said D. J. and S. C, with their and every of their appurtenances, and all ways, etc., and the reveraion, etc., and all the estate, etc.: To have and to hold the said mes- suages, farms, lands and premises, with their appurtenances, to the said S. C. and his heirs, to the only proper use and behoof of the said S. C, his heirs and assigns forever. [Add covenants by J. D., that she is lawfully seized of one moiety of the premises in joint tenancy with the said S. C, that she hath good right to grant, for quiet enjoyment, free from incumbrances, and for further assurance.] Witness, etc. Signed, sealed, etc H.O.0— 82 498 DOMINION CONVLYANCER. Jj.Ud ^ FORM 506. MutvMl Release of Debts and Cattfea of Action. Indenture made the day of ,18 between of of the one part, and > of , of the other part. Whereas, there h&ve been divera dealings and trans- actions between the said and with reference to their business and otherwise, and disputes and differences have arisen between them ; and whereas, the said and , have agreed to settle all the said disputes and differences by the payment of a sum of dollara by the said to the said and by the execu- tion of mutual releases in manner hereafter appearing ; Now this Indenture witnesseth, that in pursuance of the said agreement, and in consideration of the sum of dollars, upon the execution hereof paid by the said to the said (the receipt whereof the said doth hereby acknowledge) and of the premises, each of them, the said and doth hereby release the other, his heirs, executoi-s, administra- tors, estates and effects, from all sums of money, accounts, actions, claims, and demands up to the date and execution of these presents. In witness, etc. FORM 667. Mutual Release between Partners. To all to whom these presents shall come : We, A. B., of C. D., of • and E. F., of send greeting : Whereas, dealings and transactions have taken place between us, the said A. B., C. D., and E. F., as partners trading under the name, style and firm of all of which are now wound up and finally settled and adjusted. 1*^ RELEASES. 499 A.B., send I place ""lartners all o£ lusted. Now, therefore, know ye that each of us, the said A. B., C. D. and E. F. doth by these presents, for himself, his heirs, executora and administrators, acquit, release, exon- erate and forever discharge the othera of them, these and each of their heirs, executors and administrators from all sum and sums of money, accounts, reckonings, actions, suits, claims and demands for or on account of any matter, cause or thing whatsoever up to and inclusive of the day of the date hereof. In witness, etc. FORM 568. Release to he Executed by Party to an Arbitration when Required by the Award. Know all men by these presents : That I, A. B., of the of , for and in consideration of the sum of one dollar to me in hand paid by C. D., of , and in purauance of an award made by and arbitrators, between us, the said A. B. and C. D., and bear- ing date the day of 18 , do hereby release and forever discharge the said C. D., his heirs, executora and administrators, of and froni all actions, cause and causes of action, suits, controversies, claims and demands whatsoever, for or by reason of any matter, cause or thing from the beginning of the world down to the , day of , 18 . In witness whereof, etc. FORM 669. Release to a Debtor who has Compounded with his Credi- tors, ami paid the full amount of the Composition. To all to whom these presents shall come, we, whose names and seals are hereunto subscribed and affixed, the respective creditors of , send greeting : 500 DOMINION CONVEYANCER. 1. Whereas by Indenture bearing date on or about the day of last, and made between the said debtor, of the one part, and us, the several creditors, parties hereto, of the other part, after reciting that the said debtor was indebted to us, the said creditors, in the several fiums set opposite to our respective names subscribed to the said recited indenture, and being unable to satisfy the same in full, but desirous to liquidate the same as far as he was able, he had proposed to pay us, his said creditors, within the space of months from the day of the date thereof, the sum of cents in the dollar, which composition, we, the said creditors, had consented to accept in full satis- faction of our respective debts, it is witnessed that, in pur- suance of the said agreement, the said debtor did thereby covenant with us, the said several creditors, that he, the said debtor, would, within tlie space of months from the date thereof, pay unto us the said several creditors, the sum of cents on the dollar upon the amount of our said respective debts. 2. And whereas we, the said several creditors, have respectively received the full amount of said composition on the several sums of money set opposite to our respective names at the foot of the said recited indenture, and also at the foot of these presents. 3. Now therefore know ye, that for the considerations hereinbefore mentioned, we, the said several creditors, parties hereto, do and each and every of us who have here- unto set our hands and seals doth, by these presents, remise, release, exonerate and forever discharge the said debtor, his heirs, executors, and administrators, and his and their lands and tenements, goods and chattels, of, from and against all debts, claims and demands whatsoever which we now have, ever had, or could claim or demand, from or against the said debtor ; and also from and against all and all manner of action or actions, suit or suits, cause or causes of action or suit, which we now have, ever had, or can or may have, RELEASES. 601 against the said debtor, his heirs, executors, or administra- tors, for or in respect of our said debts, or any cause, matter, or thing relating thereto. In witness, etc. li FORM 570. Release of a right of way hy Endorsement on the Deed of Grant thereof. This Indenture, made the , day of » 18 , between the within named grantee, of , of the one part, and the within named grantor of of the other part, witnesseth that in consideration of dollars now paid by the said grantor to the said grantee (the receipt whereof is hereby acknowledged) the said grantee hereby releases and conveys unto the said grantor and his heirs all that road or way, a right of way into, upon, through or over the premises within described gi'anted to him the said grantee by the within written indenture, to the intent that the said grantor and his heirs shall and may at all times hereafter, hold and enjoy the said premises with their appurtenances, free from the said right of way, and all other easements, interruptions, claims and demands whatsoever of or by the said grantee, his heirs or assigns. In witness, eta A* ti i m it: '['i ■m 'I liu :.02 DOMINION CONVEYANCER. SETTLEMENTS. FORM 571. Settlement of Personal Property. This Indenture, made the Between of of , spinster, of and part, in consideration of an intended marriage between the said and , witnesseth as follows : — day of A. D. 18, , bachelor of the first part, of the second part, and of of the third 3 and the 1. The said and shall hold transferred into their names by the said lease of at . in the county of , iissigned to them by the said , by an Indenture of «ven 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 for her sole and separate use (and so that no anticipation thereof shall be valid), and after the death of either of them, to the survivor, during his or her life. 2. Subject to the foregoing trusts, the premises shall be held upon trust for such children or child of the marriage, 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 unappointed in trust for the children of the marriage equally, or child, if but one, who shall attain twenty-one, or being a daughter, or daughtera shall marry, but so that no child shall take an unappointed share without bringing his or her appointed share into account. SETTLEMENTS. 503 3. And, on failure of the foregoing trusts, upon truafe for the said liis executora uud administrators. In witness, etc. Signed, sealed, etc FORM 672. Settlement of Wife'8 Personal Estate in Contemplation of Marriage. This Indenture of three parts, made this day of A. D. 18 , by and between A. B., of , spinister, of the first part, C D., of , Es(iuire, of the second part, and E. F., of , gentleman, of the third part, witnesseth. That, whereas a marriage is intended to be had and solemnized between the said parties of the first and third parts, and the said A. B., is possessed of certain pei-sonal estate, to wit, the sum of which is now deposited with the Company in the City of Toronto, forty shares of the capital stock of the bank in , eleven shares in the capitiil stock of the bank in , all which said A. B., with the consent of said party of the third part, is minded and disposed to transfer to the said party of the second part, in trust for her own proper use and benclit ; Now, therefore, in consideration of the premisoa, and of one dollar paid by the said C. D. to the said A. B. (the receipt wheivof is hereby acknowlerln^ed), the said A. B, doth hereby assi^^n. transfer and set over to the said C. D. and his executors and administrators all the moneys, prop- erty and etieets above mentioned (whereof separate transfers, according to the usages and rules of the aforesaid corporations, have been made, of even date herewith); To hold the same to him the said C. D. and his executors and I 504 DOMINION CONVEYANCER. ill Imp 1^1 < ' I w% mu administrators, upon the special trusts, and for the use and purposes following, and none others, namely : In the first place, that, until the solemnization of the said marriage, the said C. D. shall pay over to the said A. B., or shall empower her to receive for her own use, all the income, profits and dividends arising from the said moneys and effects and from any other estate which may be substituted therefore, as is hereinafter provided. Secondly. — That from and after the solemnization of the said marriage, and during the coverture of the said A. B., the said C. D. shall receive and collect the incomes, profits and dividends of the said trust moneys and effects, or of any other substituted estate, so often and whenever the same shall be payable, and after the deduction of all incidental expimses, shall pay over the same, or so much thereof as she shall not dh-ect to be added to the principal for the purpose of accumulation, to the said A. B. upon her sole and separate receipt thei*efor, and free from the control or interference of her said husband or any other person whomsoever. Thirdly. — That, in case of the decease of the said A. B. after the solemnization of the said marriage, and during the life of her said husband, the said moneys and effects shall be transferred and paid over by the said trustee to such person or persons as she the said A. B. by any instrument or note in writing subscribed by her in presence of at least two competent witnesses, shall order and appoint to take and receive the same ; and in default of her making such appointment, the same shall be ti'ansferred and paid to the said E. F., being then her husband, and in case of his decease before the said property shall be actually trans- ferred and paid over to him, then to suchperaon or persons as would be the legal representatives of the said A B. by the statute for the distribution of intestates' estates. Fourthly. — That, in the event of the decease of the said E. F., leaving the said A. B. surviving, all the property then SETTLEMENTS. 505 held in trust under this indenture shall be transferred and conveyed back to the said A. B.; and, until so transferred, the trustee shall pay over to her, or empower her to receive, the income, profits and dividends of the same for her own use. Fifthly. — That the said trustee shall have power, with the approbation or at the request of the said A. B., expressed in writing, to sell and dispose of the said trust estate, or any part of it, and the proceeds to invest in other personal or in real estate, according to the written direction of the said A, B.: and the estate so purchased shall be had and held by the trustee for the same uses and purposes, and upon the same trusts as are declared in and by this indenture, of and concerning the property and estate first above mentioned, and may be sold and the proceeds reinvested from time to time in trust in manner aforesaid; and it is hereby declared, that the purchaser of any estate held in tinist as aforesaid, shall not be bound to see to the application of the said purchase money. Sixthly. — That, in case of the decease of the party of the second part, or of his resignation of the said trust, he or his executors or administrators shall convey, transfer and pay over the whole of the trust estate then held by him to such person or persons as may be appointed in writing by the said party of the first part to be the trustee or trustees under this indenture ; and such new trustee or trustees shall have all the powers, and shall hold the trust estate subject to all the provisions herein set forth and expressed ; and the receipt of such new trustee or trustees for the trust property shall be a complete acquittance and discharge to tlie said party of the second part, his executors and administrators ; and i'l like manner other new trusteea may be appointed from time to time, as occasion may- require. ^06 DOMINION CONVEYANCER. And the said party of the second part doth hereby signify his acceptance of the said moneys and effects, and doth engage to hold and manage the same upon the trusts and for the uses herein mentioned. And the said party of the third part doth hereby signify his assent to the provisions of this indenture, and doth covenant to and with the said party of the second part and his successors in the said trust, to permit the said party of the first part, after the solemnization of the said intended marriage, to receive the aforesaid income and profits to her sole and separate use, and freely to dispose of the trust estate, by her will or by her testamentary appointment, to such person or persons as she may bequeath the same to, and not to interfere with the said trust estate otherwise than in conformity to the provisions of this indenture. In witness, etc. Signed, sealed, etc. I'M FORM 573. Settlement of Wife's Real and Personal Estate in Con- templation of Marriage. This Indenture of three parts, made this day of , A.D. 18 , by and between A. M., of , spinster, of the first part, W. M. and R. M., of of the second part, and H. B., of , clerk, of the third part, WITNESSETH, that whcreas a marriage is intended to be had and solemnized between the said parties of the first and third parts, and the said A. M. is possessed of certain real and personal estate, to wit, one undivided seventh part of all the estate, real and personal, whereof her late father, W. M., Esquire, died seized and possessed, all wliicli the said A. M., with the consent of the said party of the third part, is minded and disposed to transfer and convey SETTLEMENTS. 507 f unto the said parties of the second pait, in trust for her own proper use and benefit : Now, therefore, in consideration of the premises, and of one dollar paid to the said A. M. by the parties of the second part (the receipt of which is hereby acknowledged), the said A. M. doth hereby give, grant, bargain, sell and convey ipto the said VV. M. and R. M., and their heirs and assigns, and to the survivor of them, and his heirs and assigns, one undivided seventh part of all the estate of which the said W. M., Esquire, died seized and possessed, consisting of real estate, bank, insurance, and manufactur- ing stocks, furniture and other pei*sonal property, whereso- ever the same may be situated : To have and to hold the same to the said W. M. and R. M., and their heirs and assigns, and to the survivor of them, and his heii-s and assigns forever, but upon the special trusts and for the uses and purposes, and subject to the powers and obliga- tions following, and none other, namely : First. — That until the solemnization of the said in- tended marriage, the said trustees shall hold the said estate and property to and for the sole use of the saitl A. M., and shall pay over to her, or empower her to receive for her own use, all the rents, income and dividends, arising from or out of the said trust funds or estate. Secondly —That from and after the sf)lemnization of the said intended marriaLre, the said trustees shall collect and receive the rent.s, income and dividends of the said trust estates and moneys, or of any estates or property which may be substituted therefor, as is hereinafter pro- vided, so often and whenever the same may be due and payable, and, after the deduction of all incidental expenses, shall pay over the same to the said A. M., upon her sole and separate receipt, and free from the control or interfer- ence of any person whomsoever, during her coverture with the party of the third part. 508 DOMINION CONVEYANCER. Thirdly. — That in case of the decease of the said A. M., after the solemnization of the said marriage, and during the Hfe of her said husband, the said trustees shall hold the said estate to and for the use of such person or persons as the said A. M., by an instrument in writing subscribed by her in the presence of two witnesses, shall name and appoint to take and enjoy the same : And the said trustees shall forthwith execute and deliver all such deeds and papers as they shall be advised by counsel learned in the law to be proper and needful to convey and set over the said trust estate and funds to the person or persons so named and appointed ; and in default of such appointment, the said trustees shall hold the said estate to and for the use of her said husband, for and during his life, and shall collect and pay over to him, from time to time, after de- ducting all incidental expenses, all the rents, income, and the profits of the trust estate, or may suffer him to collect and receiv^e the same, he keeping the real estate in good repair : And from and after the decease of the said hus- band, the said tinistees shall hold the same to the use of such hell's, or of the legal representatives of the said A. M. as would be entitled to the same in and by the Statutes of this Province now in force, regulating the distribution of intestates' estate, in case the said A. M. had died, seized and possessed thereof intestate ; And the trustees shall execute and deliver all such deeds and instruments as may be needful to transfer the said trust estate or funds unto the persons hereby specified and named. Fourthly. — That in the event of the decease of the said party of the third part, leaving the said A. M. him surviving all the estates and property then held in trust under this indenture, shall be conveyed and transferred back to the said A.M., and the trustees shall forthwith execute and deliver all such ieeds and instruments as they shall be advised by counsel learned in the law to be needful and proper for that purpose. SETTLEMEXTS. 509 [Further provisions hhiy he added respoctinfj insitrauce, etc.. and other dtUies of the truntees, us the cam may require.] In witness, etc. Signed, sealed, etc. FORM 574. Settlement of a policy on Husband's Life effected in the name of 'Trustees. This Indenture, made the day , A.D. 18 , Between A. B., of bachelor, of the first part, C. D., of , spinster, of the second part, and E. F., of , and G. H., of of the third part, witnesseth as follows : 1. In consideration of an intended marriage between the said A. B. and C. D., it is agreed that, after the said marriage, the said E. F. and G. H., their executoi-s, adminis- trators and assigns, shall hold the moneys receivable on a policy for on the life of the said A. B., granted on the day of , by the Insurance Company, in the names of the said E. F. and G. H., and numbered and also the moneys receivable under every policy effected under the powers hereinafter given, 2. Upon trust that the said E. F. and G. H., or the survi- vor of them, his executoi-s, or administrator or their or his assigns (with the written consent of the said A. B. and C. D., and after the death of either, with the written con- sent of the survivor if living), shall invest the said moneys and the moneys realized under this trust in or upon any public stocks, funds or securities. 3. The said trustees shall pay the income of the premises to the said C. D., if she shall survive the said A. B., during her life. 1;/ m 510 DOMINION CONVEYANCLIt. lij' ?'') n ; i' 'lit'-"' W,;,;!',il m 4. Subject to the foregoing trusts the premises shall be held in trust for such children or child of the marriage, as the said A. B. and C. D. shall by deed or will appoint, and 80 far as the same shall be unappointed in trust for such children equally, or child if but one, who, being sons or a son, shall attain twenty-one, or, being daughters or a daughter, shall marry ; but so that no child shall take any unappointed share without bringing his or her appointed share into account. 5. On failure of the foregoing trusts the premises shall be held in trust for the said A. B., his executors, adminis- trators and assigns. 6. Bonuses receivable under the said policy are to go in uction or payment of premiums, either by virtue of I', irrangement to be entered into for that purpose with the said company or otherwise. 7. T"'^ said A. B., for himself, his heirs, executors and administrvlor,-, covenants with the said E. F. and G. H., their executors and administrators, that he the said A. B., will pay the premiums on the said policy when due and will do or sutler nothing whereby the same may become void, voidable or lapsed, and in the event of such policy becoming void, voidable or lapsed, will at his own cost do all acts required to enable a policy in lieu thereof to be effected, and will repay to the said E. F. and G. H., their executors or administrators, on demand, with interest at per cent, per annum, all sums paid by them for effecting or keeping up the said policy or any policy sub- stituted for the same as aforesaid. 8. Provided that all the covenants herein contained shall apply to any such substituted policy in the same manner as to the said policy already affected. In witness, etc. Signed, sealed, etft SETTLEMENTS. 511 FORM 575. Settlement by ititending Husband of a Policy on his Life. This Indenture, made the day ot , A.D. 18 Between A. B., of, etc., of the first part, C. D., of, etc., of the second part, and E. F., of, etc., and G. H., of, etc., of the third part, witnesseth as follows : — 1. In consideration of an intended marriage between the said A. B. and C. D., the said A. B. assigns unto the said E. F. and G. H., their executors and administrators, a policy for on the life of the said A. B., granted to him on the day of , 18 , by the Insurance Company, and numbered 2. Upon trust that after the said marriage the said E. F. and G. H., and the survivor of them, his executors or administrators, or their or his a.ssigns (with the written consent of the sft-id C. D. if living, and after the death of either with the written consent of the survivor if living),, shall invest the moneys receivable on the said policy, and on any other policy effected under the powers hereby given in or upon any public stocks, funds or securities. {Insert Clauses 3, 4, 5 and 6, as in last Fonn.) 7. The said A. B., for himself, his heirs, executors and administrators, covenants with the said E. F. and G. H., their executors and administrators, that, notwithstanding anything by the said A. B. done or knowingly suffered, he is entitled to execute this assignment of the pi'emlses free from incumbrances and that he and every pei*son claiming under or in trust for him, .shall, at his own costs, do all acta required for perfecting such assignment or recovering the moneys due under the same policy, or any other policy made pursuant to the trusts hereby created. And that the said A. B. will pay the premiums on the said policy when due, and will do or sufter nothing whereby the same may become void, voidable or lapsed, and in the event of the said :) : if i m 512 DOMINION CONVEYANCER. •policy becoming void, voidable or lapsed, will at his own costs do all acts required to enable a policy in lieu thereof to be effected, and will repay to the said E. F. and G. H., their executors or administrators, on demand with interest at per cent, per annum all sums paid by them for •effecting or keeping up the said policy, or any policy sub- stituted for the same as aforesaid. 8. Provided that all the covenants herein contained ahall apply to any such substituted policy in the same manner as to the policy hereby assigned. In witness, etc. Signed, sealed, etc SEPARATION DEEDS. 513 SEPARATION DEEDS. FORM 576. Separation, Deed of. This Indenture, made the day of A.D. 18 . Between A. B., etc., of the one part, and D. E., etc., and C., wife of the said A. B., of the other part. Whereas some unhappy differences have lately arisen between the said A. B. and C, his wife, and they have mutually agreed to live separate and apart from each other; and previous to such separation he the said A. B. hath consented thereto, and also proposed and agreed that he, out of his own proper moneys would allow and pay the said C, his wife, during the term of her natural life, for her better support and maintenance, the annuity or yearly sum of clear of all taxes, charges, and deductions what- soever payable to her in such manner as hereinafter is mentioned (subject nevertheless to the proviso hereinafter contained, respecting the payment of the said annuity), and also that, in case the said C, his wife, should die before the said A. B., that then the said A. B. should pay to her exe- cutors or administrators the sum of towards her funeral expenses. Now this Indenture witnesseth, that the said A. B., in pursuance of his aforesaid proposal and agreement, doth hereby, for himself, his executors and administrators, and for every of them, covenant, promise and agree, to and with the said D. E., his etc., in manner and form following (that is to say), that it shall and may be lawful to and for the said C, his wife, and that he the said A. B. shall i\ml will permit and suffer her the said C, from time to time, and at all times from henceforth during her natural life, to live H.D.O.— 33 i\''] 814 DOMINION CONVEYANCER. 11 ') ,*' 1 separate and apart from him, and to reside and be in such place and places, and family and families, and with such relations, friends, and other persons, and to follow and caiiy on such trade and business, as she the said C, from time to time, at her will and pleasure, notwithstanding her present coverture, and as if she was a feme sole and unmarried, shall think fit. And that the said A. B. shall not nor will, at any time or times hereafter, compel her to cohabit with him, or molest, disturb or trouble her, for such living separate and apart from him, or any other pei-son or persons whatsoever, for receiving, harboring, or entertaining her ; nor shall nor will, without the consent of the said C, visit her, or know- ingly come into any house or place where she shall or may dwell, reside, or be : or send, or cause to be sent, any letter or message to her ; nor shall or will, at any time hereafter, claim or demand any of the moneys, rings, jewels, plate, clothes, linen, woollen, household goods, or stock in trade, which the said C. hath now in her custody or possession, or which she shall or may hereafter buy and purchase, or which shall be devised and given to her, or she shall other- wise acquire, and that she shall and may enjoy, and absolutely dispose of the same as if she were a feme sole and unmarried. And further, that the said A. B., his executors and administrators, or some or one of them, shall and will well and truly pay unto the said C, his wife, or her assigns, during the term of her natural life, for and towards her better support and maintenance, one annuity or yearly sum of free and clear of all chai'ges, taxes, and deductions whatsoever ; the said annuity or yearly sum of to be paid and payable to her the said C. and her assigns, during her natural life, in four eijual paj'ments, each amounting to the sum of on the first days of March, June, September and December in every year, or within ten days next following ; the first quarterly payment thereof to be- gin and be made on or within ten days next following. SEPARATION DEEDS. 515 In consideration of which sum of per annum, so hereby made payable to her the said C, in manner as aforesaid, she the said C. doth liereby ar them. re], ses.] FORM 592. Will by which a Testator gives the whole of his Property to his Wife arul appoints her Sole Executrix. I, [testators name and description^ declare this to be my last will and testament. I do hereby give unto my dear wife [wame] all my real and personal estate whatever and wheresoever, to hold unto her, her heirs, executors and administrators, according to the nature and qualities of the ! said premises, absolutely and forever. And I hereby ' APPOINT my said wife sole executrix of this my will, at the same time revokin<^ all former and other wills, codicils tes- tamentary dispositions and appointments whatsoever by me at any time heretofore made. In witness whereof I have hereunder set my hand this day of , in the year of our Lord (Signed) [Testator's signatv/re\ [Attestation cla\JLse\ [Signature of two Witnesses']. FORM 693. Will giving to one Person all the Testator's Real and Per- sonal Estate, Subject to two Legacies, one General, the other Specific. This is the last will and testament of me (testator's name and de.'irri2)fion). I devise and bequeath all the real and personal estate to which I shall be entitled at the time of my decease unto [devisee's name, description and addition], absolutely (but, as to estates vested in me [tpon trust or] by way of mortgage, subject to the equities affect- ing the same respectively), subject to the payment thereout of the legacies bequeathed by this my will. I give and BEQUEATH to my nephew [nej^hews name] that silver race cup won by me on the day of , 18 , at [state if if ! 528 DOMINION CONVEYANCER. name and description of race]. I also give and bequeath to my dear friend [friend's name] the sum of 8 [state amount]. And I appoint [name] sole executor of this my will, hereby revoking all other testamentary writ- ings. In witness whereof I have hereunder set my hand this day of , in the year of our Lord. (Signed) (Testators signature.) [Attestation clause.] [Signatv/re of two witnesses.] m FORM 594. WUl of Married Woman disposing of Real and Personal Estate in favour of her Husband subject to Legacies. This is the last will and testament of me [testator's name], the wife of [husband's name and description]. I GIVE all the real and peraonal property of which by virtue of any power or authority, or of any separate right of pro- perty or otherwise, I am competent to dispose, unto my said husband for his absolute use subject to thf> payment thereout of the pecuniary legacies liequeathed by this my will. I BEQUEATH the legacies following (namely): To [enumerate each and every legacy and legatee]. And I appoint my said husband sole executor of my will. Lastly, I revoke all former testamentary writings. In witness, «tc (Signed) {Testators signature). [Attestation clause] [Signature of two vdtnesses]. WILLS. FORM 593. 629 Will of Personal Property hy which several Legacies are bequeathed and a Residuary Legatee ajypoiiited. I [testator's vamc and description'] do declare this to l)e my last will and testament, and I do hereby revoke all other testamentary writings : I bequeath the following legacies (namely): To my sister [name of sii^fer\i\\c nxwn. of [amount] . I give and bequeath to my friend [name of friend] the sum of [state amo\int\ I also bequeath to each of my domestic servants who shall be living with me at the time of my death in the capacity of [state description of servants] the sum of [state amiount]. And as to all the rest residue and remainder of my personal property I bequeath the same unto [name of residuary legatee], his executors, administrators ?nd assigns absolutely and forever. And I appoint [Tiame] and [name] executors of this my wilL In witness, etc. [Signature and attestation as in previous form]. I FORM 596. Will giving to one Person absolutely all the Testator's Real and Personal Estate. I [testator's name and, description] declare this to be my last will and testament. I devise and bequeath all the real and personal estate to which I shall be entitled at the time of my decease unto [devisee's name and descrip- tion] absolutely, and I appoint the said [name] sole executor of this my will, hereby revoking all former testa- mentary writings. In witness whereof I have hereunder set my hand this day of , in the year of our Lord (Signed) [Testator's signature.] [Attestation clause.] [Signature of two witnesses.] B.D.C— 84 I 6ao DOMINION CONVEYANCER. FOllM 5'J7. Bequest to Wife of Persoiud Ejects and Fitrnitare. I bequeath to my wife all articleH of personal, (.loinestio or houseliold use or ornament, including my furniture, booka, pictures, provisions, consumable stores, and all household effects which at the time of my death shall be in, about or belonging to the house in which I may reside at my decease. FORM 698. Bequest of Leasehold House with Furniture. I bequeath unto all my leasehold house wherein I now reside, with the gardens and lands held therewith, situate at in the county of , for all the residue of the term unexpired at my decease for which the said premises are holden, 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 efli'ects in, about, or belong- ing to the said house. FORM 599. Bequest of Business. I bequeath my son the goodwill 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 acfnnnt at my bank at the time of my decease; my said on dibciuirging and indemnifying my general est'^* .n all debts and liabilities due or subsisting in res) >i the said 1 iinesa at my decease, and, if required by lu^ represt itative, enter- ing into a bond or covenant in that behalf. WILLS. 631 FORM 600, Beqit^st of Policy of Inmirnvce. " And whereas I am posseHsed of the following policy of insurance upon my life, namely, a policy effected with the Life Insurance Co., for dollare, dated the day of , IH , and numbered now I bequeath the said policy, with the sum of dollars thereby assured, and all accretions or additions thereto, unto my said wife absolutely. FORM 601. Release of Debts to Debtor. I release and forgive to or to his representa- tives if he shall die in my lifetime, every sum of money with all 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 obligation or security for the same, shall be released or given up to the said or his representative. FORM 602. Legacy to Wife for Immediate Use. I bequeath to my wife the sum of dollars, to be paid to her within one calendar month (or, as soon as may be) after my decease, for her immediate requirements. I I i I I ji I i FORM 603. Legacy to Creditor. I bequeath the sum of dollars to and I. declare that said legacy shall be in addition to, and not in satisfaction of, any debt which I may be owing jiim at the time of my decease. 682 DOMINION CONVEYANCER. FORM C04. Direction as to Priority of Legacies. I direct that in case of a deficiency of assets, for the full payment of all the pecuniary legacies hereinbefora bequeathed, the said le^^cies shall be paid in full respec- tively in the order of priority in which they are herein- before given, as far as the assets applicable for the payment thereof will extend. FOBM 605. Direction that Certain Legacies shall abate in Cas$ of Dejiciency. I direct that if the moneys to arise from my estate applicable to the payment of debts and legacies shall not be sufficient to pay in full such debts and the legacies hereby bequeathed, then the legacies hereby given to and shall abate proportionally in favour of the other legacies hereby given. FORM 606. Legacy to a Married Woman. I BEQUEATH to [insert name], the wife of [state hu^xinds name and ■" anie8]. Provided always, and I hereby direct that the said \insert name'] shall not be entitled to receive the value of the said annuity in lieu thereof. FORM 611. Legacy to a Hospital. I bequeath to the hospital at {state place] the sum of [state am.oui^t'] to be paid the treasurer for the time being hereof, at the end of twelve calendar months from my decease, out of such part of my pei-sonal estate as the law permits to be bequeathed to charitable purposes. FORM 612. Legacy to an Adult I BEQUEATH [state amount] to [insert name]. FORM 613. ]f the Legatee is a Minor ami a Male the follovring Form may he used. I BEQUEATH to [insert nanie"] the sum of [state arjiottwf] to be vested in and payable to him upon attaining the age of twenty-one years [either with or without interest in the meantime, accoi'ding to the wish of the testator]. FORM 614. // the Legatee is a Minor and a Female. I BEQUEATH to [insert name] the sum of [insert amounf] to be vested in and payable to her for her sole and separate use upon attaining the age of twenty-one years or marry- ing [either with or without interest]. I \i WILLS. 535 FORM 616. Legacy giving Mourning Rings. I BEQUEATH to each of my friends [names] the sum of [insert anwunt] each for the purchase of mourning rings. FORM 616. General Residuary Bequest. And as to all [pther^ the personal estate and effects what- soever and wheresoever (including leaseholds for years) of which I shall be possessed, or over which I shall have any power of appointment or disposition at the time of my decease, I bequeath the same and every part thereof unto [insert name], for his own absolute use and benefit, after payment thereout of my debts, funeral expenses, the charges of proving this my will, and any legacies which I may bequeath by i*, or by any codicil thereto. mt] [ige the I int] rate ry. FORM 617. Codicil appointing a Trustee and Executor in the Place of one deceased. This is the first codicil to the last will and tes- tament of me [testator's name, etc], which will bears date the day of , in the year . Whereas [name], named in my said will as a trustee and executor, Is lately dead. Now, it is my will that [name, etc.] shall be substituted in the place of the said [deceased trustee] as one of the trustees and executors of ray said will; And I DIRECT that my said will shall be read and construed as if the name of the said [substituted trustee] had been inserted therein in the place and instead of the name of the said 836 DOMINION CONVEYANCER. [deceased trtiatee] ; And I confirm my said will except aa aforesaid. In witnejss, etc. (Signed) [Teatator'a Signature], [Attestation clause] [Signattvre of two Witnesses]. FORM 618. Vodicii revoking Certain Legacies given by a WUl and svhstituting others. This is a codicil to the last will and testament of me [insert testator's name and description], which bears the date of day of . Whereas by my said will I have given legacies of [amount] to [insert name of leg- atee], and of [amount] to [iTisert name of legatee] : Now, I HEREBY revoke the said legacies. And IN addition to the legacies given by the said will, and not revoked by this codicil, I GIVE a legacy [amx)unt] to [insert name of legatee] and a legacy of [amount] to [insert name of legatee]. And in all other respects I do confirm my said will. In wit- ness, etc. (Signed [Testator's Signature]. [Attestation Clause]. [Signatu7'e of two Witnesses], FORM 619. Codicil revoking Will. I [insert Tiame and description] do herby revoke an instrument bearing date [explain], and purpoiiing to be my last will and testament. In witness whereof I have here- under set my hand this day of , in the year of our Lord (Signed) [Testator's Signature]. [Attestation Form]. [Signature of two Witnesses], fN. B.^It will be nmembered that every oodiofl mu$t be exeoated •iMtly in the same manner aa a will.] 687 WILLS. FOBAl C20. Codicil reviving WiU. tho Bame. Now iVL ^,^ ' "'' ^«™ «"'«."'voke,l 1 I X, . nereoy annul such revocation >lii<1 dedare^hat the said will is valid and subsistinT In ^ (^^^^iined) [TfiHtator's Signature} [Attestation Clause]. [Signature of two Witneaae^]. INDEX. 539 GENERAL INDEX. REFERENCES ARE TO PAGES. A. AlWDAVITS AND OaTHS— conimenoement, general forma of. 1 jurat, forms of, 2 Precedent$— of claim under CreditorB' Relief Act 5 execution under Registry Act, -2 ' of an award, 132 bill of sale, 192 of justification by a surety, 4 honajides by bargainee in bill of sale, m agent of bargainee, 191 chattel mortgagee, 221, 229, 237 "Kent of mortgaf{ee, 22.S to lead grants of Crown lands- by head of family, lo male not head of family U to iJUl '^^^"l °' application for patent. 12 to lead issue of marriage license. .5 under Dominion Lands Act- by an agent, 26 for person who has improved, 28 of person who has forfeited, 30 by person who has forfeited, 27 not previously settled, 28 settled, 29 under Free Oranu Act— by applicant in Rainy River District, 17 for cancellation of location 21 for patent, 19 by head of family, 13 H.D.C 85 ■**l I 540 DOMINION CONVEYANCER. i Affidavits and Oaths — Continued. by single man for 100 acres, 12 for allowance on account of rock, 15 under Land Titles Act — of execution, where bar of dower, 3 where transferrer is unmarried, 8 under Mechanict' Lien Act — affidavit verifying claim, 373 of execution of discharge, 375 verifying claim of woodman's lien for wages, 377 under Mines Act, 1892 — by discoverer claiming exemption from Royalty, 24 by surveyor in support of claim for exemption, 25 in support of application for location, 23 under Naturalization Act — oath of allegiance, 9 having taken oath of allegiance, 9 residence, 8 service, 8 AOREEMENTS — attestation, forms of, 33 commencement, forms of, 31 testimonium, forms of, 32 geueral form of agreement, 33 Aqbeeuents Relating to Personal Property, 79-100 agreements between author and publisher, 95-97 for publishing on terms of division of profits, 95 for payment of a royalty on all copies sold, 97 that publisher shall pay a specified sum for each edition, 96 Between master and servant, 90-93 between employer and labourer, 93 master and servant, 90 merchant and salesmen, 91 merchant and travelling salesman, 91 with a clerk or workman, 93 agreement depositing goods as a security, 81 giving a general lien with a power of sale, 81 for sale of good will, stock in trade, fixtures and book debts, 83 for sale of grain, 83 hotel furniture and fixtures, 85 a physician's practice, 87 a ship or vessel, 89 for purchase of sole right of compounding and selling a patent medicine, 99 INDEX. AOREEIIENTS RELATING TO PERSONAL PBOPERTY-Co«tj«Md. of bargain and sale of goods, 79 to pay a debt contracted during infancy, 94 to sell on commission, 79 for eonditioiial talts of chattels, 249, 251 Agreements Reiutino to Realty Building Contracts — by way of snb-contract between builder and carpenter, 74 for certain repairs, 75 for specified repairs and improvements, 76 with builder for erecting a house, 68 carpenter for work according to specification, 70 the same, a concise form, 72 owner furnishing material, 73 Agreements — by mortgagor to postpone sale under power, 53 for an exchange o' land, 47 continuance of encroachment, 60 extension of a mortgage, 51 a lease, 60 letting a house for years, 64 furnished house, 67 lodging, 66 unfurnished house, 66 partition, 48 for the sale of land, 34 same, other forms, 36, 37, 38 Special clauses in — defect in title to part not to annul sale, 41 forfeiture of deposit and resale, 45 incumbrance to be discharged, 42 liquidated damages for non -performance, 45 misdescription not to annul sale, 41 possession and adjustment of rents, 44 purchaser of largest amount to retain title deeds, 47 to buy fixtures at valuation, 45 to get in outstanding estates, 43 sale subject to lease for lives, 44 mortgage, 42 existing tenancies, 43 undertaking that tenants will deliver possession, 44 vendor may cancel sale if title objected to, 40 to retain title deeds. 46 agreement for sale of standing timber, 55 the same, another form, 57 tenancy of house, 63. 641 542 DOMINION CONVEYANCEH. AoBEKUENTS Belatino TO "RthLTi— Continued. that purchaser may retaui part of purchase money until defect in title removed, 59 to cultivate land on ahares, 55 to execute a lease after erection of buildings, 61 relating to party wall, 472 Alleoiamcx — oath of, 9 Annuity — bond for payment of, 205 grant of, by deed, BI5 bond, 816 Appointments, 101-107 by wife of personal estate, to take effect on her deceuue, 104 of real estate under a power in a marriage settlement to a son in fee without prejudice to life estate, 101 of share of settled personal estate by father and mother to a daughter in contemplation of marriage, 102 to a daughter of a share of trust funds under a power contained in a will, lOa to change investments, 100 revocation of appointment and new appointment by endorse- ment on the original deed of appointment, 107 Apprenticeship, 108-117 apprenticeship indenture, 108 to learn housework, 109 the master to clothe and support, 110 cancellation of apprenticeship indenture endorsed thereon. 111 articles of clerkship to an attorney, 112 agreement between surveyor and apprentice, 114 assignment of apprenticeship indenture by endorsement, 140 articles of clerkship, 117 Abbitiution, 118-134 appointment of umpire by endorsement, 128 arbitrator in pursuance of an arbitration clause in partnership deed, 124 arbitrator under Mechanics' Lien Act, 124 umpire by arbitrators by endorsement, 126 third person as additional arbitrator, 126 award by an umpire, 126 referees, 128 arbitrators, 128 where submission was by agreement and stating assent for enlargement, 130 money 104 to a sou lier to a outained endorse- reon, HI e, 114 int, 14C tion clause 124 it, 12« 126 ting assent INDEX. Arbitration— Conti«u«(/. by sole arbitrator, 131 amended, on reference back, 181 affidavit of execution of award. 132 arbitrator's, appointment to proceed, 132 peremptory appointment, 13;} demand for documents, 133 enlargement of time, by arbitrator, 13i the parties, 134 notice to umpire of disagreement, 188 of publication of award, 134 to arbitrator of revocation, 125 revocation of submission, 126 submission, 118 by bond, 122 deed, ll'J Articles or Clerkship — to an attorney, 112 to a surveyor, 114 assignment of, 147 ASSIONMENTS— general form of, 135 of crown lands, 135 by one partner to the other of debts due Ann, 142 of partnership property in trust to close concern, 142 by one partner to another, 143 of apprenticeship indentures by endorsement, 146 articles of clerkship, 147 a bond by endorsement, 149 the same, concise form, 161 replevin bond, 152 bail bond, 152 several demands, 152 debt and warranty, 163 part of debt, 154 book debts, 155 debt, with power of attorney, 155 judgment debt, 157 wages due and to become due, 159 legacy, 159 copyright in a book, 161 policy of life insurance, 163 same, another form, 163 short form, 164 claim for loss under fire insurance policy, 164 shares to broker as collateral security for advance, 165 548 644 DOMINION CONVEYANCER. AtMiamnistH— Continued. 0/Ua$ei— of lease, general form, 180 of lease by admiQistrator, 188 Of mortiiage, 189-142 of mort), 257-203 ordinary form of, 257 standing conditions of sale by the court, 258 Special Clauses in — completion, where a cash sale, 2C0 where a ]^)ortiun is left on mortgage, 2(U conveyance, 2(58 error in description, 2C>'2 on default of purchaser, vendor may re-sell, 208 possession, 201 power to rescind, 2(52 purchaser to sign agreement, 200 i 549 INDEX. Conditions of Sale of Laku —Continued. reserve price, 260 search of title, 261 time for objections, 262 Copyright, assignment of, 161 Creditors' Relief Act, affidavit of claim under, 5 Crown Lands— affidavit to lead grants of Crown Lands, 10, 11, 12. under liominiou Lamh Act, 26-30 Free Grant* Act, 12-'21 Mines Act, 1892, 23-2 » assignment of, 135 Debt — contracted during infancy, agreement to pay, 'M assignment of several demands, 152 debt with warranty, 153 part of debt, 154 book debts, 155 debt with power of attorney, 155 judgment debt, 157 guarantee of payment of, 329 Declaration of Trust, 264-268 by trustees who have taken u mortgage for several lenders. 267 of a bond, 2()"i funds added to trust funds comprised in a settlement, 268 purcJmse money, 2(55 stock, 266 undivided share of purchased land, 261 DEKi>a — Description of parcils— of a farm, 277 an irregular piece of land, 277 a mill, 276 reversion after life tenancy. 276 undivided lialf, 276 with engine and machinery, 277 Jle»errationH — of right of way, 272 right to use well, 272 right to lay sewers and pipes, 273 with right in passage-way in common with others, 275 i « 650 DOMINION CONVEYANCER. Deeds— Coiitii. ued. of way subject to liability to repair, 275 to use drains, 276 Subject to incumbraiicet — subject to a mortgat^e which grantee af sumes, 281 lease, 282 life estate, 282 contribution for maintaining roads, 282 Habendum — to hold as partnership property, 280 habendum as to land and as to moveable personal property, 280 to uses to be declared, 281 trustees as joint tenants, 281 trustees under a will directing purchase of real estate, 281 Vovenantu — as to setting buildings back from the street, 279 covenant concerning light, 2*,)3 no building except a private dwelling-house, 278 not to carry on an offensive business, 278 make windows overlooking grantor, 278 use for trade, 278 to erect a dwelling>house of a certain cost, 279 to keep building lines, 279 Common form$ — conveyance under B. S. O., 1887, o. 100, s. 17: 270 transfer of freehold or leasi^hold land (Land Titles), 270 the .same, in parceld, 271 by endorsement, 271 deed with dower, 271 another form, 278 deed of bargain and sale, 282 General forms — deed by building society under power of sale, 299 co-heirs, 302 heir and executors of a vendor who has died pending a contract of sale, 318 mortgagor and mortgagee of a portion of the mortgaged premises, 31-1 of confirmation, 308 by executors, 3is5 of exchange, 290 another form, '296 of gift of personal property, 303 lands, 306 another form, 303 INDEX. Vkekb— Continued. of partition, 299 another form, 806 poll by executors, 307 of water course, 294 right of way, 295. trubt for married woman. 310 under power of sale, 287 reserving ground rent, 317 grant of annuity, 315 same, by bond, 316 Quit claim deed, 311 tax deed, 291 trustees under power in a will, deed b>, 312 Compotition deed tcilh creditors, 320-325 Discharge of Mobtoaoks— of chattel mortgage, 243 aflSdavit of execution, 244 Dower, form of release of, 494 551 E. Encroachment, agreement as to continuance of, 50 Exchange, agreement for, of real property, 47 deed of exchange, 296, 298 Execution, affidavit of under Registry Act, 2 under Land Titlct Act, 3 of an award, 132 of bill of sale, 192 of chattel mortgage, 222, 230, 239 Extension— of time for payment of mortgage, 51 agreement by mortgagee to postpone galo under power, 53 assent of second mortgagee to extenbion of first, 409 F. Farm Lease, form of, 344 covenant to keep in good condition, 340 consume hay, etc., on premises, 340 leave unspent hay and manure, 340 properly cultivate, 311 FcRxiTCRE, agreement for sale of, of hotel, 86 ■m 562 DOMINION CONVEYANCEH. G. Goodwill ok Uubinesh, agreement for sale of, 83 Orowino Timber, at^reement for sale of, 55, 57 QCARANTEE, 326, 320 for goods sold to a third person, 327 the same, another form, 328 of bond by indorsement, 32 Preeedenti of agreement for, «0 for letting a house for years, (!4 furnished house, r^^ furnished lodging, m unfurnished house, 66 for tenancy of a house, (j3 to execute lease upon completion of buildings, 61 Precedentt of lease* — lease of part of a house, 359 lease of house, 381 short house lease, 835 farm lease. 844 ■tatutory lease, 848 558 554 DOMINION CONVEYANCEU. LiABEB — Continued. renewable lease, 350 lease of oil lands, 857 Crown lease of mining lands, 3C0 application for registration of notice of lease or a(;rei-ment for lease (Land Title), 370 assignment of lease, general form, 130 by administrators, 138 bond to indemnify tenant paying rent where title in dispute, 204 mortgage of a lease, 403 Notices regarding — to quit by landlord, 441 to quit by tenant, 441 claiming double rent for holding over, 411 Lease System - agreements for purchase on, 348-256 And tee Conditional Sale of Chattf.ls. Legacy — assignment of, 150 form of, 531 release to executors on payment of, 490 from legatee on coming of age, 4S)I LiKN— bond to secure payment of lien on saw lo^ct, 321 mechanics' lien claim of, 371 claim of, for wages, 372 Life Insdrancf. Policy — assignment of, 163 other forms of, 163, 164 mortf^age of a life policy, 405 notice to insurance company of the mortgage, 407 settlement of, 609, 511 M. Markiaoe License, affidavit to lead issue of, 5 Master and Servant, agreements between, 90-93 between employer and labourer, 93 master and servant, 90 merchant and salesman, 91 travelling salesmen, 91 with a clerk or workman, 93 nt for e, 204 f.VUEX. Mechanic's Lies Act- appointment of arbitrator under, 124 claim of lien, 371 - for wajjes, .H72 the same, by several claimants, H72 affidavit verifying claim, 873 notice by sub-contractor to owner, 371 discharKoof lion, 374 affidavit of execution of, 375 notice of sale of chatteln, 375 woodman's lien for waxes, 370 affidavit verifyinj,', 377 MEncHANT-Asreement with travelling salessna.:. !»1 salesmuu, Ul MlNKB— Crown lease of lands, 3,'a«or to mort-a-ee, 383 provision for reduction of interest on punctual i.ayme„' m privilege of payment before maturity. 385 mortKa^ee may insure if mortf-agor does not, 385 notice of sale under power, 88(5 purchaser not put on inquiry, 38« H.o.c— 36 555 556 I OMIXIOX COXVKVAM Fli. MOHTUAOE — Co'ltiltUed. iwwcr of siile txerciitiblo by assi^iiB, ;<«7 luortRKHee— solicitor, 887 QXpensea of stile to be added to morti^u^je, SH8 stiiiulatiuu UB to titleon B'ile, HSH farther i jwerclaitso, H-^x nnother power clause, HH'.) accelerntiun of power of 6ak*, 389 h'.xteniiou nf liiiw of payment — attreement for exteiiaion, 51 by mort>{at{ee to postpoiie Hale under power, 63 aHsent of Hubseijueiit niort^a^'ee iiidoreed tii>on extension of first inortt{a({e, 40*J I'lirtitil ilischanje of — 8tatntory diKclmr^^e of part of niortt;ii<-'ed prcinises. 410 release of part of mort>;a^ed prcniiseB by dued, 411 dt;ed by niort^a^or and moitKafji'e of a portion of mort^'a((ed prcmiseH, 814 application for partial diHchar^e of iaciiiubrance created before ro<,'i8tratiou of land, 414 Asuiijiiment of — common form, l!J9 by iiuiorsemt'nt, 140 transfer of cliar>je Hiider Land 1U!,.< Art, 111 the same, by indorHeinent, 142 llincll'lliH' of — statutory discharge, 409 affidavits of execution, 410 application to notify cessation of oliarge created after registra- tion of land (Land titles), 4l;i application to notify cessation of encumbrance or lease existing on first registration, 418 Soticcx riiiariliuo — notici- to insurance company of mortgage of policy, 417 AlouTOAOc Salk— agrc'C-mcnt by niortga;,'ee to postpone sale, 5H notice of sale. 41<) indorsement of service of notice, 417 acknowledgment of notice, 417 notice by publication, 4lH order allowing " further |>roceedings," 418 form of advertisement, 4l'.> declaration as to default, 41!) of service of notice, 420 posting up notice, 4'20 IXltEX. MoinoAojs Halm— Continufd. insertion of iidvertisomeiit. -I'Jl iiotifyin« iiiteresteil parties, 527 bill poster, J2l deed under power of sale, 287 MoRTOAOE AND MoitTOAOEE, convcyancc by, 314 557 af first •tfiaged before gitttra- KiKtin^ N. NATcnALiZATioN, Oath of iille>;innce, ;» I)avin« taken oath of alle^jiancp, !» resicJence, H service, H NOTABUI. FOHMS— certificate of execution of power of attornt-y, 170 notorial certiWcate of boinj! true copy, 428 deposition before mayor or city, 423 artidavit of execution before mayor of a city. 424 notarial certificate of execution of a deed, 424 protest, marine, 42.j HilU find noten — notin),' of bill for noii-acceptance, 427 protest of bill for non-accptttnce or non-paym-iu, 42.) the same, of a bill i ayable ut a statc.l place, 428 noted but not protected far iion-acceitancc, i2!» a note for non-payment, 4oO ^''e»''""?'Of a note payable at a stated place, 430 notarial notice of a noting, or of a protest, etc., 431 protest of note, 432 notarial service of notice, 432 protest by justice of the peace, 483 Notices — of assit^Munent of chattel mort^ja^e, 245 assignment of payment, 435 to arbitrator of revocation of authority, 125 umpire of disngreement, 133 of publication of award, 134 sale of chattel, under conditional sale agreement, 250 from assignee to debtor, 444 of mortjjafe'e to mortjjagor, 434 to sheriff by assignee of judgment, 335 debtor by his creditor of the assignment, 435 contractors to proceed with work, 430 another form of, 437 insurance company of mortgage of policy, 407 IMAGE EVALUATION TEST TARGET (MT-3) 1.0 I.I m tm s Ilia m m m '■ 1.25 1.4 1.6 = : < 6" ► V]