ty of California ern Regional ary Facility * ^v* r * * t * CLERK'S MAGAZINE; CONTAINING ALL THE MOST USEFUL FORMS, WHICH OCCUR IN BUSINESS TRANSACTIONS BETWEEN MAN AND MAN. COMPRISING -MANY VALUABLE FORMS NOT BEFORE GIVEN IN ANY ONE COLLECTION. CALCULATED FOR THE USE OF THE CITIZENS OF THE UNITED STATED, And made conformable to Law. BY A MEMBER OF THE MASSACHUSETTS BAR. SECOND EDITION; REVISED AND ENLARGED BOSTON: LILLY, WAIT, AND COMPANY. 1 833. Entered according to Act of Congress, in the year 1833, By LILLY, WAIT, & Co. In the Clerk's Office of the District Court of Massachusetts. PREFACE. IN a Republic, citizens from every class are liable occasionally to be called to fill responsible stations, which they cannot do with advantage to the public and honour to themselves, unless to a good early school education they add some knowledge on general subjects. If the citizens of the United States of America are distinguished from those of other nations by the establishment of common schools, and the more general diffusion of early education, they are no less distinguished by being men of business, contractors and negotiators. We have no class whose lives are devoted to mere manipulation. While thousands in Europe pass their whole lives without feeling the necessity of becoming parties to a single written instrument, it is far otherwise here. With us few men pass a year without be- coming parties to or interested in written contracts or legal instruments, on the due framing and understanding of which depends in a great measure the happiness of themselves and their families. In many places in the old and long settled states, and still more in the sparse population of new settle- ments, it often happens that men are obliged to make con- tracts and legal instruments, when it is impossible, or ex- tremely difficult for them to avail themselves of professional assistance. It is believed that to such citizens especially, and to the public generally, a small book, of moderate price, containing a good selection of short and simple forms of contracts and legal instruments, would be both acceptable and useful. B VI PREFACE. This labour has not been induced by a belief that there were not enough books of forms before the public. But most of those which we have seen are voluminous, and rather adapted to the wants of the profession, than the public. The professional man is too familiar with common forms to make a reference to books necessary while he writes them. And these common forms are almost the only ones used by the rest of the community. It is obvious then that books of a different description are wanted for the profession, and the citizens generally. There are smaller books of forms. But some of them are local in their application, or chiefly applicable to the statute provisions of particular states. Others are ancient, and contain much that is rarely wanted, and omit much that would be of daily use. In this compilation strict regard has not been had to the titles in existing books, nor to the proportionate length generally assigned to each. Some unusual titles have been introduced, and some common ones wholly omitted. A compendious manual is wanted by the citizen, con- taining the simplest forms that will guide him safely in his transactions of most frequent occurrence. It is believed that many, if not most of the legal forms introduced into this country from England, although much simplified and improved, still contain words, phrases and sentences, which add nothing to the legal strength of the instrument, and only serve to render it obscure, and in some instances almost unintelligible, by useless verbiage. Contracts are found where the words, ' his heirs, executors, administra- tors and assigns,' in their frequent recurrence, constitute nearly one third of the whole language used. If instead of these one or two simple sentences could be introduced, which would leave the strength and design of the instru- ment unimpaired, it would be an obvious improvement. In an old English form of release is found the following ( And 1 do, Sfc, discharge the said Ji. B. his heirs, execu- tors and administrators, of and from all manner of action and actions, cause and causes of action, suits, debts, dues, sum and sums of money, accounts, reckonings, bonds, bills, specialties, covenants, contracts, controver- sies, agreements, promises, variances, damages, judg- ments, extents, executions, claims and demands ichatsoev- er, f the justices of the peace in s"aid county, came the above nqmed A. B. and the above named Y. B., his wife, and severally acknowledged the above in- strument to be their free act and deed. The said Y. B., being of full age, and by me duly examined separate and apart from her said husband, and the contents of said deed being fully made known to her, declared that she did volun- tarily seal, execute and deliver the same without any coer- cion or compulsion of her said husband. C.D. In some of the States, the statutes require that acknowledgments of deeds, especially if made in other States, shall be under the seal of the magistrate taking the acknowledgment. t It is customary in some of the States to add in this place the fol- lowing words. ' and desired that the same,' or ' to the end that the 6a.me may be recorded according to law.' 16 ADMINISTRATOR'S ACCOUNT. [7] A shorter Form, such as is generally used in JVeu> England. State of New Hampshire. Rockingham, ss. Portsmouth, March 1, 1832. Personally appeared the above named A. B. and Y. B., his wife, and severally acknowledged the foregoing instru- ment to be their free act and deed. Before me, C. D., Justice of the Peace for said County. JVcfe. Acknowledgments are generally made before common justices of the peace. But by statute in several of the States, they are required to be made before Judges or other officers, or commissioners specially provided. ADMINISTRATOR'S ACCOUNT. Form in Massachusetts. The First Account of A. B., of Boston, in the county of Suffolk, merchant, administrator of the estate which was of C. D., late of said Boston, merchant, deceased, intestate. 1832, March 1. The said accountant charges him- self with the amount of the personal property of said deceased, which, by the appraisement thereof, appears in the Inventory to be of the value of $5760 Also with the sum for which the same was sold above the appraisement 365 Also with this sum received of E. F. for rent due to the deceased at the time of his decease for his store in Broad Street 473 Also with this sum paid by G. H., being the amount of the book account of the deceased against him 330 Also with this sum, being one quarter's interest on one thousand dollars United States' stock, included in the Inventory 15 $6943 ADMINISTRATOR'S ACCOUNT. 17 And he claims allowance for the following payments and charges : 1832, March 1. This sum paid for a coffin for the deceased $15 This sum paid the undertaker 8 This sum paid for five coaches at the deceased's funeral 10 This sum allowed the widow of the deceased by the Judge of Probate 500 This sum being Dr J. J.'s bill for attendance on the deceased and medical advice and assistance during his last sickness 30 This sum paid K. L., being her bill for attendance on the deceased as nurse during his last sickness 18 This sum paid M. N., the amount of the deceased's note to him 300 This sum allowed the administrator for his services in settling the estate Note. The last blank will be filled by the Judge of Pro- bate^ The compensation is sometimes a rate per cent, vary- ing ffcom - ', to ~). J>ut, perhaps, more generally the allow- ance 18, made by a sum in gross such as the Judge deems a compensation for the services under the circumstances. If the property named in the Inventory, or any part of it, is sold by order of court, the gain of the amount of sales over the inventory price, if there be any, should be charged to the administrator as in the form above. But if, instead of a gain, there should be a loss, the loss should be claimed as an item of allowance. '2' 13 ADMINISTRATOR'S ACCOUNT. "S-gS sififlljiipsiil Ki""iw"i* 11 i III lj>l 831 II 111 III 1 31 'If AFFIDAVITS AGREEMENT. 19 AFFIDAVITS. Commonwealth of Massachusetts. Suffolk, ss. Boston March 1, 1832. Personally appeared the abovenamed A. JB., and made solemn oath, (or solemnly affirmed,) that the foregoing de- claration, (certificate, &c, as the case may be) by him sub- scribed, is true. Before me, C. D., Justice of the Peace for said County. Affidavit to hold to Bail. State of Maine. County pf Cumberland, ss. A. .B.J of Portland, in said county, merchant, makes oath, and says that C. D., of the city, county and State of New Y^ork, is justly and truly indebted to this deponent in the sum of five hundred dollars for money lent, (or goods sold and delivered, work and labour done, &c, as the case may be) by this deponent at said C. D.'s request. (Or if the debt be on note, bill, bond, &c, describe them.) A. B. Sworn to this 1st day of March, 1832, Before me, E. F., Justice of the Peace for said County. Note. Affidavits and oaths, when authorized by law, may be taken in the same manner that oaths and affirma- tions are administered in open court, and they may be taken before any magistrate authorized to administer oaths, unless where the law makes other provision. AGREEMENT. [1] For the Sale of Land. An agreement made this first day of March, in the year of our Lord one thousand eight hundred and thirty-two, by 20 AGREEMENT. and between A. B. of Montpelier, in the county of Wash- ington and State of Vermont, trader, of the one part, and C. D. of Burlington, in the county of Chittenden and State aforesaid, yeoman, of the other part, as follows, to wit : The said A. B., for the consideration herein after named, does covenant and agree to and with the said C. D., that he, the said A. B., will, on or before the first day of April next, by good and lawful deed, in fee simple, with warranty against all incumbrances, grant and convey to the said C. D. a (dwelling house, store, mill, farm, &c; here fully describe the premises) with all the privileges to the same appertain- ing. In consideration whereof, the said C. D. does covenant with the said A. B., that he the said C. D. will, on delivery of the said deed, to be made as aforesaid, pay to the said A. B. the sum of two thousand dollars in lawful money (or, the sum of two thousand dollars, in manner followiag, to wit: one thousand dollars in money, on the delivery of said deed, and one thousand dollars in a negotiable note of hand, payable to said A. B. in two years, with iiitcreij an- nually, secured by a mortgage of said premises, to bmjbadc by said C. D. to said A. B. as collateral security for the payment of said note of one thousand dollars.) And to the true and faithful performance of all the cove- nants herein contained on the part of the said A. B. oi|the said C. D., each of them binds himself, his heirs, executors and administrators, to the other, and his heirs, executors ami administrators. In testimony whereof the said A. B. and C. D. have hereunto set their hands and seals, on the day first herein written. A. B. L. s. C. D. x, s. In presence of [2] For building a House. Articles of agreement made this first day of March, in the year of our Lord one thousand eight hundred and thirty-two, by and between A. B., of the city of Boston, in the Com- monwealth of Massachusetts, trader, of the one part, and C. D., of said Boston, carpenter, of the other part, as fol- lows, to wit : AGREEMENT. 11 The said C. D. for the considerations herein after men- tioned, does covenant, promise, and agree, to and with the said A. B., that he, the said C. D., will, within the space of nine months from the date hereof, in good and workman-like manner, and according to the best of his art and skill, well and substantially erect, build, set up, and finish, one house or messuage, at, &LC, of the dimensions following, viz, &c, and build the same with such stone or brick, timber, and other materials, as the said A. B. shall find and provide for the same, and as the said A. B. shall furnish forthwith. In consideration whereof, the said A. B. does covenant and promise to and with the said C. D. , well and truly to pay, or cause to be paid, unto the said C. D., the sum of one thousand dollars, in the manner following, to wit : Five hundred dollars when the work shall be commenced, two hundred dollars on the first day of August next, and the remaining three hundred dollars when the whole work shall be completely done and finished. And for the fulfilment of all the promises and covenants aforesaid by each of the par- ties, they respectively bind their legal representatives as well as themselves. In testimony whereof the parties have hereunto set their hands and seals the day and year first herein written. A. B. L.S. C. D. L.S. Attest, E. F. [3] For the Sale of an Estate. Memorandum. It is agreed between A. B., of the one part, and C. D., of the other part: That the said A. B. shall, on or before the first day of December next, make and execute a good title unto, and by good and sufficient conveyances in law, convey and assure unto the said C. D. and his heirs, free from all encumbrances whatsoever, ALL that freehold messuage or tenement with the appurtenances, in Second- street in the city of Philadelphia, now or late let for two hundred dollars a year, together with the policies of insurance from fire of the said premises ; and all locks, bolts, bars, cocks, cisterns, and other fixtures* therein, belonging to the * By almost general custom, whatever U strongly affixed to the freehold or inheritance, and cannot be severed from thence without 22 AGREEMENT. said A. B. And that the said C. D. shall receive the rents of the said premises from the twentieth day of September last : And the said A. B. shall pay all arrears of taxes, and the annuity to the poor, up to that time : In considera- tion whereof, the said C. D. doth hereby agree to pay to the said A. B. the sum of five thousand dollars on executing such conveyances as aforesaid : And it is hereby further agreed between the said parties, that the said C. D. shall be at the charge of the deeds for conveying to him the said premises ; and that all attested copies of title-deeds and covenants to produce the same, shall be at the charge of the said A. B. In witness whereof, the said A. B. and C. D. have hereunto set their hands and seals, the day of A. B. L.S. C. D. L.S. Attest, E. F. [4] For Building a House, fyc. Be it remembered, That, on this day of it is agreed between A. B. of , and C. D. of in manner and form following, to wit : The said C. D. for the considerations herein after mentioned, doth covenant, promise, and agree, to and with the said A. B. that he the said C. D. shall and will within the space of nine months next after the date hereof, in good and workman-like man- ner, and according to the best of his art and skill, at , well and substantially erect, build, set up, arid finish, one house or messuage according to the draught or scheme hereunto annexed, of the dimensions and particular descrip- tion following, viz. And to compose the same with such stone or brick, tim- ber, and other materials, as the said A. B. shall find and provide for the same ; in consideration whereof, the said A. B. doth covenant and promise to and with the said C. D. well and truly to pay or cause to be paid, unto the said C. D. the sum of dollars, in manner following to wit : dollars, part thereof at the beginning of the said violence or damage, is become a member of the inheritance, and shall thereupon paas to the heir ; as chimney-pieces, pumps, old fixed or dornnut tables, benches, and the like. 2 Bl. 432. AGREEMENT. 23 work, dollars more, another part thereof, when the said house shall have been completely roofed, and the re- maining dollars in full for the said work, when the same shall be completely finished : And also that he the said A. B. shall and will, at his own proper expense, find and provide all the stone, bricks, timber, shingles, nails, hardware, and other materials, necessary for making and building the said house. And to the performance of all and every the articles and agreements above mentioned, the said A. B. and C. D. do hereby bind themselves, and their re- spective executors, administrators and assigns. In testimony whereof, the parties have hereunto set their hands and seals the day first above named. A. B. L.S. C. D. L.S. In presence of E. F. [5] For Sale of an Estate. Articles of Agreement, made, and agreed upon, the first day of March, in the year of our Lord one thousand eight hundred and thirty-two, between A. B., of, &.c, yeoman, of the one part, and C. D., of, &c, merchant, of the other part, as follows, to wit : The said A. B for the consideration herein after men- tioned, does covenant, promise, grant, and agree, to and with the said C. D. his heirs and assigns, by these pre- sents, that he the said A. B. will, on or before the first day of May next ensuing the date hereof, at the costs and charges of the said C. D. by such deed or deeds of conveyance, as he or his counsel learned in the law, shall advise, well and sufficiently grant, convey, and assure, unto the said C. D. in fee simple, clear of all encumbrances, all that, &c. In consideration whereof, the said C. D. does covenant, promise, and agree, to and with the said A. B. by these presents, that he the said C. D. shall and will well and truly pay, or cause to be paid, unto the said A. B., the sum of fifteen hundred dollars, in manner following, to wit ; five hundred dollars, part thereof, on the delivery of the deed for the premises ; dollars more thereof, on the first day of May, which will be in the year of our Lord one thousand eight hundred and thirty-three, &c. 24 AGREEMENT. And to the true performance of all and every the cove- nants and agreements aforesaid, each of the said parties binds himself, his heirs, executors, and administrators, unto the other, his executors, administrators, and assigns, firmly by these presents. In witness whereof, the said parties to these presents have hereunto set their hands and seals. Dated the day and year first before written. A. B. L.S. C. D. L.S. Attest, E. F. [6] Another. Articles of Agreement, made and concluded this first day of March, in the year of our Lord one thousand eight hundred and thirty-two, between A. B. of , of the one part, and C. D. of , of the other part. First, the said A. B. in consideration of the sum of two thousand dollars to him in hand paid by the said C. D. at or before the sealing and delivery of these presents, and of the further sum of two thousand dollars, to be paid as hereinafter is mentioned, does hereby covenant, promise, and agree, to and with the said C. D. by these presents, that he the said A. B. (and all and every other person and persons whom- soever, claiming or to claim any right, title, or interest under him or any other person or persons whomsoever, of, in, or to the and premises hereafter mentioned) shall and will at the costs and charges of the said C. D. (except fees to counsel) on or before the first day of November next ensuing, by such conveyances, and assurances, in law as he the said C. D. or his counsel shall reasonably advise, or require, well and sufficiently grant, sell, convey, and assure, to the said C. D. or to whom he shall appoint and direct, all that estate, &.c, situated, &c, now in the tenure or occupation of C. D. with covenants to be therein contained, that the said premises at the time of such conveyance, are free from all encumbrances* and demands whatsoever, [except, &c, and * With the exception of a vendor, or his agent, suppressing an en- cumbrance, or a defect in the title, it seems clear that a purchaser AGREEMENT. 25 all other usual and reasonable covenants.] In consideration whereof, the .said C. D. doth hereby covenant, promise, and agree, to and with the said A. B. by these presents, that he the said C. D. shall and will well and truly pay, or cause to be paid, unto the said A. B. the aforesaid sura of two thousand dollars, at the time of executing the said conveyances. And for the true performance of all and every the cove- nants and agreements aforesaid, each of the said parties to these presents does hereby bind himself, his heirs, executors, administrators and assigns. In witness whereof, the said parties to these presents have hereunto set their hands and seals, on the day first above written. Sealed and delivered, &c. difficulties arise in making out a good title, the purchaser should not take possession of the estate until every apparent obstacle is removed. Purchasers frequently take possession under an impression that it gives them an advantage over the vendor ; but this is a false notion ; such a measure might be deemed an acceptance of the title. If, however, the objections to the title be remediable, and the purchaser be desirous to enter on the estate, he may venture to do so, provided the vendor will sign a memoran- dum, importing that the possession taken by the purchaser, shall not be deemed a waiver of the objections to the title. And a purchaser may safely take possession of the estate, where the title is not apparently defective at the time the contract is entered into, as he cannot be held to have waved objections, of which he was not aware ; and if the purchase cannot be completed on account of defects in the title, he will not be bound to pay any rent for the estate, unless the occupation of it has been beneficial to him. cannot obtain relief, against a vendor for any incumbrance, or defect in the title, to which his covenants do not extend ; and therefore, if a purchaser neglect to have the title investigated, or his counsel overlook any defect in it, he appears to be without a remedy. A purchaser will be entitled to relief, on account of any latent defects in the estate, or the title to the estate, which were not disclosed to him, and of which the vendor, or his agent was aware. Sugden, 1. AGREEMENT. [7] Agreement to be signed by an Auctioneer after a Sale at Auction. I hereby acknowledge that A. B., of, &.c, was this day the highest bidder for, and he is hereby declared to be the purchaser at auction of the following described real estate situated in and described and bounded as follows [describe the estate] which was bid off by the said A. B. for the sum of and that he has paid into my hands the sum of as a deposit, and in part of the purchase money. * And 1 hereby agree that the vendor shall in all respects comply with and fulfil the conditions of sale. Witness my hand at " this first day of March, A. D. 1832. C. D. Auctioneer. [8] Agreement to be signed by a Purchaser after a Sale at Auction. I hereby agree that I have this day purchased at auction all that estate situated in and described and bound- ed as follows [describe the estate] for the sum of and I have paid into the hands of C. D. the auctioneer the sum of as a deposit and as a part payment of the purchase money for said estate, and I hereby promise to pay the residue of the purchase money according to the condi- tions of the sale. And in all respects to fulfil and comply with said conditions, which are [state the substance of the conditions] Witness my hand at this first day of March, A. D. 1832. A. B. [9] Agreement for the Sale of Goods, fyc, on Appraise- ment. Articles of agreement made this first day of March, A. D. 1832, between A. B. of, 8tc, and C. D. of, &c. It is hereby agreed between the said parties, that all the * These words may be varied, as the parties may agree. It might be wise to say as per conditions of sale annexed, and annex them. AGREEMENT. 27 articles of household furniture, goods, and utensils, the pro- perty of the said A. B.* being in the dwelling-house occu- pied by the said A. B. in shall be appraised by E. F., G. H., and I. J., of, &c, on or before the day of , and if the said E. F., G. H., and I. J., or a majority of them, will, on or before the day last aforesaid, make in writing and deliver their appraisement of the value of said household furniture, goods and utensils, to the parties hereto, then it is further covenanted and agreed by the said A. B., and the said C. D., that the said A. B. immediately after the making and delivering of the said appraisement, as aforesaid, will make, execute and deliver an absolute bill of sale of the said furniture, goods and utensils, and deliver possession thereof to the said C. D. at the prices at which the same shall be so appraised. And the said C. D. does hereby covenant with the said A. B. that he the said C. D. will accept the said furniture, goods and utensils, at the ap- praisement thereof so made as aforesaid, at the time the same shall be appraised and delivered as aforesaid ; and that he will then and there pay to the said A. B. therefor, at the appraised value thereof so to be made as aforesaid. And for the faithful performance of all the promises herein contained on behalf of the said A. B. and C. D. respectively, they the said A. B. and C. D. respectively bind their respective legal representatives, as well as themselves. In witness whereof the parties have hereunto set their hands and seals the day and year first above written. A. B. L.S. C. D. L.S. In presence of [10] For the making of Bricks. Articles of agreement, made, &c, between A. B. of, &c, of the one part, and C. D. of, &c, of the other part, viz. The said A. B., for the considerations hereunder mention- ed, does hereby covenant, contract, and agree, to and with the eaid C. D. as follows, viz : * If it is convenient for the parties to annex a schedule of the articles to be appraised it will he well to add at this place the following words, ' Jl Schedule whereof is hereto annexed.' 1 28 AGREEMENT. That he, the said A. B. shall and will within the space of six months, to be accounted from the date hereof, at his own costs and charges and with good and sufficient materials, make or cause to be made in the township of Blockley, for the said C. D. thousand of good, hard, well-burnt, and lawful bricks, to be all of them full four inches broad, full eight inches three-fourths long, and full two inches and a half thick, when burnt, and at his like charge, deliver, by such parcels and quantities from time to time, at the house of the said C. D. in Philadelphia, as the same shall be de- manded, or occasion shall require, for carrying on his build- ings there. In consideration whereof, the said C. D. does covenant, promise, and agree, to and with the said A. B. that he the said C. D. shall and will provide clay -ground and place wherein to dig the clay for, and to make the said bricks upon, and also truly pay, or cause to be paid unto the said A. B. three dollars for every thousand of the said bricks to be made and delivered as aforesaid, viz. one hun- dred dollars, part thereof, after the said A. B. has dug four weeks in the ground towards making the said bricks, and upon the said A. B. giving his security by bond with sure- ties for the same, till the value thereof shall be delivered of the said bricks, to or for the said C. D. as aforesaid, and after the value of the said one hundred dollars shall be so delivered in as aforesaid, then that he shall and will pay all the remainder of the said money to become due as aforesaid, as the residue of the said quantity of bricks shall be deliv- ered, from time to time ; and if, after the said quantities shall be so delivered, E. F. bricklayer, and G. H. carpen- ter, the workmen of the said C. D. shall judge and declare the said bricks to be truly worth three dollars per thousand, above the sum before agreed and mentioned ; then he the said C. D. shall and will further pay the said A. B. the said three dollars per thousand for every thousand of the said bricks above the said three dollars per thousand to be paid as aforesaid, when all the said quantity shall be made and delivered according to the meaning of these pres- ents. And to the faithful performance of all their promises herein contained, the said A. B. and C. D. respectively bind their respective legal representatives as well as them- selves. In testimony whereof, 8tc. AGREEMENT. 29 [11] Behcefn a Master and Overseer, about ike manage- ment of a Farm. Articles of Agreement, made this day of be- tween A. B. of, &c, of the one part, and C. D. of, &c, of the other part, as follows, viz : Whereas the said A. B. hath agreed with and hired the said C. D. to be his overseer for the well ordering, improv- ing, and managing, for the best and most profit and advan- tage of the said A. B. in good husband-like manner as herein after mentioned, all that farm, messuage, or tene- ment, barns, stables, out-houses, lands, meadows, and pas- ture-ground, with the appurtenances thereunto belonging, now in the tenure or occupation of the said A. B. situated in Blockley, and commonly called or known by the name of Painter's Grange, for the term of one year from the first day of April next coming, after the date hereof, and so from year to year afterwards for and during the term of three years more, if he the said A. B. shall think fit to retain the said C. D. in his said service, and not otherwise, at and for the yearly salary or wages of three hundred dollars, payable quarterly as herein after mentioned : Now it is thereupon covenanted, agreed, and concluded, by and be- tween the said parties to these presents, for themselves, and their respective executors, administrators, and assigns, in manner and form following, that is to say : the said C. D. shall and will, with the assistance herein after cove- nanted to be afforded to him by the said A. B. in a good husband-like manner, and at seasonable times in the year, from time to time during so long as he shall continue in the said service of the said A. B. well and sufficiently plough and keep in tillage the number of one hundred acres, little more or less, parcel of the farm aforesaid, every year, yearly, and shall and will leave acres thereof, to be laid fal- low every other year, and plough the same acres three times before it be sowed again ; and shall sow or plant the remaining acres at seasonable times in the year with such corn and seed as the said A. B. shall from time to time direct and appoint ; and the same so sown or planted shall in good husband-like manner harrow or plough : And that he the said C. D. with the workmen to be furnished him by the said A. B. shall, from time to time, during the 3* 30 AGREEMENT. erm of four years, or so long thereof as he shall remain in he said service of the said A. B., at seasonable times in the year, in a good husband-like manner gather, husk, and crib, all the corn, and reap, cut down, and shock, all the grain that shall stand, grow, or be in or upon the said farm, or any part thereof, and do all other things that shall be con- venient for making the same fit to be housed, and then shall fetch in and lay up the same in the barn belonging to the farm : And also, well and sufficiently repair, maintain, and amend, the fences and enclosures of or belonging to the said farm and premises, in, by, and with, all needful and neces- sary repairs and amendments during the said term : And shall and will manure all the meadows of the said farm from the first day of April to the twenty-first day of June, in every year that he shall continue in the service of the said A. B. And shall and will also, at seasonable times in the year, yearly, during the said term, in good and husband-like manner, mow all the said meadows, and in like manner make up all the hay, and carry it from the said meadow to the yard belonging to the said farm, and there lay it up in a stack or stacks : And shall and will lay all the dung, soil, and compost, that shall be made in or about the yards and out-houses belonging to the said farm, and such other dung and soil as Ihe said A. B. shall buy or provide for that pur- pose, to and upon such part of the lands and grounds of the said farm as the said A. B. shall from time to time direct and appoint ; and at seasonable times in the year shall there spread the same : In consideration of all which premises, he the said A. B. doth covenant, and agree, to and with the said C. D. by these presents, in manner and form fol- lowing, that is to say ; that he the said A . B. shall and will well and truly pay, or cause to be paid, unto the said C. D., the said yearly wages or salary of three hundred dollars, during so long of the aforesaid term of four years, as he the said C. D. shall continue in the said service and employment of the said A. B. on the four quarterly days, that is to say, on the first days of April, July, October, and January, in equal portions, and shall during the same time allow him the said C. D. to occupy with his family, the following premises, viz. ; and shall moreover furnish him with workmen of the following descriptions, viz. , to be under his control and direction for the purposes herein before particu- larly mentioned. AGREEMENT. 31 In witness whereof the parties have hereunto set their hands and seals the day and year first herein written. A. B. L. s. C. D. L. s. In presence of E. F. [12] Between a House-keeper and his Lodger. It is agreed, by and between A. B. of and C. D. of , as follows, viz : The said A. B., in consideration of the rent herein after mentioned and agreed to be paid to him, hath let to the said C. D. two rooms, up one flight of stairs, part of the now dwelling-house of the said A. B. 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 dol- lars, to be paid quarterly, to wit, on the first days of July, October, January, and April. The said C. D. in consideration hereof, agrees to pay to the said A. B. 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 at any earlier period, that he shall and will, on request of the said A. B. immediately yield and deliver up to him 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 use only excepted. In witness whereof the parties have hereunto set their hands and seals this day of in the year of our Lord one thousand eight hundred and thirty-two. A. B. L. s. C. D. L. s. In presence of E. F. 32 AGREEMENT. [13] For the sale of a parcel of Trees growing, and liberty to cut them down and carry them aivay, Sfc. Articles of Agreement, made, Stc, between A. B.,of, &c, of the one part, and C. D., of, &c, of the other part, in man- ner following, that is to say : The said A. B., in consideration of fifty dollars, to him paid, at , by the said C. D., the receipt whereof is hereby acknowledged, and in consideration of the further sum of fifty dollars, to be paid him by the said C. D., as hereunder is mentioned, has granted, bargained, and sold, and by these presents does grant, bargain, and sell, unto the said C. D., one hundred of the oak trees, now stand- ing and growing in and upon the farm called Brookland, in the county of , now in the tenure of E. F., which the said C. D. 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 A. B. does covenant, promise, and agree to and with the said C. D., 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 C. D. shall and may have free liberty of ingress, egress, and regress, into and from all or any part of the lands and grounds belonging to the farm aforesaid, with his servants, horses, carts, and carriages, to choose, cut down, take and carry away the said one hundred trees, and the tops and bark thereof, to and for his own use and uses ; and like liberty to make and 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 shall think fit, for the better conveniency or carriage thereof. And the said C. D. does covenant, promise and agree, to and with the said A. B., by these presents, as follows; that is to say, that within the time aforesaid, he the said C. D., will choose out, and at his 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 A. B., 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 following. And to the fulfilment of the foregoing agreement AGREEMENT. 33 the parties res, Actively hind their respective legal represen- tatives as well as themselves. In witness, &c. [14] For Letting a House, fyc. Agreed the day of , hetween A. B. of, &c, of the one part, and C. D. of, Sec, of the other part, as fol- lows, viz. The said A. B. does let unto the said C. D., and the said C. D. agrees to take all that, &.c, for one year, from the first day of January 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 dollars, to be paid quarterly on the first Mondays in April, July, October, and January, by even and equal portions, which said yearly rent the said C. D. does hereby covenant and agree to pay to the said A. B. [if freehold say] and his heirs, [but if otherwise say] execu- tors, administrators, and assigns, accordingly, for so long time as he shall hold and enjoy the said premises as afore- said, and until the end of the said three months next after notice shall be given by either of the said parties, to the other of them, for leaving the said premises as aforesaid. In witness, &.c. [15] For the Purchase of Cord-wood, Sfc. It is agreed and concluded upon, by and between A. B., of the one part, and C. D., of the other part, that the said A. B. shall and does hereby sell to the said C. D. all the cord-wood that shall arise from certain trees, and parcels of trees, now growing and standing on a certain piece or parcel of rough ground, situated, &c, that he shall think fit to sell, after the rate of per cord, each cord to be in measure according to the usual measure of cord-wood. And the said A. B. does covenant and promise to and with the said C. D., in form following, viz.: That he the 34 AGREEMENT. said A. B., at his own costs and charges, shall and will pile up all and such of the said parcel of trees as he or they shall think fit to convert into cord-wood as aforesaid ; and also, shall and will permit and suffer the said C. D., as well to cut and convert the said cord-wood into charcoal, at the lower end of the said piece of ground called the Old Lot, whereon the said trees or the greatest part of them now stand ; and also to take the turf, dust and earth, from off the premises of 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, in the most convenient way lead- ing to the road that leads to aforesaid. And the said C. D. does hereby covenant and promise to and with the said A. B., that he the said C. D. shall and will well and truly pay, or cause to be paid, the full and entire sum of per cord, for each and every cord, measured as afore- said on the first day of April next. In witness whereof, &c. [16] Between a Millwright and his Journeyman. Articles of Agreement, made and concluded this tenth day of February, A. D. 1832, between A. B. of , of the one part, and C. D. of , of the other part: Where- as the said A. B. in consideration of the monthly sum of , to be paid and allowed to him by the said C. D., as hereinafter is in that behalf mentioned and expressed, does hereby covenant and agree to and with the said C. D., in manner as follows, to wit: That he the said A. B., from the day of the date hereof, for and during the full term of three years, if they the said C. D. and A. B. shall both so long live, shall and will at the now dwelling-house of him the said C. D., situated, &c, or at such other place or places, (if by him the said C. P., from time to time so required, ordered, and directed) work as a journeyman, and well and truly and faithfully serve him the said C. D., in the business of a millwright, carpenter, joiner, turner, and in all such other arts, mysteries, and work, as he the said A. B. now is or shall be any way capable of doing qr performing, during the term aforesaid, and that ac- cording to the best of his the said A. B.'s ability, knowledge, AGREEMENT. 35 and judgment therein ; and that he the said A. B., during the continuance of the said term, shall yearly work and per- form the trade or business aforesaid for him the said C. D., in manner as follows, viz: From the twenty-fifth day of March to the twenty-ninth day of September, from the hours of six in the morning to six in the evening, and from the twenty-ninth of September to the twenty-fifth of March, from daylight to daylight, and that daily, (sickness, Sundays, six days at Christmas, one at Whitsuntide, one at Easter, the fourth day of July, and such days as he may be lawfully required to muster as a rnilitia-man, and usual hours of break- fast and dinner, only allowed and excepted:) And further, that he the said A. B., during the term aforesaid, shall not at any time absent himself from such service of the said C. D., 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, without the consent of him the said C. D., first had in writing for that purpose. And the said C. D., in consideration of the labour and service to be per- formed for him as aforesaid by the said A. B., promises to pay him at the end of each and every month in which he shall serve him, the wages of per month, and at that rate for a longer or a shorter time. And it is further agreed, that if, before the close of the term mentioned in this con- tract, either the said A. B. or C. D. should die, such death shall be considered as terminating the contract. And for the faithful performance of all the promises herein contained, the parties respectively bind their respective legal represen- tatives as well as themselves. In witness whereof, &.c. [17] Between a Master and a Journeyman or Hired Ser- vant. Articles of Agreement, made, Stc, between A. B. of the one part, and C. D. of the other part, as follows, that is to say: The said A. B., for the consideration hereunder men- tioned, does covenant, promise, and agree, to and with the said C. .D., by these presents, in manner following, that is to say, That he the said A. B. shall and will diligently serve, 36 AGREEMENT. abide, and continue, with the said C. D., from the date of these presents, for and during, and unto the full end and term of two years now next ensuing, and diligently and faithfully, according to the best and utmost of his power, skill, and knowledge, exercise and employ himself in, and shall and will during the said term, do and perform all such service and business whatsoever, as well relating to the trade of which the said C. D. now uses, as in and about any other business, matter, and thing whatsoever, as the said C. D. shall from time to time order, direct, and appoint, to and for the most profit and advantage of the said C. D., that he can ; and shall and will keep the secrets of the said C. D., relating to the said trade and business; and likewise be just, true, and faithful to the said C. D., in all matters and things, and no way wrongfully detain, embezzle, or purloin, any money, goods, or things whatsoever, belonging to the said C. D., and also shall and will keep just, true, and faithful accounts in the books of the said C. D., of all the goods bought and sold, money received and paid, and of all other things whatsoever relating to the business of the aaid C. D., as shall be committed to his care, management, or disposal ; and from time to time pay all money which he shall receive, of or belonging to, or by the order of the said C. D., into his hands, and make and give true and fair accounts of all his doings whatsoever in his said employ- ment, without fraud or delay, when and as often as he shall be thereto required. And in consideration of the premises, and of the several matters and things by the said A. B., to be performed as aforesaid, the said C. D. doth covenant and agree to and with the said A. B., by these presents, that he the said C. D., shall and will find and provide unto and for the said A. B., in his dwelling-house, meat, drink, washing, and lodging ; and also well and truly pay or cause to be paid unto the said A. B., the sum or salary of dollars per annum, for the first two years, &c, by equal quarterly payments ; and shall and will allow the said A. B. such reasonable expenses in and about the business aforesaid, as he the said C. D. shall think fit ; and the said parties do mutually covenant and agree, to and with the other, viz.: That if the said C. D. shall not be willing to continue the said A. B. in his service after the expiration of the said two years, or if the said A. B. shall not be willing to serve and continue with the said C. 1). after the expiration AGREEMENT. 3? of the said two years, in either of the said cases, the said parties shall and will give each to the other three months no- tice of such their minds and intention before the expiration of the said term. And to the fulfilment of the promises and conditions aforesaid, the parties respectively bind their legal representatives as well as themselves. In witness, &c. [18] For engaging a Person to rebuild Mills, at certain weekly tVages. Articles of agreement made, &c, between A. B. of , C. D. of , and E. F. of , of the one part, and G. H. of , of the other part : First. The said G. H., for the considerations herein- after mentioned, does covenant, promise, and agree, to and with the said A. B., C. D., and E. F., and each and every of them, that he the said G. H. shall, on or before the next ensuing the day of the date of these presents, go to Mil- lerstown, and there, in a good and workmanlike manner, according to the best of his art and skill, by and with the di- rections of the said A. B., C. D., and E. F., or one of them, well and sufficiently rebuild, or cause to be rebuilt, the mills of, &c, with such materials and workmen to be em- ployed under him, as they, the said A. B., C. D., and E. F. , or any of them, shall find, appoint, and provide for the same. In consideration whereof, they the said A. B., C. D., and E. F., do hereby covenant, promise, and agree, to and with the said G. H. well and truly to pay, or cause to be paid to the said G. H., for all such time as he shall be employed by them the said A. B., C. D., and E. F., or any of them, in rebuilding the mills aforesaid, weekly and every week, the wages of ten dollars a week, and so in proportion for a less time than a week ; to be paid to him the said G. H., by the said A. B., C. D., and E. F., some or one of them, at Mil- lerstown. And also, that they the said A. B., C. D., and E. F., some or one of them, shall and will pay, or cause to be paid, to the said G. H., over and above the wages afore- said, the sum of dollars, for his expenses in going to and returning from the said mills at Millerstown. And last- 4 38 AGREEMENT. ly, the said G. H. does covenant, promise, and agree, to and with the said A. B., C. D., and E. F., and every of them, by these presents, that he the said G. H., shall not absent himself nor depart from the work and rebuilding aforesaid, without leave in writing, first had and obtained from the said A. JB. , C. D., or E. F., some or one of them, for the doing thereof, on pain of forfeiting for every day of such absence the sum of dollars, to be stopped and deducted out of the wages aforesaid. And for the performance of all the covenants aforesaid, the said parties and each and every of them bind their respective executors, administrators, and assigns, as well as themselves. In witness, &c. [19] For performing Bricklayers and Plasterers work in Building a House. Agreed, &c, between A. B., of, &c, of the one part, and C. D., of, &c, of the other part, as follows, that is to say: The said C. D., for the considerations hereunder men- tioned, does covenant, promise, and agree, to and with the said A. B. as follows, that is to say: That he the said C. D., in sufficient and workmanlike manner, at his own charge, with the materials to be for that purpose provided by the said A. B., 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 substan- tial new messuage or tenement, in the room and place where- on lately stood a certain messuage or tenement belonging to the said A. B., late in the occupation of Israel Lodge,. situ- ated in Nashville, and will build the same in such manner, and of such thickness of waHs, height, or stories, and with such and so many lights, chimneys, and conveniences, and in such manner; and will do and perform such ornamental work about the said building as the said A. B., his executors, ad- ministrators or assigns shall order and direct; and that he the said C. D., will use his utmost care in working up the said A. B.'s materials for the said building to the most advantage, 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 brick- AGREEMENT. 39 layer and plasterer for building the said intended messuage, on or before the next ensuing the date hereof. In consideration of which said works, so to be done and per- formed as aforesaid, he the said A. B., does covenant, pro- mise, and agree, to and with the said C. D., by these pres- ents, that he the said A. B., shall and will well and truly pay or cause to be paid unto the said C. D., for all such work which shall be by him done and performed in and about the said building, ornamental work excepted, at and after the rate of per 1000 for laying the bricks, and per yard for every yard which the said plaster work shall measure, containing three feet square for every yard ; and in full for all the said ornamental work to be done and performed as aforesaid ; and no extra charge shall be al- lowed or made for corners, arches, jambs, joints, fire-places, or any other kind of work whatever, which is usually or at any time rated as extra, but the whole is to be measured as plain. And the said A. B. shall pay all the said money in manner following, to wit : . And for the perform- ance of the several agreements and conditions aforesaid, the parties hereto respectively bind their several executors, ad- ministrators and assigns, as well as themselves. In witness whereof, &.c. [20] To erect Buildings and do other work. Articles of Agreement made this first day of March in the year of our Lord one thousand eight hundred and thirty- two between A. B. of , of the first part, and C. D. of , of the other part, as follows, to wit : First, the said A. B. does hereby covenant with the said C. D. that he the said A. B. shall and will, on or before the day of next ensuing, in consideration of the sum of to be paid to him as is hereinafter provided, build and completely finish on ground belonging to the said C. D. at the several buildings set forth in the sched- ule hereto annexed, ("or hereunder written], and also do or cause to be done within said time all and singular the work mentioned in said schedule, according to the plan and ele- vation thereof, signed by the parties, in a good workmanlike 40 AGREEMENT. manner, to the satisfaction of the said C. D. or any survey- or whom the said C. D. shall for that purpose by certificate in writing appoint : and also shall and will provide good, proper, and sufficient materials of all kinds whatsoever, for erecting said buildings, and finishing said work and build- ings. And it is further agreed by and between the parties hereto that if the said A. B. shall be guilty of any neglect or delay in erecting and completely finishing said work and buildings, the said C. D. shall give notice in writing to said A. B. of such neglect or delay. And thereupon unless the said A. B. within days after such notice shall be given, shall proceed to finish the same according to such notice, the said C. D may provide other workmen and ma- terials to finish what the said A. B. shall so have neglect- ed. And the reasonable and just charges for such workmen and materials so to be employed and provided by the said C. D. shall be by him deducted from the sums which by force of this agreement he was bound to pay to said A. B. or otherwise by the said A. B. paid to him the said C. D. And in such case the said A. B. shall not do or suffer to be done any act or thing to hinder or impede the said C. D. or those to be employed by him in completing all the work which the said A. B. shall so have neglected. And the said C. D. does hereby covenant with the said A. B. that he the said C. D. shall and will well and truly pay or cause to be paid to the said A. B. the sum of within days next alter the said works and buildings shall be erected and completely finished as aforesaid. Provided always, and it is agreed by the parties hereto, that in case the said C. D. shall direct any more work to be done in and concerning the premises, than what is contained in the said schedule, then the said C. D. shall pay or cause to be paid to the said A. B. so much extra money as such extra work so done by him shall be reasonably worth. And if the said C. D. shall think proper to diminish or omit any part of the work enumerated in said schedule, and give rea- sonable notice thereof to said A. B., a reasonable and just sum therefor shall be reserved and deducted by said C. D. out of the sums herein provided to be by him paid to said A. B. for said work. And lastly it is agreed by the parties hereto, that if any disagreement or dispute shall arise be- tween them, concerning any of the performances of any of the things herein provided to be done or performed by either AGREEMENT. 41 party, such disagreement or dispute shall be referred to the arbitrament, determination and award of three disinterested persons, one to be nominated and in writing appointed by each of the parties hereto, and the third to be named by the two who shall be so named and appointed by the said parties as aforesaid. And the parties severally covenant with each other that they will respectively abide by and perform the award that shall be made in the premises on the arbitration to be had as aforesaid. And for the performance of all and singular the covenants, promises and conditions herein contained, the parties respectively bind their respective executors, administrators and assigns, as well as themselves. In witness whereof, &,c. [21] For building a House according to a Plan annexed. Be it remembered that on this day of in the year of our Lord it is agreed by and between A. B. of , and C. D. of , in manner and form following, to wit : The said C. D. for the consideration hereinafter mentioned, does covenant, promise and agree with the said A. B. that he the said C. D. shall and will within the time of months from and after the date hereof, in a good and workmanlike manner, and according to the best of his skill and judgment, at well and sub- stantially erect and finish one dwelling house, according to the draft or scheme hereunto annexed, of the form and dimen- sions following, to wit : [insert the description], and that he will compose and form the same of such stone, brick, timber, lumber, and other materials as the said A. B. shall find and provide therefor: in consideration whereof the said A. B. does covenant and promise to and with the said C. D. to pay him the sum of at the times following, to wit : the sum of on, &,c, [here name the several payments as the work progresses], and the remainder of the said sum of as soon as the said house shall be completely fin- ished and completed according to this contract. And it is agreed that the said A. B. shall at his own expense, provide all the materials of which said house shall be built, and de- liver them to the said C. D. on the spot where the house 4* 42 AGREEMENT. shall be built, as soon and as fast as he the said C. D. shall desire to use the same. And for the faithful performance of all the covenants, promises and conditions herein contained, the parties hereto respectively bind their respective execu- tors, administrators, and assigns, as well as themselves. In witness whereof, &c. [22] To take down an old House and build a new one, thr builder to find Materials. Articles of Agreement, &c. The said A. B. does covenant with the said C. D. and E. F. in manner following, to wit: That he, the said A. B., for the consideration hereinafter mentioned will forthwith take down the dwelling house situated in belonging to the said C. D. and E. F., and occupied by them, and upon the site thereof will erect, build and completely finish, one new dwelling house of not less than fifty feet in length, and forty feet in breadth, with a good cellar under the whole of it. The said house shall be built two stories high, with four rooms on each floor. The said house in its materials, height of the rooms, form of the roof, and style of building, shall be like the dwelling house now occupied by in said . And the said A. B. shall at his own charge furnish all the stock and materials of every name and na- ture that shall be required in and about said building. And he shall remove and have for his own use the rubbish and materials of the old house which he shall take down. And he shall in all things, in a workmanlike manner, erect, build, and completely finish the said house, and deliver the same to the said ('. D. and E. F., completely finished, and fit for occupation, on or before (he first day of next en- suing the date hereof. And in consideration thereof, and as a full compensation for finding said materials, and perform- ing said work, the said C. D. and E. F. covenant with the said A. B. that as soon as said house shall be completely finished and delivered as is herein provided, they will pay to him the said A. B. the sum of . And for the faithful and punctual performance and fulfilment of all and singular the covenants, promises and conditions herein con- tained, the parties respectively, and each and every of them, AGREEMENT. 43 bind their respective executors and administrators, as well as themselves. In witness whereof, &c. [23] For building a part of a Turnpike Road. Articles of Agreement, made this first day of March, in the year, Sec, by and between A. B. agent of the proprietors of the Turnpike, of the one part, and X., Y., and Z., of, &c, of the other part. Whereas the said X., Y., and Z,, have agreed with the said A. B. to make and finish in a good and workmanlike manner three miles of the Turnpike road of said Proprietors, being the distance from to in the location as it is now laid and staked out, embracing that part of it which runs over hill, in the manner, and for the price herein- after stated. Now it is hereby covenanted and agreed by the said X., Y., and Z., in consideration of the sum of to them to be paid by the said A. B. as is hereinafter provided, and in consideration of the other covenants herein on the part of the said A. B. contained, that they the said X., Y., and Z., shall and will, at their own charge, forthwith commence the making of said three miles of said Turnpike road, begin- ning at and ending at embracing that part of it which runs over hill, and that they shall and will completely make and finish the said piece of said road on or before the day of in the manner following, that is to say, they will make the said road in all places two rods wide, in a good and faithful manner, so that all horses, cat- tle, carriages, and other creatures and things can puss or be drawn over the same and every part thereof, with ease and safety : And the said X., Y., and Z., for the consideration aforesaid, covenant with the said A. B. that in making the said three miles of road, and every part thereof, they will cut down all the hills and elevations, and raise the valleys and depressions, and remove all rocks and other obstructions in such a manner that in the whole space of said three miles the ascent or elevation shall in no place or part thereof ex- ceed four degrees of elevation from the horizon ; and farther 44 AGREEMENT. that the sides of the cuttings through the hills shall, in all cases, in their descent and projection towards the road, slope so that in no spot or part the inclination shall be less than an angle of forty-five degrees from a perpendicular line. And the said X., Y., and Z., do farther covenant that in making the road over the hill they will, at the distance of every ten or twelve rods, raise mounds in the road of a convenient height to turn off the water that may fall thereon, to the sides thereof, so- that the road shall not be washed and gullied by the water that may fall thereon, or pass over it. And they do farther covenant with the said A. B. that in making the said road they will elevate and crown it in the middle, and from side to side, regularly, so that in the mid- dle it shall be nine inches higher than at each side. And in soft or spongy ground they will raise it in the centre higher, as may be required to make it a perfect road : and that in finishing said road, where the land is soft or loamy, they will deposit and spread good gravel to the depth of at least six inches upon every part thereof. And that the materials for the base of the road shall be such that when finished as aforesaid, the road shall be good and perfect as a thorough and well built Turnpike road: and that at every break or water way, and at all other places where the same shall be necessary, they will erect and build good and suffi- cient stone bridges, or sluices, for the passage of the water under said road : and that in making said road over low ground, they will raise and build the same so high, that the water shall not overflow it at any season of the year : but that the said road shall at all times remain dry, so that it may be passed with ease and safety : and that they will not suffer any stones or obstructions to remain on the surface of said road so as to make the travelling unsafe or troublesome. And the said A. B. does covenant, promise and agree, to and with the said X., Y., and Z., that they may, within of said road as the same is now laid out, take and apply all the materials which they shall find suitable for the building of said road, and use the same in and about the building thereof. And the said A. B. in his capacity afore- said, does farther covenant with the said X., Y., and Z., that in consideration that they will well and faithfully perform all and singular the covenants, promises, agreements and con- ditions herein on their part contained, he will, as a payment and full consideration therefor, pay to them the full sum of AGREEMENT. 45 to be paid at the times, and in the sums fol- lowing, to wit : he shall pay them the sum of, &c, And to the faithful performance of all and singular, the covenants, agreements, promises and conditions, herein con- tained, the parties respectively bind their respective execu- tors, administrators, successors and assigns, as well as themselves. In testimony whereof, &c. [24] Between a Master-shipwright and his Workmen for building a Ship, 8fc. Articles of Agreement made between A B., of, &c, of the one part, and X , Y., and Z., of, &.c, of the other part. Whereas the said A. B. has contracted with O. P., of, &c, for building the Hull of a new Ship of the dimensions stated in their articles of agreement, dated a copy whereof is hereto annexed. Now it is hereby agreed be- tween the parties hereto, and they hereby mutually covenant and agree to and with each other to perform the agreements herein on their respective parts provided. The said X., Y., and Z. agree, that for the consideration hereinafter named, they will, with materials to be provided by the said A. B. at his own charge, at his ship-yard in do and perform all the shipwright's work, according to the said agreement be- tween the said A. B. and O. P. in, about, and for the build- ing, completing, and finishing the hull of the said ship, in a substantial, faithful, and workmanlike manner, to the satis- faction of the said A. B., and in the manner that he from time to time shall direct. And that they will at their own charge launch the said ship and that she shall be so fin- ished and launched, provided the said A. B. shall seasonably furnish the materials, on or before the day of next. And the said A. B. covenants, that he will pay the said X., Y., and Z., for every ton measure of the said ship, her burthen or tonnage to be ascertained by carpenter's measure, the sum of dollars, to be paid in the sums and at the times following ; that is to say, [describe the sev- eral payments as per agreement.] Arid for the faithful per- formance of all the covenants, promises and agreements, herein provided, the parties hereto, and each and every of AGREEMENT. them, on their respective parts bind their respective execu- tors, administrators, and assigns, as well as themselves. In witness whereof, &c. [25] For making a quantity of Shoes. Articles of Agreement made between A. B., of, &.c, of the one part, and C. D., of, &.c, of the other part. The said A. B., for the consideration hereinafter men- tioned, does covenant that he will, at his own charge, make for the said C. D. one thousand pairs of new shoe*, of the same quality of leather, goodness of workmanship, and size, and in all respects according to the pattern or sample agreed on by the parties, on which both the parties have written their names, and placed thereon the date of this agreement, and which sample is in the hands of the said C. D. ; and to de- liver the same to the said C. D., at within months from the day of the date hereof. And the said A. B. shall find the leather and all other materials for making said shoes, and be at all and every charge the same concerning. And in consideration thereof, and in full payment therefor, the said C. D. does covenant to pay the said A. B., the sum of for each and every pair of said shoes within months from the time the same shall be finished and deliver- ed as aforesaid. And it is agreed, if the said shoes shall not be made agreeably to said pattern and for that reason shall be rejected by said C. D., then the said A. B. shall take back such rejected shoes, and deliver other good ones instead thereof. But if the said A. B. shall; insist that said shoes are good, and such as are required by this agreement, then the question of their sufficiency shall be determined by three arbitrators, one to be chosen by each of the parties hereto, and a third by those two ; and the decision of the majority of such arbitrators, on a hearing of the parties, or notice to them to be heard, shall be binding on the parties. In witness whereof, See. [26] For the Freight of a Ship. Articles of Agreement made this day of between A. B., master and commander of the ship AGREEMENT. 47 of about tons burthen, now at the wharf, at, &c, and bound on a voyage to , of the one part, and C. D., of, Stc, of the other part. The said A. B., for the consideration hereinafter named, does covenant with the said C. D., that the vessel aforesaid shall with all reasonable expedition and despatch, be made ready to proceed to sea, and well found, manned, and pro- vided in all respects to undertake a voyage from where she now lies, to , and that he the said A. B., will forth- with receive on board the said vessel for the said C. D. provided he will furnish the same, the goods described as follows : [here enumerate them] and within days from the day of the date hereof, wind and weather permit- ting, the said A. B. will sail with the said vessel for the said port of , and on arriving there, the dangers of the seas and other maritime risks excepted, he will deliver the said goods, in the* like good order in which they shall be received on board said vessel, to the said C. D. or his assigns. And the said C. D. ( covenants with the said A. B., that he will forthwith deliver on board his said vessel to be trans- ported as aforesaid, the goods herein before enumerated ; and that on their transportation as aforesaid to the said , he will receive the same from on board the said vessel, and then and there, on the receipt thereof, that he will pay to the said A. B., for the transportation thereof, the sum of [here name the freight and primage.] In witness whereof, &c. [27] To beij equal charges in a, Lawsuit to be brought for the recovery of an Estate- Articles of Agreement between A. B. and C., &c. Where- as [recite the grounds of the contemplated controversy^ by reason whereof a suit or suits may be commenced ; and whereas it is agreed by the said parties that each of them shall pay his equal share, according to his interest in said estate, of all the just and reasonable charges and expenses in and concerning the suit or suits so to be commenced. Now it is hereby agreed by and between the said A. B. and C., and each and every of them covenants with each and every of the other of them, that they will respectively pay 48 AGREEMENT. each to the other, their just and proportionate shares as afore- said, of each and all the sums which either of them shall pay for or on account of the charges and expenses which may arise in and about said contemplated suit or suits. And to the performance of the above engagements, the subscribers hereto severally bind their legal representatives as well as themselves. In witness whereof, &c. [28] Between several to pay their proportions of the ex- penses of defending a Lawsuit, which is expected to be brought against them, or one of them, for the recovery of Land. Articles of Agreement made between A., B., , and D., of, &c. Whereas O. P. possesses a tract of land in adjoining the estate in said held in common by said A., B., C., and D.; and the said O. P. contends, that his line should run so as to embrace a part of the said estate claimed by the said A., B., C., and D.; and he has threat- ened, and intends to commence a suit' therefor against the said A. B., C., and D., or one or some of them. Now the several persons parties hereto, covenant and agree each and every of them with each and every of the others, that they will respectively bear and pay each and every of them to each and every of the others, one equal fourth part of all the just and necessary charges and expenses J^hich each, or either of the persons, parties hereto, shall pafcn or respect- ing the defence of said expected suit. And Bthe perform- ance of the covenants and promises aforesB^ the persons parties hereto respectively bind their respective legal repre- sentatives as well as themselves. In witness whereof, Sic. [29] To take and hold parts of a Ship to be built, and to pay proportions of the prime Cost and Outfit. We, who have hereunto set our hands and seals, all of , merchants, do hereby severally covenant and agree to and with A. B., of , merchant, that we will AGREEMENT. 49 severally take of said A. B., and hold the several parts by us herein under respectively subscribed for, of a new ship to be of the burthen of about five hundred tons, for the building of which the said A. B. has contracted with C. D., of, &c, of which ship, when completed and fitted for sea, we agree that E. F., of, &c, shall go master and we further agree severally with said A. B., that we will severally pay him our just and respective portions of the cost of building said ship as the same may be payable on his said contract with said C. D., and also that we will pay him our respective portions of all charges and costs of rigging said ship and completely fitting her for sea, to go on such a voyage as the major part of the owners shall agree. And for the faithful performance of the foregoing promises, we severally and not jointly bind ourselves, and our respective executors and ad- ministrators. In witness whereof, Stc. [30] Between a Merchant and his Book-keeper. Articles of Agreement made this day of between A. B., of , merchant, of the one part, and C. D., of IK , book-keeper, of the other part. It is agreed by the Arties, that the said C. D. shall well and faithfully serve the said A. B. as a book-keeper, and other- wise in or abouanis mercantile operations, in the counting room of said A.j^, or elsewhere, at his pleasure ; and the said C. D. shaflftiligently, during the term aforesaid, and with constancy I've the said A. B. in his business as he shall direct, andfjierein he shall obey and perform all the reasonable directions of the said A. B., without disclosing his correspondence or the affairs of his business-operations to any person whatsoever: And the said C. D. shall not correspond with any of the correspondents of said A. B. , nor shall he carry on any traffic or business for his own account during the term aforesaid, without the consent of said A. B. first had in writing. And the said C. D. further covenants, that during the term aforesaid, he will keep true and perfect accounts for said A. B., and that he will not waste or em- bezzle the goods or effects of said A. B. ; and also that he, the said C. D., will from time to time, during said term, on 50 AGREEMENT. request, make and deliver to said A. B., in writing, a just and perfect account of all the money which the said C. D. shall receive and pay out ; and of all the goods and commod- ities which he shall receive from and deliver to any, and all persons, on account of the said A. B. ; and also that he, the said C. D., will not sell or deliver any of the goods of said A. B. to any person without the consent of said A. B. And the said A. B. covenants with the said C. D., that he will pay him for his services so to be rendered as aforesaid, the annual sum of , to be paid quarter-yearly from the day of the date hereof, in sums of each. In witness whereof, &c. [31] Between the Owner of a Ship and a Surgeon. Articles, Stc, between A. B., of, &c, owner of the ship Dolphin, of the one part, and C. D., of, &c, surgeon, of the other part. The said A. B., for the considerations hereinafter men- tioned, agrees to find the said C. D. at the cost of the said ship, during her intended voyage to and thence home, with lodging in the cabin of said ship, and necessary and convenient provisions, and all other accontoodations for his passage in said vessel during said voyaglll And the said C. D. agrees, during said voyage, and during the continu- ance of said ship at all parts and places unjfl the termination of said voyage, that he will out of the s^B ship's medicine chest, (to be fully provided with all nejHsary drugs and medicines and instruments of surgery, ntBc charge of said A. B.,) administer and apply unto the p ter an d all the company of, and passengers on board saicnship, from time to time during said voyage, all such medicines and applications in physic and surgery, as shall be necessary and proper dur- ing said voyage, according to his best skill and knowledge ; and also that he will, during the said voyage, perform all necessary and proper surgical operations on all persons on board said ship. And the said A. B. covenants with the said C. D., that he will pay him as wages, during the said voy- age, at and after the rate of dollars per month. In testimony whereof, &c. AGREEMENT. 51 [32] For providing a Subscription Plate to be run for. We, whose names are hereunto subscribed, in order to encourage an association of gentlemen of the county of , for obtaining a breed of good and able horses, have severally promised and agreed, and by these presents do on this day of in the year of our Lord one thousand eight hundred and thirty-two, severally covenant and agree to and with each other in manner and form follow- ing, that is to say : 1. It is agreed that on or before the day of next, a plate shall be provided by A. B., of, &.c, as steward of the association, according to the subscriptions hereunder written, to be run for on the course at on by any horse, mare, or gelding whatsoever, that shall be duly entered for the purpose, (excepting such horse, mare, or gelding, as shall have won the value of in plate or money at any one time ;) and that every such horse, mare, or gelding, that shall run for said plate, shall be obliged to carry pounds weight. 2. That said plate shall be won by running the best of three heats on said course, (each heat being four miles or thereabout, as the course is now laid out ;) and that half an hour shall be allowed to rub and refresh suc.h horses, &c, between the heats. 3. That if any horse, &c, that shall run for the said plate, shall run on the wrong side of any post, such horse, &c, shall immediately return to the same post which he so left on the wrong side, and fun as he ought to do, or shall lose the right of contending for the said plate. 4. That if any horse, &c, shall be distanced in any of the three heats aforesaid, such horse, &c, so distanced, shall not run any more, nor shall the owner thereof have any ben- efit of the said plate ; and if any horse, &c, shall happen to distance all the rest, then the owner of such horse, &c, shall have the said plate without any more riding. And if any horse, 8tc, shall win two heats, and shall not be distanced in the third heat, then the owner of such horse, &c, shall have the said plate. 5. That if three several horses, &c, shall in running for the said plate, win each of them a heat, such three horses, &c, only, and none other, shall run the fourth heat, and that 52 AGREEMENT. horse, &c, that wins the fourth heat, shall be deemed the winning horse, and the owner thereof shall win the plate. 6. That it shall be lawful for the owner of any horse, Stc, that shall run for the said plate, to choose a trier, (such trier not betting on either side,) to judge which horse, &c, comes first to the distance and ending posts ; provided he gives the name of such trier, to the steward, before the first time of starting. 7. That every person who shall ride for the said plate, shall, at his alighting at the end of every heat, be obliged to weigh himself, and if he weighs less than pounds, or refuses to be weighed, such person, or the owner of the horse, &c, he rode shall lose the benefit of said plate. 8. That all horses, &c, that run for the said plate, shall be obliged to start between the hours of two and four o'clock in the afternoon ; and the owner of such horse, &c, that is not ready to start at that time, shall lose his chance of gain- ing the said plate ; and the rest of the horses, 8tc, may start without him ; and notice of starting at each time shall be given by some martial instrument, under the direction of the steward. 9. That no person shall run any horse, &c, for said plate who has not actually and bona fide been his owner for two months next before the time of running ; and no horse, &c, shall run for said plate, the size, colour, or mark, and name of which, together with the name of the owner, shall not have been entered with the steward in a book to be kept for that purpose : and such entry shall be made by request of the owner, or his deputy, on the day of next, be- tween the hours of nine o'clock in the morning and six o'clock in the evening, at , in the said county ; at which time and place, every horse intended to be run for the said plate, shall be exhibited ; otherwise he shall be excluded from the race ; and it is agreed that every horse, &c, so entered, shall, from the day of said entry till the time of the race, be kept in aforesaid, at the stable of some public Inn- keeper, who shall contribute towards a galloway plate. 10. That for and upon the entry of each horse, &c, as aforesaid, the owner thereof shall pay to the steward, the sum of if a subscriber for the plate, and if not, ho shall pay to the steward on such entry the sum of ; which money shall be applied to defray the expenses of the occasion, and of the purchase of said plate. AGREEMENT. * 53 1 1. That the steward shall, before the said day of next, cause the course and posts to be put in good and proper repair and order, the expense of which, and all other expenses in preparation for the race, shall be paid out. of the funds subscribed or paid as aforesaid; and the steward shall give seasonable public notice in the newspapers, of the times of entering and running as aforesaid. 12. That if any difference in opinion between persons concerned, shall arise as to the true meaning of these arti- cles, or any of them, the same shall be determined and set- tled by a majority of the subscribers then present; and their determination in the premises shall be final and conclusive. Witness our hands and seals this first day of March, A. D. 1832. [33] For a Horse Race. Articles of Agreement made, &c, between A. B. of, Sic, of the one part, and C. D., of, Stc, of the other part. The said A. B. covenants with the said C. D., that on the day of next, a black gelding be- longing to Y. Z., called The Flying Dragon, shall, sick or well, run the Four mile course at against the gray gelding belonging to the said C. D., called The Griffin ; and the said C. D., in like manner, covenants with the said A. B., that the said gray gelding, called The Griffin, shall on the said day of next, sick or well, ruu the said Four mile course against the said black gelding, called The Flying Dragon. And it is mutually agreed, that if the said black gelding comes out first at the end of said course, according to the judgment of a majority of three disinterested persons, for that purpose to be previously named by the parties hereto, then the said C. D. shall pay to the said A. B. the sum of five hundred silver dollars ; and that if the said gray gelding comes out first at the end of the said course, according to the judgment of the majority of the three disinterested persons to be selected as aforesaid, then the said A. B. shall pay to the said C. D. the sum of two hundred and fifty silver dollars. And it is further mutually agreed, that each horse in said race shall carry ten stone weight ; and further, that the stakes shall be forthwith de- 5* 54 APPOINTMENT. posited in the hands of O. P., of, &c, to be paid to the win- ning party according to this agreement. And it is also further agreed, that if either of the said horses shall fail to run as is herein provided, the party undertaking for such horse shall forfeit and lose his wager, and the whole of said wager shall be paid by said O. P. to the other party, in the same manner as if said horse had actually run and lost. In witness whereof, &c. Note. In all indentures or memorandums of agreement between two or more parties, the date may properly be either at the commencement or close of the contract; as Memorandum of Agreement made this day of, &c, by and between, &c in which case the close should be In testimony whereof the parties have hereunto set their hands, [or hands and seals,] on the day first herein written ; or the date may be omitted at the commence- ment, and inserted at the close, in the manner it is usually done in deeds. In all sealed instruments or written contracts, it is well to have a witness to the signatures, and it may be under these terms: In presence of or, Sigtied, sealed, and delivered in presence of or simply, Attest, APPOINTMENT. [1] Of a Guardian, by a Minor. Know all men by these presents, that I, A. B., of , son and heir of C. B., late of, &c, deceased, being above the age of fourteen years, namely, of the age of about fifteen years, have nominated, elected, chosen and appointed, and by these presents I do nominate, elect, choose and appoint Y. Z., of, &c, to be the guardian, both of my person and of my estate, real and personal, until I shall attain the full age of twenty-one years. In witness whereof 1 have hereunto set my hand and seal this day of A. B. L. s. Attest, APPOINTMENT. 55 Note. Many of the States have statute provisions on this subject, which render an appointment in the above form invalid. In such case, the provisions of the statute must be followed. f2] Of a Guardian by a father for his son. Know all men by these presents, that I, A. B., of the city of Charleston, in the state of South Carolina, planter, divers good causes and considerations me thereunto moving, have committed and disposed of, and by these presents I do com- mit and dispose of the custody, tuition, superintendence and education of my son, C. B., to Y. Z., of said city, mer- chant, from and immediately after my decease, until my said son shall attain the full age of twenty-one years. And if it shall so happen that the said Y. Z. shall die before me, or before my said son shall arrive at the full age of twenty-one years, then and in such case I do commit and dispose of such custody, tuition, superintendence and education of my said son as aforesaid, to W. X., of said city, Esquire. And I do request the said Y. Z. or W. X. as the case may be, on the happening of the events aforesaid, to assume and ex- ercise the trust herein provided, for the benefit of my said son. In witness whereof, &.c (As in [1] ) Signed and sealed in presence of us [ Two witnesses must sign."] Note. Till the age of twenty-one, the empire of a father over his child continues, even after his death ; for he may, by deed or will, appoint a guardian to any of his children, unmarried and under age, to continue till such child attains the full age of twenty-one years, or for a less time.* In some of the States, statute provisions supersede this mode of appointment, or otherwise provide for it. * 1 Blackstone's Commentaries, 462. Note 3. 56 ASSIGNMENT. ASSIGNMENT. [I] Of Dower. An Indenture made on this day of be- tween A. B., of, &c, son and. heir of C. B., late of , Esquire, of the one part, and D. B., widow and relict of the said C. B., of the other part. Whereas the said C. B., in his life time, and at the time of his death, was seized in his demesne as of fee, of divers lands and tenements in which upon the decease of said C. B., descended to the said A. B. Now this inden- ture witnesses, that the said A. B. has endowed and as- signed, and by these presents he does endow and assign unto the said D. B., the third part of the said lands and tene- ments, to wit, all that messuage, &c, [here describe it par- ticularly.^ To have and to hold the same to her the said D. B., as and for her dower in the lands and estate which was of the said C. B., for and during the term of the natural life of her the said D. B., in severally by metes and bounds as aforesaid, in full recompense and satisfaction of all the dower which the said D. B. ought to have of, or in the lands and tenements which were of the said C. B. in his life time. In testimony whereof, &c. [It] Of Dower another form. , Know all men by these presents, that I, A. B., of, Sec, son and heir of C. B., late of , Esquire, in con- sideration that D. B., of, &c, widow, was the wife of the said C. B., and is entitled to her dower in all the lands whereof the said C. B. died seized and possessed, and which on the decease of the said C. B. descended to the said A. B., have endowed and assigned, and by these pre- sents I do endow and assign unto her, the said D. B., one full third part of all the lands and tenements of which the said C. B. died seized and possessed, and which on his de- cease descended to me, the said A. B., as his heir, which one third part so endowed and assigned is described and ASSIGNMENT. 57 bounded as follows, to wit, [here describe the premises as- signed.] To have and to hold the same to her, the said D. B., in severally, for and during her natural life in the name of dow- er, and in recompense and satisfaction of all the dower, which the said D. B. ought, or is entitled to have, of, and in the lands and tenements, which were of the said C. B., in his life time. In witness whereof, &.c. Voft's. A widow, who is an alien, or who has eloped from her husband, and never been reconciled to him, or one who has been divorced because of adultery committed by herself, is not entitled to dower. Dower also may be obtained by the widow by judgment of court on a writ of dower; or on report of commissioners appointed for that purpose by a court, to which that power is committed by statute. It often happens that it is convenient and advantageous for the widow, and her children, or the other heirs of her de- ceased husband, to sell the estate entire. In such case it will be necessary to ascertain what proportion of the proceeds of the sale of the estate the widow will be entitled to ; and this may be ascertained from the following Tables. ASSIGNMENT. DR WIGGLESWORTH'S TABLE Of Observations in New England, (adopted by the. Su- preme Judicial Court of Massachusetts, as a rule of estimat- ing the value of life estates, Estabrook v. Uapgood, 10 Mass. Reports, 313.) * ! 1 = 1 '.t. jj JH a ! EJJ Ages. 1 L IN Ages. | i* 3 S.M 2 * c 1 n j- T= At birth. 4893 264 28.15 30 1962 38 30.24 1 3629 274 31 1924 38 2 3355 188 ' 32 1886 38 3 3167 132 33 1848 38 4 3035 84 34 1810 38 5 2951 58 40.87 35 1772 35 28.22 6 2893 55 36 1737 35 7 2838 47 37 1702 35 8 2791 40 38 1667 35 9 2751 36 39 1632 35 10 2715 28 39.23 40 1597 35 26.04 11 2687 27 41 1562 35 12 2660 27 42 1527 35 13 2633 27 43 1492 35 14 2606 27 44 1457 34 15 2579 42 36.16 45 1423 27 23.92 16 2537 43 46 1396 27 17 2494 43 47 1369 27 18 2451 43 48 1342 27 19 2408 43 49 1315 27 20 2365 43 34.21 50 1288 27 21.16 21 2322 42 51 1261 27 22 2280 42 52 1234 27 23 2238 42 53 1207 27 24 2196 42 54 1180 27 25 2154 40 32.32 55 1153 27 18.35 26 2114 38 56 1126 27 27 2076 38 57 1099, 27 28 2038 38 58 1072 27 29 2000 38 59 1045 27 ASSIGXMENT. 59 tb > """a tb '**'= i .5 B a m .5 n 03 a < .2 rtl ya g<2 2 a" 5 Ages. b 3 .5 M 1 Ages. 1 I* M s 60 1018 27 15.43 80 326 35 5.85 61 991 27 81 291 34 62 964 27 82 257 34 63 937 27 83 223 34 64 910 27 84 189 34 65 883 37 12.43 85 155 21 4.57 66 846 37 86 134 21 67 809 37 87 113 21 68 772 37 88 92 20 69 735 37 89 72 20 70 698 37 10.06 90 52 8 3.73 71 661 37 91 44 7 72 624 37 92 37 7 73 587 38 93 30 7 74 549 38 94 23 7 75 511 37 7.83 95 16 6 1.62 76 474 37 96 10 5 77 437 37 97 5 3 * 78 400 37 98 2 1 79 363 37 99 1 1 For the purpose of comparison with observations in Eu- rope, ST MAUR'S TABLE is subjoined, taken from observations in Paris and the country around it. From his observations it appears that of 24,000 children born, the numbers who attain to different ages are as fol- lows : If from the following table it is desired to ascertain what probability there is that a man of a given age will attain to any other age it may be done thus. Suppose the man's age is 30, and it is desired to know what his chance is of living till 70 ; make the number opposite 70 the numerator, and the ftumber opposite 30 the denominator of a fraction, and that fraction will express the probability sought for, with per- fect accuracy. In that case it appears that the probability that the man of 30 will live to 70 years of age is ASSIGNMENT. TABLE. Of the 24,000 born, 17,540 attain to 2 years. 4,564 attain to 60 years. 15,162 14,177 13,477 12,968 12,562 12,255 12,015 11,861 11,405 10,909 10,259 9,544 8,770 7,729 7,008 6,197 5,375 3 4 5 6 7 8 9 10 15 20 25 30 35 40 45 50 55 3,450 2,544 1,507 807 291 103 71 63 47 40 33 23 18 16 6 or 7 65 70 75 80 85 90 91 92 93 94 95 96 97 98 99 100 From the preceding table it may be inferred, that suppos- ing the population in the United States to be 1 0,000,000, there are of them, 387,400 under I year of age 1, 194, 000 between 1 and 5 years 992,300 945,300 886,730 823,800 776,500 716,650 642,050 572,300 506,050 439,400 371,100 286,900 213,050 131,950 5 10 15 20 25 30 35 40 45 50 55 60 65 70 10 15 20 25 30 35 40 45 50 55 60 65 70 75 ASSIGNMENT. 61 70,650 between 75 and 80 years 28,800 80 85 10,250 85 90 3,350 90 95 820 95 100 30 or 40 above 100 A Table showing the present value of an annuity of one dollar, from 1 to 36 years, the calculation being made at the rate of 5 per cent interest per annum. Years. Dollars Cents , &c. Years. Dollars. Cents, &c. 1 95 23 19 12 08 53 2 1 85 94 20 12 46 22 3 2 72 32 21 12 82 11 4 3 54 59 22 13 16 30 5 4 32 94 23 13 48 85 6 5 07 56 24 13 79 86 7 5 78 63 25 14 09 39 8 6 46 32 26 14 37 51 9 7 10 78 27 14 64 30 10 7 72 17 .28 14 89 81 11 8 30 64 29 15 14 10 12 8 86 32 30 15 37 24 13 9 39 35 31 15 59 28 14 9 89 86 32 15 80 26 15 10 37 96 33 16 00 25 16 10 83 77 34 16 19 29 17 11 27 40 35 16 37 41 18 11 68 95 36 16 54 68 It is believed the foregoing tables will enable a tolerable accountant to estimate the present value of a dower or an- nuity. The rate of 5 per cent interest per annum is taken because the chief object here is to estimate the value of dower. And experience has shown that in estimating in- come from real estates, no more than 5 per cent interest per annum can with justice be allowed. ASSIGNMENT. [3] Of a Servant. In consideration of the sum of seventy-five dollars, to me in hand paid by C. D. of the county of farmer, I do hereby assign and set over the within named servant, to serve the said C. D. his executors, administrators, and as- signs, for the residue of the term within mentioned.* Witness ' &c ' A.B. L.. ICP This must be done before a Justice of the Peace. [4] Of a Copy-right in a Book. An Indenture, made, &tc, between A. B. of , professor of mathematics, of the one part, and C. D. of , bookseller, of the other part. Whereas the said A. B. has written and compiled a book, entitled, &c. Now this indenture witnesses, that the said A. B. for and in con- sideration of the sum of , to him in hand paid by the said C. D. the receipt whereof is hereby acknowledged, has bargained, sold, and assigned, and by these presents does bargain, sell, and assign, unto the said C. D. all the said book, and all his copy-right, title, interest, property, claim, and demand whatsoever of, in, and to the same; to have and to hold the said book, copy-right, and all the profit, benefit, and advantage, that shall or may arise, by and from printing, re-printing, publishing, and vending the same, unto the said C. D. on the terms and conditions, and for the whole period of time provided and allowed in and by the several acts of the congress of the United States for the encouragement of learn- ing, by securing the copies of maps, charts, and books, to the authors and proprietors of such copies, during the times there- in mentioned. Provided, nevertheless, and these presents are upon this express condition, that the number of copies to be printed of the first and each and every other edition or impression of the said book, shall not exceed one thousand, and that the said C. D. shall and will pay unto the said A. B. the further sum and sums of , for, at, and upon the re- * This is applicable to a servant bound by indenture or deed, and should be written on the back of it. ASSIGNMENT. 63 printing or making a second, and each and every other future and further edition or impression that shall or may be made of the said book, for and towards a further reward and satis- faction to the said A. B. for his writing and compiling the same ; the said payments shall be made before the publi- cation of the said several impressions, or editions (after the first) and sale of the same, or any part thereof, by the said C. D. or by any other person, or persons, by, for or under him. And the said C. D. doth covenant, promise, and agree, to and with the said A. B. that he the said C. D. shall and will pay or cause to be paid to the said A. B. the said respective sum and sums of , at and upon the re-printing, and before the publication and sale of the said second and every other future and further edition and impression that shall or may be made of the said book, according to the proviso afore- said, and the true intent and meaning of these presents. And to the fulfilment of the covenants and agreements herein con- tained, the parties bind their respective executors, adminis- trators, and assigns, as well as themselves. In witness, &c. iCF" The purchaser or assignee of a copy-right has no power to make any alterations in the body of the work, or in the title page thereof, without the leave of the author, first had and obtained in writing ; for, if the said purchaser or assignee could of himself exercise such power, he might thereby, to suit his own interest, be enabled to injure the literary reputation of the author, by affixing his name to matter which the author did not, and would not write. [5] Of Letters Patent for the sole use of an Invention. An Indenture, made, &c, between A. B. of , of the one part, and C. D. of , of the other part. Whereas the said A. B. has, by long study, expense, and experience, invented a method of 5 by a new and useful art, [machine, manufacture, or composition of matter or improvement, or either, as the case may be] never before known or used : and whereas the said A. B. has therefor obtained letters patent, in the name of the United States, and bearing test by the president thereof, under the date 64 ASSIGNMENT. of , granting to him, the said A. B., his heirs, exe- cutors, administrators, and assigns, for the term of fourteen years, the full and exclusive right and liberty of making, constructing, using, and vending to others to be used, the said invention or discovery, as in and by the said letters pa- tent, recorded in the office of the secretary of state may fully appear : Now this indenture MJteMMf, that the said A. B. for and in consideration of the sum of to him in hand paid by the said C. D. at or before the signing of this indenture, the receipt whereof is hereby acknowledged, has granted, assigned, and set over, and by these presents does grant, assign, and set over, unto the said C. D., his executors, administrators, and assigns, the said letters patent, and all the right, title, and interest of him the said A. B. of, in, and to the said invention so granted unto him: To have and to hold the said letters patent and invention, with all benefit, profit, and advantages thereof, to the said C. D., his executors, administrators, and assigns, in as full, ample, and beneficial manner, to all intents and purposes, as he the said A. B. by virtue of the said letters patent, may or might have or hold the same, if this assignment had not been made, for and during all the rest and residue of the said term of years, granted by the said letters patent as aforesaid. And the said A. B. does by these presents con- stitute and appoint the said C. D. his assignee and grantee of and for the said invention and the profits thereof, for the remainder of the said term of fourteen years: And the said A. B. does covenant to and with the said C. D. that he the said C. D. his executors, administrators, and assigns, shall and may, by virtue of these presents, have, receive, and take all the profits and advantages whatsoever, that may or shall be made, for or by reason of such invention, and that he the said A. B. his executors, administrators, and assigns, shall and will do and execute, or cause to be done and ex- ecuted, all and every other act and acts, thing and things, devices and assignments in the law, whatsoever, for the fur- ther, better, and more perfect assigning and assuring of the said letters patent, and the right, title, and interest of him the said A. B. his executors, administrators, and assigns, therein, and in the said invention unto the said C. D., his executors, administrators, and assigns, as by the said C. D. his executors, administrators, and assigns, or his or their ASSIGNMENT. 65 counsel learned in the law, shall be lawfully and reasonably devised, advised, or required. In witness, &c. ICpThis assignment must be recorded in the office of the secretary of state, at Washington : after which, the assignee is regarded, in law, in the place of the original inventor, both as to right and responsibility ; and so the assignees or assigns to any degree. See IngersoWs Abridgment, p. 480, Sec. IV. An assignment of part of a patent right, will not enable the assignee to maintain an action in his own name for a vio- lation of the patent. 6 Cranch. 324. (6J Of a Bond, by Indorsement. For a valuable consideration, to me in hand paid, by A. B. of, &c, I, E. F. the within named obligee, do assign and set over the within obligation, and all money due and to become due thereon, unto the said A. B. his executors, administrators, and assigns ; [and in case the same cannot be recovered from the within named C. D. the obligor, then I do promise and agree to pay the amount thereof, together with all charges thereupon accruing, unto the said A. B. his executors, administrators, and assigns.] Witness my hand and seal, &.c. A. B. is to take the assignment at his own risk, omit the words contained in brackets, and in lieu thereof in- sert the following : ' And in no case holding myself respon- sible for the recovery or payment of the same ; but the risk and loss, if any, to be borne by the said A. B. his executors, administrators, and assigns.' [7] Short Form, where the Assignor is liable. For value received, I do assign and set over the within obligation and all money due thereon, unto A. B. his exec- utors, administrators, and assigns, hereby guaranteeing the payment thereof, in case of default being made by the within named C. D. Witness my hand and seal, &c. E. F. L.S. 66 ASSIGNMENT. [8] Another, where the Assignor is not liable. For value received, I do assign and set over the within obligation, and all money due thereon, unto A. B. his exec- utors, administrators, and assigns, not holding myself liable for the payment of the same ; the losses, if any, and the re- covery thereof to be wholly at the risk of the said A. B. Witness my hand and seal, &c. E. F. L.S. [9] Of a Bond, by Indorsement. Know all Men by these presents, that I, the within named A. B. for and in consideration of the sum of to me paid by C. D. of , at or before the sealing of these presents, the receipt whereof is hereby acknowledged, have granted, bargained, sold, assigned, transferred, and set over, and by these presents do grant, bargain, sell, assign, trans- fer, and set over, unto the said C. D. his executors, admin- istrators, and assigns, the within written bond or obligation, and the sum of , mentioned in the condition thereof, together with all interest due, and to grow due for the same, and all my right, title, interest, claim, and demand whatso- ever, of, in and to the same. And 1 authorize the said C. D. in my name,* to demand, sue for, receive, have, hold, and enjoy the said sum of , and interest, to his own use absolutely for ever. In witness, &c. A. B. L.S. [10J Another Short Form. I do hereby assign and set over all my right, title, claim, interest, property, and demand whatsoever, in and to the within bond (or bill] unto C. D. for value received : witness my hand and seal, the day of A. B. L.S. * In Pennsylvania, and some other states, the assignee of a bond may sue in his own name. ASSIGNMENT. 67 [11] Special Form of Same. Know all Men by these presents, that 1, the within named A. B , in consideration of the principal debt and interest mentioned in the within bond to me paid by C. D., have as- signed, and by these presents do assign, transfer, and set over, the within bond, and the money due and growing due thereon, unto the said C. D. his executors, administrators, and assigns. And further, I do hereby covenant, that if the said money when due cannot be recovered from the within named E. F. and G. H. by reason of insolvency or other- wise, I will pay the same to the said C. D. : witness my hand and seal, the day of A. B. L.S. [12] Another. For a valuable consideration, to me in hand paid by A. B. of the city of , , merchant, I do assign and set over the within obligation and all money due and to become due thereon, unto the said A. B., his executors, administrators,, and assigns; and in case the same cannot be recovered of the within named C. D. then do I promise and agree to pay the amount thereof, together with all charges thereupon accru- ing, to the said A. B. his executors, administrators, and assigns. In witness, &c. E. F. L.S. [13] Of a Bond and Mortgage, ajter judgment and extctt- tion, and part oftke debt paid. An Indenture, made the day of , between A. B. and C. D. executors, &c, of E. F. deceased, of the one part, and Y. Z\ of , of the other part. Whereas O. P. of , in and by a certain obligation or writing obligatory, under his hand and seal, duly execut- ed, bearing date, &c, became bound unto the said E. F. in his life time, in the sum of , conditioned for the payment of , on or before, &c, as in and by the said obligation and condition thereof fully appears. And 68 ASSIGNMENT. whereas the said O. P. by way of collateral security for the aforesaid debt and interest, in and by a certain inden- ture of mortgage, bearing date, &c, for the considerations therein mentioned, did grant, bargain, and sell, unto the said A. B. and C. D. as executors aforesaid, and to their heirs and assigns, a certain tract of land called , situated, &c, containing acres, being bounded, &c. Also a certain other tract, &c, together with their and every of their appurtenances, to hold to them the said A. B. and C. D. their heirs and assigns forever, with this proviso, That the same indenture and the estate and estates thereby grant- ed, and the said recited obligation should become void on payment of the mortgage money and interest aforesaid, as in and by the said recited indenture of mortgage duly re- corded in more at large appears. And whereas judgment for the said debt, interest, and costs, has been ob- tained in the court of common pleas for the county of against him the said O. P. at the suit of the said A. B. and C. D. executors as aforesaid, upon which judgment execution has been issued and sued forth, and the said ex- ecution is now in the hands of the sheriff of the county of aforesaid. And whereas the said O. P. has paid only the sum of , on account of the principal debt and interest aforesaid, so that there yet remains due the principal sum of , besides interest accrued thereon, to the day of the date hereof. Now this indenture witnesses, that the said A. B. and C. D. execu- tors aforesaid, for and in consideration of the said sum of balance of the principal debt aforesaid, and interest unto them well and truly paid by the said Y. Z. at or before the sealing and delivery hereof, the re- ceipt whereof they do hereby acknowledge, have granted, bargained, sold, assigned, and set over, and by these pres- ents do grant, bargain, sell, assign, and set over, unto the said Y. Z. his heirs, executors, administrators, and assigns, the aforesaid recited obligation and the warrant of attorney thereunto annexed, and the said recited indenture of mort- gage, and all and every the sum and sums of money which on the day of the date hereof are due and payable thereupon, and which shall or may hereafter accrue and grow due and payable thereupon, and also the aforesaid two several de- scribed tracts of land and premises with the appurtenances, mortgaged as aforesaid ; and also the aforesaid judgment ASSIGNMENT. 69 and execution, and all the money now due or hereafter to become due and payable thereupon, and the benefit and ad- vantage thereof, and all the estate, right, title, interest, and demand of, in and to the said recited obligation, indenture, lands and money hereby assigned ; and also of, in and to the said judgment and execution which they the said A. B. and C. D. as executors aforesaid, now have or ought to have or claim. To have, hold, receive, take, and enjoy, the said obligation, indenture of mortgage, and the said lands thereby granted, and the said judgment and execution, and all the money hereby assigned unto the said Y. Z. to the only use and behoof of the said Y. Z. his heirs, executors, administrators, and assigns, for ever, and at his and their sole risk, Subject to the right of redemption of the said O. P. his heirs and assigns, by payment of the principal money and interest now due or to become due thereupon. And it is hereby agreed that they the said A. B. and C. D. as executors aforesaid, or otherwise, or the estate of the said E. F. deceased, shall not in anywise howsoever be respon- sible or accountable for any loss, deficiency or damage which the said Y. Z. his heirs, executors, administrators, and assigns, shall or may sustain or suffer, by reason of this as- signment, or in case the said O. P. should prove insolvent, or his title to the said mortgaged lands and premises prove defective. In witness whereof, the said parties to these presents have interchangeably set their hands and seals hereunto. Dated the day and year first before written. In witness, &c. [14] Of 'a Pension, until Money due upon a bond shall be satisfied thereout. Whereas A. B. by his bond or obligation under his hand and seal, bearing date on or about the day of , which was in the year , became bound to C. D. of [as in bond.] And whereas the said C. D. is since dead, having first made his last will and testament in writ- ing, bearing date the , and thereof constituted and appointed . F. and G. H. both of , his executors, as in and by the said will duly proved and remaining in the register's office of the county of , as by reference 70 ASSIGNMENT. thereto will appear. And whereas there is now justly due and owing by the said A. B. to the said E. F. and G. H., on this said bond, as executors as aforesaid, the sum of And whereas the said A. B. is entitled during his life to an annuity or pension of a year, given him by , payable quarterly ; which pension the said A. B. has agreed to assign unto the said E. F. and G. H. for the better securing the payment of the said sum of , so remain- ing due on the said recited bond, as aforesaid, with lawful interest for the same. Now know ye, that the said A. B. for the end and purpose aforesaid, and in pursuance and performance of the said agreement, and for and in considera- tion of the sum of five shillings of lawful money of , to him at or before the sealing and delivery of these presents, by the said E. F. and G. H. well and truly paid, the receipt whereof he the said A. B. does hereby acknowledge, has assigned, transferred, and set over, and by these presents does assign, transfer, and set over, unto the said E. F. and G. H. their executors, administrators, and assigns, the said pension of a year, given him by as aforesaid; and all benefit and advantage whatsoever to be had, or obtained thereby, or by means or in respect thereof. To have, hold, receive, and enjoy, the said pension, here- by assigned, or intended to be hereby assigned, unto the said E. F. and G. H. their executors, administrators, and assigns, for and during so long time and until the said sum of , so due and owing from the said A. B. to the said E. F. and G. H. as executors as aforesaid on the said recited bond, with lawful interest for the same, shall be fully satisfied and paid (if he the said A. B. shall so long live.) And the better to enable the said E. F. and G. H. their executors, administrators, and assigns, to re- ceive the said pension hereby assigned, when and as the same shall from time to time become due, he the said A. B. has constituted, and appointed, and by these presents does constitute, and appoint, the said E. F. and G. H. and each of them, and the executors and administrators of the survivor of them, his true and lawful attorney and attorneys, irrevocable, in his name and stead, or in their or either of their own name or names, but to and for the purpose afore- said, to ask for, receive, and take of and from all and every person or persons now or hereafter to be appointed to pay the same, the said pension of , so given ASSIGNMENT. 71 to the said A. B. by as aforesaid, when and as the same shall from time to time become due and payable, for and during so long time and until the said sum of so due and owing by the said A. B. to the said E. F. and G. H. as executors as aforesaid, with lawful interest for the same, shall be fully paid and satisfied (if he the said A. B. shall so loug live.) And upon receipt thereof, or any part thereof, to make and execute any lawful release or dis- charge for the same. And further, to do all and every other act and thing which shall be necessary to be done in or about the premises, for receiving thereof in as full, ample, and beneficial a manner, to all intents and purposes, as he the said A. B. might or could do in his proper person, if these presents had not been made; he the said A. B. hereby ratifying and confirming all and whatsoever the said E. F. and G. H. and each of them, and the executors and ad- ministrators of the survivor of them, shall lawfully do, or cause to be done, in or about the premises, by virtue of these presents. And the said A. B. for himself, his heirs, executors, and administrators, does hereby covenant, and agree to and with the said E. F. and G. H. their executors, administrators, and assigns, that the said A. B. shall not nor will not at any time hereafter, revoke or make void the letter of attorney herein before contained, or do any act or thing to defeat or hinder the said E. F. and G. H. or their representatives in the receiving the said pension hereby as- signed according to the true intent and meaning of these presents. And further, that the said A. B. shall and will, from time to time, at his own cost, make and execute such further and other lawful and reasonable assignment and assurance whatsoever, for the better and more effectual as- signing and receiving the said pension hereby assigned, or intended so to be, unto the said E. F. and G. H. for the purposes aforesaid as by them shall be reasonably required. In witness, &c. [15] Of a Judgment rendered on a Verdict. Whereas I, A. B. lately recovered judgment in the court of , holden at , against C. D. of , for the sum of , as by the record of the said judg- 72 ASSIGNMENT. ment, remaining in the said court appears, upon which judgment execution has been lately sued. Now know ye, that I, the said A. B. for divers good causes and considera- tions, have granted, transferred, assigned, and set over, and by these presents do clearly and absolutely grant, transfer, assign, and set over, unto E. F. of , as well the said judgment for the said sum of aforesaid, as also all benefit, and advantage whatsoever, that now can or shall or may hereafter be obtained, by reason or means of the same, or any execution thereupon, now had, or to be had, and all the right, interest and demand whatsoever, .vhich I, the said A. B. have, or ought to have, in or to the said judgment, or any sums of money, lands or tenements, which by virtue thereof, or of any process or execution thereupon sued or to be sued, shall or may be recovered, or obtained. And fur- ther, I, the said A. B. do by these presents, constitute, and appoint, the said E. F. to be my true and lawful attorney, for me and in my name to use and prosecute the said exe- cution upon the said judgment, and upon composition or agreement made concerning the premises, to acknowledge satisfaction, or to make and give any other release, or dis- charge for the same ; and all other acts and things whatso- ever, as shall be requisite in and about the premises, I cove- nant to allow, and confirm, by these presents. And I the said A. B. do covenant, and agree, to and with the said E. F. by tjiese presents, in manner and form following, that I, the said A. B. have never made or executed any release or discharge of the said judgment, or of any execution which has been thereupon sued or executed ; neither will I, the said A. B. at any time hereafter, make any release, or do any act or thing whatsoever, whereby the said judgment, or' any execution which has been thereupon sued or executed, or which shall at any time hereafter be sued or executed, by the said E. F. shall be in any manner defeated, or extin- guished, without the consent of the said E. F. thereto first had in writing. And further, that I, the said A. B. will at all times hereafter, on the request, and at the cost of the said E. F. maintain, and confirm, all such lawful suits, process, executions, and proceedings whatsoever, as have been, or shall hereafter be brought, or prosecuted against the said C. I), his heirs, executors, or administrators, and their lands, goods or chattels, upon or by reason of the said judgment. In witness, &c. ASSIGNMENT. 73 [16] Of Money due upon Account. Know all Men by these presents, That I, A. B. of , in consideration of the sum of , to me paid by C. D. of , do hereby assign and set over unto the said C. D. to his own proper use, without any account to be given for the same, the sum of , and all other sums of money as are remaining due and payable upon or by virtue of the annexed account of money due to me by Y. Z., of, Stc, and all my right, title, interest, and demand in and to the same : And I do give and grant unto the said C. D. full power and authority to demand and receive the same, to his own use, and upon receipt thereof to give discharges for the same, or any part thereof: And I, the said A. B. do hereby covenant and agree to and with the said C. D. that the said sum of , is justly due and owing to me from said Y. Z., and that I have not received or discharged the same, or any part thereof. In witness, Stc. account of this kind, being what is technically called a chose in action, must be sued for in the name of the assignor, for the ^tse of the assignee. [17] Of a Debt, ivith Power of Attorney. Know all Men by these presents, that I, A. B. of, Stc, in consideration of the sum of , now justly due and owing by me to C. D. of , and for better securing the payment of the same to the said C. D. have bargained, sold, assigned, transferred, and set over, and by these pre- sents do bargain, sell, assign, transfer, and set over, unto the said C. Ds all that debt or sum of , which is now due and owing to me by Y. Z. of , for goods sold and delivered by me to the said Y. Z. or his order, before the day of the date hereof, and all my right, title, interest, claim, and demand, in and to the said debt, or sum of , and every or any part thereof : To hold the same to the said C. D. his executors, administrators, and assigns, from hence- forth, to his and their own proper use and benefit for ever, 7 74 ASSIGNMENT. nevertheless under the proviso and condition hereinafter mentioned. And I do hereby constitute and appoint the said C. D. my true and lawful attorney irrevocable, and give and grant to him, full power and authority, in my name, but to the only proper use of the said C. D. to demand, sue for, recover, receive, and compound, the said debt or sum of , and every or any part or parcel thereof, and upon receipt of the same, or any part thereof, acquittances or other proper discharges to make, and generally for me and in my name, to do, and perform, all and every such further and other acts, matters, and things, concerning the premises, as to the said C. D. shall seem requisite ; and that as fully and effectually, to all intents and purposes, as I myself might have done, I hereby ratify and confirm all and what- ever he or they shall lawfully do, or cause to be done, in or about the premises. And I do hereby covenant and agree, to and with the said C. D. his executors and administrators, that I have not done or suffered, and that 1 will not do or suffer, any act, or thing, whereby the said C. D. shall or may be hindered or prevented from the recovering or re- ceiving the said debt or sum of , hereby assigned, or any part thereof, or such other satisfaction as can or may be had or obtained for the same, by virtue hereof. And further that I will at all times hereafter, at the request of the said C. D. make, and execute, all such further and other acts and deeds as shall be reasonably required for the proving of the said debt, and the better and more effectually enabling him to recover, receive, and enjoy the same, according to the true intent and meaning of these presents. Provided always, and it is hereby agreed, that if I, the said A. B. shall well and truly pay, or cause to be paid, to the said C. D. the said sum of so due to him as aforesaid, within six calendar months from the date hereof, then this present assignment, and every matter and thing herein con- tained, shall cease, determine, and be void, to all intents and purposes whatsoever. And all the grants and powers afore- said are given by me the said A. B. to bind my executors and administrators as well as myself, and they are granted to the executors, administrators, and assigns of the said C. D. as well as to him. In witness, &c. A. B. L.S. ASSIGNMENT. 76 [18] Of a Bond as a Collateral Security. An Indenture made the first day of May, A. D. 1829, between A. B. of , of the one part ; and C. D. of , of the other part : Whereas Y. Z. of , in and by the bond or obligation, bearing date the tenth day of June, which was in the year of our Lord 1828, became bound to the said A. B. in the sum of dollars, con- ditioned for the payment of dollars, on the day of , which was in the year of our Lord , with lawful interest for the same : And whereas the said A. B. in and by his bond or obligation bearing date the day of last past, became bound to the said C. D. in dollars, conditioned for the payment of the sum of , on the day of now next ensuing, with lawful in- terest for the same, and the said A. B. also in and by his other bond or obligation, bearing even date herewith, be- came bound to the said C. D. in another sum of dol- lars, conditioned for the payment of the further sum of dollars, on the said day of now next ensuing, with lawful interest for the same, and the said A. B. tor the further and better securing the payment of the said several sums of dollars, and dollars, (making together the principal sum of dollars) with interest for the same respectively, according to the condi- tions of the said two said several last in part recited bonds or obligations, has proposed and agreed to transfer and assign over, to the said C. D. by way of additional and coU lateral security, the said herein before recited bond or obli- gation, so entered into by the said Y. Z. to the said A. B. as aforesaid, and the principal money and interest due there- on, or secured, or recoverable thereby, or by means thereof, in manner hereinafter mentioned : Now this indenture wit- nesses, that the said A. B. for the considerations aforesaid, and also in consideration of the sum of one dollar, of lawful money of the United States, to him paid by the said C. D. at or before the sealing and delivery of these presents, the receipt whereof is hereby acknowledged, has bargained, assigned, transferred, and set over, and by these presents, does bargain, assign, transfer, and set over unto the said C. D. the said herein before recited bond or obligation, so given and entered into by the said Y. Z. to the said A. B. 76 ASSIGNMENT. as aforesaid, and all his the said A. B.'s interest therein, and all the benefit and advantage thereof, and all sums of money, principal money, and interest, secured or recoverable thereupon, or by means thereof, and which is now due and owing, or which shall or may hereafter grow due thereon, and all powers and remedies which he the said A. B. has or ever had for the recovery of the same : To have, hold, re- ceive, and take, all and singular the premises hereby as- signed, or intended so to be, and the whole benefit and advantage thereof, and all money arising therefrom, unto the said C. D. his executors, administrators, and assigns, to, and for his and their own proper use and benefit : And the said A. B. for the consideration aforesaid, has made, or- dained, constituted, and appointed, and by these presents does make, ordain, constitute, and appoint, the said C. D. his the said A. B.'s true and lawful attorney, irrevocable, giving to him full power and authority, in the name or names of him the said A. B. his executors, or administrators, to de- mand, sue for, recover, levy, and receive, all and every sum and sums of money now due and owing, for principal and in- terest on the said bond or obligation hereby assigned or men- tioned, or intended so to be, or that shall or may hereafter grow or accrue due thereon, to and for the sole use and benefit of him the said C. D. in such manner, and by such process and lawful means as he the said C. D. shall be advised and think proper ; and upon receipt thereof, or upon satisfaction being given to the said C. D. for the same, in the name of the said A. B. or in the name of him the said C. D. to release and discharge the said Y. Z. his heirs, executors, and administrators, from the same, and further, to do and perform all and every other lawful act and acts, thing and things, necessary and expedient to be done for the recover- ing, receiving, or discharging, the money due and payable, or that shall hereafter grow due and payable on the said hereby assigned bond or obligation, as to the said C. D. shall appear advisable and expedient : and one or more attorney or attorneys under him or them for the purposes aforesaid, to constitute and appoint, and again at his or their pleasure to discharge : And the said A. B. does hereby covenant, promise, and agree, to and with the said C. D. that he the said A. B. has not at any time here- tofore done or committed, nor shall or will at any time here- after, do or commit, any act, matter or thing whatsoever, ASSIGNMENT. 77 whereby the hereby assigned bond or obligation, or the money secured thereby, or any part thereof, or any process, proceedings, suit, judgment, or writ of execution whatso- ever, that shall or may be had, taken, commenced, or prose- cuted thereon, in pursuance of these presents, or any power or authority hereby given or granted, is, are, shall, or may be in any wise released, impeached, or discharged, hindered, or avoided; but shall and will from time to time, and at all times, ratify and confirm, all such matters and things, writs, process, executions, and proceedings as he the said C. D. his executors, administrators, or assigns, shall in pursuance of these presents, do, commence, bring, or prosecute, upon or by reason of the said bond or obligation, and premises hereby assigned, in any wise : Provided always, and it is hereby agreed, by and between the said parties to these presents, that if the said A. B., do and shall well and truly pay, or cause to be paid unto the said C. D. the said several and respective principal sums of dollars, and dollars of lawful money of the United States, with lawful interest for the same respectively, at or upon the day appointed for the payment thereof, in and by the said two several hereinbefore mentioned conditions of the said recited bonds or obligations so entered into, and given by the said A. R. to the said C. D. as aforesaid, and according to the true intent and meaning of the same respec- tively, then this present indenture, and every thing herein contained, shall immediately from thenceforth cease, deter- mine, and be absolutely void, to all intents and purposes whatsoever, any thing hereinbefore contained to the contrary thereof in any wise notwithstanding. And the better to effect the foregoing provisions, all the within covenants, grants, powers, and conditions, shall extend to and bind the executors, administrators and assigns of the parties as well as themselves. In witness, &.c. [19] Of Leasehold Premises, from a Mortgagee and Mortgagor, to a Purchaser. An Indenture tripartite, made the fourth day of March in the year of our Lord, one thousand eight hundred and thirty- two, between A. B., of , of the first part ; C. D., of 7* 78 ASSIGNMENT. , of the second part ; and E. F., of , of the third part: Whereas on the , a certain lease was made as follows: [here recite the lease.] And whereas the said [name the Lessee] did afterwards erect and build on the said piece or parcel of ground, one brick messuage or tenement, pursuant to a covenant for that purpose contained in the said indenture of lease. And whereas, in and by an indenture of assignment or mortgage, bearing date on the second day of January, A. D. 1819, and made or mentioned to be made between the said Lessee of the one part, and Y. Z., of , of the other part [reciting to the effect herein before recited] the said Lessee, for the considerations there- in mentioned, did assign and set over unto the said Y. Z., all the said piece or parcel of ground, and the said messuage or tenement thereon erected and built, and all and singular other the premises in the said indenture of lease granted and demised, with their and every of their appurtenances, to- gether with the said indenture of lease, To hold unto the said Y. Z., his executors, administrators, and assigns, from thenceforth, for and during* all the rest, residue, and re- mainder, of the said term of years, in and by the said recited indenture of lease granted, then to come and unexpired, under a proviso in the said indenture of mortgage contained for making void the same, on payment of the sum of five thousand dollars with interest, on the day of , as in and by the said recited indenture of assign- ment or mortgage, reference being thereunto had, may appear: And whereas by one other indenture of assignment tripartite, bearing date the day of , and made or mentioned to be made, between the said Y. Z., of the first part, the said Lessee of the second part, and the said C. D. of the third part; reciting that there was then due and owing to the said Y. Z. for principal and interest on the said re- cited mortgage, the sum of , and that the said C. D. had contracted and agreed with the said Lessee, for the absolute purchase of the said mortgaged premises, for the sum of dollars, the said Y. Z., in consideration of the said sum of , so due to him for principal and interest on the said mortgage, to hip paid by the said C. D., by the direction and appointment of the said Lessee, did thereby grant, bargain, sell, assign, transfer, and set over ; and the said Lessee, in consideration of the further sum of dollars, to him then paid by the said C. D., did thereby ASSIGNMENT. 79 grant, bargain, sell, assign, release, and confirm, unto the said C. D , his executors, administrators, and assigns, the said recited indenture of lease, made and granted to the said Lessee as aforesaid, and the said piece and parcel of ground, messuage or tenement, and all and singular other the premi- ses, with the appurtenances, in and by the said recited inden- ture of lease, demised to the said Lessee, by the said Lessor, or mentioned or intended so to be, to hold unto the said C. D., his executors, administrators, and assigns, from thence- forth, for and during all the rest, residue, and remainder of the said term of years, in and by the said recited in- denture of lease granted, then to come and unexpired, as in and by the said last recited indenture of assignment, refer- ence being thereunto had, will appear. And whereas by one other indenture of assignment or mortgage, bearing date the day of , made between the said C. D., of the one part, and the said A. B., party hereto, of the other part; \rcciling lo the effect as hereinbefore recited] and further reciting that by one bond or obligation bearing even date herewith, the said C. D. had become bound unto the said A. B., in the penal sum of dollars, conditioned for the payment of the sum of dollars, in manner and at the times therein mentioned, the said C. D., as well for the better securing and more sure payment of the said sum of dollars, according to the condition of the said bond or obligation, as also for other the conditions therein mentioned, did grant, bargain, sell, assign, transfer, and set over, unto the said A. B., his executors, administrators, and assigns, the said recited indentures of lease, made and granted to the said Lessee, as aforesaid, and the said piece or parcel of ground, messuage, or tenement, and all and singular other the premises, with the appurtenances, in and by the said recited indenture of lease demised to the said Lessee, by the said Lessor, or meant, mentioned, or intend- ed so to be : To hold unto the said A. B., his executors, administrators, and assigns, from thenceforth, for and during all the rest, residue, and remainder of the said term of years, in and by the said recited indenture of lease granted, then to come and unexpired, under a proviso there- in contained, for making void the same, on payment of the said sum of dollars, at the time, and in manner thereinbefore limited and appointed, as in and by the said last recited indenture of assignment, relation being thereunto 80 ASSIGNMENT. had, will appear: And whereas the said sum of dollars, or any part thereof was not paid or satisfied at the time mentioned and appointed for payment thereof, whereby the estate and interest of the said A. B., in and to the said mortgaged premises became absolute in law: And whereas there is now due and owing to the said A. B., for principal and interest on the said recited bond and mortgage, to the day of the date of these presents the sum of dol- lars : And whereas the said E, F. has contracted and agreed with the said C. D., for the absolute purchase of the said mortgaged premises, for all the residue and remainder of the said term of years, in and by the said recited indenture of lease granted, now to come and unexpired, for the price or sum of dollars : Now this indenture witnesses, that for and in consideration of the said sum of dollars, to the said A. B., in full of all principal money, and interest due to him from the said C. D., on such said recited bond and mortgage, to him well and truly paid by the said E. F. , by and with the consenl, direction, and appointment of the said C. D., testified by his being a party hereunto, and executing of these presents, at or before tho sealing and delivery hereof, the receipt whereof the said A. B. does hereby acknowledge, and thereof, and of and from every part and parcel thereof, does clearly and absolutely acquit, release, and discharge the said E. F., by these pre- sents, he the said A. B. , by and with the like consent, direc- tion, and appointment, of the said C. D., testified as afore- said, has granted, bargained, sold, assigned, transferred, and set over, and by these presents does fully and absolutely grant, bargain, sell, assign, transfer, and set over unto the said E. F., his executors, administrators, and assigns, the said recited indenture of lease, made and granted to the said Lessee as aforesaid, and the said recited indentures of as- signment thereof, and the said piece or parcel of ground, and also the said messuage or tenement thereon erected and built, and all and singular other the premises, with the appurte- nances, in and by the said recited indenture of lease demised to the said Lessee, by the said Lessor, or meant, mentioned, or intended so to be, and all the estate, right, title, term of years now to come and unexpired, claim and demand what- soever, of him the said A. B., in, and to the same, and every part and parcel thereof, by force and virtue of the said re- cited indenture of lease and indentures of assignment, or ASSIGNMENT. 81 otherwise howsoever : To have and to hold the said recited indenture of lease and indentures of assignment, piece of ground, and messuage or tenement thereon built, and all and singular other the premises, with the appurtenances herein and hereby granted, bargained, sold, assigned, transferred, and set over, or meant, mentioned, or intended so to be, un- to the said E. F., his executors, administrators, and assigns, from the day of the date of these presents, for and during all the rest, and residue, of the said term of years, in and bv the said recited indenture of lease granted, and there- in now to come and unexpired. And the said A. B. does covenant, promise, and agree, to and with the said E. F., by these presents, that he the said A. B., has not made, done, or committed, or wittingly, or willingly suffered, or caused, or procured to be done, or committed, any act, or thing, whereby or by reason or means whereof the said recited in- denture of lease, indentures of assignment, piece of ground, messuage or tenement, or any of them, is, are, shall, or may be impeached, charged, or incumbered, in title, charge, es- tate, or otherwise howsoever. And this indenture further witnesses, That for and in consideration of the further sum of dollars to the said C. D. also well and truly paid by the said E. F., at or before the sealing and delivery of these presents, the receipt whereof the said C. D. does here- by acknowledge, and thereof and of every part and parcel thereof, does release, and discharge, the said E. F., for ever, by these presents, which said sums of dollars, and dollars, make together the said sum of dollars, and are in full of the purchase money agreed to be given for the said premises by the said E. F. ; he the said C. D., has granted, bargained, sold, assigned, released, and confirmed, and by these presents does fully and absolutely grant, bargain, sell, assign, release, and confirm unto the said E. F., his executors, administrators, and assigns, the said recited indenture of lease made and granted to the said Lessee as aforesaid, and the said piece of ground, and mes- suage or tenement thereon built, and all and singular other the premises, with the appurtenances in and by the said re- cited indenture of lease demised to the said Lessee, by the said Lessor, or meant, or intended so to be ; and all the es- tate, right, title, term of years now to come and unexpired, equity and benefit of redemption, claim and demand whatso- ever of him the said C. D., both in law and equity, or other- 82 ASSIGNMENT. wise howsoever, of, in, and to the said premises, or any part thereof, and all deeds, evidences and writings, touching and concerning the said hereby assigned premises, or any part thereof now in the custody or power of the said C. D., or any other person or persons, for his use, or in trust for him. To have and to hold the said recited indenture of lease, par- cel of ground, messuage or tenement thereon built, and all and singular other the premises, with the appurtenances here- in before mentioned, or intended to be hereby granted, bar- gained, sold, assigned, released, and confirmed, and every part and parcel thereof, unto the said E. F., his executors, administrators, and assigns, from henceforth for and during all the rest, residue, and remainder of the said term of years, in and by the said recited indenture of lease granted, now to come and unexpired. And the said C. I), does cov- enant, promise, and agree, to and with the said E. F., by these presents, in manner following, that is to say : That the said recited indenture of lease, made and granted to the said Lessee as aforesaid, at the time of the sealing and delivery of these presents, is good, effectual and valid in law, of and for the premises thereby demised, and that the same and the term of years thereby leased are now in being, and in no wise forfeited, surrendered, incumbered, or become void or voidable ; and that they the said A. B. and C. D. have, or one of them has, in themselves or himself good right, full power, true title, and lawful and absolute authority to grant, bargain, sell, assign, transfer and set over the premises meant or intended to be hereby assigned, with their appur- tenances unto the said E. F., his executors, administrators, and assigns, in manner and form aforesaid : And that he the said E. F., his executors, administrators, or assigns, shall, or lawfully may, from time to time, and at all times hereafter, for and during all the residue and remainder of the said term of years, in and by the said recited indenture of lease granted, yet to come and unexpired, peaceably and quietly have, hold, occupy, and enjoy, all and singular the premises hereby granted and assigned, or meant, mentioned, or in- tended so to be, and every part or parcel thereof, with their and every of their appurtenances, without any let, trouble, denial, eviction, or interruption, of or by them the said A. B. and C . D. , or either of them, or of or by any other person or persons whomsoever, (except one indenture of lease bear- ing date the day of whereby the said C. D. ASSIGNMENT. 83 demised to W. X., of , his executors, administra- tors, and assigns, the messuage or tenement, known by the sign of the Blue Bell, part of the premises hereby assigned, from the first day of April, then last, for the term of fourteen years, at and under the yearly rent of three hundred dollars, payable quarterly ; which said rent of three hundred dollars, is from henceforth to be paid to the said E. F. :) And fur- ther, that he the said C. I)., and all and every other person or persons lawfully claiming or to claim the premises, by, from or under him, them, or any of them, except as afore- said, shall and will from time to time, and at all times here- after, during the remainder of the said term of years now to come and unexpired, at the request, and charges of the said E. F., make, and execute, or cause and procure to be made, and executed, all such further and other lawful and reasonable acts, and things, assignments, and assurances whatsoever, for the more perfect, and absolute conveying, assigning, and assuring the said hereby assigned premises, unto the said E. F., his executors, administrators, and as- signs, for all the rest, residue, and remainder of the said term of , which shall be then to come and unexpired, as by the said E. F. , shall be reasonably advised, or required: And lastly, the said E. F. does covenant, and promise, to and with the said C. D., that he the said E. F., shall and will from time to time, from henceforth, for and during the remainder of the said term of years, now to come and unexpired, well and truly pay the said yearly rent of three hundred dollars, at the times and in such manner as in and by the said first recited indenture of lease, the same is re- served, and which shall from henceforth grow due, and per- form all the covenants contained in the said first recited indenture of lease, which on the tenant's or lessee's part or behalf, from henceforth are or ought to be kept and perform- ed, and also shall and will from time to time and at all times hereafter, keep harmless, and indemnified, the said C. D., his executors, and administrators, of and from all damages and expenses whatsoever, which he or they shall or may bear, pay, or sustain, for or by reason or means of the non- payment of the said yearly rent or sum of three hundred dol- lars, which from henceforth shall become due and payable, or any future non-performance of any of the covenants in the said recited indenture of lease contained. And for the faithful performance of all the covenants, pro- 84 ASSIGNMENT. mises and conditions therein contained, each of the parties hereto binds his executors, administrators and assigns as well as himself. In witness, &.c. [iJO] Transfer of Shares in a Company. For value received, I, A. B., of , assign the whole of my right, title, and interest, of, in and to ten shares in stock of the Columbia Bridge Company of Pennsylvania, to C. D., of , and constitute him, his assigns, and substitutes, 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 day of Anno Domini Attest, A. B. L.S. *Vo/e. This should be acknowledged. [21] Of Shares of Stock. For value received, I, A. B., named in the thirty-one cer- tificates hereto annexed, which are numbered as follows, viz: No. to No. , assign the shares of stock therein mentioned, to C. D., of , and constitute him, his assigns, and substitutes, my attorney and attorneys, with full power to receive in his or their name or names, certificates for the said shares ; hereby obliging myself, my heirs, and executors, at the request of the said C. 1)., or his assigns and substitutes, to do all necessary matters and things for the more effectually transferring the said shares to him or them. Witness, Sic. Attest, A. B. L.S. JVo/e. This should be acknowledged. ASSIGNMENT. 85 [22] Of a, Deed. Know all men by these presents, That A. B., the grantee within named, and Mary his wife, for and in consideration of the sum of nine hundred dollars, to them in hand paid by C. D., of, &c, at and before the sealing and delivery hereof, the receipt whereof is hereby acknowledged, have grant- ed, bargained, sold, assigned, and set over, and by these presents do grant, bargain, sell, assign, and set over, unto the said C. D., his heirs and assigns, all the within men- tioned messuage, tenement, and tract of land, contain- ing, &c. Together with all and singular the rights and ap- purtenances whatsoever thereunto belonging, and the rever- sions and remainders, rents, issues and profits thereof. To have and to hold the said messuage, tenement, and tract of land, hereby granted and assigned, 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. And the said A. B. and his heirs, the said hereby granted and assigned premises, with the appurtenances, unto the said C. D., his heirs and assigns, against him the said A. B., and his heirs, and against all and every other person or persons whomso- ever lawfully claiming, by, from, or under him, them or any of them, shall and will warrant and forever defend by these presents. In witness whereof, 8tc. [23] Of a Lease. Know all men by these presents, That I, the within named A. B., the Lessee, for and in consideration of the sum of one thousand dollars to me in hand paid by C. D., of, &c, at and before the sealing and delivery hereof, the receipt whereof I do hereby acknowledge, have granted, assigned and set over, and by these presents do grant, assign, and set over, unto the said C. D., his executors, adminis- trators, and assigns, the within indenture of lease, and all that messuage, &c, thereby demised, with the appurtenances: And also all my estate, right, title, term of years yet to come, claim, and demand whatsoever, of, in, to, or out of ASSIGNMENT. the same. To have and to hold the said messuage, &c, unto the said C. D., his executors, administrators, and as- signs, for the residue of the term within mentioned, under the yearly rent and covenants within reserved and contained on my part and behalf to be done, kept and performed. In witness, &c. [24] Of a Mortgage. Know all men by these presents, that I, A. B., the mortgagee within named, for and in consideration of the sum of sixteen hundred dollars, to me paid by C. D., of, &.c, at and before the sealing and delivery hereof, the receipt where- of is hereby acknowledged, have granted, bargained, sold, assigned, and set over, and by these presents do grant, bar- gain, sell, assign, and set over, unto the said C. D., his heirs, executors, administrators, and assigns, the within deed of mortgage, and all my right and title to that messuage, &c, therein mentioned and described, together with the original debt for which said mortgage was given, and all evidence thereof, and all the rights and appurtenances thereunto be- longing. To have and to hold all and singular the premises hereby granted and assigned, or mentioned or intended so to be, unto the said C. D., his heirs and assigns, for ever, subject nevertheless to the right and equity of redemption of the within named E. F., his heirs and assigns, (if any they have,) in the same. In witness whereof, &.c. [25] Of Indenture of Apprenticeship. Know all men by these presents, That I, the within named A. B., 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 C. D., of, &c, 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, Sic. ASSIGNMENT. 87 is assignment cannot be made, unless the inden- ture 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. [26] A General Form of Assignment, by writing on the back of any Instnime ment, bill of sale, fyc. back of any Instrument, whether bond, covenant, agree- t, bill Know all men by these presents, That I, the within named A. B., in consideration of to me paid by C. JD., of, &.c, the receipt whereof is hereby acknowledged, do assign to the said C. D., his executors, administrators, and assigns, to his and their use, all my interest in the within written instrument, and every thing therein contained, and all benefit and advantage which may be derived therefrom. (A short power may be added, when proper, as follows.} And 1 constitute the said C. D. my attorney, irrevocable, with full power at his own charge, in my name, to take all legal measures and proceedings which may be necessary or proper, for the recovery and enjoyment of the assigned premises, with power of substitution. Witness my hand and seal, &.c. Notes. All assignments of clwses in action, not nego- tiable, should be transferred by deed. When an assignment of a debt is made, the assignee should give immediate notice of the assignment to the debtor, and preserve evidence of it. For if the debtor should pay the assignor without notice, the assignee would have no remedy, except against the assignor. But if, after notice, he pays the assignor, he would be liable to pay it again to the as- signee. 9 Johns. Rep. 64. In general the assignee of a chose in action takes it sub- ject to all the equity, which existed between the original parties. 2 Johns. Rep. 595. [27] Of Notes of Hand by Indenture. An Indenture of two parts made this day of, Sac, by and between A., of , of the other part. 88 ASSIGNMENT. Whereas C., of , yeoman, did, on the day of , by his deed convey to said A. sundry par- cels of real estate, situated in , and by another deed of the same date did convey to him four rights of land in , and the said C. and the said A. did, at the same time execute an Indenture bearing the same date, wherein the said A. did, among other (hings, covenant with the said C. to reconvey to him the said parcels of estate, if the said C., within nine months from the date of said Inden- ture, would pay to the said A. such sums of money as should become due on seven promissory notes of said C. in said Indenture mentioned. And whereas the said A. has this day granted, assigned, transferred and set over to the said B., all the aforesaid parcels of real estate, and six of the said notes, the other having been paid : Now this Indenture witnesses, that the said A., in consideration of dol- lars to him paid by the said B., the receipt whereof is here- by acknowledged, has granted, assigned, transferred, and set over, and by these presents he does grant, assign, trans- fer, and set over, to the said B. and his legal representa- tives, all the said promissory notes therein mentioned, (ex- cepting only one, dated , for , which was made payable on , with interest, and which has been paid,) and all and every sums or sum of money which has become or shall become due and owing, on said six notes of hand so transferred or intended to be transferred as aforesaid. And the said A. does hereby constitute and ap- point the said B. his lawful attorney irrevocable, in the name and stead of the said A., but at the costs and for the benefit of the said B. to demand, sue for, recover and receive of the said C. all and every sums and sum of money, now due, or which shall become due on or by virtue of any and all of said notes ; and to institute and prosecute all such actions and processes, as to the said B. may appear expedient, for the recovery and collection of the amount of any or all of said notes; and to demand, recover and enforce of the said C., the observance, performance and fulfilment of all and sin- fular the covenants and agreements in said first mentioned ndenture on the part of the said C. to be performed and observed: and therefor to institute, prosecute, settle, and dis- charge all needful suits and processes as aforesaid in the name of said A. ASSIGNMENT. 89 And the said A. does covenant with the said B. , that he will not revoke the power of attorney herein provided ; that he has not released or discharged, and that he will not re- lease or discharge the said first named indenture, or any part thereof: and that he will not do, or suffer to be done in his name, any thing that will delay or embarrass the said B. in obtaining for himself the full benefit of the hereby granted and assigned premises ; and that the said A. will, at all times, on request of said B., at his the said B.'s charge, execute any and all necessary and reasonable further assur- ance in the premises ; and the said A. further gives to said B. full power in his name to do all needful acts and things in and about obtaining the payment of said notes, and the fulfilment of said first mentioned indenture, and the discharge of the same. It is mutually understood by the parties, that the said A. shall be in no manner responsible for the payment of said notes, nor for the performance by said C. of any of his cove- nants and agreements. And the heirs, executors, administrators, and assigns, of each of the parties hereto, respectively, shall be entitled to all the benefits, and liable to perform all the covenants and conditions herein provided on behalf of said A. and B. re- spectively. In testimony whereof, &.c. [28] Of Money due for Freight of a Ship. To all persons to whom these presents shall come, I, A. B., of, &.c, send greeting. Know ye, that in consideration of the sum of to me paid by C. D., of, &c, the re- ceipt whereof is hereby acknowledged, I, the said A. B., have granted, sold, assigned, and set over ; and I do here- by grant, sell, assign, and set over, to the said C. D., the one full and equal thirty-second part of all such sum and sums of money, as are remaining due and owing from all persons for or on account of the ship , of the bur- then of about tons, O. P., master, for the freight, hire, or service of the said ship, or otherwise, and payable, or belonging to me the said A. B., as the owner of the said thirty-second part of the said ship, whereof I am at this 8* 90 ASSIGNMENT. time the owner : and all my right, title, interest and pro- perty of or in the same earnings of my proportion of said ship. To have and to hold the same to the said C. D., his ex- ecutors, administrators, and assigns, to his and their use and behoof forever. [Add a power of attorney to collect and recover the same.] In testimony whereof, &c. [29] Of Money due for Freight, $c. (another form.) To all persons to whom these presents shall come, I, A. B., of, &.c, master of the good ship or vessel called the , send greeting. Whereas I, the said A. B., by a charter party, or instrument in writing, dated on the, &c, did let on freight to O. P., of, &c, the one half of the said ship, on and for a voyage then about to be performed by said ship from to , which voyage has been per- formed, for the sum of , which is now due and pay- able by said O. P. to me. Now therefore know ye, &c, [as before.] [30] Of Moneys due on Account (a short form. ) Know all men by these presents, that I, A. B., of, &c, in consideration of the sum of to me paid by C. D., of, &c, the receipt whereof is hereby acknowledged, do hereby sell, assign, and set over to him the said C. D. for his own exclusive use and benefit, the sum of , as represented in the account hereto annexed, and all other sums due to me from Y. Z., mentioned in said annexed account as my debtor : with full power and authority in my name in any and every proper manner, to demand and en- force payment of the same, and to give discharges therefor. And I do hereby covenant with the said C. D., that the said sum of at least, is justly due from said Y. Z. to me the said A. B. In testimony whereof, &.c. ASSIGNMENT. 91 [31] Of a Policy of Insurance, by Indorsement. Know all men by these presents, that I, the within named A. B., for and in consideration of the sum of to me paid by C. D., of, Stc, the receipt whereof is hereby ac- knowledged, have sold, assigned, transferred, and set over, and by these presents I do absolutely sell, assign, transfer, and set over to him, the said C. D., all my right, property, interest, claim and demand, in and to the within policy of insurance, which have already arisen, or which may here- after arise thereon, with full power to use my name so far as may be necessary, to enable him fully to avail himself of the interest herein assigned, or hereby intended to be assigned. The conveyance herein made, and the powers hereby given, are for myself and my legal representatives to said C. D. } and his legal representatives. In testimony whereof, &,c. [32] Of Prize- Money, and Prizes taken at Sea. Know all men by these presents, that I, A. B., of , master mariner, late master, and now part-owner of the pri- vateer man-of-war, called the , in consideration of the sum of to me paid by C. D., of, Stc, the receipt whereof is hereby acknowledged, do hereby give, grant, sell, and assign to him the said C. D., all sums and every sum of money which are now due, or which may hereafter be- come due and payable to me, on account or in respect of my nine shares or nine one-hundredth parts in said privateer man-of-war in and to the prize-money in two vessels and their cargoes, called the , and the , hereto- fore captured by the said privateer, and which two captured vessels and their cargoes have been condemned as lawful prizes and all my interest, of every name and nature, to be derived from, or in respect of the said two prizes. To -have and to hold the same to the said C. D., his ex- ecutors, administrators, and assigns, to his and their use and behoof forever. And to the intent that the said C. D. may be the better enabled to avail himself of the benefit of what is hereby assigned, I hereby authorize him and his legal re- 92 ASSIGNMENT. presentatives to use my name at his own charge in all ways that may appear necessary. And 1 do further covenant with the said C. D., that I will at his request, and at his charge, execute to him all and every further conveyance and assurance that may be deemed necessary to enable him fully to avail himself of the benefit of this assignment. In testimony whereof, &c. [33] Of a Sailor's Wages. To all persons to whom these presents shall come, A. B., of, &c, sends greeting. Know ye, that I, the said A. B., for and in consideration of the sum of , in which I am justly indebted to C , D., of, &c, have hereby assigned, sold, and set over, and by these presents I do hereby assign, sell, and set over unto the said C. D., all such sum or sums of money as are now due and owing to me, the said A. B., for wages.or services on board the ship or vessel called the , from the master or owner of said vessel, on board of which vessel I served as a mariner on her voyage from to , which has recently terminated. And to enable the said C. D. the better to recover and receive the same, I do hereby appoint him, the said C. D., my attorney irrevocable, with full power in my name, but at his charge, to prosecute any and all persons liable therefor, and receive and recover the same, and give discharges therefor. [Add covenants that A. B. has not released, and that he will give further assurance.] In witness whereof, &c. [34] Of a Mortgage as Collateral Security with the Principal Security. Know all men by these presents, that I, A. B., the within named mortgagee, in consideration of the sum of to me paid by C. D., of, &c, the receipt whereof is hereby ac- knowledged, do hereby give, grant, assign, and set over, to the said C. D., his heirs, executors, administrators, and as- signs, the within deed of mortgage, and all my right, title, ASSIGNMENT. 93 and interest in and to the estate and property therein de- scribed, together with the [note, bond, c ac- cording to circumstances. If it was unreasonably long, or short, it might be considered fraudulent. If all the creditors reside near the debtor, 30 days, and sometimes less is enough. If scattered all over the Union, 90 days would not be too long. Six month* is short enough if any creditor lives in Europe. The assignees should give immediate notice of the time to each of the creditors. ASSIGNMENT. 99 said assignees as aforesaid, may in their discretion refer any and all disputed demands, and questions that may arise in relation to this assignment and any of the provisions there- of: and every award, or report, that shall be made on such reference, shall be binding upon each and every of the per- sons, &c, parties hereto . And the said assignees as afore- said may make such compromises of any, or all the claims and demands hereby intended to be assigned, as in their judgment may appear best for all concerned. And when the said assignees shall have proceeded so far in the sales of the property and the collection of the demands hereby as- signed, as to make it, in their judgment, expedient, they may in their discretion sell at auction all remaining ptoperty or demands, conveyed by, or arising under this assignment, and close the concern. And if they shall pay all the debts due from the said A. B. to all the parties hereto ; or if the said A. B. shall, in any manner, pay in full all his debts to the several persons, &.c, parties hereto, or obtain their several discharges therefor, then the said assignees shall convey and reassign to the said A. B., or'his assigns, all the remaining property and securities which under this assignment they shall receive. And it is further agreed by all the parties hereto, that out of the proceeds of the property hereby assigned, the said as- signees shall pay and discharge in full all the debts of said A. B. to any and all persons, whether they become parties to this assignment or not, which do not severally and respec- tively exceed the sum of fifty dollars. And it is further agreed by all the parties hereto, that all the monev or property which is in the hands of, or which is claimed by said A. B. in trust for any and all other persons, shall be excepted from this assignment, and the same shall be paid or assigned by said A. B. in the manner in which it should be in equity, for the purpose of executing and dis- charging his trusts. And it is further agreed by all the parties hereto as afore- said, that if any creditor of, or claimant on the said A. B., who shall become party hereto, and whose name shall be borne on said schedule C, shall be of opinion that on the customary principles on which assignments are made, his demand ought to be preferred or paid in full, or in any greater degiee than the other debts enumerated on said schedule C such question shall be decided by a reference 100 ASSIGNMENT. to three persons ; one, to be appointed by such claimant, one by the said A. B., and one by said assignees and the decision of said referees, or a majority of them, made after notice to the parties to be heard, shall be binding on all the parties hereto ; provided, however, that no such report or award shall have any binding force, unless the same shall be made in writing within sixty days from the day of the date hereof. It is understood that the said schedule D is not entirely correct and it is agreed that it shall be corrected as facts may be disclosed requiring correction in it. In testimony of our intention severally, in good faith to fulfil, perform, and abide by all the covenants, provisions, and conditions herein contained, we have severally hereunto set our hands and seals, on the day first herein mentioned. A. B. L. s. C. D. L. s. E. F. L. s. W. X. L. S. Y. Z. L. B., &C. In presence of JVb/es. The foregoing assignment is intended to be full, and to embrace most of the covenants and provisions that are required in complicated cases of extensive dealing. When the concerns of the debtor are not complicated and extensive, many of the provisions may be omitted, of which any con- veyancer of tolerable experience will be a competent judge. A short form of such assignment. is subjoined, and more or less of the provisions in the longer form, may be embraced according to the circumstances of the case. Assignments of the kind provided in these forms, have heretofore been viewed with some jealousy and doubt, by judges and jurists. But now their validity seems generally to be admitted. Some ancient decisions, and many recent ones, show that they now meet the approbation and obtain the sanction of the Exchequer Court in England, of the Cir- cuit Court of the United States, in the first and some other Circuits ; of the highest courts in Maine, Massachusetts, Pennsylvania, and, it is believed, according to the last decis- ions, in New York. The denial of the validity of these assignments, is not now supported by any authority of much weight. They seem to ASSIGNMENT. 101 have been so generally sanctioned, that they have become a part of the settled law of the country. The common objections to them, when they provide a conveyance of all the debtor's estate, are that they pro- vide for a release of the debtor, and an unequal distribution of the effects assigned ; and for these reasons courts are urged to pronounce them fraudulent. But, generally, the objector seeks for a greater inequality than the assignment itself provides. [35] Of a Debtor to a Trustee for the benefit of Creditors (o short form.} This Indenture of three parts, made on the first day of March, in the year of our Lord, &c, by and between A. B., of , trader, of the first part, C. D., of , trader, of the second part, and E. F., of , mer- chant, and the several other persons, being creditors of said A. B., and subscribers hereto, of the third part, witnesses That the said A. B., in consideration of the covenants hereinafter provided, has sold and assigned, and by these presents he does sell and assign to the said C. D., all his the said A. B.'s property and claims and demands of even- name and nature, which are intended to be truly stated in a schedule, marked A., which is hereto annexed, as a part of this Indenture. To have and to hold the same to him, the said C. D., with full power to use the name of said A. B. in every man- ner which may be needful, in and about collecting said de- mands and vending said property : And this conveyance is made to said C. D. upon the TRUSTS following, to wit. That the said C. D. shall proceed with diligence to sell said property and collect said debts, in the manner that to him may appear best for all concerned : and all and whatsoever of said property shall remain unsold, and of said debts shall remain uncollected at the end of one year from the date hereof, the said C. D. shall forthwith cause to be sold at auc- tion, for cash, and thereupon close the concerns of this trust. And the money that shall so be collected, the said C. D. shall apply, first to pay the costs and charges of making this assignment and carrying it into full effect, including a 102 ASSIGNMENT. just compensation to said C. D. for executing the trusts ; and, secondly, he shall pay and divide all the residue there- of among the several persons, parties hereto, creditors of said A. B., in the proportion of the amount of their several just demands against him. And the said A. B. further cove- nants with said C. D., that if by accident or otherwise, any of his property, or right to property, is omitted and not nam- ed in said schedule A, as soon as the same shall be discov- ered, he the said A. B. will convey all such his omitted property and rights to property to the said C. D. for the pur- poses aforesaid. And the said C. D. accepts the trusts herein provided, and covenants with the party of the first part, and with each and every of the persons, party of the third part, that he will with diligence and fidelity execute the said trusts, and sell, and collect said property and demands, and pay out the proceeds according to the terms and provisions herein re- cited. And the said E. F. and the other persons, creditors of said A. B. and parties hereto, do severally accept said assign- ment, and approve of the terms and conditions thereof; and in consideration thereof they do severally release and dis- charge the said A. B. of and from all and singular their several claims and demands against him of every name and nature. And all the conveyances, covenants, powers, re- leases, and conditions herein contained, shall extend and ap- ply to the several executors, administrators, and assigns of the several persons parties hereto, as well as to themselves. In testimony whereof we have hereunto set our hands and seals on the day first herein written. A. B. L. s. C. D. L. s. E. F. L. s., &c. In presence of 103 AWARD. [1] A Reference, on appointment of an Umpire by the Referees, and an Award by that Umpire. Whereas by Articles of Copartnership, bearing date the first day of January, A. D. 1821, made between A. B., of the first part ; C. D., of the second part ; and E. B., of , eldest son of the said A. B., of the third part : It is witnessed, that for the considerations therein mentioned, they the said parties thereto did become, and agree to con- tinue partners and joint traders together, in the art, trade, mystery, or business of a merchant, from the day of the date thereof, for and during their joint lives, and the joint lives of those of the said three which should happen to survive : And that from and after the day of , which should be in the year of our Lord , they the said parties should each of them have a several right, interest, and property in and to one full third part of the stock and utensils in trade, which should belong to the said partner- ship, and in and to the increase and gain that should grow or arise by the means of the said joint trade : And it was by the same articles, amongst other things, declared and agreed, by and between the said parties thereto, that when and so often as any controversy, difference, or dispute, should happen or arise between the said parties, their executors, administrators, or assigns, or any of them, touching or con- cerning the said partnership or the joint stock or trade there- of, or in respect of any matter or thing not thereby fully determined, set down, explained, or declared ; then, and in every such case, before any suit in law or equity should be commenced, each of the said parties and his executors, administrators, and assigns, should refer the consideration of every such controversy, difference and question, to two discreet and indifferent persons, to be named and appoint- ed by the parties so contending, who should hear and de- termine the same ; and in default of their determination and award therein, that they should have power to elect and make choice of a third person for umpire, who alone should hear and determine such controversy, difference, and dis- pute ; and whatever award touching or concerning such controversy, difference, or dispute, should be made and de- 104 AWARD. livered, or given in writing, indented, under the hands and seals of such arbitrators, within thirty days next after their election, or under the hand and seal of such umpire within fifteen days next after his election, each of the several par- ties thereto, and his and their executors and administrators respectively, should well and truly abide by, perform, and fulfil, as in and by the said in part recited articles, relation being thereto had, may appear. And whereas the said E. B., departed this life intestate, on or about the day of . which was in the year of our Lord , but no letters of administration have yet been granted of his estate and effects : And whereas the said A. B. also de- parted this life on or about the day of , which was in the said year , having duly made and published his last will and testament in writing, with a codicil thereto, and appointed his wife F. B., sole executrix there- of, who dying in the lifetime of the said A. B., adminis- tration of his estate and effects, with his will and codicil annexed, has been duly granted by to his son G. B.: And whereas differences have arisen between the said C. D., and the said G. B., as administrator of the said A. B., as aforesaid, with regard to a demand of one thous- and dollars, made by the said C. D., for the charge and ex- pense of his keeping sundry horses several years before the decease of the said E. B., in order to perform the said co- partnership business; and likewise as to a demand of five hundred dollars made by the said C. D., for the expense of his keeping sundry horses after the decease of the said E. B., to the death of the said A. B.* Now therefore know ye, that we the said C. D. and G. B., have nominated and ap- pointed, and by these presents do nominate and appoint W. X., of , and Y. Z., of , two discreet and indifferent persons to be arbitrators between us, to whom we refer the consideration of the said differences, to hear and determine the same. In witness, &c. The Election of an Umpire. To ALL to whom these presents shall come, we W. X. of , and Y. Z., of , send greeting: Whereas [here insert the same recitals as in the Reference as far **, and proceed as follows,'] which said differences were AWARD. 105 referred by the said C. D. and G. B., to the consideration of us the said W. X. and Y. Z., to hear and determine the same, and we not being able to compromise and determine such differences, have therefore elected and made choice of, and by these presents do elect and make choice of O. P., of , for umpire, to hear and determine the said differ- ences between the said C. D. and G. B. In witness, &c. The Award. Whereas [here insert the same recitals as in the first deed.] And whereas differences have arisen between the said C. D. and the said G. B., as administrator of the said A. B. as aforesaid, with regard to a demand of one thousand dollars, made by the said C. D., for the charge and expense of his keeping sundry horses, several years before the decease of the said E. B., in order to perform the said co-partnership business ; and likewise as to a demand of five hundred dol- lars made by the said C. D., for the expense of his keeping sundry horses after the decease of the said E. B., to the death of the said A. B., which said differences have been referred by the said C. D. and G. B., to the consideration ofW. X.,of , andY. Z., of , two dis- creet and indifferent persons named and appointed by the said C. D. and G. B., to determine the same : And where- as the said two arbitrators, not being able to compromise and determine the said differences, did, on the day of , elect and make choice of me the said O. P., for umpire to hear and determine the same : Now therefore know ye, that I the said O. P., having fully considered all matters relating to the premises, do by this my award and umpirage, award, order, decree, and adjudge, that the said C. D., his executors, administrators, or assigns, shall be paid and allowed the sum of three hundred dollars, by and out of the estate and effects in co-partnership between the said A. B., C. D.,and E. B., at the time of the decease of the said E. B., in full payment, satisfaction, and dis- charge, _ of and for all moneys, debts, and demands, due or owing unto the said C. D., by the said partners in co- partnership, in respect of his being at the expense of pro- viding and keeping sundry horses, to attend the said co- partnership business previous to the decease of the said E. B.: And J do hereby award, order, decree, and adjudge, tnai tue said C. D., his executors, administrators, or assigns, shall likewise be paid and allowed the sum of one hundred dollars, by and out of the estate and effects in co-partner- ship, between him and the said A. B., at the time of the decease of the said A. B., in full payment, satisfaction, and discharge, of and for all moneys, debts, and demands, due or owing to the said C. D., in respect of his being at the expense of providing and keeping sundry horses, to attend the said co-partnership business, from the decease of the said E. B., until the death of the said A. B. In witness, &c. Award of Referees by Indorsement. We, A. B. and C. D., two of the arbitrators within named, having taken upon us the burthen of the within arbitrament, notified, met and heard the parties and their allegations, and deliberately considered thereof, do make this our award upon and concerning all and singular the matters and things to us referred, in manner following, viz. : First we do award and or- der, that the within bounden E. F., shall and do, on or be- fore the day of next, by such deed or deeds as the within named G. H., his heirs or assigns, or his or their counsel shall advise, well and sufficiently grant, convey, and assure unto the said G. H., his heirs and as- signs for ever, a certain messuage, and piece of ground, situated in . And that upon the execution of the said conveyance, the said G. H. shall pay, or cause to be paid, unto the said E. F., the sum of dollars, and shall also give security by bonds and mortgage, of the pre- mises, (if required) for the payment of the sum of dollars, in manner following, to wit, &c. And lastly, we award, that all controversies shall cease between the parties, and that each of them shall seal and execute a general re- lease in writing, unto the other of them, of all actions, suits, and demands, to the day of the date of the within obligation. ID witness, &c. By an Umpire by Indorsement. Whereas [recite the bond.] And whereas the said arbi- trators did not make any award in the premises, within the time for that purpose limited as aforesaid ; but by writing under their hands, dated the sixth day of April now last past, AWARD. 107 did agree, that I, A. B., should be the umpire concerning the same. Now, &c. [2] Upon a Rule of Reference made at the Trial of a Cause. Whereas, at a Court of Common Pleas held at on the day of , a cause came on there to be tried, wherein K. L., of , was plaintiff, and M. N., of , was defendant, and on such trial, by con- sent of both parties, their counsel and attorneys, an order or rule was then made, that the said case should be referred to A. B., C. D., and E. F., three of the jury, or any two of them, to hear and determine all the said differences, so as the said A. B.,C. D., and E.F., or any two of them, should make and publish their award in writing, on or before the day of next : Now we the said A. B., C. D., and E. F., in pursuance of the said order or rule of reference, having notified, met and heard both the said parties, their al- legations, and answers, touching the matters in difference between them, and having thoroughly considered of the same, do award, order, and adjudge, of and upon the premises, in manner and form following: First, we do award and order that the said K. L. shall consent that the sum of five hun- dred dollars, paid by him into the said Court of Common Pleas, be received out of the said Court by him the said M. N., to the proper use of him the said M. N. Secondly, we do award and order, that the said K. L. shall well and truly pay, or cause to be paid, unto the said M. N. the sum of seven hundred dollars, on the day of next, at the house of Y. Z., of , between the hours often and twelve of the clock of the same day. Thirdly, we do award and order, that the said M. N. shall, upon the receipt of the said five hundred dollars out of the said Court of Common Pleas, and on payment of the said sum of seven hundred dollars, execute unto the said K. L. a general re- lease of the matters to us referred, and that the said K. L. shall at the same time execute unto the said M. N. the like release. In witness, &c. 108 AWARD. [3] tAn Jlward by two Arbitrators. To all persons to whom these presents (or if necessa)*y from the form of the submission; say, this present writing of award, indented, fyc,) shall come, We, A. B., &.c, and C. D., &c, send greeting : Whereas divers suits, variances, and controversies, have been, and yet are depending between W. X. of, &c, and Y. Z. of, &c, for the appeasing, pacifying, ordering and deter- mining whereof the said W. X. and Y. Z. have submitted themselves, and are become bound to each other by their several obligations, dated the day of in the sum of with conditions thereunder written to stand to, abide, perform, and keep the award, arbitrament, deter- mination and judgment of us the said A. B. and C. D. ar- bitrators indifferently elected and chosen as well on the part of said W. X. as of the said Y. Z., to award, arbitrate, de- termine and adjudge, of and concerning all demands, suits, judgments, executions, and controversies, whatsoever, had, and depending between the said W. X. and Y. Z. from the beginning of the world to the day of the date hereof, (or of the said obligations), so always as the said award, arbitra- ment, determination and judgment of us the said A. B. and C. D. in and concerning the premises, be made and put in writing, (or indented), under our hands and seals, on or be- fore the day of as by said obligation and condition, reference thereto being had, more fully appears. Now know ye that we the said A. B. and C. D. arbitrators as aforesaid, taking upon us the charge of the said arbitra- ment and award, and having notified and met the parties, deliberately heard, examined and considered their allegations, witnesses and evidence in and concerning the premises, and being minded to settle all controversies between them, the same concerning, do therefore make and put in writing this our award, arbitration and judgment, (or, do by these pres- ents arbitrate, fyc,) between the said parties, of and con- cerning the premises, in manner and form following, to wit: First, we do award, arbitrate and determine, by these pres- ents, that the said W. X., his executors and administrators, shall pay to the said Y. Z., his executors, administrators and assigns, the sum of five hundred dollars within sixty days from the day of the date hereof. And we the said arbitrators AWARD. 109 do further award that eacli of them the said W. X. and Y. Z. shall make, execute, and deliver to the other, a general release, in writing, under seal, of all manner of actions, caus- es of action, controversies, and demands whatsoever, from the beginning of the world to the date hereof, (or, of the ob- ligations aforesaid.) In witness whereof the said arbitrators have hereunto set their hands and seals this day of (or, in witness whertof the said arbitrators to both parts of this award, in- dented, have hereunto, Sfc.) The following clauses may be inserted according to cir- cumstances. To deliver Goods. That the said W. X. shall freely deliver up to the said Y. Z., on request by him to be made, one trundle bedstead and bed, with pair of sheets thereunto belonging, one mahogany bureau, one silver tankard, &.c, all of which were the goods of one O. P., and were by him heretofore sold to the said Y. Z. To deliver Writings. That the said W. X. shall freely deliver up to the said Y. Z. at his dwelling-house in within sixty days from the day of the date hereof, the deeds, (leases, bills of exchange, notes of hand, fyc, us the case may be) follow- ing, to wit, (describe the papers to be delivered up parlic- nlarlij ) To give Bond, Sfc, to pay Money* That the said W. X. shall, within ten days from the time he shall have notice of this award, well and truly execute and deliver to the said Y. Z. his bond in common form, io the penal sum of one thousand dollars, conditioned for the payment of live hundred dollars to said Y. Z., his ex- ecutors, &c, within sixty days from the date hereof, (or, his no/c of hand, dated on the day of the date hereof]) for the payment to said Y. Z. or his order, in sixty days, of the sum of five hundred dollars. 10 no To deliver up Writings to be cancelled. That the said W. X. shall forthwith deliver up to said Y. Z. to be cancelled, the following described deeds, leases, notes of hand, promises and contracts iu writing, [particularly describe them?] [4J By Referees under a Rule of Court on the reference of an Action. We, the undersigned, (*Referees appointed by the within rule of court,) having notified and met the parties, and heard their several allegations, proofs and arguments, and duly considered the same, do award, and determine, that the with- in named W. X. shall recover of the said Y. Z. the sum of together with the costs of court, and the costs of this reference, which last is , and that the same shall be in full of all matters within referred to us. Boston, March 1, 1832. A. B. ) C.D.V Referees. . F. \ [5] By Referees on Reference of an action by rule of Court. We, the undersigned, (fReferees appointed as by the within rule of court), having notified and met the parties, and heard their several proofs and allegations, and duly con- sidered the same, do award and determine, that the within named W. X. shall recover nothing of the within named Y. Z. (or that neither of the within named parties shall re- * If only two of the referees agree, instead of the words inclosed in brackets, say, ' a major part of the referees appointed by the within rule of court, C. D., the other referee, who has not signed the award, having beeu present at the hearing,' and it should be signed A. B. ) A major part of C. D. ) the referees. t If only two of the referees agree, state as in the last case. BILL. Ill cover any thing of the other), and that each party shall pay his own costs of court. And that the said shall pay the costs of this Reference, which are taxed at $ Boston, March 1. 1832. A.B.) C. D. } Referees. E.F.J Notes. The award must follow the submission. If the submission be on condition that the award be in writing, or under seal, or made or delivered on or before a certain day, in such cases if the award be made after the day nam- ed, or be not in writing, or not under seal, Stc, it will be void. An award changes the property of personal chattels. If there be a dispute between A. and B. in relation to a horse, or other thing, and after submission the arbitrators award it to A. he may maintain his action for it. If two copartners refer all matters in dispute between them, by bond, with full powers, the referees may award a dissolution of the copartnership. BILL. [1J Single. Know all men by these presents, That I, A. B. of , do acknowledge myself to owe and be indebted unto C. D. of , in the sum of , lawful money of the United States, to be paid to the said C. D. his executors, adminis- trators, or assigns, upon the day of next ensuing the date hereof; to which payment well and truly to be made, I bind myself, my heirs, executors, and adminis- trators, firmlv by these presents. In witness, &c. A. B. L.S. 112 [2] Penal This bill binds me, A. B. of in the sum of four hundred dollars, to be paid unto C. D. his executors, admin- istrators, or assigns, on or before the day of , which will be in the year , together with lawful in- terest for the same : For the true payment whereof, I do bind myself, my heirs, executors, and administrators, unto the said C. D. his executors, administrators, and assigns, in the penal sum of eight hundred dollars. In witness, &.c. A. B. L.S. [3] Judgment. This bill binds me, A. B. of , in the sum of two hundred dollars, to he paid unto C. D. his executors, ad- ministrators, or assigns, on or before the day of , which will be in tho year , together with lawful in- terest for the same : for the true payment whereof I do bind myself, my heirs, executors, and administrators, unto the said C. D. his executors, administrators, and assigns, in the penal sum of four hundred dollars. And further,! do here- by empower any attorney of any of the courts of record of this state, or elsewhere, to be appointed by said C. D., to appear for me, and after one or more declarations filed for the above penalty, ic any action, thereupon to confess judg- ment or judgments against me, as of the next, or any other subsequent term, of any court in which it may be brought, with stay of execution till the said day of , in the year and release of errors. In witness, &.c. wer to confess judgment may also be added after a common bond. In Pennsylvania, by virtue of a special act of assembly, judgment may be confessed without any declaration having been filed, the prothonotary being empowered to enter judgment, on the mere presentation of the bond or bill or note, containing a warrant of attorney for that purpose. flc<24 Feb. 1806. BILL OF EXCHANGE. 113 I -3 WH ^3 a 114 BILL OF EXCHANGE. BILL OF EXCHANGE. 115 1 O i* 1 O S I Si < ! "6 i s-l "o ** S 8 ^11 I BILL OF EXCHANGE. d 1 BILL OF SALE. 117 BILL OF SALE. [1] Of Goods. Know all men by these presents, that I, A. B., of , merchant, for and in consideration of the sum of nine hundred dollars to me in hand paid by C. D., of the same place, at and before the sealing and delivery of these presents, the receipt whereof is hereby acknowledged, have bargained, sold, and delivered, and by these presents do bargain, sell, and deliver, unto the said C. D., [here insert the particulars of the goods sold:] To have and to hold the said goods, unto the said C. D., his executors, administrators, and as- signs, to his and their own proper use and benefit, for ever. And I, the said A. B., for myself and my heirs, executors, and administrators, will warrant and defend the said bargain- ed premises unto the said C. D., his executors, administra- tors, and assigns, from and against all persons whomsoever. In witness whereof, &c. [2] Of Goods and Chattels. Know all men by these presents, that I, A. B., of in consideration of five hundred dollars, to me in hand paid by C. D., of , at and before the sealing and de- livery of these presents, the receipt whereof I do hereby acknowledge, have granted, bargained, sold, and confirmed, and by these presents do grant, bargain, sell and confirm, unto the said C. D., all the goods, household stuff, and im- plements of household, and all other goods and chattels, whatsoever, mentioned in the schedule hereunto annexed, now remaining, and being in : To have and to hold all and singular the said goods, household stuff, and imple- ments of household, and every of them, by these presents granted, bargained, sold, and confirmed, unto the only proper use and behoof of the said C. D., his executors, administra- tors, and assigns for ever, freely, quietly, peaceably, and entirely, without any claim, disturbance, or hindrance of any person whatsoever, and without any account to me, or to any other person, to be made, answered, or hereafter to be 118 BILL OF BALE. rendered; so that neither I, the said A. B., nor any other person for me, or in my name, may exact, claim or demand, at any time hereafter, any right, title, or interest, in, or for the said goods, household stuff, and implements of house- hold, or any part or parcel thereof, but from all right, title, claim, and interest thereof, shall be wholly barred and ex- cluded, by force and virtue of these presents. And 1, the said A. B., for myself, my executors, and administrators, do warrant and will for ever defend all and singular the said goods and household stuff unto the said C. D., his execu- tors, administrators, and assigns, against me the said A. B., my executors, administrators, and assigns, and against all nnd every other person and persons; of which goods, house- hold stuff, implements of household, and all other goods and chattels whatsoever mentioned in the schedule hereunto an- nexed, I, the said A. B., have put the said C. D. in full possession, by delivering him one sofa, and one table, being a part of the said goods and chattels, in the name of the whole thereof, at the time of the sealing and delivery hereof. In testimony whereof, I have hereunto set my hand and seal, this first day of March, A.D. 1832. Signed, sealed, and delivered, and possession of said goods given by the said A. B. to the said C. D. in presence of us. Note. If the vendor is suffered to remain in possession after an absolute bill of sale, it will be evidence of fraud, and the bill of sale may be set aside in favour of creditors. [3] Of a certificate of manufacturing or other Stock, by indorsement. Know all men by these presents, That I, A. B., of, &c, within named as the owner of ten shares of the capital stock of the Manufacturing Company, which shares are numbered from 91 to 100 inclusive, in consideration of ten thousand dollars to me paid by C. D., of, &c, the receipt whereof I do hereby acknowledge, do hereby give, grant, sell, and transfer, to the said C. D., the said ten chares of the BILL OP SALE. 1 1ft capital stock of the said Manufacturing Com- pany. To have and to hold the same to him, the said C. D., with all the dividends that may hereafter be declared there- on, and all the privileges and appurtenances to the same be- longing, in the same manner in which I now hold the same, and subject to all the claims and liabilities thereon, arising from the proceedings of said company. Witness my hand and seal this first day of March, A. D. 1832. A. B. L. s. Witness Note. This bill of sale should be acknowledged before a justice of the peace. [4] Of a registered Vessel. Know all men by these presents, That we, A. B., of, &.C, and C. D., of, &.C, for and in consideration of fifteen thousand dollars to us paid by Y. Z., of, &.c, the receipt whereof is hereby acknowledged, have granted, bargained, sold, assigned, and set over, and by these presents we do hereby grant, bargain, sell, assign, and set over, to him, the said Y. Z., his executors, administrators, and assigns, for- ever, all that good ship or vessel, called the Atlantic, now lying at the Long Wharf in said , together with all and singular the masts, sails, yards, anchors, cables, rigging, implements of war, naval and other stores, boats, oars, tackle and apparel, muniments and appurtenances whatso- ever, to the said ship or vessel belonging, or in any wise appertaining ; which said ship or vessel has been duly registered, pursuant to the acts of Congress for that pur- pose ; and the certificate of her registry is as follows : [Here recite the whole certificate of registry verbatim.] To have and to hold the said ship Atlantic, and all other the above bargained premises, to him the said Y. Z., his executors, administrators, and assigns, to his and their own use and behoof forever, as their own property. And we, the said A. B. and C. D., hereby for ourselves and our re- 120 BOND. spective executors and administrators, do covenant with the said Y. Z. in manner following, that is to say ; that at the time of executing this bill of sale, we are the sole owners of the above granted premises, and have good right to sell and convey the same to the said Y. Z. as aforesaid ; and that the same are free from all incumbrances. In witness whereof, &c. [5] A bill of Sale of an enrolled Ship or Vessel. [The form for this should be similar to the last form, ex- cepting that the certificate of enrolment should be recited instead of the certificate of registry.] JVbfe. If a vessel be at sea, a bill of sale of her is good, prima facie, against the claims of all persons. And it is only subject to be defeated by the negligence of the vendee in taking possession of her after her return. Putnam \. Dutch, 8 M. R. 287. BOND. [1] Common Form. Know all men by these presents, That I, A. B., of the city of Cincinnati, and state of Ohio, merchant, am held and firmly bound unto C. D., of the said city, gentleman, in the sum of one thousand dollars, [this amount is called the penal sum, and is commonly double the amount of the real debt, in order to cover interest, costs, and other contingencies] rand lawful money of the United States, to be paid to said C. D., his executors, administrators, and assigns ; to which payment well and truly to be made, I do bind my- self, my heirs, executors, and administrators, and every of them firmly by these presents. Sealed with my seal, da- ted the first day of March, A. D. one thousand eight hundred and thirty-two. The condition of this obligation is such, that if the above bound A. B., his heirs, executors, and administrators, or any of them, shall and do well and truly pay, or cause to be paid, unto the above named C. D., his executors, administrators, and 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, in the year of our Lord one thousand eight hundred and thirty-three, without fraud or further delay, then this obligation to be void and of no effect, or else to remain and be in full force and virtue in law.* In witness whereof, &c. A. B. L. s. Signed, sealed, and delivered in presence of E. F. [2] From Two to One. Know all men by these presents, That we, A. B. and C. D., both of the city of Baltimore, and state of Maryland, merchants, are held, and firmly bound unto E. F., of the said city, gentleman, in the sum of five hundred dollars, good and lawful money of the United States, to be paid to the said E. F., his executors, administrators, or assigns, to which payment well and truly to be made, we bind ourselves, and each of us, by himself [if one of the obligors be a woman, write thus, viz. by him and herself,} for and in the whole, and the heirs, executors, and administrators, of all and each of us, firmly by these presents. Sealed with our seals, dated this tenth day of April, in the year of our Lord one thousand eight hundred and thirty-two. The Condition of this obligation is such, that if the above bound A. B. and C. D., or either of them, their or either of their heirs, executors, or administrators, do and shall well * By adding the following, after ' virtue in law,' it becomes a judg- ment bond : ' And further, I do hereby empower any attorney to be appointed by said C. D. , of any of the courts of record of this State, or elsewhere, to appear for me, and after one or more declarations on any suit to be filed for the above penalty, thereupon to confess judg- ment or judgments against me, as of the next, or any other subsequent term, with stay of execution till the said day of , in the year , and release of errors. ' 12 122 BOND. and truly pay, or cause to be paid to the said E. F., his ex- ecutors, administrators, and assigns, the full sum of two hun- dred and fifty dollars, lawful money, aforesaid, with legal interest for the same, on or before the day of , which shall be in the year of our Lord one thousand eight hundred and thirty-three, then this obligation to be void, oth- erwise to be and remain in full force and virtue. In witness whereof, &c. [3] From Three to Three. Know all men by these presents, That we, A. B., of , C. D., of , and E. F., of , are held, and firmly bound to G. H., of , I. K., of , and L. M., of , in the sum of dollars, to be paid to the said G. H., I. K., and L. M., or some of them, or their executors, administrators, or assigns ; to which pay- ment well and truly to be made, we bind ourselves, aad every of us by himself, for and in the whole, our respective heirs, executors, and administrators, and every of them, firm- ly by these presents. Sealed, &c. The Condition, &c. [4] From Several, Male and Female. Know all men by these presents, That we, A B., of the city of Philadelphia, hatter ; C. D., of the said city, tanner ; E. F., of the borough of Norristown, painter; G. H., of the said borough, druggist ; and I. J., of the city of Lancaster, gentleman; K. L. and M. N., likewise of the said city of Lancaster, distillers, and co-partners in trade ; O. P., of , spinster, and Q. R., of , widow, all in the state of Pennsylvania ; are held, and firmly bound to Y. Z., of the city of Philadelphia, merchant, in the sum of five thousand dollars, to be paid unto the said Y. Z., his execu- tors, administrators, and assigns, for the true payment where- of, we bind ourselves and each of us, by himself and herself, for the whole and every part thereof, our and each of our heirs, executors, administrators, and each of them, firmly by these presents. Sealed with our seals, and dated the The Conditions, &.c. 123 [5] jFroro Three to One. Know all men by these presents, That we, A. B., C. D., and E. F., all of the city of Philadelphia, and state of Penn- sylvania, merchants, are held and firmly bound unto G. H., of the said city, merchant, in the sum of one thousand dol- lars, good and lawful money of the United States, to be paid to the said G. H., his executors, administrators, and assigns; to which payment, well and truly to be made, we bind our- selves and every one of us by himself [but if a female be an obligor, then as the last] for and in the whole, our heirs, ex- ecutors, and administrators, and every of us firmly by these presents. Sealed, &c. The Condition of this obligation is such, that if the above bound A. B., C. D., and E. F., or either or any of them, their or either or any of their heirs, executors, or adminis- trators, do and shall, &c. [6] From One to Two. Know all men by these presents, That I, A. B., of the city of Philadelphia, and state of Pennsylvania, merchant, am held and firmly bound unto C. D. and E. F., both of the said city, gentlemen, in the sum of one thousand dollars, good and lawful money of the United States, to be paid to the said C. D. and E. F., or one of them, or to their executors, administrators, or assigns ; to which payment well and truly to be made, I bind myself, my heirs, executors, and admin- istrators, firmly by these presents. Sealed with my seal, dated this tenth day of April, in the year of our Lord one thousand eight hundred and thirty-two. The Condition of this obligation is such, that if the above bound A. B., his heirs, executors, or administrators, do and shall well and truly pay or cause to be paid, to the above named C. D. and E. F., or either of them, their or either of their executors, administrators, or assigns, the full sum of five hundred dollars, lawful money aforesaid, then this ob- ligation to be void, and of no effect, otherwise to remain and be in full force and virtue in law. 124 [7] Bond with Wan-ant of Attorney to confess Judgment. Know all men by these presents, That I, A. B., of , in the county of , and commonwealth of , am held and firmly bound unto C. D. of , in the sum of one thousand dollars, to be paid unto the said C. D., or his executors, administrators, or assigns ; to which pay- ment, well and truly to be made, I do bind myself, my heirs, executors, and administrators, and each of them, firmly by these presents. Sealed with my seal, dated the day of The Condition of this obligation is such, that if the above bound A. B., his heirs, executors, administrators, or any of them, shall and do well and truly pay or cause to be paid, unto the above named C. D., his executors, administrators, or assigns, the just and full sum of five hundred dollars, with legal interest for the same, on or before the day of , then this obligation to be void, and of no effect, or else to be and remain in full force and virtue. Attest, A. B. L. s. To Y. Z., esquire, attorney of the Court of Common Pleas of the County of , in the State of , or to any other attorney of the said court, or of any other court elsewhere. Whereas I, A. B., of , by a certain obligation, bearing even date herewith, do stand bound unto C. D., of , in the sum of , [penally,] conditioned for the payment of , [rea/ debt.] These are to de- sire and authorize you or any of you, on the request of said C. D., to appear for me, my executors, or administrators, in the said court, or elsewhere, in an action of debt there or elsewhere brought, or to be brought, against mo, my execu- tors, or administrators, at the suit of the said C. D., his ex- ecutors, administrators, or assigns, on the said obligation, as of any term, the present, or any other subsequent term of the said court or any other court, there or elsewhere to be held, and confess judgment thereupon against me, my executors, or administrators, for the said sum of \penalty,] debt, besides costs of suit, by won sum informatus, BOND. 125 nikil dicit, or otherwise, as to you shall seem meet : and for your, or any of your so doing, this shall be your sufficient warrant. And I do hereby for myself, my executors, and administrators, remise, release, and for ever quit claim unto the said C. D., his executors, administrators, and assigns, all and all manner of error and errors, defects, and imperfec- tions whatever, in the entering of the said judgment, or any process or- proceedings thereon, or thereto, or in any wise touching or concerning the same. In witness whereof, I have hereunto set my hand and seal the day of Sealed and delivered, Stc. A. B. L.S. Attest, O. P. [8] Jl Bond without penally, or a single Bond. Know all men by these presents, That I, A. B., of, &c, am justly indebted to C. D., of, &c, in the sum of one thous- and dollars, to the payment whereof well and truly to be made within thirty days from the day of the date hereof, I bind myself, my heirs, executors, and administrators, firmly by these presents. In testimony whereof, I have hereunto set my hand and seal, this day of A. B. L.S. Attest, Y. Z. [9] A Bond or Bill of Credit. This sealed instrument in writing, witnesses : That I, A. B., of merchant, divers good causes and consid- erations me thereunto moving, do undertake and covenant with C. D., of, &c, merchant, that if he will deliver to Y. Z., of } gentleman, or to his order, to his use, a sum of money, or such goods as said Y. Z. shall desire, not exceeding the amount of one thousand dollars in value ; or a part money and a part goods, not exceeding the value of one thousand dollars in the whole ; and if the said C. D. shall take of said Y. Z. an acknowledgment under his hand 12* 126 BOND. and seal, stating that he received of said C. D. the said money or goods and that the same were delivered on the credit of this writing, then I, and my legal representatives, having such acknowledgment delivered to me or them, shall and will on demand pay to said C. D., or his legal represen- tatives, the amount so to be acknowledged by the said Y. Z. to be by him so received of said C. D., with interest ; to the which payment well and truly to be made, I bind myself and my legal representatives, firmly by these presents. In witness whereof, &.c. A. B. L. s. Attest, O. P. [10] From several persons, severally, for different Sums. Know all men by these presents, that we, A. B. of , C. D. of , and E. F. of , are severally and respectively indebted, and stand bound and obliged to Y. Z. of , in the several sums follow- ing, to wit : the said A. B. in the sum of two thousand dol- lars, the said C. D. in the sum of one thousand dollars, and the said E. F. in the sum of five hundred dollars, to the payment whereof to the said Y. Z. his executors, &c, well and truly to be made, each of them for his respective debt does hereby bind and oblige himself, his heirs, .c, severally and respectively, but not jointly, nor one for the other, firmly by these presents. Sealed with our seals. Dated, &.c. [11] To Church Wardens. are held, &c, to W. X. of , and Y. Z. of , church wardens of church, in the sum of to be paid to the said church wardens, their executors, adminis- trators, assigns, or successors in office, for the use of said church, &c. BOND. 127 [12] From an Incorporated Company. that the said company are held, &c, unto A. B. of, &c, in the full sum of to be paid, &c. To the payment whereof the said company do hereby bind themselves. In witness whereof the said company have caused their corporation seal to be hereunto affixed by O. P. the president of said company, who was thereto duly au- thorized, this first day of March, in the year of our Lord, &c. [13] J) short Power of Attorney, to be incorporated in any bond, or condition, at pleasure. And I, the said A. B. [naming- the obligor] do hereby au- thorize and empower any attorney of any court of in this State, to be appointed by the said C. D. [naming the obligee,'] to appear for me in any court, at any term, whereat the said C. D. may commence and prosecute a suit against me the said A. B. on this bond, and at such term of said court, or at any subsequent term thereof, in my name to confess judgment against me for the amount appearing by this bond to be due, with a stay of execution till the time herein limited for payment, if the same shall not then have Note. In most of the following cases the condition only is presented. The bond preceding the condition must be in common form. One person at least, should witness the ex- ecution of a bond. CONDITION. [14] For payment of Money at different times. The condition of this obligation is such, That if the above bound A. B. his heirs, executors, and administrators, or any of them, shall well and truly pay, or cause to be paid unto the above named C. D. his executors, administrators, or assigns, the just and full sum of one thousand dollars, lawful money as aforesaid, in manner following, to wit : 128 BOND CONDITION. three hundred dollars, part thereof, on the first day of June next ensuing the date hereof, three hundred dollars more thereof on the first day of December, the next following ; and four hundred dollars, the residue, and in full payment thereof, on the first day of June, which will be in the year of our Lord one thousand eight hundred and thirty-three, then this obligation to be void: But if default shall be made in payment of any or either of the said sums on the days and times herein before mentioned and appointed for pay- ment thereof respectively, then this bond shall remain in full force and virtue. [15] For Performance of Covenants. The condition of this obligation is such, That if the above bound A. B. his heirs, executors, and administrators, shall in all things, well and truly observe, perform, and keep, all and singular the covenants, clauses, conditions, and agree- ments, which on the part and behalf of the said A. B. are to be observed, performed, and kept, comprised and mentioned in certain indentures of lease, bearing even date herewith, and made between the said A. B. of the one part, and the above named C. D. of the other part, according to the true intent, and meaning, of the same, then the above obligation to be void: But if default be made in any of the cases aforesaid, then the said bond shall remain in full force and virtue. [16] To Perform an Award. The condition of this obligation is such, That if the above bound A. B. his heirs, executors, and administrators, shall in all things, well and truly stand to, abide, perform, and keep, the award, order, arbitrament, and determination, of U. V., W. X., and Y. Z., or any two of them, arbitrators indifferently elected, and chosen, as well on the part and be- half of the above bound A. B. as of the above named C. D. to arbitrate, award, and determine, of, and concerning \here mention the matter in dispute] and also of and con- cerning all actions, cause and causes of action, judgments, BOND CONDITION. 129 executions, controversies, and demands, whatsoever, at any time heretofore commenced, prosecuted, or depending by or between the said parties, for or by reason of any other mat- ter, cause, or thing, from the beginning of the world, to the day of the date hereof, so as the said award be made in writing, indented, under the hands and seals of the said arbitrators, or any two of them, and ready to be delivered to the said parties in difference, or such of them as shall re- quire the same, on or before the first day of May next en- suing the date hereof, [ij by umpirage, proceed as follows : 1 But if the said arbitrators, or any two of them do not make such their award, of and concerning the premises, by the time aforesaid; that then if the said A. B. his heirs, execu- tors, and administrators, shall in all things, well and truly stand to, abide, perform, and keep, the award, order, arbitrament, umpirage, and determination, of such person as shall be named and chosen by the said arbitrators as umpire between the said parties, of and concerning the premises, so as the said umpire do make his award or umpirage of and concern- ing the same, in writing, indented under his hand and seal, ready to be delivered to the said parties, on or before the tenth day of May next,'] then the above obligation to be void : But if default be made in any of the cases aforesaid, then said bond shall remain in full force and virtue. [17] To Execute a Conveyance. The condition of this obligation is such, That if the said A. B. on or before the tenth day of September next ensuing the date hereof, or in case of his death before that time, if the heirs of the said A. B. within three months, next after his decease, (if such heirs shall be then of full age, or if within age, then within three months after such heirs shall be of full age,) shall and do, upon the reasonable request, and at the charges of the said C. ). his heirs or assigns, make, execute, and acknowledge, or cause so to be, all and every such deed or deeds, conveyance or conveyances what- soever, which shall be needful for conveying, and confirm- ing, unto the said C. D. his heirs and assigns, a good, ab- solute, and indefeasible estate of inheritance in fee simple, clear of all incumbrances, of and in a certain messuage, &c, 130 BOND CONDITION. with the appurtenances : And, if in the mean time, fcnd while and until the same deed or deeds shall be executed, the said A. B. his heirs and assigns, shall and do permit and suffer the said C. D. his heirs and assigns, peaceably and quietly, to have, hold, and enjoy the same messuage and tract of land, then the above obligation to be void, or else it shall be and remain in full force and virtue. [18] To permit a Wife to make a Will. Whereas a marriage is intended to be shortly had and solemnized between the above bound A. B. and the said O. P. Now the condition of this obligation is such, that, if after the said intended marriage shall be had, the said A. B. shall permit and suffer the said O. P. to make her last will and testament in writing, and in and by the same at her will and pleasure 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 A. B. his heirs, executors, or administrators, shall (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 representatives or assigns, all such goods and chattels as shall be to them respectively bequeathed by the said will, according to the directions thereof, then the above obligation to be void and of no effect, or else to re- main in full force and virtue. ICT* This bond to permit a wife to make a will, must not be made to the woman herself, but to some relation or friend for her use. [19] For Service of Apprentice. Whereas C. B. son of the above bound A. B. by in- denture of apprenticeship, bearing even date with the above written obligation, has bound and put himself apprentice to the above named E. F. with him to dwell and abide, from the day of the date hereof unto the full end and term of five BOND CONDITION. 131 years thence next ensuing, and fully to bo complete and ended, as by the said indenture may more fully appear. Now the condition of this obligation is such, That if the said C. B. shall well and truly serve and dwell with the said E. F. after the manner of an apprentice, during all the said term of five years, according to the true intent and mean- ing of the said indenture: And if the said C. B. shall not, during the said term, waste, embezzle, or consume the goods and chattels of the said E. F. his executors, and ad- ministrators, but shall behave himself honestly and obedi- ently towards the said E. F. his executors, and administra- tors, as a good and dutiful apprentice ought to do, during the said term, then the above obligation to be void and of no effect, or else to remain in fulljbrce and virtue. [20] To refund a Legacy, in certain events. Whereas C. B. (the father of the said A. B.) by his last will and testament, bearing date, &c, did give and bequeath unto the said A. B. a certain legacy of two thousand dollars [or one equal fourth part of his estate, as the case may fee] as by the said in part recited will, since the decease of the said C. B. duly proved and remaining in the Register's office at, &c, appears. Now the condition of this obliga- tion is such, That if any part, or the whole, of the said leg- acy, shall, at any time after the payment thereof to the said A. B. 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 A. B. his heirs, executors, or administrators, shall and do return the said legacy, or such part thereof as shall appear to be necessary for the payment of the said debts, or the payment of a proportionable part of the said legacies, then the above obligation to be void and of no effect, or else to remain in full force and virtue. 132 BOND CONDITION. [21] Of a Treasurer of a Company. Whereas, the above bound A. B. has been chosen treas- urer of the Company of , 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 A. B. his executors or administra- tors, at the expiration of his said office, upon request to him or them to be made, shall make and give unto such auditor and auditors as shall be appointed by the said com- pany, 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 treasurer aforesaid, and shall, and do, pay and deliver over to his successor in office, or any other person duly authorized to receive the same, all such balances or sums of money, goods and chat- tels and other things, which shall appear to be in his hands and due by him to the said company, then this obligation to be void, or else to be and remain in full force and virtue. [22] Bond of Indemnity; to Surety in a Bond. The condition of this obligation is such, That whereas the above named C. D. at the special instance and request of the 'above bound A. B. and for his debt, together with and as well as he the said A. B. are held and firmly bound unto a certain E. F. of, &.c, in and by an obligation, bearing even date herewith, in the penal sum of four thousand dollars, lawful money as aforesaid, conditioned for the true payment of two thousand dollars, like money, on or before the first day of May, next ensuing the date of the said obligation, together with lawful interest for the same, as by the same obligation and condition thereof, relation being thereunto had, appears. If therefore the said A. B., his heirs, executors, or administrators, shall on or before said first day of May, well and truly pay or cause to be paid, unto the above named . F. his executors, administrators or assigns, the aforesaid debt or sum of two thousand dollars, with interest, in the discharge of the said recited obligation : 'And also shall BOND CONDITION. 133 from time to time, and at all times hereafter, well and suffi- ciently save, defend, keep harmless, and indemnify, the said C. D. 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, costs, and damages, for or by reason thereof, then this obligation to bo void, or else to be and remain in full force and virtue. [23] To Bail in Bail Bond. The condition of this obligation is such, That whereas the above named C. D. at the special instance and request of the above bound A. B. in and by an obligation, bear- ing date, &c, became bound unto E. F. esquire, High Sheriff of the county of , in the sum of one hundred dollars, conditioned for the appearance of the said A. B. before the District Court of , to be held at , the first Monday of September next, as by the said recited obligation and condition thereof, relation being thereto had, appears. If therefore the said A. B. shall appear according to the condition of the said obligation, and as the law requires: And shall also do, &c. [Conclude as in the next preceding form, from the mark *.] [24] To Special Bail. Common Form. The condition of this obligation is such, That whereas the above named C. D. at the special instance and request of the above bound A. B. became special bail for the said A. B. in a certain action of debt, [trespass, fyc, as the case may be,] at the suit of E. F. in the District Court of the city and county aforesaid, as by the recognizance of bail on record of the said Court, relation being thereunto had, appears. If therefore the said A. B. shall appear according to the condition of the said obligation, and as the law re- quires : And shall and do, &tc. [ Conclude as in form JVo. 22.] 13 134 BOND CONDITION. [25] To Surety in Administration Bond. The condition of this obligation is such, That whereas the above named E. F. at the special instance and request of the above bound A. B. in and by a certain obligation, bear- ing date, &c, has become bound together with the said A. B. unto J. B., esquire, Register for the Probate of Wills, and granting letters of administration, in and for the county of 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 J. K., late of, &c, who died intestate, &c, as by the said recited obligation and condition thereof, remaining in the Register's office, at , relation being thereunto had, appears. Now if the said A. B. administrator as aforesaid, shall and do, well and truly, administer all and singular the goods and chattels, rights and credits, which were of the aforesaid J. K., ac- cording to law, and do and perform all and every other act, and thing, on the part and in behalf of the said A. B. to be done and performed, according to the true intent and mean- ing of the condition of the said recited obligation . And also shall and do, &c. [Conclude as inform JVb. 22.] [26] To Executor, on Payment of a Legacy. The condition of this obligation is such, That whereas B. B. by his last will and testament, bearing date, &c, did bequeath unlo T. B. the son of the above bound A. B. a certain legacy of, &c. And whereas the said E. F., who is the executor of the last will and testament of said B. B., at the request of the said A. B. has 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 A. B. his heirs, executors, or administrators, shall cause and procure the said T. B. the son, on his arrival at the age of twenty-one years, to release the legacy afore- said unto the said E. F. and shall and do in the mean time, and at all times hereafter, &.c. [Conclude as in form JVb. 22.] BOND CONDITION. 135 [27] To Save Harmless, on Paying Rent. The condition of this obligation is such, That whereas the above named A. B., by indenture of lease, bearing date, &c, has demised, and to farm let unto the said E. F. all that messuage, 8tc. To hold the same to the said E. F. for the term of, &c, paying, &c, [as in the lease] as in and by the said indenture appears. And whereas a certain G. H. of, &c, claims title to the premises aforesaid, with the appurte- nances : If therefore the said A. B. shall from time to time, indemnify the said E. F. his heirs, executors and administra- tors, and his and their goods and chattels, lands and tene- ments, of and from the said claim of the said G. H. and of and from all actions, costs, and damages, for or by reason thereof, then this obligation to be void, or else to remain in full force and virtue. [28] Jlgainst Claim of Dower. The condition of this obligation is such, That whereas the above bound A. B. by indenture, under his hand and seal, bearing date, &.c, has granted, bargained, and sold unto the above named E. F. all that messuage, &c, with the appur- tenances, To hold the same to him, his heirs and assigns for ever, as by the said indenture, relation being thereto had, appears. If therefore the said A. B. 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 E. F. his heirs, executors, and ad- ministrators, of and from the dower or thirds which G. B. the wife, [or mother, &fc,~\ of the said A. B. shall or may claim in the premises, and of and from all actions, costs, charges, and damages, for or by reason thereof, then the above obligation to be void, or else to remain in full force and virtue. 136 BOND CONDITION. [29] For Bond Mislaid or Lost. The condition of this obligation is such, That whereas the above named E. F. in and by a certain obligation, bearing date on or about the first day of June last, became bound unto the above named A. B. in the sum of three hundred dollars, conditioned for the payment of one hundred and fifty dollars, which said obligation is since lost or mislaid. And whereas the said . F. has fully satisfied and paid the said sum of one hundred and fifty dollars, with the interest, due on the said obligation, the receipt whereof the said A. B. does hereby acknowledge, and thereof, and all actions, and demands, concerning the same, does acquit and for ever dis- charge the said E. F. his heirs, executors, and administra- tors, by these presents. If therefore the said A. B. his heirs, executors, and administrators shall and do deliver up the said obligation, when it shall be found, to the said E. F. his heirs, executors, or administrators, to be cancelled; and until the same shall so be delivered up and cancelled, save, de- fend, keep harmless, and indemnify, &c. [Conclude as in /orro.JYb. 22.] [30] To the Town for a Bastard Child. Know all men by these presents, That we, A. B. and F. G. of the town of , in the county of , and state of , are held and firmly bound unto L. M. and N. O. overseers of the poor of the said town, for the time being, in the just and full sum of three hundred dollars, to be paid to the said overseers of the poor, or to either of them, or either of their successors, or assigns, to which payment well and truly to be made we bind ourselves jointly and sev- erally, our heirs, executors, and administrators, and every of them firmly by these presents. Sealed with our seals, dated the first day of Mny, in the year of our Lord, one thousand eight hundred and thirty-two. The condition of this obligation is such, That whereas M. W. of the said town, single woman, is now pregnant with a bastard child, [or has lately been delivered of a male bastard child in the township aforesaid,] and has charged the BOND CONDITION. 137 said A. B. with being the father of the said child. If there- fore the said A. B. shall and do, from time to time, and at all times hereafter, well and sufficiently save, keep harmless, and indemnify the said to\vn of , and also all the in- habitants of the said town, of and from all expenses, costs, and damages whatsoever, which shall or may hereafter hap- pen or accrue, for or by reason or means of the birth, main- tenance, education, or bringing up of the said child, [or of such child or children, wherewith the said M. W. now goes,] and of and from all actions, troubles, and demands, touching or concerning the same, then this obligation shall be void, otherwise it shall be and remain in full force and virtue. [31] To refund Money on failure of Contract. Know all men by these presents, That we, A. B. and C. D. of the city of , and state of , are held and firmly bound unto E. F. and G. H. trustees [or, if not incorporated, say members'] of the First Presbyterian Church, in the city of , and slate aforesaid, in the sum of two thousand dollars, to be paid to the said E. F. and G. H. or to their successors or assigns, in trust for the said trustees, [or members,] to which payment well and truly to be made, we bind ourselves jointly and severally, our heirs, executors, and administrators, and every of them, firmly by these pres- ents. Sealed with our seals, dated the first day of May, in the year of our Lord, one thousand eight hundred and thirty-two. Whereas the said A. B. for the consideration of one thous- and dollars to him paid, or secured to be paid, did make, finish, and sell, unto the said trustees, a bell, [clock or other article, as the case may be] which he has delivered and placed in the said church. Now the said A. B. does hereby for himself, his heirs, executors, and administrators, warrant the said bell to be good in each and every respect, and to remain good and sufficient for the space of six years. Now the condition of this obligation is such, That if the said bell shall within the time aforesaid prove defective or insufficient in the opinion of any three competent artists or mechanics, who shall be disinterested, then this obligation to be in full force and virtue, otherwise to be void. 13* 138 BOND CONDITION'. [32] Of a Bond of Indemnity on paying a lost JVbfe, Whereas the above named E. F. by his promissory note signed by him for the said G. F. his father, and himself, dated the day of , did promise to pay unto Y. Z. or order, dollars, sixty days after date for value received, and such said note was afterwards indorsed by the said Y. Z. and others, and became the property of A. B. of , as the said A. B. avers : And whereas the said A. B. alleges he sent the said note by the mail, on the day of last, to the above bound C. D. to be received by him for his the said A. B.'s use ; which mail being robbed, and the said note not having been offered for payment, it is apprehended the said note was stolen out of the said mail or otherwise lost. And whereas the said E. F. and G. F. have on the day of the date hereof, at the request as well of the said A. B. as of the said C. D., and upon his the said C. D. promising to indemnify the said E. F. and G. F., and deliver up to (hern the said note to be cancelled when found, paid the said C. D. the sum of dollars, in full satisfaction and discharge of the said note, the receipt whereof the said C. D. does hereby acknowledge : The condition therefore of the above written obligation is such, That if the said C. D. his heirs, executors, or admin- istrators, or any of them, do, and shall from time to time, and at all times hereafter, save, defend, keep harmless, and in- demnified the said E. F. and G. F. their executors and ad- ministrators, of, from and against the said note of dollars, and of and from all costs, damages, and expenses, that shall or may happen to arise therefrom, and also deliver or cause to be delivered up the said note, when and so soon as the same shall be found to be cancelled. Then, &c. [33] To perform an Award. Whereas differences have arisen, and are depending be- tween the above bound A. B. and the above named C. D., concerning [here particularly mention what the difference is about,'} all differences and demands concerning the same, the said parties have agreed to refer to the award, judgment, BOND CONDITION. 139 and determination of arbitrators, indifferently chosen by and between the said parties, to award, arbitrate, and determine, concerning the same, [and if to be an umpire say, and ij 'ike y do not make the award within the time hereunder limited, then to the umpiragc of such person as the said ar- bitrators shall indi{fi'rt 'iiily choose fur umpire, as hereunder is mentioned;] now therefore, the condition of this obligation is such, that if the said A. B., his executors and administra- tors, on his and their part and behalf, shall and do in and by all things, well and truly stand to, perform, fulfil, and keep the award, arbitration, judgment, and determination, which arbitrators, as atbresaid, [or such umpire] shall make in writing, under their hands and seals, ready to be de- livered to the said parties in difference, on or before the day of , in and concerning the before mention- ed matters in difference, and all or any actions, debts, claims, and demands whatever, concerning the same. And if the said arbitrators shall not make and give the same in writing, [as before] then, &.c, [mention the lime of delivery by the umpire.] [34] To deliver up a Mill with the Utensils, $c, at the termination of a Lease, in as good Repair and Condition as the same were when let. Whereas the above named E. F., by his indentures of lease under his hand and seal, bearing date the day of , has let unto the above bound A. B., amongst other things, a certain Grist Mill, with its appurtenances, situated in , now in the occupation of said E. F., and all the materials, utensils, and things, now in, about and belonging thereto, for the term of years, from then and now next ensuing, at the yearly rent therein men- tioned : Now the condition of this obligation is such, That if the said A. B., his executors, administrators, or assigns, at his, their, or some of their own costs and charges, do and shall, before the expiration of the said term of years, by the said recited lease granted, or other sooner determina- tion thereof, which shall first happen, cause the said mill, and all things belonging thereunto to be put into the same form, order, and manner, as they now are, and fitting to be 140 BOND CONDITION. used for a Grist Mill, as the same now is, and shall and do deliver up the same, in such order and manner as aforesaid, at the expiration of the said term, with all the materials, uten- sils, and things which are now in. about, and belonging there- to, unto the said E. F., his executors, administrators, or assigns, in as good repair and condition as they now are, reasonable use and wearing thereof in the mean time only excepted ; then, &c. [35] For the Fidelity of a Clerk. Whereas the above named E. F., has taken and receiv- ed the above bound A. B., into his service to be one of his clerks, to collect, receive, and get in money for him, and to do all other things in his power incident to the business of a clerk. Now the condition of this obligation is such, That if the said A. B. do not, or shall not at all times hereafter, from time to time, during so long time as he the said A. B. shall continue and be employed in the service of the said E. F., as his clerk, or servant, well, faithfully and truly serve the said E. F., his employer, without wasting, embezzling, losing, misapplying, or unlawfully making away with any of the goods, wares, and merchandizes, or effects whatsoever, of the said E. F., or of any other person or persons whatso- ever, for which he the said E. F., his executors, or adminis- trators, shall or may by any law, custom, or usage, be any way responsible, which shall be committed to his the said A. B.'s charge, care, custody, or keeping, by reason or means of his said service, or being clerk as aforesaid ; and if the said A. B. shall at any time during the time of his be- ing clerk or servant to the said E. F., his executors, admin- istrators, or assigns, neglect or refuse to account with him the said E. F., his executors, administrators, or assigns, weekly or oftener, if thereunto required by the said E. F., his executors, or administrators, by reasonable notice in wri- ting under his or their hands, for that purpose, to be given to or left for him the said A. B., at his house, or usual place of abode or habitation; then if the said A. B. and C. D., or either of them, their or either of their heirs, executors, or administrators, or any of them, do and shall within months next after due proof thereof, either by the confession BOND CONDITION. 141 of the said A. B., or otherwise howsoever, by notice thereof, left at the dwelling house, habitation, or place of residence of them the said A. B. and C. D., or either of them, or ei- ther of their heirs, executors, or administrators, (in writing or otherwise,) make good and sufficient recompense, satis- faction, and payment, unto the said E. F., his executors, ad- ministrators, or assigns, for the said moneys, goods, chattels, wares, merchandizes, or effects, of him the said E. F., so lost, wasted, or misapplied, as aforesaid, and also for all such loss, damage, or charge, as he the said E. F., his executors, or administrators, shall suffer, sustain, and be put unto, for or by reason or means of his the said A. B.'s neglecting or refusing to account as aforesaid ; then, Sec. [36] On a Person's being ckosen Treasurer of a Com- pany. Whereas the above bound A. B. is chosen treasurer of the company of , by reason whereof, he will receive into his custody divers sums of money, goods, and chattels, belonging to the said company : Now the condition of the above written obligation is such, that if the said A. B., his executors, or administrators, at the end of his said office, or upon request to him or them in that behalf to be made, shall make, and give unto such auditor or auditors as on that be- half shall be appointed by the said company, a just and true account, in writing, of all such goods, chattels, money or other things, as have or shall, during his said appointment. come to his hands, custody, or charge, in right of his said office of treasurer, and shall upon the said account pay and deliver over to the next treasurer of the said company, all such money, goods, chattels, and movcables, us appear to be due and belonging to the said company; then, &c. obligees are usually the two oldest members, if the company be not incorporated. 142 BOND CONDITION. [37] From the master of a Ship, to pay the aJue of ichat goods shall be proved to be embezzled on board the Ship. Whereas A. B., of , merchant, did at , on the , ship on board the ship Y., of the burthen of about tons, whereof the above bound C. D. was master, fifty bags of coffee, &c, for his the said A. B.'s own proper risk and account, and consigned by him to E. F., of Liverpool, merchant, as by the bill of lading thereof, sign- ed by the said C. D., appears. And the said fifty bags of coffee, &c, duly arrived at Liverpool, and were delivered to the said E. F. But on inspection and examination there- of, it appeared to the said E. F., and he represented to the said A. B. that the said fifty bags of coffee, &c, were dimin- ished in weight and quantity, as follows, to wit: , which diminution the said A. B. alleges, was occasioned by embezzlement after the said goods were delivered to said C. D., and before he delivered them to said E. F. Now therefore the condition of this obligation is such, that if the said C. D. shall well and truly pay to the said A. B. on de- mand, for all the goods as aforesaid, that within one year from the date hereof, he the said A. B. shall prove, or clear- ly show, were so delivered on board the said ship to said C. D., and not by him delivered as aforesaid to said E. F., at the rate of the invoice price thereof, together with per cent in addition thereto, then, &c; otherwise, &c. [38] To execute an Assignment. The condition of this obligation is such, that if the above bound A. B. do and shall, upon, and at the request of the said C. D., his heirs and assigns, on or before the day of next ensuing the date above written, make, and execute, a good and sufficient assignment in law, of all such estate and interest as he the said A. B. has in the lands and tenements, now occupied by , situated in , and bounded as follows, to wit: , and deliver the same unto the above named C. D., his heirs and assigns, and to such uses as the said C. D. shall appoint, then, &c ; other- wise, &c. BOND CONDITION". 143 [39] To execute and deliver the Counterpart of a Deed, [.# before to the words, l date above written '] make, and execute the counterpart of one deed indented, bearing date the day of , made between the said C. D. of the one part, and the said A. B. of the other part: and the same, so made, and executed, shall in the presence of two or more credible witnesses, deliver as his proper act and deed to the said C. D., then, &c; otherwise, &c. [40] From a Lessee and a Surety, to pay rent according to the Terms of a Lease. Whereas the above named O. P., by an indenture of lease r bearing even date with, and executed before the above writ- ten obligation, for the consideration in said lease mentioned, has demised and leased to the above bound A. B., a mes^ suage or tenement situated in , described as follows: To have and to hold, &c, for the term of years, determinable however at the end of one year from this date, if the said A. B. shall choose to terminate it at said time, and will give notice of such his intention at least three months before the end of said one year, at the rent of per year, payable in quarter-yearly payments, as by refer- ence to said indentures of lease fully appears. Now there- fore the condition of this obligation is such, that if the above bound A. B. and C. D., or either of them, or any person on their behalf, shall well and truly pay to said O. P., his executors, administrators, and assigns, all the rent that by force of said indentures shall accrue, for said tenement, then this obligation shall be void. But if default shall be made in the payment of any of said quarterly sums of rent, until the termination of said lease, according to the terms thereof, then this obligation shall be offeree. Note. If the lessee agrees to enlarge the time of pay- ment to the injury of the surety, without his consent, the surety will be no longer holden but mere delay in calling for the rent will not discharge the surety. 144 BOND CONDITION. [41] To permit a Wife to live separate from her Husband. Whereas C. B., wife of the above bound A. B., now lives separate and apart from her said husband, and follows the business and employment of making and vending, &c, and the said A. B. has agreed with her and with Y. Z., the obligee named in this bond, who is father of said C. B., that she shall have and receive to her own separate use and benefit', all the avails, benefit, or earnings, of her trade aforesaid, and all the fruits of her industry, however the same may be applied; and that the said A. B. will not claim or interfere therewith, nor permit any other person to claim or interfere therewith on his account: but that he the said A. B. will permit her the said C. B. to possess and enjoy separately and for her own use all the advantage and profits of her industry as aforesaid, and that he will permit her to live separately and apart from him, without any molestation or interruption from him, so long as his person or property shall not be seized in any writ of execution to be issued oa any judgment to be had on any debt to be contracted by her. Now the condition of this obligation is such, that if the said A. B. shall and will, from time to time, and at all times, during the natural life of said C. B. permit her to live sepa- rate and apart from him, without any molestation, hindrance, or disturbance, to be done or permitted by him or on his behalf, lo her or her concerns; and to take, hold, dispose of, and enjoy, to her separate use, all the property, profits, and advantages, which she may derive from her industry, enterprize, dealings, or otherwise, on the condition of the person and property of the said A. B. remaining exempt from seizure on execution on any judgment to be obtained on any debt which she, the said C. B., shall hereafter con- tract, then, Stc ; otherwise, &c. [42] Of a common Replevin Bond, given to the officer holding or taking the goods repkvied. The condition of this obligation is such, that whereas the above bound A. B. has this day sued out of the office of the clerk of the Court for the county of , and state of, a writ of replevin against the said BOND CONDITION. 145 E. F., for ten bales of cotton, of the value of , now taken and attached (or detained) in the hands of him the said E. F., which writ is returnable to the said Court next to be holden at on the Now if the said A. B. shall enter at said Court, and pro- secute his said writ of replevin to final judgment; and pay such damages and costs as the said E. F. shall thereupon recover against him; and shall also restore the said ten bales of cotton, in the like good order and condition in which the same were taken, in case such shall be the final judg- ment of court on said replevin suit, then, &.c; otherwise, &c. [43] Of a bond for Review. Whereas at the Court, holden at , with- in and for, Stc, on, &c, the said E. F. recovered judgment against the said A. JB. for the sum of damages, and costs of Court taxed at . And thereafter the said Court, at its term holden at on , upon the petition of the said A. B., and after a hearing thereon, granted to him the said A. B., a writ of review of the said action, on condition that he should give a bond to the said E. F-j in the penal sum above herein named, with a surety to be / approved by said court, conditioned as is herein after stated. And thereupon the above bound C. D. was pro- posed as surety on said bond, and as such approved by said court, Now the condition of this obligation is such, that if the above bound A. B. shall sue out and prosecute to ef- fect a writ of review of the action on wfeich said judgment was rendered, commencing the same to be entered at the next term of said court to be holden at , and shall answer and pay to the said E. F., the sums for which judgment was rendered as aforesaid, with interest thereon, at and after the rate of per cent per annum, with additional damages and costs (or double costs') in case the said former judgment shall be affirmed in full; and the sum for which judgment shall be rendered, if the said former judgment shall be affirmed in part, [if the judgment be on an action of detinue or replevin, say, sliall answer and pay all such damages as shall be recovered Jor the detention, <3rc'] or if the former judgment shall be wholly reversed and annulled, then, &c; otherwise, &c. 14 146 BOND CONDITION. [44] For restitution, where the defendant is out of the State, given ' with one or more sujficuni sureties in dou- ble the estate or sum recovered by such judgment.' Mass. Stat. 1797, ch. 50, sec. 5. The condition of the above obligation is such, that where- as the said A. B. by consideration of the Justices of the Court of Common Pleas, holden at Boston, within and for the county of Suffolk, on the first Tuesday of April, in the year of our Lord one thousand eight hundred and thirty- two, recovered judgment against the said E. F., for the sum of five hundred dollars damages, and costs of suit taxed at ten dollars. Now if the said A. B. shall make restitution of, and refund and pay back to the said E. F. , such sum as shall be given in damages, or so much as shall be recovered on a suit therefor, to be brought within one year next after the entering up of the said judgment, if upon such suit the said judgment shall be reversed, annulled, or altered, (the security to be no further answerable than for the recovery that shall be had on a suit to be commenced icithin one year as aforesaid,) then, &c; otherwise, &c. [45] That a Person when of Age shall convey. Whereas E. D., of, &c, deceased, by his last will and testament, in writing, dated the day of , and regularly proved, approved, and allowed, in the Probate Court for the county of , on the day of , did among other things give, devise, and be- queath, all that messuage or tenement situated at , described as follows, to wit : , which was then in the occupation of his brother, C. D., to be divided equally between his two sons, A. D. and B. D., their heirs and as- signs ; and whereas O. P., the above named obligee, has agreed with the said A. D. and B. D. for the absolute pur- chase of the tenement and premises, so devised to them as aforesaid, at and for the sum of . But the said B. D., not being yet of the age of twenty-one years, cannot join in conveying the same to the said O. P. ; and whereas the said O. P. has, at the request of the above bound A. D., BOND CONDITION. 147 and on his promise and undertaking that the said JB. D. should, when, and as soon as he shall have attained the age of twenty-one .years, at the cost and charge of the said O. P., convey and assure to him the said O. P., his heirs and assigns, his undivided moiety or half part of the said messuage or tenement and premises, paid into the hands of the said A. D. the whole of the said purchase money, and the said A. D. has, by his deed of even date herewith, duly made, sealed, acknowledged, and delivered, conveyed his undivided moiety or half part of said messuage or tenement and premises, to the said O. P., his heirs and assigns. Now the condition of this obligation is such, that if the said B. D. do and shall, when and as soon as he shall have at- tained the age of twenty-one years, at the cost and charge of the said O. P., convey and assure unto him the said O. P., his heirs and assigns, by such deeds and conveyances as the counsel of the said O. P. shall advise, his undivided moiety or half part of and in the said messuage or tenement and premises, devised to him and the said A. B. as afore- said, and that without any consideration to be paid to him by the said O. P.; and also, if. and in case the said A. D., his heirs, executors, and administrators, do and shall, in the mean time, and until the said B. D. shall have executed such conveyance as aforesaid, save, defend, keep harmless and indemnified the said O. P., his heirs, executors, admin- istrators, and assigns, and the said messuage or tenement and premises, so to be conveyed by the said B. D. to the said O. P. as aforesaid, and the rents, issues, and profits thereof, of and from all claim and demand to be made there- to, by or on behalf of the said B. D., then, &c ; other- wise, &c. [46] Conditioned to Maintain a Person during Life. The condition of this obligation is such, that whereas the above bound A. B., for and in consideration of the sum of , to him paid by the above named E. F., has agreed and undertaken to keep and maintain the said E. F., during the whole time of his the said E. F.'s natural life. Now if, therefore, the said A. B. his executors and adminis- trators, shall from time to time, and at all times hereafter 148 BOND CONDITION. during the natural life of the said E. F., well and truly maintain, support and keep, or cause to be well maintained, supported and kept the said E. F. in the dwelling house of him, the said A. B., with suitable meat, drink, clothes, lodg- ing, and all other things necessary and convenient for his sustenance and comfort, then, &c ; otherwise, &c. [47] Conditioned to Marry, or pay a Sum of Money. The condition of this obligation is such, that if the above bound A. B. shall and do, on or before the day of , espouse and marry, or offer and be ready to espouse and marry, and take as his lawful wife, E. D., daughter of the said C. D., if the said E. D. will thereunto assent, and the laws of this State will permit the same ; or if it shall so happen that the said A. B. will not espouse and marry and take to wife the said E. D., or offer and be ready so to do, within the time aforesaid, then if the said A. B. shall and will well and truly pay to the said E. D., the sum of , on or before the day of , next ensuing, then, &.c; otherwise, &c. [48] To indemnify and save harmless for paying Rents, where the Title is in question. The condition of this obligation is such, that whereas there is a suit depending between the above bound A. B. and other persons, touching the right, title, and property, of the dwelling house, &.c, situated in , which was leased by the said A. B. as his own property to the said C. D.; and the said C. D. has paid, or agreed to pay to the said A. B., all the rent for said dwelling house, which in and by the lease thereof by said A. B. to said C. D. was reserved, which rent so paid, and to be paid, by said C. D., amounts to the sum of . Now if the said A. B. shall indemnify and save harmless the said C. D. and his legal representatives, and reimburse, protect, indemnify, and relieve him and them from and against all damages, costs, and trouble arising from, or in respect of any, and all BOND CONDITION. 149 claims and demands for rent for said dwelling house from any, and all persons other than the said A. B. and his legal representatives, then, &c; otherwise, &c. [49] By a Collector of Taxes. The condition of this obligation is such, That whereas the said A. B. has been elected by the inhabitants of collector of the taxes assessed and to be assessed, in, by, and upon said town, and the inhabitants thereof, for and within the year next ensuing his election to said office, which was in last, and the said A. B. has ac- cepted the said office: and lists of assessments on the polls and estates of the inhabitants of said town for the state, town and county taxes, amounting to the sum of have been by the assessors of said town, committed to said A. B. for collection, on warrants under the hands and seals of said assessors, and other such lists of assessments may be so committed to him the said A. B. during the said year. Now therefore if the said A. B. shall and do, with diligence and fidelity, levy and collect, as far as may be done, all the taxes that have been or may be so committed to him for collection, within the term of his said office, and if he shall at all times, on proper demand, render his account, and pay over all the proceeds of such collections, according to the direc- tions in said warrants contained, then, &c, otherwise, &c. [50] Of a Bottomi-y Bond. Whereas the above bound A. B. has taken up and re- ceived of the said E. F. the full and just sum of five thous- and dollars, which sum is to run at respondentia on the block and freight of the ship Exeter, whereof the said A. B. is now master, from the port or road of Bombay, on a voy- age to the port of Boston, having permission to touch, stay at, and proceed to all ports and places within the limits of the voyage, at the rate or premium of twenty-five per cent for the voyage, in consideration whereof, usual risks of the seas, rivers, enemies, fires, pirates, &c, are to be on 14* 150 BOND CONDITION. account of the said E. F. And for the further security of the said E. F. the said A. B. does by these presents mort- gage and assign over to the said E. F. his executors, ad- ministrators and assigns, the said ship Exeter, and her freight, together with all her tackle, apparel, &c. And it is hereby declared that the said ship Exeter, and her freight, are thus assigned over for the security of the respondentia taken up by the said A. B., and shall be delivered to no other use or purpose whatever, until payment of this bond is first made, with the premium that may become due thereon. Now the condition of this obligation is such, That if the above bound A. B. his executors, or administrators, shall and do, well and truly pay, or cause to be paid, unto the said E. F. his executors, administrators, or assigns, the full and just sum of five thousand dollars, being the principal of this bond, together with the premium which shall become due thereupon, at or before the expiration of ninety days after the safe arrival of the said ship Exeter, at her moorings in the port of Boston, or in case of the loss of the said ship Exeter, such an average as by custom shall have become- due on the salvage, then this obligation toJ^void and of no effect, otherwise to remain in full force 'and virtue ; hav- ing signed to three bonds of the same tenor and date, the one of which being accomplished, the other two to be void and of no effect. [51] Of a Respondenlia Bond. Whereas the above mamed E. F. has, on the day of the date above written, advanced and loaned unto the said A. B. and C. D. the sum of five thousand dollars, upon the goods, merchandizes and effects, laden and to be laden on board the good ship or vessel called the Belvidere, of the burden of 300 tons or thereabouts, now riding at anchor in the harbour of Boston, outward bound to China, or elsewhere, and whereof the said A. B. is commander. Now the condition of this obligation is such, that if the said ship or vessel do and shall with all convenient speed proceed and sail from and out of the said port of Boston, on a voyage to any port or place, ports or places, in the East Indies, China, Persia, or elsewhere beyond the Cape of BOND CONDITION. 151 Good Hope, and from thence do and shall sail, return and come back into the said port of Boston, at or before the end of thirty-six calendar months, to be accounted from the day of the date above written, and there to end her said intend- ed voyage (the dangers and casualties of the seas excepted) ; and if the said A. B. and C. D. or either of them, their or either of their heirs, executors, or administrators, do and shall within thirty days next after the said ship or vessel shall be arrived at her moorings in the said port of Boston, from her said intended voyage, or at or upon the end and expiration of the thirty-six calendar months, to be account- ed as aforesaid (which of the said times shall first and next happen), well and truly pay or cause to be paid unto the said E. F. his executors, administrators, or assigns, the full sum of six thousand eight hundred dollars, together with fifty dollars per calendar month for each and every calendar month, and so proportionally for a greater or a lesser time than a calendar month, for all such time and so many calen- dar months as shall be elapsed and run out of the said thirty-six calendar months over and above twenty calendar months, to be accounted from the day of the date above writ- ten ; or if in the said voyage, and within the said thirty-six calendar months to be accounted as aforesaid, an utter loss of the said ship or vessel by fire, enemies, men of war, or any other casualties shall unavoidably happen, and the said A. B. and C. D., their heirs, executors, or administrators, do and shall within six calendar months next after such loss well and truly account for (upon oath if required) and pay unto the said E. F. his executors, administrators, or as- signs, a just and proportionable average on all the goods- and effects of the said A. B. carried from Boston on board the said ship or vessel, and the net proceeds thereof, and on all other goods and effects which the said A. B. shall ac- quire during the said voyage for or by reason of such goods, merchandizes and effects, and which shall not be unavoida- bly lost, then the above written obligation to be void and of no effect, else to stand in full force and virtue. 152 BOND CONDITION. [52] For the Payment of an Annuity. Whereas the above bound A. B. on the day of the date of the above written obligation has had and received to his own use, of and from the above named C. D. the sum of the receipt whereof is hereby acknowledged, in consideration whereof the said A. B. has agreed to pay the said C. D. an annuity or clear yearly sum of for and during his natural life, to be paid in the manner herein- after mentioned ; Now the condition of this obligation is such, that if the above bound A. B. his heirs, executors and administrators, or any of them, do and shall yearly, and every year during the natural life of the said C. D. well and truly pay or cause to be paid to him the said C. D. or his assigns, the clear yearly sum of in quarter yearly payments of each, payable on the first days of each and every January, April, July, and October, in each and every year which shall occur during the natural life of the said C. D. then this obligation shall be void : but if default be made in any of said quarter yearly payments or any part of them, then the same shall remain and be in full force and virtue. [53] By a person authorized to collect debts. Whereas the above named E. F. the obligee in this bond, by his letter of attorney bearing even date herewith, consti- tuted and appointed the above bound A. B. his attorney, in his name to demand, ask and sue for, recover and re- ceive, all and singular the effects, sums of money, debts and demands, belonging or due to the said E. F. from any and all persons ; and the same concerning to do all neces- sary acts, matters and things, as in and by said letter of attorney is provided. And the above bound C. D. has agreed to be surety for the fidelity of said A. B. in the premises. Now the condition of this obligation is such, that if the said A . B. shall with diligence and fidelity exercise the trust and authority committed to him in and by said letter of attorney, so long as the same shall remain in force ; and if the said A. B. his executors and administrators, shall at COMPOSITION. 153 all times, on demand, faithfully account to said E. F. his executors, administrators and assigns, in the premises, and pay and deliver over to him and them all and singular the money and other things that shall be received under and by force of said letter of attorney, then this obligation shall be void, otherwise of force. COMPOSITION. JVith Creditors. To all to whom these presents shall come : We whose names are hereunder written, and seals affixed, creditors of A. B. of, &c, send greeting : Whereas the said A. B. does justly owe, and is indebted unto us, his said several creditors, in divers sums of money ; but by reason of many losses, dis- appointments, and other damages happened unto the said A. B. he is become unable to pay and satisfy us our full debts and just claims and demands, and therefore we the said creditors have resolved, and agree to undergo a certain loss, and to accept of twenty-five cents for every dollar owing by the said A. B. to us the several and respective creditors aforesaid, to be paid in full satisfaction and dis- charge of our several and respective debts : Now know ye, that we the said creditors of the said A. B. do for ourselves severally and respectively, and for our several and respec- tive heirs, executors, and administrators, covenant, promise, compound, and agree, to and with the said A. B. by these presents, that we the said several and respective creditors, shall and will accept, receive, and take, of and from the said A. B. for each and every dollar that the said A. B. does owe and is indebted to us the said several and respective creditors, the sum of twenty-five cents in full discharge and satisfaction of the several debts and sums of money that the said A. B. does owe and stand indebted unto us the said several and respective creditors, to be paid unto us the said several and respective creditors, within the time or space of six months next after the date of these presents : And we the said several and respective creditors, do severally and respective- ly, covenant, promise, and agree, to and with the said A. B., that he the said A. B. shall and may from time to time> and 154 CONDITIONS (OF SALE.) at all times within the said time or space of six months next ensuing the date hereof, assign, sell, or otherwise dispose of all his goods and chattels, wares, and merchandizes, at his own free will and pleasure, for and towards payment and sat- isfaction of the said twenty -five cents for every dollar the said A. B. does owe and is indebted as aforesaid, unto us the said respective creditors: And that neither we the said several and respective creditors, nor any of us, shall or will, at any time or times hereafter, sue, arrest, molest, or trouble the said A. B. or his 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. do as well and truly pay or cause to be paid unto us, his said several and respective creditors, the said sum of twenty-five cents for every dollar he does owe and stand indebted unto us respec- tively, within the said time or space of six months next ensuing the date hereof. And all and every of the grants, covenants, agreements, and conditions herein contained shall extend to and bind our several executors, administrators, and assigns as well as ourselves. In witness whereof, we the said several creditors of said A. B. have hereunto set our hands and seals this day of, &c. CONDITIONS (OF SALE).* I. That the highest bidder shall be the buyer : and if any dispute arise as to the last or best bidder, the lot in dispute shall be put up at a former bidding. II. That no person shall advance less at any bidding than [or than suck sum as shall be named by the auctioneer at the time] or retract his or her bidding-! * If printed conditions are posted up in the auction room, where they may be seen, they will be binding on the purchaser, although he did not see them. 3 Esp. Ca. 271. But it is the surest way to read the conditions aloud, before sale. ' A bidding .it a sale by auction, may be countermanded at any time before the lot is actually knocked down : (3 Term Rep. 148,) because the assent of both parties is necessary to make the contract binding ; which is signified, on the part of the seller, by knocking down the hammer. Every bidding is nothing more than an offer on one side, which is not binding on either side till it is assented to. If a bidding were binding on the bidder, before the hammer is down, he CONDITIONS (OF SALE.) 155 III. That every purchaser shall immediately pay down a deposit in the proportion of for every one hundred dollars, of his or her purchase-money, into the hands of the auctioneer, [or agent of the vendor;] and sign an agreement for payment of the remainder to the proprietor, on the day of next, at , at which time and place the purchases are to be completed, and the respective purchasers are then to have the actual possession of their respective lots; all outgoings to that time being cleared by the vendor. IV. That within three days from the day of the sale, the vendor shall, at his own expense, prepare and deliver an abstract of his title, to each purchaser, or his or her attor- ney; and shall deduce a good title* to the lots sold. V. That upon payment of the remainder of the purchase money at the time above mentioned, the vendor shall con- vey the lots to the respective purchasers : each purchaser, at his or her own expense, to prepare the conveyance to him or her ; and to tender or leave the same at for execu- tion by the vendor. VI. That if any of the purchasers shall neglect or fail to comply with the above conditions, his or her deposit-money shall be actually forfeited to the vendor, who shall be at full liberty to re-sell the lot or lots bought by him or her, either by public auction, or private contract; and the deficiency (if any) occasioned by such second sale, together with all expenses attending the same, shall immediately after the same sale, be made good to the vendor by the defaulter,! would be bound by his offer, and the vendor would not, which can never be allowed. It is therefore advisable to stipulate in the condi- tions of sale, that no person shall retract his bidding ; as the counter- mand of a bidding might, in some cases be of the most serious conse- quences. See Sugden, 25. * Where the estate is leasehold, and the vendor cannot produce the lessor's title, this condition should go on thus ; ' to the lease grant- ed of the premises ; but the purchaser shall not be entitled to require, or call for the title of the lessor.' t This condition should never be omitted it forms a lien on the estate for the purchase money, &c, and if the purchaser do not com- ply with the conditions, the vendor may, by virtue of this stipulation, re-sell the estate, and recover the deficiency and charges from the purchaser : and if the money produced by the second sale exceed the original purchase money, the purchaser who has violated the agree- ment will not be entitled to the surplus ; but the vendor himself will be entitled to retain it. Sugden, 25. 156 COPARTNERSHIP. at this present sale : and in case of the non-payment of the same, the whole thereof shall be recoverable by the vendor, as and for liquidated damages. Lastly. That if any mistake be made in the description of the premises, or any other error whatever shall appear in the particulars of the estate, such mistake or error shall not annul the sale: but a compensation or equivalent, shall be given or taken, as the case may require. CONVEYANCE. This term, in its general sense, means an instrument which passes the title from real estate from one person to another. At common law formerly the forms of conveyance were numerous, each requiring much technical accuracy. They were, FEOFFMENT, LEASE AND RELEASE, BARGAIN AND SALE, FINE AND RECOVERY, GIFT, GRANT, SURRENDER, and many other forms. In later times the modes of conveyance are rendered comparatively simple. All that seems now necessary may be found under the terms, ASSIGNMENT, DEED, LEASE, MORTGAGE, and WILL. COPARTNERSHIP. [1] Article! of Copartnership between two Tradeimen. Articles of Agreement, &c. The said A. B. and C. D. have agreed, and by these presents do agree, to become co- partners together in the art or trade of painting, and all things thereto belonging, and also in buying, selling, vend- ing, and retailing all sorts of wares, goods, and commodities, belonging to the said trade of painting; which said copart- nership it is agreed shall continue from , for and dur- ing, and unto the full end and term of ten years, from thence next ensuing, and fully to be completed and ended. COPARTNERSHIP. 157 And to that end and purpose, he the said A. B. has the day of the date of these presents delivered in as stock, the sum of , and the said C. D. 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 parties, and the said copartners each for himself respectively, and for his own particular part, and for his respective executors and administrators, does covenant, promise, and agree, each with the other of them, his re- spective executors and administrators, by these presents, in manner and form following, that is to say: That the said copartners shall not nor will not at any time hereafter, nor shall either of them use, exercise, or follow, the trade of painting aforesaid, or any other trade whatsoever, during the said term, to their private benefit and advantage ; but shall and will, from time to time, and at all times 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 employ, 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 endea- vours 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 be- tween them, the rent of the shop, which they the said co- partners shall rent or hire for the joint exercising or manag- ing the trade aforesaid and all other reasonable expenses incident to their business. And that all such net gain, profit, and increase that shall come, 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 proportion ably di- vided between them the said copartners. 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 15 158 COPARTNERSHIP. true books of accounts, wherein each of the said copartners shall duly enter and set down, as well all money by him re- ceived, paid, expended, and laid out, in and about the man- agement of the said trade, as also all wares, goods, and merchandizes, by them or either of them, bought and sold by reason or means, or upon account of the said copartner- ship, and all other matters and things whatsoever to the said joint trade, and the management thereof in any wise apper- taining, 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 reVider each to the other, or to the executors 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, dis- bursements, and all other things whatsoever, by them made, received, disbursed, 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 account, their equal shares of the profits so made as aforesaid: And at the end of the said term of ten years, or other sooner determina- tion of these presents (be it by the death of one of the said partners or otherwise) they the said co-partners, each to the other, or in case of the death of either of them the surviving party, to the executors or administrators of the party de- ceased, 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 the stock, 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. In witness, &c. COPARTNERSHIP. 1 69 [2] Articles of Copartnership between Merchants or Tra- ders. This Indenture, made this first day of March in the year of our Lord one thousand eight hundred and thirty-two, by and between A. B. of , and C. D. of witnesses : That the said A. B. and C. D. have agreed to enter into a copartnership and become copartners, and they do hereby become copartners and a firm in the general business of merchandizing, and transacting the business of merchants, and conducting mercantile enterprizes (or in managing the business of retail grocers or buying and selling at retail) dry goods, or fancy goods, fyc, as the case may be. ) And the terms and conditions on which this copartnership is formed are as follows : The transactions of this copartnership shall be held at such place as the copartners may agree in or in any other place or places, as the copartners shall hereafter agree. The name of the firm shall be , and this copartner- ship shall continue for the term of five years, subject, how- ever, to be sooner terminated by the death of either party, or the agreement of the parties. The said copartners have each of them contributed and advanced the sum of two thousand dollars, which, with the profit and loss thereon, and the other additions thereto, and diminutions therefrom, as is herein provided, shall constitute the capital stock of the firm. And during the whole time that this copartnership shall endure, each of the copartners may, for his personal support, and private use, withdraw from the copartnership funds a sum not exceeding yearly . And either copartner, with the consent of the other, may, from time to time, bring any further sum into the copartnership funds, to be employed in their joint negotiations. And just and true accounts of the copartnership transactions, shall by the copartners respec- tively, as they sell goods, make payments and receive money or other property, be kept in suitable and customary books, which shall at all times be open to the inspection of either party. And an exact account in said books shall be kept of all the sums withdrawn from or added to the copartnership funds by each of the said copartners, and at the end of each year from the commencement of the copartnership, the bal- 160 COPARTNERSHIP. ance of each of the copartner's accounts shall be stated. And each of them shall from year to year be entitled to in- terest on his balance of funds in the concern. And each of said copartners, during the continuance of the said copart- nership, shall devote all his time, and with diligence and fidelity use his best exertions to promote the interest of the concern. Neither of the said copartners shall, during the continuance of the copartnership, engage in any separate business on his own account and neither of them shall during the term of the copartnership engage in any transac- tions on the joint account, not immediately within the scope of the business herein named, without the consent of his copartner. Neither of the copartners shall during said term, without the consent of the other, give the name of the firm, or his own name, to or for any other person, or for any business other than that of this concern, as maker or endorser of any bill of exchange, note of hand, bond, covenant, or as surety in any manner. And when this copartnership shall terminate, by lapse of time, by agreement of the parties, or by the death of either of them, or otherwise, all the debts of the copartnership shall be first paid out of the copartnership funds, next each copartner shall receive the balance due from the firm to him, with annual interest thereon, if the fund shall be enough therefor if not, they shall receive on their said balances pro rata. And the balance of the co- partnership property and securities shall be equally divided between them. And if the transactions of this copartnership shall result in a loss, such loss shall be borne and paid by the said copartners equally. And to the faithful perform- ance of all and singular the provisions herein contained the parties respectively bind themselves, and their respective executors and administrators. In testimony whereof, 8tc. [3] Where one alone is bound to follow ihe trade. This Indenture, made the twelfth day of March, in the year of our Lord one thousand eight hundred and thirty-two, between A. JB. of the city of Richmond, yeoman, of the one part, and C. D. of the said city, merchant, of the other part, COPARTNERSHIP. 161 witnesses, That the said A. B. and C. D. in consideration of the mutual credit and faithful confidence that each of them has reposed in the other, have covenanted and agreed to- gether, and by these presents do covenant, and agree to- gether, at their equal charges, to make one stock of mer- chandize, &c, at their equal adventure, and for their common and equal gain and loss, to be bestowed, employed, used, an>l occupied, by the diligence, discretion, and labour of the said C. D. from time to time, in the trade and traffic which the said C. D. now uses and exercises in that shop which he now occupies, situated, &c, from the day of the date of these presents, by and during all the term of five whole years, from thence next following. And the said C. D. does here- by acknowledge that he, at and before the sealing and de- livery of these presents, has had and received from the said A. B. the sum of five thousand dollars, for the full part of the said A. B. to the making of the stock aforesaid, and thereof is fully and plainly satisfied and possessed. And also the said C. I), does covenant and promise, to and with the said A. B. by these presents, that he the said C. D. shall not only immediately and presently put in one other five thousand dollars, &c, to make up the said stock to the full sum of ten thousand dollars, but also according to his health and ability, from time to time, during the said partnership, shall employ his labour, knowledge, and diligence, to bestow the said stock in his said trade, and therein use and occupy the same, for the common and equal profit of himself and the said A. B. without fraud or deceit, in manner and form as aforesaid. Provided always, and it is agreed between the said parties, for themselves, their executors, and administra- tors, by these presents, that if it shall happen to either of them to die during the said term of their partnership, that yet notwithstanding, the survivor of them shall have only an interest and right to one half of the said stock, increase, and debts owing to the said partners, and no more ; and upon account to be charged only with the moiety of the said debts, by the said partners, in respect of the said partner- ship only to be owing, any thing to the contrary notwithstand- ing. And the said C. D. covenants, &c, that he the said C. D. from time to time, upon every reasonable request, and upon one month's forewarning, shall make and give up to the said A. B. a plain and true account in writing of all the said stock, and of all the increase and gains thereof, 15* 162 COPARTNERSHIP. together with all losses which have happened to the sanw ? and shall then immediately make a true and equal division and payment to the said A. B., if it be required, of all his part of the gains and increase aforesaid, according to the true meaning of these presents : and if it do happen to the said C. D. at any time during the said term of five years to depart this present life, or at any time after, before the clear ending and finishing of the account of the premises, and full payment had, and partition made of all things put into the said partnership, or arising thereof, then the executors and administrators of the said C. D. shall make a full and perfect account, and ready payment and delivery to the said A. B. his executors, and administrators, as well of all his part of the said stock, (according to the true meaning of these presents), as also of the one half of all increase, gains, and advan- tages, grown of or from the said stock, and that to be done within the space of two months next after the decease of the said C. D. without any further delay. In witness whereof, we have hereunto set our hands and seals, the day of the date above mentioned. A. B. L.S. C. D. L.S. Sealed and delivered in presence of [4] Dissolution. Whereas by indenture made the first day of January, in the year of our Lord one thousand eight hundred and thirty-two, between A. B. and C. D. both of the city of , mer- chants, the said A. B. and C. D. did enter into partnership to- gether, for the purpose of carrying on the trade of merchandize, the term of five years, and whereas the said C. D. wishing, on account of the decline of his health, to discontinue and quit business, has heretofore proposed to his said partner, A. B. a dissolution of the partnership, to which proposition the said A. B. has assented ; the parties therefore mutually consent and agree, by these presents, that the partnership heretofore existing between them be this day dissolved, and it is accordingly dissolved ; And it is further stipulated and agreed mutually between them, that the senior partner, A. B. shall take the entire stock of goods and merchandize now on COVENANT. 163 hand belonging to the partnership, at a valuation to be set upon the same, who is by the parties mutually appointed to value the same, and that he the said A. B. also have power to collect the debts now due to the partnership, and recover the same, in the name of the firm, by suits at law or in equity; and that finally the said A. B. do pay over to the said C. D. the full share and proportion of stock and profits which shall appear to be due to the said C. D. in six months from the date hereof, &c. Witness our hands and seals at , this first day of March, A.D. 1 832. A. B. L.S. C. D. L.S. Attest, COVENANT. A covenant is an agreement between two or more per- sons, in writing, signed and sealed by the parties, wherein one or more of the parties obliges himself to do and perform, or to abstain from doing and performing certain things specified in the covenant. When a covenant is an entire contract between the "par- ties it requires little formality of language. It is enough if in plain language it states the agreement of the parties, and concludes in the customary mode of concluding sealed in- struments. No form of such a contract seems necessary. But more frequently covenants are inserted in deeds of conveyance, or other instruments, which have other objects. In our books of forms precedents of such covenants are often unnecessarily numerous. In general they will be right if they plainly state the agreement of the parties. [1] Where a husband covenants for himself and his wife. And the said A. B. for himself, Stc, and for and on behalf of the said C. B. and her heirs, &.c, does covenant with the said D. E., &c. 164 [2] By tenant for life, and tenant in fee of the reversion, who join in a deed. And we, the said A. B. and A. B. junior, for ourselves respectively, and our respective heirs, do severally, and not jointly, covenant and assure to the said C. D., his heirs and assigns, that we are lawfully seized in fee of the aforegrant- ed premises, in manner following, that is to say, that the said A. B. is seized thereof for his life, as tenant by the courtesy : And that the said A. B. junior is seized in fee simple of the reversion or remainder thereof, expectant upon the determination of the said estate by the courtesy, &c. [3] A covenant to stand Seized of the Premises to the uses mentioned in the deed. And the said A. B. does for himself and his heirs cove- nant and agree to, and with the said C. D. and his heirs, that he the said A. B. and his heirs, shall and will stand and be seized of the within granted premises, to the several uses, in and by this instrument limited and declared, accord- ing to the true intent and meaning thereof, and to no other use, intent, or purpose whatsoever. [4] Further Assurance. And further, that he, the said A. B. for himself and his heirs, and all and every other person or persons lawfully claiming, or to claim, by, from, or under him or, them, shall and will from time to time, and at all times hereafter, upon the reasonable request, and at the cost and charge of the said C. D., his heirs and assigns, make, and execute, or cause and procure to be made, and executed, all and every such further and other lawful reasonable deed or deeds, whatsoever, for the further, better, more perfect and absolute assurance and confirmation of the said messuage or tene- ment, hereditaments, and premises, Sec, hereby granted or mentioned or intended so to be, with these appurtenances, COVENANT. 165 unto the said C. D., his heirs and assigns, as by him or them, or by his or their counsel learned in the law, shall be reason- ably advised, devised, or required. [5] For Quiet Enjoyment. And the said A. B., for himself, his heirs, executors, and administrators, does covenant, promise, grant, and agree, to and with the said C. D., his heirs and assigns, by these presents, that he, the said C. D., his heirs and assigns, shall and lawfully may, from time to time, and at all times here- after, peaceably and quietly have, hold, occupy, possess, and enjoy the said messuage or tenement, and premises, &c, hereby granted, or mentioned, or intended so to be, with the appurtenances, without the lawful hindrance, or molestation of the said A. B., his heirs or assigns, or of any other per- son or persons whatsoever, by or with his, or their act, con- sent, privity, or procurement. In witness whereof, the said parties have, &c. [6] Against Incumbrance. And the said A. B. and C. D., 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 E. F., his heirs and assigns, by these presents, that they, the said A. B. and C. D., have not heretofore done, committed, or wittingly or willingly suffered to be done or committed, any act, matter, or thing whatever, whereby the premises hereby granted, or any part thereof are, or shall be charged or incumbered in title, estate, or otherwise. Notes. When the grantor has once made a further as- surance, in conformity with the request of the granlee, he will be discharged of his covenant in that respect, notwith- standing the words ' from time to time.' 5 Coke, 23. b. This covenant will be broken, if the grantor disable him- self from complying with it, although no request has been made to him to give further assurance. 5 Coke, 20. a. 166 DEEDS. When a bad title has been given, and the vendor after- wards purchase a good title, he shall be compelled in equity to make the same over to the vendee. Ch. R. 274. DEEDS, [1] Of Warranty from one Person to Another. Know all men by these presents, that I, A. B., of, &c, in consideration of the sum of to me paid by C. D., of, &c, the receipt whereof I do hereby acknowledge, do hereby give, grant, sell and convey unto the said C. D., his heirs and assigns, all that parcel of land or tenement, situat- ed in , bounded and described as follows, to wit: To have and to hold the afore-granted premises to the said C. D., his heirs and assigns, to his and their use and behoof for ever. And I, the said A. B., do hereby for myself and my heirs, executors, and administrators, covenant with the said C. D., his heirs and assigns, that I am law- fully seized in fee simple of the afore-granted premises ; that they are free of all incumbrances ; that I have good right to sell and convey the same to the said C. D. And that I and my heirs, executors, and administrators, will warrant and defend the same premises, to the said C. D., his heirs and assigns, forever, against the lawful claims and demands of all persons. In witness whereof, I, the said A. B., ' together with Z. B., my wife, who hereby relinquishes her right of dower in the premises,' have hereunto set our hands and seals, this first day of March, in the year of our Lord one thousand eight hundred and thirty-two, A. B. L. s. Z. B. L. s. Signed, sealed, and delivered, in presence of us, E. D. E. F. JVb/e. If the grantor is unmarried, instead of saying, 1 In witness whereof, 1, the said A. B., together with Z. B., my wife, Sic,' say : I, the said A. B., who am unmarried, have hereunto set my hand and seal, &c. 167 [2] Of Warrantee, from one Person to Another (An- other form.) Know all men by these presents, that I, A. B., of Bos- ton, in the county of Suffolk, and Commonwealth of Mas- sachusetts, merchant, in consideration of ten thousand dol- lars to me paid by C. D., of said Boston, merchant, the re- ceipt whereof is hereby acknowledged, do by these presents, give, grant, bargain, sell, and convey, unto the said C. D., his heirs and assigns, all that house lot, dwelling house, and out houses, situated on Beacon street, in said Boston, bounded and described as follows, to wit : Beginning, &c, Also the store, and lot whereon the same is situated, being the store No. , on Long Wharf, in said Boston, which is bounded and described as follows, to wit, &c. To have and to hold the above granted premises, with the privileges and appurtenances thereto belonging, to the said C. D., his heirs and assigns to his and their use and behoof forever. And I, the said A. B., for myself and my heirs, executors, and administrators, do hereby covenant with the said C. D., his heirs and assigns, that I am lawfully seized in fee of the afore-granted premises ; that they are free from all incum- brances ; that I have a good right to sell and convey the same to the said C. D. as aforesaid ; and that I will and my heirs, executors, and administrators shall warrant and de- fend the same to the said C. D., his heirs and assigns for- ever against the lawful claims and demands of all persons. In witness whereof, I, the said A. B., who am sole and unmarried, have hereunto set my hand and seal, this first day of March, in the year of our Lord eighteen hundred and thirty-two. A. B. L.S. Signed, sealed, and delivered, in presence of us, C. D. E. F. . If A. B. has a wife, say in conclusion : In wit- ness whereof, I, the said A. B., together with Z. B., ray wife, who hereby relinquishes her right of dower in the pre- mises, have hereunto set our hands and seals, &.c. 168 [3] Of several to a Corporation, with special covenants of Warranty and Release of Dower. Know all men by these presents, that we A. B., of, &c, B. C., of, &c, C. D., of, &c, and D. E., of, &c, in con- sideration of , to us paid by The Manu- facturing Company, a corporation created by an act of the legislature of the State of , the receipt whereof is hereby acknowledged, have given, granted, sold, and con- veyed ; and we do hereby give, grant, sell, and convey to the said corporation and their assigns, all that parcel of land and estate, situated in , commonly called , which is described and bounded as follows, to wit : To have and to hold the same, with the privileges and appurtenances thereof, to the said corporation, and their as- signs, to their sole use and behoof forever. And we the said A. B., B. C., C. D., and D. E., for ourselves respec- tively, and for our respective heirs, executors, and adminis- trators, do covenant with the said corporation and their as- signs, that we are severally lawfully seized in fee, each of one undivided fourth part of the aforegranted premises ; that we have severally good right and lawful authority to sell the same; that they are free from all encumbrances; and that we will severally and respectively, each for his said one- fourth thereof, warrant and defend the same to the said cor- poration, and their assigns, against the lawful claims and de- mands of all persons. In testimony whereof, we the said A. B. and C. D., who are unmarried ; and B. C. and D. E., together with O. C., wife of said B. C., and P. E., wife of said D. E., each of whom acknowledge that they have received one dollar from said corporation, in consideration whereof they become par- ties hereto for the purpose of relinquishing their respective right of dower in the premises, have hereunto set their sev- eral hands and seals, this first day of March, in the year of our Lord one thousand eight hundred and thirty-two. A. B., L.S., &c. Signed, sealed, and delivered, in presence of 169 [4] By the Inhabitants of a Town. Know all men by these presents, that the inhabitants of , in the county of , and State of , in consideration of , to them paid by A. B., Stc, the receipt whereof, &c, [in common font.] To have and to hold, &.c, [i common form. ~] And the said inhabitants, for themselves, and their succes- sors, do covenant with the said A. B., his heirs and assigns, that they, the said inhabitants, are lawfully seized in fee of the aforegranted premises, &c, [in common form^} In testimony whereof, the said inhabitants, by C. D. , their treasurer, hereunto duly authorized by a vote of said inhabit- ants of said town, at their town meeting, legally holden for that purpose, on , have hereunto set their seal, and the said treasurer has hereunder written his name, this first day of March, in the year of our Lord one thousand eight hundred and thirty-two. C L. S. C. D. Treasurer of the town of . < of the town * and sworn to, this day before us A. B.} C. D. > Commisssioners. E. F. ) And if there be more witnesses than one, the testimony of the second and the others should follow, and be taken in the like manner. It is most proper that the witness should be sworn before he testifies. And the commissioners should administer to him the following oath: ' You solemnly swear, that you will make true answers to all the interrogatories which we shall submit to you, and that therein you will declare the truth, the whole truth, and nothing but the truth. So help you God.' Sometimes by the requisition of the commission, or by the custom of the State, the deponent may be sworn after his testimony is reduced to writing and signed and then the oath may be as follows: ' You solemnly swear, that these answers by you sub- scribed, to the interrogatories which we have submitted to you, contain the truth, the whole truth, and nothing but the truth, relative to the matters inquired of. So help you God.' In some of the United States and State Courts, the rules to be observed in taking depositions, are embarrassingly minute. Some of them are as follow: 188 DEPOSITIONS. Directions according to the Rtdes of the Circuit Court of the United States for the Third Circuit, addressed to Commissioners for taking testimony. Philadelphia, March 1, 1832. GENTLEMEN, You have lately received a commission, issued by the Circuit Court of the United States in and for the District of Pennsylvania, in the Third Circuit, authorizing one of you, namely A. B., in connection with either or both of the others, to examine witnesses in a certain cause depending in the said Court, wherein M. N. is plaintiff, and O. P. is defend- ant, upon the interrogatories annexed to the commission, and for your guidance I beg leave to add the following in- structions: Having agreed upon the time and place of meeting, of which a reasonable notice should be given to the agent who attends to the execution of this commission, that he may col- lect the witnesses, you will proceed at the time and place appointed, to execute the commission in the following manner: You will draw up on paper, preparatory to the examina- tion of the witnesses, the following heading, style, or title, of the depositions: viz. ' Depositions of witnesses produced, sworn, (or affirmed,) and examined on the day of , in the year of our , at the house of , in the city of Boston, in Massachusetts, by virtue of a com- mission issuing from the Circuit Court of the United States in and for the district of Pennsylvania, in the third Circuit, to A. B., C. D., and E. F. directed, for the examination of witnesses in a certain cause depending in said court, wherein M. N., &c, citizen of is plaintiff, and O. P., of, &c, citizen of is defendant.' You will next administer to the witness whom you are about to examine, an oath or affirmation, in the established form of the place, if the same be binding upon his con- science, if not, you will administer to him such oath or affirmation as may be binding upon his conscience, to make true answers to all such questions as shall be asked upon the interrogatories annexed to the commission, without favour or affection to either party, and therein to speak the truth, the whole truth, and nothing but the truth. After having demanded from the witness his name, addi- DEPOSITIONS. 189 lion or title, and age, you will draw up in writing his an- swers to the interrogatories, as follows: ' , of the city of , aged years or thereabouts, being produced, sworn, (or affirmed,} and examined on behalf of the plaintiff, (or defendant, as the case may be,} deposes as follows: ' 1. To the first interrogatory on the part of the plaintiff, (or defendant as the case may be,} he answers as follows: and then set down his answer. ' 2. To the second interrogatory on the part of the plaintiff, (or defendant as the case may be,} he answers as follows:' and so on through the rest of the interrogatories, until the whole are answered. The witness must then subscribe his examination with his name, or his mark, if he cannot write, and the acting com- missioners must subscribe their names opposite to his signa- ture or mark, for the purpose of identifying it, and must also subscribe their names at the bottom of every page of testi- mony; and if, in the course of the examination, the witness shall produce, or refer to any paper, exhibit, or document, the same must be marked by some letter or figure, and fur- ther identified by the acting commissioners in the following manner: ' This is the paper, exhibit, or document referred to by in his examination, as the paper marked A, &c;' to which the commissioners and the witnesses will sign their names. The commissioners are requested distinctly to observe that every question, under each interrogatory, must be an- swered by the witness, if it be merely to declare that he is ignorant of the matter inquired of; and that an omission to answer any one will be fatal to the whole examination. They will also please to observe, that a rigid observance of the forms herein prescribed is essential, and that the dis- regard of any one of them, may render their labour of no effect. Having in this manner examined all the witnesses pro- ducedj-upon all the interrogatories, such of you as shall have conducted the examination, viz. A. B., and with him both or either of the other gentlemen, (but both of them should be notified of the time and place of examination, and if one of them takes no part in the business, it should never- theless be certified by the acting commissioners that he had notice of the meeting,) must bind up the depositions and ex- 1 90 D EPOSI TIONS. hibits together with the commission, some tape passing through and connecting the whole; and you will then make the fol- lowing indorsement upon the commission: ' The execution of this commission appears in a certain schedule hereunto annexed;' to which you will also subscribe your names. Thus prepared and executed, you will enclose the same in an envelope, sealed with your respective seals, your names written across or by the side of Ihe seals, and the whole ad- dressed to The Clerk of the Circuit Court of the United States for the District of Pennsylvania in the Third Circuit, at Philadelphia. It may then be delivered to the agent, or forwarded by the most expeditious and safe conveyance to the address of the clerk as above, or under cover to my address, (Phila- delphia.) I am, very respectfully, your obedient servant, R. S. Attorney to A.B, ) C. D., and > Esquires, Commissioners. E. F. The Courts in New York have, by statute provisions, the following Instructions for executing the Commission. 1 . The commission may be executed by any two of the commissioners, without the others, but all the commissioners should have notice of the time and place of executing it. 2. The commissioners will examine the witnesses sepa- rately upon interrogatories annexed to the commission, and will first administer to them the following oath: ' You are true answer to make to all such questions as shall be asked you upon these interrogatories, without favour or affection to either party, and therein you shall speak the truth, the whole truth, and nothing but the truth. So help you God.' 3. This oath being administered, the general style or title of the depositions, preparatory to the examination of the witness, must be drawn up in the following manner: ' Deposition of witnesses produced, sworn, and examined, on the day of , in the year of our Lord one thousand eight hundred and , under and by vir- tue of a commission issued out of the Court of Chancery of DEPOSITIONS. "* 191 the State of New York to us the undersigned Commis- sioners directed, for the examination of U. V., W. X., and Y. Z., witnesses in a certain cause there depending, and at issue between M. N., plaintiff, and O. P., defendant, on the part and behalf of the plaintiff, as follows:' 1 A. B., of, [insert his place of residence and occupation,] aged years and upwards, being produced, sworn, and examined, on behalf of the plaintiff, in the title of these depositions named, does depose as follows: viz. First, To the first interrogatory he says, &c, [go on with the witnesses answer.] ( Secondly, To the second interrogatory he says,' Stc, and so on throughout. If he cannot answer, let him say that he knows not. 4. If there be any cross-interrogatories, the witness will go on thus: ' First. To the first cross-interrogatory he says,' &c, and so on throughout. 5. When the witness has finished his deposition, let him subscribe it, and the commissioners will certify as fol- lows: * Examination taken, reduced to writing, and } by the witness subscribed and sworn to, this > day of 183 , before us, ) A. B. i C. D. > Commissioners.' E. F. $ 6. If the deposition consists of more than one sheet, the commissioners should set their names in the margin, or at the foot of each half sheet, and so on with the next witness. 7. If any papers are referred to in the deposition, and are annexed thereto, they must be endorsed by those of the commissioners who execute the commission, in this man- ner: ' At the execution of a commission for the examination of witnesses, between M. N., plaintiff, and O. P., defendant, this paper writing was produced and shown to [insert the witness's name,] and by him deposed unto at the time of his examination, before us, A. B. ) C. D. > Commissioners.' E. F. ^ 8. When the witnesses are examined, their depositions are to be fairly copied on paper, and subscribed and certi- 192 , DEPOSITIONS. fied as above mentioned, after which the commission must be endorsed thus: ' The execution of this commission appears in certain schedules hereunto annexed. A. B. } C. D. > Commissioners.' E. F. J 9. The depositions must be annexed to the commission, and then the commission, interrogatories, and depositions, must be folded into a packet and bound with tape. The commissioners set their seals in the several meetings or crossings of the tape, endorse their names on the outside, and directed thus : In Chancery ") M. N. f v. ? O. P. ) To the Honourable the Chancellor of the State of New York, care of John Walworth, Esquire, Assistant Regis- ter, New York. 10. When the commission is thus executed, made up, and directed, it may be delivered to the Court by one of the commissioners personally, or it may be forwarded by some person coming to this place, and who must be able, on his arrival, to make oath before one of the Judges: ' That he received the same from the hands of A. B., one of the commissioners, and that it has not been altered or opened since he so received it.' [Or if no person is coming to this place, who will under- take to deliver the commission in person, the commissioners will forward it by the best conveyance that offers ; by mail, if within the United Slates.] * # * The commissioners are requested to be very careful to observe the foregoing Instructions, as the smallest varia- tion may vitiate the execution of the commission. Let the bearer of the commission be instructed to call, on his arrival at this place, upon R. S., who will inform him how to dispose of it. Forms of taking depositions on notice in Massachusetts. One in the case of an action pending in court. DEPOSITIONS. 193 Notice to the adverse party. \.. s. ss. To C. D. of , in the county of , Whereas A B. of , in the county of has requested me to take the deposition of of in the county of to be used in an action of pend- ing between you and the said A. B., and the house of in and the day of in the year of our Lord at of the clock in the noon, are appointed the time and place for the said deponent to testify what he knows relating to the said ac- tion ; you are hereby notified that you may then and there be present, and put such interrogatories as you may think fit. Given under my hand and seal, at on the day of in the year of our Lord, &c. O. P. Justice of the Peace. Summons to the Deponent. L. S. To of in the county of Greeting. Whereas has requested me to take your deposition to be used in an action now pending between him find . And the house of in , and the day of at o'clock in the noon, are appointed the time and place for taking the same depo- sition: You are hereby required in the name of the Com- monwealth of Massachusetts, then and there to appear, to testify what you know relating to the said action. Hereof fail not. Given under my hand and seal this day of in the year of our Lord one thou- sand eight hundred and O. P. Justice of the Peace. Caption. ss. On the day of in the year of our Lord , the aforesaid deponent was examined, and cau- 1R 194 DEPOSITIONS. tioned and sworn (or affirmed) agreeable to law, to the de- position aforesaid by him subscribed. Taken at the request of and to be used in an action of now pend- ing between him and before (here name the court, justice, referees or arbitrators,) and the adverse party was notified, and was (or was not) present, (as the case may be.) The said deponent living more than thirty miles from the place of trial, (or being about to go out of the Common- wealth, and not to return in time for the trial, or being bound on a voyage to sea, or being so sick, or being so in- firm, or being so aged, as to be unable to travel, and attend at the trial,) is the cause of taking this deposition. O. P. Justice of the Peace. Such deposition aforesaid should be sealed up by the magistrate taking it, and directed as follows: To the Honourable Justices of the Court, next to be holden at within and for the county of on the next. The deposition of to be used in the case of A. B. v. C. D. now pending in said Court. Taken and sealed up by me, O. P. Justice of the Peace. Deposition in perpetual remembrance. Notice to adverse Party. L. s. ss. To of in the county of Greeting. Whereas has requested us to take the deposition of of in the county of relative to (here state the matter to which the deposition relates) to be preserved in perpetual remembrance of the thing And the house of in and the day of at o'clock in the noon, are appoint- ed the time and place for the said deponent to testify what he knows relating to the said matter. You are hereby notified that you may then and there be present, and put such interrogatories as you may think fit. DEPOSITIONS. 195 Gvien under our hands and seals this day of iu the year of our Lord one thousand eight hun- dred and M. N. ) Justices of the Peace O. P. 5 Quorum Unus. Summons to Deponent. L. s. ss. To of in the county of Greeting. Whereas A. B. of in the county of has requested us to take your deposition in relation to, (here state the matter] to be preserved in perpetual remembrance of the thing. And the house of in and the day of at o'clock in the noon, are appointed the time and place for taking the same depo- sition: You are hereby required in the name of the Com- monwealth of Massachusetts, then and there to appear, to testify what you know relating to the said matter. Hereof fail not. Given under our hands and seals this day of in the year of our Lord one thous- and eight hundred and M. N. ) Justices of the Peace O. P. S Quorum Unus. Form of the Caption of a Deposition in perpetuam. Commonwealth of Massachusetts. ss. Town of This day of in the year of our Lord , personally appeared before us, the subscribers, two Justices of the Peace, in and for the county of quorum unus, the aforesaid deponent, and after being care- fully examined, and duly cautioned to testify the whole truth and nothing but the truth, made oath (or affirmed) that the foregoing deposition by him subscribed, is true. Taken at the request of to be preserved in perpetual re- membrance of the thing. And we duly notified who attended. Or wt knowing any persons liv- 196 DEPOSITIONS. ing within this Commonicealth, (or having any known agent or attorney therein} interested in the property (or matter} whereto the aforesaid deposition relates, did itot notify any persons to attend. M. N. ) Justices of the Peace O. P. $ Quorum Unus. In the Courts of Rhode Island, where they sometimes permit depositions to be taken without notice to the adverse party, when the deposition is taken out of the state, the fol- lowing is the form of caption. State of Massachusetts. City of Boston, ss. On this thirteenth day of March, A. D. 1832, came Y. Z. the aforesaid deponent, who being by me first carefully examined, cautioned and sworn to tes- tify the truth, the whole truth, and nothing but the truth, gave the preceding deposition, which was reduced to writing by me, and by him subscribed in my presence. Said deposition is taken at the request of C. D. of, &c, to be used in the trial of an action to be heard and tried be- fore the Supreme Judicial Court to be holden at Providence, within and for the county of Providence, in the state of Rhode Island, on the third Monday of March, A. D. 1832, in which action A. B. of, &c, is plaintiff, and the said C. D. is defendant. The adverse party not residing in this state, or within twenty miles of the place of taking this deposition, and having no known agent or attorney within this state, or that distance, was not notified or present at the taking here- of. I also certify that I am not attorney for either of the parties, or interested in the event of the suit. O. P. Justice of the Peace. The deposition, after being completed, and sealed by the magistrate, should be addressed as follows: To the Honourable Supreme Judicial Court, to be holden at Providence, in the state of Rhode Island, on the third Monday of March, A.D. 1832. Inclosed is the deposition of Y. Z. taken and sealed up by me. O. P. Justice of the Pence. EXCHANGES. 197 In the United States, and some of the particular states, by statute provision, judges of certain courts, or particular magistrates alone are empowered to take depositions. But in general, where there is no special provision, any justice of the peace, qualified to act under his commission, is authorized to take a deposition. EXCHANGES. ./Votes. A short summary of the doctrine of exchanges may be found in 2 Bl. Com. 323, and 3 WUs. Rep. 483. To what extent the doctrine of exchanges may be recog- nized in this country, is not clearly ascertained. Yet con- tracts of this kind by indenture, whereby one estate is simply exchanged for another, are sometimes found convenient. The following may serve as a form : Of Lands in Fee. This Indenture, made the day of , be- tween A. B., of , of the one part, and C. D., of , of the other part, Witnesses, that the said A. B. has given and granted, and by these presents does give and grant, unto the said C. D., one field or close of free- hold land, called or known by the name of , &c, with all and every of their appurtenances, situated, lying, and being in , in the county of , for and in exchange* of and for all the lands, tenements, and heredita- ments of the said C. D., called or known by the name of , in aforesaid, in the said county of To have and to hold the ssid field or close to the said C. D., his heirs and assigns for ever, for and in ex- change of and for the said lands, tenements, and heredita- ments, called , with the appurtenances : and the said A. B. does covenant viz.: [to free from incum- brances, tyc,] . And the said C. D. has likewise, on his part, given and granted, and by these presents does fully, freely, and absolutely give and grant, unto the said A. B., * * An express covenant for further assurance, and a special proviso for re-entry in case of eviction are used in conveyancing in England. 18* 198 GIFTS. his heirs and assigns, all those lands, tenements, and here- ditaments aforesaid, with the appurtenances, called or known by the name of , situated, lying, and being in aforesaid, in the said county of, Stc. To have and to hold the said lands, tenements, and hereditaments, Sec, to the said A. B., his heirs and assigns, for ever, for and in exchange of and for the said field or close of land, &c. Provided al- ways, 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 pres- ents, their heirs, executors, administrators, or assigns, shall at any time hereafter by colour or means of any Ibrmer or other gift, grant, bargain, or sale, or otherwise howsoever, be ousted or evicted of and from the possession of either of the said messuages or tenements, and other the premises so respectively granted in exchange, as aforesaid, or any part thereof, then and in such cases, these presents, and every matter and thing therein contained, shall be utterly void and of no 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 pre- mises, 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 con- tained to the contrary thereto in any wise notwithstanding. In witness, &c. GIFTS. [1] A Gift of Land. This Indenture, made this day of , be- tween A. B., of, &c, of the one part, and C. B., of, &c, son of the said A. B., of the other part, Witnesses, That the said A. B., for and in consideration of the natural love and affection which he has unto the said C. B., has given, granted, aliened, released, and confirmed, and by these pre- sents does, &c, unto the said C. B., his heirs and assigns, all that messuage or tenement, situated, &c, together with the privileges and all things appurtenant thereto, and all the estate, right, title, and interest, of him the said A. B. in and thereto. GIFTS. 199 To have and to hold the said messuage, and all the ap- purtenances thereof, to him the said C. B., his heirs and assigns, to his and their proper use and behoof for ever. [Md covenants of warranty against incumbrance, &>c y in common form, as the donor pleases .] In testimony whereof, &c. JVb/es. Such deeds should be acknowledged and re- corded. The consideration of love and natural affection is good between the parties, and would bar those claiming by in- heritance under the donor. But such consideration is not sufficient to protect the donee in the possession of the gift against the claims of prior creditors of the donor, when they legally seize the estate given, in satisfaction of their de- mands. [2] Of Personal Estate. Know all men by these presents, That I, A. B., of the borough of Wilmington, in the state of Delaware, merchant, for and in consideration of the natural love and affection which 1 bear unto rny daughter C. B., and for her better preferment in marriage, and the increase of her portion; and also in consideration of the sum of one dollar to me paid by my said daughter C. B., at and before the sealing and delivery hereof, the receipt whereof I do hereby acknowl- edge, have given, granted, bargained, and sold, and by these presents do give, grant, bargain, and sell unto my said daughter, C. B., all the goods and chattels following, to wit, &c, [or all those goods and chattels mentioned and express- ed in the schedule or writing hereunto annexed.'] To have and- to hold all and singular the premises, hereby given and granted, unto the said C. B., my daughter, her executors and administrators, for ever, as her and their own proper goods and chattels. In witness whereof I have hereunto set my hand and seal, this day of A. B. L. B. Witness, 200 GRANT. GRANT. [1] Of an Annuity or Rent Charge. This Indenture, made the , between A. B., of , of the one part, and C. B., of the same place, yeoman, father of the said A. B., of the other part, witnesses, that the said A. B., for divers good causes and considerations, and especially for and in consideration of the sum of one dollar, to him paid by the said C. B., at and before the sealing and delivery hereof, the receipt whereof he does hereby acknowledge, has given, granted, and con- firmed, and by these presents does give, grant, and confirm unto the said C. B., his executors, administrators, and assigns, and to Mary B. the wife of said C. B. one annuity, or yearly rent-charge, of five hundred dollars, lawful money, to be received, taken, had, and issuing out of all that mes- suage, &.c, which the said C. B., and Mary his wife, by deed indented under their hands and seals, bearing date the , granted unto the said A. 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 five hundred dollars unto the said C. B., his executors, administrators, and assigns, and to the said Mary for and during the natural life of the said C. B. and Mary his wife, the father and mother of the said A. 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 equal portions; and if it shall happen, that the said annuity or yearly rent-charge of five 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 any of the days or times of payment, whereon the same should, or of right ought to be paid as aforesaid, then and so often as it shall so happen, and at nil times thereafter, it shall and may be lawful to and for the said C. B., his executors, administrators, and assigns, and to the said Mary, into the above premises, or into any part thereof, to enter, and distrain for the said annuity or rent-charge, and the dis- tress and distresses, then and there found and taken, to take lead, drive, carry away, and impound, and the same impound- GRANT. 201 ed to detain and keep, at the proper risk and charges of the said A. B., his heirs and assigns, for the space of ten days: And if within the same space often 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 and distresses to expose and sell by a public auction, or vendue, for the best price that they may bring, and after the said annuity or yearly rent-charge, and the arrearages thereof, be fully paid and satisfied, together with the cost and charges thereabout, the overplus, if any be, to return to the said A. B., his executors, administrators, or assigns. And the said A. B., for himself, his heirs, executors, and admin- istrators, does covenant, promise, grant, and agree, to and with the said C. B., his heirs, executors, administrators, and assigns, and the said Mary, by these presents, That the said A. B., his heirs and assigns, shall and will well and truly pay, or cause to be paid unto the said C. B., his exe- cutors, administrators, and assigns, and to the said Mary, the said annuity or yearly rent-charge of five hundred dollars, above mentioned, in and upon the several days and times above mentioned, in manner and form above expressed, ac- cording to the true intent and meaning of these presents. Provided always, nevertheless, That if the said A. B., his heirs or assigns, shall and do allow, Stc, [as in a bond for tnainlenance] then and in such case he the said A. B., his heirs, executors, administrators, and assigns, shall pay or cause to be paid to the said C. B., his executors, adminis- trators, and assigns, or the said Mary, the sum of six 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 delivered, according to the true intent and meaning of these presents, in lieu and instead of the full quarterly payment of one hundred and twenty-five dollars which shall then be due. In witness whereof, we have hereunto set our hands and seals, this day of A. B. L. s. C. B. L. s, Sealed and delivered in presence of E.G. F. G, [2] Of a Reversion of an Estate of Freehold. To all persons to whom these presents shall come, I A. B., of, Sic, send greeting. Whereas C. B., my father, has and holds for the term of his natural life, a certain tenement with its appurtenances, situated in , and bounded and described as follows, to wit: , the reversion whereof belongs to me the said A. B. and my heirs. Now therefore know ye, that I, the said A. B., in consideration of the sum of , to me paid by O. P., of, &c, the receipt whereof is hereby acknowledged, have given, grant- ed, bargained, sold, and conveyed, and by these presents I do give, &c, unto the said O. P., his heirs and assigns, the reversion or remainder of the said tenement and its appurte- nances, after the decease of my said father. To have and to hold the said reversion or remainder, and the said estate after the decease of my said father, to him the said O. P., his heirs and assigns, to his and their use and behoof forever. And I, the said A. B., for myself, my heirs, executors, and administrators, do covenant with the said O. P., his heirs and assigns, that at the present time I am lawfully seized in fee of the reversion or remainder of said tenement, immediately after the decease of the said C. B. ; that the said reversion or remainder now is, and the said tenement and appurtenances immediately after the decease of the said C. B. shall be free from all manner of incumbrance; that I have good right and lawful authority to sell the said rever- sion or remainder to the said O. P. as aforesaid; and that, after the decease of the said C. B., 1 will, and my heirs, executors, and administrators, shall, warrant and delend the said tenement and appurtenances to the said O. P., his heirs and assigns for ever, against the lawful claims and demands of all persons. In witness whereof, Sec. [3] Of a Reversion after a Term of Years. To all persons to whom these presents shall come, A. B., of, &c, sends greeting. Whereas the said A. B., by indenture, bearing date the GRANT. 203 day of , for the consideration of , in the said indenture mentioned, did demise, &c, \follo\c the language of the lease,] to Y. Z., of, &c, all those parcels of land and estate, situated in , bounded and describ- ed as follows, to wit: , to hold the same to the said Y. Z., his executors, administrators, and assigns, for the term of years, as in and by said indenture ap- pears. JVow know ye, that I, the said A. B., in considera- tion of , to me paid by O. P., of, &c, the receipt whereof is hereby acknowledged, have given, granted, bar- gained, sold, and conveyed; and by these presents I do give, grant, bargain, sell, and convey, to the said O. P., his heirs and assigns, the reversion of all and every part of said lands and estate, with all the appurtenances thereof, after the ex- piration of said term of years. To have and to hold the said reversion, to him the said O. P., his heirs and assigns, to his and their use and behoof forever. And I, the said A. B., for myself, my heirs, ex- ecutors, and administrators, do covenant with the said O. P., his heirs and assigns, that I am lawfully seized in fee of the said reversion of said estates, that the same are free of all incumbrances, the before mentioned indentures of lease excepted ; that I have good right and lawful authority to sell and convey the said reversion to the said O. P. as aforesaid; and that, after the expiration of the said lease, I will, and my heirs, executors, and administrators, shall, warrant and defend the said parcels of land to him the said O. P., his heirs and assigns, against the lawful claims and demands of all persons. In testimony whereof, Sec. [4] By a Tenant for Life. Know all men by these presents, that I, A. B., of, &c, in consideration of the sum of , to me paid by C. D., of, .Stc, the receipt whereof is hereby acknowledged, have given, granted, sold, and conveyed, and by these pre- sents 1 do give, grant, sell, and convey, to the said C. D., his executors and administrators, a dwelling house, garden, and out building, now in my possession, situated in , bounded and described as follows, to wit, Stc, with all the privileges to the same appertaining. 204 INDENTURE. To have and to hold the aforegranted premises to him the said C. D., his executors and administrators, to his and their use and behoof, for and during the natural life of me, the said A. B. And I, the said A. B., for myself, my heirs, executors, and administrators, do covenant with the said C. D., his executors and administrators, that I am lawfully seized of the herehy granted premises for and during my natural life ; that 1 have good right to sell and dispose of the use thereof during the term of my natural life ; that I have not made or suffered any incumbrance on my said life estate in the premises ; and that the said C. D., his executors and administrators shall peaceably and quietly enjoy the same for and during the term of my natural life, free and dis- charged of and from the lawful claims and demands of all persons. In testimony whereof, &c. INDENTURE. Indenture is an instrument made by two or more persons, wherein each engages to do, or abstain from doing, some- thing. It usually begins, 'This Indenture made,' &.c. It is the most convenient form of contract, when all the contracting parties have something to do and perform. It is generally the form adopted in making leases, assignments, and other similar contracts, as well as for binding out appren- tices, &c. [1] Of Apprenticeship. This Indenture witnesses, that C. B , of , has put and placed, and by these presents does put and bind out his son A. B., and the said A. B. does hereby put, place, and bind out himself as an apprentice to O. P., to learn the ait, trade, or mystery of . The said A. B., after the manner of an apprentice to dwell with and serve the said O. P. from the day of the date hereof, until the day of , which will be in the year of our Lord , 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 shall well and faithfully serve his said master ; keep his secrets, and every where at INDENTURE. 205 all times readily obey his lawful commands ; he shall do no damage to his said master, nor wilfully suffer any to be done by others, and if any to his knowledge be intended, he shall give his master seasonable notice thereof. He shall not waste the goods of his said master, nor lend them unlawfully to any ; he shall not play at cards, dice, or any other un- lawful game ; he shall not contract matrimony during the said term ; he shall not haunt or frequent taverns, tippling houses, or places of gaming ; he shall not absent himself from the service of his said master ; but in all things, and at all times, he shall carry and behave himself as a good and faithful apprentice ought, during the whole time or term aforesaid. And the said O. P., on his part, does hereby covenant, promise, and agree, to teach and instruct the said appren- tice, or cause him to be taught and instructed in the said trade, and to read and write, and cypher as far as the rule of three, if the said apprentice be capable to learn ; and shall well and faithfully find and provide for the said apprentice, good and sufficient meat, drink, clothing, lodging, and other necessa- ries fit and convenient for such an apprentice, during the term aforesaid, and at the expiration thereof, shall give unto the said apprentice, two suits of wearing apparel, one suita- ble for Sundays, and the other for working days. In testimony whereof, the said parties have hereunto in- terchangeably set their hands and seals the day of , in the year C. B. L. s. A. B. L. s. O. P. L. S. Signed, sealed, and delivered, in presence of us, E. F. G. H. [2] By Overseers of the Poor. This Indenture witnesses, That C. D. and E. F., over- seers of the poor of the township of in the count/ of , have put and placed, and, by virtue of an act of assembly of the state of , entitled ' An Act for 19 206 INDENTURE. the relief of the poor,' do hereby, with the approbation and consent of W. X. and Y. Z., esquires, two of the justices of the peace for the said county, put and place, and bind out A. B. one of the paupers of said town, &c. [3] Of Servitude. This indenture witnesses, That A. B., aged about ten years, by and with the consent and advice of her mother C. B., of , widow, and for and in consideration of the sum of dollars, paid to the said mother by D. E., of , as also for other good causes, has bound and put herself, and by these presents does bind and put herself, ser- vant to the said D. E., to serve him, his executors, adminis- trators, and assigns, from the day of the date hereof, for and during the full term of eight years, thence next ensuing, during all which term the said servant her said master, his executors, administrators or assigns, faithfully shall serve, and that honestly and obediently in all things, as a good and dutiful servant ought to do : And the said D. E., his execu- tors, administrators and assigns, during the said term, shall find and provide for the said A. B. sufficient meat, drink, apparel, lodging, and washing; and at the expiration thereof, shall give to her the customary freedom dues. In witness. &c. [4] To bind as a servant, a Minor of the age of fourteen years or upwards, by a father or mother. This Indenture witnesses, That A. B., of, &c, has put and placed, and by these presents does put, place and bind out his (or her) son C. B., and the said C. B. does hereby consent to be put, placed and bound out upon the terms herein expressed, as a servant to R. P., to [here the par- ticulars of his service may be mentioned] and the said A. B. does hereby covenant with the said R. P., that lie the said C. B. shall as a servant as aforesaid, dwell with and serve the said R. P., from the day of the date of these pre- sents until the day of , which will be jn the year of our Lord INDENTURE. 207 B , if he shall be living, will be twenty-one years of age. During all which time or term, the said C. B. his said mas- ter as a servant well and faithfully shall serve ; his secrets keep, and his lawful commands every where at all times readily obey ; he shall do no damage to his said master, nor wilfully suffer any to be done by others ; and if any to his knowledge be intended, he shall give his master seasonable notice thereof. He shall not waste the goods of his said master, nor lend them unlawfully to any ; at cards, dice, or any other unlawful game he shall not play ; he shall not con- tract matrimony during the said term ; taverns, ale-houses, or places of gaming, he shall not haunt or frequent : From the service of his said master he shall not absent himself; but in all things and at all times he shall carry and behave himself as a good and faithful servant ought, during the whole time or term aforesaid. And the said R. P., on his (or her) part does hereby promise, covenant and agree, &c, [here insert the terms to be performed on the part of the master.] In testimony whereof, &.c. [5] If the Minor be bound by a Cruardian This Indenture witnesses, That A. B., of, &.c, guardian of C. D., a minor, above the age of fourteen years, son of E. F., late of, &c, deceased, has put and placed, and by these presents, with the consent of the said C. D. does put and place him the said C. D., a servant to R. P., of, &c, to [as in the last form.] [6] If the Minor have no parent or guardian, and is to be bound with the approbation of the Selectmen. This Indenture witnesses, That C. D. a minor, above the age of fourteen years, now resident in , in the county of , in the Commonwealth of Massachu- setts, having no father, mother, or guardian, within the said commonwealth, has put and placed, and with the approba- tion of the selectmen, (or the major part of the selectmen) 208 INSOLVENTS. of the said town of , does by these presents, put, place, and bind out himself, as a servant to R. P., of, &c, to [as before.] [7] By his Guardian. This Indenture witnesses, That A. B., of, &.c, guardian, legally appointed, of C. D., a minor under the age of four- teen years, son of E. F., late of, Stc, deceased, has put and placed, and by these presents does put and place the said C. D. INSOLVENTS. Petition to give bond Pennsylvania form. To the honourable E. K., president judge of the Court of Common Pleas, of Philadelphia County, the Petition of C. D., respectfully shows: That your petitioner is now in custody, under , issued by E. F., at the suit of G. H. That your petitioner has resided in the county of Philadelphia for six months im- mediately preceding this his application. Your petitioner therefore prays your Honour, that he may be permitted, in order to procure his discharge, to give bond to the plaintiff in said suit, in such penalty, and with such security, as your Honour may direct and approve, agreeably to the acts of assembly, entitled ' A supplement to the Act, entitled An Act for the relief of Insolvent Debtors, and the farther sup- plement thereof;' and that, on his complying with the pro- visions of the said acts, he may be discharged. Affidavit of Surety. Richard Roe, the surety proposed in the above case, be- ing duly sworn [or affirmed,] says that he is worth one hundred dollars after payment of all his debts and responsi- bilities whatsoever. RICHARD ROE. Sworn and subscribed before me, this first day of July, A. D., 1829. S. B. One of the Aldermen of the city of Philadelphia. INSOLVENTS. 209 N.B. The security should appear to be worth the penal sum in the bond, over and above the goods and chattels which by the laws of the several States, he is -allowed to re- tain against his creditors, under an execution, or a distress for rent. Bond. Know all men by these presents, That we, John Doe and Richard Roe, of the city of Philadelphia, merchants, are held and firmly bound unto Robert Fenn, of the said city, hatter, in the sum of one hundred dollars, lawful money of the United States of America, to be paid to the said Robert Fenn, his executors and administrators; to which payment well and truly to be made, we do bind ourselves, our heirs, executors, and administrators, jointly and severally, firmly by these presents. Sealed with our seals, dated the first day of July, one thousand eight hundred and twenty-nine. Whereas the above bound John Doe has been arrest- ed in execution at the suit of the said Robert Fenn, for the sum of fifty dollars: And the said John Doe having made application to the Honourable Edward King, president judge of the court of Common Picas of the county of Phila- delphia, in compliance with the provisions of the Act of the General Assembly of the Commonwealth of Pennsylvania, passed the twenty-eighth of March, one thousand eight hun- dred and twenty, entitled 'A supplement to the act, entitled A supplement to the act, entitled An act for the relief of In- solvent Debtors,' passed the twenty-ninth of January, one thousand eight hundred and twenty, to give bond to the said Robert Fenn, with such security as should be required and approved by the said judge: And the said judge upon the said application, having required security in the sum of one hundred dollars, and having approved of the said Richard Roe as security for the said sum: Now the condition of this obligation is such, that if the above bound John Doe shall be and appear at the next Court of Common Pleas for the county of Philadelphia, then and there take the benefit of the insolvent laws of this Commonwealth, and surrender himself to the gaol of the said county, if he fail to comply with all things required by law to entitle him to be discharg- ed, and generally abide all orders of the said court, then 19* 210 INSOLVENTS. this obligation to be void, otherwise to remain in full force and virtue. JOHN DOE. L. s. RICHARD ROE. L. s. Sealed and delivered in the presence of us, A. B. C. D. Discharge from Custody. R. F. K. F. ) vs. } J. D. j Before Alderman S. B. Discharge the aboye named Defendant, he having given bond to the said Plaintiff, with surety approved by me, the subscriber, E. K. President Judge of the Court of Common Pleas for the City and County of Philadelphia, agreeably to the provisions of the act of assembly, passed the 29th of January, 1820, entitled 'A Supplement to an act for the re- lief of Insolvent Debtors,' and the supplement thereto, pass- ed on the 28th of March, 1820, on paying jail fees, if any due. Witness my hand, this day of E. K. 1830. To the sheriff, constable, or other person, having the defendant in custody. Final Petition. To the Honourable the Judges of the Court of Common Pleas of Philadelphia County, the petition of John Doe respectfully shows: That your petitioner, by reason of sundry losses and mis- fortunes, is now unable to pay and satisfy his just debts, and therefore is compelled to apply to your honourable court for the relief provided for insolvent debtors, by the existing in- solvent laws of this Commonwealth; that your petitioner has resided within the county of Philadelphia six months imme- diately preceding this his application, and is now willing and offers to deliver up to the use of his creditors, all his proper- ty, real, personal, and mixed, to which he is in any manner entitled, a schedule whereof, together with a list of his creditors, and the nature and amount of their debts, as far as he can ascertain the same, with a statement of his losses, INSOLVENTS. 211 and the means whereby he became insolvent, are exhibited with and annexed to this petition. Your petitioner therefore applies to your honourable court, and prays that your honours will grant him such relief as is prescribed by the existing insolvent laws of this Com- monwealth. avit. John Doe, the above named petitioner being duly sworn [or affirmed as the case may be] according to law, says, that the annexed schedule contains a just and true account of all the property, real, personal, and mixed, to which he is in any manner entitled ; and that the list of his creditors, and the nature and amount of their debts, as far as he can ascertain the same, and the statement of his losses, and the means whereby he became insolvent, exhibited with and an- nexed to this petition, are likewise true, just, and correct, to the best of his knowledge and belief. Sworn and subscribed before me, this twentieth day of June, A. D. 18 C 29. J. S. Schedule of all the Property, Real, Personal, and mixed, to which the within-named Petitioner is in any manner entitled. Uolls. Cl* House in Second Street, value, 2500 00 Schooner Jane, now at sea, 1250 00 Old sails, ropes, and anchors, 75 00 Goods in store, 3210 00 Household furniture, valued at, 750 00 Good book debts, as per leger, Doubtful ditto. 2242 535 5C 25 Bad ditto, 3420 12 Cash on hand, 15 37 13998 24 212 INSOLVENTS. List of the within-named Petitioner's Creditors, and the nature and amount of their debts as far as he can ascertain tht same. Dolls. Cu. Bank of the United States, promissory note, Bank of Pennsylvania, ditto, Stephen Girard, promissory note, John Simmons, for rigging, 4000 2500 3500 350 00 00 00 00 James Stewart, biscuit, &c, 157 25 Samuel Jones, repairing schooner, 125 12 David Emlen, dry goods, 54 18 Simon Smart, groceries, A. B., C. D.,E. F., G.H., &c,&c. 25 42 Statement of the within named Petitioner's Losses, and the means whereby he became insolvent. Lost by sugar and coffee, in the years 1827, 1828, by rum, in the years 1827, 1828, by bad debts, in four years, House expenses. Physician's bills, &c, Stock on band, Assignment. For a valuable consideration, I hereby assign, transfer, and set over unto John Denn and Richard Fenn, their heirs and assigns, all my estate, real, personal and mixed, to which I am in any manner entitled, for the use of all my creditors. Witness my hand and seal this second day of July, A. D. one thousand eight hundred and twenty-nine. JOHN DOE. L. s. Witnesses present, A. B. C. D. JOINTURE. 213 JOINTURE. Jl Jointure settled on an intended Wife. This Indenture, made this first day of March, in the year of our Lord one thousand eight hundred and thirty-two, be- tween A. B. of , of the first part, O. P. of , of the second part, and R. S. of , widow of the third part, witnesses, That the said A. B. in consideration of a marriage to be had and solemnized between him and the said R. S. does for himself, his heirs and assigns, covenant, grant and agree, to and with the said O. P. his heirs and assigns, that he the said A. B. his heirs and assigns, shall and will forever hereafter, stand seised of and in that mes- suage, &c, situated, &c, whereof he is now actually and lawfully seized in fee simple, to the uses following, that is to say, to the use of him the said A. B., for and during the term of his natural life, without impeachment of waste; and after his said marriage with the said R. S., and after his de- cease, to the use of the said R. S. so long as she shall remain his widow, and unmarried, without impeachment of waste, for her jointure, and in lieu and in satisfaction of her whole right of dower in his estate, and after his decease, and the expiration of her said estate, to the use of his the said A. B.'s heirs and assigns forever. And the said A. B. in consideration of the premises, and of one dollar to him paid by each of the other persons parties hereto, of the other parts, does for himself, his heirs, executors and administra- tors, covenant and agree to and with the said O. P. who is the brother of said R. S., his executors and administrators, that, said marriage being solemnized, he the said A. B. will carefully and according to his best skill and judgment, hus- band, manage, and preserve her estate, which she now has, and which, during the said marriage, she may acquire or become entitled to by descent, distribution or otherwise, and take and reserve to his own use only the interest and income thereof during the said marriage, and at the expiration there- of, he the said A. B. will by his last will and testament, or otherwise have secured to her, if she shall survive him, or to her heirs at law, if he shall survive her, all her said es- tate, excepting the use and income thereof, during the said marriage, and excepting such as shall be consumed by use, 214 JOINTURE. or lost, diminished or impaired, by casualty or unfortunate investment : And that the said R. S. at any and all times during her life, shall have power by her appointment testa- mentary to name and designate the person or persons who shall take and have any part or the whole of her said estate after her decease. And the said R. S. in consideration of the premises, and of one dollar to her paid by the said A. B. does for herself, he/ heirs, executors and administrators, covenant and agree with the said A. B. that the said messuage so assigned for her use shall be in full satisfaction, and instead of all her right of dower in said A. B.'s estate, if she should survive him; and that she shall be forever barred and estopped from claiming and receiving any thing else as and for her dower in his the said A. B.'s real estate, in case of her surviving him; and further that if said marriage shall be had, and thereupon she shall survive him, that she will not claim, de- mand, or receive any share in his the said A. B.'s personal estate; but she wholly renounces her right thereto. Pro- vided however, that the said A. B. shall fulfil and keep his covenants herein contained, and have and secure her said estate to her, her heirs or appointees as is herein provided. And the said O. P. for himself, Stc, does covenant with the said R. S., &c, that he the said O. P. will faithfully execute the powers given, and duly enforce the covenants made to him by said A. B. as is herein provided, for the benefit of her the said R. S. and her heirs and appointees. In witness whereof, &c. JVbfes. To make a good jointure four things must be observed. 1. It must take effect on the death of the husband. 2. It must be for the widow's life, and not pour outer vie, or for a term of years, or any smaller estate. 3. It must be made to herself, and to no other person, for her use. 4. It must be made, and in the deed expressed to be in full satisfaction for her whole right of dower, and not for any particular part of it. 2 Bl Com. 137. A jointure cannot safely be trusted to be made by any but a skilful conveyancer for unless the rules of law are LEASES. 215 strictly followed in its provisions, it will be void, or fail to operate in the manner the parties intended. LEASES. [1] A General Form. This Indenture made this first day of April, in the year of our Lord one thousand eight hundred and thirty-two, by and between A. B. of gentleman, and C. D. of trader witnesses, : That the said A. B. has agreed to lease, demise, and let, and he does hereby lease, demise, and let, unto the said C. D. the dwelling-house, house lot and out buildings, situated in bounded and describ- ed as follows, to wit: To have and to hold the same to him the said C. D. his executors, administrators and assigns, to his and their use, for and during the full term of five years from the day of the date hereof, on the terms and condition that the said C. D. shall pay therefor the yearly rent of five hundred dollars, during the said term, in the manner herein after provided. And the said A. B. for himself, his executors, and ad- ministrators, covenants with the said C. D., his executors, administrators and assigns, that he and they mav, and shall, occupy the hereby leased premises during the term aforesaid, peaceably, and quietly, and free from all claim and demand of every and all other persons. And the said C. D. for himself, his executors, adminis- trators and assigns, does covenant with the said lessor and his legal representatives, that he the said lessee will pay to said lessor, yearly and in every year during said term, the sum of five hundred dollars, as the annual rent of the premises, to be paid in quarter yearly payments of one hun- dred and twenty-five dollars each, on every first day of July, October, January, and April, during said term. And the said lessee as aforesaid, does further promise the said lessor as aforesaid, that he the said lessee will also during the said term truly and fully pay and discharge all the taxes and du- ties that shall be levied on the hereby leased premises during said term. And it is farther agreed between the parties hereto, that the said lessee shall not during the said term, 216 LEASES. make or suffer any waste of, or in the premises; that he will not, during said term, make or suffer to be made any alteration of or in said estate without the consent of the les- sor; and that at the end of said term the said lessee shall deliver and give possession of the premises to- said lessor in as good order as the same are now in, or may be put in by the lessor, reasonable wear, fire and other unavoidable casu- alties excepted; and that at all times during the said term the lessor may enter to view the premises, and make improve- ments thereon, and that he may expel the lessee if he shall fail or neglect to fulfil the covenants herein on his part pro- vided. And it is farther agreed as aforesaid that if during the term the said house shall be destroyed by fire or other unavoidable casualty, thereupon this lease shall be terminat- ed. And it is farther agreed as aforesaid, that if the said lessee shall neglect or refuse to pay the rent and taxes aforesaid, or to keep and to perform all and every of the covenants herein on his part contained, thereupon the lessor may take possession of the leased premises and thereupon if the said lessee shall pay the rent and taxes due and fulfil all his neglected covenants, within days, he shall thereupon resume the possession of the premises but if he shall neglect to pay said rent or taxes, or to fulfil his neglected covenant, for days after the lessor shall so take possession, thereupon the lessor may at his pleasure either terminate the lease, or lease the demised premises to any other person, and this lessee shall be hoiden to pay all the difference of rent, and all loss that shall otherwise there- upon be sustained by the said lessor. In testimony whereof the parties have hereunto set their hands and seals the day and year first herein written. A. B. L. 3. C. D. L. s. In presence of [2] A Short Form of a Lease. This Indenture made this first day of April, in the year of our Lord one thousand eight hundred and thirty-two, by and between A. B. of , and C. D. of , witness- es: That the said A. B. has demised and let, and he does LEASES. 217 hereby demise and let to the said C. D. his the said A. B.'s retail dry goods store, with the cellar under and the cham- bers over, and the counters, drawers, and shelves in the same, being the store numbered on the westerly side of street in said with all the privileges and appurtenances to the same belonging. To have and to hold the same to him the said C. D. for and during the term of five years. And the following are the terms, conditions and provisions of this lease. The rent of said store annually during said term shall be six hundred dollars, which said C. D. shall pay to said A. B. in quarter yearly payments, of one hundred and fifty dollars each. The said C. D. shall not make or suffer any strip or waste of the premises, but he shall, during said term promptly pay all duties and taxes that shall be levied on said store, and keep the premises in good repair, and deliver up the same to said A. B. at the end of the term in reasonably good order, fire and unavoidable casualties excepted. Said A. B. engages that said C. D. shall quietly enjoy the premises during said term free from the adverse claims of all persons. In case said store shall be destroyed or rendered unfit for its accustomed uses by fire or other unavoidable casualty during said term, thereupon this lease shall be ended. If said C. D. shall neglect to make any quarterly payment of rent, or of any tax or duty, or refuse or neglect to fulfil any condition herein on his part contained, for the term of thirty days after said A. B. shall in writing have given him notice of such neglect, thereupon the said A. B. may enter the premises and expel the said C. D. therefrom; and at his pleasure terminate the lease, or let the premises to some other person for the residue of the term, and hold the said C. D. liable for all loss thereon. And all the grants, covenants and conditions herein con- tained shall extend to and be binding on the legaJ represent- atives of the parties respectively as well as themselves. In testimony whereof, &c. 20 218 [3] Another Form of Lease such as is used by careful Landlords. This Indenture, made the first day of April, in the year eighteen hundred and thirty- two, between A. B. of , of the one part, and C. D. of , of the other part, witnesses, that in consideration of the covenants herein contained on the part of the said C. D. and his representa- tives, to be kept and performed, he the said A. B. does hereby grant, demise and lease unto the said C. D. and his representatives, [here describe the premises.] To have and to hold the said , and other the pre- mises hereby demised, with the rights, easements and ap- purtenances thereto belonging, unto the said C. D. and his representatives, from the day of , during the full term of , thence next ensuing. Yielding and paying (except only in case of fire or other casualty, as hereinafter is mentioned) the rent or sum of yearly, by equal quarterly payments on the day of , the day of , the day of , and the last day of , in every year during said term, and at that rate for such farther time, as the said lessee, or any other person or persons claiming under him, shall hold the said premises or any part thereof ; the first quarterly payment thereof to be made on the day of now next ensuing. And the said C. D. for himself and his representatives, hereby covenants and agrees with and to the said A. B. his representatives and assigns, that he and they will during the said term, and for such farther time as the said lessee or any other person or persons claiming under him shall hold the said premises or any part thereof pay unto the said les- sor, his heirs or assigns the said yearly rent upon the days hereinbefore appointed for the payment thereof; (except only in case of fire or other casualty, as hereinafter mentioned,) and also all the taxes and assessments whatsoever, whether in the nature of taxes now in being or not, which may be payable for, or in respect of the said premises, or any part thereof during said term; And also will keep all and singu- lar the said premises in such repair, as the same are in at the commencement of said term, or may be put in by the said lessor or his representatives during the continuance LEASES. 219 thereof; reasonable use and wearing thereof and damage by accidental lire or other inevitable accidents alone ex- cepted. And the said C. D. does farther covenant and agree with and to the said A. B. his heirs and assigns, that he, or others having his estate in the premises, will not assign this lease, nor underlet the whole or any part of the said premises ; and that no alterations or additions shall be made during the term aforesaid, in or to the same without the consent of the said lessor, or of those having his estate in the premises being first obtained in writing allowing thereof; And also that it shall be lawfal for the said lessor, and those having his estate in the premises, at seasonable times to enter into and upon the same, to examine the condition thereof; And farther that he the said C. I), and his repre- sentatives shall and will, at the expiration of said term, peaceably yield up unto the said lessor or those having his estate therein, all and singular the premises and all future erections and additions to or upon the same, in good tenant- able repair in all respects, reasonable wearing and use thereof and damage by fire or other casualties excepted. Provided always, and these presents are upon this condi- tion, that if the said lessee or his representatives or assigns do or shall neglect or fail to perform and observe any or either of the above covenants hereinbefore contained, which on his or their part are to be performed, then, and in either of said cases, the said lessor, or those having his estate in the said premises, lawfully may, immediately or at any time thereafter, and whilst such neglect or default continues, and without farther notice or demand, enter into and upon the said premises, or any part thereof in the name of the whole, and repossess the same as of his or their former estate, and expel the said lessee and those claiming under him, and re- move his effects (forcibly if necessary) without being taken or deemed guilty of any manner of trespass and without prejudice to any remedies, which might otherwise be used for arrears of rent, or preceding breach of covenant. And provided also, that in case the premises, or any part thereof shall, during said term, be destroyed or damaged by fire or other unavoidable casualty, so that the same shall be thereby rendered unfit for use and habitation, then, and in such case, the rent hereinbefore reserved, or a just and proportional part thereof, according to the nature and extent 220 LEASES. of the injury sustained, shall be suspended, or abated until the said premises shall have been put in proper condition for use and habitation by the said lessor. And the said lessor covenants and agrees with the said lessee and his representatives, that he and they paying the rent aforesaid and performing the covenants herein contain- ed, on his and their part to be paid and performed, shall peaceably hold and enjoy the said demised premises without hindrance or interruption by the said lessor, or any other person or persons whomsoever. In witness whereof the said parties have hereunto inter- changeably set their hands and seals, the day and year first abovementioned. [4] Another Form of Lease, such as is and has Ions: been in general use in JVete England but which is defective, and in many respects imperfect. This Indenture, made the first day of April, in the year of our Lord one thousand eight hundred and thirty-two, witnesses, That A. B. of, &c, does hereby lease, demise, and let unto C. D. of, &c, [describe the premises.] To hold for the term of years, from the first day of April instant, yielding and paying therefor the rent of dol- lars per year. And the said lessee does promise to pay the said rent in quarter yearly payments of each, computing from and after the day of the date hereof, and to quit and deliver up the premises to the lessor, or his attor- ney, peaceably and quietly, at the end of the term, in as good order and condition, reasonable use and wearing thereof, fire, and other unavoidable casualties excepted, as the same now are, or may be put into, by the said lessor, and to pay the rent as above stated, and all taxes and duties levied, or to be levied thereon, during the term, and also the rent and taxes, as above stated, for such farther time as the lessee may hold the same, and not make or suffer any waste thereof; nor lease, nor underlet, nor permit any other person or persons to occupy or improve the same, nor make or suffer to be made, any alteration therein, but with the approbation of the lessor, thereto in writing having been first obtained ; and that the lessor may enter to view, and LEASES. 221 make improvements, and to expel the lessee, if he shall fail to pay the rent and taxes as aforesaid, or make or suffer any strip or waste thereof. In witness whereof, Stc. [5] Of Goods, or Household Furniture. This Indenture, made and concluded this first day of April, in the year of our Lord one thousand eight hundred and thirty-two, by and between A. B. of, &.c, of the first part, and C. D. of, Sec, of the second part, witnesses, That the said A. B. in consideration of the covenants here- inafter contained, on behalf of the said C. D. has demised and leased, and he does hereby demise and lease to the said C. D. his executors, administrators and assigns, all the E(or household furniture) described as follows, to wit : describe it.] To have and to hold the same to him id C. D. his executors, administrators and assigns for and during the full term of three years, from the day of the date hereof, he yielding and paying therefor the annual rent of one hundred dollars, in four equal quarter yearly pay- ments of twenty-five dollars each, payable on the first days of July, October, January and April, in each and every year during the said term. And the said A. B. covenants that during the term aforesaid the said C. D. shall quietly and peaceably enjoy the hereby leased premises, free from any legal claim of any and all other persons thereto. And the said C. D. covenants that he will pay to the said A. B. for and during said term, as rent for the things herein de- mised, the said annual sum of one hundred dollars, in quar- ter yearly payments of twenty-five dollars each as is herein before provided ; and that he will not assign or underlet the said goods, or any part thereof without the written consent of said A. B. : and that he will at his own expense replace any and all of said goods which shall be lost, or carelessly or accidentally injured during the said term ; and at the ex- piration of said term, or the sooner termination of this lease, he will restore the said goods to him the said A. B. or his legal representatives, in the like good order in which they now are, wear and diminution resulting from reasonable use, fire and other casualties e.xcepted. In witness whereof, &.c. 20* In leases a variety of provisions may be inserted accord- ing to the agreement of the parties. Proviso for the termination of the lease at the pleasure of either party. And it is farther provided and agreed, that either party may at his pleasure terminate this lease on the terms and conditions, that he shall have fulfilled all the covenants here- in on his part contained, that he shall pay to the other party the sum often dollars for his privilege to terminate the lease, and that he shall give to the other party twenty days pre- vious notice of his intention to terminate the lease. Proviso for the purchase of the goods leased, .i , A. B. i.. s. Signed, sealed, and delivered, in presence of [3] General form to recover Debts, Sfc. Know all men by these presents, That I, A. B., of the city of New Orleans, and state of Louisiana, 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 aforesaid, merchant, my true and lawful attorney, for me, and in my name, and for my use, to demand, sue for, recover, and receive, all such sums of money, debts, goods, wares, and other demands or property whatsoever, which is or shall be due, owing, payable and belonging tome, by any manner or means what- soever, especially, &c. Giving and granting unto mj said attorney, by these pres- ents, 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, property, 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, every other act or thing in the law what- soever, needful and necessary to be done in and about the premises, for me and in my name, to do, execute, and per- form, as fully, and amply, to all intents and purposes, as I myself might or could do, if personally present, and attor- neys one or more under him, for the purpose aforesaid, to make and constitute, and again at pleasure to discharge. LETTEE OF ATTORNEY. 239 And 1 hereby ratify, and hold 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 first day of January, in the year of our Lord one thousand eight hun- dred and thirty-two. [4] To receive Dividend of Stock. Know all men by these presents, That I, A. B. of the city of Pittsburgh, and state of Pennsylvania, blacksmith, do make, constitute, and appoint C. D. of the city of Wash- ington, in the district of Columbia, esquire, my true and lawful attorney, for me and in my name to receive the divi- dends which are or shall be payable 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 maij 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 my said attorney or his substitutes shall lawfully do by virtue hereof. In witness, &c. [5] To receive the back Pay of a deceased Soldier. Know all men by these presents, That I, A. B., admin- istratrix of all and singular the goods and chattels, rights and credits, which were of C. B., 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 appointed, and by these presents do make, constitute, and appoint, O. P., of , my true and lawful attorney, for me and in my name and for my use, to demand, and receive, from the proper officer of the United States authorized to settle and pay the same, all sum or sums of money or arrearages of pay due and coming unto the said C. B., deceased, giving and granting unto my said attorney my whole strength and power in the 240 LETTER OF ATTORNEY. premises, hereby ratifying and confirming all that my said attorney shall lawfully do by virtue hereof. In witness, &c. [6] To receive a Legacy. To all people to whom these presents shall come: I, A. B., of, &c, together with S. B. my wife, (late S. W.,) one of the daughters and legatees, named in the last will and testament of H. W., late of, Stc, deceased, send greeting : Whereas the said H. W., in and by his last will and testa- ment, 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 estale, as the case may be.] And of his said will appointed C. D. executor, as in and by the said will, duly proved and remaining in the Probate office at , relation being thereunto had, appears. Now know ye, That I, the said A. B. together with S. B. my wife, have made, constituted, and appointed, and by these presents do make, constitute, and appoint, O. P., of, &c, our true and lawful attorney, for us and in our names, and for our use, to demand, sue for, recover, and receive, of and from the said C. D., 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 de- mands whatsoever, which are or shall be due, owing, paya- ble, and belonging to us by any means whatsoever, lor or on account of said S. B.'s full share, part, or dividend of the estate aforesaid, and to give discharges therefor. Giving and granting, &c. [7] To convey Lands. Know all men by these presents. That I, A, B., of, &c, have made, constituted, and appointed, and by these pre- sents do make, constitute, and appoint, and in my place and LETTER OF ATTORNEY. 241 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 messuage, &c, [here de- scribe the premises,] with the appurtenances, and all my estate, right, title, and interest therein, unto such person or persons, and for such price or prices, as he shall think pro-r per, and also for me and in my name, place, and stead, and as my proper act and deed, to sign, seal, deliver, and ac- knowledge, all such deed or deeds of conveyance, as shall be necessary for the absolute granting and assuring of the premises unto the purchaser or purchasers, in fee simple. Giving, [<^c, as before.] [8] To acknowledge a Deed. Know all men by these presents, That I, A. B., of, &c, do hereby nominate and appoint C. D., E. F., and G. H., all of, &.c, or any one of them, my true and lawful attorneys, for me and in my name to acknowledge a deed by me duly signed and sealed, dated on the , wherein I conveyed to O. P., of, &c, a piece or parcel of land, situated, &c, [de- scribe the estates,] to be my free act and deed, and the same to deliver to the said O. P., as and for my deed, &c. [9] To- acknowledge Satisfaction of a Mortgage. To all people to whom these presents shall come, C. D., of, &c, merchant, sends greeting : Whereas A. B., of, &.c, by deed of mortgage under his hand and seal, bearing date the first day of May, one thousand eight hundred and twenty-nine, for the better securing the payment of the sum of five hundred dollars, with its interest, which he was justly indebted to the said C. D., on a certain obligation therein mentioned, did grant, bargain, sell, release, and confirm, unto the said C. D. and to his heirs and assigns, the pre- mises in the said indenture particularly described : To hold the same until due satisfaction should be made for the said debt and interest, then the said deed of mortgage to be null and void, as by the said recited deed, recorded in the office for 242 LETTER OP ATTORNET. recording of deeds at , in and for the county of , state of , book A, page 120, relation being there- unto had, appears. And whereas the said A. B. has fully satisfied and paid the said debt and interest : Therefore know ye, that the said C. D. has made, constituted, and appointed, and by these presents does make, constitute, and appoint E. F., of, &c, his true and lawful attorney, for him and in his name to appear in the office aforesaid, and there acknowledge and enter satisfaction in the margin of the record aforesaid, for the said debt and interest, in full dis- charge of the said mortgage and of the obligation therein re- cited : and for his so doing this shall be his sufficient war- rant. In witness whereof, &.c . [10] To two persons, but in case of the death, absence, or refusal, of both or either of them, then to another alone, or with either of them, that will act. We, A. B. and C. D. of, &c, empower M. N. and O. P. of, &c, jointly, and either of them severally ; and in case of the decease, absence, or refusal, of the said M. N. and O. P. or either of them, to act as our attorneys by virtue hereof, then we ordain, constitute, and empower Y. Z of , alone or together with either of them the said M. N. and O. P. as shall be living and present there, and will act as our attorney, by virtue of these presents, jointly, or either of them severally, to be our true, &c, [as in the preceding forms, according to the powers delegated.] [1 1] From a Sailor to his Wife, to receive his Wages, Sfc. I, A. B. of, &c, mariner, do constitute and appoint my loving wife, C. B. my true and lawful attorney, for me, and in my name, and for my use, to ask for, 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 and other moneys now due, or to become due and owing to me by any other ways or means LETTER OF ATTORNEY. 243 whatsoever; and upon non payment either of the whole or of any part of the said pay, or other demands, 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. A. B. L. 8. Witness [12] To receive Principal and Interest of the Public Debt. Know all Men, by these presents, that 1, A. B. of, &c, do make, constitute, and appoint O. P. of, &c, my true and lawful 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 treasury of the United States [or the com- missioner of the loans, fyc, 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 requi- site for effecting the premises, hereby ratifying and confirm- ing all that my said attorney or his substitute shall lawfully do by virtue hereof. In witness whereof, &c. A. B. L. s. Sealed and delivered ) in the presence of \ [13] To receive Bank Stock, and to transfer the same. Know all Men, by these presents, that A. B. of, &c, and C. B. his wife (grand-daughter and administratrix of the goods and chattels, rights and credits of Y. Z., &,c, deceas- ed) have constituted and appointed, and by these presents do constitute and appoint O. P. of, &c, to be their true and lawful attorney for them the said A. B. and C. B. and for each of them, and in their names, place, and stead, and to the use of the said A. B. to ask for and receive all dividends now due, or which shall hereafter accrue or grow due to the 244 LETTER OF ATTORNEY. said A. B. and C. B. or either of them, from the president and directors of the Bank of North America, and upon the receipt thereof, or of any part thereof, to make and give ac- quittances or other sufficient discharges for the same; and also to assign and transfer the sum of one thousand dollars, of the stock of the said bank, and all and every other stoqk and stocks in the said bank of North America, which they the said A. B. and C. B. or either of them have or has, or are or is entitled unto, or as she the said C. B. as adminis- tratrix of her said late grandfather or otherwise is entitled to, to the said A. B. or to such person or persons as the said A. B. shall order and direct; and farther to do, execute, perform, and finish all and singular the acts, matters, and things, which shall be expedient and necessary, touching and concerning the premises, as fully and effectually to all intents and purposes whatsoever, as they the said A. B. and C. B. or either of them, might or could do in or about the same, being personally present, and whatsoever he the said O. P. shall, &c. [14] To make entry into Lands. Know all Men by these presents, that I, A. B. of, &c, have made, constituted and appointed, and by these presents I do make, constitute and appoint, C. D. of, &c, my true and lawful attorney, for me, in my name, and to my use, to enter into and upon all and every the lands, tenements and hereditaments situated in which were at any time the inheritance or estate of E. F. late of, &c, deceas- ed, who was the grandfather of me the said A. B. ; and all the lands, tenements and hereditaments aforesaid, in whose- soever possession the same may be, in my name and right, to claim, challenge and demand, as my proper and lawful inheritance. And farther, for me and in my name, upon any and all said lands, tenements and hereditaments, to claim and demand as my right all remainders, reversions, freeholds, estates for years and rents, which lawfully and of right to me appertain or belong, or did belong to my said grandfather. And to do all acts and things in my name, which to my said attorney may appear expedient, and con- venient to enable me to avail myself of my said inheritance. LETTER OF ATTORNEY. 245 And 1 hereby give my said attorney full power in the premises, one or more attorney or attorneys under him to appoint, and at his pleasure to discharge. And I hereby ratify and confirm all and singular the things my said attorney may legally do or cause to be done in the premises. In testimony whereof, &tc. [15] To make entry, and commence Suits. Know all Men, &c, [as before] to enter into and upon a certain messuage or tenement, with the appurtenances, situ- ated in, [describe if] and peaceable possession thereof, and seizin therein, for me and in my name to take; and after such possession and seizin, for me and in my name and stead, to remove, expel and put forth the tenants and oc- cupiers of said messuage or tenement, with the appurtenan- ces, and the same for my use to take, and hold. I also give and grant to my said attorney full power and authority, for me and in my name, to commence and prosecute to final judgment, execution and discharge, any and all actions, real or personal, which he may judge proper, against any and all tenants or claimants of the aid messuage or tenement, or those who shall in any manner disturb, interrupt or prevent me or my said attorney in taking and maintaining possession of said estate, or the profit and income thereof. And gen- erally to do all acts and things which my said attorney may deem for my advantage in respect of said estate. And for the purposes aforesaid, my said attorney is hereby empower- ed to appoint one or more attorney or attorneys under him; and the same at his pleasure to discharge. And I hereby ratify and confirm all and singular the things my said attor- ney or his substitutes may lawfully do in the premises. In testimony whereof, &c. [16] To enter into, survey, and make a lease of a Farm. Know all Men, Sec, for me and in my name, to enter into and take possession of all that tract of land or farm, with the 22* 246 LETTER OF ATTORNEY. buildings thereon, and all the privileges thereof, situated in bounded and described as follows, to wit : [describe the premises] and for me and in my name to view, examine, and survey the same; and having so done, in my name, and for my use to demise, lease, and to farm let the same, to such persons, on such term of years, for such rent, on such terms, conditions and limitations, as to him shall appear best, and one or more deed or deeds of lease in my name thereof to execute ; giving and granting to my said attorney in the premises, full power to do all matters, acts and things, in as full and ample a manner as I myself could, were I person- ally present. In testimony whereof, &.c. [17] To draw, indorse, and negotiate Bills of Ex- change, fyc. Know all men by these presents, that I, A. B. of, &c, divers good causes and considerations me thereunto moving, have made, constituted and appointed, and by these presents I do make, Sic, C. D. of, &c, to be my true and lawful attorney, for me and in my name, and for my account and use, for and during the term of from the date hereof, on R. &. S. of Merchants, on account of money due from them to me for account of certain goods by me con- signed to them for sale, to make and draw bills of exchange, and as my attorney to subscribe my name thereto, and the same to negotiate and sell in the market for the best price that he can obtain therefor, and to receive and hold to my use the proceeds of such sale. And I farther empower my said attorney, during the term aforesaid, to indorse in my name, any bill or bills of ex- change that may be drawn in my favour, or made payable to me, and in the like manner to sell the same, and to receive and hold the proceeds thereof to my use. And for all and singular the purposes aforesaid, I authorize my said attorney, and give him full power to use my name, hereby ratifying and confirming all and singular the things he shall lawfully do in the premises. In testimony whereof, &.c. LETTER OP ATTORNEY. 247 [18] To prosecute and defend ( To be given to a regular Attorney.} I, A. B., of, &c, hereby constitute and appoint C. D., of , attorney at law, to be my attorney, in all causes, real or personal, had or to be moved or had for or against me, in my name to appear, plead, prosecute or defend to final judgment, execution, and discharge, with power of substitution. In testimony whereof, &c. [19] To prosecute, or defend a single Action. I, A. B., of, fcc, hereby nominate and appoint C. D., of , attorney at law, to be my attorney, to commence a suit in my favour against Y. Z., of, &.c, on [describe the demand,] and thereon to plead, and the same to prosecute to final judgment, execution, and discharge, (or, to defend a suit commenced against me by Y. Z., of, <$rc, in Court, and therein to plead, and the same to defend to final judgment,} with power of substitution. In testimony whereof. &c. [20] To demand Rent, and on default of payment to re- enter according to the provisions of the law. Know all men, &c, [in common form.] To demand and receive of K. L., on next, for one quarter's rent of that messuage, &.c, which by Indentures of lease, dated , I demised to the said K. L., for a term yet un- expired ; and in default of payment of said sum for the space of days after the same shall become due, to enter into and upon the said messuage, for me, and in my name and stead, and to expel the said K. L. therefrom, to the in- tent that said lease may be terminated, according to the pro- visions therein contained; and farther to do and perform all things necessary to be done and performed in and concern- ing the premises according to the true intent and meaning hereof. In witness whereof, &.c. 248 LETTER OF ATTORNEY^ [21] By a Merchant to his\ two Clerks, to be exercised during his absence on a journey. Know all men by these presents, That I, A. B., of, &.c, merchant, divers good causes and considerations me there- unto moving, do hereby constitute and appoint my two clerks, C. D. and E. F., now in my counting room at , to be my true and lawful attorneys, for me and in my name to manage and transact all my commercial business, to open and answer all letters of correspondence; to draw, accept, endorse, negociate, pay, and receive, any and all bills of exchange, to make and sign drafts on the cashier of the Bank, and on Messrs Y. and Z., with whom I have deposited money, and to buy and sell goods, and set- tle, balance, and discharge accounts. And this power is to be exercised by my said attorneys, only during my absence on a journey which I am about to take to , and only so far as may be necessary to carry on and manage my commercial concerns in the mode in which I have been ac- customed to manage them. And the powers hereby given are to be exercised by my said attorneys jointly, and not severally, unless one of my said attorneys shall happen to die, or by sickness or otherwise shall become unable to exe- cute the powers herein given; in which case, the other of my said attorneys may severally execute all the powers here- by given. And I do hereby ratify and confirm all and sin- gular the things that shall be lawfully done by my said at- torneys, or either of them, in the premises. In testimony whereof, &c. [22] To transfer Stock in the U. S. Bank. United States of America, State of Know all men by these presents, That I, A. B., of, &c, do hereby make, constitute, and appoint C. D., of, &c, my true and lawful attorney for me, and in my name to assign, transfer, and set over ten shares, to me belonging in the capital stock of the Bank of the United States as per certifi- cates herewith, No. and No. , unto O. P., of, &c, and for this purpose, to make and execute the necessary LETTER OF ATTORNEY. 249 acts of assignment and transfer, and to do all lawful acts for effecting the premises, in as full and ample a manner as I could do, were I personally present, hereby ratifying and confirming all that my said attorney shall do herein, by vir- tue hereof. In witness whereof, I have hereunto affixed my signature and seal, this first day of March, A. D. one thous- and eight hundred and thirty-two. A.B. L.S. Signed and sealed, in presence of Commonwealth of Massachusetts: ss. Then the above named A. B., personally appearing, ac- knowledged the foregoing power of attorney to be his free act and deed. Before me, Y. Z., Notary Public, and Seal. [23] For receiving dividends of Stock of the U. S. Bank. Know all men by these presents, That I, A. B.,'of, &c, do make, constitute, and appoint C. D., of, &c, to be my true and lawful attorney for me, and in my name and behalf and to my use to receive and give receipts for all dividends that are now due, and that shah 1 hereafter become due, and payable to me on all my stock in the Bank of the United States of America, now standing and hereafter to stand in my name on the books of the Branch Bank of the United States at , with power also of an attorney or attor- neys under him for that purpose, to make and substitute, and to do all lawful acts requisite for effecting the premises, hereby ratifying and confirming all that he, the said attor- ney, or his substitute, or substitutes, shall do therein, by virtue hereof.. In witness whereof, I have hereunto set my hand and seal, the first day of March, in the year of our Lord one thousand eight hundred and thirty-two. A. B. L. s. Signed and sealed, in presence of 250 LETTER OF ATTORNEY. Commonwealth of Massachusetts: ss. Then the above named A. B., personally appearing, ac- knowledged the foregoing power of attorney to be his free act and deed. Before me, Y. Z., Notary Public, and Seal. [24] For receiving Interest or Dividends on U. S. 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 attorney, for me and in my name, to receive the divi- dends which are, or shall be payable according to law, on the day of next, on all the stock, to wit, ten thousand dollars, being a part of the six per cent loan of the United States of America, for , in the year , now standing, in the Books of the Office of Dis- count and Deposit of the Bank of the United States, at , in the name of me the said A. B., with power also an attorney or attorneys under him for that purpose to make and substitute; and to do all lawful acts requisite for effecting the premises; hereby ratifying and confirming all that my said attorney or his substitute shall lawfully do, by virtue hereof. In witness whereof, I have hereunto set my hand and seal, the first day of March, in the year of our Lord one thousand eight hundred and thirty-two. A. B. L. s. Sealed, and delivered, in presence of Commonwealth of Massachusetts, ss. Be it known, That on the first day of March, one thous- and eight hundred and thirty-two, before me, Y. Z. , a no- tary public by legal authority admitted and sworn, and dwelling in aforesaid, personally came A. B., above named, and acknowledged the above letter of attorney to be his free act and deed. In testimony whereof, I have hereunto set my hand and seal, the day and year last aforesaid. Y. Z., Notary Public, and Seal. LETTER OF ATTORNEY. 251 JYbte. This, and the two preceding forms, should be acknowledged before a notary. They may be acknowledg- ed before a justice, but then there must, to comply with the requisitions of the paying officers, be a certificate of the clerk of the county court that he is a justice, and that no notary resided in the town where the power was given. [25] Letter vf Substitution by Endorsement. Know all men by these presents, That I, C. D., named in the within letter of attorney, have made, appointed, and substituted, and by these presents, by virtue of the power and authority to me given in and by the said letter of attor- ney, do make, appoint, and substitute, E. F., of, &c, to be the true and lawful attorney of the said A. B., the constitu- ent in the within letter of attorney named, to do, execute, and perform 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 re- spects, and to all intents and purposes, 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 here- of. In witness, &c. [26] General Letter of Substitution. To all people to whom these presents shall come: Where- as A. B., of , merchant, in and by a certain instru- ment of writing or letter of attorney, bearing date the first day of January, one thousand eight hundred and thirty-two, did make, constitute, authorize, and appoint C. D., of, &c, to, [Sfc, as in the original power,] as in and by the said letter of attorney, (recorded, or intended to be recorded, &c,) re- lation being thereunto had, appears. Xow 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, does make, ap- point, and substitute, E. F., of, Stc, [as in the last form.] 252 LETTER OF ATTORNEY. [27] Letter of Revocation, fyc. To all people to whom these presents shall come: Where- as I, A. B., of the city of , and state of , merchant, did heretofore, by a certain instrument in writing, or letter of attorney, empower C. D., of, &c, to be my at- torney, in my name and for my use, to recover and receive all such money, debts, and effects whatsoever, as were due, owing, or payable unto rne by, &c, [as in the power.] And to do all other matters and things as fully as 1 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 appears. Now know ye, That I, the said A. B., for divers good causes and valuable considerations, have revok- ed, recalled, countermanded, and made void, and by these presents do revoke, recall, countermand, and to all intents and purposes make null, void, and of no 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 contain- ed ; and all acts, matters, and things whatsoever, which shall or may be acted, done, or performed, by virtue or means thereof in any manner whatsoever: [Here conclude, In ivitness whereof, fyc. But if another attorney is appoint- ed, then continue as follows :] And farther know ye, that I, the said A. B., do by these presents, make, name, constitute, and appoint, and in my place and stead, put and depute I. S., of, &c, to be my true and lawful attorney irrevocable, for me and in my name, &c. Notes. When letters of attorney are to be sent abroad, it is safest to have them acknowledged before a notary pub- lic. And if such a letter is to be sent to a foreign country, having a consul near the place where the letter is made, it should be authenticated by such consul. Minors, and married women alone, cannot make attor- neys. But infants, if of the age of discretion, and married women, may be attorneys. An attorney cannot substitute, unless expressly authoriz- ed in the letter so to do. A power of attorney, where a naked authority is given, is revocable at pleasure, though purporting to be irrevoca- LETTER OF CREDIT. 253 ble; but where the authority is coupled with an interest, it is irrevocable, though it be not so stated in the letter. On the death of the constituent, all the authority of the attorney ceases, and his subsequent acts, as such attorney, are void. Where a conveyance is made by an attorney, he should grant in the name of the principal, and put the principal's name, and seal to the deed, and acknowledge it before the magistrate to be the deed of the principal. A feme covert may lawfully act as her husband's attorney, if duly empowered by a letter of attorney from him. LETTER OF CREDIT. BOSTON, MAY 1, 1832. Messrs Y. & Z. Merchants, Baltimore. Gentlemen, Please to deliver Mr C. D. of , or to his order, goods and merchandize to an amount not exceeding in value in the whole One Hundred Dollars, and on your so doing I hereby hold myself accountable to you for the payment of the same, in case Mr C. D. should not be able so to do, or should make default, of which default you are required to give me reasonable and proper notice. Your obedient servant, A. B. LETTER OF LICENSE. [1] To an embarrassed Debtor. To all persons to whom these presents shall come, we, who have hereunto subscribed our names, and affixed our seals, creditors of Y. Z. of , send greeting: Whereas the said Y. Z. on the day of the date hereof, is indebted to us, his several creditors, parties hereto, in several sums of money, which at present he is unable to pay and satisfy, without respite and time to be given him therefor. Now therefore know ye, that we the said several creditors of the said Y. Z. and each of us, at his special request, have respectively and severally given and granted, and by 23 254 LETTER OF LICENSE. these our present Letters of License, do give and grant to the said Y. Z. full and free license, liberty and authority, to pursue his avocations, and hold, employ and manage his property, in such place and places, and in such manner as to him may appear best, free from and without any arrest, attachment, let, impediment, molestation or trouble, from us or any of us, or our respective heirs, executors, administra- tors, copartners in business, or assigns, for and during the full term of one year from the day of the date hereof. And we the said several creditors of the said Y. Z. in considera- tion of the premises, and of one dollar to each of us paid by the said Y. Z. the receipt whereof is hereby acknowledged, do hereby respectively, for ourselves, and our respective heirs, executors, administrators, copartners and assigns, covenant with the said Y. Z. that we will not respectively, nor shall our respective legal representatives, as aforesaid, during the time aforesaid, sue, arrest, attach, or prosecute the said Y. Z. nor permit him or his effects to be sued, ar- rested, attached or prosecuted, on any of our respective de- mands against him; and farther we do respectively as afore- said covenant with the said Y. Z. that if any suit, arrest, or molestation shall be done to him the said Y. Z. or to his property, on any of our respective demands during the term aforesaid, then the said Y. Z. shall be for ever discharged of and from each and every of our respective demands against him, on which any suit shall be commenced, and on which he shall be put to any cost, arrest, attachment, trou- ble or charge, during the term aforesaid. And the covenants of us the said creditors of said Y. Z. herein contained, are made, severally, and not jointly. In witness whereof, &c. [2] A Letter of License, and composition with Creditors. To all people to whom these presents shall come, we, who have subscribed our names, and affixed our seals hereto, being creditors of A. B. of , send greeting: Whereas the said A. B. on the day of the date hereof, is justly indebted to us respectively, his several creditors, par- ties hereto, in several sums of money; but by reason of misfortunes and losses he is unable to pay us our just do- LETTER OF LICENSE. 255 mands on him in full; and we are severally satisfied, that the property and effects which the said A. B. has will avail and produce more under his management than it would or could if assigned to us ; and we the said creditors have un- diminished confidence in the integrity of said A. B., and are willing to settle our claims and demands on him in such a manner as it will be in his power to meet and we have agreed to give him an extension of time of payment, and to suffer him to retain the possession and management of the whole of his estate; and to suffer and undergo a certain loss on our several demands against him, and to accept fifty cents on each dollar, and at that rate, on the amount of each and every of our several and respective demands on him the said A. B. in full discharge of our said several and respective demands. Now therefore know ye, that we the said several creditors of the said A. B. do hereby, for ourselves, and our several and respective executors, administrators, copartners in business, and assigns, severally and respectively, cove- nant, compound, promise and agree to and with the said A. B. his executors and administrators, that we, his said several and respective creditors, and our several and respective legal representatives as aforesaid, shall and will take and receive of the said A. B. as aforesaid, at and after the rate of fifty cents for each and every dollar in which he is indebted to us respectively, in full satisfaction and discharge of the several and respective sums in which he is indebted to us respect- ively: And we do severally, as aforesaid, covenant with the said A. B. and his legal representatives, that we, and each of us, will give to him and them the full term of one year from the day of the date hereof, to pay to us and each of us, the said sum of fifty per cent on each and all the sums in which he is indebted to us respectively, in full satisfaction and discharge of our several and respective demands against him. And we the said several creditors of the said A B. for ourselves and our representatives as aforesaid, do cove- nant with the said A. B. that for and during the said year from the date hereof, we will not respectively bring or per- mit to be brought any suit or process against him the said A. B. on our several and respective demands against him, or on any of them ; and that in respect of the same we will not cause or permit any damage, cost, disturbance or interrup- tion to him in any manner whatsoever during the said year. And farther we severally as aforesaid, covenant with the 256 T.ETTER OP LICENSE. said A. B. that if he will, within the said year, pay to us re- spectively, or to any of us the said sum of fifty per cent on our respective just demands against him, thereupon we will respectively, to whom he shall so pay the said sum of fifty per cent, give to him the said A. B. full and ample discharg- es of and for all our several claims and demands against him the said A. B. of every name and nature. In witness whereof, &c. [3] Letter of License, on condition. To all persons, &c, [as in JVb. I.] Provided always, and these letters are upon this condition, that if the said Y. Z. his executors, administrators or as- signs, do not well and truly pay to us, severally, his said creditors, who have become parties hereto, or to our repre- sentatives, the several sums of money, herein by him the said Y. Z. provided to be paid to us severally, as follows, to wit, &c : that then, and upon the failure of the said Y. Z. to pay each and every of the said sums to each and every of us, his said creditors, at the times and on the conditions aforesaid, and from thenceforth, this letter of license shall be utterly void and of no effect, toward him or them of us, to whom such default of payment shall happen, anything to the contrary hereof within contained notwithstanding. MANUMISSION Of a slave- Know all Men by these presents, That I, A. B. of , in the state of , for and in consideration of the sum of one dollar, to me in hand paid by C. D. of, &c, the receipt whereof I do hereby acknowledge, have given, granted, bargained, sold, aliened, released, and con- firmed, and by these presents, do give, grant, bargain, sell, alien, release, and confirm unto the said C. D. a negro boy called L. (son of the said C. D.) together with all the right, title, interest, claim, property, possession, and demand what- MANUMISSION. 257 soever, of me, my executors or administrators, of, in, and to the said negro L. to have and to hold the said negro L. and all and singular the premises above mentioned, unto him the said C. D. for ever, for the purpose of making the said L. free. In witness, &c. - Another. Know all Men by these presents, That I, A. B. of the city of , in the state of , from motives of benevolence and humanity, have manumitted, and hereby do manumit and set free from slavery, my negro girl S. aged about seventeen years : On condition, however, that she do forthwith bind herself by indenture to serve me, my executors, administrators, or assigns, until she shall attain the age of twenty -eight years : And I do hereby give, grant, and release unto tlie said S. all my right, title, and claim, of, and to her person, labour, and service, and of, in, and to the estate and property which she may hereafter acquire or obtain ; excepting only her service in manner and during the term above mentioned. In witness, &.c. MORTGAGES. A Mortgage is a conveyance of property, real or person- al, as a direct or collateral security for the payment of money, or the performance of some contract. Deeds of Mortgage may be made in any of the customary forms of conveyance ; and they differ from simple deeds of conveyance only by inserting a clause of defeasance, or a provision that on the payment of a sum of money, or the performance of some contract, the deed shall be void. Mortgages are sometimes made as the only security for the payment of money, or the performance of a contract, but more commonly they are collateral to bonds, notes of hand, or other contracts. 23* 258 MORTGAGES. [1] Where no other Security is given. Know all Men by these presents, That I, A. B. of , in consideration of the sum of one thousand dollars, to me paid by C. D. of , the receipt whereof I do hereby acknowledge, do hereby give, grant, sell and convey unto the said C. D. his heirs and assigns, a farm containing about one hundred acres of land, with the houses, barns and other buildings thereon, and all its privileges and appur- tenances, situated in , bounded and described as follows, to wit : [here describe the premises.] To have and to hold the afore-granted premises to the said C. D. his heirs and assigns, to his and their use and behoof forever. And I, the said A. B. do hereby for my- self and my heirs, executors and administrators, covenant with the said C. D. and his heirs' and assigns, that I am lawfully seized in fee simple of the afore-granted premises ; that they are free of all incumbrances ; that I have good right to sell and convey the same to the said C. D. And that I will, and my heirs, executors and administra- tors shall warrant and defend the same premises, to the said C. D. his heirs and assigns, forever, against the lawful claims and demands of all persons. Provided nevertheless, That if the said A. B. his heirs, executors or administrators, pay to the said C. D. his heirs, executors, administrators or assigns, the sum of one thous- and dollars in one year from the date hereof, then this deed shall be void; otherwise it shall remain in full force. In witness whereof, J, the said A. B. together with L. B. my wife, who hereby releases her right of dower in the premises, have hereunto set our hands and seals this first day of March, in the year of our Lord one thousand eight hundred and thirty-two. A. B. L. s. L. B. L. s. Signed, sealed and delivered in presence of us, MORTGAGES 259 [2] By Quitclaim, as collateral security for a Note. Know all men by these presents, That I, A. B., of, &c, in consideration of dollars, to me paid by C. D., of, &c, the receipt whereof I do hereby acknowledge, do hereby grant, sell, and quit-claim unto the said C. D., his heirs and assigns, all my right, title, claim and demand, in and unto a dwelling house, lot, and out buildings, situated in , described and bounded as follows, to wit, To have and to hold the same to the said C. D., his heirs and assigns, to his and their use and behoof forever. And I do covenant to warrant and defend the said granted and quit claimed premises to the said C. D., his heirs and assigns forever, against the lawful claims and demands of all persons, claiming by or under me. Provided nevertheless, that if I, the said A. B. or my heirs, executors, and administrators, shall pay to the said C. D., his executors, administrators, and assigns, the sum of five hundred dollars in two years, with interest thereon semiannually, then this deed, as also a certain note of hand bearing even date herewith, given by the said A. B. to the said C. D., to pay the said sum and interest at the times aforesaid, shall both be void. In testimony whereof, &c. [3] Common form to secure a Note. Know all men by these presents, That I, A. B., of, &c, in consideration of the sum of dollars, to me paid by C. D., of, &.c, the receipt whereof I do hereby acknowledge, do hereby give, grant, sell, and convey unto the said C. D., his heirs and assigns, my warehouse, situated in , described and bounded as follows, to wit, To have and to hold the afore-granted premises to the said C. D., his heirs and assigns, to his and their use and behoof forever. And I, the said A. B., do hereby for my- self and my heirs, executors, and administrators, covenant with the said C. D., his heirs and assigns, that I am lawfully seized in fee simple of the afore-granted premises: that they 260 MORTGAGES. are free from all incumbrances; that I have good right to sell and convey the same to the said C. D. And that I will, and my heirs, executors, and administra- tors shall warrant and defend the same premises, to the said C. D., his heirs and assigns, forever, against the lawful claims and demands of all persons. Provided nevertheless, That if the said A. B., his heirs, executors, .or administrators, pay to the said C. D., his heirs, executors, administrators, or assigns, the sum of , with interest, in one year from the date hereof, then this deed, as also a certain note of hand bearing even date with these presents, given by the said A. B. to the said C. D., to pay the same sum at the time aforesaid, shall both be void; otherwise they shall remain in full force. In witness whereof, I, the said A. B., together with L. B., my wife, who joins me in this deed for the purpose of relinquishing her right of dower in the premises, have here- unto set our hands and seals, this first day of March, in the year of our Lord one thousand eight hundred and thirty-two. A. B. L. s. L. B. L. s. Signed, sealed, and delivered, in presence of us, [4] A common mortgage Deed to secure a Bond. Know all men by these presents, That I, A. B., of, &c, in consideration of the sum of , to me paid by C. D., of, &c, the receipt whereof I do hereby acknowledge, do hereby give, grant, bargain, sell, and convey, unto the said C. D., his heirs and assigns forever, a certain piece or parcel of land, with all the privileges and appurtenances thereof, situated in , bounded and described as fol- lows, to wit, To have and to hold the same to the said C. D., his heirs and assigns, to his and their use and behoof forever. And I, the said A. B., for myself, my heirs, executors, and ad- ministrators, do covenant with the said C. D., his heirs and assigns, that I am lawfully seized in fee of the aforegranted premises: that they are free of all incumbrances; that I have good right to sell and convey the same to the said C. D. as MORTGAGES. 261 aforesaid; and that I will, and my heirs, executors, and ad- ministrators shall warrant and defend the same to the said C. D., his heirs and assigns forever, against the lawful claims and demands of all persons. Provided nevertheless, that if the said A. B., his heirs, executors, or administrators, shall pay to the said C. D., his executors, administrators, and assigns, the sum of , with lawiul interest thereon, on or before the day of , then this deed, as also a certain bond bearing even date with these presents, given by the said A. B. to the said C. D., in the penal sum of , conditioned to pay the first sum above mentioned, with interest thereon, at the time aforesaid, shall both be void, otherwise they shall remain in force. In witness whereof, &c. [5] Of Land for a term of years. Know all men by these presents, That I, A. B., of, &c, in consideration of , to me paid by C. D., of , the receipt whereof! do hereby acknowledge, have demised, granted, bargained, and to farm let, and I do hereby demise, grant, bargain, and to farm let, unto the said C. D., his ex- ecutors, administrators, and assigns, all that farm, with the dwelling-house and buildings thereon, situated in , described and bounded as follows, to wit, To have and to hold the same, with all the privileges and appurtenances thereof, to him the said C. D., his executors, administrators, and assigns, for and during the full term of years, from the day of the date hereof : the said C. D. yielding and paying yearly, and in every year during the said term, as rent for the demised premises to the said A. B., one peppercorn, if it be legally demanded, on each and every day of during the said terra. And 1, the said A. B., [insert a covenant for quiet enjoy' ment. J Provided nevertheless, that if the said A. B., his heirs, executors, or administrators, shall well and truly pay to the said C. D., his executors, administrators, or assigns, the sum of , in one year from the day of the date here- of, then this demise, grant, or deed, shall be void, other- wise it shall remain absolute. In testimony whereof, &c. MORTGAGES. [6] Of Goods. Know all men by these presents, That I, A. B., of , in consideration of , to me paid by C. D., of , the receipt whereof is hereby acknowledg- ed, do hereby give, grant, sell, and convey, unto the said C. D., all the chattels, goods, wares, and merchandize fol- lowing, to wit, (or mentioned in the schedule hereto an- nexed.} To have and to hold the same to the said C. D., his ex- ecutors, administrators, and assigns, to his and their use and behoof forever. And I do covenant with the said C. D., &c, [add the usual covenants of warranty.'] Provided nevertheless, That if I, the said A. B., or my executors, or administrators, shall pay to the said C. D., his executors, administrators, or assigns, the sum of , with legal interest thereon, in one year from the day of the date hereof, then this deed, as also a note of hand of even date herewith, given by the said A. B. to the said C. D., to pay the sum aforesaid at the time aforesaid, shall both be void: otherwise they shall remain in full force and virtue. In witness whereof, Sec. [7] Mortgage of Indemnity, by Indenture. This Indenture, made the first day of June, in the year of our Lord one thousand eight hundred and thirty-two, between A. B. of the one part, and C. D. and E. F. of the other part, Witnesses, that 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 Court of the county of , aforesaid, at the sum of two thousand dollars, and has been adjudged to the aforesaid A. B. eldest son of the said C. B. deceas- ed: And whereas the said C. D. and E. F. were approved by the court aforesaid as sureties of the said A B. and have this day become bound with him in three bon 's or writings obligatory, bearing even date herewith, to w t in one bond to G. H. who intermarried with N. (late N. B.) in the sum MORTGAGES. 263 of five hundred dollars, conditioned for the payment of two hundred dollars on or before the first of January next ensuing the date thereof, and the farther sum of fifty dollars at and immediately after the decease of O., widow of the said C. B. deceased, the said sums being the said N.'s share: in one other bond to D. B. a son of the said C. B. deceas- ed, in the same sum as aforesaid, of the valuation money aforesaid; and conditioned for the payment thereof, in like manner, and at the time aforesaid, being his share, &c, [here mention the other bonds, in a similar manner,] the whole sum for which the said C D. and EC. F. have be- come bound as aforesaid with the said A. B. being fifteen hundred dollars, and being also for the proper debt or debts of the said A. B. Now this Indenture witnesses, that the said A. B. for and in consideration of the sum of one dollar, to him paid by the said C. D. and E. F. and for the purpose of securing and indemnifying the said C. D. and E. F. and each of their heirs, executors, and administrators, for or on account of the suretyship aforesaid, has granted, bargained, sold, released and confirmed, and by these presents, does grant, bargain, sell, release, and confirm, unto the said C. D. and E. F. and to their heirs and assigns, all that messu- age, &c, [here describe the premises,] together with all the appurtenances whatsoever, thereunto belonging ; and the re- versions and remainders, rents, issues and profits thereof, To have and to hold the said messuage, 8tc, hereditaments and premises, hereby granted, or mentioned, or intended so to be, with the appurtenances, unto the said C. D. and E. F. their heirs and assigns to the only proper use and behoof of the said C. D. and E. F. their heirs and assigns for ever. Pro- vided 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 G. H., D. B. Sec, the said sums mentioned in the said bonds, [or notes, as the case may 6e,] or by other lawful means, save, keep harm- less, 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 ad 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 obliga- tion, shall cease, determine, and become absolutely null and 264 MORTGAGES. void, any thing herein contained, to the contrary notwith- standing. In witness whereof, &c. [8] To secure Endorsers, by Indenture. This Indenture, made, &c, [here insert the parties] Whereas the said C. D. and E. F. have endorsed for the said A. B. a certain promissory note for the sum of five hundred dollars, dated the first day of May last past, and payable three months after date, which is now discounted at the Bank of , and which said note it is contem- plated 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 endorsers of the note aforesaid, therefore this Indenture witnesses, 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, has granted, bargained, sold, released, and confirmed, and by these presents does 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.] To- gether with all the appurtenances whatsoever, thereunto belonging; 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 men- tioned, or intended so to be, with the appurtenances, unto the said C. D. and E. F. their heirs and assigns, to the only proper use and behoof of the said C. D. and E. F. their heirs and assigns, for ever. Provided always, never- theless, that if the said A. B. his heirs, executors, or ad- ministrators, shall and do, well and truly pay, or cause to be paid, unto the said Bank, the aforesaid promissory note for five hundred dollars, on the day and time herein before mentioned, and appointed for payment thereof, and all notes given in renewal thereof, or by other lawful means, save, keep harmless, and indemnified, the said C. D. and . F.., their heirs, executors, and administrators, from the payment MORTGAGES. 265 of the said note, and such renewal notes, and all costs, damages, or charges, as sureties aforesaid, then and from thenceforth, as well this present indenture and the grant hereby made, as the said recited obligation, shall cease, de- termine, and become absolutely null and void, any thing herein contained to the contrary notwithstanding. In witness whereof, &c. [9] For continuing a Mortgage, by Indorsement. Whereas the within named C. D. and E. F. have ad- vanced and loaned unto the within named A. B. the farther sum of five hundred dollars, the receipt whereof the said A. B. does hereby acknowledge, and thereupon the said A. B. has entered into one bond or writing obligatory, under his hand and seal, bearing even date with these pre- sents, to the said C. D. and E. F. in the penal sum of one thousand dollars, with condition thereunder written, for mak- ing the same void, upon payment unto the said C. D. and E. F. their executors, administrators, or assigns, of the sum of five hundred dollars, 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, re- lation being thereunto had, may more fully appear. Now know ye, that as well for the better securing and more sure payment unto the said C, D. and E. F. their executors, administrators and assigns, of the said farther sum of five hundred dollars and interest, on the said day of next ensuing, according to the true intent and meaning of the said recited bond or obligation, he the said A. B. does hereby for himself, his heirs, executors, administrators, and assigns, covenant, promise, and agree, to and with the said C. D. and E. F. their executors, ad- ministrators, and assigns, that the messuages, &.c, and all and singular other the premises, with the appurtenances, by the within written indenture of demise or mortgage, mentioned to be granted, bargained, sold and demised, and every part and parcel thereof, shall stand chargeable, remain, continue, and be a security unto them the said C. D. and E. F. their executors, administrators, and assigns, as well for the pay- 24 266 ORGANIZATION. ment of the sum of five hundred dollars within mentioned, and the interest thereof, as also for the payment of the said farther sum of five hundred dollars, now loaned, 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 equity until not only the said sum of five hundred dollars, before loaned, and the interest thereof, but also the said sum of five hundred dollars, now loaned, and the interest thereof shall be paid and satisfied, utito the said C. D. and E. F. their executors, administra- tors, 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 A. B. L. s. ORGANIZATION. In no age or country have the people so much availed themselves of the advantages of chartered companies, and voluntary associations, as in ours. Yet a great proportion of the benefits that should be derived from such sources is lost through defect in the forms of association. It has been thought expedient to present brief forms of organization both under acts of incorporation, and for voluntary associa- tions to serve as guides to those who cannot conveniently avail themselves of professional aid, in providing for carrying into effect the objects of the company. Form of Organizing under an act of Incorporation* Memorandum. On this first day of March, 1832, we, A., B., and C., named in the act or charter hereunder recited, and to whom, with our associates, the said act or charter is granted, hav- ing met, do appoint D., E., F., G., H., and I., to be our * Note. The meeting for organization should be upon a notice given in conformity to the requisitions of the charter, which notice should be recorded by the clerk at the first meeting, and the original no- tice put on file. ORGAiMZATION. 267 associates. The act or charter is as follows, [here recite i/.] And we, the said A., B., C., D., E , F., G., H., and I., do declare that we are the only persons interested in said act or charter, and that we do accept the same and all the provisions thereof, and that we will now proceed to form and organize a corporation thereunder. A. B. C. D. E. F. G. H. I. And thereupon A. was appointed chairman of the meet- ing of said grantees and their associates; and B., C., and D., were appointed a committee to frame and report a code of by-laws for the government of the corporation, now about to be organized. And the said B., C., and D. reported a code of By-laws, which were as follows; [Here recite the By-laws.] Which By-laws, after discussion, were unanimously adopted. And thereupon the said grantees and their asso- ciates proceeded to the choice of officers of the corporation according to the provisions of the By-laws. And A. was chosen President of the Corporation, D. Clerk " " E. Treasurer " " A., B., and C., Directors " " [And so on if the By-laws require other officers.] In testimony of the truth of which the said grantees and their associates have hereunto subscribed their names this first day of March, 1832. A. B C. D. E. F. G. H. I. 268 ORGANIZATION. The foregoing should be copied into the first part of the corporation's record book, and signed by all interested in the charter at the time of the organization. If the charter require the clerk to be sworn, he should be sworn before he enters on the duties of his office, and his oath should be certified in the record book, as follows; Commonwealth of Massachusetts. Suffolk, ss. On this first day of March, A. D. 1832, personally appeared E. of, &.c, who was this day chosen clerk of , and made solemn oath that he would faith- fully, and according to the best of his ability, perform the duties of clerk of during the term for which he was chosen to said office. Before me, O. P. Justice of the Peace for said County. For manufacturing or joint stock corporations the By- laws will in general be sufficient, if they provide for the following subjects; 1 The number of shares into which the stock shall be di- vided, and the amount in which each share is liable to be assessed. 2. The annual and other meetings. The mode of calling them, and the business which shall be transacted at them. 3. The number of the officers, who may be chosen, officers who may vote, and how many votes each stock-holder may give rights i 4. The rights and duties of the President. 5. of the Directors. 6. of the Treasurer. 7. of the Clerk. 8. The form of certificates of shares, and the mode in which they shall be issued, recorded and transferred. 9. That the corporation shall have a common seal, and how it shall be selected, changed, &c. 19. How dividends shall be declared, and 1 1 . How the By-laws may be altered or changed. ORGANIZATION. 269 Voluntary associations are formed for a great variety of purposes, where there is no general or special legislative act giving them corporate powers. Among them are Lyceums, and associations for agricultural, commercial, manufactur- ing, mechanical, charitable and other purposes. If such associations have apparatus, or other property or funds, they should be held by Trustees, who should take and hold them on condition of applying them to their destined purposes, with provisions for perpetuating the trust. For these purposes the forms of association must be various, to be adapted to the varying objects of the associates. The following may serve as a general outline for the organ- ization of such associations. Boston, March 1, 1832. We, who have subscribed our names hereto, do volunta- rily become associated, and form an association by the name of for the purpose of , and we do severally agree that we will act upon, and observe and abide by the following rules and regulations, so long as we shall respectively continue members of said association. And that we will hereafter admit no new members, but on the condition that they shall severally assent to and sub- scribe our rules and regulations, or articles of association, which as at present adopted are as follows: Article first. The name of this association shall be , and its objects are And each subscriber hereto engages that while he shall remain a member of the association, he will in good faith endeavour to promote the objects thereof. Article second. Each person, on being admitted a mem- ber, shall subscribe his name to these articles, and pay to the treasurer of the association, the sum of dollars, to be applied and disbursed as is herein provided for promot- ing the objects of this association. Article third. Each of the associates, so long as he shall continue a member, shall annually, on the first day of March, pay to the treasurer, the sum of , to be applied to the purposes of the association. Article fourth. The officers of this association shall be three trustees, a treasurer, and a secretary, who shall serve from the time they are chosen for one full year, and until other officers shall be chosen in their stead. The officers 24* 270 ORGANIZATION. may be chosen annually: but they shall remain in office till their successors are chosen, although it should be more than a year. Article fifth. The trustees shall take and hold, in the name of themselves and their successors, all the apparatus and property belonging to the association, and all that they may acquire by donation, assessment, or otherwise; and they shall apply and devote the same in the manner they shall deem best to promote the objects of the association. They shall appoint places for, and call all meetings of the association, and designate their purposes, employ and ap- point lecturers or instructors. And they shall appoint, direct, and regulate, all the opperations of the association according to their discretion. And for all these purposes, the association delegate to their said trustees full powers. Article sixth. The treasurer shall collect all assessments and sums due to the association, and pay out and apply the same according to the order of the trustees. And of all such receipts and payments, he shall keep plain and just ac- counts. Article seventh. The secretary shall make and keep plain and true records of all the doings of the association. And it shall be his duty, at any and all times, on the request of members, to appoint and notify meetings of the association, for the purpose of choosing officers, if more than a year shall have elapsed since the last choice ; or for any other purpose that shall be designated in the notice of the meeting. Article eighth. Any person, with the approbation of the majority of the trustees, may join this association, by sub- scribing these articles, and paying to the treasurer the en- trance fee. And any member may withdraw from the asso- ciation, and become disconnected with it, by leaving with the secretary, three months previous to the time of with- drawing, a written notice of his intention so to do. Article ninth. The officers shall be chosen in the man- ner that the association, at each meeting for that purpose, shall designate. And all meetings shall be legal, if notified in any of the modes by law provided for notifying meetings of any legal corporation, or in any other mode that shall be adopted at any meeting of the association. Article tenth. These rules, or articles, may be altered or ORGANIZATION. 271 changed at any meeting of the association at which three- fourths of its members are present, and at no other. And on this first day of March 1 832, after the foregoing rules were read and approved, those then assembled pro- ceeded to the choice of officers, and chose A., B., and C., trustees; D., treasurer, and E., secretary, of the association for the first year. In testimony of all which, the original associates have, on the day aforesaid, hereto subscribed their names. A. B. C. D. E. F.,&c. We, the undersigned, have joined the said association, and agreed to its rules, after its original organization. G. H. I, &c. JVb/e. The foregoing is intended to suggest the sub- stance of the acts to be done, without enumerating the par- ticulars, which should be varied as the particular objects of the association may require. Primary Meetings. Almost every thing in our country is effected by associa- tion. At primary meetings of citizens the most important measures are originated. At such meetings candidates are nominated to office, public improvements are projected, and public evils denounced. Primary meetings make the first appeal to the resistless force of public opinion. Every citi- zen should be acquainted with a simple and correct mode of organizing a primary meeting of citizens for any lawful pur- pose. As a guide to those unacquainted with the customary forms of proceeding, the following outlines may be useful. When a number of citizens are assembled to form or com- pare opinions on any subject, and wish to preserve a record 272 ORGANIZATION. of their proceedings, or to act as an organized body, they may proceed as follows. Some elder or influential man, usually one who was in- strumental in calling the meeting, should rise and say ' The hour has arrived at which this meeting was called ; is it your pleasure that we now come to order, if so you will please to manifest it.' If the motion be approved he will de- clare it to be a vote and then say ' Please to nom- inate a chairman for the meeting.' When the nomination is made, he will say ' Is it your pleasure that A. B.' (the per- son nominated) ' be chairman of this meeting, if so you will please to manifest it.' If the motion is sustained, he will declare that A. B. is chosen chairman of the meeting. The chairman will then repair to the seat appropriated for him and he must preside over the meeting, and put and declare every proposed vote. And first he will demand if it be the pleasure of the meeting to appoint a secretary to record their proceedings, and on that proposition he will take a vote. If they determine to have a secretary he will call for a nomina- tion, and declare the vote. On the appointment of the secreta- ry the meeting will be organized. Some person acquainted with the objects of the meeting should then state them or if that be not readily done, the chairman should request that some one should state the purposes of the meeting or he should himself state them. This being done, motions may be made, subjects discussed, votes taken, and the meeting managed, adjourned or dissolved, in the same manner as is customary at town or other corporation meetings. A record of the proceedings should be kept and signed by the secreta- ry. When it is desired to make the proceedings public they should be signed by the chairman as well as the secretary. In such case the last vote before the adjournment usually is, that the proceedings of the meeting certified by the chair- man and secretary be published. JVb/e. In conducting the business at primary meetings a strict adherence to forms is neither usual nor useful.. It will generally be sufficient for any person at the meeting to express in his own language his views on any subject for which the meeting was called. But when a subject is pro- posed for discussion, the chairman must see that it is regularly disposed of before a new subject is introduced. Should any question or debate arise on the mode of proceed- PARTITION. 273 ing, it will be the right and duty of the chairman to give a final decision in the case. PARTITION. [1] By Indenture, where Two have taken a joint Lease. An Indenture made, &c, by and 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. hold jointly for a certain term of years, yet unexpired, all those parcels of lands and tenements which were by indenture demised and leased to them by Y. Z , of, &c, on the day of, , to hold for the term of years, for a certain yearly rent in and by said indenture of lease reserved, as by reference thereto will more fully appear. Now this Indenture wit- nesses, That the said A. B. and C. D. have made an equal division and partition of all the said demised and leased premises, into two equal parts, to the end that each of them, the said A. B. and C. D., and their respective legal repre- sentatives, shall hold one moiety thereof in severalty, for and during the unexpired part of the term in the said inden- ture of lease mentioned. And the parties hereto, for them- selves and their respective legal representatives, agree, that during said unexpired part of said term, the said A. B. and his legal representatives, shall have, hold, occupy, and enjoy in severalty, to and for his own separate use, all that portion of said demised premises, which is described and bounded as follows : \describe A. BSs portion;] and that the said C. D. and his legal representatives, shall have, hold, occupy, and enjoy in severalty, to and for his own and their separate use, during said unexpired part of said term, all that portion of said demised premises, which is bounded and described as follows: [describe C. D 's portion.] To have and to hold the said several parcels to the said parties, and their legal representatives, severally and respectively as aforesaid, from the day of the date hereof, until the full end of the term in said indentures of lease mentioned, which will, &.c, on the day of , in the year of our Lord And the parties hereto farther covenant and agree to and with each other, each for himself and his legal representa- 274 PARTITION. lives, that he will at all times punctually, during the continu- ance in force of said indentures of lease, pay to the said Y. Z., one just and full half part of the rent reserved and pro- vided to be paid in and by ''aid indentures of lease, at the times the rent therein shall become payable; and that each of them the said A. B. and C. D., shall save the other and his legal representatives, harmless and discharged from paying more than one half of said rent, and all costs and charges the same concerning. And the said A. B., as aforesaid, does covenant with the said C. D., as aforesaid, that he will save and keep him harmless and indemnified from and against all damages, costs, or prejudice, that may happen to said C. D. and his legal representatives, for or by reason of any breach or violation to be made by said A. B. or his leial represen- tatives, of the covenants, agreements, or conditions in said indenture of lease contained, and for any thing that may be done, omitted, or permitted by said A. B., upon or in re- spect of the part of said demised premises hereby assigned to said A. B. in severally. [Add a similar covenant from C. D. to A. B.] And for. the true observance and performance of all and singular the foregoing covenants, agreements, and condi- tions, the parties respectively bind themselves and their re- spective legal representatives. In testimony whereof, &c. The following covenants may be inserted, if the agree- ment require them: 1. That each party will pay the Taxes assessed on his moiety. And also that each of the said parties, his, Sic, shall and will during the said unexpired part of said term, satisfy and pay all such duties and taxes, as shall, during the same time, be levied and assessed upon their respective parts of said premises, as are herein before provided to be allotted and di- vided to them respectively. 2. That Repairs shall be borne equally. And farther, that all such repairs, as shall, in pursuance of the provisions of said indenture of lease, be found neces- PARTITION. 275 sarv in and about the demised premises, to be made or done on the part and behalf of said lessees, during said residue of said term, the parties hereto, notwithstanding the partition herein provided to be made, shall equally divide between them, and be at equal charges in respect of making all such repairs. [2] Between three joint Tenants by Indenture. An Indenture of three parts made, Stc, between A. B., of, &c, of the first part, C. D., of, &c, of the second part, and E. F. , of, &c, of the third part. Whereas M. N., of, &c, and O. P., of, &c, by an In- denture under their hands and seals, dated , for the considerations therein contained, did give, grant, &c, unto the said A. 13., C. D., and E. F., and their heirs and assigns, all those estates, with their appurtenances, situated in , described and bounded as follows, to wit, To have and to hold the same to the said A. B., C. D., and E. F., and their heirs and assigns, to their use and be- hoof forever, as by the said indenture herein referred to more fully appears: by virtue of which said grant or con- veyance, the said A. B., C. D., and E. F., are now jointly seized and possessed, in their demesne as of fee, of and in the said estates. Now this Indenture witnesses, That the said A. B., C. D., and E. F., do by these presents make a full, perfect, and absolute partition between and among themselves, of the said estates, in three equal parts, to be divided, in manner and form following; that is to say, that the said A. B., his heirs and assigns, shall have and enjoy to their sole use and behoof forever, one full third part in value of said estates, which said third part is described and bounded as follows, to wit, , as and for the full and just purparty and por- tion, of him the said A. B., of, in, and to all the estates herein before described as granted to the said A. B., C. D., and E. F. And that the said C. D., his heirs and assigns, shall have and enjoy, to their sole use and behoof forever, one other full third part in value of said estates, which said third part is bounded and described as follows, to wit, , as and for the full and just purparty and portion, 276 PARTITION. of him the said C. D., of, in, and to all the estates herein before described as granted to the said A. B., C. D., and E. F. And that the said E. F., his heirs and assigns, shall have and enjoy, to their sole use and benefit forever, one other full third part in value of said estates, which said third part is bounded and described as follows, to wit, , as and for the full and just purparty, or portion, of him the said E. F., of, in, and to all the estates herein before de- scribed as granted to the said A. B., C. D., and E. F. *And the said C. D. and E. F. do by these presents give, grant, assign, confirm, and release, to the said A. B., his heirs and assigns, the said third part of said estates, herein before described and designated as his purparty thereof, and all the estate, right, title, and interest, which the said C. D. and E. F., or either of them, have therein. To have and to hold the same to the said A. B., his heirs and assigns, to his and their use and behoof forever. [Add ike same from this mark, *from A. B. and E. F. to C. D., with regard to his purparty, and from A. B. and C. D. to E. F., with re- gard to his purparty.] [And, if so agreed, add to each one for his part, from the two others, the usual covenants for quiet enjoyment.] In testimony whereof, &c. [3] Between tenants in common fee. An Indenture of two parts, made and concluded this , by and 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. are seized of, and hold in fee as tenants in common, a tract or parcel of land, with the dwelling-house, barns, and outhouses thereon, situ- ated in , bounded and described as follows, to wit, And the said A. B. and C. D. have mutually agreed to make division and partition of the said land and estates, between them, and to hold their respective moieties thereof in sever- ally: Now this indenture witnesses, that the said A. B. and * Hero add, or in the portion of C. D. in the like place add, If the case be so, he having paid the said A. B., or the said C. D., the sum of , to balance the agreed inequality of partition or division. PARTITION. 277 C. D. do, by these presents, make a full, perfect, and abso- lute partition and division of the said land and estate, be- tween and among them, to be divided between them, the said A. B. and C. D., in two equal parts, in the manner and form following, to wit, . That the said A. B., his heirs and assigns, shall have, hold, and enjoy, to his and their sole use and behoof forever, as and for his moiety of said land and estate, that part thereof which is bounded and described as follows, to wit, [here describe the portion of A. B.*] And the said C. D., his heirs, and assigns, shall have, hold, and enjoy, to his and their sole use and behoof forever, as and for his moiety of said land and estate, that part thereof which is bounded and described as follows, to wit, [here describe the portion of C. D.] And the said C. D., in consideration of the premises, and of one dollar to him paid by the said A. B., the receipt whereof is hereby acknowledged, does hereby give, grant, assign, release, and confirm, to him the said A. B., his heirs and assigns, the said moiety of said estates so assigned to the said A. B., and all his, the said C. D.'s right, title, and interest in and thereto. To have and to hold the same to him the said A. B., his heirs and assigns, to his and their use and behoof forever. And the said A. B., in consideration of the premises and of one dollar to him paid by the said C. D., the receipt whereof is hereby acknow- ledged, does hereby give, grant, assign, release, and con- firm, to him the said C. D., his heirs and assigns, the said moiety of said estates, so assigned to the said C. D. and all his the said A. B.'s right, title, and interest, in and thereto. To have and to hold the same to him the said C. D., his heirs and assigns, to his and their use and behoof forever. And the said C. D., for himself and his executors and ad- ministrators, does covenant with the said A. B., his heirs and assigns, that he and they shall and may forever hereafter have, hold, occupy, possess, and enjoy the said moiety hereby assigned to the said A. B., free and discharged of and from all claims and demands thereto, to be made by the said C."D., or his heirs or assigns, and all persons claiming under him and them. [Jldd the like covenant from A. B. to C. D.] In testimony whereof, would be entitled to share in the inheritance if there were no will. And this WILLS. 313 may be done where the testator intends to disinherit them, by naming each of them, and declaring that he shall give them nothing, with the reasons of such decision, or by giving each of them a dollar, or some nominal sum. If a testator give a share of his personal estate to B. without adding ' to his heirs, &c,' if B. survive the testator he will have an absolute title to the bequest, and it will descend to his executors, &c. But if B. die before the tes- tator such legacy is lapsed, and B.'s heirs and executors, &c, can maintain no title to it. It is therefore expedient in all cases, where the testator intends to give the whole estate, and not merely a life estate, to make the devise or bequest to the object of his bounty, and to his heirs, &c. A will, purporting to devise and bequeath all the testa- tor's estates, will be good to convey all the personal estate he may leave, although a part of it was acquired after the making of the will. But it will only convey such real estate as he was entitled to at the time he made the will, and if after making the will he acquires other real estates by purchase or inheritance, such estates will not pass by his last Will and Testament, but will descend to his heirs at law. [1] A general form for disposing of both real and per- sonal estate. In the name of God, Amen. I, A. B. of, &c, being in good bodily health, and of sound and disposing mind and memory, calling to mind the frailty and uncertainty of hu- man life, and being desirous of settling my worldly affairs, and directing how the estates with whicli it has pleased God to bless me shall be disposed of after my decease, while I have strength and capacity so to do, do make and publish this my last Will and Testament, hereby revoking and making null and void all other last Wills and Testaments by me heretofore made. And first I commend my immor- tal being to him who gave it, and my body to the earth, to be buried with little expense or ostentation, by my execu- tors hereinafter named. And as to my worldly estate, and all the property, real, 28 314 WILLS. personal or mixed, of which I shall die seized and possess- ed, or to which I shall be entitled at the time of my decease, I devise, bequeath, and dispose thereof in the manner fol- lowing, to wit : Imprimis. My Will is that all my just debts and funeral charges shall by my executors hereinafter named, be paid out of my estate, as soon after my decease as shall by them be found convenient. Item. I give, devise and bequeath to my beloved wife, C. B. all my household furniture, and my library in my mansion or dwelling-house, my pair of horses, coach and chaise, and their harnesses ; and also fifteen thousand dollars in money, to be paid to her by my executors hereinafter named, within six months after my decease. To have and to hold the same to her, and her executors, administrators and assigns for ever. I also give to her the use, improvement and income of my dwelling-house, and its appurtenances, situated in , my warehouse, situated in , and my wharf situated in , and called wharf. To have and to hold the same to her for and during her natural life. Item. I give and bequeath to my honoured mother, O. B. two thousand dollars, in money, to be paid to her by my executors hereinafter named within six months after my decease, to be for the sole use of herself, her heirs, execu- tors, administrators and assigns. Item. I give and bequeath to my daughter D. B. my fifty shares of the stock of the President, Directors and Company of the Bank, which are of the par value of five thousand dollars, my fifty shares in the stock of the Insurance Company, which are of the par value of five thousand dollars, and my ten shares of the stock of the Manufacturing Company, which are of the par value of ten thousand dollars. To have and to hold the same, together with all. the profit and income thereof to her the said D. B., her heirs, executors, administrators and assigns, to her and their use and benefit forever. Item. I give, devise and bequeath to my son, . B. the reversion or remainder of my dwelling or mansion house situated in and its appurtenances, and all profit, income and advantage that may result therefrom, from and after the decease of my beloved wife C. B. To have and to hold the same to him the said . B. his heirs and assigns, WILLS. 315 from and after the decease of my said wife, to his and their use and behoof forever. Item. I give, devise, and bequeath, to my son F. B., the reversion or remainder of my warehouse, situated in , and its appurtenances, and all the profit, income, and advantage, that may result therefrom, from and after the decease of my beloved wife, C. B. To have and to hold the same to the said F. B., his heirs and assigns, from and after the decease of my said wife, to his and their use and behoof forever. Item. I give, devise, and bequeath to my son G. B., the reversion or remainder of my wharf, situated in , called wharf, and its appurtenances, and all the profit, income, and advantage, that may result therefrom, from and after the decease of my beloved wife, C. B. To have and to bold the same to the said G. B., his heirs and assigns, from and after the decease of my said wife, to his and their use and behoof forever. Item. All the rest and residue of my estate, real, per- sonal, or mixed, of which I shall die seized and possessed, or to which I shall be entitled at the time of my decease, I give, devise, and bequeath, to be equally divided to and among my said sons, E. B., F. B., and G. B., and Lastly. I do nominate and appoint my said sons, E. B., F. B., and G. B., to be the executors of this my last will and testament In testimony whereof, I, the said A. B., have to this my last will and testament, contained on three sheets of paper, and to every sheet thereof, subscribed my name, and to this the last sheet thereof, I have here subscribed my name and affixed my seal, this first day of May, in the year of our Lord one thousand eight hundred and thirty-two. A 13 L.I Signed, sealed, and declared by the said A. B., to be his last will and testa- ment, in presence of us, who at his request and in his presence, have sub- scribed our names as witnesses here- to. U. V. W.X. Y. Z. 316 [2] Another general Form for disposing of Estates, real and personal. In the name of God. Amen. I, A. B., of, &c, being sick and weak of body, but of sound and disposing mind, memory and understanding, considering the certainty of death, and the uncertainty of the time thereof, to the end that I may be the better prepared to leave this world when it shall please my God to call me hence, have now deter- mined to direct what disposition shall be made of my pro- perty after my decease; and after maturely considering the circumstances and condition of all those among whom, as my heirs at law, or the objects of my gratitude or affection, in my judgment my estate should be distributed, I do make, publish, and declare this to be my last will and testament; hereby revoking and making null and void all former last wills and testaments, and writings in the nature of last wills and testaments by me heretofore made. And my will is first, that after my decease, my body shall be decently buried, without ostentation or unnecessary expense; and that my funeral charges and just debts shall be paid by my executor hereinafter named. And as to the residue of my estate and property with which God has blessed me, and which shall not be required for the payment of my debts, funeral charges, and the ex- penses in and about the execution of this my will, and the administration of my estate, I give, devise, and dispose thereof as follows, to wit: I give and devise to my be- loved wife, C. B., all my plate, my household furniture, my pew in meeting-house, and the sum often thousand dollars, to be paid to her in sixty days after my decease, by my executor hereinafter named, to have and to hold the same to her and her heirs, executors, and administrators, to her and their use and behoof forever: Also, the use of my dwelling-house, situated in , where I now reside, to have and to hold the same for and during her natural life. I give and bequeath to my daughter, O. B., fifteen thous- and dollars, to be paid to her by my executor hereinafter named within six months after my decease, to have and to hold the same to her, and her executors, administrators, and assigns, to her and their use and behoof forever. I give and bequeath to my friend Y. Z., of, 8tc, one WILLS. 317 thousand dollars, as a token of my gratitude to him for the many valuable services which he has rendered to me and my family at various times, to be paid to him by my executor herein after named within one year after my decease, to have and to hold the same to him, his executors, administra- tors, and assigns, to his and their use and behoof forever. I give and bequeath to R. S., son of my friend W. S., of, &c, in token of my affection for him, five hundred dollars, to be paid to him by my executor herein after named, within one year after my decease, to have and to hold the same to him the said R. S., his executors, administrators, and as- signs, to his and their use and behoof forever. I give, devise, and bequeath all the rest and residue of nay estate, real, personal, and mixed, of which I shall be seized and possessed, or to which I shall be entitled at the time of my decease, to my only son D. B., to have and to hold the same to him, and his heirs, executors, administra- tors, and assigns, to his and their use and behoof forever. And I do nominate and appoint my said son D. B. 3 to be the sole executor of this my last will and testament. In testimony whereof, Stc. [3] A Short Form. I, A. B., of, Stc, do make, publish, and declare, this as and for my last will and testament, hereby revoking all former wills by me made. My will is That my body be decently buried, and that my just debts and funeral charges shall be paid by my ex- ecutor herein after named. And my will is, that my execu- tor herein after named, shall forthwith, after my decease, sell and dispose of at public auction, for money, all the pro- perty, real, personal, and mixed, that I shall leave. And I give him ample power and authority so to do, and to execute and deliver deeds for the conveyance thereof. And out of the net avails of my estates that shall remain in the hands of my said executor, after paying my just debts and funeral charges, 1 give and bequeath to O. P., of, &c, one hundred dol- lars. 28* 31 8 WILLS. I give and bequeath to M. N., of, &,c, five hundred dol- lars. I give and bequeath to my niece K. L., of,&c, one thous- and dollars. I give and bequeath to Y. Z., of, &c, my executor here- inafter named, to compensate him for executing this will, five hundred dollars. And of all the rest and residue of my estates, real, per- sonal, and mixed, and the proceeds thereof, I give, devise, and bequeath One-third part thereof to my beloved wife, C. B. One-sixth part thereof to my son, D. B. One-sixth part thereof to my son, E. B. One-sixth part thereof to my daughter F. B., and One-sixth part thereof to my daughter G. B. To have and to hold to them, my said wife and children respectively, and to their respective heirs, executors, ad- ministrators, and assigns, their several and respective shares as aforesaid, to their several and respective use and behoof forever. And I do nominate and appoint my friend, the said Y. Z., to be the sole executor of this ray last will and testament. In witness whereof, &c. [4] A Seaman's Will, to be endorsed on a power of attorney to his Wife. In the name of God. Amen. I, A. B. , of , seaman, being in good health, and of sound and disposing mind and memory, but being about to expose myself to the perils and dangers of the seas; for the purpose of protecting my wife, C. B., and avoiding difficulties to her in case of my decease, do make, publish, nnd declare this as and for my last will and testament, hereby revoking all former last wills and testaments by me made. And, first, I commit my soul to my God, who created it, and my body to the ocean or the earth, as in his providence he shall order. And as to all my worldly estate, real, personal, and mixed, if I shall cave more than enough to pay my just debts, I give, devise, and bequeath the same, and all of it, to my beloved wife C. B., to have and to hold the same to my said wife, her heirs. WILLS. 319 executors, administrators, and assigns, to her and their use and behoof forever. But this devise and bequest is made on the condition, that my said wife shall share and divide the estates hereby demised and bequeathed to her, between her- self, and my present children by her, and all the children that she may hereafter bear by me, in the same manner that the laws of the State would distribute the same between her and them, if I had made no will, and no other person had any claim thereto. And I do nominate and appoint my said wife to be the sole executrix of this my last will and testament ; and I do hereby authorize and empower her, at public or private sale, in her discretion, to sell, and execute and deliver deeds to convey any and all the real estates that I shah 1 leave. In testimony whereof, &c. [5] Nuncupative Will. The will of A. B., of, &c, made and declared by him on, the day of , in the presence of us, who have hereunto subscribed our names as witnesses, my will is &c [proceed to state all the provisions of the will.] [6] Another Form. Memorandum. On or about the day of , in the year of our Lord, &c, A. B., of, &c, being of sound mind, and sick and very weak in body, of the sickness whereof he died on or about the day of following, did at, &c, make and declare his last will and testament, nuncupative, in the words following, or in the like words, to wit, l I give, &c, [name each legacy and bequest,] and the residue of my estate I give to A. B., of, y indorsement, by one of full age, on a deed by him made while an infant 292 Of dower to an heir 292 Of dower in consideration of an annuity given by will 293 Of a trust estate 294 Of an appprentice from his indentures 294 From an apprentice and liis father to his master '* t.'i Of a right to lands 295 Of an equity of redemption 296 Of a mortgage to be entered on the margin of the record 296 Of a mortgage, by indorsement 296 SEPARATION. Between a husband and his wife, the husband giving for her use the estate to which she was entitled at the time of her marriage 297 SETTLEMENT. Marriage settlement of a wife's estate, consisting of lands, &c 303 INDEX. 333 SETTLEMENT, (Continued) In contemplation of marriage for securing money and other property 306 St Maur's tables of expectation of life GO USES AND TRUSTS- Declaration of trusts of purchase money, made by the trustee 309 Declaration of trust of a bond and indenture of mortgage, made by a trustee 309 A declaration that a man's name is used in trust in a bond, made by a trustee 310 A deed to declare articles an escrow, made by the parties 310 A deed to declare that several securities were for the same debt, made by the creditor 311 Declaration of trust, of stock 311 Value of annuity, (Table) 61 Wigglesworth's table of expectation of life 58 WILLS. A general form of disposing of real and personal estate 313 Another general form of disposing of estate real and per- sonal 316 A short form 317 A seaman's will, to be indorsed on a power of attorney to his wife 318 Nuncupative will 319 another form 319 A codicil, to be indorsed on a will 320 Various conclusions of wills or codicils 320 Attestations of wills 321 291 ... UJ niuursement, by one of full age, on a deed by him made while an infant 292 Of dower to an heir 292 Of dower in consideration of an annuity given by will 293 Of a trust estate 294 Of an appprentice from his indentures 294 From an apprentice and his father to his master 29f> Of a right to lands 295 Of an equity of redemption 296 Of a mortgage to be entered on the margin of the record 29G Of a mortgage, by indorsement 296 SEPARATION. Between a husband and his wife, the husband giving for her use the estate to which she wan entitled at the time of her marriage 297 SETTLEMENT. Marriage settlement of a wife's estate, consisting of lands, &c 303 L University of California SOUTHERN REGIONAL LIBRARY FACILITY 405 Hilgard Avenue, Los Angeles, CA 90024-1388 Return this material to the library from which it was borrowed. , A 000 024 272 7 University of California SOUTHERN REGIONAL LIBRARY FACILITY 405 Hilgard Avenue, Los Angeles, CA 90024-1388 Return this material to the library from which it was borrowed. A 000 024 272 7 University of Califor