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9 
 
 THE 
 
 IKSRCHANT’S ASSISTANT, 
 
 AND 
 
 CLERK’S NEW MAGAZINE; 
 
 CONTAINING 
 
 THE MOST USEFUL AND NECESSARY 
 
 w ®issag WBira&sratS) 
 
 THAT OCCUR IN THE 
 
 TRANSACTIONS OF BUSINESS BETWEEN MAN AND MAN • 
 
 AND MOST OF WHICH 
 
 ARE CALCULATED TO BE , OF PRACTICAL UTILITY, 
 
 AS WELL TO THE 
 
 CITIZENS OF THE OTHER UNITED STATES, 
 
 AS OF THE 
 
 I 
 
 ✓STATE OF MAINE: 
 
 > ■? 
 
 COLLECTED FROM THE MOST APPROVED AUTHORITIES 
 
 JSY N. G. JEWETT AND DANIEL CLARKE. 
 
 PORTLAND: 
 
 PRINTED BY TODD AND SMlTHo 
 
 1824, 
 
gj April, in the year of our Lord one thousand eight hun- 
 
 m ' ' ‘ - - - - - - 
 
 m 
 
 Ll s * H dred and twenty-four, and the forty-eighth year of the 
 
 DISTRICT OF MAINE, ss. 
 
 BE IT REMEMBERED, That on this tenth day of 
 
 m 
 
 £8 
 
 r*2 . . v w 
 
 as I 3 Independence of the United States of America, NA- 
 
 8a&KSB$9HB8 THANIEL G. JEWETT and DANIEL CLARKE, of 
 the District of Maine, have deposited in this Office, the title of a Book, 
 the right whereof they claim as Authors, in the words following, viz : 
 
 “ The Merchant’s Assistant, and Clerk’s New Magazine; cantain- 
 “ ing the most useful and necessary forms of writings, that occur in the 
 “ transactions of business between Man and Man ; and most of 
 “ which are calculated to be of practical utility, as well to the citizens 
 “ of the other United States, as of the State of Maine : Collected from 
 “ the most approved authorities. By N. G. Jewett and Daniel Clarke. 
 “ Portland : Printed by Todd & Smith, 1824.” 
 
 In conformity to the Act of the Congress of the United States, entit¬ 
 led, “An Act for the encouragement of learning, by securing the copies 
 “ of maps, charts, and books, to the authors and proprietors of such 
 “ copies, during the times'therein mentioned and also, to an act, en¬ 
 titled, “ An Act supplementary to an act, entitled, an act for the en¬ 
 couragement of learning, by securing the copies of maps, charts and 
 “books, to the authors and proprietors of such copies, during the times 
 therein mentioned, and extending the benefits thereof to the arts of 
 “ designing, engraving, and etching historical and other prints.” 
 
 .. -ict 
 
 A true copy as of record 
 
 TOPTN MIJSSFY S^terk of the Distri 
 JUriN MU&obi, ^ Court 0 f Maine 
 
 Attest, J. MUSSEY, Clerk D. C. Jtyaine. 
 
 BOSTON COLLEGE LIBRARY 
 CHESTNUT HILL, MA 
 
 03SS> 
 
//,? 
 
 > 
 
 c* 
 
 Believing, as we do, that the value of a 
 work of this kind can be estimated only by * 
 its utility, we shall not attempt by a labor¬ 
 ed preface to magnify its importance, or to 
 swell its merits by a long list of recommen¬ 
 dations, extorted from the politeness and 
 good feelings of those, over whose signa¬ 
 tures they appear. It is enough, if the 
 Farmer, the Mechanic, the Tradesman, the 
 Merchant, and the man of business of every 
 description, shall gather from its pages in¬ 
 struction and assistance in managing the 
 
 concerns of his own department. That 
 such a work is, at the present time, much 
 wanted, it needs no argument to prove, and 
 this is now offered to the public at a reduced 
 price from that of almost every publication 
 that falls within the compass of Law. 
 
 * 
 
 
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THE 
 
 CLERK’S NEW MAGAZINE* 
 
 ARTICLES OF AGREEMENT. 
 
 An agreement is, when two or more minds are 
 united in a thing done or to be done, or where a 
 mutual assent is given to do or not to do a particu¬ 
 lar act. PL Com . 
 
 A contract is a bargain between two persons, 
 where one thing is given for another, which is called 
 Quid pro quo; and if there be not one thing for 
 another, or some consideration, it is a nude con¬ 
 tract, or void in law. 
 
 An agreement without satisfaction is as nothing 
 and a forced agreement of the party is accounted 
 no agreement. Sum. Laws Eng. 
 
 Articles of agreement are used for ascertaining 
 what is mutually agreed upon by the parties thereto, 
 either in respect to the sale of estates, performance 
 of work, service or any other thing contracted to 
 be done, in consideration of money, wares, &c. And 
 here it is always safest either to have separate 
 bonds in sufficient penalties, or an obligatory penal 
 clause inserted in the body of those articles, for the 
 true performance of what is therein contracted. 
 
 No action shall be brought, whereby to charge 
 any person upon any agreement made upon consid¬ 
 eration of marriage, or upon any agreement that is 
 not to be performed within the spac 1 of one year 
 from the making thereof, unless the agreement upon 
 which such action shall be brought, or some memo¬ 
 randum or note thereof, shall be in writing, and 
 signed by the party to be charged therewith, or some 
 9ther person thereunto by him lawfully authorised.* 
 
 L:nvs of Maine » 
 
 • 
 
ARTICLES OF AGREEMENT. 
 
 S'* 
 
 o 
 
 $ 
 
 No contract for the sale of any goods, ware? or 
 merchandizes, for the price of thirty dollars, or 
 more, shall be allowed to be good in law, except 
 the purchaser shall accept part of the goods, so 
 sold, and actually receive the same, or give some¬ 
 thing in earnest, to bind the bargain, or in part 
 payment, or that some note or memorandum in 
 writing of the said bargain be made and signed by 
 the parties to be charged by such contract, or their 
 agents, thereunto lawfully authorised. 
 
 Laws of Maine. 
 
 A single penny given in earnest, and accepted by 
 the seller, confirms any agreement for the sale of 
 goods* &c. though of the greatest value. 
 
 Noy's Max. 
 
 Articles of Agreement. — A General Form . 
 
 Articles of agreement, made and concluded the — 
 day of— in the year of our Lord one thousand eight 
 hundred and twenty — by and between A B, of&c. 
 on one part, and C D, of &c. on the other part, 
 witness, 
 
 That the said A B, for the consideration hereafter 
 mentioned, hath agreed and doth hereby covenant 
 and agree that-- 
 
 And the said C L>, on his part, doth hereby cove¬ 
 nant and agree, &c. 
 
 To the true and faithful performance of the several 
 covenants and agreements aforesaid, the parties afore¬ 
 said do hereby respectively bind themselves and their 
 respective heirs, executors and administrators, each 
 to the other, his executors and administrators, in the 
 penal sum of — And in testimony whereof they 
 have hereunto interchangeably* set their hands and 
 'Cals, the day and year above (or first above) written. 
 
 Sig -ed, sealed and delivered, l A B (l. s.) 
 
 in presence of us, y C D 1 (l. s.) 
 
 '* When this word is inserted, it shews that there' ought to be two 
 draughts executed, v'z. one for each party. 
 
ARTICLES OF AGREEMENT. 
 
 <Mr 
 
 n 
 
 Articles for the Sale of an Estate, with a Penal 
 Clause for Performance of Covenants. 
 
 Articles of agreement, made and concluded, the 
 — day of — in the year of our Lord — by and be¬ 
 tween E B, of he. of the one part, and C D, of &:c. 
 of the other part, as followeth: 
 
 First , The said E B in consideration of the sum 
 of $ 500, to be paid as is hereinafter mentioned and 
 agreed, doth covenant and agree with the said C D, 
 that he the said E B shall, on or before the — day 
 of — next ensuing, by a good and sufficient deed or 
 instrument in writing, to be by him the said E B, at 
 his own cost and charge, duly made and executed, 
 according to law, grant, convey and confirm unto 
 him the said C D, his heirs and assigns, (Here de¬ 
 scribe the premises.) 
 
 And the said C D for himself, his heirs, executors 
 and administrators, doth covenant, promise, and 
 grant, to and with the said E B, his heirs and assigns, 
 that he the said C D shall and will, on executing the 
 said conveyance, pay or cause to be paid to the said 
 E B his heirs or assigns, the said sum of $500, as 
 and for the purchase money, for the said messuage 
 and premises above mentioned. 
 
 And it is further agreed by and between the said 
 parties to these presents, that the said C D his heirs 
 and assigns, shall and may, on or before he. next, 
 enter into and upon the said messuage and premises, 
 and from thence receive and take the rents, issues and 
 profits thereof, to his and their own uses. 
 
 And lastly, For the due performance of the sever¬ 
 al covenants and agreements aforesaid, the parties 
 aforesaid do hereby respectively bind themselves, 
 their heirs, executors and administrators, each to the 
 other, his executors, administrators and assigns, in 
 the penal sum of 5 $ 1000.- In testimony whereof 
 they have hereunto interchangeably set their hands 
 and seals, the day and year above written. 
 
 Signed , fyc. 
 
ARTICLES OF AGREEMENT. 
 
 Articles for the Building or Rebuilding of Mills'^ 
 
 Articles of agreement, indented, made and conclu¬ 
 ded by and between E B, of &,c. C D, of he. and 
 E F, of he. of the one part, and G H, of <^c. of the 
 other part. 
 
 First , The said G H, for the considerations herein¬ 
 after mentioned, doth covenant and agree with the 
 said E B, C D and E F, and each and every of 
 them, their, each and every of their executors, admin¬ 
 istrators and assigns, that he the said G H shall, on 
 or before he. next ensuing the day of the date of 
 these presents, repair and go to and there in a 
 good and workmanlike manner, according to the 
 best of his art and skill, by and with the directions 
 of the said E B, C D and E F, or the one of them, 
 well and sufficiently build, (or rebuild,) or cause to 
 be built (or rebuilt) the mills of he. with such mate¬ 
 rials and workmen to be erupted under him, as 
 they the said E B, C D and E F, or any of them, 
 their, or any of their executors, administrators, or as¬ 
 signs, shall find, appoint, and provide for the same. 
 
 In consideration whereof, they the said E B, CD 
 and E F, do hereby, for themselves* their and every 
 of their heirs, executors, and administrators, cove¬ 
 nant and agree with the said. G H woll and truly to 
 pay, or cause to be paid to the said G H, his execu¬ 
 tors, administrators or assigns, for all such time as 
 he shall be employed by them the said E B, C D 
 and E F, or any of them, in building (or rebuilding) 
 the mills aforesaid, weekly and every week, the wa¬ 
 ges of six 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 E B, C D and E F, some or one of 
 them, at he. And also that they the said E B, C D 
 and E F, some or one of them, shall and will pay, or 
 cause to be paid, to him the said G PI over and above 
 the wages aforesaid, the sum of fifty dollars, in man- 
 mer following, (that is to say) twenty-five dollars, one 
 half thereof to be paid him down in hand, and the 
 
ARTICLES OF AGREEMENT 
 
 other twenty-five dollars to be paid on the finishing 
 of the building (or rebuilding) of the mills aforesaid, 
 to the satisfaction and good liking of them the said 
 4 EB, C D and E F, their executors, administrators 
 or assigns, or any of them. 
 
 And lastly , The said G H, doth covenant, promise 
 and agree, to and with the said E B, G D and E F, 
 their executors, administrators and assigns, and eve¬ 
 ry of them, by these presents, that he, the said G H, 
 sh^ll not absent or depart from the work and build¬ 
 ing, (or rebuilding) aforesaid, without leave in wri¬ 
 ting, first had and obtained from the said E B, C D, 
 and E F, some or one of them, for the doing thereof, 
 on pain of forfeiting for every day of such absence, 
 the sum of one dollar,to be stopped and deducted by the 
 said E B, C D and E F, some or one of them, their, 
 some or one of their executors, administrators or as- 1 
 signs, out of the wages aforesaid. In witness, fyc. 
 
 Signed , &fc. 
 
 Agreement for Building a House . 
 
 Be it remembered, That on this — day of «— it 
 is agreed between A B, of, — and C D, of— in man¬ 
 ner and form following, to wit : the said C D, foi? 
 the considerations hereinafter mentioned, doth for 
 himself, his heirs, executors and administrators, cov¬ 
 enant with the said A B, his executors, administra¬ 
 tors and assigns, that he the said C D, or his assigns, 
 diall and will within the space of — next after the 
 date hereof, in a good and workmanlike manner, 
 and according to the best of his knowledge and skill, 
 at — well and substantially erect, build, and finish 
 one house or messuage, according to the draught or 
 scheme hereunto annexed, of the dimensions follow¬ 
 ing, viz. he. and compose the same with such stone 
 or brick, timber and other materials, as the said A 
 G or his assigns, shall find and provide for the same; 
 hi consideration whereof, the said A B doth for him- 
 .self, his executors and administrators, covenant with 
 
10 
 
 ARTICLES OF AGREEMENT. 
 
 the said C D, bis executors, administrators and as¬ 
 signs, well and truly to pay unto the said C D, his 
 executors, administrators and assigns, the sum of-— 
 lawful money of — in manner following, to ivit :— 
 part thereof, at the beginning of the said work, — 
 more, another part thereof, when the said work shall 
 -be half done, and the remaining — in full for the 
 said work, when the same shall be completely finish¬ 
 ed: And also that he, the said A B, his executors, 
 administrators or assigns, shall and will, at his and 
 their own proper expense, find and provide all the 
 stone, brick, tile, timber and other materials neces¬ 
 sary for making and building of the said house. 
 To the true and faithful performance of the several 
 articles and agreements above mentioned, the said 
 A B and C Ddo hereby respectively bind themselves, 
 their heirs, executors, and administrators, each to the 
 other, in the penal sum of- In witness, fyc. 
 
 Signed 9 fyc. 
 
 Agreement for Copy Right . 
 
 This indenture of agreement, made and concluded 
 this — day of — A. D. — by and between A B, of 
 &c. on one part, and C D, of &ic. on the other part, 
 
 TV itnesseth, 
 
 That the said A B, for the consideration hereafter 
 mentioned, hath agreed to sell and convey, and doth 
 by these presents sell and convey to the said C D, 
 his heirs and assigns, the sole right of printing, re¬ 
 printing, publishing and vending a book whereof 
 he the said A B is author, entitled — for the whole 
 period that the same is secured to him by act of the 
 Congress of the United States, and more especially 
 by an act, entitled, an “Act for the encouragement 
 of learning, by securing the Copy of Maps, Charts 
 and Books, to the Authors or Proprietors of such 
 Copies, during the times therein mentioned; and 
 also, to an act, entitled, “ an Act supplementary to 
 5111 act, entitled, an act for the encouragement of 
 
ARTICLES OF AGREEMENT. 
 
 11 
 
 learning, by securing the copies of Maps, Charts 
 and Books to the authors and proprietors of such 
 copies, during the times therein mentioned, and 
 extending the benefits thereof to the arts of design¬ 
 ing, engraving, and etching historical and other 
 prints.” And he the said A B, doth hereby cove¬ 
 nant with the said C D, that before the publication 
 of said Book, lie deposited a printed copy of the 
 Title thereof, in the Clerk’s Office of the District 
 Court, wherein he the said A B then resided, and 
 did also publish a copy of the Record thereof with¬ 
 in the time, and in the manner, directed by said act; 
 and did also lodge a copy thereof in the office of 
 the Secretary of State, as by said act is directed. 
 
 [And the said A B doth further covenant and 
 agree with the said C D, to make such corrections 
 and amendments to each and every future edition 
 of said work, as shall appear (or as shall be sug¬ 
 gested by said C D) to him, previous to the printing 
 of the same, to be necessary and useful.] 
 
 And the said C D, on his part, for himself, his 
 heirs, executors and administrators, doth hereby 
 covenant and agree to pay to the said A B, on or 
 before the — day of— the sum of — in manner 
 following, that is to say he. And they do further 
 covenant and agree to pay and deliver to the said 
 A B, or his order, — copies, well bound and lettered, 
 out of every edition not exceeding — hundred copies, 
 which they shall print, and so in proportion for any 
 edition of a larger number. 
 
 In testimony whereof, the parties aforesaid, have 
 hereunto, interchangeably set their hands an*l sealjj, 
 the day above written. 
 
 Signed, fyc. 
 
12 
 
 AftSIGNMEM 1 * 
 
 ASSIGNMENTS. 
 
 An Assignment is the transferring and setting 
 over to another, of some right, title or interest iu 
 things, in which a person not a party to the assign¬ 
 ment, has a concern and interest. The person as¬ 
 signing is called the Assignor, and he to whom the 
 assignment is made, the Assignee. 
 
 If a person hath a term for years, he cannot 
 assign it, unless he be actually in possession ; and if 
 he be not, the assignment must be executed upon the 
 premises intended to be assigned. Co. Lit. 46, 47. 
 
 Upon an assignment of a lease for years, the 
 lesser may, at his election, charge either the lessee 
 or assignee with the rent; but if he accept rent from 
 the assignee, knowing of the assignment, he hath 
 determined his election, and cannot afterwards 
 charge the lessee for rent growing due. 3 Rep. 23. 
 
 Assignment of a bond by endorsement. 
 
 Know all men by these presents, That I, L M, of 
 *&ic. in consideration of the sum of —, paid to me by 
 A B, of he. have granted, bargained, sold, trans¬ 
 ferred and assigned, and by these presents, do grant, 
 &c.unto the said A B, the within written bond and ob¬ 
 ligation, being a bond made,and executed to me by E 
 X), of&c. and conditioned for the payment of—. And 
 I do hereby constitute and appoint the said A B, my 
 attorney irrevocable, with full power to ask, dc- 
 jnand, and if need, to sue for, recover and receive 
 ; the principal and interest due upon the same to his 
 own use, and when payment shall be made, to can¬ 
 cel the said bond, and give a release or releases, 
 discharge or discharges, for the same. And I do 
 .grant to my said attorney, power of substituting one 
 or more attornies under him, if he see fit, engaging 
 to ratify and confirm whatever he shall lawfully do 
 in and about the premises. 
 
 In witness fyc. 
 
ASSIGNMENTS. 
 
 13 
 
 Assignment of a Lease . 
 
 To all to whom these presents shall come, 
 
 Greeting . 
 
 Whereas G H, of —, on the — day of -—, by an 
 indenture of lease of that date, made between him, 
 the said G H, on one part, and L M of —, on the 
 other part, for a certain consideration therein men¬ 
 tioned, did grant, lease, and farm let, &;c. (here de¬ 
 scribe the 'premises) for and during the term of — 
 years, as in and by the said lease, relation thereto 
 being had, will fully appear: And whereas the said 
 L M hath agreed to assign and make over to the 
 said G H, the premises aforesaid : 
 
 Therefore know ye , That I, the said L M, for and 
 in consideration of the sum of —, to me in hand paid 
 by the said G H, have granted, transferred, assigned 
 and made over, and do hereby grant, &ic. to the said 
 G H, his heirs, executors, administrators and assigns, 
 the said premises] above described, and every part 
 or parcel thereof, for and during all the residue and 
 remainder of the said term of —. 
 
 To have and to hold the said ( premises ) to him 
 the said G H, his heirs and assigns, with all the privi¬ 
 leges and appurtenances.thereto belonging, in as full 
 and ample manner, to all intents and purposes, as I 
 the said L M might hold and enjoy the same by vir¬ 
 tue of the lease aforesaid. And I do for myself, my 
 heirs, executors and administrators, covenant with 
 the said G H, his heirs and assigns, that I have good 
 right, full power and lawful authority to assign the 
 said (premises) to him, the said G H* to hold as afore¬ 
 said. And that he, the said G H, his executors, ad¬ 
 ministrators and assigns, paying the rent, and per¬ 
 forming the conditions and covenants in said lease 
 mentioned to be on my part performed, shall and 
 may, during the residue of the term aforesaid, peace¬ 
 ably and quietly have, hold, occupy, possess and en¬ 
 joy the said (premises) with the appurtenances, with¬ 
 out any let, trouble or molestation by or from me, 
 
 2 
 
14 
 
 ASSIGNMENTS. 
 
 the said LM, my heirs, executors or administrators, 
 or any other person or persons lawfully claiming 
 the same by, from or under me, them or any of them. 
 
 In ivitnessj fyc. 
 
 Another , by indorsement. 
 
 Know all men by these presents, That I, W M, 
 of —, in consideration of the sum of—, to me paid 
 by W S, of—, have granted, assigned, transferred 
 and made over, and do hereby grant, &c. to the said 
 W S, his heirs and assigns, the within described 
 premises (or —, described in the within written 
 lease, for and during the term of —• or all the res¬ 
 idue and remainder of the term therein mentioned.) 
 
 To have and to hold the same, with the privileges 
 and appurtenances thereof, to the said W S, in as 
 full and ample manner as the same is conveyed to 
 me, (or as I might hold and enjoy the same by the 
 within lease) he the said W S, his heirs, executors 
 or administrators performing the conditions and 
 covenants therein, of me required. 
 
 And I do covenant with the said W S, his heirs 
 and assigns, That I have good right to assign the 
 said (premises) as aforesaid, and that he, the said W 
 S, shall and may hold andjenjoy the said (premises) 
 for and during the residue of the term aforesaid, 
 free of all molestation from me, my heirs, executors 
 or administrators, or any person or persons lawfully" 
 claiming the same under me or them, or any of them. 
 
 In witness , fyc. 
 
 Assignment of a Mortgage . 
 
 To all people to whom these presents shall come. 
 I, C D, of —, &c. send greeting. 
 
 Whereas A B, of — , on the — day of —, by his 
 deed of mortgage of that date, for the consideration 
 of —, did grant, bargain, sell and convey to me the 
 said C D, my heirs and assigns, (here recite the 
 premises) to have and to hold the same to me the 
 said C D, my heirs and assigns, forever, upon the 
 
ASSIGNMENTS. 
 
 15 
 
 conditions hereafter mentioned, viz. That he the 
 said A B should — pay, he. (here insert the condi¬ 
 tion.) And whereas I have agreed to assign the 
 said mortgage to the said W S, of— : Therefore 
 know ye, That I the said C D, in consideration of 
 the sum of —, to me in hand paid before the en- 
 seqjing hereof, by the said W S, do by these presents 
 grant, bargain, sell, transfer, assign and make over 
 to the said C D, his heirs and assigns forever, the 
 said (premises.) To have and to hold the same to 
 him the said W S, his heirs and assigns forever, as 
 fully and in as ample manner as I, the said C D, 
 my heirs or assigns might hold and enjoy the same 
 by virtue of the mortgage deed aforesaid, and no 
 otherwise. And I do for myself, my heirs, execu¬ 
 tors and administrators, hereby authorise and em¬ 
 power the said W S, his heirs, executors and ad¬ 
 ministrators, to receive to his and their own use the 
 sum, or sums, mentioned in the condition of said 
 deed, whenever the same shall be tendered or paid 
 to him or them by the said A B, his heirs, executors 
 or administrators, agreeably thereto, and to discharge 
 the said mortgage, or re-eonvey the premises upon 
 redemption thereof, as by law is provided, as fully 
 to all intents and purposes as I, the said C D, my 
 heirs, executors or administrators might, or ought, 
 to have discharged or re-conveyed the same in case 
 of such tender, payment or redemption, as if this 
 assignment had not been made. And I do for my¬ 
 self, my heirs, executors and administrators, cove¬ 
 nant with the said W S, his heirs and assigns, that 
 I have good right to assign the said (premises) as 
 aforesaid, and that he, the said W S, shall and may 
 have, hold, occupy, possess and enjoy the same 
 (subject however to the right of redemption as by 
 law in such cases is provided) against the lawful 
 claim of all persons. In witness , fyc. 
 
16 ARBITRATIONS AND AWARDS. 
 
 Assignment of a Man's whole Estate in Considera¬ 
 tion of several Debts and Engagements. 
 
 To all People to whom these presents shall come, 
 I, B C, of —, send greeting. Whereas I am indebt¬ 
 ed unto G H, of --, in the sum of -, 
 
 and the said G H and one C D,of—, stand jointly 
 and severally engaged for me, the said B C, in sev¬ 
 eral bonds or obligations for several sums of money: 
 JVow know ye, That I, the said B C, for and towards 
 the payment and satisfaction of the said monies, and 
 for divers other good causes and considerations me 
 thereunto moving, have granted, assigned, bargain¬ 
 ed and sold, and by these presents do freely and 
 absolutely grant, &c. unto the said G H and C D, 
 all and ail manner of goods, chattels, debts, monies 
 and all other things of me, the said B C, whatsoever, 
 as well real as personal, of what kind, nature or 
 quality soever : To have and to hold the same, and 
 every part and parcel thereof, unto them the said G 
 H and C D, their executors, administrators and as¬ 
 signs forever. In witness , fyc. 
 
 OF ARBITRATIONS AND AWARDS. 
 
 That act, by which parties refer any matter in 
 dispute between them to the private decision of 
 another party, is called a submission ; the party, to 
 whom the reference is made, an Arbitrator or Arbi¬ 
 trators. The judgment given or determination made 
 by an arbitrator or arbitrators, is termed an award. 
 
 Jac. L . Die. 
 
 It is necessary, in most cases, that the award be 
 in writing. 
 
 By a law of the State of Maine, it is provided, 
 That when any persons, who may have a dispute of 
 what nature soever, shall agree to have the dispute 
 determined by referees mutually chosen by the par¬ 
 ties for the purpose, it shall and may be lawful for 
 the person or persons making the demand in the 
 
ARBITRATIONS AND AWARDS. 1 7 
 
 action, to make out a particular statement thereof 
 under his or their hands hi writing, and to lodge the 
 same with some one Justice of the Peace ; and the 
 said Justice of the Peace, upon application of the 
 parties for the purpose, shall make out an agree¬ 
 ment to be annexed to the aforesaid demand, and to 
 be by them or their lawful agents or attornies, sub¬ 
 scribed and acknowledged in substance as follows : 
 Town of —, in the county of—, 18 Know all men, 
 
 that A B, of-, in the county of -, and 
 
 C D, of--, in the county of-, have agreed to 
 
 submit the demand made by the said A B against 
 the said C D, which is hereunto annexed, (and all 
 other demands, as the case may be,) to the deter¬ 
 mination of E F, G H and J K, the report of whom, 
 or the major part of whom, being made as soon as 
 may be to any Court of Common Pleas, to be hol- 
 den in and for the said county of —, judgment 
 thereon to be final. And if either of the parties 
 shall neglect to appear before the referees, after 
 proper notice being given them, of the time and 
 place appointed by the referees, for hearing the par¬ 
 ties in this action, the referees shall have power to 
 proceed ex parte. AB and C D.— S— ss. 18 
 Then the abovenamed A B and C D personally ap¬ 
 peared and acknowledged the above instrument by 
 them subscribed to be their free act. Before me, 
 LM, Justice of the Peace. 
 
 It is further provided, That the determination of 
 the referees shall be made to the next C. C. P. to 
 be holden in and for the county in which the Justice 
 of the Peace lived at the time he issued the agree¬ 
 ment, unless the parties shall agree that the said de¬ 
 termination may be made known, prior to its being 
 made to the C. C. P. ; in which case the referees 
 may make it known and the party so found indebt^ 
 ed may discharge himself therefrom and prevent 
 further process, by properly paying the sura 
 awarded. 
 
 *2 
 
18 
 
 BONDS 
 
 Form of an Award. 
 
 We the subscribers, referees, appointed by the 
 foregoing rule, having duly notified the parties 
 therein named, met them at the dwelling house of— 
 in —, this — day of —, and having heard their sev¬ 
 eral pleas, proofs, and allegations, and maturely 
 considered the same, do award and determine, and 
 this is our final award and determination in the 
 premises, that the said A B do recover of the said 
 C D, the sum of — damage, and costs of reference 
 taxed at —, (the costs of Court to be taxed by the 
 Court :) all which is humbly submitted. 
 
 E F, ) 
 
 GH, > Referees. 
 
 j M 
 
 Note. Bonds are sometimes mutually given, with or without surety, 
 to bind the parties more strongly to the performance of the award. 
 See under the article Bonds. 
 
 BILLS OF SALE. 
 
 SEE AMONG MERCANTILE FORMS. 
 
 Of Bonds and the Conditions thereof. 
 
 A Bond or Obligation, is a deed whereby the o5- 
 Ugor, .or person bound, obliges himself, his heirs, 
 executors and administrators, to pay a certain sum 
 of money to another (the obligee) at a day appoint¬ 
 ed. Jac. L. Die. 
 
 If the bond be without a condition, it is called a 
 single one ; but there is generally a condition 
 added, that if the obligor does some particular act, 
 the obligation shall be void, or else shall remain in 
 full force ; as payment of rent, performance of cov¬ 
 enants in a deed, or repayment of a principal sum 
 of money borrowed of tfie obligee, with interest ; 
 which principal sum is usually one half of the penal 
 sum specified on the bond. Ibid. 
 
 The condition is commonly at the foot of the ob^ 
 ligation*. 
 
BONDS. 
 
 19 
 
 If no place is mentioned fur payment of the money 
 specified in a condition, the obligor, on pain of for¬ 
 feiting his obligation, is to find out the person of 
 the obligee, if he be in the State, and tender the 
 money ; but where a place is mentioned, he is not 
 obliged to seek any further. By. 14. 271. 
 
 A Bond, with a Condition from One to One . 
 
 Know all men by these presents, that 1, C D, of 
 &c. in the county of &c. am held and stand firmly 
 bound and obliged to E F, of &c. in the sum of two 
 hundred dollars to be paid to the said E F, his ex¬ 
 ecutors, administrators or assigns ; to the which 
 payment, well and truly to be made, I bind myself, 
 my heirs, executors, and administrators, firmly by 
 these presents : Sealed with my seal. Dated the — 
 day of —, in the year of our Lord one thousand 
 eight hundred and 
 
 The condition of this obligation is such, That if 
 the above bound C D, his heirs, executors or ad¬ 
 ministrators, do and shall well and truly pay, or 
 cause to be paid, unto the above named E F, his 
 executors, administrators or assigns, the full sum of 
 one hundred dollars, with legal interest for the same, 
 on or before the — day of— next ensuing the date 
 hereof: Then this obligation to be void, or other¬ 
 wise to be and remain in full force and virtue. 
 
 Signed, fyc. 
 
 A Bond, with a Condition from Two to One. 
 
 Know all men by these presents, that we, C D, of 
 &c. and E F, of &c. are held and stand firmly bound 
 to G H, of &c. in three hundred dollars, to be paid 
 to the said G II, his executors, administrators or 
 assigns ; to the which payment w ell 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. *, 
 
20 
 
 BONDS. 
 
 by him and herself) for and in the whole, our heirs, 
 executors and administrators, and each of us, firmly 
 by these presents: Sealed with our seals. Dated, &:c. 
 
 The condition of this obligation is such, That if 
 the above bound C D and E F, or either of them, 
 their, or either of their heirs, executors or adminis¬ 
 trators, do and shall well and truly pay, or cause to 
 be paid, to the said G H,his executors, administra¬ 
 tors or assigns, the full sum of one hundred and 
 fifty dollars, with legal interest for the same, on or 
 before the, &c. which shall be in the year of our 
 Lord &lc. Then &c. Otherwise &c. 
 
 Notf. In case of a Bond from Three to One, One to Two, Two t« 
 Two, Three to Three &c. the necessary variations from One to One &c. 
 may easily be made, so as to answer every need. 
 
 A Bail Bond . 
 
 Know all men by these presents, that we G H, of 
 &c. J K, of &c. and L M, of &lc. are held and firmly 
 bound to N 0,Esq. Sheriff of the county of—afore¬ 
 said, in the sum of one hundred dollars, to be paid 
 to the said sheriff, his executors, administrators or 
 assigns ; for which payment well and truly to be 
 made, we bind ourselves, and every of us by him¬ 
 self, for and in the whole, our heirs, executors and 
 administrators, and of every of us, firnjfy by these 
 presents. Sealed with our seals. Dated the &lc. in 
 
 the — year of our Lord &c. 
 
 %/ 
 
 The condition of this obligation is such, That if 
 the above bound G H, do appear before the Justices 
 of the — Court of —, which is to be holden at —, 
 within and for the said county of —, on the — 
 Tuesday of&c. to answer to R S, Esq. in a plea of 
 — (here pursue the words, or set Jorih the substance 
 of the ivrit.) As set forth in the writ, and shall abide 
 the order and judgment of the Court thereon. Then 
 
BONDS. 21 
 
 this obligation to be void : Otherwise to be and re¬ 
 main in full force and virtue. 
 
 Note. By the Laws of the State of Maine, it is provided, that when 
 bail is given in any civil action, and judgment obtained against the de¬ 
 fendant, the officer, who may receive the execution issued upon the 
 same, shall give notice to the bail personally, or in writing,(if he be living 
 in the same county,) at least fifteen days before the expiration thereof, 
 certifying that he cannot find the debtor, nor whereof to satisfy the exe¬ 
 cution ; and the person who may have become bail, may commit the 
 debtor to gaol in the same manner, as the officer might have done, being 
 allowed fifteen days, within which time he must deliver a copy of the 
 writ or process, whereby the original arrest was made. He may also 
 commit or deliver the debtor after scire facias is issued, at any time be¬ 
 fore final judgment, by paying costs. Bail is not discharged by such 
 commitment unless he shall have left a notice in writing of the same, 
 with the plaintiff or his attorney, within fifteen days after commitment. 
 Bail may at any time before final judgment in the original suit, bring the 
 principal into court, and deliver him into custody. 
 
 The Condition of an Arbitration Bond. 
 
 The condition gf this obligation is such, That 
 whereas, the above named A B and C D, have this 
 day agreed to submit to the arbitrament and final 
 
 determination of E F, of &c. G H, of-, and 
 
 J K, of-, the demand made by the said A B, 
 
 against the said C D, which is to said agreement 
 in writing annexed, to wit: ( Here insert the demand.) 
 (If the reference is concerning all demands, then 
 say , and all demands, actions, or causes of action 
 and disputes of what nature and kind soever, which 
 now remain unsettled by and between said parties.) 
 Now if the above bound A B, his heirs, executors or 
 administrators, and every of them, for and on his 
 and their part and behalf, shall well and truly stand 
 to, abide by, perform, fulfil and keep the award and 
 final determination of said referees, according to the 
 true intent thereof, then this obligation to be avoid : 
 otherwise he. 
 
 A Condition of a Bond to be given by one who com¬ 
 mences an Action of Replevin. 
 
 The condition of the above obligation is such. 
 That whereas the said C D hath this day comraenc- 
 
BONDS. 
 
 22 
 
 ed against the said S P, an action of replevin, for 
 (here insert the beasts , goods or chattels) which he 
 says the said S P hath unlawfully taken. 
 
 Now therefore, if the said CD shall prosecute 
 the said replevin to final judgment, and pay such 
 damages and costs as the said S P shall recover 
 against him ; and also return and restore the same 
 goods and chattels in like good order and condition 
 as when taken, in case such shall be the final judg¬ 
 ment ; then the said obligation to be void. Other¬ 
 wise &c. 
 
 A Condition of a Bond of Indemnity , on a Sheriff’s 
 
 granting a Replevin. 
 
 The condition of this obligation is such, That if 
 the above bound A B do appear at the next coun¬ 
 ty court to be holden at —, in the county of he, 
 aforesaid, and then and there prosecute his action 
 with effect against C D for the taking and detain¬ 
 ing his cattle, that is to say , one cow, two horses, 
 he. [Here set forth the goods taken ] and do also 
 make return thereof, if a return shall be adjudged by 
 law ; and also do keep harmless, and indemnify the 
 above named sheriff, his under sheriffs and bailiffs 
 for, touching and concerning the replevying and 
 delivery of the said cattle, he. Then he. Other- 
 wise he. 
 
 Note. A larger number of forms under this head is deemed unneces¬ 
 sary, in as much as, the beginning and ending of every obligation is the 
 same. The intervening part alone must be varied to suit the nature of 
 the case. 
 
 OF CONVEYANCES. 
 
 A conveyance is a deed which passes or conveys 
 land from one man to another. 
 
 The most common conveyances now in use are 
 Deeds of Warranty, Quitclaim, Mortgage, Lease, 
 Release and Will, 
 
COVENANTS.—DEEDS. 
 
 23 
 
 OF COVENANTS. 
 
 A Covenant is the consent or agreement of two 
 or more, by deed in writing, sealed and delivered. 
 
 All covenants between persons, must be to do what 
 is possible and lawful, or they will not be binding. 
 
 Jacob's Diet. 
 
 All covenants must, as to time and place, be exact¬ 
 ly performed, and no cause of action can arise from 
 thence till some breach thereof. 
 
 If no time be limited for the doing of a thing, it 
 shall be done in a reasonable time. 
 
 Where one, by his own act, disables himself to 
 perform a covenant, it is a breach of it. 
 
 Wood's Inst. 
 
 Note. A covenant is most generally a part only of the instrument 
 in which it is contained, as in a Deed of Warranty, Lease, &c. The 
 warrantor, lessor, &c. covenants that he has good right and lawful au¬ 
 thority to do the same—that the premises are free of all incumbrances 
 &c. It is therefore unnecessary to insert, under this head, forms that 
 are only a repetition of what may be found in the body of other writings. 
 
 OF DEEDS. 
 
 A Deed is ail instrument sealed and delivered, 
 comprehending a contract or bargain between par¬ 
 ty and party. Wood's Tnst . 
 
 It is requisite that a deed be founded upon good 
 and sufficient consideration, and made by persons 
 able to contract and be contracted with. 
 
 Black. Com. 
 
 Of deeds there are two sorts, deeds indented and 
 deeds poll. A deed indented is defined to be “ a 
 deed consisting of two or more parts, in which it is 
 expressed that the parties have, to every part there¬ 
 of interchangeably set their several seals.” A deed 
 poll is a deed testifying that only one of the parties 
 $o the agreement hath put his seal to the same^ 
 
24 
 
 DEEDS. 
 
 where such party is the principal or only person, 
 whose consent or act is necessary to the deed. 
 
 Jacob's Diet. 
 
 Noth.— By a decision of the S. J. C. of the State of Maine it 
 lias been determined that a' deed under seal, duly executed, acknowl¬ 
 edging the receipt of the consideration thereof, is an estoppel to all ver¬ 
 bal testimony to the contrary. 
 
 JVarrantee Deed. 
 
 Know all men by these presents, That I, A B, of, 
 &lc. in consideration of the sum of —, paid me by 
 C D, of he. the receipt whereof I do hereby ac¬ 
 knowledge, do hereby give, grant, bargain, sell and 
 convey unto the said C D, his heirs and assigns 
 forever. (Here insert the premises.) To have and 
 to hold, the aforegranted and bargained premises, 
 with the privileges and appurtenances thereof, to 
 him, the said C D, his heirs and assigns, to 
 his and their use and behoof forever. And I do 
 covenant with the said C D, his heirs and assigns, 
 that I am lawfully seized in fee of the premises; 
 that they are free of all incumbrances; that I have 
 good right to sell and convey the same to the said 
 C D, to hold as aforesaid; and that I will warrant 
 and defend the same to the said C D, his heirs and 
 assigns forever, against the lawful claims and de¬ 
 mands of all persons. 
 
 [And S, wife of the said A B, in consideration of 
 ten cents, to her paid, the receipt whereof she doth 
 hereby acknowledge, doth hereby release to the said 
 C D, his heirs and assigns, all her right and title of 
 dower in the aforegranted premises.;* 
 
 In witness whereof, I, the said A B, have hereun¬ 
 to set my hand and seal, the — day of, he. 
 
 Signed, sealed and delivered , 
 in presence of us, 
 
 C—, ss. 18 . Personally appeared and ac¬ 
 
 knowledged the above instrument to be his free act, 
 and deed. Before me, Just, of the Peace.f 
 
 * When the person giving the deed has no wife, at the time of giving 
 the same, the covenant concerning dower may be omitted. 
 
 f All deeds must be thus acknowledged. See Laws of Maine . 
 
 A B. 
 
DEEBS. 
 
 Quitclaim Deed. 
 
 Know all men, &ic. (as in the preceding) —do 
 hereby remise, release, and forever quitclaim unto 
 the said C D, his heirs and assigns, all the right, 
 title and interest, which I have in and to (here in¬ 
 sert the premises.) To have and to hold the same, 
 together with all the privileges and appurtenances 
 thereto belonging, to him the said C D, his heirs 
 and assigns forever. And I do covenant with the 
 said C D, his heirs and assigns, that I will warrant 
 and defend the premises to him, the said C D, his 
 heirs and assigns forever, against the lawful claims 
 and demands of all persons claiming, by, through, 
 or under me. In ivitness, 
 
 Mortgage Deed. 
 
 Know all men, he. (as in Warrantee.) 
 
 Provided nevertheless , That if I, the said A B, 
 my heirs, executors or administrators, shall welland 
 truly pay to the said C D, his heirs, executors, ad¬ 
 ministrators or assigns, the full and just sum of — 
 on or before the — day of — next (or which will he 
 in the year of our Lord —) with lawful interest for 
 the same until paid, then this deed, [as also a cer¬ 
 tain bond, (or note, as the case may be) bearing even 
 date with these presents, given by me to the said C 
 D, conditioned to pay the same sum and interest at 
 the time aforesaid] shall be void ; otherwise shall 
 remain in full force and virtue. In witness whereof 
 fyc. 
 
 Deed given by the Inhabitants of a town. 
 
 Know all men he. that the inhabitants of the town 
 of —, in the county of —■, and State of —, in con¬ 
 sideration of the sum of —, to them paid by A B, of 
 -—,|the rece'pt whereof they do hereby acknowledge, 
 have given, granted, bargained, sold and conveyed, 
 and by these presents, do give &c. unto the said A 
 
26 
 
 DEEDS. 
 
 B, his heirs and assigns, a piece of land he. To 
 have and to hold he. (in common form.) 
 
 And the said inhabitants, for themselves and their 
 successors, do hereby covenant with the said A B, 
 his heirs and assigns, that, at the execution of these 
 presents, the said inhabitants are lawfully seized in 
 fee of the bargained premises ; that the same are 
 free from all incumbrances ; that the said inhabitants 
 have good right, full power and lawful authority, to 
 sell and convey the same to the said A B, in man¬ 
 ner aforesaid; and that the said inhabitants and 
 their successors, shall and will, warrant and defend 
 the same to the said A B, his heirs and assigns for¬ 
 ever, against the lawful claims and demands of all 
 persons whatsoever. 
 
 In witness whereof the inhabitants of the said 
 town, by the hands of C D, their Treasurer (or any 
 other person or persons, as the case may be,) hereunto 
 duly authorized by a vote of the inhabitants of the 
 said town, at a meeting legally holden for that pur¬ 
 pose on —, have hereunto set their seal, and the 
 said treasurer hath here under written his name. 
 
 In witness , fyc. 
 
 Deed by husband and wife of the wife’s real estate. 
 
 To all persons to whom these presents shall come, 
 A B, of —, gentleman, and C his wife, send greet¬ 
 ing- 
 
 Know ye, that in consideration of the sum of —, 
 to them paid by D E, of—, Esq. the receipt where¬ 
 of is hereby acknowledged, the said C, with the 
 consent of her husband (testified by his being party 
 hereto) hath given, granted, bargained, sold and 
 conveyed, and doth by these presents give &c. and 
 the said A B hath granted, remised, released, and 
 forever quitclaimed and confirmed, and doth hereby 
 grant &ic. unto the said D E, his heirs and assigns, 
 all that parcel of land, situate &c — To have and 
 to hold the above described real estate with the ap¬ 
 purtenances, to the said E D, his heirs and assigns, 
 
DEEDS. 
 
 27 
 
 to his and their use and behoof forever. And the 
 said A B for himself, his heirs, executors and ad¬ 
 ministrators, doth covenant with the said D E, his 
 heirs and assigns, that immediately before the seal¬ 
 ing and delivery hereof, he the said A B, and C, 
 his wife, in her right, are lawfully seized in fee of the 
 above conveyed real estate ; and that the same is 
 free from all incumbrances ; and that the said A 
 B, his heirs, executors, and administrators, shall 
 and will warrant and defend the same to the said E 
 D, his heirs and assigns, against the lawful claims 
 and demands of all persons. In witness, fyc. 
 
 Deed given by a Sheriff of an equity of redemption, 
 sold at Public Auction, 
 
 To all persons to whom these presents shall come, 
 D T, of —, a deputy sheriff under B P, he. sheriff 
 of the county of —, sendeth greeting. 
 
 Whereas, I, the said D T, on &lc. attached upon 
 mesne process, in a suit wherein J W, of —, was 
 plaintiff, and E E, of —, was defendant, all the 
 right in equity, which the said E E had of redeem¬ 
 ing the real estate hereinafter described, and where¬ 
 as by the consideration of the Court of —, holden 
 at —, within and for the county of —, on he. the 
 said J W recovered judgment against the said E 
 E, for the sum of —, debt or damage, and the sum 
 of —, costs of suit, upon which judgment a writ of 
 execution issued from the said Court, on the — day 
 of —, to me directed ; and whereas by virtue of the 
 said writ of execution, and in order to satisfy the 
 same, 1 did afterwards on the — day of —, take and 
 seize the right in equity of said E E, of redeeming 
 the following parcels of real estate, to wit, he. The 
 premises being subject to a mortgage made by the 
 said E E to D D, of —, his heirs and assigns, to 
 secure the payment of — and lawful interest therefor, 
 from the — day of as by the mortgage deed of the 
 
28 
 
 DEEDS. 
 
 said E E to the said D _D, dated the — day of —, 
 recorded in the Registry of deeds of the said county , 
 hook —, leaf —, reference thereto being had, will 
 more fully appear; and whereas afterwards, on the 
 — day of—, having duly given notice to the said 
 E E, and having duly advertised the premises ac¬ 
 cording to law, I sold the same at public auction to 
 A B, of —, in the county of —, who was the high¬ 
 est bidder, and the purchaser at said sale, for the 
 sum of—, which was the highestsurn then bid there¬ 
 for : Now know ye, that I, the said D T, as deputy 
 sheriff as aforesaid, in consideration of the said sum 
 of—, to me paid by the said A B, the receipt &ic. 
 have granted, bargained, sold, and conveyed, and 
 do hereby grant &c. unto the said A B, his heirs 
 and assigns forever, all the right in equity of redeem¬ 
 ing the above described premises. To have and to 
 hold the same to the said A B and his heirs and 
 assigns, to his and their use forever ; subject never¬ 
 theless to the right in equity of the said E E of re¬ 
 deeming the same, according to the statute in such 
 case made and provided. And I, the said D T, do 
 hereby covenant with the said A B, his heirs and as¬ 
 signs, that in the said sale I have complied with, 
 and observed all the rules and directions of the law 
 for making sale of rights in equity of redeeming 
 real estate, taken in execution. In witness &ic. 
 
 Another , with an adjournment of Sale. 
 
 To all persons Sic. J H, of —, a deputy sheriff 
 under A B, sheriff of the county of —, sendeth 
 greeting. 
 
 Whereas 1, the said J H, on —, attached upon 
 mesne process, in a suit wherein P D was plaintiff, 
 and R D was defendant, all the right in equity, 
 which the said R D had, of redeeming the real estate 
 hereinafter described ; and whereas afterwards on 
 —, which was more than thirty days after judgment 
 rendered on the process aforesaid, having taken, by 
 virtue of the execution which issued on thejudgment 
 
DEEDS. 
 
 29 
 
 aforesaid, all the said R D’s right in equity afore¬ 
 said, I gave notice to the said R D in writing, (in 
 person , or, by leaving the same at his usual place of 
 abode , according to the fact) and gave public notice, 
 by posting up notifications in the towns of —, and 
 by publishing and advertising according to law, in 
 a public newspaper printed in the county aforesaid, 
 called &tc. that the said R D’s right in equity afore¬ 
 said. would be sold at public vendue on —, upon 
 the same real estate. And whereas the said right in 
 equity advertised for sale as aforesaid, not being 
 disposed of at the time and place of sale appointed 
 as aforesaid, I adjourned the vendue to the — day 
 of —, at the place aforesaid, and then and there, 
 pursuant to the authority by law granted to me, 
 and upon and by virtue of the said execution, and 
 to satisfy the same, made sale of all the said R D’s 
 right in equity aforesaid, at public vendue, to W F, 
 of —, who bid therefor the sum of —, which was 
 more than any other person bid for the same : Now 
 know ye, that I the said J H, in my capacity afore¬ 
 said, and pursuant to the authority by law vested 
 in me, and in consideration of the sum of— paid 
 me by the said W F, (the receipt whereof towards 
 satisfying the said execution I do hereby acknowl¬ 
 edge) have granted, sold and conveyed, and do 
 hereby grant, &c. to the said W F, his heirs and 
 assigns, the said B’s right in equity of redeeming 
 the following real estate, viz. (here describe the par¬ 
 cels.) To have and to hold the said right in equity 
 to the said W F, his heirs and assigns forever; 
 subject nevertheless to the right, which the said R 
 D by law hath, to redeem the said right in equity 
 sold as aforesaid. And I, the said J H, do cove¬ 
 nant with the said W F, his heirs and assigns, that 
 I have conformed to and complied with, all the rules 
 and directions of the law, for making sale of rights 
 inequity of redeeming real estate taken in execu¬ 
 tion. In witness whereof fyc. 
 
 3 * ' 
 
30 
 
 DEEDS. 
 
 Deed by an Administrator . 
 
 Know all men, &ic. That I, A B, of —, adminis¬ 
 trator of the goods and estate of C D, late of —, 
 deceased, intestate, having obtained license from the 
 honorable B P, Judge of Probate for the county of 
 —, (or from —,) to sell and convey real estate of 
 the said C D, and having, agreeably to the direct¬ 
 ions of the said Court, given due notice of said sale, 
 did, on the — day of —, pursuant to the license and 
 notice aforesaid, sell at public vendue, to E F, of 
 &c. the estate hereafter described, the same having 
 been struck off to him for the sum of —, he being 
 the highest bidder therefor, viz. (here describe the 
 premises^) Therefore I, the said A B, do, by vir¬ 
 tue of the power and authority with which I am, 
 as aforesaid, vested, and in consideration of the 
 aforesaid sum of —, to me paid by the said E F, 
 the receipt whereof I do hereby acknowledge, have 
 given, granted and sold, and by these presents do 
 give, grant, sell, and convey to the said E F, his 
 iieirs and assigns, forever, the above described 
 premises, with all the privileges and appurtenances 
 to the same belonging. To have and to hold the 
 same, in manner as aforesaid, to the said E F, his 
 heirs and assigns, forever. And I, the said A B, 
 in my said capacity, do covenant to and with the said 
 E F, his heirs and assigns, that I was and am duly 
 licensed by said Court to make sale thereof, and 
 have in all things observed the rules and directions 
 of the law in advertising and selling said estate, and 
 have good right and lawful authority to sell and 
 convey the same in manner as aforesaid. 
 
 In witness ivhereoj] fyc. 
 
 Another Deed given by an Administrator , with a 
 
 recital . 
 
 To all people, &ic. I, R B, of —, administrator, 
 &c. send greeting. 
 
 Whereas, the Justices of the — Court, at their 
 term, holden, &c. did empower and license me to 
 
DEEDS. 
 
 31 
 
 sell, and to make and execute, good and sufficient 
 deed or deeds, to convey so much of the real es¬ 
 tate of the said intestate, as should amount to the 
 sum of—, for the payment of the just debts of the 
 said intestate, with incidental charges; and where¬ 
 as, having given the bond, and taken the oath, by 
 law required, and given public notice of the time 
 and place of sale of the real estate hereinafter des¬ 
 cribed, by causing an advertisement thereof to be 
 published three weeks successively, in a newspaper 
 printed at —, called —, according to law, I have 
 sold the same real estate to S A, he. for the sum of 
 —, which was the highest sum bid therefor, at the 
 public sale thereof, on — : Now know ye, that pur¬ 
 suant to the license, authority and power aforesaid, 
 and not otherwise, and in consideration of the sum 
 of, he. he. (as in the preceding.) 
 
 Another , by Administrator de bonis non , with the 
 
 ivill annexed. 
 
 To all, &c. R S, of —, administrator with the 
 will annexed, of the goods and chattels, rights and 
 credits, which have not been administered, and 
 which were of R S, late of —, deceased, sendeth 
 greeting. 
 
 Whereas, at the term of the Supreme Judicial 
 Court, holden on —, at —, within and for, &ic. the 
 said R S, by his petition, represented to the said 
 Court, that the said B S died seized of, &;c. (here 
 describe the real estate;) that it was necessary to 
 sell some part of the real estate aforesaid, for the 
 payment of the debts due from the estate of the said 
 B S, and that by a partial sale thereof the residue 
 would be greatly injured; and therefore prayed the 
 said Court that he might be authorized to sell the 
 whole of the said real estate, as by the same peti¬ 
 tion, on the files of the said Court remaining, more 
 fully appears; and whereas, due notice having 
 ♦hereupon been given to all persons, the said Court 
 
32 
 
 DEEDS. 
 
 by their order, did authorise and empower the'sard 
 R S to sell, and make and execute deeds to convey 
 the whole of the real estate of the said B S before 
 described, after publishing notifications of the time 
 and place of sale, three weeks successively in the 
 — gazette, and posting up like notifications thirty 
 days before the sale, and taking the oath, and giving 
 the bond to the Judge of Probate, which the law 
 directs ; and whereas, the said R S, having observ¬ 
 ed the requisitions aforesaid, sold the premises at 
 public vendue, on &c. to J O and W W, who bid 
 the most therefor at the said sale : Now know ye, 
 pursuant to the authority aforesaid, and in consid¬ 
 eration of the sum of —, (which was the highest 
 sum bid at said sale for the real estate hereinbefore 
 described) paid by the said J O and W W, the re¬ 
 ceipt whereof is hereby acknowledged, I the said R 
 S have granted, bargained, sold, and conveyed, and 
 do hereby grant, &c. to the said J O and W W, 
 their heirs and assigns, all the before described real 
 estate, with the appurtenances, Sic. To have and 
 to hold the same to the said J O and W W, their 
 heirs and assigns, to their sole use and behoof forever. 
 
 And I, the said R S, for myself, my heirs, execu¬ 
 tors and administrators, do hereby covenant with 
 the said J O and W W, their heirs and assigns, 
 that I have full power and lawful authority to con¬ 
 vey the same as aforesaid ; that in conducting and 
 managing the said sale, I have in all things com¬ 
 plied with and observed, all the directions and 
 requisitions of law; and that I w ill, and my heirs, 
 executors and administrators shall, warrant and 
 defend the aforegranted premises to the said J O 
 and W W, their heirs and assigns, against the 
 lawful claims of all persons claiming or to claim,, 
 by, from, or under the said B S, or me the said R 
 S, but against no other persons whatsoever.. 
 
 In witness §*c. 
 
DEEDS. 
 
 33 
 
 A Deed by an Administrator , of land which his in¬ 
 testate had bound himself by deed to convey . 
 
 To all people, to whom &ic. A B, of —, adminis¬ 
 trator of the goods and estate which were of C D, 
 late of —, deceased, sends greeting. 
 
 Whereas, (here recite the agreement of the intes¬ 
 tate to convey , and that the administrator had obtain¬ 
 ed license , fyc.) Now know ye, that by the authority 
 and license aforesaid, and in order to fulfil and per¬ 
 form all things in the abovementioned contract or 
 agreement, on the part of the said A B to be per¬ 
 formed, in consideration of the sum of —, to me 
 paid by the said C D, the receipt he. and in consid¬ 
 eration that the said C D hath performed and ful¬ 
 filled all things in the above recited contract or 
 agreement, on his part to be performed and fulfilled, 
 I, the said A B, have granted, bargained, sold, con¬ 
 veyed, released and confirmed, and do hereby &ic. 
 to the said C D, his heirs and assigns forever, the 
 said he. with the appurtenances; to have and to 
 hold the same to the said C D, his heirs and assigns, 
 to his and their use forever he. 
 
 A Deed given by executors under an authority in a 
 
 will. 
 
 To all persons to whom these presents shall come, 
 we, A B, C D and E F, of —, executors of the last 
 will and testament of G H, late of —, deceased, send 
 greeting. 
 
 Whereas the said G H, to enable his executors to 
 make an equal division of his estate according to 
 his said will, did thereiivand thereby authorize them 
 to make sale of, and convey all his real estate, 
 either at public or private sale, as to them should 
 seem meet, and to make good and sufficient deeds 
 of bargain and sale thereof, to the purchaser and 
 their heirs and assigns, and in and by the said will 
 did appoint us the said A B, C I) and E F execu¬ 
 tors thereof. 
 
34 
 
 DEEDS. 
 
 Now know ye, that by virtue of the power and 
 authority aforesaid, and of every other power us 
 hereunto enabling, and in consideration of the sum 
 of —, to us paid by K L and M N, of —, the re¬ 
 ceipt whereof we do hereby acknowledge, we have 
 granted, bargained, sold and conveyed, and do 
 hereby grant, bargain, sell and convey, to the said 
 K L and M N, their heirs and assigns forever, a cer¬ 
 tain parcel of land, situate &sc. To have and to 
 hold the granted premises to the said K L and M 
 N, their heirs and assigns, as tenants in common, 
 and not as joint tenants. And we the said A B, C 
 D and E F, for ourselves, our heirs, executors and 
 administrators, covenant with the said K L and M 
 N, their heirs and assigns as aforesaid, that the said 
 G H died seized of the granted premises, that they 
 are free from all incumbrances done or suffered by us, 
 or either of us ; that we will, and our heirs, executors 
 and administrators shall, warrant and defend the 
 same to the said K L and M N, their respective 
 heirs and assigns, against the lawful claims and de¬ 
 mands of all persons claiming by, from, or under the 
 said G H, or us or either of us. 
 
 In witness whereof §*c. 
 
 A Deed by guardian of minors. 
 
 Know all men by these presents, that I, A B, of 
 —, gentleman, as I am guardian of C D and E F, 
 minors under the age of twenty-one years, by virtue 
 of the power and authority granted tne in my said 
 capacity, by the Supreme Judicial Court, holden 
 at —, on —, in consideration of the sum of—, to 
 me paid by G H, of —, the receipt whereof I do 
 hereby acknowledge, being the highest sum bid for 
 the &ic. hereinafter described at a public vendue le¬ 
 gally had and notified,do grant, bargain, sell and con¬ 
 vey, unto the said G H, his heirs and assigns, a cer¬ 
 tain messuage &c. situate &;c. bounded &ic. and all the 
 privileges and appurtenances, to the same in any wise 
 
DEEDS. 
 
 8b 
 
 appertaining and belonging : To have and to hold 
 the granted premises, to him the said G H, his heirs 
 and assigns, to his and their use and behoof forever. 
 And 3, the said A B, for myself, executors and ad¬ 
 ministrators, do covenant with the said G H, his 
 heirs and assigns, that the said minors, at the time 
 of executing this deed, are seized in fee of the grant¬ 
 ed premises ; that in making the said sale I have in 
 all things observed the rules and directions of the 
 law, and that I will, and my heirs shall, warrant 
 and defend the granted premises to the said G H, 
 against the lawful claims and demands of the said 
 minors, and their heirs, and all persons claiming the 
 same by, from, or under them, or either of them, 
 
 In witness whereof fyc. 
 
 A Deed of confirmation. 
 
 Know all men by these presents, that I, A B &$c. 
 in consideration he. have granted, ratified and con¬ 
 firmed, and do by these presents grant &:c. unto C 
 D he. all the estate which 1 have in one messuage 
 with the appurtenances in D &c. to have and to hold 
 unto him the said C D, and his heirs forever &c. 
 
 Deed of gift of Land. 
 
 This Indenture, made the — day of —, between 
 A B he. of the one part, and T B he. son of the 
 said A B, of the other part, witnesseth, that the said 
 A B, for and in consideration of the natural love 
 and affection, which he hath unto the said T B, by 
 these presents doth give, grant, alien and confirm, 
 unto the said T B, his heirs and assigns. (Here in¬ 
 sert the premises.) 
 
 To have and to hold the aforesaid premises, with 
 all the privileges and appurtenances thereunto be¬ 
 longing unto the said T B, his heirs and assigns, to 
 his and their only proper use and behoof forever. 
 (Add covenants against incumbrances, disturbance 
 fyc. by the donor , or any claiming under him.) 
 
36 
 
 LEASES. 
 
 Gift of Personal Estate. 
 
 Know all men &c. that I, A E, of he. in consid¬ 
 eration of the love and affection which I have and 
 bear unto my beloved sister C E, and for divers 
 other good considerations me thereunto moving, do 
 hereby give, grant and confirm unto the said C E, all 
 and singular, my goods and chattels, (or , as the 
 case may be.) To have and to hold all and singu¬ 
 lar the aforesaid goods and chattels, (or as above) 
 unto the said C E, her heirs, executors, administra¬ 
 tors and assigns, to her and their only proper use 
 and behoof forever. And I, the said A E, all and 
 singular the said goods and chattels ( or —) to the 
 the said C E, her heirs he. against me, the said A 
 E, my executors, administrators, and all and every 
 other person and persons whatsoever, shall and will 
 warrant and defend forever by these presents. Of 
 all and singular which said goods he. I, the said A 
 E, have put the said C E in full possession, by de¬ 
 livering to her one pewter dish, at the time of the 
 sealing and delivering of these presents, in the name 
 of the whole premises hereby granted. 
 
 In witness fyc. 
 
 N. B. A memorandum of livery and seizen, as 
 on a Bill of Sale, must here be endorsed. 
 
 OF LEASES. 
 
 A Lease is properly a conveyance of lands or ten¬ 
 ements, usually in consideration of rent or other 
 annual recompense made for life, for years, or at 
 will; but always for a less time than the lessor hath 
 in the premises, for if it be for the whole interest, it 
 is more properly an assignment than a lease. 
 
 ' Jacob's Diet. 
 
 Leases for life require livery and seizen. 
 
 Leases of land, tenements, or hereditaments, for 
 a longer term than seven yeais must be acknowledg¬ 
 ed and recorded, in order to be good against any 
 person, except the lessor and his heirs. Maine Laws, 
 
LEASES. 
 
 37 
 
 Lease of Land . 
 
 This indenture, made the — day of —, in the 
 year of our Lord one thousand eight hundred and 
 —, between A B, of &ic. of one part, and C D, of 
 Sic. of the other part, witnesseth, That the said A B, 
 for and in consideration of the yearly rent of— 
 dollars, to be paid him (quarterly , or as the case may 
 he) by the said C D, computing from the time of 
 the sealing and delivery of these presents, doth 
 hereby lease, demise, and let unto the said C D, his 
 executors, administrators and assigns, a certain par¬ 
 cel of land lying in —, and bounded as follows, viz. 
 (Here describe the premises.) 
 
 To have and to hold the aforesaid premises, with 
 all the privileges thereto belonging, to the said C D, 
 his executors, administrators and assigns, for the 
 term of — years, from the — day of —. 
 
 And the said Lessee doth promise to pay the said 
 rent, as aforesaid ;* and to quit and deliver up the 
 premises to the Lessor or his attorney, peaceably 
 and quietly, at the end of the term, in as good or¬ 
 der and condition, reasonable use and wearing there¬ 
 of excepted, as the same are, or may be put into, by 
 the said Lessor and to pay (one half of or as the 
 case may be) all taxes and duties levied thereon, dur¬ 
 ing the term, and for such further time as the Lessee 
 may hold the same, and not make or suffer any 
 waste thereof; and the Lessor may enter to view, 
 and make improvements, and to expel the Lessee if 
 lie shall fail to pay the rent aforesaid, or make or 
 suffer any strip or waste thereof. 
 
 In witness , tyc. 
 
 > 2 Lease of land to a man and his ivife during their 
 
 natural lives. 
 
 Know all men by these presents, That I,A B, of 
 —, in consideration of the yearly rent of —dollars, 
 
 *ff the Lessee is to pay the rent m corn, hay, or any thing except 
 'cish, the articles should be specified in this place. 
 
 4 
 
38 
 
 LEASES. 
 
 to be paid me by D C, of —, or E, wife of the said 
 D C, do hereby demise, lease, and let to the said D 
 C, and the said E, his wife. ( Here describe the prem¬ 
 ises.) To have and to hold the aforesaid premises, 
 with the privileges and appurtenances thereto be¬ 
 longing, to the said D C, and the said E. for and 
 during the term of both and each of their lives. 
 And I do, for myself, my heirs and assigns, cove¬ 
 nant with the said D C, and the said E, that I am 
 lawfully seized in fee of the premises, that they are 
 free of all incumbrances, that I have good right to 
 lease the same, as aforesaid, and that I will warrant 
 and defend the same to the said D C, and the said 
 E, during the said term of both and each of their 
 lives against the lawful claims and demands of all 
 persons. In witness , <^c. 
 
 A Lease for years of a house and lands in the count¬ 
 ry , with exceptions and special covenants, fyc. 
 
 This Indenture, made he. between A A, of the 
 one part, and B B, of the other parts, witnesseth. 
 that for and in consideration of the rents he. (as in 
 the preceding) he the said A A, hath leased and let, 
 and by these presents doth, &c. unto the said B B, 
 his executors, administrators and assigns, all that 
 messuage, tenement or farm house, late in the pos¬ 
 session of E B, with the appurtenances, situate in—, 
 and also all those several closes and parcels of ara¬ 
 ble land, meadow, pasture and wood-land, contain¬ 
 ing— acres, more or less, lying in —, to the said 
 messuage, &c. belonging, and therewith held and 
 occupied as a part thereof. 
 
 Reserving always to the said A A, his heirs and 
 assigns, all timber and timberlike trees, and all oth¬ 
 er trees, but the fruit trees, for their fruit only,which 
 now are, or at any time or times hereafter, shall be 
 standing, growing and being, in, upon and about 
 said premises or any part thereof, with free liberty 
 of ingress, egress and regress to and for the said A 
 
♦ 
 
 LEASES. 39 
 
 A, &lc. at all times during the term hereby leased, to 
 fell, stock up, hew and carry away, in and through 
 the said premises, or any part thereof, (doing no 
 wilful hurt or damage to the grain and grass of the 
 said B B, his executors fyc.) and also the like free 
 liberty to enter into and upon the said premises, and 
 every part thereof, to view the condition of the re¬ 
 pairs thereof. To have and to hold the said mes¬ 
 suage, tenement, or farm house, closes, parcels of 
 arable land, meadow, pasture and wood land, with 
 their appurtenances (except as before excepted) unto 
 the said B B, his executors &c. from the day of the 
 date hereof, for and during the term of — years next 
 ensuing ; yielding and paying therefor every year, 
 during the said term, unto the said A A, his heirs or 
 assigns, the yearly rent or sum of —, on the first day 
 of—, in every year during the said term. (Here 
 may follow a covenant , to repair , the lessor finding 
 materials , to quit possession at the end of the term , 
 Lessee to pay taxes , not to lop trees—Lessor to allow 
 the cutting of limber for making and, repairing farm¬ 
 ing utensils, for quiet enjoyment fyc.) In witness, fyc. 
 
 Lease of a House . 
 
 This Indenture, made and agreed on, this — day 
 of —, between A B, of Sic. of the one part, and C 
 D, of Sic. of the other part, witnesseth , that for and 
 in consideration of the rents, covenants, provisos 
 and agreements hereinafter reserved and contained, 
 and which, on the part and behalf of t lie said C D, 
 his executors, administrators and assigns, are to be 
 paid, done and performed, he, the said A B, hath 
 demised, leased and let, and by these presents doth 
 demise Sic. unto the said C D. his executors, admin¬ 
 istrators and assigns, all that messuage or tenement, 
 situate in S, ( known by the name of —,) now (or 
 lat ly) occupied by E F, together with all the priv¬ 
 ileges and appurtenances thereto belonging. To 
 
40 
 
 LEASES. 
 
 have and to hold the said messuage or tenement, and 
 all and singular the premises hereby demised, to the 
 said C D, his executors, administrators and assigns, 
 from the day of the date hereof, for and during the 
 full term of—years next ensuing,'^yielding and pay¬ 
 ing therefor yearly, on every first day of—, during 
 the said term, unto the said AB,his heirs or assigns, 
 the yearly rent of — dollars. Provided always, 
 that if it shall happen that the said yearly rents here¬ 
 by reserved, or either of them shall be behind and 
 unpaid, by the space of— days next after either of 
 the said days of payment, or if the said C D, his 
 executors or administrators, shall assign over, or 
 otherwise part with this indenture, or the premises 
 hereby leased, or any part thereof, to any person or 
 persons whatever, without the consent of the said 
 A B, his heirs or assigns, first obtained in writing, 
 under his or their hands and seals, then, and in eith¬ 
 er of said cases, it shall be lawful for the said A B, 
 his heirs or assigns, into the said premises, or any 
 part thereof, in the name of the whole, to re-enter, 
 and the same to re-possess and enjoy, as at first,any 
 things herein contained to the contrary notwithstand¬ 
 ing. (In the English forms, and in Oliver’s Convey¬ 
 ancing, we find a great number of Covenants added , 
 viz . to pay rent, to repair, to deliver possession after 
 the term has expired, that the lessor may enter to view , 
 by lessee to pay taxes, by lessor for quiet enjoyment , 
 that lessee may quit , giving notice.) In witness, fyc. 
 
 Signed, fyc. 
 
 Note. If furniture be lei ivith the house, immediately after the descrip¬ 
 tion of the house, proceed thus, viz.: together also with the goods, house¬ 
 hold stuff and furniture, mentioned in the schedule or inventory'hereto. 
 annexed ; To have and tolioldSfC. 
 
 The form of the schedule may be thus : The schedule or inventory, to 
 which the indenture of demise hereto annexed refers : First, in ihe par¬ 
 lour, one (fee. So go on, and specify every article and the part of the 
 house to which it belongs. 
 
 Note. A greater number of forms, under this head, would be super¬ 
 fluous. as any person may, from the examples given, frame one to suit 
 iiis particular case. 
 
 *If the Lessor be seized in fee simple, the reservation should be tohim , 
 “ his heirs and assigns if he have only a chattel interest, to him, “ kis 
 executors, administrators and assigns.” Watk. on Cons. 89. 
 
RELEASE!?. 
 
 41 
 
 OF RELEASES. - 
 
 A Release is a deed or instrument whereby a 
 man gives up or discharges the right or action he 
 hath or claimeth against another, or his lands, &c. 
 and is usually made by the words have remised , re¬ 
 leased and quitclaimed. Jacob's Diet. 
 
 A release of all quarrels amounts to a release of 
 all actions. 
 
 By a release of all covenants , a covenant not bro¬ 
 ken may be released. 
 
 A release of all demands or claims , is the best re¬ 
 lease of all, and the most effectual word to bar ac¬ 
 tions, appeals, rights of entry into lands, titles, con¬ 
 ditions, covenants, rents, commons, debts, duties, 
 colligations, contracts, he. he. Wood's Inst. 
 
 A General Release .* 
 
 Know all men by these presents, That I, A B, of 
 he. have remised, released, and forever quitclaimed, 
 for me, my heirs, executors and administrators, and 
 by these presents do remise he. unto C D, of&c. his 
 heirs, executors and administrators, all actions and 
 causes of action, and all claims or demands what¬ 
 ever, both at law and in equity, or otherwise, which 
 against him, the said C D, I ever had, now have, or 
 which I, my heirs, executors or administrators, can, 
 shall or may have, claim or demand, for or by rea¬ 
 son of any act, matter, cause or thing, from the be¬ 
 ginning of the world, to the day of the date of these 
 presents. In witness fyc. 
 
 Sealed fyc. 
 
 *For release of lands see quitclaim deed. 
 
 A Release of the Equity of Redemption to an Estate 
 
 mortgaged. 
 
 To all people to whom these presents shall come, 
 I, A B, of he. send greeting. Whereas I, the said 
 A B, by a certain mortgage deed, dated the — day 
 
42 
 
 RELEASES. 
 
 of —, for the consideration of —, did grant, bar¬ 
 gain, sell and convey to C D, of &c. [ Here describe 
 the 'premises .] To have and to hold the same unto 
 the said C D, &c. [as in the said deed] upon the 
 condition following, viz. Provided nevertheless, 
 (Here insert the condition.) And whereas I, the said 
 A B, am fully satisfied that the said monies so due 
 to the said C D, are the full value of (or nearly the 
 value, or as much as I can get for) the said mortga¬ 
 ged premises : 
 
 Therefore know ye, That I, the said A B, in con¬ 
 sideration thereof, and also for the further consider¬ 
 ation of the sum of —, to me paid before the deliv¬ 
 ery of these presents, and for the quieting the said 
 C D, in the possession and enjoyment of the said 
 (premises) and for extinguishing alt right of equity 
 of redemption of the same, do, by these presents, for 
 myself, my executors and administrators, remise, re¬ 
 lease, and forever quitclaim unto the said C D, his 
 heirs and assigns* the said proviso or condition in 
 the said mortgage deed recited as above, and all 
 benefit and equity of redemption of the said ( premi¬ 
 ses) by virtue of any law providing for the same, or 
 whereby he might otherwise have the benefit of the 
 same, notwithstanding. 
 
 And I, the said A B, for the considerations afore¬ 
 said, do for myself, my heirs, executors and admi n- 
 istrators, hereby grant, bargain, sell, release, con¬ 
 vey and confirm unto him, the said C D, his heirs 
 and assigns, the said (premises) with all the privile¬ 
 ges and appurtenances thereunto belonging. To 
 have and to hold the same, to the said C D, his heirs 
 and assigns forever. And I do for myself &c. cov¬ 
 enant with the said C D, his heirs and assigns, that 
 he and they shall and may from henceforth quietly 
 and peaceably have, hold, use, occupy and enjoy 
 all (the said premises) with the appurtenances there¬ 
 of, without any let, hindrance, molestation or inter¬ 
 ruption from me, the said A B, my heirs or assigns, 
 
RELEASES. 
 
 43 
 
 and of all and every other person or persons whatso¬ 
 ever, claiming from, by or under me. In witness , fyc. 
 
 A Release of Dower. 
 
 Know all men by these presents, That I, A B, 
 widow and relict of B B, late of &ic. deceased, for 
 
 and in consideration of the sum of -dollars, 
 
 to me, the said A B, by C B, of he. son of the 
 said B B deceased, well and truly paid, the receipt 
 whereof I do hereby acknowledge, have remised, 
 released, and forever quitclaimed, and by these 
 presents do he. unto the said C B, all right and ti¬ 
 tle of dower whatever, which I, the said A B, now 
 have, or of right ought to have or claim of, in or 
 out of all lands, tenements and hereditaments which 
 were belonging to the said B B, my late husband, 
 at any time during the coverture between him and 
 me, the said A B, situate he. or elsewhere: And 
 also all manner of action or actions, writ and writs 
 of dower whatever; so as neither I, the said A B, 
 nor any other person for me, or in my name, or writ 
 of action of dower, or any right or title of dower, 
 of or in the said lands, tenements and hereditaments, 
 or any part thereof, at any time hereafter, shall or 
 may have, claim, or prosecute against the said C B, 
 his heirs or assigns. In witness fyc. 
 
 A Release of Errors. 
 
 Know all men by these presents, That I, A B, of 
 $*c. have remised, released, and forever quitclaimed, 
 and by these presents do remise &;c. unto C D, of 
 he. all and all manner of errors and causes of error, 
 misprisons, misentries, defects and wrong pleading 
 and proceedings whatever, made, committed, omit¬ 
 ted or done, in, about, or concerning one judgment 
 for the sum of &c. together with all costs of suit by 
 the said C B obtained against me, in the court of 
 
44 
 
 SURRENDER BY DEED. 
 
 he. at — in — term last past; and also all writs of 
 error or errors whatsoever concerning the same. 
 
 In witness fyc. 
 
 OF SURRENDER BY DEED. 
 
 A surrender, sur sum redditio , or rendering up, is of 
 a nature directly opposite to a release; for as that op¬ 
 erates by the greater estate’s descending upon the less, 
 sl surrender is a falling of the less estate unto a great¬ 
 er. It is defined, a yielding up of an estate for life, 
 or years, to him that hath the immediate reversion 
 or remainder, wherein the particular estate may 
 merge or drown, by mutual agreement between 
 them. It is done by these words, “hath surrender¬ 
 ed, granted , and yielded up” 
 
 The surrenderer must be in possession; and the 
 surrenderee must have a higher estate, in which the 
 estate surrendered may merge; therefore tenant for 
 life cannot surrender to him in remainder for years. 
 
 Blac/cstone’s Comm . 
 
 A Deed of Surrender to a person having the Rever¬ 
 sion in Fee. 
 
 Know all men by these presents, That I, A B, of 
 he. for and in consideration of the sum of &c. to 
 me in hand paid by C D, of &lc. the receipt whereof 
 I do hereby acknowledge, have surrendered, grant¬ 
 ed and yielded up, and by these presents do surren¬ 
 der &c. unto the said C D, his heirs and assigns, 
 All that messuage &ic. (here describe the premises) 
 and the reversion and reversions, remainder and re¬ 
 mainders, rents, issues and profits of all and singu¬ 
 lar the said premises : To have and to hold the said 
 messuage he. and all and singular other the premi¬ 
 ses above granted and surrendered, with the appur¬ 
 tenances, unto the said C D, his heirs and assigns, 
 to their only proper use and behoof forever. 
 
 In witness fyc. 
 
SURRENDER BY DEED, 
 
 45 
 
 A Surrender of a term of years. 
 
 Know all men by these presents, That whereas [ 
 A B, of he. am possessed of and interested in one 
 messuage &lc. the remainder of a certain term of — 
 years, the reversion whereof doth belong to C D, of 
 &c. lYoiv know ye, that I the said A B, for and in 
 consideration of the sum of — to me in hand paid 
 by the said C D, at or before the sealing and deliv¬ 
 ery of these presents, the receipt whereof I do hereby 
 acknowledge, have granted, surrendered and yielded 
 up, and by these presents, do grant he. unto the 
 said C D, his heirs and assigns forever, the said 
 messuage Sic. above mentioned, and all the estate 
 right, title, claim and demand whatsoever of me the 
 said A B, of, in and to the said premises, with the 
 appurtenances, so that neither I the said A B, my 
 executors, administrators or assigns, or any of them, 
 shall or may have, claim or demand the said prem¬ 
 ises, or any part thereof, or any estate, right, title 
 or interest of, in, or to the same ; but shall and will 
 at all times hereafter, of and from all right, title, and 
 interest, of and in the said premises, and every part 
 thereof, be barred and forever excluded by these 
 presents: And I the said A B, for myself, my heirs, 
 executors and administrators, do hereby covenant, 
 grant, promise and agree to and with the said C D, 
 his heirs and assigns, that he the said C D, his heirs 
 and assigns, shall and may at all times hereafter, 
 peaceably and quietly enter into, have, hold, use, oc- 
 cupy, possess and enjoy all and singular the said 
 premises, and every part thereof, with the appurte¬ 
 nances, without the lawful let, suit, trouble, hin¬ 
 drance, molestation, interruption or disturbance of 
 me the said A B, my executors, administrators or 
 assigns, or of any other person or persons claiming 
 under me, them or any of them, 
 
 In witness , fyc, v 
 
46 
 
 DECLARATIONS. 
 
 DECLARATIONS. 
 
 Declaration of writings being deposited in the hands oj 
 a person , in trust , to be produced on demand .* 
 
 I do hereby declare and acknowledge, that the 
 several writings mentioned hereunder, are left and 
 deposited in my hands, by and in trust for A B, of 
 &c. and C D, of &ic. to be kept as I keep my own 
 goods and writings, and to be produced for the use 
 of either of the said parties, on demand, as their 
 respective occasions shall require. Witness iny 
 hand, the — day of — A. D. 
 
 * Writings are sometimes deposited, in trust, to be produced on 
 demand of both parties, or of one of the parties, with notice to the other. 
 In all cases, however, that may occur, the form of the Declaration may 
 be easily varied to suit the same. 
 
 Declaration that Bank Stock was transferred in trust, 
 and covenant to transfer back , upon request . 
 
 I, A B, of &ic. do hereby acknowledge and declare 
 that I purchased for C D, of &ic -— stock in the 
 Bank of —, and the same was transferred to me, 
 and remains in my name, but does belong to, and is 
 in trust for the proper use of the said C D, and that 
 the moneys paid for the same were his proper mon¬ 
 eys: and thereof I, the said A B, do hereby for 
 myself and executors and administrators, covenant 
 and agree, to and with the said C D, his executors, 
 administrators and assigns, that, I, my executors, 
 and administrators, will at any time hereafter, at the 
 request and charge of the said C D, his executors 
 and assigns, transfer the said — stock in the Bank 
 of—, unto him or them, or to such other person or 
 persons as he, or they shall appoint, free from all 
 incumbrances by me the said A B, my executors or 
 administrators, done or to be done or committed. 
 
 In ivitness whereof fyc. 
 
POWER OF ATTORNEY. 
 
 4 1 
 
 Of Letters and Warrants of Attorney. 
 
 A letter (or as it is most commomly called a pow¬ 
 er) of Attorney, is a writing, authorizing another 
 person, who, in such a case, is called the attorney of 
 the party appointing him, to do any lawful act in¬ 
 stead of another ; as to give seizin of lands; receive 
 debts, or sue a third person &lc. and is either general 
 or special. The nature of this instrument is to give 
 the attorney the full power and authority of the 
 maker, to accomplish the act intended to be perform¬ 
 ed ; and sometimes these writings are revocable, 
 and sometimes not so : but when they are revocable, 
 it is usually a bare authority only ; they are irrevo¬ 
 cable when debts &c. are assigned to another, in 
 which case the word, irrevocably , is inserted ; and 
 the intention of them then is to enable the assignee 
 to receive the debt&c. to his own use. 
 
 A warrant of Attorney is an authority and power 
 given by a client to his attorney to appear and plead 
 for him Sic. 
 
 N. B. If a letter of attorney is to go into a differ¬ 
 ent jurisdiction, it must be acknowledged before a 
 magistrate, as in the general form following ; if into 
 a foreign country, or dominion, then it must be ac¬ 
 knowledged before a Notary Public; otherwise a 
 certificate of the Governor of the State or Province, 
 or of a Notary Public must be added, showing that 
 the Justice, before whom the acknowledgment was 
 taken, is regularly commissioned. 
 
 A general letter (or Power) of Attorney. 
 
 Know all men by these presents, That I, A B, of 
 Sic. have constituted and made, and in my stead and 
 place put, and by these presents do constitute and 
 make and in my stead and place put C D, of &ic. 
 to be my lawful Attorney for me, and in name and 
 stead, and to my use,, to ask, demand, sue for, recov- 
 
48 
 
 POWER OF ATTORNEY. 
 
 er and receive of and from E F, of Sic. ail such sum 
 or sums of money, debts and demands whatever, as 
 are now due and owing unto me, the said A B, by 
 and from the said E F. 
 
 Giving and hereby granting unto my said Attor¬ 
 ney, full power and authority, in and about the 
 premises ; and to take and use all due means, course 
 and process in the law' for accomplising the same, 
 and in my name to make, seal and execute due ac¬ 
 quittances and discharges therefor : And for the 
 purposes aforesaid to appear, and me, his said con¬ 
 stituent personally, to represent before any governor, 
 judges, justices, officers, and ministers of the law 
 whatsoever, in any court or courts whatsoever: 
 With full power to make and substitute one or more 
 attornies under him, my said Attorney, and the same 
 again at pleasure to revoke. And generally to do, 
 transact, accomplish and finish all matters and 
 things whatsoever, relating to the premises, as fully 
 and effectually, as I, his said constituent should, 
 ought or might personally, although the matter 
 should require more special authority than is herein 
 comprised. 
 
 I hereby ratifying and holding firm and valid 
 whatsoever my said Attorney or his substitutes shall 
 lawfully do or cau*e to be done in and about the 
 premises, by virtue of these presents. In testimony 
 whereof I have hereunto set my hand and seal the 
 — day of —, in the year of our Lord one thousand 
 eight hundred and —. 
 
 Signed , <^*c. 
 
 C—, ss. (Date) IS . Then the above named 
 A B personally acknowledged the above instrument, 
 by him signed and sealed, to be his deed. 
 
 Before me, J P, Justice of the Peace. 
 
LOWERS OF ATTORNEY. 
 
 49 
 
 A general Warrant of Attorney. 
 
 To all to whom these presents shall come : Know 
 ye, That I, A B, of Sec. in the county of Sec. do 
 hereby constitute and appoint C D, of he. in the 
 county of he. my attorney, in all cases, real, per¬ 
 sonal and mixed, moved or to be moved for me or 
 against me, in any court of law, in my name to ap¬ 
 pear, plead and pursue unto final judgment and ex¬ 
 ecution, with power of substitution. 
 
 In witness whereof, I hereto set my hand and 
 seal, this-day of-A. D. 18 
 
 A Letter of Attorney to receive Rent. 
 
 Know ail men by these presents, That I, A B, of 
 fye. have made, constituted and appointed, and by 
 these presents do make, constitute and appoint C D, 
 of Sec. my true and lawful attorney, for me and in 
 my name, and for my own proper use and behoof, 
 to ask, demand and receive of and from E F, he. all 
 such rents and arrearages of rent, as now are, or 
 hereafter shall grow due from the said E F, out of 
 and from all that my messuage or tenement, with 
 the appurtenances, situate he. and upon receipt 
 thereof, to give proper acquittances and sufficient 
 discharges thereof: And in default of payment there¬ 
 of, or any part thereof to my said attorney, I do 
 hereby authorize and empower him my said attor¬ 
 ney, for me, and in my name, to commence and 
 prosecute, according to law, any action or actions 
 for the speedy recovering and obtaining my said 
 rent and arrears of rent; as by him my sffid /attor¬ 
 ney shall be thought fit: Hereby ratifying See. 
 
 In. witness, fyc. 
 
 * i 
 
 A Letter of Attorney to let or sell Lands. 
 
 Know all men by these presents, That vvhereas I, 
 A B, of Sec. am seized in fee, of and in all tln&tSec. 
 situate Sec. now or late in the possession or occupa¬ 
 tion of Sec. JVow know ye, that I, the said A B, have 
 5 
 
50 
 
 POWERS OF ATTORNEY. 
 
 made, constituted and appointed, and by these pres¬ 
 ents do make, constitute and appoint C D, of &c. my 
 true and lawful attorney, for me, and in my name, 
 to lease, let, sell or demise the said he. to such per¬ 
 son or persons, and for such a term or number of 
 years, and at and under such yearly and other rents 
 as he shall think fit; or otherwise to sell and dispose 
 thereof, either for life or lives, or to sell, grant, and 
 convey the same absolutely in fee simple, for such 
 price or sum of money, and to such person or per¬ 
 sons as he shall think fit and convenient: And also 
 forme, and in my name, to seal, execute and deliv¬ 
 er such deeds and conveyances for the absolute sale 
 
 */ 
 
 and disposal thereof, or of any part thereof, with 
 such covenants and agreements to be therein con¬ 
 tained, as my said attorney shall thiiik^fit and expe¬ 
 dient : Hereby ratifying, confirming and allowing all 
 such other leases, deeds or conveyances, as shall at 
 any time hereafter be sealed and executed by my 
 said attorney, touching or concerning the premises. 
 
 In witness , fyc. 
 
 *In irrevocable Letter of Attorney to receive money 
 
 due on Bond. 
 
 Know r all men by these presents, That I, A B, of 
 Sic. have made, constituted and appointed, and by 
 these presents do make, constitute and appoint C D, 
 of Sic. my true and lawful attorney irrevocable, for 
 me, and in my name, but to the sole use of him, the 
 said C D, to ask, demand and receive of and from 
 E F, of &c. and G H, of Sic. the sum of he. due 
 unto me, in and by one bond or obligation, bearing 
 date &c. giving, and by these presents granting to 
 my said attorney, full power and authority, in my 
 name, place and stead, to do all and every act and 
 acts, in the law whatsoever, for the recovery of the 
 said debt, as fully to all intents and purposes, as I 
 myself might or could do : And upon receipt there¬ 
 of, acquittances or other discharges, for me, and in 
 
POWERS OF ATTORNEY. 
 
 51 
 
 nay name, to make, seal and execute : Hereby rati¬ 
 fying, confirming and allowing whatsoever my said 
 attorney shall lawfully do, or cause to be done, in 
 or about the premises. In witness , fyc. 
 
 From a Sailor to his Wife , to receive his wages and 
 
 all other debts. 
 
 I, D C, of do hereby appoint my lawful wife 
 M C, my true and lawful attorney, for me and in 
 my name, and for my use, to ask, demand and re¬ 
 ceive of and from all and every person and persons 
 whatsoever, as w^ell all such sum and sums of mo¬ 
 ney, as now are, or shall at any time hereafter be¬ 
 come due and owing to me for wages from any ship 
 or ships to which I now do or may belong ; as also 
 all other monies now due, or to become due and 
 owing to me by any other ways or means whatso¬ 
 ever, and upon non-payment, to do all and every 
 act and acts in the law whatsoever, for the recovery 
 of said debts, or any of them, as fully to intents and 
 purposes, as I, myselfmight or could do, and upon 
 receipt &c. (as in the preceding.) 
 
 A Revocation of a Letter of Attorney. 
 
 Know all men by these presents, That whereas f, 
 A B, of &ic. in and by my letter of attorney, bearing 
 date, he. did make, constitute and appoint (J D, of 
 he. my attorney, for recovery of all debts and sums 
 of money, whatsoever, due to me the said A B, from 
 E F, of &c. as bv the said letter of attorney may 
 appear : JYow know ye , That I, the said A B, for 
 that the said C D, hath abused the authority by me 
 in him reposed, (or thus, for divers good causes and 
 considerations me hereunto moving) have revoked, 
 countermanded, annulled and made void, and by 
 these presents do revoke, he. the said letter of at¬ 
 torney, and all power and authority thereby given 
 or intended to be given to the said C D. 
 
 In witness , fyc. 
 
§2 POWERS OF ATTORNEY. 
 
 Warrant to appear for a Plaintiff and prosecute his 
 
 Suit. 
 
 i, A B, of &c. do hereby desire and authorize C 
 D, of he. to appear at (such a Court) for me and in 
 my behalf, to prosecute a certain action or plea of 
 —, by me commenced against E T, he, and there* 
 as well as at any other Court to which the said cause 
 may he carried, to plead to and pursue the same to 
 final judgment and execution, and for your so doing 
 this shall be to you a sufficient warrant. 
 
 Witness my hand and seal this — day of &£c. 
 
 * What is printed in italics may be inserted or left out, as the case may 
 require. 
 
 Warrant to defend a Suit. 
 
 I, E F, of &;c. do hereby desire and authorize C 
 D, of &c. to appear for me in an action or plea of 
 —, commenced against me by A B, of &lc. at a 
 Court he. to be holden &c. then and there (dnd at 
 any other Court to which the said action may be car¬ 
 ried) to plead thereto, and further to do such things 
 therein as he shall judge necessary for my defence 
 in the said action. Witness., §-c. 
 
 Warrant from the Plaintiff to the sheriff and gaoler, 
 to discharge the defendant. 
 
 To G L, Esq. sheriff of S, and to the keeper of 
 the common gaol within the said county, J L, of—, 
 sends greeting. Whereas, J D, of —, is now in 
 your custody, by virtue of a writ of Capias ad 
 satisfaciendum, issued out of the court of—, at —, 
 at the suit of me the said J L, for certain damages 
 in the said writ mentioned, for which said damages 
 I have received satisfaction : Now therefore, these 
 are to will and authorize you, and each of you, that 
 you immediately discharge and release the said J D, 
 *>f and from the execution aforesaid, and of and fros® 
 
COMPLAINTS. 
 
 all writs and process whatsoever, at my suit, and of 
 and from all or any restraint and imprisonment, by 
 occasion of any execution, writ or process heretofore 
 charged against him by me the said J L, upon your 
 being paid your fees. And for so doing, this shall 
 be your sufficient warrant. Given under my hand 
 and seal the — day of—, in the year of our Lord —. 
 
 OF COMPLAINTS. 
 
 Under this head we shall insert one general form, 
 and a few only of the most common cases, that oc¬ 
 cur in the transactions of life. 
 
 To a Just ice of the Peace. ( General Form.) 
 
 To J P, Esq. one of the Justices assigned to keep 
 the Peace in and for the county of —, A B, of—, 
 in the county, (addition) in behalf of the State of 
 —, on oath complains against C D, of —, in the 
 county (addition) for that he the said C D, at — 
 
 aforesaid, on the -day of —, (here insert the 
 
 subject matter of the complaints) in evil example tofall 
 others in like kind to offend, and against the law, 
 peace and dignity of said State : Wherefore the said 
 A B, prays that the said C D maybe apprehended 
 and held to answer to this complaint, and further 
 dealt with relative to the same, as the law directs. 
 
 C—, ss. Received and sworn to, the — day of—, 
 A. D. 18 . Before me, J P, Justice of the Peace. 
 
 Oath to be administered. You solemnly swear, . 
 that this complaint, by you subscribed, is true. So 
 help you God. 
 
 Or, you solemnly affirm, &c. This you do un¬ 
 der the pains and penalties of perjury. 
 
 C —, ss. To the Sheriff of said county, or his 
 Deputy, and to all or any of the Constables of the 
 town of —, in said county, greeting. In the name 
 of the State of —, you are required forthwith to ap^ 
 
 5 * 
 
54 
 
 COM PLANTS. 
 
 prebend C D, mentioned in the above complaint, 
 and to bring him before me, — Esq. (or some other) 
 Justice of the Peace within and for said county, to 
 answer to the same, and to be further dealt with 
 thereon, as to law and justice shall appertain. You 
 are also required to summon E F, G H, &ic. and the 
 complainant, to appear and give evidence touching 
 the matter contained in the above complaint, when 
 (and where) you shall have the said C D. 
 
 Given under my hand and seal, at— aforesaid, 
 the — day of —, in the year of our Lord one thou¬ 
 sand eight hundred and 
 
 J P, Justice of the Peace . 
 
 Officers Return —[General Form.] 
 
 C—, ss. Pursuant to the above warrant, I have 
 apprehended C D, therein named, and have him 
 before JP, Esq. for the purpose therein mentioned. 
 I have also summoned E F, G H, &ie. to appear and 
 give evidence, as I am therein directed. 
 
 ( Constable , or Deputy Sheriff\ 
 9 \ as the case may be. 
 
 C D, what say you to this complaint : are you 
 guilty ar not guilty, (in manner and form as is 
 therein alledged) ? 
 
 Oath of Witnesses . 
 
 You, and, each of you, solemnly swear (or affirm) 
 that the evidence you shall give o the Court in the 
 cause now in hearing shall be the ruth, the whole 
 truth, and nothing but the truth. So help you God: 
 or this you do fyc.) 
 
 For Assault and Battery. 
 
 (Begin as in preceding) —of he. in the county of 
 Sic. on oath complains against E D, of W, in the 
 county of ^-c. for that he, the said E at W, afore¬ 
 said, on the — day of —, in and upon the said A 
 B, then and there being in the Peace of God, and 
 of said State, with force and arms, an assault did 
 isake. and him, the said A B, did beat and evil in- 
 
RECOGNIZANCES. 
 
 55 
 
 treat ; and then and there other enormous things 
 did, to the great hurt and damage of the said A B, 
 in evil example to all others in like kind to offend, 
 and against the law, peace and dignity of said 
 State : Wherefore &c. (as in the preceding.) 
 
 For goods stolen . 
 
 (Begin as before) A B, of W, in the county of 
 —, on oath informs the said Justice, that on the — 
 day of—, the goods in the schedule hereunto an¬ 
 nexed, of the value of —, the property of the said 
 A B, were feloniously stolen, taken and carried 
 away from the — of him the said A B, at W, afore¬ 
 said, and that he hath probable cause to suspect, and 
 doth suspect, that C D did steal, take and carry 
 away the same goods as aforesaid : Wherefore &ic. 
 (as in the preceding.) 
 
 The Warrant &c. as in the preceding, except the 
 use of word “ Information” instead of “ Com¬ 
 plaint and that usage is governed by the word 
 that follows “ Oath” in the complaint or informa¬ 
 tion. 
 
 RECOGNIZANCES. 
 
 Recognizances of Parties. 
 
 STATE OF M—. 
 
 C—, ss. Be it remembered, That at a Court 
 holden before me, J P, one of the Justices of the 
 Peace, in the county of C—, on the — day of —, 
 A. D. 182 personally appeared ( Here insert the 
 names) and acknowledged themselves to be indebt¬ 
 ed to the State of M—, in the sums following, to 
 
 wit: the 6aid C D, as principal, in the sum of- 
 
 dollars, and the said — his sureties, in the sum of 
 — dollars, to be levied on their goods, chattels,lands 
 and tenements, and in want thereof upon their bo¬ 
 dies, to the use of the State, if default be made in 
 the condition following t 
 
56 
 
 RECOGNIZANCES. 
 
 The condition of this Recognizance is such, That 
 whereas the said C D has been brought before me, 
 one of the Justices of the Peace, within and for the 
 county of C—, by virtue of a warrant duly issued 
 upon the complaint, on oath, of —, charging him the 
 said C D, with having committed —, and the said 
 C D having pleaded not guilty to the said complaint; 
 but having been by me found guilty of the same, 
 and been sentenced to {‘pay — dollars,fine, and costs 
 of Court, or to be imprisoned — days , and pay costs 
 of Court, as may be,) and the said C D having 
 claimed an appeal from said sentence to the next 
 Court of Common Pleas, to be held at —, in and 
 for said county of —, on the — Tuesday of —. 
 
 Now therefore, If the said C D shall appear at 
 the Court aforesaid, and prosecute, his said appeal 
 with effect; and abide the order of said Court, and 
 not depart without license ; then this recognizance 
 shall be void, otherwise remain in full force and 
 virtue. J P, Justice Peace . 
 
 (The first part as in the foregoing.) The con¬ 
 dition of the above recognizance is this, That where¬ 
 as the said —, has been brought before me the sub¬ 
 scriber, one of the Justices of the Peace in and for 
 the county of —, by virtue of a warrant duly issued 
 upon the complaint, on oath of—, charging him the 
 
 said —. with having committed the crime of -, 
 
 and upon examination of the facts relating to said 
 charge, it appearing to me that there is good cause 
 to suspect the said — to be guilty of said offence; 
 and the said offence not being cognizable by me; 
 and he thereupon having been required to recognize 
 with sufficient surety or sureties for his personal ap¬ 
 pearance at the next — Court, to be held within 
 and for the county of —, on the — Tuesday of —. 
 and for his keeping the peace and being of good be¬ 
 haviour until the sitting of said Court. Now there¬ 
 fore, if the said — shall personally appear at the 
 Court aforesaid, and answer to such matters and 
 
MITTIMUS.—BASTARDY COMPLAINT. 57 
 
 tliiugs, as may be objected against him, and more 
 especially to the charge contained in said complaint, 
 and shall abide the order and judgment of said 
 Court, and not depart without license; and shall in 
 the mean time keep the peace, and be of good be¬ 
 haviour; then this recognizance shall be void, oth¬ 
 erwise remain in full force and virtue. 
 
 G B, Justice Peace, 
 
 Mittimus —[General Form.] 
 
 STATE OF M-. 
 
 C— ss. To the Sheriff of our said county of C, 
 or either of his Deputies, or any of the Constables 
 of the town of —, in said county, greeting. Where¬ 
 as C D, hath this day been brought before — Esq. 
 one of the Justices of the Peace within and for our 
 said county of C, by virtue of a warrant issued 
 against him, on the information and complaint of— 
 
 And whereas the said Justice, after due examina¬ 
 tion thereon, has considered that the said C D is 
 guilty of the said offence, and has thereupon senten¬ 
 ced him to pay a fine of —, and costs of prosecution 
 taxed at —, which sentence he hath refused to com¬ 
 ply with and perform. We command you therefore, 
 that you take the said C D, and him forthwith car- 
 ry to our said gaol in —, and deliver — to the 
 keeper thereof, together with this precept: and we 
 do hereby require the said keeper to receive the said 
 C D into his custody, in our said gaol, and him 
 there safely keep, until he shall pay the said fine and 
 costs, together with — cents for this warrant; or be 
 otherwise discharged therefrom by due order of law. 
 
 Witness our said Justice, at — aforesaid, the —* 
 day of —, A. D. 18— 
 
 Bastardy. 
 
 The voluntary examination and accusation of M 
 E, of—, in the county of —. single woman, taken 
 on oath before me, J P, Esq. one of the Justices as- 
 
58 
 
 BASTARDY WARRANT. 
 
 signed to keep the Peace in and for said county, 
 who saith, that she is now with child; and that the 
 said child is likely to be born a bastard, and charge¬ 
 able to the town of —, in the county of —, and ac¬ 
 cuses A B, of—, in the county of —, of being the 
 father of said child, and that he did beget her with 
 child, as aforesaid in —, in the county of—, on or 
 about the — day of —, at (here the house fyc.) 
 
 The said M E therefore prays that he, the said A 
 B, may be apprehended, and held to answer to this 
 accusation, and further dealt with thereon, accord¬ 
 ing to law. M E 
 
 Taken, signed and sworn to, on the— day of —j 
 in the year of our Lord — 
 
 V 
 
 Before me, J P, Justice of the Peace. 
 
 Note. When the examination is after the birth, the form will be va¬ 
 ried thus, That on the — day of —, now last past, at—, in the town of 
 —, in the county aforesaid, she, the said M E was delivered of a (rnale ) 
 bastard child, and that the said bastard child is likely, &c. 
 
 Warrant. 
 
 C — ss. To the Sheriff of our said county, or 
 his Deputy, or to either of the Constables of the 
 town of —, in said county, greeting. Whereas M 
 E, by her voluntary examination hath declared that 
 she is with child, and that said child is likely to be 
 born a bastard,* and chargeable to the town of —, 
 and accuses A B, of —, in the county of —, of be¬ 
 ing the father of said child, and hath prayed process 
 against the said A B : 
 
 Therefore, in the name of the State of Maine, you, 
 the said Sheriffs and Constables, or either of you, 
 are hereby required forthwith to apprehend the said 
 A B, (if in your precinct) «and to bring him before 
 me the subscriber, or some other Justice of the Peace, 
 in and for said county of C—, to find sufficient 
 sureties, as well for his personal appearance at the 
 next Court of Common Pleas, to be held at —, in 
 and for said county, as that he shall abide such or¬ 
 der or orders, as shall then and there be taken,. In 
 
BASTARDY MITTIMUS. 59 
 
 pursuance of a law of said State in such case made 
 and provided. 
 
 Given under my hand and seal, at — aforesaid, 
 the — day of, in the year of our Lord 
 
 J P, Justice of the Peace. 
 
 * (Note.) If the child be born, vary the words of the warrant to cor¬ 
 respond with the complaint; also as follows, “ And hath charged A P>, 
 of—, with having begotten her with child of the said bastard child,” &c. 
 
 Mittimus. 
 
 C—, ss. To the keeper of the gaol in said coun¬ 
 ty, greeting. Whereas M E, of &c. in her voluntary 
 examination on oath, this day taken before me J P, 
 Esq. one of the Justices assigned to keep the Peace 
 in and for said county, hath declared herself to be 
 with child,* and that the said child is likely to be 
 born a bastard, and become chargeable to said town 
 of —, and hath accused A B, of —, in the county 
 —, with having begotten her with child of said bas¬ 
 tard child : And whereas the said AB, now present 
 before me, refuses to enter into a Recognizance, with 
 sufficient sureties, for his personal appearance at the 
 next Court of Common Pleas, to be held at —, in 
 and for said county to answer to said charge, and 
 to abide and perform such order or orders as shall 
 then and there be made, as required by me the said 
 Justice, to wit, himself as principal in the sum of— 
 dollars, with sufficient sureties in a like sum : You 
 the said keeper are hereby required to receive the 
 said A B into your custody in said gaol, and him 
 there safely to keep until he shall give security as 
 aforesaid, or shall otherwise be discharged by due 
 order of law. 
 
 Given under my hand and seal, at — aforesaid, 
 the— day of —, in the year of our Lord one thous¬ 
 and eight hundred and 
 
 J P, Just: Peace. 
 
 * (Note.) If the child be bom, vary as in the complaint and war¬ 
 rants. 
 
60 
 
 PETITIONS. 
 
 PETITIONS. 
 
 To obtain a patent. 
 
 To the Hon. A B, Secretary of State of the 
 United States. 
 
 The Petition of C D, of —, in the countv of— 
 and State of —, respectfully represents: 
 
 That your Petitioner has invented a new and 
 useful improvement in —, not known or used be¬ 
 fore his application, the advantages of which he is 
 desirous of securing to himself and his legal rep- 
 sesentatives; he therefore prays, that letters patent 
 of the United States may be issued, granting unto 
 your petitioner, his heirs, administrators, or assigns, 
 the full and exclusive right of making, constructing, 
 using and vending to others to be used, his said 
 improvement, agreeably to the acts of Congress in 
 such cases made and provided ; your petitioner 
 having paid thirty dollars into the treasury of the 
 United States, and complied with the other provis¬ 
 ions of the said acts. 
 
 To the Governor and Council. 
 
 To the Governor and Council of the State of 
 Maine. 
 
 The Petition of A B, of Ssc. humbly shews, that 
 
 Srp ******** 
 
 To the Legislature. 
 
 To the Senate and House of Representatives of 
 the State of Maine, in Legislature assembled, Jan¬ 
 uary, 18— 
 
 The Petition of A. B, of &c. humbly shews, that 
 
 ******** 
 
 Application to the Supreme Judicial Court , (or 
 Court of Common Pleas.) for a Partition of 
 Lands. 
 
 To the Honorable Justices of the— Court, &c. 
 begun and holden at —, within and for the county 
 of —. 
 
 Note. The usual form of ending petitions is the same. After setting 
 forth the subject matter of the petition, it may proceed thus: Wherefor* 
 your petitioners request 4‘C. and as in duty bound will ever pray. 
 
PETITIONS. 
 
 6 I 
 
 The Petition of A B, of Sic, humbly shews, that 
 he is interested with C D, of See. (or others to 
 him unknown , as the case may he) in (here describe 
 the land to be divided) that your Petitioner is de¬ 
 sirous of holding and enjoying his share in said —, 
 being — part in severalty. He therefore prays 
 your honors that partition thereof may be made, 
 and his said part assigned and set out to him to bold 
 in severalty, pursuant to the statute in such cases 
 made and provided. A. B. 
 
 Note.— If a petition as aforesaid, be sustained the Court, notice 
 will be ordered thereon : after which, if no objections be made, a com¬ 
 mittee will be appointed with a warrant to make the partition prayed 
 for. and to make return of their doings into the Clerks’ Office of the 
 said Court—which return may be as follows : 
 
 Report to be returned. 
 
 Pursuant to an order of the Court of for the 
 County of C, begun and holden at —, within and for 
 said county, on the — Tuesday of —, A. D. IS—, 
 appointing and authorizing us to make partition 
 of — (as described in said order.) 
 
 Or, If written upon the back of the Warrant , say — 
 
 Pursuant to the within order of court, we, the 
 subscribers, having been first sworn, and having 
 given notice to all concerned, have made partition 
 of said — (or of the land therein described) and 
 set off to A. B. for his share of the same as follows, 
 viz. (Here describe the said. A. B’s. share.) 
 
 Given under our hands this— day of — 
 
 E. F. 
 
 G. H. 
 
 I. K. 
 
 Note. — TJiis report being returned into the Clerk’s Office as afore¬ 
 said, must be there recorded, and also in the registry of deeds in the 
 county where the estate lies. 
 
 When a Grantor or Lessor refuses to acknowledge 
 
 a Deed, or Lease. 
 
 To 3 T, Esq. one of the Justices of the Peace 
 within and for tiie county of —, complains A B, 
 6 
 
62 
 
 PETITIONS. 
 
 of &:c* that C D, of &ic. on the — day of—, signed 
 and sealed a deed conveying to him, in fee simple 
 (for term of life — or lease for more than seven years , 
 as the case may be.) [Here the premises may be, gen¬ 
 erally described .] Which deed the said C D hath 
 refused, and still doth refuse, to acknowledge before 
 a Justice of the Peace. He therefore requests that 
 you would issue a summons to the said C D, to ap¬ 
 pear before you, to hear the testimony of th&rfub- 
 scribing witnesses thereunto, and thajt such other 
 proceedings may be had thereon as thjb law in such 
 cases directs. ♦ 
 
 Dated, fyc. A. B. 
 
 Application to the Court of Sessions, of a Person 
 who considers himself injured by the laying out, 
 altering or discontinuing , of any toivn or private 
 way. 
 
 To the honorable Justices of the Coup of Sessions 
 for the county of —, next to be boldenfct—, in said 
 county, on the— Tuesday of—, A. D/18 , A B, 
 
 of—, in said county humbly shews, that the select¬ 
 men of the said town of—, have laid out a town or 
 private way through the land of your petitioner, 
 which has been approved and allowed by the said 
 town at a public meeting of the inhabitants thereof, 
 the courses whereof are as follows, viz. [ Here, insert 
 the courses, from the return of the way, a copy where¬ 
 of shoidd be exhibited to the Court .] Or, [That the 
 said town of —, have altered (or discontinued, as the 
 case may be) a town or private way running from 
 — to —, which being previously laid out by the se¬ 
 lectmen, was approved and allowed by the town at 
 a public meeting of the inhabitants thereof, on —- 
 A. D. 18 , and has ever since been improved as 
 
 such] whereby your petitioner thinks himself great¬ 
 ly injured, and saith that he hath sustained dama¬ 
 ges thereby to the amount of —, all which he is 
 ready to make appear. 
 
PETITIONS. 
 
 63 
 
 He therefore applies for remedy to this honorable 
 Court, and prays that your Honors would inquire 
 into, and determine the matter by a jury thereunto 
 appointed, and thereupon assess damages for him, 
 to be paid by the said town of—, according to a 
 law of the State in such cases made and provided. 
 Dated — A. D. 18 A. 13. 
 
 Fo rm of an Application to the Court of Sessions , to 
 cause a Private Way to be laid out , when the Se¬ 
 lectmen refuse to lay out the same. 
 
 To the honorable Justices of the Court of Ses¬ 
 sions for the county of —, next to be holden at —, 
 in said county on the — Tuesday of— , A. D. 18 , 
 
 A B, an inhabitant of (or a proprietor of land in , as 
 the case maybe) the town of —, in said county, 
 humbly shews, that a private way from —, in said 
 town is much wanted for the use of the inhabitants 
 thereof (or, for the use of — as the case may be) and 
 that although application hath been made to the 
 Selectmen of said town, to lay out the same, they 
 have unreasonably delayed, and still do unreasona¬ 
 bly delay and refuse so to do. He therefore requests 
 that your honors would cause the same to be laid out 
 by a committee of three disinterested freeholders, 
 agreeably to law in such case made and provided. 
 Dated — A. D. 18 A. B. 
 
 Report of a Committee appointed by the C. of S. to 
 
 lay out a Highway. 
 
 We the subscribers, a committee authorized and 
 empowered by the within warrant to lay out a high¬ 
 way within the said town of &c. having performed 
 that service, ask leave to report, that we appointed 
 -, the time and place of our meeting, to com¬ 
 mence our proceedings in the premises ; that of said 
 appointment we notified A B, C D, kc. (being all 
 
64 
 
 PETITIONS. 
 
 Ike persons owning the land passed over by said high¬ 
 way) three days before the said time of our meet¬ 
 ing ; that according to appointment and notice, we 
 met at the time and place aforesaid, and having been 
 sworn to perform the services aforesaid, according 
 to our best skill and judgment; with most conven¬ 
 ience to the public, and the least prejudice or dam¬ 
 age to private property, and also faithfully and im¬ 
 partially to estimate all damages which any person 
 or persons may suffer in his or their property, by 
 the laying out of said highway, we proceeded to lay 
 out the said highway as follows, viz. : (here give 
 an accurate description of the courses , <^c.) And we 
 have under oath aforesaid estimated the damages to 
 be paid to the owners of the land taken for said 
 highway as follows, viz. (here name the several sums 
 awarded to the respective owners.) 
 
 We have also assigned to the owners of the land 
 taken for said highway — months to take off the 
 wood, timber and trees growing and being thereon, 
 after the acceptance of this report. We further re¬ 
 port that the said town of —, appeared by-, 
 
 selectmen, and by—, their agent; and we attended 
 to, and maturely considered, the observations and 
 arguments, which any of them were pleased to 
 make ; and in the best way and manner we could, 
 have ascertained the place and course of the said 
 highway : All wjiich is respectfully submitted. 
 
 In witness, <^c. 
 
 j Form of an application to the Court of Sessions, by 
 a Person aggrieved, when a tovm refuses to ap¬ 
 prove of a Private Waylaid out by the Selectmen . 
 
 To the honorable, the Justices of the Court ol 
 Sessions for the county of —, next to be holden at 
 —, in said county, on the — Tuesday of—, A. D. 
 iS , A B, of—, in said county, humbly shews, 
 that a private way from —, to — in said town is 
 
PETITIONS'. 
 
 65 
 
 much wanted, and that although the Selectmen of 
 said town have laid out such way, and reported tin* 
 same to the town at a public meeting of the inhabi¬ 
 tants thereof, regularly notified and warned ; yet 
 the town has unreasonably delayed and refused to 
 approve and allow the same ; by which refusal 
 and delay, your petitioner considers himself ag¬ 
 grieved. 
 
 He therefore prays that your honors would,agree¬ 
 ably to law in such cases made and provided, accept 
 and approve of the said private way, laid out as 
 aforesaid, and direct the same to be recorded in toe 
 town book ©f—, or order the said way to be laid 
 out by a committee of three disinterested freeholders, 
 to be appointed by your honors for that purpose; 
 as your honors in your wisdom shall see fit. 
 
 Dated- — A.D. 18 A. B. 
 
 Form of an Application to the Court of Sessions, by 
 
 a Person who considers himself aggrieved by the. 
 
 Continuance of a Private Way. 
 
 To the honorable Justices of the Court of Ses¬ 
 sions for the county of —, next to be holden at —, 
 in said county, on the — Tuesday of —, A. D. 18 . 
 A B, of —, in said county, humbly shews, that at 
 a regular meeting of the inhabitants of the said town, 
 on the — day of —, A. D. 18 , they approved 
 
 and allowed of a private way previously laid out by 
 the Selectmen of said town, as follows, viz. (Here 
 insert the courses , fyc.from the return, a copy where¬ 
 of should be exhibited to the Court.) 
 
 That by the continuance of said way, your pe¬ 
 titioner is much aggrieved. He therefore prays that 
 your honors would order and direct a discontinu¬ 
 ance of the same, agreeably to a law of the State, 
 in such cases made and provided. 
 
 Dated — A. D. 18 
 
 6 * 
 
 A, B, 
 
66 
 
 PETITIONS. 
 
 Form of an Application to the C. of S. by a Person 
 who thinks himself over-rated. 
 
 To the honorable Court of Sessions for the coun¬ 
 ty of —, next to be holden at —, in and for the 
 said county, on the — day of—, A. D. 18 , com¬ 
 
 plains A B, of —, in said county of —, that the as¬ 
 sessors of the said town of —, for the — year — 
 (viz. W S, P W and H M,) in their list of assess¬ 
 ment, committed to G W, collector of the said town, 
 have apportioned upon your complainant the sum 
 of — , which (if it be 50, add) he has been obliged to 
 pay to the said collector, at which he considers him¬ 
 self aggrieved, and although he has made applica¬ 
 tion to the said assessors (or the assessors for the 
 time being, as the case may be) they refuse to make 
 him any abatement ; he therefore applies to this 
 honorable Court for relief, and prays that your hon¬ 
 ors, agreeably to a law of this State in such cases 
 provided, would order him a reimbursement out of 
 the treasury of said town, of such sum as your hon¬ 
 ors shall see cause to abate him, with the charges of 
 this process ; and, as in duty bound, will ever pray. 
 
 A B. 
 
 Petition of a person disabled in the land or sea 
 service of the United States for a pension .* 
 
 To the Hon. A B, Secretary of War (or of the 
 JVavy) of the United States : 
 
 The Petition of D C, of —, in the county of —, 
 and State of —, respectfully represents, That &£C. 
 (Here insert the kind, and grade of service , the time 
 and manner of receiving of the wound or injury , the 
 length of service previous fyc. arranged as may be 
 most convenient.) That your petitioner is thereby 
 wholly (or, in a great degree , as the case may be) 
 incapacitated from pursuing, with success, his ac¬ 
 customed calling of &lc. and, being destitute of the 
 means of comfortable support, is under the neces- 
 
PETITIONS, 
 
 67 
 
 sity of asking from the United States a pension al¬ 
 lowance, agreeably to the several statutes, in such 
 cases made and provided : Your petitioner further 
 shews, for reasons why he has not made said appli¬ 
 cation before this time, the following, viz. (Here insert 
 the reasons.) Wherefore he requests that his said 
 petition may be sustained and duly considered by 
 your Honor, to the end that the prayer thereof may 
 be speedily granted. D C. 
 
 * If in the land-service, it must be addressed to the Secretary of War. 
 If in the sea-service to the Secretary of the Navy. 
 
 Note. —A Remonstrance is, in form, very much like a Petition, and 
 usually follows it, when the thing prayed for by the same, is opposed to 
 the views or interests of the persons remonstrating, or thereby shewing 
 cause, why the prayer of the said petition should not be granted. It is 
 defined to be “ a strong representation” of facts relating to a particu- 
 larcase. The word remonstrant, or remonstrants , used in the same 
 sense as petitioner or petitioners, in a petition, although an illegitimate 
 member in the family of the King’s English, seems to have been general¬ 
 ly adopted in this State. Some word is truly wanting in this casej but 
 there is no standard authority for the present usage. 
 
 Application to a Justice of the Peace for a Propri¬ 
 etors' meeting . 
 
 To J P, Esq. one of the Justices of the Peace, 
 within and for the county of —. 
 
 We the subscribers, five (or, a major part) of the 
 proprietors of—, judging a Proprietors’ meeting to 
 be necessary, do hereby request you to issue a war¬ 
 rant for the calling of a meeting of said Proprietors, 
 to be holden at —, on —, at — o’clock in the — 
 noon, to act upon the following articles, viz. 
 
 1. To, &£c. A B. 
 
 2. To, &c. C D. 
 
 E F. 
 
 G H. 
 
 Dated, ^c. I K. 
 
 C—, ss. To A B, one (or Clerk) of the Pro¬ 
 
 prietors of — 
 
 [l. s.] You are hereby required, in the name of the 
 State of —, to notify the Proprietors of —, in man¬ 
 ner as the law directs, to meet at the time and place 
 
' 
 
 I (33 WRITS, &c. 
 
 and for the purposes mentioned in the foregoing ap¬ 
 plication. 
 
 Given under my hand and seal, this — day of—, 
 A. D. 18 . 
 
 J P, Just. P . for the said county of —. 
 
 , Notification. 
 
 In pursuance of the foregoing warrant to me di¬ 
 rected, I do hereby notify the Proprietors of — , to 
 meet at the time and place mentioned in the fore¬ 
 going application, and for the purposes therein 
 expressed. A B. 
 
 Dated, fyc. 
 
 OF WRITS AND OTHER LEGAL PRO¬ 
 CEEDINGS. 
 
 A writ, in general, is a precept, in writing, under 
 seal, issuing out of some Court, to the Sheriff, or 
 other person, and commanding something to be 
 done touching a suit or action. 
 
 A declaration is that part of a writ which shows 
 the cause of complaint against the defendant, 
 wherein the party is supposed to have received 
 some wrong. 
 
 The forms of writs , in this State, are established 
 by law. The declaration must be formed accord¬ 
 ing to the case. 
 
 Writ of Attachment. 
 
 -, ss. To the Sheriff of our said County of 
 
 —, or either of the Deputies, or a constable of any 
 town in said county, or either of them, greeting : 
 
 In the name of the State of Maine, you are here¬ 
 by required to attach the goods or estate of A B, 
 of —, in the county of — [Addition] to the value 
 of [twenty dollars] ; and for want thereof to take the 
 1 body of the said A B, if he may be found in your 
 
ASSUMPSIT. 
 
 69 
 
 precinct, and him safely keep, so that he may be 
 had before me, H S, Esq. one of the Justices of 
 the Peace for the county aforesaid, at my dwelling- 
 house, to wit, at my office, in P, in said county, on 
 [Saturday,] the — day of —, 18 —, at — of the 
 clock in the —noon, then and there to answer unto 
 D C, of — in the county of — [addition] in a plea 
 of [the case,] for that &c. (Here insert the De¬ 
 claration.) 
 
 Yet though often requested, said A B hath never 
 paid said sum, [or any part thereof ] but neglects 
 and refuses so to do. To the damage of the plain¬ 
 tiff, as he says, the sum of twenty dollars, as shall 
 then and there appear, with other due damages. 
 
 Hereof fail not, and make due return of this writ 
 and of your doings therein, to myself, at or before 
 the said time and day of trial. 
 
 Dated at P aforesaid, the — day of — in the 
 year of our Lord one thousand eight hundred and 
 —. H S. 
 
 Summons . 
 
 C—, ss. To C D,-, greeting : 
 
 In the name of the State of Maine, you are 
 commanded to appear before me, H S, Esq. one of 
 the Justices of the Peace for the county aforesaid, 
 at my dwelling-house, to wit, at my office in P, in 
 said county, on [Saturday,] the — day of —, 18 —, 
 at — of the clock in the —noon ; to answer unto 
 A B, of —, in the County of — [addition] in a plea 
 of Tthe case] as is more fully set forth in the writ: 
 Which plea the said plaintiff hath commenced to be 
 heard and tried before me; and your goods or es¬ 
 tate are attached to the value of twenty dollars, for 
 security to satisfy the judgment which the plaintiff 
 may recover upon the aforesaid trial. 
 
 Fail not of appearance at your peril. Dated at 
 
70 
 
 ASSUMPSIT. 
 
 P aforesaid, the— day of —, in the year of our 
 Lord one thousand eight hundred and —. H S. 
 
 Note. —All Writs must be endorsed by the plaintiff or his attorney, 
 or by some responsible person residing within the State. 
 
 Writs issuing from a Jus. Peace, must be served at least seven days 
 before the return day of the same, by a Sheriff, Dep. Sheriff or Consta¬ 
 ble of the town in which the defendant lives, (or is at the time of ser¬ 
 vice,) and has property. 
 
 ASSUMPSIT. 
 
 Assumpsit is a most extensively remedial action, 
 and applies to all cases, where any simple and un¬ 
 sealed contract, either express by the parties, or im¬ 
 plied by law, is unperformed and broken. 
 
 This action is usually divided into two kinds, 
 which are not always distinctly defined ; and in 
 many cases flow into each other. First, General 
 Assumpsit, comprehending Indebitatus Assumpsit, 
 Quantum Meruit , and Quantum Valebout . 
 
 BEGINNINGS OF DECLARATIONS. 
 
 No. 1 . Form of suing by “ next friend .” 
 
 Attach, he. -—■, to answer unto B, an infant, un- 
 oer the age of twenty-one years, who sues this 
 action by C, his [father and] next friend, in a plea 
 of, &c. 
 
 No. 2. By Guardian. 
 
 —, an infant under, he. who sues this action by 
 C, his guardian, duly appointed, in a plea, &ic. 
 
 No. 3. By Executor. 
 
 To answer unto B, of —, executor of the last 
 will and testament of —, deceased, in a plea, he. 
 
 No. 4. By Administrator. 
 
 To answer to B, administrator of the goods and 
 estate, which were of C, late of —, intestate at the 
 time of his decease, in a plea, he . 
 
ASSUMPSIT. 
 
 71 
 
 DECLARATIONS. 
 
 General Assumpsit. Indebitatus Assumpsit. 
 
 No. 1. On Account Annexed. 
 
 Io a plea, of the case, for that the said A, at —, 
 on being indebted to the plaintiff in the sum of —, 
 according to the account annexed, [ and to balance 
 of the same account ] in consideration thereof, then 
 and there promised the plaintiff to pay him the same 
 sum on demand. 
 
 No. 2. For money had and received. 
 
 — being indebted to the plf. in the sum of—, for 
 so much money, before that time had and received 
 by the said A, to the plf’s use, in consideration, he. 
 (as above.) 
 
 No. 3. Money lent and accommodated. 
 
 — being indebted to the plf. in the sum of —, for 
 so much money before that time lent and accommo¬ 
 dated, by the plf. to the said A, at his request* in 
 consideration, he. 
 
 No. 4. Money laid out and, expended. 
 
 (Also,for that the said A , fyc.) being indebted to 
 the plf. in the sum of —, for so much money, before 
 that time, laid out and expended, by the plf. for the 
 use of the said A, at his request, in consideration, 
 he. 
 
 No. 5. For Meat , Drink , Sfc. 
 
 — being indebted to the plf. in the sum of — 
 for meat, drink, washing, lodging and other neces¬ 
 saries, by the plf. for the said A, at his special re¬ 
 quest, before that time found and provided [ accord¬ 
 ing to the account annexed] in consideration, he. 
 
 No. G. For Labor done and Materials found. 
 
 — being indebted to the plf. in the sum of —, 
 for certain labor done and performed by the plf. be¬ 
 fore that time, for the said A,at his special request,and 
 
72 
 
 ASSUMPSIT. 
 
 for divers materials, found and provided, by the plf. 
 in and about such work, at the like request of the 
 said A, [according to the annexed account ] in con¬ 
 sideration, &c. 
 
 No. 7. J\gainst Infant, for Necessaries. 
 
 — being indebted to the plf in the sum of —, 
 for necessaries, with which the plf. supplied him, 
 during his infancy, in consideration, Stc. 
 
 Quantum, Meruit. 
 
 No. 1. For Labor done. 
 
 In a plea of the case, for that the said A, at —, 
 on —, in consideration that the plaintiff, at the 
 special request of the said A, before that time, had 
 done and performed certain work and labor [ ac¬ 
 cording to the account annexed] for the benefit of 
 the said A, promised the plaintiff to pay him, on 
 demand, so much money as he reasonably deserved 
 to have therefor: and the plaintiff avers that he 
 reasonably deserved to have therefor, the sum of —, 
 of which the said A, then and there, had notice. 
 
 No. 2. For Rent. 
 
 — For that the said A, on —, at —, in consider¬ 
 ation that the plaintiff, at the special request of said 
 A, had permitted him quietly to hold and occupy a 
 certain house, &c. from — to —, w hich said A held 
 and occupied accordingly, promised the plaintiff to 
 pay him on demand, so much money as he reasona¬ 
 bly deserved to have therefor: and the plaintiff 
 avers, &c. 
 
 No. 2. By a Physician. 
 
 — For that the plaintiff, at —, on —, travelled 
 — miles, as a physician, and visited and attended the 
 said A, accordingly, on the same day, at —, and 
 had examined into his illness, of a —, so called, 
 and had given him advice, relative to his said dis- 
 
ASSUMPSIT. 
 
 75 
 
 order, prescribed to said A a proper regimen, in 
 meats, drinks and exercise, and had given him a 
 written direction for the procurement, and adminis¬ 
 tration of proper medicine, for his recovery and 
 restoration to health, and all in the plPs business 
 as a physician, at his the said A’s special instance 
 and request, in consideration thereof, he. 
 
 No. 4. For Pasturing Cattle. 
 
 In a plea of the case, for that the said A, on —, 
 at —, in consideration that the Plf. at the special 
 request of the said A, had before that time, for the 
 space of—, grazed for him three cows, in a certain 
 close belonging to the Plf. called —promised the 
 Plf. to pay him. on demand, so much money as he 
 reasonably deserved to have therefor, which the Plf. 
 avers to be the sum of —, he. 
 
 No. 5. For Labor done by Plaintiff and his Servants. 
 
 For that the said D. [Dft.] on —, at —, in consid¬ 
 eration that the plf. at the special request of the said 
 D., had, before that time, by himself and. his servants 
 [and with his horses, carts and carriages]* done, 
 performed and bestowed [other] his work, labor, 
 care and diligence in and about [other] the business 
 of the said D., then and there promised, he. 
 
 Note. The words, other , like , &c. included in brackets in No. 5, and 
 the following, are ig be omitted, except where they are used as second 
 counts. 
 
 No. 6. For the Hire of Horses , fyc. 
 
 For that the said I). [Dft.] on —~, at —, in con¬ 
 sideration that the Plf., at his [like] special request, 
 had, before that time, let to hire, to the said D., 
 divers [other] horses of the said Plf, and that tjie 
 said D., according to said letting to hire, had and 
 used the same, promised, &c. 
 
 4 
 
 7 
 
74 
 
 ASSUMPSIT. 
 
 No. 7. For drawing Plans , fyc. 
 
 For that the said D. [Oft.] at —, on —, in con¬ 
 sideration that the Plf., before that time, at the 
 special request of the said D., had done, performed 
 and bestowed certain labor, work, care and dili¬ 
 gence, in and about the drawing of divers plans 
 and elevations of dwelling houses of the said D., 
 and in and about surveying and superintending the 
 erection of a certain dwelling house of the said D, 
 and during its erection, and on the retainer of the 
 said D, had employed his,the said Plf’s. care and at¬ 
 tendance about the same, for the said D, and at his 
 like request, promised, &c. 
 
 Quantum Falebant. 
 
 In a plea of the case, for that the said A ? at —, 
 on the — day of —, in consideration of sundry 
 goods and merchandises (as in the account annexed) 
 at the special instance and request of the said A, 
 there, before that time, sold and delivered to him, then 
 and there promised the said C, to pay him therefor, 
 on demand, so much money as the same were reas¬ 
 onably worth ; and the said C avers that the same 
 goods, &c. were, at the time and place of delivery, 
 reasonably worth the sum of —, of which the said 
 A then and there had notice. 
 
 Assumpsit , Quantum Meruit and Quantum Fale - 
 
 bant joined. 
 
 In a plea of the case, for that the said A, at said 
 —, on the day of the purchase of this writ, being 
 indebted to the plf. in the sum of — dollars and — 
 cents, according to the account annexed ; then and 
 there in consideration thereof, promised the plf. to 
 pay him the same sum on demand. And also, for that 
 the said A, at said —, on the day of the purchase 
 of this writ, being indebted to the plf. in one other 
 different sum of— dollars and — cents, for so much 
 money, at the special instance and request of the 
 said A, before that time to him lent and accommo- 
 
ASSUMPSIT. 
 
 76 
 
 ated, and had and received to the use of the plf. 
 and by the plf. laid out and expended to and for the 
 use of the said A, then and there in consideration 
 thereof, promised the plf. to pay him the same sum 
 on demand. And also, for that the said A, at said 
 —, on the day of the purchase of this writ, in con¬ 
 sideration that the plf. at the special instance and 
 request of the said A, had before that time done 
 and performed certain work and labor, according to 
 the account annexed, for the said A, then and there 
 promised the plf. to pay him therefor, as much mon¬ 
 ey as he reasonably deserved to have on demand : 
 And the plaintiff avers that he reasonably deserved 
 to have therefor, the further sum of — dollars and 
 — cents ; of all which, the said A had due notice. 
 And also, for that the said A, at said —, on the day of 
 the purchase of this writ, in consideration that the 
 plf. at the special instance and request of the said A 
 had sold and delivered to the said A, certain goods, 
 wares and merchandizes, according to the account 
 annexed, then and there promised the plaintiff to 
 pay him therefor, as much money as the same, when 
 so sold and delivered as aforesaid, were reasonably 
 worth, on demand; and the plaintiff avers that the 
 same were then and there reasonably worth one 
 other different sum of — dollars and — cents : of 
 all which the said A had due notice. 
 
 Tnsimul Computassent . 
 
 TW Counts. 
 
 1. Indeb. Ass. 
 
 2. Ins. Comp.—In a plea of the case, for that 
 the said A and B, at —, on —, accounted together, 
 of and concerning their mutual dealings, and of and 
 concerning divers sums of money, due before that 
 time, from the said A to the said B, and thereupon 
 the said A was found indebted, and in arrears to 
 the said B, in the sum of —, in consideration 
 whereof the said A then and there promised, &,c. 
 
 Note. Iii insim. Comp, the time and place should be laid, where the 
 account was settled, or it will be error . Ld. Raym. 533. 
 
76 
 
 ASSUMPSIT. 
 
 SPECIAL ASSUMPSIT. 
 
 Promissory Notes. 
 
 No. 1. Payee vs. Maker. 
 
 In a plea of the case, for that the said A, at —, 
 on the — day of —, in the year of our Lord one 
 thousand eight hundred and—, by his note of hand, 
 of that date, by him signed, for value received, 
 promised the Plf. to pay him or his order, the sum 
 of— dollars and — cents, on demand (or as the 
 case may he) with interest. 
 
 No. 2. Partners vs. Maher. 
 
 — to answer unto C, of —, and E, of —, part¬ 
 ners, jointly negotiating in trade, under the firm of 
 C and company 7 , in a plea of the case, for that the 
 said A, at —, on —, by his note, under his hand, of 
 that date, for value received, promised the said C, 
 by the name of their firm of D and company, to 
 pay them, or their order, the sum of —, on demand, 
 with interest. 
 
 No. 3. Payee vs. Partners , subscribing partner 
 
 unknown. 
 
 Attach the goods and estate of A and E, &c. and 
 partners in trade, doing business under the firm of 
 B and company, in a plea of the case, for that the 
 said A and E, on —, at —, by their note, signed 
 with their style of partnership of that date, for value 
 received, promised the said C &c. 
 
 No. 4. Where Note is subscribed by one. 
 
 — for that«on —, and afterwards, the said A and 
 E were partners, jointly negotiating in trade, under 
 the firm ofB and company, and being so partners, 
 the said A, on —, at —, made a certain note under 
 his hand, of that date, and thereby, for himself and 
 the said E, (or himself and company,) for value re¬ 
 ceived, promised the said C, to pay him or his or¬ 
 der, on demand, the sum of—, with interest until 
 paid. 
 
ASSUMPSIT. 
 
 77 
 
 No. 5. Indorsee v. Maker. 
 
 In a plea of the case, for that the said A, at —, 
 on —, by his note under his hand of that date for 
 value received promised one C, to pay him, or or¬ 
 der, the sum of—, on demand, with interest until 
 paid; and the said C, afterwards, on —, at —, by 
 his indorsement of the same note, in writing under 
 his hand, ordered the contents thereof, then and yet 
 due and unpaid, to be paid to the plf. or his order, 
 according to the tenor of said note, of which the 
 said A then and there had notice, and thereby be¬ 
 came liable, and in consideration thereof then and 
 there promised the plf. to pay him the contents of 
 the same note, according to the tenor thereof; yet &c. 
 
 No. 6. Indorsee v. Indorsor. 
 
 In a plea of the case, for that one G, at —, on 
 —, by his note under his hand, of that date, for 
 value received, promised the said A, (Dft.) to pay 
 him or his order, the sum of —, at or before —, 
 then next ensuing, but long since past, with interest 
 therefor until paid ; and the said A, there afterwards, 
 oti the same day, by his indorsement of the same 
 note in writing, ordered the contents thereof, then 
 unpaid, to be paid to the plf. according to the tenor 
 thereof, and the plf. there, afterwards, on —, made 
 diligent search after the said G, to demand payment 
 of him, but could not find him, [or, if the case be 
 so, “ at —, on — , presented the said note, the same 
 being then payable, to the said G for payment, 
 which the said G then and there refused to do”] 
 whereof the said A then and there had notice, and 
 thereby became liable, and in consideration, &ic. 
 
 No. 7. On a Due Bill . 
 
 In a plea of the case, for that the said A, at —, 
 on the — day of —, by his note or memorandum 
 in writing, under his hand, of that, for value re¬ 
 ceived, (or as the case may be) acknowledged him- 
 
 7% 
 
78 
 
 ASSUMPSIT. 
 
 self to be indebted to the said C, in the sum of—, 
 on demand (with interest.) 
 
 ORDERS. 
 
 No. I. Payeev. Acceptor , an order accepted. 
 
 For that one E, at —, on the — day of —, drew 
 his order, in writing, under his hand, of that date, 
 directed to the said A, therein and thereby request¬ 
 ing the said A to pay the said C, or his order, the 
 sum of —, on demand, (for value received of the 
 said C by the said E) and to charge the same to 
 the account of the said E; and the said C after¬ 
 wards, on the same day, presented the said order to 
 the said A, for his acceptance, who then and there 
 accepted the same, whereby he became liable, and 
 in consideration, &c. 
 
 No. 2. Payee vs. Drawer , order not accepted . 
 
 — For that the said A, at —, on the — day of 
 —, [for value received of the said C] drew his or¬ 
 der in writing, under his hand of that date, directed 
 to one E, therein and thereby requesting the said 
 F to pay the said C, or his order, the sum of —, on 
 demand, and charge the same to the account of the 
 said A, and the said C, on —, at —, presented the 
 said order to the said E, for his acceptance and 
 payment, which the said E, then and there, refused 
 to do, of which the said A had due notice, whereby 
 he became liable, &c. 
 
 No. 3. Special Order on Note payable at the — 
 
 Bank. 
 
 For that the L and T, at —, on —, by the name 
 and firm of L and T, for value received of the plf. 
 drew their order in writing, on J K, cashier of the 
 — Bank, and thereby directed him to present their 
 note made to the plf. for the sum of —, signed by 
 the said L and T, to the directors of said Bank, and 
 thereby ordered and requested them to pay the plf. 
 
ASSUMPSIT. 
 
 79 
 
 that sura ; and the plf. avers that said order was 
 presented by said cashier to said directors, who 
 refused to pay said sum or accept said order, 
 whereof the said L and T there on —, had notice, 
 whereby the said L and T became to pay the same 
 sum to the plf. on demand, and being so liable, he. 
 
 No. 4. For not returning a Mare and tackle hired. 
 
 — For that on —, at —, the said C hired and 
 received of the plf. the plf’s. bay mare, saddle and 
 bridle, of the value of — dollars, for a journey from 
 — to —, and back again to —, and then and there 
 promised the plf. to return the sa ne mare, saddle & 
 bridle, to him, at his the said C’s return, the same 
 day in good order; yet the said C, not regarding 
 his promise aforesaid, did not return the said mare, 
 &lc. according to his said promise, nor hath he to 
 this day ctone it, though requested ; but denies it, he. 
 
 No. 5. For not delivering Goods bought . 
 
 — For that on —, at —, the said C sold to the 
 plf. a brush for — dollars, then and there in hand 
 by him paid to the said C, and for— dollars, to be 
 paid to him upon the delivery thereof, the said C, 
 on —, at —, in consideration thereof, and that the 
 plf. at the request of the said C, promised to pay 
 him said — dollars, on the delivery of said brush, 
 promised the plf. to deliver him said brush, on —, 
 or before —; yet the said C, though requested, 
 hath not delivered said brush to the plf. but ne¬ 
 glects, &c. 
 
 , AGREEMENTS. 
 
 No. 1. For money 'paid by Plaintiff to discharge 
 Defendant's debt , at his request. 
 
 For that whereas the said H C, on —, at —, had, 
 at the special instance and request of the said O B, 
 [Dft.j and for his proper debt, paid to one E 
 P, the sum of — dols, which the said O then and 
 
80 
 
 ASSUMPSIT. 
 
 there owed the said E, and ought before that time to 
 have paid, he the said O, in consideration thereof, 
 then and there promised the said H to pay him that 
 sum on demand; yet the said O thereaftervvards, 
 though requested on the same day, hath not, he. 
 
 No. 2. On an Award by Parol Submission. 
 
 For that on —, there were divers controversies 
 between the said A and B concerning their mutual 
 accounts and debts, and then, at —, they appointed 
 one D to hear and determine for them, all said con¬ 
 troversies, and mutually promised each other to 
 stand to and abide by the award of the said D there¬ 
 upon ; and the said D afterwards, on —, there heard 
 the said A and B, and adjudged upon the premises, 
 and awarded that the said A should pay to the said 
 B a balance of — dols. on demand, and notified the 
 said A and B thereof; yet the said A, though re¬ 
 quested, hath not paid the said sum, but unjustly, &ic. 
 
 No. 3. On Special Contract to pay one half in 
 money , and the other half in goods. 
 
 For that the said A, [Dft.j at -, on-, 
 
 owing the plaintiff — dols. for — day’s work done 
 for the said A, at his request, by the said B, at his 
 trade aforesaid, on board the said A’s brig, between 
 that day and the — day of —, promised the plain¬ 
 tiff to pay him that sum, the half thereof in lawful 
 money, and the other half thereof in goods, on de¬ 
 mand ; yet the said A hath not paid the said sum, 
 in manner aforesaid, or any otherwise, though re¬ 
 quested to do it, on —, at —, and oftentimes since, 
 but still neglects it he. 
 
 No. 4. Town Treasurer v. Constable , for not col¬ 
 lecting a Tax . 
 
 For that whereas the said D, on —, at —, then 
 being one of the constables of the tow n of A afore¬ 
 said, received of the assessors for the said town of 
 A, a certain rate bill upon several of the inhabitants 
 
ASSUMPSIT. 
 
 81 
 
 of A aforesaid, of them to levy and raise the sum of 
 
 — dols. part of the town rate of A aforesaid, with a 
 warrant sufficiently empowering him to distrain for 
 the same, and to pay the same to the treasurer of 
 said town of A, on or before —; whereupon the said 
 D did then and there promise to collect and pay the 
 same accordingly; yet he. 
 
 No. 5. On Note for delivery of specific Articles. 
 
 In a plea of the case; for that the said A, at —, 
 on —, by his note of hand for value received, prom¬ 
 ised the plaintiff to pay and deliver him, or his or¬ 
 der, — gallons of N, E. rum, at —, on —, or before 
 
 — then next ensuing, and now past. And the plain¬ 
 tiff avers, that the said rum, at said time and place 
 of delivery, was worth — dols. for every gallon, and 
 that he was then and there ready to receive the 
 same: Yet the said A, though then and there re¬ 
 quested, never delivered he. 
 
 No. 6. For not delivering money to a third person , 
 according to promise. 
 
 For that the said D, [Dft.] on —, at —, in 
 consideration that the plaintiff had then and there 
 delivered him 20 dols. promised the plaintiff to de¬ 
 liver the same on the same day to one C at B : 
 Yet the said D, not minding his said promise, did not 
 deliver the same money, on the same day, to the said 
 C, but neglected and still wholly neglects so to do; 
 whereby the plaintiff has been impleaded in an action 
 for the same by the said C, and put to great charges, 
 viz. the sum of 30 dols.; all which is to the damage 
 he . 
 
82 
 
 ACTIONS OF THE CASE. 
 
 ACTIONS OF THE CASE. 
 
 1. DECEIT. 
 
 No. 1. For getting Plaintiff with child under pre¬ 
 tence of Marriage. 
 
 For that whereas the plf. was a person of good 
 conversation and fame, and always lived in good 
 esteem and favor with her neighbors from her child¬ 
 hood: And the said A, [Dft.] at—, on—, begun to 
 court the plf. under a pretence of a design to marry 
 her, making many solemn protestations of his afffc- 
 tion for her, and design to marry her, from that 
 time to —; and then, at —, having gained her 
 affections, and insinuated himself into her good 
 will, under colour and pretence of courtship, did 
 deceive and beguile the plf. and get her with child, 
 and then and there utterly forsook her, and went 
 and married another woman ; whereby the said A 
 hath greatly injured the reputation of the plf. he. 
 
 No. 2. For selling a Cow belonging to another. 
 
 For that the plf. on —, at —, bargained w ith the 
 said A, [Dft.] to buy of the said A a certain cow, 
 who, knowing the same to be the cow of one D, 
 then and there sold it to the plf. warranting the 
 same cow as his the said A’s own cow, for a great 
 sum of money to be paid therefor by the plf. to the 
 said A. And afterwards, on —, at —, the said D 
 took and carried away the said cow, as his own 
 cow, from the plf. And so the said A hath deceived 
 and defrauded the plf. he. 
 
 No, 3. Warranty of Oxen. 
 
 For that whereas the plf. on—, at —, bargained 
 with the said A, [Dft.] to buy of said A a certain 
 gelding of the said A, well knowing the same geld¬ 
 ing to be infirm, unsound, and infected with a 
 certain distemper, called the glanders, bv then and 
 
ACTIONS OF THE CASE. 
 
 83 
 
 there warranting the said gelding to be sound, and 
 free from any distemper whatever, then and there 
 deceitfully sold the said gelding to the plf for the 
 sum of— dols. ; which said gelding, at the time of 
 the sale thereof, was, and from that time to the time 
 of the death of said gelding, continued infirm, un¬ 
 sound, and infected with said distemper, to wit, at 
 —. And so the said A falsely and fraudulently 
 deceived the plf. he. 
 
 No. 4. For selling a Horse belonging to another. 
 
 For that the said A, [Dft.] on —, at —, being 
 possessed of a red roan gelding, affirmed and de¬ 
 clared to the plf. that the said gelding was the 
 proper gelding of him the said A, and thereby in¬ 
 duced the plf. to buy the same gelding of the said 
 A, and give him therefor another horse, and the 
 sum of—. And the said A then and there, being 
 possessed of the same red roan gelding, sold him 
 to the plf. for the said other horse, and the said sum 
 of —. And the said A in fact savs, that the said 
 roan gelding never was the proper gelding of the 
 said A; but at the time and place of affirmation 
 and sale aforesaid, was the proper gelding of one 
 D, and of right to him did belong; and that the 
 said D afterwards, on —, at —, took and led away 
 the said roan gelding, being of the value of —, 
 from and out of the hands and possession of the 
 plf. as the proper gelding of him the said D; to 
 the damage, he. 
 
 Ik MISFEASANCES AND NEGLIGENCES. 
 
 No. 1 . For turning Plaintiff from, his hired House. 
 
 For that the said D, [Dft.] on —, at —, when 
 the plf. and his family were gone out of a certain 
 tenement, which the plf held by lease parol from 
 the said D, for one quarter of a year, commencing 
 the— day o^— then last past, entered into the 
 said tenement and shut the plf. and his family out, 
 
84 
 
 ACTIONS OF THE CAbE. 
 
 and never suffered the plf. since to enter thereinto, 
 detaining all his household goods, and tools of his 
 trade of the value of —; to the damage, &c. 
 
 No, 2. For immoderately riding a Horse. 
 
 For that the said D, [Dft.] on —, at—, had hired 
 of the plf. a certain horse of the plf. to ride from A 
 to B, for a certain sum between them agreed ; and 
 the plf. had delivered said horse to said D, to ride 
 accordingly : Yet the said D so carelessly and im¬ 
 moderately rode said horse, that, by means of tiring 
 and bad keeping, the said horse afterwards, on —, 
 at —, died; to the damage, &c. 
 
 III. TROVER. 
 
 No. 1. For a Chest and Clothes. 
 
 In a plea of the case ; for that the plf. on —, at 
 —, was possessed of a chest, and several goods and 
 clothes therein contained, in the schedule hereto 
 annexed particularly mentioned, all of the value of 
 — dols.; and being so thereofpossessed, thereafter- 
 wards, on the same day, lost the same chest and 
 goods, which thereafterwards, on the same day, 
 came into the hands and possession of the said A, 
 [Dft.] by finding : Yet the said A, well knowing the 
 same to be the proper goods and chattels of the plf. 
 and of right to appertain to him, though requested, 
 hath not delivered the same to the plf. but thereaf- 
 terwards, on the same day, converted the same to 
 his own use; to the damage, &c. 
 
 No. 2. 
 
 For that the plf. on 
 lihds. of sugar, marked 
 
 For Sugar. 
 
 —, at —, was possessed of 
 
 w c 
 
 -, of the value of — dols. 
 
 D 
 
 as of his own sugar; and being so possessed there¬ 
 of, the plf. thereafterwards, on the same day, casually 
 lost the same sugar, which same sugar thereafter¬ 
 wards, on the same day, came into the possession 
 of the said A [Dft.] by delivery ; Yet. &c. 
 
COVENANT.—DEBT. 
 
 COVENANT. 
 
 On a note under seal. 
 
 For that the said A. [Dft.] on -—, at —, by his 
 deed of that date, in Court to be produced, cove¬ 
 nanted with the Plf. to pay him, or his order, the 
 sum of —, on demand, with interest for the same 
 until paid : Yet the said A, though often requested, 
 hath not paid the said sum of —, nor the interest 
 thereof, but wholly neglects and refuses so to do. 
 And so the said A his said covenant hath not kept, 
 but hath broken the same : to the damage of, Sic. 
 
 BOND. 
 
 In a plea of debt, for that the said A, [Dft.] on 
 —, at —, by his writing obligatory of that date, 
 sealed with his seal, and here in Court to he' pro¬ 
 duced, bound and acknowledged himself to be in¬ 
 debted to the «Plf. in the spur of —, to be paid to 
 the Plf. on demand : Yet, though requested, the 
 said D hath never paid the same to the Plf. : to the 
 damage. &ic- 
 
 FOR RENT. 
 
 For rent by deed. 
 
 In a plea of debt, for that the Plf. on —, de¬ 
 mised his dwelling-house and garden, situate &c. to 
 the said A [ Dft.] to hold and occupy for one year 
 from that lime ; in consideration whereof, the said 
 A by his deed, dated —, at —, in Court to be pro¬ 
 duced, covenanted to pay to the Plf the sum of — 
 rent, at four quarterly payments ; whereby the said 
 A, on —. at —, became indebted to the Plf. in the 
 same sum, rent as aforesaid, for the year then end- 
 in gt : Yet, kc. 
 
36 
 
 TRESPASS. 
 
 TRESPASS. 
 
 RELATING TO THE PERSON. 
 
 No. 1. Assault and Battery, 
 
 In a plea of trespass ; for that the said A, on— 
 at —, with force and arms, in and upon the Plf. 
 made an assault, and him then and there beat, bruis¬ 
 ed, wounded, and evil entreated ; and other enor¬ 
 mities to the Plf. the said A then and there did, 
 against, our peace, and to the damage &c. 
 
 No. 2. Assault , fyc .— Breach of Close , ivith Spec¬ 
 ial Aggravation . 
 
 For that the said A and B, on —, at —, with 
 force and arms, entered the Plf.’s chamber, in the 
 western end of C’s house in —, assaulted the Plf. 
 and his wife, beat and bruised them, and threaten¬ 
 ing to throw a pail of cold water upon the Plf. and 
 a shovel of hot coals upon the Plf.’s .wife, put them 
 into great fear, assaulted and threatened F and G, 
 the servants of the Plf. threw a quart of hot water 
 upon them, and scalded them ; and having greatly 
 terrified the Plf. and his family, drove them all out 
 of said chamber; whereby the Plf. hath lost the use 
 of said chamber, the labor of his servants, the 
 comfort of his wife, and the peace of his ow n mind, 
 ever since : and other enormities, &c. 
 
 No. 3. For assaulting and heating Plaintiff. 
 
 For that the said A and E [Dfts.] on —, at —. 
 with force and arms, on the body of the Plf. an as^ 
 sault made, and him then and there beat, wound¬ 
 ed and evilly entreated, and then and there, with 
 force as aforesaid, violently threw the Plf. upon the 
 ground, and him the Plf. on the ground then and 
 there lying, the said A and E did cruelly beat and 
 wound, as well by striking him with their fists, as 
 with their feet, and then and there gave the Plf. one 
 violent blow f in and upon his left side, and thereby 
 
TRESPASS. 
 
 87 
 
 broke one of his ribs, and endangered bis life ; and 
 other outrages, injuries and enormities on the PIT. 
 they the said A and E then and there committed, 
 against our peace he. 
 
 RELATING TO REAL PROPERTY. 
 
 No. 1. Quare clausum fro git. 
 
 In a plea of trespass, for that the said A, on —, 
 with force and arms, broke and entered the Plf.'s 
 close in —, containing he. bounded he. and then 
 and there, with force as aforesaid, his grass, to the 
 value of —, then and there growing, beat down and 
 consumed ; and other enormities then and there did, 
 against the peace, and to the damage he. 
 
 No. 2. Same — and cutting down trees contrary to 
 
 Statute . 
 
 For that the said A, on —, with force and arms, 
 broke and entered the Plf.’s close, being'die fifteenth 
 lot in the division of lands called —, in —. And 
 the said A, having no right or privilege, without 
 leave or license of the Plf. did then cut down and 
 carry away twenty-four of the Plf.’s pine trees, two 
 of which were under the dimensions of one foot di¬ 
 ameter, three were of one foot diameter, and the re¬ 
 maining nineteen were each upwards of one foot 
 over, and of the value of —, contrary to our peace, 
 and to the form of the statute in that case provided ; 
 whereby the said A hath forfeited to the Plf. — for 
 each of the first mentioned trees, and — for each 
 of the three next mentioned trees, and — for each 
 of the remaining nineteen trees aforesaid, and treble 
 the aforesaid value of the said nineteen trees amount¬ 
 ing in the whole to the sum of — : Yet though 
 requested, he. 
 
PAUPERISM—CASE. 
 
 jvote. 1 lie following declaration being of frequent use in this State, 
 and not being contained in any of the books, it is thought proper, 'fin&llv 
 to insert it, although omitted in its proper place. 
 
 •Against inhabitants of a town for support of a 
 
 pauper . 
 
 Summon (lie inhabitants of the town of A, to answer unto 
 the inhabitants of the town of H, in a plea of the case, for that, 
 on the — day of—, A. D. one thousand eight hundred and 
 —, one B, having his legal settlement in said town of A, was 
 louncl in said II, poor, sick and destitute, unable to support 
 and maintain himself, and in want of immediate aid and re- 
 * if -f ar; d the said inhabitants ol If, by their overseers of the 
 poor, found, procured and provided for the said B, suitable 
 meat, cltink, clothing, lodging, medicine and medical aid and 
 attendance, as by law they were bound and authorized to do— 
 and toe said inhabitants of H, thereafterwards, within three 
 months from the said — day ol —, A. D. in the year of our 
 Lou., &t,c. to wit, on the — day ol —, in the same year, by 
 their overseers ol the poor, gave due and legal notice in writ¬ 
 ing, to the overseers ol the poor of said town of A, that the 
 said B was poor, sick and destitute, and unable to support 
 and maintain himself, and was afterwards maintained, provi¬ 
 ded for and supported by the said inhabitants of H—therein 
 and thereby requesting the said overseers of the poor of the 
 town ol A, to remove the said B, and to indemnify the said 
 inhabitants of fi, for their expenses in providing for the said 
 B, as by law they were bound to do. And the Plaintiffs aver 
 that the said overseers of the poor of said town of A, wholly 
 neglected, and still do neglect, to remove and provide for the 
 said B ; [whereby and] in consequence of which neglect, the 
 said inhabitants of H, have been obliged to find and provide 
 lor the said B, suitable meat, drink, clothing, lodging, medi¬ 
 cine and medical aid and attendance, from the said — day of 
 £~c. to the day ol the purchase of this writ, amounting in the 
 whole to the sum ol —, as by the annexed account more ful- 
 Jy appears : ol all which the said inhabitants of A have had 
 due notice, and thereby become liable to remunerate to the 
 Plaintiffs their said expenses, and in consideration thereof 
 then and tnere promised the plaintiffs to pay them as much 
 money as the said meat, drink, clothing, lodging, medicine 
 and medical aid and attendance were reasonably worth, and 
 iis [much money ] they reasonably deserved to have for the 
 same ; and the Plaintiffs aver that the said meat, drink, &cc. 
 were reasonably worth, and that they reasonably deserved to 
 have tor the same the sums, at which they respectively stand 
 charged in said annexed account, of all which the said De¬ 
 fendants have had due notice. Yet, &c. Anderson. 
 
TRUSTEE PROCESS. 
 
 89 
 
 OF TRUSTEE PROCESS. 
 
 Bv a late law of this State, it is provided, That 
 in all cases where an action is authorised to be^ 
 brought before the Court of C. P. under the act of 
 this State, passed February 2S, 1821, entitled an 
 act concerning foreign attachment, which actions are 
 described in the first section of said act, such action 
 may be brought before any Justice of the Peace, 
 when the amount demanded in damages is not less 
 than five, nor more than twenty dollars, and provid¬ 
 ed the plaintiff and the supposed Trustee both reside 
 in the same county, where the Justice has jurisdic¬ 
 tion. And the officer, to whom such writ may be 
 directed, shall serve the same, in the same manner 
 as other writs of attachment issued from Justices are 
 served, and the writ shall be returnable in like man¬ 
 ner to said Justice: and the effect of such service 
 shall be the same as described in said first section ot 
 the act aforesaid, to hold the goods, effects and 
 credit, in the hands of such Trustee, to answer what¬ 
 ever judgment may be recovered by said Plaintiff, 
 
 Form of Writ. 
 
 STATE OF MAINE. 
 
 c-, ss. To the Sheriff of our county of—, 
 
 or either of his Deputies, or to any Constable of any 
 town in said county, greeting. 
 
 We command you to attach the goods and estate 
 of A, to the value of [twenty dollars] and summon 
 the said A, if he may be found in your precinct, to 
 appear before me, H S, Esq. one of the Justices ot 
 the Peace for our said county of—, at my dwelling 
 house, to wit, at my office, in P—, on — the —day 
 of—, 18—, at — o’clock in the — noon, then and 
 there to answer unto B, of— (addition) in a plea of 
 — For that &c. Yet though often requested, the 
 said A has never paid said sum, or any part thereof, 
 but neglects and refuses so to do. To the damage 
 
 8* 
 
90 
 
 PLEADINGS. 
 
 of tlie said B, (as lie says) the sum of [twenty dol¬ 
 lars] as shall then and there be made to appear, 
 with other due damages. And whereas the said B 
 saith that the said A has not in his own hands and 
 possession goods and estate to the value of [twenty 
 dollars] aforesaid, which can be come at to be attach¬ 
 ed, but has entrusted to, and deposited in the hands 
 and possession of C, of— (addition) Trustee of the 
 said A, goods, effects and credits to the said value; 
 We command you therefore, that you summon the 
 said C, if he may be found in your precinct, to ap¬ 
 pear before me, the said Justice, at the time and place 
 aforesaid, to shew cause, if any he has, why execu¬ 
 tion, to be issued upon such judgment as the said B 
 may recover against the said A, in this action, if 
 any, should not issue against his goods, effects or 
 credits, in the hands and possession of him the said C. 
 
 Hereof fail not, and make due return of this writ, 
 with your doings therein, to myself, at or before the 
 said time of trial. Dated at P, this — day of —, 
 in the year of our Lord, one thousand eight hun¬ 
 dred and- H S. 
 
 OF PLEADING. 
 
 A plea is that, which either party alleges for 
 himself in Court, in a cause there pending to be 
 tried. 
 
 Abatement. 
 
 No. 1. To the jurisdiction of the Court . 
 
 Plea. And the said D, in his proper person, 
 comes and defends the force and injury, Sic. and 
 says, that this Court ought not to have further 
 cognizance of the plea aforesaid, because he says, 
 the cause of action, if any, accrued to the plf. out of 
 the jurisdiction of this Court, to wit, at, &ic. in the 
 county of, Sic. and not at, &zc. in the said declara¬ 
 tion named, or elswhere, within the jurisdiction of 
 the Court here, and this the said D is ready to ver- 
 
PLEADINGS. 
 
 yi 
 
 ity : Wherefore he prays judgment, if this Court 
 can or will have further cognizance of this plea, &c. 
 
 Replication. And the plf. says, that the Court 
 here ought to take further cognizance of, and 
 sustain his action aforesaid, notwithstanding any 
 thing by the said D, above in his plea alleged, be¬ 
 cause he says that the cause of his said action 
 arose within the jurisdiction of this Court, to wit, 
 at, &c. in the county of, he. as he has above in his 
 writ alleged, and of this he puts himself upon the 
 country. 
 
 No. 2. Infancy—To the Plaintiff. 
 
 Plea. And the said D comes and defends, he. 
 when, he. and prays judgment of the writ and dec¬ 
 laration aforesaid, that the same may be quashed, 
 because he says that the plf. is an infant, under the 
 age of twenty-one years, viz. of the age of nineteen 
 years, at, &lc. in said county, and this he is ready 
 to verify : Wherefore, inasmuch as the plf. hath 
 sued out the said writ and declared therein, in his 
 own person, and not by guardian or next friend, 
 the said D. prays judgment of the writ and dec¬ 
 laration aforesaid, that the same may be quashed, 
 and for his costs. 
 
 Replication. And the plf. says, by reason of 
 any thing by the said D in his plea above alleg¬ 
 ed, the said writ and declaration ought not to be 
 quashed, because he says, that at the time of suing 
 out the said writ and declaring therein, he, the plf. 
 was above the age of twenty-one years, to wit, 
 twenty-tw o years of age, without this, that he was 
 at the time, an infant under the age of twenty-one 
 years; and of this he puts himself upon the country. 
 
 No. 3. JMisnomer of Person. 
 
 Plea. And the said D comes and defends, &c. 
 when, he . and prays judgment of the writ afore¬ 
 said, because he says, that the plf. is named and 
 known, and called by the name of A B ; without 
 
s 
 
 92 PLEADINGS. 
 
 this, that the plf. is named and called by the name 
 of C D, as by the writ above is supposed, and this 
 he is ready to verify : Wherefore he prays judg¬ 
 ment of the writ aforesaid, that the same may be 
 quashed, he. 
 
 No. 4. Misnomer of Degree . 
 
 Plea. And the said D comes, he. when, he. 
 and prays judgment of the writ aforesaid, because 
 he says that the plf. on the day of the purchase of 
 said writ, was not a gentleman, as by the said writ 
 above is supposed; and this he is ready to verify : 
 Wherefore, inasmuch as the plf. by the said writ is 
 called gentleman, the said D prays judgment of the 
 said writ, and that the same may be quashed, he. 
 
 No. 5. Misnomer of Place. 
 
 Plea. And the said D comes, he. when, he. 
 and prays judgment of the said w ? rit, because he 
 says that the plf. is, and long before, and at the 
 time of the purchase of said writ, was an inhabi¬ 
 tant of, and commoraut in A, in the county of, he. 
 without that, that the plf. is, or before, or at the 
 time of the purchase of said writ, was an inhabi¬ 
 tant of said B, as is by the writ aforesaid above 
 supposed ; and this he is ready to verify: Where¬ 
 fore, inasmuch as the plf. is not named of his proper 
 place, the said D prays judgment of said writ, he. 
 
 No. 6. Infancy—To the Defendant. 
 
 And the said D, by A B, his guardian, by the 
 court here duly admitted to defend for the said D, 
 who is under age, of twenty-one years, comes, &c. 
 when, &c. and saith that he is under the age of 
 fifteen years and no more; and this he is ready to 
 verify : Wherefore he doth not intend that during 
 his minority he ought to answer tlie pit. of sa id . 
 debt as aforesaid, and prays therefore that the said 
 plea may remain till the full age of him the said D. 
 
PLEADINGS. 
 
 93 
 
 No. 7. Partners. 
 
 Plea. And the said D comes, &c. when, &c. 
 and prays judgment of said writ of the plf. because 
 he says, that at the time of the making of said 
 several supposed promises in said declaration men¬ 
 tioned, the said D was partner in trade with one A 
 B, which A B is yet living, to wit, at, &lc. ; and 
 that the said several promises in said declaration 
 mentioned, if any such w T ere made, were, and each 
 of them was made by the said A B, jointly with 
 the said D, and not by the said D alone, as by the 
 said writ is supposed ; and this the said D is ready 
 to verify: Wherefore, &zc. 
 
 R eplicati on. And the plf. says, that his writ 
 aforesaid ought not to be quashed, because he says 
 that the said A B and D are one and the same per¬ 
 son, and not other or different persons ; and that 
 the promises in said declaration mentioned, were 
 not made by any other person o*f the said name of 
 A B, jointly with said D, but by the said D, other¬ 
 wise A B, solely, as the plf. hath above thereof 
 complained against him ; and this he is ready to 
 verify ; and this he prays may be inquired of by 
 the country. 
 
 No. 8. Wrong Action — To the Count. 
 
 Plea. And the said D comes, §*c. when, &c. 
 and says that the plf’s. writ is insufficient, and 
 ought to abate, in that the plf. in his declaration 
 aforesaid, has declared his action an action of debt, 
 and named his action debt, when, by his own shew¬ 
 ing, his action ought to be trespass on the case, 
 and not debt, and this he is ready to verify : 
 W herefore the plf’s. writ aforesaid ought to abate, 
 and the plf. prays judgment accordingly. 
 
 No. 9. JVo cause of action accrued. 
 
 Plea. And the said D comes and defends, &c. 
 when, &c. and prays oyer of the writ aforesaid, of 
 the plf. and it is read to him in these words: C —, 
 
94 
 
 PLEAt)L\G$. 
 
 ss. he. (recite the whole writ) which being read and 
 heard, the said D says that the plaintiff, before the 
 said, he. day of, he. in the declaration aforesaid 
 abovementioned, purchased his said writ against 
 the plaintiff, for the debt aforesaid; and this he is 
 ready to verify : Wherefore he prays judgment of 
 said writ, that it may be quashed, &c. 
 
 No. 10. Variance — To the writ . 
 
 Plea. And the said D comes, &ic. when, &c. 
 and prays oyer of the original writ of the plf. and 
 it is read to him in these words, he. ; and he prays 
 oyer of the writing obligatory, and it is read to 
 him in these words, &c. ; and he prays 0 } 7 er of the 
 writing obligatory declared on, which is read to 
 him in these words, he.; which being read and 
 heard, the said D says that there is a variance be¬ 
 tween the said writing, here in court produced, and 
 the original writ purchased out thereupon, because 
 he says that he, in the said writing obligatory, is 
 named and called C D, of N, in the county, &c. and 
 in said writ is named A D, of B, in, he.; h this he is 
 ready to verify : Wherefore he prays judgment, he. 
 
 No. 11 . Account. 
 
 Never Bailiff—In Bar. 
 
 Plea. And the said D comes and defends, he. 
 when, &c. and saith that he never was bailiff of the 
 said plf. of the goods and chattels aforesaid, to ren¬ 
 der an account thereof to the said plf. in manner 
 and form as the said plf. hath above thereof de¬ 
 clared against him ; and of this he puts himself 
 upon the country. 
 
 No. 12 . Non Assumpsit by Executor. 
 
 Pleas 1 . And the said D comes and defends, 
 &c. when, he. and saith, that the said A B, the 
 testator did not make either of the promises above 
 supposed by the said Plaintiff, in his writ and dec¬ 
 laration aforesaid, in manner and form as he has 
 
PLEADINGS. 95 
 
 therein alleged ; and thereof he puts himself upon 
 the country. © 
 
 Action has not accrued within six years. 
 
 2. And for another plea to the said Plaintiff’s first 
 count, in his declaration aforesaid, by leave of the 
 court here, the said D comes and defends, &c. when, 
 &c. and says, that the Plaintiff, his action aforesaid 
 thereof against him ought not to have or maintain, 
 because he says, that the cause of action in the said 
 court supposed, did not, at any time within six years 
 next before the commencement of the said action, 
 accrue to the Plaintiff ; and this he is ready to ver- 
 ify : Wherefore he prays judgment, if the said 
 Plaintiff, his action aforesaid thereof against him, 
 ought to have or maintain, &c. 
 
 3. And for another plea to the said Plaintiff’s 
 second count, in his declaration aforesaid pleaded, 
 by leave of the court, here the said D comes and de¬ 
 fends, &ic. when, &lc. and says (action non , as before) 
 because he says, that the said A B, the testator, 
 never made the promises above supposed by the 
 said Plaintiff in his said second count in his decla¬ 
 ration aforesaid, at any time within six years before 
 the commencement of the Plaintiff’s action aforesaid, 
 and this he is ready to verify. Wherefore, &c. 
 
 No. 13. 
 
 Plea. And the said D, having obtained leave 
 of the court here to plead another, and a further 
 plea in this behalf, comes and defends, &c. when, 
 &c. and as to the three first counts in the declara¬ 
 tion aforesaid, he says, the Plaintiff, his action 
 aforesaid thereof against him ought not to have or 
 maintain, because he says, that the said A B, at any 
 time within six years next before the commence¬ 
 ment of the Plaintiff’s action aforesaid, never made 
 either of the promises above alleged by the Plain¬ 
 tiff, in the said three counts in the declaration afore¬ 
 said, in manner and form as the Plaintiff hath above 
 
96 
 
 PLEADINGS. 
 
 thereof declared against him ; and this he is ready 
 to verify: Wherefore lie prays judgment, &:c. 
 
 Replication. And the said Plaintiff says, that 
 by any thing above alleged, he ought not to be pre¬ 
 cluded from having and maintaining his action 
 aforesaid, because he says, that the said D made 
 and signed the promissory note above declared on, at 
 the time and place above by him. supposed by him 
 in his declaration aforesaid, in the presence of our 
 witness, who then and there attested the same ; and 
 this he is ready to verify : Wherefore he prays 
 judgment, and his damages and costs to be adjudged 
 to him. 
 
 Replication. And the said Plaintiff as to the 
 plea of the said D, above pleaded in bar says, that 
 by reason of any thing in the same plea alleged, lie 
 ought not to be barred from having and main¬ 
 taining bis action aforesaid, because be says, that 
 at the times when the said several causes of action 
 in the Plaintiff’s declaration mentioned accrued, the 
 said A B, now deceased, was “ without the limits of 
 this State , and did not leave 'property or estate there¬ 
 in , that could, by the common and ordinary process 
 of law, be attached * and the said A B continued 
 and remained “ without the limits of this State f 
 from thence, until, and at, the time of his decease ; 
 and that the Pif. as administrator as aforesaid, with¬ 
 in six years next after the decease of the said A 13, 
 to wit, on &<:. commenced his action aforesaid, 
 against the said D ; and this he is ready to verify. 
 Wherefore he prays judgment, and his damages to 
 be adjudged to him, &c. 
 
 *Seo,Laws of Maine. 
 
 Rejoinder. And the said I) says, that by any 
 thing in the Pif’s. replication aforesaid above al¬ 
 leged, lie ought not to have or maintain his action 
 aforesaid against him, the said D, because he savs 
 that the Plf. did not commence bis action aforesaid 
 thereof against him the said D, within six years 
 
PLEADINGS. 
 
 97 
 
 isext after the death of the said A B, as the Plf. hath 
 above in his replication alleged ; of this he puts him¬ 
 self upon the country. 
 
 Rejoinder. And the said D says (actionon) be¬ 
 cause he says, that after the said several causes of 
 action in said declaration mentioned, the said A B 
 returned from “ without the limits of this State,” in¬ 
 to this State, and resided therein, at he. on, he. ; 
 and at any time within six years after such return 
 of the said A B into this State, as aforesaid, the 
 Plf. did not commence his action aforesaid, for the 
 said several causes in said declaration mentioned* 
 without this, that the said A B continued and re¬ 
 mained without the limits of this State, from the time 
 when said action accrued, thenceforth, until , and at 
 the time of his death ; and this he is ready to veri¬ 
 fy. Wherefore he prays judgment, if the Plf. his 
 action aforesaid thereof ought to have or maintain, 
 he. 
 
 Surrejoider. And the Plf. says, that by any 
 thing in the rejoinder of the said D above pleaded, 
 he ought not to be barred from having and main¬ 
 taining his action aforesaid against the said D, be¬ 
 cause he says, that after the said several causes of 
 action abovementioned accrued, the said A B did 
 not return from “ without the limits of this State,” 
 into this State, in manner and form as the said D 
 hath above alleged ; and this he prays may be en¬ 
 quired of by the country. 
 
 No. 14. In Trover. 
 
 Plea. And the said D (by his attorney) comes 
 and defends, he. when, he. and '■ays, that the said 
 A, his action aforesaid against ion ought not to have 
 or ni’.iU; 1, bee a a e he says, that (Here insert a 
 href ,i ttemeni of the facts of the case., which go to 
 bar the action, and to show that the. D fendant was 
 legally entitled to the goods, fyc.) $ and being so en- 
 
 9 
 
93 
 
 PLEADINGS. 
 
 titled thereto, the said D* afterwards, to wit, on the 
 said — day of—, in the year of &;c. abovesaid, at — 
 aforesaid, did dispose of and convert the said (goods) 
 to the proper use of him, the said D, as it was law¬ 
 ful for him to do : without that , that he is guilty of 
 any other conversion of the said (goods) to his 
 use, in manner and form as the said A, by his dec¬ 
 laration aforesaid, has alleged, and this he is ready 
 to verify Wherefore he prays judgment if the said 
 A, his action aforesaid ought to have or maintain 
 against him, he. 
 
 Assumpsit. 
 
 No. 15. Non Assumpsit — In Bar . 
 
 Plea. And the said D comes and defends, he. 
 when, he. and says, he never promised in manner 
 and form as the Plf. hath thereof declared against 
 him ; and of this he puts himself upon the country.* 
 
 d: 
 
 General issue. And the Plf. likewise. P. 
 
 *When the general issue is pleaded before a Justice, it must end thus, 
 and of this he puts himself on trial. 
 
 No. 16. In Debt. 
 
 Plea. And the said D (by E , his attorney) comes 
 and defends the force, injury and damages, and 
 whatever else he ought to defend, when and where 
 the court will consider thereof, and says that he does 
 not owe to the said A, the sum of —, or any part 
 thereof, in manner and form as the said A has above 
 thereof complained against him ; and of this he puts 
 himself upon the country. 
 
 No. 17. In Replevin. 
 
 Plea. And the said D (by his attorney) comes 
 and defends, &c. when, &c. and says that he did not 
 take the said cattle (or goods and chattels , as the 
 case may be) in manner and form as the said A has 
 
PLEADINGS. 99 
 
 above thereof complained against him : and of this 
 he puts himself upon the country. 
 
 No. 18 . JVot Guilty—On Statute. 
 
 Plea. And now the said D comes and defends, 
 &c. when, &ic. and says that he is not guilty in man¬ 
 ner and form as the said Plf. has within informed 
 and complained against him ; and thereof he puts 
 himself upon the country. 
 
 No. 19. Trespass. 
 
 Plea. And the said D comes and defends the 
 force and injury, when, &c. where, &£c. and says that 
 he is not guilty of the trespass (or, assault and bat - 
 iery,) aforesaid, in manner and form as the said A, 
 above thereof complains against him ; and of this 
 he puts himself upon the country. 
 
 DEMURRERS. 
 
 No. 1. To the Declaration — In Bar. 
 
 Demurrer. And the said D comes and defends 
 the force and injury, when, &c. and says, that the 
 Plf. ought not to have or maintain his action afore¬ 
 said thereof against him, because he says, that the 
 declaration aforesaid, and the matter therein con¬ 
 tained are insufficient in law to have and maintain 
 the action aforesaid of the Plf. against him ; to 
 which declaration, he, the said D, has no necessity, 
 nor is by the law of the land bound, in any way to 
 answer ; and this he is ready to verify. Wherefore, 
 for w ant of a sufficient declaration in this behalf, he, 
 the said D, prays judgment, and that the Plf. may 
 be barred from having his action aforesaid thereof 
 against him, &c. 
 
 Joinder. And the Plf. says, that he, by any 
 thing by the said D, above in pleading alleged, 
 ought not to be precluded from having his action 
 aforesaid thereof against him, because he says, that 
 the declaration aforesaid thereof against him, be- 
 
100 
 
 PLEADINGS. 
 
 cause he says, that the declaration aforesaid, and 
 the matter in the same contained, are good and suf¬ 
 ficient in law to have the action aforesaid of the 
 Plf. thereof maintained against the said D; and be¬ 
 cause the said D does not answer the said declara¬ 
 tion, nor has hitherto, in anywise, denied the same, 
 the Plf. prays judgment and his debt aforesaid, with 
 his damages, on occasion of the detention of the 
 same debt, to be adjudged to him, &zc. 
 
 No. 2. To a Plea . 
 
 Demurrer. And the aforesaid Plf. says, that the 
 plea of the said D, is insufficient in law to preclude 
 him, the said Plf. from having his action aforesaid 
 against the said D ; and that he has no necessity, 
 nor is by the law of the land bound to answer that 
 plea in manner and form aforesaid pleaded ; and 
 this he is ready to verify. Wherefore for w r ant of a 
 sufficient answer in this behalf, the same Plf. prays 
 judgment and his damages, by reason of the said 
 detaining, the said debt, to be adjudged to him,&£C. 
 
 Joinder. And the said D, for that he has above 
 alleged sufficient matter in law to preclude the said 
 Plf. from having his action aforesaid against him, 
 which he is ready to verify, which said matter the 
 said Plf. does not deny, nor thereunto in anywise 
 
 answer, but the said averment wholly refuses to ad- 
 
 • %■ 
 
 mit, prays judgment, and that the said Plf. may 7 be 
 precluded from having his action aforesaid against 
 him, &c. 
 
 Form of the Levy of an Execution on Real Estate. 
 
 C-, ss. Then personally appeared, A B, C 
 
 D, and E F, and made oath, that they would faith¬ 
 fully and impartially appraise such real estate of 
 the within named —, as should be shewn to them, 
 to satisfy the within execution, with all fees. 
 
 Before me , J P, Just: Peace : 
 
PLEADINGS. 
 
 101 
 
 Appraisers' Return. 
 
 C 
 
 ss. 
 
 We, the above named A B, C D, and E F, having 
 been sworn as above, have appraised, and do hereby 
 appraise —, he. bounded, he. with all the privileges 
 and appurtenances thereunto belonging, at the sum 
 of— : The same having been shewn to us by —, 
 the creditor, (or, by —, attorney to—,) the creditor, 
 as the estate of the within named —, to satisfy (in 
 full or in part,) the within execution. A B. 
 
 C D. 
 
 E F. 
 
 Officer's Return. 
 
 C —, ss. Having, at the request of the within 
 above named —, caused the above named A B, C 
 D, and E F, three disinterested and discreet men, 
 being freeholders in said county, viz. the said A B, 
 chosen by —, (or by —, attorney to —,) the credi¬ 
 tor ; C D, chosen by —, (or by —, attorney to —,) 
 the debtor; and E F, chosen by myself, [or, if the 
 debtor neglects or refuses to choose , say , and E F, by 
 me for the said —, who neglects and refuses to 
 choose] faithfully and impartially to appraise \the*~ 
 estate above mentioned ,] and they, the said A B, C 
 D, and E F, having upon oath appraised the same, 
 at the sum of—, as above appears : I have, this day, 
 agreeably to law, delivered possession and seizin of 
 the said (estate~\ to him, the said —, (or, to him the 
 said —, attorney to—,) the creditor. To have and 
 to hold the same to him, the said —, his heirs and 
 assigns forever, in full (or in part) satisfaction and 
 discharge of the within execution and charges of 
 levying the same, which charges amount to the sum 
 of—, and have left the said — in quiet possession 
 thereof. I do therefore return this execution fully 
 satisfied, [or satisfied in part, viz. for the sum of 
 —, the said ■—, (or —, attorney to the said —,) the 
 creditor not having been able to shew any further 
 estate belonging to the said—, wherewith to satisfy 
 the residue.] J S, Dep. Sheriff, 
 
 9* 
 
102 
 
 POOR DEBTORS. 
 
 Creditor’s Receipt. 
 
 C —, ss. I have received of the above named 
 J S, Dep. Sheriff, full satisfaction and seizin of the 
 above mentioned —, in full satisfaction of the with¬ 
 in execution and charges of levying the same; or, 
 I have received of the above named J W, Dep. 
 Sheriff, full possession and seizin of the above 
 mentioned —, in part satisfaction of the within ex¬ 
 ecution, viz, for the sum of —, the same having been 
 appraised as above mentioned, at — dollars, and 
 the charges of the levying, being —. H W. 
 
 OF POOR DEBTORS. 
 
 By a law of this State, passed Feb. 9, 1824, it is 
 provided, that when any person standing committed 
 by force of an execution, shall complain, that he or 
 she hath not estate sufficient to support him or her 
 in prison, the gaoler or keeper of such prison shall, 
 on such complaint, apply to one of the Justices of 
 the Peace within and for the county in which such 
 prison is, who shall thereupon make out a notifica¬ 
 tion in writing, under his hand and seal, thereby 
 signifying to the creditor or creditors, such prison¬ 
 er’s desire of aking the privilege and benefit 
 allowed in and by this act, and of the time and 
 place appointed for the intended caption of the 
 oath or affirmation allowed by this act, &c. 
 
 Application to a Justice , in behalf of a Debtor . 
 
 To J P, Esq. one of the Justices of the Peace, 
 within and for the county of —, I, —, keeper of 
 the prison in —, in said county, represent that —, 
 now a prisoner in said prison, in which he stands 
 committed by force of an execution, issued on a 
 judgment obtained against him —, by —, for the 
 sum of—, damage, and costs of court, taxed at—, 
 hath complained to me that he hath not estate suf¬ 
 ficient to support himself in Prison. 1 do there 
 
POOR DEBTORS. 
 
 103 
 
 lore, in his behalf, and at his request, apply to you 
 the said Justice to make out a notification to the 
 said — 3 the creditor aforesaid, agreeably to an act 
 of the State, entitled “ an act for the relief of Poor 
 Debtors (and also an act additional to “ an act for 
 the relief of Poor Debtors”)* thereby signifying to 
 said creditor, his, the saj,d —’s desire of taking the 
 privilege and benefit allowed in and by said act. 
 Dated at—aforesaid, the — day of—, A.D. 18—. 
 
 * By a late law of this State, extending to such debts as shall be 
 contracted on or after the first day of July, 1824, the debtor himself 
 ■ nay complain to a Justice of the Peace, as therein prescribed,in which 
 case the words in parenthesis should be inserted, and the form, in other 
 respects, varied as follows: I, A B, of —, now a prisoner, arrested by 
 force of an execution issued on a judgment obtained against me by —, 
 for the sum of—, damage, and costs of court, taxed at —, do complain, 
 &c. and apply to you, &c., 
 
 C —, ss. To (the creditor.) 
 
 Greeting. 
 
 Whereas the foregoing application hath, this day, 
 been made to me the subscriber, one of the Justi¬ 
 ces of the Peace within and for the said county of 
 —. You are therefore hereby notified of the same; 
 and that—, the — day of— next, at eleven o’clk. 
 in the forenoon, is intended for the caption of the 
 oath (or affirmation) allowed by the act therein 
 referred to, at (the prison aforesaid;) when and 
 where you will be present if you see fit. Given 
 under my hand and seal, the - day of—, A.D. 18 - 
 
 C —, ss. (Date.) 
 
 I have this day served the above notification 
 upon the above named —, by (giving him in hand 
 an attested copy of the within, or as the case may be.) 
 
 -, Deputy Sheriff. 
 
 C —, ss. ( Date.) 
 
 Having examined the above return, and duly 
 cautioned the said —, we have administered to him 
 the oath or affirmation, allowed in the act above re¬ 
 ferred to ; and made out a certificate thereof in the 
 form therein prescribed. 
 
 > Justices of the Peace 
 y and of the Quorum 
 
104 
 
 POOR DEBTORS. 
 
 Prisoner's Oath. 
 
 I, A B, do solemnly swear, before Almighty God, 
 that I have not any estate, real or personal, in 
 possession, reversion or remainder, sufficient to sup¬ 
 port myself in prison, or to pay prison charges, 
 except the goods and chattels by law exempted 
 from attachment and execution ; and that I have 
 not, since the commencement of this suit against 
 me, or at an y other time, directly or indirectly, 
 sold, leased, or otherwise conveyed or disposed of, 
 to, or entrusted any person or persons whomsoever, 
 with all or any part of the estate, real or personal, 
 whereof I have been the lawful owner or possessor, 
 with any intent or design to secure the same, or to 
 receive, or to expect any profit or advantage there¬ 
 for ; or have caused or suffered to be done, any 
 thing else whatsoever, whereby any of my creditors 
 may be defrauded. So help me God. A B. 
 
 C —, ss. To J P, the keeper of the gaol at P, 
 in the county of C, 
 
 We the subscribers, two Justices of the Peace for 
 the said county of C, and each of ns of the Quo¬ 
 rum, hereby certify, that A B, a poor prisoner, 
 confined upon execution for debt, in the gaol atP 
 aforesaid, hath caused E F, the creditor, at whose 
 suit he was so confined, to be notified according to 
 law, of his the said A B’s desire of taking the ben¬ 
 efit of the act, entitled 44 an Act for the relief of 
 poor debtors ( and also of an act , entitled 44 an 
 Act additional to an act for the relief of poor debt- 
 orr :”) that in our opinion the said AB hath not any 
 estate, real or personal, sufficient to support himself 
 in prison, except the goods and chattels by law ex¬ 
 empted from attachment and execution; and that 
 he hath not conveved or concealed his estate, with 
 design to secure the same to his own use, or to de¬ 
 fraud his creditors ; and that we have, after due 
 caution to the said A B, admininistered to him the 
 

 INDENTURES. ] 05 
 
 oath prescribed in “ an Act for the relief of poor 
 debtors.” Witness our hands and seals, this— day 
 of—, A. D. one thousand eight hundred and — 
 
 INDENTURES. 
 
 Every writing of more than one part, as agrees 
 ments, of which each part retains otie, is strictly 
 speaking, an Indenture; but the word is now used 
 in a more confined sense, to designate the instru¬ 
 ment, by which a minor is bound to serve as an 
 apprentice. Each part must be an exact copy of 
 the other, and there must be one for each of the 
 parties. 
 
 By a law of the State of Maine, it is provided, 
 that minors under the age of fourteen years, may 
 be bound by deed, until that age, as servants or 
 apprentices, by their father; and in case of his de¬ 
 cease, by their mother or by their guardian legally 
 appointed ; or having no parent or guardian, may 
 bind themselves, with the approbation of the Se¬ 
 lectmen or major part of them, of the town where 
 such minors reside. And all minors of the age of 
 fourteen years or upwards, may be bound by deed 
 as apprentices or servants; females to the age of 
 eighteen years, or to the time of their marriage 
 within that age; and males to the age of twenty- 
 one years, by their father; and in case of his de¬ 
 cease, by the mother, or guardian legally appoint¬ 
 ed, having the minor’s consent expressed in the 
 deed. And any such miners, having no father, 
 mother or guardian within the State, may, by deed, 
 bind themselves, with the approbation of the Se¬ 
 lectmen, or the major part of them, of the town 
 where they reside : Provided , That in every case 
 there shall be two deeds of the same form and 
 tenor, executed by both parties, one to be kept by 
 ea< h ; and where made by the approbation of the 
 selectmen, they, after having examined the terms 
 
106 
 
 INDENTURES. 
 
 of the deeds, shall express their approbation there- 
 on, and sign the same : Provided also , That all 
 considerations which shall be allowed by the mas¬ 
 ter or mistress in any contract of service or appren¬ 
 ticeship, shall be secured to the sole use of the minor 
 thereby engaged. And all contracts which shall 
 be made by any parent or guardian, or by any mi¬ 
 nor for him or herself, pursuant to this Act, shall be 
 good and effectual in law against all parties, and 
 the minor thereby engaged, according to the tenor 
 thereof. 
 
 And it is further provided, that no covenant of 
 apprenticeship, entered into by any minor, his par¬ 
 ent or guardian, for the purpose of such minor’s 
 learning or being instructed in any trade or myste¬ 
 ry, and made to any master and the wife of such 
 master; or to the executors, administrators or as¬ 
 signs of such master, shall be binding on such mi¬ 
 nor, parent or guardian, after the decease of the 
 master ; but on the death of such master, the said 
 covenant shall be deemed void from that time; and 
 in any such case any minor may be bound out 
 anew, in the manner herein before prescribed. 
 
 Further, That the Overseers (of the Poor) shall 
 have power to set to work, or bind out to service 
 by deed, as aforesaid, for a term not exceeding one 
 whole year at a time, all such persons residing and 
 lawfully settled in their respective towns, or who 
 have no such settlement within this State, married 
 or unmarried, upwards of twenty-one years of age, 
 as are able of body, but have no visible means of 
 support, who live idly, and exercise no ordinary or 
 daily lawful trade or business to get their living by ^ 
 and also all persons, who are liable by any law to be 
 sent to the house of correction, upon such terms 
 and conditions as they shall think proper. 
 
 An Indenture to hind out a minor upwards of four¬ 
 teen years of age. 
 
 This Indenture Witnesseth y That A B, of, &c, 
 doth by these presents bind his son, C B, and with 
 
INDENTURES. 
 
 107 
 
 the free will and consent of the said C B, he is 
 hereby bound an Apprentice to R P, of —, to 
 learn "the art, trade, or mystery of —, and with 
 him the said R P, after the manner of an appren¬ 
 tice, to serve from the day ot the date ot these 
 presents, until the — day ot •—, which will be in 
 the year of our Lord one thousand eight hundred 
 and — ? when the said apprentice will arrive at the 
 age of twenty-one years. During all which time, 
 the said apprentice his said master well and faith¬ 
 fully shall serve, his secrets keep, his lawful com¬ 
 mands duly obey. He shall do no damage to his 
 said master, nor sutler it to be done by others, 
 without giving seasonable notice thereof to his said 
 master—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 absent himself, by day or by night, 
 from the service of his said master without his leave ; 
 nor haunt or frequent ale-houses, taverns, or gam¬ 
 ing places.—He shall not contract matrimony 
 within the said term ; nor shall he commit any acts 
 of vice or immorality which are forbidden by the 
 laws of the State ; but in all things, and at all 
 times, he shall carry and behave himself towards 
 his said master, and all others, as a good and faith¬ 
 ful apprentice ought to do, during all the term 
 aforesaid. And the said R P doth hereby covenant 
 and promise to teach and instruct, or cause the said 
 apprentice to be instructed, in the art, trade or call¬ 
 ing of—, by the best w ay or means that be may or 
 can (if said apprentice be capable to learn);* and 
 during the said term, to find and provide unto the 
 said apprentice good and sufficient meat, drink, 
 clothing, lodging, and other necessaries fit and 
 convenient for such an apprentice, during the term 
 aforesaid, and at the expiration thereof, shall give 
 
 * The following covenant is usually inserted in this place, viz “And 
 also to teach and instruct the said apprentice, or cause him to be taught 
 and instructed to read and write, &c.” 
 
108 
 
 INDENTURES. 
 
 -unto the said apprentice, two suits of new wearing 
 apparel, one suitable for Lord’s day, and the other 
 for working days. In testimony whereof, the said 
 parties have to this, and one other indenture, of the 
 same tenor and date, interchangeably set their hands 
 and seals, the — day of —, in the year of our Lord 
 one thousand eight hundred and — 
 
 Signed , sealed and delivered, ) 
 in presence of us, ) 
 
 An Indenture by the Overseers of the Poor, to bind 
 
 out a poor child . 
 
 This Indenture Wilnesseth , That we, A B, C D, 
 and E F, Overseers of the Poor of the town of —, 
 in the county of —, by virtue of a law of this State 
 in such cases made and provided, have put and 
 placed, and by these presents do put, place and bind 
 out, G H a poor child, the son of —, of said town 
 of —, as an apprentice to J K, of —, to learn the 
 art, trade, or mystery of — : the said G H, after the 
 manner of an apprentice, to dwell with and serve 
 the said J K, from the day of the date hereof, until 
 the — day of—, w hich will be in the year of our 
 Lord one thousand eight hundred and —, at which 
 time the said apprentice, if he shall be living, w ill be 
 — years of age. And the said J K, on his part, doth 
 hereby promise, covenant and agree to teach and 
 instruct the said apprentice, or cause him to be taught 
 and instructed, in the art, trade, or calling of a —, 
 by the best way or means he can ; and also to 
 teach and instruct the said apprentice, or cause him 
 to be taught and instructed, to read and write, he. 
 if the said apprentice be capable to learn. (Re¬ 
 mainder as in the preceding.) 
 
 An Indenture to bind out a person upwards of twen¬ 
 ty-one years of age, agreeably to the laws of Maine. 
 
 This Indenture, made the — dav of — by and 
 between B T, P W, and S M, overseers of the 
 
INDENTURES. 
 
 109 
 
 poor of the town of —, in the county of —, on one 
 part, and D B, of —, in said county, gent, ou the 
 other part, witnesseth , That the said overseers by 
 virtue of the power and authority to them given in 
 and b}' a law of this State, entitled “ an Act ascer¬ 
 taining what shall constitute the legal settlement, 
 and providing for the relief and support, employ¬ 
 ment and removal of the poor,” passed March 21, 
 1821, have set to work, and do hereby set to work 
 and bind out to the said D B, for the space of one 
 whole year from the date hereof, A B, a married 
 (or unmarried) person, upwards of twenty-one 
 years of age, able of body, who has no visible 
 means of support, lives idly, and neither uses or 
 exercises any ordinary or daily lawful trade, or 
 business, to get [his] living by ; during which time 
 he shall faithfully serve the said D B, and obey all 
 his lawful commands, not wasting any of his goods, 
 nor doing any damage to him whatever ; and the 
 said D B, on his part, doth hereby covenant and 
 engage to pay to the said overseers, for the service 
 of the said A B, for the term aforesaid, the sum of 
 —, to be improved by the said overseers for the 
 support of said A B’s family, (if he have any, if 
 not, say , to be laid out at the discretion of the said 
 overseers for the use and benefit of the said A B.) 
 In testimony whereof the parties aforesaid have 
 hereunto interchangeably set their hands and seals, 
 the day and year above written. 
 
 Signed, sealed and delivered f | B T. (l. s.) 
 
 P W. (l. s.) 
 S M. (l. s.) 
 D B. (l. s.) 
 
 S D F. 
 ME. 
 
 J 
 
 An Indenture to hind as a Servant , a Minor , under 
 
 the age of fourteen years. 
 
 This Indenture witnesseth , That A B, of, &c. by 
 these presents doth put and place his [or her] son C 
 B, a minor, under the age of fourteen years, as a. 
 
 10 
 
110 
 
 INDENTURES. 
 
 servant to 11 P, of, &lc. : the said G B after the 
 manner of a servant to dwell Avith and serve the said 
 R P, from the day of the date hereof, until the — 
 day of —, A D. —, at which time the said C B, if 
 he should be living, will be fourteen years of age. 
 During which term the said C B his said master 
 well and faithfully shall serve; he shall do no 
 damage to his said master, nor wilfully suffer any 
 to be done by others ; he shall not waste his mas¬ 
 ter’s goods, nor lend them unlawfully to any ; from 
 the.service of his said master he shall not absent 
 himself, but shall in all things behave himself as a 
 good and faithful servant ought, during the whole 
 time or term aforesaid. 
 
 And the said R P, on his [<9?* her] part, doth 
 hereby promise, covenant and agree, &c. (Here in¬ 
 sert the terms to be performed on the part of the mas¬ 
 ter.) In testimony , fyc. 
 
 If the Minor be bound by Guardian , say. 
 
 This Indenture witnesseth, That A B, of, &c. 
 guardian, legally appointed, of C D, a minor under 
 the age of fourteen years, son of E F, late of, he. 
 deceased, hath put and placed, and by these pre¬ 
 sents doth put and place the said C D, as a servant 
 to R P, of, he. ( as in the last form.) 
 
 If the Minor have no Parent or Guardian and is 
 to be bound ivith the approbation of the Selectmen , say, 
 
 This Indenture witnesseth , That C B, a minor 
 under the age of fourteen years, now resident in 
 son of A B, of, he. deceased, having no parent or 
 guardian, by these presents and with the approba¬ 
 tion of E F, G H, I K, Selectmen (or a major part 
 of the Selectmen) of the said town of —, doth put 
 and place himself as a servant to, he. (as before.) 
 
 After the signature of the parties, the Selectmen 
 should express their approbation as follows, viz. 
 
 We the subscribers, Selectmen of the town of—j 
 •having examined the terms of the foregoing deed, 
 
INDENTURES. 
 
 Ill 
 
 do hereby signify our approbation of the same, and 
 of the said — binding himself as therein mentioned. 
 
 E F. 
 
 G H. 
 
 I K. 
 
 An Indenture to bind as a Servant, a minor of the 
 age of fourteen years or upwards'.. 
 
 Th is Indenture witnesseth, That A B, of, he. hath 
 put and placed, and by these presents, doth put and 
 bind out his son, C B, and the said C B doth here¬ 
 by put, place and bind himself as a servant to R P, 
 to — (Here the particulars of his service may be 
 mentioned) and the said A B and C B do covenant 
 with the said R P, that he 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 presents, until 
 the — day of—, which will be in the year of our 
 Lord —, at which time the said C B, if he should 
 be living, will be twenty-one years of age. During 
 all which time or term the said C B his said master 
 as a servant will, &;c. (As in the first form, page 
 107, only instead of the word apprentice say ser¬ 
 vant.) 
 
 And the said R P on his part, doth hereby promise, 
 covenant and agree, he. (Here insert the terms to 
 be performed on the part of the master.) 
 
 In testimony, &, c. 
 
 If the minor be bound by a guardian , or having 
 no parent or guardian, bind himself with the appro¬ 
 bation of the Selectmen, say as in the form preceding 
 the last. 
 
 An Indenture to bind as an At prentice, a minor un¬ 
 der the age of fourteen years. 
 
 1. By his Parent. 
 
 This Indenture witnesseth, That A B, of, he. hath 
 put and placed, and by these presents doth put and 
 place his (or her) son C B. * * * * 
 
U2 
 
 indentures: 
 
 2. By his Guardian . 
 
 This Indenture ivitnesseth , That A B, of, &c. 
 guardian, legally appointed, of C F, a minor, un¬ 
 der the age of fourteen years, son of E F, late of, 
 &e. deceased, hath put and placed, and by these 
 presents doth put and place the said C F. * * 
 
 3. Having no parent or guardian , by himself, with 
 
 the approbation of the Selectmen of the town 
 
 where he resides. 
 
 This Indenture ivitnesseth, That C B, a minor 
 under the age of fourteen years, now resident in, 
 he. a son of A B, of, &c. deceased, having no pa¬ 
 rent or guardian, hath put and placed, and by these 
 presents, and with the approbation of E F, G H, 
 and I K, Selectmen (or a major part of the Select¬ 
 men) of the said town of — ? doth put and place 
 himself * * * * as an appren¬ 
 
 tice to R P, of, &lc. to learn the art, trade or mys¬ 
 tery (so far as the said apprentice be capable to 
 learn) of —. The said C B after the manner of 
 an apprentice to dwell with and serve the said R P, 
 from the day of the date hereof, until the — day of 
 —, which w ill be in the year of our Lord one thou¬ 
 sand eight hundred and —, at which time the said 
 apprentice, if he be living, will be fourteen years of 
 age. During all which time, he. (as in page 107.) 
 
 In testimony, fyc. 
 
 If the minor bind himself, with the approbation 
 of the Selectmen, their approbation should be ex¬ 
 pressed at the foot, thus : 
 
 We the subscribers, Selectmen of the town of —, 
 having examined the terms of the foregoing deed, 
 do hereby express our approbation of the same, 
 and of tile said C B’s binding himself as therein 
 mentioned. E F. 
 
 G H, 
 IK. 
 
INDENTURES. 
 
 ns 
 
 An Indenture to bind as an Apprentice a minor of 
 fourteen years old and upwards. 
 
 1. By his Parent. 
 
 This Indenture , fyc. (as in the common form , page 
 106.) * * * 
 
 2. By his Guardian. 
 
 This Indenture witnesseth , That A B, of, he. 
 guardian, legally appointed, of C F, a minor up¬ 
 wards of fourteen years of age, son of E F, late of, 
 &c. deceased, hath put and placed, and by these 
 presents, with the consent of the said minor, which 
 he expresses by his signature hereto, doth put and 
 place him the said C F, as an apprentice, &ic. (as 
 in the form aforesaid , page 107.) 
 
 3. By himself with the approbation of the Selectmen. 
 
 This Indenture witnesseth , That C D, a minor 
 upwards of fourteen years of age, now resident in 
 —, a son of, he. deceased, having no parent or 
 guardian, hath put and placed, and by these pre¬ 
 sents, with the approbation of E F, G H, and I K, 
 Selectmen, (or a major part of the Selectmen) of the 
 said town of —, doth put himself as an apprentice 
 to, &£c. (as in the form aforesaid , page 107.) 
 
 At the foot of this indenture the Selectmen should 
 certify as follows: 
 
 We the subscribers. Selectmen of the town of — r 
 having examined the terms of the foregoing deed,, 
 do hereby express our approbation of the same,, 
 and of the said C D’s binding himself as therein 
 mentioned. E F. 
 
 G H. 
 
 I K, 
 
 10* 
 
114 PROBATE. 
 
 OF WILL AND TESTAMENTS, he. 
 
 A will is a declaration of the mind, either by word 
 or writing, in disposing* of an estate ; and to take 
 place after the death of the testator. 
 
 He who makes the testament, is called the testa¬ 
 tor ; and when a man dies without a will, he is said 
 to die intestate. Bac. Abr. 
 
 A codicil is a supplement to a will, and to be 
 taken as a part of the will itself, being for its expla¬ 
 nation or alteration. 
 
 A nuncupative will extends only to the personal 
 property of the testator, and is his intentious declar¬ 
 ed in his last hours, before a sufficient number of 
 witnesses, and afterwards reduced to writing. 
 
 By the laws of this State it is provided, that every 
 person of the age of 21 years, and of sane mind, 
 lawfully seized of any lands, tenements, or heredit¬ 
 aments, within this State, in his or her own right in 
 fee simple, or for the life or lives of any other per¬ 
 son or persons, and every person as aforesaid, being 
 the owner of any personal estate, may give, dispose^ 
 of, and devise said real and personal estate by his 
 or her last will and testament in writing, to and 
 among his or her children or others, as he or she 
 may see fit. 
 
 Further , That all wills of lands, he. shall be 
 in writing, and signed by the party, so devising 
 or bequeathing the same, or by some person in 
 his presence, and by his express direction, and 
 shall be attested and subscribed in the presence of 
 the testator, by three credible witnesses, or the same 
 shall be utterly void. 
 
 Further , That notwithstanding this act,any soldier 
 being in actual military seivice, or any mariner, or 
 seaman being at sea, may dispose of his moveables, 
 wages and other personal estate, as he might have 
 done before the making of this act. 
 
 Further , That no nuncupative will shall be good, 
 where the estate thereby bequeathed shall exceed 
 
 
PROBATE. 
 
 115 
 
 the value of one hundred dollars, that is not proved 
 by the oath of three witnesses, who w ere present at 
 the making thereof, nor unless it be proved that the 
 testator, at the time of pronouncing the same did 
 bid the persons present, or some of them, to bear 
 witness that such was his will, or to that effect, nor 
 unless such nuncupative will were made in the time 
 of the last sickness of the deceased, and in the house 
 of his or her habitation or dwelling, or where he or 
 she had been resident for the space of ten days or 
 more, next before the making of such w ill ; except 
 where such person w as unexpectedly taken sick, be¬ 
 ing from home, and died before he or she returned 
 to the place of his or her habitation. 
 
 Further , That after six months shall have passed, 
 after speaking any pretended testamentary words, 
 no testimony shall be received to prove the same as 
 a nuncupative will, unless the said words or the sub¬ 
 stance thereof, were reduced to w riting within six 
 days after the same testamentary words were spoken. 
 
 Further , That whenever any executor or execu¬ 
 tors of the last will of any person deceased, know¬ 
 ing of their being so named and appointed, shall 
 neglect to cause such will to be filed within thirty 
 days next after the death of the testator in the Pro¬ 
 bate office, of the county where he last dwelt, and 
 proved and recorded within such time as the judge 
 of Probate shall limit and appoint ; or present the 
 said will, and in writing declare his, her, or their 
 refusal, every executor so neglecting his or her 
 trust and duty in that behalf (without just excuse 
 madr and accepted by the judge of Probate for such 
 delay) shall forfeit a sum not exceeding sixteen dol¬ 
 lars a month, from and after the time limited as 
 aforesaid, until he, she or they shall cause said will 
 to be filed and probate thereof to be made, or present 
 the same as aforesaid. 
 
 Further , That the widow in all cases mav wave 
 the provision made for her in the will of her deceased 
 husband, and claim her dower and have the same 
 
116 
 
 probate: 
 
 assigned her in the same manner as though her hus¬ 
 band had died intestate. 
 
 Further , That when a man and his wife shall be 
 seized of lands, tenements and hereditaments, in her 
 right in fee, and issue shall be born alive of the 
 body of such wife, that may inherit the same, and 
 such wife shall die, the husband shall have and hold 
 such estate during his natural life, as tenant by 
 courtesy. 
 
 No. I. 
 
 Form of a last Will and Testament . 
 
 I, A B, of —, in the county of —, [addition] 
 knowing the uncertainty of life, and being desirous 
 of controling the distribution of my property, do 
 make, publish and declare the following as my last 
 will and testament. 
 
 First. I give and bequeath to my beloved wife, 
 E, [the use, during her life, (or widowhood) of all 
 my plate and household goods (except as is hereaf¬ 
 ter excepted) —also one third part of my homestead, 
 or the farm whereon I now live, with (one half of 
 or — rooms in) my dwelling house, standing there¬ 
 on, with the privileges, &c.] 
 
 Secondly. I give to my son A B, the sum of—. 
 (or as the case may be.) 
 
 Thirdly. I give and bequeath to my daughter 
 C B, my silver tankard, &;c. 
 
 Fourthly. I give and devise to my son D B, mv 
 farm at —, and — acres of land at — : To have 
 and to hold the same to him, the said D B, his heirs 
 and assigns forever. 
 
 Fifthly. I give and bequeath to my daughter, 
 E B, the sum of—: This and the other legacies 
 abovementioned, to he paid by my executor hereaf¬ 
 ter named in one year after my decease. 
 
 I give to my son, A B aforesaid, all the debts, 
 that may be owing to me at the time of my decease. 
 
PROBATE. 
 
 117 
 
 I also give and devise to the said A B, the residue, 
 viz. two-thirds of my homestead aforesaid ; and af¬ 
 ter the death of my said w ile, the other third there¬ 
 of: To have and to hold to him, his heirs and assigns 
 forever ; he paying to my children hereafter named, 
 in one year after my decease, the sums following, 
 viz, : To my son, J B, the sum of —, and to my 
 daughter, M B, the sum of — : And after the death 
 of my wife the further sums, as follows, viz. **** 
 
 I also give to my said son, A B, all my estate, 
 both real and personal, not herein before disposed 
 of, wherever the same may be found. To have and 
 to hold to him, his heirs and assigns forever; he 
 paying all my debts, funeral charges and expenses 
 of the probate of this my last will and testament. 
 
 Lastly. I do constitute and appoint my said son, 
 A B, sole executor of this my last will and testa¬ 
 ment. In testimony whereof, I have hereunto set 
 my hand and seal, this — day of—, in the year of 
 our Lord one thousand eight hundred and —. 
 
 A B. (l.s.) 
 
 Signed and sealed by the said A B, and by him 
 declared to be his last will and testament, in our 
 presence ; and we, and each of us, in his presence, 
 and in the presence of each other, at the same time 
 subscribed our names as witnesses. 
 
 (Signed.) Three Witnesses. 
 
 Note. The forms of wilts must ever vary according to circumstan¬ 
 ces, except in the signing, sealing, publishing, &c. therefore it is not ma¬ 
 terial nor is it indeed possible, that there should beany precise form. 
 
 No. II. 
 
 A Cod icily or addition to a Will. 
 
 I, A B, of &lc. do make, publish and declare this 
 codicil to my last will and testament, in manner fol¬ 
 lowing, viz. : 1 give to my niece, M E, one gold 
 watch, one large diamond ring, and one silver coffee 
 
118 
 
 PROBATE, 
 
 pot. And whereas, in my last will and testament* 
 I gave to my daughter, M B, the sum of —, I do 
 hereby declare, that my will is, that the further sum 
 of — be paid to her, in addition to the said legacy, 
 which 1 have as aforesaid bequeathed to her ; the 
 same to be paid to her by my son, A B, named 
 therein as executor of my last will and testament, 
 in one year after my decease. 
 
 Lastly. It is my desire, that this my present 
 codicil be annexed to, and make a part of my last 
 will and testament, to all intents and purposes. 
 
 In witness, fyc. A B. (l.s.) 
 
 Signed, sealed, published and declared by the 
 above named A B, as a codicil to be annexed to his 
 last will and testament, in presence of 
 
 (Signed.) Three Witnesses. 
 
 Notk. Whim a will, as aforesaid, is presented for brobate, the same 
 being filed in the Probate Office, the judge issues a citation to the heirs, 
 &c to be present when the will is to be proved : and also a notice to be 
 printed in a newspaper of the time and place assigned for taking proof 
 of the same. If proved, a certificate thereof is annexed by the judge, 
 and a letter testamentary granted, upon the executor’s giving bonds, as 
 required by law. 
 
 No. III. 
 
 Executor's Bond. 
 
 Know all men by these presents, that we -, 
 
 within the State of Maine, are held and stand firmly 
 bound and obliged unto —, Esquire, Judge of Pro¬ 
 bate of wills, and for granting administration with¬ 
 in the county of—, in the full and just sum of — 
 dollars, to he paid to the said —, and his successors 
 in said office : To the true payment whereof, we do 
 bind ourselves and each of us, onr, and each of our 
 heirs, executors and administrators, jointly and sev¬ 
 erally, by these presents. Sealed with our seals. 
 
 Dated the — day of—, in the year of our Lord 
 one thousand eight hundred and —. 
 
 The condition of this obligation is such, that if 
 the above bound A B, execut of the last will and 
 
PROLATE. 
 
 119 
 
 testament of C D, late of—, in said county of —, 
 deceased, do make or cause to be made, a true and 
 perfect inventory of all and singular the real estate, 
 goods and chatties, rights and credits of the said 
 deceased, which have or shall come to the hands, 
 possession or knowledge of the said Execut or in¬ 
 to the hands, or possession of any other person or 
 persons for and the same so made, do exhibit or 
 cause to be exhibited into the registry of the Court 
 of Probate, of the said county of—, within three 
 months from the date hereof; and the same goods 
 and chattels, rights and credits, and all other the 
 goods and chattels, rights and credits of the said 
 deceased, at the time of death, or which at any 
 time after shall come to the hands and possession of 
 the said Execut or into the hands and possession 
 of any other person or persons for , do well and 
 truly administer according to said will: And further* 
 do make or cause to be made a just and true account 
 of said administration upon oath, within one year 
 from the date hereof; and all the rests, residue and 
 remainder of said goods and chattels, rights and 
 credits, which shall be found remaining upon said 
 account, the same being first examined and allowed 
 by the Judge of Probate for the time being, shall 
 deliver, or pay unto ^uch person or persons respec¬ 
 tively, as may be lawfully entitled thereto, or as the 
 said Judge by his decree or sentence, pursuant to 
 law, shall order and direct: Then the above written 
 obligation to be void and of none effect, or else to 
 remain in full force and virtue. 
 
 Signed, sealed , <§*c. 
 
 Note. The executonnay know his legal duties from the obligation 
 ef the bond. 
 
120 
 
 PROBATE. 
 
 IV. 
 
 Condition of an Executor's Bond to pay debts and 
 
 legacies. 
 
 O 
 
 The condition of this obligation is such, that if 
 the above bound —, Execut — of the last will and 
 testament of —, late of —, deceased, his heirs, 
 executors or administrators, do well and truly pay, 
 or cause to be paid, the said deceased’s debts and 
 legacies, and faithfully fulfil his said Will, and ad- 
 administer — estate according thereto, and render 
 upon oath a just and true account of — proceedings 
 thereinwhen thereto lawfully required; then the above 
 written obligation to be void, otherwise to remain in 
 full force and virtue* 
 
 Signed, sealed and delivered, } 
 in presence of us. ) 
 
 y. 
 
 Application of a widow who waives the provision 
 
 made for her by will. 
 
 To the Hon. Judge of Probate for the County 
 of —. 
 
 A B, widow of C B, late of —, in said County, 
 Esquire, deceased, testate, respectfully represents, 
 that the said C B, in and by his last will and testa¬ 
 ment, made provision for your petitioner, which is 
 not satisfactory to her. She therefore waives the 
 provision made as aforesaid, and claims her dower 
 of said deceased’s estate, agreeably to law. 
 
 A B. 
 
 Dated he. 
 
 VI. 
 
 Relinquishment of Executorship. 
 
 To the Hon. Judge of Probate for the County of 
 • ♦ 
 
 The subscriber respectfully represents, that, in 
 the last will and testament of C D, late of—, de- 
 
PROBATE. 
 
 121 
 
 ceased, he was named as Executor of the same : 
 That it is inconvenient for him to accept and dis¬ 
 charge the duties of said trust, and therefore declines 
 the same. 
 
 Dated, &c. A B. 
 
 Note. When the person, named as executor, refuses the trust, the 
 Judge of Probate shall commit administration of the estate of the de¬ 
 ceased, with the will annexed unto the widow or next of kin to the de¬ 
 ceased, oi one or more of the devisees, or in case of their refusal, to one 
 or more of the principal creditors, as he shall think fit. 
 
 VII. 
 
 Petition for filing and recording copy of a Will 
 proved without the State . 
 
 To the Hon. Judge of Probate for the county of 
 " • 
 
 A B, of—, executor of the last will and testament 
 of C D, late of—, (or an heir , or creditor, as the 
 case may he) respectfully represents, that the said 
 C D has deceased, testate ; that his last will and 
 testament has been duly proved and allowed (here 
 insert the Court in which said will was proved and. 
 allowed,) and that letters testamentary have been 
 granted to him by said Court ; a copy of which 
 will, and of the Probate thereof, and also of the letter 
 testamentary, under the seal of the said Court,'is 
 herewith produced: that said testator died possessed 
 of (real, or personal estate, as the case may be, with 
 a description of the estate and where situated,) where¬ 
 on the said will operates, and administration ought 
 to be had according thereto. Your petitioner there¬ 
 fore requests, that the copy of said will and probate 
 may be fded and recorded in the Probate office of 
 said county of —, and such other proceedings had 
 thereon as the law in such cases provides. 
 
 A B. 
 
 Dated, fyc. 
 
 II 
 
PROBATF. 
 
 Note. Upon petition, as above, (a copy of the will, and of the Pro¬ 
 bate thereof, duly certified, being produced in the Court of robate for 
 the county where the estate lies) the Judge will order a notice to be 
 printed in some public newspaper, three weeks successively; after which 
 if proved and allowed to be recorded, the Judge may proceed to take 
 bond of the executor, or grant administration of the ^aid testator’s es¬ 
 tate, lying in this State with the will annexed, and settle the said estate 
 in the same way and manner, as by law, lie may or can, the estates of 
 testators, whose wills have been duly proved before him. 
 
 VIII. 
 
 Application for Dedimus Potestatein, to take deposi¬ 
 tion of witnesses to a will , living without the State , 
 or more than thirty miles distant, fyc. 
 
 To the Hon. Judge of Probate for the County 
 of —. 
 
 A B, executor of the last will and testament of C 
 D, late of —, deceased, presents for probate the said 
 will and represents that E F, G H and J K, the 
 subscribing witnesses thereto, live at —, without 
 th is State (or reside at —, more than thirty miles 
 distant from the Probate office in said county, or by 
 reason of age or indisposition of body) and are una¬ 
 ble to appear and give evidence in court. 
 
 He therefore requests that your honor would au¬ 
 thorize by Dedimus Potestatem some magistrate to 
 take the deposition of the said witnesses in writing, 
 respecting the execution of the said will, and cause 
 the same to be returned to you, as soon as may he. 
 Dated &;c. A B, 
 
 IX. 
 
 Petition for Division. 
 
 To the Hon. Judge of Probate for the County of 
 
 A B, of —, in said county of —, respectfully rep¬ 
 resents that he is seized, as an heir with others —, 
 of the real estate whereof C D, late of —, in said 
 county of —, died seized and possessed ; that his 
 portion of the same is — part which he is desirous 
 
PROBATE. 
 
 123 
 
 of holding and possessing in severalty. He there¬ 
 fore requests that your honor would grant a warrant 
 to suitable persons, authorizing them to make a di¬ 
 vision of said estate, and set off to each heir his 
 proportion in the same. 
 
 Dated, Ssc. A JB. 
 
 X. 
 
 Another by Devisee. 
 
 To the Hon. Judge of Probate for the County of 
 
 *" • 
 
 A B, of—, respectfully represents, that as devisee, 
 and bv force of the last will and testament of C D, 
 
 of Sic. beholds-in common with E F, &c. and 
 
 is desirous that his share thereof may be set off to 
 him to hold in severalty. He therefore requests 
 that your honor would cause a division of the same 
 to be made as the law in such case provides. 
 
 Dated, Sic. A B. 
 
 Note. Application being made as above, the Judge is authorized 
 and bound by law, to issue his warrant to three discreet disinterested 
 freeholders, who shall be under oath, empowering them to make division 
 according to the will, or to the laws regulating the descent and distri¬ 
 bution of intestate estates, &c. and to make return of their doings into 
 the probate office as soon as ma} r be, which return being accepted by the 
 judge and recorded, the business is completed. If an heir or devisee, 
 interested in the same, is out of the State, the Judge may appoint a 
 person to attend at the division. The commissioners must also exhibit 
 an account of the charges of division, which, after notification underthe 
 hand of the Judge to those interested, if reasonable, is allowed ; and if 
 any one interested neglects or refuses to pay his just proportion of such 
 charges, upon complaint to the Judge, an order of notice is passed, and 
 a warrant of distress afterwards issued thereon. 
 
 XI. 
 
 Commissioners' Return. 
 
 Pursuant to the? annexed warrant, we, the under¬ 
 signed commissioners, having notified E F, G R, J 
 K, &c. heirs (and L M, t nant in common , where the 
 estate is in common) who were present (state who 
 vjere present) have appraised all the real estate of 
 
124 
 
 PROBATE. 
 
 which the said S H died seized and possessed, as 
 follows, viz. (including , or excluding the reversion of 
 the widow’s dower , according to the tenor of the 
 warrant.) 
 
 One lot of land situated in said —, bounded as 
 follows— (here give a description as in a deed) hav¬ 
 ing completed the appraisement and description of 
 the several lots of land—then proceed. 
 
 We have also set off to E H, eldest son of said 
 deceased, the following described piece or parcel— 
 (the description ought to be accurately and definitely 
 made : proceed in the same way with all the heirs, 
 unless it is found necessary to set off to one a piece of 
 land , or other tenement of 'greater value than his 
 share—in which case say :) 
 
 And whereas the following described piece ofland, 
 (here describe it) cannot without great inconvenience 
 be subdivided, and is of greater value than the share 
 of an heir : We have set off the same to G H, and 
 do award that he pay the sum of — dollars toM H, 
 one of the heirs of said deceased in such manner and 
 time as the Judge of Probate may direct. 
 
 (Or if after the completion of the appraisment and 
 particular description of the land , they shall be of 
 opinion that division cannot be made , they may add:) 
 and we are of opinion that the said real estate can¬ 
 
 not be divided among the heirs (or devisees) without 
 
 GR. > Commissioners. 
 
 XII. 
 
 Complaint against one who refuses to pay his propor¬ 
 tion of the charges of division. . 
 
 To the Hon. Judge of Probate for the county of 
 ’ rmmm • • 
 
 A B, of—, complains, that C B, of—, has neg¬ 
 lected, and does still neglect to pay his proportion. 
 
PROBATE. 
 
 125 
 
 being— part of the charge of dividing the real es¬ 
 tate of E B, late of —, as settled and allowed by 
 your honor, on the —day of — 
 
 He therefore prays of your honor, to grant him a 
 warrant of distress against the said C B, for thesaid 
 sum of—, together with the costs of this complaint, 
 and of the proceedings that may be had thereon. 
 Dated, &lc. A B. 
 
 XII. 
 
 Nuncupative Will. 
 
 Bequeathing estate in value exceeding 100 dollars. 
 
 A B, C D, and E F, severally make oath, that 
 on the — day of — last, they were at the dwelling- 
 house of G H, late of—, now deceased, (or in the 
 house of—, where G H, late of —, now deceased, 
 bad been resident for the space of ten days or more, 
 or, where G H, late of —, now deceased, was unex¬ 
 pectedly taken sick and died before he returned to 
 the place of his habitation, as the case may be) and 
 in the presence of said deceased, who was then in 
 his last sickness, but of sane mind, did hear him de¬ 
 clare as his last will, That, &£c. (Here insert the sub¬ 
 stance of the words spoken by the testator,) and the 
 said G H did then and there, at the time of his pro¬ 
 nouncing the same, bid us (or some of us, or of the 
 persons present) in our hearing, to bear witness that 
 such was his last will.* A B. 
 
 C D. 
 
 E F. 
 
 *The will having been sworn to by the several witnesses, in Probate, 
 Court, the Judge then issues notice to all who are interested therein ; 
 after which, if no sufficient objections are made to the same, it is appro¬ 
 ved and recorded. The probate of a nuncupative will, where the estate 
 bequeathed does not exceed 100 dollars, is nearly the same as above, 
 except that slighter testimony than that of three witnesses may be ad¬ 
 mitted to prove the same. 
 
 ——f 
 
 OF ADMINISTRATIONS, &c. 
 
 It is by law provided, That after the decease of 
 any person intestate, administration of such intestate’s 
 
 11* 
 
126 
 
 PROBATE. 
 
 goods and estate shall be granted unto his widow or 
 next of kin, upwards of twenty-one years of age, or 
 to both, as the Judge of Probate shall think fit ; 
 and an inventory shall be taken of all the real es¬ 
 tate, goods and chattels, rights and credits of the 
 deceased, within three months, by three suitable 
 persons, appointed by the Judge of Probate, who 
 shall be sworn to the faithful discharge of their trust, 
 &c. 
 
 XIII. 
 
 Relinquishment of right to administer , and request 
 that another person may be appointed. 
 
 To the Hon. Judge of Probate for the coun¬ 
 ty of—. 
 
 The subscriber respectfully represents, that it is 
 inconvenient for him to administer on the estate of 
 A B, late of —, deceased ; and therefore requests 
 your honor to appoint some other person (or C D, 
 naming some one) to that trust. E B. 
 
 XIV. 
 
 Administrator's Bond. 
 
 (Obligation as in Executor’s Bond.) 
 
 The condition of this obligation is such, that if 
 the above bounden Administrat of all and singu¬ 
 lar the goods and estate of —, late of —, in said 
 county of .—, deceased, do make, or cause to be 
 made, a true and perfect Inventory of all and singu¬ 
 lar the real estate, goods and chattels, rights and 
 credits of the said deceased, which have or shall 
 come to the hands, possession or knowledge, of the 
 said Administrat or into the hands or possession of 
 any other person or persons for — and the same so 
 made do exhibit, or cause to be exhibited upon oath 
 into the Registry of the Court of Probate of the 
 said county of—, at or before the — day of— next 
 ensuing ; and the same goods and chattels, rights 
 
T 
 
 PROBATE. 
 
 12? 
 
 and credits, and all other the goods and chattels, 
 rights and credits of die said deceased, at the time of 
 
 _death, which at any time after shall come into 
 
 the hands and possession of the said administrat 
 or into the hands and possession of any other person 
 or persons for the said administrat do well and 
 truly administer according to law: And further, 
 do make or cause to be made, a just and true ac¬ 
 count of — said administration upon oath on or be¬ 
 fore the — day of —, which will be in the year of 
 our Lord, one thousand eight hundred and — : And 
 all the rest, residue and remainder of the said goods 
 and chattels, rights and credits, which shall be found 
 remaining upon the said Administration account 
 (the same being first examined and allowed by the 
 Judge, for the time being of Probate of Wills and 
 for granting Administrations within the county of 
 — aforesaid) shall deliver and pay unto such person 
 or persons respectively, as the said Judge, by his 
 decree or sentence pursuant to law shall limit and 
 appoint: And if it shall hereafter appear that any 
 last will and testament was made by the said deceas¬ 
 ed, and the executor or executors therein named do 
 exhibit the same in the Court of Probate of the said 
 county of—, making request to have it allowed and 
 approved accordingly; if the said administrat 
 above bounden, being thereunto required, do render 
 and deliver the said letter of Administration (appro¬ 
 bation of such testament being first had and made) 
 into the said Court: then the before written obliga¬ 
 tion shall be void and of none effect, or else shall 
 abide and remain in full force and virtue. 
 
 Sealed and de , 
 
 m presence 
 
 Note. A letter of administration somewhat resembles a general 
 power of Attorney, in matters relating to the premises, and contains a 
 recital of the duties devolving upon the person appointed to that trust. 
 Administration de bonis non , is where the administrator before appoint¬ 
 ed, neglects, refuses, or is unable, to complete the administration; for 
 which reason it is committed to another: As, incase of living out of the 
 Government , and neglecting to render account , becoming insane, want 
 of ability, or Death. De bonis non is the contraction of a Latin sen- 
 
PROBATE. 
 
 tence signifying, of the goods and estate not yet administered. When 
 an Executor dies, or neglects, &c. the will is annexed to the letter of ad¬ 
 ministration, and it is theli called administration de bo?iis non with the 
 will annexed. 
 
 XV. 
 
 Inventory. 
 
 An Inventory of the estate of C D, late of —, in 
 the county of —, deceased, taken pursuant to (the 
 annexed) warrant [of the Judge.] 
 
 Real Estate. 
 
 Two hundred acres of land, situated in said —, 
 and bounded as follows : (here describe the bounda¬ 
 ries,) being the homestead of said deceased, together 
 with a two story dwelling house, &c. thereon, 
 
 $ 2500 00 
 
 One third part of a lot of land in com¬ 
 mon and undivided with R I, containing 
 100 acres in the whole, 100 00 
 
 One Pew in the — meeting house of 
 the — parish, being No. —, 40 00 
 
 Personal Estate. 
 
 $2640 00 
 
 (Under this denomination are to be included all 
 hinds of merchandize, household furniture, produce, 
 tools, books, clothing, stocks, notes, accounts, money, 
 arranged separately.) 
 
 Dated, fyc. 
 
 | Appraisers. 
 
 XVI. 
 
 Return of a Committee appointed to set off the 
 
 Widow's Dower. 
 
 Pursuant to the annexed warrant the undersigned 
 Committee have appraised all the real estate, of 
 which C D, late of —, deceased, died seized and 
 possessed, as follows, viz. 
 
PROBATE. 
 
 129 
 
 Two hundred acres of land, situated in said —, 
 and bounded as follows, (here describe the bounda¬ 
 ries.) being the homestead of said deceased, together 
 with a two story dwelling house, &c. thereon. 
 
 Value. Income. 
 
 Appraised at $ 2500 00 $ 69 00 
 
 One third part, &tc. 100 00 00 00 
 
 Pew 40 00 6 00 
 
 $2640 00 $75 00 
 
 One third part of the Income is $25 00 
 
 We do set out to the said G H for her Dower, 
 the following described parcels of the real estate 
 aforesaid, (here give the description.) 
 
 Dated , fyc. 
 
 Note. Every administrator is held by law to account with the Judge 
 of Probate, for the personal estate of the deceased, according to ap¬ 
 praisement, unless the Judge shall think it more for the benefit of the 
 parties interested, otherwise to dispose of the same at public auction, 
 or private sale : Provided always. That such sale be ordered within the 
 term of three months from the return of the Inventory, and not after¬ 
 wards, unless the Judge of Probate shall, for special reasons, think 
 proper to allow a further term, not exceeding six months. 
 
 XVII. 
 
 Account of sales of personal estate , by order of the 
 
 Judge. 
 
 The following is a true account of the sales of 
 sundry articles of—, (particularize the same) the 
 personal estate of E B, late of —, in the county of 
 —, deceased, as the same were (or was) struck off 
 at a public vendue, held at said —, on —, by order 
 of the Hon. -—, Esq. Judge of the Court of Pro¬ 
 bate. within and for the countv aforesaid. Dated 
 ' %/ 
 
 the —day of — : viz. 
 
 1 yoke of working oxen, sold to —, for $80 00 
 1 saddle horse, to —, for - < 75 00 
 
 Amounting in the whole to the sum of $155 00 
 
130 
 
 PROBATE. 
 
 XVI11. 
 
 Complaint to the Judge against one who has been 
 entrusted with part of the deceased’s estate , and 
 refuses to render account . _ 
 
 To the Hon. —, Esq. Judge of Probate for the 
 county of — 
 
 Complains upon oath, C D, executor of the last 
 will and testament (or administrator upon the estate) 
 of A B, late of —, he deceased, that he sometime 
 since, entrusted E F, of —, he with — part of the 
 estate of the said A B, deceased, and that the said 
 E F has refused to render account thereof to your 
 complainant,although he has been requested so to do. 
 
 Wherefore he requests that the said E F may be 
 convened before your honor, to render such account 
 as by law he ought. C D. 
 
 Dated , <^c. 
 
 XIX. 
 
 Complaint against one who is suspected of conceal¬ 
 ing the goods of a person deceased , or of any lu¬ 
 natic , &fC. 
 
 To the Hon. —, Judge of Probate for the Coun¬ 
 ty of —. 
 
 Complains upon oath, C D, executor of the last 
 will and testament [or administrator upon the es¬ 
 tate, or guardian of —, or heir, creditor, or — as 
 the case may be) of A B, late of —, he. that he has 
 good cause to suspect and does suspect that E F, of 
 —, has concealed, embezzled or conveyed away — 
 part of the estate of the said deceased (or estate of 
 — as the case may be ) Wherefore he requests that 
 the said E F may be cited before your honor, to be 
 examined concerning the premises, or otherwise 
 dealt with as the law in such case directs. 
 
 Dated &c. 
 
 
 C D. 
 
I 
 
 PROBATE. 131 
 
 XX. 
 
 ACCOUNTS. 
 
 1. The first Account of A B, administrator on the 
 estate of CD, late of —, fyc. deceased. 
 
 The said Accountant charges himself with the 
 personal estate of the said deceased, amounting, as 
 per Inventory, to the sum of 812 00 
 
 The rent of —, leased to G H, 30 50 
 
 $842 50 
 
 And prays allowance of the following 
 charges and payments, viz. (here specify 
 Funeral expenses, doctor’s bill, expenses 
 of administration, attendance, debts paid, 
 and to whom, &c.) 416 25 
 
 Balance to be paid to the widow and 
 
 heirs, —-- 
 
 $426 25 
 
 A B 
 
 Dated &lc. 
 
 2. When the personal estate is not sufficient to pay 
 the debts , and real estate has been sold for that 
 purpose . 
 
 The second account of A B, administrator on 
 the estate of C D, late of —, &c. deceased. 
 
 The said Accountant charges himself wdth the 
 balance of his first account, being 426 25 
 
 The amount of real estate sold pursu¬ 
 ant to order of the Judge of Probate, 504 13 
 
 $930 38 
 
132 * 
 
 And prays allowance of the following 
 payments and charges, viz. (Here specify 
 the amount of debts and to whom paid , ex¬ 
 penses of sale , fyc.) 
 
 $930 38 
 A B. 
 
 Dated &zc. 
 
 3. When the estate is insolvent. 
 
 The third account of A B, administrator Szc. 
 The said accountant charges himself with the ba¬ 
 
 lance of his first account, being 426 25 
 
 Amount of what the real estate sold for, 
 viz. the homestead, sold to—, for 1075 10 
 
 Amount, 1501 35 
 
 And prays allowance as follows, viz : 
 
 Allowance to widow of said deceased, 
 by order of the Judge, 200 00 
 
 Paid for advertising sale of real estate, 75 
 
 Sundry probate fees, 2 00 
 
 His own services, he. 5 00 
 
 207 75 
 
 Balance to be distributed among cred 
 itors, 
 
 Dated he. 
 
 XXL 
 
 Representing an estate insolvent. 
 
 To the Hon. Judge of Probate for the County of 
 
 Humbly shews A B, of —, in said County, ex¬ 
 ecutor of the last will and testament (or adminis- 
 
 1293 60 
 AB. 
 
PROBATE. 
 
 133 
 
 trator on the estate) of C D, late of —, in said 
 County, deceased, that such are the condition and 
 circumstances of the said deceasd’s estate, (the par¬ 
 ticulars of which he is ready to shew) he is appre¬ 
 hensive that it will be insufficient to pay all the just 
 debts which the said deceased owed; he therefore rep¬ 
 resents the said estate as insolvent, and requests that 
 your honor would appoint commissioners to receive 
 and examine the claims of the several creditors 
 thereof. A B. 
 
 Dated, foe. 
 
 Note. Upon application, as above, the Judge appoints two or more 
 commissioners, who being sworn faithfully to discharge the trust repos¬ 
 ed in them, may proceed, after due notice, to receive and examine the 
 claims of creditors, and the creditors themselves, under oath, as to 
 the justness of their claims there exhibited. 
 
 xxn. 
 
 Oath required of a creditor. 
 
 You do swear (or affirm, as the case may be) that 
 you will make true answers to the questions, which 
 shall be asked you by the commissioners relative to 
 your claim against the estate of — (naming the de* 
 ceased insolvent debtor) now under considera¬ 
 tion. So help you God, (or this you do under the 
 pains and penalties of perjury.) 
 
 XXIII. 
 
 Advertisement of Commissioners. 
 
 We, the subscribers, having been appointed by 
 the Hon. — Esq. Judge of Probate for the county 
 of —, to receive and examine the claims of the sev¬ 
 eral creditors to the estate of C D, late of —, de¬ 
 ceased, represented insolvent, hereby give notice 
 that — months are allowed to said creditors to bring 
 in tfud prove their claims ; and that we shall attend 
 that service at — on the —, be. 
 
 Dated, foe. 
 
 Note. Six months, and such further time, as may be deemed nece&- 
 sar not exceeding eighteen months in the whole, shall be ailowed by 
 the judge to the creditors to bring in and prove their claims. 
 
 I 0> 
 
 I A* 
 
 N VJ u 
 
134 
 
 PROBATE. 
 
 XXIV. 
 
 Commissioners ’ Return. 
 
 To the Hon. Judge of Probate for the County of 
 
 We the subscribers, having been appointed by 
 you to receive and examine the claims of the sever¬ 
 al creditors to the estate of C D, late of —, deceas¬ 
 ed, and having given due notice of the same to the 
 said creditors, have attended to the service assigned 
 us, and now present a list of the claims which have 
 been laid before us, with the sums we have allowed 
 on each claim, as follows, viz. 
 
 A B’s allowed $ 
 
 C D’s allowed - 
 
 E F's allowed - 
 
 Amounting in the whole to the sum of $285 78 
 Dated, he. 
 
 Note. All charges incurred in settling the estate are to be settled by 
 the Judge ; and no claim can properly come before the commissioners, 
 except such as existed before the decease of the person, whose estate is. 
 represented insolvent. Claims for debts due to the State, arrears of tax¬ 
 es, doctors’ bills and other charges forattending the last sickness of the 
 deceased, and funeral charges belong to the account of administration. 
 
 XXV. 
 
 JYotice of a creditor whose claim is rejected. 
 
 To the Hon. Judge of Probate for he. 
 
 I, A B, of —, hereby give notice that the com¬ 
 missioners appointed to receive and examine the 
 claims on the estate of C D, late of —, have reject¬ 
 ed the whole (or part, viz. — dollars) of my claim 
 against said estate. I therefore hereby signify my 
 intention to bring and prosecute an action for said 
 claim, that the same may be determined according 
 to law. A B. 
 
 Dated, &c. 
 
PROBATE. 
 
 135 
 
 XXVI. 
 
 Notice of dissatisfaction with a claim , by an executor 
 
 or administrator. 
 
 To the Hon. Judge of Probate for he. 
 
 I hereby give notice that I am dissatisfied with the 
 claim ofE F, one of the creditors of-the estate ofC 
 D, late of—, deceased, as allowed by the commis¬ 
 sioners appointed to receive and examine the claims 
 of creditors to said estate. I therefore request that 
 the same may be struck from the report of said com¬ 
 missioners, unless the said E F shall prosecute the 
 same according to law. 
 
 Dated, he. A B. 
 
 XXVII. 
 
 The same notice to a Creditor. 
 
 To E F, one of the creditors to the estate of C 
 D, late of —, deceased. 
 
 I hereby notify you that I am dissatisfied with 
 your claim against said estate, as allowed by the 
 commissioners appointed to receive and examine 
 the claims of creditors to said estate, and have re¬ 
 quested the Judge of Probate to strike from the re¬ 
 port of said commissioners, unless you prosecute the 
 same according to law. 
 
 Dated, he. A B. 
 
 Note. Each of the foregoing notices must be given within twenty 
 days after the commissioners report. 
 
 XXVIII. 
 
 Note. A creditor and executor or administrator may agree before 
 the Judge to submit a disputed claim to referees, and the Judge may 
 grant a rule accordingly. 
 
 Report of Referees. 
 
 C—, ss. A. D. 18 . Pursuant to the within 
 
 (annexed or foregoing) rule : 
 
 We the referees therein named, having notified, 
 met and fully heard the parties, respecting the claim 
 
136 
 
 PROBATE. 
 
 thereby submitted to us, and duly considered the 
 same, are of opinion, and do accordingly report, that 
 there is due to the said A B, from the estate of the 
 said C D, deceased, the sum of — dollars (or as the 
 case may be.) 
 
 E F, G H, J K. 
 
 XXIX. < 
 
 Administrator's or Executor's petition for license to 
 
 sell Personal F.state. 
 
 To the Hon. Judge of Probate for Sic. 
 
 A B, administrator (or executor, fyc.) of the estate 
 of C D, late of —, in said county —, deceased, 
 respectfully represents, that the inventory of said 
 estate was duly returned into the probate office for 
 said county, within tSiree months last past (or for 
 reasons assigned within six months last past) : that 
 the personal estate returned in said inventory was 
 appraised f»»r more than its true value, (dr, that cer¬ 
 tain articles of the personal estate , are perishable and 
 are losing in value): He therefore requests your 
 honor to grant him license to s«ll the same, pursu¬ 
 ant to law in such case made and provided. 
 
 AB. 
 
 XXX. 
 
 Widow's petition for allowance of personal estate. 
 
 To the Hon. Judge of Probate for &ic. 
 
 A B, widow ofC D, late of —, in said county 
 —, deceased, prays your honor t< alio her, out ot 
 the personal estate, of which the sa d . U died pos¬ 
 sessed, her wearing apparel, and such further neces¬ 
 saries, as in your discretion,you may judge proper. 
 (Hire insert any particular circumstances , such as the 
 number of infant childrenunder her care , &*c.J 
 Dated, hi A B. 
 
PROBATE. 
 
 137 
 
 XXXI. 
 
 Petition for license to sell Lands. 
 
 To the Hon. Judge of Probate for the county of 
 -—, (or, To the Hon. Justices of the Supreme Judi¬ 
 cial Court, or, Court of Common Pleas.) 
 
 A B, administrator of the estate of C D, late of 
 —, in said county, deceased, respectfully represents: 
 That the personal estate of said deceased is insuffi¬ 
 cient to pay the just debts, which he owed at the 
 time of his death, by the sum of—, as by a certificate 
 from the Register of Probate, herewith produced, 
 will appear. 
 
 Your petitioner therefore prays that your Honor 
 would grant (him) license to sell and convey so 
 much of the real estate of said deceased, as may be 
 necessary for the payment of said debts, with inci¬ 
 dental charges. A B. 
 
 XXXII. 
 
 Petition for license to sell the whole of the real es¬ 
 tate, when by a partial sale the remainder would 
 be injured . 
 
 To the Hon. Judge of Probate for the county of—, 
 (or Justices of the S. J. Court, orC. of C. Pleas.) 
 A B, executor of the last will and testament (or 
 administrator on the estate) of C D, late of —, de¬ 
 ceased, respectfully represents, that the personal 
 property belonging to the estate of said deceased, 
 is insufficient to pay the just debts which said de¬ 
 ceased owed at the time of his decease, by the sum 
 of — dols.: that the whole of the real estate of said 
 deceased consists of—», and that by a partial sale 
 the residue thereof would be greatly injured. He 
 therefore requests your honor to grant him license 
 to sell the whole of the said —, agreeably to a law 
 in such cases made and provided. A B. 
 
 Dated, he. 
 
 12* 
 
138 
 
 PROBATE. 
 
 XXXIII. 
 
 Application for license to sell the reversion of the 
 
 uidoiv’s dower. 
 
 To the Hon. Judge of Probate for the county of—. 
 
 A B, executor of the last will and testament (or 
 administrator on the estate) of C D, late of —, de¬ 
 ceased, respectfully represents that the claims of 
 creditors on said estate, (which has been represented 
 insolvent) as allowed and exhibited by the Com¬ 
 missioners who were appointed to receive and 
 examine the same, amount to more than the personal 
 estate was sufficient to pay; that he has petitioned 
 the — Court, and obtained license to sell the real 
 estate of said deceased, consisting of —, except the 
 widow’s dower thereof; but as it is probable that 
 the same will not sell for a sum sufficient to pay the 
 whole of said claims, and that it would in his opin¬ 
 ion sell for a higher price, (or be more for the in¬ 
 terest of the creditors, he.) if the reversion of the 
 said dower were sold at the same time. He therefore 
 requests your honor to order him to sell the same, 
 according to law. A B. 
 
 Dated, he. 
 
 XXXIV. 
 
 Another , after sale of the real estate. 
 
 ' To the Hon. Judge of Probate, &c. 
 
 A B, executor of the last will and testament (or 
 administrator on the estate) of C D, late of —, de¬ 
 ceased, respectfully represents that the real estate of 
 said deceased, except the widow’s dower thereof, 
 has been sold, for payment of the claims on said 
 estate, as they have been allowed and exhibited by 
 commissioners, duly appointed to receive and ex¬ 
 amine the same; but that it did not sell for suffi¬ 
 cient to pay said claims by the sum of —. He 
 therefore requests your honor to order him to sell 
 the reversion of the said dower for that purpose, 
 agreeably to law. A B. 
 
 Dated, &c. 
 
139 
 
 PROBATE. 
 
 XXXV. 
 
 Petition for license to sell the real estate of a minor, 
 
 (or non compos.) 
 
 To the Hon. Justices of the S. J. Court, next to 
 be holden at —, in and for the county of —, on — 
 day of—, 18—. 
 
 A B, guardian of C D, a minor, and son of E F, 
 late 0 f — 9 deceased, respectfully represents, that the 
 said C D is interested in the real estate of said E F, 
 [here describe how he is interested , what the estate is, 
 and the circumstances attending it, fyc.) and that there¬ 
 fore it would be for the benefit of said minor (or non 
 compos) that his said interest in said estate should 
 be sold and the proceeds thereof secured to him on 
 interest. 
 
 Your petitioner therefore requests your honors to 
 grant him license to make sale of the same, agreea¬ 
 bly to the provisions of law. 
 
 Dated, &c. A B. 
 
 XXXVI. 
 
 Advertisement for the sale of real estate. 
 
 To be sold by order of Court, at the house of —, 
 on — the — day of — next, at — o’clock in the 
 — noon, — being ('part of, or) the real estate of C 
 D, late of —, deceased, ( or, of E F, a minor) or so 
 much thereof as will be necessary to pay the just 
 debts of said —, (or to pay for the support and le¬ 
 gal expenses of said minor, as the case may be) with 
 incidental charges. 
 
 } guardian, executor 
 Dated, &c. > or administrator, as 
 
 ) the case may be. 
 
 XXXVII. 
 
 Condition of Pond by an administrator, when he 
 sells more than sufficient to pay debts. 
 
 (Obligation as in Executor’s Bond.) 
 
 The condition of the above written obligation is 
 such* that whereas the above bounden —, as adrnin- 
 
no 
 
 PROBATE. 
 
 istrat of the estate of —, late of —, in said county 
 of—, at the (Court) holden at —, on the —, in — 
 last, obtained license to make sale of — [here de¬ 
 scribe the land according to the license—and after - 
 ivards add, “ because a partial sale thereof would 
 greatly injure the remainder.”] 
 
 Now, therefore, if the said — shall, in all things 
 relating to such sale, govern — by the laws of said 
 State; and shall observe the rules and directions of 
 the law for the sale of real estates by executors or 
 administrators; and* moreover, shall well and truly 
 apply the proceeds of such sale (or so much thereof 
 as shall be necessary) for the payment of the debts 
 of said deceased, and after paying legal expenses 
 and incidental charges, shall pay the balance to such 
 person or persons, as may be entitled to receive the 
 same; and thereof, and of — whole proceedings in 
 the premises, shall render (upon oath) a just and 
 true account to the Judge of Probate, for the time 
 being, of the same county; then the above obliga¬ 
 tion to be void, otherwise to remain in full force and 
 virtue. 
 
 Signed, sealed and delivered, ) 
 in presence of us. ) 
 
 XXXVIII. 
 
 Claim of an Appeal. 
 
 STATE OF MAINE. 
 
 C— ss. To the Hon. Judge of Probate for the 
 county of —. Whereas your honor did on the — 
 day of —, at a Probate Court held at —, order and 
 decree that ***** &c. And I, A B, consider¬ 
 ing myself aggrieved at the said order and decree, 
 do hereby claim an appeal from the same to the Su¬ 
 preme Judicial Court, the Supreme Court of Pro¬ 
 bate for the State aforesaid, which is next to be hol¬ 
 den at —,* within and for the County aforesaid, on 
 the — Tuesday of next. 
 
 Dated, &c. A B. 
 
PROBAfE. 
 
 141 
 
 XXXIX. 
 
 Reasons of Appeal. 
 
 A B, being interested in the estate of C D, late 
 of—, deceased, and having considered himself ag¬ 
 grieved at the order, sentence and decree of the Hon. 
 Judge of Probate for the said county of —, made 
 the — day of —, at a Probate Court held at —, 
 upon, viz. ***** and having claimed an appeal 
 from the said order, sentence and decree, and given 
 bond to prosecute the same as the law directs, now 
 files in the Probate office for said county his reasons 
 of appeal, as follows, viz. 
 
 1. Because ****** 
 
 2. Because ****** 
 
 Dated, &c. A B. 
 
 XL. 
 
 BONDS. 
 
 Bond on Appeal. 
 
 (Obligation the same as in Executor’s bond.) 
 
 The condition of the above written obligation is 
 such, That whereas the said A B, being interested in 
 the estate of C D, late of—, did on the — day of 
 —, from the order and decree of the Judge of Pro¬ 
 bate aforesaid, made and passed at a Probate Court, 
 held &zc. claims an appeal to the next Supreme Ju¬ 
 dicial Court, the Supreme Court of Probate which 
 is to be holden at —, within and for the county of 
 - on the — day of — next. 
 
 If therefore the above bounden A B, shall at the 
 said Supreme Court of Probate, prosecute said ap¬ 
 peal with effect, and pay all intervening costs and 
 damages, and such costs as the said Court shall tax 
 against him ; then the said obligation to be void and 
 of no effect, otherwise to remain in full force. 
 
 Signed , sealed and delivered 
 in presence of us. 
 
142 
 
 PROBATE 
 
 XLI. 
 
 OF GUARDIANS, ESTATES OF MINORS, 
 NON COMPOS PERSONS, &c. 
 
 The Judge of Probate in each county (in this 
 State) is empowered to allow of guardians, chosen 
 by minors of fourteen years of age, and to appoint 
 guardians for minors under that age, who are to 
 give bond with sufficient sureties, resident in this 
 State, for the faithful discharge of their trust, to re¬ 
 turn a true and perfect inventory of the estate of 
 such minor upon oath within three months, and to 
 account either with the Judge or minor when of age, 
 or at such other time as the Judge shall direct. If 
 a minor above the age of fourteen, neglects or refu¬ 
 ses to choose a guardian, or chooses one unable to 
 give bond as by law required, or is without the State; 
 in every such case the Judge shall appoint a guar¬ 
 dian as though such minor w'ere under the age of 
 fourteen. If minors, living more than ten miles dis¬ 
 tant from the Probate office, choose a guardian, they 
 may have that choice certified to the Judge by a Jus¬ 
 tice of the Peace. 
 
 XLII. 
 
 Choice of guardian by a minor above 14 years, be¬ 
 fore Judge. 
 
 To the Hon. Judge of Probate for &c. 
 
 I, A B, of—, in said county, a minor above The 
 age of fourteen years, and child and heir of D E, 
 late of—, in said county of —, deceased, make 
 known to your honor, that I have, and do hereby 
 make choice of G H, of —, in the county of —, to 
 be my guardian. 
 
 Dated, kc. 
 
 A B. 
 
t 
 
 PROBATE. 
 
 143 
 
 XLIII. 
 
 Choice hy same "before Justice of the Peace. 
 
 To the Hon. Judge of Probate for Sic. 
 
 I, A B, of —, in said county, a minor above the 
 age of fourteen years, and child and heir ofD E, 
 late of —, in said county, deceased, make known 
 to your honor, that I have, and do hereby make 
 choice of G H, of—, in the county of, to be my 
 guardian. 
 
 Dated, Sic. AB. 
 
 C—, ss. On this — day of —, in the year Sic. 
 the above named minor, who lives more than ten 
 miles distant from the Probate office in said county, 
 personally appeared before me and made choice of 
 the said G H, for his guardian. 
 
 Justice of the Peace. 
 
 XLIV. 
 
 Representation respecting a non compos. 
 
 To the Hon. — Esq. Judge of Probate for the 
 county of—. 
 
 A B, of —, would represent that C D, of —, is —- 
 and incapable to take care of self; he therefore 
 requests that inquisition thereof be made, and a 
 guardian appointed for the said C D, as the law in 
 such case directs. 
 
 Dated, Sic. A B. 
 
 XLV. 
 
 Selectmen's return to the order of the Judge on the 
 foregoing application. 
 
 Pursuant to the foregoing order, we have notified 
 the said C D to be present before us, who has accor¬ 
 dingly attended ; and after due examination and 
 inquiry, we do adjudge the said C D to be non com¬ 
 pos mentis , and incapable to take care of self. 
 
 S Selectmen 
 of —. 
 
144 
 
 PROBATE. 
 
 XLVI. 
 
 Complaint of the Selectmen against an intemperate 
 
 person. 
 
 To the Honorable Judge of Probate for the Coun¬ 
 ty of —. 
 
 Complain — Selectmen of the town of —, that 
 in their opinion, C D of said town does by (here re 
 cite the species of intemperance or dissipation) so 
 spend, waste and lessen — estate, as thereby to ex¬ 
 pose •—self to want, and the said town of — to a 
 charge or expense, for — maintenance and support. 
 They therefore request that your honor would ap¬ 
 point some person or persons as guardian or guar¬ 
 dians of the said C D. 
 
 \men 
 
 Dated at, &c. 
 
 XLVII. 
 
 Condition of a guardian’s Bond. 
 
 (Obligation as in Executoi’s Bond.) 
 
 The condition of this obligation is such, that if 
 the above bound—, nominated and allowed to be 
 guardian unto —, a minor, child of —, late of —, 
 in the county of —, deceased, shall make a true and 
 perfect inventory of all the real estate, "goods and 
 ^battles, rights and credits of the said minor, if any 
 he have, and the same do return into the probate 
 office for said county within three months from the 
 date hereof; and shall faithfully manage, employ 
 and improve the same for said minor’s best profit 
 and advantage ; shall well and truly perform and 
 discharge the trust and office of guardian unto the 
 said minor, and that in and by all things according 
 to law ; and shall render a plain and true account 
 of (his) said guardianship upon oath, and all and 
 singular such estate as shall come to (his) hand 
 and possession by virtue hereof, and of the profits 
 and improvements of the same, (when he shall be 
 
PROBATE. 
 
 145 
 
 thereunto lawfully required) and shall pay and de¬ 
 liver over all balances and sums of money, that 
 shall be found remaining upon his account, (the 
 same being first examined and allowed by the Judge 
 of Probate, for the time being) to the said minor; 
 and shall give possession of all other estate, that 
 may belong to said minor, when he shall arrive at 
 full age, or as said Judge, by his decree or sentence, 
 pursuant to law, shall order and direct : then thte 
 obligation to be void, otherwise to remain in full 
 force and virtue. 
 
 Signed, sealed and delivered | 
 in presence of us, 5 
 
 XLVIII. 
 
 Condition of d guardian's Bond on sale of a mi¬ 
 nor's land. 
 
 The condition of the above written obligation is 
 such, that whereas the above bounden —, in — capa¬ 
 city of guardian of —, in said county of—, minor, 
 at the —, holden at —, on — in — last, obtained li¬ 
 cense to make sale of •— the real estate of said minor. 
 
 Now, therefore, if the said — shall, in all things 
 relating to such sale, govern -- by the laws of said 
 state, so that the interest of said minor shall be se¬ 
 cured ; and shall observe the rules and directions 
 of the law for the sale of real estates bv executors 
 or administrators ; and, moreover, shall, after pay- 
 ing legal expenses, well and truly apply, put out on 
 interest, on good security, and dispose of the pro¬ 
 ceeds of such sale agreeably to the rules of the law; 
 and thereof, and of — whole proceedings in the 
 premises, shall render upon oath, a just and true ac¬ 
 count to the Judge of Probate, for the time being, 
 of said county, when, and so often as shall be 
 thereto lawfully required, then the above obligation to 
 be void, otherwise to remain in full force and virtue. 
 
 Signed, sealed and delivered > 
 in presence of us, ) 
 
 13 
 
< 
 
 146 PROBATEt 
 
 XLIX. 
 
 Condition of a Bond of guardianship for a non 
 compos , or intemperate person. 
 
 The condition of the above obligation is such, 
 that whereas the above bound — having been on 
 this day assigned and appointed by the said Judge, 
 as guardian of —, who is adjudged, by the inquisi¬ 
 tion of the Selectmen of the town of —, to be non 
 compos, (or who by excessive drinking, he. as the 
 case may be.) 
 
 Now, therefore, if the said — shall, and do well 
 and faithfully take care, as well of the person as of 
 the estate, both real and personal, of the said —, 
 and make, or cause to be made, a true and perfect 
 inventory of the said estate, and the same do return 
 into the Probate Office for the said county, within 
 three months from the date hereof; and shall im¬ 
 prove frugally, and without waste and destruction, 
 the said estate, and apply the annual income and 
 profits thereof, for the comfortable maintenance and 
 support of the said —, and also of (his) household 
 or family, if any such there be: and shall settle 
 accounts, receive, and if need be, sue for and re¬ 
 cover all such debts as are due to the said —, from 
 any person or persons whomsoever : and shall also 
 pay all such debts, as are owing by the said —, out 
 of his personal estate, or in case that be not suffi¬ 
 cient, then out of his real estate, having first ob¬ 
 tained license pursuant to law to make sale thereof, 
 or of such part thereof as may be sufficient for that 
 purpose; and shall render a plain and true account 
 of his guardianship, when, and so often as he shall 
 be required by the Judge of Probate for the time 
 being: and whenever the said — shall cease to be 
 guardian as aforesaid, if he or his heirs, executors, 
 or administrators, shall return and deliver posses¬ 
 sion of the real and personal estate aforesaid, or the 
 residue and remainder thereof, and shall pay over 
 any sum of money, or balance of account, which 
 
PROBATE. 
 
 147 
 
 may be in his or their hands, to him the said —, or 
 to his heirs, executors, or administrators, or other¬ 
 wise as the Judge of Probate for the time being, 
 may by his decree order and direct 5 and shall well 
 and truly perform and discharge the trust and office 
 of guardian aforesaid, in all things according to 
 law ; then the above obligation to be void, other¬ 
 wise shall abide and remain in full force and virtue. 
 Signed, sealed and delivered, ) 
 in presence of us, 5 
 
 Note. The obligation to each of the three preceding forms, may 
 be the same as in Executor’s bond, page 118. 
 
 L. 
 
 A SUMMARY OF THE DUTIES OF EXECUTORS, 
 ADMINISTRATORS AND GUARDIANS. 
 
 Executors . 
 
 Executors are to see that the deceased be decently 
 buried, as their own judgment, or the will of the 
 testator, may direct. 
 
 They are to prove the will, or cause the same to 
 be done, within thirty days after the testator’s death ; 
 or to present it for probate, and at the same time to 
 signify in writing their refusal to accept the trust: 
 and, to prevent delay, it would be well to notify the 
 heirs, and all who are interested therein, of the day 
 fixed on for presenting it : 
 
 To advertise their acceptance of the trust com¬ 
 mitted to them, demand payment of debts due to 
 the deceased, and request persons having demands 
 against the estate to present them for settlement, 
 observing all due diligence in collecting and dis¬ 
 charging the same : 
 
 Within three months to return into the Probate 
 Office a true inventory of all the estate of the de¬ 
 ceased. which may come into their hands, or into 
 the hands of others for them ; except they are resi¬ 
 duary legatees, when they are to give bond for the 
 payment of debts and legacies. 
 
148 
 
 PROBATE. 
 
 If the estate be not sufficient to pay the just debts 
 of the deceased, they are to represent the same to 
 the Judge'of Probate, that commissioners may be 
 appointed, &c : 
 
 To keep a true account of all the charges incur¬ 
 red in settling the estate, and of all debts and other 
 personal estate, that may come into their hands, and 
 to render the same to the Judge of Probate, as 
 their letters testamentary shall direct : 
 
 If the personal estate be insufficient to pay all 
 the just debts and legacies of the deceased, to peti¬ 
 tion the Judge of the Court of Probate for license 
 to sell as much of the real estate as may be neces¬ 
 sary for that purpose : 
 
 After license obtained, to give public notice of 
 the sale as the law directs, (first taking the oath 
 prescribed by law) and to sell the estate to the best 
 advantage : 
 
 When debts are paid in, to pay the legatees, and 
 to see that the will of the testator in all respects be 
 faithfully executed. 
 
 If however, the estate be insolvent, after payment 
 of taxes, debts due to the State, debts incurred for 
 the last sickness of the deceased, and necessary 
 funeral expenses, the residue is, (by order of the 
 Judge) to be paid to the remaining creditors indue 
 proportion, as the law directs. 
 
 Note. If there be any estate not disposed of by will, it is to be ad¬ 
 ministered on, as of the estate of a person intestate. 
 
 Administrators. 
 
 Administration of the estate of any person de¬ 
 ceased, is (by law) to be granted to the widow or 
 next of kin, or both, if the Judge think fit, within 
 thirty days ; if they refuse or neglect to take upon 
 themselves that trust, being cited before the Judge 
 for that purpose, he may commit administration to 
 one or more of the principal creditors or others, as 
 he may think nt. 
 
 V 
 
PROBATE. 
 
 149 
 
 After giving bond for the faithful discharge of 
 <their trust, they are to give public notice of their 
 acceptance of the same, he. return a true inventory, 
 collect and pay debts, &c. as before pointed out in 
 the duties of Executors; or, if the personal estate 
 be insufficient to pay all the just debts, to petition 
 the Judge for license to sell as much of the real 
 estate as may be necessary to pay the same, and 
 incidental charges. 
 
 If the real estate be such that a partial sale would 
 injure the remainder, or could not be made to ad¬ 
 vantage, a sale of the whole may be made, by order 
 of the S. J. Court, or Court of C. P. on petition 
 made to them for that purpose. 
 
 They are also to render an account of charges, 
 personal estate, he. within one year from the time 
 of their administering. 
 
 If the estate be insolvent, the residue, after pay¬ 
 ment of taxes, debts due to the State, debts incur¬ 
 red for the last sickness of the deceased, and neces¬ 
 sary funeral expenses, is to be paid to the creditors, 
 in due proportion, as the law directs. 
 
 Executors and administrators, when prepared to 
 exhibit their accounts of administration, should al¬ 
 ways notify the persons interested therein to be 
 present, in Court, at the examination thereof; or, 
 that they may previously examine the account to be 
 exhibited, and certify thereon their approbation of 
 it. The same should be done in regard to cred- 
 ereditors, when the estate is insolvent. 
 
 Administrators, who wish not to account with the 
 Judge for the personal estate of the deceased, ac¬ 
 cording to appraisement, should give notice thereof 
 when they return the inventory, and proceed to 
 obtain an order for the sale of the whole, or a part 
 thereof, as the Judge shall direct. The heirs, if 
 they think the personal estate appraised too low, 
 should represent the same to the Judge, and request 
 to have it sold at auction, or otherwise, as will best 
 suit the interest of all concerned. 
 
 13 * 
 
150 
 
 PROBATE. 
 
 Guardians of Minors , 
 
 Are to give bond for the faithful discharge of 
 their trust, and to take care of, and protect the es¬ 
 tate and person of their ward. 
 
 They are to render an account of their guardian¬ 
 ship, and of their ward’s estate, with the income 
 thereof, which may come to their hands, either to 
 the Judge of Probate, or to their wards, when ar¬ 
 rived at full age ; or at such other time as the Judge 
 shall direct. 
 
 Guardians of Idiots , Lunatics, non compos and dih - 
 
 traded persons , 
 
 Are to give bond (as above,) improve frugally 
 their estate, and apply the annual income and profits 
 thereof to the support of them and their families : 
 
 To settle accounts, receive, sue for and recover 
 adjust debts due to them, and to pay all just debts 
 contracted by them before their distraction. 
 
 They are to manage, improve or divide the real 
 estate, in as full and ample a manner as they might 
 do, were they restored to the use of their reason. 
 
 If the personal estate be insufficient to pay the 
 debts, or if the income or improvement of the per¬ 
 sonal and real estate of such persons be insufficient 
 to support them, to obtain license from the S. J. 
 Court, or Court of C. P. to sell real estate for that 
 purpose: And in case any such idiot, &c. be re¬ 
 stored to the use of his reason, the residue and 
 remainder of the estate, real and personal, shall 
 be returned to him, or in case of his death to his 
 heirs, executors or administrators. 
 
 Note. No important alterations have been made in the Probate 
 laws of Maine, from those of long standing in Massachusetts; it is 
 therefore believed, that the foregoing forms and directions, will gene¬ 
 rally apply to the proceedings in Probate in that Commonwealth, as 
 •well as in our own State. 
 
MERCANTILE. 
 
 151 
 
 MERCANTILE PRECEDENTS. 
 
 POWERS OF ATTORNEY. 
 
 To receive, Interest . 
 
 Know all men by these presents, that I, A B, of 
 —, do make, constitute and appoint C D, of —, my 
 true and lawful attorney, for me and in my name, 
 to receive the interest* — the stock standing in my 
 name, in the Books of the Commissioner of Loans 
 for the State of — ; with power also an attorney 
 or attorneys under him for that purpose to make and 
 substitute, and to do all lawful acts requisite for ef¬ 
 fecting the premises ; hereby ratifying and confirm¬ 
 ing all that my said attorney, or his substitute, shall 
 do therein by virtue hereof. In witness &tc. 
 
 *Note. If the power is to be general, the words “ now due, or which 
 may hereafter grow due upon,” are to be inserted after the word “ in¬ 
 terest” ; if not general, the time for, or to which the interest is to be re.- 
 ceived, to be specially expressed after the word “interest.” 
 
 To sell and transfer Stock. 
 
 Know, &c. that I, A B, of—, in the State of —, 
 do make, constitute and appoint C D, of —, in the 
 State of —, my true and lawful attorney, for me 
 and in my name, to sell, assign and transfer (here 
 name the sum) Stock standing in my name, in the 
 Books of the Commissioner of Loans for the State 
 of —, being — part (or the whole , as the case may 
 he) of stock named in the Certificate No. —, issued 
 (here insert the date) by said Commissioner, 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 ; here¬ 
 by ratifying and confirming all that my said attor¬ 
 ney or his substitute shall lawfully do by virtue 
 hereof. In witness &c. 
 
 Note. The Certificate of the Stock must always accompany the Pow¬ 
 er to sell and transfer, whether, that power be for the transfer of the 
 whole or a part; because in case of the transfer of the whole, a new 
 Certificate must issue to the purchaser, and in the transfer of a part, 
 two Certificates must issue—one to the purchaser for the amount of his 
 purchase, the other to the original holder for the balance remaining in 
 Isis name. 
 
152 
 
 Mercantile. 
 
 To transfer Stock and to receive dividends. 
 
 Know he. that I, A B, of he. have constituted, 
 made and appointed, and by these presents do con¬ 
 stitute, make and appoint C D, of he. my true and 
 lawful attorney, for me and in my name, to sell, as¬ 
 sign and in due form of law transfer to any person, 
 or persons, all such Funded Debt of the United 
 States, as now is, or hereafter may be, in my name on 
 the books of the Loan Offices, or of the Treasury of 
 the United States, or any part or parts of such Fun¬ 
 ded Debt; and until such sale and transfer for me, 
 and in my name, and to my use, to recover and re¬ 
 ceive all dividends or interest, that shall accrue 
 thereon, and give receipts therefor; and generally 
 to act and do therein as fully and effectually as I 
 myself might or could do, if present. 
 
 In witness he. 
 
 Note. A Notarial Certificate to each of the foregoing powers is ie- 
 
 Form of Proxy to vote for Directors of the Bank 
 of the United States , as required by act of Congress. 
 
 Know all men by these presents, that I, A B, of 
 —, in the State of—, a citizen of the United States, 
 actually resident therein, the owner of (here insert 
 the number) shares in the capital stock of the Bank 
 of the United States, and the owner of no other 
 shares in the capital stock of said bank, do hereby 
 constitute and appoint C D, of —, in the State of 
 -—, my attorney and agent for me and in my 
 name, as the owner of said specified shares in the 
 capital stock of said bank, to vote as my proxy, at 
 any election of directors of said bank of the United 
 States, and on any question that may be put at a 
 stated or special meeting of the Stockholders of said 
 bank, according to the number of votes I should be 
 entitled to vote, if then personally present. 
 
 In witness whereof, I have hereunto set my hand 
 and seal this — day of—, in the year of our Lord hC. 
 
 Sealed and delivered > 
 in presence of us. ) 
 
MERCANTILE. 
 
 153 
 
 1 , A B, of —, in the State of —-, a citizen of the 
 United States, actually resident therein, do solemnly 
 (swear or affirm) that I am truly and in good faith* 
 the owner of the shares in the capital stock of the 
 Bank of the United States, specified in the within 
 power of attorney, and of no other shares; that no 
 other person has any interest in the said shares, di¬ 
 rectly or indirectly, except as stated in the said pow¬ 
 er ; and that no other power has been given to any 
 person, which is now in force, to vote for me at any 
 election of Directors of the said Bank. 
 
 Be it known that on this — day of —, in the year 
 of our Lord, &lc. before me the subscriber, a Notary 
 Public for the State of —, residing in —, personally 
 appeared the aforesaid (deponent or affirmant,) and 
 in due form of law made (oath or affirmation) that 
 the foregoing affidavit by him subscribed is true. 
 
 In testimony whereof, I have hereunto set my hand 
 and seal the day and year last above written. 
 
 To receive and enter goods at the Custom House . 
 
 Know all men by these presents, that I, A B, of 
 —, in the State of —, have made, constituted and 
 appointed, and by these presents do make, consti¬ 
 tute and appoint C D, of —, in the State of —, my 
 true and lawful attorney, to receive and enter at the 
 custom-house of the district of —, any goods, wares, 
 and merchandize, imported by me, or which may 
 arrive consigned to me; to sign my name to, seal 
 and.deliver for me and as my act and deed, any 
 bond or bonds which may be required by the col¬ 
 lector of the said district, for securing the duties on 
 any such goods, wares and merchandize; also to 
 sign my name to, seal and deliver, for me as my 
 act and deed, any bond or bonds requisite for ob¬ 
 taining the debenture on any goods, wares and 
 merchandize, to be exported by me. And generally, 
 to transact all business at the custom-house, in 
 which I am or may be interested or concerned, as 
 
154 
 
 MERCANTILE. 
 
 fully as I could if personally present. And 1 here¬ 
 by declare all bonds signed and executed by my 
 said attorney, shall be as obligatory on me as though 
 signed by myself. And this my power shall remain 
 in full force until revoked by written notice given 
 to the said collector. 
 
 In witness, fyc. 
 
 To enter goods at the custom-house , by a particular 
 
 vessel . 
 
 Know all men by these presents, that I, A B, of 
 —, have made, constituted, and appointed, and by 
 these presents do make, constitute and appoint C D, 
 of —, in the State of—, my true and lawful attor¬ 
 ney, to receive and enter at the custom-house of the 
 district of —, any goods, wares and merchandize 
 imported by me, or which may arrive consigned to 
 me, in the (here name the vessel or vessels,and captain or 
 captains,') to sign my name to, seal and deliver for 
 me, and as my act and deed, any bond or bonds, 
 which may be required by the collector of said dis¬ 
 trict, for securing the duties on any such goods, 
 wares or merchandize: Also, to sign my name to, 
 seal and deliver for me, as my act and deed, any 
 bond or bonds requisite for obtaining the debenture 
 on any such goods, wares or merchandize, when ex¬ 
 ported for me, or in my name. And generally, to 
 transact all business at the custom-house in reference 
 to this importation or importations, as fully as I 
 could, if personally present. And I hereby declare 
 that all bonds signed and executed by my said at¬ 
 torney, shall be as obligatory on me as though sign¬ 
 ed by myself, with power also an attorney or attor¬ 
 neys under him for that purpose to make and sub¬ 
 stitute; and to do all lawful acts requisite for ef¬ 
 fecting the premises, hereby ratifying and con¬ 
 firming all that he the said attornev, or substitute ov 
 substitutes, shall do therein by virtue hereof. 
 
 In witness, fyc. * - 
 

 MERCANTILE. 155 
 
 To sell the materials and cargo of a ship that was 
 
 stranded. 
 
 Know all men, &lc. That I, AB, of, he. sole own¬ 
 er of the ship called the —, of the burthen of — 
 tons, or thereabouts, whereof C D was late master, 
 which was stranded near —, on the coast of—, in 
 her late voyage from —, have made, constituted and 
 appointed, and do by these presents make, consti¬ 
 tute and appoint E F of he. my true and lawful 
 attorney, for me and in my name, and on my be¬ 
 half, and to and for my benefit, to sell and dispose 
 as well of the tackle and other materials belonging 
 to the said ship, as of such part of the cargo on 
 board her which was saved upon her being stranded 
 as aforesaid, at and for the best price that can be 
 obtained for the same : and thereupon, if required 
 to seal and execute a bill or bids of sale, or other 
 deeds for perfecting and confirming the sale thereof, 
 as the law of the country shall require, or that shall 
 in that behalf be requisite and necessary. And upon 
 receipt of the money for which the said premises or 
 any part thereof shall be sold, to give sufficient re¬ 
 ceipts and discharges for the same ; and to do all 
 other matters and things in said premises as fully 
 and effectually as I myself could do if present. And 
 I do hereby ratify and confirm all that my said at¬ 
 torney shall lawfully do or cause to be done, in 
 the said premises by virtue hereof. 
 
 In witness, Sic. 
 
 To authorize a person to transact and manage com¬ 
 mercial concerns. 
 
 Know all men by these presents, that I, A B, of 
 he. have made, constituted and appointed, and do 
 by these pre?«ents make, constitute and appoint C D 
 of —, to be my true and lawful attorney, for me and 
 in my name, to transact all business, also'to open all 
 letters of correspondence, to sign and answer the 
 same, and to draw, accept, endorse, and pay all bills 
 of exchange or promissory notes ; all moneys to re 
 
156 
 
 MERCANTILE. 
 
 ceive and acquittances for the same to give; and 
 further also to settle, balance and arrange all books 
 and accounts ; and generally to do every act, mat¬ 
 ter and thing, as the nature of the business of me, 
 the said A B, may or shall require. And I do 
 hereby ratify and confirm all that my said attor¬ 
 ney shall legally do in the premises. 
 
 In witness, he. 
 
 From the Directors of an Insurance Company to sign 
 • Policies of Insurance , <^*c. 
 
 Know, he. that we, A B, C D and E F, of he. 
 three Directors of the — Insurance Company of—, 
 on behalf of said — Insurance Company, being du¬ 
 ly authorized for that purpose, have made, consti¬ 
 tuted and appointed, and by these presents do make, 
 constitute and appoint G H of —, to be our true 
 and lawful attorney, in the name and on the behalf 
 of said — Insurance Company, to underwrite and 
 sign such Policies of Insurance against loss or dam¬ 
 age by fire or (here describe the risks to be taken ;) 
 and for him the said G H to regulate, adjust, settle 
 and pay all damages which may unfortunately hap¬ 
 pen by (here name the accidents to be insured against) 
 to any such (insert the kinds of property insured ;) 
 by him so insured; likewise to compound and agree 
 by arbitration or otherwise, as shall be expedient; 
 also if necessary, to appear in any Court in —, and 
 to answer to any suit in which said Insurance Com¬ 
 pany may or shall be any-wise interested or con¬ 
 cerned ; and generally for the said Insurance Com¬ 
 pany, to transact and perform all and every other 
 thing or act whatsoever, touching and concerning 
 the premises above mentioned, as fully and effectu¬ 
 ally to all intents and purposes whatsoever, as we, 
 the said A B, C D and E F, might or could do if per¬ 
 sonally present; hereby promising to ratify and 
 confirm whatsoever the said G H shall legally do 
 in the premises by virtue hereof. In witness, &c* 
 
MERCANTILE. 
 
 157 
 
 To receive debts , §'C. 
 
 Irrevocable, for me and in my name, and to my 
 use (or but to the use of the said C D,) to ask, de¬ 
 mand, sue for and recover of E F, of &c. all and 
 every such sum and sums of money, debts and de¬ 
 mands whatsoever, which are now due and owing 
 to me, the said A B, by and from the said E F, and 
 in default thereof, to use ail lawful means in my 
 name or otherwise, to receive the same by attach¬ 
 ment, arrest or otherwise, and to compound for the 
 same ; and on receipt thereof, or any part thereof, 
 discharges or receipts for the same, for me and in 
 my name to make and deliver ; and generally to do 
 all lawful acts whatsoever touching the premises, as 
 fully as I myself might or could if present ; and 
 also attorney or attorneys under him to make and 
 substitute, and revoke at pleasure, hereby ratifying 
 and confirming whatsoever my said attorney shall 
 legally do or cause to be done, touching the prem¬ 
 ises by virtue hereof. 
 
 In witness, Sic. 
 
 To sell real estate , and transact business in general . 
 
 Know, &c. that I, A B, of —, have constituted, 
 made and appointed, and by these presents, do con¬ 
 stitute, make and appoint C D, of —, ray true and 
 lawful attorney for me and in my name, to ask, de¬ 
 mand, sue for, recover and receive of and from all 
 and every person and persons whatsoever, all and 
 every sum and sums due, or that may become due, 
 to me on any and every account ; to give receipts 
 and acquittances for the same, or at his discretion 
 to compound, compromise and agree for the same, 
 and give discharges ; and also for me and in my 
 name to sign any bond, obligation, contract or 
 agreement whatsoever, to draw and endorse prom¬ 
 issory notes and the same to renew, to draw upon 
 any bank or banks, individual or individuals, for 
 any sum of money that may be to my credit, or 
 
 14 
 
158 
 
 MERCANTILE. 
 
 which I may be entitled to receive, and the same to 
 deposit in any other bank, again at his pleasure to 
 draw for, from time to time, as myself might or 
 could do, and also for me and in my name to sell 
 any part or parts of my real estate which 1 am en¬ 
 titled to in my own right or in common with others, 
 or howsoever I may be entitled to the same, and to 
 make all necessary deeds, conveyances and assur¬ 
 ances ; and also for me and in my name to do all 
 such other acts, matters and things in relation to 
 my property, estate, affairs and business of every 
 kind, as I myself might or could do if personally 
 present, it being my intention bj ? this letter of at¬ 
 torney to commit to the said C D, the entire man¬ 
 agement, care and disposition of my property and 
 affairs, as fully and absolutely as I have now the 
 management, care and disposition of them. 
 
 In witness, Sic. 
 
 To receive a Legacy. 
 
 Of and from A 13, of &c. executor of the last 
 will and testament of C D, late of Sic. and of all 
 and every other person and persons whatsoever 
 whom it doth, shall or may concern, all that legacy 
 of — dollars given and payable to me, the said A 
 B, in and by the last will and testament of the said 
 C D, deceased, bearing date &c. and all other sum 
 and sums of money, due and payable for and in 
 respect of the said legacy ; and upon receipt there¬ 
 of, in my behalf to sigu and give an acquittance 
 therefor in full, 
 in witness, Sic. 
 
 ASS1GNMEMTS. 
 
 Assignment of Stock , and power to transfer. 
 
 Know, Sic. that I, A B, of Sic. for value received, 
 have and hereby do grant, bargain, sell, assign^ 
 
MERCANTILE. 
 
 159 
 
 transfer and set over to C D, of he. (sharps in the 
 capital stock of —, or of — dollars of — per cent, 
 stock of the United States) belonging to me, and 
 standing in my name on the Books of (the said 
 Bank , or on the Books of the Commissioner of 
 
 Loans for the State of - ;) and 1 do hereby 
 
 constitute and appoint the said C D, my true and 
 lawful attorney, irrevocable, to assign, and in due 
 form of law transfer the said stock to himself, or 
 to any other person or persons, and until such sale 
 and transfer, to receive and give receipts for all 
 dividends due or to grow due thereon ; with power 
 also an attorney or attorneys under him for such 
 purposes, to make and substitute; and to do all 
 other lawful acts requisite for effecting the premis¬ 
 es ; hereby ratifying and confirming all that my 
 said attorney or substitute shall do therein by vir¬ 
 tue hereof. 
 
 In witness, &;c. 
 
 Hypothecation of Stock to a Bank on obtaining a 
 
 discount , as collateral security of its payment. 
 
 Know all men by these presents, that I, A B, of 
 
 —, have this day passed my promissory note for 
 
 the sum of — dollars payable to the order of G 
 
 D, cashier of (here insert the name of the Bank) 
 
 — days after date, for value received, to the said 
 
 Bank, for which I, the said A B, have received the 
 
 full value, deducting the legal discount thereon, and 
 
 as collateral security for the due payment of the 
 
 said sum of — dollars — days after the date there- 
 
 %/ 
 
 of, or within three day’s grace usually allowed for 
 payment thereof, have deposited with the said 
 cashier (here insert the particular description of the 
 stock intendedl to be pledged.) Now know ye, that 
 in consideration of the premises and for value re¬ 
 ceived, if the said promissory note, for the said 
 sum of — dollars shall not be duly paid by the said 
 A B, as the same shall become due and payable, 
 
160 
 
 MERCANTILE. 
 
 that I, the said A B, do hereby authorize and em¬ 
 power the said C D, cashier of the said Bank or 
 his successor in office, irrevocable, to sell, assign, 
 and in due form of law transfer, to any person or 
 persons the said (here recite the stock pledged.) or 
 so much thereof as shall be necessary fully to pay 
 and discharge the said sum of — dollars, with any 
 interest, cost, or charges that may be due thereon, 
 hereby ratifying and confirming all and whatsoever 
 liiv said attorney may lawfully do bv virtue of these 
 presents. 
 
 In witness whereof,&c. 
 
 Assignment of effects in trust to pay creditors. 
 
 Th is Indenture made the — day of —, in the 
 year one thousand eight hundred and —, between A 
 B, of he. of the one part, and C D, of &c. of the 
 other part: whereas the said A B, is indebted to 
 divers persons in different sums of money, and is 
 desirous of appropriating his effects to the payment 
 of the same : Now this Indenture witnesses, that 
 the said A B, for and in consideration of the said 
 debts, and also in consideration of the sum of one 
 dollar to him in hand paid by the said C D, the re¬ 
 ceipt whereof is hereby acknowledged, has granted, 
 assigned, bargained and sold, aliened, released and 
 confirmed, and by these presents does grant, he. un¬ 
 to the said C D, his heirs, executors, administrators 
 and assigns, all goods, chattels, book accounts, 
 stock, debts, effects and all other property to him 
 belonging, as will more fully appear from the sche¬ 
 dule hereunto annexed : To have and to hold the 
 same and every part thereof to the said C D, his 
 heirs, executors, administrators and assigns, forever ; 
 in trust nevertheless, and to the only uses, intents 
 and purposes following, that is to say, after paying 
 and discharging the expenses incident to this trust; 
 then, first, to pay and satisfy to (here give the names 
 of the several creditors , places of abode, and amounts 
 
MERCANTILE. 
 
 161 
 
 due them,) if the estate and effects hereby assigned 
 be sufficient to pay the same in full, and rateably 
 and proportionably, if the estate and e ffects hereby 
 assigned be insufficient to pay the whole thereof: 
 Secondly, should any surplus remain after payment 
 of the several debts aforesaid, to return the said 
 surplus to the said A B, his heirs, executors, ad¬ 
 ministrators and assigns; and the said A B does 
 hereby nominate and appoint the said C D, his true 
 and lawful attorney, irrevocable, to ask, demand, sue 
 for, lew, recover and receive all sum or sums of mo- 
 ney to him due and owing, and on receipt thereof in 
 whole or in part to give acquittances ; to execute 
 and make compromises, or other arrangements that 
 the said attorney may think beneficial to this trust, 
 hereby ratifying all that the said attorney shall le¬ 
 gally do by virtue of these presents. 
 
 In witness, &c. 
 
 An assignment of a debt as security, with, power of 
 
 Attorney. 
 
 Know all men by these presents that I, A B, of 
 —, gentleman, in consideration of — dollars now 
 due by me to C D, of—, trader, and for the better 
 securing the payment of the same to the said C D, 
 have granted, assigned and transferred, and by these 
 presents do grant, assign and transfer, all that sum 
 of money now owing to me from E F, for &c. before 
 the day of the date hereof, and all my right, interest 
 and demand, in and to the said sum of money, and 
 every or any part thereof. To hold to the said C 
 D, his executors, administrators and assigns, to his 
 and their use forever ; nevertheless, under the con¬ 
 dition hereinafter mentioned. And I do hereby con¬ 
 stitute and appoint the said C D, my attorney irre¬ 
 vocable, in my name, but at the charges of the said 
 C D, and to his own use, to demand, sue for, recov¬ 
 er, levy, receive, release and discharge the said debt, 
 and every or any part thereof; and generally in mv 
 
 14 * 
 
1 
 
 162 MERCANTILE. 
 
 name, or in the name of my executors and adminis¬ 
 trators, to make, do, and perform all and every such 
 further and other acts, matters and things touching 
 the premises, as to the said C D, his executors or 
 administrators, shall seem requisite, as effectually as 
 I or my executors or administrators, might have 
 done; hereby ratifying and confirming whatever he 
 or they may or 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 will not do or suffer, any act, mat¬ 
 ter or thing, whereby the said C D, his executors 
 or administrators, may be hindered from recovering 
 or receiving the said debt hereby assigned, or any 
 part thereof, or any satisfaction therefor. And furth¬ 
 er, that I, my executors, and administrators, shall 
 and will at all times hereafter, at the request and 
 charges of the said C D, make, do, and execute all 
 such further and other acts and deeds, as shall be 
 reasonably required for the proving of the said debt, 
 and the more effectually enabling him or them to 
 recover, receive and enjoy the same, according to 
 the true meaning and intent of these presents. Pro¬ 
 vided always, that if 1, the said A B, my executors 
 or administrators, shall pay or cause to be paid, to 
 the said C D, his executors, administrators or as¬ 
 signs, the said sum of — due to him as aforesaid, 
 within — months from the date hereof, then this 
 assignment, and every matter and thing herein con¬ 
 tained, shall be void to all intents and purposes 
 whatsoever. 
 
 In witness, &ic. 
 
 Assignment of a Bill of Sale of part of a Ship , by 
 
 endorsement. 
 
 Know, &ic. that I, the within named A B, for and 
 in consideration of the sum of— dollars, to me paid 
 by C D, of &c. the receipt whereof I do hereby ac- 
 
MERCANTILE. 
 
 163 
 
 knowledge, have granted, sold, assigned and releas¬ 
 ed, and by these presents do grant, &c. to the said 
 C D, the within bill of sale, and one full and equal 
 — part of the within mentioned ship called the —, 
 to me belonging, and of all her masts, sails, yards, 
 anchors, cables, furniture and appurtenances as 
 within expressed, to her belonging. To have and 
 to hold the within bill of sale and — part of the 
 said ship, with the appurtenances before expressed, 
 to the said C D, his executors, he. to his and their 
 own proper use and behoof forever. And I, the 
 said A B, for myself, he. do covenant and agree to 
 and with the said C D, his &c. that I have good 
 right to sell, assign and release the aforementioned 
 premises, and that the same are free from all incum¬ 
 brance. In witness , fyc. 
 
 BILLS OF SALE. 
 
 A Bill of Sale is a solemn contract under seal, 
 whereby a man passes the right or interest that he 
 hath in goods and chatties. If a man sells goods 
 by deed under seal, duly executed, this alters the 
 property between the parties, though there be no 
 consideration, or no delivery of possession. 
 
 Jac. Law Diet. 
 
 But there must be a consideration and delivery in 
 order to make the transfer good against a creditor 
 of him who made it. 
 
 A common bill, not under seal, is also good a- 
 gainst the maker; but will not exclude proof of 
 fraud in the purchase. 
 
 Dill of Sale of goods as collateral security , with a 
 
 recital. 
 
 Whereas C D, of, he. did on the —* day of —, 
 become surety (or endorser, as the case may be,) in a 
 certain note of hand, wherein I, the underwritten A 
 B, was principal, (or promissor, as the case may be ,) 
 dated at —, the — day of—, for the sum of —, paya¬ 
 ble in— months, with interest, toE F, of&c. or order, 
 
164 
 
 MERCANTILE. 
 
 and has thereby become, in my default, accountable 
 to pay said sum of — , to the said E F, or order : 
 Now know ye, that I, A B, of &c. for and in con¬ 
 sideration of the above recited liability of the said 
 C D, to pay said sum of —, which I hereby ac¬ 
 knowledge, have bargained, sold, conveyed and de¬ 
 livered, and do by these presents bargain, sell, con¬ 
 vey and deliver, to the said C D, (here recite the 
 goods) now in my store,* (or elsewhere , as the case 
 may be :) To have and to hold, all and singular the 
 said bargained premises, to the said C D, his exec¬ 
 utors, administrators and assigns, to his and their 
 proper use and behoof forever. And I, the said 
 A B, for myself, my executors, administrators and 
 assigns, the said bargained premises, to the said 
 C D, his executors, administrators and assigns, 
 against all persons, do and will warrant and 
 defend, by these presents; nevertheless, if I, the 
 said A B, shall pay or cause to be paid, the a- 
 foresaid sum and interest, to the said E F, or order, 
 all and every part thereof, without injury to the 
 said boundeji C D, then this bill of sale shall be 
 null and void, and of no effect. In witness , fyc. 
 
 * In case the goods should remain in possession of the person giving 
 the bill of sale, and another should attempt an attachment of the same, 
 as his property, it would be necessary that the officer should have due 
 notice of the transfer; otherwise a doubt might arise as to the legal 
 ownership of the goods so conveyed. 
 
 Bill of Sale of Goods. 
 
 Know all men by these presents, that I, A B, of 
 &c. for and in consideration of the sum of —, to me 
 in hand, paid by C D, of he. the receipt whereof T 
 do hereby acknowledge, have bargained, sold and 
 delivered, and do by these presents, bargain, sell 
 and deliver, to the said G D, (here recite the articles.) 
 To have and to hold the said bargained premises to 
 the said C D, his executors, administrators and as¬ 
 signs, to his and their proper use and behoof for¬ 
 ever. And I, the said A B, for myself, mv execu¬ 
 tors and administrators, the said bargained nremi'se 
 
MERCANTILE. 
 
 165 
 
 es, to the said C D, his executors, administrators 
 and assigns, against all persons, shall and will war¬ 
 rant and defend, by these presents. 
 
 In witness , $*c. 
 
 For m of endorsing Livery and Seizin on the forego¬ 
 ing Bills of Sale. 
 
 Memorandum, the day and year first within writ¬ 
 ten possession o t the goods, &c. by the within writ¬ 
 ten deed, bargained and sold, was delivered by the 
 said A B to the said C D, by giving and delivering 
 to the said C D [ one silver spoon ,] in the name of 
 the whole goods and premises sold, in presence of us. 
 
 BILLS OF SALE OF SHIPS. 
 
 When any ship or vessel of the United States 
 which shall have been registered, shall in whole or 
 in part be sold or transferred to a citizen or citizens 
 of the U. States, there shall in every such case of sale 
 or transfer, be some instrument of writing in the 
 nature of a Bill of Sale, which shall recite at 
 length the certificate of Registry, otherwise the 
 said ship or vessel shall be incapable of being reg¬ 
 istered anew. Montefiore. 
 
 Bill of Sale of a Registered Vessel. 
 
 Know all men by these presents, that I, A B, of 
 &c. for and in consideration of the sum of —, to 
 me in hand well and truly paid at or before the de¬ 
 livery of these presents, by C D, of he. the re¬ 
 ceipt whereof is hereby acknowledged, have and 
 by these presents do grant, bargain, sell, assign, 
 transfer, and set over to the said C D, his exe¬ 
 cutors, administrators and assigns forever, all that 
 good ship or vessel called the —, of the burthen of 
 — tons or thereabouts, now lying in —, togeth¬ 
 er with all and singular her masts, yards, sails, 
 rigging, anchors, cables, boats, tackle, apparel, 
 
166 
 
 MERCANTILE. 
 
 and appurtenances. Which said vessel is registered 
 in the port of —, in the words following,to wit; ( here 
 recitp the, Registry.) To have and to hold the said 
 —, and all other the above bargained premises, to 
 the said C D, his executors, administrators and as¬ 
 signs forever. And I, the said A B, for myself, my 
 heirs, executors and administrators, do hereby cov¬ 
 enant and agree to and with the said C D, his heirs, 
 executors, administrators and assigns, that I, the 
 said A B, at the execution of these presents, am the 
 true and lawful owner of the said ship or vessel called 
 the —, and appurtenances, and that I have good 
 right and full authority to sell and dispose of the 
 same, free of all incumbrances and demands what¬ 
 soever. In witness, &lc. 
 
 Signed, Sealed and delivered > 
 in presence of us. $ 
 
 Bill of sale of a vessel employed in the coasting trade. 
 
 [As in the preceding one, except in lieu of the 
 Registry, recite the Enrolment.] 
 
 BONDS. 
 
 Bond, of indemnity to the United States , to obtain 
 the renewal of a certificate of Stock, lost or destroyed. 
 
 Know all men by these presents,that we—, are held 
 and firmly bound unto the United States of Ameri¬ 
 ca in the penal sum of — dollars, to which payment 
 well and truly to be made and done, we bind our¬ 
 selves, our heirs, executors and administrators, joint¬ 
 ly and severally, firmly by these presents, sealed 
 with our seals, and dated this — day of —, Anno 
 Do mini one thousand eight hundred and —. 
 
 Whereas Certificate No. —, for — dollars, L. D. 
 Six per cent Stock , issued by the Commissioner of 
 Loans for the State of —, in favor of —, has been 
 lost or destroyed, and the renewal having been con- 
 
MERCANTILE. 
 
 167 
 
 seated to, upon the forms and regulations of the 
 Treasury heretofore established in such cases, being 
 complied with : Now therefore the condition of the 
 above obligation is such, that if the said —, their 
 heirs, executors and administrators, shall indemnify 
 and save harmless the said United States, of and 
 from all claims and demands of whatsoever nature, 
 which may be preferred on account of the certificate 
 so permitted to be renewed, then this obligation to 
 be void, otherwise to be and remain in full force 
 and virtue. 
 
 Sealed and delivered 1 
 in presence of us. ) 
 
 Bond to deliver up a note lost when found, and in¬ 
 demnify in the mean time upon payment upon it. 
 
 Whereas the above named A B, gave a bill or 
 note under his hand, dated &c. for the sum of —, 
 payable to C D, which said bill or note was deliv¬ 
 ered to the above bound E F, but is since lost or 
 mislaid. And whereas the said A B, has at or be¬ 
 fore the ensealing and delivery, paid unto the said 
 E F, the said sum of — due and payable on said 
 bill or note, notwithstanding the said bill or note 
 cannot be found to be delivered up, the receipt of 
 which said sum the said E F does hereby acknowl¬ 
 edge, and of and from the same and every part 
 thereof, do acquit and discharge the said A B, his 
 executors and administrators forever by these pres¬ 
 ents. Now, the condition of this obligation is 
 such, that if the said E F, his heirs, executors 
 and administrators, do and shall deliver up the said 
 note, when it shall be found, to be cancelled, and 
 until the same shall be so delivered up and cancel¬ 
 led, save and keep harmless and indemnified, the 
 said A B, his heirs, executors and administrators, 
 and his and their and every of his and their lands, 
 tenements, goods, and chattels, of and from the said 
 
168 
 
 MERCANTILE. 
 
 bill or note, and the said sum of — therein men¬ 
 tioned, and of and from all actions, suits, costs, 
 charges, payments and damages whatsoever, which 
 shall or may be brought, commenced, sued, prose¬ 
 cuted, recovered or awarded, against him, or which 
 he may sustain or be put to, by any person or per¬ 
 sons whatsoever, for or concerning the said bill or 
 note, and the said sufn of — therein mentioned, 
 and which is so paid to the said E F, as aforesaid, 
 then &c. 
 
 OF BOTTOMRY AND RESPONDENTIA. 
 
 Bottomry is the contract by which the owner of 
 a ship borrows money for the purposes of the voy¬ 
 age, and pledges the keel or bottom as a security 
 for payment; in which case, if the ship be lost, the 
 lender loses his money, but if it arrives in safety, he 
 receives the principal and the stipulated interest, 
 however it may exceed the legal rate; and the ship 
 and tackle are liable, as well as the person of the 
 borrower. 
 
 Respondentia is where money is lent, not on the 
 vessel, but on the goods, in which case the borrow¬ 
 er is only personally bound to answer the contract. 
 
 Montefiore. 
 
 Bottomry Bond. 
 
 To all to whom these presents shall come, I, A B, 
 of —, merchant, owner of the ship called the —, 
 w hereof C D is master, of the burthen of about — 
 tons, now lying in this port of —, and bound on a 
 voyage hence to the port of —, and thence back to 
 this port of —, sendeth greeting. Whereas I, the 
 said A B, am under the necessity of borrowing the 
 sum of — dollars for the fitting out the said ship 
 for the said intended voyage, and E F, of said —, 
 merchant, has lent and advanced to me, the said 
 A B, the said sum of —, at the rate of— per cent, 
 on said sum, for the purpose of fitting out the said 
 
MERCANTILE, 
 
 169 
 
 ship as aforesaid. Now know ye, that I, the said 
 AB, do by these presents, for myself, my executors 
 and administrators, covenant, grant and agree to 
 and with the said E F, that the said ship called the 
 —, shall with the first fair wind set sail and depart 
 from this port of —, and proceed directly to the 
 port of —, and from thence return back to this port 
 of —-, and here end her said intended voyage ; and 
 I, the said A B, for and in consideration of the said 
 sum of — dollars to me in hand paid by the said 
 E F, at and before the ensealing and delivery of 
 these presents, the receipt whereof is hereby ac¬ 
 knowledged, do bind and obligate myself, my heirs, 
 executors and administrators, mv goods and chat¬ 
 tels, and particularly the said ship called the —, 
 with her hull or body, together with her tackle and 
 apparel, and the freight to be earned for the said 
 voyage, to pay the said E F, his executors, admin¬ 
 istrators or assigns the said sum of — dollars, with¬ 
 in — days next after the safe arrival of the said ship 
 at this port of —, from the said intended voyage, 
 together with — per cent, interest thereon, amount¬ 
 ing together to the sum of — dollars; and I the 
 said A B, for myself, my heirs, executors and ad¬ 
 ministrators, covenant, grant and agree to and with 
 the said E F, his executors and administrators, by 
 these presents, that I am the true and lawful owner of 
 the said ship, and that I have good authority to 
 charge and engage the said ship as aforesaid, and 
 that the said ship shall at all times after the said 
 voyage, be liable and chargeable for the said sum 
 of *— dollars, with the interest thereon as aforesaid. 
 
 In witness , 
 
 Respondentia Bond . 
 
 Know all men, &c. [see Bonds .] Whereas the 
 said E F, has this day lent and advanced to the said 
 A B, the sum of — dollars upon the goods, wares 
 and merchandize, laden or to be laden on board of 
 
 15 
 
170 
 
 MERCANTILE. 
 
 
 the ship called the —, S T, master, now bound on 
 a voyage from this port of —, to the port of —, 
 from thence back to this port of—. 
 
 The condition of this obligation is such, that if 
 the said ship shall with all convenient speed, proceed 
 and sail on said voyage to —, and from thence back 
 to — as aforesaid, and do and shall return to this 
 port of —, (the casualties of the seas excepted,) and 
 if the said A B, his heirs, executors and administra¬ 
 tors do and shall within — days after the said ship 
 shall have returned to the said port of— from her in¬ 
 tended voyage, well and truly pay or cause to be 
 paid to the said E F, the sum of — dollars togeth¬ 
 er with interest thereon at the rate of — per cent, 
 on the entire voyage above expressed, whether the 
 said voyage shall be terminated in a reasonable pe¬ 
 riod of time or not, together w ith interest at the rate 
 of six per cent, per annum for the — days allowed 
 for the payment of the said sum, after the return of 
 said ship to this port of — from said voyage, 
 or if during the said voyage and before the 
 
 return of said property to this port of —, the 
 
 loss of the said ship by fire, enemies, or any oth¬ 
 er casualties, shall unavoidably happen, and the said 
 A B, his executors and administrators shall and do 
 within — days after such loss, well and truly ac¬ 
 count for upon oath, and pay unto the said E F, 
 
 his executors, administrators or assigns, a just and 
 proportionate average of all the said goods, wares 
 and merchandize of the said A B, his executors or 
 administrators, so carried from this port of —, on 
 board of said ship, and the neat proceeds thereof, 
 and all goods, specie, wares and merchandize, which 
 the said A B, his heirs, executors or administrators 
 shall therefrom acquire, during said voyage, and 
 shall ship on board said ship, which shall not be un¬ 
 avoidably lost as aforesaid, then this obligation to 
 be void, otherwise to remain in full force and virtue. 
 
 Sealed and delivered ) 
 
 in presence of us, ) 
 
MERCANTILE. 
 
 171 
 
 AGREEMENTS. 
 
 Articles between a Merchant and his Apprentice. 
 
 Articles of agreement, made and concluded by 
 and between A B, of, &c. of the one part, and C D, 
 son of E D, of, &ic. and the said E D of the other 
 part, in manner following, (that is to say,) 
 
 Whereas the said A B, the day of the date of 
 these presents, hath agreed, and doth hereby agree 
 to take the said C D to be his apprentice or servant, 
 in merchandizing affairs; and to employ him there¬ 
 in, as well in parts beyond the seas, as in the State 
 of —, where the said AB shall or may hereafter, or 
 now hath tradings and dealings, for the space of 
 seven years, to commence from, &lc. And there¬ 
 upon the said E D, father of the said C l), doth 
 covenant and agree to and with the said A B, his 
 executors, administrators and assigns, in manner 
 following, that is to say, (here insert the several ar¬ 
 ticles agreed on.) In witness, &c. 
 
 Signed, &c. 
 
 Articles of Copartnership for 
 
 Trade.* 
 
 carrying on a Joint 
 
 ' Articles of agreement concluded between H I, of 
 —, of the one part, and P M, of —, of the other part. 
 
 First of all. The said H I and P M have joined, 
 and by these presents do join themselves, to be co¬ 
 partners together in the art or trade of —, and all 
 things thereto belonging, and also in buying, selling, 
 vending and retailing of all sorts of wares, goods, 
 and commodities belonging to the said trade of—, 
 which said copartnership is to continue from —, for 
 and during and unto the full end and term of— 
 from thence next ensuing, and fully to be complete 
 and ended. And to that end and purpose he the 
 
 *In copartnerships it sometimes happens,that there are several parties, 
 who put in stocks of different amount; or that all or both are not ac¬ 
 tually engaged in the management of the same; in all which cases this 
 general form may be altered to the one required. 
 
/ 
 
 fit 2 MERCANTILE. 
 
 said H I, hath, the day of the date of these presents, 
 delivered in as stock, the sum of —, and the said P 
 M the sum of —, to bp used, laid out and employed 
 in common between them, for the management of 
 the said trade of —, to their utmost benefit and ad¬ 
 vantage. And it is agreed between the said parties 
 to these presents, and the said copartners each for 
 himself respectively, and for his own particular part, 
 and for his executors and administrators, doth seve¬ 
 rally and not jointly covenant, promise and agree, 
 to and with the other partner, his executors and 
 administrators, by these presents, in manner and 
 form following, (that is to say,) 
 
 That they the said copartners shall not, nor will 
 at any time hereafter use, exercise, or follow', the 
 trade of — aforesaid, or any other trade w hatsoever, 
 during the said term, to their private benefit or ad¬ 
 vantage; 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 endeavors, 
 in and by all means possible, to the utmost of their 
 skill and power, for their joint interest, profit and 
 advantage, and truly employ, buj ; , sell and mer¬ 
 chandize, with the stock aforesaid, and the increase 
 thereof in the trade of — aforesaid, without any 
 sinister intentions or fraudulent endeavors whatso¬ 
 ever : And also, that they the said copartners, shall 
 and will from time to time, and at all times hereafter, 
 during the said term, pay, bear and discharge equally 
 between them, the rent of the shops which they shall 
 rent or hire, for the joint exercising or managing 
 the trade aforesaid: And that all such gain, profit 
 and increase, that shall come, grow, or arise, lor or 
 by reason of the said trade, and joint occupying as 
 aforesaid, shall be from time to time, during the 
 said term, equally and proportionally divided be¬ 
 tween them, share and share alike. And also, that 
 all such loss 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 
 
MERCANTILE. 
 
 178 
 
 proportionally between them. And further , it is 
 agreed by and between the said copartners, parties 
 to these presents, that there shall be had and kept, 
 from time to time, and at all times, during the said 
 term, and joint occupying and copartnership to¬ 
 gether, as aforesaid, perfect, just and true books of 
 account, wherein each of the said copartners shall 
 duly enter and set down, as well all money by them 
 received, paid, expended and laid out, in and about 
 the management of the said trade, as also all wares, 
 goods, commodities, and merchandizes, by them, or 
 either of them, bought and sold, by reason or means, 
 or upon account of the said copartnership, and all 
 other matters and things whatsoever, to the said 
 joint trade, and the management thereof, in any 
 wise belonging or appertaining, which said books 
 shall be used in common, between the said copart¬ 
 ners, 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- 
 
 months, or oftener if need shall require, upon the 
 reasonable request of one of them, shall make, yield 
 and render each to the other, or to the executors or 
 administrators of each other, a true, just and perfect 
 account of all profits and increase by them or either 
 of them made, and of all losses by them or either of 
 them sustained, and also of all payments, receipts, 
 disbursements, and all other things whatsoever by 
 them made, received, disbursed, acted, done or suf¬ 
 fered, in their said copartnership, and jointly occu¬ 
 pying 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 aforesaid. 
 And at the end of the said term of —, or other 
 sooner determination of these presents, (be it by the 
 death of one of the said partners or otherwise) they 
 the said copartners, each to the other, or, in case of 
 the death of either of them, the surviving party to 
 the executors or administrators of the party deceased, 
 
 15 * 
 
174 
 
 MERCANTILE. 
 
 shall and will make a true, just and final account of 
 all things as aforesaid, and divide the profits afore¬ 
 said, and in all things well and truly adjust the same ; 
 and that also upon the making of such final account, 
 all and every the stock and stocks, as well as the 
 gain and increase thereof, which shall appear to be 
 remaining, w hether consisting of money, wares,debts, 
 &c. shall be equally parted and divided between 
 them the said copartners, their executors or admin¬ 
 istrators, share and share alike. In witness , fyc. 
 
 Signed, &c. 
 
 Agreement to continue a partnership, by indorsement. 
 
 We the within named H, I and P M do by these 
 presents indorse, declare and mutually covenant 
 and agree, unto and with each other, his and their 
 executors and administrators, to continue the joint 
 trade and partnership within mentioned,for the furth¬ 
 er term of — years, if both of us shall so long live, 
 to be accounted from the expiration of the — years 
 within limited for the continuance of the same, with 
 the joint stock, and undet and subject to the several 
 covenants and agreements within expressed and 
 contained. In witness, fyc. 
 
 Separation of Copartnership. 
 
 An indenture made, &c. between L M, of &c. of 
 the one part, and O P, of &ic. of the other part. 
 Whereas the said L M and O P, have for sometime 
 been copartners together in the trade of &c. and by 
 reason of the said joint trade and dealing, divers 
 debts are become due and owing unto them, and 
 also they are indebted and stand engaged in divers 
 sums of money to others. And whereas the said L 
 M and O P, for divers good causes, them thereto 
 moving, have concluded and agreed that for the con¬ 
 siderations herein after expressed, all the debts and 
 sums of money which are due and owing uuto them. 
 
MERCANTILE. 
 
 175 
 
 the said L M and O P jointly, shall be assigned 
 unto the said O P. And the said O P hath agreed 
 and undertaken to pay and discharge all debts and 
 sums of money, which they, the said L M and O P, 
 do jointly owe to any person or persons, for or by 
 reason of their said joint trade or copartnership. 
 Now this indenture, witnesse.ih , That the said L M, 
 for the consideration herein after mentioned, hath 
 granted, assigned, and set over, and by these pres¬ 
 ents doth grant, assign, and set over unto the said 
 O P, his executors, administrators and a-signs, all 
 and singular such debts and sums of money as are 
 owing to him the said L M, severally or jointly, 
 with the said O P,for or concerning their joint trade 
 aforesaid (here may he added , and goods , wares arid 
 merchandize remaining unsold) and all his right, 
 title, interest, property, claim and demand whatso¬ 
 ever, in and to the said debts, or any of them ; and 
 also all and singular bills, bonds, specialities, and 
 writings whatsoever, for and concerning the said 
 debts and the late copartnership between them : All 
 which debts are mentioned and expressed in a cer¬ 
 tain schedule hereunto annexed. To have, hold and 
 enjoy all and every the said debts, specialities and 
 writings, unto the said O P, his executors, adminis¬ 
 trators and assigns, to his and their own proper use 
 and behoof, without any manner of account therefor 
 to be given to him the said L M, his executors, ad¬ 
 ministrators, or assigns, and the said L M doth by 
 these presents give and grant the said O P his exec¬ 
 utors, administrators and assigns, full power and au¬ 
 thority to ask, levy, recover and receive in the name 
 of him, the said L M, all and singular the said debts 
 and sums of money expressed in the said schedule, 
 for and to the only use and behoof of the said O P, 
 his executors, administrators and assigns. And the 
 said L M, for himself, his executors, administrators 
 and assigns, doth covenant and grant to and with the 
 said O P, his executors, &,c. that if it should appear 
 the said L M, or his assigns, or any person or per- 
 
176 
 
 MERCANTILE. 
 
 sons, by virtue of any power or authority derived 
 from him or them, have at any time heretofore re¬ 
 ceived, released, or discharged any of the said debts 
 or sums of money mentioned in the said schedule 
 other than the sum of, &tc. received by the consent 
 of the said OP, that then upon notice given by the 
 said O P, his executors, administrators or assigns,to 
 the said L M, his, &;o. he the said L M, his execu¬ 
 tors or administrators, shall within twenty days next 
 after such notice given to the said L M, or his, &c. 
 make a full satisfaction to the said O P, or his as¬ 
 signs, for the same. And also, that he, the said L M, 
 his executors or administrators, shall not, nor will, 
 at any time or times hereafter, do, or suffer, any act, 
 matter, or thing, to impede the said O P, his execu¬ 
 tors, administrators or assigns, in the getting in, 
 obtaining, or recovery of the said debts, or any of 
 them. And further, that he, the said L M, his execu¬ 
 tors and administrators, shall and will, upon reason¬ 
 able request to him or them made, by the said OP, 
 his executors, administrators or assigns, make, seal, 
 and deliver to him or them, such other powers, letter 
 or letters of attorney, as may be sufficient for the 
 recovery, and getting in the said debts and sums of 
 money, as by the said O P, his executors, administra¬ 
 tors or assigns, or his or their counsel learned in the 
 law, shall be reasonably devised, advised, or requi¬ 
 red. In consideration whereof, the said O P for 
 himself, his executors and administrators, doth 
 covenant, promise and grant, to and with the said L 
 M, his executors and administrators, that he the said 
 O P, his executors or administrators, shall and will, 
 within twenty days from the date of these presents, 
 well and truly pay or cause to be paid unto the said 
 Li M, his executors, &c. the sum of, &tc. and shall or 
 will, at or before, &ic. next, obtain and procure to 
 and for the said L M, his executors or administra¬ 
 tors, sufficient general releases and other discharges 
 in the law, from all creditors whose names are men¬ 
 tioned in the second schedule hereunto annexed. 
 
MERCANTILE. 
 
 177 
 
 And also, that he the said O P, his executors or 
 administrators, shall and will, at all times forever 
 hereafter, save and keep harmless and indemnified, 
 the said L M, his executors and administrators, 
 against all and every person and persons whatso¬ 
 ever, to whom they the said L M and O P, or either 
 of them, are indebted, touching or concerning the 
 said copartnership, and of and from all actions, suits, 
 costs, charges, judgments, executions, damages and 
 demands whatsoever, which shall at any time here¬ 
 after arise and be brought against the said L M, his 
 executors or administrators, or his or their lands, 
 tenements, goods or chattels, for or by reason of 
 any debts or sums of money owing, for or by reason 
 of any bill, bond, speciality, promise or contract, 
 touching the said copartnership. In witness, 
 Signed, he. 
 
 A Charty Party of Assignment. 
 
 This Charty Party indented, made, concluded 
 and agreed upon, the — day of —, in the year of 
 our Lord, between A B; of, he. master and owner 
 of the ship or vessel called the —, of the burthen 
 of, he. of the one part, and C D, of, &ic. of the 
 other part, luitnesseth, That the said A B, for the 
 consideration hereinafter mentioned, hath granted 
 and to freight letten, and by these presents doth 
 grant and to freight let, unto the said C D, his exe¬ 
 cutors,administrators and assigns, the whole tonnage 
 of the hold, stem, sheets, and half deck of the said 
 ship or vessel, from the port of — to the port of—, 
 in a voyage to be made with the said ship in the 
 manner following, (that is to say,) the said A B is 
 to sail with the first fair wind and weather that shall 
 happen, next after the — day of —, or before the 
 — day of — next, from the said port of —, with 
 the goods and merchandize of the said C D, his 
 factors or assigns, on board, to — aforesaid, there 
 to be delivered and discharged of her said cargo, 
 
178 
 
 MERCANTILE. 
 
 within fifteen days next after her arrival for the end 
 of the said voyage. In consideration whereof, the 
 said (.’ D, for himself, his heirs, executors and ad¬ 
 ministrators, doth covenant, promise, grant and 
 agree, to and with the said A B, his executors, ad¬ 
 ministrate,rs and assigns, and every of them, by 
 these presents, that he the said C D, his executors, 
 administrators, factors or assigns, shall and will well 
 and truly pay or cause to be paid, unto the said A 
 B, his executors, administrators and assigns, for the 
 freight of the said ship or goods, the sum of, &,c. 
 (Or thus , —dols. a ton, forloadiug or unloading and 
 
 taking in goods at — and — ports,) within- 
 
 - days after the said ship’s arrival, and 
 
 goods discharged at — aforesaid, for the end of the 
 vo3'age; and also shall and will pay for demur¬ 
 rage, if any shall be by the default of him the 
 
 said C D, his factors or assigns, the sum of- 
 
 dollars a day, daily and every day, as the same 
 shall grow due: And the said A B, for him¬ 
 self, his heirs, executors and administrators, doth 
 covenant, promise, grant and agree, to and with 
 the said C D. his executors, administrators and 
 assigns, and every of them, by these presents, that 
 the said ship or vessel shall be ready at the 
 said port of — at — key, to take in goods, by 
 the said — day of —, next coming ; and with¬ 
 in ten days after the said ship shall be ready at the 
 said key as aforesaid, the said C D doth grant, 
 promise and agree to have his goods ready and put 
 on board the said ship, in order that she may 
 proceed on her said voyage. And the said A B 
 doth also covenant, promise, grant and agree, to 
 and with the said C D, his executors, administrators 
 and assigns, that the said ship or vessel now is, and 
 at all times during the said voyage shall be, to the best 
 endeavor of the said A B, his executors and admin¬ 
 istrators, at his and their own proper costs and 
 charges, and all things made and kept stiff, staunch 
 and strong, and will furnish and provide as well 
 
MERCANTILE. 
 
 179 
 
 with men and mariners sufficient and able to sail, 
 guide and govern the said ship, as with all manner 
 of rigging, boats, tackle apparel, furniture, provi¬ 
 sion and appurtenances fitting and necessary for 
 the said men and mariners, and for the said ship, 
 during the voyage aforesaid. 
 
 In witness , &fc. 
 
 A Charter Party of Affreightment. 
 
 This charter party of affreightment, indented, 
 made and fully concluded upon this — day of — 
 in the year of our Lord —, between A B, of &c. 
 owner of the good ship called the —, of the bur¬ 
 then of — tons, or thereabouts, now lying in the 
 harbor of —-, whereof — is at present master, on 
 the one part, and C l), of &ic. on the other part, 
 Witnesscth , That the said A B, for the consideration 
 hereafter mentioned hath lett to freight *— die 
 aforesaid ship with the appurtenances to her belong¬ 
 ing, for a voyage to be made by the said C D to 
 — and back again to —, where she is to be dis¬ 
 charged (the danger of the seas excepted) and the 
 said A B doth by these presents covenant and 
 agree with the said C D in manner following, That 
 is to say, That the said ship in and during the 
 voyage aforesaid, shall be tight, staunch, and 
 strong, and sufficiently tackled and apparelled with 
 all things necessary for such a vessel and voyage ; 
 and that it shall and may be lawful for the said C 
 D, his agent or factors, as well at — as at — to 
 load and put on board the said ship — loading of 
 such goods and merchandize as they shall think 
 proper. Contraband goods always excepted. In 
 consideration whereof the said C D doth by these 
 presents agree with the said A B well and truly to 
 pay or cause to be paid unto him, in full for the 
 freight or hire of his said ship and appurtenances, 
 the sum of —, and so in proportion for a less time, 
 as the said ship shall be continued in the aforesaid 
 
180 
 
 MERCANTILE. 
 
 service in — days after her return to —,* and the 
 said C D doth agree to pay — the charges of vict¬ 
 ualling and manning the said ship and — port 
 charges and pilotage during said voyage, and to 
 deliver said ship on her return to — to, the owner 
 aforesaid, or his order. 
 
 To the true and faithful performance of all and 
 singular the covenants, payments aud agreements 
 aforementioned, each of the parties aforenamed 
 binds and obliges himself, his executors and ad¬ 
 ministrators, in the penal sum of — firmly by these 
 presents. In witness w hereof, the parties aforesaid 
 have hereunto interchangeably set their hands and 
 seals the day and year aforewritten. 
 
 Signed, sealed and delivered > 
 in presence of us, ) 
 
 Letter of License . 
 
 To all, &LC. we ( here name the creditors and place 
 of their abode,) send greeting. Whereas G H, of 
 &c. is and stands indebted to us the said —•, which 
 by reason of losses he is unable to pay : Now' there¬ 
 fore know ye, that we the said ( name the creditors ,) 
 have given and granted, and by these presents do 
 give and grant, to the said G H, full, free and safe 
 license and liberty to come and go, pass and repass 
 from place to place, where and as his business and 
 occasion shall serve and require, from the day of 
 the date of these presents, for the term of — years, 
 and fully to be complete and ended, without being 
 sued, molested, charged or troubled in his person 
 or otherwise, for or concerning any debt, duty, sum 
 or sums of money, or other matter or thing, where¬ 
 by or wherewith he is or stands indebted or bound 
 to us, or shall or may he charged or chargeable in 
 any wise howsoever. And we, the said creditors, do 
 hereby for us, our heirs, executors and administra¬ 
 tors, covenant, promise and grant, to and with the 
 said G H, his executors and administrators, that 
 
 *Oc is lost, (if it so happens) is usually added. ' 
 
MERCANTILE. 
 
 131 
 
 we the said creditors, our heirs, executors and ad¬ 
 ministrators, nor any other person or persons, by. 
 with or through our or any of our order, direction, 
 privity or consent, shall or will at any time hereaf¬ 
 ter, during the said term of—years, sue, arrest, at¬ 
 tach, seize, extend, molest, implead or trouble the 
 said G H, his heirs, executors or administrators, or 
 his or their bodies, goods or estates, for or concern¬ 
 ing any debt, duty, sum or sums of money, which 
 he now owes or is indebted to us, by himself solely, 
 or jointly with or for any other person or persons, 
 by bond, bill, covenant or otherwise howsoever, or 
 for any other matter, thing or cause whatsoever, 
 wherewith he or they now are or shall or may be 
 charged or chargeable ; and that these presents shall 
 or may be pleaded and allowed in any court or 
 courts at law or equity, in discharge to all or any 
 actions, suits or other proceedings, judgments and 
 executions, which shall or may be brought, com¬ 
 menced, sued, prosecuted, awarded or recovered 
 against the said C D his heirs, executors or admin¬ 
 istrators, or his or their goods, or estates, by us the 
 said creditors, our heirs, executors, administrators 
 or assigns, or any other person or persons, by or 
 through our or their or any of their means, act, 
 privity, order, consent, or procurement, contrary 
 to the true intent and meaning of these presents : 
 Provided nevertheless, that if all the said parties 
 
 ' t 
 
 hereunto shall not subscribe and seal these presents, 
 then and in such case, the license hereby granted, 
 and every clause thereof, shall be void and of no 
 effect; any thing herein before expressed to the con¬ 
 trary' not w i t h s t a n d i n g. 
 
 In witness , fyc. 
 
 Memorandum of meeting of Creditors. 
 
 Memorandum. At a meeting of the creditors of 
 A B, of held at Stc the — day of-—, it is con- 
 eluded and agreed on as follows, that is to say, We, 
 
 J o 
 
182 
 
 MERCANTILE. 
 
 the creditors of the said A B, whose names are 
 hereunder written, have this day severally and res¬ 
 pectively agreed for ourselves, and for our several 
 and respective partners, executors, administrators or 
 assigns, to and with the said A B, his executors and 
 administrators, to accept, receive and take the sum 
 of — for each and every dollar that he, the said A 
 B,does owe and is indebted to us, severally and res¬ 
 pectively, in full satisfaction and discharge of the 
 debts or sums severally and respectively due to us 
 from the said A B, so that the said sum of — for 
 each and every dollar be paid severally and respec¬ 
 tively to us, or to our several and respective heirs, 
 executors, administrators or assigns within the space 
 of — days, from the day of the date hereof; and in 
 default thereof, this agreement to be null and void. 
 
 Witness our hands the day and year aforesaid. 
 
 Agreement to hold parts in a cargo . 
 
 Memorandum. That we, the several persons 
 whose names are hereunto subscribed, have agreed 
 to make up the sum of — dollars between us, which 
 is to be invested in the purchase of a cargo of —, 
 as shall be approved by us or a major part of us, to 
 be sent to —, in such ship or vessel as we or the 
 ;major part of us, agree to charter for that purpose; 
 that the said cargo shall be disposed of by G H,the 
 proceeds of such sale shall be reinvested in the pur¬ 
 chase of such goods, wares and merchandize, as the 
 said G H shall approve, and be brought to this port 
 of —, in said vessel. Now we, the said subscribers, 
 do hereby severally and respectively, not one for the 
 other, promise and agree to and with the other and 
 others of us, our executors and administrators, that 
 each of us shall and will be concerned and answera¬ 
 ble for profit and loss of and in said cargo, accord¬ 
 ing to our respective parts thereof, hereunder sub¬ 
 scribed; and that each of us will pay our several 
 
MERCANTILE. ] 83 
 
 proportionable parts ofthe costs thereof, according 
 jto our respective parts subscribed as aforesaid. 
 
 In witness whereof, vve have hereunto set our 
 hands this — day of—, 18 . 
 
 Agreement to hold parts of a ship to he built . 
 
 We, whose hands and seals are hereunto subscrib- 
 ed, do for ourselves, our executors and administra¬ 
 tors, severally and respectively, and not jointly, nor 
 one for the other, nor for the other’s act and deed, 
 covenant, promise and agree, to and with A B, of 
 &c. his executors, administrators or assigns, by these 
 presents, that each of us will hold and be concerned 
 in the several parts by us respectively subscribed 
 with our names to these presents, of and in a new 
 ship, to be of the burthen of — tons or thereabouts, 
 for the building whereof the said A B hath, at our 
 request and with our consent, contracted and agreed 
 w ith C D, of—, by articles of agreement, bearing 
 date on, &c. of w hich ship when built and finished, 
 that each of us respectively will pay our full pro¬ 
 portion, according to our parts in said ship hereun¬ 
 der subscribed, of the sum of money to be paid for 
 tlie building of the said ship, at the times and in 
 manner, as the same shall become due by the said 
 contract in that behalf, and likewise of the charge 
 of the outset and fitting the said ship for sea, for 
 such a voyage as the major part of the owners there¬ 
 of, according to their parts therein, shall agree and 
 think proper. In witness , fyc. 
 
 Agreement to hold parts of a ship when bought. 
 
 We, &c. (as above) that each of us will hold and 
 be concerned in the several parts, by us hereunder 
 severally subscribed, of and in a certain ship called 
 the —, of the burthen of — tons or thereabouts, 
 now at —, when the same is bought by A B, for 
 the buying whereof the said A B has agreed (or is 
 
■ ^ 
 
 184 MERCANTILE. 
 
 about to agree,) with the present owners thereof; 
 and we do further severally, but not jointly, cove¬ 
 nant and agree to and with the said AB, his execu¬ 
 tors, administrators and assigns, that each of ns will 
 pay ouf respective shares according to our parts in 
 the said ship hereunder subscribed, of the sum of 
 money which the said A B has agreed (or shall a- 
 gree) to pay for the said ship, as the same shall be¬ 
 come payable, or be agreed by him to be paid, and 
 likewise the charge of her fitting and outset to sea, 
 for a voyage to —•, or such other voyage as we or 
 the major part of us shall agree, upon demand. 
 
 In witness, <^c. 
 
 •Agreement respecting a ship owned in copartnership. 
 
 Articles of agreement made and concluded, &:c. 
 between A B, of he of the one part, and C D of&c. 
 of the other part, witness, that the said A B has this 
 day purchased of the said C D one half part of all 
 that ship called the —, of the burthen of — tons or 
 thereabouts, and also one half part of all and singu¬ 
 lar the anchors, cables, ropes, masts, sails, yards, 
 boats, oars, apparel and furniture whatsoever to the 
 said ship belonging, or in any wise appertaining, 
 which ship is now 7 at —, whereof — is now master, 
 as by the bill of sale thereof, reference thereto being 
 had, will more fully appear ; and also that the said 
 party doth hereby mutually covenant and agree to 
 and with the other of them, his executors and ad¬ 
 ministrators, by these presents in manner following, 
 viz. (here insert the particulars of the agreement, who 
 shall keep the books, at what time the accounts shall 
 be rendered fyc.) and the said — shall and will on 
 the deliverv and statements of the said accounts, 
 pay to the said —, his executors, administrators or 
 assigns, his the said—’s half part of all the profits 
 and benefits that may in any wise arise or be made 
 by the said ship and the employment thereof; and 
 the said — does for himself, his executors and ad- 
 
MERCANTILE. 
 
 185 
 
 ministrators, covenant and promise to and with the 
 said —, (the keeper of the accounts) his executors 
 and administrators, that in case loss or damage shall 
 at any time be sustained by and on account of said 
 ship, and the employment thereof, that in such case, 
 the said —, his executors, administrators and as¬ 
 signs, shall and will pay, to the said —, (keeper of 
 the books) his executors, administrators or assigns, 
 when thereto required (proper vouchers and receipts 
 being to him or them presented) his the said —’s one 
 half part of such loss or dama ge so to be sustained 
 as aforesaid. And for the true performance he. 
 
 In witness , fyc. 
 
 SURVEYS. 
 
 Survey of a Ship and Furniture. 
 
 We, AB and C D, shipmasters, and E F and G 
 H, shipwrights, all resident within the — of—, do 
 hereby jointly and severally declare and attest unto 
 all whom it may concern, that on the — day of —, 
 at the instance of J K, of he. we went on board and 
 alongside the — cabled the —, of the burthen of — 
 tons or thereabouts, to examine the said —, her hull, 
 masts, yards, anchors, cables, rigging, running rig¬ 
 ging and sails, and every other store to her belong¬ 
 ing ; and having carefully and particularly inspect¬ 
 ed, examined and surveyed the said —, called the 
 —, and her several stores, do report, that the said 
 vessel’s hull, masts, he. are fit, (or unfit as the case 
 may bej to proceed to sea ; all which we are ready 
 to affirm upon oath, when thereto lequired. 
 
 Witness our hands this — day of —. 
 
 Survty of Goods. 
 
 C—, ss.' We, whose names are hereunto sub¬ 
 scribed, have this day, at the instance and request of 
 A B, master of the — called the —, bound on a 
 
 16 * 
 
186 
 
 MERCANTILE. 
 
 voyage to —, laden with —, duly and carefully sur¬ 
 veyed and examined the cargo of the said —, which 
 has been landed and stored in warehouses by order 
 and direction of Mr. CD — of the said —, under 
 his and the — locks, and who is appointed for and 
 by the said A B, the master of the said — as afore¬ 
 said : We therefore do hereby certify and declare, 
 that on such survey we have carefully examined the 
 whole of the said cargo, and find the same so much 
 damaged, and in a perishable state, as not fit by any 
 means to be reshipped. Given under our hands this 
 -— day of—, in the year of our Lord, &c. 
 
 Survey of Goods, pursuant to a Warrant for that 
 
 purpose. 
 
 C—, ss. Pursuant to the annexed warrant of 
 survey to us directed, we repaired to the wharf of Mr. 
 A B, situate —, and then and there particularly 
 viewed, examined and surveyed —, marked No —, 
 landed from on board the ship or vessel called the 
 -—, whereof — is master, from —, as the same were 
 produced or shown to us by— ; and we find, after 
 duly inspecting the —, to be — (as the case may be.) 
 This we have done, and do noW report at —, under 
 our hands and seals, upon oath, this — day of —. 
 
 Sworn, fyc. 
 
 Valuation for adjustment of an average loss. 
 
 We, A B and C D, of &c. being by virtue of a 
 certain writing under the hands and seals of the 
 master and freighters of the ship or vessel called the 
 —, of the burthen of — tons or thereabouts, at an¬ 
 chor in the port of —, and lately arrived from —, 
 in the island of —, dated the — day of —, request¬ 
 ed, ordered and empowered, to adjust and settle the 
 value of the goods and merchandize thrown over¬ 
 board in the storm and bad weather, which the said 
 ship met with in her voyage from —, with the freight 
 for the same, and of the goods remaining on board, 
 
MERCANTILE. 
 
 18 ? 
 
 And of the ship as she now is with her freight, and 
 of the ship’s mainmast cut in the storm for the pre¬ 
 servation of the ship, do declare our valuation of the 
 premises as iollows : 
 
 In witness , fyc. 
 
 OF PROMISSORY NOTES. 
 
 Common Form. 
 
 Portland, June 8, 1824. 
 
 For value received, I the subscriber, of —, coun¬ 
 ty of-—, and State of—, promise to pay A B, or 
 order, — dollars and — cents on demand (or as the 
 case may be) with interest. 
 
 Witness, E F. CD. 
 
 Notes of hand, containing the words “ or order,” 
 are negotiable ; and the property in them may be 
 transferred to a third person by indorsement of the 
 name of the original payee upon the back; of 
 which indorsement there are three kinds : In blanks 
 infull , and restrictive. The first is simply writing 
 the name, which may be made in full, by writing 
 over it, “ Pay the contents to G H.” If the prom- 
 issor fails to pay the note, and the indorser is to be 
 called on, the blank may be filled up thus, “ For 
 value received, I promise to pay the within to G H.” 
 
 A restrictive indorsement must be made at the 
 time of the transfer, thus : “I order the contents of 
 the within note to be paid to G H, I being in no 
 way liable for the same.” 
 
 A note is said to be discredited, when it is not 
 paid at the time when it is due; and in order that 
 the indorser may be holden, it is necessary that he 
 should have due notice of its non-payment, on that 
 day. If such notice is not given, or if the note is \ 
 not indorsed till after it becomes due, the promissor 
 may defend against the indorsee, in case of fraud in 
 the consideration, no value received &c. in the same 
 manner^ as if the action had been brought by the 
 
188 
 
 MERCANTILE. 
 
 original payee , otherwise the promissor must pay 
 the note, and look for his remedy to the person, 
 to whom he gave the same. 
 
 In this State, all notes discounted at the banks are 
 entitled to three days of grace, on the last day of 
 which, notice should be given to the indorsers. 
 
 CONFESSION NOTES. 
 
 It is by law provided, That every Justice of the 
 Peace in this State shall have power within his coun¬ 
 ty to take recognizances for the payment of debts of 
 any person, who shall come before him for that 
 purpose , which recognizance may be in substance 
 as follows : 
 
 Know all men, that I, A B, of —, in the county 
 of—, and State of —, do owe unto C D, of —, the 
 sum of —, to be paid to the said C D, on the — 
 day of— : and if I shall fail of the payment of the 
 debt aforesaid, by the time aforesaid, I will and 
 grant that the said debt shall be levied of my goods 
 and chattels, lands and tenements, and in want there¬ 
 of, of my body. 
 
 Dated at —, this —day of—, in the year of our 
 Lord —. Witness my hand and seal. 
 
 A B. (l.s.) 
 
 C—, ss. Acknowledged the day and year last 
 abovesaid, before E F, Justice of the Peace. 
 
 Note. Such recognizance must be recorded at large, by the Justice, 
 in a book to be kept by him for that purpose : this is the same as a 
 udgment of court, or of a Justice of the 1‘eace, and execution may is¬ 
 sue thereon, in twenty-four hours after it becomes payable. See Laws 
 of Maine. 
 
 OF BILLS OF EXCHANGE. 
 
 A bill of exchange is an open letter of request, 
 whereby one person desires another to pay a cer¬ 
 tain sum of money at a certain time to a third, or to 
 his order, at a time therein specified. The person 
 making the bill is called the drawer ; the person, in 
 
MERCANTILE. 
 
 189 
 
 whose favor the payment is to be made, the payee ; 
 the person, to whom it is directed, the drawee ; and 
 after he has accepted the same, the acceptor ; the 
 person having possession of the bill, the holder. Bills 
 of exchange are divided into foreign and inland; 
 the former, when the parties are resident abroad : 
 the latter, when they remain within the same gov¬ 
 ernment or territory. A foreign bill of exchange 
 usually consists of several parts, which are exact 
 copies of each other, except in their numbers, first, 
 second , &ic. ; each of the same date, directing the 
 payment of the same sum, provided the first and sec¬ 
 ond, or second and third (or as the case may be) be 
 not paid. 
 
 Notes of hand, when endorsed, resemble inland 
 bills of exchange, and the laws and regulations res¬ 
 pecting them, are precisely the same. 
 
 A bill of exchange must be made in writing, 
 drawn by the party himself, or by some person by 
 him legally authorized. 
 
 The payment of a bill of exchange must be cer¬ 
 tain, and not depend on a contingency. No par¬ 
 ticular form is necessary for a bill of exchange (ex¬ 
 cept in some, of the U. S ) Any words purporting 
 an assignment of a debt, or a promise to you, will 
 constitute a valid bill, &c. It is, however, pre¬ 
 scribed by custom. 
 
 Forms of Inland Bills of Exchange. 
 
 Exchange for $100. Portland, June 4, 1824. 
 
 At sight of this my only bill of exchange, pay to 
 Mr. James Prince, or order, one hundred dollars, 
 value received of him, and place the same to account 
 as per advice (or without further advice, as the case 
 may be) from 
 
 WILLIAM GOODWIN. 
 To Mr. Henry Pierce, Mercht. Boston. 
 
190 
 
 MERCANTILE. 
 
 $200. Portland, June 8, 1824. 
 
 Sixty days after date, pay to Mr. John Lord, or 
 order, two hundred dollars, value received. 
 
 JOHN WILSON. 
 
 Mr. William Loring, Mercht. N. York. 
 
 When bills are drawn payable at usance, or at a 
 certain time after date or sight, they are not paya¬ 
 ble at the time mentioned in the bill, which in 
 the U. S. are three ; on the last of which the bill 
 mnst be paid, or it will be dishonored : if the last 
 day he Christmas-day, the 4th of July, or Sunday, 
 the bill becomes due the day before. When bills 
 are payable at sight, no such days are allowed. 
 
 Foreign bills are usually drawn payable at one, 
 two or three usances. The term usance is French, 
 and signifies the time which it is the usage and cus¬ 
 tom of the countries between which bills are drawn, 
 to appoint for payment of them. Double and treble 
 usance is double or treble the usual time, and half 
 usance is half that time. When a month is divided 
 upon half usance, whether the usance be one month 
 or three, the division contains fifteen days. 
 
 An acceptance is generally made by writing the 
 word accepted upon the bill with the name or initials 
 of the party, the day, month and year, w hich accep¬ 
 tance is absolute and cannot be revoked. A bill 
 . may, however, be accepted upon certain conditions , 
 which acceptance becomes absolute when the con¬ 
 ditions are performed ; or partially , i. e. to pay a 
 part of the contents ; and it may be either verbal or 
 written. 
 
 Of JYotice and Protest. 
 
 If a foreign bill be not accepted when presented, 
 it should be protested ; and an inland bill should be 
 noted. 
 
 A bill to be protested or noted , must be carried to 
 a notary ; or, if there be no notary in or near the 
 
MERCANTILE. 
 
 J91 
 
 place where the bill is payable, by an inhabitant in 
 the presence of two witnesses. The same steps are 
 to be taken with respect to protesting or noting a 
 bill for non-payment, except that notice must be 
 given as well to the drawer as all the indorsers. 
 Notice of non-acceptance ought to be transmitted 
 within a reasonable time after the protest, w hich 
 should be on the da y of refusal to accept, if any post 
 or ordinary conveyance sets out on that day : and 
 if not, by the next earliest ordinary conveyance. In 
 inland bills , if the party reside in the same place, 
 where the bill was dishonored, notice should be giv¬ 
 en on the same day or the day after at farthest, and 
 by that day’s post, if the parties are resident out of 
 the same place : and in all cases within fourteen 
 days. Every party, immediately on receipt of such 
 notice, should give notice anew to such of those 
 persons as are liable to him, and against whom he 
 must prove notice. 
 
 Assignment. 
 
 Bills of exchange or promissory notes may be as¬ 
 signed or transferred by delivery or by indorse¬ 
 ment. Those assignable by the former method, 
 are made payable to bearer ; those by the latter ar,e 
 made payable to order. A common order is an 
 inland bill of exchange. 
 
 Of Presentment for Payment. 
 
 Bills or notes should be presented for payment by 
 the holder or his agent, or some person competent to 
 give a legal discharge for them ; the demand tor 
 payment need not be personal; it will be sufficient 
 if made at the place appointed for payment. In 
 case of the removal of the drawer, the holder of the 
 bill or note should endeavor to find, and then pre¬ 
 sent it. If the drawer be dead, the bill or note should 
 be presented to his personal representative, and if 
 
192 
 
 MERCANTILE. 
 
 there be none, payment should be demanded at the 
 house of the deceased. Presentment for payment 
 should be made within a reasonable time, and at 
 seasonable hours, and every bill or note should be 
 presented upon the last day of grace. 
 
 Of damages on Inland Bills. 
 
 By a law of the State of Maine, it is provided, 
 That when any bill of exchange, drawn or endors¬ 
 ed within this State, payable at any place without 
 the same, and within the United States, and the ter¬ 
 ritories thereof, which upon being duly presented for 
 acceptance or payment, shall not be accepted, or 
 paid, according to the order of said, or the terms of 
 said acceptances, (if any) and shall thereupon be 
 regularly protested, every person drawing or en¬ 
 dorsing such bill within the State, w ho shall be lia¬ 
 ble by law for the contents of said bill, to any hol¬ 
 der or party thereto, shall, in addition to the con¬ 
 tents of said bill, and to the cost and lawful interest, 
 be liable for, and pay damages, at the following 
 rates, viz : upon all such bills payable within the 
 States of New-Hampshire, Vermont, Massachusetts, 
 Rhode-Island, Connecticut or New-York, three per 
 cent, on the amount of such bill ; if payable within 
 the States of New-Jersey, Pennsylvania, Delaware, 
 Maryland, Virginia, or Distric t of Columbia, five 
 per cent.; if payable within the States of North- 
 Carolina, or Soutb-Carolina, six percent. ; if pay¬ 
 able within an}' other of the United States, or the 
 territories thereof, nine per cent. 
 
 It is also provided , That w hen any bill of ex¬ 
 change, or order for the payment of money drawn 
 oi endorsed within this State, for one hundred dol¬ 
 lars, or upwards, and payable at any place within 
 the same, distant seventy five miles or more, from the 
 place where the same is drawn or endorsed as afore¬ 
 said, which shall not be duly accepted and paid ac¬ 
 cording to the terms of the acceptance, the person 
 
MERCANTILE. 
 
 drawing or endorsing the same, within this State, at 
 the distance of seventy five miles or more from the 
 place of payment, and who is liable bylaw, for the 
 contents of said bill or order, to the holder thereof, 
 or any party thereto, shall, in addition to the con¬ 
 tents of said bill or order, and lawful cost thereon, 
 be also liable for, and shall pay damages at the rate 
 of one per cent, on the amount thereof. 
 
 And further. That every Notary Public, when a 
 foreign or inland bill of exchange, not duly honor¬ 
 ed by the drawee, is committed to him, shall on re¬ 
 quest, go in person with such bill to the drawee and 
 demand of him, or at his usual abode, acceptance, 
 or payment thereof (as the case may he) and if he 
 neglect or refuse to accept or to pay the same, the 
 said Notary Public shall note a protest thereof, and 
 immediately enter of record a copy of said bill, on 
 his absence or silence, as the case may be, and on 
 request, he shall, to any demandant, furnish a copy 
 of his record, in due form of a protest, under his 
 hand and notarial seal: and in like manner, all no¬ 
 tices to endorsers of promissory notes, and of the 
 assignments of all obligations, contracts or other 
 writings obligatory signed, may be given, noted of 
 record, protested and certified on request of the per¬ 
 son interested. 
 
 STOCKS OF THE UNITED STATES. 
 
 The Stocks of the United States are debts due 
 from the government to individuals and corpora¬ 
 tions for loans of monev, who hold as evidence of 
 the same, Certificates of the respective sums, issued 
 by the Commissioners of Loans. The Stocks are 
 usually designated by the rate of interest they bear, 
 and the year in which they are created, and are as 
 follows : 
 
 17 
 
194 
 
 MERCANTILE. 
 
 Three per cents. .. Five per cents of IS20. 
 
 Exchanged six per cents of 1812. ;j Five per centsof 1821. 
 
 Six per cents or 1312. Q Exchanged five per cents. 
 
 Six per cents of 1813. C) P^our and a half per cent or 
 
 Six per cents of 1814. 0 Florida of 1824. 
 
 Seven per cents Treasury notes y Exchanged four and a half per 
 Six per cents Treasury notes. y cents of 1824. 
 
 Six per cents of 1815. y Four and a half per cent loan of 
 
 Five percent stock, Bank U. S. x 1824. 
 
 Six per cents of 1820. x 
 
 In each of the principal States a Loan Office is 
 established, under the direction of an officer term¬ 
 ed Commissioner of Loans, at which all Certifi¬ 
 cates of Stocks are registered and issued. When 
 Stock is transferred, the seller appears in person 
 or by attorney, at the Loan Office from w hich the 
 Stock issued, and endorses on the Certificate the 
 amount to be transferred, for value received. This 
 endorsed certificate is deposited in the Loan 
 Office, where it stands to the holder’s credit ; 
 whence a new T certificate issues to the assignee, 
 who is credited therefor on the books of the office. 
 If a balance remains to the Assignor, a new Cer¬ 
 tificate issues to him for the amount. Stock is 
 transferable from one Loan Office to another, on 
 a warrant from the Secretary of the Treasury. 
 The books in the Loan Office are closed fifteen 
 days next preceding each quarterly payment of in¬ 
 terest ; and during that time no transfer can be 
 made. Transfers are made without charge. The 
 interest on the public debt, is paid quarterly, to 
 wit, on the first days of January, April, July, and 
 October, in every year, at the Bank of the United 
 States, and its branches. 
 
 The market value of Stocks is not unfrequently 
 fluctuating. Their value, however, is mainly de¬ 
 pendent on the terms of redemption, the rate of in¬ 
 terest they bear, and the abundance or scarcity of 
 money. Like other personal securities, they are 
 purchased and sold among Merchants and Brokers. 
 A Certificate of Stock, like a note of hand or 
 Bank Bill, is the representative of money, though 
 not transferable with equal facility. Like a ship 
 
MERCANTILE. 
 
 195 
 
 or vessel in regard to transfer, the sale of Stocks 
 is not complete, until the Certificate standing in the 
 name of the Assignor on the books of the Loan 
 Office, is returned to, and a new one in the name 
 of the Assignee issues from the Commissioner of 
 Loans. The forms for the assignment, sale and 
 transfer of Stocks, are all to be found in another 
 part of this work. 
 
 LETTERS OF CREDIT. 
 
 There are two kinds of letters of credit, special 
 and general, commonly not sealed, and are given to 
 persons travelling to furnish them with cash. 
 
 The writer of a letter of credit binds himself for 
 the repayment of all moneys that may be advanced 
 agreeably to the request contained in such letter. 
 
 An advice, by post, ought to follow a letter of 
 credit, containing a duplicate of the same, and giv¬ 
 ing a description of the bearer. 
 
 Letters or bills of credit are generally in the fol¬ 
 lowing form : 
 
 Portland, January 17, 1824. 
 
 This is intended to accompany Mr. William 
 Davidson, and to request you to furnish him with 
 two thousand dollars of your money, (or with any 
 amount he may desire of you, if you give an un¬ 
 limited credit) for which, please to take his bills on 
 me, or on any other person on whom he shall 
 think proper to draw them, and I do hereby oblige 
 myself for the punctual discharge of the same. 
 
 Very repectfullv, your obedient servant, 
 
 THOMAS CHANDLER.' 
 
 William Brown, Esquire, Merchant , 
 
 Paris, 
 
196 
 
 MERCANTILE. 
 
 A Letter or Bill of Credit . 
 
 This present writing witnesses, that I, A B, of 
 —, do undertake, to and with CD, of —, his ex¬ 
 ecutors and administrators, that if he deliver to E 
 F, of —, or any of his assigns, to his use, any 
 sum or sums of money, amounting to the sum of 
 — or under, and shall take in my name a bill or 
 bills, under the hand of the said E F, confessing 
 and showing the certainty thereof, that then I, my 
 executors or administrators, having the said bill or 
 bills delivered to me or them, shall immediately, up¬ 
 on receipt of the same, pay or cause to be paid, un¬ 
 to the said C D, his executors, administrators or 
 assigns, all such sums of money as shall be con¬ 
 tained in the said bill or bills, for which payment, 
 well and truly to be made in manner and form 
 aforesaid, I bind myself, my executors, adminis¬ 
 trators and assigns, by these presents. 
 
 In witness whereof, &c. 
 
 ABANDONMENT. 
 
 JYotice of Abandonment. 
 
 Notice is hereby given, that I, A B, of &c. do by 
 this prcsenf abandon, cede and leave to you all my 
 right, title, interest, claim, property and demand of 
 and in the ship called the —, and all and every 
 part of her cargo, and the goods laden on board 
 her by me, the said A B, and do demand of you a 
 total loss of — dollars by you underwrote on goods 
 and merchandize laden on board the said ship by 
 me, the said A B, valued in goods. 
 
 An Abandonment of Vessel and Cargo . 
 
 To all people to whom these presents shall come, 
 A B, of B, &c. and T F, of C, &c. send greeting. 
 
 Whereas we, the said A B and T F, caused to be 
 insured by the — Insurance Company, lost or not 
 
MERCANTILE. 
 
 197 
 
 lost, the sun) of —, viz. the sum of— on the schoo¬ 
 ner I, and appurtenances, and the sum of— on her 
 cargo, from B to one or more parts in H, one or 
 more times, for the purpose of selling her outward 
 cargo, and purchasing her homeward bound cargo, 
 and at or from either of them, to B, or her first port 
 of discharge in the U. S. as by a policy numbered 
 50, may appear : and whereas the said schooner, 
 whilst she was sailing on her voyage from A to 
 B, on or about the — day of — last past, ran 
 ashore at C, and thereby was, and ever since has 
 been, and now is. totally lost, vessel and cargo, to 
 the said A B and T F. Now know ye, that we, 
 the saicf A B and T F, do hereby abandon to the 
 said — Insurance Company, such proportion of 
 the said schooner and cargo, and of our interest 
 therein, as said sum of — by them insured, bears 
 to the whole vessel and cargo. And we do hereby 
 constitute J R, Esq. President of said Company, 
 our true and lawful attorney, in our names and oth¬ 
 erwise, but for the use, and at the charges of the said 
 company, to claim, sue for, recover, and receive 
 such proportion of said vessel and cargo, herein be¬ 
 fore abandoned. 
 
 And we, the said A B and T F, do hereby for 
 ourselves, our executors, he. covenant and grant 
 to and with the said company, that we, our &ic. 
 shall and will at all times hereafter, at the request, 
 and at the charges of the said company, make, seal, 
 execute and acknowledge, all and every such fur¬ 
 ther and other conveyances and assurances for the 
 better conveying and assuring to the said company, 
 the proportion of the said vessel and cargo herein 
 before abandoned, and all and every such further 
 and other letter or letters of attorney, for enabling 
 the said company, at their own charges, to ask, de¬ 
 mand, sue for, and recover the said proportion of 
 said vessel and cargo, as by the said company or 
 
 17 * 
 
198 
 
 MERCANTILE. 
 
 their counsel shall be reasonably advised, devisee! 
 and required. 
 
 In testimony whereof.\ fyc. 
 
 NOTARIAL CERTIFICATES. 
 
 Of the due execution of a Letter of Attorney. 
 
 I, L M, of —, notary public, do hereby certify 
 and attest to all whom it may concern, that the let¬ 
 ter of attorney hereunto annexed was duly signed 
 and sealed by A B, therein named, in my presence 
 and in the presence of C D and E F. To the due 
 execution thereof, an act being requested, I have 
 granted the same under my notarial form and seal 
 of office, to serve and avail as occasion shall or may 
 require. Done and passed at — aforesaid, this 
 — day of in the year of our Lord, &c. 
 
 Of the Identity of a Person. 
 
 On this -— day of —, before me, L M, notary 
 public of—, personally canTe and appeared A B, 
 of &c. and C D, of &e. w ho severally declared that 
 they, these appearers, have for many years known 
 and been well acquainted with E F, son of G H, 
 late of—, but now of— ; and that these appearers 
 verily believe the said E F, to be the residuary heir 
 named in the will ofJ K, of — aforesaid, deceased. 
 And I do hereby certify, that the signature of the 
 said E F, written and subscribed hereunder, is of 
 the true and proper hand writing of the said E F, 
 he having subscribed the same in the presence of 
 these appearers, and also in my presence. 
 
 In testimony whereof &fc. 
 
MERCANTILE. 
 
 199 
 
 i Of a Duplicate Protest. 
 
 I, L M, of —, notary public, do hereby certify 
 and attest to all whom it may concern, that the 
 above aud before written is a duplicate or true copy 
 of a certain instrument of protest, made before me, 
 and taken and subscribed from my Registry of all 
 notarial acts by and before me sped and done, in 
 book marked —, in fob — 
 
 In witness , <^c. 
 
 Of the signature of a Chief Magistrate. 
 
 I, L M, of —, notary public, do hereby certify 
 and attest to all whom it may concern, that the sig¬ 
 nature of A B, mayor, at the foot of the foregoing 
 affidavit, is of the own proper writing of the honor¬ 
 able A B, mayor of this city, in whose presence 
 oath was this day administered in due form ot law 
 to C D, the deponent named in the said affidavit, 
 and who signed the same in my presence ; there¬ 
 fore full faith and credit ought to be given thereto 
 in Court and thereout. At—, this —day of — 
 
 Certificate of an Account. 
 
 I, L M, of —, notary public, do hereby certify 
 and attest to all whom it may concern, that the ac¬ 
 count hereunto annexed is a true and faithful extract 
 from the book called the ledger of Mr. A B, of —, 
 I, the said notary, having this day collated the same, 
 and found the said account to agree in every re¬ 
 spect with the said ledger ; act whereof being re¬ 
 quired of me, the said notary, I have granted these 
 presents, under my notarial form and seal of office, 
 to serve and avail as occasion shall or may require. 
 Done at—, this — day of —, &c. 
 
 Of signatures to a Policy of Insurance. 
 
 I, L M, of—, notary public, do hereby certify 
 and attest to all whom it may concern, that on this 
 
200 
 
 MERCANTILE. 
 
 — day of —, in the year of our Lord —, person¬ 
 ally came and appeared Mr. A B, of the said —, 
 merchant, who produced to me, the said notary, a 
 policy of insurance, wherein I saw and read that 
 the said A B, di$ on the — day of —, now last 
 past, and as well in his own name, as for and in the 
 name and names of all and every other person to 
 whom the same did, might or should appertain, in 
 part or in all, make assurance, and cause himself 
 and them and every of them to be insured, lost or 
 not lost, at and from — to —, in the sum of —, 
 upon any kind of goods and merchandize whatso¬ 
 ever, loaded or to be laden on board the good ship 
 or vessel called —, whereof — was master. And I 
 do further certify, that at the foot of the said policy 
 of insurance, so produced to me, the said notary as 
 aforesaid, was written C D, per received — day of 
 —, E F, per received — day of —. Of which 
 acts 
 
 Of Merchants to the signature of a Notary. 
 
 We, the undersigned, public merchants of this — 
 of —. do hereby certify and attest, that L M, who 
 bath granted and signed the foregoing—, is a pub¬ 
 lic notary of —. and that to all acts and instruments 
 thus by him signed full faith and credit are and 
 ought to be given in Court and thereout. Dated 
 at —, this — day of —, in the year, &c. 
 
 PROTESTS. 
 
 Protest against the Sens. 
 
 By this public instrument of protest, &c. that on 
 &c. before me, .1 B, notary public, &c. personally 
 came and appeared A B, master of the ship or ves¬ 
 sel called the —, of the burthen of— tons or there- 
 
MERCANTILE. 
 
 201 
 
 abouts, belonging to the port of —, and C D, first 
 mate of the said ship ; who severally declared that 
 the said ship or vessel being laden with —, on the 
 — day of — last past, they, the said appearers set 
 sail, on board the said ship, from — in —, bound 
 directly to this port of — ; and that the said ship 
 in the prosecution of her said voyage, on the — day 
 of the*said month of —, was overtaken by a violent 
 storm and gale of wind, &;c. (as the case may be) in 
 which she shipped very great seas, the water ma¬ 
 king free passage over the said ship ; and that on 
 the — day of the said month, the said storm con¬ 
 tinuing, the sea broke away one of the dead-lights, 
 which was lost, and the said ship was obliged to get 
 before the wind until another dead-light was fixed ; 
 after which the said ship proceeded to this port of 
 —, and made land on the — day of — instant, the 
 wind being — and —, and afterwards made the 
 best of her way for —, where she arrived and moor¬ 
 ed at —, on the — day of — instant, at — o’clock 
 in —. And the said appearers did further severally 
 declare, that the said ship, at the time of her depar¬ 
 ture from — aforesaid, upon the said intended voy¬ 
 age, was tight, staunch, and strong, and had her 
 hatches well and sufficiently caulked and covered, 
 and was well and sufficiently manned, provided, and 
 furnished with all things needful and necessary for 
 the said voyage ; and that during the said voyage, 
 the appearers and ship’s company used their ut¬ 
 most endeavors to preserve the said ship, and the 
 goods of her loading from damage: And there¬ 
 fore the said A B, did declare and protest, as by 
 these presents he does solemnly protest, against all 
 and every person or persons whom it shall or may 
 concern ; and does declare, that all damages, losses, 
 and detriments that have happened to the said ship 
 and the goods of her loading, are and ought to be 
 borne by the merchants and freighters interested, 
 or whomsoever else it shall or may concern, (by 
 ■way of average or otherwise,) the same having oc« 
 
202 
 
 MERCANTILE. 
 
 curred as before mentioned, and not by or through 
 the insufficiency of the said ship, or neglect of the 
 said appearer, his officers, or any of his mariners. 
 Of all which act, &c. 
 
 Entry of Protest. 
 
 K L, master of the ship or vessel called t|*e —, 
 of the burthen of — tons or thereabouts, laden with 
 —, sailed from — on the — day of — last, and put 
 into — on the — day of —, also last past, where 
 he was wind bound until the — day of the said 
 month of —., when he again set sail and arrived at 
 her moorings off —, in the river (or harbor) of —, 
 this — day of—, 18 —, but fearing damage, enters 
 his protest accordingly. 
 
 Another. 
 
 K L, master of the ship or vessel called the —, 
 of the burthen of— tons, or thereabouts, laden w ith 
 —j sailed from — on the — day of —, now last 
 past, and arrived at her moorings at —, in the har¬ 
 bor of —, the — day of this present month of —, 
 but fearing damage, enters his protest accordingly. 
 Dated the — day of—, 18 —. 
 
 Protest of an Inland Bill of Exchange. 
 
 (Here copy the bill.) 
 
 On this — day of—, in the year —, at the re¬ 
 quest of A B, of —■, and bearer of the original bill 
 of exchange, w hereof a true copy is above written, 
 I, L M, of the said town of —, notary public, &c. 
 went to C D, on whom the said bill is drawn, and to 
 whom I presented the same and demanded payment 
 thereof, to which he answered that, &ic. Therefore, 
 I, the said notary, do hereby, in presence of the 
 witnesses hereunder written, protest the said bill. 
 
 Dated, &c. 
 
MERCANTILE. 
 
 203 
 
 AFFIDAVITS. 
 
 Affidavit of the due execution of a Procuration or 
 Letter of Attorney , made before a Justice of the 
 Peace. 
 
 A B, of, he. makes oath and says, that he was 
 present and did see E F, of&c. duly sign, seal, and 
 as his act and deed deliver, the procuration or let¬ 
 ter of attorney hereunto annexed ; and that the 
 name E F subscribed against the seal of the said 
 procuration or letter of attorney, is of the proper 
 hand-writing of the said E F, and the names of this 
 deponent, and of J M, subscribed to the said procu¬ 
 ration or letter of attorney, as witnesses to the due 
 execution thereof, are of this dpponent’s and of the 
 said J M’s own proper respective hand-writing. 
 Sworn , tfc. 
 
 Affidavit of the Truth of a Protest. 
 
 C^, ss. A B, master. C D, mate, and E F, 
 second mate (as the case may be) of the ship or ves¬ 
 sel called —, being severally duly sworn, do sever¬ 
 ally make oath and say, that the instrument of pro-r 
 test hereunto annexed, has been clearly and dis¬ 
 tinctively read over to them these deponents ; and 
 that the several matters and things therein contain¬ 
 ed are right and true in all respects as the same are 
 therein particularly alleged, declared and set forth. 
 Sworn } fyc. 
 
 Affidavit of Copies of Papers. 
 
 C—, ss. A B, of, he. maketh oath and saith 
 that he hath carefully examined and found the an¬ 
 nexed writings in — pages, to agree with, and to 
 be copies and extracts from sundry original letters 
 signed by C D, E F. & Co. of, he. one purporting 
 to he, he and also of sundry original accounts be¬ 
 tween the said C D, signed by the said D; all 
 which original papers are now produced. 
 
 Sworn , fyc. 
 
TARIFF 
 
 Of Duties on Importations by American Vessels , 
 into the United States, 
 
 AS AMENDED BY ACT OF CONGRESS, PASSED MAY 22,1824. 
 
 Absynth, oil of 15 per cent. ) 
 Acetic Acid or distilled Vinegar 
 
 15 per cent? 
 Acetite of Lead, or White Lead,? 
 
 dry or ground in oil, 4 c. per lb. 
 Acid, Benzoic 15 per cent. ( 
 
 Muriatic 12 1-2 do. ( 
 
 Sulphuric 121-2 do. ?, 
 
 Acorns - - 15 percent.?. 
 
 Adzes - - 25 percent.-. 
 
 Agates (precious stones) 12 1-2 do. -. 
 Alabaster ornaments, or any manu-;. 
 factures of Alabaster, not speci-; 
 ally imported as described under’:- 
 the head of Apparatus, 15 prct. > 
 Alcornoque bark - 15 per cent. ? 
 
 Ale, in bottles.—No duty is charg-?*- 
 ed on the bottles. The common 
 size bottles are estimated at the A 
 Custom-House to contain 2 2-3A 
 gallon per doz. and 10 per cent.?) 
 is deducted for breakage, before?) 
 casting the duty. The duty is ?j 
 20 c. per gall. V 
 Imported otherwise than in bot- V 
 ties - 15 c. per gall. V 
 
 Almonds * - 3 c. per lb.x 
 
 Almond paste - 30 per cent. 
 
 Almond oil - 15 do. X 
 
 Aloes - - 15 do. x 
 
 Alum - - $2,50 per cwt. A. 
 
 Amber (precious stone) 12 1-2 pr.c. A 
 Ambergris - 15 per cent. A 
 
 Amethyst - 12 1-2 per cent. {) 
 
 Ammonia,salts of, & volatile 15 “ A 
 Ammoniac Gum - 15 per cent. A 
 
 Anatomical preparations free?) 
 Anchors, iron - 2 c. per lb. y 
 
 Anchovies, imported as usual in?) 
 
 kegs - - 30 per cent, if 
 
 Angelica root - 15 do. y 
 
 Angora Goats Wool or Hair fixer 
 Animals imported for breed do.;.; 
 
 not imported for breed,;-: 
 whether dead or alive, if:-: 
 not enumerated 15 pr ct. x 
 Animal Oil not otherwise enumer-A 
 atcd - 15 percent.:-: 
 
 •: Annato 12 1-2 pr c. 
 
 Anniseed, (a liquor, and oil of) 
 
 \ 15 per cent. 
 
 \ Anniseed, (seeds) 15 percent. 
 
 A Anthos, oil of - 30 per cent. 
 
 Antimony, regulus of free 
 
 } Tartrite of 15 pr cent. 
 
 ) all medical prepara- 
 
 tions of 15 per cent. 
 
 ; Antique Oil - 30 per cent. 
 
 Antiquities, all collections of, spe- 
 / cially imported, &c. See Jippa- 
 ratus - free 
 
 ■; Antiquities not specially imported 
 as above, pay a duty according 
 : to what they are made of. 
 
 • Anvils - - - 2 c. pr lb. 
 
 Apparatus, Philosophical; instru¬ 
 ments,books, maps, charts, busts, 
 casts, paintings, drawings, engra¬ 
 vings, specimens of sculpture, 
 cabinets of coins, gems, medals, 
 and all other collections of an¬ 
 tiquities, statuary, modelling, 
 etching or engraving, specially 
 imported for the benefit of schools 
 and colleges, and for the use of 
 any society, incorporated for phi¬ 
 losophical or literary purposes or 
 for the encouragement of the fine 
 arts, or by order and for the use 
 of any seminary of learning free 
 If not for special use as above, 
 the duty for the articles not spe¬ 
 cially named, will be according 
 to the materials they are com¬ 
 posed of. 
 
 Apparel, wearing and other person¬ 
 al baggage in actual use, and the 
 implements of trade of persons 
 arriving in the U. S. free 
 
 Apples, pine - 15 per cent. 
 
 Aquafortis r 12 1-2 do. 
 Arabic, gum - 12 1-2 do. 
 
 Argol - - 12 1-2 do. 
 
 Arjnenian stone or bole Armenian 
 
 15 percent. 
 
 Arms, fire and side, not otherwise 
 enumerated 30 per cent 
 
 18 
 
206 
 
 TARIFF. 
 
 15 per cent. 
 15 per cent. 
 15 do. 
 
 free 
 
 25 per cent, 
 or smoked or 
 2 c. per lb. 
 
 Amato - 12 1*2 per cent, x Beans 
 
 Arrack - - 15 per cent. castor 
 
 Arrow Root * 15 do. x Bears oil 
 
 Arsenic - - 15 do. Beaver 
 
 Articles of the growth, produce or :'; Bedticking 
 
 manufacture of the U. S. or their A Beef, salted, dried 
 territories and of their fisheries {) jerk 
 
 free i) Beer, imported in bottles 20 c. gal. 
 For the use of the U. S. do. ii otherwise than in bottles 
 Not enumerated 15 per cent, y 15 c. per gall. 
 
 Artificial flowers 30 per cent. V N. B. for size of bottles, &c. 
 
 Ashes, pot, pearl and common V see Ale. 
 
 15 per cent, x Bees Wax, white or bleached 
 15 do. x 15 per cent. 
 
 25 do. x Bellows 30 do. 
 
 25 do. ,X. Bells 25 do. 
 
 B A Belts for swords, with gold or sil¬ 
 
 ver thread w ove in with the silk 
 or other materials 20 per cent. 
 
 Assafoetida 
 
 Augers 
 
 Axes 
 
 Bacon 
 
 Basgage 
 
 
 3 c per lb. A 
 personal, in actual use, A 
 of persons arriving in U. S. free A 
 Bagging, cotton 3 3-4 c. pr sq. yd. i) 
 
 Bags See materials they are (j 
 made of. ij 
 
 Bags in which sugar, coffee, salt or V Benzoic acid, 
 any like article is usually V benzoin 
 
 embroidered with the needle, 
 with gold or silver thread, 
 this forming the material of 
 chief value 12 1-2 per cent. 
 
 or flor or flower 
 15 percent. 
 
 imported, if full free >: Benzoin gum - 15 do. 
 
 linen, empty 25 per cent, y Bergamot, and oil or essence of 
 grass & gunny, empty 15 do. x 30 per cent. 
 
 Balls, billiard, ivory & bone 15 do. x Berries, juniper - 15 do. 
 
 Balsams, medicinal as well as cos-x yellow, for dying 12 1-2 do. 
 
 metic 30 percent. Billiard balls (ivory or bone) 
 
 Bamboos - freer, 15 per cent. 
 
 Barley - - 15 per cent. A Bismuth 15 do. 
 
 Bar Iron, manufactured by rollingA oxide of 15 do. 
 
 3 c per lb. (; Black, Frankfort 15 do. 
 
 without rolling 90 c. pr cwt . ! .) ivory and lamp 15 do. 
 
 Bar Lead - - 2 c. per lb. ! .j Black lead - - 15 do. 
 
 Bais, brass (this means nothing V Black glass bottles —see Bottles. 
 
 15 
 
 25 
 
 25 
 
 per ct. 
 
 44 
 
 12 
 
 1-2 
 20 
 15 
 4 c. 
 
 free, 
 per ct. 
 
 44 
 
 but pigs of a better shape) free V Blacking 
 Bars, tin do. Blankets, of wool 
 
 Bark, alcarnoque, winter or canel-x of cotton 
 
 la alba, Casearilla and Peruvian x Block tin 
 
 15 per cent, x Blondes silk lace 
 Bark of the cork tree or any other x Blue, Prussian 
 tree except medicinal, un-.-v pots 
 manufactured - free.A vitriol - 
 of the tree, manufactures of, A Bodkins, of ivory or bone 1 
 such as Madrass Handkfs. A of silver 
 
 15 per cent. A of steel 
 
 Barilla ... free?) Bole Armenian - 
 Barytes - - 15 per cent, y Bolt Iron See Iron. 
 
 Baskets, of palm leaf or any other'-jjiolrtng cloths 
 
 baskets made as usual 3t> pr ct. V Bolts, copper or comp. 
 Basket-Carriages for children V Bombazetts 
 
 30 per cent.;-: Bone, whale and manufactures of 
 Battledores - 15 per cent. X whale-bone not enumerated 
 
 Beads, of glass. See Glass. v 15 per cent, 
 
 ofpreciousstones 121-2 pc. >; Bone, manufactures of, not enu- 
 
 per lb. 
 5 pr ct. 
 - 121-2 “ 
 25 ‘* 
 15 per cent. 
 
 15 per cent. 
 
 4 c. pr lb. 
 25 percent. 
 
 of other materials, see that;-: 
 material. 
 
 merated 
 
 15 per cent 
 

 TARIFF. 
 
 207 
 
 Bonnets or hats, Leghorn, and of; 
 straw, chip or grass 50 pr cent. :• 
 N. B. 50 pr cent, duty on $1 pi > 
 hat or bonnet is to be charg-? 
 ed on such as do not, with ( 
 the addition of 10 per cent. ( 
 to the invoice, come up to( 
 $1 each. ( 
 
 Books, specially imported, &c. ? 
 
 See Apparatus. ? 
 
 printed previously to 1775,-. 
 and in other languages 1 ;, 
 than the English (except;, 
 latin and greek,) 
 
 4 c. per vol. > 
 in latin and greek, when-’ 
 bound 15 c. per lb. ? 
 
 do. do. not bound? 
 
 13 c. per lb. ? 
 all others, when bound ( 
 30 c. per lb. ( 
 do. when in sheets or? 
 boards 26 c. per lb. ? 
 
 Boots, laced, or bootees $1,50 pair? 
 
 Borax - - 15 per cent. ? 
 
 Botany, specimens of - free 1 ;. 
 
 Bottles, blk. quart glass $2 pr gro. ;• 
 do. over 1 and not exceed-’:- 
 ing 2 qrts. $2,50 pr gro. ’:■ 
 do. over 2 qts. and not ex- 
 ceeding 1 gal. $3 pr gro. ? 
 
 Boxwood, unmanufactured free? 
 
 Brads, not exceeding 16 oz. per M. ? 
 
 5 c. per M ( 
 exceeding 16 oz. per M. ( 
 5 c per lb. ? 
 
 Braids for making hats and bon-? 
 nets - - 50 per cent. ? 
 
 Bran - - 15 do. ? 
 
 Brandy, 1st & 2d prf. 38 c. pr gal. ? 
 3d proof 42 do. ; 
 
 4th do. 48 do. ;• 
 
 Brandy Fruits, that is, fruits pre- :• 
 served in brandy 30 per cent. 
 
 Brass, manufactures of all kinds of.- 
 or of which brass is a component; 
 material, not otherwise specifi-/ 
 ed - - - 25 per cent. ( 
 
 Brass Nails - 4 c. per lb ? 
 
 in pigs - - free? 
 
 in bars, that is in pigs of a? 
 
 belter shape - free? 
 old, fit only to be remanu-? 
 factured - - free? 
 
 Brazilpebbles prepared for specta-? 
 cles - - 12 1-2 percent.? 
 
 Brazil and Brazilletto wood free? 
 
 Bricks - - 15 percent.;- 
 
 Bridles - - 30 per cent.’ 
 
 ; Brimstone or Sulphur whether 
 crude, in rolls or flour sulphur 
 
 free 
 
 Bristles - - 3 c per lb. 
 
 Bristol brick - 15 percent. 
 
 stones - 12 1-2 do. 
 
 Bronze, that is articles not enume¬ 
 rated, manufactured from bronze 
 25 per cent. 
 
 Brooms 30 do. 
 
 Brown, Spanish, considered as dry 
 ochre - - 1 c. per lb. 
 
 Brushes - - 30 percent. 
 
 Buckles - - 20 do. 
 
 Building Stones - 15 do. 
 
 ’ Bullion ... free 
 Burlaps - - 15 per cent. 
 
 . Burr Stones, unwrought free 
 ; Busts, specially imported, &c. See 
 : Apparatus - - tree 
 
 ; not specially imported as a- 
 i bove, pay according to the 
 
 materials they are made of. 
 ! Butter - - 5 c. per lb. 
 
 ; Button-Moulds - 20 per cent*. 
 
 1 Buttons - - 20 do. 
 
 1 Buttons, pearl - 20 do. 
 
 : Butts, hinges of all kinds 25 do. 
 
 : C 
 
 • Cabinets of coins, specially im- 
 
 i ported—see Apparatus, free, 
 
 i Not specially imported as 
 
 i above, if gold or silver, free, 
 
 j Not specially imported as 
 
 • above, if copper, 25 per ct. 
 
 : Cabinet wares 30 do. 
 
 : Cables, tarred - 4 c. per lb. 
 
 Iron, or chains, 
 or parts thereof, 3 c. do. 
 N. B.—No drawback is allowed 
 ; on the exportation of iron cables, 
 
 : or parts thereof. 
 
 : Calimancoes - - 25perct. 
 
 \ Calaminaris, lapis - free. 
 Calf skins, dry, salted or pickled, 
 ] untanned, free. 
 
 tanned, 30 per ct. 
 
 : Calicoes—see cotton manufactures. 
 i Calomel, - - 15 per ct. 
 
 Cambrics, cotton—see cotton ma¬ 
 nufactures. 
 
 linen 25 per ct. 
 
 Camel’s hair, - - free. 
 
 Camlets, - - 25 per ct. 
 
 Camomile flowers, 15 “ 
 
 Camphor, refined, 12 c. per lb. 
 
 crude, 8 c. “ 
 
 Camwood, ... free 
 •'Canary seed, - - ISperct. 
 
208 
 
 tXRIFF. 
 
 Candles, tallow - 5 c. per lb. 
 
 spermaceti, 8 c. “ •>: 
 
 wax, 6 c. 
 
 Candlesticks—see manufactures;-: 
 
 of the material they are made of. X 
 Canella alba, or winter’s bark, ?\ 
 
 15 per cent. A 
 Canes, or walking sticks, 30 “ A 
 
 Cannon, of cast iron 1 c. per lb. A 
 of brass 25 per ct. A 
 
 Cantharides - - 15 “ (j 
 
 Canton crapes—see silk. y 
 
 Canvass carpets, (flax) y 
 
 20 c. per sq. yd. L* 
 Capers, - - 30 per ct. v 
 
 Caps or hats,of fur, lea- >■ 
 
 ther or silk, 30 “ v 
 of chip or straw, 50 “ 
 of wool, - - 30 “ x 
 
 Caps for women, - 30 “ >• 
 
 Caraway, oil ol - - 30 “ A 
 
 seed, - 15 “ 
 
 Carbonate of magnesia A 
 
 and of soda, - 15 “ A 
 
 Cardamon, or cardamon y 
 
 seed, - - 15 “ O 
 
 Cardamum, cardamo- y 
 
 mum, and do. seed, 15 “ y 
 Cards, playing 30 c. per pack. V 
 visiting - 30 per ct. 
 
 Carmine, - 15 “ 
 
 Carpets and carpeting, Brussels, (:•; 
 Turkey & Wilton, X 
 
 50c. per sq. yd. x 
 Venetian and ingrain, a 
 25 c. per sq. yd. A 
 all other kinds of, made A 
 of wool, flax, hemp or A 
 cotton, or parts of either, (} 
 20 c per sq. yd. ('■ 
 of oil cloth, 30 per ct. it 
 all other kinds of, madey 
 of tow, flags, or anyv‘ 
 other material, 30 pr cl. 
 Carriages, of all kinds 
 
 and parts thereof, 30 “ 
 
 Carui, oil of - - 30 44 )•: 
 
 Cascarilla bark, - 15 44 x 
 
 Cashmere shawls and >• 
 
 gown patterns, 25 “ r, 
 
 gowns, ready made 30 “ n 
 
 Cassia, Chinese - 6 c. per lb. A 
 
 Sumatra and Calcutta, A 
 6 c. per lb. (> 
 oil of - 15 per ct. (> 
 
 Cast iron vessels, not otherwisey 
 specified 1 1-2 c. per lb. y 
 
 Castings of iron not oth- v 
 
 erwise specified, 1 c pr lb. V 
 
 Castor beans, - * 15 prefix 
 
 Castor oil, - - 40 c. per gal. 
 
 Castors, (for the table) according 
 to the material of chief value 
 they are made of. 
 
 Castorum, 15 per ct. 
 
 Casts, specially imported, &c.—see 
 Apparatus. 
 
 Not specially imported as 
 above, pay according to the 
 material of chief value they 
 are made of- 
 
 Catechu or terra japanica, 
 
 15 per efi 
 
 Catgut, - - 15 “ 
 
 Caustic, common, or la¬ 
 pis infernalis, 15 “ 
 Lunar er ni¬ 
 trate of silver, 15 “ 
 Cayenne pepper, 15 c. per lb. 
 Celtze, or celtzer water, 15 per ct. 
 Cement, Roman 15 44 
 
 Ceruse or acetite of lead, or white 
 lead, dry or ground in oil, 
 
 4 c. per lb. 
 
 Chain cables and parts 
 thereof, - 3 c. “ 
 
 N. B.—No drawback is allowed 
 on the exportation of this article. 
 Chairs - - - 30 per efi 
 
 Chalk, red (not Spanish 
 
 brown) and white 15 44 
 
 Chamomile flowers 15 “ 
 
 Charts, specially imported, &c.— 
 see Apparatus, free 
 not specially imported as 
 above - ISperct. 
 Cheese - - 9 c. per lb. 
 
 Chemical Salts not otherwise enu¬ 
 merated 15 per ct. 
 preparations, not other¬ 
 wise specified 15 per efi 
 Cheroots or indiacigars 10 c. pr. lb. 
 Cherry Rum - - ISpercL 
 
 Chesnuls - - 15 “ 
 
 China Silks (till Jan. 1, 
 
 1825) - - 15 44 
 
 after that time 25 44 
 ware - 20 44 
 
 Chinese, Cassia - 6 c. per lb. 
 
 Chissels 25 per ct. 
 
 Chocolate - 4 c. per lb. 
 
 Ciar rope - - 5 c. “ 
 
 Cicuta or Hemlock 15 per ct. 
 Cigars $2 50 per M. 
 
 Cinchona or Peruvian bark 
 
 15 per ct. 
 
 Cinnamon - - 25 c. per lb. 
 
 oil of - 15 per efi 
 
 Citron - ■« - 15 44 
 
 Clay, unwrought - - fre* 
 
TARIFF. 
 
 209 
 
 Clocks - - - 15 per ct. 
 
 Clothing, ready made 30 “ :• 
 
 in actual use of persons:* 
 arriving in the U. S. free :• 
 Cloths, see manufactures of the.* 
 materials they are made of. ,* 
 Cloths, that is oil-cloths of all de- : * 
 scriptions, and painted floor-( 
 cloths - - 30 per ct. ( 
 
 Cloves - - 25 c. per lb. ( 
 
 oil of - - 15 per ct. ( 
 
 Coaches - - - 30 “ i 
 
 Coach-furniture - 25 “ \ 
 
 Coac'nlaces 35 per cent \ 
 
 Coal - 6 c. per heaped bushel. 
 
 Cochineal - - 12 1-2 per ct.;. 
 
 Cocoa - - -2 c. per lb. ;■ 
 
 Cocoa nuts - - 15 per ct. :• 
 
 shells - - 15 “ * 
 
 Colfee - - -5 c. per lb. * 
 
 Coin, gold or silver - free, ( 
 copper - - 25 per ct. ( 
 
 Coins, cabinets of, specially im-( 
 ported, see Apparatus, free. ( 
 cabinets of, not specially: 
 imported as above, if cop-'!, 
 per - - 25 per ct. t. 
 
 Coiar rope - - 5 c. per lb. 
 
 Colcother, a kind of Spanish-, 
 brown, or ochre, dry 1 c. per lb. ;, 
 ground in oil 1 1-2 c. “ 
 
 Cold cream,(a perfumed cosmetic) 
 
 30 per ct. * 
 
 Collections of antiquities—see Ap-.* 
 paratus. f 
 
 Colocynth or coloquintida 15 p. c. r 
 Cologne water - 30 “ ( 
 
 Colors, water,not specified 15 “ ( 
 
 Columbo root - - 15 “ i 
 
 Combs, iron or steel 25 “ i. 
 
 ivory, shell or horn 15 “ 
 Comfits or sweetmeats preserved-. 
 
 in sugar or brandy 30 per ct. -. 
 Compasses - - 25 “ ;• 
 
 Composition rods, bolts, spikes or;- 
 nails - - 4 ct. per lb.* 
 
 Coney wool for hatter’s use free. * 
 Confectionary, preserved in sugar,; - ;. 
 
 or brandy - 30 per ct. A 
 
 Copal, gum - - 15 “ (\ 
 
 Copper rods, bolts, spikes or nails () 
 
 4 c. per lb. 
 
 Copper, all manufactures of, or of/ 
 which copper is the materialU 
 of chief value, not otherwise U 
 specified - 25 per ct. 
 
 imported for the use of the;.; 
 
 mint - - - free/:*: 
 
 in pigs - - - “ X 
 
 in bars, that is pigs of a bet ter v 
 shape - - - free/ 
 
 17* 
 
 Copper in plates, suited to the 
 sheathing of ships, that is sheet 
 copper, about 14 by 48 inches, 
 and weighing 14 to 34 oz per 
 sq. foot - - - free 
 
 Copper, old, fit only to be re-man¬ 
 ufactured ... free 
 Copper bottoms, cut round, and 
 copper bottoms raised to the 
 edge, still bottoms and parts 
 thereof 15 per ct. 
 
 : Copper in plates or sheets, weigh¬ 
 ing more than 40 oz. per square 
 :• ft. commonly called brazier’s 
 r copper - - 15 per ct 
 
 ! Copper plates to engrave on 15 do. 
 Copper, sulphate of 12 1-2 do. 
 
 Copper, all vessels of 35 do. 
 
 ' Copperas - $2 per cwt. 
 
 . Coral - - 15 per cent. 
 
 . Cordage, tarred - 4 c. per lb. 
 
 untarred - 5 c. do. 
 
 • Cordials - - 15 per cent. 
 
 ■ Cork, that is tire bark of the cork 
 tree unmanufactured - free 
 
 1 Corks - - 12 c. per lb. 
 
 Corn of all kinds - 15 do. 
 
 Cornelian Stones 12 12 do. 
 Corrosive Sublimate 15 do. 
 Cosmetics - - 30 do. 
 
 Cotton - - 3 c. per lb. 
 
 Cotton bagging 3 3-4 c, pr sq yd. 
 Cotton, all manufactures of,"or of 
 which cotton is a component ma¬ 
 terial not otherwise specified 
 
 25 per cent. 
 N. B. 25 per cent, duty on 30 c. 
 per sq yd. is to be charged on 
 such cotton cloth (nankeens 
 direct from China excepted) 
 as does not with the addition 
 of 20 per cent, to the Invoice, 
 if imported from the Cape of 
 Good Hope or places beyond 
 it; and of 10 per cent, if from 
 any other place, come up to 
 30 c. per sq. yd. that is, the 
 lowest rate of duty is 7 1-2 c. 
 per square yard. 
 
 Also N. B. Unbleached and un¬ 
 colored cotton twist, yarn or 
 thread, the original cost of 
 which shall lie less than 60 c. 
 per lb. shall be charged with u 
 duty as if it cost 60 c. per lb.; 
 and all bleached and colored 
 cotton yarn, twist or thread, 
 the original cost of which shall 
 be less than 75 c. per lb. shall 
 be charged with a duty as if 
 it cost 75 c. per lb. 
 
210 
 
 TARIFF. 
 
 12 1-2 pr cent. (> 
 25 per cent. A 
 12 1-2 pr ct. (; 
 
 Court Plaister 
 Cowage or Dolicos 
 Cranks, mill, wrot. 
 
 Crapes.—See Silk. 
 
 Crayons 
 
 Cream Tartar - 
 Crucibles 
 
 Crude or Red Tartar 
 Crystals.—See Glass. 
 
 Cudbear 
 Cummin Seed 
 Curcuma 
 Currants 
 
 Cut Glass, all wares of, not other 
 wise specified - 3 c. pr lb. 
 
 and in addition thereto an adx 
 valorem duty of 30 per cent, x 
 
 5perct-x See Apparatus - free 
 15 do. x Engravings not specially imported 
 iron 4 c. pr lb. x as above - 25 per cent. 
 
 A Epaulettes, and Wings (a kind of 
 15 percent^ epaulettes) 12 1-2 per ct. 
 
 Sergeants Knots of wool, cot¬ 
 ton, or silk—see manufac¬ 
 tures of the materials they 
 y are made of. 
 
 y Epsom Salts - 4 c. per 11). 
 
 y Essences, Burgamot 
 v Lavender 
 
 12 1-2 
 15 
 
 12 1-2 
 
 do. 
 
 do. 
 
 do. 
 
 3 c. per lb, v 
 
 Cutlery 
 
 20 do. 
 
 Orange 
 Roses, otto 
 of roses 
 Rosemary 
 Thyme 
 
 C *■« 
 
 5 
 
 S G- 
 
 C/3 
 
 nj t/3 
 
 U 0 > 
 
 ®-c P 
 
 -G 4} — 
 
 2 
 
 C3 O 
 
 a 
 
 o 
 
 o 
 
 <3 
 
 c, 
 
 o 
 
 CO 
 
 D 
 
 a Essences not used as perfumes— 
 See Oils - 15 percent. 
 
 Damasks.—See manufactures of A Etching or engraving specially im- 
 the material they are made of. A ported, &c. See Apparatus free 
 
 Dates 
 Demijohns 
 Diapers 
 
 Dice, ivory or bone 
 Distilled Vinegar 
 Diuretic, Sal 
 Dolicos or Cowage, 
 
 15 per cent. A Etching not specially imported as 
 25 c. each Cj above • - 15 percent. 
 
 25 per cent. 0 Ether, sulphuric - 15 “ 
 
 15 do. 0 F 
 
 15 per cent. V Fans - * 30 per cent. 
 
 15 per cent, v Feathery, ornamental, manufactu- 
 15 “ x red or unmanufactured 30 pr ct. 
 
 Dolls, dress’d or undress’d 30 “ Feathers for bed3 - 15 pr ct. 
 
 Down of all kinds 15 per cent, x Felt, patent adhesive, for covering 
 Dragon’s blood - 15 “ x ship’s bottoms (until June 30, 
 
 Drawing Pencils - 30 “ 1826) ... f re e 
 
 Drawings, specially imported, &c. A after that time 121-2 pr ct. 
 
 See Apparatus - - free A Fennel, and oil of 15 percent 
 
 Drawings not specially imported as A Fiddles, of wood 
 above - 15 per cent. A Figs 
 
 Drugs, dying, not subject to other(5 Filberts 
 
 rates of duty 12 1-2 per cent, y Fire arms, not otherwise specified 
 Drugs, medicinal, not subject tof; 30 per cent 
 
 ot her rates of duty 15 pr ct A Fire Crackers - 15 “ 
 
 Duck, sail - 15 “ i) Fish, cod, haddock, pollock, dried 
 
 Dutch Pink - 1> “ y or salted; & other foreign caught, 
 
 Dye Woods ... freey rrot enumerated $1 per cwt. 
 Dying drugs and materials for com-V Fish, Herring, smoked 15 pr ct. 
 
 
 30 
 
 3 c. per lb. 
 15 per cent. 
 
 Mackerel - $1,50 pr. bbl. 
 
 Salmon, pickled or dry salted 
 $2 per bbl. 
 Salmon, smoked 15 per ct. 
 all other pickled $1 per bbF. 
 
 posing dyes, not subject to other-.; 
 rates of duty 12 1-2 per cent. V 
 E x 
 
 Earthen Ware 20 per cent, x 
 
 Elephants Teeth 15 “ ,x 
 
 Embroidery, done with a needle, A Fish Glue, called isinglass 15 prct. 
 and with thread of gold orn Fishing nets - 5 c. per lb. 
 
 silver - 12 1-2 pr cl A Flags, that is mats of grass or flags 
 
 not done with a needle ; or if A 30 per cent 
 
 done with a needle, but with A Flat Irons - - 1 c pr lb. 
 
 silk, thread or chinelle, &c.y Fiats lor making hats and bonnets 
 See Silk. y 50 percent 
 
 Emery - - 15 per cent. >• Flax - - 15 “ 
 
 Emetic, that is tartar emetic 15 “. v Flax, all manufactures of, not oth- 
 Enamel - - 15 percent.;-: erwise specified 25 per cent 
 
 Engravings, specially imported,&c Flies, Span, or cantharides 15 prct 
 
Tariff. 
 
 211 
 
 Flints - - 15 per cent V 
 
 Floor cloths, painted 30 per cent x 
 Flor, benzoin and chamomile, a 
 
 15 per cent A 
 Flour, wheat - 50 c per cwt A. 
 
 Flour, sulphur - free A 
 
 1' lowers, artificial 30 per cent () 
 benzoin chamomile and ■} 
 mash mallows 15 pr ct. ij 
 Flutes, of wood - 30 “ ij 
 
 of ivory or bone 15 “ '■) 
 
 Foreign, caught Fish—See Fish, y 
 Frames for umbrellas and para-V 
 sols 30 per cent 
 
 Frankfort Black - 15 “ x 
 
 Frankincense - 15 “ 
 
 French Green - 15 u x 
 
 Fringes.—See manufactures of the- - ; 
 
 material they are made of. j) 
 Frocks, Guernsey - 30 per cent A 
 Fruits preserved in brandy, in su-A 
 gar, or pickled, not otherwise() 
 specified - 30 per cent A 
 
 Fruits of all kinds not specified, & ij 
 not preserved in sugar dr brandy, V 
 nor pickled, and not used princi-v 
 pally in dying 15 per cent;.; 
 
 Furniture, that is coach and har-x 
 ness furniture 25 per cent 
 
 Furs, undressed, of all kinds free :■[ 
 dressed (other than hats or a 
 caps) - 15 per cent A 
 
 Fur hats or caps 30 per cent A 
 
 Fustic .... free A 
 
 G „ 0 
 
 Galbanum gum 15 p. c. (> 
 
 Gallengal, orgallengal root 15 “ ij 
 Galloons.—See manufactures ofO 
 the materials they are made of. y 
 Galls, nut - * 12 1-2 p. c.y 
 
 Gamboge gum - 15 percent-.; 
 
 Garden seeds - . 15 * “ 
 
 Garnets, a prec. stone, 12 1-2 p. c. 
 Gauze.—See silk x 
 
 Gems, specially imported, &c.— x 
 See Apparatus free A. 
 
 not specially imported as A 
 above 12 1-2 per cent.A 
 Gentian or gentian root 15 p. c. A 
 Gilt wares of all kinds 25 “ (j 
 Gin, 1st proof, 42 c. pr. gal.O 
 
 2d do. 45 “ u 
 
 3d do. 43 « 0 
 
 4 th do. 52 “ y 
 
 Gin cases - - 20 percent';/ 
 
 Ginger - - 2 c. per lb. 
 
 Ginseng - - 15 per centx 
 
 Girandoles or candlesticks, with X 
 branches made of metal as us- 
 ual - - - 25 percent# 
 
 Glass, black bottles.—See bottles; 
 All wares of cut glass, not 
 specified 3 c. pr. lb. 
 & in addition thereto an 
 ad valorem duty of 30 p.c. 
 All other articles of glass, 
 not specified 2 c. per lb. 
 and in addition thereto 
 an ad valorem duty of 
 20 per cent 
 Vials.—See Vials. 
 
 Window, see window glass 
 Glauber salts - 2 c. per lb. 
 
 Globes - - 15 per cent 
 
 Gloves, leather of all kinds, 
 
 30 per cent 
 other kinds of.—see man¬ 
 ufactures of the mate¬ 
 rial they are made of. 
 Glue, (other than fish glue called 
 isinglass) 5 c. per lb. 
 
 Goats’ hair or wool ' free 
 skins in the hair “ 
 
 do. tanned 30 per cent 
 Gold, articles composed of, or 
 chiefly of gold, silver, pearl 
 and precious stones 
 
 12 1-2 per cent 
 coin ... f r ee 
 lace - - 121-2 per ct. 
 
 leaf 15 “ 
 
 watches - 12 1-2 per ct. 
 
 Gowns, cashmere, ready made 
 
 30 per cent 
 not made up, called cash- 
 mere gown patterns, 
 
 25 per cent 
 
 Grapes - - 15 “ 
 
 Grass, that is mats of grass, or 
 flags, 30 per cent 
 
 ropes 5 cents per lb. 
 
 Green, French, mineral and olym¬ 
 pian 15 per cent 
 
 Grindstones 15 “ 
 
 Guava jelly 30 “ 
 
 Guernsey Frocks 30 “ 
 
 Guiac, or guiacum gum 15 per ct. 
 Guitars, of wood 30 per cent 
 Gum, aloes and ammoniac 
 
 15 per cent 
 arabic 12 1-2 per cent 
 
 Assafoetida, benzoin, cam¬ 
 phor,copal,dragons blood, 
 elastic, galbanum, gam¬ 
 boge, guiac or guiacum^ 
 kino, lac, manna, mastic, 
 myrrh,sandarac,scamony, 
 shellac, thus, and traga- 
 ctmth 15 per cent 
 
11 
 
 lv} 
 
 I'- 
 
 \i ? 
 
 212 
 
 TARIFF. 
 
 Gum, Senegal 12 1-2 per rent:-: Hour glasses— see glass. 
 
 Gunnies, or gunny bags 15 pr ct. X Hyacinth 15 per ci. 
 
 Gunpowder - 8 c per lb. X I 
 
 Gypsum or Plaster Paris free/-. Iceland moss - 15 do. 
 
 II X Implements of trade of persons 
 
 Hair, angora, goats or camels, free. A arriving in the U. States free, 
 horse or any other not eim-;) India rubber - - 15 perct. 
 
 merated, and which may not i) Indigo - - 15 c. per lb. 
 
 pass as “ undressed furs used Ink, China, powder, for printing 
 entirely for the manufacture y or writing, or indelible 15 p. c. 
 of hats” - - 15 per ct. V Instruments, specially imported— 
 
 Hair cloth 30 do. V see Apparatus , free, 
 
 powder - - 15 do. not specially imported as 
 
 seating - - 30 do. above, pay according 
 
 Half-hose—see manufactures ofx to the material of chief 
 
 the material they are made of. X value they are made of. 
 
 Hammers,blacksmiths’2 l-2c.p.lb. A Inventions, that is models of ma- 
 Hams and other bacon 3 do. A chinery & other inventions free. 
 Hangings, paper - 40 per ct. A Ipicac or ipicacuhana 15 per ct. 
 
 Hard ware, all articles of, not oth-A Iris root - 15 do. 
 
 ervvise specified, 
 Hares’ hair 
 Harness 
 
 Harness furniture 
 Harps ... 
 Hartshorn 
 Hatchets 
 
 Hat covers of oil-cloth 
 
 25 per ct. ;} Iron, anchors and anvils 2 c. p. lb. 
 free, ii cables or chains, and parts of 
 
 30 
 
 25 
 
 30 
 
 15 
 
 25 
 
 15 
 
 perct. 
 
 do. 
 
 do. 
 
 do. 
 
 do. 
 
 do. 
 
 Hats, Leghorn. See bonnets. 
 
 3 c. per lb. 
 
 V N. B.—No drawback is allowed 
 
 V on iron cables or parts thereof, on 
 
 V the exportation of the same. 
 
 Iron, in bars or bolts, not raanu* 
 
 x factured, in whole or in 
 
 part, by rolling, that is Rus- 
 
 of fur 
 
 30 do. X 
 
 sia and Swedes iron 
 
 of leather 
 
 30 do. X 
 
 90 c. per 112 lbs. 
 round iron, or braziers’ rods, 
 
 of other material 
 
 30 do. X 
 
 Hautboys 
 
 30 do. A 
 
 of 3-16ths to 8-16tbs of an 
 
 Haversacks of leather 
 
 30 do. ;) 
 
 inch diameter, inclusive 
 
 Head dresses, that is, 
 
 ornaments ii 
 
 3 c. pei lb. 
 
 for head dresses 30 per ct. y in nail or spike rods, slit 
 
 Hearth rugs - - 30 do. \J 3 c. per lb. 
 
 Hellebore root - 15 do. V in sheets ,& hoop iron 3 c. p. lb 
 
 Hemlock or cicuta 15 do. slit or rolled for casement 
 
 Hemp - - $35 per ton. rods, for band iron and 
 
 Hempen cloth, or of which hemp):' scroll iron 3 c. per lb. 
 
 is a component material, not>- N. B.—Iron in bars and bolts, is 
 otherwise specified, 25 per ct. X universally manufactured by rol- 
 Hemp seed oil 25 c. per gal. X ling, in G. Britain. 
 
 Herrings— seejish. A Iron spikes - - 4 c. per lb. 
 
 N. Bi—Those in small kegs are A 
 reduced to bbls. and the duty cast;) 
 accordingly. ■) 
 
 Hides of all kinds, in the hair, dry, A 
 
 salted or pickled 
 Hobby horses, 
 
 Hollands Duck 
 Hones 
 Honey 
 
 Hoops of iron - 
 Hops - | 
 
 Horn plates, for lanthorns, and ally 
 horns and tips 15 percent. 
 Hose—see manufactures of the 
 materia 1 , tliev are made of. 
 
 free, y 
 30 per ct. V 
 15 do. V 
 15 do. v 
 - 15 do. x 
 3 c. per lb. y 
 15 per ct.y 
 
 Iron 
 
 nails, cut or wrought 5 c. p.lb. 
 old - - 15 per ct. 
 
 tacks, brads and sprigs, no! 
 exceeding 16 oz. to the M- 
 5 c. per M. 
 exceeding 16 oz to the M. 
 
 5 c. per lb. 
 wire or steel wire, not ex¬ 
 ceeding No. 18 5 c. per lb. 
 over No. 18 9 do. 
 
 do. square, used in the manu¬ 
 facture of stretchers for Um¬ 
 brellas - 12 perct. 
 
 mill-crank6 and mill irons, of 
 wrought iro* 4 c. per lb. 
 
 I 
 
TARIFF. 
 
 213 
 
 Iron, pig 
 
 50 c. per 1121b. x Lead, super acetite of, or sugar of 
 
 screws, weighing 25 lbs. and.x 
 over - 30 per cent. x 
 
 screws - 30 do. n 
 
 vessels of cast iron, not oth-A. 
 erwise specified 1 l-2c. p.lb. A 
 all other castings of, not oth- A 
 
 15 per ct. 
 in pigs, bars or sheets 
 
 2 c per lb. 
 red lead, dry or ground in oil 
 4 c. per lb. 
 white lead, or ceruse or ace¬ 
 tite of lead, dry or ground 
 in oil * 4 c. per lb. 
 
 erwise specified 1 c. per lb 
 Iron, all manufactures of, not oth-0 
 erwise specified, or of which irony Leaden shot - 3 1-2 c. per lb. 
 
 is component material, 25prct.y Lead, that is, black lead pencils 
 Isinglass or icthycolla or fish-glue V 40 per ct. 
 
 15 per ct. v Leaf, gold 15 do. 
 
 Isinglass or talc or mica 15 do. 
 Ivory, manufactured or not 15 p. c. x 
 Ivory black - - 15 do. p, 
 
 •I A 
 
 Jalap - - 15 per ct. A 
 
 Japaned wares of all kinds A 
 
 25 per ct. A 
 
 Jar Raisins - 4 c. per lb 
 
 J asmine, oil of 
 J erk Beef - 
 Jewelry, real 
 
 silver - - 121-2 do. 
 
 Leather and all manufactures of, 
 or of which leather is the mate¬ 
 rial of chief value, not otherwise 
 enumerated - 30 per ct. 
 
 Leaves of trees of all kinds, not 
 used principally for dying, and 
 not enumerated 15 per ct. 
 
 30 per ct. y Lees, that is wine lees 12 1-2 do. 
 2 c. per lb. y Leghorns or Leghorn straws 
 121-2 per ct. y 50 per ct. 
 
 mock, if gilt or plated y Lemons and lemon juice 15 do. 
 
 15 per cent. V Lemon, oil or essence of 30 do. 
 mock, if not gilt or plated;.-Lents 15 do. 
 
 25 per cent x Levantines—see silks. 
 
 Jostic or Jos’stick 15 do. x Limes and lime juice 15 do. 
 
 Juice of lime or lemon 15 do. X Lime 15 do. 
 
 Juniper, Juniper berries or oil of X Lines - - 5 c. per lb. 
 
 Juniper - - 15 per ct. A Linens, linen bags empty, and all 
 
 Junk, old » - 15 do. A manufactures of flax, excepting 
 
 K (j clothing ready made, and not 
 
 Kaleidoscope—see glass. A enumerated - 25 per ct. 
 
 King’s yellow - 15 per ct. y Linseed oil - 25 c. per gal. 
 
 Kino, gum - - 15 do. y Lint - - 25 per ct. 
 
 Knives, cutting, of iron and steely Liquorice—paste, root or juice 
 
 30 per ct. V 
 
 L v Litharge 
 
 Lac-dye - - 12 1-2 per ct. x Living Turtles 
 
 Lace of gold or silver 1 1 1-2 pr. c. Logwood 
 Laces, coach, of cotton or ether x. Lump sugar 
 material 35 per ct. x Lunar caustic 
 
 all other kinds 12 1-2 do. x Lustrings—see silks. 
 
 Laced boots or bootees $1 50 p. pr. A M 
 
 Lake paints - 15 per ct. A Macaroni 
 
 Lamp black - - 15 do. A Mace 
 
 Lanthorn leaves, or horn plates (} oil of 
 
 15 per ct. y Machinery, that is models of ma- 
 Lapis calaminaris - free, y chinery and other inventions free 
 mfernalis - 15 per ct. y Mackerel - - $1 50 per bbl. 
 
 Lard ... 3 c. per lb. V Madder and madder root 
 Lavender,ol of, & essence 30 prc.V 1.’ 12 perct. 
 
 dry flower of 15 do. x Madras handkerchiefs and other 
 Lead, all manufactures of, or ofx manufactures of the bark of the 
 which lead is a component ma-X tree - - 15 perct. 
 
 terial, not otherwise specified >' Magnesia or carbonate of magnesia 
 
 25 per ct. x 15 per ct. 
 
 15 per ct. 
 15 do. 
 15 do. 
 free 
 10 c per lb. 
 15 per ct. 
 
 15 per c-t. 
 $1 per 1 b. 
 15 per ct. 
 
214 
 
 TARIFF. 
 
 Mallets, wood 
 Malt 
 
 Manganese 
 
 Mangrove shells 
 
 30 do. 
 
 15 do. A 
 15 do. A 
 15 do. A 
 Manna - 15 do. A 
 
 Manufactured tobacco, other than A 
 snuff and cigars 10 c per lb. (} 
 
 Maps, specially imporied—seey 
 Apparatus , - free y 
 
 not specially imported asV 
 above - 15 per ct. V 
 
 Marble, and all articles manufac-x 
 tured of it (if not specially im-x 
 ported as described under the X 
 head of Apparatus) 30 per ct. >• 
 Mash mallows, flowers 15 do. A 
 Mastic 15 do. A 
 
 Materials for composing dyes, notA 
 subject to other rates of duty A 
 12 1*2 per ct. (> 
 Mats of grass, flags, tow, or of any y 
 other material 30 per ct. V 
 
 Medals, specially imported—see V 
 Apparatus, free.; 
 
 Medals, not specially imported as>; 
 above, according to the material :-; 
 they are composed of. 
 
 Medicinal preparations of Anato-x 
 my 15 per ct. A 
 
 Medicinal preparations not other- A 
 wise enumerated 15 per ct. A 
 Mercury or quicksilver, and all A 
 preparations of 15 per ct. (j 
 Merino shawls—8ee woollen manu- {) 
 factures. V 
 
 Mezereon root 15 per ct. \j 
 
 Mica or talc 15 do V 
 
 Milk of roses 30 do. V 
 
 Millinery of all sorts, not otherwise x 
 enumerated 30 per ct. x 
 
 Mill irons, wrought, and cranks X 
 
 4 c per lb. A 
 Mill saws $1 each A 
 
 Mill stones 15 per ct A 
 
 Mineral gieen 15 do. A 
 
 Mineralogy, specimens of free A 
 
 Minium or red lead 4 c per lb y 
 
 Mint, that is copper in any shape, A 
 imported for the use of the minty 
 
 free y 
 
 Minth or mint, oil of N 15 per ct x 
 Mock jewejry, if gilt or plated V 
 
 25 per ctx 
 
 Mock jewelry, if not gilt or plated x 
 
 15 per ctA 
 
 Models of machinery, and other’:-: 
 
 inventions freey 
 
 Molasses 5 c per gal .; 
 
 Moreens 25 per ctx 
 
 Morocco skins 30 do. 
 
 Moss, Iceland or any other 15 pr c 
 Mother of pearl 15 do. 
 
 buttons 20 do. 
 
 Moulds, that is button moulds 
 
 20 per ct 
 
 Muffs and tippets 15 do. 
 
 Muriatic acid 121-2 do. 
 
 Muscatel raisins 4 cts per lb 
 
 Music, printed—see books. 
 
 Musical Instruments, principally 
 of wood 30 per ct. 
 
 N. B.—This includes organs, pi¬ 
 ano fortes and harps. 
 
 Musk 15 per ct. 
 
 Muskets $1 50 per stand. 
 
 Muslins 25 per ct. 
 
 Mustard 30 do. 
 
 Myrrh gum 15 do. 
 
 N 
 
 Nails, copper or composition 4 c lb. 
 iron, cut or wrought 5 c lb. 
 ornamental,that is brass with 
 gilt or polished heads 
 
 25 per cent 
 
 Nankeens, whether white, blue, 
 long yellow or short yellow 
 
 25 per cent 
 Natural history, specimens of free 
 Neats-iongues, whether smoked or 
 pickled 2 c per lb. 
 
 Needles 20 per cent. 
 
 Nets 5 c per lb. 
 
 Newspapers, if in any quantity, 
 
 15 per cent. 
 Nicaragua wood free 
 
 Nitrate of potash or saltpetre 3 c lb. 
 of silver or lunar caustic 
 15 percent 
 
 Nitre or nitric acid or saltpetre 
 
 3 c per lb. 
 
 Noyeau, a liquor 15 per cent 
 
 Nutgalls 12 1-2 per cent 
 
 Nutmegs 60 c per lb. 
 
 Nut Oil 15 per cent 
 
 Nuts, cocoa or any other nuts not 
 enumeiated and not used princi¬ 
 pally in dying 15 per cent 
 
 Oakum - - 15 per cent 
 
 Oats - -10 c. per bushel. 
 
 Ochre, dry - - 1 c. per lb. 
 
 ground in oil 1 1-2 “ 
 
 Odours which are perfumes 
 
 30 per cent 
 
 Oilcakes - 15 “ 
 
 Oil cloths of every description 
 
 30 per cent 
 
 Oil stone - * H per cent 
 

 TARIFF 
 
 215 
 
 Oil, sail ad - $0 per cent: 
 
 bears, palm-bean, 
 ricini or palma christi 15 p. c. : 
 castor 40 o. per gallon 
 
 Linseed, rape seed, and hemp- 
 seed 25 c per gallon . 
 
 spermaceti of foreign fisheries ; 
 
 25 c. per gallon ; 
 whale and other (not sperm) 
 of foreign fisheries 
 
 15 c. per gallon 
 olive, in casks, 25 c. per gal. 
 vitriol - 3 c per lb. 
 
 all other kinds of, used prin¬ 
 cipally in dying 12 1-2 p. c. : 
 absynth or wormwood, al- : 
 monds, amber, animal, an-. 
 niseed, cassia, cajeput, cin- . 
 namon, cloves, fennell, ju¬ 
 niper, mace, minth or mint, , 
 nutmegs, nuts, poppies, sa-; 
 vin, and all essential oils, •: 
 not used principally as per- i 
 fumes 15 per cent i 
 
 anthos or rosemary, bergamot,' 
 carui or caraway, jasmine, 
 lavender, lemon, sweet mar 
 jorum, orange, origanum or ; 
 thyme,roses or otto of roses, : 
 and all other essential oils, : 
 used principally as per-: 
 fumes 30 per cent } 
 
 Old iron - - 15 percent; 
 
 junk - - - 15 “ 
 
 brass, copper or pewter, fit on-; 
 ly to be manufactured free • 
 Olive oil, in bottles or flasks 
 
 30 c. per gallon i 
 Olives - - 30 per cent i 
 
 Olympian green 15 “ 
 
 Onions 15 *• 
 
 Opium 15 “ 
 
 Orange, oil of, or essence of 
 
 30 per cent: 
 Oranges & orange peel 15 “ .■ 
 
 Ore, inetalic (if not specimens, &c. 
 see apparatus, or for ballast) 
 
 15 per cent; 
 Origanum, oil of 30 per cent = 
 Ornaments for head dresses i 
 
 30 per cent 
 
 Orris root, - 15 “ { 
 
 Ostrich plumes and feathers, man¬ 
 
 ufactured or not 
 
 Otto of roses 
 
 30 
 
 Ozr.aburgs 
 
 15 
 
 Oxidd of bismuth 
 
 15 
 
 Oysters 
 
 15 
 
 30 percent 
 30 per cent 
 
 » 
 
 : Pack Thread 5 c per lb. 
 
 : Paint Brushes 30 per cent 
 
 (Painted floor cloths 30 “ 
 
 ) Paintings specially imported—See 
 :• Apparatus free 
 
 ; not specially imported as 
 
 :• above 15 per ct. 
 
 i Paints, carmine, Dutch pink, 
 } Frankfort black, French green, 
 l ivory black, King’s yellow, lakes 
 
 ■ (not including lac lake,) lamp 
 
 ; black, mineral green, olympian 
 : green, patent yellow, red chalk, 
 : rose pink, terra umbra and des- 
 : enna, and all other paints not 
 •. enumerated and not used prin- 
 ;. cipally as dying drugs or mate- 
 } riaK 15 per cent 
 
 :Paints which are mainly used as 
 
 dying drugs or materials 
 
 12 1-2 per cent 
 ! Palm leaf hats and baskets 30“ 
 
 ■ Pamphlets 26 c per lb. 
 
 • Pantaloons 30 per cent 
 
 : Paper, folio and quarto post, of all 
 
 kinds 20 c per lb 
 
 foolscap, and all drawing & 
 : writing paper 17 c per lb. 
 
 printing, copperplate and 
 Stainers 10 c per lb. 
 
 : sheathing, binders and box 
 
 boards and wrapping 
 ; 3 c per lb. 
 
 : Paper, all other 15 c per lb. 
 
 ; Paper hangings 40 per ct. 
 
 = Parasols of whatever materials 
 •' made 30 per c. 
 
 ; Parasol sticks, or frames for um¬ 
 brellas or parasols 30 per ct. 
 Parchment 30 d®. 
 
 : Paris, white 1 c per lb. 
 
 ; Pasteboard 30 per c. 
 
 : Pastel or woad 12 1-2 do. 
 .Paste work 12 1-2 do. 
 
 : Patent yellow 15 do. 
 
 , Peal, orange 15 do. 
 
 i Pearl, mother of 15 per ct. 
 
 that is mother of pearl but¬ 
 tons 20 per ct. 
 
 Pearls of all kinds, set or not set, 
 and all articles composed wholly 
 or chiefly of pearls 121-2 per ct. 
 Tencils for drawings 30 do. 
 
 Pencils, black lead 40 per cent 
 (Pepper 8ctsperlb. 
 
 Caj r enne 15 do. 
 Perfumes 30perct. 
 
Tariff. 
 
 216 
 
 Persons arriving in the U. States, xPounce 15 per ct. 
 
 that is their baggage, see baggage x Powder, hair 15 do. 
 
 Peruvian bark 15 per ct. >• gun 8 c per lb. 
 
 Pewter, old, fit only to be re-man-A Precious stones of all kinds, and 
 ufactured free A all articles composed wholly or 
 
 Pewter, all articles manufactured A chiefly of precious stones 
 
 of, or of which pewter is a com- (? 12 1-2 per cent 
 
 ponent material, not otherwise •; Preparations, anatomical free 
 specified 25 per ct. y chymical, not enu- 
 
 Pliilosophical apparatus—see Ap- y merated 15 p c. 
 
 paraius. V Preserves, that is comfits or sweet 
 
 Piano fortes 30 per ct ’>■ meats preserved in sugar or 
 
 Pickled fish, other than mackerel x brandy 30 per cent 
 
 and salmon per bbl. x Printed music.—See books 
 
 Pickles 
 Pigs of brass or copper 
 
 30 perct. xPrinting types 
 free x Prunello slioes 
 
 of iron 
 of lead 
 of tin 
 Pimento 
 Pine apples 
 Pink Dutch 
 rose 
 
 Pins 
 
 Pipes, of clay 
 Pistachios or 
 
 Pistols 
 Plants 
 
 50 c per 112 lbs. Prunes 
 
 2 c per lb. A Prussian blue 
 free A Pumice stone 
 6 c per lb. A 
 15 per ct. 
 
 Q. 
 
 20 per cent 
 25 c per pair 
 4 c per lb. 
 20 per cent 
 15 “ 
 
 15 
 
 15 
 
 20 
 
 15 
 
 do. 
 
 do. 
 
 do. 
 
 do. 
 
 pistachio nuts 
 
 V Quadrants and sextants 25 p. c. 
 
 V Quassia wood 15 per cent 
 
 ^Quicksilver and all preparations 
 
 V of 15 per cent, 
 
 xQuills, muanufactured 25 percent 
 X R. 
 
 15 per ct. x Radix or root angelica, columbo, 
 
 30 
 
 do. 
 
 free 
 
 Plaster statues, busts, castings and A 
 ornaments specially imported— '{) 
 see Apparatus free ;*} 
 
 Plaster statues, busts, castings and O 
 ornaments, not specially import- y 
 ed as above 
 Plaster of Paris 
 
 lpicac or ipicacuhana, jalap, 
 gentian, gallengal, hellebore, 
 mezereon, orris, rhubarb, salsa- 
 parilla, seneca, scilla, or squills, 
 valerian, and roots of all kinds 
 not enumerated and not used 
 principally for dying 15 per ct. 
 15 per ct. y Rags of any kind of cloth free 
 free y Raisins, muscatel, and in jars and 
 
 4 c per lb. 
 3 c “ 
 
 15 per ct. 
 free 
 
 See woolen manufac- 
 
 Plated saddlery,coach and harness V boxes 
 
 furniture and all other plated v all others 
 
 ware 25 per ct. x Ratafia, a liquor 
 
 Plates, copper, suitable to the x Rattans 
 sheathing of ships, that is 14 by x Ratteen. 
 
 48 inches, and weighing 14 to x tures. 
 
 34 oz. per sq. ft. free ARattinets 25 “ 
 
 Platina (a metal) 15 per ct. A Ravens Duck 15 “ 
 
 Plats, for the making of hats or A Raw skins, that is undressed free 
 bonnets 50 per ct. (jRaw silk 15 percent 
 
 Playing cards 30 cts per pack y Razor cases, leather, paper or 
 Plums 4 cts per lb. y wood 30 per cent 
 
 Plumes, ornamental, whether ma- y straps leather or wood 
 
 n ufactured or not 
 Pocket books 
 Pomatum 
 Pongees—see silk 
 Poppy oil 
 Porcelain 
 Pork 
 Porphyry 
 Porter—see Ale. 
 Potatoes 
 
 30 per ct 
 30 do. 
 30 do. 
 
 30 per cent 
 
 x Red chalk (not Spanish brown) 
 
 X 15 per cent 
 
 x lead, dry or ground in oil 
 15 do. x 4 c per lb. 
 
 20 do. x tartar or crude tartar or wine 
 2 c per lb. x lees 12 1-2 per cent 
 
 15 per ct. x Venetian dry 1 c per lb, 
 
 A ground in oil 1 1-2 c •• 
 
 10 c per bushel, a Red wood & red sanders wood free 
 
TARIFF. 
 
 217 
 
 Reeds * • 
 
 Refined salt-petre 
 Regulus of antimony 
 Rein deer tongues 
 Rhubarb 
 
 free Sallad oil - - 30 per cent. 
 
 3cts per lb. x Salmon—see fish. 
 
 free >■ Salsaparilla - 15 do. 
 
 15 per cent. A Salt - - 20 cts per 56 lbs. 
 
 15 do. A Salt petre or sal-nitre or nitrate of 
 
 Ribbons and tapes—see manufac- {) potash - 12 1-2 per cent, 
 
 tures of the material they are {) Salt-petre refined - 3 cts per lb. 
 composed of. V Sandarac or sandarac gum 15 p. c . 
 
 Rice - 15 per cent. V Sanders wood - - f ree 
 
 Rifles - - - $2 50 each. V Sand stone - - 15 perct. 
 
 Rochelle salts (medicinal) 15 pr ct. Sardines, as usually imported in 
 
 salt—see salt. V kegs 
 
 Rocoa - - 12 1-2 per ct. x Sassafras 
 
 Rods of copper or composition x Sausages - 
 
 4 cts per lb. x Savin, oil of - 
 3 do. ••• Saws, mill 
 
 of iron 
 Roman vitriol 
 cement 
 Root—see radix. 
 Rope, ciar orcoiar 
 Rose pink 
 Roses, otto of 
 Rpsemary, oil of 
 Rotten stone 
 
 : Scales, Gunter’s and 
 
 30 percent. 
 15 do 
 15 per do. 
 15 perct. 
 $1 each 
 other, wood 
 30 per cent. 
 15 do. 
 do. 
 
 4 do. 
 
 15 per cent. A 
 
 A Scamony gum 
 
 5 cts per lb. i)Scilla or squills 
 15 per ct. v Scrapings of ox horns, deer horns 
 
 - 30 do. y or ivory - 15 p Cr ct. 
 
 30 do. y. Screws of iron - 30 do. 
 
 - 15 do. v Scrivellos or small elephant’s teeth 
 
 15 do. x 15 per cent. 
 
 121-2 do. x Sculpture, specimens of—see Ap« 
 carpet- X pa rat us. 
 
 ing. x Scythes - - 30 per cent. 
 
 Rugs, of wool or cotton, for bed -a Sea cow or sea elephant’s teeth 
 
 Rouge - 
 Rubies 
 Rugs, for hearths, see 
 
 see manufactures of A 
 the material they are made of. A Seeds, 
 
 covering 
 
 Roles, of wood 
 Rum, 1st & 2d proof 
 3d “ 
 
 4th “ 
 
 Cherry 
 
 Russia duck - 
 Russia sheetings 
 
 S 
 
 Sacking - - 25 
 
 Saddlery, silver plated 25 
 Saddles - - 30 
 
 Sari irons 
 Safflower 
 
 30 per ct. 
 38 c. pr. gal. 
 42 do. 
 
 48 do. 
 
 cardamon, 
 0 garden 
 (•Seines 
 V Seltzer water 
 y Senegal, gum 
 
 15 per cent. V Senna or senna leaves 
 
 15 per cent, 
 caraway and 
 15 per ct. 
 - 5 cts per lb. 
 
 15 per ct. 
 121-2 do. 
 
 15 
 
 25 
 
 15 do. 
 
 do. y Seneca radix or root 15 do. 
 
 do. x Sextants - - 25 do". 
 
 x Shades, lace, of thread or silk 
 do- A 12 1-2 perct. 
 
 do. x Shalloons - - 25 do. 
 
 do. A Shawls, cashmere or camel’s hair 
 
 1 ct. per lb. A 25 per cent. 
 
 12 1-2 per cent, n lace, of thread or silk 
 
 Sa ron - - 15 do. 0 121-2 perct. 
 
 Sago - - 15 do. ?} Shawls of wool, &c.—see manu- 
 
 Sail cloith. or hempen cloth, not 0 facturesof the material they arc 
 otherwise specified 25 per cent, y made of. 
 
 Sail duck - - 15 do. V Sheathing, copper, that is in sheets 
 
 Sal-ammonia, diuritic, duobus or x of 14 by 28 inches, weighing 14 
 sulphate; of potash or tartar ;-: to 34 oz. per sq. foot free 
 
 vitriol; Rochelle and all other Sheetings of all kinds 25 per ct. 
 chemicaU salts not enumerated x Sheet iron 
 
 15 per cent, x lead - 
 Epsom | - - 4 cts per lb H tin 
 
 Glauber (V- - 2 do. y Shellac 
 
 Nitre or Alt petre or nitrate of x shells, cocoa - 
 potash J 1212 percent, x for ornaments 
 
 3 c. p. lb. 
 2 do. 
 
 15 per ct. 
 15 do. 
 
 15 do. 
 
 15 do. 
 
218 
 
 TARIFF. 
 
 Shot, cast iron 
 of lead 
 
 1 ct per lb. 
 31-2 do. 
 
 Sheroots, India cigars 10 c. p. lb. ••■.Spades - 30 per ct. 
 
 Shoemaker’s wax 15 pier cent. A Spanish brown, dry 1 c per lb. 
 Shoes for children 15 cts pr. pair. A ground in oil 1 1 -z do. 
 
 for grown persons, of silk A Spanish flies, or cantharides 15 p.c. 
 
 30 cts pr. pair A Spartaria or willow sheets 30 do. 
 of prunella, and other shoes y Specimens of sculpture—see Appa- 
 or slippers of stuff, nankeen y ratus. 
 
 or leather 25 cts. pr. pair '.-Specimens in natural history, Mi¬ 
 neralogy, Botany, & Anatomical 
 preparations - - free 
 
 per ct. Spectacles, gold or silver mounted 
 
 12 1-2 per cent, 
 iron or steel mounted 
 25 per cent. 
 
 A Spelter .... free 
 A Spermaceti candles 8 cts. per lb. 
 A oil of foreign fisheries 
 
 f> 25 cts per gall. 
 
 0 Spikes, copper or composition 
 y 4 cts per lb. 
 
 v iron 4 do. 
 
 Shovels of iron or steel 30 per ct. ; 
 
 Shrub 
 
 15 
 
 do. 
 
 Shumac 
 
 15 
 
 do. 
 
 Sickles 
 
 - 30 
 
 do. 
 
 Side arms 
 
 X - - 30 
 
 do. 
 
 Silks, all 
 
 manufactures of, 
 
 or of 
 
 which silk is a component ma¬ 
 terial, coining from beyond the 
 Cape of Good Hope, till Jan’y. 
 
 15 per ct. 
 
 1,1825 
 after that time 
 
 25 do. 
 
 coming from all other places -J 
 
 Spirits, distilled from grain, 
 
 20 per cent, x 
 
 1 st proof 
 
 42 cts per. gal. 
 
 Silver, coin ... free x 
 
 2 d “ 
 
 45 
 
 do. 
 
 leaf - - 12 1-2 per ct x 
 
 3d “ 
 
 48 
 
 do. 
 
 nitrate of 15 do. >\ 
 
 4th “ 
 
 52 
 
 do. 
 
 plated saddlery 25 do. A, 
 
 5th “ 
 
 60 
 
 do. 
 
 quick - - 15 do. A 
 
 above 5th proof 
 
 75 
 
 do. 
 
 Silver watches, silver lace, and all.;) 
 articles composed wholly or A 
 chiefly of gold, silver, pearls and -y 
 precious stones 12 1-2 per ct. y 
 Sinchaws—see silk. y 
 
 Skins,raw or unmanufactured free V 
 morocco, tanned 30 per ct. >• 
 Slates .and tiles for 
 
 than grain 
 
 1 st and 2d proof 38 cts p. gL 
 3d “ 42 do. 
 
 4th “ 48 do. 
 
 5th “ 57 do. 
 
 above 5th proof 70 do. 
 building x Sponges - - 15 per ct. 
 
 25 per cent. >: Sprigs, not exceeding 16 oz. per M. 
 for writing 15 do. >• 5 cts per M. 
 
 Sledges & hammers, blacksmith’s A exceeding 16 oz. 5 do. lb. 
 
 2 1-2 cts per lb. A.Square wire, used in the manufac- 
 Slippers—see shoes. A ture of stretchers for umbrellas 
 
 Smoked salmon - 15 per ct. A 12 percent. 
 
 Snuff - - 12 cts. per lb. (< Squills or scilla 15 do. 
 
 Snuff-boxes of paper 15 pr. ct. y Starch - - 15 ^ilo. 
 
 of tin - - 25 do 
 
 of turtle shell 15 do. 
 of mock turtle shell or horn 
 15 per cent 
 of gold or silver 12 1-2 p. ct 
 of box-wood or wood 30 p c 
 of boxwood or wood, lined 
 with turtle shell 15 pr. ct 
 of ivory, or of ivory lined 
 with turtle shell 15 per ct. 
 
 Soap - - 4 cts per lb. 
 
 Socks—see manufactures of the 
 material they are composed of. 
 
 Soda, carbonate of 15 per cent. 
 
 Soy - - -15 do. 
 
 Statues and specimens of statuary, 
 y specially imported—see appara- 
 X ratus - - - i * ree 
 
 x not specially imported afe above, 
 x‘ if of marble - 30 p»^r cent, 
 
 x plaster or alabaster 15 do. 
 
 >j brass or bronze 25l do. 
 
 H Steel - - $1 per 112 lbs. 
 
 wire not exceedi/ig No. 18 
 cts per lb. 
 
 over No. 18 do- 
 
 all manufactur/s of, or of 
 which steel is k component 
 material, not oth e f w ‘ se euu * 
 merated ^ per cent. 
 
TARIFF. 
 
 219 
 
 Sticks, that is walking sticks xSugar of lead or super-acetite of 
 
 30 per ct. x lead - 15 per cent, 
 
 for umbrellas or parasols A Sulphuric acid 3 c. per lb. 
 
 30 per ct- A Sulphate of copper 4 c. do. 
 
 Still bottoms and parts thereof, A of zinc 15 perct. 
 
 made of copper 15 per ct. A Sulphur, flor, flour or flower sulphur 
 
 Stockinets 25 do. v.- and roll brimstone - free 
 
 Stockings-see manufactures of a Sulphuric ether 15 perct. 
 
 the material they are composed of y Sumac - - - 15 do. 
 
 Stone ware - - 20 per ct. VSuper acelite of lead or sugar of 
 
 Stone, Armenian, caustic, grind- V lead 15 per ct.. 
 
 stones, oil stones,pumice, rotten, V Sweet marjorurn, oil of 30 do. 
 touchstone and whetstone Sweetmeats or comfits, preserved 
 
 15 percent, x in sugar or brandy 30 do. 
 Stone, burr, unwrought - free ••• Syrup or molasses 5ctspergall. 
 load - 20 per ct. a. real 15 per cent, 
 
 for ballast - - free A T. 
 
 Bristol, cornelian and all A Table cloths, that is oil table cloths 
 other precious, of all kinds, {) 30 per cent, 
 
 set or not set, and all aiti- A Tacks, not exceeding 16 oz pr. m. 
 cles composed wholly or y 5 c. per jn. 
 
 chiefly of precious stones '/ exceeding 16 oz. per m. 
 
 12 1-2 per cent, v 
 Storax 15 do. 
 
 Straw bonnets and Leghorns—see 
 bonnets 
 
 Straw Carpeting - 30 per ct. X 
 
 Stuff goods, such as bombazetts, >[Tamarinds 
 camlets, calimancoes, rattinets, .A Tamboreens 
 
 5 c. per lb, 
 
 x Talc, mica or isinglass (a mineral) 
 x 15 per cent, 
 
 x Tallow - - l c. per lb. 
 
 candles 5 “ 
 
 30 per cent. 
 30 “ 
 
 wildbores, shaloons,moreens and A Tapes.—See manufactures of the 
 the like, which are composed A material they are composed of. 
 entirely of wool; but not valen- () Tapioca - 15 percent, 
 
 tias and toilinets 25 per ct. A Tarred cordage 4 c. per lb,. 
 
 Sublimate corrosive 15 do. y Tartar, cream 12 1-2-perct. 
 Sugar, brown - 3cts. per lb. y , red, crude 12 1-2 “ 
 
 N. B.—Under this denomination is y prepared as medicine 
 
 classed all Muscovado sugar; V 15 per cent. 
 
 Havana brown, all Calcutta su- y Tartrite of antimony or tart emetic 
 gar, including Benares and dou- x 15 per cent, 
 
 ble boiled, except some fine x Tea, imported in vessels of the 
 
 United Stales direct from 
 China : 
 
 bohea - 12 c. per lb. 
 
 campoy, congo, souchong, 
 and other black teas 
 
 25 c. per lb. 
 imperial, gunpowder and go- 
 mee - 56 c per lb. 
 
 hyson and young-hyson 
 
 40 c. per lb. 
 hyson-skin and other green 
 teas - 28 c. per lb. 
 
 samples rarely imported ; all the X 
 common sugar from Canton, all 
 the Siam, Pulo, Penang and A 
 Prince of Wales island, all the A 
 Manilla sugar usually imported, A 
 good common Guadaloupe, or i) 
 
 Martinique clayed, and all but y 
 the best Batavia and best white y 
 Brazil sugar. 0 
 
 Sugar, white, clayed or powdered / 
 
 4 cts per lb. 
 
 N. B.—Under this denomination 
 
 comes white Havana, best Bra- xTea, imported in vessels not'of the 
 zil and the best Guadaloupe and v United States from China, 
 
 Martinique clayed. ''' ‘ 
 
 Sugar, lump - 10 cts per lb 
 
 loaf - - 12 do. 
 
 candy 
 
 do. 
 
 or any where else : 
 bohea - 14 c. per lb. 
 
 campoy, congo, souchong and 
 other black teas 34 c. pr. lb. 
 
TARIFF. 
 
 Tea, imperial, gunpowder, and go- x Toilinets.—See woollen manufac- 
 mee 63 c. per lb. x tures. 
 
 hyson and young-hyson x Tongues, reindeer 15 per cent. 
 
 56 c. per lb. >• and sounds (fish) 
 
 hyson skin and other green r, 15 per cent, 
 
 teas 38 c. per lb. A neats, smoked or pickled 
 
 Tea, from any place other than A 2 c. per lb. 
 
 China, imported in vessels ofTools and implements of trade of 
 the if. S. the same duty as de-i) persons arriving in the U. S. free, 
 signated above for foreign ves- i) Tooth-brushes 30 per cent, 
 
 seis ti powder 30 “ 
 
 Teeth, elephants’ or any other an- VTopaz, real 12 1-2 per cent, 
 
 imal’s 1'»per cent, v imitation 15 “ 
 
 Telescopes 25 “ v Touch-stones 15 “ 
 
 Terra-..'apanica, or japonica, de •••Toys, dolls, dressed and undressed 
 senna and umbra 
 
 15 per cent. 
 Te;-a-rosa and sienna 15 “ 
 
 Teutenague or zinc free 
 
 Thread, cotton.—See cotton. 
 
 pack 5 c. per lb. 
 
 stockings 25 per cent. 
 
 slice 
 
 25 
 
 30 per cent, 
 of copper, brass, steel, iron, 
 pewter, lead or tin, cr of 
 which either of these met¬ 
 als is a component ma¬ 
 terial 25 per cent, 
 
 of glass.—See glass, 
 of wood chiefly 30 per cent, 
 all other toys 15 
 V Tragacanth, gum 15 
 
 v Trees ... 
 
 44 
 
 it 
 
 Thread merkiin (thread laces) ij 
 
 12 1-2 per cent. (J 
 Thus, gum 15 “ 
 
 Thyme, oil of, essence of, 
 
 30 per cent, x Trusses, 
 
 Ticklenburgs 15 “ x Tumeric 
 
 Tile, earth 15 “ x Turquoises 
 
 do. varnished or glazed X Turnips 
 
 15 per cent Turtles 
 
 marble 30 per cent, a Turtle shell 
 
 A Twine - - 5 c. per lb. 
 
 :5 per cent A Twist, cotton.—See cotton. 
 
 Time pieces - - 15 per ct A Types for printing 20 per cent 
 
 free. 
 25 per cent. 
 121-2 
 12 1-2 
 15 
 15 
 15 
 
 U 
 
 a 
 
 a 
 
 stone, or slate for building 
 
 Tin, in bars, pigs or blocks free 
 foil, i 
 
 plates, > 15 per cent, 
 
 sheets, S 
 
 that is all articles not enumer¬ 
 ated, manufactured of tin, 
 or of which tin is a compo¬ 
 nent materia] 25 per cent. 
 
 Tinctures, odoriferous, such as 
 cologne and lavender 
 watei and the like 
 
 U. 
 
 Umbrellas - 30 percent. 
 
 1 stick or frames for um¬ 
 
 brellas 30 per cent, 
 brass tips, runners, &c. 
 for umbrellas 25 p. c. 
 Unbleached or uncolored cotton 
 yarn.—See cotton. 
 
 Undressed furs - free 
 
 United States—all articles import¬ 
 ed for their use free. 
 
 30 per cent. A Unmanufactured bark of the cork 
 of bark and other medi-A tree - - - free, 
 
 cinal, which may not *) Unmanufactured wood of any 
 be ranked as balsams, •) kind ... free. 
 
 15 per cent, y Untarred cordage, yarns, twine, 
 Tips and runners for parasols and y packthread and seines 
 umbrellas - 25 per cent, v 5 c. per lb. 
 
 Tobacco, manufactured, other than V Unwrought burr stones free. 
 
 snuff and cigars x clay “ 
 
 10 c per lb. x V. 
 
 in leaves or umnanufac- x Valentias.—See woollen raanufai 
 tured 15 per cent, y tures. 
 
 L 
 
TARIFF. 
 
 221 
 
 Valenciennes, thread lace >• 
 
 12 1-2 per cent. >• 
 
 Valerian root 15 “ (\ 
 
 Valonia - 121-2 “ n 
 
 Vanilla - 15 “ (> 
 
 Varnishes, of all kinds, 15 p. c. n 
 Vegetables of all kinds, not enuin- it¬ 
 erated and not used principally 0 
 in dying - - 15 per cent, y 
 
 Veils of lace, silk or thread v 
 
 12 1-2 per cent. V 
 Vellum - 30 “ H 
 
 Velvet.—See manufactures of the 
 material they are made of. x 
 Verdigris - 121-2 per cent. x 
 
 Vermicelli and Vermillion 15 p. c. a 
 V essels of cast iron not otherwise A 
 enumerated 1 1-2 c. p. lb. A 
 of copper 35 per cent, n 
 Vials, apothecaries’, of thecapaci- y 
 ty of 4 oz. and less i) 
 
 $1 per gross, y 
 above 4 oz. and not exceed- 
 
 $1 25 per gro. V 
 8 c. per gal. V 
 15 per cent, x 
 30 “ v 
 
 30 « x 
 
 oil of, or sulphuric acid, x 
 3 c. per lb. a 
 blue, or roman, or sulphate A 
 of copper 4 c. per lb. 
 White or sulphate of zinc ( 
 15 per cent. ( 
 
 ing 8 oz. 
 
 Vinegar 
 
 distilled 
 Violins, wood 
 Visiting cards 
 Vitriol, 
 
 W. 
 
 W afers 30 
 
 Walking sticks 30 
 
 Ware, china 20 
 
 earthen 20 
 
 porcelain 20 
 
 stone 20 
 
 per cent. 
 
 Wares, that is cabinet wares / 
 
 30 per cent. ( 
 gilt, including brass orna- ! 
 mental nails, with gilt or ; 
 polished heads, including A 
 also brass runners and (i 
 tips for parasols and urn- v 
 brellas 25 per cent. A 
 japanned, of all kinds A 
 
 25 per cent. > 
 
 plated of all kinds, 25 pr. c. 
 of cut glass of ail kinds not:-: 
 specified 3 c per lb. X 
 and in addition thereto an •• 
 ad valorem duty of 30 p c. A 
 Washes - - 30 “ A- 
 
 Watches of all kinds, and parts of A; 
 watches 12 1-2 per cent, x 
 
 19 * 
 
 Watch crystals 2 c. per lb. 
 
 and in addition thereto an ad 
 valorem duty of 20 per cent. 
 
 Water, cologne 30 “ 
 
 Water colors 15 “ 
 
 Wax, bees, bleached or unbleached 
 
 15 per cent, 
 candles 6 c. per lb. 
 
 sealing 15 per cent, 
 
 shoemaker’^ 15 “ 
 
 Wearing apparel, in actual use of 
 persons arriving in the United 
 States - - free. 
 
 Webbing, worsted, 25 per cent. 
 Weights of cast iron 1 c. per lb. 
 Whalebone 15 per cent. 
 
 Wheat 25 c. per bushel. 
 
 Wheat flour 50 c. percvvt. 
 
 Whet-stones 15 per cent. 
 
 Whips 30 “ 
 
 Whiskey, 1st proof 42 c. per gal. 
 2d do. 45 
 3d do. 43 “ 
 
 4th do. 52 “ 
 
 White lead, dry or ground in oil, 
 
 4 c. per lb. 
 
 White vitriol, or sulphate of zinc 
 
 15 per cent. 
 Paris, 1 c. p. lb. 
 
 Whiting 1 “ 
 
 Wiidhores, (a kind of stuff goods) 
 ; 25 per cent. 
 
 ; Willow sheets, for hats, white and 
 ) black - - 50 per cent. 
 
 ) Window-glass, not above 8 by 10 
 inches, per 100 sq. 
 > ft. $3 00 
 
 not above 10 by 12 
 •: inches $3 50 
 
 ■: if above 10 by 12 
 
 inches $4 00 
 
 ■ N. B.—All window-glass, imported 
 in plates, uncut, is to be charged 
 v with the highest rate of duties. 
 
 ) Wine lees - - 12 1-2 per ct. 
 
 ) Wine, Burgundy, Champaign, Ma¬ 
 deira, Rhenish and Tokav 
 P per ga(. 
 
 Sherry and St. Lucar 
 
 60 c per gal. 
 Lisbon, Port or Oporto, Fi- 
 guera, Mondego, & otlier 
 wines of Portugal 50 c.n.g. 
 Marsala or Sicily Madeira 
 and other wines of ' icily 
 50 c. per gal. 
 Teneriffe, Fayal and other 
 wines of the vveste Is¬ 
 lands 40 c. per gal. 
 
222 
 
 Tariff. 
 
 Wine, Claret. Via de grave, Fron -a Wool Angora goat, camel’s victf- 
 tignac, and all French x nia, red or any other for 
 
 wines except Burgundy >• hatters’ use free, 
 
 and Champaign ; Corsica, A Wool, sheeps’ or lambs’, merino ox 
 Leghorn and all the wines r, common, washed or un- 
 
 of Italy, of the Archipe- A washed (till the 1st day of 
 
 lago and of the Levant; A June, 1825) 20 per cent. 
 
 Catalonia,Colmenar, Mai- (> thence till June 1st, 1826 
 
 aga and all the wines of y 25 percent. 
 
 Spain, except Sherry, Ca- y after that time 30 “ 
 
 nary ; and all other wines, V N. B.—A duty of 15 per cent, only 
 not enumerated, when im- is to be charged on wool, the val- 
 ported in bottles or cases v ue of which, at the place whence 
 30 c per gal. imported, does not exceed 10 c. 
 
 And when imported in casks X per lb. 
 or in any other way than >• Woollen Blankets 25 per cent 
 in bottles or'cases A Woollen manufactures of all des- 
 
 15 c. per gal. A criptions, except worsted stuff 
 N. B.—When wine is imported in. A goods and blankets, till June 30, 
 bottles, the duty of $2 per gross A 1825 - - * 30 per ct. 
 
 is charged on the bottles, besides (; after that time 33 1-3 per ct. 
 the 30 c. per gal. on the wine. ON. B.—A duty of 25 per cent, only 
 Winter bark or canella alba 15 p c. V to be charged on all manufactures 
 Wire, brass, that is such as is used y of wool, except flannels and bai- 
 for piano fortes and the V 
 like 20 per cent, x 
 
 copper, such as used to tie x 
 down the corks of bottled x 
 
 ses, the actual value of which, at 
 the place whence imported, does 
 not exceed 33 1-3 cts. per square 
 yard. 
 
 iron or steel, not exceeding (■, 
 No. 18 - 5 c. per lb. A 
 
 over No. 18 9 c. per lb. .A 
 
 square, used in the manu- A 
 facture of stretchers for A 
 
 porter and the like 25 p. ct. A Also, N. B. —Under the denomina¬ 
 tion of woollen manufacturers, Va- 
 lentias & Toilinets are included : 
 but not Bombazets, Camlets, Cal¬ 
 amancoes, Raitinets, Wildbores, 
 Shalloons,Moreens and the like, 
 umbrellas 12 per cent, 0 Wormwood, oil of 15 per cent, 
 
 all other kinds of, not speci- y Worsted stuff goods, such as bom- 
 fled - 25 per cent. 0 bazets, camlets, Calimancoes, 
 
 Waad or pastel 12 1-2 per ct. V rattincts, wildbores, shalloons. 
 Women’s bonnets of straw, chip or moreens and the like; but not 
 g rass ._See bonnets. x valentiasand toilinets 25 per ct. 
 
 Wood, Brazil, Brazilletto, red- x Wove pantaloons or any other 
 wood, camwood, Fernam-x pantaloons 30 per cent, 
 
 bucco, fustic, logwood, >• Y 
 
 santa martha, nicaragua A Yarn, cotton—see cotton, 
 red sanders, Puo de la A of hemp or flax 5 cts pr. lb 
 Hache, Fernainbucca, A Yellow berries for dying 121-2 p c 
 
 queen s and other dye 0 
 woods free, y 
 
 sandal, in sticks or dust or y 
 powder free, y 
 
 unmanufactured of any kind V Zinc. 
 
 king’s 
 
 patent, or any othe 
 than ocre, and not emune 
 rated, and not used princi 
 pally for dying 15 per ct 
 in pigs, or otherwise uiv 
 free, x' wrought ... free 
 quassia 15 per cent 'x Zinc, in sheets, f®r sheathing ships 
 
 mat is all manufactures ofx 15 percent, 
 
 wood 30 per cent-y sulphate of l‘» do. 
 
 Importations by foreign vessels, which are not by treaty or act of Con¬ 
 gress, placed on ihe same footing as American vessels, are subject to an 
 additional duty of 10 per cent except in the article of teas, the difference 
 in which is designated in the foregoing Tariff; for instance, if the dub by 
 an American vessel is 30, the duty by such foreign vessel will be 33 pr ct, 
 
APFENBIX. 
 
 Containing Forms and Instructions agreeable to the 
 Laws of the U. States respecting Naturalization, 
 ancUome other additional Forms of fVritings 
 frequently occuring in business, not in¬ 
 cluded in the preceding. 
 
 NATURALIZATION. 
 
 Constitution of the U. States, Art 1. Sec. 84 .— 
 Congress shall have power to establish an nniform 
 rule of Naturalization. 
 
 Some of the individual States have formerly 
 passed laws regulating the same, under their own 
 jurisdiction, but it seems now to be considered 
 as settled, that by the Constitution, the power of 
 naturalization is exclusively vested in Congress. 
 The time of previous residence in the United 
 States required by the government, to entitle an 
 alien to naturalization has varied considerably at 
 different periods. The first naturalization act pass¬ 
 ed the 26th March, 1790, required two years. The 
 next act passed the 29th January, 1795, enlarged 
 the time to five years. That of the 18th June, 1798, 
 extended the time to fourteen years ; but by the act 
 of the 14th April, 1802, it was restored to the term 
 of five years, and so continues. The rules estab¬ 
 lished by the acts of Congress, for the admission of 
 aliens as citizens of the U. States have also been 
 different at different periods. The first act of the 
 26th March, 1790, which regulated their admission 
 during the period that elapsed from that time to the 
 29th January, 1795 ; the act of the 29th Jan. 1795, 
 which regulated their admission until the passage 
 of the act of the 18th June, 1798, and the latter act 
 
224 
 
 NATURALIZATION 
 
 which was the rule until the 14th April, 1802, have 
 all been repealed ; and at present, free white aliens, 
 in order to become citizens, must comply with dif¬ 
 ferent requisites, according to the time of their ar¬ 
 rival in the U. States. Such aliens may be com¬ 
 prehended in four classes. 
 
 1. Those who have arrived, or may arrive since 
 the 18th June, 1812. 
 
 2. Those who arrived between the 14th April, 
 1802, and 18th June, 1812. 
 
 3. Those who arrived between the 18th June, 
 1798, and 14th April, 1802, or were then residing 
 within the limits, and under the jurisdiction of the 
 U. States, and have continued to reside therein. 
 
 4. Those who were residing within the limits, 
 and under the jurisdiction of the U. States before 
 the 29th Jan. 1795. 
 
 Three things are indispensably necessary to the 
 naturalization of an alien, who has arrived, or may 
 arrive in the U. States since the 18th June, 1812. 
 
 1. A report of himself, on his arrival in the U. 
 States, or subsequently, previous to his declaration 
 of bona fide intention, &c. 
 
 2 A declaration of bona fide intention to become 
 a citizen. 
 
 3. A declaration upon oath or affirmation, to 
 support the Constitution of the U. States. 
 
 First. A report of himself, if at the age of twen¬ 
 ty-one years, ascertaining the name, birth place, age, 
 nation and allegiance, together with the country 
 whence he or she migrated, and the place of his or 
 her intended settlement; or, if under that age, the 
 report to be made for him, by his parent, guardian, 
 master or mistress. It must be made to the Clerk 
 of the District Court of the district where the alien 
 arrives, or to some other Court of record of the U. 
 States, or of either of the territorial districts, or of 
 a particular State. 
 
NATURALIZATION. 
 
 No. I. — Form of a Report . 
 
 NAMES. 
 
 ; 
 
 Birth Place 
 
 a; 
 
 SJO 
 
 < 
 
 N ation. 
 
 Allegiance. 
 
 Country 
 
 whence. 
 
 1 
 
 r— » 
 
 C/3 r~* 
 
 'O rri V 
 
 O fv - 
 <J ^ V 
 _c3 p ’Tl 
 
 Martin Ross, 
 
 Elizabeth Ross, 
 Mary Jane Ross, 
 Waller \I. Ross, 
 Diana Ross, 
 James M’Quillen 
 
 Glasgow 
 
 Edinburgh 
 
 Edinburgh 
 
 Aberdeen 
 
 Aberdeen 
 
 Berwick 
 
 40 
 
 36 
 
 15 
 
 13 
 
 7 
 
 15 
 
 British 
 
 ditto 
 
 ditto 
 
 ditto 
 
 ditto 
 
 ditto 
 
 King of G.Brit¬ 
 
 ain & Ireland 
 ditto 
 ditto 
 ditto 
 ditto 
 ditto 
 
 England 
 
 ditto 
 
 ditto 
 
 ditto 
 
 ditto 
 
 ditto 
 
 Boston 
 
 ditto 
 
 ditto 
 
 ditto 
 
 ditto 
 
 ditto 
 
 Dated (at the place of arrival, or of residence) 
 where the report is made. 
 
 MARTIN ROSS, 
 
 for himself and family. 
 
 OH^A report for a whole family should be made 
 as above—for an individual, separately , observing 
 the same form—for a minor, having no parent, 
 guardian, master, or mistress, by some adult friend, 
 residing in the United States. 
 
 The Clerk is authorized and bound to receive 
 and register the report; for which his lawful fee is 
 fifty cents —and to grant a certificate of the same, 
 whenever required, for which the fee is also fifty 
 cents ; which certificate shall be exhibited to the 
 court as evidence of the time of the applicant’s ar¬ 
 rival in the U. S. and must be recited at full length 
 in the record of the court admitting such alien : 
 otherwise he shall not be deemed to have complied 
 with the conditions requisite for becoming a citizen 
 of the United States. 
 
 Secondly. Two years after the date of the report, 
 (but no sooner, according to the said act,) the aliens 
 mentioned therein, might proceed to take thesecond 
 step, which is a declaration of bona fide intention to 
 become citizens, then required to be made before 
 the supreme, superior, district or circuit court of 
 some one of the States, or territorial districts of the 
 U. S. in the form following : 
 
226 NATURALIZATION. 
 
 No. II.— Form of a Declaration of bona fide inten¬ 
 tion to become a Citizen. 
 
 I, Martin Ross, a native of Glasgow, in Scotland, 
 of the age of (42) years, and now or lately owing 
 allegiance to his majesty, the king of the united 
 kingdom of Great Britain and Ireland, do hereby 
 declare, that it is bona fide my intention to become 
 a citizen of the United States, and to renounce for¬ 
 ever, all allegiance and fidelity to any foreign prince, 
 potentate, state or sovereignty whatever; and partic¬ 
 ularly to renounce forever, all allegiance and fidelity 
 to his said majesty, the king of the united kingdom of 
 Great Britain and Ireland. MARTIN ROSS. 
 
 Sworn to, or affirmed in open Court. 
 
 Ou-r’Rv a late act passed the 26th May, 1824, 
 entitled, “ An act in further addition to an act, &lc.” 
 it is provided that a declaration (No. II.) of bona 
 fide intention to become a citizen, made before the 
 clerks of either of the courts named in the first con¬ 
 dition of the first section of the act of I4th April, 
 1802, shall be as valid as if it had been made be¬ 
 fore the said courts respectively ; and a declaration 
 as aforesaid, of a free white person, made in man¬ 
 ner and form prescribed in the first condition speci¬ 
 fied in the first section of the said act of 1802, two 
 years before his admission, shall be a sufficient com¬ 
 pliance with said condition. 
 
 A minor, who has resided in the United States 
 three years next preceding his arriving at the age 
 of twenty-one years, and who has continued to 
 reside thereinto the time of his making application 
 to be admitted a citizen thereof, may, after he 
 arrives at the age of twenty-one years, and after he 
 shall have resided five years within the United 
 States, including the three years of his minority, be 
 admitted a citizen of the United States, without 
 having made the declaration (No. II.) required as 
 aforesaid, three years previous to his admission : 
 Provided , such alien shall make the declaration re- 
 
NATURALIZATION. 
 
 227 
 
 quired therein at the time of his or her admission ; 
 and shall farther declare, on oath, and prove to the 
 satisfaction of the court, that for three vears next 
 preceding, it has been the bona fide, intention of such 
 alien to become a citizen of the Unit'd States; and 
 shall, in all other respects, compl) with the laws in 
 regard to naturalization. 
 
 Thirdly —Declaration upon oath or affirmation, 
 to support the constitution, and renunciation of for¬ 
 eign allegiance. This is the final step, and may 
 now be made two years after the declaration (No. 
 ii) but no sooner. 
 
 When the alien is about to make this declara¬ 
 tion, he must (unless obtained by him at the time,) 
 obtain from the Clerk of the Court with whom 
 he filed his report (No. 1.) and from the Clerk of the 
 court) wherein his declaration (No. II) has been 
 recorded, certificates of such report and declaration 
 having been made. 
 
 He must then apply to a supreme, superior, district, 
 or circuit court of some of the states, or of the territo¬ 
 rial districts, or a circuit or district court of the U. 
 States; and, with the two certificates mentioned, 
 present the following application. 
 
 No. III .—F 'orm of the Application. 
 
 To the honorable the — Court of —, now sitting 
 in — : The application of Martin Ross respectfully 
 showeth : 
 
 The said applicant has made report, and caused 
 registry to be made of himself, with a view to his 
 naturalization, according to the laws of the U.States 
 in that case enacted ; a certificate of which report 
 and registry, is herewith exhibited ; and has, more¬ 
 over, made a declaration of his bona fide intuition, 
 to become a citizen of the U States, as required by 
 law T , of which a certificate is likewise here present¬ 
 ed. Wherefore the said applicant respectfully 
 prays the honorable the court, that he mavjn the usu¬ 
 al form, be admitted a citizen of the United Suites- 
 
 MARTIN ROSS. 
 
NATURALIZATION. 
 
 Upon this application the court must be satisfied, 
 
 1st. That the alien has resided within the United 
 States five years at least. 
 
 2d. That he has resided within the state or ter¬ 
 ritory, where the court is at the time held, one year 
 at least. 
 
 3d. That during the five years, the alien has be¬ 
 haved as a man of good moral character—attached 
 to the principles of the constitution of the United 
 States, and well disposed to the good order and 
 happiness of the same. 
 
 O^The oath of the applicant will in no case be 
 allowed to prove his residence; but this must be 
 shown by the testimony, on oath, of two respectable 
 citizens of the U. States, whose names must be in¬ 
 serted in the record of the proceedings of the court 
 wherein they were had. The other circumstances 
 are to be proved by common law-evidence. Upon 
 being satisfied on these points, the court will admit 
 the alien to citizenship, upon his making the follow ¬ 
 ing declaration : 
 
 No. IV.— j Form of the final declaration. 
 
 I, Martin Ross, do hereby declare, that I will 
 support the constitution of the United Slates, and 
 that I do absolutely and entirely renounce and ab¬ 
 jure all allegiance and fidelity to every foreign 
 prince, potentate, state, or sovereignty whatever ; 
 and particularly ! do hereby absolutely and entire¬ 
 ly renounce and abjure all allegiance and fidelity 
 to the king of the united kingdom of Great Britain 
 and Ireland. MARTIN ROSS. 
 
 Sworn to, or affirmed in open Court. 
 
 If the alien applying for admission, has borne any 
 hereditary title, or been of any of the orders of no¬ 
 bility, he must add to the next preceding declara¬ 
 tion (No. IV.) as follow s : And furthermore , 1 do 
 hereby expressly renounce all claim to any hereditary 
 title , or order of nobility , and especially to thr title 
 of Viscount , Earl or Marquis , (as the case may be,) 
 which I have heretofore borne. 
 
NATURALIZATION. 
 
 The clerk of the court will record all those pro¬ 
 ceedings, and will furnish, on application, a certifi¬ 
 cate of citizenship, which will be evidence that the 
 alien has been duly naturalized. 
 
 2. An alien who arrived between the 14th April, 
 1802, and the 18th June, 1812, must have made a 
 declaration of intention two years before his admis¬ 
 sion, (as provided by the late act ,) the proceedings 
 throughout being the same as in the preceding. 
 
 3. Aliens residing within the limits and under 
 the jurisdiction of the United States, between the 
 18th day of June, 1798, and the 14th day of April, 
 1802, and who have continued so to reside, maybe 
 admitted citizens without a compliance with the 
 provision of the law, which requires a declaration 
 of bona fidt> intention. 
 
 4. An alien who was residing within the limits 
 and under the jurisdiction of the U. States before 
 the 29th Jan. 1795, may be admitted to become a 
 citizen, on due proof made to someone of the courts 
 aforesaid, that lie has resided two years at least, 
 within and under the jurisdiction of the U. States, 
 and one year at least, immediately preceding his 
 application, within the state or territory where such 
 court is at the time held ; he complying with the 
 usual requisites at the time of his admission. 
 
 Any alien, who has made report, on his arrival in 
 the United States, (as in No. I.) and who has made 
 a declaration (as in No II.) of bona fide intenti on, 
 dying before be is actually naturalized, his widow 
 and children are considered as such, upon taking 
 the oath prescribed by law, (\as in No. IV.) 
 
 T! le children of persons duly naturalized under 
 any of the laws of the United States ; or who, pre¬ 
 viously to the passing of any law on that subject by 
 the government of the United States, [z. e. previ¬ 
 ously to the 28th of March, 1790,] may have be¬ 
 come citizens of any one of the states under the laws 
 {hereof, being under the age of twenty-one years at 
 
 20 / 
 
230 
 
 BOND. 
 
 the time of their parent’s being naturalized, are 
 dwelling in the United States, considered citizens. 
 
 General Observations. 
 
 Every court of record, in any individual state, 
 having common law jurisdiction, and a seal, and 
 clerk or prothonatary, is considered as a district 
 court, within the meaning of the acts respecting 
 naturalization. 
 
 The provisions of the acts respectng naturaliza¬ 
 tion have reference to free whitealiens only. 
 
 To extend the time for payment of a Bond by en¬ 
 dorsement. 
 
 The within mentioned principal sum of —, is 
 made for securing the within mentioned sum of—, 
 and interest at the end of — from the date of it; 
 yet the within named C D doth hereby for himself, 
 his heirs, executors, administrators and assigns, 
 covenant, promise and agree, with and to the within 
 bounden A D, his heirs, executors, and administra¬ 
 tors, that in case the interest of the said sum of —, 
 after the rate aforesaid, shall be regularly paid every 
 half year on the — day of —, and the — day of 
 —, or within — after each half yearly payment 
 shall become due, then and in such case, he the said 
 C D, his executors or administrators, shall not, nor 
 will call in the said sum of —, or any part thereof, 
 lior commence nor prosecute any action or other 
 legal proceedings to compel the payment of the 
 same, or of any part thereof, during the space or 
 term of — years, commencing and to be computed 
 from the day of the date hereof, any thing in the 
 within written bond contained to the contrary in 
 any wise notwithstanding. 
 
 In witness §*c. 
 
BONDS. 
 
 23 i 
 
 Collector’s Bond. 
 
 Know all men by these presents, that we, A B, of 
 P, in the county of—, (addition) as principal, and 
 C D and E F, all of said P, (addition) as sureties, 
 are held and stand firmly bound and obliged to L 
 M, Treasurer of the said town ofP, in his said ca¬ 
 pacity, and to his successor in his said office, in the 
 sum of— dollars, to which payment well and truly 
 to be made, we bind ourselves, our heirs, executors 
 and administrators firmly by these presents. 
 
 Sealed with our seals, dated this — day of —, in 
 the year of our Lord, &lc. 
 
 The condition of this obligation is such, that 
 whereas the said A B, has been duly chosen to the 
 office of collector of taxes for said town of P, for 
 the year next ensuing from the — day of —, in the 
 year of our Lord, he. 
 
 Now if the said A B, as collector aforesaid, shall 
 during the year aforesaid, faithfully collect all such 
 rates and taxes as shall be lawfully assessed on the 
 polls and estates of said tow n of P, committed to 
 him to collect; and shall faithfully serve and exe¬ 
 cute all warrants for the collection of such rates and 
 taxes so committed to him for collection, when 
 issued by the proper authority ; and shall pay over 
 said taxes, agreeably to the directions of such w ar¬ 
 rants therein mentioned and expressed, then this 
 obligation shall be null and void, otherwise remain 
 in full force and virtue. 
 
 Signed , sealed, and delivered , 
 in presence of 
 
 Constable’s Bond. 
 
 Know all men by these presents, that we, A B, 
 of P, in the county of C, (addition) as principal, 
 and C D and E F, all of said P, in said county of 
 C, (addition) as sureties, are held and stand firmly 
 bound and obliged to L M, treasurer of said town 
 
DEED. 
 
 ofP, in his said capacity, and to his successor in 
 his said office, in the sum of two hundred dollars, 
 to which payment well and truly to be made, we 
 bind ourselves, our heirs, executors and adminis¬ 
 trators firmly by these presents. 
 
 Sealed with our seals, dated at P, this — day of 
 —, in the year of our Lord, &lc. 
 
 The condition of this obligation is such, that 
 whereas the above bounden A B, was on the — 
 da}' of —, in the year IS —, chosen constable 
 of the said town of P, for the current year : Now 
 if (he said A B, shall well and truly serve, execute 
 and return all precepts issuing from legal authority, 
 to him directed and committed ; and shall pay over 
 all moneys which he, in his said capacity as consta¬ 
 ble, shall collect and receive ; and shall faithfully 
 perform all duties to his said office appertaining, 
 then this obligation shall be null and void, other-* 
 wise remain in full force and virtue. 
 
 Signed, sealed , a7id delivered, 
 in presence of us, 
 
 COLLECTOR’S DEED. 
 
 To all people to whom these presents shall come, 
 I, A B, collector of taxes for the town of —, in the 
 county of —, for the year one thousand eight hund¬ 
 red and —, legally chosen and sworn, 
 
 SEND GREETING. 
 
 Whereas the assessors of the said town of —, 
 for the year aforesaid, legally chosen and sworn, 
 have agreeably to law, assessed the lot of land 
 (her? insert the No. and range or division,or the words 
 by which it is usually described) which, in their list 
 of assessments they have committed to me to col¬ 
 lect, in the sum of— : And w hereas no person has 
 appeared to discharge the said tax, although I have 
 advertised and posted the same in (here name the 
 papers , and the place where posted) as the law di¬ 
 rects : Therefore, know ye, that I, the said A B, 
 
SUBPOENA. 
 
 233 
 
 in consideration of the sum of —, to me paid for 
 discharging the said taxes, and necessary interven¬ 
 ing charges, by C D, of —, have granted, bargain¬ 
 ed, sold and conveyed, and do hereby grant, &c. to 
 the said C D, his heirs and assigns forever. (Here 
 describe the premises, and particularly the number of 
 acres.) The same having been struck off to the 
 said C D, he being the highest bidder therefor, at 
 a public auction legally notified, begun and held at 
 the (dwelling house or store of E F,) in said —, on 
 the — day of — last : To have and to hold the 
 same to the said C D, his heirs and assigns forever, 
 to his and their only proper use and behoof forev¬ 
 er ; subject, however, to the said proprietor or pro¬ 
 prietors’ right of redemption thereof, at any time 
 within two years from said —, the time of sale as 
 aforesaid. And I do covenant with the said C D, 
 his heirs and assigns, that the taxes aforesaid were 
 assessed and published, and notice of the intended 
 sale of the said lands given, according to law; and 
 that in all respects 1 have observed the directions of 
 the law, whereby I have good right and full power 
 to sell and convey the premises to the said C D, to 
 hold as aforesaid. 
 
 In witness whereof, I do hereunto set my hand 
 and seal this — day of—, Anno Domini, one thou¬ 
 sand eight hundred and —. 
 
 Signed,.sealed and delivered , 
 in presence of us, 
 
 C—, ss. (date.) Then the above named a E, acknowledged thp 
 above instrument to be hi.-* free act and deed.. 
 
 Before me, J P, Justice Peace. 
 
 Subpoena for a Witness. 
 
 C —, ss. To L M, of —, in the county of — 
 (addition) Greeting: 
 
 You are hereby required, in the name of the State 
 of Maine, to make your appearance before me G FI, 
 Esq. one of the Justices of thePeace 3 in and for said 
 
 *20 
 
234 
 
 SUMMONS. 
 
 county, on —, the — day of —, at my dwelling- 
 house, to wit, at my office in W, in said county, at 
 (ten) o’clock in the (fore) noon, to give evidence of 
 what yon know relating to an action or plea of —, 
 then and there to be beard and tried betwixt C D, 
 of —, (addition) Plaintiff, and E F, of —, (addi¬ 
 tion) Defendant. Hereof fail not, as you will an¬ 
 swer to your default under the pains and penalty in 
 the law in that behalf made and provided.—Dated 
 at W, aforesaid, the — day of —, in the year of our 
 Lord one thousand eight hundred and —. 
 
 G H, Justice Peace. 
 
 Summons to a Witness to make deposition. 
 
 C—, ss. To A B, of —, in the county of —, 
 (addition) Greeting: 
 
 Whereas C D, of — ; , in the county of —, (addi¬ 
 tion,) has requested me to take your deposition, to 
 be used in an action now pending between him and 
 E F, of—, in the county of —, (addition,) and the 
 dwelling-house of G H, Esq. in —, in said county, 
 and the — day of —, in the year of our Lord one 
 thousand eight hundred and W, at (ten) of the clock 
 in the (fore) noon, are appointed the time and place 
 for taking the same deposition. You are hereby 
 required, in the name of the State of Maine, then 
 and there to appear, to testify what you know relat¬ 
 ing to the said action. Hereof fail not. 
 
 Given under my hand and seal, at W aforesaid, 
 the — day of —, in the year of our Lord one thou¬ 
 sand eight hundred and —. 
 
 J P, Justice Peace. 
 
 JYotice to a party of the taking of a deposition. 
 
 C—, ss. To E F, of —, in the county of —, 
 (addition) ' Greeting: 
 
 Whereas C D, of —, in the county of —, (addi¬ 
 tion ) lias requested me to take the deposition of A 
 B, of—, in the-county of —, (addition) to be used 
 
DEPOSITION.— WARRANT FOR TOWN MEETING. 235 
 
 in an action of —, now pending between you and 
 the said C D, and the house of G H, Esquire, in 
 "VV, in said county, and the— day of —, in the 
 year of our Lord one thousand eight hundred and 
 —, at (ten) of the clock in the (fore) noon, are ap¬ 
 pointed the time and place for the said deponent to 
 testify what he knows relating to the said action ; 
 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 W aforesaid, 
 the — day of —, in the year of our Lord one 
 thousand eight hundred and —. 
 
 J P, Justice of the Peace * 
 
 Caption of a Deposition. 
 
 C—, ss. (Date) On the — day of —, in the 
 year of our Lord, he. the aforesaid was examined 
 and cautioned, and sworn (or affirmed) agreeably 
 to law, to the deposition aforesaid by him subscrib¬ 
 ed, taken at the request of —, and to be used in ail 
 action of —, now pending between him and —, be¬ 
 fore (Here name the court, Justice , referees , or arbi¬ 
 trators ;) and the adverse party was, or was not pres¬ 
 ent, (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 state and not to return in 
 time for the. trial, or being bound on a voyage to 
 sea , or being so sick, or being so infirm , or beingso 
 aged as to be unable to travel and attend at the trial) 
 is the cause of taking this deposition. 
 
 J P, Justi ce of the Peace. 
 
 Warrant for calling town meeting for the choice of 
 
 town officers, fyc. 
 
 STATE OF MAINE. 
 
 C—, ss. To A B, one of the constables of the 
 town of W, within said county, Greeting. 
 
 In the name of the State of Maine, you are here¬ 
 by required to warn the freeholders and other in- 
 
236 
 
 WARRANT FOR TOWN MEETING. 
 
 habitants of the said town of W, qualified to vote 
 in town affairs, to meet and assemble at —, on —, 
 the — day of —, at — of the clock in the — noon, 
 then and there to act on the following articles, viz. : 
 
 1. To choose a moderator to govern said meet- 
 ing. 
 
 2. To choose all town officers, to serve the town 
 the ensuing year. 
 
 3. To raise all such sums of money as may be 
 necessary to defray the charges of the town. 
 
 (Jldd other specifications, as the case may be.) 
 
 Hereof fail not and make due return of this war¬ 
 rant, and of your doings thereon, unto the select¬ 
 men, on or before the said day. 
 
 Dated at W aforesaid, the — day of —, in the 
 year of our Lord one thousand eight hundred 
 and —. } 
 
 > Selectmen. 
 
 C—, ss. (Date.) By virtue of this warrant, I 
 have warned the freeholders and other inhabitants 
 of the town of W, qualified to vote in town affairs, 
 to assemble at the time and place, and for the pur¬ 
 poses therein mentioned. 
 
 N O, Constable. 
 
 Warrant for calling town meeting for choice of Gov~ 
 
 ernor , fyc. 
 
 STATE OF MAINE. 
 
 C—, ss. To A B, one of the constables of the 
 town of W, within said county, Greeting : 
 
 In the name of the State of Maine, you are requi¬ 
 red forthwith to warn all the freeholders and other 
 inhabitants of the town of W, being “ of the age of 
 twenty one years and upwards, except paupers, per¬ 
 sons under * guardianship, and Indians not taxed, 
 having their residence established in this ^tate (and 
 in said town) three months next preceding said day 
 
CORONERS'. 
 
 237 
 
 ef election,” to assemble at —, in said town, on 
 Monday, the — day of September next, at — of the 
 clock in the — noon ; then and there to give in 
 their votes for governor, senators and representa¬ 
 tives, for the year ensuing, agreeably to the consti¬ 
 tution. 
 
 (The remainder of the warrant , and the return 
 may be the same as in the preceding.) 
 
 DUTY AND POWER OF CORONERS. 
 
 By the laws of Maine it is provided “ That each 
 Coroner shall, as soon as he shall be certified of 
 the dead body of any person supposed to have come 
 to his death by violence or casualty, found or lying 
 within his county, make out his warrant directed to 
 the Constable of the town where the dead body is 
 found or lying, or the Constables of one or more 
 of the three or four next adjacent towns, requiring 
 them forthwith to summon a Jury of good and law¬ 
 ful men of the same town or towns, sufficient to 
 make up nine in all, to appear before him at the 
 time and place in such warrant mentioned and ex¬ 
 pressed; which warrant shall be inform following: 
 
 [l. s.] C — , ss. To either of the constables of 
 —, in the said county of C, Greeting : 
 
 These are in the name of the State of Maine, to 
 require you immediately to summon and warn —* 
 good and lawful men of the said town of —, to ap¬ 
 pear before me, one of the coroners of the said coun¬ 
 ty of C, at the dwelling-house of—, (or at a place 
 called, —, within the said town of—,) at the hour of 
 —, then and there to inquire upon the view of the 
 body of —, there King dead, how and in what 
 manner he came to his death. Fail not herein at 
 your peril. 
 
 Given under my hand and seal, at—, the —day 
 of—, in the,year of our Lord, one thousand eight 
 hundred and —W G. 
 
233 
 
 CORONERS. 
 
 And every Constable to whom such warrant shall 
 be directed and delivered shall forthwith execute 
 the same, and shall repair to the place where the 
 dead body is, at the time mentioned, and make re¬ 
 turn of the warrant with his doings thereon, unto 
 the Coroner, that granted the same. And every 
 Constable failing unnecessarily of executing such 
 warrant, or of returning the same as aforesaid, shall 
 forfeit the sum of ten dollars, and every person 
 summoned as a Juror as aforesaid, that shall fail of 
 appearance without having reasonable excuse there¬ 
 for, shall forfeit seven dollars; which forfeitures 
 shall be recovered by action of debt before any 
 Court that can take cognizance of the same, and 
 shall be applied to the use of the county. And the 
 Coroner shall swear six or more of the Jurors that 
 shall appear, and shall give the foreman by him 
 appointed, his oath upon view of the body, in form 
 following : 
 
 You solemnly swear that you will diligently in¬ 
 quire and true presentment make on behalf of this 
 State, how and in what manner A B, who lies here 
 dead, came to his death, and you shall deliver up 
 to me, one of the coroners of this county, a true in¬ 
 quest thereof, according to such evidence as shall be 
 laid before you, and according to your knowledge. 
 So help you God. 
 
 And then shall swear the other Jurors in form 
 following: Such oath as your foreman hath taken, 
 you and each of you shall well and truly observe 
 and keep. So help you God. 
 
 And the Jurors being sworn, the Coroner shall 
 give them a charge upon their oaths, to declare of 
 the death of the person, w hether he died of felo¬ 
 ny, or of mischance, or accident; and if of felony, 
 who were principals, and who were accessaries; 
 with what instrument he was struck or wounded, 
 and so of all prevailing circumstances, which may 
 come by presumption; and if by mischance or aa- 
 
CORONERS. 
 
 239 
 
 cident, whether by the act of man, and whether by 
 hurt, fat!, stroke, drowning or otherwise; to inquire 
 of the persons who were present, the finders of the 
 body, his relations and neighbours, whether he was 
 killed in the same place where he was found, and if 
 elsewhere, by whom, and how he was brought from 
 thence; and of all circumstances relating to the 
 said death A id if he died of his own fidonly, then 
 to inquire of the manner, means or instrument and 
 of all circumstances concerning it. And the Jury 
 being charged shall stand together, and proclama¬ 
 tion shall be made for any person that can give 
 evidence, to draw near and that they shall be heard 
 And every Coroner is further empowered to send 
 out his warrant for witnesses, commanding them to 
 come before him, to be examined, and to declare 
 their knowledge concerning the matter in question ; 
 and he shall administer an oath to them in form 
 following : 
 
 You solemnly swear, that the evidence which you 
 shall give to this inquest, concerning the death of 
 A B, here lying dead, shall be the truth, the whole 
 truth, and nothing but the truth. So help you 
 Gud. 
 
 The evidence of such witnesses shall be in wri¬ 
 ting subscribed by them : and if they relate to the 
 trial of any person concerned in the death, then 
 shall the Coroner bind such witnesses by recogni¬ 
 zance in a reasonable sum for their personal ap¬ 
 pearance at the next Supreme Judicial Court, to be 
 holden within or for the same county, there to give 
 evidence accordingly ; and commit to the common 
 gaol of the county such witness or witnesses as shall 
 refuse to recognize as aforesaid ; and shall return 
 to the same court the inquisition, written evidence 
 and recognizance by him taken. And the Jury 
 ■ having viewed the body, heard the evidence, and 
 made all the inquiry within their power, they shall 
 draw up and deliver unto the Coroner their verdict 
 
240 
 
 CORONERS. 
 
 upon the death under consideiation, in writing un¬ 
 der their hands and seals, in form following : 
 
 S —, ss. An inquisition taken at B, within the 
 said county of S, the — day of —, in the year of 
 our Lord —, before VV G, gentleman, one of the 
 coroners of the said county of S, upon the view of 
 the body of A B, there lying dead, by the oaths of 
 *— yeomen, good and lawful men, who being char¬ 
 ged and sworn to inquire for the State, when, how, 
 and by what means the said A B came to his death, 
 upon their oaths do say— (Then insert how, when , 
 ond by what means , with what instrument he was kil- 
 Itd ; and if it appears that : e hath been murdered by 
 a person known, then the inquisition shall be conclu¬ 
 ded in this form,) to wit : And so the Jurors afore¬ 
 said upon their oaths aforesaid, do say, that the 
 aforesaid A B, in manner and form aforesaid, then 
 and thereof his malice aforethought, did kill and 
 murder against the peace and dignity of the State, 
 and the laws of the same. (Jf it appears to be self- 
 murder, then shall the inquisition be concluded thus :) 
 And so the Jurors aforesaid, thus upon their oaths 
 aforesaid, do say, that the said A B, in manner and 
 form aforesaid, then and there voluntarily and felo¬ 
 niously as a felon of himself, did kill and murder 
 himself against the peace. (And if it appears that 
 the death was by misfortune.) And so the Jurors 
 aforesaid, upon their oaths say, that the said A B, 
 in manner aforesaid, came to his death by mi for¬ 
 tune. (If innocently, by the hands of any person ,) 
 The Jurors upon their oaths aforesaid do say, that 
 the aforesaid D R, the aforesaid A B, by misfortune, 
 and against and contrary to the will of him, the 
 said D R, in manner and form aforesaid, did kill 
 and slay. 
 
 In witness whereof, the said coroner and jurors to 
 this inquisition, have set their hands and seals 
 above said And upon an inquisition found before 
 any Coroner of tl^e death of any person, by the 
 
CORONERS. 
 
 241 
 
 felony or misfortune of another, he shall speedily 
 inform one or more of the Justices of the same 
 county thereof, to the intent that the person killing, 
 or being any way instrumental to the death, may be 
 apprehended, examined and secured in order for 
 trial.” 
 
 C—s ss. Bill of Costs of an Inquisition taken at 
 —, within the said county of —, on the — day of—, 
 A. D. 18 , before W G, one of the Coroners of the 
 
 said count} 7 , upon the view of the body of—, late 
 of the town of—, within this State. 
 
 The Coroner’s fees for granting a warrant and tak- ? 
 ing an Inquisition, ■ > 
 
 The Coroner for his travel and expense in taking ? 
 the Inquisition, 
 
 Mr. N O, the Constable, his attendance and expen- ? 
 ses and summoning the Jury, - £ 
 
 Mr. N O, the Constable, for summoning witnesses, > 
 at 10 cents each, 
 
 Fees for — Jurors sworn and attended, at 75 cts. ea. 
 
 $1 00 
 1 00 
 90 
 
 Fees for —witnesses sworn and examined at 33 c. ea. 
 
 Juror’s Names. 
 
 Juror’s Names . 
 
 
 Witnesses Names . 
 
 
 5 Coroner for the county 
 
 
 l of 
 
 It is also provided, That every Coroner within 
 the county for which he is appointed, shall, after the 
 return of an inquisition of the Jury, upon the view 
 of a dead body of any stranger, bury said body in a 
 decent manner ; and the expenses thereof, together 
 21 
 
 i 
 
242 
 
 CORONERS- 
 
 with all the expenses of said inquisition and the cor¬ 
 oner’s fees, shall be paid to said coroner out of the 
 Treasury of this State, an account of said expenses 
 being first examined and allowed by the Legislature, 
 in the same manner that accounts for State paupers 
 are allowed. Provided the coroners who shall re¬ 
 turn the inquisition, shall certify under oath, that the 
 person found dead, was a stranger not belonging to 
 this State, according to the best of his knowledge 
 and belief; otherwise the expenses of taking up and 
 burial, shall be paid to such coroner, by the town 
 where such dead body was found, and repaid to 
 them by the town to which said stranger belonged, 
 if an inhabitant of this State ; and the expenses of 
 said inquisition shall be paid to the coroner, by the 
 county in which the inquisition shall be taken. 
 
 Power and Duty of Coroners in proving legal pro¬ 
 cesses. 
 
 It is by law provided, That every Coroner with¬ 
 in the county, for which he is appointed, shall serve 
 all writs and precepts, when the sheriff or either of 
 his deputies shall be a party to the same; and shall, 
 if present in court, return jurors de talibus circum- 
 st antibus, in all causes where the sheriff of the coun¬ 
 ty shall be interested or related to either party. 
 And when the office of sheriff in any county may be 
 vacant by death, resignation, removal or otherwise, 
 the several coroners of such county be, and they 
 are respectively authorized and empowered to exe¬ 
 cute and return all writs and precepts, which are by 
 law appointed to be executed and returned by the 
 sheriff, until another sheriff for such county shall be 
 appointed and legally qualified, and such coroners 
 shall have notice thereof. Coroners are also au¬ 
 thorized and empowered to make service and return 
 of all writs and processes to them duly directed in 
 which towns or plantations, of which they are in- 
 
CORONERS. 
 
 243 
 
 habitants, are parties or interested, any law, usage 
 or custom to the contrary notwithstanding. 
 
 Powers and Duties of Sheriffs and Constables. 
 
 It is by law provided, That the sheriff of each 
 county in this State, shall have power, and it shall 
 be his duty, and the duty of each of his deputies, to 
 serve and execute within his county, all writs and 
 precepts to him or them directed and committed, 
 issued from good and lawful authority ; including 
 all writs and processes in which towns, of which 
 they are inhabitants, are parties or interested* 
 
 If any sheriff or bis deputy, shall unreasonably 
 neglect or refuse to pay to any person, any money 
 received by him upon execution to the use of such 
 person, upon demand thereof being made, he shall 
 forfeit and pay to such person live times the lawful 
 interest of such money, so long as he shall so un¬ 
 reasonably detain the same after such demand is 
 made. 
 
 It is also provided , That no sheriff or deputy 
 sheriff shall be suffered to appear in any court, or 
 before any Justice of the Peace, as attorney to, or 
 in behalf of, or assisting, or advising to any party 
 in a suit ; nor shall any sheriff, or bis deputy be 
 allowed to draw, make or fill up any plaint, decla¬ 
 ration, writ or process, or to draw or make any plea 
 for any other person ; but all sue!) acts done by 
 either of them shall be void. 
 
 It is also provided , That if any person shall,with 
 an intent thereby to procure himself to be retained 
 as an attorney, or employed as a justice of the 
 peace, sheriff, deputy sheriff, coroner or constable 
 in the collection of any note, account or other de¬ 
 mand whatever, by a suit at law, or with an inten 
 thereby to procure and obtain any promissory note, 
 account, or other demand for the purpose of mak- 
 
244 
 
 CORONERS. 
 
 % 
 
 ing to himself any gain or profit from the writs or 
 fees, arising in the collection thereof, by a suit at 
 law, directly or indirectly loan or advance any sum 
 or sums of money ; or shall promise to loan or ad¬ 
 vance any sum or sums of money ; or shall forbear 
 and give day of payment; or shall promise to for¬ 
 bear and give day of payment of any sum of money 
 due on any demand left with such person to be by 
 him collected ; or shall pay or assume to pay any 
 debt of any person whatever ; or shall purchase any 
 goods or chattels, or shall give or promise any val¬ 
 uable consideration whatever, w ith an intent thereby 
 to procure and obtain any promissory note, account 
 or demand, for the purpose of making to himself 
 any gain or profit, from the writs or fees, arising in 
 the collecting thereof, by a suit at law ; every per¬ 
 son so offending, shall forfeit and pay a sum, not 
 more than five hundred, nor less than twenty dollars 
 for each and every offence, to he recovered by iu- 
 dictment in the Supreme Judicial Court. 
 
 It is also further provided , That if any person, 
 with any of the intents and purposes mentioned (in 
 the section preceding) shall become liable or respon¬ 
 sible in any manner whatever, directly or indirectly, 
 for the payment of money or other things, or shall 
 become surety for another, or shall become party to 
 any security or assurance for the payment of money 
 or other commodities whatever, or shall request or 
 advise or procure another person so to become liable 
 or responsible, or surety, or party, as aforesaid, ev¬ 
 ery person so offending, shall be liable to the pains 
 and penalties mentioned, (in the section aforesaid) 
 to be recovered and appropriated in the manner 
 therein provided. 
 
 A Constable, in order to be legally qualified for 
 discharging the duties of his office, must give bond 
 to the Treasurer of his town in the sum of two hun¬ 
 dred dollars, with two sureties, sufficient in the opiu- 
 
CORONERS. 
 
 245 
 
 ion of the selectmen and town clerk, for the faithful 
 performance of his duties and trusts ; and for any 
 process he shall serve or execute before giving such 
 bond, he shall forfeit and pay not less thap twenty, 
 nor more than fifty dollars, recoverable to the use 
 of any person who shall sue for the same. A con¬ 
 stable in the execution of the warrant, or writ to 
 him directed bylawful authority, shall have author¬ 
 ity to convey as well any prisoner or prisoners, as 
 things that he may have taken into his custody, 
 either to the justice issuing such warrant or writ, or 
 to the common gaoler or house of correction of the 
 county where such constable is an inhabitant, ac¬ 
 cording as in the writ or warrant may be directed. 
 
 And any Sheriff, Deputy Sheriff, or Constable, 
 being in the execution of his office for the preserva¬ 
 tion of the Peace, or for the apprehending or secur¬ 
 ing any person or persons for the breach of the same, 
 or for any other criminal cause, shall have lawful 
 authority to require suitable aid and assistance 
 therein. 
 
 It is also provided , that any constable in any 
 town or plantation within this State, be, and he is 
 authorized and empowered to serve upon any per¬ 
 son or persons in the town or plantation to which 
 he may belong, any writ, summons or execution, in 
 any personal action, where the damage sued for, or 
 recovered, shall not exceed one hundred dollars; in¬ 
 cluding all writs and processes to them duly directed, 
 in which towns or plantations of they are inhabitants, 
 are parties or interested, and return thereof to make 
 to the court to which the same mav be returnable. 
 
 It is also provided, that no person shall serve or 
 execute any civil process, from midnight preceding 
 to midnight following the Lord’s day: but the ser¬ 
 vice thereof shall be void, and the person serving 
 the same shall be as liable to answer damages to 
 the party aggrieved, as if he had done the same 
 without any such civil process. 
 
 All actions against Sheriffs, for the misconduct 
 21 * 
 
246 
 
 CORONERS. 
 
 and negligence of their Deputies, shall be com¬ 
 menced and sued within four years next after the 
 cause of action, (and not after.) 
 
 Sect. 5, of an act respecting the attachment of 
 property , fyc. enacts , that when goods or chattels 
 shall be taken to satisfy an execution issuing upon 
 a judgment obtained, such goods or chattels shall 
 be safely kept, by the officer, at the expense of the 
 debtor, for the space of four days next after they 
 are so taken ; and if within that time the owner 
 shall not redeem the same by otherwise satisfying 
 the execution, such goods and chattels shall be sold 
 at public vendue, to the highest bidder, having first 
 been advertised, by posting up notifications of the 
 time and place of sale, forty-eight hours before the 
 expiration of the four days, in the town or place 
 where the sale is to be ; and the money arising upon 
 such sale shall be applied to the paying charges 
 and the satisfying the execution; and the officer 
 shall return the overplus, (if any there be) to the 
 debtor. And the officer, who is possessed of the 
 execution shall make return of the execution, with 
 his doings therein, particularly describing the goods 
 taken and sold, and the sum for which each article 
 . was struck off; and if any officer shall be found 
 guilty of any fraud in the sale, or in the return, he 
 shall be liable to the debtor to pay him five times the 
 
 sum defrauded, to be recovered by action of the case. 
 
 ' _ %/ 
 
 Sect. 6 enacts , That an attested copy or copies of 
 execution, left with the Clerk, Treasurer or Cashier 
 of any turnpike, bridge, canal or other corporation, 
 and an advertisement of the time and place of sale 
 being once published within (said) thirty days after 
 judgment, shall be deemed a taking such shares or 
 interests in execution, pursuant to the attachment 
 on the original writ; and so many of said shares, 
 or so much of said interest may be sold on said 
 execution at public vendue, to the highest bidder, as 
 shall be sufficient to satisfy the same, and the char - 
 
CORONERS. 
 
 247 
 
 ges of the sale, after notice shall have been given of 
 the lime and place of sale in manner as hereinafter 
 provided ; and in case the officer making the sale, or 
 the purchaser or purchasers of any such shares or 
 interest do cause an attested copy or copies of such 
 execution, and the officer’s return thereon to he left 
 with such Clerk, Treasurer or Cashier, within four¬ 
 teen days after the sale is completed, and pay for 
 the recording of the same, such purchaser or pur¬ 
 chasers shall be thereby entitled to such shares and 
 interest, with all the privileges appertaining thereto, 
 and the income and dividends which may have 
 accrued or been made on the same subsequent to 
 the attachment thereof on mesne process ; and it 
 shall be the duty of the proper officer or officers of 
 such corporation, to issue to the purchaser or pur¬ 
 chasers under such execution, such certificates as 
 by the by-laws and regulations of such corporation 
 are the evidences of the shares or interest of a pro¬ 
 prietor in such corporation. 
 
 Sect. 7 enacts , That in making sale of any such 
 shares or interest, the officer holding the execution 
 shall give notice in writing of the time and place 
 of sale to the judgment debtor, by leaving the same 
 at his last and usual place of abode, if within the 
 county in which the said officer dwells, and public 
 notice of the said time and place of sale, by posting 
 up notifications thereof in one or more public places 
 in the town or plantation where such sale is to be 
 made, and also in one or more public places in the 
 two adjoining towns, thirty days at least before the 
 time of sale, and further shall cause an advertise¬ 
 ment, expressing the time and place of sale, and 
 against whom such execution shall have issued on 
 which such shares or interests have been taken, to 
 be published three weeks successively before the 
 day of sale, in some public newspaper printed in the 
 county where the sale is to be made, if any such be 
 therein printed, and in case no such paper is therein 
 
248 
 
 CORONERS. 
 
 printed, then such advertisement shall be published 
 in some public newspaper in the nearest county 
 wherein a newspaper shall be published ; and in 
 case the judgment debtor has at no time resided, or 
 does not then dwell in such county, the posting up 
 such notifications, and publishing such advertise¬ 
 ments in manner aforesaid shall be deemed sufficient 
 notice of such sale; and in case the shares or interest 
 so notified for sale, shall not, for want of purchasers, 
 be disposed of at the time appointed for sale, the 
 officer shall adjourn the sale for a time not exceeding 
 three days, and from time to time, until the sale 
 shall be completed ; and the surplus monies (if any 
 there be) arising from such sale, beyond satisfying 
 the contents of the execution, and necessary inter¬ 
 vening charges, the officer shall pay the debtor, or 
 deposit the same with the Treasurer or Cashier of 
 the corporation, for the benefit of the debtor and 
 subject to his order. 
 
 Sect. 9 enacts , That whenever any judgment has 
 been, or may hereafter be recovered in any Court 
 of law, against any turnpike, bridge, canal or other 
 company incorporated by law, with power to re¬ 
 ceive toll, the franchise of such corporation, with 
 all the privileges and immunities thereof, as far as 
 relates to the right of demanding and receiving toll, 
 as well as all other corporate property, whether 
 real or personal, shall be liable to the satisfaction 
 and payment of such judgment, and may be taken 
 and sold on execution at public vendue; the officer 
 first giving notice of the time and place of sale, by 
 posting up a notification thereof in any town or 
 plantation, in which the Clerk, Treasurer, or any 
 of the Directors of said corporation may dwell, 
 thirty days at least before the time of sale, and also 
 by causing an advertisement, expressing the name 
 of the creditor, amount of said execution, and the 
 time and place of sale, to be inserted three weeks 
 successively in some public newspaper, published in 
 
CORONERS. 
 
 249 
 
 any county in which either of the aforesaid officers 
 of said corporation may dwell, (if any such news¬ 
 paper shall be there printed) the last publication to 
 be at least four days before the day of sale. 
 
 Sect. 12 enacts , That the officer who may levy any 
 execution or warrant of distress by virtue of the 
 ninth and thirteenth sections of this act, shall be 
 authorized to adjourn the vendue from time to time, 
 not exceeding ten days at any one time, until the 
 sale shall be completed. 
 
 Sect. 13 enacts , That the lands, tenements or 
 hereditaments of any bank already incorporated, or 
 which may hereafter be incorporated by law, may 
 be taken in execution, and sold at public vendue, to 
 the highest bidder; and in every such case, the 
 officer who shall levy such execution shall be em¬ 
 powered to execute to the purchaser a good deed or 
 deeds of any such lands, tenements or hereditaments, 
 having first given notice of the lime and place of 
 sale, at least fourteen days previous thereto, in two 
 or more public places, in the town or place where 
 such lands or tenements lie, as also in two adjacent 
 towns; and all deeds and conveyances of any such 
 lands, tenements or hereditaments duly executed as 
 aforesaid, shall be good and effectual in law to 
 transfer to the purchaser, his heirs and assigns for¬ 
 ever, all the right, title and interest therein, which 
 belonged to said corporation ; any law, usage or 
 custom to the contrary notwithstanding. 
 
 Sect. 17 enacts , That all rights in equity of re¬ 
 deeming real estate mortgaged, shall be liable to 
 
 O O O ' 
 
 be taken in execution upon judgment, for the pay¬ 
 ment of the just debts of the mortgager or owner, 
 and the officer having such execution is hereby 
 authorized to make sale of the same at public 
 vendue, and to make, execute, acknowledge and 
 deliver to the highest bidder, good and sufficient 
 deed or deeds of any estate so sold, in manner as is 
 hereinafter expressed. And the officer shall give 
 
250 
 
 CORONERS. 
 
 notice in writing, of the time and place of sale to 
 the debtor in person, or by leaving the same at his 
 last and usual place of abode, and public notice of 
 the said time and place of sale, by posting up noti- 
 cations thereof in two or more public places in the 
 town or plantation in which such mortgaged estate 
 is situated, and also in one or more public places in 
 two adjoining towns, thirty days at least before the 
 time of sale ; and further shall cause an advertise¬ 
 ment of the time and place of sale to be published 
 three weeks successively before the day of sale, in 
 some public newspaper printed in the county in 
 which such real estate lies, if any such newspaper 
 shall be there printed, and the notifications afore¬ 
 said being given or posted up within the space of 
 thirty days after judgment given, whereon such 
 execution shall issue, the attachment shall hold the 
 equity, attached as aforesaid, until the levy of such 
 execution can be completed in manner hereinafter 
 described. And in case the estate notified for sale, 
 as aforesaid, shall not be disposed of at the time 
 and place appointed, the officer shall adjourn the 
 vendue, not exceeding three days, and so from time 
 to time until the sale shall be completed. And the 
 surplus monies (if any there shall be) arising from 
 such sale, beyond satisfying the debt, costs, and 
 necessary intervening charges, the officer shall re¬ 
 turn to the debtor. 
 
 The following observations respecting the gener¬ 
 al powers and duties of sheriffs, coroners and con¬ 
 stables, are extracts from Backus’ Sheriff', with his 
 references annexed. 
 
 To justify the sheriff in arresting a man on the 
 suspicion of felony, there must have been a felony 
 actually committed. Dalt. Sher. 28. 
 
 By the common law, the sheriff is the same officer 
 to the court of king’s bench, as the constable is to 
 the justices of the peace. 
 
 Salk. Rep. 1, 175, 380, 
 
CORONERS. 
 
 251 
 
 Courts, considering the nature of the sheriffs 
 office, will never give the law a rigid construction 
 against them, where they have acted intentionally 
 right, though by an inadvertence to the letter of the 
 law their conduct was wrong. Comp. Sher. 14. 
 
 In the State of Massachusetts, (and the same is 
 presumed to be law in the State of Maine) if a 
 defendant is misdescribed, as to the place of his 
 abode, in the original writ, which is legally served 
 upon him, and judgment is rendered thereon upon 
 default, and execution issues in pursuance thereof, 
 and is levied upon his goods, the officer, who serves 
 such execution is not liable in an action of trespass, 
 on account of such misdescription. The officer is 
 not holden to look beyond his execution. If with 
 the execution in his possession, he finds within his 
 precincts the goods of the defendant, and takes and 
 sells them as commanded, he is not a trespasser. 
 
 Mass. T. R. 1 , 76. 
 
 Trespass lies against an officer, who executes the 
 process of a court not having jurisdiction. 
 
 Craunch , 3, 335, 336, 337, S. C. U. S. 
 
 The ministerial office of the coroner is only as the 
 sheriff’s substitute. For when just exception is ta¬ 
 ken to the sheriff for suspicion of partiality, (as that 
 he is interested in the suit, or of kindred to either 
 party, plaintiff or defendant,) the process must be 
 awarded to the coroner instead of the sheriff, for 
 execution. Bl. Com . I. 349. 
 
 If a writ be directed to the sheriff without men¬ 
 tioning his deputy, yet it may be served by a 
 deputy. 
 
 For felony and suspicion of felony sheriffs and 
 constables may break the house to apprehend the 
 felon ;* but if the suspicion arises in the mind of a 
 third person, and is by him communicated to the 
 constable, he must accompany the constable, and be 
 present at the breaking.f 
 
 *Coke 90. V. 
 
 •fH. P.C. If. 19. 
 
CORONERS. 
 
 252 
 
 If a sheriff, or other officer, come to arrest a per¬ 
 son, and before the officer can make the arrest, the 
 defendant flies; the officer may pursue him, and 
 take him, even in another county, but must use no 
 violence to him, he not having been actually arrest¬ 
 ed before he fled ; but if, after being arrested, he 
 flies, and when overtaken, draws any weapon, the 
 officer may justify an assault and battery to take 
 him. Dalt. Sher. 111 . 
 
 If an officer arrest a person without warrant, 
 though one may be delivered to him immediately 
 after, to arrest the party for the same cause, yet the 
 action is tortious, and the officer liable in an action 
 of false imprisonment by the party, and may be 
 amerced. Dali. Sher. 111 . 
 
 If a person is in custody of the sheriff, by lawful 
 authority, (except for criminal matters,) and another 
 writ is delivered to the sheriff, commanding him to 
 take the body of such person then in custody, by 
 virtue of such other ivrit, and such sheriff shall re¬ 
 fuse to receive such other writ, or shall not hold 
 the prisoner upon it, it will be an escape in the 
 sheriff, though he made no formal arrest by the 
 second writ. Dalt. Sher. 114. 
 
 If an officer arrest a person on a capias, or writ 
 of attachment, or other lawful process, and returns 
 non est inventus , the person arrested may maintain 
 false imprisonment against such officer. 
 
 Dalt. Sher. 113 . 
 
 In the service of an attachment, the officer may 
 not take the goods or estate of the defendant, and 
 also take his body : and if after having taken the 
 defendant’s goods or estate, he also take his body, 
 such officer is liable in an action of false imprison¬ 
 ment, in favor of the person whose goods, or estate 
 and body are so attached. Root. II. 343. 
 
 A married womau must be attached by the goods 
 of her husband. Dalt. 157. 
 
 An officer cannot attach the estate of the defend¬ 
 ant on mesne process, after having arrested his body 
 
CORONERS. 
 
 253 
 
 on the same writ, and taken bail for his appearance 
 at court. And if, after making such arrest and 
 taking bail, the officer, without giving up the bail 
 bond, attach estate, and make return thereof; but in 
 his return make no mention of such previous arrest, 
 lie is liable to an action for a false return. And 
 such action lies for a third person, who had caused 
 the same estate to be afterwards attached at his suit. 
 
 No one may be arrested in any civil action, but 
 by some writ, precept or command, issued by some 
 court, judge or justice, having authority therefor 
 But for treason, felony, or breach of the peace, any 
 person may arrest, without warrant or precept. 
 
 Terms de ley , 54. 
 
 To constitute an attachment of goods an officer 
 must take them into his actual possession and cus¬ 
 tody, as on seizure by execution. 
 
 Mass. T. R. 163, 164. 
 
 Implements of husbandry used in tilling are not 
 within the statute exempting the tools of a debtor 
 from attachment and execution. Mass. T.R. 113. 
 
 Although in the opinion of the officer the goods or 
 estate by him (in any case) taken are insufficient to 
 satisfy the plaintiff’s demand, and on that account 
 he takes the body, he is a trespasser. Root , 346. 
 
 A minister of religion, while performing divine 
 service in a church, churchyard, or other place of 
 public worship, may not be arrested on civil pro¬ 
 cess, unless his stay or continuance is with a fraudu¬ 
 lent design. 
 
 . If an arrest be made after the return day of the 
 writ, the arrest is void, and the officer liable in false 
 imprisonment. Esp. JV. P. cases, i. 45. 
 
 If a defendant be taken on execution, and give 
 the plaintiff a draft, saying it will be paid immedi¬ 
 ately, and is thereupon discharged out of custody, 
 and the bill is dishonored, he may be again arrested 
 on the same execution. Ter. Rep. v. 25. 
 
 If an execution be directed to the sheriff, to levy 
 the g^ods of A, and A’s goods are in B’s house, if 
 
254 SHERIFFS, CONSTABLES, AND CORONERS. 
 
 the sheriff request a delivery of the goods, and the 
 are refused, lie may justify breaking and entering 
 the house, and taking the goods. Co.v. 93. >SVd. 186. 
 
 When once in a house, the sheriff may break open 
 not only inner doors, but also trunks and chests, to 
 complete the execution of his writ.* But it seems, 
 that before breaking trunks or chests, the officer 
 ought to demand that they be opened. 
 
 If the sheriff, having arrested the defendant, 
 return that he is sick, and after admits him to bail, 
 no action lies against the sheriff.j* But if he return 
 iiiat he has taken the body, and has him ready in 
 court ; or that he is sick, when he is in fact at large 
 without bail, an action lies for the false return. 
 
 If the defendant who has given a bail bond, sur¬ 
 render himself to the sheriff before the return of the 
 writ, the bail bond may be given up ; and it will be 
 considered as if no such bail bond had been given, 
 and the sheriff not liable for not assigning the same. 
 
 Term. Rep. 75, 3 & vii. 122. 
 
 Nor is a deputy sheriff, who has collected money 
 on an execution in his hands, not vet returnable, 
 liable in an action of foreign attachment, as a trustee 
 to the creditor in such execution. When an officer 
 receives money upon an execution, the law pre¬ 
 scribes his duty in relation to it. He is not bound 
 to pay it over to the creditor until the return day of 
 the execution. From his receipt of it, until that day, 
 it is not the creditor’s money, but is in the custody 
 of the law, and is not liable to be arrested in the 
 hands of the officer. The money collected on exe¬ 
 cution by an officer, is not while in his hands the 
 property of the creditor, and cannot be either his 
 goods, effects, or credits. And if the officer has not 
 in his hands any goods, effects, or credits of the 
 creditor in execution, he certainly cannot be his 
 trustee. Mass. T. R. in. 289. 
 
 If a coroner, who is sued for neglect of his duty 
 
 * Show. II. 87. Cro. Eliz. 99. 
 f Cro. Eliz. 852- Bac. Abr, IV. 462. 
 
 
SHERIFFS, CONSTABLES, AND CORONERS. 255 
 
 ns such , be also a deputy sheriff, the service of the 
 writ by another deputy of the same sheriff is bad * 
 Brown vs. Gordon. 1. Greenl. Rep. 
 
 If the sheriff, in replevin, return, the cattle were 
 in a fort, castle, or park, so that he could not make 
 deliverance, it is bad ; for he might have taken the 
 'power of the county with him. Nor may he in such 
 case return resistance, for the same season. 
 
 Dalt. Slier. 165. 
 
 A bond given to indemnify the sheriff against an 
 escape already happened, is good. 
 
 JV. Y. T. R. i. 460. 
 
 False imprisonment lies against the officer for an 
 arrest, under colour of an execution, after the return 
 day of the same. Buy in. 1. 
 
 The following are extracted from the Civil Officer. 
 
 Arrest must be by seizing or touching the body, 
 after which the officer may break open the house to 
 take his prisoner, but not before, for every man’s 
 house is by the law considered his castle. 
 
 If an officer lays hold of one by the hand, as he 
 holds it out of a w'indow, this is such an arrest, that 
 he may afterwards justify breaking open the house 
 to carry him away. 
 
 A sheriff is bound to execute process from a court 
 of competent jurisdiction ; and though there be no 
 cause of action ; or the process be erroneous, he is 
 not responsible. 
 
 The officer must not break an outer door to arrest 
 a man, on mesne process or execution ; but he may 
 break an inner door to execute his precept, if he 
 has gained admission at the outer door. 
 
 * This decision was made in conformity to the statute law of this 
 State, “ which (the court observed) is express, that one deputy cannot 
 legally serve a writ on another deputy, (of the same sheriff,) nor on tho 
 sheriff.” In this case the sheriff, who served the process was not a cor¬ 
 oner; if he had been such, he might have served the writ in that ca¬ 
 pacity. We can also state upon the authority of the reporter, that a 
 sheriff, who is a coroner, can legally serve a writ upon another deputy 
 and coroner,in his private or official capacity, or upon the sheriff of the 
 county, he doing the same under his authority as coroner. 
 
256 SHERIFFS, CONSTABLES, AND COROxNERS. 
 
 And it is said, that though the door be not locked 
 or bolted, but only latched, the officer may not draw 
 the latch and enter. 
 
 But, if the door be open, and the officer comes 
 and shows his process, and offers to enter to execute 
 the same, and the defendant shut the door against 
 him, the officer, giving notice of tlie cause of his 
 coming, and requesting to have the door opened, 
 may then break open the door, if the party refuse to 
 open it. 
 
 This privilege extends only to the owner of the 
 house or inhabitant of it, not to protect any stran¬ 
 ger, who flies to the house, or his goods. So that if 
 the cfliccr, having process against a stranger, de¬ 
 sires to have the door opened, or to have the body 
 of the party flying there, he may, on denial, break 
 open the house and execute his precept. 
 
 But in all cases, where the officer has a precept in 
 favor of the State, or any criminal process, he may 
 break open the door even of the owner of a house, 
 first giving notice of the cause of his coming, and 
 requesting that the door may be opened. 
 
 The officer need not show his precept, unless de¬ 
 sired, nor until the defendant has quietly submitted 
 to the arrest; but on demand, he must show his 
 authority. 
 
 Coroners' Fees—established by Jaw. 
 
 For serving a writ, summons or execution, col¬ 
 lecting moneys due thereon, travel in returning pre¬ 
 cepts and inquisitions, the same, as is allowed to 
 Sheriffs for similar services. For a bail bond, twen¬ 
 ty-five cents; every trial where the Sheriff is con¬ 
 cerned, twenty-jive cents ; and the same for attending 
 the jury therein. 
 
 Granting a warrant, and taking an inquisition on 
 a dead body, one dollar ; if more than one at the 
 same time, and who came to their death by the same 
 means, twenty cents for each one after the first. 
 
SHERIFFS, CONSTABLES, AND CORONERS. 
 
 257 
 
 Travel and expense for taking an inquisition, one 
 dollar a day to each juryman, for their travel; if 
 above four miles out, three cents a mile each way ; 
 and for their services seventy-jive cents per day, in¬ 
 cluding time and expenses : The Constable for his 
 attendance &tc. ninety cents a day. The aforesaid 
 charges to be paid out of the County Treasury. 
 
 Sheriff’s and Constable’s Fees. 
 
 For service of an original summons or scire facias, 
 thirty cents; if on more than one Dft. thirty cents 
 each. 
 
 Of writ of attachment on one Dft. with summons, 
 thirty cents . 
 
 Special service by written direction of the Plf. 
 Jifty cents. 
 
 Where the officer leaves a copy in order to com¬ 
 plete the service, or gives a copy of the precept on 
 demand thereof, twelve cents a page. A jjage is 
 224 yvords. 
 
 For a bail bond, and writing the same, including 
 principal and sureties, to be paid by the person ad¬ 
 mitted to bail, and taxed for him if he shall prevail, 
 twenty cents. 
 
 Serving a writ of possession, exclusive of fees for 
 collecting on the costs, one dollar and ten cents ; if 
 on more than one piece of land, seventy-five cents 
 for each piece of land after the first. 
 
 Tiie fees for collecting the costs on a writ of pos¬ 
 session, the same as on executions in personal ac¬ 
 tions. 
 
 Serving a warrant, thirty cents. 
 
 Sheriff’s aid in criminal cases, to each person for 
 every twelve hours attendance, including expenses, 
 one dollar , and so in proportion for a greater or less 
 time; and four cents for each miles travel going- 
 out and returning home. 
 
 Summoning witnesses in criminal cases, ten cents 
 for each witness, and travel as in civil causes, unless 
 in special cases, when the court may increase the 
 fees to what they may judge reasonable. 
 
 22 * 
 
I 
 
 258 - SHERIFFS, CONSTABLES, AND CORONERS. 
 
 For Sheriff’s or Constable’s attending the Court, 
 and keeping the prisoner, in criminal cases, seventy 
 five cents for a greater or less time. 
 
 Levying executions in personal actions for the 
 first one hundred dollars, four cents ; for every dol¬ 
 lar above that, and not exceeding two hundred dol¬ 
 lars, two cents for every dollar; and for all above 
 two hundred dollars, one cent for every dollar; trav¬ 
 el for the services of such execution, and also of 
 mesne process or warrant to him directed, four cents 
 a mile, the travel to be computed from the place of 
 service to the Court or place of return by the usual 
 way; only one travel shall be allowed for one writ, 
 execution or warrant, and if the same be served on 
 more than one person, then the travel shall be com¬ 
 puted from that place of service which may be most 
 remote from the place of return, with all further 
 necessary travel in serving such execution, writ or 
 warrant: but if the travel from the place of service 
 to the place of return be more than fifty miles, then 
 only one cent a mile shall be allowed for all travel 
 exceeding that distance. The travelling fees and 
 fees of service shall be endorsed by the officers serv¬ 
 ing the same, otherwise they shall not be allowed. 
 
 Serving an execution upon a judgment of Court 
 for partition of real estate, or assigning of dower, 
 one dollar a day, and four cents a mile, out from the 
 place of his abode. And no Sheriff shall demand 
 or receive from any of his deputies more than at the 
 rate of twenty five per cent, on the amount of fees 
 for travel and service. 
 
 For returning the certificates of votes of the sev¬ 
 eral towns for Governor and Senators to the Secre¬ 
 tary’s office, eight cents a mile, computing from the 
 place of his abode to the Secretary’s office, to be paid 
 out of the Treasury of the State ; and but one travel 
 shall be allowed for the whole. 
 
 To the officer attending the Grand Jury, for each 
 days attendance, seventy-five cents. 
 
 The officer attending the traverse Jury, for every 
 cause, to be paid with the Jury fees, twenty-five cents. 
 
 i 
 
SHERIFFS, CONSTABLES, AND CORONERS. 
 
 259 
 
 For dispensing venires for jurymen, Treasurer’s 
 warrants and proclamations of all kinds, eight cents 
 each. 
 
 To each appraiser of real estate for extending ex¬ 
 ecution or assigning dower, one dollar a day, and 
 travel at the rate of four cents a mile going out and 
 returning home. 
 
 For every deputy sheriff or constable, who shall 
 attend the S. J. Court, or Court of Sessions, or 
 Court of C. Pleas, by their order, one dollar and 
 fifty cents a day, to be paid out of the county 
 Treasury. 
 
 To the sheriff for each day’s attendance in the 
 S. J. C. or Court of C. Pleas, Jive dollars ; and two 
 dollars per day for attending the Court of Sessions, 
 and at the rate of two dollars for every ten miles 
 travel from his place of residence to the court. 
 
 To a constable for the service of venires, twenty- 
 five cents , and four cents a mile for travel to the 
 clerk’s office, to be paid out of the county treasury. 
 
 It is also provided , That every officer or other 
 person upon receiving any such fees, as are (herein 
 before) stated, shall, if required by the person pay¬ 
 ing the same, make out a partieular account of such 
 fees, in writing, specifying for what they accrued, 
 upon pain of forfeiting to the party paying such 
 fees, treble the sum by him or them so paid, to be 
 recovered with costs by an action of debt, in any 
 court proper to try the same. 
 
 And further, That if any person shall wilfully and 
 corruptly demand and receive any greater fee or fees 
 for any of the services aforesaid, than are (as afore¬ 
 said by law) allowed and provided, or if any wit¬ 
 ness, shall falsely, wilfully and corruptly certify that 
 he has travelled a greater number of miles, or at¬ 
 tended a greater number of days, than he has actu¬ 
 ally travelled or attended, he shall forfeit and pay, 
 not less than five dollars, nor more than thirty dol¬ 
 lars for every offence, to be recovered with costs, 
 either by presentment in the S. J. Court, or Court 
 
RETURNS. 
 
 260 
 
 M 
 
 / L 
 
 of C. Pleas, in which case the forfeiture shall ac¬ 
 crue to the State. 
 
 Return on writs of Attachment. 
 
 C—, ss. (Date.) Cepi Corpus. 
 
 By virtue of this writ I have taken the body of the 
 within named C D, and he gave bail, which is here¬ 
 unto annexed. D S, Dep. Sheriff. 
 
 Attachment of Personal Estate. 
 
 C—, ss. ( Date.) 
 
 Pursuant to this writ, I have attached forty-five 
 dollars, in cash, as the property of the within named 
 C D, (and which he has delivered to me for that pur¬ 
 pose) and 1 gave him, at the same time, a summons 
 in hand. D S, Dep. Sheriff. 
 
 Attachment of Real and Personal Estate. 
 
 C—, ss, (Date.) 
 
 By virtue of this writ, I have attached all the right 
 and interest which the defendant 1ms in and to a 
 certain store or building standing near —, in the 
 town ofR, ( at o'clock P. M.) this day ; I also 
 attached all the right and interest which the defen¬ 
 dant has in and to the farm on which the said with¬ 
 in named C D lives, lying in the town of R, on both 
 sides of the road leading to S, with the dwelling- 
 house on one side and barn on the other side, how¬ 
 ever bounded or described; and also I have attach¬ 
 ed the articles named in the schedule hereunto an^ 
 nexed; all of which is to the value of five hundred 
 dollars, and have left a summons at the said C D’s 
 dwelling house. CD, Dep. Sheriff. 
 
 On Writ of Original Summons. 
 
 C—, ss. (Date.) 
 
 I have served this writ on the within named C D, 
 by leaving an attested copy thereof at the dwell¬ 
 ing bouse standing on the within desesibed premi¬ 
 ses, it being his last and usual place of abode in F. 
 
 N O, Constable. 
 
RETURNS. 
 
 261 
 
 On Wrii of Scire Facias. 
 
 By virtue hereof I have made known to C D, 
 within named, by giving him an attested copy of the 
 within writ, in hand. D S, Dip. Sheriff. 
 
 Note. A return is sufficient, if it can be ascertained by (i. e. / f it 
 conforms to the directions of) the writ. Com. Dig. V. 444, 446.- 
 
 On Trustee Writ.* 
 
 C—, ss. (Date.) 
 
 Pursuant to the within writ, I summoned the within named 
 defendant, by reading: the same to him (or by leaving a true 
 and attested copy of the same at his last and usual place, of 
 abode) and also served the same upon (or attached ail the 
 goods, effects and cradits of the said A B, in the hands and 
 possession of) the within named C D, by reading to him the 
 within writ (or by leavying fyc.) D W, I)ep. Sheriff. 
 
 On Replevin Writ. 
 
 C —, ss. (Dale.) 
 
 By virtue of this writ (to me directed) I have replevied the 
 w ithin described goods and chattels (or cattle )to him, the said 
 A B, and having taken bond of the said A B, with sufficient 
 sureties for prosecution of this writ, and return of said goods 
 and chatties (or cattle) if return shall be adjudged. And have 
 summoned the said S T, for his appearance at court, by read¬ 
 ing this writ in his presence (or hearing , or to him) or by leav¬ 
 ing a true and attested copy of this writ, at his dwelling-house 
 or usual place of abode in said —, (or at his last and usual 
 place of abode, fcc.) T B, Coroner. 
 
 Another. 
 
 C —, ss. (Date.) 
 
 By virtue of this precept I have replevied the within mcn- 
 tioeei! goods and chattels, and delivered them to the Plf. 
 having taken his bond and receipt, ns hereunto annexed, ac¬ 
 cording to law. I have also summoned the within named A 
 B to appear, by giving him an attested copy of this writ. 
 
 C B, Coroner. 
 
 Re tep t of the Plaintiff in Replevin. 
 
 Received of -C D, the within mentioned good and chattels. 
 
 E. T. 
 
 Return of an Execution—Property Replevied. 
 
 C —, ss. (Dale.) 
 
 Tills execution was put into my bands by the 
 plaintiff’s attorney, on the — day of &c. and the 
 
 *Jf service be first made on the trustee, let the return be so made ; 
 and if, after such service, before service on the dft., other trustees are 
 inserted in the writ,or remain to be served with the same, let the return 
 for each be made according to the time of service. 
 
262 
 
 RETURNS. 
 
 property on the original writ having been taken 
 from my possession, on the— day of —, by A B, a 
 coroner in said county, by virtue of a writ of re¬ 
 plevin, wherein C D was plaintiff. I, therefore, in 
 pursuance of this precept, on the — day of —, de¬ 
 manded the said property of the said A B and the 
 said C D, who then and there severally refused to 
 redeliver the same to me—and not rinding any other 
 property of the defendants in my precinct to satisfy 
 this execution, (the property attached on the original 
 ivrit having been taken from me as aforesaid) I re¬ 
 turn the same in no part-satisfied. 
 
 D S, Deputy Sheriff. 
 
 Return of Execution when goods are sold. 
 
 C—, ss. (Date.) 
 
 By virtue of this execution, I took the goods in 
 the schedule annexed, mentioned as the property of 
 E F, and having safely kept the said goods, for the 
 space of four days, next after they were so taken, 
 and having advertised them for sale, forty eight 
 hours before the expiration of said four days, by 
 posting up notifications of the time and place of 
 sale in the town of R, where the sale was to be, and 
 the debtor not appearing to redeem them, I sold 
 them this day, at public vendue, to the highest bid¬ 
 der, at the pieces in the annexed schedule set against 
 each article : which sale produced in the whole the 
 sum of —. I therefore return this execution satis¬ 
 fied in full, and having deducted the amount of my 
 fees and the sum due on this execution from the sum 
 produced by the sale, I have returned the surplus, 
 being —• dollars, to the debtor. 
 
 E F, Dep. Sheriff. 
 
 Return of the Levy of an Execution on Equity of 
 
 Redemption .* 
 
 C—, ss. (Date.) 
 
 I levied this execution upon the right in equity, 
 
 *For Officers return when real estate is set off on execution, see page 
 101 , 
 
RETURNS. 
 
 263 
 
 which the within named J W had to redeem a cer¬ 
 tain parcel of land, situate in D, in said county, 
 containing — acres, more or less, bounded 8ec. — 
 being the same premises, which were conveyed in 
 mortgage by the said J W to D G, and on the — 
 day of —, 18 , I made sale of the premises at pub¬ 
 
 lic vendue, to E P, he being the highest bidder 
 therefor, at the sum of — dollars to satisfy this ex¬ 
 ecution in part, (or in full, as the case may he) first 
 having given notice, in writing of the time and 
 place of sale, to the said J W, in person, (or by 
 leaving a written notification thereof at his last and 
 usual place of abode) and having given public no¬ 
 tice of the time and place of sale, by posting up no¬ 
 tifications thereof in two public places in said town 
 of D, and also in one public place in the town of G, 
 and one in F, being two adjoining towns, for more 
 than thirty days before the time of sale ; and I made 
 and delivered to the said E P, a deed conveying all 
 the right of the said J W to redeem, as aforesaid. I 
 therefore return this execution satisfied in full (oi\ 
 I therefore return this execution satisfied in part,) 
 to wit, for the sum of —, and for want of other 
 goods and estate, I return it no further satisfied. 
 
 D S, Dep. Sheriff. 
 
 OFFICER’S FEES. 
 
 Service, r - - - $ 
 
 Travel 18 miles, - 
 Advertising, - 
 Per cent. - - - - 
 
 Drawing Deed, - 
 
 Acknowledging Deed, 
 
 Note. The returns upon all legal precepts are, and necessarily must 
 be, almost as various as the transactions of business; but in general it 
 may be observed, that an officer will he correct in making his return, if 
 (when surea. aful) he follow, as nearly as possible, the words of his pre¬ 
 cept, together with the words of the statute relating to the particular 
 case; and if (when unsuccessful) he follow likewise the words of his 
 precept, in stating his faithful endeavor, and failure, to perform the final 
 commands of the same. 
 
CORRECTIONS AND ADDITIONS. 
 
 Page 26, at the end of “ Deed given by the inhabitants of a town,” 
 dele“ In witness, &c.” and insert after the word “ name,” in the line 
 above, “ this —day of &c.” 
 
 Page 28, line 3d, from the bottom, after the word “ days,” insert the 
 words, “ previous to the day of sale first herein after mentioned, and 
 within thirty days.” 
 
 Page 28, line 6th and 7th from the top, instead of “having duly adver¬ 
 tised the premises according to law”—and page 38, line 8th from the 
 top, instead of “giving due notice,” express in full the manner in which 
 advertisement was made and notice given, as pointed out in the statutes 
 providing for public sales. The facts will show if it was done accord¬ 
 ing to law. 
 
 Page 32, line 6th, after the word “ Gazette,” for “ and,” read “or” ; 
 line 7th from the top, after the word “sale,” name the places where the 
 notifications, “ viz. one in the town of A, (where the real estate lies) and 
 one in each of the adjoining towns of W and S, ( and one in Y, where 
 the intestate last dwelt.)" 
 
 Page 37, in “ lease of land,” line 10th from the end, after the word, 
 “ thereof,” insert the words, “ and inevetable casualties.” 
 
 Page 59, In Mittimus, line 11th from the first, for “ a Recognizance,” 
 read “ bond.” 
 
 Page 82, Declaration No. I. Action according to the same will not 
 lie, by decision of C. J. Parsons, in case of Paul vs. Frazier, in III. 
 Mass. R. p. 71. This declaration was copied from Anthon’s American 
 Precedents, latest edition, where it stands without correction. “Dama¬ 
 ges are recoverable for breach of a promise of marriage,” which must 
 be distinctly alleged, or the action cannot be supported. 
 
 Page 101. In officer’s return, line 16th from the bottom, after the 
 word “ having,” insert the words “ entered upon and viewed and” 
 
 Page 119, line 2d from the bottom,for “obligation,” read “condition.” 
 
 Page 187. line 14lh, after “ Notes of hand,” insert the words, “ for 
 the payment of money, and not, of specific articles.” 
 
 Page 189, line 12th from the bottom, for “ a promise to you" read 
 
 a promise to pay" 
 
 Page 190, line 8th from the top, after the word “bill,” insert the 
 words “ days of grace being allowed.” 
 
 In the Tariff—page 205, article “ sulphuric acid,” for 12 1-2 per 
 cent, read 3 cents per lb. 
 
 Page 208, line 9th from the top, after the words “ Canon, of cast i ron” 
 for “ 1 cent per lb.” read “ 25 per cent.” 
 
 Pages 206, 7th line from bottom ; 209, 16th line from bottom ; 211, 
 20th line from top ; 217,14th line from top ; 218, 19th line from top, 
 aftsr the words “ Bolts, Nails, Rods and Spikes, copper or comoosi- 
 tion,” for “ 4 c. per lb.” read “ 25 per cent.” 
 
 Page 209, line“ Coin of all kinds,” for “ ditto,” in this and the three 
 following lines, read per cent. 
 
 Same page, line “Cornelian Stones,” for “ ditto,” read per cent. 
 
 Page 219, line “Court Plaister,” for 5 read 15. 
 
INDEX. 
 
 GENERAL FORMS, 
 
 A. 
 
 AUCTIONS—see Declarations, 
 
 APPLICATIONS—see Petitions. 
 
 APPRAISER’S return of land set off on execution, 
 ATTORNEY, Letters and warrants of, 
 
 A general letter of, 
 
 A general warrant of, 
 
 Letter of, to receive rent, 
 
 to let or sell lands, 
 irrevocable, to receive money 
 due on bond, 
 
 from a sailor to his wife to re¬ 
 ceive his wages and all oth- 
 debts, 
 
 revocation of 
 
 Warrant of, to appear for a Plaintiff and 
 prosecute his suit, 
 to defend a suit, 
 from the Plaintiff to the sher¬ 
 iff and gaoler to discharge 
 the defendant, 
 
 Powers of—see Mercantile. 
 APPRENTICE—see Indentures, 
 
 ARBITRATIONS and Awards—see Awards, 
 ARTICLES of Agreement, 
 
 General form, 
 
 For the sale of an estate, with 
 a penal clause for perform¬ 
 ance of covenants, 
 
 For the building or rebuild¬ 
 ing of mills, 
 
 For building a house, 
 
 For a copy-right, 
 
 ASSIGNMENTS, 
 
 ASSIGNMENT of a Bond by endorsement, 
 
 of a Lease, 
 
 of a Lease by endorsement 
 of a Mortgage 
 
 of a man’s whole estate in consideration 
 of several debts and engagements, 
 AWARDS and Arbitrations, 
 
 AWARD, form of 
 
 101 
 
 47 
 
 ib. 
 
 49 
 ib. 
 ib. 
 
 50 
 
 51 
 ib. 
 
 52 
 
 ib. 
 
 if). 
 
 5 
 
 6 
 
 8 
 
 9 
 
 10 
 
 12 
 
 ib. 
 
 IS 
 
 J4 
 
 ib. 
 
 1G 
 
 ib. 
 
 18 
 
INDEX* 
 
 B. 
 
 BASTARDY, examination for 
 Warrant for 
 Mittimus, 
 
 BAIL—see Bonds. 
 
 BILLS of Sale, 
 
 BONDS, and conditions thereof, 
 
 BOND, with a condition from one to one, 
 with a condition from two to one, 
 
 Bail 
 
 condition of an Arbitration Bond, 
 
 Condition of a Bund to be given by one who 
 commences an action of Replevin 
 condition of a Bond of indemnity, on a Sheriffs 
 «■ granting a Replevin, 
 
 continuation of, by endorsement—see Appendix. 
 Collector’s—see Appendix.* 
 
 Constable’s—see Appendix. 
 
 57 
 
 58 
 
 59 
 
 18 
 
 ib. 
 
 19 
 ib. 
 
 20 
 21 
 
 ib. 
 
 22 
 
 c. 
 
 COMPLAINTS, r x ? t 3 
 
 COMPLAINT to a Justice of the Peace (general form,) ib 
 for assault and battery, 
 for goods stolen, 
 
 to a" Justice of the Peace when grantor 
 or lessor refuses to acknowledge a 
 deed or lease, 
 
 CONVEYANCES —see Deeds, Lease, Release and 
 
 Wills, 
 
 CORONERS, duty of-^-see Appendix. 
 
 COVENANTS, 
 
 D. 
 
 54 
 
 55 
 
 61 
 
 22 
 
 25 
 
 DECLARATIONS, . . 
 
 DECLARATION of writings being deposited m trust, 
 
 that Bank stock was transferred in 
 trust, &.C. 
 
 DECLARATIONS, beginnings of, in Writs, 
 
 Demurrer to, 
 
 DEEDS, 
 
 DEED, Warrantee 
 Quitclaim 
 Mortgage 
 
 bv the Inhabitants of a town, 
 by husband and wife of the wife’s real estate, 
 by a Sheriff, of an equity of redemption, sold at 
 " Public Auction, 
 
 Another, with an adjournment, 
 by an administrator, 
 
 Another, with a recital, 
 
 46 
 
 ib. 
 
 ib. 
 
 70 
 
 99 
 
 23 
 
 24 
 
 25 
 ib. 
 ib. 
 
 26 
 
 27 
 
 28 
 
 30 
 
 ib 
 
INDEX. 
 
 - - . I 
 
 DEED, by an administrator de bonis non, with the will 
 
 annexed, 31 
 
 Another, of land which his intestate had bound 
 himself by deed to convey, 33 
 
 by executors under an authority in a will, ib. 
 by guardian of minors, 34 
 
 of confirmation, 35 
 
 of gift of land, ib. 
 
 of gift of personal estate, 3S 
 
 of surrender to a person having the Reversion in 
 fee, 44 
 
 of surrender for a term of years, 45 
 
 Collector’s—see Appendix. 
 
 E. 
 
 EQUITY of Redemption, release of, to an estate mort¬ 
 gaged, 41 
 
 ERRORS, release of 43 
 
 EXECUTIONS, levy of, on real estate, 100 
 
 G. 
 
 GUARDIAN, minor bound by—see Indentures. 
 
 H. 
 
 HIGHWAY, report of a committee appointed by the 
 
 Court of Sessions to lay out 63 
 
 application to the Court of Sess'ons by a 
 person who considers himself aggrieved 
 by a continuance of 65 
 
 I. 
 
 INDENTURES, 105 
 
 INDENTURE to bind out a minor upwards of fourteen 
 
 years of age, 106 
 
 by overseers of the Poor to bind out a 
 poor child, 108 
 
 to bind out a person Upwards of twenty-one 
 years, agreeably to the laws of Maine, ib. 
 to bind as a servant, a minor under the 
 age of fourteen yea-rs, 100 
 
 when such minor is bound by guardian, 
 as a servant, 110 
 
 to bind minor, having no parent or guar¬ 
 dian, with the approbation of selectmen, ib, 
 to bind as a servant a minor of fourteen 
 years of age or upwards, 111 
 
 to bind as an apprentice a minor under 
 the age of fourteen years, ibi 
 
 when such minor is bound by guardian as 
 an apprentice, 11# 
 
 21 * 
 
INDEX, 
 
 INDENTURE to bind a minor having no parent or guar¬ 
 dian, by himself with the approbation 
 of Selectmen, 112 
 
 to bind as an apprentice a minor of four¬ 
 teen years ol age and upwards, 1st by 
 parent, 2d by guardian, 3d by selectmen, 11S 
 
 J* 
 
 JUSTICE of the PEACE, Deed acknowledged before, SJ4 
 
 complaints to—see Complaints, 
 
 L. 
 
 LETTERS and warrants of Attorney—see Attorney. 
 LEASES, 36 
 
 LEASE of land, 87 
 
 of land to a man and his wife during their 
 natural lives, ib. 
 
 of a house and land in the country, with ex¬ 
 ceptions and special covenants, 33 
 
 of a house, S9 
 
 M. 
 
 MITTIMUS, general form of 57 
 
 in case of Bastardy, 5J 
 
 N. 
 
 NATURALIZATION—see Appendix. 
 
 NOTICE to adverse party of the taking of a deposition, 
 see Appendix. 
 
 NOTIFICATION, on application for a proprietor’s 
 
 meeting, 68 
 
 F. 
 
 PETITION to obtain a patent, 60 
 
 address of, to the Governor, ib. 
 
 to the Legislature, ib. 
 
 to the Supreme Court, ib. 
 
 report of committee appointed to make 
 partition according to prayer of 61 
 
 PETITION or application to a Justice, when grantor 
 or lessor refuses to acknowledge a deed 
 or lease, ib. 
 
 to the Court of Sessions of a person w ho 
 considers himself injured by ihe laying 
 out, &c. of any town or private way, 6® 
 
 to the Com t of Sessions, to cause a private 
 way to be laid out, when the Selectmen 
 refuse to lay out the same, 63 
 
 to the Court of Sessions, by a person ag¬ 
 grieved, when a town refuses to approve 
 of a private way laid out by the Selects 
 men, 64 
 
INDEX. 
 
 PETITION to the Court of Sessions, by a person who 
 considers himself aggrieved by the con¬ 
 tinuance of a private way, 65 
 
 to the Court of Sessions by a person who 
 thinks himself over-rated, 66 
 
 of a person disabled in the land or sea ser¬ 
 vice of the U. States, for a pension, ib, 
 
 to a Justice of the Peace for a proprietor’s 
 meeting, 67 
 
 to a Justice of the Peace in behalf of a 
 ^ poor debtor, 102 
 
 PLEADING, 90 
 
 PLEA, to the jurisdiction of the Court, No. 1, ib. 
 
 to the Plf. Infancy, No. 2. Misnomer of per¬ 
 son, No. 3, * 91 
 
 Misnomer of degree, No. 4. 92 
 
 to the Dft. Infancy, No. 6, ib. 
 
 to the court. Wrong actiou, No. 8. No cause of 
 action, No. 9, 93 
 
 to the writ. Variance, No. 10, 94 
 
 Account, in bar. Never Bailiff, No. 11. Non 
 Assumpsit by Executor, No. 12, 1st, 2d, 3d, ib. 
 
 in trover, No. 14, 97 
 
 Non Assumpsit, No. 15. In debt, No. 16. Re¬ 
 plevin, No. 17, 98 
 
 on statute, not guilty, No. 18. Trespass, No. 19, 99 
 
 Demurrer to 100 
 
 POOR DEBTORS, 102 
 
 Application to a Justice in behalf of, ib. 
 Citation to the creditor respecting, 103 
 Oath of 104 
 
 R. 
 
 RECOGNIZANCES, 55 
 
 of parties, ib. 
 
 RELEASES, 41 
 
 RELEASE, general ib. 
 
 of equiiy of redemption to an estate mort¬ 
 gaged, ib. 
 
 of Dower, 43 
 
 of Errors, ib. 
 
 s. 
 
 SUBPCENA for a witness—see Appendix. 
 
 SURRENDER, by Deed, 44 
 
 Deed of, to a person having the rever¬ 
 sion in tee, ib. 
 
 for a term of years, 45 
 
 SUMMONS to a witness to make deposition—$ce Ap¬ 
 pendix. 
 
INDEX. 
 
 
 T. 
 
 
 TRUSTEE Process, 
 
 W. 
 
 89 
 
 WRITS, fee. 
 
 
 68 
 
 WRIT of Attachment, 
 
 - 
 
 ib. 
 
 Beginnings of Declarations, 
 
 70 
 
 Declarations in- 
 
 —Indebitatus assumpsit, 
 
 71 
 
 PROBATE. 
 
 A. 
 
 ACCOUNTS, 1S1 
 
 ACCOUNT, first, of an administrator, ib. 
 
 when the personal estate is not sufficient to 
 pay the debts, and real estate has been 
 sold for that purpose, ib. 
 
 when the estate is insolvent, 132 
 
 of sale of personal estate, by order of the 
 Judge, 129 
 
 ADMINISTRATIONS, fee. 125 
 
 ADMINISTRATORS, summary of the duties of 148 
 
 ADVERTISEMENT for the sale of real estate, 139 
 
 ' of Commissioners, 133 
 
 APPLICATION of a widow who waives the provision 
 
 made for her by will, 120 
 
 for D' dimus Potestateni, to take de¬ 
 position of witnesses to a will, living 
 without the State, or more than 
 thirty miles distant, 122 
 
 for license to sell the widow's dower, 138 
 Another, after sale of the real estate, ib. 
 APPEAL, claim of an 140 
 
 reasons of" 141 
 
 BOND, Administrator’s 126 
 
 Executor’s 118 
 
 condition of an executor’s Bond to pay debts 
 and legacies, 120 
 
 condition of a Bond by an administrator, when 
 he seiK more than sufficient to pay debts, 139 
 
 on Appeal, 141 
 
 Guardian’s 144 
 
 Guardian’s, on sale of a minor’s land, 145 
 
 of guardianship lot anon compos, or intempe¬ 
 rate person, 146 
 
INDEX. 
 
 c. 
 
 CODICIL, or addition to a will, 117 
 
 COMMISSIONERS Return on partition of lands, 123 
 
 Return on allowance of claims, 134 
 COMPLAINT against one who refuses to pay his pro¬ 
 portion of the charges of division, 124 
 against one who is suspected of conceal¬ 
 ing the goods of a person deecased, or 
 of any lunatic, &c. ISO 
 
 to the Judge against one who has been 
 entrusted with part of the deceased’s 
 estate, and refuses to render account, 130 
 of the Selectmen against an intempe¬ 
 rate person, 144 
 
 E. 
 
 EXECUTORS, summary of the duties of 147 
 
 EXECUTORSHIP, relinquishment of 127 
 
 G. 
 
 GUARDIANS of Minors, fee. 142 
 
 summary of the duties of 150 
 
 of idiots, lunatics, non compos and dis¬ 
 tracted persons, duties of ib. 
 
 GUARDIAN, choice of, by a Minor above fourteen 
 
 years, before the Judge, 142 
 
 Another, before a Justice of the Peace, 143 
 
 I. 
 
 INVENTORY, 128 
 
 N. 
 
 NON COMPOS, representation respecting a 143 
 
 Selectmens return to order on the same, ib* 
 NOTICE of a creditor whose claim is rejected, 134 
 
 ol dissatisfaction with a claim, by an executor 
 or administrator, 135 
 
 the same notice to a creditor, ib 
 
 o. 
 
 OATH required of a creditor, 133 
 
 P. 
 
 PETITION for filing an d recording copy of a w'dl pro¬ 
 ved without the State, 121 
 
 fen division, 122 
 
 Acoihpi by Devisee, 123 
 
 Administrators or Executors, for license to 
 sell personal estate 13G 
 
 widow’s for dlowanoe of personal estate, ib. 
 for license to sell Lauds, 137 
 
INDEX. 
 
 PETITION for license to sell the whole of the real es¬ 
 tate, when by a partial sale the remainder 
 would be injured, it*, 
 
 for license to sell the real estate of a minor, 
 
 (or non compos,) 139 
 
 R. 
 
 REFEREES, report of 1S5 
 
 RELINQUISHMENT of Executorship, 120 
 
 of l ight to administer, and re¬ 
 quest that another person 
 may be appointed, 126 
 
 REPRESENTING an estate insolvent, 182 
 
 REPORT of Referees, 185 
 
 RETURN of a Committee appointed to set off the 
 
 widow’s dower, 128 
 
 w. 
 
 WILLS and Testaments, he. 114 
 
 WILL, form of 116 
 
 Nuncupative 125 
 
 MERCANTILE. 
 
 A 
 
 ABANDONMENT, 196 
 
 ABANDONMENT, notice of ib. 
 
 of vessel and cargo, ib. 
 
 AFFIDAVITS, 203 
 
 AFFIDAVIT of the due execution of a Procuration or 
 Letter of Attorney, made before a Jus¬ 
 tice of the Peace, ib. 
 
 of the truth of a Protest, ib. 
 
 of conies of papers, ib. 
 
 AFFREIGHTMENT, Charter party of 179 
 
 AGREEMENTS, 171 
 
 AGREEMENT, articles of, between a merchant and 
 
 his apprentice, ib. 
 
 of copartnership for carrying 
 on a joint trade, ib. 
 
 to continue a partnership by endorsement 174 
 for separation of copartnership, ib. 
 
 memorandum of, with creditors, 181 
 
 to hold parts in a cargo, 182 
 
 to hold parts of a ship to be built, 183 
 
 to hold parts of a ship when bought, ib. 
 
 respecting a ship own«d in copartnership 184 
 ASSIGNMENTS, 158 
 
 ■ 
 
index;. 
 
 ASSIGNMENT of Stock, and power to transfer, it>„ 
 
 (Hypothecation) of Stock to a bank on 
 obtaining a discount, as collateral 
 security of its payment, 159 
 
 of effects in trust to pay creditors, 160 
 
 of a debt as security, with power of at¬ 
 torney, 161 
 
 of a bill of sale of part of a ship, by 
 endorsement, 162 
 
 Charter party of, 177 
 
 B 
 
 BILLS OF SALE, 163 
 
 BILL of Sale of goods as collateral security,with a recital, ib. 
 
 of goods, 164 
 
 BILLS of Sale of Ships, 165 
 
 BILL of Sale of a registered vessel, ib. 
 
 of a vessel employed in the coasting trade, 166 
 of Credit, 196 
 
 BILLS OF EXCHANGE, 188 
 
 BONDS, 166 
 
 BOND of indemnity to the U. States, to obtain the re¬ 
 newal of a Certificate of Stock, lost or de¬ 
 stroyed, ib* 
 
 to deliver up a Note lost when found, and indem¬ 
 nify in the mean time upon pay mem of it, 167 
 Bottomry, 168 
 
 Respondentia , 169 
 
 BOTTOMRY and Respondentia, 168 
 
 c 
 
 CERTIFICATES—see Notarial Certificates. 
 CERTIFICATE of Merchants to the signature of a 
 
 Notary, 206 
 
 CHARTER PARTY of Affreightment, 17f 
 
 of Assignment, 17' 
 
 COPARTNERSHIP, Articles of Agreement, > See Agree 
 
 Separation of, $ nients. 
 
 CREDITORS, memorandum of meeting of, 18 
 
 L 
 
 LETTER of Credit, form of, 19; 
 
 of License, 18t 
 
 LIVERY and Seizen, form of endorsing, 161 
 
 M 
 
 MEMORANDUM of meeting of Creditors, 181 
 
 MERCANTILE Precedents, 151 
 
 Ni 
 
 NOTARIAL Certificates, 198 
 
 NOTES, Confession, 186 
 
INDEX. 
 
 > form of ib. 
 
 Promissory, 187 
 
 form of ib. 
 
 P. 
 
 POWERS of Attorney, 151 
 
 POWER of Attorney to receive interest, ib. 
 
 to sell and transfer stock, ib. 
 
 to transfer stock ai.d receive divi¬ 
 dends, 152 
 
 form ot Proxv to vote for Direc- 
 tors of the Bank of the U. S. 
 as required bv act of Congress, ib. 
 
 to receive and enter goods at the 
 Custom house, 153 
 
 to enter goods at the Custom 
 house, by a particular vessel, 154 
 to sell the mateiials and cargo of 
 a ship that was stranded, 155 
 
 to authorize a person to transact 
 and manage commercial con¬ 
 cerns, ib. 
 
 from the Diiectors of an Insu¬ 
 rance Company to sign Poli¬ 
 cies of Insurance, &c. 156 
 
 to receive debts, &cc. 157 
 
 to sell real estate and transact 
 business in general, ib. 
 
 ' to receive a Legacy, 158 
 
 PROTESTS, 200 
 
 PROTEST against the seas, ib. 
 
 entry of £02 
 
 s. 
 
 STOCKS of the United States, 19S 
 
 the different kinds of 194 
 
 SURVEYS, 185 
 
 SURVEY of a ship and furniture, ib. 
 
 of goods, ib. 
 
 of goods, pursuant to a warrant for that pur¬ 
 pose, 186 
 
 T. 
 
 TARIFF of Duties on Importations by American ves¬ 
 sels, into the United States, 205 
 
 on the same by foreign vessels — see observa¬ 
 tions at the end of the Tariff. £22 
 
 y. 
 
 VALUATION for an adjustment of average loss, 188 
 

 
 
 
 
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