THE LIBRARY 
 
 OF 
 
 THE UNIVERSITY 
 
 OF CALIFORNIA 
 
 RIVERSIDE 
 
 GIFT OF 
 
 J. Clarke Johnston 

 
 
 > 
 
 ii*


 
 
 

 
 OPINIONS 
 
 From the Hon. Archibald Randall, Judge of the District Court of the United States, for 
 the Eastern District of Pennsylvania. 
 
 Philadelphia, April 16, 1845. 
 
 GENTLEMEN : I have examined the sheets of " Dunlap's Conveyancing and Forms" 
 submitted to me, and have no hesitation in recommending it as superior to any work of 
 the kind now in use here. The number of useful forms not heretofore in print, and 
 their admirable arrangement, will render it invaluable to the profession, and very useful 
 to the citizen engaged in other pursuits. Very respectfully, yours, &c. 
 
 Messrs. E. C. & J. BIDDLE. ARCHD. RANDALL. 
 
 From the Hon. Edward King, President Judge of the First Judicial District of Penn- 
 sylvania, composed of the city and county of Philadelphia. 
 
 Philadelphia, March 27, 1845. 
 
 DEAR SIRS : The examination I have given to " Dunlap's Conveyancing and Forms," 
 enables me to say with entire conviction, that it is one of the best books of its kind. 
 It will be found equally advantageous to the citizen as well as the professional man ; 
 being replete with useful practical forms, calculated to aid all in transacting business, 
 with legal accuracy and precision. Very respectfully, &c. 
 
 Messrs. E. C. & J. BIDDLE. EDWARD KING. 
 
 From the Hon. Ellis Lewis, President Judge of the Second Judicial District of Pennsyl- 
 vania, composed of the county of Lancaster. 
 
 Lancaster, January 8, 1845. 
 
 DEAR SIRS : I have examined the manuscript copy of " Dunlap's Conveyancing and 
 Forms," and am truly rejoiced to perceive that the legal profession, and the business 
 community are about to be presented with a work of so much value. The many 
 changes made in the legislation of the State, and our increasing business in the Or- 
 phans' Court, have rendered such a work highly necessary. From the examination I 
 have made, and from the high character for ability, of Mr. Dunlap, I can cordially re- 
 commend the work to the profession and to the public. Yours truly, 
 
 Messrs. E. C. & J. BIDDLE. E^LLIS LEWIS. 
 
 From the Hon. John Banks, President Judge of the Third Judicial District of Pennsyl- 
 vania, composed of the counties of Berks, Northampton and Lehigh. 
 
 Reading, March 31, 1845. 
 
 GENTLEMEN : I have examined a large portion of the Forms prepared for publication 
 by James D. Dunlap, Esq., and approve of the same. They have been prepared with 
 care, and accommodated, with accuracy, to the various changes which have been 
 recently made in our acts of Assembly. When published, they will be of great value 
 to the legal profession, the Clerks of our various Courts, Justices of the Peace and 
 Scriveners. JOHN BANKS. 
 
 Messrs. E. C. & J. BIDDLE. 
 
 From the Hon. Gaylord Church, President Judge of the Sixth Judicial District of Penn- 
 sylvania, composed of the counties of Erie, Crawford, Venango and Warren. 
 
 Meadville, Pa., Dec. 27, 1844. 
 
 GENTLEMEN : Having perused the manuscript of " Dunlap's Conveyancing and 
 Forms," I feel confident the work will fully answer the character claimed for it by the 
 author. The many recent changes in our Statute Laws seem to render it necessary to 
 vary somewhat many of the forms of practice heretofore used, and I think this work 
 will in a degree meet the exigency. 
 
 I most cheerfully recommend it to the Profession and the business community gene- 
 rally. Very respectfully,. yours, &c. 
 
 Messrs. E. C. & J. BIDDLE. GAYLORD CHURCH. 
 
 From the Hon. Samuel Hepburn, President Judge of the Ninth Judicial District of Penn- 
 sylvania, composed of the counties of Cumberland, Perry and Juniata. 
 
 Carlisle, March 30, 1845. 
 
 GENTLEMEN : From the examination which I have been enabled to make of the 
 number of sheets, which you have already published, of " Dunlap's Conveyancing and 
 Forms," I should consider the work one of great practical utility ; and coming from 
 the hand of its able and accomplished author, I feel no hesitation in recommending it 
 to the business community generally, as a book calculated to facilitate their labours in 
 all the branches within the scope of the author's design. 
 
 I Very respectfully, yours, &c., SAMUEL HEPBURN. 
 
 Messrs. E. C. & J. BIDDLE. 
 
 A
 
 From the Hon. Nathaniel B. Eldred, President Judge of the Twelfth Judicial District of 
 Pennsylvania, composed of the counties of Dauphin and Lebanon. 
 
 Harrisburg, Dec. 21, 1844. 
 
 I have examined the manuscript of " Dunlap's Conveyancing and Forms." I believe 
 it to be a useful and convenient work, and as such recommend it to the favourable 
 notice of the Profession and the public generally. 
 Messrs. E. C. & J. BIDDLE. NATHANIEL B. ELDRED. 
 
 From the Hon. John N. Conyngham, President Judge of the Thirteenth Judicial District 
 of Pennsylvania, composed of the counties of Susquehanna, Bradford and Tioga. 
 
 Harrisburg, March 12, 1845. 
 
 GENTLEMEN : I have had an opportunity of examining some of the manuscript in- 
 tended for the Book of Legal Forms and Precedents now being prepared by James D. 
 Dunlap, Esq., of Erie county, and from what I have seen of the proposed contents, 
 and understood of the plan, I am satisfied, that th'e work will be valuable as well to 
 the profession as other business members of society. 
 
 Mr. Dunlap has the reputation of being an accurate and careful lawyer, knowing the 
 wants, in this respect, of the profession and also the community at large, and knowing 
 too, that much litigation and trouble are occasioned by the careless following of ill pre- 
 pared forms ; and it is believed his book will be an important assistant in endeavouring 
 to remove these difficulties. Respectfully, yours, &c. 
 
 Messrs. E. C. & J. BIDDLE. JOHN N. CONYNGHAM. 
 
 From the Hon. James Thompson, President Judge of the District Court, composed of the 
 counties of Erie, Crawford and Mercer, Pa. 
 
 Erie, Dec. 30, 1844. 
 
 DEAR SIRS : I have examined the manuscripts of Forms collated by James D. Dunlap. 
 Esq., of Erie, for his Form Book, and think the plan of the work, the number and 
 variety of the precedents designed to be contained in it, and the arrangement generally 
 will make the work a desirable book for the business community, as well as useful and 
 convenient to gentlemen of the legal profession. Yours truly, 
 
 Messrs. E. C- & J. BIDDLE. JAMES THOMPSON. 
 
 From the Hon. Alexander L. Hayes, President Judge of the District Court for the city 
 and county of Lancaster, Pa. 
 
 Lancaster, April 5, 1845. 
 
 GENTLEMEN: Having examined the proof sheets of the greater portion of " Dunlap's 
 Conveyancing and Forms," I believe this work will furnish the public with a very 
 desirable guide in the transaction of business. Its importance must be obvious 
 to all who are conversant with courts of justice, and know how much of the liti- 
 gation with which they are occupied, arises from ill -prepared writings. Many per- 
 sons unaware of the difference between formalities and forms, treat both with equal 
 neglect, without reflecting that the latter afford in general the best preservative of the 
 life and substance of business ; the bark being hardly more essential to the existence 
 of the tree, than are forms of contracts and proceedings to the full and faithful ex- 
 pression of the meaning of parties. Hence the disastrous mistakes so often observed 
 in last wills, deeds, written agreements and other instruments, drawn by unskilful 
 hands, without the aid of precedents. Such evils the work of Mr. Dunlap is well 
 adapted to prevent, being judiciously planned, and, so far as I have examined it, exe- 
 cuted with judgment and ability. It will doubtless prove most useful to the commu- 
 nity at large, and be of no little assistance to the legal profession. A wide circulation 
 is therefore much to be wished ; -and this I am glad to learn you have provided for by a 
 large edition and a moderate price. Respectfully your obt. servt., 
 
 Messrs. E. C. & J. BIDDLE. A. L. HAYES. 
 
 From the Hon. John Reed, LL.D., Professor of Law in Dickinson College, and author 
 of "The Pennsylvania Blackstone." 
 
 Carlisle, March 29/1845. 
 
 GENTLEMEN : I have had an opportunity of examining the proof-sheets of " Dunlap's 
 Conveyancing and Forms," which you are about to publish. I commend the book cor- 
 dially to practising Lawyers, Scriveners, and every one who-rnay have occasion to pre- 
 pare for himself, or for others, writings in any way affecting property. The collection 
 is copious, and well arranged. If ^properly consulted, it may avoid thousands of law- 
 suits which grow out of instruments of writing, unskilfully and inartificially drawn. 
 The book should be widely diffused through the community. 
 
 Very respectfully your obt. servt., 
 Messrs. E. C. & J. BIDDLE. JOHN REED.
 
 
 . *" A BOOK OF FORMS: 
 
 CONTAINING 
 
 600 OF THE MOST APPROVED 
 
 PRECEDENTS FOR CONVEYANCING, 
 
 OF THE COMMONWEALTH: 
 
 ALSO, 
 
 FOR USE IN PUBLIC OFFICES AND FOR MEN OF BUSINESS 
 GENERALLY. 
 
 t 
 
 ADAPTED 
 
 TO THE PRESENT ACTS OF ASSEMBLY. 
 
 WITH 
 
 EXPLANATORY NOTES AND REFERENCES, 
 
 AND 
 
 A GLOSSARY OF TECHNICAL LAW TERMS. 
 
 BY JAMES D. IHJNLAP, 
 
 COUNSELLOR AT LAW, ETC. ETC. 
 
 PHILADELPHIA: 
 
 E. C. & J. BIDDLE, NO. 6 SOUTH FIFTH STREET. 
 
 1845.
 
 
 
 
 Entered according to the Act of Congress, in the year 1845, 
 
 BT E. C. & J. BIDDLE, 
 
 in the Office of the Clerk of the District Court for the Eastern District of - 
 Pennsylvania. 
 
 PHILADELPHIA : 
 
 T. X. tc, T. O. COLLINS, 
 
 PRINTERS. 

 
 PBEFACE. 
 
 THE facility afforded for the despatch of business, to those en- 
 gaged in the practice of the law, or in conveyancing, by the pos- 
 session of a hand-book of forms, and the importance to all business 
 men, of an acquaintance with the forms by which the various 
 transactions connected with their several pursuits may be safely 
 and correctly conducted, prompted the compiler of this book to 
 its preparation, in the belief that it would meet the wants of the 
 classes referred to. 
 
 Several valuable works on Forms, to which the compiler of this 
 volume is considerably indebted, have issued from the press ; but 
 these are generally too expensive and not sufficiently plain for 
 business men not of the legal profession. Other works on the 
 same subject, and of a very useful character, but containing too 
 small a number of precedents, and these too limited in variety, 
 fully to supply the wants of the community, have been published. 
 This collection of forms, it is believed, will be found to combine 
 copiousness and variety with perspicuity, and its cost to be within 
 the means of most persons desiring its aid. 
 
 The position of the compiler as a member of the legal profes- 
 sion, and for several years past, of the legislature of this common- 
 wealth, has made him familiar with the changes in the statute 
 laws to which the forms in this work are accommodated, as also 
 with the practice in the various public offices, and it is presumed, 
 will be considered a sufficient guarantee for its correctness. 
 
 In preparing it for the press, it has been the especial design and 
 aim of the compiler to make it plain and practical. 
 
 The precedents are such as lawyers and the various other classes 
 of business men usually need. Forms for writs have not been 
 inserted, as officers generally have printed blanks for them. Some 
 of the forms contained in this work are to be met with in none 
 other. Those for practice in Admiralty Courts, contained in an 
 
 A*
 
 vi PREFACE. 
 
 Appendix, are to be found elsewhere only in works devoted ex- 
 clusively to that subject. 
 
 Most of the precedents are drawn in full, this being more con- 
 venient for the lawyer, and more easily understood by others, 
 than the plan of referring to several parts of forms to complete 
 one. 
 
 Remarks generally accompany each class of forms, explanatory 
 of their use and manner of application, and notes are frequently 
 added, to make plain that which may be intricate. In addition 
 to these remarks and notes, references to the various Acts of 
 Assembly are made, and the decisions of the Supreme Court and 
 other authorities given. A glossary of Technical Law Terms 
 is appended, and reference to any particular form made -easy by 
 means of a copious index. 
 
 Trusting that this volume may be found well adapted to the 
 purposes for which designed, and that it may promote care in 
 the transaction of business, and tend to the prevention of litiga- 
 tion and losses, which so frequently arise from incorrectness in the 
 form of instruments of writing, or from the want of written con- 
 tracts, the compiler submits it to the examination of the public. 
 
 EKIE, January 1st, 1845. 
 

 
 INDEX. 
 
 X'AUA 
 
 ACCOUNT. 
 
 of Administrators ------ -25 
 
 of Executors - W - . . . - 26 
 
 of Guardians ----...27 
 
 ACKNOWLEDGMENTS. 
 Remarks on- 
 
 of a Deed, &c., by one person - - - - - 
 
 by Husband and Wife --.-.. 
 
 by virtue of a Letter of Attorney - - 
 
 of Sheriff's Deed ---.-.. 
 
 by a Corporation -----.. 
 
 by Special Partners - - .-.- %. 
 
 of a writing in English, with a copy in another language - 
 
 for Affidavits, where a deed has not been acknowledged, &c. 
 
 See Affidavits. 
 
 of a Trustee selling a trust estate, and also the acknowledg- 
 ment of the one for whose use the same was sold - - 162 
 ACQUITTANCE. 
 
 Remarks on Acquittances - f . . . . 33 
 
 for money received on a sale - - - - - 33 
 
 for money received in part of a bond - - - .34 
 
 for interest due on a bond ------ 34 
 
 AFFIDAVITS AND OATHS. 
 
 Remarks on- - - - - - - -34 
 
 AFIDAVIT where the debt or damages exceed 100 dollars - - - 34 
 
 to an Account - - .... 35 
 
 to a Petition, &c. - - - - - 35 
 
 on an Appeal from an award of Arbitrators - - 35 
 
 of Defence --------36 
 
 of the service of Notices, &c. - 36 
 
 of Administrators, Executors or Guardian to a final account - 36 
 
 of an Alien on Petition to become a citizen - - 37 
 
 of a Citizen on the application of an alien - - - 37 
 
 where a witness to a deed is deceased or absent - - 37 
 
 where a deed has not been acknowledged, but proved by a 
 
 subscribing witness - ... 30 
 
 of another form, where a deed has not been acknowledged, 
 
 &c. .... .* . - - 30 
 
 of a Partner under limited partnership law - - - 38 
 
 to sustain a Writ of Certiorari - - - - 38 
 
 " on an appeal from the Orphans' Court to the Supreme Court - 38 
 
 of the publication of notice ..... 38 
 
 by wife, in action by husband and wife for work by her be- 
 fore marriage -.--.--39 
 
 to support a Writ of domestic attachment - - 39 
 
 on an appeal - .'$'-. 39
 
 viii INDEX. 
 
 PACK 
 
 AFFIDAVIT by executor or administrator of his cause of action 40 
 
 and certificate for land settled on - - - - - 70 
 
 and certificate for land improved but not settled - *- 70 
 
 and certificate for unimproved lands - - - - 71 
 
 of applicant for lands prior to the last purchase of 1784, 
 
 (under the Act of 13th April, 1807) - - - 71 
 
 of witness to an agreement to arbitrate - - - 78 
 
 of appraisers of a decedent's estate - - 182 
 
 by administratrix to petition, inventory, and debts on applica- 
 tion to court to sell Real Estate - - - - - 255 
 
 to petition for divorce ...... 276 
 
 OATH by kissing the book --...--40 
 
 of a witness on a trial ...... 40 
 
 of voir dire -----.--40 
 
 by lifting up the right hand - - - 40 
 
 by affirmation ------- 40 
 
 of foreman of a grand jury . , - . . - 41 
 
 of the other grand jurors - - . - 41 
 
 of traverse jury in the civil courts - - - - 41 
 
 of traverse jury in the criminal courts - - - - 41 
 
 of referees under the Act of 1810 - - - - 41 
 
 of referees in trespass ...... 41 
 
 of referees in trover and conversion - 42 
 
 of jurors in proceedings to recover possession after sale by 
 
 sheriff .--..-.. 43 
 of claimant of land sold by sheriff, in proceedings to deliver 
 
 possession under the Act of 16th June, 1836 - - 42 
 
 of jurors under landlord and tenant Act of 1825 - - 42 
 
 - of inquest in Partition in the Common Pleas - - - 42 
 
 of inquest on real estate under execution - - 43 
 
 of inquest on Writ of Inquiry - - - - 43 
 
 of inquest on Writ of Liberari Facias - - - 43 
 
 of Arbitrators - - -.- - - -43 
 
 of Executors or Administrators - - - - - 43 
 
 of Constable attending upon a jury ... .44 
 
 of a witness to a grand jury ----- 44 
 
 of an Attorney at Law on his admission to the bar - ^ - 44 
 
 of Clerk of Markets - - -* - - . - 44 
 
 of Constable ...... 44 
 
 of Overseers of the Poor --...- 45 
 
 of appraising of goods distrained for rent - - - - 45 
 
 of Deputy Surveyor - 45 
 
 of Rotary Public .......45 
 
 of Sheriff and County Commissioners before the selection of 
 
 jurors - - - - - -- - ; . 45 
 
 AGREEMENTS AND CONTRACTS. 
 
 Remarks upon --.....46 
 
 for the sale of land - ..... 46 
 
 in another form for sale of land - - - - 47 
 
 also in another form for sale of land - - - 48 
 
 for purchase of cordwood - - *r ' - - -->. 49 
 
 for building a house - ..... 50 
 
 for performing bricklayer's and plasterer's work in building a 
 
 house - - . ( - - - - - -^ 51 
 
 with a Millwright - ' ; - - - - 52 
 
 on a sale of wheat - - - - - - -.53 
 
 - - for the sale and delivery of coal ..... 54 
 
 between a housekeeper and his lodger - - - 55 
 
 ' for sale of a parcel of trees growing, and liberty to cut down 
 
 and carry them away ...... 56
 
 INDEX. i x 
 
 " V ~ 
 
 PACK 
 
 Aff IIEEMEXT with a manager - ... 57 
 
 or articles of co-partnership between partners -& 58 
 
 or articles of co-partnership between an active and silent 
 
 partner - - 60 
 
 or articles of co-partnership between two tradesmen - - 1 61 
 
 or articles for special or limited partnership - - ' 64 
 
 of dissolution of partnership - 64 
 
 and covenant to be inserted in partnership contracts, if de- 
 sired, not to trust any one whom the co-partner shall forbid - 65 
 
 do. not to be bound, or endorse bills ... 65 
 
 where neither party is to assign his interest 65 
 
 where parties are to draw quarterly - - - . *. 66 
 
 to continue a partnership by endorsement on the old articles - 66 
 
 in relation to party walls - ... 66 
 
 for renewing a Policy of Insurance by endorsement 67 
 
 AMICABLE ACTIOIT. 
 
 Remarks on - 68 
 
 -agreement to institute a suit 68 
 
 to revive a lien .... - - 68 
 
 for judgment, after rule of reference entered 69 
 
 to waive inquisition and condemnation of land taken in execu- 
 tion . 69 
 APPLICATION FOR WARRANTS. 
 
 for taking out a warrant by a settler for lands settled on - 70 
 
 form of affidavit and certificate on application for warrants. 
 
 See AFFIDAVIT. 
 APPRENTICE. 
 
 Remarks concerning ... 71 
 
 Indenture of Apprenticeship .... 73 
 
 Another form of indenture of apprenticeship 74 
 
 Indenture of apprenticeship by Overseers of the Poor - 75 
 
 Approbation of the apprenticeship of paupers - 76 
 ARBITRATION AND AWARD. 
 
 Remarks on - - . - - - - 76 
 
 under the Act of 1836. Agreement to refer - - 77 
 
 for affidavit of witness to an agreement to arbitrate. See AFFI- 
 DAVIT. 
 
 Awards of arbitrators in debt or case - - 78 
 
 Award in replevin for rent - - 79 
 
 in replevin, when property is to be returned - 79 
 
 ASSIGNMENT. 
 
 Remarks on ----- 79 
 
 of Dower by the heir - 79 
 
 of a Deed ----- . 80 
 
 of a Lease .*.. . . . . gl 
 
 in another form ----.'.- 81 
 
 of a Debt - - - - - - - - j 82 
 
 of a Judgment .... - - 82 
 
 of Moneys due upon account - - ;;. 83 
 
 of a Mortgage ... .... 83 
 
 of a Bond where the assignor is liable - - 84 
 
 of a Bond where the assignor is not liable . ^ . 84 
 
 where the assignor is liable in another form - 85 
 
 where the assignor is not liable in another form - 85 
 
 of a Note, where the assignor is liable - 86 
 
 of a Note, where the assignor is not liable 86 
 
 of an Apprentice - - - 86 
 
 of a Servant ..... 86 
 
 P of shares in a company - 87 
 of a Policy of Insurance - 87
 
 
 INDEX. 
 
 ATTESTATKHT. 
 
 Remarks on - - -* ~ - - "- ' - 87 
 
 where there are interlineations or erasures in instruments of 
 
 writing ------- - 88 
 
 by a Blind person - - - - - - -.88 
 
 in where there are erasures ... 88 
 BILLS, NOTES, &c. 
 
 Remarks on - - - - - ' , ,- r * - 88 
 
 BILL of Sale of Goods and Chattels ..... 89 
 
 of Sale of Goods and Stock, in consideration of maintenance, &c. 90 
 
 of Sale of a Vessel .... ,!V . 91 
 
 of Exchange, 1st - - - - ^L. - 91 
 
 of Exchange, 2d and 3d . - . - - - - - 92 
 
 < of Exchange (Domestic) ...... 92 
 
 Draft - -93 
 
 Note to Bank ...... 93 
 
 Check *- - 93 
 
 Due Bill JC* - 94 
 
 Promissory Note -- .....94 
 
 Judgment Note .......94 
 
 Note with security, or for two or more persons - 94 
 
 Note on Demand ..... 95 
 
 BOKDS. 
 
 Remarks on- ...... 95 
 
 Common form ....... 96 
 
 Judgment Bond - - - - - - ** - 97 
 
 from one to two -4* - - - - -98 
 
 from two to one .......98 
 
 of Indemnity to Bail ^ ..... 
 
 to refund to Executors on payment of a Legacy - - 100 
 
 . to refund, given by distributee under approval of court, (sec. 41 
 
 and 57 of Act of 24th of Feb., 1834, "relating to executors and 
 
 administrators") - Jl - 101 
 
 of Guardian at his appointment - ... 102 
 
 by Executors on application to Orphans' Court for an order to 
 
 sell or mortgage Real Estate ----- 103 
 by Administrator, on application to Orphans' Court for an order 
 
 to sell or mortgage Real Estate - - 104 
 by Guardian, on application to Orphans' Court'for an order to 
 
 sell or mortgage Real Estate ----- 104 
 
 for the performance of Covenants - - - - 104 
 
 to execute a Conveyance ------ 104 
 
 to leave Money to a Wife - - - . . ^ 1 05 
 
 to permit a Wife to make a Will ----- 105 
 
 to maintain Parents ...... 106 
 
 to maintain Parents in another form - - - 106 
 
 ' to keep a person during life - - - - - 107 
 
 to execute a Conveyance at a time to come, and that the obligee 
 
 receive the profits 5f - - - - - 107 
 
 for services of an Apprentice ..... 108 
 
 of an Attorney to account to his Constituent ... 108 
 
 . of a Treasurer of a Company - - - - - 108 
 
 * to a Mother of a bastard child - - - - - 109 
 
 of Indemnity to Surety in a Bond .... 109 
 
 of Indemnity to Bail in Bail Bond - - - - 110 
 
 of Indemnity to Special Bail - - - - - 110 
 
 of Indemnity to Bail in Recognizance - - - -111 
 
 of Indemnity to Surety in an Administration Bond - - 111 
 
 of Indemnity to Executor on Payment of a Legacy '-^ - 112 
 
 of Indemnity to save harmless on paying Rent - +' v 1*2 
 of Indemnity against Claim for Dower - - - 113
 
 **' 
 
 INDEX. XI 
 
 PAGE 
 
 BOND of Indemnity for a Bond mislaid or lost - - " '.* 1 13 
 
 to the County for a bastard child - - - - 114 
 
 to refund Money on failure of Contract - - - !*" 115 
 
 in Replevin to Sheriff by Plaintiff - 115 
 
 in Replevin to Sheriff by Defendant .... us 
 
 of Indemnity in case of Foreign Attachment -\ - - 117 
 
 of Indemnity upon Levy and Sale - - - - 117 
 
 of Indemnity for the Payment of an Annuity during life - - 118 
 
 of Indemnity to discharge Incumbrances - - 119 
 
 to Indemnify Indorsers - - - " ^4 *^" 119 
 
 for Payment of Money after a person's death ... 120 
 
 of Indemnity by an Executor who retains Money in his hands 
 
 directed by the Will to be put out at Interest - > - 120 
 
 of a Constable for faithful performance, &c. - ^ - 121 
 
 to leave Money to a Wife - - - % . 121 
 
 to Indemnify Lessee on payment of Rent ... 122 
 
 for payment of an Annuity during the Life of a Feme Covert - 122 
 
 of Indemnity on paying Money to a person who had? not taken out 
 
 Letters of Administration - - s|t - 123 
 
 to suffer a Wife to live apart from her Husband - - 123 
 
 to suffers Wife to live apart, to have all her effects, and to behave 
 
 quietly to her - . - 124 
 CASE STATED. 
 
 Remarks on - - 125 
 
 Form for, - - - - - - - 126 
 
 CAVEAT. 
 
 Remarks on - - - - - - 126 
 
 against the Probate of a Will ..... 126 
 
 against granting Letters of Administration - . - 126 
 
 CEH.TIORAH.I. 
 
 Remarks on a- - - - - - - 127 
 
 to a Justice of the Peace ...... 127 
 
 return of Magistrate to be indorsed on the Writ - - 127 
 
 COGNOVIT ACTIONEM. 
 
 Remarks on a- _' ';*-. . . 127 
 
 COGNOVIT in Action of Debt - - 128 
 
 in Assumpsit * - 128 
 
 COMMISSION. 
 
 Remarks on ....... 129 
 
 Caption to Interrogatories on a Commission - . - 129 
 
 Caption to Cross Interrogatories to the same - 129 
 
 Rule for a Commission - " - - - 130 
 
 COMMISSION TO EXAMINE WITNESSES, - - - 130 
 
 Letter of Instruction to Commissioners .... 131 
 
 Interrogatories to Garnishee in Foreign Attachment - - 133 
 
 Interrogatories to Witness in proceedings for a Divorce - - * 134 
 COMPOSITION. 
 
 Remarks on Composition in Contracts - - - - 135 
 
 General Form of Composition with Creditors ... 135 
 
 A Deed of Composition of Debts by Partners - 136 
 CONDITIONS OF SALE. 
 
 Remarks on - - - - '- * 137 
 
 of Lands ........ 137 
 
 Agreement following Conditions ... 138 
 
 Receipt at the foot of Conditions - - - 139 
 
 Form of Vendue Article * - - - ' *- 139 
 
 Another form of Vendue Article ... 139 
 DEEDS. 
 
 Remarks on ..... ** 140 
 
 Common form of Deed - - 141 
 
 DEED with full Covenants - ,'-. , - - - 143 
 
 by Attorney ....... 144
 
 Xll 
 
 INDEX. 
 
 PAGE 
 
 DJSED without Covenants - - --. - - 145 
 
 Quit Claim - - - " v - - - - 145 
 
 by Executors - - - - % - - - 145 
 
 by Executors under a special authority in a Will - - 147 
 
 Poll - - - - - - - ... 147 
 
 Poll on Disfranchising a Member of a Company - - 148 
 
 Poll for Unpatented Lands, with Clause of Special Warranty - 149 
 
 for Lands sold by Administrators, by order of Orphans' Court, in 
 
 Partition .... - 149 
 
 by Administrators, by order of Court, to satisfy debts, &c. < 152 
 
 by an Administrator of Land which his Intestate had bound him- 
 self to Convey ------- 154 
 
 by Sheriff on a Venditioni - - - - - 154 
 
 by Sheriff on a Levari Facias ----- 156 
 
 of Trust or Assignment for the benefit of Creditors - - 158 
 
 to a Wife by Intervention of Trustees - - - 159 
 
 from same Trustee by direction of the Wife to Sell her Trust 
 
 estate -------- 161 
 
 of Marriage Settlement of a Wife's fortune (consisting of lands, 
 
 goods, &c.) to her use as a separate and distinct estate - 162 
 
 of a Wate'r Course - - - 165 
 
 of an Alley or Passage ... - 166 
 
 by gift of Lands ------- 166 
 
 Partition - - - 167 
 
 of Rent Charge ------- 169 
 
 of Release- ------- 170 
 
 of Exchange of Lands - - 171 
 
 of Confirmation - - - 172 
 
 Covenant of Warranty to Deed - - - 173 
 
 Covenant for Quiet Enjoyment - - - 173 
 
 Covenant for further Assurance ----- 173 
 
 Covenant against Incumbrances - - - - - 174 
 
 Joint Covenant, of two or more, to one person - - - 174 
 
 Joint and several Covenant, of two or more, to one person - 174 
 
 A several Covenant of two or more - - - 174 
 DEPOSITION. 
 
 Remarks on ... 175 
 
 Caption of a Deposition under a Rule of Court - - 175 
 
 A Deposition in the hand-writing of the Witness - - 175 
 DEPUTATION. 
 
 Deputation to a Deputy Register - - - 176 
 DISCHARGE. 
 
 Remarks on. 
 
 of an Insolvent Debtor from Arrest, - - 176 
 
 of a Prisoner charged with a Criminal Offence - - - 177 
 
 EXECUTION. 
 
 Property exempt from Execution, &c. .... 183 
 
 INTKBEST. 
 
 Remarks on - - " *, - '177 
 
 An Interest Table - - - - 180 
 
 A Table showing the number of days from any day in the month 
 
 to the same day in any other month throughout the year - 181 
 INVEHTOBT. 
 
 Inventory of Appraisers of a Decedent's Estate - 
 
 Remarks on the duties, &c., of Executors and Administrators - 182 
 LANDLORD AND TENANT. 
 
 Remarks on ....... 184 
 
 Warrant of Landlord to distrain for Rent - - 185 
 
 Notice of Distress - - ... 185 
 
 Schedule -------- 186 
 
 Notice to remove in 15 (or 30) days under the act of 3d April, 1830 186
 
 INDEX. xiii 
 
 LANDLORD AND TENANT. PAGE 
 
 (Note on the Act of 3d April, 1830) - - 186 
 
 Landlord's Affidavit or Complaint - - '' '-& - - 187 
 
 Form of Appraisement - - ? - ' - - 187 
 
 Notice of Sale ..... - 187 
 
 Notice to quit after expiration of the Term - - 188 
 
 Notice to quit at the expiration of the Term - 188 
 
 Complaint to two Justices - " * " " " " ^ 
 
 LEASE, 
 
 Remarks on ... 199 
 . for years of a House and Lands, with Exceptions and Special 
 
 Covenants, &c. %- - - - - 190 
 
 of a House .... - - 192 
 
 of a Farm- ....... 193 
 
 Special Covenants in a Lease not to pursue certain occupations 193 
 
 Clause to be inserted in a Lease to inhabit part of the premises 194 
 
 Clause not to assign or underlease - - 194 
 Clause to be inserted in a Lease, if required, that lessor shall pay 
 
 the Taxes ------- 194 
 
 Clause to insure the premises from Fire, and to rebuild in case 
 
 of Damage ....... 194 
 
 LETTER OF ATTORNEY, 
 
 Remarks on ....... 195 
 
 General form of Letter of Attorney to receive Debts - - 19ft 
 
 General Letter of Substitution - ... -V 196 
 
 Letter of A'ttorney to receive money on a Bond - - - 196 
 
 of Revocation, &c. - - - - - - 197 
 
 of Attorney to receive dividends of Stock ... 197 
 
 to receive the back pay of a deceased Soldier - - - 198 
 
 to receive a Legacy - - - - - -198 
 
 of Attorney to convey Lands ..... 199 
 
 to acknowledge a Deed - - 199 
 
 of Attorney in short form to transfer Stock ... 199 
 
 from the President and Directors of a Corporation to collect Debts 199 
 
 of Attorney to deliver possession of Lands - ""W - 200 
 
 of Attorney to receive Debts - - 201 
 
 from one to his Wife, to receive Wages, &c. ... 201 
 
 to receive principal and interest of the Public Debt - - 201 
 
 of Attorney to make Partition ..... 202 
 
 to Attorney at Law to appear to suit for Defendant - - 202 
 
 by Plaintiff to institute a Suit - ... 203 
 
 by Plaintiff to conduct Suit already brought ... 203 
 
 LETTERS OF LICENSE, 
 
 Remarks on ....... 204 
 
 Letter of License from Creditors ...... 204 
 
 LETTERS OF CREDIT. 
 
 Letter of Credit for Goods ..... 204 
 
 for a limited sum of money ... 205 
 
 MARRIAGES, 
 
 Remarks on ....... 205 
 
 Form for a Marriage Ceremony - ... 207 
 
 Form of Certificate of Marriage ..... 207 
 
 MECHANIC'S LIEN, 
 
 Remarks on - - - *l. . 208 
 Form of Claim by a House Carpenter, against one who is owner 
 
 and contractor, for work and materials for a building - 209 
 
 Plaintiff's Bill of Particulars - 210 
 Form of Claim filed by a House Carpenter against William Burns, 
 owner, and Samuel Dean, contractor, for work and materials for 
 
 a building - ..... 210 
 
 Form of Claim filed by a Brickmaker against one who is owner 
 
 and contractor, for materials furnished for one building - 211 
 B
 
 xiy INDEX. 
 
 MECHANIC'S Li>:\. PAGE 
 
 Form of Claim filed by a Brickmaker against William Burns, 
 owner, and Samuel Dean, contractor, for materials furnished 
 for one building ..... 211 
 
 Form of Claim filed against William Burns, owner, and Samuel 
 
 Dean, contractor, by a Bricklayer, for work ... 212 
 Form of Claim filed against one who is owner and contractor, by 
 
 a Bricklayer, for work - ... 212 
 
 Form of Claim filed by a Lumberman against one who is owner 
 
 and contractor, for lumber furnished for one building - - 213 
 
 Form of Claim filed by a Lumberman against William Burns, 
 owner, and Samuel Dean contractor, for lumber furnished for 
 one building ... . . 214 
 
 Form of Claim filed by a Painter and Glazier, against one who is 
 
 owner and contractor, for work and materials for one building 214 
 Form of Claim by a Painter and Glazier, against William Burns, 
 owner, and Samuel Dean, contractor, for work and materials 
 for one building - ..... 215 
 
 Form of Claim filed by a Brickmaker against one who is owner 
 and contractor, for materials furnished for two or more build- 
 ings where the amount claimed is equally divided - - 215 
 Form of Claim filed by a Brickmaker against one who is owner 
 and contractor, for materials furnished for two or more build- 
 ings, where the amount claimed is unequally divided - - 216 
 Form of Claim filed by a Brickmaker against William Burns, 
 ." owner, and Samuel Dean, contractor, for materials furnished 
 for two or more buildings, where the amount claimed is un- 
 equally divided - ... 217 
 Form of Claim filed by Lumber-merchants (partners) against one 
 who is owner and contractor, for lumber furnished for two or 
 more buildings, where the amount claimed is unequally divided 218 
 MORTGAGES, 
 
 Remarks on ....... 219 
 
 A Mortgage of Indemnity to Bail - - -. - - 221 
 
 A common form of Mortgage for securing the payment of money 
 
 due on a Bond - ..... 222 
 
 For continuing a Mortgage by Indorsement ... 223 
 
 Mortgage to secure indorsers in Bank .... 224 
 
 A short Mortgage of Goods ... 225 
 
 Form of acknowledgment where Deeds and Evidences are deliver- 
 ed to Mortgagee upon the execution of the Mortgage - - 225 
 NOTICES, 
 
 Remarks on ... 225 
 
 Notice to Respondent of the taking of Depositions in application for 
 
 Divorce ....... 226 
 
 of the execution of a Writ of Inquiry - - 226 
 
 of the filing of accounts in Courts - - - 226 
 
 to Constable of a desire to vote for an increase of the number of 
 
 Justices in a District - - 226 
 
 of an Election to change the place of holding Township Elections 227 
 
 by Constable, of the time and place of holding such Election - 227 
 
 . of an Appeal by Overseers of the Poor, from an order of Removal 227 
 
 . of Captain of Militia to non-commissioned officers and privates 
 
 on a requisition from the Governor or President '- 228 
 
 to Officers of their election - - - 228 
 
 of a Rule to take Depositions ... 228 
 
 of proceedings to remove Pauper - - 228 
 
 of a Motion upon a Justice's Judgment - - 229 
 
 of Lumber taken up in Rivers ..... 229 
 
 of Sale in Attachment - .... 229 
 
 of Landlord to Sheriff or Constable to pay Rent out of the pro- 
 ceeds of Sale ....... 229
 
 INDEX. XT 
 
 PAGE 
 
 Notice to Justice of intention to bring suit unless he tender amends - 230 
 
 by Commissioners of the time and place of taking Depositions 230 
 
 of lime and place of taking Depositions on Rule of Court - 230 
 
 of Special Matter ...... 331 
 
 of Justification ....... 231 
 
 to produce Papers .... . 231 
 
 to Constable before bringing suit against him for acts done under 
 
 the authority of a Warrant .... 331 
 
 by Purchaser at Sheriff's Sale, to tenant in possession - - 232 
 
 to Overseers of the Poor who neglect or refuse to comply with 
 
 the orders of relief - .... 232 
 
 of Bail ..... - 232 
 
 of exception to Bail .... . 232 
 
 of justification of Bail - - - 233 
 
 PAPER BOOK, 
 
 Remarks with regard to a - - - - - 233 
 
 Form of - - - - - - - - 233 
 
 PATENTS. 
 
 Information to persons having business at the Patent Office at 
 
 Washington, under the act of Congress, August 29th, 1842 - 234 
 
 Fees payable at the Patent Office .... 235 
 
 Form of Petition - - 236 
 
 Form of Specification ... - 237 
 
 Form of Oath - 238 
 
 Form of withdrawal - - - . 238 
 
 Form of surrender of a patent for re-issue ... 239 
 
 Form of assignment of a right in a patent ... 239 
 
 Form, of Disclaimer - ... 240 
 
 Form of Caveat - - 240 
 
 Form for addition of new improvements - - 241 
 Form of assignment before obtaining Letters Patent, and to 
 
 be recorded preparatory thereto - - 241 
 Form of application for Patents or designs under the Act of 
 
 August 29th, 1842 - - - 242 
 
 Form of Specification - - - 242 
 
 Form of Oath - - - 242 
 
 Letters Patent for a new invention - 243 
 
 PETITIONS. 
 
 Remarks on - .... 243 
 
 Petition to the Governor of a State - - 244 
 
 to the Congress of the United States - - 244 
 
 to the Legislature of Pennsylvania - - 244 
 
 . for laying out a Road - - - 244 
 
 for appointment of Viewers - - *._ 244 
 
 Return of Viewers in favour of the Road - - 245 
 
 Return of Viewers against the Road - - - 245 
 
 Order of Confirmation .... . 246 
 
 for Review - - 246 
 
 Appointment of Reviewers - - 246 
 
 Report of reviewers in favour of the Road ... 247 
 
 Report of reviewers against the Road .... 247 
 
 to vacate a Road - ... . 247 
 Appointment of Viewers - ... 247 
 Report of viewers in favour of vacation - - 248 
 Report of viewers against the vacation - - 248 
 Confirmation by the Court - - 248 
 
 to value lands in case of a Public Road - - 248 
 
 to value lands in case of a Private Road - 249 
 Appointment of viewers - - - 249 
 Oath of viewers ... - .. 249 
 Report of viewers - - *?-$ - - 249 
 Another form of report - 250
 
 Report of viewers 
 Confirmation by the Court 
 for a Bridge 
 
 Appointment of viewers - 
 Report of viewers 
 of Commissioners 
 Order 
 
 Report of viewers 
 Confirmation by Court 
 
 Xvi INDEX. 
 
 PAOB 
 
 Petition for a Gate ....... 250 
 
 Appointment of viewers - - - 250 
 
 251 
 251 
 251 
 251 
 252 
 252 
 252 
 253 
 253 
 
 where a deed is lost, or has become defaced ... 253 
 
 for guardian by minor under the age of fourteen years - - 253 
 
 for guardian for minor over the age of fourteen years - - 254 
 for sale of land by administratrix - 254 
 Inventory of Property and debts ..... 254 
 
 . of administratrix for further time for sale of premises - - 256 
 
 Return upon order of sale ..... 256 
 
 Affidavit upon return of sale - ... 257 
 
 by guardian for sale of land - - 257 
 where master compels apprentice to work at another business, 
 
 beats him, &c. - - - - 258 
 
 where apprentice has been disobedient, idle, &c. - - - 258 
 where apprentice has committed larceny, &c. ... 259 
 for inquest to make partition - - 259 
 for review of account under the act of 13th October, 1840 - 260 
 
 for the appointment of seven men to make partition - - 261 
 for citation to widow to accept or refuse a devise or bequest - 261 
 for a rule on the heirs to come in and accept or refuse to take 
 
 the real estate of decedent at the valuation ... 262 
 . for citation to executors to give security for the execution of 
 
 their trust - ... . 262 
 
 for Habeas Corpus, where petitioner is under arrest on civil 
 
 process - ...... 263 
 
 for Habeas Corpus, where the petitioner is in the criminal de- 
 partment - - 264 
 . for Habeas Corpus, where petitioner is deprived of liberty by 
 
 master or any other person - - 264 
 
 . for Habeas Corpus by a parent for a child - 265 
 
 for Habeas Corpus ad testificandum - - -41 f 265 
 
 . to enter an appeal from an order of removal of pauper - - 265 
 
 for Mandamus ~- - 266 
 
 for the appointment of persons to appraise assigned property - 266 
 
 for a Pedlar's license ..... 266 
 
 for the appointment of auditors on the accounts of guardian - 267 
 
 where trustees of a fund is insolvent, mismanaging, &c. - 267 
 
 where trustee under marr'age settlement is insolvent, &c. - 268 
 
 after trustee is dismissed, ibr appointment of a new one - - 268 
 
 for leave to prove contract of decedent to convey - - 269 
 
 for commission de inebritate inquirendo - - - 270 
 
 of defendant, alleging reformation, and praying the court to 
 
 revoke the original order ... 271 
 
 for a lavern license - .... 271 
 
 to the Legislature for a Turnpike Road - *' - - 272 
 
 to the Legislature for a State Road .... 273 
 
 for erecting a bridge on county line .... 273 
 
 to authorize the Recorder to enter satisfaction upon a mortgage - 274 
 
 to compel a deed for property sold by former sheriff - - 275 
 where former sheriff has gone out of office ... 275 
 
 for subposna in divorce for desertion - - 275 
 
 for subposna in divorce for intolerable treatment - - 276
 
 INDEX. xvii 
 
 PAGE 
 
 Petition for subpoena in divorce for adultery - - 277 
 for divorce from bed and board, and for alimony, for abandon- 
 ment of family - ... . 277 
 for divorce from bed and board, and for alimony, on the 
 
 ground of intolerable treatment - - 277 
 
 of a Husband, respondent, that the Decree of Divorce, a mensa et 
 
 thoro, be annulled - * - 278 
 
 to the Legislature of Pennsylvania for Divorce, ... 279 
 
 Note on Legislative Divorces ..... 279 
 
 to Incorporate a Religious Society - - 279 
 
 Note relative to Courts incorporating religious and other societies 281 
 PBZCIPES. 
 
 Remarks on ...... 281 
 
 PBECIPE for an Original Writ in the Common Pleas ... 281 
 
 ; in Foreign Attachment ..... - f 281 
 
 for Writ of Inquiry of Damages ... - 282 
 
 for Scire Facias to Garnishee - - - * 282 
 
 in Domestic Attachment - - - 282 
 
 in Attachment against Vessels ..... 282 
 
 for fi.fa. for Residue of Judgment ... 282 
 
 for Certiorari to Justice of the Peace .... 283 
 
 for Summons in Covenant ... . 283 
 
 for execution on Judgment affirmed on Certiorari ' - 283 
 
 for Writ of Replevin ..... 283 
 
 for sci. fa. on Writ of Inquiry ... . 283 
 
 for fi.fa. against Plaintiff for Costs .... 2f3 
 
 for sci. fa. to revive Judgment ... 283 
 
 for set. fa. on Mortgage - - - 284 
 
 for Certiorari on Proceedings, to deliver Possession to Sheriff's 
 
 Vendee - - - - - - 284 
 
 for a Writ in Trespass - .... 284 
 
 PBOCLAMATIOIT. 
 
 Remarks on ....... 284 
 
 of a Court Crier on opening Court - - 284 
 
 for Grand Jurors ....... 285 
 
 for Returns of Constables .... 285 
 
 for Discharge of Insolvent Debtors . - - - - 285 
 
 for forfeiting Recognizances - *" - - 285 
 
 for acknowledgment of Sheriff's Deeds - - 285 
 
 of Sheriff for holding Court - - 285 
 
 PUBLIC SCHOOLS. 
 
 Form of Bond of District Treasurer - - *V - 286 
 
 Form of Bond of District Collector .... 287 
 
 Form of Warrant to Collector of School Tax - *<^ - 287 
 
 Form of Certificate of Assessment of School Tax - 288 
 
 Form of Order on District Treasurer - - 289 
 Form of Certificate of Non-payment of Tax on unseated land - . 289 
 Form of Deed of Land to School Directors - - -* 289 
 Form of Lease of School-house and Lot to School Directors - '* 290 
 
 Form of Agreement between School Directors and Teacher - 291 
 
 Form of Certificate to a Teacher - 291 
 RECEIPTS. 
 
 Remarks on ...... 292 
 
 General Form of a Receipt ...... 292 
 
 RECEIPT for Rent .... ... 292 
 
 in another form .... - 292 
 
 paid by a Third Person - - 293 
 
 for Money received from a Third Person - - 293 
 
 for Money received for the use of another ... 293 
 
 for money received in part of a Bond .... 293 
 
 for interest due on a Bond ..... 293
 
 xviii INDEX. 
 
 PAGE 
 
 Receipt to an Administrator ...... 294 
 
 for a Promissory Note ...... 294 
 
 for an Order drawn upon a third person .... 294 
 
 for writings left in a person's bands .... 294 
 
 for Grain from a Miller . - - - - . 294 
 
 for Cattle or Horses put out to Winter .... 295 
 
 for Lading - - - - . . 295 
 
 for money in part payment, for Lading receipted - - 295 
 
 for a Legacy - - - " - - . . 296 
 
 for Boarding ....... 296 
 
 for money at coming of Age ..... 296 
 
 in another form for a Legacy ..... 296 
 
 RECITALS. 
 
 Remarks on ....... 296 
 
 Recital of title by Patent - - 297 
 
 of title by Grant ....... 297 
 
 of title by Devise ....... 297 
 
 of title by Descent ...... 298 
 
 of title by Sheriff ....... 298 
 
 of title by Attorney - - . 298 
 
 of title by Executors ...... 299 
 
 of title by Administratrix ...... 299 
 
 of title by partition by Writ - ... 299 
 
 of title partition by Deed - ..... 300 
 
 of Sale by order of Orphans' Court - - - 300 
 
 of title by Deed - - - .... - - 300 
 
 of title by Will - - - - . 301 
 
 of title by Deed and Will ..... 301 
 
 of estate of an Intestate, conveyed by the heirs ... 301 
 
 of same, valued by order of Court and accepted by one of the 
 
 heirs - - - - - -'- - 302 
 
 of title by Sheriff ...... 302 
 
 RELEASE. 
 
 Remarks on ....... 302 
 
 Release to an Executor - .... **_ 303 
 
 to an Administrator - - 303 
 
 to Guardian ...... 304 
 
 to the father of a bastard - - 304 
 
 of all demands ....... 305 
 
 upon a Mortgage ... . 305 
 
 between co-partners or traders, on settling accounts - - 306 
 
 of Dower by Indorsement - ... 307 
 
 REPORT. 
 
 Remarks on .... 309 
 
 Report of Examiners of Attorney at Law - - 308 
 
 of an Alien - ..... 308 
 
 of Auditors to Orphans' Court on application of Executor, Ad- 
 ministrator or Guardian, to sell or mortgage Real Estate 309 
 . of Auditors on settlement of an Account .... 309 
 
 of Commissioners appointed to lay out State Road - 309 
 
 For Report of Viewers, &c., see PETITIONS. 
 RETDHSS BY SHERIFF. 
 
 Remarks on - 310 
 
 A great variety of Returns by Sheriff from page 310 to page 318. 
 RETUUX BT CONSTABLE. 
 
 Constable's Return to Court of Constable's election - 318 
 
 Notice to Constables elected - - - - - 319 
 
 Constable's Return to Court - - 319 
 
 Return of Constable on Domestic Attachment - - 319 
 
 Return of Constable on Warrant - L -',*- - - 32 
 
 Another Return of Constable on a Warrant ... 320 
 
 Return of Constable on Warrant for Affray - - 320
 
 INDEX. Xix 
 
 PAGE 
 
 Remarks on ----- - 320 
 
 with Clause of Duces Tecum ... 320 
 
 Common form of Subposna before Arbitrators ... 321 
 
 WILL. 
 
 Remarks on - - - - - - -321 
 
 Form for a Will - ... - 322 
 
 Another form of a Will - - 323 
 
 Another form of a Will - - 324 
 
 Another form of a Will - - - - 326 
 
 Codicil, or Supplement to a Will ... . 327 
 
 Another form of Codicil or Supplement to a Will - - 327 
 
 Clause forgiving Debts due from Relations - - 328 
 
 Proviso, in case a Wife should sue for Dower and Thirds - 328 
 To make void Limitations where persons dispute the Validity of 
 
 a Will - 328 
 
 Clause concerning Disputes - .... 329 
 
 Clause of Guardianship of Children - 329 
 
 Conclusion and Attestation of a Will written on several sheets 329 
 
 Renunciation of Executorship - - - 330 
 
 Release of Right to Administration by Widow - 330 
 
 Appointment of a Guardian by a Father for his Son - - 330^ 
 
 Note on the subject of appointing Guardians, &c. - 331* 
 
 Nuncupative Wills - - ... 331 
 
 Proviso for a Will ------- 331 
 
 WRIT OF ERROR. 
 
 Precipe for Writ of Error to Supreme Court . -. - - 332 
 
 Affidavit - - - - *\: - - 332 
 
 Recognizance- ....... 332 
 
 A Glossary of Technical Law Terms - - - - - 333 
 
 APPENDIX. 
 
 PRECEDENTS FOR PROCEEDIKGS IN ADMIRALTY COURTS. 
 
 Remarks on ....... 345 
 
 Libel for Mariners' Wages, with a Claim and Answer ... 345 
 
 in a Cause of Personal Damage, with an Answer ... 347 
 
 do. do. do. ----- 350 
 
 for Collision, with a Claim and Answer .... 351 
 
 by a dissentient Part-Owner (having a majority or a moiety of inte- 
 rest) of a Ship, in order to procure possession ; with an Answer 355 
 
 by'dissentient Part-Owners (owning less than a moiety) of a Ship, 
 
 in order to obtain security; with a Stipulation thereupon - 356 
 
 by a Painter, for Painting and Furnishing a Ship ; with an Answer 357 
 
 in a Cause of Salvage, with a Claim and Answer - - 359
 
 ERRATA. 
 
 Page 28 18th line from bottom, for county read country. 
 " 80 9th line of " Assignment of a Deed," insert, after the word less, the 
 
 following [here insert the chain of title], 
 " 114 13th line from top, for County (in the title to the precedent on that 
 
 page) read Township. 
 
 " 114 17th line from top, for county read township. 
 " 233 4th line from bottom, for sustained read overruled. 

 
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 28 ACKNOWLEDGMENT. 
 
 ACKNOWLEDGMENT. 
 
 Remarks. 
 
 An acknowledgment, is the act <rf the grantor going before a 
 competent officer, and declaring the instrument to be his act and 
 deed, and desiring the same to be recorded as such. The cer- 
 tificate of the officer on the instrument that such a declaration 
 has been made to him, is also called an acknowledgment. The 
 acknowledgment is indispensable, before the instrument can be 
 put upon record. Below will be found the law relating to the 
 officer, before whom the acknowledgment must be made. 
 
 In Pennsylvania, before a judge of the Supreme Court, the 
 Courts of Common Pleas, the District Courts, or before any Mayor 
 or Alderman, or Justice of the Peace of the Commonwealth, or 
 before the Recorder of the City of Philadelphia. 
 
 When made out of the state, and within the United States, the 
 acknowledgment may be before one of the judges of the Supreme 
 or District Courts of the United States, or before any one of the 
 judges or justices of the Supreme or Superior Courts, or courts 
 of Common Pleas of any state or territory within the United 
 States ; and so certified under the hand of the said judges, and 
 the seal of the court. 
 
 Commissioners appointed by the Governor of Pennsylvania, 
 residing in either of the United States or the District of Columbia, 
 are also authorized to take acknowledgment of deeds. When 
 made out of the United States, the acknowledgment may be 
 before any consul or vic.e-consul of the United States, duly ap- 
 pointed for and exercising consular functions in the state, king- 
 dom, county or place where such an acknowledgment may be 
 made, and certified under the public or official seal of such consul 
 or vice-consul of the United States. Act of January 16th, 1827. 
 By the act of May 28th, 1715, S. 4, deeds made out of the pro- 
 vince [state] may be proved by the oath or solemn affirmation of 
 one or more of the witnesses thereunto, before one or more of the 
 justices of the peace of this province [state], or before any mayor 
 or chief magistrate or officer of the cities, towns, or places, where 
 such deed or conveyances are so proved. But by construction 
 it is now established that a deed acknowledged before such officer 
 is valid, although the act declared it shall be proved. 1 Pet. R. 
 433. The certificate of the acknowledgment of a married woman 
 must state, 1st, that she is of full age; 2d, that the contents of 
 the instrument have been made known to her; 3d, that she 
 has been examined separate and apart from her husband ; and, 
 4th, that she executed the deed of her own free will and accord, 
 without any coercion or compulsion of her husband. When lands 
 are situated in any other state, care should be taken by the pur-
 
 ACKNOWLEDGMENT. 29 
 
 chaser to see that the acknowledgment is in accordance with the 
 laws of that state in which such lands are situated. Many persons 
 are careless with regard to this- matter, and such carelessness may 
 involve them in a law suit, if not entirely the loss of such real 
 estate. For the law of the several states relating to the officer 
 before whom the acknowledgment must be made, I would refer 
 -the reader to Bouvier's Law Dictionary, under the title "Acknowl- 
 edgment." 
 
 Acknowledgment of a Deed, Sf-c., by one person. 
 
 Erie County, ss. 
 
 Before me, the subscriber, one of the Justices of the Peace in 
 and for the said county, personally came the above-named John 
 Jones, who in due form of law acknowledged the above Indenture 
 [letter of attorney, release, assignment, &c., as the case may be] 
 to be his act and deed, to the end that the same might be recorded 
 as such. 
 
 In testimony whereof, I have hereunto set my hand and seal 
 this tenth day of January, A*. D. one thousand eight hundred and 
 forty five. 
 
 JOHN KELLOGG. 
 
 Acknowledgment by Husband and Wife. 
 
 Lancaster County, ss. 
 
 Before me, the subscriber, one of the Justices of the Peace in 
 and for the said county, personally came the above-named John 
 Jones and Mary his wife, who in due form of law acknowledged 
 the above Indenture to be their act and deed, and desired that the 
 same might be recorded as such. 
 
 The said Mary being of full age and by me examined separate 
 and apart from her said husband, and the contents of the forego- 
 ing indenture being first made fully known to her, declared that 
 she did voluntarily and of her own free will and accord, seal, and 
 as her act and deed deliver the same, without any coercion or 
 compulsion of her said husband. In testimony whereof, I have 
 hereunto set my hand and seal this, tenth day of January, A. D. 
 one thousand eight hundred and forty five. 
 
 JOHN SMITH.
 
 30 ACKNOWLEDGMENT. 
 
 * t/#n Affidavit where a Deed has not been acknowledged, but 
 proved by a subscribing witness. 
 
 Chester County, ss. 
 
 Be it remembered, that on the tenth day of January, A. D. one 
 thousand eight hundred and forty five, before me, the subscriber, 
 one of the Justices of the Peace in and for the said county, per- 
 sonally came John Parke, of Auburn, in said county, yeoman, one 
 of the subscribing witnesses to the execution of the above indeij- 
 ture, and oeing .duly sworn [or affirmed] upon his oath [or af- 
 firmation] according to law, doth depose and say, that he did see 
 John Jones, the grantor above named, sign and seal, and as his 
 act and deed, deliver the above indenture, deed, or conveyance, 
 for the uses and purposes therein mentioned : and that he did also 
 see William Sankey subscribe his name thereunto as the other 
 witness of such sealing and delivery, and that the name of this 
 deponent thereunto set and subscribed as a witness, is of this 
 deponent's own proper hand-writing. JOHN PARKE. 
 
 Sworn [or affirmed as the case may be] and subscribed the day 
 and year aforesaid, before me. Witness my hand and seal. 
 
 JOHN CORRY, Justice of the Peace. 
 
 Another Affidavit, where a Deed has not been acknowledged. 
 
 City of Philadelphia, ss. 
 
 Be it remembered, that on the tenth day of January, in the year 
 of our Lord one thousand eight hundred and forty five, before 
 me, James Law, Esquire, one of the Aldermen of the said city, 
 personally came Albert Whitman, of said city, and on his solemn 
 affirmation, according to law, doth depose and say, that he was 
 present and did see William Sankey, of the city of New York, 
 merchant, [the grantor in the within indenture named,] sign, seal, 
 and, as his act and deed, deliver the within written indenture, 
 deed or conveyance, for the uses and purposes therein mentioned: 
 and that the same was so signed, sealed and delivered in the pre- 
 sence and hearing of John Newton, of the cTty of Philadelphia, 
 merchant, and of this affirmant ; and that the name William San- 
 key set and subscribed to the said indenture, as the party exe- 
 cuting the same, is of the proper hand-writing of the said William 
 Sankey, and that the names of John Newton and Albert Whitman, 
 also set and subscribed to the said indenture as the witnesses 
 
 * This form of proving deeds is in accordance with the Act of Assembly of 
 Pennsylvania, where deeds are made out of the state. See act of 28ttf May, 1715. 
 1 Smith, p. 94.
 
 
 ACKNOWLEDGMENT. 31 
 
 attesting the due execution thereof, are of the respective hand- 
 writing of the said John Newton and of this affirmant. 
 
 ALBERT WHITMAN. 
 
 Affirmed and subscribed the day and year aforesaid, before me. 
 Witness my hand and seal. 
 
 JAMES LAW, Alderman. __ 
 
 "Sfe 
 
 Acknowledgment by virtue of a Letter of Attorney. 
 
 Berks County, ss. 
 
 Before me, the subscriber, one of the Justices of the Peace in 
 and for the said county, personally came the above-named James 
 Hansen, and in his own name and in the names of his constituents, 
 the above-named John Jones and James Jones, in due form of 
 law acknowledged the above-written indenture to be his own act 
 and deed, and the act and deed of his constituents, the said John 
 Jones and James Jones, by him, the said James Hansen, done and 
 executed by virtue of a letter of attorney to him for that purpose 
 granted; to the end that the same might as such be recorded. In 
 testimony whereof I have hereunto set my hand and seal this 
 tenth day of January, A. P. one thousand eight hundred and 
 forty five. 
 
 WILLIAM SMITH, Justice of the Peace. 
 
 Acknowledgment of Sheriff's Deed. 
 
 Dauphin County, ss. 
 
 Be it remembered, that on this tenth day of January, 
 in the year of our Lord one thousand eight hundred 
 and forty-five, in open Court of Common Pleas, held 
 at Harrisburg, in and for the county of Dauphin, 
 before the Judges of said Court, came John Fox, 
 Esquire, Sheriff of said county, and acknowledged 
 the above deed-poll to be his act and deed, and desired that the 
 said acknowledgment of the said deed might be entered of record 
 in the proceedings of the said Court ; and the same was there- 
 upon entered accordingly. 
 
 In testimony whereof, I have hereunto set my hand, and caused 
 the seal of the said Court to be affixed, the same day and year. 
 
 JOHN JOURDON, Prothonotary.
 
 32 ACKNOWLEDGMENT. 
 
 Acknowledgment by a Corporation. 
 
 City of Philadelphia, ss. 
 
 Be it remembered, that on the tenth day of January, in the 
 year of our Lord one thousand eight hundred and forty-five, 
 before me, John Jay, Esquire, Mayor of the said qity, personally 
 appeared Richard Roe, Esquire, President of the above-named 
 Corporation, and, being duly sworn, deposeth and saith, that he 
 was personally present at the execution of the above-written 
 indenture or deed of conveyance, and saw the common seal of 
 the said corporation of " The President, Directors and Company 
 of the Bank of Pennsylvania" duly affixed thereto, and that the 
 seal so affixed thereto is the common and corporate seal of the 
 said "The President, Directors and Company of the Bank of 
 Pennsylvania," and that the above-written indenture or deed of 
 conveyance was duly signed, sealed and delivered by and at and 
 for the act and deed of the said " The President, Directors and 
 Company of the Bank of Pennsylvania," for the uses and pur- 
 poses therein mentioned; and that the name of this deponent, 
 subscribed to the said deed as President of the said Corporation, 
 in attestation of the due execution and delivery of the said deed, 
 is of this deponent's own proper and respective hand- writing. 
 
 RICHARD ROE. 
 
 Sworn and subscribed the day and year aforesaid, before me. 
 Witness my hand and seal. 
 
 JOHN JAY, Mayor. 
 
 Acknowledgment by Special Partners. 
 
 Lancaster County, ss. 
 
 Before me, one of the Justices of the Peace in and for said 
 county, personally appeared the above-named A. B., C. D. and 
 E. F., who severally, in due form of law, acknowledged the fore- 
 going certificate as and for theirs, and each of theirs act and 
 deed, to the end that the same might be recorded as such. 
 
 Witness my hand and seal, this day of , A. D. 
 
 JOHN GREEN.
 
 ACQUITTANCE. 33 
 
 Acknowledgment of a Writing in English, with a copy in 
 another language. 
 
 Erie County, ss. 
 
 Before me, John Greene, one of the Justices of the Peace in 
 and for the said county, personally appeared the within named 
 William Smith, who in my presence did acknowledge the fore- 
 going - , whereof the annexed purports to be a true trans- 
 lation, to be his voluntary act and deed, and by him delivered 
 to the within named John Jay, for the purposes therein mentioned; 
 the name and seal thereunto prescribed and affixed being the 
 proper hand and seal .of him the said William Smith. 
 
 In testimony whereof, I have hereunto set my hand and seal, 
 this - day of - , A. D. - 
 
 JOHN GREEN. 
 
 ACQUITTANCE. 
 
 Acquittance is an agreement in writing, to discharge a party 
 from an engagement to pay a sum of money ; it is evidence of 
 payment, ft differs from a release in this, that the latter must be 
 under seal, while an acquittance is not under seal. In Pennsyl- 
 vania, a receipt, though not under seal, has nearly the same 
 effect as a release. 1 Rawle JR. 391. 3 Salk. 298. 
 
 Acquittance for Money received on a Sale. 
 
 Know all men by these presents, that I, John Jones, of Erie, 
 in the County of Erie and State of Pennsylvania, do hereby 
 acknowledge myself, upon the day of the date hereof, to have 
 received of William Burns, of Concord, County and State afore- 
 said, the sum of one hundred dollars, being the last payment, and 
 in full, of five hundred dollars by him paid as the consideration 
 of the purchase of a certain tract of land, situate in Concord 
 
 aforesaid, and bounded by lands of , containing fifty acres 
 
 of land, be the same more or less, and by me the said John 
 Jones sold and conveyed to the said William Burns. And of the 
 said whole sum of five hundred dollars, and every part and parcel 
 thereof, I, the said John Jones, do by these presents, for me, my 
 heirs, executors and administrators, acquit and discharge the said 
 William Burns, his heirs, executors and administrators, forever. 
 
 In testimony whereof, I have hereunto set my hand, this tenth 
 day of January, A. D. 1845. 
 
 JOHN JONES.
 
 34 AFFIDAVITS AND OATHS. 
 
 Acquittance for Money received in part of a Bond. 
 
 Received, the first day of January, A. D. 1845, of William 
 Burns, the sum of one hundred dollars, in part payment of the 
 sum of five hundred dollars, due to me by the said William 
 Burns, on his bond dated the first day of January, A. D. 1844. 
 
 JOHN JONES. 
 
 Acquittance for Interest due on a Bond. 
 
 Received, the tenth day of January, A. D. 1845, of William 
 Burns, sixty dollars in full, for one year's interest of one thousand 
 dollars, due to me the tenth day of January, A. D. 1845, on bond 
 of the said William Burns, dated the tenth day of January, A. D. 
 1844. JOHN JONES. 
 
 AFFIDAVITS AND OATHS. 
 
 Remarks. 
 
 An affidavit is an oath or affirmation reduced to writing ; sworn 
 or affirmed to before some officer who has authority to adminis- 
 ter it. 
 
 An oath is a solemn promise, by which he who makes it 
 declares that he will tell the truth, the whole truth, and nothing 
 but the truth, in relation to the matter in question ; and by which 
 the party who takes it, renounces the mercy or imprecates the 
 vengeance of heaven, if he speaks not the truth. Oaths are taken 
 in various forms, upon the Gospel, by taking the book in hand : 
 by holding up the hand ; and by a simple affirmation. 
 
 Affidavit, 
 Where the debt or damages exceed 100 dollars. 
 
 John Jones ^ 
 
 v. > In the Common Pleas of Erie County. 
 
 William Burns 3 
 Erie County, ss. 
 
 Before me, W. K., Esquire, prothonotary of the Court of Com- 
 mon Pleas in and for the county of Erie, personally appeared 
 John Jones, the plaintiff above named, who being duly sworn 
 according to law, deposeth and saith, that he doth truly believe 
 that the debt due by William Burns, the defendant above named, 
 to him the said John Jones, exceeds the sum of one hundred dol- 
 lars. [Or that the damage sustained by him, the said John Jones, 
 from William Burns, the defendant in the above action, exceeds, 
 &c.] JOHN JONES. 
 
 Sworn and subscribed the day of , before me. 
 
 W. K.
 
 / 
 
 , 
 
 AFFIDAVITS AND OATHS. 35 
 
 If a suit is brought in the Court of Common Pleas, with- 
 out the above affidavit being previously filed, and the plaintiff 
 recovers less than $100, he shall recover no costs. 
 
 Affidavit to an Account. 
 
 York County, ss. 
 
 On the tenth day of January, A. D. 1845, before me, the sub- 
 scriber, one of the Justices of the Peace, in and for the said county, 
 
 personally came A. B. of , and being duly sworn according to 
 
 law, deposeth and saith, that the above account as stated, is just 
 
 and true, that the above sum of dollars is now justly due 
 
 and owing to this deponent by the above-named C. D., and that 
 the said A. B. never received the same, or any part thereof, either 
 directly or indirectly, nor any other person for him, by his order, 
 consent or direction, or to his knowledge, and further saith not. 
 
 A. B. 
 
 Sworn and subscribed before me, the day and year aforesaid. 
 
 WILLIAM PATTERSON. 
 \ 
 
 General form of an Affidavit to a Petition, 8fC. 
 
 Adams County, ss. 
 
 Before me, the subscriber, one of the Justices of the Peace, in 
 and for the said county, personally appeared John Jones above 
 named, who being duly sworn according to law, doth depose and 
 say that the facts set forth in the above petition, [or as the case 
 may be,] are true to the best of his knowledge and belief. 
 
 JOHN JONES. 
 
 Sworn and subscribed before me, this 10th day of January, 
 A. D. 1845. 
 
 JOHN CLINE. 
 
 Affidavit on an Appeal from an Award of Arbitrators. 
 
 Berks County, ss. 
 
 Before John King, Prothonotary of the Common Pleas of the 
 county aforesaid, appeared John Jones, the defendant in the above 
 case, who being duly sworn, "doth depose and say, that it is not 
 for the purpose of delay that the appeal in the above case is 
 entered, but because he firmly believes injustice has been done 
 him, and that he has a just and legal defence to the plaintiff's 
 demand, the nature and character of which is, [here set forth the 
 ground of defence,] and further saith not. 
 
 JOHN JONES. 
 
 Sworn arid subscribed the 15th day of January, A. D. 1845. 
 
 JOHN KING, Prothonotary.
 
 
 36 AFFIDAVITS AND OATHS. 
 
 An Affidavit of Defence. 
 John Doe Jn the Common pleas of Cenlre County) of 
 
 Richard Roe \ Januar y Term ' 1845 ' No ' 36 ' 
 Before John Pacher, Prothonotary of the Common Pleas of 
 Centre County, personally appeard Richard Roe, the defendant 
 above named, who being duly sworn according to law, doth de- 
 pose and say, that he has a just and legal defence to the whole of 
 the plaintiff's demand in the above suit, [or so much to which a 
 defence is made,] the nature and character of which is, [here state 
 the facts on which the defence is founded in a clear manner, so 
 that it may be an answer to the plaintiff's demand,] and further 
 saith not. RICHARD ROE. 
 
 Sworn and subscribed the 15th day of January, A. D. 1845. 
 
 JOHN PACHER, Prothonotary. 
 
 Affidavit of the service of Notices, Sfc. 
 
 Cumberland County, ss. 
 
 Before me, the subscriber, one of the Justices of the Peace in 
 and for the said county, personally appeared Alfred King, who 
 being duly sworn, doth depose and say, that he served the within 
 
 on John Jones, within named, on the tenth- day of January, 
 
 A D. one thousand eight hundred and forty-five, by leaving a true 
 and attested copy thereof, at his dwelling-house in Carlisle, in the 
 presence of an adult member of his family. 
 
 ALFRED KING. 
 
 Sworn and subscribed this 10th day of January, 1845. 
 
 JOHN DOE. 
 
 Affidavit of Administrators, Executors, or a Guardian to 
 a final Account. 
 
 Erie County, ss. 
 
 Before me, the subscriber, one of the Justices of the Peace in 
 and for the said county, personally appeared John Duncan and 
 James Jones, administrators aforesaid, [or executors or guardian, 
 as the case may be], who doth depose and say that the above 
 stated account is just and true, to the best of their knowledge and 
 belief. JOHN DUNCAN, 
 
 JAMES JONES. 
 
 Sworn and subscribed, this 10th day of January, A. D. 1845. 
 
 THEODORE RYMAN.
 
 AFFIDAVITS AND OATHS. 37 
 
 Affidavit of an Alien on Petition to become a Citizen. 
 
 Franklin County, ss. 
 
 I, John Sampson, above mentioned, being sworn, in open court, 
 do declare" and say, that the facts stated in the above petition are 
 true ; that I was a resident in the United States prior to and on- 
 
 the day of , A. D. , and have continued to reside 
 
 within the same ; that I will support the Constitution of the 
 United States; that I do hereby renounce and relinquish any 
 title or order of nobility to which I am or hereafter may be enti- 
 tled, and that I do absolutely and entirely renounce and abjure 
 all allegiance and fidelity to any foreign prince, potentate, state or 
 sovereignty whatever, and particularly to the Queen of Great 
 Britain [or as the case may be] of whom I was before a subject. 
 
 Affidavit of a Citizen on the application of an Alien. 
 
 Franklin County, ss. 
 
 John Richards, a citizen of the United States, being duly sworn 
 according to law, saith that he is well acquainted with the within 
 named petitioner, John Sampson ; that the said John Sampson 
 was residing within the limits and under the jurisdiction of the 
 
 United States, between the day of , A. D. and the 
 
 day of , A. D. , and has continued to reside therein, 
 
 and that he is a man of good moral character, attached to the 
 principles of the Constitution of the United States, and well dis- 
 posed to the good order and happiness of the same. 
 
 Affidavit where a Witness to a Deed is deceased or absent. 
 
 Washington County, ss. 
 
 Be it remembered, that on the tenth day of January, A. D. one 
 thousand eight hundred and forty-five, before me, the subscriber, 
 one of the Justices of the Peace in arid for said county, personally 
 appeared Richard Sill, of full age, who being duly sworn, accord- 
 ing to law, doth depose and say, that he is well acquainted with 
 the hand- writing of Alfred King, one of the subscribing witnesses 
 
 to the within , having frequently seen him write, and that he 
 
 verily believes that the name of the said Alfred King, signed to 
 the same as one of the attesting witnesses, is the proper hand- 
 writing- of the said Alfred King, who is now absent, [or deceased, 
 as the case may be]. RICHARD SILL. 
 
 Sworn and subscribed before me, the day and year aforesaid. 
 
 JOHN THOM.
 
 . 
 
 38 AFFIDAVITS AND OATHS. 
 
 Affidavit of Partner under the limited partnership law. 
 
 Allegheny County, ss. 
 
 Before me, the subscriber, one of the Justices of the Peace in 
 and for the said county, personally appeared the above-named 
 John Duncan, one of the general partners of the firm of , re- 
 ferred to in the preceding agreement, arid being duly sworn, did 
 depose and say, that the several sums of money specified therein 
 to have been contributed by each of the special partners therein, 
 
 named to the common stock, to wit : the sum of , &c. &c., 
 
 have been so contributed, and actually, and in good faith paid in 
 cash. Sworn, &c. JOHN DUNCAN. 
 
 An Affidavit to sustain a Writ of Certiorari. 
 
 Westmoreland County, ss. 
 
 John Stewart, above named, maketh oath and saith that it is 
 not for the purpose of delay, that he applies for the above-men- 
 tioned writ of Certiorari, but that the proceedings proposed to be 
 removed, are to the best of his knowledge unjust and illegal, and, 
 
 if not removed, will oblige the said to pay more money than 
 
 is justly due, and further saith not. JOHN STEWART. 
 
 Sworn and subscribed before me, this 10th day of January, 1845. 
 
 JAMES MARSHALL, Proth'y. 
 
 An Affidavit on an Appeal from the Orphan's Court to the 
 Supreme Court. 
 
 In the matter of the estate of 
 
 Lancaster County, ss. 
 
 John Jones, being duly sworn, doth depose and say, that his 
 appeal entered this day, from the sentence or appeal of the Or- 
 phan's Court [specifying the nature thereof] is not intended for 
 delay, but because he verily believes that injustice has been done 
 him. JOHN JONES. 
 
 Sworn, &c. 
 
 Affidavit of the Publication of Notice. 
 
 Bucks County, ss. 
 
 A. B. v. C. D. In the Common Pleas of county of 
 
 Term, 1844. No. . 
 
 E. F., being duly sworn according to law, saith that he is the 
 
 publisher of a weekly newspaper in , called the , and 
 
 that the above notice was published in said newspaper for 
 
 weeks, ending the day of . E. F. 
 
 Sworn and subscribed before me, this 10th day of January, 
 A. D. 1845. 
 
 ISAAC LIGHTNER, Justice of the Peace.
 
 AFFIDAVITS AND OATHS. 39 
 
 Affidavit by Wife, in Action by Husband and Wife for Work 
 by her before Marriage. 
 
 Philadelphia City, ss. 
 
 H. F., the wife of A. B. of the city of Philadelphia, dry goods 
 merchant, being duly sworn (or affirmed) according to law, de- 
 poses and says, that C. D. is justly and truly indebted to the said 
 A. B. and this deponent in five hundred dollars, for work hereto- 
 fore done by this deponent whilst she was sole and unmarried, 
 for the said C. D. at his request. H. F. 
 
 Sworn and subscribed before me, this 10th day of January, 1845. 
 JOHN JAY, Justice of the Peace. 
 
 Affidavit to support a Writ of Domestic Attachment. 
 
 Allegheny County, ss. 
 
 A. B. v. C. D. A. B., the plaintiff above named, being duly 
 sworn, according to law, saith, that C. D., the defendant in the 
 above suit, is now justly indebted to him, the said plaintiff, in the 
 
 sum of dollars, and cents, for divers goods, wares, and 
 
 merchandize, sold and delivered by him to the said defendant at 
 
 his request on the day of , A. D. 1844. That the said 
 
 defendant kept a store in street, in the of , and on 
 
 or about the day of , absconded or departed from his 
 
 usual place of abode, or secreted himself (as the case may be, see 
 1 Miles, p. 75) with intent to defraud his creditors, as the deponent 
 verily believes. That the said defendant has not left in this 
 county a clear freehold estate sufficient to pay his debts, and fur- 
 ther saith not. A. B. 
 
 Sworn and subscribed before me this 10th day of January, 1845. 
 JOHN HIGHLANDS, Justice of the Peace. 
 
 Affidavit on an Appeal. 
 
 Mercer County, ss. 
 
 In the matter of the of A. B. of in the of . 
 
 C. D., being duly sworn according to law, saith, that the appeal 
 made in this case is not for the purpose of delay, but because he 
 verily believes that injustice has been done him. C. D. 
 
 Sworn and subscribed this 10th day of January, A. D. 1845. 
 JOHN STEWART, Justice of the Peace. 
 
 v
 
 40 AFFIDAVITS AND OATHS. 
 
 Affidavit by executor or administrator of his Cause of Action. 
 
 Jefferson County, ss. 
 
 A. B., of - , executor, &c., (or Administrator, &c.,) of C. D., 
 deceased, maketh oath an$ saith, that E. F. is justly and truly 
 indebted to this deponent a executor as aforesaid, in the sum of 
 - dollars for - to the said E. F. by the said C. D. in his 
 life time delivered, as appears by the books of the said C. D., and 
 as this deponent verily believes. A. B. 
 
 Sworn and subscribed before me this 10th day of January, A. 
 
 B. 1845. JOHN JAY, Justice of the Peace. 
 
 Common form of Oath by kissing the Book. 
 You do swear that, &c. - . So help you God. 
 
 Oath of a Witness on a Trial. 
 
 You do swear, that the evidence which you shall give to the 
 court and jury, in this issue joined, wherein A. B. is plaintiff and 
 
 C. D. is defendant, shall be the truth, the whole truth, and nothing 
 but the truth. So help you God. 
 
 Oath ofvoir dire* 
 
 You do swear, that you will true answers make to all such 
 questions as shall be asked you by the court, touching the matter 
 now before them. So help you God. 
 
 Form of Oath by lifting up the right hand. 
 
 You do swear, by Almighty God, the searcher of all hearts, that 
 you will, &c. - , and that as you shall answer to God at the 
 great day. 
 
 Form of Affirmation. 
 
 You do solemnly, sincerely and truly declare and affirm, that, 
 &c. - 
 
 According to the laws of Pennsylvania, only such " as 
 conscientiously refuse to take an oath," can be admitted to affirm. 
 See Head's Digest, 2. 
 
 * Where a party prays, upon a trial at law, that a witness may be sworn as 
 to whether he will gain or lose by the matter in controversy, this is called a voir 
 dire,- and if it appears that the witness is disinterested, his testimony is allowed, 
 otherwise not. 3 Blackstone's Com. 332.
 
 AFFIDAVITS AND OATHS. 41 
 
 Oath of Foreman of a Grand Jury. 
 
 You do swear, that as foreman of this grand inquest you will 
 diligently inquire, and true presentment make, as well of all such 
 matters and things as shall be given you in charge, as of those 
 things which you shall 'know to be presentable here - the 
 Commonwealth's counsel, your fellows' and your own, you shall 
 keep secret - you shall present no one for envy, hatra<J, malice 
 or ill will ; neither shall you leave any one unpresented through 
 fear, favour, affection, reward, gain, or any hope thereof - but 
 you shall present all things truly as they shall come to your 
 knowledge, to the best of your understanding. So help you God. 
 
 Oath of the other Jurors. 
 
 You, and each of you, do swear, that the same oath which your 
 foreman hath taken to observe and keep on his part, you and 
 every of you will well and truly observe and keep on your part. 
 So help you God. 
 
 Oath of Traverse Jury in the Civil Courts. 
 
 You, and every of you, do swear, that you will well and truly 
 try the issue joined between A. B. plaintiff, and C. D. defendant, 
 and a true verdict give according to the evidence, unless dismissed 
 by the court, or the cause be withdrawn by the parties. So help 
 you God. 
 
 Another form of Oath of Traverse Jury in the Criminal Courts. 
 
 You do swear, that you will well and truly try, and true de- 
 liverance make, between the commonwealth of Pennsylvania and 
 the prisoner at the bar, whom you shall have in charge, and a 
 true verdict give according to the evidence. So help you God. 
 
 Oaths of Referees under the Jlct of 1810. 
 
 You, and each of you, do - that you will well and truly try 
 all matters here in variance between -- plaintiff, and -- de- 
 fendant, according to the best of your judgment and the evidence 
 that shall be laid before you. So help, &c. 
 
 Oaths of Referees in Trespass. 
 
 You, and each of you, do -- that you will justly and truly 
 assess the damages [if any] here alleged to have been sustained 
 by -- against - , according to the best of your judgment and 
 the evidence which shall be laid before you. So help, &c. 
 
 N 
 
 ^^^PWB^*"
 
 42 AFFIDAVITS AND OATHS. 
 
 Oath of Referees in Trover and Conversion. 
 
 You, and each of you, do that you will justly and truly 
 
 assess the value of the property in dispute between plaintiff, 
 
 and defendant, according to the best of your judgment, and 
 
 the evidence which shall be laid before you. So help, &c. 
 
 Oaths of Jurors in proceedings to recover Possession after sale 
 
 by Sheriff. 
 
 You, and each of you, do that you will well and truly 
 
 inquire of and concerning the premises in this summons mentioned, 
 and assess such damages [if any] as the complainant hath sus- 
 tained thereby. So help, &c. 
 
 Oath of Claimant of land sold by Sheriff, in proceedings to 
 deliver possession under the J%ct oflftth June, 1836. 
 
 I, A. B., do , that I verily believe that I am legally entitled 
 
 to hold the premises in dispute against the petitioner, that I do 
 not claim the same by, from, or under the defendant, as whose 
 property the same was sold, by title derived to me subsequently 
 to the rendition of the judgment, under which the same were sold, 
 but by a different title, &c. (a* the case may be.} 
 
 Oaths of Jurors under Landlord and Tenant Jlct of 1825. 
 
 You, and each of you, do that you will well and truly 
 
 inquire of and concerning the premises in this precept mentioned, 
 and assess such damages [if any] as the complainant hath sus- 
 tained thereby. 
 
 Oath of Inquest in Partition in the Common Pleas. 
 
 You, and every of you, do that you will well and truly 
 
 view and inquire whether the lands and tenements in- this writ of 
 partition mentioned, can be divided to and among the parties in 
 the said writ named without prejudice to or spoiling the whole, 
 and if you find that the same can be so divided, that then you 
 will make partition thereof accordingly ; but if you find that the 
 same cannot be so divided according to the command of the writ, 
 that then you will make a just valuation and appraisement thereof, 
 according to the best of your knowledge, &c.
 
 AFFIDAVITS AND OATHS. 43 
 
 Oath of Inquest on Real Estate under Execution. 
 
 You, and each of you, do that you will true inquiry make 
 
 whether the rents, issues and profits of the lands, tenements and 
 hereditaments, taken in execution by the sheriff of - county 
 by virtue of certain writs of fieri facias, which will be laid before 
 you, are of a clear yearly value, beyond all reprizes, sufficient 
 within the space of seven years to pay or satisfy the debts or 
 damages in the said writs respectively mentioned, with costs of 
 suit, and a true inquisition thereof make, according to the best of 
 your judgment, &c. 
 
 Oath of Inquest on Writ of Inquiry. 
 
 You, and each of you, do that you will diligently inquire 
 
 what damages A. B.; the plaintiff in this writ named; hath sus- 
 tained against C. D., the defendant in said writ named, as well by 
 occasion of the premises in the said writ specified, as for his costs 
 and charges by him about his suit in that behalf expended, and a 
 true inquisition make, according to law, &c. 
 
 Oath of Inquest on Writ of Liber ari Facias. 
 
 You, and each of you, do that you will diligently inquire, 
 
 and to the best of your knowledge ascertain, the clear yearly 
 value of a messuage,, plantation and tract of land, situate, &c., 
 with the appurtenances, in a certain writ of liberari facias, 
 wherein A. B. is plaintiff, and C. D. is defendant mentioned, and 
 a true inquisition thereof make, according to law and the best of 
 your judgment, &c. 
 
 Oath of Arbitrators. 
 
 You, and each of you, do swear, by Almighty God, the searcher 
 of all hearts, that in this suit, in which A. B. is plaintiff and C. D. 
 is defendant, you will justly and equitably try all matters in vari- 
 ance submitted to you between the parties, and a true award 
 make, according to the evidence, and that as you shall answer to 
 God at the great day. 
 
 Oath of Executors or Administrators. 
 
 You, and each of you, do swear, by Almighty God, the searcher 
 of all hearts, that as Executors [or administrators as the case may 
 be] of A. B., deceased, you will well and truly administer the 
 goods and chattels, rights and credits, of the said decedent, accord- 
 
 '^^^M^'
 
 44 AFFIDAVITS AND OATHS. 
 
 ing to law ; and diligently and faithfully regard, and well and 
 truly comply with the provisions of the law relating to collateral 
 inheritances, and that as you shall answer to God at the great 
 day. 
 
 {CJ A Jew must be sworn on the Old Testament, and with his 
 hat on. 2 <SVr. 821. A Mahometan must be sworn upon the Ko- 
 ran. 2 Str. 1104. The evidence of a Gentoo, sworn according 
 to the ceremonies of his own religion, is admissible. 1 rftk. 21. 
 
 Oath of a Constable attending upon a Jury. 
 
 You do swear, that you will keep this jury in some private 
 and convenient place, and remain there in attendance upon them, 
 that you will suffer no one to speak to them, nor speak to them 
 yourself, unless it be to ask them if they have agreed on their 
 verdict. So help you God. 
 
 Oath of a Witness to the Grand Jury. 
 
 You do swear, that the testimony you shall give to the grand 
 
 inquest for the body of the county of , upon such bills of 
 
 indictment, whereunto you shall be examined, shall be the truth, 
 the whole truth, and nothing but the truth. So help you God. 
 
 Oath of an *ftttorney-at-laiu on his admission to the Bar. 
 
 You do swear, [or affirm,] that you will support the Constitu- 
 tion of the United States, and the constitution of this common- 
 wealth, and that you will behave yourself in the office of attorney 
 within these courts, according to the best of your learning and 
 ability, and with all good fidelity, as well to the court as to the 
 client, that you will use no falsehood, nor delay any person's 
 cause for lucre or malice. 
 
 Oath of Clerk of Markets. 
 
 You do swear, that you will well and truly, to the best of your 
 skill and judgment, do and perform all things enjoined and re- 
 quired of you as clerk of the market, by the laws of this state. 
 So help you God. 
 
 Oath of Constable. 
 
 You do swear, that you will support the Constitution of the 
 United States, and the Constitution of this commonwealth, and 
 perform the duties of the office of constable, for the township 
 
 of , the ensuing year with fidelity, and until you shall be 
 
 legally discharged. So help you God.
 
 * 
 
 . 
 
 AFFIDAVITS AND OATHS. 45 
 
 Oath of Overseer of the Poor. 
 
 You do swear, that you will support the Constitution of the 
 United States, and the constitution of this commonwealth, and 
 perform the duties of the office of overseer of the poor with fideli- 
 ty. So help you God. 
 
 Oath of Appraisers of goods distrained for rent. 
 
 You, A. B., do swear, that you will well and truly, according to 
 the best of your understanding, appraise the goods and chattels of 
 C. D., distrained on for rent, by E. F. So help you God. 
 
 (3 This oath the sheriff or constable, who is aiding and assist- 
 ing in making the distress, is empowered and required to admin- 
 ister. 
 
 Oath of Deputy Surveyor. 
 
 I, A. B., do swear, [or affirm,] that I will do and perform the 
 duties of the office of deputy-surveyor, with fidelity and impar- 
 tiality to all men. 
 
 Oath of Notary Public. 
 
 You do swear, that you, shall and will well and faithfully per- 
 form the duties of your office of notary public, and that you shall 
 and will support the constitution of the commonwealth of Penn- 
 sylvania. So help you God. 
 
 Oath of Sheriff and County Commissioners before the selection 
 . of Jurors. 
 
 You, and each of you, do swear, [or affirm,] that you will use 
 your utmost endeavours and diligence in making an impartial 
 selection of competent persons for jurors during the ensuing year, 
 and that you will not suffer partiality, favour, affection, hatred, 
 malice, or ill-will in any case or respect whatever, to influence 
 you in selecting, drawing or returning of jurors ; but that you 
 will, in all respects, honestly conform to the true intent and mean- 
 ing of the Acts of Assembly, in such case made and provided. .
 
 46 AGREEMENTS. 
 
 ARTICLES OF AGREEMENTS AND CONTRACTS. 
 Remarks. 
 
 A contract is an agreement upon sufficient consideration to do 
 or not to do a particular thing. 
 
 There are agreements by specialty, made by instrument under 
 seal; and agreements without specialty, made by instrument with- 
 out seal or by parol. 
 
 Agreements by seal, are generally of a higher consideration in 
 law than agreements without a seal or by parol ; and it is, there- 
 fore, advisable in contracts to add a seal. 
 
 In effect, there is no difference between an agreement in writ- 
 ing without a seal, and by parol ; except that the former can be 
 more easily proved, and is, therefore, to be preferred. 
 
 Care should be taken to have the agreement or contract clearly 
 understood and expressed. The want of care is a fruitful source 
 of difficulty and law suits. 
 
 To render an agreement complete, six things must concur: there 
 must be, 1st, a personable to contract; 2d, a person able to be 
 contracted with ; 3d, a thing to be contracted for; 4th, a lawful 
 consideration ; 5th, clear and explicit words to express the agree- 
 ment; and 6th, the assent of the contracting parties. Plowd. 
 161; Co. Lilt. 35, b. 
 
 Articles of Agreement for the sale of Land. 
 
 Articles of agreement, made and entered into the first day of 
 May, in the year of our Lord one thousand eight hundred and 
 forty-four, between John Jones of Erie, in the county of Erie, 
 and State of Pennsylvania of the one part, arid William Burns of 
 the same place, of the other part, as follows, to wit : 
 
 The said John Jones, for the consideration hereinafter men- 
 tioned, doth for himself, his heirs, executors and administrators, 
 covenant, promise, grant and agree, to and with the said William 
 Burns, his heirs and assigns, by these presents, that he, the said 
 John Jones, shall and will, on or before the first day of May, one 
 thousand eight hundred and forty-six, at the proper costs and 
 charges of the said John Jones, his heirs and assigns, by good 
 and lawful deed or deeds, well and sufficiently grant, convey and 
 assure, unto the said William Burns, his heirs and assigns in fee 
 simple, clear of all incumbrances, all that messuage or piece of 
 land situate in Erie aforesaid, and bounded and described as fol- 
 lows, [here describe the premises by its boundaries.] 
 
 In consideration whereof, the said William Burns, for himself, 
 his heirs, executors and administrators, doth covenant, promise, 
 and agree, to and with the said John Jones, his heirs and assigns,
 
 it 
 
 AGREEMENTS. ^P 
 
 47 
 
 by these presents, that he, the said William Burns, his heirs, exe- 
 cutors and administrators, or some of them, shall and will well 
 and truly pay, or cause to be paid, unto the said John Jones, his 
 executors, administrators or assigns, the sum of one thousand dol- 
 lars, in manner following, to wit : two hundred dollars on the 
 execution of this agreement, four hundred dollars on the first day 
 of May, one thousand eight hundred and forty-five, and the 
 remaining four hundred dollars, on the first day of May, one 
 thousand eight hundred and forty-six, with annual interest on the 
 whole sum ; and the payment of the said several- sums of money, 
 is declared to be a condition precedent to the execution of the 
 deed or deeds of conveyance aforesaid, by the said John Jones. 
 
 And for the true performance of all and every the covenants 
 and agreements aforesaid, each of the said parties bindeth him- 
 self, his heirs, executors and administrators, unto the other, his 
 executors, and administrators and assigns, in the penal sum of two 
 thousand dollars, lawful money of the United States, firmly by 
 these presents. In witness whereof, the said parties to these pre- 
 sents have hereunto set their hands and seals. Dated the day 
 and year first above written. 
 
 Signed, sealed and de- 
 livered, in the presence of 
 
 JAMES STILES. 
 
 JOHN JONES. 
 
 WILLIAM BURNS. 
 
 Another Agreement for the sale of Land. 
 
 Agreement, made and entered into the tenth day of June, 
 A. D. 1844, between John Jones, of Erie, of the one part, and 
 William Burns, of the same place, of the other part ; witnesseth, 
 that the said John Jones, in consideration of the sum of one hun- 
 dred dollars now paid, and two hundred and forty dollars to be 
 paid when a deed is executed, doth grant, bargain, and sell to the 
 said William Burns, his heirs and assigns, all that piece of ground 
 situated in Erie, and bounded as follows, viz : [here describe the 
 premises by its boundaries,] together with all and singular, the 
 appurtenances thereunto belonging, or in any wise appertaining. 
 
 And the said parties hereby bind themselves, their heirs, execu- 
 tors, and administrators, for the performance of all and ev^ry of
 
 48 . ^^ AGREEMENTS 
 
 the above agreement, as witness their hands and seals this tenth 
 day of June, 1844. 
 
 Signed, sealed and de- } 
 livered, in presence of 5 
 
 JAMES STILES. 
 
 JOHN JONES. 
 
 WILLIAM BURNS. 
 
 Received June 10th, 1844, of William Burns, one hundred dol- 
 lars, the first payment above mentioned. JOHN JONES. 
 
 Another Agreement for the sale of land. 
 
 Articles of agreement, made and concluded the tenth day of 
 May, in the year of our Lord one thousand eight hundred and 
 forty-four, between John Jones, of Erie, in the county of Erie and 
 State of Pennsylvania, of the one part, and William Burns, of the 
 same place, of the other part, as follows, to wit : The said John 
 Jones agrees to sell to the said William Burns all that certain mes- 
 suage or piece of land situated, &c., [here describe the premises,] 
 with the appurtenances, for the sum of five hundred dollars, and 
 will, on or before the fourth day of October next, on the receipt of 
 the said sum of five hundred dollars, at the charges of the said 
 William Burns, execute a proper conveyance thereof, with cove- 
 nant of general warranty, and against incumbrances, to the said 
 William Burns, his heirs and assigns, and the said William Burns 
 agrees that, on the execution of such conveyance, he will pay 
 the said sum of five hundred dollars to the said John Jones or 
 his assigns. 
 
 And it is further agreed, that the conveyance shall be prepared 
 by, and at the expense of the said William Burns, to the appro- 
 bation of the respective counsel of the said John Jones and Wil- 
 liam Burns, and that all taxes and outgoings in respect of the 
 premises, in the meantime, shall be paid by the said John Jones. 
 And it is further agreed, that the said William Burns shall receive 
 the rents and profits of the premises, from this date, to his proper 
 use. 
 
 And it is further agreed, that if the said conveyance shall not 
 
 - be executed, and the purchase money paid, on or before the said 
 
 fourth day of October next, then the said William Burns shall 
 
 pay legal interest for the same from this, date, unto the said John 
 
 Jones.
 
 AGREEMENTS 
 
 49 
 
 In witness whereof the parties to these presents have hereunto 
 set their hands and seals the day and year first above written. 
 
 Sealed and delivered in > 
 presence of 5 
 
 JAMES STILES.! 
 
 JOHN JONES. 
 
 WILLIAM BURNS. 
 
 Agreement for the purchase of Cordwood. 
 
 It is agreed and concluded upon, by and between John Jones, 
 of Erie, of the one part, and William Burns, of Greene, of the 
 other part, that the said John Jones shall, and doth hereby, sell 
 to the said William Burjis all the cordwood that shall arise from 
 the trees and parcels of trees now growing and standing on a cer- 
 tain piece of rough ground, situated &c., [here describe the ground,] 
 after the rate of fifty cents per cord, each cord to be in measure 
 according to the usual measure of cordwood. 
 
 And the said John Jones for himself, his heirs, executors and 
 administrators, doth covenant and promise to and with the said 
 William Burns, his executors, administrators and assigns, as fol- 
 lows, viz : That he, the said John Jones, shall and will, at his own 
 proper cost and charges, rank up all the trees and parcels of trees 
 growing and being upon the said piece of land as shall be fit to 
 convert into cordwood as aforesaid. 
 
 And also shall and will permit and suffer the said William 
 Burns, his executors or assigns, at his or their own cost and 
 charges, as well to cut and convert the said cordwood into char- 
 coal, at the east end of the said piece of land, whereon the said 
 trees or the greatest part of them now stand, and also to take the 
 turf, dust and earth, from off the said piece of ground, and not 
 elsewhere, with free liberty of carrying away the same wood so 
 converted into charcoal, from off the said premises, the most con- 
 venient way leading to the road that leads to . And the 
 
 said William Burns doth hereby for himself, his executors and 
 administrators, covenant and promise to and with the said John 
 Jones, his heirs and assigns, that he, the said William Burns, his 
 executors or administrators, shall and will well and truly pay, or 
 cause to be paid unto the said John Jones, the full and entire sum 
 of fifty cents per cord, for each and every cord measured as afore-
 
 50 
 
 AGREEMENTS. 
 
 said, on or before the first day of April next, 
 and seals this tenth day of June, A. D. 1844. 
 
 Sealed and delivered in 
 presence of 
 
 JAMES STILES. 
 
 JOHN JONES. 
 
 WILLIAM BURNS. 
 
 Witness our hands 
 
 Agreement for Building a House. 
 
 Articles of agreement, made and concluded, the first day of 
 August, one thousand eight hundred and forty four, between John 
 Jones, of Mercer, in the county of Mercer, and state of Pennsyl- 
 vania, of the one part, and William Burns, of the same place, of 
 the other part, as follows, viz : The said John Jones, for the con- 
 siderations hereinafter mentioned, doth for himself, his executors 
 and administrators, covenant, promise and agree, to and with the 
 said William Burns, his executors, administrators and assigns, 
 that he, the said John Jones, shall and will, within the space of 
 six months from the date hereof, in a good and workmanlike man- 
 ner, and according to the best of his art and skill, well and sub- 
 stantially erect, build, set up, and finish one house or messuage, 
 at Mercer aforesaid, of the dimensions following, viz : [here de- 
 scribe the House,] and compose the same with such stone or brick, 
 timber, and other materials as the said William Burns, or his 
 assigns, shall find and provide for the same. 
 
 In consideration whereof, the said William Burns, doth for him- 
 self, his execlitors and administrators, covenant and promise to 
 and with the said John Jones, his executors, administrators and 
 assigns, well and truly to pay, or cause to be paid, unto the said 
 John Jones, his executors, administrators and assigns, the sum of 
 six hundred dollars, in manner following, viz : Two hundred dol- 
 lars, part thereof at the beginning of the said work ; two hundred 
 dollars more thereof, on the first day of November next ; and the 
 remaining two hundred dollars in full for the said work, when 
 the same shall be completely finished. 
 
 And also, that he, the said William Burns, his executors, ad- 
 ministrators or assigns, shall and will at his and their own proper 
 expense, find and provide all the stone, brick, tile, timber and 
 other materials, necessary for making and building of the said 
 House. 
 
 And for the true performance of all and every the covenants and 
 agreements aforesaid, each of the said parties bindeth himself, his
 
 AGREEMENTS. 51 
 
 heirs, executors and administrators, unto the other, his executors, 
 administrators and assigns in the penal sum of twelve hundred 
 dollars firmly by these presents. In witness whereof, the said 
 parties to these presents have hereunto set their hands and seals, 
 the day and year first above written. 
 
 Sealed and delivered in 
 presence of 
 
 JAMES STILES. 
 
 JOHN JONES. 
 
 WILLIAM BURNS. 
 
 Agreement for performing Bricklayer's and Plasterer's ivork 
 in building a House. 
 
 It is agreed, this first day of January one thousand eight hun- 
 dred and forty five, between John Jones, of Pittsburgh, of the 
 one part, and William Burns, of the same place, of the other part, 
 as follows, viz : The said John Jones, for the considerations herein- 
 after mentioned, doth for himself, his heirs, executors and adminis- 
 trators, covenant, promise and agree, to and with the said William 
 Burns, his executors, administrators and assigns, that he, the said 
 John Jones, his executors, administrators, workmen, or assigns, in 
 sufficient and workmanlike manner, at his and their own charges, 
 with the materials to be for that purpose provided by the said 
 William Burns, shall and will do and perform all the work and 
 workmanship belonging to the bricklayer and plasterer, in and 
 about the erecting and building of one good and substantial new 
 messuage or tenement, in the room and place whereon lately stood 
 a certain house belonging to the said Burns, in Pittsburgh afore- 
 said, and will build the same in such manner, and with such thick- 
 ness of walls, height or stories, and such or so many lights, chim- 
 neys and conveniences, and in such manner, and will do and 
 perform such ornamental work about the said building, as the 
 said Burns, his executors or assigns, shall order and direct, and 
 that he, the said Jones, will use his utmost care in working up 
 the said Burns' materials for the said building to the most advan- 
 tage, and will also pay and discharge all his said workmen to be 
 employed in and about the same : and will completely finish all 
 the said work and workmanship belonging to the bricklayer and 
 plasterer for building the said intended messuage, on or before the 
 first day of September next ensuing the date hereof. In considera- 
 tion of which said works so to be done and performed as afore- 
 said, he, the said Burns, for himself, his executors, administrators 
 
 i
 
 52 AGREEMENTS. 
 
 and assigns, doth covenant, promise and agree, to and with the 
 said Jones, his executors, administrators and assigns, by these pre- 
 "sents, that he, the said Burns, his executors, administrators and 
 assigns, shall and will well and truly pay, or cause to be paid, unto 
 the said Jones, his executors, administrators, and assigns, for all 
 such work which shall be by him and them done and performed 
 in and about the said building, ornamental work excepted, at and 
 
 after the rate of per yard, for every yard which the said 
 
 work shall measure, accounting three feet square for every yard, 
 
 and dollars in full for all the said ornamental work to be 
 
 done and performed as aforesaid : but nothing is to be measured 
 or paid for that is not covered with plaster, nor is any extra charge 
 to be made or allowed, for corners, arches, jams, joints, fire-places, 
 or any other kind of work whatever, usually or at any time rated 
 as extra, but the whole is to be measured as plain ; and the said 
 Burns will pay all the said money in manner following, viz : [in- 
 sert the terms of payment.] In witness whereof, the -parties to 
 these presents have hereunto set their hands and seals the day and 
 year first above written. 
 
 Sealed and delivered in ) 
 presence of 3 
 
 JAMES STILES. 
 
 JOHN JONES. 
 
 WILLIAM BURNS. 
 
 Agreement with a Millwright. 
 
 Articles of agreement made and concluded the first day of 
 June, A. D. 1844, between John Jones, of .Reading, Berks County, 
 Pennsylvania, of the one part, and William Burns, of the same 
 place, of the other part. The said John Jones, for the considera- 
 tions hereinafter mentioned, doth hereby covenant and agree to 
 and with the said William Burns, in manner following, to wit: 
 That he the said John Jones from the day of the date hereof, for 
 and during the full term of three years, if they the said John 
 Jones and William Burns shall both so long live, shall and will 
 at the now dwelling-house of him, the said William Burns, situ- 
 ated in Reading aforesaid, or at such other place or places, (if by 
 him the said William Burns, from time to time so required, 
 ordered and directed,) work as a journeyman, and well and truly 
 and faithfully serve him the said William Burns, in the business 
 of a millwright, carpenter, joiner, turner, and in all such other 
 arts, mysteries, and work as he, the said John Jones, now is, or 
 shall be any wise capable of doing or performing, during the term 
 
 ,
 
 AGREEMENTS. 53 
 
 aforesaid, and that, according to the best of his, the said John 
 Jones's ability, knowledge, and judgment therein : and that he, 
 the said John Jones, during the continuance of the said term, shall 
 yearly work and perform the trade or business aforesaid for him, 
 the said William Burns, in manner as follows, viz : from the 
 twenty-second day of March to the twenty-second day of Sep- 
 tember, from the hours of six in the morning to six in the even- 
 ing, and from the twenty-second day of September to the twenty- 
 second day of March, from daylight to daylight, and that daily, 
 (sickness, Sundays, Christmas, New-Year's day, the fourth day of 
 July, and such days as he may be lawfully required to muster as 
 a militia-man, and usual hours of breakfast and dinner, only 
 allowed and excepted.) And further, that he, the said John Jones, 
 during the term aforesaid, shall not at any time absent himself 
 from such service of the said William Burns, nor work, do, or 
 perform any part of the said trade or business aforesaid, for the 
 use or benefit of any other person or persons whomsoever, with- 
 out the consent of the said Burns, first had in writing for that 
 purpose. And the said William Burns doth hereby covenant, 
 promise, and agree to and with the said John Jones, that he, the 
 said William Burns, shall and will well and truly pay, or cause to 
 be paid unto the said John Jones, for his said services, the sum of 
 thirty dollars per month, and board him during the said time. 
 
 Witness our hands and seals, the day and year aforesaid. 
 
 Sealed and delivered in } 
 presence of 5 
 
 JAMES STILES. 
 
 JOHN JONES. 
 
 WILLIAM BURNS. 
 
 Agreement on a sale of Wheat. 
 
 It is this day agreed, by and between John Jones, of Butler, 
 Butler county, Pennsylvania, and William Burns of the same 
 place, as follows : the said John Jones, in consideration of two 
 hundred bushels of wheat, sold to him this day by the said Wil- 
 liam Burns, and by him agreed to be delivered to the said John 
 Jones, free of all charges, on or before the first day of January 
 next, shall and will pay, or cause to be paid, to the said William 
 Burns, or his assigns, within three months after such delivery, the 
 sum of one hundred and fifty dollars. And the said William 
 Burns, in consideration of the agreement aforesaid, of the said 

 
 54 
 
 AGREEMENTS. 
 
 John Jones, doth promise and agree, on or before the first day of 
 January next aforesaid, at his own proper expense, to send in and 
 deliver to the said John Jones, or his assigns, the said two hun- 
 dred bushels of wheat, so sold him as aforesaid, and that he, the 
 said William Burns, shall and will warrant the same to be good, 
 clean, and merchantable grain. 
 
 Witness our hands and seals this tenth day of June, A. D. 1844. 
 
 Witness present, 
 
 JAMES STILES. 
 
 JOHN JONES. 
 
 WILLIAM BURNS. 
 
 Jin Agreement for the sale and delivery of Coal. 
 
 Memorandum of agreement, made this day between John 
 Jones and William Burns, both of Pittsburgh, as follows : that he, 
 the said William Burns, for the consideration hereinafter men- 
 tioned, hath sold, and by these presents doth agree, to deliver to 
 the said John Jones, at his furnace in Pittsburgh, free of all 
 charges and expenses whatsoever, one hundred tons of coal, from 
 time to time, between the date of these presents, and the first day 
 of January next, in such quantities, and at such times, as the said 
 John Jones shall require, and the whole to be delivered on or be- 
 fore the said first day of January ; and the said John Jones agrees 
 to pay to the said William Burns therefor, the sum or price of 
 per ton, the one-half to be paid in such wares as are manu- 
 factured at the furnace of the said John Jones, and the remaining 
 half in cash, on the first day of January next. 
 
 Witness our hands and seals this first day of November, A. D. 
 1844. 
 
 Witness present, 
 
 JAMES STILES. 
 
 JOHN JONES. 
 
 WILLIAM BURNS.
 
 AGREEMENTS. **55 
 
 Jin Agreement for letting a House. 
 
 It is agreed, this tenth day of March, A. D. 1845, between John 
 Jones.of Erie, Erie county, Pennsylvania, of the one part, and Wil- 
 liam Burns, of the same place, of the other part, as follows : the 
 said John Jones doth let unto the said William Burns, all that cer- 
 tain house and lot of ground situate [here describe the premises], 
 for one year from the first day of April next, and for such longer 
 time after the 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 leaving the said premises, at, and for the yearly rent of one 
 hundred dollars, to be paid quarterly, on the first days of July, 
 October, January and April, by even and equal portions, which 
 said yearly rent, payable quarterly, as aforesaid, the said William 
 Burns doth hereby, for himself, his executors and administrators, 
 covenant and agree to pay the said John Jones, his executors, 
 administrators and assigns, accordingly, for so long a time as he 
 shall hold and enjoy the said premises 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. 
 
 Witness our hands and seals, the day and year first above 
 written. 
 
 Witness present, 
 
 JAMES STILES. 
 
 JOHN JONES. 
 
 W 7 ILLIAM BURNS. 
 
 Agreement between a Housekeeper and his Lodger. 
 
 It is agreed, by and between A. F., of and C. D. of , 
 
 as follows, viz. : The said A., in consideration of the rent herein- 
 after mentioned and agreed to be paid to him, hath let to the said 
 C., two rooms, up one pair of stairs forwards, part of the now 
 
 dwelling-house of the said A. F. situated in , together with 
 
 the furniture at present standing therein; that is to say, two tables, 
 &c. To hold to the said C. D., for the term of three years, to 
 commence from the first of April next, at the yearly rent of fifty 
 dollars, to be paid quarterly, to wit, on the first days of July, Oc- 
 tober, January, and April. 

 
 56' * AGREEMENTS. 
 
 The said C. D., in consideration hereof, agrees to pay to the 
 said A. F., or his assigns, the aforesaid yearly rent of fifty dollars, 
 at the times above limited for payment thereof; and at the end of 
 the term, or in case of any default in payment, shall and will, 
 on request of the said A. F., or his assigns, immediately yield and 
 deliver up to him or them, the peaceable and quiet possession of 
 the said room, together with the whole furniture, he, from the 
 first entrance thereon there found and possessed, in good and 
 sufficient order and condition, reasonable wear and tear only 
 excepted. 
 
 In witness, &c. 
 
 For the Sale of a parcel of Trees growing, and liberty to cut 
 down and carry them away, <*c. 
 
 Articles of agreement, indented, &c. between John Jones of 
 of the one part, and William Burns, of , merchant, of 
 
 the other part, in manner following, that is to say : 
 
 The said John Jones, in consideration of fifty dollars, to him in 
 hand paid, at , by the said William Burns, the receipt where- 
 of is hereby acknowledged, and in consideration of the further 
 sum of fifty dollars, to be paid by the said William Burns, his 
 executors or administrators, as hereunder is mentioned, hath 
 granted, bargained, and sold, and by these presents doth grant, 
 bargain, and sell, unto the said William Burns, his executors, 
 administrators, and assigns, one hundred of the oak trees, now 
 standing and growing in and upon the farm called Brookland, in 
 
 the county of , now in the tenure of John Jay, which the 
 
 said William Burns, his executors or assigns, shall think fit to 
 choose, together with the tops and bark of and belonging to the 
 said one hundred trees hereby sold. And the said John Jones for 
 himself, his executors, administrators, and assigns, doth covenant, 
 promise, and agree to and with the said William Burns, his ex- 
 ecutors, administrators, and assigns, by these presents, that at all, 
 
 or any time or times, until the , which will be in the year of 
 
 our Lord , he, the said William Burns, his executors, work- 
 men, servants, or assigns, shall and may have free liberty of in- 
 gress, egress, and regress, into and from all or any part of the 
 lands and grounds belonging to the farm aforesaid, with horses, 
 carts, and carriages, to take, fell, cut down, and carry away the 
 said one hundred trees, and the tops and bark thereof, to and for 
 his and their own use and uses ; and like liberty to dig saw-pits 
 in convenient places in the said grounds, and therein to saw, cut 
 out, and convert all, or so many of the said trees as he or they 
 shall think fit, for the better coriveniency or carriage thereof. And 
 the said William Burns, for himself, his executors, administrators, 
 and assignS, doth covenant, promise and agree, to and with the 
 said John Jones, his executors, administrators and assigns, by
 
 AGREEMENTS. 57 
 
 these presents, as followeth : that is to say, that within the time 
 aforesaid, he, the said William Burns, his executors, administra- 
 tors, workmen, or assigns, will choose out, and at his and their 
 own charge fell, cut down, and carry away, the said one hundred 
 trees so sold to him as aforesaid ; and in consideration and in full 
 for the purchase thereof, shall and will truly pay, or cause to be 
 paid, unto the said John Jones, his executors, administrators, or 
 assigns, the sum of one hundred dollars, in the manner following, 
 
 viz : part thereof on the : next ensuing the date of these 
 
 presents, and the remaining sum of , on the next fol- 
 lowing. In witness, &c. 
 
 t/tfn Agreement with a Manager. 
 
 * Articles of agreement made and entered into the tenth day of 
 March, in the year of our Lord one thousand eight hundred and 
 forty five, between John Jones, of Harrisburg, in the county of 
 Dauphin, and State of Pennsylvania, of the one part, and William 
 Burns, of the same place, of the other part, as follows, viz : The 
 said John Jones, for the consideration hereinafter mentioned, doth 
 covenant and agree, well, truly, and faithfully, to serve the said 
 William Burns, his heirs and assigns, as his book-keeper, over- 
 seer and manager, at his furnace in Harrisburg, wherein he is 
 skilled, from this tenth day of March, A. D. 1845, for and during 
 the term of one year, next ensuing, and fully to be completed, 
 and ended, during which term, he, the said John Jones, shall and 
 will be ready at all times, to render just and true accounts unto 
 the said William Burns, of all work, matters and things to be 
 done and performed at the furnace aforesaid ; and shall not, nor 
 will, at any time during the said. term, wilfully neglect or depart 
 from the said service or employment ; nor do or cause, or wil- 
 fully suffer to be done, or caused, any act or thing whatsoever, to 
 the prejudice of the said William Burns, his heirs or assigns, in 
 his furnace aforesaid ; but on the contrary, shall order and direct 
 all workmen, servants and persons, employed in the furnace afore- 
 said, to do their work, service and duty, to the utmost of his. skill, 
 knowledge and ability, and for the most profit and advantage of 
 the said owner. 
 
 And the said William Burns, for himself, his heirs and assigns, 
 doth covenant and agree, to and with the said John Jones, his 
 executors, administrators and assigns, by these presents, that he, 
 the said William Burns, shall and will well and truly pay, or 
 cause to be paid unto the said John Jones, for his services afore- 
 said, the just and full sum of six hundred dollars, over and besides 
 finding and providing for him, the said John Jones, sufficient meat, 
 drink, washing and lodging, during the said term : and also, shall 
 and will, at his own proper cost and charges, supply the said John
 
 58 AGREEMENTS. 
 
 Jones with all things needful and necessary, for carrying on the 
 work of the said furnace. 
 
 And, for the true performance of all and every the covenants 
 and agreements aforesaid, each of the said parties bindeth him- 
 self, his heirs, executors and administrators, unto the other, his 
 executors, administrators and assigns, in the penal sum of twelve 
 hundred dollars, firmly by these presents. In witness whereof, 
 the parties to these presents have hereunto set their hands and 
 seals, the day and year first above written. 
 
 Sealed and delivered in > 
 presence of 3 
 
 JAMES STILES. 
 
 JOHN JONES. 
 
 ^ 
 WILLIAM BURNS. ' 
 
 Agreement or Articles of co-partnership between Partners. 
 
 Articles of agreement, made and concluded, the first day of 
 May, in the year of our Lord one thousand eight hundred and 
 forty four, between John Jones, of Lancaster, in the county of 
 Lancaster, and State of Pennsylvania, of the one part, and Wil- 
 liam Burns, of the^ame place, of the other part. 
 
 The said parties have agreed, and by these presents do agree, 
 to associate themselves in the art and trade of buying, selling, 
 vending and retailing, all sorts of wares, goods and commodities, 
 belonging to the trade or business of merchandise ; which said 
 co-partnership shall continue from the date of these presents, for 
 and during, and to the full end and term of four years, next 
 ensuing. 
 
 And, to that end and purpose, he, the said John Jones, hath, 
 the day of the date of these presents, delivered in as stock, the sum 
 of five thousand dollars, and the said Williams Burns, the sum 
 of five thousand dollars, to be used, laid out, and employed, in 
 common between them, for the management of the said business 
 to their general advantage. 
 
 And it is hereby agreed between the said parties, each for him- 
 self respectively, and for his own particular part, and for his 
 respective executors and administrators, doth covenant, promise, 
 and agree, each with the other of them, his respective executors 
 and administrators, in manner following, that is to say: 
 
 That they shall not, nor will not, at any time hereafter, exer-
 
 AGREEMENTS. 59 
 
 else, or follow the said trade, or any other, during the said term, 
 to their private benefit and advantage, but shall and will, from 
 time to time, and at all times, during the said term, (if they shall 
 so long live,) do* their best endeavours, to the utmost of their skill 
 and ability; for their mutual advantage, with the stock as afore- 
 said, and the increase thereof. 
 
 And also, that they shall and will, during the said term, dis- 
 charge equally between them, the rent of the premises which 
 they sr&ll rent, or hire, for the managing of the trade or business 
 aforesaid. 
 
 And that all such profit, gain and increase as shall arise, by 
 reason of the said joint business, shall be equally and proportion- 
 ably divided between them, share and share alike. And also, all 
 losses, as shall happen in the said business, by bad debts, ill com- 
 modities, or otherwise, shall be paid and borne equally between 
 them. 
 
 And further, it is agreed between them, that there shall be kept, 
 during the said term, and joint business, perfect, just 'and true 
 books of accounts, wherein each of the said co-partners shall enter 
 and set down, as well all the money by him received and expend- 
 ed, in and about the said business, as also all commodities and 
 merchandise by them bought and sold, by reason and on account 
 of the said co-partnership, and all other matters and things in any 
 wise belonging or appertaining thereto, so that either of them 
 may, at any time, have free access thereto. 
 
 And also, that the said co-partners, once in three months, or 
 oftener, if need shall require, upon the request of any one of them, 
 shall make and render each to the other, or to the executors and 
 administrators of each other, a true and perfect account of all profits 
 and increase by them made, and of all losses sustained ; and also 
 of all payments, receipts, disbursements, and all other things what- 
 soever, by them made, received and disbursed, acted, done and 
 suffered, in the said co-partnership ; and the account so made, 
 shall and will clear, adjust, pay and deliver, each unto the other, 
 at the time of making such account, their equal shares of the 
 profit so made, as aforesaid. 
 
 And at the end of th said term of four years, or other sooner 
 determination of these presents (be it by the death of one of the 
 said parties 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 executors or administrators of the party deceased, shall and 
 will make a true and final account of all things, as aforesaid, and 
 in all things well and truly adjust the same; and also, that* upon 
 making such account, all and every the stocks and stocks, as well 
 as the gain and increase thereof, which shall appear to be remain- 
 ing, shall be equally parted and divided between them, the said co- 
 partners, their executors or administrators, share and share alike. 

 
 60 AGREEMENTS. 
 
 In witness whereof, the said parties to these presents have here- 
 unto set their hands and seals the day and year first above written. 
 
 Sealed and delivered in 
 presence of 
 
 JAMES STILES. 
 
 JOHN JONES. 
 
 WILLIAM BURNS. 
 
 Agreement or Articles of copartnership between an active and 
 silent Partner. 
 
 Articles of agreement, made and concluded, the tenth day of 
 June, one thousand eight hundred and forty four, between John 
 Jones, of the city of Philadelphia, of the one part, and William 
 Burns, of the same place, of the other part, as follows, to wit : 
 
 First. The said John Jones and William Burns have joined, 
 and by these presents, do join themselves together as copartners, 
 under the name and firm of John Jones & Co., for the purpose of 
 carrying on, in the city aforesaid, the dry goods, grocery, and 
 hardware business, and for the buying, selling and retailing of 
 goods, wares and merchandise, belonging to the said trade or 
 business, which said copartnership is to continue for the term of 
 six years fronf the date hereof, unless sooner dissolved by death 
 or otherwise. 
 
 Second. The said William Burns agrees to furnish to the said 
 copartnership, a sufficient stock of suitable goods, wares and mer- 
 chandise, for commencing said business, not exceeding in amount 
 one thousand dollars, to be charged to the said copartnership at 
 first cost, and from time to time, as such stock shall be reduced, 
 by sales or otherwise, to renew and replace the same upon the 
 like terms. 
 
 Third. The said John Jones agrees, that he will not, without 
 the express consent of the said William Burns, purchase nor pro- 
 cure on account of, or for the purpose of the said copartnership, 
 any goods^wares or merchandise, in the line of the said joint 
 business, from any other person than the said William Burns, or 
 in airy other way than is provided for in the foregoing articles ; 
 unless the said William Burns, by his consent in writing, shall 
 authorize the said John Jones so to do. 
 
 Fourth. The said John Jones further agrees, that he will take 
 upon himself the sole care and management of the said joint busi- 
 ness, will attend to sales, keep accurate accounts of all transactions
 
 AGREEMENTS. 61 
 
 relating to the said joint business, and will devote his care, labour 
 and diligence exclusively to the superintendence thereof. 
 
 That he will, from time to time, as often as required by the said 
 William Burns, remit to him all moneys received from such sales, 
 on the joint account, after deducting all necessary expenses in the 
 prosecution of the said business to advantage ; and that he will 
 further, whenever required by the said William Burns, exhibit to 
 him all books and accounts in relation thereto. 
 
 Fifth. The said John Jones further agrees, that he will not, 
 during the said term of six years, use, exercise, or follow the said 
 business, for his own private benefit or advantage ; but that he 
 will, at all times, during the continuance of the said copartnership, 
 do his best endeavours for their joint benefit and advantage. 
 
 Sixth. It is further agreed, by and between the parties afore- 
 said, that all gain, profits and increase, as shall arise from the said 
 joint business, shall from time to time, during the said term, be 
 equally divided between them, share and share alike ; and also, 
 that all losses that shall happen to their said joint trade, by bad 
 debts, or otherwise, shall be paid and borne equally between them. 
 
 Lastly? It is further agreed, that at the end of the said term 
 of six years, or upon a sooner termination of the said copartner- 
 ship, by death or otherwise, the stock and profits which may then 
 be on hand, and all other the property of the said copartnership, 
 shall, after the payment of all debts by the said copartnership, be 
 equally divided between the said John Jones and William Burns, 
 or if either of them be dead, between the survivor and the legal 
 representatives of the party deceased. 
 
 In witness whereof, the said parties to these presents, have here- 
 unto set their hands and seals, the day and year first above written. 
 
 Sealed and delivered in 
 presence of 
 
 JAMES STILES. 
 
 JOHN JONES. 
 
 WILLIAM BURNS. 
 
 Agreement on articles of Copartnership between two 
 Tradesmen. 
 
 Articles of agreement, made and concluded the first day of 
 January, A. D. one thousand eight hundred and forty-five, be- 
 tween John Jones, of Pittsburgh, in the county of Allegheny and 
 State of Pennsylvania, of the one part, and William Burns, of 
 F
 
 62 AGREEMENTS. 
 
 the same city, county and state aforesaid, of the other part. In, 
 the first place, the said John Jones and William Burns have 
 agreed, and by these presents do agree, to become copartners 
 together in the art or trade of painting, and all things thereto be- 
 longing, and also in buying, selling, vending, and retailing all sorts 
 of wares, goods and commodities, belonging to the said trade of 
 painting; which said copartnership, it is agreed, shall continue 
 
 from , for and during, and unto the full end and term of ten 
 
 years, from thence next ensuing, and fully to be completed and 
 ended. And to that end and purpose, he the said John Jones, 
 hath the day of the date of the presents delivered in as stock, the 
 
 sum of , and the said William Burns, the sum of , to be 
 
 used, laid out, and employed, in common between them, for the 
 management of the said trade of painting, to their utmost benefit 
 and advantage. And it is hereby agreed between the said par- 
 ties, and the said copartners each for himself respectively, and for 
 his own particular part, and for their respective executors and 
 administrators, doth covenant, promise, and agree, each with the 
 other of them, his respective executors and administrators, by 
 these presents, in manner and form following, that is rB say : 
 
 That they, the said copartners, shall not nor will not at any time 
 hereafter, use, exercise, or follow, the trade of painting aforesaid, 
 or any other trade whatsoever, during the said term, to their pri- 
 vate benefit and advantage; but shall and will, from time to time, 
 and at all times during the said term, (if they shall so long live,) 
 do their and each of their best and utmost endeavours, in and 
 by all means possible to the Utmost of their skill and power, for 
 their joint interest, profit, benefit, and advantage : and truly em- 
 ploy, buy, sell, and merchandize, with the stock as aforesaid, and 
 the increase thereof in the trade of painting aforesaid, without 
 any sinister intention or fraudulent endeavours whatsoever. And 
 also, that they, the said copartners, shall and will, from time to 
 time, and at all times hereafter, 'during the said term, pay, bear, 
 and discharge, equally between them, the rent of the shop, which 
 they, the said copartners, shall rent or hire for the joint exercising 
 or managing the trade aforesaid. And that all such gain, profit, 
 and increase, that 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, equally and proportionably divided 
 between them, the said copartners, 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. 
 And further, it is agreed by and between the said copartners, that 
 there shall be had and kept from time to time, and at all times 
 during the said term and joint business and copartnership together 
 as aforesaid, perfect, just, and true books of accounts, wherein 
 each of the said copartners shall duly enter and set down, as well
 
 AGREEMENTS. 63 
 
 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 merchandizes, by them, or either of them, 
 bought and sold by reason or means, or upon account of the said, 
 copartnership, and all other matters and things whatsoever to the 
 said joint trade, and the management thereof in any wise belong- 
 ing or appertaining, which said books shall be used in common 
 between the said copartners, so that either of them may have free 
 access thereto without any interruption of the other. And also, 
 that they, the said copartners, once in three months, or oftener if 
 need shall require, upon the reasonable request of one of them, 
 shall make, yield and render each to the other, or to the exe- 
 cutors and administrators of each 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, disbursements, *and all other things 
 whatsoever, by them made, received, disbursed, acted, done, or 
 suffered, in the said copartnership and joint business as aforesaid; 
 and the same account 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 ten years, or other sooner determi- 
 nation of these presents, (be it by the death of one of the said 
 partners, or otherwise,) they, the said copartners, each to the.other, 
 or in case of the death of either of them, the surviving party, to 
 the executors 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 thereof, which shall appear to be remaining, whether 
 consisting of money, wares, debts, &c., shall be equally parted 
 and divided between them, the said copartners, their executors or 
 administrators, share and share alike. 
 
 In testimony whereof, the said parties to these presents have 
 hereunto set their hands and seals, the day and year first above 
 written. 
 
 Sealed and delivered in 
 presence of 
 
 JAMES STILES. 
 
 JOHN JONES. 

 
 AGREEMENTS. 
 
 Agreement, or Articles for special or limited Partnership. 
 
 This is to certify, to all to whom these presents shall come, that 
 we, whose names are hereto subscribed, to wit, John Jones, of 
 
 , merchant, William Burns, of , engineer, &c., have 
 
 entered into a limited partnership, for the business of mining and 
 transporting of mineral coal within the state of Pennsylvania, 
 under and by virtue of an Act of the General Assembly of the 
 said commonwealth, passed the 21st March, 1836, entitled, " An 
 Act relative to limited partnerships," and all and singular the sup- 
 plements thereto, upon the terms, conditions, and liabilities herein- 
 after set forth, to wit : 
 
 1. The said partnership is to be conducted under the name or 
 firm of Jones & Jay. 
 
 2. The general nature of the business intended to be transacted 
 by the said firm or partnership, is the mining of mineral coal and 
 transporting the same, &c., (describing the character of the pro- 
 jected business.) 
 
 3. The general partners in the said firm are, John Jones, resi- 
 dent in , John Jay, residing in , &c., and the special 
 
 partners are William Burns, residing in , John Gray, resid- 
 ing in , &c. 
 
 4. Each of the special partners has contributed to the common 
 stock of said firm, the amount now herein set forth, to wit : Wil- 
 liam Burns has so contributed the amount of $- , John Gray 
 
 has so contributed, &c. 
 
 5. The said partnership is to commence immediately, at and 
 after the making and signing of this certificate, and is to terminate 
 on the day of , A. D. 18 . 
 
 Witness our hands and seals, this day of , A. D. one 
 
 thousand eight hundred and forty-four. 
 
 Dissolution of Partnership. 
 
 Whereas, by agreement made the tenth day of August, A. D. 
 1842, John Jones and William Burns, of the city of Pittsburgh, 
 did enter into copartnership, for the purpose of carrying on the 
 business of merchandizing, for the term of two years. 
 
 And whereas, the said John Jones, wishing to discontinue and 
 decline the joint partnership, entered into as aforesaid, he, the said 
 John Jones, hath proposed to his said partner, William Burns, a 
 dissolution, to which proposition the said William Burns hath 
 assented. 
 
 The parties, therefore, mutually consent and agree, by these 
 presents, that the said partnership heretofore existing between 
 them, be this day dissolved, and it is accordingly dissolved. 
 
 And, it is further stipulated, and agreed mutually between them,
 
 AGREEMENTS. 65 
 
 that William Burns do take the entire stock of goods and merchan- 
 dize now on hand, belonging to the partnership, at a valuation to 
 be set upon the same by three competent persons mutually ap- 
 pointed to value the same, and that he also have power to collect 
 the debts now due to the partnership, and to recover all and any 
 part of the same, in the name of the firm, by suits at law or 
 otherwise. And that finally, the said William Burns do pay over 
 to the said John Jones, or his legal representatives, the full share 
 and profits, which shall appear to be due to the said John Jones, 
 in six months from the date hereof. 
 
 Witness our hands and seals, this tenth day of August, A. D. 
 1844. 
 
 Sealed and delivered in 
 presence of 
 
 JAMES STILES. 
 
 JOHN JONES. 
 
 WILLIAM BURNS. 
 
 Covenants and clauses to be inserted in Partnership Contracts 
 
 when desired. 
 
 Not to trust any one whom the copartner shall forbid. 
 
 And, that neither of the said parties shall sell or credit any 
 goods or merchandise belonging to the said joint trade, or to any 
 person or persons, after notice in writing from the other of the 
 said parties, that such person or persons are not to be credited or 
 trusted. 
 
 Not to be bound, or endorse Bills. 
 
 And that neither of the said parties shall, during this copart- 
 nership, without the consent of the other, enter into any deed, 
 covenant, bond, or judgment, or become bound as bail or surety, 
 or give any note, or accept or endorse any bill of exchange, for 
 himself and partner, with or for any person whatsoever, without 
 the consent of the other first had and obtained. 
 
 Neither party to assign his Interest. 
 
 And, it is agreed between the said parties, that neither of them 
 shall, without the consent of the other obtained in writing, sell or 
 assign his share or interest in the said joint trade, to any person 
 or persons whatsoever.
 
 66 AGREEMENTS. 
 
 ' 
 
 Parties to draw Quarterly. 
 
 And that it shall be lawful for each of them to take out of the 
 cash of the joint stock, the sum of one hundred dollars quarterly, 
 to his own use, the same to be charged on account ; and neither 
 of them shall take any further sum for his own separate use, 
 without the consent of the other in writing ; and any such fur- 
 ther sum, taken with such consent, shall draw interest after the 
 rate of six per cent., and shall be payable together with the in- 
 terest due, within sixty days after notice in writing given, by 
 the other of the said parties. 
 
 fin agreement to continue a Partnership by indorsement on 
 the old Articles. 
 
 We, the within named John Jones and William Burns, do by 
 these presents, endorsed, declare and mutually covenant and 
 agree, unto and with each other, his and their executors and 
 administrators, to continue the joint trade and partnership within 
 mentioned, for the further term of three years, if both of us shall 
 so long live, to be accounted for, from the expiration of the five 
 years within limited for the continuance of the same, with the 
 joint stock, and under, and subject to the several covenants and 
 agreements within expressed and contained. 
 
 In witness whereof, we have hereunto set our hands and seals, 
 the tenth day of January, A. D. one thousand eight hundred and 
 forty-five. 
 
 Sealed and delivered in 
 presence of 
 
 JOHN STILES. 
 
 JOHN JONES. 
 
 fin agreement in relation to Parti/ Walls. 
 
 This agreement, made the tenth day of January, A. D. one 
 thousand eight hundred and forty-five, between John Jones, of 
 Erie, in the county of Erie and State of Pennsylvania, of the one 
 part, and William Burns, of Erie, in the county and state afore- 
 said, of the other part, witnesseth: 
 
 That whereas, the said John Jones is seised or possessed of a
 
 AGREEMENTS. 67 
 
 . 
 
 certain lot or piece of ground situate in Erie aforesaid, and de- 
 scribed as follows: [here insert the description of the land of the 
 party of the first part] and whereas, the said William Burns is 
 seised or possessed of a certain other lot or piece of ground situ- 
 ate in Erie aforesaid, and described as follows: [here insert the 
 description of the land of the party of the other part,] adjoining 
 and contiguous to the said before-mentioned and described lot of 
 ground of him the said John Jones ; and whereas, the said Wil- 
 liam Burns has lately erected on his own lot aforesaid, and along 
 the division line between the above-mentioned lots, a brick tene- 
 ment or building, of the length of feet, and of the height of 
 
 stories, the end of which tenement is at the distance of 
 
 feet, from the , front of the said lots, or street afore- 
 said. [Add here any other matter necessary to explain the trans- 
 action.] Now this indenture witnesseth, that the said William 
 Burns doth hereby covenant, promise, grant and agree, that the 
 said John Jones, his heirs and assigns aforesaid, shall and may at 
 all times hereafter, have the full and free liberty and privilege of 
 
 joining to the said wall of the said brick tenement, as well 
 
 below as above the surface of the ground, and along the whole 
 length or any part of the length thereof, any building which he or 
 they, or any of them, may desire, or have occasion to erect on the 
 said lot along the division line aforesaid, and to use and enjoy the 
 said-wall or any part thereof, as a wall of the building or buildings 
 so to be erected, and to sink the joists of such building or buildings 
 
 into the wall aforesaid to the depth of inches and no further. 
 
 Provided always, nevertheless, and on this express condition, that 
 the said John Jones, his heirs and assigns as aforesaid, before pro- 
 ceeding to join any other buildings to the said wall, and before 
 making any use thereof, or breaking into the same, shall pay, or 
 secure to be paid, unto the said William Burns, his heirs and 
 assigns aforesaid, the full moiety, or one half part of the value 
 of the said wall, or so much thereof as shall be joined or used as 
 
 aforesaid, which value shall be fixed and assessed by . 
 
 In witness whereof, we have hereunto set our hands and seals 
 this day of , A. D. . 
 
 Agreement for renewing a Policy of Insurance by Indorse- 
 ment. 
 
 By agreement of the parties, the within policy is renewed for 
 years, from the period within mentioned, for the expiration 
 
 thereof, upon the terms and considerations within mentioned and 
 contained. 
 
 This renewal expires on the day of , A. D. , at 
 
 o'clock. 
 
 Sealed with the seal of the corporation and of the parties, this 
 day of , A. D. .
 
 68 AMICABLE ACTION. 
 
 AMICABLE ACTION. 
 
 There is, in Pennsylvania, a mode of instituting suits, without 
 a service by sheriff, by an amicable agreement, signed by the 
 parties or their attorneys, and filed in the prothonotary's office. 
 When entered, such action is considered as if it had been ad- 
 versely commenced, and the defendant had been regularly sum- 
 moned. It saves the expense of the original writ, and the sheriff's 
 fee for serving it. The writ, however, is supposed in law to be 
 filed. A case may be stated for the opinion of the court in this 
 way, or a judgment entered. When a judgment is entered in 
 this way, the cause of action should always be expressed in the 
 agreement, and it should be attested by two witnesses. The same 
 stay of execution is allowed in this, as in other cases brought in 
 the usual way. The lien of judgments may also be revived by 
 amicable agreement. 
 
 Amicable Agreement to institute a Suit. 
 
 I In the Common Pleas of Jefferson county. 
 
 a o V * * 
 
 W'll' T3 \ ^ ^ a y Term, 1845. No. . 
 
 Summons in case, [or as the claim may be.] 
 
 It is hereby agreed, that the above action be entered with the 
 same effect as if a summons returnable on the first Monday in 
 May, 1845, [or whatever time may be the regular return day of 
 the court where such agreement may be made,] had been regu- 
 larly issued, served personally on the said defendant, and duly so 
 returned. 
 
 JOHN JONES, 
 WILLIAM BURNS. 
 Signed, sealed arid delivered ) 
 in presence of us, } 
 
 JOHN STILES, 
 JOHN ROE. 
 
 Jin Agreement to revive a Lien. 
 John Jones Jn ^ Coim of Common pleas of Huntingdon 
 
 William Burns. Coimt y> of Ma ^ Term > 1845 ' No " 10a 
 
 Amicable action to revive and continue the lien for the term 
 of five years, of judgment No. 45, of May term, 1840. 
 
 It is hereby agreed, that the Prothonotary of Huntingdon county
 
 AMICABLE ACTION. 69 
 
 enter the above amicable action upon the records of the Court of 
 Common Pleas of the county aforesaid, as of No. 100 of May 
 term, 1845, and that a judgment be forthwith entered thereon, in 
 favour of the plaintiff above named, and against the defendant 
 above named. And that the judgment aforesaid, No. 45, of May 
 term, 1840, be revived, according to the Act of Assembly, with 
 costs. 
 
 Witness our hands and seals, this day of , A. D. 
 
 one thousand eight hundred and forty-five. 
 
 JOHN JONES, 
 WILLIAM BURNS. 
 Signed, sealed and delivered } 
 in presence of 3 
 
 JOHN STILES, 
 JOHN DOE. 
 
 For Judgment, after rule of Reference entered. 
 
 ^ T. } In the Common Pleas of - County, of 
 A. B. v*. C. D. 
 
 And now, January - , A. D. - , it is hereby agreed, by 
 and between the parties to the above suit, that the choosing (or 
 "meeting," if they have chosen), of arbitrators be dispensed with, 
 and that a judgment be entered thereon in favour of the plaintiff, 
 and against the defendant above named, for the sum of - dol- 
 lars debt, besides costs of suit, with release of all errors, and with 
 stay of execution according to law. 
 
 Witness our hands, the day and year above written. 
 
 To waive Inquisition and Condemnation of Land taken 
 in Execution. 
 
 And now , A. D. -, the undersigned being the defend- 
 ant named in the within writ of fieri facias, and the owner at 
 the time of the issuing of said writ of the real estate levied on 
 by virtue thereof, do hereby dispense with and waive the inqui- 
 sition thereon, and agree that the same shall be sold by the she- 
 riff of county, upon the present writ of fieri facias before 
 
 the return day thereof, and without any further writ from the 
 court for that purpose. 
 
 Witness my hand, the day of , A. D. .
 
 70 APPLICATION FOR WARRANTS. 
 
 APPLICATION FOR WARRANTS. 
 
 Application for taking out a Warrant by a Settler for Lands 
 
 settled on. 
 
 John Jones, of the township of Derry, in the county of York, 
 applies for three hundred acres of land, situate in said township 
 and county, adjoining lands of John Ebaugh on the east, William 
 Jones on the south, George Gary on the west, and Adam Ebaugh 
 on the north ; on which tract he has made an actual settlement 
 and improvement. 
 
 JOHN JONES. 
 
 To the Surveyor General. 
 
 \ 
 
 Affidavit and Certificate for Land settled on. 
 
 York County, ss. 
 
 Before us, the subscribers, two of the Justices of the Peace in 
 and for. said county, personally came Jonas Gray, a disinterested 
 witness, and being sworn, agreeably to law, did depose and say 
 that, to his certain knowledge, the above-described tract of land 
 was first improved in the month of July, 1800, and not before ; 
 that grain has been raised thereon, and that the said John Jones 
 and family are now settled and reside on the same tract of land, 
 and has continued to reside thereon ever since the first day of 
 June, 1804, [or as the case may be.] 
 
 JONAS GRAY. 
 Sworn and subscribed, this 22d day 
 
 of Sept., 1845, before us, 
 
 TIMOTHY TUTTLE, 
 DAVID ROYCE. 
 
 Affidavit and Certificate for Land improved but not settled. 
 
 York County, ss. 
 
 Before us, the subscribers, two of the Justices of the Peace in 
 and for said county, personally came John Roe, a disinterested 
 witness, who, being sworn according to law, did depose and 
 say that, to his certain knowledge, the land above described was 
 first improved in the month of May, 1800, and not before, [or as 
 the case may be.] 
 
 JOHN ROE. 
 
 Sworn and subscribed this 10th day of 
 January, A. D. 1845, before us, 
 
 TIMOTHY TUTTLE, 
 DAVID ROYCE.
 
 APPRENTICE. 71 
 
 Affidavit and Certificate for unimproved Land. 
 
 York County, ss. 
 
 Before us, the subscribers, two of the Justices of the Peace in 
 and for said county, personally came James Goodman, a disin- 
 terested witness, who, being sworn according to law, did depose 
 and say that, to his certain knowledge, the land described in the 
 above application is unimproved, and, as he verily believes, not 
 heretofore claimed by any other person, [or as the case may be.] 
 
 JAMES GOODMAN. 
 Sworn and subscribed this 10th day of 
 January, A. D. 1845, before us, 
 
 WILLIAM DUNN, 
 JAMES DUNLAP. 
 
 Affidavit of Applicant for Lands prior to the fast purchase of 
 1784, (under the act of 13th April, 1807.) 
 
 York County, ss. 
 
 Before me, the subscriber, a Justice of the Peace in and for 
 said county, personally came John Jones, the above-named appli- 
 cant, who, being duly sworn according to law, did depose and 
 say that, to the best of his knowledge and belief, no warrant 
 or other office right has issued for the land above described, 
 either in his own name, or in the name or names of any person 
 or persons under whom he claims the same. 
 
 JOHN JONES. 
 
 Sworn and subscribed, &c. 
 
 (J3 3 * This last certificate is not necessary in the last purchase. 
 
 APPRENTICE. 
 Remarks. 
 
 An apprentice is one who is bound, in due form of law, to 
 a master, and who is to learn from him his art, trade or busi- 
 ness, and to serve him during the time of his apprenticeship. 
 1 B. Com., 426; 2 Kent, Com., 211. The term during which 
 the apprentice is to serve, is called his apprenticeship. This con- 
 tract is generally entered into by indenture or deed, and is to con- 
 tinue no longer, than the minority of the apprentice. 
 
 A master is bound to instruct his apprentice by teaching him, 
 bona fide, the knowledge of the art of which he has undertaken 
 to teach him the elements. He ought to watch over the conduct 
 of the apprentice, giving him prudent advice and showing him a 
 good example, and fulfilling towards him the duties of a father, 
 as, in his character of master, he stands in loco parentis. He is 
 also required to fulfil all the covenants he has entered into by the 
 indenture. He cannot abuse his authority, either by bad treat- 
 ment, or by employing his apprentice in menial employments,
 
 72 APPRENTICE. 
 
 wholly unconnected with the business he has to learn. He cannot 
 dismiss his apprentice, except by application to a competent tri- 
 bunal, upon whose decree the indenture may be canceled. 
 
 An apprentice is bound, on his part, to obey his master in all 
 his lawful commands, take care of his property, and promote his 
 interest, endeavour to learn his trade or business, and perform all 
 the covenants in his indenture, not contrary to law. He cannot 
 leave his master's service during the term of the apprenticeship. 
 Bouvier's Law Diet., vol. i. p. 85. For further information on this 
 subject, see 2 Kent, Com., p. 211, &c. 
 
 In Pennsylvania, the Courts of Quarter Sessions, and the 
 Mayor's Courts, have jurisdiction in apprentice cases, and can 
 rescind the contract and cancel the indentures. 
 
 A writing without seal, is not an indenture of apprenticeship 
 within the meaning of the act of 1770. Exparte Ruggles, 10 
 S. and R. 416. 
 
 An infant under seven years of age, may be bound apprentice 
 in any art, mystery, occupation or labour, with the assent of his 
 parent, guardian or next friend, under this act. Burtzman vs. 
 Bunnell, 5 Wh. 128. It seems that the consent of the parent or 
 guardian (if there be one) must be had in every case of binding, 
 except where the infant is a charge. And the word or in the first 
 section of the act of 1770, must be construed so as to effectuate 
 the general intent and policy of the legislature. Com. vs. Van- 
 lear, 1 S. and R. 250. Com. vs. Jones, 3 S. and R. 1 58. 
 
 It is not necessary that the person who consents as next friend 
 to the minor, should have received an appointment as such from 
 legal authority. Roach's case 1, Ash. 27. 
 
 An indenture executed by a minor, with the consent of his 
 sister as next friend, was held valid. Ibid. 
 
 An indenture of apprenticeship executed by an infant, without 
 the consent of his parent or guardian, is not binding on the infant. 
 Guthrie vs. Murphy, 4 W. 80. 
 
 The father of an infant cannot bind him as an apprentice with- 
 out his consent ; and it is necessary that the infant should become 
 a party to, and execute the indenture. Com. vs. Moore, 1 Ash. 
 123. An apprentice who has been bound in another state, to 
 learn any trade or occupation, cannot be taken out of the state, 
 unless such removal is provided for in the indenture, or arises 
 from the nature of the contract, as in the case of seafaring men, 
 &c. Com. vs. Edwards, 6 Binn. 202, S. P. Com. vs. Deacon, 6 
 S. and R. 526. 
 
 The court will discharge an apprentice for acts of the master 
 injurious to his mind and morals ; as for compelling him to work 
 on Sundays. Com. vs. St. Germans, 1 Br. 24. 
 
 A habeas corpus may issue for the body of an apprentice on 
 the petition of his master, and the court may order the apprentice 
 to be delivered to his master. Com. vs. Beck, 1 Br. 277. 

 
 APPRENTICE. 
 
 73 
 
 Indenture of Apprenticeship. 
 
 This indenture, made the first day of May in the year of our 
 Lord one thousand eight hundred and forty four: witnesseth, 
 That Thomas Jones, the son of John Jones, of Reading, in the 
 County of Berks, and State of Pennsylvania, (by and with the 
 consent and advice of his said father, testified by his becoming a 
 party hereto,) hath bound and put himself, and by these presents 
 doth bind and put himself, apprentice to William Burns, of Read- 
 ing, county and state aforesaid, tanner, after the manner of an 
 apprentice to dwell with and serve the said William Burns [if it 
 is intended to continue the apprenticeship after the death of the 
 master, or to authorize him to assign the apprentice to another 
 master, here insert the words, his executors, administrators and 
 assigns'], from the day of the date hereof, for and during and 
 until the full end and term of seven years, thence next ensuing, 
 and fully to be completed and ended ; during which term the said 
 apprentice his said master faithfully shall serve, and that honestly 
 and obediently in all things, as a dutiful apprentice ought to do. 
 
 And the said William Burns [here, if intended as above, insert 
 the words, his executors, administrators and assigns'], shall teach 
 and instruct, or cause to be taught and instructed, the said appren- 
 tice, in the art, trade and mystery of a tanner, and shall send and 
 keep the said apprentice at a school taught by some competent 
 teacher, for three months at least, in each and every year, and shall 
 and will find and provide for the said apprentice, sufficient school 
 books, meat, drink, apparel, washing and lodging, during the said 
 term ; and at the expiration thereof, shall and will give his said 
 apprentice two suits of apparel, one whereof shall be new. In 
 witness whereof, the said parties have hereunto set their hands 
 and seals the day and year first above written. 
 
 Sealed and delivered in } 
 presence of $ 
 
 JAMES STILES. 
 
 WILLIAM BURNS. 
 
 THOMAS JONES. 
 
 JOHN JONES.
 
 74 
 
 APPRENTICE'. 
 
 Another form of Indenture of Apprenticeship. 
 
 This indenture, made the first day; of May, in the year of our 
 Lord one thousand eight hundred and forty four : witnesseth, 
 That John Jones, of the city of Pittsburgh, hath put and placed, 
 and by these presents, doth put and bind out his son Thomas 
 Jones, and the said Thomas Jones doth hereby put, place and 
 bind out himself as an apprentice to William Burns, of the city 
 of Pittsburgh, to learn the art, trade or mystery of a carpenter 
 and house joiner ; the said Thomas Jones, after the manner of an 
 apprentice, to dwell with and serve the said William Burns from 
 the date hereof until the tenth day of October, one thousand eight 
 hundred and forty nine, at which time the said apprentice, if he 
 should be living, will be twenty-one years of age. During all 
 which time or term, the said apprentice, his said master faithfully 
 shall serve, and that honestly and obediently, in all things, as a 
 dutiful apprentice ought to do. 
 
 And the said William Burns, on his part, doth hereby covenant, 
 promise and agree, to teach and instruct the said apprentice, or 
 cause him to be taught and instructed, in the art, trade or mys- 
 tery of a carpenter and house joiner, and also to send and keep 
 the said apprentice, for three months at least, in each and every 
 year, at some school taught by a competent teacher ; and shall 
 well and faithfully find and provide for the said apprentice, good 
 and sufficient school books, meat, drink, clothing, lodging, and 
 other necessaries fit and convenient for said apprentice, during 
 the term aforesaid, and at the expiration thereof, shall give unto 
 the said apprentice two suits of wearing apparel, one of which 
 shall be new. 
 
 In testimony whereof, the said parties have hereunto set their 
 hands and seals the day and year first above written. 
 
 Sealed and delivered in ~) 
 presence of 5 
 
 JAMES STILES. 
 
 JOHN JONES. 
 
 WILLIAM BURNS. 
 
 THOMAS JONES.
 
 APPRENTICE. 75 
 
 Indenture of Apprenticeship by Overseers of the Poor. 
 
 This indenture, made the tenth day of October, in the year of 
 our Lord one thousand eight hundred and forty -four : witnesseth, 
 That John Jones and William Burns, overseers of the poor, of the 
 county of Crawford, have put and placed, and by virtue of an 
 act of this state, entitled, "An Act for the relief of the Poor," 
 do hereby, with the approbation and consent of James Price and 
 Charles Dunn, Esquires, two of the justices of the peace, for the 
 said county, put and place Sarah Brown, a poor child of town- 
 ship of Mead, apprentice to Thomas Cole, of the same place, with 
 him to dwell and serve, from the day of the date hereof, until the 
 full end and term of seven years, during all which term the said 
 Sarah Brown her said master faithfully shall serve in all lawful 
 business, according to her power and ability, and honestly and 
 obediently in all things demean and behave herself towards her 
 said master, and all his during the said term : and the said Tho- 
 mas Cole doth covenant and agree for himself, his executors and 
 administrators, to and with the said John Jones and William 
 Burns, overseers as aforesaid, and their successors, for the time 
 being, and every of them, by these presents, as follows: That he, 
 the said Thomas Cole, the said Sarah Brown shall and will teach 
 and instruct, or cause to be taught and instructed, in sewing, spin- 
 ning, knitting, housewifery, and in reading, writing and branches 
 of common school education ; and shall and will, during the said 
 term, find, provide, and allow her sufficient meat, drink, apparel, 
 lodging and washing, and all other necessaries ; and also, shall 
 and will so provide for the said Sarah Brown, that she be not in 
 any wise 'a charge or chargeable to the said township, or to the 
 inhabitants of the same, but from all charges concerning her shall 
 and will save the said township, and the inhabitants thereof, harm- 
 less and indemnified during the said term ; and, at the expiration 
 thereof, shall and will, at his own charge, give and allow the said 
 Sarah Brown two suits of apparel, one whereof shall be new. 
 
 In witness whereof, the said parties to these presents have here- 
 unto set their hands and seals, the day and year first above written. 
 
 Sealed and delivered in ) 
 presence of 5 
 
 JAMES STILES. 
 
 JOHN JONES. 
 
 WILLIAM BURNS. 
 
 THOMAS COLE. 

 
 76 ARBITRATION AND AWARD. 
 
 The overseers of the poor are authorized, with the con- 
 sent and approbation of two or more magistrates, to put out as 
 apprentices all poor children, whose parents are dead, or by the 
 said magistrates found unable to maintain them. Act of 13th 
 June, 1836. The officers of the House of Refuge also have the 
 power to bind out any who are sentenced to that place. Their 
 custom is, to bind out its inmates to trades, as soon as sufficiently 
 reformed. 
 
 Approbation of the Apprenticeship of Paupers. 
 
 We, the subscribers, justices of the peace, in and for the county 
 
 of , do hereby approve and consent to the execution of the 
 
 indentures of apprenticeship in the case of the within named A. 
 
 B., a pauper, the term of which is to expire on the day of 
 
 , A. D. one thousand eight hundred and :. 
 
 ARBITRATION AND AWARD. 
 
 Remarks. 
 
 Arbitrators are so called because they have generally an arbi- 
 trary power. Their sentences are called awards. 
 
 An arbitration is a reference and submission of a matter in 
 dispute concerning property or a personal wrong, to the decision 
 of one or more persons as arbitrators. 
 
 Arbitrations are either voluntary or compulsory. The volun- 
 tary, are those made by mutual consent ; and the compulsory, are 
 where either party has a right to enter a rule of reference without 
 the consent of the other. Before the revised Act of 1836, a variety 
 of modes of arbitration existed in Pennsylvania. 1st. Are those 
 made by mutual consent, in which the parties select the arbitra- 
 tors, and bind themselves by bond to abide their decision ; these 
 are made without any rule of court. 3 Bl. Com. 16. 2d. Those 
 which are made in a cause depending in court, by a rule of court, 
 before trial ; these are arbitrations at common law, and the award 
 is enforced by attachment. Kyd on Awards, 21. 3d. Those 
 which are made by virtue of the statute 9 & 10 Will. 3, c. 15, by 
 which it is agreed to refer a matter in dispute not then in court, 
 to arbitrators, and agree that the submission be made a rule of 
 court, which is enforced as if it had been made a rule of court. 
 Kyd on Awards, 22. 4th. Those made under the Act of Assem- 
 bly of 1705. 5th. Those made under the Act of 1806. 
 
 The provisions of the Acts of 1705 and 1810, and the English 
 statutes above mentioned, have been incorporated into the revised 
 Act of 1836. The Act of 1806 is still in force, but seldom do 
 
 
 I 
 

 
 ARBITRATION AND AWARD. 77 
 
 arbitrations take place under it, by reason of the difficulty and 
 danger of enforcing the awards under it. The most usual me- 
 thods of arbitrations at this time in Pennsylvania, are those made 
 by mutual consent, in which the parties select the arbitrators, and 
 bind themselves by bond to abide their decision, or else by the 
 Act of Assembly, of 16th June, 1836, (Pamph. Laws, p. 715), 
 which provides for either voluntary or compulsory arbitrations, 
 Either party may, in a civil suit or action, or his attorney, may 
 enter at the prothonotary's office, a rule of reference under the 
 said Act of 1836, wherein he shall declare his determination to 
 have arbitrators chosen, on a certain day to be mentioned therein, 
 not exceeding thirty days thereafter, for the trial of all matters in 
 variance in the suit between the parties, provided that the plain- 
 tiff shall not enter such rule, until he files a declaration or state- 
 ment of his cause of action. A copy of this rule is to be served 
 on the opposite party, his agent or attorney, at least fifteen days 
 before the day fixed for the appointment of arbitrators. On 
 the day appointed, they meet at the prothonotary's and endea- 
 vour to agree upon arbitrators ; if they cannot, the prothonotary 
 makes out a list on which are inscribed the names of a number 
 of citizens, and the parties alternately strike each one of them 
 from the list, beginning with the plaintiff, until there are but the 
 number agreed upon, or fixed by the prothonotary left, who are 
 to be the arbitrators. The time of meeting is then agreed upon 
 by the parties, or appointed by the prothonotary, provided that 
 the time of meeting shall not be less than ten, nor more than 
 twenty days after their appointment. The party by whom the 
 rule of reference shall have been entered, must procure from the 
 prothonotary a certified copy of the record, and serve a copy of 
 the same on each of the arbitrators, and also on the opposite 
 party, giving ten days notice previous to the day of meeting. At 
 the time fixed for the meeting, the arbitrators are sworn or affirm- 
 ed, justly and equitably to try all matters in variance submitted 
 to them, and proceed to hear and determine the case. Their award 
 is filed in the office of the prothonotary, and has the effect of a 
 judgment, subject, however, to an appeal, which may be entered 
 at any time within twenty days after the filing of such award. 
 For further particulars, see Pamphlet Laws of 1836, p. 715. 
 
 Under Jlct of 1836. Agreement to refer. 
 John Jones [n the Court of Common p jeas of Erie county, 
 William Bums. $ No ' 37 of Au S ust Term > 1844 ' 
 
 And now, September 10th, 1844, the said John Jones and Wil- 
 liam Burns, under the provisions of the Act of Assembly of 16th 
 June, 1836, do hereby agree to submit all matters in controversy 
 
 G* 
 
 -
 
 78 ARBITRATION AND AWARD. 
 
 in our said suit to Daniel Stone, Samuel Dean and Thomas 
 Brown, mutually chosen by us, and furthermore agree, that our 
 submission to such award or umpirage be made a rule of and in 
 said court, and hereby respectively bind ourselves to submit to, 
 and be finally concluded by, the award or umpirage of said re- 
 ferees, or a majority of them. 
 
 Witness our hands and seals. 
 
 Sealed and delivered in } 
 presence of 3 
 
 JAMES STILES, 
 CHARLES COLE. 
 
 JOHN JONES. 
 
 WILLIAM BURNS. 
 
 Erie County, ss. 
 
 Before me, the subscriber, prothonotary of the Court of Com- 
 mon Pleas of Erie County aforesaid, in the said court, personally 
 
 came on this day of , James Stiles, who being duly 
 
 sworn [or affirmed], did depose and say, that he was witness to 
 the execution of the above agreement, and saw said John Jones 
 and William Burns severally sign and seal the same as their act 
 and deed. 
 
 JAMES STILES. 
 
 Sworn and subscribed in open court before me. 
 
 Awards of Arbitrators, in Debt or Case. 
 
 And now, the tenth day of October, A. D. 1844, at Erie, the 
 arbitrators within named being all present, [or if two only are 
 present, say, Daniel Stone and Samuel Dean, two of the arbi- 
 trators within named, being present, and proof having been made, 
 that due notice of the time and place of meeting was given to 
 Thomas Brown, the other arbitrator, who was absent, and James 
 Burns having been duly appointed to fill the vacancy,"] and all 
 being duly sworn, [or affirmed,] and having heard the evidence 
 and allegations of the parties, do award in favour of the plaintiff 
 the sum of one hundred dollars [or " no cause of action," as the 
 case may be.] 
 
 (Signed by the arbitrators, or a majority of them.)
 
 ASSIGNMENT. 79 
 
 *4tvard in Replevin for Rent. 
 
 And now, the tenth day of October, A. D. 1844, at Erie, the 
 arbitrators within named being all present, and all being duly 
 sworn, and having heard the evidence and allegations of the par- 
 ties, do award that there is due to the avowant, John Jones, from 
 the plaintiff, William Burns, the sum of sixty dollars, for rent in 
 arrear, due the first day of July, 1844, and that the value of the 
 goods distrained is seventy-five dollars. 
 
 Jlward in Replevin, when property is to be returned. 
 
 And now, the day of , A. D. , at Erie, the arbi- 
 trators within named being all present, and all being duly sworn 
 according to law, and having heard the evidence and allegations 
 of the parties, do award in favour of the defendant in replevin, 
 and direct that the plaintiff in replevin return the property dis- 
 trained, and dollars damages for detention. 
 
 ASSIGNMENT. 
 
 AN assignment, in common parlance, signifies the transfer of 
 all kinds of property, real, personal and mixed, and whether the 
 same be in possession or in action; as a general assignment. 
 
 In a more technical sense, it is usually applied to the transfer 
 of a term of years ; but it is more properly used to signify a 
 transfer of some particular estate or interest in lands. The proper 
 technical words of an assignment, are, assign, transfer and set 
 over ; but the words grant, bargain and sell, or any other words 
 which will show the intent of the parties to make a complete 
 transfer, will amount to an assignment. 
 
 Assignment of Dower by the Heir. 
 
 This indenture, made the first day of May, in the year of our 
 Lord one thousand eight hundred and forty-four, between Tho- 
 mas Jones, son and heir of John Jones, late of the city of Lan- 
 caster, of the one part, and Ellen Jones, widow and relict of the 
 said John Jones, of the other part : 
 
 Whereas, the said John Jones was in his lifetime at the time of 
 his death, seized in his demesne as of fee, of and in divers lands 
 and tenements in the city of Lancaster, in the county of Lan- 
 caster, and State of Pennsylvania, which, upon the decease of the 
 said John Jones, descended unto the said Thomas Jones : Now, 
 this indenture witnesseth, that the said Thomas Jones hath en- 
 dowed and assigned, and by these presents, doth endow and 
 assign, unto the said Ellen Jones, the third part of the said 
 
 -
 
 80 ASSIGNMENT. 
 
 lands and tenements, to wit : All that messuage [here describe 
 the premises,] to have and to hold unto the said Ellen Jones, for 
 and during the natural life of the said Ellen Jones, in severally 
 by mites and bounds, in the name of the dower, and in recom- 
 pense and satisfaction of all the dower which the said Ellen Jones 
 ought to have, of or in the said lands and tenements which were 
 of the said John Jones in his lifetime. 
 
 In witness whereof, the said parties to these presents have 
 hereunto set their hands and seals, the day and year first above 
 written. 
 
 Sealed and delivered in 
 presence of 
 
 JAMES STILES. 
 
 THOMAS JONES. ~-^ 
 
 *s8!5i 
 
 ELLEN JONES. 
 
 Assignment of a Deed. 
 
 Know all men by these presents, that John Jones, the grantee 
 within named, and Ellen his wife, for and in consideration of the 
 sum of two hundred dollars, to them in hand paid by William Burns, 
 of Carlisle, Cumberland county, Pennsylvania, at and before the 
 ensealing and delivery hereof, the receipt whereof is hereby ac- 
 knowledged, have granted, bargained, sold, assigned and set over 
 unto the said William Burns, his heirs and assigns, all that the 
 within mentioned messuage, tenement and tract of land containing 
 fifty acres more or less, together with all and singular the rights, 
 members and appurtenances whatsoever thereunto belonging or in 
 any wise appertaining; and the reversions and remainders, rents, 
 issues and profits thereof; to have and to hold the said messuage, 
 tenement or tract of land, hereby granted and assigned, or men- 
 tioned, or intended so to be, with the appurtenances, unto the said 
 William Burns, his heirs and assigns, to the only proper use and 
 behoof of the said William Burns, his heirs and assigns, forever. 
 And the said John Jones and his heirs, the said hereby granted 
 and assigned premises, with the appurtenances unto the said Wil- 
 liam Burns, his heirs and assigns, against the said John Jones and 
 his heirs, and against all and every other person or persons whom- 
 soever, lawfully claiming, or to claim, by, from or under him, 
 , them or any of them, shall and will warrant and forever defend 
 by these presents.* 
 
 * Assignments of deeds, and all other instruments of writing, in order to be 
 recorded, must be acknowledged in the same manner as a deed. Assignments
 
 ASSIGNMENT. 81 
 
 111 witness whereof, the said parties to these presents have here- 
 unto set their hands and seals, this first day of May, A. D. 1844. 
 
 JOHN JONES. 
 
 ELLEN JONES. 
 
 Assignment of a Lease. 
 
 Know all men by these presents, that I, the within named John 
 Jones, for and in consideration of the sum of fifty dollars, to me 
 in hand paid, by William Burns, of Lancaster, in the county of 
 Lancaster, and State of Pennsylvania, at and before the ensealing 
 and delivering hereof, the receipt whereof I do hereby acknow- 
 ledge, have granted, assigned and set over, and by these presents 
 do grant, assign and set over, unto the said William Burns, his 
 executors, administrators and assigns, the within indenture of 
 lease, and all that messuage described therein, with the appur- 
 tenances ; and also all my estate, right, title, term of years yet to- 
 come, claim and demand whatsoever, of, in, to or out of the 
 same ; to have and to hold the said messuage and appurtenances 
 unto the said William Burns, his executors, administrators and 
 assigns, for the residue of the term within mentioned, under the 
 yearly rents and covenants, within reserved and contained, on 
 my part and behalf to be done, kept and performed. 
 
 In witness whereof, I have hereunto set my hand and seal, this 
 tenth day of March, A. D. 1844. 
 
 JOHN JONES. 
 
 Another Assignment. 
 
 Memorandum of assignment, this fourth day of June, 1844. 
 
 The within named John Jones hath this day assigned and 
 made over unto William Burns, of Erie, all and singular the 
 hereditaments and premises in the within written lease described 
 
 of deeds ought, in general, to be discouraged, on account of the difficulty of get- 
 ting them properly upon record.
 
 82 ASSIGNMENT. 
 
 and granted, with the whole of his estate and interest. As wit- 
 ness his hand and seal. 
 
 JOHN JONES. 
 
 Assignment of a Debt. 
 
 Know all men by these presents, that I, John Jones, of Erie, in 
 th%county of Erie and State of Pennsylvania, in consideration of 
 the sum of one hundred dollars, now justly due and owing by 
 me to William Burns, of Erie aforesaid ; and, for the better 
 securing the payment of the same to the said William Burns, 
 have bargained, sold, assigned and transferred to him all that 
 debt or sum of one hundred dollars, which is now due and 
 owing to me from James Stiles, of Meadville, for goods sold and 
 delivered by me to the said James Stiles or his order, before 
 the day of the date hereof; and all my right, title, interest, 
 claim and demand, of, in and to the said debt or sum of one hun- 
 dred dollars, or any part thereof; to hold to the said William 
 Burns, his executors, administrators and assigns, from henceforth 
 to his own proper use, benefit and behoof forever. 
 
 In witness whereof, I have hereunto set my hand and seal, this 
 tenth day of May, A. D. 1844. 
 
 JOHN JONES. 
 
 Assignment of a Judgment. 
 
 Know all men by these presents, that I, John Jones, of Reading, 
 in the county of Berks and State of Pennsylvania, in considera- 
 tion of the sum of two hundred dollars to me in hand paid by 
 William Burns, of Reading aforesaid, have granted, bargained, 
 transferred, assigned and made over, unto the said William Burns, 
 his executors, administrators and assigns, a certain judgment by 
 me recovered in the County Court of Common Pleas of Berks, in 
 the State of Pennsylvania, at August term last, against James 
 Stiles, of , for the sum of two hundred dollars debt or da- 
 mages, and the sum of twenty dollars costs of suit; together with 
 all the benefit and advantages that may be obtained thereby. 
 And I do hereby grant to him, the said William Burns, his execu- 
 tors, administrators and assigns, full power to recover the same 
 to his own and their own use.
 
 ASSIGNMENT. 
 
 83 
 
 In witness whereof, I have hereunto set my hand and seal, this 
 tenth day of October, 1844. 
 
 JOHN JONES. 
 
 Assignment of Moneys due upon Account. 
 
 Know all men by these presents, that I, John Jones, of Harris- 
 burg, in consideration of the sum of one hundred dollars to me in 
 hand paid, by William Burns, of the same place, do hereby 
 assign and set over, unto the said William Burns, to his own 
 proper use, without any account to be given for the same, the 
 sum of one hundred and thirty dollars, and all other sum or sums 
 of money that are remaining due and payable upon and by virtue 
 of the annexed account of moneys due to me by James Stiles, 
 and all my right, title, interest and demand in and to the same ; 
 and to give and grant unto the said William Burns full power 
 and authority to demand and receive the same to his own use ; 
 and upon the receipt thereof, to give discharges for the same, or 
 any part thereof. And I, the said John Jones, do hereby cove- 
 nant and agree to and with the said William Burns, that the said 
 sum of one hundred and thirty dollars is justly due and owing, 
 and that I have not received or discharged the same or any part 
 thereof.* 
 
 In witness whereof, I have hereunto set my hand and seal, this 
 tenth day of June, A. D. 1844. 
 
 JOHN JONES. 
 
 Assignment of a Mortgage. 
 
 Know all men by these presents, that I, John Jones, the mort- 
 gagee within named, for and in consideration of the sum of one 
 thousand dollars to me in hand paid by William Burns, of Butler, 
 in the county of Butler, and State of Pennsylvania, at and before 
 the ensealing and delivery of these presents, the receipt whereof 
 is hereby acknowledged, have granted, bargained, sold, assigned 
 and set over, and by these presents do grant, bargain, sell, assign 
 and set over, unto the said William Burns, his heirs and assigns, 
 the within named indenture of mortgage, and all that messuage, 
 
 * An account of this kind is called a chose in action, and must be sued for in 
 the name of the assignor, for the use of the assignee.
 
 84 ASSIGNMENT. 
 
 with the appurtenances therein mentioned and described ; toge- 
 ther with the rights, members and appurtenances thereunto be- 
 longing, and all my estate, right, title and interest therein; to 
 have and to hold all arid singular the premises hereby granted 
 and assigned, or mentioned or intended so to be, unto the said 
 William Burns, his heirs and assigns forever ; subject, neverthe- 
 less, to the right and equity of redemption, of the within named 
 James Stiles, his heirs and assigns, in the same. 
 
 In witness whereof, 1 have hereunto set my hand and seal, this 
 first day of October, 1844. 
 Sealed and delivered > 
 
 in presence of 5 
 
 JAMES STONE. 
 
 JOHN JONES. 
 
 Assignment of a Bond where the Assignor is liable. 
 
 For a valuable consideration, to me in hand paid by William 
 Burns, of Pittsburgh, I do hereby assign and set over the within 
 obligation, and all moneys due and to become due thereon, unto 
 the said William Burns, his executors, administrators and assigns; 
 and in case the same cannot be recovered of the within named 
 Daniel Stone, then I do promise and agree to pay the amount 
 thereof, together with all charges thereupon accruing unto the 
 said William Burns, his executors, administrators or assigns. 
 
 Witness my hand and seal, this first day of August, A. D. 1844. 
 Witnesses present: 
 
 JAMES STILES, 
 DAVID DEAN. 
 
 JOHN JONES. 
 
 Assignment of a Bond where the Assignor is not liable. 
 
 For a valuable consideration, to me in hand paid, by William 
 Burns, of Pittsburgh, I do hereby assign and set over the within 
 obligation, and all moneys due and to become due thereon, unto 
 the said William Burns, his executors, administrators and assigns; 
 and in no case holding myself responsible for the recovery or 
 payment of the same ; but the risk and losses, if any, to be borne
 
 ASSIGNMENT. 85 
 
 by the said William Burns, his executors, administrators, or 
 assigns. 
 
 Witness my hand and seal, this tenth day of October, A. D. 1844. 
 Witness present, 
 
 JAMES STILES, 
 DAVID DEAN. 
 
 JOHN JONES. 
 
 Short form of Assignment where the Assignor is liable. 
 
 For value received, I do assign and set over the within obliga- 
 tion, and all moneys due thereon, unto William Burns, his exe- 
 cutors, administrators and assigns, hereby guaranteeing the pay- 
 merit thereof, in case of default being made by the within-named 
 Samuel Stone. 
 
 Witness my hand and seal, this tenth day of May, A. D. 1844. 
 Witness present, 
 
 JAMES STILES, 
 DAVID DEAN. 
 
 JOHN JONES. 
 
 Assignment where, the Assignor is not liable. 
 
 For value received, I do hereby assign and set over the within 
 obligation, and al] moneys due thereon, unto William Burns, his 
 executors, administrators or assigns, not holding myself liable for 
 the payment of the same ; the losses, if any, and the recovery 
 thereof to be wholly at the risk of the said William Burns. 
 
 Witness my hand" and seal, this tenth day of May, A. D. 1844. 
 Witness present, 
 
 JAMES STILES, 
 DAVID DEAN. 
 
 JOHN JONES. 
 
 Note. There must be two subscribing witnesses to either of 
 the foregoing assignments of bonds.
 
 86 ASSIGNMENT. *'~, 
 
 Assignment of a Note, where the Assignor is liable. 
 
 For value received, I assign the within note to William Burns, 
 this tenth day of June, one thousand eight hundred and forty- 
 four, and guarantee the collection of the same. 
 
 JOHN JONES. 
 
 Assignment, where the Assignor is not liable. 
 
 Without any recourse to me had, I assign, for a valuable con- 
 sideration, the within note to William Burns; it being the express 
 understanding of the parties, that he takes it at -his own risk, and 
 frees me from all responsibilities. JOHN JONES. 
 
 Assignment of an Apprentice. 
 
 Know all men by these presents, that I, John Jones, for divers 
 good causes and considerations, have assigned and set over, and 
 by these presents, (as far as I lawfully may or can,) do assign and 
 set over the within indenture and the apprentice therein named 
 unto William Burns, his executors, administrators and assigns, for 
 the residue of the term within mentioned : he and they perform- 
 ing all and singular, the covenants therein contained, on my part 
 to be kept and performed, and indemnifying me from the same.* 
 
 In witness whereof, I have hereunto set my hand and seal, this 
 tenth day of August, A. D. 1844. 
 
 JOHN JONES. 
 
 Assignment of a Servant. 
 
 In consideration of the sum of seventy-five Hollars, to me in 
 hand paid, by William Burns, of Philadelphia, I do hereby assign 
 and set over the within named servant, to serve the said William 
 Burns, his executors, administrators and assigns, for the residue of 
 the term within mentioned.! 
 
 Witness my hand and seal, this tenth day of October, A. D. 
 1844. 
 
 JOHN JONES. 
 
 " This assignment cannot be made unless the indenture extends to assigns ' 
 and then not without the consent of all the parties therein named, which must 
 be in writing, and certified before a Justice of the Peace. 
 
 \ This must be done before a Justice of the Peace.
 
 '", % ''.'.' 
 
 ATTESTATION. 87 
 
 Assignment of Shares in a Company. 
 
 For value received, I, John Jones, of Pittsburgh, assign the 
 whole of my right, title and interest of, in and to ten shares in the 
 Monongahela Bridge Company of Pennsylvania, to William 
 Burns, of Allegheny city, and constitute him, his assigns arid sub- 
 stitutes, my attorney and attorneys, with full power to receive in 
 his or their name or names, certificates for the said shares, hereby 
 obliging myself at his or their request, to do all necessary matters 
 and things, for the more effectually transferring the said shares to 
 him or them. 
 
 Witness my hand and seal, this tenth day of June, A. D. 1844. 
 
 JOHN JONES. 
 
 Acknowledged before me, a Notary Public for the Common- 
 wealth of Pennsylvania, this twelfth day of June, 1844. 
 
 JAMES DEAN. 
 
 Assignment of a Policy of Insurance. 
 
 Having sold and conveyed the premises within mentioned to 
 
 A. B., of , his heirs and assigns forever, I do hereby for and 
 
 in consideration of the sum of dollars, to me in hand paid by 
 
 the said A. B., assign and transfer the within policy of insurance 
 to him, his executors, administrators and assigns. The said A. 
 B.,by subscribing this assignment, making himself responsible for 
 all the covenants to which I have bound myself by the within 
 policy. 
 
 Witness our hands and seals, this tenth day of January, A. D. 
 one thousand eight hundred and forty-five. 
 
 A. B. 
 
 ATTESTATION. 
 
 Attestation in contracts and evidence, is the act of witnessing 
 an instrument of writing, at the request of the party making the 
 same ; and subscribing it as a witness.
 
 88 BILLS. 
 
 Where there are Interlineations or Erasures in Instruments 
 of Writing. 
 
 Signed, sealed and delivered, by the within named John Jones, 
 the words, " and his heirs and assigns" (or whatever they may 
 be), having been previously interlined in the tenth and eighteenth 
 lines, in presence of us. 
 
 By a Blind Person. 
 
 The above-written instrument was signed, sealed and delivered 
 by the above-named John Jones, and he being blind, the same 
 was carefully and deliberately read over to him, in presence of us. 
 
 Where there are Erasures. 
 
 Signed, sealed and delivered by the within named John Jones, 
 
 the words " ," having been previously stricken out of the 
 
 tenth line, and the words " interlined in the same. 
 
 BILLS. 
 
 
 
 Remarks. 
 
 There are bills of various kinds. A bill of exchange is defined 
 to be an open letter of request from, and order by, one person on 
 another, to pay a sum of money therein mentioned to a third per- 
 son, on demand, or at a future time therein specified. 2 Bl. Com. 
 466 ; Bayl. on Bills, 1 ; Chit, on Bills, 1. The party to a bill of 
 exchange, is the drawer, or he who makes the order. The 
 drawee, is the person to whom it is addressed. The acceptor, is 
 he who accepts the bill. The payee, is the party to whom, or in 
 whose favour the bill is made. The endorser, is he who writes 
 his name on the back of a bill. The indorsee, is one to whom a 
 a bill is transferred by indorsement; and the holder, is in general 
 any one of the parties who is in possession of the bill, and entitled 
 to receive the money therein mentioned. 
 
 Foreign bills of exchange consist, generally, of several parts. 
 A party who has engaged to deliver a foreign bill, is bound to de- 
 liver as many parts as may be requested. 2 Pardess, n. 342. The 
 several parts of a bill of exchange are called a set; each part 
 should contain a condition that it shall be paid, provided the 
 others remain unpaid. 
 
 The whole set make but one bill. Bills of exchange are either 
 foreign or inland. Foreign, when drawn by a person out of, on 
 another in the United States, or vice versa, or by a person in a
 
 BILLS. 89 
 
 foreign country, on another person in another foreign country; or 
 by a person in, one state on another in another of the United 
 * States. 2 Pet. R. 589 ; 10 Pet. R. 572 ; 12 Pick. 483 ; 15 Wen. 
 527 ; 3 Marsh (Kty.) R. 488 ; Leigh's R. 37; 4 Wash. C. C. Rep. 
 148; 1 Whart. Dig. Tit. Bills of Exchange. There is, however, 
 some conflicting decisions whether a bill drawn by a person in 
 one state on another in another of the United States is a foreign bill : 
 for which, see 5 John. R. 384 ; but the current of decisions makes 
 them foreign bills. The principal difference between foreign and 
 inland bills, is, that the former must be protested, and the latter 
 need not. 6 Mod. 29 ; 2 B. & A. 656 ; Chit, on Bills, (Ed. of 
 1836,) p. 14. 
 
 Bill of Sale of Goods and Chattels. 
 
 Know all men by these presents, that I, John Jones, of the bo- 
 rough of Reading and State of Pennsylvania, in consideration of 
 the sum of one hundred dollars to me in hand paid by William 
 Burns, of the same place, at and before the ensealing and deliver- 
 ing of these presents, the receipt whereof I do hereby acknow- 
 ledge, have bargained, sold, released, granted and confirmed, and 
 by these presents do bargain, sell, release, grant and confirm unto 
 the said William Burns, all the goods, household stuff and imple- 
 ments of household, and all other goods and chattels whatsoever, 
 mentioned and expressed in the schedule hereunto annexed,* now 
 remaining and being in the house lately occupied by me in Read- 
 ing aforesaid, to have and to hold all and singular the said goods 
 and chattels, &c., and every of them, by -these presents bargained, 
 sold, released, granted and confirmed unto the said William 
 Burns, to his only proper use and behoof, his heirs, executors, 
 administrators and assigns forever. 
 
 In witness whereof, I have hereunto set my hand and seal, this 
 tenth day of May, one thousand eight hundred and forty-four. 
 
 Witness present, 
 
 JAMES STILES. 
 
 * A schedule must be annexed to this instrument, setting forth at large every 
 article intended to be conveyed to the said William Burns, which must be signed 
 by the said John Jones; and I would here remark that a bill of sale is not con- 
 sidered good against creditors, where the personal property is retained in the 
 possession of the original owner.
 
 90 BILLS. 
 
 Bill of Sale of goods and Stock, in consideration of Mainte- 
 nance, 4*c. 
 
 This indenture, made the tenth day of May, one thousand eight 
 hundred and forty-four, between John Jones, of Pittsburgh, of the 
 one part, and William Burns, of the same place, of the other 
 part, witnesseth, that the said John Jones, in consideration of the 
 covenants hereinafter mentioned, on the part of him, the said 
 William Burns, to be performed, and for the further consideration 
 of one dollar to him in hand paid by the said William Burns, he, 
 the said John Jones, hath granted, bargained and sold, and by 
 these presents doth grant, bargain and sell, unto the said William 
 Burns, all and singular, the stock, goods, household stuff, and im- 
 plements of household, and all other goods and chattels whatso- 
 ever mentioned and expressed in the schedule hereunto annexed, 
 [see note to the first bill of sale~\, now remaining and being in the 
 dwelling-house now occupied by me, and upon the farm on which 
 said dwelling-house stands : to have and to hold all and singular, 
 the said stock, goods, and chattels, &c., and every of them, by 
 these presents bargained, sold and confirmed unto the said Wil- 
 liam Burns, to his only proper use and behoof, his heirs, execu- 
 tors, administrators, and assigns forever. 
 
 And the said William Burns, in consideration of the premises, 
 doth hereby for himself, his heirs, executors and administrators, 
 covenant and agree to and with the said John Jones, his execu- 
 tors and administrators, that he the said William Barns, his exe- 
 cutors and administrators, shall and will at his and their costs and 
 charges, maintain and keep the said John Jones, during his natu- 
 ral life, with good and sufficient meat, drink, wearing apparel, 
 washing and lodging, at his, the said William Burns' own dwell- 
 ing-house, and also, that the said William Burns, his executors 
 and administrators, shall pay and allow unto the said John Jones 
 yearly and every year, during his natural life, the sum of twenty- 
 five dollars for spending money ; the same to be paid to the said 
 John Jones, at four equal quarterly payments, to be computed 
 from this day. 
 
 In witness whereof, the parties to these presents have hereunto 
 set their hands and seals, the day and year first above written. 
 
 Sealed and delivered in ~) 
 presence of 5 
 
 JAMES STILES. 
 
 JOHN JONES. 
 
 WILLIAM BURNS.
 
 BILLS. 91 
 
 Bill of Sale of a Vessel. 
 
 To all to whom these presents shall come, greeting: Know ye, 
 that I, John Jones, of Philadelphia, owner of the sloop or vessel 
 called the William Penn, of the burthen of one hundred and 
 ninety tons, or thereabouts, for and in consideration of the sum 
 of six hundred dollars, to me in hand paid, before the ensealing 
 and delivery of these presents, by William Burns, of the same 
 place, the receipt whereof I do hereby acknowledge, have bar- 
 gained and sold, and by these presents do bargain and sell, 
 unto the said William Burns, his executors, administrators and 
 assigns, the. said sloop or vessel, together with the mast, bowsprit, 
 sails, boats, anchors, cables, and all other necessaries thereunto 
 appertaining and belonging. To have and to hold the said 
 sloop or vessel, and appurtenances thereunto belonging, unto 
 him, the said William Burns, his executors, administrators and 
 assigns, to their sole and only proper use, benefit and behoof for- 
 ever. And I, the said John Jones, have, and by these presents, 
 do promise, covenant and agree for myself, my heirs, executors 
 and administrators, to and with the said William Burns, his exe- 
 cutors and administrators, to warrant and defend the title to the 
 said sloop or vessel, and all the other before-mentioned appurte- 
 nances, against all and every person and persons whomsoever. 
 
 In testimony whereof, I have hereunto set my hand and seal, 
 this tenth day of May, one thousand eight hundred and forty- 
 four. 
 
 Sealed and delivered in 
 presence of 
 
 JAMES STILES. 
 
 JOHN JONES. 
 
 set of Bills of Exchange. 
 
 No. 190 Ex. 215 Stg. 
 
 Philadelphia, May 10, 1844. 
 
 Sixty days after sight of this, my first of exchange, (second 
 and third of the same tenor and date not paid,) pay to Messrs. 
 Wilmer, Cohen & Co., or order, two hundred and fifteen pounds 
 sterling, and charge the same, without further advice, to 
 
 JOHN JONES. 
 Messrs. Smith, Lee & Co., 
 
 London. 

 
 92 BILLS. 
 
 Second. 
 No. 19u E*. 215 Ste. 
 
 Philadelphia, May 10, 1844. 
 
 Sixty days after sight of this my second of exchange, (first and 
 third of the same tenor and date not paid,) pay to Messrs. Wil- 
 mer, Cohen & Co., or order, two hundred and fifteen pounds 
 sterling, and charge the same, without further advice, to 
 
 JOHN JONES. 
 Messrs. Smith, Lee & Co., ; 
 London. 
 
 Third. 
 
 No. 190 Ex. 115 Stg. 
 
 = 
 
 Philadelphia, May 10, 1844. 
 
 Sixty days after sight of this my third of exchange, (first and 
 second of the same tenor and date not paid,) pay to Messrs. Wil- 
 mer, Cohen & Co., two hundred and fifteen pounds sterling, and 
 charge the same, without further advice, to 
 
 JOHN JONES. 
 Messrs. Smith, Lee & Co., 
 
 London. 
 
 Domestic Bill of Exchange. 
 
 g500 
 
 Pittsburgh, June 10, 1844. 
 
 Three days after sight, pay to the order of William Burns, five 
 hundred dollars, value received, without further advice, which 
 charge to the account of Yours, &c. 
 
 JOHN JONES. 
 Messrs. Robinson & Co., 
 Philadelphia. 
 
 (^f Possession of a bill of exchange is evidence of an au- 
 thority to demand payment of its contents. 1 Dal. 193. But there 
 is a distinction between bills endorsed specially, and in blank. 
 Possession of the latter proves property; but bills specially in- 
 dorsed, do not pass by delivery; and, therefore, possession does 
 not prove property in them. 2 Dal. 146 ; 1 Yeates, 94. 
 
 A bill of exchange made payable without the words " or order" 
 or " assigns" or some other words of negotiability, is not indors- 
 able over, so as to enable the indorsee to sue the acceptor in his 
 own name. 1 Dal. 194. 

 
 BILLS. 93 
 
 Draft. 
 
 Pittsburgh, May 10, 1844. 
 Sir, 
 
 At ten days sight, pay to the order of William Burns, Esq., 
 Cashier of the Bank of North America, five hundred and fifty 
 dollars and fifty cents, for account of Yours, &c. 
 
 JOHN JONES. 
 Mr. Samuel Stone, Phila- 
 delphia. 
 
 If Mr. Stone accepts, he indorses on the back or across 
 the face of the draft, these words, "Accepted May 15, 1844. 
 Samuel Stone." The bank then collects. If negotiated through 
 an individual, he may deposit it in bank for collection. 
 
 Note to Bank. 
 
 $500 
 
 Pittsburgh, January 10, 1845. 
 
 Ninety days after date, I promise to pay to William Burns, or 
 order, at the Exchange Bank, five hundred dollars, without defal- 
 cation, for value received. JOHN JONES. 
 
 (3 The one to whom this note is payable, viz : William 
 Burns, if he transfers it, or wishes to get it discounted at the bank, 
 becomes the first indorser, and if discounted, the last indorser 
 checks the money. To make an indorser liable on his indorse- 
 ment, the instrument must be commercial paper, for the indorse- 
 ment of a bond or single bill will not, by itself, create a responsi- 
 bility. 13 Serg. & Rawle, 311. 
 
 Check. 
 
 No. 1. 
 
 Pittsburgh, January a 14, 1844. 
 
 Cashier of the Exchange Bank, pay to William Burns, or 
 bearer, five hundred dollars. DANIEL WARD. 
 
 $500 

 
 94 BILLS. 
 
 Due Bill. 
 
 $100 50 
 
 Upon settlement this day, with John Jones, I acknowledge to 
 be due and owing to him hy me, the sum of one hundred dollars 
 and fifty cents. JAMES HUNTER. 
 
 Promissory Note. 
 
 $ 100 **, 
 
 Lancaster, May 10, 1844. 
 
 For value . received, I promise to pay to William Burns, or 
 order, the sum of one hundred dollars, on the first day of June 
 next, with interest. JOHN JONES. 
 
 Judgment Note. 
 
 For value received, I promise to pay William Burns, of Car- 
 lisle, or order, one hundred dollars, with interest, on the tenth day 
 of January next. And further, I do hereby empower .any attor- 
 ney of the Court of Common Pleas, of Cumberland Cdfthty, or 
 any other Court of Record of Pennsylvania, or elsewhere, to ap- 
 pear for me, and after, a declaration filed,, thereupon to confess a 
 judgment against me, for the above sum as of last, next, or any 
 other subsequent term, with cost of suit, release of errors, &c., 
 with' stay of execution until the said tenth day of January next. 
 
 Witness my hand and seal, at Carlisle, this tenth day of Janu- 
 ary, A. D. one thousand eight hundred and forty-five. 
 
 Signed, sealed and delivered ) 
 in presence of 5 
 
 JAMES STILES. 
 
 JOHN JONES. 
 
 
 
 
 v2 Note with Security, or for two or more Persons. 
 
 We, or either of us, [or jointly and severally,] promise to pay 
 to Eliphalet Betts, or order, on the first day of June next, one 
 thousand dollars, with interest, for value received. 
 
 JOHN JONES. 
 
 WILLIAM BURNS. 
 Meadville, Pa., January 10th, 1S45.
 
 BONDS. 95 
 
 Jl Note on Demand. . 
 
 For value received, I promise to pay Jared Tuttle,or order, on 
 demand, one hundred dollars, without defalcation. 
 
 JOHN JONES. 
 Mercer, Pa., January 10th, 1845. 
 
 If a seal is added to a note, it is not barreji by the Statute 
 of Limitations, which prevents the recovery of a simple contract 
 debt, unless suit be brought, or a. fresh promise of payment made 
 within six years. 
 
 BONDS. 
 
 Remarks. 
 
 A bond or obligation, is a deed whereby the obligor obliges 
 himself, his heirs, executors and administrators, to pay a certain 
 sum of money to another at a day appointed. If this be all, the 
 bond is called a single bond ; but there is generally a condition 
 added, that if the obligor does some particular act, the obligation 
 shall be void, or else shall remain in full force and virtue. 2 Bl. 
 Com. 340. The penal sum in a bond, is the sum which is usu- 
 ally double the amount of the real debt, and which is designed 
 to cover interest, cost, and other contingencies. All that can be 
 recovered of a penal sum, are interest, cost, and other contingen- 
 cies ; but care should be taken to distinguish between a penalty 
 and liquidated damages. It is difficult, in some cases, to distin- 
 guish between the two, but our courts, in general, have inclined 
 to consider the sum reserved by such agreement to be a penalty, 
 rather than as stipulated damages, whenever it is sufficiently clear 
 a penalty was intended. 
 
 A bond was given in the sum of $1000, with condition for the 
 extinguishment, within nine months from the date, of incum- 
 brances on certain property then sold by the obligor to the obli- 
 gee : Held, that the sum mentioned, was in the nature of a penal- 
 ty ; and not to be considered as stipulated damages. Robeson v. 
 Whitesides, 16 S. & R. 320. 
 
 If an agreement contain a penalty, the party may bring debt 
 for the penalty, and can recover no more ; or he may bring cove- 
 nant, and recover more or less damages than the penalty. Mar- 
 tin v. Taylor, 1 W. C. C. R. 1. 
 
 If the obligation of a bond be possible at the time of making 
 it, but afterwards becomes impossible by the act of God, then the 
 penalty is saved. 
 
 A bond in Pennsylvania, may be transferred undec Act of 
 Assembly, by indorsement under hand and seal, in the presence
 
 96 BONDS. 
 
 of two witnesses ; and in such case the assignee may bring suit 
 in his own name. 
 
 The assignee of a bond takes it at his own peril. He stands in the 
 same place as the obligee, so as to let in every defalcation which the 
 obligor had against the obligee at the time of the assignment on 
 notice of the assignment. The only intent of the act being to enable 
 the assignee to sue in his own name, and prevent the obligee from 
 releasing after assignment. 5 Binney, 232 ; 2 Bin. 165; 1 Dal- 
 las, 27. But see 2 Dal. 398; 4 Dal. 371 ; 17 S. & R. 287; 1 
 Penna. R. 26 ; 1 Rawle, 227. This rule, however, is subject to 
 one qualification. If the assignee, when he is about to take the 
 assignment, calls upon the obligee to know whether the whole 
 money is due, and the obligor tells him it is a good bond, but is 
 entirely silent as to any claim of his against the bond, he can 
 never after open his mouth against the demand of the assignee. 
 1 Bin. 433. See also 3 Yeates, 350 ; 16 S. & R. 18 ; 1 Penn. R. 
 24 ; Ibid. 476. Where there is a penal bond with several pay- 
 ments at different times, and the obligor fails to meet any one 
 payment as it becomes due, the obligee can declare on the penalty, 
 and take a judgment on the whole of the real debt mentioned in 
 the bond, with stay of execution on the several payments, until 
 such payment should become due, as by the conditions of the 
 bond. An instrument under seal, is not barred by the Statute of 
 Limitations. As, for instance, at the expiration of twenty years, 
 without the payment of interest on a bond or other acknowledg- 
 ment of its existence, satisfaction is to be presumed; but if a, 
 single day less than twenty years has elapsed, the presumption 
 of satisfaction from mere lapse of time, does not arise. This is 
 evidently an artificial and arbitrary distinction, but it is sanctioned 
 by immemorial usage. The conditional part of some bonds is 
 only inserted, but it is only in those cases where the first part is 
 like any other bond, or some particular one referred to. 
 
 Common for rji of Bond. 
 
 Know all men by these presents, that I, John Jones, of Erie, 
 in the county of Erie and State of Pennsylvania, am held and 
 firmly bound unto William Burns, of Meadville, in the county of 
 Crawford, and state aforesaid, in the sum of one thousand dollars, 
 [this amount is called the penal sum, and is usually double the 
 amount of the real debt,] lawful money of the United States, to 
 be paid to the said William Burns, or his certain attorney, execu- 
 tors, administrators or assigns; to which payment well and truly 
 to be made and done, I do bind myself, my heirs, executors and 
 administrators, and every of them, firmly by these presents : sealed 
 with my seal, and dated the tenth day of May, Anno Domini, 
 one thousand eight hundred and forty-four. 
 
 The condition of this obligation is such, that if the above
 
 BONDS. 97 
 
 bounden John Jones, his heirs, executors, administrators, or any 
 of them, shall and do well and truly pay or cause to be paid unto 
 the above-named William Burns, his executors, administrators or 
 assigns, the just and full sum of five hundred dollars, lawful 
 money aforesaid, with legal interest for the same, on or before the 
 twenty-first day of January next, without fraud or further delay, 
 then this obligation to be void and of none effect, or else to be 
 and remain in full force and virtue. 
 
 Signed, sealed and delivered? 
 in presence of 3 *. 
 
 JAMES STILES. 
 
 JOHN JONES. 
 
 Judgment Bond. 
 
 Know all men by these presents, that I, John Jones, of the city 
 of Pittsburgh, am held and firmly bound unto William Burns, of 
 the s^me place, in the sum of one thousand dollars, lawful money 
 of the United States, to be paid to the said William Burns, or his 
 certain attorney, executors, administrators or assigns; to which 
 payment well and truly to be made and done, I do bind myself, 
 my heirs, executors and administrators, and every of them, firmly 
 by these presents : sealed with my seal, and dated the tenth day 
 of May, Anno Domini, one thousand eight hundred and forty- 
 three. 
 
 The condition of this obligation is such, that if the above bound 
 John Jones, his executors, administrators, or any of them, shall 
 and do well and truly pay, or cause to be paid, unto the above- 
 named William Burns, his executors, administrators or assigns, 
 the just and full sum of five hundred dollars, lawful money afore- 
 said, in manner following, that is to say, one hundred dollars on 
 the tenth day of May, one thousand eight hundred and forty-five ; 
 two hundred dollars on the tenth day of May, one thousand eight 
 hundred and forty-six, and the remaining two hundred dollars on 
 the tenth day of May, one thousand eight hundred and forty- 
 seven, with annual interest on the whole sum, without fraud or 
 further delay, then this obligation to be void, or else to be and 
 remain in full force and virtue. 
 
 And further, I do hereby empower any attorney of any of the 
 courts of record, of this state or elsewhere, to appear for me, and 
 after one or more declarations filed for the above penalty, there- 
 upon to confess judgment or judgments against me, as of the last, 
 next, or any subsequent term, with stay of execution' on each 
 i
 
 98 BONDS. 
 
 and every payment, until such payment respectively falls due, 
 and with release of errors, &c. 
 Signed, sealed and delivered 
 in presence of us 
 
 JAMES STILES. 
 THOMAS BROWN. 
 
 JOHN JONES. 
 
 Bond from one to two. 
 
 Know all men by these presents, that I, John Jones, of Lan- 
 caster, in the county of Lancaster, and state of Pennsylvania, am 
 held and firmly bound unto William Burns and Charles Dean, of 
 the same place, in the sum of one thousand dollars, lawful money 
 of the United States, to be paid to the said William Bums and 
 Charles Dean, or one of them, or to their certain attorneys, exe- 
 cutors, administrators or assigns, to which payment well and truly 
 to be made and done, I do bind myself, my heirs, executors and 
 administrators, and every of them, firmly by these presents; sealed 
 with my seal, and dated the first day of June, Anno Domini, 
 one thousand eight hundred and forty-four. 
 
 The condition of this obligation is such, that if the above bound 
 John Jones, his executors or administrators, do arid shall well and 
 truly pay or cause to be paid, to the above-named William Burns 
 and Charles Dean, or either of them, their or either of their exe- 
 cutors, administrators or assigns, the just and full sum of five 
 hundred dollars, lawful money aforesaid, the legal interest for the 
 same, on or before the first day of June, Anno Domini, one thou- 
 sand eight hundred and forty-five, without fraud or further delay, 
 then this obligation to be void, or else to be and remain in full 
 force and virtue. 
 
 Signed, sealed and delivered, ) 
 in presence of 5 
 
 JAMES STILES. 
 
 JOHN JONES. 
 
 Bond from two to one. 
 
 Know all men by these presents, that we, John Jones and 
 William Burns, of Reading, in the county of Berks, and State of 
 Pennsylvania, are held and firmly bound unto Charles Dean, of
 
 BONDS. 99 
 
 the same place, in the sum of one thousand dollars, lawful money 
 of the United States, to be paid to the said Charles Dean, or his 
 certain attorney, executors, administrators or assigns ; to which 
 payment well and truly to be made and done, we do bind our- 
 selves and each of us by himself, [if one of the obligors be a 
 woman, write " by him and herself"] for and in the whole, our 
 heirs, executors, administrators, and each of us, firmly by these 
 presents ; sealed with our seals, and dated the first day of Janu- 
 ary, Anno Domini, one thousand eight hundred and forty-four. 
 
 The condition of this obligation is such, that if the above bound 
 John Jones and William Burns, or either of them, their or either 
 of their executors or administrators, do and shall well and truly 
 pay, or cause to be paid, to the said Charles Dean, his executors, 
 administrators or assigns, the just and full sum of five hundred 
 dollars, lawful money aforesaid, with legal interest for the same, 
 on or before the first day of January, Anno Domini, one thousand 
 eight hundred and forty-five, then this obligation to be void, or 
 else to be and remain in full force and virtue. 
 
 Signed, sealed and delivered > 
 in presence of 5 
 
 JAMES STILES. 
 
 JOHN JONES. 
 
 WILLIAM BURNS. 
 
 Bond of Indemnity to Bail. 
 
 Know all men by these presents, that I, John Jones, of Doyles- 
 town, in the county of Bucks and State of Pennsylvania, am held 
 and firmly bound unto William Burns, of Reading, in the county 
 of Berks, and state aforesaid, in the sum of one thousand dollars, 
 lawful money of the United States, to be paid to the said William 
 Burns, or his certain attorney, executors, administrators or assigns; 
 to which payment well and truly to be made and done, I do bind 
 myself, my heirs, executors, administrators, and every of them, 
 firmly by these presents : Sealed with my seal, and dated the first 
 day of June, Anno Domini, one thousand eight hundred and 
 forty-four. 
 
 Whereas the above-named William Burns, at the special in- 
 stance and request of the above-bound John Jones, together with 
 the said John Jones and Thomas Brown, of Reading aforesaid, 
 is bound to Charles Dean, sheriff of the county of Berks, in the
 
 100 BONDS. 
 
 penal sum of five hundred dollars, lawful money of the United 
 States, conditioned for the appearance of the said John Jones be- 
 fore the judges of the Court of Common Pleas at Reading, in and 
 for the county of Berks, on the first Monday of August next, to 
 answer Richard Dale, in a plea of trespass on the case, [or as 
 the plea is expressed in the bail bond,'] as by the said in part 
 recited bond or obligation and condition thereunder written, may 
 more fully appear : Now the condition of this obligation is such, 
 that if the above-bound John Jones do and shall appear accord- 
 ing to the condition of the said bond, or obligation, and as the 
 law in such cases requires, and if the said John Jones, his heirs, 
 executors and administrators, shall also from time to time, and at 
 all times hereafter, save harmless and indemnify him, the said 
 William Burns, his executors and administrators, and his and 
 their goods and chattels, lands and tenements, of, and from all 
 damages, sum and sums of money, costs and charges whatsoever, 
 which he, they, or any of them, shall, or may at any time or times 
 hereafter sustain, or be put unto, by reason or means of the said 
 William Burns being bound for the appearance of the said John 
 Jones, as aforesaid, then this obligation to be void, or else to be 
 and remain in full force and virtue. 
 
 Signed, sealed and delivered 
 in presence of 
 
 JAMES STILES. 
 
 JOHN JONES. 
 
 Refunding bond to executors, on payment of Legacy. 
 
 Know all men by these presents, that we, John Jones, of Erie, 
 in the county of Erie and State of Pennsylvania, legatee under 
 the last will and testament of Thomas Brown, deceased, and 
 Charles Dean, of Erie aforesaid, are held and firmly bound unto 
 Richard Dale and Abel Stone, executors of the last will and tes- 
 tament of the said Thomas Brown, deceased, in the sum of five 
 hundred dollars, lawful money of the United States, to be paid to 
 the said Richard Dale and Abel Stone, or to their certain attorney, 
 executors, administrators or assigns; to which payment well and 
 truly to be made and done, we do bind ourselves and each of us 
 by himself, for and in the whole, our heirs, executors and admi- 
 nistrators, and every of them firmly by these presents : Sealed 
 with our seals, and dated the first day of May, Anno Domini, 
 one thousand eight hundred and forty-four. 
 
 Whereas the said Thomas Brown, by his said last will and tes- 
 tament, bearing date the tenth day of March, one thousand eight
 
 BONDS. 101 
 
 hundred and forty-three, did give and bequeath unto the said 
 John Jones, a certain legacy of two hundred and fifty dollars, [or 
 " one equal fourth part of his personal estate after the pay- 
 ment of debts" or as the case may be,'] as by the said in part 
 recited will, duly proved and remaining on record in the register's 
 office, at Erie, appears. Now the condition of this obligation is 
 such, that if any part, or the whole of the said legacy, shall at any 
 time after payment thereof to the said John Jones, appear to be 
 wanting to discharge any debt or debts, legacy or legacies, which 
 the said executors shall not have other assets to pay; then and in 
 such case, if the said John Jones, his heirs, executors or adminis- 
 trators, shall and do return the said legacy, or such part thereof 
 as shall be necessary for the payment of the said debts, or the 
 payment of a proportional part of the said legacies, then this 
 obligation shall be void and of none effect, or else shall be and 
 remain in full force and virtue. 
 
 Signed, sealed and delivered } 
 in presence of 5 
 
 JAMES STILES. 
 
 JOHN JONES. 
 
 Refunding bond, given by distributee under approval of court, 
 (Sec. 41 and 57 of Act of 24th of Feb., 1834, relating' to 
 executors and administrators."} 
 
 Know all men by these presents, that we, John Jones and Wil- 
 liam Bums, are held and firmly bound unto the Commonwealth 
 of Pennsylvania, in the sum of five hundred dollars, lawful 
 money, to be paid unto the said commonwealth, her certain attor- 
 ney or assigns, to which payment well and truly to be made, we 
 bind ourselves, and each of us, our heirs, executors, and adminis- 
 trators, jointly and severally, firmly by these presents : Sealed 
 with our seals, dated the tenth day of May, in the year of our 
 Lord one thousand eight hundred and forty-four. Whereas, Abel 
 Brown, administrator of the estate of Charles Dean, deceased, has 
 presented to the Orphans' Court of Allegheny county, a state- 
 ment of all demands against said estate, which have been made 
 known to him, and after deducting the amount thereof from the 
 assets in his hands, together with such further sum as may be 
 necessary to pay the interest and costs of suit of such as may be 
 in dispute, and such as he may deem it his duty to dispute, he is
 
 102 BONDS. 
 
 desirous of making distribution of the residue under the direction 
 of the said Orphans' Court, and whereas the said John Jones is 
 entitled to two hundred and fifty dollars, and the said William 
 Burns has been approved of by the said court, as security for the 
 said John Jones. 
 
 Now the condition of this obligation is such, that if any debt 
 or demand, other than as hereinbefore alluded to be recovered 
 against the estate of the said Charles Dean, or otherwise be duly 
 made to appear, which the said Abel Brown shall not have other 
 assets to pay, then and in such case, if the said John Jones shall 
 and do return and refund the said sum of two hundred and fifty 
 dollars, or such rateable part thereof as may be necessary for the 
 payment of such debt or demand, then this obligation shall be 
 void and of none effect, or else shall be and remain in full force 
 and virtue. 
 Signed, sealed and delivered 
 
 in presence of 
 
 JAMES STILES. 
 
 JOHN JONES. 
 
 WILLIAM BURNS. 
 
 Bond of Guardian at his appointment. 
 
 Know all men by these presents, that we, John Jones, and 
 William Burns, both of Erie, in the county of Erie, and State of 
 Pennsylvania, are held and firmly bound to the Commonwealth 
 
 of Pennsylvania, in the sum of dollars, lawful money, to be 
 
 paid to the said commonwealth, her certain attorney or assigns ; 
 to which payment well and truly to be made and done, we do 
 bind ourselves, our heirs, executors and administrators, and each 
 of us, firmly by these presents: Sealed with our seals, and 
 dated the day of one thousand eight hundred and . 
 
 The condition of this obligation is such, that if the above 
 bonnden John Jones, guardian of Thomas Brown, a minor child 
 of Charles Brown, late of Erie, deceased, shall at -least once in 
 every three years, and at any other time when required by the 
 Orphans' Court for the county of Erie, render a just and true 
 account of the management of the property and estate of the 
 said minor, under his care, and shall also deliver up the said pro- 
 perty, agreeably to the order and decree of the said court, or the 
 directions of law, and shall in all respects faithfully perform the 
 duties of guardian of the said Thomas Brown, then the above 

 
 BONDS. 
 
 103 
 
 obligation shall be void; otherwise it shall be and remain in full 
 force and virtue. 
 
 Signed, sealed and delivered } 
 in presence of 5 
 
 JAMES STILES. 
 
 JOHN JONES. 
 
 WILLIAM BURNS. 
 
 Bond by Executor, on application to Orphans? Court for an 
 order to sell or mortgage Heal Estate. 
 
 Know all men by these presents, that we, John Jones and Wil- 
 liam Burns, of the township of Wayne, and county of Erie, are 
 held and firmly bdund to the Commonwealth of Pennsylvania, in 
 the sum of one thousand dollars, lawful money, to be paid to the 
 said commonwealth : to which payment well and truly to be 
 made, we do bind ourselves, our heirs, executors and adminis- 
 trators, and each of us, firmly by these presents. Sealed with 
 
 our seals, and dated the day of one thousand eight 
 
 hundred and . 
 
 The condition of this obligation is such, that if the above 
 bounden John Jones, executor of the last will and testament of 
 Thomas Brown, late of Concord, deceased, shall and do faithfully 
 execute the powers committed to him by the Orphans' Court of 
 the county of Erie, for selling [or mortgaging] the real estate of 
 the said decedent, and shall make a faithful appropriation of the 
 proceeds of such sale [or mortgage] according to his duty, and 
 in such manner as the said court shall legally decree, then the 
 above obligation to be void, or else to be and remain in full force 
 and virtue. 
 
 Signed, sealed and delivered } 
 in presence of 5 
 
 JAMES STILES. 
 
 JOHN JONES. 
 
 WILLIAM BURNS.
 
 104 BONDS. 
 
 Bond by Administrator, on application to Orphans' Court for 
 an order to sell or mortgage Real Estate. 
 
 Know all men by these presents, &c., [as in the last preceding 
 bond ] The condition of this obligation is such, that if the above- 
 bounden John Jones, administrator of -all and singular, the goods 
 and chattels, lands and tenements, which were of Thomas Brown, 
 late of Erie, deceased, shall and do faithfully, &c., [as in the last 
 preceding condition.] 
 
 Bond by Guardian, on application to Orphans' Court for an 
 order to sell or mortgage Real Estate. 
 
 Know all men by these presents, &c., [as in the bond next pre- 
 ceding the last.] 
 
 The condition of this obligation is such, that if the above- 
 bounden John Jones, guardian of Charles Brown, a minor child 
 of Thomas Brown, late of Erie, deceased, shall and do faithfully, 
 &c., [as in the condition next preceding the last.] 
 
 
 Conditional part of a Bond for the performance of Covenants. 
 
 The condition of this obligation is such, that if the above-bound 
 John Jones, his heirs, executors or administrators, shall and do in 
 all things, well and truly observe, perform, fulfil and keep all and 
 singular, the covenants, grants, articles, clauses, provisoes, condi- 
 tions and agreements whatsoever, which on the part of the said John 
 Jones, are, or ought to be observed, performed, fulfilled and kept, 
 comprised and mentioned in certain Indentures of Lease, bearing 
 even date herewith, and made, or mentioned to be made, between 
 the said John Jones, of the one part, and the above-named Wil- 
 liam Burns, of the other part, according to the purport, true intent 
 and meaning of the same, then this obligation to be void, or else 
 to be and remain in full force and virtue. 
 
 Conditional part of a Bond to execute a Conveyance. 
 
 The condition of this obligation is such, that if the above-bound 
 John Jones, shall and do, on or before the first day of May next 
 ensuing the date hereof, or in case of his death before that time, 
 if the heir or heirs of the said John Jones, within six months next 
 after his decease, (if such heir or heirs stiall be then of full age, 
 or if within age, then within six months after such heir or heirs 
 shall be of full age,) shall and do, upon the reasonable request, and 
 at the proper cost and charges in the law, of the said William 
 Burns, his heirs or assigns, make, execute and acknowledge, or 
 cause to be made, executed and acknowledged, all and every such
 
 BONDS. 105 
 
 act or acts, deed or deeds, conveyance or conveyances whatsoever, 
 which shall be needful or necessary, for conveying, assuring, esta- 
 blishing and confirming unto the said William Burns, his heirs and 
 assigns, a good, pure, absolute, and indefeasible estate of inherit- 
 ance, in fee simple, clear of all incumbranc.es, of, and in a certain 
 messuage, situated in the town of Beaver, Beaver county, Pennsyl- 
 vania, and bounded and described as follows, to wit: \here describe 
 the premises by its boundaries'] with the appurtenances ; and if 
 in the mean time, and while and until the same deed or deeds shall 
 be executed, the said John Jones, his heirs and assigns, shall and 
 do permit and suffer the said William Burns, his heirs and assigns, 
 peaceably and quietly to have, hold and enjoy the same mes- 
 suage, piece or parcel of land, then this obligation to be void, or 
 else to be and remain in full force and virtue. 
 
 Conditional part of a Bond to leave money to a Wife. 
 
 Whereas, a marriage is intended to be shortly had and solem- 
 nized between the above-bound John Jones and Anne Brown, 
 (daughter of the above-named Thomas Brown :) Now the condi- 
 tion of this obligation is such, that if (after the said intended mar- 
 riage) the said Anne Brown, shall happen to survive the said 
 John Jones (her intended husband), then and in such case, if the 
 heirs, executors or administrators of him, the said John Jones, 
 shall and do, within the space of six months next after his de- 
 cease, well and truly pay, or cause to be paid, unto her, the said 
 Anne, or her assigns, the sum of two thousand dollars, to and for 
 her own proper use and benefit, and to be at her own free and 
 absolute disposal, without any manner of account to be given by 
 her, for or concerning the same, then this obligation to be void, or 
 else to be and remain in full force and virtue. 
 
 Conditional part of a Bond to permit a Wife to make a Will. 
 
 Whereas, a marriage is intended to be shortly had and solem- 
 nized between the above-bound John Jones and the said Anne 
 Brown : Now the condition of this obligation is such, that if, after 
 the said intended marriage, the said John Jones shall and do per- 
 mit and suffer the said Anne Brown to make her last will and tes- 
 tament in writing, and in and by the same, at her will and plea- 
 sure, to bequeath, or otherwise dispose of all such household 
 furniture, wearing apparel, or other goods or chattels whatsoever, 
 whereof she is now possessed ; and if the said John Jones, his 
 executors or administrators, shall and do on request to him or 
 them made, well and truly deliver, or cause to be delivered unto 
 the legatee or legatees named in the said will, their legal repre- 
 sentatives or assigns, all such goods and chattels, as shall be to 
 them respectively bequeathed, by the said will, according to the
 
 106 BONDS. 
 
 directions thereof, then this obligation to be void, or else to be and 
 remain in full force and virtue. 
 
 Conditional part of a Bond to maintain Parents. 
 
 Whereas, the said John Jones, and Mary his wife, by Inden- 
 ture bearing even date herewith, have granted and confirmed unto 
 the said William Jones, in fee, a certain messuage situated, &c., 
 [here describe the premises as in the deed,'] with the appurte- 
 nances, the said William Jones having agreed to maintain them, 
 the said John Jones and Mary his wife (his father and mother) 
 during their natural lives, or the life of the survivor of them : 
 Now the condition of this obligation is such, that if the above- 
 bound William Jones, his heirs, executors, administrators or 
 assigns, shall and do well and sufficiently maintain, support and 
 keep the said John Jones and Mary his wife, during their natural 
 lives, and the life of the survivor of them, with good and suffi- 
 cient meat, drink, apparel, washing, lodging, and attendance in 
 sickness and in health ; -and also pay unto them, him or her, the 
 sum of forty dollars yearly, during the term aforesaid, then this 
 obligation to be void, or else to be and remain in full force and 
 virtue. 
 
 Another to maintain Parents. 
 
 Whereas, the said John Jones and Mary his wife, by Indenture 
 bearing even date herewith, have granted and confirmed unto the 
 said William Jones, in fee, a certain messuage situated, &c., [here 
 describe the premises as in the deed,] with the appurtenances, 
 the said William Jones having agreed to maintain them, the said 
 John Jones and Mary his wife (his father and mother), during 
 their natural lives, and the life of the survivor of them : Now the 
 . condition of this obligation is such, that if the said William Burns, 
 his heirs, executors, administrators or assigns, shall and do allow 
 the said John Jones arid Mary his wife, and the survivor of them, 
 the sole use of the house [or room] which they now occupy, on 
 the premises, with the necessary privileges in the kitchen and cel- 
 lar, and shall and do deliver or cause to be 7 delivered unto the 
 said John Jones yearly, and every year, during the joint lives of 
 the said John Jones and Mary his wife, the following articles in 
 good order, and at proper seasons to wit : [here mention the arti- 
 cles,] and in case of the death of either of them, shall and do deliver 
 unto the survivor of them, the articles aforesaid, and shall and 
 do provide and keep for them, and the survivor of them, a good 
 riding horse and milk cow, to be changed as often as need be, and 
 feed and pasture the same, in like manner with his or their own, 
 then this obligation to be void ; but if default shall be made in any
 
 BONDS. 107 
 
 of the articles aforesaid, then to be and remain in full force and 
 virtue. 
 
 Jl conditional part of a Bond to keep a person during life. 
 
 The condition of this obligation is such, that whereas, the above- 
 bound John Jones, for and in consideration of a competent sum 
 of money, as well as the sum of one dollar to him in hand paid, 
 by the above-named William Burns, has agreed and undertaken 
 to keep the said William Burns, during his natural life ; if, there- 
 fore, the said John Jones, his executors, administrators or assigns, 
 do and sha^from time to time, and at all times hereafter, during 
 the life of the said William Burns, well and sufficiently maintain 
 and keep, or cause to be well and sufficiently maintained and 
 kept, the said William Burns, in the house of him the said John 
 Jones, with meat, drink, clothes, and all other things necessary 
 and convenient, then this obligation to be void, or else to be and 
 remain in full force and virtue. 
 
 ./? conditional part of a Bond to execute a Conveyance at a 
 time to come, and that the obligee receive the profits. 
 
 The condition of this obligation is such, that if the above-bound 
 John Jones, his heirs, executors or administrators, do and shall, 
 upon and at the request, of the said William Burns, his heirs or 
 assigns, on or before the first day of May, next ensuing the date 
 hereof, convey and assure, or cause to be 'Conveyed and assured 
 unto the said William Bums, his heirs and assigns, or to such 
 other person and persons, and to his and their heirs, as the said 
 William Burns shall nominate and appoint, and to such uses as 
 he shall direct, a messuage or tenement, situated &c., [here de- 
 scribe the premise.? by boundaries,] now in the possession of 
 Charles Dean, by such conveyances and assurances in the law, 
 as by the said William Burns or his heirs, or by his or their coun- 
 sel learned in the law, shall be reasonably devised or advised, and 
 required, freed and discharged of and from all incumbrances what- 
 soever, except, &c. And also, if the said John Jones, his heirs, 
 and assigns, or either of them do and shall, until such a convey- 
 ance and assurance be made and executed as aforesaid, permit 
 and suffer the said William Burns, his heirs and assigns, peace- 
 ably and quietly to have, receive and take to his and their own 
 proper use and uses, the rents, issues and profits of all and sin- 
 gular the premises, and every part and parcel thereof, without 
 any manner of let, suit, trouble, disturbance, hindrance or denial 
 of the said John Jones, his heirs and assigns, or any of them, or 
 of any other person or persons whatsoever, by his or their, or any 
 of their means, right, title or procurement, then this obligation to 
 be void, or else to be and remain in full force and virtue.
 
 108 BONDS. 
 
 .# conditional part of a Bond for service of an Apprentice. 
 
 Whereas, Thomas Jones, son of the above-bound John Jones, 
 by Indenture of Apprenticeship bearing even date with the above- 
 written obligation, hath bound and put himself apprentice to the 
 above-named William Burns, with him to dwell and abide, from 
 the day of the date hereof, unto the full end and term of five 
 years, thence next ensuing, and fully to be completed and ended, 
 as by the said Indenture may more fully appear. 
 
 Now the condition of this obligation is such, that if the said 
 Thomas Jones shall well and truly serve and dwell^ith the said 
 William Burns, after the manner of an apprentice,wuring all the 
 said term of five years, according to the true intent and meaning 
 of the said Indenture, and shall behave himself honestly and obe- 
 diently towards the said William Burns, [A/.? executors, adminis- 
 trators, or assigns,] as a good and dutiful apprentice ought to 
 do, during the said term, then this obligation to be void, or else 
 to be and remain in full force and virtue. 
 
 Jl conditional part of a Bond of an Attorney to account to his 
 
 Constituent. 
 
 Whereas, by letter of Attorney bearing date the tenth day of 
 June, Anno Domini one thousand eight hundred and forty four, 
 the said William Burns hath duly authorized and empowered the 
 above-bound John Jones to recover and receive divers debts and 
 sums of money to the use of the said William Burns, as by the 
 said Letter of Attorney more fully and at large appears. Now 
 the condition of this obligation is such, that if the above-bound 
 John Jones shall and do account for and pay unto the said Wil- 
 liam Burns, his executors, administrators, or assigns, all such sum 
 or sums of money as he shall from time to time receive, by virtue 
 of the said Letter of Attorney, (the reasonable commissions and 
 expenses of the said John Jones for recovering and receiving the 
 same, being first deducted therefrom,) then the above sbligatiou 
 to be void, or else to be and remain in full force and virtue. 
 
 Conditional part of a Bond of a Treasurer of a Company. 
 
 Whereas, the above-bounden John Jones has been chosen trea- 
 surer of the Erie and Waterford Turnpike Road Company, and 
 by reason whereof, he will receive into his hands divers sums of 
 money, goods and chattels, and other things, the property of the 
 said Company : Now the condition of this obligation is such, that 
 * if the said John Jones, his executors or administrators, at the ex- 
 piration of his said office, upon request to him or them made, 
 shall make and give unto such auditor or auditors, as shall be
 
 BONDS. 109 
 
 appointed by the said Company, a just and true account of all 
 such sum or sums of money, goods and chattels, and other 
 things, as have come into his hands, charge or possession, as trea- 
 surer aforesaid, and shall and do pay and deliver over, to his suc- 
 cessor in office, or any other person duly authorized to receive the 
 ''same, all such balances or sums of money, goods and chattels, 
 and other things, which shall appear to be in his hands, and due 
 from him to the said Company, then this obligation to be void, or 
 else to be and remain in full force and virtue. 
 
 Conditional part of a Bond to a Mother of a Bastard Child. 
 
 The condition of this obligation is such, that if the above-bound 
 John Jones, his heirs, executors, administrators, or any of them, 
 shall and do well and truly pay, or cause to be paid, unto, the 
 above-named Mary Burns, or to her certain attorney, executors, 
 administrators or assigns, the just and full sum of one dollar law- 
 ful money as aforesaid, weekly, and every week until a certain 
 male bastard child, born of the body of her the said Mary Burns, 
 begotten by him the said fijm Jones, arrives at the age of seven 
 years, if the said child shoma so long live, the first payment to be 
 made on the eighth day of May, instant, [if given pursuant to 
 the judgment of the Court of General Quarter Sessions of the 
 Peace, add the following words : " According to the sentence 
 of the Court of General Quarter Sessions of the Peace, of 
 Berks County, held August Sessions, 1844/ ? ] then this obliga- 
 tion to be void, or else to be and remain in full force and virtue. 
 
 Conditional part of a Bond of Indemnity to Surety in 
 
 a Bond. 
 
 The condition of this obligation is such, that whereas the above- 
 named William Burns, at the special instance and request of the 
 above-bounden John Jones, and for his only debt, duty, matter 
 and cause, together with him, the said John Jones, are held and 
 firmly bound unto a certain Thomas Dale, of Harrisburg, in and 
 by one obligation, bearing even date herewith, in the penal sum 
 of one thousand dollars, lawful money as aforesaid, conditioned 
 for the true payment of five hundred dollars, like money, on or 
 before the tenth day of October, next ensuing the date of the said 
 obligation and condition thereof, relation being thereunto had ap- 
 pears. If, therefore, the said John Jones, his heirs, executors or 
 administrators, shall and do on or before the said tenth day of 
 October, well and truly pay, or cause to be paid, unto the above- 
 named Thomas Dale, or his certain attorney, executors, adminis- 
 trators or assigns, the aforesaid debt or sum of five hundred dol- 
 lars, with interest, in discharge of the said recited obligation, and 
 K
 
 
 HO BONDS. 
 
 also, shall and do from time to time, and at all times hereafter, 
 well and sufficiently save, defend, keep harmless and indemnify 
 the said William Burns, his heirs, executors and administrators, 
 and his and their goods and chattels, lands.and tenements, of and 
 from the said obligation, and of and from all actions, suits, pay- 
 ments, costs, charges and damages, for or byfreason thereof, then* 
 this obligation to be void, or else to be and remain in full force 
 and virtue. 
 
 Conditional part of Bond of Indemnity to Bail in Bail Bond. 
 
 The condition of this obligation is such, that whereas the above- 
 named William Burns, at the special instance and request of the 
 above-bound John Jones, in and by one obligation, bearing date 
 the tenth day of June, Anno Domini one thousand eight hundred 
 and forty-four, became bound unto Thomas Dale, Esq., High She- 
 riff of the county of Berks, in the sum of four hundred dollars, 
 conditioned for the appearance of the said John Jones before the 
 Court of Common Pleas, to be held at Reading, the fourth day of 
 August next, as by the said recited ob|^.tion and condition thereof, 
 relation being thereunto had, appears: 
 
 If, therefore, the said John Jones shall appear according to the 
 said obligation, and as the law requires ; and also shall and do 
 from time to time, and at all times hereafter, well and sufficiently 
 save, defend, keep harmless, and indemnify the said William 
 Burns, his heirs, executors and administrators, and his and their 
 goods and chattels, lands and tenements, of and from the said 
 obligation, and of and from all actions, suits, payments, costs, 
 charges and damages, for or by reason thereof, then this obliga- 
 tion to be void, or else to be and remain in full force and virtue. 
 
 Conditional part of a Bond of Indemnity to Special Bail. 
 
 The condition of this obligation is such, that whereas the above- 
 named William Burns, at the special instance and request of the 
 above-bound John Jones, became special bail for the said John 
 Jones, in a certain action of trespass [debt, or as the case may 
 be] at the suit of Daniel Stone, in the Court of Common Pleas, of 
 the county of Erie, as by the recognisance of bail, on record in 
 the said court, relation being thereunto had, appears. If, there- 
 fore, the said John Jones shall appear according to the condition 
 of the said obligation, and as the law requires ; and also, shall 
 and do from time to time, and at all times hereafter, well and 
 sufficiently save, defend, keep harmless, and indemnify the said 
 William Burns, his heirs, executors and administrators, and his 
 and their goods and chattels, lands and tenements, of and from 
 the said obligation, and of and from all actions, suits, payments,
 
 BONDS. HI 
 
 costs, charges and damages, for or by reason thereof, then this 
 obligation to be void, or else to be and remain in full force and 
 virtue. 
 
 Conditional part of Bond of Indemnity to Bail in Recogni- 
 zance. 
 
 The condition of this obligation is such, that whereas the above- 
 named William Burns, at the special instance and request of the 
 above-bound John Jones, standeth bound for the said John Jones, 
 to the commonwealth of Pennsylvania, in the sum of five hun- 
 dred dollars conditioned for the appearance of the said John Jones, 
 at the next Court of General Quarter Sessions of the Peace, to be 
 held at Mercer, in and for the county of Mercer, aforesaid, to 
 answer to such matters and things as shall then and there be ob- 
 jected against him on the Commonwealth's behalf, [or to answer 
 a certain indictment preferred against him, for fyc.,~\ and also 
 that the said John Jones shall in the mean time keep the peace 
 and be of good behaviour towards all the citizens of the Common- 
 wealth, and especially towards James Stiles, as by the said recog- 
 nizance, relation being thereunto had, appears. If, therefore, the 
 said John Jones shall appear, according to the condition of the 
 said obligation, and as the law requires ; and also, shall and do 
 from time to time, and at all times hereafter, well and sufficiently 
 save, defend, keep harmless and indemnify the said William 
 Burns, his heirs, executors and administrators, and his and their 
 goods and chattels, lands and tenements, of and from the said 
 obligation, and of and from all actions, suits, payments, costs, 
 charges and damages, for or by reason thereof, then this obliga- 
 tion to be void, or else to remain in full force and virtue. 
 
 Conditional part of a Bond of Indemnity to surety in an 
 Administration Bond. 
 
 The condition of this obligation is such, that whereas the above- 
 named William Burns, at the special instance and request of the 
 above-bound John Jones, in and by a certain obligation, bearing 
 date the tenth day of May, one thousand eight hundred and forty- 
 four, hath become bound together with the said John Jones, 
 unto Thomas Brown, Esq., register for the probate of wills and 
 granting letters of administration in and for the county of Ly- 
 coming aforesaid, in the sum of one thousand dollars, for the 
 due administration of all and singular the goods and chattels, 
 
 rights and credits, which were of James Stiles, late of , who 
 
 died intestate, &c., as by the said recited obltgation and condition 
 thereof, remaining in the Register's office at Williamsport, rela- 
 tion being thereunto had, appears. If, therefore, the said John
 
 
 112 
 
 BONDS. 
 
 Jones, administrator as aforesaid, shall and donvell and truly 
 administer all and singular, the goods and chattels, rights and 
 credits which were of the aforesaid James Stiles, according to 
 law, and do and perform every other act and acts, matters and 
 things, on the part and in behalf of the said John Jones, to be 
 done and performed, according to the true intent and meaning of 
 the condition of the said recited obligation ; and also shall and do 
 from time to time, and at all times hereafter, well and sufficiently 
 save, defend, keep harmless and indemnify the said William 
 Burns, his heirs, executors and administrators, and his and their 
 goods and chattels, lands and tenements, of and from all actions, 
 suits, payments, costs, charges and damages, for or by reason 
 thereof, then this obligation to be void, or else to remain in full 
 force and virtue. 
 
 Conditional part of a Bond of Indemnity to Executor on 
 payment of a Legacy. 
 
 The condition of this obligation is such, that whereas William 
 Burns, by his last will and testament, bearing date the tenth day 
 of May, one thousand eight hundred and forty, did bequeath unto 
 James Jones, the son of the above-bound John Jones, a certain 
 legacy of two hundred dollars, &c. And whereas, the said Tho- 
 mas Brown, at the request of the said John Jones, hath paid the 
 said legacy unto him for the use and benefit of his said son, who 
 is a minor, under the age of twenty-one years. If, therefore, the 
 said John Jones, his heirs, executors or administrators, shall cause 
 and procure the said James Jones, the son, on his arrival at the 
 age of twenty-one years, to release the legacy aforesaid, unto the 
 said Thomas Brown ; and also, shall and do from time to time, 
 and at all times hereafter, well and sufficiently save, defend, keep 
 harmless and indemnify, the said Thomas Brown, his heirs, execu- 
 tors and administrators, and his and their goods and chattels, lands 
 and tenements, of and from the said obligation, and of and from 
 all actions, suits, payments, costs, charges and damages, for or by 
 reason thereof, then this obligation to be void, or else to be and 
 remain in full force and virtue. 
 
 Conditional part of a Bond of Indemnity to save harmless on 
 paying Rent. 
 
 The condition of this obligation is such, that whereas the above- 
 named John Jones, by indenture of lease, bearing date the tenth 
 day of March, one thousand eight hundred and forty-four, hath 
 demised arid to farm let, unto the said William Burns, all that 
 messuage [describe Ike premises as in the lease']. To hold the 
 same to the said William Burns, for the term of one year, paying
 
 w 
 
 BONDS. H3 
 
 &c., \as in the lease,~\ as in and by the said indenture appears. 
 And whereas a certain Thomas Dale claims title to the premises 
 aforesaid, with the appurtenances. If, therefore, the said John 
 Jones shall and do from time to time, indemnify the said William 
 Burns, his heirs, executors and administrators, and his and their 
 goods and chattels, lands and tenements, of and from the claim of 
 the said Thomas Dale, and of and from all actions, suits, pay- 
 ments, costs, charges and damages, for or by reason thereof, then 
 this obligation to be void, or else to be and remain in full force 
 and virtue. 
 
 Conditional part of a Bond of Indemnity against Claim for 
 
 Dower. 
 
 The condition of this obligation is such, that whereas the above- 
 bound John Jones, by indenture bearing date the first day of 
 May, one thousand eight hundred and forty-two, hath granted, 
 bargained and sold unto the above-named William Burns, all that 
 certain messuage or piece of land situate, &c., [describe the pre- 
 mises,'] with the appurtenances, to hold the same to him, his heirs 
 and assigns forever, as by the said indenture, relation being there- 
 unto had, appears. If, therefore, the said John Jones, his heirs, 
 executors and administrators, shall and do from time to time, and 
 at all times hereafter, well and sufficiently save, keep harmless 
 and indemnify the said William Burns, his heirs, executors and 
 administrators, and his and their goods and chattels, lands and 
 tenements, of and from the dower, or thirds which Mary Jones, 
 the wife [or mother, #c..] of the said John Jones, shall or may 
 claim in the premises, and of and from all actions, suits, payments, 
 costs, charges and damages, for and by reason thereof, then this 
 obligation to be void, or else to be and remain in full force and 
 virtue. 
 
 Conditional part of a Bond of Indemnify for a Bond mislaid 
 
 or lost. 
 
 The condition of this obligation is such, that whereas the above- 
 named John Jones, in and by a certain obligation bearing date on 
 or about the first day of May last past, became bound unto the 
 above-named William Burns in the sum of two hundred dollars, 
 conditioned for the payment of one hundred dollars, which said 
 obligation has been since lost or mislaid ; and whereas, the said 
 John Jones hath fully satisfied and paid the said sum of one hun- 
 dred dollars, with interest due on the said obligation, the receipt 
 whereof, the said William Burns doth hereby acknowledge, and 
 thereof, and from every part thereof, and all actions, suits and 
 demands, concerning the same, acquit and forever discharge the 
 
 K*
 
 114 BONDS. 
 
 said John Jones, his heirs, executors and administrators, by these 
 presents. If, therefore, the said William Burns, his heirs, execu- 
 tors and administrators, shall and do deliver up the said obliga- 
 tion, when it shall be found, to the said John Jones, his heirs, 
 executors or administrators, to be canceled ; and until the same 
 shall be so delivered up and canceled, save, defend, keep harm- 
 less and indemnify, the said John Jones, his heirs, executors and 
 administrators, and his and their goods and chattels, lands and tene- 
 ments, of and from the said obligation, and of and from all actions, 
 suits, payments, costs, charges and damages, for or by reason 
 thereof, then this obligation to be void, or else to be and remain 
 in full force and virtue. 
 
 Bond to the County for a Bastard Child. 
 
 Know all men by these presents, that we, John Jones and Wil- 
 liam Burns, of the township of Greenwich, in the county of Berks, 
 and state of Pennsylvania, are held and firmly bound unto James 
 Dean and Daniel Stone, Overseers of the poor of the county afore- 
 said, for the time being, in the just and full sum of five hundred 
 dollars, lawful money of the United States, to be paid to the said 
 Overseers of the poor, or to either of them, or either of their cer- 
 tain attorneys, successors or assigns, to which payment well and 
 truly to be made and done, we do bind ourselves, jointly and 
 severally, our heirs, executors and administrators, and every of 
 them firmly by these presents : Sealed with our seals, and dated 
 the tenth day of May, one thousand eight hundred and forty-four. 
 
 The condition of this obligation is such, that whereas Mary 
 Ware, of Bern, in the county aforesaid, single woman, is now 
 pregnant with child, [or hath lately been delivered of a male 
 bastard child, in the township aforesaid,] and hath charged the 
 said John Jones with being the father thereof; if, therefore, the 
 said John Jones shall and do from time to time, and at all times 
 hereafter well and sufficiently save, defend, keep harmless and 
 indemnify the said James Dean and Daniel Stone, and their 
 successors, overseers of the poor of the said county, for the 
 time being, and also all . the inhabitants thereof, of and from 
 all expenses, costs, charges and damages whatsoever, which 
 shall or may hereafter happen or accrue, for or by reason or 
 means of the birth, maintenance, education or bringing up of the 
 said child, [or of such child or children wherewith, the said Mary 
 Ware now goeth,~\ and of and from all actions, suits, -troubles 
 and demands whatsoever, touching or concerning the same, then 
 this obligation to be void, or else to be and remain in full force 
 and virtue.
 
 
 BONDS. 115 
 
 Bond to refund Money on failure of Contract. 
 
 Know all men by these presents, that we, John Jones and Wil- 
 liam Burns, of Carlisle, in the county of Cumberland and State 
 of Pennsylvania, are held and firmly bound unto Daniel Stone 
 and James Dean, trustees [or if not incorporated, say " mem- 
 bers"] of the first Associate Reformed Presbyterian Congregation 
 of Carlisle, county and state aforesaid, in the sum of two thou- 
 sand dollars, lawful money of the United States, to be paid to the 
 said Daniel Stone and James Dean, or to their certain attorney, 
 successors or assigns, in trust for the said congregation, to which 
 payment well and truly to be made and done, we do bind our- 
 selves, jointly and severally, our heirs, executors and administra- 
 tors, and every of them firmly by these presents : Sealed with our 
 seals, and dated the tenth day of October, one thousand eight 
 hundred and forty-four. 
 
 Whereas the said John Jones, for the consideration of one thou- 
 sand dollars, to him in hand paid, or secured to be paid, did make, 
 finish and sell unto the said congregation an organ [clock, or 
 other article], which he has delivered and placed in the said 
 church. Now the said John Jones doth hereby for himself, his 
 heirs, executors and administrators, warrant the said organ to be 
 good in each and every respect, and to remain good and sufficient 
 for the term of five years. 
 
 Now, the condition of this obligation is such, that if the said 
 organ shall, within the time aforesaid, prove defective or insuffi- 
 cient, in the opinion of any three competent artists or mechanics, 
 who shall be disinterested, and if the said John Jones, his heirs, 
 executors or administrators, shall repair, amend and render the 
 same good and sufficient in all its parts, or, if he shall pay or 
 make full satisfaction unto the said congregation, for the consider- 
 ation money aforesaid, and save, keep harmless and indemnify 
 the said congregation, on account of the said organ, or any mat- 
 ter concerning the same, then the above obligation to be void, or 
 else to be and remain in full force and virtue. 
 
 Replevin Bond to Sheriff by Plaintiff. 
 
 Know all men by these presents, that we, John Jones and Wil- 
 liam Burns, are held and firmly bound unto Thomas Brown, Esq., 
 High Sheriff of the county of Allegheny, in the just and full sum 
 of five hundred dollars, lawful money of the United States, to be 
 paid to the said Thomas Brown, Esq., his certain attorney, exe- 
 cutors, administrators or assigns, to which payment well and truly 
 to be made and done, we do bind ourselves and each of us, our 
 and each of our heirs, executors, administrators and every of 
 them, jointly and severally, firmly by these presents: Sealed with
 
 
 116 BONDS. 
 
 our seals, and dated the first day of June, Anno Domini one thou- 
 sand eight hundred and forty-four. 
 
 The condition of this obligation is such, that whereas the above- 
 bound John Jones having obtained a certain writ of replevin, 
 issued out of the Court of Common Pleas of the said county, 
 tested at Pittsburgh, the twenty-second day of May, A. D. 1844, 
 against a certain Daniel Stone, of the county aforesaid, command- 
 ing the said sheriff, that he should replevy and cause to be deli- 
 vered to the said John Jones, one black horse, &c. [describe the 
 property as in the writ}. Now if the above-bound John Jones 
 shall and will prosecute his suit against the said Daniel Stone 
 with effect, and shall and will make return of the said goods, if 
 return of the same shall be adjudged, and shall and will also, 
 from time to time, and at all times hereafter, well and suffi- 
 ciently keep, save harmless and indemnify the above-named she- 
 riff and his officers, and his and their heirs, executors and admi- 
 nistrators, and every of them, of and from all -suits, costs and 
 charges whatsoever, that shall and may accrue to him or them, 
 by reason of the replevy and delivery aforesaid, that then this 
 obligation shall be void, or else to be and remain in full force and 
 virtue. 
 
 Sealed and delivered in ~) 
 presence of 5 
 
 JAMES STILES. 
 
 JOHN JONES. 
 
 Properly Bond in Replevin, to Sheriff by Defendant. 
 
 Know all men by these presents, that we, &c. [as in the re- 
 plevin bond to sheriff by plaintiff']. The condition of this obli- 
 gation is such, that whereas John Jones having obtained a certain 
 writ of replevin, issued out of the Court of Common Pleas of 
 Allegheny county, tested at Pittsburgh, the twenty-second day of 
 May, A. D. 1844, against the above-bound Daniel Stone, of the 
 county aforesaid, commanding the said sheriff that he should re- 
 plevy, and cause to be delivered to the said John Jones, one black 
 horse, &c. \as in iurit of replevin]. 
 
 And whereas, the said Daniel Stone hath claimed property in 
 the said black horse, &c., wherefore, delivery of the said black 
 horse, &c., -cannot be made. Now, if the above-bound Daniel
 
 BONDS. 117 
 
 Stone shall and do well and truly deliver up the said black horse, 
 &c., to the said John Jones, if the property thereof sfya.ll De ad- 
 judged in the said John Jones, and shall and do well and truly 
 abide by the judgment of the said court in all things relating to 
 the premises, and shall also save, keep harmless and indemnify 
 the said sheriff in the premises, then this obligation to be void, or 
 else to be and remain in full force and virtue. 
 
 Bond of Indemnity in case of Foreign Attachment. 
 
 Know all men by these presents, &c. [as in the replevin bond 
 to sheriff by plaintiff]. 
 
 The condition of this obligation is such, that whereas in and 
 by a certain writ of attachment, issued out of the Court of Com- 
 mon Pleas of Union County, tested at New Berlin, the tenth day 
 of May, Anno Domini 1844, commanding'the said sheriff that he 
 should attach Daniel Stone, by all and singular, the goods and 
 chattels, lands and tenements, in whose hands or possession 
 . soever the same might be found in his bailiwick, &c., to answer 
 John Jones in a plea of trespass on the case, &c., which said writ 
 is returnable the first Monday of August next ensuing. 
 
 Now, if the said John Jones shall and will save harmless and 
 indemnify the above-named Thomas Brown, sheriff as aforesaid, 
 and his officers, and every of them, for or by reason of his or 
 their executing the said writ, as therein he is commanded, and if 
 the said John Jones shall and will prosecute his said plea against 
 the said Daniel Stone, with effect according to law, and abide the 
 judgment and award of said court, then this obligation shall be 
 void, or else to be and remain in full force and virtue. 
 
 Bond of Indemnity upon Levy and Sale. 
 
 Know all men by these presents, that we, &c. [as in the re- 
 plevin bond]. The condition of this obligation is such, that 
 whereas a writ of fieri facias has lately issued out of the 
 Court of Common Pleas of the county of Lancaster, tested at 
 Lancaster, the tenth day of June, Anno Domini one thousand 
 eight hundred arid forty-four, directed to the above-named Thomas 
 Brown, sheriff of the said county, at the suit of the said John 
 Jones, against Daniel Stone, commanding him, the said sheriff, to 
 cause to be levied of the goods and chattels, lands and tenements, 
 of the said Daniel Stone, in his bailiwick, the sum of five hundred 
 dollars, which \vas lately adjudged to the said John Jones, as well 
 for his damages, as for his costs and charges by him about his said 
 suit in that behalf expended. And whereas the said sheriff does 
 not certainly know what are the goods and chattels, <jr effects of 
 the said Daniel Stone : if, therefore, the said John Jones, his heirs, 
 executors and administrators, shall and do from time to time, and
 
 118 BONDS. 
 
 at all times hereafter, indemnify and save harmless the above- 
 named Thomas Brown, sheriff as aforesaid, and his officers, and 
 his and their heirs, executors and administrators, and every of 
 them, and his and their goods and chattels, lands and tenements, 
 of and from all manner of suits, action arid actions, damages, 
 costs or charges whatsoever, that shall or may accrue to him or 
 them, or either or any of them, on account of his or their levying 
 upon, or levying upon and selling, by the direction of him, the 
 said John Jones, and by force of the said writ, the goods and 
 chattels of any person or persons whatsoever, as, or supposing 
 them to be the goods and chattels of the said Daniel Stone, then 
 this obligation to be void, or else to be and remain in full force 
 and virtue. 
 
 Conditional part of a Bond of Indemnity for the payment of 
 an Annuity during life. 
 
 Whereas the above-bound John Jones, on the day of the date 
 of the above- written obligation, hath had and received to his own 
 use, of and from the above-named William Burns, the sum of 
 one thousand dollars, the receipt whereof, he, the said John Jones, 
 doth hereby acknowledge, for consideration whereof, he, the said 
 John Jones, hath agreed to pay unto the said William Bums one 
 annuity or clear yearly sum of one hundred dollars, during his 
 natural life, to be paid in manner hereafter to be mentioned. 
 Now, the condition of this obligation is such, that if the above- 
 bounden John Jones, his heirs, executors or administrators, or any 
 of them do, and shall yearly and every year, during the natural 
 life of the above-named William Burns, well and truly pay, or 
 cause to be paid, to him, the said William Burns, or his assigns, 
 the clear yearly sum of one hundred dollars, by quarterly pay- 
 ments, on the four following days of payment, in the year, that is 
 to say, the first days of January, April, July and October, in each 
 year, by even and equal portions, the first payment thereof to 
 begin and be made on the first day of January next ensuing the 
 date of the above-written obligation, then this obligation to be 
 void ; but if default shall happen to be made of or in any of the 
 said quarterly payments, or any part thereof, on any or either of 
 the said quarterly days on which the same ought to be paid as 
 aforesaid, then the same shall stand and remain in full force and 
 virtue. 
 
 Sealed and delivered in ~) 
 presence of "*$ 
 
 JAMES STILES. 
 
 JOHN JONES.
 
 BONDS. ; * v 119 
 
 Conditional part of a Bond of Indemnity to discharge imum- 
 
 brances. 
 
 The condition of this obligation is such, that whereas the above- 
 bound John Jones, by indenture bearing even date herewith, 
 hath granted, bargained and sold unto the above-named William 
 Burns, a certain messuage or piece of land, situate, &c., [describe 
 the premises as in the deed,'] with the appurtenances. And 
 whereas the piece of land is subject to the lien of a judgment in 
 favour of Daniel Stone, against the said John Jones, in the Court 
 of Common Pleas of Union County, for two hundred dollars be- 
 sides interest and costs : if, therefore, the said John Jones do and 
 shall, on or before the first day of May, one thousand eight hun- 
 dred and forty-five, pay and satisfy the said judgment, interest and 
 cost in full, and procure such satisfaction to be entered of record 
 in said court, and do and shall from time to time, and at all times 
 hereafter, well and sufficiently save, keep harmless and indemnify 
 the said William Burns, his heirs, executors, administrators, of 
 and from the said judgment, and of and from all actions, suits, 
 payments, costs, charges and damages, for or by reason thereof, 
 then this obligation to be void, or otherwise to be and remain in 
 full force and virtue. < 
 
 Conditional part of a Bond to indemnify Indorsers. 
 
 The condition of this obligation is such, that whereas the said 
 William Burns and Daniel Stone, at the special instance and re- 
 quest of the above-bound John Jones, did indorse for the said 
 John Jones, a certain promissory note dated the tenth day of May, 
 1844, for the payment of six hundred dollars, payable at the Ex- 
 change Bank in the city of Pittsburgh, ninety days after date ; 
 also, one other note dated the twenty-second day of May, 
 1844, for the payment of five hundred dollars, payable at the 
 Exchange Bank in the city of Pittsburgh, ninety days after date 
 thereof, both which said notes were indorsed by them for the 
 accommodation of the said John Jones. If, therefore, the said 
 John Jones shall and do from time to time, and at all times here- 
 after, well and sufficiently save, defend, keep harmless and indem- 
 lify the said William Burns arid Daniel Stone, their heirs, exe- 
 cutors, administrators, and their goods and chattels, lands and 
 tenements, of and from the said liabilities as indorsers, as afore- 
 said, or for the removal of the said notes by indorsing other paper 
 for that purpose, for the said John Jones, and of and from all 
 actions, suits, payments, costs, charges and damages, for or by 
 reason thereof, then this obligation to be void, or else to be and 
 remain in full force and virtue.
 
 
 120 BONDS. 
 
 Conditional part of a Bond for payment of Money after a 
 person's death. 
 
 The condition of the above-written obligation is such, that if 
 the above-bound John Jones, his heirs, executors or administra- 
 tors, do and shall well and truly pay, or cause to be paid, unto 
 the above-named William Burns, his executors, administrators or 
 assigns, the sum of one thousand dollars, within the space of six 
 months next after the decease of Charles Doe, otherwise to remain 
 in full force and virtue. 
 
 Conditional part of a Bond of Indemnity by an Executor 
 who retains Money in his hands directed by the Will to be 
 put out at Interest. 
 
 Whereas A. A., late of , late husband of the above-named 
 
 B. A., by his last will and testament in writing, bearing date on 
 or about the day of , did, amongst divers other pecu- 
 niary legacies, give unto the said B. A., and to the above-bounden 
 G. F. (by the description, &c.) and to the survivors of them, and 
 to the executors and administrators of such survivor, the sum of 
 
 dollars, upon trust, to place the same out in bank stock, and 
 
 to pay and apply the interest and process thereof, for and towards 
 the maintenance and education of all and every the children of 
 his niece S. F. by her said husband, J. F., in such shares and pro- 
 portions as his said niece should direct, until her said children 
 should attain their respective ages of twenty-one years ; and then 
 in trust to pay to the said children, and to the survivor or surviv- 
 ors of them, the said sum of dollars, or the produce thereof, 
 
 at their respective ages of twenty-one years, equally between 
 them, share and share alike ; and of his said will, did constitute 
 and appoint his said wife, B., and his nephew-in-law J. F., exe- 
 cutrix and executor, as by the said will duly proved in the regis- 
 ter's office of the county of , relation being thereunto had, 
 
 will appear : and whereas the said S. F. had, at the time the 
 testator made his said will, and still hath five children living by 
 her said husband, J. F. ? that is to say, A., B., C., D., and E., all 
 still under age : and whereas the said J. F. and S. L. have re^ 
 quested the said J. F. to retain in his hands, out of the said testa- 
 tor's estate, the said legacy of dollars, so given to them, the 
 
 said B. A. and J. F. as aforesaid, until they shall severally become 
 entitled to receive their proportions of the same, which the said 
 B. A. hath agreed to, or the said J. F. and S. L. indemnifying her 
 therein, (as hereinafter is mentioned;) now the condition of this 
 obligation is such, that if the above-bounden J. F., his heirs, exe- 
 cutors or administrators, do and shall well and truly pay, or cause 
 to be paid, unto the said A., B., C., D. and E., children of the
 
 BONDS. 121 
 
 said J. F., by the said J. F., or to the survivor or survivors of them, 
 
 the said legacy or sum of dollars, so given to the said B. A. 
 
 and J: F., by the recited will, in trust for them as aforesaid, when 
 and as they shall respectively attain the age of twenty-one years, 
 in the proportions and according to the directions of the said 
 recited will, and do and shall, from time to time, and at all times 
 hereafter, well and sufficiently save harmless, and keep indemni- 
 fied, the said B. A., her heirs, executors and administrators, and 
 her and their goods and chattels, lands and tenements, of, from, 
 and against all losses, costs, charges, damages and expenses which 
 she or they shall or may bear, pay, sustain, or be put unto, for or 
 
 by reason or means of the said legacy or sum of dollars, 
 
 not being placed out upon bank stock, according to the directions 
 contained in the said recited will, or for or by reason or means of 
 any other matter, cause, or thing whatsoever relating to the said 
 legacy ;. then, &c. 
 
 Bond of a Constable, for faithful Performance, SfC. 
 
 Know all men, &c., That we are held and firmly bound unto 
 the Commonwealth of Pennsylvania, in the sum of, &c. &c. 
 
 Whereas the above-bounden A. B. has been duly elected and 
 returned to the Court of Quarter Sessions of the Peace of the 
 
 County of , as constable of the township of in the said 
 
 county for the ensuing year, which election has been approved 
 and confirmed by the said court. 
 
 Now the condition of this obligation is such, that if the said A. 
 B. shall and do, from time to time, and at all times during his 
 continuance in office, justly and faithfully discharge the duties 
 appertaining to the office of constable, according to law, then this 
 obligation to be void, otherwise to be and remain in full force and 
 virtue. 
 
 Conditional part of a Bond, to leave Money to a Wife. 
 
 Whereas a marriage is intended shortly to be had and solem- 
 nized between the above-bounden J. C. and H. B., (the mother 
 of the above-named G. B. and S. B. ;) now the condition of the 
 above obligation is such, that if (after the said intended marriage) 
 the said H. shall happen to survive the said J., her intended hus- 
 band, then, and in such case, if the heirs, executors or adminis- 
 trators of him, the said J., shall and do, within the space of six 
 months next after his decease, well and truly pay, or cause to be 
 paid unto her, the said H., or her assigns, the sum of one thou- 
 sand dollars, to and for her own proper use and benefit, and to be 
 at her own free and absolute disposal, without any manner of 
 account to be given by her for or concerning the same, then the 
 L
 
 122 BONDS. 
 
 obligation to be void and of none effect, or else to remain in full 
 force and virtue. 
 
 Conditional part of a Bond to indemnify lessee on payment 
 
 of Bent. 
 
 
 
 The condition of this obligation is such, that whereas the above- 
 named A. B., by indenture of lease, bearing date the day 
 
 of , hath demised and to farm let unto the said C. D., all that 
 
 messuage, &c. To hold the same to the said C. D. for the term 
 
 of years paying (as in the lease) as in and by the said 
 
 indenture appears. And whereas a certain E. F. claims title to 
 the premises aforesaid, with the appurtenances, if, therefore, the 
 said A. B. shall and do from time to time indemnify the said C. 
 D., his heirs, executors and administrators, and his and their 
 goods and chattels, lands and tenements, of and from all'actions, 
 suits, payments, costs, charges and damages for or by reason 
 thereof; then, &c. 
 
 Conditional part of a Bond for payment of an Annuity during 
 the life of a Feme Covert. 
 
 Whereas the above-named A. A. hath contracted and agreed 
 with the above-bounden H. H. for the purchase of a clear annuity 
 or yearly sum of , payable t<3 him, the said A. A., his execu- 
 tors, administrators or assigns, during the life of M. M., the wife 
 
 of T. M., of , at or for the price or sum of , which said 
 
 sum of, the said A. A. hath advanced and paid to the said H. H., 
 at or before the sealing and delivery of the above obligation, the 
 receipt whereof the said H. H. doth hereby acknowledge, and 
 thereof, and of and from every part thereof, doth acquit, exone- 
 rate, release and forever discharge the said A. A., his heirs, execu- 
 tors and administrators, and every of them by these presents : 
 The condition of this is such, that if the said H. H., his heirs, 
 executors or administrators, do and shall well and truly pay, or 
 cause to be paid, unto the said A. A., his executors, administrators 
 
 or assigns, the annuity or clear yearly sum of dollars, by half 
 
 yearly payments on the day of , and the day of , 
 
 in every year during the life of the said M. M., by yearly por- 
 tions, clear of all deductions on any account or pretence whatso- 
 ever ; the first half yearly payment thereof to be made on the 
 
 day of next, and also a proportionable part of the said 
 
 annuity, or clear yearly payment of for or in respect of so 
 
 many days as shall have elapsed from the last half yearly day of 
 payment next preceding the decease of the said M. M., up to the 
 day of her death ; then the said obligation to be void. But if 
 default shall be made of, or in payment of the said annuity or
 
 BONDS. 123 
 
 clear yearly sum of , or any part thereof, at the days or times 
 
 aforesaid, or any of them, then the said obligation to be and re- 
 main in full force, virtue, and effect. 
 
 Conditional part of a Bond of Indemnity, on pay ing Money to 
 a Person who had not taken out Letters of Administration. 
 
 Whereas the above-named stands indebted to the estate 
 
 of C. B., of , deceased, in the sum of dollars : And 
 
 whereas the said C. B. was at the time of his death indebted to 
 
 E. W., by bond in the sum of dollars, principal money, with 
 
 a great arrear of interest for the same ; and whereas the said C. 
 
 B. made his last will and testament in writing, and thereof ap- 
 pointed the said E. W. sole executor, who, in compassion to the 
 above-bound B. B., the widow and relict of the said C. B., she 
 being left in indigent circumstances with seven children, hath 
 given up to her the said bond for her own benefit, but declines 
 proving the said will : And whereas the principal money and 
 interest due on the said bond, are more than the effects of the said 
 
 C. B. amount to, and the above-bound A. A. and B. B. have 
 
 requested the said to pay her, the said B. B., the sum of 
 
 dollars, due from them to the estate of her said late husband, 
 
 without obliging her to take out letters of administration of the 
 goods and chattels of her said late husband with his will annexed, 
 
 as the same will exhaust great part of the said sum of dollars, 
 
 and there being no other debt or effects of her said late husband 
 
 to get in, the said have agreed to comply with such request 
 
 on the said A. A. and B. B. indemnifying them for so doing : And 
 
 whereas the said have accordingly on the day of the date 
 
 hereof, paid the said B. B. the said sum of dollars, the re- 
 ceipt whereof she doth hereby acknowledge. Now, therefore, 
 the condition of this obligation is such, that if the said A. A. and 
 B. B., or either of them, their or either of their heirs, executors or 
 administrators, do and shall, from time to time, and at all times 
 hereafter, well and sufficiently save, defend, keep harmless and 
 indemnify the said , and their , and their goods and chat- 
 tels, lands and tenements, of, from and against all losses, costs, 
 charges, damages and expenses which they shall or may bear, 
 pass, sustain or be put unto, for or by reason or reasons of their 
 
 having paid the said B. B., the said sum of dollars, and from 
 
 them to the estate of the said C. B., as aforesaid, or any matter, 
 cause or thing relating thereto, then, &c. 
 
 Bond to suffer a Wife to live apart from her Husband. 
 
 Know all men, &c. Whereas, J. B., the wife of the above- 
 bounden B. B., doth now live separate and apart from her said
 
 * 
 
 124 BONDS. 
 
 husband, and follows the trade or employment of making and 
 
 selling , and the said B. B. hath agreed that his said wife 
 
 shall have and receive all benefit arising thereby, or of any other 
 trade or business which she shall think fit to follow, to and for 
 her own separate use and support ; wherewith he, the said B. B., 
 is not to intermeddle, or have any profit or advantage from ; so 
 as she, the said J.'B:, doth not and shall not contract any debt or 
 debts, whereof, or by means whereof, the person or effects of her 
 said husband, shall or may be sued, charged or incumbered, by 
 any means whatsoever: Now the condition of this obligation is 
 such, that if the said B. B. do and shall, from time to time, during 
 
 the space of years now next ensuing, (if the said J. B. shall 
 
 so long live,) permit and suffer the said J. B., his wife, to live 
 separate and apart from him, and to have and receive all benefit, 
 profit and advantage arising, or which shall arise by her said 
 
 trade or business of making and selling , or any other trade 
 
 or business which she shall follow or employ herself in during the 
 said term, to and for her own separate use, support and main- 
 tenance, without any account, suit, trouble or molestation what- 
 soever ; and without acting, doing or causing or permitting to be 
 done, any act, matter or thing whatsoever, whereby or wherewith, 
 or by any means or occasion whereof, the said J. B., his wife, shall 
 or may be molested or incumbered by any ways or means whatso- 
 ever, and also if the said B. B., his executors or administrators of 
 his or their goods or chattels, lands or tenements, shall, at any time 
 hereafter, during the said term of years, be sued, attached, 
 or otherwise charged and incumbered, for or by reason or means 
 of any debt or debts, which his said wife hath or shall, or may 
 contract : then in either of the said cases this obligation to be void, 
 or else to remain in full force and virtue. 
 
 Bond to suffer a Wife to live apart, to have all her Effects and 
 to behave quietly to her. 
 
 Know all men,&c. Whereas M., the wife of the said R. R., hath 
 for several years last past lived separate and apart from the said 
 R. R., her husband, and hath, during all the said time, maintained 
 and provided for herself and I., the daughter of the said R. R., 
 without any expense to the said R. R., and whereas, it is agreed 
 between the said R. R. and the said M., his wife, that the said 
 M., the wife of the said R. R., shall and may at all times hereafter, 
 live separate and apart from the said R. R., and also that the said 
 M. R. shall and may have, hold and enjoy to her sole and sepa- 
 rate use all such moneys, goods and effects as the said M. R. is 
 now possessed of, or shall or may at any time or times hereafter, 
 get or acquire, or which shall be given or bequeathed to her by 
 any person or persons whatsoever, without any hindrance, mo- 
 lestation, or interruption of or by him, the said R. R. And whereas 

 
 CASE STATED. 125 
 
 the said R. R. hath also agreed to behave himself peaceably and 
 quietly towards the said M. R., his wife, and the said J. R., his 
 daughter, and not to molest, assault, disturb or do any bodily hurt 
 or injury to them, or either of them : Now the condition of this 
 obligation is such, that if the above-bounden R. R. shall and do, 
 from time to time, and at all times hereafter, during the term of 
 his natural life, permit and suffer the said M..R., his wife, and the 
 said J. R., his daughter, (in case they or either of them shall so 
 long happen to live,) to live separate and apart from the said R. 
 R., without any molestation, disturbance or interruption of or by 
 him, the said R. R., and also if the said R. R., his executors or 
 administrators, shall and do at all times hereafter, permit and suf- 
 fer the said M. R., his wife, to have, hold, and enjoy to her sole 
 and separate use, all and every the moneys, goods, chattels and 
 effects, whereof the said M. R. is now possessed, and also all and 
 every the moneys, goods, chattels and effects which the said M. 
 R. shall or may at any time or times hereafter get or acquire, or 
 which shall or may be given or bequeathed to the said M. R., by 
 any person or persons whatsoever, without any hindrance, mo- 
 lestation or interruption of or by him the said R. R. ; and also, if 
 the said R. R. shall and do, from time to time, and at all times 
 hereafter, demean and behave himself peaceably and quietly 
 towards the said M. R., his wife, and the said J. R., his daughter, 
 and each of them, and shall not, nor in any manner whatsoever, 
 molest, assault, disturb, or do any bodily hurt or injury to the said 
 M. R., his wife, and the said J. R. his daughter, or either of them, 
 then this obligation to be void ; but if default shall be made in 
 performance of all or any of the conditions above specified, then 
 this obligation is to remain in full force and virtue. 
 
 NOTE. These bonds cannot be made to the woman herself, 
 but to some person for her use. 
 
 CASE STATED. 
 
 Remarks. 
 
 A case stated, is an agreement in writing, between a plaintiff 
 and defendant, that the facts in dispute between them are true as 
 therein stated. The facts being thus agreed upon, it is left for the 
 court to decide for which party is the law. 
 
 As no writ' of error lies on a judgment rendered on a case 
 stated, it is usual in the agreement to insert a clause, that the case 
 stated shall be considered in the nature of a special verdict, or to 
 agree expressly that either party may sue out a writ of error. See 
 8 S. & R. 529. ''- 

 
 126 CAVEAT. 
 
 The following will answer as a form for such an agreement. 
 
 / In the Common Pleas of , county of . Term 
 
 vs - C A. D. . No. . 
 
 And now, January 6th, A. D. , it is hereby agreed by and 
 
 between the parties to the above suit that the following case be> 
 stated for the opinion of the court in the nature of a special ver- 
 dict. A. B. the plaintiff' above named, &c., (here state the facts 
 agreed upon.) 
 
 If the court, be of opinion that , then judgment to be en- 
 tered for the plaintiff, but if not, then judgment to be entered for 
 the defendant. The costs to follow the judgment, and either 
 party reserving the right to sue out a writ of error therein. 
 
 A. B. 
 C. D. 
 
 CAVEAT. 
 
 Remarks. 
 
 A caveat is the name of a notice given by a party having an 
 interest in the same, to some officer not to do an act till the party 
 giving the notice shall have been heard ; as a caveat to the Re- 
 gister of Wills, not to permit a will to be proved, or not to grant 
 letters of administration, until the party shall have been heard. 
 A caveat is also sometimes made, to prevent a patent for inven- 
 tions being issued. 
 
 t/? Caveat against the Probate of a Will. 
 
 To Thomas Moorhead, Jr., Esq., Register of Wills for the 
 County of , State of Pennsylvania. 
 
 I, A. B., one of the heirs (or as the case may be), of C. D., late 
 
 of the of , deceased, do hereby caveat and protest 
 
 against the probate of any last will and testament or instrument 
 in the nature thereof, being or pretending to be the testament and 
 last will of the said C. D., until examination thereof in the proper 
 court, and the decree of the said court be therein pronounced. 
 
 Witness my hand this day of , A. D. . 
 
 A. B. 
 
 Caveat against granting Letters of Administration. 
 
 To Thomas Moorhead, Jr., Esq., Register of Wills for the 
 County of , State of Pennsylvania. 
 
 I, A. B., being interested in the personal estate of C. D., late of 
 the of , deceased, do hereby caveat and protest against
 
 CERTIORARI. COGNOVIT ACTIONEM. 127 
 
 granting letters of administration therein to or any other 
 
 person, until the examination of his or their right thereto before 
 the proper tribunal he had, and the decision of the said tribunal 
 therein be given. 
 
 Witness my hand this day of A. D. . 
 
 A. B. 
 
 CERTIORARI. 
 
 Certiorari is the name of a writ issued from a superior court 
 directed to one of inferior jurisdiction,. commanding the latter to 
 certify to the former the record in the particular case. 
 
 Certiorari to a Justice of the Peace. 
 
 The Commonwealth of Pennsylvania to A. B., one of our Jus- 
 tices of the Peace, in and for the county of Crawford, greeting : 
 We being willing, for certain causes, to be certified of a certain 
 plea of , between C. D., plaintiff, and E. F., defendant, be- 
 fore you depending, do command you that the plea aforesaid, with 
 all things touching the same, before our judges at Meadville, at 
 our county Court of Common Pleas, there to be held for the 
 
 county of Crawford, the day of May next ensuing. So full 
 
 and entire, as before you they remain, you certify and send 
 together with this writ, that we may further cause to be done, 
 therefore, that which of .right, and according to our laws and con- 
 stitution, ought. 
 
 Witness the Honourable G. C., President Judge of the said 
 court, the day of , A. D. 1845. 
 
 Return of Magistrate to lie indorsed on the Writ. 
 
 To the honourable, the judges within named, the plea within 
 mentioned, with all things touching the same so fully and entire, 
 as before me they remain, I hereby respectfully certify and send, 
 as within I am commanded, together with the writ. 
 
 A. B., Justice of the Peace. 
 
 COGNOVIT ACTIONEM. 
 
 ( . . Remarks. 
 
 A cognovit is a written confession of an action by a defendant, 
 subscribed but not sealed, and authorizing the plaintiff to sign 
 judgment, and issue execution, usually for a sum named. It is 
 given after the action is brought, in order to save expense. A
 
 128 COGNOVIT ACTIONEM. 
 
 cognovit actionem, is an acknowledgment and confession of the 
 plaintiff's cause of action against the defendant, to be just and 
 true. 3 Ch. Pr. 664. Sometimes the defendant confesses the one 
 part of the plaintiff's alleged claim, and denies the rest. 
 
 Cognovit in action of Debt. 
 
 In the Common Pleas of , county of . Term 
 
 A. D. , No. . 
 
 I confess the debt in this cause, and that the plaintiff hath sus- 
 tained damages to the amount of six cents on occasion of the 
 detaining thereof, besides his costs and charges in this behalf to 
 
 the amount of dollars, (or, to be taxed by the prothonotary) 
 
 and in case I make default in the payment of the said debt, da- 
 mages and costs aforesaid, on the day of next, the 
 
 plaintiff shall be at liberty to enter up judgment for the said debt 
 
 (or sum of dollars) and costs as aforesaid ; and also the costs 
 
 of entering up such judgment and of suing out execution there- 
 for, and shall be at liberty thereupon forthwith to issue execution 
 for the same. 
 
 And I do hereby agree to withdraw the pleas pleaded by me (if 
 the defendant have pleaded) and undertake not to appeal or bring 
 any writ of error, or do any other matter or thing whereof the 
 plaintiff may be delayed in entering up his judgment, and bring 
 
 out execution upon default made as aforesaid. Dated this 
 
 day of , A. D. . 
 
 Cognovit in Jlssurnpsit. 
 
 In the Common Pleas of , county of . Term 
 
 A. D. , No. . 
 
 I confess this action, and that the plaintiff hath sustained da- 
 mages to the amount of dollars, besides his costs and 
 
 charges, in his behalf, to be taxed by the prothonotary. And in 
 case I shall make default in the payment of the sum of dol- 
 lars (being the debt in this action), together with the said costs on 
 
 the day of next, the plaintiff shall be at liberty to enter 
 
 up j^Jgment for the said sum of dollars and costs as afore- 
 
 said^and sue out execution thereon for the same, together with 
 the amount of official fees, sheriffs poundage, costs of levying, 
 and all other incidental expenses. 
 
 And I do hereby agree to withdraw the plea by me pleaded to 
 this action, and undertake not to bring any writ of error in this 
 cause, or do any other matter or thing whereby the plaintiff may
 
 COMMISSION. 129 
 
 be delayed in entering judgment, and suing out execution upon 
 default made as aforesaid. 
 
 Witness my hand this day of , A. D. . 
 
 NOTE. If the cognovit be but for part of the plaintiff's claim, 
 say: 
 
 I confess that I owe to the above-mentioned plaintiff dol- 
 lars, parcel of the debt by him in his declaration in this action 
 .demanded. And that he hath, &c., &c. 
 
 COMMISSION. 
 
 If a party wishes to procure the testimony of witnesses beyond 
 the limits of the state, a rule must be taken upon interrogatories 
 filed, and a commission for that purpose issued. Some variation 
 exists in the rules of court, in the several judicial districts of this 
 Commonwealth, but the following will answer for some of them, 
 and others can change to suit their practice. Any competent per- 
 son may be appointed commissioner. 
 
 Caption to Interrogatories on a Commission. 
 John Doe Jn the Common p leas of Chester County, of 
 RichaTdRoe. $ May Term, A. D. 1844. No. 12. 
 
 Interrogatories to be exhibited, John Jones and William Burns? 
 witnesses to be produced, sworn or affirmed, and examined, on 
 the part of the plaintiff, [or defendant, as the case may be,] in the 
 above cause, before commissioners to be named in a commission to 
 be issued out of the said court to the of . 
 
 Interrogatory first. Do you know the parties above named, or 
 either, or which of them ? 
 
 Interrogatory second. And so "on. 
 
 At the foot say : Commissioner on the behalf of the plaintiff, 
 
 [or defendant, as the case may be,] John Jay, Esq., of the 
 
 of , in the state of . 
 
 Caption to Cross Interrogatories to the same. 
 
 Cross interrogatories to be exhibited to John Jones and William 
 Burns, witnesses to be produced, sworn or affirmed, and^pi- 
 mined on the part of the plaintiff, [or defendant, as the caseTnay 
 be,] in the above cause, before commissioners to be named in a 
 commission to be issued of the said court to the state of . 
 
 Cross interrogatory first. Do you know, &c. 
 
 Cross interrogatory second, &c &c. 
 
 Commissioner on behalf of the defendant [or plaintiff] above
 
 130 COMMISSION. 
 
 named, John Lyttle, Esq., of the of , in the state 
 
 of . 
 
 Rule for a Commission. 
 
 John Doe IQ the Common pleas of Chester County, of 
 Richard Roe. $ May Term, 1845. No. 12. 
 
 Enter rule in the above case, on behalf of the for com- 
 mission to , of on days' notice. 
 
 A. B., Attorney for . 
 
 To W. K., Prothonotary ) 
 
 of Chester County. 5 
 
 Commission to examine Witnesses. 
 
 County, ss. The Commonwealth of Pennsylvania to 
 
 , greeting : 
 
 Know ye that in confidence of your prudence and fidelity we 
 have appointed you, and by these presents do give unto you (or 
 any two or three of you, as the case may be), full power and autho- 
 rity in pursuance of an order made in our county court of Com- 
 mon Pleas in and for the county of Chester, in a certain cause 
 there depending, where A. B. is plaintiff, and C. D. is defendant, 
 to call before you (or any two of you) so that there be one on the 
 part of the plaintiff, and one on the part of the defendant, at a 
 certain day and place by you for that purpose to be appointed, all 
 and every person and persons who may be named to you (if 
 mutual say) as well on the part of the plaintiff as on the part of 
 the defendant, or either of them; (if exparte say) or the part of 
 the said against the said , as witnesses in the said cause. 
 
 And there and then to examine each of the said witnesses on 
 their oaths, or affirmations, touching the premises, and reduce 
 their testimony to writing. And when you shall have so done, 
 you are to send the same before us in our county court of Com- 
 mon Pleas aforesaid, together with the interrogations, and the 
 answers thereunto under the hands and seals (or of two or three 
 as the case may be). In testimony whereof, we have caused the 
 seal of our court to be hereunto affixed. 
 
 Witness the Hon. J. P., President Judge of the said court, the 
 of , A. D. . 
 
 After the commission is issued, the following are suitable in- 
 structions to the commissioner or commissioners for taking said 
 depositions. 
 
 Justices of the Peace are also t empowered to issue commissions 
 to take depositions to be read in causes depending before them.
 
 COMMISSION. 131 
 
 ,.. A .:jt^. .. 
 
 Letter of Instruction to Commissioners. 
 
 WESTCHESTER, January 20, 1845. 
 SIR : 
 
 Herewith you will receive a commission issued by the Court 
 of Common Pleas of Chester county, authorizing you to examine 
 witnesses in a certain cause depending in the said court, wherein 
 A. B. is plaintiff, and C. D. defendant, upon the interrogatories 
 annexed to the commission, and for your guidance you will care- 
 fully pursue the following instructions. 
 
 All the commissioners [if there be more than one], named in 
 the commission, shall have notice of the time and place of execut- 
 ing it. And if any of them do not act, let the fact that they were 
 notified, or could riot be notified, and the reason of their not act- 
 ing, be stated. Having agreed upon the time and place of meet- 
 ing, you will proceed to execute the commission in the following 
 manner : 
 
 I. The acting commissioner will examine the witnesses sepa- 
 rately, after publicly administering to them the following oath or 
 affirmation : 
 
 " You do swear, by Almighty God, the searcher of all hearts, 
 that the answers which shall be given by you to the interroga- 
 tories proposed to you, shall be the truth, the whole truth, and 
 nothing but the truth, and that as you shall answer to God at the 
 great day." 
 
 The oath shall be administered by the witness holding up his 
 right hand, or laying his hand upon and kissing the Gospels. 
 
 Or if the witness shall declare that he has conscientious scru- 
 ples against taking an oath, or swearing in any form, he shall be 
 permitted to make his affirmation in the following form : " You 
 do solemnly, sincerely and truly declare and affirm, that, &c.," 
 omitting the words, " and that as you shall answer to God at the 
 great day," and instead say, " and this you affirm." 
 
 II. The general style and title of the depositions must be drawn 
 up in the following manner. 
 
 " Depositions of witnesses produced, sworn [or affirmed] and 
 
 examined, on the day of , in the year of our Lord one 
 
 thousand eight hundred and forty-four, at the house of J. S., the 
 
 commissioner, in the of , in the county of and state 
 
 of , by virtue of a commission issuing out from the Court of 
 
 Common Pleas of the county of Chester, in the state of PeniM^l- 
 vania, to the said J. S. directed, for the examination of witrP&s 
 in a certain cause depending in said court, wherein A. B. is plain- 
 tiff, and C. D. is defendant." 
 
 " N. 0., of the of , merchant, aged years, or 
 
 thereabouts, being produced, sworn [or affirmed] and examined, 
 on behalf of the plaintiff A. B., [or defendant, as the case may be,] 
 deposeth as follows:"
 
 132 COMMISSION. . 
 
 1. To the first interrogatory on the part of the said plaintiff, 
 he answers as follows:" [here insert the witness's answer.] 
 
 2. To the second interrogatory on the part of the said plain- 
 tiff, he answers as follows : " and so on throughout. 
 
 III. If there be cross-interrogatories, go on thus : 
 
 "1. To the first cross-interrogatory on the part of the defendant, 
 he answers as follows:" and so on throughout. 
 
 All the interrogatories and tross-interrogatories in the commis- 
 sion must be put to the witness, and his answer written out. If 
 he cannot answer, let him say, he knotveth not. 
 
 IV. When the witness has finished his deposition, let him sub- 
 scribe his name at the bottom of each page, and the acting com- 
 missioner will certify as follows : 
 
 Examination taken, reduced "] 
 to writing, and by the witness | 
 subscribed and sworn to, this J> 
 
 day of , 1844. 
 
 J. S., Commissioner. J 
 
 V. If any papers or exhibits are produced and proved, they 
 must be annexed to the depositions in which they are referred to, 
 and endorsed by the acting commissioner in this manner : 
 
 " At the execution of a commission for the examination of wit- 
 nesses between A. B. plaintiff, and C. D. defendant, this paper 
 writing was produced and shown to N. 0., and by him deposed 
 unto at the time of his examination, and is the document referred 
 to by him as the paper marked B. before 
 
 " J. S., Commissioner." 
 
 VI. The acting commissioner will sign his name at the bottom 
 of each page of the depositions and exhibits. 
 
 VII. If an interpreter is employed, the commissioner will ad- 
 minister to him the following oath : 
 
 " You do swear, by almighty God, the searcher of all hearts, 
 that you will truly and faithfully interpret the oath and interro- 
 gatories to be administered to N. 0., a witness now to be examined, 
 
 out of the English language into the language, and that you 
 
 will truly and faithfully interpret the answers of the said N. 0. 
 
 thereto, out of the language into the English language, and 
 
 that as you shall answer to God at the great day." 
 
 Let the deposition be subscribed by the interpreter as well as 
 th^ritness, and certified by the commissioner as follows : 
 
 iRtamination taken, reduced 
 to writing, subscribed by the 
 witness; and by the sworn in- 
 terpreter, and sworn to by the 
 
 witness, this day of 
 
 1844, before 
 
 J. S., Commissioner.
 
 COMMISSION. 133 
 
 VIII. Having in this manner examined all the witnesses pro- 
 duced, you will please fasten the depositions and exhibits to the 
 commission, passing some tape through and connecting the whole ; 
 and you will then make the following endorsement upon the com- 
 mission ; the execution of this appears in a certain schedule here- 
 unto annexed ; to which you will subscribe your name. 
 
 Thus prepared and executed, the whole must be folded and 
 enclosed in an envelop, sealed with your seal; you will then 
 write your name across or by the side of the seals, and address 
 the whole thus : " To G. H., Esquire, Prothonotary of Chester 
 County, Westchester, Pennsylv^iia, care of M. R." Or if issued 
 from a Justice's court, thus : " To R. P., Esquire, Justice of the 
 Peace, Westchester, Chester County, Pennsylvania." 
 
 IX. When the commission is thus executed, made up and 
 directed, it must be returned in the manner specified in the di- 
 rection on the commission, if there be any. 
 
 If there be no direction on the commission specifying the man- 
 ner in which it is to be returned, then it must either be delivered 
 to the court by the commissioner personally, or else be forwarded 
 by some person coming to this place, or else placed in the nearest 
 post-office. 
 
 In case of returning the commission by mail, it is to be depo- 
 sited by the commissioner in the nearest post-office, he making 
 the following endorsement thereon. 
 
 " Deposited in the post-office at this day of , 
 
 1844, by me." J. S., Commissioner. 
 
 Interrogatories to Garnishee in Foreign Attachment. 
 
 A. B. ^ In the court of Common Pleas of 
 
 vs. > , county of . Term, 18 . 
 
 C. D., garnisheee of E. F. ) No. . Scire facias to garnishee. 
 
 Interrogatories to G. H., the garnishee above named. 
 
 First. Do you know C. D., of whom you are the garnishee 
 in a foreign attachment, issued at the suit of the above-named 
 plaintiff? 
 
 Second. Have you had any commercial or other transactions 
 with the said C. D.? If yea, what was the state of your accounts 
 
 with the said C. D. on the day of , A. D. ? Annex 
 
 a copy of each account to your answer hereto. 
 
 Third. Was there or was there not a balance in your hahds 
 
 in favour of the said C. D., on the day of , A. D. , 
 
 or at any time since, up to the time of your answering these inter- 
 rogatories? If yea, state the amount particularly. 
 
 Fourth. Had you in your possession any goods or merchan- 
 dize, money or effects of any nature whatever, belonging to the 
 
 M
 
 134 COMMISSION. 
 
 said C. D., on the day of , A. D. , or at any time 
 
 since ? If yea, state the nature, quantity and value of said goods 
 and merchandize. 
 
 Fifth. Were you not on the day of indebted to the 
 
 said C. D. in some (and in what) way, and in what amount, or 
 have you not since (and where and how) became so indebted ? 
 
 Interrogatories to Witness in proceedings for Divorce. 
 
 A. B. by her next friend, C. D. ^ In the Common Pleas of 
 
 vs. > county, of Term, A. D. 
 
 E. F. S IS. No. . 
 
 Interrogatories to be exhibited to witnesses who may be pro- 
 duced, sworn (or affirmed) and examined on the part of the 
 libellant in the above case. 
 
 First. Do you know the parties, libellant and respondent 
 above-named, or either of them ? and how long have you known 
 them, and when, and where, and which of them ? 
 
 Second. Were you present at their marriage ? If so, when, 
 whete and by whom were they married ? Have or have not the 
 respondent and the libellant lived and cohabited together as man 
 and wife ? State your knowledge herein fully, circumstantially, 
 and at large. 
 
 Third. Do you or do you not know whether the said respond- 
 ent, C. D., has wilfully and maliciously deserted and absented 
 himself from the habitation of the said libellant, A. B., without 
 any, or if any, what reasonable cause ? If aye, whether such 
 desertion has been persisted in by the. said respondent for the 
 space of two years or more, or for any other and for what time, 
 and whether the respondent still continues to persist therein ? If 
 the charge be ill-treatment say, Whether the said respondent, C. 
 D., has or has not by cruel and barbarous treatment endangered 
 the life of the said libellant, A. B., and has he or has he not offered 
 such indignities to her person as to render her condition intolera- 
 ble and her life burdensome, and thereby forced her to withdraw 
 herself from his house and family? If the charge be adultery 
 say, Whether or no the respondent above-named has committed 
 adultery ? If so, when, where, and with whom ? State the cir- 
 cumstances fully and at large. 
 
 Fourth. Do you know any thing further favourable to the 
 lib|wit ? If so, state the same fully, as if you had been thereto 
 particularly interrogated.
 
 COMPOSITION. 135 
 
 COMPOSITION. 
 
 Composition in contracts, means an agreement made upon a 
 sufficient consideration, between a debtor and creditor, by which 
 the creditor accepts a part of the debt due to him, in satisfaction 
 of the whole. Montagu on Com. 1 ; 3 Co. 118; 1 Str. 426, &c. 
 
 General form of Composition with Creditors. 
 
 To all to whom these presents shall come, we whose names 
 are here under written and seals affixed, creditors of A. B., of 
 
 , send greeting : Whereas the said A. B. doth justly owe and 
 
 is indebted unto us his said several creditors, in divers spms of 
 money ; but by reason of many losses, great hindrances, and other 
 damages happened unto the said A. B., he is become utterly un- 
 able to pay and satisfy us our full debts, with such goods, wares 
 and merchandizes as he hath, which we, the said creditors, are 
 unwilling to accept of, or any ways to intermeddle with the same; 
 and, therefore, we, the said creditors, have resolved and agreed 
 to undergo a certain loss, and to accept of ten cents for every dol- 
 lar owing by the said A. B. to us, the several and respective cre- 
 ditors aforesaid, to be paid in full satisfaction and discharge of our 
 several and respective debts: Now know ye, that we, the said 
 creditors of the said A. B., do for ourselves severally and respect- 
 ively, and for our several and respective heirs, executors and 
 administrators, covenant, promise, compound and agree, to and 
 with the said A. B., his executors and administrators, and to and 
 with every of them by these presents, that we, the said several 
 and respective executors administrators and assigns, shall and will 
 accept, receive and take of and from the said A. B., his executors 
 and administrators, for each and every dollar that the said A. B. 
 doth owe and is indebted to us, the said several and respective 
 creditors, the sum of ten cents, in full discharge and satisfaction 
 of the several debts and sums of money that the said A. B. doth 
 owe and stands indebted untq us, the said creditors respectively ; 
 so that the said sum of ten cents to be paid for each and every 
 dollar that the said A. B. doth owe and standeth indebted unto us 
 the said several and respective creditors, be paid unto us, the said 
 several and respective creditors, our several and respective execu- 
 tors, administrators or assigns, within the time or space o^ix 
 months next after the date of these presents: And we, the^iid 
 several and respective creditors, do severally and respectively, for 
 ourselves, our several and respective heirs, executors, administra- 
 tors and assigns, covenant, grant, promise and agree, to and with 
 the said A. B., his executors and administrators, that he, the said 
 A. B., his executors, administrators and assigns, shall and may,
 
 136 COMPOSITION. 
 
 from time to time, and at all times within the said term or space 
 of six months next ensuing the date hereof, assign, sell, or other- 
 wise dispose of his said goods and chattels, wares and merchan- 
 dizes, at his and their own free will and pleasure, for and towards 
 the payment and satisfaction of the said ten cents for every dollar 
 the said A. B. doth owe and is indebted as aforesaid, unto us, the 
 said respective creditors: And that neither we, the said several 
 and respective creditors, or any of us, nor the executors, adminis- 
 trators, or assigns of us, or any of us, shall or will, at any time 
 or times hereafter, sue, arrest, molest, trouble, imprison, attach or 
 condemn the said A. B., his executors or administrators, or his or 
 their goods and chattels, for any debt or other thing now due and 
 owing to us, or any of us, his respective creditors aforesaid, so as 
 the said A. B., his executors or administrators, do well and truly 
 pay, or cause to be paid unto us, his said several and respective 
 creditors, the said sum of ten cents for every dollar he doth owe 
 and standeth indebted unto us respectively within the said time or 
 space of six months next ensuing the date hereof. In witness 
 whereof, the parties to these presents have hereunto set their 
 hands and seals, the tenth day of December, A. D. one thousand 
 eight hundred and forty-four. 
 
 A. B. 
 
 C. D. 
 
 E. F. 
 
 G. H. 
 
 Jl Deed of Composition of Debts by Partners. 
 
 To all to whom these presents shall come; we whose names 
 and seals are hereunto subscribed and set, creditors of R. C. and 
 C. R., of Harrisburg, send greeting : 
 
 Whereas the said R. C. and C. are, and do stand jointly in- 
 debted unto us, the said creditors, in divers sums of money, which
 
 CONDITIONS OF SALE. 137 
 
 they are willing to satisfy and pay as far as they are able : Now 
 know ye, that we, the said creditors who have hereto subscribed 
 our names and affixed our seals, finding that the said R. C. and C. 
 R. are by losses and otherwise disabled to pay our full debts, do 
 severally and respectively agree, and bind ourselves, our heirs, 
 executors and administrators unto the said R. C. and C. R. by 
 these presents, to accept and take of them, the said R. C. and C. 
 R., their executors or administrators, after the proportion or rate 
 
 of cents in the dollar, in full satisfaction of all such debts and 
 
 sums of money as they jointly owe to us and every of us respect- 
 ively, the same to be paid at four equal payments on the days 
 
 following, that is to say, the day of , &c , so as the said 
 
 R. C. and C. R. (for the more sure and better payment of the 
 several sums of money aforesaid, in recompense and satisfaction 
 of our and every of our said several debts as aforesaid), their exe- 
 cutors or administrators, do before the day of become 
 
 jointly and severally bound, with sufficient sureties unto us and 
 every of us respectively by obligation in due form of law to be 
 made, sealed and delivered to each and every of us, and to each 
 and every of our use and uses, by the appointment of us, and 
 each of us. 
 
 -Provided, always, that neither these presents nor any thing 
 herein contained, shall bind us, any or either of us, who have 
 hereunto subscribed our names and put our seals, unless all and 
 every of the creditors aforesaid shall have sealed and executed 
 
 the same , on or before the day of next ensuing. 
 
 In witness, &c. 
 
 CONDITIONS OF SALE. 
 
 Conditions of sale, are the terms upon which the vendor of pro- 
 perty by auction, proposes to sell it; the instrument containing 
 these terms, when reduced to writing or printing, is also called the 
 conditions of sale. 
 
 It is always prudent and advisable, that the conditions of sale 
 should be printed and put up in a conspicuous part of the auction 
 room. When the terms are fully exposed, they are binding on 
 both parties, and nothing that was said at the time of sale, to add 
 to or to vary such printed conditions, will be of any avail. 1 H. 
 Bl. 289; 12 East, 6; 6 Ves. 330; 15 Ves. 521. Babington on 
 Auctions, 233 to 243. 
 
 Conditions of Sale of Lands. 
 The conditions of the present sale of the property of A. B. in
 
 138 CONDITIONS OF SALE. 
 
 the township of Franklin, and county of Erie, are as follows, to 
 wit: 
 
 1. That the highest bidder shall be declared the purchaser, and 
 if dispute shall arise between two or more bidders, the estate 
 shall be immediately put up again. 
 
 2. That no person shall advance at any one bidding, less than 
 dollars, or retract his or her bidding. 
 
 3. That the purchaser shall pay immediately after the sale, to 
 
 the seller, [or auctioneer, as the case may be,] a deposit of 
 
 dollars, in part of the purchase-money, and sign an agreement for 
 
 the payment of the remainder, on or before the day of , 
 
 1845, upon having a good title made to him. 
 
 4. The purchaser shall have a proper conveyance, at his own 
 expense, on payment of the remainder of the purchase-money, and 
 possession will be given on completion of the purchase, [of such 
 part as is in hand,] and the purchaser will be entitled to the rents 
 
 and profits, from the day of , A. D. . But if, from 
 
 any cause, the remainder of the purchase-money shall not be paid 
 
 on the day of , the purchaser shall pay interest for the 
 
 same, at the rate of six per cent, per annum, from that day to the 
 day of payment ; but, nevertheless, this stipulation to be without 
 prejudice to the vendor's right to insist on the performance of this 
 condition. 
 
 5. That all attested copies of deeds that shall be required by 
 the purchaser, shall be prepared at his own expense. 
 
 Lastly. Upon failure of complying with the above conditions, 
 the money deposited shall, at the expiration of the time before 
 limited, become forfeited to the vendor, who then shall be at full 
 liberty, with or without notice, to resell the estate ; and if on such 
 resale, there should be any deficiency, the purchaser at this sale 
 neglecting to comply with these conditions, shall make good such 
 deficiency to the vendor, and all expenses attending such resale. 
 [Add, if thought needful : " But in case the vendor cannot make 
 out a good title, the deposit money shall be returned by the ven- 
 dor to the purchaser, with interest for the same, from the day of 
 payment, to the day of repayment thereof."] 
 
 Agreement following Conditions. 
 
 It is hereby declared and agreed, by and between A. B., the 
 vendor of the estate mentioned in the above conditions, and C. 
 D.jjthe purchaser, that the said C. D. has become the purchaser of 
 
 the premises so sold, at the sum of , and that the sum of 
 
 has been paid down by the said C. D. to the said A. B. by 
 
 way of deposit, and in part of the said purchase-money. And 
 that the said conditions of sale shall be taken as the terms of 
 agreement for the said sale and purchase, respectively, and be 
 observed and fulfilled by the said A. B. and C. D. respectively, in
 
 CONDITIONS OF SALE. 139 
 
 all things. As witness their hands, this tenth day of December, 
 A. D. 1844. A. B., Vendor. 
 
 C. D., Purchaser. 
 Witnesses, 
 E. F. 
 G. H. 
 
 Receipt at the foot of Conditions. 
 Received of C. D. of, &c., being the purchaser of the premises 
 
 mentioned in the foregoing conditions, the sum of dollars, 
 
 as the deposit, and in part of the purchase-money for the said 
 premises, subject to the conditions of sale, before stated. Wit- 
 ness my hand, &c. 
 
 Form of a Vendue Article. 
 
 The conditions of the present sale, held at Strasburg in the 
 county of Lancaster, are as follows, to wit : 
 
 1. The highest and best bidder shall be deemed the purchaser. 
 
 2. All purchases, taken singly, which do not amount to dol- 
 lars, to be cash. 
 
 3. One or more purchases, which amount to dollars each, 
 
 and upwards, shall be entitled to days' credit, provided 
 
 notes, with approved security, be given for the amount thereof. 
 
 4. No cash goods to be removed, until first paid for. 
 
 5. No goods, which entitle the purchaser to credit, can be re- 
 moved, until notes, as aforesaid, be first given. 
 
 6. Any person or persons purchasing goods at the present sale, 
 who do not comply with these conditions, must give up the goods 
 before the sale is over, and stand gainer or loser (as the case may 
 be) on exposing them to sale a second time. 
 
 Given under my hand, this tenth day of December, A. D. 1844. 
 
 A. B. 
 
 Another. 
 
 The conditions of sale of certain goods, sold by Public Vendue, 
 by the subscriber, executor of the estate of C. D. deceased, are as 
 follows, to wit : 
 
 1. The highest and best bidder shall be deemed the purchaser. 
 
 2. Any person buying an article or articles, at the present Ven- 
 due, to the amount of dollars, and upwards, shall be entitled 
 
 to days' credit, by giving a note, with approved security (if 
 
 required) for the amount, before the goods be removed. 
 
 3. All purchases, taken collectively, which do not amount to 
 dollars, must be paid for before the removal of the goods. 
 
 4. Any person or persons who may purchase goods at the pre- 
 sent sale, must either keep the goods, subject to the above restric-
 
 140 DEEDS. 
 
 tions, or return them before the sale is adjourned, and be gainer 
 or loser by a second sale, (as the case may be). 
 
 Given under my hand, this tenth day of December, A. D. 1844. 
 
 A. B. 
 
 DEEDS. 
 
 Remarks. 
 
 Several things are essential to a deed, viz : Writing on paper 
 or parchment ; signing and sealing, and delivery. 
 
 A written or printed seal is good in Pennsylvania. It is also 
 required, that in every deed there be persons able to contract and 
 be contracted with, for the purpose intended by the deed ; and 
 also, a thing or subject-matter to be contracted for ; all of which 
 must be expressed by sufficient names and terms. The consi- 
 deration may be either a good or a valuable one. A good con- 
 sideration is such as that of blood, or natural love and affection, 
 as when a man grants an estate to a near relation ; being founded 
 on motives of generosity, prudence or natural duty. 
 
 A valuable consideration is such as money, marriage or the 
 like, which the law esteems an equivalent given for the grant, and 
 is therefore founded in motives of justice. Deeds made upon good 
 consideration only, are considered as merely voluntary, and are 
 frequently set aside in favour of creditors and bona fide pur- 
 chasers. 2d vol. Blackstone, chap. 20, p. 297. 
 
 When a deed has been acknowledged before a magistrate, ap- 
 pointed by law to take and certify me acknowledgment, in order 
 that the deed may be recorded, the parties have no right to make 
 the most trifling alteration. Moore vs. Brickham et al., 4 Binn. 1. 
 
 If a deed be altered after delivery, the alteration destroys the 
 deed as to the party who altered it, but does not destroy the estate. 
 If it contains covenants, the party altering it loses all remedy upon 
 them, but the title is not divested. Withers vs. Atkinson, 1 Watts, 
 236. 
 
 All writings, sealed and delivered, are in law deeds; but in 
 common acceptation, a deed is a conveyance of land. 
 
 If the grantor have a wife, she must sign and acknowledge the 
 deed, in accordance with that kind of acknowledgment inserted 
 for husband and wife ; otherwise she may, after the death of her 
 husband, claim her dower, or the use of one-third, during her 
 natural life. An interlineation, if made after the execution of the 
 deed, will avoid it, though in an immaterial point ; nor is it pre- 
 sumed to have been made before ; the presumption is the con- 
 trary, unless otherwise proved. Morris vs. Vanderen, 1 Dal. 67. 
 Prevost vs. Gratz, 1 P. C. C. 369. 
 
 If a deed should be interlined, or a word erased, let a note be 
 made of it, and witnessed by the witnesses. For which see " at- 
 testation."
 
 DEEDS. 141 
 
 Common Form of a Deed. 
 
 * This indenture, made the first day of January, in the year 
 of our Lord one thousand eight hundred and forty-five, between 
 John Jones, of the city of Pittsburgh, in the state of Pennsylvania, 
 iron-monger, and Mary his wife, of the one part, and William 
 Burns, of Birmingham, in the county of Allegheny, and state 
 aforesaid, of the other part, t Witnesseth, that the said John 
 Jones and Mary, his wife, for and in consideration of the sum of 
 six hundred dollars, to them in hand paid by the said William 
 Burns, at and before the ensealing and delivering hereof, the receipt 
 whereof they do hereby acknowledge, and thereof acquit and 
 forever discharge the said William Burns, his heirs, executors and 
 administrators, have granted, bargained, sold, aliened, released 
 and confirmed, and by these presents, do grant, bargain, sell, 
 alien, release and confirm unto the said William Burns, and to 
 his heirs and assigns, all that certain messuage or tenement and 
 tract of land, situated in Fayette township, in the county of Alle- 
 gheny and state aforesaid, bounded as follows, viz : Beginning at 
 a birch, thence by land of Samuel Stone, south one hundred 
 perches to a beech, thence by land of Thomas Brown, east eighty 
 perches to a post, thence by land of same, north one hundred 
 perches to a sugar-tree, thence by land of Charles Dean, west 
 eighty perches to the place of beginning, containing fifty acres, 
 neat measure, t It being the same premises, [or part of the 
 same] which Richard Rice, and Mary his wife, by Indenture 
 bearing date the tenth day of June, A. D. one thousand eight hun- 
 dred and thirty-two, for the consideration therein mentioned, did 
 grant and confirm unto the said John Jones (party hereto), his 
 heirs and assigns forever ; as in and by the said in part recited 
 indenture, recorded in the office for recording of deeds, at Pitts- 
 burgh, in and for the county of Allegheny, in Deed Book M., vol. 
 2, page 341, &c., relation being thereunto had, more fully and at 
 large, appears. [Here may be inserted the whole chain of title, 
 which is not actually required, but desirable.] Together with all 
 and singular, other the houses, out-houses, buildings, barns, sta- 
 bles, ways, woods, waters, water-courses, rights, liberties, privi- 
 leges, hereditaments and appurtenances, whatsoever thereunto 
 belonging, or in any-wise appertaining, and the reversions and 
 remainders, rents, issues and profits thereof; and also, all the 
 estate, right, title, interest, property, claim and demand whatso- 
 ever, of them, the said John Jones, and Mary his wife, in law, or 
 equity, or otherwise howsoever, of, in, to, or out of the same. 
 
 * This part of the deed is called the premises, and may be enlarged if necessary, 
 -j- This part is called the testalum, which is followed by a description of the 
 estate conveyed. 
 
 t This is the recital, containing a general exposition of the chain of former titles.
 
 142 DEEDS. 
 
 * To have and to hold the said messuage or tenement and 
 tract of fifty acres of land, hereditaments and premises, hereby 
 granted or mentioned, or intended so to be, with the appurte- 
 nances, unto the said William Burns, his heirs and assigns, to the 
 only proper use and behoof of the said William Burns, his heirs 
 and assigns forever, t And the said John Jones, and Mary 
 his wife, for themselves, their heirs, executors and administrators, 
 do covenant, promise, grant and agree, to and with the said Wil- 
 liam Burns, his heirs and assigns, by these presents, that they, 
 the said John Jones, and Mary his wife, and their heirs, the said 
 above-mentioned and described messuage or tenement, and tract 
 or piece of land, hereditaments and premises, hereby granted, or 
 mentioned, or intended so to be, with the appurtenances, unto the 
 said William Burns, his heirs and assigns, against him, the said 
 John Jones and his heirs, and against all and every other person 
 and persons whomsoever, lawfully claiming or to claim the same 
 or any part or parcel thereof, [J by, from or under them, or any 
 of them,] shall and will warrant and forever defend, by these 
 presents. 
 
 In witness whereof, the said parties to these presents have here- 
 unto set their hands and seals, dated the day and year first above 
 written. 
 
 Signed, sealed and delivered } 
 in presence of 5 
 
 JAMES BOND. 
 
 JOHN JONES. 
 
 MARY JONES. 
 
 Allegheny County, ss. 
 
 Before me, the subscriber, one of the Justices of the Peace in 
 and for the said county, personally came the above-named John 
 Jones and Mary his wife, who in due form of Jaw acknowledged 
 the above indenture to be their act and deed, and desired that the 
 same might be recorded as such. The said Mary, being of full 
 age, and by me duly examined separate and apart from her said 
 husband, and the contents of the foregoing indenture being first 
 made fully known to her, declared that she did voluntarily, and 
 of her own free will and accord, seal, and as her act and deed, 
 
 * This is called the habendum, which defines the limits of the estate. 
 f This part is called the warranty, and may be varied in its form and extent, 
 t This, leaving out the words in brackets, is a. general warranty, and the words 
 included in brackets, if retained, makes it a special warranty.
 
 /. 
 
 DEEDS. 143 
 
 deliver, the same without any coercion or compulsion of her said 
 husband. In testimony whereof, I have hereunto set my hand 
 and seal, this first day of January, A. D. one thousand eight hun- 
 dred and forty-five. 
 
 JAMES BOND. 
 
 Deed with full Covenants. 
 
 This indenture, made the tenth day of January, in the year of 
 our Lord one thousand eight hundred and forty-five, between 
 John Jones, of Concord, in the county of Erie and state of Penn- 
 sylvania, of the one part, and William Burns, of the same place, 
 of the other part ; Witnesseth, that the said John Jones, for and 
 in consideration of the sum of five hundred dollars, lawful money 
 of the United States, to him in hand paid by the said William 
 Burns, at and before the ensealing and delivering hereof, the re- 
 ceipt whereof he doth hereby acknowledge, and thereof acquit 
 and forever discharge the said William Burns, his heirs, execu- 
 tors and administrators, by these presents, have granted, bargained, 
 sold, aliened, released and confirmed, and by these presents doth 
 grant, bargain, sell, alien, release and confirm, unto the said Wil- 
 liam Burns, and to his heirs and assigns, all that certain messuage 
 or tenement, and tract of land situate, &c., [here describe the pre- 
 mises and recite former titles.'] Together with all and singular 
 the houses, out-houses, buildings, barns, stables, ways, woods, 
 waters, water-courses, rights, liberties, privileges, hereditaments 
 and appurtenances, whatsoever thereunto belonging, or in any- 
 wise appertaining, and the reversions and remainders, rents, issues 
 and profits thereof; and also, all the estate, right, title, interest, 
 claim and demand whatsoever of him, the said John Jones, in 
 law or equity, or otherwise howsoever, of, in, to, ot out of the 
 same. 
 
 To have and to hold the same, with the appurtenances, unto 
 the said William Burns, and to his heirs and assigns, in fee sim- 
 ple forever. And he, the said John Jones, for himself, his heirs, 
 executors and administrators, doth hereby covenant, promise and 
 agree, to and with the said William Burns, and his heirs and 
 assigns, that he, the said John Jones, is now the owner^of the said 
 premises, and is seised of a good and indefeasible estate of inherit- 
 ance therein, and that he hath full right and power to sell and 
 convey the same in fee simple absolute ; that the said premises 
 are free and clear of all incumbrances ; that the said William 
 Burns, his heirs and assigns, may forever hereafter have, hold, 
 possess and enjoy the same, without any suit, molestation or in- 
 terruption, by any person whatsoever, lawfully claiming any right 
 therein ; and that he, the said John Jones, and all persons hereafter
 
 144 
 
 DEEDS. 
 
 claiming under him, will at any time hereafter, at the request and 
 expense of the said William Burns, his heirs or assigns, make all 
 such further assurances for the more effectual conveying of th 
 said premises, with the appurtenances, as may be reasonably 
 required by him or them : And that he, the said John Jones, and 
 his heirs, will warrant and defend the said premises, with the 
 appurtenances, unto the said William Burns, and his heirs and 
 assigns forever. 
 
 In witness whereof, the said party of the first part hath here- 
 unto set his hand and seal, the day and year first above written. 
 
 Sealed and delivered in ) 
 presence of } 
 
 JAMES STILES. 
 
 JOHN JONES. 
 
 Deed by Attorney. 
 
 This indenture, made the day of , in the year of our 
 
 Lord one thousand eight hundred and forty-five, between Samuel 
 Lewis, of the city of Pittsburgh, and Mary, his wife, of the first 
 part, by James Langdon, their attorney in fact, specially consti- 
 tuted by powr of attorney bearing date the day of , 
 
 A. D. 1 844, and recorded in the office for recording deeds in and 
 
 for the county of , in deed book 0, page 244, reference being 
 
 thereunto had, appears, and John Jones, of the borough of Erie, 
 in the County of Erie and State of Pennsylvania, of the second 
 part, witnesseth, &c., [as in the common form, and conclude as 
 follows.] In witness whereof, the said party of the first part, by 
 James Langdon, their attorney-in-fact, have hereunto set their 
 hands and seals the day and year first above written. 
 
 Sealed and deli vered in } 
 presence of 5 
 
 JAMES STILES. 
 
 SAMUEL LEWIS. 
 
 MARY LEWIS. 
 
 By their Attorney, 
 
 JAMES LANGDON.
 
 DEEDS. 145 
 
 Jl Deed without Covenants. 
 
 This indenture, made the tenth day of January, in the year of 
 our Lord one thousand eight hundred and forty-five, between A. 
 B., of, &c., of the first part, and C. D., of, &c., of the second part, 
 Witnesseth, that the said party of the first part, for and in con- 
 sideration of the sum of fifty dollars, to him in hand paid by the 
 said party of the second part, the receipt whereof is hereby ac- 
 knowledged, hath bargained arid sold, and by these presents doth 
 bargain and sell, unto the said party of the second part, and to his 
 heirs and assigns forever, all, &c. [Here describe the property.] 
 Together with all and singular, the hereditaments and appurte- 
 nances thereunto belonging, or in any wise appertaining ; and the 
 reversion and reversions, remainder and remainders, rents, issues 
 and profits thereof; and also, aH the estate, right, title, interest, 
 claim or demand, whatsoever of him, the said party of the first 
 part, either in law or equity, of, in and to, the above bargained 
 premises, and every part and parcel thereof: To have and to hold 
 to the said party of the second part, his heirs and assigns, to the 
 sole and only proper use, benefit and behoof of the said party of 
 the second part, his heirs and assigns forever. In witness, &c. 
 
 Quit Claim Deed. 
 
 borough of Reading, in the County of Berks, and State of Penn- 
 sylvania, for and in consideration of the sum of one thousand dol- 
 lars, to me in hand paid, or secured to be paid, by William Burns, 
 of the city of Lancaster, and state aforesaid, the receipt whereof 
 is hereby acknowledged, hath granted, bargained, sold, remised 
 and quit claimed, and by these presents doth grant, bargain, sell, 
 remise and quit claim, unto the said William Burns, and to his 
 heirs and assigns forever, all that, &c. [Here describe the premises.] 
 
 Together with all and singular the hereditaments and appurte- 
 nances thereunto belonging, or in any wise appertaining, and the 
 reversions, remainders, rents, issues and profits thereof; and all 
 the estate, right, title, interest, claim or demand whatsoever, of 
 me, the said John Jones, either in law or equity, of, in and to the 
 above bargained premises : 
 
 To have and to hold the same to the said William Burns, and 
 to his heirs and assigns forever. In witness whereof, &c. 
 
 Deed by Executors. 
 
 This indenture, made the second day of October, in the year of 
 our Lord one thousand eight hundred and forty-four, between 
 Abraham Brown and Charles Davis, of, &c., executors of the last
 
 146 DEEDS. 
 
 will and testament of Edward Fraley, late of, &c., of the one part, 
 and George Hughes, of, &c., of the other part : Whereas the said 
 Edward Fraley, by virtue of divers good conveyances and assur- 
 ances in law, duly had and executed, became in his lifetime seised 
 in his demesne as of fee (amongst other lands), of and in a certain 
 messuage or tenement and tract of land, situate in the township 
 of Moyamensing, in the county of Philadelphia aforesaid, contain- 
 ing one hundred acres, be the same more or less, and being so 
 thereof seised, made his last will and testament in writing, bear- 
 ing date the fourth day of May, A. D. one thousand eight hun- 
 dred and forty-three, wherein and whereby, amongst other things, 
 he ordered that the whole of his real estate should be sold by his 
 executors thereinafter named, of which said will he appointed 
 Abraham Brown and Charles Davis executors, as in and by the 
 said recited will, since his decease duly proved, and remaining in 
 the register's office at Louisville, recourse being thereunto had, 
 appears. Now this indenture witnesseth, that the said Abraham 
 Brown and Charles Davis, executors as aforesaid, for and in con- 
 sideration of the sum of two thousand dollars, to them in hand 
 paid by the said George Hughes, at and before the sealing and 
 delivery hereof, the receipt whereof is hereby acknowledged, have 
 granted, bargained, sold, aliened, released and confirmed, and by 
 these presents, by force and virtue of the said last recited will, do 
 grant, bargain, sell, alien, release atid confirm unto the said George 
 Hughes, all that above-mentioned and described messuage, &c., 
 bounded and described as follows : Beginning, &.C., [here describe 
 the premises.] 
 
 Together with all and singular the houses, out-houses, buildings, 
 barns, stables, ways, woods, waters, water-courses, rights, liber- 
 ties, privileges, hereditaments and appurtenances whatsoever there- 
 unto belonging or in any wise appertaining, and the reversions 
 and remainders, rents, issues and profits thereof: And also all the 
 estate, right, title, interest, property, claim and demand whatsoever 
 of the said Edward Fraley, at and immediately before the time of 
 his decease, in law or equity, or otherwise howsoever, of, in, to 
 or out of the same. To have and to hold the said messuage or 
 tenement and tract of one hundred acres of land, hereditaments 
 and premises hereby granted or mentioned, or intended so to be, 
 with the appurtenances, unto the said George Hughes, his heirs 
 and assigns, to the only proper use and behoof of the said George 
 Hughes, his heirs and assigns forever. And the said Abraham 
 Brown and Charles Davis, executors aforesaid, for themselves, 
 their heirs, executors and administrators, do severally and not 
 jointly, nor the one for the other, or for the act or deed of the 
 other, but each for his own acts only, covenant, promise, grant 
 and agree, to and with the said George Hughes, his heirs and 
 assigns, by these presents, that they, the said Abraham Brown 
 and Charles Davis, have not heretofore done or committed any
 
 DEEDS. 147 
 
 act, matter or thing whatsoever, whereby the premises hereby 
 granted, or any part thereof, is, are or shall or may be impeached, 
 charged or encumbered, in title, charge, estate or otherwise how- 
 soever. In witness whereof, &c. 
 
 (Q 3 * This covenant is generally inserted in deeds given by exe- 
 cutors. 
 
 Deed by Executors under a special authority in a Will. 
 
 To all persons to whom these presents shall come, we, A: B., 
 
 C. D. and E. F., of , executors of the last will and testament 
 
 of G. H., late of , deceased, send greeting. Whereas the 
 
 said G. H., to enable his executors to make an equal division of 
 his estate, according to his said will, did therein and thereby au- 
 thorize them to make sale of, and convey all his real estate, either 
 at public or private sale, as to them should seem meet, and to 
 make good and sufficient deeds of bargain and sale thereof, to the 
 purchasers and their heirs and assigns, and in and by the said 
 will did appoint us, the said A. B., C. D. and E. F., executors 
 thereof. 
 
 Now know ye, that by virtue of the power and authority afore- 
 said, and in consideration of the sum of , to us paid by K. L. 
 
 and M. N., of , the receipt ^hereof we do hereby acknow- 
 ledge, we have granted, bargained, sold and conveyed, and do 
 hereby grant, bargain, sell and convey to the said K. L. and M. 
 N., their heirs and assigns forever, a certain parcel of land, situ- 
 ate, &c. To have and to hold the granted premises to the said 
 K. L. and M. N., their heirs and assigns, as tenants in common, 
 and not as joint tenants. And we, the said A. B., C. D. and E. 
 F., for ourselves, our heirs, executors and administrators, cove- 
 nant with the said K. L. and M. N., their heirs and assigns as 
 aforesaid, that the said G. H. died seised of the granted premises, 
 that they are free from all incumbrances done or suffered by us 
 or either of us, and that we will, and our heirs, executors and 
 administrators, shall warrant and defend the same to. the said K. 
 L. and M. N., their respective .heirs and assigns,, against the law- 
 ful claims and demands of all persons claiming by, from or under 
 the said G. H., or us or either of us. In witness, &c. 
 
 Deed Poll. 
 
 To aUpeople to whom these presents shall come, A. B., of the 
 city of Lancaster, in the State of Pennsylvania, widow and relict 
 of J. B., late of the same place, Esq., deceased, E. B., of the same 
 place, merchant, eldest son and heir-at-law of the said deceased, 
 F. B , of the borough of Norristown, in the State of Pennsylvania 
 aforesaid, gentleman, another of the sons of the said deceased, and
 
 148 PEEDS. 
 
 J. S., of the borough of Norristown aforesaid, gentleman, and M., 
 his wife, late M. B., daughter of the said deceased, (who are the 
 only heirs of the said deceased,) send greeting. 
 
 Whereas, &c. [Recite the title of the said A. B., deceased, to the 
 premises intended to be conveyed. See recitals.] 
 
 Now know ye, that the said J. B., E. B., F. B., and J. S. and 
 M. his wife, for and in consideration of the sum of ^wo thousand 
 dollars, lawful money of the United States, to them in hand paid 
 by I. N., of the city of Philadelphia, aforesaid, at and before the 
 sealing and delivery hereof, the receipt whereof they do hereby 
 acknowledge, and thereof acquit and for ever discharge the said 
 I. N., his heirs, executors, and administrators, by these presents, 
 have granted, bargained, sold, released, and confirmed, and by 
 these presents do grant, bargain, sell, release, and confirm, unto 
 the said I. N., his heirs and assigns, all that messuage or tenement, 
 &c. 
 
 Together with all and singular the buildings, improvements, 
 ways, woods, waters, water-courses, rights, liberties, privileges, 
 hereditaments, and appurtenances whatsoever, thereunto belong- 
 ing, or in any wise appertaining, and the reversions and remain- 
 ders, rents, issues, and profits thereof; and also all the estate, 
 right, title, interest, property, claim, and demand whatsoever, of 
 them, the said A. B., &c., in law or equity, or otherwise howso- 
 ever, of, in, to, or out of the saop. 
 
 To have and to hold the said messuage or tenement, and lot or 
 piece of ground, hereditaments and- premises, hereby granted, or 
 mentioned or intended so to be, with the appurtenances, unto the 
 said I. N., his heirs and assigns, to the only proper use and behoof 
 of the said I. N., his heirs and assigns, for ever ; subject to the 
 payment of the arrearages of the principal and interest (if any) 
 due to the Commonwealth of Pennsylvania for patenting the 
 same. In witness, &c. 
 
 Deed Poll on disfranchising a Member of a Company. 
 
 To all to whom these presents shall come, the master, wardens' 
 and society, of the art and mystery of Carpenters of the city of 
 
 , send greeting : Know ye, that we, for divers good causes 
 
 and considerations, have acquitted, released, and discharged, and 
 by these presents, for us and our successors, do acquit, release, 
 
 and discharge, Andrew Bryan, of , of and from his freedom 
 
 in the said society or company, and of and from all oth^ offices, 
 duties, charges, payments, and things whatsoever relating thereto, 
 or whereto he now stands engaged by virtue of any charters, by- 
 laws, ordinances, or other matter or thing whatsoever ; and so as 
 of and from the same, he shall and may at all times hereafter be 
 fully and absolutely discharged by these presents. In witness 
 whereof, we have hereunto caused to be set the seal of our
 
 DEEDS. 149 
 
 society, this day of , in the year of our Lord one thou- 
 sand eight hundred and forty-four. 
 
 Deed Poll for Unpatented Lands, with Clause of Special 
 Warranty. 
 
 Know all men by these presents, that A. B., of Blockley town- 
 ship, in the County of .Philadelphia and State of Pennsylvania, 
 joiner, and H., his wife, for and in consideration of the sum of four 
 hundred dollars, to them in hand paid by C. D., of Moyamensing 
 township, in the county and state aforesaid, at and before the 
 sealing and delivery hereof, the receipt whereof is hereby acknow- 
 ledged, have granted, bargained, sold, released and confirmed, 
 and by these presents, do grant, bargain, sell, release, and confirm 
 unto the said C. D., his heirs and assigns, all their estate, right, 
 title, interest, property, claim, and demand whatsoever, of, in, to, 
 or out of a certain tract or parcel of land, situate, &c., containing 
 one hundred acres, be the same more or less, surveyed or intended 
 to be surveyed, by virtue of a warrant for the same, bearing date 
 the first day of July, one thousand seven hundred and ninety-six, 
 granted to the said A. A. as by the said warrant remaining filed 
 in the Surveyor General's Office, recourse being thereunto had, 
 appears. 
 
 Together with all and singular the rights, members, and appur- 
 tenances thereunto belonging, or in any wise appertaining ; and 
 the reversions and remainders, rents, issues, and profits thereof: 
 To have and to hold the said tract of land, hereditaments, and 
 premises, hereby granted, or mentioned or intended so to be, with 
 the appurtenances, unto the said C. D., his heirs and assigns, to 
 the only proper use and behoof of the said C. D., his heirs and 
 assigns for ever, subject to the payment of the arrearages, if any, 
 due to the Commonwealth for patenting the same. 
 
 And the said A. B. and his heirs, the said hereby granted pre- 
 mises, unto the said C. D., his heirs and assigns, against him the 
 said A. B. and his heirs, and against all and every oiher person 
 and persons whatsoever, lawfully claiming or to claim by, from, 
 or under him, them, or any of them, shall and will warrant and 
 for ever defend, by these presents. In witness whereof, &c. 
 
 Deed for Lands sold by Administrators by order of Orphans' 
 Court in Partition. 
 
 This indenture, made the day of , between John Jones 
 
 and William Burns, administrators of all and singular the goods 
 and chattels, rights, and credits, winch were of William Dickson, 
 
 late of , yeoman, deceased, of the one part, and John Smith, 
 
 of , gentleman, of the other part: Whereas the said William 
 
 Dickson was, in his lifetime, lawfully seised in his demesne as of
 
 150 DEEDS. 
 
 fee, of and in a certain plantation and tract of land, situated in 
 , and bounded and described as follows, that is to say : Be- 
 ginning at , containing, &c., with the appurtenances, and 
 
 being so thereof seised as aforesaid, died intestate. And whereas 
 
 at an Orphans' Court, held at , in and for the county of 
 
 aforesaid, the day of , upon the petition of John Dick- 
 son, eldest son and heir at law [or, as the case may be] of the 
 said William Dickson, praying the court .to award an inquest, to 
 make partition of the said real estate of the said intestate in the 
 said petition mentioned, to and among his children and repre- 
 sentatives, in such manner and in such proportions, as by the 
 laws of Pennsylvania is directed and appointed, if such partition, 
 could be made without prejudice to or spoiling the whole, other- 
 wise to value and appraise the same, the said inquest was awarded 
 by the court, according to the prayer of the said petitioner. Where- 
 upon a writ of partition or valuation issued out of the said court, 
 
 bearing test the day of , to the sheriff of the said county 
 
 directed, commanding him to summon an inquest, to make parti- 
 tion of the said real estate to and among the children and repre- 
 sentatives of .the said intestate, according to law, if such partition 
 could be thereof made without prejudice to and spoiling the 
 whole; but if such partition could not be thereof made as afore- 
 said, then to value and appraise the same : And that the partition 
 or valuation so made, he should distinctly and' openly have before 
 
 the judges of the said court at , the day of then 
 
 next. At which day, before the judges aforesaid, the sheriff of 
 the said county, to wit, C. M., Esq., made return of the said writ, 
 with a schedule thereunto annexed, by which schedule or inqui- 
 sition, under the hand and seal, as well of the said sheriff as of 
 the inquest therein named, it appears by the oaths and affirma- 
 tions of the said inquest, that the real estate in the said writ men- 
 tioned, could not be parted and divided to and among the parties 
 therein named, without prejudice to or spoiling the whole thereof: 
 And therefore the inquest aforesaid, upon their oaths or affirma- 
 tions aforesaid, had valued and appraised the same at the sum of 
 dollars, which return and valuation were, on motion, con- 
 firmed by the court. And whereas all the heirs and legal repre- 
 sentatives of ihe said William Dickson, having severally and 
 respectively refused to take the said plantation and tract of land, 
 at the valuation aforesaid, the said court did, upon the application 
 of the said John Dickson, [or as the case may be,] grant a rule 
 upon all the heirs and legal representatives of the said intestate, 
 
 to show cause at an Orphans' Court to be held at , in the 
 
 county of , the day of then next, why the said 
 
 real estate should not be sold according to the act of General 
 Assembly, in such case made and provided, at which said time 
 and place legal notice of the aforesaid rule being proved to have 
 been duly given to all the heirs and legal representatives of the
 
 DEEDS. 151 
 
 said intestate, and no cause being shown why the said real estate 
 should not be sold as aforesaid; the said court did then and there 
 make an order commanding the said John Jones and William 
 Burns, administrators as aforesaid, to expose the aforesaid planta- 
 tion and tract of land of the said intestate, to public sale, on the 
 
 premises, upon the day of then next, upon the terms 
 
 in the said order directed. In pursuance whereof, the said admin- 
 istrators having first given sufficient security according to law, for 
 the faithful execution of the power committed to them, did on the 
 day, and at the place in the said order directed, expose the pre- 
 mises therein mentioned to sale, by public vendue, 'and sold the 
 same to the said John Smith, at and for the sum of three thousand 
 dollars, he being the highest bidder, and that the highest and best 
 price bidden for the same ; which sale on return thereof made to 
 
 the judges of the same court, on the day of last past, 
 
 was confirmed, and it was considered and adjudicated by the said 
 court, that the said plantation and tract of land with the appurte- 
 nances, so sold as aforesaid, should be transferred and vested in 
 the said John Smith, as fully as the said William Dickson, held 
 the same at his decease, subject and liable to the payment of the 
 purchase-money, according to the terms prescribed in the said 
 order, as by the records and proceedings of the same court, remain- 
 ing at , aforesaid, relation thereunto being had, will more 
 
 fully and at large appear. Now this indenture witnesseth, that 
 the said John Jones and William Burns, administrators as afore- 
 said, for and in consideration of the said sum of three thousand 
 dollars to them in hand paid by the said John Smith at and before 
 the ensealing and delivery hereof, the receipt and payment whereof 
 they do hereby acknowledge, and thereof acquit and for ever dis- 
 charge the said John Smith, his heirs, executors, and administra- 
 tors, have granted, bargained, sold, aliened, released and confirmed, 
 and by these presents (by virtue of the powers and authorities to 
 them given by the aforesaid order of Orphans' Court, and pursuant 
 to the directions thereof) do grant, bargain, sell, alien, release and 
 confirm, unto the said John Smith, his heirs and assigns, all that 
 the above-mentioned and described plantation and tract of land, 
 with the appurtenances: together with all and singular the build- 
 ings, improvements, ways, woods, waters, water-courses, rights, 
 liberties, privileges, hereditaments,and appurtenances whatsoever, 
 thereunto belonging or in anywise appertaining, and the rever- 
 sions and remainders, rents, issues, and profits thereof; and also, 
 all the estate, right, title, interest, property, claim, and demand 
 whatsoever of the said William Dickson in his lifetime, at and 
 immediately before the time of his decease, of, in, to, or out of the 
 same: To have and to hold the said plantation and tract of land, 
 hereditaments and premises, hereby 'granted, or mentioned, or 
 intended so to be, with the appurtenances, unto the said John 
 Smith, -his heirs and assigns, to the only proper use, benefit, and
 
 152 DEEDS. 
 
 behoof of the said John Smith, his heirs and assigns forever. And 
 the said John Jones and William Burns do severally, but not 
 jointly or the one for the other, or for the act or deed of the other, 
 but each for his own act only, covenant, promise, grant, and agree 
 to and with the said John Smith, his heirs and assigns, by these pre- 
 sents, that they, the said John J*ones and William Burns have not, 
 nor hath either of them done, committed, or wittingly or willingly 
 suffered to be done or committed any act, matter, or thing what- 
 soever, whereby the premises aforesaid, or any part thereof is, 
 are, or shall or may be impeached, charged or incumbered in 
 title, charge, or estate or otherwise howsoever. In testimony 
 whereof, the said parties to these presents have hereunto set their 
 hands and seals, dated the day and year first above written. 
 
 Sealed and delivered in 
 presence of us, 
 
 JOHN JAY, 
 
 ALFRED KING. 
 
 j 
 
 JOHN JONES. 
 
 WILLIAM BURNS. 
 
 Deed by Administrators, by order of Court, to satisfy debts, SfC. 
 
 This indenture, made the tenth day of September, in the year 
 of our Lord one thousand eight hundred and forty-four, between 
 John Jones and William Burns, administrators of all and singular 
 the goods and chattels, rights and credits which were of William 
 Dickson, late of, &c., yeoman, who died intestate, of the one part, 
 and John Smith, of, &c., of the other part: Whereas, &c. [Here 
 recite the former title.] By force and virtue of which said last 
 recited indenture, or.of some other good conveyances and assur- 
 ances in the law duly had and executed, the said John Jones be- 
 came in his life time lawfully seised in his demesne, as of fee, of 
 and in the premises aforesaid, with the appurtenances; and being 
 so thereof seised, died intestate ; after whose death, to wit, at an 
 
 Orphans' Court, held at , in and for ihe county of , the 
 
 tenth day of August, one thousand eight hundred and forty-four, 
 upon the petition of John Jones and William Burns, the adminis- 
 trators aforesaid, stating to the said court that the personal estate 
 of the said deceased was ndt sufficient for the payment of the debts 
 of the said intestate, [or say, not sufficient for the maintenance 
 and education of the minor children of the said intestate, as the 

 
 DEEDS. 153 
 
 case may be,] and prayed the court to direct a sale to be made of 
 the above described messuage, &c., it was considered and ordered 
 by the said court that the premises aforesaid should be sold at 
 public sale on the twenty -second day of February then next, for 
 the purpose aforesaid, and that a report of the proceedings thereof 
 be made to the next Orphans' Court, to be held for the said county, 
 after such sale. 
 
 In pursuance of which said order, the said John Jones and Wil- 
 liam Burns, administrators as aforesaid, after having given due 
 public and timely notice of the time and place of sale, did, on the 
 day and time therein mentioned, expose the premises aforesaid to 
 sale, by public vendue or outcry, and sold the same to John Smith, 
 for the sum of one thousand dollars, lawful money of the United 
 States, he being the highest bidder, and that the best price bidden 
 for the same ; which sale, on report thereof made to the judges of 
 the said court, was, on the fifth day of April following, by them 
 confirmed. And it was considered and adjudged by the said court, 
 that the same should be and remain firm and stable forever, as by 
 the records and proceedings of the said court, relation being there- 
 unto had, will at large appear. 
 
 Now this indenture witnesseth, that the said John Jones and 
 William Burns, for and in consideration of the said sum of one 
 thousand dollars, to them in hand paid by the said John Smith, at 
 and before the ensealing and delivering hereof, the receipt whereof 
 they do hereby acknowledge, and thereof acquit and forever dis- 
 charge the said John Smith, his heirs, executors and adminis- 
 trators, by these presents have granted, bargained, sold, released 
 and confirmed, and by these presents, in pursuance and by virtue 
 of the said order of court, do grant, bargain, sell, release and con- 
 firm unto the said John Smith, and to his heirs, assigns, all that, 
 the said messuage, &c., bounded and described as follows : Be- 
 ginning, &c. [Here describe the premises.] 'Together with all and 
 singular other the houses, out-houses, buildings, barns, stables, 
 ways, woods, waters, water-courses, rights, liberties, privileges, 
 hereditaments and appurtenances whatsoever thereunto belong- 
 ing, or in any wise appertaining, and the reversions and remain- 
 ders, rents, issues and profits thereof: And also all the estate, right, 
 title, interest, property, claim and demand whatsoever of the said 
 William Dickson, at and immediately before the time of his de- 
 cease, in law or equity, or otherwise howsoever, of, in, to or out 
 of the same. To have and to hold the said messuage or tenement 
 and tract of one hundred and fifty acres of land, hereditaments 
 and premises hereby granted or mentioned, or intended so to be, 
 with the appurtenances, unto the said John Smith, his heirs and 
 assigns, to the only proper use and behoof of the said John Smith, 
 his heirs and assigns forever. 
 
 And the said John Jones and William Burns, administrators 
 aforesaid, for themselves, their heirs, executors and administrators,
 
 154 DEEDS. 
 
 do severally and not jointly, nor the one for the other, or for the 
 act or deed of the other, but each for his own acts only, cove- 
 nant, promise, grant and agree, to and with the said John Smith, 
 his heirs and assigns, by these presents, that they, the said John 
 Jones and William Burns, have not heretofore done or committed 
 any act, matter or thing whatsoever, whereby the premises hereby 
 granted, or any part thereof, is, are or shall or may be impeached, 
 charged or incumbered, in title, charge, estate or otherwise how- 
 soever. In witness whereof, &c. * 
 
 *# Deed by an Administrator, of Land which his Intestate had 
 bound himself to convey. 
 
 To all people to whom, &c., A. B., of , administrator of the 
 
 goods and estate which were of C. D., late of , deceased, 
 
 sends, greeting : Whereas (here recite the agreement of the intes- 
 tate to convey, and that the administrator had obtained per- 
 mission, <$*c.) Now kno\v ye, that by virtue of the authority and 
 license aforesaid, and in order to fulfil and perform" all things in 
 the above-mentioned contract or agreement on the part of the said 
 
 A. B., to be performed, in consideration of the sum of , to 
 
 me paid by the said C. D., the receipt, &c., and in consideration 
 that the said C. D. hath performed and fulfilled all things in the 
 above-recited contract or agreement, on his part to be performed 
 and fulfilled, I, the said A. B., have granted, bargained, sold, con- 
 veyed, released and confirmed, and do hereby, &c., to the said C. 
 D., his heirs and assigns forever, the said, &c., with the appurte- 
 nances ; to have and to hold the same to the said C. D., his heirs 
 and assigns, to his and their use forever, &c. 
 
 (J This deed will not pass the widow's right to dower, unless 
 she join in the conveyance. 
 
 Sheriff's Deed on a Venditioni. 
 
 To all people to whom these presents shall come, J. H. B., Esq., 
 High Sheriff of the county of , in the Commonwealth of Penn- 
 sylvania, sends greeting : Whereas by a writ of fieri facias, to me 
 directed, bearing date the ninth day of May last past, I was com- 
 manded, that of the goods and chattels, lands and tenements of 
 J#S., &c., in my bailiwick, I should cause to be levied, &c. [as in 
 the fieri facias.'] And that I should have those moneys before 
 
 the judges at , at a Court of Common Pleas, there to be held 
 
 for the said county of , the fifth day of August then next, to 
 
 render to the said C. H., for his debt and damages aforesaid, and 
 that I should have then and there that writ. At which day, I, 
 the said sheriff, made return to the said Judges, that by virtue of 
 the said writ to me directed, I had seized and taken in execution,
 
 DEEDS. 155 
 
 
 
 a certain messuage, &c., which remained in my hands unsold for 
 want of buyers ; so that I could not have the moneys, in the said 
 writ mentioned, at the day and place therein contained, as by the 
 said writ I was commanded : And that the residue of the exe- 
 cution of the said writ was contained in a certain schedule there- 
 unto annexed ; by which schedule or inquisition it appears, on 
 the oaths and affirmations of the inquest therein named, that the 
 rents, issues and profits of the said messuage, &c., were not of a 
 clear yearly value sufficient, beyond all reprizes, within the space 
 of seven years, to satisfy the debt and damages in the said writ 
 mentioned: Wherefore, by a certain other writ of vendilioni 
 exponent, issued out of the said court, bearing date the sixth day 
 of August last past, I, the said sheriff, was commanded that the 
 said messuage, &c., with the appurtenances, so by me seised and 
 taken in execution, I should expose to sale : And that Tshould 
 
 have those moneys before the said judges at , at the Court of. 
 
 Common Pleas, there to be held the fourth day of November 
 then next, to render to the said C. H. for his debt and damages 
 aforesaid. 
 
 In pursuance whereof; I, the said sheriff, having given due and 
 timely notice of the time and place of sale, did, on Friday, the 
 eighth day of November, expose the premises aforesaid to sale, 
 by public vendue or outcry, and sold the same to 1. R., of, &c., 
 for the sum of one thousand dollars, he being the highest bidder, 
 and that the best price bidden for the same. Now know ye, that I, 
 the said sheriff, for and in consideration of the aforesaid sum of one 
 thousand dollars, to me in hand paid by the said I. R., at and be- 
 fore the ensealing and delivering hereof, the receipt whereof I do 
 hereby acknowledge, have granted, bargained and sold, and by 
 these presents, according to the directions of the said last recited 
 writ, and by force and virtue thereof, do grant, bargain and sell, 
 unto the said I. R., his heirs and assigns, all that the said mes- 
 suage, &c., together with all and singular the buildings, improve- 
 ments, rights, members and appurtenances whatsoever thereunto 
 belonging, or in anywise appertaining, and the reversions and 
 remainders, rents, issues and profits thereof; and also all the 
 estate, right, title, interest, property, claim and demand whatso- 
 ever of him the said I. S., of, in, to or out of the same : To have 
 and to hold the said messuage, &c., hereditaments and premises, 
 hereby granted or mentioned, or intended so to be, with the ap- 
 purtenances, unto the said I. R., his heirs and assigns, to his and 
 their only proper use and behoof forever ; for such estate, and 
 under such rents and conditions, as the said I. S. had and held the 
 same, at and immediately before the taking thereof in execution, 
 according to the form and effect of the laws and usages of this 
 Commonwealth, in such case made and provided. In witness 
 whereof, I, the said sheriff, have hereunto set my hand and seal.
 
 156 DEEDS. 
 
 Dated the fifth day of November, one thousand eight hundred 
 and forty-four. 
 
 Sheriff's Deed upon a Levari Facias. 
 
 To all people to whom these presents shall come, H. S., Esq., 
 
 High Sheriff of the county of , in the Commonwealth of 
 
 Pennsylvania, sendeth greeting : Whereas by a writ of Levari 
 Facias, issued out of the county Court of Common Pleas, of the 
 
 county of , bearing test at , the day of last 
 
 past, to the said sheriff directed, he was commanded that without 
 
 any other writ of the lands and tenements of A. N., late of , 
 
 widow, in his bailiwick, to wit of a certain messuage, &c., [as in 
 the writ], and that he should have those moneys before the judges 
 
 at , at the county Court of Common Pleas, there to be held for 
 
 the said county of ,the day of then next, to render 
 
 to the said S. P., for his debts and damages aforesaid : And whereas 
 the said sheriff having given due and legal notice of the time and 
 
 place of sale of the said messuage, &c , did on Monday the 
 
 day of , expose the same to sale by public vendue or outcry, 
 
 and sold the same to J. L., of , for the sum of , he being 
 
 the highest bidder, and that the highest and best price bidden for 
 the same : Now know ye, that the sa*id sheriff, for and in consi- 
 deration of the aforesaid sum of , to him in hand paid by the 
 
 said J. L., at and before the ensealing and delivery hereof, the 
 receipt whereof he doth hereby acknowledge, hath granted, bar- 
 gained and sold, and by these presents, according to the directions 
 of the said recited writ, and by force and virtue thereof, doth grant, 
 bargain and sell unto the said J. L., his heirs and assigns, ail that 
 the said messuage, &c., together with all and 'singular the build- 
 ings, improvements, rights, members and appurtenances whatso- 
 ever thereunto belonging or in anywise appertaining, and the 
 reversions and remainders, rents, issues and profits thereof, and 
 also all the estate, right, title, interest, property, claim and demand 
 whatsoever of her, the said A. N., of, in, to or out of the same : 
 To have and to hold the said messuage, &c., hereditaments and 
 premises hereby granted or mentioned, or intended to be so, with 
 the appurtenances, unto the said J L., his heirs and assigns, to 
 his and their only proper use and behoof forever for such estate, 
 and under such rents and conditions as the said A. N., had and 
 held the same at and immediately before the taking thereof in 
 execution, but for no larger or greater estate than she, the said 
 A. N., then and there had and held the same, according to the 
 form and effect of the laws and usage of this commonwealth, in 
 such case made and provided. In witness whereof, the said 
 sheriff hath hereunto set his hand and seal, the day of .
 
 DEEDS. 157 
 
 Deed of Guardian for Lands sold by order of Orphans 1 Court. 
 
 This indenture, made the tenth day of May, A. D. one thou- 
 sand eight hundred and forty-four, between P. C., guardian, legally 
 
 appointed by the Orphans' Court of the county of , of the 
 
 estate of S. M., a minor son of J. M., late of , blacksmith, 
 
 deceased, of the one part, and E. G , of , gentleman, of the 
 
 other part : Whereas by force and virtue of certain good convey- 
 ances and assurances in the law, duly had and executed, the said 
 J. M. became in his lifetime lawfully seized in his demesne as of 
 fee, of and in a certain plantation and tract of land, situate in, &c., 
 and bounded and described as follows : [here describe the pre- 
 mises,] with the appurtenances, and being so thereof seised, died 
 intestate, [or if the deceased made a ivill, add the following 
 after the word seised, " made his last will and testament in writ- 
 ing, bearing date the day of , wherein and whereby 
 
 (among other things) he did give and devise the said plantation 
 and tract of land unto his said son S. M., and his heirs, as in and 
 by the said in part recited will (since his decease duly proved and 
 remaining in the register's office at ,) reference being there- 
 unto had, appears,"] and whereas at an Orphans' Court held at 
 
 aforesaid, in and for the said 'county, upon the petition of the 
 
 said S. M., the said P. C. was duly appointed guardian of the 
 estate of the said S. M. during his minority ; and it appearing to 
 the said court that the said S. M. was not possessed of a personal 
 estate adequate to his maintenance and education, the said court 
 did then and there make an order empowering the said P. C. to 
 make public sale of the said plantation and tract of land, the estate 
 of the said S. M., for the purposes aforesaid, and to make a title 
 thereto to the purchaser, and did direct the said sale to be held 
 on the premises, upon the day of then next. In pur- 
 suance whereof, the said P. C., having first given bond with suf- 
 ficient surety to the said court, according to the act of assembly, 
 for the faithful discharge of the trust thus committed to him, did 
 on the day and at the place in the said order directed, expose the 
 premises therein mentioned to sale by public vendue, and sold the 
 
 same to the said E. G., at and for the sum of , he being the 
 
 highest bidder, and that the highest and best price bidden for the 
 same, which sale, on report thereof made to the judges of the said 
 
 court on the , was confirmed by the said court, and it was 
 
 considered and adjudged by the said court, that the same should 
 be and remain firm and stable forever, as by the records and pro- 
 ceedings of the same court, reference thereunto being had, will 
 fully appear. Now this indenture witnesseth, that the said P. C., 
 
 for and in consideration of the sum of , to him in hand paid 
 
 by the said E. G.,at and before the ensealing and delivery hereof, 
 the receipt and payment whereof he doth hereby acknowledge, 
 and thereof acquit and forever discharge the said E. G., his heirs, 
 o
 
 158 DEEDS. 
 
 executors and administrators, by these presents, hath granted, bar- 
 gained, sold, aliened, released and confirmed, and by these presents 
 (by virtue of the powers and authorities to him given by the afore- 
 said order of Orphans' Court, and pursuant to the directions thereof) 
 doth grant, bargain, sell, alien, release and confirm unto the said 
 E. G , his heirs and assigns, all that the above-mentioned and de- 
 scribed plantation and tract of land, with the appurtenances : To- 
 gether with all and singular the houses, out-houses, buildings, 
 barns, stables, ways, woods, waters, water-courses, rights, liberties, 
 privileges, hereditaments and appurtenances whatsoever there- 
 unto belonging or in any wise appertaining, and the reversions 
 and remainders, rents, issues and profits thereof: And also all 
 the estate, right, title, interest, property, claim and demand what- 
 soever of the said J. M. in his lifetime at and immediately before 
 the time of his decease, of, in, to or out of the same : To have and 
 to hold the said plantation and tract of land, hereditaments and 
 premises, hereby granted or mentioned, or intended so to be, with 
 the appurtenances, unto the said E. G., his heirs and assigns, to 
 the only proper use, benefit and behoof of the said E. G., his heirs 
 and assigns forever. And the said P. C. doth covenant, promise, 
 grant and agree to and with the said E G., his heirs and assigns, 
 by these presents, that he, the said P. C., hath not done, committed, ' 
 or wittingly or willingly suffered to be done or committed, any 
 act, matter or thing whatsoever, whereby the premises aforesaid, 
 or any part thereof, is, are or shall or may be impeached, charged 
 or incumbered in title, charge or estate, or otherwise howsoever. 
 In witness whereof, &c. 
 
 Deed of Trust or Assignment for the benefit of Creditors. 
 
 This indenture, made the fourth day of July, Anno Domini one 
 thousand eight hundred and forty-four, between A. B. of the 
 borough of Reading, in the county of Berks, and state of Pennsyl- 
 vania, of the one part, and C. D. of the same place, of the other 
 part : Whereas the said A. B , owing to sundry losses and misfor- 
 tunes, is at present unable to discharge his just debts, and is willing 
 to assign all his property for the benefit of his creditors: 
 
 Now this indenture witnesseth, that the said A. B. as well in 
 consideration of the premises, and for the purpose of making a 
 just distribution of his estate and effects among his creditors, as 
 also of the sum of one dollar, to him in hand paid, by the-said C. 
 D., the receipt whereof is hereby acknowledged, hath granted, 
 bargained, sold, assigned, transferred and set over, and by these 
 presents doth grant, bargain, sell, assign, transfer and set over unto 
 the said C. D., his heirs and assigns, all that certain messuage, 
 &c. [Here describe the lands, tenements, &c. intended to be con- 
 veyed.]
 
 DEEDS. 159 
 
 And also all his goods, chattels and effects, and property of 
 every kind, real, personal and mixed : to have and to hold, re- 
 ceive and take the same to the said C. D.,his heirs and assigns, to 
 the proper use and behoof of the said C. D., his heirs and assigns 
 for ever. 
 
 In trust, however, and to the intent and purpose that he, the 
 said C. D., shall and do as soon as convenient, sell arid dispose of 
 all the lands, tenements, goods and chattels of him, the said A. B., 
 and collect and recover all the outstanding claims and debts to 
 him due, and with the moneys arising therefrom, after deducting 
 his reasonable costs and charges, shall and wjjl pay the creditors 
 of the said A. B. their respective demands in full, if there shall be 
 sufficient assets to satisfy the whole; and if there are not sufficient 
 assets to satisfy all the demands in full, thenpro rata according to 
 the amount of their respective demands, without preference as 
 between individuals. 
 
 And should any part or portion of. said trust property or funds 
 remain after fully complying with tfrie trusts aforesaid, then the 
 said C. D. shall deliver over end re-convey the same unto the said 
 A. B., his heirs, executors, administrators and assigns. 
 
 In testimony whereof, tye said party to these presents hath 
 hereunto set his hand anrfse^l, the day and year first above writ- 
 ten. H 
 
 vv 
 
 [Acknowledged as other deeds.] 
 
 The following deed to trustees for the use of a wife, is such an 
 one as is made to secure a certain quantity of land to the use and 
 control of the wife, and which can be held by her against the 
 creditors of the husband ; provided it is paid for out of her own 
 estate, or even if paid for by the funds of the husband, if such 
 husband is not embarrassed by debts at the time of making the 
 trust estate. 
 
 Deed to a Wife by intervention of Trustees. 
 
 This indenture, made the tenth day of May, in the year of our 
 Lord one thousand eight hundred and forty-four, between John 
 Jones of the city of Philadelphia and state of Pennsylvania, and 
 Mary his wife, of the one part, and William Burns, of Lancaster, 
 in the county of Lancaster and state aforesaid, of the other part : 
 Witnesseth, that the said John Jones and Mary his wife, for and 
 in consideration of the sum of five hundred dollars, lawful money 
 of the United States, to them in hand paid by the said William
 
 160 DEEDS. 
 
 Burns, for the uses and upon the trusts hereinafter mentioned, at 
 and before the ensealing and delivery hereof, the receipt whereof 
 they do hereby acknowledge, and thereof for ever acquit and dis- 
 charge the said William Burns, have granted, bargained, sold, 
 aliened, enfeoffed, released and confirmed, and by these presents, 
 do grant, bargain, sell, alien, enfeoff, release, and confirm, unto the 
 said William Burns, his heirs and assigns for ever, all that certain 
 piece or parcel of land, situated, &c., [here describe the premises] 
 together with all and singular the buildings and improvements, to 
 the same belonging, or in anywise appertaining, and the rever- 
 sions arid remainders, rents, issues and profits thereof. To have 
 and to hold the satd piece or parcel of land, with the appurte- 
 nances, hereby granted or intended so to be, unto the said Wil- 
 liam Burns, his heirs. and assigns forever: in trust, nevertheless, 
 and for the uses following and none other, that is to say, for the 
 sole and separate use of Anna Brown, the wife of Thomas Brown, 
 of Lancaster, county and state aforesaid, for and during her natural 
 life, and so as she alone, or sttch person as she shall appoint, shall 
 take and receive the rents, issues aijd profits thereof, and so as 
 her said husband shall not yi anywise intermeddle therewith ; 
 and from and after the decease of the Said Anna Brown, in trust 
 for the use of the heirs of the body of Ite^said Anna Brown, by 
 the said Thomas Brown begotten, or to ft begotten, forever, with 
 power to the said William Burns to*seHand convey in fee simple, 
 the whole or any part of the aforesaid premises and appurte- 
 nances, to any person or persons, and for such sum or sums of 
 money as th% said Anna Brown by writing under her hand and 
 seal, and duly acknowledged at any tin^eduring her natural life, 
 may appoint arid direct. And the said John Jones and Mary his 
 wife, for themselves, their heirs, executors and administrators, do 
 covenant, promise, grant and agree, to and with the said William 
 Burns, his heirs and assigns, by these presents, that they, the said 
 John Jones and Mary his wife, and their heirs, the said above- 
 mentioned and described piece or parcel of land, with the appur- 
 tenances, unto the said William Burns, his heirs and assigns, 
 against him, the said John Jones and his heirs, and against all and 
 every other person and persons whomsoever, lawfully claiming 
 or to claim the same, or any part, thereof, [*by, from or under 
 him, them or any of them,] shall and will warrant and forever 
 defend, by these presents. 
 In witness whereof, &c.t 
 
 * See note at the conclusion of the first deed. 
 
 f The acknowledgment for this deed is in the same form as any other.
 
 DEEDS. 161 
 
 Deed from same Trustee by direction of the Wife to sell her 
 
 Trust Estate. 
 
 This indenture, made the day of- , A. D. one thousand 
 
 eight hundred and forty-five, between William Burns, trustee of 
 the hereafter-mentioned and described premises, for the use of 
 Anna Brown, wife of Thomas Brown, of the first part, and Samuel 
 
 Stone,of ,of the second part: Witnesseth, that the said William 
 
 Burns, by the appointment and direction of the said Anna Brown, 
 given under her hand and seal, duly acknowledged, for the sum of 
 five hundred dollars, lawful money of the United States, to him in 
 hand paid by the said Samuel Stone, for the use of the said Anna 
 Brown, at and before the ensealing and delivery hereof, the receipt 
 whereof he doth hereby acknowledge, and thereof acquit and for- 
 ever discharge the said Samuel Stone, hath granted, bargained, 
 sold, released and confirmed, and by these presents doth grant, 
 bargain, sell, release and confirm unto the said Samuel Stone, his 
 heirs and assigns, all that piece or parcel of land, situate, &c. : 
 [here describe the premises] together with all and singular the 
 buildings, improvements, rights, liberties, privileges, heredita- 
 ments and appurtenances whatsoever thereunto belonging or in 
 anywise appertaining, and the reversions and remainders, rents, 
 issues and profits thereof, and also all the estate, right, title, in- 
 terest, property, claim and demand whatsoever of him, the said 
 William Burns,"in law or equity, or otherwise howsoever, of, in and 
 to the same ; to have and to hold the said piece or parcel of land 
 hereby granted or mentioned, or intended so to be, with the appur- 
 tenances, unto the said Samuel Stone, and to his heirs and assigns 
 forever. And the said William Burns, for himself, his heirs, execu- 
 tors and administrators, doth hereby covenant, promise and agree, 
 to and with the said Samuel Stone, his heirs and assigns, by these 
 presents, that be, the said William Burns, and his heirs, the said 
 above-mentioned and described premises with the appurtenances, 
 unto the said Samuel Stone, his heirs and assigns, against him, 
 the said William Burns and his heirs, and against all and every 
 other person and persons whomsoever, lawfully claiming or to 
 claim the same or any part thereof, by, from or under him, them, 
 or any of them, shall and will warrant and forever defend, by 
 these presents. In witness whereof, I have hereunto set my hand 
 and seal the day and year first above written. 
 
 Sealed and delivered in > 
 presence of 5 
 
 JAMES STILES. 
 
 WILLIAM BURNS, 
 o*
 
 162 DEEDS. 
 
 This may certify that I, Anna Brown, the wife of Thomas 
 Brown, do hereby appoint and direct William Burns, trustee of 
 the aforesaid property, for my use, to sell and convey as before 
 described, the premises within mentioned : And that I have re- 
 ceived on the day of the date of the above indenture, five hundred 
 dollars in fall of the consideration money therein mentioned. 
 
 Witness my hand and seal the day and date of the above in- 
 denture. 
 
 Witness present, 
 
 JAMES STILES. 
 
 ANNA BROWN. 
 
 Lancaster County, ss. 
 
 Be it remembered that on the day of , A. D. one thou- 
 sand eight hundred and forty-five, before me, the subscriber, one 
 of the justices of the peace in and for the said county, personally 
 came the above-named William Burns, trustee of the premises 
 herein described, for the use of Anna Brown, and by her appoint- 
 ment and direction, acknowledged the above indenture to be his 
 act and deed, and desired that the same might be recorded as such. 
 
 Also, on the day and date aforesaid, personally came Anna 
 Brown, above named, and acknowledged the above certificate of 
 appointment and direction to be her act and defcd, and desired 
 that the same might be recorded as such. 
 
 In testimony whereof, I have hereunto set my hand and seal, 
 the day and year aforesaid. 
 
 JAMES STILES, J. P. 
 
 Deed of Marriage Settlement of a Wife's Fortune (consisting 
 of Lands, Goods, 8fC.,} to her use as a separate and distinct 
 Estate. 
 
 An indenture of three parts, made, &c., between A. B., of , 
 
 of the first part, C. D., &c., of the second part, and E. F. and G. 
 H., (trustees) of the third part. Whereas the said C. D. is seised 
 to her and her heirs forever, of all that messuage or tenement, 
 situate, lying and being in : And whereas a marriage is in- 
 tended shortly to be had and solemnized between the said A. B. 
 and the said C. D., upon the contract of which marriage the'said 
 A. B. hath agreed, that if the same shall take effect, then, notwith- 
 standing the said marriage, he, the said A. B., his executors, ad- 
 ministrators or assigns, shall not and will riot intermeddle with, 
 or have any right, title or interest, either in law or equity, in or 
 to any part of the rents, issues arid profits of the said messuage,
 
 DEEDS. , 163 
 
 &c., but the same shall remain, continue and be to the said C. D., 
 or to such uses as the said C. D. shall think fit and appoint : Now 
 this indenture witnesseth, that for the making the said agreement 
 effectual in law, and for the preserving the rents, &c., of the mes- 
 suage, &c., to and for the separate use of the said C. D., and so 
 that the same shall not be in the power or disposal of the said A. 
 B., he, the said A. B., doth for himself, &c., covenant, &c., to and 
 with the said E. F. and G. H., (trustees) and the survivor of them, 
 and the executors and administrators of the survivor of them, 
 by these presents, that notwithstanding the said intended marriage 
 shall take effect, all the rents of the messuage, &c., which shall, 
 from time to time, become due and payable to her, the said C. D., 
 by virtue of, &c., aforesaid, and also the interest, due or to grow 
 due for, &c. ; and also the reversion and reversions of the said 
 messuage, &c., shall be accounted, reckoned and taken as and be 
 a separate and distinct estate, of and from the estate of him, the 
 said A. B., and be in no wise liable or subject to him, or to the 
 payment of any of his debts, but with the profits or increase, that 
 shall hereafter be gotten, gained or made of the same, be ordered, 
 disposed and employed, to such person and persons, and to and 
 for such use and uses, intents and purposes, and in such manner 
 and form as are hereinafter mentioned and declared, (that is to say,) 
 that the ready money arising or accruing out of the said separate 
 and distinct estate before mentioned, shall, from time to time, be 
 placed out at interest on such securities as she, the said C. D., shall 
 think fit ; which securities, during the coverture, shall be taken 
 and made in the names of the said E. F. and G. H., (the trustees) 
 or the survivor of them, or in the name or names of such other 
 person or persons, as she, the said C. D., shall order and appoint, 
 in trust for her, the said C. D. And that all the said separate and 
 distinct estate, before declared and allotted for the said C D. as 
 aforesaid, and the produce and increase thereof, shall be had, 
 taken, held, possessed and enjoyed by such person and persons, 
 and for such use and uses, as the said C. D. shall at any time or 
 times hereafter, during her life, limit, devise, order or dispose of 
 the same, or any part thereof, either by her last will and testa- 
 ment in writing whatsoever, signed with her hand in the presence 
 of two or more credible witnesses. 
 
 And the said A. B. doth for himself, his heirs, &c , cove- 
 nant, &c. to and with the said E. F. and G. H., (trustees,) &c., by 
 these presents, in manner following, that is to say, that if the said 
 intended marriage shall take effect, he, the said A. B., shall and 
 will permit and suffer the said C. D. to give, grant and dispose of 
 her said separate estate, as she shall think fit in her lifetime, and 
 to make such will or other writing as aforesaid, and thereby to 
 give, order, devise, limit and appoint her said separate estate to 
 any person or persons, for any trust, use, intent or purpose what- 
 soever ; and that he, the said A. B., shall and will permit and
 
 164 DEEDS. 
 
 suffer such will, hereafter to be made by the said C. D., to be duly 
 proved by the executors in such will named or to be named, and 
 probate of such will to be had and taken, as is usual ; and that 
 the person or persons, to whom the said C. D. shall give or dis- 
 pose any part of her said separate estate by her will, or any other 
 writing that shall be signed, sealed and executed by her in the 
 presence of two or more credible witnesses as aforesaid, shall and 
 lawfully may, peaceably and quietly have, hold, use, occupy, pos- 
 sess and enjoy the same, according to the true meaning of such 
 gift, devise or appointment, without any let, denial, hindrance or 
 interruption of or by the said A. B., his executors, administrators 
 or assigns, or any of them. 
 
 And also that it shall and may be lawful to and for the said E. 
 F. and G. H., &c., at any time from and after the said intended 
 marriage shall take effect, to commence any action or suit, in law 
 or equity, in the names of the said A. B. and C. D., his intended 
 wife, against any person or persons, for the recovery of any sum or ' 
 sums of money, due or to grow due to the said C. I)., on her sepa- 
 rate estate as aforesaid ; and that the said A. B. shall not and will 
 not release or discharge any such action or suit, nor receive, release 
 or discharge any sum or sums of money now due or hereafter to 
 grow due to the said C. D. from her said separate estate as .afore- 
 said, without the special license and consent of them, the said E. 
 
 F. and G. H., &c., in that behalf, first had and obtained in writ- 
 iftg under their, or some of their hands and seals, but he, the said 
 A. B., shall and will avow, justify and maintain all lawful actions 
 and suits, that shall and may be so commenced for the recovery 
 of the premises, and that he, the said A. B., shall and will, as often 
 as thereto desired by the said E. F. and G. H., or the survivor of 
 them, join with the said C., his now intended wife, in any receipt, 
 release, discharge or acquittance necessary to be given on receiv- 
 ing any moneys, due or to grow due to the said C., as aforesaid. 
 And further, that he, the said A. B.,' shall and will, from time to 
 time, and at all times, from and after the said intended marriage 
 shall take effect, upon every reasonable request, and at the proper 
 costs and charges of the said E. F. and G. H., (the trustees,) or, 
 &c., make, do and execute, all and every such further act and 
 acts, thing and things, for the better settling, recovering and re- 
 ceiving, the moneys, goods and estate of the said C. D., allotted 
 and declared for her separate use, benefit and disposal as afore- 
 said, as by the said E. F. and G. H., or, &c., or their, or any of 
 their counsel learned in the law, shall be reasonably devised, ad- 
 vised or required. Provided always, and it is declared, concluded 
 and agreed, by and between all, &c., that they, the said E. F. and 
 
 G. H., &c., shall and may, from time to time, reimburse, satisfy 
 and pay himself and themselves out of the said estate, all such 
 necessary and reasonable charges as they shall sustain or be put 
 to by reason of their being made parties to these presents, or trans-
 
 DEEDS. 165 
 
 acting any thing pursuant thereto : And that neither of them, the 
 said E. F. and G. H., shall be any ways accountable for the act 
 of the other, or liable to make good any more of the estate than 
 what shall really and bona fide come into his hands or custody. 
 Provided also, and it is declared, concluded and agreed, by and 
 between the said parties to these presents, that the said A. B., his 
 executors and administrators, shall, from time to time, and at all 
 times hereafter, be indemnified and saved harmless, out of the 
 separate estate of the said C. D., of and from all manner of costs, 
 charges, damages or trouble, that he or they shall or may sustain, 
 incur or be put unto, for or by reason of the said A. B.'s joining 
 or being a party in any action or suit for recovering any part of 
 the separate estate of her, the said C., as aforesaid, or any other 
 account whatsoever, relating to the said separate estate. In testi- 
 mony whereof, &c. 
 
 Deed of a Water-course. 
 
 This indenture, made the tenth day of May, in the year of our 
 Lord one thousand eight hundred and forty-five, between A. B., 
 of, &c., of the one part, and C. D., of, &c., of the other part : 
 Whereas the said A. B. and C. D., at the time of the sealing 
 and delivering of these presents, are respectively seised in fee of 
 and in two contiguous tracts, pieces, or parcels of land, with the 
 appurtenances, in the township of Cutnru aforesaid : and whereas 
 there is a dam and race, or water-course, built, erected and made, 
 in and upon a certain run or stream of water (called Angelica) 
 within the land of the said A. B., for watering, overflowing, and 
 improving of meadow ground thereon. Now this.indenture wit- 
 nesseth, that the said A. B., for divers good causes and considera- 
 tions, and more especially for and in consideration of the sum of 
 one dollar, to him in hand paid by the said C. D. at or before the 
 ensealing and delivery hereof, the receipt whereof he doth hereby 
 acknowledge, hath granted, bargained, sold, released and con- 
 firmed, and by these presents doth grant, bargain, sell, release and 
 confirm unto the said C. D., and to his heirs and assigns, all the 
 water of the said run or stream of water, to be led and conveyed 
 from the said dam, along the race or water-course aforesaid, into 
 the said land of the said C. D. for the space of three days in every 
 week, to wit : From Wednesday evening at sunset, to Saturday 
 evening at sunset, from the first day of May to the first day of 
 November, yearly, and every year, for the watering, overflowing, 
 and improving of meadow ground on the land of the said C. D., 
 together with free ingress, egress and regress, to and for the said 
 C. D., his heirs and assigns, and his and their workmen, with 
 horses, carts and carriages, at all convenient times and seasons, 
 through the land of the said A. B., his heirs and assigns, in and 
 along the banks of the said dam and race, or water-course, for the
 
 166 DEEDS. 
 
 amending, cleansing and repairing the same, with liberty and 
 privilege, for that purpose, to dig and take stones and earth from 
 the adjacent land of the said A. B., when and as often as need be, 
 or occasion may require : to have and to hold, all and singular 
 the premises and privileges hereby granted, or. mentioned, or in- 
 tended so to be, with the appurtenances, unto the said C. D., his 
 heirs and assigns, to the only proper use and behoof of the said 
 C. D., his heirs and assigns forever ; he or they paying one moiety 
 or half part of the expenses, which from time to time may accrue, 
 in supporting, cleansing and repairing the dam and water-course 
 aforesaid. In witness, &c. 
 
 Deed of an Alley or Passage. 
 
 This indenture, made the first day of June, in the year of our 
 Lord one thousand eight hundred and forty-five, between A. B. 
 of, &c., of the one part, arid C. D. of, &c., of the other part : Wit- 
 nessed, that the said A. B., for and in consideration of the sum 
 of one hundred dollars, lawful money of the United States, unto 
 him well and truly paid, by the said C. D., at and before the 
 ensealing and delivering hereof, the receipt whereof is hereby 
 acknowledged, hath granted, bargained and sold, and by these 
 presents doth grant, bargain and sell unto the said C. D. and to 
 his heirs and assigns, the free and uninterrupted use, liberty and 
 privilege of, and passage in and along, a certain alley or passage, 
 of five feet in breadth by eighty feet in depth, extending out of 
 and from Penn street, in the said borough, along the east side of 
 the present messuage, dwelling-house and lot of the said C. D., 
 together with free ingress, egress and regress, to and for the said 
 C. D., his heirs and assigns, his and their tenants and under 
 tenants, occupiers or possessors, of the said C. D.'s messuage and 
 ground, contiguous to the said alley or passage, at all times and 
 seasons, forever hereafter, info, along, upon, and out of the said 
 alley, in common with him, the said A. B., his heirs and assigns, 
 tenants or occupiers of the said A. B.'s messuage and ground, ad- 
 jacent to the said alley : to have and to hold all and singular the 
 privileges aforesaid to him, the said C. D., his heirs and assigns, 
 to the only 'proper use and behoof of him, the said C. D., his heirs 
 and assigns forever, in common with him, the said A. B., his heirs 
 and assigns, as aforesaid ; subject nevertheless to the moiety or 
 equal half part of all necessary charges and expenses which shall 
 from time to time accrue, in paving, amending, repairing and 
 cleansing the said alley. In witness whereof, &c. 
 
 ft. Gift of Lands, by Deed. 
 
 This indenture, made, &c., between E. F., of , of tTie one 
 
 part, and G. H., son of the said E. F., of the other part: Witnesseth,
 
 DEEDS. 167 
 
 that the said E. F., as well for and in consideration of the natural 
 love and affection which he, the said E. F., hath and beareth unto 
 the said G. H., as also for the better maintenance, support, and 
 livelihood of him, the said G. H., hath given, granted, aliened, 
 enfeoffed, and confirmed, and by these presents doth give, grant, 
 alien, enfeoff, and confirm unto the said G. H., his heirs and 
 assigns, all that messuage, &c , together with all and singular the 
 hereditaments and appurtenances thereunto belonging, or in any- 
 wise appertaining ; and the reversion and reversions, remainder 
 and remainders, rents, issues, and profits thereof, and all the estate, 
 right, title, interest, property, claim, and demand whatsoever, of 
 him, the said E. F., of, in, and to the said messuage, tenements, 
 and premises, and of, in, and to every part and parcel thereof, 
 with their and every of their appurtenances : to have and to hold 
 the said messuage, tenements, hereditaments, and all and singular 
 the premises hereby granted and confirmed, or mentioned, or in- 
 tended so to be, with their and every of their appurtenances, unto 
 the said G. H., his heirs and assigns, to the only proper use and 
 behoof of him, the said G. H., his heirs and assigns forever. And 
 the said E. F., for himself, his heirs, executors and administrators, 
 doth covenant, grant, and agree, to and with the said G. H., his 
 heirs and assigns, by these presents, that he, the said G. H., his 
 heirs and assigns, shall, and lawfully may, from time to time, and 
 at all times hereafter, peaceably and quietly have, hold, use, oc- 
 cupy, possess, and enjoy the said messuage, farm, lands; tene- 
 ments, hereditaments, and premises hereby granted and confirmed, 
 or mentioned, or intended to be hereby granted and confirmed, 
 with their and every of their appurtenances, free, clear, and fully 
 discharged, or well and sufficiently saved, kept harmless, and 
 indemnified of, from, and against all former and other gifts, grants, 
 bargains, sales, jointures, feoffrnents, dowers, and estates, and of, 
 from, and against all former and other titles, troubles, charges, 
 and incumbrances whatsoever, had, done, or suffered, or to be 
 had, made, done, or suffered by him the said E. F., his heirs or 
 assigns, or any other person or persons, lawfully claiming, or to 
 claim, by, from, or under him, them, or any of them. In witness, 
 &c. 
 
 Deed of Partition. 
 
 This indenture, made, &c. [Here insert the parties.] Whereas 
 the said A. B. and C. D. now stand seised in fee simple, as tenants 
 in common, of and in a certain tract or parcel of land, situated in 
 Moyamensing township aforesaid, adjoining lands of L. M., N. 
 0., P. Q , containing one hundred acres, with the appurtenances. 
 Now this indenture witnesseth, that the parties to these presents 
 have agreed to make, and by these presents do make, a full, just, 
 and equal partition and division between them, of and in the
 
 168 DEEDS. 
 
 aforesaid tract of land, according to their respective shares and 
 interests therein, in manner following, that is to say : that the said 
 A. B. and his heirs, shall have all that piece or allotment of land, 
 part of the said tract, beginning, &c., containing, &c. 
 
 Together with the messuages, edifices, buildings, and improve- 
 ments, on the said described piece of land, and all the ways, 
 woods, waters, water-courses, rights, liberties, privileges, heredita- 
 ments, and appurtenances whatsoever thereunto belonging, or in 
 anywise appertaining, and the reversions and remainders, rents, 
 issues and profits thereof. To hold and enjoy the same unto the 
 said A. B., his heirs and assigns forever, in severally, as his and 
 their full part, share, and dividend, of and in all and singular the 
 premises : And the said C.' D. doth, by these presents, for him and 
 his heirs, give, grant, allot, assign, set over, release and confirm, 
 unto the said A. B. and to his heirs and assigns forever, the said 
 described piece or allotment of land, with the appurtenances, to 
 have and to hold to him, the said A. B., his heirs and assigns, to 
 the only proper use and behoof of him, the said A. B., his heirs 
 and assigns forever, in severally. 
 
 And the said C. D. and his heirs shall have all that piece or 
 allotment of land, (residue of the said tract,) beginning, &c., con- 
 taining, &c., together with the messuages, edifices, buildings, and 
 improvemenls, on the said described piece of land, and all the 
 ways, woods, waters, water-courses, rights, liberties, privileges, 
 hereditaments and appurtenances whatsoever thereunto belong- 
 ing, or in anywise appertaining, and the reversions and remain- 
 ders, rents, issues and profits thereof. To hold and enjoy the 
 same unto the said A. B., his heirs and assigns forever, in seve- 
 rally, as his and their full part, share and dividend, of and in all 
 and singular the premises, and the said C. D. doth, by these pre- 
 sents, for him and his heirs, give, grant, allot, assign, set over,' 
 release and confirm, unto the said A. B. and to his heirs and 
 assigns forever, the said described piece or allotment of land, with 
 the appurtenances, to have and to hold to him, the said A. B., his 
 heirs and assigns, to the only proper use and behoof of him, the 
 said A. B , his heirs and assigns forever, in severally. 
 
 And the said C. D. for himself, his heirs, executors and adminis- 
 trators, doth covenant, promise and grant, to and with Ihe said A. 
 B., his heirs and assigns, and every of them, by these presents, 
 that he, the said A. B., his heirs and assigns, shall or lawfully may 
 from time to time, and at all times hereafter, forever, freely, peace- 
 ably and quietly, have, hold, occupy, possess and enjoy Ihe said 
 lasl-described piece or allolmenl of land, conlaining, &c., wilh the 
 appurtenances, and receive and take the rents, issues and profits 
 thereof, without the let, suit, trouble, molestalion, inlerruplion, or 
 denial of him, the said A. B., his heirs or assigns, or of any other 
 person or persons whatsoever, lawfully claiming, or to claim, by, 
 from or under him, them or any of them, or by or with his, their,
 
 DEEDS. 169 
 
 or any or either of their acts, means, consent, privity or procure- 
 ment. [Here insert the same covenant as the last, from A. B. to 
 C. D.] 
 
 In witness whereof, the said parties have hereunto set their 
 hands and seals, dated the day and year above written. 
 
 {7 There must be two of these indentures drawn alike, and 
 each of the parties must sign both. 
 
 Deed of Rent-Charge. 
 
 This indenture, made the first day of May, in the year of our 
 Lord one thousand eight hundred and thirty-seven, between C. 
 B. of, &c., of the one part, and A. B., of the same place, yeoman, 
 father of the said C. B., of the other part : Witnesseth, that the 
 said C. B., for divers good causes and considerations, and espe- 
 cially for and in consideration of the sum of one dollar, to him 
 in hand paid, by the said A. B., at and before the ensealing 
 and delivering hereof, the receipt whereof he doth hereby ac- 
 knowledge, hath given, granted and confirmed, and by these 
 presents doth give, grant and confirm, unto the said A. B., his 
 executors, administrators and assigns, one annuity or yearly rent- 
 charge, of two hundred dollars, lawful money of the United 
 States, to be received, taken, had and issuing out of all that mes- 
 suage, &c. [here describe the premises,] which the said A. B. and 
 M., his wife, by deed, under their hands and seals, bearing date, 
 c., granted unto the said C. B. in fee, with all and singular the 
 hereditaments and appurtenances thereunto belonging, and every 
 part and parcel thereof. 
 
 To have and to hold the said annuity, or yearly rent-charge of 
 two hundred dollars, unto the said A. B., his executors, adminis- 
 trators and assigns, for, and during the natural life of the said A. 
 B. and M. his wife, the father and mother of the said C. B. and 
 the life of the survivor of them; payable, and to be paid, in and 
 upon the first day of January, first day of April, first day of July, 
 and first day of October, in each and every year, by even and 
 equal portions : And, if it shall happen, that the said annuity or 
 yearly rent-charge of two hundred dollars, or any part thereof, 
 shall be behind, and unpaid, in part or in the whole, by the space 
 of thirty days, next after either of the days or times of payment, 
 whereon the same should, or of right ought to, be paid as afore- 
 said, then, and so often, and at all times thereafter, it shall and 
 may be lawful to and for the said A. B., his executors, administra- 
 tors and assigns, into the above premises, or into any part thereof, 
 to enter and distrain, for the said annuity, or yearly rent-charge, 
 and the distress and distresses, then and there found and taken, to 
 take, lead, drive, carry away and impound, and the same so im-
 
 170 DEEDS. 
 
 pounded, to detain and keep, at the proper risk and charges of 
 the said C. B., his heirs and assigns, for the space of five days. 
 
 And if within the same space of five days, payment and satis- 
 faction of the said annuity, or yearly rent-charge, be not made, 
 then, and at any time thereafter, the same distress affcl distresses 
 to expose and sell, by public auction or vendue, for the best price 
 that may be gotten, and after the said annuity or yearly rent- 
 charge, and the arrearages thereof, be fully paid and satisfied, 
 together with the costs and charges thereabout, the overplus, if 
 any there be, to return to the said C. B., his executors, administra- 
 tors and assigns : And the said C. B., for himself, his heirs, execu- 
 tors and administrators, doth covenant, promise, grant and agree, 
 to and with the said A. B., his heirs, executors, administrators and 
 assigns, by these presents, that the said C. B., his heirs and assigns, 
 shall arid will well and truly pay, or cause to be paid, unto the 
 said A. B., his executors, administrators and assigns, the said an- 
 nuity, or yearly rent-charge, of two hundred dollars, above-men- 
 tioned, in and upon the several days and times above-men- 
 tioned, in manner and form above expressed, according to the 
 true intent and meaning of these presents. 
 
 Provided always, nevertheless, that if the said C. B., his heirs 
 or assigns, shall and do allow the said A. B. and M. his wife, and 
 the survivor of them, the sole use of the room [or house] which 
 they now occupy, on the premises, with the necessary privileges 
 in the kitchen and cellar, and shall and do deliver, or cause to be 
 delivered, unto the said A. B. yearly, and every year, during the 
 joint lives of the said A. B. and M. his wife, the following arti- 
 cles, in good order, and at proper seasons, to wit : [Here mention 
 the articles.] And, in case of the death of either of them, shall 
 and do deliver unto the survivor of them, one-half of the articles 
 aforesaid, and shall and do provide and keep for them, and the 
 survivor of them, a good riding horse and milk cow, to be changed 
 as often as need be, and feed and pasture the same, in like man- 
 ner with his, or their own, then and in such case, he, the said C. 
 B., his heirs, executors, administrators and assigns, shall pay, or 
 cause to be paid, unto the said A. B., his executors, administra- 
 tors and assigns, the sum of ten cents only, (if demanded,) in and 
 upon each of the days and times aforesaid ; while the provisions 
 and accommodations aforesaid, are duly found, given and deliver- 
 ed, according to the true intent and meaning of these presents, in 
 lieu and instead of the full quarterly payment of fifty dollars, 
 which shall then be due. In witness whereof, &c. 
 
 Deed of Release. 
 
 To all people to whom these presents shall come : A. B., C. D., 
 E. F., and G. his wife, of, &c., send greeting : [Here insert the 
 recitals.]
 
 DEEDS. 171 
 
 Now know ye, that the said A. B., C. D., E. F. and G. his wife, 
 for and in consideration of the sum of five hundred dollars, to 
 them in hand paid by the said I. S., at and before the ensealing 
 and delivering hereof, the receipt whereof they do hereby acknow- 
 ledge, and thereof acquit and forever discharge the said I. S., his 
 heirs, executors and administrators, by these presents have, and 
 each and every of them hath, remised, released and for ever quit 
 claim, and by these presents do, and each and every of them doth, 
 remise, release and for ever quit claim unto the said I. S., and to 
 his heirs and assigns, all the estate, and estates, shares, purparts 
 and dividends, right, title, interest, property, claim, and demand 
 whatsoever, of them, the said A. B., C. D., &c., in law or equity, 
 or otherwise howsoever, of, in, to, or out of, all that messuage 
 or tenement, plantation and tract of land, situate, lying and being 
 in the township of Oley aforesaid, (in the "actual possession and 
 seisin of the said I. S. now being) bounded and limited as fol- 
 lows, viz. Beginning, &c. 
 
 Together with all and singular other the -buildings, improve- 
 ments, rights, members, and appurtenances whatsoever, thereunto 
 belonging, or in anywise appertaining, and the reversions and 
 remainders, rents, issues and profits thereof: To have and to hold 
 all and singular the premises hereby remised and released, or men- 
 tioned or intended so to be, with the appurtenances, unto the said 
 I. S., his heirs and assigns, to the only proper use and behoof of 
 the said I. S., his heirs and assigns, forever : 
 
 So that neither the said A. B., C. D., E. F. and G. his wife, nor 
 their heirs, nor any other person or persons whosoever, lawfully 
 claiming, or to claim, by, from or under them, or any of them, 
 shrill or may, at any time or times hereafter, have, claim, challenge 
 or demand any estate, right, title or interest, of, in, to or out of the 
 said messuage, &c., hereditaments and premises, hereby remised 
 and released, or mentioned or intended so to be, with the appur- 
 tenances, or any part or parcel thereof; but thereof and therefrom 
 shall and will be utterly excluded, and forever debarred, by these 
 presents. In witness, &c. 
 
 Deed of Exchange of Lands. 
 
 This indenture, made the day of , between John 
 
 Smith, of , of the one part, and James Black, of , of the 
 
 other part: Witnesseth, that the said John Smith hath given and 
 granted, and by these presents, doth give and grant, unto the said 
 James Black, one field or close of freehold land called or known 
 by the name of , &c., with all and every of their appurte- 
 nances, situated, lying and being in , in the county of , 
 
 &c. [describe the premises'], for and in exchange of, and for all the 
 lands, tenements and hereditaments of the said James Black, called 

 
 172 DEEDS. 
 
 or known by the name of in aforesaid, in the said 
 
 county of , bounded and described as follows, [describe the 
 
 premises']. To have and to hold the said field or close, with the 
 appurtenances, to the said James Black, his heirs and assigns for- 
 ever, for and in exchange of and for the said lands, tenements and 
 
 hereditaments, called with the appurtenances : And the said 
 
 John Smith doth covenant, &c. [add such covenants as may be 
 agreed upon]. . 
 
 And the said James Black hath likewise on his part given and 
 granted, and by these presents doth fully, freely and absolutely, 
 give and grant unto the said John Smith, his heirs and assigns, 
 ail those lands, tenements and hereditaments, aforesaid, with the 
 
 appurtenances, called or known by the name of , situate, 
 
 lying, and being in aforesaid, in the said county of . To 
 
 have and to hold th'e said lands, tenements and hereditaments, 
 &c., to the said John Smith, his heirs and assigns, forever, for and 
 
 in exchange of and for the said field or close of land , &c. 
 
 Provided always, nevertheless, and these are upon this condition, 
 and it is the true intent and meaning of the parties hereunto, that 
 if it shall happen that either of the said parties to these presents, 
 their executors, administrators or assigns, shall at any time here- 
 after during the said respective terms above granted, by colour or 
 means of any former or other gift, grant, bargain or sale, or other- 
 wise howsoever, be ousted or evicted of and from; the possession 
 of either of the said messuages or tenements, and other the pre- 
 mises, so respectively granted in exchange, as aforesaid, or any 
 part thereof, then and in such cases, these presents, and every 
 matter and thing therein contained, shall be utterly void and of 
 none effect, and then and thenceforth it shall, and may be lawful 
 to and for the party or parties so ousted or evicted, into his or 
 their said former messuage or tenement and premises, with all and 
 singular the appurtenances to re-enter, and the same to have 
 again, repossess, and enjoy, as of his and their former estate or 
 estates : any thing herein contained to the contrary thereto in any 
 wise notwithstanding. In witness, &c. 
 
 Deed of Confirmation. 
 
 Know all men by these presents, that I, John Jones, of Car- 
 lisle, in Cumberland county and state of Pennsylvania, in consi- 
 deration of the sum of one hundred dollars, to me in hand paid 
 by William Burns, the receipt whereof is hereby acknowledged, 
 have granted, bargained, sold, ratified and confirmed, and by 
 these presents do grant, bargain, sell, ratify and confirm, unto the 
 said William Burns, his heirs and assigns forever, all the estate 
 which I have in the messuage with the appurtenances in New- 
 ville, in the county aforesaid, now in the possession and occupa- 
 tion of the said William Burns : To have and to Iiold the same
 
 DEEDS. 173 
 
 unto him, the said William Burns, and his heirs and assigns for- 
 ever. In witness whereof, &c. 
 
 Covenant of Warranty. 
 
 And the said John Jones, for himself, his heirs, executors and 
 administrators, doth hereby covenant, promise, grant and agree, 
 to and with the said William Burns, his heirs and assigns, by 
 these presents, that he, the said John Jones and his heirs, the said 
 above-mentioned and described messuage and tract of land, here- 
 ditaments and appurtenances, hereby granted or mentioned, or 
 intended so to be, unto the said William Burjis, his heirs and as- 
 signs, against him, the said John Jones, and his heirs, and against 
 all and every other person and persons whomsoever, lawfully 
 claiming or to claim the same or any part thereof, [*by, from or 
 under him, them or any of them,] shall and will warrant and for- 
 ever defend by these presents. 
 
 Covenant for Quiet Enjoyment. 
 
 And the said Thomas Martin, for himself, his heirs, executors 
 and administrators, doth covenant, promise, grant and agree, to 
 and with the said John Brady, his heirs and assigns, by these pre- 
 sents, that he, the said John Brady, his heirs and assigns, shall 
 and lawfully may, from time to time, and at all times hereafter, 
 peaceably and quietly have, hold, use, occupy, possess and enjoy 
 the said messuage or tenement, &c., hereditaments and premises, 
 hereby granted or mentioned, or intended so to be, with the ap- 
 purtenances, without the lawful let, suit, hindrance or molestation 
 of the said Thomas Martin, his heirs or assigns, or of any other 
 person or persons whatsoever, by or with his, their or either of 
 their act, means, consent, privity or procurement. 
 
 Covenant for further Assurance. 
 
 And further, that he, the said Thomas Martin, and his heirs, 
 and all and every other person or persons lawfully claiming, or 
 to claim, by, from or under him, them, or any of them, shall and 
 will from time to time, and at all times hereafter, upon the reason- 
 able request, and at the proper cost and charges in the law of the 
 said John Brady, his heirs and assigns, make, do and execute, or 
 cause to be made, done and executed, all and every such further 
 and other lawful reasonable act or acts, deed or deeds, device and 
 devices in the law, whatsoever, for the further, better, more perfect 
 
 * This, without the words in brackets, is a general warranty, that is to say, a 
 warranty against all the world ; but with the words in brackets, it is a special 
 warranty, that is to say, a warranty against the grantor and his heirs only. 
 
 T,*
 
 174 DEEDS. 
 
 and absolute assurance and confirmation of the said messuage or 
 tenement, &c., hereditaments and premises hereby granted or men- 
 tioned, or intended so to be, with the appurtenances, .unto the 
 said John Brady, his heirs and assigns, as by him or them, or by 
 his or their counsel learned in the law, shall be reasonably ad- 
 vised, devised, or required. 
 
 Covenant against Incumbrances. 
 
 And the said John Jones, for himself, his heirs, executors and 
 administrators, doth covenant, promise, grant and agree, to and 
 with the said William Burns, his heirs and assigns, by these pre- 
 sents, that he, the said John Jones, hath not heretofore done, com- 
 mitted, or wittingly or willingly suffered to be done or committed, 
 any act, matter or thing whatsoever, whereby the premises hereby 
 granted, or any part thereof, is, are or shall or may be impeached, 
 charged or incumbered, in title, charge, estate or otherwise how- 
 soever. 
 
 Joint Covenant of two or more, to one Person. 
 
 And the said A. B., C. D. and E. F., for themselves, their heirs, 
 executors and administrators, and for every of them, do covenant, 
 promise, grant and agree, c. 
 
 Joint and Several Covenant of two or more, to one Person. 
 
 And the said A. B., C. D. and E. F., for themselves, their heirs, 
 executors and administrators, and for every of them, do jointly and 
 severally covenant, promise, grant and agree, &c. 
 
 t# Several Covenant of two or more. 
 
 And the said A. B., C. D. and E. F., for themselves severally and 
 respectively, and for their several and respective heirs, executors 
 and administrators, and not jointly, or the one for the other, or 
 others of them, or for the heirs, executors or administrators, acts or 
 deeds of the others of them, but each and every of them for him- 
 self only, and for his heirs, executors and administrators, acts 
 and deeds only, do covenant, promise, grant and agree, &c.
 
 DEPOSITION. 175 
 
 DEPOSITION. 
 Remarks. 
 
 Deposition is the testimony of a witness reduced to writing in 
 due form of law, taken by virtue of a commission or other author- 
 ity, of a competent tribunal. It should be written by the officer, 
 before whom the deposition is taken, or by the witness himself, 
 but never in the hand-writing of the attorneys concerned in the 
 cause, or the parties, or their agents. The hours, between which 
 the depositions are to be taken, are generally named, and they 
 cannot legally be taken at any other time, unless it should be by 
 consent; all of which should appear. The rules of court of the 
 several judicial districts of this Commonwealth, regulate the modes 
 and time of service, in taking depositions. 
 
 By an Act of Assembly of the 26th February, 1831, Pamph. 
 L. p. 1292, in all cases where a deposition is to be taken upon a 
 commission, or on a rule of court, or from a justice of the peace, 
 the individual authorized to take the deposition may issue a sub- 
 poena for any witness named, and compel his attendance by 
 attachment, or commit him to prison if he refuses to testify. Rules 
 of court generally provide, that either party may at any time 
 enter a rule to take the depositions of witnesses, upon reasonable 
 notice 'to the opposite party. Where a witness resides beyond 
 the limits of the state, a commission may be issued upon inter- 
 rogatories filed, for which see title Commission. 
 
 Caption of Deposition under a Rule of Court. 
 
 Deposition of witnesses produced, sworn and examined by me, 
 
 the day of , A. D. , at my office, at , between 
 
 the hours of A. M., and P. M., by virtue of the an- 
 nexed rule of court of , for the examination of witnesses in 
 
 a certain cause then depending, wherein A. B. is plaintiff, and C. 
 D. is defendant. 
 
 E. F., aged years or thereabouts, of , being pro- 
 duced, sworn and examined, on the part of the , deposeth as 
 
 follows, &c. 
 
 
 Jl Deposition in the hand-writing of the Witness. 
 
 Deposition of A. B., a citizen of the state of , residing in 
 
 the of , aged , reduced to writing by himself to 
 
 serve as evidence in the case of C. D. vs. E. F., in the Circuit 
 Court of the United States, for . 
 
 I, the said A. B., being duly sworn according to law, do depose 
 and say as follows, &c.
 
 176 DEPUTATION. DISCHARGE. 
 
 DEPUTATION. 
 
 Deputation to a Deputy Register. 
 
 To all people to whom these presents shall come I, Regis- 
 ter for the Probate of Wills and granting Letters of Administra-' 
 tion in and for the county of , and commonwealth of Penn- 
 sylvania, send greeting : 
 
 Know you that, reposing especial trust and confidence in the 
 
 prudence, integrity and abilities of , I have appointed and 
 
 deputed, and do hereby appoint and depute him, the said , to 
 
 be Deputy Register for the said county, with power to officiate in 
 the Register's office of the said county, in my absence, and take 
 Probate of Wills, grant Letters of Administration, and to do 
 whatsoever else by the laws of the state appertains to my said 
 office. Hereby ratifying, allowing and holding for firm all and 
 whatsoever my said deputy may lawfully do in the premises by 
 virtue of this deputation. 
 
 In testimony whereof, I have hereunto set my hand and affixed 
 the seal of said office, the day of , A. D. . 
 
 DISCHARGE. 
 
 Remarks. 
 
 A discharge is the act by which a person in confinement under 
 some legal process, or held on accusation of some crime or mis- 
 demeanour, is set at liberty. The writing containing the order for 
 his being so set at liberty, is also called a discharge. 
 
 Discharge of Insolvent Debtor from Arrest. 
 
 A. B.^ 
 
 vs. > 
 C. D.^ 
 
 Discharge C. D., the defendant above-named, he having given 
 bond to the said plaintiff, with surety approved by me, the sub- 
 scriber, President Judge of the Court of Common Pleas of the 
 county of , agreeably to the provisions of an Act of Assem- 
 bly, passed on the day of , A. D. , on paying jail 
 
 fees, if any be due. 
 
 Witness my hand, this day of , A. D. . 
 
 [ This may be endorsed on the execution.']
 
 INTEREST. 177 
 
 Discharge of Prisoner charged with a Criminal Offence. 
 
 Discharge out of your custody the body of A. B., if detained 
 for no Other cause than that mentioned in my warrant of the 
 day of last past. I having taken sureties for his ap- 
 pearance at the next Court of General Quarter Sessions of the 
 peace, to be held at the county aforesaid, to answer the complaint 
 therein mentioned. And for your so doing, this shall be your 
 sufficient warrant. 
 
 Given under my hand and seal, the day of , A. D. . 
 
 INTEREST. 
 
 Remarks. 
 
 Interest in Pennsylvania is six per cent. 
 
 Interest is to be determined by the law of the place at which 
 the contract is to be executed ; and where no rate is stipulated, 
 the parties are presumed to have contracted in reference to the law 
 of the place of performance, whether it be statutory or custom- 
 ary. Archer vs. Dunn, 2 W. & S. 364-5. Where the contract 
 is made in another state, the interest allowed in that state may be 
 given. Jeffray vs. Dennis, 2 W. C. C. R. 253. 
 
 So where a note was given in China, payable eighteen months 
 after date, without any stipulation respecting interest, the court 
 allowed the Chinese interest of one per cent, per month, from 
 the expiration of the eighteen months. Cowqua vs. Lauderbrun, 
 1 W. C. C. R. 521. 
 
 If any person in this state shall receive or take more than legal 
 interest, he shall forfeit the money and other things lent ; one-half 
 thereof to the governor for the support of government, and the 
 other half to the person who shall sue for the same. See Act of 
 2d March, 1723; 1 Smith, p. 156. 
 
 Every payment made on any obligation drawing interest, is 
 construed to be a payment on the interest, and the balance on the 
 principal. Compute, for instance, the interest on the principal up 
 to the time of the first payment. If the said first payment is 
 more than the interest due at the time of payment, add the interest 
 with the principal, and deduct the amount of said payment. Then 
 cast the interest upon the balance to the second payment, add and 
 deduct in the same way as before, and so on through all the pay- 
 ments. 
 
 If, however, the payment or payments be less than the interest 
 due at the time of payment, the above rule will not apply, but 
 the payment will be applied on the interest ; and the amount of 
 interest still remaining due cannot be added to the principal, to 
 
 Jfc
 
 178 INTEREST. 
 
 increase the amount upon which interest is to accrue. In short, 
 if interest is not collected, the one to whom it is due cannot get 
 interest on it, as that would be construed to be compound interest. 
 
 The following mode of calculating interest is correct, when the 
 payment is more than the amount of interest accrued at the time 
 of such payment. A bond was given by A. B. to C. D. for 
 $1000, dated 1st of January, 1840, and payable in five equal 
 annual instalments, payable on the 1st of January, in each and 
 every year, with interest on the whole sum from date of bond. 
 
 On the same is endorsed as follows : 1st January, 1841, is paid 
 $260; 1st January, 1842, $248; 1st January, 1843, $236; 1st 
 January, 1844, $224 ; and on the 1st of January, 1845, $212. 
 
 Original sum on the bond - - $1000 00 
 
 Interest from 1st January, 1840, till the 1st of Janu- 
 ary 1841, on $1000, when the first payment 
 was made - - - - 60 00 
 
 1060 00 
 Deduct the payment made 1st January, 1841, of 260 00 
 
 Leaving due after first payment 800 00 
 
 Interest on $800 from the 1st of January, 1841, till 
 the 1st of January, 1842. It being one 
 year - - 48 00 
 
 848 00 
 Deduct payment of 1st January, 1842, of - 248 00 
 
 Remaining due after second payment 600 00 
 
 Interest on $600 from 1st January, 1842, till 1st 
 
 January, 1843. It being one year - - 36 00 
 
 636 00 
 
 OJD UU 
 
 Deduct payment of 1st January, 1843, of - 23600 
 
 400 00 
 
 Remaining due after third payment - 
 
 Interest on $400 from the 1st of January, 1843, till 
 
 the 1st of January, 1844. It being one year - 24 00 
 
 424 00 
 224 00 
 
 Remaining due after fourth payment 200 00 
 
 Interest on $200 from 1st January, 1844, till 1st 
 
 January, 1845. It being one year - - 12 00 
 
 212 00 
 Deduct payment of 1st January, 1845, of - 21200 
 
 -
 
 INTEREST. 179 
 
 The following is a calculation of interest where several of the 
 payments made, did not amount to as much as the interest due at 
 the time those payments were made. A bond was given by A. 
 B. to C. D. for $1000, dated 1st 'January, 1840, and payable in 
 five equal annual instalments, payable on the 1st of January, in 
 each and every year, with interest on the whole sum from date of 
 bond. On the same is endorsed as follows : 1st January, 1841 , paid 
 $30; 1st January, 1842, $40; 1st January, 1843, $50; and on 
 the 1st January, 1844, $260. See how much remains due 1st 
 January, 1845. * 
 
 Original bond for - - $1000 00 
 
 Paid 1st January, 1841, $30 
 1842, 40 
 
 1843, 50 
 
 Three payments added 120 
 
 Interest on $1000 from 1st January, 1840, till the 
 
 1st of January, 1844, when $260 was paid. 
 
 It being 4 years - - 240 00 
 
 1240 00 
 Deduct the three payments added above, and 
 
 amounting to - 120 00 
 
 1120 00 
 
 " ^ 260 00 
 
 860 00 
 Interest on $860 from 1st January, 1844, till 1st 
 
 January, 1845. It being one year - - 51 60 
 
 Remaining due 1st January, 1845, - - $911 60
 
 180 
 
 INTEREST. 
 
 AN INTEREST TABLE, 
 
 Showing the interest on sums from $10 to 5,000 for 15 days, 
 
 for 
 
 1 month, and for 1 year, at six per 
 
 cent. 
 
 
 
 cts. 
 
 
 cts. 
 
 
 
 cts. 
 
 $ 10 15d. 
 
 23 
 
 $ 10 1m. 
 
 5 
 
 $ 10 ly. 
 
 60 
 
 20 
 
 5 
 
 20 
 
 10 
 
 20 
 
 u 
 
 1 20 
 
 30 
 
 7i 
 
 30 
 
 1* 
 
 30 
 
 u 
 
 1 80 
 
 40 
 
 10 
 
 40 " 
 
 20 
 
 40 
 
 u 
 
 2 40 
 
 50 
 
 \2h 
 
 50 
 
 25 
 
 50 
 
 it 
 
 3 00 
 
 60 
 
 15 
 
 60 
 
 30 
 
 60 
 
 u 
 
 3 60 
 
 70 
 
 i?i 
 
 70 
 
 35 
 
 70 
 
 u 
 
 4 20 
 
 80 
 
 20 
 
 80 
 
 40 
 
 80 
 
 ce 
 
 4 80 
 
 90 
 
 22 
 
 90 
 
 45 
 
 90 
 
 u 
 
 5 40 
 
 100 
 
 25 
 
 100 
 
 50 
 
 100 
 
 (( 
 
 6 00 
 
 200 
 
 50 
 
 200 
 
 1 00 
 
 200 
 
 tf 
 
 12 00 
 
 300 
 
 75 
 
 300 
 
 1 50 
 
 300 
 
 U 
 
 18 00 
 
 400 
 
 $ I 00 
 
 400 
 
 2 00 
 
 400 
 
 (( 
 
 24 00 
 
 500 
 
 1 25 
 
 500 
 
 2 50 
 
 500 
 
 (( 
 
 30 00 
 
 1000 
 
 2 50 
 
 1000 
 
 5 00 
 
 1000 
 
 (( 
 
 60 00 
 
 2000 
 
 5 00 
 
 2000 
 
 10 00 
 
 2000 
 
 u 
 
 120 00 
 
 3000 
 
 7 50 
 
 3000 
 
 15 00 
 
 3000 
 
 ft 
 
 180 00 
 
 4000 " 
 
 10 00 
 
 4000 
 
 20 00 
 
 4000 
 
 u 
 
 240 00 
 
 5000 
 
 12 50 
 
 5000 
 
 25 00 
 
 5000 
 
 u 
 
 300 00 
 
 
 INTEREST 
 
 PER DAY. 
 
 
 
 $ 100 1 
 
 day If cents. 
 
 $ 2000 1 day 
 
 334 
 
 cents. 
 
 200 
 
 " 34 
 
 3000 
 
 50 
 
 a 
 
 300 
 
 5 " 
 
 4000 
 
 66| 
 
 ft 
 
 400 
 
 62 
 
 o 
 
 5000 " 
 
 834 
 
 (i 
 
 500 
 
 8* " 
 
 6000 $ 
 
 1 00 
 
 (( 
 
 600 
 
 10 
 
 7000 
 
 1 16 
 
 u 
 
 700 
 
 11 
 
 8000 
 
 1 334 
 
 a 
 
 800 
 
 134 " 
 
 9000 
 
 1 50 
 
 a 
 
 900 
 
 15 
 
 10,000 
 
 1 66 
 
 a 
 
 1000 
 
 16f 
 
 20,000 
 
 3 334 
 
 (C
 
 
 INVENTORY. 
 
 181 
 
 A TABLE, 
 
 Showing the number of days from any day in the month to 
 
 the same day in any other month throughout the year. 
 
 
 - 
 
 
 
 
 
 
 
 
 u 
 B 
 
 
 
 
 <L> 
 
 
 ^^ 
 
 c* 
 
 
 
 
 
 
 _ 
 
 
 
 _ 
 
 x> 
 
 
 
 c 
 
 a 
 
 ~ 
 
 a 
 
 o 
 
 j 
 
 
 , 
 
 
 CO 
 
 S 
 
 (9 
 ,0 
 
 S 
 S 
 
 1 
 
 
 5 
 
 "- 
 
 V 
 
 c3 
 S 
 
 'C 
 
 a 
 
 a 
 
 13 
 
 60 
 
 3 
 
 a. 
 
 1 
 
 O 
 
 o 
 
 
 
 > 
 
 o 
 fc 
 
 
 
 fl 
 
 January, 
 
 365 
 
 31 
 
 59 
 
 90 
 
 120 
 
 151 
 
 181 
 
 212 
 
 243 
 
 273 
 
 304 
 
 334 
 
 February, 
 
 334 
 
 365 
 
 28 
 
 59 
 
 89 
 
 120 
 
 150 
 
 181 
 
 212 
 
 242 
 
 273 
 
 303 
 
 March, 
 
 306 
 
 337 
 
 365 
 
 31 
 
 61 
 
 92 
 
 122 
 
 153 
 
 184 
 
 214 
 
 245 
 
 275 
 
 April, 
 
 275 
 
 306 
 
 334 
 
 365 
 
 30 
 
 61 
 
 91 
 
 122 
 
 153 
 
 183 
 
 214 
 
 244 
 
 May, 
 
 245 
 
 376 
 
 304 
 
 335 
 
 365 
 
 31 
 
 61 
 
 92 
 
 123 
 
 153 
 
 184 
 
 218 
 
 June, 
 
 214 
 
 245 
 
 273 
 
 304 
 
 334 
 
 365 
 
 30 
 
 61 
 
 91 
 
 122 
 
 153 
 
 183 
 
 July, 
 
 184 
 
 215 
 
 243 
 
 274 
 
 304 
 
 335 
 
 365 
 
 31 
 
 62 
 
 92 
 
 123 
 
 153 
 
 August, 
 
 153 
 
 184 
 
 212 
 
 243 
 
 273 
 
 304 
 
 334 
 
 363 
 
 31 
 
 61 
 
 92 
 
 122 
 
 September, 
 
 122 
 
 153 
 
 181 
 
 212 
 
 242 
 
 273 
 
 303 
 
 334 
 
 365 
 
 30 
 
 61 
 
 91 
 
 October, 
 
 92 
 
 123 
 
 151 
 
 182 
 
 212 
 
 243 
 
 273 
 
 304 
 
 335 
 
 365 
 
 31 
 
 61 
 
 November, 
 
 61 
 
 92 
 
 120 
 
 151 
 
 181 
 
 212 
 
 243 
 
 273 
 
 304 
 
 334 
 
 365 
 
 30 
 
 December, 
 
 31 
 
 61 
 
 90 
 
 121 
 
 151 
 
 182 
 
 212 
 
 243 
 
 274 
 
 304 
 
 335 
 
 365 
 
 EXPLANATION. How many days are there from the 10th of 
 January to the 10th of June ? 
 
 Look for January in the column at the left hand, then seek for 
 June along the line to the right, and you will find the number of 
 days to be 151. 
 
 Inventory. 
 
 A true and perfect inventory, and just appraisement, of all and 
 singular, the goods and chattels, rights and credits, which were of 
 William Dickenson, late of the township of Springfield, in the 
 county of Erie, and Commonwealth of Pennsylvania, yeoman, 
 deceased, at the time of his death, to wit :
 
 182 
 
 INVENTORY- 
 
 
 Cash 
 
 Wearing apparel 
 
 Goods bequeathed to the widow, viz : 
 
 3 cows $40 00 
 1 bureau, dining table, 6 chairs and 3 
 
 portraits and frames - $125 00 
 
 4 beds and bedding 95 00 
 1 large Bible 10 00 
 
 1 two-horse wagon 
 
 1 Buggy do - 
 
 Plough and harrow 
 
 3 horses - - 
 
 12 cows - 
 
 Grain in the ground, about twenty-five acres 
 
 of wheat 
 
 Bonds and notes - 
 Book debts - 
 
 Dolls. 
 
 500 
 
 80 
 
 270 
 50 
 
 100 
 12 
 
 180 
 
 150 
 
 250 
 740 
 100 
 
 2432 
 
 cts. 
 00 
 
 oo 
 
 00 
 00 
 00 
 00 
 00 
 00 
 
 00 
 00 
 50 
 
 50 
 
 Taken and appraised by us, the first day of January, A. D. 
 one thousand eight hundred and forty-five. 
 
 JOHN DOE, 
 RICHARD ROE. 
 
 Erie County, ss. 
 
 On the first day of January, A. D. 1845, before me, the sub- 
 scriber, one of the Justices of the Peace, in and for the said 
 county, came the above-named John Doe and Richard Roe, who 
 being duly sworn [or affirmed, as the case may be] according to 
 law, do declare, that the above inventory contains a just and true 
 appraisement of the goods and chattels, rights and credits, which 
 were of the said William Dickenson deceased, so far as the same 
 came to their knowledge. JOHN DOE. 
 
 RICHARD ROE. 
 Sworn and subscribed before me 
 
 the day and year aforesaid, 
 
 JOHN NICHOLSON, Justice of the Peace. 
 
 Remarks. 
 
 In taking the inventory as aforesaid, it shall be the duty of the 
 executor or administrator, if the decedent shall have left a widow 
 or children, who were residing with him at the time of his de- 
 cease, and there is reason to believe the estate insufficient to pay 
 his debts, exclusive of such articles as may be by law exempted
 
 INVENTORY. 183 
 
 from levy or sale, upon an execution against a debtor, to keep 
 separate and distinct therein, an account of all such articles as are 
 exempted from levy or sale ; and the same shall not be sold, but 
 suffered to remain for the use of such widow and children, with- 
 out further account thereof. Act of 24th February, 1834, Pamph. 
 L. p. 70. The articles which are exempt in Pennsylvania from 
 execution, and which are mentioned as above stated, to remain 
 for the use of the widow and children, without further account 
 thereof, are as follows, to wit : Household utensils, not exceeding 
 in value thirty dollars. The necessary tools of a tradesman, not 
 exceeding in value thirty dollars. All wearing apparel of the 
 defendant and his family. Four beds, and the necessary bedding. 
 A spinning-wheel and reel. A stove, with the pipe of the same, 
 and necessary fuel for three months. One cow, two hogs, also 
 six sheep, with the wool thereof, or the yarn or cloth manufac- 
 tured therefrom, and feed sufficient for the said cow, hogs and 
 sheep, from the first day of November, until the last day of May. 
 Any quantity of meat not exceeding two hundred pounds, twenty 
 bushels of potatoes, ten bushels of grain, or the rneal made there- 
 from. Any quantity of flax not exceeding ten pounds, or the 
 thread or linen made therefrom. All Bibles and school books in 
 the use of the family. In the above inventory, should be included 
 all bonds, notes, and other evidences of debt, also all other claims 
 and demands for money, or any other personal property owned 
 or held by the decedent at the time of his decease shall, as far as 
 the same may be known to his executors or administrators, be in- 
 cluded in the inventory to be made and returned as aforesaid. If 
 personal property or assets of any kind, not contained in the 
 inventory made and returned as Aforesaid, shall afterwards come 
 to the possession or knowledge of the executor or administrator, 
 he shall take an inventory thereof, and return the same into the 
 office of the proper register, within four months from the time of 
 the discovery thereof. See Act of 24th Feb., 1834, Pamph. L. p. 
 70. Executors and administrators of every decedent shall imme- 
 diately after the granting of letters testamentary, or of adminis- 
 tration to them, cause notice thereof to be given in one news- 
 paper, published at, or near the place where such decedent 
 resided, once a week during at least six successive weeks, together 
 with their names and places of residence, and in every such 
 notice they shall request all persons having claims or demands 
 against the estate of the said decedent to make known the same 
 to them without delay. See Act of 24th February, 1834, Pamph. 
 L. p. 70. 
 
 The executors or administrators of a decedent (who resided in 
 Pennsylvania at the^ time of his decease,) must file an inventory 
 in the register's office of the county, within thirty days from the 
 time of administration granted, and also make a settlement thereof 
 in one year, or when legally required. 

 
 184 LANDLORD AND TENANT. 
 
 The appraisers of an estate cannot charge respectively to exceed 
 one dollar per day, for every day while diligently employed in 
 making the appraisal. When any executor or administrator shall 
 sell, at public auction or vendue, any of the personal estate of the 
 decedent, he shall, within thirty days thereafter, file in the office 
 of the register having jurisdiction, a just and true account of the 
 articles so sold, and the prices and purchasers thereof. See Act 
 of Assembly, 24th Feb., 1834. 
 
 AH debts owing by any person within this state, (Pennsylvania,) 
 at the time of his decease, shall be paid by his executors or ad- 
 ministrators, so far as they have assets, in the manner and order 
 following, viz : 1. Funeral expenses, medicine furnished and medi- 
 cal attendance given during the last illness of the decedent, and 
 servants' wages not exceeding one year. 2. Rents not exceeding 
 one year. 3. All other debts, without regard to the quality of 
 the same, except debts due to the commonwealth, which shall 
 be last paid. 
 
 No executors or administrators shall be compelled to pay any 
 debt of the decedent, except such as are by law preferred in the 
 order of payment to rents, until one year be fully elapsed from 
 the granting of the administration of the estate. Same Act of 
 Assembly. 
 
 For the mode of settling an account on final settlement, see Ad- 
 ministrators, Executors or Guardian's accounts as the case may be. 
 
 LANDLORD AND TENANT. 
 Remqrks. 
 
 A landlord is one who rents or leases real estate to another. 
 
 A tenant is one who holds or possesses lands or tenements by 
 any kind of title, either in fee, for life, for years, or at will. A 
 tenant for life is one to whom lands or tenements are granted, or 
 to which he derives by operation of law a title for the term of his 
 own life, or for that of any other person, or for more lives than 
 one. He is called tenant for life, except when he holds the 
 estate by the life of another, when" he is called tenant per autre 
 vie. 2 Bl. Com. 84. A tenant for years is one to whom another 
 has let lands, tenements and hereditaments, for a term of certain 
 years, or for a lesser definite period of time ; and the lessee enters 
 thereon. 2 Bl. Com. 140. 
 
 A tenant at will is when lands or tenements are let by one man 
 to another, to have and to hold to him at the will of the lessor, by 
 force of which the lessee is in possession. In this case the lessee 
 is called a tenant at will. Every lease at will must be at the will 
 of both parties. Co. Litt. 55 ; 2 Bl. Com. 145. 
 
 Tenants in common are such as hold by several and distinct 
 titles, but by unity of possession. 2 Bl. Com. 191.
 
 LANDLORD AND TENANT. . 185 
 
 Warrant of Landlord to distrain for Rent. 
 
 Chester County, ss. 
 
 To A. B., constable of the township of , in the county of 
 
 Chester. 
 
 Whereas by an agreement made in writing the tenth day of 
 March, in the year of our Lord one thousand eight hundred and 
 
 forty-four, between C. D. and E. F., both of the township of , 
 
 in the County of Chester, farmers, the said C. D. did demise and 
 lease unto the said E. F., a certain plantation and tract of land, 
 for the term of one year, to commence on the first day of April 
 next after the date of the said agreement, subject to the conditions 
 in the same agreement mentioned, he, the said E. F., yielding 
 and paying therefor unto the said C. D., the yearly rent of two 
 hundred dollars in equal quarterly payments : And whereas the 
 first two quarters of the said term have since expired, and one 
 quarter's rent amounting to fifty dollars yet remains due and un- 
 paid. These are therefore to authorize and require you to dis- 
 train the goods and* chattels of the said E. F., lying and being 
 upon the said demised premises, or wherever the same goods and 
 chattels may be found within the space of thirty days next ensu- 
 ing the conveying away or carrying off such goods and chattels 
 from the said demised premises, and proceed to sell the same ac- 
 cording to law, for the best price that can be gotten, returning the 
 overplus, if any, tp the said E. F., after payment of the said rent, 
 and all legal costs and charges of such distress. And for so doing 
 this shall be your warrant. 
 
 Witness my hand and seal at township aforesaid, the tenth 
 
 day of October, in the year of our Lord one thousand eight hun- 
 dred and forty-four. 
 
 Notice of Distress. 
 
 To E. F., of the township of , in the County of Chester. 
 
 Take notice, that by the authority and on behalf of your land- 
 lord, C. D., I have this day distrained the several goods arid chat- 
 tels specified in the schedule hereunto annexed, in your house 
 and barn at the township aforesaid, for fifty dollars, arrearage of 
 rent due to him, the said C. D. And if you do not pay the said 
 rent so due and in arrear as aforesaid, or replevy the same goods 
 and chattels according to law, within five days hereafter, I shall, 
 after the expiration of the said five days from the date hereof, 
 cause the said goods and chattels to be appraised and sold, ac- 
 
 Q* 
 
 *
 
 186 LANDLORD AND TENANT- 
 
 cording to the act of General Assembly in such case made and 
 provided. 
 
 Given under my hand the tenth day of October, Anno Domini 
 one thousand eight hundred and forty-four. 
 
 A. B., Constable of township. 
 
 Schedule. 
 
 An inventory of the several goods and chattels distrained by 
 me, A. B., constable of the township of - , in the County of 
 Chester, the tenth day of October, Anno Domini one thousand 
 eight hundred and forty-four, in the house and barn of E. F., of 
 the same township, by the authority and on behalf of C. D., of 
 the township aforesaid, for fifty dollars arrear of rent due to him, 
 the said C. D. 
 
 In the house. In the barn. 
 
 One clock, Twenty bushels of wheat, 
 
 One bureau, &c. Ten bushels of rye, &c. 
 
 A copy of the above notice and schedule was this day delivered 
 to the said E. F., [or " was this day left at the mansion house of 
 the said E. F.,"] in my presence. 
 
 October 10, 1844. J. S. 
 
 Proceedings under the Jict of 3d ^priZ, 1830. 
 Notice to remove in 1 5 (or 30) days. 
 
 You have hereby notice to quit, within fifteen [or thirty*] days 
 from the date of this notice, the premises situated, &c. , which I 
 have leased to you, reserving rent, (you having neglected or re- 
 fused to pay the amount so reserved, as often as the same has 
 grown due according to the terms of our contract, and there being 
 no goods on the premises, adequate to pay the rent so reserved, 
 except such articles as are exempt from levy and sale, by the laws 
 of this commonwealth,) or I shall proceed against you as is by law 
 directed. A. B. 
 
 To C. D. 
 
 * Where the lessee shall neglect or refuse to pay rent reserved, as often as 
 the same may grow due, according to the terms of the contract, and where there 
 are no goods on the premises adequate to pay the said rent so in arrear, except 
 such articles as are exempt from levy and sale, by the laws of the common- 
 wealth, it shall and may be lawful for the lessor to give the lessee notice to quit 
 the premises within fifteen days from the date of the notice, if such notice is 
 given on or after the first day of April, and before the first of September, and 
 within thirty days from the date thereof, if given on or after the first of Septem- 
 ber, and before the first day of April. Act of 3d April, 1830. 
 
 If, after notice, the lessee does not leave the premises within the fifteen (or 
 thirty) days, or pay the rent, the lessor may make complaint on oath, to two Jus- 
 tices of the Peace, and have the tenant ejected. 

 
 LANDLORD AND TENANT. 187 
 
 Landlord's Affidavit or Complaint. 
 
 County of - , ss. 
 
 On the - day of - , in the year 1844, personally appeared 
 before us, two of the Justices of the Peace in and for the said 
 county, A. B., who being sworn [or affirmed] according to law, 
 saith that the premises, situate, &c., [here describe the premises,] 
 were leased to a certain C. D., reserving rent, that the said rent is 
 in arrear and unpaid, that there are not goods and chattels on the 
 said premises adequate to pay and satisfy the said rent, except 
 such as are by law exempt from levy and sale, and that the said 
 lessee was, on the - day of -- , notified in writing to quit the 
 saicUaremises within fifteen [or thirty] days from that date, but 
 hasTOvertheless, refused to surrender and deliver up possession 
 of the said premises. 
 
 Sworn, &c. 
 
 Form of Appraisement. 
 
 An appraisement of the several goods and chattels distrained 
 by A. B., constable of the township of - , the tenth day of 
 October, Anno Domini one thousand eight hundred and forty-four, 
 in the house and barn of E. F., of the same township, by the au- 
 thority and on behalf of C. D., of the township aforesaid, for fifty 
 dollars, arrear of rent due to him the said C. D. 
 
 In the house. In the barn. 
 
 One clock valued at $15 Twenty bushels of wheat 
 
 One Bureau 10 valued at $20 
 
 Ten bushels of Rye 5 
 
 Appraised by us, after having been duly sworn according to 
 law, the 16th day of October, A. D. 1844. S. M. 
 
 P. R. 
 Appraisers. 
 
 Appraisers must be sworn, for form of which, see oath 
 of appraisers of goods distrained for rent." 
 
 Notice of Sale. 
 
 Will be sold by public vendue on Tuesday, the twenty-fourth 
 day of October, instant, at the house of G. H. in - township, 
 in the county of Chester, the following goods and chattels dis- 
 trained for rent, as the property of E. F., of the said township, 
 that is to say, one clock, one bureau, twenty bushels of wheat, 
 ten bushels of rye, &c., &c. Due attendance will be given and 
 the terms of sale made known by A. B. 
 
 Constable of - township.
 
 188 LANDLORD AND TENANT. 
 
 Proceedings against Tenant holding over. 
 Notice to quit after expiration of the term. 
 
 Sir Take notice, that as the term for which the plantation or 
 tract of land situate in - >&c., [or messuage and tenement, &c.] 
 now occupied by you, and which was demised by me to you for 
 the term of one year, expired on the - day of - , 1845. 
 And as I am desirous to have again and repossess the said pre- 
 mises, you are hereby required to remove from and leave the 
 same. A. B. 
 
 April 10, 1845. 
 
 To C. D. 
 
 Notice to quit at the expiration of the term. 
 
 Sir Take notice, that as the term for which the messuage and 
 tenement, with the appurtenances, situate in, &c., now in your 
 possession, which was leased by me to you, for the term of two 
 years, will expire on the - day of , 1845, and as I am 
 desirous to have again and repossess the said premises, upon the 
 determination of the said lease, you are hereby required to re- 
 move from and leave the same at the expiration of the term afore- 
 said. A. B. 
 
 December 20, 1844. 
 To C. D. 
 
 The above notice to tenant to quit, must be served at 
 least three months previous to any further proceedings being in- 
 stituted to eject him. If, at the expiration of three months after 
 notice to quit, the tenant still refuses to deliver possession of the 
 premises, the following proceeding may be instituted to eject him. 
 
 Complaint to two Justices. 
 
 To E. F. and G. H., Justices of the Peace in and for the county 
 of - . 
 
 The complaint of A. B. most respectfully sets forth, that he is 
 owner of a certain messuage or tenement with the appurtenances, 
 situate in, &c., and was in possession thereof on the - day of 
 - , A. D. 1844, at which time he demised the said premises to a 
 certain C. D.,by a written lease bearing date the day and year afore- 
 said, for the full term of one year, from that day, which said term 
 was fully ended on the - day of - , A. D. 1845 ; the said 
 A. B. being desirous, upon the determination of said lease, to have 
 again and repossess his estate, for that purpose did, on the - 
 day of - , last past, require the said C. D. to remove from and
 
 LEASE. 189 
 
 leave the same, and the said C. D. hath hitherto refused, and still 
 doth refuse, to comply therewith; that three months having 
 elapsed since the service of the said notice, he makes this his com- 
 plaint, that such proceedings may be taken by you as are directed 
 by the Act of Assembly in such case made and provided. 
 
 A. B. 
 
 Sworn and subscribed before me, this 
 
 day of , 1845. J. P. 
 
 LEASR 
 
 Remarks. 
 
 A lease is a contract for the possession and profits of lands and 
 tenements on one side, and a recompense of rent or other income 
 on the other ; 4 Bac. Abr. 4 ; or else it is a conveyance of lands 
 and tenements to a person for life, or years, or at will ; in con- 
 sideration of a return of rent or other recompense. Cruise's Dig., 
 title Leases. 
 
 Lease. 
 
 This indenture, made the tenth day of May, in the year of our 
 Lord one thousand eight hundred and thirty-seven, between A. 
 B., of, &c., of the one part, and C. D., of, &c., of the other part : 
 Witnesseth, that the said A. B., for and in consideration of the 
 yearly rent and covenants hereinafter mentioned and reserved, 
 on the part and behalf of the said C. D., his executors, adminis- 
 trators and assigns, to be paid, kept and performed, hath demised, 
 set, and to farm let, and by these presents doth demise, set and to 
 farm let, unto the said C. D., his executors, administrators and 
 assigns, all that messuage and lot of ground, situate, lying and 
 being in the city of Philadelphia aforesaid, bounded northward, 
 &c. Together with all and singular, &c. : To have and to hold 
 the said messuage and lot of ground, and all and singular the 
 premises hereby demised, with the appurtenances, unto the said 
 C. D., his executors, administrators and assigns, from the first day 
 of May next ensuing the date hereof, for and during the term of 
 seven years thence next ensuing, and fully to be completed and 
 ended, yielding and paying for the same unto the said A. B., his 
 executors, administrators and assigns, the yearly rent or sum of 
 one hundred dollars in four equal quarterly payments of twenty- 
 five dollars each, the first of which to be made on the first day of 
 May next. 
 
 And the said C. D.,for himself, his heirs, executors and adminis- 
 trators, doth covenant, promise and agree, to and with the said 
 A. B., his heirs, executors, administrators and assigns, by these
 
 190 LEASE. 
 
 presents, that he, the said C. D., his heirs, executors and adminis- 
 trators, or some of them, shall and will well and truly pay or 
 cause to be paid, unto the said A. B., his heirs, executors, adminis- 
 trators or assigns, the said yearly rent of one hundred dollars, 
 hereby reserved, on the several days and times hereinbefore men- 
 tioned and appointed for the payment thereof, according to the 
 true intent and meaning of these presents. And the said A. B., 
 for himself, his heirs, executors and administrators, doth covenant, 
 promise, grant and agree, to and with the said C. D., his exe- 
 cutors, administrators and assigns, by these presents, that he, the 
 said C. D., his executors, administrators and assigns, (paying the 
 rent and performing the covenants aforesaid,) shall and lawfully 
 may peaceably and quietly, have, hold, use, occupy, possess and 
 enjoy the said demised premises, with the appurtenances, during 
 the term aforesaid, without the lawful let, suit, trouble, eviction, 
 molestation or interruption of the said A. B., his heirs or assigns, 
 or any other person or persons whatsoever. In witness whereof, 
 the said parties, &c. 
 
 Ji Lease for years, of a House and Land.t,tvith exceptions and 
 Special Covenants, fyc. 
 
 This indenture, made the first day of January, A. D. one thou- 
 sand eight hundred and forty-five, between A. A., of Norristown, 
 in the County of Montgomery, of the one part, and B. B., of the 
 same place, of the other part : Witnesseth, that the said A. A., for 
 and in consideration of the yearly rent of five hundred dollars, 
 payable half yearly, at the expiration of every six months from 
 the leasing of said premises, and also the covenants hereinafter 
 mentioned and reserved to be paid, kept and performed by the 
 said B. B , his executors, administrators and assigns, which the 
 said B. B. doth hereby covenant to pay and perform, hath de r 
 mised, set and to farm let, and by these presents doth demise, set 
 and to farm let, unto the said B. B., his executors, administrators 
 and assigns, all that messuage, tenement or farm house, late in 
 
 the possession of E. B., with the appurtenances, situate in , 
 
 together with all and singular the yards, gardens, orchards, lawns, 
 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 
 
 they more or less, lying and being in , to the said messuage, 
 
 tenement or farm house belonging, and therewith held, used, oc- 
 cupied and enjoyed, as part and parcel thereof.) 
 
 Except, and always reserving, out of this present lease unto 
 the said A. A., his heirs and assigns, all timber and timberlike 
 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 are, or at any time or times hereafter shall be stand ing, grow-
 
 LEASE. 191 
 
 Oiv.- ;v 10- ru^ su- 
 
 ing, and being in, upon and about the said leased premises, or any 
 part thereof, with free liberty of ingress, egress and regress to and 
 for the said A. A., his heirs and assigns, servants and workmen, 
 from time to time, and at all times during the term hereby leased, 
 the same to fell, stock up, cut down, hew and carry away, in and 
 through the said leased premises or any part thereof, (doing no 
 wilful hurt or damage to the grain or grass of the said B. B., his 
 executors, administrators and assigns,) at all times during the term 
 hereby leased, and free liberty to enter into and upon the said 
 premises, and every part thereof, to view the condition of the re- 
 pairs thereof. 
 
 And also that he, the said B. B., his heirs, executors, adminis- 
 trators or assigns, shall not, nor will, at any time during this pre- 
 sent lease, crop or sow above two years together, any of the arable 
 lands and closes, hereby leased, but every third year permit the 
 same to lie fallow and unsown. And that it shall and may be 
 lawful to and for the said A. A., his heirs and assigns, with ser- 
 vants, horses, ploughs, carts and other necessaries, at day 
 
 next preceding the expiration of this present lease, to enter upon 
 such closes and grounds, parcel of the said hereby leased premises, 
 as then ought to lie fallow and unsown, and the same to plough, 
 fallow and manure, and to have the grass, herbage, sheep walks 
 and sheep commons thereof, and also to enter upon the dung which 
 shall then be in the yard or yards, and at the same time to have 
 the dung in the hen house, and also to have some convenient place 
 in the said dwelling house for his and their servants to lodge and 
 diet in, and some convenient place to lay hay and chaff in, and 
 some convenient stable for their horses to stand and be in, without 
 extinguishment of any of the yearly rent hereinbefore reserved, 
 and without giving or making any allowance or satisfaction for 
 the same. 
 
 And further, that the said B. B., his executors, administrators 
 and assigns, shall not, at any time or times, during the last two 
 years of the said term, sell, give away, or otherwise dispose of 
 any of the straw which shall be growing and arising upon the 
 said leased premises. And the said B. B.,his executors, adminis- 
 trators or assigns, shall not, nor will, at any time or times during 
 the time hereby leased, lop, top, shred or cut any of the trees or 
 spring wood belonging to the said leased premises, but such pol- 
 lard trees and spring wood, as have been usually lopped and cut 
 by former and other tenants, and those only of twelve years 
 growth, and the lops which shall arise and come therefrom, carry 
 into the said hereby leased messuage or farm-house, there to be 
 spent by way of fire-bote, and not to be sold or disposed of in any 
 other way whatsoever, and shall not nor will, at any time or times 
 during this lease, inordinately burn or waste any of the fire-wood 
 which is so allowed to be spent by way of fire-bote as aforesaid, 
 and shall keep the said pollard trees, as also all the fruit trees and
 
 192 LEASE. 
 
 spring wood from all wilful or negligent hurt or waste. In wit- 
 ness whereof, the said parties have hereunto set their hands and 
 seals the day and year first above written. 
 
 Signed, sealed and delivered } 
 in presence of 5 
 
 ALEXANDER HILANDS. 
 
 A. A. 
 
 B. B. 
 
 Short Lease of a House. 
 
 Agreed the day of , in the year of our Lord one thou- 
 sand eight hundred and , between N. B., of township, 
 
 in the County of and State of Pennsylvania, merchant, of 
 
 the one part, and S. W. , of the same place, carpenter, of the other 
 part, as follows : The said N. B. doth let unto the said S. W., his 
 heirs and assigns, a certain lot of land whereon is erected a stone 
 dwelling and stable, situate in the township aforesaid, and now 
 occupied by D. D., adjoining lands of C. L., for the term of one 
 
 year, from the first day of April next, for the yearly rent of 
 
 dollars, to be paid in four equal quarterly payments, viz., on the 
 first days of July, October, January and April, which said yearly 
 rent the said S. W. doth hereby for himself, his executors and ad- 
 ministrators, covenant and agree to pay unto the said N. B., his 
 heirs, executors and assigns. And at the expiration of the said 
 term, or sooner, he, the said S. W.,his heirs and assigns, shall and 
 will quietly and peaceably surrender and yield up the said demised 
 premises, with the appurtenances, unto the said N. B., his heirs 
 and assigns, in as good order and repair as the same now are, 
 reasonable wear, tear and casualties which may happen by fire 
 or otherwise only excepted. In witness whereof, we have here- 
 unto set our hands and seals the day and year above written. 
 
 Witness present, 
 
 S. W. 
 
 N.B.
 
 LEASE. 193 
 
 Lease of a Farm. 
 
 This indenture, made the day of , in the year of our 
 
 Lord one thousand eight hundred and , between S. S., of the 
 
 township of , in the County of , and State of Pennsyl- 
 vania, of the one part, and W. J., of township, county and 
 
 state aforesaid, of the other part : Witnesseth, that the said S. S., 
 for and in consideration of the yearly rent and covenants herein- 
 after mentioned and reserved, on the part and behalf of the said 
 S. S., his heirs, executors and administrators, to be paid, kept and 
 performed, hath demised, set, and to farm let, and by these pre- 
 sents doth demise, set, and to farm let, unto the said W. J., his 
 heirs and assigns, all that certain messuage or tenement, tract, 
 
 piece or parcel of land, situate in the township of aforesaid 
 
 adjoining lands of A. E., J. S., S. J. and others, and now in the 
 tenure of T. T., containing acres, together with all and sin- 
 gular the buildings, improvements and other the premises hereby 
 demised, with the appurtenances. To have and to hold the same 
 unto the said W. J., his heirs and assigns, from the first day of 
 April next ensuing the date hereof, for and during the term of 
 - years, thence next ensuing, and^illy to be completed and 
 ended ; the said W. J. yielding and paying for the same unto the 
 
 said S. S., his heirs and assigns, the yearly rent or sum of 
 
 dollars, on the day of in each and every year during 
 
 the term aforesaid. [If the rent is to be paid in produce, after 
 the words, fully to be completed and ended, say as follows, or as 
 the agreement may be : " The said W. J. yielding and paying 
 thereout unto the said S. S., his heirs and assigns, the yearly rent 
 as follows : one half of all the winter grain, one third of all the 
 summer grain raised and growing on the premises, and the sum 
 of twenty dollars in cash, for the meadow grass, the said grain to 
 be delivered by the bushel at the house of the said S. S.. in good 
 order and in proper season."] And at the expiration of the said 
 term or sooner determination thereof, he, the said W. J., his heirs 
 and assigns, shall and will quietly and peaceably surrender and 
 yield up the said demised premises with the appurtenances, unto 
 the said S. S., his heirs and assigns, in as good order and repair 
 as the same now are, reasonable wear, tear and casualties which 
 may happen by fire or otherwise only excepted. In witness 
 whereof, the said parties have hereunto interchangeably set their 
 hands and seals the day and year above written. 
 
 Special Covenants in a Lease not to pursue certain occupations. 
 
 And also, that he, the said C. D., his executors, administrators 
 and assigns, shall not, nor will, at any time during the continu- 
 ance of the said term, permit or suffer any person or persons to 
 a
 
 194 LEASE. 
 
 use or follow, in and upon the premises, or in or upon any part 
 thereof, the trade of a butcher, soap boiler, brewer, distiller, tallow- 
 chandler, dyer, &c. &c., [as the case may be] or any nauseous or 
 offensive business whatsoever, without the license and consent of 
 the said A. B., his heirs, executors, administrators or assigns, first 
 had arid obtained in writing, for that purpose. 
 
 Clause to be inserted in a Lease to inhabit part of the premises. 
 
 And also, that the said C. D., shall and will personally inhabit 
 and occupy the said messuage or farm-house, with the appurte- 
 nances, and not shut up or desert the same during the said term. 
 
 Clause not to Assign or underlease. 
 
 And also, that the said C. D., his executors and administrators? 
 shall not nor will, at any time during the said term, assign or set 
 over, underlease or underlet the premises, or in any other manner 
 part with the possession or occupation of the same, without the 
 special license of the' said A. B., his heirs or assigns, in writing 
 under his or their hands afcd seals, first had and obtained. 
 
 Clause to be inserted in a Lease, if required, that Lessor shall 
 pay the taxes. 
 
 That he, the said Samuel Smith, his executors, administrators 
 and assigns, shall and will, from time to time, and at all times du- 
 ring the said term hereby granted, well and truly pay or allow 
 out of the rent hereby reserved, all rates, taxes, duties, charges 
 and assessments whatsoever, that shall or may be assessed, charged, 
 rated or imposed on the said hereby demised premises, or any 
 part thereof, and thereof arid therefrom save harmless and keep 
 indemnified the said John Jones, his executors, administrators and 
 assigns, and also his and their goods and chattels, lands and telne- 
 ments. 
 
 Clause to insure the premises from Fire,, and to rebuild in case 
 
 of Damage. ^ 
 
 And that he, the said Richard Clyde, his executorsj^fjminis- 
 trators and assigns, shall and will, at his and their own proper 
 costs and charges, from time to time sufficiently insure all and 
 every the messuages or tenements, erections or buildings which 
 shall be erected and built upon the said piece or parcel of ground 
 hereby demised, or any part thereof from- casualties by fire, during 
 the then remainder of the said term hereby granted, in some or
 
 LETTER OF ATTORNEY. 195 
 
 one of the public offices kept for that purpose in , and in case 
 
 the said messuages or tenements, erections or buildings, or any of 
 them, or any part of any pf them, shall at any time or times du- 
 ring the said term be burnt down, destroyed, or damaged by fire, m 
 shall and will from time to time immediately afterwards rebuild, 
 or well and sufficiently repair the same. 
 
 LETTER OF ATTORNEY. 
 Remarks, 
 
 A letter of attorney is a written instrument under seal, by 
 which one or more persons called the constituents, authorize one 
 or more other persons, called the attorneys, to do some lawful act 
 by the latter, for or instead, and in the place of the former. The 
 authority given in the letter of attorney is either general, as to 
 transact all the business of the constituent ; or special, as to do 
 some special business, particularly named ; as to collect a debt. 
 
 It is either revocable or irrevocable. It is revocable when no 
 interest is conveyed to the attorney, or some other person. It is 
 irrevocable, when the constituent conveys a right to the attorney 
 in the matter, which is the subject of it ; as when it is given as 
 part security. 2 Esp. R. 565. If the letters of attorney are to 
 be put upon record, they must be acknowledged. 
 
 General form of Letter of Attorney to receive Debts. 
 
 Know all men by these presents, That I, A. B., of the borough 
 of Reading, in the County of Berks, and State of Pennsylvania, 
 merchant, have made, constituted and appointed, and by these 
 presents do make, constitute and appoint, and in my place and 
 stead put and depute, C. D., of the city of Philadelphia, and state 
 aforesaid, merchant, my true and lawful attorney, for me, and in 
 my name, and for my use, to ask, demand, sue for, recover and 
 receive, all such sum or sums of money, debts, goods, wares, and 
 other demands whatsoever, which is or shall be due, owing, pay- 
 able and belonging to me, by any manner or means whatsoever, 
 especially, &c. [Here state particularly what the attorney is re- 
 quired to execute.] 
 
 Giving and granting unto my said attorney, by these presents, 
 my full and whole power, strength and authority, in and about 
 the premises ; to have, use, and take all lawful ways and means, 
 in my name, for the purposes aforesaid ; and upon the receipt of 
 any such debts, dues, or sums of money, [as the case may be], 
 acquittances, or other sufficient discharges, for me, and in my 
 name, to make, seal and deliver. 
 
 And generally, all and every other act or acts, thing and things,
 
 ^_^.. 
 
 196 LETTER OF ATTORNEY. 
 
 device and devices, in the law, whatsoever, needful and necessary 
 
 to be done, in and about the premises, for me and in my name, to 
 
 do, execute and perform, as fully, largely and amply, to all intents 
 
 ^and purposes, as I myself might or could do, if personally present; 
 
 *and attorneys one or more under him, for the purpose aforesaid, 
 
 to make and constitute, and again at pleasure to revoke. 
 
 Hereby ratifying, allowing, and holding for firm and effectual, 
 all and whatsoever my said attorney shall lawfully do, in and 
 about the premises, by virtue hereof. In witness whereof, I have 
 hereunto set my hand and seal, this tenth day of January, in the 
 year of our Lord one thousand eight hundred and thirty -seven. 
 
 Letter of Attorney to receive Money on a Bond. 
 
 Know all men by these presents, that I, A. B., of the borough 
 of Reading, and State of Pennsylvania, hatter, do make, consti- 
 tute and appoint C. D., of the city of Baltimore, in the State of 
 Maryland, my true and lawful attorney, for me and in my name, 
 to ask, demand and receive from E. F., of the city of Baltimore 
 aforesaid, the sum of 'three hundred dollars, due unto me, in and 
 
 by a certain bond or obligation, bearing date the day of 
 
 , and upon non-payment thereof, to have, use, and take all 
 
 lawful ways and means in my name, or otherwise, for the reco- 
 very of the same, with the interest thereon, if any be due, by 
 attachment, bill, plaint, arrest or otherwise. In witness whereof, 
 I have hereunto set my hand and seal, this tenth day of May, 
 A. D. one thousand eight hundred and forty-four. 
 
 General Letter of Substitution. 
 
 To all people to whom these presents shall come : Whereas A. 
 B., of the city of New Orleans, and state aforesaid, merchant, in 
 and by a certain instrument of writing or letter of attorney, bear- 
 ing date the first day of January, one thousand eight hundred and 
 twenty-nine, did make, constitute and appoint, C. D. to, &c. [as 
 in the original power,] as in and by the said letter of attorney, 
 (recorded, or intended to be recorded, &c.) relation being there- 
 unto had appears. Now know ye, That the said C. D. has made, 
 appointed, substituted, and by these presents, by virtue of the 
 power and authority given to him by the said recited letter of 
 attorney, doth make, appoint, and substitute, E. F., of, &c., to be 
 the true and lawful attorney of the said A. B., the constituent in 
 the foregoing letter of attorney named, to do, execute, and per- 
 form, all such acts, deeds, matters and things, as shall and may be 
 requisite and necessary to be done and performed, for effecting 
 the purposes and object in the said letter of attorney contained, 
 as fully and effectually in all respects, and to all intents and pur-
 
 LETTER OF ATTORNEY. 197 
 
 poses, as I myself might or could do in virtue of the power and 
 authority aforesaid, if personally present, hereby ratifying and 
 confirming all and whatsoever my said substitute may lawfully do 
 in virtue hereof. In witness, &c. 
 
 Letter of Revocation, 8?c. 
 
 To all people to whom these presents shall come ; I, A. B., of,. 
 &c., send greeting : Whereas, I, the said A. B., did heretofore, by 
 a certain instrument in writing, or letter of attorney, empower C. 
 D., of, &c., to be my attorney, in my name and for my use, to re- 
 cover and receive all such moneys, debts and effects whatsoever, 
 as were due, owing or payable unto me, by, &c. [as in the power.] 
 And to do all other matters and things, as fully as I myself might 
 or.could do, for that purpose, &c. or to that or the like effect, as 
 by the same writing, relation being thereunto had, at large ap- 
 pears. Now know ye, That I, the said A. B., for divers good 
 causes and valuable considerations me thereunto moving, have 
 revoked, recalled, countermanded, and made void, and by these 
 presents do revoke, recal, countermand, and to all intents and pur- 
 poses, make null, void and of none effect, the said recited writing, 
 or letter of attorney, and all powers and authorities therein and 
 thereby given and granted; and all other matters and things 
 therein, or in any of them contained; and all acts, matters and 
 things whatsoever, which shall or may be acted, done or per- 
 formed, by virtue or means thereof in any manner whatsoever : 
 [Here conclude, In witness whereof, &c. But if another attorney 
 is appointed, then continue as follows:] 
 
 And further know ye, that I, the said A. B., do by these pre- 
 sents, make, name, constitute and appoint, and in my place and 
 stead, put and depute J. R., of, &c., to be my true and lawful attor- 
 new, irrevocable, for me and in my name, &c., [proceed as in a 
 common letter of attorney]. 
 
 Letter of Attorney to receive Dividends of Stock. 
 
 Know all men by these presents, That I, A. B., of the city of 
 Lancaster, and State of Pennsylvania, brewer, do make, consti- 
 tute and appoint, C. D., of the city of Washington, in the District 
 of Columbia, Esquire, my true and lawful attorney, for me and 
 in my name, to receive- the dividends which are or shall be pay- 
 able, according to law, on all the stock standing in my name, in 
 the books of the Treasury of the United States, [or in the books 
 of the Loan Office, or Bank of, &c., as the case may be] with 
 the power also, to make and substitute an attorney or attorneys 
 under him, for that purpose ; and to do all lawful acts requisite 
 for effecting the premises ; hereby ratifying and confirming all that
 
 198 LETTER OF ATTORNEY. 
 
 my said attorney, or his substitutes, shall lawfully do, by virtue 
 hereof. In witness, &c. 
 
 To receive the back Pay of a Deceased Soldier. 
 
 Know all men by these presents, That I, Mary Bond, adminis- 
 tratrix of all and singular the goods and chattels, rights and cre- 
 dits, which were of Abel Bond, late a private in the fourth company 
 and sixth regiment of infantry of the army of the United States, 
 deceased, who died intestate, have made, constituted and appoint- 
 ed, and by these presents, do make, constitute and appoint, John 
 Wilson, of the county of Dauphin and State of Pennsylvania, 
 Esquire, my true and lawful attorney, for me and in my name 
 and for my use, to ask, demand and receive, from the proper offi- 
 cer of the United States authorized to settle and pay all such sum 
 or sums of money or arrearages of pay due and coming unto my 
 late husband, the said Abel Bond, deceased, giving and granting 
 unto my said attorney my whole strength and power in the pre- 
 mises, hereby ratifying and confirming all that my said attorney 
 shall lawfully do by virtue hereof. In witness, &c. 
 
 To Receive a Legacy. 
 
 To all people to whom these presents shall come ; I, Daniel 
 Brown, of, &c., and Sarah my wife, (late Sarah Wilson,) one of 
 the daughters and legatees named in the last will and testament 
 of Hugh Wilson, late of, &c., deceased, send greeting : Whereas, 
 the said Hugh Wilson, in and by his last will and testament, bearing 
 date the second day of February, A. D. 1829, did, amongst other 
 things, give and bequeath unto his said daughter, the sum of five 
 hundred dollars, payable in six months after his decease, [or did 
 give and bequeath to her an equal share of his estate, as the case 
 may be.] And of his said will appointed James Freeman, exe- 
 cutor, as in and by the said will duly proved, and remaining in 
 the register's office at Sunbury, in and for the county of North- 
 umberland, relation being thereunto had, appears. 
 
 Now know ye, That I, the said Daniel Brown, and Sarah my 
 wife, have made, constituted and appointed, and by these pre- 
 sents do make, cohstitute and appoint, Charles Davis, of the 
 borough of Easton, in the county of Northampton, our true and 
 lawful attorney, for us and in our names, and for our use, to ask, 
 demand, sue for, recover, and receive, of and from the said James 
 Freeman, executor as aforesaid, or in whose hands soever the 
 same "may be found, the said legacy or bequest mentioned in the 
 said will, and also all such other sum or sums of money, debts, 
 goods, wares, and demands whatsoever, which are or shall be 
 due, owing, payable, and belonging to us by any means whatso-
 
 LETTER OF ATTORNEY- 199 
 
 ever, for or on account of her full share, part, or dividend of the 
 estate aforesaid. Giving and granting, &c. [as in the first letter 
 of attorney.] 
 
 Letter of Attorney to convey Lands. 
 
 Know all men by these presents, that I, A. B., of, &c., have 
 made, constituted and appointed, and by these presents do make, 
 constitute and appoint, and in my place and stead put and depute 
 C. D., of, &c., my true and lawful attorney, for me, and in my 
 name, place and stead, to grant, bargain and sell all that mes- 
 suage, &c., [here describe the premises] with the appurtenances ; 
 and all my estate, right, title and interest therein, unto such per- 
 son or persons, and for such price or prices, as he shall think pro- 
 per ; and also, for me and in my name, place and stead, and as 
 my proper act and deed, to sign, seal, deliver and acknowledge, 
 all such deed or deeds of conveyance, as shall be necessary for 
 the absolute granting and assuring of the premises, unto the pur- 
 chaser or purchasers, in fee simple. Giving, &c. [as in the first 
 letter of attorney.] 
 
 To Acknowledge a Deed. 
 
 Know all men by these presents, That 1, the within-named A. 
 B., do hereby nominate and appoint C. D., E. F. and G. H., all of 
 Washington county, in the State of Virginia, or any one of them, 
 my true and lawful attorneys, for me, and in my name, to acknow- 
 ledge the within deed, and the lands and tenements therein men- 
 tioned, to be the estate and property of the within-named I. K. 
 In witness, &c. 
 
 Short Letter of Attorney to transfer Stock. 
 
 Know all men by these presents, that I, A. B., of, &c., do make, 
 constitute and appoint, C. D., of, &c., my true and lawful attor- 
 ney, for me and in my name, to transfer and assign unto E. F., 
 ten shares of stock, in the Exchange Bank of Pittsburgh, stand- 
 ing in my name, in the books of said bank : and to do all neces- 
 sary acts, and to make the necessary acquittances to effect the 
 premises, hereby ratifying and confirming all my said attorney 
 shall lawfully do, by virtue hereof. In witness, &c. 
 
 From the President and Directors of a Corporation, to collect 
 
 Debts. 
 
 Know all men by these presents, that we, the President, Direct- 
 ors and Company, of the Bank, for us and our successors,
 
 200 LETTER OF ATTORNEY. 
 
 have made, constituted and appointed, and do, by virtue hereof, 
 
 make, constitute and appoint, A. B., of , Gent., C. D., of , 
 
 Esq., and E. F., of , Gent., jointly, or any two of them, 
 
 whereof the said A. B. to be one, our sufficient and lawful attor- 
 neys', for us and in our name and to our use, to demand, recover 
 and receive, all and singular the sum and sums of money now 
 due, payable, and coming unto us, or our successors, by 'virtue of 
 any mortgages, promissory notes, contracts or engagements, in 
 deed, or in law, now in being, from any person or persons what- 
 soever : Hereby giving and granting to our said attorneys, and 
 to any two of them, whereof the said A. B. to be one, full power 
 and authority to institute and pursue unto final judgment and 
 execution, any process or suit, processes or suits, which our said 
 attorneys or any two of them, whereof the said A. B. to be one, 
 shall deem expedient ; and in such suit or process, suits or pro- 
 cesses, for us to appear, and us to represent before any court or 
 courts having jurisdiction, and therein to plead for us, and all 
 stipulations or other requisites, in any such suit or process, in our 
 name and behalf, to make, allow and establish, at their discretion 
 or at the discretion of any two of them, whereof the said A. B. 
 to be one to submit to arbitration or any compromise whatsoever, 
 any matter in dispute ; and of all receipts, due acquittances, in 
 our name and stead, as our deed or deeds, to make, seal and de- 
 liver. Hereby ratifying and confirming whatever our said attor- 
 neys, or any two of them, whereof the said A. B. to be one, may 
 lawfully do, by virtue hereof, in the premises. 
 
 In testimony whereof, we, W. W., President, and X. Y. and 
 Z., Directors of the said Bank, hereunto duly authorized by a vote 
 of the said company, pursuant to the act incorporating the said 
 company, have subscribed our names, and by the hands of the 
 skid W. W., affixed the seal of the said bank, this sixth day 
 of . 
 
 # short Letter of Attorney to deliver possession of Lands. 
 
 Know all men, &c., for me, and in my name and stead, to 
 
 enter into all those messuages, lands, tenements, &c., situate in 
 
 , and after such entry, in my name and stead, to deliver 
 
 peaceable possession and seisin of and in the said messuages, 
 lands, tenements and hereditaments, and their appurtenances, to 
 
 E. F., of , yeoman, or his heirs, or to his or their attorney, to 
 
 his and their use, according to the form, tenour and effect of a cer- 
 tain deed, by me to the said E. F. made, the date whereof is, &c., 
 as by inspection thereof will more fully appear ; and generally 
 to do all and every act and acts, thing and things whatsoever, 
 necessary to making quiet entry and giving peaceable possession 
 and seisin as aforesaid : Hereby ratifying, &c. In testimony, &c.
 
 LETTER OF ATTORNEY. 201 
 
 fl general Letter of Attorney, to receive Debts. 
 
 Know all men by these presents, That I, A. B., &c., 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 to my use, to ask, demand, sue for, recover and receive oi 
 E. E., &c., all and every such sum and sums of money, debts 
 and demands whatsoever, as now are 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 the recovery thereof, by 
 attachment, arrest, or otherwise, and to compound and agree for 
 the same : And on receipt thereof, acquittances, or other sufficient 
 discharges, for the same, for me and in my name, to make, seal 
 and deliver: 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 personally present ; and an attorney 
 or attorneys under him, for the purposes aforesaid, to make, and 
 at his pleasure to revoke ; hereby ratifying, allowing and confirm- 
 ing all and whatsoever my said attorney shall, in my name, law- 
 fully do, or cause to be done, in and about the premises, by virtue 
 of these presents. In witness, &c. 
 
 NOTE. If there are two attorneys, say, B., &c., and C., 
 
 &c., jointly, and either of them severally, to be my true and law- 
 ful attorneys and attorney, for me, &c. 
 
 From one to his JVife, to receive Wages, Sf-c. 
 
 I, T. B., do constitute and appoint my wife, A. R., my 
 
 true and lawful attorney, for me, and in my name, and for my 
 use, to ask, demand and receive, of and from all and every person 
 and persons whatsoever, as well all such sum and sums of money 
 as now are, or which shall or may at any time hereafter become 
 due and owing to me for wages; from (any ship or ships to which 
 I now do or may belong;) as also all arid other moneys now due, 
 or to become due and owing to me by any other ways or means 
 whatsoever; and upon non-payment either of the whole or of 
 any part of the said pay, I do hereby authorize and empower 
 my said wife to bring a suit or suits in law, in my name, for the 
 recovery thereof. 
 
 In witness whereof, I have hereunto set and affixed my hand 
 and seal, this day of, &c. 
 
 To receive Principal and Interest of the Public Debt. 
 
 Know all men by these presents, That I, G. C., of , do 
 
 make, constitute and appoint, J. R., of , my true and lawful
 
 202 LETTER OF ATTORNEY. 
 
 attorney, for me and in my name, to receive the dividends which 
 are or shall be payable according to law, on the [here describe the 
 stock] standing in my name, in the books of the Treasurer of the 
 
 United States, [or the commissioner of the loans, as the case 
 
 may be] from the day of to the day of , with 
 
 power also to make and substitute an attorney or attorneys under 
 him for that purpose, and to do all lawful acts requisite for effect- 
 ing the premises, hereby ratifying and confirming all that my said 
 attorney or his substitute shall lawfully do by virtue hereof. In 
 witness whereof, &c. 
 
 t# Letter of Attorney to make Partition. 
 
 Know all men, &c., that I, A. B., &c., have made, constituted 
 and appointed, C. D., &c., my true, &c., attorney for me, and in 
 my name and behalf, to make partition and division with the other 
 heirs of my late father, deceased, of his estate, real and personal, 
 and my share and part of his personal estate, to accept and re- 
 ceive: and upon any partition or division to enter upon, and take 
 possession of any lands, tenements or hereditaments, which may 
 be set off to me as my share and purpart of the real estate afore- 
 said : and to enter into any covenant or agreement respecting my 
 share and purpart of his estate, real or personal, which my said 
 attorney shall think reasonable and for my interest ; and in my 
 name and for my use, to demand, sue for, recover, receive, and 
 take possession of all and singular lands, tenements and heredita- 
 ments, sum and sums of money, goods and chattels, withheld 
 from me, to which I am entitled, and which I may lawfully claim 
 from the heirs, executors or administrators of my said father, or 
 any other person or persons whatsoever. (Add a power to ap- 
 pear before courts, &c., a power of substitution, and a covenant 
 to ratify, &c.) In witness, &c. 
 
 To Attorney at Law to appear to suit for Defendant. 
 
 Know all men by these presents, that I, A. B., of the city of 
 Lancaster, do hereby make, appoint and constitute C. D., Esq., of 
 the borough of Meadville, my good and lawful attorney, in law 
 and in fact, to appear for me in a certain plea, pending in the 
 Court of Common Pleas, wherein E. F. is plaintiff, and I, the said 
 A. B., am defendant; and take defence, and use all lawful ways 
 and means, in my name, therein, in as full and effectual a manner 
 as I could do, if personally present in the said court ; hereby con- 
 firming and sanctioning whatsoever my said attorney in the said 
 plea, touching the defence thereof, may do, according to law, in
 
 LETTER OF ATTORNEY. 203 
 
 the premises. Witness my hand and seal, this tenth day of Janu- 
 ary, one thousand eight hundred and forty-five. 
 
 A. B. 
 
 By Plaintiff to institute a Suit. 
 
 Know all men by these presents, that I, A. B., of the city of 
 Pittsburgh, do hereby make, constitute and appoint C. D., Esq., 
 of the city of Philadelphia, my good and lawful attorney, in law 
 
 and in fact, to institute for me, and in my name, a plea of 
 
 against a certain E. F., in a proper and convenient court of law ; 
 and the same to conduct to trial and judgment in as speedy a 
 manner, as the said C. D. reasonably can ; and to conduct the 
 prosecution of the said suit or action so to be brought ; and use 
 all lawful ways and means, in my name therein, in as full and 
 effectual a manner as I, the said A. B. could do, if personally pre- 
 sent; hereby confirming and sanctioning whatsoever my said 
 attorney, in the said plea, touching the prosecution thereof, may 
 do, according to law, in the premises. Witness my hand and 
 seal, this tenth day of December, one thousand eight hundred and 
 forty-four. 
 
 A. B. 
 
 By Plaintiff, to conduct Suit already brought. 
 
 Know all men by these presents, that I, A. B., of the borough 
 of Carlisle, do hereby make, constitute and appoint C. D., Esq., 
 of Erie, my good and lawful attorney, in law and in fact, to ap- 
 pear for me, in a certain plea or action, commenced and pending 
 in the Erie County Court of Common Pleas, wherein I, the said 
 A. B., am plaintiff, and a certain E. F., is defendant ; and to con- 
 duct the prosecution of the said plea or action, so as aforesaid 
 brought; and use all lawful ways and means, in my name therein, 
 in as full and effectual a manner as I could do, if personally pre- 
 sent; hereby confirming and sanctioning whatsoever my said 
 attorney in the said plea, touching the prosecution thereof, may 
 do according to law, in the premises. Witness, &c.
 
 204 LETTERS OF LICENSE. LETTERS OF CREDIT. 
 
 LETTERS OF LICENSE. 
 Remarks. 
 
 A letter of license is an instrument or writing made by creditors 
 to their debtor, by which they bind themselves to allow him longer 
 time than he had a right to, for the payment of his debts ; and 
 that they will not arrest or molest him in his person or property, 
 till after the expiration of such additional time. 
 
 Letter of License from Creditors. 
 
 Know all men by these presents, that we, who have hereunto 
 set our hands and seals, creditors of S. R., of the city of Philadel- 
 phia, grocer, taking into consideration, that by reason of losses 
 and misfortunes, he, the said S. R., has not at present wherewith 
 to pay and satisfy us our several debts, do therefore, upon the 
 request of him, the said S. R., severally and respectively agree, 
 and bind ourselves, our heirs, executors and administrators, to 
 accept and take of him, the said S. R , all such debts and sums of 
 money as he doth owe unto us, and every of us, respectively, by 
 four even and equal payments or portions, that is to say : The 
 first payment to be made in one year, now next ensuing the date 
 hereof; the second payment in two years now next ensuing; the 
 third payment in three years now next ensuing ; and the last pay- 
 ment or residue of such debts to be made within four years now 
 next ensuing. 
 
 And we do further severally and respectively agree, not to ar- 
 rest, sue, implead, attach or prosecute, by any manner of ways, 
 or means whatsoever, the said S. R., or his goods or effects, un- 
 less default shall happen to be made, in payment of the debts 
 aforesaid, on the several days and times above limited, under for- 
 feiture and loss of such of our debts and sums of money, as we 
 shall so arrest, sue, implead, attach or prosecute. Witness, &c. 
 
 LETTERS OF CREDIT. 
 
 For Goods. 
 
 CARLISLE, MAY 12, 1844. 
 Messrs. A. & B., Merchants, > 
 Pittsburgh. 5 
 Gentlemen, 
 
 Please to deliver Mr. C. D., of Amity, or to his order, goods 
 and merchandise, to an amount not exceeding in value in the 
 whole, two hundred dollars ; and on your so doing, I hereby hold
 
 MARRIAGES. 205 
 
 myself accountable to you for the payment of the same, in case 
 Mr. C. D. should not be able to do so, or should make default, of 
 which default you are required to give me reasonable and proper 
 notice. Your obedient servant, 
 
 E. F. 
 
 For a limited sum of money. 
 
 PITTSBURGH, June 20, 1844, 
 Sir, 
 
 I hereby undertake to guarantee to you, the re-payment of all 
 sums of money which you may advance to C. D., the bearer 
 hereof, not exceeding in the whole five hundred dollars, within 
 one year from the date hereof, with interest. 
 
 Yours, &c. 
 
 E. F. 
 To A. B., Philadelphia. 
 
 MARRIAGES. 
 
 Remarks. 
 
 No person is confined to the following form, but is at liberty 
 to use the one most satisfactory to himself, provided that form 
 requires the parties to acknowledge themselves before witnesses 
 to be man and wife. The following requisites arp essential, viz : 
 1st. They must be willing to contract. Those persons, therefore, 
 who have no legal capacity in point of intellect, to make a con- 
 tract, cannot legally marry, as idiots, lunatics and infants, males 
 under the age of fourteen, and females under the age of twelve ; 
 and when minors over those ages marry, they must have the con- 
 sent of their parents or guardians. 3d. Generally, all persons 
 who are of sound mind, and have arrived to years of maturity, 
 are able to contract marriage. To this general rule, however, 
 there are some exceptions, among which may be mentioned the 
 following. The previous marriage of the party to another per- 
 son, who is still living, and not having been divorced ; and con- 
 sanguinity or affinity between the parties within the prohibited 
 degree. 3d. The parties must not only be willing and able, but 
 must have actually contracted in due form of law. The common 
 law requires no particular ceremony to the valid celebration of 
 marriage. The consent of the parties is all that is necessary, and 
 as marriage is said to be a contract jure gentium, that consent is 
 all that is needful by natural law. If the contract be made per 
 verba de presenti, or if made per verba de futuro, and followed 
 by consummation, it amounts to a valid marriage, and which the 
 s
 
 206 MARRIAGES. 
 
 parties cannot dissolve, if otherwise competent; and it is not 
 strictly necessary in Pennsylvania that a clergyman, a magistrate. 
 or other officer should be present, to give validity to the marriage; 
 the consent of the parties may be declared simply before wit- 
 nesses. 
 
 Marriage is a civil contract, which may be completed by any 
 words in the present tense, without regard to form. Hantz vs. 
 Sealy, 6 Binn. 405; 8 S. & R. 62 ; 2 Watts, 9. 
 
 Custom, however, will probably always require the marriage 
 ceremony to be performed by a clergyman, a magistrate, or other 
 officer, duly authorized, by reason of the sacredness of the insti- 
 tution. The contract of marriage and the law of divorce, are 
 taken from the Scottish law. See Erskine's Scot. Inst. page 
 64, &c. 
 
 There was an act in Pennsylvania, as early as 1700, for the 
 preventing of clandestine marriages; 1 Smith, p. 21 ; also a supple- 
 ment to the same act, 14th Feb., 1730, 1 Smith, p. 180, wtiich are 
 still in force, and to which I would call the attention of those who 
 perform the marriage ceremony. 
 
 The provisions of the acts of 1700 and 1730, requiring all mar- 
 riages to be solemnized in the presence of twelve witnesses, and 
 to be preceded by the publication of banns, are only directory ; 
 and a non-compliance with them does not invalidate a marriage. 
 Rodebaugh vs. Sanks, 2 W. 9. The acts of 1700 and 1730, to 
 prevent clandestine marriages, are not obsolete in respect to the 
 provision for the publication of banns. Helfenstein vs. Thomas, 
 5 R. 209. 
 
 In an action against a clergyman to recover the penalty given 
 by the act of 1730, the burthen of proof lies on the plaintiff, to 
 show that there was no publication of banns. Ibid. I take it to 
 be a sound construction of the statute, to hold the minister or 
 justice irresponsible, wherever the parent has actually given his 
 consent, whether in the form of a certificate, or verbal declaration. 
 Rodebaugh vs. Sanks, 2 W. 9. Where it appeared that the plain- 
 tiff, about a week before the marriage, asked his daughter why 
 she did not get married, and recommended to her to marry I. S., 
 it was held that he could not maintain an action against a clergy- 
 man who married her to I. S., although no certificate of consent 
 was produced, and the verbal declarations of the father were not 
 communicated to him. 2 W. 9. 
 
 It is not necessary that the plaintiff should show that he has 
 sustained any actual specific damage. It is sufficient that the mar- 
 riage is an unjustifiable interference with the relation existing 
 between the parent and his offspring, and in that respect a griev- 
 ance in contemplation of law. Donahue vs. Dougherty, 5 R. 124. 
 
 It is not a defence to -such action that the clergyman miscon- 
 ceived the age of the infant. 5 R. 124. 
 
 In debt for the penalty on the supplement to the act against
 
 207 
 
 clandestine marriages, the jury must find the whole amount of 
 the penalty. Macklin vs. Taylor, 212, 214. 
 
 It seems a declaration for the penalty of 50, in such action, 
 must lay the marriage to have taken place without publication ; 
 and a declaration against the defendant for joining the parties in 
 marriage, without having a certificate, would be bad ; the first 
 section which requires a certificate imposing no penalty. Huston 
 vs. Ayres, 346. Only one penalty can be recovered against a jus- 
 tice, or other person for joining two persons in marriage contrary 
 to the act, and, therefore, if the parent of one of the parties has 
 already recovered the penalty, no action can be maintained for it 
 by the parent of the other party. Hill vs. Williams, 14 S. & 
 R. 387. 
 
 Form for a Marriage Ceremony. 
 
 
 We are gathered together here, in the sight of God, and in the 
 presence of this company, to join together this man and this wo- 
 man in holy matrimony, which is honourable, and is not, by any, 
 to be entered into unadvisedly or lightly ; but reverently, dis- 
 creetly, advisedly, soberly, and in the fear of God. Into this holy 
 estate, these two persons present come now to be joined. If any 
 one can show just cause, why they may not lawfully be joined 
 together, let him now speak, or else hereafter forever hold his 
 peace. J. L., wilt thou have this woman to be thy wedded wife, 
 to li ve together after God's ordinance, in the holy estate of Matri- 
 mony ? Wilt thou love her, comfort her, honour and keep her, 
 in sickness and in health; and forsaking all others, keep thee only 
 unto her, so long as you both shall live? Answer, " I will." 
 
 H. S., wilt thou have this man to be thy wedded husband, to 
 live together after God's ordinance, in the holy estate of Matri- 
 mony ? Wilt thou obey him, love, honour and keep him, in sick- 
 ness and in health ; arid forsaking all others, keep thee only unto 
 him, so long as you both shall live ? Answer, " I will." (Join 
 right hands.) Forasmuch as J. L. and H. S. have consented 
 together, in holy wedlock, and have witnessed the same, before 
 God and this company, and have given and pledged their faith 
 each to the other, and have declared the same by joining of hands, 
 I do pronounce them man and wife; and let no one put asunder 
 those whom God hath joined together. 
 
 Certificate of Marriage. 
 
 This is to certify, that on the first day of January, in the year 
 of our Lord, one thousand eight hundred and forty-four, before 
 me, J. P., Esquire, one of the Justices of the Peace, in and for 
 the county of Berks, J. L., of the township of Bern, in the said 
 county, yeoman, and H. S., of the borough of Reading, in the
 
 208 MECHANICS' LIEN. 
 
 county aforesaid, spinster, were legally joined in marriage ; each 
 of them being of full age, and declaring themselves free, respec- 
 tively, from prior engagements, or other lawful impediments. In 
 witness whereof, as well they, the said J. L. and H. S., (she 
 assuming the name of her said husband,) as I, the said justice, 
 and other the witnesses present, have hereunto subscribed our 
 names the day and year aforesaid. 
 
 MECHANICS' LIEN. 
 
 Remarks. , 
 
 In nearly all the counties of this commonwealth, mechanics 
 and material men are allowed to file their claims against build- 
 ings erected by them, and thus obtain a lien against the building 
 for the amount due to them. 
 
 The mechanics' lien law is such by Act of Assembly, and must 
 be strictly pursued. The Act of Assembly of the 16th June, 1836, 
 Pamph. L. p. 695, requires that every person entitled to such lien, 
 shall file a claim or statement of his demand, in the office of the 
 Prothonotary of the Court of Common Pleas of the county in 
 which the building may be situated. 
 
 Every claim so filed, must set forth : first, the names of the 
 party claimant, and the owner or reputed owner of the building, 
 and also of the contractor, architect or builder, where the contract 
 of the claimant was made, with such contractor, architect or 
 builder. Second, the amount or sum claimed to be due, and the 
 nature or kind of the work done, or the kind and amount of ma- 
 terials furnished, and the time when the materials were furnished, 
 or the work was done, as the case may be. Third, the locality of 
 the building, and the size and number of the stories of the same, 
 or such other matters of description as shall be sufficient to iden- 
 tify the same. The said act further provides that in every case 
 in which one claim for materials shall be filed by the person pre- 
 ferring the same, against two or more buildings, owned by the 
 same person, the person filing such joint claim shall, at the same 
 time, designate the amount which he claims to be due to him on 
 each of such buildings, otherwise such claim shall be postponed 
 to other lien creditors, and the lien of such claimant shall not 
 extend beyond the amount so designated, as against other credit- 
 ors having liens by judgment, mortgage, or otherwise. The lien 
 will continue until the expiration of six months after the work 
 shall have been finished, or materials furnished, but no longer, 
 unless a claim be filed within that period of time. Materials fur- 
 nished for a building, though not used in its erection, constitute a 
 lien. 2 S. & R. 170, 12, ib. 303. And although used, if not ex- 
 pressly furnished for the building, no lien is acquired. 16 S. & R.
 
 MECHANICS' LIEN. 209 
 
 56. And a lien is not affected by an agreement by the claimant 
 with the owner to receive payment in materials instead of money; 
 14 S. & R. 33. No lien is acquired where several houses, though 
 adjoining, are erected by the same architect and at the same time, 
 on lots owned by different persons, if the materials are furnished 
 for the whole indiscriminately. 6 S. & R. 512. But otherwise, if 
 the lots are owned by the same person. 5 R. 291. A contractor, 
 being the builder, and a contractor under him, not recognized by 
 the owner, cannot unite as partners in filing a claim for their work 
 against the building. The sub-contractor, in such case, should file 
 a separate claim for his work against the owner and builder with 
 whom he contracted. 8 W. 478. On a claim filed by a mechanic 
 under the act of 1836, one who erected the building, and was 
 the owner at the time the work was done, may be named as con- 
 tractor ; and one who purchased the building after the work was 
 done, but before the filing of the claim, may be joined as owner. 
 5 Wharton, 366. Where the work done by the plaintiff consisted 
 of the raising of a frame building, which had been previously 
 occupied by a family, and building a basement story of stone 
 under it, it was held that this was not an erection or construction 
 within the act, so as to give the plaintiff a lien. Miller vs. Oli- 
 ver, 8 W. 514. 
 
 Form of claim by a House-carpenter, against one who is Owner 
 and Contractor, for Work and Materials for a Building. 
 
 John Jones } Jn tfae C(mrt of Common pleas of Lancaster 
 
 vs. 
 
 3-3 
 
 William Burns. $ Count y> No ' 10 of Au ^ ust Term > 1844 ' 
 
 John Jones, house-carpenter, of the county of Lancaster, files 
 this his claim for the payment of one hundred dollars and fifty 
 cents, against all that certain two story brick building, situate in 
 street, between and street, in the city of Lan- 
 caster in the said county, containing in front on said street, 
 
 twenty-four feet, and in depth thirty-six feet, and the lot or piece 
 of ground and curtilage appurtenant to said building ; the said 
 sum of one hundred dollars and fifty cents, being a debt contracted 
 for work, viz., carpenter's work, &c., and materials, viz : lumber, 
 ironmongery, oils, paints, &c., done and furnished by the said 
 John Jones, within six months last past, for and about the erec- 
 tion and construction of said building and appurtenances, of which 
 the said William Burns was, and is the owner or reputed owner, 
 and at his instance and request, he being the contractor, architect 
 and builder thereof; and the said John Jones claims to have a 
 lien on the said building, and the lot or piece of ground and cur- 
 tilage appurtenant to the said building from the commencement 
 thereof, for the sum aforesaid, according to the Act of Assembly 
 in such case made and provided : and the said claimant hereto
 
 210 MECHANICS' LIEN. 
 
 annexes a bill of particulars of the amount of his said debt show- 
 ing the nature and kind of work done, the kind and amount of 
 materials furnished, and the time when said work and materials 
 were done and furnished. JOHN JONES. 
 
 Plaintiff 's Sill of Particulars. 
 
 William Burns, 
 
 To John Jones, Dr. 
 
 1844, May 10, To 1 six panel front door - $6 00 
 
 " 24, " 8 inside doors and 2 outside back 
 
 doors at $2 - 20 00 
 
 26, " Iron hangings for 11 doors, at $1 11 00 
 
 " June 24, " 34 days carpenter's work, finish- 
 ing inside, at $1 50 - 52 00 
 " " 30 Ibs. nails used in finishing the 
 
 same, at 5 cents 1 50 
 
 " " 1000 feet lumber used in finishing 
 
 the same - - - - - 10 00 
 
 Total $100 50 
 
 JOHN JONES. 
 
 Form of a claim filed by a House-carpenter against William 
 Burns, owner, and Samuel Dean contract or, for work and 
 materials for a Building. 
 
 John Jones ^ In the Court of Common 
 
 vs. V Pleas of Erie County, No. 
 
 William Burns & Samuel Dean. 3 9 of February Term, 1844. 
 John Jones, of the county of Erie, house-carpenter, files this his 
 claim for the payment of the sum of eighty-five dollars and sixty 
 cents, all that certain two story frame building, situate in Holland 
 street, between fifth and sixth streets, in the borough of Erie, in the 
 county aforesaid, containing in front on said Holland street, twenty- 
 lour feet, and in depth thirty-two feet, and the lot or piece of ground 
 and curtilage appurtenant to said building; the said sum of eighty- 
 five dollars and sixty cents being a debt contracted for work, viz : 
 carpenter's work, &c., and materials, viz : lumber, paints, oils, 
 &c., done and furnished by the said John Jones, within six months 
 last past, for and about the erection and construction of the 
 said building and appurtenances, of which the said William 
 Burns is owner or reputed owner, and the said Samuel Dean the 
 architect, builder and contractor for the said work and materials, 
 at whose instance and request they were done and furnished as 
 aforesaid : and the said John Jones claims to have a lien on the 
 said building, and lot or piece of ground and curtilage appurte-
 
 MECHANICS' LIEN. 211 
 
 nant to said building, from the time of its commencement, for the 
 sum aforesaid, according to the Act of Assembly in such case 
 made and provided; and said claimant hereto annexes a bill of 
 particulars of the amount of his said debt, showing the nature and 
 kind of work done, the kind and amount of materials furnished 
 and the time when said work was done, and the said materials 
 furnished as aforesaid. JOHN JONES. 
 
 (Plaintiff's bill annexed.) 
 
 Form of claim filed by a Brickmaker against one who is 
 owner and contractor, for materials furnished for one 
 building. 
 
 ( In the Court of Common Pleas of Erie Coun- 
 
 William Burns. ] *> No ' 24 of Au llst Term > 1844 ' 
 
 John Jones, brickmaker, of the county of Erie, claims in his 
 own right, a lien for the payment of the sum of two hundred dol- 
 lars, against all that certain two story brick building, (or messuage 
 and tenement,) situate in French street, between ninth and tenth 
 streets, in the borough of Erie, in the county aforesaid, contain- 
 ing in front on said French street, twenty-four feet, and in depth 
 thirty-two feet, and the lot or piece of ground and curtilage appur- 
 tenant to said building ; the said sum of two hundred dollars being 
 a debt contracted for materials, viz : bricks furnished by the said 
 John Jones, within six months last past, for and about the erec- 
 tion and construction of the said building, of which the said Wil- 
 liam Burns was and is the owner or reputed owner, and at his 
 instance and request, he being the contractor, architect and 
 builder thereof; and the said claimant hereto annexes a bill of 
 particulars of the amount of his said debt, showing the kind and 
 amount of materials furnished, and the time when said materials 
 were furnished as aforesaid. JOHN JONES. 
 
 Plaintiff's Bill of Particulars. 
 William Burns, 
 
 To John Jones, Dr. 
 
 1844, May 20, To 50 thousand brick, at $4 $200 00 
 
 JOHN JONES. 
 
 Form of claim filed by a Brickmaker against William Burns, 
 owner, and Samuel Dean,contractor, for materials furnished 
 for one building. 
 
 John Jones } In the Court of Common Pleas 
 
 vs. \- of Erie County, No. 42 of 
 
 William Burns & Samuel Dean. ) August Term, 1844. 
 
 John Jones, brickmaker, of the county of Erie, files this his 
 claim in his own right, for materials, viz : bricks furnished for
 
 212 MECHANICS' LIEN. 
 
 and about the erection and construction of a certain two story 
 brick building, situate in Ninth street, between State and Peach 
 streets, in the borough of Erie in the county aforesaid, containing 
 in front on said Ninth street, twenty-four feet, and in depth thirty- 
 six feet, of which William Burns was and is the owner or reputed 
 owner, and Samuel Dean the architect, builder and contractor for 
 said materials, furnished by the said John Jones, within six 
 months last past, to said building, at the instance and request of 
 the said Samuel Dean, contractor. This claim is filed as well 
 against said building as against the lot or piece of ground and 
 curtilage appurtenant to the same : and the said John Jones 
 annexes hereto a statement of the particulars of the amount of 
 his said debt, showing the kind and amount of materials furnished, 
 and the time when said materials were furnished. 
 (Plaintiff's bill annexed.) 
 
 Form of claim filed against William Burns, owner, and 
 Samuel Dean, contractor, by a Brick layer, for work. 
 
 John Jones ^ In the Court of Common Pleas 
 
 vs. > of Erie County, No. .21 of 
 
 William Burns & Samuel Dean. ) August Term, 1844. 
 
 John Jones, bricklayer, of the County of Erie, files this his claim 
 in his own right for work, viz : bricklayer's work, done for and 
 about the erecting and constructing of a certain two story brick 
 building, situate, &c., [here describe the size, situation and bounda- 
 ries, or other description of the building,] in the township of , 
 
 in the county aforesaid, of which William Burns was and is the 
 owner or reputed owner, and Samuel Dean the architect, builder 
 and contractor for said work, done by the said John Jones, within 
 six months last past, to the said building at the instance and re- 
 quest of the said Samuel Dean, contractor. This claim is filed, as 
 well against the said building, as against the lot or piece of ground 
 and curtilage appurtenant to the same ; and the said John Jones 
 annexes hereto a statement of the particulars of the amount of his 
 said debt, showing the nature and kind of work done, and the 
 time when the said work was done, as aforesaid. 
 
 (Plaintiff's bill annexed.) JOHN JONES. 
 
 Form of claim filed against one tvho is owner and contractor, 
 by a Bricklayer, for work. 
 
 John Jones IQ the Court Qf ^ for ^ County of } 
 
 WH- v *'-o V Term , No. . 
 
 William Burns. ) 
 
 John Jones, of the County of , bricklayer, claims in his 
 
 own right, a lien for the payment of the sum of dollars,
 
 MECHANICS' LIEN. 213 
 
 against all that certain story brick house (or building) situate 
 
 (describing the situation and size of the building) in the of 
 
 , in the county aforesaid, and the lot or piece of ground and 
 
 curtilage appurtenant to said building : the said sum of dol- 
 lars being a debt contracted for work, viz., bricklaying, &c., done 
 by the said John Jones within six months last past, for and about 
 the erection and construction of the said buildings, of which the 
 said William Burns was and is the owner or reputed owner, and 
 at his instance and request, he being the contractor, architect and 
 builder thereof; and said claimant hereto annexes a bill of par- 
 ticulars of the amount of his said debt, showing the nature and 
 kind of work done, and the time when said work was done, as 
 aforesaid. 
 
 (Plaintiff's bill annexed.) 
 
 Form of claim filed by a Lumberman against one ivho is 
 owner and contractor, for lumber furnished for one building, 
 
 John Jones IQ the Court of Common pi eas of Erie County, 
 
 Willianf Burns. \ No ' 64 of Au ^ ust Term ' 1844 ' 
 
 John Jones, lumber-merchant, of the County of Erie, files this 
 his claim for the payment of the sum of one hundred dollars, 
 against all that certain two story frame messuage and tenement, 
 
 situate in the township of in the county aforesaid, on the 
 
 north side of road, containing on said road twenty-four feet, 
 
 more or less, and in depth about thirty-six feet, [or otherwise de- 
 scribing its situation, boundaries, &c.,] and the lot or piece of 
 ground and curtilage appurtenant to said building ; the said sum 
 of one hundred dollars being a debt contracted for materials, viz., 
 lumber, furnished by the said John Jones within six months last 
 past, for and about the erection and construction of the said build- 
 ing, of which the said William Burns was and is the owner or 
 reputed owner, and at his instance and request, he being the con- 
 tractor, architect and builder thereof; and the said John Jones 
 claims to have a lien for the aforesaid sum of one hundred dollars 
 on the said building and lot or piece of ground and curtilage ap- 
 purtenant thereto, from its commencement, according to the Act 
 of Assembly in such case made and provided : .And said claimant 
 hereto annexes a bill of particulars of the amount of the said debt, 
 showing the kind and amount of materials furnished, and the time 
 when said materials were furnished. JOHN JONES. 
 
 (Plaintiff's bill annexed.)
 
 214 MECHANICS' LIEN. 
 
 Form of claim filed by a Lumberman against William Burns, 
 owner, and Samuel Dean, contractor, for lumber furnished 
 for one building. 
 
 John Jones ^ In the Court of Common Pleas 
 
 vs. \ of Erie County, No. 34 of 
 
 William Burns & Samuel Dean. ) May Term, 1844. 
 
 John Jones, lumber-merchant, of the County of Erie, files this 
 his claim, for the payment of the sum of two hundred dollars, 
 against all that certain two story frame messuage and tenement, 
 
 situate in the township of , in the county aforesaid, on the 
 
 south side of the road, containing in front on said road thirty 
 
 feet, more or less, and in depth about twenty-four feet and the lot 
 or piece of ground and curtilage appurtenant to said building ; the 
 said sum of two hundred dollars being a debt contracted for ma- 
 terials, to wit, lumber, furnished by the said John Jones within 
 six months last past, for and about the erection and construction 
 of the said building, of which William Burns was and is the 
 owner, and the said Samuel Dean the architect, builder and con- 
 tractor for the said materials, at whose instance and request they 
 were furnished and provided as aforesaid; and the said John 
 Jones claims to have a lien for the aforesaid sum, on the said 
 building and lot or piece of ground, and curtilage appurtenant to 
 said building, from the commencement of the same, according to 
 the Act of Assembly in such case made and provided ; and said 
 claimant hereto annexes a bill of particulars of the amount of the 
 said debt, showing the kind and amount of materials furnished, 
 and the time when said materials were furnished. 
 
 (Plaintiff's bill annexed.) JOHN JONES. 
 
 Form of claim by a Painter and Glazier, against one ivho is 
 owner and contractor, for work and materials for one 
 building. 
 
 John Jones IQ the Court of Common p]eas of Erie County, 
 
 William Burns. { No ' 12 of Ma ? Term > 1844 ' 
 
 John Jones, painter and glazier, of the County of Erie, files this 
 his claim for the payment of fifty dollars, against all that certain 
 two story frame building, messuage and tenement, situate, [de- 
 scribe the boundaries, &c., according to the other forms,] and the 
 lot or piece of ground and curtilage appurtenant to said building ; 
 the said sum of fifty dollars being a debt contracted for work, viz., 
 painting' and glazing, and materials, viz., paint, glass, putty, &c. 
 done and furnished by the said John Jones, within six months 
 last past, to, in and about the erection and construction of the said 
 building and appurtenances, of which the said William Burns 
 was and is the owner, or reputed owner, and at his instance and 
 request, he being the contractor, architect and builder thereof :
 
 MECHANICS' LIEN. 215 
 
 And the said John Jones claims to have a lien on the said building 
 and lot or piece of ground and curtilage appurtenant to said build- 
 ing, from the commencement thereof, for the sum aforesaid, ac- 
 cording to the Act of Assembly in such case made and provided ; 
 and said claimant hereto annexes a bill of particulars of the amount 
 of his said debt, showing the nature and kind of work done, the 
 kind and amount of materials furnished, and the time when said 
 work was done and materials furnished. JOHN JONES. 
 
 (Plaintiff's bill annexed.) 
 
 Form of claim by a Painter and Glazier, against William 
 Burns, owner, and Samuel Dean, contractor, for work and 
 materials for one building. 
 
 John Jones ^ In the Court of Common Pleas 
 
 vs. V of Erie County, No. 24 of 
 
 William Burns & Samuel Dean. ) May Term, 1844. 
 
 John Jones, painter and glazier, of the County of Erie, files this 
 his claim, for the payment of the sum of one hundred dollars, 
 against all that certain two story building, situate in, &c., [describe 
 the building, &c,, as in other forms,] and the lot or piece of ground 
 and curtilage appurtenant to said building ; the said sum of one 
 hundred dollars being a debt contracted for work, viz., painting 
 and glazing, and materials, viz., paint, glass, putty, &c., done and 
 furnished by the said John Jones within six months last past, to, 
 in and about the erection and construction of the said building 
 and appurtenances, of which the said William Burns was and is 
 the owner or reputed owner, and Samuel Dean, the architect, 
 builder and contractor for the said work and materials, at whose 
 instance and request they were done, furnished and provided as 
 aforesaid ; and the said John Jones claims to have a lien on the 
 said building and lot or piece of ground, and curtilage appurtenant 
 to said building, from the commencement thereof, for the sum 
 aforesaid, according to the Act of Assembly in such case made and 
 provided ; and said claimant hereto annexes a bill of particulars 
 of the amount of his said debt, showing the nature and kind of 
 work done, the kind and amount of materials furnished, and the 
 time when said work was done and materials furnished. 
 
 (Plaintiff's bill annexed.) JOHN JONES. 
 
 Form of claim filed by a Brickmaker against one who is 
 owner and contractor, for materials furnished for two or 
 more buildings where the amount claimed is equally divided. 
 
 John Jones Jn tfae Com>t of Commoa pleas of Erie County, 
 No. 24 of May Term, 1844. 
 
 William Burns. 
 
 John Jones, brickmaker, of the County of Erie, files this his 
 claim for the payment of five hundred dollars, against all those
 
 216 MECHANICS' LIEN. 
 
 two certain two story brick houses (or buildings), situate in the 
 borough of Erie, in the county aforesaid, On Peach street, between 
 Ninth and Tenth streets, each house being about twenty feet in 
 front on said Peach street, and in depth thirty feet, and the lots or 
 pieces of ground and curtilages appurtenant to said buildings ; 
 the said sum of five hundred dollars being a debt contracted for 
 materials, viz., bricks, furnished and provided by the said John 
 Jones, within six months last past, for and about the erection and 
 construction of the said buildings, of which the said William 
 Burns was and is the owner or reputed owner, and at his instance 
 and request, he being the contractor, architect and builder thereof: 
 and the amount claimed to be due on each of the said buildings, 
 for materials furnished and provided as aforesaid, is two hundred 
 and fifty dollars, which the said claimant hereby designates ac- 
 cording to the Act of Assembly in such case made and provided, 
 and claims to have a lien for on the said buildings and appurte- 
 nances from the commencement of the same ; and said claimant 
 hereto annexes a bill of particulars of his said debt, showing the 
 kind and amount of materials furnished, and the time when said 
 materials were furnished as aforesaid. JOHN JONES. 
 
 (Plaintiff's bill annexed.) 
 
 Form of claim filed by a Brickmaker, against one who is 
 owner and contractor, for materials furnished for two or 
 more, buildings, where the amount claimed is unequally 
 divided. 
 
 John Jones In the Court for the County of ^ 
 
 Term, , No. 
 
 vs. 
 William Burns. ^ 
 
 John Jones, brickmaker, of the County of , files this his 
 
 claim for the payment of the sum of dollars and cents. 
 
 against all those certain brick houses, situate in the of 
 
 , in the county aforesaid, in street, between and 
 
 streets, and the lots or pieces of ground and curtilages ap- 
 purtenant to said buildings: being a debt contracted for mate- 
 rials, viz., bricks, furnished by the said John Jones within six 
 months last past, for and about the erection and construction of 
 the said buildings, of which the said William Burns was and is 
 the owner or reputed owner, and at his instance and request, he 
 being the architect, contractor and builder thereof; and the said 
 John Jones hereby designates the amount he claims to be due to 
 him for the same on each of the said buildings, as follows, viz., on 
 the northernmost of the said buildings, which is a three story (or 
 
 as the case may be) brick house, feet in front on said 
 
 street, by feet in depth, and the lot or piece of ground and 
 
 curtilage appurtenant to said building, the sum of thousand 
 
 dollars and cents ; on the southernmost of said buildings,
 
 MECHANICS' LIEN. 217 
 
 which is a two story (or as the case may be) brick, feet in 
 
 front on said street, by feet in depth, and the lot or 
 
 piece of ground and curtilage appurtenant to said building, the 
 
 sum of hundred dollars and cents, according to the Act 
 
 of Assembly in such case made and provided ; and claims to have 
 a lien on said building and appurtenances thereto for the same 
 from the time of their commencement ; and said claimant hereto 
 annexes a bill of particulars of the amount of his debt, showing 
 the kind and amount of materials furnished, and the time when 
 said materials were furnished as aforesaid. 
 (Plaintiff's bill annexed.) 
 
 Form of claim filed by a Brickmaker, against William Sums, 
 owner, and Samuel Dean, contractor, for materials fur- 
 nished for two or more buildings, where the amount claimed 
 is unequally divided. 
 
 John Jones ^ In the Court of Common Pleas 
 
 vs. V of Erie County, No. 36, No- 
 
 William Burns & Samuel Dean. ) vember Term, 1844. 
 
 John Jones, brickmaker, of the County of Erie, files this his 
 claim for the payment of the sum of four hundred dollars, against 
 all those two certain brick houses, situate in the borough of Erie, 
 in the county aforesaid, the one in Peach street, between Ninth 
 and Tenth streets, the other in Tenth street, between State and 
 Peach streets, and the lots or pieces of ground and curtilages ap- 
 purtenant to the said buildings ; being a debt contracted for ma- 
 terials, viz., bricks, &c., furnished by the said John Jones within 
 six months last past, for and about the erection and construction 
 of the said buildings, of which the said William Burns was and 
 is the owner or reputed owner, and Samuel Dean the architect, 
 builder and contractor for said materials, at whose instance and 
 request they were furnished as aforesaid : And the said John 
 Jones hereby designates the amount fie claims to be due to him 
 for the same, on each of the said buildings, as follows : viz., on 
 the said house in Peach street, between Ninth and Tenth streets, 
 which is a three story brick house, twenty-four feet in front on 
 said Peach street, by thirty-six in depth, and the lot or piece of 
 ground and curtilage appurtenant to said building, the sum of two 
 hundred and fifty dollars ; on the said house in Tenth street, be- 
 tween State and Peach streets, which is a two story brick house, 
 twenty feet in front on said Tenth street, by thirty feet in depth, 
 and the lot or piece of ground and curtilage appurtenant to said 
 building, the sum of one hundred and fifty dollars ; according to 
 the Act of Assembly in such case made and provided, and claims 
 to have a lien on the said buildings and appurtenances for the 
 same, from the time of their commencement : And said claimant 
 T
 
 218 MECHANICS' LIEN. 
 
 hereto annexes a bill of particulars of the amount of his said debt, 
 showing the kind and amount of materials furnished, and the time 
 when said materials were furnished, as aforesaid. 
 
 (Plaintiff's bill annexed.) JOHN JONES. 
 
 Form of claim filed by Lumber-merchants (partners) against 
 one who is owner and contractor, for lumber furnished for 
 two or more buildings, where the amount claimed is une- 
 qually divided. 
 
 A. B. & C. D., lumber-merchants, "| 
 
 in co-partnership, trading un- I In the Court for the Coun- 
 
 der the firm of A. B. & Co. . \- ty of , Term 18, 
 
 vs. No. . 
 
 E. F. 
 
 A. B. & C. D., lumber-merchants, in co-partnership, trading 
 
 under the firm of A. B. & Co., of the county of , file this their 
 
 claim, for the payment of the sum of dollars and cents. 
 
 against all those certain houses situate in the of , in the 
 
 county aforesaid, in street, between and streets, 
 
 Nos. and , and the lots or pieces of ground and cur- 
 tilages appurtenant to said buildings ; being a debt contracted for 
 materials, to wit : lumber furnished by the said A. B. & C. D., 
 within months last past, for and about the erection and con- 
 struction of the said buildings, of which the said E. F. was and is 
 the owner or reputed owner, and at his instance and request, he 
 being the architect, contractor and builder thereof : and the said 
 A. B. & C. D. hereby designate the amount they claim to be due 
 to them for the same, on each of the said buildings, as follows, 
 viz., on the northernmost of the said buildings, which is a three 
 
 story (or as the case may be) brick house, feet in front on 
 
 said street, by feet in depth, and the lot or piece of 
 
 ground and curtilage appurtenant to said building, the sum of 
 dollars and cents : on the southernmost of said build- 
 ings, which is a two story^or as the case may be) brick, 
 
 feet in front on said street, by feet in depth, and the 
 
 lot or piece of ground and curtilage appurtenant to said building, 
 
 the sum of dollars and cents, according to the Act of 
 
 Assembly in such case made and provided ; and claim to have a 
 lien on said buildings and appurtenances thereto for the sum afore- 
 said, from the time of their commencement : and said claimants 
 hereto annex a bill of particulars of the amount of their said debt, 
 showing the kind and amount of materials furnished, and the time 
 when said materials were furnished, as aforesaid. 
 
 (Plaintiffs' bill annexed.)
 
 MORTGAGE. 219 
 
 MORTGAGE. 
 
 Remarks. 
 
 Mortgages are of several kinds. As they concern the kind of 
 property mortgaged, they are mortgages of lands, tenements and 
 hereditaments ; or of goods and chattels. As they effect the title 
 of the thing mortgaged, they are legal and equitable. A legal 
 mortgage of lands may be described to be a conveyance of lands 
 by a debtor to his creditor as a pledge and security for the repay- 
 ment of a sum of money borrowed, or performance of a covenant, 
 with a proviso, that such conveyance shall be void on payment 
 of the money and interest on a certain day, or the performance of 
 such covenant by the time appointed, by which the conveyance 
 of the land becomes absolute at law, yet the mortgagor has an 
 equity of redemption, that is, right in equity on the performance 
 of the agreement within a reasonable time, to call for a re-convey- 
 ance of the land. Cruise, Dig. t. 15, c. 1, s. 1 1 ; 1 Pow. on Mort. 4. 
 
 As to the form, such a mortgage must be in writing when it is 
 intended to convey the legal title. 1 Penn. R. 240. It is either 
 in one single deed which contains the whole contract, and which 
 is the usual form, or it is two separate instruments, the one con- 
 taining an absolute conveyance, and the other a defeasance. 2 
 Johns. Ch. R. 189; 15 Johns. R. 555; 2 Greenl. R. 152; 12 Mass. 
 456. 
 
 As the money borrowed on mortgage is seldom paid on the day 
 appointed, mortgages are now become entirely subject to our 
 courts, where it is an established rule thgg the mortgagee holds 
 the estate merely as a pledge or security for the re-payment of his 
 money ; therefore a mortgage is considered in equity as personal 
 estate. The mortgagor is held to be the real owner of the land, 
 the debt being considered the principal, and the land the acces- 
 sory. Whenever the debt is discharged, the interest of the mort- 
 gagee in the'lands determines of course. The Act of Assembly 
 of 28th March, 1820, 7 Smith, p. 303, declares that all mortgages 
 shall have priority according to the date of recording the same, 
 without regard to the time of making or executing the same. And 
 no mortgage or defeasible deed in the nature of a mortgage, shall 
 be a lien, until such mortgage or defeasible deed shall have been 
 recorded, or left for record. There is also another act of 28th 
 May, 1715, 1 Smith, p. 94, which requires all deeds and mort- 
 gages to be recorded within six months after the date thereof. 
 The following are some of the decisions of the Supreme Court of 
 Pennsylvania on these Acts of Assembly. The recording of a 
 mortgage amounts to. a constructive notice to all men, and super- 
 sedes the necessity of express personal notice. 1 D. 435; 1 Y. 172. 
 A mortgage not recorded within six months, according to the pro-
 
 220 MORTGAGE. 
 
 visions of the acts of 1715 and 1775, is good against the mort- 
 gagor. 1 D. 430. 
 
 A mortgage, though not recorded according to the Act of As- 
 sembly, is good against a purchaser, who knew of the existence 
 of the mortgage at the time of his purchase. 4 D. 153. 
 
 A mortgage not recorded within six months, gave no lien under 
 the acts of 1715 and 1775, against a subsequent judgment creditor. 
 7 S. & R. 286. But it seems such mortgage would have been a 
 lien if recorded before the entry of a judgment, although after the 
 six months. Same 292-3. 
 
 If a second purchaser from the original grantor have notice of 
 the existence of the first deed and defeasance, he is in equity 
 bound to the same extent as the grantor, 7 W. 261. But the law 
 is otherwise as respects a judgment creditor and the purchaser 
 under an execution on such judgment ; since a judgment has pri- 
 ority over an unrecorded mortgage, 7 W. 261. When a mortgage 
 is payable by instalments, every payment made upon it should 
 be receipted upon the record of the mortgage in the office, as they 
 are severally made. 
 
 An equitable mortgage of lands is one where the mortgagor does 
 not convey regularly the land, but does some act by which he 
 manifests his determination to bind the same for the security of a 
 debt he owes. An agreement in writing to transfer an estate as a 
 security for the repayment of a sum of money borrowed, or even 
 a deposit of title deeds, and a verbal agreement will have the same 
 effect of creating an equitable mortgage. 1 Rawle, R. 328 ; 5 
 Wheat. R. 284; 1 Cox's R. 211. 
 
 A mortgage of goods is distinguishable from a mere pawn. By 
 a grant or conveyance-of goods in a gage or mortgage, the whole 
 legal title passes conditionally to the mortgagee, and if not redeem- 
 ed at the time stipulated, the title becomes absolute at law, though 
 equity will interfere to compel a redemption. But in a pledge, a 
 special property only passes to the pledgee, the general property 
 remaining in the pledger. There have been some cases of mort- 
 gages of chattels, which have been held valid without any actual 
 possession in the mortgagee ; but they stand upon very peculiar 
 grounds, and may be deemed exceptions to the general rule. 2 
 Pick. R. 607; 5 Pick. R. 59; 5 Johns. R. 261. See 12 Mass. R. 
 300; 4 Mass. R. 352; 6 Mass. R. 422; 15 Mass. R. 477; and 
 Powell on Mortgages. 
 
 The remedies on a legal mortgage in Pennsylvania are various. 
 1st, by ejectment; 2d, by scire facias; 3d, by debt on the bond 
 accompanying the mortgage, and on some by covenant. But 
 nothing more than debt, interest and cost can be recovered by 
 scire facias, or action of debt.
 
 MORTGAGE. 221 
 
 t/2 Mortgage of Indemnity to Bail. 
 
 This indenture, made the tenth day of May, A. D. one thousand 
 
 eight hundred and forty-four, between A. B., of ,in the county 
 
 of - and State of Pennsylvania, of the one part, and C. D. 
 and E. F. , of, &c., of the other part : Whereas the real estate of 
 C. B., late of, &c., deceased, father of the aforesaid A> B., has lately 
 been valued, under a writ of partition or valuation, issued out of the 
 Orphans' Court of Berks county, aforesaid, at the sum of twelve 
 hundred dollars, and has been adjudged to the aforesaid A. B., eldest 
 son of the said C. B., deceased: And whereas, the said C. D. and E. 
 F. were approved of by the court aforesaid, as sureties of the said 
 A. B., and have this day become bound with him in four bonds 
 or writings obligatory, bearing even date herewith, to wit : in one 
 bond to G. H., intermarried with M. [late M. B.] in the sum of 
 four hundred dollars, lawful money of the United States, condi- 
 tioned for the payment of two hundred dollars in like money, on 
 or before the first day of January next ensuing the date thereof: 
 'and the further sum of one hundred dollars, at arid immediately 
 after the decease of N., widow of the said C. B., deceased, the 
 said sums being the said M.'s share of the valuation money afore- 
 said ; in one other bond to D. B., a son of the said C. B., deceased, 
 in the same sum aforesaid, and conditioned for the payment 
 thereof, in like manner and at the time aforesaid, being his share, 
 &c., [here mention the* two other bonds in a similar manner,] 
 the whole sum for which the said C. D. and E. F. have become 
 bound as aforesaid, with the said A. B., being twelve hundred 
 dollars, and being also for the proper debt or debts of the said A. B. 
 
 Now this indenture witnesseth, that the said A. B., for and in 
 consideration of the sum of one dollar, to him in hand paid by 
 the said C. D. and E. F., and for the purpose of securing and in- 
 demnifying the said C. D. and E. F., and each of their heirs, execu- 
 tors and administrators, for or on account of the suretiship afore- 
 said, hath granted, bargained, sold, released and confirmed, and by 
 these presents doth grant, bargain, sell, release and confirm, unto 
 the said C. D. and E. F., and to their heirs and assigns, all that 
 messuage, &c. [Here describe the premises.] Together with all 
 and 'singular the buildings, improvements, ways, woods, waters, 
 water-courses, rights, liberties, privileges, hereditaments and appur- 
 tenances whatsoever, thereunto belonging, or in anywise apper- 
 taining, and the reversions and remainders, rents, issues and profits 
 thereof: To have and to hold the said messuage, &c., heredita- 
 ments arid premises hereby granted, or mentioned or intended so 
 to be, with the appurtenances, unto the said C. D., his heirs and 
 assigns, to the only proper use and behoof of the said C. D., his 
 heirs and assigns forever. Provided always nevertheless, that if 
 the said A. B., his heirs, executors, administrators, or any of them, 
 shall and do well and truly pay, or cause to be paid, unto the said
 
 222 MORTGAGE. 
 
 G. H.,. D. B., &c., the said sums mentioned in the said bonds, [or 
 notes, as the case may be,] or by other lawful means, save, keep 
 harmless and indemnified, the said C. D., and E. F., their heirs, 
 executors and administrators, from the payment of the said bonds, 
 and all costs, damages or charges, as sureties aforesaid, [or as 
 endorsers of the said note, as the case may be] then and from 
 thenceforth, as well this present indenture, and the estate hereby 
 granted, as the said recited obligation, shall cease and determine, 
 and become absolutely null and void, any thing herein contained 
 to the contrary notwithstanding. In witness whereof, &c. 
 
 Common form of Mortgage for securing the payment of Money 
 due on a Bond. 
 
 This indenture made the twentieth day of April, in the year of 
 our Lord one thousand eight hundred and forty-four, between 
 
 Allen Sisty, of Middletown, in the county of , yeoman, of 
 
 the one part, and John Black, of the city of Hartford, merchant, 
 of the other part : Whereas, the said Allen Sisty, in and by a cer- 
 tain obligation, or writing obligatory, under his hand and seal, 
 bearing even date herewith, stands bound unto the said John 
 Black, in the sum of one thousand dollars, conditioned for the 
 payment of five hundred dollars, on the twentieth day of July, 
 next ensuing the date hereof, with lawful interest for the same, 
 as in and by the said recited obligation and condition thereof, rela- 
 tion being thereunto had, more fully and at large appears. Now 
 this indenture witnesseth, that the said Allen Sisty, as well for 
 and in consideration of the aforesaid debt or sum of five hundred 
 dollars, and for the better securing the payment thereof, with its 
 interest unto the said John Black, his executors, administrators 
 and assigns, in discharge of the said recited obligation, as of the 
 further sum of one dollar, to him in hand paid, by the said John 
 Black, at and before the sealing and delivery hereof, the receipt 
 whereof is hereby acknowledged, hath granted, bargained, sold, 
 released and confirmed, and by these presents doth grant, bargain, 
 sell, release and confirm, unto the said John Black, his heirs and 
 assigns, all that messuage, &c., together with all and singular the 
 buildings, improvements, ways, woods, waters, water-courses, 
 rights, liberties, privileges, hereditaments, and appurtenances 
 whatsover, thereunto belonging, or in anywise appertaining ; and 
 the, reversions and remainders, rents, issues, and profits thereof. 
 To have and to hold the said messuage, &c., hereditaments and 
 premises hereby granted, or mentioned or intended so to be, with 
 the appurtenances, unto the said John Black, his heirs and assigns, 
 to the only proper use and behoof of the said John Black, his 
 heirs and assigns forever. Provided always, nevertheless, that if 
 the said Allen Sisty, his heirs, executors or administrators, shall 
 and do well and truly pay, or cause to be paid unto the said John
 
 MORTGAGE. 223 
 
 Black, his executors, administrators or assigns, the aforesaid debt 
 or sum of five hundred dollars, on the day and time hereinbefore 
 mentioned and appointed for payment thereof, with lawful inte- 
 rest for the same, according to the condftion of the said recited obli- 
 gation, without fraud or further delay, and without any deduction, 
 defalcation, or abatement to be made of any thing for, or in re- 
 spect of, any taxes, charges or assessments whatsoever, then and 
 from thenceforth, as well this present indenture, and the estate 
 hereby granted, as the said recited obligation, shall cease, deter- 
 mine, and become absolutely null and void, to all intents and pur- 
 poses, any thing hereinbefore contained to the contrary in any- 
 wise notwithstanding. In witness whereof, &c. 
 
 For continuing a Mortgage by Indorsement. 
 
 Whereas the within-named Philip Green hath advanced and 
 lent unto the within-named Isaac Wallace the further sum of five 
 hundred dollars, the receipt whereof the said Isaac Wallace doth 
 hereby acknowledge, and thereupon the said Isaac Wallace hath 
 entered into one bond or writing obligatory, under his hand and 
 seal, bearing even date with these presents, to the said Philip 
 Green, in the penal sum of one thousand dollars, in lawful money 
 of the United States, with condition thereunder written, for mak- 
 ing the same void, upon payment unto the said Philip Green, his 
 executors, administrators or assigns, of the sum of five hundred 
 dollars, of like lawful money, with interest for the same, after the 
 
 rate of , on the day of , as in and by the said bond 
 
 or writing obligatory, and the condition thereof, relation being 
 thereunto had may more fully appear. Now know ye, that as 
 well for the better securing and more sure payment unto the said 
 Philip Green, his executors, administrators and assigns, of the said 
 
 further sum of five hundred dollars, and interest on the said 
 
 day of next ensuing, according to the true intent and mean- 
 ing of the said recited bond or obligation, he, the said Isaac Wal- 
 lace, doth hereby for himself, his heirs, executors, administrators 
 and assigns, covenant, promise and agree, to and with the said 
 Philip Green, his executors, administrators and assigns, the mes- 
 suages, &c., and all and singular other the premises, with the ap- 
 purtenances, by the within written indenture of demise or mort- 
 gage, mentioned to be granted, bargained, sold, and demised, and 
 every part and parcel thereof, shall stand chargeable, remain, 
 continue, and be a security unto him, the said Philip Green, his 
 executors, administrators and assigns, as well for the payment of 
 the sum of five hundred dollars within mentioned, and the interest 
 thereof, as also for the payment of the said further sum of five 
 hundred dollars, now lent, and advanced as aforesaid, and the 
 interest thereof; and that the said premises, or any part thereof, 
 shall not be redeemed or redeemable, either in law or in equity.
 
 224 MORTGAGE. 
 
 until not only the said sum of five hundred dollars, before lent, 
 and the interest thereof, but also the said sum of five hundred dol- 
 lars, now lent, and the interest thereof shall be paid and satisfied, 
 unto the said Philip Green, his executors, administrators and 
 assigns, according to the true intent and meaning of these presents. 
 In witness whereof, I have hereunto set my hand and affixed 
 my seal, this day of . 
 
 Mortgage to secure endorsers in Bank. 
 
 This indenture, made, &c., [here insert the parties.] Whereas 
 the said C. D. and E. F. have endorsed for the said A. B., a cer- 
 tain promissory note for the sum of five hundred dollars, dated 
 
 the day of last past, and payable months after 
 
 date, which is now discounted at the Bank of , in the city 
 
 of , and which said note it is contemplated to renew from 
 
 time to time ; and the said A. B., being desirous to secure and 
 save the said C. D. and E. F., against all responsibility as endors- 
 ers of the note aforesaid, thereof, this indenture witnesseth, that 
 the said A. B., as well for and in consideration of securing the 
 said endorsers from the payment of the note aforesaid, as the sum 
 of one dollar to him in hand paid, by the said C. D. and E. F., at 
 and before the sealing and delivery hereof, the receipt whereof is 
 hereby acknowledged, hath granted, bargained, sold, released, and 
 confirmed, and by these presents doth grant, bargain, release and 
 confirm, unto the said C. D. and E. F., their heirs and assigns, all 
 that certain messuage, &c., [here describe the premises and recite 
 the title.] Together with all and singular the buildings, improve- 
 ments, ways, woods, waters, water-courses, rights, liberties, privi- 
 leges, hereditaments and appurtenances whatsoever, thereunto 
 belonging, or in anywise appertaining; and the reversions and 
 remainders, rents, issues, and profits thereof. To have and to 
 hold the said messuage, &c., hereditaments and premises hereby 
 granted, or mentioned, or intended so to be, with the appurte- 
 nances, unto the said C. D., his heirs and assigns, to the only pro- 
 per use and behoof of the said C. D., his heirs and assigns, for- 
 ever. Provided always, nevertheless, that if the said A. B., his 
 heirs, executors or administrators, shall and do well and truly pay, 
 or cause to be paid, unto the said bank, the aforesaid promissory 
 
 note for dollars, on the day and time hereinbefore mentioned, 
 
 and appointed for payment thereof, or by other lawful means, 
 save, keep harmless, and indemnified, the said C. D. and E. F., 
 their heirs, executors and administrators, from the payment of the 
 said note, and all costs, damages or charges, as sureties aforesaid, 
 then and from thenceforth, as well this present indenture and the 
 estate hereby granted, as the said recited obligation shall cease, 
 determine, and become absolutely null and void, any thing herein 
 contained to the contrary notwithstanding. 
 
 In witness whereof, &c.
 
 NOTICES. 225 
 
 i/i short Mortgage of Goods. 
 
 Know all men by these presents, that I, A. B., of , gentle- 
 man, in consideration of the sum of dollars, to me paid, by 
 
 C. D., of , Esq., the receipt, &c., have granted, bargained and 
 
 sold, and by these presents do grant, &c., unto the said C. D., all 
 the goods and chattels, wares, effects and merchandise, mentioned 
 and specified in the schedule hereunder written : To have and to 
 hold all and singular the said, &c., unto the said C. D., his execu- 
 tors, administrators and assigns, forever. (Add a covenant to 
 warrant, <*c.) 
 
 Provided, nevertheless, that if I, the said A. B., 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., the sum of , then these presents and every clause, article 
 
 and thing herein contained, shall cease and be void. Other- 
 wise, c. 
 
 In testimony, &c. 
 
 Where. Deeds and Evidences are delivered to Mortgagee upon 
 the execution of the Mortgage the following acknowledgment 
 should be signed. 
 
 I do hereby acknowledge, that the several deeds and evidences 
 comprised in the above-written schedule, were delivered to me 
 
 upon the execution of a mortgage to me for dollars and 
 
 interest, of which the within written is a counterpart. And 
 
 I do hereby promise and undertake that the same shall be de- 
 livered, uncanceled and unaltered, to the within-named W. W., 
 his heirs, executors, administrators or assigns, or as he or they 
 shall direct, upon his or their paying to me, my executors, admi- 
 nistrators or assigns, all principal and interest due on the said 
 mortgage, unless I, my executors, administrators or assigns, shall 
 be prevented or hindered by fire or other inevitable accident. As 
 witness my hand the day and year first within written. 
 
 NOTICES. 
 
 A notice, is the information given of some act done, or the 
 interpellation by which some act is required to be done. No- 
 tices should always be in writing ; they should state, in precise 
 terms, their object, and be signed by the proper person, or his 
 authorized agent, to be dated, and addressed to the person to be 
 effected by them. The notice should be served by leaving a copy 
 with the party to whom it is addressed. With respect to the ne-
 
 226 NOTICES. 
 
 cessity for giving notice, says Mr. Chitty, 1 Pr. 496, the rules of 
 law are most evidently founded on good sense, and so as to ac- 
 cord with the intention of the parties. 
 
 Notice to Respondent of the taking of Depositions in applica- 
 tion for Divorce. 
 
 A. B.,.by her next friend, C. D.,^ In the Common Pleas of , 
 
 vs. V County of , Term 18 . 
 
 E. F. S No. . 
 
 Sur Libel for Divorce. 
 [Here insert the interrogatories.] 
 
 SIR: You will please take notice that the above interrogato- 
 ries, to be addressed to the witnesses, to be produced in this case, 
 
 on the part of the , have been filed, and that the said witnesses 
 
 will be produced, sworn or affirmed, and examined before G. H., 
 Esq., examiner appointed by the said court for that purpose, on 
 
 the day of next, at o'clock, P. M., of that day, 
 
 when and where you may attend, or file cross interrogatories, as 
 you may think proper. 
 
 Notice of the Execution of a Writ of Inquiry. 
 John Jones } IQ the Common pleas of Lancaster County of 
 
 
 William Bums. S May Term, 1844. No. 200. 
 
 SIR: Take notice, that a writ of inquiry of damages will be 
 executed in this cause on - , the - day of - next, at 
 - o'clock, P. M., at the house of - , in the borough of - . 
 
 Notice of the filing of Accounts in Court. 
 
 Public notice is hereby given, that A. B., - of C. D., have 
 filed in the - office in and for the county of - , at - , his 
 final account, as - of the said - , and that the same will be 
 presented to the - court of said county, for confirmation and 
 allowance on - , the - day of - next, at the court house 
 at - , in the county aforesaid. 
 
 Notice to Constable of a desire to vote for an increase of the 
 number of Justices in a District. 
 
 SIR : You are hereby notified, that it is our wish at the next 
 constable election, to be holden in and for the township of ,
 
 NOTICES. 227 
 
 to vote for an increase of the number of justices of the peace in 
 said township. You will please govern yourself accordingly. 
 
 Note. This must be signed by fifty electors in the township 
 or ward, and addressed to , constable of the of . 
 
 Notice of an Election to change the place of holding Township 
 
 Elections. 
 
 To William Graham, Constable of the Township of North East, 
 in the County of Erie, and State of Pennsylvania. 
 
 SIR: The undersigned, qualified electors of the township of 
 North East, in the county and state aforesaid, desirous of chang- 
 ing the place of holding the township election in said township, 
 do hereby require you to give notice thereof to the electors of said 
 township, in pursuance of the requirements of the first division of 
 the fifty-sixth section of the Act relating to elections, pasiffed July 
 2d, A. D. 1839. 
 
 [Signed by the requisite number of voters.] 
 
 Notice, by Constable, of the time and place of holding such 
 
 Election. 
 
 Notice is hereby given, that a meeting of the qualified electors 
 residing within the bounds of the township of North East, will 
 
 be held at , in the said township, on - , the day of 
 
 , A. D. 1844, at o'clock, A. M., for the purpose of de- 
 termining upon the expediency of changing the place of holding 
 the township elections in said township. 
 
 WILLIAM GRAHAM, 
 Constable of North East Township. 
 
 Notice of an Appeal by Overseers of the Poor, from an Order of 
 
 Removal. 
 
 Crawford County, ss. 
 
 To the overseers of the poor of the township of , in said 
 
 county. 
 
 Take notice, that we, the overseers of the poor of the township 
 
 of , in said county, do intend, at the next General Court of 
 
 Quarter Sessions of the Peace, to be holden in and for the said 
 county at Meadville, to commence and prosecute an appeal from 
 the order of A. B. and C. D., two of the justices of the peace of 
 the county aforesaid, for the removal of J. C., a pauper, from the 
 township of to the township of aforesaid.
 
 228 NOTICES. 
 
 Notice of Captain of Militia to non-commissioned officers and 
 privates on a requisition from the Governor or President. 
 
 To A. B. 
 
 SIR : Take notice, that you are hereby required personally, or 
 by a sufficient substitute, to appear properly armed and equipped 
 for service at , on the day of , to march when re- 
 quired. 
 
 Given under my hand, &c. 
 
 Notice to Officers of their Election. 
 
 Take notice, that at an election held at the house of , A. 
 
 B., in the of , county of , on , the day 
 
 of -instant, you were duly elected to the office of for 
 
 said for the ensuing year. 
 
 Given under my hand at aforesaid, this day of . 
 
 A. D. . 
 
 Notice of a Rule to take Depositions. 
 
 [Here insert a full copy of the rule.] 
 
 Take notice, that in pursuance of the above rule, the deposition 
 
 of , of the of in the county of , will be taken 
 
 before J. B., Esq., one of the justices of the peace in and for the 
 
 county aforesaid, at his office in the borough of , on , 
 
 the day of next, between the hours of and 
 
 o'clock in the noon, at which time and place you are required 
 
 to attend if you think proper. 
 
 Notice of proceedings to remove Pauper. 
 
 Lancaster County, ss. 
 
 To the overseers of the poor of the township of in the 
 
 county of . 
 
 You are hereby notified and required to appear before . 
 
 and such other of the justices of the peace of the said county as 
 
 shall be at the house of in the of , and county 
 
 aforesaid, on , the day of , at o'clock in the 
 
 noon, to show cause, [if any you have,] why A. B., a pauper. 
 
 should not be removed from the said township of to the 
 
 township aforesaid. 
 
 Given under my hand and seal this day of , in the 
 
 year of our Lord .
 
 NOTICES. 229 
 
 Notice of a motion upon a Justice's Judgment. 
 
 John Jones ~) -& r T T -r^ 
 
 (Before J. B., Esq. 
 
 William Burns. $ Jud ment for John Jones > for dollars. 
 
 To John Jones, plaintiff in the above cause. 
 
 At the instance of William Burns, the defendant, I hereby notify 
 
 you to appear before me at my office in* , on , the 
 
 day of- , at o'clock in the noon, to show cause, (if 
 
 any you have,) why the above judgment should not be opened 
 and another hearing given. 
 
 Witness my hand and seal at , this day of , in 
 
 the year of our Lord one thousand eight hundred and . 
 
 Notice of Lumber taken up in Rivers. 
 
 Public notice is hereby given, that a lot of lumber was taken 
 
 up while floating in the , on the day of , consisting 
 
 of , a list and description of which are lodged in my office at 
 
 for the inspection of all concerned. The owner or owners 
 
 thereof are required to prove property, pay all legal charges, and 
 take it away within three months from the date hereof, otherwise 
 it will be forfeited. 
 
 
 Notice of sale in Attachment. 
 
 Public notice is hereby given, that by virtue of an order from 
 
 A. B., one of the justices of the peace in and for the of , 
 
 will be exposed to public sale on the day of instant, at 
 
 o'clock in the , at the house of , in the of 
 
 in the said county, the following articles, viz : ( .) At- 
 tached as the property of , late of the said . Attendance 
 
 will be given and the terms of sale made known by . 
 
 Notice of Landlord to Sheriff or Constable to pay Rent out of 
 j)roceeds of Sale. 
 
 To A. B., Sheriff of County. 
 
 SIR : You are hereby required to pay over to the undersigned, 
 the sum of dollars out of the proceeds of the sale of the pro- 
 perty of , that being the amount of rent in arrear, and due 
 
 by him to me for the premises now in his occupancy.
 
 230 NOTICES. 
 
 Notice to Justice of intention to bring suit unless he tender 
 
 amends. 
 
 To A. B., Esq., Justice of the peace of . 
 
 SIR : Take notice, that if you do not tender sufficient amends 
 within thirty days from the date hereof, I will bring my action 
 
 against you in the Court of Common Pleas of the county of , 
 
 in. the following case, torwit : that you maliciously, illegally, op- 
 pressively, and without probable cause, &c., [here state the griev- 
 ance at length, omitting no material part of it.] 
 
 By reason of all which illegal, malicious and oppressive conduct 
 of yours, I have sustained material injury and damage. 
 
 P. S. L. M., Esq., is my attorney ; his place of abode is . 
 
 See 2 S. & H. Pr., p. 472; 6 Binn. 84; 17 S. & R. 75, for 
 other forms of these notices. 
 
 Notice by Commissioners of the time and place of taking De- 
 positions. 
 
 Whereas the undersigned have received a commission issuing 
 
 out of the Common Pleas of the county of , in the state of 
 
 , to us and others [or to me'] directed for the examination of 
 
 witnesses in a certain cause, depending between A. B., plaintiff, 
 and C. D., defendant. ~ 
 
 These are to give you notice, mat we will execute the said com- 
 mission on behalf of the , at the house of in street, 
 
 in the borough of , on the day of next, at 
 
 the hour of o'clock in the noon of the same day, when 
 
 and where you may attend with your witnesses and commissioners 
 if you think proper. 
 
 Witness our hands this day of , A. D. . 
 
 Notice of time and place of taking Depositions on rule of Court. 
 
 In the Common Pleas of , County of , Term 
 
 A. D. . No. . 
 
 [Here copy the rule as certified by the Prothonotary.] 
 To A. B., the plaintiff above named, or E. F., his attorney. 
 
 Take notice, that in pursuance of the above rule, the deposition 
 of witness to be read in evidence on the trial of the above cause, 
 
 on the part of the defendant, will be taken at the house of , 
 
 in the of , between the hours of and o'clock 
 
 of the same day, before L. M., Esq., a justice of the peace in and 
 for said county, or before some other justice of the peace or judge, 
 when and where you may attend if you think proper.
 
 NOTICES. 231 
 
 Notice of Special Matter. 
 
 In the Common Pleas of , County of , Term 
 
 A. D. -. No. . 
 
 Take notice that the defendant has added the pleas of non- 
 assumpsit infra sex annos, payment, &c., to the pleas already 
 pleaded in this cause. 
 
 And that under the plea of payment, he intends to give in evi- 
 dence on the trial of the cause, the following matters, to wit : 
 [here insert the special matter, .] 
 
 Notice of Justification. 
 
 A p -v 
 
 ' / In the Common Pleas of , County of , Term 
 
 - f In the Commo 
 
 M D. $ A ' D - 
 
 Please take notice, that on the trial of this cause the defendant 
 will give evidence in justification of, &c., [here insert the matter 
 relied on.~\ 
 
 Notice to produce Papers. 
 In the Common Pleas of , County of , Term 
 
 A - D - No - 
 
 Take notice, that you are hereby required to produce to the 
 [court and jury], on the trial of this cause, a certain deed, &c., 
 [describing the papers particularly, ,] and all other letters, books, 
 papers and writings whatsoever, in anywise relating to the matter 
 in question in this cause. 
 
 Notice to Constable before bringinj&uit against him for acts 
 done under the authority of a Warrant. 
 
 To A. B., constable of the of in the county of . 
 
 Whereas on or about the day of , A. D., you [here 
 
 recite the act done], under colour of a warrant of , or some 
 
 other justice of the peace, authorizing you to do so. 
 
 Now, I do hereby, as attorney of the said , and on his be- 
 half, demand of you the perusal and a copy of all and every war- 
 rant, warrants, execution and executions, under and by virtue of 
 which you as before mentioned.
 
 232 NOTICES. 
 
 Notice by purchaser at Sheriff's Sale, to Tenant in possession. 
 
 John Jones ^ 
 
 vs. V 
 
 William Burns. } 
 
 To Mr. William Burns, the defendant above named. 
 
 Sir : Take notice, that by virtue of a writ of venditioni ex- 
 ponas, which issued out of the Court of Common Pleas of the 
 
 county of , returnable to the day of , A. D., 
 
 , against you at the suit of John Jones, the sheriff of the said 
 
 county, Richard Roe, Esq., did on the day of , last past, 
 
 expose to sale a certain , then and now in your possession, 
 
 situate in , and containing one hundred acres, and that at the 
 
 ^said sale, I became the purchaser thereof. Whereupon you are 
 hereby notified and required to surrender up the said one hun- 
 dred acres of land, with the appurtenances, to me, the purchaser 
 thereof as aforesaid, within three months after the date of this 
 notice, as you shall answer your default herein at your peril. 
 
 Notice to Overseers of the Poor who neglect or refuse to com- 
 ply tuith the orders of relief. 
 
 To A. B. and C. D., Overseers of the Poor of the of . 
 
 You are hereby notified that unless you make the weekly pay- 
 ments directed by the order of E. F. and G. H., Esqrs., two of 
 
 the Justices of the Peace in and for the county of , for the 
 
 relief of J. J., dated the day of May, A. D. 1844, you will 
 
 be prosecuted for your default and contempt herein. 
 
 Notice of Bail. 
 
 John Jones In the Common Pleas of Montgomery County, 
 
 r-ir VS '-a V No - IP f May Term, 1844. 
 
 William Burns. ) 
 
 Take notice, that bail was this day put in for the defendant in 
 
 this cause, before , and that the names and additions of such 
 
 bail are A. B., yeoman, and C. C., carpenter, of . 
 
 Notice of exception to Sail. 
 John Jones IQ the Common Pleas of Lancaster County, 
 
 William Burns. $ N ' ~ - of M ^ Te ' 1844 ' 
 
 Take notice, that I have excepted against the bail put in for 
 the defendant in this cause.
 
 PAPER BOOK. 233 
 
 Notice qjjpustification of Bail. 
 
 \ John Jones } T ., ~ , . _ 
 
 f In the Common Pleas of Lancaster County, 
 
 William'Burns. May Term, 1844. No. 12. 
 Take notice, that J. R. and L. P., the bail already put in by the 
 
 defendant, and of whom you have had notice, will, on the 
 
 day of next, justify themselves before , as good and 
 
 sufficient bail for the defendant in this cause. 
 
 N. B. (Where bail is added and justified, say) That Q. S., of 
 
 -, will, on the day of next, add himself to the bail 
 
 already put in, &c. 
 
 PAPER BOOK. 
 
 A paper book is a book or paper containing an abstract of all 
 the facts and pleadings necessary to a full understanding of a case. 
 Courts of error and other courts, on arguments, require that each 
 of the judges shall be furnished with such a book before the argu- 
 ments are made. 
 
 It should first contain the evidence on the side of the plaintiff, 
 then of the defendant, and the bills of exception. 
 
 The following will answer for a form in making up a paper 
 book for the Judges of the Supreme Court of Pennsylvania. 
 
 A. B., plaintiff in error, ^ Error to the Common Pleas of 
 
 vs. > county. 
 
 C. D., defendant in error. ) Sci.fa. on a mortgage. 
 The plaintiff gave the following evidence : 
 
 1. Mortgage given by to , dated , for 
 
 dollars. 
 
 2. Bond from same to same, dated , for dollars. 
 
 3. Assignment of said bond and mortgage by said to 
 
 , on the day of , in the following words, &c. &c. 
 
 Thereupon the plaintiff closed. 
 
 The defendant to maintain the issue on his part, called E. F., 
 who being sworn, testified as follows: [Here add the testi- 
 mony as received.] The defendant then offered to ask the wit- 
 ness, &c. To the admission of which evidence, the plaintiff ob- 
 jected. The court sustained the objection and admitted the 
 evidence, to which decision the plaintiff excepted and prayed the 
 court to seal this his bill of exceptions, which is done accordingly. 
 
 Add thus the, whole of the material testimony with all the
 
 234 PATENTS. 
 
 bills of exceptions as they were sealed, and close with the charge 
 of the court to the jury, which muM be signed and sealed by 
 the president judge. 
 
 PATENTS. 
 
 Information to persons having business at the Patent Office 
 at Washington, under the *&ct of Congress, August 29, 
 1842. 
 
 ART. 1. This act authorizes the Treasurer of the United States 
 to repay any money which has been paid into the Treasury by 
 actual mistake, as for patent fees, thus precluding the necessity 
 of special application to Congress for relief. 
 ART. 2. The privilege of renewal of lost patents is now ex- 
 tended to those granted before the fire of December, 1836. 
 Heretofore it has been limited to those actually lost before the 
 fire, and thus excluding many lost subsequently, and before 
 they were recorded anew in this office, leaving the inventor 
 without remedy. 
 
 ART. 3. Protection is by this act extended to a new class of ob- 
 jects, viz : 
 
 To new and original Designs: 
 for a manufacture of metal and other materials : 
 for the printing of woolen, silk, cotton, or other fabrics : 
 for busts, statues, or bas reliefs, or composition in alto or 
 
 basso relievo : 
 for any impression or ornament, or to be placed on any article 
 
 of manufacture in marble or other material : 
 for any new and useful pattern, print, or picture, to be in 
 any manner attached to or fixed on any article of manu- 
 facture : 
 
 for any new or original shape of configuration of any arti- 
 cle of manufacture : all such designs not being previously 
 known or used by others. 
 
 ART. 4. American ministers, consuls, &c., residing abroad, may 
 administer the oath required for applicants not resident in the 
 United States. Heretofore such functionaries were not author- 
 ized to perform this act, thus subjecting applicants, in foreign 
 countries, to much inconvenience. 
 
 ART. 5. The stamping or affixing the name of any patentee on 
 any article without authority so to do, or the affixing the word 
 patent or letters patent, or the stamp, mark, or device of any 
 patentee on any unpatented article, for the purpose of deceiv- 
 ing the public, is forbidden under a penalty not less than one 
 hundred dollars. 
 ART. 6. Patentees or their assigns are now required to affix the
 
 PATENTS. 235 
 
 date of the patent on each article vended or offered for sale, 
 
 under a like penalty thus affording to the public notice of the 
 
 duration of the patent when the article is of such a nature 
 
 that the date cannot be printed thereon, it should be affixed to 
 
 the case or package containing it. 
 
 It will be observed that this act does not repeal or change the 
 law under which patents have heretofore been granted, but is 
 merely additional thereto all patents, except for designs, being 
 granted for fourteen years, and the fee, as hitherto, being thirty 
 dollars. 
 
 Before the grant of any patent under this act the application 
 must be made by petition to the Commissioner of Patents, signed 
 by the inventor. 
 
 He is also required to furnish a written description or specifica- 
 tion of his invention or production, in which the same shall be 
 fully and clearly described such specification to be signed, wit- 
 nessed by two witnesses, and verified by his oath or affirmation. 
 
 In all cases which admit of representation by drawings, the 
 application must be accompanied by duplicate drawings and a 
 specimen and in other cases by duplicate specimens. 
 
 The provisions of the 6th section do not apply to patents 
 granted prior to the passage of this act. 
 
 Fees payable at the Patent Office. 
 
 SEC. 40. All fees must be paid in advance ; the amount fixed 
 by law, except in the case of drawings, the expense of which will 
 be communicated on application for the same. 
 
 SEC. 41. Every applicant must pay into the Treasury of the 
 United States, or into the Patent Office, or into any of the deposit 
 banks, a deposit to the credit of the Treasurer, on presenting his 
 petition or application, as follows : 
 
 SEC. 42. If a citizen of the United States, as a patent 
 
 fee - $30 00 
 
 SEC. 43. If a foreigner, who has resided in the United 
 States one year next preceding the application for 
 a patent, and shall have made oath of his intention 
 to become a citizen - 30 00 
 
 SEC. 44. If a subject of the Sovereign of Great Bri- 
 tain - 500 00 
 SEC. 45. All other foreigners - - 300 00 
 SEC. 46. On entering a caveat - 20 00 
 SEC. 47. On entering an application for an appeal 
 
 from the decision of the Commissioner - 25 00 
 
 SEC. 48. On extending a patent beyond the fourteen 
 
 years - - 40 00 
 
 SEC. 49. For adding to a patent the specification of a 
 
 subsequent improvement <- - 15 00
 
 236 PATENTS. 
 
 In case of re-issues, for every additional patent - 30 00 
 
 SEC. 50. On surrender of an old patent, to be re- 
 issued, to correct a mistake of the patentee - 15 00 
 
 SEC. 51. For a disclaimer - 10 00 
 
 SEC. 52. For copies of patents, or any other paper on 
 
 file, for each 100 words - 10 
 
 SEC. 53. For copies of drawings, a reasonable sum, 
 in proportion to the time occupied in making the 
 same. 
 
 SEC. 54. Communications to and from the Patent Office, are 
 free of postage. 
 
 SEC. 55. All fees under five dollars, if sent to the Commissioner 
 of Patents, should be transmitted in specie. 
 
 SEC. 56. It is recommended to make a deposit in a specie-pay- 
 ing deposit bank, of the fee for a patent or other application, and 
 to remit the certificate. Where this cannot be done without much 
 inconvenience, gold may be remitted by mail free of postage. 
 
 SEC. 57. In case of deposits made in the deposit banks, a du- 
 plicate receipt should be taken, stating by whom the payment is 
 made, and for what object. The particular invention should be 
 referred to, to enable the applicant to recover back the twenty 
 dollars, in case of the withdrawal of the petition. The certificate 
 of deposit may be in the following form : 
 
 SEC. 58. Bank of 
 
 The Treasurer of the United States has credit at this office for 
 
 dollars in specie, deposited by 
 
 of the town of in the county of , 
 
 and state of , the same being for a patent [or 
 
 whatever the object may be] for a steam-boiler. 
 
 SEC. 59. N. B. The Patent Office does not make original 
 drawings to accompany applications for patents, and furnishes 
 copies of the same only after the patent is completed. Draughts- 
 men in the city of Washington are always ready to make draw- 
 ings, at the expense of the patentees. 
 
 FORMS WHICH MAY BE USED IN MAKING APPLICATIONS AT THE 
 PATENT OFFICE. 
 
 Form of Petition. 
 
 To the Commissioner of Patents : 
 
 The petition of Sebastian Cabot, of Cabotville, in the County of 
 Hampden, and State of Massachusetts, 
 
 RESPECTFULLY REPRESENTS : 
 
 That your petitioner has invented a new [and improved mode 
 of preventing steam-boilers from bursting], which he verily be- 
 lieves has not been known or used prior to the invention thereof
 
 PATENTS. 237 
 
 by your petitioner. He therefore prays that letters patent of the 
 United States may be granted to him therefor, vesting in him and 
 his legal representatives the exclusive right to the same, upon the 
 terms and conditions expressed in the Act of Congress in that case 
 made and provided ; he having paid thirty dollars into the treasury, 
 and complied with other provisions of the said act. 
 
 SEBASTIAN CABOT. 
 
 Form of Specification. 
 
 To all whom it may concern : 
 
 Be it known that I, Sebastian Cabot, of Cabotville, in the 
 County of Hampden, and State of Massachusetts, have invented 
 a new and improved mode of preventing steam-boilers from burst- 
 ing, and I do hereby declare that the following is a full and exact 
 description : 
 
 The nature of my invention consists in providing the upper 
 part of a steam-boiler with an aperture in addition to that for the 
 safety-valve, which aperture is to be closed by a plug, or disk, of 
 alloy, which will fuse at any given degree of heat, and permit the 
 steam to escape, should the safety-valve fail to perform its functions. 
 
 To enable others skilled in the art to make and use. my inven- 
 tion, I will proceed to describe its construction and operation : I 
 construct my steam-boiler in any of the known forms, and apply 
 thereto gauge-cocks, a safety-valve, and the other appendages of 
 such boilers ; but, in order to obviate the danger arising from the 
 adhesion of the safety-valve, and from other causes, I make a 
 second opening in the top of the boiler^imilar to that made for 
 the safety-valve, as shown at A, in thewccompanying drawing; 
 and in this opening I insert a plug or disk of fusible alloy, securing 
 it in its place by a metal ring and screws, or otherwise. This 
 fusible metal, I, in general, compose of a mixture of lead, tin and 
 bismuth, in such proportions as will insure its melting at a given 
 temperature, which must be that to which it is intended to limit 
 the steam, and will of course vary with the pressure the boiler is 
 intended to sustain. I surround the opening containing the fusible 
 alloy by a tube, B, intended to conduct off any steam which may 
 be discharged therefrom. When the temperature of the steam, in 
 such a boiler, rises to its assigned limit, the fusible alloy will melt, 
 and allow the steam to escape freely, thereby securing it from all 
 danger of explosion. 
 
 What I claim as my invention, and desire to secure by letters 
 patent, is the application to steam-boilers of a fusible alloy, which 
 will melt at a given temperature, and allow the steam to escape, 
 as herein described ; using for that purpose any metallic compound 
 which will produce the intended effect. 
 
 JOH N DOE, SEBASTIAN CABOT. 
 
 f~* 
 
 RICHARD ROE.
 
 238 PATENTS. 
 
 When the application is for a machine, the specification should 
 commence thus : 
 
 Be it known that I, Sebastian Cabot, of Cabotville, in the county 
 of Hampden and State of Massachusetts, have invented a new 
 and useful machine for [stating the use and title of the machine ; 
 and if the application is for an improvement, it should read thus : 
 a new and useful improvement on a, or on the, machine, &c.J 
 and I do hereby declare that the following is a full, clear and 
 exact description of the construction and operation of the same, 
 reference being had to the annexed drawings, making a part of 
 this specification, in which figure 1 is a perspective view, figure 
 2 a longitudinal elevation, figure 3 a transverse section, &c. [thus 
 describing all the sections of the drawings, and then referring to 
 the parts by letters.] Then follows the description of the con- 
 struction and operation of the machine, and ending with the claim, 
 which should express the nature and character of the invention, 
 and identify the part or parts claimed separately or in combina- 
 tion. If the application is for an improvement, the original in- 
 vention should be disclaimed, and then the claim confined to the 
 improvement. 
 
 Form of Oath. . 
 
 County of Hampden, State of Massachusetts, ss. 
 
 On this tenth day of January, 1845, before the subscriber, a 
 justice of the peace in and for the said county, personally appeared 
 the within-named Sebastian Cabot, and made solemn oath [or 
 affirmation] that he ver^r believes himself to be the original and 
 first inventor of the mo^l herein described for preventing steam- 
 boilers from bursting, and that he does not know or believe that 
 the same was ever before known or used ; and that he is a citizen 
 of the United States. 
 
 Signed, A. B. 
 
 Form of Withdrawal. 
 
 To the Commissioner of Patents : 
 
 SIR: I hereby withdraw my application for a patent for im- 
 provements in the steam-boiler, now in your office, and request 
 that twenty dollars may be returned to me, agreeably to the pro- 
 vision of the Act of Congress authorizing such withdrawal. 
 
 SEBASTIAN CABOT. 
 
 Cabotville, Mass., March 1, 1845.
 
 PATENTS. 239 
 
 Form of surrender of a Patent for Re-issue. 
 
 To the Commissioner of Patents : 
 The petition of Sebastian Cabot, of Cabotville, in the County of 
 
 Hampden, and State of Massachusetts, 
 RESPECTFULLY REPRESENTS: 
 
 That he did obtain letters patent of the United States for an 
 improvement in the boilers of steam-engines, which letters patent 
 are dated on the first day of March, 1835. That he now believes 
 that the same is inoperative and invalid, by reason of a defective 
 specification, which defect has arisen from inadvertence and mis- 
 take. He therefore prays that he may be allowed to surrender, 
 and he hereby does surrender the same, and request that new let- 
 ters patent may issue to him for the same, invention, for the residue 
 of the period for which the original patent was granted, under 
 the amended specification herewith presented ; he having paid 
 fifteen dollars into the Treasury of the United States, agreeably 
 to the requirements of the Act of Congress in that case made and 
 provided. SEBASTIAN CABOT. 
 
 Form of Assignment of a right in a Patent. 
 
 Whereas I, Sebastian Cabot, of Cabotville, in the county of 
 Hampden, and State of Massachusetts, did obtain letters patent of 
 the United States, for certain improvements in steam-engines, 
 which letters patent bear date the first day of March, 1835 ; and 
 whereas John Doe, of Cabotville aforesaid, is desirous of acquir- 
 ing an interest therein : Now this indenture witnesseth, that for 
 and in consideration of the sum of two thousand dollars, to me in 
 hand paid, the receipt of which is hereby acknowledged, I have 
 assigned, sold, and set over, and do hereby assign, sell, and set 
 over, all the right, title and interest, which I have in the said in- 
 vention, as secured to me by said letters patent, for, to, and in, 
 the several states of New York, New Jersey and Pennsylvania, 
 and in no other place or places. The same to be held and enjoyed 
 by the said John Doe for his own use and behoof, and for the 
 use and behoof of his legal representatives, to the full end of the 
 term for which said letters patent are or may be granted, as fully 
 and entirely as the same would have been held and enjoyed by 
 me, had this assignment and sale not have been made. 
 
 In testimony whereof,i have hereunto set my hand, and affixed 
 my seal, this first day of March, 1845. 
 
 Witness: 5 
 
 
 . .u. 
 
 SEBASTIAN CABOT.
 
 240 PATENTS. 
 
 of Disclaimer. 
 To the Commissioner of Patents : 
 The petition of Sebastian Cabot, of Cabotville, in the county of 
 
 Hampden, and State of Massachusetts, 
 RESPECTFULLY REPRESENTS : 
 
 That he has, by assignment duly recorded in the Patent Office, 
 become the owner of a right, for the several states of Massachu- 
 setts, Connecticut and Rhode Island, to certain improvements in 
 the steam engine, for which letters patent of the United States 
 were granted to John Doe, of Boston, in the State of Massachu- 
 setts, dated on the first day of March, 1835. That he has reason 
 to believe that, through inadvertence and mistake, the claim made 
 in the specification of said letters patent is too broad, including 
 that of which the said patentee was not the first inventor. Your 
 petitioner, therefore, hereby enters his disclaimer to that part of 
 the claim in the aforenamed specification, which is in the follow- 
 ing words, to wit : " I also claim the particular manner in which 
 the piston of the above-described engine is constructed, so as to 
 insure the close fitting of the packing thereof to the cylinder, as 
 set forth ;" which disclaimer is to operate to the extent of the in- 
 terest in said letters patent vested in your petitioner, who has paid 
 ten dollars into the treasury of the United States, agreeably to the 
 requirements of the Act of Congress in that case made and pro- 
 vided. SEBASTIAN CABOT. 
 
 When the disclaimer is made by the original patentee, it must, 
 of course, be worded so as to express that fact. 
 
 Form of Caveat. 
 To the Commissioner of Patents : 
 The petition of Sebastian Cabot, of Cabotville, in the County of 
 
 Hampden, and State of Massachusetts, 
 RESPECTFULLY REPRESENTS : 
 
 That he has made certain improvements in the mode of con- 
 structing the boilers of steam-engines ; and that he is now engaged 
 in making experiments for the purpose of perfecting the same, 
 preparatory to his applying for letters patent therefor. He there- 
 fore prays that the subjoined description of his invention may be 
 filed as a caveat, in the confidential archives of the Patent Office, 
 agreeably to the provisions of the Act of Congress, in that case 
 made and provided ; he having paid twenty dollars into the trea- 
 sury of the United States, and otherwise complied with the require- 
 ments of the said act. 
 
 Cabotville, March 1, 1845. SEBASTIAN CABOT. 
 
 Here should follow a description of the general principles of 
 the invention, so far as it has been completed.
 
 PATENT. 241 
 
 Form for Addition of new Improvements. 
 
 To the Commissioner of Patents : 
 The petition of Sebastian Cabot, of Cabotville, in the County of 
 
 Hampden, and State of Massachusetts, 
 RESPECTFULLY REPRESENTS : 
 
 That your petitioner did obtain letters patent of the United 
 States for an improvement in the boilers of steam-engines, which 
 letters patent are dated on the first day of March, 1835 ; that he 
 has, since that date, made certain improvements on his said in- 
 vention ; and that he is desirous of adding the subjoined descrip- 
 tion of his said improvements to his original letters patent, agree- 
 ably to the provisions of the Act of Congress in that case made and 
 provided ; he having paid fifteen dollars into the treasury of the 
 United States, and otherwise complied with the requirements of 
 the said act. SEBASTIAN CABOT. 
 
 Form of Assignment before obtaining Eetters Patent, and to 
 be recorded preparatory thereto. 
 
 Whereas I, Sebastian Cabot, of Cabotville, in the county of 
 Hampden and State of Massachusetts, have invented certain new 
 and useful improvements in the boilers of steam-engines, for which 
 I am about to make application for letters patent of the United 
 States ; and whereas John Doe, of Cabotville aforesaid, has agreed 
 to purchase from me all the right, title and interest which I have, 
 or may have, in and to the said invention, in consequence of the 
 grant of letters patent therefor, and has paid to me, the said Cabot, 
 the sum of five thousand dollars, the receipt of which is hereby 
 acknowledged. Now, this indenture witnesseth, that for and in 
 consideration of the said sum to me paid, I have assigned and 
 transferred, and do hereby assign and transfer, to the said John 
 Doe, the full and exclusive right to all the improvements made 
 by me, as fully set forth and described in the specification which 
 I have prepared and executed preparatory to the obtaining of 
 letters patent therefor. And I do hereby authorize and request 
 the Commissioner of Patents to issue the said letters patent to the 
 said John Doe, as the assignee of my whole right and title thereto, 
 for the sole use and behoof of the said John Doe and his legal 
 representatives. 
 
 In testimony whereof, I have hereunto set my hand and affixed 
 my seal, this first day of March, 1838. 
 
 Witness: 
 
 C. 
 
 SEBASTIAN CABOT.
 
 242 PATENT. 
 
 Form of Application for Patents on Designs under the Act 
 of August 29, 1842. 
 
 To the Commissioner of Patents : 
 
 The petition of Sebastian Cabot, of Cabotsville, in the County of 
 Hampden, and State of Massachusetts, 
 
 RESPECTFULLY REPRESENTS : 
 
 That your petitioner has invented or produced [a new design 
 or figure to be stamped or printed on fabrics, which, when thus 
 printed, are termed calicoes], which he verily believes has not 
 been known prior to the production thereof by your petitioner. 
 He therefore prays that letters patent of the United States may be 
 granted to him therefor, vesting' in him and his legal representa- 
 tives the exclusive right to the same, upon the terms and conditions 
 expressed in the Act of Congress in that case made and provided ; 
 he having paid fifteen dollars into the treasury, and complied with 
 other provisions of the said act. SEBASTIAN CABOT. 
 
 Specification. 
 
 To all whom it may concern : 
 
 Be it known that I, Sebastian Cabot, of Cabotsville, in the 
 County of Hampden, and State of Massachusetts, have invented 
 or produced a new [design or figure to be printed on fabrics, 
 which, when thus printed, are termed calicoes], and I do hereby ' 
 declare that the following is a full and exact description of the 
 same. [Here follows a description of the design or figure with 
 reference to the specimen, or to a drawing of it in all cases which 
 admit of representation by drawings.] 
 
 The specification to conclude with declaring what the inventor 
 or producer claims to be expressed in terms which will give the 
 character of the design, &c. 
 
 Form of Oath. 
 
 County of Hampden, State of Massachusetts, ss. 
 
 On this tenth day of January, 1845, before the subscriber, a 
 justice of the peace in and for said county, personally appeared 
 the within-named Sebastian Cabot, and made solemn oath [or 
 affirmation as the case may be], that he verily believes himself to 
 be the original and first inventor or producer of the design for 
 figures to be printed on fabrics which, when thus printed, are 
 termed calicoes, and that he does not know or believe that the 
 same was ever before known or used, and that he is a citizen of 
 the United States. Signed, A. B.
 
 
 PETITIONS. 243 
 
 Letters Patent for a new Invention. 
 
 Whereas J. S., of the of , in the county of , has 
 
 alleged that he has invented a new and useful machine, which he 
 states has not been known or used before his application ; has 
 made oath that he is a citizen of the United States that he verily 
 believes that he is the original and first inventor of the said ma- 
 chine, (discoverer of the improvement,) and that the same hath 
 not, to the best of his knowledge and belief, been previously known 
 or used ; has paid into the treasury of the United States the sum 
 of thirty dollars, and presented a petition to the Commissioner of 
 Patents, signifying his desire of obtaining an exclusive property 
 in the said improvement, and praying that a patent may be granted 
 for that purpose. 
 
 These are, therefore, to grant, according to law, to the said J. 
 S., his heirs, executors, administrators and assigns, for the full term 
 
 of fourteen years from the day of , A. D. , the full 
 
 and exclusive right and liberty of making, using and vending to 
 others to be used, the said machine, a description whereof is given 
 in the words of the said J. S., in the schedule hereto annexed, and 
 is made part of these presents. 
 
 In testimony whereof, I have caused these letters to be made 
 patent, and the seal of the Patent Office has been hereto affixed. 
 
 Given under my hand, at the city of Washington, this 
 
 day of , A. D. , and of the Independence of the United 
 
 States of America the . 
 
 PETITIONS. 
 
 Remarks. 
 
 A petition is an instrument containing a prayer from the per- 
 son or persons who signed it, to the body or person to whom it is 
 presented, for the redress of some wrong, or the grant of some 
 favour, which the latter has the right to give. By the constitution 
 of the United States, the right " to petition the government for a 
 redress of grievances," is secured to the people. Amendment to 
 Constitution, Art. 1. Petitions are frequently presented to the 
 courts in order to bring some matters before them. It is a general 
 rule in such cases, that an affidavit should be made that the facts 
 therein contained are true, as far as known to the petitioner, and 
 that those facts which he states as knowing from others, he be- 
 lieves to be true.
 
 244 PETITIONS. 
 
 To the Governor of a State. 
 
 To his Excellency, J. R., Governor of the Commonwealth of 
 Pennsylvania: The petition of the subscribers, citizens of the 
 borough of Reading, in the County of Berks, respectfully show- 
 eth : [Here state the subject matter petitioned for.] And your 
 petitioners, as in duty bound, will ever pray, &c. 
 
 To the Congress of the United States. 
 
 To the Honourable, the Senate and House of Representatives, 
 of the United States of America, in Congress assembled : The 
 petition of the subscribers, citizens of the city of Lancaster, in the 
 State of Pennsylvania, respectfully showeth : [here state the sub- 
 ject matter petitioned for.] And your petitioners will ever 
 pray, &c. 
 
 To the Legislature of Pennsylvania. 
 
 To the Honourable, the Senate and House of Representatives 
 of the Commonwealth of Pennsylvania, in General Assembly 
 met : The petition, &c., [as above.] 
 
 Petition for laying out a Road. 
 
 To the Honourable, the Judges of the Court of Quarter Sessions 
 of the Peace in and for the County of . 
 
 The petition of divers inhabitants of the township of in 
 
 the said county, respectfully showeth, that your petitioners labour 
 under great inconveniences for want of a road or highway, to lead 
 
 from to . Your petitioners, therefore, humbly pray the 
 
 court to appoint proper persons to view and lay out the same, 
 according to law. And they will pray, c. 
 
 (There must be no intermediate points made in the road prayed 
 for.) 
 
 Appointment of Viewers. 
 
 County, ss. 
 
 [Seal.] At a Court of Quarter Sessions of the Peace of the 
 
 County of , held at in and for the said County, on 
 
 the day, &c., before A. B., C. D. and E. F., Judges 
 
 of the same court. 
 
 Upon the petition of divers inhabitants of the township of , 
 
 in the said county, setting forth that they labour under great in-
 
 PETITIONS. 245 
 
 conveniences for want of a road or highway, to lead from to 
 
 and, therefore, praying the court to appoint, &c., [as in peti- 
 tion to " law."] The court, upon due consideration had of the 
 premises, do order and appoint G. H., I. K., L. M., N. 0., P. Q. 
 and R. S., to view the ground proposed for the said road, and if 
 they, or any five of them, view the same, and any four of the 
 actual viewers agree that there is occasion for such a road, they 
 shall proceed to lay out life same, as agreeable to the desire of the 
 petitioners as may be, having respect to the best ground for a road, 
 and the shortest distance, and in such a manner as to do the least 
 injury to private property, and that they make report of their pro- 
 ceedings to the next Court of Quarter {Sessions to be held for the 
 said county, stating particularly whether they judge the same 
 necessary for a public or private road, together with a plot or 
 draft thereof, and the courses and distances, and references to the 
 improvements through which it may pass. 
 
 By the Court, J. B., Clerk. 
 
 Return of Viewers in favour of the Road. 
 
 To the Honourable, the Judges within named. 
 
 We, the persons appointed by the within order of court, to view 
 and lay out the road therein mentioned, do report, that in pursu- 
 ance of the said order, we have viewed and laid out, and do re- 
 turn for public [or private] use, the following road, to wit: 
 Beginning, &c., [here describe the courses and distances in letters 
 (not figures] with references to the improvements through which 
 it passes] a plot or draft whereof is hereunto annexed. Witness 
 our hands the - day of - . 
 
 At least five of the viewers must view the ground, and 
 any four of the actual viewers may lay out the road, and when- 
 ever practicable, the viewers shall lay out the said roads at an 
 elevation not exceeding five degrees, except at the crossing of 
 drains and streams, where by moderate filling and bridging, the 
 declination of the road may be preserved within that limit. 
 
 Return of Viewers against the Road. 
 
 To the Honourable, the Judges within named. 
 
 We, the subscribers, do report, that in pursuance of the within 
 order of court, we have viewed the place where the road within 
 mentioned is requested, and are of opinion that there is no occa- 
 sion to lay out the same. Witness our hands, the - day 
 of - .
 
 246 PETITIONS. 
 
 Order of Confirmation. 
 
 At a Court of Quarter Sessions of the Peace, &c., G. H., I. K., 
 L. M., N. 0., P. Q., and R. S., the persons appointed by an order 
 
 of this court of sessions last past, to view and lay out a road 
 
 from to , do report, that in pursuance of the said order, 
 
 they have viewed and laid out, and do'return for public use, the 
 following road, to wit : Beginning, &c., a plot or draft, whereof 
 .is to the said report annexed, which report being read the first 
 
 time at sessions last, and the second time on the day 
 
 of instant, the court approve of and confirm the said road 
 
 for public use, and order and direct that it be entered of record, 
 
 and opened and cleared of the breadth of feet, agreeably to 
 
 the courses and distances aforesaid, of which the supervisors of 
 the highways of the townships through which the said road runs, 
 are to take notice. The breadth of any such road shall not in any 
 case exceed fifty feet; the breadth of roads from the habita- 
 tions of individuals, to the public highway, or other place of pub- 
 lic resort, shall not exceed twenty-five feet, and the same shall be 
 opened and kept in repair at the expense of the persons for whom 
 it was laid out, and of such as have occasion to use it. 
 
 Petition for a Review. 
 
 To the Honourable, the Judges of the Court of Quarter Sessions 
 of the Peace in and for the County of . 
 
 The petition of divers inhabitants of the township of, &c. : 
 Respectfully showeth, that a road hath been lately laid out by 
 
 order of court from to , which road, (if confirmed by 
 
 the court,) will be very injurious to your petitioners, and burthen- 
 some to the inhabitants of the township through which the same 
 will pass. 
 
 Your petitioners, therefore, pray your honours to appoint pro- 
 per persons to review the said road, and parts adjacent, and 
 make report to the court according to law. And they will ever 
 pray, &c. 
 
 Appointment of Reviewers. 
 At a Court of Quarter Sessions of the Peace, &c. 
 
 Upon the petition of, &c., [as in petition] setting forth, &c., and 
 therefore praying, &c. The court, upon due consideration, do order 
 and appoint A. B., &c., [six discreet and reputable freeholders of 
 the neighbourhood of the road prayed for,] to review the said 
 road and parts adjacent, and if any five of them review the same,
 
 PETITIONS. 247 
 
 and amy four of the actual reviewers agree that there is occasion 
 for such a road, &c., [as in the order, ante.'} 
 
 Report of Reviewers in favour of the Road. 
 To the Honourable, &c. 
 
 We, the persons appointed to review the road within men- 
 tioned, and parts adjacent, do report, that in pursuance of the said 
 order, we did review the same, and have laid out for public use 
 the following road, to wit: Beginning, &c. Witness our hands, 
 the - day of -- . 
 
 Against the Road. 
 To the Honourable, &c. 
 
 We, the persons appointed to review the road within mentioned, 
 and parts adjacent, do report, that in pursuance of the said order, 
 we did review the same, and in our opinion there is no occasion 
 for such a road. Witness our hands, the - day of - . 
 
 Petition to vacate a Road. 
 To the Honourable, &c. 
 
 The petition of, &c., respectfully showeth, that a road has been 
 long since laid out from, &c., which road [or part of which road, 
 beginning, &c.,] your petitioners humbly conceive is now become 
 useless, inconvenient and burthensome to the inhabitants there- 
 abouts. Your petitioners, therefore, humbly pray your honours, 
 that the said road may be vacated, agreeably to the act of the 
 General Assembly in such case made and provided. And they 
 will pray, &c. 
 
 The petition must set forth, in a clear and intelligible -man- 
 ner, the length, breadth, situation and other circumstances of the 
 road (or of the parts of the road) to be vacated. 
 
 Appointment of Viewers. 
 
 At a court, &c., upon the petition, &c., stating, &c., and there- 
 fore praying, &c., which petition being openly and audibly read 
 in open sessions, the court do order and appoint A. B., &c., to view 
 the road in the said petition prayed to be vacated, and to consider 
 and judge whether it is become useless, inconvenient and bur- 
 thensome, and if they, or any five of them, view the said road, 
 and any four of the actual viewers agree that the same is become
 
 248 PETITIONS. 
 
 useless, inconvenient and burthensome, as aforesaid, then to make 
 report accordingly to the next court. 
 
 Report of Viewers in favour of Vacation. 
 To the Honourable, &c. 
 
 We, the subscribers, appointed by the within order of court to 
 view the road therein mentioned, do report, that in pursuance of 
 the said order, we have viewed the said road, and that the same 
 is, in our opinion, useless, inconvenient and burthensome. Wit- 
 ness, &c. 
 
 Report of Viewers against the Vacation. 
 To the Honourable, &c. 
 
 We, the subscribers, appointed by the within order of court to 
 view the road therein mentioned, do report, that in pursuance of 
 the said order, we have viewed the said road, and that, in our 
 opinion, there is no cause for vacating the same. Witness, &c. 
 
 Confirmation by the Court. 
 
 A. B., &c., [five of] the persons appointed by the order of this 
 
 Court of Sessions, A. D., &c., to view a road leading from 
 
 to , and to consider and judge whether the same is be- 
 come useless, inconvenient and burthensome, do report, that they 
 have viewed the said road, and are of opinion that it is become 
 useless, inconvenient and burthensome to the inhabitants there- 
 abouts, which report being openly and audibly read, the court do 
 approve of and confirm the said report, and order that the said 
 road be vacated. 
 
 Petition to value Lands, in case of a Public Road. 
 To the Honourable, &c. 
 
 The petition of, &.G., respectfully showeth,that a public road or 
 highway was lately laid out, and opened, by order of this court 
 
 from to , which road is laid out and opened through 
 
 the land of your petitioners. Your petitioners, therefore, humbly 
 pray your honours to appoint proper persons to view and adjudge 
 the value of so much of their lands respectively as is or may be 
 taken up for the use of the said road : And they will pray, &c.
 
 ; ,' 'H 
 
 PETITIONS. 249 
 
 Petition to value Lands in case of a Private Road. 
 
 To the Honourable, &c. 
 
 The petition of, &c., respectfully showeth, that a private road 
 has been lately laid out and opened, by order of this court, on the 
 petition of A. B., &c., extending over the lands of your petitioners. 
 Your petitioners, therefore, humbly pray your honours to appoint 
 proper persons to value their lands, so as aforesaid, taken up for 
 the use of the said road, and to settle and ascertain the propor- 
 tions to be paid to them by the several persons for whose use the 
 same is laid out. And they will pray, &c. 
 
 No application for compensation, in case of a public road, 
 can be received after one year. 
 
 Appointment of Viewers. 
 
 At a court, &c., upon the petition, &c., stating, &c., and there- 
 fore praying, &c. The court, upon due consideration, do order and 
 appoint A. B., &c., [six disinterested men,] to view and adjudge 
 the amount of the damage, (if any,) sustained by the petitioners, 
 by reason of the said road ; who and every of whom, before they 
 proceed to assess the damages, shall take the oath or affirmation 
 prescribed by the Act of Assembly : And the court do further 
 order that the said petitioners give notice of the time of holding 
 such view, to one or more of the commissioners of - county, 
 and that the viewers aforesaid do make report of their proceed- 
 ings herein to the next court according to law. 
 
 Oath of Viewers. 
 
 "You and every of you do swear [or f solemnly and sincerely 
 and truly declare and affirm/] that you will justly and truly 
 value the damages (if any) which the petitioners in this order 
 mentioned have sustained by reason of the road which has been 
 laid out through their lands, and that you will also consider the 
 advantage as well as the disadvantage of the said road. So help 
 you God." 
 
 This oath or affirmation is to be taken before some magistrate 
 of the county, or may be administered by one of the viewers. 
 
 Report of Viewers. 
 To the Honourable, &c. 
 
 *We, the subscribers, appointed by the within order of court, to 
 view and adjudge the value of so much of the lands of A. B., as
 
 250 PETITIONS. 
 
 are taken up by the road therein mentioned, and do value and 
 adjudge the loss thereby occasioned to the within-named A. B., at 
 
 the sum of , and the loss thereby occasioned to C. D., at the 
 
 sum of , respectively. Witness, &c. 
 
 Another. 
 
 We, the subscribers, within appointed to view and assess the 
 damages sustained by the petitioner, A. B., by reason of the pre- 
 mises in the within order mentioned, do report, that having been 
 previously sworn and affirmed according to law, we did view the 
 lot through which the within-mentioned road passes, and that 
 upon due consideration, as well of the advantages as disadvan- 
 tages arising to the petitioner, we are of opinion that he has re- 
 ceived damage to the amount of - , and we do accordingly 
 assess the same. Witness, &c. 
 
 Confirmation, as before, making the necessary alterations 
 concluding, " which report being read, the court, on due consider- 
 ation, do approve of and confirm the same, and direct that the 
 said sum of - shall be paid to the petitioner, by the treasurer 
 of the county of -- , out of the county stock." 
 
 In case of a private road, the damage must be paid by 
 the person at whose request it was laid out. 
 
 Petition for a Gate. 
 To the Honourable, &c. 
 
 The petition of, &c., respectfully showeth, that your petitioners 
 labour under great inconveniences for want of the privilege of 
 hanging a swinging gate or gates on a private road, leading from, 
 &c. They, therefore, humbly pray the court to Appoint proper 
 persons to view and judge of the utility of granting them the pri- 
 vilege aforesaid. And they will pray, &c. 
 
 Appointment of Viewers. 
 
 (Jls before.) The court, upon due consideration had of the 
 premises, do order and appoint A. B., &c., to view the said road, 
 and inquire and judge whether such gate or gates may, without 
 much inconveniency to the persons for whose use the said road 
 was granted, be hung on the same, and do direct that they or 
 any four of them, do make report accordingly to the next court 
 of Quarter Sessions.
 
 PETITIONS. 
 
 Report of Viewers. 
 To the Honourable, &c. 
 
 We, the persons appointed by the within order to view and 
 judge of the propriety of hanging a gate or gates on the road 
 therein mentioned, do report, that we have viewed the premises, 
 and are of opinion that a gate may be hung upon the said road, 
 at, &c., and another gate at, &c., according to the prayer of the 
 petitioners, without inconveniency to the persons using the said 
 road. Witness, &c. 
 
 Confirmation by the Court. 
 
 [./2s before, making the necessary alterations, and conclude 
 thus: " Which report being read, the court, on due consideration, 
 do approve of, and confirm the same, and do order that the said 
 gates may be hung on the said road accordingly, and that the 
 same shall be made and kept in repair, by the owner of the said 
 land, and made easy for the passage of persons using the said 
 road." 
 
 Petition for a Bridge. 
 
 To the Honourable, &c. 
 
 The petition of, &c., respectfully showeth, that a bridge is much 
 wanted over -- creek, at the place where the public highway 
 to - , crosses the said creek, in the township aforesaid, the ford 
 there being frequently rendered impassable by reason of ice and 
 high waters ; and that the expense thereof would be too heavy 
 and burthensome upon the inhabitants of said township. Your 
 petitioners, therefore, pray your honours to take such order in the 
 premises, as in your wisdom shall seem meet and consistent with 
 the Act of the General Assembly in such case made and pro- 
 vided. And they will pray, &c. 
 
 The court may take it up, either on the representation of 
 the supervisors, or on petition as above. 
 
 Appointment of Viewers. 
 
 Upon the petition of, &c., setting forth, &c., and therefore pray- 
 ing the court, &c. The court, upon due consideration had of the 
 premises, do order and appoint A. B., &c., to view the place pro- 
 posed for the said bridge, and if they, or any five of them, view 
 the same, and any four of the actual viewers agree that there is
 
 
 252 PETITIONS. 
 
 occasion for such a bridge, and that the erecting of such a bridge 
 would require more expense than it would be reasonable the said 
 township should bear, they are to make report thereof to the next 
 Court of Quarter Sessions to be held for the said county. 
 
 Report of Viewers. 
 
 We, the persons appointed by the court to view the place pro- 
 posed for the bridge in the within order mentioned, do report, that 
 
 in our opinion, a bridge over creek, at the place where the 
 
 public highway to crosses, the said creek is indispensably 
 
 necessary, and that the expense of erecting such a bridge would 
 
 be attended with more cost than the said township of could 
 
 bear, [or, that " in our opinion, there is no occasion for the same."] 
 Witness, &c. 
 
 Petition of Commissioners. 
 To the Honourable, &c. 
 
 The petition of A. B., C. D., and E. F., commissioners of the 
 
 county of : Respectfully showeth, that it appearing to your 
 
 honourable court, to the grand jury of the said county, and to 
 
 your petitioners, that a bridge over creek, at the place where 
 
 the public highway to crosses the said creek, in the town- 
 ship of , in the said county, was necessary, and that it would 
 
 be too expensive for the said township to erect ; the same was 
 entered of record, and your petitioners did procure an estimate as 
 nearly as might be of the money which would be necessary to 
 
 erect such bridge, amounting to the sum of , which sum they 
 
 have provided out of the county taxes, and did proceed to have 
 such bridge erected, by entering into a contract with G. H., of, 
 &c., for the building of the same that the said bridge is now 
 completed, and the said G. H. hath, in every respect, fulfilled the 
 contract so as aforesaid made. Your petitioners, therefore, pray 
 the court to appoint fit persons to inspect the said bridge and the 
 workmanship thereof, and make report accordingly to the next 
 court. 
 
 Order. 
 
 Upon the petition of, &c., stating, &c., and therefore praying 
 the court, &c. The court do appoint A. B., &c., [six fit persons,] 
 to inspect said bridge and the workmanship thereof, and make 
 report accordingly to the next court.
 
 PETITIONS. !253 
 
 Report of Viewers. 
 
 We, the persons appointed by the court to inspect a certain 
 bridge in the within order mentioned, do report, that we have 
 viewed and carefully examined the same, and are unanimously 
 of opinion that it is completed in a substantial and workmanlike 
 manner, and according to contract, arid in a style much to the 
 credit of the undertaker. Witness, &c. 
 
 Confirmation by Court. 
 
 A. B., &c., the persons appointed by an order of last sessions, 
 to view the bridge lately erected, &c., do report, that, &c., [as in 
 report] which report being read and considered, is approved of 
 and confirmed by the court. 
 
 Petition where Deed is lost, or has become defaced. 
 To the Honourable, &c. 
 
 The petition of J. A., of, &c. Humbly showeth : 
 
 That, &c., [setting forth the case and the circumstances of it,] 
 whereby your petitioner's title to the premises hath become defec- 
 tive and imperfect ; and your petitioner being desirous to have the 
 said losses, defects and imperfections in the said title supplied, there- 
 fore humbly prays your honours will be pleased to issue a sub- 
 poena for such person or persons as may appear to be interested 
 in the matters above set forth, requiring them to appear before 
 your honours, to make their answer upon oath or affirmation to 
 the fa^ts above alleged : And as some of the parties and their 
 witnesses are very ancient and infirm, and cannot attend your 
 honours, your petitioner, therefore, prays your honours will be 
 pleased to authorize and appoint some person or persons to take 
 their depositions respecting the facts above alleged, and make 
 such order and decree in the premises as to justice and equity 
 shall appertain, &c. 
 
 Affidavit: J. A., the petitioner, on his solemn oath doth de- 
 clare and say, that the material facts set forth in the afeove peti- 
 tion are true, to the best of his knowledge and belief. 
 
 Sworn in open court, &c. 
 
 Petition for Guardian for Minor under the age of fourteen 
 
 years. 
 
 To the Honourable, the Judges of the Orphans' Court of the 
 County of Erie. 
 
 The petition of James Jones, a minor child of John Jones, de- 
 ceased, late of the county of Erie, by his mother Mary Jones, 
 w
 
 254 PETITIONS. 
 
 respectfully represents : That the petitioner is under the age of 
 fourteen years, and has no person legally authorized to take charge 
 of his person and estate. He," therefore, prays the court to ap- 
 point some suitable person his guardian for that purpose. And 
 he will, &c. MARY JONES for 
 
 JAMES JONES. 
 
 Petition for Guardian by Minor over the age of fourteen 
 
 years. 
 
 To the Honourable Judges of the Orphans' Court of the 
 of Allegheny. 
 
 The petition of James Jones respectfully represents : That the 
 petitioner is a minor child above the age of fourteen years, of 
 John Jones, deceased, late of the county of Allegheny ; that he 
 has no person legally authorized to take care of his person and 
 estate, and he prays the court, that he may^ be permitted to make 
 choice of a suitable guardian for that purpose. And he will, &c. 
 
 JAMES JONES. 
 
 Petition for Sale of Land by Administratrix. 
 
 To the Honourable, the Judges of the Orphans' Court of the 
 County of Erie. 
 
 The petition of A. B. and C., his wife, late C. F., widow and 
 administratrix of all and singular the goods and chattels, lands 
 and tenements which were of D. F., late of the township oA^.mity 
 in said county, yeoman, deceased, at the time of his deatn, who 
 died intestate, humbly showeth : That the said intestate left issue 
 four children, to wit : A., (now the wife of G. H.,) B., C. and D., 
 the last two named of whom are yet in their minority. That the 
 personal estate of said intestate is insufficient for the payment of 
 his debts, as by the account herewith produced, appears : And 
 that the said intestate died seised in his demesne as of fee, of, and 
 in a certain messuage, &c. [Here describe the premises,] situated 
 in the township of Amity and county aforesaid. Your petition- 
 ers, therefore, pray your honours, to grant them an order to make 
 sale of the said messuage, &c., with the appurtenances, for the 
 payment of the debts, and the maintenance and education of the 
 minor children of the said intestate. A. B. 
 
 C. B. 
 
 A petition for the sale of lands by an administrator, must 
 be accompanied by the following statements, or such as the case 
 may be.
 
 PETITIONS. 255 
 
 1. A true and perfect inventory and conscionable appraisement 
 of all the personal estate whatsoever of the decedent. 
 
 1 horse -j - $50 00 
 15 sheep - 1500 
 
 2 cows - ' 20 00 
 1 wagon - 30 00 
 1 clock - 1 00 
 1 promissory note against R. S. 25 00 
 
 Total 150 00 
 
 2. A full and correct statement of all the real estate of the de- 
 cedent, wherever situated. 
 
 A certain messuage and piece of land situate in Amity town- 
 ship, Erie County, containing one hundred acres. 
 One other certain piece of land situate, &c. 
 
 3. A just and true account upon oath or affirmation of all the 
 debts of the decedent, which have come to the knowledge of your 
 petitioners. 
 
 One note payable to S. P. & Co. - $95 '00 
 
 One John Jones - 31 00 
 
 An account " J. M. 43 00 
 
 do do S. P. &. Co. - 67 00 
 
 do do " N. T. 21 50 
 
 Total $257 50 
 A. B. 
 C. B. 
 
 Affidavit. 
 
 Erie County, ss. 
 
 A. B. and C. B., the above-named petitioners, being duly sworn 
 [or affirmed, as the case may be], according to law, doth depose 
 and say that the facts set forth in the foregoing petition are just 
 and true, and that the inventory and appraisement of the personal 
 estate of the said decedent, and the statement of said decedent's 
 real estate, and the account of his debts which have come to the 
 knowledge of said petitioners, which are thereunto annexed, are 
 just and true, to the best of their knowledge and belief. 
 
 A. B. 
 
 C. B. 
 
 Sworn and subscribed before me this 
 
 day of , A. D. 1844. 
 
 THOMAS BROWN, J. P. 

 
 256 PETITIONS. 
 
 Petition of same for further Time. 
 
 To the Honourable, the Judges of the Orphans' Court of the 
 County of Erie. 
 
 The petition of A. B. and C., his wife, late C. F., widow and 
 administratrix of all and singular the goods, &c., which were of 
 D. F., late of the township of Amity, in the said county, yeoman, 
 deceased,at the time of his death, who died intestate, humbly show- 
 em : That, in pursuance of an order of the said court, made the first 
 day of January, last past, for the sale of a certain messuage, &c., 
 [as in the order], late the estate of the said intestate, your peti- 
 tioners did, on Monday, the twentieth day of January, instant, 
 expose the premises aforesaid for sale, by public vendue or out- 
 cry, but no person offering a sufficient price, the same remains still 
 unsold. Your petitioners, therefore, pray your honours to grant 
 them such further time, for sale of the premises aforesaid, as to 
 your honours may seem meet. And they will pray, &c. 
 
 A. B. 
 : -- ' C. B. 
 
 Return upon Order of Sale. 
 
 To the Honourable Judges of the Orphans' Court of the County 
 of Erie. 
 
 A. B. and C., his wife, late C. F., widow, and administratrix 
 of all and singular the goods and chattels, lands and tenements, 
 which were of D. F., late of the township of Amity, in said 
 county, deceased, reports : That pursuant to the within order of 
 court, they did, at the time and place therein mentioned, having 
 given due public and timely notice thereof, in one newspaper pub- 
 lished in said county, and also by handbills affixed in three or 
 more of the most public places in the vicinity of said estate, 
 twenty days or more before the day appointed therefor, expose 
 the premises therein described, to sale by public vendue or out- 
 cry, and sold the same to G. H., of the county of Erie, for the 
 sum of two hundred and fifty dollars, he being the highest and 
 best bidder, and that the highest price bidden for the same. And 
 they respectfully pray that the sale so made may be confirmed by 
 the court. A. B. 
 
 C. B. 
 
 Affidavit. 
 
 Erie County, ss. 
 
 A. B. and C. B., the persons named in the abovte return being 
 duly sworn [or affirmed] according to law, do depose and say, 
 
 N
 
 PETITIONS. 257 
 
 that the facts set forth in the above return are just and true, to the 
 best of their knowledge and belief. A. B. 
 
 C. B. 
 Sworn and subscribed before me this ~) 
 
 ,day of , A. D. 184-. 3 
 
 THOMAS BROWN, J. P. 
 
 N. B. Notice of sale of land by administrators or guardian, must 
 be advertised in at least one weekly newspaper published in the 
 county, if one be published in the county ; if not, then in an ad- 
 joining county, at least twenty days before the time appointed for 
 the sale ; and also by handbills set up in at least three of the most 
 public places in the vicinity, for the same time, as required by 
 Act of Assembly of Pennsylvania. 
 
 Petition by Guardian for sale, of Land. 
 
 To the Honourable, the Judges of the Orphans' Court of the 
 County of Cumberland. 
 
 The petition of John Jones duly sets forth, that on the 
 
 day of , A. D. 1844, he was by your honourable court duly 
 
 appointed guardian of the person and estate of Mary Burns, a 
 minor under the age of fourteen years. That the personal estate 
 of said minor is wholly insufficient for her maintenance and edu- 
 cation, [or, " that the estate of said minor is in such a state of 
 dilapidation and decay, or so unproductive and expensive that it 
 will be to the interest and benefit of the said minor that the said 
 estate be sold."] That your petitioner herewith exhibits attached 
 to this his prayer, a true and perfect inventory and conscionable 
 appraisement of all the personal estate of the said minor, together 
 with a full and correct statement and description of all the real 
 estate of said minor, wheresoever situated, which has come to the 
 knowledge of your petitioner. JOHN JONES, 
 
 Guardian of Mary Burns. 
 
 N. B. To this petition must be attached an inventory, and 
 appraisement of all the personal estate, and a full and correct 
 statement of all the real estate of the minor, with an affidavit of 
 the truth of all the facts set forth, for forms of which, see proceed- 
 ings under title of " Petition for sale of land by administra- 
 trix;" making the necessary alterations. Advertisement of sale, 
 report of sale and affidavit are the same as required of adminis- 
 trators.
 
 258 PETITIONS. 
 
 Petition where Master compels Apprentice to work at another 
 business, beats him, $c. 
 
 To the Honourable, &c. 
 
 The petition of A. B., a minor, respectfully showeth : That 
 
 your petitioner on the day of , at , with the assent 
 
 of his father, bound himself by indenture, an apprentice to C. El, 
 
 of the of , in and for the purpose of learning the art, 
 
 trade, and mystery of a . That your petitioner has always 
 
 conducted and demeaned himself as a good and faithful appren- 
 tice ought to do : that the said C. D. covenanted in the said inden- 
 ture, to use the utmost of his endeavours to teach or cause to be 
 taught and instructed, the said A. B., in the said art, trade, or 
 
 mystery of a , during the term of years, months 
 
 and days, from the said day of . Nevertheless, the 
 
 said C, D., not regarding his said covenant, has not used his best 
 endeavours to teach or cause to be taught or instructed, the said 
 apprentice in the said art, trade or mystery, but has compelled him 
 
 to labour in other business, to wit, in the business of a , and 
 
 has cruelly and without any sufficient cause, beaten, wounded, 
 and otherwise ill treated your petitioner in such a manner as to 
 make his life miserable. Your petitioner, therefore, humbly prays 
 your honours to discharge him from his said indenture, c. 
 
 Petition where Apprentice has been disobedient, idle, &fc. 
 To the Honourable , &c. 
 
 The petition of the subscriber, A. B., humbly showeth : That 
 
 at , on the day of , C. D., a minor, with the assent 
 
 of his father, E. F., was bound by indenture to petitioner for the 
 
 term of years months and days, to learn the art, 
 
 trade and mystery of . That your petitioner has complied 
 
 in all things with the covenants covenanted to be kept and per- 
 formed in said indenture on his part. But that jthe said C. D. has 
 
 on several occasions, viz., on the day of , and on various 
 
 other days and times during his apprenticeship, without the leave 
 of petitioner, absconded and absented himself from the habita- 
 tion and business of petitioner, and has, by disobedience, idleness 
 and other misbehaviour, altogether failed and neglected to dis- 
 charge his duty as an apprentice to petitioner according to his 
 covenants. Your petitioner, therefore, prays your honourable 
 court to impose such punishment on his said apprentice as your 
 honours in your discretion shall think his offence deserves, &c. 

 
 PETITIONS. 259 
 
 Petition where Apprentice, has committed larceny, SfC. 
 To the Honourable , &c. 
 
 7 
 
 The petition of A. B., of the county of , humbly showeth : 
 
 That on the day of , C. D. was, &c., bound to your peti- 
 tioner to serve for the term of years to learn the art, trade 
 
 and mystery of a , as by his indenture will appear : that the 
 
 said C. D ., hath lately and frequently been guilty of wasting your 
 petitioner's effects, as also hath committed several acts of larceny, 
 of which he now stands indicted before this court. Your peti- 
 tioner, therefore, prays the court, that he may have a hearing re- 
 specting the conduct of the said apprentice, and that the court 
 will give him relief against the indenture before mentioned agree- 
 ably to the Act of Assembly in such case made, &c. 
 
 Petition for Inquest to make Partition. 
 
 To the Honourable, the Judges of the Orphans' Court of the 
 County of Bucks. 
 
 The petition of John Jones respectfully showeth : That William 
 Burns, late of the borough of Doylestown, printer, died on the 
 day of , A. D. 1842, leaving him surviving three chil- 
 dren, to wit, I., B., &c. The said William Burns, some time prior to 
 
 his decease, to wit, on the day of , &c., made, published 
 
 and declared his last will and testament, duly proven and regis- 
 tered at , wherein and whereby he gave, devised and be- 
 queathed, after the payment of certain debts and specific legacies, 
 (as will appear on reference to the said will, a true copy whereof 
 is hereto annexed,) all the rest, residue and remainder of his estate, 
 real and personal, whatsoever and wheresoever, unto the said I., 
 B., &c., to hold to them, their heirs, executors, administrators and 
 assigns, in equal parts, share and share alike. The said William 
 Burns died, seised in his demesne as of fee, of and in the follow- 
 ing described real estate, to wit, &c. &c., [describing the real 
 estate fully and accurately.] Your petitioner, therefore, prays 
 that your honours award an inquest, to make partition of the 
 premises aforesaid, to and among the said parties interested 
 therein, in such manner and in such proportions, as by the said 
 will and the laws of this commonwealth is directed, if such par- 
 tition can be made without prejudice to, or spoiling the whole, 
 but if such partition cannot be made thereof, then to value and 
 appraise the same, and make return of their proceeding accord- 
 ing to law. And as in duty bound, &c. 
 
 JOHN JONES. 
 
 (Add the usual affidavit.) 

 
 260 PETITIONS. 
 
 For Review of Account under the Jlct ofl3th October, 1840. 
 
 To the Honourable, the Judges of the Orphans' Court of the 
 County of . 
 
 In the matter of the estate of A. B., deceased. 
 
 The prayer of your petitioner, C. D., respectfully sets forth that 
 
 the said A. B., of the county of , died intestate, on the 
 
 day of , A. D. 18 , owning and possessing at the time of his 
 
 decease personal property of great value. Letters of adminis- 
 tration were afterwards, to wit, on the day of , 1 8 , 
 
 issued in favour of and granted to G. H., in due form of law, and 
 by virtue thereof, the said G. H. took possession of the said pro- 
 perty, and realized the same, and expended certain sums of 
 money, as will more fully and specifically appear, reference being 
 had to the original (and supplementary) account of such adminis- 
 trator. Your petitioner respectfully represents that there are 
 great and material errors in the said account which ought to be 
 revised and corrected, and which errors he sets forth and assigns 
 
 as follows, to wit : first , &c., &c. \JSpecify them in 
 
 detail.'] 
 
 Your petitioner is interested in said account and estate being 
 
 , and is by such errors greatly injured. In consequence of 
 
 (the petitioner should explain the occasion of his delay in 
 
 excepting to the account] and, therefore, it is that until the pre- 
 sent time your petitioner was not aware of the existence of the 
 said errors, and did not except thereto. The said account (such 
 
 errors not having been excepted to] was on the day of , 
 
 18 , referred to X. Y. and Z., &c., auditors, to audit, settle and 
 adjust the same, and report distribution of the funds in hands of 
 the administrator aforesaid ; the said auditors, through inadver- 
 tence, did not correct the said errors, their attention not having 
 
 been called to the same, and filed their report on the day of 
 
 , 18 , which report was afterwards, on the day of 
 
 , 18 , to wit: within five years last past, confirmed by de- 
 cree of your honourable court, as will more fully appear on refer- 
 ence to the records of your said court: and your petitioner is cre- 
 dibly informed, and verily believes that the balance found due 
 from G. H., the administrator as aforesaid, has not been actually 
 paid or discharged by said administrator, but still remains in his 
 hands. 
 
 For all which errors and imperfections in the said account and 
 the said decree of confirmation, your petitioner has brought this 
 his bill or petition of review, and humbly conceives that he should 
 be relieved therein ; to the end, therefore, that the petitioner may 
 have the privilege of a re-hearing of so much of the said account 
 as is hereinbefore alleged to be in error, and may have such relief 
 as equity and justice may require, may it please your honours to
 
 PETITIONS. 261 
 
 grant to this petitioner a citation upon the said G. H., and all 
 other persons interested, commanding them upon a day certain to 
 be therein specified, to appear before your honourable court, and 
 show cause, if any they have, why so much of the said account 
 as is hereinafter alleged to be in error, should not be referred back 
 to the said auditors, to be by them reviewed, reversed and cor- 
 rected. 
 
 And as in duty bound, &c. 
 
 A. B., being duly sworn, doth depose and say, that all and sin- 
 gular the statements contained in the above petition and assign- 
 ment of errors are just and true, to the best of his knowledge and 
 belief. Sworn, &c. 
 
 Petition for the appointment of seven men to make Partition. 
 
 To the Honourable, the Judges of the Orphans' Court of the 
 County of Erie. 
 
 The petition of John Jones respectfully showeth, that William 
 Burns, late of Waterford, tanner, died on the, &c., [proceed to set 
 forth the death, probate of will, devise, and description of the 
 real estate, as in the foregoing petition, then continue as follows :] 
 
 No partition or valuation of said premises has been made, and 
 your petitioner respectfully represents, that C. D., &c., [naming 
 " seven or more disinterested persons,"] have been chosen, on be- 
 half, and with the consent of all parties concerned, to make par- 
 tition of the real estate of the said decedent, to wit : the premises 
 afore-described, or in case the same cannot be divided among the 
 said parties without prejudice to or spoiling the whole, to make, 
 and as by law required, to return, a just appraisement thereof to 
 your said court. Whereupon your petitioner prays that the said 
 C. D., &c. &c., may be appointed for the purpose aforesaid, and as 
 in duty bound, &c. JOHN JONES. 
 
 (The usual affidavit.) 
 
 We, the undersigned, heirs and devisees of William Burns, de- 
 ceased, do consent and agree that the Orphans' Court for the 
 County of Erie, appoint C. D., &c. &c., to make partition, &c., [as 
 in the petition.] 
 
 Petition for Citation to Widow to accept or refuse a Device or 
 
 Bequest. 
 
 To the Honourable, &c. 
 
 The petition of J. M., &c., respectfully represents : That he is 
 one of the legatees under the will of S. M., deceased : that by said 
 will, certain personal estate was bequeathed (or real estate devised) 
 to J. M., the now widow and relict of said decedent; that said 

 
 262 PETITIONS. 
 
 decedent has been dead longer than twelve months, and the said 
 J. M. has not made her election to take or refuse the said bequest, 
 which, if accepted, leaves her right of dower, as by the act in such 
 case made and provided is directed. 
 
 The petitioner, therefore, prays the court to award a citation, 
 directed to the said J. M., commanding her to be and appear at 
 
 an Orphans' Court, to be holden on the day of , then 
 
 and there to make her election, either to accept such [devise] [or 
 bequest] in lieu of dower, or waive such devise or bequest, and 
 to take her dower, pursuant to the directions of the Act of As- 
 sembly in such case made and provided. And he will, &c. 
 
 Petition for a Rule on the heirs to come in and accept or refuse 
 to take the Real Estate of Decedent at the valuation. 
 
 To the Honourable, the Judges of the Orphans' Court of the County 
 of Erie. 
 
 The petition of John Jones, one of the heirs of William Burns, 
 deceased, who died intestate, respectfully represents : That the 
 
 inquest appointed by this court on the day of , to make 
 
 partition or valuation of the real estate of said decedent, have re- 
 turned that the said premises cannot be divided, so as to accom- 
 modate all the heirs, but that the same may accommodate one of 
 the heirs of said decedent, and they have reported the same ac- 
 cordingly : the petitioner, therefore, prays the court to grant a rule 
 upon the heirs and representatives of said decedent, requiring 
 them to be and appear at the Orphans' Court to be holden the 
 
 day of next, then and there to accept or refuse the said 
 
 estate at the valuation thereof, agreeably to the Acts of Assembly 
 in such case made and provided : and in case all the heirs and 
 representatives refuse to take same as aforesaid, then to show 
 cause, if any they have, why the said premises should not be sold, 
 according to the Act of Assembly in such case made and provided. 
 And he will, &c. JOHN JONES. 
 
 (Add the usual affidavit.) 
 
 Petition for a citation to Executors to give security for the 
 execution of their trust. 
 
 To the Honourable, the Judges of the Orphans' Court of the County 
 of Erie. 
 
 The petition of John Jones, husband of Mary, daughter of Wil- 
 liam Burns, late of the borough of Erie, deceased, respectfully 
 showeth : That William Burns, late of the borough of Erie, mer- 
 chant, died on the day of , leaving him surviving three 
 
 children, to wit, Mary, wife of your petitioner, Samuel and Tho- 

 
 PETITIONS. 263 
 
 mas. The said William Burns, some time prior to his decease, to 
 
 wit, on the day of , &c., made and published his last 
 
 will and testament, duly proven and registered at Erie, wherein 
 and whereby he gave, devised and bequeathed, after the payment 
 of his debts, (as will appear on reference to the said will, a true 
 copy whereof is hereto annexed,) all the rest, residue and remain* 
 der of his estate, real and personal, whatsoever and wheresoever, 
 unto the said Mary, &c., subject to the right of dower of Anna 
 Burns, widow of the said William Burns. That the said Anna 
 was by said last will and testament appointed executrix thereof, 
 and directed to sell and dispose of the said real and personal es- 
 tate, and divide the proceeds equally among the children of the 
 said decedent without delay. That the said William Burns died 
 seised in his demesne as of fee, of and in the following described 
 real estate, to wit, &c., [describe the real estate.] 
 
 That although more than years have elapsed since the 
 
 said Anna took upon herself to execute said will and administer 
 upon the estate of said decedent, yet she hath not distributed unto 
 said Mary the share she is entitled to in said estate by said will. 
 But on the contrary has sold and disposed of a large portion of 
 said real estate, for a large sum of money, to wit, three thousand 
 dollars and upwards, and has, as this petitioner verily believes, 
 appropriated the same to her own use. That she, &c., [here in- 
 sert any other facts that may be required in the particular case.] 
 That she is wasting and mismanaging the property intrusted to 
 her by the said last will and testament, so as the legatees of the 
 said will will be left without remedy, unless prevented by order 
 of this court. Your petitioner, therefore, prays your honourable 
 court to issue a citation to the said Anna Burns, executrix as 
 aforesaid, requiring her to appear on a da certain before the 
 Orphans' Court, to show cause, if any she has, why she shall not 
 be required to give security, conditioned for the performance of 
 her respective trusts as executrix aforesaid. And your peti- 
 tioner will, &c. JOHN JONES. 
 
 (Add the usual affidavit.) 
 
 Petition for Habeas Corpus, where Petitioner is under arrest 
 on Civil Process. 
 
 To the Honourable J. B., Esq., Associate Judge of the Court of 
 
 Quarter Sessions of the County of Erie. 
 
 The petition of John Jones respectfully showeth : That your 
 petitioner is unjustly held and detained in custody by Daniel Mar- 
 tin, one of the constables [or A. B., keeper of the debtor's depart- 
 ment, &c., or C. D., the sheriff], of Erie County, who refuses to 
 discharge him and set him at liberty, and that your petitioner is 
 not detained or confined by virtue of any commitment for any 
 criminal or supposed criminal matter.
 
 264 PETITIONS. 
 
 Your petitioner, therefore, prays, that your honour will direct to 
 be issued, a writ of habeas corpus, returnable forthwith, agreeably 
 to the Act of Assembly in such case made and provided, against 
 the said Daniel Martin or such other person in whose custody 
 your petitioner may be found, that cause may be shown, if any 
 fcxist, why he should not be discharged and set free. And he 
 will, &c. JOHN. JONES. 
 
 Personally appeared the above-named John Jones, before me, 
 
 the subscriber, one of the of the of , and made 
 
 solemn oath, in due form of law, that the facts set forth in the 
 above petition are true to the best of his knowledge and belief. 
 
 JOHN JONES. 
 
 Sworn and subscribed before me ) 
 
 the day of , A. D. 1844. 5 
 
 THOMAS BROWN, J. P. 
 
 Petition for Habeas Corpus, where the Petitioner is in the 
 Criminal Department. 
 
 To the Honourable, &c. 
 
 The petition of John Jones respectfully showeth : That your 
 petitioner is confined unjustly (as he apprehends), in the jail of the 
 county aforesaid, for some criminal or supposed criminal matter, 
 as appears by a copy of the warrant of the commitment hereto 
 annexed. To be relieved from which imprisonment, your peti- 
 tioner now applies, praying that a writ of habeas corpus may be 
 issued according to the Act of Assembly in such case made and 
 provided, so that your petitioner may be brought before your 
 honour, to do, sublet to and receive what the laws may require. 
 
 (Add the affidavit.) JOHN JONES. 
 
 Petition for Habeas Corpus, where Petitioner is deprived of 
 liberty by master or any other person. 
 
 To the Honourable, &c. 
 
 The petition of John Jones respectfully showeth : That he is 
 now restrained of his liberty by Daniel Stone, illegally and wrong- 
 fully, for no criminal or supposed criminal matter. He therefore 
 prays your honour to grant a writ of habeas corpus, directed to 
 the said Daniel Stone, commanding him to bring before your 
 honour, his the petitioner's body, to do as and abide such order 
 as your honour may direct. And he will, &c. 
 
 (Add the affidavit.) JOHN JONES. 

 
 PETITIONS. 265 
 
 Petition for Habeas Corpus by a Parent for a Child. 
 To the Honourable, &c. 
 
 The petition of John Jones respectfully showeth : That your pe- 
 titioner's daughter, Mary Jones, aged years, is restrained of 
 
 her liberty by Daniel Stone, of the township of , that she is 
 
 not detained for any criminal or supposed criminal matter. The 
 petitioner therefore prays your honour to grant a writ of habeas 
 corpus, agreeably to the Act of Assembly in such case made and 
 provided, to bring up the body of the said Mary Jones. And he 
 will ever pray, &c. JOHN JONES. 
 
 (Add the affidavit.) 
 
 Petition for Habeas Corpus ad testificandum. 
 To the Honourable, &c. 
 
 The petition of John Jones, of the of , respectfully 
 
 showeth : That your petitioner is the party in a cause now pend- 
 ing before arbitrators appointed out of your honourable court, [or 
 before your honourable court,] in a certain cause therein pending, 
 in which a certain Daniel Stone is the defendant, that the said 
 arbitrators are appointed to meet for the purpose of considering 
 the said cause, [or the said cause will come on for trial,] on the 
 day of , A. D. 1845, at , that Samuel Dean, a pri- 
 soner under custody of Thomas Brown, keeper of the prison, is a 
 material witness for your petitioner. The petitioner therefore 
 prays the court to award a writ of habeas corpus, directed to the 
 said Thomas Brown, requiring him to produce the body of the 
 said Samuel Dean, before the said arbitrators, [or the honourable 
 court,] to testify on behalf of your petitioner. JOHN JONES, 
 
 by his att'y, ROBERT MARTIN. 
 
 John Jones [or Robert Martin,] being duly sworn, says, that 
 the facts set forth in the above petition are true as he believes. 
 
 JOHN JONES, 
 [or ROBERT MARTIN.] 
 
 Petition to enter an Appeal from an Order of removal of 
 
 Pauper. 
 To the Honourable, &c. 
 
 The petition of the undersigned overseers of the poor of the 
 
 township of , in the said county, respectfully showeth : That 
 
 they feel themselves aggrieved by an order made by A. B. and 
 C. D., two of the justices of the peace for the said county for the 
 removal of M. H., a poor person from the township of to
 
 266 . PETITIONS. 
 
 the township of in said county, which order of removal is 
 
 dated the day of , A. D. , a copy whereof is hereto 
 
 annexed. That notice has been given by your petitioners to the 
 overseers of the poor of the said township of , of their inten- 
 tion to appeal from said order of removal to your honour, a copy 
 of which notice is also hereto annexed. 
 
 Your petitioners, therefore, pray your honours to permit them 
 to enter an appeal from the said order of removal. And they 
 will pray, &c. 
 
 Petition for Mandamus. 
 
 To the Honourable, &c. 
 
 The petition of A. B., of , humbly showeth : That, &c., 
 
 (here state all the facts and matters complained of as they oc- 
 curred.) 
 
 Your petitioner, therefore, prays that a mandamus may be 
 
 issued to the said , commanding them to , or to grant a 
 
 rule on the said to show cause why a mandamus should not 
 
 be issued for the purposes aforesaid. And he will pray, &c. 
 
 Add affidavit. 
 
 Petition for the appointment of persons to appraise Assigned 
 
 Property. 
 
 To the Honourable, &c. 
 
 The petition of C. D., of the of , in the county of , 
 
 respectfully represents : That on the day of , A. D. 
 
 , E. F., of , and G., his wife, executed a deed of assign- 
 ment of all their property, real, personal and mixed, to your pe- 
 titioners in trust for the benefit of the creditors of the said E. F., 
 as in the said deed is more particularly set forth. 
 
 Your petitioner, therefore, prays your honour to appoint two 
 or more disinterested and competent persons to appraise the estate 
 and effects so as aforesaid assigned to him as is required by the 
 Act of Assembly in such case made and provided. And he will 
 pray, &c. 
 
 Petition for a Pedlar's License. 
 
 \ 
 To the Honourable, &c. 
 
 The petition of E. F., of , respectfully showeth : That he 
 
 is a citizen of the United States of America, and by reason of 
 bodily infirmity is incapable of procuring a livelihood by labour, 
 that being desirous of traveling as a hawker and pedlar with 
 horses and wagon or other vehicle, he has this day paid into
 
 PETITIONS. 267 
 
 the hands of ?Esq., treasurer of said county, the sum of 
 
 dollars. 
 
 He therefore prays your honours to grant him a license to travel 
 
 as a hawker and pedlar for one year, .with horses and wagon. 
 
 And he will ever pray, &c. 
 
 Petition for the appointment of Auditors on the accounts of 
 
 Guardian. 
 
 To the Honourable, &c. 
 
 The petition of J. F., respectfully represents : That S. J., his 
 late guardian, has filed the account of his guardianship, which he 
 prays may be referred to auditors appointed by the court to audit 
 and adjust the same, and make report thereon. And he will, &c. 
 
 Petition where Trustee of a fund is Insolvent, mismanaging, 
 
 $c. 
 
 To the Honourable, the Judges of the Court of Common Pleas of 
 the County of . 
 
 The petition of A. B. respectfully showeth : That a certain 
 
 C. D., in and by his last will and testament, dated the day of 
 
 , A. D. , and proved before the Register of Wills of the 
 
 of , on the day of , A. D. , among other 
 
 things made the following bequest : [insert bequest,] (or as by a 
 
 certain deed or indenture , bearing date the day of 
 
 , A. D. , between , of the first part, , of the 
 
 second part, and of the third part.) That since the decease 
 
 of the said testator, [or since the execution of the said deed] one 
 of the said trustees died, and the trust reposed thereby became 
 exclusively vested in the said E. F. his executors, administrators 
 and assigns. That the said E. F. has not, as your petitioners are 
 
 informed and verily 'believe, placed the said sum of dollars 
 
 at interest, as directed by said last will and testament, (or inden- 
 ture of trust,) nor has the interest of the said sum of dollars, 
 
 or any part thereof, been used and applied for the purpose speci- 
 fied in the said last will and testament, (or deed of trust,) or ac- 
 counted for by the said E. F., although the said E. F. has been 
 often requested so- to do. Your petitioners, therefore, allege that 
 the said E. F. has neglected and abused the uses and trusts re- 
 posed in him as aforesaid, and that the said trust has not been 
 duly executed by the said E. F. They, therefore, pray the said 
 court to grant them a rule upon the said E. F., to appear before 
 the said court on a day to be named by the said court, to answer 
 the complaint of your petitioners agreeably to the directions of 
 the Act of the General Assembly, to account before this court, or
 
 268 PETITIONS. 
 
 before auditors, as the court shall direct, of and for the execution 
 of the said trust, and also to show cause why he should not be 
 removed from the said trust, and another person appointed in his 
 place and stead. 
 
 Petition where Trustee under Marriage Settlement is Insol- 
 vent, 4*c. 
 
 To the Honourable the Judges of the Court of Common Pleas for 
 the County of . 
 
 The petition of A. B. of the of , and C., his wife, re- 
 spectfully showeth : That by indenture tripartite, bearing date the 
 
 day of , in the year of our Lord one thousand eight 
 
 hundred and , between the said C., then C. D., with the ap- 
 probation of her guardian, E. F., of the first part, your petitioner, 
 A. B., of the second part, and G. H., of the third part, in contem- 
 plation of the marriage then about to be solemnized between your 
 
 petitioners, a large estate, to the amount of upwards of 
 
 dollars, belonging to your petitioner, C. B., then a minor, 
 
 and in the hands and possession of the said C. F., as her guard- 
 ian, was assigned, transferred and set over unto the said G. H., 
 to have and to hold, unto him, his executors and administrators, 
 upon the trusts and for the uses and purposes in the said indenture 
 mentioned, and which by reference to the same, will more fully 
 appear. That the said G. H. took upon himself the duties of 
 
 trustee, and the estate above-mentioned, went into his hands, 
 
 or remained there, upon the trusts and for the uses and purposes 
 in the said indenture mentioned. That the said G. H. has mis- 
 managed the said estate committed, as aforesaid, to his care, and 
 has neglected to perform the duties of the trust thus confided to 
 him. That the said G. H. is in insolvent circumstances, and has 
 lately made an assignment for the benefit of his creditors. Your 
 petitioners, therefore, pray that a citation may be issued to the 
 said G. H., to show cause why he should not be dismissed from 
 the said trust, according to the directions of the Act of Assembly 
 in such case made and provided. And they will pray, &c. 
 
 Petition after Trustee is dismissed, for Appointment of a 
 
 new one. 
 
 To the Honourable the Judges of the Court of Common Pleas 
 for the County of . 
 
 The petition of A. B., of the of , and C., his wife, 
 
 respectfully showeth : That whereas under and by virtue of an 
 Act of Assembly of the Commonwealth of Pennsylvania, entitled 
 "A supplement to the Act" entitled " An Act to compel assignees
 
 PETITIONS. 269 
 
 to settle their accounts, and for other purposes/' passed the 
 twenty-ninth day of March, Anno Domini one thousand eight 
 hundred and twenty-three, your petitioners lately presented a 
 petition to the said court, praying that a citation might be issued 
 to D. E., the trustee named in a certain indenture tripartite, men- 
 tioned in the said petition, bearing date the day of * 
 
 Anno Domini one thousand eight hundred and , to show 
 
 cause why he should not be dismissed from the trust in the said 
 indenture specified. 
 
 And whereas, the said citation was duly granted by the said 
 court, and issued, directed to the said D. E. And upon the hear- 
 ing thereupon had by the said court, they did actually dismiss the 
 said D. E. from the said trust, pursuant to the said Act of Assem- 
 bly. And whereas it is agreeable to your petitioners, the cestui 
 
 que trust in the said indenture named, that F. G. of the of 
 
 should be appointed a new trustee in lieu and in the place 
 
 of the said D. E., so as aforesaid dismissed from the said trust. 
 They, therefore, pray that the said F. G. may now be appointed 
 by the said court, such new trustee as aforesaid, under, by virtue, 
 and in pursuance of the said Act of Assembly. And your peti- 
 tioners will ever pray, &c. 
 
 Petition for leave to prove Contract of decedent to convey. 
 
 To the Honourable the Judges of the Court for the County 
 
 of . 
 
 The petition of A. B., of the of , respectfully show- 
 
 eth : That C. D., late of the of , died on the day 
 
 of , at , intestate, (or having first duly made and pub- 
 lished his last will and testament, wherein and whereby 0. P. and 
 Q. R., both of the said county, were nominated the executors 
 thereof, which said will has been duly proved according to law, 
 and letters testamentary thereon issued to the said 0. P. and Q. 
 R., of whose executorship accounts your honourable court have 
 jurisdiction,) and letters of administration have been issued, in 
 due course of law, to 0. P. and Q. R., administrators of all and 
 singular the goods, chattels and estate of said C. D. The said C. 
 
 D., in his life-time, to wit : on the day of , in the year 
 
 of our Lord one thousand eight hundred and , was seised in 
 
 fee of and in , to wit : All that, &c. ( Here describe the pro- 
 perty.} 
 
 That being so seised, the said C. D. did, (or by E. F. and G. 
 H., his lawful attorneys, duly constituted by power in writing, 
 with the full knowledge, consent and approbation of the said C. 
 D., did,) by a bargain or contract in writing, bind himself to sell 
 and convey the said real estate with the appurtenances, unto your 
 petitioner, A. B., in fee simple, in consideration of dollars, to
 
 270 PETITIONS. 
 
 be paid to the said C. D. That your petitioner paid unto the said 
 
 C. D., in the life-time of the said C. D., the sum of dollars, 
 
 a part of the purchase-money, and by direction of the said C. D., 
 (or the said E. F. and G. H.,) a deed was prepared, but its exe- 
 cution was prevented by the death of the said C. D., (or enter 
 *nto a parol contract for the conveyance of the said real estate to 
 your petitioner.) That your petitioner is ready and willing to pay 
 the said consideration money, but that no sufficient provision for 
 the performance of the said bargain or contract appears to have 
 been made by the said deceased in his life-time, though he was 
 well satisfied, and intended that the same should be consum- 
 mated. 
 
 Your petitioner, therefore, prays that this honourable qfcurt will 
 be pleased to designate some day certain at which notidLrtiay be 
 given to the executors (or administrators) and heirs, ofHhe said 
 deceased C. D., (or the devisees of the afore-mentioned real estate, 
 if such there be,) to appear in your said court and answer this 
 bill or petition: and furthermore, that this honourable court will 
 be pleased to decree the specific performance of the said con- 
 tract according to the true intent and meaning thereof, in order 
 to the completing of her title according to the Act of Assembly, 
 in such case made and provided. 
 
 A. B., the petitioner, being duly , declares, that the facts 
 
 stated in the foregoing petition are true to the best of his know- 
 ledge and belief. 
 
 Sworn, &c. 
 
 Petition for Commission de Inebritate Inquirendo. 
 To the Honourable, &c. 
 
 The petition of A. B., of the of , and State of Penn- 
 sylvania, respectfully showeth, that is a citizen of this com- 
 monwealth, and is a relation by blood or marriage (or is interested 
 
 in the estate) of C. D., of the of , being (brothers) to the 
 
 said C. D., and that , the said C. D. has become an habitual 
 
 drunkard, by reason of habitual drunkenness become incapable 
 of managing his estate, and is wasting and destroying the same ; 
 that he, the said C. D., is seised of considerable real estate, and 
 
 possessed of some personal property, and has a and 
 
 children. Your petitioner, therefore, prays this honourable court 
 to appoint a commissioner, (or commissioners,) and issue their 
 precepts to the same, directing them to proceed in the same man- 
 ner as has heretofore been used in cases of persons non compos 
 mentis, and to inquire whether the said C. D. has or has not, by 
 reason of habitual drunkenness, become incapable of managing 
 his estate, and also to do such further things as the Act of Assem- 
 bly, in such case made and provided, may require. And he will 
 ever pray, &c.
 
 PETITIONS. 271 
 
 Petition of Defendant, alleging reformation, and praying the 
 Court to revoke the original order. 
 
 To the Honourable, &c. 
 
 The petition orC. D. respectfully showeth : That your peti- 
 tioner was found by inquisition, under a commission issued by 
 your honours, to have been an habitual drunkard, and your hon- 
 ours in consequence thereof, in term, 18 , appointed 
 
 a committee of your petitioner ; he now represents to your 
 
 honours, that has become reformed and habitually sober, 
 
 and that the said committee as well as your petitioner's family, 
 
 are convinced of 's said reformation and sobriety, and are 
 
 now willing and desirous that the stigma upon your petitioner 
 
 and family, as well as 's incapacity to transact business 
 
 for and their support, should be removed by this honourable 
 
 court as far as in them lies. Your petitioner, therefore, prays 
 your honours, to take proof of the said facts, and upon full proof 
 being made 1 of the truth of the foregoing allegations, to make an 
 order that the said commission and the inquisition taken thereon, 
 and the appointment of a committee, and all proceedings relat- 
 ing thereto, be altogether superseded, and determined, and he 
 will, &c. 
 
 (The usual affidavit.) 
 
 Petition for a Tavern License. 
 
 To the Honourable, the Judges of the Court of Quarter Sessions 
 of the Peace for the County of Erie. 
 
 The petition of John Jones respectfully showeth : That your 
 petitioner occupies a commodious house, situate in the township 
 
 of Arnity, on the road leading from to , which is well 
 
 calculated for a public house of entertainment, and from its 
 neighbourhood and situation, is suitable as well as necessary for 
 the accommodation of the public, and the entertainment of stran- 
 gers and travelers. 
 
 That he is well provided with stabling for horses, and all con- 
 veniences necessary for the entertainment of strangers and travel- 
 ers : he, therefore, respectfully prays the court to grant him a 
 license to keep an inn, or public house of entertainment there. 
 And your petitioner will pray, &c. JOHN JONES. 
 
 AMITY, January 10, 1845. 
 
 We, the undersigned, citizens of the township of Amity afore- 
 said, being personally acquainted with John Jones, the above- 
 named petitioner, and also having a knowledge of the house for 
 which the license is prayed, do hereby certify that such house is
 
 272 PETITIONS. 
 
 necessary to accommodate the public, and entertain strangers or 
 travelers, that he is a person of good repute for honesty and tem- 
 perance, and that he is well provided with house room and con- 
 veniences for the lodging and accommodation of strangers and 
 travelers. We, therefore, beg leave to recommend him for a 
 license, agreeably to his petition. 
 
 The above certificate must be signed by at least twelve 
 respectable citizens of the borough, ward or township, in which 
 the tavern is proposed to be kept. Petitions for tavern licenses 
 must be presented at the first or second term of the court of 
 Quarter Sessions in each year, and notice given of the intended 
 application in accordance with the first section of the Act of 
 Assembly of Pennsylvania, of the 29th March, 1841, which is as 
 follows. 
 
 Be it enacted, Sfc. That every person intending to apply for 
 a tavern license in any city or county of this commonwealth, from 
 and after the first day of April next, shall give public notice of 
 the same, by at least three publications in two newspapers, where 
 the application is made in any of the cities, and in one, where the 
 application is made in any of the counties of this commonwealth, 
 (if so many there be in said city or county, or if there be no 
 newspaper published, then by printed hand-bills, to be posted 
 throughout the township in six of the most public places, of which 
 fact an affidavit, together with a copy of the printed notices, shall 
 be attached to the application,) which publication shall be made 
 nearest the place where such tavern is intended to be kept, and 
 shall embrace the certificate required by the fourth section of the 
 act passed on the eleventh of March, one thousand eight hundred 
 and thirty -four, entitled, "An act relating to inns and taverns, and 
 so forth," the last of which publications shall be at least ten days 
 before the first day of the term of the court, to which the appli- 
 cation shall be made. 
 
 Petition to the Legislature for a Turnpike Road. 
 
 To the Honourable, the Senate and House of Representatives 
 of the Commonwealth of Pennsylvania, in General Assembly 
 met: 
 
 We, tlje undersigned citizens, inhabitants of , respectfully 
 
 represent, That, whereas many parts of this commonwealth, as 
 well as parts of the adjoining states, derive peculiar advantages 
 from the turnpike roads which are interspersed through various 
 sections of them, while other sections, presumed to be equally 
 entitled to such advantages, labour under great inconveniences 
 for want of advantages of a similar kind, particularly that part of 
 
 this state which lies between the end of and , the 
 
 great thoroughfare in that direction, of teams, carriages and other
 
 PETITIONS. 273 
 
 vehicles of transportation, all which justifies the call for a good 
 arid commodious road, to facilitate the transportation of country 
 produce and other commodities to an eligible and ready market. 
 
 We, therefore, pray your honourable body to enact a law, au- 
 thorizing the governor to incorporate a company to survey, lay 
 
 out, construct and make a turnpike road , in the county of 
 
 , by the nearest and best route to , and from thence to 
 
 , aforesaid. 
 
 We also pray your honourable body, to authorize the governor 
 
 to subscribe, on behalf of the commonwealth, for shares, to 
 
 be paid in such manner as they in their wisdom may deem meet 
 and proper, for the furtherance of the object of your petitioners, 
 and they will pray, &c. 
 
 Petition to the Legislature for a State Road. 
 To the Honourable, [as above.] 
 
 Your petitioners, inhabitants of the county of , aware that 
 
 the Legislature of Pennsylvania is at all times favourably disposed 
 towards all useful internal improvements, which tend to benefit 
 and add comfort to her fellow citizens, most respectfully repre- 
 sent : That in consequence of the bridge at , over the , 
 
 being completed for the passage of teams, carriages, horses and 
 travelers of every description, and the outlet west of said river, 
 being inconvenient in many directions, especially for the greater 
 part of the inhabitants of said county, lying in the direction of 
 , on the , &c. It is, therefore, the opinion of your peti- 
 tioners, that if a road was laid out and opened from the west end 
 
 of said bridge, the nearest and best route to , aforesaid, on 
 
 the , it would not only be convenient and useful to the inha- 
 bitants in the north and north-west end of said county, but open 
 a direct communication with the neighbouring counties, upon and 
 
 adjacent to the , and thereby afford easy and safe access to 
 
 a good market, as well as to the seat of government, where many 
 
 people in the northern and western counties beyond , have 
 
 frequent and necessary business, during almost every season of 
 the year, but particularly when your honourable body is in ses- 
 sion. Your petitioners, therefore, pray that a law may be passed, 
 authorizing the appointment of commissioners, to view and lay 
 out a road, in such direction, as the end of your petitioners' prayer 
 may be accomplished : And they will pray, &c. 
 
 Petition for erecting a Bridge on County Line. 
 To the Honourable, the Judges, &c. 
 
 The petition of the subscribers, inhabitants of the counties of 
 Green and Fayette, respectfully represent: That a bridge is much
 
 274 PETITIONS. 
 
 wanted over the Monongahela river, being the line of the said 
 counties, at the place where the public highway to Union crosses 
 
 the said river, in the township of in Greene County, and in 
 
 the township of in Fayette County, and that the erection of 
 
 such bridge will require more expense than it is reasonabe the 
 said townships should bear. Your petitioners, therefore, pray the 
 court to appoint proper persons to view the premises, and to take 
 such order on the subject as is required and directed by the Acts 
 of Assembly in such cases made and provided. And they 
 will, &c. 
 
 Petition to authorize the Recorder to enter satisfaction upon a 
 
 Mortgage. 
 
 To the Honourable J. B., President Judge of the Court of Com- 
 mon Pleas of Berks County. 
 
 ' 
 
 The petition of A. B. respectfully showeth : That on the tenth 
 day of February, A. D. 1837, C. D., of the township of Maiden 
 Creek, executed to E. F., of the township of Windsor, a certain 
 indenture of mortgage, in due form of law, which is recorded in 
 Mortgage Book A., page 365, for securing the payment of the 
 sum of eleven hundred dollars, lawful money of the United 
 States, relation being thereunto had will more fully and at large 
 appear. That the said E. F. being the legal holder of the said 
 mortgage, has died, without entering satisfaction upon the record 
 of the same ; and that payment has been made of all the money 
 or amount due thereon, and has so continued for more than two 
 years; and that your petitioner is the owner of the premises 
 mortgaged as aforesaid. Wherefore, he respectfully prays your 
 honourable court, to direct the sheriff to serve a notice, stating the 
 facts in this petition set forth, on G. H. and I. K., the legal repre- 
 sentatives of the said E. F., who are to be found in the said 
 county, requiring them to appear at the next term, and answer 
 the petition as aforesaid. And your petitioner further prays, that 
 upon due proof being made, that the full amount for which the 
 said mortgage was given, has been paid, that your honourable 
 court will decree and direct, that satisfaction shall be entered upon 
 the record of the said mortgage, by the recorder of deeds, on pay- 
 ment of the costs due, relative to the entry of the said mortgage, 
 or any proceedings thereon, and that said satisfaction so entered, 
 shall forever discharge, defeat and release the same mortgage, ac- 
 cording to Act of Assembly in such case made and provided. 
 And he will pray, &c. A. B.
 
 PETITIONS. 275 
 
 Petition to compel a Deed for property sold by former Sheriff. 
 
 To the Honourable the Judges of the Court of Common Pleas of 
 the County of Berks. 
 
 The petition of A. B., of the township of Rockland, respect- 
 fully showeth: That, by virtue of a writ of venditioni exponas, 
 issued out of this honourable court, C. D., Esquire, then sheriff 
 of the county, sold to your petitioner, all that [here describe the 
 premises,] for the sum of fifteen hundred dollars ; that before a 
 deed was executed, the said C. D. died, and E. F., Esquire, hath 
 since been duly elected sheriff: That your petitioner, having com- 
 plied with the conditions of sale, is desirous of having his title to 
 the premises perfected. He, therefore, prays your honours to 
 order and direct the said E. F., the present sheriff, to perfect the 
 title, by executing to him a deed for the premises so by him pur- 
 chased, according to Act of Assembly in such case made and 
 provided. And he will, &c. A. B. 
 
 Where former Sheriff has gone out of Office. 
 To the Honourable, &c., [as above.] 
 
 That C. D., then sheriff of the county of Erie, by virtue of a 
 writ of venditioni exponas, to him directed, issuing out of this 
 honourable court, returnable to August Term, A. D. 1844, and 
 numbered 49 of that term, in a suit wherein E. F. was plaintiff 
 and G. H. defendant, did expose to sale a certain piece or parcel 
 of land therein described, and sold the same to him, the said peti- 
 tioner, as in and by the said sheriff's return, indorsed on said writ 
 appears. But the said sheriff executed no deed to your petitioner, 
 nor have any further proceedings been since had in the matter; 
 and the said sheriff has since gone out of office by the limitation 
 of his term. Your petitioner, therefore, prays this honourable 
 court to order and direct the present sheriff to make and execute 
 a sufficient deed to him for the property aforesaid, he paying the 
 purchase-money. And he will, &c. A. B. 
 
 Petition for Subpoena in Divorce, for desertion. 
 
 To the Honourable the Judges of the Court of Common Pleas of 
 the County of Erie. 
 
 The petition O f John Jones, of Erie, carpenter, in all humble 
 manner, showeth: That your petitioner was on the - - day of 
 , &c., lawfully joined in marriage, with Mary Burns, his pre- 
 sent wife, and from that time lived and cohabited with her, and 
 hath in all respects demeaned himself as a kind and loving hus-
 
 276 PETITIONS. 
 
 band ; and although by the laws of God, as well as by the mutual 
 vows plighted to each other, they were bound to that constancy 
 and uniform regard and chastity which ought to be inseparable 
 from the marriage state,[*] yet the said Mary, in violation of her 
 marriage vow, hath wilfully and maliciously deserted and ab- 
 sented herself from the habitation of your petitioner, without rea- 
 sonable or probable cause, for the space of two years and upwards 
 next preceding the date hereof. Wherefore, your petitioner fur- 
 ther showing that he is a citizen of this state, and hath resided 
 therein for upwards of one whole year previous to the filing of 
 this his petition, prays your honours that a subprena may issue 
 in due form of law, directed to the said Mary, commanding her 
 to appear at the next Court of Common Pleas to be held at Erie, 
 to answer the petitioner's libel, and to show cause, if any she 
 hath, why the petitioner should not be divorced from the bond of 
 matrimony. And he will pray, &c. 
 
 JOHN JONES. 
 
 The above-named John Jones being duly sworn according to 
 law, doth depose and say, that the facts contained in the above 
 petition or libel, are true, to the best of his knowledge and belief: 
 a,nd that the said complaint is not made out of levity, or by collu- 
 sion between him and the said Mary his wife, and for the mere 
 purpose of being freed and separated from each other, but in sin- 
 cerity and truth, for the causes mentioned in the said petition or 
 libel. 
 
 JOHN JONES. 
 Sworn and subscribed before me this } 
 
 day of A. D. . 5 
 
 THOMAS BROWN, J. P. 
 
 Petition for Subpoena in Divorce, for intolerable treatment. 
 To the Honourable, &c. 
 
 The petition of Mary Jones, by her next friend Samuel Dean, 
 &c., [as in the foregoing petition to the asterisk, with the necessary 
 change of parties,] yet so it is that the parties being at the time 
 domiciled within the commonwealth of Pennsylvania, the said 
 John Jones has offered such indignities to the person of your peti- 
 tioner, as to render her condition intolerable, and her life burthen- 
 some, and thereby forced her to withdraw from his house and 
 family. Wherefore, your petitioner further showing that she is 
 a citizen of the State of Pennsylvania, and has resided therein for 
 upwards of one whole year previous to filing this her libel, prays 
 &c., [as in the preceding form.]
 
 PETITIONS. 277 
 
 Petition for Subpoena in Divorce. 
 
 On the ground of Adultery. 
 To the Honourable, &c. 
 The petition, &c., [as in the first petition to the asterisk,] yet so 
 
 it is, that the said in violation of his [or her] marriage vow, 
 
 hath for a considerable time past, being at such time domiciled 
 within the commonwealth of Pennsylvania, given himself [or 
 herself] up to adulterous practices, and been guilty of adultery 
 with a certain M. S., and divers other persons, to your petitioner 
 unknown. Wherefore, your libellant further showing that, &c., 
 [as in the first petition for divorce.] 
 
 Petition for divorce from bed and board, and for Alimony. 
 For Abandonment of Family. 
 
 To the Honourable, the Judges of the Court of Common Pleas, 
 
 for the County of Erie. 
 
 The petition of Mary Jones, by her next friend, Samuel Dean, re- 
 spectfully showeth : That your petitioner on the day of 
 
 in the year, &c., [as in the first petition to the asterisk, making the 
 necessary alterations as to parties,] yet so it is, that the said John 
 
 Jones from the day of , in the year, &c., hath, the said 
 
 parties being at that time domiciled within the commonwealth of 
 Pennsylvania, wilfully and maliciously absented himself from the 
 habitation of this libellant, and abandoned his family without just 
 or reasonable cause, and has from the said date persisted in such 
 desertion. Wherefore, your petitioner further showing, that she 
 is a citizen of this state, and hath resided therein for upwards of 
 one whole year previous to the filing of this petition, prays your 
 honours that a subpoena may issue from the said court directed 
 to said John Jones, commanding him to appear at the next term 
 of the said court to answer this petition ; and also that a decree 
 of this court may be given, granting this libellant a divorce from 
 bed and board, and also allowing her such alimony as the said 
 John Jones' circumstances will admit of, so as the same do not 
 exceed the third part of the annual profit or income of his estate, 
 or of his occupation and labour. And she will pray, &c. 
 
 (Affidavit as to the first petition.) 
 
 Petition for divorce from bed and board, and for Alimony, on 
 the ground of intolerable treatment. 
 
 To the Honourable, &c. 
 
 The petition of Mary Jones, by her next friend, Samuel Dean, 
 respectfully showeth : That your petitioner on the day of
 
 278 PETITIONS. 
 
 in the year, &c., [as in the first petition to the asterisk, mak- 
 ing the necessary change as to parties,] yet so it is, that the said 
 
 John Jones did, on the ; day of , the said parties being 
 
 at that time domiciled within the commonwealth of Pennsyl- 
 vania, and at other various days and times, turn this libellant (his 
 wife), out of doors, or offer such indignities to her person as to 
 render her condition intolerable, or life burthensome, and thereby 
 force her to withdraw from his house and family, (or by cruel 
 and barbarous treatment endanger her life;) Wherefore, your 
 libellant further showing, &c., [as in the last preceding form.] 
 
 Petition of a Husband, respondent, that the decree of Divorce, 
 a mensa et thoro, be annulled. 
 
 A. B., by her next friend, C. D., } In the Court of the 
 
 vs. > of , of Term, 1 8 . 
 
 E. F. > No. . 
 
 The petition of E. F., the respondent above-named, respectfully 
 
 showeth : That he is informed and understands, that on the 
 
 day of , in the year of our Lord one thousand eight 
 
 hundred and , this honourable court made a sentence or de- 
 cree, conformably to the prayer of the libellant above-named, that 
 your petitioner and the said libellant should be, and they accord- 
 ingly were, divorced from bed and board. 
 
 Your petitioner does not deem it proper for him at this stage of 
 the proceeding, to deny the allegations contained in the bill of the 
 above libellant, nor to dispute the justice of the sentence pro- 
 nounced by this honourable court, grounded upon the ex-parte 
 evidence produced to them : he is informed and advised that the 
 said sentence is absolute, and precludes contradiction on matters 
 of fact. But your petitioner is well convinced that he and the 
 libellant can live happily together hereafter, and that their doing 
 so will be essential to the comfort, education and morals of their 
 young children, and he anxiously avails himself of an indulgent 
 provision of the law, and now offers to this honourable court, to 
 receive and cohabit with the said libellant again, and to use her 
 as a good husband ought to do : he, therefore, prays that this 
 honourable court suspend the aforesaid decree, and that in case 
 the said libellant refuse to return and cohabit with your petitioner 
 under the protection of this court, your honours may discharge 
 and annul the aforesaid sentence or decree. And for the faithful 
 performance of this offer and engagement on his part, your peti- 
 tioner will, if necessary, give to this "honourable court, such secu- 
 rity as in their discretion they may consider the case to require.
 
 PETITIONS. 279 
 
 * Petition to the Legislature of Pennsylvania for Divorce. 
 
 To the Honourable, the Senate and House of Representatives 
 of the Commonwealth of Pennsylvania, in General Assembly 
 met. 
 
 petition of John Jones of the County of Erie, in the said 
 commonwealth, humbly showeth: That your petitioner, on the 
 
 - day of - , in the year of our Lord one thousand eight 
 hundred and thirty-nine, was bound in matrimony, and married 
 to a certain Anna Burns, of said county, and from that time con- 
 tinued to live and cohabit with her until about the -- day of 
 
 - , one thousand eight hundred and forty-one, at which time 
 your petitioner and his said wife were at - , in the State of In- 
 diana, to which place your petitioner and his said wife, had, a 
 short time previously journeyed, for the purpose of visiting the 
 said Anna's father, who then resided in the said State of Indiana ; 
 that on the said - day of -- , one thousand eight hundred 
 and forty-one, the said Anna, without any just or reasonable 
 cause, left your petitioner, and refused to return with him to the 
 County of Erie aforesaid ; that your petitioner returned to his 
 place of residence in the County of Erie, where he resided and 
 has ever since continued to reside ; that the said Anna hath, per- 
 sisted in such desertion, and still doth continue to absent herself 
 from your petitioner. And your petitioner would further repre- 
 sent that he and his said wife are yet young, he being twenty- 
 nine, and she not yet twenty -six years old. 
 
 Your petitioner, therefore, humbly prays your honourable 
 bodies will be pleased to pass an act dissolving the marriage con- 
 tract between him and the said Anna, so that they may be freed 
 and separated from each other in all time to come. And as in 
 duty bound he will ever pray, &c. JOHN JONES. 
 
 (Add the same affidavit as to the first petition.) 
 
 To the Honourable Judges of the Court of Common Pleas of the 
 County of Erie. 
 
 The petition of divers inhabitants of the township of North 
 East, in the County of Erie, and Commonwealth of Pennsylvania, 
 
 * By the constitution of Pennsylvania, the Legislature has no power to enact 
 laws annulling the contract of marriage in any case where by law the courts of 
 the commonwealth are empowered to decree a divorce. 
 
 A petition to the Legislature for a divorce, should be accompanied by the de- 
 positions of witnesses. It should also appear that the opposite party had due 
 notice of the intended application, and of the time and place of taking deposi- 
 tions; unless the place of residence of the opposite party should be unknown. 
 In that case, the want of such notice might be excusable, but such unknown 
 residence should be proved. The depositions proving the facts set forth in the 
 petition, &c., should accompany it. 

 
 280 PETITIONS. 
 
 respectfully showeth : That whereas the members of the Metho- 
 dist Episcopal Church in the township of North East aforesaid, 
 wish to be incorporated according to the articles hereunto attach- 
 ed, would respectfully recommend to your honourable court to 
 incorporate said church accordingly. And your petitioners, as in 
 duty bound, will ever pray, &c. 
 
 [Here will follow the names of the signers of the petition, and 
 to the said petition will be annexed the articles as proposed for 
 incorporation.] 
 
 Be it decreed by the Court of Common Pleas of Erie County, 
 by virtue of the power vested in said court by the laws of the 
 Commonwealth of Pennsylvania : That the members of the Meth- 
 odist Episcopal Church of the township of North East, in the 
 county and commonwealth aforesaid be, and they are hereby 
 made and constituted into a body corporate and politic, in deed 
 and in law, by the name, style and title of the " first Methodist 
 Episcopal Church in North East," and by the same name, shall 
 have perpetual succession, and be able to sue, and be sued, im- 
 plead and be impleaded in all courts of law and elsewhere, and 
 shall be able and capable in law and equity, to take, hold and enjoy 
 for the use of said church, such lands and tenements, goods and 
 chattels, as now are, or shall hereafter become the property of the 
 said congregation, or to be held for their use by gift, grant, devise, 
 bequest or otherwise, from any person or persons whomsoever, 
 capable of making the same, and the same to grant, bargain, sell, 
 or otherwise dispose of for the use of the said congregation. 
 
 Sec. 2d. A. B., C. D., E. F., G. H. and J. K. shall be trustees 
 of the said church until others are appointed their successors in 
 office, according to the form of discipline by which said church is 
 governed. The said trustees or their successors in office to be ap- 
 pointed according to the form of discipline of the Methodist Epis- 
 copal Church aforesaid, shall have the care and management of 
 the property, real, personal or mixed, belonging to said corpora- 
 tion ; shall be members thereof and shall be accountable thereto 
 for their official conduct, and shall in all respects conform to its 
 instructions; provided, that the same are not inconsistent with 
 the Constitution or laws of the United States, or of this Common- 
 wealth, or with the form of discipline by which said corporation 
 is governed as a church. 
 
 Sec. 3d. Every male member in full communion in the said 
 church, of the age of twenty-one years and upwards, being a citi- 
 zen of Pennsylvania, and having resided in the said township of 
 North East and county aforesaid, for the space of six months, 
 shall be considered a member of said corporation, and be as such 
 entitled to the privilege of speaking and voting at its meetings. 
 
 Sec. 4th. The said corporation shall have full power to make 
 and use one common seal, with such device or inscription thereon,
 
 
 PRECIPES. 281 
 
 as they may deem proper, and the same at pleasure to break, 
 alter or renew, and also to enact and enforce such by-laws and 
 ordinances from time to time, as they may judge expedient for 
 the prosperity and good government of the said corporation ; pro- 
 vided, the same shall not be inconsistent with the constitution 
 and laws of the United States, or of this Commonwealth, or with 
 the form of discipline by which said church is governed.* 
 
 PRECIPES. 
 
 A precipe is the name of the written instructions given by a 
 plaintiff or an attorney, to the clerk or prothonotary of a court, 
 whose duty it is to make out the writ for the making of the same. 
 It is the authority which the prothonotary has for what he does, 
 and it is the instrument by which any subsequent error may be 
 amended. 
 
 Precipe for an Original Writ in the. Common Pleas. 
 
 John Jones ^ In the Common Pleas of Erie County, issue 
 vs. > summons in debt (or as the case may be) re- 
 
 William Burns. ) . turnable to the next term. 
 
 R. S., Att'y for plaintiff, 
 
 January 1st, 1845. 
 W. K. Esquire, Prothonotary. 
 
 t/2 Precipe in Foreign Attachment. 
 
 John Jones ^ In the Common Pleas of Crawford County, issue 
 
 vs. > writ of Foreign Attachment, (in debt or case) 
 
 William Burns. ) returnable to next term. Bail in $ required. 
 
 Attach goods and chattels, moneys, rights and credits, lands and 
 
 tenements of the defendant in the hands, possession, or custody of 
 
 Eli Brooks, and summon him as garnishee. 
 
 R. S., Attorney for plaintiff, 
 
 January 1st, 1845 
 A. B., Esquire, Prothonotary. 
 
 * This form can be varied to suit a church corporation for any denomination 
 associated for religious purposes, or associations for literary or charitable pur- 
 poses, or for the formation of fire-engine or hose companies or beneficial socie- 
 ties. The Supreme Court and also the Court of Common Pleas of Pennsylvania 
 have power to incorporate for the aforesaid purposes. See Act of 13th of Octo- 
 ber, 1840; Pamph. L. p. 5 of 1841. The Act is entitled " an Act relating to Or- 
 phans' Courts, and for other purposes. As to powers of the Supreme Court, see 
 Act of 6th April, 1791 ; 3 Smith, p. 20.
 
 282 PRECIPES. 
 
 John Jones Jn the Common p]eas of Merce r County, May 
 
 1*7-11 VS 'v V Term, A. D. 1844. 
 William Burns. ) 
 
 Issue writ of inquiry of damages returnable to next term. 
 
 R. S., Attorney for plaintiff, 
 
 January 1st, 1845. 
 A. B. Esquire, Prothonotary. 
 
 Precipe in Foreign Attachment. 
 Issue writ of inquiry of damages returnable to next term. 
 
 Precipe for Scire Facias to Garnishee. 
 
 (In the Court of Com- 
 mon Pleas of -- 
 County. Original ac- 
 ment to *- ^erm" 
 A.D. - . No.! 
 Issue writ of scire facias returnable to next term. 
 
 Precipe in Domestic Attachment. 
 
 ( Issue writ of domestic attachment per affidavit 
 
 wir VS 'T> ( filed. Stipulations in $ -- . 
 William Burns. ) 
 
 Precipe in Attachment against Vessels. 
 
 John Jones "1 T 
 
 ', Issue a 
 
 The schooner called the Betsy, \ tion 
 William Burns owner. J 
 
 John Jones "1 T 
 
 ', Issue attachment and men- 
 
 tion the 
 
 Precipe for fi. fa. for residue of Judgment. 
 
 John Jones Jn the Common pleas of ^ County of , 
 
 William Burns. $ Term A. D. . No. . 
 
 Issue fi. fa. for residue of debt and costs not produced by former 
 execution, returnable to next term. 

 
 PRECIPES. 283 
 
 Precipe for Certiorari to Justice of the Peace. 
 
 John Jones ^ j certiorari to L. M., Esq., returnable to 
 
 vs. > 
 
 -IX7--1I- -D C next term. 
 William Burns. ) 
 
 Precipe for Summons in Covenant. 
 
 f Issue summons to answer plaintiff of a plea, 
 John Jones that he keeps with him the covenants be- 
 
 vs. { tween them made, according to the force, 
 
 William Burns. } form and effect of certain articles of agree- 
 ment heretofore made between them. 
 
 Precipe for Execution on Judgment affirmed on Certiorari. 
 John Jones ^ In the Common Pleas of _ -- ? County of -- , 
 
 am- VS '-o C Term A. D. - . No. -- . 
 William Burns. ) 
 
 Issue fi. fa. against defendant for- damages, as per judgment of 
 the justice affirmed by the court, and for all costs as well of the 
 proceedings before the justice, as of the proceedings on certiorari 
 in this court. Returnable to next term. 
 
 Precipe for Writ of Replevin. 
 
 John Jones ^ Issue replevin for two oxen, three cows, and 
 v.i. > one -- of the value of $ - . Returnable 
 
 William Burns. ) to next term. | -- 
 
 Precipefor sci.fa. on Writ of Inquiry. 
 
 In the Common Pleas of -- > County of - , 
 William Burns. \ Term Al D ' ' 
 
 Issue sci. fa., to show cause why a writ of inquiry should not 
 issue to inquire of the damages in the above suit. Returnable to 
 next term. 
 
 Let the sheriff return a nihil or this writ. 
 
 Precipe for fi. fa. against Plaintiff for Costs. 
 John Jones ^ Isgue fi fa against the p i amt iff f or costs> Re 
 
 isT-n- VS '~o C turnable to next term. 
 William Burns. ) 
 
 ; - ..<% .'. - 
 
 Precipe for sci.fa. to revive Judgment. 
 
 John Jones ^ Issue sci. fa. to revive judgment. No. -- , to 
 vs. V -- Term, A. D. -- . Entered, A. D. 
 
 William Burns. S - . Returnable to next term.
 
 284 PROCLAMATION. 
 
 Precipe for a sci. fa. on Mortgage. 
 
 John Jones ^ 
 
 vs. v In the District Court of Lancaster County. 
 
 William Burns. 3 
 
 Issue sci. fa. sur mortgage, recorded in Mortgage Book B., 
 page 56, returnable to May Term, 1845. 
 
 Precipe for Certiorari on proceedings to deliver possession to 
 Sheriff's Vendee. 
 
 In the case of John Jones, &c. 
 
 Issue certiorari to John Doe and Richard Roe, Esquires, two of 
 the justices, &c., to remove all proceedings, judgments and execu- 
 tions, before them had and depending between William Burns, 
 complainant, and the said John Jones, under the Act of Assembly, 
 to enable purchasers at sheriff's or coroner's sales to obtain pos- 
 session, returnable to May Term, 1845. 
 
 Precipe for a Writ in Trespass. 
 
 John Jones ^ 
 
 vs. > In the District Court of Allegheny County. 
 
 William Burns. 3 
 
 Issue summons against defendant to answer plaintiff of a plea, 
 wherefore, &c., [setting forth briefly the witness,] returnable to 
 May Term, 1845. 
 
 PROCLAMATION. 
 
 A proclamation is the declaration made by the crier by au- 
 thority of the court, that something is about to be done. It 
 usually commences with the French word Oyez, do you hear, in 
 order to attract attention. It is particularly used on the meeting 
 or opening of the court, and at its adjournment. It is also fre- 
 quently employed to discharge persons who have been accused 
 of crimes or misdemeanors. 
 
 Proclamation of a Court Crier on opening Court. 
 
 Oyez, Oyez, Oyez. All manner of persons who have any 
 thing to do before^ the Honourable, the Judges of the Court of 
 Common Pleas, (Orphans' Court, Oyer and Terminer and Gene- 
 ral Jail Delivery, and Court of Quarter Sessions,) here holden this 
 day, let them come forward, and they shall be heard.
 
 PROCLAMATION. 285 
 
 Proclamation for Grand Jurors. 
 
 . All you who have been summoned to serve as Grand 
 
 Jurors, please answer to your names. 
 
 Proclamation for Returns of Constables. 
 
 . All you who have been elected to serve as constables 
 
 of the borough and several townships in the county of , come 
 
 forward when called and render your returns. 
 
 Proclamation for Discharge of Insolvent Debtors. 
 
 . If any person have aught to say why A. B., an insol- 
 vent debtor, should not be discharged, according to an Act of 
 Assembly in such case made and provided, let them now come 
 forward with their objection, or he will be discharged. 
 
 Proclamation for forfeiting Recognizance. 
 
 . A. B., the principal, (thrice] come forth and appear as 
 
 you have undertaken to do, or you will forfeit your recognizance. 
 
 . C. D., (the surety,) bring forth the body of A. B.,as you 
 
 have undertaken to do, or you will forfeit your recognizance. 
 
 Proclamation for Acknowledgment of Sheriff's Deed. 
 
 . The sheriff of county is about to acknowledge a 
 
 deed to for a, , situate in the of , taken in exe- 
 cution and sold as the property of . 
 
 Proclamation of Sheriff for holding Court. 
 
 Whereas, the honourable N. E., President of the Court of Com- 
 mon Pleas in the judicial district, consisting of the counties 
 
 of , and the honourable J. B. and W. D., Esqs., Associate 
 
 Judges in county, having issued their precept, bearing date 
 
 the day of , 18 , to me directed, for holding a Court 
 
 of Oyer and Terminer and General Jail Delivery, at , for the 
 
 county of , and to commence on the Monday of 
 
 next, being the day, 18 , and to continue weeks. 
 
 Notice is therefore hereby given, to the coroner, justices of the 
 
 peace, and constables of the said county of , that they be 
 
 then and there in their proper persons, at o'clock in the 
 
 noon of said day, with their records, inquisitions, examinations 
 and their other remembrancers, to do those things which to their 
 offices appertain to be done ; and those who are bound in recog-
 
 286 PUBLIC SCHOOLS. 
 
 nizances to prosecute against the prisoners that are or shall be in 
 
 the jail of county, be then and there to prosecute against 
 
 them as shall be just. 
 
 Given under my hand at Erie, the first day of January, in the 
 year of our Lord one thousand eight hundred and forty-five, and 
 in the sixty-ninth year of the independence of the United States. 
 
 PUBLIC SCHOOLS. 
 
 Form of Bond of District Treasurer. 
 County, ss. 
 
 Know all men by these presents, that we and , 
 
 are held and firmly bound to president of the board of 
 
 school directors of district, in the county aforesaid, and to 
 
 his successors in office, for the use of the district aforesaid, in the 
 
 sum of , (here insert double the amount of the sum which 
 
 will probably come into the hands of the treasurer in one year for 
 
 school purposes,) lawful money, to be paid to the said or 
 
 his successors, to the which payment, well and truly to be made, 
 we bind ourselves, jointly and severally, our heirs, executors and 
 administrators, and every of them, by these presents. Sealed with 
 
 our seals, dated the day of , in the year of our Lord, 
 
 18 . Whereas the said has been duly appointed trea- 
 surer of the said school district, for and during the term of one 
 year from the date hereof. Now the condition of this obligation 
 is such, that if the said shall, and do well and truly, exe- 
 cute and perform the duties of said office according to law, and 
 shall, at the end of the term aforesaid, faithfully account for the 
 school money he shall have received during the term aforesaid, 
 and shall pay over into the hands of his successor in office, such 
 balance as may then remain in his possession, this obligation to be 
 void, or else to remain in full force and virtue. 
 
 Sealed and delivered in 
 presence of us,
 
 PUBLIC SCHOOLS. 287 
 
 Form of Bond of District Collector. 
 
 Know all men by these presents, that we, and 
 
 are held and firmly bound to , president of the board of 
 
 school directors of district, in the county aforesaid, and to 
 
 his successors in office, for the use of the district aforesaid, in the 
 
 sum of , (here insert double the amount of the duplicate,) 
 
 lawful money, to be paid to the said or his successors ; to 
 
 the which payment, well and truly to be made, we bind ourselves, 
 jointly and severally, our heirs, executors and administrators, and 
 every of them, by these presents. Sealed with our seals, dated 
 
 the day of , in the year of our Lord, 18 . Whereas 
 
 the said , has been duly appointed collector for the school 
 
 year, which will terminate on the first Monday of June, 18 , of 
 
 the school tax of district aforesaid. Now the condition of 
 
 this obligation is such, that if the said , shall, and do well 
 
 and truly, execute and perform the duties of said office, according 
 to law, and shall faithfully account for, and pay into the hands of 
 the proper treasurer of said district, the money which shall come 
 into his hands as collector aforesaid, and shall settle up his dupli- 
 cate on or before the day of next, according to law, 
 
 then this obligation to be void, or else to be and remain in full 
 force and virtue. 
 
 Sealed and delivered in 
 the presence of us, 
 
 Form of Warrant to Collector of School Tax. 
 
 County, District, **. 
 
 To , of , in said county. These are to authorize 
 
 and require you to demand and receive of, and from every person 
 in the annexed duplicate named, the sum wherewith such persons 
 stand charged, and you are to collect and pay over all such 
 moneys as you may have received, to , treasurer of the
 
 288 PUBLIC SCHOOLS. 
 
 said school district, and his successor in office, on or before the 
 
 day of next ; at which time abatement or allowance 
 
 for mistakes or indigent persons will be made, and within 
 
 months from the date hereof, you shall pay into the hands of the 
 said treasurer, the whole amount of the taxes charged and 
 assessed in the annexed duplicate, without further delay, except 
 such sum as the directors may, in their discretion, exonerate you 
 from. 
 
 And if any person shall neglect, or refuse to make payment 
 within thirty days from the time of such demand, it shall and 
 may be lawful to and for you, and you are hereby commanded, 
 to levy the said tax by distress and sale of the goods and chat- 
 tels of such delinquent, giving ten days' public notice of such 
 sale, by written or printed advertisements, and rendering the 
 overplus, (if any there be, after such sale,) to the owner. Hereof 
 fail not. 
 
 Given under my hand and seal, at the day of 
 
 A. D. 
 
 President of the Board of Directors of district. 
 
 Form of Certificate of Assessment of School Tax. 
 
 [Here insert the amount of tax assessed, in figures.] 
 
 [Date.] 
 To the Superintendent of Common Schools : 
 
 SIR: I do hereby certify, that a school tax, amounting to 
 
 dollars, has been regularly levied and assesssed for the school 
 
 year, ending on the first Monday of June,* A. D. upon 
 
 district county ; that a warrant for the collection thereof 
 
 has been delivered to the district collector, according to law ; and 
 that the aforesaid sum, is, at least, equal to the amount of this 
 district's share of annual state appropriation. 
 
 I do further testify that (of Post Office, county of 
 
 ,) is lawfully appointed treasurer of this school district. 
 
 Attest : (Signed,) President. 
 
 Secretary, Post Office. 
 
 * See Act of 1836, Sect. 21, and Remarks on " School Year," page 32.
 
 PUBLIC SCHOOLS. 289 
 
 Form of Order on District Treasurer. 
 
 $ , [Date.] 
 
 To the Treasurer of 
 
 District, county : 
 
 SIR : Pay to or order, dollars, , (being one quar- 
 ter's salary due him as teacher, up to or on account of salary, 
 
 or for fuel furnished to school house, or for rent of school 
 
 house, &c., as the case may be,) for which this will be your suffi- 
 cient voucher, on settlement of your accounts. 
 
 By order of the Board. 
 
 Attest : (Signed,) President. 
 
 Secretary. 
 
 form of Certificate of non-payment of tax on unseated land. 
 
 To the Commissioners of the County of 
 
 GENTLEMEN : I do hereby certify, that the following school 
 
 tax on unseated land within the district of , was regularly 
 
 assessed and set forth in the duplicate of school tax for the year 
 
 , delivered to me for collection by the president of the board 
 
 of directors thereof, and that the same has not been voluntarily 
 paid to me : you are therefore required to cause the same to be 
 collected and paid over, agreeably to the 7th section of the Act, 
 entitled " An Act to consolidate and amend the several Acts rela- 
 tive to a general system of education by Common Schools," 
 passed the 13th day of June, 1836. 
 
 DOLLARS. CENTS. 
 
 Viz : Upon land of A. B. 
 Upon land of C. D. 
 
 [Date.] 
 
 (Signed,) 
 Collector of School Tax for the District of- 
 
 Form of Deed of Land to School Directors. 
 
 Know all men by these presents, that we, , of , for and 
 
 in consideration of dollars, to us paid at the ensealing 
 
 hereof, by , Directors of Common Schools, of town- 
 ship, district in the county of , the receipt of which is hereby 
 
 acknowledged, do grant, bargain, sell, assure and convey, to the 
 said directors aforesaid, their successors and assigns, a piece of 
 ground, situate in said township of , described as follows, viz : 
 
 Beginning , containing ; being part of the premises
 
 290 PUBLIC SCHOOLS. 
 
 conveyed by to the grantors, by deed dated, [here insert 
 
 the necessary recitals,] together with all its rights, members and 
 appurtenances ; to have and to hold the said piece of ground and 
 appurtenances, to the said , directors aforesaid, their succes- 
 sors and assigns forever, for the establishment and support of com- 
 mon schools in said district, according to law. And , the 
 
 said , do covenant with the said directors, their suc- 
 cessors and assigns, that they are lawfully seised, in fee of the 
 afore-granted premises ; that they are free of all incumbrances ; 
 that they have a good right to sell and convey the same to the 
 said directors, and will warrant and defend the same premises to 
 the said directors, their successors and assigns, for ever, against 
 the lawful claims and demands of all persons. [This constitutes a 
 general warranty. If a special warranty be desired, let the fol- 
 lowing words be added :] claiming, by, from or under them, or 
 any of them. In witness, &c. 
 
 Sealed and delivered in 
 our presence 
 
 \ 
 
 [Receipt for the purchase money, and acknowledgment before 
 a justice, to be in the usual form.] 
 
 Form of Lease of School House and Lot to School Directors. 
 
 Know all men by these presents, that I, , of , agree 
 
 to let and rent to , Directors of Common Schools, for 
 
 district, in county, and their successors, [here insert the 
 
 words "and assigns," if it is agreed to confer upon directors power 
 to assign the lease,] a house or building in said township, with 
 about of ground, adjoining lands of , for the establish- 
 ment and support of Common Schools in said district, according 
 
 to law, for the term of , from the day of , at the 
 
 annual rent of ; to be paid in payments. The premises
 
 . 
 291 
 
 to be surrendered at the expiration of said term, in good order 
 casualties excepted. In witness, &c. 
 
 Sealed and delivered in 
 presence of us : 
 
 Form of .Agreement between School Directors and Teacher. 
 
 It is agreed by and between , Teacher, and , President 
 
 of the Board of Directors of Common Schools, of district, in 
 
 county, that said shall, under the supervision and ex- 
 clusive direction of the Board of Directors of said district, and 
 their successors, teach in the school house, or building, at or near 
 
 , for the term of , at and for the compensation of , 
 
 to be paid ; reserving the right for the Board of Directors, 
 
 for the time being, to dismiss said at the end of any month 
 
 [or quarter] of said term. The actual possession of the said school 
 house and building, and premises before mentioned, to remain 
 and be considered by all parties as remaining and being at all 
 times in the said Board of Directors and their successors. In wit- 
 ness whereof, we have hereunto set our hands and seals, on the 
 
 day of A. D. . 
 
 Witness, 
 
 * Form of Certificate to a Teacher. 
 
 We, the undersigned, members of the Board of School Directors 
 
 of district, county of , do certify that having examined 
 
 , who wishes to be employed as a teacher in said district, we 
 
 have found him [orher] to be of good moral character, and quali- 
 fied to teach the following branches : [here name the branches.] 
 
 Witness our hands, this day of A. D. . 
 
 (Signed,) > School Directors 
 
 * This Certificate will be good for one year only. ^See Supplement of 1840.]
 
 292 RECEIPTS. 
 
 RECEIPTS. 
 
 Remarks. 
 
 A receipt is an acknowledgment in writing, that the party giving 
 the same has received from the person therein named, the money 
 or other thing therein specified. Although expressed to be in full 
 of all demands, it is only prima facie evidence of what it purports 
 to be, and upon satisfactory proof benig made that it was obtained 
 by fraud, or given either under a mistake of facts or an ignorance 
 of law, it may be inquired into and corrected, in a court of law 
 as well as in equity. 1 Pet. C. C. R. 182 ; 3 S. & R. 355 ; 7 S. 
 & R. 309 ; 3 S. & R. 564, 589 ; 12 S. & R. 131 ; 1 Sid. 44; 1 Lev. 
 43 ; 1 Saund. 285 ; 2 Lutw. 1173 ; Co. Lit. 373 ; 2 Stark. C. 382 ; 
 1 W. C. C. R. 328; 2 Mason's R. 541 ; 11 Mass. 27; 1 Johns. 
 Cas. 145; 9 Johns. R. 310; 8 Johns. R. 389; 5 Johns. R. 68; 4 
 Har. & McH. 219 ; 3 do. 433 ; 2 Johns. R. 378 ; 2 Johns. R. 319. 
 A receipt in full, given with a full knowledge of all the circum- 
 stances, and in the absence of fraud, seems to be conclusive. 1 Esp. 
 C. 172 ; Benson vs. Bennet, 1 Camp. 394. A receipt on the back 
 of a bill of exchange is prima facie evidence of payment by the 
 acceptor. Peake's C. 25. The giving of a receipt does not ex- 
 clude parol evidence of payment. 4 Esp. N. P. C. 214. 
 
 In Pennsylvania it has been held that a receipt, not under seal, 
 to one of several joint debtors, for his proportion of the debt, dis- 
 charges the rest. 1 Rawle, 391. 
 
 General form of Receipt. 
 
 Pittsburgh, May 10, 1844. 
 
 Received from Daniel Stone, the sum of ninety-one dollars, in 
 full for a horse sold and delivered to him. JOHN JONES. 
 
 $91 
 
 Receipt for Rent. 
 
 Washington, May 12, 1845. 
 
 Received from Adam Miller, the sum of thirty dollars, being 
 the amount of one quarter's rent of the dwelling-house by me 
 rented to him, due and ending the first of April last. 
 
 $30 DANIEL DICK. 
 
 Another. 
 
 Carlisle, April 1, 1845. 
 
 Received from John Jones, the sum of sixty dollars, being the 
 amount of one quarter's rent of the dwelling-house rented by me
 
 RECEIPTS. 293 
 
 to him, as per agreement, dated the first day of April, 1844, and 
 in full of all demands. CHARLES SIMONS. 
 
 Another, paid by a third person. 
 
 Philadelphia, June 10, 1844. 
 
 Received from William Gilmore, by the hand of George Gil- 
 more, the sum of one hundred dollars, being the amount of one 
 quarter's rent of a farm near Germantown, due and ending the 
 first day of April last, and by me rented to William Gilmore. 
 
 $100 HENRY CHASE. 
 
 Receipt for Money received from a third person. 
 
 Chester, January 20, 1845. 
 
 Received from Silas Morton, by the hand of John Price, the 
 sum of two hundred and twenty-five dollars, in full for sundry 
 articles of merchandise, bought by the said Silas Morton from me. 
 
 $225 SAMUEL STEVENS. 
 
 Receipt for Money received for the use of another. 
 
 Beaver, January 10, 1845. 
 
 Received from Richard Rush, the sum of one hundred and sixty- 
 two dollars and twenty-five cents, in full for work done by Asa 
 Brown for the said Richard Rush. WILLIAM COOPER. 
 
 $162 25 
 
 Receipt for Money received in part of a Bond. 
 
 Doylestown, May 1, 1845. 
 
 Received from Thomas Brown, the sum of four hundred and 
 fifty dollars, in part payment of a larger sum due me on bond, by 
 the said Thomas Brown. JAMES MILES. 
 
 $450 
 
 Receipt for Interest due on Bond. 
 
 Erie, December 8, 1844. 
 
 Received from Byron Lewis, the sum of seventy-two dollars, 
 in full for one year's interest of twelve hundred dollars, due to 
 me on the first of December instant, on bond, by the said Byron 
 Lewis. HORATIO ADAMS. 
 
 $72 
 
 z*
 
 
 294 RECEIPTS. 
 
 Receipt to an Administrator. 
 
 Lancaster, May 1, 1844. 
 
 Received from David Hopkins, administrator of the estate of 
 Thomas Nicholson, late of Lancaster, deceased, the sum of seventy- 
 one dollars, in full for a debt due to me in his lifetime, for a horse 
 sold and delivered to the said deceased. JOHN MORRIS. 
 
 $71 
 
 Receipt for a Promissory Note. 
 
 Erie, May 10, 1845. 
 
 Received from Richard Lee, his promissory note, payable to 
 me, or order, six months after date, for two hundred and thirty- 
 three dollars and thirty-three cents, for certain goods bought from 
 me by the said Richard Lee, which when paid will be in full of 
 all demands. JAMES OTIS. 
 
 $233 33 
 
 Receipt for an Order drawn upon a third Person. 
 
 Harrisburg, July 20, 1845. 
 
 Received from Oliver Prescott, an order drawn in my favour, 
 upon William Jackson, for the sum of eighty-five dollars, upon 
 sight, which, when paid, will be in full of all demands I have 
 against the said Oliver Prescott. EDWARD BURNS. 
 
 Receipt for Writings left in a person's hands. 
 
 Newcastle, May 10, 1844. 
 
 Received from George Clark, two several deeds or conveyances; 
 one of them purporting to be a lease of, &c., and made between, 
 &c., the other of them to be an assignment of the said lease, and 
 made between, &c., for which several deeds of writing, I hereby 
 engage to be accountable, and to re-deliver the same to the said 
 George Clark on demand. Witness my hand the day and year 
 aforesaid. WILLIS GREEN. 
 
 Receipt for Grain from a Miller. 
 
 Fair mount Mill, May 1, 1844. 
 
 Received from Hiram Newman, seventy-five bushels good 
 wheat, fifteen bushels rye, and twenty bushels Indian corn, which 
 I engage severally to deliver to his order, as he may want them. 
 
 WILLIAM MILLER.
 
 RECEIPTS. 295 
 
 Receipt for Cattle, or Horses put out to Winter. 
 
 Mercer, November 29, 1844. 
 
 Received from Daniel Warner, eight head of homed cattle, 
 viz., four cows and four young oxen, [or horses, sheep, swine, as 
 the case may be,] which I promise to keep through the winter, 
 and feed them with good hay, &c., and return them on the first 
 day of May next, casualties excepted, in good condition, he pay- 
 ing me five dollars each for the same. Witness my hand. 
 
 JACOB STONE. 
 
 Receipt for Lading. 
 
 Philadelphia, December 28, 1844. 
 
 Received from Edward Livingston, on my wagon, the follow- 
 ing goods, marked, numbered, and weighing as follows, viz. : 
 E. L. No. 1. Tierce, weighing 400 pounds. 
 " 2. one hogshead 890 do. 
 3. one do. 845 do. 
 
 " 4. one bale 375 do. 
 
 " 5, 6 & 7. three kegs 58 do. 
 " 8. one barrel 180 do. 
 
 2748 pounds. 
 
 All in good order and well conditioned, with which load I pro- 
 mise to proceed without delay, or unnecessary detention, to the 
 city of Pittsburgh, and deliver them in the same good order and 
 condition, unto the said Edward Livingston, or to his order, for 
 which he is to pay me the sum of four dollars for each hundred 
 pounds, the one fourth thereof he is to pay me before my depar- 
 ture from Philadelphia, and the other three-fourths on the deli- 
 very of said goods at Pittsburgh, as aforesaid. In witness whereof, 
 I have signed two receipts of the same tenour and date, the one 
 satisfied, the other to be void. JOSIAH WAGNER. 
 
 Receipt upon the above. 
 
 Received of Edward Livingston, the sum of twenty-seven dol- 
 lars and forty-eight cents, being the one-fourth part of the freight 
 within-mentioned. JOSIAH WAGNER. 
 
 $27 48
 
 
 296 RECITALS. 
 
 Receipt for a Legacy. 
 
 York, January 21, 1845. 
 
 Received of George Wolf, executor of the last will and testa- 
 ment of Robert Findlay, deceased, the sum of one thousand dol- 
 lars in full, of a legacy bequeathed to me by the said deceased. 
 $1000 WILLIAM FINDLAY. 
 
 A refunding bond sometimes accompanies a receipt for a 
 legacy, for which see " Indemnifying Bond to Executor on pay- 
 ment of a legacy." 
 
 Receipt for Boarding. 
 
 Received of William Burns, guardian of John Andrews, one 
 of the minor children and heirs of Enos Andrews, deceased, the 
 sum of twenty dollars in full, for boarding the said John Andrews 
 from the first day of May, until the first day of August, A. D. 
 1844. GEORGE SNYDER. 
 
 East on, August 1, 1844. 
 
 Receipt for Money at coining of *flge. 
 
 Easton, May 10, 1845. 
 
 Received of William Burns, my late guardian, the sum of one 
 hundred dollars, being in part [or in full, as the case may be,] of 
 my proportion of the estate of my late father, Enos Andrews. 
 
 JOHN ANDREWS. 
 $100 
 
 Receipt for a Legacy. 
 
 Easton, May 10^ 1845. 
 
 Received of William Burns, my late guardian, the sum of two 
 hundred dollars, being in full of a legacy bequeathed to me in the 
 will of my late uncle, Thomas Andrews, deceased. 
 
 JOHN ANDREWS. 
 
 $200 
 
 RECITALS. 
 
 Remarks. 
 
 A recital is the repetition of some former writing, or the state- 
 ment of something which has been done. Touchst. 76. Recitals 
 are used to explain those matters of fact which are necessary to
 
 RECITALS. 297 
 
 make the transaction intelligible. 2 Bl. Com. 298. In preparing 
 deeds, it is frequently necessary to recite certain matters connected 
 with the titles : for the purpose of explaining the object and ex- 
 tent of the conveyance. 
 
 Recital of Title by Patent. 
 
 Whereas the commonwealth (or the honourable John Penn, 
 &c., late proprietaries) of Pennsylvania, by patent or grant under 
 the great seal, bearing date the first day of January, Anno Do- 
 mini one thousand seven hundred and sixty-eight, for the consi- 
 deration therein mentioned, did grant and confirm unto A. B., and 
 to his heirs and assigns, a certain tract of land, situate in the 
 township of Moyamensing, in the county of Philadelphia afore- 
 said, by marks and bounds in the same marks particularly de- 
 scribed, containing one hundred acres and the allowance of six 
 per cent, for roads, &c., with the appurtenances : To hold the 
 same to him, his heirs and assigns forever, as in and by the said 
 recited patent, (recorded in the Land Office, in Patent Book B., 
 vol. 4, page 1 1 9,) relation being thereunto had, more fully and at 
 large appears. 
 
 Recital of Title by Grant. 
 
 And whereas the said A. B., by indenture, under his hand and 
 seal, bearing date the tenth day of April, Anno Domini one thou- 
 sand seven hundred and seventy-three, for the consideration 
 therein-mentioned, did grant and confirm unto C. D., and to 
 his heirs and assigns, all that tract or piece of land, (part of the 
 said above-mentioned tract,) bounded and described as follows, to 
 wit : Beginning, &c., containing two hundred acres, and allow- 
 ance aforesaid, with the appurtenances : To hold the same to him, 
 his heirs and assigns, forever, as in and by the said recited inden- 
 ture (recorded at Harrisburg,) &c., relation being thereunto had, 
 appears. 
 
 Recital of Title by Devise. 
 
 Whereas 'b-y force and virtue of which said recited indenture, 
 or of some o.ther good conveyances or assurances in the law duly 
 had and executed, the said C. D. became in his lifetime lawfully 
 seised in his demesne as of fee, of and in the said tract of fifty 
 acres of land, with the appurtenances ; and being so thereof seised 
 made his last -will and testament in writing, bearing date the tenth 
 day of December, Anno Domini one thousand eight hundred and 
 twenty-two, wherein and whereby (amongst other things) he did 
 give and devise the said tract of land unto his son C. D., and his 
 heirs, as in and by the said recited will, (since his decease duly
 
 298 RECITALS. 
 
 proved, and remaining in the register's office at Reading,) recourse 
 being thereunto had, appears. 
 
 Recital of Title by Descent. 
 
 By force and virtue of which said recited indenture, or of some 
 other good conveyances or assurances in the law duly had and 
 executed, the said A. JB. became, in his lifetime, lawfully seised 
 in his demesne, as of fee, of and in the said tract of land, with 
 the appurtenances, and being so thereof seised, died intestate, 
 leaving issue four children, to wit : John, James, Mary (the wife 
 of I. S.,) and Thomas, to whom the same, by the laws of Penn- 
 sylvania relating to intestates, did descend and come. 
 
 Recital of Title by Sheriff. 
 
 And whereas I. S., High Sheriff of the County of Berks afore- 
 said, by deed poll, under his hand and seal, bearing date the first 
 day of October, one thousand seven hundred and ninety-two, for 
 the consideration therein mentioned, did, by virtue of a certain 
 writ of venditioni exponas, therein recited, grant and confirm 
 unto C. D., and to his heirs and assigns, all that the said messuage 
 or tenement and tract of land, containing fifty acres, late the estate 
 of the said A. B., with the appurtenances : To hold the same to 
 the said C. D., his heirs and assigns, forever, according to the act 
 of General Assembly in such case made and provided, as by the 
 said recited! deed poll, duly acknowledged, and entered among the 
 records of the Court of Common Pleas of the said county, rela- 
 tion being thereunto had, appears. 
 
 Recital of Title by Attorney. 
 
 And whereas the said C. D. by his attorney, E. F., (by letter 
 of attorney, under the hand and seal of the said C. D., bearing 
 date the tenth day of December, one thousand eight hundred and 
 thirty, lawfully constituted,) did, by indenture, bearing date the 
 first day of May, Anno Domini one thousand eight hundred and 
 thirty-one, for the consideration therein mentioned, grant and con- 
 firm unto G. H., and to his heirs and assigns, all that messuage or 
 tenement, plantation and tract of sixty acres of land, with the 
 appurtenances : To hold the same to him, his heirs and assigns, 
 forever, as in and by the said last recited indenture, (recorded in 
 the office for the recording of deeds at Reading aforesaid, in book 
 A., volume 10, page 104, &c.,) relation being thereunto had, ap- 
 pears.
 
 RECITALS. 
 
 Recital of Title by Executors. 
 
 And whereas the said M. R. arid E. R., executors of the testa- 
 ment and last will of the said I. R., deceased, by virtue of the power 
 and authority to them given by the said will, and pursuant to the 
 directions thereof, did, by indenture, under their hands and seals, 
 bearing date the tenth day of November, one thousand eight hun- 
 dred and twenty -two, for the consideration therein mentioned, 
 grant and confirm unto E. F., and to his heirs and assigns, all that 
 the said messuage or tenement and tract of one hundred acres of 
 land, with the appurtenances : To hold the same to him, his heirs 
 and assigns, forever, as in and by the said recited indenture (re- 
 corded at, &c.,) relation being thereunto had, appears. 
 
 Recital of Title by Administratrix. 
 
 And whereas C. B., administratrix of all and singular the goods 
 and chattels, rights and credits, which were of the said A. B. at 
 the time of his death, who died intestate, (by virtue and in pur- 
 suance of an order of the Orphans' Court of the said county of 
 Berks, for the sale of the real estate of the said intestate,) by in- 
 denture, under her hand and seal, bearing date the first day of 
 April, one thousand eight hundred and nineteen, for the consi- 
 deration therein mentioned, did grant and confirm unto F. G., 
 and to his heirs and assigns, all that the said above-mentioned 
 and described tract of fifty acres, and allowance, aforesaid, with 
 the appurtenances : To hold the same to him, his heirs and as- 
 signs, forever, as in and by the said last-recited indenture, (recorded 
 at Reading aforesaid, &c.,) relation being thereunto had, appears. 
 
 Recital of Title partition by Writ. 
 
 And whereas, by virtue of a certain writ de partitwnefaciendi, 
 issuing out of the County Court of Common Pleas of the county 
 of Berks aforesaid, bearing date the tenth day of January, one 
 thousand eight hundred and forty, for partition of the said tract 
 of land, with the appurtenances, there was duly allotted and as- 
 signed unto the said G. H., a certain piece or parcel of land [part 
 of the said tract,] bounded and described as follows, viz : begin- 
 ning at a post, &c., containing one hundred acres, and allowance 
 aforesaid, with the appurtenances : To hold the same to him, the 
 said G. H., his heirs and assigns, in severally forever, as by the 
 said writ de partitione faciendi, and return of the sheriff there- 
 upon duly made, and remaining amongst the records and proceed- 
 ings of the said court of the term of September, one thousand 
 eight hundred and forty, recourse being thereunto had, appears.
 
 300 RECITALS. 
 
 Recital of Title partition by Deed. 
 
 And whereas, by indenture of partitions between the said A. B. 
 of the one part, and the said G. H. of the other part, made, bear- 
 ing date the second day of September, Anno Domini one thousand 
 eight hundred and twenty-eight, partition of the said messuage, 
 &c., with the appurtenances, was made between the said parties, 
 wherein and whereby the piece or parcel thereof, bounded and 
 limited as follows, to wit : Beginning, &c., containing five hun- 
 dred acres and allowance aforesaid, was released and confirmed 
 to the said G. H., his heirs and assigns : To hold to him, the said 
 G. H., his heirs and assigns, in severally for ever, as in and by 
 the said indenture of partition, (recorded at Philadelphia, &c.,) 
 relation being thereunto had, appears. 
 
 Recital of Sale by Order of Orphans 1 Court. 
 
 And whereas at an Orphans' Court held at Reading, in and for 
 the county of Berks, the tenth day of November, one thousand 
 eight hundred and twenty-five, upon the petition of C. B., admi- 
 nistratrix of all and singular the goods and chattels, rights and 
 credits, which were of the said A. B. at the time of his death, who 
 died intestate, praying the court to grant her an order to make 
 sale of' the said messuage and tract of land, for the payment of 
 the debts, and maintenance and education of the minor children 
 of the said intestate, it was ordered by the said court, that the said 
 petitioner should, on Monday, the first day of December then 
 next, expose the premises aforesaid to sale, by public vendue or 
 outcry, and sell the same for the purposes aforesaid, and that she 
 should make report of her proceedings therein to the next Orphans' 
 Court, to be held for the said county, after such sale. In pursu- 
 ance of which order, the said C. B. (after due public and timely 
 notice by her given of the time and place of sale) did, on the day 
 and time therein mentioned, expose the premises aforesaid to sale, 
 by public vendue or outcry, and sold the same to the said E. F. 
 for the sum of one thousand dollars ; he being the highest bidder, 
 and that the highest and best price bidden for the same ; which 
 sale, on report thereof made to the justices of the said court, the 
 tenth day of January last, was confirmed by the said Court ; and 
 it was considered and adjudged by the said court, that the same 
 should be and remain firm and stable forever, as by the records 
 and proceedings of the said court, relation being thereunto had, 
 appears. 
 
 SHORT FORMS. 
 Recital of Title by Deed. 
 
 It being the same premises (or part of the same) which E. F. 
 and M. his wife, by indenture bearing date the first day of April,
 
 RECITALS. 301 
 
 Anno Domini one thousand eight hundred and sixteen, for the 
 consideration therein mentioned, did grant and confirm unto the 
 said A. B., (party hereto,) and to his heirs and assigns forever, as 
 in and by the said in part recited indenture, recorded in the office 
 for recording of deeds at Reading, in and for the county of Berks, 
 in Book A. vol. 15, page 224, &c., relation being thereunto had, 
 more fully and at large appears. 
 
 Recital of Title by Will 
 
 It being the same lot of ground which H. H., late of the town- 
 ship of Blockley and county aforesaid, farmer, deceased, in and 
 by his last will and testament, in writing, bearing date the tenth 
 day of July, Anno Domini one thousand eight hundred and six- 
 teen, did give and devise unto the said A. B. (party hereto) in 
 fee, as in and by the said recited will, since his decease duly 
 proved, and remaining in the Register's office at Philadelphia, 
 recourse being thereunto had, more fully and at large appears. 
 
 Recital of Title by Deed and Will. 
 
 It being the same premises which T. V. and M., his wife, by 
 indenture bearing date the first day of June, Anno Domini one 
 thousand eight hundred and sixteen, for the consideration therein 
 mentioned, did grant and confirm unto C. B., and to his heirs and 
 assigns, as in and by the said in part recited indenture, (recorded, 
 &c.,) relation being thereunto had, appears. And the said C. B., 
 being so thereof, in his lifetime, lawfully seised in his demesne, as 
 of fee of and in the said premises, made his last will and testa- 
 ment in writing, bearing date the tenth day of July, Anno Domini 
 one thousand eight hundred and sixteen, wherein and whereby 
 (amongst other things) he did give and devise the same unto his 
 son A. B (party hereto) in fee, as in and by the said recited will, 
 (since his decease duly proved, and remaining in the register's 
 office at Philadelphia,) recourse being thereunto had, appears. 
 
 Recital of Estate of an Intestate, conveyed by the Heirs. 
 
 It being the same tract of land which the Commonwealth of 
 Pennsylvania, by patent, bearing date the seventh day of March, 
 1788, (enrolled in the Rolls Office for the state of Pennsylvania, 
 in Patent Book No. 12, page 53, &c.,) for the consideration therein 
 mentions^, did grant and confirm unto K. E. in fee, who being 
 thereof lawfully seised, died intestate, leaving issue E. E. and N., 
 intermarried with N. S., to whom the same, by the laws of Penn- 
 sylvania, did descend and come. And the said E. E. and N. S., 
 and N. his wife, by their joint indenture, bearing date the twenty- 
 
 2A
 
 302 RELEASE. 
 
 fourth day of April, one thousand eight hundred and four, for the 
 consideration therein mentioned, did grant and confirm the same 
 unto the said A. B. (party hereto) in fee, as in and by the said 
 indenture, (recorded, or intended to be recorded, &c.,) relation 
 being thereunto had, appears. 
 
 Same, valued by Order of Court, and accepted by one of the 
 
 Heirs. 
 
 It being the same premises of which A. B. died intestate, and 
 upon which, on due application to the Orphans' Court of Berks 
 county, an order was granted by the said court, whereupon the 
 said premises were duly valued and appraised, and by the said 
 court adjudged and confirmed unto the said L. K., son-in-law [or 
 eldest son] of the said deceased. To hold the same to the said 
 L. K. and to his heirs and assigns forever, as in and by an exem- 
 plification of the records of the said court, dated at Reading, the 
 seventh day of April, Anno Domini one thousand eight hundred 
 and thirty-two, relation being thereunto had, appears. 
 
 Recital of Title by Sheriff. 
 
 It being the same lot of ground, No. 250, which E F., High 
 Sheriff of the county of Berks, by deed poll, under his hand and 
 seal, bearing date the fifth day of November, Anno Domini one 
 thousand eight hundred and thirty-one, for the consideration 
 therein mentioned, did, (as late the estate of S. E.) grant and con- 
 firm unto the said K. L., party hereto, in fee, as in and by the 
 said deed poll entered among the records of the Court of Common 
 Pleas of Berks county, (and recorded in the Recording Office at 
 Reading, &c.,) relation being thereunto had, appears. 
 
 RELEASE. 
 
 Remarks. 
 
 Releases are of two kinds. 1st. Such as give up, discharge, 
 or abandon a right of action. 2d. Such as convey a man's inte- 
 rest or right to another, who has possession of it, or some estate 
 in the same. Touch. 320 ; Litt. sec. 444. The words generally 
 used in such conveyance, are, "remised, released, and forever 
 quit claimed." Litt. sec., 445. Releases of land are also, in re- 
 spect of their operation, divided into four sorts. IsTTleleases 
 that inure by way of passing the estate. 2d. Releases that inure 
 by way of passing the right. 3d. Releases that inure by enlarge- 
 ment of the estate : and 4th. Releases that inure by way of ex- 
 tinguishment. 

 
 RELEASE. 303 
 
 Release to an Executor. 
 
 Know all men by these presents : That we, Henry Benson, of, 
 &c., and Mary, his wife, late Mary Miles, one of the daughters 
 and legatees named in the will of William Miles, late of, &c., de- 
 ceased, do hereby acknowledge, that we have this day had and 
 received of and from David Jones, executor of the last will and 
 testament of the said William Miles, deceased, the sum of three 
 thousand dollars, in full satisfaction and payment of all such sum 
 or sums of money, legacies and bequests as are given and be- 
 queathed to the said Mary, by the last will and testament afore- 
 said, and all interest accrued thereon. 
 
 And therefore, the said Henry Benson and Mary, his wife, do 
 by these presents, release, acquit, and forever discharge the said 
 David Jones, his heirs, executors and administrators, of and from 
 the said legacy or legacies, and of and from all actions, suits, pay- 
 ments, accounts, reckonings, claims and demands whatsoever, for 
 or by reason thereof, or of any other act, matter, cause or thing 
 whatsoever, from the beginning of the world to the day of the 
 date of these presents. In witness, &c. 
 
 Release to an Administrator. 
 
 Know all men by these presents : That I, Samuel Wells, of, 
 &c., one of the sons of Henry Williams, late of the township of 
 Blockley, in the county of Philadelphia and state of Pennsylvania, 
 deceased, who died intestate, do hereby acknowledge,that I this day 
 have had and received of and from Thomas Robinson, adminis- 
 trator of the estate of the said Henry Williams, deceased, the sum 
 of two hundred dollars, in full satisfaction and payment of all such 
 sum or sums of money, share or shares, purparts and dividends, 
 which were due, owing, payable and belonging to me, by any 
 means whatsoever, for or on account of my full share, part, or 
 dividend of the real and personal [or persona'l, as the case may 
 be] estate of my said father deceased. And therefore I, the said 
 Samuel Wells, do by these presents, release, acquit, and forever 
 discharge the said Thomas Robinson, his heirs, executors and ad- 
 ministrators, of and from the said share or dividend of the estate 
 aforesaid, and of and from all actions, suits, payments, accounts, 
 reckonings, claims and demands whatsoever, for or by reason 
 thereof, or of any other act, matter, cause or thing whatsoever, 
 from the beginning of the world to the day of the date of these 
 presents. In witness, &c.
 
 '304 RELEASE. 
 
 Release to Guardian. 
 
 Know all men by these presents: That I, D. E , of, &c., spin- 
 ster, having attained the age of twenty-one years, do hereby ac- 
 knowledge, that I this day have had and received, of and from 
 E. E., my guardian, duly appointed by the Orphans' Court of the 
 said county of Philadelphia, the sum of five hundred dollars, to- 
 gether with the bond to him given by my brother, J. S., and his 
 sureties, agreeably to the order of the said court, in full satisfac- 
 tion and payment of my share of the estate, real and personal, of 
 my late father, W. S., deceased, and therefore I do, by these pre- 
 sents, release, acquit and forever discharge the said E. E , his 
 heirs, executors and administrators, of and from the said guar- 
 dianship, and of and from the said legacy or legacies, and of and 
 from all actions, suits, payments, accounts, reckonings, claims and 
 demands whatsoever, for or by reason thereof, or of any other 
 act, matter, cause or thing whatsoever, from the beginning of the 
 world to the day of the date of these presents. In witness, &c. 
 
 Release to the Father of a Bastard. 
 
 Know all men by these presents : That whereas A. B., of, &c., 
 spinster, has lately been delivered of a male bastard child, [or is 
 now pregnant with child, as the case may be,] in said township, 
 and has charged C. D., of the same place, with being the father 
 thereof; and whereas the said A. B. has this day agreed with the 
 said C. D. to take the sum of one hundred dollars, in full satisfac- 
 tion, for the lying-in expenses, maintenance, educating and bring- 
 ing up the said child: Therefore know ye, that the said A. B., for 
 and in consideration of the said sum of one hundred dollars, law- 
 ful money of the United States, to her in hand paid by the said 
 C. D., at and before the ensealing and delivering hereof, the receipt 
 whereof is hereby acknowledged, hath remised, released, acquitted 
 and forever discharged, and by these presents, doth remise, release, 
 acquit and forever discharge, the said C. D., his heirs, executors 
 and administrators, of and from all manner of criminal and civil 
 action or actions, now brought, or hereafter to be brought, against 
 him, and also, of and from all debts, payments, accounts, claims and 
 demands whatsoever, the said A. B. ever had, now hath, or here- 
 after shall or may have, against the said C. D., his heirs, exe- 
 cutors and administrators, for or on account of the birth, mainte- 
 nance, educating and bringing up the said child ; or for, or by 
 reason of any matter, cause or thing whatsoever, touching or con- 
 cerning the same. In witness, &c. 
 
 [If surety be given for the due observance of the covenants, in 
 the above-mentioned release, then add the following :]
 
 RELEASE. 305' 
 
 And further, for the true observance of the covenants aforesaid, 
 the said A. B. and her friend E. F., do hereby bind themselves, 
 their heirs, executors and administrators, and every of them, unto 
 the said C. D., his executors, administrators or assigns, in the penal 
 sum of three hundred dollars, lawful money as aforesaid : Upon 
 condition, that the said A. B. shall and do, in all things, well and 
 truly observe, fulfil and keep, the covenants aforesaid, which on 
 her part and behalf are to be observed and kept, according to the 
 true intent and meaning of the same, as mentioned in the above- 
 written release, then this obligation to be void, or else to be and 
 remain in full force and virtue. In witness, &c. 
 
 Release of all Demands. 
 
 Know all men by these presents, That I, A. B., of, &c., as well 
 for and in consideration of the sum of one dollar, to me in hand 
 paid by C. D., of, &c., at and before the sealing and delivering 
 hereof, the receipt whereof I do hereby acknowledge, as for 
 divers other good causes and valuable considerations, me thereto 
 specially moving, have remised, released, quit-claimed, and for- 
 ever discharged, and by these presents, for me, my heirs, execu- 
 tors and administrators, do remise, release, quit-claim and forever 
 discharge the said C. D., his heirs, executors and administrators, 
 and every of them, of and from all, and all manner of action and 
 actions, cause and causes of action and actions, suits, debts, dues, 
 duties, sum and sums of money, accounts, reckonings, bonds, bills, 
 specialties, covenants, contracts, agreements, promises, variances, 
 damages, judgments, extents, executions, claims and demands, 
 whatsoever, in law or equity ; or otherwise, howsoever, which 
 against the said C. D. I ever had, now have, or which I, my heirs, 
 executors or administrators hereafter can, shall or may have, for, 
 upon or by reason of any matter, cause or thing whatsoever, from 
 the beginning of the world, to the day of the date of these pre- 
 sents. In witness whereof, &c. 
 
 Release upon a Mortgage. 
 
 Whereas A. B., by indenture of mortgage, dated the first day 
 of January, A. D. 1844, recorded at Reading, in Mortgage-book 
 B., page 263, did grant in mortgage to me, C. D., of Amity town- 
 ship, Berks County, to secure the payment of the sum of one thou- 
 sand nine hundred dollars, with interest, a certain messuage, tene- 
 ment, &c. [Here describe the premises as set forth in the 
 mortgage.] And the said A. B., being desirous of having his said 
 messuage and lot relieved from the operation of said mortgage: 
 
 Now, I, the said C. D., in consideration of the premises, and of 
 the sum of one dollar, to me in hand paid, by the said A. B., the 
 
 2 A*
 
 306 RELEASE. 
 
 receipt whereof I do hereby acknowledge, have, and hereby do, 
 for myself, my executors, administrators and assigns, covenant, 
 promise and agree with the said A. B., his heirs and assigns, that 
 no execution, or other final process, or proceeding in law, shall 
 be sued, levied, taken or executed by me, my heirs, executors, 
 administrators or assigns, by virtue of the said mortgage, on, 
 for or against the messuage and lot, conveyed by the said A. B., 
 to me, the said C. D., as above recited ; and, by these presents, 
 do remise, release and for ever quit claim, unto the said A. B., his 
 heirs, executors, administrators or assigns, the aforesaid described 
 premises. 
 
 In testimony whereof, the said C. D. hath hereunto set his hand 
 
 and seal, the day of , one thousand eight hundred and 
 
 forty -four. 
 
 Signed, sealed and delivered ) 
 
 in the presence of 5 
 
 C. D. 
 
 The day of , A. D. 1844, before me, one of the jus- 
 tices of the peace in and for Berks county, came the above [or 
 within] named C. D., and acknowledged the above [or within] 
 instrument of writing, to be his act and deed, and desires that the 
 same may be recorded as such, according to law. Witness my 
 hand and seal. 
 
 C. D. 
 
 Release between Copartners or Traders on settling Accounts. 
 
 Whereas sundry accounts current, and otherwise, and divers 
 dealings in trade, have been subsisting and depending, for many 
 years last past, between A. B., of the borough of Reading, in the 
 county of Berks, and State of Pennsylvania, and C. D , late of 
 the borough aforesaid, but now of the city of Philadelphia, which 
 said accounts and dealings they have balanced and adjusted ; by 
 which it appears that nothing remains due from one to the other : 
 therefore, to prevent any further disputes, touching and concern- 
 ing such accounts and dealings, and to ascertain and confirm such 
 balance and adjustment, they, the said A. B. arid C. D., have 
 mutually agreed to give and execute reciprocal releases to each 
 
 her. 
 
 Now know all men by these presents, that he, the said A. B., 
 for the considerations aforesaid, and to prevent all future dis-
 
 RELEASE. 307 
 
 putes, for himself, his heirs, executors and administrators, hath 
 remised, released, and for ever quit claimed, and by these pre- 
 sents, doth remise, release, and for ever quit claim, unto the said 
 C. D., his heirs, executors and administrators, all and all manner 
 of actions, causes of action, suits, debts, dues, sums of money, ac- 
 counts, reckonings, bonds, specialties, covenants, contracts, contro- 
 versies, agreements, promises, variances, damages, judgments, ex- 
 tents, executions, claims and demands, whatsoever, both at law and 
 in equity, which against the said C. D., his heirs, executors and ad- 
 ministrators, he, the said A. B., now hath, or ever had, on account 
 of their said mutual dealings : or for or by reason of any other 
 cause, matter or thing whatsoever, from the beginning of the 
 world to the day of the date of these presents. 
 
 In witness whereof, he, the said A. B., halh hereunto set his 
 hand and seal, this tenth day of May, one thousand eight hun- 
 dred and forty-four. 
 
 Sealed and delivered > 
 in presence of 3 
 
 E. F. 
 
 A. B. 
 
 To make the release mutual and reciprocal, the counter- 
 part should be written by C. D. to A. B., reversing the names, 
 each party of course retaining one.. 
 
 Release of Dower, by Indorsement. 
 
 Know all men by these presents, that I, M. W., widow and 
 relict of the within-named H. W., deceased, for divers good causes 
 and considerations, and especially for and in consideration of the 
 sum of one dollar, to me in hand paid, by the within-named C. 
 D., at and before the ensealing and delivering hereof, the receipt 
 whereof I do hereby acknowledge, have remised, released, and 
 forever quit claimed, and by these presents, do remise, release, 
 and forever quit claim, unto the said C. D., and to his heirs and 
 assigns, all and all manner of dower and right, and title of dower, 
 and other interest, right, or title whatsoever, which I, the said M. 
 W., now have, may, might, should, or of right ought to have, or 
 claim of, in, to, or out of, all that the within-mentioned messuage, 
 &c., granted to the said C. D., and every part and parcel thereof, 
 with the appurtenances : And also, all manner of action and ac- 
 tions, writ and writs of dower, or other actions, and right to mak- 
 ing distress, whatsoever ; so that neither I, the said M. W., nor 
 any other person or persons whatsoever, for me, or in my name,
 
 
 308 REPORT. 
 
 right or stead, any manner of dower, or writs of dower, or ac- 
 tions, right or title of dower, or other interest, claim or demand 
 whatsoever, of or in the said messuage, &c., hereditaments and 
 premises within mentioned, or of or in any part or parcel thereof, 
 at any time hereafter, shall or may have, claim or prosecute 
 against the said C. D., his heirs or assigns. In witness, &c. 
 
 Sealed and delivered > 
 
 in presence of 5 
 
 S. R. ' 
 
 M. W. 
 
 REPORT. 
 
 A report is a certificate to the court made by an officer or other 
 person appointed by the court, of the facts or matters to be ascer- 
 tained by him, or of something of which it is his duty to inform 
 the court. If the parties in the case accede to the report, and no 
 exceptions are filed, it is in due time confirmed ; if exceptions are 
 filed to the report, they will, agreeably to the rules of the court, 
 be heard ; and the report will either be confirmed, set aside, or 
 referred back for the correction of some error. 2 Madd. Ch. 505 ; 
 Blake's Ch. Pr. 230. 
 
 Report of Examiners of Attorney at Law. 
 
 We, the undersigned, examiners appointed by the Court of 
 Common Pleas of county, do hereby certify that having ex- 
 amined Mr. C. D., on his application to be admitted to practice in 
 the said court, we are unanimously of opinion that he is suffi- 
 ciently qualified to practice as an attorney of the said court, and 
 that we have received satisfactory evidence that he is a gentleman 
 of good moral character. 
 
 Report of an Alien. 
 
 County, ss. Be it remembered, that at a Court of Com- 
 mon Pleas, held at , in and for the said county, (or) before 
 
 me, the prothonotary of the court of, &c., personally came A. B., 
 
 a native of , who upon his solemn did depose and say, 
 
 that he is a native of , now residing in the of , aged 
 
 years, or thereabouts, and that it is his bonafide intention to 
 
 become a citizen of the United States, and to renounce forever all
 
 REPORT. 309 
 
 allegiance and fidelity to any foreign prince, state, potentate or 
 
 sovereignty whatever, and particularly the emperor of , of 
 
 whom before he was a subject. 
 
 In witness whereof, I have hereunto set my hand and the seal 
 of the court this day of , A. D. . 
 
 Report of Auditors to Orphans' Court on application of Exe- 
 cutor, Administrator or Guardian, to sell or mortgage Real 
 Estate. 
 
 To the Honourable, the Judges of the Orphans' Court of the 
 County of . 
 
 The undersigned, appointed by this honourable court, on the 
 
 day of , A. D. , to ascertain the truth of the facts 
 
 set forth in the petition of A. B., of , do respectfully 
 
 report : 
 
 That upon investigating the accounts filed by the said , it 
 
 appears that the personal estate of the said is inadequate to 
 
 , and that in our opinion it is necessary to sell or mortgage 
 
 the following described real estate of the said for that pur- 
 pose. 
 
 Witness our hands this day of , A. D. . 
 
 Report of Auditors on settlement of an Account. 
 To the Honourable, &c. 
 
 The undersigned, auditors appointed by the court to audit and 
 
 adjust the accounts of A. B., of , respectfully beg leave 
 
 to report : 
 
 That having examined the said accounts, with the vouchers, 
 papers and other evidences thereof, we have found the same to 
 be just and true according to the preceding statement, by which 
 
 it appears that there is a balance of remaining in the hands 
 
 of the said accountant, [if authorized to distribute, say] for pro 
 
 rata distribution among the of the said , and which we 
 
 have divided among the said according to the amount of 
 
 their respective claims, at the rate of per centum as per the 
 
 annexed schedule. 
 
 All which is respectfully submitted. 
 
 Report of Commissioners appointed to lay out State Road. 
 
 To the Honourable, &c. 
 
 We, the commissioners appointed by an Act of Assembly of 
 
 the Commonwealth of , passed the day of , A. 
 
 D. , to view, lay out and mark a state road, beginning at 
 
 , in the county of , thence by the nearest and best rout
 
 310 RETURN BY SHERIFF. 
 
 to , thence by the nearest and best to , &c. &c., do report : 
 
 That in pursuance of said appointment we met at , on the 
 
 day of , A. D. , and being first sworn, (or affirmed,) 
 
 according to the direction of the said act, we proceeded to per- 
 form the duties therein, and have viewed, laid out, and clearly 
 and distinctly marked on the ground the rout agreed upon, as in 
 said act we were directed, and viewed and laid out said road, 
 according to the requirement of the said act, a fair and accurate 
 draft of which is hereto annexed, on which the courses and dis- 
 tances as they occurred, the improvements through which it 
 passes, the crossing of county and township lines, roads and 
 waters are accurately noted, together with such other matter as 
 
 may serve for explanation, having begun at and ended at 
 
 as directed. 
 
 All which is respectfully submitted. 
 
 RETURN BY SHERIFF. 
 
 Remarks. 
 
 The return of writs is a short account in writing, made by the 
 sheriff, or other ministerial officer, of the manner in which he has 
 executed a writ. Steph. on PI. 24. 
 
 It is the duty of such officer to return all writs on the return 
 day ; on his neglecting to do so, a rule may be obtained on him 
 to return the writ, and if he do not obey the rule, he may be at- 
 tached for contempt. See 19 Vin. Abr. 171 ; Com. Dig. Return ; 
 2 Lilly's Abr. 476. 
 
 On Attachment. 
 Attached prout Return. 
 To the Honourable, the Judges within named. 
 
 I do humbly certify, that by virtue of the within-named writ to 
 me directed, I have attached all and singular the goods, chattels, 
 moneys and effects of the within-named C. D., in my bailiwick, 
 in the hands and possession of E. F., as by the within writ I am 
 commanded, as by the schedule hereunto annexed appears. So 
 answers A. B., sheriff. 
 
 Attached by Pledges. 
 
 The within-named C. D. is attached by his pledges I. S., and 
 E. F.
 
 RETURN BY SHERIFF. 3H 
 
 Nihil, Sfc. 
 
 The within-named C. D. hath nothing in my bailiwick whereby 
 he can be attached, nor is he found in the same. 
 
 On Capias ad Respondendum. 
 Cepi Corpus. 
 
 By virtue of this writ to me directed, I have taken the body of 
 the within-named I. S., which I have ready before the judges 
 within named, at the day and place within contained, as within I 
 am commanded. 
 
 . 
 
 Languidus. 
 
 By virtue, &c., [as above], I have taken the body of the within- 
 named I. S., who remains in my custody in prison, so sick, weak, 
 and infirm, that without great danger of his death, I cannot have 
 his body before, &c., [as above]. 
 
 Non est Inventus. 
 
 The within-named A. B. is not found in my bailiwick. [If 
 there be more than one defendant, say, " the within-named A. B., 
 C. D. and E. F. are not found, nor is either of them found in my 
 bailiwick."] 
 
 Rescue. 
 
 By virtue of this writ to me directed, I made my certain war- 
 rant, directed to T. P., my bailiff, to take and arrest the within 
 C. S., which said bailiff, by virtue of the said warrant, did, on the 
 
 day of , in the year, &c., at in the county of , 
 
 take and arrest the body of the said C. S., and him in his custody 
 then and there had. Whereupon a certain G. R., of, &c., yeoman, 
 in and upon said bailiff, then and there made an assault, and the 
 said C. S., then and there out of the custody of my said bailiff, 
 with force and arms did rescue. And the said C. S., himself, then 
 and there from the custody of my said bailiff, with force and arms, 
 &c., did rescue, withdraw and escape. And afterwards the same 
 C. S. was not found in my bailiwick. 
 
 This may be returned as a rescue from the sheriff himself.
 
 312 RETURN BY SHERIFF. 
 
 On Capias ad Satisfaciendum. 
 Cepi Corpus. 
 
 By virtue of this writ to me directed, I have taken the body of 
 the within-named A. B., which I have ready before the judges 
 within named, at the day and place within contained, to satisfy 
 the within-named C. D., of the debt and damages within men- 
 tioned, as within I am commanded. 
 
 Non est Invent us. 
 
 The within-named A. B. is not found in my bailiwick [as be- 
 fore]. 
 
 * & 
 
 On Distringas. 
 Attached. 
 
 The within-named A. B. is attached by his pledges, C. D. and 
 E. F. 
 
 Nihil 
 
 The within-named A. B. hath nothing in my bailiwick whereby 
 he may be distrained. 
 
 Dower. 
 Return of Writ of Seisin. 
 
 I, I. M., Esquire, high sheriff of the county of , to the 
 
 judges in the writ to this schedule annexed named do certify, that 
 
 by virtue of the said writ to me directed, on the day of , 
 
 in the year, &c., I caused R. S., widow, in the writ aforesaid 
 named, to have full seisin of one-third part of one messuage, &c., 
 with the appurtenances, in the same writ specified, to wit, of the 
 lower room in the front part of the said messuage, towards the 
 west; of a back chamber of the said messuage, one story high 
 towards the east, &c., in the tenure of R. H., also of one other 
 messuage, &c., with free ingress and egress to and from the same 
 respectively, to hold to the said R. S. in severally, by metes and 
 bounds, in the name of the whole dower of her, the said R. S., 
 to her happening of all the messuages, kitchens, gardens and lands 
 in the said writ specified, as by the same writ 1 am commanded.
 
 RETURN BY SHERIFF. 313 
 
 On Writ of Error. 
 Return of Writ of Error. 
 
 The record and process within mentioned, with all things 
 touching the same, before the judges within named, at the day 
 and place within contained, in a certain record to this writ an- 
 nexed, we do certify and send as within we are commanded. 
 
 Of Sci. Fa. to hear Errors. 
 
 By virtue, &c., I have made known to T. R. and E., his wife, 
 within named, (by A. B. and C. D., &c.,) that they be and appear 
 before the judges within named, at the day and place within con- 
 tained, to hear the record within mentioned: and further to do 
 and receive as in the said writ is required. 
 
 On Fieri Facias. 
 Fieri Fed. 
 
 By virtue of this writ to me directed, of the goods and chattels 
 of the within-named T. E., I have caused to be levied the debt 
 and damages specified, and these moneys I have ready before the 
 judges within named, at the day and place within contained, as 
 within I am commanded. 
 
 Nulla Rona. 
 
 The within-named R. B. hath no goods or chattels, (lands or 
 tenements,) whereof I can cause the moneys within mentioned, 
 or any part thereof, to be levied. 
 
 Goods not Sold. 
 
 By virtue, &c., of the goods, &c., I have caused to be levied to 
 the value of the debt and damages within mentioned, which said 
 goods remain in my hands, for want of buyers; therefore, I can- 
 not have the moneys within mentioned, before the judges within 
 named, at the day and place within contained, as within I am 
 commanded. 
 
 Levied as to Part. 
 
 By virtue, &c., of the goods, &c., I have caused to be levied 
 
 parcel of the debt and damages within mentioned, which 
 
 moneys I have ready, &c., [as before,] and I do' further certify 
 
 2B
 
 314 RETURN BY SHERIFF. 
 
 that the aforesaid C. D. hath no other goods or chattels, lands or 
 tenements, in my bailiwick, whereof I can cause to be levied the 
 residue of the said debt. 
 
 Same on Fi. Fa. against Executors. 
 
 By virtue of a writ of fieri facias, to me directed, and to this 
 schedule annexed, to the judges in the same writ named, at the 
 day and place therein contained, I do certify, that of the goods 
 and chattels, which were of T. H., at the time of his death, in the 
 hands of S. D., in the same writ named to be administered, I have 
 caused to be levied the sum of , parcel of the debt and da- 
 mages in the said writ specified; which said sum of , I have 
 
 ready before the judges aforesaid, to render to F. D., in the same 
 writ named, in part of the said debt. 
 
 And I do also certify that the aforesaid S. D. hath no other 
 goods and chattels in my bailiwick, which were of the said T. H., 
 at the time of his death, in her hands to be administered. And I 
 do further certify that the aforesaid S. D. hath no goods or chat- 
 tels of her own in my bailiwick, whereof I can cause the damages 
 in the said writ mentioned to be levied. 
 
 Devastavit. 
 
 To the judges, &c. I do certify that the within-named L. G., 
 after the death of the within-named K. P., had divers goods and 
 chattels in my bailiwick, which were of the aforesaid K. P., at the 
 time of his death, in his hands to be administered, to the value of 
 the debt within mentioned ; but before the coming of this writ, 
 the aforesaid L. G., the goods and chattels aforesaid, to the value 
 of the debt aforesaid, had wasted and to his own proper use had 
 converted, whereby the debt and damages aforesaid, or any part 
 thereof, 1 cannot cause to be levied as within I am commanded. 
 
 Rescue. 
 
 To the judges, &c. I do certify that by virtue of this writ to 
 me directed, I made my certain warrant, directed to a certain F. 
 B., my bailiff, to the debt and damages within mentioned, of the 
 goods and chattels of the within-named J. S., according to the 
 command of the said writ which said F. B. afterwards arid before 
 
 the return of the said writ, to wit : the day of , in the 
 
 year, &c., at , in the county aforesaid, by virtue of my said 
 
 warrant, did seize and take into his hands, divers goods and chat- 
 tels of him, the said J. S., to the value of the debt and damages 
 aforesaid, and the same in his custody then and there had and 
 detained, until J. S., Jr., and W. S., with many other persons un-
 
 RETURN BY SHERIFF. 315 
 
 known, afterwards, to wit, &c., at, &c., in and upon my said bailiff 
 with force and arms, &c., an assault did make, and him, my said 
 bailiff, did beat, wound and evilly treat. And the goods and chat- 
 tels aforesaid, out of the custody of the said F. B. then and there 
 with force and arms did rescue, against the will of my said bailiff, 
 and against the peace, &c. 
 
 Or thus : By virtue of this writ to me directed, I seized and 
 took into my hands divers goods, &c., and the same in my custody 
 had, until a certain J. S., &c., afterwards, to wit, &c., in and upon 
 me, the said sheriff, with force and arms, an assault did make, and 
 me, the said sheriff, did beat, &c v 
 
 On Habeas Corpus. 
 On Habeas Corpus to the Common Pleas. 
 
 The execution of this writ appears in a certain schedule to this 
 writ annexed. 
 
 On same to the Sheriff or Gaoler. 
 
 The body of the within-named G. R., by me before taken and 
 detained before the judges within named, at the day and place 
 within contained, I have ready as within I am commanded. 
 
 Cum Causa. 
 
 The body of the within-named A. B., in my custody, together 
 with the day and cause of his being taken and detained, before, 
 &c., I have ready, as within I am commanded. 
 
 Not detained in prison, fyc. 
 
 To the judges, &c. I do certify that the within-named J. S. is 
 not detained in prison in my custody, nor was he detained therein 
 on the day of the receipt of this writ ; nor is there any cause of 
 detention of him, the said J. S., remaining before me. 
 
 Detained by Writ. 
 
 To the judges, &c. I do certify, that before the coming of this 
 writ, the within-named W. B. was taken and committed to the 
 
 prison of , in my custody, by virtue of a certain other writ 
 
 to me before directed, a true transcript whereof I send annexed 
 to this writ. Nevertheless, the body of the said W. B. I have 
 ready, &c.
 
 316 RETURN BY SHERIFF. 
 
 In Execution. 
 
 To the judges, &c. I do certify that the body of the within- 
 named T. C. is in execution, at the suit of T. B., for. the sum of 
 , returnable before, &c., on the day of . Never- 
 theless, &c. 
 
 On Warrant. 
 
 To the judges, &c. I, T. B., Esq., High Sheriff of the county 
 of , do certify, that before the coming of this writ to me di- 
 rected, to wit, on the day of , last past, J. M., in the 
 
 said writ named, was committed to my custody by virtue of a 
 certain warrant [or mittimus] under the hands and seals of E. H. 
 and T. C., Esqs., two of the justices of the peace of the county 
 aforesaid, the tenor of which said warrant follows in these words : 
 " To the keeper of the gaol," &c., [as in the warrant] and this is 
 the cause of the taking and detaining of the aforesaid J. M. in my 
 custody. Nevertheless, &c. 
 
 On Suspicion. 
 
 To the judges, &c. I do certify that before the coming of this 
 
 writ, the within-named C. D. was committed to the prison of , 
 
 on suspicion of counterfeiting the moneys of the United States, 
 and for that cause and no other, in the same prison is detained. 
 
 Or thus : On suspicion of larceny, and because he could not find 
 sufficient sureties to abide the laws of the state, &c., [as before.] 
 
 ** 
 
 On Indictment. 
 
 That before the coming of this writ, to wit, at a court of, 
 
 &c., held, &c., before, &c., the within-named A. B. was indicted 
 for, &c., and by the same court was committed to the prison of 
 
 , which said indictment remains before the said judges at, &c. 
 
 Nevertheless, &c. 
 
 On other Causes. 
 
 And also the said E. G. is detained in the prison of the said 
 county, by virtue of a certain writ of latitat. against him at ihe 
 suit of J. A., of a plea of trespass. And also of the bill of the said 
 J. A. against him, the said E. G., for two hundred dollars, return- 
 able before the judges at , the day of , last past. 
 
 And these are the causes of the taking and detaining of the afore- 
 said E. G. Nevertheless, &c.
 
 RETURN BY SHERIFF. 317 
 
 On Habere Facias Possessionem. 
 Cum Fi. Fa. 
 
 By virtue of this writ to me directed, on the day of , 
 
 in the year within mentioned, I caused the within-named H. H. 
 to have possession of his term within specified, of the tenements 
 within mentioned, with the appurtenances. And I have also 
 caused to be levied of the goods and chattels of the within-named 
 W. W., the damages within mentioned, which moneys I have 
 ready before the judges within named, at the day and place within 
 contained, to render to the said H. H. as within I am commanded. 
 
 On Replevin. 
 Replevied. 
 
 By virtue, &c , I have caused to be replevied unto the within- 
 named R. S., the goods and chattels within mentioned, as within 
 I am commanded. 
 
 ! 
 
 Elongata. 
 
 Before the coming of this writ, the goods and chattels within 
 mentioned were eloined by the within-named W. C.,' to places 
 by me unknown. Therefore, I cannot replevy the same as within 
 I am commanded. 
 
 ' 
 
 The same as to part. 
 
 To the judges, &c. I do certify, that by virtue of this writ to 
 me directed, 1 have caused to be returned to the within-named 
 A. B.j two colts, part of the cattle within mentioned, as within I 
 am commanded, and that before the coming of this writ, the resi- 
 due of the cattle aforesaid were eloined by the within-named C. 
 D. to places to me unknown, &c. 
 
 No Pledges. 
 
 The within-named A. B. hath not found any pledges to prose- 
 cute this writ ; therefore nothing hath been done towards the exe- 
 cution thereof. 
 
 Nullus venit, SfC. 
 
 To the judges, &c. I do certify, that no one came on the part 
 of the plaintiff to show the goods to me. 
 
 2B*
 
 318 RETURN BY CONSTABLE. 
 
 On Scire Facias. 
 Scire Fed. 
 
 By virtue of this writ to me directed by A. B. and C. D., honest 
 and lawful men of my bailiwick, I have made known to the 
 within-named J. S., that he be before the judges within named, 
 at a day and place within contained, to show if any thing for him- 
 self he hath or knows to say, why, &c., [according to the writ,] 
 as within I am commanded. 
 
 Or thus : " To show in manner and form as by this writ it is re- 
 quired." Or, "to do those things which by this writ are required." 
 
 Same as to Terre Tenants. 
 
 I, R. B., Esq., High Sheriff of the county of , to the judges 
 
 in the writ hereunto annexed named, do certify, that by virtue of 
 the said writ to me directed, and to this schedule annexed, by J. 
 B. and L. M., honest and lawful men of my bailiwick, I have 
 made known to J. B., tenant of one messuage, &c., with the ap- 
 purtenances, situate, lying and being in , in the county afore- 
 said. And also to J. H., tenant of, &c., [naming the several ten- 
 ants,] of which said lands and premises, the within-named R. B. 
 
 was seised in his demesne, as of fee, on the day of , in 
 
 the year, &c., (on which day judgment was rendered of the debt 
 and damages within mentioned,) that they be before the judges 
 aforesaid, at the day and place within contained, to show in man- 
 ner and form as by this writ it is required. And I do also certify 
 that there are no other tenants of any further or other lands or 
 tenements, which were of the said R. B. at the time of the render- 
 ing of the judgment aforesaid, in my bailiwick, to whom I could 
 make it known, as within I am commanded. 
 
 RETURNS BY CONSTABLE. 
 
 Constable's return to Court of Constable's Election. 
 
 To the Honourable the Judges of the Court of Quarter Sessions 
 of the Peace of the County of Lancaster. 
 
 At an election held at the house of James Smith, of the town- 
 ship of : , innkeeper, on Friday, the day of , instant, 
 
 Simon Straub having one hundred and sixty-nine votes, and Sam- 
 uel Steel having ninety votes, were duly elected to the office of 
 constable of the said township for the ensuing year, certified by 
 
 us at the township aforesaid, the day of , A. D. 1845. 
 
 J. M., Constable of Township. 
 
 Judges.
 
 RETURN BY CONSTABLE. 319 
 
 Notice to Constables elected. 
 
 To Simon Straub and Samuel Steel, of the township of , in 
 
 the County of Lancaster. 
 
 Take notice, that at an election held at the house of James 
 
 Smith, of the township aforesaid, innkeeper, on Friday, the 
 
 day of , instant, you were duly elected to the office of con- 
 stable of the said township for the ensuing year. Given under 
 
 my hand at township aforesaid, the day of , A. D. 
 
 one thousand eight hundred and forty-five. 
 
 J. M., Constable of Township. 
 
 r j - 
 
 Constable's return to Court. 
 
 To the Honourable the Judges of the Court of Quarter Sessions 
 of the Peace for the County of Lancaster. 
 
 J. M., constable of the township of , in the said county, 
 
 makes his return to the said court, of a list of all the wholesale 
 and retail dealers described in the Act of 7th April, 1830, dealing 
 within the district and township aforesaid, as far as he can ascer- 
 tain the same. 
 
 JOHN STARK, 
 
 ELIAS BROWN. 
 Lancaster County, ss. 
 
 J. M., constable as aforesaid, on his oath, says that the above 
 return and list is just and true to the best of his knowledge and 
 belief. J. M. 
 
 Sworn and subscribed before } 
 
 me this day of , 1845. 5 
 
 0. N. JUSTICE. 
 
 Return of Constable, on Domestic Attachment. 
 
 June 10, 1845, attached one colt, one cow, one bureau, two 
 barrels of cider, &c. &c. Attached the same in the hands of A. 
 B., of - township, carpenter. So answers 
 
 J. M., Constable of -- Township. 
 
 If the constable cannot find property of the defendant, he 
 may return, " the defendant has no goods and chattels within the 
 county whereby he can be attached." So answers, &c. 
 
 Return of Constable on Warrant. 
 
 The within-named Charles Dean is not found in my bailiwick. 
 So answers J. M., Constable of - Toivnship. 
 
 '
 
 320 SUBPCENA. 
 
 Return of Constable on Warrant. 
 
 I have taken the within-named John Shaw, whose body I have 
 ready, as within I am commanded. So answers 
 
 J. M., Constable of Township. 
 
 . 
 
 Return of Constable on a Warrant. 
 
 By virtue of this warrant to me directed, on the tenth day of 
 June, instant, I took and arrested the within-named A. B., and 
 
 safely kept him in my custody, until S. B., of township, and 
 
 divers other persons, to me unknown, on the eleventh day of June, 
 instant, at the township aforesaid, assaulted and ill treated me, 
 and the said A. B. out of my custody then and there rescued. 
 And afterwards the said A. B. is not found in my bailiwick. So 
 answers J. M., Constable of Township. 
 
 Return of Constable on Warrant for Affray. 
 
 I have taken the within-named A. B., whose body I have ready, 
 as within I am commanded ; but the within-named C. D. is not 
 found in my bailiwick. So answers 
 
 J. M., Constable of Township. 
 
 SUBPCENA. 
 Remarks. 
 
 A subpoena is a process to cause a witness to appear and give 
 testimony, commanding him to lay aside all pretences and excuses, 
 and appear before a court or magistrate therein named, at a time 
 therein mentioned, to testify for the party named, under a penalty 
 therein mentioned. On proof of service of a subpoena upon the 
 witness, and that he is material, an attachment may be issued 
 against the witness for a contempt, if he neglects or refuses to 
 attend as commanded. 
 
 Subpoena with clause ofDuces Tecum. 
 Erie County, ss. 
 
 The Commonwealth of Pennsylvania to A. B., greeting : We 
 command you, that setting aside all manner of business and ex- 
 cuses whatsoever, you be and appear in your proper person, be- 
 fore our judges at Erie, at our Court of Common Pleas for the 
 
 County of Erie, there to be held the day of , 1845, at 
 
 10 o'clock in the forenoon of that day, to testify all and singular, 
 those things which you shall know in a certain action now depend- 
 
 Jr A
 
 WILL. 321 
 
 ing and undetermined, between C. D, plaintiff, and E. F., defend- 
 ant, on the part of the plaintiff, and that you bring with you aU 
 and singular, the day books, ledgers, letter books, and all papers 
 and documents whatever of the said C. D. And this you are not 
 to omit under the penalty of one hundred pounds. Witness the 
 
 honourable G. H., President of our said court at Erie, the 
 
 day of , in the year of our Lord one thousand eight hundred 
 
 and forty-five. W. K., Prothonotary. 
 
 Common Form, before Arbitrators. 
 Erie County, ss. 
 
 The Commonwealth of Pennsylvania to : , greeting : We 
 
 command you and each of you, that you be and appear in your 
 proper persons, before A. B., C. D. and E. F., arbitrators, appointed 
 to hear and decide all matters in variance, between the parties, in 
 a certain action wherein G. H. is plaintiff and J. K. defendant, at 
 
 the house of R. M., in the township of , on Thursday, the 
 
 day of next, then and there to give evidence on the 
 
 part of the plaintiff [or defendant, as the case may bej. Hereof 
 fail not, under the penalty which may ensue. Witness my hand 
 
 the day of , A. D. 1845. 
 
 C. D., one of the Arbitrators. 
 
 WILL. 
 
 Remarks. 
 
 A will or testament, is the legal declaration of a man's inten- 
 tions of what he wills to be performed after his death. Co. Litt. 
 Ill ; Shep. Touch. 399. The terms will and testament are gene- 
 rally used as synonymous. There are five essential requisites 
 to make a good will. 1. The testator must be legally capable of 
 making a will. 2. The testator, at the time of making his will, 
 must have a serious intention to make such will, and not jestingly 
 or boastingly. 3. The mind of the testator, in making his will, 
 must be free, and not moved by fear, fraud or flattery. 4. There 
 must be a person to take, capable of taking. 5. The will must 
 be put in proper form. Wills are either written or nuncupative. 
 A will in writing must be, 1st, written on paper or parchment, 
 and it may be in any language. It is very important that the 
 design of the testator be clearly expressed. 2d. It must be signed 
 by the testator or some person authorized by him, but a sealing 
 has been held to be a sufficient signature. 2 Str. 764. And it 
 ought to be signed by the attesting witnesses. In some states 
 three witnesses are required, who should sign the will as such, at 
 the request and in the presence of the testator and of each other. 
 This formality should generally be pursued, as the testator may 
 have lands in such states, which would not pass without it. 3d.
 
 322 WILL. 
 
 It must be published, that is, the testator must do some act from 
 which it can be concluded that he intended the instrument to ope- 
 rate as his will. 4th. To make a good will of goods and chattels, 
 there must be an executor named in it ; otherwise, it will be a 
 codicil only, and the party is said to die intestate ; in such a case, 
 administration must be granted. Bac. Abr. Wills, D. 2. It is a 
 rule that the last will revokes all former wills. A nuncupative 
 will or testament, is a verbal declaration by a testator of his will 
 before a competent number of witnesses. The Act of Assembly 
 of Pennsylvania, 8th April, 1833, Pamph. L. p. 249, requires that 
 every will shall be in writing, and signed by the testator, unless 
 he be prevented by the extremity of his last sickness. There is 
 a proviso, however, in favour of sailors, soldiers, &c. Much care 
 should be taken in drafting wills, so that the wishes of the testator 
 may be clearly expressed in proper terms. The want of that care 
 causes most of the difficulties concerning them. 
 
 *ft form for a Will. 
 
 In the name of God, Amen. I, John Hook, of the city of Lan- 
 caster, in the Commonwealth of Pennsylvania, merchant, being 
 in health of body [or weak in body, as the case may be,] and of 
 sound mind, memory and understanding, praised be God for the 
 same, do make this, my last will and testament in manner and 
 form following : 
 
 I give, devise and bequeath, unto my beloved wife, Mary Hook, 
 her heirs and assigns forever, all my property, real, personal and 
 mixed, of what nature or kind soever, and wheresoever the same 
 shall be at the time of my death. 
 
 And I do nominate, constitute and appoint my said wife sole 
 executrix of this, my last will and testament, hereby revoking and 
 making void all and every other will or wills at any time hereto- 
 fore by me made, and do declare this to be my last will and tes- 
 tament. 
 
 . In witness whereof, I, the said John Hook, have hereunto set 
 my hand and seal this tenth day of January, in the year of our 
 Lord one thousand eight hundred and forty-five. 
 
 Signed, sealed, declared and published 
 by the above-named John Hook, as and 
 for his last will and testament, in the pre- 
 sence of us, who, at his request, and in 
 his presence, have subscribed our names 
 as witnesses thereto. 
 
 JOHN EVANS, 
 WILLIAM SMITH. 
 
 JOHN HOOK.
 
 WILL. 323 
 
 Another form of a 
 
 I, William Smith, of the city of Pittsburgh, in the County of 
 Allegheny and Commonwealth of Pennsylvania, hatter, do make 
 and publish this, my last will and testament, hereby revoking and 
 making void all former wills by me at any time heretofore made. 
 And first, I direct that my body be decently interred in the bury- 
 ing ground of the Episcopal Church of St. Paul's, in the said city, 
 according to the rites and ceremonies of the said church, and that 
 my funeral be conducted in a mariner corresponding with my es- 
 tate and situation in life. And as to such worldly estate as it hath 
 pleased God to entrust me with, I dispose of the same as follows : 
 First, I direct that all my debts and funeral expenses be paid as 
 soon after my decease as possible, out of the first moneys that 
 shall come into the hands of my executors, from any portion of 
 my estate, real or personal : Also, I direct that a fair valuation or 
 appraisement be made by three judicious neighbours, of all my 
 said estate, including my household furniture, and after being 
 signed with their names, that a copy of the same shall be given 
 by them to each of my executors : Also, I direct that all my stock 
 in trade be sold by public auction, for good current money, but 
 not upon credit ; and that all the real estate of which I shall die 
 seised or possessed, shall be sold by my executors for its reasona- 
 ble value, for like current money, or on such credit, and the amount 
 thereof secured in such manner as is usual in like cases to insure 
 the full and punctual payment thereof: And to effectuate this my 
 intention, I do hereby vest in my executors full power and au- 
 thority to dispose pf my real estate, in fee simple, or for a term of 
 years, or otherwise in as full and large a manner, in every respect, 
 as I could myself do, if living : Also, I do direct that the whole of 
 my household furniture [excepting such articles hereafter be- 
 queathed to my several children, as the case may be] shall be and 
 remain the absolute property of my beloved wife, if she shall be 
 living at the time of my decease ; but if she shall not survive me, 
 then that the same shall be given absolutely to such of my daugh- 
 ters, then unmarried, as shall be then living, share and share alike, 
 and to be apportioned by three impartial neighbours, mutually 
 Chosen by my said daughters for that purpose: Also, I do direct that 
 the nett produce of my personal estate, heretofore ordered by me to 
 be disposed of, be divided equally, as soon as it can be done, share 
 and share alike, amongst my said wife, and my several children 
 who shall survive me ; and that the produce of the real estate, if 
 sold on credit, shall be divided in like manner, as soon as it shall 
 come into the hands of my executors ; the heirs or representatives 
 of any of my children, who shall have died between the time of 
 my decease and the time of such division or distribution, to be 
 entitled to such share or shares as their respective ancestors would 
 have been entitled to receive, if then living ; and the share of my
 
 WILL. 
 
 real and personal estate, thus bequeathed to my wife, to be in lieu 
 of her dower at common law, if she shall so elect. And I do 
 hereby make and ordain my esteemed neighbours, Daniel Stone 
 and Charles Dean, executors of this my last will and testament. 
 
 In witness whereof, I, Jonathan Francis' Smith, the testator, 
 have to this my will written on one sheet of paper, set my hand 
 and seal, this first day of January, in the year of our Lord one 
 thousand eight hundred and forty-five. 
 
 Signed, sealed, published and declared") 
 by the above-named Jonathan Francis I 
 Smith, as and for his last will and testa- I 
 merit, in the presence of us, who have i- 
 hereunto subscribed our names as wit- | 
 nesses thereto in the presence of the said | 
 testator, and at his request. 
 
 A. B. 
 C. D. 
 
 JONATHAN FRANCIS SMITH. 
 
 Another form of a Will. 
 
 In the name of God, Amen. I, A. B., of-the county of Phila- 
 delphia, in the state of Pennsylvania, farmer, being weak in body, 
 [or in perfect health of body, as the case may be,] and of sound 
 mind, memory and understanding : but considering the uncertainty 
 of this transitory life, do make and publish this, my last will and 
 testament, in manner and form following, to wit : 
 
 First : It is my will, and I do order, that all my just debts and 
 funeral expenses be duly paid and satisfied, as soon as convenient- 
 ly can be after my decease. 
 
 Item : I give and bequeath unto my dear wife, D., one bed, 
 one cow, &c., together with such of my household furniture, and 
 kitchen utensils, as she may choose to keep for her own use. 
 
 Item : I give and bequeath unto my said wife, the use and oc- 
 cupation of my plantation, &c , until my son A. shall Attain the 
 age of 21 years, (she maintaining and educating my minor chil- 
 dren thereout,) and from and after his arrival at such age, then I 
 give and devise the said plantation, &c., unto my son A., his heirs 
 and assigns forever ; he or they paying thereout, unto my other 
 children hereinafter named, the several sums of money, to them 
 respectively bequeathed ; and also paying unto my said wife, the 
 sum of one hundred and fifty dollars (which sum I hereby be- 
 queath to her) yearly, and every year, during her natural life, for 
 her maintenance and support ; all which legacies to my said wife 
 I do hereby declare to be in lieu and stead of her dower, at com-
 
 WILL. 325 
 
 mon law. And, in case of the death of my said son A. before 
 his arrival at the age aforesaid, then I do order and direct, that 
 my executors, hereinafter named, or the survivor of them, shall, 
 as soon as conveniently may be, after his decease, sell and dispose 
 of my said plantation, &c., to such person or persons, and for such 
 price or prices, as may be reasonably gotten for the same ; and 
 for that purpose, I do hereby authorize and empower my said 
 executors, or the survivor of them, to sign, seal, execute and ac- 
 knowledge, all such deed or deeds of conveyance, as may be 
 requisite and necessary, for the granting and assuring the same to 
 the purchaser or purchasers thereof, in fee simple : And the 
 moneys arising from such sale, to put and place out to interest, on 
 good security, for the payment of the said annuity hereby be- 
 queathed to my said wife ; the residue of the interest to be applied 
 to the maintenance and education of such child, or children, as 
 shall then be under age. 
 
 Item : I give and bequeath unto my son C. the sum of one 
 hundred dollars, to be paid to him six months after my decease. 
 
 Item : I give and bequeath unto my daughter E the sum of 
 one hundred dollars, to be paid to her on her arrival at the age of 
 2 1 years, or the day of her marriage, whichever shall first hap- 
 pen. 
 
 And, as touching all the rest, residue and remainder of my 
 estate, real and personal, of what kind or nature, whatsoever the 
 same may be, in the county of Philadelphia aforesaid, or else- 
 where, I give and devise the same, unto my said wife, D., during 
 her natural life ; and from, and immediately after her decease, I 
 give and devise the same unto my three children, A., C., and E., 
 and to their heirs and assigns forever, to be equally divided 
 among them. 
 
 And, lastly, I nominate, constitute and appoint my said wife, 
 and my son A., to be the executors of this my will, hereby revok- 
 ing all other wills, legacies and bequests, by me heretofore made, 
 and declaring this, and no other, to be my last will and tesia- 
 ment. 
 
 In witness whereof, I have hereunto set my hand and seal, the 
 fourth day of July, one thousand eight hundred and forty-four. 
 
 Signed, sealed, declared and published, by the ^j 
 above-named A. B. as and for his last will and | 
 testament, in presence of us, who at his request }> 
 and in his presence, have subscribed our names | 
 as witnesses thereto. W. R. J 
 
 J. D. 
 
 A. B.
 
 326 WILL. 
 
 Another form of a Will. 
 
 I, A. B., of the township of Amity, in the county of Berks, and 
 state of Pennsylvania, do make and publish this my last will and 
 testament, in manner and form following, that is to say : 
 
 First : It is my will that my funeral shall be conducted with- 
 out pomp, unnecessary parade or ostentation, and that the ex- 
 penses thereof, together with all my just debts, be fully paid. 
 
 Second: I give, devise and bequeath to my beloved wife, M. 
 B., in lieu of her dower, if she should so elect, the plantation on 
 which we now reside, situate in the township aforesaid, and 
 containing two hundred and ten acres, or thereabouts, during her 
 natural life : And all the live-stock, horses, cattle, sheep, swine, 
 &c., by me now owned and kept thereon : Also, all the house- 
 hold furniture and other items, not particularly named and other- 
 wise disposed of, in this my will, during her said life; she, how- 
 ever, first disposing of a sufficiency thereof to pay my just debts, 
 as aforesaid. And, that at the death of my said wife, all the 
 property hereby devised or bequeathed to her, as aforesaid, or so 
 much thereof, as may then remain unexpended, I give unto my 
 three sons, F., W., and I., and to their heirs and assigns for ever. 
 
 Third: I give and devise to my eldest son, F. the farm on 
 which he now resides, situate, &c., and containing one hundred 
 and fifty acres, or thereabouts, and to his heirs and assigns for ever. 
 
 Fourth : I give and devise to my second son, W., the farm 
 now in the occupancy of G. H., situate, &c., and containing one 
 hundred and ten acres, to him, the said W., his heirs and assigns, 
 in fee simple. 
 
 Fifth : I give and devise to my third son, I., the house and 
 lot, in the borough of Reading, in the county and state aforesaid, 
 now in the occupancy of I. K., known and designated in the plan 
 of said borough, by No. 47, to him, the said I., his heirs and as- 
 signs for ever. 
 
 Jlnd last : I hereby constitute and appoint my said wife, M., 
 and my said son F., to be the executrix and executor of this my 
 last will and testament, hereby revoking and annulling all for- 
 mer wills by me made, and ratifying and confirming this, and no 
 other, to be my last will and testament. 
 
 In testimony whereof I have hereunto set my hand and seal 
 the tenth day of May, one thousand eight hundred and forty four. 
 
 Signed, published and declared by the above- ~) 
 named A. B., as and for his last will and testa- I 
 ment, in presence of us,who, at his request, have [ 
 signed as witnesses to the same. M. S. 
 
 R. T. 
 
 A. B.
 
 WILL. 327 
 
 Codicil, or Supplement to a Will. 
 
 I, A. B., the within-named testator, do hereby make and publish 
 this codicil, to be added to my last will and testament in manner 
 following, to wit: .1 give and bequeath, &c. 
 
 And, whereas, in my said will, 1 have given and bequeathed 
 unto my son C. (who is since deceased), the sum of one hundred 
 dollars, to be paid to him six months after my decease, I do hereby 
 declare that my will is, that the same be paid unto my daughter 
 E. immediately after my decease. And lastly, it is my will and 
 desire, that this, my present codicil, be annexed to and made a part 
 of my last will and testament aforesaid. In witness whereof I 
 have hereunto set my hand and seal, this tenth day of May, one 
 thousand eight hundred and forty-five. 
 
 Signed, sealed, published and declared by the ^) 
 said A. B. as and for a codicil to his last will and j 
 testament, in the presence of us, who in his pre- ! 
 sence, and in the presence of each other, have, at f 
 his request, subscribed our names as witnesses j 
 thereto. Q. R. 
 
 S. T. 
 
 
 
 A.B. 
 
 Another form of Codicil or Supplement to a Will. 
 
 This is a codicil, to be added to and taken as part of the last 
 will and testament of me, A. B., which bears date the fourth day 
 of July, 1837, whereby I do revoke the devise in my said will 
 contained, to my son F., of all that farm, situate, &c., and contain- 
 ing one hundred and fifty acres, and do give and devise the same 
 to my daughter C., her heirs and assigns for ever. I give and be- 
 queath to my said son F., in lieu of the said farm the sum of four 
 thousand dollars ; and do hereby ratify and confirm my said will 
 in all other respects. In witness whereof, I have hereunto set 
 my hand and seal, this tenth day of September, 1845. 
 
 Signed, sealed, &e., as above.
 
 328 WILL. 
 
 Clauses to be inserted in a Will. 
 Clause, for giving Debts due from Relations. 
 
 And whereas there are considerable sums of money due and 
 owing to me, upon bonds, bills and otherwise, from my relations 
 hereinbefore named, it is my will and true meaning, and I do 
 hereby direct, that the same bonds, bills, &c., immediately after my 
 death, shall be canceled and destroyed by my said executors. 
 And I do hereby discharge my aforesaid relations, and every of 
 them, their and every of their heirs, executors and administrators, 
 from the payment of every debt and debts due and owing to me 
 or my estate, upon any account whatsoever, without any abate- 
 ment or deduction from or out of their legacies, before by me 
 given or devised to them respectively, in and by this my last will 
 and testament. 
 
 Proviso, in case a Wife should sue for Dower and Thirds. 
 
 Provided further, and my will expressly is, that in case my said 
 wife D. shall not accept of the provisions and legacies hereinbefore 
 by me made and given her as aforesaid, and shall, at any time or 
 times- hereafter, prosecute any action or suit for dower, thirds, or 
 any other part of my estates, real or personal, other than what I 
 have so hereinbefore devised and given her, then and in that case, 
 
 the several annuities of , and amounting together to , and 
 
 each of them, and all other legacies and bequests, hereby by me 
 before given, or intended her, shall cease and be void, to all in- 
 tents and purposes, any thing to the contrary notwithstanding. 
 
 To make void Limitations where persons dispute the Validity 
 
 of a Will. 
 
 Provided always, and I do hereby declare my will to be, that 
 if any person or persons, to whom any estate or interest is given 
 or limited, by this my will, shall, in any court of law or equity, or 
 otherwise, controvert the same, or dispute or call in question the 
 validity thereof, or of any of the estates, limitations, powers, 
 provisos, or dispositions, hereby limited, or given, or made, or 
 herein contained, then, and in such case the estates, interests, limi- 
 tations, &c., so hereby limited, &c., to or in favour of such person 
 or persons, so controverting my said will, shall cease, determine, 
 and be absolutely void, to all intents and purposes whatsoever, 
 as if such person or persons was or were naturally dead : And 
 then, and from thenceforth, such estates, interests, limitations, 
 powers, provisos, and dispositions, shall go, and belong to, and be 
 vested in the person or persons, who, by virtue of this my will, 
 shall be next in remainder, after the person or persons so disputing
 
 WILL. 329 
 
 as aforesaid. Provided he, she, or they shall not controvert or 
 dispute the validity of this my will, or any of the devises, limita- 
 tions, powers, provisos, or dispositions herein contained, or hereby 
 made. 
 
 Clause concerning Disputes. 
 
 My express will and desire is, that if any difference or dispute, 
 question or controversy, shall arise or happen concerning any gift, 
 bequest, or other matter or thing in this my will, the same shall 
 be referred wholly to the award, order and determination of my 
 esteemed neighbours, R. S. and T. V., with power for them to 
 choose an umpire ; but if they or either of them should not be 
 able or willing to act in the premises, then I do direct that my 
 eldest son and eldest daughter shall each appoint an arbitrator or 
 arbitrators, with the same power of choosing an umpire; and what 
 they or a majority of them shall order, direct or determine therein, 
 shall be binding and conclusive, to arid on all and every person 
 and persons therein concerned. 
 
 Clause as to Guardianship of Children. 
 
 And in case I shall leave any child or children living at the time 
 of my decease, my will is, and I do appoint, that my said dear 
 wife shall have the guardianship and tuition of them during their 
 minority so long as she shall continue to be sole ; and, in case of 
 her death or marriage, during the minority of such rny children, 
 then I will arid appoint that my much esteemed and loving friend 
 John Williamson shall have the tuition and guardianship of them 
 during such their minority ; and in case of his refusal, renuncia- 
 tion, or decease, I will that my other executor, James Richards, 
 shall exercise the said guardianship ; and I earnestly entreat their 
 utmost care, respectively, in and about the morals and education 
 of my children, if any such shall happen to be, and to survive rne; 
 and desire that they maybe brought up and instructed in the doc- 
 trines and religion of the church. 
 
 Conclusion and Attestation of a Will written on several sheets. 
 
 I do hereby make, ordain, constitute and appoint A. B. and C. 
 D. executors of this my last will and testament, hereby revoking all 
 former wills, by me at any time heretofore made, and do declare 
 this to be my last will and testament. In witness whereof, I, the 
 said J. S.,have to this my last will and testament, contained in this 
 and the four preceding sheets (or skins of parchment), set my 
 hand and seal, to wit, my hand to the bottom of each of the said 
 four sheets (or skins) and my hand and seal to this last sheet (or 
 skin) and my seal at the top of the said sheets (or skins) where 
 
 2c*
 
 330 WILL. 
 
 all the said sheets (or skins) are fixed together, this day of 
 
 , one thousand eight hundred and forty-four. 
 
 The writing contained in this and the four preceding sheets (or 
 skins) was signed and sealed by the above-named J. S.,and by 
 him published and declared as and for his last will and testa- 
 ment, in the presence of us, who have hereunto subscribed our 
 names in his presence, and in the presence of each other. 
 
 N. S. 
 
 T. B. 
 
 G.H. 
 
 Renunciation of Executors hip. 
 
 Know all men by these presents, that I, D. B., of, &c., widow, 
 executrix named in the last will and testament of A. B., late of the 
 same place, yeoman, have renounced, released and quit claimed, 
 and by these presents do renounce, release and quit claim, all my 
 right and title to the said execute rship, and to the administration 
 of the goods and chattels, rights and credits whatsoever, which 
 were of the said deceased ; and desire that the same may be com- 
 mitted to my son, H. B., or to such person or persons as may be 
 entitled thereto. In witness, &c. 
 
 Release of right to Administration, by Widow. 
 
 To I. A., Esquire, Register for the Probate of Wills and granting 
 Letters of Administration, in and for the county of Berks. 
 
 Whereas my late husband, A. B., died intestate, whereby the 
 right of the administration of the estate of the said deceased did 
 devolve upon me, D. B., widow and relict of the said deceased : 
 Now know ye, that for divers good causes and considerations 
 me thereunto moving, I have released, and hereby do release, all 
 my right and title to the administration of the said estate. Wit- 
 ness my hand and seal the first day of March, Anno Domini, one 
 thousand eight hundred and thirty-seven. 
 
 .M. B. 
 
 Appointment of a Guardian by a Father for his Son. 
 
 Know all men by these presents, that I, Andrew Brown, of the 
 city of Norfolk, and state of Virginia, tanner, have committed and 
 disposed, and by these presents do commit and dispose, unto 
 Paul Davidson, of the said city, the custody, tuition, and educa- 
 tion of rny son Robert Brown, from and immediately after my
 
 WILL. 331 
 
 decease, until my said son shall attain the age of twenty-one 
 years ; and if it shall happen that the said Paul Davidson dies 
 before me, or before my said son attains the age of twenty-one 
 years, then and in such case I do commit and dispose unto Isaac 
 Donaldson, of - , such custody, tuition, and education after my 
 decease, and the decease of the said Paul Davidson, until my said 
 son attains the age of twenty-one years, and desire the said Isaac 
 Donaldson to take upon him the trouble for the good of my said 
 son. 
 
 Till the age of twenty-one years, the empire of the father 
 continues even after his death ; for he may, by deed or will, ap- 
 point a guardian to any of the children unmarried, until such 
 child attain the age of twenty-one, or for any less time. Black. 
 Com. 462. 
 
 Nuncupative Wills. 
 
 The will of A. B., of - , made and declared by him on the 
 day of - , &c., at the house of - , No. in - street, 
 
 in the city of Philadelphia, being then and until and after his de- 
 cease, his habitation or dwelling, where he had resided for the 
 
 space of days, &c., next before the making of his said will 
 
 in the presence of us, who have hereunto subscribed our names, 
 .as witnesses hereto. " My will is," &c., [recite the very words.] 
 These words or the like effect, the said deceased declared in the 
 presence of the witnesses whose names are hereunto subscribed, 
 with an intention that the same should stand for arid be his last 
 will and testament, and he, the said A. B., bid the witnesses or 
 some of them, to bear witness that such was his last will. 
 
 C. D. 
 
 E. F. 
 
 Proviso, that if the estate prove insufficient to pay all legacies, 
 the legatees to sustain loss equally. 
 
 And my further will is that in case the said several legacies or 
 sums of .two hundred dollars each hereinbefore given and made 
 payable to my said three children in manner aforesaid, shall by 
 reason or on account of any debt or debts due and owing, or 
 which may hereafter grow due and owing to my personal estate, 
 or by any other losses, misfortunes or means whatsoever, my said 
 estate shall prove or become insufficient to answer and pay to my 
 said three children, or any of them, their respective full legacies of 
 two hundred dollars each, at the times and the manner herein 
 before directed and appointed for the payment thereof, then and 
 in such case I do hereby order, will, direct and appoint, that all 
 such losses or deficiencies so happening to my said estate, shall 
 be borne and sustained by all and every my said three children, 
 who shall then be entitled to the said legacies of two hundred dol-
 
 332 WRIT OF ERROR. 
 
 lars each, and that in equal proportions, share and share alike, any 
 thing in this my will contained to the contrary thereof in any wise 
 notwithstanding. 
 
 WRIT OF ERROR. 
 
 Precedents to obtain Writ of Error to the Supreme Court of 
 Pennsylvania. 
 
 Precipe. 
 A. B., plaintiff in error and 
 
 Issue writ of error to the Court 
 
 plaintiff below [or defendant 
 
 below, as the case may be] , of Common Pleas of Erie Coun- 
 
 T. , ,. j <1? ' . , j ty, returnable to September and 
 
 C.D., defendant in error and x'. , ^ 1Q * 
 
 , f . , , r , >., October lerm, 1845. 
 
 defendant below [or plaintiff | -r, -p 
 
 below, as the case may bel. I ,,,., f - D1 . ,./*.. 'r, '' 
 
 3 J > Jilt y Jor Plaintiff in Error. 
 
 December 10, 1844. 
 A. L. Pentland, Esq., Proth'y., ) 
 Western Dis. Supreme Court, Pa. 5 
 
 Affidavit. 
 
 Erie County, ss. 
 
 A. B., the above-named plaintiff in error, being duly sworn ac- 
 cording to law, deposeth and saith that the writ of error in this 
 case is not intended for delay. 
 
 Sworn and subscribed the } 
 - day of - , A. D., > 
 1844, before me. ) 
 
 (3 The oath may be made by the agent or attorney, by Act 
 of Assembly of the llth June, 1832. 
 
 Recognizance. 
 
 Erie County, ss. 
 
 A. B., G. H. and J. K., each acknowledges himself to owe and 
 stand indebted to C. D. in the sum of - dollars, to be levied of 
 their goods and chattels, lands and tenements respectively, upon 
 this condition, that the above-named A. B., plaintiff in error, pro- 
 secute his writ of error with effect, or in default thereof will pay 
 the costs and condemnation money, together with the costs of this 
 writ of error. 
 
 Taken and acknowledged the 10th 7 
 day of December, 1844, before me. . 5 
 
 In order to operate as a supersedeas to an execution, it is 
 necessary there should be two sureties in the recognizance.
 
 A GLOSSARY 
 
 TECHNICAL LAW TEEMS. 
 
 Ab initlo.From the beginning. 
 
 Actor. A Plaintiff. 
 
 Adfinem litis. To the conclusion of the suit. 
 
 Ad hominem. " To the person." This is used as meaning an argument touch- 
 ing the prejudice or qualities of the person addressed. 
 
 Ad idem. " To the same." To the like intent. 
 
 Ad infinitum. " To eternity." To the utmost. 
 
 Ad inquirendum. To make inquiry. 
 
 Ad libitum. At pleasure: at will. 
 
 Ad litem. To (or in) the suit or (controversy). 
 
 Ad matrimonium colendum. To contract matrimony. 
 
 Ad medium filum aquas. To the middle line of the water. 
 
 Administrator de son tort. Administrator in his own wrong. 
 
 Adpios usus. For pious purposes. 
 
 Ad sectam. At the suit of. 
 
 Affidare. To plight one's faith, or give, or swear fealty, i. e., fidelity. 
 
 Affrayer. To terrify. 
 
 A fortiori. By so much the stronger; by a more powerful reason. 
 
 Agalma. The impression, or image on a seal. 
 
 A gratia. From (or by) favour. 
 
 Alias ca. sa. Another writ to take (the person) to make satisfaction. 
 
 Alias scire facias. "That you again cause to be informed." A second writ of 
 scire facias. 
 
 Alibi. " In another place." 
 
 Alibi natus. Born in another place. 
 
 A mensa et thoro. " From bed and board." A divorce between husband and 
 wife, which does not make the marriage void, ab initio, or from the beginning. 
 
 Ancient demesne. An ancient inheritance. 
 
 Animalia ferse naturae. Animals of a wild nature. 
 
 Annates. First fruits. 
 
 Apprendre. To learn whence the word " apprentice." 
 
 A prendre. To take to seize. 
 
 A priori. From the former. 
 
 Arbiter. An arbitrator. 
 
 Arrester. To stay : to arrest. 
 
 Assumpsit. He undertook (or promised). 
 
 Assumpsit pro rata. He undertook agreeably to the proportion. 
 
 Autre droit. Another's right. 
 
 A vinculo matrimonii. From the bond of marriage.
 
 334 GLOSSARY. 
 
 B 
 
 Banco. " In bench." As "dies in banco" or days in which the court sits. 
 
 Bancus ruptus. " A broken bank." From which the word " Bankrupt." 
 
 Barat. " A quarrel," a dispute. From which the word " Barratry." 
 
 Baron etfeme. The husband and wife. 
 
 Basileus. A king: a governor. 
 
 Billa vera. A true bill. 
 
 Bona. Goods : personal estate. Lord Coke says this word includes all chat- 
 tels, as well real as personal. Co. Lit. 118, 6. It is, however, generally used to 
 designate movable property. 
 
 Bona fide. In good faith. 
 
 Bonafidei. Of good faith, or credit. 
 
 Bonus. A consideration given for what is received: a premium paid to a 
 grantor or vendor. 
 
 Boles. Wood cut off a farm by the tenant for the purposes of repairing dwell- 
 ing-houses, barns, fencing, &c., which the common law allows him, without any 
 prior agreement made for that purpose. 
 
 Camera stellata. " The star chamber." An odious court once held in England* 
 but many years since abolished. 
 
 Capias. " You may take." A writ authorizing the defendant's arrest. 
 
 Capias ad computandum. That you take (defendant) to make account. 
 
 Capias ad respondendum. That you take (defendant) to make answer. 
 
 Capias ad satisfaciendum. That you take (defendant) to make satisfaction. 
 
 Capias ad valentiam. That you take to the value. 
 
 Capias in withernam. That you take a reprisal. 
 
 Capos pro fine. That you take for a fine. 
 
 Causa causans. The moving cause. 
 
 Causa impotentix. On account of impotence. 
 
 Causa mortis. On account of death : in prospect of death. 
 
 Caveat. That he beware: a warning. 
 
 Cepi corpus. I have taken the body. 
 
 Certiorari. " To be certified of: to be informed of." A writ directing the pro- 
 ceedings, or record of a cause, to be brought before a superior court. 
 
 Cestui que trusts. Persons for whose use another is seised of lands, &c. 
 
 Cestui que use. A person for whose use land, &c., be given or granted. 
 
 Cestui que vies. Persons for whose lives a gift or grant is made. 
 
 Chose in action. A thing in action. 
 
 Clausum fregit. He broke the close, or field. ' 
 
 Cognovit actionem. " He has acknowleged the action." After suit brought, the 
 defendant frequently confesses the action ; judgment is then entered on the record 
 wilhout trial : or the defendant signs an instrument called a cognovit. 
 
 Committitur. He, or she is committed. 
 
 Cumpensatio criminis. A compensation for crime. . 
 
 Compos mentis. " Of sound mind." A man in such a state of mind as to be 
 qualified legally to sign a will, or deed, &c. 
 
 Connubium. Matrimony between citizens. 
 
 Consanguinei. Relations. 
 
 Contra bonos mores. Against good morals. 
 
 Corpora cepi. I have taken the bodies. 
 
 Covert. Married. 
 
 Crim. con. Illicit connection (adultery). 
 
 D 
 
 Damage feasant. Doing damage. 
 
 Data " Things granted." We must proceed on certain " data" that is, on 
 matters previously admitted to be correct. 
 
 Datum. A thing granted: a point fixed upon : a first principle. 
 De bene ease. Conditionally.
 
 GLOSSARY. 335 
 
 Debet et detinet. He owes and detains. 
 
 De bonis non. Of goods not (administered). 
 
 De bonis non administrandis. Of goods unadministered. 
 
 Decemviri. " Ten men." They were appointed to compose the twelve tables 
 of the laws for the Roman people. 
 
 De clauso facto. Of a close made. 
 
 De clauso frado. Of a close broken. 
 
 De carport suo. Of his own body. 
 
 De die in diem. From day to day. 
 
 De facto. Of the deed : in fact. 
 
 Defeasance. A conditional undertaking to annul the effect of a bond, &c. 
 
 De gratia. As a matter of grace or favour. 
 
 Dejure de facto. "From the law: from the fact." Sometimes an offender is 
 guilty the moment the wrong is committed then he may be said to be guilty " de 
 facto." In other cases he is not guilty until he be convicted by law, then he is 
 guilty "dejure." 
 
 Delictum. A fault, offence or crime. 
 
 Denovo. Anew: afresh. 
 
 De prassenti. Of the present time. 
 
 Dernier resort. The last resort. 
 
 Desiderata. Requisites. 
 
 De son don. Of his gift. 
 
 De son tort. " Of his own wrong." This was part of a plea very similar to 
 son assault demesne. 
 
 Detinet. He keeps : he detains. 
 
 Detinuit. He has detained. 
 
 De ultra mart. Of (the matter) beyond sea. 
 
 Devastavit. He wasted. 
 
 Devastavit, nolens volens. He wantonly (or wickedly) committed waste. 
 
 De vasto facto. Of waste committed. 
 
 Dicta. Sayings: remarks: observations. 
 
 Dies amoris. The days of grace: the Essoin days. 
 
 Dies communis in banco. The common (or usual) day in bank. 
 
 Dies in banco. " Days in bank." Days on which the courts sit to hear motions 
 in arrest of judgment; for new trials, &c. 
 
 Domesday or Domesday Book A book, showing the tenures, &c., of most of 
 the lands in England, in the time of William the Conqueror. 
 
 Domitse naturae. Of a tame nature. 
 
 Donatio. A gift: a donation. 
 
 Droit des gens. The law of nations. 
 
 Duces tecum. "That you bring with you." 
 
 [A subpoena so called when the person is commanded to produce books, papers, 
 &c., to the court and jury.] 
 
 Dumfuil non compos mentis. Whilst he (or she) was of unsound mind. 
 
 Eat sine die. Let him go without day (or be discharged). 
 
 E converso. On the other hand: on the contrary. 
 
 Elegit. " He has chosen." A judicial writ directed to the sheriff, empowering 
 him to seize one moiety of the defendant's lands for damages recovered. 
 
 Ensient per A. Pregnant by A. 
 
 En venire sa mere. In the womb. 
 
 Error coram nobis. Error (lying) before us. 
 
 Erudilus in lege. " Learned in the law." A counsel. 
 
 Escrow. A deed or writing left with another, to be delivered on the perform- 
 ance of something specified. 
 
 Essoiner. To excuse. 
 
 Estoppel. " A stop:" a preventive plea. 
 
 Estovers Wood cut from a farm by the tenant, which by the common law he 
 has a right to use on the estate for necessary purposes. 
 
 Et ad hue detinet. And he still detains.
 
 336 GLOSSARY. 
 
 Et non alibi. And in no other place. 
 
 Excerpta. Extracts. 
 
 Ex contractu. By way of agreement. 
 
 Ex curia. Out of court. 
 
 Ex delicto. By (or from) a fault or offence. 
 
 Executor de son tort. "An executor of his own wrong:" one who acts ille- 
 gally in the office. 
 
 Ex facto. From (or by) the deed. 
 
 Exjusta causa. For a good reason (or cause). 
 
 Ex lex. An outlaw. 
 
 Ex offitio. Officially: by virtue of the office. 
 
 Exoneretur nuncpro tune. Let him (or it) be now discharged, instead of at 
 some past time. 
 
 Exparle materna.On the part of the mother. 
 
 Ex parle paterna. On the part of the father. 
 
 Ex parte quaerentis. On the part of the plaintiff. 
 
 Ex post facto. From (or by) an after act. 
 
 Ex relatione. "By, or from, relation." Sometimes the words mean " by the 
 information." 
 
 Ex tempore. Out of hand (without delay, or premeditation). 
 
 Ex visitatione Dei. From the visitation of God. 
 
 Facias. That you do (or cause to be done). 
 
 Fac simile. Do the like : a close imitation. 
 
 Falsare curiam. To deceive the court. 
 
 Felo de se. A suicide : a self-murderer. 
 
 Feme covert. A. married woman. 
 
 Feme sole. An unmarried woman. 
 
 Feme sole sub modo.A single woman, to a certain extent. 
 
 Feoffare.To enfeoff: or grant in fee. 
 
 Ferse naturae. Of a wild nature. 
 
 Feudum.A fee : land held in fee simple. 
 
 Fiat. Let it be done. 
 
 Fief. " A fee." What we call a fee, is in other countries, the contrary to 
 chattels. In Germany, certain districts or territories are called "Fiefs," where 
 there are Fiefs of the Empire. 
 
 Fieri. To be made, or done. 
 
 Fieri Facias. That you cause to be made, or done; or levied. A writ of exe- 
 cution so called. 
 
 Filum aquas. The middle of the water (or stream). 
 
 Flotsam. Goods floating on the sea. 
 
 Forma legalis.A legal form. 
 
 Forum. A. court, or place of justice. 
 
 Franchise. A privilege, or exemption. 
 
 Fran/c-almoign. A free gift. 
 
 G 
 
 Gavelkind. A peculiar tenure of land. 
 Generosus.A gentleman. 
 
 Gleaning. Leasing, or Lesing, from " glainer" i. e., gathering loose corn in the 
 fields after reaping. 
 
 Guardian ad litem. A guardian in the suit. 
 
 Habeas corpora. That you have the bodies. 
 
 Habeas corpus. " That you have the body." The great writ of the people's 
 liberty.
 
 GLOSSARY. 337 
 
 Habeas corpus ad respondendum. That you have the body to answer. 
 
 Habeas corpus ad satisfaciendum. That you have the body to make satisfac- 
 tion. 
 
 Habeas corpus ad testificandum. That you have the body to give evidence. 
 
 Habeas carpus cum causa. That you have the body with fhe cause (why he is 
 arrested). 
 
 Habendum et tenendum. To have and to hold. 
 
 Hiatus. An opening: a chasm. 
 
 Hospitia curise. Inns of court.- 
 
 Hospiiium. An Inn. 
 
 Idem dies. The same day : a like day. 
 
 Idem per idem. Like by like. 
 
 Ignoramus. " We are ignorant." A word written on a bill of indictment when 
 the evidence is insufficient to put the accused on his trial. 
 
 Importance. A time granted by the court for the defendant to plead. 
 
 Imperium in imperio. "One government within another:" which has been 
 wittily expressed " a power behind the throne." Some power acting irrespon- 
 sibly within the government, but not always discernible. 
 
 Impefere. To impeach to sue to attach. 
 
 In abstraclo. In the abstract. 
 
 In arlictilo mortis. At the point of death. 
 
 In autre droit. In right of another. 
 
 In banco Regis. In the King's Bench. 
 
 In capite. In chief. Lands held "in capite" are those held of the chief lord 
 of the fee. 
 
 Incipitur. It is begun. 
 
 In colloquio. In a discourse. 
 
 In deliclo. In an offence: or in default. 
 
 In dominio suo. In his demesne ; or lordship. 
 
 In dorso Oa the back. 
 
 In dubiis. In doubtful cases. 
 
 7/i esse. In being. 
 
 In eventu. In the end, or event. 
 
 In exlenso. At large : to the extent. 
 
 In extremis. In the last moments ; near death. 
 
 Infeudare. To enf'eoff : grant in fee. 
 
 In infinitum. To infinity time without end. 
 
 In loco haeredis. In the place of the heir. 
 
 In loco parentum. In the place of the parents. 
 
 In murtua manu. In mortmain: in a dead hand or possession. 
 
 In omnibus. In all things. 
 
 In pais. In the country. 
 
 In pari delicto. In a like offence (or crime). 
 
 In personam. To or against the person. 
 
 Inpios usus. For pious purposes. 
 
 In plena comitatu.ln full assembly of the county : in full county court. 
 
 In potestate parentis. In the power of the parent. 
 
 \In praRsenti. At the present time. 
 
 In proprio jure. In (his) proper (or peculiar) right. 
 
 In propri a persona. In his own person: in personal attendance. 
 
 In puris naturalibus. In a state of nature. 
 
 In rem. To, or against the property. To the point. 
 
 In rerum natura. In the nature (or order) or things. 
 
 Inscriptum. An indorsement. 
 
 Instar dentium. " Like teeih" similar to the top of an ancient indenture, that 
 word being, as supposed, derived from " instar dentium." 
 
 In stirpes. To the stock or lineage. 
 
 Insultus. An assault. 
 
 In suo jure In his own right. 
 2D
 
 338 GLOSSARY. 
 
 Insurrectio populi. An insurrection of the people. 
 
 Inter mania. Within the walls: within the domicile. 
 
 Inter nos. Between ourselves: that is (inter nosj to keep a secret. 
 
 Interregnum. A space between two reigns. 
 
 Interregnum quart clausum fregit?ln the mean time why did he break the 
 close 1 
 
 In terrorem. By way of terror (or warning). 
 
 Intoto. In the whole: altogether: entirely. 
 
 In transilu." In the passage." Merchandize is said to be " in transitu," while 
 on its way to the consignee. 
 
 In vadio.In pledge. 
 
 In ventre sa mere. In its mother's womb. 
 
 Ipso facto. By the fact itself: positively. 
 
 Ipsojure. By the law itself or by that right. 
 
 Ita lex scripta. So the law is written. 
 
 Jetsam. Goods thrown into the sea. 
 Jura in re. Rights in the matter, or thing. 
 Jura personarum. The rights of persons. 
 Jura rerurn. The rights of 'things. 
 Jure divino. 'By right divine. 
 Jure gentium. By the law of nations. 
 Jure humano. By human law (or right). 
 Jure marili. In right of the husband. 
 Jure naturae. By the law of nature. 
 Jure uxoris. In right of the wife. 
 Jus ad rem. A right to the property. 
 Jus civile. The civil (or municipal law). 
 Jus in re. The right in the property. 
 Jus suum. His own right. 
 
 Laches. Neglect: supineness. 
 
 Lacta. " A defect in the weight of money :" whence probably comes the word 
 " Lack." 
 
 Levari fnciaf. That you cause to be levied. 
 
 Levari facias de bonis. That you cause to be levied of the goods. 
 
 Lex." The Law." This word among the ancient Romans, was often taken 
 in the same general sense as Jus (Right). When we find Lex put absolutely, the 
 law of the Twelve Tables is meant. 
 
 Lexfuri. The law of the court. 
 
 Lex nan scripta. The unwritten, or common law : that which has been re- 
 ceived from time immemorial by tradition. 
 
 Lex scripta. The written or statute law. 
 
 Lex talionis. The law of requital in kind: " Au eye for an eye," &c., as in the 
 Mosaic law. 
 
 Libelli famosi. Libels : infamous writings. 
 
 Libellus sine scriptis. An unwritten libel. 
 
 Liber homo. A free man. 
 
 Loco parentis. In the place of the parent. 
 
 M. 
 
 Magna Charta. The Great Charter: the bulwark of English liberty. 
 Mala fide. In bad faith : with intent to deceive. 
 Mala in ne. Things bad, or wicked, in themselves. 
 Mala prohibit a. Wrongs forbidden (by common law). 
 Malfeasance. Doing wrong : a bad act. 
 Malo animo. With a bad intent. 
 
 '0 

 
 GLOSSARY. 339 
 
 Malum in se. Bad in itself: wrong in its own nature. 
 Malum prohibitum. A prohibited offence. 
 
 Mandamus. " We command." A peremptory writ, issued for many purposes. 
 Manuforti. With a strong hand: by violence. 
 
 Mesne. "Middle: intervening." The middle between two extremes, and that 
 either in time, or dignity. 
 
 Meum et tuum. Mine and thine. 
 
 Misfeasance. A misdeed. 
 
 Modo el forma. In manner and form. 
 
 Moot. Doubtful: a term anciently used in the Inns of Court. 
 
 Mor/ifi causa. The occasion of death. 
 
 Mortmain Manus morlua. A dead hand, or an unchangeable possession. 
 
 Mulier. " A woman." Generally applied to married women. 
 
 Mutatus mutandis. The necessary changes. 
 
 N 
 
 Narratio. Often abbreviated Narr'. A declaration : a count. 
 
 Naufrage. Sh i p w reck. 
 
 Nihil debet. He is not indebted. 
 
 Nihil dicit. He says nothing. 
 
 Nil debet. "He owes nothing." The usual plea in an action of debt. 
 
 Nil debet in assumpsit. He is not indebted in (the action of) assumpsit. . 
 
 Nil dicit. He says nothing. 
 
 Nisi Prius. " Unless before." These words generally designate the proceed- 
 ings before a judge and jury in a suit at law, either at, or after the sittings of a 
 term, or upon the circuit. 
 
 Nolens volens. Willing or unwilling. 
 
 Nolle prosegui. "To be unwilling to proceed." Generally used in criminal 
 cases, when further proceedings are discontinued. 
 
 Non cepit. He did not take. 
 
 Non compos mentis. Not of sound mind : in a delirium of lunacy. 
 
 Non damnificatus. Not damnified : not injured. 
 
 Non debet. He does not owe. 
 
 Non est inventus. " He is not found." The return made by a sheriff when the 
 defendant is not found in his county. 
 
 Nonfeasance. Non-performance. 
 
 Nonpros 1 . He will not prosecute. 
 
 Non prosequitur. He does not proceed: he is nonsuited. 
 
 Non sum informatus. I am not informed : I am ignorant. 
 
 Non tenuit. He did not occupy (or hold). 
 
 Nudum pactum. A bare (or naked) contract: one not binding in law. 
 
 Nul assets ultra. No further effects. 
 
 Nulla bona. No effects. 
 
 Nul tiel corporation. No such corporation. 
 
 Nul tiel record. "No such record." This is part of the plaintiff's rejoinder, 
 that there is no such record; where the defendant alleges matter of record in bar 
 of the plaintiff's action. 
 
 Nul tort. " No wrong." A plea in a real action, that no wrong was done, and 
 is a species of the general issue. 
 
 Nunc pro tune. "Now for that time." These words are frequently used in 
 legal or equitable proceedings, where something is permitted to be done "eo in- 
 stanti" which should have been performed some time before. 
 
 O 
 
 On dit. A loose report. 
 
 Ouster. A dispossession. 
 
 Overt. Open: public. 
 
 Oyer et terminer. To hear and determine.
 
 340 GLOSSARY. 
 
 Parole. Verbally. 
 
 Per annum: per diem. By the year : by the day. 
 
 Per autre vie. For the life of another. 
 
 Per capita. " By the heads or polls :" a division share and share alike. " 
 
 Per duellum. By single combat. 
 
 Per se. By himself, herself, or itself. 
 
 Per stirpes. By stock : by lineage. 
 
 Per totam curiam. By the whole court. 
 
 Per verba defuturo. By words of future acceptation. 
 
 Per verba de prsesenti. By words of the present time. 
 
 Per viam ellemosynae. By way of charity, or alms. 
 
 Pie poudre. The pie powder court. This is a court held at some of the great 
 fairs, in England, where justice is administered instantly, even whilst the dust it 
 fresh upon the feet of the suitors. 
 
 Plagium. Man stealing; or enticing away men and children. 
 
 Plena fides. Full credit. 
 
 Pluries. " Very often." Also the name of a third writ, after two have issued 
 against a defendant. 
 
 Pone. " Put." The name of a writ or process in replevin. 
 
 Posse comitatus. " The power of the county," which the sheriff is authorized 
 to call out, whenever an opposition is made to his writ, or to the execution of 
 justice. 
 
 Post diem. After the day. 
 
 Poslea. " Afterwards." The name given to the endorsement of the verdict 
 made on the record. 
 
 Post-mortem. After the death. 
 
 Post nati. After-born. 
 
 Post obit. After the death. 
 
 Post terminum. After the term. 
 
 Prsecipe. Com mand. 
 
 Praecipe in capite. A writ of right so called. 
 
 Prxtor. A Magistrate : a Consul: a Judge among the ancient Romans. 
 
 Praetor fidei commissarius. The Judge among the ancient Romans, who com- 
 pelled the performance of trusts: and who appears to have had, in this respect, 
 a similar office to our Chancellors. 
 
 Prendre. To take. 
 
 Prima facie. On the first view or appearance of the business. 
 
 Prochein ami. The nearest friend. 
 
 Propriojure. In its proper right. 
 
 Proprio vigore. In full force (or effect). 
 
 Pro rata. According to the rate, proportion or allowance. 
 
 Pro tanto. For so much. 
 
 Pur autre vie. For the life of another. 
 
 Q 
 
 Quantum maximum. Far the greatest. 
 Quantum valebat. As much as it was worth. 
 
 Quare clausum fregit? Wherefore (or why) did he break the close! 
 Quasi ex contractu. In nature of a contract. 
 Quasi ex delicto. As of an offence (or crime). 
 Quid pro quo. A mutual consideration. 
 Quoad hoc. With respect to this. 
 Quo animo? With what intent? 
 Quod detinuit. Which he (or she) detains. 
 
 Quo warranto. " By what authority." The name of a writ against a person 
 who has usurped a franchise, or an office.
 
 GLOSSARY. 341 
 
 R 
 
 Recordare. To remember (to record). 
 
 Rectus in curia. " Untainted in court." With clean hands. 
 
 Reddendum. To pay: to yield: to render: the reservation of rent, &c., in a 
 deed. 
 
 Registrum. A registry: a place for depositing wills, deeds, &c. 
 
 Remitter. To restore (or send back). 
 
 Rep leg! ari facias. That you cause to be replevied. 
 
 Rescous. A rescue.. 
 
 Residuum. "The remainder." Frequently applied to that part of the testa- 
 tor's estate not specially disposed of. 
 
 Res Integra. An entire (new, or untouched) matter. 
 
 Respondentia. Bottomry. 
 
 Respondere non debet. He ought not to answer. 
 
 Responsa prudentum. The opinions of learned men. 
 
 Retorna brevium. The return of writs, 
 
 Reversetur. Let it be reversed. 
 
 S 
 
 Sacrare. To outlaw. 
 
 Sacrilegium. Sacrilege. Also any detestable or odious crime. 
 
 Sans issue. Without children. 
 
 Scandalum magnatum. The scandal against the peerage. 
 
 Scienter. Knowingly : wilfully. 
 
 Scintilla. A tittle : a spark. 
 
 Scire facias. That you make known. This is the name of a writ for many 
 purposes, commanding the defendant to show cause why a certain specific thing 
 should not be done, as why execution should not issue on an old judgment, &c. 
 
 Scire fieri. To be informed. 
 
 Secta. A suit: litigation: also the pledges produced that the plaintiff should 
 prosecute his claim. 
 
 Secundis ventis. With favourable winds. 
 
 Sedper curiam. But by the court. 
 
 Semble.Ii seems. ^ 
 
 Sequestrari facias. That you cause to be sequestered. 
 
 Sine die. "Without day" as the court adjourned "sine die" no day being 
 mentioned for sitting again. 
 
 Sine qua non. An indispensable condition. 
 
 Soccagium. " Socage." This was a tenure by which considerable estates were 
 held under the feudal system. The tenants performed husbandry, &c., for the 
 superior lord of the fee. 
 
 Son assault. His own assault. 
 
 Sparsim. Scattered about: in several places. 
 
 Sponsalia. Marriage contracts. 
 
 Sponsiojudicialis. A judicial agreement. 
 
 Sponsiones ludicrse. Ridiculous answers. 
 
 Stirps. The stock: lineage: race. 
 
 Stricti juris. Of strict right (or law). 
 
 Suaviter in modo fortiler in re. Gentle in the manner, but vigorous in the exe- 
 cution. 
 
 Subfinem. Under a penalty. 
 
 Sub modo. Under a condition : within bounds. 
 
 Subpoena. "Under a penalty." A writ so called to procure the attendance of 
 witnesses. 
 
 Subpoena ad testificandum. A subpoena to give evidence. 
 
 Subpoena duces tecum. " Bring with you under a penalty." The name of a 
 writ, by which a witness is commanded to produce something in his possession, 
 to be given in evidence. 
 
 Sub potestate parentis. Under the authority of the parent. 

 
 342 GLOSSARY. 
 
 Sub polestate mri. Under the control of the husband. 
 
 Subsidiumjustitise. An aid to justice. 
 
 Sub spe reconcilialionis. In the hope of reconciliation. 
 
 Suggestio falsi. A suggestion (or incitement) to falsehood, or wrong. 
 
 Sui generis. " Of its own kind." Not to be classed under any ordinary de- 
 scription. 
 
 Sui juris. Of his own right. 
 
 Supersedeas. " You may remove or set aside." A writ so called to stay pro- 
 ceedings. 
 
 Supra protest. An acceptance of a bill after protest. 
 
 Sur la pie. At the foot. 
 
 Sur rebut. Upon rebutter. 
 
 Sur rejoin. Upon rejoinder. 
 
 Sursum redditio. A surrender: a yielding back. 
 
 Sur trover, et conversion. Upon trover, and conversion. 
 
 Tenendum. " To hold." That clause in a deed wherein the tenure of the 
 land is created, and limited. 
 
 Terminus. The end, limit or boundary: sometimes it means the stock or root, 
 to which, by reference, the future succession is to be regulated. 
 
 Terre tenant. The tenant who occupies the land : he who has the actual pos- 
 session. 
 
 Tertia. The third part: the ancient term for dower. 
 
 Testari. To be witnessed. 
 
 Testatum. It is testified. 
 
 Testatum capias. That you take the person testified (or to have been proceed- 
 ed against elsewhere). 
 
 Testatum fieri facias. That you cause the testified writ to be executed. 
 
 Teslatum pluries. A testified process issued more than twice. 
 
 Teste. The date: the supposed issuing of process. 
 
 Tort. A wrong : an injury. 
 
 Tort-feasor. A wrong doer : a trespasser. 
 
 Tout ensemble. The whole together. 
 
 Tresor trouve. "Treasure trove, or found." Money or property found, of which 
 no person makea claim within a year and a day ; it then belongs to the king, or 
 the lord of the manor. 
 
 Trespass, quart clausum fregit. Trespass, wherefore he broke ihe close. 
 
 Trespass vi el armis, de uxore rapta et abducta. Trespass with force and arms, 
 concerning a wife taken and carried away. 
 
 Triens. A third part : an ancient term for dower. 
 
 Trina admonitio. The third summons. 
 
 U 
 
 Ubi supra. " Where above mentioned." A reference to the preceding sub- 
 ject 
 
 Vltimum supplicium. The last atonement : death. 
 Ultra mare. Beyond sea. 
 Usance. Usury : interest. 
 
 Vacatur. It is set aside: vacated. 
 
 Vendilioni exponas. That you expose to sale. 
 
 Venditor. A seller. 
 
 Venire. To come. 
 
 Venire ad reapondendum. To come to make answer. 
 
 Venire de novo. To come anew. 
 
 Venue. The place from which the jury come. 

 
 GLOSSARY. 343 
 
 Verbatim el literatim. Verbally and literally. 
 
 Vice versa. On the contrary. 
 
 Viet armis. By force and arms : by unlawful means. 
 
 Vinculo matrimonii. In the bond of wedlock. 
 
 Viva voce. Verbally. 
 
 Voire dire. Witnesses are sometimes examined upon "voire dire" previously 
 to their being examined in chief; this is done to ascertain whether they are in- 
 terested in the cause at issue, or labour under any other incapacity which may 
 render them incompetent to give evidence. 
 
 Vouchee. The person vouched in a writ of right, &c. 
 
 Voucher. A word of art when the tenant in a writ of right, calls another into 
 the court, who is bound to him to warranty; and is either to defend the right 
 against the demandant, or yield him other lands to the value.
 
 %* 

 
 APPENDIX. 
 
 PRECEDENTS FOR PROCEEDINGS IN ADMIRALTY COURTS. 
 
 Remarks. 
 
 Admiralty is the name of a jurisdiction which takes cognizance of transactions 
 and proceedings relative to Commerce and Navigation, and to damages or injuries 
 upon the sea. 
 
 The Constitution of the United States has conferred upon the Courts of the 
 National Government, cognizance "of all cases of Admiralty and Maritime 
 jurisdiction." The Act of Congress of September 24th, 1789, has given the Dis- 
 trict Courts of the United States "cognizance of all civil causes of Admiralty and 
 Maritime jurisdiction," including all seizures under laws of imposts, naviga- 
 tion or trade of the United States, where the seizures are made on waters navi- 
 gable from the sea, by vessels often or more tons burthen, within their respective 
 districts, as well as upon the high seas. For further information see Dunlap's 
 Admiralty Practice; Belt's Adm. Practice; Hall's Adm. Pr.; 1 Kent's Com. 353 
 to 380; 2 Gall. R. 398 to 476; 2 Chit. Pr. 508; Bac. Ab. Courts of Adm.; Story's 
 L. U. S., vol. 1st, 56, 60 ; 2 do. 905 ; 3 do. 1564, 1696 ; 4 Sharswood Con. of Story's 
 L. U.S., 2262; 1 U. S., Dig. tit. Admiralty Courts, and other works on that subject. 
 
 Libel for Mariners' Wages, with a Claim and Answer. 
 
 UNITED STATES OF AMERICA, EASTERN DISTRICT OF PENNSYLVANIA, ss. 
 
 Term, 18. 
 
 To the Honourable ARCHIBALD RANDALL, Judge of the District Court of the United 
 States, in and for the Eastern District of Pennsylvania. 
 
 The libel and complaint of A. B., of , late mariner of the ship , 
 
 whereof C. D. now is or late was master, against the said ship, her tackle, apparel 
 and furniture, and against all persons lawfully intervening for their interest therein, 
 in a cause of subtraction of wages, civil and maritime.* And thereupon the 
 said A. B. alleges and articulately propounds as follows : 
 
 wages, civil and maritime," &c. 
 
 ages, civil aim maritime, etc. 
 
 A corresponding variation should take place in the conclusion of the libel.
 
 346 APPENDIX. 
 
 First. That in the month of , in the year of our Lord eighteen hundred 
 
 and , the said ship , whereof the said C. D. was master, being at the 
 
 port of , and destined on a voyage from thence to , he, the said C. 
 
 D., by himself or his agent, on the high seas and within the ebb and flow of the 
 tide, and within the Admiralty and Maritime jurisdiction of the United States and 
 of this honourable court, did ship and hire the libellant to serve as a mariner 
 
 on board the said ship, for and during said voyage, at the rate of wages of 
 
 per month, as schedulate; and that for the due performance of the said voyage, 
 the libellant signed and duly executed certain articles of agreement commonly 
 called the shipping or mariners' articles, which now are in the possession of the 
 said C. D., master [or owner] of the said ship, and which he prays may be pro- 
 duced for farther certainty in the premises and for the benefit of the libellant.* 
 That in pursuance thereof, on or about the day of , he, the libel- 
 lant, went on board and entered into the service of the said ship as such mariner, 
 as aforesaid. 
 
 Second. That the said ship, having taken on board a cargo of divers goods and 
 merchandise for the voyage, proceeded therewith, and with the libellant on board 
 
 for the port of , and there safely arrived on or about , and delivered 
 
 her cargo and made freight, and that the libellant continued on board and in the 
 
 service of the said ship until the day of , when the said voyage, 
 
 for which he had so engaged, was duly ended, and he was discharged from such 
 service by the said C. D., the master. 
 
 Third. That during the whole time he was in the Service of the said ship, to wit, 
 from the time when he went on board thereof, to the time of his discharge there- 
 from, as aforesaid, he well and truly performed his duty as a mariner on board 
 the said ship, according to his best ability, and was obedient to all the lawful 
 commands of the said master and the other officers of the said ship, and well and 
 truly deserved and is entitled to the wages in the schedule hereunto annexed, 
 amounting to the sum of . 
 
 Fourth. That all and singular the premises are true, and within the Admiralty 
 and Maritime jurisdiction of this honourable Court, in verification whereof, if 
 denied, the libellant craves leave to refer to the depositions and other proofs to 
 be by him exhibited in this cause. 
 
 WHEREFORE the libellant prays that process, in due form of law, according to 
 the course of Courts of Admiralty, and of this Honourable Court in causes of 
 Admiralty and Maritime jurisdiction, may issue against the said ship, her tackle, 
 apparel and furniture, wheresoever the same shall be found, and that allpersons having 
 or pretending to have any right, title or interest therein, may be died to appear and 
 to answer upon oathf all and singular the matters so articulately propounded, 
 and that this honourable court would be pleased to pronounce for the wages 
 aforesaid, and for such other relief to the libellant as shall to law and justice 
 appertain, and also to condemn the said ship, her tackle, apparel and furniture, and 
 the party intervening therefor in costs4 
 
 (Signed) A. B., Libellant. 
 
 E. F., Proctor. 
 
 EASTEH.V DISTRICT or PEinrsTtvAHiA, ss. , 18 . 
 
 8worn to by the libellant before me. 
 
 G. H., Clerk. 
 
 * See Act of Congress, cap. 56 [29], 6, by which the master is obliged to produce the contract 
 and log-book, if required. 
 
 t In regard to requiring the answer to be on oath, see Dunlap's Admiralty Practice, p. 122. 
 
 $ If the libel be inpcrsonam, it should conclude as follows : 
 
 " WHBRBPOBB the libellant prays that process, in due form of law, according to the course of 
 courts of admiralty and of this honourable court, in causes of admiralty and maritime jurisdiction, 
 may issue against the said C. D., and that he may be required to answer upon oath all and 
 singular the matters so articulately propounded, and that this honourable court would be pleased 
 to pronounce for the wages aforesaid and for such other relief to the libellant as shall to law and 
 justice appertain, and also to condemn the said C. D. in costs." 
 
 The libel must be sworn to before the Judge or Clerk of the Court, or a II. S. Commissioner. 
 If sworn to before an Alderman or Justice of the Peace, it will not be received. This applies. to 
 all libels in Admiralty.
 
 APPENDIX. 347 
 
 Schedule Annexed. 
 
 Wages due to A. B., from to , being months days, 
 
 at the rate of per month, $ 
 
 Out of which he has received, including hospital dues, $ 
 
 Sum due $ 
 
 Claim and Answer. 
 UXITED STATES OF AMERICA, EASTERN DISTRICT OF PENNSTLTAKIA, ss. 
 
 Term, 18. 
 
 To the Honourable ARCHIBALD RANDALL, Judge of the District Court of the United 
 
 States, in and for the Eastern District of Pennsylvania. 
 And now C. D., of intervening for his interest in the ship , appears before 
 
 this honourable court, and for answer to the libel and complaint of A. B., of 
 
 , against the said ship, and against all persons lawfully intervening for their 
 
 interest therein, alleges and articulately propounds as follows:* 
 
 First. That the respondent now is the owner of the said ship , and also 
 
 was the owner of the same during the time the said A. B. belonged thereto, and 
 that the said A. B. was duly hired to serve on board the said ship for the voyage, 
 as in the first article in the said libel is propounded; the articles of agreement 
 for which voyage, signed by the said A. B., the respondent doth herewith produce 
 in court according to the prayer in the said first article. 
 
 Second. That the said ship , having taken on board a cargo of divers goods 
 
 and merchandise for the voyage, proceeded therewith for the port of , and 
 
 there safely arrived and delivered her cargo and made freight, as in the second 
 article in the said libel is propounded. 
 
 Third. That whilst the said was at the port of , the said A. B., &c., 
 
 [here state the bad conduct of the Hbellant, amounting to mutiny or desertion, or 
 other ground of forfeiture of wages, and such other matter showing that the ship- 
 ping articles were substantially broken, and also any other matters calculated to 
 support and establish the defence.] 
 
 Fourth. That all and singular the premises are true and within the admiralty 
 and maritime jurisdiction of this honourable court, in' verification whereof, if 
 denied, the respondent craves leave to refer to the depositions and other proofs 
 to be by him exhibited in this cause. 
 
 WHEREFORE the respondent prays, that this honourable court would be pleased 
 to pronounce against the libel aforesaid and to condemn the libellant in costs, 
 and otherwise right and justice to administer in the premises. 
 
 (Signed) C. D. 
 
 I. J., Proctor. 
 
 EASTERN DISTRICT OF PENNSYLVANIA, ss. , 18 . 
 
 tSworn to by the respondent before me. 
 
 G. H., Clerk. 
 
 Libel in a Cause of Personal Damage, with an Answer. 
 UNITED STATES OF AMERICA, EASTERN DISTRICT OF PENNSYLVANIA, ss. 
 
 Term, 18. 
 
 To the Honourable ARCHIBALD RANDALL, Judge of the District Court of the United 
 
 Slates, in and fur the Eastern District of Pennsylvania. 
 The libel and complaint of John Smith, of Philadelphia, in the district aforesaid, 
 
 * If the proceeding be inpersonam, the answer should commence thus : 
 
 "And now C. D , of , master [or owner, as the case may be] of the ship , appears 
 
 before this honourable court, and, for answer to the libel and complaint of A.B.,of , against 
 
 him, the said C. D., alleges and articulately propounds as follows: 
 
 " First. That the respondent was the master [or owner] of the said ship during the time 
 
 the said A. B belonged thereto," &c. 
 
 t The answer must be sworn to in same manner as the libel. See note p. 346.
 
 348 APPENDIX. 
 
 late a mariner on board the ship Venice, whereof James Brown, of the said 
 
 Philadelphia, now is or late was master, against the said James Brown, in a 
 
 cause of damage, civil and maritime. And thereupon, the saW John Smith 
 
 alleges and articulately propounds as follows: 
 
 First. That in May, 1844, the ship Venice, whereof the said James Brown 
 was then master, being in the port of Philadelphia, and bound on a voyage to 
 China, the said James Brown did, on the high seas, and within the ebb and flow 
 of the tide and within the admiralty and maritime jurisdiction of this honourable 
 court, by himself or his agent, ship and hire the libellant to serve as seaman on 
 board of the said ship, for and during the said voyage; and the said ship, having 
 
 taken on board her complement of officers and crew, did, on or about the 
 
 day of the said month of May, proceed thereon, with the libellant on board, and, 
 having been to China, returned to the port of Philadelphia aforesaid, with a full 
 ship in the month of April last. 
 
 Second. That during the whole time the libellant continued on board the said 
 ship, he did well and truly perform his duty on board her, and was obedient to 
 all the lawful commands of the said James Brown, the master, and others his 
 superior officers on board the said ship. 
 
 Third. That during the time of the said voyage, and while the ship was lying 
 off Whampoa, in China, (to wit) on the high seas, and within the ebb and flow 
 of the tide and within the admiralty and maritime jurisdiction of this honourable 
 court, on the 4th day of October, 1844, whilst the libellant was in the fore-hold 
 handing up billet-wood, Jacob Johnson, the third officer on board the said ship 
 or" vessel, charged him with not working so well as he could, nor so fast as 
 another seaman of the name of Thomas Robb. That the libellant replied, "that 
 Thomas Rohb worked too fast to last long," or he made use of words to that or 
 the like effect; when the said Jacob Johnson immediately made complaint to Mr. 
 Snowden, the chief officer, that the libellant had been very impertinent to him; 
 whereupon, and for no other cause whatever, Mr. Snowden then ordered him to 
 be taken from his duty and placed below in irons, where he continued until the 
 12th of October. That, upon the said James Brown coming on board the ship 
 (from which he had been absent the whole of the before-mentioned period), he 
 immediately, upon the complaint being made to him by the said Snowden, and 
 without hearing the libellant in his defence, ordered him to the gangway and 
 caused him to be flogged with three dozen lashes; and, although the libellant 
 most humbly and repeatedly urged the said James Brown for some water to allay 
 the thirst and fever that he then suffered from the punishment and previous im- 
 prisonment, he, the said James Brown, absolutely refused to let the steward give 
 him any, nor would he permit the mate to give the libellant an ointment or lotion 
 to apply 10 his back, but ordered him in his fainting and exhausted state to return 
 to his duty. That the libellant, in consequence of the flogging aforesaid, suffered 
 extreme pain and was greatly injured thereby. 
 
 Fourth.. That the libellant, by reason of the said cruelty and violent assault 
 which he suffered by the act of the said James Brown, as before pleaded, has 
 sustained a damage to the amount of two thousand dollars. 
 
 Fifth. That all and singular the premises are true, and within the admiralty 
 and maritime jurisdiction of this honourable court, in verification whereof, if 
 denied, the libellant craves leave to refer to the depositions and other proofs to 
 be by him exhibited in this cause. 
 
 WHEHKFORE he prays that process, in due form of law, according to the course 
 of courts of admiralty and of this honourable court in causes of admiralty and 
 maritime jurisdiction, may issue against the said James Brown, and that he may 
 be required to answer upon oath all and .singular the matters so articulately pro- 
 pounded, and that this honourable court would be pleased to pronounce for the 
 damages aforesaid and for such other relief to the libellant as shall to law and 
 justice appertain, and also to condemn the said James Brown in costs. 
 
 (Signed) JOHN SMITH, Libtllant. 
 
 A. B., Proctor. 
 EASTEHN DISTRICT OF PBSWSTLVABIA, ss. May 8, 1845. 
 
 Sworn to by the libellant before me. 
 
 FRANCIS HOPKIXBON, Clerk.
 
 APPENDIX. 349 
 
 Answer. 
 UNITED STATES or Axinrci, EASTERN DISTRICT OF PENNSYLVANIA, ss. 
 
 Term, 18. 
 
 To the Honourable ARCHIBALD RANDALL, Judge of the District Court of the United 
 
 Slates, in and for the Eastern District of Pennsylvania. 
 
 And now James Brown, of Philadelphia, in the said district, late master of the 
 ship Venice, appears before this honourable court, and for answer to the libel 
 and complaint of John Smith, of the said Philadelphia, late mariner on board 
 the said ship, against him, the said James Brown, alleges and articulately pro- 
 pounds as follows: 
 
 First. That the libellant was duly shipped and hired to serve as a seaman on, 
 board the said ship Venice, for and during a voyage to China and back again; 
 and that the said ship, with the libellant on board, proceeded on the said voyage, 
 and, having been to China, returned to the port of Philadelphia, as is alleged in, 
 the first article of the said libel. 
 
 Second. That the libellant did not, during the whole time he continued on board 
 the Venice, that is to say, from May, 1844, until April, 1845, well and truly per- 
 form his duty on board the ship, nor was he obedient to all the lawful commands 
 of the respondent, the master, and others, the officers on board the said ship, as 
 in the second article of the libel is falsely alleged and pleaded. On the contrary, 
 that the libellant frequently neglected to perform his duty, particularly during his 
 watch; that he was disobedient and refused or neglected to obey the lawful com- 
 mands of the master, and others the officers on board the ship, and treated them 
 with great insolence and contempt, and was frequently reprimanded for such 
 conduct; that on such occasions he made insolent and irritating replies, and said 
 he was only on board "a bloody merchantman," and made use of many other 
 expressions to that or the like effect. 
 
 Third. That on the 4th of October, 1844, the libellant, having heen ordered to 
 assist in the handing some billet-wood from the fore-hold unto the deck of the 
 ship, was idle and inattentive in the performance of such duty, and in receiving 
 the wood from one person and handing it to another, and thereby greatly impeded 
 and delayed the performance of the said duty; that Jacob Johnson, the third 
 officer or mate of the ship, who was superintending the performance of the work, 
 several times remonstrated with him on his conduct and desired him to be more 
 diligent, but the libellant replied with great insolence and said, that he should 
 take it easy, there was plenty of time, that he should not hurry himself, or to 
 that effect; that the man who handed wood to the libellant several times com- 
 plained of his insolence, by which he was frequently kept with a billet in his 
 hand, waiting until the libellant, who had delivered the preceding billet and was 
 standing idle, chose to receive the billet from him; and, the said Jacob Johnson, 
 observing such man standing with a large billet in his hands, and the libellant 
 standing idle, he ordered the libellant to take the billet from such man, to which 
 he insolently replied, that " he would be damned if he would," or words to that 
 effect, and made use of other violent expressions, and treated the said Jacob 
 Johnson with great insolence and contempt, whereupon the said Jacob Johnson 
 made a faithful representation of such conduct to Robert Snowden, the chief 
 officer, the respondent being then on shore at Canton, on the necessary concerns 
 of the ship; that the said Robert Snowden ordered the libellant to be confined in 
 irons, which was accordingly done, and he, by letter, informed the respondent of 
 the aforesaid circumstances, who ordered a court of inquiry to be held, and on 
 the next day the said Robert Snowden, and the second, third and fourth officers 
 of the ship assembled, and in the presence of the libellant examined witnesses 
 as to his conduct, and heard him in his defence; and, it clearly appearing from 
 the testimony of the witnesses that the libellant had refused to obey the orders of 
 the said Jacob Johnson, and had conducted himself in a mutinous manner, they 
 were of opinion that he was deserving of punishment; and therefore he was 
 continued in confinement until the respondent returned to the ship; and having 
 returned on the 12th day of said month, and the conduct of the libellant, and the 
 proceedings of the said court of inquiry, and the evidence given, having been 
 2E
 
 350 APPENDIX. 
 
 represented to him, he directed that the lihellant should receive thirty-six lashes 
 as a punishment, and the same was accordingly inflicted on the same day; that 
 after the libellant had received one or two lashes, he admitted that he had been 
 very insolent to the said Jacob Johnson, and asked to be forgiven; that the 
 libellant did not suffer any fever from his aforesaid confinement; nor did he at 
 the time he was so punished as aforesaid, urge the respondent to let him have 
 some water; nor did the respondentYefuse to let the steward give him any, as in. 
 the third article of the said libel is falsely alleged and pleaded; that the punish- 
 ment of the libellant was necessarily inflicted for the sake of example, and to 
 preserve due discipline on board the ship; that the respondent did not refuse to 
 permit the mate to give the libellant any ointment or lotion for his back; nor was 
 the libellant in a fainting or exhausted state; nor did he suffer extreme pain; 
 nor was he injured in consequence of the punishment he received, as in the said 
 libel is falsely alleged and pleaded. 
 
 Fourth. That all and singular the premises are true, in verification whereof, 
 if denied, the respondent craves leave to refer to the depositions and other proofs 
 to be by him exhibited in this cause. 
 
 WHEREFORE the respondent prays, that this honourable court would be pleased 
 to pronounce against the libel aforesaid, and to condemn the libellant in costs, 
 and otherwise right and justice to administer in the premises. 
 
 (Signed) JAMES BROWN, (the Respondent.} 
 
 C. D., Proctor. 
 EASTERN DISTKICT OF PENNSYLVANIA, ss. May 11, 1845. 
 
 Sworn to by the respondent before me. 
 
 FRANCIS HOPKINSON, Clerk. 
 
 Another Libel in a Cause of Personal Damage. 
 
 UNITED STATES OF AMERICA, EASTERN DISTRICT OF PENNSYLVANIA, ss. 
 
 Term, 18. 
 
 To the Honourable ARCHIBALD RANDALL, Judge of the District Court of the United 
 
 Slates, in and for the Eastern District of Pennsylvania. 
 
 The libel and complaint of John Andrews, of Philadelphia, in the district afore- 
 said, late a mariner on board the ship Langdon Cheves, whereof William 
 Green, of the said Philadelphia, now is or late was master, against the said 
 William Green, in a cause of damage, civil and maritime. And thereupon, 
 the said John Andrews alleges and articulately propounds as follows: 
 First. That the said ship, called the Langdon Cheves, whereof the said Wil- 
 liam Green was master, being, in the month of , in the present year of our 
 
 Lord, at Charleston, in South Carolina, and destined on a voyage from thence 
 to the port of Philadelphia, he, the said William Green, upon the high seas and 
 within the ebb and flow of the tide, and within the admiralty and maritime juris- 
 diction of this honourable court, did hire the libellant to serve as a mariner on 
 board the said ship during her passage to Philadelphia aforesaid; and that the 
 said ship, having taken in a cargo of goods and merchandises for the voyage 
 aforesaid, did, on or about the day of , proceed from Charleston afore- 
 said with the libellant on board, for Philadelphia, where she safely arrived on or 
 
 about the : And that during the whole time of the said voyage, or run, 
 
 the libellant did well and truly perform his duty as a mariner of the said ship 
 (excepting only while he was rendered incapable of performing the same by the 
 cruel usage of him, the said William Green, as hereinafter more particularly 
 pleaded,) and was obedient to all the lawful commands of the said William Green, 
 the master, and the other officers on board the said ship. 
 
 Second. That while the said ship Langdon Cheves was on her passage from 
 
 Charleston to Philadelphia, as aforesaid, to wit, on or about the day of 
 
 , the libellant being busy in setting the square sail of the said ship, the said 
 
 William Green, without any provocation, did, upon the high seas and within the 
 ebb and flow of the tide, and within the admiralty and maritime jurisdiction of 
 this honourable court, with his fist clenched, strike the libellant a blow on the 
 head, which knocked him down, and that then the said William Green did with
 
 APPENDIX. 351 
 
 his feet, with great force and violence, kick the libellant several times, whereby 
 he was dangerously hurt and bruised. 
 
 Third. That while the said ship was on her aforesaid passage, to wit, on or 
 
 about the day of , the libellant being at work on board the said ship, 
 
 and having hold on the cable thereof, the said William Green, without any rea- 
 sonable cause or provocation, did, upon the high seas and within the ebb and 
 flow of the tide, and within the admiralty and maritime jurisdiction of this hon- 
 ourable court, with a large handspike, with great force and violence strike the 
 libellant on his right arm, and thereby bruised his said arm very severely and 
 put him in great pain and suffering. 
 
 Fourth. That while the said ship was off Cape Henry, on the passage afore- 
 said, he, the said William Green, did, upon the high seas and within the ebb and 
 flow of the tide, and within the admiralty and maritime jurisdiction of this hon- 
 ourable court, with his fist clenched, without any just cause or provocation, strike 
 the libellant on his left ear with great force and violence, and thereby knocked 
 him down and caused blood to gush from his ears, nose and mouth; that the 
 libellant was thereby deprived of his senses or power of motion for several 
 minutes, and rendered incapable of performing any kind of service for many 
 hours. 
 
 Fifth. That during the whole time of the aforesaid voyage, the said William 
 Green behaved with great cruelty and inhumanity towards the libellant, and on 
 the high seas and within the ebb and flow of the tide, and within the admiralty 
 and maritime jurisdiction of this honourable court, frequently attempted to throw 
 the libellant overboard, and threatened to cut his throat, and many times, to wit, 
 on days of the month of , did, without any reasonable cause or provoca- 
 tion, violently beat, kick, and ill treat the libellant, whereby he was put in great 
 fear and danger of his life. 
 
 Sixth. That by reason of the cruelty exercised by the said William Green on 
 the person of the libellant, as pleaded and set forth in the second, third, fourth and 
 fifth articles of this libel, the flesh of the libellant became almost totally discoloured, 
 and he had therein many severe and dangerous bruises and contusions, and he 
 became very weak, and his constitution was so much impaired and injured, that 
 he has not yet recovered his former health and strength. 
 
 Seventh. That by the cruelty and repeated ill usage, which the libellant received 
 from the said William Green, as herein before pleaded and set forth, the libel- 
 lant was and is damnified in the sum of two thousand dollars. 
 
 Eighth. That all and singular the premises are true, and within the admiralty 
 and maritime jurisdiction of this honourable court, in verification whereof, if 
 denied, the libellant craves leave to refer to the depositions and other proofs to 
 be by him exhibited in this cause. 
 
 [Conclusion the same as in the preceding libel, p. 348.] 
 
 v 9 
 
 Libel for Collision, with a Claim and Answer. 
 
 UXITED STATES OF AMERICA, EASTERN DISTRICT OF PENNSYLVANIA, ss. 
 
 Term, 18. 
 
 To the Honourable ARCHIBALD RANDALL, Judge of the District Court of the United 
 States, in and for the Eastern District of Pennsylvania. 
 
 The libel and complaint of Richard Jones, Anthony Simms and William Potter, 
 of Philadelphia, in the district aforesaid, merchants .and copartners, doing 
 business under the name of Richard Jones and Company, owners of the ship 
 Lehigh (whereof Augustus Kemper now is or lately was master), her tackle, 
 apparel and furniture, against the ship Sarunak (whereof Andrew Stevenson now 
 is or lately was master), her tackle, apparel and furniture, and against all persons 
 lawfully intervening for their interest therein,* in a cause of collision, civil and 
 
 * The above form is proper if the proceeding be entirely in rem. If it be inpersonam, the 
 form should be as follows : "against A. B., of the said Philadelphia, merchant, otcner of the 
 ship Saranak," &c. If it be in rem and inpersonam, the form should be as follows: "against 
 the ship Saranak, her tackle, apparel and furniture, (.whereof Andrew Stevenson now is or
 
 352 APPENDIX. 
 
 maritime. And thereupon the said Richard Jones, Anthony Simms and Wil- 
 liam Potter allege and articulately propound as follows: 
 
 First. That in the month of December, 1843, the said ship Lehigh, whereof 
 Augustus Kemper now is and then was master, was at the port of Calcutta in 
 the East Indies, and destined on a voyage from thence to the port of Philadelphia, 
 with a lading of East India Goods to the amount of $100,000 in value, or there- 
 abouts; and was at that time a tight, staunch and well-built vessel, of the burthen 
 of four hundred tons or thereabouts; and was then completely rigged and suffi- 
 ciently provided with tackle, apparel and furniture; and ihen had on board and 
 in her service twenty-five mariners or thereabouts, which was a full complement 
 of hands to navigate the said ship on the voyage above mentioned. 
 
 Second. That in the said month of December, 1843, the said ship, provided and 
 manned as aforesaid, sailed from the port of Calcutta on her aforesaid voyage to 
 the port of Philadelphia, and in the prosecution of her said voyage, arrived in the 
 river Delaware, off the city of Philadelphia, on or about the 5th day of May, 1844, 
 and was there safely moored; and that it being about ten o'clock in the evening 
 of the 5th day of May, 1844, within the ebb and flow of the tide and within the 
 admiralty and maritime jurisdiction of this honourable court, at her aforesaid 
 moorings, John Thomas, the first mate of the said ship Lehigh, who then had the 
 watch and was the commanding officer on deck, and that part of the crew, which 
 composed the said watch, observed the said ship Saranak, whereof the said An- 
 drew Stevenson was then master, of the burthen of six hundred tons or there- 
 abouts, with all her sails set, sailing up the said river Delaware towards the said 
 ship Lehigh; and that thereupon the said John Thomas and others of the crew 
 aforesaid several times with loud and audible voices called to the crew of the 
 said ship Saranak, and desired them to keep clear of the said ship Lehigh, and 
 which they had time and tide enough to do, and might with great ease and safety 
 have done, but which they refused, or at least neglected to do; and that notwith- 
 standing the said ship Lehigh was then lying at her aforesaid moorings, and 
 could not possibly get out of the way of the said ship Saranak, and notwithstanding 
 there was room sufficient for the said ship Saranak to pass, the crew thereof kept 
 on their course with the wind and tide, and ran their ship, with very great force 
 and violence, foul of and on board the said ship Lehigh, and thereby broke 
 and parted her small bower cable, carried away the bumkin and jib-boom, and 
 damaged her yawl and her standing and running rigging, and otherwise greatly 
 damaged the said ship; and that, had not the crew immediately and with the 
 greatest expedition possible let go another anchor, the said ship Lehigh must 
 unavoidably have been very soon on shore; and that the said ship Saranak so 
 continued foul of and on board the said ship Lehigh for about two hours and 
 until the ebb tide forced her off. 
 
 Third. That at the time the damage mentioned in the next preceding article 
 happened, it was impossible for the said ship Lehigh to get out of the way of the 
 said ship Saranak by reason that the former was properly moored ; that there 
 was room enough for the said ship Saranak to steer clear of and pass by the said 
 ship Lehigh without doing any damage whatever; and that, if the said Andrew 
 Stevenson and the rest of the crew of the said ship Saranak had not refused, or 
 at least neglected, to endeavour to keep clear of the said ship Lehigh, as desired 
 by the said John Thomas and others, as mentioned in the next preceding article, 
 which it was their duty to do, and which they might with ease and safety have 
 done, the aforesaid damage would not have happened. 
 
 Fourth. That the said ship Lehigh, before and at the time of receiving the 
 damage from the said ship Saranak, as hereinbefore mentioned, was a tight, 
 strong and staunch vessel, and that the Jibellants then were, and now are, the 
 true and lawful owners of the same, and of her tackle, apparel and furniture. 
 
 Fifth. That immediately after the damages mentioned in the second article of 
 this libel happened, several men were employed to bring the said ship Lehigh 
 to her moorings and to take up her sheet anchor and bower anchor and part 
 of a cable which had been broken and turned adrift from the said ship ; and 
 
 lately was matter), and against A. B.,qf the laid Philadelphia, merchant, owner of the said 
 ship, and al<so against all persons lawfully intervening for their interest in the said ship," &c.
 
 APPENDIX. 353 
 
 that the several other damages mentioned in the second article of this libel were 
 repaired by shipwrights and others with all possible despatch, all which cost the 
 sum of three hundred and twenty-five dollars and upwards; arid that by reason 
 of the said ship Lehigh having been run foul of, or run down, as aforesaid, the 
 libellants have sustained damages for the services and repairs aforesaid to the 
 amount of three hundred and twenty-five dollars. 
 
 Sixth. That all and singular the premises are true and within the admiralty 
 and maritime jurisdiction of this honourable court, in verification whereof, if 
 denied, the libellants crave leave to refer to the depositions and other proofs to 
 be by them exhibited in this cause. 
 
 WHEREFORE the libellants pray, that process, in due form of law, according to 
 the course of courts" of admiralty and of this honourable court in causes of admi- 
 ralty and maritime jurisdiction, may issue against the said ship Saranak, her tackle, 
 apparel and furniture, and that all persons having, or pretending to have, any right, 
 title or interest therein may be cited to appear and answer upon oath all and singular 
 the matters so articulately propounded; and that this honourable court would be 
 pleased to pronounce for the damages aforesaid, and to decree such other relief 
 to the libellants, as shall to law and justice appertain, also to condemn the said 
 ship, her tackle, apparel and furniture, and all persons intervening for their interest 
 therein in costs.* 
 
 (Signed) RICHARD JONES, 
 
 ANTHONY SIMMS, 
 WILLIAM POTTEB, 
 
 A. B., Proctor. Libellants. 
 
 EASTERN DISTRICT OF PENNSYLVANIA, ss. 
 
 Sworn to by the said Richard Jones, Anthony Simms and William Potter, 
 before me. FRANCIS HOPKINSON, Clerk. 
 
 Claim and Answer. 
 
 UNITED STATES OF AMERICA, EASTERN DISTRICT OF PENNSYLVANIA, ss. 
 
 Term, 18. 
 
 To the Honourable ARCHIBALD RANDALL, Judge of the District Court of the United 
 
 Slates, in and for the Eastern District of Pennsylvania. 
 
 And nowTnomas C.Graham, of Philadelphia, in the district aforesaid, intervening 
 for his interest in the said ship Saranak, appears before this honourable court, 
 and for answer to the libel and complaint of Richard Jones, Anthony Simms 
 and William Potter, all of the said Philadelphia, merchants and copartners, 
 doing business under the name of Richard Jones & Company, against the said 
 ship Saranak, her tackle, apparel and furniture, and against all persons lawfully 
 intervening for their interest therein, alleges and articulately propounds as fol- 
 lows : 
 
 First. That the respondent is the true and lawful owner of the said ship Sara- 
 nak, a vessel of six hundred tons or thereabouts, now lying in the port of Phila- 
 delphia aforesaid. 
 
 Second. And the respondent, admitting the several matters in the first, fourth 
 and fifth articles of the said libel pleaded to be true as therein alleged, further 
 alleges and propounds, that the matters in the second and third articles of the 
 said libel are in great part falsely alleged, and that the truth is as is hereinafter 
 particularly propounded. 
 
 Third. That the said ship Saranak, being in good order and well and sufficiently 
 equipped and manned, sailed from the port of Liverpool, in England, in the month 
 of April, 1844, bound for the port of Philadelphia aforesaid; and in the prosecu- 
 tion of her voyage, on or about the 5th day of May, 1844, at seven o'clock in the 
 forenoon, came in sight of the Cape May light-house; that shortly thereafter, the 
 said ship was boarded by John Smith, a pilot, accustomed to conduct and manage 
 
 * Thelatter part of this form should be varied according to the nature of the proceeding. See 
 note, p. 346. 
 
 2E*
 
 354 APPENDIX. 
 
 ships in the Delaware bay and river, and to his charge and guidance, as pilot, 
 the said Andrew Stevenson, roaster, immediately committed the navigation and 
 government of the said ship; that the said ship having proceeded up the river 
 Delaware until off the town of Chester, which place was reached by six o'clock 
 in the afternoon of the day aforesaid, the said pilot and master consulted together 
 whether it were better to endeavour to get the said ship up to Philadelphia that 
 night, notwithstanding the darkness, or to cast anchor and keep her safely moored 
 till the next morning; that the said pilot strongly advised the endeavouring to 
 get the said ship up to Philadelphia on the night aforesaid, and urged that it was 
 customary with him and other pilots of the said port of Philadelphia, to conduct 
 ships up the river in the night time, notwithstanding the darkness; that it was 
 accordingly determined to endeavour to get the said ship up to Philadelphia on 
 the night aforesaid ; and that powerful lights were placed in different parts of the 
 said ship, and every other possible precaution taken, in order to facilitate the 
 management of the same, and lo enable other ships in the river to discern the 
 said ship, for a long time before it came near. 
 
 Fourth. That very soon after it became dark on the night aforesaid, the wind, 
 which until then had been quite moderate and favourable to sailing up the river 
 aforesaid, suddenly began to blow in successive gusts, very strong, stormy and 
 contrary, so that the said ship Saranak was compelled by means of repeated 
 tacks to beat up against the wind; and that at the same time the night grew so 
 very dark, that it was impossible to discern, without the assistance of a light, 
 objects even when very near. 
 
 Fifth. That while the said ship was beating up, as aforesaid, against the wind, 
 notwithstanding the precautions against accident which had been taken, as afore- 
 said, and also the excellent and seamanlike management by the said pilot, assisted 
 by the master and crew, the said ship Saranak ran foul of the ship, which the 
 respondent understands to have been the said ship Lehigh, whereof the present 
 libellants then were and now are the true and lawful owners, as is alleged in the 
 fourth article of the libel aforesaid. 
 
 Sixth. That the said ship Lehigh, at the time of the accident aforesaid, was 
 lying moored in the channel of the river aforesaid, and directly in the path of the 
 said ship Saranak, and that there were no lights visible aboard of the said ship 
 Lehigh, which could enable the pilot, or master, or any of the crew of the ship 
 Saranak then on deck, to discern that the said ship Lehigh was so lying in the 
 channel, although they kept a good "look-out" for this purpose; also that neither 
 the pilot, nor the master, nor any of the crew of the said ship Saranak, then on 
 deck, heard the said John Thomas or any of the crew of the said ship Lehigh call 
 to them, as it is alleged they did call in the second article of the libel aforesaid. 
 
 Seventh. That the said pilot and the master and crew of the said ship Saranak 
 used the greatest care and skill in the management of the same on the night 
 aforesaid, and took every possible precaution to prevent the occurrence of any 
 accident. 
 
 Eighth. That the accident aforesaid was occasioned by the great negligence 
 and want of care of the officers and crew of the said ship Lehigh, in the mooring 
 of the said ship in the place where they did, and also in not providing powerful 
 lights on deck, so that the said ship could be discerned at a distance; and that it 
 was not occasioned by any want of care or skill, or by any malice or evil design, 
 on the part of the said pilot or master or any of the crew on board the said ship 
 Saranak, as is falsely alleged in the third article of the libel aforesaid; and that 
 the owner of the said ship Saranak is not, therefore, liable to pay the damages 
 by the libellants sustained. 
 
 Ninth. That all and singular the premises are true, in verification whereof, if 
 denied, the respondent craves leave to refer to the depositions and other proofs 
 to be by him exhibited in this cause. 
 
 WHEKKFORK the respondent prays that this honourable court would be pleased 
 to pronounce against the libel aforesaid, and to condemn the libellant in costs, 
 and otherwise right and justice to administer in the premises. 
 
 (Signed) THOMAS C. GRAHAM, Respondent. 
 
 EiSTERjr DISTRICT OF PENNSTLVAN JA, sa. . 
 
 Sworn to by the respondent, before me, 
 
 FRANCIS HUI-KI.XSU.V, Clerk.
 
 APPENDIX. 355 
 
 Libel by a dissentient Part-owner (having a majority or a moiety of interest") of a 
 Ship, in order to procure Possession / with an Answer. 
 
 UNITED STATES OF AMERICA, EASTERN DISTRICT OF PENNSYLVANIA, ss. 
 
 Term, 18. 
 
 To the Honourable ARCHIBALD RANDALL, Judge of the District Court of the United 
 
 States, in and for the Eastern District of Pennsylvania. 
 
 The libel and complaint of Charles L. Mount, of Philadelphia, in the district afore- 
 said, and owner of three-quarter parts of the barque Jane (whereof William 
 Jones now is or lately was master), against the said barque Jane, her tackle, 
 apparel and furniture, and against John Rogers, of Philadelphia aforesaid, mer- 
 chant, and owner of one-quarter part of the said barque, and also all persons 
 lawfully intervening for their interest in the said barque, in a cause of posses- 
 sion, civil and maritime. And thereupon the said Charles L. Mount alleges 
 and articulately propounds as follows : 
 
 First. That the libellant is the true and lawful owner of three-quarter parts of 
 the said barque Jane, of the burthen of about three hundred tons, and now lying 
 in the port of Philadelphia aforesaid. 
 
 Second. That the libellant is now, and has been for a long time desirous of 
 sending-the said barque on a voyage to Rio Janeiro, in Brazil, and from Rio 
 Janeiro back to Philadelphia ; but that the said John Rogers, owner of the remain- 
 ing quarter part of the said barque, has refused, though repeatedly applied to in 
 this regard, to join in the voyage aforesaid, or to suffer the said barque to sail on 
 the account of the libellant on the voyage aforesaid. 
 
 Third. That all and singular the premises are true, and within the admiralty 
 and maritime jurisdiction of this honourable court; in verification whereof, if 
 denied, the libellant craves leave to refer to the depositions and other proofs to 
 be by him exhibited in this cause. 
 
 WHEREFORE the libellant prays, that process, in due form of law, according to 
 the course of courts of admiralty and of this honourable court, may issue against 
 the said barque Jane, her tackle, apparel and furniture, wheresoever the same 
 shall be found, and that the said John Rogers, owner of the quarter part as afore- 
 said, and all persons having or pretending to have any right, title, or interest 
 therein, may be cited to appear before this honourable court, and to show cause, 
 why the possession of the said barque should not be delivered to the libellant, as 
 having the majority of interest therein ; and that this honourable court would be 
 pleased to decree the possession of the said barque to be delivered to the libellant, 
 and to administer such other relief as shall to law and justice appertain, and also 
 to condemn the said John Rogers and all persons intervening for ther interest in 
 the said barque in costs. (Signed) CHARLES L. MOUNT, 
 
 A. B., Proctor. Libellant. 
 
 EASTERN DISTRICT OF PENNSYLVANIA, ss. . 
 
 Sworn to by the libellant before me. 
 
 FRANCIS HOPKINSON, Clerk. 
 
 Answer. 
 
 USITED STATES OF AMERICA, EASTERN DISTRICT OF PENNSYLVANIA, 'ss. 
 
 Term, 18. 
 
 To the Honourable ARCHIBALD RANDALL, Judge of the District Court of the United 
 Stales, in and for the Eastern District of Pennsylvania. 
 
 And now John Rogers, of Philadelphia, in the district aforesaid, merchant, appears 
 before this honourable court, and for answer to the libel and complaint of 
 Charles L. Mount, of Philadelphia aforesaid, against the barque Jane, and 
 against him the said John Rogers, and also against all persons lawfully inter- 
 vening for their interest in the said barque, alleges and articulately propounds 
 as follows: 
 First. That the libellant is the true and lawful owner of three-quarter parts of 
 
 the said barque Jane, as in the first article of the said libel is alleged.
 
 356 APPENDIX. 
 
 Second. That the respondent was the owner of a quarter part of the said barque 
 from some time in the month of April, 1842, until the 6th day of January, 1844, 
 on which last day, by a deed of indenture, he assigned all his property, real and 
 personal, of whatsoever name or nature and wheresoever situated, to George 
 Rogers and William Jones, in trust for Ihe benefit of his creditors; and that he 
 is not now, nor was he, at the time of filing the said libel, the owner of a quarter 
 part of the said barque; but that the said quarter part has belonged to the trustees 
 aforesaid, and could not be employed without their consent, ever since the date 
 of the said assignment, and long before the time of filing the said libel. 
 
 Third. That the respondent refused to join in the voyage from Philadelphia to 
 Rio Janeiro and from Rio Janeiro back to Philadelphia, as is alleged in the second 
 article of the said libel, for reasons alleged in the next preceding article. 
 
 Fourth. That all and singular the premises are true; in verification whereof, 
 if denied, the respondent craves leave to refer to the depositions and other proofs 
 to be by him exhibited in this cause. 
 
 WHEREFORE the respondent prays that this honourable court would be pleased 
 to pronounce against the 'ibel aforesaid, and to condemn the libellant in costs, 
 and otherwise right and justice to administer in the premises. 
 
 (Signed) JOHN ROGERS, Respondent. 
 
 C. D., Proctor. 
 
 EASTERN DISTRICT OF PENNSYLVANIA, ss. 
 Sworn to by the respondent before me. 
 
 FRANCIS HOPKINSOST, Clerk. 
 
 Libel by dissentient Part-owners (owning less than a moiety} of a Ship, in order to 
 obtain Security,- with a Stipulation thereupon. 
 
 UNITED STATES or AMERICA, EASTERN DISTRICT OF PENNSYLVANIA, ss. 
 
 Term, 18. 
 
 To the Honourable ARCHIBALD RANDALL, Judge of the District Court of the United 
 
 Slates, in and for the Eastern District of Pennsylvania. 
 
 The libel and complaint of Henry Davis and Louis Rankin, of Philadelphia, in 
 the district aforesaid, merchants, and owners of one moiety of the brig Fanny 
 (whereof James Green, of Philadelphia aforesaid, now is or lately was master), 
 against the brig Fanny, her tackle, apparel and furniture, and against the said 
 James Green, and also against Joseph Gray, of Philadelphia aforesaid, mer- 
 chant, and owner of one moiety of the said brig, and against all persons law- 
 fully intervening for their interest in the said hrig, in a cause of possession, 
 civil and maritime. And thereupon the said Henry Davis and Louis Rankin 
 allege and articulately propound as follows: 
 
 First. That the libellants are the true and lawful owners of one moiety of the 
 said brig Fanny, of the burthen of two hundred and fifty tons or thereabouts, 
 which is now lying at the port of Philadelphia, and that the said moiety is worth 
 the sum of three thousand five hundred dollars. 
 
 Second. That the said Joseph Gray, owner of another moiety of the said brig, 
 has caused to be laden on board the said brig a cargo of flour, to be carried 
 therein to Callao, a foreign and distant port in Peru, and is about to cause the 
 said brig to be cleared at the custom-house for the said port; that he has con- 
 stituted the said James Green master of the said brig for the voyage aforesaid, 
 and that the said James Green is now making great haste and preparation for 
 the entering upon and performance of the said voyage and sailing from the port 
 of Philadelphia aforesaid. 
 
 Third. That the said voyage was planned, and the said cargo taken on board the 
 said brig, and the said James Green constituted master of the same for the voyage 
 aforesaid, without consulting the libellants, and contrary to their express desires 
 often communicated to the said Joseph Gray, part-owner, as aforesaid; and that 
 the libellants now object to, and dissent from, the said employment of the said 
 brig on and for the voyage aforesaid. 
 
 Fourth. That all and singular the premises are true, and within the admiralty 
 and maritime jurisdiction of this honourable court; in verification whereof, if
 
 APPENDIX. 357 
 
 denied, the libellants crave leave to refer to the depositions and other proofs to 
 be by them exhibited in this cause. 
 
 WHEREFORE the libellants pray, that process, in due form of law, according to 
 the course of courts of admiralty and of this honourable court in causes of admi- 
 ralty and maritime jurisdiction, may issue against the said brig Fanny, her tackle, 
 apparel and furniture, wheresoever the same shall be found, and that the said 
 James Green, master as aforesaid, and Joseph Gray, owner of one moiety as 
 aforesaid, and all persons having or pretending to have any right, title or interest 
 in the said brig, may be cited to appear before this honourable court, and to show 
 cause, why the said James Green should not be restrained from proceeding to 
 sea with the said brig, until good and sufficient security shall be given in this 
 court, to the amount of the value of the moiety of the libellants therein, for the 
 return of the said brig to the said port of Philadelphia, to which she belongs; 
 and that this honourable court would be pleased to pronounce that such security 
 shall be given or the possession of the said brig be delivered to the libellants, 
 and to administer such other relief as shall to law and justice appertain, and also 
 to condemn the said James Green and Joseph Gray and all persons intervening 
 for their interest in the said brig, in costs.* 
 
 (Signed) HENRY DAVIS, 
 
 Louis RANKIN 
 
 A. B., Proctor. Libellants. 
 EASTERN DISTRICT OF PENNSYLVANIA, ss. . 
 
 Sworn to by the libellants, before me. 
 
 FRANCIS HOPKINSON, Clerk. 
 
 Stipulation by a Part-owner and Master of a Ship, with Sureties, on sending the 
 
 Ship to Sea. 
 
 UNITED STATES OF AMERICA, EASTERN DISTRICT OF PENNSYLVANIA, ss. 
 
 Term, 18. 
 
 On this 10th day of May, 1844, James Green, of Philadelphia, in the district 
 aforesaid, master of the brig Fanny, and Joseph Gray, of Philadelphia aforesaid, 
 merchant, appear in court and produce for sureties Jacob Robertson and William 
 Jenks, both of Philadelphia aforesaid, merchants; and the said James Green and 
 Joseph Gray as principals, and the said Jacob Robertson and William Jenks as 
 sureties, submitting themselves to the jurisdiction of this court, do bind them- 
 selves, their heirs, executors and administrators, in the sum of seven thousand 
 dollars, being double the appraised value of one moiety of the said brig, unto 
 Henry Davis and Louis Rankin, both of Philadelphia aforesaid, merchants, 
 owners of the said moiety of the said brig, for the safe return of the said brig to 
 the port of Philadelphia, being the port to which the same belongs, or to pay to 
 them the amount of the said moiety of the said Henry Davis and Louis Rankin ; 
 and, unless they shall so do, they do hereby severally consent that execution shall 
 issue forth against them, their heirs, executors and administrators, goods and chat- 
 tels, wheresoever the same shall be found, to the value of the sum aforesaid. 
 
 Libel by a Painter, for painting and furnishing a ship, with an Answer. 
 
 UNITED STATES OF AMERICA, EASTERN DISTRICT OF PENNSYLVANIA, ss. 
 
 Term, 18. 
 
 To the Honourable ARCHIBALD RANDALL, Judge of the District Court of the United 
 States, in and fur the Eastern District of Pennsylvania. 
 
 The libel and complaint of Matthew Brown, of the district aforesaid, ship-painter, 
 against the barque W. H. Harrison (whereof Thomas Mason now is or late was 
 master), her tackle, apparel and furniture, and also against all persons lawfully 
 intervening for their interest therein^ in a cause of contract, civil and maritime. 
 
 * If a sale of the ship be desired, a prayer to this effect must be inserted. 
 t The commencement of this form should be varied to suit different cases. See notes, pp. 345, 
 351.
 
 358 APPENDIX. 
 
 And thereupon the said Matthew Brown alleges and articulately propounds 
 
 as follows: 
 
 First. That the said barque W. H. Harrison, in the month of November, 1844, 
 being in the port of Philadelphia, within the ebb and flow of the tide and within 
 the admiralty and maritime jurisdiction of this honourable court, and standing in 
 need of repairs, necessaries and painting, in order to render her seaworthy and 
 competent for her voyage to New Orleans and elsewhere, the libellant did, at the 
 request of the said master, contract and undertake properly to repair, supply and 
 furnish the same by painting said barque, so that she should be competent for 
 such voyages. 
 
 Second. That the libellant, during the said month of November, 1844, the said 
 barque being within the ebb and flow of the tide and within the admiralty and 
 maritime jurisdiction of this honourable court, repaired and painted the said barque, 
 furnishing her with certain materials, to wit, paints, oil, putty, &c., and labouring 
 to paint ihe said barque; the particulars of which supplies and repairs aforesaid 
 will fully appear in the account hereto annexed, amounting in the whole to the 
 sum of forty-five dollars and fifty cents, of which your libellant has received 
 twenty-five dollars, leaving a balance.due and unpaid, of twenty dollars and fifty 
 cents. 
 
 Third. That the above supplies and work were necessary for the said barque, 
 and that the said supplies were furnished and work done, on the credit of the 
 said barque, as well as of the owners'and master thereof. 
 
 Fourth. That all and singular the premises are true, and within the admiralty 
 and maritime jurisdiction of this honourable court; in verification whereof, if 
 denied, the libellant craves leave to refer to the depositions and other proofs to 
 be by him exhibited in this cause. 
 
 WHEREFORE the libellant prays, that process, in due form of law, according to 
 the course of courts of admiralty and of this honourable court in cases of admi- 
 ralty and maritime jurisdiction, may issue against the said barque, her tackle, 
 apparel and furniture, wheresoever the same may be found; and that all persons 
 having or pretending to have any right, title, or interest therein, may be cited to appear 
 and answer all and singular the matters so articulately propounded; and that 
 this honourable court would be pleased to pronounce for the claim or damages 
 aforesaid, and to decree such other relief to the libellant. as shall to law and justice 
 appertain, and also to condemn the said barque. W. H. Harrison, her tackle, apparel 
 and furniture, and all persons intervening therefor, in costs.* 
 
 (Signed) MATTHEW BROWJT, Libellant. 
 
 A. B., Proctor. 
 
 EASTERN DISTRICT OF PEWXSTLVAITIA, ss. 
 
 Sworn to by the libellant before me. 
 
 FRANCIS HOPKINSOK, Clerk. 
 
 Claim and Answer. 
 
 UwiTEn STATES OF AMERICA, EASTERN DISTRICT OF PENNSYLVANIA, ss. 
 
 Term, 18. 
 
 To the Honourable ARCHIBALD RANDALL, Judge of the District Court of the United 
 Slates, in and for the Eastern District of Pennsylvania. 
 
 And now Robert Moore, of the district aforesaid, merchant, intervening for his 
 interest in the barque W. H. Harrison, appears before this honourable court, and 
 for answer to the libel and complaint of Matthew Brown, of the district afore- 
 said, ship-painter, against the said barque W. H. Harrison, her tackle, apparel and 
 furniture, and also against all persons intervening for their interest in the said 
 barque,^ alleges and articulately propounds as follows: 
 First. That it is true that the said Matthew Brown did contract and undertake 
 
 * The conclusion of this form should be varied according to the nature of the proceeding. See 
 note, p. 346. 
 t The commencement of this form should be varied to suit other cases. See note, p. 347.
 
 APPENDIX. 359 
 
 properly to repair, supply and furnish the same by painting the said barque so 
 that she should be competent for her voyage to New Orleans and elsewhere. 
 
 Second. That the libellant, in pursuance of his said contract, did pretend to 
 repair and paint the said barque, and to furnish her with certain materials, to wit, 
 paints, oil, putty, &c., and that he received for his services the sum of twenty- 
 five dollars. But the said libellant totally violated his contract for the repair and 
 painting of the said barque, and did his work so negligently, and in such an 
 unworkmanlike manner, that the respondent was obliged to employ other work- 
 men to do over again the same work which the said libellant undertook to do, 
 for which the respondents were obliged to pay them, and by reason of which the 
 said barque was prevented from sailing on her voyage oa her appointed day, to 
 the great damage and loss of the respondents. 
 
 Third. That all and singular the premises are true ; in verification whereof, 
 if denied, the respondent craves leave to refer to the depositions and other proofs 
 to be by him exhibited in this cause. 
 
 WHEHEFORE the respondent prays that this honourable court would be pleased 
 to pronounce against the libel aforesaid, and to decree a restoration of the said 
 barque to the respondent, and to condemn the libellant in costs, and otherwise right 
 and justice to administer in the premises. 
 
 (Signed) ROBEHT MOORE, Respondent. 
 
 C. D., Proctor. 
 EASTERN DISTRICT or PENNSYLVANIA, ss. 
 
 Sworn to by the respondent before me. 
 
 FRANCIS HOPKINSON, Ckrk. 
 
 Libel in a Cause of Salvage, with a Claim and Answer. 
 
 UNITED STATES OF AMERICA, EASTERN DISTRICT OF PENNSYLVANIA, ss. 
 
 Term, 18. 
 
 To the Honourable ARCHIBALD RANDALL, Judge of the District Court of the United 
 
 States, in and for the Eastern District of Pennsylvania. 
 
 The libel and complaint of Edward Dale, of Philadelphia, in the district aforesaid, 
 master and owner of the sloop Red Rover, and of John Colton,of Wilmington, 
 in the State of Delaware, the master and owner of the sloop Jenny Dean, and 
 of the respective crews of the said sloops, against the ship Odorara (whereof 
 George Walters now is or lately was master}, her tackle, apparel and furniture, and 
 all and singular the goods, wares and merchandises now or late on board the said 
 ship,* in a cause of salvage, civil and maritime. And thereupon the said Ed- 
 ward Dale, John Colton.and the respective crews of the sloops aforesaid, allege 
 and articulately propound as follows : 
 
 First. That on Saturday, the 10th day of December last, the said sloop called 
 the Red Rover, of the burthen of ninety tons, or thereabouts, (whereof the said 
 Edward Dale was master and owner,) sailed from Philadelphia aforesaid, bound 
 to Boston, and that the said sloop was manned with a crew of seven men, exclu- 
 sive of the said Edward Dale, and fully and completely equipped and set forth 
 for the said voyage. And ihat on Sunday, the llth day of the said month of De- 
 cember, the said sloop called the Jenny Dean, of the burthen of one hundred tons, 
 or thereabouts, (whereof the said John Colton was master and owner,) sailed 
 from Wilmington aforesaid, bound to Portland; and that the said sloop last 
 mentioned was likewise manned with a crew of seven men, exclusive of the said 
 John Colton, and fully and completely equipped and set forth for such voyage. 
 
 Second. That between ten and eleven o'clock in the forenoon of the following 
 Wednesday, to wit, the 14th day of December, (it blowing hard and the sea run- 
 ning high,) the said two sloops were in company together, in the prosecution of 
 their aforesaid voyages, when the said Edward Dale and John Colton, and their 
 
 respective mariners descried a ship in distress upon the sands; and that 
 
 both the said sloops made for the said ship in distress, and in about an hour after- 
 
 * The commencement of this form should be varied to suit different cases. See notes, pp. 
 346,351.
 
 360 APPENDIX. 
 
 wards were brought up near to her, in order to render to her every possible assist- 
 ance ; for which purpose the boats of the said two sloops were thereupon hoisted 
 out, and the said Edward Dale, with four of his crew, and the said John Colton, 
 with four of his crew, immediately proceeded therein to, and got on board of, 
 the said ship, and which they found 10 be ihe Octorara, of Philadelphia, in the 
 district aforesaid, of the burthen of four hundred tons, or thereabouts, (whereof 
 George Walters was master,) having on board a crew of about twenty men and 
 two ladies passengers, and laden with a valuable cargo of hemp, iron, and other 
 merchandise, bound from St. Petersburgh to Philadelphia aforesaid, being the 
 very ship proceeded against in this cause. 
 
 Third. That the said ship, the Octorara, was then in a very dangerous situa- 
 tion, and in great hazard of being lost, and that the said George Walters, the 
 master, begged or requested the aforesaid Edward Dale and John Colton, that 
 they, with their sloops and crews, would assist and preserve the said ship and 
 cargo, or to that effect; and that the said ship and cargo were thereupon put 
 under the care of them, the said Edward Dale and John Colton, who, with their 
 men, immediately set about using their best endeavours to preserve the same. 
 
 Fourth. That the said Edward Dale and John Colton, having caused the boats 
 belonging to their respective sloops, and also two boats belonging to the Octorara, 
 to be made fast to the said ship, and having cleared the decks and set the sails 
 of the said ship, in order, if possible, to force her off the said sand, they wailed 
 until about seven o'clock in the evening of the said 14th day of December, when, 
 with the help of the tide, they got the said ship off the said sand, and brought her 
 up to anchor in a fair channel ; but, there being a great deal of sea, the said ship's 
 long-boat was thereby stove. 
 
 Fifth. That the said ship rode at anchor the whole ebb with the wind blowing 
 hard, and varying from WNW. to WSW.; but that, the said ship making much 
 water, the pumps on board thereof were obliged to be kept constantly going, in 
 order to keep her from sinking ; that the people belonging to the said sloops, as well 
 as the crew of the said ship, being all thereby much fatigued, and the wind blow- 
 ing fresh, and the said ship and cargo then still being in great danger of sinking, 
 
 it was thought advisable to endeavour to get the same into the harbour of , 
 
 that being the nearest port of safety; and that accordingly about six o'clock of 
 the following morn ing, being Thursday, the 15th day of December, the said Edward 
 Dale and John Colton hove in the said ship, and with much difficulty and danger, 
 about seven o'clock in the evening of the same day, got her into the harbour 
 aforesaid, and there brought her to an anchor, it being too dangerous to attempt 
 getting her on shore that night, the weather being thick and blowing hard. 
 
 Sixth. That during the night of the 15th day of December aforesaid, it blew a 
 violent gale of wind, which continuing until the morning of Saturday, the 17th day 
 of December aforesaid, the said Edward Dale and John Colton were obliged to 
 keep the pumps constantly going, in order to save the said ship from sinking; 
 but that about eight o'clock in the morning of the said Saturday, the 17th day of 
 December aforesaid, the wind being abated, and the tide answering to put the 
 said ship on shore, they got up her anchor and laid her on shore, the said Edward 
 Dale and John Colton with their men continuing, however, on board the said 
 ship and further assisting until the night of the next day, being Sunday, the 18th 
 day of December aforesaid, when they left her on shore in safety ; having pre- 
 viously, to wit, in the morning of the day last mentioned, returned on board the 
 said ship the goods, which it had been necessary to take out in order to lighten 
 her as aforesaid. 
 
 Seventh. That from the time of the said sloops going to the assistance of the 
 said ship Octorara on the said 14th day of December last, to the time of her being 
 
 laid on shore at the port of in safety on the 17th day of Ihe same month, as 
 
 mentioned in the next preceding article, ihe said sloops were constantly attending 
 the said ship, the leaky condition whereof made it absolutely necessary to keep 
 her pumps constantly going, by reason of the scarf or box of her keel and stem 
 being open an inch (and which the party proponent doth allege could not be 
 stopped, until the ship was laid on shore at the port of ); and that the mas- 
 ters and crews of the said sloops used their utmost endeavours in preserving the 
 said ship and cargo, and the lives of the crew of the same; and that, in attending 
 to the preservation of the said ship and cargo, the masters and crews of the said
 
 APPENDIX. 361 
 
 sloops ran great risk, not only of their own lives, but also of the loss of their 
 respective sloops, for that, in case a storm had arisen before the said ship's arrival 
 
 in the harbour of , neither of the said sloops had sufficient hands left on 
 
 board to manage them (the prime hands belonging to the sloops being all em- 
 ployed on board the Octorara). 
 
 Eighth. That on the night of Thursday, the said 15th day of December last, 
 both the sloops, then lying near the Octorara, and the whole of the crews of the 
 said sloops being employed in pumping on board the Octorara, excepting three 
 hands left on board each of the said sloops, the Red Rover, by the violence of the 
 weather and the insufficiency of the people left on board to her preservation, was 
 virtually driven on shore on beach; but did not thereby receive any essen- 
 tial injury, owing to the providential circumstance of its having happened in 
 harbour, without which the said sloop would in all probability have been lost or 
 destroyed. 
 
 Ninth. That without the assistance hereinbefore pleaded, the said ship Octorara 
 
 could not have been saved, for that she had been on sand, from about eight 
 
 o'clock in the evening of Tuesday, the said 13th day of December last; and that, 
 previous to the sloops' arriving to her assistance, she had been on shore two ebbs 
 and a flood, but that such flood had not lifted or floated the said ship ; and that, if 
 she had continued on the said sand until the night of Thursday, the said 15th day 
 of December, in the violent gale, which drove the Red Rover on shore although 
 in harbour, as before alleged, the total loss of both ship and cargo could not have 
 been prevented. 
 
 Tenth. That whilst the said sloops, the Red Rover and the Jenny Dean, were sail- 
 ing towards the said ship in distress on the sand, in the forenoon of the said 
 
 14th day of December last, as mentioned in the second article of this libel, a boat 
 was observed from the said sloops to be making towards the said ship, which 
 proved to be the Octorara libellate; and that such boat was afterwards found to 
 be one of the boats belonging to the said ship Octorara, which had quitted and 
 left the said ship, with the master, two ladies passengers, and four of the crew, 
 for personal preservation, by endeavouring to make the shore ; but which boat 
 returned to the said ship in consequence of the persons therein perceiving the 
 sloops making to their assistance. And several of the crew of the said ship Octo- 
 rara, who remained on board after the master and others had quitted her as afore- 
 said, declared to the persons belonging to the sloops, that they should all have 
 likewise left the said ship, if the said sloops had not come to their assistance, or 
 to that effect. 
 
 Eleventh. That the said Edward Dale, the master and owner of the sloop called 
 the Red Rover, and the said John Colton, the master and owner of the sloop called 
 the Jenny Dean, and the respective crews of the said sloops, by reason of the 
 risk and hazard they ran, and the service they performed in saving the said ship 
 Octorara and her cargo, deserve, and are justly entitled lo, meet and competent 
 salvage for such service, and to so much as has been, and is actually allotted by 
 this court to persons doing and performing the like service, together with all 
 charges and expenses attending the same. 
 
 Twelfth. That all and singular the premises are true, and within the admiralty 
 and maritime jurisdiction of this honourable court; in verification whereof, if 
 denied, the libellants crave leave to refer to the depositions and other proofs to 
 be by them exhibited in this cause. 
 
 WHEREFORE the libellants pray that process, in due form of law, according to 
 the course of courts of admiralty and of this honourable court in cases of admi- 
 ralty and maritime jurisdiction, may issue against the ship Octorara, her tackle, 
 apparel and furniture, and against the cargo laden therein, wheresover the same shall 
 be found, and that all persons having or pretending lo have any right, title or interest 
 in the said ship and cargo may be cited to appear and answer upon oath all and sin- 
 gular the matters so articulately propounded; and that this honourable court 
 would be pleased to decree such a sum of money, or proportion of the value of 
 the said ship Octorara and her cargo, to be due to the libellants, as a compensation 
 for their said salvage services, as shall seem meet and-reasonable, together with 
 their expenses in this behalf sustained, and to condemn the said ship, her tackle, 
 apparel and furniture, and the cargo laden therein, and all persons intervening for 
 
 2r
 
 362 APPENDIX. 
 
 their interest in the said ship,* in costs, and otherwise right and justice to admi- 
 nister in the premises. (Signed) EDWARD DALE, 
 
 JOHN COLTON, 
 for themselves and the respective crews of the 
 
 sloops the Red Rover and the Jenny Dean. 
 A. B., Proctor. 
 
 EASTERN DISTRICT or PENNSYLVANIA, ss. . 
 
 Sworn to by the said Edward Dale and John Colton before me. 
 
 FRANCIS HOPKINSON, Clerk. 
 
 Claim and Answer by the Owner of the Cargo.^ 
 UNITED STATES OF AMERICA, EASTERN DISTRICT or PENNSYLVANIA, ss. 
 
 Term, 18. 
 
 To the Honourable ARCHIBALD RANDALL, Judge of the District Court of the United 
 
 States, in and for the Eastern District of Pennsylvania. 
 
 And now George Powell, of Philadelphia, in the district aforesaid, merchant, 
 intervening for his interest in the cargo on board the ship Octorara, appears before 
 this honourable court, and claims the said cargo as his property, and for answer 
 to the libel and complaint of Edward Dale, of Philadelphia aforesaid, master and 
 owner of the sloop called the Red Rover, and of John Colton, of Wilmington, in 
 the state of Delaware, master and owner of the sloop called the Jenny Dean, and 
 of the respective crews of the said sloops, against the said ship Octorara, her 
 tackle, apparel and furniture, and against all and singular the goods, wares and 
 merchandises now or late on board the said ship,$ alleges and articulately pro- 
 pounds as follows: 
 
 First. That the respondent is the true and lawful owner of the cargo now on 
 board the said ship Octorara, consisting of 300 tons of iron, 200 tons of hemp, 
 1000 bolts of canvas and 150 bales linen goods, and which he alleges to be the 
 same goods, wares and merchandises proceeded against by the libellants in the 
 present cause. 
 
 Second. That the respondent, admitting all and singular the matters alleged in 
 the libel to be true, as therein alleged, nevertheless further alleges and propounds, 
 that the libellants, all and singular, do not deserve and are not entitled to salvage, 
 because on a day unknown to the respondent, but since the arrival of the said 
 ship Octorara and her cargo in the port of Philadelphia aforesaid, they have tor- 
 tiously converted to their own use and embezzled certain of the goods, wares and 
 merchandise aforesaid, and which were by them salved, to wit, 150 bolts of can- 
 vas and 25 bales of linen goods, which, after the arrival of the said ship at Phila- 
 delphia as aforesaid, they caused to be taken from her secretly and covertly, and 
 without the knowledge of any party in interest, and conveyed to a store or ware- 
 house in Philadelphia aforesaid, there to be sold on their own account. 
 
 Third. That in consideration of the premises, each and all of the libellants 
 have forfeited all claim and title to compensation out of the cargo aforesaid or 
 from the owner thereof for the salvage services alleged in the libel aforesaid, and 
 that accordingly this honourable court ought not to decree such compensation. 
 
 Fourth. That all and singular the premises are true; in verification whereof, 
 if denied, the respondent craves leave to refer to the depositions and other proofs 
 to be- by him exhibited in this cause. 
 
 WHEREFORE the respondent prays, that this honourable court would be pleased 
 to pronounce against the libel aforesaid, and to decree a restitution of the said goods, 
 wares and merchandises, to the respondent, and to condemn the libellants in costs, 
 and otherwise right and justice to administer in the premises. 
 
 (Signed) GEORGE POWELL, Respondent. 
 
 C. D., Proctor. 
 
 EASTERN DISTRICT OF PENNSYLVANIA, ss. . 
 
 Sworn to by the said George Powell before me. 
 
 FIIAXC is HOPKINSON, Clerk. 
 
 * The latter part of this libel should be varied according to the nature of the proceeding. See 
 note, p. 346. 
 
 t A. claim and answer should also be put in by the owner of the ship. 
 $ The commencement of this form should be varied to suit other cases. See note, p. 347.
 
 
 TREGO'S PENNSYLVANIA. 
 
 E. C. & J. BIDDLE, No. 6 South Fifth street, Philadelphia, have published a 
 Geography of Pennsylvania, containing an account of the History, Geographical 
 Features, Soil, Climate, Geology, Botany, Zoology, Population, Education, Go- 
 vernment, Finances, Productions, Trade, Railroads, Canals, &c., of the State; 
 also, a particular description of each County, embracing its Geographical Fea- 
 tures, Geological Character, Mineral Products, Soil, Streams, Towns and Villages, 
 Productions, Canals, Railroads, Turnpikes, Bridges, Assessed Value of Property, 
 State of Education, Colleges, Academies, Religious Denominations, Natural Cu- 
 riosities, and a Historical Sketch of its Early Settlement. To which is appended 
 a Traveller's Guide, or Table of Distances on the principal Railroads, Canal and 
 Stage Routes in the State; and a list of the Congressional, Senatorial and Repre- 
 sentative Districts. By Charles B. Trego, Member of the House of Representa- 
 tives of Pennsylvania, from the city of Philadelphia; late Assistant State Geo- 
 logist; Member of the American Philosophical Society; of the Association of 
 American Geologists and Naturalists, &c. &c. Illustrated by a Coloured Map 
 of the State, and numerous wood Engravings. 
 
 0^7= Price of fine edition, in sheep or roan binding, with routes of Railroads and 
 Canals marked by coloured lines on the Map, 87 cents. Price of school edition, 
 half bound, morocco backs and paper sides, 62 cents. 
 
 From His Excellency, F. R. Shunk, Governor of the Commonwealth, late Secretary of the 
 Commonwealth, and Superintendent of Common Schools in Pennsylvania. 
 
 MR. EDWARD C. BIDDLE, Pittsburgh, December 19, 1843. 
 
 Dear Sir, The Geography of Pennsylvania, by my friend Charles B. Trego, 
 Esq., is an invaluable medium of spreading over the commonwealth apt know- 
 ledge of her immense resources and improvements, of the character of her people, 
 and of her civil, religious, literary and charitable institutions. 
 
 Our citizens and our youth have been too long dependent upon our neighbours 
 for the Geography of our State. Mr. Trego has, most happily, made a Pennsyl- 
 vania Book out of the description of Pennsylvania, and embodied in it that 
 essential knowledge which children should be taught as soon as they are capable 
 of loving the fatherland, and of apprehending its length and its breadth, its value 
 and its resources, and all that varied information which must be acquired to 
 form a correct estimate of the State and her inhabitants, and of her just claim to 
 an elevated rank among her sister States. 
 
 The introduction of this invaluable book into our Common Schools, and other 
 Seminaries of learning, will form an era in our history, from which we may date 
 a more enlarged and generous attachment to our highly-favoured Commonwealth. 
 I am yours, respectfully, FRANCIS R. SHUNK. 
 
 From the Hon. Henry A. Muhlenburg, late Minister from the United States at the Court 
 
 of Vienna. 
 
 E. C. BIDDLE, ESQ.., Reading, Oct. 19, 1843. 
 
 Dear Sir, I have examined Mr. Trego's Geography of Pennsylvania, of which 
 you were so kind as to send me a copy, and am greatly delighted with it. It 
 contains much valuable information carefully condensed and well arranged. Of 
 course it cannot fail to be eminently useful to every class of onr citizens, as well 
 as to foreigners who may desire minute and accurate information as to the insti- 
 tutions, the present situation, character and immense resources of our State; as 
 well as to her future prospects and capacity to extricate herself from apparent 
 difficulties, and again to stand honoured and respected before her sister states 
 and the world. It is a work which has long been wanted. Its appearance at a 
 time when our noble commonwealth expects every man to do his duty in order 
 to sustain her character, cannot but entitle the author and publisher to the 
 warmest gratitude of all who take an interest in her welfare. That it may shortly 
 be found in every school, in every family in the state, in the hands of every 
 foreign traveller, and thus yield to author and publisher, besides the pleasing con- 
 
 t 
 I
 
 ADVERTISEMENT. 
 
 
 viction of having performed a noble duty, a justly merited reward for the care 
 and labour bestowed to make the work worthy of the subject, is the ardent wish 
 of your friend and obedient servant, HENRY A. MUHLENBURG. 
 
 From the Hon. A. V. Parsons, Judge of the Court of Common Pleas, late Secretary of the 
 Commonwealth and Superintendent of Common Schools. 
 
 MR. EDWARD C. DIDDLE, Philadelphia, Sept. 18, 1843. 
 
 Sir, I have examined with attention a Geography of Pennsylvania, by Charles 
 B. Trego, Esq., which you have published. It is, in my opinion, a book which ought 
 to be in every family in Pennsylvania, for its usefulness as a reference, if to 
 answer no other purpose ; and I trust it will be introduced into all the schools 
 throughout the state. 
 
 It is a work that was much needed in the commonwealth; and I think the 
 author has very happily arranged the various subjects which ought to be known 
 to every Pennsylvanian, and to the world, relative to the Geographical Features, 
 Soil, Climate, Geology, Botany, Zoology, Population, Education, Government, 
 Finances, Productions, Railroads and Canals of our State. 
 
 It is a lamentable truth, that too little has been known of the Geography and 
 Resources of this State, which, at no distant period, is destined to hold the first 
 rank in the Union. The large amount of valuable information, well condensed 
 in this work, cannot fail to do great good by diffusing a proper knowledge of 
 much that is interesting and valuable within our boundaries. 
 
 I sincerely hope this excellent Geography will be universally circulated and 
 read. I am, with respect, yours, &c., A. V. PARSONS. 
 
 From Thaddeus Stevens, Esq., late Member of the House of Representatives of Penn- 
 sylvania. 
 
 Lancaster, Oct. 28, 1843. 
 
 Dear Sir, I have carefully examined the Geography of Pennsylvania, by 
 Charles B. Trego, Esq. It is full of accurate information on useful and interest- 
 ing subjects. Mr. Trego is well qualified for the task which he has so ably per- 
 formed, both by scientific knowledge, practical acquaintance with facts, and a 
 sound, discriminating judgment. 
 
 The work cannot fail of being useful to al! classes. It is an admirable school 
 book; and, it is to be hoped, may be introduced into all our common schools ; and 
 that such school districts may embrace every inch of territory within the com- 
 monwealth. With great respect, your obd. servt., 
 
 EDWARD C. BIDDLE, Esd. THADDEUS STEVENS. 
 
 From Judge Richards, of Berks County. 
 EDWAHD C. BIDDLE, ESQ.-, Reading, Oct. 20, 1843. 
 
 Dear Sir, An examination of the Geography of Pennsylvania by Mr. Trego, 
 which I received through your kindness, has given me much pleasure. The 
 great amount of interesting and valuable knowledge brought to view, especially 
 that in relation to the mineral and other great resources of our Slate, cannot but 
 be gratifying to a Pennsylvanian. 
 
 From the method in the arrangement of the various subjects of which it treats, 
 the work is peculiarly adapted to become useful, and ought to be in the hands of 
 every one. It is every way worthy the patronage of a discerning public. 
 
 Accept assurances of respect, M. S. RICHARDS. 
 
 From the Harrisburg Argus. 
 
 We confess, when we cast our eye over the variety of subjects which the 
 author proposed to discuss, we expected, notwithstanding his known ability, to 
 meet with a series of remarks necessarily so general as to afford little either of 
 pleasure or profit to any one. But, on a perusal of the work, we have been most 
 agreeably disappointed, and find the very opposite of what we had anticipated. 
 Every article exhibits traces of the abundant care and extensive research the 
 author must have employed: and contains a mass of information of the most 
 definite and satisfactory description: so much so, that we are at a loss which to 
 admire most, the unbounded acquaintance the author evinces with the various 
 branches of his subject, or his power of expressing his ideas in so conspicuous 
 a manner within such narrow limits.
 


 
 

 
 
 
 
 
 
 
 
 
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