TCPV 
 
 Cornell University Law Library 
 
 The Moak Collection 
 
 PURCHASED FOR 
 
 The School of Law of Cornell University 
 
 And Presented February 14, 1893 
 
 IN HEnORY OF 
 JUDGE DOUGLASS BOARDMAN 
 
 FIRST DEAN OF THE aCHOOL 
 
 By his Wife and Daughter j; 
 
 A. M. BOARDMAN and ELLEN D. WILLIAMS 
 
KFV2468^S22" ""'"""^ "*"'" 
 
 ''"'iiMfliiiMBirirmiiSj ** guWance of conv 
 
 3 1924 024 710 984 
 
 (SnrnpU Blaui ^rlynnl Slibtary 
 
Cornell University 
 Library 
 
 The original of tliis book is in 
 tlie Cornell University Library. 
 
 There are no known copyright restrictions in 
 the United States on the use of the text. 
 
 http://www.archive.org/details/cu31924024710984 
 
PRACTICAL FORMS 
 
 FOE THE GUIDANCE 
 
 CONVEYANCEES, NOTARIES PTJJ3LIC, JUSTICES OF THE PEACE, OOM- 
 MISSIONBRS IN CHANCERY, AND BUSINESS MEN; 
 
 ALEXANDER H. SANDS, 
 
 Of Riohmond. 
 
 RICHMOND, VA. 
 
 PUBLISHED BY WOODHOUSE & PARHAM. 
 
 1867. 
 
Entered according to^he Act of Congi-ess in the year 1867, 
 
 BY ALEXANDER H. SANDS, 
 
 In thn Clerk's Office of the District Court of the United States for the District of Virginia, 
 
 Oaiy & Olemmitt, Prl&ten. 
 
PREFACE. 
 
 The legal profession and business men generally are now 
 without a Form Book in Virginia for their guidance in 
 ordinary business transactions. To supply this want, the 
 present volume has been prepared. 
 
 Commissioners in Chancery will find, under the titles 
 " Dower," " Executors, Administrators, &c.," the forms of 
 accounts of these fiduciaries, of Trustees and of G-uardians, 
 and the method of calculating Annuities and Dower in- 
 terests. 
 
 If the present series of forms meet with the favor of the 
 public, the writer proposes to follow them by forms in 
 Common Law actions, and in Criminal proceedings in the 
 Courts of yirginia. 
 
 ALEXANDEE H. SANDS. 
 
 Richmond, February 7th, 1867. 
 
PRACTICAL FORMS. 
 
 I. 
 
 ABANDONMEJfT. 
 
 In Maritime Insurance, when a voyage is entirely defeated or 
 rendered not -worth pursuing by the operation of any of .the 
 perils insured against, the party insured may abandon all his in- 
 terest in the subject insured and call upon the insurer for payment 
 as in case of total loss. This places the insurer in the place of the' 
 insured, and by operation of law transfers the property to the 
 former, together with all the profit and loss that may be incident 
 to it. Graydon's Ihrms, 19. No especial form of abandonment is 
 prescribed by law or usage, but the word aidndon should be used. 
 2 Pars. Mar. Law, 396. 
 
 Notice of abandonment} 
 
 . To : Gentlemen : — ^^Having received a letter from Captain 
 
 McKnight (the master), informing me that the ship Commerce was 
 lost,' I abandon the proportion of the cargo that your office was in- 
 terested in. EespeetfuUy, &c. A B. 
 
 'In Ckluwhian Ins. Go. v. Catktt, 12 Wheat. 386, this notice- 
 was held sufficient, 1st, as a notice of the intention to abandon, 
 and 2dly, as an actual abandonment. 
 
 Another notice of abandonment.^ 
 
 To : — Take notice, that I, A B, of etc., do hereby 
 
 abandon, cede and leave to you all my right, title, interest, claim, 
 property and demand of and in the ship called the of , 
 
 'Dixon's Mar. Law, 292. 
 
2 PRACTICAL F0EM6. 
 
 of the burden of tons, or thereabouts, and all and every part 
 
 of her cargo and the goods laden on board of her by me the said 
 A B, and do demand of you a total loss, of the sum of dollars, 
 lawful money of the United States, by you underwrote on goods 
 and merchandises lad^n on board the said ship by me the said 
 •A B. Value in goods. A B. 
 
 II. 
 
 AFFIDAVIT. 
 
 Affidavit in ordinary cases. 
 
 County of H (or City of E), to wit . 
 
 This day personally appeared before me, the undersigned, 
 a justice of the peac^ for the county (or city) aforesaid, James 
 Alfred, and made oath that [here state the matter designed to be 
 sworn to] is true, to the best of his knowledge and belief. Given 
 under my hand on this day of , A. D. 18 . 
 
 'Maybe made before a notary public, and when made before a 
 notary, insert " a notary public" in lieu of words italicised. 
 
 Affidavit of service of notice when party on whom the notice is to be 
 served cannot be found. Code Va., ch. 167, sec. 1. 
 
 County of H- (or City of K), to wit : 
 
 This day personally appeared before me, the undersigned, 
 a justice of the peaoe^ for the county (or city) aforesai(i, James 
 Alfred, and made oath that he went on the day of , 
 
 to the usual place of abode of George S, named in the within 
 notice, and not finding* him at his usual place of abode, but find- 
 ing his wife there, afiiant delivered a copy of the within notice to 
 Sarah, the wife of the said George S, and gave information to her 
 of the purport of said notice. Given under my hand on this 
 • day of , A. D. 18 . 
 
 ?See note tg ijext preceding form. -^ 
 
AFFIDAVIT. 
 
 NOTES. 
 
 When the service is on a person other than the wife : — Follow tte 
 preceding form to the (*), then say : the said George S, nor his 
 wife at the usual place of abode of the said George S ; but finding 
 there Jared Ammons, a white person over the age of sixteen years, 
 and a member of the family of the said George S, affiant delivered 
 to the said Jared Ammons a copy of the within notice, and gave 
 information of its purport to the said Jared Ammons. Given 
 under my hand on this day of 18 . 
 
 When the service of the notice is made hy "posting a copy at the 
 front door : — Follow form to the (*), then say : the said George S, 
 nor his wife, nor any white person over sixteen years of age, a 
 member of his family, at the usual place of abode of said George 
 S, affiant posted a copy of the within notice at the front door of 
 the said place of abode. Given under my hand on this day 
 
 of 18 . 
 
 General forrn of affidavit to a petition, dc. 
 
 County of , to wit : — This day personally appeared before 
 
 me the undersigned [here insert the name and style of the office], 
 A A, named in the above petition (or, bill, or according to the 
 fact), and made oath that he believes the statements therein con- 
 tained are true. Given under my hand on this day of 
 18 . E J (style of office). 
 
 Affidavit to an account against the estate of a deceased person. 
 
 County of ■ , to wit :• — ^This day personally appeared before 
 
 me the undersigned [here insert the name and style of officer], 
 A A, and made oath that the foregoing account is just and true, 
 that the sum of , as above, is justly due and owing to him 
 
 from the estate of the said , and that he hath never received 
 
 the same, nor any part thereof. Given under my hand on this 
 day of 18 . R J (sti/le of office). 
 
 Affidavit of materiality of witnesses, on which to base an application 
 for a eortiinuance of a pendi/ng cause. 
 
 County of , to wit : — Thi-s day personally appeared before 
 
 me the uadei'sigiied [here insert the name and style of officer], 
 
4 PKACTICAL FOEMS. 
 
 A A, a party defendant (or plaintiff) to an action pending in the 
 court of , in whicli E J and M L are plaintiffs (or 
 
 defendants), and made oath that James E, John C and Alexander 
 E are material witnesses in his behalf, on the trial of eaid action, 
 and that he cannot safely'go to the trial of the said action in the 
 absence of the said witnesses, or of either of them. Given under 
 my hand on this day of 18 . 
 
 E J {style of office). 
 
 Affidavit of appraisers of estate of decedent. 
 
 County of , to wit : — This day personally appeared before 
 
 me the undersigned [here insert the name and style of officerji 
 James E, Benjamin B and Samuel T, three of the appraisers ap- 
 pointed by the court of to appraise the estate of the 
 late D M, and made oath that they would truly and justly, and 
 to the best of their judgment, view and appraise the goods and 
 chattels of the said JD M, which shall be produced or shown to 
 them for appraisement \if personal representative authorized to sell, 
 or receive the rents and profits of the real estate, add : and also the 
 real estate of the said D M which lies in said county]. Given 
 under my hand this day of 18 . 
 
 E J (style of office). 
 
 Affidavit of general partner in a limited partnership. 
 
 See form annexed to certificate of limited partnership, under 
 - title Paetneeships. 
 
 Affidavit to require hail. 
 
 State of Virginia, County, to wit : 
 
 This day personally appeared before me the undersigned 
 [here state name and style of officer], A B, plaintiff in a certain 
 afction of (or suit in equity), instituted by him against one 
 
 ' D, defendant, which action (or suit) is now pending in the 
 court of said county, and made oath that he the said A B 
 has just cause of action against the said C D, for which he has 
 instituted said action (or suit in equity) against the said C D, and 
 further made oath that he the said A B has probable cause for be- 
 lieving, and that he does believe, that the said C D, defendant, is 
 
AGBEEMENTS. 6 . 
 
 about to quit this State, unless he the said D be forthwith appre- 
 hended. Given under niy hand and seal this day of 18 . 
 
 E E {style of office). [Seal.] 
 
 B®" The foregoing is the form usually employed ; the following 
 is preferred by the author : 
 
 State of Virginia, County, to wit : 
 
 This day personally appeared before me the undersigned 
 [here state' name and style of officer], A B, plaintiff in a certain 
 action of , instituted by him against one D, defendant, 
 
 which action or suit is now pending in the court of 
 
 county ; that the said defendant owed and still owes to him the 
 said affiant, the sum! of $ , hy open account (or myte or single 
 
 bill, as the case may be), for which he hath instituted said action, 
 and that he hath just, claim against the said defendant for the said 
 sum of money, with interest thereon at the rate of six per centum 
 per annum from the day of , to recover which, said ac- 
 
 tion has been instituted against the said C D ; and affiant further 
 made oath that the said defendant has [if any facts be known to 
 affiant showing an intention to quit the state, here recite them], 
 and that he the said affiant has probable cause for believing, and 
 that he does believe, that the said D, defendant, is about to quit 
 this State, unless he the said C D be forthwith apprehended. Given 
 under my hand and seal this day of 18 . 
 
 [Sea,l.] 
 
 If an action of detinue, or of trover, the affidavit should be 
 modified according to the nature of the case. 
 See post., title Action at Law. • 
 
 III. 
 
 AGREEMENTS. 
 
 Agreement for the sale of goods at a price to he ascertained by 
 " appraisement. 
 
 Articles of agreement made and entered into on this day of 
 , in the year 18 , between T S of the one part, and Arthur B of 
 
.6 PRACTICAL FORMS. 
 
 the other part, witness, that the said T S hath agreed, and doth here- 
 by agree, to sell to the said Arthur B the following articles, viz : 
 [here name, them], the price therefor to be ascertained and deter- 
 mined by appraisement, as hereinafter mentioned. These articles 
 farther witness that the said articles shall, at the equal and joint 
 charge of said S and B, be appraised by Robert and James A, 
 on or before the day of , and the amount of their ap- 
 
 praisement is to be the price to be paid for the said articles, and 
 when and as soon as said appraisement is made and the said 
 price paid for the said articles, the said T S covenants to make an 
 absolute bill of sale for the said articles to the said Arthur B, and 
 to deliver full possession thereof to said B. Until such appraise- 
 ment is made, the said articles are to remain at the risk and costs 
 of the said ? In witness whereof, the parties hereto have 
 
 hereunto set their hands and seals, on the day and year first above 
 written. T S. [Seal.] 
 
 ARTHUR B. [Seal.] 
 
 ' Either of the buyer or of the seller, as the parties may agree. 
 It had better be stated, so that the party who is liable may know" 
 definitely his liability, and may, if he choose, insure himself against 
 
 loss. 
 
 Contract in writing for the sale of real property ; land, dc. 
 
 Articles of agreement, made and entered into on this day of 
 , in the year 18 , between John Vendor of the one part, 
 and Robert P of the other part, witness, that the said John Vendor 
 agrees to and with the said Robert P, that he the said John Vendor 
 will sell the said Robert P all that [here describe the property], 
 with the appurtenances, at the price of dollars : the said John 
 Vendor agrees to execute, at his own proper costs and charges, a 
 deed to said P, containing the covenant of general warranty and 
 the usual covenants of title. And the said Robert P covenants 
 that on the execution of the conveyance aforesaid, he will pay to 
 said John Vendor the purchase money aforesaid. The taxes for 
 the year to be paid by the said Vendor ; the rents and profits 
 of the premises from the day of to be received by the 
 
 said P : and if the said conveyance shall not be executed and the 
 purchase money paid on or before the day of , the said 
 
 Robert P is to pay interest on said purchase money from that day 
 unto the said John Vendor. In witness whereof, the said parties 
 
AGREEMENTS. 7 
 
 have hereto set their hands and seals on the day and y^ar iirst 
 
 above written as the date hereof. 
 
 JOHN VENDOE. [Seal.] 
 R. P. [Seal.] 
 
 Agreement for building a house. 
 
 Articles of agreement, made and entered into this day of 
 
 , in the year 18 , between Henry of the one part, and 
 Benjamin B of the other part, witness, that the said Benjamin B, 
 for the consideration hereinafter mentioned, doth for himself, his 
 executors and administrators, covenant, promise and agree to and 
 with the said Henry 0, his executors, administrators' and assigns, 
 that he the said Benjamin B shall and will, on or before the 
 day of . I in good and workmanlike manner, and according to 
 the best of his art and skill,'Vell and substantially erect', build and 
 complete in the city of , on street, a dwelling-house of the 
 size and materials set forth and specified in the paper marked 
 "A," hereunto annexed, the materials for building the said house 
 to be furnished by the said ;^ and the said Henry 0,in con- 
 
 sideration of said covenant by the said Benjamin B, doth for him- 
 self, his executors and administrators, covenant and promise to and 
 with the said Henry 0, his executors, administrators and assigns, 
 to pay to the said Benjamin B the sum of dollars as follows, to 
 wit : [here state the time or times at which the money is to be 
 paid.] In witness whereof, the said parties to these presents have 
 hereunto set their hands and seals on the day and year first above 
 written as the date hereof. HENRY 0. [Seal.] 
 
 BENJAMIN B-. [Seal.] 
 
 'According to the contract, either by the owner or by the 
 builder. Bometimes, the owner furnishes a part, and the builder 
 the balance. 
 
 Paper " A," referred to in annexed contrast. 
 
 The house is to be built of brick, three stories high — on the first 
 floor four rooms ; the front room on the first floor to be neatly 
 finished, and to have a marble mantel-piece, &c. <S;c. (according to 
 the agreement of the parties). 
 On the second floor,, &c. 
 
 On the third floor, &c. (Signed) H. 0. 
 
 B. B. 
 
8 PKACTICAL FOKMS. 
 
 Agreements for the purchase of growing timber. 
 
 Articles of agreement, made and entered into this day of 
 
 , in the year , between A B of and C D of 
 
 , -witness, that the said A B, in consideration of the 
 sum of , to be paid him by the said D, on the day 
 
 of , in the year , and of the agreements and covenants 
 
 hereinafter mentioned, and which the said C D, his executors, &c., 
 are to observe and perform, doth hereby grant, bargain and sell 
 unto the said G D, his executors, &c.i all and singular the timber- 
 trees, and other trees hereinafter mentioned, that is to say: [here 
 describe the trees and their situation], together with full liberty 
 and authority for the said D, his servants and workmen, or his 
 agents,, to fell the said trees at all reasonable and convenient times, 
 and to place and lay the bark of the oak trees in convenient 
 parts of the premises to dry; And the said trees and wood, 
 with the bark of the oak, and boughs, lops and tops of the 
 whole of the said trees, to draw, remove and carry off, and take 
 away in shares, in and by the most usual and convenieiit ways and 
 parcels, at any time on or before the day of next ; And 
 
 also free liberty and authority to and for the said D, his execu- 
 tors, &c., and his and their servants, agents and workmen, and 
 other person Qr persona, to whom he or they shall sell and retail 
 the said timber and wood, or any part thereof, to dig saw-pits, and 
 break up and saw the said timber, in proper and convenient parts 
 of the said premises, in and upon which the said timber and wood 
 stands and grows, at any time before the said day of 
 
 next, without paying or making any satisfaction to the said A B, 
 his heirs or assigns, or under-tenants. 
 
 And the said D, in consideration of the premises, and the bar- 
 gain and sale of the said trees and bark, made to him as aforesaid, 
 doth for himself, his heirs, &c., covenant and agree to and with 
 the said A B, his executors, &c., by these presents, that he the said 
 C D, his heirs, &o., shall and will pay to the said A B, his execu- 
 tors, &c., the sum of , as aforesaid ; And also that he the 
 said D, his executors, &o., shall and will fell, hew and cut down 
 the said trees, and remove and take away the same, with the 
 boughs, &c. thereof, within the time before limited and agreed 
 upon for that purpose, and according to the true intent and meaning 
 
AGREEMENTS.. -9 
 
 of these presents. And also shall and will, within mon.tKs next 
 after the said day of next, at his and their own costs and 
 
 charges, fill np all such saw-pits as shall for the purposes aforesaid r 
 have bee;i made By him or his servants, on any of the said lands ; 
 and also fence, amend and repair all the hedges and, fences in and 
 about the said lands, in all such places as shall he broken, or other- 
 wise damaged or destroyed, in felling, hewing, or carrying away 
 the said timber, on being allowed wood for that purpose, by the 
 said A B. 
 
 In witness whereof, the said parties to these presents have hereto , 
 set their hands and affixed their seals the day and year first above 
 
 ■ivritten. -, . , ^- — -[Seal.]', 
 
 — [Seal.] 
 
 Agreement to submit a dispute between the parties to arbitration. 
 
 Articles of agreement, made and entered into this day of 
 
 , in the year , between N M of of the one part, 
 
 and T R of of the other part : Witness, that whereas -Jhej'e 
 
 are sundry questions and disputes between the said parties hereto, . 
 in reference to [here describe the subject matter of difference].. 
 Now, therefore, for the finally ending all such questions and dis- 
 .putes between the said parties, and for preventing all other, dis- 
 putes and differences concerning the same, and the charges of suits^ 
 which may or might otherwise arise or happen to be occasioned' 
 thereby, it is agreed, by and between each cf the said parties to 
 these presents, that the rights, titles, claims and demands or- pre- 
 tences of the said parties in relation to the matters in difi'erence 
 between them, shall be and are hereby referred, and submitted to 
 the final award and determination of - of , so that 
 
 they may make their award or determination of and concerning 
 the premises, in writing, under their hands and seals, ready to be 
 delivered to the said parties requiring the same, on or before the 
 day of next ensuing the date of these presents. And 
 
 it is further agreed by and between the said parties to these pre- 
 sents, that they and each of them, if required, within the time before 
 limited for that purpose aforesaid, shall and ^yill produce, or cause 
 to be produced, all such documents and Writings relating to or 
 Concerning the said premises, or any part thereof, which are in the 
 custody or power of the said parties, or either of them, as they 
 
 2 
 
10 PRACTICAL FORMS. 
 
 the said ■ shall think or find proper or necessary to be, in- 
 
 spected and perused by them for their better information in and 
 knowledge of the premises : and it is further agreed by and be- 
 tween the said parties to these presents, that in case the said , 
 in order to make their award of and concerning the premises, 
 shall find any fact or facts necessary to be ascertained by exam- 
 ination of witnesses, or other due proofs to be made concerning 
 the premises, or any part thereof, that all and every such account, 
 matter and thing shall be performed and taken for that purpose, 
 as by and with the judgment of the said shall most conduce 
 to make out the truth of every such fact or facts, by affidavits or 
 otherwise. And that all and every such fee and fees as the said 
 shall give or find necessary to be given to any counsel 
 or other person or persons for his advice and direction in the 
 premises, or any other matter or thing relating thereto, or in order 
 to the making his award therein, shall be equally borne and dis- 
 chatged by the said parties to these pr.esents, and not otherwise.^ 
 
 In witness whereof, the said parties to these presents have hereto 
 set their hands and affixed their seals on the day and year first 
 
 herein written. [Seal.] 
 
 — [Seal.] 
 
 ' If the parties desire an umpire to be chosen in case of the dis- 
 agreement of the two arbitrators, or their failure to make their 
 award in the time limited, then add: " And if the said arbitrators 
 shall fail to agree, or shall .disagree of and concerning the proper 
 award to be made on the matters in difierence between the said 
 N M and T E, on or before the said day of , then the 
 
 same shall be and are hereby referred and submitted to the award, 
 determination and umpirage of such third person as said arbitra- 
 tors shall select, and such third person, umpire as aforesaid, shall 
 make his award, determination and umpirage of such matters in 
 difierence, in writing, under his hand and seal, ready to be deliv- 
 ered to the said.parties in diflference on the day of 18 ." 
 
 . Agreement for sale and finishing the hull of a ship, from the 
 
 shipwright. 
 
 Articles of agreement, indented and entered into on the 
 day of , in the; year , between A B of of the one 
 
 part, and D of pf the other part : Witness, that the said 
 
 A B, for the consideration and at the price to be paid him by the 
 
AGKEBMBNTS. 11 
 
 said D, as hereafter is mentioned, doth hereby agree to sell unto 
 the said CD the hull or body of a new ship or vessel . lately built 
 by the said A B, at his own charge, and now in at ■ , com- 
 puted to be of the burden of tons, be the same more or less ; 
 and the said A B, for himself, his executors, administrators and 
 assigns, doth covenant and agree to and with the said D, his 
 heirs, administrators and assigns, that he, the said A B, his execu- 
 tors and administrators, workmen, servants or assigns, shall and 
 will, at his and their own charges, in substantial and workmanlike' 
 manner, do and perform the several works in and about the said 
 hull of the said ship, as follows : (that is to say), &c. [here insert 
 the work to be done] ; and wUl find and provide a complete suit of 
 masts and yards fitting for such a ship, and will likewise do and 
 perform all joiners' work, painters' work, glaziers' work, plumbers' 
 work, and all other works for the complete finishing the. said hull 
 or body of the said ship, and will launch her into the river , , 
 and deliver her safe unto the said G D, his executors, administraT' 
 tors or assigns, on or before the day of . In considera- 
 tion and for the purchase of which said hull or body of the said 
 ship so agreed to be sold, and^ of the several works and things to 
 be done and performed as aforesaid, the said D, for himself, his 
 executors, administrators and assigns, doth covenant and agree to 
 and with the said A B-, his executors, administrators and assigns, 
 by these presents, that he, the said D, his executors, administra^ 
 tors or assigns, shall and will well and truly pay unto the said 
 A B, his executors, administrators or assigns, at and after the rate 
 of dollars, in manner following : that is to say, dollars, 
 part thereof, on the day of , and the residue and remain- 
 der thereof on the day of , he the said A B, his execu- 
 tors or administrators, then and at the same time, at the request 
 and at the costs and charges of the said G D, his executors or as- 
 signs, executing and delivering a sufficient bill of sale of the said 
 hull of the said ship, with her masts, yards and appurtenances, 
 unto the said C D, his executors, administrators or assigns, or to 
 such other person or persons as he or they shall order and appoint. 
 In witness whereof, the said parties to these presents have here- 
 unto set their hands and affixed their seals the day and year first 
 
 above written. ■• — [Seal.] 
 
 [Seal.] 
 
12 PKACTICAL FORMS. 
 
 An agreement for maldng a quantity of shoes. 
 
 Articles of agreement, made and entered into ttis day of 
 
 , in tlie year , between A B of of the one part, 
 
 and D of of the other part : The said A B, for the con- 
 
 sideration hereinafter mentioned, doth covenant, that he will, at 
 his own charge, make for the said D pair of shoes of the 
 
 same quality of leather and goodness, as, and in all other respects, 
 according to a pattern agreed between the said parties, and of a 
 size from to , and deliver the same to the said C D at , 
 within from the date hereof. And the said D, in considera- 
 tion thereof, doth covenant to pay to the said A B, at the rate of 
 per pair, after months from the delivery of the sai^. shoes 
 as aforesaid. And it is agreed, that if any of the shoes shall not 
 be made agreeably to the said pattern, and for that reason shall be 
 rejected by the said C D, he, the said A B, shall take back such as 
 shall be refused, and deliver. the said C D the like quantity of the 
 goodness and make, according to the pattern aforesaid. 
 
 In witness whereof, the said parties to these presents have here- 
 unto set their hands and affixed their seals the day and year first 
 
 above written. [Seal.] 
 
 - — — ^ [Seal.] 
 
 Agreement between a merchant and his cleric. 
 
 Articles of agreement, made and entered into this day of 
 
 , in the year , between A B of of the one part, 
 
 and D of of the other part : Witness, that the said D, 
 
 for the consideration hereinafter mentioned, doth hereby covenant 
 , an^ agree to and with the said A B, by these presents, that he, the 
 said D, shall and will, during the space of , to commence 
 
 from the day of the date hereof, diligently and faithfully serve the 
 said A B, in keeping the books of account of him, the said A B ; 
 and therein shall, from time to time, and at all times during the 
 said term, observe, fulfil and keep the lawful and reasonable com- 
 mands and directions of the said A B, without disclosing the same, 
 or the secrets of his employment, business or dealings to any per- 
 son or persons whomsoever during the said term ; and shall not at 
 ^ny time hereafter, during the said term, correspond with any 
 
•AGREEMENTS. 13 
 
 person or persons corresponding witli tte said A B, nor use any- 
 traffic or dealing in tte way of tlie said A B", either for himself, or 
 for any other person or persons other than the said A B, without 
 the permission and consent of the said A B first had and obtained* 
 for that purpose. And the said I), doth hereby further cove- 
 nant and agree to and with the said A B, that h.e,_ the said D, 
 shall and will, from time to time, during the said term, write and 
 keep a true and perfect account and accounts for him,, the said 
 A B ; and will not embezzle, purloin, wilfully waste or misspend 
 any of the goods, wares, moneys, merchandise or coinmodities of 
 the said A B ; and wUl, upon every request to him made for that 
 purpose, make and give unto the said A B a full, true, justand per- 
 fect account ill writing, of and for all money which he' shall receive 
 in or pay out of all goods and commodities which' he shall, at any- 
 time during the said term, receive in, or deliver, or pay out, for or 
 upon the account and for the use, or by the order of the said A B. 
 And also, that he, the ^aid, D, shall and will well and truly pay 
 unto the said A B all such sum or sums of money as shall appear 
 to be due upon the foot of any such account or accounts. And fur- 
 ther, that he, the said D, shall not nor will, at any time or times 
 during the said term, trust, or deliver forth, or pay upon credit 
 any of the goods, wares, merchandise, moneys or securities of or 
 belonging to, or in the bands, custody or power of the said A B, 
 to any" person or persons whomsoever, without the previous con- 
 sent and direction of the said A B. In consideration of all which 
 said services to be observed, done and performed by the said C D 
 as aforesaid, he, the said A B, doth hereby covenant and promise 
 that he, the said A B, shall and will pay, allow and give unto him, 
 the said D, the sum of, , by the year, for every year during 
 the aforesaid term of , years, by even quarterly payments, the 
 firsi quarterly paymentthereof to be made on the day of ; 
 
 and shall and will, during all the said tei'm, find and provide for 
 the said C D sufficient lodging, &c. ^ 
 
 In witness whereof, the said parties ito these presents have here- 
 u^to,set, their hands and affixed their seals on the day and.-year 
 
 first herein written. - '■ [Seal.] 
 
 [Seal.] 
 
14 PEACTICAL rOKHS. 
 
 Agreement ly executors for letting premises during the minority 
 of a child. 
 
 Articles of agreement, made and entered into this day of 
 
 , in the year , between H G of , and N of , 
 
 executors named in and by the last will and testament of R P, 
 late of , deceased, of the one part, and B R of of the 
 
 other part : Witness, that the said H and N 0, as executors as 
 aforesaid, hereby agree to let unto the said B R, his executors and 
 administrators, all that [here give a description of the property]. 
 To hold the same to the said B R, his executors and administrators, 
 from the day of , now next ensuing, for the term of 
 
 years, fully to be complete and ended, if J, the sJn of the said 
 R P, deceased, shall so long live ; but if he shall happen to die at 
 any time before the said term of years shall be fully expired, 
 
 then these presents, so far as relates to that term, shall immediately 
 cease, and become null and void, subject, nevertheless, to the pay- 
 ment by him, the said B R, his executors and administrators, of 
 the yearly rent of dollars, payable half yearly, on the 
 
 day of and the day of , in every year, and to such 
 
 proportion of any such half yearly paynient as shall accrue up to 
 the day of the decease of the said J P, in case he shall happen to 
 die before the said term of years shall' be accomplished, or unto 
 such further day as he, the said B R, his executors and adminis- 
 trators, shall be permitted to remain in possession of the said 
 preinises. And the said B R doth hereby, for himself, his execu- 
 tors and administrators, agree with the said H C and N 0, execu- 
 tors as aforesaid, and the survivor of them, his executors or ad- 
 ininistrators, to take the said premises and become tenant thereof, 
 from the day of now next ensuing, and to pay to them 
 
 the aforesaid rent or yearly sum of dollars as aforesaid, onihe 
 days hereinbefore reserved and appointed for the payment thereof; 
 and that he, the said B R, his executors or administratorg, shall 
 and will, in case the said J P shall happen 'to die at any time 
 before the expiration of the said term of years, upon notice 
 
 thereof in writing from the said H C and N 0, and the survivor of 
 them, his executors or administrators, forthwith surrender up to 
 them the said premises. And the said H and N C do hereby 
 agree that he, the said B R, paying the said rent, and performing 
 
AGREEMENTS. 15 
 
 these conditions, shall quietly enjoy the said premises for the term 
 of years, if the said J, P shall so long live. 
 
 In witness whereof, the said parties to these presents have here- 
 unto set their hands and affixed their seals on the day and year 
 
 first herein written. , [Seal.] 
 
 [Seal] 
 
 Agreement to let a field for huilding. 
 
 Articles of agreement, made and entered into this day of 
 
 , in the year , between I C of of the one part, and 
 
 W H of of the other part, as follows : That in consideration 
 that the said W H hath promised and agreed to build a dwelling- 
 house with its appurtenances as hereinafter mentioned, he, the said 
 J 0, doth hereby promise and agree to and with the said W H, to 
 grant and execute to him a good and valid lease, as soon as the 
 dwelling-house above mentioned, shall be covered in, of certain 
 land now measured and staked out, and being a part of a certain 
 field, situate, lying and being in , adjoining the lands of A B, 
 E F and H T. Bounded as follows : that is to say, beginning 
 [here describe the boundaries of the field], and containing 
 acres, Sind that the said intended lease shall be made to hold to the 
 said W H, his executors, administrators and assigns, from the 
 day of , in the year , for the term of years then next 
 
 ensuing, subject to the payment, by the said W H,' his executors, 
 administrators or assigns, of an annual rent amounting in the whole 
 to the sum of dollars, besides all charges whatsoever, and that 
 from, and out of the rent which shall accrue due for the three first 
 years of the said term, there shall be allowed and deducted the 
 full and clear amount of one-third part of the said annual rent for 
 the use and benefit of the said W H, and that the said intended 
 lease shall contain all the usual covenants, and also a covenant on 
 the part of the said W H, that no bricis shall be made upon the 
 said premises, and that no inn, tavern, or, public house, trad$ or 
 manufactory whatsoever, shall be carried on thpre, or any dilapi- 
 dations or waste be committed or suffered on any part of the^said 
 premises. And that the said W H shall and wUl insure and keep 
 the said premises insured from fire. And the said W H doth 
 hereby , promise and agree to accept and take such lease, and to 
 pay the said. J. C or his attprney, the whole costs and charges of 
 
16 PEACTICAL FORMS. 
 
 preparing and completing tte said lease. And also, that he, the 
 
 • said W H, shall and will, before he shall erect any building upon 
 the said piece of land, submit to the inspection of the said JO a 
 plan and elevation of the dwelling^'house, out-gjffices and appurte- 
 nances thereon to be erected as hereinafter mentioned, for his ap- 
 probation, and when, and so soon as such plan and elevation shall 
 have been approved by him, the said J 0, shall and will forthwith • 
 proceed to erect, cover in, finish and complete, within the space of 
 months now next ensuing, in a substantial and workmanlike 
 manner, a good and substantial brick built dwelling-house, with 
 suitable carriage-house, stables, offices and appurtenances and fence 
 walls, agreeably, to the said plan, so approved, at his, the said W 
 
 , H's o)vn proper costs and- charges, and that the dwelling-house 
 shall be placed at not less than feet from a private road, in- 
 
 tended to be made on the northeast side of the said land, at the 
 expense of the said J 0, and that no building which shall be erected 
 
 ' at more than the space of feet beyond the back line of the back 
 
 front of the said dwelling-house, shall be built of any height above 
 
 feet from the surface of the ground, and that the said W H 
 
 , sh^U lay out and fexpend in the building of the dwelling-house, 
 exclusive of all other erections, a sum not less than dollars, 
 
 and shall and will, at his own expense, erect forthwith a paling of 
 oak of five feet in height, from the surface of the ground, on the 
 sides of the said piece of land so agreed to be taken by him, the 
 said W H, as aforesaid. 
 
 In. witness whereof, the said parties have hereunto set their 
 hands and affixed their seals on the day and year first herein writ- 
 ten as the date hereof. — — [Seal.J 
 
 [Seal.] 
 
 Agreement to permit the continuance of an obstruction of ancient 
 
 lights. 
 
 Articles of agreement, made, concluded and agreed upon, this 
 day of , in the year , between A B of of the 
 
 one part, and D of of the other part : There being two 
 
 ancient window lights on the side of the dwelling-house of 
 
 the said A B, situate in aforesaid, and which lights have 
 
 been totally obstructed by a dwelling-house which the said C'D 
 hath lately erected upon his lot adjoining thereto, it hath been 
 
•' APPEAISBMBNT. 17 
 
 agreed between the said A B and the said C D, for the purpose of 
 preventing disputes -between the owners and occupiers of the said 
 two dwelling-houses, in manner following, that is to say : First, 
 the said C D admits and declares, that the said A B was well enti- 
 tled to the said window lights, and that the said A B voluntarily, 
 and froih motives of friendship and good neighborhood, agreed 
 that the said C D might obstruct then^, as before mentioned. And 
 the said A B, on h;^ part agrees that the said window lights shall 
 and may forever remain obstructed,' as before mentioned; and he 
 hereby releases to the said D, his heirs and assigns,, all actions^ 
 suits., claims and, demands whatsoever, on acdount thereof. 
 
 In witness whereof, the said parties to these presents have here- 
 unto set their hands and seals the day and year first above written^ 
 
 -— [Seal.] 
 
 -^ [Seal.] 
 
 IV. 
 
 APPRAISEMENT. 
 
 In every State in the TJnion appraisers are appointed to ascer- 
 tain the value of the property of which a decedent dies pos- 
 sessed. These appraisers, after making affidavit that they will 
 truly and justly, to the best of their judgment, appraise the goods 
 and chattels, &c. of the deceased, and after appraising the same, 
 return a certificate of the appraisement to the court that appointed 
 them. 
 
 :parm of approdsement. 
 
 An appraisement of the estate of John Decedent deceas&d, in 
 the county of. , made by the undersigned appraisers appointed 
 by the court of the said county ; the said ajtpraisers having 
 
 first been sworn according to law. 
 
 One table, ...$10 00 
 
 Six knives and forks, '• 5 OQ 
 
 &c. &c.. . (Signed) ALBERT A. 
 
 PETER V. 
 ROBERT L. 
 3 
 
18 PRACTICAL FORMS. 
 
 APPRENTICES. 
 
 Indenture of an apprentice bound hy his father or mother or 
 guardian. 
 
 . . This indenture, made this day of , in the year 18 , 
 
 between G H, and J H the child of the said G H, of the one part, 
 and Eobert Master of the* other part : Witnesseth, that the said 
 J H voluntarily, and with the approbation of the said G H, his 
 parent (or guardian), hath put, placed and bound himself, and by 
 these presents doth put, place and bind himself tq be an appren- 
 tice with him. the said Robert Master, and as an apprentice with 
 him the said Eobert Master to dwell, till the said J H shall have 
 attained the age of years,^ which will be on the day of 
 
 , in the year 18 . During all which term the said G H 
 and J H do covenant and agree to and with the said Robert Mas- 
 ter, that the said J H shall and will well and faithfully serve the 
 said Robert Master in all such lawful business as the said J H 
 shall be put unto by the said Robert Master, according to the best 
 ( of the power and ability of the said J H, and honestly and obe- 
 diently behave toward the said Robert Master. And the said 
 Robert Master doth covenant and agree to and with the said J H, 
 that he the said Robert Master will well and truly instruct the 
 said J H in the art and mystery of a carpenter, which the said 
 Robert Master now foUoweth, and will use all due diligence to 
 make the said J H as perfect in the said art or mystery of a car- 
 penter as possible. And that the said Robert Master will allow 
 to the said J H good and sufficient nieat, drink, apparel, washing, 
 Ipdging, and all other things suitable for an apprentice, during the 
 Sfiid term,' 
 
 In witness whereof, the said parties have hereunto set their 
 hands and affixed their seals on the day and year first herein 
 "vyritten as the date hereof. 
 
 G H. [Seal.] 
 
 J H. . [Seal.] 
 
 ROBERT MASTER. [Seal.] 
 
 'If a female, until 18 years; if a male, until 21 years. 
 ?At this point any other cgyeiijants may be inserted. 
 
APPRENTICES. 19 
 
 Indenture of an apprentice bound hy the overseers of the poor, under 
 an order of court. 
 
 This indenture, made this day of , in the year , 
 
 between George Oversight and William 0, overseers of the poor of 
 tLe county of , of the one part, and Samuel Master of said 
 
 county, of the other part : Witnesseth, that the said George Over- 
 sight and William 0, overseers of the poor as aforesaid, hy virtue 
 of an order of the court of , bearing date on the 
 
 day of , in the year , have put, placed and hound, and 
 
 by these presents do put, place and bind Oliver Orphan, of the age 
 of years, to be an apprentice with him, the said Samuel Master, 
 and as an apprentice with him, the said Samuel Masterj to dwell 
 from the date of these presents until the said Oliver Orphan shall 
 come to the age of twenty-one years ^ according to the act of assem- 
 bly in that case made and provided, By and during all which 
 time and term, the said Oliver Orphan shall well and faithfully 
 serve the said Master in all such lawful business as the said Oliver 
 shall be put unto by his said master, according to the power, wit 
 and ability of him the said Oliver Orphan, and honestly and obe- 
 diently, in all things, shall behave himself towards his said master. 
 And the said Samuel Master, for his part, for himself, his execu- 
 tors and administrators, doth hereby promise and covenant to and 
 with the said overseers of the poor, and every of them, their and ' 
 every of their executors and administrators, and their and every 
 of their successors' for the ,tima being, and to and with the said 
 Oliver Orphan, that he, the said Samuel Master, shall, the said 
 Oliver Orphan in the craft, mystery and occupation of a carpenter, 
 which he the said Samuel Master now useth, after the best man- 
 ner that he can or may, teach, instruct and inform, or cause to he 
 taught, instructed and informed as much as thereunto belongeth, 
 or in any. wise appertaineth. And that the said Samuel Master 
 shall also find and allow unto the said apprentice sufficient meat, . 
 drink, apparel, washing, lodging, and all other things needful or 
 meet for an apprentice, during the term aforesaid. And also tha,t- 
 the said Samuel Master shall teach or cause to be taught to the said 
 
 ^A male apprentice until he is twenty-one years of age ; a female 
 apprentice untu she is eighteen. 
 
20 PRACTICAL FORMS. 
 
 Oliver Orphan, reading, writing and common arithmetic, including 
 theruleof three ; and will moreover pay to the said Oliver Orphaa 
 the sum of dollars at the expiration of the term aforesaid. 
 
 In witness whereof, the parties to these presents have hereunto 
 set their hands and seals on the day and year first herein written 
 
 as the date hereof. [Seal.] 
 
 [Seal.] 
 
 [Seal.] 
 
 JB®° E&turn to the clerk's office within six months after its exe- 
 cution. Code Va., ch. 126, sec. 8. 
 
 VI. 
 
 ASSiaNMENTS. 
 
 Assignment of a nate or other^ evidence of debt without recoy/rse. 
 
 I assign the within Tiot^ to James Buyer,, for value received, 
 without recourse to me in any event. 
 
 aEOKGE ASSIGNOR., 
 
 'Or single bill, or as the case may be. 
 
 General form of assignment. 
 
 Know all men by these presents, that I, James Creditor, in con- 
 sideration, of -dollars to me in hand paid by James Buyer, have 
 assigned, and do by these presents assign to the said James Buyer, 
 and his assigns^ all my interest in the within [here describe the in- 
 strument], and in every clause, article or thing therein contained. 
 
 Witness my hand and seal this day of in the year 
 
 [Seal.]' 
 
 Assignment, of money due upon open account. 
 
 Know all men by these presents, that I, James Creditor, of the 
 city of, B, in consideration of the sum of dollars to me in hand 
 paid by Benjamin Buyer, of the , do hereby^assign andisefc 
 
ASSIGNMENTS. ' 21 
 
 over unto the said Benjamin Buyer, to his own proper use, without 
 any account to be given for the same, the^ sum of , and all other 
 sum or sums of money remaining due and payable Upon or by virtue 
 of the ainnexed account, and all my right, title, interest and de- 
 mand in and to the same ; and do give and grant unto the said 
 Benjamin Buyer full power and authority to demand and deceive 
 the'same to his own use, and upon receipt thereof, to give dis- 
 charges of the same,, or any part thereof ; and I, the said James 
 Creditor, do hereby covenant and agree to and, with the said' Ben- 
 jamin Buyer, that the said sum of dollars is justly due and 
 owing, and that I have not Teceived or discharged the same, or 
 any part thereof. 
 
 In witness whereof, I have hereunto set my hand and seal on 
 this. day of 18 . 
 
 • [Seal.] 
 
 Assignment of a debt. 
 
 Know all men by these presents, that I, E M of , in con- 
 
 sideration of the sum of , now justly due and owing by me 
 
 to W B of , and for better securing the paymeut of the same 
 
 to the said W B, have assigned, transferred and set over, and by 
 these presents do assign, transfer and set over, unto the, said W P, 
 his executors, administrators' and assigns, all that debt or sum of 
 which is now due and owing to me from J H of , for 
 
 goods sold and delivered by me to the said J H, or his order, be- 
 fore the. day of the date hereof,, and all my right, title, interest, 
 claim and demand, in and to the said debt or sum of , and, 
 
 every or any part thereof, to hold to thei said W P, his executors,, 
 a,d.ministratore, &c., from henceforth, to his and their own proper 
 use and benefit' forever: And I do hereby covenant and agree, to, , 
 and with the said W P, his executors and . administrators, that I. 
 ha,ve not done or suffered, and. that, I,, or my exeoutojs or, adminis- 
 trators,, shall not- nor will do or sufier any act, rti^tter or thing,, 
 whereby or by reason whereof the said.W P, his: e:^ecutqrs and; 
 administrators, shall or may be .hindered-, or prevented from the 
 recovering :or receiving the. said debt or sum of. , hereby, as- - 
 
 signed,, or any part thereof, or such other satisfaction as can or 
 may be had ox. obtained for the, same, by virtue hereof.. 
 
 In witness; whereof, I have hereunto set my hand and' seal on 
 this day of 18 . [Seal.] 
 
22 PEACTICAL lOKMS. 
 
 Assignment of a "bond. 
 
 Know all men by ttese presents, that I, the within named A B 
 of , for and in consideration of the sum of dollars, of 
 
 lawful mdney of the United States, to me in hand paid by D of 
 , at or before the sealing and delivery of these presents, «the 
 receipt whereof is hereby acknowledged,, have assigned, transfer- 
 red and set ovev, and by these presents do assign, transfer and set 
 over, unto, the said D, his executors, administrators and assigns, 
 the within written! bond or obligation, and the sum of , men- 
 
 tioned in the condition thereof, and all interest due and to grow 
 due for the same, and all my right, title, interest, claim and de- 
 mand whatsoever, of, in and to the same.' And I do hereby au- 
 thorize the said D, in my name, to demand, sue for, receive, 
 have, hold ari,d enjoy the said sum of , with the interest, to 
 
 his own use absolutely, forever. 
 
 In witness whereof, I have hereunto set my hand and seal on 
 this , day of 18 . ■ — [Seal.] 
 
 ^f without recourse, add : " But it is expressly understood and ■ 
 agreed hereby, that in no event whatever shall the said D have 
 recourse against me or my heirs, executors or adniinistrators, for 
 the said sum' of money andinteregt aforesaid." •. ■ 
 
 , Assignment of. annuity for the life of assignee. 
 
 This indenture, made this day of , in the year , 
 
 between E M of of the one part, and I A of of the 
 
 other part : Witiiesseth, that whereas M M, late of , de- 
 
 ceased, did, by his last will and testament in writing, devise unto 
 the said E M, one annuity or yearly sum of dollars, of good 
 
 and lawful money of the United States, to be issuing and payable, 
 yearly and every year, out of all and every the property of him 
 the said M M whatsoever, and to be paid yearly and every year, 
 from and after his decease, unto E M, for and during the natural 
 life of the said E M, as in and by the said last will and testament 
 recorded in the office of , reference being had may more fully 
 
 appear. Which said annuity hath, ever since the death of the said 
 M M, been satisfied and paid to the said E M, according to the 
 tenor, purpqjrt and true intent and meaning of the said will. And 
 
ASSWNMBNTg. 23 
 
 whereas tte said I A hatL contracted and agreed with the said 
 E M for the purchase of the said annuity, at or for the price or 
 sum of dollars. Now, this indenture witnessethj. that for 
 
 and in consideration of the sum of dollars, and for divers 
 
 other good causes and considerations him thereunto moving, he 
 the said E M hath granted, bargained, sold, assigned and set over, 
 and by these presents doth grant, bargain, sell and assign unto the 
 said I A, his executors, administrators and assigns, all and every 
 part of the aforesaid annuity, yearly rent or sum of dollars, 
 
 and all the right, title, interest and benefit which he the said E M 
 now hath, or may or in any wise ought yearly to have, of, in, or 
 unto, or for the said annuity, yearly rent or sum of dollars, 
 
 before mentioned. To have, hold, receive, enjoy and take the said 
 annuity, or yearly rent or sum of dollars, and all the right, 
 
 title, interest and benefit, use, possession, claim and demand what- 
 soever, ^f him the said E M, of, in and to the same, and of, in and 
 unto every part and parcel thereof, as aforesaid, unto the said I A, 
 immediately from henceforth, for and during the term of the natu- 
 ral life of the said E M, in as large, ample and beneficial a manner, 
 to . all intents and purposes, as he the said E M might, could, 
 should or ought to have or enjoy the same, if these presents had 
 not been made. And the said E M doth hereby covenant and 
 agree to and with the said I A, his executors and administrators, 
 that he hath not done or sufiered, and that he or his executors or 
 administrators shall not nor will do or suffer any act, matter or 
 thing whereby, or by reason whereof, the said I A, his executors, 
 administrators or assigns, shall or may be hindered or prevented 
 from recovering or receiving the said annuity or yearly sum of 
 dollars, hereby assigned, or any part thereof. 
 In witness whereof, &c. (as on page 16, before). 
 
 '- [Seal.], 
 
 [Seal.] ' 
 
 Assignment of lease iy endmsement hy an administrator, with 
 consent of the lessor. 
 
 Know all men by these presents, that A B of , administrator 
 of all and singular the goods and chattels, rights and credits of 
 the within named C D, deceased, for and in consideration of the 
 sum of dollars to him in hand well and truly paid by E F of 
 
24 PRACTICAL FOKMS. 
 
 , at or before tte sealing and delivery of these presents, the 
 receipt whereof the said A B doth hereby acknowledge, hath (by • 
 and with consent of the within named P E, testified by his ex- 
 ecuting these presents) bargained, sold, assigned, transferred and 
 set over, and by these presents doth (by and with such consent as 
 aforesaid)- bargain, sell, assign, transfer and set over unto the said 
 E F,-his executors, administrators and assigns, all and singular the, 
 &c., and premises comprised in the within, written indenture, and 
 therein mentioned to be thereby demised, with their and every of 
 their appurtenances, together with the within indenture of lease, 
 and all the estate, right, title and interest which he, the said A B, 
 as administrator of the said D as aforesaid, or Otherwise, now 
 hath, or at any time hereafter shall or may have, claim or demand 
 of, in or to all or any of the said premises, by virtue of the said 
 indenture of lease, or otherwise, as the administrator of said C D. 
 To have and to hold the said,&c., and, all and singular other the 
 premises, with their and every of their appurtenances, unto the 
 said E F, his executors, administrators and assigns, for and during 
 all the rest, residue and remainder yet to come and unexpired of 
 the within mentioned term of years, in as full, ample and 
 
 beneficial a manner, to all intents and purposes whatspever, as he 
 the said A B, his executors or administrators, might or could in. 
 any manner have held and enjoyed the same, if these presents had 
 not been made, subject, and without prejudice, to the yearly rent 
 ■ of ' dollars, in and by the said indenture of lease reserved and 
 contained, and to become due and payable, and to all and every 
 the covenants, clauses, provisoes and agreements therein contained.' 
 And the said A B, for himself^ his heirs, executors and adminis- 
 trators, doth hereby covenant and declare, to and with the said 
 E F, his executors, administrators and assigns, that he the said A 
 B hath not, at any time heretofore, made, done,. committed or exe- 
 cuted, or willingly permitted or suflfered any act, deed, matter or 
 thing whatsoever, whereby or wherewith, or by reason or means 
 whereof, the said , &c., and premises hereby assigned, or in- 
 
 tended so to be, are, is, may, can or shall be any way impeached, 
 charged, afi'ected or incumbered in title, charge, estate or other- 
 wise howsoever.- 
 
 In witness whereof, the said A B hath hereunto set his hand and 
 seal on this . day of , 18 . — ■ ■ f^QoX ] 
 
ASSIGNMENTS. 25 
 
 Asdgn'merd of mortgage of a lease for years. 
 
 This indenture, made this day of , in the year , 
 
 between J F of the one part, and R G of the other : "Whereas F H, 
 by indenture bearing date the day of [here recite the 
 
 mortgage], which said sum of dollars, or any part thereof, 
 
 was not paid or tendered to or for the said J F, at the da,y in the 
 proviso of redemption limited for payment thereof, but yet re^ 
 maineth unpaid, by reason whereof the said messuage and other 
 premises, and the whole estate, right, title and interest of the said 
 F H in and to the same, became forfeited unto the said J F, and 
 he thereby was and is now lawfully interested in and possessed of 
 the said premises, and every part thereof, during the residue of 
 the term of years therein, which then were and now are to come 
 and unexpired. Now this indenture witnesseth, that the said J F, 
 for and in consideration of the sum of dollars, to hiim in 
 
 hand paid by the said R Gr, the receipt whereof he doth hereby 
 acknowledge, hath granted, bargained, sold, assigned and set over, 
 and by these presents doth grant, bargain, sell, assign and set over, 
 unto the said R G, his executors, administrators and assigns, .all 
 the said messuage, &c., and premises, with the appurtenances, 
 granted unto him the said J F, in and by the said indenture as 
 aforesaid, and all the estate, right, title and interest of him the 
 said J F, by virtue of the said indenture of mortgage or assign- 
 ment above recited, or of any thing therein mentioned or con- 
 tained, together with the said indenture or demise, and all other' 
 writings relating to or concerning the same, now in the custody or 
 possession of him the said J F, to have and to hold the said mes- 
 suage, &c., unto the said R G, his executors, administrators and 
 assigns, for and during all the rest, residue and remainder yet to 
 come and unexpired of the within mentioned term of years, 
 
 in as full, ample and beneficial a manner, to all intents and pur- 
 poses whatsoever, as he the said R G, his executors or administra- 
 tors', might or could have held and enjoyed the same, if these pre- 
 sents had not been made, subject and without prejudice to the 
 yearly rent of , in and by the same indenture of lease re- 
 
 served, and to become due and payable, and to all and every the 
 covenants, clauses, rproyisoes and agreements therein' contained. 
 4 
 
26 PRACTICAL FOEMS. 
 
 In witness wliereof, the said parties have hereunto set their 
 hands and affixed their seals on the day and year first herein 
 
 written. [Seal.] 
 
 [Seal.] 
 
 Assignment of a policy of w^urcunoe. 
 
 Know all men by these presents, that I, S A, for and in con- 
 sideration of the sum of dollars, to me in hand paid by J D, 
 at or before the sealing and delivery of these presents, the receipt 
 whereof I do hereby acknowledge, have bargained, sold, assigned, 
 transferred and set over, and by these presents do bargain, sell, as- 
 sign, transfer and set over, unto the said J D, his executors, ad- 
 ministrators and assigns, all that instrument or policy of insurance, 
 dated day of , in the year , numbering , under 
 the hands and seals of , , officers of company, 
 whereby certain houses, situate in , are insured from and 
 against loss by fire, in the sum of dollars, lawful money as 
 aforesaid, fpr a term of years from the date hereof, which said 
 term hath not yet expired; and all sum or sums of money which 
 may arise or become due or payable thereon, and all benefit and 
 advantage thereof, to have, receive and take the same unto the 
 said J D, his executors, administrators and assigns, to and for his 
 and their own use and benefit. 
 
 In witness, &c. (as before, on page 22). 
 
 [Seal.] 
 
 Assignment of a hill of sale. 
 
 To all persons to whom these presents shall come, A B of , 
 
 sendeth greeting : "Whereas C D of did, by his bill of sale, 
 
 bearing date the day of , in the year , for the con- 
 
 sideration of dollars, bargain and sell unto the said A B the 
 
 following goods and chattels [here describe them], and all the es- 
 tate, right, possession and interest of him the said C D, to have 
 and to hold the same, unto the only proper use and behoof of the 
 said A B, his heirs, &c. forever, as by reference being had to the 
 said bill of sale will more fully appear. 
 
 -Now, know all men by these, presents, that I, the said A B, for 
 and in consideration of the sum of dollars, to me in hand 
 
ASSIGNMENTS. ' 27 
 
 paid by H K of , at or before the sealing and delivery 
 
 of tbese presents, the receipt whereof I do' hereby acknowledge, 
 have granted, bargained, sold, assigned and set over, and by these 
 presents do gra,nt, bargain, sell, assign and set over unto the -said 
 H K, his- heirs, &c., the above mentioned goods and chattels, toge- 
 ther with the bill of sale above referred to, and all my rights title, ' 
 interest and claim whatsoever, of, in and to the same, to have and 
 to hold the said good's and chattels, together with the said bill of 
 sale unto the said H K, and his heirs, &c; forever, free from all 
 claim or claims, demand or demands, of me the said A B, or of 
 my heirs, &c., or any other person or persons whatsoever; and I 
 the said A- B, for myself, my heirs, &c., all and singular the said 
 goods and chattels, and the said bill of sale unto the said H K, 
 his heirs, &c,, against me the said A B, my heirs, &c., and against 
 all and every other person or persons whatsoever, shall and will 
 warrant and forever defend by these presents. 
 In witness, &c. (as before, on page 22). 
 
 [Seal.] 
 
 AssiguTnent of a deed. 
 
 This indenture, made and entered into this day of , 
 
 in the. year , between H A of of the one part, and R B of 
 of the other part : "Whereas M P hath, by a certain deed bear- 
 ing date the day of , in the year , given, granted and 
 sold unto the said H A a certain lot of ground, situate, lying and 
 being in : Now, this indenture witnesseth, that the said H A, 
 for and in consideration of the sum of . dollars to him in hand 
 paid by the said R B, at or before the sealing and delivery of these 
 presents, the receipt whereof he doth hereby acknowledge, hath 
 granted, bargained, sold, assigned, transferred and set over, and 
 by these presents doth grant, bargain, sell, assign, transfer and set 
 over unto the said R B, his heirs, executors and administrators, all 
 that lot of ground, with the appurtenances, granted unto him, the 
 said H A, by M P, as aforesaid, in and by the said deed, together 
 with the said deed, and all other writings relating to c* concerning 
 the same, in custody or possession of him, the said H A, to have and 
 to hold the said lot of ground, unto the said R B, his heirg, execu- 
 tors, adininistriators and assigns, in as full, ample and beneficial a 
 
28 PKACTICAL FORMS. 
 
 manner, to all intents and purposes whateoever, as lie, tHe said H 
 A, Hs heirs, executors or administrators, might or could have held 
 and enjoyed the same if these presents had not been made. And 
 the said H A doth covenant and agree to and with the said R B, 
 his heirs, &o., that he hath not done or suffered, and that he, or his 
 heirs, &c., will not do or suffer any act, matter or thing, whereby, 
 or by reason whereof the said H A, his heirs, &c., shall or may be 
 hindered or prevented from receiving and enjoying the benefits 
 which may or shall arise from th.e said deed, as above mentioned. 
 In witness, &c. (as before, on page 16). 
 
 [Seal.] 
 
 [Seal.] 
 
 - An assignment of an order iy endorsement. 
 
 I, the within H K, do hereby assign and transfer all my right, 
 title and interest in and to the within written order, and the 
 nioneys thereby secured, unto A B, his executors, administrators 
 and assigns, this day of , in the year 
 
 "Witness my hand and seal the day and year above written. 
 
 [Seal.] 
 
 Assignment of a lease. 
 
 Know all men by these presents, that A B of , for and in 
 
 consideration of the sum of dollars to him in hand paid by 
 
 E F of , the receipt whereof is hereby acknowledged, hath 
 
 bargained, sold, assigned, transferred and set over, and by these 
 presents doth bargain, sell, assign, transfer and set over unto the 
 said E F, his executors, administrators and assigns, all and singu- 
 lar, &c., and premises comprised in the within written indenture, and 
 therein mentioned to be thereby demised, with their and every of 
 their appurtenances, together with the within indenture of lease, and 
 all the estate, right, title and interest which he, the said A B, now 
 hath, or at «ny time hereafter shall or may have, claim, challenge 
 or demand of, in or to all or any of the said premises, by virtue of 
 the said indenture of lease, or otherwise. To have and to hold the 
 paid messuage, &c., and all and singular other the premises, \yith 
 
ASSIGNMENTS, 29 
 
 their and every of their appurtenances, unto the said E F, his ex- 
 ecutors, administrators and assigns, for and during all the rest, 
 residue and remainder yet to come and unexpired of the within 
 mentioned term of years, in as full, ample and beneficial a 
 
 manner, to all intents and purposes whatsoever, as he, the said A 
 B, his executors or administrators, might or could in any manner 
 have held and enjoyed the same, if these presents had not been 
 made, subject, and without prejudice, to the yearly rent of 
 dollars, in and by the said indenture of lease reserved and con- 
 tained, and to become due and payable, and to all and every the 
 covenants, clauses, provispes and agreements therein contained. 
 And the said A B, for himself, his heirs, executors and adminis- 
 trators, doth hereby covenant and declare, to and with the said 
 E F, his executors, administrators and assigns, that he, the said 
 A B, hath not, at any time heretofore, made, done, committed or 
 executed, or wittingly or willingly permitted or suffered any act, 
 deed, matter or thing whatsoever, whereby or wherewith, or by 
 reason or means whereof, the said messuage and premises, hereby 
 assigned or intended so to be, are, is, may, can or shall be in any 
 ways impeached, charged, affected or incumbered in title, charge',, 
 estate or otherwise howsoever. 
 
 In witness, &c. (as before, on pagp 24). 
 
 [Seal.] , 
 
 Assignment of a judgment recovered. 
 
 Know all men by these presents, that I, A B, of , in conside- 
 ration of the sum of dollars to me in hand paid by J N, have 
 granted-, transferred, assigned and set over, and by these presents 
 do grant, transfer, assign and set over unto J N, his executors, ad- 
 ministrators and assigns, a certain judgment by me recovered in 
 the court of , on the day of term, in the year 
 , against Eof ' , for the sum of dollars, as by the 
 record of the said judgment in the said court doth show, upon 
 which judgment execution hath been lately sued out, as also' all 
 benefit, profit, sum and sums of money, and advantage whatsoever, 
 that now can or shall, or may hereafter be obtained by reason or 
 means of the same, or any execution thereupon, now had or to be 
 had, sued, executed or obtained ; and all the estate, right, title, in- 
 
30 PRACTICAL FORMS. 
 
 terest and demand whatsoever, whicli I, the said A B, liave or ought 
 to have, or claim of, in or to the said judgment, or aijy sum of 
 money, lands or tenements, which by virtue thereof, or of any pro- 
 cess or execution thereupon sued or to be sued, shall or may be 
 recovered, obtained or gotten. And I do hereby authorize the said 
 J'N, in my name, to sue and prosecute the said execution upon the 
 said judgment, and to do all and every such act and acts, thing 
 and things whatsoever, as shall be requisite in and about the 
 premises. 
 
 In witness, &c. (as before, on page 22). 
 
 . [Seal.] 
 
 Assignment of debtors' property in trust for creditors. 
 
 This indenture, made the day of , in the year , 
 
 between J S, E W and R G, of , of the first part, J L of , 
 B- D of , and S "W of , trustees, of the second part, and the 
 several persons, being bona fide creditors of the said J S, E. W and 
 R G, who shall seal, execute and acknowledge this deed within 
 days from the date hereof, of the third part : Whereas the said J S, 
 E W and R G have for several years past carried on the joint trade 
 of , in partnership together, and by reason of certain losses and 
 misfortunes, they are unable to pay and satisfy to every of their 
 joint and separate creditors the whole of their respective demands, 
 but in order to render to them the utmost satisfaction in their 
 power, they have proposed to convey and assign, as well all their 
 joint property, as also their separate estate and effects, real and 
 persoi;ial, to the said trustees, in trust for their said creditors, who 
 shall execute and acknowledge this deed within days from 
 
 the date hereof, rateably in proportion to the amount of their 
 several debts, in manner hereinafter provided ; to which the said 
 respective parties of the second and third parts have consented 
 and agreed : Now,, thie indenture witnesseth, that for and to- 
 wards payment and satisfaction of all the debts and demands 
 jointly and severally due to the said respective creditors, parties 
 hereto of the third part, and for and in consideration of 
 dollars, good and lawful money of the United States, to ea,ch 
 of them, the said J S, R W and R G, in hand well and truly 
 paid, by the said J L, B D and S W, at or before the sealing 
 
ASSIGNMENTS. 31 
 
 and delivering of these presents, the receipt whereof is hereby 
 respectively acknowledged, they, the said J S, E W and E G, 
 in fulfilment of their part of the said recited agreement, have, 
 and each of them hath, bargained, sold, assigned, transferred and 
 set over, and by these presents do, and each of them doth, bar- 
 gain, sell, assign and set over, unto the said J L, B D and S 
 W, all and singular the leasehold messuages or tenements, ware^ 
 houses and premises, with their appurtenances, and also all and 
 singular the debt and debts, sum and sums of money, house- 
 hold and other goods, furniture, cTiattels, wares and merchandise, 
 bonds, bills, notes, securities and vouchers for or affecting the pay- 
 ment of money, and all other the estates and effects of what nature 
 or kind soever and wheresoever, situate and being, and in whose- 
 soever hands, custody or power the same, or any of them, or any 
 part thereof, may now or hereafter at any time may come or be, 
 with their and every of their appurtenances, and all the right, es- 
 tate and interest,' property, claim and demand whatsoever, therein 
 or thereto, of them, the said J S, E W and E G, as well jointly as 
 partners in trade, or as separately and distinctly in their own sepa- 
 rate and distinct capacities. To have and to hold, all and singular 
 the said respective premises hereinbefore assigned, and every part 
 thereof, respectively, to them, the said J L, B D and S W, their 
 executors, administrators and assigns, upon trust, nevertheless, that 
 they, the said J L, B D and S W, or the major part of them, and 
 the survivor or survivors of them, his executors, administrators 
 and assigns, do and shall, with all convenient speed, sell and dis- 
 pose of all and singular the estates and effects hereinbefore as- 
 signed, for the most money that can be procured for the same, and 
 use their utmost endeavors, by all lawful ,ways and means, to ob- ' 
 tain, recover and receive the same respectively into their hands 
 and possession, and foi;thwith convert the same into money, upon 
 and for the most advantageous terms, and from time to time to pay, 
 distribute and divide the whol^of such moneys, estate and effects 
 to and amongst all such bona fide creditors of the said J S, E W 
 and E G, as shall execute and acknowledge this deed within 
 days from the date of this deed, their respective executors, ad- 
 ministrators, agents or assigns, rateably and in proportion to the 
 several amounts of their respective debts, to be verified on oath, 
 if required by the trustees. ' And the said J S, E W and E G, 
 
;.32 PKACUOAIi JFORMS. 
 
 do hereby jointly and severally .covenant, promise and agree, to 
 and Witt the said J L, B D and S W, their executors, adminis- 
 trators and assigns, in manner following (that is to say) : That 
 neither of them the said J S, E, W and R G hath, at any time 
 heretofore, made, done, committed or suffered, nor shall or will 
 at , any time or times hereafter, during the execution of all or 
 any of the trusts hereby created, or any person or persons by 
 bheir order or for their use, make, do, commit or suffer to be 
 done, any act whatsoever, whereby to release or discharge any 
 debt or debts, or alienate or conceal any sum or sums of money, 
 estate or effects hereinbefore assigned, or intended so to be, or to 
 obstruct or hinder the due recovery and receiving the said respec- 
 tive estates and effects hereinbefore assigned, or to release or dis- 
 continue any process which shall or may be commenced for re- 
 covery thereof, or to prevent any defence concerning the same, 
 but, on the contrary, shall and will, at all times permit and suffer, 
 promote and forward the due and ' regular receipt and recovery 
 thereof, and ratify, allow and confirm all such acts as shall be law- 
 fully done therein, by virtue of these presents, and that they will 
 execute all such further and other acts, deeds, matters and things 
 as shall be requisite and necessary in and towards the carrying on 
 and accomplishing the trusts herein created. And the said J L, 
 B D and^ S W do hereby, for themselves, their executors and ad- 
 ministrators, respectively, covenant, promise and agree to and 
 with the said J S, E W and E G, and to and with all and every 
 their said creditors, pa,rties hereto of the third part, their execu- 
 ■ tors and administrators respectively, in manner following (that is 
 to say) : That they the said J L, B D and S W, and the survivor 
 and survivors of them^ and the executors and administrators of 
 such survivor, shall and will, from time to time, when and as often 
 'as any moneys, estates or effects shall come to their hands by vir- 
 tue of these presents, after deducting and retaining all such costs 
 and charges as may by them be expended in the premises, well and 
 truly share, divide and pay the same to and among such of the said 
 creditors, parties hereto of the third part, who shall execute and ac- 
 knowledge this deed within days from the date hereof, in rate- 
 able proportions, according to their respective debts. And it is fur- 
 ther agreed by and between the said parties, that they the said re- 
 epective creditors, parties hereto of thethird part, in performance of 
 
. ASSIGNMENTS. 33 
 
 tlieir part of the aforesaid agreement, and in consideration of the as- 
 signments and provisions and covenants hereinbefore made and en- 
 tered into by and on the part of the said J S, E W and E G, and for 
 other good and valuable considerations them hereunto specially mov- 
 ing,-do, and each and every of them, for himself and themselves sev- 
 erally and respectively, and for their several and respective execu- 
 tors, administrators and assigns, doth hereby accept and take the said 
 hereinbefore assigned joint and several premises, estates and effects, 
 in full payment, satisfaction and discharge of all their respective 
 debts and demands. And they the said several creditors executing 
 these presents, in further pursuance and full performance of their 
 recited agreement, and for the several considerations aforess,id, have, 
 and. each and every of them hath, and by these presents for them- 
 selves, severally arid respectively, and for their several and respec-- 
 tive executors and administrators, do, and each of them doth, 
 freely, clearly and absolutely relinquish, exonerate, discharge and 
 forever quit claim unto the said J S, E W and E G, jointly and 
 severally, and their joint and several heirs, executors and admin- 
 istrators, and their respective lands, tenements, goods and chattels, 
 as -vyell their, and eactand every of their respective debts, as also 
 all and all manner of action and actions, suit and suits, cause and 
 causes of action and suit, both at law and in equity, which they the 
 said creditors executing these presents, or any or either of them, 
 their, or a,ny of their executors, administrators or assign^, now, 
 have, ever had, or at any times hereafter can, shall or may have, 
 claim, challenge or demand against them the said J S, E W and 
 R G, either jointly or severally, 'their, or either or any of their 
 heirs, executors or administrators, for or by reason or on account 
 of their said respective debts, so due to them as aforesaid, or for 
 or by reason or on account of any other matter, claim,> demand, 
 cause or thing whatsoever, antecedent to the day of the date of 
 these presents. 
 
 In witness, &e. (as before, on page 16). 
 
 [Seal.] 
 
 [Seal] 
 
 [Seal.]. - 
 
 [Seal.] 
 
34 PEACXICAL FORMS. 
 
 A shorter form of assignment of debtor's property, all the creditors 
 sharing equally. 
 
 This deed, made this day of , between J H of the city 
 
 of , party of the iirst pa,rt, M M of the said city, party. of 
 
 the second part, and the creditors of the said J E, of the third 
 part : Whereas the said J E is embarrassed in his pecuniary affairs, 
 and desires to secure his creditors the payment of their respective 
 claims against him, as far as his property will admit of, and with 
 that object in view, he has determined to convey his said property 
 in trust, as hereinafter contained: Now, therefore, this deed wit- 
 riesseth, that the said J E, in consideration of the premises, and of 
 the sum of five dollars to him in hand p^id by the said M M, the 
 receipt whereof is hereby acknowledged, hath granted and con- 
 veyed, and doth hereby grant and convey, unto the said M M, all 
 his the said J E's property and rights of property, real, personal 
 and mixed, of every kind and description, the same being enume- 
 rated and described, as far as remembered, in the sphedule here- 
 unto annexed, marked "Schedule A." To have a9id to hold the 
 said property and rights of property aforesaid, unto the said M M, 
 his heirs and assigns forever. In trust to collect, sue for, demand, 
 receive and recover all such sum or sums of money as may be due 
 and owing to the said J E, and to sell and dispose of all the real 
 and personal property embraced in said "Schedule A;" and from 
 the proceeds of such sales and collections as aforesaid, after pay- 
 ing all reasonable and proper costs, charges and expenses, includ- 
 ing a reasonable commission to himself, the said trustee M M, shall 
 pay to each and all of the creditors of the said J E, the full sum 
 that may be due and owing to the said creditors, a full and com- 
 plete list of which creditors is, as far as now remembered, con- 
 tained in "Schedule B," hereunto annexed. Should any creditor 
 or creditors of the said J E n,ot be embraced in said Schedule B, 
 his or their rights hereunder are not to be prejudiced thereby, and 
 if such sal,es and collections shall not be sufficient fully and en- 
 tirely to; pay off a,nd satisfy each and all of the said creditors of 
 the said J E, then the said trustee shall pay them pro rata, in pro- 
 portion to the amount due and owing, or to become due and owin^ 
 to each. 
 
ASSIGNMENTS. 35 
 
 In witness whereof, tte' said parties of tte first and second parts 
 have hereunto set their hands and affixed their seals the day and 
 year first herein written as the date hereof. 
 
 [Seal.] 
 
 [Seal.] 
 
 Schedule A — referred to in annexed deed. 
 
 One wardrobe. 
 
 One table, &c. 
 
 Bond of M L to J E, dated day of , for $ 
 
 Open accounts of J E against the following persons, and for the 
 following sums, to wit : 
 
 A '. |45 00 
 
 D M : 30 00 
 
 JQ 560 00 
 
 Negotiable note of D T for $ 
 
 (Signed) J E. 
 
 SoHEDULE B^-refeired to in annexed deed. 
 
 L P, open account against J E, for. ..'..$ 300 00 
 
 MNO.bondof J E for !.,.1000 00 
 
 L Q, P, negotiable note, dated day of , for 630 00 
 
 (Signed) J E. 
 
 Assignment of debtors' property , mahing preferred classes of 
 creditors. • 
 
 This deed, made this day of , 18 , between J L and 
 
 James D, partners under the firm and style of L & Co., parties of 
 the first part, M M, party of the second part, and the several credi- 
 tors of the said L & Co., enutaera;ted and specified in the schedule 
 hereunto annexed, parties of the third part : Whereas thfe said 
 L & Co. are justly indebted in sundry and considerable sums of 
 money, and have become unable punctually to pay and discharge' 
 the same, and are desirous of conveying their property and rights' 
 of property, as hereinafter mentioned : Now, therefore, this defed 
 witnesseth, that the said J L and James D, partners under the 
 firm and; style of L & Co., in lionsideration of the preimisesj-and of 
 the sum of five dollar's to' theim in hand paid, the' receipt whereof 
 
36 PRACTICAL FORMS. 
 
 13 hereby acknowledged, have granted, sold and conveyed, and do 
 by these presents grant, sell and convey unto the said M M, all 
 and singular the goods, chattels, rights and credits of the said L 
 & Co., and all other property of every kind and description be- 
 longing to them, or to either of them, a list of which property, 
 and of such rights and credits, is hereto annexed, marked Schedule 
 A, andis hereby specially referred to. To have and to hold such 
 goods, chattels, and rights and credits ai;<.l other property of every 
 kind an'd description as aforesaid, unto hira the said M M, his heirs 
 and assigns forever. In trust, nevertheless, and for the following 
 uses and purposes, to wit : First, to pay and satisfy from the 
 same the several and respective debts, notes, bonds and obli- 
 gations and sums of money due from the said parties of the 
 first part, to the several persons mentioned in the class of creditors 
 denominated and described as " First class creditors," of the said 
 pa;rties of the first part, in the Schedule B, hereunto annexed (if 
 not sufficient, then pro rata among them), and after fully paying 
 and satisfying such first class creditors as aforesaid, their whole 
 debts and claims as aforesaid, against the said parties of the first 
 part, then. Secondly, to pay and satisfy from the said rights, chat- 
 tels and property hereby conveyed, the several and respective 
 debts, notes, bonds and obligations and sums of money due or to 
 become due from the said parties^ of the first part, to the several 
 persons mentioned in the class of creditors denominated and de- 
 scribed as " Second class creditors'' of the said parties of the first 
 part in the said " Schedule B (if not sufficient, then pro rata 
 a,mong them) ; and after fully paying and satisfying such second 
 class creditors as aforesaid, their whole debts and claims as afore- 
 said^ against the said parties of the first part, then, Thirdly, to pay 
 and satisfy, from "the said rights, chattels and property hereby con- 
 veyed, the several, and respective debts, notes, bonds and obliga- 
 tions, and sums of money due or to become due from the said par- 
 ties of the first part to the several persons mentioned in the class 
 of creditors denominated and described as "Third class creditors" 
 pf the said parties of the first part, in said " Schedule B," and if 
 not sufficient, thfijji pro rata among them. 
 
 In executing tjij? trust, and to carry out the purposes thereof, 
 the said trustee is to proceed to colllct, himself, or by agents and 
 .attorneys appointed, hj l;iiraself, all and singular the notes, bonds, 
 
ASSIGNMENTS. ^7 
 
 bills and evidences of debt, and to make sale of the said property 
 of every kiad mentioned in " Schedule A ;'' aijd is to pay all the 
 just and reasonable expenses, costs, commissions and charges at- 
 tending the collection and management, or sale and disposition of 
 the said notes, bills, evidences of debt, property and rights of pro- 
 perty ; these costs and charges and commissions to be borne and 
 paid before any distribution of such collection or of 'Wie proceeds 
 of said trust property is to be made to any class of creditors, hereby 
 secured. 
 
 In witness whereof, the parties hereto' have hereunto set their 
 hands and seals on this day of 18 . 
 
 J L. [Seal.] 
 
 JAMES D. [Seal.] 
 
 Schedule A — ^referred to in annexed deed. 
 
 [Here describe the claims, property, &c. conveyed.] 
 
 , J L. 
 
 JAMES- D. 
 
 ScHEDTTLE B — referred to in annexed deed. 
 
 "First class creditors" of J. L. & Co. 
 
 M N, negotiable note dated day of • , for $6,200 00 
 
 PQ, bond dated , for 3,000 00 
 
 " Second class creditors'' of J. L. & Co. 
 E B 0, a note dated day of , due on the 
 
 dayof , for $1,120 00 
 
 L J M, single bill dated dayof 350 00 
 
 " Third class creditors" of J L & Co. 
 
 A B, open account $25 00 
 
 Denote 100 00 
 
 E F.bond for 420 00 
 
 &c. &c. 
 And all other creditors of the said J L & Co., if any ; whose names 
 would be inserted here, in this third class, if remembered. 
 
 J L. 
 
 JAMES D. 
 
38 PRACTICAL FORMS. 
 
 VII. 
 iPOWERS OF ATTORNEY. 
 
 A general power of attorney. 
 
 Kno^ all men by these presents, ttat I, James G, of the city of 
 , have made, constituted and appointed, and do by these 
 presents make, constitute and appoint (J D of the said city, my true 
 and lawful attorney, for me and in my name to ask, demand, sue 
 for, recover and receive, of and from all and every person or per- 
 sons whatsoever, all and every sum or sums of money due and 
 owing, or that may become due and owing to me on any and every 
 account; whether due or to become due or payable on bill, bond, 
 note, open account, will, deed pr otherwise, to give receipts and 
 acquittances for the same, or at his discretion to compound, com- 
 promise and agree for the same, and give discharges ; and also for 
 me and in my name to sign any bond, obligation, contract or agree- 
 ment, or other paper whatsoever, to draw and endorse promissory 
 notes, and the same to renew from time to time, to draw upon any 
 bank or banks, or any banker or bankers, or other individual or in- 
 dividuals, for any sum or sums of money that may be to my credit, 
 or which I may be entitled to receive, and the same to deposit in 
 any other bank, and again at his pleasure to draw for from time to 
 time, as I myself might or could do ; and also for me and in my 
 name to sell any part or parts of my real or personal estate which. 
 I am entitled,! to in my own right, or in common with othfers, or 
 howsoever I may be entitled to the same ; and to make all neces- 
 sary deeds, conveyances and assurances thereof, sealing, acknow- 
 ledging, executing and delivering the same ; and also for me and 
 in my name to do all such other acts, matters and things in rela- 
 tion ■ to my property, estate, affairs and business of every kind, 
 in the said city, or elsewhere in the State of , as I myself 
 
 might or could do if personally present, and acting therein, it being 
 my intention, by this power of attorney, to commit to the said D 
 the entire management, care and disposition of my property- and . 
 affairs, as fully and absolutely as I have now the management, care 
 and disposition of the same, in the State aforesaid ; and that this 
 
POWERS OF ATTORNEY. 39 
 
 power ehould be understood and taken in the most comprehensive 
 sense. And I authorize my said attorney one or more attorneys 
 under him to substitute, and again at his pleasure revoke ; hereby 
 ratifying and confirming whatever my_said attorney may lawfully 
 do hereunder. 
 
 In witness whereof, I have hereto set my hand and affixed my 
 seal on this day of 18 . -^ ■■ — ■. — ^ [Seal,] 
 
 Power of aitorn^ to. viercardile agent. 
 
 Know all men by these presents, that I, E M, have ma,de, con- 
 stituted and appointed, and do hereby make> constitute and ap- 
 poiiit J P my true, sufficient and lawful agent and attorney, to sell 
 all or any part of my goods and merchandise entrusted to the said 
 J P — said goods and merchandise to be mentioned and expressed 
 in invoices or particulars thereof, and which my said agent and 
 attorney, by his receipt, shall acknowledge to have received from 
 me — said sales to be made at such times and places, and on such 
 terms as my said agent and attorney may deem most to my advan- 
 tage, the proceeds of such sale or sales to be remitted to me in 
 good bill or bills of exchange, payable to me, or to my order, or 
 returns thereof to be ma'de in specie, as may be most conducive to 
 the furtherance of my interests : Giving and granting unto my said 
 agent and attorney, full power and authority in the premises, to 
 naake sales by Hmself or through the agency of others, to deliver 
 possession, receive the purchase mouey or good bills as aforesaid, 
 and grant receipts therefor, and generally to do all lawful acts and 
 things whatsoever concerning the premises, as fully, in every re- 
 spect, as 1 myself might or could do if I were personally present, 
 hereby ratifying and confirming wh,atever my said agent or attor- 
 ney shall, in my name, legally do or cause to be done in and about 
 the premises, by virtue of these presents. 
 
 In testimony whereof, I, the said E M, have hereto set my hand 
 and seal this day of "^ . ' [Seal.] 
 
 Tower of attorney to sell and convey lands. 
 
 Know all men by these presents, that I, B C, of , bave 
 
 made, constituted and appointed, and do hereby .make, constitute 
 and appoint A F of , my true, sufficient and lawful attorney. 
 
40 PRACTICAL FOKMS. 
 
 for me and in my name, to bargain, sell, grant, release and convey, 
 to such person or persons, and for sucB: sum or sums of money, or 
 other Consideration or considerations as my said attorney shall deem 
 most for my advantage and. profit, all that parcel of land situate, 
 lying and being in [here describe the property], and upon such sale 
 or sales, convenient and proper deeds, with such covenant or cove- 
 nants, general or special, of warranty, as to my said attorney shall 
 seem expedient, in due form of law, as my deed or deeds, to make, 
 seal, deliver and acknowledge, and for me, and in my name, to ac- 
 cept and receive all and every the sum or sums of money, or other 
 consideration or considerations whatsoever, which shall be coming 
 to me on account of the said sale or sales, and upon the receipt 
 thereof, suitable acquittance or acquittances, in my name and stead, 
 to make, seal and- deliver, and generally, giving to my said attor- 
 ney full power and authority touching the premises, to do, execute, 
 proceed and finish in all things, in as ample a manner as I might 
 do if personally present: Hereby ratifying and confirming all law- 
 ful acts done by my said attorney by virtue hereof. 
 
 In testimony whereof, I, the said B 0, have hereto set my hand 
 and seal this day of , in the year 
 
 -. ■ [Seal.] 
 
 Power of attorney to achnowledge a deed. 
 
 To all persons to whom these presents shall come, C E of , 
 
 sendeth greeting : Whereas I, the said C E, have signed, sealed, 
 and as my deed delivered, a certain deed bearing date the 
 day of , and made between and , as by the 
 
 said deed may appear: Now know ye, that I, the said E, have 
 made, ordained and constituted, and do hereby make, ordain and 
 constitute H A of , my true, sufiicient and lawful attorney, 
 
 ■for me, and in my name, place and stead, to appear before any jus- 
 tice of the peace of county, or any other oflBcer authorized to 
 receive such acknowledgment, and for me, and in my name, place 
 and stead, to acknowledge the said de*d to be my own proper act 
 and deed. , 
 
 In testimony whereof, I, the said C E, have set my hand and 
 seal this day of , in the year 
 
 [Seal.] 
 
POWEKg OB ATTORNEY. 41 
 
 Power of attorney to sell stock, and receive dividends. 
 
 Know all men by -these presents, that I, B D of , have 
 
 made, ordained and constituted, and do hereby make, ordain and 
 constitute H A of to he my true, sufficient and lawful. attor- 
 
 ney, for me and in my name, place and stead, to -sell and transfer 
 unto any person or persons whatever, and for such price as rny 
 said attorney shall think fit, shares of stock of the com- 
 
 pany' (or bank), and also for me and in my name, place and stead, 
 to make and pass all necessary acts of assignment, and to receive 
 and give receipts for the consideration money arising from the 
 sale thereof; and also for me and in my name, place and stead, 'to 
 receive and give receipts for all interest and dividends now due, 
 or that shall become due on the stock as aforesaid, until the sale 
 and transfer thereof : Hereby ratifying andr-con&ming all lawful 
 acts done by my said attorney by virtue hereof. 
 
 In testimony whereof, I the said B D have hereto set my hand 
 and seal this day of , in the year 
 
 • [Seal.] 
 
 Power of attorney to prosecute wn, execution vpon a jxtdgtaent recav- 
 ,ered by verdict, and receive the proceeds, da. 
 
 Know all men by these presents, that whereas I, B 0, lately re- 
 covered j.udgm,ent in the court of , against B D of .for 
 the sum of dollars cents, as by record of the said judg- 
 
 ment,, recorded in the said court, doth appear, upon which judginent 
 executio.n hath been lately, sued forth : Now, know ye, th3,t I, B 0, 
 have made, constituted and a,ppointed, and by Ijhese presents do 
 make, constitute and appoint JFof to be my trae and lawful 
 
 attorney, for me and in my: name to Sfie and prosecui;e the said 
 execution upon the said jud,gment ; and upon composition or agree- 
 ment niade concerning the said premises, to acknowledge satisfac- 
 tion, or to make and give any other release or discharge for the 
 same; and ajl and every other .such act apd acts, thing and things 
 whatsoever, do, as sh£|,ll be requisite" about the premises, as fully 
 and eiffectually as if I the said B was myself present and did 
 . the same ; I ihe said B hereby ratifying, allowing and confirm- 
 ing, and flgseeing to hold, ratify and confirm all and whia/tBoever 
 6 
 
42 PRACTICAL FORMS. 
 
 my said attorney stall lawfully do, or cause to be done by virtue 
 of these presents. 
 In witness, &c. (as before, on page 22). 
 
 [Seal.] 
 
 Power of attorney to draw, negotiate and endorse hills of 
 exchange, <£c. 
 
 Know all men by tbese presents, that I, F C of , bave 
 
 made, constituted, autborized and appointed, and by tbese pre- 
 sents do make, constitute, authorize and appoint R B of my 
 true and lawful attorney, for me and in my name, place and stead, 
 to m.ake and draw bills of excbange upon any person or persons, 
 on account of moneys due me for tbe sale of any goods, wares and 
 merchandise, and as my attorney, in my name, place and stead, to 
 subscribe tbe same ; selling and negotiating them for my best ad- 
 vantage, and receiving and holding the proceeds to my use. And 
 I do hereby give and grant unto my said attorney full power and 
 authority, for me, in my name, place and stead, to endorse any 
 bill or bills of exchange or other notes, which shall be drawn pay- 
 able to me, and the same to sell or negotiate for my best advan- 
 tage, receiving and holding the proceeds resulting from such sale 
 or negotiation, to my use. And generally, for me tbe said F 0, in 
 my name and to my use, to do or cause to be done all other lawful 
 acts, deeds, matters and' things,, which shall or may be requisite and 
 necessary to be done in and about the premises, as fully and effec- 
 tually, to all intents and purposes, as I, the said F 0, might or 
 could do if personally present and did the same : Hereby giving 
 and granting to my said attorney my whole power and authority 
 in the premises, and hereby ratifying, allowing and confirming all 
 and whatsoever my attorney shall lawfully, do or cause to be done 
 in and about the premises, by virtue of these presents. 
 
 In witness, &c. (as before, on page 22). 
 
 [Seal.] 
 
 Power of attorney' from one executor to the other to act in his 
 absence, exectde writings, dc. 
 
 To all to whom these presents shall come, "W W of , execu- 
 
 tor named and appointed in and by the last will and testament of 
 
POWERS OF ATTORNEY. 43 
 
 A W, late of , deceased, sendeth. grating : Whereas tlie said 
 
 A W, in and by his last will and testament, in writing, bearing 
 date the day of , in the year (and which is recorded 
 
 in the office of the clerk of , Will Book, vol. , page , 
 
 where, for further information, reference can be had), did nomi- 
 nate, constitute and appoint the said W W and F W executors of his 
 said last will and testament : And whereas the said A W departed 
 this life on or about the day of ' , in the year , without 
 having revoked or altered his said last will and testament in' all or 
 in any of the matters aforesaid, and since his death the said W W 
 and F W have duly proved his said will in the court of , and 
 
 taken upon themselves the execution thereof : And whereas the 
 said W W is shortly to depart- from for , and is desirous of 
 enabling, so far as he lawfully can, the said F W, the other execu- 
 tor of the said will, to act in the management and conduct of the 
 estate and affairs of the said testator, during his absence, as fully , 
 and effectually as if he, the said W W, were present, and actually 
 joining in all and every such act and acts as may be necessary for 
 that purpose : Now, know ye, that in order to carry such, the de- 
 sire of the said W W, into execution, and for the 'purposes afore- 
 said, he, the said W W, hath made, deputed, constituted and ap- 
 pointed, and .by these presents doth make, depute, constitute and 
 appoint the said F W to be his true and lawful attorney of 'Mm, 
 the said W W, in his name, on his behalf, as one of the executors 
 of the said last will and testament of the said A W, to transact, 
 manage and negotiate all and singular, matters and things what- 
 soever, which in any wise relate to or concern the management, 
 disposal or conduct of the estate and affairs of the said testator, 
 and to that end for him, the said W W, and in his name, and on 
 his behalf as executor as aforesaid, to settle, sign and seal if neces- 
 sary, and as his act and deed in due form of law, to deliver all and 
 every or any account and accounts, receipts, deeds, writings and 
 instruments whatsoever, which shall or may be, or to him, "the said 
 F W, shall seem necessary or expedient for. that purpose ; . and gene- 
 rally to do, execute and perform, or cause and procure to be done, 
 all and every or any acts, deeds, matters and things whatsoever, 
 any wise necessary or expedient to be done by or on behalf of him, 
 the said W W, in or about the management, disposal qr conduct of 
 the said testator's estate and affairs, or any part thereof, and all 
 
44 PRACTICAL FORMS. 
 
 and whatsoever his said attorney shall do or cause to be done, in 
 pursuance of the powers hereby granted, he, the said W W, doth 
 hereby, and at all times hereafter shall and will ratify, confirm and 
 allow. In witness, &c. (as before, on page 24). 
 
 : . [Seal.] 
 
 Power of aitorney to acJcTWwledge satisfaction on a mortgage. 
 
 To all persons to whom these presents shall come, H B of , 
 
 sendeth greeting : Whereas W F of , by indenture of mortgage 
 undeil his hand and seal, bearing date the dg-y of , in the year 
 
 , for the purpose of securing the payment of the sum of 
 dollars, which he was justly indebted unto the said H B, did give, 
 grant, bargain and sell unto the said H B, his heirs, &c., the pre- 
 mises in the said indenture described. To have and to hold the 
 same until the said sum of dollars, with the interest thereon, 
 should be paid him, the said H B, his heirs^ &c. (as by reference 
 being had to the said indenture, recorded in the clerk's office of 
 the court. Deed Book, vol. , page , will more fully and 
 at large appear) : And whereas the said W P hath paid tad satis- 
 fied the said debt of dollars, with the interest thereon accruing, 
 unto the said H B : Now, know ye, that the said H B hath made, 
 ordained, constituted and appointed, and by these presents doth 
 make, ordain, constitute and appoint A E of , his true and 
 lawful attorney, for him and in his name, to appear in the office 
 aforesaid, and there acknowledge satisfaction of the mortgage, and 
 note the same on the margin of the said Deed Book, for the debt 
 and interest, in full discharge of the said mortgage. And for so 
 doing, this shall be his lawful authority. In witness, &c. (as be- 
 fore, on page 24). _ [Seal.] 
 
 Power of aitorney to recei/ue the distributive share of an intestate's 
 
 estate. 
 
 Whereas J 0, my si^er, lately died iiltsstate, by means wtereof, 
 ;a.nd by virtue of the statutes made for better distributing intes- 
 J;at6 estates, I am become legally entitled to a distributiye share of 
 my sister's personal estate : Now, know all men by these presents, 
 that I, B '0, having and reposing great confidence in A W of , 
 
 Jiaye made, constituted and appointed, and by these presents do 
 
POWERS OF ATTORNEY. 45 
 
 make, constitute and appoint tHe said A W my true and lawful 
 attorney, for me, and in my name, to sue for, ask and demand, re- 
 cover and receive of and fromN T, administrator of the said J 0, 
 all my distributive share of the personal estate of my said sister, 
 which I am by law entitled unto, and all other sum and feums of 
 mone'y, goodsj chattels and personal estate whatsoever, which by 
 my said sister's dying ^intestate, or on any other account, belong, 
 or of right ought to belong to me ; and upon receipt thereof, ac- 
 quittances and other legal discharges forme and in my name, to. 
 give to the administrator of my said sister, for what niy said at- 
 torney shall receive, and to make any agreement or composition 
 for my said distributive share of my said sister's personal estate, 
 or for any other matter or thing due to me from her estate, and 
 [here insert clause for executing refunding bond] : whatsoever my 
 said attorney shall do or cause to be done in and about the premises, 
 I do hereby ratify and confirm the same as fully, to all intents and 
 purposes, as if I were personally present and did the same. 
 In witness, &c. (as before, on page 22). 
 
 [Seal.] 
 
 Power of attorney to receive and recover rents, arid to give discharges. 
 
 Know all men by these presents, that I, H S, of , for divers 
 good causes and considerations, me hereunto especially moving, 
 have made, ordained, constituted and appointed, and by these pre* 
 sents do make, ordain, constitute and appoint, and in my place and 
 stead, put and depute N of , my true and lawful attorney, 
 
 for me and in my name, and to my use, to «fik, demand, levy, re- 
 cover and receive of iand from B M of , the lessee of all that 
 messuage or tenement and premises-situate in , and also of and 
 from all other tenants or occupiers thereof, respectively, all sum 
 and sums of money uow in arrear for rent, ^or hereafter to grow due 
 for'rent for the same respective premises in ,; and on receipt 
 thereof, or of any part thereof, good and sufficient receipts and ac- 
 quittances in the law, for me, the said H S, and in my name, or in 
 his own name, as my attorney, to make an^d give for the same, as 
 the case shall, require, and on refusal or non-payment thereof,, or of 
 any part thereof, to commence and prosecute one or more action or 
 aetiona, or to make one or more distress or ^distresses for rent, and 
 
46 PRACTICAL FORMS. 
 
 to proceed therein as lie shall be advised, and to take all other 
 lawful ways, and means to compel the payment thereof, that he 
 shall judge expedient. And generally, for me, and in my name, 
 and to and for the uses and purposes aforesaid, to do and perform 
 all and whatsoever other acts, matters and things which shall be 
 requisite and necessary in the premises, as fully and amply, to all 
 intents and purposes, as if I, the said H S, were present and did 
 the same. And I do hereby ratify and confirm whatsoever the 
 said N 0, my attorney, shall Mwfully do or cause to be done 
 therein by virtue hereof.- 
 
 In testimony whereof, I, the said H S, have set my hand and 
 seal this day of , in the year 
 
 [Seal.] 
 
 Power of attorney to recover debts. 
 
 Know all men by these presents, that I, M P of , for divers 
 
 good causes and considerations, me hereunto especially moving, have 
 made, ordained, authorized, constituted and appointed, and by these 
 presents do make, ordain, authorize, constitute and appoint E N of 
 , my true and lawful attorney, for me, in my name, and to 
 and for my sole use and benefit, to bring to account and reckoning, 
 and to ask, demand, sue for, levy, recover, and to receive of and 
 from all and any person or persons whomsoever and wheresoever, 
 all sum and sums of money whatsoever, which they or any of them 
 shall or may be any ways indebted unto me, on any account what- 
 soever, and on receipt thereof, or ajiy part or parts thereof, for me, 
 in my name, and to my use, such good and sufficient receipts and 
 discharges to make and give for the same as the nature of the case 
 shall require, and to liquidate and discharge the same, and on 
 neglect or refusal from or by any such person or persons to pay all 
 or any such sum or sums of money, so due and owing unto me as 
 aforesaid, to take and use all such usual and customary legal ways 
 and means for compelling or securing the due payment thereof, by 
 action, suit, attachment or otherwise, howsoever, in my name, as 
 my said attorney shall; be advised, and for me, in my name and 
 for my use to- prosecute and defend all or any actions or suits, 
 either at law or in equity, attachment or other legal process, jqow 
 brought, or to be brought and commenced by, for or against me. 
 
POWERS OF ATTORNEY. 47 
 
 in any-' court or coutta of judicature in. , and therein to pro-' 
 
 ceed to judgment and execution tiiereon, or to disd^ntinue or com- 
 promise tlie same, as my said attorney shall be advised, or to do 
 any other act, matter or thing which shall be required and neces- 
 sary to be done on my part and behalf, in the proceedings, or car- 
 rying on or defending any such action or suit, so brought or to be 
 brought, as aforesaid, and also for me, and to or for my use, to de- 
 fray, pay and discharge all- sum and sums of money, debts, dues, 
 claims and demands which shall or may be justly due and owing 
 from, or accrue against me to any person or persons whomsoever, 
 on any account whatsoever, and to take and receive for the same, 
 such receipts and discharges as the case may require, and also for 
 me, in my name, and to and for my use and benefit, to do, trans- 
 act, execute and perform all and whatsoever other act, matters and 
 things which shall or may arise, and be requisite and necessary to 
 be done in and about, touching or concerning the management of 
 my affairs and concerns, or any of them, or in any manner rela- 
 tive thereto, and gen-erally, for me, in my name, and to my use, to 
 do and perform and execute all and whatsoever other acts, matters 
 and things which my said attorney shall judge requisite and neces- 
 sary, or to be advised to be done in and about the premises, as 
 fully and effectually, to all intents and purposes^ as if I myself 
 were present and did the same : I, the said M P, hereby ratifying, 
 allowing and agreeing, for myself, my heirs, executors and admin- 
 istrators, from time to time, and at all times hereafter, to ratify, 
 allow and confirm as good and valid, all and whatsoever my said 
 attorney shall , lawfully do or cause to be done in and about the 
 preinises by virtue hereof. 
 
 In testimony whereof, I,, the said M P, have set my hand and 
 seal this day of , in the year 
 
 [Seal.] 
 
 A shorter form of power of attorney to recover debts. 
 
 Know all men by these presents, that I, B M of , for divers 
 good causes and considerations me hereunto moving, have consti- 
 tuted and appointed, and by these presents do constitute and ap- 
 point WP of to be my true and lawful attorney, giving and 
 granting: unto him full power and authority, in my name, to ask, 
 
48 PBAOTICAL FORMS, 
 
 demand, sue for, levy, recover, receive, compound, acquit and dis- 
 charge any debf or debts, sum or sums of moiiey,, now owipg,, or 
 that may hereafter become owing me, the said B M, and upon re- 
 ceipt of the samS, or any part thereof, acquitta<nces or other proper 
 discharges to make, and generally, for me and in my n,ame, to 
 make, do, perform and execute all and every such further and 
 other acts, matters and things touching the premisea, as to the said 
 W P shall seem requisite, and that as fully and effeotiiajlly, to all 
 intentfe and purposes, as I myself could or might have done if I 
 had been present : Hereby ratifying and confirming aU and what^ 
 ever he shaE lawfully do o» cause to be, done in or about the 
 premises. 
 
 In, testimony whereof, I, the said B M, have hereunto set my 
 hand and seal this day of , in, the year 
 
 — [Seal..] 
 
 Power of attorney to receive a legacy. 
 
 Know all men by these presents, that whereas M S, late of , 
 by her last will and testament, did give and bequeath unto me, 
 A T of , dollars, to be paid unto me : And whereas 
 
 the said will of the said A T having been duly admitted to probate, 
 and E F is the executor thereof: Now, know ye, that I the said 
 A T have made, ordained, constituted, deputed and appointed, 
 and by these presents do make, ordain, constitute, depute and ap- 
 point B H of my true and lawful attorney, for me and in my 
 name, and to my use, to ask, demand and receive of and from the 
 said E F, the said legacy of , so given and bequeathed to me 
 the said M S, by her said will as aforesaid, and upon receipt there- 
 of by my said attorney, to deliver a receipt and release for the 
 same, or to give such other discharge as shall be sufficient : And I 
 do further nominate, constitute and appoint the said B H my true 
 and lawful attorney, for me and in my name, place and stead, to 
 execute and deliver all and every proper refunding bond or bonds, 
 with security, which may be required on the payment of said legacy : 
 Hereby, ratifying, allowing and confirming all and whatsoever my 
 said attorney shall lawfully do in the premises. 
 
 In witness whereof, I, the said A T, have hereunto set my hand 
 and seal ^this day of , in the year 
 
 ■- 1 [Seal.:] 
 
POWERS OF ATTORNEY. 49 
 
 Substitution under a poiuer of attorney. 
 
 Know all men by tkese presents, tlnat I, A B of , in pur- 
 
 suance and by virtue of the powers invested in me by P H of , 
 by a power of attorney under his hand and seal, bearing date the 
 day of , in the year , , have substituted, deputed and 
 
 appointed, and by these presents do substitute, depute and appoint 
 E F of , to be my true and lawful attorney to [here insert the 
 power contained in the original letter], giving, and by these pre- 
 sents granting unto the said E F my full and whole derived power 
 and authority in the premises, in as full and ample manner, to all 
 intents and purposes, as I have received the same from the said 
 P H, by the said hereinbefore mentioned power of attorney. I, 
 the said A B, as well for the said P H as for myself, hereby agree- 
 ing to ratify, allow, indemnify and confirm all aqd whatsoever 
 the said E F shall lawfully do therein, by virtue of this, my 
 substitution. 
 
 In testimony whei'eof, I, the said A B, have hereunto set iny 
 hand and seal this day of , in the year 
 
 -^ — ^ — ■ [Seal.]' 
 
 A seaman's power of attorney. 
 
 Know all men by these presents, that I, A B, for divers good 
 causes and considerations, me hereunto moving, have and do hereby 
 hamej and in my stead and place put and constitute C B of , 
 
 my true and lawful attorney, revocable, for me, in my name and 
 to my use, to ask, claim, demand and recover, and receive of and 
 from and , or whom else it may concern, all aud sin- 
 
 gular such salary, wages, tickets,, bounty money, prize money, 
 short allowance money, smart money, pensions, and all other sum 
 and sums of money whatsoever, as now is, or at any time or times 
 hereafter, shall be due, payable or belonging unto me for my own 
 or any other service or otherwise in any of the United States ships, 
 frigates or vessels, or any merchant ship or ships. And also, of 
 all other person or persons whatsoever, all and singular such other 
 sum or sums of money,-salary, wages, goods, wares, merchandises, 
 freights,, profits, rents and arrears of rents, debts, dues, duties, 
 olaiins and demands' whatsoever, which now is oi: at ariy'tiine here- 
 7 
 
50 PKACTICAL FORMS. 
 
 after shall be due, owing and payable, and belonging nnto me by 
 ajLj ways or means, right or title whatsoever, or howsoever, giving 
 and hereby granting unto my, said attorney, his substitutes and 
 assigns, all my authority and lawful power in the premises for re- 
 ceiving, recovering, obtaining, compounding and discharging the 
 same, as fully and eflfeotually as I myself might or could do, being 
 personally present, and acquittances, releases or any other dis- 
 charges in my name, to niiake, seal and deliver, and one attorney 
 or more to make, substitute and at pleasure revoke : Hereby rati- 
 fying and confirming all and whatsoever my said attorney, his sub- 
 stitutes and assigns, or any of them, shall lawfully do or cause to 
 be done in and about the premises by virtue of these presents. 
 
 In witness whereof, I have hereunto set my hand and affixed 
 my seal this day of , in the year 
 
 [Seal.] 
 
 \ 
 
 Mevocation of a power of attorney. 
 
 Know all men by these presents, that I, H B of , for divers good 
 causes and considerations me hereunto especially moving, have re- 
 voked, countermanded, annulled and made void and of no effect, 
 and by these presents do revoke, countermand and make void and 
 of no efi'ect, a certain power of attorney under my hand and seal, 
 bearing date the day of , in the year , to A of , 
 
 givfen, delivered and executed, and all powers and authorities 
 whatsoever therein expressed and declared. 
 
 In testimony whereof, I, the said H B, have hereunto set my 
 hand and seal this day of , in the year 
 
 [Seal.j 
 
 VIII. 
 AWARDS. 
 
 NOTE. 
 
 An award cannot be binding, unless due notice of the time and 
 place of meeting of the arbitrators is served on the parties, and all 
 
AWARDS. 61 
 
 reasonable opportunity of, being heard is granted to them. The 
 arbitrators may proceed ex parte, if the party fails to attend after 
 receiving suoh notice. 
 
 The laws of Virginia provide, that persons desiring to end any 
 controversy, whether there be a suit pending therefor or not, may 
 submit the same to arbitration, and agree that such submission may 
 be entered of record in any court. Upon proof of such agreement 
 out of court, or by consent of the parties given in court, in person, 
 or by counsel, it shall be entered in the proceedings of such court, 
 and thereupon a rule shall be made that the, parties submit, to the 
 award made in pursuance of such agreement. 
 
 Form xyf agreement for award. 
 
 Whereas certain questions and disputes, between A B of , 
 
 of the one part, and E G of , of the other part, have arisen 
 
 and are now depending ; Now^ therefore, for the finally ending all 
 such questions and disputes, and deciding the same, it is consented, 
 concluded and agreed, by and between the said A B and E G, that 
 the matters in controversy shall be, and are hereby referred and 
 submitted to the final award and determination of H K of , 
 
 M P of , and J S 'of , or any two of them, arbitrators 
 
 iadifierently chosen by the said parties, so as the said arbitrators, 
 or any two of them, do make their award or determination of and 
 concerning the premises, in writing under their hands and seals, 
 ready to be delivered to the said parties requiring the same, on or 
 before, the day of next ensuing the date of these presents. 
 
 And it is hereby mutually agreed by and between the said parties,- 
 that this submission shall be entered of record in the court of 
 
 the county of 
 
 In testimony whereof, the parties to these presents have Ijereunto 
 set their hands and seals this day of , , in the year 
 
 - ' '- — [Seal.] ■ , 
 
 ■■ [Seal.] 
 
 ForTn of an award. 
 
 Whereas J J of , of the one part, and A S of , of 
 
 the other part, have mutually entered into, and reciprocally exe- 
 cuted bonds or obligations to each other, bearing date the day 
 of , in the penal sum of , conditioned that the said par- 
 ties should, in all things, well and truly stand to, abide, observe, 
 
52 PBACTIOAL FORMS. 
 
 perform, fulfil and keep tte award, order, final end and determi- 
 nation of R B of , and N of , , arbitrators indifferently 
 cliosen^by the said parties, of and concerning all anS all manner 
 of disputes and difi'erences existing between tbe said parties, so 
 as tbe said award of tbe said arbitrators sbould be made on or be- 
 fore tbe day of , in tbe year , in writing, and ready 
 to be delivered to tbe said parties : Now, know ye, tbat we, tbe 
 said arbitrators, wbose names are bereunto subscribed, baving duly 
 examined into tbe cause or causes of difference existing between 
 tbe said parties by bearing tbe statements, proofs and allegations 
 of botb, do make and publisb tbis, our award between tbe said 
 parties, in manner following : [Tbe- remainder of tbe award must 
 be filled up as the circumstances of tbe particular case require.] 
 
 In testimony whereof, tbe parties to these presents have hereunto 
 set their hands and seals tbis day of , in tbe year 
 
 : [Seal.] 
 
 [Seal.] 
 
 An award hy an wm/pvre. 
 
 To all to whom these presents come, I, S T of , send greet- 
 
 ing : — "Whereas P of , of the one part, and A B and D 
 
 of , of the other part, have mutually entered into and recip- 
 
 rocally executed bonds' or obligations to each other, bearing date 
 the day of , in the year , in the penal sum 
 
 of , conditioned that tbe said parties sbould, in all things, 
 
 well and truly stand tq, abide, observe, perform, fulfil and keep 
 the award, order, final end and determination of E S of , 
 
 and B W of , arbitrators indifi'erently chosen by the said 
 
 parties, of and concerning all and all manner of action and ac- 
 tions, cause and causes of action and actions, suits, bills, bonds, 
 specialties, covenants, contracts, promises, accounts, reckonings. 
 Bums of money, judgments, executions, extents, quarrels, contro- 
 versies, trespasses, damages and demands whatsoever, botb in law 
 and equity, committed or depending by or between the said par- 
 tie?, so as tbe s^id award of the sajd arbitrators should be made 
 on or before the, day of , in tb? ye?,r . Bnt if the said 
 
 arbitrators sboiild not make such their, award of and concerning 
 %i^ said dig'eirences a,nd diaput^^, by t)ie tioi^^e aloresai^l, tJ^W ^ 
 
AWARDS. 58 
 
 the said parties should in all thing* well and truly stand to, abide, 
 observe, perform, fulfil and keep the award, order, arbitrament, 
 umpirage, final end, and determination- of such person, as should 
 thereafter be chosen by the said arbitrators between the said, par- 
 ties, of and concerning the said differences, so as the said umpire 
 should make his award or umpirage of or concerning the same, on 
 or before the . day of : And whereas, the said E S and 
 
 B W met upon the said arbitration, and did Uot make their award 
 between the said parties by the time limited in and by the condi- 
 tions of the said bonds, and iii pursuance of the said bonds have 
 chosen and appointed me as umpire to settle and determine the 
 matters in difference between the said parties : Now, know ye, that 
 I, the said S T, the umpire named and chosen as , aforesaid, hav- 
 ing taken upon me the burden of the said arbitrators,^ and having 
 heard and examined, as well the said parties as their respective 
 attorneys, and their respective witnesses, proofs and allegations on 
 both sides, of and concerning the said disputes and differences be- 
 tween them, and fully considered the same, and the matters to me 
 referred, do make this niy award and unipirage, in manner follow- 
 ing, that is to say [here the award must be inserted, according to 
 the various cases, the conclusion may be as follows] : And upon 
 the payment of the said sum of (or the performance of the 
 
 required condition), I do award and direct that the ^aid parties 
 shall duly execute and deliver to each other mutual relinquish- 
 ments 'in writing, of all and every action and actions,', cause or 
 causes of action, damages, claims and demands whatsoever, sub- 
 sisting or depending on or before the said day of last- 
 In testimony whereof, I, the said S T, have set my hand and 
 ee,al thip day of <■ , in the year 
 
 -.r-r-^- — ^^ [Seal.] 
 
 A nomination of an umpire hy two arbitrators. 
 
 Know all men by these presents, that we the undersigned, A 
 and B, arbitrators chosen to award and determine the matters in 
 difference between L P and J M, as appears by articles of agrees 
 ment made between the said L P and J M, and dated the day 
 of 1 18 , not having concluded and agreed upon the premises 
 
 to us referred as aforesaid, do hereby, according to and in pursue 
 auce of the power to us granted by the said articles of agreement, 
 
54 PRACTICAL FORMS, 
 
 nominate and appoint JF R of the city of , the sole umpire in 
 
 the premises, to conclude and determine and make his final award 
 and umpirage of all the matters, demands and differences in con- 
 troyersy between the said parties, referred to in said articles of 
 agreement aforesaid. 
 
 In witness whereof, we have hereunto set our hands and seals 
 on this day of , 18 . 
 
 [Seal.] 
 
 [Seal.] 
 
 IX. 
 BARGAIN" AJ^TD SALE. 
 
 Of goods and chattels. 
 
 Ktiow all men by these presents, that I, A B of , in con- 
 
 sideration of the sum of. , to me in hand paid by D of. , 
 .a;t or before the sealing and delivery of these presents, the receipt 
 whereof I do hereby acknowledge, have granted, bargained, sold 
 and confirmed, and by these presents do grant, bargain, sell, con- 
 vey and confirm unto the said G D, all the goods, household stuff 
 and implements of household mentioned in the following schedule, 
 to wit [here describe the articles] : to have and to hold all and 
 singular the said goods, household stuff and implements of house-- 
 hold, and every of them, by these presents bargained and soldj 
 unto the only proper Use and behoof of the said C D, his executors, 
 administrators and assigns, forever, freely, quietly, peaceably and 
 without any contradiction, claim, disturbance or hindrance of any 
 person whatsoever, and without any account to me, or to any other 
 whatsoever, to be made, answered, or hereafter to be rendered, so 
 that neither I, the said A B, nor any other for me, or in my name, 
 any right, title, interest or demand, of, in, to or for the said goods, 
 household stuff, and implements of household, or any part or parcel 
 thereof, ought to exact, challenge, claim or demand, at any time or 
 times hereafter, but from all action, right, ^estate, title, claim, de- 
 mand, possession and interest thereof, shall be wholly barred and 
 excluded by force and virtue of these presents. And I, the said 
 
BILLS OP EXCHANGE. 55 
 
 A B, for myself, my executors and administrators, all and singulg,r 
 tlie said goods and household stuff, unto the said D, his executors 
 and assigns, against me the said A B, my executors, administrators 
 and assigns, and against all and every other person or persons 
 whatsoever, shall and will warrant, and forever defend by these 
 presents. 
 
 In witness whereof, I, the said A B, have hereunto set my hand 
 and seal this day of , in the year 
 
 A B. [Seal.j 
 
 X. 
 
 BILLS OF EXCHAl^GE. 
 
 A bill of exchange is a written order for the payment of money, 
 issued from one place, and directed to another. If payable in the 
 same State or country in which it is drawn, it is " an inland bill." 
 If addressed to a party residing in a different State or country, 
 requiring him to pay a certain sum to his order, or to a third or 
 fourth party at a specified time, it is a " foreign bill of exchange." 
 
 By the law of Virginia, as it stood in" the Eevised Code of 1819, 
 p. 483, ch. 125, § 1, " All bills of exchange, or drafts for money in 
 the nature of bills of exchange, drawn by any person or persons re- 
 siding in this State, or any person or persons in the United "States, 
 or in the Territories thereof, or in the District of Columbia, shall 
 be considered, in all cases whatsoever, as inland bills of exchange." 
 But this provision has been omitted from the present Code (1860), 
 with the view to make such bills foreign bills. See Code, ch. 144, 
 § 9, and note of revisers on that section. The present statutes of 
 Virginia concerning bills of exchange and negotiable notes, are 
 contained in chapter 144 of the Code, sections 1-9. These sec- 
 tions are as follows :' ^ 
 
 " 1. If a person accept a bill of exchange, payable at the house 
 of a banker or other place, without further expression in his accep- 
 tance, such acceptance shall be deemed a general acceptance, and 
 the presentment of the bill for payment may be either at. such 
 place, or as it might have been if no such place had been spedified 
 
56 PRACTICAL FOKMS. 
 
 in the acoeptatice; If an acceptor shall, in his acceptance,- express 
 that he accepts the bill, payable at a banker's house or other place 
 only, and not otherwise or elsewhere, such acceptance shall be 
 deemed a quaHfied acceptance, and in such case the presentment 
 of the bill for payment shall be at the place specified in such quali' 
 fied acceptance. But as against the maker of a note or the ac- 
 ceptor of a bill, whether the acceptance be general or qualified, it 
 shall not be necessary to aver or prove presentment for payment 
 at the time or place specified in the note, bill or acceptance. Such 
 'maker or acceptor may, however, set up, as a matter of defence, 
 any loss sustained by him, by reason of the failure to make such 
 presentinent. 
 
 " 2. If a bill of exchange, wherein the drawer shall have ex- 
 pressed that it is to be payable iii any place other than that by him 
 mentioned therein to be the residence of the drawee, shall not, on 
 the presentment thereof for acceptance, be accepted, such bill may, 
 without further presentment to the drawee, be protested for non- 
 payment in the place in which it shall have been, by the drawer, 
 expressed to be payable, unless the amount thereof be paid to the 
 holder on the day on which the bill would have become payable, 
 had it been duly accepted. 
 
 "3. A bill or note which becomes due on a Sunday, shall be 
 payable and may be protested on the preceding day, and a bill or 
 note which becomes due on a Christmas day, or the first day of 
 January or fourth day of July, shall be payable and may be pro- 
 tested on the preceding day, -or if that be Sunday, then on the 
 preceding Saturday. 
 
 " 4. When a bill or note is protested, either under the preceding 
 ' section or otherwise, on the day preceding any Sunday, Christmas 
 day, first day of January or fourth day of July, notice of the dis- 
 honor thereof need not be given until the first day afterwards, 
 which is not Sunday, Christmas day, or the first day of January 
 or fourth day of July. 
 
 " 5. When a bill of exchange is accepted supra protest for honor, 
 or has a reference thereon in case of need, it shall not be necessary 
 to present such bill to such acceptor for honor, or to such referee, 
 until the day following that on which such bill shall become due, 
 and if the place of address on such bill of such acceptor for honor, 
 or of such referee, shall be in any town or place other than in the 
 
BILLS OF EXCHANGE. 57 
 
 1 
 
 town or place where sucli bill is therein made payable, then it shaE 
 not be necessary to forward such biU for presentment for payment 
 to such acceptor for honor or referee, until the day following that 
 on which such bill shall become due. 
 
 " 6. If the day following that on which such bill shall become 
 due shall happen to be a Sunday or Christmas day, or the first day, 
 of January, or the fourth day of July, then it shall not be neces- 
 sary to present it or forward it for presentment for payment to 
 such acceptor for honor or referee until the first day afterwards, 
 which is not Sunday or Christmas day, or the first day of January, 
 or fourth day of July. 
 
 " 7. Every promissory note, or check for money, payable in this 
 State at a particular bank, or at a particular office thereof for dis- 
 count and deposit, or at the place of business of a savings institu- 
 tion or savings bank, and every inland bill of exchange, payable 
 in this State, shall be deemed negotiable, and may, upon being dis- 
 honored for non-acceptance or non-payment, be protested, and the 
 protest be in such case evidence of dishonor, in like manner as in 
 the case of a foreign bill of exchange. 
 
 " 8. The protest, both in the case of a foreign bill, and ih the 
 other cases mentioned in the preceding section, shall be pri/mafacie 
 evidence of what is stated therein, or at the foot, or on the back 
 thereof, in relation to presentment, dishonor and notice thereof. 
 ♦ "9. When a bill of exchange drawn or endorsed within this 
 State is protested for non-acceptance or non-payment, there, shall 
 be paid by the party liable for the principal of such bill, in addi- 
 tion to whajfc else he is liable for, damages upon the principal, at 
 the rate of three per cerdum if the bill be payable out of Virginia 
 and Vithin the United States, and at the rate of ten per cemiwm if 
 the bill be payable without the United States." 
 
 FOEMS OF BILLS OF EXCHANGE, CHECK, IlBA^TS AlfB 
 PEOMISSOEY NOTES. 
 
 F&rm of, foreign hill of exchange. 
 
 New Yotk, May 8thj 18 . 
 £500 Sterling. 
 
 Sixty days after sight (or at days after date), 
 
 pay to this, my first bill of exchange (second and third of the same 
 8 
 
58 PEACTICAL FORMS. 
 
 tenor and date not paid), to Messrs. , or order (or bearer), 
 
 five hundred pounds sterling, value received of them, and place 
 the same to account, as per advice from . EH.' 
 
 To Mr. , in London. 
 
 $200 00. 
 
 Form of check. 
 
 Baltiiqore, Nov. 5tli, 18 
 
 Pay to H K, or order (or bearer), two bundred 
 dollars. L M. 
 
 Oasbier of Bank. 
 
 $500 00. 
 
 Forms of drafts. 
 
 Boston, Jan. 1st, 18 . 
 
 Six montbs after date, pay to my order, five bundred 
 dollars, for value received. B F. 
 
 To Mr. T J, Albany. 
 
 New York, Aug. 5tb, 18 . 
 $100 00. ■ . s . 
 
 Sixty days after sigbt, pay to B, or order, one hun- 
 dred dollars, for value received. J H. ' 
 To W F & Co., Philadelphia. 
 
 Promissory notes. 
 
 $^75 00. . . • N-Y-k.Feb.7th,18 . 
 
 Three montbs after date, I promise to pay A B, or 
 order,- three hundred and seventy-five dollars, for value received. 
 
 H B. ■ 
 
 Baltimore, March 8th, 18 . 
 Thirty days after date, I promise to pay B E, the sum of six 
 bundred dollars, with interest thereon, at the rate of six^er centum 
 per armvm, from this date till paid, for value received. 
 
 T S. 
 
BILLS OF SALE. 59 
 
 Form, of negotiable note. , 
 
 Ninety days after date, I promise to pay W E, or order,, the sum 
 of three hundred and fifty-nine dollars, negotiable at the bank, 
 without offset, for value received. P. 
 
 XI. 
 BILLS OF SALE. 
 
 Bill of sale of a ship. 
 
 Know all men by these presents, that I, B A, of , for and 
 
 in consideration of the sum of dollars, good and lawful money 
 of the United States, to me in hand well and truly paid, at and 
 before the sealing and delivery hereof, by D C of , the receipt 
 
 whereof I do hereby acknowledge, have granted, bargaine'd, sold, 
 assigned, transferred and set over, and by these presents dd: fully 
 and absolutely grant, bargain, sell, assign, transfer and set over 
 unto the said D 0, all that ship or vessel called the , and now 
 
 lying within the port of , together with»all and singular the 
 
 masts, sails standing and running, rigging, ropes, cable, anchors, 
 boats, oars, tackle, apparel, furniture and appurtenances whatso- 
 ever to the said ship or vessel belonging. To have and to hold the 
 said ship or vessel called the , and all and singular the premises 
 hereinbefore mentioned, and hereby bargained and sold or intended 
 so to be, and every part and parcel thereof, with the appurtenances, 
 unto the said D C, his executors, administrators and assigns, to and 
 for his and their own proper use and benefit, and as his own pro- 
 perty, goods , and chattels from henceforth forever. And I, the 
 said B A, do for myself, my heirs, executors and administrators, 
 and for every of them, covenant, promise and agree to and with 
 the said D 0, his executors, administrators and assigns, in manner 
 following (that is to say) : that I, the said B A, at the time of the 
 sealing and delivery hereof, have in myself good right, full power, 
 and lawful and absolute authority, by these presents, to grant, 
 sellj assign, transfer and set over the said ship or vessel called the 
 
60 PRACXICAl FORMS. 
 
 , and premises, with tte appurtenances, unto the said D G, 
 .his executors, administrators and assigns, in manner and form and 
 according to the true intent and meaning of these presents. And 
 ■also, that the said ship or vessel, and premises hereby bargained 
 and sold, and every part and parcel thereof, with the appurte- 
 nances, shall from henceforth forever after remain, continue and 
 be unto the said D 0, his executors, administrators and assigns, 
 free and clear, and freely and clearly acquitted, exonerated and 
 discharged of and from all other bargains, sales, gifts, grants, 
 titles, judgments, debts, charges and incumbrances whatsoever. 
 In witness whereof, I hereto set my hand and affix my seal this 
 day of ' 1 in the year . '^^- [Seal.] 
 
 £iU of sale of a ship, from two persons, each of a rrundy^ 
 
 Know all men by these presents, that we," A B, of , owner 
 
 of one full moiety or half part, of and in that good ship or vessel 
 called the , and C D, of , owner of the other full aad 
 
 equal moiety or one-half part of the said good ship or vessel, for 
 and in consideration of our several full and equal half parts or 
 moieties of the sum of dollars, lawful money of the United 
 
 States, to us in hand paid, at or before the sealing and delivery of 
 these presents, by E F of , the receipt whereof we do hereby 
 
 severally acknowledge, have severally granted, bargained, sold, as- 
 signed, transferred and set over, and by these presents each of us 
 doth respectively, fully and absolutely grant, bargain, sell, assign, 
 transfer and set over unto the said E F, his heirs, executors or ad- 
 Eiinistratars, forever, the one full or equal moiety or half part of 
 and in all the aforesaid ship or vessel called the , of the 
 
 burden, of tons, or thereabouts, now lying in , whereof 
 
 eaph of theifi. is declared to, be owner, as aforesaid, and also of and 
 in all. and singular the masts, rigging, sails standing and running, 
 ;:opes, cables, anchors, boats, oars, tackle, furniture and appurte- 
 nances whatsoever, to the said ship or vessel belonging or in any 
 wise appertaining : to have and to hold the said moieties or haif 
 parts of awd in the said shjp or vessel called the , and all and 
 singular the other premises hereinljefore mentioned, and hereby 
 bargained and sold or intended so to be, and every part and parcel 
 theueof, with the appurtenances, aoto the said E F, his heirs, ex- 
 
BONDS. 61 
 
 ecutors and administrators, to and for his and tteir own proper use 
 and benefit, and as Ms own proper goods and chattels, from hence- 
 forth, forever. And we, the said A B and D, do hereby seve- 
 rally and reapectiyely and not jointly nor one for the other, nor 
 for the other's act, but each for himself only, his heirs, &c., cove- 
 nant, promise and agree that each of ns, the said A B and 1), at 
 the time of the sealing and delivery of these presents, have in our- 
 selves good right, full power, and lawful and absolute authority to 
 grant, bargain, sell, assign, transfer and set over the said moiety or 
 half part of us, the said A B and D, in the said ship or vessel, 
 with the a,ppurtenances, by us respectively sold unto the said E F, 
 his heirs, (&c., and that our said several moieties or half parts of 
 and in the said ship or vessel, with its appurtenances, by us respec- 
 tively sold, as aforesaid, now are, and so from henceforth, forever, 
 shall be and remain and continue unto the said E F, his heirs, &o., 
 free and clear from aU claim or claims of us, the said A B and 
 D, or any other person pr persons whatsoever. 
 
 In witness whereof, we have hereto set our hands and seals this 
 day of , in the yeair . A B. [Seal.] 
 
 C -D. [Seal.] 
 
 XII. 
 BONDS. 
 
 £o7td for the pm/Toent of m/mey hy mstalhnents. 
 
 Know all men by these presents, that I, Daniel T), am held and 
 firmly bound unto Cornelius 0, in the just and full sum of one 
 thousand dollars, to the .payment whereof well and truly to be 
 made to the. said Gornelius 0, his executors, administrators and as- 
 signs, I promise and bind myself, my heirs, executors and admin- 
 istrators) firmly by these presents. Sealed with my seal and dated 
 on this day of , in the year 18 . 
 
 Tl^ condition of the above obligation is such, that if the above 
 bound Daniel D shall well and truly pay to the said Cornelius C, (*) 
 the sum of one hundred and twenty-five dollars on the first day 
 of , in the year 18 ; the farther sum of one hundred and 
 
62 PRACTICAL FORMS. 
 
 twenty-five dollars on the firdt day of , in the year 18 ; the 
 
 farther sum of one hundred and twenty-five dollars on the first 
 day of , in the year 18 ; and the farther sum of one hun- 
 
 . dred and twenty-five dollars on the first day of , in the year 
 
 "18 , then the above obligation is to be void, otherwise to remain 
 in full force and virtue. • DANIEL D. [Seal.] 
 
 Short form of single hill or hond to the same effect as the preceding. 
 
 On the first day of , in the year 18 • , I promise to pay to 
 
 Cornelius the sum of one hundred and twenty-five dollars ; on 
 the first day of , in the year 18 , 1 promise to pay to the 
 
 said Cornelius the farther sum pi one hundred and twenty-five 
 . dollars; on the first day of , in the year 18 ,1 promise to 
 
 pay to the said Cornelius C the farther sum of one hundred and 
 twenty-five dollars, and on the first day of , in the year 18 , 
 I promise to pay to the said Cornelius C the farther sum of one 
 hundred and twenty -five dollars ; to the payment of which several 
 sums well and truly to be made to the said Cornelius C, at the 
 (respective periods aforesaid, I bind myself and my heirs, executors 
 and administrators, firmly by these presents. 
 
 Witness my hand and seaP- on this day of , in the 
 
 •year 18 . [Seal.] 
 
 ^ If given by two persons: — Substitute "we" in lieu of "I," 
 wherever it occurs ; and in place of words in italics, say : " we 
 bind ourselves and our heirs, executors and administrators, jointly 
 and severally, firmly by these presents. Witness our hands and 
 
 JBond for the payrhent of money by instalhnents, given by two 
 persons. 
 
 Know all men by these presents, that we Daniel D and Samuel 
 S are held and firmly bound unto Cornelius C in the just and full 
 sum of one thousand dollars, 'to the payment whereof well and 
 truly to be made to the said Cornelius C, his executors, adminis- 
 trators or assigns, we promise and bind ourselves and our%eirs, 
 executors and administrators, jointly and severally, firmly by these 
 presents. Sealed with our seals and dated this day of 
 in the year 18 . 
 
BONDS. 63 
 
 The condition of the above obligation is such, that if the above 
 bound Daniel D and Samuel S shall well and truly pay to the said 
 Cornelius (J, &c., &c., (as in form on page 61, from the (*) to the 
 end). • DANIEL D. [Seal.] 
 
 SAMUEL S. [Seal.] 
 
 "This bond may be used, whether the obligors are both of 
 them debtors to the obligee, or one of the obligors is surety for 
 the other ; or, in lieu thereof, the following : 
 
 Know all men by these presents, that we A B and E M are held 
 and firmly bound unto D, in the just and full sum of dollars; 
 to the payment whereof, well and truly to be made to the said E F, 
 his executors or administrators, we bind ourselves, our heirs, ex- 
 ecutors and administrators, jointly and severally, firmly -by these 
 presents. Sealed with our seals and dated this day of , 
 
 in the year 18 . 
 
 The condition of the above obligation is such, that if the above 
 bound A B and E M, or either of them, or their or either of their 
 heirs, executors or administrators, shall well and truly pay to the 
 above named C D, his heirs, executors or administrators, the full 
 sum of dollars, with interest thereon after the rate of 
 
 dollars for every one hundred dollars for a year, on the days and 
 times, and in manner following (that is to say) : the sum of 
 dollars, part thereof, with interest thereon after the rate aforesaid, 
 on the day of , next ensuing the date of the above writ- 
 
 ten obligation, and which will be in the year of our Lord ; 
 
 the sum of dellars, other part thereof, with interest for the 
 
 same after the rate aforesaid, on the day of ' , then next 
 
 following ; the sum of dollars, residue thereof, with interest 
 
 for the same after the rate aforesaid, on the day of , then 
 
 next ensuing, and which will be in the year of our Lord , 
 
 then this obligation to be void : but if default shall be made in 
 payment of any or either of the said several and respective sums 
 of money, with the interest thereof respectively, in manner afore- 
 said, or any part of them, on any of the said days and times above 
 mentioned for payment thereof, according to the true intent and 
 meaning of these presents, then this obligation is to remain in full 
 force and virtue. A B. [Seal.] 
 
 E M. [Seal.] 
 
64 PRACTICAl FORMS. 
 
 Arbitration bond. 
 
 Know all men by these presents, tliat I, H K of , am held 
 
 and firmly bound unto F G of , in the sum of dollars, lawful 
 money of the United States, to be paid to the said F Gr, or to his 
 certain attorney, executors, administrators or assigns, for which 
 payment, to be well and truly made, I bind myself, my heirs, ex- 
 ecutors and administrators, firmly by these presents. Sealed with 
 my seal and dated the day of , in the year 
 
 The condition of the above obligation is such, that if the above 
 bound H K, his executors and administrators, and every of them, 
 do and shall, for his and their part and behalf, in and by all things 
 well and truly stand to, obey, abide, observe, perform, fulfil and 
 keep the ^award, order, arbitrament, final end and determination of 
 (of any two of them), arbitrators indifferently chosen, elected 
 and named, as well by and on the part and hehalf of the said H K, 
 as by and on the part and behalf of the above named F G, to arbi- 
 trate, award, order, judge, determine and agree, for, upon, touch- 
 ing and Concerning all manner of action and actions, cause and 
 causes of actions, suits, bills, bonds, specialties, covenants, con- 
 tracts, promises, accounts, reckonings, sums of money, judgments, 
 executions, quarrels, controversies, trespasses, damages and de- 
 mands whatever, both at law and in equity, at any titne heretofore 
 had, moved, brought, commenced, sued, prosecuted, done, suffered 
 or committed by or between the said parties, so as the award of the 
 said arbitrators (or any two of them) be made and set down in 
 writing, indented under their (or any two of tEeir) hands and seals, 
 ready to be delivered to the said parties in difference, on or before 
 the day of (*), then this obligation shall be void, other- 
 
 wise the same shall remain in full force and authority. 
 
 H K. [Seal.] 
 
 When to be made before an v/mpire: — Follow preceding form 
 to the (*), then say : " And if the said arbitrators shall not make 
 such their award of and concerning the premises, within the time 
 limited as aforesaid, then if the said H K, his heirs, executors and 
 administrators, and every of them, for his and their part and be- 
 half, do and shall well and truly stand to, observe, perform, fulfil 
 and keep the award, determination and umpirage of G (being a 
 
BONPS. 65 
 
 person indifferently ns|,med and chosen by'tlie said parties for unjT 
 ■ pire), in and concerning the premises, so as the sai,4 .umpire dp inake 
 and set down his award and umpirage' in writing, indented under 
 his hand and seal, ready to be delivered to th^ said parties in dif- 
 ference, on or before the , day of , , in the year , tihen 
 this obligation ,^all be voi^, pthprwi^e th.e same shajl remain in 
 fiijl force and authority." , , 
 
 Whm to lie made a rule of court: — Follow preceding . fp^pa tp 
 the (*), then say : " AncJ it is hereby agreed by ^.nd between the 
 said parties,. that these presents, and the' ^ubmissjon, hereby jn,ade 
 of the said matters in controversy, shall be made, a rule of the , 
 cpurt of , to the end the said parties in difference shall be 
 
 • finally concluded by the said arbitration by these presents in- 
 tended, pursuant to, the statute in/that case made and provided." 
 
 Ifidemmfying bond givgn to sheriff on making a levy of fieri facias, 
 ■ ' {Code- Va., ch. 152, § 4.) 
 
 Know all men by these presents, that we,, Eobert G and Samuel 
 S, are held and firmly bound unto Lemuel L, sheriff of the ootinty 
 of H, in the sum of >' dollars ;^ to the payment whereof, well and 
 truly to be made unto the' said' Lemuel L, sheriff as aforesaid, we 
 bind ourselves, and otir heirs, executors and' adpiinistrators, jointly 
 and severally, firmly by these presents. Sealed with pu'r seals and 
 dated this day pf , in th« year 18 . 
 
 The cpndition of the above obligation is such, that whereas the 
 above named Eobert ,0, upon a judgment obtained by .him in the 
 court. of the* county of , against Daniel D, has sued out 
 
 a writ oi fi&ri facias for taking the goods and chattels of the said' 
 ' Daniel D, to satisfy him, the said Eobert 0; the sum of dollars, 
 with interest thereon, at th^ arate of six per centum per annupi, 
 from-the day of ' , 18 , till paid, and dollars costs ;, 
 
 which writ is directed to the sheriff pf the said cpijnty ; arid J K, 
 depnty fpr Lemuel L, sheriff of the said county, haalevied the said 
 execution on the following property, to wit [here specify it] : and 
 a do^t arising whether the said -property is liable to such' levy, 
 the said sheriff has applied to the said ^Eobert C' for an indemni- 
 
 ^A penalty ec[ual to double the value .o;f the property levied on. 
 
66 PRACTICAL FOEMS. 
 
 • 
 
 fying bond, according to the statute in snch case : Now, if the said 
 Eobert and Samuel S, their heirs, executors and administrators, 
 shall indemnify the said Lemuel L, the sheriff aforesaid, against all 
 damages which he may sustain in consequence of the seizure or sale 
 of the property on which the said execution has been levied, and 
 moreover shall pay to any claimant of such property all damages 
 which he may sustain in consequence of such seizure or sale, and 
 shall warrant and defend to the purchaser or purchasers of the 
 property such estate or interest therein as shall be sold under the 
 said execution, then the above obligation is to be void, otherwise it 
 is to remain in full force and virtue. EOBEET 0. [Seal.] 
 
 SAMUEL S. [Seal.] 
 
 TJsual forthcoming bond. 
 
 Know all men by these presents, that we Daniel D and Saifluel 
 S are held and firmly bound unto Oprnelius C, in the sum of 
 dollars, to the payment whereof, well and truly to be made to the 
 said Oorrlelius 0, his executors, administrators or assigns, we bind 
 ourselves and our heirs, executors and administrators, jointly and 
 severally, firmly by these presents. Sealed with our seals and 
 dated this day of ', , 18 . 
 
 The condition of the above obligation is such, that whereas the 
 above named Cornelius 0, upon a judgment obtained by him in 
 the court of county, against Daniel D, has sued out a 
 
 Writ of fieri facias for taking his goods and chattels, which writ is 
 directed to the sheriff of the said county, and by virtue thereof 
 the following goods and chattels, to wit [here specify them], have 
 been taken by J K, deputy for Lemuel L, sheriff of the said county 
 to satisfy the said execution, the amount whereof at this time, in- 
 cluding the sheriff's fee and comrdissions, is dollars, and the 
 said Daniel D, the owner of the goods and chattels so taken, desires 
 that the said goods^ and chattels should be suffered to remain 
 in his possession and at his risk until the day of sale, and has 
 offered to give sufficient security to the sheriff to have the same 
 forthcoming at that time : Wow, if the said Daniel D shall have 
 the said goods and chattels forthcoming on the day of 
 next, at , being the day and place of sale appointed by the 
 sheriff, then the above obligation is to be void, otherwise it is to 
 remain in full force and virtue. DANIEL D. [Seal.] 
 
 SAMUEL S. [Seal.] 
 
BONDS. . 67 
 
 ■Sitspendmg bond. ( Under -Code Va., ch. 152, § 6.) 
 
 Know all men by ttese presents, ttat we, .0 C and Kobert.S, are 
 held and firmly bound unto Lemuel L, sberiif of tbe county of . , 
 in the just and full sum'of dollars, to the payment whereof, 
 
 well and truly to be made to the said Lemuel L, sheriff as afore- 
 said, his heirs, executors and administrators, we bind ourselves 
 and our heirs, executors and administrators, jointly and severally, 
 ■firmly by these presents. Sealed with our seals and dated this 
 day of , 18 . 
 
 The condition of the above obligation is such, that whereas Cor- 
 nelius E, upon a judgment obtained by him in the court of 
 county, against Daniel D, has sued out a writ of fieri facias 
 for taking his goods and chattels, which writ is directed to the 
 sheriff of said county, and by virtue thereof the following goods 
 and chattels, to wit [here specify them], have been taken by J K, 
 deputy for Lelnuel L, shferiff of the said county, to satisfy the said 
 execution i and whereas the above named Cilly C, at the time of 
 the levy aforesaid, claimed the said goods and chattels, and the 
 sheriff having required of the said Cornelius R an indemnifying 
 bond, the said Cornelius R has executed such indemnifying bond, 
 with Benjamin P as his surety ; and the said Oilly C now desiring 
 to suspend the sale of said property, agrees to execute his bond, 
 with the said Robert S as his security : Now, therefore, if the above 
 bound Oilly and Robert S shall well and truly pay to all per- 
 sons who may be injured by suspending the sale of the said goods 
 and chattels so levied on, until the claim thereto can be adjusted, 
 such damages as they may sustain by such suspension, then the 
 above obligation shall be void, otherwise to remain in full force 
 and virtue. , .CILLY C, [Seal.J 
 
 ROBERT S. [Seal.] . 
 
 Forthcoming bond given (after a suspending bond has been given), so 
 as to permit property to remain in siioh possession as it was before 
 the leoy. {Code Va., ch. 152, § 7.) 
 
 Know all men by these presents, that we, C and Robert S, are 
 held and firmly bound unto Cornelius R in the sum of dollars, 
 to the payment whereof, well and truly to .be made to the said 
 
6S . PRACTICAL JORMS. 
 
 Cornelius E, his executol's, administrators or assigns, we bind our- 
 selves and, our heirs, 'executors and administrators, jointly and 
 severally, iirmly by these, presents. • Sealed , witb our seals and 
 dated this day of , 18 . 
 
 The condition of the above obligation is .such,- that whereas ths 
 above named Ootnelius E, upon a' judgment obtained by him in 
 the ooTirt of county, against Daniel D, has sued out a 
 
 writ of fieri facias ioi taking his goods and chattels, which writ is 
 directed to the sheriff of the said county ; and by virtue thereof, 
 the following goods and chattels, to wit [here specify them], have 
 been taken, by J K, deputy for Lemuel L, sheriff of the said county, 
 to' satisfy the Said execution, the amount whereof at this time, in- 
 cluding the sheriff's fee and commissions, is ' dollars ; and, the 
 eaid C having claimed as his property th« said goods and chat- 
 tels, the said Cornelius E indeninified the said sheriff, by executing 
 an indemnifying bond, and the said C has executed 'a suspending 
 bond to suspend the sale of the said goods and chattels until the^ 
 claim thereto can be adjusted j and the said claimant C desiring 
 the said goods and chattels to remain in such possession as they 
 were immediately before the leyy, executes this bond, with said 
 Eobert 8 as his security, according to law: Now, therefore, if the 
 skid goods and chattels so levied on, shall be forthcoming at such 
 day and place of sale, as may hereafter be lawfully appointed, then 
 the aboVe Qbligation shall be void, otherwise it is to remain in full- ■ 
 force and virtue. 0. [Seal.] • 
 
 EOBEET B. [Seal.] ' 
 
 Mounding bond to executor on his payi-n^ a legacy. 
 
 Know all men by these presents, that we, B C and E M, are held 
 and firmly bound unto D, executor of the last will and testa- 
 ment of H K deceased, in the just and full sum of dollars,, 
 •to the. payment whereof, well and truly to be made to the said 
 Q t>, executor as aforesaid, his executors, administrators or assigns, 
 we bind ourselves, our heirs, executors and administrators, jointly • 
 an(|. severally, firmly by these presents. Sealed with our seals and 
 dg,ted this day of , in the year 18 . 
 
 "Whereas H K, late of , deceased, did, by his last will -and 
 
 testament, beating date the day of , in the year 
 
 give and bequeatli untc? ^ 0, the sum of dollars, as by refer- 
 
BONDS. , 69 
 
 ence being had to the said will, recorded in ths clerk's-, office of 
 . court, Will Book, vol. ■ , page . •, will more fully appear ; 
 and the said B now desires the said legacy to be paid to him, 
 and D, the executor of said will, haying .agreed to pay the same 
 to him, and has paid the sarae to said D, cotemporaneously with 
 his the said B C's executing this refunding bond, as required by law, 
 and' the said B C executes this his refunding bond, with the said 
 B M his surety: Now, therefore, if the said B shall, tefund a 
 due proportion of any debts or demands which may hereafter ap? 
 peap against the- decedent H K, and of the cost's attending their' 
 recovery, then the above obligation shall be void, otherwise to re- 
 main in full force and virtue. BO. [Seal.J 
 
 ■ ■' •. EM. [Seal.] ,. 
 
 iBowi frow, lessee and his surety to, pay rent according to lease. 
 
 Enow "all men by these presents, that we, G T, principal, and 
 R M, surety, are held and firmly bound unto M P, in the just and 
 full sum of dollars, to the payto'eint whereof, well aitd truly 
 
 to be made to the said M P, his executors, adrttihistrators or assigns, 
 we bind ourselves, our heirs, executors aftd administrators' jointly 
 and severally, firmly by thdse presents. Sealed with our s^als and 
 dated this day of , in the yea? 18 . 
 
 "Wheteas the above named M P, by his indenture of lea-se, bear-', 
 ilig eiren date with, and exectited before the above written obliga- 
 tion, for the consideration in the said lease mention'ed, hath leased 
 to the above bound Q T,- a messltage or tenement, with the appur- 
 tenances, situated in , to hold unto him the said G T, his 
 executors, &c., for the term of years, from thence next ensu- 
 ing, determinable, netertheless, at the end of the first years 
 of the said term, if the said G T, his executors, &c., shall give 
 months notice thereof, in manner therein- mentioned, at and under 
 the yearly rent of dollars, payable quarterly, in manner as 
 is therein expressed, as by the said lease may more fully appear : 
 Now, the condition of this obligation is such, ,that if the above 
 * bound G T and R M,- or either of them, or either of their heirs, 
 executors, &q., shall- and do, during the continuance of the said 
 recited lease, well and truly pay, or cause to be paid, the said 
 yearly rent or sum of dollars, unto the said M P, her heirs, 
 &e.. On -the four (Quarterly days following, viz : on the day of 
 
70 PEACTICAL FOEMS. 
 
 next ensuing the date of this obligation, on the day of 
 
 , on. the dg,7 of , and on the day of , in 
 
 the year , by four even and equal portions, or within 
 
 days next after every of the said quarter days, according to the 
 true intent and meaning of the lease above referred to (subject, 
 nevertheless, to the determination thereof, in manner as aforesaid), 
 then the above written obligation to be void and of no effect ; but 
 if default shall happen to be made of or in any of the said quar- 
 terly payments, then the same shall remain in. full force and virtue. 
 
 [Seal.] 
 
 ■■ : [Seal.] 
 
 Bond to one bound for the ohligor in a hand for the payment of 
 
 money. 
 
 Know all men by these presents, that we, D, principal, and 
 E M, surety, &,re held and firmly bound unto A B, in the'just and 
 full sum of dollars, to the payment whereof, well and truly to 
 
 be made to the said A B, his executors, administrators or assigns, we 
 bind ourselves, our heirs, executors and administrators, jointly and 
 severally, firmly by these presents. Sealed with our seals and 
 dated this day of , in the year 18 . 
 
 Whereas the above named A B, at the special instance and re- 
 quest of the above bound D, together with him the said D, is, 
 in and by one obligation, bearing even date with the above written 
 obligation, held and firmly bound unto E F of , in the penal 
 
 sum of dollars, lawful money of the United States, condi- 
 
 tioned for the payment of the sum of dollars, with interest 
 
 thereon after the rate of ,per centum, on the day of ' , 
 next ensuing the date of the said recited obligation, as. in and by 
 the said recited obligation and condition thereof may more fully 
 appear : Now, the condition of this obligation is such, that if the 
 said D, his heirs, executors or administrators, do and shall w;ell 
 and truly pay or cause to be paid unto the said E F, his heirs, 
 executors, adniinistrators or assigns, the said sum of dollars, 
 
 with interest for the same, after the rate of per centum per ' 
 
 annum, on the day of , next ensuing the date of the said 
 
 recited obligation, according to the true intent and meaning there- 
 of, and in full discharge and satisfaction of the said recited obli^ 
 gation, and if the said G D, his heirs, executors or administrator^^ 
 
BONDS. f 71 
 
 shall also, from time to time, and at all times hereafter, save harm- 
 less and indemnify him the said E F, his heirs, executors and ad- 
 mirnstrators, and his and their ,lan'ds and tenements, goods and 
 chattels, of and from all damages, sums of money, and costs and 
 charges which he, they or any of them, shall or may at any time 
 hereafter be put unto, by reason of' the said A B's being bound 
 with the said D, for the payment of the sum of money and in- 
 terest aforesaid, then this obligation to be void, else to remain in 
 
 full force and virtue. • -, [Seal.] 
 
 [Seal.] 
 
 Bond to make and deliver conveyances, and to permit the obligee to 
 receive the rents in the mean time. 
 
 Know all men by those" presents, that we, B A, principal, and 
 E M, surety, are held and firmly bound unto G D, in the just and 
 full sum of • dollars ; to the payment whereof, well and 
 
 truly to be made to the said D, his executors, administrators or 
 assigns, we bind ourselves, our heirs, executors and administrators, ■ 
 jointly and sevesyally, firmly by these presents. Sealed with our 
 seals and dated this day of , in the year 18 . • 
 
 The condition of this obligation is such, that if the above bound 
 B A do and shall, upon, and at the request of the said D, his 
 heirs or assigns, on or before the day of next ensuing the 
 
 day above written, convey and assure, or cause to be well and 
 sufficiently conveyed and assured, unto the said CD, his heirs and 
 assigns, or to such other person and persons, and his and their 
 heirs, as the said D shall nominate and appoint, and to such 
 uses as he shall direct, one messuage or tenement, &c., situate, ly- 
 ing and being in , now in the possession of. , by such 
 conveyances and assurances in law, as by the said D, his- heirs 
 ■and assigns, or his and their counsel, shall be devised, advised and 
 ■ required, freed and discharged of and from all incumbrances what- 
 so^er. And also if the said B A, his heirs, executors or admin- 
 istrators, do and shall, until such conveyance and assurance be 
 made and executed as aforesaid, permit and sufifer the said.O D,'his 
 heirs and assigns, peaceably and quietly to have, receive andTake to 
 his and their own proper use and uses, the rents, issues and profits 
 of all and singular the said premises, and of every part and parcel 
 thereof, without any manner of let) suit, troublei disturbancCj hin- 
 
72 PRACTICAIi FORMS. 
 
 drance or denial of tte said, B A, his heirs, executors or administra- 
 tors, or any of them, or of any other person or persons whatsoever, 
 by his or their, or any of their means, right, title or procurement, 
 then the above obligation to be void, or else to remain in full force 
 
 and virtue. — ' [Seal.}' 
 
 — r-r^ -. I^Seal.] 
 
 Bovd of indemnity, on paying a lost bond, , . 
 
 Know all men by these presents, that we, A A, principal, and 
 E M, surety, are held. and firmly bound unto H Kin the just and 
 ' fijU sum of dollars ; to the payment whereof, well and truly to 
 fee made to the said H K, his executors, administrators or assigns, 
 we bind ourselves, our heirs, executors and administrators, jointly 
 and severally, firmly by these presents. §ea,led with our seals and 
 dated this day of , in the year 18 
 
 Whereas the above nanied A K did, by hisfcond or obligatioft, 
 under his seal, and bearing date on thg.^ day of , in the 
 
 .year , become bound to the above bound A A, in the penal sum 
 of dollars, conditioned for the payment of • dollars unto the 
 said A A, his. heirs, executors, &c., on or before the-. _ day of 
 , in the year ; as in and by the said bond, -when pro- 
 
 duced, will more fully appear : And -whereas the said bond is 
 alleged to be lost, or so miglaid that the same cannot be found : 
 And whereas the said H K, the day of the date hereof, at the re- 
 quest of him, the said A, A, and on his promise of indemnity, hath 
 - made him full satisftiotion of and for the said bond : Now, the con- 
 dition of this obligation is, such, that if the above bound A A, his 
 heirs, executors or administrgitors, or any or either of them,,do-apd 
 shall, in case the, sai.d bond or obligation shall happen to be found, 
 or come to' his, their or any of their hands, custody or power, or of 
 the hands, custody ob power of any otheg: person for them, deliver 
 or cause the same to be delivered unto the said H K, his heirs, ex- 
 ecutors or administrators, in order to be madevoid, cancelled a«id 
 destroyed, and also shall and do„from time to time, and at all times 
 hereafter, save, keep harmless and indemnified, the said H K,,his 
 heirs, feecutore and. administrators, of and -from all actions, suits, 
 costs, charges, damages and expenses whatsoever, which shall or 
 may at any time hereafter happen or come to them, for or by reasoii 
 of the said bpnd or obligation, or any of th^ money th.er,eby paid, 
 
BONDS. 73 
 
 or for, touching and concerning the same : then this obligation to 
 
 be void, else to remain in full force and virtue. 
 
 [Seal.] 
 
 — [Seal.] 
 
 Bond thai a person, when of age, shall cqnvei/. 
 
 Know all men by these presents, that we, R S, principal, and 
 D M, surety, are held and firmly bound unto J B in the jlist and 
 full sum of dollars ; to the payment whereof, well and truly to 
 be made to the said J B, his executors, administrators or assigns, 
 we bind ourselves, our heirs, executors and administrators, jointly 
 and severally, firmly by these presents. Seailed with oiir seals and 
 dated this day of , in the year 18 
 
 Whereas T S, late of , deceased, by his last will and testa- 
 
 ment in writing, bearing date on or about the day of , in 
 
 the year , did, among other things, give, devise and bequeath 
 
 all that messuage or tenement situate in , unto his sons R S 
 
 and H S ; which will more fully; a,ppear by reference being had to 
 the said will, recorded in the clerk's office of the county of , 
 
 "Will Book, vol. , page : And whereas the above named J B 
 hath agreed with the said R S and H S, for the absolute purchase 
 of the said messuage or tenement and premises so devised to them 
 as aforesaid, at and for the sum of dollars ; but the said H Sj 
 
 not being yet of age,, cannot join in conveying the same to the said 
 J B : And whereas the said J B hathj at the request of the above 
 bound R S, and on his promise and undertaking -that the said H S 
 should, when and so soon as he should have attained the age of 
 twenty-one years, at the costs and charges of the said J B, convey 
 and assure to the said J B, his heirs and assigns, all his right, title 
 and interest in and to the said messuage or tenement and premises, 
 that being an undivided moiety, paid into the hands of R S the 
 whole of the purchase money, and the said R S hath, by his deed, 
 conveyed his undivided moiety thereof to the said. J B, his heirs 
 and assigns : Now, the condition of this obligation is suchj that if 
 he, th« said H S, do and shall, •srhen and so soon as he shall have 
 attained the age of twenty-one years, at the costs and charge of 
 the said J B, convey and assure unto the said J B, his heirs and 
 assigns, by such deeds and conveyances as the counsel of the said 
 J B shall approve of, his undivided ihoiety of and in the sardinesT 
 10 
 
74 PRACTICAL FORMS. 
 
 suage or tenement and premises, devised to him and the said R S 
 as aforesaid, and that without any consideration to be paid him by 
 the said J B for so doing : and also, if, and in case the said R S, 
 his heirs, executors or administrators, do and shall, in the mean 
 time, and until the said H S shall have executed such conveyance 
 as aforesaid, save, defend, keejvharmless and indemnified, the said 
 J B, his heirs,. executors and administrators, and his and their 
 goods and chattels, lands and tenements, and the said messuage or 
 tenement and premises, to be conveyed by the said H S to' the said 
 J B as aforesaid, and the rents, issues and profits thereof, of and 
 from all claims and demands to be made thereto, by or on the part 
 and behalf of the said H S, then this obligation to be void and of 
 none efiect, else to remain in full force and virtue. 
 
 [Seal.] 
 
 [Seal.] 
 
 Bond to indemnify an endorser of a note. 
 
 Know all men by these presents, that we, A B, principal, and 
 R M, surety, are held and firmly bound unto E in the just and 
 full sum of dollars ; -to the payment whereof, well and truly to 
 be made to the said E, his executors, administrators or assigns, 
 we bind ourselves,' our heirs, executors and administrators, jointly 
 and severally, firmly by these presents. Sealed with our seals and 
 dated this day of , in the year 18 . 
 
 Whereas the aboVe bound A B did) by a certain note, under his 
 hand, dated the day of , promise to pay unto H K, or order, 
 months after the date thereof, the sum of dollars, with 
 
 interest thereon till paid : And whereas the above named G E hath 
 endorsed the said note above mentioned, at the request and for the 
 only debt of the said A B, and thereby become chargeable with and 
 for the payment of the said sum of dollars, with interest as 
 
 aforesaid, as by the said note and endorsement will at large appear : 
 Now, the condition of this obligation is such, that if the said A B, 
 his executors and administrators, or any of them, do and shall well 
 and truly pay, or cause to be paid unto the said H K, or to any 
 person or persons whom he shall direct, the above mentioned sum 
 of dollars, for which the said note is given, and the interest 
 
 that may or shall have accrued thereon on the day of payment 
 therein mentioned, and in full discharge thereof and there&om, and • 
 
BONDS. 75 
 
 from all actions, suits, charges, payments and damages by reason 
 thereof, shall and ■wUl, at all time and times hereafter, save, de- 
 fend, keep harmless and indemnified, the said C E, his heirs, ex- 
 ecutors and administrators, and all and every of them, then this 
 obligation to be void, else remain in full force and virtue. 
 
 [Seal.] 
 
 • [Seal.] 
 
 £ond to save harmless from paying reni when the title is in question. 
 
 Know all men by these presents, that we, E, principal, and 
 E M, surety, are held and firmly bound unto F H in the just and 
 full sum of dollars ; to the payment whereof,' well and truly to 
 be made to the said F H, his executors, administrators or assigns,, 
 we bind ourselves, our heirs, executors and adnainistrators, jointly 
 and severally, firmly by these presents. Sealed with our seals and, 
 dated this day of , in the year 18 . 
 
 Whereas there is a suit depending between the above bounden 
 E and others, touching the right and interest in the dwelling- 
 house of the above named F H situated [here describe its location] : 
 And whereas the said F H hath nevertheless agreed to pay the 
 rent of the said house to the said E, yearly, as the same shall 
 grow due, upon his agreeing to indemnify him therefrom : The 
 condition, therefore, of the above written obligation is, that if the 
 said E, his heirs, executors and administrators, do and shall well 
 and truly pay, or cause to be .paid to ^the said F H, his executors, 
 administrators or assigns, all rent, sum and sums of money, charges 
 and damages whatsoever, as shall by due proceedings in law be 
 adjudged or decreed against him the said F H, his executors, ad- 
 ministrators or assigns, and all other costs and damages whatever, 
 which he the said F H, his executors, administrators or assigns, 
 shall sustain or be at, by reason of any action, suit or forfeiture 
 whatsoever, which shall or may happen, or be, to the said F H, 
 his executors, administrators or assigns, as by reason of paying the 
 said rent, or any part thereof, to the said C E, his executors, ad- 
 ministrators or assigns, in manner aforesaid, then this obligation 
 shall be void, or else remain in full force and virtue. 
 
 . [Seal.] 
 
 [Seal.] 
 
76 PRACTieAIi TORMS. 
 
 Bond given for the performance of eovenantk. 
 
 Know all mea by ttese presents, that we H S, prinGipal, and 
 R M, surety, are held and firmly bound, unto CD, in the just and 
 ful]. sum of , dollars, to the payment whereof, well and truly 
 
 to be made to the said C D, his executors, administrators* or as- 
 signs, we bind ourselves, our heirs, executors and administrators, 
 jointly and severally, firmly by these presents. Sealed with our 
 seals and dated this , day of , in the year 18 . . 
 
 Now, the condition, of the above obligation is such, that if the 
 above bounden H S,, his heirs, executors and administrators, do 
 and shall well and triily observe, perform, fulfil and keep, all and 
 every the covenants, clauses, articles and agreerdents specified and 
 contained in a certain indenture, bearing even date with the 
 above written obligation, and made, or mentioned to be made, 
 between, &c., which, on the part and behalf of the said H S, his 
 heirs, executors and adtainistrators, is, are and ought to be ob- 
 served, performed, fulfilled and kept, according to the true intent 
 and meaning of the same indenture ; theii the '&,bove written obli- 
 gation shall be void and of no efi'ect, otherwise the same shallre- 
 
 main in full force. [Seal.] 
 
 [Seal.] 
 
 Bond of iindemnity from a venchr to a purchaser, where title-deeds 
 
 were lost. 
 
 Know, all men by these presents, that we, A B, principal, and 
 I| M, purety, are held £),nd firmly bound unto C D, in the just and 
 fljill sum of dollars,, to the payment whereof, well and truly 
 
 to be made to the said C D, his executors, administrators or assigns, 
 we bind puirselves, our heirs, executors and administrators, jointly 
 and severally, firmly by these present?. Sealed with our seals and 
 dated this day of ' , 1,8 . 
 
 _ "Wlierea? tjie a,bqve named, C D hath lately purchased of and 
 from, the ^bove bounden A B, oerta,in messuages, &c., situate, lying; 
 and being in , for tlje price or sum of , and the samp 
 
 premises, by a certain deed bearing evou date with the above obliga- 
 tion, and. made between the said A B of the one part, and the said 
 D of the other part, have been conveyed and assured unto the said 
 
BONDS. 77 
 
 G Jy, tis heirs and assigns, but the title-deeds and evidences of title 
 to the said premises, are either lost or mislaid, and cannot at present 
 he foU'iid; and the said A B hath therefore agreed to sa,ve harmless 
 and keep indemnified the said CD,' his heirs and assigns,' against 
 all persons whomsoeTer, claiming any right or title to the said 
 preinises, or any part thei?eof, and all costs and charges attending 
 the same : And also, thgrt in case the said title-deeds and evidences 
 to the said premises, shall at any time hereafter be found, the same 
 shall he delivered to the said ?), his heirs or assigns, whole and 
 uncancelled' : Now, the condition of this obligation is snch, that if 
 the said A B, his heiis, executors or admiijistrator-s, do and shall, 
 from, time to time, and at all times hereafter, save harmless and 
 keep indemnified, the said G D, his heirs, executors, administrators 
 and assigns, of, from and against all mortgages and other charges' 
 and incumbrances, anywise affecting the said messuages, &c., and 
 premises, and against all and every person and persons whomso- 
 ever claiming- any estate, right or title' of, in or to the same, or any 
 part thereof. And if the said title-deeds and evidences, forming 
 a perfect and complete title to the said premises, shall at any time 
 hereafter be f6und, and the same be delivered up to the said G D, 
 his heirs or assigns, whole and uncancelled, without fraud or delay, 
 then this- obligation shall be void, or' else shall remain in full force' 
 and virtue. [Seal.] 
 
 ■•] 
 
 JBoUo'nwy hond. 
 
 Know all men by these presents, that I, A B, commander and 
 two-thirds owner of the ship E, for myself, and D, Remaining 
 third owner of said ship, am held and firmly bound unto E F, in 
 the penal sum of dollars ; for the payment of which, well and 
 truly to be made unto the said E F, his heirs, executors, adminis- 
 trators or assigns, I hereby bind myself, my heirs, executors and 
 administrators, firmly by these presents. In witness whereof, I ■ 
 have herfeunlo- set my hand and seal this day of , in the 
 
 year 18 . 
 
 Whereas the above bound A B hath taken up and received of 
 the said E F, the full and just sum of dollars, which sum is to 
 run &,t respondentia on the block and freight of the ship E, whereof 
 thiB-said> A B is now master, frona; the port or road of B, oil a voyage 
 
78 PBACTICAL FORMS, 
 
 to the port of L,, having permission to touch, stay at, and proceed' 
 to all ports and places within the limits of the voyage, at the rate 
 or premium of twenty-five per cent. (25 ■per cent.) for th^ voyage. 
 In consideration whereof, usual risks of the seas, rivers, enemies, 
 fire_s, pirates, &c., are to be on account of said E F. And for the 
 further security of the said E F, the said A B doth by these pre- 
 sents mortgage and assign over to the said E F, his heirs, execu- 
 tors, administrators and assigns, the said ship E and her freight, 
 together with all her tackle, appfcel, &c. And it is hereby de- 
 clared, that the said ship E and her freight is thus assigned, over 
 for the security of the respondentia taken up by the said A B, and 
 shall be delivered to, no other use or purpose whatever, until pay- 
 ment of this bond is first made, with the premium that may be- 
 come due thereon: Now, the condition of this obligation is such, 
 that if the above bound A B, his heirs, executors or administra- 
 tors, shall and do well and truly pay or cause to be paid unto the 
 said E F, or to his attorney in L, legally authorized to receive the 
 same, their executors, administrators or assigns, the just and full 
 sum of dollars, being the principal of this bond, together with 
 the premium which shall become due thereon, at or before the ex- 
 piration of days after the safe arrival of the said ship E at her 
 moorings in the river T, or in case of the loss of the said ship E, 
 such an average as by custom shall have become due, on the sal- 
 vage, then this obligation to be void and of no effect, otherwise to 
 remain in full force and virtue. Having signed to three bonds of 
 the same tenor and date, the one of -which being accomplished, the 
 other two to be void and of no eifect. 
 
 Signed, sealed and delivered ) A B, for self and T>. TSeal.l 
 
 in the presence of . J ■- •* 
 
 Sespondeniia bond. 
 
 . Know all men by these presents, that we, A B, commander of 
 the ship M, in the service of D, and H L of , are held and 
 
 firmly bound to P R of , merchant, in the sum of dollars, 
 
 good and lawful money of the United States of North America,, to 
 be paid to the said P R, or to his certain attorney, executors, ad- 
 ministrators or assigns ; to which payment, well and truly to be 
 made, we bind ourselves, jointly and separately, our heirs, execu- 
 
BONDS. 79 
 
 tors and administrators, firmly by these presents. Sealed with, our 
 seals and dated this day of , in the year 18 . 
 
 Whereas the above named P E has, on the day of the date above 
 written, advanced and lent unto the said A B and H L the sum of 
 dollars, upon the goods and merchandises and effects laden 
 and to be laden on board the good ship or vessel called the M, of 
 the burden of tons, or thereabouts, now riding at anchor in the 
 river T, outward bound to 0, and whereof A B is commander, by 
 his acceptance of a bill of exchange to that amount at months 
 date, for the account of them, the said A B and H L : Now, the 
 condition of this obligation is such, that if the said ship or vessel 
 do, and with all convenient speed proceed and sail from and out of 
 the said river T, on a voyage to any port or place, ports or places 
 in , and from thence do and shall sail, return and come back 
 
 into the said river T, at or before the expiration of * months, to 
 be accounted from the day of the date above written, and there to 
 end her said intended voyage (the dangers and casualties of the 
 seas excepted) : and if the said A B and P R, or either of them, 
 their or either of their heirs, executors or administrators, do and 
 shall, within days next after the said ship or vessel shall be 
 
 arrived at her moorings in the said river T, from her said intended 
 voyage, or at or upon the end and expiration of the said 
 months, to be accounted as aforesaid (which of the said times shall 
 first and next happen), well and truly pay or cause to be paid 
 unto the said P R, his executors, administrators or assigns, the full- 
 sum of dollars, lawful money of the United States of North 
 America, together with dollars of like money per calendar 
 month, for each and every calendar month, and so proportionably 
 for a greater or lesser time than a calendar month, for all - such 
 time and so many calendar months as shall be elapsed and run out 
 of the said calendar months, over and above months, to be 
 accounted from the day of the date above written, or if during the 
 said voyage, and within the said calendar months, to be ac- 
 counted as aforesaid, an utter loss of the said ship or vessel by fire, 
 enemies, men-of-war, or any other casualties, shall unavoidably 
 happen, and the said, A B and P E, their heirs, executors or ad-- 
 ministrators, do and shall, within calendar months next after 
 such loss, well and truly account for (upon oath, if required) and. 
 pay unto the said H L, his executors j administrators or assigns, a 
 
80 PKACTICAL , FORMS. 
 
 just and proportionable average on all tlie goods and effect^ of the 
 said A B, carried from, the United States ;on board the said ship or 
 vessel, and the net proceeds thereof, and on all other goods and 
 effects which the said A B shall acquire during the said voyage, 
 for or by reason of such goods, merchandises and effect?, and which 
 shall not be unavoidably lost, then the above written obligation to 
 be void and of no effect, else to stand in full force and virtue. 
 
 '. [Seal.] 
 
 — [Seal.] 
 
 XIII. 
 
 DEEDS. 
 
 Deed of bargain and sate of land, de., from husband and wife to 
 
 purchaser. 
 
 This indenture, made this -day of , in the year , 
 
 between J C of , and E (formerly E N), his wife, of the one 
 
 part, and H M of , of the other part : Witnesseth, that the 
 
 said J 0, and E, his wife, for and in consideration of the sum of 
 dollars, good and lawful money of the United States, to 
 them in hand paid by the said H M, at or before the sealing and 
 delivery of these presents, the receipt whereof they do hereby ac- 
 knowledge, and thereof' acquit and forever discharge the said H M, 
 his heirs, executors and administrators, by these presents have 
 granted, bargained, sold, aliened, enfeoffed, released and confirmed, 
 and by these presents do grant, bargain, sell, alien, enfeoff, release 
 and confirm unto the said H M, and unto his heirs and assigns for- 
 ever, a certain lot, piece or parcel of lan4, situate, lying and being 
 in , and containing acres — bounded as follows, to wit : 
 
 Beginning at the [here describe the land], together with all the 
 estate, right, title,interest and property, claim and demand what- 
 ever, of them, the said J 0, and E, his wife, in law or equity, or 
 otherwise however, of, in, to or out of the same : To have and to 
 hold the said lot, piece or parcel of land, and every part and par- 
 cel thereof, with their appurtenances, unto the said H M, his heirs 
 and assigns, forever, and unto the only proper use and behoof of 
 
DEEDS. 81 
 
 him, the said H M, his heirs and assigns, forever. And the said 
 J 0, for himself, his heirs, executors and administratorSj and for 
 and in behalf of the said E, his ■wife, and her heirs, doth covenant, 
 promise," graijt and agree to and with the said H M, his heirs and. 
 assigns, by these presents, in manner and form following, to wit : 
 That he, the said J 0, and his heirs, the said lot, piece or parcel 
 of land and premises hereby granted, or intended so to be, with 
 the. appurtenances, unto the said H M, his heirs and assigns, against 
 him, the said J C, and his heirs, and against the heir's of the said 
 E, his wife, and against all and every person or persons whatever, 
 will warrant and forever defend by these presents. 
 In witness whereof, &c. (as before, on page 16). 
 
 Signed, sealed and delivered 1 ^ '■ TSeal.] 
 
 m our presence. | ^y^^^_^ „ 
 
 Z)eed of bargain and sale of land hy executrix. 
 
 An indenture, made this day of , in the year of our 
 
 Lord , between P 0, widow, and executrix of the last will and 
 testament of E 0, late of , deceased, of the one pstrt, and 
 
 H A of , of the other part : — Whereas the said K C became 
 
 in his lifetime lawfully seized in fee simple, of and in a certain ' 
 parcel and tract of land, situate and being in [here describe the 
 land], and containing acres, which said land was conveyed 
 
 to said E C, in his lifetime, by M "W of ' , by deed of the 
 day of , in the year , as fully appears by said deed, 
 
 which is of record in the court of : And being so thereof 
 
 seized as aforesaid, the said E 0, on the day of , in the 
 
 year , made his last will and testament in writing, whereby 
 
 he did will and direct, that all his .just debts should be paid, 
 and for that purpose his real property should be sold, and then 
 the remainder of his estate, both real and personal, should be 
 in fee and in absolute property to the said P C, of the first pa,rt in 
 this indenture mentioned, and said E G did, by said last will and 
 testament, constitute and appoint the said P to be the sole execu- 
 trix of said will and testament, and departed this' life without al- 
 tering or revoking, the same, as in and by the said "will duly proved, 
 and recorded in the office of the court of (Will Book, 
 
 No. , fol. ), reference being had thereto, will more fully appear : 
 • 11 
 
82 PRACTICAL FORMS. 
 
 Now, this indenttire witneasetk, that the Baid P Ci as widow, and 
 executrix and residuary legatee, for and in consideration that it 
 Behooveth her in the due discharge of her trust as aforesaid, the 
 just claims on the estate of said R demanding this exercise there- 
 of, and she, the said P, in her character of widov and residuary 
 legatee, acquiescing therein, and for the further consideration of 
 the sum of dollars, good and lawful money of the United 
 
 States, to her in hand paid, by the said H A, at and before the 
 execution of ,this indenture, the receipt whereof she doth hereby 
 acknowledger, and thereof acquit and forever discharge the said 
 H A, his heirs, executors and administrators ; doth by these pre- 
 sents grant, bargain and sell, by virtue of the powers and autho- 
 rity aforesaid, unto the said H A, his heirs and assigns, all the 
 above nientioned and described tract or tracts of land, together 
 with the privileges and appurtenances to the said, land in anywise 
 appertaining and belonging ; together with all and singular the 
 estate, right, title, interest, property, claim and demand whatever, 
 of the said K C, in his lifetime, at and immediately before the time of 
 his decease, of, in or to, out of the same ; and of all right of dower, i& 
 or out of said property, which she, the said P G, has or may at any 
 time be entitled to, as widow of said R : to have and to hold the 
 said tract or tracts of land, privileges and appurtenances, hereby 
 granted, bargained and sold iinto the said H A, his heirs and as- 
 signs forever. And the, said P C doth hereby promise, covenant 
 and agree, to and with the said H A, his heirs and assigns, that 
 she, the said P, hath not committed or suffered to be done, any act, 
 matter Or thing whatever, whereby the premises aforesaid, or any 
 part, thereof, is or shall be impeached, charged or incumbered in 
 title, charge or estate, or otherwise, howsoever. And for the con- 
 sideration aforesaid, and for the further consideration of one dollar 
 in hand paid to the said P, as widow of the said R 0, by the said 
 H A, the receipt wh?i;eof is hereby by the said P acknowledged, 
 she doth grant, reraise, and forever quit claim unto the said H A, 
 his'heirs and assigns forever, all the right which she, the, said P G, 
 hath to dower or thirds of and in the aforesaid conveyed premises, 
 whereof her husband, the said R 0, died seized : to have and to 
 hold the same to the said H A, and his heirs and assigns, forever ; 
 and the said P, as widow aforesaid, for herself, her heir^, executors 
 ,^nd admiaistratoiSj doth hereby covenant with the said H A, and 
 
• DEEDS. 83 
 
 his heirs and assigns, that he and they shall henceforth have, and 
 quietly enjoy the, released premises, without any claim or demand 
 had or made, or to be had or made hy her, the said P 0, or any 
 persons claiming the same, or any part thereof, from or under her, 
 the said P, as widow aforesaid. 
 
 In witness whereof, the said parties to these presents have hereto 
 signed their names and affixed their seals the day and year first 
 above written. 
 
 Signed, sealed and delivered 1 [Seal.], 
 
 m our presence. j f? 1 1 
 
 Deed of gift to feme covert, free from elaim^dc. of Ihwhatid. 
 
 Know all men by these presents, that I, T P of , in con- 
 
 sideration of the natural love and affection which I have and bear 
 unto my daughter M R, wife of S R, of , and a,lso for other 
 
 good causes and considerations, me, the saidT P, hereunto moving; 
 have given, granted and confirmed, and li|r these presents do give, 
 grant and confirm unto the said M R [here describe the property 
 given], to have, hold and enjoy the said , unto the said M R, 
 
 for her own use, livelihood and support, free and clear of and from 
 all debts and contracts of every and any description whatever, of 
 her present or any future husband ; it being the express intent 
 and meaning of me, the said T P, to transfer said property to my 
 said daughter, exclusively and absolutely, as though she we:fe a 
 feme sole, entirely free and clear of and from any marital rights 
 whatever of her said husband, or of any future hnsband. And I, 
 the said T P, the said property unto the said M., and her assigns, 
 against me, the^ said T P, my executors, administrators and assigns, 
 and all and every other person or persons whatever, shall and will 
 warrant and forever defend by these presents ; of which said pro- 
 perty, I, the. said T P, have put the said M in full possession. 
 
 In witn,ess whereof, I hav^ hereunto set my -hand and seal this 
 day of , in the year . T P. [Seal. 
 
 See Code of Virginia, ch. 116, § 1. 
 
84 PRACTICAL FORMS? 
 
 Deed of gift of personal estate. 
 
 Know all men by these presents, that I, B A of , in con- 
 
 sideration of tte natural love and affection wliicli I have and bear 
 unto my beloved brother B, and also for divers other good causes 
 and considerations me, the said B A, hereunto moving, have given, 
 granted and confirmed, and by these presents do give, grant and 
 confirm unto the said B all and singular the following goods and 
 chattels [here enumerate them] : to have, hold and enjoy all and 
 singular the said goods, chattels and personal estate unto the said 
 B, his executors, administrators and assigns, to the only propel' 
 use and behoof of the said C B, his executors, administrators and 
 assigns,, forever. And I, the^said B Ai all and singular the said 
 goods, chattels and personal estate to the .said B, his executors, 
 administrators and assigns, against me, the said B A, my executors 
 and administrators, and all and every other person or persons 
 whomsoever, shall and will warrant and forever defend by these 
 presents, of all and singular which said goods, chattels and personal 
 estate, I, the- said B A, have put the said B in full possession. 
 , In witness whereof, I have hereunto set my hand and seal thi^ 
 day of , in the year . 
 
 B A. [Seal.] 
 
 J8®" See Code of Virginia, ch. 116, § 1. 
 
 . Note. — It is much better to convey property, when designed for 
 the separate use of married women, to trustees for their benefit. 
 See the next Form. 
 
 Deed of gift of land to trustees for the benefit of feme covert and 
 her children, and free from oM interest or claim of husband. 
 
 This indenture, made the day of , in the year , 
 
 between C H of , of the first part, G D' and M N, trustees, of 
 
 the second part, and N E, wife of A E of , of the third part : 
 
 Witnesseth, that in consideration of the love and affection which 
 the said C H hath and beareth for his daughter, the said N E, and 
 for and in consideration of the sum of dollars, good and lawful 
 money of the United States, to the said G H in hand paid by the 
 said trustees, at or before the sealing and delivery of these pre- 
 sents, the receipt whereof is hereby acknowledged, he, the said 
 
DEEDS. 85 
 
 C H, liath. granted, iDargained, sold, aliened, - released and con- 
 firnied, and by these presents doth grant, bargain, sell, alien, re- 
 lease and confirm nnto the said trustees; and to the survivors and 
 survivor of them, and the heirs of such survivor, the tract or parcel 
 of land situate, lying and being in the county of - , containing 
 acres, more or less, being the same land bargained, sold and 
 conveyed to the said C H by F D of , by deed bearing date 
 
 the day of , in the year , an*d of record in the clerk's 
 
 office' of court. To have and to hold the said tract or parcel 
 
 of land unto the said trustees, and to the survivors and survivor 
 of them, and the heirs of such survivor, upon trust, that they, the 
 said trustees, and the survivors and* survivor of them, and the heirs 
 of such survivor, shall permit the said N R to occupy, ppssess and 
 enjoy' the said tract or parcel of land, and the rents, issues and 
 profits thereof, to take, free and clear of and from air manner of 
 charge and incumbrance of her said husband, or any husband she 
 may hereafter take: and on this farther trust, that whenever di- 
 rected so to do by the said N R, by a writing under her hand and 
 seal, attested by two witnesses, the said trustee shall sell, cenvey 
 in trust, mortgage, or otherwise dispose of said, property : in the 
 event of a sale, the proceeds of sale may, if directed so to be by 
 the said' N E, be invested in other property, to be held upon the 
 trusts of this deed : and if the said N R should leave a will, or 
 paper testamentary in the nature of a last will and testament, the 
 said 'property hereby- conveyed, or such as may be substituted 
 therefor, shall go and pass to such persons, and in such propor- 
 tions and manner as said W R shall thereby direct : and on this far- 
 ther trust, that if the said U R shall depart this life without having 
 sold the said property, either in whole or in part, and without 
 leaving a will, or a paper testamentary in the nature of a last will 
 and testament, they the said trustees, and the survivors and sur- 
 vivor of them, and the heirs of such survivor, shall hold the said 
 tract or parcel of land hereinbefore conveyed, for all and every 
 the' children and child of the said N R, who being a son or sons, 
 shall attain the age of twen-fy-one years, or being a daughter or 
 daughters, shall attain the age of twenty-one years, or marry, to 
 be divided between or among them, if more than one, in equal 
 shares and proportions, and if there shall be but one such child, 
 the whole, to be in trust for that one child, and his or her heirs: 
 
86 PKACTICAL SOEMS. 
 
 And if any such, child or children shall depart this life before he 
 or they shall attain the age of twenty-one years, if son or sons, or 
 he unmarried, if daughter or daughters, then the share or shares 
 of him, her or them so dying, shall go and accrue to the survivor 
 or survivors of such child or children, and be equally divided 
 amongst them, if more than one, share and .share alike. And in 
 case of the death of any other of the said children before they 
 arrive to the age of tw8nty-one years, if, son or sons, or be un- 
 married,- if daughter or daughters, every such accruing or sur- 
 viving part or share shall again be subject and liable to such con- 
 dition or contingency, or accrue to and amongst the survivor or 
 survivors, as hereinbefore is provided, touching the said original 
 shares and proportions : and on this farther trust, that in the event 
 the said N B, die intestate, leaving no child or children by her 
 said husband A E, who shall attain the age of twenty-one years, 
 if son or sons, or the age of twenty-one years, or be married, if 
 daughter or daughters,, the said tract> or parcel of land hereinbe- 
 fore conveyed, shall, on the death of the said N E, and the death 
 of sarid children, or the survivor, before the age of twenty-one 
 years, or marriage, if 'a daughter, be transferred and conveyed tp 
 the said H, or bis heirs, by the said trustees, or the survivors or 
 survivor of them; or the heirs of such survivor. And the said 
 C H of the first part, his heirs, executors and administrators, doth 
 covenant, promise and agree, to and with the said trustees, of the 
 second part, their heirs and assigns, by these presents, in manner 
 and form following, to wit: That he, the said C H, the said tract 
 or parcel of land hereby given, or intended so to be, unto the said 
 trustees, for the benefit of the said N E, of the third part, .and her 
 children as aforesaid, against him, the said C H, and his heirs, and 
 against all and every person or persons whatever, will warrant and 
 forever defend by these presents. 
 
 Witness the foEowing signatures and seals. 
 
 C H. .[Seal.] 
 G D. [Seftl.] , 
 M W. [Seal.} 
 
 Deed of lease of house. 
 
 An indenture, made this day of , in the year , 
 
 bdtwecn B J of the one part, and T H of the other part : Wit- 
 
DEEDS. ' 87 
 
 nesseth, tbat in consideration of tte rents, provisoes and agree- 
 ments hereinafter contained, and which, on the part of the said 
 T H, are to be done and performed, he, the said B J, hath demised 
 and leased, and doth hereby demise and lease to the said T H, his 
 executors, administrators and assigns, the tenement situate in ,, 
 with all the cellars and appurtenances whatsoever to the said tene- 
 ment belonging, or in any wise appertaining. To have and to hold 
 the said tenement and appurtenances, unto the said T H, his ex- 
 ecntofa, administrators and assigns, from the day of the date hereof, 
 for and during the full term of years next ensuing, and fully 
 
 to be comi^ete and ended, yielding and paying therefor, yearly, 
 the sum oi dollars, good and lawful money of the United 
 
 States, to the said B J, his heirs and assigns, by four equal and 
 quarterly payments ; the first thereof to be made on the day of 
 next ensuing the date hereof. And the said T H, for him- 
 self, his heirs, executors and administrators, doth covenant to and 
 "with the said B J, his heirs and assigns, that he shall and will pay 
 unto the said B J, his heirs and assigns, the said yearly rent of 
 dollars, in manner hereinbefore limited and appointed ; ex- 
 cept the premises, or some part thereof, shall happen to be burnt 
 down, blown up, or damnified, by reason of fire or tempest, or un- 
 avoidable accident, in either of which cases said rent is to cease. 
 And the said B J, for himself, his heirs, executors and administra- 
 tors, doth hereby covenant to and with the said T H, his executors, 
 administrators and assigns, that he, paying the rent hereby re- 
 served, shall peaceably and quietly hold and possess the said tene- 
 ment hereby demised, with its appurtenances, for and during all 
 the said term of years, hereby granted, without any hin- 
 
 drance or eviction, molestation or interruption whatever. And the 
 -said T H, his heirs, executors and administrators, doth covenant 
 to 'and with the said B J, his heirs and assigns, that he or they 
 will yield up said tenement in good repair, the casualty of fire 
 which may destroy the said tenement, or any part thereof, and 
 reasonable wear and tear, excepted. 
 
 In witness whefeof, the parties to these presents have hereto set 
 their hands and affixed their seals the day and year first above 
 written. B J. [Seal.] 
 
 T H. [Seal:], 
 
PRACTICAL FORMS. 
 
 Another form of lease. 
 
 This indenture, made tiie day of , in tlie year , 
 
 between W F of the one part; and C B of the other part: Wit- 
 nesseth, that for and in consideration of the rents, covenants; agree- 
 ments and provisoes hereinafter reserved and contained, and which 
 on the part of the said C B, his executors, administrators and as- 
 signs, are -to be paid, done and performed, he, the said.W F, hath 
 demised, granted, and to farm let, and by these presents dpth de- 
 mise, grant, and to farm let, unto the said B, his e:^utors, ad- 
 ministrators and assigns, all that lot, messuage and tenement, situ^ 
 ate in the [here describe the property particularly], together with 
 all houses and buildings, easements, alleys, ways, profits and ap- 
 purtenances whatsoever, to the said lot, messuage and tenement 
 belonging, or in anywise appertaining : To have and to hold said 
 lot, messuage and tenement, and all and singular the premises 
 hereby demised, with the appurtenances thereto' belonging, unto 
 the said C B, his executors, administrators and assigns, from the 
 day of the date hereof, for and during the term of years, next 
 ensuing, and fully .to be complete and ended, yielding and paying 
 therefor, dollars, yearly, in equal quarterly payments — the 
 
 first quarter of which will be due and payable on the day of 
 
 , next ensuing the date hereof; the second on the day 
 
 of • ; the third on the day of ; and the fourth on 
 
 the day of , during said term, unto the said W F, his 
 
 heirs or' assigns; And the said B doth hereby, for himsfelf, his 
 heirs, executors, administrators and assigns, covenant, promise and 
 agree, to and with the said W F, his heirs and assigns, in manner 
 following, that is to say:— That he, the saidO B, his heirs, execu- 
 tors, admiiiistrators or assigns, shall and will well and truly pay, 
 or cause to be paid' unto the said "W F, his heirs and assigns, the 
 said yearly rent of dollars, in the manner hereinbefore limited 
 and appointed, according to the reservation thereof, and the true 
 intent and meaning of these presents, except the said messuage, 
 tenement and premises, or some part thereof, shall happen to be 
 burnt down, or damnified, by fire, tempest, or unavoidable acci- 
 dent. And also, that he, the said B, his heirs, executors, admin- 
 istrators or assigns, or some of them, shall and will, at his, their, 
 
DEEDS. . 89 
 
 or some of their proper costs and charges, from time to , time, and 
 at all tim^a hereafter, during the said term, well and sufficiently 
 'repair, and cleanse said, messuage and tenement, and all and sin- 
 gular other -the premises, with the appurtenances hereinbefore de- • 
 mised, and every part and parcel thereof, in, by^and with, all and 
 all manner of needful and necessary r^aration (customary be- 
 tween tenant and. landlord), the casualty by-fire, which may con- 
 sume said messuage, tenement and premises, or any part thereof, 
 excepted, it being hereby clearly uijderstood by and between the 
 parties hereto, that such loss is to be sustained by the said W F, and 
 that on the happening of K'\jch destruction, said C B is to be en- 
 tirely .discharged from the obligations of this indenture, as herein- 
 before expressed. And the said W F, for himself, his heirs, ex- 
 ecutors and administrators, doth covenant, promise and ^gree to 
 and with the, said C B, his executors, administrators and assigns, 
 that, he, the said C B, h^s executors, administrators and assigns, 
 paying the said' yearly rent hereinbefore hereby reserved, and ob- 
 serving,- performing and keeping all and singular the covenant and 
 agreement herein contained, on his and their part to he, observed, 
 according to the true intent and meaning of these-, presents, shall 
 and may lawfully, peaceably and quietly, have, hold, use, occupy, 
 possess and enjoy the ^aid lot, messuage, tenement and premises, 
 hereby deraised, with the appurteniinces, and every part and par- 
 cel thereof, for and -during the said term of years, hereby 
 granted, withqut any let, suit, hindrance, eviction, ejection, mo- 
 lestation or interruption whatsoever, of, or by the, said W F, or his 
 heirs, or pi or by any person or persdns.whatsoever, lawfully olaiia- 
 ing, from or under him, them, or any or either 'of itheni. And it is 
 also agreed by Bind, bet^^^een the parties, that if at the expiration* 
 • of said term, of year?, he, the said B, shall desire to retain 
 said lot, me|puage and tenement and appurtenances, lor > 
 ■years, next after th-e expiration of said term of years, he, the 
 said B, shall have, and power is hereby given .him, so ±o retain, 
 on the terms "and stipulations hereinbefore expressed, respecting 
 .the t^m of years, flext eilsuing the date hereof. • 
 In tes'timony whereof, the parties tQ these presents have hereto 
 set their hands and affixed theii- seajs the day ^.jid year first above 
 writt.eij:- ■ '• ■ ,W H. [Seal.] 
 , ■ . . G B. [Seal.] 
 12 
 
90 . PRACTICAL BORMS. 
 
 Lease from tenants in common. 
 
 This indenture, made and entered into the day of * , in 
 the year , between A B of the first part, D of- the second 
 
 part, and E F of the third part : Witnesseth, that for and in con- 
 sideration of the rents, oevenants and agreements hereinafter re- 
 served and contained, and which, by and on the part and behalf 
 of the said E F, his heirs, executors, administrators and assigns, 
 are to be paid, done and performed, he,, the said A B, as to one 
 undivided moiety or half part, the whole into two equal parts to 
 be divided, of all that messuage or tanement, with the appurte- 
 nances hereinafter particularly described, and the said D, as to 
 one undivided moiety or half part, the whole into two equal parts 
 to be divided, of all that messuage or tenement, with the appurte- 
 nances, hereinafter particularly described, have, and each of them 
 hath (according to their several and respective shares and propor- 
 tions aforesaid) demised, leased, set, and to farm letten, and by 
 these presents do, arid each of them doth demise, let, set, and to 
 farm let, unto the said E F, his heirs, executors, administrators and 
 assigns, all that messuage and tenement, with the appurtenances 
 thereto appertaining or belonging, situate, lying and being in [here 
 describe]. To have and to hold the said messuage or tenement, 
 and all and singular the premises hereby leased, or intended so to 
 be, with their and every of their appurtenances, unto the said E F, 
 his heirs, executdrs, administrators and assigns, from henceforth, 
 for and during the term of years, fully to be complete and 
 
 ended, yielding and paying therefor yearly, and every year during 
 the estate and teSrm hereby granted, on the day of , and 
 
 ' the day of , unto the said A B.and C D, their heirs, ex- 
 
 ecutors, administrators or assigns, the sum of dollars, lawful • 
 
 money of the United States, in manner and form foUtwing (that is 
 to say) : The sum of dollars, la_wful money as aforesaid, being, 
 one moiety or half part of the above sum of dollars, to be paid 
 by the said E F, his heirs, &c., unto the said A B, his heirs, &c., 
 and the sum of dollars, lawful money as aforesaid, being the 
 
 other moiety or half part of the above sum of dollars, to be 
 
 paid by the said E F; his heirs, &c., unto the said C D, his heirs, 
 &o. And the said E F, for himself, his heirs, executors, adminis- 
 trators and assigns, doth covenant, promise and agree to and with 
 the said A B and C D, and their heirs, executors, administrators 
 
DEEDS." 91 
 
 and assigns, in manner following (that is to say) : Ttat lie, the said 
 E F, his heirs, exfeoutors, administrators and assigns, shall and will 
 well and truly pay, or canse to be paid unto the said A B and 
 D, their heirs, executors, administrators or assigns, yearly and 
 every year during the said term of years, the yearly rent or 
 
 sum of dollars, lawful money of the United States, on the 
 day of , and the day of , as aforesaid, and in the 
 
 manner and form as the same is hereinbefore reserved and made 
 payable. And the said A B, for himself, his heirs, executors and 
 administrjitors, doth covenant, promise and agree,' to and with the 
 said E F, his heirs, executors, administrators and assigns, in man- 
 ner following, (that is to say) : That he, the said E F, his heirs, 
 executors, administrators and assigns, paying the rent hereby re- 
 served, and performing the covenants and agreements hereinbefore 
 mentioned and contained, and which, on his arid their parts, ought 
 to be paid and performed,, shall and may peaceably and quietly 
 have, hold, occupy, possess and enjoy the said messuage, &c., with 
 the appurtenances, hereby leased, as to one undivided moiety or 
 half part thereof, only for and during the" said term hereby granted, 
 without the let, suit, trouble, molestation or interruption of him, 
 the said A B, his heirs, executors or administrators, or any other 
 person or persons lawfully 'claiming or to claim by, from or under 
 him, them, or any of them*. And the said C D, for himself, his 
 heirs, executors and administrators,' doth covenant, promise and 
 agree to and with the said E F, his heirs, executors, administrators 
 and assigns, in manner following (that is to say) ; That he, the said 
 E F, his heirs, exeeutors, administrators or assigns, paying the rent 
 hereby reserved, and performing the covenants and agreements 
 hereinbefore mentioned and contained, and which, on his and their 
 parts, are or ought to be paid and performed, shall and may peace- 
 ably and quietly have, hold, occupy, possess and enjoy the said . 
 messuage^ &c., with the appurtenances, .hereby leased, as to one 
 iindivided moiety er half part thereof, only for and. during .the 
 said term hereby granted", without the let, suit, trouble,, molesta- 
 tion or interruption of him, the said D, his heirs, executors or 
 administrators, or any other person or persons lawfully claiming, 
 or to'olaim, by, from or under him, them, or any of them. 
 In witness, &c. (as before, on page 16). A B. [Seal.] 
 
 • CD. [geal.] 
 E F. [Seal.] 
 
92 PEACTICAL FORMS. 
 
 Lease of water power. 
 
 An. indenture, made this day of , in the year ' , 
 
 between M P of the one part, and R A of the other part,- all of 
 : Witnesseth, that the said M P, in cbnsideration of the 
 ]:entS'and covenants hereinafter reserved and stipulated, oh the 
 part ot the paid E A, to he paid and performed, hath granted, de- 
 mised and leased, and ' by these presents doth grant, demise and 
 lease tinto the -said R A, his executors, administrators and assigns, 
 the right and privilege of using the water puseing from the -mill of 
 the- said M P, situate on , after it has wo;rked the said mill, 
 
 9i\fed the same, in the construction or propelling of any kind of 
 machinery at the factory of the said R A, or for any oth^r purpose 
 to which the said R A ma;y choose to apply the same, except for 
 that of working a mill for the grinding of grain, and with this 
 reservation and restriction, as fully and* amply, to all intents and 
 purposes, as the same ma,y now be aj)plied and used by the said 
 M P. To have and to hold the said right and privilege of the 
 water aforesaid, and use and enjoy the same, subject to the excep- 
 tion and restriction aforesaid, unto the said R A, his executors, ad- 
 ministrators and assigns, for and during, and until the full end and 
 term of years from the day of ' ,_in the year 
 
 Yielding and paying therefor, unto the said M P, his heirs and 
 assigns, during every of the said years, the annual sum of 
 dollars, by quarterly payments of dollars ; ' the first whereof is 
 to be paid on the day of , in th6 year . And the 
 
 said R A, for himself and heirs, executors and administrators, doth 
 covenapt, prDmise aiid agree, to and with the said M P, and his 
 heirs and. assigns, that he will well and truly pay the said rent, at 
 the periods aforesaid, unto himi And the said M P dothj for him- 
 self, his heirs and assigns, hereby covenant and agree, t<vand with 
 the said R, A, his executors,, administrators and a-ssigns, that he, the 
 said R A, his executors, administrators and assigns, shall have and 
 enjoy the water as aforesaid, except such casual hindrance and in- 
 terruption as m4y be caused by the needful repair and necessary 
 reparatiohs of the said, mill, or any appurtenance thereto belong- 
 ing, which shall be effected without delay, after due notice of the 
 intended interr;jpti«)ns of the regular flow of the water, given to 
 
DEEDS. 9S 
 
 tie said R A, his executors, administrators or assigns. And it is 
 by ttese presents further agreed and provided, that the right and 
 privilege of using the said water for any purpose whatsoever, shall 
 ijiso facto cease, if the said R A, his executors, administrators or 
 assigns, shall, in violation of the provisions in this ind'entur;e con- 
 tained, proceed to apply the same to the purpose hereinhefore in- 
 hibited, to wit : For the working a mill for the grinding-of grain. 
 In witness, &c. (as before, on page 16). 
 
 • ■ MP. [Seal.] 
 
 ♦• E A.. [Seal!]., ; 
 
 • « 
 
 Deed for land sold under decree of court 
 
 Thi? indenture, made this day of , in the year , 
 
 between D H of , commissioner as hereinafter mentioned, of 
 
 the.hrst part, and E H of • , of, the second part : Whereas, on 
 the day of' , in the year , it was decreed and ordered by 
 the ' cqUrt of , in a certain cause in equity then depending in 
 the said court, between A L and L, complainants, and. G S and 
 L S, defendants, that the said D H, commissioner appointed by said 
 court, should, at public auction, upon the following terms, to wit — 
 Ctae-half of the purchase money to be paid in oaish ; the- refiaainder 
 to be paid in twelve months ; the payment whereof to be secured 
 by bond or bonds with approved security, make sale of a certain 
 lot or piece of land, lying and being in [here describe the land] 
 having advertised the time, terms ^nd plaGe»of sale, for the period 
 of , in some newspaper published in : And whei;pas 
 
 the said D H, commissioner, in pursuance of the decretal order 
 aforesaid, did, on the day of , in the year , on the 
 
 premises, oifer for- sale at public auction, the 'hereinafter described 
 lot or piece of land, being the lot or piece of land mentioned in 
 the said deci'etal order, having, advertised the time, terms, and 
 place of sale, in the , a newspaper published iu , for 
 
 the period of ; at- which sale, iiie said lot or piece of land 
 
 was struck off to the said E H, for the sum of , dollars,' that 
 
 being the highest, bid for' the: same: And whereas the said' sale 
 having been. reported to the said court, the court, by its decree of 
 the, ; day of , confirmed the said sale, and directed' that on 
 
 the payment of the. wLole purehaeei money to the said commis- 
 
94 PRACTICAL FOEMS. 
 
 » 
 
 sioner D H, the said commissioner should convey the said land to 
 the said purchaser ; and the whole of the purchase money having 
 been paid the said commissioner, according to the said decretal 
 order : Now, this indenture witnesseth, that the said D H, com- 
 missioner as aforesaid, and party to the first part of this indenture, 
 to carry into efiect the said sale, as aforesaid made, in pursuance 
 of said decretal order, in consideration of the premises, and of the 
 said sum of dollars, to him in hand paid by thf said R H, 
 
 at or before the sealing and delivery of this indenture, wiiich he, 
 the said D H, commissioner, party ^fl^the first part, doth hereby 
 acknowledge, hath giveij, granted, bargained and sold, and by 
 these presents doth give, grant, bargain and sell, unto the said R 
 H, his heirs and assigns, the lot or piece of land, situate, lying 
 and being in , it being the same land that was conveyed to 
 
 , by , by deed bearing date day of , in the 
 
 year , and of record in the clerk's ofiice of , to which 
 
 deed reference is hereby made for a more particular- description of 
 the premises; which said land was sold by the said D H, commis- 
 sioner, at public auction, as aforesaid, under the power given him 
 as aforesaid : to have and to hold the said lot or piece of land, 
 with the appurtenances thereto belonging or appertaining, to the 
 said'R H, his .heirs and assigns, to the only proper use and behoof 
 of the said E H, his heirs and assigns forever. And the said D H, 
 commissioner aforesaid, the said lot or piece of land, agaii^st him- 
 self and his, heirs, and all other person or persons claiming or to 
 claim, by, through, or. under him, unto the said R H, his heirs and 
 as^gns, shall and will, by these presents, warrant and forever 
 defend. 
 Witness the following signature and seal. 
 
 D H. Com'r. [Seal.] 
 
 Deed of mortgcOie of land, for securing payment of money due on 
 
 a bond. 
 
 This indenture, made the day of , in the year 
 
 between T S of , of the one part, and H B of , of the 
 
 other part : Whereas the said T 8 stands bound unto the said H B, 
 in and by a certain obligation, or writing obligatory, under his hand 
 and seal, bearing even date herewith, in the sum of dollars, 
 
DEEDS. 95 
 
 conditioned for tlie payment of dollars, on the day of 
 
 , next ensiling the date hereof, with lawful interest for the 
 same, as in and by the said recited obligation, and condition there- 
 of, as by reference being thereunto had, will more fully and at 
 large appear : Now, this indenture witnesseth, that the said T S, 
 as well for and in consideration of the aforesaid debt, or sum of 
 dollars, and for the better securing the payment thereof; 
 With its interest, unto the said H B, his exegutors, administrators 
 and assigns, in discharge of- the said recited obligation, as of the 
 further sum of one dollar, to him in han4 paid by the said H B, 
 at and before the sealing and delivery hereof, the receipt whereof 
 is hereby acknowledged, hath granted, bargained, sold, released 
 a;nd confirmed, and by these presents doth grant, bargain, sell, re- 
 lease and confirm unto the said H B, his heirs and assigns, all that 
 lot, piece or parcel of land, situate, lying and being in [here de- 
 scribe the land], together with all and singular the buildings, im- 
 provements and appurtenances thereto belonging, or in any wise ap- 
 pertaining ; and the reversions sthd remainders, rents, issues and pro- 
 fits thereof: to have and to hpld the said lot, piece or parcel of land, 
 the buildings, improvements and appurtenances hereby granted or 
 ifientioned, or intended so to be, with the appurtenances, unto the 
 said H B, his heir% and assigns, to the only proper use and behoof 
 of the said H B, his heirs and assigns, forever : Provided always, 
 nevertheless, that if the said' T S, his heirs, executors or adminis- 
 trators, shall and do well and truly pay, or cause to be paid unto 
 the said H B, his executors, administrators or assigns, the aforesaid 
 debt, or sum of dollars, on the day and time hereinbefore 
 
 mentioned and appointed for payment thereof, with lawful interesi^ 
 for the same, according to the condition of the said- recit.ed obliga- 
 tion, without any fraud or further delay, and without any deduc- 
 tion therefrom — ^then and from thenceforth, as well this present 
 indenture, and the estate hereby granted, as the said recited obli^ 
 gation, shall cease, determine, and become absolutely null and 
 void, to all intents and purposes, anything hereinbefore contaihed 
 to the contrary, in anywise, notwithstanding. 
 
 In witness, &o. (as before, on page Id). ^ 
 
 T S. [Seal.] 
 H B. [Seal.] 
 
96 PRACTigAI- FORMS. 
 
 • Deed of ■ mortgage' to seewe enddrsers. 
 
 TLis indentuTe, made this day of" , in the year „ 
 
 between A B of . , of the one -part, and D and E F of , 
 
 of the other part : Whereas the said D and E F have endorsed 
 for the said A B a promissory note for the sum of 'dollars, 
 
 bearing date the : .day of , and payable after dale, 
 
 which is now discounted at the bank, in , and which said 
 
 note it is contemplated to renew from time to time; and the said 
 A 3 being desirous tp.. secure and save the said D and E .F 
 against allresponsibility as endorsers of the note aforesaid; there- 
 fore, this indenture witnesseth^ that, the said A B, as well fos'and 
 in consideration of securing the said endorsers upon the payment 
 of the note aforesaid, as the sum of one dollar to him in hand paid 
 by the said C D and E F, at and .before' the sealing and', delivery 
 hereof, the receipt whereof he, hereby acknowledges, hath granted,' 
 bargained, sold, released, and confirmed, and by these presents 
 doth grant, bargain, sell, release ani^ confirm unto the said C D 
 and E F, their heirs and. assigns, that certain lot, piece or parcel 
 of land,.situate, lying and being, in [here describe the land], tpgethto ' 
 with all and singular the improvements and appurtenances theretQ 
 belonging, or in anywise, appertaining, and the reversions and re- 
 maindere, rents, issues and profits thereof : tp have and to • hold 
 the said lot, piece or parcel of land,.with the premises and, heredita- ' 
 ments hereby granted or mentioned, or intended so to be, with the 
 appurtenances, unto the said D and E F, there, heirs and assigns, 
 j;o.the only proper , use and behoof of them, the said D and E F, 
 their heirs and assigns forever: Provided always, neveriiiele^, . 
 that if the said A B, his heirs, exe<:utQrs or administrators, shall 
 and do well and truly pay, or cause to be paid unto the said 
 bank, the aforesaid promissory note for dollars, on the day 
 
 and tiine hereinbefore mentioned and appointed for- payment there- 
 of, or by other lawful means, save, keep harmless and indemnified, 
 the said D and E F, their heirs, executors and administrators, 
 from the payment'of- said note, and., all costs,^ damages or charges, 
 as sureties aforesaid, then and from,. thenceforth, as well this pre-- 
 sent indenture, and the estate hereby granted, as the sajjd recited 
 
DEEDS. ■ 97 
 
 obligatiQn, shall cease, determine, and become absolutely null a,nd 
 void, any thing hereiri contained to the contrary notwithstanding. 
 - In witness whereof, &c. (as before, on page 16). 
 
 A B. [Seal.] 
 D. [Seal.] 
 E F. [Seal] 
 
 Mortgage ly demise for years. 
 
 This indenture, made this day of • , in the year , 
 
 between L W of , of the one part, and H H and and C A of 
 
 ,-of the other part': Witnesseth, that for and in considera- 
 tion of the sum of dollars, by the said H H^nd C A to the 
 said L W in hand, at and before the sealing and delivery of these 
 presents, well -and truly paid, the receipt whereof the said L W 
 doth hereby acknowledge, and thereof; aSid of every part thereof, , 
 doth acquit, release and discharge the said H H and C A, their 
 executors and administrators forever, by these presents': he, the 
 said L W, hath granted, bargained, sold and demised, and by these 
 presents doth grant, bargain, sell and dernise, unto the said H H 
 and A, their executors, administrators and assigns, all and sin- 
 gular the lot of ground, with the dwelling house thereon, situate, 
 lying and being ^ [here* describe the property], together with all 
 out-houses and appurtenances thereto belonging, or in any wise 
 appertaining, and the reversion and reversions, remainders, rents,' 
 issuSs and profits, of all and singular the said premises : to have 
 and to hold the said lot of ground mentioned to be hereby demised, 
 as aforesaid, with the aj^purtenances, unto the said H H and A, 
 their executors, adiuinistrators and assigns, from the day next be- 
 fore the day of the date of these presents, for and during, and 
 until, the full end and term of years, from; thence next ensu- 
 ing, and- fully to be complete and ended: Provided, always, and 
 these presents are upon this express condition, that if the said 
 L W, his heii's, executors or administrators, or any of them, do 
 and shall well and truly 'pay, or cause to be paid, unto the said 
 H H and C A, their executors, administjators or assigns, at , 
 the sum of dollars, lawful money of tlie United States, with 
 interest for the same, after 'the rate of six per centum per annv/m, 
 in manner following (that is to say) r the sum of dollars, 
 part thereof, being one half-year's interest of the said 
 13 
 
98 • PRACTICAL FORMS. 
 
 dollars, after the rate aforesaid, on the day of . now next 
 ensuing, and wliich, will be in the year of our Lord , and the 
 
 further sum of dollars, being the whole principal money, and 
 
 another half-year's interest thereof; then from and immediately 
 after such paynient so made, as aforesaid, these presents and the 
 said term of years, shall cease, determine, and be absolutely 
 
 null and void, to all intents and purposes whatsoever. And the 
 said L W doth, for hims.elf, his heirs, executors and administratorsj 
 covenant, promise and p.gree, to and with the said H H and A, 
 their executors, administrators and assigns,. by these presents, in 
 manner following (that is to say) : that he, the said L W, his heirs, 
 executors and administrators, or some or one of them, shall and 
 will well and truly pay, or cause to be paid, unto the said H H 
 and A, their executors, administrators and assigns, the sum of 
 dollars, of lawful money, as aforesaid, with interest as above, 
 at the place and times, and in the manner above limited for pay- 
 ment thereof, according to the true intent and meaning of the 
 above written proviso. 
 
 In witness, &c. (as before, on page 16). 
 
 L W. [Seal.] 
 H H. [Seal.] 
 C A. [Seal.] 
 
 Deed of rrwrtgage of goods. 
 
 This indenture, made this day of ' , in the year ' , 
 between A B of , of the one part, and D of , of the 
 
 other part : Witnesseth, that the said A B, in consideration of' the 
 sum of . dollars, by the said C D to the said A B in hand paid, 
 
 at and before the sealing and delivery of these presents, the receipt 
 whereof the said A B doth hereby acknowledge, and thereof, and 
 of every part thereof, doth acquit and discharge the said C D, his 
 executors and administrators, forever, by these presents, he, the 
 said A B„ hath granted, bargained and sold, and by these presents 
 doth grant, bargain and sell, unto the said C D, his executors, ad- 
 ministrators and assigns, all ' and singular the following goods and 
 chattels — that is to say [here describe the goods] ; To have and to ' 
 hold, all and singular, the said goods and chattels unto the said 
 C D, his executors, administrators and assigns forever : Provided, 
 always, and it is hereby agreed and declared, that if the said A B, 
 
DEEDS. 99 
 
 his executors, administrators oi; assigns, or any of them, do or 
 shall well and truly pay, or cause to be paid, unto the said D, 
 his executors, administrators or assigns, the sum of dollars, 
 
 of lawful money, with legal interest thereon, then these presents, 
 and! every clause, article, condition and thing herein contained, 
 shall cease and be void, any thing contained herein to the c^trary 
 jiotwithstanding. And the said. A B, for himself, his heirs, execu- 
 tors and administrators, doth covenant, promise and agree, to and 
 with the said C D, his executors, administrators and assigns, by 
 these presents, in manner following (that is f o say) : that he, the 
 said A B, his heirs, executors and administrators, or some or one 
 of them, shall and will, well and truly pay, or cause to be paid, 
 Tinto the said D, his executors, administrators or assigns, the sum 
 of dollars, of lawful money, with interest as aforesaid, on the 
 
 day of , in the year of our Lord . And further, 
 
 that he, the said AB, his executors, administrators and assigns, 
 all and singular the said goods and chattels hereby bargained and 
 sold, or so intended to be, unto the said G D, his executors, admin- 
 istrators or. assigns, against- him, the said A B, his executors, ad- 
 ministrators or assigns, and ^^^ ^'Hd every other person -or persons 
 whomsoever, shall and will warrant and forever defend by these 
 presents. And the said C D, for himself, his heirs, executors and 
 administrators, doth covenant, promise and agree, to and with 
 A B, his executors, administrators and assigns, that he, the said 
 D, his executors, &c., shall and will, immediately upon the rer 
 ceipt of the said sum of dollars, lawful money, with the in- 
 
 terest thereon, as aforesaid, at the time herein limited and ap- 
 pointed for the payment thereof, deliver, or cause to be delivered, 
 unto the said A B, his executors, &c., all and singular the goods 
 and chattels above bargained and sold, and which at the time of 
 I the executing of these presents are received by the said D, of 
 and from the said A B,- in as good plight and condition as the 
 same now are. 
 
 In witness, &c. (as before, on page 16). 
 
 , ■ A B. [Seal.] 
 
 C p. [Seal.] 
 
100 PRACTIOAU- FORMS. 
 
 Deed of partition. 
 
 This indenture, made this day of ' , in the year , 
 
 between A B of , t of the one part, and D of , of "the 
 
 other part : Witnesseth, that whereas the said A B and C D, par-, 
 ties to this indenture, are seized in fee simple of, and have equa^ 
 shares as tenants in common in and to a certain lot, piece or parcel 
 of land, situatet, lying and being in * , adjoining the lands of E 
 H and M P, and boiinded as follows, to wit : Beginning at [here 
 describe the boundaries of the land] ; which lot, piece or parcel of 
 land was conveyed to the said. A B and D, by E T, by deed 
 bearing date the , day of , in the year ' , and of record 
 
 in the clerk's office of , and to which, for more particular in- 
 
 formation, reference is hereby made: Now, therefore, to the end 
 and intent that a perfect' partition may be had and made between 
 them, the said A B and C I>, of all and singular the lot, piece or 
 parcel of land to them conveyed as aforesaid, and that every of 
 them, their, and every of their heirs, executors, administrators or 
 assigns, may from henceforth, severally, have and enjoy in seve- 
 ralty, without any impeachment or disturbance of the other of 
 them, his or their heirs, executors, administrators or assigns, his 
 and their portion and part of the saial lot, piege or parcel of land 
 to them conveyed as aforesaid, they, the said A B and C Dyby 
 their own mutual consent and agreement, have made partition and 
 division, and by these presents do, for them and their heirs, make 
 partition and division of the said lot, piece or parcel of I'and to 
 them conveyed as aforesaid, in manner and form as hereinafter is 
 mentioned (that is to say) : First, the said A B shall have, for his 
 part and portion of the said lot, piece or parcel of land above men- 
 tioned and described, all that part of said land lying and being 
 [here descsribe A B's portion] : to have and to hold the said part of 
 said lot last described, unto him, the said A B, his heirs and as- 
 signs forever, in severalty, and divided from the part and portion 
 of the said D, his heirs and assigns: And he, the said C D, shall 
 have, for his part and portion of the said lot, piece or parcel of 
 land above mentioned and described, all that part of said land 
 lying and, being [here describe D's portion] : to have and to hold 
 the said part of said lot last describeiJv unto him, the said D, his 
 
DEEDS. 101 
 
 heirs and assigns forever, in severalty, and divided from the part 
 and' portion pf the said A B, as aforesaid. And the said A B, for 
 himself, his heirs, executors and administrators, doth covenant, 
 promise aiad agree to and with the said D, his heirs and assigns, 
 in manner following (ttat is to say): that he, the said D, his 
 heirs and assigns, shall have, hold and enjoy the said part and 
 portion of the above described lot, situate, lying and being in [here 
 describe D's portion], with all and singular the appurtenances 
 thereto belonging; or in any wise appertaining, to and for his and 
 their own use and uses, without the let, suit, hindrance, interrup- 
 tion or denial of the said A B, or his heirs or assigns, or of any 
 other persons claiming, or to daim, by, from or under them, or any 
 of theA, And the said D, for himself, his heirs, executors and 
 administrators, doth covenant, promise and agree to and with the 
 . said A B, his heirs and assigns, in nianner following (that is to 
 say) : that he, the said A B, his heirs and assigns, shall have, hold 
 and enjoy the said part and portion of the above described lot, 
 situate, lying and being in .[here describe A B'g portion], with all 
 and singular the appurtenances thereto belonging, or in any wise 
 appertaining,' to and for his and their own use and uses, without 
 the let, suit, hindrance, interruption or denial of the said D, or 
 his heirs or assigns, or of any other persons claiiaing or to claim, 
 by, frota or 'under them, or any of them. 
 In witness, &c. (astbefore, on page 16). 
 
 A B. [Seal.] 
 D. [Seal.J 
 
 Deed' of partition between cdpart/ners on dissolution of copafther- 
 ship — one taking the debts and the other assigning:. 
 
 . This indenture, made this d8,y of. , in the year , 
 
 .between R of the one part, and J F of the other part : Whereas- 
 the, said parties to these presents have been of late, copartners to- 
 gether in the trade of ; and by reason of the said joint trade 
 and dealings, divers debts became and now are due unto the said 
 E C and J F, for dive^rs goods and wares; and also the said R 
 and J F are and stand engaged for div6rs sums of money : And 
 whereas also the said parties, for divers, good reasons them moving, 
 have concluded and agreed to put an end to their joint trade and 
 
1Q2 PKAOTICAL FORMS. 
 
 copartnership, and tte said E C is contented and hath agreed, for, 
 the consideration hereinafter mentioned, to assign unto the said J 
 F'all the dehts and sums of money which are due and owing unto 
 them, the said E and J F jointly. And the said J F hath like- 
 wise agread and undertaken to discharge* and pay all debts and 
 sums of money which they, the said E and J F, do jointly owe 
 to any person ,or persons, for or by reason of their said joint trade 
 or copartnership : Now, this indenture witnesseth, that the said E 
 C and J F have mutually dissolved the said copartnership ; and 
 the said E C, for the consideration hereinafter in these presents 
 mentioned, hath granted, assigned and set over, and by these pre- 
 sents doth grant, assign and set over, unto the said J F, his execu- , 
 tors, administrators and assigns, all and singular such debts and 
 sums of. money as are owing to the said E C, severally or jointly 
 with the said J F, for or concerning the said joint trade, and all 
 his right, title, interest, property, claim and demand whatsoeyer, 
 in or to .the said debts, or any of them, and also all and singular 
 bills, bonds, speoiaj.ties and securities whatsoever; for and concern- 
 ing the said debts, and the late copartnership between them, all of 
 which said debts are mentioned or expressed in .a certain schedule 
 hereto annexed. To have and to hold all ana every the said debts, 
 specialties and securities unto the said J F, his executors, adminis- 
 trators or assigns, to his and their, own proper use and benefit, 
 without any manner of account therefor to *he given to him, the 
 said E 0, his 'executors, administrators or assigns. And that he, 
 the said E 0, his executors or administrators, shall not, at any time 
 or times hereafter, willingly do or suffer any act or thing to hinder, 
 let or disturb him, the said J F, his executors, administrators or 
 assigltis, in the recovery, getting in or obtaining the said debts, or 
 any of them. In consideration whereof, the said J F, for himself, 
 his executors and administratofs, doth covenant, promise and agree 
 to and with the said E C, his executors and administrators, in man- 
 ner and form following ('that is to say) : That he, the said J F, his 
 executors or assigns, shall and will, at or befoire the day of 
 
 , procure and obtain to and for the said E 0, his executors 
 or administrators, sufficient general release and other discharges in 
 the law, from all the creditors of the copartnership aforesaid ; and 
 also that he, the said J F, his executors or administrators, shall and 
 will, at all times forever hereafter, save, and keep harmless and in- 
 
DEEBS. • 103 
 
 demnified, tte said E 0, his executors or adiainistratprs, against all 
 and every person and persons whatsoever, to whom they, the said 
 E C and J F, or either of them, are indebted, touching or concern- 
 ing the said copartnership, and of and from all actions, suits, costs, 
 damages, charges, judgments, executions and demands whatsoever, 
 which shall at any time hereaft^ arise and come against the said 
 E C, his executors or administrators, or any of his or their lands, 
 tenements, goods and chattels, or any part thereof, for or by reason 
 of any debts or sums of money owing by, or for, or by reason 
 of any bond, specialty, promise or contract touching the said 
 copartijership. 
 
 In witness, &c. (as before, on page 16). 
 
 E 0. [Seal.] 
 J r. [Seal.] 
 
 Deed of release of properly conOeyed v/nder a deed of trust. 
 
 * ■ 
 
 This indenture, made this day of , in the year , 
 
 between F P of , of the first part, B D of , of the second 
 
 part, and E D of , of tHe third part : Whereas, by a certain 
 
 deed bearing date the day of , in the year , made, or 
 
 expressed to be made, between the said B I) (debtor) of the first 
 part, the said F P (trustee) of the second part, and the said E D 
 (creditor), of the third part :, It is witnessed, that in consideration 
 of the sum of dollars by the said F P to the said B D in hand 
 
 paid, he, the said B D, did grant, bargain and sell unto the said F 
 P, his heirs and assigns, al, &c. [here describe the property con- 
 veyed in trust]. To have and io hold the same unto the use of 
 the said F P, his heirs and assigns forever. In trust, nevertheless, 
 that he, the said B D, his heirs, executors or administrators, shall, 
 on or before the day of , well and truly pay unto the said 
 
 E D, his heirs, executors, administrators or assigns, the sum of. 
 dollars, vith legal interest thereon, as by reference being had to said 
 deed, recorded in the clerk's office of court, will more f&lly and 
 at large appear : And whereas the said sum of dollars,, with 
 
 the interest thereon as aforesaid, has been fully paid and satisfied 
 within the time Sti^lated as above,, by the said B D ; an^ he, the 
 said B D, hath, requested the said F P to xeconvey and release the 
 pretaises so conveyed in trust, as above recited, unto him in man- 
 ner hereinafter mentioned : Now, this indenture witnegseth, that 
 
104 ■ PRACTICAI, FOKMS. 
 
 for and in consideratio* of the sum of dollars, lawful money of 
 the United States, to him, the said F P, in hand paid, by the said 
 B D, at or before the sealing and delivery of these presents, the. 
 receipt whereof the said F P doth hereby acknowledge, he, the 
 said F P, the said R D, a party of the third part,, consenting 
 thereto, hath bargained, sold, aligped, released and confirmed, and 
 by these presents doth bargain, sell, alien, release and confirm unto 
 the said B D, his heirs and' assigns, all that messuage, Ac, lying 
 and being in , being the same property that was conv«yed by 
 
 the said B D to the said F P, in trust for the benefit of the said R 
 D, as is above mentioned, with their and every of their ajpiirte- 
 nances, freed and absolutely discharged of and from the said trust, 
 and the principal money and interest thereby secured, and every 
 part and parcel thereof, and all. the estate, right, title and interest . 
 of him, the said F P, trustee, as aforesaid, for R D, in, of, or to the 
 same. To have and to hold the said mesguage, &c. and premises 
 mentioned to be hereby released as aforesaid, with their and every 
 of their appurtenances, unto the said B D, his heirs and assigns, to 
 the only proper use and behoof of the said B Di his heirs and as- 
 signs forever; so as that neither he, the, said F P, nor his heirs, 
 executors, administrators or assigns, shall or may, at any time or 
 times hereafter, have, claim, pretend to, challenge or demand any 
 right, title or interest, claim or demand whatsoever, either in law 
 or equity, in,to, or out of the said premises, or any part or parcel 
 thereof, and all the right, title and interest which he, the said F P, 
 acting as trustee for the said R D, might or could have had, in, to, 
 or out of the said premises, and every part and parcel of the same, 
 is, and by these presents are utterly excluded and forever barred. 
 In witness whereof, &c: (as before, on page 16). 
 
 F P. [Seal.] 
 B D. [Seal.] 
 R D. [Seal.] 
 
 Deed of trust to secure the payment of money. 
 
 Whereas N A of , stands justly indebtedto 'B M of , in 
 
 the sum of dollars, good and lawful money -of the United 
 
 States, by. his bond bearing date the , day of , in the j*ear 
 
 , payable aftea? date, with interest thereon, payable 
 
DEEDS. 
 
 105 
 
 from tlie- date : And whereas N A desires to secure more effec- 
 ttially the payment of the said sum of dollars, with interest 
 
 as aforesaid : Now, therefore, this deed, made the day of , 
 
 in the year , between N A of the first part, (trustees) of 
 
 the second part, and B M of the third part : "Witnesseth, that the' 
 said N A, for and in consideration of the sum of dollars to him 
 in hand paid by the said , before the sealing and delivery of 
 
 these presents, the receipt whereof is hereby acknowledged, hath 
 granted, bargained. Sold, aliened, enfeoffed, released and confirmed, 
 and by these presents doth grant, bargain, sell, alien, enfeoff, re- 
 lease and confirm unto the said , their heirs and assigns, a 
 oertaia lot, piece or parcel of land, situate, lying knd being in 
 
 (it being the same property which was conveyed to the said 
 N A, by E T, by deed dated the day of , in the year , 
 
 and of record in the ofiice of the court of- ), bounded as fol- 
 
 lows, to wit [here give the boundaries], together with all the. estate, 
 right, title, interest and . property, claim and demand whatever, of 
 him, the said N A, in law or equity, or otherwise however, of, in, 
 to or out of the same. To have and to hold the said lof, piece or 
 parcel of land, 'and every part and parcel thereof, with their ap- 
 purtenances, unto the said , their heirs and assigns forever, 
 and to the only proper use and behoof of the said , their 
 heirs and assigns forever. And the said N A, for himself, his 
 heirs, executors and administrators, doth covenant, promise, grant 
 and agree to and with the said , their heirs and assigns, by 
 these presents, in manner and form following, to wit : That he, the 
 said N A, his heirs and assigns, the said lot, piece or parcel of lind 
 and premises hereby granted or intended so to be, with the appur- 
 tenances, unto the said , their heirs and assigns, against him, 
 the said N A, and his heirs, and against all and every person or 
 persons whatever, will warrant and forever defend by these pre- 
 sent3. In trust, nevertheless, and for the following use, intent and 
 purposes, and none other, that if the said N A, his heirs, executors 
 or administrators, shall fail or refuse to pay to the said B M as 
 aforesaid, his heirs, executors, administrators or assigns, the said 
 sum of dollars, specified in the said bond, after the date 
 of the said bond, or shall fail or refuse to pay the interest thereon, 
 at the time or times mentioned in the said bond, then the said 
 
 shall, so soon after such failure or refusal as they or the sur- 
 14 
 
108 PRACTICAL FORMS. 
 
 vivors or survivor of them shall be required so to do by the said 
 B M, his heirs,, executors, administrators or assigns, proceed to sell 
 at public auction, upon the premises, for cash, first giving 
 days' notice of the time and place of sale, in one or more of the 
 newspapers printed in , the said lot; piece or parcel of land 
 
 hereby conveyed, and out of the proceeds of such sale they shall 
 first pay all costs and charges attending the execution of this trust ; 
 secondly, they shall pay to the said B M, his heirs, executors, ad- 
 ministrators and assigns, the said sum of dollars, with all the 
 interest that shall have accrued thereon and remained unpaid, and 
 the balance, if any, they shall pay to, the said N A, his heirs, ex- 
 ecutors, administrators or assigns ; and if the said N A shall well 
 and truly pay and discharge the said bond, then this deed shall be 
 void, else shall remain in full force and virtue. 
 In witness, &c. (as before, on page 16). 
 
 N A. [Seal.] 
 B M. [Seal.] 
 
 Deed, of trust of personal estate. 
 
 An indenture, made this day of , in the year , 
 
 between H of the first part, E S of the second part, and A E of 
 the third part: Whereas the said H C is justly indebted to the said 
 A E in the sum of dollars, lawful money of the United States, 
 
 to be paid on the day of , in the year , as by a note 
 
 dated the day of , in the year , more fully appears : 
 
 which debt, with the legal interest thereon accruing, the said H 
 is willing to secure : Now, this indenture witnesseth, that for and 
 in consideration of the premises, and also for the further conside- 
 ration of dollars, lawful money of the tJnited States, to the 
 said.H in hand paid by the said R S, at or before the sealing 
 and delivery of these presents, the receipt whereof is hereby ac- 
 knowledged, he, the said HC, hath bargained and sold, and doth 
 hereby bargain and sell unto the said R S, his executors, adminis- 
 trators and assigns, the following property, to wit [here describe 
 the property conveyed] : To have and to hold the said property to 
 the said R S, his executors, administrators and assigns, and to the 
 only proper use and behoof of the said R S, his executors, &c. 
 forever. _ .Upon trust, nevertheless, that the said R S, his executors, 
 administrators and assigns, shall permit the said H to possess 
 
DEEDS. . 107 
 
 and enjoy the use and benefit of the said property, until default 
 be made in the payment of the said sum of dollars, or any 
 
 part thereof, with interest thereon as aforesaid. And then upon 
 this farther trust, that the said R S, his executors, administrators 
 or assigns, shall and will, so soon after the happening of such de- 
 fault of payment, as he or they may think proper, or said A E, his 
 heirs, executors, adminiBtrators or assigns, shall request, sell the 
 said property, or such part thereof as may be deemed necessary, 
 to the highest bidder, for cash, at public auction, after having fixed 
 the time and place of sale, at his or their discretion, and given 
 days' notice thereof, in one of the newspapers published in 
 And out of the moneys arising from- such sale, after satisfying the 
 chaTges thereof, and all other expenses attending the premises, pay 
 to the- said A E, his heirs, executors, administrators or assigns, the 
 sum of dollars, with the interest which may thereon have ac-' 
 
 crued, or so much of said sum as may then be due aifd- unpaid, 
 and the balance, if any, shall pay to the said H 0, his heirs, execu- 
 tors, administrators or assigns. But if the whole of the said sum 
 of dollars, with interest as aforesaid, shall be fully paid and 
 
 dischaarged to the said A E, his heirs, executors, administrators or 
 assigns, when the same is payable, so that no default of payment 
 of the said sum, or any part thereof, be made, then this indenture 
 to be void, or else to remain in full force and virtue. 
 Ih witness, &Ci (as before, on page 16). 
 
 HO. [Seal.] 
 R S. [Seal.]' 
 A E. [Seal.] 
 
 Deed of trvst to. indeTrvrnfy^ surety. 
 
 An indenture, made this day of , in the year* , 
 
 between T D of , of the first part, M W and H of the second 
 
 part, and S R of the third part: Whereas the said party to the 
 third part has become bound with, and as surety for the said T D, 
 for the payment of dollars to N P, to be paid on the day 
 
 of , in the year , as fully appears by the bond' of the said 
 
 parties to the first and third parts to this indenture, dated 
 day of , in the year : And whereas it is the wish of 
 
 the said T D to keep indemnified his said surety, and to save him 
 harmless from all actions, suits, charges; payments and damages, 
 
108 PEACTICAL FOKMS. 
 
 by reason of his having become bound as aforesaid r Now,, this 
 indenture witnesseth, that for and in consideration of the premises, 
 and also for the farther consideration of dollars, lawful money 
 
 of the United States, to the said T D in hand paid by the said M 
 W and H, at and before the sealing and delivery of this inden- 
 ture, the receipt whereof the said T D hereby acknowledges, he, 
 the said T D, hath given, granted, bargained, sold, aliened, en- 
 feoffed, released, transferred and confirmed, and by these presents 
 doth give, grant, bargain, sell, alien, enfeoff, release, transfer and 
 confirm, to the said M W and C H, their heirs, executors or ad- 
 ministrators, all the right, title, interest and estate of him, the 
 said T D, in and to the lot, piece or parcel of land, with the tene- 
 ments and premises thereon, situate, lying and being in , 
 being the same property that was conveyed to him, the said T D, 
 by J C, by deed bearing date day of , in the year , 
 and of record in the clerk's office of court, to which, for fur- 
 ther information, reference is hereby made : To have and to hold 
 said property hereby conveyed, unto the said M W and H, their 
 heirs, executors or administrators, forever. Upon trust, neverthe- 
 less, that the said M W and C H, their heirs, executors or admin- 
 istrators, shall permit the said T D to receive and enjoy the rents of 
 said tenement hereby conveyed, until default be made in the pay- 
 meat of the said sum of dollars, or any part thereof, so that the 
 said party to the third part, or his heirs, executors or administrators, 
 shall be damnified by reason of his having become surety as afore- 
 said. And then upon this farther trust, that they, the said trustees, 
 or either of them, or the survivor qf them, or the heirs, executors 
 or administrators of such survivor, shall and will, so soon after 
 the happening of such default and damnification, as aforesaid, as 
 they or" either of them, or the survivor of them, or the heirs, 
 executors or administrators of such survivor may think proper, 
 or the said party to the third part, or his heirs, shall request, 
 sell the said property hereby conveyed, at public auction, to the 
 best bidder, for cash, after having given notice of the time and 
 place of such sale days, in some newspaper published in 
 . And out of the moneys arising from such sale, shall, after 
 satisfying the charges attending such sale, pay to the said , surety 
 all damages which he may have been subjectsd to by having joined 
 in the bond aforesaid, and the- balance, if ^ny, p.ay jjp the said 
 
DEEDS. 109 
 
 T D, his heirs, executors or administrators. But if the whole 
 amount of the debt aforesaid shall be fully paid at the time afore- 
 said, by him, the said T D, so that his surety aforesaid, or his heirs, 
 executors or administrators, shall not be damnified by reason of 
 his aforesaid undertaking, then this indenture to be void, else to 
 remain in full force and virtue. 
 
 In witness, &c. (as before, on page 16). 
 
 T D. [Seal.] 
 M W. [Seal] 
 C H. [Seal.] • 
 
 Deed for land sold under a deed of trust. 
 
 This indenture, made this day of , in the year - , 
 
 between j\. S of , of the one part, and H T of , of the 
 
 other part : Whereas a certain M N of , by a certain deed, 
 
 bearing date the day of , in the year , and recorded 
 
 in the clerk's office of court, did give, grant, bargain and sell 
 
 unto the said A S, his heirs and assigns, all thsCt certain lot, piece 
 or parcel of land, situate, lying and being in , together with 
 
 the tenement and premises thereto belonging, or in any wise ap- 
 ' pertaining, in trust, for the benefit of a certain C L. And by 
 which deed the said A S, his heirs and assigns, and the survivor 
 or survivors of them, was and were empowered, on failure of the 
 said M N to perform certain acts and deeds therein mentioned, to 
 sell the said property, or as much thereof, as shall be found neces- 
 sary to fulfil the purposes of the said trusts and provisoes therein 
 contained : And whereas the said M N failed to perform the re- 
 quirements contained in said deed, and the said A S, in execution of 
 •the trust as above created, did, on the " day of . , after giving 
 
 days' notice of the time and place of sale, by advertising the 
 same in the newspaper called , published in , expose 
 
 to sale the lot, piece or parcel of land, situate, lying and being in 
 the county of , together witji the tenement and premises 
 
 thereto belonging, or in any wise appertaining,,and which property 
 was conveyed to the said M N by E P, by deed bearing date the 
 
 day of , in the year , and which is recorded in the 
 
 clerk's office of court, and to which deed reference is hereby 
 
 made for a more particular description of the said property. At 
 
110 PRACTICAL FORMS. 
 
 ■whicli sale the said H T became the purchaser thereof, being the 
 highest bidder : Now, this indenture witnesseth, that the said A S, 
 in performance of his duties as trustee of and for the said L, 
 and for and in consideration of the sum of dollars, good and 
 
 lawful money of the United States, to him, the said A S, in hand 
 paid by the said H T, at or before the sealing and delivery of 
 these presents, and which he, the said A S, doth hereby acknow- 
 ledge ; the said sum of dollars to be applied by the said A S, 
 first to defray all the expenses attending the execution of the trust 
 ■created by the above part j:ecited de§d; and secondly, to pay unto 
 the said L, his heirs and assigns, all the sum or sums of money 
 due and owing him or them by or from the: said M N,. and the resi- 
 due, if any, to refund to the said M N, his heirs and assigns, in 
 accordance with the provisions of the above deed, to which refer- 
 ence is hereby made for further information, hath given, granted, 
 bargained and sold, and by these presents doth give, grant, bar- 
 gain and sell unto the said H T, his heirs, executors and adminis- 
 trators, the lot, piece or parcel of land, together with the tenement 
 and premises therefo belonging, as above mentioned and described, 
 with all the appurtenances thereto appertaining and belonging: 
 To have and to hold the said lot, with its appurtenances, unto the 
 said H T, his heirs and assigns, and to the only proper use and be- " 
 hoof of the said H T, his heirs and assigns, forever. And the said 
 A S the said lot, piece or parcel of land, with all the premises and 
 appurtenances thereto belonging, wr in any wise appertaining, unto. 
 the said H T, his heirs, &c., will warrant and forever defend, by 
 these presents, from and against all and every claim or claims, de- 
 mand or demands of him, the said A S, his heirs, Ac, and against 
 all and every person or persons claiming by, through or under him 
 or them. 
 
 In witnes?, &c., (as before, on page 16-). 
 
 A S. [Seal.] 
 H T. [Seal.] 
 
DEEDS IN VIKGINIA. Ill 
 
 XIV. 
 
 DEEDS 11^ VIRGINIA. 
 
 Deed cmrneying grantors^ whole interest, without conencmts of title. 
 
 This deed, made the day of , in the year , between 
 
 A B and Caroline his wife, of the one part, and D of the other 
 part : Witnesseth, that in consideration of [here state the conside- 
 ration], the said A B and Caroline his wife do grant unto the said 
 C D all, &c. [here describe the property]. 
 Witness the following signatures and seals. 
 
 AB. [Seal.] 
 
 CAEOLmE B. [Seal.] 
 
 Deed of bargain and sale, with covenant of general warranty. 
 
 This deed, made' this day of , in the year , between 
 
 A B and Caroline his wife, of the one part, and D of the cjther 
 part : Witnesseth, that in consideration of the sum of dollars, 
 the said A B and Caroline his wife do grant unto the said C D, 
 with ^ewera^ warranty [here describe property conveyed]. 
 Witness the following signatures and seals. 
 
 A B. [Seal.] 
 
 CAEOLINE. B. [Seal.] 
 
 Deed of "bargain and sale, with covenant of special warranty. 
 
 Follow next preceding Form, inserting the word '' special" in 
 lieu of the word "general." 
 
 Ihrm of deed of bargaiin and sale, with general warranty, contain- 
 ing covenfmts of title, dc. 
 
 This deed, made this day of , in the year one thousand 
 
 eight hundred and , between A B and Jane his wife, of the 
 
 city of Eichmond, parties of the first part, and E S of the county 
 of Hanover,, party of the second part : Witnesseth, that in con- 
 sideration of the sum of dollars, the said A B and Jane his 
 wife do grant unto the said E S, with general warranty, all [here 
 describe property conveyed]. , , 
 
112 PRACTICAL FORMS. 
 
 The said A B covenants that he has the right to convey the said 
 land to the grantee ; that he has done no act to enciimber the 6aid 
 land ; that the grantee shall have quiet possession of the said land, 
 free from all encumbrances ; and that they, the said parties of the 
 first part, will execute such further assurances of the said land as 
 may be requisite. 
 
 Witness the following signatures and seals. 
 
 ' ' A B. [Seal.] 
 
 JANE B. [Seal.] 
 
 Note. — The utility of these covenants of title will be seen, on 
 reference to 2 Loniax's Digest, Real Property, 263-277. These 
 covenants are usually inserted in English conveyances, but have 
 been- greatly neglected in Virginia. They are beneficial to the 
 grantee, afibrding a readier remedy, in case of defective, title, than 
 can be had under the general warranty alone, and it is therefore 
 better to insert them in every case in which they may be lawfully 
 required by the purchaser. As to measure of relief, and time at 
 which it may be afibrded, on covenant for general warranty alone, 
 see 3 Gall, 220 ; 1 H. & M. 202 ; 2 H. & M. 164 ; 1 Munf. 500 ; 
 4 Munf. 332 ; 5 Munf. 415 ; 2 Eand, 132. 
 
 Form of lease, with covenants for pai/ment of rent, re-entry, c£e. 
 
 This deed, made the day of, , in the year , between 
 
 A B of the one part, and D of the other part : Witnesseth, that 
 the said A B doth demise unto the said C D, his personal repre- 
 sentative and assigns, all, &c. [here describe the property], from the 
 day of , , for the term of thence ensuing, yielding 
 
 therefor, during the said term, the rent of [here state the rent, 
 and mode of payment.^] 
 
 The said A B covenants for the lessee's quiet enjoyment of 
 his term. 
 
 The said D covenants to pay the rent ; to pay the taxes ; that 
 he will not assign without leave ; that he will leave the premises 
 in good repair ; and that the lessor may re-enter for default of 
 days in the payment of rent, or for the breach of covenants.(*) 
 
 Witness the follo.wing signatures and seals. 
 
 A B. [Seal.] 
 D. [Seal.] 
 
 _' Any of these covenants may be omitted. The insertion of them 
 will be determined by the contract between the parties. 
 
DEEDS IN VIKGINIA. 113 
 
 Form of lease, with covenant for renewal. 
 
 Follow next preceding Form to (*), and then proceed : 
 The said A B covenants that he will, on or before the expiration 
 of this present lease, at the request and expense of the said D, his 
 executors, administrators or assigns, grant and execute to him and 
 them a new lease of the premises hereby demised, with their ap- 
 purtenances, for the further term of years, to commence from 
 the expiration of the term hereby grapted, at the same yearly rent, 
 payable in the like manner, and subject to the like covenants and 
 agreements (except a covenant for further renewal) as are contained 
 ip these presents. 
 
 Witness the following signatures and seals. 
 
 A B. [Seal.] 
 C D. [Seal.] 
 
 A deed of triost to secure the payment of one note or bond. 
 
 This deed, made this day of , in the year one thousand 
 
 eight hundred and , between A B of the city of Eichmond, of 
 
 the one part, and D F of the said city, of the other part : Wit- 
 nesseth, that the said A B doth grant unto the said D F the fol- 
 lowing property, to wit [here describe the property] : 
 
 In trust, to secure to C E of the city of Eichmond, the payment 
 of the sum of a negotiable note, drawn by the said A B, dated' the 
 
 day of , and payable to the said E, or order, 
 
 months after its date, being for the sum of dollars [or if a 
 
 bond, say : of a certain bond executed by the said A B, bearing 
 date on the day of , and being for the payment of 
 
 dollars, on the day of ]. 
 
 And it is covenanted and agreed between the parties aforesaid, 
 that in case of a sale the same shall be made, After first advertising 
 the time, place and terms thereof, for days^ in some newspaper 
 
 ^ The sixth section of statute requires " reasonable notice." This 
 term is uncertain, and it is therefore advisable that the deed should 
 specify the number of days and manner of advertisement. In the 
 country it is usual, either in addition to, or in exclusion of the 
 advertisement in newspaper, to require a notice to be posted up at 
 the front door of the courthouse, or at some other public place. 
 
 16 
 
114 PRACTICAL FOKMS. 
 
 published in the city of Richmond, and upon the following terms, 
 to wit : for cash as to so much of the proceeds as may be necessary 
 to defray the expenses of executing this trust, the fees for draw- 
 ing and recording this deed, if then unpaid, and to discharge the 
 amount of money, principal and interest, then payable upon the 
 said note (or bond) ; and if there be any residue of said purchase 
 money, the same shall be made payable at such time, and be se- 
 cured in such manner as the said A B, his executors, administra- 
 tors or assigns, shall prescribe and direct, or in case of his or their 
 failure to give such direction, at such time and in such manner as 
 the said D F shall think fit. The said A B covenants to pay all 
 taxes, assessments, dues and charges upon the said property hereby 
 conveyed, so long as he or his heirs or assigns shall hold the same. 
 Witness the following signatures and seals. 
 
 A B. [Seal.] 
 D F. [Seal.] 
 
 A deed of trust to secure the payment of two or mare notes or honds. 
 
 This deed, made this day of , in the year one thousand 
 
 eight hundred and , between A B of the city of Richmond, of 
 the one part, and D F (trustee) of the said city, of the other part : 
 Witnesseth, that the said A B doth grant- unto the said D F the 
 following property, to wit [here describe the property conveyed] : 
 
 In trust, to secure to E of the city of Richmond, the payment 
 of the sum of two bonds (or notes), the first bearing date on the 
 day of , payable after its date, and the second bear- 
 
 ing date on the day of , payable after its date, both 
 
 executed by the said A B, and payable to the said C E. In the 
 event of default in the payment of either of said bonds (or notes)j 
 in whole or in part, at the periods they shall respectively fall due, 
 sale may be made.^ And it is covenanted and agreed between the 
 parties aforesaid, that in case of a sale, the same shall be made, after 
 first advertising the time, place, and terms thereof, for days, 
 
 ' This provision is inserted for abundant caution. Though it may 
 not be absolutely necessary, yet as doubts may be raised as to the 
 meaning of the term " the debt becoming payable," used in the 
 statute; it is well to avoid such objections. See also note to next 
 preceding form. 
 
DEEDS IN VIRGINIA. 115 
 
 in some newspaper publisted in tHe city of Riclimopd, and upon 
 the following terms, to wit : for cash, as to so muoli of the proceeds 
 as may be necessary to defray the expenses of executing this trust, 
 the fees for drawing and recording this deed, if then unpaid, and 
 to discharge the amount of money, principal and interest, then 
 payable upon .the said bonds (or notes) ; and if at the time of such 
 sale, any bond or bonds (or note or notes), shall not have become 
 due and payable, and the purchase money be sufficient, such part, 
 or parts of the said purchase money as will be sufficient to pay oS 
 and discharge such remaining bond or bonds (or note or notes) 
 shall be made payable at such time or times as the said remaining 
 bond or bonds (or note or notes) will become due ; the payment of 
 which part or parts shall be properly secured ; and if there be any 
 residue of said purchase money, the same shall be made payable 
 at such time, and be secured in such manner, as the said A B, 
 his executors, administrators or assigns, shall prescribe and direct ; 
 or in case of his or their failure to give such direction, at' such time 
 and iu such manner as the said D F shall think fit. The said A B 
 covenants to pay all taxes, assessments, dues and charges upon the 
 said property hereby conveyed, so long as he or his heirs or assigns 
 shall hold the same. 
 
 "Witness the following signatures and seals. 
 
 A B. [Seal.] 
 D F. [Seal.] 
 
 A deed of trust to indemnify a surety on a bond. 
 
 Whereas S R has become bound with, and as surety for T D, for 
 the payment of dollars to N P, to be paid on the day of 
 
 , in the year , as fully appears by the bond of the said 
 
 T D and S E, executed to the said N P, dated the day of , 
 
 in the year : and whereas it is the wish of the said T D to 
 
 keep indemnified his said surety, and to save h^m harmless from 
 all damages, by reason of his having become bound as aforesaid : 
 Now, therefore, this deed, made the day of , in the year 
 
 , between the said T D of the one part, and J K (trustee) of 
 the other part : Witnesseth, that the said T D doth grant unto the 
 said J K the following property [here describe it] : 
 
 In trust, to secure the said S E from all loss and damage by rea- 
 son of the suretyship aforesaid. And it is provided that the said 
 T D shall be in possession of the said property, and receive an4 
 
116 PRACTICAL FORMS. 
 
 enjoy the rents and profits thereof, until default be made in the 
 payment of the said sum of dollars, or any part thereof, for 
 
 which the said bond was given as aforesaid ; and upon such default 
 being made, the said J K shall, after advertisement for days 
 
 in some newspaper published in the city of Richmond, proceed to 
 sell at public auction, on the premises, for cash to the highest bid- 
 der, the said property, the proceeds of which sale to be applied as 
 required in such cases by the sixth section of chapter 117 of the 
 Code of Virginia. The said T D covenants to pay all taxes, assess- 
 ments, dues and charges upon the said property hereby conveyed, 
 so long as he or his heirs or assigns shall hold the same. 
 
 Witness the followine signatures and seals. 
 
 , T D. [Seal.] 
 
 J K. [Seal.] 
 
 A deed of trust to mdernnify an endorser. 
 
 This deed, made the day of , in the year , between 
 
 A B of the city of Richmond, party of the first part, C D of the 
 said city, party of the second part, and E F of the said city, party 
 of the third part : Whereas the said E F, party of the third part, 
 hath endorsed, for the benefit and accommodation of the said A B, 
 party of the first part, four negotiable notes, drawn by the said A B, 
 bearing even date with this deed ; the first for the sum of $ 600, 
 payable four months after its date ; the second for the sum of $400, 
 payable eight months after its date; the third for the sum of $300, 
 payable twelve months after its date ; and the fourth for the sum 
 of $200, payable sixteen months after its date: And whereas the 
 said E F may, for the like benefit and accommodation of the said 
 A B, endorse other note or notes given in renewal or continuation 
 pf the said four notes, or either of them, in whole or in part ; and 
 the said A B being desirous of securing the said E F against all 
 loss on account of endorsements already made, or hereafter to be 
 made, for the benefit and accommodation of him, the said A B, as 
 aforesaid, and to effect this purpose hath consented to convey in 
 trust the property hereinafter described : Now, therefore, this deed 
 witnesseth, that the said A B, in consideration of the premises, 
 doth grant unto the said G D all that [here describe the property 
 conveyed] : 
 
 In trust, to secure the said E F against all loss and damage by 
 r.eason of endorsements alr.eady made by the said E F, on the said 
 
DEEDS IN VIRGINIA. 117 
 
 four notes, and of such other endorsement or endorsements whicii 
 he may hereafter make on other note or notes given in renewal or 
 continuation of the said four notes, or either of them, in whole or 
 in part. 
 
 And if the said E F should be compelled to pay, or shall pay at 
 or after maturityf* the said four notes, or either of them, in whole 
 or in part, or should the said E F be compelled to pay, or shall 
 pay at or after maturity, any note or notes given in renewal or con- 
 tinuation of the said four notes, or either of them, in whole or in 
 part, then, and in either event, the said E F may require the said 
 G D to advertise and sell the said property so conveyed, in execu- 
 tion of this trust. If sale be requirted by said E F, or his heirs, 
 personal representatives or assigns, the said D shall make such 
 sale, after first advertising the time, place and terms thereof, in 
 some newspaper published in the city of Eichmond, for days ; 
 
 said sale to be made at public auction, on the premises, to the 
 highest bidder, and upon the following terms, to wit : for cash as 
 to so much of the proceeds as may be necessary to defray the ex- 
 penses of executing this trust, the fees for drawing and recording 
 this deed, if then unpaid, and to discharge, the amount of money 
 then paid by said E F, with interest thereon from the time of such 
 payment ; and if at the time of such sale, either one or more of 
 said four notes, or notes given in renewal or continuation of the 
 same, or either of them, in whole or in part, shall not have become 
 due and payable, and the purchase money be sufficient, such part 
 or parts of the said purchase money as will be sufficient to pay off 
 and discharge such remaining note or notes, shall be made payable 
 at such time or times as the said remaining note or notes will be- 
 come due ; the payment of which part or parts shall be properly 
 secured ; and if there be any residue of said purchase money, the 
 same shall be made payable at such time, and be secured in such 
 manner, as the said A B, his executors, administrators or assigns, 
 shall prescribe and direct ; or in case of his or their failure to give 
 such direction, at such time and in such manner as the said C D 
 shall think- fit. The said A B covenants to pay all taxes, assess- 
 ments, dues and charges upon the said property hereby conveyed, 
 so long as he or his heirs or assigns shall hold the same. 
 Witness the following signatured and seals. 
 
 A B. [Seal.] 
 C D. [Seal.] 
 
118 PRACTICAL FOEMS. 
 
 Deed of release. 
 
 This deed, made the day of , in the year , between 
 
 C D (trustee), party of the first part, A B, party of the second part, 
 and E F, party of the third part : Whereas, by a deed dated the 
 day of , in the year , and of. record in the clerk's 
 
 office of county court, the said A B,in order to secure to the 
 
 said E F the payment of a certain bond executed by the said A B, 
 and payable to the said E F, bearing date on the day of , 
 
 in the year , and for the payment of the sum of $ on the 
 
 day of , 18 , did convey in trust to the said C D certain 
 
 property set forth and described in said deed, as follows [here copy 
 description of property, as contained in trust deed] : and whereas 
 the said bond has been fully paid, and the said A B desires the 
 said property to be released to him : Now, therefore, this deed wit- 
 nesseth, that the said C D, trustee 'as aforesaid, in_ consideration of 
 the premises^ and by and with the consent of the said E F, testified 
 to by his becoming a party to this deed and signing and sealing 
 the same, doth grant and release unto the said A B all that [here 
 describe the property released]. The said E F releases to the said 
 A B all his claims upon the said land. 
 
 Witness the following signatures and seals. 
 
 C D. [Seal.] 
 E F. [Seal.] 
 
 A release of cMm to property other than lien of a trmt deed} 
 
 This deed, made the day of , in the year , between 
 
 A B of the one part, and D of the other part : Witnesseth, that in 
 consideration of the sum of dollars, the said A B releases all his 
 claims upon the lands [here describe premises] unto the said C D. 
 
 Witness the following signature and seal. 
 
 [Seal.] 
 
 •This may be efiected by Form on p. Ill, which conveys all the 
 grantor's interest. 
 
DEEDS IN VIRGINU. 119 
 
 Form of a deed from clerh to purchaser of land sold for 
 delinquent taxes. 
 
 This deed, made the day of , in the year 18 , between 
 
 J E, clerk of the county court of Henrico, of the one part, and 
 of the other part : Whereas a " list of real estate within 
 the county of Henrico, sold in the months of October and Novem- 
 ber, 1850, for the non-payment of taxes thereon for the years 1845, 
 '46, '47, '48 and '49, with a certificate attached thereto of such oath 
 as is prescribed by the 10th section of chapter 37 of the Code of 
 Virginia, was returned to the court of said county on the 8th day 
 of January, 1851, being the second term next after the completion 
 of the said sales ; and the court seeing no cause to doubt the cor- 
 rectness of the list, ordered a copy thereof to be certified to the 
 first auditor : And whereas by the said list it appears that , 
 
 charged in the column representing the quantity of land charged 
 with the taxes on of land, the local description of which was 
 
 ; that the amount of taxes due thereon was ; that the 
 
 quantity of land was ; that said sale was made on 7th October, 
 18 ; that the entire tract of land was sold ; that the name of the 
 purchaser was , and the amount of purchase money ; 
 
 and the said purchaser had a report made by the surveyor of the 
 county, to' the court thereof, according to the 15th section of said 
 chapter 37 of the Code, and the said court seeing no objection to 
 said report, did, on the day of , 18 , order the "same to 
 
 be recorded ; and two years having expired since the said sale, the 
 purchaser of the said real estate alleging the same has not been 
 redeemed, has applied for a deed conveying the same : Now, this 
 deed witnesseth, that in consideration of the premises, and pur- 
 suant to the 16th section of chapter 37 o'f the' Ood.e, the said J E, 
 clerk of the said county court of Henrico, doth grant unto the said 
 the said real estate so sold to him, and specified in the 
 report made by the surveyor as aforesaid. 
 
 Witness the following signature and seal. 
 
 J E, Clerk. [Seal.] 
 
120 PRACTICAL FORMS. 
 
 Deed from tribstee for married woman to pwrchaser. 
 
 To J D, trustee for my benefit in a deed 
 
 from M B,, dated the day of , 18 : 
 
 Sie: 
 
 I request you to make sale of the property conveyed 
 by the said deed to Albert A, at the price of dollars, and to 
 
 convey the same to the said purchaser. 
 
 Witness my hand and seal on this ' day of , 18 . 
 
 WitnesB as to Caroline. B ; ■) CAKOLINE B. [Seal.] 
 
 Joseph P. > 
 
 QuiNTua E. J 
 
 This deed, made this day of 18 , between J D, trus- 
 
 tee, as hereinafter mentioned, party of the first part, and Albert 
 A, party of the second part : Whereas M E, by deed dated on the 
 day of - , and recorded in the clerk's office of Henrico 
 
 county court, conveyed in trust to the said J D, trustee, the land 
 hereinafter mentioned, upon the following among other trusts, to 
 wit, that whenever directed by Caroline B, the wife of Eobert B, 
 by a writing under her hand and seal, attested by two witnesses, 
 the said J D, trustee as aforesaid, should sell and convey the land 
 to the purcha'ser ; and the said Caroline B hath, by a writing under 
 her hand and seal, dated the day of 18 , and attested 
 
 by two witnesses, directed the said J D, trustee as aforesaid, to sell 
 and convey the said land, hereinafter mentioned, unto Albert A, at 
 the price of dollars, which direction in writing is annexed to 
 
 this deed : Now, therefore, this deed witnesseth, that the said 
 J D, trustee as aforesaid, in consideration of the premises, and of 
 the said sum of dollars, and by the direction in writing as 
 
 aforesaid of the said Caroline B, under her hand and seal, attested 
 by two witnesses, doth grant, with special warranty, unto the said 
 Albert A all that' land lying and being [here describe the location 
 of the property conveyed]. 
 
 Witness the following signature and seal. 
 
 J D, Trustee. [Seal.] 
 
DEEDS IN ALABAMA. 121 
 
 XV. 
 
 DEEDS IN" THE SEVERAL STATES. 
 
 Alabama. 
 Deed of bargain and sale, with genefral warraviy. 
 
 This indenture, made J;tis day of , 1856, between Wil- 
 
 liam Jarratt and Mary his wife, of the county of Limestone, and 
 State of Alabama, of the one part, and' David Eidgway, of the 
 same county and State, of the second part : Witnesseth, that the 
 said William Jarratt and Mary his wife, for and in consideration of 
 the s4m of -dollars to them in hand paid by the Said Eidgway, 
 the receipt whereof is hereby acknowledged, have this day bar- 
 gained, sold and conveyed, and by these presents do bargain, sell 
 and convey unto the said Eidgway all thai tract of land lying in 
 the B^id county of Limestone, and State aforesaid, known as the 
 northeast quarter of section twenty-five, township six, range four 
 west, containing acres, more or less. To have and to hold the 
 
 above named tract of land, with all tenements and appurtenances 
 thereto belonging, unto the said Eidgway, his heirs and assigns, 
 forever. 
 
 {And the said William Jarratt, and Mary his wife, for themselves, 
 their heirs, administrators and executors, do hereby, and in con- 
 sideration of the premises, warrant and will forever defend the title 
 to the above described tract of land, and all its tenements and ap- 
 purtenances, unto the said EidgWay, his heirs and assigns, from and 
 against themselves, and all persons claiming or holding under them, 
 the said Jarratt, and Mary his wife, and also against the lawful 
 claim or demand of all other persons whomsoever.] 
 
 In testimony whereof, the parties have hereunto set their hands 
 and affixed their seals the day and year above written. 
 
 WILLIAM JAEEATT. [Seal.] 
 MAEy JAEEATT. [Seal.] 
 DAVID EIDGWAY. [Seal.] 
 
 16 
 
122 PRACTICAL rOEMS. 
 
 The following is tlie short form of the same instrument : 
 Short form of deed of hargdin and sale. 
 
 In consideration of dollars, received of , do hereby 
 
 grant, bargain, sell and conyey unto the said , and to 
 
 heirs and assigns forever, the following tract of land in , 
 
 to wit [here describe land] : And the said do hereby 
 
 covenant with the said , that seized of an estate in fee 
 
 simple in said land ; that said land is free from any incumbrance ; 
 and that will warrant and defend the title of the said , 
 
 heirs and assigns,, thereunto, forever. 
 
 In testimony whereof, have hereunto set hand and seal 
 this day of , A. D. 18 / 
 
 Executed in presence of ) . [Seal.! 
 
 ' [Seal.] 
 
 The following is a short form of a qnit-ckim deed in Alabajna : 
 
 Form of quit-claim deed. 
 
 In consideration of dollars, received of L S, we A B, and 
 
 Caroline his wife, hereby remise, release, and forever quit-cMm 
 unto the said L S, and to his heirs and assigns, all the right, title 
 and claim which we have, in and to the. following tract of land, in 
 the county of , to wit [here describe land] : 
 
 In testimony whereof, we have, hereunto set our hands and seals 
 this day of , A. D. 18 . 
 
 Executed in pieseneS of | A B. [Seal 1 
 
 ^ CAEOLINE B. [Seal.] 
 
 Deed of trust. 
 
 This indenture, made and entered into this the day of 
 18 , by and between A B of the first part, C D of the second part, 
 and E F of the third part, all of the county of , ii) the State 
 
 of Alabama: Whereas the, said party of the first part is justly 
 indebted to' the said party of the third part, in the sum of 
 dollars, due [here specify the, nature of the debt], on the day 
 
 of I 18 ,'as Will more fully appear by his note under seal 
 
 for that sum, to the said party of the thijjci part (E F), bearino- 
 date on the day of , 18 , and due as above set forth ; 
 
DEEDS IN ALABAMA. 123 
 
 which indebtedness the said party of the first part (A B) is desirous 
 to secure : 
 
 Now, this indenture witnesseth, that for and in consideration of 
 the premises, and for the further consideration of [any small amount, 
 say, one or Jive dollars], paid by the party of the second paft to 
 the party of the first part, the receipt of which is hereby acknow- 
 ledged, the said parties of the first part have bargained, sold and 
 transferred, and by these presents do bargain, sell and transfer to 
 the said party of the second part, the following described property, 
 to wit [here set forth the property, if real, give a description of the 
 land; if personal, give description. als9]: 
 
 To have and to hold the said property [of whatever kind it may 
 be], to the said party of the second part, his executors, &c. forever : 
 tTpon trust, nevertheless, that the said party of the second part will 
 permit [the said named property] to remain in the quiet and peace- 
 able possession and use of the party of the first part, until default 
 be made in the payment by him of said dollars, in wliole or 
 
 in part. If default be made as aforesaid, the said D shall, as 
 soon as he may think proper thereafter, or as soon as the said E F 
 shall direct, sell the said [property^ hereby intended to be con- 
 veyed [at any named place], at public sale for [cash or credit, as 
 the case may be], he first fixing' the time of said sale, and giving 
 at least [any number of days' notice that ma,y be required by the 
 parties, by posting up advertisements, or publication in a paper, as 
 maybe required], and out of the proceeds of said sale, he shall 
 first pay all costs incident to, and properly arising out of the exe- 
 cution of this deed ; out of the balance, if there be a sufficiency 
 for the purpose, he shall pay off and discharge the said debt hereby 
 secured, and the interest thereon ; if there be not enough for that 
 purpose, he shall pay all of said balance. Upon said debt, after pay- 
 ing the expenses as aforesaid; and if there be any surplus after 
 paying as aforesaid, it shall be paid, over to the said party of the 
 first part. But if the said party of the- first part pay off this indebt- 
 edness and es:peiiseg, so that no default be made in the same, then 
 this deed to be of no force or effect. 
 
 In testimony whereof, the said parties hereto have set their hands 
 and seals the day and date above written. 
 
 [Seal.] 
 
 — — [Seal.] 
 
 [Seal.] 
 
124 PEACTIOAL PORMS. 
 
 Aekansas. 
 
 The following form conveys nothing more than the naked interest 
 of the grantor of Mnd in this State. It has not the effect of a gene- 
 ral warranty deed : 
 
 Form of , deed to convey grantor's interest. 
 
 This deed, made the fifth day of December, iji the year 1866, 
 between A B of the city of , of the first part, and L M of 
 
 the same place, of the second p'art : Witnesseth, that the said A B, 
 for and in consideration of one thousand dollars, lawful money of 
 the United States, to him in hand paid by the said L M, the receipt 
 whereof is hereby acknowledged, hath granted, bargained and sold, 
 and by these' presents doth grant, bargain, sell, convey and confirm 
 unto the said L M, his heirs, executors, administrators and assigns, 
 forever, all and singular, that certain piece or parcel of land, situ- 
 ated in the city of [here describe the land], together with all and 
 singular the tenements, hereditaments and appurtenances there- 
 unto belonging, and the reversions, remainders, rents, issues and 
 profits thereof, and all the estate, title and interest of the said A B 
 to the said premises, or any part thereof. 
 
 In testimony whereof, the parties hereto have hereunto set their 
 hands and affixed their seals on the day and year above written. 
 
 [Seal.] 
 
 [Seal.] 
 
 The following is the form of a deed with general warranty : 
 
 JForm of deed of bargain and sale with general warranty. 
 
 This deed, made the day of , 1866, between A B and 
 
 Oa,roline his wife, of the , parties of the first part, and N M 
 
 of the , party of the second part : Witnesseth, that the said 
 
 parties of the first part, for and in consideration of the sum of one 
 thousand dollars, lawful money of the United States, to them in 
 hand paid by the said party of the second part, at and before the 
 sealing and delivery of these presents, the receipt whereof is hereby 
 ' 3,cknpwledged, have granted, bargained and sold, and by these 
 
ETC. 125 
 
 presents do grant, bargain, sell and convey unto tte said party of 
 tte second part, and to his teirs and assigns, forever, all that cer- 
 tain piece or parcel of land, situate, lying and being in the city of 
 , together with all and singular the tenements, hereditanaents 
 and appurtenances thereunto belonging or in any way appertain- 
 ing, and the reversion and reversions, remainder and remainders, 
 rents, issues and profits thereof ; and also all the estate, right, title, 
 interest, property, possession, claim and' demand whatsoever, as 
 well in law as in equity, of the said parties of the first part, of, in 
 or to the above described premises, and every part and parcel 
 thereof, with tlie appurtenances. To have and to hold all and sin- 
 gular the above mentioned and described premises, together with 
 the appurtenances, unto the said party of the second part, his heirs 
 and assigns, forever. And they, ■ the said A B and Caroline his 
 wife, parties of the first part, promise and agree with the said N 
 M, the party of the second part, that they will forever warrant - 
 and defend the title to the said granted lands and premises, against 
 the claims of all and every person or persons whatsoever. 
 
 In testimony whereof, the parties hereto have hereunto set their 
 hands and' affixed their seals on the day and year above written. 
 
 [Seal.] 
 
 [Seal.] 
 
 Form of deed of trust. , 
 
 The deed of trust given undej' the title "Alabama," may be 
 used in this State. 
 
 Oalifoenia. 
 
 Form of deed of bargain and sale. 
 
 Adopt the form under title " Alabama." 
 
 Form of deed of triLst. 
 
 Adopt the form under title " Alabama." 
 
 Connecticut. 
 
 Tie foUowiDg is the form of a deed of bargain and sale, with a 
 covenant of general warranty : 
 
126 PRACTICAL FOEMS. 
 
 Form of deed of largain cmd sale, with covenant of general 
 warranty. 
 
 To all people to -wliom these presents stall come — Greeting : 
 
 Know ye, that we, A B, and Caroline B his wife, of the 
 , for the consideration of seven hundred dollars, received to 
 the full, satisfaction of the purchase money of the property herein- 
 after described, purchased by J M, do give, grant, bargain, sell, 
 convey and confirm, unto the said J M; his heirs and assigns, for- 
 ever, all that certain [here describe -property]. 
 
 To have and to hold the above granted and bargained premises, 
 wii>h ,th,e , appurtenances thereof, unto him, the said J M, his heirs 
 and assigns, forever, to his and , their own proper use and behoof. 
 And also we, the said A B, and Caroline B his wife, do, for our- 
 selves, our heirs,' executors and administrators, covenant with the 
 said J M, his heirs and assigns, that at and until the ensealing of 
 these presents, we, the said A B, and Caroline B his wife, are well 
 seized of the premises, as a good, indefeasible estate in fee simple, 
 and have good right to bargain and sell the same, in manner and 
 forap. as is above written, and that the same is free of all incum- 
 brance whatsoever. 
 
 And furthermore, we, the said A B, and Caroline B his wife, do 
 by these presents bind ourselves, and our heirs, forever, to warrant 
 and defend the above granted and bargained premises unto him, 
 the said J M, his heirs and assigns, against all claims and demands 
 whatsoever. 
 
 In witness whereof, we have hereunto set our hands and seals 
 this day of , in the year of our Lord 18 . 
 
 Signed, sealed and delivered 1 ■ — i ["Seal."] 
 
 m the presence of ( r, , i t 
 
 — [Seal.] 
 
 The following is the form of a^ mortgage deed : 
 
 Form of . a mortgage deed. 
 
 To all people to whom these presents shall come — Greeting : 
 
 Know ye, that we, A B, and Caroline B his wife, of the 
 
 , for the consideration of five dollars paid by L M, received to 
 
 the full satisfaction of the said A B aad Caroline B, do give, grant, 
 
DEEDS IN CONNECTICUT, ETC. 127 
 
 bargain, sell and confirm unto tte said L M all that certain [here 
 describe property]. 
 
 To have and to hold the above granted and bargained premises, 
 with the appurtenances thereof, unto him the said L M, his heirs 
 and assigns, forever, to his and their own proper use and behoof. 
 And also we, the said A B, and Caroline B his wife, do, for our- 
 selves, our heirs, executors and administrators, covenant with the 
 said L Ml his heirs and assignsi, that at and until the ensealing of 
 these presents, we are well seized of the premises as a good, inde- 
 feasible estate in fee simple, and have good- right to bargain and 
 sell the same, in manner and form as is above written ; and the 
 same is free of all incumbrance whatsoever. 
 
 And furthermore, we, the Sjaid A B, and Caroline B his wife; do 
 by these presents bind ourselves and our heirs, forever, to warrant 
 and defend the above granted and bargained premises to him, the 
 said L M, his heirs and assigns, against all claims and demands 
 whatsoever: Always provided,, that these presents are on condition 
 that whereas if the said A B shall well and truly pay at maturity, 
 to the said L M, a certain debt of five hundred dollars, evidenced 
 by a single bill executed to the .said L M by the said A B, bearing 
 even date with this deed, and payable one year after date, theii 
 this present deed to be void and of. no effect, otherwise to remain 
 in full force, power and virtue in the law. 
 
 In 'witness whereof, we have hereunto set' our hands and seals 
 this day of , in the year of our Lord 18 . 
 Signed, sealed and delivered 1 -. [Seal,] 
 
 m preseaee of > J [Seal.] 
 
 Delawaee. 
 
 In this State, when there' is no express covenant in a deed, the 
 words " grant, bargain and sell" will, unless, specially restrained, 
 imply a special warranty against a grantor and his heirs, and all 
 persoag claiming under him, Del. Eev. Laws (1852), ch. 83, § 2.' 
 
 The common law distinctions between " indenture" and " deed 
 poll" should also be observed in the preparation and authentication 
 of conveyances. See Del, Bev. Laws, p. 268, ch. 83, § 9, 
 
128 PEAOTICAL FORMS. 
 
 Form of indenture of hargain cmd sale. 
 
 This indenture, made the day of , in the year of our 
 
 Lord one. thousand eight hundred and , between A B (of, &c.), 
 party of the first part, and D (of, &c.), party of the second part:i 
 [Whereas, &c.'] 
 
 Now, this indenture witn'esseth, that the said A B, for and in 
 consideration of the sum of dollars ($ ), good ^.nd lawful 
 
 money of the United States of America, unto him well and truly 
 paid by the said C D, at and before the sealing and delivery of 
 these presents, the receipt whereof the said A B doth hereby ac- 
 knowledge, and thereof acquit and forever discharge the said C D, 
 the said A B hath granted, bargained and sold, and by these pre- 
 sents doth grant, bargain, sell, alien, enfeoff, release, convey and 
 confirm, unto the said C D, and to his heirs and assigns, all [here 
 describe premises] : 
 
 Together with all and singular the ways, waters, water courses, 
 rights, liberties, privileges, hereditaments and appurtenances what- 
 soever, thereunto belonging, or in any wise appertaining, and the 
 reversions, remainders, rents, issues and profits thereof : And also, 
 all the ^ estate, right, title, interest, property, claim and demand 
 whatsoever, of the said A B, and his heirs in law, equity or pther- 
 wise, howsoever,, of, in, to, or out of the same, or any part thereof: 
 To have and to hold the said land (&c. &c.), and the improve- 
 ments, hereditaments and premises hereby granted or mentioned, 
 or intended so to be, with the appurtenance^ thereunto appertain- 
 ing, or in any wise belonging, unto the said D, his heirs and as- 
 signs, to the only proper use and behoof of the said C D, his heirs 
 and assigns, forever. 
 
 And the said A B, for himself, his heirs, executors and adminis- 
 trators, doth by these presents covenant, grant and agree, to and 
 
 ^ The attorney who enclosed this form to the writer, makes the 
 following remarks in regard to this part of the form : 
 
 " We generally recite here the title" by deed in same manner as 
 a title by patent (or recite the title immediately after description 
 of the premises). 
 
 "A receipt for the purchase mofley is considered the safest man- 
 ner of completing a deed here. There are two forms, this and an- 
 other, in which the recital follows the description." 
 
DEEDS IN DELAWARE. 129 
 
 with the said D, and his heirs and assigns, that he, the said A B, 
 and his heirs, all and singular the hereditaments and premises 
 herein above described and granted, or mentioned and intended so 
 to be, with the appurtenances, unto the said D, his heirs and as- 
 signs, against him, the said A B, and his heirs, and against all and 
 every other person or persons whomsoever, lawfully claiming or to 
 claim the same, or any part thereof, through, by, from or under 
 him, tiiem, or any of them, shall and will warrant and forever 
 defend. 
 
 In witness whereof, the said party of the first part hath hereunto 
 set his hand and seal, dated the day and year first above written. 
 
 Signed, sealed and delivered \ A B. [Seal.] 
 
 in ihe presence of J 
 
 Eeceived, the day of the date of this indenture, from the said 
 A B, five hundred dollars, the full consideration money herein- 
 before mentioned. 
 Witness ;— L M. 1 A B. 
 
 Form of mdentwe of mortgage. 
 
 This iadenture, made the day of , in the year of our 
 
 Lord one thousand eight hundred and , between A B of [place 
 of residence], of the first part, and C D of [place of residence], of 
 the second part : Whereas the said A B, of the £rst part, in and 
 by his certain obligation, or writing obligatory, under his hand and 
 seal, bearing even date herewith, stands bound unto the said D, 
 of the second part, in the sum of one thousand dollars, lawful mo- 
 ney of the United States, conditioned for the payment of five hun- 
 dred dollars, lawful money as aforesaid, at or before the expiration 
 of one year from and after the day of said date, with lawful inte- 
 rest for tlxe same, to be paid semi-annually, as by reference to the 
 said obligation and condition thereof will appear : 
 
 Now, this indenture witnesseth,, that the said A B, as well for 
 and in -consideration of the aforesaid debt or sum of five hundred 
 dollars, and for the better securing the payment of the same, with 
 interest as aforesaid, unto the said C I), his, heirs and assigns, in 
 discharge of the said recited obligation, as also of the further sum 
 pf one dollar, to the said party of the first part, now paid \>j the 
 17 
 
130 PBAOTICAL EOEMS. 
 
 said party of tte second part, tlie receipt wtereof is hereby ac- 
 knowledged, hath, granted, bargained, sold, released and confirmed, 
 and by these presents doth grant, bargain, sell, release and confirm, 
 unto the said party of the second part, all that [here describe 
 premises conveyed]. 
 
 Together with all and singular the improvements, ways, waters, 
 water courses, rights, liberties, privileges, hereditaments and ap- 
 purtenances whatsoever, thereunto belonging, or in any wise apper- 
 taining, and the reversions and remainders, rents, issues and profits 
 thereof : To have and to hold the said lot of land [or as the case 
 may be], its improvements, hereditaments and premises, hereby 
 granted or mentioned, or intended so to be, with the appurte- 
 nances, unto the said party of the second paji;, his heirs and as- 
 signs, to the only proper use and behoof of the said C D, his heirs 
 and assigns, forever : 
 
 Provided, always, nevertheless, that if the said A B, party of the 
 first part, his heirs, executors, administrators or assigns, shall and 
 do well and truly pay, or cause to be paid unto the said party of 
 • the second part, his heirs or assigns, the aforesaid debt or sum of 
 / five hundred dollars, on the day and time hereinbefore mentioned 
 and appointed for the payment thereof, with interest, according to 
 the condition of the said recited obligation, without any fraud or 
 further delay, and without any deduction, defalcation or abatB- 
 ment to be made of any thing for or in respect of any taxes, charges 
 or assessments whatsoever, then and from thenceforth, as well this 
 present indenture, and the estate hereby granted, as the said recited 
 obligation, shall cease, determine, and become absolutely void and 
 of no effect, any thing herein before contained to the contrary in 
 ^ny wise notwithstanding. 
 
 In vitness whereof, the said palrty of the first part hath hereunto 
 set his hand and seal, dated the day and year first above written. 
 
 Signed, sealed and delivered ) A B FSeal 1 
 
 in presence of us : j • L -J 
 
 State of Delaware — New Castle County, ss: 
 
 Be it remembered, that on this day of , A. D, 18 , 
 
 personally came before me, H A, notary public for the State of 
 Delaware, A B, party to this indenture, personally known to me to 
 be such, and he, the said A B, acknowledged this indenture to be 
 lii« 'i'^ed. H A, Notary Public. 
 
DEEDS IN DISTRICT OF COLUMBIA. 131 
 
 Form of asdgmnehi of indenMure of mortgage. 
 
 Know all men by ttese presents, ttat I, D, mortgagee named 
 in tlie foregoing indenture of mortgage (executed by A B), for and 
 in consideration of tbe sum of dollars, to bim in band now 
 
 paid by R L, tbe receipt wbereof is bereby acknowledged, bave 
 granted, bargained, sold, assigned and set over, and by tbese pre- 
 sents do grant, bargain, sell, assign and set over, unto tbe said R L, 
 his beirs and assigns, tbe said foregoing indenture of mortgage, 
 and all tbe said [bere describe premises], tberein mentioned and 
 described, together with all tbe rights, members and appurte- 
 nances thereunto belonging, and all the estate, right, title and in- 
 terest therein : To have and to hold, all and singular, the premises 
 hereby granted and assigned, or mentioned, or intended so to be, . 
 unto the said R L, his heirs and assigns, forever: Subject, never- 
 theless, to the right and equity of redemption of the said mort- 
 gagor, his heirs and assigns (if any they have), in the same, 
 
 Witness my hand and seal, dated tbe day of , in the 
 
 year of our Lord one thousand eight hundred and 
 
 Sealed and delivered in 1 A B. [Seal.] 
 
 presence of us : J 
 
 DiSTEICT OP COLTJMBIA. 
 
 The following is tbe form of a deed of bargain and sale, with 
 general warranty : 
 
 Deed of ha/rgain amd sale, with general warranty. 
 
 This indenture, made this day of , in the year of our 
 
 Lord one thousand eight hundred and fifty , by and between 
 
 A B, and OaroHnte B his wife, of the county of Washington, in the 
 District of Columbia, of the first part, and N M, of the same county, 
 of tbe second part: Witnesseth, that the said AB, and Caroline B his 
 wife, for and in consideration of the sum of five hundred dollars, cur- 
 rent money of the United States, to tbemT.n hand paid at and before 
 tbe ensealing and delivery of these presents, by the said^N M, the 
 receipt whereof is bereby acknowledged, have given, granted, bar- 
 gained and sold, aliened, enfeoffed, conveyed and confirmed, and 
 by tbeie presents do give, grant, bargain and sell, alien, enfeoff, 
 
132 PRACTICAL rOKMS. 
 
 convey, and confirm unto him, the said N M, and his heirs and as- 
 signs, forever, all those certain [here describe property conveyed], 
 together with all and singular the buildings, improvement!, rights, 
 ways, privileges and appurtenances to the same belonging, or in any 
 manner appertaining, and the remainders, reversions, rents, issues 
 and profits of the same, and all the right, title, interest and estate 
 of them, the said parties of the first part, in and to the same. To 
 have and to hold the said lots, pieces or parcels of ground and 
 premises, with the appurtenances, as aforesaid, unto him, the said 
 N M, 'and to his heirs and assigns, to his and their only use, benefit 
 and behoof, forever. And the said parties of the first part, for 
 themselves, and their heirs, executors and administrators,, hereby 
 covenant, promise and agree, to and with the said party of the 
 second part, and his heirs, executors, administrators and assigns, in 
 the manner and form following, that is to say: That they, the 
 said parties of the first part, and their heirs, shall and wiU warrant 
 and forever defend the said lots, pieces or parcels of ground and 
 premises, with the appurtenances, as aforesaid, hereby conveyed or 
 intended to be conveyed unto him, the said party of the second 
 part, his heirs and assignSj from and against them, the said parties 
 of the first part, their heirs and assigns, and against aU persons' 
 claiming or to claim the said described premises, or any part 
 thereof, by, through or under them,, or any and every of them. 
 
 And further, that they, the said parties of the first part, and 
 their heirs, shall and will, at ,any and all times hereafter, at the 
 cost and request of the said party of the second part, his heirs and 
 assigns, make, execute and deliver such other and further assurances 
 in law, iot the more perfect conveyance of the premises as afore 
 described,, unto him, the said party of the second part, and his 
 heirs and assigns, as he or they, or his or their counsel learned in 
 the law, shall or may devise, advise and require. 
 
 In testimony whereof, the said parties of the first part have h«re-' 
 unto set their hands and seals the day and year first hereinbefore 
 written. 
 
 Si^ed, sealed and delivered ) ' ^ fSeal.l 
 
 in presence of | Ji^^ ":: 
 
DEEDS IN DISTEICT OE COLUMBIA. 133 
 
 Tlie following is the form of a deed of trust : 
 form, of deed of trust 
 
 This indenture, made this day of , in the year 
 
 of our Lord one thousand eight hundred and , by and 
 
 between A B of the first ptot, and J M of the Second part: 
 Whereas the said party of the first part is justly indebted to 
 N R in the sum of five hundred dollars, for which amount said 
 N R holds the promissory note of said A B, bearing even date 
 herewith, and being for the payment of the said sum of five 
 hundred dollars on the day of : And whereas 
 
 the said party of the first> part is desirous to secure the full and 
 punctual payment of said sum, and all interest, costs and expenses 
 that may accrue thereon, according to th-e true intent and meaning 
 of the aforesaid promissory note : Now, therefore, this indenture 
 witnesseth, that the said party of the first part, in consideration of 
 the premises, and of the sum of one dollar to him in hand paid by 
 the said party of the second part, at and before the ensealing and 
 delivery of these presents, the receipt whereof is hereby acknow- 
 ledged, hath given, granted, bargained and. sold, aliened, enfeoffed, 
 conveyed and confirmed, and by these presents doth give, grant, 
 bargain and sell,. alien, enfeoff, convey and confirm unto the said 
 J M, party of the second part, all those [here describe property 
 conveyed], together With all and singular the improvements, privi- 
 leges, hereditaments and appurtenances to the same belonging or 
 in any manner appertaining. To have and to hold the same unto 
 and to the use of the said J M. 
 
 Im trust, nevertheless, for the uses and purposes following, and 
 none other; that is to say, to suffer and permit the said party of 
 the first part, his heirs and assigns, to have), hold, use,, occupy, pos-- 
 sess and enjoy the said premises, with the appurtenances, as afore 
 described, and the rents, issues and profits of the same to take, 
 receive and apply to his own use until some default or failure shall 
 have' been made in the payment of the said debt due as aforesaid 
 to the said N R, or in any part thereof, or of any proper interest, 
 costs and charges thereon, or which may accrue thereon ; and upon 
 any and every such default or failure being made in the pajrment 
 as. aforesaid, the said party of the- second part shall, at the request 
 im writing of the said N R, proceed to sell and dispose ©f the said' 
 
134 PKACTICAL FORMS. 
 
 premises as afore described, or so mucli thereof as he may deem 
 necessary, at public sale, to the highest bidder, upon such terms 
 and conditions as he, the said party of the second part, may deem 
 most for the interest of all parties concerned in Said sale, first giving 
 days' notice of the time, place and terms of such sale, 'by 
 advertisement in some newspaper printed and published in the city 
 of Washington, and such sale to repeat or postpone from time to* 
 time, as he, the said party of the second part, may deem expedient, 
 and out of the proceeds arising from such sale or sales (after pay- 
 ing the proper expenses thereof, and other expenses of this trust, 
 including per centum on the gross amount of said sale or sales, 
 as compensation to said trustee for his trouble and diligence in exe- 
 cuting this trust), to pay, in the first place, whatever of said debt, 
 interest, costs and expenses may be due and unpaid at time of such 
 sale or sales ; secondly, to pay whatever of 'said debt, interest, costs 
 and expenses may then remain unpaid, although the same may not 
 then have beconie due and payable ; and lastly, the surplus, if any, 
 to pay over to the said A B, his heirs, executors, administrators or as- 
 signs ; and in the event of any such sale or sales,- under the provisions 
 of this trust, to convey to the purchaser or purchasers all the right, 
 title and estate, legal and equitable, of the said party of the first 
 part, in and to the premises sold ; and on any sale being hereafter 
 made under the provisions of this trust, and the terms thereof 
 being complied with to the satisfaction of said trustee so selling, to 
 surrender to such purchaser or purchasers, his, her or their proper 
 representative, the full and peaceable possession of the premises 
 sold. 
 
 In testimony whereof, the said party of the first part hath here- 
 unto set his hand and seal the day and year first before written. 
 
 Signed, sealed and delivered 1 fSeaLl 
 
 in presence of j 
 
 The following is the form of a deed of release : 
 
 Form of deed of release. 
 
 This indenture, made this day of , in the year eighteen 
 
 hundred and fifty , by and between J M, of the first part, and 
 A B, of the second part, witnesseth : Whereas the said A B, by his 
 deed of indenture, duly made and executed, bearing date on or 
 
DEEDS IN FLORIDA, ETC. " 136 
 
 about the day of , in the year eighteen hundred and , 
 
 did grant and convey to the said J M, and to his heirs and assigns, 
 " all [here describe property in the same manner as described in 
 trust deed]:" 
 
 And whereas the debt, with the interest and costs mentioned in 
 said conveyance, has been fully paid and discharged to N E, and 
 the purposes for which said trust was created, have therefore ceased 
 and determined, the said A B is entitled in law to a conveyance of 
 the premises, free and discharged of and from the said truate as 
 aforesaid, and as fully as if said deed had not been made : jaWow, 
 this indenture witnesseth, that for and in consideration of the pre- 
 mises, and of the further sum of one dollar, to him the said party 
 of the first part, in hand paid by the said party of the second pa.rt, 
 at and before the ensealing and delivery of these presents, the re- 
 ceipt whereof is hereby acknowledged, he, the said party of the 
 first part, hath given, granted, bargained, sold, conveyed, released 
 and assigned, and~by these presents doth give, grant, bargain^ sell, 
 convey, release and assign all and singular the aforementioned pre- 
 mises, with the appurtenances, and every part and parcel thereof, 
 as fully and entirely as the same now are in law or equity vested 
 and standing in the said party of the first part, by or under the 
 said in part recited deed, unto A B, the party of the second part, 
 his heirs and assigns, forever, to have and to hold the same, and 
 every part and parcel thereof, with the appurtenances, unto him, 
 the said party of the second part, his heirs and assigns, forever, to 
 his and their only proper use, benefit and behoof, forever, free, 
 clear and forever discharged of and from all and every right, title, 
 interest and trust now existing in said party of the first part, by or 
 under the said conveyance as aforesaid, 
 
 In witness whereof, the said party of the first part hath here- 
 unto set his hand and seal the day and year first above written: 
 
 Signed, sealed and delivered 1 . [Seal,] 
 
 in presence of J 
 
 Floeida. 
 
 Form of deed of hargam and sale. 
 
 Adopt the form under title "Alabama," page 121, ante. The 
 deed should be sealed and delivered in the presence of two wit- 
 messes. Thompson's Digest, p. 167. The witnesses should also at- 
 test the conveyance. Ibid. 180j § 4. 
 
136 PRACTICAL FORMS. 
 
 Form of deed of trust. 
 
 Adopt the form under title " Alabama," ^age 122, ante. Let 
 the sealing and delivery be attested by two witnesses. 
 
 GeoSgia. 
 Form of deed of hargdin and sale. 
 Adopt the form under title " Alabama," page 121, ante. 
 
 Form of deed of In-ust, 
 Adopt the form under title " Alabama," page 122, ante. 
 
 Illinois. 
 
 » 
 
 Form of deed of bargain and sale., havmg the effect of deed wUh 
 general warraviy, So} 
 
 This deed, made this day of , in the year 18 , be- 
 
 tween A B, and Caroline his wife, parties of the first part, and 
 James Eichards, party of the second part : Witnesseth, that the 
 said parties of the first part, for and in consideration of the sum 
 of dollars, to them in hand paid by the said party of the 
 
 second part, the receipt whereof is hereby a,cknowledged, do grant, 
 bargain and sell, unto the said James Eichards, and to his heirs 
 and assigns, forever, all, &o. [here describe the premises], together 
 with all and singular the hereditaments and appurtenances there- 
 unto belonging, or in any wise appertaining : To have and to hold 
 
 "■By the Eev. Stat. 1845, ch. 24, § 11, "all deeds, whereby any 
 estate of inheritance, in fee simple, shall hereafter be limited to 
 the grantee and his heirs, or other legal representative, the words 
 " grant," " bargain," " sell," shall be judged an express covenant 
 to the grantee, his heirs and other legal representatives, to wit : 
 that the grantor was seized of an indefeasible estate in fee simple, 
 free from incumbrances done or sufi'ered from the grantor, except 
 the rents and services that may be reserved ; as also for quiet en- 
 joyment against th? grantor, his heirs and assigns, unless limited 
 by express words contained in such deed, &c." 
 
DEEDS IN ILLINOIS, ETC. 137 
 
 the said premisea kereby granted, unto the said James Richards, 
 his heirs and assigns, forever. 
 
 In witness whereof, the said parties of the first .part have here- 
 unto set their hands and seals the day and year first herein written, 
 
 A B. [Seal.] 
 
 CAEOLINE B. [Seal.] 
 
 Form, of quit-claim deed, 
 
 \ 
 Know all men by these presents, that we, A B, and Caroline B 
 (wife of the said A B), in consideration of the sum of dollars, 
 
 to us in hand paid by D, the receipt whereof is hereby ac' 
 knowledged, do hereby quit-claim unto the said C D, all and each 
 of our right, title and interest in and to all, &c. [here describe 
 premises], with all and singular the hereditaments and appurte- 
 nances thereunto belonging, or in any wise appertaining. 
 
 In witness whereof, we have hereunto set our hands and seals, 
 on this day of , in the year 18 
 
 [Seal.] 
 
 — / [Seal.] 
 
 ForTTi of power of attorney to sell and convey land. 
 
 Know all men by these presents, that I, A B,^of the county of 
 , in the State-.of Illinois, have made, constituted and ap- 
 pointed, and by these presents do make; constitute and appoint 
 C D of the county of • , in the State aforesaid, my true and 
 
 lawful attorney, for me and in my name, to grant, bargain, sell and 
 convey, to any person or persons, who may desire to purchase the 
 same, the northwest quarter of section, number five, in township 
 number one, north of the base line, in range number three, east of 
 the fourth principal meridian, in the State of Illiriois : Hereby 
 giving and granting to my said attorney full power and authority 
 in the premises, to do all acts necessary and proper to be done in 
 the promises, in as full and ample a manner as I myself might 
 or could do, if personally present And I do hereby ratify and 
 confirm all the acts of my said attorney, lawfully done in the 
 premises. ' ' 
 
 18 
 
138 PBACTICAL POEMS. 
 
 , Witness my liand and seal, at the county aforesaid, this day 
 of , A. D. 18 . A B. [Seal.] 
 
 JVpte. — This form may be used for any purpose, by inserting the 
 particular acts which the attorney is authorized to perform. 
 
 Indiana. 
 
 The latest revisal in this State sanctions the following forms : 
 
 Porm of deed with general warranty. 
 
 By Rev. Stat. Ind. 1852, ch. 23, § 12, "Any conveyance of lands, 
 worded in substance, as follows : ' A B conveys and warrants to 
 D' [here describe the premises], 'for the sum of [here insert the 
 consideration], the said conveyance being dated and duly signed, 
 sealed and acknowledged by the grantor, shall be deemed and held 
 to be a conveyance in fee simple to the grantee, his heirs and as- 
 signs, with covenant from the grantor, for himself, and his heirs 
 and personal representatives, that he is lawfully seized of the 
 premises, has a good right to convey the same, and guarantees the 
 quiet possession thereof; that the same are free from all incum- 
 brances, and that he will warrant and defend the title to the same 
 against all lawful claims." In conformity to this statute, the fol- 
 lowing form woiS.d seem to be sufficient as a conveyance, with 
 general warranty, &c. 
 
 This deed, made this day of , 18 , between A B, of 
 
 the one part, andp D, of the other part : Witnesseth, that the said 
 A B conveys and warrants to D [here describe the premises], for 
 the sum of [here insert the consideration]. 
 
 In witness whereof, the said A B hatlPhereunto set his hand and 
 seal on the day and year first herein, written as the date hereof. 
 
 A B. [Seal.] 
 For-in of quit-claim deed. 
 
 By Eev. Stat. Ind. 1852, ch. 23, § 13, "Any conveyance of lands, 
 worded in substance, as follows : ' A B quit-claims to D' [here 
 describe the premises], 'for the sum of [here insert the considera- 
 tion], 'the said conveyance being duly signed, sealed and acknow- 
 ledged by the grantor, shall be deemed a good and sufficient con- 
 veyance, &c.' " The following form complies with this statute:] 
 
 This'deed, made this day of , 18 , between A B, of 
 
 the one part, and G D, of the other part : Witnesseth, that the said 
 
DEEDS IN INDIANA, ETC. 139 
 
 A B quit-claims to D [Here describe the premises], for the sum 
 of [here insert the consideration]. 
 
 In witness whereof, the said A B hath hereunto set his hand and 
 seal on the day and year first herein written as the date hereof. 
 
 A B. [Seal.] 
 
 Form of mortgage deed. 
 f 
 
 By Eev. Stat. Ind. ch. 23, § 15, a mortgage may be in these 
 words : " A B mortgages to D [describe the premises], to secure 
 [describe the debt]. If it be designed to warrant the title, a war- 
 ranty of title ought to be inserted. The following form contains 
 the warranty of title between parentheses : 
 
 This deed, made on this day of > 18 , between A B, 
 
 of the one part, and D, of the other part: Witnesseth, that the 
 said A B mortgages :to D [here describe the pi^emises], to secure 
 [here describe the debt]. (And the said A B, for himself, his heirs 
 and personal representatiyes, covenants with the said C D, his 
 heirs and personal representatives, that he, the said A B, is law- 
 fully seized of the premises hereby mortgaged, and that the same 
 are free from all incumbrances ; and that he, the said A B, will 
 warrant and defend the title to the same against all lawful claims.) 
 
 In witness whereof, the said A B hath hereunto set his hand and 
 seal on the day and year first' herein written as the date hereof. 
 
 A B. [Seal.] 
 
 lOWA. 
 
 The following forms are prescribed by the Code of Iowa of 1851, 
 § 1232 : 
 
 Ihrm of a quit-claim deed. 
 
 "For the consideration of dollars, I hereby quit-claim to 
 
 A B, all my interest in the following tract of land [describing it]." 
 
 Form of a deed in fee smvple witfiout warranty. 
 
 " For the consideration of dollars, I hereby convey to A E 
 
 the following tract of land [describing it]. 
 
140 PRACTICAL FORMS. 
 
 Form of a deed in fee simple with wmrardy. 
 
 The same as in the last preceding form, adding the -words, " and 
 I warrant the title against all persons whatsoever." 
 
 \ 
 Form of a mortgage. 
 
 The same as a deed of conveyanee, adding the words, " to be 
 Upon consideration I pay," etc. 
 
 Form of a deed of trust. 
 
 " For the purpose of securing to A B the sum of dollars, 
 
 with interest from datCj at the rate of per centum per annum 
 
 (as the case may be), I hereby convey to D [describe the pro- 
 perty], and if the sum secured to A B is not paid to him by [stating 
 the time of payment], I hereby authorize the said D to sell the 
 property herein conveyed [stating the manner, place of sale, notice 
 to be given, etc.], to execute a deed i to the purchasers, to pay off 
 the amount herein secured, with interest and costs, and to hold the 
 remainder subject to my order." 
 
 From the language of the statute, these deeds would probably be 
 sustained, if the exact words above cited were all that were used 
 in them, the term "deed" in Iowa not necessarily importing a 
 'sealed instrument (Code of Iowa, part 1, title 1, oh. 3, p. 7, def. 
 20) ; yet, for abundant caution, it would be wise to preface and 
 conclude all the foregoing, forms thus : 
 
 General form of commencement and conclicsion. 
 
 This deed, made this day of , 18 , between A B of 
 
 the one part, and D of the other part : Witnesseth, &c. &o. (as 
 in the several foregoing forms ; then conclude) : 
 
 In witness whereof, the said A B hath hereunto set his hand and 
 seal on the day and year first herein written as the date hereof. 
 
 A B. [Seal.] 
 
deeds in kbntuckt, etc, 141 
 
 Kentucky. 
 
 Form of deed of bargain a/nd sale. 
 
 The form under title "Alabama," p. 121, ante, may be adopted. 
 It seems not to be necessary tbat the conveyahee of land by any 
 other than a State or corporation, should be a sealed instrument; 
 yet it is better, for abundant caution, always to annex a scroll 
 or seal. • 
 
 Form of deed of trust. 
 
 Follow form under title " Alabama," p. 122, ante. 
 
 Louisiana. 
 
 The forniof an "authentic act," or "act of sale," which in thia 
 jState supplies the place of the deed, is as follows : 
 
 Form, of act of sale. 
 
 State of Louisiana — City of New Orleans : 
 
 Be it known, that on this day of , before me, R S, 
 
 a notary public in and for the city and parish of New Orleans, 
 State of Louisiana aforesaid, duly eommissioned and sworn, per- 
 sonally came and appeared Eobert J of this city, who is wnmarried, 
 who declared, that for the consideration .hereinafter expressed, he 
 doth, by these presents, grant, bargain, sell, convey, transfer, as- 
 sign and set over, with all legal warranties, unto the said J M of 
 this city, vih) is also unmarried, here present, accepting and pur- 
 chasing for himself, his heira and assigns, and acknowledging de- 
 livery and possession thereof, a certain lot, &c. [here describe pre- 
 mises, &c.]: ' to have and to hold the said lot of ground and build- 
 ings, unto the said J M, his heirs and assigns, to their proper, use 
 and behoof, forever. And the said Robert J, for himself and his 
 heirs, the said property to the said J M, his heirs and assigns, shall 
 and will warrant and forever defend, against the lawful claims of 
 all persons whomsoever, by these presents. And the said Robert J 
 doth moreover subrogate the said purchaser to all the rights and 
 actions of warranty, which he now has or may have against his 
 own vendor, or against the vendors of his vendor, fully authorizing 
 
142 PRACTICAL FORMS. 
 
 tte said purchaser to exercise the said rights and actions, in the 
 same manner as he himself might or could have done. This sale 
 is made and accepted for and in consideration of the sum of 
 dollars, in ready current money, which the said vendor ackaow- 
 ledges to have received from the said purchaser, delivered in the 
 presence of the undersigned, notary and witnesses, for which a full 
 acquittance is hereby granted. By reference to the annexed certi- 
 ficates of the recorder of mortgages and register of conveyances 
 for this city, dated this day, it appears that there is no mortgage 
 recorded in the name of said Eobert -J, on the property herein 
 above conveyed, and that the same has not been alienated by the 
 vendor, and that all -the State and city taxes on the said property 
 have been paid.(*) 
 
 Thus done and passed, in my office, in the city of New Orleans 
 aforesaid, in the presence of A B and D, witnesses of lawful age 
 (i. e. 14 years of age), and domiciliated in this city, who hereunto 
 sign their names, together with the said parties, and me, the said 
 notary, on this day of -, in the year one thousand eight 
 
 hundred and fifty 
 
 ROBEET J. 
 J M. 
 [Seal of Notary.] A B, 1 -^.^ 
 
 C D I Witnesses. 
 
 N 0, Notary Public. 
 
 Form of wife's renunciation. 
 
 Follow preceding form to the (*), omitting italics ; then proceed : 
 " And next personally appeared Mrs. Delia Beckwith (i. e., the 
 maiden name), of lawful age, wife of said Robert J, who, after un- 
 dersigned notary (or other) had explained to her verbally the na- 
 ture and purport of the foregoing act of [sale, mortgage, or other], 
 from her said husband to said J M, declared that she was desirous 
 of releasing in favor of said J M, the property hereinbefore [sold, 
 or other] from the matrimonial, dotal, paraphernal and other rights, 
 and from all claims,: mortgages and privileges to which she may be 
 entitled, whether by virtue of her marriage with said Robert J, or 
 otherwise. Whereupon the undersigned notary (or other) did ver- 
 bally explain to said Mrs. D B J, out of the presence of her said 
 husband, the nature and extent of her rights, which are here de- 
 tailed, to wit :" 
 
DEEDS IN lOUISIANA, ETC. 143 
 
 [The wife lias a legal mortgage on tlie property of her husband 
 in the following cases : 1st. For restitution of her dowry and for 
 the reinvestment of the dotal property sold by her husband, and 
 which she brought in marriage, reckoning from the celebration of 
 marriage. 2d. For restitution and reinvestment of dotal property 
 which came to her after marriage either by succession or donation 
 from day succession opened or was perfected. 3d. For reimburs- 
 ing amount of paraphernal property alienated by her and received 
 by her husband or otherwise disposed of for his intersst. 4th. To 
 indemnify her for debts contracted with her husband. 5th. For 
 donations made to her by her husband on account of marriage :] 
 
 And that, by renouncing said rights on the property hereinbe- 
 fore [sold, or other] she would deprive herself and heirs irrevocably 
 of all recourse thereon. And said Mrs. D B J did thereupon de- 
 clare to me [notary or other] th'at she fully understood the nature 
 and extent of her said rights on the property of her said husband, 
 and that she nevertheless did persist in her intention of re- 
 nouncing the sapie in favor of said J M, on property herein- 
 before [sold or .] 
 
 And said husband being now present, assisting and authorizing 
 his wife in the execution of these presents, and consenting thereto, 
 said Mrs. D B J did again declare that she did and does hereby 
 make a formal renunciation and relinquishment of all her said 
 rights and mortgages on the property hereinbefore [sold or ] 
 
 in favor of said J M, binding herself and her heirs at all times to 
 sustain and acknowledge the validity of this renunciation. 
 
 Thus done and passed, &c. (as before, to the oonclusiop ; husband, 
 wife, grantor, witnesses and notary signing it, and notary affixing 
 the seal). 
 
 Maine.' 
 
 Form of deed of hargain and sale, with general warranty. 
 
 Know all men by these presents, that we, Alfred B and Caroline 
 B his wife, in consideration of the sum of five hundred dollars 
 paid by.L M (the receipt whereof we do hereby acknowledge), do 
 hereby give, grant, bargain, sell and convey unto the said L M, 
 his heirs and assigns, forever, all that [here describe the property]. 
 To have and to hold the afore granted and bargained premises, 
 
144 PRACTICAL FORMS. 
 
 with all tlie privileges and appurtenances thereof, to the said L M, 
 his heirs and assigns, to his and their nse and benefit forever. And 
 we do covenant with the said L M, his heirs and assigns, that we 
 are lawfully seized in fee of the premises ; that they are free of 
 all incumbrances ; that we have good right to sell- and convey the 
 same to the said L M ; and that we will warrant and defend the 
 same to the said L M, his heirs and assigns, forever, against the 
 lawful claims and demands of all persons. 
 
 In. witness whereof, I, the said Alfred B, and I, the said Caro- 
 line B, wife of said Alfred B, in consideration of one dollar to me 
 paid by the said L M, in token of a full relinquishment of aE my 
 right to dower in the premises, have hereunto set our handte and 
 seals this day of , in the year of our Lord one thousand 
 eight hundred and 
 Signed, sealed and delivered 1 '■ [Seal.] ^ 
 
 in presence of J fSeal.l ' 
 
 Form of quit-claim deed. 
 
 Know all men by these presents, that we, Alfred B and Caroline 
 B his wife, in consideration of five hundred dollars to us paid by 
 L M (the receipt whereof we do hereby acknowledge), have re- 
 mised, released and forever quit-claimed, and do for ourselves and 
 our heirs, by these presents, remise, release and forever quit-claim 
 unto the said L M, his heirs and assigns, all that [here describe 
 the property]. 
 
 , To have and to hold the aforementioned premises, with all the 
 privileges and appurtenances thereto belonging, 'to him, the said 
 L M, his heirs and assigns, forever ; so that neither they, the said 
 Alfred B, and Caroline B his wife, nor their heirs, nor any other 
 person or persons claiming from or under them or either of them 
 or in the name, right or stead of them or either of them, shall or 
 will, by any way or means, have, claim or demand any right or 
 title to the aforesaid premises, or their appurtenances, or to any 
 part or parcel thereof, forever. 
 
 In witness whereof, I, the said Alfred B, and I, the said Caro- 
 line B, wife of said Alfred B, in consideration of one dollar to me 
 paid by the said L M, in token of a full relinquishment of all my 
 right to dower in the premises,, have hereunto set our hands and! 
 
DEEDS IN MARYLAND. 145 
 
 seals this day of , in the year of our Lord one thousand 
 
 eight hundred and fifty 
 
 Signed, sealed and delivered 1 [Seal.] 
 
 in presence of ub : j fSpiil 1 
 
 Maryland. 
 
 Fwm of deed of largain and sale. 
 
 This indenture, made this fifth day of May, in the year of our 
 Lord one thousand eight hundred and twenty-six, between Ben- 
 jamin Bargainor of Baltimore county, in the State of Maryland, of 
 the one part, and Peter Purchaser of the said county and State, of 
 the other part : Witnesseth, that for and in consideration of the 
 sum of twenty dollars, current money, by the said Peter Purchaser 
 to the said Benjamin Bargainor in hand paJd, at and before the 
 sealing and delivery of these presents, the receipt of which he 
 doth hereby acknowledge, and himSelf to be therewith fully satis- 
 fied, contented and paid, the said Benjamin Bargainor hath bar- 
 gained' and sold, aliened and enfeoffed, and by these presents doth 
 give, grant, bargain and sell,, alien,, enfeoff, release, convey and 
 confirm unto the said Peter Purchaser, his heirs and assigns, all 
 the tract or parcel of land called " Old Nick's Fancy," situate and 
 lying in Baltimore county aforesaid, and contained within the fol- 
 lowing metes and bounds, courses and distances, to wit : Beginning,' 
 &c. [to the end of the description], together with all and singular 
 the buildings, improvements, ways, waters, water courses^ rights, 
 members, privileges, advantages and appurtenances thereto belong- 
 ing, or in any wise appertaining, and all the estate, right, title and 
 interest, trust, property, claim and demand whatsoever, at law and 
 in equity, of him, the said Benjamin Bargainor, of, in and to the 
 same. 
 
 To have and to hold the said herein described premises, with the 
 appurtenances thereunto belonging, unto the said Peter Purchaser^ 
 his heirs and assigns, to the only proper use of the said Peter Pur- 
 chaser, his heirs and assigns, forever. 
 
 In testimony whereof, the said Benjamin Bargainor has here- 
 unto set his hand and seal on the day and year first above written. 
 
 Signed, sealed and,.deliveredV BENJAMIN BARGAINOR. [Seal.] 
 m presence of A B. \ 
 C D. J 
 
 19 
 
146 PRACTICAL POEMS. 
 
 In ttia deed may be introduced the following covenants : 
 
 Covenant for further asswanoe. 
 
 And tie said Benjamin Bargainor, for himself and his heirs, 
 doth hereby covenant, promise and agree, to and with the said 
 Peter Purchaser, his heirs atid assigns, that he, the said Benjamin 
 Bargainor, his heirs, and all persons claiming under them, shall 
 and will, from time to time, and at all times hereafter, at the rea- 
 sonable request, cost and charge of the said Peter Purchaser, or 
 any of his heirs or assigns, make and lawfully execute, acknow- 
 ledge and deliver, all and every such further and other deed, con- 
 veyance and assurance in the law whatsoever, for the better and 
 more fully conveying and assuring to the said Peter Purchaser, 
 his heirs and assign*, the said premises, with the appurtenances 
 heretofore described, and mentioned to be bargained and sold, ac- 
 cording to the true intent and meaning of the parties to these pre- 
 sents, as by the said Peter Purchaser, or his heirs or assigns, or by 
 any of their counsel learned in the law, shall be reasonably de- 
 vised, or advised and required. 
 
 Covenant of general warranty. 
 
 And also, that he, the said Benjamin Bargainor, his heirs and 
 assigns, the tract and parcel of land and premises above described, 
 and herein mentioned to be granted, bargained and sold, with the 
 appurtenances, unto the said Peter Purchaser, his heirs and assigns, 
 shall and will warrant and forever defend, by these premises, 
 against the claims of all persons whom^^oever. 
 
 Covenant of special warranty. 
 
 The last form is converted into a special warranty, by adding 
 to it the words, " claiming in any manner by, from, under, or in 
 trust for, the said Benjamin Bargainor, or his heirs." 
 
 Form of mortgage for secunng debt, dc. 
 
 This indenture, made this day of , in the year of our 
 
 Lord one thousand eight hundred and , between Moses Mort- 
 
 gagor of Baltimore county, in the State of Maryland, of the one 
 part, and Matthew Mortgagee of Harford county, in the State 
 aforesaid, of the other part : Whereas the said Moses Mortgagor, 
 
DEEDS IN MARYLAND. 147 
 
 by his bond or obligation duly executed,, bearing date on the 
 day of , in the year of o.ur Lord one thousand eight hundred 
 
 and , stands bound unto the said Matthew Mortgagee, his 
 
 executors, administrators and assigns, in the sum of dollars, 
 
 current money, with a condition thereunder written, for the pay- 
 ment of the sum of dollars, current money, with the legal 
 interest for the same, on or before the day of , as by 
 the said bond and condition may more fully appear : Now, this 
 indenture witnesseth, that the said Moses Mortgagor, in conside- 
 ration of the said debt or sum of dollars, owing to the said 
 Matthew Mortgagee, as aforesaid, and for the better securing the 
 payment thereof, with interest, to the said Matthew Mortgagee, 
 his executors, administrators or assigns, according to the condition 
 of the said bond, and also in consideration of the further sum of 
 five dollars, current money, to him the said Moses iMortgagor, by 
 the said Matthew Mortgagee, in hand well and truly paid, at and 
 before the sealing and delivery - of these presents, the receipt 
 whereof is hereby acknowledged by the said Moses Mortgagor, 
 hath granted, bargained and sold, released and confirmed, and by 
 these presents doth grant, bargain and sell, release and confirm, 
 unto the said Matthew Mortgagee, his heirs and assigns, all that 
 tract of land, lying and being in Baltimore county [here describe 
 the premises] : To have and to hold the said tract of land, and 
 every petrt and parcel thereof, with the appurtenances thereunto 
 belonging, to the said Matthew Mortgagee, his heirs and assigns, 
 forever, to his and their own use and behoof: provided, always, 
 and it is the true intent and meaning of these presents, and of the 
 said parties hereunto, that if the said Moses Mortgagor, his heirs, 
 executors or administrators, do and shall well and truly pay, or 
 cause to be paid, unto the said Matthew Mortgagee, his executors, 
 administrators or assigns, the said full sum of dollars, cur- 
 rent money, with legal interest for the same, on or before the 
 day of , in the year , without any deduction or abate- 
 ment whatsoever, then aQd from, thenceforth, these presents, and 
 every matter and thing therein contained, shall cease and be utterly 
 null and void ; any thing therein to the contrary thereof, in any 
 wise, notwithstanding. 
 
 In witness whereof, the said^ Moses Mortgagor has hereunto set 
 his hand and seal on the day and year first above written. 
 
 MOSES MORTGAGOE. [Seal.] 
 
148 practical forms. 
 
 Massachusetts. 
 Form of deed of hargam and sale, with general warranty. 
 
 Know all men by these presents, that I, A B of , in the 
 
 county of , and State of , in consideration of one dollar 
 
 to me paid by G !^ of, Ac, the receipt of which is hereby acknow- 
 ledged, do give, grant, sell and convey unto the saidiG F, his heirs 
 and assigns, a certain tract of land [description]. 
 
 To have and to hold the aforegranted premises, to the said G F, 
 his heirs and assigns, to his and their use and behoof forever. 
 
 And I do, for myself, my heirs, executors and administrators,^ 
 covenant with the said G F, his heirs and assigns, that I am law- 
 fully seized in fee of the aforegranted premises ; that they are free 
 of all incumbrances ; that I have good right to sell and convey the 
 same to the said G F, and that I will warrant and defend the same 
 to the said G F, his heirs and assigns, forever, against the lawfiil 
 claims and demands of all persons. 
 
 In witness whereof, I have hereunto set my hand and seal this 
 day of , in the year, &c. 
 
 Signed, sealed and delivered 1 [Seal.] 
 
 m presence of J 
 
 The effect of the above deed is clearly expressed in the cove- 
 nant. It gives to the grantee all the estate, and the grantor war- 
 rants against every lawful claimant. It is the highest title pro- 
 vided for by deed in this State. 
 
 The form of the quit-claim deed differs from the above as fol- 
 lows: In lieu of the language as above used, "grant, sell and 
 convey," say "grant, sell and quit-claim;" and in lieu of the 
 covenant in the above, use the following : 
 
 " And I covenant with the said G F, his heirs and assigns, to 
 warrant and defend said premises against the lawful claims and 
 demands of all persons claiming by or under me." 
 
 The following is the form of a quit-claim deed, in extmso. 
 
 Form of quit-claim deed. 
 
 Know all men by these presents, that I, A B, of , in the 
 
 gpui}ty of , in the State of , in consideration of one 
 
DEEDS IN MASSACHUSETTS, ETC. 149 
 
 dollar to me paid by G W of,„&c., tlie receipt of wHch is hereby 
 acknowledged, do grant, sell and quit-claim unto the said Gr W, his 
 heirs and assigns, a certara tract of land, &c. [describing it]. 
 
 To have and to hold the aforementioned premises to the said 
 G W, his heirs and assigns, to his and their use and behoof, forever. 
 
 And I covenant with the said G W, his heirs and assigns, to 
 warrant and defend said premises against the lawful claims and 
 demands of all persons claiming by or under me. 
 
 In witness whereof, I have hereunto'feet my hand and seal this 
 day of , in the year, &c. 
 
 [Seal.] 
 
 The following is the form of these deeds, when a married woman 
 unites in order to release her dower : 
 
 Form of deed, wife uniting to release dower. 
 
 Follow preceding forms, not inserting the name of the wife in 
 the body of the instrument, or making any other modifications, 
 until you arrive at the attesting clause, when you should pro- 
 ceed thus : 
 
 In witness whereof, I, the said Alfred B, together with Caroline 
 B my wife, in token of her relinquishment of dower in the prem- 
 ises, have hereunto set our hands and seals this day of 
 
 ■■ [Seal.] 
 
 — [Seal.] 
 
 When property conveyed belongs to wife. 
 
 When the property conveyed belongs to the wife, the husband 
 and wife join in the conveyance, and in such case the name of the 
 wife is inserted in the body of the instrument. The foregoing 
 forms may be readily adapted to such case. 
 
 Michigan. 
 
 JForm of deed of bargain and sale, with general warrant^/. 
 
 This indenture, made the day of , in the year of our 
 
 Lord one thousand eight hundred and fifty , between A B, and 
 B B his wife, parties of the first part, and D, party of the second 
 part : Witnesseth, that the said parties of the first part, for the 
 
150 PRACTICAL FORMS. 
 
 sum of dollars to tHem paid by the said party of the second 
 
 part, do by these presents grant, bargain, sell, remise, release, alien 
 and confirm unto the said party of the second part, and to his heirs 
 and assigns, forever [here describe property conveyed], with all the 
 hereditaments and appurtenances thereunto belonging. To have 
 and to hold the said premises unto the said party of the s.econd 
 part, and to his heirs and assigns, forever. And the said parties of 
 the first part, for themselves and their heirs, executors, adminis- 
 ti:ators and assigns, do covenant with the said party of the second ■ 
 part, his heirs and assigns, that at the time of the delivery of these 
 presents, they are seized of the above granted premises in fee sim- 
 ple ; that they are free from all incumbrances, and that they wUl, 
 and their heirs, executors, administrators and assigns, shall warrant 
 and defend the same against all lawful claims whatever. 
 
 In witness whereof, the said parties of th* first part have here- 
 ■ unto set their hands and seals the day and year first above written. 
 
 Signed, sealed and delivered in "j - A B. [Seal.] 
 
 presence of John Jones, > -d -n ra i i 
 
 PbteePablet.J ^ ^- L^eal.J 
 
 Form of quit-claim deed. 
 
 This indenture, made the day of 18 , between A B, 
 
 and B B his wife, parties of the first part, and C D, party of the 
 second pS'i't ; Witnesseth, that the said parties of the first part, for 
 the sum of dollars to them paid by the said party of the second 
 part, do, by these presents, grant, bargain, sell, remise, release, 
 alien and quit-claim unto the said party of the second part, and to 
 his heirs and assigns, forever [here describe property conveyed], 
 with all the hereditaments and appurtenances thereunto belonging. 
 To have and to hold said premises unto the said party of the second 
 part, and to his heirs and assigns, forever. 
 
 In witness whereof, the said parties of the first part have here- 
 unto set, their hands and seals the day and year first above written. 
 
 Signed, sealed and delivered in 1 A B. [Seal.l 
 
 presence of John Jones, y tj -d" ra i n 
 
 Peter Parley. J ^ ^- L^eai.J 
 
DEEDS IN MINBSOTA, ETC. 151 
 
 MiNESOTA. 
 
 Form of deed of bargain and sale, witK general warranty. 
 
 This indenture, made ttis day of , in the year , 
 
 between J of , and E (formerly E N), tis wife, of the first 
 
 part, and H M of , of the second part : Witnesseth, that the ■ 
 
 said J 0, and E his wife, for and in consideration of the sum of 
 dollars, good and lawful money of the United States, to them 
 in hand paid by the said H M, at or before the sealing and de- 
 livery of these presents, the receipt whereof they d(^ hereby ac- 
 knowledge, and thereof acquit and forever discharge the said H M, 
 his heirs, executors and administrators, by these presents have 
 granted, bargained, sold, aliened, enfeoffed, released and confirmed, 
 and by thefee presents do grant, bargain, sell, alien, enfeoflf, release 
 and confirm unto the said H M, and unto his heirs and assigns, 
 forever, a certain lot, piece or parcel of land, situate, lying and 
 being in [here describe the land], together with all the estate, right, 
 title, interest and property, claim and demand whatever,, of them, 
 the said J 0, and E his wife, in law or equity, or otherwise how- 
 ever, of, in, to or out of the same. To have and to hold the said 
 lot, piece or parcel of land, and every part and parcel thereof, with 
 their appurtenances, unto the said H M, his heirs and assigns, for- 
 ever, and unto the only proper use and behoof of him,' the said 
 H M, his heirs and assigns, forever. And the said J C, for himself, 
 his heirs, executors and administrators, and for and in behalf of 
 the said E his wife, and her heirs, doth covenant, promise, grant 
 and agree, to and with the said H M, his heirs and assigns, by 
 these presents, in manner and form following, to wit : That he, the 
 said J 0, and his heirs, the said lot, piece or parcel of land and 
 premises hereby granted, or intended so to be, Tvith the appurte- 
 nances, unto the said H M, his heirs, and assigns, against him, the 
 said J 0, and his heirs, and against the heirs of the said E his wife, 
 and against all and every person or persons whatever, will warrant 
 and forever defend by these presents. 
 
 In witness whereof, the parties hereto have hereunto set their 
 hands and seals on the day and yeai first herein mentioned. 
 Signed, sealed, and delivered ■) J C. [Seal] 
 
 in presence of us .-MN. I E 0. [Seal!] 
 
152 PBACTICAli FORMS. 
 
 Form of quit-claim deed. 
 
 Follow form of quit-claim deed, under title " Michigan." 
 
 Mississippi. 
 
 Form of deed of bargain and sale, with general warranty, do. 
 
 Follow form of deed under title " Minnesota." 
 
 The statute requires that the deed, in order to affect purchasers, 
 &c., "should* be acknowledged by the party or parties who shall 
 have executed it, or be proved by one or more of the subscribing 
 witnesses." Hutch. Code, p. 605. This seems'to contemplate the 
 execution of the deed in the presence of two witnesses at the least ; 
 and it is therefore safer in all cases so to execute it. It is said, 
 however, that in Wilkens v. Wills, 9 S. & M. 325, it was decided 
 that a deed attested by a single witness might rightfully be admit- 
 ted to record, upon his proving the execution of the deed. See the 
 Agricultural Bank of Mississippi et als. v. Eice et als., 4 How. 228. 
 In this case, it was not objected in argument that the deed was only 
 attested by one witness. 
 
 Form of quitclaim deed. 
 
 Follow the fbrm of quit-claim under title " Michigan." 
 
 MiSSOUEI. 
 
 Form of deed of hargain and sale, t&c. 
 
 Follow form under title " Illinois." In Missouri, the term "heirs," 
 or other words of inheritance, are not necessary in order to create 
 or convey an estate in fee simple. 
 
 " The words ' grant, bargain and sell,' in all conveyances in 
 which an estate of inheritance in fee simple is limited," it is 
 declared by statute, " shall, unless restrained by express terms con- 
 tained in such conveyances, be construed to be the following ex- 
 press covenants on the part of the grantor, for himself and his 
 heirs, to the grantee, his heirs and assigns. .First, that the grantor 
 was, at the time of the execution of such conveyance, seized of an 
 indefeasible estate in fee simple, in the real estate thereby granted. 
 Second, that such real estate was, at the time of the execution of 
 
DEEDS IN NEW HAMPSHIRE, ETC. 153 
 
 Bucli conveyance, free from incumbrance done or suflfered by the 
 grantor, or any person claiming undej* him. Third, for further 
 assurances of such real estate to be made by the grantor and his 
 heirs, to the grantee, and his heirs and assigns, and may be sued 
 upon in the same manner as if such covenants were expressly in- 
 serted in the conveyance." -Miss. Eev. Stat.,.ch. 32, § 14. 
 
 Form of quit-dairft deedi : 
 
 Follow form of quit-claim deed, under title "Illinois," 
 
 New Hampshieb, 
 
 JPbrm of deed of bargain and sale. 
 
 Follow form under title " Minesotav" 
 
 Form of quit-claim deed. 
 
 Follow form under title "Michigan." The New Hampshire 
 statute requires the attestation of witnesses, and H;hat the deed be 
 signed and sealed by the party Executing. 
 
 New Jersey. 
 
 Form of deed of hargain and Sale, with general warranty. 
 
 This indenture, made the day of , in the year of our 
 
 Lord one thousand eight hundned and , between John Doe, and 
 Mary his wife, of the city of Newark,. in the county of Essex, an(i 
 State of New Jersey, of the first pai't, and Eichard Eoe of the 
 same place, of the second part : Witnesseth, that the said party of 
 the first part, for and in consideration of the sum of one thousand 
 dollars, lawful money of the United States of Aniericfa, to them in 
 hand well and truly paid by the said party of the second part, at 
 •and before the sealing and delivery of these presents, the receipt 
 whereof is hereby acknowledged, and the said party of the first 
 part, therewith fully satisfied, contented and paid, have given, 
 grantjed, bargained, sold, aliened, released, enfeoffed, conveyed tod 
 confirmed, and by these presents do give, grar^t, bargain, sell, alien, 
 release, enfeoff, convey and confiria, to the said party of the second 
 pai?t, and to his heirs and assigns, forevter, all that lot, tract or 
 20 
 
164 PKACTICAL FORMS. 
 
 parcel of land and premises, hereinafter particularly described, 
 situate, lying and being in the city of Newark, in the county of 
 Essex, and State of New Jersey, beginning, &c. &c. Together with 
 all and singular the houses, buildings, trees, ways, waters, profits, 
 privileges and advantages, with the appurtenances to the same be- 
 longing, or in any wise appertaining. Also, all the estate, right, 
 title, interest, property, claiifl and demand whatsoever, of the said 
 party of the first part, of, in, and to the same, and of, in and to 
 every paft and parcel thereof. To have and to hold, all and' sin- 
 gular the above described tract or lot of land and premises, with 
 the appurtenances, unto "the said party of the ' second part, his 
 heirs and assigns, to the only proper use, benefit and behoof of the 
 'said party of the second part, his heirs and assigns, forever. 
 
 And the said John Doe does, for himself, his heirs, executors and 
 administrators, covenant and grant to and with the said party of 
 the second part, his heirs and assigns, that he, the said John Doe, 
 is the true, lawful and right owner of all and singular the above 
 described land and premises, and of every part and parcel thereof, 
 with the appurtenances thereunto belonging : and that the said 
 land and premises, or any part thereof, at the time of sealing and 
 delivery of these presents, are not incumbered by any mortgage, 
 judgment or limitation, or by any incumbrance whatsoever, by 
 which the title of the said party of the second part, hereby made, 
 or intended to be made, for the above described land and premises, 
 lan or may be changed, charged, altered or defeated in any way 
 whatsoever. And also, that the sajd party of the first part now 
 hath good right, full power, and lawful authority to grant, bar- 
 gain, sell and convey the said land and premises, in manner afore- 
 said. And, also, that the said John Doe, and his heirs, will war- 
 rant, secure, and forever defend the said land and premises, unto 
 the said Eichard Eoe, his heirs and assigns, forever, against the 
 lawful claims and demands of all and every person and persons, 
 freely and clearly freed and discharged of and from all manner of 
 incumbrances whatsoever. 
 
 In witness whereof, the said John Doe, and Mary his vrife, have 
 hereto set their hands and seals the day and year first above 
 written. 
 
 Signed, sealed and deliviBred \ "' '■ '■' 
 
 m presence of J ■ ' [Seal.] 
 
DEEDS IN NEW JERSEY, ETC. 155 
 
 Ihrm of deed of bargain and sale, without warranty y i 
 
 THs indenture, made tie day of ,, in the year 18 , 
 
 between A B of the city of , of the first part, and L M of 
 
 the same place, of the second part : Witnesseth, that the said A B, 
 for and in consideration (jf one thousand dollars, lawful money of 
 the United States, to him in hand paid fey the said L M, the receipt 
 whereof is hereby acknowledged, hath granted, bargained and sold, 
 and by these presents doth grant, bargain, sell. Convey and confirm, 
 unto the said L M, his heirs, executors,- ^administrators and assigns, 
 forever, all and singular that certain piece or parcel of land, situ^ 
 ated in the city of [here describe the land], together with all and 
 singular the tenemert^s, hereditaments and appurtenances there- 
 unto belonging, and the reversions, remainders, rents, issues and 
 profits thereof, and all the estate, title and interest of the said A B, 
 to the said^ premises, or any part thereof. To have and to hold 
 the above granted premises, to him, the s^iid L ^, his heirs and 
 assigns, to bis and their only benefit, use and behoof, forever. 
 
 In witness whereof, the said A B has hereto set his hand and 
 seal the day and year first above written. 
 
 Signed, sealecfand delivered | A. B. [Seal. J 
 
 in presence of j 
 
 New York. 
 
 ibrm of deed of bargain and sale. 
 
 This indenture, nlade the day of , in the year of our 
 
 Lord one thousand eight hundred and , between AB, of, &c., 
 
 of the first part, and D^ of,, &c., of the second part : Witnesseth, 
 that the said party of the first part, for and in consideration of the 
 sum of dollars, to him in hand paid by the said party of the 
 
 second part, the receipt whereof -is hereby acknowledged, hath bar- 
 gained and sold, and by these presents doth bargain and sell, unto 
 the said party" of the second part, and to his heirs and assigns, for- 
 ever, all; &c. [here describe the premises], together with all and 
 singular the hereditanients and appurtenances thereunto belonging, 
 or in any wise appertaining, and the reversion and reversions, re- 
 mainder and remainders, rents, issues and profits thereof ; and also, 
 all the estate, -right, title, interest, claim or demand whatsoever,' of 
 him, the said party of the first part,' either in law or equity,- of, in 
 
156 PEACTICAL FORMS. 
 
 and to, the above bargained premises, and every part and parcel 
 
 t]iere!of.(*) 
 
 In witness whereof, the said party of th.e first part has hereunto 
 
 set his hand and seal the day and year first above written. 
 
 Sealed and delivered in | A B. [Seal.] 
 
 presence of G H. J 
 
 Form of deed of largain and sale, with general warrarvty. 
 
 This indenture, made the day of , in the year one thou- 
 
 sand eight hundred and , between A B, of, &c., of the first part, 
 and C D, of, &c., of the second part : Witnesseth, that the said 
 party of the first part, for and in eonsideration of the sum of 
 dollars, lawful money of the United States, to him in hand paid by 
 the said party of the second part, at or before the ensealing and 
 delivery of these presents, the receipt whereof is hereby acknow- 
 ledged,' hath granted, bargained, sold, aliened, remised, released, 
 conveyed and confirmed, and by these presents doth grant, bar- 
 gain, sell, alien, remise, release, convey and confirm, unto the said 
 party of the second part, and to his heirs and assigns, forever, all 
 [description] ; together with all and singular the tenements, here- 
 ditaments and appurtenances thereunto belonging, or» in any wise 
 appertaining, and the reversion and reversions, remainder and re- 
 maind.ers, rents, issues and profits thereof : And also, all the estate, 
 right, title, interest [insert here, dower and right of dower, if ne- 
 cessary], property, possession, claim and demand, whatsoever, as 
 well at law as in equity, of the said party of the first part, of, in or 
 tp, the above described premises, and every part and parcel thereof, 
 with the appurtenances. To have and to hold, all and singular 
 the above mentioned and described premises, together with the ap- 
 purtenances, unto the said party of the second part, his heirs and 
 assigns, forever. And the said A B, for himself, and his heirs, the 
 said premises in the quiet and peaceable possession of the said party 
 of the second part, his heirs and assigns, against the said party of 
 the first part, and his heirs, and against all and every person whom- 
 spever, lawfully claiming, or to claim the same, shall and will war- 
 rant and by these presents forever defend. 
 
 In witness whereof, the said party of the first part has hereunto 
 
 set his hand and seal the day and year first above written. 
 
 pealed and delivered in 1 A B. [Seal.] 
 
 presewsa of G H. J 
 
DEEDS IN NEW YORK. 157 
 
 Form of deed of hargain and sale, with covenants of title, <&e. 
 
 This indenture, &c. [follow the form of deed of bargain and 
 sale, to the (*), on page 156, and then add] : To have and to hold 
 the above granted, bargained and described premises, with' the 
 appurtenances, unto the said party of the second part, his heirs 
 and assigns, tc^his and their own proper use, benefit and behoof, 
 forever. And the said A B, for himself and his heirs; executors 
 and administrators, doth covenant, grant and agree, to and with 
 the said party of the second part, his heirs and assigns, that the 
 said party of the first part, at the iHpie of the sealing and delivery 
 of these presents, is lawfully seized in his own right [or, as the 
 case may be], of a good, absolute and indefeasible estate of inheri- 
 tance, in fee simple, of and in all and singular the above granted 
 and described premises, with the appurtenances, and hath good 
 right, full power, ,an^ lawful authority, to grant, bargain, sell and 
 convey the same, in manner aforesaid ; and that the said party of 
 the second part, his heirs and, assigns, shall and may, at all times 
 hereafter, peaceably and quietly have, hold, use, occupy, possess. 
 and enjoy, the above granted premises, and every part and parcel 
 thereof, with the appurtenances, without any let, suit, trouble, mo- 
 lestation, eviction or disturbance, of the said party of the first p3,rt,- 
 his heirs or assigns, or of any other person or persons, lawfully 
 claiming, or to claim the same ; and that the same now are free, - 
 clear, discharged and unincumbered, of and from all former and 
 other grants, titles, charges, estates, judgments, taxes, assignments 
 and incumbrances, of what nature or kind soever. vAnd also, that 
 .the said party of the first part, and his heirs, and all and every 
 person or persons whomsoever, lawfully or equitably ^riving any 
 estate, right, title or interest, of, in or to, the herein granted pre- 
 mises, by, from, under, or in trust for him or them, shall and will, 
 at all time or times hereafter,.upon the reasonable request, and at 
 the proper costs and charges in the law of the said party of the- 
 second part, his heirs and assigns, make, do and execute, or cause 
 to be made, doive and executed, all and every such further and 
 other lawful and reasonable acts, conveyances and assurances in the 
 law, for the better and more efiectually vesting and confirming the 
 premises hereby grarited, or so intended to be, in and to the said 
 
158 PRACTICAL FORMS. 
 
 party of the 'second part, his heirs and. assigns, forever) as by the 
 
 said party of the second part, his heirs or assigns, or his or their 
 
 counsel, learned in the law, shall be reasonably advised, devised 
 
 or required. And 'the said A B, for himself and his heirs, the 
 
 above described and hereby granted and released premises, and 
 
 every part and parcel thereof, with the appurtenances, unto the 
 
 said party of the second part, his heirs and assigns, against the 
 
 said party of the'first part, and his heirs, and against all and every 
 
 person and persons whomsoever, lawfully claiming, or to claim the 
 
 same, shall and will warrant, and by these, presents forever defend. 
 
 In witness whereof, the said party of the first part has hereunto 
 
 set his hand and seal the daygB.d year first above written. 
 
 Sealed and delivered in 1 A B. [Seal.] 
 
 presence of G H. j u^ J 
 
 Form of quit-claim deed. 
 
 Know all men by these presents, that we, A B, of, &c., and E his 
 wife, in consideration of the sum of dollars, to us in hand paid 
 by D, of, &c., the receipt whereof we do hereby acknowledge, 
 have bargained, sold and quit-claimed, and by these presents do 
 bargain, sell and quit-claim, unto the said D, and to his heirs and 
 assigns, forever, all our and each of our right, title, interest, estate, 
 claim and demand, both at law and in equity, and as well in pos- 
 session as in expectancy, of, in and to, all that certain piece or 
 parcel of land, situate, &c. [description], with all and singular the 
 hereditaments and appurtenances 'thereunto belonging. 
 
 In witness whereof, we have hereunto set our hands and seals 
 the day and year first above written. 
 Sealed and delivered in ) A B [Seal ] ' 
 
 presence 0^ a H. j E B. [Seal ] 
 
 Form, of nnorigage hy hu^hand and wife. 
 
 This indenture, made, &c. between A B, and M his wife, of, &c. 
 of the first part, and D of, &c. of the second part : Witnesseth, 
 that the party of the first part, for and in consideration of the sum 
 of dollars to them in hand paid, the receipt whereof is hereby 
 acknowledged, have bargained, sold, aliened, released, conveyed 
 and confirmed, and by these presents do bargain, sell, alien, release, 
 
DEEDS IN NEW YORK. 159 
 
 convey and confirm unto the said party of tte second part, tis lieirs 
 and assigns, forever; all [description], together with the tenements, 
 hereditaments, and ^appurtenances' thereunto belonging, or in any 
 wise appertaining ; and also all the estate, right,_ title, interest, 
 dower and right of dower, property, possession, claim and demand 
 whatsoever of the said party of the first part, of, in and to the 
 same, and the reversion and reversions^ remainder and remainders, 
 rents, issues and profits thereof. To have and to hold the herein- 
 before granted, bargained and d%scribed premises, with the appur- 
 tenances, unto the said party of the second part, his heirs and 
 assigns, to his and their own proper use, benefit and behoof, for- 
 ever. This conveyance is intended as a mortgage to secure the 
 payment of the sum of dollars in five years from the day of 
 
 the date hereof, with semi-annual interest, payable on. the second 
 day of January and the first day of July; in each and every year, 
 according to the condition of a certain bond, bearing even date 
 herewith, executed by the said A B to the said party of the second 
 part ; and these presents shall be void if such payment be made. 
 But in case default shall be made in the payment of the principal, 
 or interest, as above provided, then the party of the second part, 
 his executors, administrators and assigns, are hereby empowered to 
 sell the premises above described, with all and every of the appur- 
 tenances, or any part thereof, in the manner prescribed by law, and 
 out of the money arising from such sale, to retain the said prin-. 
 cipal and interest, together with the costs and charges of making 
 such sale ; and the overplus, if any there be, shall be paid by the 
 party making such sale, on demand, to the parties of the first part, 
 their heirs or assigns. And the said A B, for himself, his heirs, 
 executors and administmtors, doth covenant and agree to pay unto 
 the said party of the second part, his executors, administrators or 
 assigns, the- said sum of money and interest, as above mentioned, 
 and as' expressed in the condition of the. said bond. 
 
 In witness whereof, the said parties of the first part have hereunto 
 set their hands and. seals the day and year first above written. 
 Signed, sealed and delivered 1 A B [Seal 1 
 
 xn presence of G. H. | . M b! [Seal] 
 
160 PKACTICAL rOKMS. 
 
 NOETH OAEOLINA. 
 
 , Form of deed of ha/rgain am^ gale. 
 
 The forto under title " Alabama, p. 121, ante, may be followed. 
 To convey the wife's land, she must unite in the deed with her 
 husband, and acknowledge it. Widows are entitled to dower in 
 such lands only as their husbands die seized and possessed of. 1 E. 
 S. 612, ch. 121. It would seem, therefore, unnecessary for the wife 
 to unite in the deed merely to relinquish her right of dower. 
 
 Fdrm of deed of trust. 
 
 Follow form of trust deed under title " Alabama," p. 122. 
 
 Ohio. 
 
 Form of deed of bargain and. sale, with warranty. 
 
 Know all men, that G W of the city of , State of Ohio, for 
 
 and in consideration of one thousand dollars to him paid by B F 
 of the same place, the receipt whereof is hereby acknowledged, 
 doth hereby grant, bargain, sell and convey to the said B F, his 
 heirs and assigns, forever, the following real estate [here describe 
 land], together with all the privileges and appurtenances to the 
 same belonging. To have and to hold the same to the said B F, 
 his heirs and assigns, forever — ^the grantor hereby covenanting with 
 the grantee, his heirs and assigns, that the title so conveyed is 
 clear, free and unincumbered ; and that he will warrant and for- 
 ever defend the same against all claims whatsoever. 
 
 In witness whereof, the said G W hath*hereunto set his hand 
 
 and seal this day of , in the year 18 . 
 
 Signed, sealed and delivered "| _ Q W. [Seal.] 
 
 m presence of J D. > 
 
 R Er. J ^ 
 
 Form of same, with covenants of title, dc. 
 
 Know all men by these presents, that A B, and Sarah B his wife, 
 of the city of , State of , parties of the first part, for 
 
 and in consideration of the sum of three thousand dollars, lawful 
 money of the United States, to them in hand paid by A B of the 
 
DEEDS IN OHIO. 161 
 
 city of , in said State, party of tlie second part, at or before 
 
 the ensealing and delivery of these presents, the receipt whereof 
 is hereby acknowledged, and the said party of the second part, his 
 heirs, executors and administrators, forever, released and discharged 
 from the same, by these presents, have granted, bargained, sold, 
 aliened, remised, released, conveyed and confirmed, and by these 
 presents do grant, bargain, sell, alien, remise, release, convey and 
 confirm unto the said party of the second part, and to his heirs and 
 assigns, forever, all that [here describe land], together with all and 
 singular the tenements, hereditaments, and appurteijances there- 
 unto belonging, or in any wise appertaining, and the reversion and 
 reversions, remainder and remainders, rents, issues and profits 
 thereof ; and also all the estate, right, title, interest, dower and 
 right of dower, property, -possession, claim and demand whatsoever, 
 as well in law as in equity, of the said parties of the first part, of, 
 in and to the same, and every part and parcel jbhereof, with the 
 appurtenances. To have and to hold the above granted, bargained 
 and described premises, with the appurtenances, unto the said party 
 ef the second part, his heirs and assigns, to his and their own 
 proper use, benefit and behoof, forever. 
 
 And the said A B, for himself, his heirs, executors and adminis- 
 trators, doth covenant, grant and agree to and with the said party 
 of the second part, his heirs and assigns, that the said A B, at the 
 time of the sealing and delivery of these, presents, was lawfully 
 seized, in his own right, of a good, absolute and indefeasible estate 
 of inheritance, in fee simple, of and in all and singular the above 
 granted and described premises, with the appurtenances ; and hag 
 good right, full power and lawful authority to grant, bargain, sell 
 and convey the same in manner aforesaid ; and that the said party 
 of the. second part, his heirs and assigns, shall and may, at all times 
 hereafter, peaceably and quietly have,' hold, use, occupy, possess 
 and enjoy the above granted premises, and every part and parcel 
 thereof, with the appurtenances, without any let, suit, trouble, mo- 
 lestation, eviction or disturbance of the said parties of the first 
 part, their heirs or assigns, or of any other person or persons law- 
 fully claiming or to claim the same ; and that the same now are 
 free, clear, discharged and unencumbered of and from all formel: 
 and other grants, titles, charges, estates, judgments, taxes, assess- 
 21 
 
162 PEACTICAL FORMS. 
 
 ments and incumbrances of wliat nature or kind soever ; and also 
 that tlie said parties of the first part, and their heirs, and all and 
 every person or persons -whomsoever, lawfully or equitably de- 
 riving any estate, right, title oi- interest of, in or to the hereinbefore 
 granted premises, by, from, under, or in trust for them, or either of 
 them, shall and will,' at any time or times hereafter, upon the 
 reasonable request, and at the proper costs and charges in the law, 
 of the said party of the second part, his heirs and assigns, make, 
 do and execute, or cause to be made, done and executed, all and 
 every such further .and other lawful and reasonable acts, convey- 
 ances and assurances in the law, for the better and more effectually 
 vesting and confirming the premises hereby granted, or so intended 
 to be, in and to the said party of the second part, his heirs and 
 assigns, forever, as by the said party of the second part, his heirs 
 or assigns, his or their, counsel learned in the law, shall be reason- 
 ably advised or required. And the said A B, his heirs, the above 
 described and hereby granted and released premises, and every 
 part and parcel thereof,- with the appurtenances, unto the said 
 party of the second part, his heirs and assigns, against the said 
 parties of the first part, and their heirs, and against all and every 
 person and persons whomsoever, lawfully claiming or to claim the 
 same; shall and will warrant, and by these presents forever defend. 
 
 In witness whereof, the said parties of the first part have here-, 
 unto set their hands and seals this day of , 18 . 
 
 Signed, sealed and delivered ") A B. [Seal.] 
 
 m presence of J B^ j SAEAH B. [Seal.] 
 
 Form of quit-claim deed. 
 
 Know all men, that W S, and Ann S his -wife, of county, 
 
 State of , in consideration of twelve hundred and fifty dollars 
 to them paid by B of county, State of , the receipt 
 
 whereof is hereby acknowledged, do hereby remise, release -and 
 forever quit-claim unto the said B, his heirs and assigns, forever, 
 the following real estate [here describe land], together with all the 
 privileges and appurtejiances thereto belonging. To have and to 
 hold the same to the said B, his heirs and assigns, forever. 
 
 In witness -wher.eof, th,e said W S, together with Ann S his wife, 
 
DEEDS IN OHIO. 163 
 
 who hereby forever releases and relinquishes all title and^ claim of 
 dower in and to the premises aforesaid, have hereunto set their 
 hands and seals this day of , in the year 18 . 
 
 Signed, sealed and delivered "j W S [Sea.1 1 
 
 xn presence of MRJ • ^j^jj" g, [g^^y 
 
 IbrTn of deed of trust creating special estate for wife. 
 
 This indenture, made this day of , eighteen hundred 
 
 and , between S of county. State of , of the first 
 
 part, and G G of the city of , in said county, of the second 
 
 part : Whereas the said C S is desirous to make provision for his 
 daughter, Caroline S, now of the age of twenty-one years, against 
 future contingencies, and for her maintenance and support : and 
 whereas the said S is desirous that his said daughter should enjoy 
 the proceeds, rents, issues and income of the real festate hereinafter 
 more particularly described, during the term of her natural life, 
 free from the control, liabilities or interference of any husband that 
 she may hereafter have : Now, therefore, this indenture witnesseth, 
 that the saidO S, in consideration of the premises, and of the sum 
 of one dollar, lawful money of the . United States, to him in hand 
 paid "by the said party of the second part, the receipt whereof is 
 hereby acknowledged, hath bargained, ^old, aliened, reinised, re- 
 leased, conveyed and confirmed, and by these presents doth bar- 
 gain, sell, alien, remise, release, convey and confirm unto the said 
 party of the second part, all that certain lot [here describe land], 
 together with all and singular the tenements, hereditaments, and 
 appurtenances thereunto belonging or in any wise appertaining ; 
 and the reversion and reversions, remainder and remainders, rents, 
 issues and profits thereof ; and also all the estate, right, title, in- 
 terest, property, possession, claim and demand whatsoever, as well 
 at law as in equity, of the said party of the first part, of, in or to 
 the above described'premises, and every part and parcel thereof, 
 with the appurtenances. To have and to hold all and singular the 
 above mentioned and described premises, together with the appur- 
 teriances, uHto the said G G, his- successors and assigns : 
 
 In trust, and to and for the several uses, intents and purposes 
 hereinafter mentioned, namely n 
 
164 PRACTICAL FOEMS. 
 
 First. In trust, to lease the same, and to take, collect and receive 
 the rents, issues and profits thfereof ; and out of the same to teep 
 the said premises in good order and repair, and properly insured, 
 and pay all taxes, assessments and charges that may be imposed 
 thereon. 
 
 Secondly. In trust, to pay the residue of such rents, issues and 
 income to my daughter, Caroline S, Upon her sole and separate re- 
 ceipt, to the intent and purpose that she may enjoy, possess and 
 have the same, free from the control, interference or liabilities of 
 any husband she may hereafter have, during the term of her 
 natural life. 
 
 Thirdly. In trust, to convey the said land and premises to such 
 person or persons as she, the said Caroline S, by her last will and 
 testament, or by an instrument in the nature of a last will and tes- 
 tament, subscribed by her in the presence of two credible wit- 
 nesses, notwithstanding her coverture, may direct and appoint. 
 
 And ihe said S hereby declares, that upon the decease of hia 
 said daughter, Caroline S, the said trusts^all cease and determine, 
 and the land and premises above described shall belong, in fee 
 simple absolute, to such person or persons as the said Caroline S 
 shall as aforesaid direct and appoint, and in default of such ap* 
 pointment, shall revert to the said C S, the grantor herein named, 
 and to his heirs, to his and their sole use, benefit and behoof, 
 forever. 
 
 And the said party of the second part doth hereby signify his 
 
 acceptance of this trust, and doth hereby covenant and agree to 
 
 and with the said party of the first part, faithfully to discharge 
 
 and execute the same according to the true intent and meaning of 
 
 these presents. 
 
 In witness whereof, the said parties have hereunto set their 
 
 hands and seals the day and year first above written. 
 
 Signed, pealed and delivered 1 O g. fSeal.l 
 
 in presence of J D. > • n i-i rn i t 
 
 J A.J « Gr- [Seal.] 
 
 Form of a rrimigage. 
 
 Know all men by these prfesents, that J P of , county of 
 
 , for and in consideration of the sum of five dollars, to him 
 
 in hand paid by M L, of , county of , the receipt whereof 
 
DEEDS IN PENNSYLVANIA. 165 
 
 is hereby acknowledged, doth hereby bargain, sell and convey to 
 the said M L, his heirs and assigns, forever, the following real es- 
 tate [here describe it], together with all the privileges and appur- 
 tenances to the same belonging. 
 
 To have and to hold the same to the said M L, his heirs and as- 
 signs, forever. 
 
 Provided always, that if the said J P shall cause to be paid unto 
 the said M L, his five certain promissory notes, of even date here- 
 with, for one thousand dollars, each, with interest, payable to the 
 said M L, or order, in one, two, three, four and five years, respec- 
 tively, from the date, then these presents shall be void. 
 
 In witness whereof, the said J P hath hereunto set his hand and 
 
 seal this day of , in the year 18 . 
 
 Signed, sealed and acknowledged in ■} J P. [Seal.] 
 
 presence of Heney Tappas, 
 Joseph Denhihg. 
 
 a 
 
 Note. — ^When the notes (to secure which mortgage is given) have 
 been paid, an entry of satisfaction should be made. The following 
 form may be used : 
 
 I, M L, of • , do^hereby certify, that a certain deed of mort- 
 gage, dated the day of , in the year 18 , executed by 
 J.P of , to secure the payment of five promissory notes, for 
 one thousand dollars each, with interest, to me, and recorded in 
 vol. , page , in the recorder's office in county, is paid. 
 
 Given Under my hand and seal this day of , in the 
 
 year 18 . 
 Attest :-S T. 1 ML. [Seal.]_" 
 
 PennsylvaNla. 
 
 Form of deed of hargain and sale. 
 
 This indenture, made the day of June, in the year of our 
 
 Lord one thousand eight hundred and , between A M, of the 
 
 city of Philadelphia, in the State of Pennsylvania, merchant, and 
 M his wife, of the one part, and H, of the township of Swatara, 
 in the county of Dauphin, in the State aforesaid, yeoman, of the 
 other part : Witnesaeth, tbatthe said A M, and M his wife, for and 
 
166 PKACTI,OAL FORMS. 
 
 in consideration of the sum of seven hundred dollars, to them in 
 hand paid by the said G' H, at and before the sealing and delivery 
 hereof, the receipt whereof they do hereby acknowledge, and there- 
 of acquit and forever discharge the said H, his heirs, executors 
 and administrators, and by these presents have granted, bargained, 
 sold, aliened, enfeoffed, released and confirmed, and by these pre- 
 sents do grant, bargain, sell, alien, enfeoff, release and confirm, 
 unto the said G H, and to his heirs and assigns, all that certain 
 messuage, &c. 
 
 Together with all and singular other the houses, out-housesi 
 buildings, barns, stables, ways, woods, waters, water-courses, rights, 
 liberties, privileges, hereditaments and appurtenances whatsoever, 
 thereunto belonging, or in any wise appertaining, and the reversions 
 and remainders, rents, issues and profits thereof : And also, all the 
 estate, right, title, interest, property, claim and demand whatsoever, 
 of them, the said A M, and M his wife, in law or equity, or other- 
 wise, howsoever, of, in, to, or out of the same. 
 
 To have and to hold the said messuage or tenement, and tract of 
 one hundred acres of land, hereditaments and premises hereby 
 granted or mentioned, or intended so to be, with the appurtenances, 
 unto the said G H, his heirs and assigns, to the only proper use 
 and behoof of the said G H, his heirs and assigns, forever. 
 
 In witness whereof, the said parties to these presents have here- 
 unto interchangeably set their hands and seals, dated the day and 
 year first above written. A M. [Seal.] 
 
 M. [Seal.] 
 
 Note. — It is usual in this State to recite with particularity, after 
 describing the premises, the title .by which the grantor holds it. 
 Thus, in the case of an estate of intestate, conveyed by the heirs, 
 who subsequently convey to the grantor, the title being originally 
 derived from a patent, the following form is used : 
 
 " It being the' same tract of land which the Commonwealth of 
 Pennsylvania, by patent, bearing date the day of , A. D. 
 
 (enrolled in the rolls oflBce for the State of Pennsylvania, in 
 Patent Book, No. 12, p. 53, &c.), for the consideration therein men- 
 tioned, did grant and confirm unto K E, in fee, who being thereof 
 lawfully seized, died intestate, leaving issue E E, and N, intermar- 
 ried with N S, to whom the same, by the laws of Pennsylvania, 
 
DEEDS IN PENNSYLVANIA. 167 
 
 did descend and come. And the said E E, and N S, and N his 
 wife, by their joint indenture, bearing date the day of , 
 
 A. D'. , for the consideration therein mentioned, did grant and 
 
 confirm the same unto the said A M (party hereto), in fee, as in 
 and by the said indenture (recorded, or intended to be recorded, 
 Ac), relation being thereunto had, appears." 
 
 ■ Endorse on the conveyance a receipt for the consideration 
 money, thus : 
 
 " Received, the day and year within, from the within named H, 
 the sum of dollars, being the full consideration money within 
 
 mentioned. A M." 
 
 Forvn of deed of feoffment, with special covenants. 
 
 This indenture, made the day of , between A B of , 
 
 of the one part, and D of , of the other part : Witnesseth, 
 
 that the said A B, for and in consideration of the sum of 
 dollars, the receipt whereof is hereby acknowledged, hath granted, 
 bargained, sold, aliened, enfeoffed, released and' confirmed, and by 
 - these presents doth grant, bargain, sell, alien, enfeoff, release and 
 •confirm, unto the said D, his heirs, and assigns, forever, all that 
 messuage or tenement, &o., and the reversion • and reversions, re- 
 mainder and remainders, rents, issues and profits thereof, and also, 
 all' the estate, right, title, interest, claim and demand, whatsoever, 
 of him, the said A B, of, in and to the said premises, and of, in and 
 to every part and parcel thereof : To have and to hold the said 
 messuage, tenement &nd premises above mentioned, with the ap^^ 
 purtenances, unto the said D, his heirs and assigns, forever. And 
 the said A B, for himself, his heirs and assigns, doth covenant and 
 grant to and with the said D, his heirs and assigns, that he, the 
 fiaid A B, now is lawfully and rightfully seized, &c. And also, 
 that he, the said A B, hath good right, full power, and lawful autho-= 
 rity, in his own right, to grant, bargain, sell and convey, all and 
 singular the said messuages and premises, with the appurtenances, 
 unto the saidC D, his heirs and assigns.' And that he, the said D, 
 his heirs and assigns, shall and may, at all times forever hereafter, 
 peaceably and quietly have, hold, occupy, possess and enjoy, all 
 and singular the said messuage, lands, tenements, hereditaments 
 
168 PRACTICAL FOBMS. 
 
 and premises above mentioned, with tlie appurtenances, wilhout 
 the let, trouble, hindrance, molestation, interruption or denial of 
 him, the said A B, his heirs or assigns, or of any other person or 
 persons whatsoever, claiming or to claim, by, from, or under him, 
 them, or any of them (except as hereinafter is excepted), and that 
 freed and discharged, or otherwise well and sufficiently saved and 
 kept harmless and indemnified, of and from^ all formeV and other 
 bargains; sales, gifts, grants, leases, mortgages, jointures, dowers, 
 uses, wills, entails, fines, post-fines, issues, amercements, seizures, 
 bonds, annuities, statutes, recognizances, extents, judgments, exe- 
 cutions, rents and arrears of rent, and of and from all former and 
 other charges, estates, rights, titles, troubles and incumbrances^ 
 whatsoever, had, made, committed, done or suffered, or to be had, 
 made, committed, done or sufiered, .by the said A B, or any per- 
 son or persons whatsoever, claiming, or to claim; by, from, or 
 under him, them, or any of them (except' one indenture of lease 
 granted by the said A B to E F of ' , of part of the said pre- 
 
 mises, for the term of years, under the yearly rent of 
 
 dollars, which rent is intended to .pass hereby). And further, that 
 the said A B, and his heirs, and all and every other person and 
 persons, having or claiming in the said premises above mentioned, 
 or any part thereof, by, from, or under him (except as before ex- 
 cepted), shall and will, from time to time, and at all times here- 
 after, upon the reasonable request, and at the costs and charges, of 
 the said D, his heirs and assigns, make, do and execute, or cause 
 and procure to' be made, done and executed, all and every such 
 further and other lawful and reasonable act and acts, thing and 
 things, devises, deeds, conveyances and assurances in the law what- 
 soever, for the further, better and more perfectly granting, convey- 
 ing and assuring, of all and singular the said premises above men- 
 tioned, with the appurtenances, unto the said D, his heirs and 
 assigns, to the only proper use and benefit of the said G D, his 
 heirs and assigns, forever, according to the true intent and mean- 
 ing of these presents, as by the said D, his heirs and assigns, or 
 his or their counsel, shall be reasonably devised, advised and re- 
 quired. And lastly, the said A B hath made, ordained, constituted 
 and appointed, and by these presents doth make, ordain, consti- 
 tute and appoint E F of , and G H of , his true and 
 lawful attorneys, jointly, and either of them severally, for him and 
 
DEEDS IN PENNSYLVANIA. 169 
 
 ivL his name, into the said messuage, lands and premises, witt the 
 appurtenances, hereby granted and convgyed, or mentioited so to 
 be, or into some part thereof, in the name of the whole, to enter, 
 and full, quiet and peaceable possession and seisin thereof, for him, 
 and in his name, to take and have, and such possession and seisin 
 so thereof taken, and had, the like full possession and seisin there- 
 of, or of some part thereof, in the name, of the whole, unto the said 
 C D, or to his certain attorney, to give and deliver, to hold to him, 
 the said G D, his heirs and assigns, forever, according to the true 
 intent and meaning of these presents, hereby ratifying, confirming 
 and allowing, and agreeing to ratify, confirm and allow, all and 
 whatsoever his said attorneys, or either of them, shall do ifi. the 
 premises. 
 
 In witness whereof, the sa,id parties to these presents have here- 
 unto interchangeably set their hands and seals, 'dated the day and 
 year first above written. A B. [Seal.] 
 
 D. [Seal.] 
 
 Form of a quit-claim deed. 
 
 Know all men by these presents, that I, A B, of , Esq., 
 
 in consideration of the sum of , to me in hand paid by C D, 
 
 of , the receipt whereof I do hereby acknowledge, have re- 
 
 mised, released, and forever quit-claim, and by these presents do 
 remise, release, and forever quit-claim unto the said C D, his heirs 
 and assigns, a certain messuage, now in the seisin and possession of 
 the said C D, situate, &c. 
 
 To ha'TO and to hold the aforesaid premises, with all the privi- 
 lege.s and appurtenances to the said messuage, &c. belonging or ap- 
 pertaining, unto the said C D, his heirs and assigns, to his and their 
 sole use forever, so that neither I, the said A B, nor my heirs, nor 
 any person or persons claijning under me or them, shall, at any 
 time hereafter, by any way or means, have, claim or demand any 
 right or title to the aforesaid premises or appurtenances, or to any 
 part or parcel thereof, forever. 
 
 In witness whereof, the said A B has hereunto set his hand and 
 seal on this day of , in the year 
 
 A B. [Seal;] 
 22 
 
170 PKACTICAL FORMS. 
 
 ForTn of mortgage to secure payment of money due on a bond. 
 
 This indenture, made the day of , A. D. , between 
 
 A S of , in the county of , yeoman, of the one part, and 
 
 J B of the city of , merchant, of the other part : Whereas 
 
 the said A S, in and by a certain obligation or writing obligatory, 
 under his hand and seal, bearing even date herewith, stands bound 
 unto the said J B, in the sum of one thousand dollars, conditioned 
 for the payment of five hundred dollars, on the day of 
 
 next ensuing the date hereof, with lawful interest for the same, as 
 in arid by the said recited obligation and condition thereof, relation 
 being thereunto had, more fully and at large appears : Now, this 
 indenture witnesseth, that the said A S, as well for and in conside- 
 ration of the aforesaid debt or sum of five hundred dollars, and 
 for the better securing the payment thereof, with its interest, unto 
 the said J B, his executors, administrators and assigns, in discharge 
 of the said recited obligation, as of the further sum of one dollar, 
 to him in hand paid by the said J B, at and before the sealing and 
 delivery heteof, the receipt whereof, is hereby acknowledged, hath 
 granted, bargained, sold, released and confirmed, and by these pre- 
 sents doth grant, bargain, sell, release and confirm, unto the said 
 J B, his heirs and assigns, all that messuage, &c., together with all 
 and singular the buildings, improvements, ways, woods, waters, 
 water-courses, rights, liberties, privileges, hereditaments and ap- 
 purtenances whatsoever, thereunto belonging, or in any wise apper- 
 taining, and the reversions and remainders, rents, issues and profits 
 thereof. To have and to hold the said messuage, &c. "heredita- 
 ments, and premises hereby granted, or mentioned or intended so 
 to be, with the appurtenances, unto the said J B, his heirs and as- 
 signs, to the only proper use and behoof of the said J B, his heirg 
 and assigns, forever : Provided always, nevertheless, that if the 
 said A S, his heirs, executors or administrators, shall and do well 
 and truly pay, or cause to be paid, unto the said J B, his executors, 
 administrators or assigns, the aforesaid debt or sum of five hun- 
 dred dollars, on the day and time hereinbefore tientioned and ap- 
 pointed for payment thereof, with lawful interest for the same, ac- 
 cording to the condition of the said recited obligation, without any 
 fraud or fwtjier delay, and without any deduction, defalcation or 
 
DEEDS IN PENNSYLVANIA, 171 
 
 abatement to be made of any thing, for or in respect of any taxes, 
 charges or assessments whatsoever, then and from thenceforth, as 
 well this present indenture, and the estate hereby granted, as the 
 said recited obligation, shall cease, determine, and become abso- 
 lutely null and void, to all intents and purposes, any thing herein- 
 before contained to the contrary, in any wise, notwithstanding. ■ 
 
 In witness whereof, the said parties to these presents have here- 
 unto interchangeably set their hands and seals, dated the day and 
 year first above written. A S. [Seal.] 
 
 J B. [Seal.] 
 
 Form of mortgage to secure endorsees in bank. 
 
 This indenture, made, &c. [here insert the parties] : Whereas the 
 said D and E F have endorsed for the said A B a certain pro- 
 missory note for the sum of five hundred dollars, dated the 
 day of last past, and payable months after date, which 
 
 is now discounted at the bank of , in the city of , and 
 
 which said note it is contemplated to renew from time to time ; and 
 the said A B being desirous to secure and save the said C D and 
 E F against all responsibility as endorse/s of the note aforesaid; 
 therefore this indenture witnesseth, that the said A B, as well for 
 and in consideration of securing the said endorsers from the pay- 
 ment of the note aforesaid, as the sum of one dollar to him in hand 
 paid by the said D and E F, at and before the sealing and de- 
 livery hereof, the receipt whereof is hereby acknowledged, hath 
 granted, bargained, sold, released and confirmed, and by these pre- 
 sents doth grant, bargain, release and confirm unto the said D 
 and E F, their heirs and assigns, all that messuage, &c. [here 
 describe the premises and recite the title], together with all and 
 singular the buildings, improvements, ways, woods, waters, water 
 courses, rights, liberties, privileges, hereditaments and' appurte- 
 nances whatsoever thereunto belonging, or in any wise appertain- 
 ing, and the reversions and remainders, rents, issues and profits 
 thereof. To have and to hold the said messuage, &c., heredita- 
 ments and premises hereby granted or mentioned, or intended so 
 to be, with the appurtenance^, unto the said D, his heirs and 
 assigns, to the only proper use and behoof of the said C D, his. 
 heirs and assigns, forever: Provided always, nevertheless, that if 
 
172 PEACTICAL FORMS. 
 
 tte said A B, his heirs, executors or administrators, shall and do 
 well and truly pay or cause to be paid unto the said bank the 
 aforesaid promissory note for dollars, on the day and time 
 
 hereinbefore mentioned and appointed for payment thereof, or by 
 other lawful means, save, keep harmless and indemnified the said 
 D and E F, their heirs, executors and administrators, from the 
 payment of the said note, and all costs, damages or charges as 
 sureties aforesaid, then and from thenceforth, as well this present 
 indenture and the estate hereby granted, as the said recited obliga- 
 tion shall cease, determine, and become absolutely null and void ; 
 any thing herein contained to the contrary notwithstanding. 
 
 In witness whereof, the said parties to these presents have here- 
 unto interchangeably set their hands and seals, dated the day and 
 year first above written. 
 
 [Seal.] 
 
 [Seal.] 
 
 Ehode Island. 
 
 Form of deed of bargain and sale. 
 
 Follow form under title " Alabama, p. 121, ante. There should 
 be two attesting witnesses. 
 
 Form of mortgage deed. 
 
 Follow form under title " Pennsylvania." 
 
 Note. — The twelfth section of the act regulating conveyances of 
 real estate provides as follows : 
 
 Any mortgagee of lands, tenements or other real estate, his heirs, 
 executors, administrators or assigns, having received full satisfac- 
 tion for the money due on such mortgage, shall, at the request of 
 the mortgagor, his heirs, executors, administrators or assigns, and 
 at his or their cost, acknowledge and cause satisfaction and pay- 
 ment to be entered on the margin or face of the record of such 
 mortgage, and shall sign and seal the same ; which shall forever 
 afterwards discharge, defeat and release such mortgage, and per- 
 petually bar all actions to be brought thereupon in any court. If 
 any mortgagee, his heirs, executors, administrators or assigns, shall 
 not, within ten days after a request made in that behalf, and a 
 tender of all reasonable charges, repair to the clerk's office, and 
 there make, sign and seal an acknowledgment as before directed, or 
 
ETC. 173 
 
 otherwise make and execute a release and quit-claim of the estate 
 so mortgaged, and acknowl-edge the same before some proper officer, 
 he or they so refusing shall he liable to make good aill damages 
 that shall accrue for want of such ' discharge or release, to be re- 
 covered by an action of the case, in a court of record ; and in case 
 judgment shall pass against the party sued, he shall pay unto the 
 plaintiff treble costs upon such suit : Provided, nevertheless, that 
 nothing herein contained shall be construed to defeat, invalidate,, 
 annul or render ineffectual any other legal discharge, payment, 
 satisfaction or release of any mortgage. 
 
 South Oaeolina. 
 
 Fmrn of deed of conveyance. 
 
 The State of South Carolina : 
 
 Know all men by these presents, that I, A B, of , in 
 
 the State aforesaid, in consideration of to me paid by D 
 
 of , in. Tihe State aforesaid,- have granted, bargained, sold and 
 
 released, and by these , presents do grant, bargain, sell and release 
 unto the said D all that [here describe the premises], together 
 with all and singular the rights, members, hereditaments and ap- 
 purtenances to the said premises belonging, or in any wise incident 
 or appertaining : to have and to hold all and singular the premises 
 befqre mentioned, unto the said D, his heirs and assigns, forever. 
 And I do hereby bind myself, my heirs, executors and adminis- 
 trators, to warrant and forever defend all and singular the said 
 premises unto the said D, his heirs and assigns, against myself 
 and my heirs, and against every person whomsoever, lawfully 
 claiming or to claim, the same, or any part thereof. 
 
 Witness my hand and seal this day of , in the year of 
 
 our Lord , and in the year of the independence of the 
 
 United States of America. 
 
 [Seal.] 
 
 -ZVofe.T-^This form the statute declares shall, to all intents and 
 purposes-, be valid and effectual to convey from one person to 
 another,, or others, the fee simple of any land or real estate, if the. 
 same shall be executed in the presence of, and be subscribed by two' 
 or more credible witnesses. 
 
 There is also a proviso that the act prescribing this form, shall be ' 
 so construed as not to oblige any person to'itosBrt the clatise of Wat- 
 
174 PBAOTICAL FOBMS. 
 
 ranty, or to restrain tim from inserting any other clause or clauses 
 in conveyances hereafter to be made, as may be deemed proper and 
 advisable by the purchaser and seller, or to invalidate the forms 
 heretofore in use within the State. So. Oar. Stat, at Large, vol. v, 
 pp. 255, 256. 
 
 Tennessee. 
 
 Mr. Thornton, who is a member of the bar in the city of Mem- 
 phis, in this State, states in the last edition of his work on Convey- 
 ancing, that 'the courts of Tennessee have decided that if the con- 
 veyance be by deed, it does not matter in what manner or form it 
 is drawn. See Jackson v. Dillon's lessee, 2 Tenn. 264-5 ; Thomas 
 V. Blackmore, 5 Yerg. 124-26; Taul v. Campbell, 7 lb. 338-9. 
 
 J^orm of deed of bargain and sale. 
 
 Follow form under title " Alabama/' p. 121, ante. The wife, in 
 Tennessee, is only entitled to dower in land of which the husband 
 dies seized. It is not necessary that she should unite in deed to 
 convey a mere dower right. In the use of a conveyance of her 
 own property, she must unite in deed with her husband. 
 
 * 
 Form of a deed of tritst. 
 
 . Follow form under title " Alabama," p. 122, ante. 
 
 Texas. 
 Form of conveyance of fee simple estate. 
 
 The State of Texas: 
 
 Know all men by these presents, that I, A B, of , in 
 
 the State aforesaid, in consideration of , to me paid by C D 
 
 of , in the State aforesaid, have granted, bargained, sold 
 
 and released, and by these presents do grant, bargain, sell and re- 
 lease, unto the said D, all that [here describe the premises], toge- 
 ther with all and singular the rights, members, hereditaments and 
 appurtenances to the said premises belonging, or in any wise inci- 
 dent or appertaining : to have and to hold, all and singular the 
 premises before mentioned, unto the said C D, his heirs and assigns, 
 forever. And I do hereby bind myself, my heirs, executors and 
 adminietrators, to warrant and forever defend, all and singular the 
 
DOWEE. 175 
 
 said premises, unto the said D, his heirs and assigns, against my- 
 self, and my heirs, and against every person whomsoever, lawfully 
 claiming or to claim the skme, or any part thereof. 
 
 Witness my hand and seal this day of , in the year of 
 our Lord , and in the year of the independence of the 
 United States of America. — ■ [Seal.] 
 
 Ifote. — This form, or the same in substance, the statute declares, 
 shall, to all intents and purposes, be valid and effectual to convey 
 from one person to another the fee simple to any land or real es- 
 tate, if the same be executed in the jiresence of and be subscribed 
 by two or more credible witnesses. 
 
 There is also a proviso, that no person shall be obliged to insert 
 the clause of warranty, or be restrained from inserting any clause 
 or clauses in conveyances, hereafter to be made, that may be deemed- 
 proper and advisable by the purchaser and' seller, and other forms, 
 not contravening the laws of the land, shall not be invalidated. 
 
 Vermont. 
 
 Form of deed conveying land. 
 
 Follow form on page 126, ante, under title " Connecticut." 
 
 XVI. 
 
 DOWEE. 
 
 When a widow is entitled to hold during her life one-third part 
 of her husband's real estate for her dower therein, and that third 
 part yields a certain annual sum at the end of the year^ it is often' 
 desirable to a party to ascertain the present value of the dower 
 interest, and extinguish that interest by immediate payment of 
 the value. 2 Kob. Prac. 380. The following table, prepared by 
 Professoi: Wigglesworth, of Cambridge university, adopted by the 
 supreme court of Massachusetts, 10 Mass. Eep. 322, is the one usu- 
 ally followed. 
 
176 
 
 PRACTICAL FORMS. 
 
 Agea. 
 
 Persons 
 
 Dooroment 
 
 Expectation 
 
 Ages.. 
 
 Persons 
 
 Decrement 
 
 Expectation 
 
 
 UTing. 
 
 of Ufe. 
 
 of life. 
 
 
 liTing. 
 
 of life. 
 
 of life. 
 
 
 yrs. dec. 
 
 yrs. dec. 
 
 At birth 
 
 4893 
 
 1264 
 
 2'8.15 
 
 50 
 
 1288 
 
 27 
 
 21.16 
 
 1 
 
 3629 
 
 274 
 
 
 51 
 
 1261 
 
 27 
 
 
 2 
 
 3355 
 
 188 
 
 
 52 
 
 1234 
 
 27 
 
 
 3 
 
 3167 
 
 132 
 
 
 53 
 
 1207 
 
 27 
 
 
 4 
 
 3035 
 
 84 
 
 
 54 
 
 1180 
 
 27 
 
 
 5 
 
 2951 
 
 58 
 
 40.87 
 
 55 
 
 1153 
 
 27 
 
 18.35 
 
 6 
 
 2893 
 
 55 
 
 
 56 
 
 1126 
 
 27 
 
 
 ' 1. 
 
 2838 
 
 47 
 
 ■ 
 
 57 
 
 1099 
 
 27 
 
 
 8 
 
 2791 
 
 40 
 
 
 58 
 
 1072 
 
 27 
 
 
 9 
 
 2751 
 
 36 
 
 
 59 
 
 1045 
 
 27 
 
 
 10 
 
 2715 
 
 28 
 
 — -39.23 , 
 
 60 
 
 1018 
 
 27 
 
 15.43 
 
 11 
 
 2687 
 
 27 
 
 
 61 
 
 991 
 
 27 
 
 
 12 
 
 2660 
 
 ,27 
 
 
 62 
 
 964 
 
 27 
 
 
 13 
 
 2633 
 
 27 
 
 
 63 
 
 937 
 
 27 
 
 
 14 
 
 2606 
 
 27 
 
 
 64 
 
 910 
 
 27 
 
 
 15 
 
 2579 
 
 42 
 
 36.16 
 
 65 
 
 883 
 
 37 
 
 12.43 , 
 
 16 
 
 2537 
 
 43 
 
 
 66 
 
 846" 
 
 37 
 
 
 17 
 
 2494 
 
 43 
 
 
 67 
 
 809 
 
 37 
 
 
 18 
 
 2451 
 
 43 
 
 
 68 
 
 772 
 
 37 
 
 
 19 
 
 2408 
 
 43 
 
 
 69 
 
 735 
 
 37 
 
 
 20 
 
 2365 
 
 43 
 
 34.21 
 
 70 
 
 698 
 
 37 
 
 10.06 
 
 21 
 
 2322 
 
 42 
 
 
 71 
 
 661 
 
 37 
 
 
 22 
 
 2280 
 
 42 
 
 
 72 
 
 624 
 
 37 
 
 
 23 
 
 2238 
 
 42 
 
 
 73 
 
 587 
 
 38 
 
 
 24 
 
 2196 
 
 42 
 
 
 74 
 
 549 
 
 38 
 
 
 25 
 
 2154 
 
 40 
 
 32.32 
 
 • 75 
 
 511 
 
 37 
 
 7.83 
 
 26 
 
 2114 
 
 38 
 
 
 76 
 
 474 
 
 37 
 
 
 27 
 
 2076 
 
 38 
 
 
 77 
 
 437 
 
 37 
 
 
 28 
 
 2038 
 
 38 
 
 
 78 
 
 400 
 
 37 
 
 
 29 
 
 2000 
 
 38 
 
 
 79 
 
 363 
 
 37 
 
 
 80 
 
 1962 
 
 38 
 
 30 24 
 
 80 
 
 326 
 
 35 
 34 
 
 C OE 
 
 31 
 
 1924 
 
 38 
 
 
 81 
 
 291 
 
 
 32 
 
 1886 
 
 38 
 
 
 82 
 
 257 
 
 34 
 
 
 33 
 
 1848 
 
 38 
 
 
 83 
 
 223 
 
 34 
 
 
 34 
 
 1810 
 
 38 
 
 
 84 
 
 189 
 
 34 
 
 
 35 
 
 1772 
 
 35 
 
 28.22 
 
 85 
 
 155 
 
 21 
 
 4.57 
 
 36 
 
 1737 
 
 35 
 
 
 86 
 
 134 
 
 21 
 
 
 37 
 
 1702' 
 
 35 
 
 
 87 
 
 113 
 
 21 
 
 
 38 
 
 1667 
 
 35 
 
 
 88 
 
 92 
 
 20 
 
 
 39 • 
 
 1632 
 
 35 
 
 
 89 
 
 72 
 
 20 
 
 
 40 
 
 1597 
 
 35 
 
 26.04 
 
 90 
 
 52 
 
 8 
 7 
 
 o no 
 
 41 
 
 1562 
 
 35 
 
 
 91 
 
 44 
 
 
 42 
 
 1527 
 
 35 
 
 
 92 
 
 37 
 
 7 
 
 
 43 
 
 1492 
 
 35 
 
 
 93 
 
 30 
 
 1 
 
 
 44 
 
 1457 
 
 34 
 
 
 94 
 
 23 
 
 7 
 
 
 45 
 
 1423 
 
 27 
 
 23.92 
 
 95 
 
 16 
 
 6 
 
 1 62 
 
 46 
 
 1396 
 
 27 
 
 
 98 
 
 10 
 
 5 
 
 
 47 
 
 1369 
 
 27 
 
 
 97 
 
 5 
 
 3 
 
 
 48 
 
 1342 
 
 27 
 
 
 98 
 
 2 
 
 1 
 
 
 49 
 
 1315 
 
 27 
 
 
 99 
 
 1 
 
 1 
 
 
DOWEK. 
 
 177 
 
 Mr. EoHiison, in vol, 2 of Ms Practice, edition of 1835, says': 
 
 " The present value of any yearly sum, payable at a future day, 
 is J30 much, money as, if put at interest, -will, at the period when 
 the yearly sum is payable, make with the interest added thereto 
 the amount of such yearly sum. How nauoh money, with the in- 
 terest thereon to a specified time, will mate at that time a given 
 sum, may read.ily be ascertained by the r.ule of three. Thus if a 
 sum of $240 is payable at the end of one year, and it is desired to 
 know how much money with 6 per cent, interest 'thereoh for one 
 year will make $240, it may be ascertained as follows. $100 with 
 the interest for one year will make |106 ; 'then, as $106 is to $100, 
 so is $240 to the sum required. 
 
 106 : 100 • : 240 
 100 
 
 106)24000(2264^ 
 212 
 
 280 
 212 
 
 esq 
 
 636 
 
 44 
 
 The sum required is found to be $226 A^s. That the result, is 
 correct may be proved by calculating the interest, on $226t*A for 
 one year, and adding the year's interest to the principal. The 
 f226i^ and the year's interest on it will make $240. 
 
 Mr. Hilary Baker, one of the commissioners of the circuit 
 court of Henrico, has taken the case of a person 90 years old, 
 whose expectation ©f life, according to Dr. Wigglesworth's table, 
 is 3 years ^, and has shown the value, in such a case,^f a life 
 estate the' yearly income of which is $240. The following is fur- 
 nished by nun : 
 
 $226.41^%, witli $13.58^^ interest thereon for 1 year, Wakea $240.00 
 
 214.28^, witli 25.71^V " " ' 2 years, " 240.00 
 
 203.38^, with 36.61^^ " " 3 years, " 240.00 
 
 143.16,!|,V. with 32.03^5^ " ," - j^tt year, " , 175.20 
 
 $787.25t'^ plus $107.94^^ , equal to $895.20 
 
 Showing that a' person whose income at the end of each, of three 
 years would be $240, and for -^n of the fourth year would be 
 $175.20, making together $895.20, would be entitled to receive a 
 present sum of $787 26." 
 
178 PRACTICAL FOEMS. 
 
 Judge Allm, in Wilsoiij &ii. v. Davissoh, 2 Eob. Va. Eep. 403, 
 holds this language concerning Wigglesworth's table, and Mr. Ba- 
 ker's nie1;hod of calculati»g the present value of annuitie'S ; 
 
 "In ascertaining the' present worth of the annuity, the court 
 adopted Wigglesworth's table of longevity, found in 2 Robinson's 
 Practice, 381, and the method of ca,lculating the present value of 
 an annuity, which is there said, to have been adopted by Mr. Baker, 
 one of the commissioners of the circuit court of Henrico. That 
 method is manifestly erroneous, as is strikingly exhibited in the 
 present case. The one-third of the surplus is ascertained to be 
 150 dollars 34 cents, and the calculation gives the Widow absolutely 
 122 dollars 2 cents, leaving to the reversioner, if thfere were one, 
 but 28 dollars 32 cents. The error consists in calculating the dis- 
 count at simple interest, instead of compound interest. The true 
 rule, I think, is explained and illustrated very fully in a commu- 
 nication with which I have beeii favored by Judge Smith, who has 
 had occasion to investigate the subject, and has furnished me with 
 an exposition of his views, which will be handed to the reporter, 
 to be published in a note to this case. There may possibly be some 
 inaccuracies in the calculations, but the principle, I think, is the 
 correct one." 
 
 Judge Smith, in the communication referred to by Judge Allen, 
 says : " The results produced by taking Wigglesworth's table as a 
 guide in re&peot to the duration of life, and ealcnlating the dis- 
 count by simple interest, have been so glaringly incorrect, that 
 the table has been often thrown aside under an idea that the 
 error must be 'm that, whereas the error is in the mode of cal- 
 culation." Judge Smith Aow not question the correctness of the 
 table as a guide in cases generally ; but, taking the expectation of 
 life as correct, he considers the true rule to be, to calculate the dis- 
 count bj coinpound interest. He refers to Pike's Arithmetic, 2d 
 edition, enlarged, p. 268, where it is said, 'The p'urchasing annni* 
 ties by simple interest is unjust and absurd, which may be easily 
 made to appear by one instance only : the price of an annuity of 
 £100, to continue 30 years, discounting at six per cent., wUl amount 
 to nearly £2000, the interest of which, for one year only, exceeds 
 the annuity ; 'would it not, therefore, be highly absurd to give a 
 sum. which would yield me nearly £120 yearly, forever, for an an- 
 nuity of £100, to continue only 30 yeats?' He refers also to the 
 American edition of Nicholson's British Encyclopedia, title Annui- 
 ties, where it is said, ' The present value of an antiUity is that sum 
 which, improved at compound interest, will be 'sufficient to pay the 
 armuity ;' and theii 'proceeds asfoUoWs : " This is the correct rule, 
 according to Pike, who, to facilitate calculations, hto made oiit"* 
 fafclS (f). 325), showing the present worth ^'in afinuit^ of £1, jfet 
 
DOWER. 179 
 
 any number of years from 1 to 40, calculating by compound inte- 
 rest. I lia,ve found it very accurate, and will send you berewitfe 
 an extract of so much.' of it as gives the present value, at 6 per 
 cent., only changing the £1 into $1, as being more convenient. You 
 will find it marked A. I may also remark, that I have seen in 
 Jessee's Arithmetic, a tabl^ corresponding precisely with this, and 
 the author gives it as the true rule. 
 
 " I have endeavored to test the correctness of these tables, and 
 the principle upon which they are constructed ; and I think I can 
 give my views best by supposing a case, and sending you the cal- 
 culationg J haye made, for your inspection. Let u^ suppose, the^, 
 tbat a widow, having her life estate ip dower land,, worth annually 
 $60, agrees with the reveirsioner that they will sell put and out, 
 and divide the money by the correct rule ; that the land sells for 
 $ 1000, and i^ is estimated and agreed that her expectation of life 
 shall be put down ait tep years ; then, by a fg,ir division of this 
 money, the owner of the life estate ought. to have what would be 
 equivalent to $ 60 per annum for 10 years, and the reversioner 
 ought to have what would be, in cash, a just equivalent for $ 1000, 
 ten years hence. I have n|.ade a calculation of the value of the 
 life estate, or rather the anni^ity for 10 years," discounting by simple 
 interest; and it appears to be $ 458 -93 A cents, I send it that 
 you may compare it with the others. It is marked B," [The prin- 
 ciple of calculating by compound interest being that' approved by 
 the judges of the cqurt of appeals, it is th-oughit unnecessary to pub- 
 lish the table B.] , 
 
 "I have also made a calculatioij, t|.king |;he discount of com- 
 pound interest, which I contend is the true rule ; and by this the 
 life estate wpuld be of the present value of $ 441 60. You will 
 find this calculation, marked C. 
 
 " If, in dividing the $1000, .the owner of the life estate gets 
 $ 441 60, there wUt b^ left for the reversioner $ 558 40. Let this 
 sum be improved at compound interest, jfor 10 years, to ascertain 
 whether the reversioner will then have his proper sum of $ 1000. 
 It comes out precisely, I send thi^ calprjlation, jjiarked D. 
 
 " Let me try this rule by another, 'test Suppose the owner of 
 the life estate puts out her $441 60, taking bond for it, and stipu- 
 lating that the borrower shall annually pay $ 60, to be credited on 
 the bond : let us calculate when the bond would be discharged by 
 such payments. It will be seen by the calculation I send, marked 
 E, that the bond would be discharged precisely at the end of 10 
 years, and that the owner of the life estate will have received her 
 $ 60 annually for the 10 years. Does it not follow that $ 441 60 ia 
 the true value of the life estate ? 
 
 " But let us suppose for a moment that the expectation of life in 
 the case I have been discussing were put down at 30 years, instead 
 
180 
 
 PRACTICAIi POEMS. 
 
 of 10 years ; then it would be seen by calculation, if made accord- 
 ing to tbe rule of simple interest, tbat of the $ 1000, tliQ amount of 
 the sale, there would Tdo nothing to give to the owner of the rever- 
 as his share. In fact, there would not be quite enough to 
 
 sion 
 
 make up the share of the owner of the life estate. The rule of 
 simple interest must therefore, I humbly conceive, be abandoned." 
 
 [A.J 
 
 A Table showmg the present worth of an annuity o/" $ 1 for any 
 numher of years, from 1 to 40, at 6 per cent., calculating discount 
 iy compound interest. 
 
 Tears. 
 
 Present worth. 
 
 Years. 
 
 Present worth. 
 
 
 $ 
 
 
 ? 
 
 1 
 
 0.94339 
 
 21 
 
 11.76407 
 
 2 
 
 1.83339 
 
 22 
 
 12.04158 
 
 3 
 
 ■ 2.67301 
 
 23 
 
 12.30338 
 
 4 
 
 3.46510 
 
 24 
 
 12.55035 
 
 ? 
 
 4.21236 
 
 25 
 
 12.78335 
 
 6 
 
 4.91732 
 
 26 
 
 13.00316 
 
 7 
 
 5.58238 
 
 27 
 
 13.21053 
 
 8 
 
 6.20979 
 
 28 
 
 13.40616 
 
 9 
 
 6.80169 
 
 29 
 
 13.59072 
 
 10 
 
 7.36008 
 
 30 
 
 13.76483 
 
 11 
 
 7.88687 
 
 31 
 
 13.92908 
 
 12 
 
 8.38384 
 
 32 
 
 14.08398 
 
 13 
 
 8.85268 
 
 33 
 
 14.22917 
 
 14 
 
 ' 9.29498 
 
 34 
 
 14.36613 
 
 15 
 
 9.71225 
 
 35 
 
 14.49533 
 
 16 
 
 10.10589 
 
 36 
 
 14.61722 
 
 17' 
 
 10.47726 
 
 •37 
 
 14.73211 
 
 18 
 
 10.82760 
 
 38 
 
 14.84048 
 
 19 
 
 11.15811 
 
 39 
 
 14.94270 
 
 20 
 
 11.46992 
 
 40 
 
 15.03913 
 
DOWER. 181 
 
 i[C.] 
 
 Calculation to show ihe present value of an annuity of f 60, for 
 10 years, hy discounting at compound i/nierest. 
 
 1st year, $56,604 with 1 year's int , =$60 
 
 2 years' compoimd int = 60 
 
 2d 
 
 " 
 
 53.40 
 
 " 2 
 
 3d 
 
 (( 
 
 60.377 
 
 " 3 
 
 4th 
 
 i( 
 
 47.525 
 
 " .4. 
 
 5th 
 
 (( 
 
 44.835 ■ 
 
 " 5 
 
 6th 
 
 f( 
 
 42.297 
 
 " 6 
 
 7th 
 
 II 
 
 39,903 
 
 " 7 
 
 8th 
 
 It 
 
 37.644 
 
 " 8 
 
 9th 
 
 CI 
 
 35.513 
 
 " 9 
 
 10th 
 
 II 
 
 33.503 
 
 " 10 
 
 60 
 = 60 
 = 60 
 = 60 
 = ^ 60 
 = 60 
 = 60 
 = 60 
 
 $441,601, present value. 
 
 By Table A, an annuity iX $1 for 10 years is $7.36008' 
 
 60 
 
 Multiplied by 60 (the annuity) is equal to $441.60480 
 
 Variance only ^^ of a cent. 
 
 Calculation of $558.40, reversioner's share, improved at compound 
 interest for 10 yea/rs. .. ' 
 
 Sum $558.40 
 
 1st year, add 1 year's int 33.504 
 
 , 691.904 
 
 2d year, add year's int 35.514 
 
 . . 627.418 
 
 3d year, add int 37.645 
 
 665.063 
 
 4th year, add int 39.903 
 
 ■ , 704.966 
 
 5th year, add int ' 42,297 
 
 747.263 
 6th year, add int.. 44.835 
 
 , , ... 792.098 
 
 7th year, add int 47,525 
 
 ,839.62a 
 8th year, add int 50.377 
 
 890.000 , 
 9th year, add int 53.400 ^ 
 
 943.400 ' 
 
 10th year, add int. 56.604 
 
 , $1000.004 
 
182 PRACTICAIi POBMS. 
 
 [K] 
 
 Calculation, supposing $441:60 put to interest, Bond taken, and 
 $60 paid anmnmlly amd credited. 
 
 Aiaouat on hand , , $441.60 
 
 Add 1 year's int „... „ 26.496 
 
 468.096 
 Peduot 1st yeai'a credit,.,.,,,,.., 60 
 
 408.096 
 Add 2d year's int. „ 24.485 
 
 432.581 
 Deduct 2d year's credit 60 
 
 372.581 
 Add 3d year'sint , 22.354 
 
 \ 394.935. 
 
 Deduct 3d year's credit..., , 60 
 
 334.935 
 Add 4tli year's int 20.096 
 
 355.031 
 Peduqt 4th year's credit 60 
 
 295.031 
 Add 5th year'sint 17.701 
 
 312.732 
 Deduct 5th year's credit 60 
 
 252 732 
 Add 6th .year's int 15.163 
 
 267.895 
 Deduct 6th year's credit , 60 
 
 207.895 
 Add 7th year's int 12.473 
 
 220.368 
 Deduct 7th year's credit 60 
 
 160.368 
 Add 8th year'sint 9.622 
 
 169.990 
 Deduct 8th year's credit... 60 
 
 "' '■ ~^ 109.990 
 
 Add 9th year's int 6.599 
 
 116.589 
 Deduct 9th year's credit 60 
 
 66.589 
 Add 10th year's int 3.395 
 
 69.984 
 
 Deduct 10th year's credit 60 
 
 Error in calculation, 1-j^ cent only. ^ 
 
 Caloxtlation of discownt ly compoumd interest may be stqied in 
 the rule vf three, thics : 
 
 l?t year. As 10? : 100 
 2d year. As 106 : 100 
 3d year. As 106 : 100 
 
 .60 .-.56.604 
 56.604 : 53.40 
 53.40 : 60.377 
 
EXOHAiraiis. 183 
 
 XVII. 
 
 !Exchamffe of hnvSs m fee. 
 
 TMs indenttil'e, made and entered into tMs day of , in 
 
 the year , between P H of , rof tlie one part, and J 
 
 of , of tiie other part: Witnessetli, that for and in considera- 
 
 tion of the tmessuage or tenement and premises hereinafter men- 
 tioned, to be granted and conveyed in exchange by the said- J, 
 anto the said P H ; and also, for and in consideration of the sum 
 of dollars, lawful money of the United States, to the said P H 
 
 in iand paid by the said C J, at or before the sealing and delivery 
 of these presents, the receipt whereof he, the saidPH, dothhereby 
 acknowledge, he, the said P H, hath given, granted, bargained, sold, 
 ^iened, exchanged and released, and by these presents doth give, 
 grant, ^bargain, sell, alien,, exchange and release unto the said J, 
 all that lot, piece or parcel of land, situate, lying and being in 
 oounty, and bounded as follows : beginning [here describe 
 the land, and boundaries thereof], together with all and singular 
 the appurtenances thereto belonging, or in any wise appertaining, 
 with the reversion or reversions, remainder or remainders, rents, 
 issues and profits thereof, and of every part and parcel thereof, 
 and all the estate, right, title, interest, property, claim and demand 
 whatsoever, of him, the said P H, of, in, to or out of the said lot, 
 piece or parcel of land. To have and to hold the said lot, piece 
 or parcel of land, with the appurtenances hereby graiited, released 
 and confirmed, or mentioned or intended so to be, unto the said 
 J, his hercSi and 'assigns, forever, in exchange for the messuage or 
 tenement, &c., hereinafter particularly mentioned and described, 
 to be granted and conveyed in exchange by the said J to the 
 said P H. And this indenture witnesseth, that for and in conside- 
 ration of the said lot, piece or parcel of land, with the appurte* 
 nances thereof, being so granted and conveyed unto the said C J, 
 as aforesaid, and also, for and in consideration of the sum of 
 dollaiis, lawful money of the Unitedi States,; to the isaidC J in (hand 
 
184 PRACTICAL rOEMS. 
 
 paid by the said P H, at or before tte sealing and delivery of tbese 
 presents, tbe receipt whereof be, the said J, doth hereby acknow- 
 ledge, he, the said C J, hath given, granted, bargained, sold, aliened, 
 exchanged and released, and by these presents doth give, grant, 
 bargain, sell, alien, ezchange and release, unto the said P H, all 
 that messuage or tenement, situate, lying and being in , and 
 
 all houses, out-houses, barns, stables, buildings, yards, orchards and 
 gardens, and the ground and soil thereof, ways, water-courses, and 
 all the appurtenances thereof, with the reversion or reversions, re- 
 mainder or remainders, rents, issues and profits thereof, and of 
 every part and parcel thereof, and all the estate, right, title, inte- 
 rest, property, claim and demand whatsoever, of him, the said J, 
 of, in, to or out of the said messuage or tenement. To have and to 
 hold the said messuage or tenement, with the appurtenances there- 
 of, as aforesaid, hereby granted, released and confirmed, or men- 
 tioned, or intended so to be, unto the saiid P H^ his heirs and as- 
 signs, forever, in exchange for the said lot, piece or parcel of land, 
 and appurtenances hereiabefore granted and conveyed by the said 
 P H to the said J. And the said P H, for hiiuself, his heirs, ex- 
 ecutors and administrators, doth covenant, promise and agree, to 
 and with the said C J, his heirs and assigns, by these presents, in 
 manner following (that is to say) : that he, the said P H, is law- 
 fully and rightfully seized of the said' lot, piece or parcel of land, 
 by him given, granted and conveyed in exchange to him, the said 
 J, his heirs and assigns, as above mentioned and recited,, of and 
 in a pure, perfect, absolute and indefeasible estate of inheritance, 
 in fee simple, without any condition, contingent, proviso, power of 
 limitation or revocation, or any other restraint, matter or thing 
 whatsoever, to alter, change, charge, determine, lessen, incumber, 
 defeat or make void the same. And the said P H, his heirs, &c., 
 doth covenant and agree to and with the said C J, his heirs and 
 assigns, that he, the said P H, his heirs, &c., the said lot, piece or 
 parcel of land conveyed in exchange, unto the said C J, his Tieirs 
 and assigns, shall and will warrant and forever defend by these 
 presents, against him, the said P H, his heirs or assigns, and against 
 all and every person or persons 'claiming by, through or under him, 
 them, or any of them. And the said J, for himself, his heirs, 
 executors and administrators, doth covenant, promise and agree, to 
 
EXECUTOES, ADMINISTRATORS, ETC. 185 
 
 and witli the said P H, his heirs and assigns, by these presents, in 
 manner following (Ihat is to say) : that he, the said C J, is lawfully 
 and rightfully seized of the said messuage or tenement by him 
 given, granted and conveyed in exchange to him, the said I* H, his 
 heirs and assigns, as above mentioned and recited, of and in a pure, 
 perfect, absolute and indefeasible estate of inheritance in fee sim- 
 ple, without any condition, contingent, proviso, power of limitation 
 or revocation, or any other restraint, matter or thing whatsoever, 
 to alter, change, charge, determine, lessen, incumber, defeat or make 
 void the same. And th-e said C J; his heirs, &c., doth covenant and 
 agree to and,with the said P H, his heirs and assigns, that he, the 
 said J, his heirs, &c., the said messuage or tenement, &c., conveyed 
 in exchange unto the said P H, his heirs and assigns, shall and will 
 ■warrant and forever defend by these presents, against him, the said 
 <j J, his heirs or assigns, and against all and every person or per- 
 sons claiming by, through or under, him, them, or any of them. 
 
 In witness whereof, the parties to the above have hereunto set 
 their hands and seals the day and year in the above indenture of 
 
 exchange mentioned. ■_ [Seal.] ' 
 
 [Seal.] 
 
 XVIII. 
 
 EXECUTOES, ADMmiSTEATOES, AND OTHEE 
 FIDUCIAEIES. 
 
 Accov/nt of executor or administrator. 
 
 In Burwell's ex'ors v. Anderson, adm'r, &c., 3 Leigh, 2)&%^ Tucker, 
 president, said it would be better to adhere to .a particular /ormwfe, ■ 
 that the mode of statement might b'ecome. .•familiar to parties, to 
 counsel, and to the court, who, he remarked, are often perplexed 
 by complicated modes of statement, far more than they would be 
 ' by executing the task of commissioner themselves. He accordingly/ 
 prepared the following, which the commissioners of the courts of 
 chancery in Virginia are required to observe : 
 
 See Tables, pp. 186-7, and Notes, p, 188, 
 24 
 
186 
 Dr. 
 
 PHAOTICAL FORMS. 
 
 Form of executor's 
 The estate of A B, in ac- 
 
 
 
 Priirmpal. 
 
 M'a. 
 
 Dec. 31 
 
 .5,000 00 
 
 
 
 
 
 
 $5,000 00 
 
 
 1821. (1) 
 Deo. 31 
 
 To balance per 'contra.. 
 
 1,000 00 
 
 60 00 
 
 1,940 00 
 
 2,000 oq 
 
 
 
 disbursements tbis year ... 
 
 
 
 
 
 
 
 
 
 $6,000 00 
 
 
 1822. (S) 
 
 2,000 00 
 5,000 00 
 
 
 Deo. 31 
 
 balance due estate 
 
 •120 
 
 
 
 
 
 $7,000 00 
 
 $120 
 
 1823. (2) 
 
 
 2,000 00 
 8,000 00 
 
 
 Dec. 31. 
 
 balance due estate 
 
 420 
 
 
 
 
 
 $10,000 00 
 
 $420 
 
 1824. p) 
 
 
 3,000 00 
 6,000 00 
 
 
 Dec. 31. 
 
 balance due estate 
 
 9iy) 
 
 
 To disbursements '. 
 
 
 
 $9,000 00 
 
 $900 
 
 1825. (3) 
 
 8,680 00 
 800 00 
 
 • 
 
 
 Dec. 31. 
 
 balance due estate (all interest) 
 
 
 
 
 
 
 $9,380 00 
 
 
 1826. 
 
 8,000 00 
 2,000 00 
 
 
 Dec. 31. 
 
 balance 
 
 80O 
 
 
 
 
 1827. {*) 
 
 $10,000 00 
 
 $800 
 
 Dec. 31. 
 
 
 4,000 00 
 
 
 
 
 
 
 $4,000 00 
 
 
 1828. (I) 
 
 1,080 00 
 
 64 80 
 
 10,000 00 
 
 
 Dec. 31. 
 
 
 
 
 balance due estate 
 
 
 
 To disbursements ? ., 
 
 $11,144 80 
 
 
 .1829. 
 
 10,000 00 
 
 
 Doc. 31. 
 
 
 600 
 
 
 To disbursements 
 
 
 
 
 $10,000 00 
 
 $600 
 
 1830. 
 
 600 00 
 100 00 
 
 
 Dec. 31. 
 
 
 
 
 To flL^bursomonts 
 
 
 
 $600 00 
 
 
 IS.')!. 
 
 600 00 
 3,600 00 
 
 
 Dec. :a. 
 
 balance... 
 
 100 
 
 
 
 
 
 j4,000 00 
 
 $100 
 
 
 
 
EXECUTORS, ADMINISTRATORS, ETC. 
 
 account. 
 
 count with C D, his ex'or. 
 
 187 
 
 Ce: 
 
 1820.. 
 Dec. 31. 
 
 1821. 
 Dec. 31. 
 
 1822. 
 DeD. 31, 
 
 1823. 
 Dec. 31. 
 
 1824. 
 Dec. 31, 
 
 1825. 
 Dec. 31 
 
 1826. 
 Dec. 31. 
 
 1827. 
 Dec. 31. 
 
 1828. 
 Dec. 31. 
 
 1829. 
 Dec. 31, 
 
 1831. 
 Dec. 31. 
 
 By receipts this year 
 
 balance due ex'or 
 
 By receipts tlilB year 
 
 By balance per contra ...^ 
 
 interest thereon to date 
 
 receipts 
 
 By balance per contra t '. 
 
 interest on balance of principal 
 
 receipts 
 
 By balance per contra 
 
 interest on balance of principal.... 
 
 receipts , 
 
 By balance per contra 
 
 interest on balance of principal 
 
 receipts l 
 
 balance of interest brought into account of principal to meet 
 the disbursements 
 
 By balance per contra (interest) 
 
 receipts 
 
 By balance per contra 
 
 interest on above balance of principal 
 
 interest brought into account of principal to meet disburse- 
 ments 
 
 balanfiedue ex'or,....'. 
 
 By receipts 
 
 By balance per contra 
 
 interest thereon , 
 
 By balance per contra (all interest) 1 ^ 
 
 brought into column of principal to meet the disbursements. 
 
 By balance (interest) 
 
 receipts 
 
 Balance due the estate 
 
 with interest on the principal sum from December 31, 1831, till 
 paid. « 
 
 FHncipal. 
 
 4,000 00 
 
 . 1,000 00 ■ 
 
 $5,000 00 
 
 6,000 00 
 
 S6,000 00 
 
 2,000 00 
 
 5,000, 00 
 
 $7,000 00 
 
 5,000 00 
 
 5,000 00 
 
 $10,000 00 
 
 8,000 00 
 
 1,000 00 
 
 9,000 00 
 
 6,000 00 
 
 360 00 
 
 2,120 00 
 
 900 00 
 
 $9,380 00 
 
 10,000 00 
 
 $10,000 00 
 
 2,000 00 
 120 00 
 
 800 00 
 1,080 00 
 
 $4,000 00 
 
 11,144 80 
 
 $11,144 80 
 
 10,000 00 
 
 
 $10,000 00 
 
 600 00 
 
 $600 00 
 
 
 4,000 00 
 
 $4,000 00 
 
 $3,600 00 
 
188 PRACTICAL FORMS. 
 
 Notes (referred to on p. 186). 
 
 ' In the years marked (}), the executor being in advance, is nat onTy allowed 
 interest, but that interest is aggregated with the principal ; for when he is in 
 advance to the estate, he is to be treated as a common creditor. 
 
 2 In the years marked (2), a balance being due to the estate, the interest on 
 that balance for the year is calculated, but kept in a separate eolunm ; and all 
 the disbursements are exclusively applied to sink the principal. 
 
 ' In the year marked ('), the disbursements exceeding the receipts of the 
 current year, together with the balance of principal of former years, the inte- 
 rest on that balance is aggregated with the principal, in order to set off against 
 the disbursements ; and that aggregate being still insufficient to meet the dis- 
 bursements, the interest of former years is brought into the aggregate, and set 
 against the disburseinents. A balance then appears due the estate of $ 800 ; 
 but this being all interest, is, in the account of the succeeding year, carried 
 back again into the interest column, on the credit side of the account. 
 
 * In the year marked (*), the disbursements discharge the whole of the prin- 
 cipal and interest in arrear, and give a balance due tO' the executor, on which 
 he is allowed interest in the next year. 
 
 Account of trustee. 
 
 The accounts of trustees, in ordinary eases, when the items are 
 few, and the fund easily distributable, should be settled strictly on 
 the principles of Debtor and Creditor. The following, example 
 will illustrate this mode of settlement: i 
 
 E R, yrwstee — In accownt with tM trust fund under deed from J Br dloMed day of , Cfe- 
 
 1866. 
 January 1 — To amount proceadB of sale under trust deed* „}„„ $5,000 OO 
 
 1868. 
 January 1 — To interest thereon, two years, at 6 per centum per annum - ....... 600 00* 
 
 $5,600 00 
 January 1 — ^By amount paid J M, one of the creditors, secured by deed .tt 2,600 00 
 
 Or. 
 
 1868. 
 
 ,„„o 3>000 00- 
 
 1868. ' 
 
 October I--T0 interest on $3,000, from Januaiy lat, 1868, to date, 9 months 136 00 
 
 3,135 00 
 October 1 — By cash paid A 0, one of the creditors, secured by deed 25 00" 
 
 Cb. 
 1868. 
 
 1869. • ^'ll"""^ 
 
 Januairy 1— To interest on $3,000 [not $3,110] from October 1st, 1868, to date, 3 months,- 46 65 
 
 8,156 65 
 January 1— By cash paid George G, amount of his debt, secured by said deed 3,156 65 
 
 Or. 
 
 1869. 
 
 •If trustee settles his account in time prescribed by law, he should be credited byhiscom- 
 i^isBlons. . ,*..,. 
 
EXECUTORS, ADMINISTEATOES, 40. 189 
 
 In the example just given, J M, A 0, and George G are paid 
 their debts in full ; and there is no balance in the hands of the 
 trustee. No commission is allowed him because he has failed to 
 settle his accounts in time. See Code Virginia, ch. 132, sec. 8. Of 
 course,^ when the accounts are settled in the time directed by the 
 statute, the commissions must be placed to his credit. Trustees,, 
 in an ordinary deed of trust made to secure the payment of debts, 
 or for the indemnity of securities, are allowed 5 per cent, commis- 
 sion on the first three hundred dollars, and 2 per cent, on the resi- 
 duum. Code Virginia, ch. 117, sec. 6. In other cases, the amount 
 of commissions allowed is a matter of reasonable discretion. 
 Usually five per cent, commissions are given; sometimes more, 
 when the trust is of difficult execution, or jikre is much labor 
 attending it. 
 
 It depends much upon the character of the trust, whether the 
 mode of settlement above indicated should be adopted, or one of 
 greater leniency to the trustee, or whether he should be held to 
 even a stricter rule. In Millers. Beverly's, 4 Hen. and Mun. 417, 
 Chancellor Taylor said, "that a trustee was liable to pay interest 
 upon the trust money in his hands, unless he can show that it was 
 necessarily kept in hand for the purposes of the trust, and this he 
 may do upon oath, subject to be controlled by other testimony and 
 the circumstances of the case." In that case, the interest was 
 charged from the time the money was received. The chancellor, 
 however, relied somewhat on the fact, that Miller, the trustee, was 
 a merchant, and the moment he received the money, had it; or 
 might have had it, in acti,ve use. 
 
 The mode of computation adopted in Eaphaelv. £oehm,llYes. 
 82, 13 Ves. 407, which was the case of an executor, (who was held 
 to be a trustee), was extremely rigid. There were half yearly rests, 
 and the interest was compounded with the principal. This goes' 
 farther than the supreme court of appeals of Virginia went in 
 Garrett, ex' or, v. Carr and ux.,1 Eob. Eep. 209, in which the execu- 
 tor was charged as a guardian; for, in the latter case, the rests were 
 annual, not half yearly. 
 
 The following formula is prepared to meet a case in which the 
 trustee has many transactions, and the fund is not easily distribu- 
 table; a case in which the ordinary methud adopted in the settle- 
 naent of Debtor and Creditor accounts would be cumbrous, and 
 the strict and rigid enforcement of the principles, applicable to 
 Debtor and Creditor, would operate hardly upon the trustee. 
 
190 
 
 PRACTICAL FORMS. 
 
 De. 
 
 Form of trustee's 
 John P, {or, the trust fimd under, <£c.,) in ac- 
 
 1866. 
 June 30— 
 
 1867. 
 June 30 — 
 
 1868. 
 June 30 — 
 
 1868. 
 Juno 30 — 
 
 1869. 
 June 30— 
 
 1870. 
 June 30— 
 
 1871. 
 June 30— 
 
 To disbursemontB this year 
 
 To commiSBion on receipts 
 
 To balance per contra 
 
 f 
 
 To diBbursemenrs this year 
 
 To commisEioDB on receipts , 
 
 To balance per contra...,. 
 
 To disbureements this year 
 
 To conunission on receipts 
 
 To balance <^ ; 
 
 To disbursements this year 
 
 To interest on balance brought into principal column, as an 
 
 offset to receipts ; 
 
 To commission on receipts 
 
 To balance per contra 
 
 To disbursements this year 
 
 To commiBsion on receipts ^ 
 
 To balance per contra.. 
 
 To disbursements this year 
 
 To amount of interest flfcrought into principal column on 
 credit side of account 
 
 Principal. 
 
 Interest. 
 
 100 00 
 60 00 
 840 00 
 
 • 
 
 Jl.OOO 00 
 
 
 lOO 00 
 
 1 00 
 809 40 
 
 
 $910 40 
 
 
 1,000 00 
 SO 
 
 
 $1,000 60 
 
 
 132 64 
 
 300 00 
 
 7 96 
 
 75 00 
 
 984 61 
 
 
 $1,600 00 
 
 
 $ 
 
 260 00 
 
 6,981 61 
 
 3107 
 
 ,984 61 $284 07 
 
 $6,377 66 
 
 $6,377 66 
 
 34 07 
 
 :$34 07 
 
EXECTJTOES, ADMnSTISTEATOES, 40. 
 
 191 
 
 account. 
 
 count with Eobebt R, trvMee (or agent). 
 
 Ce. 
 
 1866. 
 June 30— 
 
 1866. 
 June 30— 
 
 1867. 
 June 30— 
 June 30— 
 
 1867. 
 June 30— 
 
 1868. 
 June SO— 
 June 30— 
 June 30^ 
 
 June 30— 
 
 1869. 
 June 30 — 
 July 1— 
 
 1870. 
 June 30— 
 June 30^ 
 
 , 1870. 
 June 30 — 
 
 1871. 
 June 30— 
 
 By receipts this year 
 
 By balance to debit 
 
 By interest on do. one year. 
 By receipts this year 
 
 • 
 By balance to debit 
 
 By interest on do. one year. 
 
 By receipts this year. 
 
 By balance.......'. '.. 
 
 By receipt this year 
 
 By balance to debit 
 
 By amount received from H*. H 
 
 By interest on balance $9S4 51, one year 
 
 Hy interest on money received from H. H., from the Ist day 
 of .October, 1869, (allowing the truscee three months to 
 invest it), to date, 
 
 By balance to debit : 
 
 By amount of int*e8t brought into principal column, to 
 meet disbursements 
 
 By interest on ?5,984 51, one year, brought into principal 
 column....' ......-.....: 
 
 PrinCtpal. 
 
 1,000 00 
 
 $1,000 00 
 
 $840 00> 
 
 60 40 
 20 00 
 
 $910 40 
 
 $809 40 
 
 48 66 
 10 00 
 132 64 
 
 $1,000 60 
 
 $1,500 00 
 
 $1,500 00 
 
 984. 51 
 5,000 00 
 
 $5,984 51 
 
 $6,984 51 
 34 07 
 
 359 07 
 
 $6,377 65 
 
 69 07 
 225 00 
 
 $284 07 
 
 $34 07 
 
 1 A reasonable time for investment is the rule. What is a reasonable timo will depend upon 
 the circumstances of each case. In Sioopei; t£c. v. Royster, (£c., 1 Munf. 119, iix months were 
 allowed a guardian to invest. 
 
192 
 
 PEACTICAL FORMS. 
 
 Account df guardian. 
 
 The principles announced in Garrett, ex'or, v. Carr and ux, 1 
 Eob. Eep. 209, govern tte settlement of guardians' accounts. The 
 following formula is drawn in conformity with those princi- 
 ples: 
 
 Db. 
 
 Form for the settlement of an account 
 A B, in accovM 
 
 1861. 
 
 Juno 30 — 
 
 30— 
 
 30— 
 
 30— 
 
 1862. 
 June 30— 
 
 (2) SO- 
 SO— 
 
 1863. 
 June 30— 
 
 (2) SO- 
 SO— 
 
 1861. 
 Juno SO- 
 
 SO- 
 SO— 
 
 1866. 
 Juno 30— 
 
 (2) SO- 
 SO- 
 
 1866. 
 Juno 30— 
 
 (3) SO- 
 SO— 
 
 To diBbursements this yoar 
 
 To commission on profits 
 
 Tocommiasion on principal (}) 
 
 To balance por contra ?..... 
 
 To disbuTSoments this year. , 
 
 To commission on profits (inclusiro of interost). 
 To balance per contra 
 
 To disbursements this year 
 
 To commission on profits (inclusive of interest).., 
 To balance per contra 
 
 To disbursements this year ^ 
 
 To commission on profits ., 
 
 To balance per contra 
 
 To disbursements this year 
 
 To con^mission on profits (inclusive of interest).. 
 To balance per contra ^ 
 
 To disbursements this year 
 
 To commission on profits (inclusive of interest)... 
 To balance per contra, (principal) 
 
 Profits. 
 
 Principal. 
 
 104 60 
 6 60 
 
 
 
 960 00 
 
 
 
 $110 00 
 
 $1,000 00 
 
 50 00 
 
 7 85 
 99 15 
 
 960 00 
 
 $167 00 
 
 $950 00 
 
 100 00 
 
 28 14 
 434 80 
 
 1,049 15 
 
 $662 94 
 
 $1,049 15 
 
 475 00 
 26 00 
 
 1,483 95 
 
 
 $600 00 
 
 $1,483 95 
 
 500 00 
 
 80 00 
 70 00 
 
 1,483 95 
 
 $600 00 
 
 $1,483 96 
 
 477 70 
 
 22 30 
 1,600 00 
 
 
 $2,000 00 
 
 
EXECUTORS, administrator:;, <4C. 
 
 193 
 
 of a^guardian or of a person acting as guardian, 
 with GD, his guardian, 
 
 Oe. 
 
 1851. 
 June 30— 
 June 30t- 
 
 1851. 
 June 30— 
 
 1852. 
 June 30— 
 June 30— 
 
 1862. 
 June 30- 
 
 1863. 
 June 30— 
 June 30— 
 
 1853. 
 June 30 — 
 
 1854. 
 June 30 — 
 
 1854. 
 June 30— 
 
 1855. 
 June 30— 
 June 30— 
 
 1855. 
 June 30— 
 
 1856. 
 June 30— 
 June 30— 
 
 By receipts thiayear, (prineipal).. 
 
 By receipts this year, (profits) ..'. 
 
 By balance due per debit, in principal 
 
 By interest on ditto to date 
 
 By receipts this year, (profits) 
 
 By balance due per debit, (profits and principal) (8), ,.,. 
 
 By interest on ditto to date 
 
 By receipts this year, (profits) 
 
 By balance due per debit, (profits and principal) (3) 
 
 By receipts this year, (profits, exclusive of interest on 
 balance of last year, which was loaned out by guardian, 
 and no interest received) (*) \ 
 
 By balance due per debit, (principal) 
 
 By interest on ditto, from June 30, 1853, to date 
 
 By receipts this year, (profits) ; 
 
 By balance due per debit, (profits &iid principal), brought 
 into account of profits to meet disbursements (G) 
 
 By interest on .ditto to date , ; 
 
 By receipts this year, (profits) '. 
 
 Profits. 
 
 Principal. 
 
 
 1,000 00 
 
 110 00 
 
 $110 00 
 
 $1,000 00 
 
 - 
 
 
 67 00 
 100 00 
 
 
 $157 00 
 
 $950 00 
 
 
 1,049 15 
 
 62 94 
 500 00 
 
 $562 94 
 
 $1,049 15 
 
 
 1,483 0! 
 
 600 00 
 
 $500 00 
 
 $1,483 95 
 
 
 1,483 95 
 
 178 07 
 421 93 
 
 $600 00 
 
 $1,483 95 
 
 1,653 95 
 
 93 23 
 352 82 
 
 
 $2,000 00 
 
 
 25 
 
194 
 
 De. 
 
 PRACTICAL FORMS. 
 
 A B, m aecotmt 
 
 1867. 
 June 30— 
 
 (2) 30— 
 June 30— 
 
 To diBbursements this year 
 
 To commission on profits (inclusive of interest). 
 To balance per contra ; 
 
 475 00 
 25 00 
 
 $600 GO 
 
 1,600 00 
 
 $1,500 00 
 
 Act of 1856 concerning guardians. 
 
 The following important statute, first enacted in Sess. Acts '55-6, 
 p. 36, and repeated in the Code of 1860, ch. 128, §§ 11, 12, p. 589, 
 deserves special notice : 
 
 "Hereafter any person acting as guardian shall have the right to 
 demand and recover of all obligors in bonds, payable to him as 
 guardian and held by him for the benefit of his ward, not only 
 the principal sum due with interest thereon after the rate now 
 prescribed by law, but also, when the interest on the principal sum 
 is not paid punctually at the end of each year, to demand and re- 
 cover interest upon the interest so due and unpaid. 
 
 "Whenever a guardian shall collect any princij>al or interest be- 
 longing to his ■ ward, he shall have thirty days to invest or loan the 
 same, and shall not be charged with interest thereon until the 
 expiration of said time, unless he shall have made the investment 
 ;preyious thereto ; in which case, he shall be charged with interest 
 from the time the investment or loan is made." 
 
 It surely was lipt the design of this statute to require guardians 
 to pay interest on "profits" (though they exist in the shape of in- 
 jterest) where they are needed to meet current disbursements. 
 
EXECDTORS, ADMINISTRATORS, AC. 
 
 wiihG D, his guardian — {Ckmtinued^ 
 
 195 
 
 Cr. 
 
 1856. 
 June 30— 
 
 1857. 
 Juno 30— 
 
 1857. («) 
 Juno 30— 
 
 By balance per debit, (principal) 
 
 By interest on ditto to date... 
 
 By receipts this year, (profits).... 
 
 To balance per debit due ward, who has attained legal age. 
 To interest on ditto to 30tb June, 1858 
 
 Cr. 
 By cash then paid by guardian 
 
 De. 
 To interest on balance to 1st January, 1859 
 
 Cr. 
 
 By cash then paid by guardian ~ 
 
 Balance due ward 1st January, 1859, 
 
 
 1,600 00 
 
 90 00 
 410 00 
 
 $500 00 
 
 tl,600 00 
 
 Profits. 
 
 Principal. 
 
 
 1,600 00 
 00 00 
 
 
 
 
 1,590 00 
 690, 00 
 
 
 
 1,000 00 
 30 00 
 
 
 
 1,030 00 
 630 00 
 
 
 
 
 S500 00 
 
 
 
 NOTES. 
 
 1 The commission on the principal is charged to the pt-incipal, and the commisBion on the 
 profits is charged to thej>ro^fa. The commission for receiving or collecting any particular fund 
 should be charged to the fund so received or collected, and to no other. In this case, however, 
 if the commission for receiving the principal had been charged to the profits, the result would 
 have been the same. 
 
 2 The guardian is allowed commission on the interest upon the balance for the previous year, 
 as well as upon other profits, although the balance was retained in his hands. If the balance 
 had been invested or loaned out, the guardian would have been entitled to commission on the 
 interest whpn received, and as the guardian is chargeable with compound interest, when the dis- 
 bursemeiits for any particular year are less than profits (inclusive of interest) credited for that 
 year, there seems to be no good reason why he should not be allowed such commission, although 
 the balance upon which the interest accrued remained in the guardian's hands, ^d vide, 0. V. 
 i:h. 132, § 18, which authorizes such a commission, if the commissioner should think proper to 
 allow it. ' 
 
 3 The surplus of profits, carrying ii^terest aa well as the principal, is here aggregated with 
 the principal, and the amount extended in the principal column. See Garrett, exo'r, v. Gartj 
 1 Rob. 196. 
 
 ■4 When the money is loaned out or invested,, the guardian is chargeable with only so much 
 interest as he may have received. If he has received none, then none is credited. Ibid. 
 
 & Here, the aggregate amount of profits and principal is brought into the colimin of profits 
 to meet the disbursements, which exceed the profits. See C. V. cki 127, § 8, 9. 
 
 6 The ward having attained legal age, the account between him and his guardian, for the rest 
 of the period, is settled upon the ordinary principles that govern the settlement of accounts 
 between debtor and creditor. 1 Sob. 196, 4 Gratt.4^ 
 
196 PKACTICAL FOKMS. 
 
 XIX. 
 NOTAEIES, 
 
 Notaries are auttorized by the laws of Virginia to take deposi- 
 tions, affidavits, &o. They may also note and extend protests of 
 negotiable notes, bills of exchange, and the like. They are' also 
 authorized to take depositions, under the act of congress of the 
 United States. 
 
 The Code of Virginia, imposes a tax on the seal of the notary, 
 when annexed to any paper, except when affixed to a paper or docu- 
 ment to be used in obtaining the benefit of a pension, revolutionary 
 claim, money due on account of military services, or land bounty 
 under an act of congress, or under a law of any State of the Union, 
 or when a seal is annexed by a notary public to an affidavit or depo- 
 'sition.- See Code, ch. 39, §§ 13, 15. 
 
 Notaries are required to make out an account of all taxes re- 
 ceived by them on or after the first day of September in one year, 
 and before the first day of September in the next year, and return 
 it to the first auditor, on ' or before the fifteenth day of December 
 following, to the correctness of which account the notaries are re- 
 quired to make oath, and the amount appearing due thereby they 
 are required to pay into the treasury on or before the fifteenth De- 
 cember following, deducting therefrom a commission of five per 
 centum for receiving and paying the same. 
 
 Form of protest of negotiable note. 
 
 Virginia — City of Eichmond, to wit : 
 
 Know all men by these presents, that I, L N, a notary public 
 in and for the city aforesaid, duly commissioned and qualified, at 
 the request of "the cashier of the Bank of Virginia, on the day 
 of , in the year of our Lord 18 , presented the original note, 
 
 of which the above is a copy, at the Bank of Virginia, where the 
 same is payable, and demanded payment thereof (the period limited 
 having expired), which was refused : 
 
 ' "Wherefore, I, the said notary, do hereby protest the said note, 
 as well against the maker as against the endorser, and all others 
 whom it doth or .may concern, for all loss, damages, principal, inte- 
 rest, costs, and charges sustained, or to be sustained, by reason of 
 the non-payment and protest aforesaid. And I thereupon ad- 
 dressed written notices to the said endorser , directed to 
 
KOTAKIBS. 197 
 
 tliat being Hs (or their) post-office, informing- of the- demand, 
 
 non-payment, protest and dishonor of said note, and that the hold- 
 ers looked to for payment thereof. 
 
 In testimony of all which, I have hereunto subscribed my name 
 and affixed my notarial seal, at the city of Richmond aforesaid, the 
 
 day and year aforesaid. ' N. P. 
 
 Notarial charges, f ; • 
 
 Notice to endorsers of non-paymevi of negotiaMe note. 
 
 EiCHMOND, Va., .August 26, 1851. 
 To : 
 
 Take notice, that E M E's note for $ , dated the 23d day 
 of June, 1851, and payable two months after date, to the order of 
 H L, at the Bank of Virginia, and endorsed by you, being due and 
 Unpaid, the same was this day presented by me at said bank, and 
 payment thereof then and there demanded, which was refused : 
 whereupon, the said note was dishonored, and duly protested by 
 me for non-payment, and the holders look to you for payment as 
 endorser thereof, for principal, interest, damages, costs and charges. 
 Done at the request of the cashier of the Bank of Virginia. 
 
 L N, Notary Public. 
 
 Sometimes the endorser waives the necessity of _ demand, protest, 
 and notice of non-payment. The following is the form : 
 
 •'i-'i/iiv-- ■• Waiver of demand, protest, c&c. 
 
 I agree to waive demand, protest, and notice of non-payment on 
 a note drawn by H E, and endorsed by me, for the sum of % , 
 dated the day of , and due on the 27-30th days of No- 
 
 vember, at the Bank of Virginia, and hereby hold myself as legally 
 and as effectually bound for the same,, as if the said note had been 
 regularly protested, and the notice given. ^: 
 
 Witness my hand this 30th day of November, 1851. 
 
 E JL. 
 
 Form of protest of hill of exchange. 
 
 Virginia — City of Eichmond, to wit: 
 
 Know all men by these presents, that I, L N, a notary public 
 in and for the city aforesaid, duly commissioned and qualified, at 
 
198 PRACTICAL FORMS. 
 
 the request of tte casHer of tlie Bank of Virginia, on tlie day 
 of , in the year of our Lord 18 , presented the original bill, 
 
 of which the above is a copy, and demanded payment thereof 
 (the period limited having expired), which was refused : 
 
 "Wherefore I, the said notary, do hereby protest the said bill, as 
 well against the said drawer and endorser as against the said , 
 and all others whom it doth or may concern, for all loss, damages, 
 principal, interest, costs and charges, sustained, or to be sustained, 
 by reason of the non-paymeut and protest aforesaid. And I there- 
 upon on the same day addressed written notices to the drawer and 
 endorser of the said bill, and directed the said notices to the said 
 , a;t , and to the said , at , those being 
 
 their respective post-oifices, informing them of the demand, non- 
 payment, protest and dishonor thereof, and that the holders looked 
 to them for its payment, and deposited the said notices in the post- 
 office in this city. 
 
 In testimony of all which, I have hereunto subscribed my name 
 and affixed my notarial seal, at the city of Eichmond aforesaid, the 
 day and year aforesaid. L N, iV. P. 
 
 Notarial charges, f 
 
 Ihrm of marine protest. 
 
 United States of America : 
 
 State of Virginia — County of Henrico ; 
 
 By this public instrument of protest, be it known and 
 made manifest to all whom these presents shall or may concern, 
 that on the day of , , in the year of our Lord one thousand 
 eight hundred and forty , before me, WMF, notary public, in 
 and for said county, duly commissioned and sworn, dwelling in the 
 city of Eichmond, personally came and appeared , master of 
 
 the called the , belonging to the port of , of the 
 
 burthen of tons, or thereabout, who, having duly noted a 
 
 protest within twenty-four hours after his arrival at , 
 
 now wishes to extend the same, and for that purpose has brought 
 with him , mate, and , mariner, of said , who, 
 
 being by me duly swgrn according to law, do severally declare, and 
 say of their own free will and accord, that they, the said master, 
 mate and mariner sailed from the port of , on board of said 
 
 , she being laden with , on the day of [here 
 
NOTARIES. 199 
 
 proceed to state tlie circumstances attending the loss of, or damage 
 to, the vessel or its cargo]. 
 
 And the said appearers did further severally declare, that the 
 said , at the time of her departure from aforesaid, upon 
 
 the said intended voyage, 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 said appearers and ship's company used their ut- 
 most endeavors to preserve the said , and the goods of her 
 loading, from damage. 
 
 And therefore the said did declare to protest, as by these 
 
 presents he doth solemnly protest against all and every person or 
 persons whom it shall or may concern ; and doth declare that all 
 damages, losses and detriments, that have happened to the said 
 , 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 occurred as is before mentioned, and not by or through the 
 insufficiency of the said , or neglect of said first appearer, his 
 
 officers, or any of his mariners. 
 
 All which matters and things were declared, alleged and affirmed, 
 as is before set forth, in the presence of me, the said notary ; and, 
 therefore, I have hereunto, subscribed my name, and affixed my no- 
 tarial seal, being requested to testify and certify the premises. 
 
 Thus done and protested, at Eichmond aforesaid, the day and 
 year first above written. W M F, iV. P. 
 
 Certificate to copy. 
 
 State of Virginia — County of Henrico, ss : 
 
 I, W M F, notary public in and for said county, duly com- 
 missioned and sworn, dwelling in the city of Eichmond, do hereby 
 certify the foregoing as a true and correct copy of the original pro- 
 test of , , master, of the record in my office. 
 
 Witness my hand and notarial seal this day of , in the: 
 
 year of our Lord one thousand eight hundred and fifty 
 
 w M F, iv: P. 
 
200 PRACTICAL FORMS. 
 
 Notice to talee depositions. 
 
 Code of Virginia, cL. 176, § 28, enacts, that " In any pending 
 case the deposition of a witness, whether a party to the suit or not, 
 may, without any commission, he taken in this State by a justice or 
 notary public, or by a commissioner, and, if certified under his 
 hand, may be received without proof of the signature to such 
 certificate." 
 
 By the 30th section of same chapter it is enacted, " that reason- 
 able notice shall be given to the adverse party of the time and 
 place of taking every deposition." In case the party be not a 
 resident of "Virginia, notice may be served on his counsel. 
 
 To D and E S : 
 
 Take notice, thai we shall, on the day of ,' at the 
 
 office of S and S, in the city of Eichmond, between the hours of 
 6 A. M. and 6 P. M. of that day, proceed to take the depositions of 
 E G and others, to be read as evidence in our behalf in a certain 
 action at law (or suit in equity) depending in the circuit court for 
 the county of Henrico, wherein you are plaintiffs and we are de- 
 fendants ; and if, from any cause, the taking of the said deposi- 
 tions be not commenced on that day, or, if commenced, be not con-' 
 eluded on that day, the taking of the same will be adjourned and 
 continued from day to day, or from time to time, at the same place 
 and between the same hours until the same shall be completed. 
 Eespectfully, yours, A B. 
 
 D L. 
 
 Caption of depositions, depositions, adjournyneht, attestation, do. 
 
 The depositions of E G and others, taken before me, A H S, a 
 notary public (or justice of the peace) for the city of Eichmond, 
 pursuant to notice hereto annexed, at the office of S & S, in the 
 city, of Eichmond, on the day of , between the hours of 
 
 6AM and 6 P M, to be read as evidence on behalf of A B and 
 D L, in a certain action at law (or suit in equity) depending in the 
 
 ^ "Where parties live within a convenient distance, five days' no- 
 tice is usually given. In other cases, ten or fifteen days' notice 
 will not be too much. 
 
NOTARIES. 201 
 
 circuit court for the county of Henrico, wherein CD and R S are 
 plaintiffs, and tte said A B and D L are defendants. 
 
 Present : A M, attorney (or counsel) for plaintiffs. 
 J P, attorney (or counsel) for defendants. 
 
 R G, being duly sworn on the Holy Evangelists of Almighty 
 God, deposeth and saith as follows : 
 
 1st question by J P, attorney (or counsel) for defendants. What 
 is your age ? 
 
 Answer. . 
 
 2d question by same. Do you know the parties to this suit ? 
 
 Answer. . 
 
 [Continue the questions until conclusion of examination in chief 
 as above, and in every instance, write the answers of witness, 
 using his words.] 
 
 Cross-examined. 
 
 1st question by A M, attorney (or counsel) for plaintiff's. ["Write 
 questions and answers as before.] 
 
 Re-examined. 
 
 3d question by J P, attorney (or counsel) for defendants. Are 
 you, &c. &c. 
 
 Answer. I am, &c. &c. 
 
 And further this deponent saith not. R G. 
 
 No other witness appearing, the further taking of these deposi- 
 tions is continued until to-morrow, at the same place and between 
 the same hours, A H S, H. P. 
 
 Office of S & S, in the City of Richmond : 
 
 day of 18 . 
 
 Present : A M, attorney (or counsel) for plaintiffs. 
 ' J P, attorney (or .counsel) for defendants. 
 K M, being duly sworn on the Holy Evangelists of Almighty 
 God, deposeth and saith as follows : - , 
 
 1st question by attorney (or counsel) for defendants. [Write 
 down questions and answers as in deposition of R G.j 
 , And further this deponent saith not, K M. 
 
 26 
 
203 PRACTieAl I'ORMS. 
 
 state of Virglniiir-^City of Eichmond, to -wit J 
 
 I, A H S, a hbtafy publifi (or justice of the peafie) for tte 
 city aforesaid, in the said State, do hereby certify, that the fore- 
 going depositions were duly taken, sworn to and subscribed before 
 me, at the times and place mentioned therein. 
 Given under my hand this day of 18 } 
 
 A H S, iV. P. 
 
 To compel the attendance of witnesses before notaries and others 
 who may lawfully require their attendance, the 20th section of 
 chapter -176 of Code of Virginia provides that a summons may be 
 issued directing the witness to attend. If the witness fail to at- 
 tend, the court of the county or corporation in which the attend- 
 ance is desired, on a special report thereof by the person before 
 whom therie was the failure to attend, and on proof that there was 
 paid to the witness (if it was required), a reasonable time before 
 he was required to attend, the allowance for one day's attendance 
 and his mileage ^.nd tolls, shall, after service to, or rule upon the 
 witness to show cause against it (if iiO sufficient cause be shown 
 against it), fine him not exceeding twenty dollars, to the use of the 
 party for whom he was summoned, and may proceed by attachment 
 te 6ompel him to attend and. give his evidence, at such time and 
 place as the court may deem fit. 
 
 In case the witness attends, and yet refuses to be sworn or to 
 give evidence or to produce any writing or document required, he 
 may, by order of the person before whom he was summoned to at- 
 tend, be committed to jail, there to remain until he shall, in cus- 
 tody of the jailor, give such evidence or produce such writing- or 
 document. See § 23, ch. 176, Code of Virginia. 
 
 the following are forms of the sumttions of the witness, and of 
 the teport of his non-attendance, should he fail or refuse to attends 
 
 Form of sunvfhxms requiring aiiendimde of witness. 
 
 The Commonwealth of Virginia, 
 
 To the Sheriff I of the City of Eichmond, greating^ 
 
 We command you that yoti summon E G, L M and N 0, to ap- 
 pear at the office of S and S, in the city of Eichm^ond, on the 
 day of , before A H S, a notary public for the said city, duly 
 
 'It has been the practice in Virginia, "When cleptositions are taien 
 by notaries, for the notaries to annei their seal. This is Bot re- 
 quired 'by the statute above cited. A certificate under •&« -hand of 
 tae notary is sufficient. 
 
NOTICES, 303 
 
 copimiBsioned and qualified (o?? a justice of the peace for said, cityj, 
 to testify and the truth to speak on behalf of A B and D L, in a 
 matter of controversy pending in the circuit court for the county 
 of Henrico, between D and R S, plai?itiifs, and the said A B and 
 D L, defendants. And have then there this writ. > 
 
 Given under my hand this day of , 18 . 
 
 A H S, i^ P. 
 
 M^ort of ndn-dttendance of witness. 
 
 To the Court for the City of Richmond ■} 
 
 "N 0, who was duly summoned to appear before me, A H S, 
 a notary public (or justice of the peace) fpr the city aforesaid, on 
 the daj of , at the office of S jp.d S, in said city, to testify 
 
 and the truth to say on behalf of A B and D L, in a matter of con- 
 troversy pending in the circuit court for the county of Henrico, 
 between G D and R 3, plaintiffs, and ft? said A P arid I) L, defen- 
 dants, has failed to attend at the time and place required, and I 
 am requested to report the fact to this court, that proper means 
 may b§ used to compel the attendance of the said witness. 
 Respectfully reported, 
 
 A H s, iv: ^. 
 
 * Statute requires report to fee made to " a court of the county or 
 eorporatiqsi in which the aAtend^ince is .desired." Is it intended to 
 restrict it to the county or corporation court, or may it be made to 
 the circuit court likevsrise ? 
 
 XX. 
 
 NOTICES. 
 
 Moiiee io quit hy a kmdkrd to a tmemt frpm ytm to yea/r, 
 
 ;Sie: — ^I hereby give you notice, and require you to quit and de- 
 liver up t,o me, or my assigns, on the day of next, the 
 possession of the messuage or dwelling-house (or rooms apd apai^ti 
 ments, or farm, lands and premises), with the appurtenances, whiclj 
 
204 PRACTICAL FORMS. 
 
 you now hold, or claim to hold, of me, situate in the (city, town or 
 county) of 
 
 Dated ifhis day of , in the year of our Lord 
 
 Yours, &c. 
 
 To 
 
 Notice iy a tenant from year to year of his intension to quit. 
 
 SiE : — I hereby give you notice of my'intention to quit, and that 
 I shall, on the day of next, quit and deliver up the pos- 
 
 session of the messuage, &c. (as above), which I now occupy, or 
 which you may insist I hold of you, situate in the (city, town or 
 county) of 
 
 Dated this day of , in the year of our Lord 
 
 Tours, &c. 
 
 To :^ 
 
 Notice to tenant to quit hy an agent for landlord. 
 
 Sir -.^-I do hereby, as the agent for and on behalf of your land- 
 lord, A.B of , give you noticfe, and require you to quit and 
 deliver up, on the day of next, the possession of the mes- 
 suage, &c. (as above), which you now hold, or claim to hold, of the 
 said A B, situate in the (city, town or county) of 
 
 Dated this day of , in the year of our Lord 
 
 Yours, &c. E F, 
 
 To Agent for the said A B. 
 
 Note. — Tenancy from year to year, without an express agreement 
 to the contrary, terminates, by act of the assembly of Virginia, at 
 the expiration of any current year : provided a notice to that effect 
 shall have been given by either the landlord or tenant to the other, 
 in writing. In cases of lands, lots or tenements being in city, bo- 
 rough, -or incorporate town, at least three months before the end of 
 the year, or where tenancy is in the country, six months before 
 the end of the year ; notice to be deemed duly given, on the part 
 of the landlord, if proven to have been served upon any one inte- 
 rested in the lease as tenant, and upon the leased premises; and 
 on the part of tenant, if served upon the owner of the rented 
 premises, or his agent. Notice by one party sufficient. No notice 
 required where there is a definite lease. See title " Affidavits," 
 p. 2, ante. 
 
NOTICES. 205 
 
 Notice iy one partner to another, of intention to dissolve the copart- 
 nership, pursuant to a power in articles for that purpose. 
 
 Sir : — I hereby require you to take notice, that it is my intention 
 to retire from and determine the copartnership now subsisting be- 
 tween us, on the day of next, in pursuance of the power 
 contained in the deed or articles, bearing date the day of , 
 in the year , enabling me, as therein mentioned, to determine 
 the said copartnership. And I hereby require that you will, on 
 such dissolution of said copartnership, execute to me such bond of 
 indemnity as in the said articles is mentioned, against the debts of 
 the said copartnership, a draft of which bond will in due time be 
 previously submitted to you for your approbation, I being ready to 
 execute any such assignment or assurance as shall be requisite or 
 proper, on my part, concerning the premises. 
 
 Dated, &c. . 
 
 Notice from partner to partner, of intention to dissolve copartner- 
 ship, where the partnership was for a limited time. 
 
 Sir : — ^I do hereby give you notice, that it is 'my intention to 
 determine the copartnership subsisting between us in the trade or 
 business of , , on the day of next ; and I do hereby 
 
 •require you, on or before that day, to render a just and true ac- 
 count, in writing, of all the moneys had and received by you for 
 or on account of the said copartnership, and of all transactions 
 relating thereto, I being on my part ready and willing to render 
 and make such account or accounts, or any others that shall be 
 requisite or' proper concerning the premises ; and I do hereby give 
 notice in the mean time not to draw, accept or negotiate, or make 
 or cause to be made or executed any bill of exchange or promissory 
 note, or other security, for or on account of, or in the name of the 
 said copartnership, or otherwise relating thereto, by means of 
 which I might become liable to make any payment whatsoever. 
 
 Dated, &c. — ; 
 
 Notice of dissolution of partnership, arid that one of the partners 
 will continue the btisiness. 
 
 Notice is hereby given, that the partnership heretofore carried 
 on by and , under the name and style of , in , 
 
206 PRACTICAL FORMS. 
 
 has this day been dissolved by mutual consent, and in future the 
 business will be carried on by the said , on Ms separate 
 
 account, who will pay and receive all debts due and owing to and 
 from the said partnership in the regular course of business. 
 
 [Signed by parties.] 
 
 Hotice of dissdluiiSn of partnership, WAd who to pay, requestmg 
 aecounts to be sent in. 
 
 Notice is hereby given, that the partnership lately subsisting be- 
 tween and , heretofore carrying on trade under the firm 
 of and , was, on the day of last, dissolved 
 by mutual consent ; all debts due and owing to the said partner- 
 ship are to be received by the said , and all persons to whoiii 
 the said partnership stands indebted are requested immediately to 
 send in their respective accounts to said , in order that the 
 same may be examined and paid. 
 
 {Signed by parties.] 
 
 Notice of dissolution of partnership as to one of the partners, 
 and of n&O) firm. 
 
 Notice is hereby giveil, that the partnership between and 
 
 , transacting business under the name and style of , 
 
 was dissolved on the day of last, so far as it relates to 
 
 the said , and that all debts, due to the said late partnership 
 
 are to be paid, and those due from the same, discharged at their 
 houSe in , where the business will in future be continued by 
 
 the said and , and by , under the firm and style 
 
 of ' . 
 
 Dated this day of 
 
 {Signed by parties,] 
 
 Notice to tenants of a conve^yance to a purchaser. 
 
 ^lE : — I hereby give you notice, that by conveyance duly exe- 
 cuted and dated, Mr. A B of -, your late landlord, and all 
 other necessary parties, duly sold and conveyed all the estate and 
 interest in the messuage, farm and lands, situate at, &c., and which 
 you hold 01 claim to hoM as tenant thereof, and that lihe right to 
 such estate and premises is now vested in me, and that you must 
 
PABXNEaSHTPS. 207 
 
 pay to me all renta accruing due since the day ,of , in the 
 
 year , and observe and perform with me all covenants, and 
 
 agreements, and terms upon which you hold or claim to hold the 
 said premises. 
 
 Yours, &o. 
 
 To -**- 
 
 XXI. 
 
 PABTNERSHIPS. 
 
 ^crm of liw/ited partner&h^^ 
 CartijicQie ff limited ipffiinmih?ip^ wiih <affidairit and acknowledgment. 
 
 This is to certify to all to whom these presents shall come, that 
 We, whose names are hereto subscribed, to wit: A B of , C D 
 
 of , E"F of , &c., have entered into a limited partner--, 
 
 ship for the purpose of transacting and carrying on business in the 
 [here describe the charg.cter of the projected lausiness] within the 
 State of Virginia, under and by virtue of the provisions of -the 
 145th chapter of the Code of Virginia, upon the terms, conditions 
 and liabilities hereinafter set forth, to wit : 
 
 1st. The said partnership is to be conducted under th? grm of 
 A Band CD. • 
 
 2d. The general nature of the business intended to be trans9,cted 
 by the said partneotrship is [here describe the projected .business]. 
 
 3d. The jplace (ox places) of said business is (or are) as foll((ws 
 [here specify the place or places'] : 
 
 .4th. The .general partners are A B, residing in , D, re- 
 
 siding in .; and the special partners are ,E F, residing in; &c. 
 
 5th. Eaich^of the. special partners Jj.?.? contributed to the comma?, 
 stock of the said -firm, the amount now iieri^in .m^ forth, to wit.: 
 E F ikas contribiiiteid the amount of dollars, &c. 
 
 #;h. lEhe saM partBiec^i|) is to oommence immediaie'l^ at auid 
 
208 PRACTICAL FORMS. 
 
 after tlie making and signing of this certificate, and is to terminate 
 
 on the day of , in the year 
 
 •Witness our hands and seals this day of 
 
 A B. [Seal.] 
 D. [Seal.] 
 E F, [Seal.] " 
 G H. [Seal.] 
 
 County (or Corporation of ), to wit: 
 
 I, , a justice of the peace (or notary public) for the county 
 
 (or corporation) aforesaid, in the State of , do hereby certify, 
 
 that the above named A B, one of the general partners of the firm 
 of , referred to in the preceding certificate, personally ap- 
 
 peared before me, in my county (or corporation) aforesaid, and 
 made oath that the several sums of money specified therein to have 
 been contributed by each of the special partners therein named, to 
 the common stock, to wit : The sum of dollars by E F, &c., 
 
 have been so contributed, and that said sums have been actually 
 paid in cash. 
 
 Given und-er my hand and seal this day of , in the 
 
 year . [Seal.] 
 
 County (or Corporation), to wit : 
 
 I, , a notary public (or justice of the peace) for the county 
 
 aforesaid, in the State of Virginia, do hereby certify, that A B, 
 C D, E F and G H, whose names are signed to the writing hereto 
 annexed, bearing date on the day of , have acknow- 
 
 ledged the same before me, in my county (or corporation) aforesaid. 
 
 Given under my hand this day of , in the year 
 
 Articles of copartnership between two tradesmen. 
 
 Articles of agreement, had, made, concluded and agreed upon, 
 this day of , in the year , between A B of , 
 
 of the one part, and P M of , of the other part : Whereas, 
 
 first; the said A B and P M have agreed, and by these presents do 
 agree to become copartners together in the art or trade of , 
 
 and all things thereto belonging, and also in buying, selling, vend- 
 ing and retailing all sorts of wares, goods and commodities belong- 
 ing to the said trade of ' ; which said copartnership, it is agreed, 
 
PARTNERSHIPS. 2Q9 
 
 shall continue from. , for- and duHng, and until the Ml end 
 
 and term of years, thence next ensuing, and fully to be 
 
 complete and ended. And to that end and purpose., he, the said, 
 A B, hath, on the day of the date of these presents, deliy^i'ed; in 
 as stock-the sum of , and the. said P M, the sum of , to 
 
 fee used, laid out and employed in common be,tween them, the said 
 parties, and the said copartners, each for himself respectively, and 
 for his own particular part, and for hia respective executor and 
 administrator, doth covenant, promise and agree with the other of 
 them, his. respective executor and administrator, by these presents, 
 in manner and form following (that is to say) : That they, the said 
 copartners, shall not, not will at any time hereafter, use^ e?;ercise 
 or follow the trade of , aforesaid, or any other trade whatso- 
 
 ever, during the said term, to their private benefit or advantage. ; 
 but shall and will, from time to time, and at all times during the 
 said term (if they shall so long live), do their and each of their 
 best and utmost endeavors, in and. by all means possible, tc* the ut- 
 most of their skill and power, for their joint interest, profit, benefit 
 and advantage ; and truly employ, buy, sell and merchandise with 
 the stock aforesaid, and the increase thereof; in the trade of 
 aforesaid, without any sinister intention or fraudulent endeayors 
 whatsoever ; and also, that they, the said copartners, shall and will, 
 from time to time, and at all times hereafter, during the said terni, 
 pay, bear and discharge equally between them the rent of the shpp 
 which they, the said partners, shall rent or hire for the joint exer- 
 cising qr managing the trade aforesaid. And that all guch gain, 
 profit and increase that shall come, grow or arise, for or by reason 
 of the said trade or joint business as aforesaid, shall be, from time to 
 time during the said term, equally and proportionably divided be- 
 tween them, the said copartners, share and share alike. And als.Q, 
 that all such losses as shall happen in. the said joint traple, by bad 
 debts, ill commodities, or otherwise, without fraud or covin, all 
 wages, charges, expenses, purchases and payments whatsoever, rela- 
 tive to and in the said joint trade, shall' be paid and borne equally 
 and proportionably between them. And further, that neither of 
 the said parties hereto shall take any apprentice into the said joint 
 trade without their mutual consent ; and that neither of the said 
 parties sht,ll or will sign or execute, or deliver any bond, judgment, 
 or warrant of attorney to enter up judgment, nor give, sign, en- 
 27 
 
210 PRACTICAL FORMS. 
 
 dorse, draw or accept any bill of exchange or promissory note wtat- 
 soever, whereby the said joint trade can be aflfected in any manner 
 howsoever, or without the consent of the other of the said parties 
 being first obtained', or the same being duly entered, in case of ab- 
 sence of the other of said parties, into the proper book or books of 
 the transactions of the said copartnership ; or use or employ the 
 firm of the said copartnership in any transactions of notes or bills , 
 for accommodation, in any manner howsoever, or become bail in 
 any court of law or judicature whatsoever, for any person or per- 
 sons whomsoever. And further, it is agreed by and between the 
 said copartners, that there shall be had and kept, from time to 
 time, and at all times during the said term, and' joint business and 
 copartnership together as aforesaid, perfect, just and true books of 
 accounts, wherein each of the said copartners shall duly enter and 
 set down, as well all money by him received, paid, expended and 
 laid out, in and about the management of the said trade, as also, 
 all wares, goods, commodities and merchandise, 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 whatso- 
 ever 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 copartners, so that either of them may 
 have free access thereto, without any interruption by the other. 
 And also, that they, the said copartners, upon the reasonable re- 
 quest 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 suffered in the said copartnership and joint busi- 
 ness 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 said account, their equal shares of the profits so made, as 
 aforesaid. And at the end of the said term of , or other 
 
 sooner determination of these presents (be it by the death of one 
 of the said copartners, or otherwise), they, the said copartners, 
 each to the other, or in case of the death of either of them, the 
 surviving party, to t}ie executors or administrators of the party 
 
PARTNERSHIPS. 211 
 
 deceased, shall and will make a true, just and final account of all 
 things as aforesaid, and divide the .profits as aforesaid, and in all 
 things vrell and truly adjust the same ; and that, also, upon the 
 making of such final accounts, all and every the stock and stocks, 
 as well as the gains and increase thereof, which shall appear to be 
 remaining, whether consisting of money, wares, debts, &o., shall be 
 equally parted and divided between them, the said copartners, their 
 executors or administrators, share and share alike. 
 
 In witness, &c. A B. [Seah] 
 
 P M. [Seal.] 
 
 Dissolution of pwrinership. 
 
 This indenture, made this - day of , in the year , 
 
 between A G of , of the one part, and S E of , of the 
 
 other part : Whereas it was covenanted and agfeed that the said 
 A G and S R should become copartners and joint traders together 
 in the said art and trade of , for the term of fourteen years 
 
 ftom the day of , now next ensuing, upon a joint and 
 
 equal- capital to be made up between, upon and subject to the terms 
 and conditions in the said indenture particularly mentioned, as in 
 and by the said indenture may be seen by reference being had 
 thereto : and Whereas the said A G and S R have mutually con- 
 sented and agreed to dissolve the said copartnership on the 
 day of , next ensuing the date of these presents: and 
 
 whereas all accounts relative to the receipts and disbursements on 
 account of the said joint trade, and of all sums of money advanced 
 and paid by the said parties, have been settled and adjusted up to 
 the day of the date hereof: and whereas the said joint stock in 
 trade hath been valued and appraised at the sum of dollars : 
 
 and whereas it also appears that there are due and owing to the said 
 copartnership, funds from sundry persons (the sum of dollars), 
 and that the said copartnership stands indebted to sundry persons 
 in the sum of dollars : Now, this indenture witnesseth, that 
 
 the said A G and S R, in pursuance and performance of the said 
 agreement, for themselves, their executors and administrators, have 
 covenanted and agreed, and by these presents do covenant and 
 agree to and wi& each other, their executors and administrators, 
 that the said copartnership trade, and all dealings and transactions 
 
212 ' PRACTICAL FORMS, 
 
 relative thereto, shall, from the said day of , n6xt etisfling 
 
 the date of these presents, cease 'and determine ; and that the said 
 indenture of copartnership, and every covenant, article, clause and 
 agreement therein contained, as to the residue of the said term, 
 shall from thenceforth cease and determine, and be absolutely void. 
 And it is further covenanted and agreed, that the said S R shall 
 collect, receive and get in all debts due and owing to the said part- 
 nership, and shall and will, from time to time, as stich debts shall 
 be received and got in, pay and apply the same towards the dis- 
 charge of all demands on the said copartnership, and after such 
 payment, shall and will, out of the surplus thereof, pay to the said 
 A G, his executors or administrators, the share or interest of the 
 said A G therein and thereto, as the same shall be made to appear 
 by the accounts of the said copartnership. And for the better en- 
 abling the said 8 E to collect, receive and get in the debts due and 
 owing to the said copartnership, the said A G doth hereby autho- 
 rize and empower the said S E to ask, deaiand, sue for, levy, re- 
 cover and receive the same, and to take all lawful ways and means 
 to compel the payment thereof. And finally, the said parties 
 hereto do mutually covenant and promise, the one unto the other 
 of them, to sign and cause to be insetted in the -, printed and 
 
 published in , and in such other public newspapei's as shall 
 
 be deemed expedieint, and as eithfer of thern shall requir€, due no- 
 tice of the said dissolution of their said copartnership, and such 
 other notification thereof, by letters or otherwise as may be found 
 necessary. 
 
 In witness whereof, the said parties have hereunto set their 
 hands and affixed their seals on the day and year first herein 
 ■Written as the date hereof, 
 
 AG. .[Seal.] 
 S E. .[Seal.] 
 
RECEIPTS. 213 
 
 XXII. 
 
 IlECEIPTS. 
 
 Beceipt for rent paid. 
 
 Received this day, tte sum of dollars from B 0, it being 
 
 the first quarter's rent of the house situated in , due and 
 
 ending this day, and by me rented to the sai'd B 0, as by an agree- 
 ment -bearing 'date d^ycif , in the year . . 
 
 ■Dated day'of ,-in the year 
 
 Heceipt for interest on bond. 
 
 Eeeeiyfed this day, froin A B the sum of dollars, it being 
 
 one-half year's interest on the sum of dollars, due to ine from 
 
 H E, on the day of. , in the year , by his bond bear- 
 
 ing date the day of , in the year 
 
 Dated day of , in the year 
 
 Receipt to <m ioi^ciMr for a legacy. 
 
 Eeceived, on the daijr Of ,, in "the year , from S T, 
 
 the executor of the last will and testament of B T, deceased, the 
 sum bf dollars, it being the aflioiiat bequeathed to me as a 
 
 legacy 'by the said B T, according to his lastWillandtestament. 
 
 Dated the day of , in the, year 
 
 Receipt to an administrator for the payment jof a debt s^ intestate. 
 
 iReceiveid this day, -from GiB, -admdnigtratdr'iof the geods and 
 cohattele, rights andieffects-of A H,ideceased, the; sumtxf 
 ■ dollars, in full of all - demands againSt 4he 'estate of the'said-AH, 
 ■fbn,^oods, &c. , sold and delivered by me ■ to ' the «aid iA.. H, in -his 
 lifetime, and^by^ him unpaid for. *^ 
 
 Dated day of , in the -year 
 
214 PRACTICAL FORMS. 
 
 Receipt of an annuity. 
 
 Eeceived this day of , in the year , from S H, the 
 
 sum of ' dollars, it being the amount of an annuity, to be paid 
 me by the said S H, out of the estate of B N, deceased, according 
 to the provisions of his the said B N's last will and testament. 
 
 Dated day of , in the year 
 
 Receipt for award money. 
 
 Eeceived this day of , in the year , the sum of 
 dollars, it being the amount directed to be paid to me by D, by 
 an award made by and , arbitrators, indifferently chosen, 
 and bearing date the day of , in the year , in full 
 satisfaction of all claims and demands which I have against the 
 said D. ■— 
 
 XXIII. 
 
 EECOED OF WEITmaS DT THE SEVERAL 
 
 STATES. 
 
 ACKNOWLEDGMENTS. 
 
 The forms 9f acknowledgment of deeds, &c., differ so widely, 
 that it will be necessary to give forms for each State separately : 
 
 Fob, Arkansas. 
 
 Achnowledgment of deed, for Arkansas. 
 
 State of Virginia — Henrico County, to wit : 
 
 Be it remembered, that on the day of , 18 , at the 
 county aforesaid, before me [here give the pame and style of the 
 office], personally appeared Richard B, grantor in above deed, to 
 me personally well known, and acknowledged that he voluntarily 
 executed and delivered the foregoing deed, for the uses, purposes, 
 and consideration therein expressed, and desired the same to be 
 certified. 
 
RBCOED OP WRITINGS — ARKANSAS, ETC, 215 
 
 Given under my hand and seal of office,'^ on tte day and date 
 above named. A B. [Seal of office.] 
 
 [Describe bis official character.] 
 
 AcTcrMwledgment of deed hy husband and wife, for Arkansas. 
 
 State of Virginia — Henrico County, to wit : 
 
 Be it remembered, that on the day of , 18 , [as 
 
 last form to the word certified, inclusive, then add] : And on the 
 same day, and at the same place, also came personally before me, 
 Mary B, the wife of Eichard B, and of full age, and to me pfer- 
 sonally well known, who being there by me examined in the ab- 
 sence of her said husband, and the contents of the foregoing deed 
 being by me fully explained to her, she declared that she had of 
 her free will executed the same, for the uses and purposes therein 
 expressed, without compulsion or undue influence of her said hus- 
 band, and desired the same to be certified. 
 
 Given under my hand and seal of office,'- on the day and date 
 above named. A B. [Seal of office.] 
 
 [Describe his official character.] 
 
 Before whom made. Before any court of the United States, or 
 of any State or Territory having a seal, or the clerk of such court, 
 or the mayor of any city or town having a seal of office, or the 
 chief officer of any city or town having a seal of office. Also be- 
 fore any commissioner of deeds for Arkansas. 
 
 Witnesses. Two witnesses should . subscribe the deed. And it 
 seems that this form is not dispensed with by the acknowledgment 
 of the parties before the officer. 
 
 Foe Alabama. 
 
 Aehnowledgm.ent of deed, for Alabama. 
 
 State of Virginia — County of Henrico : 
 
 I [here give the name and style of the officer], hereby certify 
 that Richard B, whose name is signed to the foregoing convey- 
 
 ' When the officer has one ; if he have no such seal, then under 
 his "official signature," and the words in italics will be omitted. 
 
216 PKACTIGAL FORMS. 
 
 apce, and who is Isinown to me, acknowledged before me,, on this 
 day, that heing informed of the contents of the conveyance, he exe- 
 cuted the, same voluntarily, on the day the same bears date. 
 Given under my hand this day of , A. D. 18 . 
 
 A B. 
 
 Acknowledgment of deed hy husband and. wife, for AlahavKh 
 
 Sliate of' Virginia — County of Henrico : 
 
 I [here give the name and style of the officer], hereby certify 
 that Eichard B, and Ja,ne B, his wife, whose names are signed to 
 the foregoing conveyance, and who are known to me, acknowledged 
 before me on this day, that being infornied of the ccThtents of the 
 conveyance, they executed the same voluntarily, on the day the 
 same bears date. 
 
 Gfiven under my hand this day of , A. D. 18 . 
 
 A B. 
 
 , Before whom made. These acknowledgments may be made be- 
 fore a judge OP clerk of any federal court, a judge of any court of 
 record in any State, a notary public, or a commissioner appointed 
 by the Governor of Alabama. Mr. Thornton, in his work on Con- 
 veyancing, reconmiends that the certificate of the clerk of the 
 court be added to the judge's certificate of acknowledgment had 
 before him. 
 
 Witnesses. By Code of 1852, § 1266, " conveyances for the alien- 
 ation of lands must be written or printed, on parchment or paper, 
 and must be signed at their foot by the contracting party, or his 
 agent having a written authority; or if he is not able to sign his 
 name, then his name must be written for him, with the words ' his 
 mark,' written against the same, or over it; the execution of such 
 instrument must be attested by one, or where the party cannot 
 write, by two witnesses who are able to write their names, as 
 witnesses." 
 
 Foe Califoenia. 
 
 Achnowledgment of deed, for California. 
 
 State of Virginia — County of Henrico, ss : 
 
 On this day of , A. D. 18 -, personally appeared 
 
 before me [here describe the name and style of the officer], Eichard 
 
RECORD OF WRITINGS — CALIFORNIA. 217 
 
 B, personally known to me to be the person described in, and wbo 
 executed tbe foregoing instrument,^ who acknowledged to me that 
 he executed the same freely and voluntarily, and for the uses and 
 purposes therein mentioned. 
 
 In testimony whereof, I have hereunto set my hand and affixed 
 my seal of office (or the seal of said court), this day and date 
 above written. 
 
 [Seal of court or A B, Commissioner ' 
 
 ' of commissioner.] (or judge or clerk). 
 
 Acknowledgment of deed hy husband and wife, for California. 
 
 State of Virginia — County of Henrico, ss : 
 
 On this day of , A. D. 18 , personally appeared 
 
 before me [here describe the name and style of the officer], Eichard 
 B, and Mary his wife, personally known to me to be the persons 
 described in, and who executed the foregoing instrument,^ and the 
 said Eichard B then and there acknowledged to me that he exe- 
 cuted the same freely and voluntarily, and for the uses and pur- 
 poses therein mentioned ; and the said Mary B, being made ac- 
 quainted by me with the contents of said conveyance, did, on an 
 examination apart from, and without the hearing of her husband, 
 acknowledge to me that she executed the same freely and volunta- 
 rily, without fear or compulsion, or undue influence of her hus- 
 band, and that she does not wish to retract the execution of the same. 
 In testimony whereof j I have. hereunto set my hand and affixed 
 my seal of office (or the seal of said court), this day and date 
 above written. 
 
 [Seal of commissioner A B, Commissioner 
 
 or of court.] (or judge or clerk). 
 
 Before whom tnade. Before some judge or clerk of any court 
 of the United States, or of any State or territoi'y having a seal, or 
 
 ^ Or " satisfactorily proved to me to be the person described in, 
 and who executed the foregoing instrument, by the oath of John 
 M, a competent and credible witness for the purpose, and the said 
 Eichard B." 
 
 ^ Or "satisfactorily proved to me to be the persons described in, 
 and who executed the foregoing instrument, by the oath of John 
 M, a competent and credible witness for the pul'pose." 
 28 
 
218 PEACTICAL FORMS. 
 
 before any cominissioner of deeds appointed by the Governor of 
 California. 
 
 FoK Connecticut. 
 
 Achnowledgment of deeds, for Connecticut. 
 
 State of Virginia — County of , ss : 
 
 Personally appeared Eiohard B, signer and sealer of tlie 
 foregoing instrnment, and acknowledged tbe same to be his free 
 act and deed, before me [here set forth the name and style of the 
 officer], this day of , 18 . ME, Judge 
 
 (or as the case may be). 
 
 Acknowledgment of deed hy hiXshand and wife, for Connecticut. 
 
 State of Virginia — Oonnty of , ss : 
 
 Personally appeared Kichard B, and Mary B, his wife, signers 
 and sealers of the foregoing instrument, and acknowledged the 
 same to be their free act and deed, before me [here describe the 
 name and style of the officer]; this day of , 18 . 
 
 M K, Judge 
 (or as the case may be). 
 
 Before whom made. Before " a justice of the peace, a notary 
 public, or before a judge of the supreme or district court of the 
 United States, or of the supreme or supefrior court, or of the court 
 of common pleas, or county court of any State, or before a com- 
 missioner or other officer having power to take acknowledgments 
 of deeds." 
 
 WitneBSBB. Deeds should be attested by two witnesses. 
 
 Foe Delaware. 
 
 Acknowledgment of deed hy husband, and privy examinoMon of 
 wife, for Delaware. 
 
 The State of Virginia-^Henrico County, set: 
 
 Be it remerabered, that on the day of , in the 
 
 year of our Lord one thousand eight hundred and , 
 [Seal personally came before me the subscriber, N 0, judge 
 of of the court of (being a court of record), 
 
 court.] Richard B, and Lucy B, his'wife, parties to this inden- 
 ture (or if by a deed poll, say instrument), known to 
 
RECORD OF WRITINGS — CONNECTICUT, ETC. 219 
 
 me personally (or proved on the oath of ) to be such, and 
 
 severally acknowledged said indenture to be their act and deed (or 
 said instrument to be their act; if under seal, add, and deed), re- 
 spectively, and that the said , being at the same time pri- 
 vately examined by me, apart from her husband, acknowledged 
 that she executed the said indenture (or instrument), without com- 
 pulsion or threats, or fear of her husband's displeasure. 
 
 In testimony whereof, I have hereunto set my hand and affixed 
 the seal of my said court, on the day and year last aforemen- 
 tioned. N 0, Judge. 
 
 When taken by a judge, the seal of the court may be affixed to 
 a certificate of attestation by the clerk, or keeper of the seal. In 
 that case, in his certificate the judge will omit the seal, and the 
 clerk or keeper of the seal will certify under Seal that he is a 
 judge, &c. When the clerk certifies, the following is th^ form of 
 his certificate : 
 
 Clerk's certificate to attestation of judge. 
 
 State of Virginia— Henrico County, to wit; 
 
 I, Eobert E, clerk of the court of , in the said 
 
 State (which is a court of record), do hereby certify that 
 [Seal N 0, before whom the foregoing acknowledgment was 
 of made, is judge of the aforesaid court, duly commissioned 
 eourti] and qualified, and that the foregoing signature, purport- 
 ing to be his, is genuine. 
 In testimony whereof, I have hereunto set my hand, and affixed 
 the seal of said court^ the day of , in the year of our 
 
 Lord . EOBEET E, Clerk. 
 
 A certificate of a similar character may be made by any keeper 
 of the seal of court. 
 
 Before whom, taken. Before the judge of any district or circuit 
 court of the United States, or the chancellor or any judge of a 
 court of record of. any State, territory or country, or the mayor or 
 chief officer of any city or borough (certifying under their hands 
 and the seal of the court, city or borough), or before a court, the 
 clerk, &c. certifying under its seal ; or before a commissioner of 
 deeds for Delaware certifying under his hand and seal. 
 
220 practical forms. 
 
 Foe Floeida. 
 
 Acknowledgment of deed, for Florida, when taken hy a judge. 
 
 State of Virginia — County of , to wit : 
 
 This day of , A. D. 18 , Eichard B, party to a 
 
 certain deed, bearing date tlie day of , A. D. 18 , and 
 
 hereto annexed, personally appeared before me, M M, judge of the 
 circuit court of the said county of , and within the jurisdic- 
 
 tion of said court (there being no commissioner of deeds in the 
 said county authorized to take acknowledgments to deeds for recor- 
 dation in the State of Florida), and the said Eichard B being per- 
 sonally known to me to be the individual described in, and who 
 executed said deed, acknowledged that he did sign, seal and de- 
 liver the foregoing deed, as and for his own act and deed, and for 
 the purposes expressed therein. 
 
 In witness whereof, I have hereunto set my hand this day and 
 date above written. M M, Judge. 
 
 Clerk's Office of the Circuit Court of the 
 
 County of , in the State of Virginia : 
 
 I, James E, clerk of the circuit court of the county of ■ , 
 in the State of Virginia, do hereby certify, that M M, whose name 
 is affixed to the foregoing certificate, is now, and was at the time 
 the said' certificate bears date, an acting judge of my said court, 
 duly commissioned and qualified, and that to all his official acts 
 as such, full faith and credit are due : and I further certify, that 
 the foregoing signature, purporting to be the signature of said M M, 
 judge as aforesaid, is genuine. 
 
 \^Seal In testimony whereof, I have hereunto signed my 
 
 of name, and affixed the seal of the said court, this 
 court.'] day of , A. D. 18 . 
 
 JAMES E, Clerk. 
 
 Relinquishment of dower, dc. hy Tnarried woman, for Florida. 
 
 The acknowledgment of a married woman ought to be made 
 thus ; She should " acknowledge, on a separate or private exami- 
 nation by the officers taking her acknowledgment, apart from her 
 husband, that she expected such deed, conveyance, or instrument 
 
RECORD OF WRITINGS — FLORIDA. !21 
 
 under seal, freely, and wittout any fear or compulsion of her hus- 
 band." A wife may part witli her dower, by making herself a 
 party to the conveyance, for the purpose of relinquishing the same, 
 "or she may, by a separate relinquishment under her hand and 
 seal, executed in the presence of two witnesses, renounce her right 
 of dower." Such separate relinquishment must be accompanied 
 by an acknowledgment under the hand and seal of the wife (taken 
 and made separately and apart from her husband, before some 
 judicial officer of the State, when it shall have been made therein), 
 that the said relinquishment and renunciation of dower is made 
 freely and voluntarily, and without any compulsion, constraint, 
 apprehension, or fear of, or from, the husband of the party making 
 said relinquishment." 
 
 Certificate of execution of deed hy married woman, for Florida. 
 
 State of Virginia — County of : 
 
 Before me, the subscriber [describe the official capacity/ as 
 in certificate on page 220], personally came A B, the wife of C B, 
 whose name is subscribed to the foregoing deed, and upon a sepa- 
 rate and private examination, apart from her husband, acknow- 
 ledged that she executed such deed freely, and without any fear 
 or compulsion of, her said husband. 
 
 In testimony whereof, &c. (conclude as in certificate on page 220). 
 
 itelinquishment of dower hy. married wornan, for Florida, she not 
 having united in the deed of husband. 
 
 State of Virginia — County of , set : 
 
 Know all men by these presepts, that I, Mary B, the wife 
 of Eichard B, the grantor in the annexed deed, for and in conside- 
 ration of the premises therein specified (and in consideration of 
 the sum of dollars, to me in hand paid, the receipt whereof 
 
 is hereby acknowledged), have renounced, relinquished and re- 
 leased, and by these presents do renounce, relinquish and release, 
 to E F, the grantee in said deed, all my dower and right of dower, 
 in and to the property therein conveyed : To have and to hold the 
 same unto the said E F, his heirs and assigns, forever. 
 
 In witness whereof, I have hereunto set my hand and seal this 
 
 day of , A. D. 18 . 
 
 Signed and sealed in 1 MARY B. [Seal.] 
 
 presence of 
 
 led in) 
 G L. \ 
 R K.J 
 
2iJ2 PRACTICAL FORMS. 
 
 State of Virginia — County of : 
 
 , I do hereby acknowledge, that the foregoing relinquishment 
 and renunciation of dower is made freely and voluntarily, and 
 without any compulsion, constraint, apprehension or fear, from my 
 husband, Eichard B. 
 
 In witness whereof, I hereunto set my hand and seal this 
 day of , A. D. 18 . MAEY B. [Seal.] 
 
 State of Virginia-^Oounty of : 
 
 I, M M, judge of the circuit court of the said county of , 
 and within the jurisdiction of said court (there being no commis- 
 sioner of deeds in the said county authorized to take acknowledg- 
 ments to deeds, for recordation in the State of Florida), do hereby 
 certify, that Mary B, wife of Eichard B (the said Mary B being 
 personally known to me to be the individual described in, and 
 who executed the foregoing relinquishment of dower), and the 
 said Mary B being examined by me separately and apart from her 
 husband, did acknowledge that the above relinquishment and re- 
 nunciation of dower was made by her freely and voluntarily, and 
 without any compulsion, constraint, apprehension, or fear of or 
 from her husband, and did in my presence sign and seal the fore- 
 going acknowledgment, in evidence of the same. 
 
 In testimony whereof, &c. (conclude as in certificate on page 220, 
 and annex certificate of clerk, as there found). 
 
 Sometimes the relinquisjiment is made before the clerk of a 
 court. In that event, the following certificates ought to be used : 
 
 Certificate of relinquishment of dower, for Florida, when made 
 before a cleric of a court. 
 
 State of Virginia — County of : 
 
 Be it remembered, thd* on the day of , A. D. , 
 
 at the county aforesaid, before me the subscriber, clerk of [here 
 describe the court], which said court is a court of record, and in 
 the presence of , judge (or justice) of said court, came Mary 
 
 B, the wife of Eichard B, grantor in the foregoing deed of con- 
 veyance, the said Mary B being personally known to me to be the 
 individual described in, and who executed the foregoing relinquish- 
 
RECORD OF WRITINGS — ILLINOIS. 223 
 
 ment of dower, and the said Mary B being examined by me sepa- 
 rately and apart from her husband, did acknowledge, &c. (as in 
 last form). J E, Clerk. 
 
 State of Virginia — County of : 
 
 I, , judge (or justice) of the court of the said 
 
 county, do hereby certify, that the foregoing acknowledgment was 
 made in my presence, and that J R, who subscribed the foregoing 
 certificate, was, at the time of signing the same, the clerk of said 
 court. 
 
 Given under my hand this day of , A, D. 
 
 , Judge 
 
 (or justice). 
 
 Before wfiom achnowledgment or relinquishment of dower made. 
 Before a commissioner of deeds for Florida, and in cities and coun- 
 ties where no commissioner has been appointed, before the chief 
 justice, judge, presiding justice, or president of any court of record 
 of the United States, or of any State or territory thereof, having 
 a seal, and a clerk or prothonotary. The acknowledgment, &c. to 
 be made within the respective jurisdictions of such judges, &c. 
 
 For Illinois. 
 
 Form of etclcnowledgment of husband and wife, for Illinois. 
 
 State of Virginia — Henrico County, ss : 
 
 This day personally appeared before the undersigned, a no- 
 tary public for the county of Henrico, in the State of Virginia, 
 A B, amd Jane B his wife, who are personally known to me to be 
 the persons whose names are subscribed to the foregoing deed (or 
 other instrument of writing, as the case may be), as having exe- 
 cuted the same, and acknowledged that they had executed the 
 same for the uses and purposes therein expressed ; and the said 
 Jane B, wife of the said A B, being of lawful age, and having 
 been by me, separately and apart from her husband, examined, 
 and the full contents of said deed (or other instrument of writing) 
 made know-n and explained to her, acknowledged that she had 
 executed the same, and relinquished her dower to the lands and 
 tenements therein mentioned, voluntarily, freely, and without com- 
 pulsion of her said husband. 
 
224 PRACTICAL FORMS. 
 
 Witness my hand and seal, at the county aforesaid, this day 
 of , A. U. . E F, Notary Public. [Seal.] 
 
 Before whom acknowledgment, dc. made. "Without the limits of 
 Illinois, and within the United States, before a judge of the su- 
 preme or district court of the United States, a commissioner of 
 deeds for Illinois, a judge or justice of the supreme, superior or 
 circuit court of any of the United States or their territories, or the 
 district of Columbia, a clerk of a court of record, a mayor of a 
 city, a notary public, or a justice of the peace. 
 
 Fob, Indiana. 
 
 Form of acknowledgment of husband ahd wife, for Indiana, when 
 wife is over 21 years of age. 
 
 State of Virginia — County of Henrico, ss : 
 
 Before me, J M, a notary public for the county of Henrico, 
 in the State of Virginia, this day of , 18 , A B, and 
 
 Jane B, his wife, acknowledged the execution of the annexed deed 
 (or mortgage, or as the case may be). 
 
 \ , J M, Notary Public. [Seal.] 
 
 Forrn, of acknowledgment of husband and wife to deed for husband's 
 land, for Indiana, when wife is between the ages of 18 and 21 
 years, with declaratian of m,other' or of father, as required by 
 Indiana statute. 
 
 State of Virginia — County of Henrico, ss : 
 
 Before me, J M, a notary public for the county of Henrico, 
 in the State of Virginia, this day of , 18 , A B, and 
 
 Jane B, his wife, the said Jane being over the age of eighteen years 
 and under twenty-one years of age, acknowledged the execution 
 of the annexed deed, and E 0, the father (or the mother) of the 
 said Jane B, this day declared before me the said notary, that he 
 (or she) believes that the said annexed deed is for the benefit of 
 the said Jane B, and that it would be prejudicial to the said Jane, 
 aiid her husband, the said A B, if they were prevented from thus 
 disposing of the lands thus conveyed. 
 
 J M, Notary Public. [Seal.] 
 
RECORD OP WRITINGS^INBIANA, ETC. 22$ 
 
 Annex endorsement of father or motlier, as follows : 
 
 State of Virginia — County of Henrico, ss : 
 
 I, E 0, tte father (or motlier) of the within named Jane B, 
 do declare before J M, the notafy public who took the acknow- 
 ledgment of the said Jane B to the annexed dfeed,; that I believe 
 such conveyance is for the benefit' of the said Jane B (who is ovefr 
 the age of eighteen years and under the age of twenty-one years), 
 and that it would be prejudicial to her, and her husband, the within 
 named A B, if they were prevented from disposing of the lands 
 thus conveyed. R' 0. 
 
 Signed in our presence : 
 A R. 
 M P. 
 
 Sworn to before me, this day of , 18 . 
 
 R M, Notary Public. 
 
 Before wham acTcnowledgments, <£c. made. Before any judge, 
 clerk of a court of record, justice of the peace, recorder, notary 
 public, or may6r of a city in any State of the Union, or before a 
 commissioner of deeds for Indiana. 
 
 Fob ' Iowa. 
 
 Form of aclvnowledgmerit of JiUsband ahd wife, for Iowa. 
 
 State of Virginia — County, of Henrico, sot-: 
 
 Be- it remembered; that on this day of , per^ 
 
 Bonally appeared before me, R M, a notary public for the cbunty 
 and State aforesaid, duly commissioned and qualified, A B, and 
 Jane B, his wife, to me personally known (or proved by the oath 
 of C D, a credible witness) to be the identical persons whd)se' names 
 are affixed to the within conveyance, and acknowledged that the 
 within conveyance iff their voluntary' atot' and deed. 
 
 In testimony whereof, I have hereto set nly hand and affixed my' 
 notarial seal, on the day and- date above written. 
 
 [Seal of notary.] R M, Notary Public. 
 
 Before whom achnowledffimeifut, de. made. Without the State of 
 Iowa, before some court of record, or clerk or officer holding tha 
 seal- thereof , or before some commissioner of deeds forloWa; or be- 
 fore some notary public. 
 29 
 
226 practical forms. 
 
 Foe Kentucky. 
 Form of acknowledgment by husband and wife, for Kerduchy. 
 
 Oommonwealtli of Virginia — County of, Henrico, set : 
 
 I, W F, clerk of the county court of Henrico county, in the 
 State of Virginia, do certify, that this instrument of writing from 
 A B, and Jane B, his wife, was this day produced to me by the 
 parties, and the said instrument of writing was acknowledged by 
 the said A B to be his act and deed, and the contents and effect 
 of the instrument being explained to the said Jane B by me, sepa- 
 rately and apart from her husband, she thereupon declared that 
 she did freely and voluntarily execute and deliver the same, to be 
 her act and deed, and consented that the same might be recorded. 
 Given under my hand and seal of office, at the clerk's ofEce of 
 the said court, on this day of , 18 . 
 
 [Seal of office.] W F, Clerk. 
 
 Form of acJcnowledgment by husband alone. 
 
 Commonwealth of Virginia — County of Henrico, set : 
 
 Be it remembered, that on this day of , A. D. 18 , 
 
 before me, W F, the clerk of the county court of Henrico county, 
 in the State of Virginia, at my office, in the said county and State, 
 personally came A B, to me known to be the person described in, 
 and who executed the foregoing conveyance, and acknowledged 
 that he executed the same. 
 
 Witness my hand and seal of office, at the office of the said 
 ' court, on this day of , , 18 . 
 
 [Seal of office.] W F, Clerk. 
 
 Before whom, acknowledgment made. Deeds may be executed, 
 out of Kentucky, before a clerk of a court, certifying under his 
 seal of office, or under seal of office before a mayor of a city or the 
 secretary of state, or commissioner of deeds for Kentucky, or before 
 a judge, under the seal of his court. 
 
 Foe Louisiana. 
 
 In this State, the pivil law prevails. The mode of conveyance 
 is by an "Authentic act" passed before the proper officer. Beyond 
 
RECORD OF WRITINaS — KENTUCKY, ETC. 227 
 
 the limits of Louisiana, tlie act should be passed before one of the 
 commissioners-for Louisiana, appointed in the several States. See 
 pp. 141, 142, 143, ante; 
 
 Fob, Maine. 
 
 Form of acknowledgment, for Maine. 
 
 State of Virginia — County of Henrico, set : 
 
 December 19th, 1865. Personally appeared A B, and ac- 
 knowledged the foregoing instrument, by him signed and sealed, 
 to be his, free act and deed, before me. 
 
 [Seal of office.] R D W, Notary Public. 
 
 Form of achnowledgment hy husband and wife, when property in 
 the wife's right^ is conveyed. 
 
 State of Virginia — County of Henrico, set : 
 
 December 19th, 1865. Personally appeared A B, and Jane 
 B his wife, and acknowledged the foregoing instrument, by them 
 signed and sealed, to be their free act and deed, before me. 
 
 [Seal.] R D W, Notary Public, 
 
 Before whom achntwledgment made. Before a justice of the 
 peace of any State, justice of a court of record, a notary public, 
 or a commissioner of deeds for Maine. 
 
 Foe Maryland. 
 
 • > 
 
 Form, of acknowledgment hy husband and wife, for Ma/ryland. 
 
 State of Virginia — County of , ss : 
 
 Be it remembered, that on this day of January, in the 
 
 year 18 , before me the undersigned^ G L, a commissioner, resi- 
 dent in the county aforesaid, duly commissioned and qualified by the 
 
 ^ To convey a wife's right of dower, no acknowledgment is neces- 
 sary. Instead of that, the attesting clause of the deed runs as 
 follows, and this answers for the acknowledgment: 
 . " In witness whereof, I, the said A B (the husband), and I, the 
 said Jane, wife of the said A B, in consideration of one dollar 
 to me paid by the said R N, in token of a full relinquishment of 
 all my right to dower in the premises, have hereunto set our hands 
 and seals this day of , in the year of our Lord one thou^ 
 
 sand eight hundred and , ." 
 • 
 
228 PEAOTICAL FORMS. 
 
 Executive authority, and under the laws of the State of Maryland, 
 to take the acknowledgment of deeds, &c., to be used or recorded 
 therein, personally appeared A B, and Jane B his wife, they being 
 known to me (or they being satisfactorily proven by oral testimony, 
 under oath, received by me) to be the persons who are named and 
 described as and professing to be the parties to the foregoing deed 
 (or indenture), and do severally ackntiwledge the said instrument 
 of writing (or indenture) to be their respective act and deed; the 
 said Jane B having signed and sealed said instrument of writing 
 (or indenture) before me, out of the presence and hearing of 
 her said husband ; and the said Jane B- being by me examined, out 
 of the presence and hearing of her said husband, "whether she 
 doth execute and acknowledge the same, freely and voluntarily, 
 and without being induced to do so by fear, or threats of or ill 
 usage by her husband, or by fear of his displeasure," declareth and 
 saith, that she doth. 
 
 In witness whereof, I have hereunto set my hand and affixed my 
 [Seal.] official seal, the -day and year aforesaid. 
 
 G L, Commissioner. 
 
 ^Before whom, achnowledgments made. Before a commissioner of 
 deeds for Maryland, or judge of the United States court, or judge 
 of a court of record. 
 
 Fob Massao|[usetts. 
 
 Form of ooknowledgTnent of husband and wife^ for Mas$(ich%isetts.' 
 
 State of Virginia— County of Henriqo, ss : 
 
 December 19tb, 1865. Then personally appeared the above 
 Bien,tion,ed A B, and Jane B his wife, and acknowledged the fore- 
 going instrument tp lq,e their free act and deed, before ipe. 
 
 E D W, Notary Public. 
 
 ^ It is not necessary for the wife to acknowledge the deed to part 
 vdtk her right of dower. When the husband conveys his estate, 
 the usual form of the clause in the deed releasing dower on the 
 part of the. wife, is as follows ; " In witness whereof, I the said 
 A B (the hijsband), and I the said Jane B, my wife, in toke^ of 
 her relinquishment of dqwer in the premises, have hereunto set 
 our hands and seals this day of ," &c. This i§.io8t_e.ad C!.f 
 
 the acknowledgment of the deed by t]ie wife. 
 
KBCORD OF WRITINGS — MASSACHUSETTS, ETC. 229 
 
 jBefore whom achnowledgment made. Before any justice of tte 
 peace, magistrate or notary public witMn the United States, or be- 
 fore any commissioner of deeds for' Massachusetts. 
 
 For Michigan. 
 
 Form, of aclcnowledgm£nt ly hushand and wife, for Michigan. 
 
 Deeds for Michigan, when executed in any other State, ought to 
 be acknowledged according to the laws of the State in which the 
 acknowledgment, &c. are taken, and there should be a certificate 
 under seal, by a clerk of a court of record, that the person taking 
 the acknowledgment is an officer, and that the deed is properly 
 executed. When a commissioner of deeds for Michigan certifies 
 the acknowledgment, &c. under his seal, the seal of the clerk is 
 unnecessary. 
 
 In deeds executed in Virginia, for lands lying in Michigan, fol- 
 low the forms of acknowledgment-, &c. for Virginia, and then add : 
 
 Clerk's Office of the Court of the , 
 
 State of Virginia, si3t : 
 
 I,^ F T, clerk of the said court, being a court of record, do 
 hereby certify, itat J M, who hath given the preceding certificates 
 of acknowledgment by A B, and of relinquishment by Jane B, 
 annexed to the deed from said A B, and Jane his wife, to , 
 
 dated the day of , was, at the time of giving said certifi- 
 
 CMites, and taking such acknowledgment and relinquishment, a no- 
 tary public (or other officer, as the case may be,.) in and for the 
 said , and authorized under the laws of Virginia to take ac- 
 
 knowledgments and relinquishments as aforesaid, and that the 
 said deed is properly executed, in conformity with the laws of 
 Virginia. 
 Witness my hand and seal of the said court, oa this day 
 
 [Seal of court.] of , 18 . W F T, Clerk. 
 
 When a commissioner of deeds takes an acknowledgment, &c., 
 his certificate is as follows : 
 
 Form of achnowledgmjeni hy hushand and ijoife, taken hy a eommis'- 
 sioner of deeds for Michigan. 
 
 State of Virginia — County W > ss : 
 
 On this ' day of , one thousand eight hundred and 
 
 sixty ) pereoaally caijae the, abovenaiaed Ai B, and Jane B his 
 
,230 PRACTICAL POBMS. 
 
 wife, known to me to be tlie persons wto executed the foregoing 
 instrument, and acknowledged the same to be their free act and 
 deed. And the said Jane B, wife of the said A B, being by me 
 privately examined, separate and apart from her husband, ac- 
 knowledged that she executed the same freely, and without any 
 fear or compulsion from any one. 
 Witness my hand and seal of office. 
 
 [S^al of office.] E D, Oomm'r of deeds 
 
 For Michigan. 
 
 Foe Minesota. 
 
 Form of acknowledgment, dec. hy husband and wife, for Minesota. 
 
 State of Virginia — County of , ss : 
 
 Be it known, that on the day of , A. D. 18 , 
 
 before the undersigned, personally came A B, and Jane B his wife, 
 the grantors to the foregoing and within deed from them as 
 such grantors to M N, to me known to be the identical persons 
 described, and who executed the said deed, and th|gr acknowledged 
 that they executed the said deed freely and voluntarily, for the 
 uses and purposes therein expressed. And the said Jane B, wife 
 of the said A B, in a private examination by me made, apart from 
 her said husband, acknowledged that she executed the said deed 
 freely, and without any fear or compulsion from her said husband. 
 In testimony whereof, I hereunto subscribe my name on the day 
 and year aforesaid. R M, ■ Oomm'r of deeds 
 
 For Minesota. 
 
 Before whom aohnowledgment, <£c. m,ade. When the grantor 
 lives out of Minesota, the deed may be executed according to the 
 laws of the State, &c. where the deed is executed, and the execu- 
 tion acknowledged before any judge ,of a court of record, notary 
 public, justice of the peace, or other officer authorized by the laws 
 of such State, &c. to take the acknowledgment of deeds therein, 
 or before a commissioner of deeds for Minesota. When taken by 
 any other officer than a commissioner of deeds, the deed should 
 have attached thereto a certificate o^ clerk of a court of record 
 of the county or district within whpfe such acknowledgment is 
 taken, under the seal of his office, that the person whose name is 
 signed to the certificate of acknowledgment, was, at the date there- 
 of, such officer as he is represented to be, that he believes the si^ 
 
RECORD OF WRITINaS — MINBSOTA, ETC. 231 
 
 nature of sucL. person subscribed tliereto to be genuine, and that 
 tbe deed is executed and acknowledged according to tbe laws of 
 sucli State, &c. 
 
 For Mississippi. 
 
 AcTcTiowledgment hy husband and wife, for Mississippi. 
 
 State (or Territory) of : 
 
 County (or City) of , ss : 
 
 Personally appeared 'before me, obief justice of the supreme 
 court of the United States,^ in the State (or territory) and county 
 (or city) aforesaid, A B, and C B his wife, the grantors in the 
 within indenture (or instrument) named, and severally acknow- 
 ledged the same to be their voluntary act and deed, for the uses' 
 and purposes therein mentioned. And the said C B did, moreover, 
 on a private examination, made of her by me, apart from her hus- 
 band, acknowledge that she signed, sealed and delivered the same, 
 as her voluntary act and deed, freely, without any fear, threats or 
 compulsion of her said husband. 
 
 As witness my hand and seal this day of , 18 . 
 
 [Seal.] 
 
 Before whom made. "Before any. one of the oflEcers named in 
 above form ; and when made before any of them, it seems • to the 
 writer that the certificate of a clerk, under his seal of office, is not 
 required. Also before one of the commissioners of deeds for Mis- 
 sissippi. Also before either of the following officers, viz : by the 
 judge of any inferior or county court of record, or any justice of 
 the peace of the State or territory and county where the person 
 executing the conveyance resides. When a judge of an inferior or 
 county court of record takes the acknowledgment, the certificate 
 of the clerk or register of the superior or circuit court of such 
 county, with a seal of his court thereto affixed, should be appended; 
 when the acknowledgment is made before a justice of the peace, 
 either the clerk or register of a superior or circuit court, or the 
 clerk of such inferior or county court of record of such county, 
 should app.end his certificate, with the seal of his office affixed. 
 
 'Or one of the associate justices of the supreme court of -the 
 United States; or district judge for the court of the United 
 
 States ; or judge of the supreme (or superior) court of ; or 
 
 justice of the court of 
 
232 PRACTICAL FORMS. 
 
 Form of certificate of clerk, <£c. 
 
 State (or Territory) of : 
 
 County (or City) of , ss : 
 
 I, J E, clerk of the court of for the county (or city) and 
 
 State (or territory) aforesaid, do hereby certify, that J T, whose 
 name is subscribed to the foregoing certificate of acknowledgment, 
 is and was at the time he subscribed the said certificate, a judge 
 of the court of (or a justice of the peace, as the case may be), 
 
 of the State and county aforesaid, duly commissioned, qualified and 
 acting ; that the same is his genuine signaturey and full faith and 
 credit are due to his official acts as such. 
 
 In testimony whereof, I have hereunto set my hand and affixed 
 [Official seal.] my seal of office, this , day of , IS • 
 
 J E, Clerk. 
 
 Foe Missottbi. 
 
 Acknowledgment hy husband and wife, for Missouri, 
 
 State of : County (or City), ss: 
 
 Be it remembered, that on the day of , in the year 
 
 18 , personally came before me, clerk of the court of , A B, 
 
 the wife of James B, named in the within deed as parties thereto, 
 and was by me esamined, privily and apart from her said husband, 
 and upon that examination, was made acquainted with the con- 
 tents of said deed, and thereupon acknowledged the same to be 
 her act and deed, and that she executed' the same; and the said 
 A B then and there declared to me that she relinquished her dower 
 (or released and conveyed all her right and interest) in the real 
 estate therein mentioned, freely, and without any compulsion or 
 undue influence of her husband ; the said A B being also person- 
 ally known to me to be the person whose name is subscribed to the 
 within deed (or instrument), as a party thereto (or if not known 
 to the officer, say : proved by. E F and G H, two credible witnesses, 
 to be the person whose name is subscribed to said deed as a party 
 thereto). 
 
 Taken and certified under the seal of said court, by me, this day 
 [Seal of court.] and year aforesaid. 
 
 J E, Clerk 
 
RECORD OF WRITINGS — MISSOURI, ETC. 238 
 
 Before whom made. Before any court of the United States, or 
 of any State or territory having a seal, or the cler,k of any such 
 court. Also before commissioners of deeds for Missouri. 
 
 For New Hampshire. 
 
 Achnowledgment by husband ayid wife, for New JSamvpshire. 
 
 State (or Territory) of : 
 
 County (or Town) of , ss ; 
 
 • On the day of , A. D. 18 , the above (or within) 
 
 named Alexander B, and Carpline B his wife, personally appeared 
 and acknowledged the above (or within) written instrument, by 
 them subscribed, to be their voluntary act and, deed, before me, 
 a justice of the peace (or notary, public) for the State (or territory) 
 and county (or town) aforesaid. 
 
 JAMES E, /. F. (or N. P.) 
 
 Before whom Tnade. Before a jusftce of the peace, notary public, 
 or commissioner. 
 
 Witnesses. There should be two or more attesting witnesses to 
 the deed, in addition to the certificate of acknowledgment by the 
 officer. 
 
 Foe New Jeesey. 
 
 Form, of acJenowledffTneni by husband and wife, for New Jersey. 
 
 State of : County (or City), to wit: 
 
 On this day of , Anno, Domini 18 , personally 
 
 appeared before me, Oliver P, one of the judges of the court of 
 , in the State and county (or city) aforesaid, Alexander B, 
 and Caroline B his wife, and (I being satisfied that they are the 
 grantors mentioned in the within conveyance, and having also first 
 made known the contents thereof to each of them,) they did seve.- 
 •Tally acknowledge that they signed, sealed and delivered the same, 
 as their voluntary act and' deed. And the sa.id Caroline B, on a 
 private examination apart from her husband, before me, acknow- 
 ledged that she signed, sealed and delivered the same as her volun- 
 tary act and deed, freely, without any fear, threats, or compulsion 
 of the husband. 
 Witness my hand. OLIVEE P, Judge, &c. 
 
 30 
 
234 PRACTICAL FORMS. 
 
 ■ The certificate of clerk to be appended when aotnowledg- 
 ment is taker(,by a judge of a court of common pleas. See below; 
 
 Before whom made. Before the chief justice of the United 
 States supreme court, or an associate justice of the supreme court 
 of the United States, or district judge of the s^me, or any judge 
 or justice of the supreme or superior court of any State in the 
 Union, or territory thereof, or in the District of Columbia, or judge 
 of any court of common pleas, or mayor or other chief magistrate 
 of any city in any State in the Union, or territory thereof ; or by 
 a commissioner of deeds for Ne-w Jersey. 
 
 If a judge of a court of common pleas take the acknowledgment, 
 then a certificate under the great seal of the State, or under th6 
 seal of the county court in which it is taken, that he is such judge, 
 must be approved. The certificate may be as follows : 
 
 State of : County of , set : 
 
 I, William F, clerk of the county court of said county and 
 State, do hereby certify, tiat £)liyer P, before whom the foregoing 
 acknowledgment was made, is a judge of the court of common 
 pleas of , as stated iu his above certificate, and that to all 
 
 bis official acts as such, full faith and credit are due and ought to 
 be given. 
 
 In testimony whereof, I have hereunto set my hand and affixed 
 the seal of my said court, this day 
 
 [Seal of court.] of , 18 . 
 
 WM. F, Clerk. 
 
 Fob New Yore. 
 
 Form of aclmowledgment hy husban6(, and wife, for New Yorlc. 
 
 State of : County (or City) of , to wit : 
 
 On this day of , one thousand eight hundred and 
 
 ^xty , before me, personally came William S, and Sarah his 
 
 wife, to me known to be the individuals described in and who exe- 
 cuted the fortgoing conveyance, and acknowledged that they exe- 
 ci|ited the samfe; and the, said Sarah, on a private examination, 
 .separate and apart from her husband, acknowledged that she exe- 
 cuted the same fr.eeljj, and without any fear or compulsion of her 
 ,^id husband. SAMUEL E, Judge of, &c. 
 
 I 
 
RECORD OF WRITlkfiS — ^NEW YORK, ETC. 235 
 
 _ Before whom taken. Before the chief justice, Or one of the asso- 
 ciate justices of the supreme court of the United States ; district 
 judges of the United States ; the jud:ges or justices of the supreme, 
 superior or circuit court of any State or territory within the United 
 States, and the chief judge or any associate judge of the circuit 
 court of the United States in the Distrigt of Columbia. The ac- 
 knowledgment must be taken within some place or territory to 
 which the juiisdiction of the court to which he belongs shall ex- 
 tend. Before a commissioner of deeds for New York, or before any 
 officer of the State or territory of the United States in which it is 
 taken, authorized by the laws of such State or territory to take the 
 proof and acknowledgment of deeds ; but in this last mentioned case, 
 there must be a certificate under the name and official seal of the 
 clerk or register of the county in which such officer resides, specify- 
 ing that, such officer was at the time of taking such proof or acknow- 
 ledgment, duly authorized to take the same, and that such clerk or 
 register is well acquainted with the handwriting of such officer, and 
 Terily believes that the signature to said certificate of proof and 
 acknowledgment is genuine. 
 
 Fob, Nobth' Oaeolina. 
 
 Form, of aoJcnowledgment of husband and wife, for North Carolina. 
 
 State of , day of , 18 : 
 
 Before me, James Jones, judge of the superior court of law 
 (or other court, as the case may be,) for ,■ in the State afore- 
 
 said, personally came Benjamin B and Caroline B, the bargainors 
 .in the foregoing deed (or power of attorney), and acknowledged 
 the execution thereof, she the said Caroline B being first examined 
 by me privily and apart from her husband, the said Benjamin B, 
 touching the execution thereof, and it appearing that she hath exe- 
 cuted the same freely and of her own accord, without fear or com- 
 pulsion of the said Benjamin B her husband, and that she doth 
 Toluntarily assent thereto. Let it be recorded. 
 
 JAMES. JONES, Judge, &c. 
 
 Before whom made. Before a commissioner of deeds for North 
 Carolina; before some one of the judges of the court of supreme 
 jurisdiction, or before some one of the judges of the superior courts 
 of law;, or circuit courts of law of superior jurisdiction within any 
 State, territory or district. Or before two or more commissioners 
 duly authorized to take the ackiiiOwledgment of the wife under a 
 
236 PRACTICAL FORMS, 
 
 commission issued from some court of record in the Stat^, territory* 
 or district in which the Acknowledgment is takfen. "When taken 
 before a judge, or the two commissioners before named, the certi- 
 ficate of the State or territory, or in the District of Columbia, the 
 certificate of the Secretary of State of the United States, duly 
 authenticated, must be annexed to the deed, that the judge before 
 whom the acknowledgment was taken, was at the time of taking 
 thereof one of the judges of the courts before mentioned, or that 
 the court which issued such commissions was a court of record) 
 and the person signing said commission is clerk of said oourt. 
 
 Fob Ohio. 
 
 FoTTn of achnowledgment hy husband and wife^ for Ohio} 
 
 State of : County of , sc ; 
 
 Personally appeared before me, the undersigned, on this 
 day of , 18 , James Jones, and Julia his wife, who acknow-» 
 
 ledged that they, did sign and seal the foregoing instrument, and 
 that the same is their free act and deed. And I do further certify, 
 that I did examine the said Julia Jones separate and apart from hex 
 said husband, and did then and there make known to her the con- 
 tents of the foregoing instrument, and upon that examination she 
 declared that she did voluntarily sign, seal and acknowledge the 
 same, and that she is still satisfied therewith. 
 
 EOBEET E, Notary Public. 
 
 Before ibhom made. Before a judge of the supreme court, or 
 of common pleas, a justice of the peace, notary public, mayor or 
 other presiding officer of any incorporated town or city, or before 
 any officer of the State in which the acknowledgment is taken, 
 authorized to take acknowledgments. In the latter case, annex to 
 the officer's certifi.cate of acknowledgment the certificate of the 
 clerk of the court of the county in which it is taken, under his seal 
 of office, certifying that the officer taking the acknowledgment is 
 authorized to take acknowledgments of deeds in bis State, and 
 that his signature is genuine. 
 
 ' This form may be adopted ; or a form similar to that used in 
 the State or territory in which the acknowledgment is taken. The 
 acknowledgment must be certified on the same sheet of paper on 
 which the deed is printed or written. 
 
feECORD OF ■WRITINGS — OHIO, ETC. , 237 
 
 s 
 
 Foe Pennsylvania, 
 
 ^orm of acknowledgment of husband and wife, for Pennsylvania, 
 
 State of : County of , sc : 
 
 Be it remem'bered,' that on this day of , 18 , before 
 me, James Jones, a judge (or justice) of the court of common pleas 
 (or other court), of the State and county aforesaid, personally ap- 
 peared Benjamin B, and Caroline his wife, and acknowledged the 
 above written conveyance as and for their act and deed, and de- 
 sired that the same might be recorded as such, according to law ; 
 she the said Catharine being of full age, and being by me exam- 
 ined separate and apart from her said husband, and the full con- 
 tents of said deed being by me first made known to her, did, on 
 such examination,. declare and say, that she did voluntarily and of 
 her own free will and accord, sign, seal, and without any coercion 
 or compulsion of her said husband, as of her own free act and 
 deed, deliver the said conveyance. 
 
 In testipiony whereof, I have hereunto set my hand and caused 
 the seal of my said couft to be affixed, this day and year aforesaid. 
 JAMES JONES, Judge. [Seal of court.]. 
 
 Before whom taken. Before one or more of the judges or jus- 
 tices of the supreme court of the United States, or before a jud^e 
 of the district court of the United States, or before any one~ of the 
 judges or justices of the supreme or' superior court, or courts of 
 common pleas of any State or territory in the United States, or 
 before any one of the judges or/ justices of a court of probat, or 
 court of record of any State or territory in the United States, or 
 before a commissioner of deeds for Pennsylvania. 
 
 Fob, Ehode Island. 
 
 Form of acknowledgment hy husband and wife, for. Rhode Island, 
 
 State of : day of , 18 . 
 
 City of , to wit: 
 
 Then personally appeared the within named Benjamin B 
 (grantor), and acknowledged the within instrument to be his volun- 
 tary act and deed, hand and seal ; and, at the same time personally 
 appeared the within named Caroline B, wife of the said Benjamin 
 
238 PRACTICAL FORMS. 
 
 B, and being examined by me privily and apart from ber said bus- 
 band, and tbe said instrument being tben sbown to ber by me, sbe 
 tbe said Caroline B tben and tbere acknowledged tbe same to be 
 ber free and voluntary act and deed, hand and seal, and tbat sbe 
 did not wisb to retract tbe same. Before me. 
 
 WILLIAM W. (Style of officer.) 
 
 Before whom taken. Before a commissioner of deeds for Ebode 
 Island. Before any judge, justice of tbe peace, mayor of a city, 
 or notary public. 
 
 Foe South Caeolina. 
 
 1 Form of acknowledgment for South Carolina. 
 
 State of , County: 
 
 Personally appeared before me, James Jones, commissioner, 
 &c:, on tbis day of , Anno Domini 18 , Benjamin B, tbe 
 
 grantor in tbe witbin instrument of conveyance named, and ac- 
 knowledged tbat be did sign and seal and deliver tbe same, fox tbe 
 uses and purposes therein mentioned. 
 
 BENJAMIN B, Grantor. 
 
 Acknowledged and sealed before me, the day and year aforesaid. 
 
 JAMES JONES, [Seal.] 
 Commissioner of deeds for South Carolina. 
 
 Form of relinquishment hy married woman, for South Cwroliva. 
 
 State of , County, to wit : 
 
 I, James Jones, commissioner, &c., do certify unto all whom 
 it may concern, that Caroline B, the wife of tbe witbin named Ben- 
 jamin B, did tbis day appear before me, and upon being privately 
 and separately examined by me, did declare, that sbe does freely, 
 voluntarily, and without any compulsion, dread or fear of any per- 
 son or persons whomsoever, renounce, release, and forever relin- 
 quish unto the within named [here insert name of grantee or re- 
 leasee], bis heirs and assigns, all her interest and estate, and also 
 all ber right and claim of dower of, in or to all and singular tbe 
 premises witbin mentioned and released. 
 
 CAROLINE B. 
 
EECORD OF TTEITINGS^SOTITH CAROLINA, ETC. 239 
 
 Given under my hand and seal this day of , Anno 
 
 Domini 18 . "^ JAMES JONES. [Seal.] 
 
 Commissioner of deeds for South Carolina. 
 
 Before whom fahm. Before a commissioner of deeds for South 
 Carolina, 
 
 Foe Tennessee. 
 
 Form of axikrumledgment of husband and wife, for Tennessee, 
 
 State of ; County (or City) of , ss : 
 
 Personally appeared before me the undersigned, a nota,ry 
 public for the county (or city) aforesaid, in the State aforesaid, 
 Benjamin B, the grantor in the foregoing instrument, with whom I 
 am personally acquainted, who acknowledged that he executed the 
 said instrument 'for the purposes therein set forth and declared. 
 And Caroline B, the wife of said Benjamin- B, having also person- 
 ally appeared before me, privately and apart from her said hus- 
 band, acknowledged the execution of said deed to have been done 
 by her freely, voluntarily and understandingly, without compul- 
 sion or restraint from her said husband, and for the purpose^ therein 
 expressed. 
 
 Witness my hand and seal of office this day of , 18 . 
 
 JAMBS JONES, Notary Public. [Seal of office.] 
 
 Before whom taken. In some court of record in some one of the 
 United States, and certified to by the clerk under his seal of office, 
 and attested by the presiding judge or justice of the court ; before 
 a notary public, under his seal of office; before a judge of a su- 
 preme or superior court, who shall certify the same under his hand ; 
 and the clerk must sustain his (the judge's) official character by 
 his seal of office ; before commissionera of deeds for Tennessee. 
 
 For Texas. 
 
 Form of acknowledgment, for Texas, 
 
 State of s County of , to wit : 
 
 I, James Jones, judge of the court of , in the State 
 and county aforesaid, which is a eourt of record, do hereby certify, 
 that Charles 0, a party to a certain deed, bearing date on the 
 
240 fRACTICAL- POEMS. 
 
 day of 1 18 , and hereto annexed, personally appeared be- 
 
 fore me, in ray county aforesaid, and acknowledged the same to be 
 his act and deed, and desired me to certify the same to the clerk 
 of the county court of , in the State .of Texas, in order that 
 
 said deed may be recorded. 
 
 Given under my hand and seal this day of , 18 ' . 
 
 JAMES JONES, Judge. [Seal.] 
 
 Jl^-Add certificate of clerk. See below. 
 
 Form of achnowledgrrmd hy wife, for Ttxas. 
 
 . State of : County of . , ss : 
 
 Before me, Janies Jones, judge of the court of , 
 
 in the State and county aforesaid, which is a court of record, per- 
 sonally appeared Caroline 0, wife of Charles C, parties to a certain 
 deed or writing, bearing date on the day of , and hereto 
 
 annexed, and having been examined byme privily and apart from 
 her husband, and having the same fully explained to her, she the 
 said Caroline C acknowledged the same to be her act and deed, 
 and declared that she had willingly signed, sealed and delivered the 
 same, and that she wished not to retract it, to- certify which, I 
 hereto sign my name and affix my seal, this day of , 
 
 A. D. 18 . JAMES JONES, Judge. [Seal.] 
 
 ^©"•Add certificate of clerk. See below. 
 
 Certificate of cleric to judge's official charadev. 
 
 State of : County of , ss : 
 
 I, William Ej clerk of the court of , in the county 
 
 and State aforesaid, do certify, that James Jones, whose name is 
 subscribed to the foregoing certificate, is, and was at the time he 
 subscribed the same, judge of the said court, duly commissioned, 
 qualified and acting, and that full faith and credit are due to his 
 ofiicial acts as such. 
 
 In witness whereof, I have hereunto signed my name and affixed 
 the seal of the said court, this day 
 
 [Seal of cpurt.] of , A. D. 18 . . 
 
 WILLIAM R, Clerk. 
 
RECORD OF WRITINGS — TEXAS, ETC. 241 
 
 Before vihom taken. Before a commissioner of deeds for Texas ; 
 before any judge of a court of record having a seal, in aiiy of t^e 
 States or territories of the United States. 
 
 Foe Vesmont. 
 
 Form, of acknowledgment of hiisband and wife, for Vermont. . 
 
 State of : County (or City) of , to wit : 
 
 At , in the State aforesaid, on the day of , 
 
 18 , personally appeared before me the undersigned, Benjamin B, 
 signer and sealer of the within deed, and acknowledged that he 
 had signed, sealed and delivered the same for the purposes therein 
 mentioned ; and at the same time also personally appeared Caroline 
 B, the wife of the said Benjamin B, likewise a party to the within 
 deed, who being by me examined privily and separate from her 
 husband, acknowledged that she did, voluntarily and freely, with- 
 out any fear or compiilsion of her said husband, sign, seal an'd de- 
 liver the same for the purposes therein mentioned. Before me, 
 
 JAMES JONES, [Style of officer.] 
 
 Before whom taken. Before a commissioner of deeds for Ver- 
 mont; before a justice of the .peace, magistrate, or notary public 
 within the United States. 
 
 Foe Vieginia. 
 
 Form of acknowledgment, for Virginia. 
 
 State of : County (or Corporation) of , to wit: 
 
 I, James Jones, a notary public for the county .(or corpora- 
 tion) aforesaid, in the State of , do. certify, that Eobert H, 
 whose name is signed to the writing above (or hereto ajinexed), 
 bearing date oA the day of , hath acknowledged the same 
 before me, in my county (or corporation) aforesaid. 
 Given under my hand this day of , 186 . 
 
 JAMES JONES, N. P. 
 
 Form of relinquishment hy rnarried woman, for Virginia. 
 
 State of. : County (or Corporation) of , to wit : 
 
 We, James Jones and Samuel Smith, notaries public for the 
 county (or corporation) aforesaid, in the State of Virginia, do cer- 
 31 
 
242 PRACTICAL FORMS. 
 
 tify, that Caroline H, the wife of Eobert H, whose names are signed 
 to the writing above (or hereto annexed), bearing date on the 
 day of , 18 , personally appeared before us in the county 
 
 (or corporation) aforesaid' and being examined by us privily and 
 apart from her said husband, and having the writing aforesaid fu.lly 
 explained to her, she the said Caroline H acknowledged the said 
 writing to be her act, and declared that she had willingly executed 
 the same, and does not wish to retract it. 
 
 Given under our hands this day of , 186 . 
 
 JAMES JONES, N. P. 
 
 SAMUEL SMITH, N. P. 
 
 Before whom taken. An acknowledgment by other than a mar- 
 ried woman may be taken, in the State of Virginia, before the clerk 
 of the court of any county or corporation, or before the court itself, 
 or before a justice of the peace or notary public ; beyond the State 
 of Virginia, and in the United States, before the clerk of any court, 
 or before a justice of the peace or notary public within the United 
 States, or before a commissioner of deeds for Virginia ; beyond the 
 United States, before any minister plenipotentiary, charge d'affaires, 
 consul general, consul,, vice-consul or commercial agent appointed 
 by the government of the United States to any foreign country 
 (under his official seal), or of the proper officer of any court of 
 such country, or the mayor or other chief magistrate of any city, 
 town or corporation therein, under official seal. 
 
 Married woman. An acknowledgment or relinquishilient of a 
 married woman may be taken, in the State of Virginia, before the 
 clerk of the -court of any county or corporation authorized to ad- 
 mit the writing to record, or before the court itself, or before two 
 justices of the peace (present at the feame time), or before two nota- 
 ries public (present at the same time) ; beyond the State of Virginia, 
 and in the United States, before two justices of the peace (who shall 
 be present together),, or before two notaries public (who shall be 
 present -together), or before a commissioner of deeds for Virginia ; 
 beyond the United States, before any minister plenipotentiary, 
 charge d'affaires, consul general, consul, vice-consul or commercial 
 agent appointed by the government of the United States to any 
 foreign country, or before any. court of such country, or the mayor 
 or other chief magistrate of any city, town or corporation therein, 
 under the official seal of the officer taking tha acknowledgment or 
 ^relinquishment. 
 
record of writings — wisconsin, etc. 243 
 
 Foe "Wisconsin. 
 Form of achnowledgment, for Wisconsin. 
 
 State of : County (or Corporation) of , to wit : 
 
 I, James Jones, a notary public for the county (or corpora- 
 tion) aforesaid, in the State of , do certify, that Eobert H, 
 whose name is signed to the writing above (or hereto annexed), 
 bearing date on the day of , hath acknowledged the same 
 before me, in my county (or corporation) aforesaid. 
 Given under my hand this day ,of , 186 . 
 
 JAMES JONES, ^ N.. P. 
 
 Form of relinquishment hy married woman, for Wisconsin. 
 
 State of : County (or Corporation) of , to wit : 
 
 "We, James Jones and Samuel Smith, notaries public for the 
 county (or corporation) aforesaid, in the State of Wisconsin, do cer- 
 tify, that Caroline H, the wife of Eobert H, whose names are signed 
 to the writing above (or hereto annexed), bearing date on the 
 day of , 18 , personally appeared before us in the county 
 
 (or corporation) aforesaid, and being examined by us privily and 
 apart from her said husband, and having the writing aforesaid fully 
 explained to her, she the said Caroline H acknowledged the said 
 writing to be her act, and declared that she had willingly executed 
 the same, and does not wish to retract it. 
 
 Given under our hands this day of , 186 . 
 
 JAMES JONES, N. P. 
 
 SAMUEL SMITH, N. P. 
 
 1S&^ Add certificate of clerk, as on p. 244. 
 
 It will be noticed that the forms just given are the same as those ■ 
 given under the title Virginia. They have been drawn thus, in 
 order, in Virginia, to comply with the Wisconsin statute, whict 
 declares that " all deeds and conveyances of lands, tenements and 
 hereditaments, situate, lying and being within this territory [State],, 
 which shall hereafter be inade and executed in any other territory. 
 State or country, whereby such lands, &c. shall be conveyed, in 
 whole or in part, or otherwise affected or encumbered in law, shall 
 be acknowledged or proved and certified according to and in con- 
 
244 PRACTICAL FORMS. 
 
 formity with the laws and usages of the territory, State or coantry 
 in which deeds or conveyances were acknowledged and proved." 
 It is safer,' when the acknowledgment is not taken by a commis- 
 sioner of deeds, to append the following : 
 
 Certificate of cleric of county court. 
 
 State of : County of , set: 
 
 I, William F, clerk of the county court of , do certify, that 
 James Jones (or in case of relinquishment of dower, or acknowledg' 
 ment by married woman, say, James Jones and Samuel Smith), who 
 hath (or have) taken and certified the preceding acknowledgment, 
 was (or were), at the time of taking and certifying the same, a no- 
 tary public (or notaries public) for the county aforesaid, in the said 
 State, and duly authorized by the laws of ihe said State to take 
 and certify acknowledgments (or relinquishments of dower and 
 other estate, on the part of married women) to deeds conveying 
 lands ; and that his (or their) said certificate is in due form. 
 In witness whereof, I have hereto set my hand and affixed the 
 seal of said court, this day of , 
 
 [Seal of court.] A. D. 18 . 
 
 WILLIAM F, Clerk. 
 
 Before whom taken. Before a commissioner of deeds for Wis- 
 consin; before officers authorized to take acknowledgments to 
 deeds, for record in the State or territory in which the acknow- 
 ledgment is taken. 
 
 ' Since the forms of deeds in the several States were j)rinted, 
 the following form of deed, with general warranty, for Wisconsin, 
 has been furnished, the writex : 
 
 Form of deed, ■with general warratdy, for Wisconsin. 
 
 This indenture, made the day of , in the year of our 
 
 Lord , between of the first part, and of the 
 
 seppnd part : Witnesseth, that the said party of the first part, for 
 and in consideration of the sum of , in hand paid by the 
 
 said party of the second part, the receipt whereof is hereby con- 
 fessed and acknowledged, has given, granted, bargained, sold, re- 
 mised, released, aliened, conveyed and confirmed, and by these 
 presents doth give, grant, bargain, sell, remise, release, alien, con- 
 
RECORD OF WEITINGS — WISCONSIN. 245 
 
 vey and confirm unto- the said party of the second part, and to 
 his heirs and assigns, forever, all of the following described real 
 estate, &c. &c., together with all and singular the hereditaments 
 and appurtenances thereunto belonging, or in any wise apper- 
 taining ; and all the estate, right, title, interest, claim or demand 
 whatsoever, of the said party of the first part, either in law or 
 equity,, either in possession or expectancy, of, in, or to the above 
 bargained premises, and their hereditaments and appurtenances. 
 
 To have and to hold the said premises, as above described, with 
 the hereditaments and appurtenances, unto the said party of the 
 second part, and to his heirs and assigns, forever. 
 
 And the said parties of the first part, for themselves, their heirs, 
 executors and administrators,^ do covenant, grant, bargain and 
 agree, to and with the said party of the second part, his heirs and 
 assigns, that at the time of the ensealing and delivery of these pre- 
 sents, they are well seized of the premises above described, as of 
 a good, sure, perfect, absolute and indefeasible estate of inheritance 
 in the law in fee simple, and that the same are free and clear from 
 all incumbrance whatever, and that the above bargained preniises 
 in the quiet and peaceable possession of the said party of the second- 
 part, his heirs and assigns, against all and every person or persons 
 lawfully claiming the whole or any part thereof, they will forever 
 warrant and defend. 
 
 In witness whereof, &c., have set their hands and seals the 
 
 day and year first above written. 
 
 Signed, sealed and delivered in ") -■ [Seal.] 
 
 presence of John Smith, > , ria„„i n • 
 Thomas Jones, j "^ L^eal.J 
 
246 PEACTICAL FOEMS. 
 
 XXIV. • 
 
 EELEASES .OR DISCHAEOES. 
 
 A general release or discharge from one to one. 
 
 Know all men by these presents, tiiat I, A B of , for and 
 
 in consideration of th.e sum of dollars, lawful money of tlie 
 
 United States, to me in hand well and truly paid by B of , 
 
 have remised, released and forever discharged, and by these pre- 
 sents do, for me, my heirs, executors and administrators, remise, 
 release and forever discharge the said B 0, his heirs, executors and 
 administrators, of 'and from all and all manner of action and ac- 
 tions, cause or causes of actions, suits, debts, dues, sum and sums 
 of money, accounts, reckonings, bonds, bills, specialties, covenants, 
 contracts, controversies, agreements, promises, variances, damages, 
 judgments, extents, executions, claims and demands whatsoever, 
 in law and equity, which, aga;inst the said B C, I ever had, now 
 have, or which I, my heirs, executors or administrators, hereafter 
 can, shall or may have, for, upon, or by reason of any matter, cause 
 or thing whatsoever, from the beginning of the world to the day 
 of the date of these presents. 
 
 In witness, &c. (as before, on page 48). 
 
 [Seal.] 
 
 Release to a guardian. 
 
 Know all men by these presents, that A B of (son and heir 
 
 of , deceased), hath remised, released and forever quit-claimed, 
 
 and by these presents doth remise, release and forever quit-claim 
 unto D of , his guardian, all and all manner of action and 
 
 actions, suits, reckonings, accounts, debts, dues and demands what- 
 soever, which he the said A B ever had, now hath, or which he, 
 his executors or administrators, at any time hereafter can or may 
 have, claim or demand against the said D, his executors or ad- 
 ministrators, for, touching and concerning the management and 
 disposition of any of the lauds, tenements and hereditaments of 
 the said A B, situated in , or any part thereof, or for or by 
 
RELEASES OR DISCHARGES. 247 
 
 reason of any moneys, rents or profits by him received out of tlie 
 same, or any payments made thereout during the minority of the 
 said A B, or by reason of any matter, cause or thing, whatsoever, 
 relating thereto, from the beginning of the world to the day of the 
 date hereof. 
 
 In witness, &c. (as before, on page 24). 
 
 • [Seal.] ;■ 
 
 Release from, creditors to a debtor, under a oomposition. 
 
 To all men to whom these presents shall come, we who , have 
 hereunto' set our hands and seals, creditors of A B of , , send 
 greeting : Whereas the . said A B is indebted to us, his said cre- 
 ditors, in several sums of money, which he is not able fujly to 
 satisfy and discharge, we therefore have agreed, and do hereby 
 agree, to accBpt of the sum or value of dollars, good and 
 
 lawful money, of the United States, in full payment and satisfac- 
 tion of all the debts owing to us, respectively, at the; date hereof, 
 by and from the said A B, which is paid- and delivered by or for 
 the said A B, to C and. E, or one of them, creditors also, for the 
 use of, and to the intent that the same may be shared and divided 
 amongst us, his creditors, in proportion and according to the debts 
 to us severally due and owing : Now, therefore, know ye, that for 
 the consideration aforesaid, we, the said creditors, who have here- 
 unto set our hands and seals, each for himself, his heirs, executors 
 and administrators, do by these presents remise, release and for- 
 ever discharge the said A B, his heirs, executors and administra- 
 tors, of and from our said severj-l debts, and all and all manner of 
 action and actions, suits, reckonings, accounts, debts, dues and de- 
 mands, in law or equity, which, against the said A B, each and 
 every of us, the said creditors, now hath, orwhich each and every 
 of our heirs, executors or administrators, respectively, hereafter, 
 may have claim or demand for, upon or by reason of the said seve- 
 ral and respective debts to us severally due and owing, or for, or 
 by reason of any other matter, cause or thing whatsoever, from' the 
 beginning of the world to the day of the date of these presents. 
 
 Witness, &c. (as before,, on page 308). 
 
 [Seal.].. 
 
248 PRACTICAL FORMS. 
 
 JRelease or confirmation (Jy endorsemeni) of a deed iy an infant, on 
 his coming of age, who had been made a party thereto during his 
 minority. 
 
 Whereas the within named E did, on or about the day of 
 
 last past, attain the age oi twenty-one years : and whereas 
 the within named F hath this day. paid to the within named J C 
 and E (or one of them) the sum of dollars, good and lawful 
 
 money of the United States, within mentioned to have been re- 
 tained by the eaid F, out of the within mentioned sum of 
 dollars, of lawful money as aforesaid, the consideration of the 
 within written indenture of conveyance, and also the sum of 
 dollars, for interest of the said sum of dollars (so retained by 
 
 the said F, as aforesaid), after the rate of dollars for each 
 
 hundred dollars, by the yepr, from the day of the date of the within 
 written indenture, which they the said J and E C do hereby re- 
 spectively acknowledge : And whereas the said E G, in pursuance 
 of the covenants in the within written indenture entered into by 
 the said J 0, on the part of the said E C, to be performed, and also 
 in consideration of the said sum of dollars, good and lawful 
 
 money of the United States, with the interest thereon as aforesaid, 
 so paid to the said J and E C (or one of them) as aforesaid, hath 
 duly sealed and delivered the said within written indenture, and 
 hath also subscribed his name to the receipt for the consideration 
 money hereon endorsed, and hath agreed to ratify and confirm the 
 same indenture, in manner hereinafter mentioned. And the said 
 F, in consideration of the said E G having executed the said inden- 
 ture, and of his ratifying and confirming the same, hath agreed to 
 release the said J' G of and from the covenants so entered into by 
 him as aforesaid, in manner hereinafter expressed : Now, therefore, 
 these presents witness', that in consideration of the said agreement 
 on the part of the said J G, he the said E G hath ratified and con- 
 firmed, and by these presents doth ratify and confirm the said 
 within written indenture, so executed by him the said E as afore- 
 said, aiid every article, clause and thing therein contained. And 
 the said G F, in consideration of the said agreement on his part to 
 be performed, hath released and forever discharged, and by these 
 presents doth release and forever discharge the said J G, his execu- 
 tors and administratprs, of ^nd from the within mentioned cove- 
 
SBPAKATIONS. 249 
 
 / 
 
 nants, so entered into by him the said J as aforesaid/and of and 
 from all action and actions, suit and suits, cause and causes of ac- 
 tion, and suit, claim and demands whatsoe-^r, in respect thereof, 
 or for compelling the performance thereof, or otherwise, howsoever. 
 In witness whereof, &c. (as before, on page 22). 
 
 " [Seal.] 
 
 XXV. 
 
 SEPARATIOISrS. 
 
 Deed of eeparation between a man and his wife, where' the hmband 
 allows the wife an annuity. 
 
 This indenture, made the day of , in the year ,'.te- 
 
 tween A B of , of the one part", and D E of • , and 0, 
 
 wife of the said A B, of the other part :. Whereas some unhappy 
 differences have lately arisen between the saidA B, and his wife, 
 and they have mutually agreed to live separate and apart from 
 each other, and previous to such separation, he, the said A B hath 
 consented thereto, 'and also proposed and agreed that he, out of 
 his own proper moneys, would allow and pay the said 0, his wife, 
 during the term of her natural life, for her better support and 
 maintenance, the annuity or yearly sum of dollars, clear of ■ 
 
 all taxes, charges and deductions Whatsoever, payable to, her , in 
 such manner as hereinafter mentioned (subject, nevertheless, to' 
 the proviso hereinafter contained, respecting tie payment of the 
 said annuity). And also, that in case the said his wife should 
 die before the said A B, that then the said A B shouldpay her 
 ' executors or administrators the sum of dollars towards de- 
 
 fraying her funeral charges : Now, this indenture witness'eth, that 
 the said A B, in pursuance of his aforesaid proposal arid , agree- 
 ment, doth hereby, for himself, his exfeoutors and administrators, 
 alid for every of thein, covenant, promise and agree; to and witli' 
 the said D E, his executors,, administrators and assigns, in manner 
 and form following (that is to say) : that it shaU andmaybe'lawful 
 32 
 
260 PRACTICAL FOKMS. 
 
 to and for the said 0, his wife, and that he the sai(i A B shall 
 and will permit and suffer her the said 0, from time to> time, and 
 at all times from henceforth, during her natural life, to live sepa- 
 rate and apart from him, and to reside and be in such place and 
 places, and family and families, and with such relations, fri^ndsand 
 other persons, and to foUpw and carry on such trade and. business 
 as she the said C, from time tO'time, at her will and pleasure (not- 
 withstanding her present coverture, and as if she was a feme sole, 
 and unmarried), shall think fit. And that the said A B shall not 
 nor will, at any time or times hereafter, sue, molest or trouble her 
 for so living separate and apart from him, or any other person or 
 persons whatsoever, for receiving, harboring or entertaining her, 
 nor shall nor will, without the consent of the said C, visit her, or 
 knowingly come into any house or place where she shall or may 
 dwell or reside, or be ; or send or cause to be sent any letter or 
 message to her, nor shall or will, at any time hereafter, claim or 
 demand any of the moneys, rings, jewels, plate, clothes, linen, 
 woollen, household goods or stock in trade, which the said now 
 hath in her custody, power. or possession, or which she shall or 
 may hereafter buy and purchase, or which shall be devised or 
 given to her, or she shall otherwise acquire, and that she shall and 
 may enjoy and absolutely dispose of the- same, as if she were a 
 f&me sole, and unmarried. And ijnrther, that the said A B, his 
 executors or administrators, or some one of them, shall and will 
 well and truly pay, or cause to be paid unto the said his wife, 
 or her assigns, during the term of her natural life, for and towards 
 her better support and maintenance, one annuity or yearly sum of 
 dollars, good and lawful money of the United States, free 
 and clear of all charges, taxes and deductions whatsoever, the said 
 annuity or yearly sum of dollars, to be paid and payable to 
 
 her the said 0, and her assigns, during her natural life, at or upon 
 the , quarterly days of payment (that is to say) : on the 
 day of , the day of , the day of , and 
 
 the day of , or within ten days next after each of the 
 
 said quarterly days of payment, in four equal shares or propor- 
 tions, the first quarterly payment to begin and be made on the ' 
 day of : which said sum of dollars, paid annually 
 
 unto the said 0, in manner aforesaid, she the said doth hereby 
 agree to accept and take in full satisfaction for her support and 
 
SEPARATIONS. . 251 
 
 maintenance, and all alimony whatsoever, during Her coverture : 
 Provided, always, and it is hereby expressly agreed and declared 
 by and between all the parties hereunto, and'the true intent and 
 meaning of them, and of these presents, is and are, that in case 
 he the said A B, his executors or administrators, shall at any 
 time hereafter be obliged to, and shall actually pay any debt 
 or debts which she the said C, his wife, shall, at any time here- 
 after, during her present coverture, contract , with any person 
 or persons whatsoever, that then and in such case it shall and 
 may be lawful to and for the said A B, his executors and ad- 
 ministrators, to deduct, retain and reimburse to- him and them- 
 selves, out of the said annuity or yearly Sum of dollars, 
 so hereby made payable to her the said 0; as aforesaid, all and 
 every such sum and sums of money as he and they shall be 
 obliged to and shall so actually pay, for or on account of any such 
 debt or debts, to be by her the said C, at any time hereafter, so 
 •contracted as aforesaid, together with all costs, Charges and dam- 
 ages wHch he or they shall or may pay ox sustain on account 
 thereof, anything herein Contained to the contrary notwithstanding. 
 In -vfitness, &c. (as before, on page 1€). 
 
 ^ — [Seal.] 
 
 [Seal.] 
 
 Deed of separation, where the husband gives to the wife all the estate 
 he was entitled to 5y the marriaffe. 
 
 Articles of agreement, had, made and entered into, this day 
 of • , in the year , between D A of , of the one part, 
 
 and C (for and dn beKalf of F A, the wife of the said DA), of 
 the other part : Whereas the Baid D A, byvirtue of his marriage 
 Tpith the said F, and of several deeds and settlements made by 
 .her, and others for and on her behalf, is seized of or entitled to 
 divers messuages, lands, tenements and hereditaments, of a very 
 considerable value, and is likewise possessed of some jewels, plate, 
 furniture and other goods and chattels, which before their inter- 
 marriage belonged to and were the estate and property of the said 
 F : And whereas the said D A and F have by mutual/ coUsent 
 agreed to live separate and apart, and to the intent that the said 
 F may maintain and support herself in a manner suitable to her 
 
252 PRACTICAL FORMS. 
 
 rank and quality, lie tlie said D A hatli agreed to convey, surren- 
 der and yield up all the estates and effects, both real and personal, 
 which he is now, or at any time or times hereafter shall, be, seizted 
 or possessed of, or in any wise entitled to, in right of the said F, 
 or by or from or under her ; to be held and enjoyed by her from 
 henceforth, to her sole and separate use, and to be at all times 
 fully and absolutely at her disposal, as if she were sole and un- 
 married, without being subject to his debts, incumbrances or con- 
 trol, or to any claim or demand by, from or under the said D A, 
 on any account whatsoever : Now, for the more effectually carry- 
 ing the said agreement into execution, he the said D A, doth here- 
 by, for himself, his heirs, executors and administrators, covenant, 
 promise and agree, to and. with the said C C, his heirs, executors 
 and administrators, in manner followiiig (thgt is to say) : that he 
 the said D A, and his heirs, shall and will, from time to time, and 
 at all times hereafter, at and upon the request, costs and charges 
 in law of thg said C 0, his heirs, executors or administrators, well 
 and sufficiently grant, convey and assure iinto the said C 0, his 
 heirs, executors, administrators and, assigns, and permit him and 
 them to take and receive the rents, issues and profits of all the 
 said messuages, lan^s, tenements and hereditaments, and all the 
 right, title and interest which he the said D A hath, in possession, 
 reversion or expectancy, of, in and to the same, and all rents. and 
 arrears of, rent, and other profits and advantages whatsoever, which 
 are now due and owing, or accruing to the said D A, or which may, 
 at all or any times hereafter arise or become due to him out of or 
 for the same, or any part thereof, from any person or persons what- 
 soever. And also that he, the said D A, his executors or adminis- 
 trators, shall and will bargain, sell, assign, transfer and deliver to 
 the said C 0, his executors, administra,tors and assigns, all jewels, 
 plate, household goods, furniture, and all other goods and chattels 
 whatsoever, now remaining in the possession of the said D A, or 
 any other person or persons in trust for him, or for his benefit, which 
 he became seized or possessed of, or entitled to, by his intermar- 
 riage with the said F, or otherwise, by, from or under her, or which 
 were at any , time her property or estate, and all the estate, right, 
 title, interest, property, claim and demand of him the said D A 
 in and to the same, or any part thereof, free and clear from the 
 debts, incumbrances and engagements of the said D A, And fur- 
 
SEPARATIONS, 253 
 
 tier, that it shall and may be lawful to and for the said F, her 
 heirs, executors, administrators and assigns, from time to time, and 
 at all times hereafter, to have, hold and enjoy, to and for their 
 own sole and separate use, all and singular the said messuages, 
 lands, tenements and hereditaments, and all rents and arrears of 
 rent, and other profits and advantages now due or accruing to him 
 the said D A, or which shall hereafter grow due .or accrue, for or 
 in respect of the same, from any person or persons whomsoever; 
 and also all and every the said jewels, plate, furniture, goods and 
 chattels. And moreover, that it shall and may be lawful to and 
 for the said F, notwithstanding her coverture, and she is hereby 
 authorized and empowered, from time to' time, and at all times, 
 freely and absolutely, to dispose of all or any of the jiremises, at 
 her will and pleasure, either in her lifetime, or by any writing 
 purporting to be her last will and testament, without the control, 
 or any let, molestation or denial from or by him, the said D A, or 
 any other person or persons claiming; or to claim, by, frpm, or 
 under him, and as fully and amply as if she were sole and unmar- 
 ried. And that he, the said D A, his executors and administrators, 
 shall and will permit and suffer the probate of such will, by the 
 executor or executors thereof. And in consideration of the pre- 
 mises,/the said O.for and on behalf of the said F, doth covenant 
 and promise, to and' with the said D A, his heirs, executors, admin- 
 istrators and assigns, that she, the said F, shall and will, at any 
 time when thereunto requested by the said D A and his heirs, 
 assign, release, surrender and give up all, right and title which she, 
 the said F, hath, or may have to any jointure, dower, or thirds, 
 in to or out of the estate, /eal or personal, of the said D A, or any 
 part thereof. And likewise, that she, the^ said F, her heirs, execu- 
 tors and administrators, shall and will indemnify and save harm- 
 less the said D' A, his heirs, executors and .administrators, from all 
 debts, charges "and incumbrances, contracted, or to be contracted 
 by her, the said F, at any time, or upon an/ account whatsoever. 
 And lastly, the said several parties hereunto do mutually promise 
 and agree, to and with each other, to sign, seal aijd execute all 
 such other deeds and conveyances, for the better confirming and 
 executing' the several articles aforesaid, according to the true 
 intent and meaning thereof, as by their, or any of their counsel 
 shall be advised or devised and required, and at guch time or times 
 
254 PRACTICAL FORMS. 
 
 as either of the said parties shall tender and require the same to 
 be signed and executed. 
 
 In witness^ &o. (as before on page 16). 
 
 [Seal.] 
 
 XXVI. 
 
 SETTLEMENT. 
 
 Marriage settlement o/" a wife's fortune to her iise, as a sepaa-ate and 
 distinct estate^ 
 
 An indenture tripartite, made and entered into this day of 
 
 , , in the year , between A B, of , of the first part, 
 
 D, of , of the seoopd part, and H K, of , of the third 
 
 part. Whereas the said D is seized and possessed of certain 
 lands, tenements and hereditaments, situate, lying and being in 
 ; ■ and whereas a marriage is agreed upon, and intend-ed to 
 be shortly had and solemnized by and between the said A*B and 
 C D ; and whereas, it was agreed upon, by and between the' said 
 A B and G D, that the said C D should, notwithstanding her in- 
 tended marriage, have, hold, enjoy and poBsess all her said property 
 above described, with all and every the rights, titles, interests, and 
 profits of, to, in and out of the same ; free and separate from all 
 the claims or demands of the said A B,,aTising from th« consum- 
 mation of the above marriage. And whereas, the said D hath 
 relinc[uished, discharged and forever quit-claim to all and every 
 part of the property, real and personal, of him, the said A B, to 
 which she, the said D, might, on the perfecting of th« above • 
 marriage, be entitled to, by virtue of dower, or in any other way 
 however. Now, this indenture witnesseth, that in consideration 
 of the said intended marriage, and in pursuance and perfecting of 
 the said hereinbefore mentioned agreements, and in consideration 
 of the sum of dollars, good and lawful money of the United 
 States, to the said G D in hand paid bjr the said H K, at or be- 
 fore the sealing and delivery of these presents, the receipt whereof 
 
SBTTLEMISNT. 255 
 
 is hereby acknowledged,, she, the said D, with the consent and 
 approbation of the said A B, testified by his being a party to, and 
 sealing and delivering these presents, hath bargained, sold, as- 
 signed, transferred and set over, and by these presents doth bar- 
 gain, sell, assign ,-trajisfer, and set over unto the said H K, hia, 
 executors, administrators and assigns, all [here describe the pro- 
 perty] to have and to hold the said property hereby conveyed 
 unto the said H K, his executors, administrators and assigns. 
 But nevertheless, upon the trusts, and for the intents and pur- 
 poses hereinafber expressed and declared of and concerning the; 
 same. That he, the said H K, his executors, administrators or 
 assigns, shall hold and manage the said property,, and all and, 
 every part and parcel thereof, to and for the sole and separate; 
 use, benefit and disposal of the said D, her said marriage not- 
 ■ withstanding. And that the same, in no manner whatsoever, shall 
 be subject to -the direction, control or disposition of him, the said 
 A B, her intended husband,, or be liable for his debts. And upon 
 this further trust, that he, the said H K, his executors or admin- 
 istrators, shall and will pay, transfer, or deliver unto the said 
 D, or unto su,ch persou or persons, and at such time and times, 
 and in such proportions, manner and form,. as she, the .said, D, 
 may direct, by her request or order, made in writing, attested by 
 three or more credible witnesses, all the rents, issues and profits' 
 of the said property, so conveyed as aforesaid. And that all 
 the said separate and distinct estate, and the produce and increase 
 thereof, shall be had, taken, held and enjoyed by such person and 
 persons, and for such use and uses, as the said D shall at any 
 time or times hereaf1;er, during her life, limit, devise, order or dis- 
 pose of the same, or any part thereof, either by her last will and 
 1;estament in writing, or by any other writing whatsoever, signed 
 with her hand, in the presence of two or more credible wit- 
 nesses. And the gaid A B, for himself, his heirs, executors and 
 administrators, covenants, agrees and promises, to and with the 
 said H K, his executors, administrators and assigns, by these pre- 
 sents, in manner following (that is to say,) that if the said in- 
 tended marriage shall take effect, he, the said A B, shall and will 
 permit and suffer the said D to give, grant and dispose of her' 
 said separate estate, as she shall think fit, in her lifetime, and to 
 make such will or other writings as aforesaid, and thereby to give. 
 
256 PRACTICAL FORMS. 
 
 order, devise, limit 0,nd appoint her said separate estate, to any 
 person or persons, for any use, intent or purpose whatsoever; 
 and that he the said A B, shall and will permit and suffer such 
 will, hereafter to be made by the said C D, to be duly proven by 
 the executors in such will named or to be named, and probate of 
 such will to be had and taken as usual; and that the person or 
 persons to whom the said C D shall give or dispose any part of her 
 said separate estate, by her will, or any other writing that shall 
 be signed, sealed and executed by her - in the presence of two or 
 more credible witnesses as aforesaid, shall and lawfully may, 
 peaceably and quietly have, hold, use, occupy, possess and enjoy 
 the same, according to the true meaning of such gift, devise or ap- 
 pointment, without any hindrance or interruption of or by the said 
 A B, his executors, administrators or assigns, or any of them; and 
 that he, the said A B, shall and will, from time to time, and at all 
 times from and after the said intended marriage shall take effect, 
 upon every reasonable request, and at the proper cost and charges 
 of the said H K, or his executors and administrators,' make, do 
 and execute all and every^ such further act and acts, thing and 
 things, for the better settling, recovering and receiving the mo- 
 neys, goods and estate, of the said D, allotted and declared for 
 her separate use, benefit and disposal as aforesaid, as by the said 
 H K, or his executors and administrators, or their, or any of their 
 counsel learned in the law, shall be reasonably devised, advised or 
 ■or required.^ 
 
 In witness, &c. (as before on page 16.) 
 
 — ' [Seal.] 
 
 ^ See pp. 84-86 ante. The provisions in the ■ deed there found 
 may be inserted in a marriage settlement. 
 
SURRENDERS. 257 
 
 XXVII. 
 
 SURRENDEES. 
 
 Surrender of Dower. 
 
 This indenture, made and entered into this day of , in 
 
 the year , between A B, of , -widow and relict of C B, late 
 
 of , deceased, of the one part, and E B, of (son and 
 
 heir of the said B), of the other part. — ^Whereas, the said 
 B died seized of the freehold ai;d immediate inheritance of and 
 in certain tenements and premises in the , of which tene- 
 
 ments and premises the messuage and tenement hereinafter de- 
 scribed were pant, upon wboae decease, the said A B became en- 
 titled to her dower of and in the, same. And whereas, the said E 
 B, as heir of the said B, (to whom the premises before mentioned 
 descended), did, after the decease of the said B, assign all that 
 messuage and tenement situate, lying and being in , unto 
 
 the said A B, as for. and in lieu and satisfaction of her dower, and 
 all right and claim to dower of and in the several hereditaments, 
 &c., of which the said B hath been seized of the freehold and 
 inheritance from the solemnization of his marriage with the said 
 A B, to the time of his death, which the said A B accepted in full 
 satisfaction of her dower, right and claim to dower, as aforesaid. • 
 And whereas, it hath been agreed by and between the said A B 
 and E B, that the said A B should, for the considerations and pur- 
 poses hereinafter mentioned, surrender and yield up, all and singu- 
 lar the said messuage, &c., and all her estate interest and claim 
 of and to the same, unto him, the said E B. Now, this indenture 
 witnesseth, that for and in consideration of the yearly Sum of 
 dollars, good and lawful money of the United States, to be paid 
 out of and chargeable upon certain other premises of the said E 
 B, by virtue of a certain deed, &c., she, the said A B, hath sur- 
 rendered and yielded up, and by these presents doth surrender 
 and yield up unto the said E B, all that messuage and tenement 
 lying and being in , of which the said A B was entitled to 
 
 as her dower as aforesaid ; and all the estate, right, title and in- 
 33 
 
258 PRACTICAL FORMS. 
 
 terest, as well of and in the said messuage and' tenement, as also 
 of and in all and singular other the hereditaments of which the 
 said C B, Her late husband, was at any time seized during the 
 coverture between them. To have and to hold the said ' messuage 
 and tenement to him, the said E B, and his heirs, to the intent 
 that he may become actually possessed of the same, and that the 
 estate and interest of. the said A B therein, may become merged 
 and extinguished to all intents and purposes whatsoever. And 
 also, all and a,ll manner , of actions, suits, &c., which, against the 
 said E B, hisiJieirs, &c., she, the said A B, her executors, &c., hath 
 ^or have, or should or might have had or claimed, either at law or 
 in equity, on account thereof. 
 
 In witness, &c. (as before on p&ge 24). 
 
 ;— [Seal.] 
 
 Surrender of part of term of leased property — tenerrient having 
 been destroyed hyfire — hy indorsement on the lease. 
 
 Whereas, the within mentioned messuage or tenement hath 
 been lately burnt do'^m and destroyed by fire, and the within 
 named A A hath requested the within named W E to surrender 
 to him, the said A A, the site, or piece or parcel of ground where- 
 on the said messuage and tenement lately stood, for all the resi- 
 due and remainder of the said unexpired term of years, by the 
 within written indenture granted therein, to the intent that the 
 same residue may merge and be extinguished, in the estate and 
 interest of him, the said A A, in the same premises respectively, 
 which h^, the Said W E, hath consented and agreed to do. Now, 
 these presents witness, that in conipliance with the said request of 
 the said A A, and also for^and in consideration of the sum of 
 dollars, good and lawful money of the United States, to the said 
 W E in hand paid by the said A A, at or before the sealing and 
 delivery of these presents,, the receipt whereof he doth hereby 
 acknowledge, he, the said W E hath surrendered and yielded up, 
 and by these presents dpth surrender and yield up unto the said 
 A A, his exeoutprs, administratprs and 'assigns, all the said site, 
 &c., and all tjie estate, &c. To have and to hold the said site, &c., 
 and all and singular tlie other premises hefeby surrendered and 
 yielded up, or intended so to be, with their and every of their 
 
WILLS. 259 
 
 ' appurtenances, unto the said A A, his executors, administrators 
 and assigns, from hencefortli, for and. during the rest, residue and 
 remainder of the said term of years, by the within written in- 
 denture granted therein, .now to come, and unexpired, to the inr 
 tent and purpose that the same rest and residue may merge and> 
 be extinguished in the estate and interest of him, the said A A, 
 in the same premises respectively. 
 
 In witness, &c. (as before on page 24). 
 
 — — ' — — [Seal.] 
 
 XXVIIL 
 
 WILLS. 
 
 Will heqneathing portions to several children, and appointing 
 
 guardian. 
 
 In the' name of God, amen. I, T L, of do make this, my 
 
 last will and testaiiient, as follows (that is to say): My desire is, 
 to be buried with as little expense as decency will permit, and that 
 all my debts and funeral expenses be paid as soon after my de- 
 cease as conveniently may be. And I give all my messuages, 
 lands, tenements and hereditaments whatsoever, situate, lying and 
 being in , with their a,ppurtenances, unto my dear wife J L, for 
 and during her life. And from and after her decease, I give and 
 devise the same to my eldest son W L, and his heirs forever, land 
 I give all the rents which shall be due and owing to me at my 
 death, for the afotesaid messuages, lands, tenements and heredita- 
 ments herein before given to my said wife for life, and after her 
 death, to my said son W, and his heirs, unto my said wife J L, for 
 her own use. And I give and, devise all that tract, piece or par- 
 cel of land lying, in the county of , which I purchased from 
 S B, unto my son H L, and -his heirs forever. And I also give to 
 him, my said son H, all the rents which may be due and owing me 
 at tay decease, for, from and out of the same. And I give unto 
 my daughter C L, and my son E L, both minors, the sum of dol- 
 
260 PRACTICAL FOEMS. 
 
 lars each, to be paid them respectively, upon their attaining the 
 age of twenty-one years. And I give all my household goods and 
 furniture, plate, china-ware, household linen, books and prints, 
 and all the household utensils in my house in where I now 
 
 reside, and my house situate in , unto my said wife for her 
 
 own use. And as to all the rest and residue of my personal and 
 real estate and effects not hereinbefore mentioned, and which shall 
 remain after payment of my debts, funeral expenses, and the afore- 
 said specific and pecuniary legacies, I give and bequeath the same 
 to iny said son W L, and his heirs forever. And I give the cus- 
 tody, tuition and guardianship of the persons of such of my chil- 
 dren as shall be under the age of twenty-one years at the time of 
 my death,' to my said wife J L, during their respective minorities. 
 And I nominate and appoint my said wife executrix of this, my 
 last will and testament ; and my will is, and I do hereby direct, 
 that all the rent of the tract, piece or parcel of land hereinbefore 
 given to my son H L, shall be paid to his guardian, during his 
 minority, and applied for his maintenance^ education and support, 
 and that the said sum of dollars, bequeathed to my said daugh- 
 ter L, and the said sum of dollars, bequeathed to my said 
 son E L, shall be invested in stock, and the interests and di- 
 
 vidends arising therefrom, shall be paid to their guardian during 
 their minority, and applied for their maintenance, education and 
 support. 
 
 On the qualification of my wife as execfutrix of this Siy will, I 
 request and direct that no security be riequired of her. 
 
 In witness whereof, I, the said testator, T L, have hereto set my 
 hand and seal on this day of 18 . 
 
 TL.JSeal.] 
 
 Signed, Sealed, published and declared by the testator T L, as 
 and for his last will and testament, in presence .of us, who in his 
 presence, at his request, and in the presence of each other, have 
 hereunto subscribed our names as witnesses. 
 
WILLS. 261 
 
 A general form of a codicil to a will. 
 
 Whereas, I, A B, of , have made and duly executed my 
 
 last will and testament in writing, hearing date day of , 
 
 in the year . Now I do hereby declare this present writing 
 
 to be a codicil to my said will, and direct the same to be annexed 
 thereto, and taken as a part thereof, and I do hereby give and be- 
 queath, &c. ■ And I do hereby revoke all former and other codi- 
 cils by me made at any time heretofore. 
 
 In witness whereof, to this present writing, which I hereby de- 
 clare to be a codicil to my last will and testament, bearing date 
 the day of , in the year , and which I direct to be 
 
 added thereto, and to be taken as part thereof, I have set my hand 
 and seal, this day of , in the year 
 
 [Seal.] 
 
 .Signed, sealed, published and declared by the said A B, as and 
 for a codicil to his last will and testament, in the presence of 
 
 Commencement and jso^cktsion of a mmcii^iative will^ 
 
 This, the last will and testament of C D, of , written by 
 
 H B, at the request of the said C D, who, by reason of sickness, 
 was unable to write, and declared by him, on the day of , 
 
 in the year , in the presence of us, who have hereunto sub- 
 
 scribed our names as witnesses thereto, "My will is," (recite the 
 very words.) 
 
 These words, or the like effect, the said € D declared in the • 
 presence of the witnesses whose names are hereunto subscribed, 
 with an intention that th* same should stand for and be his last 
 will and testament, and he the said D, bid the witnesses bear 
 witness thereunto. 
 
262 ' practical forms. 
 
 Provisions of Code of Virginia on the subject o£. Wills. 
 
 (Chapter 122.) 
 
 1. Nuncupative wills are cff force only in the cases of a soldi dr 
 in actual military service, or of a mariner or seaman being at sea. 
 In other cases, the provisions of the fourth section of the chapter 
 (hereafter cited) must be striclly complied with. 
 
 2. In all cases, whether of a devise of real or personal estate, 
 the will shall be construed to speak and take effect as if it had 
 been executed immediately before the death of the testator, unless 
 a contrary intention shall appear on its face. 
 
 3. An executor is not an incompetent witness. A party attest- 
 ing a will in Which there is a devise to himself, will, in case the 
 will cannot be otherwise proved, be a competent witness, and the 
 devise will be void ; but if such witness would be entitled to any 
 share of the estate of the testator, in case .the will were not estab- 
 lished, so much of his share shall be saved to him as shall not ex- 
 ceed the value of what is so devised or bequeathed. 
 
 4. The power of disposal by will extends to any estate, right, 
 or interest to which the testator may be entitled at his death, not- 
 withstanding he may become so entitled subsequently to the ex- 
 ecution of the will. 
 
 5. No person of unsound mind, or under the age of twenty- 
 one years, is capable of making a will in Virginia, except that 
 minors eighteen years of age or upwards may by will dispose of 
 personal estate. Nor is a married woman capable of making a 
 will except for the disposition of her separate estate, or in the ex- 
 ercise of a power of appointment. 
 
 6. The will of a person domiciled out of Virginia at the time 
 of his death is valid as to personal property in Virginia, if it be 
 executed according to the law of the state or country, in' which 
 he was so domiciled. 
 
WILLS. 263 
 
 Sow Wilb are executed in Virginia. 
 
 Sections 4th and 5t]i of chapter 122, Code of Virginia, enact— 
 
 § 4. No will shall be valid unless it be in writing and signed 
 by the testator, or by some other person in his presence and by 
 his direction, in such manner as to make" it manifest that the name 
 is intended as a signature ; and moreover, unless it be .wholly- 
 written by the testator, the signature shall be made or the will 
 acknowledged by him in the presence of at least two competent 
 witnesses, present at the same time ; and such witnesses shall sub- 
 scribe the will in the presence of the testator, but no form of at- ■ 
 testation shall be necessary. 
 
 § 5. No appointment made by wUl in exercise of any power, 
 shall be valid, unless the same be so executed that it would be valid 
 for the disposition of the property to which the power applies, if 
 it belonged to the testator ; and every will so executed, except *he 
 will of a married woman, shall be a valid execution of a power of 
 appointment by will, notwithstanding the instrument creating the 
 power expressly require that a will made in execution of such 
 power shall be executed with some additional or other form of 
 execution or solemnity. 
 
INDEX 
 
 PAGE. 
 
 AB&Ht»NMEST, Notice of..... 1 
 
 •AcK2J«wi.EDaMEST sf deed for Alabama, 215 
 
 'Of deed bjr husband and wife for Alabama,; '216 
 
 Of d«ed for Arkansas...... 214 
 
 (K deed by husband and wife for Arkansas, 215 
 
 Of deed for California 218 
 
 Of deed by husband and wife for California 217 
 
 Of deeds for Connecticut, 218 
 
 Of deeds by husband and wife for Conn,ecticut,.i. 218 
 Of deed by husband, and privy examination of 
 
 wife for Delaware, 218 
 
 Of deed for Florida, when taken by a Judge ' 220 
 
 Of deed for Florida, by married woman, 221 
 
 Of husband and wife for Illinois, 223 
 
 Of husband and wife for Indiana, when wife is - . 
 
 over 21 years of age, , , 224 
 
 Of husband and wife to deed for husband's land 
 
 for Indiana, when wife is between 18 and 21 
 
 years of age, &C., &c 224 
 
 Of liusbarid and wife for Iowa, 225 
 
 Of husband and wife for Kentucky 226 
 
 Of husband alone for Kentucky, , 226 
 
 Of deed for Louisiana .141, 142, 143 
 
 Form of for Maine : ,..,.; 227 
 
 Form of by husband and wife, when property in 
 
 the wife'^ right is conveyed, for Maine 227 
 
 Form of by husband and wife for Maryland,;..... 227 
 
 Form of by husband and wife for Massachusetts, 228 
 
 Form of by husband and wife for Michigan, 229 
 
 Form of by husband aiJd wife, when, taken by a 
 
 cointaissioner of deeds for Michigan 228* 
 
 By liusband and wife for Minesota '. . . 230 
 
 By husband and wife for Mississippi, 231 
 
 By husband and wife for Missouri,... 232 
 
 By husband and wife for New Hampshire 233 
 
 Form of by husband aiid wife for New Jersey, ... 233 
 Form of acknowledgment by husband and wife 
 
 for New York 234 
 
 Form of acknowledgment by husband and wife 
 
 for North Carolina,.. 235 
 
 P'Orm of by husband and wife for Ohio, 236 
 
 Form of by husband, and vife for Pennsylvania,. 237 
 
 Form of by husband and wife for Bhode. Islaad, 237' 
 
 Form of for South Carolina,.....^ 238 
 
 ..vForm of by husband and wife for Tennessee, ...1.. 239 
 
 ^4 
 
266 INDEX. 
 
 PAGE. 
 
 AoKuowLBDaMEBT, Form of, for Texas '239 
 
 Form of by wife for Texas, 240 
 
 Form "of by husband and wife for Venfiont, 241 
 
 Form of for Virginia, 241 
 
 Form of by married woman for Virginia 241 
 
 Form of for Wiscopsin, 243 
 
 Form of by married woman for Wisconsin 243 
 
 Administbatob (See "Executors").. -. 
 
 Eeceipt to an, for tbe payment of a debt of intestate, 213 
 
 Affidavit in ordinary cases, 2 
 
 Of service of notice when party on whom notice is to be 
 
 served, cannot be found,..., 3 
 
 When service is on other person than wife 3, 
 
 When service of notice is by posting a copy at the front 
 
 door, 3 
 
 General form of an, to a petition, Ac «. 3 
 
 To an account against a deceased person's estate, 3 
 
 Of materiality of witnesses, &c., 3 
 
 Of appraisers of estate of decedent, 4 
 
 Of general partner in a limited partnership, 4 
 
 To require bail,; 4 
 
 Age, Condition of a bond that a person, when of, shall conv^, 73 
 
 .Required to enable one to make a will of realty, „ 262 
 
 Required to enable one to make a will of personalty, 262 
 
 AsEHT, Power of attorney to a mercantile ; 3S 
 
 Notice to tenant to quit by an, for landlord 204 
 
 Agreement, Forms of articles of, 5-16 
 
 For the sale of goods at a- price to be ascertained by 
 
 appraisement, 5 
 
 In writing for the sale of real property, &c., 6 
 
 For building a house ^ 7 
 
 For the purchase of growing timber, 8 
 
 To submit a dispute to arbitration 9 
 
 For sale and iinistiing the hull of ship, &o., 10 
 
 ' For making a quantity of shoes 12 
 
 Between a merchant and his clerk, „. 12 
 
 By executors for letting premises during minority of a 
 
 child,... 14 
 
 To let a field for building 15 
 
 To permit the continuance of an obstruction, of ancient 
 
 lights,....;'. , 16 
 
 Alabama, Form of deed of bargain and sale in, 121 
 
 Form of quit-claim deed for,..'... , 122 
 
 Form of deed of trust tor 122 
 
 Acknowledgment of deed for, 215 
 
 Acknowledgmeiit bf deed from husband and wife for 216 
 
 Annuity, (See Dower).." , .....' 
 
 Appbaisembnt, Form of .."..!!!!! 17 
 
 Appbentioe, Indenture of an, bound by his father or mother, or 
 
 guardian, '. 18 
 
 Indenture of an, bound by overseers of poor by order 
 
 of court, 19 
 
 Abbiteation, (See Agreement and Awards) 
 
 Abkaksas, form of deed of bargain and sale \^ith general warranty, 124 
 
 J Form of deed to convey grantor's interest,.'! 124 
 
 Form of deed of trust, .i..... , ,..;. 122-125 
 
INDEX. 267 
 
 . PAGE, 
 
 Aekansas, Acknowledgment of deedfor 214 
 
 Acknowledgment of deed,/by husband and wife, for 215 
 
 Before whom acknowledgment to be made for, 215 
 
 AssiGKMEJifT, Of a note, &o., without recourse, 20 
 
 General form of, 20 
 
 Of money due upon open account, ; 20 
 
 Of a debt, 21 
 
 Of a bond, 22 
 
 Of annuity for the life of assignee 22 
 
 Of lease by endorsement of an administrator With con- 
 sent of lessor ; ..; 23 
 
 Of a mortgage of a lease for years, 25 
 
 Of a policy'of insurance, .• 26 
 
 Of a bill of sale, 26 
 
 Of a deed;....: 27 
 
 Of an order by endorsement, ; 28 
 
 Of a 169,86,....' 28 
 
 Of a .judgment recovered 29 
 
 Of debtors' property in trust fot creditors,..; 30. 
 
 Shorter form of, -of debtors' property, all the creditors 
 
 sharing equally, 34 
 
 Of debtors' property, making preferred classes of credi- 
 tors, '. 35 
 
 Attohnet, Powers of, 38-50 
 
 A general power of, 38 
 
 Power of to mercantile agent, 39 
 
 To Sell and convey lands, 39 
 
 To acknowledge a deed, 40 
 
 To Sell stock, &o., 41 
 
 To prosecute an execution, &c., , 41 
 
 To draw, negotiate and endor'se bills of ex- 
 change, &o., : ,.. 42 
 
 Frbm one executor to' the othfeT, to act in his 
 
 absence, &c.,... 42 
 
 To acknowledge satisfaction on a niortgage,.., 44 
 To receive thd distributive share of an intes- 
 tate's estate, «. 44 
 
 .To receive and recover rents, &c.,, 45 
 
 'To recover debts, 46 
 
 A shorter form of, torecoviar debts, 47 
 
 To receive a leg&ey, 48 
 
 Substitution under a, 49 
 
 A seaman's 49 
 
 Eevocation of a, 50 
 
 AwAEDS, Forms rieBp«ictihg,..i 50-54 
 
 Note concerning, ; 50 
 
 Form of agreement for, ;... 9, 51 
 
 Form of agreement for umpire, 9 
 
 Eeceipt for award money, - 214 
 
 Formi of an award 5J. 
 
 Form of, by an uinpire, ." 62, 
 
 Forin of a nomination of an umpire, 53 
 
 Bail, Form of affidavit to require ^ 
 
 BiBGAiN AND Siiii;; (See "deeds") ;■••■:• 
 
 Of goods and chattels .,.., 54 
 
 IhrixsoF EisfcKiNcfB ..: 55-69 
 
 I 
 
268 INDEX. 
 
 PAGE. 
 
 Bills of Exohakge, Form of foreign , 57 
 
 Form of check ^^ 
 
 Formof drafts, 58 
 
 Form of promiaeory notes 58 
 
 Foi-m of negotiable note _ 59 
 
 Bill OF Sale, Forms of ^ ....■ 59-61 
 
 Of a ship, 59 
 
 Of a ship from two persons each of a moiety 60 
 
 BoKDS, Forms of, '. 61-80 
 
 BoHB, Form of, for the payment of money by installmenta, 61 
 
 Short form of bond for ditto 62 
 
 For payment of money by installments given by two persons, 62 
 
 Receipt for interest on, 213 
 
 Form of arbitration, 64 
 
 Form of arbitration when to be made before an empire 64 
 
 Form of arbitration when to be made a rule of court 65 
 
 Indemnifying, given to sheriff, &c., 65 
 
 Usual forthcoming, :... 66 
 
 Suspending, .'. 67 
 
 Forthcoming, given (aftera suspending b9nd)..'..„....i 67 
 
 Refunding bond toexecutor on his paying a legacy-, 68 
 
 ,, From lessee and his surety to pay rent, &c., 69 
 
 ■ To one bound for the obligor in a bond^for .the payment of 
 
 money 70 
 
 To make and deliver conveyances, &c., , , 71 
 
 Of indemnity, on paying a lost bond, 72 
 
 That a person when of age shall convey, 73 
 
 To indemnify an endorser of a note 74 
 
 To save harmless, from paying rent when the title is in ques- 
 tion _ 75 
 
 Given for the performance of covenants, 76 
 
 t)f indemnity from_ a vendor to a purchaser, \\rhea« title deeds 
 
 were lost '. 76 
 
 Bottomry, 77 
 
 Respondentia , 78 
 
 CALiFOEiiriA, Form of deed of bargain and sale,... , 125 
 
 Forniof deed of trust „ 125 
 
 Ackrmwledgments of deeds for 216 
 
 Acknowledgment of deeds by husband and wife for 217 
 
 Before whom acknowledgments to bemadafor, 217 
 
 Ceetifioate, Of limited partnership, 207 
 
 Clerk's, to attestation of judge for Delaware, 219 
 
 Of execution of deed by mairried woman for Florida,... 221 
 Of relinquishment of dower for Florida, when made 
 
 before clerk of court,, 222 
 
 Form of, of clerk, &o., for Mississippi, ' 232 
 
 Of clerk to j udge'a official character' for Texas, 240 
 
 Of clerk of county court to acknowledgment for Wis- 
 consin, 244 
 
 Chattels, Deed of bargain and sale of,.. '. .-.., ' 54 
 
 Check 58 
 
 QpHNEOTiouT, Forja of deed of bargain and sale with general war- 
 
 ■ ranty, 125-6 
 
 Formof mortgage deed, ^ 126 
 
 Acknowledgment of deeds for, 218 
 
 Acjtnpwledgment pf ^eeda by husband apd wife for, 218 
 
INDEX. 269 
 
 PAGE. 
 
 Connecticut, Before whom acknowledgments to be made ,.... 218 
 
 Deeds of bargain and sale of lands, &g., from husband and wife to 
 
 purchaser, 80 
 
 Of bargain and sale of land by an executrix , 81 
 
 Of gift to feme covert, free from claim, &c., of husband,... 83 
 
 Of gift of personal estate, 84 
 
 Of gift of land to trustees for the benefit of feme covert and 
 
 her children, and free from all interest or claim of husband, 84 
 
 Of lease of house ; 86 
 
 Another form of lease,.. 88-89 
 
 Of lease from tenants in common, 90-91 
 
 Of lease of water power, 92 
 
 For land sold under decree of court, 93 
 
 Power of attorney to acknowledge a deed 40 
 
 Of mortgage of land, for securing payment of money due on 
 
 bond ,.'. 94-95 
 
 Of mortgage to secure endorsers 96 
 
 Of mortgage by demise for years 97. 
 
 Of mortgage of goods 98 
 
 Of partition, „, 100 
 
 Of partition between co-partners on dissolution of co-partner-' 
 
 ship, &o. 101-103 
 
 Of release of property conveyed under a deed of trust, 103 
 
 Of trust to secure the payment of money 104-105 
 
 Of trust of personal estate, 106 , 
 
 Of trust to indemnify surety, 107-108 
 
 For land sold under a deed of trust ; 109-110 
 
 In Virginia !. 111-119 
 
 Form of deed conveying grantor's whole interest, without co- 
 venants of title '. Ill 
 
 Form of deed of bargain and sale with covenant of general 
 
 warranty, ' Ill 
 
 Form of deed of bargain and sale with covenant of special 
 
 warranty, Ill 
 
 Form of deed of bargain and sale with general warranty, con- 
 taining covenants of title 111-12 
 
 Form .of lease, with covenants for payment of rent, re-entry, 
 
 &c ;. 112 
 
 Form of lease, with covenant for Renewal 113 
 
 A deed of trust to secure the payment of one note or bond,... 113^ 
 A deed of trust to secure the payment of two or more notes or 
 
 bonds :. *...;. 114 
 
 A deed of trust to indemnify a surety on a bond,. 115 
 
 A deed of trust to indemnify an endorser......... ,. 116 
 
 Qf release, 118 
 
 A release of claim to property, &c.,... .'.... 118 
 
 FoTin of a deed from clerk to purchaser of land sold for delin- 
 quent taxes, i...., i...... 119 
 
 Form of deed fi-om trustee for feme covert to a purchaser 120 
 
 In Alabama, l.... '. 121-123 
 
 Form of deed of bargain and sale with general warranty, 121 
 
 Short form of deed of bargain and sale, 122 
 
 Form of quit claim deed, 122 
 
 Form of deed of trust,.... 122-123 
 
 In Arkansas 
 
 Form of deed to convey grantor's interest........... 124 
 
270 lurbEX. 
 
 PASB. 
 
 In Arkansas 
 
 Form of deed of bargain and sale with general warranty 124 
 
 Form of deed of trust 125 
 
 In California ,..,, ■• 
 
 • Form of deed of bargain and sale, 125 
 
 Form of deed of trust, •_ 125 
 
 In Connecticut, ■' 
 
 Form of deed of bargain and sale, with covenant of general 
 
 warranty, 125-6 
 
 Form of mortgage deed 126 
 
 In Delaware 
 
 Form of indenture of bargain and sale,... 128 
 
 Form of indenture of mortgage,.: 129 
 
 Form of assignment of indenture of mortgage,. 131 
 
 In District of Columbia 
 
 Deed of bargain and sale with general warranty, 131 
 
 Form of deed of trust, 133 
 
 Form of deed of release 134 
 
 In Florida, In Georgia 
 
 Form of deed of bargain and sale 135 
 
 Form of deed of trust,... '. 136 
 
 In Illinois 
 
 Form of deed of bargain and sale, &c 136 
 
 Form of quit-claim deed , 137 
 
 Form of power of attorney to sell land 137 
 
 In Indiana^..., 
 
 Form of deed with general warranty, 138 
 
 Formbf quit-claim deed, 138 
 
 Form of mortgage deed, 139 
 
 In Iowa 
 
 Form of quit-claim deed , 139 
 
 Form of a deed in fee simple without warranty, 139 
 
 Form of a deed in fee simple with warranty, 140 
 
 Form of a mortgage,.-. '. 140 
 
 Form of a(leed of trust, 140 
 
 General Form of commencement and conclusion of deeds, 140 
 
 In Kentucky, 
 
 Form of deed of bargain and sale, 141 
 
 Form of deed of trust, 141 
 
 In Louisiana 
 
 Form of act of sale-.-v, 141 
 
 Form of wife's renunciation ; 142 
 
 In Maine , 
 
 Form of deed of bargain and sale With general warranty 143 
 
 Form. of quitclaim deed 144 
 
 In Maryland 
 
 Form of deed of bargain and sale, 145 
 
 Form of covenant for further assurance, 146 
 
 Form of covenant of general Warranty 146 
 
 Form of covenant of special warranty, 146 
 
 Form of mortgage for securing debt, &c 146 
 
 In Massachusetts 
 
 Form of deed of bargain and sale with general warranty 148 
 
 Form of quit-claim deed, •. , 148 
 
 Form of deed, wife uniting to release dower 149 
 
 Form of deed when property belongs to wife 149 
 
INDEX. 27i 
 
 SAffiE. 
 
 In Micliigan. ,,...,.„.*...,.,..., , , 
 
 Form of deed of bargain and saU with general warranty, 149 
 
 Form of quit-claim deed ,..,..<. , 150 
 
 In Minesota 
 
 Form of deed of bargain and sale with general warranty l&l 
 
 Form of quit-claim (feed, , , 152 
 
 In Mississippi „ , ...,. 
 
 Form of deed of bargain and sale with general warranty 152 
 
 Form of quit-claim deed,..,.., ' 1S2 
 
 In Missouri • , 
 
 Form of deed of bargaia a.nd sale, &c 152 
 
 Form of quit-claim deed, , 153 
 
 In New Hampshire , , 
 
 Form of deed of bargain and sale, 153 
 
 Form of quit-claim deed ..,...,. ,,... 153 
 
 In New Jersey, .>. 
 
 Form of deed of bargain and sale, &c„ ,. 153 
 
 Forrn of deed of bargain and sale without warranty, 155 
 
 In New York , , , , 
 
 Form of deed of bargain and sale 155 
 
 Forrn of deed of bargain and sale with general warranty,... . 156 
 
 Form of deed of bargain and sale, with covenants of title, &c., 157 
 
 Fortn of quit-claim,...,.,,, , 158 
 
 Form of mortgage by husband and wife,..: 158 
 
 In North Carolina , 
 
 Form of deed of barga,inand sale,.; , 160 
 
 Form of deed of trust .^ 160 
 
 In Ohio, Form of deed of -bargain and sale, with -warranty,.. ,. 160 
 
 Form of same, with covenants of title, &c 160. 
 
 Form of quitclaim deed, 162 
 
 Form of deed of trust, creating special estate for wife 163 
 
 Form of a mortgage ,.,.....,, ,,..., : 164 
 
 In Pennsylvania, 
 
 Form of deed of bargain and sale 169 
 
 Form of deed of feolnnent,with special covenants 167 
 
 Form of quit-claim deed , ;.. 169 
 
 Form of mortgage to secure payment of money due on a bon4, 170 
 
 Form of mortgage to secure endpjsers in bank , 171 
 
 Ip Rhode Island, ..., 
 
 Form of deed of bargain and sale 172 
 
 Form of mortgage deed, , 172 
 
 InSouth Carolina),....! 
 
 Form of deed of conveyance , 173 
 
 In Tennessee , 
 
 Form of deed of bargain and sale, ^ 174 
 
 Form of deed of trust, , 174 
 
 In Texas), , 
 
 Form of conveyance of fee simple estates 1 74 
 
 In Vermont, Form of deed conveying land ,, 175 
 
 In Wisconsin, Form of deed with general warranty, 244 
 
 ]>elawab:5, Form of indenture of bargain and sale, 128 
 
 Form of indenture of mortgage, 129 
 
 Form of assignment of indenture of mortgage , 131 
 
 Acknowledgment of deeds for ■. 218 
 
 Clerk's certificate to attestation of judge 219 
 
 Before whom acknotttledgment taken, for,.... t 219 
 
272 INDBX. 
 
 « 
 
 PASB. 
 
 DiSTBici OP Columbia, Form of deed of bargain and 'sale with gene- 
 ral warranty,.... 131 
 
 Form of dSedof trust 133 
 
 Form of deed of release 134 
 
 Depositiohs, How, may be takeri 200 
 
 Notice to take ; ■. 200 
 
 Form of caption of, attestation, &c 200 
 
 Form of summons requiring attendance of witness 202 
 
 Form of report of non-attendance of witness 203 
 
 DowEE, Eules concerning,. ..», .■....., 175, 182 
 
 Tables sho'sying Expectation of life 176 
 
 A table showing present value Of an annuity, &c i 180 
 
 Calculation to snow present value of an annuity of $60j%''5 for 
 
 10 years by discounting at compound interest 181 
 
 Calculation,- supposing $441 60 put to interest, &c., 182 
 
 Draft,.... 58 
 
 ExcHAKGE of land in fee, 183 
 
 (See "Bills of Exchange") 
 
 ExEOUiOKS, Administrators and other fiduciaries,... 185,195 
 
 Account of executor or administrator,. 186 
 
 Account of trustee, 188, 190 
 
 Form of trustee's account, > 190 
 
 Account of guardian ^...' ...,.'.. 192 
 
 Refunding bond to, on paying a legacy 68 
 
 Agreement by, for letting premises during minority, &c., 14 
 
 Keceipt to, for a legacy........... 213 
 
 ExECUTEix, Form of deed of bargaiil and sale of land by an, 81 
 
 Father, Indenture of an apprentice bound out by his 18 
 
 Fee Simple, (See " Deeds"), 
 
 Feme Covert, Deed of gift of land to trustees for, and her children 
 
 free from claim of husband 84 
 
 Deed of gift to, free from claim, &c., of husband,. 83 
 
 Firm, Notice of a new 206 
 
 Florida, Acknowledgment of deed for,when taken by a judge, 220 
 
 Eelinquishment of dower, &c., by matried woman, 220 
 
 Certificate of execution of deed by married woman for 221 
 
 Relinquishment of dower by married woman for, she not 
 
 having united in the dead of husband,... 221 
 
 Certificate of relinquishment of dower for, when made be- 
 fore a clerk of a court, 222 
 
 Before whom acknowledgment made, for...... 223 
 
 Form of deed of bargain and sale in 135 
 
 Form of deed of trust in-, I3tj 
 
 Geoeqia, Forin of deed of bargain and sale in,.. 136 
 
 Form of deed of trust in, " 136 
 
 Acknowledgment of deed for, 
 
 Gift, Deed of, of personal estate 84 
 
 Deed of, to feme, covert, free from claim, &o., of husband,..'.....'. 83 
 Deed of, of land to trustees for the benefit of feme covert and 
 
 her children _ 84 
 
 Goods, Agreement for the sale of, afccording to their appraised'vaiue, 5 
 
 Deed of mortgage of, 98" 
 
 Q uarm AN, Indenture of an apprentice bound out by his 18 
 
 Release to a,... 246 
 
 Appointment of a, by will '.'.'.'!![ 260 
 
 AcBonntof, ;,, , ..,..,." [ 192 
 
INDEX. ' 273 
 
 I • PAGE. 
 
 GuAEDiAH, Form for settlement of accountof, .^ 192 
 
 •'House, Agreement to build according to plan, 7 
 
 Deed of leaseof, .* 86 
 
 Illinois, Form of deed of bargain and sale, &c„ 136 
 
 Form of quit-claim deed, 137 
 
 -Form of powtr of attorney to.sell and, convey laud 137 
 
 Form of acknowledgment of Husband and wife for 223 
 
 Before wHom acknowledgment, &c. made, for, 224 
 
 Indbmhiiy, Condition of a bond of, on paying a lost bond 72 
 
 Condition of a bond of, from a vendor to a purchaser, 
 
 where title deeds are lost,% 76 
 
 IndentuEE, Of appreiitice bound out under an order of tie court, by 
 
 the overseers of the poor, l 19 
 
 Of apprentice bound out by father, mother, &c.,.. 18 
 
 Infant, Condition of bond that when of age -will cjnvey 73 
 
 Indiana, Form of deed with general warranty 138 
 
 Fdrm of quit-claim deed ' : 138 
 
 Form of nioitgage deed \.., 139 
 
 Form of acknowledgment of husban^ and wife, for, when 
 
 ' wife is over 2t years' of a^,.^ ' 224 
 
 Form of same, when wife is between 18 and 21, 224 
 
 Before whom acknowledgments made, , 225 
 
 Interest, Condition of bond for payment of money with 63 
 
 , Receipt for, on bond,....;...'..!.... ■ 213 
 
 Intestate, Power of attorney to receive, the distributive share in 
 
 estate of, , 44 
 
 Eeceipt to as administrator for the payment of the deljt of, 213 
 
 Iowa, Form of quit-claim deed, : ♦ 139. 
 
 Form of deed in fee simple without warranty, 139 
 
 Form of deed in fee simple with warranty 140 
 
 Form of a mortgage .' , ; :. 140 
 
 Form of a deed of trust, ,' ,'... 140 
 
 General form of commencement and conclusion of deeds in, ... . 140 
 
 Form of ackifcwledgment by husband and wife, for, 225 
 
 Before whom acknowledgments made, 225 
 
 Judgment, Assignment of a, : .,.;.., 29 
 
 Power of attorney to prosecute an execution upon' a, re- 
 covered by verdict, and to receive proceeds, 41 
 
 Kentucky, Fcrin of deed of bargain and sale 141 
 
 Fwmof deed of- triist, >., 141 
 
 Form of acknowledgment by husband and wife, for, 226 
 
 Form of acknowledgment by husband alone, for 226 
 
 Before whom acknowledgment made, 226 
 
 Land, Power of attorney tp sell and convey 39 
 
 Deed of bargain and sale of land 80 
 
 Deed of bargaiii and sale of, by executrix, 81 
 
 Deed of giftof, to trustees, &c.,. 84 
 
 Deed for, sold under decre? of court, 93 
 
 Deed of mortgage of, for securing payment of money due on 
 
 a bond, • ••'• 94 
 
 Deed for, sold iinder a deed of trust,.... 109 
 
 Deed of exchange of, in fee, 183 
 
 Landloed, Notice by, foiessee 203 
 
 Notice by an agent of, to tenant to quit 204 
 
 Lease, Form of.'with covenants for payment of re.nt, 112 
 
 ' " Assignmeatof a 28 
 
 35 
 
274 INDEX. 
 
 _ 1 
 Lease, Assignment of a, "by endorsement of an administrator, with 
 
 consent of lessor, i'. ; 23 
 
 Assignment of a mortgage of a lease, 25 
 
 Condition of bond from lessee and his surety to pay rent ac- 
 cording to,.... , 69 
 
 From tenants in common, , 90 
 
 Deed of, of a house, , 86 
 
 Deed of, of water power ; 92 
 
 Notice to determine a,..,. 204 
 
 Form of lease, with covenant of renewal 113 
 
 Legacy, Power of attorney to receive a,' '. 48 
 
 Hefunding bond to executoir on his paying a, 68 
 
 Receipt to%,n executor for a 213 
 
 Lights, Agreement to permit obstruction to ancient, 16 
 
 LotJisiANA, Form of act of sale in 141 
 
 Form of wifel renunciation . 142 
 
 Acknowledgment of act of sale,... 141 
 
 Before whom -acknowledgment made, for, 142,143, 226 
 
 . Maine, Form of deed of bargain ana sal^ with general warranty,.... 143 
 
 Form of quit-claim deed,...™. , 144 
 
 Form of acknowledgment f* 227 
 
 Form of acknowledgment for by ■ husband and wife,Vheu 
 
 property in wife's right is conveyed,.. 227 
 
 Mabiue Peotest,-. '.'. .., • 198 
 
 Marriage Settlemejjt ..i • 254 
 
 Makyland, Form of deed of bargain and sale 145- 
 
 Covenant for further assurance 146 
 
 Covenant of general warranty 146 
 
 Covenant of special warranty, u 146 
 
 Form of mortgage for securing debt, 146 
 
 Form of acknowledgmeilt by husband and wife, for, 2^7 
 
 . Before whom acknowledgments made, for, 228 
 
 Massachusetts, Form of deed of bargain and sale with general war- 
 ranty, ... ..v.... , 148 
 
 Fdfm of quit-clailn deed,, 148 
 
 Form of deed, wife uniting to release doWer 149 
 
 Form of deed when property belongs to wife, 149 
 
 Form of.acknowledgmeht of husband and wife 228 
 
 Before whom to be made....... 229 
 
 MpEOHANT, Agreement between and his clerk 1 ^ 12 
 
 MiNESOTA, Form of deed of bargain and sale with general warranty, 151 
 
 Form of quit-claim deed, '.........;.„......; 152 
 
 Form of acknoWlddginfent by husband and wife, for, 230 
 
 Before whom acknowledgment to be made, 230 
 
 MioHiGAN-, Form of de^d of bargain and sale with general warranty. 149 
 
 Form of quit-claim deed 150 
 
 Form of acknowledgmeit by husband and wife, 229 
 
 Form- of same taken bypommisSioBet of deeds for 229 
 
 Mississippi, Form of deed of bargain and sale....... 152 
 
 Form of quit-olaini deed, ' 152 
 
 Aoknowl^gment of deed, for, 231 
 
 Form of certificate of clerk, &o., ." 232 
 
 Before whom acknowledgment made, 231 
 
 Missouri, Form of deed of bargain and sale f. 152 
 
 Form of q-uit^claim'deed, :'. I53 
 
 Acknowledgment of deed for 232 
 
INDEX. 275 
 
 ■»«■■ PAGE. 
 
 MlssouEi; ■ Before whbitt aoknowleagment made,...- 233 
 
 ' Monet, Assignment of, due on adcounf;,. 20 
 
 Bondfoi?the paymentof,, by instalments, .. , , 61 
 
 Bond to one bound'for the paymentof money 70 
 
 Deed of mortgage, for-seouring payment of, ^^. 94 
 
 Deed of trust to secure paymentof, -iHi" ^^'^ 
 
 Receipt for award iTzvT.. 214 
 
 ijoETGAGE, Assignment of, of lease for years,.... , ., 25 
 
 Power of attorney to acknowledge satisfaction on a 44 
 
 Deed of,...: „... 94 
 
 Deed of, to secure endorser's 96 
 
 Deed of, by deinise for years, ...'. 97 
 
 Deed of, of goods > 9S 
 
 ■RoTEi Assignment of,.., , ! 20" 
 
 Form of negotiable,.. £'9 
 
 Form of promissory, , , 58 
 
 Form of protest bf negotiable, ., 196 
 
 Form of bond to indemnify an endorser of &y..^ , 74 
 
 NoTABlES, (See "Depositions"), ....,■. !... ; 
 
 ■ Form of protest of negotiable note,., 196 
 
 Form of notice to endorsers of non-payment.of negotiable 
 
 ■ nole,...v ., ,..'. , 19-7 
 
 p Form of protest qf bill of exchange '. 197 
 
 Form of marine^protest,, .' 198 
 
 Form of certificate to copy, 199 
 
 Form of notice to take 'depositions, 200 ■ 
 
 Caption of depositions, &c., &c., .- 200 
 
 Waiver of demand, protest, &c.,... 197 
 
 Form of summons requiring attendance of witnesses 20? 
 
 Form of report.of pou-attendance of witnesses, 203 
 
 Their authority under laws of Vil'ginia, 196 
 
 Their seal, When taxed, .' , 196 
 
 When required to render accoiint, and to whom, 196 
 
 New Hampshibe, Form of deed of bargaiin and sale,.. 153 
 
 Form of quit-claim deed, 153 
 
 Acknowledgment of deed for, 283 
 
 Witnesses, to deed for, ,. 233 
 
 Ackiiowledgments, before whom made,, 233 
 
 New Jeeset, Form of deed of. bargain .and sale with warranty 153 
 
 Form of deed of bargain and sale without warranty,... 155 
 
 Forin of acknowledgment of deeds for .-.'. 233 
 
 I^efore whom atJkpowledgment to be made ; 234 
 
 New Yoek, Form of deed of bargain and sale 155 
 
 Form of deed of bargain and sale with general warranty, 156 
 
 Form of deed of baigainand sale with covenants of title, 157 
 
 Form of quit-claim deed, '. 158 
 
 Form of mortgage by husband and wife , 158, 
 
 Acknowledgment of deeds for, 234 
 
 Befor6.whom to be made, 235 
 
 NoEia Oakolina, Form of deed of bargain and sale,. 160 
 
 Form of deed of trust 160 
 
 Foitn of acknowledgment for, 235 
 
 Before whom acknowledgment made 233 
 
 Notice, Of abaiidonment 1 
 
 Form of notice to quit by laiidlord to tenant, &c.,.. 203 
 
 Form of, by a tenantof hie intention io quit, 2Q4 
 
276 INDEX. 
 
 PAGE. 
 
 Notice, To tenant to quit by an agent for landlord ...'...., 204 
 
 To take depositions , 200 
 
 Form of, of protest, 197 
 
 • By one partner to another of iiilention to dissolve the co- 
 partnership pursuant to power in articles '..... 205 
 
 Frarifcjpartner to- partner of intention to dissolve copartner- 
 
 ^^ where partnership was for a limited time,.. 205 
 
 Of dSsolution of partnership, and that one of the partners 
 
 will continue the business .' 205 
 
 . Of dissolution of partnership as to oUe of firin and of new 
 
 firm 206 
 
 To tenants of a conveyance to a purchaser, 206 
 
 Affidavit of service of...... ;.... 2 
 
 Ohio, Form of deed of bargain and sale with warranty...... 160 
 
 Form of deed of bargain and sale with covenants of title, 160 
 
 Form of quit-claim deed, / 162 
 
 Form of deed of trust creating special estate for wife, 163 
 
 Form of amortgage ■ 164 
 
 Form of acknowledgment of deedfor,- ' 236 
 
 Before whom ackdowledgment made, , . . .' 236 
 
 Pabtheeship, Form of limited 207 
 
 Articles of, between two tradesmen, 208 
 
 ^ „ Form of dissolution of........ 211 
 
 Notice of dissolution of, as to one of the partners, * 209 
 
 ' Notice of dissolution of, and who to pay, &c 206 
 
 Notice of' dissolution of, and that one will continue, . . . 205 
 Notice from partner to partner, of intention to dissolve, 
 
 where the, was for a limited time, 205 
 
 PENfraYLWAKiA, Form of deed of bargain and sale, 165 
 
 Form'of deed of feoffment, with special warranty,... 167 
 
 Form of quit-claim deed .• 169 
 
 Form of mortgage to secure' payment of money due 
 
 on a bond,.." 170 
 
 Form of mortgage to secuj-e endorsees in bank 171 
 
 Acknowledgment of deed for, 237 
 
 Acknowledgment before whom made 237 
 
 Protest of negotiable note, ,' .- 196 
 
 Of bill of exchange j 197 
 
 , Marine, ■. '. 198 
 
 Eeoeipts for rent paid, .: 213 
 
 For interest on bond 213 
 
 To an executor f6r a legacy, , 213 
 
 To an administrator for the payment of a debt of intestate, 213 
 
 Of an annuity, 214 
 
 y Foraward money 214 
 
 Ebcoed of WEiTiuas, (See ".Deeds," "Powers of attorney" and "Ac- 
 knowledgments)" 
 
 Eelease, a general, from one to one 246 
 
 Deed of, of property conveyed under deed of trust 103 
 
 To a guardian, ' 246 
 
 From creditors to a debtor, under composition 247 
 
 Or confirmation (by. endorsement) of a deed Jjy an infant 
 on his coming of age, who had been made a party 
 
 thereto during his minority, 248 
 
 EELiiTftuisHMENT of dowSr, fec, by married woman, (See Acknowledg- 
 ments) 
 
INDEX. 277 
 
 Eeht, Power of attorney to receive and recover, and to give dis- 
 
 ^ , 54 
 
 Gondition of bond from lessee and surety .to pay, according to 
 
 provisions of lease,.... 69 
 
 Condition of bond to make and deliver conveyances and to 
 
 permit the obligee to receive the, &o 71 
 
 BDn4 to-save harmless from paying, when the title is in ques- 
 tion, ^ 75 
 
 Receipt for , , 213 
 
 Eevooation of a power of attorney .' 50 
 
 Ehode Island, Form of deed of bargain and'sale,. 172 
 
 > Foyn of mortgage deed, 172 
 
 Form of aloknowledgment of deeds for 237 
 
 Before whom taken ; 238 
 
 Sale, Agreement for the, o^ goods as they shall be appraised, , 5 
 
 Agreement for the, of and finishing the hull of ship,., . H 
 
 • Assignment of a bill of,..-...' ' 26 
 
 Satisfaction, Power of attorney to acknowledge, on a mortgage,.,... 44 
 
 Seaman, A power of attorney of a... 49 
 
 Sepaeation, Deed of, wife allowed annuity :..... 239 
 
 ' Deed' of, wife given all her estate 251 
 
 Settlement, Marriage, , , 254 
 
 Shaeb, Power of attorney to receive distributive, of intestate's 
 
 estate,... ^.... 44 
 
 Ship, Agreement for the sale and finishing the hull gf a,..., 11 
 
 Bill of sale of a, , , 59 
 
 Bill of sale of a, from two persons, each of a moiety 60 
 
 SioftK, Power of attorney to sell, and to^receive dividends, 41 
 
 SoDTH Caeolina, Form of deed of conveyance 173 
 
 .Form of acknowledgment of deeds for, 238 
 
 Forpi of relinquishment by a married woman for, 238 
 
 Before whom taken 239 
 
 Submission, To arbitration under rule of court, 65 
 
 SoBSTiTDiiON under a power of attorney , 49 
 
 SuEETY, Condition of bond from lessee and his, to pay rent according 
 
 toTiis lease, 69 
 
 Deed of trust to indemnify ._ 107 
 
 SuEEENDEE, Of dower, ^ '. 257 
 
 Of part of term of leased property 258 
 
 .Tennessee, Form of deed of bargain and >sale,;.......,, 174 
 
 Form of deed of trust,... 174 
 
 Form of acknowledgnient of deed for, 239 
 
 ^ Before whom acknowledgment to be made 239 
 
 TSxas, Form of conveyance of fee simple estate, 174 
 
 Form of acknowledgment for ^ 239 
 
 Form of acknowledgment by wife for,, 240 
 
 Form of certificate of clerk to judge's official character, 240 
 
 Before whom acknowledgment made, 241 
 
 Trustee, Form for settlement of account of, P. 192 
 
 Veemont, Form of deed conveying land, .• "175 
 
 Form of acknowledgment for,.... 241 
 
 Before Whom acknowledgment made,.. ; , 241 
 
 VlKGlNlA, Form of deed of bargain and sale with covSnants of spe-'!t 
 
 cial warranty '... Ill 
 
 Form of deed of bargain and sale with covenants of gene- 
 ral warranty -. Ill 
 
278 INDEX. 
 
 PAflE. 
 
 ViEGiKiA, Form of deed conveying grantbrs' whole interest without 
 
 covenants of title, : 
 
 Form of deed of bargaiii and sale with general waiTanty, 
 
 containing covenante of title, 
 
 Form oflease with covenants for payment of rent, re-en- 
 
 , try, &c., ■. ]}^ 
 
 Form of lease with covenant for renewal ~" • ' ' V ' ' ' ' V }\t 
 
 ♦ A deed of trust to secure the payment of one note or bond, lid 
 A deed of trust to secure the payment of two or more 
 
 notes orbonds ; ■» j-j-'^ 
 
 A deed of trust to indemnify a surety on a bond 115 
 
 A deed of trust to indemnify an endorser ...-. Ho 
 
 Deed of release •• H" 
 
 A release lo claim to property other than lien' of a trust 
 
 d^ed !.......... •• ^ 118 
 
 Form of deed from clerk for land sold for delinquent 
 
 taxes, ■ ' US' 
 
 Deed from trustees for married womaa- to purchaser 120 
 
 Form of acknowledgment for, 241 
 
 Form of relinquishment by married woman for, 241 
 
 Before whom acknowledgment, &c., made 242 
 
 WlscoNSiir, Form of deed with general warranty, , 244 
 
 Form of acknowledgment for, 243 
 
 Form of relinquishment by married woE!ia,n, for 243 
 
 Certificate of clerk of county court 244 
 
 Wills, Will bequeathing portions to several children, and appoint- 
 ing guardian ,259 
 
 General form of codicil to a will 261 
 
 Commencement and conclusion of a nuncupative will, 261 
 
 Provisions of Code of Virginia concerning wills,....- 262 
 
 Nuncupative wills only of force when, ;....; 262 
 
 Construed to speak immediately before death of testator, both 
 
 as regards realty and personalty, , 263 
 
 Executors in wills not incompetent witnesses, 263 
 
 Nor a devisee nor legatee, ; 263 
 
 What may be devised and bequeathed by wills 262 
 
 Minors, 18 years of age, may bequeath personalty 362 
 
 When married woman may i^akeawill, 362 
 
 W-ill of personalty, how executed, when executed out of Vir- 
 
 . ginia, 262 
 
 Mode of executing wills in Virginia 263 
 
 Witnesses to a will, competen'cy of,' 262j 263 
 
 How they should attest a *illi 2Q3