■l^ A^' IMAGE EVALUATION TEST TARGET (MT-3) 1.0 I.I l£|28 U itt 2.5 2.2 2.0 I L25 mu 11.6 1.8 7 Photographic Sciences Corporation ^.^V ^ .^^ ^'".A.^ 23 WEST MAIN STREET WEBSTER, N.Y. 14580 (716)872-4503 CIHM/ICMH Microfiche Series. CIHM/ICMH Collection de microfiches. riw*' Canadian tnstitute for Historical IVIicroreproductions / institut Canadian de microreproductions historiquas Technical and Bibliographic Notaa/Notaa tachniquas at bibliographiquaa Tha Inatituta has anamptad to obtain tha bast original copy availabia for filming. Faaturas of this copy which may ba bibliographicaily uniqua, which may altar any of tha imagaa in tha raproduction. or which may significantly clianga tha usual mathod of filming, ara chaokad balow. □ Colourad covara/ Couvartura da eouiaur r~~| . 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Las details da cat axamplaira qui sont paut-Atra uniquas du point da vua bibliographiqua. qui pauvant modifier una image raproduite, ou qui pauvent exiger une modification dans la mithoda normaia da filmaga sont indlquta ci-dessous. p~] Colourad pages/ D Pagaa da eouiaur Fagae damaged/ Pagea andommagAea Pages restored end/01 Pages restauriaa at/ou pallicul^es Pagaa discoloured, stained or foxet Pegea dicolories. tachaties ou piqu^ies Pagaa deteched/ Pages dAtachAas Showthroughy Tranaparance Quality of prin Qualit* inAgaia da i'impression Includes supplementary materii Comprend du matiriel supplAmentaire Only edition available/ Seule idition disponible r~l Pagae damaged/ r~1 Pages restored end/or laminated/ FT] Pagaa discoloured, stained or foxed/ nn Pagaa deteched/ ryi Showthrough/ r~l Quality of print varies/ pn Includes supplementary materiel/ rn Only edition available/ Pagaa wholly or partially obscured by errata slips, tissues, etc.. have been refilmed to enaura the best possible image/ Lee peges totalement ou pertieilemant obscurcies par un feuiilet d'errata. une pelure. etc.. ont it* fiimies i nouveeu de fapon A obtenir la maiileura image possible. This item is filmed at tha reduction ratio checked below/ Ce document est filmi au taux da reduction indiqu* ci-dessous. 10X 14X 18X 22X 26X aox 12X 16X y 20X 24X 28X 32X TiM eopy fllmMl Imtc Hm b««n raproducMl thanica to th« 0Mi«rotity of: Naw Branmvick MusMim Saint John L'oxomplairo film4 fut raproduK grioo k la g4n4rotiti do: Nflwr Brantwick MuiMim Saint John Tho Imagaa appoaring hara ara tha baat quality poaaiblo eonaidaring tha condition and lagibiNty of tha original eopy and In kaaping with tha filming contract apacifleationa. Laa Imagaa auhnintaa ont 4ti raproduHaa avac la plua grand aoin, eompta tanu da la condition at da la nattatA da I'axamplaira fllmA, at an conformlt* avac laa eonditiona du contrat da fUmaga. Original copiaa In printad paiMr covara ara filmad baglnnbig with tha front covar and andlng on tha iaat paga with a printad or iliuatratad Impraa- •Ion, or tha back covar whan appropriata. All othar original copiaa ara filmad baginning on tlia first paga with a printad or iliuatratad Impraa- •ion, and andlng on tha Iaat paga with a printad or Iliuatratad Impra aa lon. Laa axamplairaa origlnaux dont la couvartura an papiar aat imprim4a sont film4a an commandant par la pramkK plat at an tarminant salt par la damlAra paga qui comporta una amiNainta dimpraaaion ou dliiuatration. aoit par la aaeond plat, aalon la caa. Toua laa autraa axamplairaa origlnaux sont filmta it commandant par la pramiAra paga qui comporta una amprainta dimpraaaion ou dliiuatration at an tarminant par la damlAra paga qui comporta una talla amprainta. Tha Iaat racordad frama on aach microflcha •hail contain tlia symbol «^ (moaning "CON- TINUED"), or tha symbol y (moaning "END"), whichavar appllas. Un daa symbolaa suh^anta apiMraftra sur la damlAra Imaga da chaqua microflcha. salon la caa: la symbola -^ signifia "A 8UIVRE". la symbols ▼ signifia "FIN". IMaps. piataa, charts, ate., may ba filmad at different reduction ratioe. Thoea too large to be entirely included In one expoeure ere filmed beginning In the upper toft hand comer, left to right and top to bottom, aa many framee ae required. The following diegrams illustrate the method: l.ee cartea. planchee. tabiaeux. etc.. peuvent Atre fllmAe i dee taux da rMuction diff Arents. Lorsque ie document est trop grand pour ttra reproduit en un soul ciichA, II eet fiimi i pertir do I'engle sup4rieur gauche, do geuclie k drolte, et do haut en liee. en prenent Ie nombre d'Imeges nAceesaira. Lea diagrammee suivanta illuatrent Ie mithode. 1 2 3 1 2 3 4 5 6 in \ m ji act a obici SAl THE NEW-BRUNSWICK MANUAL » '^-^ A COMPILATION OF S'CligSiS ^W9> ^W^Q!^m^^^Qmf^ DESIGNED FOR THE USE OP JUSTICES OF THE PEACE, 'Mmmmt.^^^^ £Cl£@ISL£iSS'n(90g) ^mm^ (S>w ^ms wmjLa^:^^ AND THE 8iSii^®S^^S['^g^ ^ iiSQiS^ltSCIS^ OF THE Province of New-Brunswick, A8 THIS WUKK WAS MORE USPECIALLV DESIGNED FOR THEIR UiE, IT IS THEREFORE TO THEM MOST RESPECTFULLY DEDICATED BY THE AUTHOR. lM^a5^^®8i This compilation has been undeitaken at the suggestion of many intelligent persons residing in different parts of the Pro- vince. The forms of conveyancing are of the most simple de- scription, embracing those of every day occurrence, and applica- ble only to ordinary cases. Those of a complicated nature generally require the hand of a person accustomed to drafting, and it will be more prudent when such occasions present them- selves, to consult some competent professional adviser, otherwise error and perplexing legal difficulties may ensue. To several individuals the author is indebted for valuable information and suggestions, and to each of them he gladly avails himself of this opportunity to tender hib best acknowledgments. The Honorable John Simcob Saundeb^, Surveyor General, and Commissioner of Crown Lands of N«>w-Brunswick ; and HjBNRY BowvER Smith, Esquire, Collector of Her Majesty's Customs at the Port of Saint John, are entitled to the author's special thanks ; the former gentleman furnished the information under the head of " Crown Land Department," and the latter that portion of the work connected with the Custom House. The liberal and polite manner in which each favor was conferred, • will not soon be forgotten. This Work has little claim to originality : the labors of the compiler having mainly consisted in collecting, condensing, and arranging the varied materials of which it is composed. The result of his exertions the author now offers to the Pub- lic, with an assurance that no diligence has been spared to render his humble production as useful as possible. He has only to add, that if the information and advantage to be derived from the use of it, be in proportion to the time and anxiety be- stowed on its compilation, his most sanguine expectation will be more than realized. P. STUBS. Saint John, September, 184L *■«.»< . l 53 of goods and household furniture, 53 short, by way of memorandum, , r>4 of house and lauds. . 55 building, ■ 57 IMMIGRATION. Information for Imraigiauts — sec pages fi.2— 75 111 CROWN LAND DEPARTMENT. Petition for immediato settlement, • • 77 not fut- immediate settlement, • 7S Timber, - -80 Rates of duty, - . • 8i CUSTOM HOUSE. Forms, - - 81 — 95 Number 1, Entry fur free goods, 2, for goods paying advalorom duty, 3, Waroliouso inwards, f v * Goods subject to tale duties, 4, Warehouse Inwards, Goods subject to advalorem duties, !), for the use of British Fisheries, G, Exportation ex Warehouse, 7, Home consumption subject lo tale duties, 8, Home consumption subject to advalorem duties, 9, Warehouse Inwards, Ships' Provisions, 10, Ex Warehouse, Ships' Provisions, . 11, For the use of British Fisheries, 12, Transfer of Goods in Warehouse. MARITIME. Law Summahv, Apprentices' Indentures, discharge of Bill of sale of Ship, Bund, Respondentia, Bottomry, 96 104— lOG 106 101 103—103 103 AMERICAN CONSULATE. Affidavit — form of CertiBcatc — Consular, Consular Agent, Inportation of Goods without Invoice, belonging to absent persons, to non-resident citizens, to estates of deceased personti. Invoices not veiitied, Merchandize owned jointly, when particulars are unknown, 111 112 112 108 108 109 110 110 110 m IV LUMBER C!ONTRACTS. Forms of, MORTGAGE OF LAND. Law SuMMAnr, • Mortgage — form of " - 113—116 117 119 WILLS. Law Summary, Will — short form of 121 134 LANDLORD AND TENANT. Law Summary, ' j • • Appraisers' Oath, • - « Notice to quit. , by an Agent, Lodgings, or pay double value, by the Tenant, Notice to Tenant to pay rent, of distress to Tenant, Warrant of distress, 125 130 128 where commencement of tenancy uncertain, 128 12S 12S 128 129 129 129 129 ERRATA. P. 48, 14lh Hne from top of page, for " one" read " out." P. 76, 4th „ „ for " Comtniuionera" rend " CommiMioner." Note.— Custom House form No. 2.— It is usual to add 10 percent, on the gross amount of invoice, prior to calculating advalorem duties. In the for n» given, this was inadvertently omitted. Forms ill Criminal Cases, used by Justices of the Peace. LAW SUMMARY. TiiF. nuihot'ity of Justices of Peace, appointed by commission from tho Crown, is limited to the respective counties therein specified ; and that of Magistrates, in separate jurisdictions, is confined to their respective districts : it is in no case attached to the person, so as to be capable of being exerted elsewhere than within those limits. It is laid down by Dalton, chap. 6, that a Justice of Peace, for the time that he shall make his abode or be out of tho county where he is in commission, cannot intermeddle to take any recognizance, or any examination or otherwise, or yet to exercise his authority in any matter that shall happen within the county where he is in commission ; neither can he cause one to be brought before him, out of the county where he is in commission ; " fur, being out of the county where ho is in commission, he is but a private man." A distinction, however, is remarked by Mr. Sergeant Hawkins, (2 Hawk. P. C. c. 8, s. 29.) between coercive and ministerial acts ; the former of which can- not be performed by Mogistrates out of their own county, but tho latter, it is said, may. And it is afHrmed by the same authority, that recognizances and informations, voluntarily taken by Magis- trates out of the county, &c., are good. The jurisdiction of Justices of the Peace is limited to offences committed within the county, and though an act expressly directs tho offence to be enquired of by Justices residing near the place where it is committed, that does not give jurisdiction to any other than Justices of the county within which the offence was commit- ted. (Taylor v. Hubble, 2 Strange 1154. Rex v. Chandler, 14 East. 267.) See the Provincial Act 34, Geo. 3, cap. 2^ntitled " An Act for apprehending persons in any county or place, upon warrants granted by Justices of the Peace of any other county." Wherever the concurrence of two Justices is requisite for any judicial act, they must be together at the time of executing it. (Billings V. Prinn, 2 Bl. Rep. 1017.) It should be observed, that wherever authority is given to one Justice, it may be executed by any greater number. (Hatton's case, 2 Salk. 477. Dalt. c. 6, s. 8.) Wherever the complaint is required by statute to be in wri- ting, that form must be observed ; but, unless expre.ssly so direct- ed, it does not seem necessary that it should be so. Nor is it requisite that the information be upon oath, if not enjoined Ly the letter of the statute. (Rex v. Willis, Bnsc. 16.) This is most usually directed where power is given to apprehend the offender in the first instance, though not confined to cases of that descrip- tion. For offences merely arising by penal statutes, and not connect- ed with any breach of the peace, a Justice has no authority, as necessarily incident to the cognizance of the offence, to appre- hend the accused in the first instance, or even after a summons and default, but can only summon him to attend, and in default of his appearance proceed ex parte. However, in a variety of cases where there may be reason to apprehend, from the nature of the offence, or the probable description of the offender, that the object of the prosecution would be defeated by giving him notice, the Legislature has thought proper to arm the Magistrate with authority to issue a warrant immediately upon the informa- tion. (Paley on Con. 19, 20.) In the majority of such instances, though not in all, the information is required to be upon oath, (lb. 20.) It is the duty of the officer to bring the party accused, within a reasonable time after the arrest, before the proper magistrate, in order that he may be examined, and, after due investigation, discharged, bailed, or committed. It then becomes the duty of the Magistrate to take and complete the examination of all con- cerned, and to discharge or commit the individual suspected, as soon as the nature of the case will permit, but he is allowed a reasonable time for this purpose, before he makes his final deci- sion. A commitment for further examination must not be made use of as a commitment for trial, and the examination must take place in a reasonable time, otherwise an action will lie against the Magistrate. (1 Chitty's Crim. Law, 72.) An attorney, or even counsel, for the party accused has no right to be present at the time of the examination of the latter. (Ibid. 74.) A search warrant is not to be granted without oath, made be- fore the Justice, that the party complaining has probable cause to suspect his property has been stolen, or is concealed in such a place, and showing his reasons for such suspicion. The oath need not positively and directly aver that the property has been stolen. The warrant should direct the search to be made in the day time, though it is said, that where there is more than proba- ble suspicion, the process may be executed i: the night. It ought to be directed to a constable, or other public officer, and not to a private person, though it is fit that the party complaining should be present and assisting, because he will be able to identify the property he has lost. It should also command, that the goods lounu, iogeiber with the party in I by lost ler rip- 5 be brought befoie some Justice of the Peace, to the end that, upon further examination of the fact, the goods and the prisoner may be disposed of as the law directs*. (Ibid. 66.) USUAL FORM OF INFORMATION FOR A CRIMINAL OFFENCE. ( to wit.) The infurmalion and complaint of A. B., of -, in the county of , yeoman, taken and made on the oath of the said A. B., before me, E. F., Esquire, one of Her Majesty's Justices of the Peace, in and for the said County, on the day of , in the year of our Lord One thousand eight hundred and , who, on his oath, saith, that (here state the subject matter of the ofTence.) And thereupon, he, the said A. 6., prayeth that justice may be done in the premises. A. B. Exhibited before me, E. F. FORM OF INFORMATION FOR SEARCH WARRANT. (- - to wit.) The information and complaint of A. B., of , in the County of , labourer, made on oath before me, E. F., one of Her Majesty's Justices of the Peace for the said county, the day of , who saith, that the follow- ing goods, to wit, (describe the goods stolen,) have by some person or persons unknown, within days last past, been feloniously taken, stolen, and carried away, out of his dwelling- house, (or out-house as the case may be,) situate at , afore- said, in the county aforesaid, and that he liath probable cause to suspect, and doth suspect, that the said goods, or part thereof, are concealed in the house (or, as the fact is,) of C. D., at • , in the^said county. A. B. Taken before me, E. F. (- labourer. FORM OF SUMMONS, to wit.) To A. B., of , in the said county, 6 Whereas you have this day been charged before me, J. P., one of Pier Majesty's Justices of the Pence for the county afore- said, on the oath of (one) credible witness, for that you, on the day of , in the year of our Lord, one thousand eight hundred and , at , in the county aforesaid, did (&c. here state the nature of the offence.) These are therefore to require you to appear before mo, at , in the said county, on (Wednesday) next, the (third day of July instant), at the hour of eleven, in the forenoon of the same day, to answer to the said charge, and to be further dealt with according to law. Herein fail you not. Given under my hand and seal, the day of , in the year of our Lord . J. P. [L. S.] Where the summons is directed to tho constable, or a third person, a copy of it, plainly and legibly written on paper, should be served personally upon the party accused ; if directed to the party himself, the original should be personally served upon him, and a copy of it kept by the party serving it. It should be per- sonally served upon the party accused, (unless where personal service is expressly dispensed with by law,) otherwise, if tho party do not attend at the time appointed, it would be imprudent for the Justice to proceed to hear the case in his absence. WARRANT. to wit. To any constable of the parisli of in the said county of • Forasmuch as A. B., of ', in the county aforesaid, labour- er, hath this day been charged before me, J. P., one of Her Ma- jesty's Justices of the Peace for the county aforesaid, on the oath of a credible witness, for that he the said A. B., on the day of , in the year of our Lord one thousand eight hundred and , at , in the county aforesaid, did (&c. here state the nature of the offence.) These are therefore to command you, in Her Majesty's name, forthwith to apprehend and bring before me, or some other of Her Majesty's Justices of the Peace, in and for the said county, the body of the said A. B., to answer unto the said charge, and to be further dealt with according to law. Herein fail you not. Given under my hand and seal, the — — day of , in the year of our Lord . J. P. [L. S.l rORycQF COM!! SEARCH WARRANT. To any Constable of tho parish of , in the county of . to wit. Whereas it appears to me, E. F. Esquire, one of the Justices of our Lady the Queen, assigned to keep the peace within the said county, by the information on oath of A. B. of , in the said county, yeoman ; that the following goods, to wit, (describe the stolen articles accurately,) have within days last past, by some person or persons unknown, been feloni- ously stolen, taken, and carried away out of the house (or barn, ice, according to the fact,) of the said A. B., at , aforesaid, in the county aforesaid ; and that the said A. B. hath probable cause to suspect, and doth suspect, that the said goods and chat- tels are concealed in the dwelling-house of C. D., of , in the said county, labourer. These are, therefore, in the name of our said Lady the Queen, to authorize and require you, with neces- sary and proper assistants, to enter, in the day-time, into the said dwelling-house of the said C. D., at , aforesaid, in the county aforesaid, and there diligently search for the said goods ; and if the same, or any part thereof, shall bo found upon such search, that you bring the goods so found, and also the body of the said C. D., before me, or some other of tho Justices of our said Lady the Queen, assigned to keep the peace in the county aforesaid, to be disposed of and dealt with according to law. Given under my hand and seal, at ,in the said county, tho day of , in the year of our Lord, One thousand eight hundred and . E. F. [L. S.] SUMMONS FOR A WITNESS. To any Constable of the parish of , in the county of . to wit. Whereas information hath been made before me, E. F. Esquire, one of Her Majesty's Justices of the Peace, in and for the said county, that (here state the charge or offence as in the information,) and that G. H., of , in the said county, yeoman, is a material and necessary witness to be exa- mined concerning the same ; these are, therefore, to require you to summon the said G. H. to appear before me, at , in the said county, on the day of instant, at the hour of o'clock in the forenoon of the same day, to testify the truth ac- cording to the best of his knowledge concerning the premises. And be you then there to certify ^vhat you shall have done in the execution hereof. Herein fail you not. Given under my hand and seal, tlie day of , in the year of our Lord One Thousand eight hundred and . E. F. [L. S.] 8 RECOGNIZANCE TO APPEAR. to wit. A. B., of -, in the said county, acknow- ledKes himself to be indebted to our Sovereign Lady the Queen, in the sum of pounds. C. D., of , in the said county, acknowledges &c., pounds. E. F., of , in the said county, acknowledges &c., pounds. Upon condition that the said A. B. do personally appear (at the next general sessions of the peace, to be held for the said county, at , oTy at the next court of Oyer and Terminer, and general gaol delivery, to be held at , for the said county) then and there to answer the complaint of G-. H., for assaulting and beating him, &c., (or as the onence may be,) against the peace, &c.; and do not depart the court without leave ; then this recognizance to be void, or else to remain in full force. Taken and acknowledged, the — — ~ day of , One thousand eight hundred and . L. M., One of Her Majesty's Justices of the Peace for the county of . FORMS OF COMMITMENTS. GENERAL FORM, to wit. J. R., Esquire, one of Her Majesty's Justices m of the Peace, for the said county, to any constable of • the s^d county, and to the keeper of the common gaol at , in said county. These are to command you, the said constable, in Her Majesty's name, forthwith to convey and deliver into the custody of the said keeper of the said common gaol, the body of A. B., charged this day before me, the said Justice, on the oath of C. D., of , farmer, and others, for that he, the said A. B„ (on the second day of June, in the year of our Lord one thousand eight hundred and , at , in the said county, ten pieces of the current gold coin of the realm called sovereigns', one woollen cloth coat, and one linen shirt, of the monies, goods, and chattels of the said C. D., feloniously did steal, take, and carry away.)* And you, the said keeper, are hereby required to receive the said A. 6. into your custody, in the same common gaol, and him there safely to keep, until he shall be thence deli' vered by due course of law. Herein fail you not. Given under my hand and seal, the day of , in the year of our Lord . J. R. [L. S.] * As to the daseription'of an offence in the commitment, tee the following formi. ACCESSARY BEFORE THE FACT, WITHOUT THE PRINCIPAL. Commencement as ante, p. 8. For that one E. F., (or some person unknown,) on the day of , in the year of our Lord, One thousand eight hundred and , at , in the same county, did feloniously &c., describing the offence, a§, in a commit' ment of the principal, and that the said A. B., before the said felony was so committed, did feloniously and maliciously incite, move, procure, counsel, and command the said E. F. {or person unknown) to do and commit the said felony. And you, the said keeper &c., as ante p, 8, to the end. ACCESSARY BEFORE THE FACT, WITH THE PRINCIPAL. After describing the offence of the principal, state that of the accessary thus : "And that the said E.F., before the said (felony) was so committed as aforesaid, did (feloniously and) maliciously incite, move, procure, counsel, and command the said A. B. to do and commit the said (felony). And you the said keeper, &c.," as ante p. 8, fo the end. AFFRAY. Commencement as ante, p. 8. C. D., on the day of thousand eight hundred and "For that the said A. B. and -, in the year of our Lord, one -, at , in the said county. in a certain public street and highway there, unlawfully, and to the great terror and disturbance of Her Majesty's subjects there being, did make an affray. And you, the said keeper, &c.'* as ante p. 8, to the end. Misdemeanor at Common Law. ASSAULT AND BATTERY. Commencement as ante, p. 8. " On the day of • , in . at the year of our Lord, one thousand eight hundred and - , in the said county, did assault and beat one C. D. And you, the said keeper, &c.," as ante, p. 8, to the end. ]0 Viile passim, Prov. Stat. 9th and lOiIi, 1 Goo. 4, cap. 21. — As to summary jurisdiction of two Justices, in cases of assault. ASSAULTING CONSTABLES or REVENUE OFFICERS. Commencement as ante, -p. 8. " On the day of • , in , at tlie year of our Lord, one thousand eight hundred and — , in the said county, in and upon one C. D., (a constable, or, an officer of the provincial revenue, or, an officer of the Cus* toms,) did make an assault, and him, the said C. D., did beat, he, the said C. D., being then in the execution of his duty as such (constable, or, officer of the provincial revenue, or, officer of the Customs,) as aforesaid. And you, the said keeper," &c. ai ante, p. 8, to the end. BURGLARY. Commencement as ante, p. 8. " On the day of ■ in the year of our Lord, one thousand eight hundred and . about the hour of eleven in the night, at , in the county aforesaid, the dwelling-house of the said C. D., there situate, fe- loniously and burglariously did break and enter, virith intent (the goods and chattels of the said C. D. in the said dwelling-house then and there being, then and theie feloniously and burglari- ously to steal, take, and carry away) ; and then and there in the said dwelling-house, one silver watch, of the goods and chattels of the said C. D., then and there feloniously and burglariously did steal, take, and carry away. And you, the said keeper," &c. as ante, p. 8, to the end. [I Wni. 4. c. 15, sec. 8. Prov. Acts.] BURNING A HOUSE, &c. Commencement as ante, p. 8. "On the ■ day of- , in the year of our Lord, one thousand eight hundred and -— — , at .: , in the said county, unlawfully, maliciously, and feloni- ously did set fire to a certain dwelling-house" {any home, stable, coach-hoiue, out home, ware-home, office, shop, mill, bam, or grana- ry, or any building or erection used in carrying on any trade or manufacture, or any branch thereof,) of G. D., there situate, with intent thereby then and there to injure the said C. D.," {or " to II defraud a certain Insurance Company, called — — like) ; " against the form of the Act of Assembly in that behalf made. And you, the said keeper/' Sec, as ante, p. 8, to the end, [See 1 Wm. 4. cap, 16, sec. 2, Prov. Acts, et seq.] -," or the ■,at . CHALLENGE TO FIGHT. Commencetnent as ante, p. 8. " On the day of - the year of our Lord, one thousand eight hundred and — — — — , in the said county, wickedly, willingly, and raalieiously did write, send, and deliver, to one C. D., a certain letter and paper writing, containing a challenge to fight a duel, with and against him, the said A. B. And you, the said keeper," &c., as ante, p. 8, to the end. COIN, COUNTERFEIT, UTTERING. in at Commencement as ante, p. 8. " On the — — day of ■■■■ the year of our Lord, one thousand eight hundred and , in the said county, one piece of false and counterfeit money, resembling or apparently intended to resemble and pass for certain of the good, legal, and cuirent money and silver coin of our Lady the Queen of this realm, called a shilling, as and for a piece of such good, legal, and current money and silver coin called a shilling, then and there falsely and deceitfully did utter and tender to one C. D., he, the said A. B., at the time he so uttered and tendered the said piece of false and counterfeit money as aforesaid, well knowing the same to be false and coun- teifeit : against the form of the, &;c. And you, the said keeper," &c., as ante, p. 8, to the end. CONCFALING THE BIRTH OF A CHILD. m at Commencement as ante, p. 8. "On the day of the year of rur Lord, one thousand eight hundred and , in the said county, being then and there delivered of a certain (male) child, did, by secretly burying the Bzxae,^^ {hy secret burying, or otherwise,) "unlawfully endeavour to conceal the birth thereof. And you, the said keeper," &c., as ante, p. 8, to the end. [See 1 Wm. 4. c. 17. Prov. Acts.] B 12 DISORDERLY HOUSE. Commencement as ante, p. 8. " On the day of , in the year of our Lord, one thousand eight hundred and ■■ -, at — , in the said county, unlawfully did keep and maintain a certain common, ill-governed, and disorderly house: and did cause certain persons, as well men as women, of evil name and fame, and of dishonest conversation, to frequent and come toge- ther in the said house, and there to be and remain drinking, tippling, and otherwise misbehaving themselves. And you, the said keeper," &c., as ante, p. 8, to the end. [See 9 and 10 Geo. 4. cap. 8, Prov. Acts.] EMBEZZLEMENT BY A CLERK, OR SERVANT. Commencement a* ante, p. 8. " On the day of • the year of our Lord, one thousand eight hundred and -, in -, at in the said county, being then clerk {or servant) to C. D., did receive, and take into his possession, certain money, to the amount of pounds and upwards, for and in the name and on the account of the said C. D., his master, and the said money feloniously did embezzle : against the form of the Act of the Assembly, in that case made and provided. And you, the said keeper," &c. as ante, p. 8, to the end. [See 1 Wm. 4. cap. 15, sec. 16, 17. Prov. Acts.] FORGING A BILL OF EXCHANGE. in at Commencement as ante, p. 8. " On the day of the year of our Lord one thousand eight hundred and , in the said county, feloniously did forge (a certain bill of exchange, for the payment of money, purporting to be drawn by E. F., upon, and accepted by, G. H.," or, " the acceptance of and upon a certain bill of exchange, for the payment of money, purporting to be the acceptance of one E. F.;" or, " the indorse- ment pf and upon a certain bill of exchange, for the payment of money, purporting to be the indorsement of one E. F.,) with intention to defraud one C. D. ; against the form of the Statute in that case made and provided. And you, the said keeper," &c. as ante, p. S, to the end. it- IS FORGING A BOND. Commencanent as ante, p. 8. " On the day of ■ the year of our Lord, one thousand eight hundred and — — , at •' , in the said county, feloniously did falsely make, forge, and counterfeit a certain bond for the payment of money, pur- porting to have been signed and executed by one C. D., with intention to defraud the said C. D. ; against the form of the Sta- tute, in that case made and provided. And you, the said keeper," &c. as ante p. S, to the end. ■■'',■:- FORGING A WILL. Commencement as ante, p. 8. " On the — — day of — , in the year of our Lord, one thousand eight hundred and — — , at , in the said county, feloniously did falsely make, forge, and counterfeit a certain will and testament, purporting to be the last will and testament of one E. F., with intention to defraud one 0. D.; against the form of the Statute, in that case made and provided. And you, the said keeper," &c. as ante p. 8, to the end. LARCENY. Commencement as ante, p. 8. " On the — — day of — — , in the year of our Lord, one thousand eight hundred and , at , in the said county, ten pieces of the current gold coin of the realm, called sovereigns, one woollen cloth coat, and one linen shirt, of the monies, goods, and chattels of the said C. D., feloniously did steal, take, and cariy away. And you, the said keeper," &c., as ante, p. 8, to the end. MANSLAUGHTER. - Same as for Murder, p. 14, except that, instead of the words, "felbniously, wilfully, and of his malice aforethought, did kill and murder," say, •' feloniously did kill and slay." Ill at 14 MURDER. Commencement as ante, p. 8. "On tho day of the year of our Lord One thousand eight hundred and , in the said county, feloniously, wilfully, and of his malice aforethought, did kill and murder one C. D., by (stabbing the said C. D. with a knife, in and upon the said left side of the belly, and on other parts of tho body of him the said C. D., or, as the cause of death may be), thereby giving him divers mortal wounds; of which said mortal wounds the said C. D. instanlly died. And you, the said keeper," &c., as ante, p. S, to the end. il f I m at PERJURY. Commencement as ante, p. 8. " On the — — day of ~-— the year of our Lord One thousand eight hundred and , in the said county, falsely, wickedly, wilfully, and cor- ruptly, did commit wilful and corrupt perjury, (in an affidavit to hold to bail, then and there made by him the said A. B.," or, " in the testimony which he gave upon oath, as a witness at the trial of a certain cause between C. D. and E. F., at the Assizes for the county of , then and there holden ;" or, " in the testi- mony he gave upon oath, in his examination before J. F., Es- quire, one of Her Majesty's Justices of the Peace, upon a certain complaint," or, " information then and there preferred by one C. D.) And you, the said keeper," &c. as ante, p. 8, to the end. POISON, ADMINISTERING, WITH INTENT TO MURDER. in -, at Commencement as ante, p. 8. " On tho day of — — the year of our Lord One thousand eight hundred and — , in the county aforesaid, unlawfully, maliciously, and felo- niously did cause to be administered to and taken by one C. D., a large quantity of a certain deadly poison, called white arsenic," (or stating the attempt according to the fact,) " with intent then and there and thereby, feloniously, wilfully, and of his malice aforethought, the said C. D. to poison, kill, and murder : against the form of. Sec, in that case made and provided. And you, the said keeper," &c. as ante, p. 8, to the end. 15 111 ]alice fg the I belly, IS the funds; Aad QUEEN'S STORES, EMBEZZLING. Commencement as ante, p. 8. "On the day of ■ in at the year of our Lord One thousand eight hundred and — ■■ , in the said county, having the charge and custody of cer- tain armour, munition, shot, and powder, of and belonging to our Lady the Queen, feloniously and unlawfully, for lucre and gain, wittingly, advisedly, and of purpose to hinder and impeach Her said Majesty's service, did embezzle, purloin, and convey away, two hundred pounds weight of gunpowder, so in his charge and custody as aforesaid : against the form of the Statute in that case made and provided. And you, the said keeper," &c. as ante, p. 8, to the end. ■f m h-. at cor- |vit to "in RECEIVER OF STOLEN GOODS. Commencement as ante, p. 8. "On the day of • in at the year of our Lord, One thousand eight hundred and — , in the said county, one silver tankard, of the goods and chattels of C. D., by a certain ill-disposed person, then lately be- fore feloniously stolen, taken, and carried away, of the same ill- ; thi. !&id C- D.; against the form of the Act of the Assembly, in .hit case made, tnd provided. And you, the said keeper," kc, as cute, p. 8, to the end. 17 SEAMEN OR SOLDIERS, SEDUCINC; ALLEGIANCE. FROM THEIR Commencement aa ante, p. 8. '• On the — — day of in at th« year of our Lord One thousand eight ii< ndred an>' I'i! ^i i-H 'hi-l la many charter parties the contract is, that tho vessel shall bo loaded and discharged in the usual time, or williin a reasonable time, after her anival in port ; in others, this condition is altoge- ther omitted. In all these cases the courts f f law will give a libe- ral construction to the charter party ; and will endeavour as much as is possible to understand the actual intentions of the contract- ing parties, and to give a corresponding effect to their deed. If the performance of a contract become impracticable through the act of God, and there is no provision therein exoneraimg the contractor from performance under such circumstances, he must ansv/er for the breach of it in damages. [Shubrick vs. Salmond, 3 Bur. 1637. Ritchie vs. Atkinson, 10 East. 53] Thus a freighter who covenants generally to load f< cargo, and is prevented from so doing by the prevalence of the plague, is liable on his covenant. [Barker vs. Hodgson, 3 M. & S. 267.] Here indeed the principle is obvious ; the freighter is the adventurer who chalks out the voyage, and is to furnish, at all events, the subject matter of which freight it. to accrue, if the performance of the covenant be ren- dered unlawful by his own government, the contract is of course dissolved — but if, in consequence of events which happen at a Foreign port, the freighter is prevented from furnishing a loading which he has contracted to furnish, the contract is neither dissolved nor is he excused for not performing it, [2 Vernon, 212, & Blight vs. Page. 3 Bos. & Pull. 295.] but must answer the breach in damages. So likewise a contract for the carriage of goods is not dissolved by an embargo suspending its performance, but must be carried into execution on the removal of tho embargo. [Had- ley vs. Clarke et al. 8. T. R. 259.] But where a foreign ship is chartered in England by a British subject, with the usual excep- tion against restraint of Princes, and performance of the voyage is prevented by an embargo laid by the British government, on ships of that nation, a British subject is discharged from his con- tract. [Sontang vs. Dubbard, 3 Bos. & Pull. 291.] If a cause be referred to three arbitrators, with a stipulation that any two may make an award, and two of them meet without notice to the third, and make an award, such award is irregular. [Raymond and another vs. Luke, Berton's Rep. 131.] An award will not bo disturbed because the witnesses were examined with- out being sworn, although the rule of referehce required them to be sworn — if the party objecting to the award were present and consented to such examination. [Reilly vs. Gillan, lb. 135.] In order to perfect tho grant, bill of sa'c, or assignment, the assignee should immediately take possession of the goods, and not suffer any continued, partial or concurrent, possession by the assignor or his family, or the transfer would be void against ere- 2a bo Jible tbe- ich ict- ■ftti ditors ignorant of, or not concurring in, tlio transfer [Twyno's case, 3 Coke 81. 1 Camp. 333. 5 Taunt. 212.], unless in some cases of notoriety, of the change of ownership, under an execution or otherwise [2 Bos. &. Pull. 59. 8 Taunt. 838.]; or where the right to take possession was only in future or contingent, in which case it suffices to take possession immediately the event has hap- pened, though, in the mean time, creditors may have been misled by the poscssion having remained in the mortgagor, it being set- tled that there is no fraud in allowing a continued possession, when consistent with the terms of the deed. [Edwards vs. Har- ben, 2 T. R. 587.] If the property assigned be at a distance, as a ship at sea, and cannot be immediately delivered, then posses- sion must be taken of all documents relating theretp, and the transfer be duly registered, and the earliest notice of the transfer forwarded to the party in actual possession ; and in the case of a written security, or chose in action, or policy of insurance, not only must possession be taken of the security, but notice of the transfer must be given to the debtor or contiacting party, for otherwise, at least in the case of the bankruptcy of the transferer, his assigns will be entitled to the property, and the same doctrine applies to the assignment of a post obit bond, or of a policy of in- surance, of which notice should be immediately given to the in- surer. [Chitty's Gen. P. 107-8.] A partnership may generally be defined to be a voluntary association of two or more individuals, for the purposes of lawful trade, in which each person is to receive and bear a proportionate ratio of ptofit and loss. [Gary on Partnership, p. 1.] A license to cut a certain quantity of timber, from lands de- scribed in the license, and to remove the same, does not convey an interest in lands, within the statute of frauds, or give any pro- perty in standing trees. Such license gives the licensee no right to timber cut within the described limits by a stranger without authority. Timber so cut remains the property of the owner of the land ; against every other person, the possession of the tim- ber, and the labour bestowed upon it, gives the maker, although a wrong doer, the right to it. If two persons expend labour in cutting and hauling timber, under an agreement that such timber is to be got on the halves, they are tenants in common, and neither can convey as against the other, more than his share. [Kerr vs. Connell, Berton's Rep. p. 151.] It was decided by the Supreme Court of this Province, in Wiggins vs. White CJarrison and Woods, Berton's Rep. p. Ill, that the parties to the following agreement tcere iwi jiartnas, but 24 i I were only tenants in common, or joint owners, and each had only a right to dispose of his own fjhare. *• This agreement, made and entered into this day, between Geo. •' A. Lockwood, of the one part, and George Woods, of the other " part — vvitnesscth : The said Woods is to make one thousand " tons white pino timber, on Little River, at the Grand Falls — " pay the stumpage (each to pay lialf, and the said Woods to ad- " vanccj, and make said timber in sych a place, as not to have " more than two miles to haul on an average — each to find equal " hands in cutting all main roads through the timber, and clear- " ing the stream sufficient to drive said timber; and said Lock- " wood is to haul said quantity of one tJiousand t07ts one half on the " hrow. Each party to find equal hands and supplies to drive and " raft and take the same to market — said Woods to take all defec- " tive timber when re-examined at Saint John — and said Lock- " wood to take any timber that may remain in the woods of the " said quantity : should he fail in hauling the said quantity — and " should ho be kept idle for want of timber to haul, his time to be " paid for by the said Woods. For the true and faithful perform- " ance of this agreement, each bind themselves, one to tlie other, " in the penal sura of Five Hundred Pounds of lawful money of " New Brunswick. Dated the 18th day of October, 1831. /«J,V«.^) GEO. WOODS, (^iigneaj GEO. A. LOCKWOOD/' " Witness present, (Signed J John Grant." * A deed whereby the releasor released to the releasee, his heirs and assigns, all his right, title, interest and claim to certain lands, to have and to hold the same to him, his heirs and assigns for ever; the same having been duly executed, proved, and regis- tered, pursuant to the Act of Assembly, 26 Geo. 3. c. 3, is a good conveyance of lands, within the meaning of the teiith section of said Act. [Doe. ex dem. Wilt. vs. Jardine, Bcrton's Rep. 161.] OF BONDS IN GENERAL. A bond or obligation is an instrument under seal, whereby one person becomes bound to another, for the payment of a sum of money, or for the performance of any other act or thing. The person who is thus bound is called the obligor, and he to whom the bond is given, the obligee. And this obligation may be either by or to one or several persons. If a bond be merely for the payment of money, without any condition in or annexed to it, it is called a simple or single bill or bond. [2 Blac. Com. 340, and see Morrant vs. Gough, 7 B. A& C. 211.] But it is in general accompanied with a condition in the Inly rCO. jlicr land Is — tad- '* 2.''j nature of a defeazance, the performance of wliich is secured by a penalty, in which case it is called a conditional bond ; [Co. Lit. 172, a.J and this condition expressly mentions the money to be paid, or other act or thing to be performed or suffered, and the Particular time limited for that purpose, and if the condition be rokon, the bond becomes forfeited or absolute in law. In considering who may be parties to a bond or obligation, it may be observed, that in general no person who is under any legal disability to contract can become an obligor, though it is otherwise of an obligee. Thus a bond given by a married woman will neither bind her or her husband, but is absolutely void in law. [Vin. Ab. Oblig. (A) ; Bac. Ab. Oblig. (D).] Nor will a divorce a mrnsa et thoro make any difference in this respect ; but after a divorce a vinculo matrimonii, [Slatchall v. Baddeley, 2 Black. 1083 ; Lewis v. Lee, 3 B. & C. 297.] or if her husband have been transported for life, or having been transported for a less period, remains abroad after his period of transportation has expired ; or if he be an alien and was never in this kingdom ; [See Ray v. Duchesse d. Fienne, 3 Camp. 123.J or if his death be presumed, as in the case of his having left this country and not having been heard of for seven years, his wife is capable of executing a valid bond. And if a woman married de facto to one whon[» she knows to have another wife, execute a bond, it will bind her, even though executed jointly with him. [Anstie y. Mason, 3 Anst. 833.] An infant, being under a general disability to make a deed, cannot bind himself unless the bond be given for the amount of necessaries, and in that case it must be a single bill or bond for the exact sum due ; [Russell v. Lee, 1 Lev. 186.] for if there be a penalty with condition for payment of the sum laid out in neces- saries, the bond may be avoided by plea of infancy. [Ayliffe v. Archdale, Cro. Elii. 920. Moore, 679, S.C.] So if the bond of an infant bo conditioned for the payment of interest, the whole secu- rity will be void, [7&?Vi.] for an infant cannot bind himself to hia prejudice. [Zouch v. Parsons, 3 Bun*. 1794.] Nor will a confirma- tion by an infant, after he has attained his majority, give validity to a bond originally void, unless there be an estoppel in law by an instrument of as high a nature as the obligation itself. [Baylis v. Dinoly, 3 M. 4||j6. 477.] A corporation may bind themselves in an obligation sealed with their common seal. [Vin. Ab. tit. Corpor. (G 2).] Although a married woman is in general incapable of executing- a bond, yet a bond given to her is valid, and the interest in it will vest in her husband, who may either sue alone upon it, or his wife may be joined. But if the husband expressly disagree to the bond, it will by his refusal lose its force and become no deed. [Whelndale's case, .'iCo. 119 b.: Co. Lit. 3 a.] m n if 36 If a bond be given to husband and, wife, they svill be jointly in- terested in it, and unless the husband in his lifetime disagree to his wife's right thereto, she will, after his death, bo entitled to it by survivorship. [Bro. Bar. & Feme, pi. 60.] So a bond may be given to an infant, an idiot, a lunatic, br an alien. fBac. Ab. OblTg. (D) 2.] The obligor must be bound in a sum of money, and an omission in this respect will invalidate the bond. [Loggins v. Titherton, Yolv. 225. J If, however, the sum be merely improperly expressed, the Courts will in general supply the doRciency, and construe it so as to give effect to the intention of the parties, if such intention can bo collected from the other parts of the instrument. [Hulbeit V. Long, Cro. Jac. 607.J Thus, where the obligor acknowledged himself bound in* 7,700 without any species of money being men- tioned, and the condition of the bond recited that he was indebt- ed to the obligee in various sums of money, which were all stated in pounds sterling, and that the bond was given to secure payment of those sums, it was held that, as the condition showed the spe- cies of money in which it was intended the obligee should be bound, the word pounds might be supplied in the obligatory part of the bond. [Coles v. Holmes, 8 B. & C. 506.] No particular form of words is necessary to create a bond or oblieation. Any mode of expif ession by which the intention of the parties clearly appears will be sufficient. Thus, if it be merely stated that I, A. T. of, &.C., do owe C. of, &.C., cClO, to be paid at Easter next ; this, if under seal, will amount to an obligation : or, if the words used are, I, A, of, &c , " do promise, or agree, to pay to," or " will pay to," or " have borrowed of," C, of, &c., or any other language which clearly denotes an acknowledgment of a debt. [See instances in Shep. Touch. 368.] So an instrument intended to be a statute staple, but void for that purpose on ac- count of the omission of some requisite formality, may neverthe- less be valid as an obligation. [Hollingworth v. Ascue, Cro. Eliz. 355.] And where a person admits himself indebted to another in a certain sum to be paid at a future day, and for payment thereof binds himself without mentioning to whom he is bound, the bond will notwithstanding be good, since it will be intended that he is bound to the person to whom he acknowledges the debt. [Lang- don V. Goole, 3 Lev. 21.] Modern practice, however, has adopted one particular form which is in general adhered to ; so that in the present day it is seldom or ever that any question, so frequent in earlier periods, arises upon the words sufficient to create a bond. i aqrf.eMunt to duri.D a iiou.tR, the materials to be rnoviDED by an THE BUILDER WITH EIPeciAL CLAUI^Eg. • -'I. a ,,*.j ;i ■,■: : ■■.\i Articles of* agreement, ma«le between A., ^M> huitderj of — — , &c., of the one part, and B., (the proprietor J of — — , &c., of the other part. Firat. The said A. doth hereby for himself, &c., covenant and agree with the said fi., his &:c., that he, the said A., his &c., shall or will, for the considerations hereinafter mentioned, within the space of months from the date of these presents, erect, build, ' and C9ittpletely cover in and finish upon the premises of the said B., at — - — aforesaid, a dwelhng-house and buildings, according ^ to the plan and elevation set forth in the schedule hereunder 'Written; And also do, perform, and execute, all and singular the iX^Ml^s also mentioned in the said schedule, and according to the plan and elevation therein mentioned or contained ; the same to be done within the time aforesaid, and in a good, workmanlike ■ manner, to the satisfaction of C. D., of &c., (Surveyor or Architect,) for this purpose agreed upon hy the said A. and B., to be testified 'by a writing or certificate under the hand of the said C. D. And also, shall and will find and provide such good, proper, and sufG- cient materials, of all kinds w^at^oever, as shall be suitable for erecting the said dwelling-house aiNI buildihgs, aiid completely finishirig the said works. ' tf to be inserted at discretion, if the builder makes default, the proprietor to finish the vnorh, and deduct the expenses. And it is further agreed, by and between the said parties, that, if the said A., his executors, &c., shall in any manner neglect, or be guilty of any delay whatsoever, in building and finishing the said dwelling-house, buildings, and works as aforesaid ; and the said B. shall give or leave notice, in writing, of sutfh neglect or delay, at the place of abode of htm, the said A., his executors, &c., and the said B., his executors; &c7, shall not proceed to com- plete the said buildings within the space of days afler such notice is given or left as aforesaid ; then, and in any Such case, it shall be lawful for the said B., his, &c., to purchase pioper and sufficient materials; and also to employ a sufficient number of workmen to finish and complete the said dwelling-house, build- ings and works ; and also that the said B., his executors, adminis- trators, and assigns, shall and may deduct, and retain to himself and themselves, the cost of such materials, and all such sum and sums of money, as he or they shall pay to such workmen, for the completion of such dwelling-house, &c,, out of the money which shall be due to the said A., his, &c., under this agreement ; and also, that the said A., his, &c., shall not nor will in any manner D m liij 28 Mi- do or cause to be done, any act, matter, or thing, to prevent, hin- der or molest the said B., his executors, kc. or any person or persons employed by him or them, from completing and finishing - the said dwelling-house, &c., in manner aforesaid, or in using the materials which shall be on the said premises, and provided by either of the said patties for the doing thereof. , ,, - ^ The mode of Payment.J _ ^ ^ ,,., And the said B. doth hereby for himself, his heira, executors, &c., covenant and agree with the said A., his, &;c., thgt he, the '^ said B., shall and will well and truly pay to the said At,, his Sec, .; the sum of , within months next after tho said dwell- jsVi ing-housc, buildings and premises shall be completely built, and Inished, (to the satis/action of the said C. 1)., an ({foresaid, the tame to be testified in writing under his hand.) I (Extra Work to be Paid /or. J And it is hereby declared and agreed, by and between the said parties hereto, that in case the said B., his executors, &c., shall direct more work to be donf, in Sr about the said dwelling-house, buildings and works, than is contained in the schedule hereunder written, then, and in such case, the said B., his, &c., shall pay ;'o the said A., his, &c., so much money as such extra work, and tb^^ materials used therein, shall cost or amount unto, anythingliere- inbefore contained to the contrary notwithstanding. ---^fff- (Omitted Work to be Deducted.) - >, . And in case it should be thought proper by the said B., his executors, &c., to diminish or omit any part of the work in the said schedule hereunder written^ then, and in such case, the said A., his, &c., shall deduct and allow out of the said sum of , so much money as the work so to be diminished or omitted shall amount unto, upon a reasonable valuation, anything hereinbefore contained to the contrary notwithstanding : (and all allowances or deductio?is,Jbr such extra or omitted works, respectively, s/uill be as- certained and settled by the said C. D.) (An Agreement to refer Disputes to Arbitration, may be inserted, if tfiought expedient.) In witness whereof, the said parties have hereunto set their hands and seals, this day of , in the year &c. [L. S.l Signed, sealed, and delivered, in presence of • L. S. 29 (A Clavsc, in which the Projfrietor agrees to pay Workmen** Wagci^ which may be iruerted in any aucA agreement.) And tliat the said B., liis executors, &c., shall and will, every week during the progress of the said buildings and works, pay and supply the said A., bis, &c., with such sums of money as anal! be sufficient for paying and discharging the wages and labour of the workmen and labourers, who shall from time to time bo em- ployed in or about the said buildings or works ; the amount whereof shall bo ascertained by the said C. D., by a certificate under his liand, and the remainder of the said sum of , (at hcjwc), . ■ - ■ ■ ' /. . . ■ , I, , 1 ... :*:< • , , • • . y, AN AQRCEMENT FOk BUILDTXO A HOUSE, ACCOKDING TO A PLAN .( ANNEXED. day of ■ D., of — -, &c., it is in manner Bo it rcniombered. That, on this agreed between A. B., of , and C. and form following, viz : The said C. D., for the considerations hereinafter mentioned, doth, for himself, his executors and ad- ministrators, covenant, promise, and agree to and with the said A. B., his executors, administrators, and assigns, that he, the said C. D., or his assigns, shall and will, within the space of next after the date hereof, in good and workmanlike manner, and according to the best of his art and skill, at well and sub- stantially erect, build, set up, and finish, one house or messuage, according to the draught or scheme hereunto annexed, of the dimensions following, viz. : &c., and to composeTthe same with such stone, brick, timber, and other materials, as the said A. B., or his assigns, shall find and provide for the same ; in considera- tion whereof, the said A. B. doth, for himself, bis executors and administrators, covenant and promise, to and with the said C. D., his executors, administrators, and assigns, well and truly to pay, or cause to be paid, unto the said C. D., his, &c., the sum of , in manner following, (that is to say,) the sum of , part there- of, at the beginning of the said work ; the sum of more, another part thereof, when the said work shall be half done ; and the remaining sum of , in full for the said work, when the same shall be completely finished ; and also that he, the said A. B., his executors, administrators, or assigns, shall and will, at his and their own proper expense, find and provide all the stone, brick, boards, timber, and other materials necessary for making and building the said house. And for the performance of all and every the articles and agreements above mentioned, the said A. m ■ I #' B. and 0. D. do hereby bihU tlicniaclves, their executors, 6cc., each to the other, iti the penal sum of, Sec, firmly by thele pre* ■enta. In witness {conclude at ante, p. 28), {L. S.l JL. S.] ••».' I** ^U't^ <4'l ■-•A aK AGRKEMENT I'OR BV(LPIN0 and OOMPLBTINQ a aUlP, UtTWEBN A MCRCUANT AND A SHIPWRIGBT, WITIf SPECIAL PROVISIONS AS TO »^lv.r? PAYMENT, ETC. jrfjj Jusi» ,;;uj» ' r^^W '^' Articles of agreement, made between A., fthc builder J of, Sec, and B., fthe merchant,) of, &c. Whereas it bath been a^eed, by and between the parties hereto, that the said A., shall, at bis present place of building^ on or b4f9^e the — — day of next, in a workmanlike manner, build for the said !B., the hull of a ship or Vessel of the dimen- sions hereinafter mentioned, for the price or sum of , and such other and further sum and sums of money, to be ascertained an4 paid at such times and in such manner, as hereinafter is men- tioned and specified ; in consideration of the said agreement, and of the sum of , part of the said sum of , by the said 1$. to the said A, in hand paid, at the execution of these presents, ^he r^ipeipt whereof is hereby acknowledged, he, the said A., doth covenant and agree with the said B., his executors. &,c., to build jan4 construct, for him, the said B., his &«., the hull of a ship or vessel, of the follovving descriptior| or dimensions, that is to say, {Jiere particularly describe the dimensions of the vessel, and quality qf the wood, Sfc,, ioith which she is to be built,) and fitted uj) /ai^d finished in a substantial and workmanlike manner, with all things necessary, and usually made and provided by ship-builders, for ships of such burthen and construction ias the intended vessel ^hall be ; and the said ship or vessel shall, on or before the said - ■ ■ day o(- , be launched, and brought and moorisd in safety in the harbrur of . And the said B., in considera- tion of the said ship being so built and laiiiiched as aforesaid, doth covenant and aeree with the said A., his executors, Siks., iii i|ianner and form following, that is to say: that be, the said B., his, SCfC shall and will pay, unto the said A., his, &c., the fur- ther sum of , other part of the said sum of , upon laying the barpings of the said vessel ; of the said sum of -, upon laying the deck, and more, other pivt the -, upon launching and mooring harbour. residue of tlie said sum of th^ sdd vessel in safety in - t , A^d it is also agreed between the said parties hereto, and par- ticularly tho said A. doth agroe, that the same hull, from time to ^' — *'':d''2' tVe IviUdiao; thereof, and until tlio saino shall bo so ^1 pru' lEN A U TU Uof, mom'4^ in lafiBty'ts aforesaid, and UAsigned to the said B., Bia fixociflortt or odminislratorii, nhull stand charged with, and be a security to him and tliem ft>r the said sum of ■, already paid, and for such further and other sum and sums of money as shall 1)0 paid to the Maid A., his executors, dec, in pursuance of this agroerr.ont ; To the intent that the said hull shall not be 6t become liablo or subject to the dobts, contracts or ongagements, or otherwise alfected by auv act of the said A., his executora or administrators, to tho prejudice of the said B., his, &c. And that tho said A., his executors or adrainistraton, shall and will, after tho said hull shall be so moored in safety in the harbour of——, OS afoiesaid, by some proper deed, or instrument in writinc;, assign the same, free from all incumbrances, to the said B., his executors or administrators, at his and their request, and costii and chaxses. In witness, {conclude as ante, p. 28). .T. . .1,, i-^.tK., •VIM*.'; '\ AN AURCEMIuNT FOU THE FREIOHT OP A SHIP. I .«' ./Uj Articles of agreement, made between W. M., master of the ship G., burthen about tons, now at anchor, &c., and forthwitii bound out on a voyage to L., of the one part; and Y. Y., of, iic, merchant, of the other part. "'^^' "* ' '"'*'^ The said W. M., for the consideration hereunder mentioned, doth covenant with theisaid Y. Y., his, &.c., that the ship aforesaid shall, with all expedition, be made ready and piovided in all respects, for the voyage aforesaid, and shall receive on board for the said Y. Y., tho goods following (here enumerate thcmj, and within days after the date hereof, shall set sail from xiutwards, and, Weathei' serving, shall sail directly to L., and within - days ai\er her arnval there, shall unload and deliver the same unto the agent nr consignee of the said Y. Y., (tho dangers of the seas, enemies, and the restraints of Princes and Iculers only excepted ;) And tho said Y. Y., for himself, &c., doth covenant with tho said W. M., his, dec, that he, the said Y. Y., his, &c, shall lade, or tender the said goods to be laden, On board the said ship, and receive and discharge the same from on board tho same, at L., aforesaid, within the respective tiroea before limited ; and will pay unto tho said W. M., his, &c, for freight thereof, at tbe rate of , immediately after a right discharge and delivery of the same at L. aforesaid, with primag6 and average accustomed, and two-third& of all port charges to grow due during the said voyage ; the other third part thereof to be paid by the said \V. M. In witness, {mnclude usnnte,p. 28). 32 A miORT AGREEMENT POR LETTING A HOUSE FOR ^NE YEAR (EKTAtX, ^ AND FOR SUCH FURTHER TIME AS DOTH PARTlis SHALL AGRI^E. A. Agreed the day of , between, &c. ^; ^ , The said J. B. doth let unto the said J. P., and he takes, all that, &.C., for one year from, &,c., and for such lonorer time after t^ expiration of the said one year, as both the said parties shall agree, and until the end of three months after notice shall be given, by either of the said parties to the other of them, for leav- ing the said premises, at, &c., for the yearly rent of , to be paid quarterly from the first day of , next, by even and equal portions, which said yearly rent the said J. P. doth hereby for himself, his executors and administrators, covenant and agree to pay to the said J. B., his executors, administrators and assigns, accordingly, for so long time as he shall hold and enjoy the said premise.^ as aforesaid, and until the end of the said three months, next after notice shall be given by either of the said parties to the other of them, for leaving the said premises as aforesaid. In witness, &c. ''^' ;'^-l A 'i^hi^^^iiVH^i A:, v- i'-^.^i,^M:v/-- ',ii\xi ;.!.». ,/f^i fr.t(»s.> >>i ,W COMMON D0NJ> OF ARBITRATION. ..;{A' "I" Know all men by these presents, that I, A. B., of , in the parish of , in the county of , gentleman, am held and firmly bound to E. F., of — , in the county of . merchant, in the sum of pounds of good and lawful money of New Brunswick, to be paid to the said E. F., or to his certain attorney, executors, administrators or assigns ; for which payment to be well and truly made, I bind myself, my heirs, executors, and administrators, firmly by these presents, sealed with my seal, dated the day of , in the year of our Lord one thou- sand eight hundred and . 'r The condition of this obligation is such, that if the above bounden A. B., his heirs, executors, and administrators, on his or their parts and behalves, shall and do in all things well and truly stand to, obey, abide by, perform, fulfil, and keep the award. Older, arbitrament, and final determination of M. N., of , and P. Q., of , arbitrators, indifferently elected and named, as well on the part and behalf of the above bounden A. B. as of the above named E. F., to arbitrate, award, order, judge and determine of, and concerning all, and all manner of, action and actions, cause and causes of action, suits, bills, bonds, specialties, judgments, executions, extents, quarrels, controversies, trospass- cs, damacjcs, and demands whatsopvcr, nt anv fjme herotofors n 1 OO had, made, ra'ov^* brought, cotnfttknddd, bueA, proseiTliten.^oW^, suffered, committed, or depending by and betvireen the said par- ties, so as-the said award be made in writing, under the hands of the said M. N. and P. Q., and ready to be delivered to the said parties in difference, or such of them as shall desire the same, on or before the day of , then this obligation to be void, or else to remain in full force and virtue.. . vV^>;^'t In witness whereof, the said A. B. hath hereunto sCl his hand and seal, this day of , &c. Sealed and delivered, ) t »i5; jTi *" presence of; i '.■1? u- ■ -.f- - KS ASSIGNMENT OP A BOND BV ENDORSEMENT. L. S. ■■■■'■ :'-.-:-it.i/} ill <»?ua»5Tt» ^1h»«n«»»a ' Know all men by these presents, that I, the within-named A. B., in consideration of, &c., to me paid by C. D., of , do hereby transfer to him the within written bond, and all sums of money payable by viitue thereof; and hereby do constitute him attorney, irrevocable, in my name to demand, recover, and receive the same, to his own use; and I covenant, in case of my death before the same shall be recovered, that my executors or administrators shall give him full power to recover the same. In witness, (conclude as in the last form). [L. S.] wn m AN ASSIGNMENT OP A DEBT AS SECURITY, WITH POWER OF ATTORNEY. Know all men by these presents, that I, A. B., of -, gen- tleman, in consideration of , now due by rae to C. D., of -, trader, and for better securing the payment of the same to the said C. D., have granted, assigned, and transferred, and by these presents do grant, &c., all that sum of money now owing to me from E. F., for, &c., before the day of the date hereof, and all my right, interest and demand, in and to the said sum of mon- ey, and every or any part thereof; To hold to the said C. D., his ' executors, administrators, and assigns, to his and their use for- ' ever ; nevertheless, under the condition hereinafter named. And ., I do hereby constitute and appoint the said C. D. my attorney , irrevocable, in my name, but at the charges of the said C. D. and to his own use, to demand, sue for, recover, levy, receive, release, \and discharge the said debt, and every or any part thereof; and generally in my name, or in the name of my executors and ad- ministrators, to make, do, and perform all and every such fuither !';' I if lli 34 ■•-,■- ■$. and oOier acts, raattets, and things touching the premises, as tc iho said C. 1)., his executors or administrafors, shall seem fequi- «ite, es effectually as I, or my executors or administrators, might have done. Hereby ratifying and confirming whatever he or they shall lawfully do or cause to be dome, in or about tlie premises. And I do hereby covenant and agree to and with- the said C. D., his executors and administrators, that I have not done or suffered, .and will not do or suffer, any act, matter or thing, whereby, the said C. D., his executors or administrators, may be hindered from recovering or receiving the said debt hereby ^assigned, or any part theref>f, or any satisfaction therefor. And further, that I, my executors and administrators, shall and will at all times hereaflei, at the request of the said C. D., and at his charges, make, do» and execute all such further and other acts and deeds, as shall be reasonably required for the proving of the said «lebt, aud the more oiTectuatly enabling him or them to recover, receive, and' 9DJoy the same, according to the true intent and meaning of these presents. Provided alwav8,.that if I, the said A. B./ my execfutors or administrators, shall play, or cause to be paid, to the said C. D., his executors, administrators or assigns, the said slim of «, due to him as aforesaid, within three months from the date hereof, then this j^s^iignnji^nt^ atid every matter aiid thing herein contained, shall be void to at! intetits and purposes >vh^t- aoever. In wittiesB, (J&r coficltision see ante, jt, 33). h. &. .f : .i t» - AN ASSIGNMENt OF AI,L THE DRBTOtt's PERSOVAf. AND RF.Af. ESTATB, **«*«r.,.. «r^ ..« . ^^^ THE BENEFIT OF CREDITORS. ., his attor- ney and attornies, &:c., to receive the said debts, mentioned in the said second schedule, to his and their own use and uses as aforesaid, from the several persons therein mentioned, and all others whom it may concern ; and upon receipt, &c., &c., (see Letters of Attorney. J And these presents further witness, tliat in pursuance of the agreement aforesaid, and in consideration of, &c., fB. in like manner assigns to A. the debts mentioned in the first schedule, and empowers him to receive the same,) and each of them, the said A. and B., for himself, his executors and adminis- trators, doth hereby covenant, &c., to and wilh the other of them, his executors, &c., as follows, that is to say, that neither of them, the said A. and B., hath at any time heretofore received, released or discharged the debts herein before assigned and released to tho other of them, or any of the said debts, or any part thereof; if-' a t #11 I I m m ml 38 and that either of them, or the executors or administrators of ei- ther of them, shall not nor will, at any time hereafter, receive, &c., the debts by him respectively assigned to the other of them, or any part thereof, and snail not nor will institute or commence any action, suit or process, for the recovering tuA receiving thereof, unless at the request, and with the consent in writing for that purpose, under the hand and seal of the other of them, his executors and administrators ; and that each of them, his execu- tors and administrators, shall and will, at the request and charge of the other of them, his, &>c., do any further act^ for the better and more perfect assigning, releasing, and confirming the debts herein assigned by them respectively, unto the other of them, his, &c., and for the enabling him and them to receive and recover the same, to his and their own use and uses as aforesaid, as shall be reasonably required ; and lastly, that in case it shall appear to be proved, that either of the said parties hath received any of the debts hereinbefore assigned to the other of them, or any part thereof, in such case, such of the said parties who shall so have received the same, his executors or administrators, shall and will pay and make good, the full debts so by him received or dis- charged, to the other of them, his executors or assigns, within one month after notice thereof, to him or them to be made, or given. In witness, &c, • :' . %-ri?*t A UILL OF SALE OF GOODS AND CHATTELS. m Know all men by these presents, that I, A. B., &c., in consider. ation of the sum of , to me paid by C. D., &c,, the receipt whereof I do hereby acknowledge, have granted, bargained, sold, and confirmed, and by these presents do grant, &c., unto the said C. D., all the goods, household stuff, and implements of household stuff mentioned in the schedule hereunto annexed. To have and to hold all and singular the said goods, &c., unto the said C. D., his executors, administrators and assigns forever, And I, the said A. B., my executors and administrators, all and singular the said goods and household stuff, unto the said C. D., his executors, &c., against all and every other person and persons whatsoever, shall and will warrant and forever defend by these presents ; of which goods, &c., I, the said A. B., have put the said C. D. in possession by delivering him one silver cup, in the name of all the said goods and chattels, at the sealing and delivering thereof. Sealed and delivered, and livery of seizin of the goods above bargained and sold, delivered by the said A. B.'s giving and delivering to tho said C, 1). oiio silver cup in the name of the whole together in the art or trade of , and all things thereto belonging, and also, in buy- ing, gelling, vending and retailing all sorts of wares, goods and commodities belonging to the said trade of , which said Co- partnership, it is agreed, shall continue from, &,c., for and during and unto the full end and term of years, from thence next ensuing, and fully to be complete and • nded. And to that end and purpose he, the said A. B., hath, the day of date of these pre- sents, delivered in as stock, the sura of, &c., and the said C. D. ttio sura of, &c., to be used, laid out and employed in common trade between them, for the management of the said trade of, , to their utmost benefit and advantage. And it is hereby agreed between the said parties, and the said Co-partners, each for himself respectively, and for his own particular part, and for his executors and administrators, doth covenant, promise and agree, to and with the other of them, his executors and adminis- trators, by these presents, in manner and form following, that is to say : That they, the said Co-partners, shall not nor will, at any time hereafter, use, exercise, or follow the trade of , afore- said, or any other trade whatsoever during the said term, to their private benefit and advantage ; but shall and will, from time to time, and at all times, duiing the said term, (if they shall so long live,) do their and each of their best and utmost endeavours, in and \fy all means possible, to the utmost of their skill and power, for their joint interest, profit, benefit and advantage, and truly employ, buy, sell, and merchandize, with the stock aforesaid, and the increase thereof in the trade of , aforesaid, without any sinister intentions or fraudulent endeavours whatsoever. And also that they, the said Co-partners, shall and will, from time to time, at all tiroes hereafter, duiing the said term, pay, bear, and discharge, equally between them, the rent of the shop, which they, the said Co-paitners, shall rent or hire, for the joint exer- cising or managing of the trade aforesaid. And that all such gain, profit and increase, as shall come, grow, or. arise, for or by reason of the said trade, or joint business as aforesaid, shall be from time to time, during the said term, equall^tand proportionably divided between them, the said Co-partners, share and share alike. And also that all such losses as shall happen in the said joint trade, by bad debts, ill commodities, or otherwise, without fraud or covin, shall be paid and borne equally and proportionably between them. n 4 « 41 m.: M 40 And further, it is agreed )>y and between the said Co-partners, that there shall bo had and kept from time to time, and at all times during the said term and ioint business and Co-partnership together as aforesaid, perfect, just and true books of accounts, wherein each of the said Co-partners shall duly enter and set down, as well all money by him received, paid, expended, and laid out, in and about the management of the said trade, as also all wares, goods, commodities, and merchandises, by them or ei- them of them bought and sold, by reason or means or upon ac- count of the said Co-partnership, and all other matters and things whatsoever, to the said joint trade, and the manasement thereof, in any wise belonging or appertaining, which said books shall be used in common between tne said Co-partners, so that either of them may have free access thereto without any interruption of the other. And also that they, the said Co-partners, once m three months, or oftener if need shall require, upon the reasonable re- quest of one of them, shall moke, yield and render, each to the other, or to the executors or administrators of the other, a true, just, and perfect account of all profits and increase, by them or either of them made, and of all losses by them or either of them sustained, and also of all payments, receipts and disbursements whatsoever, by them or either of them made or received, and of all other things by them or either of tbem acted, done, or suffered, in the said Co-partnership and joint business as aforesaid ; and the same account being so made, shall and will clear, adjust, pay, and deliver each unto the other, at the time of making such ac- count, their equal shares of the profits so made as aforesaid ; and at the end of the said term of , or other sooner determination of these presents (be it by the death of one of the said partners, or otherwise), they, the said Co-partners, each to the other, or in case of the death of either of them, the surviving party to the ex- ecutors or administrators of the party deceased, shall and will make a true, just, and final account of all things as aforesaid, and divide the profits aforesaid, and in all things well and truly adjust the same, and that also upon the making of such final account, all and every the stock and stocks, as well as the gains and increase tliereof, wliich shall appear to be remaining, whether consisting of money, wares, debts, &c., shall be equally parted and divided between them, the said Co-partners, their executors or adminis traturs, share and share alike. In witness, &o. :■■;■■. . < DEED OF QUIT CLAIM. Know all men, by these presents, that I, A. B., of , Es- quire, in consideration of the sum uf , to me paid by C. D., 41 of *, gentloman, iho receipt whereof I do hereby acknow- ledge, have remised, released, and ioi ever quitclaimed, and by these presfents do remise, release, and for ever quitclaim, unto the said C. D., his heirs and assigns, a certan nessuage now in the seizin and possession of the said C. I)., situate, &c. To havo and to hold the aforesaid premises, with all the privileges and ap- purtenances to the said messuage, &c., belonging or appertaining, unto the said C. D., his heirs and assigns, to his and their sole use for ever ; so that neither I, the said A. B., nor my heirs, nor any person or persons claiming under me or them, shall at any time hereafter, by any way or means, have, claim, or demand any right or title to the aforesaid premises or appurtenances, or to &ny part or parcel thereof, forever. In witness, &c. ! .'.U» • ^"' ' A COMMON INDENTURE OF APPnENTICESIIIP. !i'i i* I This indenture witnesseth, that A. B., son of B. B., of, &c., doth put himself apprentice unto C, of, &;c., to learn the art of a '• — , which he the said C. now useth, and with him after tho manner of an apprentice to dwell, and him to serve, from tho &c. unto the full end and term of years, from thence next ensu- ing, and fully to be complete and ended ; during which term the said apprentice his said master faithfully shall serve, his secrets keep, his lawful commands every where gladly do ; he shall not do, or willingly suffer to bo done, any damage to his said master, in his goods, estate, or otherwise ; he shall not absent himself from the service or business of his said master unlawfully, but in all things as a faithful servant, or apprentice, he shall be- have or demean himself towards his said master, and all his dur- ing the said term ; And the said master (in consideration of the sum of , of lawful, A-c, to him in hand, at or before sealing hereof, well and truly paid, the receipt whereof he doth hereby acknowledge, being the money agreed to bo paid, and given with his said apprentice,) shall and will teach and instruct, or cause the said apprentice to be taught and instructed in the said ai: of a , which he now useth, by the best ways and means that he can ; and shall and will also find and provide unto and for his said apprentice, meat, drink, apparel, washing, lodging, and alt other necessaries during the said term (wearing apparel except- ed); and for the true performance of all the said covenants and agreements herein contained, each of the said parties bindeth himself unto the other of them firmly by those presents. In witness, &c. i 42 .1 I INPBNTURI OF APPRBNTICSBHIP WHEREIN TUli' FATHER IS CONCERNED, M ' i. '■ I,- ■.;; ... 1 ■ ■! nieA ^■'-r'.- This indenture witneiseth, that A., son of B., of, dec, now dwel- ling with C, of , in, &c., with the consent and agreement of nil said father, testiBed by his signing and sealing these pre- sents, is bound, and doth bind himself apprentice unto the said C. after the manner of an apprentice, to serve him, the said C, at aforesaid, for the term of years, from, &c., to be accounted, and fully to be complete and ended ; during which term, the said apprentice or servant shall and will faithfully serve and be just and true to his said master in all things whatsoever, and keep his secrets, and obey all lawful commands of his said master, and demean himself faithfully towards bis said master ; he shall not do, or willingly suffer to be done by others, any hurt or damage to his said master, but the same to the extent of his power shall hinder, or his said master thereof shall forthwith ac- quaint; he shall not absent himself from his said service day and night unlawfully, but in all things as a good and faithful appren- tice he shall bear and behave himself towards his said master, and all his, during the said term. And the said C. (in considera- tion of of lawful, &c., paid by the said B. with his said son to D., of, Sec, for the use of the said C.) doth hereby agree, to and with the said B. and A. and either of them, that he, the said C, his said apprentice shall and will instruct and teach, or cause to be instructed and taught, in the business of a , which he now useth, and shall and will find and provide unto and for his said apprentice, meat and sufHcient diet, lodging, washing, and other necessaries, during the said term (wearing apparel except- ed); and for the true performance (coiidudcasinlastform). In witness, ice. ■ m i' ^ A LETTER OF ATTORNEY TO RECEIVE A LEGACY. To all, &c., M. G., &c., sendeth greeting. Whereas A. K., late of , by her last will and testament, bearing date , did give and bequeath unto me, the said M. G., the sum of , to be paid unto me upon my sealing and delivering a general release to the executors of the said A. K., and made and constituted J, B., of , her executor, and shortly after died. And whereas the said J. B. hath proved the said will, and I, the said M. G., have sealed such general release to the said J. B., as by the said will is described, and left the same in the hands of her attornies hereinafter named, to be delivered to the said J. B. on payment of the said sum : Now know ye, that I, the said M. G., have constituted, &c., and by these presents do, &c., J. R., &c., to 43 lie, Ace, for me, Sec, to ask. Sec, of and from tho said J. 13. tho anid logacy of, fee, so given and boqtioatliod to mo as aforonaid ; and upon receipt, &o. In witness, &:c. H' A GENERAL LETTBR OP ATTORNEY TO RECEIVE DEBTS. Know all men by those presents, that I, A. D., dec, have made, constituted, and appointed, and by these presents do make, &c., C. D., &c., my true and lawful attorney, for me and in my name, and tu my use, to ask, demand, sue for, recover and receive of Et E., {or, of and from all and every person and persons whatsoever, whom it doth, shall, or may concern,) &c., all and every such sum and sums of money, debts, and demands whatsoever, as now nro due and owing unto me, the said A. B., by and from the said E. E.: And in default of payment thereof, to have, use, and take all lawful ways and means, in my name or otherwise, for tho recove- ry thereof, by attachment, arrest or otherwise, and to compound and agree for the same : And on receipt thereof, acquittances, or other sufficient discharges for tho same, for me and in my name, to make, seal, and dcHver : And to do all lawful acts and things whatsoever concerning the premises, as fully, in every respect, as I myself might or could do, if I were personaally present ; and an attorney or attornies under him, for the purposes aforesaid, to make, and at his pleasure to revoke ; hereby ratifying, allowing, and confirming all and whatsoever my said attorney shall, in my name, lawfully do or cause to be done in and about tho premises. In witness, &c. Note.— If there are two attornies, say—" B., &c., and C, &c., jointly, and either of them severally, to be my Uue and lawful attorney and attornies, fur me, «&c." ! ' n A LETTER OF ATTORNY TO TWO PERSONS, BUT IN CASE OP THE DEATU, ABSENCE, OR REFUSAL OP BOTH, OR EITHER OP THEM, THEN TO AN- OTHER ALONE, OR WITH EITHER OP THEM THAT WILL ACT. D. and E. jointly, and either of them severally, our true and lawful attorney and attornies ; and in case of the decease or absence of the said D. and E., or either of them, or the refusal of them, or either of them, to act as our attornies by virtue hereof, then we make, &c., F. alone, or together with him or them, the said D. and E., who shall be living and present there, and will act as our attorney by virtue of these presents, jointly, or either of them severally, our true &c. attorney and attornies, &c. F M' 44 '. i; "' ' A LRTTER OF ATTORNEY TO lELI. LAND!. ' ' ; Know all mon by these proeonts, that I, A. B., of 8. in the county of E., Esquire, have mndo, constitutnd nnd appointed, and do by thcio presents make, &c., C. D., of 1\., in the county of S., merchant, to bu my sufficient and lawful attorney, for me nnd in my name, to bargain, sell, grant, release and convoy, to such per- son or persons, and for such sum or sums of money {or, and for such consideration or considerations,) as to my said attorney shall seem most for my advantage and profit, all that parcel of land, &c., (here describe the estate,) and upon such such salo or sales, convenient and proper deeds, with such covenant or covenants, general or special, of warranty, release, or otherwise, as to my naid attorney shall seem expedient, in duo form of law, as my deed oi deeds, to make, seal, deliver, and acknowledge, and for me, and in my name, to accept and receive, all and every the sum and sums of money {or, other consideration or considerations whatsoever,) which shall be coming to mo on account of the said salo or sales, and upon the receipt thereof, suitable acquittance or acquittances, in my name and stead, to make, seal and deliver; and generally giving to ray said attorney full power and authori- ty, touching the premises, to do, execute, proceed, and fmish, in all things, in as ample a manner as I might do if personally pre- sent. Hereby ratifying and confirming all lawful octs done by tny said attorney by virtue hereof. In witness, &c. CSee Form of Acknowledgement, i)ost p. 48.) Note.— This should be acknowledged and recorded in ihe county whete '.!ie land lies. , ,, .. -,,. LETTER OF ATTORNEY TO SELL A SHIP. Know all men by these presents, that we, J. R. and J. W., of , are sole owners of^ the ship or vessel called ■ , ac- cording to the proportions and shares speciilod in iho certificate of registry hereunder written and set forth, whereof is at present master, now lying in the harbour of—— , which said certificate of registry is in the words and figures following, that is to say : (HerefoHmcs a copy of the cerfijicate of registry.) ■ - Now know ye, that we, the said J. K. and J. W., have made, ordained, constituted and appointed, and by these picBtnts do, &c., A. L., of , our true and lawful attorney, for us and each of us, and in our and each of onr names, and to and for our use and benefit, to sell or dispose of tlic said ship or vessel , together with all her masts, sails, yards, anchors, boats, cables, tackle, apparel, furniture and appointments whatsoever, to the 45 Buid ship or vessel belonging, ntui nil our separate proportions and shares thoreoi, according to the corliiicato of rogistry as ufutc- said, and all our and either of our right, title, IntereHt, property, claim or d.omand whatsoever, therein and thereto, at and for the best prico and prices that can bo had and gotten for the same, and tlieroupon to seal and execute a good and suiHcient bill of sale, asHignmont, or other deeds and writings for perfecting and confirming the sale thereof, as by the Act and Acts of Parliament, and tho laws of Great Britain, and as by counsel learned in the law shall bo deemed requisite and necessary for transferring a good and complete legal title of, in, and to the premises, and eve- ry part and parcel thereof, with the appointments, and upon re- ceipt of the money which tho said premises shall be sold for. to give suflicient legal receipts and dischaiges for the same, and to o all other matters and things in and about the premises as fully and absolutely as we ourselves, or either of us might do, or could perform, if we wore ourselves personally present, and an attorney or attomies under him, for the purpose aforesaid, to make, and at his pleasure to revoke and nullify. Hereby ratifying, allowing, and confirming, all and whatsoever our said attorney, or hid sub- stitute or substitutes, shall do or cause to bo done in our names, in and about tho premises, by virtuo of those presents. In witness, &c. (Add Notarial Seal and Certificate.) • > * •. ■' f-, V^'<•. A shorter form. Know, Sec, that I, A, &c., have made and ordained, and by, &c., B., &c., now cominandov of tho ship M., to bo my true, cer- tain and lawful attonioy foi me, and on my behalf, to grant, sell, and dispose of m_y sixteent*t part of and in all that tho said ship or vessel called the M., of tho burthen , (here state the date of the certificate qfrcglitr}/, the tonnage, Sfc,, of the vessel, so that she may he easihj identified loith the description,) and of all the appur- tenances to the said ship belonging, at and after tho rate or price of JB for one-sixteenth part, or such a rate or price as h<' can get for the same ; and to seal and execute a sufiicient bill ur bills of sale thereof, for me and on my behallf ; and upon receipt of the money or consideration for such bill or bills of sale, to give re- ceipts for the same. And I do hereby ratify and confirm, &;c. And I do hereby ( ovenant and agree for mysolf, my, &c,, to and with, &c., that 1 will, upon request, do any further reasonable act for confirming the said sale or sales as shall be required. " • • In witness, &c. 46 A SHORT MORTGAGE OF GOODS. Know all men by these presents, that I, A. B., of — — — , gen- tleman, in consideration of the sum of , , to me paid by C. D., of , Esquire, the receipt, &c., have granted, bargamed and sold, and by these presents do grant, &c., unto the said C. D., all the goods and chattels, wares, effects, and merchandise, men- tioned and specified in the schedule hereunder written : To have and to hold all and singular the said, &,c., unto the said C. D., his executors, administrators and assigns for ever. Provided, never- theless, that if I, the said A. 13., my executors, administrators, or assigns, or any of them, do and shall well and truly pay, or cause to be paid, unto the said C. D., his executors, &c., tho sum of — , with legal interest for tho same, on or before the day of , then these presents, and every clause, article, and thing herein contained, shall cease and be void. Otherwise, to remain in full force and virtue. In witness whereof, I, the said A. B., hereunto set my hand, this day of——, 184^ — . { See 2)ost p. 50.) Signed and delivered in ) A. B. „ ;. presence of j For thefollmoing short form the author is indebted to an intelli- gent Merchant of tlic City of Saint John. It has been frequently used by Merchants and Ship-Builders, and is remarkable for its comprehensive breiity. AGKEEDICNT TO BUILD A SHIP. "1^ pi It- Agreement made and entered into this day of , between , of the City of Saint John, merchant, on the one part, and , of , ship-builder, on the other part — Witnesseth, that the said , for and in consideration of the payments hereinafter mentioned, to be made by the said , doth hereby agree to build, launch, and deliver in the harbour of Saint John, at Carleton, in safety, a vessel of the following di- mensions, viz.: sixty feet of keel, nineteen feet beam extreme, and nine and one-half feet hold, iron fastened, in accordance with a model furnished by said , and the said doth bind himself to build and fmish tho said vessel in hull, masts, yards and spars complete, inboard and outboard, including all caulking, iron- work, blacksmith's work, plumber's work, painting, pumps, head set, and all other work to and in top of rail, even to a cleat, as fully and effectually as if it was more particularly specified, it be- ing fully undnrstood and agreed upon that no extra bills are to be brought against said vessel, the work to be completed and finished 47 in a thorough workmanlike manner, to the satisfaction of the aaid , or the person sent by him to superintend the same. The vessel to bo launched and delivered on or before the — — day of next ensuing, and the said , for and in consi- deration of the just and true peiformance of the above, promises to pay to the said , at and after the rate of Five Pounds per ton, old register admeasurement, for every ton the said vessel may register, according to the dimensions herein specified, and said payment to be made as follows, one-half in cash, payable by instalments weekly as the work progresses, one quarter in iron or goods, such as provisions and merchandise, and balance in no^es of hand at three months, when tho vessel is launched and com- pleted, and certificate of builder handed over. And the undersigned do bind themselves in the penal sum of Two Hundred Founds, lawful money of New Brunswick, for the due performance of this obligation. Dated in Saint John, New Brunswick, this day of , one thousand, &c. Signed, sealed, and delivered, { [L. S. of . } [L. S. m presenc li j'-' A BOND, WITH A CONDITION, TO CONVEY AN ESTATS AT A TIME TO dOMB, FREE FROM INCUMDRANCE. ("For form of ohligatory part, see Arbitration Bond, ante p. 32.J The condition of this obligation is such, that if the abovobound- en A. B. do and shall, upon the request of the said C. D., his heirs or assigns, on or before the day of , which will be in the year of our Lord one thousand eight hundred and , con- vey and assure, or well and sufficiently cause to be conveyed and assured, unto the said C. D., his heirs and assigns, as tho said C. D., shall nominate and appoint, and to such uses as he shall direct, the following described premises, to wit : (here particularly de- scribe Hm premises to be conveyed,) by such conveyances and as- surances in the law, as by the said C D., or his heirs or assigns, or his or their counsel, learned in the law, shall be reasonably devised or advised, and required, freed and discharged, of and from all incumbrances whatsoever, except &c. (here insert the in- cmnbrances, if any, from which the premises arc not to be freed). — Then the above obligation to bo void, otherwise to bo and remain in full force and virtue. Signed, scaled, and delivered, ) [L. S.] in presence of . J 48 ''"'■' DEED OF WAttRANTT, WITH POHM OF ACKNOWLEDGEMENT. ' Know all men by these presents, that I, A. B., of , in the county of , Esquire, and — — my wifd', for and in considera- tion of the sum of pounds of lawful money ^of Now Bruns- wick, to me in hand well and truly paid, at or before the enseal- ing and delivering of these presents, by C. D., of afore- said, in the county aforesaid. Esquire, the receipt whereof I do hereby acknowledge, have granted, bargained, and sold, and by these presents do grant, bargain, and sell unto the said C. D., his heirs and assigns, all and singular the following described prem- ises, to wit : (here particularly describe the premises conveyed^ if possible by metes arid boundaries,) and also all dower, right and title of dower, interest, property claim, and demand whatsoever, of, in, to and one of the above described premises, with the ap- purtenances. To have and to hold the above bargained and sold premises, with the appurtenances, to the said C. D., his heirs and assigns, and to his and their only use, benefit and behoof for ever. And I, the said A. B., do for myself, my, and each and every of my, heirs, executors and administrators, covenant with the said C. D., his, and each and every of his, heirs and assigns, that I am seized of the premises as a good indefeasible estate of inheritance in feo simple, free of and from all manner of incumbrances what- soever, (rents, dues, conditions, reservations, and services, due and reserved to the Queen, only excepted) and that I have a goo.■ . %'il'^n V-A- a^Aff;P*•i^' ^^^^■. 'i^'Ii ■■''^'. ;•;i■^ ■ 't- ' f » * 1 t' ' ^r.^^^ J^; .■. . ■ _■ :0" %■'■•■- Ji- -** - ■--* r . ^ ■••• . . ■■■■'I; ,;' '/'■ ^..:' LEASES, o jft LAW SUMMARY. •«-#;';f. By the Provincial Act, 25 Geo. 3. cap. 3. leases should be ac- knowledged and recorded, provided the term is not beyond three years, and when the actual possession and occupation goeth along with the lease. — Sec. 18. A lease for years may be delivered by an attorney by parole. 1 Co. Lit. 348, b. Note 213. A lessee, before entry, has no estate, and therefore cannot receive a confirmation, or release, from the lessor, nor can he surrender, except by a surrender in law. 2 Bl. Com. 324. Walk. Conv. 11. Yet if a lease be made to two, one may release to the other before entry. Walk. Conv. 12. But a lesseo before entry has an intercsse termini which he may assign, and such assignee will have a right of entry, as the lessee had. Bace. Abr. Leases. So if one make a lease for years, to commence after the death of tenant for life, or after the expiration of a lease for years then in being, and after the death of tenant for life, for the expiration of the term of years, a stranger enters by tort, yet the lessee of the future interest may grant over his terra, before or without en- try, and such grantee will have a right of entry. But if the lessee had once entered after the death of tenant for life, &c., and had after been put out, then he could not. Bac. Abr. Leases, 105. — Bruerton's v. Rainsford, Cro. Eliz. 15. Saffin's case, 5 Co. 124. After entry the lessee may assign, underlet, surrender or devise it, or he may limit it by way of trust to one for life, and after his decease to another, or he may receive a release of the reversion from tho lessor. Watk. on Conv. 13, 14. A lease made by a father as natural guardian is void. 2 Mass. R. 55. If a husband makes a lease of his wife's lands, and dies, she may affirm or avoid the lease, as she finds most for her interest. But if she accepts rent which has become due after the husband's decease, the lease is thereby become unavoidable. Bac. Abr. Leases, C. If a tenant in dower, or by the courtesy, make a lease for years, reserving rent, and die, this lease is absolutely determined, so that no acceptance of the rent by the heit, or those in reversion, can G ^it make it good, and the tenant is merely tenant by sufferance, by his continuance of possession. Bac. Abr. Leases, 1. Tenant for life can make no leases to continue longer than his own life ; they are merely void after his death, and cannot be sot up against the remainder man, by his acceptance of rent. Bac. Abr. 126. Upon a determination of such lease, by the death of tenant for life, the rent must be apportioned ; so of a lease at will made by tenant for life. Max. hi Conv. 49. If disseisor makes a lease for years, and the disseisee confirms it, and after re-enters, yet he shall not avoid the lease. Co. Lit. 300. Bac. Abr. 129. The heir, afler the death of his ancestor, before any actual en- try, may make a lease for years, because the possession was cast upon him immediately, by the death of his ancestor, and none had possession in fact. But if a stranger first enter by abatement, then such lease, made by him after, will be void. Bac. Abr. 130. If two joint tenants are in fee, and one makes a lease for years, to begin after his de&th, this is good, and shall bind the other if he survives. Co. Lit. 163. Bac. Abr. 131. But a devise for years, in such manner would be void. lb. If two joint tenants for life are, and one makes a lease for years of his moiety, either to begin presently or after his death, and dies, this lease shall bind the survivor, and such lease shall hold out the surviving joint tenant and reversioner, lb, 3 Bac. Abr. 695, 696. Whitlock v. Horton, Cro. Jac. 91. A joint tenant, or tenant in common, may make a lease for years of his part to his companion. Co. Lit. 166, A, When the lessee holds over after the determination of the lease, the sureties are no longer held. But if the tenant afterwards pays money on account generally, the lessor may apply it to the rent growing due after the expiration of the lease, so as to hold the sureties for former arrearages, if any, before the expiration of the lease. Brewer v. Knapp, 1 Pick. 332. A. leases a Marble Quarry on his land to B.: he afterwards conveys the land, " reserving the use of the Quarry until the expi- ration of the lease." A. and B. cancel the lease, yet the reserva tion continues in force until the expiration of the term of year&. Farnum v. Piatt, 8 Pick, 339. LEASES, USUAL FORM OF A LEASE (ABRIDGED). r. e, is le Id >n is i- 1 9. — day of ■ D., of — , between A. B., trader, vritnesselh : This indenture, made tliis - of , gentleman, and C. that tlie said A. B. doth hereby demise and lease unto the said C. D. all that, Ate, (describe the j>remise3,J to hold for the term of — years from the date hereof; yielding and paying therefor yearly on every day of , during the said terra, unto the said A. B., or his assigns, the yearly rent of , (or thus, yielding and paying therefor, during the said term, the yearly rent of , in two equal semi-annual payments ; or thus, yielding and paying therefrom, during the said term, the yearly rent of pounds, in four equal payments, quarterly.) And the said C. D. covenants to pay the said rent in manner aforesaid, and to deliver up the premises to the said A. B., or his attorney, peaceably and quietly, at the end of the said term, in as good condition as the same now are, or may be put into by the said A. B., reasonable use, and wear and tear thereof, and fire and other casualty excepted ; and to pay all taxes and duties lawfully levied and imposed on the premises demised, during the said term ; and the said lessee further covenants, that he will not do, or suffer any waste in the demised premises ; that he will not un- derlet the same, or any pait thereof, uor permit any other person or persona to occupy the same, or any part thereof nor make, or suffer to be made, any alteration therein, without the consent of the said C. D., or his assigns, for that purpose in writing first had and obtained ; and the said lessee further covenants that the said A. B., or his attorney or agent, may enter the premises, for the purposes of viewing or making improvements, at reasonable times in the day-time. (Other clauses may be inserted according to cir^ cumstances. See the follotving forms.) m m I A LEASE OF QOODS, AND UOUSEUOLD FUUNITURB. This indenture, of two parts, made this day of , be^ twecn A. B., of , merchant, and C. D., of , merchant, witncsseth : that the said A. B., in consideration of the covenant^ hereinafter contained, on the part of the said C. D. to be per- 54 formed, hath demised and leased to the said C. D., and his as- signs, all the goods and household furniture, contained in the sche- dule hereunto annexed, to hold to the said C. D., and his assigns, from the date hereof, for the full term of three years : yielding and paying therefor the annual rent of , in four equal quar- terly payments, viz : on the day of , on the day of , on the — — day of , and on the day of , in every year during the said term. And the said A. B. covenants, that the said C. D., or his assigns, shall quietly hold and enjoy t!ie leased premises, without the lawful hindrance of any peraon or persons whatsoever. And the said C. D. covenants, that he will pay the rent aforesaid in manner aforesaid, during^ the said term : that ho will not assign this lease, or underlet the said goods, or any Eart thereof, without the written consent of the said A. B ; that o will replace, at his own expense, any o£ the said goods which may be casually lost or injured, during the said term, and at the cx]nration of tho said term, or other sooner determination of this lease, will restore the said goods and household furniture to the said A. B., or his assigns, in the like good order and condition, as they now are, wear and tear arising from a reasonable use of tho same, and loss from the casualty of fire, alone excepted. In witness, &c. >, , ^. , ThefolUnciftg proviso may he interted at discretion, 'l^ «^ , . TromsOtfoT determining tlie lease at tJie option of the lessor. Provided always nevertheless, that if the said A. B., or his as- signs, shall at pny time during the said term, tenrlev to the said C. D., or his assigns, one shilling — with an intent to determine this lease, then this lease shall wholly cease and determine from tho timo of such tender, in like manner to all intents and purposes whatsoever, as if tlie said term of three years was fully complete and ended ; and the said rent shall be so apportioned, that the said C. D., or his assigns, shall pay, and the said A. B., or his as- signs, shall receive, after the rate of per annum, for the nse of the goods and household furniture aforesaid, during tho time that they shall be used or retained by the said C. . >., in bis pOk3!3CS8ion by virtue hereof. A > oWi LEASE, BY WAY OF MEMORANDUM. Memorandum, that K. D., Esquire, leased to R. S. the messuage or tenement in street, in , in which the said K. D. lately dwelt, to hold for one whole year, from next ensuing. ■M^. 56 and so fron) year to year ; yielding and paying yearly and every year, unto the said K. D., the sura of , by four ©ven and equal [laymonts, the first payment to be made on, &c., the second payment, 6cc., &,c., in every year. And the said K. D. did agree to repair the promises, other than the glass windows thereof, and pales before tne door ; and the said R. S. did agree to repair the windows during the term ; and the said K. D. did agree, that R. S. might retain the first quarter's rent, laying it out in painting the outside of the said house, and the overplus (if any) otherwise in and about the said house : And further, that the said R. S. might enter at any timo before midsummer. Provided, that if oither of the said parties, their executors or administrators, should bo minded to determine the said lease, and thereof should leave and give notice in writing to the other, his executors or adminis- trators, one quarter of a year before the 0tid of any year, then, from the end of the same year, the said lease should determine and be void. In witness, &c. .,< — . , ,mii: ■' I? »■ 'I* ^ ' ■ . ■ 1 ■ ■ , » V -I -.1 I ' "•fM-r ;!■ A LBABE FOR TEAKS OF A HOUSE AND LANDS IN THE COVHTRT, WITH EXCEPTIONS AND SPECIAL COVENANTS, d(C. U- (■■...- . u . ;■- • This indenture, made, 41tc., between N. N., of the one part, and O. O. of the other part, witnessoth, that for and in consideration of tho rents, covenants, provisos and agreements, hereinafter re- served and contained, and which, on the part of the said O. O., his executors, administrators and assigns, are to be paid, done, and performed, he, the said N. N., hath leased, set, and to farm letten, and by these presents doth lease, set, and to farm let, unto the said O. O., his executors, administrators and assigns, all that mes- suage, tenement, or farm-house, late in the possession of R. O., with the appurtenances, situate in , together with all and singular the yards, gardens, orchards, premises, bams, stables, out-bouses, edifices and buildings, thereunto belonging, and also all those several closes, pieces or parcels of arable land, meadow, pasture, wood, and wood ground, containing by estimation acres, (be this more or less,) lying and being in to the said messuage, tenement, or farm-house belonging, and therewith held, used, occupied and enjoyed, as part and parcel thereof. (Exception of Timler, Sfc.J Except and always reserved, out of this present lease unto the said N. N,, his heirs and assigns, all timber and timber-like trees, and all other trees whatsoever, but the fruit trees for their fruit only, and the pollard trees for their lops and tops only, which now il htt 5C are, or at any tiroo or ttnef heroafter nhall bo, stanillDg, growing, and being in, upon and about tho said loosed premiaes, or any par( thoreof, with free liberty of ingress, egress, and regress, to and for the said N, N., his heirs and assigns, servants and workmen, from time to time, and at all times during the torm hereby leased, the same to folU stock up, cut down, hew, and carry awuy, in and through tho Naid leased premises, or any part thereof, (doing no wilful hurt or damage to the grain and grass of the said O. O., his executoia, administrators and assigns,) at all times during the term hereby leased, and freo liberty to enter into and upon tho said premises, and every pa|t thereof, to view the condition of (he repairs thereof. (Habendum and reddmdwmO to have and to hold the said messuage, tenement or ftii m- linuse, closes, pieces or parcels of land, meadow, pasture ground and premises, with their and every of their appurtenances, (except as before excepted,) until the said O. O., his executors, adminis- trators and assigns, from the day of the date hereof, for and dur- ing, and unto the ftill end and term of years next ensuing, and fully to be complete and ended ; yielding and paying there- for yearly, and every year during the said term, unto the said N. N., his heirs or assigns, the yearly rent or sum of , on the fir^t day of , in every year during the said term. ;i .. (A Covenant to repair, the lessor finding materials.) Also that he, the said O. O., his executors, and administrators, and assigns, shall and will, at his and their own proper costs and charges, well and sufficiently repair, maintain, amend, scour, cleanse, preserve, and keep in repair, the said messuage, tene- ment or farm-house, and all other the houses, out-houses, edifices, buildings, barns, stables, gates, rails, pales, stiles, hedges, fences, and mounds belonging to the said hereby leased premises, he, the said N. N., his heirs and assigns, upon notice and request to them made, finding and allowing on the said premises, or within four miles thereof, all rough timber, brick, lime, tiles, and all other materials whatsoever (except straw) for the doing thereof, to be carried to the said hereby leased premises, at the charge of the said O. O., his executors, administrators or assigns. (A Covenant to quit possession at the end qf the term. J And tho said premises so prepared, amended, and kept in re- pair, as aforesaid, at the end, expiration, or other sooner determi- nation of this present lease, shall and will yield up unto the said N. N.,bi3 heirs or assigns. #. \ (Lessee covenants to pay Taxes.) And that ho, the saltl O. O., his exectitort, aStninistrBtora anil assigns, shall and will, at all times durino; the said term of years hereby leased, bear, pay, and discharge all such taxes, levies and assessments, as shall be taxed, levied, rated or assessed upon the said lioroby leased premises, the land tax only excepted. (Lessor covenants to find material* for repairs^ Sff.J V And the said N. N. doth hereby, for himself, 8cc., covenant, &c., to and with the said O. O., his executors, &c., in manner follow- ing, viz. : that he, the said N. N., his heirs end assigns, shall and rill, will, from time to time, and at all times during this present lease, at reasonable time for cutting timber, find, provide tor, and allow unto the said O. O. his, &c., on the said premises hereby leased, or within four miles distant therefrom, necessary rough timber, brick, lime, and tiles, and all other materials whatsoever for the repairing and amending thereof, (except straw,) within forty days after notice of the want thereof, and demand of the same, made by the said O. O., his, &c. — the said materials to be carried to the said leased premises at the expense of the said O.O., his, &c. ( Covenant Jhrauiet enjoyment.) -c. •;.f . Ill I HBhl' 9b«r ^ ' ; ! H^ mM tl ? 1 ! ? ; f ■n ^1 •t I'' 1 hk 1 f; '•r- ■?1. ■^<-rn«s'Vt.-l'' s« d.- IMMIGRATION. The information embraced in the succeeding pages is copied from the Royal Gazette. By the Immigrant and the friend of imrai- , gration it will, no doubt, be found exceedingly useful for fre- quent reference ; for this reason the author does not deem it necessary to apologise for presenting it in a more permanent form, than is afforded by the columns of a newspaper. THE information contained in the following columns has been compiled from the answers received from the several Counties in New Brunswick to questions proposed by the Com- missioners of Colonial Land and Emigration in London. Emigration Societies having since been formed at Fredericton and Saint John, and others being in progress of formation throughout the Province, it has been been considered that the publication of these details would as. ist their views, by diffusing authentic information for the guidance of persons who may be de- sirous of emigrating from Europe. It being in contemplation to promote the formation of new Settlements, in favorable situations, surveys of extensive tracts of Land, carefully selected, are in pro- gress, of v/hich due notice will be given ; and it is hoped that persons possessing capital will be thus encouraged to unite their resources, in joint undertakings, by which they would derive the advantage of mutual support and co-operation, and be able, at an early period, to benefit from the public contributions in aid of the establishment of Schools and Bye Roads. 63 Besides the ready employment which ofiers to labouring Emi- gvisnts on iheir first arrival, both in town and country, the Public Works in progress will constitute a further resource to them, un- til possessed of the means of effecting a settlement on land. These works consist in the opening and improving of Roads and the construction of Bridges, for which largo appropriations have been made. The salubrity of the climate of New Brunswick, situated be- tween the Latitudes of 44 and 48 degrees North, is well esta- blished, as Mrell as its congeniality to the northern European. Among its natural advantages may be enumerated the valuable supply of Timber in its Forests, and the existence uf extensive formations of Coal, Iron, and other Minerals. The navigation of the Rivers and their tributaries in Summer, the formation of tracks on them during Winter, and the number of good Roads that have been constructed throughout the Pro- vince, afibrd great facilities of internal communication, and which will be further improved. As it is desirable that the information published from time to time should comprehend all that would be useful as a guide to the European Emigrant, the Co'^mittees of the various local As- sociations are recommended to correspond on these subjects with the Committee of the Emigration Society in Fredericton, commu- nicating such further details as may appear to them to be im- portant. Fredericton, New Brun»wick, \at June, 1841. i FOR INFORMATION OF EMIGRANTS WITH CAPITAL, IN- TENDING TO SETTLE ON LAND. 1. What is the smallest quantity of land which can be bought of the Government in the Colony 1 Fifty ftr-Kjs ; smaller tracts may be purchased, but the cost of such wou.a be the same as for fifly acres, the expence of the Grant to Government being alike in both cases. 2. What is the upset price ? and, if this varies, what is the average % Generally 3s. Currency — (28. Sd. Sterling,) but varies accord- ing to situation, &c. 3. What is the average price actually fetched by ordinary country lands 1 From fis. to 10s. Currency— (4s. 6d. to 9s. Sterling,) for un- cleared land near Settlements, according to situation, value, &;c. 64 1 It:;; m ' 1^.1 irSI l'»t i 4. What is the average price of land partially cleared atid fenced/ ' ' This also depends upon situation and quality, varying from 10s. to £10 Currency — (9s. to ^9 Sterling,) per acre. 5. Is it easy, and not expensive, to ascertain the validity of titles to private lands ? Very easy and not expensive, as there are Register Offices in every County. 6. What 1s the cost per acre of clearing waste lands ready for the drag or harrow ? Average £3 to £4 Currency, (£2 Hs. to £3 12s. Sterling,) for cutting and clearing off the trees, leaving the stumps standing. 7. What kind of lands cost most in clearing ? Swampy Lands. 8. Can a capitalist, on arrival, immediately see, by lists and charts in the office of the Crown Land Commissioner, or the Sur- veyor General, what lands already surveyed are open to sale ? Yes— on application at the Crown Land Office in Fredericton. 9. If the lands applied for be not surveyed, can they be occu- pied first, and surveyed after ? No, but reserved lands will bo prepared for Emigrants. 10. Will the survey be commenced as soon as the land h a])- plied for ? Immediately on application. 11. How long after having chosen a lot amongst lands already surveyed, is a purchaser liable to be detained, before he can effect his purchase, and obtain possession of the land. From a week to a month. Measures are in progress to obviate this delay to the purchaser by surveying and laying out locations in favorable situations. 12. Are there any rights in the land reserved to the Crown 1 Coal and precious Metals. 13. Are there established charges upon the land 1 None except the charges for surveying the land. 14. Should the settler take out all his property in money ? or would it be better to invest as much as he can spare in farming stock, &c., before leaving this country 1 Either fritj^h Gold and Silver or Spanish Dollars. Farming Stock can bt, purchased in the Province. 15. Is the great proportion of cleared land under tillage t Not easy to be determined. In many situations the greater portion is appropriated to the growing of Hay. IG. Are there parts in which grazing is chiefly used ; and, if so, name the districts, and the advantages for that pursuit '? None where giazing is exclusively pursued; after the Hay Harvest the cattle are turned upon the Meadow Lands. 17, What are the comparative gains of grazing and tillage f se* i 31- 'S if Cannot be stated, no compariiion having been maJe. 18. What is the usual mode of letting? and, if by leasee, stale the conditions, and for what terras of years ? n .,." '■■< By lease for short terms, from three to five years, sometimes for money rent, but generally upon shares of half the produce. 19. What is the rate of profit on farming operations generally ? No settled rate of profit. Farmers who perform the labor by their own families obtain a liberal profit, b' ' ' they hire labor the profit is small. 20. Are failures of crops common ? Not more common than in other Countries. 21. What is the rate of interest for money lent on mortgage ? Six per cent, is the legal interest. 22. What is the expence of erecting a suitable house for a small farmer % and also of a barn, and stables for three horses 1 A comfortable frame-house, from £150 to £200, Currency — (^6135 to £180, Sterling)— a frame barn, from <^30 to de50 Cur- rency — (d£f 7 to £45 Sterling). 23. What are the usual rates of money wages to labourers, by the year, and by the month, or by the day. Average, about £24, Currency — (21 12s. Sterling,) per annum, 40s. Currency — (3Cs. Sterling.) per month, with board. Day la- bourers, 3s. Currency — (2s. 8d. Sterling,) per day, without board, but in i.irvest, 4s. Currency — (38. 7d. Sterling). 24. Are there are any laws peculiar to the Colony, regulating contracts between masters and servants ] None peculiar. Similar to the Laws of England. 25. What is the ordinary price of articles named in the annexed table ? See Table. (Annexed.) 26. Are there places of education for the children of the mid- dle classes. There are numerous Elementary Schools in every Parish, and also a Grammar School in each County, towards the support of which the Legislature contributes liberally, and there is also a weU endowed College at Fredericton, where a liberal education may be obtained at moderate expence. 27. What is the (. ist of the passage to any of the Ports in New Brunswick ? Saint John, (New Brunswick) Miramich; „ .d Saint Andrew's, are ports to which considerable numbers of Emigrants annually resort, there being great facilities from the number of ves? 'is re- turning to the Provir.'^e which arc employed in the export of tim- ber to Europe. Average cost of the passage .^3 to .£6 Currency — (^62 14s, to d£5 Sterling.) Many Emigrants to the United States come out in ships bound to Saint John and Saint Andrew's, and it may be hoped that when the advantages of a settlement iu € !i3' KA-'itf^MMW^V 66 this Province are more generally known and appreciated, that many of them will be encouraged to remain. 28. Is it desirable to tako out furniture, clothes, boyond those of immediate use, ironware, and sadiery of all kinJs 1 Only clothes and bedding, the other articles can be easily ol>- tained in the Province. '" I d3 o § O O o I— 1 CP .0»0©0©(MOOO©0000 ooooo » iJ fHr-tr-ntHr-l i-lrH OS ca O O O O O O O CJ (W l> CJ CJ «© 03 O Oi sO CJ iH H «rt CVJ Gvj Ol r-l r-i en • . ;£> ^o i;o ;o ?o o o o «'■ o Ci c;- c> o ooooo S5 t- ■^ ^ (M »t 00 o o o o o c :;,^ o ooooo a -^ r-l OS «fi o o o o o c o c'j «5 o o >/;. r» CO o o c>» co w a «j i?j CO <..!' >-( 1-1 1-1 > « I I I I I I ' • • ' • m c3 2 ' ' ' • • ho 5: - FOR THE INFORMATION OP EMIGRANTS OP THE LAfiOUR- INO CLASSES. •■■. ' t^.. ,^> ?. -•,;mi:- •);, li . Is it desirable for agricultural labourers to take with them any implements, either for their ordinary occupation, or for clear- incf 1 lid X and if so, what are they t Not u. the land car- riage. 27. Is beer the drink of the commoa labourer 1 and, if so, cKn it be procured all the year, and at what price 1 It is not used in the Country Districts, but may be obtained in the towns, price from Is. 6d. to 'is. Currency — (Is. 4d. to U. 9'\. Sterling,)--per gallon; the labourers generally prefer ^7 j«>«, luaiu Rum. There are Temperance Societies in the Province. 2B. Will land be granted by the employers of labour, on which to erect a dwelling, and wi lit, extent of garden allotment is visual- ly added 1 It will, if required, with ample extent of garden, but labourers generally board with tl.a farmer j those with families (except in towns) readily get land of their own on which to build. ^ ,a^ 29. What IS the expence of erecting a log hut 1 A Tenr comfortable one, from ^15 to £20 Currency, (£13 iOs. to <3£18 Sterling, but much less when the work is chiefly per- formed by the Emigrant himself. 30. Does the log hut afford sufficient protection against the weather in all seasons ? When properly buik it is extremely warm and comfortable. 31. Should loclcSf hinges, bolts, latches, du:., be taken out from England 1 Quite unnecessary. 4 *?*^ »' / >'• 32. Is there a Clergyman in each of the settled districts t Many of the settled districts are without Clergymen, but almost all are occasionally visited either by Clergymen or Dissenting Ministers. 33. Are there means of Education in the rural districts 1 Yes — several Elementary Schools in each Parish, supported by Local Contributions, aided by Grants fr"Ci ^iie Legislature. 34. Are there any Savings Banks 1 and, if so, what interest on deposits is allowed 1 There are two Savings' Banks — one at Saint John, IT 3., and another at Fredericton. Interest <£5 per cent.— ll deposits in- vested in public securities. , > ,,; 35. Are there any Hospitals or Infirrrares ? There are Air -md Work Houses for the Poor in the Coun- ties of St. John, /ork, St. Andrew's and Northumberland, and Overseers of tho Poor in every Town and Parish — also a Peniten- tiary and Lunatic Asylum at Saint John, — Marine Hospitals for the reception of Bailors, and ostabiishmonta of ^ardd of Health at the chief Sen Ports. . 36. Are there any Benefit Societies 1 None at present — but the national ones of St. George, St. An- drew, and St. Patrick, which expressly aflford relief to iCntigrant Settlers. j^ ^ . 37. Is there any Fund for the relief of the Destitute 1 Tliore is a rate raised in each Parish for relief of the Poor, and a Fund derived from the payment of 5s. Currency — (48. Gd. Ster- ling.) of each Emigrant on arriving, to be applied to relieve them and assist thorn in removing to their locations. — There are also funds raised with these objects by the several Emigration Socie- ties which are formed and forming, assisted by Legislative Grants. .« ^ • . , i,T. z •>: *i' A' -T V f: V' Ir' l\ •V. I. ■X cj 'J -■! 11 ■> iC. •..>■■ t' k ■..? "- <}' ^ tn >llpM|fi1»»ia f l '^%i «j «it 3 ^w '^w ^j ^O ^3 ^O '^3 (O (M ^ A CW CO to n qq qo 3 en (N O 3 M *) to as cp «^ b. IC ^ t»- -^ ■^ TJ '^ "9 t- «o t* M OQ flO VB tf} (N eo -^i CO QD 0) o W 1^ m o> CO 00 CO o en o m 00 CO r-t t* ♦- 0> «3 M «• «ij CO -^ O ^ Oi 2 0) pq m TS J *« s 1 1 • 1 • • e o a •»« o •-9 K s. • e BUS « rt\ ^< ^ Qj a e a 2 0) .V cd >> oi v 2 a J2 •» S s« ->-' Ss Si-M S S^ o r/«^« I* 3 o n « en t» lO CO •-3 -^ O CO <£>$ Oi 'A «) en o> r^ t^ m i-H CO a bO cd u ^,J^ S ® C fc B-; S Ou«J^ « a 5 -.2.2 s c^ 2 t- 2 a' a ± s „ ^ ^ „ O M k4 to (9 k ?^ §:5 2 1 ;l &'■* ►T .V _a I • k n n i:^'' t ,-V' 1. 1! m « ao n "* CO »0 ^ ""tft ^ -73 on 32 t3 to ^ at w en 2 S S3 ^ «3 «S 5 en <0 CO 00 f ^'^ B^B •v r3 CM m CO CO ■*** CO w I! CO CO o o OS o m o o m no 00 00 as w •, " ° * o t^ 'W "73 "TS ** 'O Oi 03 0> gj C4 r> to cc wj t* CO S< CO ;d < (M t». ( J' r r O (S rH 1-4 CO o o 2 m a a ^ 1-^ "^ "o "^ 2 •ri to CO w O CO ^ t* !>■ f- CO GO 4( lOf^ >. /t ^*p .f'b .<»ji mtrj .Uf IV'' ( .'ifi»cH .if) .1.1) i\^-'¥i\ >o *H o ~ to " *3 .fih ,.»( r32 i ■?',.!?* ' :r,;,< sft.'M :;i,l.j 1. •«0' • -^^ K>', ,f.'-/,l' . ■^:a ,f\ ►> ■r,yn . ; A't>'i»/ •" ..v»tM .•.iM '•■ 4 ■a i«^i.--i fO^ .Jla^'^ ■ ''•' r^jy ,^.-fVi '',■ \ f - - .. - f'pP^ ./ .1. . ' ( '.-rl i!, ■.. - ;' /•'■ .' •.-■oH t , ^ .ni-U ;:« < l j )> ii r iJ [ ailitwi* ( hiffoffhc Prnnn'.c of New Br>(n'^mbly sheweth, Tliat he is a British subject, and that he is desirous of pur- chasing acres of Land, sitiiate as follows : — (as in for hi A., so far as the same /< apflicahh.) * 79 All apjilicatio'is from S^uattera nn'st a/PAoiii a full statement of the improvemeiUs they hiivo mad-j, the ti»ie they have httn located on tho land applied for, and the other circurrtstances upon which they found their cluim, H//d such aj'-plicfitioria rrmaf beve;i- fied by the aiiidavit of the ^8,rt^ 9i|>plyiug, accompanJpd by a cer- tificate from some neighbo!irit paid within tho pr'»scribed time, the deposit is forfeited, and the land b .come* vacant, and is again open for purchase. Half-pay Officers of the Army or Navy of the L'liitf'l Kingdom, who may be desirous of obtaining land in this Province, for the purpose of actual spttiomeiit, are allovM-'d ii rcMiisfiiuii of the puj- vhw-.p ntmiey or part theieof, afcordiiig !m (Jiq fiillnw iiiij; gracjiiatod 80 ^5 scale, on the production of testimoiiiuls of unexceptionable elm- racter from the General Commanding in Cliief, or from the Lords of the Admiralty. Field Officers of the Army of 25 years' service in the whole, and upwards, Field Officers of the Army of 20 years' service in the whole, and upwards. Field Officers in the Army of 15 years' service in the whole, or less, Captains in the Army of 20 years' service in the whole, and upwards, Captains in tiio Army of 15 years' service in the whole, or less, Subalterns in tha Army of 20 years' service in the wholo, and upwards, Subalter,!; in the Army of 7 years' service in tht' , ole, or less, £300 ^6250 £200 de200 £150 oei50 £100 And Officers of I-lc/ Majesty's Navy, of the corresponding ranks and terms of service, in the like propot tion ; but no remission of purchase money is made lo any Ufliceis of the Civil Departments of the Army or Navy ; and no free grants of land are now made by the Government to discharged non-commissioned Officers, or private soldiers. LICENCE TO CUT TIMBER or LUMBER. Timber Petition, B. To His Excellency Lieutenant Colonel Sir William M'Bean George Colehrooke, K. II., Lieutenant Governor and Commander in Chief of the Province of New Brunswick, Sfc., Sfc., Sfc. The Petition of of the Parish of and County of humbly sheweth, That he is a British subject, and prays for a licence to cut and carry away from vacant Crown Lands, situated as follows : — (2Hirticularhj describe the location.) 81 The mark he intendii using to distinguish the Timber now ap- plied for is and he pledges himself to conform to the regulations to be observed by persons obtaining licence for Timber or Lumber. And as in duty bound will ever pray. (Date) (PctUlonrr''t name. The rates of duty arc as follows : — ^^.juare Red Pine Timber, Sq. While and Sapling Red Pino, 23. 6d. per ton. 2s. Od. do. Sq. Birch, Spruce, and Hemlock, Is. 6d. do. Pino and Spruce logs, Ss. 6d. per 1000 superficial feet. And for all other descriptions of wood, the sum of Ten Pounds upon every One Hundred Pounds of the estimated Value. The sum of 45s. must be paid as a deposit on all applications for licence to cut Timber or Lumber, at the time of entering t' j Petition. This deposit will be credited as part of the tonnage, when the Petition is complied with, but if refused, the deposit will then be returned. In all cases where the tonnage is not paid within 60 days after notice in the Royal Gazette, the deposit is forfeited, and the berth again becomes vacant. When the berth is vacant, it is invariably licenced to the first applicant, and where two or more persons apply on the same day, the berth is offered at auction, for competition between them only. Applications for licence should in all cases be made as early in the season as possible, and should particularly describe the situa- tion applied for. The Licences take date from the Ist day of May in each year, and expire on the 1st day of May following, unless renewed be- fore that date, which is optional with the licencee. Where an excess is cut over the quantity licenced, timely application must be made therefor, at the Crown Land Office, in the manner above described, as soon as possible in the latter part of the winter ; for if such excess be found by the Inspecting Offi- cer before it is secured by the proper application, it is liable to seizure, and to pay double duty. All Timber or Lumber cut on Crown Lands must have tho mark described in the Licence, otherwise it is liable to seizure. Surveys of Timber berths, when necessary, must be made at the expenco of the party interested. Wlien trespass is made upon a licencee by unauthorised per- V) MS k ( S2 sons, compbitit should immediately be made to the Crown Lniul Office,* when the Deputy Surveyor of the District will be direct- ed to seize the timber or lumber so made, and the injured party should then apply for reparation, by petition, through the Crown l^and Office, to His Excellency, the Lieutenant Governor. * See Kerr vs. Connell, Bcrton'8 T»cp. p, 5l.—fited anlc p. 2.1. It CUSTOM-HOUSE FORMS OF ENTRY. Cojyy of 21st Sec. of the Act M ^ \th Wm. ith, Ch. 59. And be it further enacted, that the person entering any such Goods shall deliver to the Collector or Controller, or other proper Officer, a Bill of the Ent' y thereof, fairly writtea in words at length, containing the lame of the Exporter or Importer, and of the Ship, and of the x"^ aster, and of thj place to or from which bound, and of the place within the Port where the Goods are to be laden or unladen, and the particulars of the quality and quan- tity of the Goods, and the Packages containing the same, and the Marks and Numbers on the Packages, and setting foi-th whether such Goods be the produce of the Britisk Possessions in America or not ; and such person shall at the same time pay down all Du- ties due upon the Goods ; and the Collector and Controller, or other proper Officer, shall thereupon grant their Warrant for th« lading or unlading of such Goods. CopyofXUli Sec. of the Act 6th if 7 th Wm. Uh, Ch. 60. And whereas, by the said last mentioned Act, the p i "on enter- ing any Goods is required to deliver to the Collector and Con- troller, or other proper Officer, a Bill of the Entry thereof, con- taining the several particulars set forth in the said Act ; be it enacted, that such person shall also deliver at the same time one or more duplicates of such Bill, in which all sums and numbers may be expressed in figures, — and the particulars to " /e contained in such Bill of Entry shall be written and arranged in such form and manner, and the numbei of such duplicates shall be such a» the Collector and Controller shall require. t^ " a -5* a on '2 1-4 a g O P cd 2 S I i s ha (O to » o N O 02 ^ p o O 3 52S| I rcp-S .^ ^-s -«**« o w « 2 ® '^^ P «3 {S 3 S t- 0) >o .2: P «;ii bo to ^h:^ .J3 4) be-. 0) --" ><'P >?.S .2W CM C t cd ;=; 5P « ea •rSO U 43 « .|WS>c^«-| 3 a « rt -S EjCf oJ 05 o -^ a Sj g MhW' O ij rj 3 ^ s o o o r-t (N »-• O W «« «f^ w ^ cq 4 «> ->* CO m ^^ K O OCZJ cd 0( e ■5 p H o CO ^ SI ^ 1 R ^ a CO I ^.1 O «0 00 pH CO 'I" G f -^ n ^ — O cd A} C3 c i3 ' m cq m I ^^.^> IMAGE EVALUATION TEST TARGET (MT-S) j.U |£° *■■ I.I •" iiA ii_ u Hii M 12.0 11.25 i 1.4 12.2 m 1.6 V Photographic Sciences Corporation 23 WEST MAIN STREET WEBSTER, N.Y. 14580 (716) 872-4503 ? ^f /■- ; -;i\, :< 1 " / '■ ■ ■' "?■' ^.;'v-'-'^.^j. . •■^■;;' %'. *:s-:. ..IV:.,v-'?lis ;::>-,,/'•;;;■ ^-r-. :■■ ■■ '".'^-^ "■ ■M' : -■ ^ ,;--'k..*:-' '■'! ■■- "*' ri ' 'P -: " ^^ *- ,m-";.. :V ,^S' ;.■■ if-.:, ;..-_ 1 - -. ■ - I, :';.;if ■ .>#-';;;J;j: , ;-.---/-/^:^ ■■■'•■"'^'-•'Ip-" ■ • '--; ffe- ■>-.# v'^: ' i/^-<^K.^:M'''^' -' ■*■ ' : ' .' •'■! 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No bill of sale is valid or effectual, for any purpose, until pro- duced to the collector and comptroller of the port where the ship is registered, or about to be registered dc novo, who are to enter in her last book of registry, in the one case, or in the book of re- gistry dc novo, after all requisites for such registry de novo have been complied with, in the other case, the name, residence, and description of the vendor and vendee, mortgagor and mortgagee, or each, if more than one; the number of snares transferred, and the date of the instrument, and of the production of it; and are (except in case of registry de novo, when a now certificate is granted,) to indorse on the ship's certificate of registry, when pro- duced to them, the aforesaid particulars in a prescribed form, and give notice thereof to the commissioners of customs, and if requir- ed, to certify, by indorsement on the bill of sale, or other instru- ment, that such entry on the book, and endorsement on the certi- ficate of registry, have taken place. When the entry in the hook of registry has been made, the bill of sale, or other instrument, becomes effectual to pass the pi'oper- ty intended to be transferred, as against all persons whatever, ex- cept against such subsequent purchasers and mortgagees who shall first procure the indorsement to be made o/» the cert^icatc of regis- try, in manner hereinafter mentioned. For where the same properly has been transfer! od more than once, the several vendees and mortgagees take priority, not accord- ing to the time of entering their respective instruments in the hook of registry, hut according to the ti?ne when the indorsement is made on the ccrtijicatc. Thus if the owner of a share fraudulently execute two different bills of sale thereof to two different persons, and both cause their couveyances to be entered in the book of legistry, but the second get into possession of the certificate, and procure the indorsement to be made on it, he, and not the first vendee, will have the legal title to the share. But it is further provided, that when any instrunieut of transfer has been entered in the book of registry, there must be a lapse of 07 thirty days, nr (If tho shiu wore absent from lior port at the time uf such entry,) thirty days from her arrival thereat, before any inatru* inent, purporting to bo a transfer of the same ship or share from tlu) same vendor or mortgaffor to any other person, con bo entered : so, if a second instrument navo been entered, a like period must elapse between its entry and that of a third : and wherever more than one have been entered, the officer is to indorse on the certiH* cate the particulars of that one under which the ncrson claims, whoshall produce the certificate fur that purpose wltnin thirty days after the entry of his instrument in the book, or of the ship's return to port, if she were absent at the time of such entry : and if no per- son produce the certificate within such time, then the officer is to indorse the particulars of that person's instrument who shall first produce the certiBcate for that purpose. It is however provided, that if the certificate be lost, mislaid, or detained, on proof of this by a vendee or mortgagee, time may bo granted either for its re- covery or for registry de noro, during which additional time no other transfer can bo ontered in the book of registry. Thus it appears, that in case of successive sales of ^hc same ])roporty by the same person, each of the rival vendees has thirty days from the entry of his instrument, or next subsequent return of the ship to port, during which no one but himself can obtain a perfect title. But if he let that space of time go by, he will be in danger of having his claim defeated by an indorsement of the par- ticulars of some other vendee's instrument on the certificate, un- less Indeed further time have been granted to him, in the manner above pointed out. To put an example. Suppo.^e the owner of a share in a ship at sea fraudulently executes one bill of sale tu A. and another to B ; A causes bis bill of sale to be entered in the book of registry at the ship's port : his title is now perfect against the vendor, and against every one else except B; anil B himself ccinnot procure his bill of sale to be even entered in the book of registry, the time not having elapsed, which is given, as we have shown, to A exclu- sively. The ship returns to port, say on the 1st of October ; A allows that month to elapse without taking any step : on the 31st of October A's thirty days expire ; and on the first of November B procures his instrument to ue entered in the book of registry, but neglects to adopt any further measure to secure his purchase. A now obtains the certificate of registry from the master of the ship, but cannot perfect his title, by having the particulars o{ his hill of sale indorsed on it, until the 2nd or December shall have arrived, the law appropnating the intermediate days to the use of B. On the 2nd of December, however, A produces the certificate to the collector and comptroller at the ship's port, has the indorse- ment made, and his title then becomes perfect against all the world. — Smith's Cojnp, Merc. Laic, i I '1. ^' -i 4 i ! ' 08 BOTTOMRY AND RESPONDENTIA. RoTTOMnv is an agreement entered into by the owner of a sliip, or his agent, whereby, in consideration of a sum of money advanced for the use of the ship, the borrower undertakes to repay the same with interest, if the ship terminate her voyage success- fully, and binds or hypothecates the ship for the performance of his contract. The instrument by which this is effected, is some- times in the shape of a deed poll, and is then called a Bottomry Bill; sometimes in that of a bond ; but whatever be its form, the contract should be clearly set out in it. Bills of Exchange drawn by the master, or the owner, though accompanied with a verbal engagement, that the ship shall be liable, cannot be considered instruments of hypothecation. If the loan be not upon the vessel, but on the goods or mer- chandize laden on board her, it is called Respondentia. There are two main differences between these contracts and a common loan. 1st. The llis/c. — The lender's principal must be at hazard dur- ing the voyage. The lender of the money is, as we shall imme- diately see, entitled to receive a recompense far beyond the legal rate of interest ; this recompense is very properly called in the civil \b.w, pericuUprettvm, and no person can be entitled to it who does not take upon himself the perils of the voyage ; but it is not necessary that his doing so should be declared expressly, and in terms, though this is often done; it is sufficient that the fact can be collected from the language of the instrument, considered in all its parts. Hence, where the words were, " I bind myself, my ship, and tackle, to pay the sum borrowed, with twelve per cent, bot- tomry premium, in eight days after my arrival at the port of Lon- don," I y, ^__,.. ^ cfy i\ Jj,j)_ J^ V / I..' « ..; At»PllENTICES INDENTURES ;n>i FOR THB SEA. ' THIS INDENTURE, made &c. between A. B. of &c. and C. D. his son, of the one part, and E. F. master of the ship or vessel called the G. in the West India trade, of the burthen of — tons, or thereabouts, now lying in the harbour of Saint John, of the other part, Witnesseth, That the said C. D. hath, by and with the consent of the said A. B. his father, testified by his being a party to and signing and sealing these presents, and also of his own free and voluntary will, placed and bound himself appren- tice unto the said E. F. to learn, attain, and acquire the art, skill, lorj exC' •i i) and lip or )f — in, of with ling a k hi3 )ren- rskill, and perfect knowledge of navigating, managing and working of a ship and vessel, and every thing thereunto belonging, which he, the said E. F., now foUoweth, and with him as an apprentice to abide and continue, as well when on shore as on board such ship or vessel he the said £. F. shall at any time be master or com' mander of, or any ways interested in, from the day of the date hereof until the said C. D. shall attain the full agu of twenty-one years, he the said C. D. being now the age of years, and from thence next ensuing, and fully to be complete and ended ; and during all which tenn of years the said apprentice shall and will faithfully and diligently to the utmost of his povver and skill serve his said roaster, hi.s secrets keep, his lawful commands eve- ry where and in all things gladly do and obey. Hurt or damage to his said master he shall not do, or willingly suffer it to be done by others, but the same to the utmost of his power prevent, and shall immediately thereof give notice to his said master. Cards or any other games he shall not play, taverns or alehouses he shall not frequent : And also, that he the said apprentice shall not quit or absent himself from his said master or ship day or night without his consent, or embezzle, waste, clandestinely or otherwise dispose, deliver, lend or alienate any goods, wares, merchandizes, matters or things anyways belonging to his said master, passengers or ship, or any cargo thereof, without the spe- cial order and approbation of his said master, but shall and will in every respect demean and behave himself towards his said mas* ter, officers and passengers, as a good and faithful apprentice. And the said E. F. doth covenant, promise and agree, that he the said E. F. shall and will faithfully and to the best of his skill, ex- perience and abilities, teach and instruct, or cause to be taught and instructed, his said apprentice in all and every the art, skill, and knowledge of navigating, managing, steering or directing of a ship or vessel in all seas, bays, rivers, channels, creeks, harbours and waters, and in all and every thing thereunto necessary and requisite ; and shall and will find and provide unto and his said apprentice good and sufficient meat, drink, washing, and wearing apparel, both woollen and linen, and all other necessaries, during the said terra : And for the true performance of all and every the covenants and agreements either of the said parties bindeth him- self unto the other by these presents. In witness, &c. Sealed and delivered \ in presence of J ( To he acknoivlcdgcil before a Justice of the Peace.) A. B. L. S. C. D. L. S. E. F. L. S. 106 An Indenture Jbr the Sea of a Common Sailor to urvcin suck SJiipit as the Master shall ajtjxnnt. Tills Indenture Wilnesseth, That A. sou of B. of &c. (loth bind liimself apprentice unto C. of &c. after the manner of an appren- tice to servo him the said C. and such other person or persons in the navigation of any ship or vessel as the said C. shall order and appoint, from the day of the date hereof, for the full term of years, and fully to be complete and ended ; during all which said term the said apprentice shall and will faithfully serve the said C. and do and perform all such service and business; as well at sea on board any ships or vessels which shall belong or be erojiloyed in the service of the said C. and with and under such person or persons as he shall from time to time order appoint, or otherwise, ns the occasii^ns of the said C. shall require, and shall and will obey all the lawful commands of his said master, and such other person or peraons with whom he shall from time to time order and appoint him to serve and go in such ship or vessel, and dili- gently and carefully demean and behave himself towards him and them. He shall not do, or willingly suffer to be done by othets, any hurt, prejudice or damage to the goods, merchandizes or other aff'airs of his said master, or any other with whom he shall be appointed to serve as aforesaid : but the same to the utmost of bis power shall hinder and prevent, or him tind them thereof forthwith give notice. He shall not absent himself from the said service by day or night unlawfully, but in all things as a good and faithful apprentice he shall demean and behave himself to- wards bis said master, and such person or persons with whom he shall order him from time to time to serve as aforesaid during the said term. And the said master his said apprentice shall and will cause to be taught and instructed in the art or business of a sailor, as far as shall be necessary to the voyages wherein he shall be employed • And also shall and will find and provide unto and for his said apprentice meet and sufficient meat, drink, v/ashing, and wearing apparel, both woollen and linen, and all other necessa- ries during the said term. And for the true peiformance, &c. In witness, &c. ( To conclude and be acknowledged as in the preced- ing case.) A Discharge of an Apprentice from, his Indentures. To all to whom these presents shall come, A. B. of &c. sends greeting. Whereas C. D. son of E.D.of &c. did by his indenture »'if apprenticeship, bearing date on or about the - — ■■■ day of — — , 107 put himself apprentice unto the said A. B. for the term of seven years, as by tho said indenture, reference being thereunto had, may more fully and at large appear. And whereas the said A. B. at the request of the said E. D. the father, and the said C. D. the apprentice, testified by their being parties to and sealing and de- livering of these presents, hath discharged the said C. D. from his service ; and the said indentures are delivered up by the said parties to bo cancelled. Now therefore know ye. That the said A. B. hath remised, released, and for ever discharged, and by these presents doth, for himself, his executors and administrators, remise, release, and for ever discharge the said C. D. ef and from the said indenture of apprenticeship, and all service and other matters and things in the said indentures contained, on his part to be performed, and of and from all actions and causes of actions, suits, specialties, covenants, agreements, clauses and demands whatsoever, for or concerning the said indenture of apprentice- ship, or by reason of any other matter or thing whatsoever, from the beginning of the world to the day of the date hereof. In witness, &c. (conclude as in p. 104.) 1 '- '-, *? ■* •' , " ■ ' ' ' ' ^^^ i', •» . (, • ' ' .1 •. - . ^. ' ■;*'-'" .ij^p.! -,■' : • .'" V r 1' , ■ ,.j^ - i ; ■ . «-. ,.: •,. , , f>.^\.-^^:-- ■ ~ . 1'» , - '.. 1 II \' '■■ -v■^^ ■ . ■ . . * ■ ' -■■/!:". ■■'•- ■ ■: '• -'^i. " .,'■'■ . •■ : I* - .-■ M ', ' \ u,, i'. :'-•.'. t .« '-- . .>* ' ■ .•*■.•■ '■ ! ; .•-:i"!'-»li! ,■ ■ ••■ ;'-' V" ' '' '. ' ' il ^* . :■ <(. • . .-r ■ AMEllICAN CONSULATE. For the following information the author is indebted to Tho9. Learitt, Esq., Consul of the United States of America, for thv ^ort of Saint John, N. B. Goods without Invoice. When no Invoice has been received of any goods, wares, or merchandise, imported into the United States and subject to ad valorem duty, the owner, importer, consignee or agent may make oath of the fact, and if in the collector's judgment circumstances render it expedient, such goods, wares or merchandise may be admitted to an entry, on an appraisement thereof; provided, the owner, importer, consignee or agent, do, previous to such entry, give bond to produce to the collector an invoice of the same with- in eight months from the time of entry, if imported from any place this side, and within eighteen months, if irom any port or place beyond the Cape of Good Hope or Cape Horn, or from the Cape of Good Hope, and to pay any amount of duty to which it may appear, by such invoice, the said goods are subject, over and above the amount of duties estimated un the said appraisement. ■j: ■- ' t Goods belonging to absent Persons. No merchandise, subject to ad valorem duty, and belonging to a person or person residing in the United States, but who shall, at the time, be absent from the place where the same are intend- ed t() be entered, shall be admitted to entry, unless the importer, consignee or agent shall previously give bond, with sufficient sure- ty, to produce within four moiUhs, to the collector of the port 109 where llie said ffoods may be, the inyoico of the same, duly verified by the oath of the owner, or one of the owners : which oath must be udminiatered by a collector of the United States, if there be one, otherwise by some public officer duly authorised to adminis- ter oaths. No merchandise, subject to ad valorem duty, and belonging to a person or persons not residing at the time in the United States, and who may have actually purchased the same, shall be admitted to entry, unless the invoice be vorffied by the oath of the owner, or one of the owners, certifying that the said merchandise was ac- tually purchased for his account, or for account of himself and partners in the said purchab i ; that the invoice annexed thereto contains a true and faithful account of the actual costs thereof and of all charges thereon, and that no discounts, bounties or draw- backs, are contained in the said invoice but such as have been actually allowed on the same ; this oath should be administered by a consul or commercial agent of the United States, or by some public officer duly authorised in the country whero the said mer- chandise shall have been purchased, [see Form A. p. Ulil and the same duly certified by tne said consul, agent or public officer ; in the lattor case such certificate should be authenticated by a con- sul or commercial agent of the United States. [See Form B. p. 11!^.] But if tliere be no such consul or agent in the country from which the said ^oods shall have been imported, the authentication required may be executed by a consul of a nation at the time in amity with the United States, if there be such residing there ; if not, tlie said authentication may be made by two respectable mer- chants, if any such thor& be, residing in the place. Goods belonging to non-resident citizens and foreigners. No merchandise, subject to ad valorem duty, imported into tho United States, and belonging to a person or persons not residing at the time in the United States, who may not have acquired the same in the ordinary mode of bargain and sale, or belonging to a person or persons who may be the manufacturer or manufacturers, in whole or in part, of the same, shall be admitted to entry, unless the invoice thereof be verified by the oath of the owner or own- ers, certifying that the invoice contains a true account of the said goods, at their fair market value at the time and place, when and where the same were procured or manufactured, as the case may be, and of all charges thereon ; and that the said invoice contains no discounts, bounties or drawbacks, but such as have been actu- ally allowed ; which uath shall be administered as before directed. 110 '^^'ooda belonging to estates qf deceased persons, ^v. In all cases where mercljaTidi o subject to an ad valorem duty, shall beloiiu^ to the estates of deceased persons, or persons insol- vent, who shall assign the same fur benefit of creditors, the oatlm ro(^uired may bo administered to the executor, administrator, or nssignces. Invoices not verified. In all cases whore merchandise, subject to an ad valorem duty, and belonging to persons not residing in the United States, shall not be accompanied by an invoice, verified by oath and authont < cated as before prescribed ; or, where it shall not be practicuulb to make such oath or verification, or there shall bo an unuiatorial informality in tho oath or authentication so required ; or if the collector of the port, where such goods may be, shall have certi- fied his opinion to the Secretary of the Treasury that no fraud was intended in the invoice of said goods, the Secretary of tlio Treasury is authorized, if he shall deem it expedient, to admit such goods to entry. But the owner, consignee, or agent must enter into bond with sufHcient surety, previous to such entry, to produce the invoice, if pract" cable, duly verified, within the time prescribed in cases whero no invoice has been received. And if the Secretary of the Treasury shall refuse an entry of such mer- chandise, the same shall be deemed suspected, and shall be liable to the same penalties as are provided in the case of fraudulent invoices. Merchandise owned jointly. In all cases where merchandise, subject to . ad valorem duty, shall belong partly to persons residing in the Cniti-; 1 States, an'' partly to persons residing out of the United oinL'^s, ii , oath of ^.u owner residing in the United States shall be suiiicient to entitle the same to an entry. But in all instances where said merchandise shall have been manufactured, in whole or in part, by any one of owners residing out of the United States, the same may not ht. vlm'tted to entry, unless the invoice shall have been duly veri- ii jd "id auU onticated by such manufacturer as before prescribed. Ill When the iHt/ (kulitfit q/'iiHi/ mcnhandUc ttrv unknuicn. In lieu of the oiilry i»ofi)ro directo<1 to be tnuile, an entry there- of ithould be inudc ucuonliiij.', '•> thu circumstHnceti <>f tlie cane ; the party declaring, upuii oath, ull thul he. knnw» or Ixjlicven conceni- iiig the said rnerchandit*o. This entry must l^>o subscribed by the person making it, in his i .vn proper name, ii ^vvnor, olhurwise, ua agent or lactor fur the owner ur consignee. Port op S.\int John, New Brunswick, Form A* •7b wit. I« of S. iiit John, in the Piovince of New Brunswick, Merchant, do soomidy, sinceiely, and truly Swear, that 1 am doing business ut iSriiit John, afore- said, ail 1 that the true and lawful owner of certain Qoous, W ^hks and Mkr- ciiANDiZB, as specified in the invoice subscribed by my proper signature, amounting to and here produced to THOMAS LEAVITT, Consd of the Unit- ed States of America at the Port of Saint John, aforesaid, and were shipped at Saint John the day of on board the for in the United States of America, and the said invoice hereunto annexed contains a true and faithful account of the said (roods, Wares, or Merchandize, at their fair market value at tiie time and place when and where the same were shipped, and of hU charges thereon, and that the said invoice contains no Discouuls, Boun- ties, or Drawbacks, but such as liavu actually been all( wed. Sworn hefore mc, the day of 181 N. B. Wheii this affidavit is made in a Port where theie ia only a Consular Agent, it is sworn before a Justice of the Peace, in presence of the Agent, whose Certificate is as in Form C. p. 112. p 112 Form B. CONSULATE of the United States of America, S.VINT John, New Brunswick. I, THOMAS LEAVITT, Consul of tlie United States of Ame- rica, for the Port of Saint John, in the Province of New Bruns- wick, do Certify and make known to whom these presents shall come, that the preceding affidavit made by is deserving of full faith and credit, and that the deponent is of respectable character, qualified to verify this invoice. In Testimony Whereof, I have heieunto subscribed my name, and affixed the Seal of this Con- sulate, at the Port of Saint John, {L. S.J this day of one thousand eight hundred and and in the year of the In- dependence of the United States of America. j IN- FORM c CONSULAR AGENT'S CERTIFICATE. I, THOMAS B. WILSON, Agent of THOMAS LEAVITT, Consul of the United States of America, for the Port of Saint John, in the Province of New Brunswick, and for all other Ports that may be nearer to Saint John than the residence of any other Consul, and hy him authorised to authenticate at Saint Andrew's, verified In voices Jor that place and its vicinittj, do certify and tnalce known to whom these j^resents shall cotne, tJiat A, B. before lohom the affidavit of C. D. hath been made, is a Justice of the Peace, duly authorised to admimster oaths, that the drponent is of respectable character, qualified to verify this invoice, and that the oath ivas ad- ministered in the presence of Given from under my Hand and Seal of the aforesaid Consulate, [L. S,] at Saint Andrew's, the day of and Year one thousand eight hundred and f« I' LUMBER CONTRACTS. (TPor a short Form, and legal constructhn of same, tee ante p. 24 J MemoraiKlum of Agreement made this day of , A. D. 184 — , between A. B. of Newcastle, in tlie county of Nor- thumberland, of the one part, lumberman, and C. D. of Chatham, in the same county, merchant, of the other part, witnesseth, as fol- lows, viz : Clause 1. The said A. B. doth hereby promise and agree with the said C. D., That he, the said A. B., for the considerations mentioned in clauses 2 and 3, shall and will deliver, or cause to be delivered, unto the said C. D. at Newcastle aforesaid, in the Timber Fund of , therein situated, thousand superficial feet of spruce logs, as hereinafter mentioned, viz: thousand superficial feet on or before the Ist day of May next. July next. thousand superficial feet on or before the 1st day of thousand superficial feet on or before the 1st day of August next, and the remaining thousand superficial feet on or before the 1st day of September next, at and after the rate of per thousand su- perficial feet, and in case any part of the said logs shall be deliver- ed at the place aforesaid, on or before the 1st day of November next, the same to be received and paid for at and after the rate of per thousand superficial feet ; one half the amount (due for such as are delivered on or before the first day of November next,) to be paid in cash, upon survey being made as hereinafter mentioned, and the remainder by an acceptance of the said A. B.'s order on the said C. D. at three months from date of such delivery {or completion of such survey, as the case may he.) Clause 2. The said C. D., in consideration of the premises and agreement on the part of A. B., named in clause I, agrees to furnish the said 114 A. B., at the present date, with his acceptances of two orders of the said A. B., one to be drawn for pounds, payable in three months from date, and the other for pounds, . six months from date — these acceptances to form part or the whole, as the case may be, of the cash payment of such logs as may be delivered on or before the Ist day of November next. If no logs are delivered on or before the said first day of November next, then it is understood and agreed between the parties, that the said C. D. shall be entitled to interest upon such acceptances from the time they fall due, or if such acceptances are more than suffi- cient to satisfy the cash payments, due on such logs as may be delivered as last mentioned, then interest is to be allowed on the difference between the amount due* for such cash payments, and the amount of such acceptances, and the balance of such accept- ances, with the interest thereon, is to form a part of the cash pay- ment, of such logs as may bo delivered next year, at the time be- fore mentioned. Clause 3. The said C. D. doth further promise and agree to and with the said A. B., That upon a full and complete delivery and survey of the uaid logs, as mentioned in clause 1, to bo delivered next year, that he will pay the said A. B. for the same as follows, viz: — one- third of the value thereof, at the price aforesaid, in cash, after making the deduction aforesaid, mentioned in clause 2 — one-third of the same by a promissory note payable in three months — and the remaining third by a promissory note at six months, {both of said promissory notes to hear interest.) \ Clause 4. And it is hereby agreed between both parties, that the logs hereby contracted for, shall be surveyed as follows, viz : — each party shall choose a sworn surveyor of lumber, who shall survey the same together, and should it happen that they cannot agree upon the survey, they are at liberty to choose a third surveyor, and then the determination of either two shall be final. [See the Provincial Act, regulating the survey of lumber, of 1837. j Clause 5. And it is further understood, that the expense of such survey shall be paid by the said C. D. and deducted from the cash pay- ment named and expressed in clause 3. il i( Ml lers of Ible ill 115 Clause 6. And it is further agreed between the parties, that in case the said C. D. shall make any other cash advances to the said A. B., interest shall be allowed thereupon, and the same shall be de- ducted from the amount of cash payment named in clause 3. Clause 7. And it is further agreed between the parties, that if the said C. D. shall make advances to the said A. B. of goods or provisions out of the store of the said C. D., the amount of the same shall be deducted, in equal proportions, from the two promissory notes to be given by the said C. D. as expressed in clause 3. Clause 8. And it is further agreed by and between the said parties, that in case of any disagreement between them arising out of this con- tract, the same shall be left to the deci^-sion of E. F., of , mer- chant, or in case of his death, absence, or refusal to act, then to the decision of G-. H., of , gentleman, either of whose deter- minations shall be binding. Clause 9. And it is further agreed that, upon delivery of the logs, as men- tioned in clause 1, at the timber pond therein mentioned, the same shall be then considered as a delivery to C. D., and shall vest in him the property thereof, and he shall be liable to the risk of safe keeping thereof; the quantity and value only to be deter- mined by survey, as named in clause 4. In witness whereof, both parties have hereunto put their hands, this day of , A. D. 184 In the presence of A shorter Forni. Memorandum of agreement between (as in preceding form). The said A. B. agrees, in consideration of the promise and agree- ment of the said C. D. hereinafter expressed, t(* manufacture and deliver to and for the said C. D. at , one thousand tons of white pine timber, on or before the day of next. The said C. D., in consideration of the above, agrees, on his part, to pay for the said timber on delivery, at and after the rate of P Ill 116 — shillings per ton therefor, first deducting the supplies and payments hereinafter expressed, and he hereby agrees to pay the licence and stumpage fees therefor, to advance to the extent of pounds to the said A. B. in supplies, at the following rates, when called for by the said A. B., at the store of the said C. D. in aforesaid, viz. Pork at per barrel, — Superfine Flour at per barrel, dtc, &c. And upon all cash advances made by the said C. D. he shall be allowed interest therefor. The timber to be surveyed by a sworn surveyor, to be chosen by the said C. D., and at the joint expence of the said A. B. 6c C. D. (Other clauses can he added as in the preceding case.) In witness, &c., (as in last precedent.) es and )ay the ent of rates, D. in perBne vances lerefor. )sen by CD. MORTGAGE OF LAND. A MOKTGAGE may be defined to be a debt by specialty ^ secured by a pledge of lands, of which the legal ownership is vested in the creditor, but of which, in equity, the debtor and those claiming under him remain the actual owners, until debarred by judicial sentence or their own laches. It is a secunly founded on the common law, and perfected by a judicious and wise application of the principles of redemption of the civil law. Of Mortgages of Frec7iolds. Mortgages of freeholds, in modern practice, are either in fee or fur such other interest as the mortgagor has in the lands, or by a demise for a long term of years, attended with a condition in the same deed, that if the principal and interest be paid within a given time, the lands shall be reconveyed ; or the deeds of mort- gage shall be void ; or the term shall cease and determine. If the former be the wording of the proviso, and the money be actually paid within the limited time, a reconveyance will neveitheless be necessary; but if the latter be the form, then, on payment of the money within the period mentioned in the condition, the estate of the mortgagee will ipso facto determine. If the mortgage be by term of years, a covenant is usually inserted on the part of the mortgagor, that, after default made, he, or his heirs, will at his own costs do all lawful acts for confirming the term, or, if requir- ed, for conveying the reversion in fee to such persons as the mortgagee, his executors, administrators or assigns shall direct ; for otherwise the mortgagee would on foreclosure obtain a chattel interest only, and not the fee. The benefit resulting from the mortgage being in the first instance for a term of years, and not in fee, is, that the security and debt descend together ; but if the mortgage be in fee, the land will descend to the heir as a trustee for the executor, and the debt vest in the executor, which, in case of the infancy or absence of the heir, creates inconvenience, and in a recent case in Ireland, Lord Redesdale said, he remembered a case in vvliich the Court restrained the executor of the mortga- gee from proceeding at law to compel payment of the debt on the II nil 118 bond, because the concurrence of the heir of the mortgagee in a reconveyance could not bu obtained, and the money was ordered into Court until the executor could find the heir. Of Aasignmentt of Mortgage. In equity, the mortgage debt is the principal, the land the ac- cessory. An assignment of mortgage is, therefore, in equity, a transfer of its debt with its attendant securities ; and, as the acces- sory always follows the principal, it results that when the debt is satisfied, the security is determined. ' .iv Of tke relative Estates of Mortgagor and Mortgagee, {, On the execution of the mortgage, the mortgagor becohies the equitable owner, the mortgagee the legal owner of the land ; in which respective situations they remain until the land is redeemed or foreclosed. In the interim, the land and all its profits form a security for the debt. These general principles govern the deci- sions on this branch of the law of moitgage. . , ' Of Foreclosure. Equity having determined that the mortgaged debt shall be con- sidered the principal, and the land a pledge, and, as a consequence, that the mortgagor, notwithstanding his breach of condition and the consequent forfeiture at law of his estate, shall be relievable in equity, on payment of principal, interest, and costs, and the mortgagee in possession accountable for the rents and profits, it became, on the other hand, just that the mortgagee should not be subject to a perpetual account, nor converted into a perpetual bailiff, but that, after a fair and reasonable time given to the mort- gagor to discharge the debt, he should lose his equity, or in other words, be foreclosed his right of redemption. On this principle rests the doctrine of foreclosure, and in the application of which the forbearance of equity, on behalf of the mortgagor, seems to be carried to its utmost limits, even so far as, in some instances, to work a serious detriment to the mortgagee ; for equity is ready to receive the excuses of the mortgagor, as well for the purpose of giving him time to procure the money previously to the foreclo- sure, as also for the purpose of opening the foreclosure after many years' quiet possession by the mortgagee, under an absolute de- cree of foreclosure confirmed, signed and enrolled. The usual course pursued on foreclosure is for the mortgagee to file his bill, praying that an account may be taken of principal and interest, and that the defendant may be decreed to pay the same with rosts by a short day, to be appointed by the Court, in 119 ami in default thereof, he may be foreclosed his equity of redemp- tion. On the answer coming in, the matter is referred to one of the Masters to take the account, and a decree is made for pay- ment of principal, interest, and costs, within six calendar months after the Master's report of what is due on that account, or in de- fault, the mortgagor shall stand foreclosed. After the account has been taken, the Master makes his report, and appoints a day for payment; the report is confirmed, and, on default made, the mortgagee may obtain an absolute order for foreclosing : the or- der is afterwards, signed and enrolled, and the foreclosure is com- plete, [See the diflforent Provincial enactments affecting the rights and interests of Mortgagors and Mortgagees, which will be found in the Province Laws, which are, or should be, in the possession of every Justice of the Peace in New Bninswick.] FORM OF MORTGAGE OF LAND. Know all men by these presents, that I, A. B., of , in the county of , Esquire, and my wife, for and in consi- deration of the sum of pounds of lawful money of New Brunswick, to me in hand well and truly paid, at or before the ensealing and delivering of these presents, by C. D., of ■ aforesaid, in the county. aforesaid. Esquire, the receipt whereof I do hereby acknov/ledge, have granted, bargained, and sold, and by these presents do grant, bargain, and sell unto the said C. D., his heirs and assigns, all and singular the following described premises, to wit : (here particularly describe the premises conveyed, if possible, by metes and boundaries,) and also all dower, right and title of dower, interest, property claim, and demand whatsoever, of, in, to and out of the above described premises, with the ap- purtenances. To have and to hold the above bargained and sold premises, with the appurtenances, to the said C. D., his heirs and {assigns, and to his and their only use, benefit and behoof for ever. And L, the said A. B., do, for myself, ray, and each and every of my, heirs, executors, and administrators, covenant with the said C. D., his, and each and every of his, heirs and assigns, that I am seized of the premises as a good indefeasible estate of inheritance, in fee simple, free of and from all manner of incumbrances what- soever, (rents, dues, conditions, reservations, and services, due and reserved to the Queen, only excepted) and that I have a good right, full power, and lawful authority to grant, bargain, and sell the same, in manner and form as above written. Provided always, and these presents are upon this condition, that if I, the said A. B., my certain attorney, heirs, executors, administrators or assigns, 120 sliull well and truly pay or cause to Ite paid unto the above named C. D., his exocutora, administiators or assigns, the just and full sum of , with lawful interest thereon, on or before the day of .which will be in the year of our Lord one thousand eight hundred and — — — , for, on or before the day of next, as the case may he,) according to the condition of my certain bond or obligation, bearing even date, for, according to the tenor of my certain promissory notes, as fJie case may be,) then these presents, and every claus^,' matter and thing, shall cease, deter- mine, and become utterly null and void, otherwise to remain in full force and virtue. In witness, &.c. as ante p. 48. [To be acknotclcdged a* the deed on j>. 48. J- i " i :».•*'■■ '# cHf -V • » , «J*^ ■ ^--iTl*^' ■ - ^'.' J >t V, — .. : • >".».f.' •„■''„*(*' ■•iv. W:'. «*'" ''■■ \ , '.''^■m'- ■Vi.l***'' if>;'. >;,:i^^>'''i. h '■ ■v-r-''^' -^ ■'"*>-*■ t-*' '-■•■■■ ■ > ■ . ■.■'*■'■ '- /■ ""■*■' :,-'.;^' .■ -.- /■'■>■ "" ■ J ,_j » ■ , , , >. •--..■■. ' ? ■./,,-, , ' '' .r -. „r.; :;. i'- : i.i'- V ' K^- -u;^ >y-i^/' ' ♦ ..... V '. , } ... >. U- •: -r^'rir- > r?:?;' ,'.i t«**-..v. i ^■t-hii-im.^.^'m:\ ■ t^,;- ••*^S(^ >*.*• »*-- \)^X} •^-V-*^ /■+.(•';.'■*• ..« ' ■' :*/ •,» .-^ ■ ' ■* ! - /V (,' ; "■%•>* ^ 1.. .■"•^tf:^^*-**,*^-^'^*- ks.-iffiJ'.--,^ '■ -;•■• .- , .'. ■'V- W4»? V! 'yv-.- ■ :V*4', "^ -'*» .^"(A-'-.^ ^^'«^; ■ir^>^ *y,;;. !?rt:S#^- *«■*■ , . iliiM. "■ ''ti,.?'»t«i';'^i'.i'. .;:■ ?w-- , ,',«,.•', ■"?:»/•■ \ ■ iiiiVi, M.- . .''J''' >,i arV';"V<'ri ' <.^4 ^'--h;.,.; *. •- !■ i' ■?• ! -^ \ , ; V'^' :'x -.. ■ .:■ . - v.^ -.?.' :,«.^ ;-'.-/V'' '.,».^*i.;.>. . *■ ,■•.-.-.; ■■. ijAt, • ^.Vijiici^ii- .^■^fei-.' '■■f ' > .;il Xy.-"'^- I-. iw-H •'.. . -ir V '■'-.?( 9;;.' - • . . ■(::- ::*.';^V?-^''?; "/■'' '■ -■, .:■■ *■ ' ■"■ • ■ '■'■" -•'"i" - ■ « "i'^V:- . ^■■mki''"-'''" i.* , .'^:;v-;;"to; .,j !«; Vf ■ ■> ■;. . i%M"' ^.-.A i\ •' '' i-. «•■ Sf''t . ::<:,i'- ,r:'- ■« ■. ^■■i^trv'f'i.,. t '."= ^i 'v .'., ■ - *. ■ ■■•■'', ..• :i*<'-« .-'. V»« "ifr,, -V'- •M- ..,-.. .-. ..- ^ ^ ■ -'-'^ '. ;',. ..'■.". • V\ , M v^ *, . ' ■ - ^ ' •■ 1. :■■ .! i . t V'''- -^i !'• '' . -v.v .-k-'- i * ' i' ■ • l/ «•■ ./ f'' "T ■•'?>'.«• WILLS. ■*t;#i-^'f' ■■>-^i?;^ ■,•■(_, f»r ,„■ 'V By the Act of Assembly, 1 Vic. cap. 9, which, after annulling the operation of several Acts of Parliament which have extend- ed to, or hitherto have been considered in full force and acted upon in this Province, and after repealing several Provincial enactments, declares : III. That it shall be lawful for every person to devise, be- queath, or dispose of, by his Will executed in manner hereinafler required, all real estate and all personal estate which he shall be entitled to, either at law or in equity at the time of his death, and which if not so devised, bequeathed or disposed of, would de- volve upon his heir, child, or next of kin, or upon his executor or administrator ; and that the power hereby given shall extend to estates pur autre vie, whether there shall or shall not be any spe- cial occupant thereof, and whether the same shall be a corporeal or incorporeal hereditament ; and also to all contingent, executo- ry or other future interests in any real or personal estate, whether the testator may or may not be ascertained as the person or one of the persons in whom the same respectively may become vest- ed, ana whether he may be entitled thereto under the instrument by which the same respectively were created, or under any dis- position thereof by deed or will ; and also to all rights of entry for conditions broken and other rights of entry ; and also to such of the same estates, interests and rights respectively, and other real and personal estate as the testator may be entitled to at the time of his death, notwithstanding that he may become entitled to the same subsequently to tLe execution of his Will. V. That no Will made by any person under the age of twenty- one years shall be valid. VI. That no Will made by any married woman shall be valid except such a Will as might have been made by a married woman before the passing of this Act. VII. That no Will shall be valid unless it shall be in writing and executed in manner hereinafter mentioned, (that is to say,) it shall be signed at the foot or end thereof by the testator, or by some other porson in his presence and by his direction ; and such signature shall be made or acknowledged by the testator in the 122 presence of two or more witnesses present at the same time, and such witnesses shall attest and shall uubscribe the Will in the presence of the testator, but no form of attestation shall be ne- cessary. IX. That any Soldier being in actual military service, or any Mariner or Seaman being at sea, may dispose of his personal es- tate as he might have done before the making of this Act. XI. That every Will executed in manner hereinbefore requir- ed shall be valid without any other publication thereof. XII. Will not to be void on account of incompetency of attest- ing witness. aIII. Gifts to an attesting witness to be void. XIV. Creditor attesting to be admitted as a witness. XV. Executor to be admitted as a witness. XVI. Will to be revoked by marriage. ;- > . XVII. No Will to be revoked by presumption. XVIII. No Will to be revoked but by another Will cr Codi- cil, or by a writing executed like a Will, or by destruction. XIX. No alteration in a Will shall have any effect unless exe- cuted as a Will. XX. No Will revoked to be revived otherwisfe than by re-exe- cution of a Codicil to revive it. / . ,\ '■■ ■-, ^ ^.■ XXI. A deviae not to be rendered inoperative by any subse- quent conveyance or act. XXII. A Will shall be construed to spehk from the death of the testator. XXIV. A general devise of the testator's lands shall include leasehold as well as freehold lands. XXV. A general gift shall include estates over which the testa- tor has a general power of appointment. XXVI. A devise without any words of limitation shall be con- strued to pass the fee simple. XXVII. The words diewitJiout issue, or die without leaving is- ttte, shall be constructed to mean die tmthout issue living at the death. XXVIII. No devise to trustees or executors, except for a term, shall pass a chattel interest. XXIX. Trustees under an unlimited devise, where the tiust may endure beyond the life of a person beneficially entitled for life, to take the fee. XXX. Devises of estates tail shall not lapse. XXXI. Gifts to children or other issue, who leave issue living at the testator's death, shall not lapse. XXXII. That the words and expressions hereinafter mention- ed which in their ordinary signification have a move confined or a different meaning, shall in this Act, except where the nature of the prevision or the context of the Act shall exclude such coni- I ^ id he le- ny lir- )9t- )cli- >xe- ixe- bse- h of ludo Mta- con- t the ;or a tiust a for iving ition- I or a ire of conr •truction, be interpreted as follows : (that ia to aay.) the word " Will" shall extend to a testament and to a codicil, and to an ap- poiutment by Will or by writing in the nature of a Will in exer- cise of a power, and also to a disposition by Will, and testamen- tary devise of the custody and tuition of any child, by virtue of an Act of the Parliament of England, passed in the twelfth year of the reign of King Charles the Second, intituled " An Act for taking away the Court of Wards and Liveries and tenures in ca- pite, and by Knight's service and purveyance, and for settling a Revenue upon His Majesty in lieu thereof," and to anv other tes- tamentary disposition ; and the words " real estate" shall extend to messuages, lands, rents and hereditaments, whether corporeal, incorporeal or personal, and to any undivided share thereof, and to any estate, right or interest (other than a chattel interest) there- in ; and the words " personal estate," shall extend to leasehold estates and other chattels real, and also to monies, shares of gov- ernment and other funds, securities for money (not being real estates), debts, cboses in action, rights, credits, goods, and all other property whatsoever, which by law devolves upon the exe- cutor or administrator, and to any share or interest therein ; and every word importing the singular number only shall extend and be applied to several persons or things as well as one person or thing ; and every word importing the masculine gender only shall extend and be applied to a female as well as a male. XXXIII. The Act not to extend to Wills made before 1839, nor to estates pur autre vie of persons who die before 1839. TECHNICAL WORDS NOT REQUIRED IN A WILL. The words of a Will are the means to collect the intention ; and, as a testator is not supposed to be acquainted with legal lan- guage, the law neither requires nor expects technical words in a Will. If it is the intention, Land will pass under the word "eflfects ;" or "property ;" or the words " personal estate ;" The word legacy will apply to real property ; and C, and the survivors and survivor of them, and the executors and administrators of such survivor ;" by a devise in the words : " I devise all my lands, tenements, and hereditaments, to A. Item, 1 devise all my goods and chattels, money and debts, and what- ever else I have not before disposed of, to A." These examples are ample to prove that technical words are not required in a Will. CRam on Wills J Q 124 • ' SHORT FORM OF WILL. This is the last Will and Testament of John Dob, of the Parish of Norton, in the County of King's, Husbandman. Imprimis. I do hereby revoke and annul all former wills and testaments, at anytime heretofore by me made or executed. And I do hereby nommato and appoint my friends A. B., C. D., and £. F., or the survivors or survivor of them, to be my executors or executor in this behalf. Item. My farm of land in Norton, with the appurtenances, I do hereby devise unto Mary my wife, for her natural life, and after her death, unto my eldest son John, his heirs and assigns forever. Item. The lot of land, No. — Prince William Street, in the City of Saint John, and which I now hold under lease fi-om , and which is sub-let by me to , and in his occupation, — I do hereby bequeath all my interest therein to my daugnter Ann. Item. All my bank stock, farm stock, and all my goods and chattels, I do hereby bequeath unto my said wife Mary, the same to be at her own power and disposal, subject however to the pay- menl of any debts which may be due by me at the time of my de- cease, and it is my will and pleasure that my executors shall dis- charge the same, from the proceeds of sale arising therefrom. In witness whereof, I have hereunto set my hand, this day of , in the year of our Lord, one thousand eight hun- dred and . Signed and published in our presence, by the above named John Doe, and when we were both personally pre- sent at the same time when such sig- nature and publication was made, G. H. J. J. • •% -iTi .').<> t .i^A-*-'1t. .*■■ , y ' ' t ',,mI '-.f •J ; 1 ' ,11 ■,. A,^ ; '■< LANDLORD & TEIVAINT. LAW SUMMARY. By the Provincial Act, 50 Goo. 3, cap. 21, it is required, (Sec. 17,) That ill case any tenant or tenants shall give notice of hi.1, her, or their intention to quit any premises by him, her, or them hotden, at a time mentioned in such notice, and shall not accord- ingly deliver up the possession thereof, at the time in such notice contained, that then the said tenant or tenants, his, her, or their executors or administrators, shall from thenceforward pay to the landlord or landlords, lessor or lensors, double the rent, or sum, which he, she, or they should otherwise have paid : to be levied, sued for, and recovered at the same times, ana in the same man- ner, as the single rent or sum, before the giving such notice could be levied, sued for, or recovered, and such double rent or sum shall continue to be paid, during all the times such tenant or ten- ants shall continue in possession as aforesaid. Provided always, that when any houses, lands, tenements or hereditaments shall be let by the year, three months' notice — when by the month, one month's notice — and when by the week, one week's notice—- shall be given, either to the tenant in possession to quit, or by the ten* ant to the landlord, of an intention to quit as aforesaid. It is not necessary that the notice, if in writing, be personally served upon the tenant : it is sufficient if it be left at his house with a seiTant, from which it will be presumed that it reached the tenant. In order, however, to raise this presumption in the absence of proof that it reached^ the tenant, it must be shown to have been delivered into the hands of his servant, and not merely that it was left at his house. But if it be delivered to the servant, the service will be abso- lutehj good, although the tenant bo not informed of it within half a year of its expiration. The service should invariably be upon the tenant of the party serving the notice ; and where the service was upon a relation of the under-tenant on the promises. Lord Ellen- borough ruled that it was insufficient, though the notice was ad- dressed to '.he original lessee. 126 Where two or more tenants occupy under a joint demise, ser- vice of a written notice to quit upon one of them is sufficient. And where one tenant lived upon the premises, and the other lived elsewhere, service upon the one upon the premises was held to be prima facie evidence that the notice reached the other. Where a notice is attested by a subscribing witness, that wit- ness must be produced, or his absence roust be accounted for : — proof that it was served on the tenant, and that he read it, and made no objection to it, is not sufficient. After the landlord has given notice, and the time has expired, he may do some act which will amount to a waver of the same. In the first place, he may receive rent after the expiration of the notice ; which amounts to a recognition of a subsisting tenancy, and operates as a waver of the notice. It is a question for thejury whether the money be paid as rent; and if they find in the affirm- ative, then the Court will consider the notice as waved, and the tenancy re-established. But where the tenant had been in the habit of paying his rent to the landlord's banker, and a notice having been served upon him, he, after its expiration, paid another quarter's rent into the banker's, who knew nothing of the notice ; Lord Ellenborough, C J., held, in the absence of any proof that the rent so paid had come to the lessor's hands, that the notice was not thereby waved. A distress taken for rent, accruing due after the expiration of the notice, is a waver of the notice. A receipt for rent up to a particular day, stating it to be a year's rent, is prima facie evidence of the commencement of the tenancy on that day. Where several persons are jointly interested, a notice to quit, if given by themselves in writing, must be signed by all. Thus where a lease for twenty-one years contained a proviso, that in case either landlord or tenant, or their respective heirs and executors, wished to determine it at the end of the first fourteen years, and should give six months' notice in writing under his or their respective /lands, the term should cease ; it was held that a no- tice to quit, signed by two only of the three executors of the ori- ginal lessor, to whom the freehold was devised as joint tenants, expressing the notice to be given on behalf of thomselves and the third executor, was bad, notwithstanding a subsequent recognition of it by the third executor. But though, where the notice is given, or signed by some of several who ought to join, a subsequent recognition of the notice by the rest will not make it good by relation : it is otherwise where the notice, purporting to be given on the part of all, is given by an agent, under an authority from some only, at the time he gives the notice. For it is, in such a case, sufficient, if his anthonty be subsequently recognised ; and, therefore, where such notice was 127 given by ati agent utuler a written authority, wliidi autliority, at the time of the service of the notice, had been signed only by Sonne of several joint tenants, but afterwards was signed by all the others : — it was held that the subsequent recognition was suf- ficient to give validity to the authority from the beginning, and that the notice to quit was therefore sufficient. In a case in which A. demised premises to B. for one year cer- tain, and it was agreed that, after the expiration of that year the tenancy should expire, on three months' notice being given by A.; and B., having entered, took the receipts for the rent from A., first in his own name only, and afterwards in the names of him- self and two others, who were his partuers, and after three years' possession, he received a notice to quit from A. alone: it was held that A. might recover on his own demise in an action of eject- ment ; the notice to quit from A. alone being sufficient to deter- mine the tenancy. (ComyiCs Landlord 4r Ttnant.J DISTRESS FOR RENT. By the 4th sec. of the 50 Geo. 3. cap. 21, Prov. Act, — "When any goods and chattels shall be distrained for any rent reserved and due upon any demise, lease or contract whatsoever, and the tenant or owner of the goods so distrained, shall not within five days next after such distress taken, and notice thereof, (with the cause of such taking,) left at the dwelling-house or other most notorious place on the premises charged with the rent dis- trained for, replevy the same, with sufficient security to be given to the sheriff, according to law, that then and in such case after such distress and notice as aforesaid, and expiration of the said five days, the person distraining, shall and may with the sheriff', or under-sheriff of the county, or with a constable of the parish, city or place where such distress shall be taken, (who are hereby required to be aiding and assisting therein,) cause the goods and chattels so distrained, to be appraised by two sworn appraisers, (whom such sheriff, under-sheriff or constable are hereby empow- ered to swear,) to appraise the same truly, according to the best of their understandings ; and, after such appraisement, shall and may lawfully sell the goods and chattels so distrained for the best price that can be gotten for the same, towards satisfaction for the rent, for which the said goods and chattels shall be distrained, and of the charges of such distress, appraisement and sale, leaving the overplus, if any, in the hands of the said sheriff, under-sheriff, or constable." 128 ¥': ' Notice to quit hy the landlord to his tenant from f/rar to year. ' I hereby give you notibe to quit and deliver up on the day of next, the possession of the messuage or dwelling-house, [or of the farm lands and premises, or of tiie rooms and apart- ments,] with the appurtenances, which you now liold of me, situ- ate at, &c. - Dated the day of , 18 — . To Mr. C. D. Yours, &c. A. B. ! The like where the commencement of the tenancy is uncertain. a: !.•; Mr. C. D., ^^i-J-^'v ..: ,: r.. ;';;.; ; \ I do hereby as tlie agent for and on the behalf of youT landlord, Mr. A. B. of , give you notice to quit and deliver up p«s« session of the premises situate at, &c., now in your occupation, on the expiration of the current year of your tenancy. Dated the day of , 18 — . Yours, &c. A. B. ■ I'.'it-^ii. ■■■ Notice to quit lodgings. Sir, — I hereby give you notice to quit and deliver up on or be- fore next, the rooms and apartments and other tenements which you now hold of me in this bouse \as the case may be."] Witness my hand, this day of , in the year 18 — . To C. D. A. B. Notice to the tenant cither to quit the premises, or jmy double value. Sir, — I hereby give you notice to quit and yield up on the day of next, possession of the messuage, lands, tenements, mid hcvedilarneuts, which you now hold of me, sitnato in the pa- 129 lish of ■ Biul county of in failure whereof I shall lequiro and insist upon double the value of the said premises ac- cording to the act in such case made and provided. Dated this day of , 18 — . Yours, &c. ToC. D. - A. B. -.H Notice to quit by the tenant, u.-.-- :■ ^. j Sir, — T hereby give you notice that on the day of I shall quit possession of the messuage or tenement and premi.ses which I now hold of you, situate at , in the parish of——, in the county of . Dated this day of , 18 — . To A. B. , ' Yours, &c. C. D. ,,. .; .v: ,. Notice by the tenant to quit lodgings, '^v; ; , j ,^j Sir, — This is to give you notice that on the day of next I shall quit and deliver up possession of the rooms and apart- ments and other tenements which I now hold of you in this house. Witness my hand this day of , IS — . ToA. B. ..,.„^....„.„ ,. .. , .,.. _,.,;_„,_,,. C. D.^, ■ ; ■ _ ' - ^ 7" ' ■ ' ' ' ' '■ "■ ii ' ■ ?■ Notice to tenant, to 2>ai/ rent. i, .; ? Sir, — This is to warn you that unless you pay or cause to be paid unto me, on or before the day of next, the sum of — , being a year's rent due on the day of , for the messuage or tenement and premises which you now hold of me, at the yearly rent of , situated, ^,c., I shall claim and insist upon such forfeiture thereof as I may be by law entitled to. Witness my hand, &c. , ToC. D. -M^:^' A. B. Warrant of diAtrcss. 'rl' :!':!0- To-Mr. A. ray bailiff, — Distrain the goods and chattels of C. D. (the tenant,) in the house he now dwells in (or on the premises in Lis possession,) situate in , in the county of , for — — pounds, being one year's rent, due to me for the same on the 1st day of May last ; and for your so doing this shall be your suf- ficient warrant and authority. Dated the day of , 18 — . A. B. Notice of distress fa tenayU. Mr. C. D., — Take notice, that I have this day distrained (or that as bailift' to A. B. your landlord, I have this day di3lrained)_on 130 the premises occupied by you, the several goods and chattels spe- cified in the annexed inventory, for the sum of pounds, being one year's rent, due to roe (or, to the said A. B.) on the first day of May last, for the said premises ; and that unless you pay the said rent, with the charges for distraining for the same, within five days from the date thereof, the said goods and chattels will be ap- praised and sold according to law. Given under my hand, the day of , in the year of our Lord 18 — . W. T. f Annex an inventory of goods distrained, and serve copies of same and of this notice on tenant immediately after distress is made.) . V yf''" Appraise/ s oath, tfc. - ; f v^^nyi • " You, and each of you, shall well and truly appraise the goods and chattels mentioned in this inventory (holding it in his hand,) according to the best of your judgment. So help you God." \, Then endorse on the inventory the following memorandun) : — " Memorandum : That on the day of , in the year of our Lord , A. B. of, &c., and C. D. of, &c., two sworn appraisers, were duly sworn upon the Holy Evangelists, by me J. K. of, &c., constable, well and truly to appraise the goods and chattels mentioned in this inventory, according to the best of their judgment. " As witness my hanif, "J. K., Constable." " Present at the time of swearing the said A. B. and C. D. as above, and witness thereto. - ' - "L. M.^'^--^^ . ,, After the appraisers have valued the goods, continue the en- dorsement on the inventory as follows : — ,, ;,< ,,'r " We, the above named A. B. and C. D., being sworn upon the Holy Evangelists, by J. K. the constable above named, well and truly to appraise the goods and chattels mentioned in this inven- tory, according to the bestof our judgment ; and, having viewed the said goods and chattels, do appraise the same at the sum of pounds. As witness our hands, the day of — — , in the year of our Lord, 18 — . .vf .: 4}U ' r... c. D J Sworn Appraisers.'* . FINIS.